JOURNAL
OF THE
HOUSE OF REPRESENTATIVES
OF THE
STATE OF GEORGIA
AT
THE REGULAR SESSION
Commenced at Atlanta, Monday, January 13, 1958 and adjourned February 21, 1958
1958 LONGING & PORTER, INC.
HAPEVILLE, GA.
OFFICERS
OF THE
HOUSE OF REPRESENTATIVES
1958-1959
MARVIN E. MOATE.. ................................................... .Speaker
HANCOCK COUNTY
BEN JESSUP............................................ .-.---Speaker Pro Tern.
BLECKLEY COUNTY
JOE BOONE- .......................................................................... -Clerk
WILKINSON COUNTY
JACK GREEN---.----. ........ ..--------..-..-..... .....Assistant
RABUN COUNTY
JANETTE HIRSCH ...................................................... .....Assistant
FULTON COUNTY
HUGH SKELTON...................................................... .........Assistant
HART COUNTY
CURTISE. DUKE.----.................................................... Doorkeeper
DECATUR COUNTY
ELM ORE C. THRASH............................................... .--.Messenger
LOWNDES COUNTY
HOUSE JOURNAL
Representative Hall, Atlanta, Georgia. Monday, January 13, 1958.
The Representatives of the General Assembly of Georgia for the years 1957-1958 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 Henry G. Walker, Pastor of the First Methodist Church, Sparta, Georgia.
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
April 8, 1957
Honorable Marvin E. Moate Speaker, House of Representatives Atlanta, Georgia
Dear Sir:
I hereby certify that the consolidated returns on file in this office of Special Election held on the 4th day of April, 1957, in Lee 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 W. M. Coxwell, show the following results:
H. G. HALL......._____,,_____.____.._________.____...^Received 655 votes William (Bill) Tarpley........._.....___......_..._._...__..Received 248 votes
Given under my hand and seal of office, on this the 8th day of April, 1957.
Ben W. Fortson, Jr. Secretary of State
(Seal)
JOURNAL OF THE HOUSE,
DEPARTMENT OP STATE
Ben W. Fortson, Jr. Secretary of State Atlanta 3, Georgia
November 18, 1957
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 5th day of November, 1957, in Rich mond 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 R. Lee Chambers, show the following results:
J. B. FUQUA.-----___----------_------------Received 3786 votes R. William Barton----_----...----------___......Received 3724 votes William M. Fleming, Jr.----------._.------........Received 2263 votes Robert J. Golden---,,____-____--_----__--.----------.Received 136 votes
Given under my hand and seal of office, on this the 18th day of November, 1957.
Ben W. Fortson, Jr. Secretary of State (Seal)
DEPARTMENT OF STATE Ben W. Fortson, Jr. Secretary of State Atlanta 3, Georgia
Honorable Marvin E. Moate Speaker, House of Representatives
State Capitol Atlanta, Georgia
May 24, 1957
Dear Sir:
I hereby certify that the consolidated returns on file in this office of Special Election held on the 22nd day of May, 1957, in Rockdale 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 William T. (Bill) Dean, show the following results:
JAMES C. MANN...------------------------Received 1156 votes Willis A. Foster------------------------------------Received 284 votes
Given under my hand and seal of office, on this the 24th day of May, 1957.
Ben W. Fortson, Jr. Secretary of State (Seal)
MONDAY, JANUARY 13, 1958
7
DEPARTMENT OF STATE Ben W. Fortson, Jr. Secretary of State Atlanta 3, Georgia
December 19, 1957
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 17th day of December, 1957, 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 resignation of Honorable A. L. Stewart, show the following results:
A. B. C. DORMINY, JR.----------------------------Received 767 votes A. B. Griner.___----------__--------__._------Received 319 votes Jesse D. Powell--------------------------------------Received 292 votes
Given under my hand and seal of office on this the 19th day of December, 1957.
Ben W. Fortson, Jr. Secretary of State
(Seal)
The roll was called and the following members answered to their names:
Adams Alien
Bagby Ballard Barber Barrett Baughman Birdsong Black
Blalock of Coweta Blalock of Clayton Bodenhamer Boggs
Bolton Brackin
Bradley
Brennan Brooks of Oglethorpe Brooks of Fulton Broome Budd
Burkhalter Busbee Cagle Caldwell
Callier
A. Campbell of Walker
W. Campbell of Walker
Carlisle Carr Carswell Carter Chastain
Cheatham Cheek Cloud Coalson
Cocke Cowart
Craven
Crummey Denmark Dorminy Duncan Echols
Elder Ellis Eyler Fellows
Floyd
Flynt Fordham
Fowler of Douglas Fowler of Treutlen Frazier Freeman Fuqua Gowen Green of Rabun
Greene of Bartow Griffith Grimsley Gross of Stephens
Gross of Dade Gunter
Hall of Lee
Hall of Floyd Hardaway Harper Harrison Hawkins
Helms Henderson Hendrix Hill
Hodges of Ware
JOURNAL OF THE HOUSE,
Hodges of Butts Hogan Holcombe Holley Holloway Huddleston Hurst Ingle Irvin Jessup Johnson Jones of Wayne Jones of Worth Jones of Lumpkin Jones of Baker Jones of Laurens Jones of Sumter Jones of Crawford Kelley Kennedy Key Killian Kimmons King Lam Lancaster Land Lanier Larkins Lee Lindsey Lokey Long Lott Love Mackay Mann Martin Matthews Miles Miller of Twiggs
Miller of Elbert Moate Mobley Moorman Morris Moss Mull Murphy Murr Musgrove McClelland McCracken McGibony McKenna McWhorter Neese Nichols Nilan Odom Orr Overby Palmer Parker of Ware Parker of Appling Payton Pelham Perkins Perry Peters Pettey Phillips of Columbia Phillips of Walton Pickard Pickett Ramsey Raulerson Ray Reed Roberts Rodgers of Charlton Rogers of Heard
Ross Roughton Rowland Russell Rutland Scoggin Sheffield Short Singer Smith of Porsyth Smith of Emanuel Smith of Fulton Smith of Whitfield Souter Stephens Story Summers Tabb Tamplin Tarpley Taylor Todd Truelove Twitty Underwood Veal Walker of Lowndes Walker of Telfair Watson Weems Wells White Willingham Willis Wilson Winkle Wooten Wright of Floyd Wright of Dodge Yandle Young
Mr. Black of Webster, Chairman of the Committe on Auditing, Enrolling and Engrossing, Journals, reported that the Journal of the last day's proceedings of the 1957 Session, had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
Representatives-elect Hall of Lee, Fuqua of Richmond, Mann of Rockdale and Dorminy of Ben Hill, came forward to the Bar of the House, and were adminis tered the oath of office by Judge Joseph Quillian of the Court of Appeals of Georgia.
MONDAY, JANUARY 13, 1958
9
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 uneontested local Bills and Resolutions. 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 Resolutions of the House were read and adopted:
HR 238. By Mr. Hawkins of Screven:
A RESOLUTION
Be it resolved by the House that the Clerk be instructed to notify the Senate that the House has convened in regular session in accord ance with law, and is now ready for the transaction of business.
HR 239. By Mr. Hawkins of Screven:
A RESOLUTION
Be it Resolved by the House, the Senate concurring, that a Joint Committee of 5, three from the House to be appointed by the Speaker of the House, and two from the Senate to be appointed by the President of the Senate be designated to notify his Excellency, the Governor, that the General Assembly has convened in regular session in accord ance with the law, and is now ready for the transaction of business.
Under the provisions of HR 239, the Speaker appointed the following as a Committee on the part of the House:
Messrs. Sheffield of Brooks, Johnson of Jenkins and Cloud of Decatur. HR 240. By Mr. Hawkins of Screven:
A RESOLUTION
BE IT RESOLVED by the House of Representatives, the Senate concurring that the House and Senate in joint session in the Hall of the House of Representatives at 11:45 A. M. o'clock on Tuesday, Janu ary 14, 1958, for the purpose of hearing a message from his Excellency, Governor S. Marvin Griffin.
BE IT FURTHER RESOLVED that a committee of five, three to be appointed by the Speaker of the House and two to be appointed by the President of the Senate be named to escort the Governor to the hall of the House.
Under the provisions of HR 240, the Speaker appointed the following as a Committee on the part of the House:
10
JOURNAL OF THE HOUSE,
Messrs. Jessup of Bleckley, Musgrove of Clinch and Puqua of Richmond. HR 241. By Mr. Hawkins of Screven:
A RESOLUTION
Be it resolved by the House that the provisions of HR 4 with refer ence to the appointment and compensation of attaches of the House be adopted and continued for this session in the House.
Be it further resolved that in addition to the employees mentioned in the Resolution named above, the Clerk is hereby authorized and directed to employ 1 Xerography operator, 1 Typist and 1 Proof Reader, additional employees to operate the additional machinery recently in stalled in the Clerk's office and used for printing of bills and other matters of the House.
The Speaker announced the following Committee appointments:
Honorable H. G. Hall Representative, Lee County Route 2 Leesburg, Georgia
January 14, 1958
Dear Mr. Hall:
Let me welcome you as a member of the House on behalf of our entire membership.
You will take over the committee assignments which Mr. Coxwell had, which are as follows:
State Institutions and Property Natural Resources Temperance
I hope you will feel free to call on my office any time we can be of assistance to you.
Sincerely yours,
MEM:eh
Marvin E. Moate, Speaker of the House.
January 14, 1958
Honorable A. B. C. Dorminy, Jr. Representative, Ben Hill County Fitzgerald, Georgia
Dear Mr. Dorminy:
Let me welcome you as a member of the House on behalf of our entire membership.
You will take over the committee assignments which Dr. A. L. Stewart had, which are as follows:
Hygiene and Sanitation Local Affairs Insurance
MONDAY, JANUARY 13, 1958
11
I hope you will feel free to call on my office any time we can be of assistance to you.
Sincerely yours,
Marvin E. Moate, Speaker of the House.
MEM:eh
January 14, 1958
Honorable J. B. Fuqua Representative, Richmond County Augusta, Georgia
Dear Mr. Puqua:
Let me welcome you as a member of the House on behalf of our entire membership.
In accordance with your request I am appointing you to the Banks and Banking Committee in place of General Judiciary, but I am giving you the other two appointments which Mr. R. Lee Chambers held, namely Industry and University System of Georgia.
I hope you will feel free to call on my office any time we can be assistance to you.
Sincerely yours,
Marvin E. Moate, Speaker of the House.
MEM:eh
January 14, 1958
Honorable James C. Mann Representative, Rockdale County Conyers, Georgia
Dear Mr. Mann:
Let me welcome you as a member of the House on behalf of our entire membership.
You will take over the committee assignments which Mr. William Dean had, which are as follows:
Local Affairs Industrial Relations--Secretary State of the Republic
I hope you will feel free to call on my office any time we can be of assistance to you.
Sincerely yours,
Marvin E. Moate, Speaker of the House.
MEM:eh
12
JOURNAL OF THE HOUSE,
Honorable George B. Hamilton State Treasurer State Capitol Atlanta, Georgia
January 17, 1958
Dear Mr. Hamilton:
This is to notify you that I have appointed Honorable Ben Jessup, Representative from Bleckley County, as Vice-Chairman of the Inter state Cooperation Committee to replace Honorable William T. Dean of Rockdale County, who resigned his seat in the House.
With kindest personal regards, I am
Yours very truly,
MEM:eh
Marvin E. Moate, Speaker of the House.
The following Resolution of the House was read and referred to the Com mittee on Rules:
HR 242. By Messrs. Moate of Hancock and Hawkins of Screven:
A RESOLUTION
Be it resolved by the House that the Rules of the House for 1958, regular session, be amended in the following particulars:
1. Amend Rule 40, line 10 by adding after the word "House" the following:
"which request must be made within a period of 24 hours following the unfavorable committee report;"
2. Amend Rule 46 by adding the following at the end thereof: "Whenever any Bill or Resolution having the force and effect of law is filed in accordance with Rule 46, and read the first time on the succeeding day, said Bill or Resolution, as a matter of course, shall automatically be passed to a 2nd reading on the legislative day following the first reading . . . any other pro visions of these rules to the contrary notwithstanding."
By unanimous consent, the following Bill of the Senate was recommitted to the Committee on General Judiciary:
SB 33. By Senators Trotter of the 37th and Langdale of the 6th:
A Bill to be entitled an Act to amend Code Section 49-604 relating to the examination of the capacity of a ward to manage his estate; and for other purposes.
By unanimous consent, the following Bills of the House and Senate were recommitted to the Committee on State of Republic:
MONDAY, JANUARY 13, 1958
13
SB 44. By Senator Butts of the 12th:
A Bill to be entitled an Act to prohibit all interracial dancing, social functions, entertainments, athletic training, games, sports or contests and other such activities; to provide penalties for violation thereof; and for other purposes.
HB 133. By Messrs. Hawkins of Screven, Moate of Hancock and Jessup of Bleckley:
A Bill to be entitled an Act to amend an Act known as the "Uniform Act Regulating Traffic on Highways"; and for other purposes.
Mr. Bodenhamer of Tift requested that the following Bills of the House be placed on the calendar for the purpose of considering the unfavorable report of the committee:
HB 54. By Mr. Bodenhamer 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.
HB 55. By Mr. Bodenhamer of Tift:
A Bill to be entitled an Act to repeal an Act to provide for the manner in which licenses granted by the State of Georgia, or by any other duly authorized licensing authority, authorizing the manufacture of malt beverages may be revoked and renewed; and for other purposes.
HB 56. By Mr. Bodenhamer of Tift:
A Bill to be entitled an Act to amend an Act relating to license and excise tax upon the business of dealing in malt beverages; and for other purposes.
HB 57. By Mr. Bodenhamer of Tift:
A Bill to be entitled an Act to prohibit the advertisement of spirituous liquors or distilled spirits; 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 80. By Senator Peyton S. Hawes of the 30th:
A Resolution that the secretary of the Senate be instructed to notify the House of Representatives that the Senate has convened and or ganized for the regular 1958 session and is ready for the transaction of business.
By unanimous consent, the following Bill of the House was withdrawn from further consideration of the House:
14
JOURNAL OF THE HOUSE,
HB 269. By Messrs. Pickett of Polk, Jones of Lumpkin, Scoggin of Floyd and many others:
A Bill to be entitled an Act to provide for the regulation of motor vehicle retail installment transactions; and for other purposes.
Mr. Hawkins of Screven moved that the House do now adjourn until 11:00 o'clock A. M., tomorrow morning, and the motion prevailed.
The Speaker announced the House adjourned until 11:00 o'clock tomorrow morning.
TUESDAY, JANUARY 14, 1958
15
Representative Hall, Atlanta, Georgia Tuesday, January 14, 1958.
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.
The roll was called and the following members answered to their names:
Adams Alien Bagby Ballard Barber Barrett Baughman Birdsong Black Blalock of Coweta Blalock of Clayton Bodenhamer Boggs Bolton Brackin Bradley Brennan Brooks of Oglethorpe Brooks of Fulton Broome Budd Busbee Cagle Caldwell Callier Carlisle Carr Carswell Carter Chastain Cheatham Cheek Cloud Coalson Cocke Cowart Denmark Dorminy Echols Elder Ellis Eyler Fellows Floyd Flynt
Fordham Fowler of Douglas Fowler of Treutlen
Frazier Freeman Fuqua Gowen Greene of Bartow Griffith Grimsley Gross of Stephens Gross of Dade Gunter Hall of Lee Hardaway Harper Harrison Hawkins Helms Henderson Hendrix Hill Hodges of Ware Hodges of Butts Hogan Holcombe Holley Holloway Huddleston Hurst Ingle Irvin Jessup Johnson Jones of Wayne Jones of Worth Jones of Lumpkin Jones of Baker Jones of Laurens Jones of Sumter Jones of Crawford Kelley Kennedy Key Kidd
Killian Kimmons King Lam Lancaster Land Lanier Larkins Lee Lindsey Lokey Long Lott Mackay Mann Martin Matthews Miles Miller of Twiggs Miller of Elbert Mobley Moorman Morris Moss Mull Murphy Murr Musgrove McClelland McGibony McKenna McWhorter Neese Nichols Nilan Odom Orr Overby Palmer Parker of Pike Parker of Ware Payton Pelham Perkins Perry
16
JOURNAL OF THE HOUSE,
Peters Pettey Phillips of Columbia Phillips of Walton Pickard Pickett Ramsey Raulerson Ray Reed
Roberts Rodgers of Charlton Rogers of Heard Ross Roughton Russell Scoggin
Sheffield Singer Sivell Smith of Porsyth Smith of Emanuel Smith of Lamar Smith of Whitfield Souter Stephens Story
Summers Tabb Tamplin Tarpley Todd Truelove Twitty
Underwood Veal Walker of Lowndes Walker of Telfair Watson Weems Wells White Willingham Willis
Wilson Winkle Wooten Wright of Floyd Wright of Dodge Yandle Young
Mr. Black of Webster, Chairman of the Committee on Auditing, Enrolling and Engrossing, Journals, reported that the Journal of yesterday's proceedings had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions.
2. First reading and reference of House Bills and Resolutions.
3. Reports of Standing Committees.
4. Second reading of Bills and Resolutions, favorably reported.
5. Third reading and passage of local 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 introduced, read the first time and referred to the Committees:
HB 626. By Mr. Russell of Barrow: A Bill to be entitled an Act to amend an Act relating to motor vehicle licenses, so as to change the fees for the licensing of the operation of vehicles; and for other purposes.
Referred to the Committee on Ways and Means.
TUESDAY, JANUARY 14, 1958
17
HB 627. By Mr. Carter of Hart:
A Bill to be entitled an Act to prohibit coin operated amusement machines or devices commonly known as "pin ball machines" outside the corporate limits of any municipality in any county upon the recommendation of two successive grand juries; and for other purposes.
Referred to the Committee on Temperance.
HB 628. By Messrs. McKenna of Bibb, Orr of Wilkes, Carlisle and Witeon of Bibb:
A Bill to be entitled an Act to repeal an Act entitled "An Act to amend an Act creating the Department of Public Safety", so as to prohibit the operating of motor driven cycles (as defined), not to exceed 5 brake H. P. without a driver's license; and for other purposes.
Referred to the Committee on Motor Vehicle.
HB 629. By Messrs. Hawkins of Screven, Moate of Hancock and Twitty of Mitchell:
A Bill to be entitled an Act to repeal an Act creating the State Depository Board; to transfer all powers and duties of said Board to the State Treasurer; and for other purposes.
Referred to the Committee on State of Republic.
HB 630. By Mr. Adams of Evans:
A Bill to be entitled an Act to amend an Act entitled "An Act to authorize and direct the proper authorities of the County of Evans, to pay the sum of Fifty Dollars monthly to the Ordinary of said County; and for other purposes.
Referred to the Committee on Local Affairs.
HB 631. By Mr. Hall of Lee:
A Bill to be entitled an Act to provide that the Ordinary of Lee County shall receive, in addition to fees received by law, supplemental com pensation in the form of a monthly salary to be fixed by the Board of Commissioners of Roads and Revenues for Lee County, in an amount not less than fifty dollars and not more than one hundred dollars per month; and for other purposes.
Referred to the Committee on Local Affairs.
HB 632. By Mr. Hall of Lee:
A Bill to be entitled an Act to amend an Act establishing a City Court of Leesburg, so as to delete therefrom the requirements that the Judge and Solicitor of said court have any stated number of years of experi ence; and for other purposes.
Referred to the Committee on Local Affairs.
18
JOURNAL OF THE HOUSE,
HB 633. By Mr. Phillips of Walton:
A Bill to be entitled an Act to amend an Act creating a Board of Commissioners of Roads and Revenues of Walton County, so as to change the compensation of the Chairman and members of the Board of Commissioners; and for other purposes.
Referred to the Committee on Local Affairs.
HB 634. By Messrs. Twitty and Palmer of Mitchell:
A Bill to be entitled an Act to amend an Act entitled "An Act tc provide for a County Board of Commissioners for the County oi Mitchell, so as to change the compensation to be paid the Commis sioners"; and for other purposes.
Referred to the Committee on Local Affairs.
HB 635. By Messrs. Brennan, Cheatham and Eyler of Chatham:
A Bill to be entitled an Act to carry into effect an amendment to the Constitution relating to the authority of Chatham Couny to construct and maintain streets, sidewalks and curbing, and to levy assessments therefor; and for other purposes.
Referred to the Committee on Local Affairs.
HR 243-635a. By Mr. Phillips of Walton:
A Resolution authorizing the Georgia Forestry Commission to pay compensation to Mr. W. Guy Pannell for damages to his crops caused by chemicals being sprayed on adjoining lands; and for other purposes.
Referred to the Committee on Appropriations.
HR 244-635b. By Mr. Cocke of Terrell: A Resolution to compensate J. W. Cole; and for other purposes.
Referred to the Committee on Appropriations.
HR 245-635c. By Mr. Rogers of Heard: A Resolution to name the bridge over the Chattahoochee River on State Route 109, Troup County, Georgia between LaGrange, Georgia anc Roanoke, Alabama, for Frank G. Birdsong; and for other purposes.
Referred to the Committee on State of Republic.
HB 636. By Messrs. Willingham, Reed and Holcombe of Cobb:
A Bill to be entitled an Act to create the Cobb County Recreation Authority and to authorize such authority to acquire, construct, equip, maintain and operate a recreational center; and for other purposes.
Referred to the Committee on Local Affairs.
HB 637. By Messrs. Willingham, Reed and Holcombe of Cobb:
A Bill to be entitled an Act creating a new charter for the City of
TUESDAY, JANUARY 14, 1958
19
Smyrna, so as to increase the corporate limits of the City of Smyrna; and for other purposes.
Referred to the Committee on Local Affairs.
HR 246. By Mr. Carlisle of Bibb:
A Resolution providing for study of needs and proposals for increasing educational advantages for gifted children in the public school system of Georgia; and for other purposes.
Referred to the Committee on Judiciary.
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 239. By Mr. Hawkins of Screven:
A Resolution appointing a Joint Committee of 5, three from the House of Representatives and two from the Senate, to notify his Excellency, the Governor, that the General Assembly has convened in regular session in accordance with the law, and is not ready for the transaction of business.
HR 240. By Mr. Hawkins of Screven:
A Resolution providing for a joint session of the House of Repre sentatives and Senate for the purpose of hearing a message from his Excellency, Governor S. Marvin Griffin and providing for an escort committee.
The President has appointed as a committee of escort on the part of the Senate the following:
Senators Roper of the 41st and Holder of the 48th.
The following Resolutions of the House were read and adopted:
HR 247. By Mr. Black of Webster:
A RESOLUTION
BE IT RESOLVED that HR 4 of the 1957 Session be amended in the following particular:
That the paragraph marked "Second" be amended by changing the figure "4" to "5" so that it shall read as follows: That the Speaker of the House of Representatives be authorized to appoint 5 Assistants to the Speaker.
HR 248. By Messrs. Ployd of Chattooga, Ingle of Gordon, McKenna of Bibb and many others:
20
JOURNAL OF THE HOUSE,
A RESOLUTION
Inviting Honorable Richard L. Rouderbush to address a joint ses sion of the General Assembly; and for other purposes.
WHEREAS, Honorable Richard L. Rouderbush, National Commander-in-Chief of the Veterans of Foreign Wars, is one of the out standing citizens of the United States and has achieved a record of enviable accomplishments, and
WHEREAS, it would be of great benefit of 'the members of the General Assembly to hear an address by Mr. Rouderbush,
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that Honorable Richard L. Rouderbush is hereby extended an invitation to address a joint session of the House and Senate at 11:30 a. m. on January 20, 1958.
BE IT FURTHER RESOLVED that the Lieutenant Governor and the Speaker of the House are hereby authorized to make whatever arrangements are necessary relative thereto.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a copy of this resolution to Mr. Rouder bush.
HR 249. By Mr. Roughton of Washington:
A RESOLUTION
WHEREAS, the AMERICAN MERCURY MAGAZINE in its cur rent issue has featured a story about The Honorable Herman E. Talmadge, the Junior United States Senator from Georgia, and now recognized as "the new voice of the South," and also placed his picture on the front cover of the magazine.
and, WHEREAS, the Georgia Highway Express, Incorporated, through its generosity has made copies of said magazine available to all the members of the General Assembly.
BE IT RESOLVED the House go on record as thanking the Ameri can Mercury Magazine and commend them for their quick insight to discover those qualities of leadership and statesmanship possessed by our Junior Senator which we in Georgia have long recognized.
BE IT FURTHER RESOLVED that we thank the management of the Georgia Highway Express, Incorporated, for their thoughtfulness in furnishing us with copies of the current issue of the American Mercury Magazine.
BE IT FURTHER RESOLVED that copies of this Resolution be mailed to the American Mercury Publishing Company, the Georgia Highway Express, Incorporated, and the Honorable Herman E. Talmadge.
HR 250. By Messrs. Hawkins of Screven, Kidd and Griffith of Baldwin:
A RESOLUTION
Extending an invitation to the Hon. Marcus Bartlett, General Manager of WSB TV, for the purpose of showing the members of
TUESDAY, JANUARY 14, 1958
21
the House of Representatives a documentary film of the Milledgeville State Hospital, made by the Hon. Marcus Bartlett.
By unanimous consent, the following Committee Report was submitted and read:
Mr. Hawkins of Screven 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 Vice-Chairman, to report the same back to the House with the following recommendations:
HR 242. Do Pass as amended.
Respectfully submitted,
Hawkins of Screven, Vice-Chairman.
By unanimous consent, the following Bill of the House was recommitted to the Committee on State of Republic:
HB 280. By Messrs. Bodenhamer of Tift, Veal of Putnam, Short and Newton of Colquitt and others:
A Bill to be entitled an Act to create a State Board of Watchmaking; 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 170-529a. By Mr. Land of Wilkinson:
A Resolution to compensate E. Frank Hancock; and for other pur poses.
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 160, nays 0.
The Resolution, having received the requisite constitutional majority, 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.
22
JOURNAL OP THE HOUSE,
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, MEM BERS OF THE SENATE AND THE HOUSE OF REPRESENTA TIVES AND MY FELLOW GEORGIANS:
Another year has passed since we last met to review the steady and genuine progress the State of Georgia is making and to take a comprehensive look at the future with both its problems and its oppor tunities.
In this annual "State of the State" message I am happy to reveal that our rate of improvement and expansion has been accelerated during the last twelve months.
For the past three years, with the help of a cooperative and farseeing General Assembly and with the support and the confidence of the masses of the people of Georgia, our state has made unprecedented progress in all fields of endeavor.
As we approach the last year in my term of office as your Chief Executive, let me express my deep appreciation to each of you for your sincerity of purpose, your loyalty to Georgia and her great insti tutions and for the hours of labor which you expended unselfishly to promote progress and to develop our state's resources.
I envision this year to be Georgia's greatest year of advancement in her history.
All services of government are being carried on without inter ruption.
Expansions have been made in the fields of education, highways, public health and public welfare. Industrial development has reached a new and an all-time high in our state.
More consideration has been given to providing parks and adequate recreational facilities. Thousands of acres in new recreational areas have been created due to the construction of multi-purpose dams in Georgia by the Corps of Engineers, U. S. Army. These areas are being developed and improved for the enjoyment of Georgians as well as for attractions to tourists who are coming into our state in increasing numbers.
More emphasis has been placed on public safety.
The financial condition of your state government is sound. Georgia today is both solvent and sovereign and will remain so throughout my term as Governor.
There is a comfortable reserve in the state treasury to guarantee continued expansion of essential services. This reserve will not be dissipated but will be kept for a "rainy day".
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23
I have called upon all department heads in state government to economize in every way possible without diminishing essential services, and I also call upon the distinguished members of the General Assembly to help me "hold the line" on all fronts, bearing in mind that as Georgia grows in population and in wealth so must our schools, our highways, our eleemosynary institutions, our public health services and the re sponsibility that we owe the unfortunate in this state.
We must exercise every economy in state government, but a prudent administration of government must not overlook good sound business which may require some capital outlay to bring future benefits. To do so would be like disposing of seed corn on the farm.
I do not advocate any additional or new taxes for the remainder of my term of office, nor do I believe that the demands upon state government will permit a reduction in any existing revenue laws.
In conformity with the law, I shall address this distinguished body at a later date and make budget recommendations.
EDUCATION
In the field of education, this General Assembly and this admin istration can stand with pride on a progressive record of achievement. This is true in our common schools as well as in the University System.
However, I call to your attention the challenges of a dynamic new era--a scientific era where the frontiers extend infinitely.
For instance, the predictable future for application of nuclear energy already is so large in scope that it staggers the imagination.
We are meeting this challenge in Georgia today.
Since this body met last year, we have made two great steps forward which are certain to rebound to the advantage of all our people in the near future.
One was the establishment of a nuclear energy research program which includes the construction of a nuclear reactor at Georgia Tech.
This entire program will represent a present investment of about 5% million dollars. It was my pleasure to allocate $2,500,000 for this Research Reactor facility with the understanding that a similar amount will be forthcoming from Federal government and other sources.
The state also supplied an isotopes laboratory costing about $300,000, also located at Georgia Tech.
This investment in nuclear science and engineering, specifically in research and education centered about a modern research facility, will pay large dividends to the State of Georgia and to the South.
Support of the nuclear energy program of education and research will permit the Georgia Institute of Technology to move toward an even higher position of leadership in the nation.
SCIENCE CENTER The other program expected to bring benefits to every Georgia
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citizen in the future is the gigantic $12,000,000 Science Center now being constructed at the University of Georgia in Athens.
This is the most ambitious building plan ever undertaken by the University in its long and distinguished history.
Recent allocation of almost $3,000,000 to this activity, which was made by me from contingent funds, makes a total of almost $8,000,000 made available for this purpose from these funds since 1956.
Combined with $3,750,000 provided by the Board of Regents, we find we have made available nearly $12,000,000 for this mighty project.
This Science Center, the finest of its kind in the nation, will house in one location, the University's work in the all-important scientific fields of chemistry, biology, geography and geology, animal sciences, physics and food technology plus facilities to provide for extensive nuclear research.
The new center is another step forward in our efforts to provide for our young people the very best in educational opportunity.
This is being done at a time when more and more emphasis is being placed upon the importance of the various sciences, making it almost mandatory that our future leaders be well prepared in this vital field.
In scientific research, we have been doing in Georgia for the past several years what the Federal Government should have been doing five years ago.
Much valuable information which aided in the inauguration of these two magnificent scientific programs came from the Southern Regional Education Board which has headquarters in Georgia and for which it was my pleasure to allocate $250,000 for the construction of an office building for the organization, this cost to be refunded to the State over a 25 year period.
EDUCATIONAL PROGRESS
Educators, teachers and laymen alike agree that progress has been phenomenal in the field of education since this administration came into office.
People are amazed and proud when they drive through the 159 counties of this state and see the many new modern schools that have been built to house our children. And with the raises in salaries there is a diminishing number of our teachers looking to other fields and other locations for employment.
The appropriation for common school and higher education has increased from $116,524,738.72 in 1954-55 to $156,210,000 in 1957-58, or almost $40,000,000 more than any year before this administration came into office.
Out of every dollar that comes in from revenue, 53^ is used for education--a larger percentage than any other state in the nation.
COMMON SCHOOL EDUCATION
The number of children attending schools in Georgia is increasing at a rate of 30,000 each year. Today there are nearly a million children
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25
enrolled in our public schools. This factor has necessitated hiring addi tional teachers, constructing new buildings and improving existing facilities.
Since January 11, 1955, new school projects have been completed, authorized, let to contract or placed under construction in almost all of the 200 county and independent school systems. We have added 1,748 new teachers to our county and city systems and plans are under way to add 1,000 more before the school year begins in 1958.
EXPANDED PROGRAMS
During this administration teachers have received a total of $500 a year each in across-the-board salary raises. This money increased the average salary of teachers from $2,888 in 1954-55 to $3,450 in the present fiscal year.
Since this administration started, 629 new school busses have been added, bringing the total to 4,874 now in operation serving 410,500 children.
A comprehensive and efficient program of distributing textbooks on a state level has been maintained efficiently and economically.
More than $100,000 additional money has been provided for modern school libraries.
The state allocation for vocational education has increased from $1,788,000 in 1955 to $3,567,000 last year.
Expansions and improvements have been made at the trade schools located at Clarkesville and Americus costing an additional outlay of $1,270,000.
In the vocational rehabilitation program, Georgia now leads the entire nation.
SCHOOL BUILDING PROGRAM
The State School Building Authority, which was set up in 1951, has been making a steady advance throughout this administration.
Prom January 1955, to July 1957, there were 314 new school plants completed and an astounding total of 6,527 classrooms added to our school systems. Also, there have been 363 additions and remodeling projects completed during the same period. These needed plants and additions were financed through the Building Authority by four bond issues totaling $157,909,000.
NEGRO EDUCATION
The need for improving Negro educational facilities was a matter of immediate concern when this administration came into office. Many negro children were attending one-room school houses and some of these schools had been condemned as fire hazards.
Since January, 1955, 169 new schools and 3,447 classrooms have been constructed for Negroes. Plans are now completed for 86 more schools and 1,379 classrooms for Negroes by the end of 1958.
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TOTAL APPROPRIATION INCREASED
The annual state appropriation for common school education has increased from $104,979,418.72 in 1954-55 to $134,610,000 in 1957-58, or almost $30 million dollars more during the first three years of this administration.
TEACHER RETIREMENT
One of the most important contributions of this administration toward teacher retirement is the provision for a minimum monthly pension of $100 for retired teachers with 35 or more years service. This amount doubles the previous minimum pension of $50 per month.
The appropriation for the teacher retirement program is now $7,500,000 compared to $5,232,311.04, in 1954-55.
Another improvement for the teacher retirement system was the Enabling Act which took effect in January 1956, and which provides for social security for school teachers.
UNIVERSITY SYSTEM
According to figures obtained from the office of the Board of Regents, the University System is in better condition than at any previous time in its history.
The state appropriation for colleges and universities has increased from $11,545,320 in 1954-55 to $21,600,000 in 1957-58. In addition, this administration has made available funds totalling $23,289,560 for the erection of buildings and for various improvements within the University System since January, 1955.
The average salary of all faculty members in the University System has increased from $4,624 in 1954-55 to $5,538 in 1957-58. The minimum salary has increased from $2,600 to $3,200 and the maximum is now $11,000 as compared to $9,230 in 1954-55. This increase has resulted in a marked improvement in the morale of faculty members.
NEGRO FACILITIES IMPROVED
This administration has made a concentrated effort to provide equal educational opportunities for all of our Negro citizens. Since January 1955, twelve buildings have been constructed or planned for construction at our three negro colleges at a total cost of $3,935,605.
According to University officials the programs of work in the institutions for Negroes are now broader in scope and better in quality than at any time in the state's history.
This genuine progress in education is an indication that we are providing all our children adequate tools to work with, but we certainly cannot stop here.
We must make even greater provisions for future generations in order that we can continue to provide "quality education" for our leaders of tomorrow, and I assure you that these advancements in the field of education will continue as long as I am your Governor.
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PUBLIC HEALTH PROGRESS
In our public health department we have made notable advances particularly in the continuation of the hospital and health center con struction program under the Hill-Burton Act in cooperation with the Federal and local governments.
The Hill-Burton Program for hospital construction originally was set up as a five year project in 1947. Since 1952, it has been extended two years at a time. In 1954, Congress included an additional provision which authorized construction of Diagnostic and Treatment Centers, Nursing Homes, Chronic Disease Facilities and Rehabilitation Centers.
NEW HOSPITALS
Since January 1955, there have been 18 new hospitals completed, placed under construction or approved at a total cost of $17,610,741.97 in State, Federal and local funds. Also, additions and alterations to existing hospitals have been completed, placed under construction or approved for a total cost of $18,573,720.89. These new hospitals, addi tions and alterations have added to our hospital system a total of 2,087 beds.
HEALTH CENTERS
Seventy-two health centers have been constructed in Georgia since the program was initiated in 1947. Fourteen of these have been com pleted since January 1955, thirteen are under construction and six additions are being made to existing centers.
In addition to the centers, a nursing home at Moultrie, rehabilita tion centers at Savannah and Warm Springs, diagnostic and treatment centers at Emory University and Albany, and a chronic disease hospital at Marietta have been approved or placed under construction since January 1955.
The total construction program since January 1955, amounts to $42,728,592.69 and embraces 72 projects which have been completed, placed under construction or approved.
MENTAL HEALTH
Gratifying advancement and improvement has been made in the important established programs of the health department including venereal disease, heart disease, cancer and mental health.
In May, 1957, this administration allocated $75,000 a quarter to begin a screening and short-term treatment program for the mentally ill of moderate means to relieve the patient load at Milledgeville State Hospital.
HIGHWAY ACTIVITIES
This administration, aware of the ever increasing demand for more and better roads, has embarked on a program of highway expansion and improvement never before equalled in this state.
INCREASED APPROPRIATION
The state appropriation for the Highway Department has ad vanced from $55,738,883.91 in 1954-55 to $70,112,014.10 in 1957-58. The
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total program for all phases of the Highway Department, including federal and state funds has increased from $69,153,182.91 in 1954-55 to $129,448,918.10 in 1957-58. The vast increase is due to the additional federal funds and state matching funds under the 1956 Federal-Aid Highway Act.
RURAL ROADS AUTHORITY
Realizing the growing need for improved roads in our rural areas, the 1955 Legislature, on my recommendation, enacted the Rural Roads Authority.
The program was swiftly put into operation. By July, 1955, the first bond increment was set up to finance $14,500,000.00 for roads in 123 counties. In March, 1956, an additional $15,500,000.00 was set up for road construction in 114 counties. In December, 1956, an addi tional $17,500,000.00 was authorized by proclamation to cover the third bond increment which involved 120 counties. The fourth bond increment for $17,500,000.00 was sold in July, 1957, involving 121 counties. The amount of the four bond increments totals $65,000,000.00 for 3,124 miles of roads in all 159 counties in Georgia.
Bonds for the fifth increment in the amount of $17,500,000 will be validated this week.
The entire Rural Roads Program, involving $100,000,000.00 for rural roads construction is scheduled for completion by the end of 1958.
INTERSTATE SYSTEM
The 1956 Federal-Aid Highway Act launched the biggest road building program in the nation's history. This colossal $50 billion project, slated for completion in 13 years, calls for the construction of 41,000 miles of superhighways in the nation.
Georgia's share of these express-type highways will total 1,171 miles, and will be financed on a 10% state and 90% Federal matching basis.
Engineers estimate that it will take almost one billion dollars to complete this network of modern highways in Georgia.
PRIMARY, SECONDARY AND URBAN ROADS
This same Act calls for the expansion and improvement of our system of primary, secondary and urban roads. State matching funds, on a 50-50 basis, are being provided to take advantage of this phase of the program.
ENTIRE PROGRAM
State and Federal funds for the entire Federal-Aid Program amounted to $40,000,000.00 in 1956, increased to $71,000,000.00 in 1957, and will reach $83,250,000.00 in 1958 and $92,178,000.00 in 1059. It is expected that the program will be stabilized at $100 million annually in 1960 and remain at that figure until the program is completed.
STATE-AID PROGRAM
The State-Aid Program covers projects such as post roads and farm-to-market roads which are financed by 100 per cent state f'linds.
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Since January, 1955 funds totalling $24,169,516.90 have been spent to build some 3,000 miles of roads under this program.
MAINTENANCE
Maintenance of the State Highway System is one of the biggest jobs performed by the Highway Department. In 1956-57, state funds amounted to $11,298,000.00 for this operation. Since January, 1955, there have been approximately 270 miles of pavement widened, 1,450 miles of roads resurfaced and 212 miles of roads repaired.
BRIDGE BUILDING AUTHORITY
A total of 208 bridges, which were authorized under the original $30 million program of the State Bridge Building Authority, have been completed during this administration. In addition to this, 47 bridges located in 29 counties have been let to contract under this Authority since January, 1955.
WELFARE DEPARTMENT
In the Public Welfare Department we have made steady advance ments, both in the expansion of benefits and in the construction of new buildings and additions in our important state institutions.
MORE MATCHING FUNDS
During the first fiscal year of this administration, 1955-56, more funds were available to match Federal funds and the Welfare Program swelled to an all-time high of $65,084,990.31. In 1957-58, it rose to a sum of $74,413,000, with the State providing a record $19,000,000. This compares to a total program of $62,247,685.98 in 1954-55.
INCREASING ENROLLMENT
The number of persons receiving welfare aid has increased from 148,645 in 1954-55 to almost 157,000 last year. The average monthly payments for aid to the disabled, old age assistance, aid to the blind and aid to dependent or crippled children has seen a substantial in crease in the last three years.
MILLEDGEVILLE STATE .HOSPITAL
The state appropriation for operating Milledgeville State Hospital has increased from $7,943,548.52 in 1954-55 to over $9,900,000.00 in 1957-58. Numerous improvements have been made at the hospital during this administration. Construction projects totaling $3,620,000 have been placed under construction or approved since January, 1955.
SCHOOL FOR MENTAL DEFECTIVES
Special attention has been given to expanding and improving the Training School for Mental Defectives at Gracewood.
Since January, 1955, a total of $2,608,500 has been provided for construction projects at this institution. These projects include an activities building, eight dormitories, a hospital building, warehouses,
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two infirmary buildings and improvements to the general plant such as equipment, farm improvements, water system extension and others.
The appropriation for Gracewood has increased from $738,578.55 in 1954-55 to over $1,000,000.00 in 1957-58.
Many needed improvements have been made at other institutions. The Factory for the Blind in Atlanta which was destroyed by fire has been rebuilt. New buildings and substantial additions have been pro vided at the Training School for Boys at Milledgeville and the Training School for Girls at Adamsville.
SCHOOL FOR NEGRO CHILDREN
Realizing the need for an institution for mentally defective Negro children, the 1956 General Assembly enacted a law providing $500,000 for this purpose.
ADVANCEMENT IN AGRICULTURE
During this administration we have made steady and sustained progress in our general programs of agriculture for the benefit of the farmers of our state.
One of the outstanding achievements we have made for the benefit of the farmers of Georgia was the installation of a series of agricultural research programs.
The first of these will make possible the construction of a swine strain testing laboratory at the Coastal Plains Experiment Station at Tifton. Another is the erection of a swine nutrition laboratory at the same location. A Rural Arts Building is to be constructed at Abraham Baldwin Agricultural College at Tifton. A beef sire testing laboratory is to be built.
These agencies are designed, in part, to promote betterment of the swine industry, the gross returns of which amount to that of beef cattle and dairy cattle combined.
We furnished funds to eradicate the deadly fire ant in Georgia.
A far-reaching program to eradicate Bangs disease in cattle was launched.
Additional facilities have been furnished to combat various diseases of poultry.
We have installed and put into operation a modern Cobalt irradi ation machine at the State College of Agriculture at Athens. This machine is designed to open new vistas in plant breeding.
Expenditures for these programs will amount to about half a mil lion dollars and there is no better way in which this money could be spent.
MARKET IMPROVEMENTS
Since January 1955, great emphasis has been placed on improving the physical facilities of the State Farmers Markets throughout Georgia.
One of the laregst undertakings in the history of Georgia Agri culture is the construction of the new Atlanta Farmers Market. This
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market, which embraces some 146 acres on U. S. Highway 41 South of Atlanta, will cost over $10,000,000 and when completed this year, will
be one of the finest of its kind in the world.
EXTENSION SERVICE
In recent years both the state and federal government have become increasingly aware of the value of the Extension Service Program and the need for expanding this work. During this administration, both State and Federal funds for this program have increased from $2,038,267 to $3,146,000.
In addition, we have allocated $400,000 for the Rock Eagle 4-H Club Center and $200,000 for the Negro 4-H Club Center in Dublin. We have cooperated to the fullest extent with all major 4-H Club and Future Farmers of America programs.
VOCATIONAL AGRICULTURE
Georgia's program of Vocational Agriculture is the largest in the nation. During this administration the enrollment in this field of study has increased by 9,273 persons.
PUBLIC SAFETY
Safety on our public roads and highways has been one of our pri mary concerns. A conscientious and determined effort has been made to cut down the number of traffic deaths in Georgia.
We have added 100 additional State troopers since this administra tion came into office, in a determined effort to reduce the tragic death toll upon Georgia's roads.
DEATH DECREASED
Our program of intensified enforcement is paying off in preventing deaths on our highways.
In the year 1957, total deaths on the highways amounted to 984 which has 154 less than the 1,138 deaths reported in 1956. These figures show that our improved facilities and enlarged patrol accomplished substantial results in reducing the death toll on our highways by a record 14% last year, which is one of the largest reduction percentages in the nation.
The appropriation for this department has almost doubled during the last three years--increasing from $2,444,000 in 1954-55 to $4,100,000 for 1956-57. A new headquarters was dedicated in February of last year costing nearly a million and a half dollars, which included a new crime laboratory that is the finest of its kind in the nation.
FORESTRY
Georgia's largest and one of the most valuable natural resources is her 24 million acres of forest lands.
Production of forest industries, forest employment and the market ing of forest products and related industries account for more than
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$750 million a year of the state's annual income. Some 200,000 Georgians are directly employed in the more than 3,000 wood-using industries throughout the state.
LEADS THE SOUTH AND NATION
Georgia leads the South in pulpwood production, harvesting in excess of three million cords annually. South Georgia is the world's naval stores capital. And Georgia stands first in the nation in the amount of forest acreage under organized protection.
Symbolic of the genuine progress made in Georgia's rapidly ex panding forestry program is the national award which Georgia received last month from the United States Forest Service that named Georgia the "number one" state in the entire nation in the production of pine seedlings. In recognition of this distinct honor, the "billionth" pine seedling was awarded to Georgia by the government and was planted just prior to Christmas at Macon.
The seedling production of the Forestry Department has been doubled during this administration and production at the State's six seedling nurseries produced well over 175 million seedlings last year and the Forestry Department is preparing to plant 300 million trees in 1958.
More than $1,000,000 was made available for construction of a new State Headquarters near Macon. The fire protection program has been extended to 147 counties and has been offered to the remaining 12 counties. More fire towers, fire fighting vehicles and radio units as well as more employees have been added.
PARKS AND RECREATION
Ten State parks have been established during this administration, and Georgia now has more state parks than any state in the Southeast, with a total of 41.
Titles to all state park property have been cleared and many im provements have been added to all parks, $334,000 additional funds having been furnished since January, 1955.
GAME AND FISH COMMISSION
Many improvements have been made in the State Game and Fish Department during this administration and new and expanded services have been added. During last year the sale of hunting and fishing li censes reached the one-millionth mark for the first time. Revenue from such sales have virtually doubled during the past three years.
Two new fish hatcheries have been added and the work of stocking the many lakes and private ponds of the state has shown steady progress. Notable strides have been made in game management.
The department has shown special cooperation with industries of Georgia in conserving wildlife resources.
CORRECTIONS Today, Georgia's penal system is looked upon as one of the best
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and most efficient in the nation because of the many improvements we have made.
There are now 15 state-operated prison units in Georgia. Seven of these were constructed since January, 1955, at a cost of $420,000.
In addition to these newly constructed units, many of the other units have been renovated and plans are under way to construct several more units by the end of 1958.
STATE WIDE PROBATION PROGRAM INAUGURATED
T
One of the most progressive steps Georgia has inaugurated in the general field of corrections in recent years is the state-wide pro bation program, enacted by the General Assembly during the 1956 session. Prior to that, only five counties in the state operated a pro bation program. Our Pardon and Parole system is today operating at a greater degree of efficiency than ever before in our history.
MILITARY AND CIVIL DEFENSE
The Georgia National Guard now has units located in 66 different communities throughout the state. This compares with 57 communities in December, 1954.
We have added 22 Army and Air National Guard Units since January, 1955. The total strength of our National Guard has increased from 10,297 officers and enlisted men in 1954 to 13,529 in 1957.
CONSTRUCTION PROGRAM
Since the Armory Construction Program began in 1953, there have been 36 armories completed in this state. Thirty-four of these have been completed since January, 1955, and three more are under con struction.
VETERANS SERVICE
We have consistently followed a policy of providing every possible means of support and encouragement for the veterans of this state.
Since January, 1955, Georgia veterans have received benefits total ling $121,804,183. Over $23 million of this amount can be attributed directly to the actions initiated by the State Department of Veterans Service. Records indicate that personnel from this Department have filed 127,815 claims since January, 1955, to obtain benefits for Georgia veterans.
NEW INDUSTRIES
The movement to bring new industries to Georgia and to encourage construction of new factories with local capital has been accelerated during this administration. By invitation, I appeared at important meetings of business leaders held in Pittsburgh, New York, Chicago, Detroit, Cleveland and other cities. On these occasions the vast natural resources and advantages possessed by Georgia for industrial operations were outlined.
As a result of these meetings, the activity to increase the number of new industries was greatly stimulated.
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In 1957, Georgians maintained her position as one of the two or three top industry-gaining states of the nation.
During the year, Georgia added more than 200 new manufacturing firms. These plants, large and small, represent investment of approxi mately $165,000,000 in new capital. They provide some 7,200 new, regu lar jobs for workers. There aggregate annual payroll amounts to about $21,000,000.
In addition, more than 100 established manufacturers announced plant expansions and the installation of new machinery or equipment. The cost of these enlargements and improvements easily totals $75,000,000 and each and every one of them represents an increase in the number of gainfully employed workers.
RECOMMENDATIONS
To promote future progress in our state, to develop further our great resources, to assume the responsibility which rests upon our shoulders in this generation, and to provide for the general welfare of all Georgians, I submit for your thoughtful and careful consideration the following recommendations:
I. RURAL ROADS. I recommend that the total capitalization available for rural roads construction be increased by 50 million dollars. This will make these valuable roads available to many additional areas which badly need them. It also means that the present program of rural road construction throughout the State can be carried on in the future without any serious curtailment.
II. STONE MOUNTAIN. I am convinced that the purchase of Stone Mountain and adjacent property by the State, and completion of the Confederate Memorial by a competent authority will be of ever lasting benefit to the present generation and all future citizens of this State, and the entire Southland.
I recommend that this General Assembly authorize and direct that the Stone Mountain property be purchased by the State immediately for public use, and that if necessary, the right of eminent domain be exercised.
III. ELECTION LAWS. To maintain the high standards of re quirements for voting in Georgia's elections, I recommend that you give careful consideration to the report of the Election Law Study Committee of this General Assembly.
IV. MENTAL HEALTH. A Joint Committee of this General As sembly has been working diligently for several months to prepare im portant and far-reaching recommendations which are designed to bring about sweeping improvements in the field of mental health.
One of the greatest problems facing the people of Georgia and this General Assembly, is the enactment of remedial legislature in this important field of public health. We should strive to make our eleemosy nary institutions centers of treatment and cure instead of looking upon them as merely custodial institutions.
Of the many recommendations that your Mental Health Study Committee has made which affect the field of mental health, I direct your special attention to the recommendations which would provide for
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35
additional psychiatrists in Georgia; which would revamp the present antiquated commitment laws; and which provides that the Division of Mental Health, established by me last year by Executive Order, shall in the future function by law.
I commend the members of the Joint Mental Health Committee for their careful, pain-staking, and time-consuming study of this prob lem. I recommend that you give sympathetic understanding and con sideration to the recommendations of this Joint Committee.
V. MARRIAGE LAW. Georgia does not desire the dubious honor of being called a "Gretna Green" state. This administration has pre pared legislation to prevent "quickie marriages" in our state. I recom mend that you give thoughtful consideration to this proposal when it is presented to you.
VI. PUBLIC SAFETY. While gratifying progress was made in reducing the number of fatalities on Georgia's roads, streets, and high ways, a great deal more must be accomplished in this all-important field. Those who use our streets and roads must have more security against the thoughtless, reckless, and incompetent, vehicle driver. I recommend rigid enforcement of traffic laws and a more uniform method of enforcement. I heartily endorse the recommendation of your Traffic Safety Study Committee that the Department of Public Safety be given the responsibility of administering a driver education program in the schools of Georgia.
The Board of the Department of Public Safety has recommended and I have approved the installation of a longevity pay raise schedule for certain members of the Georgia State Patrol and the Georgia Bureau of Investigation, and I recommend that this Legislature give careful consideration to this measure when it appears before you.
VII. JUVENILE DETENTION HOMES--PROBATION. I recom mend the prompt construction of juvenile detention homes in those areas not now having such facilities, as part of our continuing fight against our ever increasing problem of juvenile delinquency. I further favor the broadening and strengthening of the state-wide probation act, which has been effective in rehabilitating offenders and a strong deterrent to increasing our prison population.
VIII. PORT DEVELOPMENT. Since Georgia is attaining new levels in water transportation benefits both in our Atlantic sea ports and inland waterways, I recommend that the State cooperate in every way possible with the Ports Authority in expanding and broadening the facilities under its jurisdiction. This includes enlargement of facilities at Savannah, increased cooperation for Brunswick, and pre paring means for development on such rivers as have been deepened for successful navigation.
I.. JUNIOR COLLEGE PROGRAM. In order to prepare for the forthcoming increase in student population in our institutions of higher learning, I recommend that this General Assembly give consideration to the proposal to provide for the establishment of intermediate or junior college level institutions in urban areas of the state. The estab lishment of such institutions would provide educational opportunities to countless thousands of Georgia's young people who would not other wise have the benefit of college training.
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X. PEACE OFFICERS BENEFIT FUND. The Act creating the Peace Officers' Annuity and Benefit Fund was passed while I was serving as Lieutenant Governor. It was my privilege to assist in the passage of this legislation and it has always been my desire to assist the peace officers of this State in every way possible.
A joint committee of the House and Senate has made a study of the Annuity and Benefit Fund, and along with a committee of peace offi cers, has recommended some changes in the Act creating the Fund, which wilj go towards making the Fund more actuarially sound.
I wholeheartedly endorse these recommendations as your Governor and as a member of the Board of Commissioners which administers the Fund.
XI. PROVISION FOR AGED AND AGING. Inasmuch as I feel it is incumbent upon this administration to make full utilization of the aged in Georgia, and in an effort to further the study and provide for the welfare of the aged and aging, I recommend that you give con sideration to the establishment of a Gerontology Commission to be estab lished to serve for a period not to exceed two years in order that this social problem can be solved successfully.
SEGREGATION
My friends, we are facing, in the integration fight, one of the most serious situations that has arisen since the foundation of this nation.
It is a matter of satisfaction to all good citizens of Georgia that we have thus far successfully resisted, by legal means, all efforts to integrate the public schools of this State.
Since the illegal decision of the United States Supreme Court was handed down in 1954, there has been nothing but turmoil, storm and strife following in its wake.
We have witnessed the unwise, ill-advised, and precedent-shatter ing decision of the President of this nation to send armed troops of the United States to subdue, with fixed bayonets, a peaceful people living in the capital of Arkansas who passively resisted the attempt now in progress to integrate the Central High School in that city.
The act of sending these troops to Little Rock has been denounced by leading newspapers, magazines, government, state and local offi cials and outstanding thinkers in all parts of this country.
That one act crystallized sentiment in the nation against the efforts of the National Association for the Advancement of Colored People to force social equality between the races on the people of the United States through the aid of brow-beaten "modern Republicans" and fanatically inclined Democrats.
This movement definitely has been cheeked.
It is significant that a rising tide of adverse criticism of the Supreme Court because of the decision in the segregation case and in other recent decisions is rolling over the country.
Among those opposing the usurpation of power by this court are
TUESDAY, JANUARY 14, 1958
37
the American Bar Association, the Attorney Generals Association and other important groups.
The vast majority of the loyal and patriotic citizens of Georgia are backing us in this fight.
We are determined not to accept any usurpation of power reserved to the states of this union and through legal means we will fight this battle with all our resources.
We will not bow the knee to tyranny nor will be submit meekly to the persecutions of a despotic gang of political fortune hunters who seek this power for their own personal advancement.
With stout hearts and resolute unity we will win this struggle in the long run and, God willing, preserve all our traditions of freedom and liberty in our beloved State of Georgia.
Senator Hawes of the 30th moved that the Joint Session of the General Assembly be dissolved and the motion prevailed.
The President of the Senate announced the Joint Session dissolved.
The House was called to order by the Speaker.
The following Resolution of the House was taken up for consideration and read:
HR 242. By Messrs. Moate of Hancock and Hawkins of Screven:
A Resolution amending the House Rules for the 1958 Regular Session; and for other purposes.
The following Committee amendment was read and adopted:
The Committee on Rules moves to amend HR 242 as follows:
By striking paragraph numbered 1 and inserting in lieu thereof the following language, to wit:
1. Amend Rule 40, line 10 by adding after the word "House" the following: "which request must be made not later than the adjournment of the next legislative day following the unfavorable committee report."
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 Bagby Barber Barrett Baughman
Birdsong Black Blalock of Coweta Blalock of Clayton Boggs
Brackin Bradley Brennan Brooks of Oglethorpe Broome
38
JOURNAL OP THE HOUSE,
Budd Burkhalter Busbee Cagle W. Campbell of
Walker Carlisle Carr Carswell Carter Chastain Cheatham Cheek Cloud Cocke Cowart Crummey Denmark Dorminy Echols Elder Ellis Fellows Floyd Flynt Fowler of Douglas Fowler of Treutlen Frazier Freeman Fuqua Gowen Griffith Grimsley
Gross of Stephens
Gunter
Hall of Lee
Hardaway
Harper
Harrison
Hawkins
Helms
Henderson
Hendrix
Hill
Hodges of Ware
Hodges of Butts
Hogan Holcombe Holloway Huddleston Hurst Ingle Irvin Jessup Johnson Jones of Wayne Jones of Worth Jones of Lumpkin Jones of Baker Jones of Laurens Jones of Sumter Jones of Crawford Kelley Key Kidd Kimmons King Lam Lancaster Land Lee Lokey Long Lott Love Mackay Mann Martin Miles
Mobley
Moorman
Morris
Moss
Mull
Murphy
Murr
McClelland
McGibony
Neese
Nichols
Nilan
Odom
Orr Overby Palmer Parker of Pike Parker of Ware Payton Peters Phillips of Columbia Phillips of Walton Pickard Ray Reed Roberts Rodgers of Charlton Rogers of Heard Ross Russell Rutland Scoggin Short Smith of Forsyth Smith of Emanuel Smith of Lamar Smith of Whitfield Souter Story Summers Tabb Tamplin Taylor Twitty Underwood Veal
Walker of Lowndes
Walker of Telfair
Watson
Weems
Wells
White
Willingham
Winkle
Wooten
Wright of Floyd
Yandle
Young-
Those voting in the negative were Messrs.: McKenna, Roughton and Wilson.
On the adoption of the Resolution, as amended, the ayes were 153, nays 3.
The Resolution, having received the requisite majority, was adopted, as amended.
TUESDAY, JANUARY 14, 1958
39
Mr. Hawkins of Screven moved that the House do now adjourn until to morrow morning at 11:00 o'clock, and the motion prevailed.
The Speaker announced the House adjourned until 11:00 o'clock tomorrow morning.
40
JOURNAL OF THE HOUSE,
Representative Hall, Atlanta, Georgia, Wednesday, January 15, 1958.
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.
The roll was called and the following members answered to their names:
Adams Alien Bagby Ballard Barber Barrett Baughman Birdsong Black Blalock of Coweta Blalock of Clayton Bodenhamer
Boggs Bolton Brackin Bradley Brennan Brooks of Oglethorpe Brooks of Fulton Broome Budd Burkhalter Busbee Cagle Caldwell Callier A. Campbell of
Walker W. Campbell of
Walker Carlisle Carr Carswell Carter Chastain Cheatham Cheek Cloud Coalson Cocke Cowart Craven Crummey Denmark Dorminy
Duncan Echols Elder Ellis Eyler Fellows Floyd Flynt Fordham Fowler of Douglas Fowler of Treutlen Frazier Freeman Fuqua Gowen Green of Rabun Greene of Bartow Griffith Grimsley Gross of Stephens Gross of Dade Gunter Hall of Lee Hardaway Harper Harrison Hawkins Helms Henderson Hill Hodges of Ware Hodges of Butts Hogan Holcombe Holley Holloway Huddleston Hurst Ingle Irvin Jessup Johnson Jones of Wayne Jones of Worth Jones of Lumpkin
Jones of Baker Jones of Laurens Jones of Sumter Jones of Crawford Kelley Kennedy Key Kidd Killian Kimmons King Lam Lancaster Land Lanier Larkins Lee Lindsey Lokey Long Lott Love Mackay Mann Martin Matthews Miles Miller of Twiggs Miller of Elbert Moate Mobley Moorman Morris Moss Mull Murphy Murr Musgrove McClelland McCracken McGibony McKenna McWhorter Neese Nichols
WEDNESDAY, JANUARY 15, 1958
41
Nilan Odom Orr Overby Palmer Parker of Pike
Parker of Ware Payton Pelham Perkins Perry Peters Phillips of Columbia Phillips of Walton Pickard Pickett Ramsey Raulerson Ray Reed Roberts Rodgers of Charlton
Ross Roughton Rowland Russell Rutland Scoggin
Sheffield Short Singer Sivell Smith of Forsyth Smith of Emanuel Smith of Lamar Smith of Fulton Smith of Whitfield Souter Stephens Story Summers Tabb Tamplin Tarpley
Taylor Todd Truelove Twitty Underwood Veal
Walker of Lowndes Walker of Telfair Watson Weems Wells White Willingham Willis Wilson Winkle Wooten Wright of Dodge Yandle Young
Mr. Black of Webster, Chairman of the Committes on Auditing, Enrolling and Engrossing, 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.
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.
Under the provisions of House Rule Number 196, Mr. Wilson of Bibb gave notice that at the proper time, he would make a motion instructing the Com mittee on Ways and Means to report the following Bill back to the House:
HB 47. By Messrs. Brooks, McClelland and Smith of Fulton, Blalock of Coweta, Kidd and Griffith of Baldwin and others:
A Bill to be entitled an Act to amend an Act relating to Motor Vehicle
42
JOURNAL OF THE HOUSE,
licenses, so as to decrease the annual fees for the licensing of the operation of passenger vehicles; 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 638. By Messrs. Pickard of Muscogee and Carlisle of Bibb:
A Bill to be entitled an Act to amend an Act pertaining to taxes on the distribution of motor fuel and/or kerosene, so as to provide for a refund of taxes paid on motor fuels used by operators of certain transit systems; and for other purposes.
Referred to the Committee on Industry.
HB 639. By Messrs. Pickard of Muscogee and Carlisle of Bibb:
A Bill to be entitled an Act to amend an Act pertaining to license taxes for motor vehicles, so as to prescribe the license fees for busses operating as part of certain transit systems; and for other purposes.
Referred to the Committee on Industry.
HB 640. By Messrs. Pickard of Muscogee and Carlisle of Bibb:
A Bill to be entitled an Act to ratify, approve and confirm the Execu tive Order of the Governor dated January 3, 1958, suspending the collection of sales and use taxes on passenger fares charged by urban transit systems; and for other purposes.
Referred to the Committee on Industry.
HB 641. By Messrs. Cheatham, Eyler and Brennan of Chatham:
A Bill to be entitled an Act to amend an Act authorizing the govern ing authorities of the several municipalities and counties of this State to establish planning commissions, so as to increase the maximum number of members which may serve on a planning commission; and for other purposes.
Referred to the Committee on Judiciary.
HB 642. By Messrs. Cheatham, Eyler and Brennan of Chatham:
A Bill to be entitled an Act to provide for facsimile signatures of public officials on public securities and instruments of payment; and for other purposes.
Referred to the Committee on Judiciary.
HB 643. By Mr. Sheffield of Brooks:
A Bill to be entitled an Act to authorize the Clerk of the Superior Court of any county, with the approval of the County governing authority, to install and use micro photographic equipment, or other photographic equipment in recording, copying, and furnishing copies
WEDNESDAY, JANUARY 15, 1958
43
of the various instruments, records and proceedings of record or on file in the Clerk's office; and for other purposes.
Referred to the Committee on Judiciary.
HB 644. By Messrs. Kidd and Griffith of Baldwin:
A Bill to be entitled an Act providing a complete and comprehensive Vital Statistics Law for Georgia, so as to increase the compensation of local registrars; and for other purposes.
Referred to the Committee on Hygiene and Sanitation.
HB 645. By Mr. Kidd of Baldwin:
A Bill to be entitled an Act to abolish the terms of office of the mem bers of the county board of tax assessors in certain counties; and for other purposes.
Referred to the Committee on Local Affairs.
HB 646. By Messrs. Kidd and Griffith of Baldwin:
A Bill to be entitled an Act to amend an Act relating to the appoint ment of county police by county commissioners in certain counties; and for other purposes.
Referred to the Committee on Local Affairs.
HB 647. By Messrs. Kidd and Griffith of Baldwin:
A Bill to be entitled an Act to provide in certain counties that any political party holding a primary for the nomination of a candidate for a county office shall require that the nominte receive a majority vote of those persons voting thereon; and for other purposes.
Referred to the Committee on Local Affairs.
HB 648. By Mr. Odom of Camden:
A Bill to be entitled an Act to provide for additional compensation for the Tax Receiver for Camden County; and for other purposes.
Referred to the Committee on Local Affairs.
HB 649. By Mr. Orr of Wilkes:
A Bill to be entitled an Act to amend an Act establishing a Board of Commissioners of Roads and Revenues of Wilkes County, so as to pro vide for the election of four of the members of the Board from Com missioner Districts by the people in lieu of the Grand Jury electing such four members; and for other purposes.
Referred to the Committee on Local Affairs.
HB 650. By Messrs. Mobley and Carswell of Burke: A Bill to be entitled an Act to amend an Act incorporating the City
44
JOURNAL OF THE HOUSE,
of Waynesboro, so as to increase the corporate limits of said city; and for other purposes.
Referred to the Committee on Local Affairs.
HB 651. By Mr. Long of Murray:
A Bill to be entitled an Act to amend an Act creating the Board of Roads and Revenues of Murray County; and for other purposes.
Referred to the Committee on Local Affairs.
HB 652. By Mr. Long of Murray:
A Bill to be entitled an Act to amend the charter of the City of Chatsworth, to provide that the corporate powers of said City shall be vested in and exercised by a mayor and four aldermen; and for other pur poses. Referred to the Committee on Local Affairs.
HB 653. By Messrs. Overby of Hall, Short of Colquitt and Jones of Worth:
A Bill to be entitled an Act to amend an Act defining and regulating the practice of law and prohibiting corporations and persons other than duly licensed attorneys at law from practicing law or performing legal services and prescribing penalties therefor; and for other pur poses.
Referred to the Committee on Judiciary.
HB 654. By Messrs. Holcombe, Reed and Willingham of Cobb:
A Bill to be entitled an Act to amend an Act fixing, establishing and providing a salary for the Solicitor General of the Cobb Judicial Cir cuit; and for other purposes.
Referred to the Committee on Local Affairs.
HB 655. By Messrs. Cloud and Taylor of Decatur:
A Bill to be entitled an Act to amend an Act creating the Department of Natural Resources, so as to authorize the Department of State Parks to purchase and provide uniforms to certain officers; and for other purposes.
Referred to the Committee on Natural Resources.
HB 656. By Messrs. Blalock and Lee of Clayton:
A Bill to be entitled an Act to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Clayton County into the one office of Tax Commissioner of Clayton County; and for other purposes.
Referred to the Committee on Local Affairs.
HB 657. By Messrs. Blalock and Lee of Clayton: A Bill to be entitled an Act to amend an Act placing the Clerk of the
WEDNESDAY, JANUARY 15, 1958
45
Superior Court and the Sheriff of Clayton County on a salary basis in lieu of a fee basis; and for other purposes.
Referred to the Committee on Local Affairs.
HB 658. By Mr. Musgrove of Clinch:
A Bill to be entitled an Act to amend an Act creating and establishing the County Court of Clinch in and for the County of Clinch; and for other purposes.
Referred to the Committee on Local Affairs.
HB 659. By Mr. Russell of Barrow:
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 any person who shall violate the provisions of such Act, if he shall have in his possession or in the vehicle in which he is apprehended any firearm or firearms, be guilty of a felony; and for other purposes.
Referred to the Committee on Temperance.
HB 660. By Mr. Russell of Barrow:
A Bill to be entitled an Act to amend an Act pertaining to the manu facture, transportation and possession of intoxicating liquors; and for other purposes.
Referred to the Committee on Temperance.
HB 661. By Mr. Holcombe of Cobb:
rft*&'
A Bill to be entitled an Act to amend an Act pertaining to transaction
Q| }jUSJness wjth Ordinary, so as to authorize the Ordinary to close his office at twelve o'clock noon on Saturdays; and for other purposes.
Referred to the Committee on Judiciary.
HB 662. By Mr. Orr of Wilkes:
A Bill to be entitled an Act to grant a new charter to the City of Washington, Wilkes County, Georgia by reincorporating the same so that the name of the municipality shall be the City of Washington; and for other purposes.
Referred to the Committee on Local Affairs.
HR 251-662a. By Mr. Orr of Wilkes:
A Resolution proposing an amendment to the Constitution so as to provide for the election of the members of the Board of Education of Wilkes County by the people; and for other purposes.
Referred to the Committee on Local Affairs.
46
JOURNAL OF THE HOUSE,
HR 252-662b. By Mr. Pelham of Schley:
A Resolution proposing an amendment to the Constitution to provide for the election of the members of the County Board of Education of Schley County by the voters of the entire county; and for other pur poses.
Referred to the Committee on Local Affairs.
HR 253-662c. By Messrs. Kidd and Griffith of Baldwin:
A Resolution proposing an amendment to the Constitution so as to authorize the General Assembly to delegate to any county the right to levy a tax for the promotion of county and industrial development and to authorize such counties to subscribe and donate such funds to organi zations promoting county and industrial development; and for other purposes.
Referred to the Committee on Judiciary.
HR 254-662d. By Mr. Kidd of Baldwin:
A Resolution proposing an amendment to the Constitution so as to pro vide for the appointment of the County School Superintendent by the County Board of Education; and for other purposes.
Referred to the Committee on Education.
HR 255-662e. By Mr. Kidd of Baldwin:
A Resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide for the election of county boards of education by the voters of the county; and for other pur poses.
Referred to the Committee on Education.
HR 256-662f. By Mr. McCracken of Jefferson:
A Resolution proposing an amendment to the Constitution, so as to authorize any county, municipal corporation of political subdivision of this State to provide funds for the purchase of busses, trolleys, and other transit equipment and properties used by or useful for street, railroads and motor common carriers in the operation of their busi nesses; and for other purposes.
Referred to the Committee on Judiciary.
HR 257-662g. By Messrs. Blalock and Lee of Clayton:
A Resolution proposing an amendment to the Constitution so as to provide for the issuance of bonds for school purposes in Clayton County not to exceed ten per cent of the assessed value of the taxable property in Clayton County, and for other purposes.
Referred to the Committee on Local Affairs.
WEDNESDAY, JANUARY 15, 1958
47
HR 258-662h. By Mr. Frazier of Jeff Davis:
A Resolution authorizing the transfer of the State Farmers' Market property at Hazlehurst to the Jeff Davis County Board of Education; and for other purposes.
Referred to the Committee on State Institutions and Property.
HR 259-662i. By Mr. Kimmons of Pierce:
A Resolution proposing an amendment to the Constitution so as to provide for the election of the members of Board of Education of Pierce County; and for other purposes.
Referred to the Committee on Local Affairs.
HR 260-662J. By Mr. Irvin of Habersham:
A Resolution compensating Stovall Motor Company, Inc., (State High way Dept.); and for other purposes.
Referred to the Committee on Appropriations.
HR 261-662k. By Mr. Miles of Richmond:
A Resolution to compensate Mrs. Josie Mae Newman; and for other purposes.
Referred to the Committee on Appropriations.
HR 262-6621. By Messrs. Kidd and Griffith of Baldwin:
A Resolution to compensate Mrs. Miller Braxley, (Welfare Dept.); and for other purposes.
Referred to the Committee on Appropriations.
HR 263-662m. By Messrs. Kidd and Griffith of Baldwin:
A Resolution authorizing and directing the Personnel Director of the Milledgeville State Hospital, or some person designated by the Super intendent of said institution, to inform employees of the rights under the State Merit System; and for other purposes.
Referred to the Committee on State Institutions and Property.
HB 663. By Messrs. Kidd and Griffith of Baldwin:
A Bill to be entitled an Act to amend an Act known as the Teachers Retirement System Act, so as to provide prior service credits to a member who was in the Armed Forces at the time of the original enactment of this law; and for other purposes.
Referred to the Committee on Education.
By unanimous consent, the following Bills and Resolutions of the House were read the second time:
48
JOURNAL OF THE HOUSE,
HB 626. By Mr. Russell of Barrow:
A Bill to be entitled an Act to amend an Act relating to motor vehicle licenses, so as to change the fees for the licensing of the operation of vehicles; and for other purposes.
HB 627. By Mr. Carter of Hart:
A Bill to be entitled an Act to prohibit coin operated amusement ma chines or devices commonly known as "pin ball machines" outside the corporate limits of any municipality in any county upon the recommendation of two successive grand juries; and for other purposes.
HB 628. By Messrs. McKenna of Bibb, Orr of Wilkes, Carlisle and Wilson of Bibb:
A Bill to be entitled an Act to repeal an Act entitled "An Act to amend an Act creating the Department of Public Safety", so as to prohibit the operating of motor driven cycles (as defined), not to exceed 5 brake H.P. without a driver's license; and for other purposes.
HB 629. By Messrs. Hawkins of Screven, Moate of Hancock and Twitty of Mitchell:
A Bill to be entitled an Act to repeal an Act creating the State Deposi tory Board; to transfer all powers and duties of said Board to the State Treasurer; and for other purposes.
HB 630. By Mr. Adams of Evans:
A Bill to be entitled an Act to amend an Act entitled "An Act to authorize and direct the proper authorities of the County of Evans, to pay the sum of Fifty Dollars monthly to the Ordinary of said County"; and for other purposes.
HB 631. By Mr. Hall of Lee:
A Bill to be entitled an Act to provide that the Ordinary of Lee County shall receive, in addition to fees received by law, supplemental com pensation in the form of a monthly salary to be fixed by the Board of Commissioners of Roads and Revenues for Lee County, in an amount not less than fifty dollars and not more than one hundred dollars per month; and for other purposes.
HB 632. By Mr. Hall of Lee:
A Bill to be entitled an Act to amend an Act establishing a City Court of Leesburg, so as to delete therefrom the requirement that the Judge and Solicitor of said court have any stated number of years of experi ence; and for other purposes.
HB 633. By Mr. Phillips of Walton:
A Bill to be entitled an Act to amend an Act creating a Board of Commissioners of Roads and Revenues of Walton County, so as to change the compensation of the Chairman and members of the Board of Commissioners; and for other purposes.
WEDNESDAY, JANUARY 15, 1958
49
HB 634. By Messrs. Twitty and Palmer of Mitchell:
A Bill to be entitled an Act to amend an Act entitled "An Act to provide for a County Board of Commissioners for the County of Mitchell, so as to change the compensation to be paid the Commis sioners"; and for other purposes.
HB 635. Brennan, Cheatham and Eyler of Chatham:
A Bill to be entitled an Act to carry into effect an amendment to the Constitution relating to the authority of Chatham Couny to construct and maintain streets, sidewalks and curbing, and to levy assessments therefor; and for other purposes.
HR 243-635a. By Mr. Phillips of Walton:
A Resolution authorizing the Georgia Forestry Commission to pay com pensation to Mr. W. Guy Pannell for damages to his crops caused i>y chemicals being sprayed on adjoining lands; and for other purposes.
HR 244-635b. By Mr. Cocke of Terrell: A Resolution to compensate J. W. Cole; and for other purposes.
HR 245-635c. By Mr. Rogers of Heard:
A Resolution to name the bridge over the Chattahoochee River on State Route 109, Troup County, Georgia between LaGrange, Georgia and Roanoke, Alabama, for Frank G. Birdsong; and for other purposes.
HB 636. By Messrs. Willingham, Reed and Holcombe of Cobb:
A Bill to be entitled an Act to create the Cobb County Recreation Authority and to authorize such authority to acquire, construct, equip, maintain and operate a recreational center; and for other purposes.
HB 637. By Messrs. Willingham, Reed and Holcombe of Cobb:
A Bill to be entitled an Act creating a new charter for the City of Smyrna, so as to increase the corporate limits of the City of Smyrna; and for other purposes.
HR 246. By Mr. Carlisle of Bibb:
A Resolution providing for study of needs and proposals for increasing educational advantages for gifted children in the public school system of Georgia; and for other purposes.
The following Resolutions of the House were read and adopted:
HR 264. By Messrs. Phillips of Columbia, McCracken of Jefferson, Key of Jasper, Twitty of Mitchell and others:
A RESOLUTION
WHEREAS, the Honorable Hamilton McWhorter, more affection ately known as "Hamp" served with outstanding distinction as a mem-
50
JOURNAL OP THE HOUSE,
ber of the House of Representatives in the year 1925-26 and again in 1927-29 and as a member of the State Senate of 1933-34 where he was honored by being elected President of that body and;
WHEREAS, he served with such ability, integrity and leadership that he won a lasting place in the annals of the history of our beloved State and the love and esteem with whom he served and;
WHEREAS, since retiring to private life he has always been in the forefront of civic leadership thereby broadening the esteem in which he is held to the entire citizenry of Georgia and;
WHEREAS, this outstanding leader in our State has suffered a serious illness, now, therefore;
BE IT RESOLVED that the entire membership of the House of Representatives are praying for his speedy recovery and expressing the sincere hope and desire that ere long he will be up and around again so that we may renew our expression of love and friendship by the warmth of our handclasp;
BE IT FURTHER RESOLVED that a copy of this resolution be forwarded by the Clerk of the House of Representatives to the Hon orable Hamilton McWhorter.
HR 265. By Messrs. Blalock and Lee of Clayton:
A RESOLUTION
Commending Brigadier General Joseph R. Ranck, Commanding General of the Atlanta General Depot, Forest Park, Georgia; and for other purposes.
WHEREAS, in the month of April, 1955, Brigadier General Joseph R. Ranck was made Commanding General of the Atlanta General Depot; and
WHEREAS, since assuming this assignment he has contributed much time and has worked most enthusiastically to foster better rela tionships between the military and surrounding municipalities and counties; and
WHEREAS, General Ranck has always cooperated to the fullest extent with the local communities when and where possible, his proven abilities and accomplishments being an immeasurable asset to the sur rounding areas and thus the standards at the Atlanta General Depot have been appreciably raised; and
WHEREAS, in view of his untiring efforts and achievements, splendid and harmonious relations are evident and all of the surround ing areas are unanimous in their feelings of high regard and esteem for him, which is of benefit, not only to the adjacent areas but to the entire State of Georgia;
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that this body, on behalf of the citizens of the areas adjacent to the Atlanta General Depot and the citizens of the entire State of Georgia, expresses its sincere appreciation to Brigadier General Joseph R. Ranck, Commanding General of the At lanta General Depot, Forest Park, Georgia, for his efforts and actions
WEDNESDAY, JANUARY 15, 1958
51
aforesaid, and wishes for him a long and successful tour of duty as Commanding General of this installation.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a suitable copy of this resolution to General Ranck.
HR 266. By Mr. Hawkins of Screven:
A RESOLUTION
Calling a joint session of the House of Representatives and the Senate for the purpose of electing members of the State Highway Board of Georgia; and for other purposes.
WHEREAS, the term of office of the member of the State High way Board of Georgia from the Northern State Highway District expires February 8, 1958, and
WHEREAS, upon the resignation of Honorable Roger H. Lawson as a member of the Board from the Central State Highway District, Honorable Marvin Griffin, Governor, appointed Honorable George L. Mathews to serve as such member until the election of a person at this Session of the General Assembly to serve the unexpired term of Honorable Dixon Oxford, which expires February 8, 1960, and
WHEREAS, under the provisions of the Act creating said Board, codified as Section 95-1602 of the Annotated Code of Georgia, it is necessary that the General Assembly elect a successor to Honorable John E. Quillian as a member of the State Highway Board of Georgia from the Northern State Highway District, and to elect a person to serve the unexpired term of Honorable Dixon Oxford as a member of the Board from the Central State Highway District, and
WHEREAS, such election must be held within the first ten days of this Session, after giving two days notice thereof to the members of the General Assembly, and
WHEREAS, pursuant to the aforesaid law, the President of the Senate and the Speaker of the House of Representatives on January 14, 1958, mailed such notices to the members of the General Assembly calling a caucus to be held in the Hall of the House of Representatives at the State Capitol in Atlanta, Georgia on January 20, 1958 at 12:00 o'clock noon for the purpose of such election.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that a joint session of the House of Rep resentatives and the Senate be held in the Hall of the House of Rep resentatives at 12:00 o'clock noon, January 20, 1958 for the purpose of electing a person for a full term as a member of the State High way Board of Georgia for the Northern State Highway District, which term shall expire on February 8, 1964, and to elect a person as a mem ber of the Board from the Central State Highway District to serve the unexpired portion of the term of Honorable Dixon Oxford, which term expires on February 8, 1960.
BE IT FURTHER RESOLVED that the Clerk of the House and the Secretary of the Senate are hereby instructed to see that each member of their respective bodies receives a copy of this resolution at the earliest possible time.
52
JOURNAL OF THE HOUSE,
The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has adopted by the requisite constitutional majority the following Resolutions of the Senate to wit:
SR 84. By Senator Hawes of the 30th:
A Resolution providing that this legislature shall examine all proposed legislation relating to business, industry, and agriculture in terms of its effect upon the business climate of the State; and for other purposes.
SR 85. By Senators Hill of the 54th, Brannen of the 14th, and Crawford of the 1st:
A Resolution inviting Honorable Richard B. Russell to address the General Assembly; and for other purposes.
SR 87. By Senators Kelley of the 10th and Sanders of the 18th:
A Resolution authorizing the Committee on Defense and Veterans Affairs of the House and Senate to attend the midwinter Pow Wow of the Veterans of Foreign Wars in Macon, Ga. on January 18th and 19th, 1958; to authorize two days expenses therefor; and for other purposes.
The following Resolutions of the Senate were read and adopted:
SR 85. By Senators Hill of the 54th, Brannen of the 14th and Crawford of the 1st:
A RESOLUTION
1 " , Inviting' Honorable Richard B. Russell to address the General
**"*",-- 'Assembly; and for other purposes.
'
WHEREAS, the Honorable Richard B. Russell, United States Senator from Georgia, has achieved a position in the United States Senate unparalleled in the history of that body, and
WHEREAS, he is respected by all members of the Senate and by all political parties, and is the acknowledged leader of the Southern forces in the Senate, and
WHEREAS, his courageous and inspiring battle relative to the so-called civil rights legislation has won him the admiration of those who believe in constitutional government.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that Honorable Richard B. Russell is here by extended an invitation to address a joint session of the House and Senate during the 1958 Session of the General Assembly.
BE IT FURTHER RESOLVED that the Lieutenant Governor and the Speaker of the House are hereby authorized to arrange a suitable date and time with Senator Russell for his appearance and make whatever arrangements are necessary relative thereto.
WEDNESDAY, JANUARY 15, 1958
53
BE IT FURTHER RESOLVED that the Secretary of the Senate is hereby instructed to transmit a copy of this resolution to Senator Russell.
SR 84. By Senator Hawes of the 30th:
A RESOLUTION
WHEREAS, business climate is the net result of all controllable conditions beyond management's direction which affects the cost and ease of operating a business in the State. Maintaining these conditions most favorable requires:
1. Fair and equitable treatment in general legislation and admin istrative regulation for all segments of Georgia's economy.
2. A framework of government the support of which provides a favorable competitive advantage with other states of similar indus trialization and favorable climate.
3. Equitable tax policies and restriction of the cost of government to reasonable levels in providing necessary services efficiently.
4. Fair treatment for all in legislation and administration to main tain harmonious labor-management relations and to protect the rights of individuals and property owners.
5. Fostering, in the public interest, an economic atmosphere which will enable Georgia agriculture and industry to compete for out-ofstate markets, remembering that wide marketing of Georgia products brings wealth into the State, thereby raising the standard of living of all our people; and
WHEREAS, Georgia's favorable business climate has been a major factor in encouraging expansions by established industries and the locating of new industries throughout the State; and
WHEREAS; for reasons hereinafter set forth, it will be critically important for Georgia to continue to maintain and improve its busi ness climate; and thereby foster the healthy expansion of existing busi ness and the attractions of new industry; and
WHEREAS; the increasing displacement of our farm population magnifies the importance of providing more job opportunities in all Georgia communities; and
WHEREAS; healthy industrialization broadens the tax base, there by providing much-needed revenues for community facilities and gov ernment services for all our people; and
WHEREAS; in this era of rapid industrial expansion and reloca tion throughout the United States, industries, selecting locations, are vitally concerned about the relative business climate among the states; and the preservation of Georgia's good business climate is in the public interest and can be continued without discriminating against any other interest in Georgia;
NOW, THEREFORE, BE IT RESOLVED by the General Assem bly of Georgia that this legislature henceforth shall examine all pro posed legislation relating to business, industry, and agriculture in terms of its effect upon the business climate of the State, and shall
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JOURNAL OF THE HOUSE,
determine whether such legislation may have any future discriminating or deterring effect upon the investment of capital and the creation of needed payrolls in Georgia; and be it further resolved that the members of this General Assembly hereby request the Governor and the directors of each department in the State Government to examine their own discretionary actions and orders in any way relating to business industry, and agriculture in terms of the effect of such governmental action upon the business climate of Georgia.
SR 87. By Senators Kelley of the 10th and Sanders of the 18th:
A Resolution to authorize the Committee on Defense and Veterans Af fairs of the House and Senate to attend the midwinter Pow Wow of the Veterans of Foreign Wars in Macon, Georgia, on January 18th and 19th for the purpose of attending the business sessions and conferring with veterans' leaders relative to various problems in the State of Georgia.
To authorize two days expenses for said members of the joint Com mittees on Defense and Veterans Affairs of the House and Senate who attend said Pow Wow; and for other purposes.
Mr. Odom of Camden arose to a Point of Personal Privilege and addressed the House.
The following Resolution of the House was read and adopted:
HR 267. By Messrs. Moate of Hancock, Hawkins of Screven and Jessup of Bleckley:
A RESOLUTION
To appoint a joint House-Senate Committee for the purpose of studying the feasibility of the purchase of the Central of Georgia port facilities and dock by the State of Georgia.
BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES, SENATE CONCURRING, that a joint study Committee be created to be composed of five members of the House of Representatives and three members of the Senate for the purpose of studying the needs and costs of acquiring the Central of Georgia port facilities at Savannah, Georgia.
BE IT FURTHER RESOLVED that this Committee shall consist of five members of the House of Representatives to be appointed by the Speaker and three members of the Senate to be appointed by the President of the Senate.
BE IT FURTHER RESOLVED that said Committee shall im mediately undertake its study and deliberations and reports its findings and recommendations back to the General Assembly.
Mr. Hawkins of Screven moved that the House do now adjourn until 10:00 o'clock a.m., tomorrow morning, and the motion prevailed.
The Speaker announced the House adjourned until 11:00 o'clock tomorrow morning.
THURSDAY, JANUARY 16, 1958
55
Representative Hall, Atlanta, Georgia Thursday, January 16, 1958
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 roll call was dispensed with.
Mr. Black of Webster, Chairman of the Committee on Auditing, Enrolling and Engrossing, Journals, reported that the Journal of yesterday's proceedings had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions.
2. First reading and reference of House Bills and Resolutions.
3. Reports of standing committees.
4. Second reading of Bills and Resolutions.
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.
Under the provisions of House Rule Number 196, Mr. Brooks of Fulton gave notice that at the proper time, he would make a motion instructing the Committee on Ways and Means to report the following Bill back to the House:
HB 46. By Messrs. Brooks, McClelland and Smith of Fulton, Blalock of Coweta, McWhorter of DeKalb and others:
A Bill to be entitled an Act to amend an Act relating to Income Taxes, so as to eliminate the Federal Income Taxes as a deduction from gross income; and for other purposes.
By unanimous consent, the motion to report HB 47 back to the House was postponed until Monday, January 20, 1958.
By unanimous consent, the following Bill of the House was withdrawn from the Committee on Ways and Means, read the second time and recommitted:
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JOURNAL OF THE HOUSE,
HB 58. By Mr. Carter of Hart:
A Bill to be entitled an Act to amend an Act known as the Georgia Retailers' and Consumers' Sales and Use Tax Act; and for other pur poses.
By unanimous consent, a true copy of the following Bill of the House was established since the previous copy had been lost in the Committee:
HB 47. By Messrs. Smith, Brooks and McClelland of Fulton, Blalock of Coweta, Kidd and Griffith of Baldwin and others:
A Bill to be entitled an Act to amend an Act relating to Motor Vehicle Licenses; 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 664. By Mr. Sivell of Harris:
A Bill to be entitled an Act to amend an Act entitled "To incorporate the Town of Chipley, and for other purposes.
Referred to the Committee on Local Affairs.
HB 665. By Mr. Caldwell of Upson:
A Bill to be entitled an Act to repeal an Act pertaining to the repeal or amendment of charters of certain cities, and for other purposes.
Referred to the Committee on Local Affairs.
HB 666. By Mr. Harper of Gilmer:
A Bill to be entitled an Act to amend an Act creating the office of County Commissioner of Gilmer County and creating an Advisory Board of said county, and for other purposes.
Referred to the Committee on Local Affairs.
HB 667. By Messrs. Moate of Hancock, Hawkins of Screven, Matthews of Clark, Roughton of Washington, Freeman of Monroe, Jessup of Bleckley and others:
A Bill to be entitled an Act to amend an Act known as the "State-wide Probation Act", so as to provide for a Director of Probation rather than a Chief Probation Supervisor, and for other purposes.
Referred to the Committee on State of Republic.
HB 668. By Messrs. Rogers of Heard, Irwin of Habersham, Nichols of Towns, Barrett of Cherokee, Perkins of Grady and Veal of Putnam.
A Bill to be entitled an Act to provide that in all cases where a licensee or an applicant for a license is required to post a bond with the Com missioner of Agriculture, the Commissioner is authorized to accept in lieu thereof cash, government bonds, treasury notes, or their equivalent
THURSDAY, JANUARY 16, 1958
57
where the licensee or applicant cannot obtain the prescribed bond, and for other purposes.
Referred to the Committee on Agriculture.
HB 669. By Messrs. Cloud and Taylor of Decatur:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Bainbridge, so as to authorize said City through its Mayor and Council to sell, lease, or dispose of in any manner whatsoever any property owned by said City of such terms and conditions as thought best by a majority of the Mayor and Council, and for other purposes.
Referred to the Committee on Local Affairs.
HB 670. By Messrs. Moate of Hancock, Hawkins of Screven and Scoggin of Floyd:
A Bill to be entitled an Act to prescribe the number of directors for corporations incorporated by the Secretary of State; to prescribe the effect of this Act, and for other purposes.
Referred to the Committee on Judiciary.
HB 671. By Messrs. Moate of Hancock, Hawkins of Screven and Jessup of Bleckley:
A Bill to be entitled an Act to amend an Act creating the State Bridge Building Authority so as to provide for bridge project construction contracts with any county of this State, so as to permit construction of additional projects with surplus proceeds of the sale of bonds here after made, and for other purposes.
Referred to the Committee on State of Republic.
HB 672. By Messrs. Winkle and Smith of Whitfield:
A Bill to be entitled an Act to amend an Act consolidating, amending and codifying the various Acts incorporating the City of Dalton, so as to change certain provisions relating to the Civil Service Commission of Dalton; and for other purposes.
Referred to the Committee on Local Affairs.
HB 673. By Mr. Huddleston of Fayette:
A Bill to be entitled an Act to change the terms of the Superior Court of Fayette County; and for other purposes.
Referred to the Committee on Local Affairs.
HB 674. By Mr. Overby of Hall:
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 where conditional bills of sale are for $600.00 or less in amount, and relate to household and
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JOURNAL OF THE HOUSE,
kitchen furniture, furnishings, goods and appliances, they must be filed for record within two years of that date; and for other purposes.
Referred to the Committee on State of Republic.
HB 675. By Messrs. Greene and Bradley of Bartow:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Cartersville, so as to change the corporate limits of said City, and for other purposes.
Referred to the Committee on Local Affairs.
HB 676. By Messrs. Lanier of Candler, Fowler of Douglas, Ray of Warren, Fordham and Alien of Bulloch, McKenna of Bibb and Carlisle of Bibb:
A Bill to be enttiled an Act to amend an Act regulating the marketing of eggs, so as to redefine fresh eggs; to provide that each container of eggs must be labeled to show weight and standard of quality; and for other purposes.
Referred to the Committee on Agriculture.
HB 677. By Mr. McClelland of Fulton:
A Bill to be entitled an Act to amend an Act pertaining to capital gains and losses, by providing that a long-term capital gain shall include any capital gain dividend as defined by the U. S. Internal Revenue Code, and for other purposes.
Referred to the Committee on Ways and Means.
HB 678. By Messrs. Greene and Bradley of Bartow:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Cartersville, so as to change the provisions relating to school funds; and for other purposes.
Referred to the Committee on Local Affairs.
HB 679. By Messrs. Morris and Bodenhamer of Tift:
A Bill to be entitled an Act to amend an Act entitled "An Act creating and providing a new charter for the Town of Omega, and for other purposes.
Referred to the Committee on Local Affairs.
HB 680. By Messrs. Greene and Bradley of Bartow:
A Bill to be entitled an Act to amend an Act abolishing the office of County Treasurer of Bartow County and providing that the clerk of the Board of Commissioners of Roads and Revenues of Bartow County shall perform the duties of the Treasurer, and for other purposes.
Referred to the Committee on Local Affairs.
HB 681. By Messrs. Reed, Holcombe and Willingham of Cobb:
A Bill to be entitled an Act to grant the governing authority of each
THURSDAY, JANUARY 16, 1958
59
county the power to prohibit, regulate or license pinball machines; and for other purposes.
Referred to the Committee on Local Affairs.
HB 682. By Messrs. Russell of Barrow, Holcombe and Reed of Cobb:
A Bill to be entitled an Act to amend an Act relating to the failure to pay for agricultural products, so as to extend the provisions of said section to all sales of such products, including timber and pulpwood unless credit shall be expressly extended therefor; and for other pur poses.
Referred to the Committee on Agriculture.
HB 683. By Messrs. Holcombe, and Reed of Cobb, and Russell of Barrow:
A Bill to be entitled an Act to require registration of certain firearms with the Ordinary before carrying or transporting such firearms; and for other purposes.
Referred to the Committee on Judiciary.
HB 684. By Messrs. Holcombe and Reed of Cobb, and Russell of Barrow:
A Bill to be entitled an Act to amend an Act relating to the counter feiting, alteration, possession, and knowingly uttering or passing any bank note, bill, check, or draft, so as to extend the provisions of the above sections to all banks, and for other purposes.
Referred to the Committee on Banks and Banking.
HB 685. By Messrs. Carlisle, McKenna and Wilson of Bibb:
A Bill to ratify and confirm the action of the City of Macon and of the Mayor and Council thereof in closing, vacating and abandoning portion of 10 foot alley running through Square, and for other purposes.
Referred to the Committee on Local Affairs.
HB 686. By Messrs. Cheatham of Chatham, Barber of Jackson, Nilan of Muscogee, Duncan of Carroll, Scoggin of Floyd and Hall of Floyd:
A Bill to be entitled an Act to provide for a system of junior colleges in this State, and for other purposes.
Referred to the Committee on University of Georgia.
HB 687. By Messrs. Tarpley of Union, Ellis of Henry, Pelham of Schley, Johnson of Jenkins and Short of Colquitt:
A Bill to be entitled an Act to revise, consolidate and supersede all laws relating to the creation of the Department of Public Safety, and for other purposes.
Referred to the Committee on Motor Vehicles.
HE 268-687a. By Messrs. Cheatham of Chatham, Barber of Jackson, Nilan of Muscogee, Duncan of Carroll, Scoggin of Floyd and Hall of Floyd: A Resolution proposing an amendment to the Constitution so as to
60
JOURNAL OF THE HOUSE,
authorize certain political subdivisions of the State to establish colleges, and for other purposes.
Referred to the Committee on University of Georgia.
HR 269-687b. By Messrs. Greene and Bradley of Bartow:
A Resolution proposing an amendment to the Constitution so as to provide for the election of the County School Superintendent of Bartow County by the people; and for other purposes.
Referred to the Committee on Local Affairs.
HR 270-687c. By Messrs. Stephens of Clarke, Fowler of Douglas and Brooks of Oglethorpe:
A Resolution to authorize and direct the Budget Bureau to provide funds necessary to construct a building and matters related thereto, including, but not limiting thereto, the purchase of land, said building to be used for the purpose of storing valuable records of the State and restoring valuable records of the State, and for other purposes.
Referred to the Committee on Corporations.
HR 271-687d. By Messrs. Moate of Hancock and Hawkins of Screven:
A Resolution authorizing the placing of busts of two Georgia signers of the U. S. Constitution in the Georgia Hall of Fame at the State Capitol, and for other purposes.
Referred to the Committee on State of Republic.
HR 272-687e. By Mr. Denmark of Liberty:
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 Liberty County by the people; and for other purposes.
Referred to the Committee on Local Affairs.
HR 273-6871 By Mr. Hurst of Quitman:
A Resolution proposing an amendment to the Constitution so as to pro vide for the election of members of the Board of Education of Quitman County, and for other purposes.
Referred to the Committee on Local Affairs.
HR 274-687g. By Mr. Denmark of Liberty: A Resolution proposing an amendment to the Constitution so as to create the Liberty County Industrial Authority, and for other purposes.
Referred to the Committee on Local Affairs.
HR 275-687h. By Mr. White of Mclntosh: A Resolution proposing an amendment to the Constitution so as to provide that the Board of Education of Mclntosh County shall be com posed of five members to be elected by the people, and for other purposes.
Referred to the Committee on Local Affairs.
THURSDAY, JANUARY 16, 1958
61
HR 276-687i. By Mr. Harper of Gilmer:
A Resolution proposing an amendment to the Constitution so as to provide for the election of the members of the Board of Education of Gilmer County by districts; and for other purposes.
Referred to the Committee on Local Affairs.
HR 277-687J. By Messrs. Tarpley of Union, Ellis of Henry, Johnson of Jenkins and Short of Colquitt:
A Resolution proposing that the State Highway Department take action to clear the right of ways along State Highways of all obstacles, both natural and man-made, that present a hazard to the operation of motor vehicles; and for other purposes.
Referred to the Committee on Motor Vehicles.
HR 278-687k. By Messrs. Tarpley of Union, Ellis of Henry, Johnson of Jenkins, Pelham of Schley and Short of Colquitt:
A Resolution proposing the compilation of all laws relating to the operation of motor vehicles, the Department of Public Safety and jurisdiction over traffic offenses into a single pamphlet to be made available to the general public, and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 688. By Mr. Killian of Glynn:
A Bill to be entitled an Act to amend Title 114 of the Code of Georgia of 1933, relating to Workmen's Compensation; to provide for voca tional rehabilitation services; to provide for payment of benefits, main tenance and medical expenses during period of rehabilitation; and for other purposes.
Referred to the Committee on Industrial Relations.
By unanimous consent, the following Bills and Resolutions of the House were read the second time:
HB 638. By Messrs. Pickard of Muscogee and Carlisle of Bibb:
A Bill to be entitled an Act to amend an Act pertaining to taxes on the distribution of motor fuel and/or kerosene, so as to provide for a refund of taxes paid on motor fuels used by operators of certain transit systems; and for other purposes.
HB 639. By Messrs. Pickard of Muscogee and Carlisle of Bibb:
A Bill to be entitled an Act to amend an Act pertaining to license taxes for motor vehicles, so as to prescribe the license fees for busses operating as part of certain transit systems; and for other purposes.
HB 640. By Messrs. Pickard of Muscogee and Carlisle of Bibb:
A Bill to be entitled an Act to ratify, approve and confirm the Executive Order of the Governor dated January 3, 1958, suspending the collection
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JOURNAL OF THE HOUSE,
of sales and use taxes on passenger fares charged by urban transit systems; and for other purposes.
HB 641. By Messrs. Cheatham, Eyler and Brennan of Chatham:
A Bill to be entitled an Act to amend an Act authorizing the governing authorities of the several municipalities and counties of this State to establish planning commissions, so as to increase the maximum number of members which may serve on a planning commission, and for other purposes.
HB 642. By Messrs. Cheatham, Eyler and Brennan of Chatham:
A Bill to be entitled an Act to provide for facsimile signatures of public officials on public securities and instruments of payment; and for other purposes.
HB 643. By Mr. Sheffield of Brooks:
A Bill to be entitled an Act to authorize the Clerk of the Superior Court of any county, with the approval of the County governing authority, to install and use micro photographic equipment, or other photographic equipment in recording, copying, and furnishing copies of the various instruments, records and proceedings of record or on file in the Clerk's office, and for other purposes.
HB 644. By Messrs. Kidd and Griffith of Baldwin:
A Bill to be entitled an Act providing a complete and comprehensive Vital Statistics Law for Georgia, so as to increase the compensation of local registrars; and for other purposes.
HB 645. By Mr. Kidd of Baldwin:
A Bill to be entitled an Act to abolish the terms of office of the members of the county board of tax assessors in certain counties, and for other purposes.
HB 646. By Messrs. Kidd and Griffith of Baldwin:
A Bill to be entitled an Act to amend an Act relating to the appointment of county police by county commissioners in certain counties, and for other purposes.
HB 647. By Messrs. Kidd and Griffith of Baldwin:
A Bill to be entitled an Act to provide in certain counties that any political party holding a primary for the nomination of a candidate for a county office shall require that the nominee receive a majority vote of those persons voting thereon; and for other purposes.
HB 648. By Mr. Odom of Camden:
A Bill to be entitled an Act to provide for additional compensation for the Tax Receiver for Camden County; and for other purposes.
THURSDAY, JANUARY 16, 1958
63
HB 649. By Mr. Orr of Wilkes:
A Bill to be entitled an Act to amend an Act establishing a Board of Commissioners of Roads and Revenues of Wilkes County, so as to provide for the election of four of the members of the Board from Commissioner Districts by the people in lieu of the Grand Jury electing such four members, and for other purposes.
HB 650. By Messrs. Mobley and Carswell of Burke:
A Bill to be entitled an Act to amend an Act incorporating the City of Waynesboro, so as to increase the corporate limits of said city, and for other purposes.
HB 651. By Mr. Long of Murray:
A Bill to be entitled an Act to amend an Act creating the Board of Roads and Revenues of Murray County, and for other purposes.
HB 652. By Mr. Long of Murray:
A Bill to be entitled an Act to amend the charter of the City of Chatsworth, to provide that the corporate powers of said City shall be vested in and exercised by a mayor and four aldermen, and for other purposes.
HB 653. By Messrs. Overby of Hall, Short of Colquitt and Jones of Worth:
A Bill to be entitled an Act to amend an Act defining and regulating the practice of law and prohibiting corporations and persons other than duly licensed attorneys at law from practicing law or performing legal services and prescribing penalties therefor, and for other purposes.
HB 654. By Messrs. Holcombe, Reed and Willingham of Cobb:
A Bill to be entitled an Act to amend an Act fixing, establishing and providing a salary for the Solicitor General of the Cobb Judicial Circuit, and for other purposes.
HB 655. By Messrs. Cloud and Taylor of Decatur:
A Bill to be entitled an Act to amend an Act creating the Department of Natural Resources, so as to authorize the Department of State Parks to purchase and provide uniforms to certain officers, and for other purposes.
HB 656. By Messrs. Blalock and Lee of Clayton:
A Bill to be entitled an Act to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Clayton County into the one office of Tax Commissioner of Clayton County, and for other purposes.
HB 657. By Messrs. Blalock and Lee of Clayton:
A Bill to be entitled an Act to amend an Act placing the Clerk of the Superior Court and the Sheriff of Clayton County on a salary basis in lieu of a fee basis, and for other purposes.
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JOURNAL OF THE HOUSE,
HB 658. By Mr. Musgrove of Clinch:
A Bill to be entitled an Act to amend an Act creating and establishing the County Court of Clinch in and for the County of Clinch, and for other purposes.
HB 659. By Mr. Russell of Barrow:
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 any person who shall violate the provisions of such Act, if he shall have in his possession or in the vehicle in which he is apprehended any firearm or firearms, be guilty of a felony, and for other purposes.
HB 660. By Mr. Russell of Barrow:
A Bill to be entitled an Act to amend an Act pertaining to the manu facture, transportation and possession of intoxicating liquors, and for other purposes.
HB 661. By Mr. Holcombe of Cobb:
A Bill to be entitled an Act to amend an Act pertaining to transaction of business with Ordinary, so as to authorize the Ordinary to close his office at twelve o'clock noon on Saturdays, and for other purposes.
HB 662. By Mr. Orr of Wilkes:
A Bill to be entitled an Act to grant a new charter to the City of Washington, Wilkes County, Georgia by reincorporating the same so that the name of the municipality shall be the City of Washington, and for other purposes.
HE 251-662a. By Mr. Orr of Wilkes:
A Resolution proposing an amendment to the Constitution so as to provide for the election of the members of the Board of Education of Wilkes County by the people, and for other purposes.
HR 252-662b. By Mr. Pelham of Schley:
A Resolution proposing an amendment to the Constitution to provide for the election of the members of the County Board of Education of Schley County by the voters of the entire county, and for other purposes.
HR 253-662c. By Messrs. Kidd and Griffith of Baldwin:
A Resolution proposing an amendment to the Constitution so as to authorize the General Assembly to delegate to any county the right to levy a tax for the promotion of county and industrial development and to authorize such counties to subscribe and donate such funds to organizations promoting county and industrial development, and for other purposes.
HR 254-662d. By Mr. Kidd of Baldwin:
A Resolution proposing an amendment to the Constitution so as to pro-
THURSDAY, JANUARY 16, 1958
65
vide for the appointment of the County School Superintendent by the County Board of Education, and for other purposes.
HR 255-662e. By Mr. Kidd of Baldwin:
A Resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide for the election of county boards of education by the voters of the county; and for other purposes.
HR 256-662f. By Mr. McCracken of Jefferson:
A Resolution proposing an amendment to the Constitution, so as to authorize any county, municipal corporation of political subdivision of this State to provide funds for the purchase of busses, trolleys, and other transit equipment and properties used by or useful for street, railroads and motor common carriers in the operation of their businesses; and for other purposes.
HR 257-662g. By Messrs. Blalock and Lee of Clayton:
A Resolution proposing an amendment to the Constitution so as to provide for the issuance of bonds for school purposes in Clayton County not to exceed ten per cent of the assessed value of the taxable property in Clayton County, and for other purposes.
HR 258-662h. By Mr. Prazier of Jeff Davis:
A Resolution authorizing the transfer of the State Farmers' Market property at Hazelhurst to the Jeff Davis County Board of Education, and for other purposes.
HR 259-662i. By Mr. Kimmons of Pierce:
A Resolution proposing an amendment to the Constitution so as to provide for the election of the members of Board of Education of Pierce County, and for other purposes.
HR 260-662J. By Mr. Irving of Habersham:
A Resolution compensating Stovall Motor Company, Inc., (State High way Dept.) and for other purposes.
HR 261-662k. By Mr. Miles of Richmond:
A Resolution to compensate Mrs. Josie Mae Newman, and for other purposes.
HR 262-6621. By Messrs. Kidd and Griffith of Baldwin:
A Resolution to compensate Mrs. Miller Braxley, (Welfare Dept.) and for other purposes.
HR 263-662m. By Messrs. Kidd and Griffith of Baldwin:
A Resolution authorizing and directing the Personnel Director of the Milledgeville State Hospital, or some person designated by the Super intendent of said institution, to inform employees of the rights under the State Merit System; and for other purposes.
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JOURNAL OF THE HOUSE,
HB 663. By Messrs. Kidd and Griffith of Baldwin:
A Bill to be entitled an Act to amend an Act known as the Teachers Retirement System Act, so as to provide prior service credits to a mem ber who was in the Armed Forces at the time of the original enactment of this Law, and for other purposes.
Under the provisions of HR 267, the Speaker appointed the following mem bers as a Committee on the part of the House:
Messrs. Hawkins of Screven, Blalock of Clayton, Rutland of DeKalb, Kennedy of Turner and Phillips of Walton.
At the invitation of the House, a documentary film "The Road Back", depicting treatment and problems at the Milledgeville State Hospital, was shown to the House by WSB-TV.
The following Resolutions of the House were read and adopted:
HR 283. By Mr. Perry of Marion:
A RESOLUTION
Inviting the Marion County High School Band to give a concert in the House of Representatives; and for other purposes.
WHEREAS, the Marion County High School Band is one of the most outstanding school bands in the entire State, as evidenced by its popularity among all the citizens and the many invitations which it receives to perform at many functions both within and without the State, and
WHEREAS, it has appeared in the Gator Bowl in Jacksonville, Florida, and received acclaim therefor in the newspapers and from all persons who attended the festivities in Jacksonville, and
WHEREAS, this band gave an outstanding concert in the Hall of the House of Representatives at the 1957 Session, and the members of the House are looking forward to another visit from the band,
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the Marion County High School Band is hereby extended a cordial invitation to give a concert in the Hall of the House of Representatives on January 21, 1958, at 10 o'clock a.m., and that an invitation to accompany the band is hereby extended to the members of the Marion County Board of Education, the parents of the members of the band, with an especial invitation to Honorable B. G. Moores, the Band Director.
BE IT FURTHER RESOLVED that the Clerk is hereby in structed to make a sufficient number of copies of this Resolution for distribution to each member of the band.
HR 284. By Mr. Fowler of Douglas:
A RESOLUTION
WHEREAS, recent information developed and assembled at the College of Agriculture of the University of Georgia is of vital im-
THURSDAY, JANUARY 16, 1958
67
portance to the Members of the General Assembly and the people of Georgia, and
WHEREAS, this important information has been developed under the leadership of the Dean and Coordinator of the College of Agricul ture, named recently as Georgia's Man of the Year in Agriculture, and
WHEREAS, appearing before the House and the Senate in person, Dean Murray could better present this vital information which will help the Members of the General Assembly to consider certain measures likely to come before it in a better light;
NOW, THEREFORE BE IT RESOLVED that the House of Repre sentatives, the Senate concurring, meet in joint session at 12:00 o'clock on Tuesday the 21st of January for the purpose of hearing a report from Dean C. C. Murray of the College of Agriculture at the University of Georgia, and
BE IT FURTHER RESOLVED that a copy of this Resolution be sent to Dean Murray inviting him to address the joint session as set forth in this Resolution.
HR 285. By Mr. Jones of Crawford:
A RESOLUTION
WHEREAS House Resolution 45-122A created a Committee, con sisting of 3 members of the House, to study ways and means for pro moting the location of Industries in Georgia and promoting the sale of industrial products of this State and provided the Committee should stand abolished as of December 31, 1957 and
WHEREAS it was necessary for this committee to meet for 2 days in January 1958;
Now, therefore, Be it resolved that the State Treasurer be author ized and directed to pay the members of said Committee the per diem and expenses provided for interim committees for the 2 days meeting held in January 1958.
Under the regular order of business the following Resolution of the House was taken up for consideration and read the third time:
HR 54-148a. By Messrs. Moate of Hancock, Hawkins of Screven, Russell of Barrow, Greene of Bartow, Roughton of Washington and others:
A Resolution to encourage the study of minerals, geology and water resources in the public schools of the State; and for other purposes.
The report of the committee which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 104, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
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JOURNAL OF THE HOUSE,
The following Resolution of the House was read and referred to the Com mittee on Rules:
HR 286. By Messrs. Moate of Hancock, Hawkins of Screven and Jessup of Bleckley:
A RESOLUTION
To appoint a Joint House-Senate Committee for the purpose of studying the feasibility of the purchase of Stone Mountain by the State of Georgia.
BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES, THE SENATE CONCURRING that a joint study Committee be created to be composed of five members of the House of Representatives and three members of the Senate for the purpose of studying the needs and costs of acquiring Stone Mountain in DeKalb County, Georgia.
BE IT FURTHER RESOLVED that said Committee shall be composed of five members of the House of Representatives to be ap pointed by the Speaker and three members of the Senate to be appointed by the President of the Senate.
BE IT FURTHER RESOLVED that said Committee shall im mediately undertake its study and deliberations and report its findings and recommendations back to the General Assembly.
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 248. By Messrs. Floyd and Weems of Chattooga, Ingle of Gordon, Lanier of Candler and others:
Inviting Hon. Richard L. Rouderbush to address a joint session of the General Assembly; and for other purposes.
By unanimous consent, the following Bill of the House was withdrawn from further consideration of the House:
HB 375. By Messrs. Fellows of Coffee, and Fowler of Douglas:
A Bill to be entitled an Act to create a lien in behalf of suppliers of livestock feed; and for other purposes.
Mr. Hawkins of Screven moved that the House do now adjourn until 10:30 o'clock Monday morning, January 20, 1958, and the motion prevailed.
The Speaker announced the House adjourned until 10:30 o'clock Monday morning.
MONDAY, JANUARY 20, 1958
Representative Hall, Atlanta, Georgia Monday, January 20, 1958
The House met pursuant to adjournment this day at 10:30 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 Alien Bagby Ballard Barber Barrett Baughman Birdsong Black Blalock of Coweta Blalock of Clayton Bodenhamer Boggs Brackin Bradley Brooks of Oglethorpe Brooks of Pulton
Broome Budd Burkhalter Busbee Cagle Caldwell Callier A. Campbell of
Walker W. Campbell of
Walker Carlisle Carr Carswell Carter Chastain Cheatham Cheek Cloud Coalson Cocke Cowart Craven Crummey Denmark Dorminy Duncan Elder
Ellis Eyler Floyd Flynt Fowler of Douglas Fowler of Treutlen Frazier Freeman Fuqua Gowen Green of Rabun Greene of Bartow Grimsley Gross of Stephens Gross of Dade Hall of Lee Hall of Floyd Hardaway Harper Harrison Hawkins Helms Henderson Hendrix Hill Hodges of Ware Hodges of Butts Hogan Holcombe Huddleston Hurst Ingle Irvin Jessup Johnson Jones of Wayne Jones of Worth Jones of Lumpkin Jones of Baker Jones of Laurens Jones of Sumter Jones of Crawford Kelley
Kennedy Key
Kidd Kimmons King Lam Lancaster Land Larkins Lee Lindsey Lokey Long Lott Love Mackay Mann Martin Matthews Miles Miller of Twiggs Miller of Elbert Mobley Moorman Morris Moss Mull Murphy Murr Musgrove McClelland McCracken McGibony McKenna McWhorter Neese Nichols Nilan Odom Orr Overby Palmer Parker of Pike
Parker of Ware Parker of Appling Payton Pelham
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JOURNAL OF THE HOUSE,
Perkins Perry Peters Pettey
Phillips of Columbia Phillips of Walton Pickard
Pickett Ramsey
Raulerson Ray
Roberts Rodgers of Charlton Ross
Roughton Rowland Russell
Scoggin Sheffield
Short Singer Sivell Smith of Porsyth
Smith of Emanuel Smith of Lamar Smith of Whitfield
Souter Stephens
Story Summers
Tabb Tamplin Tarpley
Taylor Todd Truelove
Twitty Underwood
Veal Walker of Lowndes Walker of Telfair Watson
Weems Wells White
Willis Wilson
Winkle Wooten
Wright of Floyd Wright of Dodge Yandle
Young Mr. Speaker
(Moate)
Mr. Black of Webster, Chairman of the committee on Auditing, Enrolling and Engrossing, Journals, reported that the Journal of last Thursday's pro ceedings had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions.
2. First reading and reference of House Bills and Resolutions.
3. Reports of Standing Committees.
4. Second reading of Bills and Resolutions.
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 may deem advisable.
By unanimous consent, the motion to instruct the committee to report HB 46 back to the House was postponed until Monday, February 3, 1958.
By unanimous consent, the following Bills and Resolutions of the House were read the first time:
HB 689. By Mr. Overby of Hall:
A Bill to be entitled an Act to provide that it shall be unlawful to sell or offer for sale at retail, motor fuel unless the seller shall display certain signs; and for other purposes.
Referred to the Committee on Motor Vehicles.
MONDAY, JANUARY 20, 1958
71
HB 690. By Mr. Veal of Putnam:
A Bill to be entitled an Act to amend an Act known as the "Statewide Probation Act", so as to provide that the court may not order a pro bationer to make reparation or restitution to any aggrieved person for the damage or loss caused by his offense where the amount of such damage or loss is in dispute unless the same shall have been adjudicated; and for other purposes.
Referred to the Committee on State of Republic.
HB 691. By Mr. Overby of Hall:
A Bill to be entitled an Act to amend an Act pertaining to the substi tution and misbranding of petroleum products, by providing it shall be unlawful to deceive the purchasers of petroleum products as to price of products offered for sale; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 692. By Mr. Overby of Hall:
A Bill to be entitled an Act to authorize and empower the governing authorities of certain counties to license certain auction houses or places where auction sales are conducted; and for other purposes.
Referred to the Committee on State of Republic.
HB 693. By Mr. Overby of Hall:
A Bill to be entitled an Act to amend an Act creating the office of Judge of the Superior Courts, Emeritus, and for other purposes.
Referred to the Committee on Judiciary.
HB 694. By Messrs. Moate of Hancock, Hawkins of Screven, Sheffield of Brooks, Phillips of Walton, Jessup of Bleckley, Scoggin of Floyd and many others:
A Bill to be entitled an Act to amend an Act creating the Georgia Rural Roads Authority, and for other purposes.
Referred to the Committee on State of Republic.
HB 695. By Mr. Carter of Hart:
A Bill to be entitled an Act to provide for nominations of persons to be elected, selected or appointed by the Grand Jury of a county, and for other purposes.
Referred to the Committee on Judiciary.
HB 696. By Messrs. Kidd and Griffith 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 hours of voting in said City; and for other purposes.
Referred to the Committee on Local Affairs.
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JOURNAL OF THE HOUSE,
HB 697. By Messrs. Yandle of Toombs, Underwood of Montgomery and Todd of Glascock:
A Bill to be entitled an Act to amend an Act relating to the filling of vacancies in the office of county superintendent of schools, so as to change the provisions for filling the vacancies and a procedure con nected therewith; and for other purposes.
Referred to the Committee on Education.
HB 698. By Messrs. Kidd and Griffith of Baldwin:
A Bill to be entitled an Act to amend an Act relating to the operation of the County Manager Form of Government, so as to change the re quirement from a majority vote of the qualified voters of the county to a majority vote of the qualified voters voting on whether the law shall become operative or be suspended or terminated in the county, and for other purposes.
Referred to the Committee on Judiciary.
HB 699. By Messrs. McClelland, Smith and Brooks of Fulton:
A Bill to be entitled an Act to amend an Act pertaining to the attendance of witnesses and the fees therefor in counties having a population of 300,000 or more, and for other purposes.
Referred to the Committee on Judiciary.
HB 700. By Messrs. Smith, McClelland and Brooks of Fulton:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Atlanta, so as to extend the corporate limits, and for other purposes.
Referred to the Committee on Local Affairs.
HB 701. By Messrs. Smith, McClelland and Brooks of Fulton:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Atlanta, relating to surplus waterworks property, and for other purposes.
Referred to the Committee on Local Affairs.
HB 702. By Mr. Brooks of Fulton:
A Bill to be entitled an Act to prohibit appointed or elected state offi cials from collecting private funds for the enforcement of the penal laws of the State of Georgia or any of the regulations issued pursuant to law, to provide for the receipt and deposit with the State Treasurer of funds voluntarily contributed; and for other purposes.
Referred to the Committee on State of Republic.
HR 279-702a. By Mr. Overby of Hall: A Resolution proposing an amendment to the Constitution so as to pro-
MONDAY, JANUARY 20, 1958
73
vide for the establishment of fire prevention districts in Hall County outside municipalities; and for other purposes.
Referred to the Committee on Local Affairs.
HR 280-702b. By Mr. Hawkins of Screven:
A Resolution authorizing compensation to Robert K. Price Company, and for other purposes.
Referred to the Committee on Appropriations.
HR 281-702c. By Mr. Overby of Hall:
A Resolution to compensate John Henry Chapman, and for other pur poses.
Referred to the Committee on Appropriations.
HR 282-702d. By Mr. Overby of Hall: A Resolution to compensate Wilma Hulsey Dorsey; and for other purposes.
Referred to the Committee on Appropriations.
HB 703. By Messrs. Birdsong and Lam of Troup: A Bill to be entitled an Act to create a Board of Commissioners of Roads and Revenues for the County of Troup, and for other purposes.
Referred to the Committee on Local Affairs.
HR 287-703a. By Mr. Hawkins of Screven:
A Resolution authorizing the conveyance of certain property in Coffee County; and for other purposes.
Referred to the Committee on State Institutions and Property.
HB 704. By Messrs. Reed, Holcombe and Willingham of Cobb:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Smyrna, so as to increase the corporate limits of said City, and for other purposes.
Referred to the Committee on Local Affairs:
HB 705. By Messrs. Holcombe, Reed and Willingham of Cobb:
A Bill to be entitled an Act to amend an Act incorporating the Town of Austell, and for other purposes.
Referred to the Committee on Local Affairs.
HB 706. By Messrs. Holcombe, Reed and Willingham of Cobb:
A Bill to be entitled an Act to amend an Act incorporating the City of Powder Springs, and for other purposes.
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JOURNAL OF THE HOUSE,
HB 707. By Messrs. Moate of Hancock, Hawkins of Screven and Sheffield of Brooks:
A Bill to be entitled an Act to amend the Act creating the State High way Board so as to increase the limit of lease rentals authorized to be paid by the State Highway Board and Department to Georgia Rural Roads Authority; and for other purposes.
Referred to the Committee on State of Republic.
HB 708. By Messrs. Moate of Hancock, Hawkins of Screven and Jessup of Bleckley:
A Bill to be entitled an Act to amend an Act creating the Peace Officers' Annuity and Benefit Fund, and for other purposes.
Referred to the Committee on State of Republic.
HB 709. By Messrs. Moate of Hancock, Hawkins of Screven and Jessup of Bleckley:
A Bill to be entitled an Act to amend an Act creating a Department of Public Safety, so as to provide for longevity compensation for certain members of the Department of Public Safety, and for other purposes.
Referred to the Committee on State of Republic.
By unanimous consent, the following Bills and Resolutions of the House were read the second time:
HB 664. By Mr. Sivell of Harris:
A Bill to be entitled an Act to amend an Act entitled "To incorporate the Town of Chipley, and for other purposes.
HB 665. By Mr. Caldwell of Upson:
A Bill to be entitled an Act to repeal an Act pertaining to the repeal or amendment of charters of certain cities, and for other purposes.
HB 666. By Mr. Harper of Gilmer:
A Bill to be entitled an Act to amend an Act creating the office of County Commissioner of Gilmer County and creating an Advisory Board of said county, and for other purposes.
HB 667. By Messrs. Moate of Hancock, Hawkins of Screven, Matthews of Clark, Roughton of Washington, Freeman of Monroe, Jessup of Bleckley and others:
A Bill to be entitled an Act to amend an Act known as the "State-wide Probation Act", so as to provide for a Director of Probation rather than a Chief Probation Supervisor, and for other purposes.
HB 668. By Messrs. Rogers of Heard, Irwin of Habersham, Nichols of Towns, Barrett of Cherokee, Perkins of Grady and Veal of Putnam:
A Bill to be entitled an Act to provide that in all cases where a licensee
MONDAY, JANUARY 20, 1958
75
or an applicant for a license is required to post a bond with the Commissioner of Agriculture, the Commissioner is authorized to accept in lieu thereof cash, government bonds, treasury notes, or their equiva lent where the licensee or applicant cannot obtain the prescribed bond, and for other purposes.
HB 669. By Messrs. Cloud and Taylor of Decatur:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Bainbridge, so as to authorize said City through its Mayor and Council to sell, lease, or dispose of in any manner whatsoever any property owned by said City of such terms and conditions as thought best by a majority of the Mayor and Council, and for other purposes.
HB 670. By Messrs. Moate of Hancock, Hawkins of Screven and Scoggin of Floyd:
A Bill to be entitled an Act to prescribe the number of directors for corporations incorporated by the Secretary of State; to prescribe the effect of this Act, and for other purposes.
HB 671. By Messrs. Moate of Hancock, Hawkins of Screven and Jessup of Bleckley:
A Bill to be entitled an Act to amend an Act creating the State Bridge Building Authority so as to provide for bridge project construction contracts with any county of this State, so as to permit construction of additional projects with surplus proceeds of the sale of bonds here after made, and for other purposes.
HB 672. By Messrs. Winkle and Smith of Whitfield:
A Bill to be entitled an Act to amend an Act consolidating, amending and codifying the various Acts incorporating the City of Dalton, so as to change certain provisions relating to the Civil Service Commission of Dalton; and for other purposes.
HB 673. By Mr. Huddleston of Fayette:
A Bill to be entitled an Act to change the terms of the Superior Court of Fayette County; and for other purposes.
HB 674. By Mr. Overby of Hall:
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 where conditional bills of sale are for $600.00 or less in amount, and relate to household and kitchen furniture, furnishings, goods and appliances, they must be filed for record within two years of their date; and for other purposes.
HB 675. By Messrs. Greene and Bradley of Bartow:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Cartersville, so as to change the corporate limits of said City, and for other purposes.
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JOURNAL OF THE HOUSE,
HB 676. By Messrs. Lanier of Candler, Fowler of Douglas, Ray of Warren, Fordham and Alien of Bulloch, McKenna of Bibb and Carlisle of Bibb:
A Bill to be entitled an Act to amend an Act regulating the marketing of eggs, so as to re-define fresh eggs; to provide that each container of eggs must be labeled to show weight and standard of quality; and for other purposes.
HB 677. By Mr. McClelland of Fulton:
A Bill to be entitled an Act to amend an Act pertaining to capital gains and losses, by providing that a long-term capital gain shall include any capital gain dividend as defined by the U. S. Internal Revenue Code, and for other purposes.
HB 678. By Messrs. Greene and Bradley of Bartow:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Cartersville, so as to change the provisions relating to school funds; and for other purposes.
HB 679. By Messrs. Morris and Bodenhamer of Tift:
A Bill to be entitled an Act to amend an Act entitled "An Act creating and providing a new charter for the Town of Omega, and for other purposes.
HB 680. By Messrs. Greene and Bradley of Bartow:
A Bill to be entitled an Act to amend an Act abolishing the office of County Treasurer of Bartow County and providing that the clerk of the Board of Commissioners of Roads and Revenues of Bartow County shall perform the duties of the Treasurer, and for other purposes.
HB 681. By Messrs. Reed, Holcombe and Willingham of Cobb:
A Bill to be entitled an Act to grant the governing authority of each county the power to prohibit, regulate or license pinball machines; and for other purposes.
HB 682. By Messrs. Russell of Barrow, Holcombe and Reed of Cobb:
A Bill to be entitled an Act to amend an Act relating to the failure to pay for agricultural products, so as to extend the provisions of said section to all sales of such products, including timber and pulpwood unless credit shall be expressly extended therefor; and for other purposes.
HB 683. By Messrs. Holcombe, and Reed of Cobb, and Russell of Barrow:
A Bill to be entitled an Act to require registration of certain firearms with the Ordinary before carrying or transporting such firearms; and for other purposes.
HB 684. By Messrs. Holcombe and Reed of Cobb, and Russell of Barrow:
A Bill to be entitled an Act to amend an Act relating to the counter-
MONDAY, JANUARY 20, 1958
77
feiting, alteration, possession, and knowingly uttering or passing any bank note, bill, check, or draft, so as to extend the provisions of the above sections to all banks, and for other purposes.
HB 685. By Messrs. Carlisle, McKenna and Wilson of Bibb:
A Bill to ratify and confirm the action of the City of Macon and of the Mayor and Council thereof in closing, vacating and abandoning portion of 10 foot alley running through Square, and for other purposes.
HB 686. By Messrs. Cheatham of Chatham, Barber of Jackson, Nilan of Muscogee, Duncan of Carroll, Scoggin of Floyd and Hall of Floyd:
A Bill to be entitled an Act to provide for a system of junior colleges in this State, and for other purposes.
HB 687. By Messrs. Tarpley of Union, Ellis of Henry, Pelham of Schley, Johnson of Jenkins and Short of Colquitt.
A Bill to be entitled an Act to revise, consolidate and supercede all laws relating to the creation of the Department of Public Safety, and for other purposes.
HR 268-687e. By Messrs. Cheatham of Chatham, Barber of Jackson, Nilan of Muscogee, Duncan of Carroll, Scoggin of Ployd and Hall of Floyd:
A Resolution proposing an amendment to the Constitution so as to authorize certain political subdivisions of the State to establish colleges, and for other purposes.
HR 269-687b. By Messrs. Greene and Bradley of Bartow:
A Resolution proposing an amendment to the Constitution so as to provide for the election of the County School Superintendent of Bartow County by the people; and for other purposes.
HR 270-687c. By Messrs. Stephens of Clarke, Fowler of Douglas and Brooks of Oglethorpe:
A Resolution to authorize and direct the Budget Bureau to provide funds necessary to construct a building and matters related thereto, including, but not limiting thereto, the purchase of land, said building to be used for the purpose of storing valuable records of the State and restoring valuable records of the State, and for other purposes.
HR 271-687d. By Messrs. Moate of Hancock and Hawking of Screven:
A Resolution authorizing the placing of busts of two Georgia signers of the U. S. Constitution in the Georgia Hall of Fame at the State Capitol, and for other purposes.
HR 272-687e. By Mr. Denmark of Liberty:
A Resolution proposing an amendment to the Constitution so as to provide for the election of the members of the Board of Education of Liberty County by the people; and for other purposes.
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JOURNAL OF THE HOUSE,
HR 273-687f. By Mr. Hurst of Quitman:
A Resolution proposing an amendment to the Constitution so as to provide for the election of members of the Board of Education of Quitman County, and for other purposes.
HR 274-687g. By Mr. Denmark of Liberty:
A Resolution proposing an amendment to the Constitution so as to create the Liberty County Industrial Authority, and for other purposes.
HR 275-687h. By Mr. White of Mclntosh:
A Resolution proposing an amendment to the Constitution so as to provide that the Board of Education of Mclntosh County shall be composed of five members to be elected by the people, and for other purposes.
HR 276-687L By Mr. Harper of Gilmer:
A Resolution proposing an amendment to the Constitution so as to provide for the election of the members of the Board of Education of Gilmer County by districts; and for other purposes.
HR 277-687J. By Messrs. Tarpley of Union, Ellis of Henry, Johnson of Jenkins and Short of Colquitt: A Resolution proposing that the State Highway Department take action to clear the right of ways along State Highways of all obstacles, both natural and man-made, that present a hazard to the operation of motor vehicles; and for other purposes.
HR 278-687k. By Messrs. Tarpley of Union, Ellis of Henry, Johnson of Jenkins, Pelham of Schley and Short of Colquitt: A Resolution proposing the compilation of all laws relating to the operation of motor vehicles, the Department of Public Safety and juris diction over traffic offenses into a single pamphlet to be made avail able to the general public, and for other purposes.
HB 688. By Mr. Killian of Glynn: A Bill to be entitled an Act to amend Title 114 .of the Code of Georgia of 1933, relating to Workmen's Compensation; to provide for voca tional rehabilitation services; to provide for payment of benefits, main tenance and medical expenses during period of rehabilitation; 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 265. By Messrs. Lee and Blalock of Clayton: A Resolution commending Brigadier General Joseph R. Ranck, Com manding General of the Atlanta General Depot, Forest Park, Georgia; and for other purposes.
MONDAY, JANUARY 20, 1958
79
HR 266. By Mr. Hawkins of Screven:
A Resolution calling a joint session of the House of Representatives and the Senate for the purpose of electing members of the State High way Board of Georgia; and for other purposes.
HR 267. By Messrs. Moate of Hancock, Hawkins of Screven and Jessup of Bleckley:
A Resolution to appoint a joint House-Senate Committee for the purpose of studying the feasibility of the purchase of the Central of Georgia port facilities and dock by the State of Georgia.
HR 284. By Mr. Fowler of Douglas: A Resolution inviting Dean Murray to address the House and Senate.
The following Resolutions of the House were read and referred to the Com mittee on State of Republic:
HR 288. By Messrs. Cocke of Terrell, Denmark of Liberty, Cloud of Decatur and Caldwell of Upson:
A RESOLUTION
Relating to inspection of the coastal facilities of the Game and Fish Commission; and for other purposes.
WHEREAS, the Natural Resources Committee of the House is planning an inspection of the coastal facilities of the Game and Fish Commission on February 6th through February 9th, and
WHEREAS, such Committee would like to have the entire mem bership of the House accompany it on such inspection trip;
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the entire membership of the House is hereby authorized to accompany the Natural Resources Committee of the House on the aforesaid inspection trip and that all members of the House receive the regular compensation, per diem, allowances and travel expenses in connection therewith, upon approval of the Chairman of the Committee.
HR 289. By Messrs. Overby of Hall, Jessup of Bleckley, and Jones of Baker:
A RESOLUTION
Relating to the Election Laws Study Committee; and for other purposes.
WHEREAS, the Election Laws Study Committee was created at the 1957 Session of the General Assembly of Georgia to conduct a study of all the election laws of this State and all laws relating directly or indirectly thereto, and
WHEREAS, as a result of the first phase of its study, the Com mittee has recommended revisions in the registration laws of this State, and legislation relative thereto has been introduced at this Session, and
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JOURNAL OF THE HOUSE,
WHEREAS, the Committee will continue to perform its duties and conduct a study of further election laws, and
WHEREAS, the members of the Committee have worked con scientiously and industriously,
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Election Laws Study Committee be commended for its efforts and be urged to continue the good work it has started.
BE IT FURTHER RESOLVED that expenses incurred by mem bers and staff members be paid from funds appropriated to or available to the legislative branch of the government, and that the provisions as to limitation of funds contained in the Resolution creating the Com mittee are hereby removed.
The following Resolution of the House was read and referred to the Com mittee on Rules:
HR 290. By Mr. Hawkins of Screven:
A RESOLUTION
To amend House Rules 152 and 153; and for other purposes.
WHEREAS, House Rules 152 and 153 were adopted from the con stitutional provisions relating to the introduction of rejected Bills and meetings of the General Assembly, and
WHEREAS, such provisions of the Constitution have been changed from the way they now exist in Rules 152 and 153,
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that Rule 152 is hereby amended by striking the same in its entirety and inserting in lieu thereof a new Rule 152 to read as follows:
"Rule 152. All Acts shall be signed by the President of the Senate and the Speaker of the House of Representatives, and no Bill or Resolution, intended to have the effect of a law, which shall have been rejected by either house, shall be again proposed during the same session, under the same or any other title, without the consent of two-thirds of the House by which the same was rejected."
BE IT FURTHER RESOLVED that Rule 153 is hereby amended by striking the same in its entirety and inserting in lieu thereof a new Rule 153 to read as follows:
"Rule 153. The General Assembly shall meet in regular ses sion on the second Monday in January, 1955, and annually there after on the same day until the date shall be changed by law. By concurrent Resolution adopted by a majority of members elected to both houses, the General Assembly may adjourn any regular session to such later date as it may fix for reconvening in regular session, but shall remain in regular session no longer than forty (40) days, in the aggregate, in each year during the term for which the members were elected. All business pending in the Senate or House at the adjournment of any regular session may be con-
MONDAY, JANUARY 20, 1958
81
sidered at any later regular session of the same General Assembly, as if there had been no adjournment. Nothing herein shall be construed to affect the power of the Governor to convoke the General Assembly in extraordinary session, or the duty of the Governor to convene the General Assembly in extra-ordinary ses sion upon the certificate of three-fifths of the members elected to the Senate and the House of Representatives, as provided in Article V, Section I, Paragraph XII of this Constitution. If an empeachment trial is pending at the end of any regular or extraordinary session, the Senate may continue in session until such trial is com pleted."
The following Resolutions of the House were read and adopted:
HR 291. By Mr. Hawkins of Screven:
A RESOLUTION
Inviting Dr. Marshall H. Brucer to address the General Assembly; and for other purposes.
WHEREAS, Dr. Marshall H. Brucer, Director of the Medical Di vision at the Oak Ridge Institute of Nuclear Studies since 1949, is one of the leading scientists in the nuclear medical field, and is inter nationally known for his work in the application of radioisotopes to the medical field, and has represented the Atomic Energy Commission at all international conferences on radioisotopes in medicine, and
WHEREAS, he is one of the three American members of the Editorial Board of the "International Journal of Applied Radiation and Isotopes", as well as the Chairman of the Southeastern Section of the Society of Experimental Biology in Medicine, and
WHEREAS, he is credited with leading the development of the use of Cobalt 60 in the treatment of cancer, and
WHEREAS, it would be of great benefit and advantage to the members of the General Assembly to hear an address by Dr. Brucer,
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that Dr. Marshall H. Brucer is hereby extended an invitation to address a joint session of the House and Senate during the 1958 Session of the General Assembly.
BE IT FURTHER RESOLVED that the Lieutenant Governor and the Speaker of the House are hereby authorized and directed to ar range a suitable date and time with Dr. Brucer for his appearance and make whatever arrangements necessary thereto.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a copy of this Resolution to Dr. Brucer.
HR 292. By Mr. Hawkins of Screven:
A RESOLUTION
Inviting Honorable E. L. "Tic" Forrester to address the General Assembly; and for other purposes.
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JOURNAL OF THE HOUSE,
WHEREAS, Honorable E. L. "Tic" Forrester, United States Representative from the 3rd Congressional District, has made an out standing record during the time he has been a member of Congress, and
WHEREAS, he has made an aggressive fight against those who would destroy our country and has become a respected leader of the forces combating communism, and
WHEREAS, he is a champion of democracy and a courageous de fender of the viewpoint of the South and the State he represents.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that Honorable E. L. "Tic" Forrester is hereby extended an invitation to address a joint session of the House and Senate during the 1958 Session of the General Assembly.
BE IT FURTHER RESOLVED that the Lieutenant Governor and the Speaker of the House are hereby authorized to arrange a suit able date and time with Congressman Forrester for his appearance and make whatever arrangements are necessary related thereto.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby directed to transmit a copy of this Resolution to Congressman Forrester.
HR 293. By Mr. Hawkins of Screven:
A RESOLUTION
Inviting Honorable Marion Folsom to address the General As sembly; and for other purposes.
WHEREAS, Honorable Marion Folsom, United States Secretary of Health, Education and Welfare and former Undersecretary of the Treasury, has made an outstanding record during his tenure of office, and has a list of enviable achievements in private and public life, and
WHEREAS, he was born in McRae, Georgia and received a bache lor's degree from the University of Georgia, and
WHEREAS, it would be of great advantage and interest to the members of the General Assembly to hear an address by Mr. Folsom,
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that Honorable Marion Folsom is hereby extended an invitation to address a joint session of the House and Senate during the 1958 Session of the General Assembly.
BE IT FURTHER RESOLVED that the Lieutenant Governor and the Speaker of the House are hereby authorized to arrange a suit able date and time with Mr. Folsom for his appearance and make what ever arrangements necessary thereto.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a copy of this Resolution to Mr. Folsom.
The following Resolution of the House was read and referred to the Com mittee on Industry:
MONDAY, JANUARY 20, 1958
83
HE 294. By Mr. Overby of Hall:
A RESOLUTION
Relating to preservation and improvement of a favorable industrial climate for Georgia; and for other purposes.
WHEREAS, during the past ten years, under a prevailing favor able industrial climate, Georgia has attracted many new manufacturing plants and has experienced broad expansion of its existing industry, to the benefit of its overall economy arid all of its people; and
WHEREAS, for this greatly needed attraction and expansion to continue, it will be vitally important for Georgia to maintain and im prove its industrial climate; and
WHEREAS, capital investment must be provided to create the employment opportunities necessary to meet the demands of a rapidly increasing population; and
WHEREAS, industry and agriculture are the basis on which the total business economy rests; and
WHEREAS, the growth and development of industry provides much needed revenue for community and governmental services as well as payrolls, directly or indirectly, for the benefit of all our people; and
WHEREAS, our State's favorable industrial climate is conducive to rapid industrial development and attitudes creating an unfavorable industrial climate would deter such development and expansion; and
WHEREAS, the improvement and preservation of our industrial climate is in the public interest and essential to the economic progress of our State; and
WHEREAS, a favorable industrial climate is defined as:
(1) Fair and equitable treatment in general legislation, judicial determination and administrative regulation,
(2) Adequate but economical government,
(3) Equitable taxation which is neither confiscatory nor dis criminatory.
(4) Labor-management relations based on equal responsibility and dedicated to the welfare of the individual employee, and
(5) The preservation and fostering of an economic atmosphere predicated on the free enterprise system and devoted to the full develop ment of resources for the benefit of all people;
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that henceforth, all proposed legislation relating to or affecting business, industry and agriculture shall be examined in terms of its effect upon the industrial climate of the State and to determine whether such legislation may have any future dis criminating or deterring effect upon the investment of capital and, therefore, economic progress.
BE IT FURTHER RESOLVED that the member of the General Assembly hereby request all administrative officials of the State to
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examine their individual discretionary actions and orders which in any way relate to business, industry and agriculture in terms of the effect such action may have upon the industrial climate in Georgia.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby directed to transmit a copy of this Resolution to the Governor, the Lieutenant Governor and the heads of the various State depart ments and agencies.
Under the provisions of HR 248, the Speaker appointed the following mem bers as a Committee of Escort on the part of the House:
Messrs. Floyd of Chattooga, McKenna of Bibb and Summers of Crisp.
The Hour of 11:30 a. m. having arrived, the Senate appeared upon the floor of the House and convened in Joint Session for the purpose of hearing a message from the Honorable Richard L. Rouderbush, Commander in Chief of Veterans of Foreign Wars.
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, Honorable Richard L. Rouderbush and other distinguished guests appeared upon the floor of the House.
Lieutenant Governor Vandiver presented to the General Assembly, Com mander Rouderbush, who delivered the following address:
When my good friend, and I am sure a good friend of most of you, Jim Floyd, informed me that I was to speak before your dis tinguished body today, I was left in something of a quandry. As the Commander-in-Chief of the Veterans of Foreign Wars, I have the opportunity to speak before many groups, but certainly I feel this is an extra special occasion.
It would be presumptuous for me to stand here and discuss prob lems that effect only you here in Georgia, for naturally, not being a native, I am not versed on that subject. With that in mind, I propose to use the time you have so generously granted me to discuss the aims and objectives of the Veterans of Foreign Wars and some of the prob lems that face our nation today. I lump these two subjects together, because the aims and objectives of the V.F.W. go hand-in-hand with the security of the United States. This is so because we believe that concern with the activities of our government is one of the duties of good citizenship and good citizenship is one of the necessary ingredients of our form of government.
Mark Twain, great philosopher and wit, once said, "A little citizen ship ought to be taught at the mother's knee and in the nursery. Citi zenship is what makes a republic; monarchies can get along without it. What keeps a republic on its' legs is good citizenship." UNQUOTE
That is exactly why the Veterans of Foreign Wars constantly emphasize the duties and responsibilities of loyal citizens.
MONDAY, JANUARY 20, 1958
85
Loyalty is especially important. It means "true or faithful in all allegiance." It is one of the noblest words in the language of all races because it symbolizes each of the sublime religious, ethical and patriotic feelings of man: loyalty to God, loyalty to family, and loyalty to country.
Today, we face a critical time in world history. Black clouds hang on the international horizon, carrying therein the making of storms of titanic force--the full fury of which, if unleased, no man can accu rately forecast. The time has come for some soul-searching. "What can I do to help my country." Or to put it another way: "How can I, indi vidually or collectively, do something to counteract the forces of evil with which my country is confronted?"
The challenge to all citizens is: what can we do to support our country? As individual citizens we must look to our leadership--to men like you of this Georgia legislature. In the main we elect the leaders; therefore, we secure the leadership we deserve. Teddy Roosevelt once said, and I am in full accord: "There can be no cessation on our part to put honest, intelligent and loyal men in positions of trust." UNQUOTE.
This means a full and fearless exercise of our right to vote for the best candidate--the exercise of the secret ballot. Recognizing this necessity, the Veterans of Foreign Wars annually stresses the im portance that all citizens fulfill this important obligation.
We must resolve that: we will vote at all elections; we will inform ourselves on candidates and issues, and will use our greatest influence to see that honest capable officials are elected; we will accept public office when we can serve our community or our country thereby. In this way, and only this way, will we purge our government of graft, corruption, and malfeasance when its ugly head arises.
This brings us to another duty of the citizen--"What is my attitude toward the community in which I live?"
Americans perform more community service than do the citizens and subjects of any other country in the world. This is true because it is inherent in a government of the people, by the people, and for the people, that the people must occupy themselves with social problems that face the community. We of the Veterans of Foreign Wars are indeed proud of the record we have established in this field. Last year our 10,000 posts around the country completed more than 600,000 indi vidual community service projects. I feel confident that most of you sitting here today have felt the effects of some of these projects in your community. Our slogan has long been "service to the veteran and service to the community."
All programs of community service have, in the man, high aims_ in brief: to extend and perfect the means of education; to stimulate church attendance; to improve conditions of labor; to secure better housing and sanitation; to give aid and comfort to the aged, veteran and non-veteran alike, the widows, the bed-ridden, and the orphans; to support civil defense and blood donor programs; and many other great causes--all directed to making the community, and thereby America, a better place in which to live, with the end result that by our actions and deeds the world will know that democracy works. To put, and keep, our own house in order is of top priority in the performance of our duties as loyal Americans.
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The Veterans of Foreign Wars believe that such activities make for a better and stronger America. Citizen responsibility is the price for the American free way of life.
As Americans, we should remember that democracy is never an ism, but has always been our way of living, and that we must un remittingly resist those unalterably opposed to it.
For this reason we feel that as a large national organization com prised of one million, three hundred thousand overseas veterans, one of the most effective contributions we can make to the republic is to continue with unabated vigor our fight against Communism and all that it stands for.
This conclusion was reached after careful re-examination of our Communist Russia's past performance in keeping international obli gations and treaty commitments, as well as a re-check of the expressed and implied goals of International Communism as enunciated by the grand masters of the Kremlin through the years.
We wish it were possible to think differently, but cold facts compel a realistic appraisal. However, no group in American life will work harder to relieve International tensions, or years more for a lasting peace than the veterans of our wars--men and women who know what war is. On the other hand, we refuse to be lulled into complacency or rest upon our oars.
We of the Veterans of Foreign Wars propose to do all we can to alert this nation to the dangers of complacency and the threat of Com munism. In this regard, I honestly believe we received the greatest assist in history from Russia when that country announced to the world that it had successfully launched an earth sattelite.
Up until that time, I'm afraid, America was asleep at the switch. Most of our citizens were confident that we surpassed Russia in all fields of defense. Every remark from public officials seemed to indicate that we had little or nothing to worry about. Most of us were primarily concerned with lowering the taxes, and living a better life. Had we remained in this disastrous frame of mind for just a while longer, we now have every reason to believe that all might have been lost in the not too distant future.
All of that has been changed now. The President indicated in his recent budget message to the Congress that adequate national security would now be the number one item on the agenda. Few, if any people --aside from the Communists--will have quarrel with this program. Two years ago there would have been no such agreement for these huge expenditures for defense. The reason being, we were all com placent. It is for this reason that I think we all owe a vote of thanks to Mr. Kruschev and his cohorts. They blew the whistle that put a stop to our idle day dreaming.
Now that we have been forewarned, I sincerely hope that all of our citizens in our country take heed--will guard against any such complacency in the future and will demand that this country continue to exert every effort towards a more advanced and more comprehensive scientific program. No one has ever been able to top the United States yet when we decided to make an all-out effort. I feel confident that no one will in the future if we make this effort.
MONDAY, JANUARY 20, 1958
87
We, of the Veterans of Foreign Wars recognize that this is not a problem for the law-makers and defense department officials alone-- but rather a job for all of us. With that in mind I shall ask our state and local leaders to enter into a program with local school officials aimed at raising the standards of scientific courses on the graded and high school level. I feel that there will be many ways in which we can help if school officials will give us an opportunity. I realize that the problem in each community is different and for that reason we are not outlining any set program to cover all schools, but rather will submit an outline of suggested fields in which our Posts can assist local school officials if assistance is needed.
And now in closing, I would like to suggest that in this hazardous period through which we are passing, we must hold fast to our Inter national policies of peace and protection. As a nation, we desire no territory that belongs to others or political control of other peoples. However, there must be no slackening of our efforts to maintain a strong defense, of fulfilling all our international commitments, or of continuing to try to build with justice and honor an unpassable road block to an atomic or hydrogen war.
I ask that all our people spend more time with public affairs, a little more time to alert others to the danger of complacency, a little more time to help kindle the fires of patriotism and religion in the hearts of our brother man. If it is not done in high places and low-- then we may well lose all that our fathers, and our fathers' fathers fought so hard for.
The hours of 12:00 o'clock noon, having arrived under the provisions of HR 266, adopted by the House and Senate on January 16, 1958, the Senate being already upon the floor of the House, the General Assembly convened in Joint Session for the purpose of caucusing and electing (1) a member of the State Highway Board from the Northern Highway District to succeed Honorable John E. Quillian, for a full term of six years, ending on February 8, 1958; (2) a member of the State Highway Board from the Central Highway District for the unexpired term of Honorable Roger H. Lawson, ending February 8, 1960.
The President of the Senate again called the Joint Session to order.
The Secretary of the Senate read the Resolution providing for the Joint Session.
At the direction of the President, the Secretary read the following notice which had been mailed to each member of the General Assembly on January 15, 1958:
HOUSE OF REPRESENTATIVES
Atlanta
To All Members of the General Assembly of Georgia:
The term of office of the member of the State Highway Board of Georgia from the Northern State Highway District expires February 8, 1958. Honorable John E. Quillian is now serving as such member by virtue of having been elected as such by the General Assembly.
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JOURNAL OF THE HOUSE,
Upon the resignation of Honorable Roger H. Lawson as a member of the State Highway Board of Georgia from the Central State Highway District, Honorable George L. Mathews was appointed to serve as such member until the meeting of the General Assembly in 1958, and until an election of a member from such District by the General Assembly. Mr. Lawson had previously been elected to serve the unexpired portion of the term of Honorable Dixon Oxford, which term expires February 8, 1960.
It is necessary that the General Assembly elect a person as a mem ber of the State Highway Board of Georgia from the Northern State Highway District to succeed Honorable John E. Quillian and to elect a person to serve the unexpired term of Honorable Dixon Oxford.
Pursuant to the provisions of the Act creating the State Highway Board of Georgia, codified as Section 95-1602 of the Annotated Code of Georgia, a caucus is hereby called, to be held in the Hall of the House of Representatives at the State Capitol in Atlanta, Georgia on January 20, 1958 at 12:00 o'clock noon for the purpose of electing a member of the State Highway Board from the Northern State Highway District for a term to expire on February 8, 1964, and to elect a person to serve the unexpired portion of the term of Honorable Dixon Oxford, whose term expires on February 8, 1960, and such person shall represent the Central State Highway District.
S. Ernest Vandiver President of the Senate
Marvin E. Moate Speaker of the House
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 Northern Highway District to succeed Honorable John E. Quillian.
Mr. Overby of Hall placed in nomination the name of Honorable John E. Quillian of Hall County to succeed himself as a member of the State Highway Board of Georgia from the Northern Highway District, for a full term of six years ending February 8, 1964.
Senator Ellard of the 31st, Representatives Scoggin of Floyd, and Gunter of Hall seconded the nomination of Honorable John E. Quillian.
Mr. Smith of Fulton, being unable to second the nomination of John E. Quillian because of illness, asked that the following letter be read to the General
Assembly:
Atlanta, Ga. January 20, 1958 To: Lt. Gov. Ernest Vandiver House Speaker Marvin Moate Members of the Senate and House of Representatives
It is with a great deal of pleasure that I second the nomination of the Honorable John E. Quillian to succeed himself as a member of the State Highway Board of Georgia from the Northern State Highway District.
MONDAY, JANUARY 20, 1958
89
Mr. Quillian has worked diligently in this capacity during the past term and his efforts, coupled with the other members of the Highway Board have resulted in much progress for our State Board System. Appreciating his efforts it is my sincere hope that he will again repre sent the Northern District of this important Board.
M. Muggsy Smith Representative, Fulton County
Mr. Hawkins of Screven moved that the nominations be closed, and the motion prevailed.
HR 295--JR. # 1. By Mr. Hawkins of Screven:
A RESOLUTION
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that Honorable John E. Quillian is hereby elected and de clared to be a member of the State Highway Board of Georgia, from the Northern State Highway District, to succeed himself for a full sixyear term, expiring on February 8, 1964.
BE IT FURTHER RESOLVED that a copy of this Resolution be delivered to His Excellency, the Governor, and to the Secretary of State, and that said Honorable John E. Quillian be commissioned as a member of said Board for a term as aforesaid.
Mr. Hawkins of Screven asked unanimous consent that the Secretary be directed to cast the vote of the entire membership present of the General As sembly for the adoption of the Resolution and the election of Honorable John E. Quillian as a member of the State Highway Board from the Northern Highway District for a full term of six (6) years beginning on February 9, 1958, and ending on February 8, 1964.
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 Senators:
Adams Bentley Brannen
Brown, 52nd Brown, 19th Butts Coker Cook Cox Crawford Deen
Drinkard Dunn
Edenfield Edge Ellard Foster Garrett Gill
Gillis Gould Hawes
Henderson Hill Holder Howard Howell Hughes Jackson Kelley, 10th
Kelly Langdale
Mallory Mashburn Moss McGarity McLaughlin Newman
Oxford Paris Pelham Peters Pound Roper Sammon Sanders Stafford Trotter Williams, 51st Williams, 49th Wilson Woodward Wright Young Mr. President
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JOURNAL OF THE HOUSE,
Those voting in the affirmative from the House were Messrs.:
Adams Alien Bagby Ballard Barber Barrett Baughman Birdsong Black Blalock of Coweta Blalock of Clayton Bodenhamer
Boggs Bolton Bradley Brennan Brooks of Fulton
Broome Budd Burkhalter
Busbee Cagle Caldwell
Callier A. Campbell of
Walker W. Campbell of
Walker Carlisle Carr Carswell Carter Chastain Cheatham Cheek Cloud Coalson Cocke Cowart Craven Crummey Denmark Dorminy Duncan Elder Ellis Eyler Floyd Flynt Fordham Fowler of Douglas Fowler of Treutlen
Frazier Freeman
Fuqua
Gowen Green of Rabun Greene of Bartow Grimsley Gross of Stephens Gross of Dade Hall of Lee Hall of Floyd Hardaway Harper Harrison Hawkins Helms Henderson Hendrix Hill Hodges of Ware Hodges of Butts Hogan Holcombe Hollo way Huddleston Hurst Ingle Irvin Jessup Johnson Jones of Wayne Jones of Worth Jones of Lumpkin Jones of Baker Jones of Laurens Jones of Sumter Jones of Crawford Kelley Kennedy Key Kidd Kimmons King Lam Lancaster Land Larkins Lee Lindsey Lokey Long Lott Love Mackay Mann Martin Matthews Miles
Miller of Twiggs Miller of Elbert Mobley Moorman Morris Moss Mull Murphy Murr Musgrove McClelland McCraeken McGibony McKenna McWhorter Neese Newton Nichols Nilan Odom Orr Overby Palmer Parker of Pike Parker of Ware Parker of Appling Payton Pelham Perkins Perry Peters Pettey Phillips of Columbia Phillips of Walton Pickard Pickett Ramsey Raulerson Ray Roberts Rodgers of Charlton Ross Roughton Rowland Russell Scoggin Sheffield Short Singer Sivell Smith of Forsyth Smith of Emanuel Smith of Lamar Smith of Whitfield Souter
MONDAY, JANUARY 20, 1958
91
Stephens Story Summers Tabb Tamplin Tarpley Taylor Todd Truelove Twitty
Underwood Veal Walker of Lowndes Walker of Telfair Watson Weems Wells White Willis Wilson
Winkle Wooten Wright of Floyd Wright of Dodge Yandle Young Mr Speaker
(Moate)
On the adoption of the Resolution the ayes ayes were 246, nays 0.
The President declared that the Resolution was adopted, and that Honorable John E. Quillian was elected as a member of the State Highway Board, from the Northern Highway District, to succeed himself, for a full term of six (6) years beginning on February 9, 1958, and ending on February 8, 1964.
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 Honorable Roger H. Lawson, ending February 8, 1960.
Mr. Jones of Sumter placed in nomination the name of Honorable George L. Mathews of Sumter County as a member of the State Highway Board from the Central Highway District for the unexpired term of Honorable Roger H. Lawson, ending February 8, 1960.
Mr. Jones of Sumter asked that the following be incorporated in the Journal :
Mr. Speaker, Members of the General Assembly of Georgia:
I am pleased to have the opportunity of presenting for your con sideration as a member of the State Highway Board of Georgia from the Central Highway District. No. 2 for the unexpired term of the Honorable Roger H. Lawson ending February 8, 1960 the name of my friend and neighbor, the Honorable George L. Mathews.
It has been my privilege to know Mr. Mathews for over thirty years.
Mr. Mathews has ably and continuously served Sumter County, Georgia, as a member of its Board of County Commissioners for twentyone years. He presently occupies the chairmanship of that board, which position he has held for a number of years.
As a testimony to his ability and integrity the County Commis sioners Association of Georgia has accorded him its highest honor by making him its president, in which position he served with distinction.
I testify to you without fear of contradiction that no finer, no more able man could be obtained by the citizens of this state to look after their affairs in this area. In nominating the Honorable George L. Mathews as a member of the highway board, I do so with the certain feeling that at the expiration of his term there will be no regrets over his election.
Therefore, Mr. Speaker, I consider it a personal honor and privilege
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JOURNAL OP THE HOUSE,
as well as a service to my state to place in nomination to this body the name of the Honorable George L. Mathews to be a member of the State Highway Board of Georgia for the unexpired term of Honorable Roger H. Lawson ending on February 8, 1960, and in so doing, Mr. Speaker, I am so confident that his actions will justify these words, that I ask unanimous consent that these remarks be recorded upon the legislative journal.
Senator Hawes of the 30th District, Representatives Murr of Sumter and Jones of Laurens seconded the nomination of Hon. George L. Matthews.
Mr. Hawkins of Screven moved that the nominations be closed, and the motion prevailed.
The following Resolution was read:
HR 296--(JR #2). By Mr. Hawkins of Screven:
A RESOLUTION
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that Honorable George L. Mathews is hereby elected and declared to be a member of the State Highway Board of Georgia, from the Central State Highway District, for the unexpired term of Honor able Dixon Oxford, expiring on February 8, 1960.
BE IT FURTHER RESOLVED that a copy of this Resolution be delivered to His Excellency, the Governor, and to the Secretary of State, and that said Honorable George L. Mathews be commissioned as a member of said Board for a term as aforesaid.
Mr. Hawkins of Screven asked unanimous consent that the Secretary be directed to cast the entire vote of the membership present of the General As sembly for the adoption of the Resolution and the election of Honorable George L. Mathews as a member of the State Highway Board from the Central Highway District for the unexpired term of Honorable Roger H. Lawson, ending on Febru
ary 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 Senators:
Adams
Bentley Brannen
Brown, 52nd Brown, 19th Butts Coker
Cook Cox Crawford Deen Drinkard Dunn
Edenfield
Edge Ellard
Foster Garrett Gill Gillis
Gould Hawes Henderson Hill Holder Howard
Ho well
Hughes Jackson
Kelley, 10th Kelly Langdale Mallory
Mashburn Moss McGarity McLaughlin Newman Oxford
MONDAY, JANUARY 20, 1958
93
Paris Pelham Peters Pound Roper Sammon
Sanders Stafford Trotter Williams, 51st Williams, 49th Wilson
Woodward Wright Young Mr. President
Those voting in the affirmative from the House were Messrs.:
Adams Alien Bagby Ballard Barber Barrett Baughman Birdsong Black Blalock of Coweta Blalock of Clayton Bodenhamer Boggs Brackin Bradley Brooks of Oglethorpe Brooks of Fulton Broome Budd Burkhalter Busbee Cagle Caldwell Callier A. Campbell of
Walker W. Campbell of
Walker Carlisle Carr Carswell Carter Chastain Cheatham Cheek Cloud Coalson Cocke Cowart Craven Crummey Denmark Dorminy Echols Elder Ellis Fellows Floyd
Flynt Fowler of Douglas Fowler of Treutlen
Frazier Freeman
Fuqua Gowen Green of Rabun Greene of Bartow Grimsley Gross of Stephens Gross of Dade Hall of Floyd Hall of Lee Hardaway Harper Harrison Hawkins Helms Henderson Hendrix Hill Hodges of Ware Hodges of Butts Hogan Holcombe Holloway Huddleston Hurst Ingle Irvin Jessup Johnson Jones of Wayne Jones of Worth Jones of Lumpkin Jones of Baker Jones of Laurens Jones of Sumter
Jones of Crawford Kelley Kennedy Key Killian Kimmons King Lam Lancaster
Land Larkins Lee Lindsey Lokey Long Lott Love Mackay Mann Martin Matthews Miles Miller of Twiggs Miller of Elbert Mobley Moorman Morris Moss Mull Murphy
Murr Musgrove McClelland McCracken McGibony McKenna McWhorter Neese Nichols Nilan Odom Orr Overby Palmer Parker of Pike Parker of Ware Parker of Appling Pay ton Pelham Perkins Perry Peters Pettey Phillips of Columbia Phillips of Walton Pickard Pickett
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JOURNAL OF THE HOUSE,
Ramsey Raulerson Ray Roberts Rodgers of Charlton Ross Roughton Rowland Russell Scoggin Sheffield Short Singer Sivell Smith of Forsyth Smith of Emanuel
Smith of Lamar Smith of Whitfield Souter Stephens Story Summers Tabb Tamplin Tarpley Taylor Todd Truelove Twitty Underwood Veal Walker of Lowndes
Walker of Telfair Watson Weems Wells White Willis Wilson Winkle Wooten Wright of Floyd Wright of Dodge Yandle Young Mr Speaker
(Moate)
On the adoption of the Resolution the ayes were 246, nays 0.
The President declared that the Resolution was adopted, and that Honorable George L. Mathews of Sumter was elected as a member of the State Highway Board of Georgia for the Central Highway District, for the unexpired term of Honorable Roger H. Lawson, ending February 8, 1960.
Senator Hawes of the 30th moved that the Joint Session be now dissolved, and the motion prevailed.
The President of the Senate announced the Joint Session now dissolved.
The Speaker called the House to order.
Under the provisions of HR 286, to study the feasibility of purchasing Stone Mountain, the Speaker appointed on the part of the House the following members:
Messrs. Hawkins of Screven, Jones of Worth, Mackay of DeKalb, Sheffield of Brooks and Jessup of Bleckley.
Mr. Hawkins of Screven moved that the House do now adjourn until 11:00 o'clock, a.m., tomorrow morning, and the motion prevailed.
The Speaker announced the House adjourned until 11:00 o'clock tomorrow morning.
TUESDAY, JANUARY 21, 1958
95
Representative Hall, Atlanta, Georgia Tuesday, January 21, 1958.
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.
The roll was called and the following members answered to their names:
Adams Alien Bagby Ballard Barrett Baughman Birdsong Black Blalock of Coweta Blalock of Clayton Bodenhamer Boggs Brackin Bradley Brennan Brooks of Oglethorpe Brooks of Fulton Burkhalter Busbee Cagle Caldwell Callier A. Campbell of
Walker W. Campbell of
Walker Carlisle Carr Carswell Carter Chastain Cheatham Cheek Cloud Coalson Cocke Cowart Craven Denmark Dorminy Duncan Echols Elder Ellis Eyler
Fellows Floyd Flynt Fordham Fowler of Douglas Frazier Fuqua Green of Rabun Greene of Bartow Griffith Grimsley Gross of Stephens Gross of Dade Gunter Hall of Lee Hall of Floyd Hardaway Harper Harrison Hawkins Helms Henderson Hill Hodges of Ware Hodges of Butts Hogan Holcombe Holloway Huddleston Hurst Ingle Irvin Jessup Johnson Jones of Wayne Jones of Worth Jones of Lumpkin Jones of Baker Jones of Laurens Jones of Sumter Jones of Crawford Kelley Kennedy Key Kidd
Killian Kimmons King Lam Lancaster Land Lanier Larkins Lee Lindsey Lokey Long Lott Love Mackay Mann Martin Matthews Miles Miller of Twiggs Miller of Elbert Mobley Moorman Morris Moss Mull Murphy Murr Musgrove McClelland McCracken McGibony McKenna McWhorter Neese Nichols Nilan Odom Orr Overby Palmer Parker of Pike Parker of Ware Parker of Appling Payton
96
JOURNAL OF THE HOUSE,
Pelham Perkins Perry Peters Pettey Phillips of Columbia Phillips of Walton Pickard Pickett Ramsey Raulerson Ray Reed Roberts Rodgers of Charlton Ross Roughton Rowland Russell
Scoggin Singer Sivell Smith of Forsyth Smith of Emanuel Smith of Lamar Smith of Fulton Smith of Whitfield Smith of Bryan Souter Stephens Story Summers Tabb Tamplin Tarpley Taylor Todd Truelove
Twitty Underwood Veal Walker of Telfair Watson Weems Wells White Willingham Willis Wilson Winkle Wooten Wright of Floyd Wright of Dodge Yandle Young Mr Speaker
(Moate)
Mr. Black of Webster, Chairman of the committee on Auditing, Enrolling and Engrossing, 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 unan ; mous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions.
2. First reading and reference of House Bills and Resolutions.
3. Reports of Standing Committees.
4. Second reading of Bills and Resolutions.
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:
HB 710. By Mr. Harper of Gilmer:
A Bill to be entitled an Act to incorporate and establish the City of Ellijay in the County of Gilmer, and for other purposes.
Referred to the Committee on Local Affairs.
TUESDAY, JANUARY 21, 1958
97
HB 711. By Mr. Harper of Gilmer:
A Bill to be entitled an Act to incorporate and establish the City of Ellijay, and for other purposes.
Referred to the Committee on Local Affairs.
HB 712. By Mr. Fowler of Douglas:
A Bill to be entitled an Act to amend an Act regulating the practice of dentistry, so as to increase the annual registration fee; and for other purposes.
Referred to the Committee on Hygiene and Sanitation.
HB 713. By Mr. Fowler of Douglas:
A Bill to be entitled an Act to amend an Act pertaining to licenses to practice dentistry, so as to change the fee required of an applicant to take an examination for a license to practice dentistry, and for other purposes.
Referred to the Committee on Hygiene and Sanitation.
HB 714. By Mr. Fowler of Douglas:
A Bill to be entitled an Act to amend an Act regulating dental hygienists, so as to provide that the Board of Dental Examiners may revoke the license of a dental hygienist who shall not perform duties in accordance with law; and for other purposes.
Referred to the Committee on Hygiene and Sanitation.
HB 715. By Mr. Fowler of Douglas:
A Bill to be entitled an Act to amend an Act regulating dental hygien ists, so as to change the fee required for an applicant to take the exami nation to become a dental hygienist; and for other purposes.
Referred to the Committee on Hygiene and Sanitation.
HB 716. By Mr. Yangle of Toombs:
A Bill to be entitled an Act to amend an Act creating the office of Commissioner of Roads and Revenue in and for the County of Toombs, and for other purposes.
Referred to the Committee on Local Affairs.
HB 717. By Mr. Yandle of Toombs:
A Bill to be entitled an Act to amend an Act incorporating the City of Lyons, so as to change the corporate limits, and for other purposes.
Referred to the Committee on Local Affairs.
HB 718. By Messrs. Overby of Hall, Jessup of Bleckley, Orr of Wilkes and Jones of Baker:
A Bill to be entitled an Act to effect a complete revision of the laws of
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JOURNAL OF THE HOUSE,
this State relating to the qualification and registration of voters, and for other purposes.
Referred to the Committee on State of Republic.
HB 719. By Messrs. Twitty and Palmer of Mitchell:
A Bill to be entitled an Act to amend an Act creating the City Court of Camilla, and for other purposes.
Referred to the Committee on Local Affairs.
HB 720. By Messrs. Overby of Hall, Barber of Jackson, Mackay of DeKalb, Nilan of Muscogee and Holloway of Dougherty:
A Bill to be entitled an Act to supervise the business of private em ployment agencies; defining private employment agencies; vesting and empowering the Commissioner of Labor with the duty and authority to administer the provisions of this Act; and for other purposes.
Referred to the Committee on Industrial Relations.
HB 721. By Messrs. Baughman of Early, Carswell of Burke, Parker of Appling, Orr of Wilkes, Raulerson of Echols and Musgrove of Clinch:
A Bill to be entitled an Act to amend an Act entitled "An Act pro viding for the formation of cooperative non-profit membership corpora tions to be known as Electric Membership Corporations for the purpose of engaging in rural electrification by furnishing electrical energy, wiring assistance and facilities, electrical and plumbing equipment and services, to its members; and for other purposes.
Referred to the Committee on Industrial Relations.
HB 722. By Mr. Ingle of Gordon County:
A Bill to be entitled an Act to amend the Charter of the City of Calhoun providing for the extension of the city limits; and for other purposes.
Referred to the Committee on Local Affairs.
HB 723. By Messrs. Tamplin of Morgan, Ballard of Newton and Stephens of Clarke:
A Bill to be entitled an Act authorizing the governing authority of any county to levy a license tax on auctioneers selling merchandise belonging to themselves; and for other purposes.
Referred to the Committee on Ways and Means.
HB 724. By Mr. Cowart of Calhoun:
A Bill to be entitled an Act to amend an Act relating to the Commis sioners of Roads and Revenues for the County of Calhoun; and for other purposes.
Referred to the Committee on Local Affairs.
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99
HB 725. By Mr. Cowart of Calhoun:
A Bill to be entitled an Act to amend an Act creating a new charter for the Town of Leary; to provide a method of paving the streets, sidewalks and squares of said city; and for other purposes.
Referred to the Committee on Local Affairs.
HB 726. By Mr. Jessup of Bleckley:
A Bill to be entitled an Act to amend an Act relating to the salaries of county officers of Bleckley County; and for other purposes.
Referred to the Committee on Local Affairs.
HB 727. By Messrs. Cowart of Calhoun, Baughman of Early, Palmer of Mitchell, Ingle of Gordon and MacKenna of Bibb:
A Bill to be entitled an Act to repeal an Act pertaining to fishing on Sunday, and for other purposes.
Referred to the Committee on Natural Resources.
HB 728. By Mr. Ingle of Gordon:
A Bill to be entitled an Act to increase the compensation of the Sheriff of Gordon County, and for other purposes.
Referred to the Committee on Local Affairs.
HB 729. By Mr. Ingle of Gordon:
A Bill to be entitled an Act to provide for a Fire Protection District in Gordon County, and for other purposes.
Referred to the Committee on Local Affairs.
HB 730. By Mr. Ingle of Gordon:
A Bill to be entitled an Act to establish a Recorders Court for the City of Calhoun, and for other purposes.
Referred to the Committee on Local Affairs.
HB 731. By Mr. Helms of Atkinson:
A Bill to be entitled an Act to create and establish a County Court of Atkinson County, and for other purposes.
Referred to the Committee on Local Affairs.
HB 732. By Mr. Helms 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.
Referred to the Committee on Local Affairs.
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JOURNAL OF THE HOUSE,
HB 733. By Mr. Helms of Atkinson:
A Bill to be entitled an Act to amend an Act creating the office of Tax Commissioner of Atkinson County, and for other purposes.
Referred to the Committee on Local Affairs.
HB 734. By Mr. Overby of Hall:
A Bill to be entitled an Act to amend an Act relating to real estate brokers and salesmen, and for other purposes.
Referred to the Committee on Industry.
HB 735. By Messrs. Brennan, Cheatham and Eyler of Chatham:
A Bill to be entitled an Act to amend an Act relating to the State Game and Fish Commission and to Game and Fish, so as to prohibit the use of power drawn nets for the taking of shrimp for any purpose in the tidal rivers, etc., in certain counties, and for other purposes.
Referred to the Committee on Natural Resources.
HB 736. By Mr. McCracken of Jefferson:
A Bill to be entitled an Act to provide that reciprocal insurers author ized to do business in this State shall have and use a business name, and for other purposes.
Referred to the Committee on Insurance.
HB 737. By Messrs. Holeombe, Reed and Willingham of Cobb:
A Bill to be entitled an Act to amend an Act relating to the abolition of the fee system in Cobb County and the fixing of salaries for the Ordinary, Sheriff, and Clerk of the Superior Court, so as to change the compensation of the Deputy Sheriffs, and for other purposes.
Referred to the Committee on Local Affairs.
HB 738. By Messrs. Carlisle, McKenna and Wilson of Bibb:
A Bill to be entitled an Act to amend the Charter of the City of Macon relating to the Clerk and other Officers of Recorder's Court, and for other purposes.
Referred to the Committee on Local Affairs.
HB 739. By Messrs. Reed, Holeombe and Willingham 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 Local Affairs.
HB 740. By Messrs. Reed, Holeombe and Willingham of Cobb:
A Bill to be entitled an Act to amend an Act relating to the abolition of the Fee System in Cobb County and the fixing of salaries for the
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101
Ordinary, Sheriff and Clerk of the Superior Court, and for other purposes.
Referred to the Committee on Local Affairs.
HB 741. By Messrs. Murr and Jones of Sumter:
A Bill to be entitled an Act to repeal an Act entitled "Sumter County Employees Pension System and Fund, and for other purposes.
Referred to the Committee on Local Affairs.
HB 742. By Messrs. Overby of Hall, Holcombe of Cobb, Scoggin of Floyd, Palmer of Mitchell, Matthews of Clarke, Hall of Floyd, and Walker of Telfair:
A Bill to be entitled an Act to amend an Act providing for licensing of insurance agents, so as to provide that Insurance Councilors shall be licensed under said Act; and for other purposes.
Referred to the Committee on Insurance.
HB 743. By Messrs. Overby of Hall, Holcombe of Cobb, Scoggin of Floyd, Palmer of Mitchell, Matthews of Clarke, Walker of Telfair and Hall of Folyd:
A Bill to be entitled an Act to amend an Act relating to licensing of insurance agents, so as to provide that Insurance Councilors shall be licensed under said Act, and for other purposes.
Referred to the Committee on Insurance.
HB 744. By Mr. Rogers of Heard:
A Bill to be entitled an Act to provide that in counties having a popu lation of not less than 6,950 nor more than 7,000, the Tax Commissioner shall not be required to make the rounds required of the Tax Receiver and the Tax Collector, and for other purposes.
Referred to the Committee on Local Affairs.
HR 297-744a. By Mr. McWhorter of DeKalb:
A Resolution compensating Mrs. Christine Howell Ivie, and for other purposes. Referred to the Committee on Appropriations.
HR 298-744b. By Mr. Tamplin of Morgan:
A Resolution to compensate Mrs. W. F. Manley, and for other purposes. Referred to the Committee on Appropriations.
HR 299-744C. By Messrs. Overby of Hall, Jessup of Bleckley, Orr of Wilkes and Jones of Baker: A Resolution proposing an amendment to the Constitution so as to change certain provisions relating to the qualifications and registration of voters, and for other purposes.
Referred to the Committee on State of Republic.
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JOURNAL OP THE HOUSE,
HR 300-744d. By Messrs. Coalson and Pickett of Polk:
A Resolution proposing an amendment to the Constitution so as to authorize the County Board of Education of Polk County to borrow funds and pledge certain building funds to the payment thereof; and for other purposes.
Referred to the Committee on Local Affairs.
HR 301-744e. By Mr. Busbee of Dougherty:
A Resolution to compensate Mrs. Ettean Brown Sullivan, and for other purposes.
Referred to the Committee on Appropriations.
HR 302-744f. By Mr. Busbee of Dougherty: A Resolution to compensate Mr. Sim Brown; and for other purposes.
Referred to the Committee on Appropriations.
HR 303-744g. By Mr. Ellis of Henry:
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 Henry County by the people, and for other purposes.
Referred to the Committee on Local Affairs.
HR 304-744h. By Mr. Ellis of Henry:
A Resolution to authorize compensation to Mr. Elias Pink Griswell, and for other purposes.
Referred to the Committee on Appropriations.
The Speaker recognized Mr. Perry of Marion, who presented prominent digni taries of Marion County, and the members of the Marion County High School Band, who rendered several entertaining selections for the pleasure of the mem bers of the House of Representatives.
By unanimous consent, the following Committee Reports were submitted and read:
Mr. Hawkins of Screven County, 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 Vice Chairman to report the same back to the House with the following recommendation:
HR 286. Do Pass.
Respectfully submitted,
Hawkins of Screven, Vice Chairman.
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103
Mr. Overby of Hall 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 629. Do Pass.
Respectfully submitted,
Overby of Hall, Chairman.
By unanimous consent, the following Bills and Resolutions of the House were read the second time:
HB 689. By Mr. Overby of Hall:
A Bill to be entitled an Act to provide that it shall be unlawful to sell or offer for sale at retail, motor fuel unless the seller shall display certain signs; and for other purposes.
HB 690. By Mr. Veal of Putnam:
A Bill to be entitled an Act to amend an Act known as the "Statewide Probation Act", so as to provide that the court may not order a pro bationer to make reparation or restitution to any aggrieved person for the damage or loss caused by his offense where the amount of such damage or loss is in dispute unless the same shall have been adjudicated; and for other purposes.
HB 691. By Mr. Overby of Hall:
A Bill to be entitled an Act to amend an Act pertaining to the substi tution and misbranding of petroleum products, by providing it shall be unlawful to deceive the purchasers of petroleum products as to price of products offered for sale; and for other purposes.
HB 692. By Mr. Overby of Hall:
A Bill to be entitled an Act to authorize and empower the governing authorities of certain counties to license certain auction houses or places where auction sales are conducted; and for other purposes.
HB 693. By Mr. Overby of Hall:
A Bill to be entitled an Act to amend an Act creating the office of Judge of the Superior Courts, Emeritus, and for other purposes.
HB 694. By Messrs. Moate of Hancock, Hawkins of Screven, Sheffield of Brooks, Phillips of Walton, Jessup of Bleckley, Scoggin of Floyd and many others:
A Bill to be entitled an Act to amend an Act creating the Georgia Rural Roads Authority, and for other purposes.
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HB 695. By Mr. Carter of Hart:
A Bill to be entitled an Act to provide for nominations of persons to be elected, selected or appointed by the Grand Jury of a county, and for other purposes.
HB 696. By Messrs. Kidd and Griffith 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 hours of voting in said City; and for other purposes.
HB 697. By Messrs. Yandle of Toombs, Underwood of Montgomery and Todd of Glascock:
A Bill to be entitled an Act to amend an Act relating to the filling of vacancies in the office of county superintendent of schools, so as to change the provisions for filling the vacancies and a procedure con nected therewith; and for other purposes.
HB 698. By Messrs. Kidd and Griffith of Baldwin:
A Bill to be entitled an Act to amend an Act relating to the operation of the County Manager Form of Government, so as to change the re quirement from a majority vote of the qualified voters of the county to a majority vote of the qualified voters voting on whether the law shall become operative or be suspended or terminated in the county, and for other purposes.
HB 699. By Messrs. McClelland, Smith and Brooks of Pulton:
A Bill to be entitled an Act to amend an Act pertaining to the at tendance of witnesses and the fees therefor in counties having a popu lation of 300,000 or more, and for other purposes.
HB 700. By Messrs. Smith, McClelland and Brooks of Pulton:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Atlanta, so as to extend the corporate limits, and for other purposes.
HB 701. By Messrs. Smith, McClelland and Brooks of Pulton:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Atlanta, relating to surplus waterworks property, and for other purposes.
HB 702. By Mr. Brooks of Fulton:
A Bill to be entitled an Act to prohibit appointed or elected state offi cials from collecting private funds for the enforcement of the penal laws of the State of Georgia or any of the regulations issued pursuant to law, to provide for the receipt and deposit with the State Treasurer of funds voluntarily contributed; and for other purposes.
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105
HR 279-702a. By Mr. Overby of Hall:
A Resolution proposing an amendment to the Constitution so as to provide for the establishment of fire prevention districts in Hall County outside municipalities; and for other purposes.
HR 280-702b. By Mr. Hawkins of Screven:
A Resolution authorizing compensation to Robert K. Price Company, and for other purposes.
HR 281-702c. By Mr. Overby of Hall:
A Resolution to compensate John Henry Chapman, and for other purposes.
HR 282-702d. By Mr. Overby of Hall:
A Resolution to compensate Wilma Hulsey Dorsey; and for other purposes.
HB 703. By Messrs. Birdsong and Lam of Troup:
A Bill to be entitled an Act to create a Board of Commissioners of Roads and Revenues for the County of Troup, and for other purposes.
HR 287-703a. By Mr. Hawkins of Screven:
A Resolution authorizing the conveyance of certain property in Coffee County; and for other purposes.
HB 704. By Messrs. Reed, Holcombe and Willingham of Cobb:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Smyrna, so as to increase the corporate limits of said City, and for other purposes.
HB 705. By Messrs. Holcombe, Reed and Willingham of Cobb:
A Bill to be entitled an Act to amend an Act incorporating the Town of Austell, and for other purposes.
HB 706. By Messrs. Holcombe, Reed and Willingham of Cobb:
A Bill to be entitled an Act to amend an Act incorporating the City of Powder Springs, and for other purposes.
HB 707. By Messrs. Moate of Hancock, Hawkins of Screven and Sheffield of Brooks:
A Bill to be entitled an Act to amend the Act creating the State High way Board so as to increase the limit of lease rentals authorized to be paid by the State Highway Board and Department to Georgia Rural Roads Authority; and for other purposes.
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JOURNAL OP THE HOUSE,
HB 708. By Messrs. Moate of Hancock, Hawkins of Screven and Jessup of Bleckley:
A Bill to be entitled an Act to amend an Act creating the Peace Officers' Annuity and Benefit Fund, and for other purposes.
HB 709. By Messrs. Moate of Hancock, Hawkins of Screven and Jessup of Bleckley:
A Bill to be entitled an Act to amend an Act creating a Department of Public Safety, so as to provide for longevity compensation for certain members of the Department of Public Safety, and for other purposes.
The following Resolutions of the House were read and adopted:
HR 305. By Messrs. Helms of Atkinson, Kennedy of Turner, Miller of Twiggs, Bodenhamer of Tift and others:
A RESOLUTION
Censuring the President for calling out military forces to enforce integration of the races at Central High School in Little Rock, Arkansas.
WHEREAS, on September 24, 1957, by arbitrary and illegal action unprecedented in the annals of history, the President of the United States federalized the Arkansas National Guard and sent airborne storm troopers of the United States Army into a sovereign state to enforce integration of the races at bayonet point in the Central High School of Little Rock, Arkansas, contrary to the President's positive statement never to use troops in enforcing integration; and
WHEREAS, in so doing, the President sacrificed the honesty and integrity of our highest executive office on an altar of political ex pediency to appease the NAACP and other radical, communist-sympa thizing organizations; and
WHEREAS, such action was illegal, unconstitutional and void, as held by Attorney General Eugene Cook in official opinion to the Gov ernor under date of October 17, 1957, in that:
(a) It was in direct violation of the Constitution, Art. IV, Sec. 4, declaring that the United States can intervene in state affairs only upon application of the executive or Legislature thereof;
(b) It was in violation of the "Posse Comitatus Act," 18 U.S.C.A., 1385.
(c) It was in violation of other provisions of law limiting the use of troops to enforcing "laws of the land", when in truth and fact, the decision of the Supreme Court sought to be enforced was not the "law of the land", but only the "law of the Case", as held by the United States Court of Appeals for the Fifth Circuit in the case of Indiviglio v. U. S., 26 L. W. 2227 (October 31, 1957).
(d) It was contrary to federal statutes and established prin ciples of constitutional law that military forces should not be used in enforcing court decrees until civil authorities had been frus trated in their attempt to do so, when in fact no U. S. Marshall
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107
had ever sought to enforce federal court decrees requiring integra tion in the Central High School.
NOW, THEREFORE, Be It Resolved By The House of Repre sentatives, the Senate concurring, That this General Assembly does hereby censure the President of the United States, and declares its most emphatic disapproval for this deliberate and palpable executive encroachment of the Constitution and laws.
BE IT FURTHER RESOLVED, that copies of this Resolution be dispatched forthwith to the White House and to each member of the Georgia delegation to Congress.
HR 306. By Mr. Nilan of Muscogee:
A RESOLUTION
WHEREAS, the NAACP filed suit in the Atlanta Division of the United States Federal Court on January 11, 1958, for the purpose of enlisting federal judicial sanction to ending traditional racial separa tion in educational institutions of the great Southern City of Atlanta; and
WHEREAS, the Chief Executive of Atlanta has often reminded us of his intense pride in having had service in Georgia's General As sembly, and has repeatedly generously proffered us his personal and official offices; and
WHEREAS, it is the studied view of this sovereign deliberative body that the aforesaid litigation is an inept machination inspired, con cocted, promoted and introduced by a coalition of self-seeking third parties with utter disregard for any interest favorable to either of the races principally concerned;
NOW, THEREFORE, we take this means to express to the Honor able William B. Hartsfield, Mayor of the City of Atlanta, our unanimous desire that he forthwith joint Atlanta's daily newspapers in their advice to the NAACP that it withdraw the subject petition, which is, in our considered opinion, but another outside interference in the now orderly, peaceable and mutually satisfactory association between the major minority of America, the Southern white people, and the major minority of the South, the Southern colored people.
BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to Mayor William B. Hartsfield, City Hall, Atlanta, Georgia.
HR 307. By Mr. Lanier of Candler:
A RESOLUTION
Expressing regret at the passing of Honorable F. H. Sills; and for other purposes.
WHEREAS, Honorable F. H. Sills, a former member of the House of Representatives, passed away in December of 1957, and
WHEREAS, he was one of the persons responsible for the creation of Candler County, and was a respected and beloved member of the General Assembly for ten years, and
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WHEREAS, he was a Minister of the Gospel and also worked as a Field Representative with the Georgia Citizens Council, and
WHEREAS, he has served the people of his community and his State for many long years and was an outstanding leader in the affairs of his locality.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body expresses its sincerest regrets at the passing of Honorable F. H. Sills and extends its deepest sympathy to the members of his family.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a suitable copy of this Resolution to his family.
HR 308. By Mr. Odom of Camden:
A RESOLUTION
Inviting the Honorable Herman E. Talmadge to address a joint session of the General Assembly of Georgia, and
WHEREAS, the name Talmadge is sononimous with our fine tradition and Southern way of life, and;
WHEREAS, during a six year period as our Chief Executive, he distinguished himself as one of Georgia's greatest leaders and,
WHEREAS, his inspirational messages have brought hope and courage to the people of the entire South, and;
WHEREAS, this sovereign governing body can use inspiration of a quality as produced by him;
NOW, THEREFORE, BE IT RESOLVED by the House of Repre sentatives, the Senate concurring, to invite Senator Herman E. Tal madge to address this august body at a time to be designated by him;
IT IS FURTHER RESOLVED that a copy of this Resolution be furnished the Honorable Herman E. Talmadge in a most expeditious manner.
HR 309. By Mr. Birdsong of Troup:
A RESOLUTION
Providing for Honorary Pages; and for other purposes.
WHEREAS, many school children of this State are anxious to serve as Pages in the House and Senate, and it is impossible for all children to act as Pages, and,
WHEREAS, it is highly desirable that our youth be encouraged to visit the Capitol and observe the deliberations of the General As sembly and the functions of other State Departments, and that they be accorded some recognition thereof.
NOW, THEREFORE, BE IT RESOLVED BY THE GEORGIA HOUSE OF REPRESENTATIVES that there is hereby created the position of "Honorary Page". Such Page shall be issued a certificate
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109
attesting to the fact that he or she has served as an Honorary Page in the General Assembly of Georgia and has observed the deliberations and actions of the General Assembly. The Secretary of State shall have such certificates prepared and shall take whatever steps necessary in connection therewith. These certificates shall be made available to members of the General Assembly by the Secretary of State for the use of each member in presenting to Honorary Pages sponsored by said member. The certificate should have on the face of it the full name and address of the person who is to receive such certificate and should state that such person has acted as Honorary Page. The certifi cate should provide the proper space for the signature of said member of the General Assembly. The funds necessary to carry out the pro visions of this Resolution shall come from the funds appropriated to or available to the legislative branch of the government.
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 an address from Dean C. C. Murray of the College of Agriculture of the University of Georgia, 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 and other distinguished guests, Dean C. C. Murray appeared upon the floor of the House and addressed the members of the General Assembly.
Senator Hawes of the 30th moved that the Joint Session be now dissolved, and the motion prevailed.
The President of the Senate announced the Joint Session dissolved.
The Speaker called the House to order.
The following Resolution of the House was taken up for consideration, read and adopted:
HR 286. By Messrs. Moate of Hancock, Hawkins of Screven and Jessup of Bleckley:
A Resolution to appoint a Joint House-Senate Committee for the pur pose of studying the feasibility of the purchase of Stone Mountain by the State of Georgia; and for other purposes.
The following Resolution of the House was read and referred to the com mittee on State of Republic:
HR 323. By Messrs. Scoggin and Wright of Floyd, Palmer of Mitchell, Overby of Hall and Echols of Upson:
A RESOLUTION
A Resolution creating the Insurance Laws Revision Committee; and for other purposes.
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WHEREAS, the present insurance laws of Georgia are incomplete and in many respects contradictory, over-lapping, ambiguous and of doubtful meaning, and some of such laws are obsolete and other such laws are not adapted to the present insurance demands and to the pres ent method of conducting the business of insurance; and
WHEREAS, there are loopholes in the present laws that permit practices which could be harmful to the citizens of this State who pur chase insurance; and
WHEREAS, the Supreme Court of the United States has de termined that the business of insurance as conducted in this country is interstate commerce and, therefore, potentially subject to regulation by the Congress of the United States; and
WHEREAS, the Congress of the United States by the enactment of Public Law 15 (1945) has declared that the business of insurance shall be subject to regulation by the Congress to the extent that such business is not regulated by State law; and
WHEREAS, certain Federal agencies, particularly the Federal Trades Commission, are constantly seeking to assert their jurisdiction over the business of insurance; and
WHEREAS, many of the States of the United States are now re writing and re-codifying their respective insurance laws and enacting new statutes to the end that the regulation of the insurance industry and the tax revenue therefrom may be retained by the several states; and
WHEREAS, the business of insurance is highly technical and complicated in nature and the re-writing of the insurance laws of this State would be a monumental task which could best be performed by experts in this field;
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA THAT THERE IS HEREBY CREATED THE INSURANCE Laws Revision Committee. The Committee shall be composed of twelve (12) members as follows:
(a) The Comptroller General as Insurance Commissioner, who shall be Chairman;
(b) The Attorney General;
(c) Two members of the Senate;
(d) Three members of the House of Representatives;
(e) One member to represent the accident and health insurance industry;
(f) One member to represent the life insurance industry;
(g) One member to represent the fire and allied lines of the in surance industry;
(h) One member to represent the general casualty insurance in dustry;
(i) One member to represent the insurance industry at large.
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111
The two members from the Senate shall be designated by the Lieutenant Governor. The three members from the House of Repre sentatives shall be designated by the Speaker of the House. The mem bers representing the various insurance industries shall be designated by the Governor upon the recommendation and approval of the Insurance Commissioner. The members of the Committee who are to be desig nated shall be so designated within thirty days after the approval of this Resolution by the Governor, or after it otherwise becomes law.
The Committee shall conduct a study of the insurance laws of this State and shall prepare and present to the General Assembly new insurance laws which will be more adequate in the light of present conditions. The Committee is authorized to hold public hearings if deemed advisable. The Committee shall remain in effect until, in the opinion of the Chairman, the purposes as set out herein have been accomplished and its work completed.
In order to more efficiently perform its duties and accomplish the purposes set out herein, the Committee is hereby authorized to employ such technical and clerical help as it deems necessary, including, but not limited to specialists in the field of preparing insurance laws and codes. The Committee is authorized to obtain such materials, supplies and equipment as it deems necessary to accomplish its work. The Com mittee is hereby authorized to appoint sub-committees and adopt any procedures which it feels will best serve the purposes of this Resolution. The Attorney General is hereby authorized to designate a member or members of his staff to assist the Committee. If any seat on the Com mittee shall become vacant, the Governor, upon the recommendation and approval of the Insurance Commissioner, shall fill such vacancy.
The members of the Committee from the General Assembly shall receive the compensation, per d; em, expenses, and allowances authorized for members of Interim Legislative Committees. The members of the Committee to be designated by the Governor shall receive $15.00 per diem for each day spent in the performance of the duties provided herein. The Comptroller General and the Attorney General shall be compensated as provided by law for ex-officio offices. All members of the Committee, except members of the General Assembly, who shall be reimbursed as provided hereinbefore, shall be reimbursed for actual expenses, including mileage, incurred in the performance of their duties under this Resolution.
The Budget Bureau is hereby authorized and directed to provide the funds necessary to carry out the purposes of this Resolution in an amount not to exceed $35,000.00.
The Speaker presented to the House, Miss Dale Fair, Governor of Girls State.
Mr. Hawkins of Screven moved that the House do now adjourn until 10:00 o'clock, a.m., tomorrow morning, and the motion prevailed.
The Speaker announced the House adjourned until 10:00 o'clock tomorrow morning.
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JOURNAL OF THE HOUSE,
Representative Hall, Atlanta, Georgia, Wednesday, January 22, 1958.
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 Bagby Ballard Barber Barrett Baughman Birdsong Black Blalock of Coweta Blalock of Clayton Bodenhamer Boggs Brackin Bradley Brennan Brooks of Oglethorpe Brooks of Fulton Broome Budd Burkhalter Busbee Cagle Caldwell Callier A. Campbell of
Walker Carlisle Carr Carswell Carter Chastain Cheatham Cloud Coalson Cocke Cowart Craven Crummey Denmark Dorminy Echols Elder Ellis Eyler Fellows
Floyd Flynt Fordham Fowler of Douglas Fowler of Treutlen Frazier Freeman Fuqua Gowen Green of Rabun Griffith Grimsley Gross of Stephens Gross of Dade Gunter Hall of Lee Hall of Floyd Hardaway Harper Harrison Hawkins Henderson Hendrix Hill Hodges of Ware Hodges of Butts Hogan Holcombe Holloway Huddleston Hurst Ingle Irvin Jessup Johnson Jones of Wayne Jones of Worth Jones of Baker Jones of Laurens Jones of Sumter Jones of Crawford Kelley Kennedy Kidd Killian Kimmons
King Lam Lancaster Land Larkins Lee Lindsey Lokey Long Lott Love Mackay Mann Matthews Miles Miller of Elbert Mobley Moorman Morris Moss Mull Murphy Murr Musgrove McClelland McCracken McGibony McKenna McWhorter Neese Nichols Nilan Odom Orr Overby Palmer Parker of Pike Parker of Ware Parker of Appling Payton Pelham Perkins Perry Peters Pettey Phillips of Columbia
WEDNESDAY, JANUARY 22, 1958
113
Phillips of Walton Pickard Pickett Ramsey Raulerson Ray
Reed Roberts Rodgers of Charlton Rogers of Heard Ross Roughton Rowland Russell Scoggin Short Singer
Sivell Smith of Forsyth Smith of Emanuel Smith of Lamar Smith of Pulton Smith of Whitfield
Souter Stephens Story Summers Tabb Tamplin Tarpley Taylor Todd Truelove Twitty
Underwood Veal Walker of Lowndes Watson Weems Wells
White Willingham Willis Wilson Winkle Wooten Wright of Floyd Wright of Dodge Yandle Young
Mr. Black of Webster, Chairman of the Committee on Auditing, Enrolling and Engrossing, Journals, reported that the Journal of yesterday's proceedings had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Reports of standing committees. 4. Second reading of Bills and Resolutions. 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.
HB 745. By Mr. Ellis of Henry: A Bill to be entitled an Act to amend an Act incorporating the Town of Hampton, so as to change the corporate limits; and for other pur poses.
Referred to the Committee on Local Affairs.
HB 746. By Mr. Ellis of Henry: A Bill to be entitled an Act to amend an Act incorporating the City
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of Stockbridge, so as to change the corporate limits; and for other purposes.
Referred to the Committee on Local Affairs.
HB 747. By Mr. Ellis of Henry:
A Bill to be entitled an Act to amend an Act incorporating the Town of McDonough; and for other purposes.
Referred to the Committee on Local Affairs.
HB 748. By Mr. Raulerson of Echols:
A Bill to be entitled an Act to amend an Act entitled "An Act to incorporate the Town of Echols; and for other purposes.
Referred to the Committee on Local Affairs.
HB 749. By Mr. Rowland of Johnson:
A Bill to be entitled an Act to define "pinball machines" to prohibit having pinball machines available; to prohibit the lease or rental of premises for the purpose of having pinball machines available; and for other purposes.
Referred to the Committee on Temperance.
HB 750. By Messrs. Kidd and Griffith of Baldwin:
A Bill to be entitled an Act to be known as the Uniform Boat Regula tion Act; and for other purposes.
Referred to the Committee on Natural Resources.
HB 751. By Mr. Odom of Camden:
A Bill to be entitled an Act to prohibit the construction of toll roads and toll bridges in any county of this State without the prior approval of the governing authority of said county; and for other purposes.
Referred to the Committee on State of Republic.
HB 752. By Mr. Twitty of Mitchell:
A Bill to be entitled an Act to amend an Act relating to the adminis tration of the Food and Drugs Act of the State by the Commissioner of Agriculture; so as to redefine a wholesale fish dealer; and for other purposes.
Referred to the Committee on Natural Resources.
HB 753. By Messrs. Kidd and Griffith of Baldwin:
A Bill to be entitled an Act to amend an Act creating a Board of County Commissioners for Baldwin County, so as to provide that the compen sation of the commissioners shall be determined by the commissioners in lieu of the Grand Jury; and for other purposes.
Referred to the Committee on Local Affairs.
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115
HB 754. By Messrs. Cheatham, Eyler and Brennan of Chatham:
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 other purposes.
Referred to the Committee on Local Affairs.
HB 755. By Dr. Miller of Elbert:
A Bill to be entitled an Act to place the Clerk of the Superior Court and the Ordinary of Elbert County on a salary basis in lieu of a fee basis; and for other purposes.
Referred to the Committee on Local Affairs.
HB 756. By Dr. Miller of Elbert:
A Bill to be entitled an Act to amend an Act entitled "An Act to provide a Board of Commissioners for the County of Elbert"; and for other purposes.
Referred to the Committee on Local Affairs.
HB 757. By Dr. Miller of Elbert:
A Bill to be entitled an Act to amend an Act creating the office of County Tax Commissioner of Elbert County; and for other purposes.
Referred to the Committee on Local Affairs.
HB 758. By Messrs. Murphy of Haralson, Cloud of Decatur, Bagby of Paulding Huddleston of Fayette, Bodenhamer of Tift, Roughton of Washington and others:
A Bill to be entitled an Act to regulate the business of private em ployment agencies in Georgia and the procurement of employment for residents of Georgia by non-resident agencies; and for other purposes.
Referred to the Committee on Industrial Relations.
HB 759. By Messrs. Young, Pickard and Nilan of Muscogee:
A Bill to be entitled an Act to amend an Act relating to the fees paid to coroners in certain counties; and for other purposes.
Referred to the Committee on Local Affairs.
HB 760. By Mr. McCracken of Jefferson:
A Bill to be entitled an Act to amend an Act regulating and licensing livestock dealers, so as to delete the licensing fee; and for other pur poses.
Referred to the Committee on State of Republic.
HB 761. By Mr. McCracken of Jefferson:
A Bill to be entitled an Act to amend an Act relating to the arbitration of tax assessments, so as to provide that the third arbitrator shall be
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named by the Judge of the Superior Court of the county wherein the property lies; and for other purposes.
Referred to the Committee on Ways and Means.
HB 762. By Messrs. Brooks and McClelland of Fulton:
A Bill to be entitled an Act to amend an Act so as to provide if the last day for the exercise of any privilege or the discharge of any duty falls on Saturday or Sunday, the person affected shall have through the following Monday to exercise such privilege or discharge such duty; and for other purposes.
Referred to the Committee on Judiciary.
HB 763. By Messrs. Blalock and Lee of Clayton:
A Bill to be entitled an Act to repeal an Act incorporating the City of Mountain View; and for other purposes.
Referred to the Committee on Local Affairs.
HB 764. By Messrs. Blalock and Lee of Clayton:
A Bill to be entitled an Act to amend an Act creating a 3-member board of Commissioners of Roads and Revenues of Clayton County; and for other purposes.
Referred to the Committee on Local Affairs:
HB 765. By Messrs. Blalock and Lee of Clayton:
A Bill to be entitled an Act to provide for the examination for Quali fied Electricians for the right to engage in said vocation in counties having a population of lot less than 22,650 and not more than 23,450; and for other purposes.
Referred to the Committee on Local Affairs.
HB 766. By Messrs. Blalock and Lee of Clayton:
A Bill to be entitled an Act to provide that the governing authorities of certain counties may charge for inspection, require permits, set up a code, and provide rules and regulations for the installation of plumb ing in said counties; and for other purposes.
Referred to the Committee on Local Affairs.
HB 767. By Messrs. Rogers of Heard, Lanier of Candler and Kimmons of Pierce:
A Bill to be entitled an Act to amend an Act providing for the regu lation of the sale of livestock at auction, so as to change the provisions as to the bonds of weighers at sales establishments; and for other purposes.
Referred to the Committee on State of Republic.
HB 768. By Messrs. Tamplin of Morgan, Ballard of Newton, Pelham of Schley, Fowler of Douglas and Boggs of Madison: A Bill to be entitled an Act to repeal an Act relating to the licenses
WEDNESDAY, JANUARY 22, 1958
117
and fees for the manufacture of butter, ice cream, cheese, condensed milk or milk powder; and for other purposes.
Referred to the Committee on Ways and Means.
HB 769. By Messrs. Irvin of Habersham, Hall of Floyd and Lee of Clayton:
A Bill to be entitled an Act to provide for the execution of a bond by school principals conditions upon the true accounting of all funds and property coming into such principals' custody, control, care of posses sion; and for other purposes.
Referred to the Committee on Education.
HB 770. By Mr. McCracken of Jefferson:
A Bill to be entitled an Act to amend an Act incorporating the town of Louisville; to change the corporate limits; to provide for the estab lishment and maintenance of a system of water works, sewerage and electric lights for said town; and for other purposes
Referred to the Committee on Local Affairs.
HB 771. By Mr. Lanier of Candler:
A Bill to be entitled an Act to amend an Act known as the "Georgia Pood Act" so as to provide that a copy of analysis of any food made by the State Chemist, obtained under the provisions of said Act, shall be admissible in evidence in any of the courts of this State in any issue involving the content of said food when the copy of the analysis shall be sworn to by the Commissioner of Agriculture; and for other purposes.
Referred to the Committee on Agriculture.
HB 772. By Messrs. Musgrove of Clinch, Lott of Berrien, Moorman of Lanier, Helms of Atkinson and Grimsley of Cook:
A Bill to be entitled an Act to amend an Act ablishing the fee system in the Superior Courts of the Alapaha Judicial Circuit; and for other purposes.
Referred to the Committee on Local Affairs.
HR 310-772a. By Mr. Overby of Hall:
A Resolution authorizing the State Librarian to furnish to the Superior Court of Hall County without charge to said county certain law books; and for other purposes.
Referred to the Committee on Local Affairs.
HR 311-772b. By Mr. Overby of Hall:
A Resolution to authorize compensation to Hoyt Wehunt; and for other purposes.
Referred to the Committee on Appropriations.
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HR 312-772c. By Mr. Cagle of Pickens:
A Resolution proposing an amendment to the Constitution so as to provide for the election of the members of the Board of Education of Pickens County by the people; and for other purposes.
Referred to the Committee on Local Affairs.
HR 313-772d. By Messrs. Orr of Wilkes, Ross of Lincoln and Cowart of Calhoun:
A Resolution proposing an amendment to the Constitution so as to pro vide that the Chief Justices Emeritus and Justices Emeritus of the Supreme Court, Justices Emeritus of the Court of Appeals and Judges Emeritus of the Superior Courts shall be eligible to preside in or over the Supreme Court, the Court of Appeals and the Superior Courts; and for other purposes.
Referred to the Committee on Judiciary.
HR 314-772e. By Mr. Walker of Telfair:
A Resolution to authorize the Governor acting on behalf of the State of Georgia to convey certain property in Telfair County to Telfair County; and for other purposes.
Referred to the Committee on State Institutions and Property:
HR 315-772f. By Dr. Miller of Elbert:
A Resolution proposing an amendment to the Constitution so as to provide for the election of members of the Board of Education of Elbert County by districts; and for other purposes.
Referred to the Committee on Local Affairs.
HR 316-772g. By Messrs. Kidd and Griffith of Baldwin: A Resolution to compensate E. C. Prather; and for other purposes.
Referred to the Committee on Appropriations.
HR 317-772h. By Mr. Truelove of White: A Resolution to compensate Mr. Franklin Truelove for damages incurred as a result of flying stones or gravel from a State Highway Depart ment vehicle; and for other purposes.
Referred to the Committee on Appropriations.
HR 318-7721. By Messrs. Kidd and Griffith of Baldwin: A Resolution to compensate Chandler's Variety Stores, Inc.; and for other purposes.
Referred to the Committee on Appropriations.
HR 319-772J. 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 Appropriations.
WEDNESDAY, JANUARY 22, 1958
119
HR 320-772k. By Mr. Jones of Laurens: A Resolution to compensate Raymond Blizzard; and for other purposes.
Referred to the Committee on Appropriations.
HR 321-7721. By Mr. Cloud of Decatur: A Resolution to compensate Mr. C. A. Mobley; and for other purposes.
Referred to the Committee on Appropriations.
HR 322-772m. By Mr. Watson of Houston:
A Resolution proposing an amendment to the Constitution so as to provide for the election of the members of the Board of Education of Houston County by the people; and for other purposes.
Referred to the Committee on Local Affairs.
HB 773. By Messrs. Hawkins of Screven and Jessup of Bleckley:
A Bill to be entitled an Act to authorize the various departments and agencies of the State to deduct from the salaries and wages of State employees, amounts for the payment of deposits and payments of loans to credit unions within such departments and agencies; and for other purposes.
Referred to the Committee on State of Republic.
HR 324-773a. By Mr. Nichols of Towns:
A Resolution proposing an amendment to the Constitution so as to authorize the General Assembly to tax whiskey and allocate the pro ceeds of such taxation; and for other purposes.
Referred to the Committee on Temperance.
HR 325-773b. By Mr. Phillips of Columbia:
A Resolution to compensate William H. Beall; and for other purposes.
Referred to the Committee on Appropriations.
HB 774. By Mr. Raulerson of Echols:
A Bill to be entitled an Act to amend an Act entitled "An Act to pro vide for the Establishing 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 775. By Mr. Fowler of Douglas:
A Bill to be entitled an Act to amend an Act creating a Livestock and Poultry Disease Control Board; and for other purposes.
Referred to the Committee on Agriculture.
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HB 776. By Messrs. Killian and Gowen of Glynn:
A Bill to be entitled an Act to amend the Charter of the City of Bruns wick; to authorize and empower the City of Commission to close cer tain streets and alleys or portions thereof and to dispose of such streets and alleys or portions thereof so closed in its discretion without adver tisement for bids and public sale; and for other purposes.
Referred to the Committee on Local Affairs.
HB 777. By Mr. Overby of Hall:
A Bill to be entitled an Act to amend an Act known as the "Unem ployment Compensation Law" (Now Employment Security Law) so as to provide that service performed by a real estate agent for remunera tion solely by way of commission shall not be deemed "employment" within the meaning of the Employment Security Law; and for other purposes.
Referred to the Committee on Industrial Relations.
HB 778. By Mr. Carr of Dooly:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Vienna; and for other purposes.
Referred to the Committee on Local Affairs.
HB 779. By Mr. Lindsey of Spalding:
A Bill to be entitled an Act to amend an Act providing for the regis tration and protection of trade-marks, so as to provide for the issuance of a "Reserved Trade-Mark Certificate"; and for other purposes.
Referred to the Committee on Industry.
HB 780. By Mr. Fowler of Douglas:
A Bill to be entitled an Act to amend an Act relating to second primary elections, so as to provide that said section shall be applicable to the office of Liutenant Governor; and for other purposes.
Referred to the Committee on Judiciary.
By unanimous consent, the following Committee Reports were submitted and read:
Mr. Fowler of Douglas County, Chairman of the Committee on Agriculture, submitted the following report:
Mr. Speaker:
Your Committee on Agriculture 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 668. Do Pass.
WEDNESDAY, JANUARY 22, 1958
121
HB 676. Do Pass, as amended.
Respectfully submitted,
Fowler of Douglas, By Smith of Forsyth,
Chairman.
Mr. Carlisle of Bibb County, Vice-Chairman of the Committee on Judiciary, submitted the following report:
Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bill and Resolution of the House and has instructed me as Vice-Chairman, to report the same back to the House with the following recommendations:
HB 91. Do Pass as amended in Committee.
HR 246. Do Pass.
Respectfully submitted,
Carlisle of Bibb, Vice-Chairman.
Mr. Short of Colquitt County, Chairman of the Committee on Local Affairs, submitted the following report: Mr. Speaker:
Your Committee on Local Affairs has had under consideration the follow ing Bills and Resolutions of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 616. Do Pass. HB 619. Do Pass. HB 621. Do Pass. HB 630. Do Pass. HB 631. Do Pass. HB 632. Do Pass. HB 633. Do Pass. HB 634. Do Pass. HB 635. Do Pass. HB 636. Do Pass. HB 646. Do Pass. HB 647. Do Pass. HB 648. Do Pass. HB 649. Do Pass. HB 650. Do Pass.
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JOURNAL OP THE HOUSE,
HB 651. Do Pass. HB 652. Do Pass. HB 654. Do Pass. HB 656. Do Pass. HB 657. Do Pass. HB 658. Do Pass. HB 662. Do Pass. HB 664. Do Pass. HB 666. Do Pass. HB 669. Do Pass. HB 672. Do Pass. HB 673. Do Pass. HB 678. Do Pass. HB 679. Do Pass. HB 680. Do Pass. HB 685. Do Pass. HB 696. Do Pass. HB 704. Do Pass. HB 703. Do Pass. HB 705. Do Pass. HB 706. Do Pass. HE 251-662a. Do Pass. HR 273-687f. Do Pass. HR 259-662L Do Pass. HR 276-687i. Do Pass. HR 257-662g. Do Pass. HR 275-687h. Do Pass. HR 272-687e. Do Pass. HR 269-687b. Do Pass. HR 252-662b. Do Pass. HR 274-687g. Do Pass.
Respectfully submitted,
Short of Colquitt, Chairman.
WEDNESDAY, JANUARY 22, 1958
123
Mr. Overby of Hall County, Chairman of the Committee on State of Re public, 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 694. Do Pass.
HB 671. Do Pass.
HB 692. Do Pass.
HB 707. Do Pass.
HB 667. Do Pass.
Respectfully submitted,
Overby of Hall, Chairman.
By unanimous consent, the following Bills and Resolutions of the House were read the second time:
HB 710. By Mr. Harper of Gilmer:
A Bill to be entitled an Act to incorporate and establish the City of Ellijay in the County of Gilmer; and for other purposes.
HB 711. By Mr. Harper of Gilmer:
A Bill to be entitled an Act to incorporate and establish the City of Ellijay; and for other purposes.
HB 712. By Mr. Fowler of Douglas:
A Bill to be entitled an Act to amend an Act regulating the practice of dentistry, so as to increase the annual registration fee; and for other purposes.
HB 713. By Mr. Fowler of Douglas:
A Bill to be entitled an Act to amend an Act pertaining to licenses to practice dentistry, so as to change the fee required of an applicant to take an examination for a license to practice dentistry; and for other purposes.
HB 714. By Mr. Fowler of Douglas:
A Bill to be entitled an Act to amend an Act regulating dental hygienists, so as to provide that the Board of Dental Examiners may revoke the license of a dental hygienist who shall not perform duties in accordance with law; and for other purposes.
HB 715. By Mr. Fowler of Douglas:
A Bill to be entitled an Act to amend an Act regulating dental hygien ists, so as to change the fee required for an applicant to take the examination to become a dental hygienist; and for other purposes.
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JOURNAL OP THE HOUSE,
HB 716. By Mr. Yandle of Toombs:
A Bill to be entitled an Act to amend an Act creating the office of Commissioner of Roads and Revenue in and for the County of Toombs; and for other purposes.
HB 717. By Mr. Yandle of Toombs:
A Bill to be entitled an Act to amend an Act incorporating the City of Lyons, so as to change the corporate limits; and for other purposes.
HB 718. By Messrs. Overby of Hall, Jessup of Bleckley, Orr of Wilkes and Jones of Baker:
A Bill to be entitled an Act to effect a complete revision of the laws of this State relating to the qualification and registration of voters; and for other purposes.
HB 719. By Messrs. Twitty and Palmer of Mitchell:
A Bill to be entitled an Act to amend an Act creating the City Court of Camilla; and for other purposes.
HB 720. By Messrs. Overby of Hall, Barber of Jackson, Mackay of DeKalb, Nilan of Muscogee and Holloway of Dougherty:
A Bill to be entitled an Act to supervise the business of private em ployment agencies; defining private employment agencies; vesting and empowering the Commissioner of Labor with the duty and authority to administer the provisions of this Act; and for other purposes.
HB 721. By Messrs. Baughman of Early, Carswell of Burke, Parker of Appling, Orr of Wilkes, Raulerson of Echols and Musgrove of Clinch:
A Bill to be entitled an Act to amend an Act entitled "An Act providing for the formation of cooperative non-profit membership corporations to be known as Electric Membership Corporations for the purpose of engaging in rural electrification by furnishing electrical energy, wir ing assistance and facilities, electrical and plumbing equipment and services, to its members; and for other purposes.
HB 722. By Mr. Ingle of Gordon:
A Bill to be entitled an Act to amend the Charter of the City of Calhoun providing for the extension of city limits; and for other purposes.
HB 723. By Messrs. Tamplin of Morgan, Ballard of Newton and Stephens of Clarke:
A Bill to be entitled an Act authorizing the governing authority of any county to levy a license tax on auctioneers selling merchandise belonging to themselves; and for other purposes.
HB 724. By Mr. Cowart of Calhoun:
A Bill to be entitled an Act to amend an Act relating to the Commis sioners of Roads and Revenues for the County of Calhoun; and for other purposes.
WEDNESDAY, JANUARY 22, 1958
125
HB 725. By Mr. Cowart of Calhoun:
A Bill to be entitled an Act to amend an Act creating a new charter for the Town of Leary; to provide a method of paving the streets, sidewalks and square of said city; and for other purposes.
HB 726. By Mr. Jessup of Bleckley:
A Bill to be entitled an Act to amend an Act relating to the salaries of county officers of Bleckley County; and for other purposes.
HB 727. By Messrs. Cowart of Calhoun, Baughman of Early, Palmer of Mitchell, Ingle of Gordon and McKenna of Bibb: A Bill to be entitled an Act to repeal an Act pertaining to fishing on Sunday; and for other purposes.
HB 728. By Mr. Ingle of Gordon: A Bill to be entitled an Act to increase the compensation of the Sheriff of Gordon County; and for other purposes.
HB 729. By Mr. Ingle of Gordon: A Bill to be entitled an Act to provide for a Fire Protection District in Gordon County; and for other purposes.
HB 730. By Mr. Ingle of Gordon: A Bill to be entitled an Act to establish a Recorders Court for the City of Calhoun; and for other purposes.
HB 731. By Mr. Helms of Atkinson: A Bill to be entitled an Act to create and establish a County Court of Atkinson County; and for other purposes.
HB 732. By Mr. Helms 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.
HB 733. By Mr. Helms of Atkinson: A Bill to be entitled an Act to amend an Act creating the office of Tax Commissioner of Atkinson County; and for other purposes.
HB 734. By Mr. Overby of Hall:
A Bill to be entitled an Act to amend an Act relating to real estate brokers and salesmen; and for other purposes.
HB 735. By Messrs. Brennan, Cheatham and Eyler of Chatham:
A Bill to be entitled an Act to amend an Act relating to the State Game and Fish Commission and to Game and Fish, so as to prohibit the use of power drawn nets for the taking of shrimp for any purpose in the tidal rivers, etc., in certain counties; and for other purposes.
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JOURNAL OF THE HOUSE,
HB 736. By Mr. McCracken of Jefferson:
A Bill to be entitled an Act to provide that reciprocal insurers author ized to do business in this State shall have and use a business name; and for other purposes.
HB 737. By Messrs. Holcombe, Reed and Willingham of Cobb:
A Bill to be entitled an Act to amend an Act relating to the abolition of the fee system in Cobb County and the fixing of salaries for the Ordinary, Sheriff, and Clerk of the Superior Court, so as to change the compensation of the Deputy Sheriffs; and for other purposes.
HB 738. By Messrs. Carlisle, McKenna and Wilson of Bibb:
A Bill to be entitled an Act to amend the Charter of the City of Macon relating to the Clerk and other Officers of Recorder's Court; and for other purposes.
HB 739. By Messrs. Reed, Holcombe and Willingham 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 740. By Messrs. Reed, Holcombe and Willingham of Cobb:
A Bill to be entitled an Act to amend an Act relating to the abolition of the Fee System in Cobb County and the fixing of salaries for the Ordinary, Sheriff and Clerk of the Superior Court; and for other purposes.
HB 741. By Messrs. Murr and Jones of Sumter:
A Bill to be entitled an Act to repeal an Act entitled "Sumter County Employees Pension System and Fund"; and for other purposes.
HB 742. By Messrs. Overby of Hall, Holcombe of Cobb, Scoggin of Floyd, Palmer of Mitchell, Matthews of Clarke, Hall of Floyd, and Walker of Telfair:
A Bill to be entitled an Act to amend an Act providing for licensing of insurance agents, so as to provide that Insurance Councilors shall be licensed under said Act; and for other purposes.
HB 743. By Messrs. Overby of Hall, Holcombe of Cobb, Scoggin of Floyd, Palmer of Mitchell, Matthews of Clarke, Walker of Telfair and Hall of Floyd:
A Bill to be entitled an Act to amend an Act relating to licensing of insurance agents, so as to provide that Insurance Councilors shall be licensed under said Act; and for other purposes.
HB 744. By Mr. Rogers of Heard:
A Bill to be entitled an Act to provide that in counties having a popu lation of not less than 6,950 nor more than 7,000, the Tax Commissioner shall not be required to make the rounds required of the Tax Receiver and the Tax Collector; and for other purposes.
WEDNESDAY, JANUARY 22, 1958
127
HR 297-744a. By Mr. McWhorter of DeKalb:
A Resolution compensation Mrs. Christine Howell Ivie; and for other purposes.
HR 298-744b. By Mr. Tamplin of Morgan: A Resolution to compensate Mrs. W. F. Manley; and for other purposes.
HR 299-744c. By Messrs. Overby of Hall, Jessup of Bleckley, Orr of Wilkes and Jones of Baker:
A Resolution proposing an amendment to the Constitution so as to change certain provisions relating to the qualification and registration of voters; and for other purposes.
HR 300-744d. By Messrs. Coalson and Pickett of Polk:
A Resolution proposing an amendment to the Constitution so as to authorize the County Board of Education of Polk County to borrow funds and pledge certain building funds to the payment thereof; and for other purposes.
HR 301-744e. By Mr. Busbee of Dougherty:
A Resolution to compensate Mrs. Ettean Brown Sullivan; and for other purposes.
HR 302-744f. By Mr. Busbee of Dougherty:
A Resolution to compensate Mr. Sim Brown; and for other purposes.
HR 303-744g. By Mr. Ellis of Henry:
A Resolution proposing an amendment to the Constitution so as to provide for the election of the members of the Board of Education of Henry County by the people; and for other purposes.
HR 304-744h. By Mr. Ellis of Henry:
A Resolution to authorize compensation to Mr. Elias Pink Griswell; and for other purposes.
By unanimous consent, the following Bills of the House, favorably reported, were read the second time:
HB 91. By Mr. Twitty of Mitchell:
A Bill to be entitled an Act pertaining to actions of false arrest and false imprisonment and providing defenses thereto under certain cir cumstances where arrest or detention occurs in mercantile establish ments and where plaintiff in such action has conducted himself in such manner to bring about such arrest or detention; and for other purposes.
HB 616. By Messrs. Scoggin, Wright and Hall of Floyd:
A Bill to be entitled an Act to amend an Act relating to the licensing of warm air heating contractors; and for other purposes.
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JOURNAL OF THE HOUSE,
HB 619. By Messrs. Greene and Bradley of Bartow:
A Bill to be entitled an Act to amend an Act incorporating the Town of Adairsville; and for other purposes.
HB 621. By Mr. Jones of Baker: A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Newton; and for other purposes.
By unanimous consent, the following Bills and Resolutions of the House were taken up for consideration and read the third time:
HB 630. By Mr. Adams of Evans:
A Bill to be entitled an Act to amend an Act to authorize and direct the proper authorities of the County of Evans, having charge of the fiscal affairs of said county, to pay the sum of Fifty Dollars monthly to the Ordinary of said county, in addition to the fees and compensa tion now allowed by law; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 166, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 631. By Mr. Hall of Lee:
A Bill to be entitled an Act to provide that the Ordinary of Lee County shall receive, in addition to fees received by law, supplemental compensation in the form of a monthly salary; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 166, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 632. By Mr. Hall of Lee:
A Bill to be entitled an Act to amend an Act establishing the City Court of Leesburg; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 166, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
WEDNESDAY, JANUARY 22, 1958
129
HB 633. By Mr. Phillips of Walton:
A Bill to be entitled an Act to amend an Act creating a Board of Commissioners of Roads and Revenues of Walton; 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 166, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 634. By Messrs. Palmer and Twitty of Mitchell:
A Bill to be entitled an Act to amend an Act to provide for a County Board of Commissioners for the County of Mitchell; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 166, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 635. By Messrs. Brennan, Cheatham and Eyler of Chatham:
A Bill to be entitled an Act to carry into effect an amendment to the Constitution relating to the authority of Chatham County to construct and maintain streets, sidewalks and curbing, and to levy assessments therefor; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 166, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 636. By Messrs. Willingham, Reed and Holcombe of Cobb:
A Bill to create the Cobb County Recreation Authority and to authorize such authority, to acquire, construct, equip, maintain and operate a recreational center; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 166, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
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HB 646. By Messrs. Kidd and Griffith of Baldwin:
A Bill to be entitled an Act to amend Code Section 23-1401 relating to the appointment of county police by county commissioners; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 166, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 647. By Messrs. Kidd and Griffith of Baldwin:
A Bill to be entitled an Act to provide that in all counties of this State having a population of not less than 29,050 nor more than 30,250, that any political party holding a primary for a county office shall require that the nominee receive a majority vote of those persons voting thereon; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 166, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 648. By Mr. Odom of Camden:
A Bill to be entitled an Act to provide for additional compensation for the Tax Receiver for Camden County; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 166, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 649. By Mr. Orr of Wilkes:
A Bill to be entitled an Act to amend an Act establishing a Board of Commissioners of Roads and Revenues of Wilkes County; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 166, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
WEDNESDAY, JANUARY 22, 1958
131
HB 650. By Messrs. Mobley and Carswell of Burke:
A Bill to be entitled an Act to amend an Act incorporating 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 166, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 651. By Mr. Long of Murray: A Bill to be entitled an Act to amend an Act creating a Board of Roads and Revenues of Murray County; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 166, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 652. By Mr. Long of Murray: A Bill to be entitled an Act to amend the charter of 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 166, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 654. By Messrs. Holcombe, Reed, and Willingham of Cobb: A Bill to be entitled an Act fixing, establishing and providing a salary for the Solicitor General of the Cobb Judicial Circuit 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 166, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 656. By Messrs. Blalock and Lee of Clayton:
A Bill to be entitled an Act to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Clayton County into the one
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office of Tax Commissioner of Clayton County; 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 166, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 657. By Messrs. Blalock and Lee of Clayton:
A Bill to be entitled an Act to amend an Act placing the Clerk of the Superior Court and the Sheriff of Clayton County on a salary 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 166, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 658. By Mr. Musgrove of Clinch:
A Bill to be entitled an Act to amend an Act creating and establishing the County Court of Clinch in and for the County of Clinch; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 166, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 662. By Mr. Orr of Wilkes:
A Bill to be entitled an Act to grant a new charter to the City of Washington; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agi'eed to.
On the passage of the Bill, the ayes were 166, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 664. By Mr. Sivell of Harris:
A Bill to be entitled an Act to amend an Act incorporating the Town of Chipley in the County of Harris; and for other purposes.
WEDNESDAY, JANUARY 22, 1958
133
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 166, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 666. By Mr. Harper of Gilmer:
A Bill to be entitled an Act to amend an Act creating the office of County Commissioner of Gilmer County; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 166, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 669. By Messrs. Cloud and Taylor of Decatur:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Bainbridge; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 166, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 672. By Messrs. Winkle and Smith of Whitfield:
A Bill to be entitled an Act to amend an Act consolidating, 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 166, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 673. By Mr. Huddleston of Fayette:
A Bill to be entitled an Act to change the terms of the Superior Court of Payette County; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 166, nays 0.
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The Bill, having received the requisite constitutional majority, was passed.
HB 679. By Messrs. Bodenhamer and Morris of Tift:
A Bill to be entitled an Act to amend an Act creating and providing a new charter for the town of Omega; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 166, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 680. By Messrs. Greene and Bradley of Bartow:
A Bill to be entitled an Act to amend an Act abolishing the office of County Treasurer of Bartow County and providing that the clerk of the Board of Commissioners of Roads and Revenues of Bartow County shall perform the duties of the Treasurer; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 166, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 685. By Messrs. Carlisle, McKenna and Wilson of Bibb:
A Bill to ratify and confirm the action of the City of Macon and the Mayor and Council thereof in closing, vacating and abandoning that portion of a ten foot alley running through the Square of said City; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
The Bill, having received the requisite constitutional majority, was passed.
HB 696. By Messrs. Kidd and Griffith 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 report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 166, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
WEDNESDAY, JANUARY 22, 1958
135
HB 703. By Messrs. Birdsong and Lam of Troup:
A Bill to be entitled an Act to create a Board of Commissioners of Roads and Revenues for the County of Troup; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 166, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 704. By Messrs. Reed, Holcombe and Willingham 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 166, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 705. By Messrs. Holcombe, Reed and Willingham of Cobb: A Bill to be entitled an Act to amend an Act revising, consolidating and superseding the several Acts incorporating the Town of Austell; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 166, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 706. By Messrs. Holcombe, Reed and Willingham of Cobb: A Bill to be entitled an Act to amend an Act incorporating the City of Powder Springs; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 166, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 678. By Messrs. Greene and Bradley of Bartow:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Cartersville; and for other purposes.
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The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 166, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HR 251-662a. By Mr. Orr of Wilkes:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide for the election of the members of the Board of Education of Wilkes County by the people; 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 Wilkes County shall be composed of five members to be elected as hereinafter provided. For the purpose of electing four of such members, Wilkes County is hereby divided into four Education Districts.
"Education District No. 1 shall be composed of Militia District #164 (Town).
"Education District No. 2 shall be composed of Militia District #175 (Upton), Militia District #177 (Bussey), Militia District #174 (Mackasookee), and Militia District #176 (Pento).
"Education District No. 3 shall be composed of Militia District #169 (Tyrone), Militia District #171 (Irvin), Militia District #168 (Donegal), Militia District #166 (Derbyshire), and Militia District #165 (Newtown).
"Education District No. 4 shall be composed of Militia District #167 (Mallorys), Militia District #181 (Broad River), Militia Dis trict #180 (Goose Nest), Militia District #178 (Jenkins), and Militia District #179 (Anderson).
"The Board of Education shall be composed of one member of each Education District and the Chairman of the Board. Any person, in order to be eligible for membership on the Board to represent an Education District, must reside in the district which he represents, and each member from an Education District shall be voted on and elected only by the voters of his own District. The Chairman of the Board may reside anywhere in the county and shall be elected by the voters of the entire county. When offering as a candidate for election to the Board, a candidate must designate whether he is offering as a candidate from a District or as Chairman.
"In the event this amendment is .ratified, it shall be the duty of the Ordinary of Wilkes County to issue the call for an election, which
WEDNESDAY, JANUARY 22, 1958
137
call shall be issued at least 10 days prior to the date of such election. The Ordinary shall set the date for such election for either December 15, 16, 17, 18, 19, or 20, 1958. Such election shall be for the purpose of electing the first members of the Board of Education of Wilkes 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 Wilkes County. The members elected at such election shall take office January 1, 1959 and shall serve for a term of four years and until their successors are elected and qualified. Future elections shall be held every four years at the same time as elections for members of the General As sembly from Wilkes County are held, and the members elected shall take office on the 1st day of January immediately following their election. All future members shall likewise serve for a term of four years and until their successors are elected and qualified.
"In the event of a vacancy on the Board for any reason other than the expiration of a term of office, the remaining members of the Board shall select a person who shall serve for the unexpired term. If the vacancy occurs in the office of a member representing an Education District, the person selected to serve the unexpired term must reside in such District. In the event a person who represents an Education District moves his residence from such District, a vacancy shall exist in such District and shall be filled in the same manner as other va cancies.
"The terms of the members of the Board of Education serving at the time of the ratification of this amendment shall continue through December 31, 1958, but the terms of all members shall expire at that time, and the Board of Education of Wilkes County in effect at that time shall stand abolished.
"The Board of Education of Wilkes County, as created herein, shall be subject to all constitutional provisions and all statutory pro visions relative to county boards of education, 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, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
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 election of the members of the Board of Education of Wilkes 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 Wilkes 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-
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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 hecome 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 Eesolution, 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 Ballard Barber Barrett Baughman Birdsong Blalock of Coweta Bodenhamer
Boggs Brackin Bradley Brennan Brooks of Oglethorpe Brooks of Fulton
Broome Burkhalter
Busbee Cagle Caldwell Callier Carlisle Carr Carswell
Carter Chastain Cheatham
Cheek Coalson
Cocke Craven Crummey Denmark Dorminy Echols Elder Ellis Eyler
Fellows Floyd Fordham Fowler of Douglas Fowler of Treutlen Frazier Freeman Fuqua Gowen Green of Rabun Griffith Grimsley Gross of Dade Gunter Hall of Lee Hardaway Harper Harrison Hawkins Helms Henderson Hendrix Hill Hodges of Butts Hogan Holcombe Holloway Hurst Ingle Irvin Jessup Johnson Jones of Wayne Jones of Worth Jones of Lumpkin Jones of Baker Jones of Laurens Jones of Sumter
Jones of Crawford Kelley Key Kidd Killian Kimmons King Lam Lancaster Lindsey Lokey Love Mackay Mann Matthews Miles Miller of Twiggs Miller of Elbert Mobley Moorman Morris Moss Mull Murphy Murr Musgrove McCracken McGibony McKenna McWhorter Neese Nichols Nilan Orr Overby Palmer Parker of Pike
WEDNESDAY, JANUARY 22, 1958
139
Parker of Ware Parker of Appling Payton Pelham Perkins Perry Peters Pettey Phillips of Columbia Phillips of Walton Pickett Ramsey Raulerson Reed Roberts Rodgers of Charlton Rogers of Heard
Ross Roughton Rowland Russell Scoggin Sheffield Short Sivell Smith of Forsyth Smith of Emanuel Smith of Lamar Smith of Whitfield Souter Stephens Story Summers Tabb
Tamplin Taylor Todd Truelove Twitty Underwood Watson Weems Wells White Willingham Willis Wilson Winkle Wooten Wright of Dodge Wright of Ployd
On the adoption of the Resolution, the ayes were 166, nays 0.
The Resolution, having received the requisite two-thirds constitutional ma jority was adopted.
HR 257-662g. By Messrs. Blalock and Lee of Clayton:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide for the issuance of bonds for school purposes in Clayton County not to exceed ten per cent of the assessed value of the taxable property in Clayton 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 VII, Section VII, Paragraph I of the Constitution, re lating to the limitation on certain debts, is hereby amended by adding at the end thereof the following:
"Notwithstanding the seven per cent limitation herein pro vided, bonds may be issued for school purposes in Clayton County not to exceed ten per cent of the assessed value of all the taxable property in Clayton 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, such pro posed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
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"For ratification of amendment to the Constitution so as to provide for the issuance of bonds for school purposes in Clayton County not to exceed ten per cent of the assessed value of the taxable property in Clayton County."
"Against ratification of amendment to the Constitution so as to provide for the issuance of bonds for school purposes in Clayton County not to exceed ten per cent of the assessed value of the taxable property in Clayton 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 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 call was ordered and the vote was as follows:
Adams Alien Ballard Barber Barrett Baughman
Black Blalock of Coweta Bodenhamer
Boggs Brackin Bradley Brennan Brooks of Oglethorpe Brooks of Fulton
Broome Burkhalter
Busbee Cagle Caldwell Callier Carlisle Carr Carswell
Carter Cha stain Cheatham Cheek Coalson
Cocke Craven Crummey Denmark Dorminy Echols Elder Ellis Eyler Fellows Floyd Fordham Fowler of Douglas Fowler of Treutlen Frazier Freeman Fuqua Gowen Green of Rabun Griffith Grimsley Gross of Dade Gunter Hall of Lee Hardaway Harper Harrison Hawkins Helms
Henderson Hendrix Hill Hodges of Ware Hogan Holcombe Holloway Hurst Ingle Irvin Jessup Johnson Jones of Wayne Jones of Worth Jones of Lumpkin Jones of Baker Jones of Laurens Jones of Sumter Jones of Crawford Kelley Key Kidd Killian Kimmons King Lam Lancaster Lindsey Lokey
WEDNESDAY, JANUARY 22, 1958
141
Love Mackay Mann Matthews Miles Miller of Twiggs Miller of Elbert Mobley Moorman Morris Moss Mull Murphy Murr Musgrove McCracken McGibony McKenna McWhorter Neese Nichols Nilan Orr Overby Palmer Parker of Pike
Parker of Ware Parker of Appling Payton Pelham Perkins Perry Peters Pettey Phillips of Columbia Phillips of Walton Pickett Ramsey Raulerson Reed Roberts Rodgers of Charlton Rogers of Heard Ross Roughton Rowland Russell Scoggin Sheffield Short Sivell Smith of Forsyth
Smith of Emanuel Smith of Lamar Smith of Whitfield Souter Stephens
Story Summers Tabb Tamplin Taylor Todd Truelove Twitty Underwood Watson Weems Wells White Willingham Willis Wilson Winkle Wooten Wright of Floyd Wright of Dodge
On the adoption of the Resolution, the ayes were 166, nays 0.
The Resolution, having received the requisite two-thirds constitutional majority was adopted.
HR 269-687b. By Messrs. Greene and Bradley of Bartow:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide for the election of the County School Superintendent of Bartow County by the people; 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, as amended by an amendment applicable to Bartow County found in Ga. Laws 1953, Nov.-Dec. Session, p. 540, is hereby amended by striking from the aforesaid amendment applying to Bartow County the last paragraph as follows:
"The Board of Education of Bartow County shall, by a majority vote, elect a School Superintendent of Bartow County who shall serve at the pleasure of the board. The compensation and qualifications of the superintendent shall be as provided by law. The School Superin-
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tendent of Bartow County serving at the time of the ratification of this amendment shall serve until the expiration of the term for which he was elected, but all future superintendents shall be elected by the board as provided heretofore."
and inserting in lieu thereof the following:
"The School Superintendent of Bartow County shall be elected by the people of Bartow County as provided by the Constitution prior to the passage of the amendment which authorized the Board of Educa tion to elect such Superintendent. The first election by the people shall take place in 1960 at the same time as the members of the Bartow County Board of Education, who are elected in that year, are elected. The Superintendent elected at that time shall take office January 1, 1961, and until such time, the Superintendent elected by the Board shall continue to serve."
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, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
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 election of the County School Superintendent of Bartow County by the people."
"Against ratification of amendment to the Constitution so as to provide for the election of the County School Superintendent of Bartow 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 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 call was ordered and the vote was as follows:
Adams Alien Ballard
Barber Barrett Baughman
Black Blalock of Coweta Bodenhamer
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143
Brackin Bradley Brennan Brooks of Oglethorpe Brooks of Fulton Broome Budd Busbee Cagle Caldwell Callier A. Campbell of
Walker Carr Carswell Carter Chastain Cheatham Cheek Coalson Cocke Craven Crummey Denmark Dorminy Eehols Elder Ellis Eyler Fellows Floyd Fordham Fowler of Douglas Fowler of Treutlen Frazier Freeman Fuqua Gowen Green of Rabun Griffith Grimsley Gross of Dade Gunter Hall of Floyd Hardaway Harper Harrison Hawkins Helms Henderson Hendrix
Hill Hodges of Butts Hogan Holcombe Holloway Hurst Ingle Irvin Jessup Johnson Jones of Wayne Jones of Worth Jones of Lumpkin Jones of Baker Jones of Laurens Jones of Sumter Jones of Crawford Kelley Key Kidd Killian Kimmons King Lam Lancaster Lindsey Lokey Love Mackay Mann Matthews Miles Miller of Twiggs Miller of Elbert Mobley Moorman Morris Moss Mull Murphy Murr Musgrove McCracken McGibony McKenna McWhorter Neese Nichols Nilan Orr Overby Palmer
Parker of Pike Parker of Ware Parker of Appling Payton Pelham Perkins Perry
Peters Pettey Phillips of Columbia Phillips of Walton Pickett Ramsey Raulerson Reed Roberts
Rodgers of Charlton Rogers of Heard Ross Roughton Rowland Russell Scoggin Sheffield Short
Sivell Smith of Forsyth Smith of Emanuel Smith of Lamar Smith of Whitfield Souter Stephens Story Summers Tabb Tamplin Taylor Todd TrueJove Twitty Underwood Watson Weems Wells White Willingham Willis Wilson Winkle Wooten
Wright of Floyd
Wright of Dodge
On the adoption of the Resolution, the ayes were 166, nays 0.
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JOURNAL OF THE HOUSE,
The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.
HR 273-687f. By Mr. Hurst of Quitman:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide for the election of members of the Board of Education of Quitman County; 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 Quitman County shall be composed of five members, to be elected as hereinafter provided. Two members shall reside in the 1196 Militia District and one member shall reside in each of the other three militia district in Quitman County. Each member of the Board shall be elected by the voters of Quitman County. Any person offering as a candidate to represent a district must reside in the district from which he offers. 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 Quitman 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 the second Tues day of December, 1958. Such election shall be for the purpose of electing the first members of the Board of Education of Quitman County, created under this amendment. It shall be the duty of th Ordinary to publish the date of the election, the purpose thereof, and a brief explanation of the voting procedure, by districts, at least once preced ing the date of the election in the official organ of Quitman County. The members elected at such election shall take office January 1, 1959, and shall hold office for a term of two years and until their successors are elected and qualified. All future members shall serve for a term of two years and until their successors are elected and qualified. All future elections shall be held on the same day that members of the General Assembly from Quitman County are elected, and the members elected shall take office on the first day of January immediately following their election. In the event of a vacancy on the Board for any reason other than the expiration of a term of office, the Ordinary shall appoint a member to serve for the unexpired term. The person so appointed shall be a resident of the district wherein the vacancy occurred.
"The Board of Education of Quitman County in effect at the time of the ratification of this amendment shall be abolished, effective
WEDNESDAY, JANUARY 22, 1958
145
December 31, 1958, and the terms of office of all members of such Board shall expire on such date.
"The Board of Education of Quitman County shall elect a Chair man for such time as the Board may desire. The members of the Board shall be compensated in the amount of ten dollars per month. The Board shall meet at the Court House in Quitman County on the first Tuesday in each month."
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, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
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 election of members of the Quitman County Board of Education.
"Against ratification of amendment to the Constitution so as to provide for the election of the members of the Quitman 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 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 thereof.
The report of the committee which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the roll call was ordered and the vote was as follows:
Adams Alien Ballard Barber Barrett Baughman Black Blalock of Coweta Bodenhamer Boggs
Brackin Bradley Brennan Brooks of Oglethorpe Brooks of Pulton Broome Burkhalter Busbee Cagle Caldwell
Callier Carlisle Carr Carswell Carter Chastain Cheatham Cheek Coalson Cocke
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JOURNAL OP THE HOUSE,
Craven Crummey Denmark Dorminy Echols Elder Ellis Eyler Fellows Floyd Fordham Fowler of Douglas Fowler of Treutlen Frazier Freeman Fuqua Gowen Green of Rabun Griffith Grimsley Gross of Stephens Gunter Hall of Lee Hardaway Harper Harrison Hawkins Helms Henderson Hendrix Hill Hodges of Butts Hogan Holcombe Holloway Hurst Ingle Irvin Jessup Johnson Jones of Wayne Jones of Worth Jones of Lumpkin Jones of Baker Jones of Laurens
Jones of Sumter Jones of Crawford Kelley
Key Kidd Killian Kimmons King Lam Lancaster Lindsey Lokey Love Mackay Mann Matthews Miles Miller of Twiggs Miller of Elbert Mobley Moorman Morris Moss Mull Murphy Murr Musgrove McCracken McGibony McKenna McWhorter Neese Nichols Nilan Orr Overby Palmer Parker of Pike Parker of Ware Parker of Appling Payton Pelham Perkins Perry Peters
Pettey Phillips of Columbia Phillips of Walton Pickett Ramsey Raulerson Reed Roberts
Rodgers of Charlton Rogers of Heard Ross Roughton Rowland Russell Scoggin Sheffield Short
Sivell Smith of Forsyth Smith of Emanuel Smith of Lamar Smith of Whitfield Souter Stephens
Story Summers Tabb Tamplin Taylor Todd Truelove Twitty Underwood Watson Weems Wells White Willingham Willis Wilson Winkle
Wooten Wright of Floyd Wright of Dodge
On the adoption of the Resolution, the ayes were 166, nays 0.
The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.
HR 275-687h. By Mr. White of Mclntosh:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide that the Board of Education of Mclntosh County, Georgia, shall be com-
WEDNESDAY, JANUARY 22, 1958
147
posed of five (5) members to be elected by the people; to prescribe the procedure connected with the foregoing; to designate Education Districts; to provide for the submission of this amendment for ratifi cation 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 Mclntosh County shall be com posed of five (5) members, to be elected as hereinafter provided. For the purpose of electing such members, Mclntosh County is hereby divided into five (5) education districts.
"Education District No. 1 shall be composed of the County at Large.
"Education District No. 2 shall be composed of all of Militia District No. 271 and Militia District No. 1771.
"Education District No. 3 shall be composed of Militia District No. 1514; any part of Militia District No. 1515 lying West of the Coastal Highway; and all of Militia District No. 1480 except that part lying North of the South Newport-Jones Road and East of the Seaboard Air Line right of way.
"Education District No. 4 shall be composed of Militia District No. 22 and that part of Militia District No. 1480 lying North of the South Newport-Jones Road and East of the Seaboard Railroad right of way.
"Education District No. 5 shall consist of Militia District No. 1313 and all of Militia District No. 1515 lying East of the Atlantic Coastal Highway.
"Each member of the Board shall be elected by the voters of Mclntosh County residing outside of any independent school dis trict 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 (1) year imme diately preceding the date of the election. If any member of the board shall change his residence from the education district which 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 edu cation 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 Mclntosh County to issue the call for an elec tion, which call shall be issued not less than twenty (20) days nor
148
JOURNAL OF THE HOUSE,
more than thirty (30) days after the general election in 1958, and the Ordinary shall set the date for such election at not more than ten (10) days after the call thereof. Such election shall he for the purpose of electing the members of the Board of Education of Mclntosh County created under this amendment. All members elected at such election shall take office January 1, 1959. Those members elected from Education Districts 1, 2, and 3 shall be elected for a term of four (4) years, while those members elected from Education Districts 4 and 5 shall be elected for a term of two (2) years. All future elections shall be held on the second Tuesday in November, and the persons elected will take office the following January first. All subsequent elections shall be for a term of four (4) years.
"The Board of Education of Mclntosh County in office at the time of the ratification of this amendment shall be abolished effec tive December 31, 1958, and the terms 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 constitutional and statutory provisions relating to County Boards of Education unless such provisions are in con flict 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, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
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 that the Board of Education of Mclntosh County shall be elected by the people.
"Against ratification of amendment to the Constitution so as to provide that the Board of Education of Mclntosh County shall be elected 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 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.
WEDNESDAY, JANUARY 22, 1958
149
On the adoption of the Resolution, the roll call was ordered and the vote was as follows:
Adams Alien Ballard Barber Barrett Baughman Black Blalock of Coweta Bodenhamer Boggs Brackin Bradley Brennan Brooks of Oglethorpe Brooks of Fulton Broome Burkhalter Busbee Cagle Caldwell Callier Carlisle Carr Carswell Carter Chastain Cheatham Cheek Coalson Cocke Craven Crummey Denmark Dorminy Echols Elder Bills Eyler Fellows Floyd Fordham Fowler of Douglas Fowler of Treutlen Frazier Freeman
Fuqua Gowen Green of Rabun Griffith Grimsley Gross of Dade Gunter Hall of Lee
Hardaway Harper Harrison Hawkins Helms Henderson Hendrix Hill Hodges of Butts Hogan Holcombe Holloway Hurst Ingle Irvin Jessup Johnson Jones of Wayne Jones of Worth Jones of Lumpkin Jones of Baker Jones of Laurens Jones of Sumter Jones of Crawford Kelley Key Kidd Killian Kimmons King Lam Lancaster Lindsey Lokey Love Mackay Mann Matthews Miles Miller of Twiggs Miller of Elbert Mobley Moorman Morris Moss Mull Murphy
Murr Musgrove MeCracken McGibony McKenna McWhorter
Neese Nichols Nilan Orr Overby Palmer Parker of Pike Parker of Ware Parker of Appling Payton Pelham Perkins Perry Peters Pettey Phillips of Columbia Phillips of Walton Pickett Ramsey
Raulerson Reed Roberts Rodgers of Charlton Rogers of Heard Ross Roughton Rowland Russell Scoggin Sheffield Short Sivell Smith of Forsyth Smith of Emanuel Smith of Lamar Smith of Whitf ield Souter Stephens Story Summers Tabb Tamplin
Taylor Todd Truelove Twitty Underwood Watson Weems Wells White Willingham Willis
150
JOURNAL OF THE HOUSE,
Wilson Winkle
Wooten Wright of Floyd
Wright of Dodge
On the adoption of the Resolution, the ayes were 166, nays 0.
The Resolution, having received the requisite two-thirds constitutional majority, was adopted.
HR 252-662b. By Mr. Pelham of Schley:
A RESOLUTION
Proposing an amendment to the Constitution to provide for the election of the members of the County Board of Education of Schley County by the voters of the entire county; to retain the present Board of Education to a certain date; to repeal a Resolution proposing an amendment to the Constitution to provide for the election of the members of the County Board of Education of Schley County by the voters of the entire county; approved March 8, 1957 (Ga. Laws 1957, p. 351) ; to provide for the submission of the amendment to the people for rati fication 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 striking the first paragraph of Section I of an amendment proposed by a Resolution found in Ga. L. 1950, p. 490, ratified at the general election of 1950, and by substituting in lieu thereof a new paragraph so that the first paragraph of section 1 of the amendment to the Constitution as amended hereby shall read:
"Section 1. The members of the County Board of Education of Schley County shall be elected by the people at the same time and for the same term that other county officers are elected, and shall hold their offices until their successors are elected and quali fied. Should a vacancy occur in the office of any member thus elected, a successor shall be appointed by the judge of the superior court for the unexpired term. Two members from Militia District No. 1, known as the Ellaville District; and one member from Mi litia District No. 882, known as the LaCrosse District; and one member from Militia District No. 785, known as the Lickskillet District; and one member from Militia District No. 946, known as the Patton Hill District shall be elected to serve on the Board. The registered and qualified voters of the entire county shall vote for the election of the member or members from each district. The Board of Education of Schley County in office at the time of the effective date of this amendment shall be abolished effective Janu ary 1, 1961, and the terms of all members of such board shall expire on such date.
SECTION 2
A Resolution proposing an amendment to the Constitution to pro vide for the election of the members of the County Board of Education of Schley County by the voters of the entire county, approved March 8, 1957 (Ga. Laws 1957, p. 351), is hereby repealed.
WEDNESDAY, JANUARY 22, 1958
151
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, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"For ratification of amendment to the Constitution providing for the election of the members of the County Board of Education of Schley County by the voters of the entire County."
"Against ratification of the amendment to the Constitution pro viding for the election of the members of the County Board of Education of Schley County by the voters of the entire 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 effective January 1, 1960. The returns of the election shall be made in like manner as returns for elections for members of the Gen eral 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 call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Alien
Ballard Barber Barrett Baughman
Black Blalock of Coweta Bodenhamer Boggs Bolton Bradley Brennan
Brooks of Oglethorpe Brooks of Fulton Broome
Burkhalter Busbee
Cagle Caldwell Callier Carlisle
Carr Carswell Carter Chastain Cheatham Cheek Coalson
Cocke Cowart Crummey
Denmark Dorminy
Echols Elder Ellis Eyler
Fellows Floyd Fordham Fowler of Douglas Fowler of Treutlen Frazier Freeman
Fuqua Gowen Green of Rabun
152
JOURNAL OF THE HOUSE,
Griffith Grimsley Gross of Bade Gunter Hall of Lee Hardaway Harper Harrison Hawkins
Helms Henderson Hendrix Hill Hodges of Butts
Hogan Holcombe Holloway Hurst Ingle Irvin Jessup Johnson Jones of Wayne Jones of Worth Jones of Lumpkin Jones of Baker Jones of Laurens Jones of Sumter Jones of Crawford
Kelley Key Kidd Killian Kimnions King Lam Lancaster Lindsey Lokey
Love Mackay Mann Matthews Miles Miller of Twiggs Miller of Elbert
Mobley Moorman Morris Moss Mull Murphy Murr Musgrove McCracken McGibony McKenna McWhorter Neese Nichols Nilan Orr Overby Palmer Parker of Pike Parker of Ware Parker of Appling Payton Pelham Perkins Perry Peters Pettey Phillips of Columbia Phillips of Walton Pickett Ramsey Raulerson
Reed Roberts Rodgers of Charlton Rogers of Heard Ross Roughton Rowland Russell Scoggin Sheffield Short Sivell Smith of Forsyth Smith of Emanuel Smith of Lamar Smith of Whitfield Souter Stephens Story
Summers Tabb Tamplin Taylor Todd Truelove Twitty Underwood Watson Weems Wells White Willingham Willis Wilson Winkle Wooten Wright of Floyd Wright of Dodge
On the adoption of the Resolution, the ayes were 166, nays 0.
The Resolution, having received the requisite two-thirds constitutional majority, was adopted.
HR 259-662i. By Mr. Kimmons of Pierce:
A RESOLUTION
Proposing an amendment to the Constitution, so as to provide for the election of the members of Board of Education of Pierce County; to provide a 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:
WEDNESDAY, JANUARY 22, 1958
153
SECTION 1
Article VIII, Section V, Paragraph I of the Constitution, relating to County Boards of Education, as amended, is hereby amended by adding at the end thereof the following:
"The Board of Education of Pierce County shall be composed of five members to be elected as hereinafter provided. For the purpose of electing such members Pierce County is hereby divided into four Education Districts.
"Education District No. 1 shall be composed of the territory within the corporate limits of the City of Blackshear.
"Education District No. 2 shall be composed of Militia District No. 584, known as the Blackshear Militia District, outside the corporate limits of the City of Blackshear.
"Education District No. 3 shall be composed of Militia District No. 1181, known as the Patterson Militia District.
"Education District No. 4 shall be composed of all of Pierce County, other than Education Districts No. 1, No. 2, and No. 3.
Any person offering as a candidate to represent an education dis trict on the Board must reside in the educational 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. The members of the Board shall be elected by the qualified and registered voters of the entire County.
"One member shall be elected from Education District No. 1, one member shall be elected from Education District No. 2, one member shall be elected from Education District No. 3, and two members shall be elected from Education District No. 4.
"In the event this amendment is ratified, it shall be the duty of the Ordinary of Pierce 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 fifth and fifteen of December, inclusive, in the year 1958. 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 at least two times preceding the date of the election in the official organ of Pierce County. The members elected at such election shall take office January 1, 1959. The members elected from Education Districts No. 1 and No. 3 shall serve for a term of four years and until their successors are elected and qualified. The members elected from Education Dis tricts No. 2 and 4 shall serve for a term of two years and until their successors are elected and qualified. All future elections for successors shall be held on the same day that members of the General Assembly from Pierce County are elected. The members shall take office on the first day of January immediately following their election, and the members so elected shall serve for a term of four years and until their successors are elected and qualified.
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JOURNAL OF THE HOUSE,
In the event 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 Education 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 in effect at the time of the ratification of this amendment shall be abolished effec tive December 31, 1958, and the terms of office of all members of such Board shall expire on such date.
"The County Board of Education 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 County Board of Education shall annually elect one of their members as chairman of said Board and such chairman shall be elected at the first meeting of the Board held in each year. The members of the Board shall be compensated in the amount of $240.00 per annum.
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 Ballard Barber Barrett Baughman
Black Blalock of Coweta Bodenhamer
Boggs Brackin Bradley Brennan Brooks of Oglethorpe Brooks of Fulton
Broome Burkhalter
Busbee Cagle Caldwell Callier Carlisle Carr Car swell Carter Chastain Cheatham
Cheek Coalson Cocke Craven Crummey Denmark Dorminy Echols Elder Ellis Eyler Fellows Floyd Fordham Fowler of Douglas Fowler of Treutlen Frazier Freeman Fuqua Gowen Green of Rabun Griffith Grimsley Gross of Dade Gunter Hall of Lee Hardaway
Harper Harrison Hawkins Helms Henderson Hendrix Hill Hodges of Butts Hogan Holcombe Holloway Hurst Ingle Irvin Jessup Johnson Jones of Wayne Jones of Worth Jones of Lumpkin Jones of Baker Jones of Laurens Jones of Sumter Jones of Crawford Kelley Key Kidd Killian
WEDNESDAY, JANUARY 22, 1958
155
Kimmons King Lam Lancaster Lindsey Lokey Love Mackay Mann Matthews Miles Miller of Twiggs Miller of Elbert Mobley Moorman Morris Moss Mull Murphy Murr Musgrove McCracken McGibony McKenna McWhorter Neese Nichols Nilan
Orr Overby Palmer Parker of Pike Parker of Ware Parker of Appling Payton Pelham Perkins Perry Peters Pettey Phillips of Columbia Phillips of Walton Pickett Ramsey Raulerson Reed Roberts Rodgers of Charlton Rogers of Heard Ross Roughton Rowland Russell Scoggin Sheffield Short
Sivell Smith of Forsyth Smith of Emanuel Smith of Lamar Smith of Whitf ield Souter Stephens Story Summers Tabb Tamplin Taylor Todd Truelove Twitty Underwood Watson Weems Wells White Willingham Willis Wilson Winkle Wooten Wright of Floyd Wright of Dodge
On the adoption of the Resolution, the ayes were 166, nays 0.
The Resolution, having received the requisite two-thirds constitutional majority, was adopted.
HR 272-687e. By Mr. Denmark of Liberty:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide for the election of the members of the Board of Education of Liberty County by the people; 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 Liberty County shall be composed of five (5) members to be elected as hereinafter provided. Each member of the Board of Education shall be a resident of Liberty County and shall be elected for a term of four (4) years by the qualified voters of Liberty County. In the event this amendment is ratified, it shall be the duty of the Ordinary of Liberty County
156
JOURNAL OF THE HOUSE,
to issue the call for an election, which call shall be issued at least ten (10) days prior to the date of such election. The Ordinary shall set the date for such election for a day between the fifteenth and twentieth days of December of 1958. Such election shall be for the purpose of electing the first members of the Board of Education of Liberty 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 at least once preceding the date of the election in the official organ of Liberty County. The members elected at such election shall take office January 1, 1959.
At the first meeting in January of 1959 and all the first meetings in January every four (4) years thereafter, the members of the Board shall elect a Chairman for the next four (4) years. Each member of the Board shall be eligible to succeed himself as Chairman. In the event of a vacancy in the Board for any reason other than the expiration of a term of office, the remaining mem bers of the Board shall elect a successor who shall serve for the unexpired term. The Board of Education of Liberty County in effect at the time of the ratification of this amendment shall be abolished, effective December 31, 1958, and the terms of all mem bers of such Board shall expire on such date. The Liberty County Board of Education, as provided for herein, shall be subject to all Constitutional provisions and all statutory provisions relative to County Boards of Education until such Sections 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, such pro posed amendment shall be published and submitted as provided in Arti cle XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
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 Liberty 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 Liberty County by the people."
All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification.
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as 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.
WEDNESDAY, JANUARY 22, 1958
157
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 Ballard Barber Barrett Baughman Black Blalock of Coweta Bodenhamer Boggs Brackin Bradley Brennan Brooks of Oglethorpe Brooks of Fulton Broome Burkhalter Busbee Cagle Caldwell Callier Carlisle Carr
Carswell Carter Chastain Cheatham Cheek Coalson Cocke Craven Crummey Denmark Dorminy Duncan Elder Ellis Eyler Fellows Floyd Flynt Fordham Fowler of Douglas Fowler of Treutlen Frazier Freeman Fuqua Gowen
Green of Rabun Griffith Grimsley Gross of Dade Gunter Hall of Lee Hardaway Harper Harrison Hawkins Helms Henderson Hendrix Hill Hodges of Butts Hogan Holcombe Holloway Hurst Ingle Irvin Jessup Johnson Jones of Wayne Jones of Worth Jones of Lumpkin Jones of Baker Jones of Laurens Jones of Sumter Jones of Crawford Kelley Key Kidd Killian Kimmons King Lam Lancaster Land Lindsey Lokey Love Mackay Mann Matthews Miles Miller of Twiggs Miller of Elbert
Mobley Moorman Morris Moss Mull Murphy Murr Musgrove McCracken McGibony McKenna McWhorter Neese Nichols Nilan Orr Overby Palmer Parker of Pike
Parker of Ware Parker of Appling Payton Pelham Perkins Perry Peters Pettey Phillips of Columbia Phillips of Walton Pickett Ramsey Raulerson Reed Roberts Rodgers of Charlton Rogers of Heard Ross Roughton
Rowland Russell Scoggin Sheffield Short Sivell Smith of Forsyth Smith of Emanuel Smith of Lamar Smith of Whitf ield
158
JOURNAL OF THE HOUSE,
Souter
Stephens Story Summers
Tabb Tamplin Taylor Todd
Truelove
Twitty Underwood Watson
Weems Wells White Willingham
Willis Wilson Winkle Wooten Wright of Floyd Wright of Dodge
On the adoption of the Resolution, the ayes were 166, nays 0.
The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.
HR 274-687g. By Mr. Denmark of Liberty:
A RESOLUTION
Proposing an amendment to the Constitution so as to create the Liberty County Industrial Authority; 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 GEORGIA:
SECTION 1
Article VII, Section V, Paragraph I of the Constitution relating to taxing power and contributions of counties, municipalities and political subdivisions of the State is hereby amended by adding at the end thereof the following:
"There is hereby created a body, corporate and politic, to be known as the Liberty County Industrial Authority to consist of a minimum of three (3) and a maximum of five (5) citizens of Liberty County appointed by the governing authority of Liberty County and the Representative of Liberty County in the General Assembly. The members of such authority shall serve a term which shall coincide with the term of the governing authority which shall appoint them, and the Representative shall serve a term which shall coincide with his term in the General Assembly. The purpose of the Liberty County Industrial Authority is the develop ing and promoting for the public good and welfare industry within Liberty County, and funds, property and assets of whatever kind or description of the Authority are hereby declared to be exempt from all taxation by the State, any county, municipality or any political subdivision thereof. The Authority shall not be empowered or authorized to create a debt as against the State of Georgia or Liberty County. Liberty County is hereby authorized to levy and collect an annual ad valorem tax not exceeding two (2) mills for developing and promoting industry and is directed to pay to the Authority all funds derived from such levy to be used for the pur poses herein set forth. The General Assembly is hereby authorized to enact legislation to implement this amendment in any manner it sees fit."
WEDNESDAY, JANUARY 22, 1958
159
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, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
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 create a Liberty County Industrial Authority.
"Against ratification of amendment to the Constitution so as to create a Liberty County Industrial Authority."
All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification.
If 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 call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.
Adams Alien Ballard Barber Barrett Baughman Black Blalock of Coweta Bodenhamer Boggs Brackin Bradley Brennan Brooks of Oglethorpe Brooks of Fulton Broome Burkhalter Busbee Cagle
Caldwell Callier Carlisle Carr Carswell Carter Chastain Cheatham Cheek Coalson Cocke Craven Crummey Denmark Dorminy Duncan Echols Elder Ellis
Eyler Fellows Floyd Fordham Fowler of Douglas Fowler of Treutlen Frazier Freeman Fuqua Gowen Green of Rabun Griffith Grimsley Gross of Dade Gunter Hall of Lee Hardaway Harper Harrison
160
JOURNAL OF THE HOUSE,
Hawkins Helms Henderson Hendrix Hill Hodges of Butts Hogan Holcombe Holloway Hurst Ingle Irvin Jessup Johnson Jones of Wayne Jones of Worth Jones of Lumpkin Jones of Baker Jones of Laurens Jones of Sumter Jones of Crawford Kelley Key Kidd Killian Kimmons King Lam Lancaster Land Lindsey Lokey Love Mackay Mann Matthews Miles Miller of Twiggs
Miller of Elbert Mobley Moorman Morris Moss Mull Murphy Murr Musgrove McCracken McGibony McKenna McWhorter Neese Nichols Nilan Orr Overby Palmer
Parker of Pike Parker of Ware Parker of Appling Payton Pelham Perkins Perry Peters Pettey Phillips of Columbia Phillips of Walton Pickett Ramsey Raulerson
Reed Roberts Rodgers of Charlton Rogers of Heard Ross
Roughton Rowland Russell Seoggin Sheffield Short Sivell
Smith of Forsyth Smith of Emanuel Smith of Lamar Smith of Whitf ield Souter Stephens Story Summers Tabb
Tamplin Taylor Todd Truelove Twitty Underwood Veal Watson Weems Wells White Willingham Willis Wilson
Winkle Wooten Wright of Floyd Wright of Dodge Yandle Young
On the adoption of the Resolution, the ayes were 166, nays 0.
The Resolution, having received the requisite two-thirds constitutional ma jority was adopted.
HR 276-687i. By Mr. Harper of Gilmer:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide for the election of the members of the Board of Education of Gilmer County by districts; 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:
WEDNESDAY, JANUARY 22, 1958
161
SECTION 1
Article VIII, Section V, Paragraph I of the Constitution, relating to county board of education, as amended by an amendment applying to the Board of Education of Gilmer County found in Ga. Laws 1953, Nov.-Dec. Session, page 544, is hereby amended by striking the afore said amendment applying to Gilmer County and inserting in lieu thereof the following:
"The Board of Education of Gilmer County shall be composed of five members to be elected as hereinafter provided. For the purpose of electing such members, Gilmer County is hereby divided into five Education District.
"Education District No. 1 shall be composed of Militia District #850 (Ellijay).
"Education District No. 2 shall be composed of Militia District #864 (Tickanetley), Militia District #932 (Cartecay) Militia District #1341 (Diamond), Militia District #1355 (Alto), and Militia District #1498 (Bucktown).
"Education District No. 3 shall be composed of Militia District #1035 (Leaches), Militia District #1091 (Ball Ground), Militia District #1135 (Town Creek), and Militia District #1302 (Coosawattee).
"Education District No. 4 shall be composed of Militia District #958 (Mountaintown), Militia District #1009 (Tails Creek), and Militia District #1274 (Ridgeway).
"Education District No. 5 shall be composed of Militia District #907 (Boardtown) and Militia District #1136 (Cherry Log).
"The Board of Education shall be composed of one member from each Education District. Any person, in order to be eligible for membership on the Board to represent an Education District, must reside in the District which he represents, and each member from an Education District shall be elected and voted on only by the voters of his own District.
"The first members of the Board to be elected by Districts as provided herein shall be elected at the general election in 1960 and shall take office January 1, 1961. The members elected from Edu cation Districts No. 1, 2 and 3 shall take office for a term of four years, and the members elected from Education Districts No. 4 and 5 shall take office for a term of two years. Such members shall serve until their successors are elected and qualified and all future members shall be elected for a term of four years and until their successors are elected and qualified. All future elections shall be held at the same time as elections for the members of the General Assembly from Gilmer County are held, and the members elected shall take office on the 1st day of January immediately following their election.
"In the event of a vacancy on the Board for any reason other than the expiration of a term of office, the remaining members of the Board shall select a person who resides in the District in which the vacancy exists who shall serve for the unexpired term. In the event a person who represents an Education district moves
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his residence from such District, a vacancy shall exist in such District and shall be filled in the same manner as other vacancies.
"At the election in 1958, the members of the Board shall be elected under the terms of the aforesaid amendment applying to Gilmer County, but the terms of the members so elected shall expire on December 31, 1960, and the Board as provided in the aforesaid amendment shall expire and be abolished on such date.
"The Board of Education of Gilmer County, as created herein, shall be subject to all constitutional provisions and all statutory provisions relative to county boards of education unless such pro visions 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, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
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 Gilmer County by districts."
"Against ratification of amendment to the Constitution so as to provide for the election of the members of the Board of Education of Gilmer County by districts."
All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification.
If such amendment shall be ratified as provided in said Paragraph 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 call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Alien Ballard Barber
Barrett Baughman Birdsong Black
Blalock of Coweta Bodenhamer Boggs Bolton
WEDNESDAY, JANUARY 22, 1958
163
Brackin Bradley Brennan Brooks of Oglethorpe Brooks of Pulton Broome Budd Busbee Cagle Caldwell Callier A. Campbell of
Walker Carlisle Carr Carswell Carter Chastain Cheatham Cheek Coalson Cocke Craven Crummey Denmark Dorminy Echols Elder Ellis Eyler Fellows Floyd Fordham Fowler of Douglas Fowler of Treutlen Frazier Freeman Fuqua Gowen Green of Rabun Griffith Grimsley Gross of Stephens Gunter Hall of Lee Hardaway Harper Harrison Hawkins Helms Henderson Hendrix Hill
Hodges of Butts Hogan Holcombe Holloway Hurst Ingle Irvin Jessup Johnson Jones of Wayne Jones of Worth Jones of Lumpkin Jones of Baker Jones of Laurens Jones of Sumter Jones of Crawford Kelley Key Kidd Killian Kimmons King Lam Lancaster Lindsey Lokey Love Mackay Mann Matthews Miles Miller of Twiggs Miller of Elbert Mobley Moorman Morris Moss Mull Murphy Murr Musgrove McCracken McGibony McKenna McWhorter Neese Nichols Nilan Orr Overby Palmer Parker of Pike Parker of Ware
Parker of Appling Payton Pelham Perkins Perry Peters
Pettey Phillips of Columbia Phillips of Walton Pickett Ramsey Raulerson Ray Reed Roberts Rodgers of Charlton Rogers of Heard Ross Roughton
Rowland Russell Scoggin Sheffield Short Sivell Smith of Forsyth Smith of Emanuel Smith of Lamar Smith of Whitf ield Smith of Bryan Souter Stephens Story Summers Tabb Tamplin Taylor
Todd Truelove Twitty Underwood Watson Weems Wells White Willingham Willis Wilson Winkle Wooten Wright of Floyd Wright of Dodge
On the adoption of the Resolution, the ayes were 166, nays 0.
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JOURNAL OF THE HOUSE,
The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.
Mr. Veal of Putnam asked that the Journal show him as having voted "aye" on all Local Bills and Constitutional Amendments.
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 291. By Mr. Hawkins of Screven:
A Resolution inviting Dr. Marshall G. Brucer to address the General Assembly; and for other purposes.
HR 292. By Mr. Hawkins of Screven:
A Resolution inviting Hon. E. L. "Tic" Forrester to address the General Assembly; and for other purposes.
HR 293. By Mr. Hawkins of Screven:
A Resolution inviting Hon. Marion Folsom to address the General Assembly; 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 694. By Messrs. Moate of Hancock, Hawkins of Screven, Sheffield of Brooks, Jessup of Bleckley, Scoggin of Floyd and many others:
A Bill to be entitled an Act to amend an Act creating the Georgia Rural Roads Authority; and for other purposes.
Mr. Cheatham of Chatham moved that HB 694 be recommitted to the Com mittee on State of Republic with instructions to hold a public hearing.
On the motion to recommit with instructions, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Alien Bagby Ballard
Barrett Black Blalock of Coweta Blalock of Clayton Bradley Brennan Brooks of Fulton Broome
Busbee Cagle Caldwell
Carlisle Carter Cheatham Cheek Coalson Cowart Craven Crummey
Dorminy Echols Ellis
Eyler Fordham Fowler of Douglas Fowler of Treutlen Frazier Freeman Fuqua Gowen
WEDNESDAY, JANUARY 22, 1958
165
Griffith Gross of Stephens Gunter Hall of Lee Harper Harrison Hill Hodges of Ware Holcombe Holloway Ingle Irvin Jones of Wayne Jones of Worth Jones of Lumpkin Jones of Laurens Jones of Crawford Kelley Killian Lancaster Lanier Lee Lindsey Lokey Long
Lott Love Mackay Matthews Miller of Elbert Moss Murphy McClelland McCracken McGibony McKenna McWhorter Nichols Odom Orr Palmer Parker of Ware Parker of Appling Payton Phillips of Columbia Pickard Pickett Ramsey Raulerson Reed
Rogers of Heard Ross Roughton Russell Sivell
Smith of Emanuel Smith of Pulton
Souter Stephens Story Summers Tabb Tamplin Taylor Todd Truelove Twitty Underwood
Walker of Lowndes Wilson Winkle Wooten Wright of Dodge Young
Those voting in the negative were Messrs.:
Adams Barber Baughman Birdsong Bodenhamer Boggs Brackin Brooks of Oglethorpe Budd Burkhalter Callier A. Campbell of
Walker W. Campbell of
Walker Carr Carswell Chastain Cloud Cocke Denmark Duncan Elder Fellows Floyd Flynt Green of Rabun Grimsley
Gross of Dade Hall of Floyd Hardaway Hawkins Helms Henderson Hendrix Hogan Jessup Johnson Jones of Baker Jones of Sumter Kennedy Key Kidd Kimmons King Land Larkins Mann Martin Miles Miller of Twiggs Mobley Moorman Morris Mull Murr
Musgrove Nilan Overby Parker of Pike Pelham Perkins Perry Peters Pettey Phillips of Walton Roberts
Rodgers of Charlton Rowland Scoggin Sheffield Short Smith of Forsyth Smith of Lamar Smith of Whitfield Veal Watson
Weems Wells White Willingham Willis
Wright of Floyd Yandle
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JOURNAL OF THE HOUSE,
On the motion, the ayes were 101, nays 87.
The motion prevailed, and the Bill was recommitted with instructions that the committee hold a public hearing on same.
The Speaker recognized Mr. Rogers of Heard County who introduced his niece, Miss Marjorie Rogers, director of the Heard High School Band, which ren dered several selections for the enjoyment of the House.
Mr. Hawkins of Screven moved that the House do now adjourn until 10:00 o'clock, a.m., and the motion prevailed.
The Speaker announced the House adjourned until 10:00 o'clock tomorrow morning.
THURSDAY, JANUARY 23, 1958
167
Representative Hall, Atlanta, Georgia Thursday, January 23, 1958
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 Bagby Ballard Barber Barrett Baughman Birdsong Black Blalock of Coweta Blalock of Clayton Bodenhamer Boggs Brackin Bradley Brennan Brooks of Oglethorpe Brooks of Fulton Broome Budd Busbee Cagle Caldwell Callier A. Campbell of
Walker W. Campbell of
Walker Carlisle Carr Carswell Carter Chastain Cheatham Cheek Cloud Coalson Cocke Cowart Craven Crummey Denmark Dorminy Dunean Echols Elder
Ellis Eyler Fellows Floyd Flynt Fordham Fowler of Douglas Fowler of Treutlen Frazier Freeman Gowen Green of Rabun Greene of Bartow Grimsley
Gross of Stephens Gross of Dade Gunter Hall of Lee Hall of Floyd Hardaway Harper Harrison Hawkins Helms Henderson Hodges of Ware Hodges of Butts Hogan Holcombe Holloway Huddleston Hurst Ingle
Irvin
Jessup Johnson Jones of Worth Jones of Lumpkin Jones of Baker Jones of Laurens Jones of Sumter Jones of Crawford Kelley Kidd Killian
Kimmons King Lam Lancaster Land Larking Lee Lindsey Lokey Long Lott Mackay Mann Matthews Miles Mobley Moorman Morris Mull Murphy Murr Musgrove McClelland McGibony McKenna McWhorter Neese Nichols Nilan Orr Overby Palmer Parker of Pike Parker of Ware Parker of Appling Payton Pelham Perkins Perry Peters Phillips of Walton Pickard Pickett Ramsey Raulerson
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JOURNAL OF THE HOUSE,
Reed Roberts Rodgers of Charlton Rogers of Heard Ross Roughton Rowland Russell Scoggin Short Singer Sivell Smith of Forsyth Smith of Lamar Smith of Fulton
Smith of Whitfield Souter Stephens Summers Tabb Tamplin Tarpley Taylor Todd Truelove Twitty Underwood Veal Walker of Lowndes Walker of Telfair
Watson Weems Wells White Willingham Willis Wilson Winkle Wooten Wright of Ployd Wright of Dodge Yandle Young
Mr. Bradley of Bartow gave notice that at the proper time he would move that the House reconsider its action in passing the following Bill of the House:
HB 678. By Messrs. Greene and Bradley of Bartow:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Cartersville; and for other purposes.
Mr. Black of Webster, Chairman of the committee on Auditing, Enrolling and Engrossing, Journals, reported that the Journal of yesterday's proceedings had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Reports of standing committees. 4. Second reading of Bills and Resolutions. 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. Bradley of Bartow moved that the House reconsider its action in passing the following Bill of the House:
HB 678. By Messrs. Greene and Bradley of Bartow: A Bill to be entitled an Act to amend an Act creating a new charter for the City of Cartersville; and for other purposes.
THURSDAY, JANUARY 23, 1958
169
The motion prevailed, and the House reconsidered its action in passing the Bill.
By unanimous consent, the following Bills and Resolutions of the House were read the first time:
HB 781. By Dr. Miller of Elbert:
A Bill to be entitled an Act to amend an Act incorporating the City of Elberton, so as to authorize the City Tax Assessors to employ outside personnel to assist in assessing and appraising the property of said City, and for other purposes.
Referred to the Committee on Local Affairs.
HB 782. By Mr. Bagby of Paulding:
A Bill to be entitled an Act to amend an Act relating to compensation for injuries, so as to provide for compensation for the complete loss of hearing in one ear; and for other purposes.
Referred to the Committee on Industrial Relations.
HB 783. By Messrs. Payton of Coweta, Orr of Wilkes, Ross of Lincoln, Willing-
ham of Cobb, Twitty of Mitchell, McKenna of Bibb, Holcombe of Cobb and others:
A Bill to be entitled an Act to provide procedure by which heirs at law of a deceased owner of real or personal property located in this State, who dies intestate, and upon whose estate no proceedings for permanent administration have been instituted, may apply for and obtain from the Court of Ordinary an order finding that no administra tion or no permanent administration, as the case may be, on the estate of the deceased owner is necessary, and for other purposes.
Referred to the Committee on Special Judiciary.
HB 784. By Mr. Overby of Hall:
A Bill to be entitled an Act to amend an Act relating to the duties of the Attorney General, so as to provide that the Governor shall be authorized to require the Attorney General to assist in defending the registrars of the various counties in certain court cases; and for other purposes. Referred to the Committee on State of Republic.
HB 785. By Messrs. Cloud and Taylor of Decatur:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Bainbridge, so as to change the corporate limits of said City, and for other purposes.
Referred to the Committee on Local Affairs.
HR 326-785a. By Messrs. Stephens of Clarke, Freeman of Monroe and Brooks of Oglethorpe:
A Resolution authorizing the repairing of the monument of Captain Henry Wirtz; and for other purposes.
Referred to the Committee on Special Judiciary.
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JOURNAL OF THE HOUSE,
HR 327-785b. By Messrs. Stephens of Clarke, Brooks of Oglethorpe and Freeman of Monroe:
A Resolution authorizing the placing of a plaque at the entrance of the Georgia Hall of Fame, and for other purposes.
Referred to the Committee on Special Judiciary.
HR 328-785c. By Messrs. Stephens of Clarke, Brooks of Oglethorpe and Freeman of Monroe:
A Resolution authorizing the placing of busts of seven great Georgians in the Georgia Hall of Fame at the State Capitol, and for other purposes.
Referred to the Committee on Special Judiciary.
HR 329-785d. By Messrs. Murphy of Haralson and Hawkins of Screven:
A Resolution to create a joint interim Committee of the House and Senate to investigate and hold hearings relative to the need, or lack of need, for legislation further defining and prohibiting barratry and other offenses against the administration of justice; and for other purposes.
Referred to the Committee on State of Republic.
HR 330-785e. By Mr. Harper of Gilmer:
A Resolution to designate a bridge across the Cartecay River at the City limits of East Ellijay, Georgia as the A. Charles Soule Bridge, and for other purposes.
Referred to the Committee on Highways.
HR 331-785f. By Messrs. Stephens of Clarke, Brooks of Oglethorpe and Freeman of Monroe:
A Resolution authorizing the Secretary of State to obtain certain records of the Confederate Army for Georgia; and for other purposes.
Referred to the Committee on Special Judiciary.
HB 786. By Messrs. Mobley of Burke, Hall of Floyd, Bodenhamer of Tift and Carswell of Burke:
A Bill to be entitled an Act to amend an Act relating to county line schools, and for other purposes.
Referred to the Committee on Education.
HB 787. By Mr. McClelland of Fulton:
A Bill to be entitled an Act to amend an Act relating to the criminal offense of carrying on lottery so as to provide that the participating in, playing or betting on a lottery shall be a misdemeanor; and for other purposes.
Referred to the Committee on Judiciary.
THURSDAY, JANUARY 23, 1958
171
HR 332-787a. By Messrs. Reed, Holcombe and Willingham of Cobb:
A Resolution proposing an amendment to the Constitution so as to authorize the City of Marietta and its Board of Lights and Water Works to combine and operate the water and sewerage system and electric system of said City as one revenue undertaking, and for other purposes.
Referred to the Committee on Local Affairs.
HR 333-787b. By Mr. McClelland of Fulton:
A Resolution declaring certain property of the State surplus, and authorizing the Governor to sell such property, in Fulton County, and for other purposes.
Referred to the Committee on State Institutions and Property.
HB 788. By Mr. Overby of Hall:
A Bill to be entitled an Act to amend an Act regulating trade practices in the business of insurance, so as to provide that it shall be considered an unfair trade practice to make available to any firm, corporation or association of firms, corporations or individuals, through any rating plan or form, fire, casualty, surety or workmen's compensation in surance at any preferred rate or premium based upon any fictitious grouping of such firm, etc.; and for other purposes.
Referred to the Committee on Insurance.
HB 789. By Mr. Hawkins of Screven:
A Bill to be entitled an Act to amend an Act relating to the purposes for which counties may levy taxes, to authorize any county the right to levy a tax for school lunch purposes, and for other purposes.
Referred to the Committee on Ways and Means.
HR 334-789a. By Mr. Hawkins of Screven:
A Resolution ratifying the instrument whereby the U.S. of America was granted a certain easement for the purpose of a Safety Zone on Crooked River State Park property in Camden County, Georgia by the Governor of Georgia, and for other purposes.
Referred to the Committee on State Institutions and Property.
HR 335-789b. By Mr. Wilson of Bibb:
A Resolution proposing a Resolution to prohibit the issuance of any bond or otherwise incurring of any new indebtedness by any public agency, public corporation or authority under specified conditions, and for other purposes.
Referred to the Committee on State of Republic.
By unanimous consent, the following Committee Reports were submitted and read:
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JOURNAL OF THE HOUSE,
Mr. Jack Short of Colquitt County, Chairman of the Committee on Local Affairs, submitted the following report: Mr. Speaker:
Your Committee on Local Affairs, has had under consideration the following Bills and Resolutions 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 645. Do Pass. HB 700. Do Pass. HB 701. Do Pass. HB 710. Do Pass. HB 711. Do Pass. HB 716. Do Pass. HB 717. Do Pass. HB 719. Do Pass. HB 722. Do Pass. HB 724. Do Pass. HB 725. Do Pass. HB 726. Do Pass. HB 728. Do Pass. HB 730. Do Pass. HB 731. Do Pass. HB 732. Do Pass. HB 733. Do Pass. HB 737. Do Pass. HB 738. Do Pass. HB 739. Do Pass. HB 740. Do Pass. HB 741. Do Pass. HB 744. Do Pass. HB 729. Do Pass. HE 300-744d. Do Pass. HR 303-744g. Do Pass. SR 14. Do Pass.
Respectfully submitted,
Short of Colquitt, Chairman.
THURSDAY, JANUARY 23, 1958
173
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 fol lowing Bill and Resolutions of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 308. Do Pass.
HR 277-687J. Do Pass.
HR 278-687k. Do Pass.
Respectfully submitted,
Jones of Lumpkin, Chairman.
By unanimous consent, the following Bills and Resolutions of the House were read the second time:
HB 745. By Mr. Ellis of Henry:
A Bill to be entitled an Act to amend an Act incorporating the Town of Hampton, so as to change the corporate limits, and for other purposes.
HB 746. By Mr. Ellis of Henry:
A Bill to be entitled an Act to amend an Act incorporating the City of Stockbridge, so as to change the corporate limits, and for other purposes.
HB 747. By Mr. Ellis of Henry:
A Bill to be entitled an Act to amend an Act incorporating the Town of McDonough, and for other purposes.
HB 748. By Mr. Raulerson of Echols:
A Bill to be entitled an Act to amend an Act entitled "An Act to in corporate the Town of Echols, and for other purposes.
HB 749. By Mr. Rowland of Johnson:
A Bill to be entitled an Act to define "pinball machines" to prohibit having pinball machines available; to prohibit the lease or rental of premises for the purpose of having pinball machines available; and for other purposes.
HB 750. By Messrs. Kidd and Griffith of Baldwin:
A Bill to be entitled an Act to be known as the Uniform Boat Regula tion Act; and for other purposes.
HB 751. By Mr. Odom of Camden:
A Bill to be entitled an Act to prohibit the construction of toll roads and toll bridges in any county of this State without the prior approval of the governing authority of said county; and for other purposes.
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JOURNAL OF THE HOUSE,
HB 752. By Mr. Twitty of Mitchell:
A Bill to be entitled an Act to amend an Act relating to the administra tion of the Food and Drugs Act of the State by the Commissioner of Agriculture; so as to redefine a wholesale fish dealer; and for other purposes.
HB 753. By Messrs. Kidd and Griffith of Baldwin:
A Bill to be entitled an Act to amend an Act creating a Board of County Commissioners for Baldwin County, so as to provide that the compen sation of the commissioners shall be determined by the commissioners in lieu of the Grand Jury; and for other purposes.
HB 754. By Messrs. Cheatham, Eyler and Brennan of Chatham:
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.
HB 755. By Dr. Miller of Elbert:
A Bill to be entitled an Act to place the Clerk of the Superior Court and the Ordinary of Elbert County on a salary basis in lieu of a fee basis, and for other purposes.
HB 756. By Dr. Miller of Elbert:
A Bill to be entitled an Act to amend an Act entitled "An Act to pro vide a Board of Commissioners for the County of Elbert, and for other purposes.
HB 757. By Dr. Miller of Elbert:
A Bill to be entitled an Act to amend an Act creating the office of County Tax Commissioner of Elbert County, and for other purposes.
HB 758. By Messrs. Murphy of Haralson, Cloud of Decatur, Bagby of Paulding, Huddleston of Fayette, Bodenhamer of Tift, Roughton of Washington and others:
A Bill to be entitled an Act to regulate the business of private employ ment agencies in Georgia and the procurement of employment for resi dents of Georgia by non-resident agencies; and for other purposes.
HB 759. By Messrs. Young, Pickard and Nilan of Muscogee:
A Bill to be entitled an Act to amend an Act relating to the fees paid to coroners in certain counties, and for other purposes.
HB 760. By Mr. McCracken of Jefferson:
A Bill to be entitled an Act to amend an Act regulating and licensing livestock dealers, so as to delete the licensing fee; and for other purposes.
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175
HB 761. By Mr. McCracken of Jefferson:
A Bill to be entitled an Act to amend an Act relating to the arbitration of tax assessments, so as to provide that the third arbitrator shall be named by the Judge of the Superior Court of the county wherein the property lies, and for other purposes.
HB 762. By Messrs. Brooke and McClelland of Pulton:
A Bill to be entitled an Act to amend an Act so as to provide if the last day for the exercise of any privilege or the discharge of any duty falls on Saturday or Sunday, the person affected shall have through the following Monday to exercise such privilege or discharge such duty, and for other purposes.
HB 763. By Messrs. Blalock and Lee of Clayton:
A Bill to be entitled an Act to repeal an Act incorporating the City of Mountain View, and for other purposes.
HB 764. By Messrs. Blalock and Lee of Clayton:
A Bill to be entitled an Act to amend an Act creating a 3-member board of Commissioners of Roads and Revenues of Clayton County, and for other purposes.
HB 765. By Messrs. Blalock and Lee of Clayton:
A Bill to be entitled an Act to provide for the examination for Qualified Electricians for the right to engage in said vocation in counties having a population of not less than 22,650 and not more than 23,450, and for other purposes.
HB 766. By Messrs. Blalock and Lee of Clayton:
A Bill to be entitled an Act to provide that the governing authorities of certain counties may charge for inspection, require permits, set up a code, and provide rules and regulations for the installations of plumb ing in said counties, and for other purposes.
HB 767. By Messrs. Rogers of Heard, Lanier of Candler and Kimmons of Pierce:
A Bill to be entitled an Act to amend an Act providing for the regula tion of the sale of livestock at auction, so as to change the provisions as to the bonds of weighers at sales establishments; and for other purposes.
HB 768. By Messrs. Tamplin of Morgan, Ballard of Newton, Pelham of Schley, Fowler of Douglas and Boggs of Madison:
A Bill to be entitled an Act to repeal an Act relating to the licenses and fees for the manufacture of butter, ice cream, cheese, condensed milk or milk powder, and for other purposes.
HB 769. By Messrs. Irvin of Habersham, Hall of Floyd and Lee of Clayton:
A Bill to be entitled an Act to provide for the execution of a bond by school principals conditioned upon the true accounting of all funds
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JOURNAL OF THE HOUSE,
and property coming into such principals' custody, control, care of possession, and for other purposes.
HB 770. By Mr. McCracken of Jefferson:
A Bill to be entitled an Act to amend an Act incorporating the town of Louisville; to change the corporate limits; to provide for the estab lishment and maintenance of a system of water works, sewerage and electric lights for said town, and for other purposes.
HB 771. By Mr. Lanier of Candler:
A Bill to be entitled an Act to amend an Act known as the "Georgia Food Act" so as to provide that a copy of analysis of any food made by the State Chemist, obtained under the provisions of said Act, shall be admissible in evidence in any of the courts of this State in any issue involving the content of said food when the copy of the analysis shall be sworn to by the Commissioner of Agriculture, and for other purposes.
HB 772. By Messrs. Musgrove of Clinch, Lott of Berrien, Moorman of Lanier, Helms of Atkinson and Grimsley of Cook.
A Bill to be entitled an Act to amend an Act abolishing the fee system in the Superior Courts of the Alapaha Judicial Circuit, and for other purposes.
HR 310-772a. By Mr. Overby of Hall:
A Resolution authorizing the State Librarian to furnish to the Superior Court of Hall County without charge to said county certain law books, and for other purposes.
HR 311-772b. By Mr. Overby of Hall:
A Resolution to authorize compensation to Hoyt Wehunt, and for other purposes.
HR 312-772c. By Mr. Cagle of Pickens:
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 Pickens County by the people; and for other purposes.
HR 313-772d. By Messrs. Orr of Wilkes, Ross of Lincoln and Cowart of Calhoun:
A Resolution proposing an amendment to the Constitution so as to pro vide that the Chief Justices Emeritus and Justices Emeritus of the Supreme Court, Justices Emeritus of the Court of Appeals and Judges Emeritus of the Superior Courts shall be eligible to preside in or over the Supreme Court, the Court of Appeals and the Superior Courts, and for other purposes.
HR 314-772e. By Mr. Walker of Telfair:
A Resolution to authorize the Governor acting on behalf of the State of Georgia to convey certain property in Telfair County to Telfair County, and for other purposes.
THURSDAY, JANUARY 23, 1958
177
HR 315-772f. By Dr. Miller of Elbert:
A Resolution proposing an amendment to the Constitution so as to provide for the election of members of the Board of Education of Elbert County by districts, and for other purposes.
HR 316-772g. By Messrs. Kidd and Griffith of Baldwin: A Resolution to compensate E. C. Prather; and for other purposes.
HR 317-772h. By Mr. Truelove of White:
A Resolution to compensate Mr. Franklin Truelove for damages incurred as a result of flying stones or gravel from a State Highway Department vehicle; and for other purposes.
HR 318-772i. By Messrs. Kidd and Griffith of Baldwin:
A Resolution to compensate Chandler's Variety Stores, Inc., and for other purposes.
HR 319-772J. By Mr. Jones of Laurens:
A Resolution to compensate E. A. Windham of Glenwood, Georgia for loss of his property; and for other purposes.
HR 320-772k. By Mr. Jones of Laurens: A Resolution to compensate Raymond Blizzard, and for other purposes.
HR 321-7721. By Mr. Cloud of Decatur: A Resolution to compensate Mr. C. A. Mobley, and for other purposes.
HR 322-772m. By Mr. Watson of Houston:
A Resolution proposing an amendment to the Constitution so as to provide for the election of the members of the Board of Education of Houston County by the people; and for other purposes.
HB 773. By Messrs. Hawkins of Screven and Jessup of Bleckley:
A Bill to be entitled an Act to authorize the various departments and agencies of the State to deduct from the salaries and wages of State employees, amounts for the payment of deposits and payments of loans to credit unions within such departments and agencies; and for other purposes.
HR 324-773a. By Mr. Nichols of Towns:
A Resolution proposing an amendment to the Constitution so as to authorize the General Assembly to tax whiskey and allocate the proceeds of such taxation; and for other purposes.
HR 325-773b. By Mr. Phillips of Columbia: A Resolution to compensate William H. Beall; and for other purposes.
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JOURNAL OF THE HOUSE,
HB 774. By Mr. Raulerson of Echols:
A Bill to be entitled an Act to amend an Act entitled "An Act to pro vide for the Establishing 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.
HB 775. By Mr. Fowler of Douglas:
A Bill to be entitled an Act to amend an Act creating a Livestock and Poultry Disease Control Board, and for other purposes.
HB 776. By Messrs. Killian and Gowen of Glynn:
A Bill to be entitled an Act to amend the Charter of the City of Bruns wick; to authorize and empower the City Commission to close certain streets and alleys or portions thereof and to dispose of such streets and alleys or portions thereof so closed in its discretion without ad vertisement for bids and public sale; and for other purposes.
HB 777. By Mr. Overby of Hall:
A Bill to be entitled an Act to amend an Act known as the "Unemploy ment Compensation Law" (Now Employment Security Law) so as to provide that service performed by a real estate agent for renumeration solely by way of commission shall not be deemed "employment" within the meaning of the Employment Security Law, and for other purposes.
HB 778. By Mr. Carr of Dooly:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Vienna, and for other purposes.
HB 779. By Mr. Lindsey of Spalding:
A Bill to be entitled an Act to amend an Act providing for the registra tion and protection of trade-marks, so as to provide for the issuance of a "Reserved Trade-Mark Certificate", and for other purposes.
HB 780. By Mr. Fowler of Douglas:
A Bill to be entitled an Act to amend an Act relating to second primary elections, so as to provide that said section shall be applicable to the office of Lieutenant Governor, and for other purposes.
The Speaker announced the following Standing Committee Assignments:
Honorable George T. Bagby Representative Paulding County
January 24, 1958
Dear George:
Inasmuch as Representative James C. Mann has resigned as Secre tary of the Industrial Relations Committee, I am hereby appointing you to this position.
THURSDAY, JANUARY 23, 1958
179
I know you will do a good job and wish you and your Committee much success in your work during the present session of the General Assembly.
With kindest regards, I am
Yours very truly,
MEM:eh
Marvin E. Moate, Speaker of the House.
Mr. W. D. Ballard Representative, Newton County State Capitol Atlanta, Ga.
January 23, 1958
This is to notify you that I am approving your appointment as Secretary of the Local Affairs Committee in place of Representative Mann of Rockdale County, who does not wish to serve in this capacity.
I know you will do a good job and wish you and your Committee every success.
With kindest personal regards, I am
Yours very truly,
MEM:eh cc: Mr. Joe Boone
Mr. Joe Burton
Marvin E. Moate, Speaker of the House.
By unanimous consent, the following Bill and Resolution of the House and Senate, favorably reported, were read the second time:
HB 308. By Messrs. Jones of Lumpkin, Ray of Warren and Adams of Evans:
A Bill to be entitled an Act to amend an Act imposing a motor fuel tax upon commercial vehicles using Georgia Highways while using motor fuel purchased in other States; and for other purposes.
SR 14. By Senator Foster of the 26th:
A Resolution proposing an amendment to the Constitution so as to provide for the election of the County School Superintendent of Clayton County; and for other purposes.
By unanimous consent, the following Bills and Resolutions of the House were taken up for consideration and read the third time:
HB 616. By Messrs. Scoggin, Wright and Hall of Floyd:
A Bill to be entitled an Act to amend an Act relating to the licensing of warm air heating contractors; and for other purposes.
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The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 143, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 619. By Messrs. Greene and Bradley of Bartow: A Bill to be entitled an Act to amend an Act incorporating the Town of Adairsville; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 143, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 621. By Mr. Jones of Baker: A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Newton; and for other purposes.
The report of the Committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 143, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 645. By Messrs. Kidd and Griffith of Baldwin:
A Bill to be entitled an Act to abolish the terms of office of the mem bers of the County board of tax assessors in certain counties with cer tain populations; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 143, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
By unanimous consent, the following Bill of the House was again taken up for consideration:
HB 678. By Messrs. Greene and Bradley of Bartow:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Cartersville; and for other purposes.
THURSDAY, JANUARY 23, 1958
181
The following substitute was read and adopted:
By Messrs. Greene and Bradley of Bartow:
AN ACT
To amend an Act creating a new charter for the City of Cartersville, approved February 8, 1937 (Ga. Laws 1937, p. 1532), as amended, particularly by an Act approved February 11, 1957 (Ga. Laws 1957, p. 2048), so as to change certain provisions of said Act relating to school funds; to provide that the Cartersville School Board and not the Board of Aldermen shall designate a depository for school funds; to provide that school funds shall be paid directly to the Cartersville School Board and to authorize the State School Superintendent to pay funds to the City School Superintendent; to provide that the City School Superintendent shall keep an account of all school funds and to pro vide that all vouchers on such funds shall be issued by said School Superintendent and countersigned by the president of the Cartersville School Board; to provide for a budget for said Board and the procedure connected therewith; to authorize said School Board to employ neces sary personnel and fix their compensation and to increase and redeem indebtedness; to provide for an audit of school funds; to authorize said School Board to employ legal counsel; to prescribe additional duties for said City School Superintendent and to provide for the bonding of said City School Superintendent; 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 Cartersville, ap proved February 8, 1937 (Ga. Laws 1937, p. 1532), as amended par ticularly by an Act approved February 11, 1957 (Ga. Laws 1957, p. 2048) is amended by inserting in Section 106 thereof following the words, "special funds," the word, "and," and by striking from said Section the words, "and school moneys," so that said Section, as amended hereby, shall read as follows:
"Section 106. The board of aldermen of the City of Cartersville, as early as practicable, after their term of office begins, shall designate a bank, or banks, which they consider solvent, as depository of the funds of the city, and shall be authorized to make contract with said bank, or banks for the payment of interest on daily balances. All funds of the city, including special funds and bond proceeds, shall be deposited with said bank, or banks."
SECTION 2
Said Act is further amended by inserting following Section 106 thereof a new section which shall be known as Section 106A which shall read as follows:
"Section 106A. Provided, the Cartersville School Board shall an nually designate a bank, or banks, which it deems solvent, as depository of all of the school funds, and shall be authorized to make contract with said bank, or banks, for the payment of interest on daily bal ances. All funds of the Cartersville public schools shall be deposited with said bank, or banks."
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JOURNAL OF THE HOUSE,
SECTION 3
Said Act is further amended by striking therefrom Section 114 in its entirety and inserting in lieu thereof a new Section 114 which shall read as follows:
"Section 114. The pro rata portion of the public school fund of the State, and from all other sources, payable to the City of Cartersville, shall be apportioned by the State authorities, direct to the Cartersville School Board, and the State Superintendent of Schools is authorized and required to pay to the City School Superintendent, under the school system of the City of Cartersville, such portion of the entire Bartow County fund as shown on the books of the treasurer, as the school population of the City of Cartersville bears to the school population of Bartow County. Upon receipt of said funds by the City School Superintendent they shall be immediately deposited by said Superintendent to the account of the Cartersville School Board in the bank or banks designated by the Cartersville School Board as the depository of all school moneys."
SECTION 4
Said Act is further amended by striking therefrom Section 115 in its entirety and inserting in lieu thereof a new Section 115 which shall read as follows:
"Section 115. The City School Superintendent shall keep, or have kept, an accurate account of all receipts and disbursements of the school funds of the city. All disbursements made of school funds shall be by checks or vouchers issued by the City School Superintendent and countersigned by the president of the Cartersville School Board."
SECTION 5
Said Act is further amended by striking therefrom Section 125 in its entirety and inserting in lieu thereof a new Section 125 which shall read as follows:
"Section 125. The Cartersville School Board shall, on a date mu tually agreed upon by its members and the Board of Aldermen of said city, but not later than the first day of July of the school year being planned, prepare and submit to the Board of Aldermen for approval and adoption, an estimate of the amount of money which will be required for the maintenance and operation of the public schools for the succeeding year, which estimate shall set forth the various items of expense as accurately as possible. It shall be the duty of the Board of Aldermen, upon its approval and adoption, in their annual levy of taxes, to make such levy as, in their judgment, shall be necessary and advisable to meet the expenditures contemplated in such estimate; and the amount so levied, together with all other funds from all other sources for school purposes received by the City, shall be collected and deposited to the credit of the Cartersville School Board, and not di verted, or used for any other purpose. The Board of Aldermen of said City shall cause the approved local contribution to the support of the Cartersville public schools, for the succeeding school year, to be ap portioned into twelve equal monthly installments and be so deposited by the City Clerk to the credit of the school board each month. In case of a deficit in the school fund for any year or month, the Board of
THURSDAY, JANUARY 23, 1958
183
Aldermen may, by ordinance, supply or advance the same by a sup plemental appropriation from the general fund."
SECTION 6
Said Act is further amended by striking therefrom Section 126 in its entirety and inserting in lieu thereof a new Section 126 which shall read as follows:
"Section 126. The Cartersville School Board shall be held directly responsible for the efficient and effective administration of each phase of the Cartersville School program, including the exclusive power to employ superintendents, principals, teachers, janitors, and other persons necessary for the execution of its purposes and fix the salaries and compensation within such limits as the said Board may prescribe or approve by resolutions, incurring indebtedness within the bounds of the approved budget of the then current year of operation, and redeeming such indebtedness by the issuance of checks or vouchers drawn upon the Cartersville School Board account, as heretofore pro vided. In this connection, said School Board shall cause an audit to be made of all of the records pertaining to the receipt and expenditure of all school funds within each school year, said audit to be completed as soon as possible after the close of the fiscal year ending June 30th. Further, the said School Board shall have the priivlege and responsi bility of engaging legal counsel to assist it with matters of administra tion requiring legal advice and counsel."
SECTION 7
Said Act is further amended by inserting following Section 119 thereof a new section which shall be known as Section 119A which shall read as follows:
"Section 119A. The City School Superintendent shall be purchas ing agent for the Cartersville School Board for all supplies, fuel, equip ment, furniture, machinery, tools, engines, cars, trucks, office furniture, and all articles and wares of every kind necessary for the proper and efficient operation of the city schools, including the lights, water sup ply, sewerage, plumbing, repair of buildings, and such other matters as may be specially directed by the said School Board. The City School Superintendent shall execute a bond with solvent sureties sueable in Bartow County, to be approved by the Cartersville School Board, in the sum of $3,000.00, payable to the Cartersville School Board, condi tioned for the faithful performance of all his duties."
SECTION 8
This Act shall become effective beginning with the 1958-1959 school year for the Cartersville School Board.
SECTION 9
All laws and parts of laws in conflict with this Act are hereby repealed.
NOTICE OF INTENT TO INTRODUCE LOCAL LEGISLATION
Notice is hereby given that there will be introduced at the 1958 Session of the General Assembly of Georgia legislation to amend an Act creating a new charter for the City of Cartersville, approved Feb-
184
JOURNAL OF THE HOUSE,
ruary 8, 1937 (Ga. Laws 1937, p. 1532) as amended, so as to change the provisions relating to school funds.
This 11 day of December, 1957.
12-12-3T
W. B. Greene, Representative, Bartow County, Ga.
GEORGIA, PULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, William B. Greene and Woodrow H. Bradley, who, on oath, deposes and says that they are Representatives from Bartow County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Bartow Herald which is the official organ of said County, on the following dates: December 12, 1957; December 19, 1957; and December 26, 1957.
/s/ Woodrow H. Bradley Woodrow H. Bradley
/s/ Wm. B. Greene Representative, Bartow County
Sworn to and subscribed before me, this 15 day of January, 1958.
/s/ Janette Hirsch, Notary Public (Seal) Notary Public, Georgia, State at Large. My Commission Expires October 4, 1960.
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 143, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
By unanimous consent, the following Bills and Resolutions of the House were taken up for consideration and read the third time:
HB 700. By Messrs. Smith, McClelland and Brooks of Pulton:
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 143, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
THURSDAY, JANUARY 23, 1958
185
HB 701. By Messrs. Smith, Brooks and McClelland 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 143, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 710. By Mr. Harper of Gilmer:
A Bill to be entitled an Act to incorporate and establish a new charter for the City of Ellijay; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 143, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 711. By Mr. Harper of Gilmer:
A Bill to be entitled an Act to incorporate and establish a new charter for the City of Ellijay; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 143, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 716. By Mr. Yandle of Toombs:
A Bill to be entitled an Act to amend an Act creating the office of Commissioner of Roads and Revenue for the County of Toombs; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 143, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 717. By Mr. Yandle of Toombs:
A Bill to be entitled an Act to amend an Act incorporating the City of Lyons; and for other purposes.
186
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 143, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 719. By Messrs. Twitty and Palmer of Mitchell:
A Bill to be entitled an Act to amend an Act creating the City Court of Camilla; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 143, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 722. By Mr. Ingle of Gordon:
A Bill to be entitled an Act to amend the charter of the City of Calhoun; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 143, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 724. By Mr. Cowart of Calhoun:
A Bill to be entitled an Act to amend an Act relating to the Commis sioners of Roads and Revenues for the County of Calhoun; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 143, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 725. By Mr. Cowart of Calhoun: A Bill to be entitled an Act to amend an Act creating a new charter for the Town of Leary; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 143, nays 0.
THURSDAY, JANUARY 23, 1958
187
The Bill, having received the requisite constitutional majority, was passed.
HB 726. By Mr. Jessup of Bleckley:
A Bill to be entitled to an Act to amend an Act relating to the salaries of county officers of Bleckley County; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 143, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 728. By Mr. Ingle of Gordon:
A Bill to be entitled an Act to increase the compensation of the Sheriff of Gordon County; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 143, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 729. By Mr. Ingle of Gordon:
A Bill to be entitled an Act to provide for Fire Protection District in Gordon County; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 143, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 730. By Mr. Ingle of Gordon: A Bill to be entitled an Act to establish a Recorders Court for the City of Calhoun; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 143, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 731. By Mr. Helms of Atkinson: A Bill to be entitled an Act to create and establish a County Court of Atkinson County; and for other purposes.
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JOURNAL OF THE HOUSE,
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 143, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 732. By Mr. Helms of Atkinson:
A Bill to be entitled an Act to amend an Act creating the office of Commissioner of Roads and Revenues of the County of Atkinson; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 143, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 733. By Mr. Helms of Atkinson:
A Bill to be entitled an Act to amend an Act creating the office of Tax Commissioner of Atkinson County; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 143, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 737. By Messrs. Holcombe, Reed and Willingham of Cobb:
A Bill to be entitled an Act to amend an Act relating to the abolition of the fee system in Cobb County and the fixing of salaries for the ordinary, sheriff and clerk of the Superior Court; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 143, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 738. By Messrs. Carlisle, McKenna and Wilson of Bibb:
A Bill to be entitled an Act to amend an Act to amend the charter of the City of Macon; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
THURSDAY, JANUARY 23, 1958
189
On the passage of the Bill, the ayes were 143, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 739. By Messrs. Reed, Holcombe and Willingham 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 143, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 740. By Messrs. Reed, Holcombe and Willingham of Cobb:
A Bill to be entitled an Act to amend an Act relating to the abolition of the Fee System in Cobb County; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 143, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 741. By Messrs. Murr and Jones of Sumter:
A Bill to be entitled an Act to amend the Sumter County Employees Pension System and Fund; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 143, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 744. By Mr. Rogers of Heard:
A Bill to be entitled an Act to provide that all counties having a cer tain population, the Tax Commissioner shall not be required to make the rounds required of the Tax Receiver and 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 143, nays 0. The Bill, having received the requisite constitutional majority, was passed.
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JOURNAL OF THE HOUSE,
HR 300-744d. By Messrs. Coalson and Pickett of Polk:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the County Board of Education of Polk County to borrow funds and pledge certain building funds to the payment thereof; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1
Article VII, Section VII, Paragraph I of the Constitution, relat ing to the limitation on certain debts, is hereby amended by adding at the end thereof the following:
"Any other provisions of this Constitution to the contrary not withstanding, the County Board of Education of Polk County is hereby authorized and empowered to borrow funds for the purpose of con structing school buildings and facilities, and pledge the building funds which will or may be forthcoming to Polk County from the State through the Minimum Foundation Program for Education as security and payment therefor."
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, such pro posed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
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 County Board of Education of Polk County to borrow funds and pledge certain building funds to the payment thereof."
"Against ratification of amendment to the Constitution so as to authorize the County Board of Education of Polk County to borrow funds and pledge certain building funds to the payment thereof."
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.
THURSDAY, JANUARY 23, 1958
191
On the adoption of the Resolution, the roll call was ordered and the vote was as follows:
Adams Bagby Ballard Barber Barrett Baughman Birdsong Black Blalock of Coweta Bodenhamer Boggs Bradley Brennan Brooks of Oglethorpe Brooks of Fulton Broome Busbee Cagle Caldwell A. Campbell of
Walker W. Campbell of
Walker Carlisle Carr Carswell Carter Cha stain Cheatham Coalson Cocke Cowart Craven Crummey Denmark
Dorminy Duncan Echols Elder Ellis Eyler Floyd Flynt Fowler of Douglas Fowler of Treutlen Frazier Gowen Green of Rabun Gross of Dade
Gunter Hall of Floyd Hall of Lee Hardaway Harper Harrison Hawkins Henderson Hodges of Ware Hodges of Butts Hogan Holloway
Huddleston Hurst Ingle Johnson Jones of Wayne Jones of Worth Jones of Lumpkin Jones of Baker Jones of Laurens Jones of Sumter Jones of Crawford Kelley Key Killian King Lam Land Lanier Larkins Lee Lindsey Long Lott
Love Mann Matthews Miller of Elbert Mobley Moorman Moss Mull Murphy Murr Musgrove McClelland McCracken McGibony
McKenna McWhorter Neese Nilan Palmer Parker of Ware Parker of Appling Pelham Perkins
Perry Peters Pettey Phillips of Columbia Pickard Pickett Raulerson Rodgers of Charlton Rogers of Heard Roughton Rowland Russell Scoggin Short Singer Smith of Forsyth Smith of Fulton Smith of Whitfield Souter
Stephens Story Summers Tabb Tamplin Taylor Todd Truelove Twitty Underwood Veal Watson Weems Wells
White Willis Winkle Wright of Floyd Wright of Dodge Young
On the adoption of the Resolution, the ayes were 143, nays 0.
The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.
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JOURNAL OF THE HOUSE,
HR 303-744g. By Mr. Ellis of Henry:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide for the election of the members of the Board of Education of Henry County by the people; to provide for the compensation of such members; 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 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 Henry County shall be composed of five members, to be elected by the voters of their respective districts as hereinafter provided. For the purposes of electing such members, Henry County is hereby divided into five Education Districts.
"Education District No. 1 shall be composed of Militia District #498 (McDonough) and Militia District #1477 (Flippen).
"Education District No. 2 shall be composed of Militia District #641 (Lowes), Militia District #723 (Hampton) and Militia District #486 (Sixth).
"Education District No. 3 shall be composed of Militia District #775 (Stockbridge), Militia District #888 (Shakerag) and Militia District #622 (Brushy Knob).
"Education District No. 4 shall be composed of Militia District #491 (Loves), Militia District #611 (McMullens) and Militia District #638 (Beersheba).
"Education District No. 5 shall be composed of Militia District #576 (Locust Grove), Militia District #489 (Tussahaw) and Militia District #767 (Sandy Ridge).
"The Board of Education of Henry County shall be composed of one member from each Education District. Any person offering as a candidate to represent an Education District on the Board must reside in the District from which he offers and each member shall be elected by the voters within his District.
"In the event this amendment is ratified, it shall be the duty of the Ordinary of Henry 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. The Ordinary shall set the date for such election for either December 15, 16, 17, 18, 19, or 20, 1958. Such election shall be for the purpose of electing the first members of the Board of Education of Henry County created under this amendment, and it shall be the duty of the Ordinary to publish the date of the election and the pur pose thereof at least once preceding the date of the election, in the official organ of Henry County. The members elected at such election shall take office January 1, 1959, and shall serve for a term of two years and until their successors are elected and qualified. Future
THURSDAY, JANUARY 23, 1958
193
elections shall be held every two years, at the same time as elections for members of the General Assembly from Henry County are held, and the members elected shall take office on the first day of January im mediately following their election. All future members shall likewise serve for a term of two years and until their successors are elected and qualified.
"At the first meeting in January, 1959, and at the first meeting in January each two years thereafter, the members of the Board shall elect a Chairman for the next two years. Any member of the Board shall be eligible to succeed himself as Chairman.
"In the event of a vacancy on the Board for any reason other than the expiration of a term of office, the remaining members of the Board shall elect a person from the Education District in which the vacancy occurs, who shall serve for the unexpired term. In the event a person who represents an Education District moves his residence from such District, a vacancy shall exist from such District, and shall be filled in the same manner as other vacancies.
"The Board of Education of Henry County in office at the time of the ratification of this amendment is hereby abolished effective at the end of December 31, 1958, and the terms of all members of such Board shall expire at that time.
"The compensation of the members of the Board of Education of Henry County shall be fixed by the General Assembly of Georgia in a local Act for that purpose.
"The Board of Education of Henry County as provided for herein and the County School Superintendent of Henry County shall be sub ject to all constitutional provisions and all statutory provisions rela tive to county boards of education and county school superintendents, respectively, 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, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
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 election of members of Board of Education of Henry County by the people.
"Against ratification of amendment to the Constitution so as to provide for the election of members of the Board of Education of Henry 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.
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JOURNAL OF THE HOUSE,
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 roll call was ordered and the vote was as follows:
Adams Bagby Ballard Barber Barrett Baughman Birdsong Black Blalock of Coweta Bodenhamer Boggs Bradley Brennan Brooks of Oglethorpe Brooks of Pulton Broome Busbee Cagle Caldwell A. Campbell of
Walker W. Campbell of
Walker Carlisle Carr Carswell Carter Chastain Cheatham Coalson Cocke Cowart Craven Crummey Denmark Dorminy Duncan Echols Elder Ellis Eyler Floyd Fowler of Douglas
Fowler of Treutlen Frazier Go wen Green of Rabun Gross of Dade Gunter Hall of Floyd Hall of Lee Hardaway Harper Harrison Hawkins Henderson Hodges of Ware Hodges of Butts Hogan Holloway Huddleston Hurst Ingle Johnson Jones of Wayne Jones of Worth Jones of Lumpkin Jones of Baker Jones of Laurens Jones of Sumter Jones of Crawford Kelley Key Killian King Lam Land Lanier Larkins Lee Lindsey Long Lott Love Mann Matthews
Miller of Elbert Mobley Moorman Moss Mull Murphy Murr Musgrove McClelland McCracken McGibony McKenna McWhorter Neese Nilan Overby Palmer Parker of Ware Parker of Appling Pelham Perkins Perry Peters Pettey Phillips of Columbia Pickard Pickett Raulerson Rodgers of Charlton Rogers of Heard Roughton Rowland Russell Scoggin Short Singer Smith of Forsyth Smith of Fulton Smith of Whitfield Souter Stephens Story
THURSDAY, JANUARY 23, 1958
195
Summers
Tabb Tamplin
Taylor Todd Truelove
Twitty
Underwood Veal
Watson Weems Wells
White
Willis Winkle
Wright of Floyd Wright of Dodge Young
On the adoption of the Resolution, the ayes were 143, nays 0.
The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.
The following Resolutions of the House were read and adopted:
HR 336. By Mr. Carr of Dooly:
A RESOLUTION
Inviting "The Ensemble" of the Middle Georgia College, Cochran, Georgia and its director, Mr. James Whitaker, to perform in the Hall of the House on February 4th, 1958 or February 5th, and for other purposes.
Be it resolved by the House of Representatives of Georgia that "The Ensemble" of the Middle Georgia College, Cochran, Georgia and its Director, Mr. James Whitaker, are hereby extended a. cordial invitation to perform in the Hall of the House on February 4th, 1958 or February 5th, 1958, whichever of said dates being most convenient to "The Ensemble."
The Speaker of the House is hereby requested to transmit a copy of this Resolution to each member of "The Ensemble" and to Mr. James Whitaker.
HR 337. By Mr. Hawkins of Screven:
A RESOLUTION
BE IT RESOLVED by the House of Representatives, the Senate concurring, that the House and Senate meet in joint session in the hall of the House of Representatives at 12 o'clock Noon on January 27, 1958, for the purpose of hearing a message from his Excellency, Gov ernor S. Marvin Griffin.
BE IT FURTHER RESOLVED that a committee of five, three to be appointed by the Speaker of the House and two to be appointed by the President of the Senate, be named to escort the Governor to the hall of the House.
The Speaker appointed as a Committee of Escort on the part of the House, the following members:
Messrs. Larkins of Brantley, Rodgers of Charlton and Watson of Houston.
HR 338. By Messrs. Broome of Bacon, Short of Colquitt, Parker of Appling, Chastain of Thomas and others:
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JOURNAL OF THE HOUSE,
A RESOLUTION
Relative to restoring tobacco acreage allotments to the 1956 level; and for other purposes.
WHEREAS, as a result of the twenty (20) per cent reduction of tobacco acreage effective in 1957, farmers have suffered and are still suffering a further reduction in purchasing power; and
WHEREAS, as a further result of the recent acreage reduction many farmers are unable to continue growing their small allotted tobacco acreage profitably and it has become necessary that they aban don their farm operations altogether; and
WHEREAS, we know it to be a fact that merchants, businessmen, farmers and the general economy of the entire tobacco belt are suffer ing the adverse effects of the recent acreage allotment reduction; and
WHEREAS, the economic depression the farmers are experiencing because of the prize squeeze they are in will eventually affect the over all national economy; and
WHEREAS, if the farmers are allowed to prosper the over-all economy of our nation will greatly improve; and
WHEREAS, the tillers of the soil constitute the very bed-rock of our democracy and the farm families are our greatest bulwark against Communism, and history records them as being the first to resist tyranny; and
WHEREAS, among farm families of energetic, patriotic boys and girls reared on the farm close to nature juvenile delinquency is seldom heard of; and
WHEREAS, these farm-reared children are a real contribution to our population and are well worth the cost of a healthy farm program; and
WHEREAS, history records that any nation which destroyed its farm families by forcing the people from the rural areas into over crowded urban areas where juvenile delinquency runs rampant, crime breeds and general unrest prevails shall be destroyed also; and
WHEREAS, the condition of the American farmers today con stitutes a national emergency; while the country as a whole has been passing through a 10-year cycle of unprecedented inflation and in creased income, the American farmers and small businessmen have re ceived less and less income above the cost of operations; and
WHEREAS, the steady decrease in farm population and the steady decline in the number of operating farms are the most eloquent wit nesses to the plight of American agriculture; and
WHEREAS, it is a matter of general knowledge that cigarettetype tobacco imports as well as other agricultural products are steadily increasing and our domestic demands and use of cigarette tobacco is steadily increasing; and
WHEREAS, reduced acreage of tobacco in the U.S.A. is encour aging increased planting of tobacco on foreign soils to the extent that the U.S.A. has dropped from ninety (90) per cent of world production
THURSDAY, JANUARY 23, 1958
197
of tobacco to less than fifty (50) per cent of world grown tobacco at this time; and
WHEREAS, increased tobacco acreage is absolutely necessary to the tobacco farmer's survival as increased production will reduce the cost of production, thereby regaining and maintaining our foreign markets of tobacco; and
WHEREAS, the program initiated reducing the support price of undesirable varieties of tobacco will cure about ninety (90) per cent of the tobacco industry ills; this program along with the tobacco acre age going into the soil bank acreage reserve will reduce tobacco pro duction sufficiently and in our opinion to a dangerously low level as the 1957 production is % less than the 1956 production. A three-year supply on hand is nothing to be alarmed about as a 2% year supply is necessary for tobacco to have ample time to mellow for manufacture.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Georgia delegation in the U. S. Congress and all other officials be requested to initiate the necessary steps to restore the twenty (20) per cent reduction in tobacco acreage allotments, thereby increasing our 1958 tobacco allotment, which re quires a twenty-five (25) per cent increase in our 1957 tobacco acreage allotments, to restore the tobacco acreage allotments to the 1956 level.
BE IT FURTHER RESOLVED that the Secretary of State trans mit a copy of this Resolution to each member of the Georgia Delegation in Congress and to the Secretary of Agriculture of the United States.
Mr. Willingham of Cobb gave notice that at the proper time he would move that the House reconsider its action in passing the following Bill of the House:
HB 739. By Messrs. Willingham, Reed and Holcombe of Cobb:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Smyrna; and for other purposes.
The following Resolution of the House was taken up for consideration, read and adopted:
HR 246. By Mr. Carlisle of Bibb:
A Resolution providing for study of needs and proposals for Increasing Educational Advantages for Gifted Children; and for other purposes.
By unanimous consent, the following Resolution of the House was withdrawn from further consideration of the House:
HR 162. By Mr. Odom of Camden:
A Resolution to oppose sanctions against the State of Israel or any allies of the United States involved in the Suez Canal Dispute; 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:
198
JOURNAL OF THE HOUSE,
HB 668. By Messrs. Rogers of Heard, Veal of Putnam, Irvin of Habersham, Nichols of Towns and others:
A Bill to be entitled an Act to provide that in all cases where a licensee or an applicant for a license is required to post a bond with the Com missioner of Agriculture, the Commissioner is authorized to accept in lieu thereof cash, government bonds, treasury notes, or their equivalent where the licensee or applicant cannot obtain the prescribed bond; 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.:
Adams Alien Bagby Ballard Barber Barrett Baughman
Birdsong Black Blalock of Coweta Blalock of Clayton
Bodenhamer
Boggs Brackin Bradley Brennan Brooks of Oglethorpe
Broome Budd Burkhalter Busbee Cagle A. Campbell of
Walker W. Campbell of
Walker Carlisle Carr Coalson Cocke Cowart Craven Dorminy Elder
Ellis Eyler Floyd Fordham Fowler of Douglas Fowler of Treutlen Frazier Freeman Gowen Griffith Gunter Hall of Lee Hall of Floyd Harper Harrison Hawkins Henderson Hodges of Ware Hogan Holloway Hurst Ingle Irvin Jessup Johnson Jones of Wayne Jones of Worth Jones of Lumpkin Jones of Baker Jones of Laurens Jones of Sumter Jones of Crawford Kelley Key
Kidd Killian King Lam Land Lanier Larkins Lee Lindsey Lokey Love Mann Matthews Miller of Twiggs Miller of Elbert Mobley Moorman Moss Mull Murphy Murr Musgrove McClelland McCracken McGibony McKenna McWhorter Neese Nichols Nilan Orr Palmer Parker of Pike Parker of Ware
THURSDAY, JANUARY 23, 1958
199
Payton
Pelham Perkins Perry Peters Pettey
Phillips of Walton Pickett Raulerson Roberts
Rodgers of Charlton Rogers of Heard Roughton Russell Scoggin
Sheffield
Short Singer Sivell Smith of Forsyth Souter
Stephens Story Summers Tabb
Tarpley Taylor Truelove Twitty Underwood
Veal
Walker of Lowndes Walker of Telfair Watson Weems Wells
Willis Winkle Wooten Wright of Floyd
Wright of Dodge Yandle Young
On the passage of the Bill, the ayes were 143, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 676. By Messrs. Lanier of Candler, Fowler of Douglas, Ray of Warren, Fordham of Bulloch, McKenna and Carlisle of Bibb:
A Bill to be entitled an Act to amend an Act regulating the marketing of eggs; and for other purposes.
The following amendment was read and adopted:
The committee on Agriculture moves to amend HB 676 as follows:
Section "(b) Fresh eggs shall be construed to mean eggs of Grade A or better quality which have not been held in cold storage for a period of thirty (30) days or longer.
Section "(c) Each container of eggs must be labeled to show size or weight class and standard of quality."
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 call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Alien
Ballard Barber Barrett
Baughman Birdsong
Black
Blalock of Coweta Blalock of Clayton Bodenhamer
Boggs Brackin
Brennan
Brooks of Oglethorpe Brooks of Fulton Broome
Budd Burkhalter
200
JOURNAL OF THE HOUSE,
Busbee Cagle Callier Carlisle
Carr Cheek Coalson Craven Dorminy Ellis Eyler Fordham Fowler of Douglas Fowler of Treutlen
Frazier Freeman Griffith Gross of Dade
Gunter Hall of Floyd Hardaway Harper Harrison Hawkins Henderson Hill Hodges of Ware Hodges of Butts
Hogan Hurst Irvin Johnson Jones of Wayne Jones of Worth Jones of Lumpkin
Jones of Laurens Jones of Sumter Jones of Crawford Kelley Key Kidd Killian King Lam Land Lanier Larkins Lee Lindsey Mann Martin Matthews Miles Miller of Twiggs Miller of Elbert Mobley Moorman Moss Mull Murphy McClelland McCracken McGibony McKenna Nichols Orr Overby Palmer Parker of Ware Parker of Appling
Payton Perkins Perry Peters Pettey Phillips of Walton Pickard Pickett Ramsey Rodgers of Charlton Rogers of Heard Roughton Russell Scoggin Sheffield Short Sivell Smith of Forsyth Stephens Story Summers Tabb Tamplin Tarpley Taylor Twitty Veal Walker of Lowndes Wells Wilson Winkle Wooten Wright of Dodge Yandle Young
Those voting in the negative were Messrs.:
Bradley Caldwell
Echols Holloway
Ingle
On the passage of the Bill, as amended, the ayes were 123, nays 5.
The Bill, having received the requisite constitutional majority, was passed, as amended.
The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker: The Senate has adopted the following Resolutions of the House to wit:
HR 305. By Messrs. Moate of Hancock, Helms of Atkinson, and others:
A Resolution censuring the President for calling out military forces to enforce integration of the races at Central High School in Little Rock, Arkansas.
THURSDAY, JANUARY 23, 1958
201
HR 308. By Mr. Odom of Camden:
A Resolution inviting the Honorable Herman E. Talmadge to address a joint session of the General Assembly of Georgia.
Under the regular order of business, the following Bills of the House were taken up for consideration and read the third time:
HB 532. By Mr. McClelland of Pulton:
A Bill to be entitled an Act to amend an Act to provide for the giving of security by owners and operators of motor vehicles; and for other purposes.
By unanimous consent, the Bill was recommitted to the Committee on Motor Vehicles for further study.
HB 430. By Mr. Killian of Glynn:
A Bill to be entitled an Act to amend the Code of Georgia, relating to the compensation of the 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, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Bagby Ballard Barrett Baughman Birdsong Blalock of Coweta Bodenhamer Boggs Brackin Brennan Brooks of Fulton Burkhalter Busbee Cagle Caldwell Callier A. Campbell of
Walker Carlisle Carr
Carswell Carter Chastain Cheatham Coalson Cowart Craven Crummey Dorminy Duncan Echols Ellis Eyler Fellows Floyd Flynt Fordham Fowler of Douglas Fowler of Treutlen Frazier
Freeman Gowen Gross of Dade Gunter Hardaway Harper Harrison Hawkins Helms Henderson Hodges of Ware Hodges of Butts Hogan Holcombe Holloway Huddleston Ingle Irvin Johnson Jones of Worth
202
JOURNAL OF THE HOUSE,
Jones of Baker Jones of Laurens Jones of Crawford Kelley Key Killian Kimmons Lam Land Lanier Lindsey Lokey Lott Mackay Mann Matthews Miles Miller of Twiggs Miller of Elbert Mobley Moorman Moss Mull Murphy
Musgrove McClelland McCracken McGibony Nichols Nilan Orr Overby Palmer Parker of Pike Parker of Appling Payton Pelham Perkins Peters Phillips of Walton Pickard Pickett Ramsey Rodgers of Charlton Rogers of Heard Scoggin Sheffield Short
Sivell Smith of Fulton Smith of Whitfield Stephens Story Summers Tabb Tamplin Tarpley Taylor Truelove Twitty Veal Weems Wells Willingham Willis Wilson Winkle Wooten Wright of Dodge Yandle Young
On the passage of the Bill, the ayes were 131, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 612. By Mr. Overby of Hall:
A Bill to be entitled an Act to amend the Building and Loan 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 roll call was ordered and the vote was as follows:
Adams Bagby Ballard Barber Barrett Baughman
Birdsong Black Blalock of Coweta Bodenhamer
Brackin Brennan Brooks of Oglethorpe Broome Budd Busbee Cagle Caldwell A. Campbell of
Walker Carlisle
Carr Carter Chastain Cheatham Cheek Coalson Cowart Craven Dorminy Buncan Echols
THURSDAY, JANUARY 23, 1958
203
Ellis Eyler Fellows Ployd Plynt Fordham Fowler of Douglas Fowler of Treutlen Frazier Gowen Griffith Grimsley Gross of Dade Gunter Hardaway Harper Harrison Hawkins Helms Henderson Hodges of Ware Hogan Holcombe Holloway Huddleston Hurst Ingle Jessup Johnson Jones of Worth Jones of Baker Jones of Laurens Jones of Sumter Jones of Crawford Kelley Key
Kidd Killian Kimmons Lam Land Lokey Long Lott Love Mackay Mann Matthews Miles Miller of Elbert Mobley Moorman Moss Mull Murphy
Murr Musgrove McCracken McGibony McKenna McWhorter Neese Nichols Nilan Orr Overby Palmer Parker of Pike Parker of Ware Parker of Appling Payton Pelham
Perkins Perry Phillips of Walton Pickard Pickett Ramsey Reed Roberts
Rodgers of Charlton Rogers of Heard Sheffield Sivell Smith of Forsyth Smith of Lamar Smith of Fulton Smith of Whitfield Stephens Story Summers Tabb Tamplin Todd Twitty Veal
Walker of Lowndes Weems Wells Willis Wilson Winkle Wooten
Wright of Dodge Yandle Young
On the passage of the Bill, the ayes were 139, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
The following Bill of the House was taken up for the purpose of considering
the unfavorable report of the committee:
considering
HB 54. By Mr. Bodenhamer of Tift:
A Bill to be entitled an Act to make it unlawful for any person to employ m any capacity whatsoever a person under twenty-one vears of age m any place where liquor, beer, wine or alcoholic beverages of any kind are sold or offered for sale; and for other purposes
On the question of agreeing to the unfavorable report of the commits ti,
roll call was ordered and the vote was as follows:
committee, the
Those voting in the affirmative were Messrs.:
Baughman Birdsong
Boggs Brackin
Brennan Brooks of Oglethorpe
204
JOURNAL OP THE HOUSE,
Cagle Caldwell Cowart Dorminy Echols Hawkins Helms
Holloway Kelley Land Mann Matthews McKenna Pickard
Pickett Sheffield Smith of Forsyth Smith of Fulton Stephens Young
Those voting in the negative were Messrs.:
Adams Bagby Barber Barrett Blalock of Coweta Bodenhamer Brooks of Fulton Broome Carlisle Carr Car swell Carter Chastain Cheatham Cheek Duncan Ellis Eyler Fellows Flynt Fordham Fowler of Douglas Fowler of Treutlen
Frazier Freeman Gowen Green of Rabun Griffith Grimsley
Gross of Dade Gunter Harrison Hodges of Ware Hodges of Butts Hogan Ingle Johnson Jones of Baker Jones of Laurens Kennedy Key Killian Kimmons Long Lott Mackay Miles Mobley Moorman Moss Murphy Murr McClelland McGibony McWhorter Nichols Orr Overby
Parker of Pike Parker of Ware Payton Pelham Perkins Perry Ramsey Roberts Rogers of Heard Roughton Smith of Whitfield Story Summers Tabb Tamplin Tarpley Taylor Todd Truelove Twitty Underwood Veal Wells Willis Wilson Winkle Wright of Dodge Yandle
On the question of agreeing, the ayes were 26, nays 86.
The unfavorable committee report was disagreed to and the Bill was read the second time.
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 225. By Messrs. Twitty of Mitchell and Mackay of DeKalb:
A Bill to be entitled an Act to repeal Section 92-508 of the Code, en titled the General Tax Act, which provides that every legislative agent or lobbyist shall pay a $250.00 tax for every firm, person or corporation represented by said agent; and for other purposes.
THURSDAY, JANUARY 23, 1958
205
By unanimous consent, HB 225 was withdrawn from further consideration of the House.
SB 155. By Senator Holder of the 48th and Roper of the 41st:
A Bill to be entitled an Act to amend the Non-profit Medical Service Act of 1950, so as to define and specify certain kinds of medical services which may be provided under a plan of a non-profit medical service corporation; and for other purposes.
Mr. Rogers of Heard moved that SB 155 be tabled.
The motion prevailed, and the Bill was tabled.
Mr. Baughman of Early moved that the House do now adjourn until 11:00 o'clock, a.m., Monday morning, January 27, 1958, and the motion prevailed.
The Speaker announced the House adjourned until 11:00 o'clock Monday morning.
206
JOURNAL OF THE HOUSE,
Representative Hall, Atlanta, Georgia Monday, January 27, 1958
The House met pursuant to adjournment this day at 11:00 o'clock, a.m., and was called to order by the Speaker Pro Tempore.
Prayer was offered by the Chaplain, Reverend James 0. Dorriety, Pastor of the Central Baptist Church, Warner Robins, Georgia.
The roll was called and the following members answered to their names:
Adams Alien Bagby Ballard Barber Barrett Baughman Birdsong Black Blalock of Coweta Blalock of Clayton Bodenhamer Boggs Bolton Brackin Bradley Brennan Brooks of Oglethorpe Brooks of Fulton Broome Budd Burkhalter Busbee Cagle Caldwell Callier A. Campbell of
Walker W. Campbell of
Walker Carlisle Carr Carswell Carter Chastain Cheatham Cheek Cloud Coalson Cocke Co wart Craven Crummey Denmark
Dorminy Duncan Echols Elder Ellis Fellows Floyd Flynt Fordham Fowler of Douglas Fowler of Treutlen Frazier Fuqua Gowen Green of Rabun Greene of Bartow Griffith Grimsley Gross of Stephens Gross of Dade Gunter Hall of Lee Hall of Floyd Hardaway Harper Harrison Hawkins Halms Henderson Hendrix Hill Hodges of Ware Hodges of Butts Hogan Holcombe Holloway Huddleston Hurst Ingle Irvin Jessup Johnson Jones of Worth Jones of Lumpkin
Jones of Baker -Tones of Crawford
Jones of Laurens Jones of Sumter Kelley Kennedy Key Kidd Killian Kimmons King Lam Lancaster Land Lanier Larkins Lee Lindsey Lokey Long Lott Love Mackay Mann Martin Matthews Miles Miller of Twiggs Miller of Elbert Mobley Moorman Morris Moss Mull Murphy Murr Musgrove McClelland McCracken McGibony McKenna McWhorter Neese Newton
MONDAY, JANUARY 27, 1958
207
Nichols Nilan Odom Orr Overby Palmer Parker of Pike Parker of Ware Parker of Appling Payton Pelham Perkins Perry Peters Pettey Phillips of Columbia Phillips of Walton Pickard Pickett Ramsey Raulerson Ray
Reed Roberts Rodgers of Charlton Rogers of Heard Roughton Rowland Russell Scoggin Short Singer Sivell Smith of Forsyth Smith of Emanuel Smith of Lamar Smith of Fulton Smith of Whitfield Souter Stephens Story Summers Tabb Tamplin
Tarpley Taylor Todd Truelove Twitty Underwood Veal Walker of Lowndes Walker of Telfair Watson Weems Wells White Willingham Willis Wilson Winkle Wooten Wright of Floyd Wright of Dodge Yandle Young
Mr. Black of Webster, Chairman of the committee on Auditing, Enrolling & Engrossing, 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 orders of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions.
2. First reading and reference of House Bills and Resolutions.
3. Reports of standing committees.
4. Second reading of Bills and Resolutions.
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:
208
JOURNAL OF THE HOUSE,
SB 181. By Senator Sanders of the 18th:
A Bill to be entitled an Act to amend an Act to provide in counties of this state having population not less than 108,000 and not more than 112,000 by last or any future census of U.S.; an annual salary for coroners, fix fees of coroner's jurors, for services in connection with the holding of inquests; and for other purposes.
SBG 185. By Senator Edenfield of the 2nd:
A Bill to be entitled an Act to provide for the compensation of the Sheriff, Clerk of the Superior Court and the Ordinary of Mclntosh County, to provide certain assistance for such officers, to provide for fees to be paid to County; and for other purposes.
SB 189. By Senator Edenfield of the 2nd:
A Bill to be entitled an Act to amend an Act creating an office of the Tax Commissioner in and for Mclntosh County, approved August 4, 1927, as amended, so as to place the Tax Commissioner of said county on a salary basis; and for other purposes.
SB 190. By Senators Brown of the 19th, Cox of the 50th and Ellard of the 31st:
A Bill to be entitled an Act to amend an Act creating the Board of Commissioners of Roads and Revenues for Greene County, approved August 11, 1925, (Ga. Laws 1925, p. 653), so as to change the compen sation of the Chairman and members of the Board; change provisions relating to County Supervisor; change County Agent or Supervisor to Warden; provide the Board shall fix compensation of Warden and Clerk of Board; provide effective date; repeal conflicting laws; and for other purposes.
SB 191. By Senators Hill of the 54th, Crawford of the 1st, Newman of the 38th, Wright of the 24th, Trotter of the 37th, Garrett of the 53rd, Gill of the 13th, Dean of the 46th, Sammon of the 34th, Edge of the 40th, Cook of the 42nd, Jackson of the 21st and Bentley of the 39th:
A Bill to be entitled an Act to amend an Act approved February 25, 1949 (Ga. Laws 1949, pp. 1404 et seq.) and known as the Minimum Foundation Program of Education Act; and for other purposes.
SB 210. By Senator Brown of the 52nd:
A Bill to be entitled an Act to provide for the payment of city, state and county taxes for the current year in one or more installments in all counties having a population of 300,000 or more, according to the U. S. Census of 1950 or any future U. S. Census; to repeal all conflicting laws; and for other purposes.
SR 98. By Senator Kelly of the 28th:
A Resolution authorizing and directing the State Librarian to furnish certain law books to the Ordinary of Jasper County; and for other purposes.
MONDAY, JANUARY 27, 1958
209
HR 170-529a. By Mr. Land of Wilkinson:
A Resolution relative to E. Frank Hancock, and relating to State em ployees contracting tuberculosis and for other purposes.
The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has adopted by the requisite constitutional majority the following Resolutions of the House to wit:
HR 286. By Messrs. Moate of Hancock, Hawkins of Screven and others:
A Resolution to appoint a joint House-Senate committee for the purposes of studying the feasibility of the purchase of Stone Mountain by the State of Georgia; 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 790. By Messrs. Rowland of Johnson, McGibony of Green, Carr of Dooly, Lancaster of Jones, Summers of Crisp and McCracken of Jefferson:
A Bill to be entitled an Act to amend an Act establishing the State Employees' Retirement System, so as to authorize tax commissioners, tax collectors, tax receivers and employees in the offices thereof to become members of the System, and for other purposes.
Referred to the Committee on Industrial Relations.
HB 791. By Mr. Ingle of Gordon:
A Bill to be entitled an Act to amend an Act relating to ballots in elections other than primary elections, and for other purposes.
Referred to the Committee on State of Republic.
HB 792. By Messrs. Floyd of Chattooga, McKenna of Bibb and Weems of Chattooga:
A Bill to be entitled an Act to amend an Act known as the Civil Defense Act of 1951, to redefine the membership of the Civil Defense Advisory Council; and for other purposes.
Referred to the Committee on Defense and Veterans Affairs.
HB 793. By Messrs. Floyd and Weems of Chattooga, and McKenna of Bibb:
A Bill to be entitled an Act to amend the Georgia Civil Defense Act of 1951, authorizing the Governor, in the event of an emergency, to designate a temporary seat of government, and for other purposes.
Referred to the Committee on Defense and Veterans Affairs.
HB 794. By Messrs. McKenna of Bibb, Floyd of Chattooga and Ingle of Gordon:
A Bill to be entitled an Act to amend the Georgia Civil Defense Act of 1951, authorizing all state, municipal, county and other officers
210
JOURNAL OF THE HOUSE,
and officials to appoint deputies and designate lines of succession, governing the succession and devolution of authority during an emer gency as declared by the Governor under Sec. 7 of said Act, and for other purposes.
Referred to the Committee on Defense and Veterans Affairs.
HB 795. By Messrs. Coalson and Pickett of Polk:
A Bill to be entitled an Act creating a Board of Commissioners of Roads and Revenues in and for the County of Polk, and for other purposes.
Referred to the Committee on Local Affairs.
HB 796. By Messrs. Coalson and Pickett of Polk:
A Bill to be entitled an Act to amend an Act creating and establishing a Board of Commissioners of Roads and Revenues for Polk County relating to election of County Attorney, and for other purposes.
Referred to the Committee on Local Affairs.
HB 797. By Mr. Roughton of Washington:
A Bill to be entitled an Act to provide that any person, firm, corpora tion or association which shall offer for sale in this State any annuity contract shall be subject to all the laws governing life insurance com panies; and for other purposes.
Referred to the Committee on Insurance.
HB 798. By Mr. Watson of Houston:
A Bill to be entitled an Act to create and incorporate a new municipality in Houston County to be known as Centerville, and for other purposes.
Referred to the Committee on Local Affairs.
HB 799. By Messrs. Broome of Bacon, Hawkins of Screven, Jessup of Bleckley, Sheffield of Brooks and Moate of Hancock:
A Bill to be entitled an Act to provide for a method of retraction of libelous statements made by newspapers which shall relieve such news papers from being liable for punitive damages; and for other purposes.
Referred to the Committee on State of Republic.
HB 800. By Messrs. M. M. Smith, Brooks and McClelland of Pulton:
A Bill to be entitled an Act to amend an Act relating to and defining the words "Gross Income" and providing therein for the exemption from income taxation of the specific items referred to in Paragraph (b) so as to exclude from gross income amounts received as pensions from the Government of the U.S., and for other purposes.
Referred to the Committee on Ways and Means.
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211
HB 801. By Messrs. Brooks of Fulton, Overby of Hall and McClelland of Fulton:
A Bill to be entitled an Act to provide basic qualifications of persons to vote in any town or municipal election, and for other purposes.
Referred to the Committee on State of Republic.
HB 802. By Messrs. Parker and Hodges of Ware, Kimmons of Pierce, Larkins of Brantley, Rodgers of Charlton, Roberts and Fellows of Coffee and Broome of Bacon:
A Bill to be entitled an Act to amend an Act abolishing the fee system existing in the Superior Courts of the Waycross Judicial Circuit; to provide for additional compensation for attendance and reporting felony cases, and for other purposes.
Referred to the Committee on Local Affairs.
HB 803. By Mr. Killian of Glynn:
A Bill to be entitled an Act to amend an Act relating to premarital examinations, so as to provide that the certificates and statements which are filed with the ordinary may be destroyed after a period of one year; and for other purposes.
Referred to the Committee on Judiciary.
HB 804. By Mr. Huddleston of Fayette: A Bill to be entitled an Act to amend an Act creating a new charter for the City of Fayetteville, and for other purposes.
Referred to the Committee on Local Affairs.
HB 805. By Mr. Fellows of Coffee: A Bill to be entitled an Act to amend an Act known as the Georgia Military Forces Reorganization Act of 1955, so as to change the quali fications for the Assistant Adjutant General for Army and Assistant Adjutant General for Air; and for other purposes.
Referred to the Committee on Defense and Veterans Affairs.
HB 806. By Mr. Huddleston of Fayette:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Fayetteville, so as to change the hours for holding elections, and for other purposes.
Referred to the Committee on Local Affairs.
HR 339-806a. By Mr. Ingle of Gordon:
A Resolution to authorize and direct the State Highway Department to compensate Freeman B. Roberts for damages to his automobile, and for other purposes.
Referred to the Committee on Appropriations.
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HR 340-806b. By Mr. Hurst of Quitman:
A Resolution to authorize the conveyance of certain property to the Town of Georgetown; and for other purposes.
Referred to the Committee on State Institutions and Property.
HR 341-806c. By Mr. Murr of Sumter:
A Resolution to create an interim Committee of the House to investigate and hold hearings relating to Koinonia Farms, Inc., with the object of securing evidence and information necessary or needful in the drafting of prescribed legislation; and for other purposes.
Referred to the Committee on Judiciary.
By unanimous consent, the following Committee Reports were submitted and read:
Mr. Bodenhamer of Tift County, Chairman of the Committee on Education, submitted the following report:
Mr. Speaker:
Your Committee on Education has had under consideration the following Bill and Resolution of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 769. Do Pass.
HR 142-429b. Do Pass, as amended.
Respectfully submitted,
Bodenhamer of Tift, Chairman.
Mr. Short of Colquitt County, Chairman of the Committee on Local Affairs, submitted the following report: Mr. Speaker:
Your Committee on Local Affairs has had under consideration the following Bills and Resolutions of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 745. Do Pass. HB 746. Do Pass. HB 747. Do Pass. HB 748. Do Pass. HB 753. Do Pass. HB 754. Do Pass. HB 755. Do Pass. HB 756. Do Pass. HB 757. Do Pass.
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213
HB 759. Do Pass. HB 763. Do Pass. HB 764. Do Pass. HB 765. Do Pass. HB 766. Do Pass. HB 770. Do Pass, as amended. HB 772. Do Pass. HB 776. Do Pass. HB 778. Do Pass. HR 310-772a. Do Pass. HR 312-772c. Do Pass. HR 315-772f. Do Pass. HR 322-772m. Do Pass.
Respectfully submitted,
Short of Colquitt, Chairman.
Mr. Stephens of Clarke 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 Resolution of the House and has instructed me as Chairman, to report the same back to the House with the following recommendation:
HR 270-687c. Do Pass.
Respectfully submitted,
Stephens of Clarke, Chairman.
By unanimous consent, the following Bills and Resolutions of the House were read the second time:
HB 781. By Dr. Miller of Elbert:
A Bill to be entitled an Act to amend an Act incorporating the City of Elberton, so as to authorize the City Tax Assessors to employ outside personnel to assist in assessing and appraising the property of said City, and for other purposes.
HB 782. By Mr. Bagby of Paulding:
A Bill to be entitled an Act to amend an Act relating to compensation for injuries, so as to provide for compensation for the complete loss of hearing in one ear; and for other purposes.
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HB 783. By Messrs. Payton of Coweta, Orr of Wilkes, Ross of Lincoln, Willingham of Cobb, Twitty of Mitchell, McKenna of Bibb, Holcombe of Cobb and others:
A Bill to be entitled an Act to provide procedure by which heirs at law of a deceased owner of real or personal property located in this State, who dies intestate, and upon whose estate no proceedings for permanent administration have been instituted, may apply for and obtain from the Court of Ordinary an order finding that no administra tion or no permanent administration, as the case may be, on the estate of the deceased owner is necessary, and for other purposes.
HB 784. By Mr. Overby of Hall:
A Bill to be entitled an Act to amend an Act relating to the duties of the Attorney General, so as to provide that the Governor shall be authorized to require the Attorney General to assist in defending the registrars of the various counties in certain court cases; and for other purposes.
HB 785. By Messrs. Cloud and Taylor of Decatur:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Bainbridge, so as to change the corporate limits of said City, and for other purposes.
Referred to the Committee on Local Affairs.
HR 326-785a. By Messrs. Stephens of Clarke, Freeman of Monroe and Brooks of Oglethorpe:
A Resolution authorizing the repairing of the monument of Captain Henri Wirtz; and for other purposes.
HR 327-785b. By Messrs. Stephens of Clarke, Brooks of Oglethorpe and Freeman of Monroe:
A Resolution authorizing the placing of a plaque at the entrance of the Georgia Hall of Fame, and for other purposes.
Referred to the Committee on Special Judiciary.
HR 328-785c. By Messrs. Stephens of Clarke, Brooks of Oglethorpe and Freeman of Monroe:
A Resolution authorizing the placing of busts of seven great Georgians in the Georgia Hall of Fame at the State Capitol, and for other purposes.
HR 329-785d. By Messrs. Murphy of Haralson and Hawkins of Screven:
A Resolution to create a joint interim Committee of the House and Senate to investigate and hold hearings relative to the need, or lack of need, for legislation further defining and prohibiting barratry and other offenses against the adiministration of justice; and for other purposes.
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215
HR 330-785e. By Mr. Harper of Gilmer:
A Resolution to designate a bridge across the Cartecay River at the City limits of East Ellijay, Georgia as the A. Charles Soule Bridge, and for other purposes.
HR 331-785f. By Messrs. Stephens of Clarke, Brooks of Oglethorpe and Freeman of Monroe:
A Resolution authorizing the Secretary of State to obtain certain records of the Confederate Army for Georgia; and for other purposes.
HB 786. By Messrs. Mobley of Burke, Hall of Floyd, Bodenhamer of Tift and Carswell of Burke:
A Bill to be entitled an Act to amend an Act relating to county line schools, and for other purposes.
HB 787. By Mr. McClelland of Fulton:
A Bill to be entitled an Act to amend an Act relating to the criminal offense of carrying on lottery so as to provide that the participating in, playing or betting on a lottery shall be a misdemeanor; and for other purposes.
HR 332-787a. By Messrs. Reed, Holcombe and Willingham of Cobb:
A Resolution proposing an amendment to the Constitution so as to authorize the City of Marietta and its Board of Lights and Water Works to combine and operate the water and sewerage system and electric system of said City as one revenue undertaking, and for other purposes.
HR 333-787b. By Mr. McClelland of Fulton:
A Resolution declaring certain property of the State surplus, and authorizing the Governor to sell such property in Fulton County, and for other purposes.
HB 788. By Mr. Overby of Hall:
A Bill to be entitled an Act to amend an Act regulating trade practices in the business of insurance, so as to provide that it shall be considered an unfair trade practice to make available to any firm, corporation or association of firms, corporations or individuals, through any rating plan or form, fire, casualty, surety or workmen's compensation in surance at any preferred rate or premium based upon any fictitious grouping of such firm, etc.; and for other purposes.
HB 789. By Mr. Hawkins of Screven:
A Bill to be entitled an Act to amend an Act relating to the purposes for which counties may levy taxes, to authorize any county the right to levy a tax for school lunch purposes, and for other purposes.
HR 334-789a. By Mr. Hawkins of Screven:
A Resolution ratifying the instrument whereby the U. S. of America was granted a certain easement for the purpose of a Safety Zone on
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Crooked River State Park property in Camden County, Georgia by the Governor of Georgia, and for other purposes.
HR 335-789b. By Mr. Wilson of Bibb:
A Resolution proposing a Resolution to prohibit the issuance of any bond or otherwise incurring of any new indebtedness by any public agency, public corporation or authority under specified conditions, and for other purposes.
By unanimous consent, the following Resolution of the House, favorably reported was read the second time:
HR 142-429b. By Messrs. Musgrove of Clinch, Hall of Ployd and Bodenhamer of Tift:
A Resolution proposing an amendment to the Constitution so as to provide the State Board of Education with the authority to grant scholarships for teachers; and for other purposes.
By unanimous consent, the following Bills and Resolutions of the House and Senate were taken up for consideration and read the third time:
HB 745. By Mr. Ellis of Henry:
A Bill to be entitled an Act to amend an Act incorporating the Town of Hampton in the County of Henry; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 151, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 746. By Mr. Ellis of Henry:
A Bill to be entitled an Act to amend an Act incorporating the City of Stockbridge, in the County of Henry; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 151, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 747. By Mr. Ellis of Henry:
A Bill to be entitled an Act to amend an Act incorporating the town of McDonough in the County of Henry; 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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217
On the passage of the Bill, the ayes were 151, nays 0. The Bill, having received the requisite constitutional majority, was passed.
HB 748. By Mr. Raulerson of Echols:
A Bill to be entitled an Act to amend an Act to incorporate the Town of Statesville, in the County of Echols; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 151, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 753. By Messrs. Kidd and Griffith of Baldwin: A Bill to be entitled an Act to amend an Act creating a Board of County Commissioners for 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 151, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 754. By Messrs. Cheatham, Eyler and Brennan of Chatham: A Bill to be entitled an Act to amend an Act to provide for the holding of primary elections 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 151, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 755. By Mr. Miller of Elbert: A Bill to be entitled an Act to place the Clerk of the Superior Court and the Ordinary of Elbert 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 151, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
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HB 756. By Mr. Miller of Elbert:
A Bill to be entitled an Act to amend an Act creating a Board of Commissioners for the County of Elbert; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 151, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 757. By Mr. Miller of Elbert:
A Bill to be entitled an Act to amend an Act creating the office of County Tax Commissioner of Elbert County; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 151, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 759. By Messrs. Young, Nolan and Pickard of Muscogee:
A Bill to be entitled an Act to amend an Act to provide that in certain counties, the coroner shall be paid a certain salary in lieu of fees; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 151, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 763. By Messrs. Blalock and Lee of Clayton:
A Bill to be entitled an Act to repeal an Act incorporating the City of Mountain View; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 151, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 764. By Messrs. Blalock and Lee 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.
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219
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 151, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 765. By Messrs. Blalock and Lee of Clayton:
A Bill to be entitled an Act to provide for the examination for qualified Electricians, for the right to engage in said vocation in counties having a certain population; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 151, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 766. By Messrs. Blalock and Lee of Clayton:
A Bill to be entitled an Act to provide that the governing authorities of certain counties may charge for inspection, require permits, set up a code, and provide rules and regulations for the installations of plumb ing Clayton county; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 151, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 770. By Mr. McCracken of Jefferson:
A Bill to be entitled an Act to amend an Act incorporating the town of Louisville; and for other purposes.
The following committee amendment was read and adopted:
The committee on Local Affairs moves to amend HB 770, the title of the said Act being:
AN ACT
To amend an Act, Georgia Laws of 1900, page 305, approved De cember 18, 1900, as several times amended, entitled "An Act to con solidate, amend and supersede the several Acts incorporating the town of Louisville, Georgia, in the county of Jefferson, and the several Acts amendatory thereof; to change the corporate name; to provide for mayor and councilmen and define their powers and duties; to pro vide for the establishment and maintenance of a system of waterworks sewerage and electric lights for said town; to confer additional powers upon the mayor and council of said town; to repeal conflicting laws
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and for other purposes." by providing for absentee voting by mail as in the case of State elections; to provide for the costs of elections to be paid by entrance fees to be paid by candidates; to provide that elec tion managers are to be named by the Mayor and Council; to change the date of elections from Saturday to Friday; and to provide that qualifications for voting in City elections shall be the same as pro vided by law for State and County elections, and to provide that candi dates for council specify which encumbent they wish to succeed.
1. Section 5 of the said Act is hereby stricken.
2. Section 7 of the said Act is hereby stricken and the following section is substituted for the said Section 7, to-wit:
Be it further enacted by the authority aforesaid that in all elections for Council from and after the passage of this Act where there are two Councilmen to be elected, all votes cast must be for two Councilmen. Ballots are to be prepared reading "Vote for two". No ballots are to be counted where the voter fails to vote for two Councilmen.
3. That said remaining paragraphs be appropriately re-numbered.
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 151, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
HB 772. By Messrs. Musgrove of Clinch, Lott of Berrien, Moorman of Lanier, Helms of Atkinson, and Grimsley of Cook:
A Bill to be entitled an Act to amend an Act abolishing the fee system in the Superior Courts of the Alapaha Judicial Circuit; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 151, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 776. By Messrs. Killian and Gowen of Glynn:
A Bill to be entitled an Act to amend the Charter of the City of Bruns wick; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 151, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
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221
HB 778. By Mr. Carr of Dooly:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Vienna; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 151, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HR 310-772a. By Mr. Overby of Hall:
A Resolution authorizing the State Librarian to furnish to the Superior Court of Hall County without charge 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 151, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
HR 312-772c. By Mr. Cagle of Piekens:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide for the election of the members of the Board of Education of Piekens County by the people; 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 Piekens County shall be composed of five members, to be elected as hereinafter provided. For the purpose of electing such members, Piekens County is hereby divided into five Education Districts.
"Education District No. 1 shall be composed of Militia District #1098 (Town) and Militia District #1182 (Sharp Top).
"Education District No. 2 shall be composed of Militia Dis trict #794 (Talking Rock), Militia District #1036 (Truckwheel) and Militia District #1698 (Big Ridge).
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"Education District No. 3 shall be composed of Militia District #1101 (Jerusalem), Militia District #1370 (Ludville) and Militia District #1801 (Hill).
"Education District No. 4 shall be composed of Militia Dis trict #1026 (Persimmon Tree), Militia District #1129 (Townsend), Militia District #1492 (Nelson) and Militia District #1509 (Sharp Mountain).
"Education District No. 5 shall be composed of Militia District #899 (Dug Road) and Militia District #1099 (Grassy Knob).
"Any person, in order to be eligible for membership on the Board to represent an Education District, must reside in the Dis trict which he represents, but all members of the Board shall be elected by the voters of the entire county.
"In the event this amendment is ratified, it shall be the duty of the Ordinary of Pickens County to issue the call for an election, which call shall be issued at least 10 days prior to the date of such election. The Ordinary shall set the date for such election for either December 15, 16, 17, 18, 19 or 20, 1958. Such election shall be for the purpose of electing the first members of the Board of Education of Pickens 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 Pickens County. The members elected at such election shall take office January 1, 1959 and shall serve for a term of four years and until their successors are elected and qualified. Future elections shall be held every four years at the same time as elections for members of the General Assembly from Pickens County are held, and the members elected shall take office on the 1st day of January immediately following their election. All future members shall likewise serve for a term of four years and until their successors are elected and qualified.
"In the event of a vacancy on the Board for any reason other than the expiration of a term of office, the remaining members of the Board shall select a person from the District in which the vacancy occurs, and such members shall serve the unexpired term. In the event a person moves his residence from the District he represents, a vacancy shall exist in such District and shall be filled in the same manner as other vacancies. The members of the Board shall elect their own Chairman.
"The terms of the members of the Board of Education serving at the time of the ratification of this amendment shall continue through December 31, 1958, but the terms of all members shall expire at that time, and the Board of Education of Pickens County in effect at that time shall stand abolished.
"The Board of Education of Pickens County, as created herein, shall be subject to all constitutional provisions and all statutory provisions relative to county boards of education unless such pro visions are in conflict with the provisions of this amendment."
SECTION 2
When the above proposed amendment to the Constitution shall have
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223
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 and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written 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 Pickens 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 Pickens County by the people."
All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification.
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall 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 call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Alien Bagby Ballard Barber Barrett Baughman Birdsong Black Blalock of Coweta Blalock of Clayton Bolton Brackin Bradley Brennan Brooks of Fulton Broome Budd Busbee Cagle
Caldwell Callier A. Campbell of
Walker W. Campbell of
Walker Carlisle Carr Carswell Carter Chastain Cheatham Cheek Cocke Cowart Craven Crummey Denmark Dorminy Echols
Elder Ellis Floyd Flynt Fordham Fowler of Douglas Fowler of Treutlen Fuqua Gowen Greene of Bartow Griffith Grimsley Gross of Stephens Gunter Hall of Lee Hall of Floyd Hardaway Harper Harrison Hawkins
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Helms Henderson Hill Hodges of Butts Hogan Holcombe Holloway Huddleston Ingle Irvin Jones of Wayne Jones of Worth Jones of Lumpkin Jones of Baker Jones of Laurens Jones of Sumter Jones of Crawford Kelley Kidd Killian Kimmons King Lam Lancaster Land Lanier Larking Lee Lokey Love Mann
Matthews Miles Miller of Twiggs Miller of Elbert Mobley Moorman Moss Mull Murphy
Murr McClelland McCracken McGibony McKenna Newton Nichols Nilan Orr Overby Palmer Parker of Pike Parker of Appling Payton Pelham Perkins Perry Pettey Phillips of Columbia Phillips of Walton Pickard Ramsey
Raulerson Ray Reed Rogers of Heard Roughton Russell Scoggin Sivell Smith of Emanuel Smith of Lamar Smith of Whitfield Stephens Story Tabb Tamplin Tarpley Taylor Todd Twitty Veal Walker of Lowndes
Watson Weems Wells White Willingham Willis Wilson Wooten Wright of Floyd Yandle
On the adoption of the Resolution, the ayes were 151, nays 0.
The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.
HR 315-772f. By Mr. Miller of Elbert:
A RESOLUTION
Proposing an Amendment to the Constitution so as to provide for the election of members of the Board of Education of Elbert County by districts; to provide for Education Districts; to provide that the Board of Education of Elbert County shall appoint the County Super intendent; to abolish the appointed County Board of Education of Elbert County; to abolish the elective office of County School Super intendent of Elbert County; to provide the procedure connected there with; 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, as amended, relating to the County Boards of Education is hereby amended
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225
by adding at the end thereof the following:
"The Board of Education of Elbert County shall be composed of five members to be elected as hereinafter provided. For the purpose of electing such members of Elbert County as hereby di vided into five education districts, (all directions are general directions from the City of Elberton). Education District No. 1 shall be composed of that area outside the corporate limits of the City of Elberton between State Highway 72 (Southwest) and State Highway 17 (Southeast). Education District No. 2 shall be composed of that area outside the corporate limits of the City of Elberton between State Highway 17 (Southeast) and State Highway 72 (East). Education District No. 3 shall be composed of that area outside the corporate limits of the City of Elberton between State Highway 72 (East) and State Highway 17 (North). Education District No. 4 shall be composed of that area outside the corporate limits of the City of Elberton between State High way 17 (North) and State Highway 72 (Southwest). Education District No. 5 shall be composed of that area within the corporate limits of the City of Elberton. Any person offering as a candidate to represent an Education District on the Board must reside in the district from which he offers. Each member of the Board shall be elected by the voters of Elbert County.
"In the event this Amendment is ratified, it shall be the duty of the Ordinary of Elbert County to issue the call for an election, which call shall be issued on or before December 1, 1958. The Ordi nary shall set the date for such election on Wednesday, December 10, 1958. Such election shall be for the purpose of electing the first members of the Board of Education of Elbert County created under this Amendment. 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 Elbert County. The members elected at such election shall take office January 1, 1959. The members elected at such election shall serve for a term of two years ending December 31, 1960, and until their successors are elected and qualified. All future members shall be elected at the same time as other county officers of Elbert County are elected in the year 1960 and each four years there after and shall take office on January 1 following their election. Future members shall serve for a term of four years and until their successors are elected and qualified. In the event of a vacancy on the Board, for any cause other than the expiration of a term of office, the remaining members of the Board, by a majority vote, shall appoint a successor to fill the vacancy. The person so ap pointed to fill the vacancy must reside in the district he is to represent. The removal of any member from the district that he represents shall disqualify the member and vacate his office and a successor shall be appointed as herein provided. The Board shall elect a Chairman who shall serve at the pleasure of the Board. The members of the Board shall be compensated in the amount of $15.00 per diem for the days on which they are actually perform ing services as members of the Board, but shall not be entitled to be compensated in an amount of more than $30.00 per month unless otherwise provided by law.
"The Board of Education of Elbert County provided for herein
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shall select by majority vote the County School Superintendent of Elbert County who shall serve at the pleasure of the Board. The Board shall determine the compensation of the Superintendent. The office of the elected County Superintendent of Schools of Elbert County is abolished, effective December 31, 1958, and the term of office of the elected County Superintendent of Schools of Elbert County shall expire on such date. The appointive Board of Educa tion of Elbert County in effect at the time of the ratification of this Amendment shall be abolished effective December 31, 1958, 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 Super intendent respectively 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, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
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 election of the Elbert County Board of Education and for the appointment of the Elbert County School Superintendent by the Board."
"Against ratification of amendment to the Constitution so as to provide for election of the Elbert County Board of Education so as to provide for election of the Elbert County Board of Education and for the appointment of the Elbert County School Superin tendent 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 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 report of the committee which was favorable to the adoption of the Resolution, was agreed to.
MONDAY, JANUARY 27, 1958
227
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 Bagby Ballard Barber Barrett Baughman Birdsong Black Blalock of Coweta Blalock of Clayton Bolton Brackin Bradley Brennan Brooks of Fulton Broome Budd Busbee Cagle Caldwell Callier A. Campbell of
Walker W. Campbell of
Walker Carlisle Carr Carswell Carter Chastain Cheatham Cheek Cocke Cowart Craven Crummey Denmark Dorminy Echols Elder Ellis Floyd Flynt Fordham Fowler of Douglas Fowler of Treutlen Fuqua Gowen Greene of Bartow Griffith Grimsley
Gross of Stephens Gunter Hall of Lee Hall of Floyd Hardaway Harper Harper Harrison Hawkins Helms Henderson Hill Hodges of Butts Hogan Holcombe Holloway Huddleston Ingle Irvin Jones of Wayne Jones of Worth Jones of Lumpkin Jones of Baker Jones of Laurens Jones of Sumter Jones of Crawford Kelley Kidd Killian Kimmons King Lam Lancaster Land Lanier Larkins Lee Lokey Love Mann Matthews Miles Miller of Twiggs Miller of Elbert Mobley Moorman Moss Mull Murphy Murr McClelland McCracken
McGibony McKenna Newton Nichols Nilan Orr Overby Palmer Parker of Pike Parker of Appling Payton Pelham Perkins Perry Pettey Phillips of Columbia Phillips of Walton Pickard Ramsey Raulerson Ray Reed Rogers of Heard Roughton Russell Scoggin Sivell Smith of Emanuel Smith of Lamar Smith of Whitfield Stephens Story Tabb Tamplin Tarpley Taylor Todd Twitty Veal Walker of Lowndes Watson Weems Wells White Willingham Willis Wilson Wooten Wright of Dodge Yandle
228
JOURNAL OF THE HOUSE,
On the adoption of the Resolution, the ayes were 151, nays 0.
The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.
HE 322-772m. By Mr. Watson of Houston:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide for the election of the members of the Board of Education of Houston County by the people; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1
Article VII, Section V, Paragraph I of the Constitution, relating to county boards of education, is hereby amended by adding at the end thereof the following:
"The Board of Education of Houston County shall be composed of five members, to be elected by the voters of the entire county as hereinafter provided. For the purposes of electing such mem bers, Houston County is hereby divided into two Education Dis tricts.
"Education District No. 1 shall be composed of Militia District #500 (Upper Eleventh), Militia District #527 (Tenth), Militia District #769 (Lower Fifty), Militia District #771 (Upper Fifty) and Militia District #970 (Lower Eleventh).
"Education District No. 2 shall be composed of Militia District #541 (Old Thirteenth), Militia District #542 (Twelfth), Militia District #619 (Lower Town), Militia District #765 (Upper Four teenth), Militia District #926 (New Thirteenth) and Militia Dis trict #928 (Upper Town).
"The Board of Education of Houston County shall be com posed of three members from Education District No. 1, and two members from Education District No. 2. Any person offering as a candidate to represent an Education District on the Board must reside in the District from which he offers, but all members shall be elected by the voters from the entire county.
"In the event this amendment is ratified, it shall be the duty of the Ordinary of Houston County to isue the call for an election, which call shall be issued at least ten (10) days prior to the date of such election. The Ordinary shall set the date for such election for either December 15, 16, 17, 18, 19 or 20, 1958. Such election shall be for the purpose of electing the first members of the Board of Education of Houston County created under this amend ment, 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 Houston County. The members elected at such election shall take office January 1, 1959, and shall serve for a term of four years and until their successors
MONDAY, JANUARY 27, 1958
229
are elected and qualified. Future elections shall be held every four years, at the same time as elections for members of the Gen eral Assembly from Houston County are held, and the members elected shall take office on the first day of January immediately following their election. All future members shall likewise serve for a term of four years and until their successors are elected and qualified.
"At the first meeting in January, 1959, and at the first meet ing in January each four years thereafter, the members of the Board shall elect a Chairman for the next four years. Any mem ber of the Board shall be eligible to succeed himself as Chairman. Each member of the Board shall be compensated in the amount of One Hundred Dollars ($100.00) per month,
"In the event of a vacancy on the Board for any reason other than the expiration of a term of office, the remaining members of the Board shall elect a person from the Education District in which the vacancy occurs, who shall serve for the unexpired term. In the event a person who represents an Education District moves his residence from such District, a vacancy shall exist from such Dis trict, and shall be filled in the same manner as other vacancies.
"The Board of Education of Houston County in effect at the time of the ratification of this amendment is hereby abolished effective at the end of December 31, 1958, and the terms of all members of such Board shall expire at that time.
"The Board of Education of Houston County 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 amend ment."
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, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
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 members of the Board of Education of Houston County by the people.
"Against ratification of amendment to the Constitution so as to provide for the election of members of the Board of Educa tion of Houston 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.
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JOURNAL OF THE HOUSE,
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 call was ordered and the vote was as follows:
Adams Alien Bagby Ballard Barber Barrett Baughman Birdsong Black Blalock of Coweta Blalock of Clayton
Bolton Brackin Bradley Brennan Brooks of Fulton
Broome Budd Busbee Cagle Caldwell Callier A. Campbell of
Walker W. Campbell of
Walker Carlisle Carr Carswell Carter Chastain Cheatham Cheek Cocke Cowart Craven Crummey Denmark Dorminy Echols Elder Ellis Floyd
Flynt Fordham Fowler of Douglas Fowler of Treutlen Fuqua Gowen Greene of Bartow Griffith Grimsley Gross of Stephens Gunter Hall of Floyd Hall of Lee Hardaway Harper Harrison Hawkins Helms Henderson Hill Hodges of Butts Hogan Holcombe Holloway Huddleston Ingle Irvin Jones of Wayne Jones of Worth Jones of Lumpkin Jones of Baker Jones of Laurens Jones of Sumter Jones of Crawford Kelley Kidd Killian Kimmons King Lam Lancaster Land Lanier
Larkins Lee Lokey Love Mann Matthews Miles Miller of Twiggs Miller of Elbert Mobley Moorman Moss Mull Murphy Murr McClelland McCracken McGibony McKenna Newton Nichols Nilan Orr Overby Palmer Parker of Pike Parker of Appling Payton Pelham Perkins Perry Pettey Phillips of Columbia Phillips of Walton Pickard Ramsey Raulerson Ray Reed Rogers of Heard Roughton Russell Scoggin
MONDAY, JANUARY 27, 1958
231
Sivell Smith of Emanuel Smith of Lamar
Smith of Whitfield Stephens
Story Tabb
Tamplin
Tarpley Taylor Todd
Twitty Veal
Walker of Telfair Watson
Weems
Wells White Willingham
Willis Wilson
Wooten Wright of Dodge
Yandle
On the adoption of the Resolution, the ayes were 151, nays 0.
The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.
SR 14. By Senator Foster of the 26th:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide for the election of the County School Superintendent of Clayton 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 OF GEORGIA:
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 1953, November-December Session, page 506, which added provisions relative to the County Board of Education and the County School Superintendent of Clayton County; is hereby amended by striking from that portion added by the aforesaid resolution of 1953 the following:
"The Board of Education of Clayton County shall, by a ma jority vote, elect the School Superintendent of Clayton County. No person shall be eligible to hold the office of Clayton County School Superintendent who does not have a master's degree from a recognized educational institution, and at least five years' experi ence in public school administration. He shall have such additional qualifications as may be fixed by law. The school superintendent serving at the time of the ratification of this amendment shall serve until the expiration of the term for which he was elected, but all future superintendents shall be elected by the board as provided heretofore and shall serve at the pleasure of the board. The compensation of the Superintendent shall be fixed by the board."
and inserting in lieu thereof the following:
"The County School Superintendent of Clayton shall be elected by the electors of Clayton County, instead of by the County Board of Education of Clayton County. Any person, in order to be eligible for the office of Clayton County School Superintendent, must be a resident of Clayton County, must be a graduate of an
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JOURNAL OF THE HOUSE,
accredited four-year college or university, and must have had at least three years practical experience in teaching. The County School Superintendent shall be subject to all constitutional pro visions and all statutory provisions relative to county school super intendents, unless such provisions are in conflict with the pro visions of this paragraph. In the event this amendment is ratified, it shall be the duty of the Ordinary of Clayton County to hold and conduct an election for the purpose of electing the County School Superintendent of Clayton County. The Ordinary shall set the date of such election either for December 15, 16, 17, 18 or 19, in the year 1958. The person elected at such election shall take office January 1, 1959, for a term of four (4) years and until his successor is elected and qualified. The Ordinary shall cause the date and purpose of said election to be published at least once preceding the date of the election in the official organ of Clayton County. The Ordinary shall canvass the returns and certify the result of the election, and he shall also certify the results thereof to the Secretary of the State. All future elections to elect a County School Superintendent shall be held at the same time as members of the General Assembly from Clayton County are elected. The person so elected shall have a term of office of four (4) years and until his successor is elected and qualified. The person serving as County School Superintendent of Clayton County at the time of the ratification of this amendment shall continue to serve through December 31, 1958."
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, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
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 the County School Superintendent of Clayton 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 Clayton 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 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 will 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 the State to ascertain the result and
MONDAY, JANUARY 27, 1958
233
certify the result to the Governor, who shall issue his proclamation thereon.
The following amendment was read and adopted:
Messrs. Lee and Blalock of Clayton moves to amend SR 14 as follows:
By adding after the second sentence in the language to be inserted on page 2, the following:
"In the event any of the qualifications of county school super intendents now or hereafter prescribed by general law, or pursuant to general law are higher than the qualifications prescribed herein, any person, in order to be eligible for the office of Clayton County School Superintendent, must possess such qualifications."
The report of the committee which was favorable to the adoption of the Resolution, was agreed to, as amended.
On the adoption of the Resolution, as amended, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Alien Bagby Ballard Barber Barrett Baughman Birdsong
Black Blalock of Coweta Blalock of Clayton
Bolton Brackin Bradley Brennan Brooks of Pulton
Broome Budd Busbee Cagle Caldwell Callier A. Campbell of
Walker W. Campbell of
Walker Carlisle Carr Carswell Carter Chastain Cheatham
Cheek Cocke Cowart Craven Crummey Denmark Dorminy Echols Elder
Ellis Floyd Flynt Fordham Fowler of Douglas Fowler of Treutlen Fuqua Gowen Greene of Bartow Griffith Grimsley Gross of Stephens Gunter Hall of Lee Hall of Floyd Hardaway Harper Harrison Hawkins
Helms Henderson Hill Hodges of Butts
Hogan Holcombe Holloway Huddleston Ingle Irvin Jones of Wayne Jones of Worth Jones of Lumpkin Jones of Baker Jones of Laurens Jones of Sumter Jones of Crawford Kelley Kidd Killian Kimmons King Lam Lancaster Land Lanier Larkins Lee Lokey Love Mann Matthews Miles Miller of Twiggs Miller of Elbert Mobley
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JOURNAL OF THE HOUSE,
Moorman Moss Mull Murphy Murr
McClelland McCracken McGibony
McKenna Newton Nichols Nilan
Orr Overby Palmer Parker of Pike Parker of Appling Payton Pelham
Perkins Perry Pettey Phillips of Columbia Phillips of Walton
Pickard Ramsey Raulerson
Ray Reed Rogers of Heard Roughton
Russell Scoggin Sivell Smith of Emanuel Smith of Lamar Smith of Whitfield Stephens
Story Tabb Tamplin Tarpley Taylor
Todd Twitty Veal
Walker of Lowndes Watson Weems Wells
White Willingham Willis Wilson Wooten Wright of Dodge Yandle
On the adoption of the Resolution, as amended, the ayes were 151, nays 0.
The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted, as amended.
By unanimous consent, the following Bills and Resolution of the Senate were read the first time and referred to the committees:
SR 98. By Senator Kelley of the 28th:
A Resolution authorizing and directing the State librarian to furnish certain law books to the Ordinary of Jasper County, and for other purposes.
Referred to the Committee on Local Affairs.
SB 181. By Senator Sanders of the 18th:
A Bill to be entitled an Act to amend an Act to provide in certain counties an annual salary for coroners, fix fees of coroner's jurors, and for other purposes.
Referred to the Committee on Local Affairs.
SB 185. By Senator Edenfield of the 2nd:
A Bill to be entitled an Act to provide for the compensation of the Sheriff, Clerk of the Superior Court and the Ordinary of Mclntosh County, and for other purposes.
Referred to the Committee on Local Affairs.
SB 189. By Senator Edenfield of the 2nd:
A Bill to be entitled an Act to amend an Act creating an office of Tax Commissioner in and for Mclntosh County; and for other purposes.
Referred to the Committee on Local Affairs.
MONDAY, JANUARY 27, 1958
235
SB 190. By Senators Brown of the 19th, Cox of the 50th and Ellard of the 31st:
A Bill to be entitled an Act to amend an Act creating the Board of Commissioners of Roads and Revenues for Greene County, and for other purposes.
Referred to the Committee on Local Affairs.
SB 191. By Senators Hill of the 54th, Crawford of the 1st, Newman of the 38th, Wright of the 24th, Trotter of the 37th, Garrett of the 53rd and many others:
A Bill to be entitled an Act to amend an Act known as the Minimum Foundation Program of Education Act; and for other purposes.
Referred to the Committee on Education.
SB 210. By Senator Brown of the 52nd:
A Bill to be entitled an Act to provide for the payment of city, state and county taxes for the current year in one or more installments in all counties having a population of 300,000 or more; and for other purposes.
Referred to the Committee on Local Affairs.
The following Resolution of the House was read and adopted:
HR 342. By Messrs. Jessup of Bleckley and Smith of Emanuel:
A RESOLUTION
WHEREAS, Honorable W. K. Smith, the distinguished member of the House from Bryan County, is unable to be in attendance in the daily sessions at this time because of illness,
THEREFORE, be it resolved by the House that Honorable W. K. Smith be granted an official leave of absence until he is able to resume his duties.
Be It Further resolved that the House extend its best wishes to him for a speedy and full recovery.
Be It also resolved that the clerk be authorized to forward a copy of this Resolution to Representative Smith.
Under the regular order of business, the following Bill of the House was again taken up for consideration:
HB 4. By Messrs. Griffith and Kidd of Baldwin: A Bill to be entitled an Act to amend an Act providing a method by which employees of certain hospitals and institutions may obtain goods and services; and for other purposes.
The following substitute was read and adopted: By Messrs. Kidd and Griffith of Baldwin:
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JOURNAL OF THE HOUSE,
AN ACT
To amend an Act entitled "An Act providing a method by which employees of certain hospitals and institutions may obtain goods and services; to repeal conflicting laws; and for other purposes," approved February 28, 1956 (Ga. Laws 1956, p. 383), so as to provide that no employee except students of the University System shall be charged for any facility not utilized by the employee; to provide a punishment for violation; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1
An Act entitled "An Act providing a method by which employees of certain hospitals and institutions may obtain goods and services; to repeal conflicting laws; and for other purposes," approved February 28, 1956 (Ga. Laws 1956, p. 383), is hereby amended by adding a new section to be numbered Section 1-A to read:
"Section 1-A. No such employee except students of the Uni versity System shall be charged for any facility not utilized by the employee. Any person who shall charge any such employee for a facility in violation of this section shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished as provided by law."
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 roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Barber Baughman Birdsong Black Blalock of Coweta Boggs
Brackin Bradley Brooks of Oglethorpe Brooks of Fulton Broome Budd
A. Campbell of
Walker W. Campbell of
Walker Carlisle Carr Carter
Cheek Craven Crummey Denmark Duncan Elder
Fellows
Flynt Fordham Fowler of Douglas Fowler of Treutlen Frazier Fuqua
Green of Rabun Greene of Bartow Griffith Grimsley Gross of Dade Hall of Lee
Hardaway
MONDAY, JANUARY 27, 1958
237
Harper Harrison Hawkins Helms Hill Hodges of Ware Hodges of Butts Holcombe Hurst Ingle Jones of Wayne Jones of Lumpkin Jones of Baker Jones of Laurens Jones of Crawford Kelley Kidd Killian Kimmons Lancaster Land Lanier Lee Love
Mann Matthews Miles Miller of Elbert Moorman Morris Mull McClelland McCracken McKenna Neese Newton Nichols Nilan Parker of Ware Parker of Appling Payton Pelham Perry Peters Pettey Phillips of Columbia Ramsey Raulerson
Ray Reed Rogers of Heard Roughton Rowland Smith of Forsyth Smith of Whitfield Summers Tabb Tarpley Taylor Truelove Twitty Veal Walker of Lowndes Watson Weems Wells White Willingham Wilson Winkle Yandle
Those voting in the negative were Messrs.:
Bolton Jones of Emanuel Murphy
McWhorter Orr Russell
Tamplin
On the passage of the Bill, by substitute, the ayes were 108, nays 7.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
Under the regular order of business, the following Bill of the House was taken up for consideration and read the third time:
HB 252. By Messrs. Murr of Sumter, Bagby of Paulding, Brooks of Fulton, Carlisle of Bibb, and many others:
A Bill to be entitled an Act to require electric marker warning lights on the rear of all railroad trains; 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 337. By Mr. Hawkins of Screven: A Resolution resolving that the House and Senate meet in joint session in the Hall of the House of Representatives, at 12 o'clock Noon, Jan.
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JOURNAL OP THE HOUSE,
27, 1958, for the purpose of hearing a message from his Excellency, Governor S. Marvin Griffin.
The President has appointed as a committee of escort on the part of the Senate the following:
Senators Holder of the 48th and Pound of the 20th.
The Hour of 12:00 o'clock, noon, having arrived, the Senate appeared upon the floor of the House, and the Joint Session, convening for the purpose of hear ing 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.
Accompanied by the Committee of Escort and other distinguished guests, Governor S. Marvin Griffin appeared upon the floor of the House.
The following address was delivered by Governor S. Marvin Griffin.
LIEUTENANT GOVERNOR VANDIVER, SPEAKER MOATE, MEMBERS OF THE SENATE AND HOUSE OF REPRESENTA TIVES AND MY FELLOW GEORGIANS:
We are now meeting together for the last assemblage of your honorable body during this administration unless an extraordinary session is called.
As we enter the last year of the administration we can claim, with satisfaction, that we have left a solid record of progress behind us.
And in this last year we are confident that we can maintain and accelerate the general forward progress which has been made in Georgia during the last three years.
State services have been carried out at the highest standard pos sible.
Important new improvements have been made in various divisions of our government which have stimulated our growth and brought the best possible state services of all kinds to all our citizens.
In the near future we shall carry out new projects which mean much to the benefit of our people in the future.
Included in these proposals are the nuclear energy atomic research project at Georgia Tech and the mighty science center under construc tion at the University of Georgia.
With both our agricultural and industrial economies expanding, we must continue to fulfill our constitutional responsibilities of pro viding education, health, welfare, highways, and other essential services to the people of Georgia at the highest possible state of efficiency.
GREAT PROGRESS MADE
With the help and cooperation of the members of this General
MONDAY, JANUARY 27, 1958
239
Assembly and with the solid support of the masses of our people, we have made unprecedented progress in all fields of endeavor.
Let us continue to work together in harmony so that we can bring even more progress in the future months remaining in this administra tion.
Our financial condition is sound and Georgia is both sovereign and solvent.
There is a comfortable reserve of about $31,000,000 in our treasury as an operating surplus.
This substantial reserve will not be dissipated, but will be kept to meet possible emergencies.
Every possible economy must be exercised in our future operations.
As a prudent administration we must not over-look good, sound business practices which may require some capital outlay to bring future benefits.
I do not advocate any additional or new taxes for the remainder of this term of office, nor do I believe that the demands upon the state government will permit a reduction in any existing revenue lav/s.
As I have said to you before, our most efficient policy at the present time is to "hold the line".
NEEDS OUTLINED
We know that in the coming fiscal year, 1958-1959, we must pro vide 7 to 9 million dollars additional to carry forward the Minimum Foundation Program.
We know further that increased federal aid coming to the Highway Department during the present fiscal year require approximately $5% million dollars in additional state matching money.
We must remember that as Georgia's Highway system is enlarged, greater outlays will be required for maintenance. I estimate that this will require a minimum additional amount of $2 million dollars above the total now being provided for this purpose.
We must also consider the fact that two more increments of rural road bonds, one of which has been sold and the other to be sold during this calendar year, will require the allocation of $1,677,000 dollars each year to retire the principal and interest.
We know, too, that more and more persons are becoming eligible for Welfare assistance. This requires an extra allocation for this pur pose of about $1 million dollars in each succeeding fiscal year over the preceding one.
Provision of $500,000.00 for each of two years has been provided as the initial outlay to finance the construction of improvements at the school for mentally defective children.
We know, too, that if we continue to extend the program for de pendent children it will cost $400,000 each fiscal year.
We realize fully that as long as the Federal government appropri-
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JOURNAL OF THE HOUSE,
ates money for construction of Hill Burton Hospitals with a share of the funds being provided by local communities, that Georgia must pro vide her proper share of matching funds.
There is the necessity for making available extra money to the Highway Patrol for the purpose of providing funds for the payment of the longevity pay for the personnel of the department as previously recommended to you.
We also have the problem of whether or not to inaugurate the new program for aid to indigent sick. It is estimated this will cost an average of $2 million dollars the first year with a progressive increase each year thereafter.
You can determine from these figures that great care must be exercised during the next year in the administration of the budget if we are to carry on essential services for the people.
GROWTH REQUIRES GROWTH
All of the figures I have cited calling for additional expenditures of state money are occasioned almost 100% by the fact that we are growing both in population and in resources.
The per capita tax rate in Georgia is still substantially lower than her sister states with comparable populations and resources.
We are not only in line with other states in the services rendered to our people, but are substantially ahead of them in many fields.
The responsibility of cost for supporting the state government is now spread fairly among all our people by what are considered fair and equitable tax laws.
BUDGET AND FISCAL
After committee studies and hearings in both branches, the General Assembly in its 1956 session adopted a new appropriations bill which has been in operation now for only one year and six months.
The first section of the appropriations act, with first priority on state income, calls for expenditures of $284,964,433.60. This section is being paid in full in the following manner.
Education _______..._____.._._.___..___________________$150,000,000.00
53 %
Highways
,, ,, 67,000,000.00
23%
Welfare
._
32,000,000.00
11%
Health
.__.____._-.
10,000,000.00
4%
All Others
._
25,000,000.00
9%
The category "all others" includes every other department or agency, all boards, bureaus and commissions, the Legislature, all state courts and the cost of revenue collections.
Section 48 of the Acts of 1956 as amended by Acts of 1957 com monly referred to as the "Contingent Sections" of the budget, appro priates another $77% million dollars. This is being financed partially at the present time to the extent of $31,881,806.96.
Budget allocations from July 1st, 1957, through January 10th, 1958, under Section 48 of the appropriations act is as follows:
MONDAY, JANUARY 27, 1958
241
E ducation -..................-...._-_,,__,,-.._.____.$ 17,919,984.94
56%
Highways .-_..._.-_-.______.__________.,,.__.,,..... 1,883,750.00
6%
Welfare
______________________ 2,225,000.00
7%
Health ._..........-_....--. __________________._____._.2,631,500.00
8%
All Others ______________..........................._. 7,221,572.02
23%
ALL INCOME APPROPRIATED
Bearing in mind that the current total rate of expenditures is at the $316% million dollar level annually, we find that this figure is 1% million dollars more than the total State income of $315% million dollars collected during the preceding fiscal year.
Every dime of present and prospective income is being appropri ated under the present appropriations act--either in the main section of the Act or in the Contingent Section.
Estimates of both the State Auditor and State Revenue Commis sioner place anticipated revenue for the current fiscal year at $316 million dollars, with a slight chance of a small increase.
We have an operating surplus of $31 million dollars, slightly more than a one-months requirement of money to meet the present budget.
The surplus must be conserved to carry on the Minimum Founda tion Program, match new Federal highway aid, provide for normal increases in the welfare benefits and such other vital needs as may arise during the coming year.
CONTINGENT SECTION
There is provided in the contingent section of the appropriations act, $45% million dollars which has not yet been financed. The amounts to be financed are:
Education ______.._____________.___________________________.._..._............_.$28,955,015.06
Highway ___.___._______________.___....._......____,,.......................... 14,116,250.00
Health ._....-............................_.................._.-._.-__.._,,.__..... 868,500.00
Welfare _.,,___
6,425,000.00
All others ______________________________________________________________________ 4,750,477.18
I believe you will agree with me that there is little likelihood that the revenue will increase in sufficient amount to come anywhere near the balance of the appropriations authorized by you in the Contingent Section.
We are placing first things, first.
Most important departmental requirements are being met within the limitation of the income of the State.
We must resist any and all attempts to increase the amount of appropriations, as contained in the 1956 appropriations act, as amended by the 1957 Act.
Any change here would result in one or another favored depart ment being unnecessarily enriched at the expense of all the others.
Following a safe and conservative policy, I urge that all proposals whatsoever for additional expenditures be confined to Section 48, which is the contingent section.
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JOURNAL OF THE HOUSE,
Passage of a new appropriations bill at this time would upset the present financial structure of the State and commitments made under it.
This being the case, I have no alternative hut to recommend to you that you allow the present Appropriations Act to continue in force and effect as authorized by the State Constitution for the next fiscal year.
As Governor of this State I have followed strictly the provisions of our Constitution which separates our government into three divisions --the Legislative, the Judicial and the Executive.
Let me assure you that I have, at no time, endeavored to encroach upon the functions of the Legislative or Judicial Divisions during the time I have served as Head of the Executive Department.
We all know that each branch must always be free to act with equal dignity and authority in carrying out the functions designated to it by our fundamental laws.
Following this concept of government by the people, which was handed down by the founding fathers, we have achieved here in Georgia a higher degree of local self-government than can be found in any other state in this Union.
The duties of the Governor are limited and restricted by the Con stitution and a Governor's resolute leadership under the provisions of the Constitution forms a strong rampart to protect the rights of the people.
The strong leadership by the office of the Chief Executive is an indisperisible safeguard if we are to insure a continuation of separate schools and colleges in our State, if we are to preserve law and order, and if we are to maintain domestic peace and tranquility.
It is with complete confidence that I feel that the members of this General Assembly and the masses of the people of Georgia share my resolve in this respect.
Senator Hawes of the 30th moved that the Joint Session of the General Assembly be now dissolved, and the motion prevailed.
The President of the Senate announced the Joint Session dissolved.
The Speaker Pro Tempore called the House to order.
Mr. Hawkins of Screven moved that the House do now adjourn until 10:00 o'clock, a.m., tomorrow morning, the motion prevailed, and HB 252 went over
until that time under the order of unfinished business.
The Speaker Pro Tempore announced the House adjourned until 10:00 o'clock, tomorrow morning.
TUESDAY, JANUARY 28, 1958
243
Representative Hall, Atlanta, Georgia Tuesday, January 28, 1958
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 Bagby Ballard Barber Barrett Baughman Birdsong
Black Blalock of Coweta Blalock of Clayton
Bodenhamer Boggs Bolton Brackin Bradley Brennan Brooks of Oglethorpe Brooks of Fulton Broome Budd Burkhalter Busbee Cagle Caldwell Callier A. Campbell of
Walker W. Campbell of
Walker Carlisle Carr Carswell Carter Chastain Cheatham Cheek Cloud Coalson Cocke Cowart Craven Crummey Denmark Dorminy Duncan
Echols Elder Ellis Eyler Fellows Floyd Flynt Fordham Fowler of Douglas Fowler of Treutlen Frazier Freeman Fuqua Gowen Green of Rabun Greene of Bartow Grimsley Gross of Stephens Gross of Bade Hall of Lee Hall of Floyd Hardaway Harper Harrison Hawkins Helms Henderson Hendrix Hill Hodges of Ware Hodges of Butts Hogan Holcombe Holley Holloway Huddleston Hurst Ingle Irvin Jessup Johnson Jones of Worth Jones of Lumpkin Jones of Baker Jones of Laurens Jones of Sumter
Jones of Crawford Kelley Kennedy Key Killian Kimmons King Lam Lancaster Land Lanier Larkins Lee Lindsey Lokey Long Lott Mackay Mann Matthews Miles Miller of Twiggs Miller of Elbert Mobley Moorman Morris Moss Mull Murphy Murr Musgrove McClelland McCracken McGibony McKenna McWhorter Neese Newton Nichols Nilan Odom Orr Overby Palmer Parker of Pike Parker of Ware
244
JOURNAL OF THE HOUSE,
Parker of Appling Payton Pelham Perkins Perry Peters Phillips of Walton Pickard Pickett
Ramsey Raulerson Reed Roberts Rodgers of Charlton Rogers of Heard Ross Roughton Russell
Scoggin Short Singer Sivell Smith of Forsyth Smith of Emanuel Snrth of Lamar Smith of Fulton Smith of Whitfield
Souter Stephens Story Summers Tabb Tamplin Tarpley Taylor Todd
Truelove Twitty Underwood Veal Walker of Lowndes Walker of Telfair Watson Weems White
Willingham Willis Wilson Winkle Wooten Wright of Dodge Wright of Floyd Yandle Young
Mr. Black of Webster, Chairman of the committee on Auditing, Enrolling and Engrossing Journals, reported that the Journal of yesterday's proceedings had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions.
2. First reading and reference of House Bills and Resolutions.
3. Reports of standing committees.
4. Second reading of Bills and Resolutions.
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 807. By Mr. Killian of Glynn:
A Bill to be entitled an Act to place the Sheriffs of the State on a salary system in lieu of a fee system, and for other purposes.
Referred to the Committee on State of Republic.
TUESDAY, JANUARY 28, 1958
245
HB 808. By Mr. Long of Murray:
A Bill to be entitled an Act to abolish Ross Avenue, and that portion of Walnut Street that lies west of the East line of M. D. Terry property, in Sanders Heights, Murray County, Georgia records; and for other purposes.
Referred to the Committee on Local Affairs.
HB 809. By Mr. Odom of Camden:
A Bill to be entitled an Act to abolish the fee system for compensating county officers in this State; and for other purposes.
Referred to the Committee on State of Republic.
HB 810. By Mr. Gross of Bade:
A Bill to be entitled an Act to create the Dade County Water Authority, and for other purposes.
Referred to the Committee on Local Affairs.
HB 811. By Messrs. Morris of Tift and Jones of Worth:
A Bill to be entitled an Act to amend an Act regulating trade practices in the business of insurance, and for other purposes.
Referred to the Committee on Insurance.
HB 812. By Mr. Messrs. Barrett of Cherokee, Cagle of Pickens, Harper of Gilmer and Smith of Forsyth:
A Bill to be entitled an Act to amend an Act establishing a salary for the Solicitor General of the Blue Ridge Judicial Circuit, and for other purposes.
Referred to the Committee on Local Affairs.
HB 813. By Mr. Jones of Worth:
A Bill to be entitled an Act to provide that no lender of money to be used by the borrower for the purchase of property and no vendor of property as a condition precedent to the making of such loan or selling of property shall require that the borrower or purchaser secure hazard insurance or liability insurance from any particular agent, underwriter or insurer, and no such lender or vendor shall execute or take any contract whereby such borrower or purchaser relinquishes the right to select the agent or insurer for any such insurance; and for other purposes.
Referred to the Committee on Insurance.
HB 814. By Mr. Moorman of Lanier:
A Bill to be entitled an Act to amend an Act creating a Board of Commissioners of Roads and Revenues for the County of Lanier, and for other purposes.
Referred to the Committee on Local Affairs.
246
JOURNAL OF THE HOUSE,
HB 815. By Mr. Harrison of Franklin:
A Bill to be entitled an Act to amend an Act incorporating the City of Lavonia, and for other purposes.
Referred to the Committee on Local Affairs.
HB 816. By Mr. Frazier of Jeff Davis:
A Bill to be entitled an Act to create a Board of Commissioners of Roads and Revenues of Jeff Davis County, and for other purposes.
Referred to the Committee on Local Affairs.
HB 817. By Mr. Henderson of Irwin:
A Bill to be entitled an Act to repeal an Act amending an Act creating the Board of Commissioners of Roads and Revenues of Irwin County, and for other purposes.
Referred to the Committee on Local Affairs.
HB 818. By Messrs. Rowland of Johnson, Petty of Pulaski and Bagby of Paulding:
A Bill to be entitled an Act to amend an Act creating the office of Director Emeritus of the State Board of Workmen's Compensation, and for other purposes.
Referred to the Committee on Industrial Relations.
HB 819. By Messrs. Holcombe, Reed and Willingham of Cobb:
A Bill to be entitled an Act to amend an Act to create a new charter for the City of Marietta, so as to change the corporate limits of said City, and for other purposes.
Referred to the Committee on Local Affairs.
HB 820. By Mr. McKenna of Bibb:
A Bill to be entitled an Act to amend an Act establishing the State Employees' Retirement System, so as to authorize certain employees to transfer service credits from the Teachers' Retirement System to the Employees; Retirement System, and for other purposes.
Referred to the Committee on Education.
HB 821. By Mr. Odom of Camden:
A Bill to be entitled an Act to amend an Act relating to the Game and Fish Commission and to game and fish; so as to fix the hours of commercial fishing in certain hours during open seasons in certain counties, and for other purposes.
Referred to the Committee on Natural Resources.
TUESDAY, JANUARY 28, 1958
247
HB 822. By Messrs. Caldwell and Echols of Upson:
A Bill to be entitled an Act to amend an Act relating to the qualifica tions of the County Superintendent of Schools, and for other purposes.
Referred to the Committee on Education.
HB 823. By Mr. Caldwell of Upson:
A Bill to be entitled an Act to provide for the maintenance of standards of sanitation for food service establishments; and for other purposes.
Referred to the Committee on Hygiene and Sanitation.
HB 824. By Messrs. Carswell of Burke, Barber of Jackson, Lanier of Candler, Orr of Wilkes, Hawkins of Screven, Mobley of Burke and Johnson of Jenkins:
A Bill to be entitled an Act to amend an Act relating to the taxation of intangible property, so as to exempt from taxation long term notes secured by real estate held by Production Credit Associations, and for other purposes.
Referred to the Committee on Ways and Means.
HB 825. By Messrs. Carswell of Burke, Hawkins of Screven, Key of Jasper, Mobley of Burke and Johnson of Jenkins:
A Bill to be entitled an Act to amend an Act relating to the wife's separate estate, so as to strike the provisions prohibiting a wife from binding her separate estate by a contract of suretyship or any assemption of the debts of her husband; and for other purposes.
Referred to the Committee on Judiciary.
HB 826. By Mr. Tamplin of Morgan:
A Bill to be entitled an Act to amend an Act creating a Board of Commissioners of Roads and Revenues for Morgan County, and for other purposes.
Referred to the Committee on Local Affairs.
HB 827. By Mr. Roughton of Washington:
A Bill to be entitled an Act to amend an Act creating the City Court of Sandersville, so as to change the provisions relative to costs of court in certain cases; and for other purposes.
Referred to the Committee on Local Affairs.
HR 343-827a. By Messrs. Twitty and Palmer of Mitchell: A Resolution to compensate James H. Edwards, and for other purposes.
Referred to the Committee on Appropriations.
248
JOURNAL OF THE HOUSE,
HE 344-827b. By Messrs. Morris and Bodenhamer of Tift:
A Resolution compensating Grady Emmitt Burgess of Tifton, Georgia, and for other purposes.
Referred to the Committee on Appropriations.
HR 345-827c. By Messrs. McKenna and Wilson of Bibb:
A Resolution to compensate Lovett White, as next friend of Sue Jean White, Betty Jo White, and Melody Ann Floyd; and for other purposes.
Referred to the Committee on Appropriations.
HR 346-827d. By Messrs. McKenna and Wilson of Bibb: A Resolution to compensate W. J. Wilkerson, and for other purposes.
Referred to the Committee on Appropriations.
HR 347-827e. By Mr. Jones of Lumpkin:
A Resolution authorizing the Governor to provide funds for school purposes in hardship cases in Lumpkin County, and for other purposes.
Referred to the Committee on Education.
HR 348-827f. By Messrs. Gowen and Killian of Glynn:
A Resolution to request the State Toll Bridge Authority to provide annual rates of toll on Sidney Lanier Bridge in order to aid the development of Jekyll Island, and for other purposes.
Referred to the Committee on State of Republic.
By unanimous consent, the following committee reports were submitted and read:
Mr. Twitty of Mitchell County, Chairman of the Committee on Judiciary, submitted the following report:
Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bills of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 691. Do Pass.
HB 699. Do Pass.
HB 762. Do Pass.
HB 787. Do Pass.
Respectfully submitted,
Twitty of Mitchell, Chairman.
TUESDAY, JANUARY 28, 1958
249
Mr. Short of Colquitt County, Chairman of the Committee on Local Affairs, submitted the following report:
Mr. Speaker:
Your Committee on Local Affairs has had under consideration the following Bills and Resolutions of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 675. Do Pass.
HB 781. Do Pass.
HB 785. Do Pass.
HB 795. Do Pass.
HB 796. Do Pass.
HB 798. Do Pass.
HB 802. Do Pass.
HB 804. Do Pass.
HB 806. Do Pass.
HR 332-787a. Do Pass.
Respectfully submitted,
Short of Colquitt, Chairman.
Mr. Overby of Hall County, Chairman of the Committee on State of Re public, 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 694. Do Pass.
Respectfully submitted,
Overby of Hall, Chairman.
By unanimous consent, the following Bills and Resolutions of the House were read the second time:
HB 790. By Messrs. Rowland of Johnson, McGibony, of Green, Carr of Dooly, Lancaster of Jones, Summers of Crisp and McCracken of Jefferson:
A Bill to be entitled an Act to amend an Act establishing the State Employees' Retirement System, so as to authorize tax commissioners, tax collectors, tax receivers and employees in the offices thereof to become members of the System, and for other purposes.
HB 791. By Mr. Ingle of Gordon:
A Bill to be entitled an Act to amend an Act relating to ballots in elec tions other than primary elections, and for other purposes.
250
JOURNAL OF THE HOUSE,
HB 792. By Messrs. Floyd of Chattooga, McKenna of Bibb and Weems of Chattooga:
A Bill to be entitled an Act to amend an Act known as the Civil Defense Act of 1951, to redefine the membership of the Civil Defense Advisory Council; and for other purposes.
HB 793. By Messrs. Floyd and Weems of Chattooga, and McKenna of Bibb:
A Bill to be entitled an Act to amend the Georgia Civil Defense Act of 1951, authorizing the Governor, in the event of an emergency, to designate a temporary seat of government, and for other purposes.
HB 794. By Messrs. McKenna of Bibb, Floyd of Chattooga and Ingle of Gordon:
A Bill to be entitled an Act to amend the Georgia Civil Defense Act of 1951, authorizing all state, municipal, county and other officers and officials to appoint deputies and designate lines of succession, governing the succession and devolution of authority during an emergency as declared by the Governor under Sec. 7 of said Act, and for other purposes.
HB 797. By Mr. Roughton of Washington:
A Bill to be entitled an Act to provide that any person, firm, corpora tion or association which shall offer for sale in this State any annuity contract shall be subject to all the laws governing life insurance com panies; and for other purposes.
HB 799. By Messrs. Broome of Bacon, Hawkins of Screven, Jessup of Bleckley, Sheffield of Brooks and Moate of Hancock:
A Bill to be entitled an Act to provide for a method of retraction of libelous statements made by newspapers which shall relieve such news paper from being liable for punitive damages; and for other purposes.
HB 800. By Messrs. M. M. Smith, Brooks and McClelland of Fulton:
A Bill to be entitled an Act to amend an Act relating to and defining the words "Gross income" and providing therein for the exemption from income taxation of the specific items referred to in Paragraph (b) so as to exclude from gross income amounts received as pensions from the Government of the U. S., and for other purposes.
HB 801. By Messrs. Brooks of Fulton, Overby of Hall and McClelland of Fulton:
A Bill to be entitled an Act to provide basic qualifications of persons to vote in any town or municipal election, and for other purposes.
HB 803. By Mr. Killian of Glynn:
A Bill to be entitled an Act to amend an Act relating to premarital examinations, so as to provide that the certificates and statements which are filed with the ordinary may be destroyed after a period of one year; and for other purposes.
TUESDAY, JANUARY 28, 1958
251
HB 805. By Mr. Fellows of Coffee:
A Bill to be entitled an Act to amend an Act known as the Georgia Military Forces Reorganization Act of 1955, so as to change the quali fications for the Assistant Adjutant General for Army and Assistant Adjutant General for Air; and for other purposes.
HR 339-806a. By Mr. Ingle of Gordon:
A Resolution to authorize and direct the State Highway Department to compensate Freeman B. Roberts for damages to his automobile, and for other purposes.
HR 340-806b. By Mr. Hurst of Quitman:
A Resolution to authorize the conveyance of certain property to the Town of Georgetown; and for other purposes.
HR 341-806c. By Mr. Murr of Sumter:
A Resolution to create an interim Committee of the House to investigate and hold hearings relating to Koinonia Farms, Inc., with the object of securing evidence and information necessary or needful in the draft ing of prescribed legislation; and for other purposes.
SR 98. By Senator Kelley of the 28th:
A Resolution authorizing and directing the State librarian to furnish certain law books to the Ordinary of Jasper County, and for other purposes.
SB 181. By Senator Sanders of the 18th:
A Bill to be entitled an Act to amend an Act to provide in certain counties an annual salary for coroners, fix fees of coroner's jurors, and for other purposes.
SB 185. By Senator Edenfield of the 2nd:
A Bill to be entitled an Act to provide for the compensation of the Sheriff, Clerk of the Superior Court and the Ordinary of Mclntosh County, and for other purposes.
SB 189. By Senator Edenfield of the 2nd:
A Bill to be entitled an Act to amend an Act creating an office of Tax Commissioner in and for Mclntosh County; and for other purposes.
SB 190. By Senators Brown of the 19th, Cox of the 50th and Ellard of the 31st:
A Bill to be entitled an Act to amend an Act creating the Board of Commissioners of Roads and Revenues for Greene County, and for other purposes.
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JOURNAL OF THE HOUSE,
SB 191. By Senators Hill of the 54th, Crawford of the 1st, Newman of the 38th, Wright of the 24th, Trotter of the 37th, Garrett of the 53rd and many others:
A Bill to be entitled an Act to amend an Act known as the Minimum Foundation Program of Education Act; and for other purposes.
SB 210. By Senator Brown of the 52nd:
A Bill to be entitled an Act to provide for the payment of city, state and county taxes for the current year in one or more installments in all counties having a population of 300,000 or more; and for other purposes.
By unanimous consent, the following Bills of the House, favorably reported, were read the second time:
HB 795. By Messrs. Coalson and Pickett of Polk:
A Bill to be entitled an Act creating a Board of Commissioners of Roads and Revenues in and for the County of Polk, and for other purposes.
HB 796. By Messrs. Coalson and Pickett of Polk:
A Bill to be entitled an Act to amend an Act creating and establishing a Board of Commissioners of Roads and Revenues for Polk County relating to election of County Attorney, and for other purposes.
HB 798. By Mr. Watson of Houston:
A Bill to be entitled an Act to create and incorporate a new munici pality in Houston County to be known as Centerville, and for other purposes.
HB 802. By Messrs. Parker and Hodges of Ware, Kimmons of Pierce, Larkins of Brantley, Rodgers of Charlton, Roberts and Fellows of Coffee and Broome of Bacon:
A Bill to be entitled an Act to amend an Act abolishing the fee system existing in the Superior Courts of the Waycross Judicial Circuit; to provide for additional compensation for attendance and reporting felony cases, and for other purposes.
HB 804. By Mr. Huddleston of Fayette:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Fayetteville, and for other purposes.
HB 806. By Mr. Huddleston of Fayette:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Fayetteville, so as to change the hours for holding elections, and for other purposes.
By unanimous consent, the following Bills and Resolution of the House were taken up for consideration and read the third time:
TUESDAY, JANUARY 28, 1958
253
HB 675. By Messrs. Greene and Bradley of Bartow: A Bill to be entitled an Act to amend an Act creating a new charter for the City of Cartersville; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 169, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 781. By Mr. Miller of Elbert: A Bill to be entitled an Act to amend an Act incorporating the City of Elberton; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 169, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 785. By Messrs. Cloud and Taylor of Decatur: A Bill to be entitled an Act to amend an Act creating a new charter for the City of Bainbridge; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 169, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HR 332-787a. By Messrs. Reed, Holcombe and Willingham of Cobb:
A RESOLUTION
Proposing an amendment to Article VII, Section VII, Paragraph V of the Constitution of the State of Georgia so as to authorize the City of Marietta and its Board of Lights and Water Works to combine and operate the water and sewerage system and electric system of said City as one revenue undertaking and to issue revenue bonds for the purpose of adding to, extending and improving any facility of such combined utility and to secure the payment of said bonds and interest thereon by pledging the revenues of such combined public utility for that purpose; to provide the method and procedure for the issuance of said bonds; to provide the effective date of this amendment; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
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JOURNAL OF THE HOUSE,
SECTION 1.
Article VII, Section VII, Paragraph V of the Constitution incorpo rated in the Code of Georgia of 1933 as Section 2-6005, shall be amended by adding at the end thereof a new paragraph to be numbered 3 and which shall read as follows:
"3. Notwithstanding any provisions of this Constitution to the contrary the City of Marietta and its Board of Lights and Water Works are authorized and hereby empowered and granted the right, power and authority to combine the water and sewerage system and electric system now being maintained and operated by said Board for the benefit of said City and to maintain, repair and operate such combined public utility as one revenue producing undertaking and to issue from time to time interest bearing revenue anticipation obligations to be known and designated 'Public Utili ties Revenue Bonds' for the purpose of acquiring, constructing, adding to, extending, improving and equipping any facilities of such combined public utility and to pledge for the payment of the principal of and interest on such public utilities revenue bonds all or any part of the revenues of such combined public utility and to create a line thereon for that purpose, subject to any liens here tofore created thereon by law or contract. No election to authorize the issuance of said bonds shall be required and the pledge of revenues from the combines public utility shall not be a debt of the City of Marietta within the meaning of Article VII, Section VII, Paragraph I of this Constitution. Such bonds may be issued from time to time bearing such rate or rates of interest as author ized by law and maturing within thirty (30) years from their date in the years and amounts as determined by a majority vote of the governing body of the City of Marietta and by a majority vote of the members of the Boards of Lights and Water Works and when so authorized the procedure of the issuance and delivery including validation shall be in all respects in accordance with the Revenue Bond Law as now enacted and any amendments thereto which law was originally known as the 'Revenue Certificate Law of 1937.'
The rights, powers and authority herein conferred upon the City of Marietta and its Board of Lights and Water Works are self-executing and no enabling act of the General Assembly shall be necessary and are hereby made cumulative of and in addition to such other rights, powers and authority as they may have under the Constitution and laws of this State."
SECTION 2
When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"For ratification of amendment to Article VII, Section VII,
TUESDAY, JANUARY 28, 1958
255
Paragraph V of the Constitution so as to authorize the City of Marietta and its Board of Lights and Water Works to combine and operate the water and sewerage system and the electric system of said City as one revenue producing utility and to issue revenue bonds for adding to, extending and improving any facility of such combined utility and to secure the payment of such bonds and interest thereon by pledging the revenues of the combined utility for that purpose."
"Against ratification of amendment to Article VII, Section VII, Paragraph V of the Constitution so as to authorize the City of Marietta and its Board of Lights and Water Works to combine and operate the water and sewerage system and the electric system of said City as one revenue producing utility and to issue revenue bonds for adding to, extending and improving any facility of such combined utility and to secure the payment of such bonds and inter est thereon by pledging the revenues of the combined utility for that purpose."
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 roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Alien Bagby Ballard Barber Barrett Baughman Birdsong Black Blalock of Coweta Blalock of Clayton Bodenhamer Boggs Bolton Brackin Bradley Brennan Brooks of Oglethorpe Broome
Budd Burkhalter Cagle Caldwell A. Campbell of
Walker W. Campbell of
Walker Carlisle Carr Carswell Carter Chastain Cheatham Cheek Coalson Cocke Cowart
Craven Crummey Denmark Dorminy Echols Elder Ellis Eyler Fellows Ployd Flynt Fordham Fowler of Douglas Fowler of Treutlen Frazier Freeman Fuqua Gowen
256
JOURNAL OP THE HOUSE,
Green of Rabun Greene of Bartow Griffith Grimsley Gunter Hall of Lee Hall of Floyd Hardaway Harper Harrison Helms Henderson Hendrix Hill Hodges of Ware Hodges of Butts Holcombe Holley Huddleston Hurst Ingle Irvin Jessup Johnson Jones of Wayne Jones of Worth Jones of Lumpkin Jones of Laurens Jones of Crawford Kennedy Key Kidd Killian Kimmons King Lam Lancaster Land Larkins
Lee Lindsey Lokey Long Lott Love Maekay Mann Matthews Miles Miller of Twiggs Mobley Moorman Morris Moss Murphy Musgrove McCracken McGibony McKenna McWhorter Neese Newton Nichols Nilan Odom Orr Overby Palmer Parker of Ware Parker of Appling Payton Pelham Perkins Perry Pettey Phillips of Walton Pickard Pickett
Raulerson Reed Roberts Rodgers of Charlton Rogers of Heard Ross Roughton Russell Scoggin Sheffield Short Smith of Forsyth Smith of Emanuel Smith of Whitfield Souter Stephens Story Summers Tabb Tamplin Taylor Todd Truelove Twitty Underwood Veal Walker of Lowndes Weems Wells White Willingham Willis Wilson Wooten Wright of Floyd Yandle
Young
On the adoption of the Resolution, the ayes were 169, nays 0.
The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.
Under the regular order of business, the following Bill of the House was again taken up for consideration.
HB 252. By Messrs. Murr of Sumter, Bagby of Paulding, Brooks of Fulton, Carlisle of Bibb, and many others:
A Bill to be entitled an Act to require electric marker warning lights on the rear of railroad trains; and for other purposes.
The following amendment was read and adopted:
TUESDAY, JANUARY 28, 1958
257
Mr. Carter of Hart moves to amend HB 252 as follows:
By renumbering Section 6 as Section 7 and inserting a new section numbered Section 6, as follows:
"Section 6. Provided, however, that the provisions of this Act shall not apply to any common carrier or railroad corporation which operates its trains solely within the confines of a single county in 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 roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.
Bagby Brennan Brooks of Fulton Burkhalter
Busbee Carlisle Carr Chastain Cheatham Dorminy Fellows Flynt Freeman Fuqua
Hardaway Harrison Hawkins Hodges of Ware Holcombe Holley Holloway Jones of Sumter Lancaster Miles Moss Murr McGibony McKenna
Nilan Parker of Ware Perkins Peters Pickett Roberts Rowland Russell Story Summers Willis Wilson
Those voting in the negative were Messrs.:
Ballard Barrett Baughman Birdsong Blalock of Coweta Blalock of Clayton Boggs Bolton Brackin Bradley Broome Caldwell Callier W. Campbell of
Walker Carswell Carter
Cloud Coalson Cocke Cowart Craven Crummey Denmark Echols
Elder Ellis Eyler Floyd Fowler of Douglas Fowler of Treutlen Frazier Gowen Green of Rabun
Greene of Bartow Griffith Grimsley Gross of Stephens Hall Helms Henderson Hendrix Hodges of Butts
Hurst Ingle Irvin Johnson Jones of Wayne Jones of Worth Jones of Lumpkin Jones of Laurens
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JOURNAL OF THE HOUSE,
Jones of Crawford Kennedy Key Kidd
King Lam
Land Lee Lindsey Lokey Long Lott Love Mackay Mann Miller of Twiggs Miller of Elbert Mobley Moorman Morris
Murphy Musgrove
McCracken
Singer
MeWhorter
Sivell
Neese
Smith of Forsyth
Newton
Smith of Emanuel
Nichols
Smith of Fulton
Odom
Smith of Whitfield
Orr
Souter
Overby
Tamplin
Palmer
Taylor
Parker of Pike
Todd
Parker of Appling
Truelove
Payton
Twitty
Pelham
Underwood
Perry
Veal
Pettey
Watson
Phillips of Columbia
Wells
Phillips of Walton
White
Pickard
- Wooten
Ramsey
Wright of Dodge
Rodgers of Charlton
Wright of Floyd
Rogers of Heard
Yandle
Short
Young
On the passage of the Bill, as amended, the ayes were 41, nays 117.
The Bill, having failed to receive the requisite constitutional majority, was lost.
Mr. Burkhalter of Tattnall asked that the Journal show him as having voted "nay" on HB 252 since he had intended to vote against the passage of the Bill but was recorded on the roll call as voting "aye".
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 110. By Senators Stafford of the 47th, Williams of the 49th and Cook of the 42nd:
A Resolution creating a committee to investigate the pay schedule of teachers in the public school systems in the State of Georgia; and for other purposes.
HR 338. By Messrs. Broome of Bacon, Short of Colquitt, and others:
A Resolution relative to restoring tobacco acreage allotments to the 1956 level; and for other purposes.
Under the regular order of business, the following Bill of the House was again taken up for consideration:
TUESDAY, JANUARY 28, 1958
259
HB 694. By Messrs. Moate of Hancock, Hawkins of Screven, Sheffield of Brooks, Jessup of Bleckley and many others:
A Bill to be entitled an Act to amend an Act creating the Georgia Rural Roads Authority; and for other purposes.
The following amendments were read and adopted:
Mr. Fowler of Douglas moved to amend HB 694 by Amending Section Four of the Rural Roads Act to include the following as mem bers of the Rural Roads Authority:
The President of the Georgia Farm Bureau.
The President of the County Commissioner's Association.
The President of the County Agents Association.
The President of the Georgia Association of Teachers of Voca tional Agriculture.
The President of the Georgia Rural Letter Carriers Associa tion.
The President of the Georgia School Bus Drivers Association.
The Chairman of the Agriculture Committee of the Georgia State Chamber of Commerce.
Mr. Fowler of Douglas moves to further amend as follows:
Amend Section 8 of the Rural Roads Act to provide that the Authority be required to use three designs of roads; that the design number which shall be used on a certain road shall be selected by the local selection committee which now determines the road to be placed on the project, and that the design shall be in-so-far as possible the following:
Design No. 1. The same basic design as now used by the Authority.
Design No. 2. A road with lower specifications which will cost from one-half to two-thirds the cost per mile of Design No. 1.
Design No. 3. A road which will follow generally the same road beds of existing roads but with certain improvements to cost as near as possible not more than one-third the cost per mile of Design No. 1.
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 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.:
Adams Baughman Birdsong Bodenhamer Brackin Brooks of Oglethorpe Broome Burkhalter Callier A. Campbell of
Walker W. Campbell of
Walker Carr Carswell Chastain Cloud Cocke Cowart Crummey Denmark Duncan Elder Fellows Floyd Flynt Fowler of Douglas Green of Rabun Griffith Grimsley Gross of Dade Hardaway Hawkins
Helms Henderson Hendrix Hodges of Butts Hogan Holcombe Hurst Jessup Johnson Jones of Wayne Jones of Baker Jones of Sumter Jones of Crawford Kennedy Key Kidd Kimmons King Land Larkins Long Mann
Miles Miller of Twiggs Mobley Moorman
Morris Mull Musgrove Neese Newton Nilan Parker of Pike
Pelham Perkins
Perry Peters Pettey Phillips of Walton Ramsey Raulerson Reed Roberts Rodgers of Charlton Rowland Scoggin Sheffield Short Singer Smith of Forsyth Smith of Lamar Smith of Whitfield Souter Taylor Todd Veal Watson Weems Wells White Willingham Willis Wright of Floyd Young
.Those voting in the negative were Messrs.:
Alien Bagby Ballard Barber Barrett Black Blalock of Coweta Blalock of Clayton Boggs Bolton Bradley Brennan Brooks of Fulton
Budd Busbee Caldwell Carlisle
Carter Cheatham
Cheek Coalson Craven Dorminy Echols Ellis Eyler Fordham Fowler of Treutlen Frazier Freeman Fuqua Gowen Gross of Stephens Gunter Hall of Lee Hall of Floyd Harper Harrison
Hill Hodges of Ware Holley Holloway Huddleston Ingle
Irvin Jones of Worth Jones of Lumpkin Jones of Laurens Killian Lam Lancaster Lanier Lee Lindsey Lokey Lott Love
TUESDAY, JANUARY 28, 1958
261
Mackay Matthews
Miller of Elbert Moss Murphy Murr McClelland McCracken McGibony McKenna McWhorter Nichols Odom Orr Overby Palmer
Parker of Ware Parker of Appling
Payton Phillips of Columbia Pickard Pickett Ray Rogers of Heard Ross Roughton Russell Rutland Sivell Smith of Emanuel Smith of Pulton Stephens
Story Summers
Tabb Tamplin Tarpley Truelove Twitty Underwood Walker of Lowndes Wilson Winkle Wooten Wright of Dodge Yandle
On the passage of the Bill, as amended, the ayes were 95, nays 106.
The Bill, having failed to receive the requisite constitutional majority, was lost.
Mr. Hawking of Screven gave notice that at the proper time he would move that the House reconsider its action in failing to pass HB 694.
The following Resolution was read and adopted:
HR 357. By Mr. Short of Colquitt:
A RESOLUTION
Relative to the 75th Anniversary of the Federal Civil Service Sys tem; and for other purposes.
Where as, the Federal Civil Service System was 75 years old on January 16, 1958, and this event will be observed throughout the entire year, and
WHEREAS, the System provides the selection of civilian em ployees of the United States government on a merit basis and the efficient conduct of the government depends to a large degree on the caliber of the career employees who hold a multitude of positions in the various departments and agencies of said government, and
WHEREAS, the maintenance of efficiency in government is of direct and vital concern to the citizens of this and every other state in the Union, and
WHEREAS, the general public has very little knowledge of the service rendered by employees of the government and there is need for an education effort to develop public understanding and apprecia tion of the public service and of public servants, and
WHEREAS, Honorable Marvin Griffin, Governor, has proclaimed the week of January 12-18, 1958 as "Civil Service Week" in Georgia.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the officials and employees of the
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JOURNAL OF THE HOUSE,
Civil Service System be hereby congratulated upon the 75th Anniver sary of the Civil Service Systm and goes on record as recognizing the outstanding contribution to the government and our country by such System and urges the people of this State to appropriately observe the 75th Anniversary of the establishment of the Civil Service System throughout the entire year of 1958.
Mr. Hawkins of Screven moved that the House do now adjourn until 10:00 o'clock, a.m., tomorrow morning, and the motion prevailed.
The Speaker announced the House adjourned until 10:00 o'clock tomorrow morning.
WEDNESDAY, JANUARY 29, 1958
263
Representative Hall, Atlanta, Georgia Wednesday, January 29, 1958
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 Reed Sessions, Pastor of the Midville Methodist Church, Midville, Georgia.
The roll was called and the following members answered to their names:
Adams Alien
Bagby Ballard Barber Barrett Baughman Birdsong Black Blalock of Coweta Blalock of Clayton Bodenhamer Boggs Bolton Brackin Bradley Brennan Brooks of Oglethorpe Brooks of Fulton Broome Budd Busbee Cagle Caldwell Callier A. Campbell of
Walker W. Campbell of
Walker Carlisle Carr Carswell
Carter Chastain Cheatham Cheek Cloud Coalson Cocke Co wart Craven Denmark Dorminy Duncan
Echols Elder Ellis Eyler Fellows Floyd Flynt Fordham Fowler of Douglas Fowler of Treutlen Frazier Freeman Fuqua Gowen Green of Rabun Greene of Bartow Grimsley
Gross of Stephens Gross of Dade Gunter Hall of Lee Hall of Floyd Hardaway Harper Harrison Hawkins Henderson Hendrix Hill
Hodges of Ware Hodges of Butts Hogan Holley Holloway Huddleston Hurst Ingle Irvin Jessup Johnson Jones of Wayne Jones of Worth Jones of Lumpkin Jones of Baker
Jones of Laurens
Jones of Sumter Jones of Crawford
Kelley
Kennedy Key Killian Kimmons King Lam Lancaster Land Lanier Larkins Lee Lindsey Lokey Long Lott Love Mackay Mann Matthews Miles Miller of Twiggs Miller of Elbert Mobley Moorman Morris Moss Mull Murphy Murr Musgrove McClelland McCracken McGibony McKenna McWhorter Neese Newton Nichols Nilan Odom
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JOURNAL OF THE HOUSE,
Orr Overby Palmer Parker of Pike Parker of Ware
Parker of Appling
Payton Pelham
Perkins Perry Peters Pettey Phillips of Columbia Phillips of Walton
Pickard Pickett
Ramsey Raulerson Ray Rodgers of Charlton
Eoss Roughton Russell Rutland Scoggin
Short
Singer Sivell
Smith of Forsyth Smith of Emanuel Smith of Lamar Smith of Fulton Smith of Whitfield Souter
Stephens Story
Summers Tabb Tamplin Tarpley
Taylor Todd Truelove Twitty Underwood Veal Walker of Lowndes Walker of Telfair Watson Weems Wells White Willis Wilson Winkle Wooten Wrig-ht of Dodge Yandle Young
Mr. Black of Webster, Chairman of the committee on Auditing, Enrolling & Engrossing, 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.
2. First reading and reference of House Bills and Resolutions.
3. Reports of standing committees.
4. Second reading of Bills and Resolutions.
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 828. By Mr. Busbee of Dougherty:
A Bill to be entitled an Act to amend an Act relating to the issuance of warrants and requirement of bonds to keep the peace, so as to require
WEDNESDAY, JANUARY 29, 1958
265
advance costs to be paid by any person requesting the issuance of a warrant; and for other purposes.
Referred to the Committee on Judiciary.
HB 829. By Messrs. Payton of Coweta, Kimmons of Pierce, Orr of Wilkes and Rogers of Heard:
A bill to be entitled an Act to amend an Act defining and regulating the business of representing insurers other than those transacting life, health, accident, hospital, medical service and title insurance and bail bonding by individual sureties, and for other purposes.
Referred to the Committee on Insurance.
HB 830. By Messrs. Pickard, Nilan, and Young of Muscogee.
A Bill to be entitled an Act establishing a metropolitan planning district for the City of Columbus and Muscogee County; and for other purposes.
Referred to the Committee on Local Affairs.
HB 831. By Mr. Barrett of Cherokee:
A Bill to be entitled an Act to authorize and empower the governing authorities of certain counties to license amusement machines or devices, commonly known as "pin ball machines"; and for other purposes.
Referred to the Committee on Local Affairs.
HB 832. By Messrs. Pickard, Nilan and Young of Muscogee:
A Bill to be entitled an Act to amend an Act to provide that Muscogee County shall provide a permanent pension fund for present and future employees, and for other purposes.
Referred to the Committee on Local Affairs.
HB 833. By Mr. Key of Jasper:
A Bill to be entitled an Act to amend an Act creating the office of Judge of the Superior Courts, Emeritus relating to temporary service, and for other purposes.
Referred to the Committee on Judiciary.
HB 834. By Messrs. Gunter and Overby of Hall:
A Bill to be entitled an Act to amend the Charter of the City of Gainesville, so as to add two Commissioners, and for other purposes.
Referred to the Committee on Local Affairs.
HB 835. By Messrs. Orr of Wilkes, Ross of Lincoln, Lokey of McDuffie and Todd of Glascock:
A Bill to be entitled an Act to amend an Act creating the office of Judge of the Superior Courts Emeritus, so as to provide that such
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JOURNAL OP THE HOUSE,
judges emeritus shall be authorized to serve in the superior courts as may be provided by law, and for other purposes.
Referred to the Committee on Judiciary.
HB 836. By Mr. Budd of Lowndes:
A Bill to be entitled an Act to provide for a State Board of Registration of Used Car Dealers; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 837. By Messrs. Orr of Wilkes, Ross of Lincoln, Lokey of McDuffie and Todd of Glascock:
A Bill to be entitled an Act to amend an Act relative to judges pro hac vice of Superior and City Courts, relating to the appointment of a Judge by the Clerk, so as to provide for service and appointment of judges of the Superior Courts emeritus, and for other purposes.
Referred to the Committee on Judiciary.
HB 838. By Mr. Kidd of Baldwin:
A Bill to be entitled an Act to create a State Claims Board; to provide for the composition, jurisdiction, powers and compensation of the pay ment of claims, and for other purposes.
Referred to the Committee on State of Republic.
HR 349-838a. By Messrs. Mackay, McWhorter and Rutland of DeKalb, Barber of Jackson, Matthews of Clarke, Broome of Bacon and many others:
A Resolution to request the Institute of Law and Government of the School of Law of the University of Georgia to study the fact-finding and other staff services of the Legislature of other states and to report the results of its study to the members of the 1959 General Assembly, and for other purposes.
Referred to the Committee on University of Georgia.
HR 350-838b. By Mr. Cocke of Terrell:
A Resolution to compensate Mr. John Green, and for other purposes.
Referred to the Committee on Appropriations.
HR 351-838c. By Messrs. Kidd and Griffith of Baldwin:
A Resolution proposing an amendment to the Constitution so as to authorize Baldwin 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 promoting industries in said County, and for other purposes.
Referred to the Committee on Local Affairs.
HR 352-838d. By Mr. Hurst of Quitman:
A Resolution to compensate D. D. Whitman, and for other purposes.
Referred to the Committee on Appropriations.
WEDNESDAY, JANUARY 29, 1958
267
HR 353-838e. By Mr. Barrett of Cherokee:
A Resolution compensating Dr. Jack W. Jones of Canton, Georgia, and for other purposes.
Referred to the Committee on Appropriations.
HB 839. By Messrs. Ray of Warren and Jones of Lumpkin:
A Bill to be entitled an Act to amend an Act creating a Department of Public Safety, so as to change the provision relating to operation of motor vehicles by persons holding learners' licenses; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 840. By Mr. Ray of Warren:
A Bill to be entitled an Act to amend an Act known as the "Georgia Economic Poisons Act", so as to authorize the Commissioner of Agricul ture to require research data in the registration of an economic poison; and for other purposes.
Referred to the Committee on Agriculture.
HB 841. By Messrs. M. M. Smith, McClelland and Brooks of Fulton:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Atlanta, relating to streets, etc., and for other purposes.
Referred to the Committee on Local Affairs.
HB 842. By Messrs. Phillips of Columbia and McCracken of Jefferson:
A Bill to be entitled an Act to provide for the enrichment of flour, bread, corn meal and hominy grits; and for other purposes.
Referred to the Committee on Agriculture.
HB 843. By Mr. Bolton of Spalding:
A Bill to be entitled an Act to amend an Act entitled "Accident, Liability and Casualty Insurance so as to provide that no policy of personal injury liability insurance covering liability arising from the ownership, use or maintenance of any motor vehicle shall be issued or delivered by any insurer licensed in this State upon any motor vehicle then principally garaged or registered in this State unless it shall provide for the insured coverage, within the limits of not less than ten thousand dollars, etc., and for other purposes.
Referred to the Committee on Insurance.
HB 844. By Messrs. Reed and Willingham of Cobb, Bagby of Paulding, Campbell of Walker, Nilan of Muscogee, Overby of Hall and others:
A Bill to be entitled an Act to provide for a State Tort Claims Act; to provide for suits against the State of Georgia, and for other purposes.
Referred to the Committee on Judiciary.
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JOURNAL OF THE HOUSE,
HB 845. By Mr. Smith of Emanuel:
A Bill to be entitled an Act to amend an Act incorporating the City of Swainsboro; so as to increase the corporate limits, and for other purposes.
Referred to the Committee on Local Affairs.
HB 846. By Mr. Short of Colquitt:
A Bill to be enttiled an Act to amend an Act relating to the guardian acting as administrator of the estate of his ward, and for other purposes.
Referred to the Committee on Judiciary.
HB 847. By Messrs. Holcombe and Willingham of Cobb, Kidd of Baldwin, Rogers of Heard, Reed of Cobb, Barber of Jackson, Brooks of Pulton, Bagby of Paulding, Barrett of Cherokee, Niehols of Towns and many others:
A Bill to be entitled an Act to amend an Act pertaining to taxes on the distribution of motor fuel and/or kerosene, so as to provide for a refund of taxes paid on motor fuels used by municipalities of this State; and for other purposes.
Referred to the Committee on Ways and Means.
HR 354-847a. By Messrs. Short and Newton of Colquitt:
A Resolution proposing an amendment to the Constitution to authorize the Board of Commissioners of Roads and Revenues of Colquitt County to assess and collect license fees and occupational taxes upon businesses in Colquitt County outside the incorporated limits of municipalities and to regulate same, and for other purposes.
Referred to the Committee on Local Affairs.
HR 355-847b. By Mr. McClelland of Fulton:
A Resolution compensating James S. Bonner, Sr., Administrator of the Estate of James S. Bonner, Jr., and for other purposes.
Referred to the Committee on Appripriations.
HR 356-847c. By Mr. McClelland of Fulton: A Resolution compensating 1st Lieutenant Charles H. Cox, Jr., and for other purposes.
Referred to the Committee on Appropriations.
HB 848. By Messrs. Story and Moss of Gwinnett: A Bill to be entitled an Act to incorporate the City of Duluth; to provide a municipal government therefor, and for other purposes.
Referred to the Committee on Local Affairs.
HB 849. By Mr. White of Mclntosh: A Bill to be entitled an Act to change from the fee to the salary system
WEDNESDAY, JANUARY 29, 1958
269
of compensating the offices of Clark of the Superior Court, Sheriff, Ordinary and Tax Commissioner in counties having a population of not less than 6,008 nor more than 6,075, and for other purposes.
Referred to the Committee on Local Affairs.
By unanimous consent, the following committee reports were submitted and read:
Mr. Ployd of Chattooga County, Chairman of the Committee on Defense and Veterans Affairs, submitted the following report:
Mr. Speaker:
Your Committee on Defense and Veterans Affairs 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 792. Do Pass.
HB 793. Do Pass.
HB 794. Do Pass.
Respectfully submitted,
Floyd of Chattooga,
Chairman.
Mr. Pickard of Muscogee County, Chairman of the Committee on Industry, submitted the following report:
Mr. Speaker:
Your Committee on Industry 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 640. Do Pass.
Respectfully submitted,
Pickard of Muscogee, Chairman.
By Yandle of Toombs, Sec.
Mr. Overby of Hall 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 288. Do Pass.
Respectfully submitted,
Overby of Hall,
Chairman.
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JOURNAL OF THE HOUSE,
Mr. Duncan of Carroll County, Chairman of the Committee on University of Georgia System, submitted the following report:
Mr. Speaker:
Your Community on University of Georgia, has had under consideration the following Bill and Resolution of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 686. Do Pass.
HR 268-687a. Do Pass.
Respectfully submitted,
Duncan of Carroll,
Chairman.
By unanimous consent, the following Bills and Resolutions of the House were read the second time:
HB 807. By Mr. Killian of Glynn:
A Bill to be entitled an Act to place the Sheriffs of the State on a salary system in lieu of a fee system, and for other purposes.
HB 808. By Mr. Long of Murray:
A Bill to be entitled an Act to abolish Ross Avenue, and that portion of Walnut Street that lies west of the East line of M. D. Terry property, in Sanders Heights, Murray County, Georgia records; and for other purposes.
HB 809. By Mr. Odom of Camden:
A Bill to be entitled an Act to abolish the fee system for compensating county officers in this State; and for other purposes.
HB 810. By Mr. Gross of Dade:
A Bill to be entitled an Act to create the Dade County Water Authority, and for other purposes.
HB 811. By Messrs. Morris of Tift and Jones of Worth:
A Bill to be entitled an Act to amend an Act regulating trade practices in the business of insurance, and for other purposes.
HB 812. By Messrs. Barrett of Cherokee, Cagle of Pickens, Harper of Gilmer and Smith of Porsyth:
A Bill to be entitled an Act to amend an Act establishing a salary for the Solicitor General of the Blue Ridge Judicial Circuit, and for other purposes.
HB 813. By Mr. Jones of Worth:
A Bill to be entitled an Act to provide that no lender of money to be
WEDNESDAY, JANUARY 29, 1958
271
used by the borrower for the purchase of property and no vendor of property as a condition precedent to the making of such loan or selling of property shall require that the borrower or purchaser secure hazard insurance or liability insurance from any particular agent, underwriter or insurer, and no such lender or vendor shall execute or take any con tract whereby such borrower or purchaser relinquishes the right to select the agent or insurer for any such insurance; and for other purposes.
HB 814. By Mr. Moorman of Lanier:
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 Lanier, and for other purposes.
HB 815. By Mr. Harrison of Franklin:
A Billl to be entitled an Act to amend an Act incorporating the City of Lavonia, and for other purposes.
HB 816. By Mr. Frazier of Jeff Davis:
A Bill to be entitled an Act to create a Board of Commissioners of Roads and Revenues of Jeff Davis County, and for other purposes.
HB 817. By Mr. Henderson of Irwin:
A Bill to be entitled an Act to repeal an Act amending an Act creating the Board of Commissioners of Roads and Revenues of Irwin County, and for other purposes.
HB 818. By Messrs. Rowland of Johnson, Petty of Pulaski and Bagby of Paulding:
A Bill to be entitled an Act to amend an Act creating the office of Director Emeritus of the State Board of Workmen's Compensation, and for other purposes.
HB 819. By Messrs. Holcombe, Reed and Willingham of Cobb:
A Bill to be entitled an Act to amend an Act to create a new charter for the City of Marietta, so as to change the corporate limits of said City, and for other purposes.
HB 820. By Mr. McKenna of Bibb:
A Bill to be entitled an Act to amend an Act establishing the State Employees' Retirement System, so as to authorize certain employees to transfer service credits from the Teachers' Retirement System to the Employees; Retirement System, and for other purposes.
HB 821. By Mr. Odom of Camden:
A Bill to be entitled an Act to amend an Act relating to the Game and Fish Commission and to game and fish; so as to fix the hours of com mercial fishing in certain hours during open seasons in certain counties, and for other purposes.
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JOURNAL OF THE HOUSE,
HB 822. By Messrs. Caldwell and Echols of Upson:
A Bill to be entitled an Act to amend an Act relating to the qualifica tions of the County Superintendent of Schools, and for other purposes.
HB 823. By Mr. Caldwell of Upson:
3
A Bill to be entitled an Act to provide for the maintenance of standards of sanitation for food service establishments; and for other purposes.
HB 824. By Messrs. Carswell of Burke, Barber of Jackson, Lanier of Candler, Orr of Wilkes, Hawkins of Screven, Mobley of Burke and Johnson of Jenkins:
A Bill to be entitled an Act to amend an Act relating to the taxation of intangible property, so as to exempt from taxation long term notes secured by real estate held by Production Credit Associations, and for other purposes.
HB 825. By Messrs. Carswell of Burke, Hawkins of Screven, Key of Jasper, Mobley of Burke and Johnson of Jenkins:
A Bill to be entitled an Act to amend an Act relating to the wife's separate estate, so as to strike the provisions prohibiting a wife from binding her separate estate by a contract of suretyship or any assump tion of the debts of her husband; and for other purposes.
HB 826. By Mr. Tamplin of Morgan:
A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Roads and Revenues for Morgan County, and for other purposes.
HB 827. By Mr. Roughton of Washington:
A Bill to be entitled an Act to amend an Act creating the City Court of Sandersville, so as to change the provisions relative to costs of court in certain cases; and for other purposes.
HR 343-827a. By Messrs. Twitty and Palmer of Mitchell: A Resolution to compensate James H. Edwards, and for other purposes.
HR 344-827b. By Messrs. Morris and Bodenhamer of Tift:
A Resolution compensating Grady Emmitt Burgess of Tifton, Georgia, and for other purposes.
HR 345-827c. By Messrs. McKenna and Wilson of Bibb:
A Resolution to compensate Lovett White, as next friend of Sue Jean White, Betty Jo White, and Melody Ann Floyd; and for other purposes.
HR 346-827d. By Messrs. McKenna and Wilson of Bibb: A Resolution to compensate W. J. Wilkerson, and for other purposes.
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273
HR 347-827e. By Mr. Jones of Lumpkin:
A Resolution authorizing the Governor to provide funds for school purposes in hardship cases in Lumpkin County, and for other purposes.
HR 348-827f. By Messrs. Gowen and Killian of Glynn: A Resolution to request the State Toll Bridge Authority to provide annual rates of toll on Sidney Lanier Bridge in order to aid the develop ment of Jekyll Island, and for other purposes.
By unanimous consent, the following Resolution of the House, favorably reported, was read the second time:
HR 288. By Messrs. Cocke of Terrell, Denmark of Liberty, Cloud of Decatur and Caldwell of Upson: A Resolution relating to inspection of the coastal facilities of the Game and Fish Commission; and for other purposes.
By unanimous consent, the following Bills of the House were taken up for consideration and read the third time:
HB 699. By Messrs. McClelland, Smith, and Brooks of Fulton: A Bill to be entitled an Act to amend the Code of Georgia of 1933, per taining to the attendance of witnesses and the fees therefor in certain counties having a certain population; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 145, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 795. By Messrs. Coalson and Pickett of Polk: A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Roads and Revenues in and for the County of Polk; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the bill, the ayes were 145, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 796. By Messrs. Coalson and Pickett of Polk:
A Bill to be entitled an Act to amend an Act creating and establishing a Board of Commissioners of Roads and Revenues for Polk County and for other purposes.
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JOURNAL OF THE HOUSE,
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the bill, the ayes were 145, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 798. By Mr. Watson of Houston:
A Bill to be entitled an Act to create and incorporate a new municipality in Houston County, to be known as Centerville; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 145, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 802. By Messrs. Parker of Ware, Larkins of Brantley, Rodgers of Charlton, Fellows of Coffee, and Broome of Bacon:
A Bill to be entitled an Act to amend an Act abolishing the fee system existing in the Superior Courts of the Waycross Judicial Circuit; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, Was agreed to.
On the passage of the Bill, the ayes were 145, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 804. By Mr. Huddleston of Fayette:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Fayetteville; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, Was agreed to.
On the passage of the Bill, the ayes were 145, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 806. By Mr. Huddleston of Fayette:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Fayetteville; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
WEDNESDAY, JANUARY 29, 1958
275
On the passage of the Bill, the ayes were 145, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
By unanimous consent, the following Bills and Resolutions of the Senate were read the first time and referred to the Committees:
SR 110. By Senators Stafford of the 47th, Williams of the 49th and Cook of the 42nd:
A Resolution to create a Committee to investigate the pay of teachers in the public schools of Georgia, and for other purposes.
Referred to the Committee on Education.
SR 111. By Senator Brown of the 52nd:
A Resolution providing for the appointment of a committee to study primary and general elections for municipal officers in certain munici palities; and for other purposes.
Referred to the Committee on State of Republic.
SB 220. By Senator McGarity of the 35th:
A Bill to be entitled an Act to change the compensation of the Sheriff, the Clerk of the Superior Court and the Ordinary of Henry County from the fee system to the salary system; and for other purposes.
Referred to the Committee on Local Affairs.
SB 223. By Senator Brown of the 52nd:
A Bill to be entitled an Act to amend an Act regulating primary elec tions in all municipalities having a population of 200,000 or more; and for other purposes.
Referred to the Committee on Local Affairs.
The following Resolution of the House was read and referred to the Committee on State of Republic:
HR 358. By Messrs. Murphy of Haralson, Freeman of Monroe, Roughton of Washington, and Morgan of Clinch:
A Resolution relating to Juvenile Courts and Committee Report.
TO THE HONORABLE MARVIN MOATE, SPEAKER OF THE HOUSE OF REPRESENTATIVES, STATE OF GEORGIA:
Mr. Speaker:
Your Committee to Study the feasibility of Establishing a State wide Juvenile Court, a Statewide System of Juvenile Detention Homes
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and a Statewide Juvenile Probation System, authorized by House Reso lution No. 187-573a, files this its report to you and the General Assembly.
The Committee has made a very comprehensive and thorough in vestigation of the Juvenile Court System of Georgia, the Juvenile Court Act, and the Juvenile Court Systems of other states comparable to Georgia. The Committee has made trips to several states and cities, particularly Connecticut, Pennsylvania, The District of Columbia, and Florida. The matter of these states will be discussed later in the report.
The Committee has held public and private hearings (where re quested), met with the Juvenile Court Judges and their representatives, met with the Superior Court Judges and their special committee, met with authorities operating detention homes for juveniles in the State of Georgia, has inspected the detention homes existing in the State, and has discussed with the authorities the proposed homes which have been authorized by bond issue in DeKalb and Richmond Counties.
The Committee has found that the Juvenile Courts are doing a good job, but that they do not have the proper or full jurisdiction that they should have in such matters as adequately handling juveniles in order to completely rehabilitate and make them again useful, intelligent members of society. This statement is not aimed at the Juvenile Courts, for it is the opinion of the Committee that the judges are doing very conscientious work and handling a tedious job, but because they have inadequate facilities and lack of authority they are unable to do what might be termed a "package job" to correct the cause of delinquency. To be more specific, the Juvenile Courts control the child, but in the case of a broken home because of death, divorce or just simple separa tion, the Juvenile Court Judge is absolutely in a hopeless position insofar as having any jurisdiction over the parents, guardians, or custodians of the children. He may punish the child, and even though in many in stances the child is not to blame, he has no authority to reach the person who might aid the child along a normal path of life To give as an example without going into detail, we have the problem of support of the children and custody of the children. In some instances the money is not being spent on the children and they are being neglected, and the party or parties contributing to children have no control over use of the money when it should be being spent for proper food, proper medical and dental care and proper housing. We do not mean that they should have better housing and medical care than their parents could have provided had they stayed together. We only mean that they should have things that they were accustomed to under their parents' income when they were together. In many instances the person that has custody of the child is spending the money for personal use and completely abandoning the child, and while the custodian goes practically free, the child is then classed as a delinquent or a neglect child. We think that this is a problem that needs more study and should be dealt with by a future committee. That is, the Committ.ee feels that a family court plan should be studied along with the committee the House, the Senate, the Georgia Bar Association and the Superior Court Judges of Georgia.
The Committee in its study finds that the Juvenile Courts are handling two classifications of cases which are turned over to them or brought into their Court by officers of the said Court. These two classifications are (1) Children who are juvenile delinquents; and (2) the other which are neglected children who are forced onto the Court, but should not by any means be classified as a delinquent by anyone.
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277
This is not in criticism of the Courts but is to make it clear to the members of this Body that it is deemed advisable to take action to classify the two classes that are brought into the juvenile courts through
out the State.
There is another problem that was brought to the attention of the Committee, and that is minor traffic offenders being brought into Court and termed as juvenile delinquents for such offenses as minor speeding, failure to make the right turn, running a stop sign, or running a stop light. We do not mean such offenses as drunken driving by juveniles or excess rates of speed or speeding throughout cities or counties. These people are most certainly delinquent, but it is very severe to class juveniles as delinquents when they do something that would bring only a reasonable fine for an adult.
We will now deal with the matter of detention homes for the State of Georgia. It is the unanimous opinion of this Committee that Georgia must take some immediate steps for the construction of the minimum requirement of detention homes to be placed in areas of our State where there are no facilities available for the placement and detention of juveniles. There are certain counties that already have facilities, namely Chatham, Fulton, Cobb, Muscogee and Bibb counties, and bond issues have been authorized for homes to be built in Richmond and DeKalb counties.
The Committee finds that there are no other places available for the detention of children and to confine children for detention other than in our county and city jails. Without question no child should be placed in a jail, where there are hardened criminals, dope addicts, prosti tutes, and degenerates. This certainly would affect any child who came into contact with such people as named above or other persons of this general type. This matter has been of great concern to every jailer, sheriff, and chief of police who has to handle children. The Committee might say that if a child is a very confirmed juvenile delinquent, these people would just aid to educate him further on the road to crime. When juveniles who have never been in trouble are exposed to people of such nature as outlined above, it would certainly be a detriment to their future development, not to speak of the conditions and propositions such children would be exposed to when thrown together in jails with such a criminal element. Without exception, all authorities who have to house and control juveniles consider the placement of juveniles with people such as above to be the biggest problem concerned with juvenile delinquency.
It is in the furtherance of their criminal activity that the average jail that was built in Georgia does not have separate facilities other than for men and women, and the cost of each county building a deten tion home or adding to the jail to separate the children from the adult prisoners would not be feasible for two reasons, which are: (1) the aver age county would not have a large number of delinquent children to be placed in custody; and (2) With the large population of young children requiring school facilities, practically every county in Georgia has ex hausted its bond money for school purchases and with the future enroll ment going up there is an even more severe problem of the school angle facing them today.
The Committee recommends that we stablish the minimum require ment of detention homes in areas that are not being served and that
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the location of such homes be based on (1) geographical accessibility; (2) medical and health facilities to be available to children, not only plain medical attention, but psychological and psychiatric examinations available for the mentally disturbed juvenile delinquent, and that where it is possible to take advantage of medical health centers, state institu tions, and places were psychological and psychiatric work is being done and is available.
Part II
The Committee has made a very thorough and investigation of the probation system of juveniles, and after a long and intensive con ference with the Superior Court Judges Committee of the Superior Court Judges Association, the Committee finds that the Judges of the Superior Court, who by virtue of their office are well-qualified judicial officers, are called on to act as juvenile judges by law of Georgia where there is no juvenile court in their judicial circuit. The average case of a juvenile delinquent that comes before a Superior Court Judge of Georgia is when the child is brought before the Judge with the officer or complaining parties, and the complaining parties make their statement relative to the case and the crime committed by the child. There is no pre-investigation of the crime; there is no pre-investigation of the child's background, as to his home life, mental condition, or the causes of the child becoming delinquent. You might say the judge has to more or less try them "by ear". Then the judge is faced with the problem of making a judicial decision which in most cases will affect the future of the child without having the advantage of all the facts and circumstances laid before the judge. Not only is this unfair to the child, but it is placing on the Superior Court Judges of this State a burden that is causing the Judges more concern and anxiety, for no person however capable is desirous of being on a case of a child without having a complete and comprehensive report of all phases of such a case.
The Committee recommends that juvenile probation officers be created or that additional members be added to our present adult proba tion staff so that such additional officers can handle adults and juveniles. Due to the excellent work of the adult probation board, the Committee recommends that these details be worked out by their supervisor, Honor able Hugh Carney, Chairman of the State Board of Pardons and Paroles. That such probation officers be selected with the recommendation of the Superior Court Judges or that the judges be given the privilege of re jecting anyone appointed as a probation officer who is not suitable, in the judge's opinion.
The Committee recommends that the detention homes be staffed with a minimum of people so as to conform with the economy of this State. We recommend that preferably a mature man and his wife be in each home and that a mature colored woman serve in a dual capacity as matron for the colored children and as a cook. We recommend that the State erect a minimum of five (5) such homes to be located in areas that would be to the best interests of the State; that such persons in the home be selected or appointed by the judges who have jurisdiction over the juveniles in the county in which the homes will be placed.
The Committee at this time wants to express their deep appreciation to the Honorable Hugh Carney, Chairman of the State Board of Par dons and Paroles, for his unselfish intelligence and foresight which he has shown in the study of this problem and the aid and assistance at
WEDNESDAY, JANUARY 29, 1958
279
all times that he has given to this Committee, for this work on the part of Mr. Carney has been over and beyond the call of duty. We also would like to compliment him on his deep concern for the handling of juveniles in the State of Georgia.
Under the regular order of business, the following Bills of the House were taken up for consideration and read the third time:
HB 54. By Mr. Bodenhamer 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.
The following amendments were read and adopted:
Messrs. Blalock and Payton of Coweta offers to amend the title and Section 1 thereof as follows:
By striking the words twenty-one therefrom and inserting in lieu thereof the word Eighteen.
By adding at the end of Section one the words "for consumption on the premises."
Mr. Freeman of Monroe moves to amend HB 54 as follows:
By adding at end of Section 1 the following:
Provided nothing herein shall apply to the sale apply to the sale of beer in places where beer is not consumed on the premises.
Mr. Echols of Upson moved that HB 54 be tabled.
On the motion to table, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Echols Kelley Kimmons Perkins
Pickard Pickett Rodg-ers of Charlton Russell
Wooten Young
Those voting in the negative were Messrs:
Adams Bagby Ballard Barber Barrett Baughman Black Blalock of Coweta Blalock of Clayton
Bodenhamer Boggs Bolton Bradley Brennan Brooks of Pulton Broome Budd Callier
Carlisle Carr Carswell Carter Chastain Cheatham Cheek Cloud Cowart
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Craven Crummey Denmark Dorminy Duncan Elder Ellis Eyler Fellows Floyd Flyn Fordham Fowler of Douglas
Frazier Freeman
Fuqua Green of Rabun Greene of Bartow
Grimsley Gross of Stephens
Gunter Hall of Floyd Hardaway Harrison Hawkins Henderson Hendrix Hill Hodges of Ware Hodges of Butts
Holcombe Holley Huddleston
Ingle Irvin Jessup Jones of Wayne Jones of Lumpkin
Jones of Laurens Jones of Suniter Jones of Crawford Lancaster Land Lanier Larkins Lee Lokey Long Lott Love Mann Miles Miller of Twiggs Miller of Elbert Mobley Moorman Moss Murphy Murr McClelland McGibony McKenna McWhorter Neese Newton Nichols Nilan Odom Orr Overby Palmer Parker of Pike Parker of Ware Parker of Appling Payton Pelham
Perry Peters Phillips of Columbia Ramsey Raulerson Ray Roberts Rogers of Heard Ross Roughton Rowland Rutland Scoggin Short Sivell Smith of Forsyth Smith of Fulton Smith of Whitfield Souter Story Summers Tabb Tamplin Taylor Todd Truelove Twitty Underwood Veal Walker of Lowndes Wells White Willis Wilson Winkle Yandle
On the motion to table, the ayes were 10, nays 140.
The motion to table 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, as amended.
On the passage of the Bill, as amended the roll call was ordered and the vote was as follows:
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281
Those voting in the affirmative were Messrs.:
Adams Bagby Ballard Barber Barrett Baughman Birdsong Black Blalock of Coweta Blalock of Clayton Bodenhamer Bolton Bradley Brennan Brooks of Oglethorpe Brooks of Pulton
Broome Budd Cagle Busbee Callier A. Campbell of
Walker W. Campbell of
Walker Carlisle Carr Carswell Carter Chastain Cheatham Cheek Cloud Coalson Cowart Craven Crummey Denmark Dorminy Duncan Elder Ellis Eyler Fellows Floyd Flynt Fordham Fowler of Douglas Fowler of Treutlen
Frazier Freeman Fuqua Green of Rabun Greene of Bartow
Grimsley Gross of Stephens Gross of Dade Gunter Hall of Lee Hall of Floyd Hardaway Harper Harrison Hawkins Hendrix Hill Hodges of Ware Hodges of Butts Hogan Holcombe Holley Hurst Ingle Irvin Jessup Johnson Jones of Wayne Jones of Lumpkin Jones of Baker Jones of Laurens Jones of Sumter Jones of Crawford Kelley Key Kidd King Lam Lancaster Land Lanier Larkins Lee Lindsey Lokey Long Lott Mann Matthews Miles Mobley Moorman Morris Moss Mull Murphy Murr McClelland McCracken
McGibony McKenna McWhorter Neese Newton Nichols Nilan Orr Overby Palmer Parker of Pike Parker of Ware Parker of Appling Payton Pelham Perkins Perry Peters Phillips of Columbia Pickard Pickett Ramsey Raulerson Ray Roberts Rodgers of Charlton Rogers of Heard Ross Roughton Russell Rutland Scoggin Short Sivell Smith of Forsyth Smith of Emanuel Smith of Lamar Smith of Fulton Smith of Whitfield Souter Stephens Story Summers Tabb Tamplin Taylor Todd Truelove Twitty Underwood Veal
Walker of Lowndes Watson Wells
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White Willis Wilson
Winkle Wooten Wright of Dodge
Wright of Floyd Yandle Young
On the passage of the Bill as amended, the ayes were 171, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
HB 91. By Mr. Twitty of Mitchell:
A Bill to be entitled an Act pertaining to actions of false arrest and false imprisonment and providing defenses thereto under certain circum stances where arrest or detention occurs in mercantile establishments and where plaintiff in such action has conducted himself in such manner as to bring about such arrest or detention; and for other purposes.
The following amendment was read and adopted:
The committee on Judiciary moves to amend HB 91 as follows:
By striking the words "suspected of" in the fourth (4th) line of Section 1 and by inserting in lieu thereof, the following words: "reason ably thought to be engaged in".
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 call was ordered and the vote was as follows:
Adams Bagby Ballard Barber Baughman Black Blalock of Coweta Blalock of Clayton Bodenhamer Boggs Bolton Brackin Bradley Brennan Brooks of Oglethorpe Brooks of Fulton Broome Budd Busbee
Cagle Callier Carlisle Carswell Carter Chastain Cheatham Cloud Coalson Cowart Craven Crummey Denmark Dorminy Echols Elder Ellis Eyler Fellows
Flynt Fowler of Douglas Fowler of Treutlen Frazier Fuqua Green of Rabun Grimsley Gross of Stephens Gross of Dade Hall of Lee Hall of Floyd Hardaway Harper Harrison Hawkins Hill Hodges of Ware Hogan Holcombe
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283
Holley Holloway Hurst Ingle Jessup Johnson Jones of Wayne Jones of Lumpkin Jones of Laurens Jones of Crawford Kelley Key Kidd Killian Lam Lancaster Land Lanier Larkins
Lee Lindsey Lokey Long Lott Matthews Miles Miller of Twiggs Miller of Elbert
Mobley
Moorman Moss Mull
Murphy Musgrove McClelland McGibony McKenna McWhorter Neese Newton Nilan Odom Orr Palmer Parker of Ware Parker of Appling Pelham Perkins Perry Peters Phillips of Columbia Pickard Pickett Raulerson Ray Roberts Rogers of Heard Roughton
Russell Scoggin Sivell Smith of Forsyth Smith of Emanuel Smith of Lamar Smith of Fulton Smith of Whitfield Souter Stephens Story Summers Tabb Tamplin Taylor Twitty Underwood Veal Walker of Lowndes Wells White Willis Wilson Wooten Wright of Dodge Yandle Young
On the passage of the Bill, as amended, the ayes were 145, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
HB 787. By Mr. McClelland of Fulton:
A Bill to be entitled an Act to amend Code Section 26-6502 relating to the criminal offense of carrying on lottery so as to provide that the participating in, playing or betting on a lottery shall be a misdemeanor; 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:
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JOURNAL OP THE HOUSE,
Those voting in the affirmative were Messrs.:
Adams Barber Barrett Birdsong Blalock of Coweta Blalock of Clayton Bodenhamer Bolton Brackin Brennan Brooks of Fulton Broome
Cagle Caldwell Callier Carlisle Carswell
Carter Cheatham Cheek Coalson Cowart Craven Crummey Denmark Dorminy Echols Ellis Eyler Fellows Flynt Fowler of Douglas Fowler of Treutlen Green of Rabun Greene of Bartow
Gunter Hardaway Harper
Harrison Henderson Hill Hodges of Butts Hogan Holcombe Ingle Irvin Johnson Jones of Wayne Jones of Lumpkin Jones of Baker Jones of Laurens Jones of Crawford Kelley Key Killian Lam Lancaster Land Lee Lokey Long Miller of Twiggs Miller of Elbert Mobley Moorman Moss Mull Murr Musgrove McClelland McCracken McGibony McKenna Newton Odom Orr
Parker of Appling Payton Pelham Perry Pickett Raulerson Ray Roberts Rogers of Heard Ross Roughton Rowland Rutland Short Sivell Smith of Forsyth Smith of Emanuel Smith of Lamar Smith of Fulton Stephens Story Tabb Taylor Truelove Twitty Underwood Veal Watson Wells White Wilson Wooten Wright of Dodge Yandle Mr. Speaker
(Moate)
Those voting in the negative were Messrs.:
Bagby Ballard Baughman
Black Boggs Chastain
Fuqua Grimsley Gross
Hall of Lee Hodges of Ware Holley Hurst King Larkins Lott Matthews Murphy
McWhorter Neese Parker of Appling Perkins Ramsey Russell Scoggin Souter Tamplin
On the passage of the Bill, the ayes were 113, nays 27.
The Bill, having received the requisite constitutional majority, was passed.
WEDNESDAY, JANUARY 29, 1958
285
HB 308. By Messrs. Jones of Lumpkin, Ray of Warren, Adams of Evans and Underwood of Montgomery:
A Bill to be entitled an Act to amend an Act imposing a motor fuel tax upon commercial vehicles using Georgia Highways while using motor fuel purchased in other 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 passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Thoee voting in the affirmative were Messrs.:
Adams Bagby Ballard Barber Barrett Baughman Birdsong Black Blalock of Clayton Boggs Bolton Brackin Bradley Brooks of Oglethorpe Brooks of Fulton Broome Budd Cagle Caldwell Callier Carlisle Carr Carswell Carter Cheatham Cheek Coalson Cocke Cowart Craven Crummey Dorminy Duncan Echols Elder Ellis
Eyler Plynt Fordham Fowler of Douglas Fowler of Treutlen Frazier Freeman Fuqua Greene of Bartow Grimsley Gross of Stephens Gunter Hall of Lee Hall of Floyd Kardaway
Harper Harrison Hawkins Henderson Hill Hodges of Butts Hogan Holcombe Holley Ingle Irvin Johnson Jones of Wayne Jones of Worth Jones of Lumpkin Jones of Laurens Jones of Sumter Jones of Crawford Kelley
Key Kidd
Killian Lam Lancaster Land Lanier Lee Lindsey Lokey Long Matthews Miller of Twiggs Miller of Elbert Mobley Moorman Moss Mull Murphy Musgrove McClelland McCracken McGibony McKenna McWhorter Newton Nichols Nilan Odom Orr Palmer Parker of Pike Parker of Ware Parker of Appling Payton Pelham Perry Peters
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JOURNAL OF THE HOUSE,
Phillips of Columbia Pickard Pickett Ramsey Ray Rogers of Heard Roughton Rowland Russell Rutland Scoggin Short
Sivell Smith of Forsyth Smith of Emanuel Smith of Lamar Smith of Fulton Souter Story Summers Tamplin Taylor Todd Truelove
Twitty Underwood Veal Walker of Lowndes Watson Wells Wilson Wooten Wright of Dodge Wright of Floyd Yandle Young
Those voting in the negative were Messrs.:
Denmark Hurst
Jones of Baker Neese
Tabb White
On the passage of the Bill, the ayes were 145, nays 6.
The Bill, having received the requisite constitutional majority, was passed.
HB 762. By Messrs. Brooks and McClelland of Fulton:
A Bill to be entitled an Act to amend the Code of Georgia of 1933, so as to provide if the last day for the exercise of any privilege or the discharge of any duty falls on Saturday or Sunday, the person affected shall have through the following Monday to exercise such privilege or discharge such duty; 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.:
Adams Ballard Barber Barrett Baughman Birdsong Black Blalock of Coweta Blalock of Clayton Boggs Bolton Brackin
Bradley Brennan Brooks of Oglethorpe Brooks of Fulton Broome Budd Busbee Cagle Caidwell Carlisle Carr Carswell
Carter Chastain Cheatham Cheek Coalson Cowart Crummey Denmark Dorminy Duncan Echols Elder
WEDNESDAY, JANUARY 29, 1958
287
Ellis Eyler Flynt Fordham Fowler of Douglas Fowler of Treutlen Frazier Freeman Fuqua Greene of Bartow Grimsley Gross of Stephens Gunter Hall of Lee Hall of Floyd Hardaway Harper Harrison Hawkins Henderson Hodges of Butts Hogan Holley Hurst Ingle Irvin Johnson Jones of Wayne Jones of Worth Jones of Lumpkin Jones of Baker Jones of Laurens Jones of Crawford Keiley Key Kidd Killian
Lam Lancaster Lanier Lee Lokey Long Mann Matthews Miller of Twiggs Miller of Elbert Mobley Moorman Mull Murphy Musgrove McClelland McCracken McGibony McKenna Neese Newton Nichols Nilan Odom Orr Overby Palmer Parker of Ware Parker of Appling Payton Pelham Perkins Perry Peters Phillips of Columbia Pickett Ramsey
Raulerson Ray Rodgers of Charlton Rogers of Heard Roughton Rowland Russell Rutland Scoggin Short Sivell Smith of Forsyth Smith of Emanuel Smith of Lamar Smith of Fulton
Souter Summers Tabb Tamplin Taylor Todd Truelove Twitty Underwood Veal Walker of Lowndes
Watson Wells White Willis Wilson Wooten Wright of Floyd Yandle Young
On the passage of the Bill, the ayes were 146, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
Under the regular order of business, the following Bill of the House was again taken up for consideration:
HB 439. By Mr. McClelland of Fulton:
A Bill to be entitled an Act to amend the Code of Georgia, relating to vehicles which are exempt from the Motor Common Carriers Act; and for other purposes.
By unanimous consent, further consideration of HB 439 was postponed until Monday, February 3, 1958.
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JOURNAL OF THE HOUSE,
Under the regular order of business, the following Bill of the House was taken up for consideration and read the third time:
HB 769. By Messrs. Irvin of Habersham, Hall of Floyd, Lee of Clayton:
A Bill to be entitled an Act to provide for the execution of a bond by school principals conditioned upon the true accounting of all funds and property coming into such principals' custody, control, care or pos session; and for other purposes.
By unanimous consent, further consideration of HB 769 was postponed until Monday, February 3, 1958.
The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following Resolution of the Senate to wit:
SR 111. By Senator Brown of the 52nd:
A Resolution providing for the appointment of a committee to study primary and general elections for municipal officers in certain munici palities; 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 220. By Senator McGarity of the 35th:
A Bill to be entitled an Act to change the compensation of the Sheriff, the Clerk of the Superior Court and the Ordinary of Henry County from the fee system to the salary system; and for other purposes.
SB 223. By Senator Brown of the 52nd:
A Bill to be entitled an Act to amend an Act regulating Primary Elec tions in all municipalities in this State having a population of 200,000 or more according to the last or any future Federal Census; fix qualifi cation fees for candidates for nomination; and for other purposes.
HB 630. By Mr. Adams of Evans:
A Bill to be entitled an Act to amend an Act entitled "An Act to author ize proper authorities of Evans County to pay Fifty Dollars monthly to Ordinary; and for other purposes.
HB 631. By Mr. Hall of Lee: A Bill to be entitled an Act providing that Ordinary receive supple-
WEDNESDAY, JANUARY 29, 1958
289
mental compensation fixed by Board of Commissioners Roads and Revenues; and for other purposes.
HB 632. By Mr. Hall of Lee:
A Bill to be entitled an Act to amend an Act establishing a City Court of Leesburg, deleting therefrom requirement that Judge and Solicitor have stated number of years experience; and for other purposes.
HB 633. By Mr. Phillips of Walton:
A Bill to be entitled an Act to amend an Act creating Board of Com missioners of Roads and Revenues, changing compensation of Chairman and members of the Board of Commissioners; and for other purposes.
HB 634. By Messrs. Twitty and Palmer of Mitchell:
A Bill to be entitled an Act to amend an Act entitled "An Act to provide for County Board of Commissioners so as to change compensation paid Commissioners"; and for other purposes.
HB 635. By Messrs. Brennan, Cheatham and Eyler of Chatham:
A Bill to be entitled an Act to carry into effect an amendment to the Constitution relating to authority of Chatham County to construct side walks, etc., and levy assessments therefor; and for other purposes.
The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority, the following Bills and Resolutions of the Senate and House to wit:
HB 647. By Messrs. Kidd and Griffith of Baldwin:
A Bill to be entitled an Act to provide in certain counties that any political party holding primary for nomination of candidate for county office require that nominee receive majority vote; and for other pur poses.
HB 662. By Mr. Orr of Wilkes:
A Bill to be entitled an Act to grant new charter to City of Washington by reincorporating the same so that name of municipality shall be City of Washington; and for other purposes.
HB 664. By Mr. Sivell of Harris:
A Bill to be entitled an Act to amend an Act entitled "To incorporate the Town of Chipley", and for other purposes.
HB 666. By Mr. Harper of Gilmer: A Bill to be entitled an Act to amend an Act creating the office of
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JOURNAL OF THE HOUSE,
County Commissioner of Gilmer County and creating an Advisory Board of said county; and for other purposes.
HB 669. By Messrs. Cloud and Taylor of Decatur:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Bainbridge, authorizing said City to sell, lease, or dispose of property owned by the City; and for other purposes.
HB 672. By Messrs. Winkle and Smith of Whitfield:
A Bill to be entitled an Act to amend an Act consolidating, amending and codifying Acts incorporating City of Dalton, so as to change pro visions relating to Civil Service Commission of Dalton; and for other purposes.
HB 673. By Mr. Huddleston of Fayette:
A Bill to be entitled an Act to change the terms of the Superior Court of Fayette County; and for other purposes.
HB 679. By Messrs. Morris and Bodenhamer of Tift:
A Bill to be entitled an Act to amend an Act creating and providing a new charter for the Town of Omega; and for other purposes.
The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following Bills and Resolutions of the Senate and House to wit:
HB 680. By Messrs. Greene and Bradley of Bartow:
A Bill to be entitled an Act to amend an Act abolishing office of County Treasurer of Bartow County and providing Clerk of Board of Com missioners of Roads and Revenues shall perform Treasurer's duties; and for other purposes.
HB 685. By Messrs. Carlisle, McKenna and Wilson of Bibb:
A Bill to be entitled an Act to ratify and confirm the action of the City of Macon; and for other purposes.
HB 703. By Messrs. Birdsong and Lam of Troup:
A Bill to be entitled an Act to create a Board of Commissioners of Roads and Revenues for the County of Troup; 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:
WEDNESDAY, JANUARY 29, 1958
291
HB 640. By Messrs. Pickard of Muscogee, Carlisle of Bibb, Hawkins of Screven and Moate of Hancock:
A Bill to be entitled an Act to ratify, approve and confirm the Executive Order of the Governor dated January 3, 1958, suspending the collection of sales and use taxes on passenger fares charged by urban transit systems; and for other purposes.
A substitute to HB 640 by Mr. Carter of Hart was read and lost:
Mr. Jessup of Bleckley moved that further consideration of HB 640 be post poned until Monday, February 3, 1958.
On the motion to postpone, the ayes were 45, nays 89.
The motion to postpone was lost.
Mr. Hawkins of Screven moved that HB 640 be tabled.
The motion to table was lost.
Mr. Gunter of Hall moved the previous question, and the motion prevailed.
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 Bagby Bodenhamer Bolton Brennan Brooks of Fulton Busbee A. Campbell of
Walker W. Campbell of
Walker Carlisle Carter Cheatham Echols Eyler Fellows Fuqua Gowen
Hawkins Holcombe Holley Hurst Jones of Crawford Killian Larkins Lott Mackay Mann Miles Morris McClelland McCracken McKenna McWhorter Neese Nilan Odom
Perry Phillips of Columbia Pickard Ray Reed Roberts Rodgers of Charlton Rowland Rutland Smith of Fulton Underwood Veal Wells Willingham Wilson Wright of Floyd Young
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JOURNAL OF THE HOUSE,
Those voting in the negative were Messrs.:
Alien Ballard Barber Baughman Birdsong Black Blalock of Coweta Boggs Brackin Bradley Broome Budd Burkhalter Cagle Caldwell Carr Carswell Cheek Coalson Cocke Cowart Craven Crummey Denmark Dorminy Duncan Elder Ellis Flynt Fordham Fowler of Treutlen Frazier Freeman Green of Rabun Greene of Bartow Griffith Gross of Stephens
Gross of Bade Gunter Hall of Lee Hall of Floyd Hardaway Harper Harrison Helms Hill Hodges of Ware Hodges of Butts Hogan Huddleston Ingle Irvin Jones of Wayne Jones of Worth Jones of Laurens Jones of Sumter Kelley Kennedy Key Kidd Kimmons Lam Lancaster Land Lokey Long Love Matthews Miller of Twiggs Miller of Elbert Mobley Moorman Moss Murphy
Murr Newton Nichols Orr Overby Palmer Parker of Pike Parker of Ware Parker of Appling Payton Peters Pickett Ramsey Raulerson Rogers of Heard Ross Scoggin Sivell Smith of Lamar Souter Story Summers Tabb Tamplin Tarpley Taylor Todd Truelove Walker of Lowndes Watson White Willis Winkle Wright of Dodge Yandle
On the passage of the Bill, the ayes were 55, nays 109.
The Bill, having failed to receive the requisite constitutional majority, was lost.
The following Resolution of the House was read the second time and adopted:
.HR 288. By Messrs. Cocke of Terrell, Denmark of Liberty, Cloud of Decatur and Caldwell of Upson:
A Resolution relating to inspection of the coastal facilities of the Game and Fish Commission; and for other purposes.
The following Resolutions of the House were read and referred to the com mittee on State of Republic:
WEDNESDAY, JANUARY 29, 1958
293
HR 365. By Messrs. Bolton and Lindsey of Spalding:
A RESOLUTION
Creating a Committee to make a study relative to the operation of boats on the inland lakes, rivers and waterways of Georgia; and for other purposes.
WHEREAS, during the past several years there has been a tre mendous increase in the use and operation of boats on the inland waters of the State of Georgia; and
WHEREAS, many serious accidents involving personal injury and property damage have been caused by the improper operation of such boats; and
WHEREAS, such accidents have been caused by many factors in cluding the overloading of such boats, the use of unseaworthy boats, the operation of boats by juveniles and untrained persons, and the reck less and hazardous operation of such boats; and
WHEREAS, the operation of such boats if not properly controlled and regulated is dangerous to the occupants thereof and others using our inland waters, including our lakes and rivers; and
WHEREAS, the reckless, imprudent, noisy and uncontrolled opera tion of such boats has given rise to frequent and serious conflicts be tween the interests of cottage owners, boat operators, bathers, fisher men and others using our inland waters; and
WHEREAS, the continued uncontrolled operation of such boats threatens to deprive our citizens of the full and proper use and enjoy ment of our inland waters as places for vacation and healthful recrea tion; and
WHEREAS, our citizens, including our boat operators, are entitled under reasonable and uniform restrictions to fully enjoy the facilities of our inland waters without undue disturbance or exposure to danger from the operation of such boats;
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is hereby created a Committee for the purpose of making a detailed study of all problems arising out of, or in any way connected with, the operation of boats on the inland lakes, rivers and waterways of this State; to examine all existing laws which pertain to or affect the operation of said boats on such waters; to determine the effectiveness of all existing laws on the subject; to investigate the need for new or supplemental laws which will insure the proper and uniform regulation of such boats and the policing of the operation thereof and to draft and submit with its report, such legis lation as it deems desirable. The Committee is authorized to investigate every matter and thing not specifically mentioned herein which is deemed by the Committee competent, relevant and material to the ascer tainment of the true situation respecting all matters relative to the subject matter of its study.
The Committee shall be composed of three members of the House, to be appointed by the Speaker, and two members of the Senate, to be appointed by the Lieutenant Governor. The Committee shall meet as soon as possible after the adjournment of the General Assembly for
294
JOURNAL OF THE HOUSE,
the purpose of organizing, electing officers and determining its procedure for the study provided for herein. In order to more adequately
and efficiently perform its duties, the Committee is hereby authorized to employ clerical personnel and obtain such material and supplies as deemed necessary and advisable. The members of the Committee shall receive the compensation, per diem, expenses and allowances as author
ized for interim committees. The funds necessary for the purposes of this Resolution shall come from the funds appropriated to, or made available to, the legislative branch of the government. The Committee shall make a report of its findings and recommendations to the 1959 Session of the General Assembly on or before January 15, 1959, and the Committee shall stand abolished as of that date. The Committee is
hereby authorized to provide for such distribution of its report as it deems advisable.
HR 366. By Mr. Bolton of Spalding:
A RESOLUTION
Creating a joint committee to study methods of financing additional services; and for other purposes.
WHEREAS, in recent years the General Assembly has been con fronted with a financial crisis at each session, with innumerable requests for additional services, and
WHEREAS, due to the increase in the population and the attendant increase in school enrollment, financial problems will confront forth coming legislatures, and
WHEREAS, it is highly desirable that the General Assembly be made cognizant of such problems and possible solutions thereto,
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is hereby created a committee to be composed of 13 members, to make a study as to whether additional funds are desirable and, if so, whether such funds should be provided on the State level or the local level. The committee shall also make a thorough study in an attempt to determine the best method of fi nancing additional services, if any.
The committee shall be composed of three members of the House of Representatives, to be appointed by the Speaker, two members of the Senate, to be appointed by the Lieutenant Governor, the State Auditor, one layman, to be appointed by the Governor, one member representing the County Commissioners Association, to be appointed by the Governor, one member representing the Georgia Municipal Asso ciation, to be appointed by the Governor, one member representing the Georgia Bar Association, to be appointed by the Governor, one member representing the Georgia Education Association, to be appointed by the Governor, one member representing the Georgia Real Estate Association, to be appointed by the Governor, and one member representing the Georgia Press Association, to be appointed by the Governor.
The members of the committee who are members of the General Assembly shall receive the per diem, compensation and allowances authorized for members of interim legislative committees. The State Auditor shall receive the compensation authorized by law for serving on similar committees. The remaining members of the committee shall
WEDNESDAY, JANUARY 29, 1958
295
receive $10.00 per diem and all expenses incurred while engaging in the performance of their duties under this Resolution. The Committee is hereby authorized to employ clerical help to assist it in the performance of its duties. The committee is hereby authorized to obtain such material and supplies as it deems necessary. All funds necessary for the purposes of this resolution, except as otherwise provided herein, shall come from the funds appropriated to the legislative branch of the government and from any other available funds.
The committee shall make a report of its study and its recommenda tions to the 1959 Session of the General Assembly of Georgia on or before January 15, 1959, and the committee shall stand abolished as of that date.
HR 367. By Messrs. Lindsey and Bolton of Spalding:
A RESOLUTION
Creating a committee to make a study of the petroleum industry in Georgia; and for other purposes.
WHEREAS, it has come to the attention of the General Assembly that gasoline and other petroleum products are sold at much higher prices in some localities than in others immediately adjacent thereto, and
WHEREAS, the governing bodies of many municipalities have listed objections to this practice and have been given no satisfactory explanation thereof, and
WHEREAS, situations of this type should be investigated so that the General Assembly and the people of the State will have adequate knowledge thereof,
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created a committee to make a study and investigation of the petroleum industry in this State with particular emphasis on the discrepancies in prices as set forth herein before and to determine if any legislation is needed to correct any unjustified situations.
The committee shall be composed of five members of the House, to be appointed by the Speaker. The committee shall meet for the purpose of organizing, electing officers and determining the procedure for the study provided for herein. In order to more adequately and efficiently perform its duties, the committee is hereby authorized to employ clerical personnel and obtain such material and supplies as deemed necessary and advisable. The members of the committee shall receive the compensation, per diem, expenses and allowances as author ized for interim committees. The funds necessary for the purposes of this Resolution shall come from the funds appropriated to, or available to, the legislative branch of the government. The committee shall make a report of its findings and recommendations to the 1959 Session of the General Assembly on or before January 15, 1959, and the committee shall stand abolished as of that date. The committee is hereby author ized to provide for such distribution of its report as it deems advisable.
Mr. Hawkins of Screven moved that the House do now adjourn until 10:00 o'clock, a.m., tomorrow morning, and the motion prevailed.
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JOURNAL OF THE HOUSE,
Leaves of Absence were granted to Messrs. Lindsey of Spalding, Musgrove of Clinch and Winkle of Whitfield for Wednesday, January 29, 1958, because of State business.
The Speaker announced the House adjourned until 10:00 o'clock tomorrow morning.
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297
Representative Hall, Atlanta, Georgia Thursday, January 30, 1958
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:
Alien Bagby Ballard Barber Barrett Baughman Birdsong Black Blalock of Coweta Blalock of Clayton Boggs Brackin Bradley Brennan Brooks of Oglethorpe Brooks of Fulton Broome Budd Busbee Cagle Caldwell Callier A. Campbell of
Walker W. Campbell of
Walker Carlisle Carr Carswell Carter Chastain Cheatham Cheek Cloud Coalson Cocke Cowart Craven Denmark Dorminy Duncan Echols Elder Ellis
Eyler
Fellows Floyd Flynt Fordham Fowler of Douglas Fowler of Treutlen Frazier Freeman Fuqua Gowen Green of Rabun Greene of Bartow Grimsley Gross of Stephens Gross of Dade Gunter Hall of Lee Hall of Floyd Hardaway Harper Harrison Helms Henderson Hodges of Ware Hodges of Butts Hogan Holcombe Holley Holloway Huddleston Hurst Ingle Irvin Jessup Johnson Jones of Wayne Jones of Lumpkin Jones of Baker Jones of Laurens Jones of Sumter Jones of Crawford Kelley Kennedy Killian King
Lam Lancaster Land Larking Lee Lokey Long Lott Love Mackay Mann Matthews Mobley Moorman Moss Mull Murphy Murr McClelland McGibony McKenna McWhorter Neese Newton Nichols Nilan Odom Orr Overby Palmer Parker of Pike Parker of Ware Parker of Appling Payton Pelham Perkins Perry Peters Phillips of Columbia Pickard Pickett
Ramsey Ray Reed Roberts
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JOURNAL OF THE HOUSE,
Rodgers of Charltoa Rogers of Heard Ross Roughton Rowland Russell Rutland Short Singer Sivell Smith of Forsyth Smith of Emanuel
Smith of Lamar
Smith of Whitfield Stephens Story Summers Tabb Tamplin Tarpley Taylor Todd Truelove Twitty Underwood
Veal
Walker of Lowndes Watson Weems Wells White Willingham Willis Wilson Wooten Wright of Dodge Yandle Young
Mr. Black of Webster, Chairman of the committee on Auditing, Enrolling & Engrossing, Journals, reported that the Journal of yesterday's proceedings had been read and found to be correct.
By unanimius consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions.
2. First reading and reference of House Bills and Resolutions.
3. Reports of standing committees.
4. Second reading of Bills and Resolutions.
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 850. By Mr. Jones of Laurens:
A Bill to be entitled an Act to amend an Act relating to the right of a minor to a year's support, so as to provide that the marriage of a minor prior to the filing of an application for a year's support shall bar the right of such minor to a year's support, and for other purposes.
Referred to the Committee on Judiciary.
HB 851. By Mr. Orr of Wilkes:
A Bill to be entitled an Act to amend an Act regulating malt beverages, so as to provide that the physical presence of 864 fluid ounces of malt
THURSDAY, JANUARY 30, 1958
299
beverages in a public place of business owned or operated by a person, firm or corporation not licensed to deal in such beverages shall be prima facie evidence of possession of such beverages for the purpose of sale by such person, firm or corporation owning or operating such public place of business; and for other purposes.
Referred to the Committee on Temperance
Mr. Orr of Wilkes moved that HB 851 be engroseed.
On the motion to engross, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.
Ballard Baughman Birdsong Blalock of Coweta Brennan Brooks of Fulton W. Campbell of
Walker Carlisle Carr Carswell Carter Coalson Co wart Denmark Dorminy Elder Eyler Ployd Flynt Fordham Fowler of Treutlen Frazier Fuqua Green of Rabun
Gross of Dade Gunter Hawkins Holley Ingle Irvin Jessup Jones of Baker Kennedy Key Kidd Killian Kimmons Lam Lancaster Love Mackay Miles Mobley Moorman
Murphy McGibony McKenna Newton Nilan
Orr Palmer Parker of Pike Parker of Appling Payton Pelham Pickard Ramsey Ray Rodgers of Charlton Ross Roughton Russell Sheffield Short Smith of Whitfield Summers Tabb Tamplin Taylor Todd Veal White Willis Wilson
Those voting in the negative were Messrs.:
Brackin Broome Cagle Callier Chastain Craven Ellis Freeman Grimsley Hall of Floyd Hardaway Harper
Harrison Hodges of Butts Hogan Holloway Hurst Jones of Wayne Jones of Laurens Jones of Crawford Kelley King Long-
Mann
Miller of Elbert McWhorter Neese Perkins Pickett Rogers of Heard Smith of Forsyth Truelove Twitty Watson Wells Wright of Dodge
On the motion to engross, the ayes were 76, nays 36.
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JOURNAL OF THE HOUSE,
The motion prevailed, and the Bill was ordered engrossed.
HB 852. By Messrs. Cloud of Decatur, Jones of Baker, White of Mclntosh, Morris of Tift, Tabb of Lowndes, Black of Webster, Denmark of Liberty, Miller of Twiggs, Phillips of Columbia, Petty of Pulaski and others:
A Bill to be entitled an Act to provide that no person, firm, corporation, association, order or society shall issue or renew any hospitalization and/or accident or health insurance policy which does not contain therein a provision that the insurer may not cancel, alter or refuse to renew such policy after said policy has been in effect for a period in excess of one year; and for other purposes.
Referred to the Committee on Insurance.
HB 853. By Messrs. Cagle of Pickens, Harper of Gilmer, Long of Murray, Kelley of Dawson, Ingle of Gordon, Raulerson of Echols, and many others.
A Bill to be entitled an Act to amend an Act known as the Georgia Retailers and Consumers Sales and Use Tax Act; so as to provide that the sale and use of medicine by a doctor's prescription shall not be subject to the tax imposed by said Act, and for other purposes.
Referred to the Committee on Ways and Means.
HB 854. By Messrs. Cheatham, Eyler and Brennan of Chatham:
A Bill to be entitled an Act amending and revising the Charter of the Savannah District Authority; authorizing the issuance of revenue antici pation bonds and certificates of the Authority and fixing the types thereof and the security therefor; and for other purposes.
Referred to the Committee on Local Affairs.
HB 855. By Messrs. Cagle of Pickens, Bradley of Bartow, Long of Murray, Ingle of Gordon, Kelley of Dawson, Bagby of Paulding, Harper of Gilmer and Parker of Appling:
A Bill to be entitled an Act to prohibit the advertisement of spirituous liquors or distilled spirits or beer or wine; and for other purposes.
Referred to the Committee on Temperance.
HB 856. By Messrs. Willis and Chastain of Thomas:
A Bill to be entitled an Act to amend an Act incorporating the City of Coolidge, in the County of Thomas, relating to the water and light commission, and for other purposes.
Referred to the Committee on Local Affairs.
HB 857. By Mr. Fowler of Douglas:
A Bill to be entitled an Act to amend an Act providing for the establish ment of a Department of Labor, so as to provide for the posting of "help Wanted" advertisements from certain editions of certain out-of-
THURSDAY, JANUARY 30, 1958
301
state newspapers in the State employment agencies throughout Georgia; and for other purposes.
Referred to the Committee on State of Republic.
HB 858. By Messrs. Miles, Holley, and Puqua of Richmond:
A Bill to be entitled an Act to amend an Act entitled "An Act to estab lish the City Court of Richmond"; and for other purposes.
Referred to the Committee on Local Affairs.
HB 859. By Mr. Fowler of Douglas:
A Bill to be entitled an Act to create the Office of Director of Aviation within the Department of Commerce; and for other purposes.
Referred to the Committee on State of Republic.
HB 860. By Messrs. Moss and Story of Gwinnett:
A Bill to be entitled an Act to amend an Act incorporating the Town of Sugar Hill in the county of Gwinnett, and for other purposes.
Referred to the Committee on Local Affairs.
HB 861. By Mr. Perkins of Grady:
A Bill to be entitled an Act to amend an Act incorporating the City of Cairo, relating to the Mayor, and for other purposes.
Referred to the Committee on Local Affairs.
HB 862. By Mr. Overby of Hall:
A Bill to be entitled an Act to authorize the Secretary of State to desig nate employees to accept service; and for other purposes.
Referred to the Committee on State of Republic.
HB 863. By Mr. McCracken of Jefferson:
A Bill to be entitled an Act to authorize the Ordinary to return to the parties to a marriage the license and the return thereon when the same shall have been recorded as provided by law, and for other purposes.
Referred to the Committee on Judiciary.
HB 864. By Messrs. Cheatham, Eyler and Brennan of Chatham:
A Bill to be entitled an Act to amend an Act incorporating and creating a charter for the City of Port Wentworth, so as to authorize said City to create a Municipal Planning Commission, and for other purposes.
Referred to the Committee on Local Affairs.
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JOURNAL OF THE HOUSE,
HB 865. By Messrs. M. M. Smith, McClleland and Brooks 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.
Referred to the Committee on Local Affairs.
HB 866. By Messrs. M. M. Smith, McClelland and Brooks of Fulton:
A Bill to be entitled an Act to amend an Act entitled "An Act to pro hibit the State of Georgia or any Department thereof or any political subdivision thereof from employing in any agency of the State of Georgia any alien except where there is no qualified American Citizen available, and for other purposes.
Referred to the Committee on State of Republic.
HB 867. By Messrs. Bolton of Spalding and Russell of Barrow:
A Bill to be entitled an Act to authorize and direct the State Revenue Commissioner to prepare a pamphlet relative to sales tax rules, regula tions, directives and orders; and for other purposes.
Referred to the Committee on Ways and Means.
HB 868. By Mr. Bolton of Spalding:
A Bill to be entitled an Act to amend an Act relating to the procedure for the revision of permanent alimony judgments, so as to provide that no petition may be filed under this Act within a period of two years from the date of the final judgment, and for other purposes.
Referred to the Committee on Judiciary.
HB 869. By Mr. Bolton of Spalding:
A Bill to be entitled an Act to amend an Act providing for a tax upon the sale, use or disposition of cigars and cigarettes, and for other purposes.
Referred to the Committee on Ways and Means.
HB 870. By Messrs. McClelland, M. M. Smith and Brooks of Fulton: A Bill to be entitled an Act to amend an Act establishing a new charter for the City of East Point in Fulton County by annexing additional land in the City of East Point; and for other purposes.
Referred to the Committee on Local Affairs.
HB 871. By Messrs. McClelland, Brooks 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 East Point, and for other purposes.
Referred to the Committee on Local Affairs.
HB 872. By Messrs. McClelland, Brooks and M. Smith of Fulton: A Bill to be entitled an Act to amend an Act establishing a new charter
THURSDAY, JANUARY 30, 1958
303
for the City of East Point by annexing additional land in the City of East Point, and for other purposes.
Referred to the Committee on Local Affairs.
HB 873. By Messrs. Bolton and Lindsey of Spalding, Huddleston of Fayette and Echols of Upson:
A Bill to be entitled an Act to amend an Act providing a salary for the official court reporter of the Griffin Judicial Circuit; and for other purposes.
Referred to the Committee on Local Affairs.
HB 874. By Messrs. Miller of Elbert, Palmer of Mitchell, McGibony of Green, Busbee of Dougherty, White of Mclntosh and many others:
A Bill to be entitled an Act to amend an Act relating to the qualifi cations of applicants for examination to practice Chiropractic, and for other purposes.
Referred to the Committee on Hygiene and Sanitation.
HR 359-874a. By Messrs. McClelland, Brooks and M. Smith of Fulton:
A Resolution proposing an amendment to the Constitution so as to authorize the governing authority of the City of East Point to appro priate and expend public funds of said City as said authority may de termine to be prudent and advisable; and for other purposes.
Referred to the Committee on Local Affairs.
HR 360-874b. By Messrs. McClelland, Brooks and M. M. Smith of Fulton:
A Resolution proposing an amendment to the Constitution so as to authorize the City of East Point to issue and sell revenue anticipation obligations subject to terms of the "Revenue Certificate Law of 1937," and for other purposes.
Referred to the Committee on Local Affairs.
HR 361-874c. By Mr. Cheatham of Chatham:
A Resolution proposing compensation to the American News Company for damages to one of their trucks, and for other purposes.
Referred to the Committee on Appropriations.
HR 362-874d. By Mr. Fowler of Douglas:
A Resolution proposing an amendment to the Constitution so as to provide for the issuance of bonds for road purpose in Douglas County not to exceed ten per cent of the assessed value of the taxable property in Douglas County; and for other purposes.
Referred to the Committee on Local Affairs.
HR 363-874e. By Messrs. Carlisle, McKenna and Wilson of Bibb:
A Resolution proposing an amendment to the Constitution to create and
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JOURNAL OP THE HOUSE,
abolish municipal or county or combined governments within the limits of Bibb County; and for other purposes.
Referred to the Committee on Local Affairs.
HR 364-874f. By Mr. Jones of Wayne:
A Resolution proposing an amendment to the Constitution so as to provide for the election of the members of the Board of Education of Wayne County by the people, and for other purposes.
Referred to the Committee on Local Affairs.
HB 875. By Messrs. Wells of Peach, Rowland of Johnson and Veal of Putnam:
A Bill to be entitled an Act to provide and fix the salaries of the official Court Reporters of the Judicial Circuits of the Superior Courts to be paid by the State of Georgia; and for other purposes.
Referred to the Committee on Judiciary.
HB 876. By Messrs. Greene and Bradley of Bartow, Long of Murray, Smith and Winkle of Whitfield:
A Bill to be entitled an Act to amend an Act placing the SolicitorGeneral of the Cherokee Judicial Circuit on a salary basis in lieu of a fee basis, and for other purposes.
Referred to the Committee on Local Affairs.
HB 877. By Mr. Tarpley of Union:
A Bill to be entitled an Act to amend an Act pertaining to the residence of a petitioner for divorce, and for other purposes.
Referred to the Committee on Judiciary.
HR 368-877a. By Mr. Kennedy of Turner:
A Resolution proposing an amendment to the Constitution so as to pro vide for the election of members of the Board of Education of Turner County by the people; and for other purposes.
Referred to the Committee on Local Affairs.
HB 878. By Mr. Wright of Dodge:
A Bill to be entitled an Act to amend an Act creating the office of Commissioner of Roads and Revenues for Dodge County, so as to change the compensation of the Clerk of the Commissioners, and for other purposes.
Referred to the Committee on Local Affairs.
HB 879. By Mr. Wright of Dodge: A Bill to be entitled an Act to amend an Act creating the office of Tax Commissioner of Dodge County, and for other purposes.
Referred to the Committee on Local Affairs.
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305
HB 880. By Mr. Wright of Dodge:
A Bill to be entitled an Act to amend an Act supplementing the com pensation of the Ordinary of Dodge County; and for other purposes.
Referred to the Committee on Local Affairs.
HB 881. By Messrs. Hawkins of Screven and Jessup of Bleckley:
A Bill to be entitled an Act to amend an Act creating a Department of Public Safety so as to re-define law enforcement and other powers of said department; to provide for utilization of the services of Forestry Investigators, Wildlife Rangers and other law enforcement officers, and for other purposes.
Referred to the Committee on Highways.
HR 369-881a. By Messrs. Hawkins of Screven, Jessup of Bleckley and Sheffield of Brooks:
A Resolution proposing an amendment to the Constitution so as to authorize the levying of taxes for the purpose of paying retirement benefits, costs of administration and other benefits to the Peace Officers and for other purposes.
Referred to the Committee on Ways and Means.
HR 370-881b. By Mr. Hawkins of Screven:
A Resolution to compensate Mr. Alexander J. Horak; and for other purposes.
Referred to the Committee on Appropriations.
By unanimous consent, the following committee reports were submitted and read:
Mr. Fowler of Douglas County, Chairman of the Committee on Agriculture, submitted the following report:
Mr. Speaker:
Your Committee on Agriculture 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 771. Do Pass.
HB 840. Do Pass.
Respectfully submitted,
Fowler of Douglas,
Chairman.
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JOURNAL OP THE HOUSE,
Mr. Bodenhamer of Tift County, Chairman of the Committee on Education, submitted the following report: Mr. Speaker;
Your Committee on Education 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 786. Do Pass. SB 191. Do Pass. HB 820. Do Pass. HB 697. Do Pass.
Respectfully submitted,
Bodenhamer of Tift,
Chairman.
Mr. Peters of Meriwether County, Secretary 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 712. Do Pass, as Amended. HB 713. Do Pass. HB 714. Do Pass, as Amended. HB 715. Do Pass.
Respectfully submitted,
Blalock of Coweta,
Vice Chairman.
Mr. Blalock of Coweta County, Vice Chairman of the Committee on Hygiene and Sanitation, submitted the following report: Mr. Speaker:
Your Committee on Hygiene and Sanitation has had under consideration the following Bill of the House and has instructed me as Chairman, to report the same back to the House with the following recommendation:
HB 162. Do Pass, by Substitution.
Respectfully submitted,
Blalock of Coweta,
Vice Chairman.
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307
Mr. Blalock of Coweta County, Vice Chairman of the Committee on Hygiene and Sanitation, submitted the following report:
Mr. Speaker: Your Committee on Hygiene and Sanitation has had under consideration the
following Bill of the House, and has instructed me as Chairman, to report the same back to the House with the following recommendation:
HB 107. Do Pass, by Substitute.
Respectfully submitted,
Blalock of Coweta,
Vice Chairman.
Mr. Picard of Muscogee County, Chairman of the Committee on Industry, submitted the following report:
Mr. Speaker:
Your Committee on Industry 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 120. Do Pass.
HB 734. Do Pass.
HB 779. Do Pass.
Respectfully submitted, Picard of Muscogee, Chairman. By Yandle of Toombs, Sec.
Mr. Twitty of Mitchell County, Chairman of the Committee on Judiciary, submitted the following report:
Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bills and Resolutions of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 780. Do Pass.
HB 642. Do Pass, by Substitute.
HB 695. Do Pass.
HB 683. Do Not Pass.
HR 256-662f. Do Pass.
HR 313-772d. Do Pass.
Respectfully submitted, Twitty of Mitchell, Chairman.
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JOURNAL OF THE HOUSE,
Mr. Short of Colquitt, County, Chairman of the Committee on Local Affairs, submitted the following report:
Mr. Speaker:
Your Committee on Local Affairs has had under consideration the following Bills and Resolutions of the House and Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 665. Do Pass. HB 808. Do Pass. HB 810. Do Pass. HB 812. Do Pass. HB 814. Do Pass. HB 815. Do Pass. HB 816. Do Pass. HB 817. Do Pass. HB 819. Do Pass. HB 826. Do Pass. HB 827. Do Pass. SB 181. Do Pass. SB 190. Do Pass. SR 98. Do Pass.
Respectfully submitted,
Short of Colquitt, Chairman.
Mr. Cocke of Terrell County, Chairman of the Committee on Natural Re sources, submitted the following report:
Mr. Speaker:
Your Committee on Natural Resources 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 655. Do Pass.
HB 735. Do Pass.
HB 821. Do Pass.
Respectfully submitted,
Cocke of Terrell,
Chairman.
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309
Mr. Overby of Hall County, Chairman of the Committee on State of Republic, submitted the following report: Mr. Speaker:
Your Committee on State of Republic has had under consideration the fol lowing Bills and Resolutions of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 708. Do Pass. HB 709. Do Pass. HB 784. Do Pass. HB 760. Do Pass. HR 245-635c. Do Pass. HR 271-687d. Do Pass.
Respectfully submitted, Overby of Hall,
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 789. Do Pass.
HB 761. Do Pass.
HB 824. Do Pass, as Amended.
Respectfully submitted,
Blalock of Clayton,
Chairman.
By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time:
HB 828. By Mr. Busbee of Dougherty:
A Bill to be entitled an Act to amend an Act relating to the issuance of warrants and requirement of bonds to keep the peace, so as to re quire advance costs to be paid by any person requesting the issuance of a warrant; and for other purposes.
HB 829. By Messrs. Payton of Coweta, Kimmons of Pierce, Orr of Wilkes and Rogers of Heard:
A Bill to be entitled an Act to amend an Act defining and regulating the business of representing insurers other than those transacting life,
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JOURNAL OF THE HOUSE,
health, accident, hospital, medical service and title insurance and bail bonding by individual sureties, and for other purposes.
HB 830. By Messrs. Pickard, Nilan, and Young of Muscogee:
A Bill to be entitled an Act establishing a metropolitan planning district for the City of Columbus and Muscogee County; and for other purposes.
HB 831. By Mr. Barrett of Cherokee:
A Bill to be entitled an Act to authorize and empower the governing authorities of certain counties to license amusement machines or devices, commonly known as "pin ball machines; and for other purposes.
HB 832. By Messrs. Pickard, Nilan and Young of Muscogee:
A Bill to be entitled an Act to amend an Act to provide that Muscogee County shall provide a permanent pension fund for present and future employees, and for other purposes.
HB 833. By Mr. Key of Jasper:
A Bill to be entitled an Act to amend an Act creating the office of Judge of the Superior Courts, Emeritus relating to temporary service, and for other purposes.
HB 834. By Messrs. Gunter and Overby of Hall:
A Bill to be entitled an Act to amend the Charter of the City of Gainesville, so as to add two Commissioners, and for other purposes.
HB 835. By Messrs. Orr of Wilkes, Ross of Lincoln, Lokey of McDuffie and Todd of Glascock:
A Bill to be entitled an Act to amend an Act creating the office of Judge of the Superior Courts Emeritus, so as to provide that such judges emeritus shall be authorized to serve in the superior courts as may be provided by law, and for other purposes.
HB 836. By Mr. Budd of Lowndes:
A Bill to be entitled an Act to provide for a State Board of Registration of Used Car Dealers; and for other purposes.
HB 837. By Messrs. Orr of Wilkes, Ross of Lincoln, Lokey of McDuffie and Todd of Glascock:
A Bill to be entitled an Act to amend an Act relative to judges pro hac vice of Superior and City Courts, relating to the appointment of a Judge by the Clerk, so as to provide for service and appointment of judges of the Superior Courts emeritus, and for other purposes.
HB 838. By Mr. Kidd of Baldwin:
A Bill to be entitled an Act to create a State Claims Board; to provide for the composition, jurisdiction, powers and compensation of the pay ment of claims, and for other purposes.
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311
HR 349-838a. By Messrs. Mackay, McWhorter and Rutland of DeKalb, Barber of Jackson, Matthews of Clarke, Broome of Bacon and many others:
A Resolution to request the Institute of Law and Government of the School of Law of the University of Georgia to study the fact-finding and other staff services of the Legislature of other states and to report the results of its study to the members of the 1959 General Assembly, and for other purposes.
HR 350-838b. By Mr. Cocke of Terrell: A Resolution to compensate Mr. John Green, and for other purposes.
HR 351-838c. By Messrs. Kidd and Griffith of Baldwin:
A Resolution proposing an amendment to the Constitution so as to authorize Baldwin 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 promoting industries in said County, and for other purposes.
HR 352-838d. By Mr. Hurst of Quitman: A Resolution to compensate D. D. Whitman, and for other purposes.
HR 353-838e. By Mr. Barrett of Cherokee:
A Resolution compensating Dr. Jack W. Jones of Canton, Georgia, and for other purposes.
HB 839. By Messrs. Ray of Warren and Jones of Lumpkin:
A Bill to be entitled an Act to amend an Act creating a Department of Public Safety, so as to change the provision relating to operation of motor vehicles by persons holding learners' licenses; and for other purposes.
HB 840. By Mr. Ray of Warren:
A Bill to be entitled an Act to amend an Act known as the "Georgia Economic Poisons Act, so as to authorize the Commissioner of Agricul ture to require research data in the registration of an economic poison; and for other purposes.
HB 841. By Messrs. M. M. Smith, McClelland and Brooks of Fulton:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Atlanta, relating to streets, etc., and for other purposes.
HB 842. By Messrs. Phillips of Columbia and McCracken of Jefferson:
A Bill to be entitled an Act to provide for the enrichment of flour, bread, corn meal and hominy grits; and for other purposes.
HB 843. By Mr. Bolton of Spalding:
A Bill to be entitled an Act to amend an Act entitled "Accident, Liability and Casualty Insurance so as to provide that no policy of personal in-
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JOURNAL OF THE HOUSE,
jury liability insurance covering liability arising from the ownership, use or maintenance of any motor vehicle shall be issued or delivered by any insurer licensed in this State upon any motor vehicle then prin cipally garaged or registered in this State unless it shall provide for the insured coverage, within the limits of not less than ten thousand dollars, etc., and for other purposes.
HB 844. By Messrs. Reed and Willingham of Cobb, Bagby of Paulding, Campbell of Walker, Nilan of Muscogee, Overby of Hall and others:
A Bill to be entitled an Act to provide for a State Tort Claims Act; to provide for suits against the State of Georgia, and for other purposes.
HB 845. By Mr. Smith of Emanuel:
A Bill to be entitled an Act to amend an Act incorporating the City of Swainsboro; so as to increase the corporate limits, and for other pur poses.
HB 846. By Mr. Short of Colquitt:
A Bill to be entitled an Act to amend an Act relating to the guardian acting as administrator of the estate of his ward, and for other purposes.
HB 847. By Messrs. Holcombe and Willingham of Cobb, Kidd of Baldwin, Rogers of Heard, Reed of Cobb, Barber of Jackson, Brooks of Fulton, Bagby of Paulding, Barrett of Cherokee, Nichols of Towns and many others:
A Bill to be entitled an Act to amend an Act pertaining to taxes on the distribution of motor fuel and/or kerosene, so as to provide for a refund of taxes paid on motor fuels used by municipalities of this State; and for other purposes.
HR 354-847a. By Messrs. Short and Newton of Colquitt:
A Resolution proposing an amendment to the Constitution to authorize the Board of Commissioners of Roads and Revenues of Colquitt County to assess and collect license fees and occupational taxes upon businesses in Colquitt County outside the incorporated limits of municipalities and to regulate same, and for other purposes.
HR 356-847c. By Mr. McClelland of Fulton:
A Resolution compensating James S. Bonner, Sr., Administrator of the Estate of James S. Bonner, Jr., and for other purposes.
HR 355-847c. By Mr. McClelland of Fulton:
A Resolution compensating 1st Lieutenant Charles H. Cox, Jr., and for other purposes.
HB 848. By Messrs. Story and Moss of Gwinnett:
A Bill to be entitled an Act to incorporate the City of Duluth; to provide a municipal government therefor, and for other purposes.
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313
HB 849. By Mr. White of Mclntosh:
A Bill to be entitled an Act to change from the fee to the salary system of compensating the offices of Clerk of the Superior Court, Sheriff, Ordinary and Tax Commissioner in counties having a population of not less than 6,008 nor more than 6,075, and for other purposes.
SR 110. By Senators Stafford of the 47th, Williams of the 49th and Cook of the 42nd:
A Resolution to create a Committee to investigate the pay of teachers in the public schools of Georgia, and for other purposes.
SR 111. By Senator Brown of the 52nd:
A Resolution providing for the appointment of a committee to study primary and general elections for municipal officers in certain munici palities, and for other purposes.
SB 220. By Senator McGarity of the 35th:
A Bill to be entitled an Act to change the compensation of the Sheriff, the Clerk of the Superior Court and the Ordinary of Henry County from the fee system to the salary system, and for other purposes.
SB 223. By Senator Brown of the 52nd:
A Bill to be entitled an Act to amend an Act regulating Primary elec tions in all municipalities haivng a population of 200,000 or more, and for other purposes.
By unanimous consent, the following Bills of the House, favorably re ported, were read the second time.
HB 107. By Messrs. Perking of Grady, Willis of Thomas, Murphy of Haralson and others:
A Bill to be entitled an Act defining the practice of Osteopathy, so as to re-define the practice of Osteopathy; and for other purposes.
HB 162. By Messrs. Holcombe of Cobb, Bagby of Paulding and A. Campbell of Walker:
A Bill to be entitled an Act to create a Georgia State Examining Board for Hairdressers and Cosmotologist, and fix their compensa tion and define their duties; and for other purposes.
By unanimous consent, the following Bills and Resolutions of the House and Senate were taken up for consideration and read the third time:
HB 808. By Mr. Long of Murray:
A Bill to be entitled an Act to abolish Ross Avenue and that portion of Walnut Street that lies west of the East Line of M. D. Terry property, in Sanders Heights, Murray County; and for other purposes.
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JOURNAL OF THE HOUSE,
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 146, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 810. By Mr. Gross of Bade:
A Bill to be entitled an Act to create the Dade County Water Au thority; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 146, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 812. By Messrs. Barrett of Cherokee, Cagle of Pickens, Harper of Gilmer and Smith of Forsyth:
A Bill to be entitled an Act to amend an Act establishing a salary for the Solicitor General of the Blue Ridge 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 146, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 814. By Mr. Moorman of Lanier:
A Bill to be entitled an Act to amend an Act creating a Board of Commissioners of Roads and Revenues for the County of Lanier; and for other purposes:
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 146, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 815. By Mr. Harrison of Franklin: A Bill to be entitled an Act to amend an Act incorporating the City of Lavonia; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
THURSDAY, JANUARY 30, 1958
315
On the passage of the Bill, the ayes were 146, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 816. By Mr. Frazier of Jeff Davis: A Bill to be entitled an Act to create a Board of Commissioners of Roads and Revenues for the County of Jeff Davis; 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 146, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 817. By Mr. Henderson of Irwin: A Bill to be entitled an Act to repeal an Act amending an Act creat ing the Board of Commissioners of Roads and Revenues for Irwin County; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 146, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 819. By Messrs. Holcombe, Reed and Willingham of Cobb: A Bill to be entitled an Act to create a new charter for the City of Marietta; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 146, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 821. By Mr. Odom of Camden:
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 report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 146, nays 0.
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JOURNAL OF THE HOUSE,
The Bill, having received the requisite constitutional majority, was passed.
HB 826. By Mr. Tamplin of Morgan:
A Bill to be entitled an Act to amend an Act creating a Board of Commissioners of Roads and Revenues for Morgan County; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 146, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 827. 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.
On the passage of the Bill, the ayes were 146, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
SB 181. By Senator Sanders of the 18th: A Bill to be entitled an Act to provide that counties with a certain population shall fix fees of coroner's jurors, for services in connec tion with the holding of inquests; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 146, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
SB 190. By Senators Brown of the 19th, Cox of the 50th and Ellard of the 31st:
A Bill to be entitled an Act to amend an Act creating the Board of Commissioners of Roads and Revenues for Greene County; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 146, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
THURSDAY, JANUARY 30, 1958
317
SR 98. By Senator Kelly of the 28th:
A Resolution authorizing and directing the State Librarian to fur nish certain law books to the Ordinary of Jasper County; and for other purposes:
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 146, nays 0.
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 fol lowing bills of the Senate and House, to wit:
SB 184. By Senator Trotter of the 37th:
A Bill to be entitled an Act to amend Code Sec. 24-2609 relating to the holding of Superior Courts, so as to change the provisions re lating to where Superior Court may be held; to repeal conflicting laws; and for other purposes.
SB 213. By Senators Cox of the 50th, Brown of the 19th and Ellard of the 31st:
A Bill to be entitled an Act to provide that any person, firm or cor poration that shall sell, give or make available any dynamite cap or like device to a minor shall be guilty of a misdemeanor; and for other purposes.
SB 214. By Senator Kelley of the 10th:
A Bill to be entitled an Act to amend Code Section 24-3406 pertain ing to deposit of costs required in divorce cases, as amended; and for other purposes.
SB 230. By Senator Williams of the 51st:
A Bill to be entitled an Act to amend an Act creating a Board of County Commissioners for the County of Houston August 15, 1922 (Ga. Laws, 1922, p. 372), as amended; and for other purposes.
HB 621. By Mr. Jones of Baker:
A Bill to be entitled an Act to amend an Act establishing a new char ter for the City of Newton; and for other purposes.
HB 645. By Mr. Kidd of Baldwin:
A Bill to be entitled an Act to abolish the terms of office of the members of the county board of tax assessors in certain counties; and for other purposes.
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JOURNAL OF THE HOUSE,
HB 648. By Mr. Odom of Camden:
A Bill to be entitled an Act to provide for additional compensation for the Tax Receiver for Camden County; and for other purposes.
HB 649. By Mr. Orr of Wilkes:
A Bill to be entitled an Act to amend an Act establishing Board of Commissioners of Roads and Revenues of Wilkes County, providing for the election of four members of Board from Commissioner Dis tricts; and for other purposes.
HB 651. By Mr. Long of Murray:
A Bill to be entitled an Act to amend an Act creating the Board of Roads and Revenues of Murray County; and for other purposes.
The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the fol lowing bills of the House, to wit:
HB 652. By Mr. Long of Murray:
A Bill to be entitled an Act to amend the charter of the City of Chatsworth, to provide that corporate powers of said City shall be vested in mayor and four aldermen; and for other purposes.
HB 657. By Messrs. Blalock and Lee of Clayton:
A Bill to be entitled an Act to amend an Act placing Clerk of Su perior Court and Sheriff of Clayton County on a salary basis in lieu of fee basis; and for other purposes.
HB 658. By Mr. Musgrove of Clinch:
A Bill to be entitled an Act to amend an Act creating and establish ing the County Court of Clinch in and for the County of Clinch; and for other purposes.
HB 701. By Messrs. Smith, McClelland and Brooks of Fulton:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Atlanta, relating to surplus waterworks property; and for other purposes.
HB 704. By Messrs. Reed, Holcombe and Willingham 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 705. By Messrs. Holcombe, Reed and Willingham of Cobb:
A Bill to be entitled an Act to amend an Act incorporating the Town of Austell; and for other purposes.
THURSDAY, JANUARY 30, 1958
319
HB 706. By Messrs. Holcombe, Reed and Willingham of Cobb:
A Bill to be entitled an Act to amend an Act incorporating the City of Powder Springs; and for other purposes.
HB 710. By Mr. Harper of Gilmer:
A Bill to be entitled an Act to incorporate and establish the City of Ellijay in the County of Gilmer; and for other purposes.
HB 711. By Mr. Harper of Gilmer:
A Bill to be entitled an Act to incorporate and establish the City of Ellijay; 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 fol lowing bills of the House, to wit:
HB 722. By Mr. Ingle of Gordon:
A Bill to be entitled an Act to amend the charter of the City of Calhoun providing for the extension of the city limits; and for other purposes.
HB 724 By Mr. Cowart of Calhoun:
A Bill to be entitled an Act to amend an Act relating to the Com missioners of Roads and Revenues of the County of Calhoun; and for other purposes.
HB 725. By Mr. Cowart of Calhoun:
A Bill to be entitled an Act to amend an Act creating a new charter for the Town of Leary; and for other purposes.
HB 726. Br. Mr. Jessup of Bleckley: A Bill to be entitled an Act to amend an Act relating to the salaries of county officers of Bleckley County; and for other purposes.
HB 728. By Mr. Ingle of Gordon: A Bill to be entitled an Act to increase the compensation of the Sheriff of Gordon County; and for other purposes.
HB 729. By Mr. Ingle of Gordon: A Bill to be entitled an Act to provide for a Fire Protection District in Gordon County; and for other purposes.
HB 730. By Mr. Ingle of Gordon: A Bill to be entitled an Act to establish a Recorder's Court for the City of Calhoun; and for other purposes.
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JOURNAL OP THE HOUSE,
HB 731. By Mr. Helms of Atkinson:
A Bill to be entitled an Act to create and establish a County Court of Atkinson County; and for other purposes.
HB 732. By Mr. Helms 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.
HB 733. By Mr. Helms of Atkinson:
A Bill to be entitled an Act to amend an Act creating the office of tax commissioner of Atkinson County; and for other purposes.
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 fol lowing bills of the House, to wit:
HB 738. By Messrs. Carlisle, McKenna and Wilson of Bibb:
A Bill to be entitled an Act to amend the charter of the City of Macon relating to the Clerk; and for other purposes.
HB 741. By Messrs. Murr and Jones of Sumter:
A Bill to be entitled an Act to repeal an Act entitled Sumter County Employees Pension System and Fund; and for other purposes.
The following message was received from the Senate through Mr. Stewart, Secretary thereof:
Mr. Speaker:
The Senate has adopted by the requisite constitutional majority the fol lowing resolutions of the Senate and House, to wit:
SR 114. By Senator Brown of the 52nd: A Resolution to request the Institute of Law and Government of the School of Law of the Univ. of Georgia to study the fact-finding and other staff services of the Legislature of other states and to re port the results of its study to the members of the 1959 General Assembly; and for other purposes.
HR 357. By Mr. Short of Colquitt: A Resolution relative to the 75th Anniversary of the Federal Civil Service System; and for other purposes:
SR 115. By Senators Langdale of the 6th, Wilson of the 23rd and Gill of the 13th: A Resolution authorizing payment for the committee investigating the "Illegal Liquor Campaign Fund"; and for other purposes.
THURSDAY, JANUARY 30, 1958
321
jji
The following message was received from the Senate through Mr. Stew-
3? art, the Secretary thereof:
'V Mr. Speaker:
The Senate has passed by substitute by the requisite constitutional ma jority the following bill of the House, to wit:
HB 656. By Messrs. Blalock and Lee of Clayton:
A Bill to be entitled an Act to amend an Act consolidating the of fices of Tax Receiver and Tax Collector of Clayton County into one office of Tax Commissioner; 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 114. By Senator Brown of the 52nd:
A Resolution to request the Institute of Law and Government of the School of Law of the University of Georgia to study the fact-finding and other staff services of the Legislature of other states; and for other purposes.
Referred to the Committee on State of Republic.
SR 115. By Senators Langdale of the 6th, Wilson of the 23rd and Gill of the 13th:
A Resolution authorizing payment of the committee investigating the "Illegal Liquor Campaign Fund"; and for other purposes.
Referred to the Committee on State of Republic.
SB 184. By Senator Trotter of the 37th:
A Bill to be entitled an Act to amend an Act relating to the holding of Superior Courts, so as to change the provisions relating to where Superior Court may be held; and for other purposes.
Referred to the Committee on Judiciary.
SB 213. By Senators Cox of the 50th, Brown of the 19th and Ellard of the 31st:
A Bill to be entitled an Act to provide that any person, firm or corporation that shall sell, give or make available any dynamite cap or like device to a minor shall be guilty of a misdemeanor; and for other purposes.
Referred to the Committee on Agriculture.
SB 214. By Senator Kelley of the 10th:
A Bill to be entitled an Act to amend Code Section 24-3406 pertaining to deposit of costs required in divorce cases, as amended, and for other purposes.
Referred to the Committee on Judiciary.
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JOURNAL OF THE HOUSE,
SB 230. By Senator Williams of the 51st:
A Bill to be entitled an Act to amend an Act creating a Board of County Commissioners for the County of Houston; and for other purposes.
Referred to the Committee on Local Affairs.
The following Resolution of the House was read and adopted:
HR 371. By Mr. Hawkins of Screven:
A RESOLUTION
Inviting Dr. Ross A. McFarland to address the General Assembly; and for other purposes.
WHEREAS, Dr. Ross A. McFarland, Associate Professor of In dustrial Hygiene, Harvard School of Public Health; Director of the Commission of Accidental Trauma, Armed Forces Epidemiological Board, Department of Defense; a member of the Medical Aspects of Automobile Injuries and Deaths of the American Medical Associa tion and also a member of the Committee on the Prevention of Traf fic Accidents of the Massachusetts Medical Society, and
WHEREAS, he is generally regarded as one of the foremost experts in the country on the medical aspects of automobile injuries and deaths, and
WHEREAS, it would be of great benefit and advantage to the members of the General Assembly to hear an address by Dr. McFarland,
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that Dr. Ross A. McFarland is hereby extended an invitation to address a joint session of the House and Senate on February 10th, 1958 at eleven o'clock.
BE IT FURTHER RESOLVED that the Lieutenant Governor and the Speaker of the House arrange with Dr. McFarland for his appearance and make whatever arrangements are necessary thereto.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a copy of this Resolution to Dr. McFar land.
The following Resolutions of the House were read and referred to the Committee on Agriculture:
HR 372. By Mr. Underwood of Montgomery:
A RESOLUTION
Relative to the inspection of livestock slaughtered in this State; and for other purposes.
WHEREAS, The inspection of domestic livestock slaughtering establishments in this State is performed by the Federal Government as to those slaughtering establishments engaged in interstate com merce, and as a result of said inspection the products thereof are readily acceptable as to sanitation and grade; and
THURSDAY, JANUARY 30, 1958
323
WHEREAS, those livestock slaughtering establishments engaged in intrastate shipments are not able to obtain such free inspection, and as a result thereof are placed in an unfair position of competing with graded products; and
WHEREAS, such establishments engaged in intrastate business purchase almost all of their livestock from Georgia growers and pro ducers ; and
WHEREAS, an inspection system for such intrastate slaughtering establishments would enable independent slaughtering establishments to compete with those engaged in interstate commerce, thereby re sulting in an increased demand for Georgia grown and produced live stock; and
WHEREAS, the growing and production of livestock is one of the few uses that can be made of farm lands in this state, resulting from the reduced acreage allotment participation in the soil bank program and acreage reserve program;
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Governor is hereby authorized to make the necessary funds available to the State Department of Agriculture to provide an inspection system for those slaughtering establishments in Georgia unable to qualify for federal inspection. The Department of Agriculture is further authorized in the inspec tion of such establishments to adopt appropriate grading standards, so as to indicate on each carcass inspected the grade and quality thereof.
HR 373. By Mr. Adams of Evans:
A RESOLUTION
Relative to Hog Cholera Eradication; and for other purposes.
WHEREAS, the income received by the farmers of this State from the production of swine is a vital factor in stabilizing the economy of the farmers of this State; and
WHEREAS, under existing methods of control Hog Cholera can be eradicated by concentrated effort on behalf of swine producers and within the framework of the existing law relating to livestock disease eradication; and
WHEREAS, the farmers of this State are faced with a very rigid price squeeze situation resulting from the efforts of the Fed eral Government to maintain flexible parities and a refusal on the part of the Federal Government to recognize the problems of the small farmers in this nation; and
WHEREAS, swine production is one of the more profitable means of harvesting and marketing grain crops of the farmers of this State;
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Governor of this State is hereby requested and authorized to make available to the State Department of Agriculture the funds necessary to enable the Department of Agri-
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JOURNAL OF THE HOUSE,
culture to embark on a program of Hog Cholera Eradication within the framework of existing law. The Governor is further authorized to utilize such sum as is available from the unappropriated funds of this State, so that Hog Cholera may be eradicated at the earliest possible date.
The following Resolution of the House was read and referred to the Com mittee on Ways and Means:
HR 374. By Messrs. Moate of Hancock and Jessup of Bleckley:
A CONCURRENT RESOLUTION MEMORALIZING THE CONGRESS OF THE UNITED STATES TO ENACT LEGIS LATION PROVIDING FOR THE REPEAL OF THE FED ERAL EXCISE TAX UPON THE TRANSPORTATION OF PASSENGERS AND FREIGHT.
WHEREAS, the Federal excise tax upon the transportation of passengers and freight was adopted in 1942 as a wartime tax to dis courage the movement of civilian passengers and freight during World War II; and
WHEREAS, today, twelve years after the cessation of hostilities, there continues a ten per cent levy on the transportation of passengers and a three per cent levy on the transportation of property, which taxes while collected by the common carrier of transportation by rail, by highway, by water and in the air, are imposed upon and collected from the users of such transportation; and,
WHEREAS, millions of dollars in revenues are paid to the State of Georgia by those common carriers; and,
WHEREAS, the tax upon the transportation of freight by reason of the transportation of raw materials to the point of manufacture and from the point of manufacture to processing and ultimate dis tribution to the consumer, frequently has a cumulative effect re sulting in a heavy and burdensome tax upon the finished product and the consumer thereof; and,
WHEREAS, such excise taxes on transportation by reason of the distance from the State of Georgia and the markets for Georgia products, agricultural, horticultural and manufactured, impose a heavy and undue burden upon Georgia shippers and also tend to burden tourist travel to and from the State of Georgia; and,
WHEREAS, the continuance of Federal excise taxes upon com mon carrier transportation of persons and property is no longer nec essary; NOW, THEREFORE,
BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF THE STATE OF GEORGIA, THE SENATE CONCURRING:
That we respectfully urge and request the Congress of the United States to enact legislation which will provide for the repeal of the Federal excise taxes upon the transportation of persons and property.
BE IT RESOLVED that the Secretary of State be directed to transmit a copy of this resolution to the President of the United States, the Vice President of the United States, the Speaker of the
THURSDAY, JANUARY 30, 1958
325
House of Representatives of the Congress of the United States, and each member of the Georgia delegation in the United States House of Representatives and the United States Senate and to the respective houses of the legislatures of the several states of the United States.
Under the regular order of business, the following bill of the House and Senate were taken up for consideration and read the third time:
HB 735. By Messrs. Brennan, Cheatham and Eyler of Chatham:
A Bill to be entitled an Act to amend an Act comprehensively and exhaustively superseding and revising the laws relating to the State Game and Fish 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 roll call was ordered and the voting was as follows:
Those voting in the affirmative were Messrs.:
Adams
Ballard
Barber
Barrett
;
Birdsong
Blalock of Coweta
Bodenhamer
Bolton
Brackin
Bradley
Brennan
Brooks of Fulton
Broome
Cagle
Callier
A. Campbell of
Walker
W. Campbell of
Walker
Carlisle
Carr
Carter
Chastain
Cheatham
Coalson
Cocke
Cowart
Craven
Denmark
Dorminy Duncan Elder Ellis Eyler Flynt Fowler of Douglas Fowler of Treutlen Frazier Freeman Fuqua Green of Rabun Greene of Bartow Grimsley Gross of Stephens Gunter Hall of Lee Hall of Floyd Harper Harrison Hawkins Helms Hodges of Ware Hodges of Butts Hogan Holcombe Holley Hurst Ingle
Irvin Johnson Jones of Lumpkin Jones of Laurens Kelley Key Kimmons King Lam Lancaster Lanier Lokey Long Lott Mackay Matthews Miles Miller of Elbert Mobley Moorman Moss Murphy McClelland McCracken McGibony McKenna McWhorter Neese Newton
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JOURNAL OF THE HOUSE,
Nilan Odom Orr Parker of Ware Payton Pel'ham Perry Peters Pickett Ramsey Ray Rodgers of Charlton Rogers of Heard
Ross Roughton Rutland Sivell Smith of Emanuel Smith of Fulton Smith of Whitfield Story Summers Tabb Tamplin Taylor Todd
Truelove Twitty Underwood Veal Walker of Lowndes White Willingham Willis Wooten Wright of Dodge Yandle
On the passage of the bill, the ayes were 124, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
SB 120. By Senator Brown of the 52nd:
A Bill to be entitled an Act to regulate the advertising or offering for sale of merchandise, commodities or services with the intent not to sell such merchandise; 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 Ballard Barrett Birdsong Black
Blalock of Coweta Bodenhamer Brackin Bradley Brennan Brooks of Fulton B udd Burkhalter Busbee Cagle Caldwell Callier
W. Campbell of Walker
Carlisle Cheatham Coalson Cowart
Craven Crummey Dorminy Echols Elder Ellis Eyler Fellows Flynt Fordham Fowler of Douglas Fowler of Treutlen
Frazier Freeman Fuqua Green of Rabun Greene of Bartow Grimsley
Gross of Stephens Hall of Lee Hall of Floyd Hardaway Harper Harrison Hodges of Ware Hodges of Butts Hogan Holcombe Holley Holloway
THURSDAY, JANUARY 30, 1958
327
Hurst Ingle Irvin Jones of Lumpkin Jones of Laurens Jones of Crawford Kelley Key Lam Lancaster Lanier Larkins Lokey Long Love Mackay Mann Matthews Miles Miller of Elbert Moorman Moss
Murphy McClelland McCracken McGibony McKenna Newton Nichols Odom Parker of Pike Parker of Ware Payton Pelham Perry Peters Phillips of Columbia Pickett Ramsey Roberts Rodgers of Charlton Rogers of Heard Ross Rowland
Rutland Sivell Smith of Porsyth Smith of Lamar Smith of Fulton Smith of Whitfield Story Summers Tabb Tamplin Taylor Todd Truelove Twitty Veal Walker of Lowndes Wells Willingham Wooten Wright of Dodge
Those voting in the negative were Messrs:
Barber Baughman
Chastain Griffith
Hawkins Kidd
Underwood
On the passage of the bill, the ayes were 118, nays 7.
The bill, having received the requisite constitutional majority, was passed.
The following resolution of the House was read and adopted:
HR 381. By Mr. Barber of Jackson:
A RESOLUTION
Commending Dr. M. D. Collins; and for other purposes:
WHEREAS, after having faithfully served for twenty-five years, Dr. M. D. Collins has resigned as State Superintendent of Schools^ and
WHEREAS, during these twenty-five years of service, a multi tude of outstanding accomplishments are credited to his assistance among them being the Minimum Foundation Program of Education', state teacher salary schedule, expanded vocational education and vo cational rehabilitation, organization of curriculum, the teacher retire ment system, the high school program for veterans and an audio visual program with the largest library of education film of any state in the Union; and
WHEREAS, he is recognized for his varied career in public serv ice, having served as an editor, teacher, county school superintendent and an ordanied Baptist minister, and
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JOURNAL OF THE HOUSE,
WHEREAS, he is the oldest State Superintendent of Schools in the nation in the point of service and has served as President of the Southern Association of State School Superintendents and of the National Association of State School Superintendents, and
WHEREAS, Honorable Marvin Griffin, Governor, has appoint ed him as State Superintendent of Schools Emeritus,
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body commends Dr. M. D. Collins for the outstanding and inspiring record he has made in service to the school children and citizens of this State during the twentyfive years he has served as State Superintendent of Schools. The House of Representatives expresses appreciation for his untiring efforts towards improving the public school system of this State and wishes for Dr. Collins great success in his new office as State Su perintendent of Schools Emeritus.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit an appropriate copy of this resolution to Dr. Collins.
By unanimous consent, the Clerk was ordered to establish a true copy of HB 162 since the original copy had been lost.
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 Mr. Alien of Bulloch:
A Bill to be entitled an Act to amend an Act relating to the licensing of aliens to practice medicine or pharmacy in this State; and for other purposes.
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.:
Adams Alien Bagby Ballard Barber Birdsong Black
Blalock of Coweta Bodenhamer
Brennan Brooks of Fulton Budd Busbee Cagle Caldwell W. Campbell of
Walker Carlisle
Carswell Carter Chastain Cheatham Cheek Cloud Coalson
Cocke Cowart
THURSDAY, JANUARY 30, 1958
329
Craven Echols Elder Ellis Eyler Fellows Flynt Fordham Fowler of Douglas Fowler of Treutlen Fuqua Green of Rabun Greene of Bartow Griffith Grimsley Gross of Stephens Hall of Lee Hall of Floyd Harper Hawkins Helms Hodges of Ware Hodges of Butts Hogan Holcombe Holley Holloway Ingle Irvin Johnson Jones of Wayne Jones of Lumpkin
Jones of Baker Jones of Laurens Kelley Kidd Killian Kimmons King Lam Lancaster Land Lee Lokey Lott Mackay Matthews Miles Mobley Moorman Moss Murphy Murr McClelland McCracken McGibony McKenna Newton Nichols Nilan Orr Palmer Parker of Pike Parker of Ware
Parker of Appling Payton Pelham Perkins Pickett Ray Roberts Rodgers of Charlton Rogers of Heard Ross Russell Sheffield Singer Smith of Forsyth Smith of Emanuel Smith of Lamar Smith of Fulton Story Tabb Tamplin Taylor Twitty Underwood Veal Walker of Lowndes Wells Willingham Wilson Wooten Yandle
Those voting in the negative were Messrs.:
McWhorter
Ramsey
On the passage of the bill, the ayes were 121, nays 2.
The bill, having received the requisite constitutional majority, was passed.
HB 697. By Messrs. Yandle of Toombs, Underwood of Montgomery and Todd of Glascock:
A Bill to be entitled an Act to amend Code Section 32-1003 relating to the filling of vacancies in the office of county superintendent of schools, so as to change the provisions for filling the vacancies and procedure connected therewith; and for other purposes.
The following amendment was read and adopted:
Mr. Carlisle of Bibb moves to amend HB 697 as follows:
By adding thereto a new section, to be appropriately numbered, as follows:
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JOURNAL OP THE HOUSE,
"This Act shall not apply to public school systems estab lished prior to the adoption of the Constitution (of Georgia) 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 roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Bagby Ballard Barber Birdsong Black Blalock of Coweta Bodenhamer Bradley Brooks of Pulton
Broome Budd Cagle W. Campbell of
Walker Carlisle Carter Cheatham Cheek Coalson Cowart Craven Dorminy Elder Ellis Eyler Fellows Flynt Fowler of Douglas Fowler of Treutlen Frazier Freeman Fuqua Green of Rabun Greene of Bartow Griffith Grimsley Gross of Stephens Gunter
Hall of Lee Harper Harrison Helms Hill Hodges of Ware Hodges of Butts Hogan Holcombe Huddleston Hurst Ingle Irvin Johnson Jones of Wayne Jones of Worth Jones of Lumpkin Jones of Laurens Jones of Crawford Kelley Kidd Killian King Lam Lancaster Lanier Lee Lokey Long Lott Love Mackay Mann Matthews Miles Miller of Twiggs Miller of Elbert Mobley Moorman
Murphy McClelland McGibony McKenna McWhorter Neese Newton Nichols Nilan Orr Overby Palmer Parker of Pike Parker of Ware Parker of Appling
Payton Pelham Perkins Perry Pickett Ramsey Ray Roberts Rodgers of Charlton Rogers of Heard Ross Roughton Russell Rutland Sheffield Short Singer Sivell Smith of Forsyth Smith of Lamar Smith of Fulton Smith of Whitfield Stephens Story
THURSDAY, JANUARY 30, 1958
331
Tabb Tamplin
Truelove Twitty
Underwood Veal
Walker of Lowndes Wells
Willingham Wilson
Wooten Yandle
Those voting in the negative were Mr.: Rowland
On the passage of the bill, as amended, the ayes were 130, nays 1.
The Bill, having received the requisite constitutional majority, was passed, as amended.
The following Bill of the House was taken up for the purpose of consider ing the Senate substitute thereto:
HB 656. By Messrs. Blalock and Lee of Clayton:
A Bill to be entitled an Act to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Clayton County into one of fice of Tax Commissioner; and for other purposes.
The following Senate substitute was read:
AN ACT
To amend an Act consolidating the offices of Tax Receiver and Tax Collector of Clayton County into the one office of Tax Commis sioner of Clayton County, approved August 18, 1925 (Ga. Laws 1925, p. 600) as amended, so as to provide that the Tax Commissioner shall be Ex-Officio Sheriff for the purpose of collecting tax executions; to provide the procedure connected therewith; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1
An &ct consolidating the offices of Tax Receiver and Tax Col lector of Clayton County into the one office of Tax Commissioner of Clayton County, approved August 18, 1925 (Ga. Laws 1925, p. 600) is hereby amended by adding three new sections to be known as Section 2-A, 2-B, and 2-C, to read as follows:
"Section 2-A. The Tax Commissioner of Clayton County shall be Ex-Officio Sheriff insofar as to enable him to collect the taxes due the State and County by levy and sale under tax executions and said Tax Commissioner shall not be allowed to turn over any tax executions to the Sheriff or to any other levying of ficials except when it may become necessary for the purpose of enforcing the same to send said executions to any other county or counties other than the one in which issued. Said Tax Com missioner as Ex-Officio Sheriff shall have full power and au thority to levy and collect all tax executions heretofore or here after issued by him. Said Tax Commissioner as Ex-Officio
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JOURNAL OF THE HOUSE,
Sheriff shall have full power and authority to sell property for the purpose of collecting taxes due the State and County. It is the purpose of this Section to grant the Tax Commissioner same power and authority as possessed by the Sheriff relative to tax executions."
"Section 2-B. All taxes, interest and penalties due to the Tax Collector of Clayton County and all executions for taxes, in terest or penalties issued by him shall be due and payable to the Tax Commissioner and shall be valid and enforceable by him as issued."
"Section 2-C. The Tax Commissioner of Clayton County shall have the power to appoint one or more deputies, who shall be vested with the same powers as the Tax Commissioner with respect to levy and collection as is vested by law in tax collectors and the said tax commissioner shall be responsible for the acts of said deputies."
SECTION 2
Be it further enacted that all laws and parts of laws in conflict with this Act are hereby repealed.
SECTION 3
A copy of the notice of intention to apply for this local legislation is attached hereto and made a part of this Bill, and it is hereby declared by the authority aforesaid that all of the requirements of law relat ing to the notice of intention to apply for passage of local legisla tion have been complied with for the enactment of this law.
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLA TION:
Notice is hereby given that it is our intention to introduce at the 1958 session of the General Assembly of Georgia, a Bill for the purpose of providing that the Clayton County Tax Commissioner will be made an ex officio Sheriff for the purpose of collection and handling tax fi fas; and for other purposes.
This 18th day of December, 1957.
E. A. FOSTER, Senator EDGAR BLALOCK, Representative
W. J. LEE, Representative Members of General Assembly from Clayton County
1-8
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, William J. Lee, who, on oath, de poses and says that he is Representative from Clayton County, and that the attached copy of Notice of Intention to Introduce local Legislation was published in the Forest Park Free Press & Clayton County News & Farmer which is the official organ of said County, on the following dates: Dec. 18, 26, 1957 and Jan. 2, 1958.
/s/ William J. Lee Representative, Clayton County
THURSDAY, JANUARY 30, 1958
333
Sworn to and subscribed before me this 14 day of January, 1958,
/s/ Janette Hirsch Notary Public Notary Public, Georgia, State at Large
My Commission Expires October 4, 1960
(Seal)
Mr. Lee of Clayton 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 Bagby Ballard Barber Barrett Birdsong Black Blalock of Coweta Bodenhamer Brennan Brooks of Oglethorpe Brooks of Fulton Broome Budd Busbee Cagle W. Campbell of
Walker Carlisle Carswell Carter Chastain Cheatham Cheek Coalson Cowart Craven Dorminy Elder Ellis Eyler Fellows Flynt Fowler of Douglas Fowler of Treutlen Fuqua Greene of Bartow Griffith Grimsley
Gross of Dade Hall of Floyd Hardaway Harper Harrison Hawkins Helms Hill Hodges of Ware Hodges of Butts Hogan Holcombe Holloway Huddleston Hurst Ingle Irvin Johnson Jones of Wayne Jones of Lumpkin Jones of Laurens Jones of Crawford Kelley Key Kidd Killian Kimmons King Lam Lancaster Lee Lokey Long Love Lott Mackay Mann Matthews Miles
Miller of Twiggs Miller of Elbert Mobley Moorman Morris Moss Murphy McClelland McCracken McGibony McKenna McWhorter Neese Newton Nichols Nilan Orr Palmer Parker of Ware Parker of Appling Payton Pelham Perkins Peters Pickett Ramsey Ray Reed Roberts Rogers of Heard Roughton Rowland Russell Rutland Sheffield Short Singer Sivell Smith
334
JOURNAL OF THE HOUSE,
Stephens Story Tamplin Taylor Truelove
Twitty Underwood Veal Walker of Lowndes Wells
Willingham Wilson Wooten Wright of Dodge Yandle
On the motion to agree, the ayes were 131, nays 0.
The Senate substitute was agreed to.
The following Resolution of the House was taken up for consideration and read:
HR 245-635c. By Mr. Rogers of Heard:
A RESOLUTION
WHEREAS, the Honorable Frank G. Birdsong has served the people of Troup County favorably, honorably and beyond the duties required of him during his many years of service in The General Assembly of Georgia, and
WHEREAS, so many bridges and roads have been built in Troup County due to his untiring efforts and diligent persistence, and
WHEREAS, Troup County is a better place in which to live be cause of the unselfish efforts put forth by this honorable gentleman.
NOW, THEREFORE, LET IT BE RESOLVED BY THE GEOR GIA HOUSE OF REPRESENTATIVES that the bridge over the Chattahoochee River on State Route 109, Troup County, Georgia, between LaGrange, Georgia and Roanoke, Alabama, be named for this honorable gentleman; and it shall henceforth be known as the Frank G. Birdsong Bridge.
FURTHER, BE IT RESOLVED that the State Highway De partment of Georgia be directed to cause to be erected a plaque, sign or other marker describing this bridge as aforesaid.
FURTHER, BE IT RESOLVED that a copy of this resolution be forwarded to the Honorable Frank G. Birdsong, and to the Board of Commissioners of Roads and Revenue of Troup County.
The resolution was adopted.
Mr. Hawkins of Screven moved that the House do now adjourn until 10:00 o'clock, a.m., February 3, 1958, and the motion prevailed.
The Speaker announced the House adjourned until 10:00 o'clock Monday morning.
MONDAY, FEBRUARY 3, 1958
335
Representative Hall, Atlanta, Georgia Monday, February 3, 1958
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 Daily, Pastor of the First Baptist Church, Sparta, Georgia.
The roll was called and the following members answered to their names
Adams Alien Bagby Ballard Barber Barrett Baughman Birdsong Black Blalock of Coweta Blalock of Clayton Bodenhamer Boggs Bolton Brackin Bradley Brennan Brooks of Oglethorpe Brooks of Fulton Broome Budd Busbee Cagle Caldwell Callier A. Campbell of
Walker W. Campbell of
Walker Carlisle Carr Carswell Chastain Cheatham Cheek Cloud Coalson Cocke Cowart Craven Denmark Dorminy Duncan
Echols Elder Ellis Eyler Fellows Fordham Fowler of Douglas Fowler of Treutlen Frazier Fuqua Gowen Green of Rabun Greene of Bartow Grimsley Gross of Stephens Gross of Dade Gunter Hall of Lee Hall of Floyd Hardaway Harper Harrison Hawkins Helms Henderson Hill Hodges of Ware Hodges of Butts Hogan Holcombe Holley Holloway Huddleston Hurst Ingle Irvin Johnson Jones of Wayne Jones of Worth Jones of Lumpkin Jones of Baker Jones of Laurens Jones of Sumter
Jones of Crawford Kelley Kennedy Killian Kimmons King Lam Lancaster Land Lee Lindsey Lokey Lott Love Mackay Mann Martin Matthews
Miles Miller of Twiggs Miller of Elbert Mobley Moorman Morris Moss Mull Murphy Murr Musgrove McClelland McGibony McKenna McWhorter Neese Newton Nichols
Nilan Odom Orr Overby Palmer Parker of Pike Parker of Ware
336
JOURNAL OF THE HOUSE,
Parker of Appling Payton Pelham Perkins Perry Peters Phillips of Walton Pickard Pickett Ramsey Raulerson Ray Reed Roberts Rodgers of Charlton Rogers of Heard Ross Rowland
Russell Rutland Scoggin Short Singer Sivell Smith of Porsyth Smith of Lamar Smith of Whitfield Smith of Bryan Stephens Story Summers Tabb Tamplin Tarpley Taylor Truelove
Twitty Underwood Walker of Lowndes Watson Weems Wells White Willingham Willis Wilson Winkle Wooten Wright of Dodge Wright of Floyd Yandle Young
Mr. Black of Webster, Chairman of the Committee on Auditing, Enrolling and Engrossing, Journals, reported that the Journal of last Thursday's pro ceedings 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.
2. First reading and reference of House Bills and Resolutions.
3. Reports of standing committees.
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 gen eral calendar in any order he deems advisable.
Under the provisions of HR 204, the Speaker appointed as a committee of escort on the part of the House, the following members:
Messrs. Twitty of Mitchell, Smith of Emanuel, Ray of Warren and Duncan of Carroll.
By unanimous consent, the following Bills and Resolutions of the House were read the first time and referred to the committees:
HB 882. By Mr. Payton of Coweta: A Bill to be entitled an Act to provide for the licensing of nursing,
MONDAY, FEBRUARY 3, 1958
337
convalescent or boarding homes for nursing care of individuals in this State; and for other purposes.
Referred to the Committee on Public Welfare.
HB 883. By Messrs. Jones of Laurens, Rowland of Johnson, Miller of Twiggs, Hogan of Laurens and Fowler of Treutlen:
A Bill to be entitled an Act to amend an Act placing the SolicitorGeneral of the Dublin Judicial Circuit on a salary basis, so as to change the compensation of the Solicitor-General; and for other pur poses.
Referred to the Committee on Local Affairs.
HB 884. By Messrs. Jones of Laurens, Rowland of Johnson, Miller of Twiggs, Hogan of Laurens and Fowler of Treutlen:
A Bill to be entitled an Act to amend an Act placing the SolicitorGeneral of the Oconee Judicial Circuit on a salary basis; and for other purposes.
Referred to the Committee on Local Affairs.
HB 885. By Messrs. Jones of Laurens, Rowland of Johnson, Miller of Twiggs, Hogan of Laurens and Fowler of Treutlen:
A Bill to be entitled an Act to provide that the County of Treutlen shall become a part of the Dublin Judicial Circuit; to remove the County of Treutlen from the Oconee Judicial Circuit; and for other purposes.
Referred to the Committee on Local Affairs.
HB 886. By Messrs. Payton and Blalock of Coweta:
A Bill to be entitled an Act to authorize and direct the Mayor and Council of the City of Newnan to close Mclntosh Street as a thorough fare in said City; and for other purposes.
Referred to the Committee on Local Affairs.
HB 887. By Mr. Harrison of Franklin:
A Bill to be entitled an Act to amend an Act creating and establish ing a charter and municipal government for the City of Carnesville; to extend the corporate limits; and for other purposes.
Referred to the Committee on Local Affairs.
HB 888. By Mr. Barber of Jackson:
A Bill to be entitled an Act to amend an Act pertaining to fire in surance, so as to provide for the maximum amount of fire insurance which may be issued; and for other purposes.
Referred to the Committee on Insurance.
338
JOURNAL OF THE HOUSE,
HB 889. By Mr. Rowland of Johnson:
A Bill to be entitled an Act to amend an Act creating a Board of Commissioners of Roads and Revenues for the County of Johnson; and for other purposes.
Referred to the Committee on Local Affairs.
HB 890. By Messrs. Holley, Puqua and Miles of Richmond:
A Bill to be entitled an Act to amend an Act relating to county planning and zoning commissions in certain counties; and for other purposes.
Referred to the Committee on Local Affairs.
HB 891. By Messrs. Moate of Hancock, Twitty of Mitchell, Jessup of Bleckley, Hawkins of Screven and Sheffield of Brooks:
A Bill to be entitled an Act to amend an Act relating to the bond required of a licensed distributor of motor fuel, so as to authorize the pledging of certain additional bonds; and for other purposes.
Referred to the Committee on Ways and Means.
HB 892. By Messrs. W. Campbell and A. Campbell of Walker, Hall of Floyd, Pickett of Polk, Bagby of Paulding, Nilan of Muscogee and Gross of Dade:
A Bill to be entitled an Act to authorize the State Board of Educa tion to provide educational and training services for severely men tally retarded children; and for other purposes.
Referred to the Committee of Education.
HB 893. By Mr. Jones of Lumpkin:
A Bill to be entitled an Act to amend an Act consolidating the of fice of Tax Receiver and Tax Collector of Lumpkin County into the office of Tax Commissioner; and for other purposes.
Referred to the Committee on Local Affairs.
HB 894. By Messrs. Rowland of Johnson and Jones of Laurens:
A Bill to be entitled an Act to amend an Act relating to the definition of "Employer" and "Employee" for the purposes of Workmen's Com pensation, so as to include in the definition of employer the counties of this State; and for other purposes.
Referred to the Committee on Industrial Relations.
HR 375-894a. By Messrs. Fowler of Douglas and Ray of Warren:
A Resolution relative to the improvement of the State Farmer's Market; and for other purposes.
Referred to the Committee on Agriculture.
MONDAY, FEBRUARY 3, 1958
339
HR 376-894b. By Mr. Cheatham of Chatham:
A Resolution to compensate A. H. Tuttle for damages; and for other purposes.
Referred to the Committee on Appropriations.
HR 377-894c. By Mr. Overby of Hall:
A Resolution to provide payment to W. W. Richardson for dam ages received in accident; and for other purposes.
Referred to the Committee on Appropriations.
HR 378-894d. By Mr. Broome of Bacon:
A Resolution proposing an amendment to the Constitution, so as to provide for the election of the members of the Board of Education of Bacon County by the people; and for other purposes.
Referred to the Committee on Local Affairs.
HR 379-894e. By Messrs. Budd and Walker of Lowndes:
A Resolution proposing an amendment to the Constitution, so as to provide that the Board of Education of Lowndes County shall be composed of five members elected by the people; and for other pur poses.
Referred to the Committee on Local Affairs.
HR 380-894f. By Mr. Jones of Lumpkin:
A Resolution proposing an amendment to the Constitution, so as to provide for the issuance of bonds for school purposes in Lumpkin County not to exceed ten per cent of the assessed value of the tax able property in Lumpkin County; and for other purposes.
Referred to the Committee on Local Affairs.
HB 895. By Messrs. Roberts and Fellows 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.
Referred to the Committee on Local Affairs.
HB 896. By Messrs. Roberts and Fellows 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 Local Affairs.
HB 897. By Messrs. Matthews of Clarke, Murphy of Haralson, Freeman of Monroe, Roughton of Washington and Muscogee of Clinch:
A Bill to be entitled an Act to be known as "The State Detention Homes
340
JOURNAL OP THE HOUSE,
Act; to authorize the construction of juvenile detention homes in certain areas; and for other purposes.
Referred to the Committee on State of Republic.
HB 898. By Mr. Cheatham of Chatham:
A Bill to be entitled an Act making it a misdemeanor to print for sale or distribution, or to circulate, distribute, publish or offer for sale, any letter, paper, document, notice of intent to bring suit, or other notice or demand, which simulates a form of court or legal process; and for other purposes.
Referred to the Committee on Judiciary.
HB 899. By Messrs. McClelland, M. Smith and Brooks of Fulton:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of East Point to exclude from the City limits certain territory; and for other purposes.
Referred to the Committee on Local Affairs.
HB 900. By Messrs. McClelland, M. Smith and Brooks of Fulton:
A Bill to be entitled an Act to amend an Act establishing a new char ter for the City of College Park; to prescribe its limits; and for other purposes.
Referred to the Committee on Local Affairs.
HB 901. By Messrs. Hawkins of Screven, Sheffield of Brooks and Jessup of Bleckley:
A Bill to be entitled an Act to amend an Act authorizing the Chair man or an official of the State Highway Department to grant special permits to operate motor vehicles which exceed the weight limitations provided by law; to prescribe the fees for such permits; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 902. By Mr. Barber of Jackson:
A Bill to be entitled an Act to provide that it shall be unlawful for the owner or person in possession of land in any county of this State to have or maintain an abandoned open well or hole; and for other purposes.
Referred to the Committee on Natural Resources.
HB 903. By Messrs. Hawkins of Screven, Sheffield of Brooks and Jessup of
Bleckley:
A Bill to be entitled an Act to amend an Act pertaining to the main tenance of overpasses and underpasses which have been constructed in the elimination of grade crossings, so as to provide that as to such overpasses or underpasses which are not constructed for the pur-
MONDAY, FEBRUARY 3, 1958
341
pose of eliminating grade crossings but for the purpose of carrying new and additional highways of the Federal Interstate System over or under existing railroads, the railroads concerned shall not be re sponsible for maintenance; and for other purposes.
Referred to the Committee on Highways.
HB 904. By Mr. Cheatham of Chatham:
A Bill to be entitled an Act making it unlawful to send or deliver, or cause to be sent or delivered any letter, paper, document, notice of intent to bring suit, or other notice or demand, which simulates a form of court or legal process, with intent to lead the recipient or sendee to believe the same to be genuine, for the purpose of obtaining any money or thing of value; and for other purposes.
Referred to the Committee on Judiciary:
HB 905. By Messrs. McClelland, M. M. Smith and Brooks of Fulton:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of College Park; to prescribe its limits; and for other purposes.
Referred to the Committee on Local Affairs.
HB 906. By Messrs. McClelland, M. Smith and Brooks of Fulton:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of College Park; to prescribe its limits; and for other purposes.
Referred to the Committee on Local Affairs.
HB 907. By Mr. Sheffield of Brooks:
A Bill to be entitled an Act to provide for the use of Voting Machines for casting, registering, recording and computing ballots or votes at all elections, including primaries in any and all counties of the State of Georgia, by direct action of the county commissioners, or other governing authorities; and for other purposes.
Referred to the Committee on State of Republic.
HB 908. By Mr. Miller of Twiggs:
A Bill to be entitled an Act to repeal an Act relating to the right of action of a husband for the abduction and harboring of a wife; and for other purposes.
Referred to the Committee on State of Republic.
HB 909. By Messrs. Alien and Fordham of Bulloch:
A Bill to be entitled an Act to amend an Act incorporating the Town of Portal; and for other purposes.
Referred to the Committee on Local Affairs.
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JOURNAL OF THE HOUSE,
HR 382-909a. By Messrs. Hawkins of Screven, Sheffield of Brooks and Jessup of Bleckley:
A Resolution to authorize the State Properties Commission to sell all the right, title and interest which the State of Georgia has in certain land located in Fulton County; to provide for the method of sale; and for other purposes.
Referred to the Committee on State Institutions and Property.
HR 383-909b. By Messrs. Hawkins of Screven, Sheffield of Brooks and Jessup of Bleckley:
A Resolution authorizing the Governor to sell a certain tract of land in Liberty County; and for other purposes.
Referred to the Committee on State Institutions and Property.
The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the follow ing Bills of the Senate, to wit:
SB 177. By Senator Hill of the 54th:
A Bill to be entitled an Act to provide for the relocation of utility facilities when necessitated by Federal-Aid highway projects; pro vide for costs; and for other purposes.
The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate adopted the following Resolutions of the Senate, to wit:
SR 116. By Senators Garrett of the 53rd, Langdale of the 6th and Gillis of the 16th:
A Resolution relative to the improvement of the State Farmer's Market; and for other purposes.
SR 117. By Senators Garrett of the 53rd, Stafford of the 47th and Deen of the 46th:
A Resolution relative to hog cholera eradication; and for other pur poses.
SR 118. By Senators Garrett of the 53rd, Stafford of the 47th and Deen of the 46th:
A Resolution relative to the inspection of livestock slaughtered in this state; and for other purposes.
MONDAY, FEBRUARY 3, 1958
343
By unanimous consent, the following committee reports were submitted and read:
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 House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 736. Do Pass.
HB 829. Do Pass.
Respectfully submitted,
Russell of Barrow,
Chairman.
Mr. Short of Colquitt County, Chairman of the Committee on Local Affairs, submitted the following report:
Mr. Speaker:
Your Committee on Local Affairs 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 :
HB 830. Do Pass. HB 831. Do Pass. HB 832. Do Pass. HB 834. Do Pass. HB 841. Do Pass. HB 845. Do Pass. HB 848. Do Pass. HB 849. Do Pass. HR 351-838c. Do Pass. HR 354-847a. Do Pass. SB 220. Do Pass.
Respectfully submitted, Short of Colquitt, Chairman.
By unanimous consent, the following Bills and Resolutions of the House were read the second time:
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JOURNAL OF THE HOUSE,
HB 850. By Mr. Jones of Laurens:
A Bill to be entitled an Act to amend an Act relating to the right of a minor to a years' support, so as to provide that the marriage of a minor prior to the filing of an application for a years' support shall bar the right to such minor to a years' support; and for other pur poses.
HB 851. By Mr. Orr of Wilkes:
A Bill to be entitled an Act to amend an Act regulating malt beverages, so as to provide that the physical presence of 864 fluid ounces of malt beverages in a public place of business owned or operated by a person, firm or corporation not licensed to deal in such beverages shall be prima facie evidence of possession of such beverages for the purpose of sale by such person, firm or corporation owning or operating such public place of business; and for other purposes.
HB 852. By Messrs. Cloud of Decatur, Jones of Baker, White of Mclntosh, Morris of Tift, Tabb of Lowndes, Black of Webster, Denmark of Liberty, Miller of Twiggs, Phillips of Columbia, Petty of Pulaski and others:
A Bill to be entitled an Act to provide that no person, firm, cor poration, association, order or society shall issue or renew any hospitalization and/or accident or health insurance policy which does not contain therein a provision that the insurer may not cancel, alter or refuse to renew such policy after said policy has been in effect for a period in excess of one year; and for other purposes.
HB 853. By Messrs. Cagle of Pickens, Harper of Gilmer, Long of Murray, Kelley of Dawson, Ingle of Gordon, Raulerson of Echols, and many others:
A Bill to be entitled an Act to amend an Act known as the Georgia Retailers and Consumers Sales and Use Tax Act; so as to provide that the sale and use of medicine by a doctor's prescription shall not be subject to the tax imposed by said Act; and for other purposes.
HB 854. By Messrs. Cheatham, Eyler and Brennan of Chatham:
A Bill to be entitled an Act amending and revising the charter of the Savannah District Authority; authorizing the issuance of reve nue anticipation bonds and certificates of the Authority and fixing the types thereof and the security therefor; and for other purposes.
HB 855. By Messrs. Cagle of Pickens, Bradley of Bartow, Long of Murray, Ingle of Gordon, Kelley of Dawson, Bagby of Paulding, Harper of Gilmer and Parker of Appling:
A Bill to be entitled an Act to prohibit the advertisement of spirituous liquors or distilled spirits or beer or wine; and for other purposes.
HB 856. By Messrs. Willis and Chastain of Thomas:
A Bill to be entitled an Act to amend an Act incorporating the City of Coolidge, in the County of Thomas, relating to the water and light commission; and for other purposes.
MONDAY, FEBRUARY 3, 1958
345
HB 857. By Mr. Fowler of Douglas:
A Bill to be entitled an Act to amend an Act providing for the estab lishment of a Department of Labor, so as to provide for the posting of "help Wanted" advertisements from certain editions of certain out-of-state newspapers in the State employment agencies throughout Georgia; and for other purposes.
HB 858. By Messrs. Miles, Holley and Fuqua of Richmond:
A Bill to be entitled an Act to amend an Act entitled "An Act to establish the City Court of Richmond"; and for other purposes.
HB 859. By Mr. Fowler of Douglas:
A Bill to be entitled an Act to create the Office of Director of Avia tion within the Department of Commerce; and for other purposes.
HB 860. By Messrs. Moss and Story of Gwinnett:
A Bill to be entitled an Act to amend an Act incorporating the Town of Sugar Hill in the County of Gwinnett; and for other purposes.
HB 861. By Mr. Perkins of Grady:
A Bill to be entitled an Act to amend an Act incorporating the City of Cairo, relating to the Mayor; and for other purposes.
HB 862. By Mr. Overby of Hall:
A Bill to be entitled an Act to authorize the Secretary of State to designate employees to accept service; and for other purposes.
HB 863. By Mr. McCracken of Jefferson:
A Bill to be entitled an Act to authorize the Ordinary to return to the parties to a marriage the license and the return thereon when the same shall have been recorded as provided by law; and for other purposes.
HB 864. By Messrs. Cheatham, Eyler and Brennan of Chatham:
A Bill to be entitled an Act to amend an Act incorporating and creat ing a charter for the City of Port Wentworth, so as to authorize said City to create a Municipal Planning Commission; and for other purposes.
HB 865. By Messrs. M. M. Smith, McClelland and Brooks of Fulton:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Atlanta; and for other purposes.
HB 866. By Messrs. M. M. Smith, McClelland and Brooks of Fulton:
A Bill to be entitled an Act to amend an Act entitled "An Act to pro hibit the State of Georgia or any Department thereof or any po litical subdivision thereof from employing in any agency of the
346
JOURNAL OF THE HOUSE,
State of Georgia any alien except where there is no qualified Ameri can Citizen available; and for other purposes.
HB 867. By Messrs. Bolton of Spalding and Russell of Barrow:
A Bill to be entitled an Act to authorize and direct the State Reve nue Commissioner to prepare a pamphlet relative to sales tax rules, regulations, directives and orders; and for other purposes.
HB 868. By Mr. Bolton of Spalding:
A Bill to be entitled an Act to amend an Act relating to the procedure for the revision of permanent alimony judgments, so as to provide that no petition may be filed under this Act within a period of two years from the date of the final judgment; and for other purposes.
HB 869. By Mr. Bolton of Spalding:
A Bill to be entitled an Act to amend an Act providing for a tax upon the sale, use or disposition of cigars and cigarettes; and for other purposes.
HB 870. By Messrs. McClelland, M. M. Smith and Brooks of Pulton:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of East Point in Fulton County by annexing additional land in the City of East Point; and for other purposes.
HB 871. By Messrs. McClelland, Brooks and M. M. Smith of Fulton:
A Bill to be entitled an Act to amend an Act establishing a new char ter for the City of East Point; and for other purposes.
HB 872. By Messrs. McClelland, Brooks and M. Smith of Fulton:
A Bill to be entitled an Act to amend an Act establishing a new char ter for the City of East Point by annexing additional land in the City of East Point; and for other purposes.
HB 873. By Messrs. Bolton and Lindsey of Spalding, Huddleston of Fayette and Echols of Upson:
A Bill to be entitled an Act to amend an Act providing a salary for the official court reporter of the Griffin Judicial Circuit; and for other purposes.
HB 874. By Messrs. Miller of Elbert, Palmer of Mitchell, McGibony of Greene, Busbee of Dougherty, White of Mclntosh and many others:
A Bill to be entitled an Act to amend an Act relating to the qualifi cations of applicants for examination to practice Chiropractic; and for other purposes.
HR 359-874a. By Messrs. McClelland, Brooks and M. Smith of Fulton: A Resolution proposing an amendment to the Constitution, so as to
MONDAY, FEBRUARY 3, 1958
347
authorize the governing authority of the City of East Point to appropriate and expend public funds of said City as said authority may determine to be prudent and advisable; and for other purposes.
HR 360-874b. By Messrs. McClelland, Brooks and M. M. Smith of Fulton:
A Resolution proposing an amendment to the Constitution, so as to authorize the City of East Point to issue and sell revenue anticipation obligations subject to terms of the "Revenue Certificate Law of 1937"; and for other purposes.
HR 361-874c. By Mr. Cheatham of Chatham:
A Resolution proposing compensation to the American News Company for damages to one of their trucks; and for other purposes.
HR 862-874d. By Mr. Fowler of Douglas:
A Resolution proposing an amendment to the Constitution, so as to provide for the issuance of bonds for road purposes in Douglas County not to exceed ten per cent of the assessed value of the taxable property in Douglas County; and for other purposes.
HR 363-874e. By Messrs. Carlisle, McKenna and Wilson of Bibb:
A Resolution proposing an amendment to the Constitution to create and abolish municipal or county or combined governments within the limits of Bibb County; and for other purposes.
HR 364-874f. By Mr. Jones of Wayne:
A Resolution proposing an amendment to the Constitution, so as to provide for the election of the members of the Board of Education of Wayne County by the people; and for other purposes.
HB 875. By Messrs. Wells of Peach, Rowland of Johnson and Veal of Putnam:
A Bill to be entitled an Act to provide and fix the salaries of the official Court Reporters of the Judicial Circuits of the Superior Courts to be paid by the State of Georgia; and for other purposes.
HB 876. By Messrs. Green and Bradley of Bartow, Long of Murray, Smith and Winkle of Whitfield:
A Bill to be entitled an Act to amend an Act placing the SolicitorGeneral of the Cherokee Judicial Circuit on a salary basis in lieu of a fee basis; and for other purposes.
HB 877. By Mr. Tarpley of Union:
A Bill to be entitled an Act to amend an Act pertaining to the resi dence of a petitioner for divorce; and for other purposes.
HR 368-877a. By Mr. Kennedy of Turner: A Resolution proposing an amendment to the Constitution, so as to
348
JOURNAL OF THE HOUSE,
provide for the election of members of the Board of Education of Turner County by the people; and for other purposes.
HB 878. By Mr. Wright of Dodge:
A Bill to be entitled an Act to amend an Act creating the office of Commissioner of Roads and Revenues for Dodge County, so as to change the compensation of the Clerk of the Commissioners; and for other purposes.
HB 879. By Mr. Wright of Dodge:
A Bill to be entitled an Act to amend an Act creating the office of Tax Commissioner of Dodge County; and for other purposes.
HB 880. By Mr. Wright of Dodge:
A Bill to be entitled an Act to amend an Act supplementing the compensation of the Ordinary of Dodge County; and for other pur poses.
HB 881. By Messrs. Hawkins of Screven and Jessup of Bleckley:
A Bill to be entitled an Act to amend an Act creating a Department of Public Safety, so as to redefine law enforcement and other powers of said department; to provide for utilization of the services of For estry Investigators, Wildlife Rangers and other law enforcement of ficers; and for other purposes.
HR 369-881a. By Messrs. Hawkins of Screven, Jessup of Bleckley and Sheffield of Brooks:
A Resolution proposing an amendment to the Constitution, so as to authorize the levying of taxes for the purpose of paying retirement benefits, costs of administration and other benefits to the Peace Officers; and for other purposes.
HR 370-881b. By Mr. Hawkins of Screven: A Resolution to compensate Mr. Alexander J. Horak; and for other purposes.
By unanimous consent, the following Bills and Resolutions of the House and Senate were taken up for consideration and read the third time:
HB 830. By Messrs. Pickard, Nilan and Young of Muscogee:
A Bill to be entitled an Act to establish a metropolitan planning district for the City of Columbus and Muscogee County; and for other purposes.
The report of the committee which was favorable to the passage of the bill, was agreed to.
On the passage of the Bill, the ayes were 157, nays 0.
MONDAY, FEBRUARY 3, 1958
349
The Bill, having received the requisite constitutional majority, was passed.
HB 831. By Mr. Barrett of Cherokee:
A Bill to be entitled an Act to authorize and empower the govern ing authorities of certain counties to license amusement machines or devices, commonly known as pin ball machines, to provide a pro cedure for the enforcement of this Act; and for other purposes.
The report of the committee which was favorable to the passage of the bill, was agreed to.
On the passage of the Bill, the ayes were 157, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 832. By Messrs. Nilan, Pickard and Young of Muscogee:
A Bill to be entitled an Act to amend an Act to provide a permanent pension fund for present and future employees; 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 157, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 834. By Messrs. Gunter and Overby 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 157, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 841. By Messrs. Smith, McClelland and Brooks of Fulton: 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 157, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
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JOURNAL OF THE HOUSE,
HB 845. By Mr. Smith of Emanuel:
A Bill to be entitled an Act to amend an Act incorporating the City of Swainsboro; and for other purposes.
The report of the committee which was favorable to the passage of the bill, was agreed to.
On the passage of the Bill, the ayes were 157, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 848. By Messrs. Story and Moss of Gwinnett:
A Bill to be entitled an Act to amend an Act to incorporate the City of Duluth; and for other purposes.
The report of the committee which was favorable to the passage of the bill, was agreed to.
On the passage of the Bill, the ayes were 157, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 849. By Mr. White of Mclntosh:
A Bill to be entitled an Act to change from the fee to the salary system of compensating the offices of Clerk of the Superior Court, Sheriff, Ordinary and 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 157, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
SB 220. By Senator McGarity of the 35th:
A Bill to be entitled an Act to change the compensation of the Sheriff, the Clerk of the Superior Court and the Ordinary of Henry County from the fee system to the salary system; and for other purposes.
The report of the committee which was favorable to the passage of the bill, was agreed to.
On the passage of the Bill, the ayes were 157, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
MONDAY, FEBRUARY 3, 1958
351
>. HE 351-838c. By Messrs. Kidd and Griffith of Baldwin:
Iff
A RESOLUTION
Proposing an amendment to the Constitution, so as to authorize Baldwin 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 in dustries in said 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 authorize the governing authorities of said county to select a board of citizens of said county to render advice relative to 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 IV, Paragraph I of the Constitution, as amended, is hereby amended by adding at the end thereof the fol lowing:
"Baldwin County is hereby authorized to levy a tax, in ad
dition 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 en
couraging the location of industries in Baldwin County. The
governing authority of said county is hereby authorized to select
a board of citizens of said county to render advice relative to
the use of such fund. Such fund may be used to pay entertain
ing, traveling, advertising and other promotional expenses to
encourage the location of industries in said county, and to pur
chase land and erect buildings or other facilities to be rented or
leased to industries."
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, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"For ratification of amendment to the Constitution, so as to authorize Baldwin County to levy a tax not to exceed one mill for the purpose of creating a fund to be used in assisting, pro moting and encouraging the location of industries in Baldwin
County.
"Against ratification of amendment to the Constitution, so as to authorize Baldwin County to levy a tax not to exceed one mill for the purpose of creating a fund to be used in assisting, pro-
352
JOURNAL OF THE HOUSE,
moting and encouraging the location of industries in Baldwin 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 amend ment shall vote against ratification.
If such 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 man ner 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 proc lamation 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 call was ordered and the vote was as follows:
Adams Alien Bagby Ballard Barber Barrett Baughman Birdsong Blalock of Coweta Blalock of Clayton Bodenhamer
Bolton Brackin Brennan Brooks of Oglethorpe Brooks of Fulton Broome Budd Burkhaltetr Busbee Cagle Caldwell Callier A. Campbell of
Walker W. Campbell of
Walker Carlisle Carr Carswell Carter Cheatham Cheek
Cloud Coalson Cowart Craven Denmark Dorminy Duncan Echols Elder Ellis Eyler Fellows Fordham Fowler of Douglas Fowler of Treutlen Frazier Fuqua Gowen Green of Rabun Greene of Bartow Grimsley Gross of Stephens Gunter Hall of Lee Hardaway Harper Harrison Hawkins Henderson Hendrix Hill Hodges of Ware Hodges of Butts Hogan
Holley Hollo way Hurst Ingle Irvin Jessup Johnson Jones of Wayne Jones of Worth Jones of Lumpkin Jones of Laurens Jones of Sumter Jones of Crawford Kelley Key Killian Kimmons King Lam Lancaster Land Lanier Lee Lindsey Lokey Long Lott Love Mann Martin Matthews Miles Miller of Twiggs Miller of Elbert
MONDAY, FEBRUARY 3, 1958
353
Mobley Moorman Morris Moss Murphy Murr Musgrove McClelland McCracken McGibony McKenna
Neese Nichols Nilan Odom Orr Overby Palmer Parker of Pike
Parker of Appling Payton Perkins Perry Peters Phillips of Columbia Phillips of Walton Pickard Pickett Ramsey Raulerson
Roberts Rodgers of Charlton Rogers of Heard Ross Rowland Russell Scoggin Sheffield
Smith of Lamar Smith of Fulton Smith of Bryan Stephens Story Summers Tabb Tamplin Tarpley Taylor Twitty
Underwood Veal Walker of Lowndes Watson Winkle Wooten Yandle Young
On the adoption of the Resolution, the ayes were 157, nays 0.
The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.
HR 354-847a. By Messrs. Short and Newton of Colquitt:
A RESOLUTION
Proposing to the qualified voters of Colquitt County, Georgia, an amendment to Article VII, Section IV, Paragraph I (Ga. Code Ann. Sec. 2-5701) of the Constitution of the State of Georgia, to empower the Board of Commissioners of Roads and Revenues of Colquitt Coun ty, for regulatory and revenue purposes, to assess and collect license fees and occupational taxes against any person, firm or corporation who may engage in any type of business, including the operation of taxicabs, in Colquitt 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 unincorporated areas over any businesses in the in terest of the public welfare, health and security of the people of Colquitt 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 regu lations may be punishable as a misdemeanor, and further, to pro vide 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 purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1
Article VII, Section IV, Paragraph I (Ga. Code Ann. Sec. 2-5701)
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JOURNAL OP THE HOUSE,
of the Constitution of the State of Georgia be amended by adding thereto the following new paragraph, to wit:
"The Board of Commissioners of Roads and Revenues of Colquitt 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 corpora tions (except those subject 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, includ ing the operation of taxicabs, in any area of Colquitt 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. To provide for the public welfare, health and security of the people of Colquitt 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 sub ject to regulation by the Sate 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 viola tion of any such regulations adopted by the board of commis sioners of roads and revenues 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 here in granted, and may at any time prescribe the man ner 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 two branches of the General Assembly, and the same has been entered on their journals with "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as pro vided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"For ratification of amendment to the Constitution, so as to authorize the Board of Commissioners of Roads and Revenues of Colquitt County to assess and collect license fees and occu pational taxes upon businesses in Colquitt County outside the incorporated limits of municipalities and to regulate same.
"Against ratification of amendment to the Constitution, so as to authorize the Board of Commissioners of Roads and Revenues of Colquitt County to assess and collect license fees and occu-
MONDAY, FEBRUARY 3, 1958
355
pational taxes upon businesses in Colquitt County outside the in corporated limits of municipalities and to regulate same."
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 amend ment shall vote against ratification.
If such 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 man ner 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 call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Alien
Ballard Barber Barrett Baughman Birdsong Blalock of Coweta Blalock of Clayton Bodenhamer
Bolton Brackin Brennan Brooks of Oglethorpe Brooks of Pulton Broome Budd Burkhalter Busbee Cagle Caldwell Callier A. Campbell of
Walker W. Campbell of
Walker Carlisle Carr Carswell Carter
Cheatham
Cheek Cloud Coalson Cowart
Craven Denmark
Dorminy Duncan Echols Elder Ellis Eyler Fellows Fordham Fowler of Douglas Fowler of Treutlen Frazier
Fuqua Gowen
Green of Rabun Greene of Bartow Grimsley
Gross of Stephens Gunter Hall of Lee Hardaway Harper Harrison Hawkins
Henderson Hendrix
Hill Hodges of Ware Hodges of Butts Hogan Holley Holloway Hurst Ingle Irvin
Jessup Johnson
Jones of Wayne Jones of Worth Jones of Lumpkin
Jones of Suniter Jones of Crawford Kelley Key Killian Kimmons King Lam
Lancaster Land
Lanier Lee
Lindsey Lokey Long Lott Love
Mann
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JOURNAL OF THE HOUSE,
Martin Matthews Miles Miller of Twiggs
Miller of Mobley Mobley
Moorman Morris Moss
Murphy Murr
Musgrove McClelland McCracken McGibony McKenna Neese Nichols Nilan Odom
Orr
Overby Palmer Parker of Pike Parker of Appling
Payton Perkins
Perry Peters Phillips of Columbia
Phillips of Walton Pickard
Pickett Ramsey Raulerson Roberts Rodgers of Charlton Rogers of Heard Ross Rowland Russell
Scoggin
Sheffield Smith of Lamar Smith of Fulton Smith of Bryan
Stephens Story
Summers Tabb Tamplin
Tarpley Taylor
Twitty Underwood Veal Walker of Lowndes Watson Winkle Wooten Yandle Young
On the adoption of the Resolution, the ayes were 157, nays 0.
The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.
By unanimous consent, the following Bill and Resolutions of the Senate were read the first time and referred to the committees:
SR 116. By Senators Garrett of the 53rd, Langdale of the 6th and Gillis of the 16th:
A Resolution relative to the improvement of the State Farmer's Market; and for other purposes.
Referred to the Committee on Agriculture.
SR 117. By Senators Garrett of the 53rd, Stafford of the 47th and Deen of the 46th:
A Resolution relative to hog cholera eradication; and for other pur poses.
Referred to the Committee on Agriculture.
SR 118. By Senators Garrett of the 53rd, Stafford of the 47th and Deen of the 46th:
A Resolution relative to the inspection of livestock slaughtered in this State; and for other purposes.
Referred to the Committee on Agriculture.
SB 177. By Senator Hill of the 54th: A Bill to be entitled an Act to provide for the relocation of utility
MONDAY, FEBRUARY 3, 1958
357
facilities when necessitated by Federal-Aid highway projects; and for other purposes.
Referred to the Committee on State of Republic.
The following Resolution of the House was read and adopted:
HR 384. By Mr. Fowler of Douglas:
A RESOLUTION
WHEREAS, reports in the daily press and other news media indicate that the citizens of the greater New York area are experi encing great and unusual difficulties and problems in connection with the operation of their school system; and
WHEREAS, their problems have led to unusually severe conse quences even to the untimely and regrettable death of an outstand ing and dedicated school official; and
WHEREAS, reports of these activities have reached the four corners of the earth with all the effect on the other peoples of the world such behavior implies; and
WHEREAS, the foreign policy of our nation will be affected in one way or another; and
WHEREAS, the people of Georgia are surprised to learn that a large well-financed and liberal school system has problems of this nature; and
WHEREAS, for long periods of time Southerners have been ad vised in the proper conduct of their school systems by many citizens from other areas of the country; and
WHEREAS, the duly elected representatives of the people of Georgia believe in Constitutional Government and the absolute neces sity for citizens to enjoy the right to manage and govern their own internal affairs without interference from any other governmental body whether State or Federal.
NOW, THEREFORE BE IT RESOLVED: That the Citizens of Georgia through their elected representatives have every confidence in the ability of the people in the New York area to settle their own internal problems and manage their own internal affairs in keep ing with the wishes of the majority of the people in the area af fected ; and
BE IT THEREFORE RESOLVED that we voice our objection to any intervention by Federal Armed Services unless specifically called for by the proper local governing authorities in the area af fected; and
BE IT FURTHER RESOLVED, however you settle this, your problem, is your business and we make no recommendations what soever ;
BE IT FURTHER RESOLVED, the people of Georgia express every good wish to our fellow Americans in their hour of peril; and
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BE IT FURTHER RESOLVED, that a copy of this Resolution be sent to the Mayor of New York City, the Governor of New York, United States Senator Javitts of New York, and the President of the United States.
Under the regular order of business, the following Bill of the House was taken up for consideration and read the third time:
HB 712. By Mr. Fowler of Douglas:
A Bill to be entitled an Act to amend an Act regulating the practice of dentistry; and for other purposes.
The followng amendment was read:
The Committee on Hygiene and Sanitation moves to amend HB 712 as follows:
"Of failing to register with the Joint Secretary of the State Examining Boards by December 31 of each year as required by law. A license may be revoked for failure to register after a period of two (2) years. Any license revoked under the terms to this Section may be reinstated only upon an applicant's taking the examination required by Code Section 84-713 and paying the fees prescribed by law therefor."
The following amendment to the committee amendment was read and adopted:
Mr. Fowler of Douglas moves to amend the committee amendment to HB 712 as follows:
"Of failing to register with the Joint Secretary of the State Examining Boards by December 31 of each year as required by law. Provided, however, that for a period of twelve months after failure to register a license may be reinstated by payment of a registration fee of $25.00 and the filing of a special appli cation therefor. After this period of twelve months has elapsed a license may be revoked for failure to register and payment of the fee as provided by law. Any license revoked under the terms of this Section may be reinstated only upon an applicant's taking the examination required by Code Section 84-713 and pay ing the fees prescribed by law therefor."
The committee amendment, 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, as amended, was agreed to.
On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:
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359
Those voting in the affirmative were Messrs.:
Adams Bagby Ballard Barber Baughman Birdsong Blalock of Coweta Blaloek of Clayton Bodenhamer Boggs Bradley Brooks of Oglethorpe Broome Busbee Cagle Caldwell Callier A. Campbell of
Walker W. Campbell of
Walker Carlisle Carswell Carter Cheatham Cloud Coalson Cowart Craven Denmark Dorminy Echols Elder Ellis Eyler Fellows Fordham Fowler of Douglas Fowler of Treutlen Frazier Green of Rabun Greene of Bartow Grimsley Gross of Stephens Gross of Dade Hall of Lee Hardaway
Harper Harrison Hawkins Hendrix Hill Hodges of Ware Hodges of Butts Hogan Holloway Hurst Ingle Irvin Jessup Johnson Jones of Wayne Jones of Laurens Jones of Sumter Jones of Crawford Kelley Key Killian Kimmons King Lam Lancaster Land Lee Lokey Long Love Martin Matthews Miles Miller of Twiggs Miller of Elbert Mobley Moorman Morris Moss Murphy Murr Musgrove McClelland McCracken McGibony McKenna Neese
Newton Nichols Nilan Odom Orr Palmer Parker of Ware Parker of Appling Payton Perkins Perry Peters Phillips of Columbia Phillips of Walton Pickard Pickett Ramsey Roberts Rodgers of Charlton Rogers of Heard Ross Rowland Russell Scoggin Short Smith of Forsyth Smith of Whitfield Smith of Bryan Story Summers Tabb Tamplin Taylor Truelove Twitty Veal Walker of Lowndes Watson Weems Wells White Willis Winkle
Wright of Floyd Yandle Young
Those voting in the negative were Mr.: Rutland
On the passage of the Bill, as amended, the ayes were 138, nays 1.
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The Bill, having received the requisite constitutional majority, was passed, as amended.
Under the regular order of business, the following Bills of the House were taken up for consideration and read the third time:
HB 713. By Mr. Fowler of Douglas:
A Bill to be entitled an Act to amend the Code of Georgia, pertain ing to licenses to practice dentistry; 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.
Adams Alien Bagby Ballard Barber Barrett Baughman Birdsong Blalock of Coweta Blalock of Clayton Bodenhamer Boggs Bradley Brennan Brooks of Oglethorpe Broome Budd Burkhalter Busbee Cagle Caldwell Callier A. Campbell of
Walker W. Campbell of
Walker Carlisle Carr Carter Cheatham Cheek
Cloud Coalson Cowart Craven Denmark Dorminy Echols Elder Ellis Eyler Fellows Fordham Fowler of Douglas Fowler of Treutlen Frazier Fuqua Gowen Green of Rabun Greene of Bartow Griffith Grimsley Gunter Hall of Lee Hardaway Harper Harrison Henderson Hendrix
Hill Hodges of Ware Hodges of Butts
Hogan Holley Holloway Hurst Ingle Irvin Johnson Jones of Wayne Jones of Worth Jones of Lumpkin Jones of Laurens Jones of Sumter Kelley Key Killian Kimmons King Lam Lancaster Land Lanier Lee Lokey Long Lett Mackay Mann Martin Matthews Miles Miller of Twiggs
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361
Miller of Elbert Mobley Moorman Morris Moss Murr McClelland McCracken McGibony Neese Newton Nichols Nilan Odom Orr Overby Parker of Pike Parker of Ware Parker of Appling Payton
Perry Peters Phillips of Walton Pickard Pickett Ramsey Raulerson Roberts Rodgers of Charlton Rogers of Heard Ross Rowland Rutland Scoggin Sheffield Singer Smith of Porsyth Smith of Lamar Smith of Fulton Smith of Bryan
Stephens Story Summers Tabb Tamplin Taylor Underwood Veal Walker of Lowndes Watson Wells White Willis Wilson Winkle Wooten Yandle Young
Those voting in the negative were Messrs.:
Chastain
Perkins
On the passage of the Bill, the ayes were 149, nays 2.
The Bill, having received the requisite constitutional majority, was passed.
HB 714. By Mr. Fowler of Douglas:
A Bill to be entitled an Act to amend an Act regulating dental hygienists; and for other purposes.
The following amendment was read and adopted:
The Committee on Hygiene and Sanitation moves to amend HB 714 by
adding the following Section to be appropriately numbered:
A record of all hearings and judgments shall be kept by the Board and in event of suspension or revocation of license, the Board shall within 10 days transmit a certified copy of said judgment to the clerk of superior court of the county or counties in which the license of the licensee affected is recorded. In case of suspension or revoca tion of license by the Board the party affected shall have the right of certiorari to the superior court in the county of his residence as is provided by the laws of Georgia.
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.
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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 Bagby Ballard Barber Barrett Baughman Birdsong Black Blalock of Coweta Blalock of Clayton Bodenhamer Boggs Bolton Brennan Brooks of Oglethorpe Broome Budd Burkhalter Busbee Cagle Caldwell Callier A. Campbell of
Walker W. Campbell of
Walker Carlisle Carr Carter Cheek Cloud Coalson Cowart Craven Denmark Dorminy Echols Elder Ellis Eyler Fellows Fordham Fowler of Douglas Fowler of Treutlen
Frazier Fuqua Gowen Green of Rabun Greene of Bartow
Grimsley Gross of Stephens
Gunter Hall of Lee Hall of Floyd Hardaway Harper Harrison Henderson Hendrix Hill Hodges of Ware Hodges of Butts Hogan Holley Holloway Huddleston Ingle Irvin Jessup Johnson Jones of Wayne Jones of Worth Jones of Lumpkin Jones of Laurens Jones of Sumter Jones of Crawford
Key Killian Kimmons King Lam Lancaster Land Lanier Lee Lindsey Lokey Long Lott Mackay Mann Martin Matthews Miles Miller of Elbert Mobley Moorman Morris Moss Murphy Murr Musgrove McClelland
McCracken McGibony McKenna Newton Nichols Nilan Odom Orr Overby Palmer Parker of Pike Parker of Ware Parker of Appling Payton Pelham Perkins Perry Peters Phillips of Columbia Phillips of Walton Pickard Pickett Ramsey Raulerson Roberts Rodgers of Charlton Rogers of Heard Ross Rowland Rutland Scoggin Sheffield Singer Smith of Forsyth Smith of Lamar Smith of Fulton Smith of Bryan Stephens Story Summers Tabb Tamplin Taylor Twitty Veal Watson Wells Wilson Winkle Wooten Yandle Young
MONDAY, FEBRUARY 3, 1958
363
Those voting in the negative were Mr.: Chastain
On the passage of the Bill, as amended, the ayes were 155, nays 1.
The Bill, having received the requisite constitutional majority, was passed, as amended.
Pursuant to Joint Resolution adopted by the House and Senate, the Senate appeared upon the floor of the House and the Joint Session convened for the purpose of hearing a message from Senator Herman E. Talmadge, was called to order by the President of the Senate.
The Secretary of the Senate read the Resolution providing for the Joint Session.
Accompanied by Governor Griffin, the Committee of Escort, and other distinguished guests, Senator Herman E. Talmadge appeared upon the floor of the House.
Lieutenant Governor Vandiver, before recognizing Governor Marvin Grif fin, prefaced his remarks as follows:
Before Governor Griffin introduces our distinguished speaker, the chair would like to make a brief observation or two.
Speaking as one who served as campaign manager for our hon ored guest in his first State race, I wish to say that the stature he has achieved as a leader of the South and of conservative thought and opinion throughout the nation has justified completely the fond est hopes of all of us who are his friends.
It was an honor for me to have served in his progressive and constructive administration as adjutant general.
We appreciate the fact that he is taking time out from his busy duties to visit with us today.
We welcome you, sir, for you have proved yourself to be a stal wart defender of constitutional liberties and a true champion of the people.
I would like to ask his excellency, the distinguished Governor of Georgia, Honorable Marvin Griffin, to present our distinguished guest to this joint session of the General Assembly of Georgia. Gov ernor Griffin.
Governor Marvin Griffin, in presenting Senator Herman E. Talmadge to the General Assembly of Georgia, stated:
It is a great pleasure, indeed, for me to appear before you today to present to you a speaker who needs no introduction to Georgia cit izens, Honorable Herman Talmadge, Junior United States Senator from this state.
For many years I have known him well and have enjoyed the close association between us both in private and public life.
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It was my pleasure to serve in his administration as Lieutenant Governor when he made a record of progress as Chief Executive that will go down in the annals of the state for his many accomplish ments for the advancement and welfare of the masses of people of Georgia.
Since he was elected to the United States Senate by the unprece dented County Unit vote of all the 159 counties, it is safe to say that he stands at the top in the hearts and minds of his fellow cit izens who thus recognized his public record and the great executive ability he possesses.
During these dangerous and perilous times in the history of this country, it is comforting to know that we have as one of our Sena tors in Washington a man who is willing to cooperate with his fel low Senator and the members of the Georgia delegation in the House of Representatives in all moves designed for the benefit and protec tion of the citizens of Georgia in fighting for state's rights and the decentralization of power.
We know that such a man will have numerous opportunities in the near future to appear on the firing line in the highest delibera tive body in the world and fight for the preservation of the traditional way of life we have enjoyed in our state and for the protection of the State's Rights doctrine in all its many phases.
It is a genuine pleasure for me, today, to present to you one of Georgia's foremost and most beloved sons--the Honorable United States Senator Herman Talmadge.
Senator Herman Talmadge delivered the following address:
GOVERNOR GRIFFIN, LIEUTENANT GOVERNOR VANDIVER, SPEAKER MOATE, MEMBERS OF THE GENERAL ASSEMBLY OF GEORGIA AND MY FRIENDS:
It is a heart warming experience for me to be back here this morning with you members of the General Assembly and other friends.
It's good to be in Georgia.
There are few other places that stimulate for me as many fond memories as does this hallowed chamber.
Seeing old friends here recalls to mind the happy experiences which we have shared together in years' past.
My first words must be to acknowledge the generosity of your kind and courteous invitation to address you again this year.
I think it is but fair to tell you that any time you invite me I will be here since I consider an invitation from the sovereign Gen eral Assembly of the State of Georgia a command which I cannot refuse.
And nowhere, except in my own house and at my own fire side, do I feel more at home than here on this rostrum speaking to men that I know, speaking to men that I respect, speaking to men whose friendship that I cherish and speaking to men whom I honor as true Georgians and real Americans.
MONDAY, FEBRUARY 3, 1958
365
To Governor Marvin Griffin, I extend cordial greeting and my respects for his unwavering stand in defense of Georgia's institu tions.
To Lieutenant Governor Ernest Vandiver, I extend similar cor dial greeting and respects for his consistent, firm and resolute stand to maintain the sovereignty of the States.
To Speaker Moate, to members of the General Assembly, to the Attorney General and his legal staff, to all of the elective and ap pointive state and local officials, to the press of the State, to the radio, to the television and to the great and overwhelming masses of the people of the State of Georgia, I salute you. I salute you for your resolution in being ready at all times to resist at all costs any attacks that may be hurled against our homes, our families and our children.
Last year, when I spoke to you, my service in the Senate had just begun.
Frankly, I do not mind telling you, that I was a little bit home sick when I went to Washington.
I said to you then that whenever any of you were in Washington that you had better not miss coming by to see us and visiting with me, my staff and my family--making my office while you are in Washington, your office and making my home while you are in Washington, your home.
I renew that invitation today.
Your visits have made it a lot easier for me to be away from home and to carry on my duties as I would wish to do and that you would have me to do.
Being in frequent touch with the sentiment of the people back home is vitally necessary to any Senator or Congressman who would maintain a proper perspective in Washington's hectic and chaotic atmosphere.
Let me remind you, and let me remind the people of Georgia, though Herman Talmadge is in Washington in attendance upon the Senate, that he is as near to you as your mailbox or your telephone.
I would be amiss if I did not tell you how pleasant has been my service with the members of the Georgia delegation in Congress.
They form a great team.
I am proud to be one of its members.
I take this occasion to pay each and every member of the Georgia delegation in the House the highest tribute for their long and ef fective service to the people of Georgia and to thank them for their valuable help and cooperation they have extended me in my initial year's service as a freshman Senator.
No words can adequately describe my feeling of gratitude for the wise advice and helpful counsel given me by my distinguished senior colleague, Senator Richard B. Russell.
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Under his sagacious leadership the South has been spared many iniquities--iniquities which would have been forced upon us had it not been for his statesmanship and resourcefulness in the leadership of many gallant fights which have turned back the tide. This lead ership is an inspiration for all who love their country. It is with out reservation that I say to you I am honored to be fighting at his side and under his able direction.
At this time, I feel that I must recall the rewarding association which all of us on the Georgia delegation had with one of its mem bers, Judge Henderson Lanham, of the seventh district, who has passed from among us.
Judge Lanham, who won his spurs as a champion of the people in this very hall was one of the nation's best Congressmen. He was devoted to his people, and significantly, was going to attend a public meeting when a tragic and untimely accident ended his life. My memory is warm for him, just as are the memories of his constitu ents whom he served so well. All of us miss him very much.
Gentlemen of the General Assembly, never before in the annals of this Country, have we seen a time like this in our nation's history.
It is a time of frustration, a time of uncertainty, a time of anger and a time when there is a growing lack of confidence.
It is a time of danger, both from within and from without.
This situation has been caused in varying degrees by a lack of leadership, by a refusal to adhere to constitutional processes, by the lag in our defenses despite the billions we have spent, by the unconstitutional armed invasion of a sovereign State, by the present decline in our economy, by the farm depression and by a host of other factors.
It was on October 4th that Soviet Russia, a nation considered backward and a third-rate power twenty-five years ago, launched a missile containing in its head a satellite which was placed in an orbit around this earth at a speed of eighteen thousand miles per hour.
That accomplishment shocked the world.
It told the American people that we have been asleep.
It told the American people that many of our leaders have been more interested in selfish political considerations than they have been in defending the country.
Even though past failures and short comings in maintaining our defenses must be laid at the doors of both political parties, these failures and short comings are not in any instance that I know of the fault of Congress.
Congress consistently has been ahead of the executive in recog nizing and acting to meet the peril to our country. Our trouble has been purely and simply the result of maladministration, lack of lead ership and, indeed, even indifference on the part of the executive
MONDAY, FEBRUARY 3, 1958
367
branch. In no instance has Congress failed to heed the requests and recommendations of the executive in any major defense area.
Congress can appropriate money and can make the laws but the major responsibility must be fulfilled by the executive and this it has not done.
The sad truth is that our defense effort has become mired in its own sprawling bureaucracy.
Senator Russell, Chairman of the Senate Armed Services Com mittee, has moved promptly.
Prior to the session of Congress he designated a Special Pre paredness Sub-Committee, under the leadership of the resourceful Senator Lyndon B. Johnson, of Texas, to inquire into the state of our defenses.
What that Committee has found is alarming, indeed. The find ings have demonstrated that the Congress must step in to insure the safety and security of this nation.
Let us examine for a moment some of the testimony which this nation's top scientists and top military men gave to the Johnson Com mittee.
General James B. Gavin, chief of Army Research and Develop ment, swore that the Army could have put up a satellite a year or more ahead of the Russians. That they had the missile to do the job--the Jupiter C. Further that request after request was made for permission to put up an American satellite, the first request as early as the Spring of 1956. But that all of these requests were denied. Instead of approving Army's Project "Orbiter," the respon sibility was assigned to the Navy for a new and separate Project "Vanguard," in spite of the fact that the Navy then had no missile in being or in prospect to raise the satellite.
This faulty decision, of which General Gavin spoke, resulted in an immense loss of prestige to this nation at a crucial time in World history.
It is no wonder then that he retired from the Army in apparent disgust with the assertion that he could do more for the Army speak ing for it as a free and unfettered citizen than he could do in uni form.
Witness after witness cited other short-sighted and disastrous mistakes which have been costly beyond measure to the defense pos ture of this Country. And to cap the climax, the outspoken, widely respected and admired General Curtis E. LeMay, Vice Chief of Staff of the Air Force and former Chief of the Strategic Air Command, had some most interesting testimony for the Johnson committee. He said that the mighty Strategic Air Command bombers were ground ed for five weeks in mid-1957 because of a failure of the Budget Bureau to provide funds for gasoline.
I ask you, in the name of reason and in the name of common sense, what kind of leadership do we have which squanders mil lions of dollars on an arrogant illegal and unconstitutional air-
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borne invasion of the sovereign State of Arkansas, yet, does not have one red cent to spend for gasoline to power our mighty bombers?
What kind of leadership do we have which takes such drastic measures against our own people at a time when arrogant dictators of a Godless power are brandishing their mighty weapons and threatening to blow every one of us off the face of the earth?
There have been a series of reports on the state of our defenses which have been equally as alarming as the testimony before the Johnson committee.
Some months ago, the President appointed a distinguished Com mittee of eminent and qualified Americans to study our defenses and to make a report to the National Security Council.
This report, based upon America's long-range prospects, found our position to be "one of cataclysmic peril."
That report has been suppressed by the White House but a few of its details have leaked out to the press.
Other reports such as the Rockefeller Report and the topsecret "Johns Hopkins Report" are startling in their revelations. Summing up they say the position of our Country is "deteriorating" and that "time is running against us."
These are the dismal facts which confronted Senators and mem bers of Congress as they returned to Washington on January 7th, this year.
The Soviets have a disturbing lead over us in other areas:
They have almost as many Army divisions as all of the nations of the free world combined and they are highly mechanized.
Soviet submarines now number 600 or more while we have only 110.
They have hundreds of long-range bombers.
They are expected to have an intercontinental ballistic missile by July of this year.
Top experts, now conducting secret studies for the Army, say that Russia has a force in being capable of "throwing several hundred atomic bombers and perhaps 50 or more submarines" with missilelaunching equipment at us in a surprise attack. They "would be more than adequate to kill 20 or 30 million people in this Country," it is said, and knock out "more than 10 per cent of our economy--per haps 20 per cent."
Soviet Russia with its avowed dedication to conquer the world is not building this great military force as a defensive establishment.
The Budget proposed by the President to meet this grave situ ation contains $4 billion dollars in additional funds for defense over
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369
fiscal 1957. Most of this increase will be spent on missiles and for the maintenance and superiority of the Strategic Air Command.
Out of the highest peacetime budget ever submitted to Congress-- $73.9 billions of dollars--the President asked for $39.8 billions for the Defense Department.
If this monstrous amount of money proposed for defense is ex pended prudently, we will have nothing to fear.
Even more funds can be found for needed weapons within the Defense Department itself by eliminating appalling waste and need less duplication of effort.
The overall budget proposed by the President is faulty in several respects.
It seeks to make cuts where reductions are undesirable.
It seeks to make increases in non-defense spending where in creases are undesirable.
Th proposed budget would further cripple the farmers of this nation; it would double interest rates on RE A loans; it would leave our farmers to shift for themselves in case of disaster; it would bring an end to support for vocational education by 1960; it would reduce assistance for our old people, our dependent children, our needy blind and our totally disabled; it would terminate grants to local governments for operation of schools in Federally impacted areas; it would shift to states and localities the responsibility for public housing; it would curtail hospital construction to meet only urgent needs and expected in a special supplementary message later is a proposal to reduce veteran's compensations and pensions.
Now, I ask you what kind of a philosophy is it that has millions and billions for foreign potentates and communist dictators but has no compassion for our veterans, their widows, our elder citizens, the farmers and others who work to sustain this nation?
What kind of a philosophy is it that demands billions more for outright gifts to 70-odd foreign nations of the earth and in the same message demands that Congress raise the present debt limit of $275 billion dollars by another $5 billion dollars?
What kind of a philosophy is it which demands an extension of trade and tariff policies that have caused dumping of slave-wage goods on American markets to the harm and detriment of many American industries and their workers?
What kind of a philosophy is it where the Federal Reserve Board with its "tight money" policy attempts to keep the lid on top of the economic chimney while the budget makers are feeding the flames of inflation at the bottom of the chimney?
What kind of a philosophy is it that pursues a policy of scarce dollars and inflated dollars at one and the same time?
What kind of a philosophy is it that pursues a policy of hard money for the people and easy money for the bureaucrats?
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What kind of a philosophy is it that pursues a course of more and more inflation further endangering the insurance policies, the savings, the retirement programs of all our people and all of those other benefts which are based upon value of a sound currency?
What kind of a philosophy is it that has already robbed our peo ple of more than 50 per cent of their savings and pension rights by deficit financing since 1939?
What kind of a philosophy is it that would let the farmers of this nation fall by the wayside to shift for themselves when billions of dollars in federal government subsidies are parceled out annually to industry and to other lines of endeavor?
The Administration in Washington cannot answer these questions.
It is time the American people demanded satisfactory answers to all of them.
Of particular concern to those who are interested in the eco nomic welfare of this nation is the plight of the American farmer.
In a special message to Congress in mid-January, the President made several recommendations which, if adopted, would deliver the final destructive blow to agriculture in this nation.
He would cut parity to 60 per cent.
He would repeal the law requiring that tobacco be supported at 90 per cent of parity when marketing quotas are in effect, regard less of supply.
Secretary Benson's policies have driven many farmers off the land. They have plunged most of those who have remained into de pression. They have kept our farmers under constant threat of bankruptcy.
We have had enough.
We want no more of Benson's starvation.
I am fighting it all the way!
As a farmer, as a member of the Senate and as a member of the Senate Agriculture Committee, I will oppose these thoughtless and indifferent proposals as vigorously and as effectively as I know how.
It takes no expert to see that current national farm policies are planned depression for the farmer.
One does not have to be an economist to see that this starving to death of one major group in our economy is spreading to other groups, as it inevitably does, and is now doing.
The Farmers' loss of income and buying power is drying up vital markets for industrial products.
Nothing less than a bold, new, effective approach to this prob lem will suffice. Such a new farm program must be forthcoming soon if the present farm crisis is to be solved and if the agricultural
MONDAY, FEBRUARY 3, 1958
371
depression is to be prevented from wreaking further havoc on other segments of our economy.
This program must be devised to (1) Let the farmer farm; (2) Assure him prices for what he produces commensurate with those of manufactured products; (3) Assure him and his family a fair and equitable share of the national income based upon the labor he expends in his work.
The farmers of this nation must look to an overwhelmingly Democratic Congress and a new Democratic administration dedicated to old-fashioned Jeffersonian Democracy to right these wrongs, to resolve these inequities and to really do something for the farmer and the American people.
And, in conclusion, a word to our veterans, their widows and their dependent children.
All of those administration proposals which have been made or which may hereafter be made at this session of Congress to trim veterans benefits, to lower existing compensation benefits for their widows or for their children, face certain defeat in Congress.
Not only are we going to have to look for new concepts of ad ministration in our government at home but also we are going to have to look for new concepts in the conduct of our foreign affairs.
The cost of the cold war rises year-by-year.
We see vast armed forces arrayed against each other in Europe, in the Middle East, in Africa and in Asia.
A careless shot could detonate a power that could destroy civili zation itself.
Time will soon be at hand when we will have to recognize con ditions as they are.
Though the future may now look dark, I know that you share with me an abiding faith in the inherent greatness of our beloved country and in the sturdy fiber and resolute character of her sons and daughters.
You ask how can we insure America's future strength and safety?
The answer is clear.
Now is the time to anchor our destiny to those tenets of Ameri canism that have stood the test of time and have been tried in the crucible of experience--tenets which have never failed us in time of need.
Now is the time for leaders and for leadership.
We--the masses of the American people--are steadfastly de termined to press into the fray every sinew of our beings and every resource at our disposal to guarantee our Country's continued role as
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the acknowledged leader of the free nations of the world and the true champion of right and justice for all men.
As we prepare ourselves to meet that sacred obligation we do so, as Americans have done since they first set foot on this homeland of ours.
We do so humbly and with prayer to Almighty God for His be nevolence and guidance.
We do so with a solemn resolution on our part to make the sac rifices and to do the work that needs to be done.
Doing that, Americans and all free peoples everywhere can look to the horizons of tomorrow with the assurance that peace and se curity under God will continue to be their heritage.
Senator Hawes of the 30th 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.
Under the regular order of business, the following Bills of the House were taken up for consideration and read the third time:
HB 715. By Mr. Fowler of Douglas:
A Bill to be entitled an Act to amend an Act regulating dental hygienists; 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.:
Adams Alien Bagby Ballard Barber Barrett Baughman Birdsong Black
Blalock of Coweta
Blalock of Clayton Brackin Brennan Brooks of Oglethorpe Brooks of Fulton Broome Burkhalter Busbee Caldwell
Callier
A. Campbell of Walker
W. Campbell of Walker
Carlisle Carr Carter Chastain Cheatham
Cheek
MONDAY, FEBRUARY 3, 1958
373
Cloud Coalson Cocke Cowart Denmark Dorminy Echols
Eyler Fellows Fordham Fowler of Douglas Fowler of Treutlen Frazier Fuqua Gowen Green of Rabun Hall of Floyd Harper Harrison Henderson Hendrix Hill Hodges of Ware Hodges of Butts Hogan Holcombe Holley Hollo way Huddleston Hurst Ingle Irvin Jones of Wayne Jones of Worth Jones of Lumpkin Jones of Baker Jones of Laurens
Kelley Killian King Lam Lancaster Land Lanier Lee Lokey Long Lott Love Mann Martin Matthews Miles Miller of Twiggs Miller of Elbert Moss Murphy Murr Musgrove McClelland McCracken McGibony McKenna Neese Newton Nichols Nilan Odom Overby Palmer Parker of Ware Parker of Appling Pay ton Perkins
Perry Peters Pettey Pickard Pickett Ramsey Raulerson Ray Reed Roberts Rodgers of Charlton Rogers of Heard Rowland Russell Singer Sivell Smith of Forsyth Smith of Whitfield Smith of Bryan Story Summers Tabb Tamplin Taylor Twitty Veal Watson Weems Wells White Wilson Winkle Wooten Wright of Floyd Wright of Dodge Yandle Young
On the passage of the Bill, the ayes were 139, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 734. By Mr. Overby of Hall:
A Bill to be entitled an Act to amend the Code of Georgia, relating to real estate brokers and salesman, so as to make provisions relative to the licensing of non-resident real estate brokers and salesmen; 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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JOURNAL OF THE HOUSE,
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 Bagby Ballard Barber Barrett Baughman Birdsong Black Blalock of Coweta Blaloek of Clayton
Bodenhamer Brennan Brooks of Oglethorpe Brooks of Fulton
Broome Burkhalter Busbee Caldwell Callier A. Campbell of
Walker W. Campbell of
Walker Carlisle Carr Carter Chastain Cheatham Cheek
Cloud Coalson Cocke Cowart Craven Echols Elder Eyler Fellows Flynt Fowler of Douglas Fowler of Treutlen
Frazier Fuqua Gowen Green of Rabun Greene of Bartow
Griffith
Gross of Stephens Gross of Dade Gunter Hall of Lee Hall of Floyd Harper Harrison Hill Hodges of Ware Hodges of Butts Hogan Holcombe Holley Holloway Huddleston Hurst Ingle Irvin Jones of Wayne Jones of Worth Jones of Baker Jones of Laurens Jones of Crawford Kelley Key Kidd Killian Lancaster Land Lee Lokey Long Lott Love Mackay Mann Martin Matthews Miles Miller of Twiggs Miller of Elbert Moss Murphy Musgrove McClelland McCracken McGibony
McKenna McWhorter Neese Newton Nichols Nilan Orr Overby Parker of Ware Parker of Appling Payton Peters Pettey Phillips of Walton Pickard Pickett Ramsey Raulerson Reed Roberts Rogers of Heard Ross Sheffield Sivell Smith of Forsyth Smith of Lamar Smith of Whitfield Smith of Bryan Stephens Story Summers Tabb Tamplin Taylor Todd Underwood Walker of Lowndes Watson Weems Wells Willingham Willis Winkle Wooten Wright of Floyd Yandle Young
On the passage of the Bill, the ayes were 139, nays 0.
MONDAY, FEBRUARY 3, 1958
375
The Bill, having received the requisite constitutional majority, was passed.
HB 417. By Mr. Hall of Ployd:
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 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.:
Adams Alien Bagby Ballard Barber Barrett Baughman Birdsong Blalock of Clayton Bodenhamer Brackin Bradley Brennan Brooks of Oglethorpe Brooks of Fulton Broome Budd Callier A. Campbell of
Walker W. Campbell of
of Walker Carlisle Carter Chastain Cheatham Cheek Cloud Coalson Cocke Cowart Cravens Elder Ellis
Eyler Fellows Flynt Fordham Fowler of Douglas Fowler of Treutlen Frazier Fuqua Gowen Green of Rabun Greene of Bartow Griffith Gross of Stephens Gross of Dade Gunter Hall of Lee Hall of Floyd Harper Harrison Hawkins Henderson Hill Hodges of Ware Hodges of Butts Hogan Holcombe Holley Holloway Huddleston Hurst Ingle Jessup Jones of WTayne Jones of Worth
Jones of Baker Jones of Laurens Jones of Crawford Kelley Key Kidd Killian King Lam Lancaster Land Lanier Lokey Long Martin Matthews Mills Miller of Twiggs Miller of Elbert Morris Moss Murr Musgrove McClelland McCracken McGibony McKenna Neese Newton Nichols Nilan
Odom Orr Overby
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JOURNAL OF THE HOUSE,
Palmer' Parker of Appling Pelham Perkins Perry Peters Pettey Phillips of Walton Pickard Ramsey Raulerson Ray Reed Roberts Rodgers of Charlton
Rogers
Ross Scoggin Sheffield Sivell Smith of Forsyth Smith of Emanuel Smith of Lamar Smith of Whitfield Stephens Story Summers Tabb Tamplin Taylor Todd Twitty
Underwood Veal Walker of Lowndes Watson Weems Wells Willingham Willis Wilson Winkle Wooten Wright of Floyd Wright of Dodge Yandle Young
On the passage of the Bill, the ayes were 147, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
The following Resolutions of the House were read and adopted:
HR 385. By Mr. Ray of Warren:
A RESOLUTION
To request the presence of Miss Jean Carter, National Maid of Cotton, to appear before this Body; and for other purposes.
WHEREAS, the National Cotton Council of America has selected Miss Jean Carter of Atlanta as the "National Maid of Cotton"; and
WHEREAS, she is the first Georgia Maid of Cotton to become National Maid of Cotton and is called "Cotton's Ambassador"; and
WHEREAS, cotton has been and continues to be one of the corner stones of the economy of this State and cotton industry has long been a major factor in the economy of this State; and
WHEREAS, this Body desires to express its appreciation and ex tends congratulations to the National Maid of Cotton and requests her presence to address this Body;
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that an invitation is hereby extended to Miss Jean Carter, National Maid of Cotton representing the Cotton Council of America, to honor this Body by her presence in the House Chamber on February 6, 1958.
HR 386. By Mr. Hawkins of Screven:
A RESOLUTION
Inviting the Honorable Louis C. Wyman of Concord, New Hamp shire, to address the General Assembly of Georgia; and for other purposes.
MONDAY, FEBRUARY 3, 1958
377
WHEREAS, the Honorable Louis C. Wyman is Attorney General of the State of New Hampshire and immediate Past President of the National Association of Attorneys General and a member of the House of Delegates of the American Bar Association, and
WHEREAS, the said Louis C. Wyman is among the most highly respected lawyers in the United States and is held in high esteem by all members of the National Association of Attorneys General of the several states, and
WHEREAS, he has an unexcelled record in his stand against the usurpation of State's rights and in asserting through litigation in the State, Federal and United States Supreme Courts the dangerous trend toward liquidation of State sovereignty by the United States Supreme Court decisions, and
WHEREAS, he has demonstrated his deep concern over the ac celerated infiltration of Communist ideologies in this county with encouragement from recent decisions of the United States Supreme Court in a monumental address last year to the National Association of Attorneys General at their National Conference at Sun Valley, Idaho, which received national attention, and
WHEREAS, his views in this respect are shared by a great ma jority of very informed and responsible Georgians,
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Honorable Louis C. Wyman is hereby extended an invitation to address a joint session of the House and Senate during the 1958 Session of the General Assembly.
BE IT FURTHER RESOLVED that the Lieutenant Governor and the Speaker of the House are hereby authorized to arrange a suitable date and time with Mr. Wyman for his appearance and make whatever arrangements are necessary relative thereto.
BE IT FURTHER RESOLVED that the Secretary of the Senate is hereby authorized to transmit a copy of this Resolution to Mr. Wyman.
HR 387. By Mr. Odom of Camden:
A RESOLUTION
To name the Kingsland Elementary School posthumously for a distinguished Camden County citizen.
WHEREAS, W. Chester King during his lifetime was fervently dedicated to the betterment of church, community and the happiness of little children, and;
WHEREAS, the land and site of Kingsland, Georgia was once a grant from the King of England to his great grandfather James King for whom this town was named, and;
WHEREAS, W. Chester King did donate part of the land making up the grounds of the aforesaid school, and;
WHEREAS, this distinguished Georgian was held in high esteem by the author of this Resolution, as well as hundred of others, and;
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JOURNAL OF THE HOUSE,
WHEREAS, the name King is synonymous with that of the town and its people: It is, therefore befitting that a permanent citation to his memory be left to archives and to posterity.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES, THAT: the Kingsland Elementary School be named for W. Chester King, and shall hereafter be known as, "THE W. CHESTER KING ELEMENTARY SCHOOL".
BE IT FURTHER RESOLVED that a copy of this Resolution be furnished the Camden County Board of Education, the Commissioners of Roads and Revenues of Camden County and the State Board of Education.
BE IT FURTHER RESOLVED, and it is directed that the Camden County Board of Education make this of record and place a befitting marker, plaque or other means of identification on the aforesaid building.
HR 388. By Mr. Odom of Camden:
A RESOLUTION
To name the St. Marys Elementary School posthumously for a dis tinguished Camden County citizen.
WHEREAS, William R. Smith was a noted Camden County educa tor and was an early propagator for the consolidation of rural schools, and;
WHEREAS, this distinguished Georgian was dedicated to home, family, church and community, and;
WHEREAS, his memory is held in reverance by all who knew him, and;
WHEREAS, our school system is a better and more progressive institution due to the tireless efforts of William R. Smith during the time he served as superintendent of schools, and;
WHEREAS, it is fitting and proper that his name should be memorialized as it has been enshrined in the memory of Camden County citizens.
NOW, THEREFORE BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVE, THAT: the St. Marys Elementary School be named for William R. Smith, and shall hereafter be known as, "THE WILLIAM R. SMITH ELEMENTARY SCHOOL."
BE IT FURTHER RESOLVED that a copy of this Resolution be furnished the Camden County Board of Education, the Commissioners of Roads and Revenues of Camden County and the State Board of Education.
BE IT FURTHER RESOLVED, and it is directed that the Camden County Board of Education make this of record and place a befitting marker, plaque or other means of identification on the aforesaid build ing.
MONDAY, FEBRUARY 3, 1958
379
Mr. Hawkins of Screven moved that the House do now adjourn until 10:00 o'clock, a.m., tomorrow morning, and the motion prevailed.
The Speaker announced the House adjourned until 10:00 o'clock tomorrow morning.
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JOURNAL OF THE HOUSE,
Representative Hall, Atlanta, Georgia Tuesday, February 4, 1958
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 Bagby Ballard Barber Barrett Baughman Birdsong Black Blalock of Coweta Blalock of Clayton
Boggs Brackin Bradley Brennan Brooks of Fulton
Broome Budd Busbee Cagle Caldwell Callier A. Campbell of
Walker W. Campbell of
Walker Carlisle Carr Carswell Carter Chastain Cheatham Cheek Cloud Coalson Cocke Cowart Craven Crummey Denmark Dorminy Duncan Echols Elder
Ellis Eyler Fellows Flynt Fordham Fowler of Douglas Fowler of Treutlen Frazier Fuqua Green of Rabun Greene of Bartow Griffith Grimsley Gross of Stephens Gross of Dade Gunter Hall of Lee Hardaway Harper Harrison Hawkins
Henderson Hendrix Hill Hodges of Ware Hodges of Butts Hogan Holcombe Holley Holloway Huddleston Hurst Ingle Irvin Jessup Johnson Jones of Wayne Jones of Lumpkin Jones of Baker Jones of Laurens Jones of Sumter Jones of Crawford Kelley Kennedy
Kidd Kimmons King Lam Lancaster Land Lanier Lee Lindsey Lokey Long Lott Mackay Mann Matthews Miles Miller of Twiggs Miller of Elbert Mobley Moorman Moss Mull Murphy Murr Musgrove McClelland McCracken McGibony Neese Newton Nichols Nilan Odom Orr Overby Palmer Parker of Pike Parker of Ware Parker of Appling Payton Pelham Perkins Perry Peters
TUESDAY, FEBRUARY 4, 1958
381
Pettey
Phillips of Columbia Pickard Pickett Ramsey Raulerson Ray Reed Roberts Rodgers of Charlton Rogers of Ware Ross Russell Short Singer
Sivell
Smith of Forsyth Smith of Lamar Smith of Whitfield Smith of Bryan Souter Stephens Story Summers Tabb Tamplin Taylor Todd Truelove Twitty
Underwood
Veal Walker of Lowndes Walker of Telfair Watson Weems Wells Willingham Willis Wilson Winkle Wooten Wright of Dodge Yandle Young
Mr. Black of Webster, Chairman of the committee on Auditing, Enrolling & Engrossing, Journals, reported that the Journal of yesterday's proceedings had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Reports of standing committees. 4. Second reading of Bills and Resolutions. 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 910. By Messrs. Blalock and Lee of Clayton: A Bill to be entitled an Act to amend an Act pertaining to fees of Constables; and for other purposes.
Referred to the Committee on Judiciary.
HB 911. By Messrs. Holloway and Busbee of Dougherty: A Bill to be entitled an Act to create the Albany Dougherty Payroll Development Authority; and for other purposes.
Referred to the Committee on Local Affairs.
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JOURNAL OF THE HOUSE,
HB 912. By Messrs. Blalock and Lee of Clayton:
A Bill to be entitled an Act to amend an Act pertaining to fees of Justices of the Peace, and for other purposes.
Referred to the Committee on Judiciary.
HB 913. By Messrs. Frazier of Jeff Davis, Underwood of Montgomery, Fowler of Douglas and Palmer of Mitchell:
A Bill to be entitled an Act to amend an Act relating to the levy of tax and exemptions, so as to provide a refund of all tax paid on kerosene or fuel oil used in the curing of leaf tobacco by procedure connected therewith; and for other purposes.
Referred to the Committee on Ways and Means.
HB 914. By Mr. Ellis of Henry:
A Bill to be entitled an Act to fix the compensation of the members of the Board of Education of Henry County; and for other purposes.
Referred to the Committee on Local Affairs.
HB 915. By Mr. Carter of Hart:
A Bill to be entitled an Act to provide for nominations of persons to be elected, selected or appointed by the Grand Jury of Hart County, and for other purposes.
Referred to the Committee on Local Affairs.
HB 916. By Mr. Carter of Hart:
A Bill to be entitled an Act to create a Board of Commissioners of Roads and Revenues in and for Hart County; and for other purposes.
Referred to the Committee on Local Affairs.
HB 917. By Mr. Carter of Hart:
A Bill to be entitled an Act to abolish the office of Treasurer of Hart County and to transfer the duties of said Treasurer to the Board of Finance of said County and to their successors in office, and for other purposes.
Referred to the Committee on Local Affairs.
HB 918. By Mr. Elder of Oconee:
A Bill to be entitled an Act to amend an Act creating the Board of Commissioners of Roads and Revenues for the County of Oconee, and for other purposes.
Referred to the Committee on Local Affairs.
TUESDAY, FEBRUARY 4, 1958
383
HB 919. By Mr. Yandle of Toombs:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Vidalia, and for other purposes.
Referred to the Committee on Local Affairs.
HB 920. By Mr. Kimmons of Pierce:
A Bill to be entitled an Act to amend an Act to establish the City Court of Blackshear, and for other purposes.
Referred to the Committee on Local Affairs.
HB 921. By Mr. Kimmons of Pierce:
A Bill to be entitled an Act to amend an Act creating and providing for a charter for the City of Blackshear, and for other purposes.
Referred to the Committee on Local Affairs.
HB 922. By Mr. Coalson of Polk:
A Bill to be entitled an Act incorporating the City of Rockmart, to include certain additional territory in the city limits, and for other purposes.
Referred to the Committee on Local Affairs.
HB 923. By Mr. Grimsley of Cook:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Adel, so as to change the corporate limits of said City; and for other purposes.
Referred to the Committee on Local Affairs.
HB 924. By Mr. Brackin of Seminole: A Bill to be entitled an Act to amend an Act creating a new charter for the City of Donalsonville, and for other purposes.
Referred to the Committee on Local Affairs.
HB 925. By Mr. Adams of Evans: A Bill to be entitled an Act creating and incorporating the City of Claxton, and for other purposes.
Referred to the Committee on Local Affairs.
HB 926. By Messrs. Caldwell and Echols of Upson:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Thomaston, so as to change and extend the present corporate limits; and for other purposes.
Referred to the Committee on Local Affairs.
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JOURNAL OF THE HOUSE,
HB 927. By Messrs. Caldwell and Echols of Upson:
A Bill to be entitled an Act to amend an Act incorporating the City of Silvertown, relating to the registration and qualification of voters, and for other purposes.
Referred to the Committee on Local Affairs.
HB 928. By Messrs. Caldwell and Echols of Upson:
A Bill to be entitled an Act to repeal an Act incorporating the City of Silvertown, so as to abolish the charter of said City, and for other purposes.
Referred to the Committee on Local Affairs.
HB 929. By Messrs. Caldwell and Echols of Upson:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Thomaston, so as to change and extend the present corporate limits, and for other purposes.
Referred to the Committee on Local Affairs.
HB 930. By Messrs. Echols and Caldwell of Upson:
A Bill to be entitled an Act to amend an Act incorporating the City of Silvertown so as to provide for elective commissioners; to provide authorization for a City Manager, and for other purposes.
Referred to the Committee on Local Affairs.
HB 931. By Messrs. M. M. Smith, McClelland and Brooks of Fulton:
A Bill to be entitled an Act to amend an Act, so as to provide for a refund of contributions by members made for months for which no pension credit accrues in counties having a population of more than 150,000, and for other purposes.
Referred to the Committee on Local Affairs.
HB 932. By Messrs. Mann of Rockdale, M. M. Smith of Fulton and Bagby of Paulding:
A Bill to be entitled an Act to amend an Act relating to the profession of Chiropody, and for other purposes.
Referred to the Committee on Hygiene and Sanitation.
HB 933. By Messrs. M. M. Smith, Brooks and McClelland of Fulton:
A Bill to be entitled an Act to amend an Act relating to pensions for members of the police department in cities having a population of 150,000, and for other purposes.
Referred to the Committee on Local Affairs.
TUESDAY, FEBRUARY 4, 1958
385
HB 934. By Messrs. McClelland, Brooks and M. Smith of Fulton:
A Bill to be entitled an Act to amend an Act to create a system of traffic courts for counties having a population of more than 300,000, and for other purposes.
Referred to the Committee on Local Affairs.
HB 935. By Mr. Singer of Stewart:
A Bill to be entitled an Act to fix the compensation of the Tax Com missioner in counties having a population of not less than 9,135 nor more than 9,210, and for other purposes.
Referred to the Committee on Local Affairs.
HB 936. By Messrs. McWhorter, Mackay and Rutland of DeKalb:
A Bill to be entitled an Act to amend an Act creating five school Board Electoral Districts in DeKalb County; and for other purposes.
Referred to the Committee on Local Affairs.
HB 937. By Messrs. McWhorter, Mackay and Rutland of DeKalb:
A Bill to be entitled an Act to amend an Act and known as the DeKalb County Pension System Act, so as to provide for the designation of beneficiaries by members of said pension system, and for other purposes.
Referred to the Committee on Local Affairs.
HB 938. By Mr. Veal of Putnam:
A Bill to be entitled an Act to amend the Charter of the City of Eatonton relating to Tax Assessors, and for other purposes.
Referred to the Committee on Local Affairs.
HB 939. By Messrs. Lott of Berrien, Bagby of Paulding, Grimsley of Cook, Killian of Glynn and Campbell of Walker:
A Bill to be entitled an Act to amend an Act relating to the levy of motor-fuel tax and exempetion, so as to provide a refund of all tax paid on motor-fuel used by a County Board of Education in the opera tion of school busses and for other purposes.
Referred to the Committee on Ways and Means.
HB 940. By Mr. Baughman of Early:
A Bill to be entitled an Act to amend an Act entitled "An Act to create and incorporate the City of Blakely"; and for other purposes.
Referred to the Committee on Local Affairs.
HR 389-940a. By Messrs. McWhorter, Rutland and Mackay of DeKalb:
A Resolution proposing an amendment to the Constitution so as to authorize the Board of Commissioners of Roads and Revenues of DeKalb
386
JOURNAL OF THE HOUSE,
County to enact ordinances for the implementation and enforcement of all duties and, powers now or hereafter vested in said Board and to provide penalties for violation of such ordinances; and for other purposes.
Referred to the Committee on Local Affairs.
HR 390-940b. By Messrs. Holloway and Busbee of Dougherty:
A Resolution proposing an amendment to the Constitution to create the Albany Dougherty Payroll Development Authority as a Constitu tional authority and public corporation; and for other purposes.
Referred to the Committee on Local Affairs.
HR 391-940c. By Messrs. Blalock and Lee of Clayton: A Resolution to compensate Mr. W. M. Thomas; and for other purposes.
Referred to the Committee on Appropriations.
HR 392-940d. By Mr. Roughton of Washington:
A Resolution proposing an amendment to the Constitution so as to provide for the election of the members of the Board of Education of Washington County, and for other purposes.
Referred to the Committee on Local Affairs.
HB 941. By Messrs. Mackey, McWhorter and Rutland of DeKalb:
A Bill to be entitled an Act to amend the City Charter of Doraville; to increase the limitation on the salary of Chairman of the Board of Commissioners salary to $75.00 per month, and for other purposes.
Referred to the Committee on Local Affairs.
HB 942. By Mr. Cheatham of Chatham:
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 Local Affairs.
HR 393-942a. By Mr. Cheatham of Chatham: A Resolution compensating Olyn Evans, and for other purposes.
Referred to the Committee on Appropriations.
HB 943. By Mr. Wright of Dodge:
A Bill to be entitled an Act to create a Board of Commissioners of Roads and Revenues for Dodge County; to provide for commissioner districts, and for other purposes.
Referred to the Committee on Local Affairs.
TUESDAY, FEBRUARY 4, 1958
387
HB 944. By Mr. Wright of Dodge:
A Bill to be entitled an Act to amend the charter of the City of East man, so as to extend the corporate limits, and for other purposes.
Referred to the Committee on Local Affairs.
HR 394-944a. By Mr. Smith of Forsyth: A Resolution to proclaim and designate October 31st of each year as "Youth Honor Day", and for other purposes.
Referred to the Committee on State of Republic.
HB 945. By Messrs. Moate of Hancock, Hawkins of Screven, Jessup of Bleckley and Sheffield of Brooks:
A Bill to be entitled an Act to authorize the acquisition by the State of Stone Mountain and the area surrounding the same; and for other purposes.
Referred to the Committee on State of Republic.
HB 946. By Messrs. Moate of Hancock, Hawkins of Screven, Jessup of Bleckley and Sheffield of Brooks:
A Bill to be entitled an Act to create the Stone Mountain Memorial Association as a body corporate and politic and an instrumentality and public corporation of the State, and for other purposes.
Referred to the Committee on State of Republic.
By unanimous consent, the following committee reports were submitted and read:
Dr. Smith of Bryan County, Chairman of the Committee on Hygiene and Sanitation, submitted the following report:
Mr. Speaker:
Your Committee on Hygiene and Sanitation has had under consideration the following Bills of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 823. Do Pass.
HB 874. Do Pass.
HB 644. Do Not Pass.
Respectfully submitted,
Smith of Bryan,
Chairman.
Mr. Twitty of Mitchell County, Chairman of the Committee on Judiciary, submitted the following report:
Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bills
388
JOURNAL OF THE HOUSE,
and Resolutions of the House and Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 837. Do Pass.
HB 835. Do Pass, as Amended.
HB 803. Do Pass.
HB 846. Do Pass.
HB 613. Do Pass.
HB 850. Do Pass.
SB 184. Do Pass.
HB 863. Do Pass.
Respectfully submitted,
Twitty of Mitchell,
Chairman.
Mr. Overby of Hall County, Chairman of the Committee on State of Re public, submitted the following report:
Mr. Speaker:
Your Committee on State of Republic has had under consideration the follow ing Bills and Resolutions of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 674. Do Pass, by Substitute.
HB 799. Do Pass.
HB 857. Do Pass.
HR 335-789B. Do Not Pass.
Respectfully submitted,
Overby of Hall,
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 677. Do Pass.
HB 847. Do Not Pass.
Respectfully submitted,
Blalock of Clayton,
Chairman.
TUESDAY, FEBRUARY 4, 1958
389
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 182. By Senator Cook of the 42nd:
A Bill to be entitled an Act to amend Code Section 6-1006 of the Code of Georgia so as to provide that any crime other than a capital felony shall be bailable for the purpose of this Section, and the judge shall have no discretion to refuse bond in such cases; and for other purposes.
SB 183. By Senator Sanders of the 18th:
A bill to be entitled an Act to conform the procedure in divorce ali mony and other defined domestic relations cases to that prevailing in ordinary civil actions as to appearance day, return term, and trial by consent; and for other purposes.
SB 187. By Senators Brown of the 52nd, Cook of the 42nd and Sammon of the 34th:
A Bill to be entitled an Act to amend Code Sec. 46-208 of 1933, relative to exemption of daily, weekly or monthly wages from process and liabilities of garnishment; and for other purposes.
SB 193. By Senators Hawes of the 30th, Trotter of the 37th, Mallory of the 25th and Poster of the 26th:
A Bill to be entitled an Act to amend the Act known as the "Uniform Act Regulating Traffic on Highways" so as to define reckless driving; to authorize the Director of Public Safety to fix minimum speeds on certain roads and highways; and for other purposes.
SB 194. By Senators Hawes of the 30th, Trotter of the 37th, Mallory of the 25th and Foster of the 26th:
A Bill to be entitled an Act to amend an Act providing for giving of security by owners and operators of motor vehicles; and for other purposes.
SB 197. By Senators Hawes of the 30th, Trotter of the 37th and Mallory of the 25th:
A Bill to be entitled an Act to amend the Act defining and enlarging the jurisdiction of Courts of Ordinary so as to change the provisions as to the costs that apply in any case disposed of under said Act; and for other purposes.
The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following Bills of the Senate to wit:
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JOURNAL OF THE HOUSE,
SB 198. By Senators Hawes of the 30th, Trotter of the 37th, Mallory of the 25th:
A Bill to be entitled an Act to amend the Act providing for Juvenile Courts so as to change the effective date of the amendatory Act of 1957; to provide that the Act shall become effective on April 1, 1958; and for other purposes.
SB 211. By Senator Hawes of the 30th:
A Bill to be entitled an Act to amend Code Section 53-202, relating to the application for a marriage license, so as to provide for a waiting period for such license; to provide for a penalty; to repeal conflicting laws; and for other purposes.
SB 225. By Senator Williams of the 51st:
A Bill to amend Section 23-924 of the Code of Georgia relating to the operation of the County Manager Form of Government, so as to change the requirement from a majority vote to qualified voters of the county to a majority vote of the qualified voters voting on whether the law shall become operative or be suspended or terminated in the county; and for other purposes.
SB 226. By Senator Pound of the 20th:
A Bill to be entitled an Act to amend Code Section 24-1804, relating to duties of the Clerk of Ordinary or Ordinary; and Sec. 24-1716 relating to fees; to provide for filing of wills of persons still in life; 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 619. By Messrs. Greene and Bradley of Bartow:
A Bill to be entitled an Act to amend an Act incorporating the Town of Adairsville; and for other purposes.
HB 636. By Messrs. Willingham, Reed and Holcombe of Cobb:
A Bill to be entitled an Act to create the Cobb County Recreation Authority and to authorize such authority to acquire, and operate a recreational center; and for other purposes.
HB 650. By Messrs. Mobley and Carswell of Burke:
A Bill to be entitled an Act to amend an Act incorporating the City of Waynesboro, so as to increase the corporate limits of said city; and for other purposes.
TUESDAY, FEBRUARY 4, 1958
391
HB 654. By Messrs. Holcombe, Reed and Willingham of Cobb:
A Bill to be entitled an Act to amend an Act fixing, establishing and providing salary for Solicitor General of Cobb Judicial Circuit; and for other purposes.
HB 678. By Messrs. Greene and Bradley of Bartow:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Cartersville, so as to change the provisions relating to school funds; and for other purposes.
HB 719. By Messrs. Twitty and Palmer of Mitchell:
A Bill to be entitled an Act to amend an Act creating the City Court of Camilla; and for other purposes.
HB 737. By Messrs. Holcombe, Reed and Willingham of Cobb:
A Bill to be entitled an Act to amend an Act relating to the abolition of the fee system in Cobb County; and for other purposes.
HB 740. By Messrs. Reed, Holeombe and Willingham of Cobb:
A Bill to be entitled an Act to amend an Act relating to the abolition of the fee system in Cobb County; and for other purposes.
HB 744. By Mr. Rogers of Heard:
A Bill to be entitled an Act to provide in counties having a certain population the tax commissioner shall not be required to make the rounds required of the Tax Receiver and Tax Collector; and for other purposes.
The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has passed by substitute by the requisite constitutional majority, the following Bill of the House to wit:
HB 696. By Messrs. Kidd and Griffith 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 message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker: The Senate has adopted by the requisite constitutional majority the follow
ing Resolutions of the Senate to wit:
SR 88. By Senator Wright of the 24th: A Resolution proposing an amendment to the Constitution so as to
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JOURNAL OF THE HOUSE,
provide for abolishing the existing five member Board of Education of Chattahoochee County and create a new five member Board; provide for their election; and for other purposes.
SR 92. By Senator Butts of the 12th:
A Resolution proposing an amendment to the Constitution to alternate the terms of the members of the County Board of Education of Stewart County; rearrange voting districts; provide submission of amendment for ratification; and for other purposes.
SR 104. By Senator Gould of the 4th:
A Resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by local law for the creation of the office of Tax Assessor of Glynn County; and for other purposes.
The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has adopted by the requisite constitutional majority the follow ing Resolutions of the House to wit:
HR 300-744d. By Messrs. Coalson and Pickett of Polk:
A Resolution proposing an amendment to the Constituion so as to authorize the County Board of Education of Polk County to borrow funds; and for other purposes.
HR 371. By Mr. Hawkins of Screven:
A Resolution inviting Dr. Ross A. McParland to address the General Assembly of Georgia; and for other purposes.
HR 303-744g. By Mr. Ellis of Henry:
A Resolution proposing an amendment to the Constitution so as to provide for the election of the members of the Board of Education of Henry County; and for other purposes.
By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time:
HB 882. By Mr. Payton of Coweta:
A Bill to be entitled an Act to provide for the licensing of nursing, convalescent or boarding homes for nursing care of individuals in this State, and for other purposes.
HB 883. By Messrs. Jones of Lowndes, Rowland of Johnson, Miller of Twiggs, Hogan of Laurens and Fowler of Treutlen:
A Bill to be entitled an Act to amend an Act placing the SolicitorGeneral of the Dublin Judicial Circuit on a salary basis, so as to change the compensation of the Solicitor-General, and for other pur poses.
TUESDAY, FEBRUARY 4, 1958
393
HB 884. By Messrs. Jones of Laurens, Rowland of Johnson, Miller of Twiggs, Hogan of Laurens and Fowler of Treutlen:
A Bill to be entitled an Act to amend an Act placing the SolicitorGeneral of the Oconee Judicial Circuit on a salary basis, and for other purposes.
HB 885. By Messrs. Jones of Laurens, Rowland of Johnson, Miller of Twiggs, Hogan of Laurens and Fowler of Treutlen:
A Bill to be entitled an Act to provide that the County of Treutlen shall become a part of the Dublin Judicial Circuit; to remove the County of Treutlen from the Oconee Judicial Circuit; and for other purposes.
HB 886. By Messrs. Payton and Blalock of Coweta:
A Bill to be entitled an Act to authorize and direct the Mayor and Council of the City of Newnan to close Mclntosh Street as a thorough fare in said city; and for other purposes.
HB 887. By Mr. Harrison of Franklin:
A Bill to be entitled an Act to amend an Act creating and establishing a charter and municipal government for the City of Carnesville; to extend the corporate limits, and for other purposes.
HB 888. By Mr. Barber of Jackson:
A Bill to be entitled an Act to amend an Act pertaining to fire in surance, so as to provide for the maximum amount of fire insurance which may be issued; and for other purposes.
HB 889. By Mr. Rowland of Johnson:
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 Johnson, and for other purposes.
HB 890. By Messrs. Holley, Fuqua and Miles of Richmond:
A Bill to be entitled an Act to amend an Act relating to county planning and zoning commissions in certain counties; and for other purposes.
HB 891. By Messrs. Moate of Hancock, Twitty of Mitchell, Jessup of Bleckley, Hawkins of Screven and Sheffield of Brooks:
A Bill to be entitled an Act to amend an Act relating to the bond required of a licensed distributor of motor fuel, so as to authorize the pledging of certain additional bonds; and for other purposes.
HB 892. By Messrs. W. Campbell and A. Campbell of Walker, Hall of Floyd, Pickett of Polk, Bagby of Paulding, Nilan of Muscogee and Gross of Dade:
A Bill to be entitled an Act to authorize the State Board of Education to provide educational and training services for severely mentally re tarded children; and for other purposes.
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JOURNAL OF THE HOUSE,
HB 893. 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.
HB 894. By Messrs. Rowland of Johnson and Jones of Laurens:
A Bill to be entitled an Act to amend an Act relating to the definition of "Employer" and "Employee" for the purposes of Workmen's Com pensation, so as to include in the definition of employer the counties of this State; and for other purposes.
HR 375-894a. By Messrs. Fowler of Douglas and Ray of Warren:
A Resolution relative to the improvement of the State Farmer's Market; and for other purposes.
HR 376-894b. By Mr. Cheatham of Chatham:
A Resolution to compensate A. H. Tuttle for damages; and for other purposes.
HR 377-894c. By Mr. Overby of Hall:
A Resolution to provide payment to W. W. Richardson for damages received in accident; and for other purposes.
HR 378-894d. By Mr. Broome of Bacon:
A Resolution proposing an amendment to the Constitution so as to provide for the election of the members of the Board of Education of Bacon County by the people; and for other purposes.
HR 379-894e. By Messrs. Budd and Walker of Lowndes:
A Resolution proposing an amendment to the Constitution so as to provide that the Board of Education of Lowndes County shall be com posed of five members elected by the people; and for other purposes.
HR 380-894f. By Mr. Jones of Lumpkin:
A Resolution proposing an amendment to the Constitution so as to provide for the issuance of bonds for school purposes in Lumpkin County not to exceed 10 per cent of the assessed value of the taxable property in Lumpkin County; and for other purposes.
HB 895. By Messrs. Roberts and Fellows 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 896. By Messrs. Roberts and Fellows 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.
TUESDAY, FEBRUARY 4, 1958
395
HB 897. By Messrs. Matthews of Clarke, Murphy of Haralson, Freeman of Monroe, Roughton of Washington, and Muscogee of Clinch:
A Bill to be entitled an Act to be known as "The State Detention Homes Act; to authorize the construction of juvenile detention homes in certain areas; and for other purposes.
HB 898. By Mr. Cheatham of Chatham:
A Bill to be entitled an Act making it a misdemeanor to print for sale or distribution, or to circulate, distribute, publish or offer for sale, any letter, paper, document, notice of intent to bring suit, or other notice or demand, which simulates a form of court or legal process; and for other purposes.
HB 899. By Messrs. McClelland, M. Smith and Brooks of Fulton:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of East Point to exclude from the City limits certain territory; and for other purposes.
HB 900. By Messrs. McClelland, M. Smith and Brooks of Fulton:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of College Park; to prescribe limits; and for other purposes.
HB 901. By Messrs. Hawkins of Screven, Sheffield of Brooks and Jessup of Bleckley:
A Bill to be entitled an Act to amend an Act authorizing the Chairman or an official of the State Highway Department to grant special per mits to operate motor vehicles which exceed the weight limitations provided by law; to prescribe the fees for such permits, and for other purposes.
HB 902. By Mr. Barber of Jackson:
A Bill to be entitled an Act to provide that it shall be unlawful for the owner or person in possession of land in any county of this State to have or maintain an abandoned open well or hole; and for other pur poses.
HB 903. By Messrs. Hawkins of Screven, Sheffield of Brooks and Jessup of Bleckley:
A Bill to be entitled an Act to amend an Act pertaining to the main tenance of overpasses and underpasses which have been constructed in the elimination of grade crossings, so as to provide that as to such overpasses or underpasses which are not constructed for the purpose of eliminating grade crossings but for the purpose of carrying new and additional highways of the Federal Interstate System over or under existing railroads, the railroads concerned shall not be responsible for __ maintenance; and for other purposes.
HB 904. By Mr. Cheatham of Chatham:
A Bill to be entitled an Act making it unlawful to send or deliver, or cause to be sent or delivered any letter, paper, document, notice of
396
JOURNAL OF THE HOUSE,
intent to bring suit, or other notice or demand, which stimulates a form of court or legal process, with intent to lead the recipient or sendee to believe the same to be genuine, for the purpose of obtaining any money or thing of value; and for other purposes.
HB 905. By Messrs. McClelland, M. M. Smith and Brooks of Fulton:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of College Park; to prescribe its limits; and for other purposes.
HB 906. By Messrs. McClelland, M. Smith and Brooks of Fulton:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of College Park; to prescribe its limits; and for other purposes.
HB 907. By Mr. Sheffield of Brooks:
A Bill to be entitled an Act to provide for the use of Voting Machines for casting, registering, recording and computing ballots or votes at all elections, including primaries in any and all counties of the State of Georgia, by direct action of the county commissioners, or other governing authorities; and for other purposes.
HB 908. By Mr. Miller of Twiggs:
A Bill to be entitled an Act to repeal an Act relating to the right of action of a husband for the abduction and harboring of a wife; and for other purposes.
HB 909. By Messrs. Alien and Fordham of Bulloch:
A Bill to be entitled an Act to amend an Act incorporating the Town of Portal; and for other purposes.
HR 382-909a. By Messrs. Hawkins of Screven, Sheffield of Brooks and Jessup of Bleckley:
A Resolution to authorize the State Properties Commission to sell all the right, title and interest which the State of Georgia has in certain land located in Fulton County; to provide for the method of sale; and for other purposes.
HR 383-909b. By Messrs. Hawkins of Screven, Sheffield of Brooks, and Jessup of Bleckley:
A Resolution authorizing the Governor to sell a certain tract of land in Liberty County; and for other purposes.
SR 116. By Senators Garrett of the 53rd, Langdale of the 6th and Gillis of the 16th:
A Resolution relative to the improvement of the State Farmers' Market; and for other purposes.
TUESDAY, FEBRUARY 4, 1958
397
SR 117. By Senators Garrett of the 53rd, Stafford of the 47th and Deen of the 46th:
A Resolution relative to hog cholera eradication; and for other purposes.
SR 118. By Senators Garrett of the 53rd, Stafford of the 47th and Deen of the 46th:
A Resolution relative to the inspection of livestock slaughtered in this State, and for other purposes.
SB 177. By Senator Hill of the 54th:
A Bill to be entitled an Act to provide for the relocation of utility facilities when necessitated by Federal-Aid highway projects; and for other purposes.
By unanimous consent, the following Bill of the House, favorably reported, was read the second time:
HB 613. By Messrs. Coalson of Polk, Murphy of Haralson and Bradley of Bartow:
A Bill to be entitled an Act to amend an Act so as to provide that offi cers, departments, agencies, and authorities of the State Government of Georgia now or here after authorized to administer one or more Acts of the General Assembly of Georgia and in connection therewith to issue and serve or cause to be issued and served upon any person, party, firm, corporation, or association, subpoenas, subpoenas duces tecum, or notices to produce documents or other evidence, may likewise serve or cause the same to be served by registered mail and show per fection of service as in said Act provided; 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 88. By Senator Wright of the 24th:
A Resolution proposing an amendment to the Constitution so as to provide for abolishing the existing five member Board of Education of Chattahoochee County and create a new five member Board; and for other purposes.
Referred to the Committee on Local Affairs.
SR 92. By Senator Butts of the 12th:
A Resolution proposing an amendment to the Constitution to alternate the terms of the members of the County Board of Education of Stewart County; and for other purposes.
Referred to the Committee on Local Affairs.
SR 104. By Senator Gould of the 4th: A Resolution proposing an amendment to the Constitution so as to
398
JOURNAL OF THE HOUSE,
authorize the General Assembly to provide by local law for the creation of the office of Tax Assessor of Glynn County; and for other purposes.
Keferred to the Committee on Local Affairs.
SB 182. By Senator Cook of the 42nd:
A Bill to be entitled an Act to amend an Act so as to provide that any crime other than a capital felony shall be bailable for the purposes of this Section, and the judge shall have no discretion to refuse bond in such cases; and for other purposes.
Referred to the Committee on Judiciary.
SB 183. By Senator Sanders of the 18th:
A Bill to be entitled an Act to conform the procedure in divorce, alimony and other defined domestic relations cases to that prevailing in ordi nary civil actions as to appearance day, return term, and trial by consent; and for other purposes.
Referred to the Committee on Judiciary.
SB 187. By Senators Brown of the 52nd, Cook of the 42nd and Sammon of the 34th:
A Bill to be entitled an Act to amend an Act relative to exemption of daily, weekly or monthly wages from process and liabilities of garnish ment; and for other purposes.
Referred to the Committee on Industrial Relations.
SB 193. By Senators Hawes of the 30th, Trotter of the 37th, Mallory of the 25th and Foster of the 26th:
A Bill to be entitled an Act to amend an Act known as the Uniform Act Regulating Traffic on Highways, so as to define reckless driving; and for other purposes.
Referred to the Committee on Highways.
SB 194. By Senators Hawes of the 30th, Trotter of the 37th, Mallory of the 25th and Foster of the 26th:
A Bill to be entitled an Act to amend an Act providing for giving of security by owners and operators of motor vehicles; and for other purposes.
Referred to the Committee on Motor Vehicles.
SB 197. By Senators Hawes of the 30th, Trotter of the 37th and Mallory of the 25th:
A Bill to be entitled an Act to amend an Act defining and enlarging the jurisdiction of Courts of Ordinary so as to change the provisions as to the costs that apply in any case disposed of under this Act; and for other purposes.
Referred to the Committee on Judiaciary.
TUESDAY, FEBRUARY 4, 1958
399
SB 198. By Senator Hawes of the 30th, Trotter of the 37th and Mallory of the 25th:
A Bill to be entitled an Act to amend an Act providing for Juvenile Courts; and for other purposes.
Referred to the Committee on Judiciary.
SB 211. By Senator Hawes of the 30th:
A Bill to be entitled an Act to amend an Act relating to the application for a marriage license; and for other purposes.
Referred to the Committee on State of Republic.
SB 225. By Senator Williams of the 51st:
A Bill to be entitled an Act to amend an Act relating to the operation of the County Manager Form of Government; and for other purposes.
Referred to the Committee on State of Republic.
SB 226. By Senator Pound of the 20th:
A Bill to be entitled an Act to amend an Act relating to the duties of the Clerk of Ordinary or Ordinary; to provide for filing of wills of persons still in life; and for other purposes.
Referred to the Committee on Judiciary.
The following Bill of the House was taken up for the purpose of considering the unfavorable report of the committee:
HB 57. By Mr. Bodenhamer of Tift:
A Bill to be entitled an Act to prohibit the advertisement of spirituous liquors or distilled spirits; and for other purposes.
On the question of agreeing to the unfavorable report of the committee, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Alien Baughman Birdsong Black Bolton Brackin Brennan Broome Busbee Caldwell Carswell Cocke Cowart Dorminy Echols
Fowler of Treutlen Frazier Fuqua Green of Rabun Griffith Gross of Stephens Hall of Lee Hawkins Henderson Holcombe Holley Holloway Huddleston Hurst Kelley
Key Kidd King Lam Lanier Lindsey Matthews Miles Miller of Elbert Murphy Musgrove McWhorter Neese Odom Orr
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JOURNAL OF THE HOUSE,
Pettey Phillips of Columbia Phillips of Walton Pickett Reed Rogers of Heard
Ross Russell Singer Smith of Emanuel Souter Stephens
Walker of Lowndes White Willingham Wright of Floyd Young
Those voting in the negative were Messrs.:
Adams Bagby Barber Barrett Blalock of Coweta Blalock of Clayton Bodenhamer
Bradley Brooks of Pulton Burkhalter Cagle Carr Chastain Cheatham Cheek Cloud Ellis Eyler Fordham Fowler of Douglas Freeman Gross of Bartow Hall of Floyd Harper Harrison
Helms Hodges of Butts Hogan Ingle Irvin Jones of Wayne Jones of Laurens Jones of Sumter Killian Lancaster Lee Lokey Long Love Mackay Martin Mobley Moorman Morris Moss Murr McClelland McGibony Palmer Parker of Pike Parker of Appling
Pelham Perkins Perry Ramsey Roberts Rutland Scoggin Sivell Smith of Forsyth Smith of Lamar Smith of Whitfield Smith of Bryan Story Summers Tabb Tamplin Taylor Todd Truelove Twitty Weems Wells Willis Wilson Winkle
On the question of agreeing, the ayes were 62, nays 77.
The unfavorable report of the committee was disagreed to and the Bill was read the second time.
Under the regular order of business, the following Bill of the House was taken up for consideration and read the third time:
HB 709. By Messrs. Moate of Hancock, Hawkins of Screven and Jessup of Bleckley:
A Bill to be entitled an Act to amend an Act creating a Department of Public Safety; and for other purposes.
The following amendments were read and adopted:
Mr. Busbee of Dougherty moves to amend HB 709 by striking the period at the end of the sentence in Section 3 which reads: "The increases provided herein shall likewise be received by the Members
TUESDAY, FEBRUARY 4, 1958
401
of the Headquarters staff" and adding a comma followed by the fol lowing words "except the Director and Deputy Director," so that said sentence as amended shall read. "The increases provided for herein shall likewise be received by Members of the Headquarters Staff, except the Director and Deputy Director."
Mr. Bagby of Paulding moves to amend HB 709 by striking from Section 3, paragraph 9, line 14 of the printed copy of said Bill the figures "$2,165.00" and inserting in lieu thereof the figures "$2,400.00."
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 roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Alien
Bagby Ballard Barber Barrett Baughman Birdsong Black Blalock of Coweta Blalock of Clayton Boggs Brackin Bradley Brennan Brooks of Oglethorpe Brooks of Fulton Broome Budd Burkhalter Busbee Cagle Caldwell Callier A. Campbell of
Walker W. Campbell of
Walker Carlisle Carr Carswell Carter Chastain Cheatham Cheek
Cloud Coalson Cocke Cowart Craven Denmark Dorminy Echols Elder Ellis Eyler Fellows Flynt Fordham Fowler of Douglas Frazier Freeman Green of Rabun Greene of Bartow Griffith Grimsley Gross of Stephens Gunter Hall of Lee Hall of Floyd Hardaway Harper Harrison Hawkins Helms Henderson Hendrix Hill Hodges of Ware
Hodges of Butts Hogan Holcombe Holley Holloway Huddleston Hurst Ingle Irvin Jessup Johnson Jones of Wayne Jones of Worth Jones of Lumpkin Jones of Baker Jones of Laurens Jones of Crawford Kelley Kennedy Key Kidd Killian Kimmons King Lam Land Lee Lindsey Lokey Lott Love Martin Matthews Miles
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JOURNAL OF THE HOUSE,
Miller of Twiggs Miller of Elbert Mobley Moorman Morris Moss Murphy Murr Musgrove McClelland McCracken McGibony MeKenna Neese Newton Nichols Orr Overby Palmer Parker of Pike Parker of Ware Parker of Appling
Payton Pelham Perry Peters Phillips of Columbia Phillips of Walton Pickett Ramsey Raulerson Ray Reed Roberts Rogers of Heard Ross Russell Scoggins Short Smith of Forsyth Smith of Emanuel Smith of Lamar Smith of Whitfield Souter
Stephens Story Summers Tabb Tamplin Taylor Todd Truelove Twitty Underwood Veal Walker of Telfair Watson Weems Wells White Willingham Willis Wooten Wright of Floyd Wright of Dodge Yandle
Those voting in the negative were Messrs.:
Adams Fowler of Treutlen
Lancaster Long
Wilson
On the passage of the Bill, as amended, the ayes were 165, nays 6.
The Bill, having received the requisite constitutional majority, was passed, as amended.
The Bill was ordered immediately transmitted to the Senate.
Messrs. Gross of Dade, Bodenhamer of Tift and Smith of Emanuel asked that the Journal show them as having voted "aye" on HB 709.
By unanimous consent, the following Bill of the House was withdrawn from further consideration of the House:
HB 843. By Mr. Bolton of Spalding:
A Bill to be entitled an Act to amend Charter 56-10 of the Code of Georgia, entitled accident liability and casualty insurance; and for other purposes.
The following Resolution of the House was read and adopted:
HR 395. By Messrs. Moate of Hancock, Griffith and Kidd of Baldwin, Nilan of Muscogee, Mann of Rockdale and Land of Wilkinson:
A RESOLUTION
WHEREAS, there are many talented performers at the Milledgeville State Hospital, and
TUESDAY, FEBRUARY 4, 1958
403
WHEREAS, the Milledgeville State Hospital has recently set up a department of Musical Therapy in addition to Occupational and Recreational Therapy,
THEREFORE, BE IT RESOLVED by the House of Representa tives that the Milledgeville State Hospital be requested to give a performance before the House of Representatives on Friday, February 14, at 10:30 A.M.
BE IT FURTHER RESOLVED that the Clerk is directed to for ward a copy of this Resolution to the Hon. T. G. Peacock, Superin tendent of the Milledgeville State Hospital.
Under the regular order of business the following Bill of the Senate was again taken up for consideration:
SB 16. By Senator Sanders of the 18th:
A Bill to be entitled an Act to delimit the effect of "Open End" clauses appearing in mortgages or deeds conveying realty as security for a debt; and for other purposes.
The following amendment was read and adopted:
85 *"""
The committee on Judiciary moves to amend SB 16 by adding a
new Section 2, and by renumbering the original Section 2 so that it becomes Section 3 and renumbering the original Section 3 so that it will become Section 4, so that Sections 2, 3 and 4 of SB 16 when amended will read as follows:
Section 2. A real estate mortgage or deed conveying realty as security for a debt which contains provisions that it secures advances made to pay taxes, to pay premiums on insurance on the property or to repair, maintain or preserve the property or to complete improve ments on the property shall secure any such advances made by any owner by the original mortgagor or grantor or owned by a subsequent purchaser of such property, and if so provided therein shall secure all expenses incident to the collection of the debt thereby secured and the foreclosure thereof by action in any court and by exercise of a power of sale therein contained.
Section 3. This Act shall not apply retrospectively but only prospectively and only to instruments containing open-end clauses executed after the date approval of this Act.
Section 4. 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, as amended, was agreed to.
On the passage of the Bill, as amended, 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.:
Adams Alien Ballard Barber Barrett Baughman Birdsong Blalock of Coweta Boggs Bolton Brooks of Oglethorpe Burkhalter Busbee Cagle Caldwell Callier
A. Campbell of Walker
W. Campbell of Walker
Carlisle Carr Carswell Carter Chastain Cheek Cloud Coalson Cocke Cowart Craven Duncan Echols Elder Ellis Eyler Fellows Flynt Fordham Fowler of Douglas Fowler of Treutlen Freeman Gowen Green of Rabun Griffith Grimsley Gross of Stephens Gross of Dade
Gunter Hall of Floyd Hall of Lee Hardaway Harper Hawkins Helms Hill Hodges of Ware Hodges of Butts Hogan Holcombe Holloway Hurst Ingle Irvin Jessup Johnson Jones of Wayne Jones of Worth Jones of Lumpkin Jones of Laurens Kelley Kennedy Key Killian Kimmons King Lam Lancaster Land Lindsey Lokey Long Lott Love Maekay Martin Matthews Miller of Elbert Mobley Moorman Moss Murphy Murr Musgrove McClelland McCracken
McGibony McKenna McWhorter Neese Newton Odom Orr Overby Palmer Parker of Ware Parker of Appling Payton Pelham Perry Peters Pettey Phillips of Columbia Phillips of Walton Pickett Raulerson Ray Reed Roberts Rogers of Heard Ross Scoggin Smith of Forsyth Smith of Emanuel Smith of Fulton Smith of Whitfield Souter Stephens Story Summers Taylor Todd Underwood Veal Walker of Lowndes Walker of Telfair
Weems Willingham Willis Wilson Winkle Yandle
Those voting in the negative were Messrs.:
Jones of Crawford Wells
Wooten
Wright of Floyd
On the passage of the Bill, as amended, the ayes were 140, nays 4.
TUESDAY, FEBRUARY 4, 1958
405
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 667. By Messrs. Moate of Hancock, Hawkins of Screven, Matthews of Clark, Roughton of Washington and many others:
A Bill to be entitled an Act to amend an Act so as to provide for a Director of Probation rather than a Chief Probation Supervisor; and for other purposes.
The following amendments were read and adopted:
Mr. Smith of Emanuel proposes to amend Section 6 of HB 667 as follows:
by striking in their entirety the following words wherever they appear in said Section:
"must hereafter have at least two years college training from an accredited college or university;"
and inserting in lieu thereof the following:
"must hereafter have at least a high school education."
Mr. Veal of Putnam moves to amend HB 667 as follows:
By inserting a new Section, between Sections 11 and 12, and to be numbered Section 11-A, reading as follows:
"Said Act is further amended by striking Section 10 thereof, and substituting in lieu thereof a new Section 10, reading as fol lows:
"Section 10. The Court shall determine the terms and condi tions of probation and may provide that the probationer shall (1) Avoid injurious and vicious habits; (2) Avoid persons or places of disreputable or harmful characters; (3) Report to the probation officer as directed; (4) Permit such officer to visit him at his home or elsewhere; (5) Work faithfully at suitable employment insofar as may be possible; (6) Remain within a specified location; (7) Make reparation or restitution to any aggrieved person for the damage or loss caused by his offense in an amount to be determined by the Court, provided, however, that no reparation or restitution to any aggrieved person for the damage or loss caused by his offense shall be made if the amount is in dispute unless the same has been adjudicated; (8) Support his legal dependents to the best of his ability."
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.
406
JOURNAL OF THE HOUSE,
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 Bagby Ballard Barber Baughman Birdsong Black Blalock of Coweta Blalock of Clayton Bodenhamer Boggs Bolton Brackin Bradley Brennan Brooks of Oglethorpe Brooks of Pulton Broome Budd Burkhalter Busbee Caldwell Callier Carlisle Carr Carswell Carter Cheatham Cheek Coalson
Cocke Cowart Craven Denmark Dorminy Duncan Echols
Elder Ellis Fellows Fordham Freeman Fuqua Gowen Green of Rabun Greene of Bartow
Griffith Grimsley Gross of Stephens Gross of Dade
Gunter Hall of Floyd Hall of Lee Hardaway Harper Harrison Hawkins Helms Henderson Hill Hodges of Ware Hodges of Butts Hogan Holcombe Holley Holloway Huddleston Hurst Ingle Irvin Jessup Johnson Jones of Wayne Jones of Worth Jones of Lumpkin Jones of Baker Jones of Laurens Jones of Crawford Kelley Kennedy Key Kidd Killian Kimmons King Lam Lancaster Land Lanier Lee Lindsey Lott Martin Matthews Miles Miller of Twiggs Miller of Elbert Mobley Moorman Morris Moss
Murphy Murr Musgrove McCracken McGibony McKenna Newton Nichols Nilan Odom Orr Overby Parker of Ware Parker of Appling Payton Pelham Perry Peters Pettey Phillips of Columbia Phillips of Walton Pickard Pickett Ramsey Ray Reed Roberts Rogers of Heard Ross Scoggin Short Smith of Forsyth Smith of Emanuel
Souter Stephens Story Summers Tabb Tamplin Taylor Todd Truelove Twitty Underwood Veal Walker of Lowndes Walker of Telfair
Watson Weems Wells White
TUESDAY, FEBRUARY 4, 1958
407
Willingham Wilson
Winkle Wooten
Wright of Dodge Young
Those voting in the negative were Messrs.:
Palmer
Smith of Bryan
On the passage of the Bill, as amended, the ayes were 159, nays 2.
The Bill, having received the requisite constitutional majority, was passed, as amended.
Mr. Smith of Fulton asked that the Journal show him as having voted "eye" on HB 667.
HB 162. By Messrs. Holcombe of Cobb, Bagby of Paulding and Campbell of Walker:
A Bill to be entitled an Act to create a Georgia State Examining Board for Hairdressers and Cosmetologists; and for other purposes.
Mr. Veal of Putnam moved that HB 162 be tabled.
The motion prevailed, and the Bill was tabled.
The following Resolution of the House was read and adopted:
HR 396. By Mr. Smith of Fulton:
A RESOLUTION
WHEREAS, on February 14, 1858, a band of devoted Christians met and established the Central Presbyterian Church of Atlanta, Geor gia, directly across from this State Capitol, dedicating it to the Glory of God and the Advancement of His Kingdom; and,
WHEREAS, the Central Presbyterian Church has remained in this location for one hundred years despite war, depression, and the en croachment of a vibrant, living City; and,
WHEREAS, this Church has always opened its doors and its heart to those in need of spiritual refreshment, and has labored long and diligently in the Master's service among the indigent and sick of our community, inspired by leaders who have left an indelible imprint upon our memories; and,
WHEREAS, the week of February 9-16, 1958, will be devoted to services at the Church in celebration of this Centennial, and the mem bers of the General Assembly have been cordially invited to attend these services;
THEREFORE, BE IT RESOLVED BY THIS HOUSE OF REPRE SENTATIVES, THE SENATE CONCURRING, That both Houses of the General Assembly do tender their heartfelt appreciation of the work being done in the Master's name by this great Church, and join with the many citizens of the City of Atlanta in extending con gratulations during this, their Centennial Celebration.
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JOURNAL OP THE HOUSE,
BE IT FURTHER RESOLVED That both Houses do commend the excellent leadership of the present pastor, the Honorable Dr. Stuart R. R. Oglesby, the inspiration of former pastors, including Dr. Ben R. Lacy, Jr., and Dr. Givens B. Strickler, and others, and urge the people of our community to attend the great meetings to be conducted by the Honorable Dr. William M. Elliott, Jr., and the Honorable Dr. Ben R. Lacy, Jr., the latter being the only living former pastor of this Church. We regard the Central Presbyterian Church as our neighbor, we rejoice in its accomplishments, and we pray our Father that it will continue its wonderful service in His Name for a second One Hundred years.
BE IT FURTHER RESOLVED THAT a copy of this Resolution be sent to the Central Presbyterian Church, the Honorable Dr. Stuart R. Oglesby, the Honorable Dr. William M. Elliott, and the Honorable Dr. Ben R. Lacy, Jr., with the best wishes of the Senate and the House of Representatives of the Sovereign State of Georgia.
The following Resolution of the House was read and referred to the com mittee on State of Republic:
HR 397. By Messrs. Twitty of Mitchell, Moate of Hancock, Smith of Emanuel and Palmer of Mitchell:
A Resolution calling for the appointment of a study committee to probe the reason for increased insurance rates in Georgia; and for other purposes.
Under the regular order of business, the following Bill of the House was taken up for consideration and read the third time:
HB 780. By Mr. Fowler of Douglas:
A Bill to be entitled an Act to amend an Act relating to second primary elections; 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.:
Adams Alien
Birdsong Black
Blalock of Coweta Blalock of Clayton Bodenhamer
Boggs Bolton
Brackin Brooks of Oglethorpe
Busbee Caldwell Carlisle
Carr Carswell
Cheatham Cloud
Cowart Craven Denmark
TUESDAY, FEBRUARY 4, 1958
409
Dorminy Duncan Echols Fellows Flynt Fowler of Douglas Frazier Fuqua Green of Rabun Griffith Grimsley Harper Harrison Helms Hendrix Hill Hodges of Ware Hogan Holcombe Holloway Ingle Johnson Jones of Wayne Jones of Worth Jones of Lumpkin Jones of Laurens Jones of Crawford Key
Kidd Kimmons Lam Lanier Lee Lindsey Love Matthews Miles Miller of Elbert Mobley Moorman Morris Moss Murphy Murr Musgrove McCracken Newton Nilan Orr Palmer Parker of Appling Payton Pelham Peters Phillips of Columbia Ramsey
Raulerson Ray Roberts Rogers of Heard Ross Smith of Forsyth Smith of Emanuel Smith of Whitfield Souter Stephens Story Summers Tamplin Taylor Todd Truelove Twitty Underwood Walker of Lowndes Walker of Telfair Wells White Willingham Willis Winkle Wooten Yandle
Those voting in the negative were Messrs.:
Barber Bradley Brennan Broome Budd Cheek Cloud Ellis Eyler Greene of Bartow Gross of Stephens Gunter
Hall of Lee Hawkins Henderson Hodges of Butts Huddleston Jones of Baker Kelley Kennedy Lancaster Long Martin McClelland
McGibony McKenna Odom Parker of Pike Perkins Pickett Smith of Lamar Smith of Fulton Smith of Bryan Tabb Watson Wilson
On the passage of the Bill, the ayes were 104, nays 36.
The Bill, having received the requisite constitutional majority, was passed.
Mr. Carter of Hart asked that the Journal show him as having voted "nay" on HB 780.
Mr. Hawkins of Screven moved that the House do now adjourn until 10:00 o'clock, a.m., tomorrow morning, and the motion prevailed.
The Speaker announced the House adjourned until 10:00 o'clock tomorrow morning.
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JOURNAL OF THE HOUSE,
Representative Hall, Atlanta, Georgia Wednesday, February 5, 1958
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
Bagby Ballard Barber Barrett Baughman Birdsong Black Blalock of Coweta Blalock of Clayton
Bodenhamer
Boggs Brackin Bradley Brennan Brooks of Oglethorpe Brooks of Fulton
Broome Budd Busbee Cagle Caldwell Callier A. Campbell of
Walker W. Campbell of
Walker Carlisle Carr Carswell
Chastain Cheatham Cheek Cloud Coalson Cocke Cowart Craven Crummey Denmark Dorminy Duncan Echols Elder
Ellis Eyler Fellows Flynt Fordham Fowler of Douglas Fowler of Treutlen Frazier Freeman Fuqua Gowen Green of Rabun Greene of Bartow Grimsley Gross of Stephens Gunter Hall of Floyd Hall of Lee Hardaway Harper Harrison Hawkins Helms Henderson Hendrix Hill Hodges of Ware Hodges of Butts Hogan Holcombe Holley Holloway Huddleston Hurst Ingle Irvin Jessup Johnson Jones of Wayne Jones of Worth Jones of Lumpkin Jones of Baker Jones of Laurens Jones of Sumter Jones of Crawford
Kelley Kennedy Key Killian Kimmons King Lam Lancaster Land Lee Lokey Long Lott Mackay Mann Martin Matthews Miles Miller of Twiggs Miller of Elbert Mobley Moorman Morris Moss Mull Murphy Murr Musgrove McClelland McCracken McGibony McKenna McWhorter Neese Newton Nichols Nilan Odom Orr Overby Palmer Parker of Pike Parker of Ware Parker of Appling Payton
WEDNESDAY, FEBRUARY 5, 1958
411
Pelham Perkins Perry Phillips of Columbia Phillips of Walton Pickard Pickett Ramsey Raulerson Ray Reed Roberts Rogers of Heard Ross Rowland Russell Rutland
Scoggin Short Singer Sivell Smith of Forsyth Smith of Lamar Smith of Fulton Smith of Whitfield Smith of Bryan Souter Stephens Story Summers Tabb Tamplin Taylor Todd
Truelove Twitty Underwood Veal Walker of Lowndes Walker of Telfair Watson Wells White Willingham Willis Wilson Wright of Floyd Wright of Dodge Yandle Young
Mr. Black of Webster, Chairman of the committee on Auditing, Enrolling & Engrossing, 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. 2. First reading and reference of House Bills and Resolutions. 3. Reports of standing committees. 4. Second reading of Bills and Resolutions. 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 Bill of the Senate was taken from the table and placed on the Calendar:
SB 155. By Senators Holder of the 48th and Roper of the 41st:
A Bill to be entitled an Act to amend the non-profit Medical Service Act of 1950; and for other purposes.
By unanimous consent, the following Bill of the House was placed on the Calendar for the purpose of considering the unfavorable report of the committee:
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JOURNAL OF THE HOUSE,
HB 825. By Messrs. Carswell and Mobley of Burke and others:
A Bill to be entitled an Act to amend an Act relating to the wife's separation estate; 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 947. By Messrs. Holloway and Busbee 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 authorize the City of Albany to extend its electrical distribution system without and beyond the corporate limits of the City of Albany; and for other purposes.
Referred to the Committee on Local Affairs.
HB 948 By Messrs. Holloway and Busbee 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 enlarge the powers of eminent domain possessed by said City; to authorize the condemnation of certain public utility property; and for other purposes.
Referred to the Committee on Local Affairs.
HB 949. By Messrs. Frazier of Jeff Davis and Underwood of Montgomery:
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 exclude the sale of use of fuel used in curing tobacco; and for other purposes.
Referred to the Committee on Ways and Means.
HB 950. By Messrs. Jones of Lumpkin and Twitty of Mitchell:
A Bill to be entitled an Act to amend an Act relating to the exceptions to the applicability of Code Chap. 84-14 relating to "Real Estate Brokers and Salesmen, in certain counties; and for other purposes.
Referred to the Committee on State of Republic.
HB 951. By Messrs. Frazier of Jeff Davis, Fowler of Douglas and Underwood of Montgomery:
A Bill to be entitled an Act to amend an Act relating to the levy and exemptions of the tax on motor fuels; and for other purposes.
Referred to the Committee on Ways and Means.
HB 952. By Messrs. Busbee and Holloway 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 authorize the City of Albany to termi nate or revoke certain franchises, licenses or privileges of public utility corporations; and for other purposes.
Referred to the Committee on Local Affairs.
WEDNESDAY, FEBRUARY 5, 1958
413
HB 953. By Mr. Chastain of Thomas:
A Bill to be entitled an Act to amend the Charter of the City of Thomasville; and for other purposes.
Referred to the Committee on Local Affairs.
HB 954. By Mr. Walker of Telfair:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Milan; and for other purposes.
Referred to the Committee on Local Affairs.
HB 955. By Messrs. Cheatham, Eyler and Brennan of Chatham:
A Bill to be entitled an Act to amend an Act incorporating and creating a charter for the City of Port Wentworth, so as to increase the corpo rate limits of said city; and for other purposes.
Referred to the Committee on Local Affairs.
HB 956. By Mr. Kelley of Dawson:
A Bill to be entitled an Act to amend an Act creating the office of County Tax Commissioner of Dawson County; and for other purposes.
Referred to the Committee on Local Affairs.
HB 957. By Messrs. Rogers of Charlton, Odom of Camden, Raulerson of Echols and Perry of Marion:
A Bill to be entitled an Act to amend an Act known as the Uniform Act Regulating Traffic on Highways, so as to increase the speed limits of vehicles; and for other purposes.
Referred to the Committee on Highways:
HB 958. By Messrs. McClelland, Brooks and M. Smith of Fulton:
A Bill to be entitled an Act establishing a new charter for the City of College Park, providing for the repaving of streets or alleys; and for other purposes.
Referred to the Committee on Local Affairs.
HB 959. By Messrs. McWhorter, Mackay and Rutland of DeKalb:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Chamblee; and for other purposes.
Referred to the Committee on Local Affairs.
HB 960. By Messrs. Brennan, Cheatham and Eyler of Chatham:
A Bill to be entitled an Act to provide that all amounts collected in a sinking fund pursuant to the provisions of the Constitution, and irrevocably pledged and appropriated to the retirement of the out standing bonded indebtedness for which they are collected and which
414
JOURNAL OF THE HOUSE,
cannot be legally used for any other purpose, shall be deductible from total bonded debt, etc., and for other purposes.
Referred to the Committee on Judiciary.
HB 961. By Messrs. Helms of Atkinson, Twitty of Mitchell, Kimmons of Pierce, Lott of Berrien, Sheffield of Brooks, Moorman of Lanier and others:
A Bill to be entitled an Act to amend an Act so as to admit graduates of certain law school to the practice of law without examination; and for other purposes.
Referred to the Committee on State of Republic.
HB 962. By Messrs. Pickett and Coalson of Polk:
A Bill to be entitled an Act to place the Coroner of Polk County on a salary basis in lieu of a fee basis; and for other purposes.
Referred to the Committee on Local Affairs.
HB 963. By Messrs. Pickett and Coalson of Polk:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Cedartown, so as to change the maximum fine limitation; and for other purposes.
Referred to the Committee on Local Affairs.
HB 964. By Mr. Hendrix of Long:
A Bill to be entitled an Act to amend an Act supplementing the com pensation of the Ordinary of Long County; and for other purposes.
Referred to the Committee on Local Affairs.
HB 965. By Mr. Hendrix of Long:
A Bill to be entitled an Act to amend an Act establishing a City Court of Ludowici; and for other purposes.
Referred to the Committee on Local Affairs.
HB 966. By Mr. Hawkins of Screven:
A Bill to be entitled an Act to amend an Act providing for retirement benefits for the Ordinaries of Georgia, so as to change the composition of the board; and for other purposes.
Referred to the Committee on Judiciary.
HB 967. By Mr. Hawkins of Screven:
A Bill to be entitled an Act limiting the purposes for which counties and municipalities may levy and collect taxes; and for other purposes.
Referred to the Committee on State of Republic.
WEDNESDAY, FEBRUARY 5, 1958
415
HB 968. By Messrs. McClelland, Brooks and M. Smith of Fulton:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Fairburn; and for other purposes.
Referred to the Committee on Local Affairs.
HR 398-968a. By Mr. Carter of Hart:
A Resolution proposing an amendment to the Constitution so as to provide that the Board of Education of Hart County shall be composed of eight members elected by the people; and for other purposes.
Referred to the Committee on Local Affairs.
HR 399-968b. By Messrs. Palmer and Twitty of Mitchell and Raulerson of Echols:
A Resolution proposing an amendment to the Constitution so as to provide that motor vehicles shall be subject to only one form of taxation which shall be a license tax; and for other purposes.
Referred to the Committee on Ways and Means.
HR 400-968c. By Mr. Ray of Warren:
A Resolution authorizing the Governor, in his discretion, acting for and on behalf of the State of Georgia to convey certain lands owned by the State Highway Department of Georgia in Warren County, to Mrs. W. P. English for a consideration of $1.00; and for other purposes.
Referred to the Committee on State Institutions and Property.
HR 401-968d. By Mr. Land of Wilkinson:
A Resolution to designate the bridge over Turkey Creek on State Highway No. 112, as the E. Cuyler Adams Bridge and for other purposes.
Referred to the Committee on Local Affairs.
HB 969. By Messrs. McKenna, Carlisle and Wilson of Bibb:
A Bill to be entitled an Act to close an alley known as Cemetery Lane in the City of Macon; and for other purposes.
Referred to the Committee on Local Affairs.
HB 970. By Messrs. Bolton and Lindsey of Spalding:
A Bill to be entitled an Act to amend an Act relating to the regulation of rates for fire, marine and inland marine insurance, so as to provide for public hearings prior to the authorization of rate increases; and for other purposes.
Referred to the Committee on Insurance.
HB 971. By Messrs. Bolton and Lindsey of Spalding:
A Bill to be entitled an Act to amend an Act relating to the regulation of rates for casualty and other forms of insurance, so as to provide
416
JOURNAL OF THE HOUSE,
for public hearings prior to the authorization for rate increases; and for other purposes.
Referred to the Committee on Insurance.
By unanimous consent, the following Resolution of the House was withdrawn from the committee on Ways and Means, and recommitted to the committee on State of Republic:
HR 369-881a. By Messrs. Hawkins of Screven, Jessup of Bleckley and Sheffield of Brooks:
A Resolution proposing an amendment to the Constitution so as to authorize the levying of taxes for the purpose of paying retirement benefits; and for other purposes.
By unanimous consent, the following committee reports were submitted and read:
Mr. Fowler of Douglas County, Chairman of the Committee on Agriculture, submitted the following report:
Mr. Speaker: Your Committee on Agriculture 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 117. Do Pass.
SB 118. Do Pass. SB 116. Do Pass.
SB 213. Do Pass. HB 775. Do Pass.
Respectfully submitted, Fowler of Douglas, Chairman.
Mr. Twitty of Mitchell County, Chairman of the Committee on General Judiciary, submitted the following report:
Mr. Speaker:
Your Committee on General Judiciary 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 :
HB 825. Do Not Pass.
HB 698. Do Pass.
HB 661. Do Pass.
HB 868. Do Pass.
WEDNESDAY, FEBRUARY 5, 1958
417
SB 214. Do Pass. HB 898. Do Pass. HR 253-662c. Do Not Pass. HB 904. Do Pass.
Respectfully submitted, Twitty of Mitchell, Chairman.
Mr. Cocke of Terrell County, Chairman of the Committee on Natural Re sources, submitted the following report:
Mr. Speaker:
Your Committee on Natural Resources 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 727. Do Pass.
Respectfully submitted,
Cocke of Terrell,
Chairman.
Denmark, Secty.
Mr. Stephens of Clarke County, Chairman of the Committee on Special Judiciary, submitted the following report:
Mr. Speaker:
Your Committee on Special Judiciary has had under consideration the following Bill and Resolutions of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 783. Do Pass.
HR 326-785a. Do Pass.
HR 327-785b. Do Pass.
HR 328-785c. Do Pass.
HR 331-785f. Do Pass.
Respectfully submitted,
Stephens of Clarke,
Chairman.
By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time:
HB 910. By Messrs. Blalock and Lee of Clayton:
A Bill to be entitled an Act to amend an Act pertaining to fees of Constables; and for other purposes.
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JOURNAL OF THE HOUSE,
HB 911. By Messrs. Holloway and Busbee of Dougherty:
A Bill to be entitled an Act to create the Albany Dougherty Payroll Development Authority; and for other purposes.
HB 912 By Messrs. Blalock and Lee of Clayton:
A Bill to be entitled an Act to amend an Act pertaining to fees of Justices of the Peace; and for other purposes.
HB 913. By Messrs. Frazier of Jeff Davis, Underwood of Montgomery, Fowler of Douglas and Palmer of Mitchell:
A Bill to be entitled an Act to amend an Act relating to the levy of tax and exemptions, so as to provide a refund of all tax paid on kerosene or fuel oil used in the curing of leaf tobacco by procedure connected therewith; and for other purposes.
HB 914. By Mr. Ellis of Henry:
A Bill to be entitled an Act to fix the compensation of the members of the Board of Education of Henry County; and for other purposes.
HB 915. By Mr. Carter of Hart:
A Bill to be entitled an Act to provide for nominations of persons to be elected, selected or appointed by the Grand Jury of Hart County; and for other purposes.
HB 916. By Mr. Carter of Hart:
A Bill to be entitled an Act to create a Board of Commissioners of Roads and Revenues in and for Hart County; and for other purposes.
HB 917. By Mr. Carter of Hart:
A Bill to be entitled an Act to abolish the office of Treasurer of Hart County and to transfer the duties of said Treasurer to the Board of Finance of said County and to their successors in office; and for other purposes.
HB 918. By Mr. Elder of Oconee:
A Bill to be entitled an Act to amend an Act creating the Board of Commissioners of Roads and Revenues for the County of Oconee; and for other purposes.
HB 919. By Mr. Yandle of Toombs:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Vidalia; and for other purposes.
HB 920. By Mr. Kimmons of Pierce:
A Bill to be entitled an Act to amend an Act to establish the City Court of Blackshear; and for other purposes.
WEDNESDAY, FEBRUARY 5, 1958
419
HB 921. By Mr. Kimmons of Pierce:
A Bill to be entitled an Act to amend an Act creating and providing for a charter for the City of Blackshear; and for other purposes.
HB 922. By Mr. Coalson of Polk:
A Bill to be entitled an Act incorporating the City of Rockmart, to include certain additional territory in the city limits; and for other purposes.
HB 923. By Mr. Grimsley of Cook:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Adel, so as to change the corporate limits of said City; and for other purposes.
HB 924. By Mr. Brackin of Seminole:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Donalsonville; and for other purposes.
HB 925. By Mr. Adams of Evans:
A Bill to be entitled an Act creating and incorporating the City of Claxton; and for other purposes.
HB 926. By Messrs. Caldwell and Echols of Upson:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Thomaston, so as to change and extend the present corporate limits; and for other purposes.
HB 927. By Messrs. Caldwell and Echols of Upson:
A Bill to be entitled an Act to amend an Act incorporating the City of Silvertown, relating to the registration and qualification of voters; and for other purposes.
HB 928. By Messrs. Caldwell and Echols of Upson:
A Bill to be entitled an Act to repeal an Act incorporating the City of Silvertown, so as to abolish the charter of said City; and for other purposes.
HB 929. By Messrs. Caldwell and Echols of Upson:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Thomaston, so as to change and extend the present corporate limits; and for other purposes.
HB 930. By Messrs. Echols and Caldwell of Upson:
A Bill to be entitled an Act to amend an Act incorporating the City of Silvertown so as to provide for elective commissioners; to provide authorization for a City Manager; and for other purposes.
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JOURNAL OF THE HOUSE,
HB 931. By Messrs. M. M. Smith, McClelland and Brooks of Fulton:
A Bill to be entitled an Act to amend an Act, so as to provide for a refund of contributions by members made for months for which no pension credit accrues in counties having a population of more than 150,000; and for other purposes.
HB 932. By Messrs. Mann of Rockdale, M. M. Smith of Fulton and Bagby of Paulding:
A Bill to be entitled an Act to amend an Act relating to the profession of Chiropody; and for other purposes.
HB 933. By Messrs. M. M. Smith, Brooks and McClelland of Fulton:
A Bill to be entitled an Act to amend an Act relating to pension for members of the police department in cities having a population of 150,000; and for other purposes.
HB 934. By Messrs. McClelland, Brooks and M. Smith of Fulton:
A Bill to be entitled an Act to amend an Act to create a system of traffic courts for counties having a population of more than 300,000; and for other purposes.
HB 935. By Mr. Singer of Stewart:
A Bill to be entitled an Act to fix the compensation of the Tax Com missioner in counties having a population of not less than 9,135 nor more than 9,210; and for other purposes.
HB 936. By Messrs. McWhorter, Mackay and Rutland of DeKalb:
A Bill to be entitled an Act to amend an Act creating five school Board Electoral Districts in DeKalb County; and for other purposes.
HB 937., By Messrs. McWhorter, Mackay and Rutland of DeKalb:
A Bill to be entitled an Act to amend an Act and known as the DeKalb County Pension System Act, so as to provide for the designation of beneficiaries by members of said pension system; and for other purposes.
HB 938. By Mr. Veal of Putnam:
A Bill to be entitled an Act to amend the Charter of the City of Eatonton relating to Tax Assessors; and for other purposes.
HB 939. By Messrs. Lott of Berrien, Bagby of Paulding, Grimsley of Cook, Killian of Glynn and Campbell of Walker:
A Bill to be entitled an Act to amend an Act relating to the levy of motor-fuel tax and exemption, so as to provide a refund of all tax paid on motor-fuel used by a County Board of Education in the opera tion of school busses and for other purposes.
WEDNESDAY, FEBRUARY 5, 1958
421
HB 940. By Mr. Baughman of Early:
A Bill to be entitled an Act to amend an Act entitled "An Act to create and incorporate the City of Blakely; and for other purposes.
HR 389-940a. By Messrs. McWhorter, Rutland and Mackay of DeKalb:
A Resolution proposing an amendment to the Constitution so as to authorize the Board of Commissioners of Roads and Revenues of DeKalb County to enact ordinances for the implementation and en forcement of all duties and powers now or hereafter vested in said Board and to provide penalties for violation of such ordinances; and for other purposes.
HR 390-940b. By Messrs. Holloway and Busbee of Dougherty:
A Resolution proposing an amendment to the Constitution to create the Albany Dougherty Payroll Development Authority as a Consti tutional authority and public corporation; and for other purposes.
HR 391-940c. By Messrs. Blalock and Lee of Clayton: A Resolution to compensate Mr. W. M. Thomas; and for other purposes.
HR 392-940d. By Mr. Roughton of Washington:
A Resolution proposing an amendment to the Constitution so as to provide for the election of the members of the Board of Education of Washington County; and for other purposes.
HB 941. By Messrs. Mackay, McWhorter and Rutland of DeKalb:
A Bill to be entitled an Act to amend the City Charter of Doraville; to increase the limitation on the salary of Chairman of the Board of Commissioners salary to $75.00 per month; and for other purposes.
HB 942. By Mr. Cheatham of Chatham:
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.
HR 393-942a. By Mr. Cheatham of Chatham: A Resolution compensating Olyn Evans; and for other purposes.
HB 943. By Mr. Wright of Dodge:
A Bill to be entitled an Act to create a Board of Commissioners of Roads and Revenues for Dodge County; to provide for commissioner districts; and for other purposes.
HB 944. By Mr. Wright of Dodge:
A Bill to be entitled an Act to amend the charter of the City of East man, so as to extend the corporate limits; and for other purposes.
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JOURNAL OF THE HOUSE,
HR 394-944a. By Mr. Smith of Forsyth:
A Resolution to proclaim and designate October 31st of each year as "Youth Honor Day", and for other purposes.
HB 945. By Messrs. Moate of Hancock, Hawkins of Screven, Jessup of Bleckley and Sheffield of Brooks:
A Bill to be entitled an Act to authorize the acquisition by the State of Stone Mountain and the area surrounding the same; and for other purposes.
HB 946. By Messrs. Moate of Hancock, Hawkins of Screven, Jessup of Bleckley and Sheffield of Brooks:
A Bill to be entitled an Act to create the Stone Mountain Memorial Association as a body corporate and politic and an instrumentality and public corporation of the State; and for other purposes.
SR 88. By Senator Wright of the 24th:
A Resolution proposing an amendment to the Constitution so as to provide for abolishing the existing five member Board of Education of Chattahoochee County and create a new five member Board; and for other purposes.
SR 92. By Senator Butts of the 12th:
A Resolution proposing an amendment to the Constitution to alternate the terms of the members of the County Board of Education of Stewart County; and for other purposes.
SR 104. By Senator Gould of the 4th:
A Resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by local law for the creation of the office of Tax Assessor of Glynn County; and for other purposes.
SB 182. By Senator Cook of the 42nd:
A Bill to be entitled an Act to amend an Act so as to provide that any crime other than a capital felony shall be bailable for the purposes of this Section, and the judge shall have no discretion to refuse bond in such cases; and for other purposes.
SB 183. By Senator Sanders of the 18th:
A Bill to be entitled an Act to conform the procedure in divorce, alimony and other defined domestic relations cases to that prevailing in ordinary civil actions as to appearance day, return term, and trial by consent; and for other purposes.
SB 187. By Senators Brown of the 52nd, Cook of the 42nd and Sammon of the 34th:
A Bill to be entitled an Act to amend an Act relative to exemption of daily, weekly or monthly wages from process and liabilities of garnish ment; and for other purposes.
WEDNESDAY, FEBRUARY 5, 1958
423
SB 193. By Senators Hawes of the 30th, Trotter of the 37th, Mallory of the 25th and Foster of the 26th:
A Bill to be entitled an Act to amend an Act known as the Uniform Act Regulating Traffic on Highways, so as to define reckless driving; and for other purposes.
SB 194. By Senators Hawes of the 30th, Trotter of the 37th, Mallory of the 25th and Foster of the 26th:
A Bill to be entitled an Act to amend an Act providing for giving of security by owners and operators of motor vehicles; and for other purposes.
SB 197. By Senators Hawes of the 30th, Trotter of the 37th and Mallory of the 25th:
A Bill to be entitled an Act to amend an Act defining and enlarging the jurisdiction of Courts of Ordinary so as to change the provisions as to the costs that apply in any case disposed of under this Act; and for other purposes.
SB 198. By Senators Hawes of the 30th, Trotter of the 37th and Mallory of the 25th:
A Bill to be entitled an Act to amend an Act providing for Juvenile Courts; and for other purposes.
SB 211. By Senator Hawes of the 30th:
A Bill to be entitled an Act to amend an Act relating to the application for a marriage license; and for other purposes.
SB 225. By Senator Williams of the 51st:
A Bill to be entitled an Act to amend an Act relating to the operation of the County Manager Form of Government; and for other purposes.
SB 226. By Senator Pound of the 20th:
A Bill to be entitled an Act to amend an Act relating to the duties of the Clerk of Ordinary or Ordinary; to provide for filling of wills of persons still in life; and for other purposes.
The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following Bills of the Senate to wit:
SB 203. By Senator Hawes of the 30th:
A Bill to provide for treatment of mentally ill persons, both voluntarily and involuntarily; to provide for the discharge of mentally ill patients and to generally supplement the existing laws of the state relating to
424
JOURNAL OF THE HOUSE,
the commitment of insane persons and the restoration of sanity as provided by law; and for other purposes.
SB 205. By Senator Hawes of the 30th:
A Bill to create an administrative division of mental health within the Department of Public Health; to provide for the appointment of a Director of Mental Health; to provide for the treatment of mentally ill persons; and for other purposes.
SB 224. By Senator Crawford of the 1st:
A Bill to improve and extend by reciprocal legislation the enforcement of duties of support and to make uniform the law with respect thereto; to provide that this Bill may be cited as the Uniform Reciprocal En forcement of Support Act; and for other purposes.
SB 227. By Senators Garrett of the 53rd and Deen of the 46th:
A Bill to amend the Act relating to the taxing of cigars, cigarettes, little cigars, cherootes and stogies, so as to provide that each such tax stamp or other indication of the payment of the tax shall show the amount of tax paid; and for other purposes.
SB 232. By Senators Sammon of the 34th, McGarity of the 35th, Garrett of the 53rd, Crawford of the 1st and Hill of the 54th:
A Bill to amend the Act known as "The Old Age Assistance Act" so as to provide a maximum income of the recipient before he shall be disqualified to receive assistance from the State; to provide that the provisions of this Act shall become effective upon approval of the United States Department of Health, Education and Welfare and funds being available; and for other purposes.
The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following Bills of the Senate to wit:
SB 239. By Senator Langdale of the 6th:
A Bill to amend Section 92-4611 of the Code of Georgia relating to the duties of Tax Receivers so as to remove the provisions relative to the Tax Receivers making rounds to receive tax returns; and for other purposes.
SB 240. By Senator Langdale of the 6th:
A Bill to amend Section 92-4901 of the Code of Georgia relating to the duties of Tax Receivers so as to remove the provisions relative to the Tax Receivers making rounds to receive tax returns; and for other purposes.
WEDNESDAY, FEBRUARY 5, 1958
425
The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has adopted by the requisite constitutional majority the following Resolutions of the Senate to wit:
SR 94. By Senator Hawes of the 30th:
A Resolution proposing an amendment to the Constitution of the State of Georgia so as to clarify the provisions for the creation of a State Medical Education Board; to provide for the granting of Scholarships to physicians and other specialized personnel in the psychiatric field; and for other purposes.
SR 122. By Senators Garrett of the 53rd, Young of the 45th, Foster of the 26th, Henderson of the 5th, McGarity of the 35th and Mallory of the 25th:
A Resolution memorializing and petitioning the Congress of the United States to enact legislation to provide that the dairy support price for the marketing year starting April 1, 1958, shall be not less than the current $3.25 per hundredweight for 3.95 percent butterfat milk; and for other purposes.
The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has adopted by the requisite constitutional majority the follow ing Resolutions of the House to wit:
HR 386. By Mr. Hawkins of Screven:
A Resolution inviting the Hon. Louis C. Wyman of Concord, New Hampshire, to address the General Assembly of Georgia; and for other purposes.
By unanimous consent, the following Bills and Resolutions of the Senate were read the firt time and referred to the committees:
SR 94. By Senator Hawes of the 30th:
A Resolution proposing an amendment to the Constitution so as to clarify the provisions for the creation of a State Medical Education Board; to provide for granting of Scholarships to physicians and other specialized personnel in the psychiatric field, and for other purposes.
Referred to the Committee on State of Republic.
SR 122. By Senators Garrett of the 53rd, Young of the 45th, Foster of the 26th,
Henderson of the 5th, McGarity of the 35th and Mallory of the 25th: A Resolution proposing that the Legislature memorialize and petition the Congress of the U. S. to enact legislation providing the dairy support
426
JOURNAL OF THE HOUSE,
price for 1958 be not less than the current $3.25 per hundred weight for 3.95 percent butterfat milk, and for other purposes.
Referred to the Committee on Agriculture.
SB 203. By Senator Hawes of the 30th:
A Bill to be entitled an Act to provide for the treatment of mentally ill persons, both voluntarily and involuntarily; and for other purposes.
Referred to the Committee on State of Republic.
SB 205. By Senator Hawes of the 30th:
A Bill to be entitled an Act to create an administrative division of mental health within the Department of Public Health; to provide for the appointment of a Director of Mental Health; and for other purposes.
Referred to the Committee on State of Republic.
SB 224. By Senator Crawford of the 1st:
A Bill to be entitled an Act to improve and extend by reciprocal legisla tion the enforcement of duties of support and make uniform laws with respect thereto; and for other purposes.
Referred to the Committee on Judiciary.
SB 227. By Senators Garrett of the 53rd and Deen of the 46th:
A Bill to be entitled an Act relating to the taxing of cigars, cigarettes, little cigars, cherootes and stogies, so as to provide that each tax stamp shall show amount of tax paid; and for other purposes.
Referred to the Committee on Ways and Means.
SB 232. By Senators Sammon of the 34th, McGarity of the 35th, Garrett of the 53rd, Crawford of the 1st and Hill of the 54th:
A Bill to be entitled an Act to amend the Act known as "The Old Age Assistance Act, so as to provide maximum income of recipient before he shall be disqualified to receive assistance from the State; and for other purposes.
Referred to the Committee on Welfare.
SB 239. By Senator Langdale of the 6th:
A Bill to be entitled an Act to amend an Act relating to the duties of Tax Receivers, so as to remove the provisions relative to the Tax Receiver making rounds to receive tax returns; and for other purposes.
Referred to the Committee on Special Judiciary.
SB 240. By Senator Langdale of the 6th:
A Bill to be entitled an Act relating to relieving the Tax Collector from making rounds to collect taxes; and for other purposes.
Referred to the Committee on Special Judiciary.
WEDNESDAY, FEBRUARY 5, 1958
427
^
The following Resolutions of the House were read and adopted:
ft HR 402. By Mr. Kidd of Baldwin:
A RESOLUTION
To express appreciation to the management of the Biltmore Hotel; and for other purposes.
WHEREAS, the management of the Biltmore Hotel did invite the members of the General Assembly and their wives and attaches of the House and Senate to dinner in the Empire Room of the Biltmore Hotel on the nights of January 28 and January 29, 1958, and
WHEREAS, the members of the General Assembly and their wives and attaches of House and Senate did enjoy an excellent dinner and superb entertainment in the beautiful surroundings of the Empire Room of said Hotel:
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that it be made known to the management of the Biltmore Hotel that the members of the General Assembly and their wives and attaches of the House and Senate do appreciate the invitation and the excellent evening provided by the management of said Hotel, and
BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted forthwith to the management of the Biltmore Hotel.
HR 403. By Mr. Kidd of Baldwin:
A RESOLUTION
Proposing a basketball game between the members of the House of Representatives and the members of the Senate to aid in the cause of the March of Dimes; and for other purposes.
WHEREAS, the members of the House of Representatives of the General Assembly of Georgia believe that they are not only stronger
in number but also stronger in physical stamina and athletic ability than are the members of the Senate, and
WHEREAS, it has been a subject of some debate among members of the House as to how long members of the Senate could retain their "wind" in activities outside the Senate chamber, and
WHEREAS, all these questions could be settled and established upon a basketball court in a game between the members of both Houses, and
WHEREAS, the proceeds from interested spectators at such a game would go far in aiding and supporting the cause of the March of Dimes:
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF
REPRESENTATIVES, that the members of the Senate are hereby
challenged to a basketball game to be played in the City of Atlanta
at such a time and place as arranged and decided by a committee of
";
three members of the House, appointed by the Speaker, and three
"
members of the Senate, appointed by the President, and that the pro-
428
JOURNAL OP THE HOUSE,
ceeds derived from such game be awarded to the March of Dimes to further aid and support its cause.
Under the provisions of HR 292, the Speaker appointed as a committee of escort on the part of the House, the following members:
Messrs. Cocke of Terrell, Hall of Lee and Nilan of Muscogee.
Under the regular order of business, the following Bills of the House were taken up for consideration and read the third time:
HB 736. By Mr. McCracken of Jefferson:
A Bill to be entitled an Act to provide that reciprocal insurers author ized to do business in this state shall have and use a business name; 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.:
Adams Alien Barber Baughman Blalock of Coweta Blalock of Clayton
Bodenhamer Brackin Broome Cagle Caldwell Carlisle
Carr Carswell Chastain Cheatham Coalson Craven Crummey Denmark Dorminy Echols Elder Ellis Eyler Fellows
Ployd Flynt Fordham Fowler of Douglas Fowler of Treutlen Frazier Freeman Fuqua Gowen Green of Rabun Grimsley Gross of Stephens Hall of Floyd Hardaway Harper Harrison Hawkins Helms Henderson Hodges of Ware Hogan Holcombe Holley Huddleston Hurst Ingle
Irvin Jessup Jones of Wayne Jones of Baker Jones of Laurens Jones of Crawford Kelley Key Killian Kimmons Lam Lancaster Lanier Lokey Long Love Mann
Martin Miles Miller of Elbert Mobley Moorman Morris Moss Musgrove McClelland
WEDNESDAY, FEBRUARY 5, 1958
429
McCracken McGibony McKenna Neese Newton Nichols Overby Palmer Parker of Pike Parker of Ware Payton Perkins Perry Phillips of Columbia Phillips of Walton Pickett
Ramsey Raulerson Ray Reed Roberts Rodgers of Charlton Rogers of Heard Ross Rowland Sheffield Short Sivell Smith of Lamar Smith of Bryan Story Summers
Tabb Taylor Todd Truelove Twitty Walker of Lowndes Walker of Telfair Weems Wells White Willis Wilson Wooten Wright of Floyd Yandle
On the passage of the Bill, the ayes were 124, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 760. By Mr. McCracken of Jefferson:
A Bill to be entitled an Act to amend an Act regulating and licensing livestock dealers; 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.:
Adams Alien Ballard Barber Baughman Blalock of Coweta Bodenhamer Brennan Broome Busbee Cagle Caldwell Carlisle Carswell Cheatham Cheek
Coalson Cocke Cowart Craven Crummey Denmark Dorminy Duncan Echols Elder Ellis Eyler Floyd Flynt Fordham Fowler of Douglas
Fowler of Treutlen Frazier Fuqua Gowen Grimsley Gross of Stephens Gross of Dade Gunter Hall of Floyd Hall of Lee Hardaway Harper Harrison Hawkins Helms Henderson
430
JOURNAL OF THE HOUSE,
Hill Hodges of Ware Hogan Holcombe Holley Holloway Huddleston Hurst Ingle Jones of Wayne Jones of Worth Jones of Baker Jones of Laurens Jones of Crawford Kelley Key Killian Kimmons Lancaster Lam Land Lanier Lokey Long Love Mann Martin Miles
Miller of Twiggs Miller of Elbert Mobley Moorman Morris Moss Musgrove McClelland McGibony McKenna Neese Newton Nichols Nilan Overby Palmer Parker of Pike Parker of Ware Parker of Appling Payton Perkins Perry Phillips of Columbia Phillips of Walton Pickard Pickett Ramsey Raulerson
Reed Rodgers of Charlton Rogers of Heard Ross Rowland Scoggin Sheffield Short Sivell Smith of Forsyth Smith of Lamar Smith of Bryan
Story Summers Tabb Tamplin Taylor Todd Twitty Walker of Telfair
Watson Weems Wells Willis Wooten Wright of Floyd Yandle
Voting in the negative was Mr. Wilson
On the passage of the Bill, the ayes were 131, nays 1.
The Bill, having received the requisite constitutional majority, was passed.
HB 786. By Messrs. Mobley of Burke and Hall of Floyd:
A Bill to be entitled an Act to amend an Act relating to county line schools; and for other purposes.
Mr. Underwood of Montgomery moved that HB 786 be tabled.
On the motion to table, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Baughman Black Boggs Bolton Brennan Budd Cagle Callier
Carlisle Carr Cheek Cloud Coalson Cocke Craven Dorminy Duncan
Echols Elder Fellows Floyd Frazier Freeman Fuqua Gowen Green of Rabun
WEDNESDAY, FEBRUARY 5, 1958
431
Greene of Bartow Gross of Stephens Hall of Lee Hardaway Harper Harrison Helms Hill Hodges of Ware Hogan Holcombe Huddleston Hurst Jones of Worth Jones of Lumpkin Jones of Baker Jones of Laurens Jones of Sumter Jones of Crawford Key
Killian King Lam Lancaster Land Mann Martin Miller of Elbert Moss Murr McCracken McGibony Neese Overby Palmer Payton Pelham Perkins Pettey Phillips of Columbia
Pickett Ray Roberts Rogers of Heard Singer Sivell Smith of Emanuel Souter Story Summers Tabb Tamplin Taylor Truelove Twitty Underwood Walker of Lowndes Wright of Floyd
Those voting in the negative were Messrs.:
Bagby Ballard Barber Blalock of Coweta Bradley W. Campbell of
Walker Carswell Chastain Cowart Crummey Flynt Fordham Fowler of Treutlen Grimsley Gunter Hall of Floyd Hawkins
Henderson Holley
Ingle Irvin Johnson Kelley Kennedy Lokey Matthews Miles Miller of Twiggs Mobley Moorman Morris Musgrove McKenna Newton Orr
Parker of Ware Parker of Appling Phillips of Walton Ramsey Raulerson Rodgers of Charlton Ross Rowland Scoggin Short Smith of Forsyth Smith of Bryan Todd Walker of Telfair Wells Willis Wilson Wooten
On the motion to table, the ayes were 85, nays 53. The motion prevailed, and the Bill was tabled.
The following Bill of the House was taken up for the purpose of considering the unfavorable report of the committee:
HB 56. By Mr. Bodenhamer of Tift:
A Bill to be entitled an Act relating to license and excise taxes upon the business of dealing with malt beverages; and for other purposes.
On the question of agreeing to the unfavorable report of the committee, the roll call was ordered and the vote was as follows:
432
JOURNAL OF THE HOUSE,
Those voting in the affirmative were Messrs.
Alien Ballard Baughman Black Brennan Budd Busbee Caldwell Cowart Crummey Denmark
Dorminy Echols Frazier Fuqua
Go wen Green of Rabun Greene of Bartow Gross of Stephens Hall of Lee Hawkins Henderson Holcombe Holley Holloway Key Kidd King Land Lott
Matthews McKenna Odom Pelham Phillips of Columbia Pickard Pickett Rowland Singer Stephens Tamplin Twitty Walker of Telfair White Willis
Those voting in the negative were Messrs.:
Adams Bagby Barber Barrett Blalock of Coweta Bodenhamer Cagle Callier Carlisle Carr Carswell Cheek Cloud Ellis Eyler Fellows Floyd Fordham Fowler of Douglas Freeman Gross of Dade Gunter Hall of Floyd Harper Harrison Helms Hill Hodges of Ware Ingle Irvin Johnson
Jones of Baker Jones of Sumter Jones of Crawford Kelley Kennedy Killian Lam Lancaster Lanier Lee Long Love Mackay Martin Miles Miller of Elbert Moorman Morris Moss Murphy Murr Musgrove McClelland McGibony Newton Nichols Orr Overby Palmer Parker of Ware Parker of Appling
Payton Perkins Ramsey Raulerson Roberts Rodgers of Charlton Rogers of Heard Ross Russell Rutland Scoggin Sheffield Short Sivell Smith of Forsyth Smith of Lamar Smith of Bryan Souter Story Summers Tabb
Taylor Todd Truelove Underwood Veal Walker of Lowndes Weems Wells Wilson Yandle
On the question of agreeing to the unfavorable report of the committee, the ayes were 43, nays 93.
The unfavorable report of the committee was disagreed to and the'Bill was read the second time.
WEDNESDAY, FEBRUARY 5, 1958
433
Under the regular order of business, the following Bills and Resolutions of the House was taken up for consideration and read the third time:
HB 686. By Messrs. Cheatham of Chatham, Barber of Jackson, Nilan of Muscogee and others:
A Bill to be entitled an Act to provide for a system of junior colleges in this State; and for other purposes.
The following amendments were read and adopted:
Mr. Gowen of Glynn moves to amend HB 686 by striking from Section 5, the last sentence and substituting in lieu thereof the follow ing:
"Such sum shall only be paid or payable to the local operating authority by the Board of Regents if the Board of Regents shall an nually first declare by Resolution that funds are available therefor without hampering the operation of, or reducing the efficiency of any unity of the University System."
Mr. Freeman of Monroe moves to amend HB 686 as follows:
By adding a new paragraph to be numbered No. 8-A to read as follows:
"The Board of Regents may cease operation of any school estab lished under this Act at any time said Board desires and thereafter no funds shall be payable to the local operating authority."
Mr. Gowen of Glynn moves to strike from the fifth line of Section 7 of HB 686 the following word: "Now".
Mr. Cheatham of Chatham moves to amend HB 686 as follows:
By striking from Section 7 thereof the words, "Section 6," and inserting in lieu thereof the words, "Section 5."
Mr. Hall of Floyd moved the previous question and the motion prevailed.
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 roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Bagby Barber Barrett Birdsong Blalock of Coweta
Bolton Brackin Bradley Brennan Brooks of Fulton Broome
Burkhalter Busbee Cagle Caldwell A. Campbell of
Walker
434
JOURNAL OF THE HOUSE,
W. Campbell of Walker
Carlisle Carr Carswell Chastain Cheatham Coalson Craven Crummey Denmark Dorminy Dunean Echols Elder Ellis Eyler Fellows Floyd Flynt Fowler of Douglas Freeman Fuqua Gowen Green of Rabun Greene of Bartow Griffith Grimsley Gross of Stephens Gross of Dade Gunter Hall of Floyd Hall of Lee Hai'daway Hawkins Helms Hill Hodges of Ware Hogan
Holcombe Holley Holloway Huddleston Hurst Ingle Irvin Johnson Jones of Wayne Jones of Lumpkin Jones of Baker Kelley Kennedy Key Kidd Killian Lam Lancaster Land Lanier Lee Lokey Long Mackay Martin Miles Miller of Twiggs Miller of Elbert Mobley Moss Mull Murphy McClelland McCracken McGibony McKenna Newton Nichols Nilan
Odom Orr Overby Palmer Parker of Ware Payton Perkins Phillips of Columbia Pickard Pickett Ramsey Reed Roberts Rodgers of Charlton Rogers of Heard Rutland Scoggin Sheffield Sivell Smith of Forsyth Smith of Emanuel Smith of Whitfield Smith of Bryan Story Summers Tabb Tamplin Todd Twitty Walker of Telfair Watson Weems White Willingham Willis Wilson Yandle Young
Those voting in the negative were Messrs.:
Alien Bodenhamer Budd Cheek Cloud Fordham Fowler of Treutlen Frazier Henderson Jones of Worth
Jones of Crawford Kimmons Mann Matthews Moorman Morris Murr Parker of Appling Ross Smith of Lamar
Stephens Taylor Truelove Underwood Veal Walker of Lowndes Wells Wooten
On the passage of the Bill, as amended, the ayes were 132, nays 28.
The Bill, having received the requisite constitutional majority, was passed, as amended.
WEDNESDAY, FEBRUARY 5, 1958
435
Mr. Fordham of Bulloch asked that the Journal show him as having voted "aye" on HB 686.
HB 829. By Messrs. Payton of Coweta, Orr of Wilkes and Rogers of Heard:
A Bill to be entitled an Act to amend an Act defining and regulating the business of representing insurers other than those transacting life, health, accident, hospital, medical service and title insurance and bail bonding by individual sureties; 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.
Adams Bagby Ballard Barber Barrett Birdsong Black Blalock of Coweta Bodenhamer Boggs Bolton Brackin Bradley Brennan Brooks of Oglethorpe Brooks of Fulton Broome Budd Burkhalter Busbee Cagle Caldwell A. Campbell of
Walker W. Campbell of
Walker Carlisle Carr Chastain
Cheatham Cheek Coalson Craven Duncan
Echols Ellis Eyler Fellows Floyd Fowler of Douglas Fuqua Gowen Green of Rabun Greene of Bartow Griffith Gross of Stephens Gross of Dade Hall of Lee Hall of Floyd Hardaway Harper Harrison Hawkins Helms Henderson Hodges of Ware Hogan Holcombe Holley Holloway Huddleston Ingle Irvin Johnson Jones of Wayne Jones of Worth Jones of Lumpkin Jones of Laurens
Jones of Sumter Jones of Crawford Kelley Key Kidd Kimmons Lam Lancaster Land Lanier Lee Lokey Lott Love Mackay Martin Matthews Miles Miller of Elbert Moorman Morris Moss Murphy Murr McClelland McCracken McGibony McKenna Newton Odom Orr Palmer Parker of Pike Parker of Ware
436
JOURNAL OF THE HOUSE,
Parker of Appling Payton Perkins Phillips of Columbia Phillips of Walton Pickett Ramsey Ray Reed Roberts Rodgers of Charlton Ross Rutland Scoggin
Sheffield Sivell Smith of Forsyth Smith of Emanuel Smith of Lamar Smith of Bryan Story Summers Tabb Tamplin Taylor Todd Truelove Twitty
Underwood Veal Walker of Lowndes Walker of Telfair Watson Weems Wells Willingham Willis Wilson Wooten Yandle
On the passage of the Bill, the ayes were 141, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 708. By Messrs. Moate of Hancock, Hawkins of Screven and Jessup of Bleckley: A Bill to be entitled an Act to amend an Act creating the Peace Offi cer's Annuity and Benefit Fund; and for other purposes.
The following amendment was read:
Messrs. Twitty of Mitchell and Freeman of Monroe moves to amend HB 708 by striking the following sentence in Section 4:
"Provided, however, that any person who becomes a peace officer on or after October 1, 1958, and who is 45 years of age or older shall never be eligible for membership in the Fund, and for any annuities or benefits provided for in this Act."
On the adoption of the amendment, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Ballard Barber Black Blalock of Coweta Brooks of Fulton Broome Caldwell Dorminy Elder Ellis Fowler of Treutlen Frazier Freeman Gross of Stephens Hall of Lee
Helms Hill Hodges of Ware Holloway Huddleston Jones of Worth Kimmons Lancaster Matthews Moorman Mull Murphy Murr McClelland McGibony
McWhorter Palmer Parker of Ware Phillips of Columbia Rogers of Heard Sivell Smith of Emanuel Story Tamplin Truelove Twitty Underwood Walker of Lowndes Watson Wooten
WEDNESDAY, FEBRUARY 5, 1958
437
Those voting in the negative were Messrs.:
Alien Bagby Baughman Birdsong Bodenhamer Boggs Bolton Brackin Bradley Brennan Busbee Cagle A. Campbell of
Walker W. Campbell of
Walker Carlisle Carswell Chastain Cheatham Cheek Cloud Coalson Echols Eyler Fellows Floyd Flynt Fowler of Douglas Fuqua Gowen
Green of Rabun Gross of Dade Hardaway Harrison Hawkins Henderson Hogan Holcombe Holley Ingle Irvin Johnson Jones of Wayne Jones of Laurens Jones of Crawford Kelley Killian Lam Land Lanier Lokey Long Mackay Mann Martin Miles Mobley Moss Musgrove Newton Nichols
Odom Orr Parker of Pike Parker of Appling Perry Pettey Phillips of Walton Pickard Pickett Ramsey Reed Rodgers of Charlton Rowland Sheffield Smith of Forsyth Smith of Bryan Souter Tabb Taylor Todd Veal Walker of Telfair Weems Wells White Willingham Willis Wilson Wright of Floyd Yandle
On the adoption of the amendment, the ayes were 45, nays 90.
The amendment was lost.
Mr. Burkhalter of Tatnall asked to be recorded as having voted "aye" for the amendment.
An amendment offered by Messrs. McClelland and Brooks of Fulton was read and lost.
An amendment offered by Mr. Bodenhamer of Tift was read and lost.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Alien Bagby
Barber Barrett Baughman
Birdsong Black Blalock of Coweta
438
JOURNAL OF THE HOUSE,
Bodenhamer Boggs Bolton Brackin Bradley Brennan Brooks of Oglethorpe
Broome Burkhalter Busbee Cagle Caldwell A. Campbell of
Walker W. Campbell of
Walker Carlisle Carr Carswell Chastain Cheatham Cheek Cloud Coalson Craven Crummey Denmark Dorminy Echols Elder Ellis Eyler Fellows Floyd Flynt Fowler of Douglas Fowler of Treutlen
Freeman Fuqua Gowen Green of Rabun
Griffith Grimsley Gross of Stephens Gross of Dade Gunter Hall of Floyd Hall of Lee Hardaway Harper
Harrison Hawkins Helms Henderson Hill Hodges of Ware Hogan Holcombe Holley Holloway Huddleston Hurst Ingle Irvin Jessup Johnson Jones of Wayne Jones of Worth Jones of Baker Jones of Laurens Jones of Sumter Jones of Crawford Kelley Kennedy Kidd Killian Kimmons Lam Lancaster Land Lanier Lokey Long Lott Mackay Mann Martin Matthews Miles Miller of Elbert Mobley Moorman Moss Mull Murr Musgrove McClelland McGibony McKenna McWhorter
Newton Nichols Odom Orr Overby Palmer Parker of Pike Parker of Ware Parker of Appling Perry Pettey Phillips of Columbia Phillips of Walton Pickard Pickett Ramsey Raulerson Reed Roberts
Rodgers of Charlton Ross Rowland Rutland Scoggin Sheffield Sivell Smith of Forsyth Smith of Bryan Souter Stephens Story Summers Tabb Tamplin Taylor Todd Veal Walker of Lowndes
Walker of Telfair Watson Weems Wells White Willingham Willis Wilson Wooten Wright of Floyd Yandle
Those voting in the negative were Messrs.:
Brooks of Fulton
Murphy
Rogers of Heard
On the passage of the Bill, the ayes were 156, nays 3.
WEDNESDAY, FEBRUARY 5, 1958
439
The Bill, having received the requisite constitutional majority, was passed.
HB 874. By Messrs. Miller of Elbert, Palmer of Mitchell, Blalock of Coweta and many others:
A Bill to be entitled an Act to amend the Code relating to the quali fications of applicants for examination to practice chiropractic; and for other purposes.
The following amendment was read and adopted:
Mr. Miller of Elbert moves to amend HB 874 by striking from Section 1, line 10, the words "in addition to the requirements herein provided" and the word "additional" from the llth line of said Section and also deleting the same words from the Code Section as rewritten.
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 roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Alien Bagby Ballard Barber Baughman Birdsong Black Blalock of Coweta
Boggs Bolton Bradley Brennan Brooks of Oglethorpe
Broome Budd Burkhalter Busbee Cagle A. Campbell of
Walker W. Campbell of
Walker Carlisle Carr Carswell Chastain Cheatham
Cheek Coalson Craven Denmark Dorminy Elder Eyler Fellows Fowler of Douglas Fowler of Treutlen Frazier Freeman Fuqua Gowen Green of Rabun Griffith Grimsley Gross of Stephens Gross of Dade Gunter Hall of Lee Harper Harrison Helms Henderson Hodges of Ware Hogan Holcombe
Holley Holloway Huddleston Hurst Ingle Jones of Wayne Jones of Baker Jones of Laurens Kelley Kidd Killian Kimmons King Lam Lancaster Land Lanier Lokey Long Lott Mackay Mann Martin Matthews Miles Miller of Elbert Mobley Moorman
440
JOURNAL OF THE HOUSE,
Morris Moss Mull Murphy Murr Musgrove McClelland McGibony McKenna McWhorter Newton Orr Overby Palmer Parker of Ware Parker of Appling
Pettey Phillips of Walton Pickard Pickett Raulerson Roberts Rogers of Heard Ross Russell Rutland Sheffield Smith of Porsyth Smith of Bryan Souter Stephens Story
Summers Tabb Tamplin Taylor Todd Truelove
Twitty Walker of Lowndes Walker of Telfair Watson Wells White Wilson Wooten Wright of Floyd
Those voting in the negative were Messrs.:
Caldwell Echols Ellis
Floyd Hawkins Johnson
Miller of Twiggs Phillips of Columbia Ramsey
On the passage of the Bill, as amended, the ayes were 129, nays 9.
The Bill, having received the requisite constitutional majority, was passed, as amended.
Mr. Miller of Twiggs asked that the Journal show him as having voted "aye" on HB 874.
HB 692. By Mr. Overby of Hall:
A Bill to be entitled an Act to authorize and empower the governing authorities of certain counties to license certain auction houses or places where auction sales are conducted; 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.:
Adams Alien Bagby
Ballard Barrett
Baughman Black Bolton
Bradley Brennan
Brooks of Oglethorpe Broome Burkhalter
Busbee Cagle
WEDNESDAY, FEBRUARY 5, 1958
441
A. Campbell of Walker
W. Campbell of Walker
Carlisle Carr Carswell Cheatham Cheek Coalson Craven Crummey Denmark Echols Elder Ellis Eyler Fellows Floyd Fowler of Douglas Fowler of Treutlen Frazier Fuqua Gowen Green of Rabun Griffith Gross of Stephens Gross of Dade Gunter Hardaway Harper Harrison Helms Henderson Hodges of Ware Hogan Holcombe Holley Holloway Hurst
Ingle Irvin Jones of Wayne Jones of Worth Jones of Lumpkin Jones of Baker Jones of Laurens Kelley Kennedy Killian Kimmons Lam Lancaster Land Lanier Lee Lokey Long Lott Love Mackay Mann Martin Matthews Miles Miller of Twiggs Mobley Moorman Morris Moss Mull Murphy Murr Musgrove McClelland McGibony McWhorter Newton Odom Overby
Parker of Pike Parker of Ware Parker of Appling Perry
Pettey Phillips of Columbia Phillips of Walton
Pickard Pickett Ramsey Raulerson Reed Rodgers of Charlton Rogers of Heard Ross Rowland Russell Rutland Sheffield Sivell Smith of Forsyth Smith of Lamar Smith of Bryan
Souter Story Summers Tabb Tamplin Taylor Todd Truelove Walker of Lowndes Walker of Telfair Weems Wells White Wooten Yandle
On the passage of the Bill, the ayes were 131, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HR 270-687c. By Messrs. Stephens of Clarke, and Brooks of Oglethorpe:
A Resolution to authorize and direct the Budget Bureau to provide funds necessary to construct a building and matters related thereto to be used for the purpose of storing valuable records of the State; and for other purposes.
The previous question was ordered.
The main question was ordered.
442
JOURNAL OF THE HOUSE,
The report of the committee which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.
Alien Bagby Ballard Barber Baughman Bodenhamer Boggs Bolton Bradley Brooks of Oglethorpe Brooks of Fulton Broome Burkhalter Cagle A. Campbell of
Walker W. Campbell of
Walker Carr Carswell Cheek Cloud Coalson Craven Crummey Denmark Elder Ellis Fellows Flynt Fordham Fowler of Douglas
Freeman Gowen Green of Rabun
Griffith Grimsley Gross of Dade
Gunter Hardaway Helms Henderson Hill Hodges of Ware Hodges of Butts Hogan Holley Hurst Ingle Irvin Jessup Jones of Wayne Jones of Baker Jones of Laurens Kelley Kennedy Kidd Killian Kimmons Lam Lancaster Land Lanier Lokey Long Lott Mackay Mann Martin Matthews Miles Miller of Twiggs Moorman Morris Moss Murphy
Murr Musgrove McClelland McGibony McWhorter Newton Odom Orr Overby Perry Pettey Phillips of Columbia Pickard Pickett Ramsey Ray Roberts Rodgers of Charlton Rowland Russell Sheffield Smith of Forsyth Smith of Bryan Souter Stephens Story Summers Tamplin Taylor Todd Weems White Willis Wooten Wright of Floyd Yandle
Those voting in the negative were Messrs.:
Adams Blalock of Coweta
Budd Caldwell Dorminy
Fowler of Treutlen Fuqua Harper Parker of Ware Parker of Appling
Rogers of Heard Underwood Walker of Lowndes
On the adoption of the Resolution, the ayes were 110, nays 13.
WEDNESDAY, FEBRUARY 5, 1958
443
The Resolution, having received the requisite constitutional majority, was adopted.
HB 655. By Messrs. Cloud and Taylor of Decatur:
A Bill to be entitled an Act to amend an Act creating the Department of Natural Resources; 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.
Bagby Ballard Barber Baughman
Black Bodenhamer Bradley Brennan Brooks of Oglethorpe
Broome Budd Burkhalter Busbee Cagle A. Campbell of
Walker W. Campbell of
Walker Carr Carswell Cheatham Cheek
Cloud Coalson Craven Ellis Floyd Fowler of Douglas
Fuqua Griffith Grimsley Gross of Dade Gunter Hardaway Harper
Harrison
Helms Henderson Hill Hodges of Ware Hogan Holcombe Holley Holloway Hurst Ingle Irvin Jessup Johnson Jones of Wayne Jones of Worth Jones of Lumpkin Jones of Baker Jones of Laurens Kennedy Kidd Killian Kimmons Lancaster Land Long Lott Mann Martin Matthews Miles Miller of Twiggs Mobley Moorman Morris
Moss Mull Murphy Murr Musgrove McGibony Neese Newton Nichols Odom Orr
Overby Parker of Pike Parker of Ware Parker of Appling Perry Pettey Phillips of Columbia Pickett
Ramsey Raulerson Reed Roberts
Rogers of Heard Rowland Sheffield Sivell Smith of Forsyth Smith of Lamar Smith of Bryan Souter Story Summers Tabb
Tamplin
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JOURNAL OF THE HOUSE,
Taylor Todd Weems
Wells White Willingham
Yandle
Those voting in the negative were Messrs.:
Adams Dorminy Fowler of Treutlen
Mackay McWhorter Rutland
Underwood
On the passage of the Bill, the ayes were HO, nays 7.
The Bill, having received the requisite constitutional majority, was passed.
Mr. Sheffield of Brooks moved that the House do now adjourn until 10:00 o'clock, a.m., tomorrow morning.
On the motion to adjourn the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.
Ballard Barrett Baughman
Black Bodenhamer Bolton Bradley Brennan Broome Budd Burkhalter
Cagle Caldwell Carr Carswell Chastain Cheatham Cheek Cloud Coalson Cocke Cowart Craven Crummey Denmark Dorminy Eyler Fellows Floyd Fowler of Douglas Fowler of Treutlen
Fuqua Green of Rabun
Griffith
Grimsley
Gross of Dade Gunter Hardaway Harper Harrison Helms Hodges of Ware Hodges of Butts Hogan Holley Huddleston Hurst Ingle Irvin Johnson Jones of Wayne Jones of Worth Jones of Lumpkin Jones of Baker Jones of Laurens Kelley Kidd Killian Kimmons Lam Lancaster Land
Lokey Long Mann Martin Miles Miller of Twiggs
Mobley Morris Moss Mull Murr McClelland McGibony McWhorter Neese Newton Nichols Odom Overby Parker of Pike Perry Phillips of Columbia Ramsey Reed Roberts Rodgers of Charlton Rowland Rutland Sheffield Short Sivell Smith of Forsyth Smith of Emanuel Smith of Lamar Smith of Fulton Smith of Whitfield Smith of Bryan Souter Story Summers
WEDNESDAY, FEBRUARY 5, 1958
445
Tabb Taylor Todd Twitty Walker of Lowndes
Watson Weems Wells White Willis
Wooten Wright of Floyd Yandle
On the motion to adjourn, the ayes were 115, nays 25.
The motion prevailed, and the Speaker announced the House adjourned until 10:00 o'clock tomorrow morning.
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JOURNAL OF THE HOUSE,
Representative Hall, Atlanta, Georgia Thursday, February 6, 1958
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 roll call was dispensed with.
Mr. Black of Webster, Chairman of the committee on Auditing, Enrolling & Engrossing, Journals, reported that the Journal of yesterday's proceedings had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Reports of standing committees. 4. Second reading of Bills and Resolutions. 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 972. By Mr. Black of Webster: A Bill to be entitled an Act to provide for an expense allowance for the Commissioner of Roads and Revenues in certain counties; and for other purposes.
Referred to the Committee on Local Affairs.
HB 973. By Messrs. Musgrove of Clinch, Smith of Emanuel and Cloud of Decatur:
A Bill to be entitled an Act to repeal an Act to authorize the State or any county, municipality, corporation, or other political subdivision thereof to sell, lease, grant, or 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
THURSDAY, FEBRUARY 6, 1958
447
public use for recreational or other park purposes; and for other pur poses.
Referred to the Committee on Local Affairs.
HB 974. By Messrs. McKenna, Wilson and Carlisle of Bibb:
A Bill to be entitled an Act to amend an Act relating to the charter of the City of Macon; and for other purposes.
Referred to the Committee on Local Affairs.
HB 975. By Mr. Kidd of Baldwin:
A Bill to be entitled an Act to amend an Act establishing an Employees Retirement System, so as to provide that service by any member of the Uniform Division of the Department of Public Safety with any United States Government agency or the Atomic Energy Commission shall be deemed creditable service towards retirement; and for other purposes.
Referred to the Committee on State of Republic.
HB 976. By Mr. Overby of Hall:
A Bill to be entitled an Act to amend an Act relating to the punishment for receiving stolen goods when the principal cannot be taken, so as to include juveniles within the meaning of said section; and for other purposes.
Referred to the Committee on Judiciary.
HB 977. By Mr. Kidd of Baldwin:
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 Local Affairs.
HB 978. By Mr. Nichols of Towns:
A Bill to be entitled an Act to supplement the salary of the Sheriff in certain counties; and for other purposes.
Referred to the Committee on Local Affairs.
HB 979. By Mr. Kidd of Baldwin: A Bill to be entitled an Act to amend an Act creating a Board of County Commissioners of Roads and Revenues for Baldwin County, so as to prohibit the employment of county police by the county commis sioners of Baldwin County except upon the recommendation of two successive grand juries; and for other purposes.
Referred to the Committee on Local Affairs.
HB 980. By Mr. Overby of Hall: A Bill to be entitled an Act to amend an Act relating to fees for crimi nal bonds, so as to change the fees which may be charged for such bonds; and for other purposes.
Referred to the Committee on Judiciary.
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JOURNAL OF THE HOUSE,
HB 981. By Mr. Carr of Dooly:
A Bill to be entitled an Act to authorize the governing authority of Dooly County to pay a certain sum to the Sheriff of said County for contingent expenses; and for other purposes.
Referred to the Committee on Local Affairs.
HB 982. By Messrs. Willis and Chastain of Thomas:
A Bill to be entitled an Act to amend an Act incorporating the City of Coolidge; and for other purposes.
Referred to the Committee on Local Affairs.
HB 983. By Mr. Jessup of Bleckley:
A Bill to be entitled an Act to change the compensation of the Director of the Department of State Parks; and for other purposes.
Referred to the Committee on State of Republic.
HB 984. By Messrs. Twitty of Mitchell and Hogan of Laurens:
A Bill to be entitled an Act to amend an Act relating to the venue of suits against insurance companies and relating to suit on the bond of a sheriff, or other arresting or law enforcement officer; and for other purposes.
Referred to the Committee on Judiciary.
HB 985. By Messrs. Busbee and Holloway of Dougherty:
A Bill to be entitled an Act to amend an Act establishing the City Court of Albany, so as to change the compensation of the Judge; and for other purposes.
Referred to the Committee on Local Affairs.
HB 986. By Messrs. Lanier of Candler, Tamplin of Morgan, McCracken of Jefferson, Fowler of Douglas and Fordham of Bulloch:
A Bill to be entitled an Act to amend an Act creating the Milk Control Commission and defining its powers, duties, membership and regulating the sale of milk; and for other purposes.
Referred to the Committee on Agriculture.
HB 987. By Messrs. Wright, Hall and Scoggin of Floyd:
A Bill to be entitled an Act to create a procedure for the State Revenue Commissioner to regulate and govern the issuance and revocation of certificates of title to certain motor vehicles; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 988. By Messrs. Brooks of Oglethorpe and Souter of Macon:
A Bill to be entitled an Act to amend an Act relating to the offense of assisting prisoners in escaping from jail, so as to extend the scope of
THURSDAY, FEBRUARY 6, 1958
449
said Section to include public works camps, highway prison camps, state prisons or other places of confinement operated under the juris diction of the State Board of Corrections; and for other purposes.
Referred to the Committee on Judiciary.
HB 989. By Messrs. Willingham, Reed and Holcombe of Cobb:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Kennesaw; and for other purposes.
Referred to the Committee on Local Affairs.
HB 990. By Messrs. Carlisle and McKenna of Bibb:
A Bill to be entitled an Act to amend an Act pertaining to answers to writs of garnishment and traverse thereof, so as to provide for service of answers upon the plaintiff or his attorney in garnishment cases; and for other purposes.
Referred to the Committee on Special Judiciary.
HB 991. By Messrs. Carlisle and McKenna of Bibb:
A Bill to be entitled an Act to amend an Act relating to writs of garnishment and how they are obtained and served, so as to provide for service of writs where a partnership is garnishee; and for other purposes.
Referred to the Committee on Special Judiciary.
HB 992. By Mr. Yandle of Toombs:
A Bill to be entitled an Act to amend an Act revising and consolidating the laws relating to the State Game and Fish Commission, by changing the provisions relating to the sale of game fish; and for other purposes.
Referred to the Committee on Natural Resources.
HB 993. By Mr. Barrett of Cherokee: A Bill to be entitled an Act to amend an Act creating the office of Tax Commissioner of Cherokee County; and for other purposes.
Referred to the Committee on Local Affairs.
HB 994. By Mr. Barrett of Cherokee: A Bill to be entitled an Act to amend an Act creating a new charter for the City of Canton; and for other purposes.
Referred to the Committee on Local Affairs.
HB 995. By Messrs. Reed, Holcombe and Willingham of Cobb: 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 Local Affairs.
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JOURNAL OF THE HOUSE,
HB 996. By Mr. Barrett of Cherokee:
A Bill to be entitled an Act to amend an Act incorporating the City of Canton, so as to increase the corporate limits of said City; and for other purposes.
Referred to the Committee on Local Affairs.
HB 997. By Messrs. Singer of Stewart and Wilson of Bibb:
A Bill to be entitled an Act to amend an Act relating to the effect of a failure to record a mortgage, so as to provide that a mortgage not recorded within the time required shall remain valid as against the mortgagor, but is postponed as to all other liens created or obtained, or purchases made prior to the actual record of the mortgage; and for other purposes.
Referred to the Committee on Special Judiciary.
HB 998. By Messrs. Singer of Stewart and Wilson of Bibb:
A Bill to be entitled an Act to amend an Act relating to the laws governing the recording of conditional bills of sale; and for other purposes.
Referred to the Committee on Special Judiciary.
HB 999. By Messrs. Singer of Stewart and Wilson of Bibb:
A Bill to be entitled an Act to amend an Act relating to the recording and effect of a failure to record a deed to secure debt, so as to provide where such deeds shall be recorded; and for other purposes.
Referred to the Committee on Special Judiciary.
HB 1000. By Mr. McClelland of Pulton:
A Bill to be entitled an Act to amend an Act so as to provide a method for refunding overpayment of taxes; and for other purposes.
Referred to the Committee on Ways and Means.
HB 1001. By Messrs. Lee 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; to prescribe its limits; and for other purposes.
Referred to the Committee on Local Affairs.
HB 1002. By Messrs. Lee 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, to prescribe its limits; and for other purposes.
Referred to the Committee on Local Affairs.
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451
HB 1003. By Messrs. Lee and Blalock of Clay ton:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of College Park; to prescribe its limits; and for other purposes.
Referred to the Committee on Local Affairs.
HB 1004. By Messrs. Wilson Brooks and Ralph McClelland of Fulton:
A Bill to be entitled an Act to provide for the fixing of support to be paid by the Father of minor children where a final divorce decree con tains no provisions governing the same and custody of such children is awarded to a third party or to the Mother subsequently to the divorce decrees.
Referred to the Committee on Special Judiciary.
HB 1005. By Mr. Odom of Camden:
A Bill to be entitled an Act to provide that all arrests for violations of the traffic laws of this State must be made by agents of the Depart ment of Public Safety; to provide that no local law enforcement officers shall have authority to make such arrests; and for other purposes.
Referred to the Committee on State of Republic.
HR 404-1005a. By Mr. Twitty of Mitchell:
A Resolution to adopt as a part of the Official Code of the State of Georgia the statutory portions of the text of the Code of Georgia Annotated; and for other purposes.
Referred to the Committee on Judiciary.
HR 405-1005b. By Messrs. Moate of Hancock, Hawkins of Sereven, Kidd and Griffith of Baldwin, Jessup of Bleckley and Twitty of Mitchell:
A Resolution to authorize the conveyance of certain lands in Baldwin County; and for other purposes.
Referred to the Committee on State of Republic.
HR 406-1005c. By Mr. Helms of Atkinson:
A Resolution proposing an amendment to the Constitution so as to abolish the elective office of County School Superintendent of Atkin son County; and for other purposes.
Referred to the Committee on Local Affairs.
HR 407-1005d. By Mr. Kidd of Baldwin:
A Resolution authorizing the Governor to sell certain surplus property located in Baldwin County, Georgia; and for other purposes.
Referred to the Committee on State Institutions and Property.
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JOURNAL OP THE HOUSE,
HE 408-1005e. By Dr. Miller of Elbert: A Resolution to compensate James W. Ray; and for other purposes.
Referred to the Committee on Appropriations.
HR 409-10051 By Messrs. Bodenhamer and Morris of Tift:
A Resolution authorizing the Governor to sell certain land in Habersham County; and for other purposes.
Referred to the Committee on State Institutions and Property.
HB 1006. By Mr. Bodenhamer of Tift:
A Bill to be entitled an Act to repeal an Act entitled "An Act to provide for the compulsory school attendance of all children within the State of Georgia between their seventh and sixteenth birthdays; and for other purposes.
Referred to the Committee on Education.
Pursuant to Joint Resolution adopted by the House and Senate, the Senate appeared upon the floor of the House and the Joint Session convened for the purpose of hearing a message from Representative E. L. (Tic) Forrester, Con gressional Representative from the 3rd District, was called to order by the President of the Senate.
The Secretary of the Senate read the Resolution providing for the Joint Session.
Accompanied by Governor Griffin, the Committee of Escort, and other dis tinguished guests, Representative E. L. Forrester appeared upon the floor of the House.
The President of the Senate recognized Honorable Phil Campbell, Com missioner of Agriculture, who in turn introduced to the members of the General Assembly, Miss Jean Carter, National Maid of Cotton for 1958.
The President of the Senate presented Governor Marvin Griffin, who in a short message welcomed Representative E. L. Forrester.
Representative Forrester gave the following address:
Mr. President, Mr. Speaker, Distinguished Members of the great State of Georgia's House and Senate, all of whom I am humbly but profoundly grateful that I can address as my friends and proudly mean it, your gracious invitation to me, to leave my duties in Washington and speak to you at this Joint Session, will always be to me one of the most inspiring events of my life.
This is a privilege that has exceeded my most cherished ambitions. No man could possibly be so vain as to expect to merit such an honor. That you should have honored me with the invitation to address you is a compliment far beyond my deserts or capacity, I can only conclude that invitation came because of your tremendous generosity and your personal friendship. The Resolution extending this invitation to me,
THURSDAY, FEBRUARY 6, 1958
453
signed by your President, your Speaker, your Secretary, and your Clerk, bearing the Seal of your magnificent and enduring State of Georgia, is now being suitably framed, and it will hang in my office as a constant reminder to me that I am daily entrusted with the high responsibility and privilege of representing the heart beats and the heart throbs of the people of our State.
Believe me, my friends, I will read again and again the statements in that Resolution, that I have aggressively fought those who would destroy our country, that I had become a respected leader of the forces combatting Communism, and that I have been a champion of democracy and a courageous defender of the viewpoint of the South and the State I represent. I will particularly note that language: "he has been", with the determination that, God being my helper, I will try to be with all my heart and soul the kind of servant that you and the good people of Georgia so richly deserve.
It will be a daily reminder to me of the rich heritage which is mine, in that I am born where you were born, blood of your blood, flesh of your flesh, and that I must stand as you have so gloriously stood for the things that have made this nation great. It will renew my determination to fight zealously for the principles you have so grandly declared to all of this world in your official pronouncements, and in every act and action. The entire Georgia Delegation in Congress deeply appreciates your patriotism and your endeavors, and I bring to you today the felicitations and the best wishes of every member of that group.
Your invitation is a challenging one. Knowing you as I do, I am certain that you invited me here for the purpose that I discuss with you the staggering problems confronting the human race today, and that I do it boldly and without equivocation. I would have it no other way.
Upon that premise, I declare to you that in these dark days, when everything is strife and confusion and the whole world is topsy-turvy, this generation must face now without flinching these all-important questions:
1. Will the human race be wiped out?
2. Will the lights of civilization go out?
3. Will Christianity fade from human hearts ?
4. Will constitutional government be completely destroyed?
5. Will the genius of this government, the rights of the sovereign States under a republican form of government be destroyed?
6. Will there be an amalgamation of the races?
I digress here to say that in the past maybe many well-thinking Christian people have doubted that this question confronts us. I concede that it was hard to believe. None of us have any quarrel whatsoever with any honest person diligently seeking to discover the truth, insist ing that evidence be submitted to support that statement. I have been patient with those people, and you have been patient. I cannot refrain from saying now that my patience has been exhausted. More than ample evidence has been made available to demonstrate this truth than the hardened skeptic, but honest skeptic, should require.
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JOURNAL OF THE HOUSE,
Today, the singing of "Old Black Joe" as written is taboo. "Uncle Remus and The Tar Baby", which came from the brain and heart of that immortal Georgian, Joel Chandler Harris, has been removed from the book shelves. Stephen Poster's "Swanee River" and "Old Black Joe" must be altered in content before going out on God's ether waves. The moving pictures "Island In the Sun" and "The Edge of the City" are so utterly convincing that any person should read as he runs the signs of these unfortunate times.
The United Nations Charter and the Universal Declaration on Human Rights should and will convince any honest person that the forces of amalgamation are on the march. The money-spending spree the United Nations is now engaged in, with money mostly gathered from the taxpayers of the United States, to prove that all races are equal and that there are no biological differences whatever, and its declarations legalizing mixed marriages, conclusively proves that this question confronts us. The experiences in the Nation's Capitol, the guinea pig for social experiments, should cause the blind to see.
Today, any white woman walking the streets of Washington at night is exposed to the real danger of losing her life, or suffering sexual assault, or both. This day, in the Nation's Capitol, white women sit and cringe in their apartments or homes, with windows barred, doors locked and chained, fearing they will be murdered, sexually assaulted, robbed and beaten by gangs of other races. The Chief of Police, who is a good one, finds it impossible to cope with them because it has now come to the point where it takes a genius to remain in jail, for only a genius can conceal his imprisonment from the United States Supreme Court, the court that has in recent pronouncements stripped the meek and law-abiding citizen of every vestige of protection against those fiendish wolves who well know and understand that a complete cloak of security has been trown around them. Yes, our patience has been exhausted. Surely, any of our skeptics now know about the break down of law and order in New York, the civil rights capital of the United States, and in Brooklyn, and understand that the favorite indoor sport in the Brooklyn schools is the rape of 13 and 14-year old white girls by members of the negro race, occasioned by the wild-eyed leftwingers mixing the schools, when it would seem that any person would have more sense than to do such a thing. This unfortunate situation is a monument to Mayor Wagner, Governor Harriman, and others you know. Certainly, those skeptics have read the lament of Police Chief Parker, Los Angeles, which I quote: "We have lost control of the crime problem in Los Angeles."
That efficient police officer well knows and understands that this question is real; otherwise, he would not be asking for legislation that would permit him to save Los Angeles from this unholy problem.
I say to the skeptics in Georgia now, in the identical language that northern newspapers attribute to Governor Marvin Griffin, "We ain't going to have it here." Shakespeare may not have approved that quota tion, but it is eloquent to me. That statement was framed in Georgiastyle, and reflects the spirit of Georgia, and I do not think anyone could fail to understand its meaning. No one has to tell me for I know in my heart that everyone of you has that same resolve and ex pects to maintain it as long as you live.
I must confess to you that I have gotten a little tired of some of
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455
the "do-gooders" saying that segregation is un-Christian. Our un changing God has never condoned the series of offenses and outrages that integration brings, and He never will. I am a little tired of some of those who are saying that God has told them that segregation is wrong. I know, and you know, God does not tell one person one thing and another person another thing.
Some ministers say that segregation is wrong, others say that segregation was ordained by our Creator. I accuse no one of insincerity, but I vigorously assert and maintain that God has not given to a few a monopoly upon his views, and withheld his views to other tried and true consecrated servants.
Such contentions remind me of a story, and whether or not it is true, it is a good story told about an episode in the life of that dis tinguished Divine, Bishop Candler. The story is that on one occasion, a minister went to the Bishop and said: "Bishop, I talked to the Lord last night and he told me to tell you that you had not treated me right, that I deserve a better charge next year than the one I had this year." The Bishop said: "That is interesting. What time did you talk to the Lord last night?" The minister replied: "About nine o'clock." The Bishop then said: "Well, the only explanation I have for you is that the Lord must have changed his mind, for I talked to the Lord about ten o'clock last night, and he told me you were lucky to have any kind of charge at all."
Seriously, I say to these "do-gooders" to remember Little Rock. Little Rock will remain through the ages as an imperishable monument to the law of brute force; also, a monument to the will of a people who could not be broken by paratroopers or bayonets. Yet, Little Rock also stands out as a monument to the appalling realization of what division can do to a proud city. The editorials of one Harry Ashmore, the rantings of an integrationist mayor, the attitudes of public officials to the effect that a little integration would not do any harm, are the ones that the blame is upon, because they are the ones that caused the radical left-wing organizations and the NAACP to believe that they could move in with impunity. They are the ones whose conduct inspired tha decision of the North Dakota Judge, and they must share the blame, along with the President, for the presence of troops in Little Rock and the turmoil that ensued.
I wonder if anyone can doubt the fairness of these statements ? Now, the chips are down, and those causing this division can only do so knowingly and with complete understanding of what division will mean in our State. I say to them, and you say to them, we do not intend to violate a single law, nor a single edict of the United States Supreme Court, no matter how wrong it be, but nevertheless, they may as well stop their ranting because "We ain't going to have it here."
They can deliberately make it hard for us, but they cannot alter our resolve and determination. We will do whatever it takes to prevent this and we will do it within the law. We will close every school in Georgia before it shall come to pass. There is no necessity for another Little Rock and there will not be if our ranks are undivided. Little Rock is not a circumstance to what can occur in Georgia if these wild-eyed left-wing groups demand that it shall be.
We are not confronted only with that problem which I digressed
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JOURNAL OP THE HOUSE,
to discuss, but with the other problems I have stated. We have a stu pendous work to do and it must be done right. This is the time for undiluted statesmanship, completely divorced from politics. The per sonal equation must be forgotten.
It is evident to me and God knows I hope and somehow believe that it is becoming clearer to the majority of the people of the United States that had it not been for the social revolution carried on so feverishly for the past three years by our President, Vice-President, and entirely too many Democrats and Republicans, all urged and spurred on by left-wing minority groups, many of whom cannot be trusted when the chips are down, we would not have found ourselves in our present position where a Godless nation has outstripped us in the development of weapons which could mean the end of civilization, indeed, the destruction of the human race. Had those people used those three years for the lofty purpose of preserving the human race and worked as feverishly toward that laudable end as they have fought for minorities, we would not find ourselves in this unfortunate situation.
I do not mean to tell you that we are defenseless. I do not think that we are. I do mean to tell you that we are behind, and that anyone should know that we must be ahead and remain ahead if we are to preserve civilization and Christianity on the face of this earth. I mean to tell you that we must build, and build speedily, satellites, missiles, planes, submarines and other death-dealing instruments far more capa ble of destruction than anything Russia can produce. Further, we must continue to do these things for a long time and until the people behind the Iron Curtain realize the futility of war, and sue for peace.
Anyone advocating an all-out war now is a menace to this world. The only hope for avoiding war, and the destruction of humanity, is that we be stronger and more capable at all times. Ludicrous as it may seem to some, it is now a fact that the one nation which controls the moon and the planets will rule this world. We are behind in this race, but we must win this race. A second-best military is like a second-best poker hand. The second-best just cannot win. This is a fight, my friends, to the finish. It is going to cost a lot of money, but it is one that money alone cannot win. We need to forget the idea that we can go to the battlefront in Cadillacs, or under the slogan "Business as Usual". This fight is going to be won by those who are willnig to give the noblest part of their natures, and who are not only willing to die for our principles, but to do the harder thing--live for our principles. Liberty simply will not consort with a coward, a weakling or the faint
hearted.
Maybe it was too much to expect, but when the President talked to us a short time ago on security, immediately after the launching of Sputnik, I was hoping in my heart that our President would suggest that this social revolution, which is destroying the unity of our country, be called off. Yes, I had hoped that he would issue a challenge to that effect so that the people could have the opportunity of determining those who could be trusted when the chips are down. You and I would welcome that challenge, and we would accept that challenge. It would be wholesome for America to have the opportunity of finding out whether these minority groups, who ask for so much and give so little, are willing to prove their loyalty and devotion to constitutional govern ment.
THURSDAY, FEBRUARY 6, 1958
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The President did not issue that challenge. Unfortunately, the same day he talked to the American people, he announced his appoint ment of the members of the Civil Rights Commission. It was a bad commission which he set up. It could have been worse. I have the idea that Sputnik caused it to be no worse. I concede that it could have been worse, because he could have appointed Eleanor, he could have appointed Averill Harriman, who is anti-white; perhaps he would have appointed Vice-President Nixon except for the fact that Nixon was busily engaged travelling over Africa and working with Martin Luther King, on "Operation Dixie". The story is told in Washington that after VicePresident Nixon returned from one of his African trips he appeared at a baseball game and was taken out to greet the umpires and players; that he was first met by a white umpire, the Vice-President extended his hand, and forgetful of his surroundings, looked at the umpire with amazement and was heard to say: "You're Mr. Livington, I presume."
This Civil Rights Commission will soon start stirring up the strife it was created for. I know this civil rights legislation. I know it as well as any man in the United States. I know it as well as Herbert Brownell, and I know it better than President Eisenhower will ever know it. If I did not know it, I would have failed you and would have failed the people I represent, and I would have failed the white race.
I was the only member of the House Committee on the Judiciary from Georgia, and as such I had the sacred duty of knowing that legisla tion and fighting that legislation every step of the way. If I fell down on the job in any respect, recognition of that fact would be the deepest regret of my life. As a member of Subcommittee No. 2 of the House Committee on the Judiciary, and the only southerner on that sub committee of seven, I was able to hold that iniquitous legislation throughout the Session of 1955 and until April 9, 1956. The full com mittee, on which there were seven other southerners, was able to keep it off the Floor until July 18, 1956. It passed the House on July 24, 1956, after having been riddled with amendments, and was sent to the Senate four days before adjournment.
In 1957, commencing when Congress convened, a determined fight was made to bring that bill out of committee. Chairman Celler and ranking minority member Keating said the bill would go through like a dose of croton oil, and be passed on February 15th. Congressman Celler would not let me sit as a member of the subcommittee in 1957, but he could not prevent me from fighting it just the same. We demanded public hearings and we got public hearings.
I called the governor of our state and asked him to send me Eugene Cook and Charlie Bloch to testify before that committee. He sent them, they came, they did a masterful job. Time will not permit me to enumerate what they did, but as a result of their work and as a result of Georgia responding to my call, the backbones of other southern governors and attorneys general were stiffened, and they came to Washington in numbers that the opposition did not dream would come.
As a result that bill was amended in at least seven important particulars before it reached the Floor, and I am proud to tell you that the bill reached the Floor only four days earlier in 1957 than it did in 1956. Our fight was organized every step of the way. I was the leader of that fight in the committee, Congressman Howard Smith was the General on the Floor, Congressman James Davis of Stone
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Mountain, Georgia, was our Parliamentarian. We were finally whipped, but that fight proved to me that Lee's army was as good as it ever was. We suffer simply because of lack of numbers. Our heads were bruised, but they remain unbowed.
Sometime you cannot measure results in the heat of the day. I am inclined to believe now that our success exceeded our expectations. Veritably, I believe that on the national level this social revolution has reached its crest and can only go down hill. Many of the boys who so enthusiastically supported that legislation are now giving the ap pearance of having been thoroughly chastened. The truth seems to have sunk into them that they did not pick up any votes by doing this un-American thing. That is something that you and I could have told them, and I did tell them, but this is a problem that some people simply have to experience personally in order to understand.
As a matter of fact, I am a little tired and disgusted over the prattling of so many of our leaders to the effect that the Negro has cause all of this trouble. I never will agree that a handful of Negroes has turned this world upside down. Further, I have never convinced myself that the rank and file of the Negro race has any desire to do so. To attribute to the Negroes all of the blame for this strife and con fusion would be admitting that they possess political acumen and in telligence that the facts do not warrant. The NAACP is not a Negro organization and never has been. It has had three presidents--all of whom had white skin. It is an interracial movement, and the Board of Directors is about evenly divided. Eleanor is an honorary member. So is Dick Nixon.
You ask me, naturally, who did stir up this trouble in our land? That is a good question and I can tell you. It was not stirred up by the Yankees, and this is not a battle between the Yankee and the Rebel, or the North and the South. Many would have you think that it is. Thank God there are millions of unreconstructed Yankees who believe in constitutional government and want to have the privilege of pre serving our republican form of government. The Yankees are on our side in numbers so large it is hard to envision. There are millions more we can win, when we discharge our duty to carry the facts to them and extend the welcome hand of friendship in recognition of our common destiny. To that end we must unceasingly work.
Of amazing interest to me is the fact that in all .of the hearings, not an agency of our Federal government or the agencies of any of our State governments appeared and testified in behalf of civil rights legislation. The FBI did not appear. No judge of any court appeared. No Attorney General appeared other than Herbert Brownell, and he appeared only on April 9, 1956, when it was apparent that civil rights legislation was going to be passed out of Subcommittee No. 2.
It might interest you to know that when Brownell did appear, he had a bill hastily prepared, which was the worst legal garbage I have ever been permitted to see, and which was completely fashioned upon the bill recommended by Attorney General Tom Clark in 1949, which Tom Clark admitted was of doubtful constitutionality, but contended would be made legal by recitations that the legislation was drawn pursuant to the United Nations Charter. The legality of the civil rights legislation is now dependent upon the United Nations Charter and the Universal Declaration on Human Rights.
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With the exception of Congressmen who were authors of civil rights legislation, Herbert Brownell, and the Director of the FHA, who bluntly testified that while he was color-blind, interracial housing was a bad financial risk for the taxpayers of the United States, here is the list that did appear and testify:
Chairman of the National Civil Rights Committee, AntiDefamation League of B'nai B'rith, accompanied by Director, AntiDefamation League of B'nai B'rith, Washington, D. C.; Executive Secretary of the NAACP, New York, accompanied by the Director of the Washington Bureau and Counsel for the Bureau; General Counsel, American Jewish Congress; Executive Director, American Veterans Committee; Secretary-Treasurer, International Union of Electrical, Radio, and Machine Workers, CIO; Co-Directors of the Fair Practices and Anti-Discrimination Department, UAW-CIO, accompanied by National Representative, UAW-CIO; Legislative Representative, Americans for Democratic Action; Director, Ameri can Council on Human Rights; W. Astor Kirk, who said he was appearing as a private witness, although a professor of govern ment at Huston-Tillatson College, Austin, Texas; Washington Representative, Japanese-American Citizens League; statement of the National Community Relations Advisory Council, the statement reciting that it represented the combined and joint views of the constituent organizations as shown on pages 360-361 of the hear ings; also, statement by the National Lawyers Guild, National Council of Jewish Women, Inc., Womens International League for Peace and Freedom, and the American Civil Liberties Union.
In other words, the only persons in the whole United States testi fying in behalf of civil rights legislation were the above minority groups. Now, I hope no member of any race or religion bruises too easily. I attack no one on the basis of race, color, or creed per se, and I want that understood. But, I want it to be fully understood that I attack any organization, irrespective of race, color or creed, where the national interest is involved. I am aware of the fact that these organi zations do not represent the thinking of the great majority of the races and religions that they claim to represent. Actually, I think they are misrepresenting the races and religions they claim to represent. I think any good citizen of the United States should be glad to know, irrespective of any racial ties, or religious ties, the organizations stir ring up our land. If anyone resents nie telling the truth--then they are the ones who deserve criticism and condemnation.
The testimony of Judge Rose, Chairman of the Civil Rights Com mittee, Anti-Defamation League of B'nai B'rith, was absolutely astound ing. His testimony will be found on pages 403-415 of the Civil Rights Hearings published in 1957. On pages 409-415 will be found my crossexamination of Judge Rose. Judge Rose made it crystal clear that he approved legislation making it a criminal felony offense for anyone abolishing public schools and substituting private schools to avoid integrated schools.
The record shows that I called his attention to the fact that Georgia was discussing going on a private school system, and asking him if he was advocating that if the State of Georgia should abolish its public school system that the abolishment would come within this criminal statute that he advocated, and the Judge made it crystal clear that he
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did. The American Jewish Committee sent each Member of Congress a pamphlet entitled "The People Take the Lead" and, on page 631 of the American Jewish Yearbook, 1956, Vol. 57, is found the statement "We were very closely involved with the Supreme Court decision. Not only were we active along with other organizations, in the filing of an amicus curae brief, but we contributed materially to the social theory upon which the desegregation decision was based." Also, "Factfinding studies from which this theory developed would not have been made were it not for the American Jewish Committee."
The National Lawyers Guild, an organization which Mr. Brownell has termed subversive, testified on page 529 of said hearings, and stated that they had drafted the model civil rights bill, evidently meaning the one that Attorney General Tom Clark submitted in 1949, and hastily copied by Attorney General Brownell in April, 1956. Whether the National Lawyers Guild was the father of that illegitimate offspring, I do not know. I admit that the child looks exactly like it.
The UAW-CIO, through its Co-Director of the Fair Practices and Anti-Discrimination Department, pages 479-510, recommended legisla tion founded in the United Nations Charter and Universal Declaration on Human Rights. On page 498 of the 1957 hearings will be found the statement by that witness that segregation must be stopped because "white dominion is dead or dying everywhere in the world, not only in Africa, but also here in the United States of America."
I observe now as I did then, that witness will not live long enough to preside at the funeral of the white race.
The Secretary-Treasurer, International Union of Electrical, Radio and Machine Workers, CIO, recommended legislation which would halt Federal funds to segregated schools, would pass an FEPC law, prohibit segregation in government-assisted housing, demonstrating that they did not mind trampling underfoot the Constitution of the United States.
The Americans for Democratic Action, through John J. Gunther, advocated an anti-discrimination amendment to the Military Reserve Bill and to eliminate segregation and other forms of discrimination in housing, education, employment, recreation, government-supported fi nancing, the national guard, and other areas of life. Also, they urged that all Federal contributions to such programs be conditioned upon such principles.
By the way--I understand that the ADA has blacklisted Tic For rester. I appreciate that compliment, and I can assure you that Tic Forrester had blacklisted them long before they blacklisted Tic For rester.
I have barely touched the testimony of these various minority groups, but, they sang the same songs and played the same music.
The truth is, this agitation over civil rights and the destruction of the Tenth Amendment reserving all powers to the States not dele gated to the Federal government is the work of the Communist Party. Two or three weeks ago on Mike Wallace's program, John Gates, a Communist and former editor of The Daily Worker, took credit for the civil rights legislation in behalf of the Communist Party.
In 1928 the Communist Party platform laid down nine planks
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dealing with minority races, and eight of those planks have already been complied with through executive decrees and decisions of the United States Supreme Court. The plank remaining unsatisfied is the one demanding the abolishment of all laws prohibiting mixed marriages. There is a case now pending before the U. S. Supreme Court attacking the constitutionality of those laws, and as sure as the sun shines the U. S. Supreme Court will accommodate that demand.
The most unfortunate decision ever rendered by the U. S. Supreme Court was the case of Missouri v. Holland in 1920. That decision wrong fully held that treaties are superior to our Constitution. The Com munists and left-wingers danced with glee when that decision was announced. President Truman's Civil Rights Commission in 1947 re ported that the United Nations Charter being a treaty, that new vistas had opened to them in the field of civil rights which they had not theretofore dreamed were possible. While you and I, and the rank and file of the American people, were told that the United Nations Charter represented our longing for peace and was a panacea against war, those boys were operating on the idea that the United Nations was a super government, and as Secretary Stettinius termed it, the Charter was an "International Constitution."
We did not dream that it would be used to run roughshod over our Constitution, or that it would meddle with our internal affairs. We had no idea that it would be used as a basis for the enactment of civil rights which even the U. S. Supreme Court had held conflicted with our Constitution. We of course know that in Oyama v. California, 334 U.S., the Supreme Court held that a former constitutional law of California was illegal because it conflicted with the United Nations Charter.
Briefly, though I must hurry on, I stake any reputation which I might have as a lawyer of thirty years experience that there is not one decision of the U. S. Supreme Court that has offended our philoso phies, ran counter to our Constitution and completely against our way of life, which cannot be defended, provided you first admit, which I do not, that treaties override and are superior to our Constitution. I hope that shocks you. Many lawyers have asked me why it was that the U. S. Supreme Court ignored the rule of stare decisis in the school case decisions. I can give you this explanation: cases holding that separate but equal facilities satisfied all constitutional concepts were decisions rendered in the Constitution itself. Since those decisions were rendered, the United Nations Charter has been adopted and ratified by the government of the United States, and if treaties override our Con stitution, then the Supreme Court Judges perhaps could defend an impeachment proceeding upon the contention that there was no rule of stare deeisis, because a treaty had been approved since the rendition of the former decisions.
It is my recommendation that each and every lawmaker in the United States and everyone interested in constitutional government secure a copy of the United Nations Charter and the Universal Decla ration on Human Rights. For your information, a few months ago I sent my check to the United Nations, after discovering that this spend thrift government of ours had neither of those documents, although it distributes free pamhplets on everything that the human mind ctm conceive of, including the sex life of flowers, asking that they send me an equal number of the Charters and the Universal Declaration on
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Human Rights. They sent me 200 copies of the Charter, but advised me they were indefinitely out of the Universal Declaration on Human Rights. In other words--I must assume they do not expect to print any more copies.
I have one copy, however, and I am saving it for seed, and if they do not print more, we will just have the one that I possess reprinted, because there is the instrument which explains everything and shows the direction this government is travelling in. Those two instruments furnished the inspiration for the decision in the Watkins case which virtually destroyed the powers of Congress to investigate subversive activities; they also will explain the decision against California, telling that sovereign State that it must withdraw its dential of the right to practice law to the one that had been a former Communist; they ex plain the Steve Nelson case which told the sovereign State of Pennsyl vania in effect that States rightes were no more, and that a State could not legislate against the overthrow of a state government; when you read those instruments, you can understand where the reasoning was obtained in the decision telling New York that it could not fire a Communist teacher in the public schools, for under those instruments Communists is a political philosophy and protected as such. Under those instruments you can begin to see the unreasonable utterances enunciated in the Girard will case in Pennsylvania.
Now, we might as well shell the corn and we might as well under stand what lies ahead for us. It is my considered opinion that the Girard will case decision was rendered for the express purpose of being made applicable to the State of Georgia and other southern States. The NAACP and other organizations understand that and I am not telling them anything which they do not already know. To the Gov ernors of Georgia, the present and the future, to the present leaders of the House and the Senate, and the future leaders, and to the present members of this body and those who come hereafter, I warn you that you might as well roll up your sleeves and bare your breasts and be at all times ready, willing and able to fight. There are entirely too many lawyers in this Joint Session for me to presume that I must analyze and digest the consequences of that decision to you. Let them threaten the denial of funds. Let them threaten the denial to us of the use of public buildings or property. They may put those threats into execution, but by the Grace of God, they will be the losers. In punishing us, they will arouse the righteous wrath of the good people from the four corners of this nation as nothing else could do.
You have been most kind to me. You have honored me far more than I deserve. I am simply a country lawyer from the little town of Leesburg, who is entrusted with the privilege of fighting for principles which our people love more than life itself. I have done, and will con tinue to do, and the Georgia Delegation has done and will continue to do everything possible to try to recover those principles for you and bring them safely home.
I thank the people of Georgia for that privilege, and if you will permit me, please let me tell you of one little act which I was able to perform for you that will perhaps remain the high-water mark of my life. In the 83rd Congress, S. J. Res. 44, proposing an amendment to our Constitution was introduced by Senator Butler of Maryland and was passed in the Senate by a vote of 44 to 29. That resolution was
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advocated by the Bar of the City of New York, a Bar which I have found by experience to be one that favors centralized government and liberal theories always, and approved by the House of Delegates of the American Bar Association.
Under Article III, Section 2, paragraph 2, of our Constitution, it is provided that in all constitutional questions the Supreme Court shall have appellate jurisdiction, subject to such exceptions and regulations as Congress might make. Under S. J. Res. 44, as conceived by the Bar of the City of New York, and approved by the American Bar Asso ciation as aforesaid, that provision was changed to read that the Su preme Court would have appellate jurisdiction of all constitutional questions both law and fact, deleting the right of Congress to make exceptions and regulations.
Strange indeed, Justice Burton and former Justice Owen Roberts had recommended that provision. Indeed, those gentlemen referred to the right of Congress to make exceptions and regulations to the appel late jurisdiction of the Supreme Court as the Achilles heel. They recommended that the Supreme Court be given complete and exclusive authority on saying what the Constitution did and did not mean, free of any interference from any branch of government whatsoever. That resolution was passed favorably out of a Subcommittee of the House Committee on the Judiciary, but when it was brought before the full committee, I read that iniquitous provision and I lead the fight to defeat S. J. Res. 44, and strangely, not a one of the members of the Subcommittee had realized the danger of such provisions. We defeated that Bill, thank God.
Here is why I am proud and thankful. Had that bill passed and been adopted, the people of this country would have been bereft of any remedy whatsoever in seeking to undo the horrible decisions that the U. S. Supreme Court has rendered in recent years, and the U. S. Supreme Court would have been, as they assume themselves to be, complete dictators of the United States of America. I had the joyous privilege of retaining for the people the right to deal with that court and its membership and that right remains, and all on earth we need to deal with that court is the will on the part of Congress so to do. That was worth going to Congress for.
As surely as we stand in this hallowed place, if the Supreme Court of the United States has the power to write the law of the land, and if the President has the right to enforce those decisions with troops, then we are a dictatorship as terrifying as any existing in foreign lands. Yet, that is the order of these evil days.
Maybe some of you were surprised when I was bold enough to give a statement to the newspapers that President Eisenhower would send troops to Little Rock. I was not unmindful of the fact that the Civil War statute providing that the President could send roops to en force civil rights had been stricken from the law in the Senate. I was thoroughly familiar with that provision and pointed it out in the Minority Report of which I was the author in 1956, and again in the Minority Report of 1957, and I pointed it out on the Floor of the House in 1956. I also knew that when that provision was stricken in the Senate by a vote of 94 to nothing, that the left-wing boys did not think that they had given up anything.
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I remind you again, remember the law of brute force. I do not think that Herbert Brownell sent those troops. I do not think that Sherman Adams did. Sitting in the White House is a man by the name of Max Rabb, who is one of the President's secretaries, and who was head of one of the minority groups before he became advisor to the President on minority affairs. The minority groups are the boys who demanded that troops be sent to Little Rock. They are the ones who got the President's ear, and I am confident that they are the ones who persuaded the President to do a thing that he had told Senator Russell about two weeks before he could not conceive of ever doing.
Believe me, my friends, these so-called "tolerant" boys are the most intolerant boys this country has ever spawned. No, it is not the Negro. Down in Leesburg, Georgia, there is an old Negro who has worked for me off and on for 25 or 30 years and he has as faithful a heart as ever beat in a human breast. He writes to me often. In one of his letters he said this to me: "Everything is all right down home, and the yard's all right. You take care of the Yankees, and I'll take care of the home-folks." While he is wrong in saying the Yankees, he knew that there were sinister influences somewhere and in his heart he wanted them corrected.
I know of no greater privilege ever accorded to the lawmakers of this nation and to the leaders of this nation than the privilege of preserving these things which I have discussed. There is no place on the globe more appropriate to discuss these principles than the spot where you and I stand, and no legislative body, State or Federal, can be more dedicated or more firm in its adherence to the principles upon which our government is based than here. No wonder, my friends, it's great to be a Georgian.
Senator Hawes of the 30th moved that the Joint Session be now dissolved, and the motion prevailed.
The President of the Senate announced the Joint Session dissolved.
The Speaker called the House to order.
The 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 612. By Mr. Overby of Hall:
A Bill to he entitled an Act to amend the "Building and Loan Act," and for other purposes.
HB 616. By Messrs. Scoggin, Wright and Hall of Floyd:
A Bill to be entitled an Act to amend an Act relating to the licensing of warm air heating contractors in certain counties; and for other purposes.
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HB 668. By Messrs. Rogers of Heard, Irwin of Habersham and others:
A Bill to be entitled an Act to provide where license is required to post bond the Commissioner may accept in lieu thereof cash; and for other purposes.
HB 675. By Messrs. Greene and Bradley of Bartow:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Cartersville, so as to change the corporate limits of said City; and for other purposes.
HB 699. By Messrs. McClelland, M. Smith and Brooks of Fulton:
A Bill to be entitled an Act to amend an Act pertaining to the at tendance of witnesses and the fees therefor in counties having a certain population; and for other purposes.
HB 716. By Mr. Yandle of Toombs:
A Bill to be entitled an Act to amend an Act creating the office of Commissioner of Roads and Revenue in and for the County of Toombs; and for other purposes.
HB 748. By Mr. Raulerson of Echols:
A Bill to be entitled an Act to amend an Act entitled "An Act to in corporate the Town of Statesville"; and for other purposes.
HB 754. By Messrs. Cheatham, Eyler and Brennan of Chatham:
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 other purposes.
HB 759. By Messrs. Young, Pickard and Nilan of Muscogee:
A Bill to be entitled an Act to amend an Act relating to the fees paid to coroners in certain counties; and for other purposes.
HB 763. By Messrs. Blalock and Lee of Clayton:
A Bill to be entitled an Act to repeal an Act incorporating the City of Mountain View; and for other purposes.
HB 764. By Messrs. Blalock and Lee of Clayton:
A Bill to be entitled an Act to amend an Act creating a 3-member Borad of Commissioners of Roads and Revenues of Clayton Countp; and for other purposes.
HB 766. By Messrs. Blalock and Lee of Clayton:
A Bill to be entitled an Act to provide that the governing authorities of certain counties may charge for inspection, etc., for installation of plumbing; and for other purposes.
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HB 772. By Messrs. Musgrove of Clinch, Lott of Berrien, Moorman of Lanier and others:
A Bill to be entitled an Act to amend an Act abolishing the fee system in the Superior Court of the Alapaha Judicial Circuit; 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 778. By Mr. Carr of Dooly:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Vienna; and for other purposes.
HB 785. By Messrs. Cloud and Taylor of Decatur:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Bainbridge; to change corporate limits; and for other purposes.
HB ,798. By Mr. Watson of Houston:
A Bill to be entitled an Act to create and incorporate a new municipality in Houston County to be known as Centerville; and for other purposes.
HB 802. By Messrs. Parker and Hodges of Ware, Kimmons of Pierce and others:
A Bill to be entitled an Act to amend an Act abolishing fee system in Superior Courts of Waycross Circuit; to provide additional com pensation for attendance and reporting felony cases; and for other purposes.
HB 812. By Messrs. Barrett of Cherokee, Cagle of Pickens, and others:
A Bill to be entitled an Act to amend an Act establishing salary for the Solicitor General of the Blue Eidge Judicial Circuit; and for other purposes.
HB 814. By Mr. Moorman of Lanier:
A Bill to be entitled an Act to amend an Act creating a Board of Commissioners of Roads and Revenues for Lanier County; and for other purposes.
HB 817. By Mr. Henderson of Irwin:
A Bill to be entitled an Act to repeal an Act amending an Act creating the Board of Commissioners of Roads and Revenues of Irwin County; and for other purposes.
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HB 826. By Mr. Tamplin of Morgan:
A Bill to be entitled an Act creating a Board of Commissioners of Roads and Revenues for Morgan County; and for other purposes.
HB 827. By Mr. Rough ton of Washington:
A Bill to be entitled an Act creating the City Court of Sandersville, in and for the county of Washington; and for other purposes.
HB 676. By Messrs. Lanier of Candler, Fowler of Douglas, Ray of Warren and others:
A Bill to be entitled an Act to amend an Act regulating the marketing of eggs, to re-define fresh eggs; and for other purposes.
HR 246. By Mr. Carlisle of Bibb:
A Resolution providing for Study of Needs and Proposals for increasing Educational Advantages for Gifted Children in the Public School System of Georgia.
HR 310. By Mr. Overby of Hall:
A Resolution authorizing the State Librarian to furnish certain law books to the Superior Court of Hall County; and for other purposes.
HR 396. By Mr. Smith of Fulton:
A Resolution to congratulate the Central Presbyterian Church on their Centennial Celebration; and for other purposes.
The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following Bills and Resolutions of the House and Senate to wit:
SB 180. By Senator Sanders of the 18th:
A Bill to amend the corporation Act of 1938 of the State of Georgia so as to provide that all meetings of incorporators shall be held within the State of Georgia; to provide for the meeting of stockholders and directors; and for other purposes.
SB 186. By Senators Wright of the 24th, Hawes of the 30th, Jackson of the 21st, Sanders of the 18th, Brown of the 19th, Crawford of the 1st and Ellard of the 31st:
A Bill to amend an Act creating the office of Solicitor General emeritus and the Solicitors General Retirement Fund of Georgia so as to increase the retirement benefits; and for other purposes.
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SB 188. By Senators Brown of the 52nd and Sammon of the 34th:
A Bill to amend an Act creating the Department of Public Safety so as to prohibit the operating of a Motor driven cycle, as defined, by anyone who is under the age of 16 years; and for other purposes.
SB 196. By Senators Hawes of the 30th, Trotter of the 37th, Mallory of the 25th, and Foster of the 26th:
A Bill to amend the Act providing for the registration of motor ve hicles and the issuance of motor vehicle license plates by the tax collectors or tax commissioners of various counties, so as to provide that license plates shall not be issued to owner operators of motor vehicles holding a drivers license issued by a state or territory other than the State of Georgia; to provide that drivers licenses not issued by the State of Georgia shall not be valid when held by owners or members of their families operating motor vehicles bearing Georgia license plates; and for other purposes.
SB 222. By Senators Sanders of the 18th and Cox of the 50th:
A Bill to amend Chapter 84-14 of the Code of Georgia relating to real brokers and salesmen, so as to authorize the use of injunctions by the Real Estate Commission; and for other purposes.
SB 235. By Senator Cook of the 42nd:
A Bill to amend the Act providing for the filing of a brief of evidence or stenographic report on motions for a new trial; so as to provide for the filing of the original stenographic notes or the brief of the evidence, whether in question and answer form or otherwise; and for other purposes.
SB 238. By Senators Trotter of the 37th, Hill of the 54th and Crawford of the 1st:
A Bill to amend the Act which provided for the coverage of certain officers and employees of the State and political subdivisions under the Old Age and Survivors Insurance provisions of Title II of the Federal Social Security Act, so as to provide for definitions; to provide for Federal-State agreement; to provide for separability; to provide for effective date; and for other purposes.
SB 241. By Senator Foster of the 26th:
A Bill to provide for the issuance by the State Revenue Commissioner of special license plates for antique automobiles; and for other purposes.
SB 243. By Senators Howell of the 9th, Garrett of the 53rd, Foster of the 26th, Young of the 45th, Hill of the 54th and Bentley of the 39th:
A Bill to amend the Act known as the Agricultural Commodities Authority Act so as to levy a charge on each acre of tobacco grown or the yield thereof sold in Georgia, on each bale of cotton grown or sold in Georgia, and upon each ton of peanuts grown or sold in Georgia; and for other purposes.
THURSDAY, FEBRUARY 6, 1958
469
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 244. By Senator Foster of the 26th:
A Bill to amend the Act placing the Coroner of Clayton County on a salary basis rather than a fee basis so as to increase the compensation of the Coroner; and for other purposes.
SB 245. By Senator Stafford of the 47th:
A Bill to amend the charter of the City of Tifton so as to authorize said city to construct, maintain, own and operate a gas system for the purpose of supplying gas; to provide that said city may make contracts for the supplying of gas; and for other purposes.
SB 246. By Senator Hill of the 54th:
A Bill to amend the Act incorporating the City of Cobbtown so as to provide for the election of a mayor and councilmen for said city at the same time, and that said officers shall be elected for a term of one year; and for other purposes.
SB 247. By Senator Pelham of the 7th:
A Bill creating a Small Claims Court; to provide for the appointment, duties, powers, compensation, qualifications, substitution and tenure of office of the judge of such court; and for other purposes.
SB 251. By Senator Ellard of the 31st:
A Bill to amend the Act incorporating the town of Cornelia in the County of Habersham so as to change the corporate limits of said town; and for other purposes.
By unanimous consent, the following committee reports were submitted and read:
Mr. Scoggins of Floyd County, Chairman of the Committee on Appropri ations, submitted the following report:
Mr. Speaker:
Your Committee on Appropriations has had under consideration the fol lowing Resolutions of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HR 169-526c. Do Pass.
HR 184-567a. Do Pass.
HR 198-610b. Do Pass.
HR 261-662k. Do Pass.
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JOURNAL OF THE HOUSE,
HR 280-702b. Do Pass. HR 281-702c. Do Pass. HR 298-744b. Do Pass. HR 311-772b. Do Pass.
Respectfully submitted, Smith of Emanuel,
Vice-Chairman.
Scoggin of Floyd, Chairman.
Mr. Freeman of Monroe County, Chairman of the Committee on Banks and Banking, submitting 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 684. Do Pass.
Respectfully submitted,
Freeman of Monroe,
Chairman.
Mr. Bodenhamer of Tift County, Chairman of the Committee on Education, submitted the following report:
Mr. Speaker: Your Committee on Education has had under consideration the following
Bills and Resolutions of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HR 347-827e. Do Pass.
HB 892. Do Pass.
HB 663. Do Pass.
HR 254-662d. Do 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
THURSDAY, FEBRUARY 6, 1958
471
following House and Senate Bills and has instructed me as Chairman, to report the same back to the House with the following recommendations:
SB 49. Do Not Pass. HB 774. Do Not Pass. SB 187. Do Pass. HB 782. Do Pass. HB 894. Do Pass.
Respectfully submitted, Rowland of Johnson, Chairman.
Mr. Twitty of Mitchell County, Chairman of the Committee on Judiciary, submitted the following report:
Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bills and Resolutions, 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 828. Do Pass, by Substitute. HB 828. Do Pass, by Substitute. (See Rep. Geor. Busbee). SB 183. Do Pass. HB 844. Do Pass, as amended. HB 193. Do Pass. SB 198. Do Pass. HB 960. Do Pass. (Should this be listed as a Resolution). HB 961. Do Pass.
Respectfully submitted, Twitty of Mitchell, Chairman.
Mr. Jack Short of Colquitt, County, Chairman of the Committee on Local Affairs, submitted the following report:
Mr. Speaker:
Your Committee on Local Affairs has had under consideration the following House Bills and Senate Bills and Resolutions of the House and Senate and has instructed me as Chairman, to report the same back to the House with the fol lowing recommendations:
HB 854. Do Pass.
HB 856. Do Pass.
472
JOURNAL OP THE HOUSE,
HB 858. Do Pass. HB 860. Do Pass. HB 861. Do Pass. HB 864. Do Pass, HB 865. Do Pass. HB 870. Do Pass. HB 871. Do Pass. HB 872. Do Pass. HB 873. Do Pass. HB 875. Do Pass. HB 876. Do Pass, HB 878. Do Pass. HB 879. Do Pass. HB 880. Do Pass. HB 883. Do Pass. HB 884. Do Pass. HB 885. Do Pass. HB 886. Do Pass. HB 887. Do Pass. HB 889. Do Pass. HB 890. Do Pass. HB 893. Do Pass. HB 895. Do Pass. HB 896. Do Pass. HB 899. Do Pass. HB 900. Do Pass. HB 905. Do Pass. HB 906. Do Pass. HB 909. Do Pass. HR 359-874a. Do Pass.
HR 360-874b. Do Pass. HR 362-874d. Do Pass. HR 363-874e. Do Pass.
HB 364-874f. Do Pass.
THURSDAY, FEBRUARY 6, 1958
473
HR 368-877a. Do Pass. HR 378-894d. Do Pass. HR 380-894f. Do Pass. HR 379-894e. Do Pass. SB 230. Do Pass.
Respectfully submitted, Short of Colquitt, Chairman.
Mr. Short of Colquitt County, Chairman of the Committee on Local Affairs, submitted the following report: Mr. Speaker:
Your Committee on Local Affairs has had under consideration the following Bills and Resolutions 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 911. Do Pass. HB 914. Do Pass. HB 918. Do Pass. HB 919. Do Pass. HB 922. Do Pass. HB 923. Do Pass. HB 924. Do Pass. HB 925. Do Pass. HB 926. Do Pass. HB 927. Do Pass. HB 928. Do Pass. HB 929. Do Pass. HB 930. Do Pass. HB 934. Do Pass. HB 935. Do Pass. HB 936. Do Pass. HB 937. Do Pass. HB 938. Do Pass. HB 940. Do Pass. HB 941. Do Pass. HB 942. Do Pass.
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JOURNAL OF THE HOUSE,
HB 943. Do Pass. HB 944. Do Pass. HR 389-940a. Do Pass. HR 390-940b. Do Pass. HR 392-940d. Do Pass. SR 92. Do Pass.
Respectfully submitted, Short of Colquitt, Chairman.
Mr. Souter of Macon County, Chairman of the Committee on State Institu tions and Property, submitted the following report:
Mr. Speaker: Your Committee on State Institutions and Property has had under considera
tion the following Bill and Resolutions of the House and has instructed me as Chairman, to report the same back to the House with the following recommenda tions :
HR 334-789a. Do Pass.
HR 340-806b. Do Pass. HB 173. Do Pass. HR 333-787b. Do Pass. HR 263-66. Do Pass HR 258-662h. Do Pass. HR 314-772e. Do Pass. HR 287-703f. Do Pass.
Respectfully submitted,
Souter of Macon,
Chairman.
Mr. Overby of Hall County, Chairman of the Committee on State of Republic, submitted the following report:
Mr. Speaker:
Your Committee on State of Republic has had under consideration the fol lowing Bills and Resolutions of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 809. Do Not Pass.
HB 807. Do Not Pass.
HR 323. Do Pass.
THURSDAY, FEBRUARY 6, 1958
475
HB 945. Do Pass. HB 946. Do Pass. HB 862. Do Pass. HB 773. Do Pass. HR 397. Do Pass. HB 897. Do Pass. HB 767. Do Pass. HB 838. Do Pass, as amended. HB 791. Do Not Pass. HB 859. Do Pass.
Respectfully submitted, Overby of Hall, Chairman.
By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time:
HB 947. By Messrs. Holloway and Busbee 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 authorize the City of Albany to extend its electrical distribution system without and beyond the corporate limits of the City of Albany; and for other purposes.
HB 948. By Messrs. Holloway and Busbee 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 enlarge the powers of eminent domain possessed by said City; to authorize the condemnation of certain public utility property; and for other purposes.
HB 949. By Messrs. Prazier of Jeff Davis and Underwood of Montgomery:
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 exclude the sale of use of fuel used in curing tobacco; and for other purposes.
HB 950. By Messrs. Jones of Lumpkin and Twitty of Mitchell:
A Bill to be entitled an Act to amend an Act relating to the exceptions to the applicability of Code Chap. 84-14 relating to "Real Estate Brokers and Salesmen, in certain counties; and for other purposes.
HB 951. By Messrs. Frazier of Jeff Davis, Fowler of Douglas and Underwood of Montgomery:
A Bill to be entitled an Act to amend an Act relating to the levy and exemptions of the tax on motor fuels; and for other purposes.
476
JOURNAL OP THE HOUSE,
HB 952. By Messrs. Busbee and Holloway 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 authorize the City of Albany to termi nate or revoke certain franchises, licenses or privileges of public utility corporations; and for other purposes.
HB 953. By Mr. Chastain of Thomas:
A Bill to be entitled an Act to amend the Charter of the City of Thomasville; and for other purposes.
HB 954. By Mr. Walker of Telfair:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Milan; and for other purposes.
HB 955. By Messrs. Cheatham, Eyler and Brennan of Chatham:
A Bill to be entitled an Act to amend an Act incorporating and creating a charter for the City of Port Wentworth, so as to increase the corporate limits of said city; and for other purposes.
HB 956. By Mr. Kelley of Dawson:
A Bill to be entitled an Act to amend an Act creating the office of County Tax Commissioner of Dawson County; and for other purposes.
HB 957. By Messrs. Rogers of Charlton, Odom of Camden, Raulerson of Echols and Perry of Marion:
A Bill to be entitled an Act to amend an Act known as the Uniform Act Regulating Traffic on Highways, so as to increase the speed limits of vehicles; and for other purposes.
HB 958. By Messrs. McClelland, Brooks and M. Smith of Fulton:
A Bill to be entitled an Act establishing a new charter for the City of College Park, providing for the repaving of streets or alleys; and for other purposes.
HB 959. By Messrs. McWhorter, Mackay and Rutland of DeKalb:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Chamblee; and for other purposes.
HB 960. By Messrs. Brennan, Cheatham and Eyler of Chatham:
A Bill to be entitled an Act to provide that all amounts collected in a sinking fund pursuant to the provisions of the Constitution, and irrevocably pledged and appropriated to the retirement of the outstand ing bonded indebtedness for which they are collected and which cannot be legally used for any other purpose, shall be deductible from total bonded debt, etc.; and for other purposes.
HB 961. By Messrs. Helms of Atkinson, Twitty of Mitchell, Kimmons of Pierce, Lott of Berrien, Sheffield of Brooks, Moorman of Lanier, and others:
A Bill to be entitled an Act to amend an Act so as to admit graduates
THURSDAY, FEBRUARY 6, 1958
477
of certain law school to the practice of law without examination; and for other purposes.
HB 962. By Messrs. Pickett and Coalson of Polk:
A Bill to be entitled an Act to place the Coroner of Polk County on a salary basis in lieu of a fee basis; and for other purposes.
HB 963. By Messrs. Pickett and Coalson of Polk:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Cedartown, so as to change the maximum fine limitation; and for other purposes.
HB 964. By Mr. Hendrix of Long:
A Bill to be entitled an Act to amend an Act supplementing the com pensation of the Ordinary of Long County; and for other purposes.
HB 965. By Mr. Hendrix of Long:
A Bill to be entitled an Act to amend an Act establishing a City Court of Ludowici; and for other purposes.
HB 966. By Mr. Hawkins of Screven:
A Bill to be entitled an Act to amend an Act providing for retirement benefits for the Ordinaries of Georgia, so as to change the composition of the board; and for other purposes.
HB 967. By Mr. Hawkins of Screven:
A Bill to be entitled an Act limiting the purposes for which counties and municipalities may levy and collect taxes; and for other purposes.
HB 968. By Messrs. McClelland, Brooks and M. Smith of Fulton:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Fairburn; and for other purposes.
HR 398-968a. By Mr. Carter of Hart:
A Resolution proposing an amendment to the Constitution so as to provide that the Board of Education of Hart County shall be composed of eight members elected by the people; and for other purposes.
HR 399-968b. By Messrs. Palmer and Twitty of Mitchell and Raulerson of Echols:
A Resolution proposing an amendment to the Constitution so as to provide that motor vehicles shall be subject to only one form of taxation which shall be a license tax; and for other purposes.
HR 400-968c. By Mr. Ray of Warren:
A Resolution authorizing the Governor, in his discretion, acting for and on behalf of the State of Georgia to convey certain lands owned
478
JOURNAL OF THE HOUSE,
by the State Highway Department of Georgia in Warren County, to Mrs. W. P. English for a consideration of $1.00; and for other purposes.
HR 401-968d. By Mr. Land of Wilkinson:
A Resolution to designate the bridge over Turkey Creek on State High way No. 112, as the E. Cuyler Adams Bridge; and for other purposes.
HB 969. By Messrs. McKenna, Carlisle and Wilson of Bibb:
A Bill to be entitled an Act to close an alley known as Cemetery Lane in the City of Macon; and for other purposes.
HB 970. By Messrs. Bolton and Lindsey of Spalding:
A Bill to be entitled an Act to amend an Act relating to the regulation of rates for fire, marine and inland marine insurance, so as to provide for public hearings prior to the authorization of rate increases; and for other purposes.
HB 971. By Messrs. Bolton and Lindsey of Spalding:
A Bill to be entitled an Act to amend an Act relating to the regulation of rates for casualty and other forms of insurance, so as to provide for public hearings prior to the authorization for rate increases; and for other purposes.
SR 94. By Senator Hawes of the 30th:
A Resolution proposing an amendment to the Constitution so as to clarify the provisions for the creation of a State Medical Education Board; to provide for granting of Scholarships to physicians and other specialized personnel in the psychiatric field; and for other purposes.
SR 122. By Senators Garrett of the 53rd, Young of the 45th, Foster of the 26th, Henderson of the 5th, McGarity of the 35th and Mallory of the 25th:
A Resolution proposing that the Legislature memorialize and petition the Congress of the U.S. to enact legislation providing the dairy support price for 1958 be not less than the current $3.25 per hundredweight for 3.95 percent butterfat milk; and for other purposes.
SB 203. By Senator Hawes of the 30th:
A Bill to be entitled an Act to provide for the treatment of mentally ill persons, both voluntarily and involuntarily; and for other purposes.
SB 205. By Senator Hawes of the 30th:
A Bill to be entitled an Act to create an administrative division of mental health within the Department of Public Health; to provide for the appointment of a Director of Mental Health; and for other purposes.
SB 224. By Senator Crawford of the 1st:
A Bill to be entitled an Act to improve and extend by reciprocal legislation the enforcement of duties of support and make uniform laws with respect thereto; and for other purposes.
THURSDAY, FEBRUARY 6, 1958
479
SB 227. By Senators Garrett of the 53rd and Been of the 46th:
A Bill to be entitled an Act relating to the taxing of cigars, cigarettes, litle cigars, cheroots and stogies, so as to provide that each tax stamp shall show amount of tax paid; and for other purposes.
SB 232. By Senators Sammon of the 34th, McGarity of the 35th, Garrett of the 53rd, Crawford of the 1st and Hill of the 54th:
A Bill to be entitled an Act to amend the Act known as "The Old Age Assistance Act, so as to provide maximum income of recipient before he shall be disqualified to receive assistance from the State; and for other purposes.
SB 239. By Senator Langdale of the 6th:
A Bill to be entitled an Act to amend an Act relating to the duties of Tax Receivers, so as to remove the provisions relative to the Tax Re ceiver making rounds to receive tax returns; and for other purposes.
SB 240. By Senator Langdale of the 6th:
A Bill to be entitled an Act relating to relieving the Tax Collector from making rounds to collect taxes; and for other purposes.
By unanimous consent, the following Bills and Resolutions of the House, favorably reported, were read the second time:
HR 184-567a. By Mr. Miles of Richmond:
A Resolution to compensate Freddie Youngblood; and for other purposes.
HR 198-610b. By Mr. Overby of Hall:
A Resolution to compensate Archie Lamar Simmons; and for other purposes.
HB 173. By Messrs. Kidd and Griffith of Baldwin:
A Bill to be entitled an Act to authorize the Governor and the Director of the State Welfare Department to negotiate with certain parties for the construction of a waste disposal plant at Milledgeville State Hos pital; and for other purposes.
HB 193. By Mr. Jones of Laurens:
A Bill to be entitled an Act to provide that it shall be within the Judge's discretion to accept a plea of guilty in a capital felony case; and for other purposes.
HR 323. By Messrs. Scoggin of Floyd, Palmer of Mitchell, Overby of Hall, Wright of Floyd, Echols of Upson, and Russell of Barrow:
A Resolution creating the Insurance Laws Revision Committee; and for other purposes.
480
JOURNAL OF THE HOUSE,
HR 397. By Messrs. Twitty of Mitchell, Moate of Hancock, Smith of Emanuel and Palmer of Mitchell: A Resolution calling for the appointment of a study committee to probe the reason for increased insurance rates in Georgia; and for other purposes.
By unanimous consent, the following Bills of the House were taken up for consideration and read the third time:
HB 854. By Messrs. Cheatham, Eyler and Brennan of Chatham: A Bill to be entitled an Act to amend and revise the Charter of the Savannah District Authority; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 104, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 856. By Mr. Willis of Thomas: A Bill to be entitled an Act to amend an Act incorporating the City of Coolidge; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 104, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 858. By Messrs. Miles, Holley and Fuqua of Richmond: A Bill to be entitled an Act to amend an Act to establish the City Court 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 104, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 860. By Messrs. Moss and Story of Gwinnett:
A Bill to be entitled an Act to amend an Act incorporating the Town of Sugar Hill; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
THURSDAY, FEBRUARY 6, 1958
481
On the passage of the Bill, the ayes were 104, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 861. By Mr. Perkins 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 104, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 864. By Messrs. Cheatham, Eyler and Brennan of Chatham:
A Bill to be entitled an Act to amend an Act incorporating and creating a charter for the City of Port Wentworth; and for other purposes.
The report 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 870. By Messrs. McClelland, Brooks and Smith of Fulton:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of East Point; and for other purposes
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 104, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 871. By Messrs. McClelland, Brooks and Smith of Fulton:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of East Point; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 104, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
482
JOURNAL OF THE HOUSE,
HB 872. By Messrs. Brooks, McClelland and Smith of Fulton:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of East Point; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 104, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 876. By Messrs. Greene of Bartow, Long of Murray, Smith of Whitfield:
A Bill to be entitled an Act to amend an Act placing the SolicitorGeneral of the Cherokee Judicial Circuit on a salary 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 104, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 878. By Mr. Wright of Dodge:
A Bill to be entitled an Act to amend an Act creating the office of Commissioner of Roads and Revenues for Dodge County; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 104, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 879. By Mr. Wright of Dodge:
A Bill to be entitled an Act to amend an Act creating the office of Tax Commissioner of Dodge County; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 104, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 880. By Mr. Wright of Dodge: A Bill to be entitled an Act to amend an Act supplementing the com pensation of the Ordinary of Dodge County; and for other purposes.
THURSDAY, FEBRUARY 6, 1958
483
The report 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 886. By Messrs. Payton and Blalock of Coweta:
A Bill to be entitled an Act to authorize and direct the Mayor and Council to close Mclntosh Street as a thoroughfare in said City of Newnan; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 104, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 887. By Mr. Harrison of Franklin:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Carnesville; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 104, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 889. By Mr. Johnson of Rowland:
A Bill to be entitled an Act to amend an Act creating a Board of Commissioners of Roads and Revenues for the County of Johnson; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 104, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 890. By Messrs. Holley, Fuqua and Miles of Richmond:
A Bill to be entitled an Act to provide for a county planning and zoning commission and a county board of zoning appeals in certain counties with a certain population; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
484
JOURNAL OF THE HOUSE,
On the passage of the Bill, the ayes were 104, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 893. By Mr. Jones of Lumpkin:
A Bill to be entitled an Act to amend an Act creating the office of Tax Receiver and Tax Collector of Lumpkin 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 104, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 895. By Messrs. Roberts and Fellows of Coffee:
A Bill to be entitled an Act to amend an Act creating a new charter 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 104, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 896. By Messrs. Roberts and Fellows of Coffee:
A Bill to be entitled an Act to amend an Act creating a new charter 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 104, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 899. By Messrs. McClelland, Brooks and Smith of Fulton:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of East Point; and for other purposes.
The report of the committee which was favorable to the passage of the iBll, 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 6, 1958
485
HB 900. By Messrs. McClelland, Brooks and 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.
The report 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 905. By Messrs. McClelland, Brooks and 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.
The report 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 906. By Messrs. Smith, McClelland and Brooks 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 104, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 909. By Messrs. Alien and Fordham of Bulloch:
A Bill to be entitled an Act to amend an Act incorporating the Town of Portal; and for other purposes.
The report 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 911. By Messrs. Holloway and Busbee of Dougherty:
A Bill to be entitled an Act to create the Albany Dougherty Payroll Development Authority; and for other purposes.
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 ayes were 104, nays 0.
The Bill, having received the requisite constitutional majorityl, was passed.
HB 914. By Mr. Ellis of Henry:
A Bill to be entitled an Act to fix the compensation of the members of the Board of Education of Henry County; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 104, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 918. By Mr. Elder of Oconee:
A Bill to be entitled an Act to amend an Act creating the Board of Commissioners of Roads and Revenues for the County of Oconee; and for other purposes.
The report 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 919. By Mr. Yandle of Toombs:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Vidalia; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 104, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 922. By Messrs. Coalson and Pickett of Polk: A Bill to be entitled an Act to amend an Act incorporating the City of Rockmart; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 104, nays 0.
THURSDAY, FEBRUARY 6, 1958
487
The Bill, having received the requisite constitutional majority, was passed.
HB 923. By Mr. Grimsley of Cook:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Adel; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 104, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 924. By Mr. Brackin of Seminole:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Donalsonville; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 104, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 925. By Mr. Adams of Evans:
A Bill to be entitled an Act to amend an Act creating and incorporating the City 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 104, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 926. By Messrs. Caldwell and Echols of Upson: A Bill to be entitled an Act to amend an Act creating a new charter for the City for Thomaston; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 104, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 927. By Messrs. Caldwell and Echols of Upson: A Bill to be entitled an Act to amend an Act incorporating the City of Silvertown; and for other purposes.
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JOURNAL OF THE HOUSE,
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 104, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 928. By Messrs. Caldwell and Echols of Upson:
A Bill to be entitled an Act to repeal an Act incorporating the City of Silvertown; and for other purposes.
The report 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 929. By Messrs. Caldwell and Echols of Upson:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Thomaston; and for other purposes.
The report 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 930. By Messrs. Echols and Caldwell of Upson:
A Bill to be entitled an Act to amend an Act incorporating the City of Silvertown; and for other purposes.
The report 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 934. By Messrs. McClelland, Brooks and Smith of Fulton:
A Bill to be entitled an Act to create a system of traffic courts for cities in this state having a certain population; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 104, nays 0.
THURSDAY, FEBRUARY 6, 1958
489
The Bill, having received the requisite constitutional majority, was passed.
HB 935. By Mr. Singer of Stewart:
A Bill to be entitled an Act to fix the compensation of the Tax Com missioner of certain counties; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 104, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 936. By Messrs. McWhorter, Mackay and Rutland of DeKalb:
A Bill to be entitled an Act to amend an Act creating five School Board Electrical Districts 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 937. By Messrs. McWhorter, Mackay and Rutland of DeKalb:
A Bill to be entitled an Act to amend an Act known as the DeKalb Pension System 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.
HB 938. 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 104, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 940. By Mr. Baughman of Early: A Bill to be entitled an Act to create and incorporate the City of Blakely; and for other purposes.
490
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 941. By Messrs. Mackay, McWhorter, and Rutland of DeKalb:
A Bill to be entitled an Act to amend the city charter of Doraville; and for other purposes.
The report 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 942. By Messrs. Cheatham, Brennan and Eyler of Chatham:
A Bill to be entitled an Act to amend an Act incorporating the City of Savannah; and for other purposes.
The following amendment was read and adopted:
Messrs. Cheatham, Eyler and Brennan of Chatham move to amend HB 942 by adding 3 more sections, as follows:
SECTION 4
Be it further enacted by the General Assembly of the State of Georgia and it is hereby enacted by the authority aforesaid that from and after the passage of this Act the corporate limits of the City of Savannah are hereby extended to include the land and improvements and property located within the following boundaries as hereinafter set forth:
All that certain lot, tract or parcel of land situate, lying and being in the County of Chatham, State of Georgia, and being known and distinguished on the map or plan of the City of Savannah as Lots Numbered One Hundred Five (105), One Hundred Eleven (111), and One Hundred Twelve (112) of the Springfield Plantation Tract; said lots as a whole originally containing sixty one (61) acres and now containing fifty four and eighty nine one-hundredths (54.89) acres by reason of the conveyance of a strip of land containing six and eleven one-hundredths (6.11) acres, more or less, cut off from the northern portion of said lots, which strip of land is more fully de scribed in a deed from Henry Blun to the Savannah Union Station Company, dated June 12, 1901, and recorded in the Office of the Clerk of the Superior Court of said County in Record Book 8-K, Page 205, to which reference is hereby made. Said lots hereby described being bounded as a whole on the North by lands of the Savannah Union Station Company, conveyed as above, on the East by Stiles Avenue, on the South by lands now or formerly of the Estate of G. N. Ryals, and on the eWst by lands now or formerly of Joseph C. Anderson;
THURSDAY, FEBRUARY 6, 1958
491
being the same property conveyed by Ernest C. and Mamie E. Bull to Dixie Construction Company of Georgia, Inc., by deed recorded March 8, 1954, in Record Book 59-L, Page 139 of the Chatham County records.
SECTION 5
Be it further enacted that the Mayor and Aldermen of the City of Savannah are hereby prohibited from levying taxes on property included in the annexation under this Bill until such time as the Mayor and Aldermen of the City of Savannah have furnished the following city services to the owners of property living within the annexed areas, to-wit: city water, city sewerage, city garbage disposal, city fire pro tection, city drainage and the laying out and grading of city streets. It is the intent of this Act that all streets within the annexed areas are hereby dedicated to the City of Savannah for use as streets.
SECTION 6
Be it further enacted by the authority aforesaid, and it is hereby enacted by the authority of the same, that should any part of this Act be construed by the court as illegal or unconstitutional for any reason, the remainder of said Act shall remain in full 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 104, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
HB 943. By Mr. Wright of Dodge:
A Bill to be entitled an Act to create a Board of Commissioners of Roads and Revenues for the County of Dodge; and for other purposes.
The report 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 944. By Mr. Wright of Dodge:
A Bill to be entitled an Act to amend the charter of the City of Eastman; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, as amended, the ayes were 104, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
492
JOURNAL OF THE HOUSE,
By unanimous consent, the following Bills of the Senate were read the first time and referred to the committees:
SB 180. By Senator Sanders of the 18th:
A Bill to be entitled an Act to amend the corporation Act of 1938, so as to provide that all meetings of incorporators shall be held within the State of Georgia; and for other purposes.
Referred to the Committee on Industry.
SB 186. By Senators Wright of the 24th, Hawes of the 30th, Jackson of the 21st and others:
A Bill to be entitled an Act creating the office of Solicitor General Emeritus and the Solicitors General Retirement Fund of Georgia so as to increase the retirement benefits; and for other purposes.
Referred to the Committee on State of Republic.
SB 188. By Senators Brown of the 52nd and Sammon of the 34th:
A Bill to be entitled an Act to amend an Act creating the Department of Public Safety so as to prohibit the operating of a motor driven cycle as defined, by anyone who is under the age of 16; and for other purposes.
Referred to the Committee on Motor Vehicles.
SB 222. By Senators Sanders of the 18th and Cox of the 50th:
A Bill to be entitled an Act to amend an Act relating to real estate brokers and salesmen, so as to authorize the use of injunctions by the Real Estate Commission; and for other purposes.
Referred to the Committee on Industry.
SB 196. By Senators Hawes of the 30th, Trotter of the 37th, Mallory of the 25th and Foster of the 26th:
A Bill to be entitled an Act to amend the Act providing for the registra tion of motor vehicles and the issuance of motor vehicle license plates by the tax collectors a tax commissioners of various counties; and for other purposes.
Referred to the Committee on Motor Vehicles.
SB 235. By Senator Cook of the 42nd:
A Bill to be entitled an Act to amend an Act providing for the filing of a brief of evidence or stenographic report on motions for new trials, and for other purposes.
Referred to the Committee on Judiciary.
SB 241. By Senator Foster of the 26th: A Bill to be entitled an Act to provide for issuance by State Revenue
THURSDAY, FEBRUARY 6, 1958
493
Commissioner of special license plates for antique automobiles; and for other purposes.
Referred to the Committee on Motor Vehicles.
SB 243. By Senators Howell of the 9th, Garrett of the 53rd, Foster of the 26th, Young- of the 45th, Hill of the 54th and Bentley of the 39th:
A Bill to be entitled an Act known as the "Agricultural Commodities Authority Act", so as to levy a charge on certain agricultural com modities grown and sold in Georgia; and for other purposes.
Referred to the Committee on Agriculture.
SB 238. By Senators Trotter of the 37th, Hill of the 54th and Crawford of the 1st:
A Bill to be entitled an Act to amend an Act which provided for the coverage of certain officers and employees of the Slate under the Old Age and Survivors Insurance Provisions; and for other purposes.
Referred to the Committee on Public Welfare.
SB 244. By Senator Foster of the 26th:
A Bill to be entitled an Act to amend an Act placing the Coroner of Clayton County on a salary basis rather than a fee basis so as to increase the compensation of the Coroner; and for other purposes.
Referred to the Committee on Local Affairs.
SB 245. By Senator Stafford of the 47th:
A Bill to be entitled an Act to amend the charter of the City of Tifton, so as to authorize said city to construct, maintain, own and operate a gas system for the purpose of supplying gas; and for other purposes.
Referred to the Committee on Local Affairs.
SB 246. By Senator Hill of the 54th:
A Bill to be entitled an Act to amend an Act incorporating the City of Cobbtown; and for other purposes.
Referred to the Committee on Local Affairs.
SB 247. By Senator Pelham of the 7th:
A Bill to be entitled an Act creating a Small Claims Court in certain counties; and for other purposes.
Referred to the Committee on Special Judiciary.
SB 251. By Senator Ellard of the 31st:
A Bill to be entitled an Act to amend the Act incorporating the town of Cornelia; and for other purposes.
Referred to the Committee on Local Affairs.
494
JOURNAL OF THE HOUSE,
By unanimous consent, the following Bill of the House was placed on the Calendar for the purpose of considering the unfavorable report of the committee:
HB 809. By Mr. Odom of Camden:
A Bill to be enttiled an Act to abolish the fee system for compensating county officers in this State; and for other purposes.
The following Resolution of the House was read and adopted:
HR 410. By Mr. McClelland of Fulton:
A RESOLUTION
WHEREAS, the Trinity Church Plan Foundation, a non-profit organization, was chartered in 1956 by the Superior Court of Fulton County, Georgia, for the purpose of assisting the churches of all de nominations with their building programs, and has now functioned for a period of one year; and
WHEREAS, during this period it has successfully assisted some 36 churches with their building programs in Georgia and other states across the country for a total of over two million dollars; and
WHEREAS, the founders, Judge Joseph S. Crespi, Honorable Clifford W. Milam, and Honorable Mary Jeanne Johnson, have devoted considerable time and energy to the said Foundation for the good of the people and thereby bringing goodwill to the people of Georgia; and
WHEREAS, the Advisory Board of said Foundation consists of prominent Georgians for the most part, and other prominent citizens in the sister states.
NOW, THEREFORE, BE IT RESOLVED by the House of Repre sentatives, the Senate concurring, that the founders of the Trinity Church Plant Foundation be commended for their efforts as above set out, and that they be urged and requested to continue their excellent work on behalf of the churches in Georgia and throughout the country.
BE IT FURTHER RESOLVED that the Clerk of the House send a copy of this Resolution to the Trinity Church Plan Foundation.
The following Resolution of the House was read and referred to the com mittee on State of Republic:
HR 411. By Mr. Hawkins of Screven:
A RESOLUTION
CREATING AN INSURANCE STUDY COMMITTEE TO STUDY QUESTIONS RELATING TO INCREASE IN INSURANCE RATES.
WHEREAS, the business of insurance is a major factor in the economy of the people of this State and of the Nation; and
WHEREAS, the increase in losses by fire and casualty insurance companies is a matter of grave concern to the Insurance Department of the State of Georgia and to the public at large in that such increase in losses must be reflected in the premiums charged; and
THURSDAY, FEBRUARY 6, 1958
495
WHEREAS, the people of Georgia need to be enlightened as to ways and means of curtailing this inflationary trend in the cost of insurance:
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is hereby created a study com mittee of eight members to study ways and means of controlling the rise in cost of insurance in Georgia and to advise with the Insurance Commissioner on matters relating thereto, said committee to be as follows:
(a) Three members from the Senate; and (b) Five members from the House of Representatives.
The members of said committee from the Senate shall be named by the Lieutenant-Governor, and the members from the House of Repre sentatives shall be named by the Speaker of the House.
The Committee shall select its own Chairman.
The Chairman is authorized to call the committee in session from time to time as he deems necessary; provided, however, the Chairman shall not call the commission in session in excess of a total of fifteen working days. The Lieutenant-Governor and the Speaker of the House, by concurrent action, may extend the life of the committee for a period not to exceed fifteen additional days, if necessary.
The members of the committee from the General Assembly shall receive the compensation, per diem, expenses and allowances authorized for members of Interim Legislative Committees.
The Attorney General shall act as legal adviser to the committee.
The committee shall have power to hold hearings, to examine witnesses under oath, to subpoena witnesses and records and such other powers as are necessary to carry out the purposes of this Resolution.
Mr. Hawkins of Screven moved that the House do now adjourn until 10:00 o'clock, a.m., Monday Morning, February 10, 1958, and the motion prevailed.
The Speaker announced the House adjourned until 10:00 o'clock Monday morning.
496
JOURNAL OF THE HOUSE,
Representative Hall, Atlanta, Georgia. Monday, February 10, 1958.
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 Fred Martin, Pastor of the Ellaville Baptist Church, Ellaville, Georgia.
The roll was called and the following members answered to their names:
Adams Alien Bagby Ballard Barber Barrett Baughman Birdsong Black Blalock of Coweta Blalock of Clayton Bodenhamer Boggs Brackin Bradley Brennan Brooks of Oglethorpe Brooks of Fulton Broome Budd Busbee Cagle Caldwell Callier A. Campbell of
Walker W. Campbell of
Walker Carlisle Carr Carswell Carter Chastain Cheatham Cheek Cloud Coalson Cocke Cowart Craven Crummey Dorminy Duncan Echols
Elder Ellis Fellows Floyd Flynt Fowler of Douglas. Fowler of Treutlen. Frazier Freeman Fuqua Gowen Green of Rabun Greene of Bartow Grimsley Gross of Stephens Gross of Bade Hall of Lee Hardaway Harper Harrison Henderson Hill Hodges of Ware Hodges of Butts Hogan Holloway Huddleston Hurst Ingle Jessup Johnson Jones of Wayne Jones of Worth Jones of Baker Jones of Laurens Jones of Sumter Jones of Crawford Kelley Kennedy Key Killian Kimmons King Lam
Lancaster Lanier Larkins Lee Lindsey Lokey Long Lott Love Mackay Mann Martin Matthews Miles Miller of Twiggs Miller of Elbert Mobley Moorman Morris Moss Mull Murphy Murr Musgrove McCracken McGibony McKenna McWhorter Neese Newton Nichols Nilan Orr Overby Palmer Parker of Pike Parker of Ware Parker of Appling Payton Pelham Perkins Perry Peters Pettey
MONDAY, FEBRUARY 10, 1958
497
Phillips of Columbia Phillips of Walton Pickard Pickett Ramsey Raulerson Roberts Rodgers of Charlton Rogers of Heard Ross Rowland Russell Rutland Short Singer Sivell
Smith of Forsyth Smith of Lamar Smith of Fulton Smith of Whitfield Smith of Bryan Souter Stephens Story Summers Tabb Tamplin Tarpley Taylor Todd Truelove Twitty
Underwood Veal Walker of Lowndes Walker of Telfair Watson Weems Wells White Wilson Winkle Wooten Wright of Dodge Yandle Young
Mr. Black of Webster, Chairman of the committee on Auditing, Enrolling & Engrossing, Journals, reported that the Journal of last Thursday's proceed ings 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. 2. First reading and reference of House Bill and Resolutions. 3. Reports of standing committees.
4. Second reading of Bills and Resolutions. 5. Third reading and passage of local Bills and general Bills with local
application. 6. First reading and reference of Senate Bills and Resolutions.
By unanimous consent, the following Bills and Resolutions of the House were read the first time and referred to the committees:
HB 1007. By Messrs. Hodges and Parker of Ware:
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 in Ware County; and for other purposes.
Referred to the Committee on Local Affairs.
HB 1008. By Messrs. Hodges and Parker of Ware:
A Bill to be entitled an Act amending the charter of the City of Waycross, providing for the use of voting machines for casting,
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JOURNAL OF THE HOUSE,
registering, recording and computing ballots or votes in all elections in the City of Waycross; and for other purposes.
Referred to the Committee on Local Affairs.
HB 1009. By Messrs. Holloway and Busbee of Dougherty:
A Bill to be entitled an Act to amend the Act creating and establishing a new charter for the City of Albany, by revising and changing the geographical limits of the wards; and for other purposes.
Referred to the Committee on Local Affairs.
HB 1010. By Mr. Bolton of Spalding:
A Bill to be entitled an Act to amend an Act creating the charter of the City of Griffin, so as to extend the city and corporate limits; and for other purposes.
Referred to the Committee on Local Affairs.
HB 1011. By Messrs. Stephens and Matthews of Clarke:
A Bill to be entitled an Act to amend an Act authorizing and directing the State Librarian to deliver to the library of the University of Georgia School of Law certain documents and providing for the use of this material; and for other purposes.
Referred to the Committee on Special Judiciary.
HB 1012. By Messrs. Busbee and Holloway of Dougherty:
A Bill to be entitled an Act to amend an Act creating and establishing a new charter for the City of Albany, defining the corporate limits; and for other purposes.
Referred to the Committee on Local Affairs.
HB. 1013. By Mr. Ballard of Newton:
A Bill to be entitled an Act to amend the charter of the City of Covington; and for other purposes.
Referred to the Committee on Local Affairs.
HB 1014. By Mr. Coalson of Polk:
A Bill to be entitled an Act to repeal an Act incorporating the Town of Van Wert, Paulding County, now Polk County; and for other purposes.
Referred to the Committee on Local Affairs.
HB 1015. By Mr. Coalson of Polk:
A Bill to be entitled an Act to provide that the term of office of mem bers of the County Board of Tax Assessors in certain counties, shall be one year; and for other purposes.
Referred to the Committee on Local Affairs.
MONDAY, FEBRUARY 10, 1958
499
HB 1016. By Messrs. Brooks and McClelland of Fulton:
A Bill to be entitled an Act to amend an Act providing that in coun ties having a population of more than 150,000, pensions shall be fur nished to officers and employees of such cities; and for other purposes.
Referred to the Committee on Local Affairs.
HB 1017. By Messrs. Birdsong and Lam of Troup:
A Bill to be entitled an Act to create a new judicial circuit for the State of Georgia to be known as the Troup Judicial Circuit to be composed of the County of Troup; and for other purposes.
Referred to the Committee on Special Judiciary.
HB 1018. By Messrs. Birdsong and Lam of Troup:
A Bill to be entitled an Act to amend an Act supplementing the salary of the Judge of the Superior Court of the Coweta Judicial Circuit, so as to delete therefrom the supplement payable by Troup County; and for other purposes.
Referred to the Committee on Local Affairs.
HB 1019. By Messrs. Birdsong and Lam of Troup:
A Bill to be entitled an Act to amend an Act placing the Solicitor of the Coweta Judicial Circuit on a salary basis and abolishing the fee system in said Judicial Circuit; and for other purposes.
Referred to the Committee on Local Affairs.
HB 1020. By Messrs. Mackay, McWhorter and Rutland of DeKalb, Nilan of Muscogee, McKenna and Wilson of Bibb, Brooks, McClelland and Smith of Fulton, Pickard and Young of Muscogee and Reed of Cobb:
A Bill to be entitled an Act to amend an Act by providing that each county shall have in addition to two units for each representatives to which such county is entitled in the lower House of the General Assembly one unit vote for each twenty thousand population and one unit vote for each major fraction of twenty thousand population; and for other purposes.
Referred to the Committee on State of Republic.
HB 1021. By Mr. Twitty of Mitchell:
A Bill to be entitled an Act to amend an Act pertaining to permits for extra size or weight vehicles, so as to provide that such permits shall be issued by the Public Service Commission of Georgia; and for other purposes.
Referred to the Committee on Motor Vehicle.
HB 1022. By Messrs. Cheatham, Eyler and Brennan of Chatham: A Bill to be entitled an Act to amend the Charter of the Town of Garden City, by extending the corporate limits; and for other purposes.
Referred to the Committee on Local Affairs.
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JOURNAL OF THE HOUSE,
HB 1023. By Messrs. McClelland, M. Smith and Brooks of Fulton:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of East Point; and for other purposes.
Referred to the Committee on Local Affairs.
HB 1024. By Messrs. McClelland, M. Smith and Brooks of Fulton:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of College Park, to prescribe its limits; and for other purposes.
Referred to the Committee on Local Affairs.
HB 1025. By Mr. Broome of Bacon:
A Bill to be entitled an Act to provide for the procedure relative to the time for holding county primaries in Bacon County; and for other purposes.
Referred to the Committee on Local Affairs.
HB 1026. By Mr. Key of Jasper:
A Bill to be entitled an Act to amend an Act incorporating the City of Monticello, so as to increase the corporate limits of said city; and for other purposes.
Referred to the Committee on Local Affairs.
HB 1027. By Mr. Key of Jasper:
A Bill to be entitled an Act to amend an Act fixing the compensation of the County Treasurer of Jasper County; and for other purposes.
Referred to the Committee on Local Affairs.
HR 412-1027a. By Messrs. Love of Catoosa, Picket of Polk and Wm. Campbell of Walker:
A Resolution proposing an amendment to the Constitution so as to change the provisions relating to the terms of members of the General Assembly; to change provisions relating to the compensation of such members; and for other purposes.
Referred to the Committee on State of Republic.
HB 1028. By Messrs. McKenna and Carlisle of Bibb:
A Bill to be entitled an Act to provide a penalty for the failure of any person to surrender himself after having forfeited bail given by such person for appearance before a court; and for other purposes.
Referred to the Committee on Judiciary.
By unanimous consent, the following Bill of the House was withdrawn from the Committee on Ways and Means, read the second time and recom mitted :
MONDAY, FEBRUARY 10, 1958
501
HB 46. By Messrs. Brooks, Smith and McClelland, Blalock of Coweta and others:
A Bill to be entitled an Act to amend an Act relating to income taxes; and for other purposes.
Under the provisions of HR 371, the Speaker appointed as a Committee of Escort on the part of the House, the following members:
Messrs. Veal of Putnam, Miller of Elbert, Smith of Bryan.
The following report of the Committee on Rules was read and adopted::
Mr. Speaker:
Your Committee on Rules has had under consideration the fixing of a calendar for today's business, Monday, February 10, 1958 and submits the following:
HB 792.
Civil Defense Advisory Council
HB 793.
Seat of Government, Temporary
HB 794.
Civil Defense Act, amend
HR 271-687b. Busts, signers Constitution
HR 280-702b. Robert K. Price Co., compensate
HB 671.
Bridge Building Authority
HB 773.
Credit Unions, State Departments
HB 779.
Trade Marks
HB 857.
"Help Wanted" Advertisements
HB 240.
Georgia Food Act
HB 775.
Livestock Disease Control Board.
HR 347-827e. Lumpkin County; hardship cases
HB 799.
Newspaper libel
HB 892.
Mentally Retarded Children
HB 695.
Selection, grand jurors
When this Calendar has been exhausted, the Speaker may in his discretion call up any bill on the General Calendar.
Respectfully submitted : Colbert Hawkins
Vice Chairman, Rules Committee
By unanimous consent, the following committee report was submitted and read:
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JOURNAL OF THE HOUSE,
Mr. Overby of Hall County, Chairman of the Committee on State of Republic, submitted the following report:
Mr. Speaker:
Your Committee on State of Republic has had under consideration the following Resolution of the House and has instructed me as Chairman, to report the same back to the House with the following recommendation:
HR 405-1005b. Do Pass.
Respectfully submitted,
Overby of Hall,
Chairman.
By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time:
HB 972. By Mr. Black of Webster:
A Bill to be entitled an Act to provide for an expense allowance for the Commissioner of Roads and Revenues in certain counties; and for other purposes.
HB 973. By Messrs. Musgrove of Clinch, Smith of Emanuel and Cloud of Decatur:
A Bill to be entitled an Act to repeal an Act to authorize the State or any county, municipality, corporation, or other political subdivision thereof to sell, lease, grant, or 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 public use for recreational or other park purposes; and for other purposes.
HB 974. By Messrs. McKenna, Wilson and Carlisle of Bibb:
A Bill to be entitled an Act to amend an Act relating to the charter of the City of Macon; and for other purposes.
HB 975. By Mr. Kidd of Baldwin:
A Bill to be entitled an Act to amend an Act establishing an Em ployees Retirement System, so as to provide that service by any member of the Uniform Division of the Department of Public Safety with any United States Government agency or the Atomic Energy Commission shall be denied creditable service towards retirement; and for other purposes.
HB 976. By Mr. Overby of Hall:
A Bill to be entitled an Act to amend an Act relating to the punish ment for receiving stolen goods when the principal cannot be taken, so as to include juveniles within the meaning of said section; and for other purposes.
MONDAY, FEBRUARY 10, 1958
503
HB 977. By Mr. Kidd of Baldwin:
A Bill to be entitled an Act to amend an Act creating a Board of County Commissioners for Baldwin County; and for other purposes.
HB 978. By Mr. Nichols of Towns:
A Bill to be entitled an Act to supplement the salary of the Sheriff in certain counties; and for other purposes.
HB 979. By Mr. Kidd of Baldwin:
A Bill to be entitled an Act to amend an Act creating a Board of County Commissioners of Roads and Revenues for Baldwin County, so as to prohibit the employment of county police by the county com missioners of Baldwin County except upon the recommendation of two successive grand juries; and for other purposes.
HB 980. By Mr. Overby of Hall:
A Bill to be entitled an Act to amend an Act relating to fees for criminal bonds, so as to change the fees which may be charged for such bonds; and for other purposes.
HB 981. By Mr. Carr of Dooly:
A Bill to be entitled an Act to authorize the governing authority of Dooly County to pay a certain sum to the Sheriff of said County for contingent expenses; and for other purposes.
HB 982. By Messrs. Willis and Chastain of Thomas:
A Bill to be entitled an Act to amend an Act incorporating the City of Coolidge; and for other purposes.
HB 983. By Mr. Jessup of Bleckley:
A Bill to be entitled an Act to change the compensation of the Direc tor of the Department of State Parks; and for other purposes.
HB 984. By Messrs. Twitty of Mitchell and Hogan of Laurens:
A Bill to be entitled an Act to amend an Act relating to the venue of suits against insurance companies and relating to suit on the bond of a sheriff, or other arresting or law enforcement officer; and for other purposes.
HB 985. By Messrs. Busbee and Holloway of Dougherty:
A Bill to be entitled an Act to amend an Act establishing the City Court of Albany, so as to change the compensation of the Judge; and for other purposes.
HB 986. By Messrs. Lanier of Candler, Tamplin of Morgan, McCracken of Jef ferson, Fowler of Douglas and Fordham of Bulloch:
A Bill to be entitled an Act to amend an Act creating the Milk Con-
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trol Commission and defining its powers, duties, membership and regulating the sale of milk; and for other purposes.
HB 987. By Messrs. Wright, Hall and Scoggin of Floyd:
A Bill to be entitled an Act to create a procedure for the State Reve nue Commissioner to regulate and govern the issuance and revocation of certificates of title to certain motor vehicles; and for other pur poses.
HB 988. By Messrs. Brooks of Oglethorpe and Souter of Macon:
A Bill to be entitled an Act to amend an Act relating to the offense of assisting prisoners in escaping from jail, so as to extend the scope of said Section to include public works camps, highway prison camps, state prisons or other places of confinement operated under the jurisdiction of the State Board of Corrections; and for other pur poses.
HB 989. By Messrs. Willingham, Reed and Holcombe of Cobb:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Kennesaw; and for other purposes.
HB 990. By Messrs. Carlisle and McKenna of Bibb:
A Bill to be entitled an Act to amend an Act pertaining to answers to writs of garnishment and traverse thereof, so as to provide for service of answers upon the plaintiff or his attorney in garnishment cases; and for other purposes.
HB 991. By Messrs. Carlisle and McKenna of Bibb:
A Bill to be entitled an Act to amend an Act relating to writs of garnishment and how they are obtained and served, so as to provide for service of writs where a partnership is garnishee; and for other purposes.
HB 992. By Mr. Yandle of Toombs:
A Bill to be entitled an Act to amend an Act revising and consolidat ing the laws relating to the State Game and Fish Commission, by changing the provisions relating to the sale of game fish; and for other purposes.
HB 993. By Mr. Barrett of Cherokee:
A Bill to be entitled an Act to amend an Act creating the office of Tax Commissioner of Cheroke County; and for other purposes.
HB 994. By Mr. Barrett of Cherokee:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Canton; and for other purposes.
MONDAY, FEBRUARY 10, 195&
505
HB 995. By Messrs. Reed, Holcombe and Willingham of Cobb:
A Bill to be entitled an Act to amend an Act providing for the regu lation of the installation of warm air heating equipment in certain counties; and for other purposes.
HB 996. By Mr. Barrett of Cherokee:
A Bill to be entitled an Act to amend an Act incorporating the City of Canton, so as to increase the corporate limits of said City; and for other purposes.
HB 997. By Messrs. Singer of Stewart and Wilson of Bibb:
A Bill to be entitled an Act to amend an Act relating to the effect of a failure to record a mortgage, so as to provide that a mortgage not recorded within the time required shall remain valid as against the mortgagor, but is postponed as to all other liens created or obtained, or purchases made prior to the actual record of the mortgage; and for other purposes.
HB 998. By Messrs. Singer of Stewart and Wilson of Bibb:
A Bill to be entitled an Act to amend an Act relating to the laws governing the recording of conditional bills of sale; and for other purposes.
HB 999. By Messrs. Singer of Stewart and Wilson of Bibb:
A Bill to be entitled an Act to amend an Act relating to the recording and effect of a failure to record a deed to secure debt, so as to provide where such deeds shall be recorded; and for other purposes.
HB 1000. By Mr. McClelland of Fulton: A Bill to be entitled an Act to amend an Act so as to provide a method for refunding overpayment of taxes; and for other purposes.
HB 1001. By Messrs. Lee 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; to prescribe its limits; and for other purposes.
HB 1002. By Messrs. Lee 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, to prescribe its limits; and for other purposes.
HB 1003. By Messrs. Lee 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; to prescribe its limits; and for other purposes.
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HB 1004. By Messrs. Wilson Brooks and Ralph McClelland of Fulton:
A Bill to be entitled an Act to provide for the fixing of support to be paid by the Father of minor children where a final divorce decree contains no provisions governing the same and custody of such chil dren is awarded to a third party or to the Mother subsequently to the divorce decrees.
HB 1005. By Mr. Odom of Camden:
A Bill to be entitled an Act to provide that all arrests for violations of the traffic laws of this State must be made by agents of the De partment of Public Safety; to provide that no local law enforcement officers shall authority to make such arrests; and for other purposes.
HR 404-1005a. By Mr. Twitty of Mitchell:
A Resolution to adopt as a part of the Official Code of the State of Georgia the statutory portions of the text of the Code of Georgia Annotated; and for other purposes.
HR 406-1005c. By Mr. Helms of Atkinson:
A Resolution proposing an amendment to the Constitution so as to abolish the elective office of County School Superintendent of Atkin son County; and for other purposes.
HR 407-1005d. By Mr. Kidd of Baldwin:
A Resolution authorizing the Governor to sell certain surplus property located in Baldwin County, Georgia; and for other purposes.
HR 408-1005e. By Dr. Miller of Elbert: A Resolution to compensate James W. Ray; and for other purposes.
HR 409-1005f. By Messrs. Bodenhamer and Morris of Tift:
A Resolution authorizing the Governor to sell certain land in Habersham County; and for other purposes.
HB 1106. By Mr. Bodenhamer of Tift: A Bill to be entitled an Act to repeal an Act entitled "An Act to provide for the compulsory school attendance of all children within the State of Georgia between their seventh and sixteenth birthdays"; and for other purposes.
SB 180. By Senator Sanders of the 18th:
A Bill to be entitled an Act to amend the corporation Act of 1938, so as to provide that all meetings of incorporators shall be held within the State of Georgia; and for other purposes.
SB 186. By Senators Wright of the 24th, Hawes of the 30th, Jackson of the 21st and others: A Bill to be entitled an Act creating the office of Solicitor General
MONDAY, FEBRUARY 10, 1958
507
Emeritus and the Solicitors General Retirement Fund of Georgia so as to increase the retirement benefits; and for other purposes.
SB 188. By Senators Brown of the 52nd and Sammon of the 34th:
A Bill to be entitled an Act to amend an Act creating the Department of Public Safety so as to prohibit the operating of a motor driven cycle as defined, by anyone who is under the age of 16; and for other purposes.
SB 222. By Senators Sanders of the 18th and Cox of the 50th:
A Bill to be entitled an Act to amend an Act relating to real estate brokers and salesmen, so as to authorize the use of injunctions by the Real Estate Commission; and for other purposes.
SB 196. By Senators Hawes of the 30th, Trotter of the 37th, Mallory of the 25th and Foster of the 26th:
A Bill to be entitled an Act to amend the Act providing for the regis tration of motor vehicles and the issuance of motor vehicle license plates by the tax collectors or tax commissioners of various counties; and for other purposes.
SB 235. By Senator Cook of the 42nd:
A Bill to be entitled an Act to amend an Act providing for the filing of a brief of evidence or stenographic report on motions for new trials; and for other purposes.
SB 241. By Senator Foster of the 26th:
A Bill to be entitled an Act to provide for issuance by State Revenue Commissioner of special license plates for antique automobiles; and for other purposes.
SB 243. By Senators Howell of the 9th, Garrett of the 53rd, Foster of the 26th, Young of the 45th, Hill of the 54th and Bentley of the 39th:
A Bill to be entitled an Act to amend an Act known as the "Agricul tural Commodities Authority Act", so as to levy a charge on certain agricultural commodities grown and sold in Georgia; and for other purposes.
SB 238. By Senators Trotter of the 37th, Hill of the 54th and Crawford of the 1st:
A Bill to be entitled an Act to amend an Act which provided for the coverage of certain officers and employees of the State under the Old Age and Survivors Insurance Provisions; and for other purposes.
SB 244. By Senator Foster of the 26th:
A Bill to be entitled an Act to amend an Act placing the Coroner of Clayton County on a salary basis rather than a fee basis so as to increase the compensation of the Coroner; and for other purposes.
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SB 245. By Senator Stafford of the 47th:
A Bill to be entitled an Act to amend the charter of the City of Tifton, so as to authorize said city to construct, maintain, own and operate a gas system for the purpose of supplying gas; and for other purposes.
SB 246. By Senator Hill of the 54th:
A Bill to be entitled an Act to amend an Act incorporating the City of Cobbtown; and for other purposes.
SB 247. By Senator Pelham of the 7th:
A Bill to be entitled an Act creating a Small Claims Court in certain counties; and for other purposes.
SB 251. By Senator Ellard of the 31st:
A Bill to be entitled an Act to amend the Act incorporating the town of Cornelia; and for other purposes.
By unanimous consent, the following Resolution of the House, favorably reported, was read the second time:
HR 405-1005b. By Messrs. Moate of Hancock, Hawkins of Screven, Kidd of Baldwin and others:
A Resolution to authorize the conveyance of certain land in Baldwin County; and for other purposes.
By unanimous consent, the following Bills and Resolutions of the House and Senate were taken up for consideration and read the third time:
HB 865. By Messrs. Smith, McClelland and Brooks 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 148, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 873. By Messrs. Lindsey and Bolton of Spalding, Huddleston of Fayette, and Echols of Upson:
A Bill to be entitled an Act to amend an Act providing a salary for the official court reporter of the Griffin Judicial Circuit; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
MONDAY, FEBRUARY 10, 1958
509
On the passage of the Bill, the ayes were 148, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HR 359-874d. By Messrs. McClelland, Brooks and Smith of Fulton:
A RESOLUTION
Proposing an amendment to the Constitution of this State to authorize the governing authority of the City of East Point in the County of Fulton to appropriate and expend or cause public funds of said City, raised by taxation or otherwise, to be expended in such amounts as said governing authority may determine is prudent and advisable in advertising and public relations to cause commerce and industry to locate and remain in said City; to provide for the submis sion of this amendment for ratification; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA THAT:
SECTION 1
Article VII, Section V, Paragraph I of the Constitution of Georgia relating to taxing power of municipal corporations be and the same is hereby amended by adding a new paragraph to said Section reading as follows:
"Provided that the governing authority of the City of East Point in the County of Fulton is hereby authorized and empowered to appropriate and expend or cause public funds of said City, raised by taxation or otherwise, to be expended in such amounts as said governing authority may determine is prudent and advisable in adver tising and public relations to cause commerce and industry to locate and remain in said City."
SECTION 2
When this resolution shall have been agreed to by two-thirds of the members elected to both houses of the General Assembly of Geor gia, the same shall be entered on their journals with the yeas and nays taken thereon and shall be submitted to the people for ratifica tion or rejection at the next general election for members of the Georgia 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 amendment to Article VII, Section V, Paragraph I of 1945 Constitution of Georgia, authorizing the governing authority of the City of East Point to appropriate and spend public funds to cause commerce and industry to locate and remain in said City." Those desiring to vote against the ratification of said amendment shall have written or printed on their ballots the words, "Against ratification of amendment to Article VII, Section V, Paragraph I of 1945 Constitution of Georgia, authorizing the governing authority of the City of East Point to appropriate and spend public funds to cause commerce and industry to locate and remain in said City."
SECTION 3
This amendment shall be published before said general election as now provided by law. If at said general election a majority of
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the qualified votes 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.
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 Bagby Ballard Barber Barrett Baughman Black Blalock of Coweta Blalock of Clayton Bodenhamer Brackin Brennan Brooks of Fulton Broome Budd Busbee Caldwell A. Campbell of
Walker W. Campbell of
Walker Carlisle Carter Chastain Cheatham Cheek Coalson Cocke Cowart Craven Crummey Denmark Dorminy Echols Elder Fellows Fowler of Douglas Frazier Fuqua Green of Rabun Greene of Bartow
Grimsley Gross of Stephens Gross of Dade Gunter Hall of Lee Hardaway Harper Harrison Hawkins Henderson Hodges of Ware Holcombe Holloway Huddleston Hurst Ingle Irvin Jessup Johnson Jones of Wayne Jones of Baker Jones of Crawford Kelley Kennedy Killian Kimmons King Lam Lancaster Lanier Larkins Lee Lindsey Lokey Long Lott Mackay Mann Matthews Miles Miller of Twiggs
Mobley Moorman Morris Moss Murphy Murr McClelland McCracken McGibony McKenna Neese Newton Nichols Nilan Overby Palmer Parker of Appling Payton Pelham Perkins Peters Pettey Phillips of Walton Pickard Pickett Raulerson Reed Rodgers of Charlton Rogers of Heard Rowland Rutland Sheffield Short Singer Sivell Smith of Forsyth Smith of Emanuel Smith of Fulton Smith of Whitfield Smith of Bryan Souter
MONDAY, FEBRUARY 10, 1958
511
Story Summers Tabb Tamplin Tarpley Taylor ' Todd Truelove
Twitty Underwood Veal Walker of Lowndes Watson Weems Wells White
Willingham Willis Wilson Winkle Wooten Wright of Dodge Yandle 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.
HR 360-874b. By Messrs. Brooks, McClelland and Smith of Fulton:
A RESOLUTION
Proposing an amendment to the Constitution of this State so as to authorize the City of East Point in the County of Fulton to issue and sell revenue anticipation obligations subject to and in accordance with the terms and provisions of the Act of the General Assembly approved March 31, 1937, known as the "Revenue Certificate Law of 1937" as amended, and as the same may be hereafter amended, to pro vide funds for the purchase of lands and the construction and estab lishment thereon of off-street automobile parking lots and facilities, and to authorize said City of East Point to equip, maintain and operate such parking lots and facilities; to provide for the submission of this amendment for ratification; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1
Article VII, Section VII, Paragraph V of the Constitution of Georgia relating to issuance of revenue anticipation obligations be and the same is hereby amended by adding at the end thereof an addi tional sub-paragraph reading as follows:
"Provided that the City of East Point in the County of Fulton, shall have power and authority to issue and sell revenue anticipation obligations subject to and in accordance with the terms and provisions of the Act of the General Assembly approved March 31, 1937, known as the "Revenue Certificate Laws of 1937" as heretofore amended and as the same may hereafter be amended, to provide funds for the purchase of lands and the construction and establishment thereon of off-street automobile parking lots and facilities, and said City shall have power and authority to equip, maintain and operate such parking lots and facilities; and to use funds appropriated in 1956 for such purposes, said appropriation being hereby validated and ratified."
SECTION 2
When this resolution shall have been agreed to by two-thirds of the members elected to both houses 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
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JOURNAL OF THE HOUSE,
rejection at the next general election for members of the Georgia 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 amendment to Article VII, Section VII, Paragraph V of 1945 Constitution of Georgia, authorizing the City of East Point to establish and operate off-street parking facilities." Those desiring to vote against the rati fication of said amendment shall have written or printed on their ballots the words, "Against ratification of amendment to Article VII, Section VII, Paragraph V of 1945 Constitution of Georgia, authorizing the City of East Point to establish and operate off-street parking facilities."
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 Geor gia 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.
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 Bagby Ballard Barber Barrett Baughman Black Blalock of Coweta Blalock of Clayton Bodenhamer Brackin Brennan Brooks of Fulton Broome Budd Busbee Caldwell A. Campbell of
Walker W. Campbell of
Walker Carlisle Carter Chastain Cheatham
Cheek Coalson Cocke Cowart Craven Crummey Denmark Dorminy Echols Elder Fellows Fowler of Douglas Frazier Fuqua Green of Rabun Greene of Bartow Grimsley Gross of Stephens Gross of Dade Gunter Hall of Lee Hardaway Harper Harrison Hawkins
Henderson Hodges of Ware Holcombe Holloway Huddleston Hurst Ingle Irvin Jessup Johnson Jones of Wayne Jones of Baker Jones of Crawford Kelley Kennedy Killian Kimmons King Lam Lancaster Lanier Larkins Lee Lindsey Lokey
MONDAY, FEBRUARY 10, 1958
513
Long Lott Maekay Mann Matthews Miles Miller of Twiggs Mobley Moorman Morris
Moss Murphy Murr McClelland McCracken McGibony McKenna Neese Newton Nichols Nilan Overby Palmer Parker of Appling
Payton Pelham Perkins Peters Pettey Phillips of Walton Pickard Pickett Raulerson Reed
Rodgers of Charlton Rogers of Heard Rowland Rutland Sheffield Short Singer Sivell Smith of Forsyth Smith of Emanuel Smith of Pulton Smith of Whitfield Smith of Bryan Souter
Story Summers Tabb Tamplin Tarpley Taylor Todd Truelove Twitty Underwood
Veal Walker of Lowndes Watson Weems Wells White Willingham Willis Wilson Winkle Wooten Wright of Dodge Yandle Young
On the adoption of the Resolut ; on, the ayes were 148, nays 0.
The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.
HR 362-874d. By Mr. Fowler of Douglas:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide for the issuance of bonds for road purposes in Douglas County not to exceed ten per cent of the assessed value of the taxable property in Douglas 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 GEOR GIA:
SECTION 1
Article VII, Section VII, Paragraph I of the Constitution, relat ing to the limitation on certain debts, is hereby amended by adding at the end thereof the following:
"Notwithstanding the seven per cent limitation herein provided bonds may be issued for road purposes in Douglas County not to exceed ten per cent of the assessed value of all the taxable property in Douglas 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
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the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as pro vided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
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 issuance of bonds for road purposes in Douglas County not to exceed ten per cent of the assessed value of the taxable property in Douglas County."
"Against ratification of amendment to the Constitution so as to provide for the issuance of bonds for road purposes in Douglas County not to exceed ten per cent of the assessed value of the taxable property in Douglas 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 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 call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Bagby Ballard Barber
Barrett Baughman Black Blalock of Coweta Blalock of Clayton Bodenhamer
Brackin Brennan Brooks of Fulton Broome Budd Busbee Caldwell
A. Campbell of Walker
W. Campbell of Walker
Carlisle Carter Chastain Cheatham Cheek Coalson
Cocke Cowart Craven Crummey Denmark Dorminy Echols
Elder Fellows Fowler of Douglas Frazier
Fuqua Green of Rabun Grene of Bartow Grimsley Gross of Stephens Gross of Dade
Gunter Hall of Lee Hardaway Harper Harrison Hawkins Henderson
MONDAY, FEBRUARY 10, 1958
515
Hodges of Ware Holcombe Holloway Huddleston Hurst Ingle Irvin Jessup Johnson Jones of Wayne Jones of Baker Jones of Crawford Kelley Kennedy Killian Kimmons King Lam Lancaster Lanier Larkins Lee Lindsey Lokey Long Lott Mackay Mann Matthews Miles Miller of Twiggs Mobley
Moorman Morris Moss Murphy Murr McClelland McCracken McGibony McKenna Neese Newton Nichols Nilan Overby Palmer Parker of Appling Payton Pelham Perkins Peters Pettey Phillips of Walton Pickard Pickett Raulerson Reed Rodgers of Charlton Rogers of Heard Rowland Rutland Sheffield Short
Singer Sivell Smith of Forsyth Smith of Emanuel Smith of Fulton Smith of Whitfield Smith of Bryan Souter Story Summers Tabb Tamplin Tarpley Taylor Todd Truelove Twitty Underwood Veal Walker of Lowndes Watson Weems Wells White Willingham Willis Wilson Winkle Wooten Wright of Dodge Yandle 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.
HR 363-874e. By Messrs. Carlisle, McKenna, and Wilson of Bibb:
A RESOLUTION
Proposing an amendment to the Constitution of the State of Georgia to be known and designated as Paragraph X of Section 1 of Article XI of the Constitution of the State of Georgia, authorizing the General Assembly of Georgia by legislation subject to referenda to create and to abolish municipal or county or combined governments, governing authorities and public agencies within the limits of Bibb County; to transfer or combine and consolidate governments and/or functions of government within the limits of Bibb Conuty; to make such other provisions relative thereto as may be necessary or desirable for the effectuation of these purposes; to provide for the submission of this amendment for ratification or rejection; and for other pur poses.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA, and it is hereby resolved by authority of the same as follows:
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SECTION 1
The Constitution of the State of Georgia is hereby amended by adding thereto a new paragraph to be known as Paragraph X of Section 1 of Article XI, and which shall read as follows:
The General Assembly shall have power, by legislation, to create, designate and name other and different municipal, county or com bined governments, governing authorities, political subdivisions, public agencies, courts, offices, officers, boards and bureaus within the limits of Bibb County; to abolish municipal, county or combined governments, governing authorities, political subdivisions, public agencies, courts, offices, officers, boards and bureaus within the limits of Bibb County; and to transfer or combine and consolidate any or all of the several powers, authorities, duties, liabilities and functions vested in any municipal or county or combined government, governing authority, political subdivision, public agency, court, office, officer, board or bureau now or hereafter existing within the limits of Bibb County with those powers, authorities, duties, liabilities and functions vested in any other municipal or county or combined government, governing authority, political subdivision, public agency, court, office, officer, board or bureau now or hereafter existing within the limits of Bibb County; all subject only to such limitations as are within this Para graph provided.
To that end, and without limiting the generality of the foregoing, the General Assembly is authorized to:
1. Specify the respective methods of selection, terms, compensa tion, powers, authority, duties, liabilities and functions of the public officers of any such municipal or county or combined government, governing authority, political subdivision, public agency, court, office, board or bureau.
2. Vest in any such municipal or county or combined government, governing authority, political subdivision, public agency, court, office, officer, board or bureau created hereunder such powers as it shall deem proper, and, additionally to provide that any such governing authority, government or political subdivision shall have such rights, powers, duties and liabilities as are now or may hereafter be vested in municipalities or counties or both by the Constitution of Georgia or by other provisions of law.
3. Provide for the districting of the area of Bibb County or any political subdivision therein into such districts as it shall from time to time determine, authorize that the rate and manner of taxation imposed may vary as to persons and properties within any district, and in such way as to reasonably reflect the kind, character, amount and degree of governmental services afforded the several persons and properties within such district, and the rate and manner of taxat ; on may vary in any one district from that in another or other districts, and provide that the powers, authority, duties, liabilities and functions of any such government, governing authority, political subdivision or public agency may vary from district to district.
4. Specify the purposes for which any such government, governing authority, political subdivision or public agency created hereunder may levy taxes, and further to specify the debt limitations applicable to
MONDAY, FEBRUARY 10, 1958
517
any such government, governing authority, political subdivision or public agency.
5. Authorize the preservation of homestead and other exemptions from taxation now or hereafter specified in this Constitution.
6. Authorize the transfer of assets, contracts and franchises from any existing government, governing authority, political subdivisions or public agency within Bibb County to any appropriate successor.
7. Provide for the preservation of all existent civil service, pen sion and retirement rights, provide for the assumption of obligations including any bonded indebtedness outstanding against any existent government, governing authority, political subdivision or public agency within Bibb County by any appropriate successor, and prescribe how any successor government, governing authority, political subdivision or public agency shall assume the payment of any obligations under the Revenue Certificate Law.
8. Delegate all powers held by the General Assembly under this Paragraph to any government, governing authority, political sub division or public agency created by it hereunder insofar as the same may pertain to such government, governing authority, political sub division or public agency.
9. Enact such other legislation as the General Assembly shall deem proper relating to the government or administration of any political subdivision, public agency, court, office, officer, board or bureau now or hereafter located within the limits of Bibb County, subject only to the limitations herein expressed and irrespective of whether specifically mentioned herein.
Nothing herein contained shall be construed as authorizing the General Assembly to:
1. Abolish any State or County court, the office of Sheriff of Bibb County, or any of the offices of Bibb County now required to exist by other provisions of this Constitution.
2. Alter the status of the Board of Public Education and Orphan age for Bibb County, the Macon-Bibb County Board of Health, the Macon-Bibb County Planning and Zoning Commission, or any con stitutional provision by which any such named agency was authorized or preserved.
PROVIDED, HOWEVER, that neither of the foregoing two limita tions applicable to the designated courts, offices, officers, boards and commissions which are presently serving the entire area shall be con strued as prohibiting the General Assembly from adding to or increas ing the functions of the public offices, officers or agencies herein next above described, nor from exercising any legislative control with respect thereto which existed prior to the adoption of this Paragraph.
PROVIDED, FURTHER, that such relation as such office, offi cer or agency presently has with the governing authority of any municipality or county or both abolished under the authority hereof, it shall continue to have with such newly created appropriate suc cessor governing authority.
3. Enact any legislation under this authority without making the
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JOURNAL OF THE HOUSE,
effectiveness thereof contingent upon its approval by concurrent majorities of those qualified voters of such several area or areas, political subdivision or political subdivisions as may be directly af fected thereby voting at public referenda to be held as shall in such legislation be prescribed.
The powers herein granted to the General Assembly:
1. Are remedial and shall be liberally construed to effectuate their purpose.
2. May be exercised by it notwithstanding any other provision of this Constitution or of law.
3. Shall not be exhausted by their initial exercise, but may be exercised from time to time as said General Assembly may deter mine.
4. Are cumulative of all other powers now held by the General Assembly, and are not in lieu 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, such proposed amendment shall be published and submitted as pro vided in Paragraph I of Section I of Article XIII of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"For ratification of amendment to the Constitution so as to authorize the General Assembly by legislation subject to referenda to create and to abolish municipal, county or combined governments, governing authorities, and public agencies within Bibb County and to transfer or combine and consolidate such governments and functions of such governments."
"Against ratification of amendment to the Constitution so as to authorize the General Assembly by legislation subject to referenda to create and to abolish municipal, county or combined governments, governing authorities, and public agencies within Bibb County, and to transfer or combine and consolidate such governments and functions of such governments."
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 Paragraph I of Section I of Article XIII 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.
MONDAY, FEBRUARY 10, 1958
519
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 Bag-by Ballard Barber Barret Baughman Black Blalock of Coweta Blalock of Clayton Bodenhamer Brackin Brennan Brooks of Fulton Broome Budd Busbee Caldwell A. Campbell of
Walker W. Campbell of
Walker Carlisle Carter Chastain Cheatham Cheek Coalson Cocke Cowart Craven Crummey Denmark Dorminy Echols Elder Fellows Floyd Fowler of Douglas Frazier Fuqua Green of Rabun Greene of Bartow Grimsley Gross of Stephens Gross of Dade Gunter Hall of Lee
Hardaway Harper
Harrison Hawkins Henderson Hodges of Ware Holcombe Holloway Huddleston Hurst Ingle Irvin Jessup Johnson Jones of Wayne Jones of Baker Jones of Crawford Kelley Kennedy Killian Kimmons King Lam Lancaster Land Lanier Larkins Lee Lindsey Lokey Long Lott Mackay Mann Matthews Miles Miller of Twiggs Mobley Moorman Morris Moss Murphy Murr McClelland McCracken McGibony McKenna
Neese Newton Nichols Nilan Overby Palmer Parker of Appling Payton Pelham Perkins Peters Pettey Phillips of Walton Pickard Pickett Ramsey Ray Reed Rodgers of Charlton Rogers of Heard Rowland Rutland Sheffield Short Singer Sivell Smith of Forsyth Smith of Emanuel Smith of Fulton Smith of Whitfield Smith of Bryan Souter Story Summers Tabb Tamplin Tarpley Taylor Todd Truelove Twitty Underwood Veal Walker of Lowndes Watson Weems Wells
520
JOURNAL OF THE HOUSE,
White Willingham Willis
Wilson Winkle Wooten
Wright of Dodge Yandle 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.
HR 364-874f. By Mr. Jones of Wayne:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide for the election of the members of the board of education of Wayne County by the people; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OP GEOR GIA:
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 Wayne County shall be composed of six members, to be elected as hereinafter provided. For the purpose of electing such members, Wayne County is hereby divided into five education districts.
"Education District No. 1 shall be composed of militia district #333 (Gardi) and militia district #1313 (Mt. Pleasant).
"Education District No. 2 shall be composed of militia district #1519 (Madray Springs).
"Education District No. 3 shall be composed of militia district #583 (Odum).
"Education District No. 4 shall be composed of militia district #1217 (Screven) and militia district #1526 (Ritch).
"Education District No. 5 shall be composed of militia district #1255 (Jesup).
"The board of education of Wayne County shall be composed of one member from each of the education districts and one member from the county at large. Any person offering as a candidate to represent an education district on the board must be a resident of the district from which he offers. The sixth member may be elected from any school district in the county. All of the members of the board of edu cation shall be elected by the voters of the entire county. Any person offering as a candidate for the county board of education shall declare at the time he qualifies whether he is offering as a candidate to represent his education district or whether he is offering as a candi date as a member at large.
"In the event this amendment is ratified, it shall be the duty of
MONDAY, FEBRUARY 10, 1958
521
the ordinary of Wayne County to issue the call for an election, which call shall be issued at least thirty (30) days prior to the date of such election. The ordinary shall set the date for such election for a day between the 15th and 20th days of December, inclusive, in the year 1958. Such election shall be for the purpose of electing the first members of the board of education of Wayne 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 at least once preceding the date of the elec tion, in the official organ of Wayne County. The members elected at such election shall take office January 1, 1959. The members elected from education districts No. 1 and No. 2 shall serve for a term of two years and until their successors are elected and qualified. The members elected from education districts No. 3 and No. 4 shall serve for a term of four years and until their successors are elected and qualified. The members elected from education district No. 5 and from the county at large shall serve for a term of six years and until their successors are elected and qualified. All future members shall be elected for a term of six years and until their successors are elected and quali fied. All future elections shall be held on the same same as members of the General Assembly from Wayne County are elected, and the members elected shall take office on the first day of January imme diately following their election.
"At the first meeting in January, 1959 and at the first meeting in January each two years thereafter, the members of the board shall elect a chairman for the next two years thereafter. Any member of the board shall be eligible to succeed himself as chairman. In the event of a vacancy on the board for any reason other than the expira tion of a term of office, the remaining members of the board shall elect a person who shall serve for the unexpired term. In the event of a tie vote on the board, the County School Superintendent is hereby authorized to vote.
"In the event a person who represents an education district moves his residence from such district, a vacancy shall exist from such district.
"The board of education of Wayne County in effect at the time of the ratification of this amendment shall be abolished effective December 31, 1958, and the terms of all members of such board shall expire on such date.
"The Wayne County Board of Education as provided herein shall be subject to all constitutional provisions and all statutory provisions relative to county boards of education, unless such provisions are in conflict with the provisions of this amendment."
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, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
522
JOURNAL OF THE HOUSE,
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 election of members of the Board of Education of Wayne County by the people.
"Against ratification of amendment to the Constitution so as to provide for the election of members of the Board of Education of Wayne 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 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 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 Bagby Ballard
Barber Barrett Baughman
Black Blalock of Coweta Blalock of Clayton
Bodenhamer Brackin Brennan Brooks of Fulton
Broome Budd Busbee Caldwell A. Campbell of
Walker W. Campbell of
Walker
Carlisle Carter Chastain Cheatham
Cheek Coalson Cocke Cowart Craven Crummey Denmark Dorminy Echols Elder Fellows Floyd Fowler of Douglas Frazier Fuqua Green of Rabun Greene of Bartow Grimsley Gross of Stephens Gross of Dade Gunter Hall of Lee Hardaway Harper Harrison
Hawkins Henderson Hodges of Ware Holcombe Holloway Huddleston Hurst Ingle Irvin Jessup Johnson Jones of Wayne Jones of Baker Jones of Crawford Kelley Kennedy Killian Kimmons King Lam Lancaster Land Lanier Larkins Lee
MONDAY, FEBRUARY 10, 1958
523
Lindsey Lokey Long Lott Mackay Mann Matthews Miles
Miller of Twiggs Mobley Moorman Morris Moss Murphy Murr McClelland McCracken McGibony McKenna Neese Newton Nichols Nilan Overby Palmer
Parker of Appling Payton Pelham Perkins Peters Pettey Phillips of Walton Pickard
Pickett Ramsey Ray Reed Rodgers of Charlton Rogers of Heard Rowland Rutland Sheffield Short Singer Sivell Smith of Forsyth Smith of Emanuel Smith of Fulton Smith of Whitfield Smith of Bryan
Story Summers Tabb Tamplin Tarpley Taylor Todd Truelove
Twitty Underwood Veal Walker of Lowndes Watson Weems Wells White Willingham Willis Wilson Winkle Wooten Wright of Dodge Yandle 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.
HR 368-877a. By Mr. Kennedy of Turner:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide for the election of members of the Board of Education of Turner County by the people; to prescribe the procedures connected therewith; to provide for education 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 county boards of education is hereby amended by adding at the end thereof the following:
"The Board of Education of Turner County shall be composed of five members to be elected as hereinafter provided:
For the purpose of selecting such members, Turner County is hereby divided in five school districts. School District No. 1 shall be composed of Hobby, Davis and Coverdale Militia Districts; School Dis trict No. 2 shall be composed of Dakota and Amboy Militia Districts; School District No. 3 shall be composed of Rebecca and Clements
524
JOURNAL OF THE HOUSE,
Militia Districts; School District No. 4 shall be composed of Sycamore Militia District; and School District No. 5 shall be composed of the Ashburn Militia District. One member of the Board of Education shall be elected for each school district from the territory in such school dis trict, but the voters of the entire county shall vote for members in both the primary and general election.
"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 to represent a district unless he has been a resident of the district from which he offers as a candidate for at least one year immediately preceding the date of the election. In the event a member moves his residence from the district he represents, his place on the board shall immediately be vacant."
In the event this amendment is ratified, it shall be the duty of the Ordinary of Turner 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. The Ordinary shall set the date for such election for a day between the 16th and 20th days of December, inclusive, in the year 1958. Such election shall be for the purpose of electing the first mem bers of the Board of Education of Turner 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 at least once preceding the date of the election, in the official organ of Turner County. The members elected at such election shall take office January 1, 1959. Of those elected at said election the two receiving the highest and next highest number of votes, respectively, shall serve for a term of four years and until their successors are elected and qualified. The remaining three mem bers elected shall serve for a term of two years and until their suc cessors are elected and qualified. All future members shall serve for a term of four years and until their successors are elected and quali fied. All future elections shall be held on the same day as the mem ber of the General Assembly from Turner County is elected, and the members elected shall take office on the first day of January immedi ately following their election. In case of a vacancy of said board for any cause other than expiration of a term of office, the remaining mem bers of the board shall elect a person to serve for the unexpired term, from the district vacated.
The Board of Education of Turner County in effect at the time of the ratification of this amendment shall be abolished effective December 31, 1958, and the terms of all members of such board shall expire on such date.
The Turner 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 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, such proposed amendment shall be published and submitted as provided
MONDAY, FEBRUARY 10, 1958
525
in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
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 election of members of the Board of Education of Turner County by the people.
"Against ratification of amendment to the Constitution so as to provide for the election of members of the Board of Educatoin of Turner 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 issue his proclama tion 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 call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Bagby Ballard Barber Barrett Baughman Black Blalock of Coweta Blalock of Clayton Bodenhamer Brackin Brennan Brooks of Fulton Broome Budd Busbee Caldwell A. Campbell of
Walker W. Campbell of
Walker Carlisile Carter
Chastain Cheatham Cheek Coalson Cocke Cowart Craven Crummey Denmark Dorminy Echols Elder Fellows Floyd Fowler of Douglas Frazier Fuqua Green of Rabun Greene of Bartow Grimsley Gross of Stephens Gross of Dade Gunter
Hall of Lee Hardaway Harper Harrison Hawkins Henderson Hodges of Ware Holcombe Holloway Huddleston Hurst Ingle Irvin Jessup Johnson Jones of Wayne Jones of Baker Jones of Crawford Kelley Kennedy Killian Kimmons King
526
JOURNAL OF THE HOUSE,
Lam Lancaster Land Lanier Larkins Lee Lindsey Lokey Long Lott Mackay Mann Matthews Miles Miller of Twiggs Mobley Moorman Morris Moss Murphy Murr McClelland McCracken McGibony McKenna Neese Newton
Nichols Nilan Overby Palmer Parker of Appling Payton Pelham Perkins Peters Pettey Phillips of Walton Pickard Pickett Ramsey Ray Reed Rodgers of Charlton Rogers of Heard Rowland Rutland Sheffield Short Singer Sivell Smith of Forsyth Smith of Emanuel Smith of Fulton
Smith of Whitfield Smith of Bryan Souter Story Summers Tabb Tamplin Tarpley Taylor Todd Truelove Twitty Underwood Veal Walker of Lowndes Watson Weems Wells White Willingham Willis Wilson Winkle Wooten Wright of Dodge Yandle 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.
HR 378-894d. By Mr. Broome of Bacon:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide for the election of the members of the Board of Education of Bacon County by the people; 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 county boards of education, is hereby amended by adding at the end thereof the following:
"The Board of Education of Bacon County shall be composed of five members to be elected as hereinafter provided. For the purpose of electing such members, Bacon County is hereby divided into three Education Districts.
"The Northeast Education District shall consist of all that territory in Bacon County lying Northeast of Hurricane Creek,
MONDAY, FEBRUARY 10, 1958
527
excluding any such territory embraced within the corporate limits of the City of Alma.
"The Southwest Education District shall consist of all that territory in Bacon County lying Southwest of Hurricane Creek, excluding any such territory embraced within the corporate limits of the City of Alma.
"The Alma Education District shall consist of all that terri tory in Bacon County embraced within the corporate limits of the City of Alma.
"Any person, in order to be eligible for membership on the Board to represent an Education District, must reside in the District which he represents, but all members of the Board shall be elected by the voters of the entire county.
"In the event this amendment is ratified, it shall be the duty of the Ordinary of Bacon County to issue the call for an election, which call shall be issued at least ten days prior to the date of such election. The Ordinary shall set the date for such election for either December 15, 16, 17, 18, 19 or 20, 1958. Such election shall be for the purpose of electing the first members of the Board of Education of Bacon County created under this amend ment, 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 Bacon County. The members elected at such election shall take office January 1, 1959, and shall serve for a term of two years and until their suc cessors are elected and qualified. Successors to such members shall be elected in 1960 at the general election at which county officers are elected, and the persons elected as members shall take office January 1, 1961, for a term of four years and until their successors are elected and qualified. Future elections shall be held every four years at the same time as elections for county officers of Bacon County are held and the members elected shall take office on the 1st day of January immediately following their election. All future members shall likewise serve for a term of four years and until their successors are elected and qualified. There shall be two members of the Board from the Northeast Education Dis trict, two members of the Board from the Southwest Education District and one member of the Board from the Alma Education District. The two persons receiving the highest number of votes in the Northeast Education District shall be the members of the Board therefrom, and the two persons receiving the highest num ber of votes in the Southwest Education District shall be the members of the Board therefrom. At elections in each of said Districts, persons voting shall vote for two members. The person receiving the highest number of votes in the Alma Education Dis trict shall be the member of the Board therefrom.
"In the event of a vacancy on the Board for any reason other than the expiration of a term of office, the remaining mem bers of the Board shall select a person from the District in which the vacancy occurs, and such person shall serve for the unexpired term. In the event a member moves his residence from the District he represents, a vacancy shall exist in such District and shall be filled in the same manner as other vacancies. The members of
528
JOURNAL OF THE HOUSE,
the Board, at the first meeting after their election and after their taking office, shall elect their own Chairman, who shall serve for the full four-year term. The first members elected hereunder shall elect a Chairman who shall serve for the two-year term.
"Each June and each December, the Board shall publish in the official organ of Bacon County, a financial statement which will show the financial condition of the Board, and shall be ac companied by a summary of the audit of the affairs of the Board, and shall specifically include the audit relative to the operation of the school lunchroom program. No school real property shall be sold or otherwise disposed of except under sealed bids, and no sale or other disposition shall be valid unless at least three bids shall be received. Notice of such sale or disposition, including the date by which bids must be received and the time and place of the opening thereof shall be published once a week for four weeks immediately preceding the date on which bids may be finally received in the official organ of Bacon County. Any property other than real property, having a value of more than $100.00, may not be sold or disposed of except under the same procedure applicable to real property.
"The terms of the members of the Board of Education serv ing at the time of the ratification of this amendment shall con tinue through December 31, 1958, but the terms of all such mem bers shall expire on that date and the Board of Education of Bacon County in effect at that time shall stand abolished.
"The Board of Education of Bacon County, as created 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."
SECTION 2
When the above proposed amendment to the Constitution shall have been agreed by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as pro vided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
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 Educat'on of Bacon 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 Edu cation of Bacon 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.
MONDAY, FEBRUARY 10, 1958
529
If such 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 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 Bagby Ballard Barber Barrett Baughman Black Blalock of Coweta Blalock of Clayton Bodenhamer Brackin Brennan Brooks of Fulton Broome Budd Busbee Caldwell A. Campbell of
Walker W. Campbell of
Walker Carlisle Carter Chastain Cheatham Cheek Coalson Cocke Cowart Craven Crummey Denmark Dorminy Echols Elder Fellows Fowler of Douglas Frazier Fuqua Green of Rabun
Greene of Bartow Grimsley Gross of Stephens Gross of Dade Gunter Hall of Lee Hardaway Harper Harrison Hawkins Henderson Hodges of Ware Holcombe Holloway Huddleston Hurst Ingle Irvin Jessup Johnson Jones of Wayne Jones of Baker Jones of Crawford Kelley Kennedy Killian Kimmons King Lam Lancaster Lanier Larkins Lee Lindsey Lokey Long Lott Mackay Mann Matthews
Miles Miller of Twiggs Mobley Moorman Morris Moss Murphy Murr McClelland McCracken McGibony McKenna Neese Newton Nichols Nilan Overby Palmer Parker of Appling Payton Pelham Perkins Peters Phillips of Walton Pickard Pickett Raulerson Reed Rodgers of Charlton Rogers of Heard Rowland Rutland Sheffield Short Singer Sivell Smith of Forsyth Smith of Emanuel Smith of Fulton Smith of Whitfield
530
JOURNAL OF THE HOUSE,
Smith of Bryan Story Summers Tabb Tamplin Tarpley Taylor Todd Truelove
Twitty Underwood Veal Walker of Lowndes Watson Weems Wells White Willingham
Willis Wilson Winkle Wooten Wright of Dodge Yandle 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.
HR 379-894e. By Messrs. Budd and Walker of Lowndes:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide that the Board of Education of Lowndes County shall be composed of five members elected by the people; to prescribe the procedure connected with the foregoing; to provide for terms of the members of the County Board of Education; to provide for elections; 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 as amended, relating to County Boards of Education, is hereby amended by adding at the end thereof the following:
"The Board of Education of Lowndes County shall be com posed of five members to be elected by the qualified voters of Lowndes County residing outside the area embraced in any in dependent school system located therein. The members of the Board of Education shall be elected from candidates residing outside the area embraced within any independent school system located in Lowndes County.
"In the event this amendment is ratified, it shall be the duty of the Ordinary of Lowndes County to issue the call for an elec tion and he shall set the date for such election on December 3, 1958.
"Such election shall be for the purpose of electing the members of the Board of Education of Lowndes County created under this amendment, and it shall be the duty of the ordinary to publish the date of the election and the purposes thereof at least once preceding the date thereof in the official organ of Lowndes County. The members elected at such election shall take office January 1, 1959 and shall serve for a term of two years ending December 31, 1960 and until their successors are elected and qualified. All future elections for the purpose of electing members of the Board of Education of Lowndes County shall be held on the same date
MONDAY, FEBRUARY 10, 1958
531
that election for other county officers are elected in the year 1960 and each four years thereafter. The persons so elected shall assume office on January first following the date of their election and shall serve for a term of four years and until their successors are elected and qualified. In the event of a vacancy on said board for any cause other than the expiration of a term of office, the remaining members of the board shall elect a person to serve for the unexpired term.
"The Board of Education of Lowndes County in office at the time of the ratification of this amendment shall be abolished effective December 1, 1958 and the terms of such 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 pro visions relative to County Board of Education unless in conflict with 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, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
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 that the Board of Education of Lowndes County shall be composed of five members elected by the people.
"Against ratification of amendment to the Constitution so as to provide that the Board of Education of Lowndes County shall be composed of five members elected 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 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 proclama tion thereon.
The following substitute was read and adopted: By Messrs. Budd and Walker of Lowndes: A RESOLUTION Proposing an amendment to the Constitution so as to provide that
532
JOURNAL OF THE HOUSE,
the Board of Education of Lowndes County shall be composed of five members elected by the people; to prescribe the procedure connected with the foregoing; to provide for terms of the members of the County Board of Education; to provide for elections; to abolish the elective office of County School Superintendent of Lowndes County; to provide for the appointment of the County School Superintendent of Lowndes County 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 OF GEOR GIA:
Section 1. Article VIII, Section V, Paragraph I of the Consti tution as amended, relating to County Board of Education, is hereby amended by adding at the end thereof the following:
"The Board of Education of Lowndes County shall be com posed of five members to be elected by the qualified voters of Lowndes County residing outside the area embraced in any inde pendent school system located therein. The members of the Board of Education shall be elected from candidates residing outside the area embraced within any independent school system located in Lowndes County.
"In the event this amendment is ratified, it shall be the duty of the Ordinary of Lowndes County to issue the call for an election and he shall set the date for such election on December 3, 1958.
"Such election shall be for the purpose of electing the mem bers of the Board of Education of Lowndes County created under this amendment, and it shall be the duty of the Ordinary to pub lish the date of the election and the purpose thereof at least once preceding the date thereof in the official organ of Lowndes County. The three members receiving the highest number of votes at such election shall serve for a term of four years and until their successors are elected and qualified. The two members re ceiving the next highest number of votes shall serve for a term of two years and until their successors are elected and qualified. All members elected at such election shall take office on January 1, 1959. All future elections for the purpose of electing members of the Board of Education of Lowndes County shall be held on the same date that members of the General Assembly of Lowndes County are elected. The members so elected shall assume office on January first following the date of their election, and successors to the members elected in the year 1958 shall serve for a term of four years and until their successors are elected and qualified. It is the intent and purpose of this amendment to stagger the terms of office of the members of the board. In the event of a vacancy on said board for any cause other than the expiration of a term of office, the remaining members of the board shall elect a person to serve for the unexpired term.
"The Board of Education of Lowndes County in office at the time of the ratification of this amendment shall be abolished effective December 31, 1958, and the terms of such members of such board shall expire on such date.
MONDAY, FEBRUARY 10, 1958
533
"The elective office of County School Superintendent of Lowndes County is hereby abolished, effective as of December 31, 1960 or in the event of the vacancy of such office prior to such date upon the occurrence of such vacancy. On and after such date, the County School Superintendent of Lowndes County shall be appointed by and shall serve at the pleasure of the Board of Education of Lowndes County created hereunder. The Board shall determine the qualifications, responsibilities, duties, authority and compensation of the County School Superintendent of Lowndes County.
"The County Board of Education and the County School Superintendent, as provided herein, shall be subject to all con stitutional provisions and all statutory provisions relative to county boards of education and county school superintendents, respectively, unless in conflict with the provisions of this amend ment.
Section 2. When the above proposed amendment to the Consti tution 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, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
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 that the Board of Education of Lowndes County shall be composed of five members elected by the people, and to provide for the appointment of the County School Superintendent by the Board of Education of Lowndes County.
"Against ratification of amendment to the Constitution so as to provide that the Board of Education of Lowndes County shall be composed of five members elected by the people, and to provide for the appointment of the County School Superintendent by the Board of Education of Lowndes 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 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 report of the committee which was favorable to the adoption of the Resolution, was agreed to, by substitute.
On the adoption of the Resolution, by substitute, the roll call was ordered and the vote was as follows:
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JOURNAL OF THE HOUSE,
Those voting in the affirmative were Messrs.:
Adams Bagby Ballard Barber Barrett Baughman Black Blalock of Coweta Black of Clayton Bodenhamer Brackin Brennan Brooks of Fulton Broome Budd Busbee Caldwell A. Campbell of
Walker W. Campbell of
Walker Carlisle Carter Chastain Cheatham Cheek Coalson Cocke Cowart Craven Crummey Denmark Dorminy Echols Elder Fellows Fowler of Douglas Frazier Fuqua Green of Eabun Greene of Bartow Grimsley Gross of Stephens Gross of Dade Gunter Hall of Lee Hardaway Harper Harrison
Hawkins Henderson Hodges of Ware Holcombe Holloway Huddleston Hurst Ingle Irvin Jessup Johnson Jones of Wayne Jones of Baker Jones of Crawford Kelley Kennedy Killian Kimmons King Lam Lancaster Lanier Larkins Lee
Lindsey Lokey Long Lott Mackay Mann Matthews Miles Miller of Twiggs Mobley Moorman Morris Moss Murphy Murr McClelland McCracken McGibony McKenna Neese Newton Nichols Nilan Overby Palmer
Parker of Appling Payton Pelham Perkins Peters Pettey Phillips of Walton Pickard Pickett Raulerson Reed Rodgers of Charlton Rogers of Heard Rowland Rutland Sheffield Short Singer Sivell Smith of Forsyth Smith of Emanuel Smith of Fulton Smith of Whitfield Smith of Bryan Souter Story Summers Tabb Tamplin Tarpley
Taylor Todd Truelove Twitty Underwood Veal Walker of Lowndes Watson Weems Wells White Willingham
Willis Wilson Winkle Wooten Wright of Dodge Yandle Young
On the adoption of the Resolution, by substitute, the ayes were 148, nays 0.
The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted, by substitute.
MONDAY, FEBRUARY 10, 1958
535
HR 380-894f. By Mr. Jones of Lumpkin:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide for the issuance of bonds for school purposes in Lumpkin County not to exceed ten per cent of the assessed value of the taxable property in Lumpkin 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 GEOR GIA:
SECTION 1
Aritcle VII, Section VII, Paragraph I of the Constitution, relat ing to the limitation on certain debts, is hereby amended by adding at the end thereof the following:
"Notwithstanding the seven per cent limitation herein pro vided, bonds may be issued for school purposes in Lumpkin County not to exceed ten per cent of the assessed value of all the taxable property in Lumpkin 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, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
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 issuance of bonds for school purposes in Lumpkin County not to exceed ten per cent of the assessed value of the taxable property in Lumpkin County."
"Against ratification of amendment to the Constitution so as to provide for the issuance of bonds for school purposes in Lumpkin County not to exceed ten per cent of the assessed value of the taxable property in Lumpkin 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 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.
536
JOURNAL OF THE HOUSE,
The report of the committee which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Bagby Ballard Barber Barrett Baughman Black Blalock of Coweta Blalock of Clayton Bodenhamer Brackin Brennan Brooks of Fulton Broome Budd Busbee Caldwell A. Campbell of
Walker W. Campbell of
Walker Carlisle Carter Chastain Cheatham Cheek Coalson Cocke Cowart Craven Crummey Denmark Dorminy Echols Elder Fellows Fowler of Douglas
Frazier Fuqua Green of Rabun Greene of Bartow Grimsley Gross of Stephens Gross of Dade Gunter Hall of Lee Hardaway Harper Harrison
Hawkins Henderson Hodges of Ware Holcombe Holloway Huddleston Hurst Ingle Irvin Jessup Johnson Jones of Wayne Jones of Baker Jones of Crawford Kelley Kennedy Killian Kimmons King Lam Lancaster Lanier Larkins Lee Lindsey Lokey Long Lott Mackay Mann Matthews Miles Miller of Twiggs Mobley Moorman Morris Moss Murphy Murr McClelland McCracken McGibony McKenna Neese Newton Nichols Nilan Overby Palmer
Parker of Appling Payton Pelham Perkins Peters Pettey Phillips of Walton Pickard Pickett Raulerson Reed Rodgers of Charlton Rogers of Heard Rowland Rutland Sheffield Short Singer Sivell Smith of Forsyth Smith of Emanuel Smith of Fulton Smith of Whitfield Smith of Bryan Souter Story Summers Tabb Tamplin Tarpley Taylor Todd Truelove Twitty Underwood Veal Walker of Lowndes Watson
Weems Wells White Willingham Willis Wilson Winkle Wooten Wright of Dodge Yandle Young
MONDAY, FEBRUARY 10, 1958
537
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.
HR 389-940a. By Messrs. McWhorter, Mackay and Rutland of DeKalb:
A RESOLUTION
Proposing an amendment to the Constitution of the State of Georgia so as to authorize the Board of Commissioners of Roads and Revenues of DeKalb County, Georgia, to enact ordinances for the im plementation and enforcement of all duties and powers now or here after vested in said Board and to provide penalties for violation of such ordinances; to authorize the licensing and regulation of businesses and levying of license taxes on businesses in the unincorporated area of the County; to authorize the creation of a County Recorder's Court for DeKalb County; to provide for the submission of this amendment for ratification or rejection at the next general election; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA:
SECTION 1
Be it resolved by the General Assembly of the State of Georgia that Article VI, Section I of the Constitution of the State of Georgia of 1945 be, and the same is hereby, amended by adding a new para graph, which shall read as follows:
"The General Assembly of the State of Georgia is hereby au thorized :
"1. To empower the Board of Commissioners of Roads and Reve nues of DeKalb County, Georgia, to adopt ordinances or regulations for the implementation and enforcement of all duties and powers now or hereafter vested in said Board as the governing authority of DeKalb County, Georgia, and to provide penalties for violations of such ordi nances; to authorize the licensing and regulation of businesses and the levying of license taxes on all persons, firms and corporations doing business in the unincorporated area of said County.
"2. To establish and create in and for the County of DeKalb a County Recorder's Court, which shall have jurisdiction in DeKalb County outside the corporate limits of municipalities and which shall be empowered to hear and determine cases involving violations of all County ordinances and regulations, including traffic ordinances and regulations, with authority to inflict punishment and/or penalty for violation thereof; and which shall have such other and further powers as may be prescribed by law."
SECTION 2
When the above proposed amendment of 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, such proposed amendment shall be published and submitted as pro-
538
JOURNAL OF THE HOUSE,
vided in Article XIII, Section I, Paragraph I, of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"For ratification of amendment to the Constitution to provide for the enforcement of County ordinances, the creation of a Recorder's Court and the regulation and licensing of businesses in the unincor porated area of DeKalb County."
"Against ratification of amendment to the Constitution to provide for the enforcement of County ordinances, the creation of a recorder's Court and the regulation and licensing of businesses in the unincor porated area of DeKalb 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 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.
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is hereby given that there will be introduced at the Janu ary, 1958, Session of the General Assembly of Georgia a bill proposing an amendment to the Constitution of Georgia to authorize the Board of Commissioners of Roads and Revenues of DeKalb County to build, maintain and operate storm sewers and street lights in said County, and to provide for levying taxes and/or assessments for financing same; and for other purposes.
This 7th day of January, 1958.
l-9-3t
W. Hugh McWhorter Guy W. Rutland, Jr. James A. MacKay
Representatives, DeKalb County
GEORGIA, DeKalb County
Personally appeared before me a notary public, the undersigned W. H. McWhorter, who on oath says that he is Managing-Editor of the DeKalb New Era, a newspaper published in the city of Decatur, being of general circulation and being the legal organ for the county of DeKalb who certifies that legal notice, a true copy of which is hereby attached, being Notice of Intention to Apply for Local Legis-
MONDAY, FEBRUARY 10, 1958
539
lation was duly published once a week for three weeks as required by law; said dates of publication being January 9, 16, 23, 1958.
THE DeKALB NEW ERA /a/ W.H. McWhorter
W. H. McWhorter, Managing-Editor
Sworn to and subscribed before me this 24th day of January, 1958.
/s/ Ann Hardy (Seal) Notary Public, DeKalb County, Georgia My Commission Expires July 26, 1961
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 Bagby Ballard Barber Barrett Baughman Black Blalock of Coweta Blalock of Clayton Bodenhamer Brackin Brennan Brooks of Fulton Broome Budd Busbee Caldwell A. Campbell of
Walker W. Campbell of
Walker Carlisle Carter Chastain Cheatham Cheek Coalson Cocke Cowart Craven Crummey Denmark Dorminy Echols
Elder Fellows Fowler of Douglas Frazier Fuqua Green of Rabun Greene of Bartow Grimsley Gross of Stephens Gross of Dade Gunter Hall of Lee Hardaway Harper
Harrison Hawkins Henderson Hodges of Ware Holcombe Holloway Huddleston Hurst Ingle Irvin Jessup Johnson Jones of Wayne Jones of Baker Jones of Crawford Kelley Kennedy Killian Kimmons King
Lam Lancaster Lanier Larkins Lee Lindsey Lokey Long Lott Mackay Mann Matthews Miles Miller of Twiggs Mobley Moorman Morris Moss Murphy Murr McClelland McCracken McGibony McKenna Neese Newton Nichols Nilan Overby Palmer Parker Payton Pelham Perkins
540
JOURNAL OF THE HOUSE,
Peters Pettey Phillips of Walton Pickard Pickett Raulerson Reed Rodgers of Charlton Rogers of Heard Rowland Rutland Sheffield Short Singer Sivell
Smith of Forsyth Smith of Emanuel Smith of Fulton Smith of Whitfield Smith of Bryan Souter Story Summers Tabb Tamplin Tarpley Taylor Todd Truelove Twitty
Underwood Veal Walker of Lowndes Watson Weems Wells White Willingham Willis Wilson Winkle Wooten Wright of Dodge Yandle 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.
HR 390-940b. By Messrs. Holloway and Busbee of Dougherty:
A RESOLUTION
Proposing to the qualified voters an amendment to Article V of the Constitution of the State of Georgia by adding, at the end thereof a new section and paragraph, to create the Albany Dougherty Payroll Development Authority as a Constitutional authority and public corpo ration; to provide for the appointment, eligibility and tenure of mem bers and officers; to provide for the financing of said authority; and to confer on the General Assembly the authority to prescribe by law additional powers and duties for said authority; to provide for the submission of this amendment for ratification or rejection by the people; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1
That Article V of the Constitution of the State of Georgia is hereby amended by adding to the end thereof a new section and para graph to be known as Section IX, Paragraph I, which shall read as follows, to wit:
"Article V, Section IX, Paragraph I. There is hereby created a body corporate and politic to be known as the 'Albany Dougherty Payroll Development Authority' which shall be deemed to be an instrumentality of the State of Georgia and a public corporation, its scope and jurisdiction to be limited to the territory embraced by Dougherty County. The County of Dougherty and the City of Albany may contract with the Authority as a public corporation as provided by the Constitution of Georgia.
"The Authority shall consist of five members who shall have such control, duties, powers and authority as are hereby conferred and as may be prescribed or provided for by the General Assembly
MONDAY, FEBRUARY 10, 1958
541
of Georgia, and such additional powers as may be delegated to the Authority by the County of Dougherty and the City of Albany. Members of the Authority shall be the Chairman of the Board of Commissioners of Roads and Revenues of Dougherty County, the Mayor of the City of Albany, the President of the Albany Chamber of Commerce and two other members who shall be residents of Dougherty County within or without the corporate limits of the City of Albany. The General Assembly shall provide for appoint ment and terms of office of the members of the Authority who are not members thereof by virtue of their office. The Authority shall elect a chairman and a treasurer. The Executive VicePresident of the Albany Chamber of Commerce shall serve as secretary of the Authority.
"All lands and improvements thereon, the title to which is vested in the Authority, and all debentures and revenue anticipation certificates issued by the Authority, and all income earned there from by the holders of said evidences of indebtedness shall be exempt from State and local taxation.
"Said Authority is created for the purpose of developing and promoting for the public good and general welfare jobs and pay rolls in industry, agriculture, commerce and natural resources and the making of long-range plans for the coordination of such de velopment, promotion and expansion, within its territorial limits, and shall specifically be authorized to enter into contracts and agreements for periods of time extending beyond the terms of the members of the Authority in office at the time of such contracts and agreements. The Authority shall not be empowered or author ized in any manner to create a debt as against the State of Georgia, the County of Dougherty or the City of Albany. The Authority is created for non-profit purposes and all property acquired by the Authority and any funds realized by the Authority shall be used continually and exclusively for the purposes for which the Author ity is created.
"The specifications of certain powers herein is not intended to be exclusive, it being the intention of this amendment that all powers hereby granted, and to be granted by the General Assembly pursuant hereto, are to be liberally construed to effectuate the general purposes of said Authority as hereinabove set out.
"The powers hereby granted to the General Assembly, to the fiscal authorities of Dougherty County, and to be granted by the General Assembly to effectuate the purposes herein set forth shall exist notwithstanding other provisions of this constitution or any general or special laws of the State."
SECTION 2
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 each pro posed amendment to be published as provided in Article XIII, Section I, Paragraph I, of the Constitution of Georgia of 1945, as amended, for two months previous to the time of the general election at which the
542
JOURNAL OF THE HOUSE,
above amendment shall be submitted for ratification or rejection to the electors as provided in said paragraph of the Constitution.
The Ballot submitting the above proposed amendment shall have written or printed thereon the following:
"For ratification of amendment to Article V of the Constitu tion of Georgia, creating the Albany Dougherty Payroll Develop ment Authority."
"Against ratification of amendment to Article V of the Con stitution of Georgia, creating the Albany Dougherty Payroll De velopment Authority."
All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification.
If a majority of the electors qualified to vote for members of the General Assembly voting thereon in Dougherty County shall vote for ratification thereof, this amendment shall become a part of the Con stitution of the State of Georgia. The returns of the election shall be made in like manner as returns for elections for members of the General Assembly and it shall be the duty of the Secretary of State to ascer tain the result and certify the result to the Governor who shall, if such amendment be ratified, make proclamation thereof.
The report of the committee which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Bagby Ballard Barber Barrett Baughman Black Blalock of Coweta Blalock of Clayton Bodenhamer Brackin Brennan Brooks of Fulton Broome Budd Busbee Caldwell Campbell of
Walker Campbell of
Walker Carlisle
Carter Chastain Cheatham Cheek Coalson Cocke Cowart Craven Crummey Denmark Dorminy Echols Elder Fellows Fowler of Douglas Frazier Fuqua Green of Rabun Greene of Bartow Grimsley Gross of Stephens Gross of Dade
Gunter Hall of Lee Hardaway Harper Harrison Hawkins Henderson Hodges of Ware Holcombe Holloway Huddleston Hurst Ingle Irvin Jessup Johnson Jones of Wayne Jones of Baker Jones of Crawford Kelley Kennedy Killian
MONDAY, FEBRUARY 10, 1958
543
Kimmons King Lam Lancaster Lanier Larkins Lee Lindsey Lokey Long Lott Mackay Mann Matthews Miles Miller of Twiggs Mobley Moorman Morris Moss Murphy Murr McClelland McCracken McGibony McKenna Neese
Newton Nichols Nilan Overby Palmer Parker of Appling Payton Pelham Perkins Peters Pettey Phillips of Walton Pickard Pickett Raulerson Reed Rodgers of Charlton Rogers of Heard Rowland Rutland Sheffield Short Singer Sivell Smith of Forsyth Smith of Emanuel Smith of Fulton
Smith of Whitfield Smith of Bryan Souter Story Summers Tabb Tamplin Tarpley
Taylor Todd Truelove Twitty Underwood Veal Walker of Lowndes Watson Weems Wells White Willingham Willis Wilson Winkle Wooten Wright of Dodge Yandle Young
On the adoption of the Resolution, the ayes were 148, nays 0.
The Resolution, having received the requisite two-thirds constitutional majority, was adopted.
HR 392-940d. By Mr. Roughton of Washington:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide for the election of the members of the Board of Education of Washington County; to prescribe the procedure connected therewith; to provide for Education Districts; to provide for the appointment of a County School Superintendent 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 OF GEORGIA:
SECTION 1
Article VIII, Section V, Paragraph I of the Constitution, as amended, relating to county boards of education, is hereby amended by adding at the end thereof the following:
"The Board of Education of Washington County shall be com posed of five members to be elected as hereinafter provided. For
544
JOURNAL OF THE HOUSE,
the purpose of electing such members, Washington County is here by divided into five education districts.
"Education District No. 1 shall be composed of:
Militia District No. 97 (Sandersville). Militia District No. 1315 (Tabernacle). Militia District No. 93 (Sun Hill).
"Education District No. 2 shall be composed of:
Militia District No. 1488 (Tennille). Militia District No. 1399 (Northern). Militia District No. 89 (Wommack). Militia District No. 91 (Harrison). Militia District No. 1345 (Stonewall).
"Education District No. 3 shall be composed of:
Militia District No. 99 (Deepstep). Militia District No. 98 (Hebron). Militia District No. 90 (Strange). Militia District No. 88 (Colsons).
"Education District No. 4 shall be composed of:
Militia District No. 94 (Davisboro). Militia District No. 1253 (Riddleville). Militia District No. 92 (Josey). Militia District No. 1384 (Cleveland).
"Education District No. 5 shall be composed of:
Militia District No. 100 (Clays). Militia District No. 136 (Buncombe). Militia District No. 1350 (Warthen). Militia District No. 96 (Giles). Militia District No. 95 (Cato).
"Each member of the Board shall be elected by the voters of Washington County. Any person offering as a candidate to repre sent an education district on the board must reside in the district from which he offers and must have resided in the education dis trict 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 the event of a vacancy on the board for any cause other than the expiration of a term of office, the vacancy shall be filled by appointment of the remaining members of the board. It is the intent and purpose of this amendment to provide that each education district shall be represented by a member of said board at all times.
"In the event this amendment is ratified, it shall be the duty of the Ordinary of Washington County to issue the call for an elec tion, which call shall be issued not later than June 1, 1960, to elect the first members of the County Board of Education of Washington
MONDAY, FEBRUARY 10, 1958
545
County under this amendment and the Ordinary shall set the date for such election for the same day that members of the General Assembly from Washington County are elected in the year 1960. The first members elected at such election shall take office on January 1, 1961 and shall serve for a term of four years and until their successors are elected and qualified. Successors to the mem bers elected at such election and all future elections for members of the board shall be held on the same day that the other county officers of Washington County are elected immediately preceding the expiration of their term of office, and all future members shall be elected for a term of four years and until their successors are elected and qualified. The future members of the board shall take office on January first following their election.
"The appointive Board of Education of Washington County is hereby abolished effective as of December 31, 1960, and all future members of the County Board of Education of Washington County shall be elected as herein provided.
"The elective office of County School Superintendent of Wash ington County is hereby abolished effective as of December 31, 1960.
"From and after January 1, 1961, the County School Super intendent of Washington County shall be appointed by and serve at the pleasure of the County Board of Education of Washington County. The board shall determine the authority, duty, responsi bility and compensation of the county school superintendent.
"The Board of Education and the County School Superintendent as provided for herein shall be subject to all constitutional pro visions and all statutory provisions relative to county boards of education and county school superintendents, respectively, unless such provisions are in conflict with the provisions of this amend ment."
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, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
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 Washington County Board of Education and to provide for the appointment of the County School Superintendent of Washington County.
"Against ratification of amendment to the Constitution so as to provide for the election of the members of the Washington County Board of Education and to provide for the appointment of the County School Superintendent of Washington County."
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JOURNAL OP 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 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 call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Bagby Ballard Barber Barrett Baughman Black Blalock of Coweta Blalock of Clayton Bodenhamer Brackin Brennan Brooks of Fulton Broome Budd Busbee Caldwell A. Campbell of
Walker W. Campbell of
Walker Carlisle Carter Chastain Cheatham Cheek Coalson Cocke Cowart Craven Crummey Denmark Dorminy Echols Elder
Fellows Fowler of Douglas Frazier Fuqua Green of Rabun Greene of Bartow Grimsley Gross of Stephens Gross of Dade Gunter Hall of Lee Hardaway Harper Harrison Hawkins Henderson Hodges of Ware Holcombe Holloway Huddleston Hurst Ingle Irvin Jessup Johnson Jones of Wayne Jones of Baker Jones of Crawford Kelley Kennedy Killian Kimmons King Lam Lancaster
Lanier Larkins Lee Lindsey Lokey Long Lott Mackay Mann Matthews Miles Miller of Twiggs Mobley Moorman Morris Moss Murphy Murr McClelland McCracken McGibony McKenna Neese Newton Nichols Nilan Overby Palmer Parker of Appling Payton Pelham Perkins Peters Pettey Phillips of Walton
MONDAY, FEBRUARY 10, 1958
547
Pickard Pickett Raulerson Reed Rodgers of Charlton Rogers of Heard Rowland Rutland Sheffield Short Singer Sivell Smith of Forsyth Smith of Emanuel
Smith of Fulton Smith of Whitfield Smith of Bryan Souter Story Summers Tabb Tamplin Tarpley Taylor Todd Truelove Twitty Underwood
Veal Walker of Lowndes Watson Weems Wells White Willingham Willis Wilson Winkle Wooten Wright of Dodge Yandle 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.
SR 92. By Senator Butts of the 12th:
A RESOLUTION
Proposing an amendment to the Constitution to alternate the terms of the members of the County Board of Education of Stewart County; to rearrange the voting districts; to provide for the submission of the amendment to the people 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 striking the third paragraph follow ing the enacting clause, in its entirety, of an amendment proposed by a Resolution found in Georgia Laws 1956, p. 463, ratified at the general election of 1956, and by substituting in lieu thereof a new paragraph so that the third paragraph of said amendment, as amended hereby, shall read:
"The qualified voters of the Richland voting precinct shall elect one member of said Board; the qualified voters of the Trotman and the County Line 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 the Union, Louvale, Green Hill and Brooklyn voting precincts shall elect one member of said Board; and the qualified voters of the Lumpkin voting precinct shall elect one member of said Board."
Section 2. The Constitution is further amended by striking from the fifth paragraph of said amendment the words, "and all future members", so that the fifth paragraph of said amendment to the Con stitution, as amended hereby, shall read:
"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
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JOURNAL OP THE HOUSE,
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 duly of the ordinary to publish the date of the election, the purposes thereof, and a brief description of the voting procedure by districts at least once preceding the date thereof in the official organ of Stewart County. All the members elected at such election shall take office January 1, 1957, and such members shall serve for a term of four years and until their successors are elected and qualified. All future elections shall be held on the second Tuesday in November, and the persons elected will take office the following January 1. In case of a vacancy on said board for any cause other than expiration of a term of office, the remaining members of the board shall elect a person to serve for the unexpired term, from the district vacated."
Section 3. The Constitution is further amended by inserting a new paragraph following the fifth paragraph of said amendment to the Constitution to read:
"The members of the Board of Education of Stewart County elected on the 2nd Tuesday in November, 1960, shall serve the terms as hereinafter provided. The member elected by the quali fied voters of the Richland voting precinct and the member elected by the qualified voters of the Union, Louvale, Green Hill and Brook lyn voting precinct shall serve for a term of two years and until their successors are elected and qualified. The member elected by the qualified voters of the Trotman and County Line precincts, the member elected by the qualified voters of the Midway, Florence and Omaha precincts, and the member elected by the qualified voters of the Lumpkin voting precinct shall serve for a term of four years and until their successors are elected and qualified. Thereafter, all members shall be elected to serve a term of four years and until their successors are elected and qualified. Following the November, 1960, election, an election shall be held every two years on the 2nd Tuesday in November to elect members to fill the vacancies created by the two or three outgoing members."
Section 4. 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, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
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 alternation of the terms of members of the County Board of Education of Stewart County."
"Against ratification of amendment to the Constitution so as to provide for the alternation of the term of members of the County Board of Education of Stewart County."
All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all per-
MONDAY, FEBRUARY 10, 1958
549
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 call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Bagby Ballard Barber Barrett Baughman Black Ballock of Coweta Blalock of Clayton Bodenhamer Brackin Brennan Brooks of Fulton Broome Budd Busbee Caldwell A. Campbell of
Walker W. Campbell of
Walker Carlisle Carter Chastain Cheatham Cheek Coalson Cocke Cowart Craven Crummey Denmark Dorminy Echols " Elder Fellows Floyd Fowler of Douglas
Frazier Fuqua Green of Rabun Greene of Bartow Grimsley Gross of Stephens Gross of Dade Gunter Hall of Lee Hardaway Harper Harrison Hawkins Henderson Hodges of Ware Holcombe Holloway Huddleston Hurst Ingle Irvin Jessup Johnson Jones of Wayne Jones of Baker Jones of Crawford Kelley Kennedy Killian Kimmons King Lam Lancaster Land Lanier Larkins Lee Lindsey
Lokey Long Lott Mackay Mann Matthews Miles Miller of Twiggs Mobley Moorman Morris Moss Murphy Murr McClelland McCracken McGibony McKenna Neese Newton Nichols Nilan Overby Palmer Parker of Appling Payton Pelham Perkins Peters Pettey Phillips of Walton Pickard Pickett Ramsey Ray Reed Rodgers of Charlton Rogers of Heard
550
JOURNAL OF THE HOUSE,
Rowland Rutland Sheffield Short Singer Sivell Smith of Forsyth Smith of Emanuel Smith of Fulton Smith of Whitfield Smith of Bryan Souter
Story Summers Tabb Tamplin Tarpley Taylor Todd Truelove Twitty Underwood Veal Walker of Lowndes
Watson Weems Wells White Willingham Willis Wilson Winkle Wooten Wright of Dodge Yandle 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.
HB 883. By Messrs. Jones of Laurens, Rowland of Johnson, Miller of Twiggs and Fowler of Treutlen:
A Bill to be entitled an Act to amend an Act placing the SolicitorGeneral of the Dublin Judicial Circuit on a salary basis; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 148, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 884. By Messrs. Jones and Hogan of Laurens, Rowland of Johnson, Miller of Twiggs, and Fowler of Treutlen:
A Bill to be entitled an Act to amend an Act placing the SolicitorGeneral of the Oconee Judicial Circuit on a salary basis; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 148, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
SB 230. By Senator Williams of the 51st: A Bill to be entitled an Act to amend an Act creating a Board of County Commissioners for 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 148, nays 0.
MONDAY, FEBRUARY 10, 1958
551
The Bill, having received the requisite constitutional majority, was passed.
By unanimous consent, the following Bill of the House was placed on the calendar to consider the unfavorable report of the committee:
HB 774. By Mr. Raulerson of Echols:
A Bill to be entitled an Act to amend an Act to provide for the estab lishing of a Department of Labor; and for other purposes.
The following Resolution of the House was read and adopted:
HR 413. By Messrs. Brooks and McClelland of Pulton, Bagby of Paulding, Russell of Barrow, Matthews of Clarke and Overby of Hall:
A RESOLUTION
WHEREAS, the Honorable William A. Cetti, President of the Georgia AFL-CIO, died on January 23, 1958; and
WHEREAS, Mr. Cetti devoted nearly forty years of his life to the laboring people of Georgia, and his influence was an outstanding and strong factor in raising the standards of living and the employment conditions for the working people of the State of Georgia; and
WHEREAS, he was loved and respected by everyone with whom he came into contact; and
WHEREAS, Organized Labor in the State of Georgia has lost a true friend, a dedicated and trusted labor leader.
NOW, THEREFORE, BE IT RESOLVED that the House of Repre sentatives of the State of Georgia go on record as expressing and extended its deepest sympathies to the family of the Honorable William A. Cetti;
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit a copy of this Resolution to the family of the Honorable William A. Cetti and to the headquarters of the Georgia AFL-CIO.
Under the order of business established by the Committee on Rules the following Bills and Resolution of the House were taken up for consideration and read the third time:
HB 792. By Messrs. Floyd and Weems of Chattooga, and McKenna of Bibb:
A Bill to be entitled an Act to amend the Civil Defense Act of 1951; 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.
552
JOURNAL OF THE HOUSE,
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 Bagby Ballard Barber Baughman Birdsong Black Blalock of Coweta Blalock of Clayton Bodenhamer Brackin Broome Budd Busbee Cagle Callier A. Campbell of
Walker W. Campbell of
Walker Carlisle Carr Carter Chastain Cheek Coalson Craven Denmark Dorminy Duncan Elder Ellis Fellows Floyd Fordham Fowler of Douglas Frazier Fuqua Gowen Green of Rabun Greene of Bartow Grimsley Gross of Stephens Gross of Dade Gunter Hall of Lee Hardaway Harrison Hawkins
Henderson Hill Hodges of Ware Hogan Holcombe Holloway Huddleston Hurst Ingle Irvin Johnson Jones of Wayne Jones of Worth Jones of Laurens Jones of Crawford Kelley Key Killian Kimmons Lam Lancaster Land Lanier Larkins Lee Lindsey Lokey Long Love Mackay Mann Matthews Miles Miller of Elbert Mobley Morris Murphy Murr McCracken McGibony McKenna Neese Newton Nichols Nilan Orr Overby Palmer Parker of Pike
Parker of Appling Payton Pelham Perkins Perry Peters Pettey Phillips of Columbia Pickett Ramsey Ray Roberts Rodgers of Charlton Rogers of Heard
Ross Rowland Russell Rutland Scoggin Sheffield Sivell Smith of Emanuel Smith of Lamar Smith of Fulton Smith of Whitfield
Souter Story Summers Tabb Tamplin Tarpley Taylor Todd Twitty Underwood Veal Walker of Telfair
Watson Weems Wells Wilson Winkle Wooten Wright of Floyd Wright of Dodge Yandle Young
On the passage of the Bill, the ayes were 144, nays 0.
MONDAY, FEBRUARY 10, 1958
553
The Bill, having received the requisite constitutional majority, was passed.
HB 793. By Messrs. Floyd and Weems of Chattooga, and McKenna of Bibb:
A Bill to be entitled an Act to amend the Georgia Civil Defense Act of 1951; 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.:
Adams Bagby Ballard Barber Barrett Baughman Birdsong Black Blalock of Coweta Blalock of Clayton Bodenhamer Bolton Brackin Bradley Brennan Brooks of Fulton Broome Budd Burkhalter Busbee Cagle Caldwell Callier A. Campbell of
Walker W. Campbell of
Walker Carlisle Carr Carswell Carter Chastain Cheatham Cheek Coalson Cocke
Craven Dorminy Echols Elder Ellis Fellows Floyd Fordham Fowler of Douglas Fowler of Treutlen Frazier Fuqua Green of Rabun Greene of Bartow Grimsley Gross of Stephens Gross of Dade Gunter Hall of Lee Hardaway Harper Harrison Hawkins Henderson Hill Hodges of Ware Hogan Holcombe Holloway Huddleston Hurst Ingle Irvin Johnson Jones of Wayne Jones of Baker
Jones of Laurens Jones of Crawford Kelley Kidd Killian Kimmons King Lam Lanier Larkins Lee Lindsey Lokey Long Love Mackay Mann Martin Matthews Miles Miller of Elbert Mobley Moorman Morris Moss Murphy Murr McClelland McGibony McKenna McWhorter Neese Nichols Nilan Orr Overby
554
JOURNAL OF THE HOUSE,
Palmer Parker of Pike Parker of Appling Payton Pelham Perkins Perry Peters Phillips of Walton Pickett Ramsey Raulerson Ray Roberts Rodgers of Charlton Rogers of Heard Ross
Rowland Rutland Scoggin Sheffield Singer Sivell Smith of Forsyth Smith of Emanuel Smith of Lamar Smith of Whitfield Smith of Bryan Souter Story Summers Tabb Tamplin Tarpley
Taylor Todd Twitty Underwood Veal Walker of Telfair Weems Wells Wilson Winkle Wooten Wright of Floyd Wright of Dodge Yandle Young
On the passage of the Bill, the ayes were 155, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 794. By Messrs. McKenna of Bibb, Floyd of Chattooga, and Ingle of Gordon:
A Bill to be entitled an Act to amend the Georgia Civil Defense Act of 1951; 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.:
Adams Ballard Barber Barrett Baughman Birdsong Black Blalock of Coweta Blalock of Clayton Bodenhamer Brackin Bradley Brennan Broome Burkhalter Busbee
Caldwell Callier A. Campbell of
Walker W. Campbell of
Walker Carlisle Carr Carswell Carter Chastain Cheek Cloud Coalson Cocke Cowart
Craven Crummey Dorminy Echols Elder Ellis Fellows Flynt Fowler of Douglas Frazier Fuqua Gowen Green of Rabun Greene of Bartow Grimsley Gross of Stephens
MONDAY, FEBRUARY 10, 1958
555
Gross of Bade Gunter Hardaway Harper Harrison Hawkins Henderson Hill Hodges of Ware Hodges of Butts Hogan Holloway Huddleston Hurst Ingle Irvin Johnston Jones of Wayne Jones of Lumpkin Jones of Baker Jones of Laurens Jones of Crawford Kelley Key Kimmons King Lam Lanier Larkins Lee Lindsey Lokey Long Love
Mackay Mann Martin Matthews Miles Miller of Twiggs Miller of Elbert Mobley Moorman
Morris Moss Murphy Murr McCracken McGibony McKenna McWhorter Neese Nichols Nilan Orr Overby Parker of Pike Parker of Appling Payton Pelham Perkins Perry Peters Pickett Ramsey Raulerson Roberts Rodgers of Charlton
Rogers of Heard Ross Rowland Scoggin Singer Sivell Smith of Porsyth Smith of Emanuel
Smith of Lamar Smith of Whitfield Smith of Bryan Story Summers Tabb Tamplin Taylor Todd Truelove Twitty Underwood Veal Walker of Telfair Watson Weems Wells Wilson Winkle Wooten Wright of Floyd Wright of Dodge Yandle Young
On the passage of the Bill, the ayes were 148, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HR 271-687d. By Messrs. Hawkins of Screven and Moate of Hancock:
A Resolution authorizing the placing of busts of two Georgia signers of the U. S. Constitution in the Georgia Hall of Fame at the State Capitol; 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:
556
JOURNAL OF THE HOUSE,
Those voting in the affirmative were Messrs.
Adams Bagby Ballard Barber Barrett Baughman
Birdsong Black Blalock of Clayton Bodenhamer Bolton Brackin Bradley Brennan Brooks of Oglethorpe Brooks of Pulton
Broome
Budd Burkhalter
Busbee Cagle Caldwell Callier A. Campbell of
Walker W. Campbell of
Walker
Carr Carswell
Carter Chastain Cheek Cocke Cowart Craven Crumrney Denmark Dorminy Echols Ellis Fellows Fordham Fowler of Douglas
Frazier Green of Rabun
Grimsley Gross of Stephens Gross of Dade Hall of Floyd Hall of Lee Hardaway Harper
Harrison Hawkins Henderson Hodges of Ware Hodges of Butts Hogan Holloway Huddleston Hurst Ingle Irvin Johnson Jones of Wayne Jones of Worth Jones of Lumpkin Jones of Baker Jones of Laurens Jones of Crawford Kelley Kennedy Killian Kimmons King Lam Lancaster Lanier Larkins Lee Lindsey Lokey Long Love Mackay Mann Martin Matthews Miles Miller of Elbert
Mobley Moorman Morris Moss Murphy Murr McClelland McCracken McGibony McKenna McWhorter Neese Nichols Nilan
Orr Palmer Parker of Pike Parker of Ware Parker of Appling Payton Pelham Perry Peters Pickard Ramsey Raulerson Ray Reed Roberts Rodgers of Charlton Ross Rutland Scoggin Singer Sivell Smith of Forsyth Smith of Emanuel Smith of Lamar Smith of Fulton Smith of Whitfield Smith of Bryan Souter Stephens Story Summers Tabb Tamplin Taylor Todd Truelove Twitty Underwood Veal
Walker of Telfair Watson Weems Wells Wilson Winkle Wooten Wright of Floyd Wright of Dodge Yandle Young
On the adoption of the Resolution, the ayes were 153, nays 0.
MONDAY, FEBRUARY 10, 1958
557
The Resolution, having received the requisite constitutional majority, was adopted.
The Hour of 11:00 o'clock having arrived, the Senate appeared upon the floor of the House, and the Joint Session convened for the purpose of hearing a message from Dr. Ross A. McParland, was called to order by the President of the Senate.
The Secretary of the Senate read the Resolution providing for the Joint Session.
The President of the Senate introduced to the members of the General Assembly, Dr. Ross A. McFarland, Associate Professor of Industrial Hygiene, Harvard School of Public Health, and Director of the Commission of Accidental Trauma, who delivered a very informative address on accidents of all kinds and the prevention of traffic accidents.
Senator Hawes of the 30th 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.
Under the order of business established by the Committee on Rules the following Bills and Resolutions of the House were taken up for consideration and read the third time:
HB 671. By Messrs. Moate of Hancock, Hawkins of Screven and Jessup of Bleckley:
A Bill to be entitled an Act to amend an Act creating the State Bridge Building Authority; and for other purposes.
An amendment offered by Mr. Rutland of DeKalb was read and lost:
Mr. Ramsey of Effingham moved the previous question and the motion prevailed.
Mr. Busbee of Dougherty moved that further consideration of HB 671 be postponed until tomorrow morning, February 11, 1958.
The motion was lost.
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:
558
JOURNAL OF THE HOUSE,
Those voting in the affirmative were Messrs.
Adams Bagby Barber Barrett Baughman Birdsong Black Boggs Braekin Bradley Brooks of Oglethorpe Broome Budd Burkhalter Cagle Callier
A. Campbell of Walker
W. Campbell of Walker
Carr Carswell Carter Cheatham Cloud Coalson Cocke Cowart Crummey Denmark Ellis Floyd Green of Rabun Greene of Bartow Grimsley Gross of Stephens Gross of Bade Hall of Lee Harper Harrison Hawkins Helms
Henderson Hendrix Hill Hodges of Butts Hogan Holcombe Huddleston Hurst Ingle Jessup Johnson Jones of Wayne Jones of Worth Jones of Lumpkin Jones of Baker Kennedy Key King Lam Land Lanier Larkins Long Mann Martin Matthews Miles Miller of Twiggs
Mobley
Moorman Morris Moss Murphy MeCracken McGibony Neese Newton Nichols Nilan Orr Parker of Pike Parker of Ware
Those voting in the negative were Messrs.:
Ballard Bolton Busbee Caldwell Cheek Echols Fowler of Douglas Fowler of Treutlen Frazier Fuqua
Gowen Gunter Holloway Jones of Laurens Killian Lancaster Lindsey Mackay Miller of Elbert McKenna
Parker of Appling Pelham Perkins Pettey Phillips of Columbia Phillips of Walton Pickett Ramsey Raulerson Ray Rogers of Heard Rowland Sheffield Short Singer Smith of Forsyth Smith of Lamar Smith of Whitfield Smith of Bryan Souter Stephens Story Summers Tabb Tamplin Tarpley Taylor Todd Truelove Underwood Veal Walker of Lowndes Walker of Telfair Watson Weems Wells White Willingham Wooten Young
Palmer Payton Reed Ross Russell Rutland Twitty Wilson
MONDAY, FEBRUARY 10, 1958
559
On the passage of the Bill, the ayes were 122, nays 28.
The Bill, having received the requisite constitutional majority, was passed.
HR 280-702b. By Mr. Hawkins of Screven:
A Resolution authorizing compensation to the Robert K. Price Com pany; 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 Bagby Ballard Barber Barrett Baughman Birdsong Boggs Bolton Brackin Brennan Brooks of Oglethorpe Broome Budd Burkhalter Busbee Cagle A. Campbell of
Walker W. Campbell of
Walker Carlisle Carr Carswell Carter Chastain
Cheek Cloud Coalson Cocke Cowart Craven Denmark
Echols Elder Ellis Fellows Floyd Fowler of Douglas Fowler of Treutlen Frazier Fuqua Gowen Green of Rabun Greene of Bartow Grimsley Gross of Stephens Gross of Dade Gunter Hall of Floyd Hall of Lee Hardaway Harper Harrison Hawkins Helms Henderson Hendrix Hodges of Ware Hodges of Butts Hogan Holcombe Holloway Huddleston Ingle Irvin Jessup
Johnson Jones of Wayne Jones of Worth Jones of Lumpkin Jones of Laurens Jones of Crawford Kelley Key Kidd Killian Kimmons King Lam Lancaster Land Lanier Larkins Lindsey Lokey Mackay Martin Matthews Miles Miller of Twiggs
Mobley Moorman Moss Murr Musgrove McCracken McGibony McKenna Neese Newton
560
JOURNAL OF THE HOUSE,
Nichols Nilan Orr Palmer Parker of Pike Parker of Ware Parker of Appling Pelham Perkins Pettey Phillips of Columbia Phillips of Walton Pickett Ramsey Raulerson Ray
Reed Rodgers of Charlton Rogers of Heard Ross Rowland Rutland Sheffield Sivell Smith of Forsyth Smith of Lamar Smith of Whitfield Smith of Bryan Souter Stephens Story Tabb
Tamplin Tarpley Taylor Todd Twitty Underwood Veal Walker of Telfair Watson Weems Wells White Willingham Wilson Wooten Young
Voting in the negative was Mr. Singer.
On the adoption of the Resolution, the ayes were 148, nays 1.
The Resolution, having received the requisite constitutional majority, was adopted.
HE 169-526c. By Mr. Pickett of Polk:
A Resolution to compensate David Tanner 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 roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Bagby Ballard Barber Barrett Baughman Birdsong Black Boggs Brackin Bradley Brennan Brooks of Oglethorpe Brooks of Fulton Broome Burkhalter Cagle Callier Carlisle
Carswell Carter Chastain Cheatham Cheek Cloud Coalson Cocke Cowart Craven Crummey Dorminy Elder Ellis Fellows Floyd Fowler of Douglas Frazier
Fuqua Gowen Green of Rabun Greene of Bartow Grimsley Gross of Stephens Hall of Floyd Hall of Lee Hardaway Harper Harrison Helms Henderson Hill Hodges of Ware Hodges of Butts Hogan Holcombe
MONDAY, FEBRUARY 10, 1958
561
Holloway
Hurst Ingle Irvin Johnson Jones of Wayne Jones of Worth Jones of Lumpkin Jones of Baker Jones of Laurens Jones of Crawford Kelley Key Kidd Killian Kimmons King Lancaster Land Lokey Love Mackay Miles Miller of Twiggs Mobley Moorman Moss
Musgrove McClelland McCracken McKenna Neese Newton Nichols Nilan Overby Palmer Parker of Pike Pelham Perkins Peters Pettey Phillips of Columbia Phillips of Walton Pickard Pickett Ramsey Raulerson Reed Roberts Ross Russell Rutland Sivell
Smith of Porsyth Smith of Lamar Smith of Whitfield Smith of Bryan Souter Story Tabb Tarpley Taylor Todd Twitty Underwood Walker of Lowndes Walker of Telfair
Watson Weems Wells White Willingham Willis Wilson Wooten Wright of Floyd Wright of Dodge Young
On the adoption of the Resolution, the ayes were 133, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
HR 184-567a. By Mr. Miles of Richmond:
A Resolution to compensate Freddie Youngblood; 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 roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Bagby Ballard Barber Barrett Baughman Birdsong Black Boggs Brackin
Bradley Brennan
Brooks of Oglethorpe Brooks of Fulton Broome Burkhalter Cagle Callier Carlisle
Carswell Carter
Chastain Cheatham Cheek Cloud Coalson Cocke Cowart
562
JOURNAL OF THE HOUSE,
Craven Crummey Dorminy Elder Ellis Fellows Floyd Fowler of Douglas Frazier Fuqua Gowen Green of Rabun Greene of Bartow Grimsley Gross of Stephens Hall of Floyd Hall of Lee Hardaway Harper Harrison Helms Henderson Hill Hodges of Ware Hodges of Butts Hogan Holcombe Holloway Hurst Ingle Irvin Johnson Jones of Wayne Jones of Worth Jones of Lumpkin Jones of Baker
Jones of Laurens Jones of Crawford Kelley Key Kidd Killian Kimmons King
Lancaster Land Lokey Love
Mackay Miles Miller of Twiggs Mobley Moorman Moss Musgrove McClelland McCracken McKenna Neese Newton Nichols Nilan Overby Palmer Parker of Pike Pelham Perkins Peters Pettey Phillips of Columbia Phillips of Walton Pickard
Pickett Ramsey Raulerson Reed Roberts Ross Russell Rutland Sivell Smith of Forsyih Smith of Lamar Smith of Whitfield Smith of Bryan Souter Story Tabb Tarpley Taylor Todd Twitty Underwood Walker of Lowndes Walker of Telfair Watson Weems Wells White Willingham Willis Wilson Wooten Wright of Floyd Wright of Dodge Young
On the adoption of the Resolution, the ayes were 133, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
HR 198-610b. By Mr. Overby of Hall:
A Resolution to compensate Archie Lamar Simmons; 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 roll call was ordered and the vote was as follows:
Bagby Ballard Barber
Barrett Baughman Birdsong
Black
Boggs Brackin
MONDAY, FEBRUARY 10, 1958
563
Bradley Brennan Brooks of Oglethorpe Brooks of Fulton Broome Burkhalter Cagle Callier Carlisle Carswell Carter Chastain Cheatham Cheek Cloud Coalson Cocke Cowart Craven Crummey Dorminy Elder Ellis Fellows Floyd Fowler of Douglas Frazier Fuqua Gowen Green of Rabun Greene of Bartow Grimsley Gross of Stephens Hall of Floyd Hall of Lee Hardaway Harper Harrison Helms Henderson Hill Hodges of Ware
Hodges of Butts Hogan Holcombe Holloway Hurst Ingle Irvin Johnson Jones of Wayne Jones of Worth Jones of Lumpkin Jones of Baker Jones of Laurens Jones of Crawford Kelley Key Kidd Killian Kimmons King Lancaster Land Lokey Love Mackay Miles Miller of Twiggs Mobley Moorman Moss Musgrove McClelland McCracken McKenna Neese Newton Nichols Nilan Overby Palmer Parker of Pike Pelham
Perkins Peters Pettey Phillips of Columbia Phillips of Walton Pickard Pickett Ramsey Raulerson
Reed Roberts Ross Russell Rutland Sivell Smith of Forsyth Smith of Lamar Smith of Whitfield Smith of Bryan Souter Story Tabb Tarpley Taylor Todd Twitty Underwood Walker of Lowndes Walker of Telfair Watson Weems Wells White Willingham Willis Wilson Wooten Wright of Floyd Wright of Telfair Young
On the adoption of the Resolution, the ayes were 133, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
HR 261-662k. By Messrs. Miles and Brennan of Richmond:
A Resolution to compensate Mrs. Josie Mae Newman; and for other purposes.
The report of the committee which was favorable to the adoption of the Resolution, was agreed to.
564
JOURNAL OF THE HOUSE,
On the adoption of the Resolution, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Bagby Ballard Barber Barrett Baughman Birdsong Black Boggs Brackin Bradley Brennan Brooks of Oglethorpe Brooks of Fulton Broome Burkhalter Cagle Callier Carlisle Carswell Carter Chastain Cheatham Cheek Cloud Coalson Cocke Cowart Craven Crummey Dorminy Elder Ellis Fellows Floyd Fowler of Douglas Frazier Fuqua Gowen Green of Rabun Greene of Bartow Grimsley Gross of Stephens Hall of Floyd Hall of Lee Hardaway
Harper Harrison Helms Henderson Hill
Hodges of Ware Hodges of Butts Hogan Holcombe Holloway Hurst Ingle Irvin Johnson Jones of Wayne Jones of Worth Jones of Lumpkin Jones of Baker Jones of Laurens Jones of Crawford Kelley Key Kidd Killian Kimmons King Lancaster Land Lokey Love Mackay Miles Miller of Twiggs Mobley Moorman Moss Musgrove McClelland McCracken McKenna Neese Newton Nichols Nilan Overby
Palmer Parker of Pike Pelham Perkins Peters Pettey Phillips of Columbia Phillips of Walton Pickard Pickett Raulerson Ramsey Reed Roberts Ross Russell Rutland Sivell Smith of Bryan Smith of Forsyth Smith of Lamar Smith of Whitfield Souter Story Tabb Tarpley Taylor Todd Twitty Underwood Walker of Lowndes Walker of Telfair Watson Weems Wells White Willingham Willis Wilson Wooten Wright of Floyd Wright of Dodge Young
On the adoption of the Resolution, the ayes were 133, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
MONDAY, FEBRUARY 10, 1958
565
HR 281-702c. By Mr. Overby of Hall:
A Resolution to compensate John Henry Chapman; 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 roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Bagby Ballard Barber Barrett Baughman Birdsong Black Boggs Brackin
Bradley Brennan Brooks of Oglethorpe Brooks of Fulton
Broome Burkhalter Cagle Callier Carlisle Carswell Carier Chastain Cheatham Cheek Cloud Coalson
Cocke Cowart Craven Crummey Dorminy Elder Ellis
Fellows Floyd Fowler of Douglas Frazier Fuqua Gowen Green of Rabun Greene of Bartow Grimsley Gross of Stephens
Hall of Floyd Hall of Lee Hardaway Harper Harrison Helms Henderson Hill Hodges of Ware Hodges of Butts Hogan Holcombe Holloway Hurst Ingle Irvin Johnson Jones of Wayne Jones of Worth Jones of Lumpkin Jones of Baker Jones of Laurens Jones of Craw-ford Kelley Key Kidd Killian Kimmons King Lancaster
Land Lokey Love Mackay Miles Miller of Twiggs Mobley Moorman Moss Musgrove McClelland McCracken
McKenna Neese Newton Nichols Nilan Overby Palmer Parker of Pike Pelham Perkins Peters Pettey Phillips of Columbia Phillips of Walton Pickard Pickett Ramsey Raulerson Reed Roberts Ross Russell Rutland Sivell Smith of Forsyth Smith of Lamar Smith of Whitfield Smith of Bryan Souter Story Tabb Tarpley Taylor Todd Twitty Underwood Walker of Lowndes Walker of Telfair Watson Weems Wells White
666
JOURNAL OP THE HOUSE,
Willingham Willis Wilson
Wooten Wright of Floyd Wright of Dodge
Young
On the adoption of the Resolution, the ayes were 133, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
HR 298-744b. By Mr. Tamplin of Morgan: A Resolution to compensate Mrs. W. F. Manley; and for other purposes.
The report of the committee which was favorable to the adoption of the Resoluton, 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.
Bagby Ballard Barber Barrett Baughman Birdsong Black
Brackin Bradley Brennan Brooks of Oglethorpe Brooks of Fulton Broome Burkhalter Cagle Callier Carlisle Carswell Carter Chastain Cheatham Cheek Cloud Coalson Cocke Cowart Craven Crummey Dorminy Elder Ellis Fellows Floyd
Fowler of Douglas Frazier Fuqua Gowen Green of Rabun Greene of Bartow Grimsley Gross of Stephens Hall of Floyd Hall of Lee Hardaway Harper Harrison Helms Henderson Hill
Hodges of Ware Hodges of Butts Hogan Holcombe Holloway Hurst Ingle Irvin Johnson Jones of Wayne Jones of Worth Jones of Lumpkin Jones of Baker Jones of Laurens Jones of Crawford Kelley Key Kidd
Killian Kimmons King Lancaster Land Lokey Love Mackay Miles Miller of Twiggs Mobley Moorman Moss Musgrove McClelland McCracken McKenna Neese Newton Nichols Nilan
Overby Palmer Parker of Pike Pelham Perkins Peters Pettey Phillips of Columbia Phillips of Walton Pickard Pickett Ramsey Raulerson
MONDAY, FEBRUARY 10, 1958
567
Reed Roberts Ross Russell Rutland Sivell Smith of Porsyth Smith of Lamar Smith of Whitfield Smith of Bryan Souter
Story Tabb Tarpley Taylor Todd Twitty Underwood Walker of Lowndes Walker of Telfair Watson Weems
Wells White Willingham Willis Wilson Wooten Wright of Floyd Wright of Dodge Young
On the adoption of the Resolution, the ayes were 133, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
HR 311-772b. By Mr. Overby of Hall:
A Resolution to authorize compensation to Hoyt Wehunt; 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 roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.
Bagby Ballard Barber Barrett Baughman Birdsong Black Boggs Brackin Bradley Brennan Brooks of Oglethorpe Brooks of Fulton Broome Burkhalter
Cagle Callier Carlisle Carswell Carter Chastain Cheatham Cheek Cloud Coalson
Cocke Cowart Craven Crummey Dorminy Elder Ellis Fellows Floyd Fowler of Douglas Frazier
Fuqua Gowen Green of Rabun Greene of Bartow Grimsley Gross of Stephens Hall of Floyd Hall of Lee Hardaway Harper Harrison Helms Henderson Hill
Hodges of Ware Hodges of Butts Hogan Holcombe Holloway Hurst Ingle Irvin Johnson Jones of Wayne Jones of Worth Jones of Lumpkin Jones of Baker Jones of Laurens Jones of Crawford Kelley Key Kidd Killian Kimmons King Lancaster Land Lokey Love
568
JOURNAL OF THE HOUSE,
Mackay Miles Miller of Twiggs Mobley Moorman Moss Musgrove McClelland McCracken McKenna
Neese Newton Nichols Nilan Overby Palmer Parker of Pike
Pelham Perkins
Peters
Pettey Phillips of Columbia Phillips of Walton Pickard Pickett Ramsey Raulerson Reed Roberts Ross Russell Rutland Sivell Smith of Forsylh Smith of Lamar Smith of Whitfield Smith of Bryan Souter Story Tabb
Tarpley Taylor Todd Twitty Underwood Walker of Lowndes Walker of Telfair Watson Weems Wells White Willingham Willis Wilson Wooten Wright of Floyd Wright of Dodge Young
On the adoption of the Resolution, the ayes were 133, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
HR 258-662h. By Mr. Frazier of Jeff Davis:
A Resolution authorizing the transfer of the State Farmers' Market property at Hazlehurst to the Jeff Davis County Board of Education; and for other purposes.
The report of the committee which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.
Bagby Ballard Barber Barrett Baughman Birdsong Black Blalock of Cowe'.a
Brackin Bradley Brooks of Oglethorpe
Broome Budd Burkhalter
Callier A. Campbell of
Walker W. Campbell of
Walker Carswell Chastain Cheatham Cheek Cloud Coalson Cocke Cowart Crummey
Denmark Dorminy Echols Elder Ellis Fellows
Fowler of Douglas Fowler of Treutlen Frazier Fuqua Gowen Green of Rabun Greene of Bartow Griffith
MONDAY, FEBRUARY 10, 1958
569
Gross of Stephens Hall of Lee Hardaway Harrison Hawkins Helms Henderson Hill Hodges of Ware Hodges of Butts Hogan Holcombe Holloway Huddleston Hurst Ingle Irvin Jessup Jones of Wayne Jones of Worth Jones of Lumpkin Jones of Baker Jones of Laurens Jones of Crawford
Kelley Key Kidd Killian Kimmons King Lam Lancaster Lanier
Lindsey Lokey Love Mackay Martin Matthews Miles Mobley Moorman Morris Moss Murphy McClelland McCracken Neese Newton Nichols Nilan Overby Parker of Pike Parker of Ware Parker of Appling Perkins Perry Peters Phillips of Columbia Phillips of Walton Pickett Ramsey Raulerson Ray Reed Roberts
Rogers of Heard Ross Rowland Scoggin Sheffield
Sivell Smith of Forsyth Smith of Emanuel Smith of Lamar Smith of Whitfield Smith of Bryan Souter Story Tabb Tamplin Tarpley Taylor Todd Truelove Twitty Underwood Veal Walker of Lowndes Walker of Telfair
Watson Weems Wells White Willis Wooten Wright of Dodge
Young
Voting in the negative was Mr. Winkle.
On the adoption of the Resolution, the ayes were 138, nays 1.
The Resolution, having received the requisite constitutional majority, was adopted.
HR 287-703a. By Mr. Hawkins of Screven: A Resolution authorizing the conveyance of certain property in Coffee 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 roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Bagby Ballard
Barber Barrett
Baughman Birdsong
570
JOURNAL OF THE HOUSE,
Black Blalock of Coweta Brackin Bradley Brooks of Oglethorpe Broome Budd Burkhalter Callier A. Campbell of
Walker W. Campbell of
Walker Carswell Chastain Cheatham Cheek Cloud Coalson Cocke Cowart Crummey Denmark Dorminy Echols Elder Ellis Fellows Fowler of Douglas Fowler of Treutlen
Frazier Fuqua Gowen Green of Rabun Greene of Bartow Griffith Gross of Stephens
Hall of Lee Hardaway Harrison Hawkins Helms Henderson Hill Hodges of Ware
Hodges of Butts Hogan Holcombe Holloway Huddleston Hurst Ingle Irvin Jessup Jones of Wayne Jones of Worth Jones of Lumpkin Jones of Baker Jones of Laurens Jones of Crawford Kelley Key Kidd Killian Kimmons King Lam Lancaster Lanier Lindsey Lokey Love Mackay Martin Matthews Miles Mobley Moorman Morris Moss Murphy McClelland McCracken Neese Newton Nichols Nilan Overby Parker of Pike Parker of Ware
Parker of Appling Perkins Perry Peters Phillips of Columbia Phillips of Walton Pickett Ramsey Raulerson Ray Reed Roberts Rogers of Heard Ross Rowland Scoggins Sheffield Sivell Smith of Forsyth Smith of Emanuel Smith of Lamar Smith of Whitfield Smith of Bryan Souter Story
Tabb Tamplin Tarpley Taylor Todd Truelove Twitty Underwood Veal Walker of Lowndes Walker of Telfair
Watson Weems Wells White Willis Wooten Wright of Dodge
Young
Voting in the negative was Mr. Winkle.
On the adoption of the Resolution, the ayes were 138, nays 1.
The Resolution, having received the requisite constitutional majority, was adopted.
HR 314-772e. By Mr. Walker of Telfair: A Resolution to authorize the Governor acting on behalf of the State
MONDAY, FEBRUARY 10, 1958
571
of Georgia to convey certain property in Telfair County to Telfair 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 roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Bagby Ballard Barber Barrett Baughman Birdsong Black Blalock of Coweta Brackin Bradley Brooks of Oglethorpe Broome Budd Burkhalter Callier A. Campbell of
Walker W. Campbell of
Walker Carswell Chastain Cheatham Cheek Cloud Coalson Cocke Cowart Crummey Denmark Dorminy Echols Elder Ellis Fellows Fowler of Douglas Fowler of Treutlen Frazier Fuqua Gowen Green of Rabun Greene of Bartow Griffith Gross of Stephens Hall of Lee
Hardaway Harrison Hawkins Helms Henderson Hill Hodges of Ware Hodges of Butts Hogan Holcombe Holloway Huddleston Hurst Ingle Irvin Jessup Jones of Wayne Jones of Worth Jones of Lumpkin Jones of Baker Jones of Laurens Jones of Crawford Kelley Key Kidd Killian Kimmons King Lam Lancaster Lanier Lindsey Lokey Love Mackay Martin Matthews Miles Mobley Moorman Morris Moss Murphy McClelland
McCracken Neese Newton Nichols Nilan Overby Parker of Pike Parker of Ware Parker of Appling Perkins Perry Peters Phillips of Columbia Phillips of Walton Pickett Ramsey Raulerson Ray Reed Roberts Rogers of Heard Ross Rowland Scoggin Sheffield Sivell Smith of Forsyth Smith of Emanuel Smith of Lamar Smith of Whitfield Smith of Bryan Souter Story Tabb Tamplin Tarpley Todd Truelove Twitty Underwood Veal Walker of Lowndes Walker of Telfair Watson
572
JOURNAL OF THE HOUSE,
Weems Wells White
Willis Wooten Wright of Dodge
Young
Voting in the negative was Mr. Winkle.
On the adoption of the Resolution, the ayes were 138, nays 1.
The Resolution, having received the requisite constitutional majority, was adopted.
HR 340-806b. By Mr. Hurst of Quitman:
A Resolution to authorize the conveyance of certain property to the Town of Georgetown; 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 roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Bagby Ballard Barber Barrett Baughman Birdsong Black Blalock of Coweta Brackin Bradley Brooks of Oglethorpe Broome Budd Burkhalter Callier A. Campbell of
Walker W. Campbell of Carswell Chastain Cheatham Cheek Cloud Coalson Cocke Cowart Crummey Denmark Dorminy Echols Elder
Ellis Fellows Fowler of Douglas Fowler of Treutlen Frazier Fuqua Gowen Green of Rabun Greene of Bartow Griffith Gross of Stephens Hall of Lee Hardaway Harrison Hawkins Helms Henderson Hill Hodges of Ware Hodges of Butts Hogan Holcombe Holloway Huddleston Hurst Ingle Irvin Jessup Jones of WTayne Jones of Worth Jones of Lumrokin
Jones of Baker Jones of Laurens Jones of Crawford Kelley Key Kidd Killian Kimmons King Lam Lancaster Lanier Lindsey Lokey Love Mackay Martin Matthews Miles Mobley Moorman Morris Moss Murphy McClelland McCracken Neese Newton Nichols Nilan
Overby
MONDAY, FEBRUARY 10, 1958
573
Parker of Pike
Parker of Ware Parker of Appling Perkins Perry Peters Phillips of Columbia Phillips of Walton Pickett Ramsey Raulerson Ray Reed Roberts Rogers of Heard Ross
Rowland
Scoggin Sheffield Sivell Smith of Forsyth Smith of Emanuel Smith of Lamar Smith of Whitfield Smith of Bryan Souter Story Tabb Tamplin Tarpley Taylor Todd
Truelove
Twitty Underwood Veal Walker of Lowndes Walker of Telfair Watson Weems Wells White Willis Wooten Wright of Dodge Young
Voting in the negative was Mr. Winkle.
On the adoption of the Resolution, the ayes were 138, nays 1.
The Resolution, having received the requisite constitutional majority, was adopted.
HR 333-787b. By Mr. McClelland of Fulton:
A Resolution declaring certain property surplus, and authorizing the Governor to sell such property; and for other purposes.
By unanimous consent, further consideration of HR 333-787b was postponed until Tuesday morning, February 11, 1958.
The following Resolution of the House was read and adopted:
HR 421. By Mr. Hurst of Quitman:
A RESOLUTION
Inviting Judge George Wallace, of Clayton, Alabama, to address the House of Representatives of Georgia, and for other purposes.
WHEREAS, Judge George Wallace nominated Senator Dick Rus sell for President at the 1948 Democratic National Convention, and
WHEREAS, he was a member of the Platform Committee at the Democratic National Convention in 1956, and
WHEREAS, he appeared before the House Judiciary Committee against the Civil Rights Bill in 1957, and
WHEREAS, he is an outstanding advocate of local and Constitu tional Government, and
WHEREAS, he has closed his records to Civil Rights investigators, and once stated he would order the arrest of any F.B.I, agent who attempted to investigate the jury boxes of his Circuit, and
574
JOURNAL OF THE HOUSE,
WHEREAS, he led the fight for Alabama in the National Conven tion against the so-called Civil Rights proposals,
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that Judge George Wallace is hereby extended an invitation to address a joint session of the House and Senate on Wednesday, February 12, 1958, at 11 o'clock A. M.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby directed to transmit a copy of this resolution to Judge George Wallace.
The following Resolution of the House was read and referred to the com mittee on Welfare:
HR 422. By Mr. Broome of Bacon:
A RESOLUTION
Relative to establishing Alma as the emergency capital city of Georgia; and for other purposes.
WHEREAS, during today's continuing period of cold war and competition of the Sputniks there is always the possibility of eruption of conflict into real war with the nuclear bombing of American cities by Russian missiles, and
WHEREAS, Atlanta is a vital United States city and the hub of the Southeastern industry and the seat of numerous defense and defense-related industries and therefore a likely target for enemy bombing, and
WHEREAS, Atlanta's destruction in a nuclear war or the pos sible destruction of the capitol and other State buildings by a tornado or other natural disaster would leave the State of Georgia without a capitol city for the conduct of its necessary governmental operations, and
WHEREAS, it is incumbent upon this General Assembly to take action prior to any possible such war condition to be sure that the essential governmental services of the State of Georgia can be car ried on in time of emergency, and
WHEREAS, in the year 1952 the City of Alma was chosen as the most progressive Georgia city under 20,000 population with more than 300 cities competing and in three other years, in 1953, 1951 and 1950, Alma was selected as one of the top four cities in the State, and
WHEREAS, Alma is located conveniently to such great cities as Atlanta, Savannah, Jacksonville, Florida, Waycross and Brunswick, but is nonetheless located in a pineland paradise of rural fastness in which it is not likely that any nuclear bomb shall fall, and
WHEREAS, the City of Alma has excellent postal, telephone, telegraph, newspaper, radio, television and air facilities, and
WHEREAS, Alma has an airport with a 4,000 foot sodded run way and a CAA weather and communications station and is located only 27 miles from a commercial airline airport at Waycross, and
MONDAY, FEBRUARY 10, 1958
575
WHEREAS, officials of the City of Alma, Georgia, and the County of Bacon and citizens thereof are anxious and patriotic in doing their duty and are desirous of having the State use Alma as an emergency capitol site, and
WHEREAS, the City of Alma was originally named for four of Georgia's capitol cities; Augusta, Louisville, Milledgeville and Atlanta, and
WHEREAS, it is imperative that this General Assembly take early action to resolve the question of an emergency capitol for Geor gia in time of nuclear war.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the City of Alma, Georgia, in Bacon County in Georgia's pineland paradise be designated by the General Assembly of Georgia as suitable for Georgia's emergency capitol and that upon passage of proper enabling legislation and proclamation by proper officials of the City of Alma, Georgia, in Bacon County may be so designated as Georgia's emergency capital city and the necessary emergency facilities for use in time of emergency be estab lished there.
Under the order of business established by the Committee on Rules, the following Bills and Resolution of the House were taken up for consideration and read the third time:
HB 773. By Messrs. Hawkins of Screven and Jessup of Bleckley:
A Bill to be entitled an Act to authorize the various departments and agencies of the State to deduct from the salaries and wages of State employees, amounts for the payment of deposits and payments of loans to credit unions within such departments and agencies; 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.:
Ballard Barber Barrett Baughman Birdsong Blalock Boggs Brooks of Oglethorpe Broome
Budd Busbee Cagle Caldwell Callier A. Campbell of
Walker W. Campbell of
Walker
Carswell Cheatham Cloud Cocke Cowart Denmark Duncan Echols Elder
576
JOURNAL OF THE HOUSE,
Ellis Fellows Fowler of Douglas Fowler of Treutlen Fuqua Gowen Green of Rabun Gross of Stephens Gross of Dade Hall of Floyd Hall of Lee Hardaway Harper Harrison Hawkins Helms Henderson Hodges of Ware Hodges of Butts Hogan Holcombe Holloway Hurst Ingle Irvin Johnson Jones of Wayne Jones of Worth Jones of Lumpkin Jones of Laurens Jones of Crawford Kelley Key Killian Kimmons
King Lam Lancaster Land Lanier Lee Lindsey Lokey Long Love Mackay Martin Miles Miller of Elbert Mobley Moorman Moss Murphy Murr Musgrove McCracken McGibony McKenna Neese Newton Nichols Orr Overby Parker of Pike Parker of Ware Parker of Appling Payton Perkins Perry Ramsey
Raulerson Ray Ross Rowland Russell Scoggin Sheffield Smith of Forsyth Smith of Whitfield Smith of Bryan Souter Stephens Story Tabb Tamplin Tarpley Taylor Todd Underwood Veal Walker of Lowndes Watson Weems Wells White Willingham Willis Wilson Winkle Wooten Wright of Floyd Yandle Young
On the passage of the Bill, the ayes were 128, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 779. By Mr. Lindsey of Spalding: A Bill to be entitled an Act to amend an Act providing for the regis tration and protection of trade-marks; 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 10, 1958
577
Those voting in the affirmative were Messrs.:
Adams Alien Bagby Ballard Barber Barrett Baughman Birdsong Black Blalock of Coweta Blalock of Clayton Bodenhamer Boggs Brackin Brennan Brooks of Oglethorpe Broome Budd Busbee Cagle Caldwell Callier A. Campbell of
Walker W. Campbell of
Walker Cloud Coalson Cocke Cowart Denmark Dorminy Duncan Echols Elder Fellows Fowler of Douglas Fowler of Treutlen Frazier Fuqua Gowen Green of Rabun Griffith Gross of Stephens Gross of Dade Gunter Hall of Floyd Hall of Lee Hardaway Harper
Harrison Hawkins Henderson Hendrix Hill Hodges of Ware Hodges of Butts Hogan Holcombe Holloway Hurst Ingle Irvin Jessup Johnson Jones of Wayne Jones of Worth Jones of Lumpkin Jones of Baker Jones of Laurens Jones of Crawford Kelley Key Kidd Killian Kimmons Lam Lancaster Lanier Larkins Lee Lindsey Lokey Long Love Mackay Mann Martin Matthews Miles Miller of Elbert Mobley Moorman Morris Moss Murphy Murr Musgrove McCracken McGibony
McKenna Neese Newton Nichols Odom Orr Overby Parker of Pike Parker of Ware Parker of Appling Payton Perkins Perry Phillips of Walton Pickett Raulerson Ray Reed Roberts Rogers of Heard Ross Rowland Scoggin Smith of Forsyth Smith of Lamar Smith of Whitfield Smith of Bryan Souter Stephens Story Tabb Tamplin Tarpley Taylor Todd Underwood Veal Walker of Lowndes Watson Weems Wells White Willingham Willis Wilson Winkle Wooten Wright of Floyd Yandle Young
On the passage of the Bill, the ayes were 148, nays 0.
The Bill, having receiced the requisite constitutional majority, was passed.
578
JOURNAL OF THE HOUSE,
HB 857. By Mr. Fowler of Douglas:
A Bill to be entitled an Act to amend an Act providing for the estab lishment of a Department of Labor; and for other purposes.
The following amendment was read and adopted:
Mr. Fowler of Douglas moves to amend HB 857 by adding between the words "posted in" in paragraph "h", line 1, the following words, "at his discretion".
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 roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Ballard Barber Barrett Baughman Birdsong Black Blalock of Coweta Blalock of Clayton Bodenhamer Boggs Brennan Broome Budd Cagle Callier A. Campbell of
Walker W. Campbell of
Walker Carlisle Carter Chastain Cloud Coalson Cocke Cowart Crummey Dorminy Duncan Elder Ellis Fellows
Fowler of Douglas Fowler of Treutlen Frazier Fuqua Gowen Green of Rabun Grimsley Gross of Stephens Hall of Lee Harper Harrison Hawkins Henderson Hendrix Hill Hodges of Ware Hodges of Butts Hogan Holcombe Holloway Hurst Ingle Irvin Johnson Jones of Wayne Jones of Worth Jones of Lumpkin Jones of Laurens Jones of Crawford Kelley Key Kidd Killian
Lam Lancaster Land Lee Long Lott Martin Miles Miller of Elbert Mobley Morris Moss Murphy Murr McCracken McGibony Neese Newton Nichols Orr Parker of Pike Paker of Ware Parker of Appling Payton Perkins Perry Phillips of Walton Pickett Ramsey Ray Reed Roberts Rodgers of Charlton
MONDAY, FEBRUARY 10, 1958
579
Rogers of Heard Rowland Scoggin Smith of Forsyth Smith of Lamar Smith of Fulton Smith of Whitfield Souter
Story Summers Tabb Tamplin Tarpley Taylor Todd Underwood
Walker of Telfair Watson Wells Willingham Willis Winkle Wooten
Those voting in the negative were Messrs.:
Mackay
McWhorter
Young
On the passage of the Bill, as amended, the ayes were 120, nays 3.
The Bill, having received the requisite constitutional majority, was passed, as amended.
HB 240. By Messrs. Scoggin, and Wright of Floyd, Fowler of Douglas, Murphy of Haralson and Tamplin of Morgan:
A Bill to be entitled an Act to amend an Act known as the Georgia Food 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 roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Alien
Ballard Barber Barrett Baughman Birdsong Black
Blalock of Coweta Bodenhamer Boggs Brackin Brooks of Oglethorpe Broome Budd Burkhalter Cagle
Callier
A. Campbell of Walker
W. Campbell of Walker
Carlisle Carr Carswell Carter
Cheatham Cheek Cloud Cocke Crummey Dorminy Elder Fellows Fordham
Fowler of Douglas
Fowler of Treutlen Frazier
Fuqua Gowen Green of Rabun Griffith Grimsley Gross of Stephens
Gunter Hall Hardaway Harper Harrison Hawkins Henderson Hodges of Ware Hodges of Butts
Hogan
580
JOURNAL OF THE HOUSE,
Holcombe Holloway Hurst Ingle Irvin Johnson Jones of Wayne Jones of Worth Jones of Lumpkin Jones of Laurens Jones of Crawford Kelley Key Killian Kimmons King Lam Lancaster Land Lanier Long Lott Mackay Martin Miles Miller of Elbert
Mobley Morris Moss Murphy Murr Musgrove McCracken McGibony McKenna Neese Newton Nichols Orr Overby Parker of Pike Parker of Appling Payton Perkins Perry Peters Pickett Ramsey Ray Reed Roberts Rogers of Heard
Rowland Scoggin Sivell Smith of Forsyth Smith of Lamar Smith of Whitfield Smith of Bryan Souter Story Summers Tabb Tamplin Taylor Todd Underwood Walker of Lowndes Walker of Telfair Watson Weems Wells Willis Wilson Winkle Wooten Wright of Floyd Young
On the passage of the Bill, the ayes were 130, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HR 347-827e. By Mr. Jones of Lumpkin:
A Resolution authorizing the Governor to provide funds for school purposes in hardship cases in Lumpkin 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 Ballard Barber Barrett Baughman Birdsong
Black Blalock of Clayton Bodenhamer Boggs Broome Cagle
Caldwell A. Campbell of
Walker W. Campbell of
Walker Carswell
MONDAY, FEBRUARY 10, 1958
581
Cartei-
Cheek Cloud Coalson Cocke Cowart Dorminy Echols Ellis Floyd Fowler of Douglas Fowler of Treutlen Frazier Gross of Stephens Hall of Lee Harper Hawking Helms Hill Hogan Holcombe Holloway Huddleston Hurst Ingle Irvin Jessup Johnson
Jones of Wor^h Jones of Lurnpkin Jones of Laurens Jones of Crawford Kelley King Land Lanier Lee Lokey Long Mackay Martin Matthews Miller of Twiggs Mobley Morris Moss Murphy Murr Musgrove McClelland McWhorter Neese Nichols Orr Palmer Parker of Appling
Payton Pickett Ramsey Ray Reed Rogers of Heard Russell Rutland Scoggin Sheffield Sivell Smith of Forsyth Smith of Whitfield Story Tamplin Tarpley Taylor Twitty Underwood Watson Wells Willingham Wilson Winkle Wooten Wright of Floyd Yandle
Those voting in the negative were Messrs.:
Brennan Elder Fellows Grimsley Hodges of Ware
Kimmons Lam Larkins Lindsey Parker of Ware
Roberts Smith of Bryan Summers Walker of Lowndes
On the adoption of the Resolution, the ayes were 99, nays 14.
The Resolution, having failed to receive the requisite constitutional majority, was lost.
Mr. Jones of Lumpkin gave notice that at the proper time he would move that the House reconsider its action in failing to pass HR 347-827e.
By unanimous consent, the following Bill of the House was withdrawn from the Committee on Local Affairs, and recommitted to the committee on Natural Resources:
HB 973. By Messrs. Musgrove of Clinch, Smith of Emanuel and Cloud of Decatur: A Bill to be entitled an Act to repeal an Act to authorize the state or any county, municipality, corporation or other political subdivision, to sell, lease, grant or otherwise dispose of any property in interest therein, comprising parks, playgrounds, golf courses, which has been dedicated for public use; and for other purposes.
582
JOURNAL OF THE HOUSE,
Under the order of business established by the Committee on Rules, the following Bills and Resolutions of the House were taken up for consideration and read the third time:
HB 799. By Messrs. Broome of Bacon, Hawkins of Screven, Jessup of Bleckley, Sheffield of Brooks and Moate of Hancock:
A Bill to be entitled an Act to provide for a method of retraction of libelous statements made by newspapers which shall relieve such news paper from being liable for punitive 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 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 Ballard Barber Barrett Baughman Birdsong Black Blalock of Coweta Blalock of Clayton Boggs Brackin Brennan Brooks of Oglethorpe Brooks of Wilson Broome Budd Busbee Cag-le Caldwell Callier A. Campbell of
Walker W. Campbell of
Walker Carlisle Carr Carswell Carter Cheatham Cheek Coalson Cowart
Craven Dorminy Duncan Echols Elder Ellis Eyler Fellows Floyd Flynt
Fordham Fowler of Douglas Frazier Fuqua Gowen Green of Rabun Griffith Grimsley Gross of Stephens Gross of Dade Gunter Hall of Floyd Hall of Lee Hardaway Harper Harrison Hawkins Henderson Hill Hodges of Ware Hogan Holcombe
Holloway Huddleston Hurst Ingle Irvin Johnson Jones of Wayne Jones of Laurens Jones of Crawford Kelley Key Kidd Killian Kimmons Lam Land Lanier Larkins Lee Lindsey Lokey Long Lott Mackay Martin Matthews Miles Mobley Moorman Morris Moss Murphy
MONDAY, FEBRUARY 10, 1958
583
Murr Musgrove McClelland McGibony McKenna McWhorter Neese Newton Nichols Odom Orr Overby Parker of Pike Parker of Appling Payton Perkins Peters Phillips of Walton Ramsey
Raulerson Ray Reed Roberts Rogers of Heard Rowland Russell Scoggin Sheffield Sivell Smith of Porsyth Smith of Lamar Smith of Fulton Smith of Whitfield Smith of Bryan Stephens Story Summers Tabb
Tamplin Taylor Truelove Twitty Underwood Veal Walker of Lowndes Watson Weems Wells White Willingham Wilson Winkle Wooten Yandle Young
On the passage of the Bill, the ayes were 149, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 892. By Messrs. W. Campbell and A. Campbell of Walker, Hall of Floyd, Pickett of Polk, Bagby of Paulding, Nilan of Muscogee, Gross of Dade, and Murr of Sumter:
A Bill to be entitled an Act to authorize the State Board of Education to provide educational and training services for severely mentally retarded children; and for other purposes.
By unanimous consent, further consideration of HB 892 was postponed until Tuesday morning, February 11, 1958.
HB 695. By Mr. Carter of Hart: A Bill to be entitled an Act to provide for nominations of persons to be elected, selected or appointed by the Grand Jury of a county; and for other purposes.
The following amendment was read and adopted:
Mr. Payton of Coweta moves to amend Section 2 by adding the following sentence:
The Clerk of the Superior Court shall publish the names of all persons so nominated in the official organ of said county, the week prior to the meeting of the Grand Jury.
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.
584
JOURNAL OF THE HOUSE,
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 Bagby Ballard Barber Barrett Birdsong Blalock of Coweta Boggs Bradley Brooks of Oglethorpe Brooks of Fullon Broome Budd Burkhalter Cagle Caidwell A. Campbell of
Walker W. Campbell of
Walker Carlisle Carter Cheatham Cheek Coalson Cowart Crummey Denmark Dorminy Echols Eilis Eyler Fellows Fordham Frazier Fuqua Gowen Green of Rabun
Greene of Bartow Grimsley Gross of Stephens Gross of Dade Hall of Floyd Hall of Lee Hardaway Harper Harrison Hawkins Helms Hodges of Ware Hodges of Butts Holcombe Huddleston Hurst Ingle Irvin Jessup Jones of Sumter Kidd Kimmons Lam Lindsey Lokey Lott Love Martin Matthews Miles Miller of Elbert Moorman Moss Murphy Murr Musgrove McClelland McCracken
McGibony McKenna Neese Newton Odom Orr Overby Parker of Pike Parker of Appling Payton Perkins Peters Phillips of Columbia Raulerson Reed Roberts Rodgers of Charlton Rogers of Heard Russell Scoggin Short Smith of Forsyth Smith of Emanuel Smith of Whitfield
Story Tarpley Truelove Twitty Underwood Walker of Telfair WT atson Weems Willingham Wilson Winkle Yandle Young
Those voting in the negative were Messrs.:
Baughman Black Brackin Carswell Chastain Cloud Floyd Flynt Freeman Henderson
Hill Hogan Johnson Jones of Laurens Jones of Crawford Kelley Key Killian Lanier Larkins
Lee Long Miller of Elbert Mobley Morris McWhorter Pettey Phillips of Walton Ramsey Ray
MONDAY, FEBRUARY 10, 1958
585
Ross Rtuland Smith of Lamar
Smith of Bryan Taylor Todd
Wells Willis Wooten
On the passage of the Bill, as amended, the ayes were 111, nays 39.
The Bill, having received the requisite constitutional majority, was passed, as amended.
HR 142-429b. By Messrs. Musgrove of Clinch and Hall of Floyd:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide the State Board of Education with the authority to grant scholarships for teachers; to provide for the terms and conditions of such scholarships; to authorize the General Assembly to provide funds to carry out the purposes of this Resolution; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article VII, Section I, Paragraph II of the Constitution of the State of Georgia shall be amended by adding at the end thereof a new paragraph as follows:
"The State Board of Education shall have the authority to grant to citizens who are interested in becoming teachers and who are bona fide residents of the State of Georgia such scholarships as are necessary for them to complete programs of study in prepa ration for teaching. The terms and conditions thereof shall be prescribed and regulated by the State Board of Education but shall include the condition that recipients of such scholarships shall, upon the completion of their programs of study, teach in the public schools of Georgia for a period of one year for each $1,000 received, The General Assembly shall have the authority to appropriate such funds to the State Board of Education as it deems wise and proper to carry out the purpose of this provision.
"It shall be the duty of the State Board of Education to receive and pass upon, allow or disallow all applications for scholarships for teachers; to contract, increase, decrease, terminate and other wise regulate all grants for scholarships; and to manage, operate and control all funds appropriated for this purpose."
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, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
586
JOURNAL OF THE HOUSE,
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"For ratification of amendment to the Constitution so as to authorize the State Board of Education to grant scholarships to citizens of Georgia to study to become teachers.
"Against ratification of amendment to the Constitution so as to authorize the State Board of Education to grant scholarships to citizens of Georgia to study to become teachers."
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 following committee amendment was read and adopted:
The committee on Education moves to amend HR 142 by including at end of 2nd sentence of the first paragraph of section one, the fol lowing amendment.
", and include the further provisions that any person using any such scholarship shall teach in the public schools of Georgia for at least three years in any event."
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 roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Ballard Barber Barrett Baughman Birdsong Black Bodenhamer Boggs Brackin Bradley
Brooks of Oglethorpe Brooks of Fulton Broome Budd Cagle Caldwell Callier A. Campbell of
Walker W. Campbell of
Walker
9
Carlisle Carr Carswell Carter Chastain Cheatham Cheek Cloud Coalson Cowart Crummey
MONDAY, FEBRUARY 10, 1958
587
Denmark Dorminy Duncan Echols Elder
Eyler Fellows Floyd Flynt Fowler of Douglas Fowler of Treutlen
Frazier Freeman Fuqua Go wen Green of Rabun Greene of Bartow Griffith Grimsley Gross of Stephens Gross of Dade Hall of Floyd Hall of Lee Hardaway Harrison Hawkins Helms Henderson Hill Hodges of Ware Hodges of Butts Hogan Huddleston Ingle Irvin Jessup Johnson Jones of Wayne Jones of Lumpkin Jones of Laurens Jones of Sumter Jones of Crawford Kelley
Key Kidd Killian Kimmons King Lam Lancaster Land Lanier Larkins Lee Lindsey Lokey Long Lott Love Mann Martin Matthews Miles Miller of Twiggs Miller of Elbert Mobley Moorman Morris Murphy Murr Musgrove McClelland McCracken McGibony McWhorter Neese Newton Nichols Odom Orr Overby Parker of Appling Payton Perkins Peters Phillips of Columbia
Phillips of Walton Pickett Ramsey Raulerson Ray
Reed Roberts Rodgers of Charlton Rogers of Heard Ross Rowland Russell Rutland Sheffield Short Sivell Smith of Forsyth Smith of Fulton Smith of Whitfield Story Summers Tabb Tamplin Tarpley Taylor Todd Truelove Twitty Walker of Telfair Weems Wells White Willingham Willis Wilson Winkle Wooten Wright of Floyd Wright of Dodge Yandle Young
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 passed, as amended.
Mr. Smith of Emanuel asked that the Journal show him as having voted "aye" on HR 142-429b.
Mr. Holcombe of Cobb moved that the following Bill of the House be taken from the table:
588
JOURNAL OP THE HOUSE,
HB 162. By Mr. Kidd of Baldwin:
A Bill to be entitled an Act to amend an Act relating to Barbers and Beauticians; and for other purposes.
The motion to take from the table was lost.
Under the order of business, established by the Committee on Rules, the following Bills of the House were taken up for consideration and read the third time:
HR 397. By Messrs. Twitty and Palmer of Mitchell, Moate of Hancock, and Smith of Emanuel:
A Resolution calling for the appointment of a study committee to probe the reason for increased insurance rates in Georgia; and for other purposes.
The following amendment was read and adopted:
Mr. Holconibe of Cobb moves to amend HR 397 by adding thereto the following concluding paragraph:
"Provided, said committee shall complete its study within ninety days from adjournment of the 1958 Session of the General Assembly and thereupon to stand discharged."
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 roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Alien Bagby Ballard Barber Barrett Baughman Birdsong Black Blalock of Coweta Blalock of Clayton Bodenhamer Boggs Brackin Bradley Brooks of Oglethorpe
Brooks of Fulton Broome Busbee Cagle Caldwell Callier A. Campbell of
Walker W. Campbell of
Walker Carlisle Carr Carswell Carter Chastain Cheatham
Cheek Cloud Coalson Cocke Cowart Crummey Dorminy Echols Elder Ellis Eyler Fellows Floyd Flynt Fowler of Douglas Fowler of Treutlen
MONDAY, FEBRUARY 10, 1958
589
Frazier
Freeman Fuqua Gowen Green of Rabun Greene of Bartow Grimsley Gross of Stephens Gross of Dade Gunter Hall of Floyd Hall of Lee Hardaway Harper Hawkins Hill Hodges of Ware Hodges of Butts Hogan Holcombe Holloway Hurst Ingle Irvin Jessup Johnson Jones of Wayne Jones of Lumpkin Jones of Laurens Jones of Sumter Jones of Crawford Kelley Key Kidd Killian Kimmons King Lam Lancaster Land
Lanier Larkins Lee Lindsey Lokey Lott Love Mackay Martin Matthews Miles Miller of Twiggs Mobley Moorman Morris Murphy Murr Musgrove McClelland McCrackin McGibony McKenna McWhorter Neese Newion Nichols Odom Orr Overby Parker of Ware Parker of Appling Payton Perkins Peters Pettey Phillips of Columbia Ramsey Raulerson Ray Reed
Roberts Rodgers of Charlton Rogers of Heard Ross Russell Rutland Scoggin Sheffield Short Sivell Smith of Forsyth Smith of Emanuel Smith of Fulton Smith of Whitfield Smith of Bryan Souter Stephens Story Summers Tabb Tamplin Tarpley Taylor Todd Truelove Twitty Underwood Veal Walker of Lowndes Weems Wells WTillingham Willis Wilson Winkle Wooten Wright of Floyd Wright of Dodge Yandle
On the adoption of the Resolution, as amended, the ayes were 165, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, as amended.
HB 665. By Mr. Caldwell of Upson:
A Bill to be entitled an Act to repeal Code Chapter 69-1 pertain to the repeal or amendment of Charters of certain cities; and for other purposes.
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.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.
Bagby Ballard Barber Barrett Baughman Birdsong Blalock of Clayton Boggs Brennan Brooks of Oglethorpe Brooks of Fulton Broome Cagle Caldwell A. Campbell of
Walker W. Campbell of
Walker Carlisle
Carr Carter Chastain Cheatham Cheek Cloud Coalson Cocke Cowart Denmark Duncan Echols Elder Ellis Eyler Fellows Floyd Flynt Fowler of Douglas Gowen Greene of Barlow
Grimsley Gunter Hall of Floyd Hall of Lee Hardaway Harper Harrison Hawkins Hogan Holcombe Holloway Huddleston Hurst Ingle Irvin Jones of Lumpkin Jones of Laurens Jones of Crawford Kelley Killian King Lam Lee Long Lott Love Mann Martin Matthews Miles Miller of Elbert Murphy Musgrove McClelland McCracken McGibony Neese Newton Nichols Nilan
Odom Orr Parker of Appling Payton Perkins Peters Pettey Pickard Pickett Ramsey Reed Roberts Rogers of Heard Ross Russell Scoggin Short Sivell Smith of Forsyth Smith of Fulton Smith of Whitfield Souter Stephens Tamplin Tarpley Twitty Veal Walker of Lowndes Walker of Telfair Weems Wells White Willingham Willis Wilson Winkle Wooten Wright of Floyd Wright of Dodge Young
Those voting in the negative were Messrs.:
Adams Fowler of Treutlen Gross of Stephens
Hodges of Ware Key Parker of Ware
Underwood Watson
On the passage of the Bill, the ayes were 118, nays 8.
MONDAY, FEBRUARY 10, 1958
591
The Bill, having received the requisite constitutional majority, was passed.
Messrs. Smith of Emanuel, Yandle of Toombs, and Lokey of McDuffie asked that the Journal show them as having voted "aye" on HB 665.
HB 767. By Messrs. Rogers of Heard, and Lanier of Candler:
A Bill to be entitled an Act to amend an Act providing for the regu lation of sale of livestock at auction; 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.:
Adams Bagby Ballard Barber Barrett Baughman Birdsong Blalock of Coweta Blalock of Clayton Bodenhamer Boggs Brackin Brennan Brooks of Oglethorpe Broome Burkhalter Cagle Carr Carswell Cheatham Cheek Cloud Coalson Cocke Cowart Crummey Denmark Dorminy Echols Ellis Eyler Fellows Fowler of Douglas
Fowler of Treutlen Frazier Gowen Greene of Bartow Griffith Gross of Stephens Gunter Hall of Lee Harper Harrison Hawkins Helms Hodges of Ware Hogan Holcombe Holloway Huddleston Hurst Ingle Irvin Johnson Jones of Lumpkin Jones of Laurens Kelley Key Kidd Killian Kimmons Lancaster Land Lanier Larkins Lee
Lindsey Lokey Lott Love Martin Matthews Miles Miller of Elbert Mobley Morris Murphy Musgrove McGibony McKenna Neese Nichols Nilan Orr Overby Parker of Ware Parker of Appling Payton Perkins Peters Pettey Pickard Pickett Ramsey Ray Reed Roberts Rodgers of Charlton Rogers of Heard
592
JOURNAL OP THE HOUSE,
Rowland Russell Scoggin Sheffield Sivell Smith of Forsyth Smith of Emanuel
Smith of Bryan Souter Summers
Tamplin Tarpley Taylor Todd Truelove Twitty Underwood
Walker of Telfair Watson Weems
Wells White Willingham Wilson Winkle Wooten Wright of Floyd
Wright of Dodge Yandle Young
On the passage of the Bill, the ayes were 128, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
Under the regular order of business, the following Bill of the House was again taken up for consideration and read:
HB 769. By Messrs. Irvin of Habersham, Hall of Floyd and Lee of Clayton:
A Bill to be entitled an Act to provide for the execution of a bond by school principals conditioned upon the true accounting of all funds and property coming into such principals' custody, control, care or posses sion; and for other purposes.
The following Amendment was read and adopted:
Messrs. Gowen and Killian of Glynn moves to amend HB 769 by adding a new Section to be appropriately numbered and to be inserted immediately before the repealing clause and to be as follows:
"This Act shall not apply to public school systems 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 roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Ballard Barber Barrett Baughman Birdsong Black Blalock of Coweta
Blalock of Clayton Bodenhamer Brackin Brennan Brooks of Fulton Broome Burkhalter Busbee
Cagle Caldwell Carlisle Carr Chastain Cheatham Cheek Cloud
MONDAY, FEBRUARY 10, 1958
593
Coalson Crummey Echols Elder Ellis Eyler Fellows Floyd Flynt Fowler of Douglas Fowler of Treutlen Fuqua Gowen Green of Rabun Greene of Bartow Gross of Stephens Gross of Bade Gunter Hall of Floyd Hall of Lee Hardaway Harper Harrison Helms Hill Hodges of Ware Hogan Holloway Hurst Ingle Irvin Jessup Johnson Jones of Wayne Jones of Lumpkin Jones of Laurens Jones of Crawford Kelley Key Kidd Killian
Kimmons King Lam Lancaster Lanier Larkins Lee Lindsey Lokey Long Lott Love Martin Matthews Miles Miller of Twiggs Miller of Elbert Mobley Moorman Morris Moss Murphy Murr Musgrove McClelland McCracken McKenna Neese Newton Nichols Odom Orr Overby Parker of Pike Parker of Ware Parker of Appling Payton Perkins Peters Pettey Phillips of Walton
Pickard Pickett Ramsey Raulerson Reed Roberts Rodgers of Charlton Rogers of Heard Ross Rowland Russell Sivell Smith of Forsyth Smith of Emanuel Smith of Lamar Smith of Fulton Smith of Whitfield Smith of Bryan Souter Story Summers Tabb Tamplin Tarpley Taylor Todd Twitty Underwood Walker of Telfair Watson Weems Wells Willingham Willis Wilson Winkle Wooten Wright of Dodge
Yandle Young
On the passage of the Bill, as amended, the ayes were 147, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
Under the regular order of business, the following Bill of the House was taken up for consideration and read the third time:
HB 820. By Mr. McKenna of Bibb: A Bill to be entitled an Act to amend an Act establishing the State Employees' Retirement System of Georgia; 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 roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Ballard Barrett Baughman Birdsong Blalock of Coweta Blalock of Clayton Bodenhamer Brackin Brennan Brooks of Fulton Budd Burkhalter Busbee Cagle Caldwell Carlisle Carr Cheek Cloud Coalson Dorminy Echols Elder Ellis Eyler Fellows Fordham Fowler of Douglas Fowler of Treutlen Fuqua Gowen Green of Rabun Greene of Bartow Grimsley Gross of Stephens Gross of Bade Hall of Floyd Hall of Lee Hardaway Harper Harrison Hawkins Helms Hodges of Ware Hogan Holcombe
Holloway Hurst Ingle Irvin Jessup Johnson Jones of Worth Jones of Lumpkin Jones of Laurens Jones of Sumter Jones of Crawford Kelley Key Kidd Killian Kimmons King Lam Lancaster Land Lanier Larkins Lindsey Lokey Long Love Martin Matthews Miles Miller of Twiggs Miller of Elbert Moorman Morris Moss Murphy Murr Musgrove McClelland McGibony McKenna Neese Newton Nichols Nilan Odom Orr Overby
Palmer Parker of Pike Parker of Ware Parker of Appling Payton Peters Pettey Phillips of Walton Pickard Pickett Ramsey Raulerson Ray Reed Roberts Rodgers of Charlton Ross Russell Scoggin Sivell Smith of Forsyth Smith of Lamar Smith of Fulton Smith of Whitfield Smith of Bryan Souter Summers Tabb Tamplin Tarpley Taylor Truelove Twitty Underwood Walker of Telfair
Watson Wells Willingham Wilson Winkle Wooten Wright of Floyd Wright of Dodge
Yandle Young
MONDAY, FEBRUARY 10, 1958
595
On the passage of the Bill, the ayes were 139, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto:
HB 696. By Messrs. Kidd and Griffith 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 Senate substitute was read:
A BILL
To be entitled an Act to amend an Act creating a new charter for the City of Milledgeville, approved December 15, 1900 (Ga. Laws 1900, p. 345), an Act approved December 5, 1902 (Ga. Laws 1902, p. 510), an Act approved August 19, 1916 (Ga. Laws, 1916, p. 819) and an Act approved August 14, 1924 (Ga. Laws 1924, p. 666), so as to change the hours of voting in said City; to eliminate limitations on the compen sation of election managers; to provide for a new method of registra tion of the voters of said City; to provide a different punishment to be imposed by the police court of said City; 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 Milledge ville, approved December 15, 1900 (Ga. Laws 1900, p. 345), an Act approved December 5, 1902 (Ga. Laws 1902, p. 510), an Act approved August 19, 1916 (Ga. Laws, 1916, p. 819) and an Act approved August 14, 1924 (Ga. Laws 1924, p. 666) is amended by striking from Section V thereof the words and figure, "9 o'clock a.m.," and inserting in lieu thereof the words and figure, "7 o'clock a. m.," and by striking the words and figure "5 o'clock," and inserting in lieu thereof the words and figure "7 o'clock," and by striking from the end of said section the words "not exceeding three dollars per day each", so that said Section, as amended hereby, shall read as follows:
"Be it further enacted by authority aforesaid, That under and by virtue of this Act there shall be an election held for a mayor and three aldermen on the first Wednesday in December, 1901, and biennially thereafter. Provided, that nothing herein contained shall affect the election held for a mayor and three aldermen on the first Wednesday in December, 1917, except that of the six aldermen then elected, those three who shall receive the greatest number of votes shall hold office for a term of four (4) years, it being the purpose and intention of this amendment, that, com mencing with the election for said mayor and aldermen to be held on the first Wednesday in December, 1919, there shall be an elec tion, biennially, of a mayor and three aldermen only, instead of a mayor and six aldermen as now provided for under the charter. In said elections the polls shall be opened in the office of the clerk and treasurer of said city or such other place as may be designated
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JOURNAL OF THE HOUSE,
by ordinance, at 7 o'clock, A.M., and close at 7 o'clock, P.M. Said election shall be under the management and control of a justice of the peace and two freeholders, or of three freeholders, residents of said city, which said justice of the peace and freeholders shall be elected by the mayor and aldermen then in office. The managers of said election shall appoint two clerks and shall, together with said clerks, receive such compensation as may be agreed upon by the mayor and aldermen."
Section 2. Said Act is further amended by striking therefrom Section XIII in its entirety and inserting in lieu thereof a new Section XIII which shall read as follows:
"Section XIII. Be it further enacted by the authority afore said, That the Clerk of said City shall keep open during normal office hours as set by the City Council, except for a period of thirty (30) days next preceding any election held in said City at his office except on legal holidays, a book to be known as the 'Registration Book of the City of Milledgeville' in which the voters of said City shall register their names in the presence of said Clerk, or Deputy, and said Clerk or Deputy Clerk shall sign his name as registrar opposite the name of said voter. All registration effected prior to January 1, 1959 and all registration effected be tween January 1, 1959 through December 31, 1964 shall be valid to entitle a person to vote at any City election held prior to January 1, 1965. After December 31, 1964, all registrations shall become void and all persons qualified and desiring to vote in subsequent City elections must register in the manner aforesaid. At the end of each six (6) years period thereafter the registration list then in effect shall become void and all persons qualified and desiring to vote in subsequent City elections must register in a new voters 'Registration Book' as aforesaid. Before registering his name as aforesaid, each person shall sign the following oath, to wit: 'I,
, do solemnly swear (or affirm) that I am eighteen years of age, have resided in this State one year and in this county six months and in the City of Milledgeville thirty days next preceding this election; so help me God.'"
Section 3. Said Act is further amended by inserting following Section XXII a new section which shall be known as Section XXII (A) which shall read as follows:
"Section XXII-A. Be it further enacted by the authority aforesaid, That the mayor and aldermen of the City of Milledge ville are hereby authorized to employ a city manager for said City who shall have such powers and perform such duties as may be designated by said mayor and aldermen." Section 4. Said Act is further amended by striking from Section
40 (Section XLII of said Act of 1900) the words, "provided, such punish ment shall not exceed a fine of one hundred and fifty dollars and costs, imprisonment in the guard-house of said city for sixty days, or hard labor in the chain-gang of said city for 30 days; provided, that should there be no guardhouse in the city suitable for the secure and humane treatment of offenders and no chain-gang, then it shall be lawful to imprison them in common jail of Baldwin county," and in serting in lieu thereof the words, "provided, such punishment shall not exceed a fine of one thousand dollars and costs, imprisonment in the
MONDAY, FEBRUARY 10, 1958
597
City Jail not to exceed six months, to work in the work gang on the public streets and roads, or on such other public works as the City authorities may employ said work gang, not to exceed 12 months, any one or more of these punishments in the discretion of the judge (Re corder)," so that said Section as amended hereby shall read as follows:
"Section XLII. Be it further enacted by the authority afore said, That there shall be in the city of Milledgeville a court of record to be known as the "Police Court." The Jurisdiction of said "Police Court" shall embrace all violations of the ordinances of the city of Milledgeville. Said "Police Court" shall be presided over by the mayor pro tern, in the absence or disqualification of the recorder hereinafter provided for. The session of the Police Court shall be held as often as the recorder shall elect, and at such hours of the day as are most convenient and in place used as the office of the clerk and treasurer of said city. Said "Police Court" shall have power to try all offenders against the ordinances, by-laws, rules and regulations of said city and shall have cognizance of all offenders thereunder, and shall have power to inflict, on conviction, such punishment as may be provided for the offense; provided, such punishment shall not exceed a fine of one thousand dollars and costs, imprisonment in the City Jail not to exceed six months, to work in the work gang on the public streets and roads, or on such other public works as the City authorities may employ said work gang, not to exceed 12 months, any one or more of these punishments in the discretion of the judge (Recorder).
Section 5. All laws and parts of laws in conflict with this Act are hereby repealed.
The following substitute to the Senate substitute was read and adopted:
By Messrs. Kidd and Griffith of Baldwin:
A BILL
To be entitled 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 December 5, 1902 (Ga. Laws 1902, p. 510), an Act approved August 19, 1916 (Ga. Laws 1916, p. 819) and an Act approved August 14, 1924 (Ga. Laws 1924, p. 666), so as to change the hours of voting in said City; to eliminate limitations on the compensation of election managers; to provide for a new method of registration of the voters of said City; to provide a different punishment to be imposed by the police court of said City; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEOR GIA:
Section 1. 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 December 5, 1902 (Ga. Laws 1902, p. 510), an Act approved August 19, 1916 (Ga. Laws 1916, p. 819) and an Act approved August 14, 1924 (Ga. Laws 1924, p. 666) is amended by striking from Section V thereof the words and figure, "9 o'clock a.m.," and inserting in lieu thereof the words and figure, "7 o'clock a.m.," and by striking the words and figure, "5 o'clock," and inserting
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JOURNAL OF THE HOUSE,
in lieu thereof the words and figure, "7 o'clock," and by striking from the end of said Section the words, "not exceeding three dollars per day each," so that said Section, as amended hereby, shall read as follows:
"Section V. Be it further enacted by authority aforesaid, That under and by virtue of this Act there shall be an election held for a mayor and three aldermen on the first Wednesday in December, 1901, and biennially thereafter. Provided, that nothing herein contained shall affect the election held for said officers to be held on the first Wednesday in December, 1917, except that of the six aldermen then elected, those three who shall receive the greatest number of votes shall hold office for a term of four (4) years, it being the purpose and intention of this amendment, that, commencing with the election for said mayor and aldermen to be held on the first Wednesday in December, 1919, there shall be an election, biennially, of a mayor and three aldermen only, instead of a mayor and six aldermen as now provided for under the charter. In said elections the polls shall be opened in the office of the clerk and treasurer of said city or such other place as may be designated by ordinance, at 7 o'clock A.M., and close at 7 o'clock, P.M. Said election shall be under the management and control of a justice of the peace and two freeholders, or of three freeholders, residents of said city, which said justice of the peace and free holders shall be elected by the mayor and aldermen then in office. The managers of said election shall appoint two clerks and shall, together with said clerks, receive such compensation as may be agreed upon by the mayor and aldermen."
Section 2. Said Act is further amended by striking therefrom Section XIII in its entirety and inserting in lieu thereof a new Section XIII which shall read as follows:
"Section XIII. Be it further enacted by the authority afore
said, That the Clerk of said City shall keep open during normal
office hours as set by the City Council, except for a period of
thirty (30) days next preceding any election held in said City at
his office except on legal holidays, a book to be known as the
'Registration Book of the City of Milledgeville' in which the voters
of said City shall register their names in the presence of said
Clerk, or Deputy, and said Clerk or Deputy Clerk shall sign his
name as registrar opposite the name of said voter. All registration
effected after the effective date of this Act, through December 31,
1964, shall be valid to entitle a qualified person to vote at any
City election held prior to January 1, 1965. After December 31,
1964, all registrations shall become void and all persons qualified
and desiring to vote in subsequent City elections must register in
the manner aforesaid. At the end of each six (6) years period
thereafter the registration list then in effect shall become void
and all persons qualified and desiring to vote in subsequent City
elections must register in a new voters 'Registration Book' as
aforesaid. Before registering his name as aforesaid, each person
shall sign the following oath, to wit: 'I
,
do solemnly swear (or affirm) that I am eighteen years of age,
have resided in this State one year and in this county six months
and in the City of Milledgeville thirty days next preceding this
registration; so help me God.' Provided, however, that no person
MONDAY, FEBRUARY 10, 1958
599
shall remain a qualified voter longer than he retains the qualifi cations under which he registered."
Section 3. Said Act is further amended by striking from Section 41 (Section XLII of said Act of 1900) the words, "provided, such punishment shall not exceed a fine of one hundred and fifty dollars and costs, imprisonment in the guard-house of said city for sixty days, or hard labor in the chain-gang of said city for 30 days; provided, that should there be no guardhouse in the city suitable for the secure and humane treatment of offenders and no chain-gang, then it shall be lawful to imprison them in common jail of Baldwin county," and inserting in lieu thereof the words, "provided, such punishment shall not exceed a fine of one thousand dollars and costs, imprisonment in the City Jail not to exceed six months, to work in the work gang on the public streets and roads, or on such other public works as the City authorities may employ said work gang, not to exceed 12 months, any one or more of these punishments in the discretion of the judge (Recorder)," so that said Section, as amended hereby, shall read as follows:
"Section XLII. Be it further enacted by the authority afore said, That there shall be in the City of Milledgeville a court of record to be known as the 'Police Court.' The jurisdiction of said 'Police Court' shall embrace all violations of the ordinances of the City of Milledgeville. Said 'Police Court' shall be presided over by the mayor pro tern, in the absence or disqualification of the recorder hereinafter provided for. The session of the Police Court shall be held as often as the recorder shall elect, and at such hours of the day as are most convenient and in place used as the office of the clerk and treasurer of said city. Said 'Police Court' shall have power to try all offenders against the ordinances, by laws, rules and regulations of said city and shall have cognizance of all offenders thereunder, and shall have power to inflict, on conviction, such punishment as may be provided for the offense; provided, such punishment shall not exceed a fine of one thousand dollars and costs, imprisonment in the City Jail not to exceed six months, to work in the work gang on the public streets and roads, or on such other public works as the City authorities may employ said work gang, not to exceed 12 months, any one or more of these punishments in the discretion of the judge (Recorder)."
Section 4. In the event any Section or Sections of this Act, or sentence, phrase, clause or other part of such Section or Sections, shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the remaining Sections, sentences, phrases, clauses or other parts of such Section or Sections, which shall be and remain in full force and effect.
Section 5. All laws and parts of laws in conflict with this Act are hereby repealed.
Mr. Kidd of Baldwin moved that the House agree to the Senate substitute, as substituted by the House.
On the motion to agree, to the Senate substitute as substituted by the House, 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.
Adams
Bagby Ballard Barrett Baughman Birdsong Black Brennan Budd Burkhalter Busbee Cagle Caldwell A. Campbell of
Walker W. Campbell of
Walker Carlisle Carr Cheatham Cheek Cloud Coalson Crummey Echols Elder Ellis Eyler Fellows Fordham Fowler of Douglas Fowler of Treutlen Green of Rabun Griffith Grimsley Gross of Stephens
Hall Hardaway Harper Harrison Hawkins Helms Hogan Holcombe Holloway
Huddleston Hurst Ingle Jessup Johnson Jones of Worth Jones of Lumpkin Jones of Laurens Jones of Sumter Jones of Crawford Kelley Key Kidd Killian Kimmons Lam Lancaster Land
Lanier Larkins Lokey Long Love Martin Matthews Miles Miller of Twiggs Mobley Moorman Murphy Murr Musgrove McClelland McCracken McGibony McKenna Neese Newton Nichols Nilan Odom Orr Palmer Parker of Pike Payton
Perkins Peters Pettey Pickett Ramsey Ray Reed Rodgers of Charlton Ross Rowland Russell Rutland Sheffield Singer Sivell Smith of Forsyth Smith of Lamar Smith of Fulton Smith of Whitfield Smith of Bryan Souter Summers
Tabb Tamplin Tarpley Taylor Todd Truelove Twitty Underwood Veal Walker of Lowndes Watson Weems Wells Willingham Willis Wilson Winkle Wooten Wright of Floyd Wright of Dodge Yandle
Young
On the motion to agree to the Senate substitute as substituted by the House, the ayes were 132, nays 0.
The Senate substitute, as substituted by the House, was agreed to.
The following Resolution of the House was read and referred to the Com mittee on Rules:
MONDAY, FEBRUARY 10, 1958
601
HR 423. By Mr. Overby of Hall:
A RESOLUTION
Relative to making a survey of the industrial potentials in the State of Georgia; and for other purposes.
WHEREAS, a committee of the General Assembly of Georgia was created at the 1957 Session for the purpose of studying ways and means of promoting the location of industries in Georgia, and
WHEREAS, such committee has made great progress in its study of the methods of accomplishing the purposes of its study,
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 provide funds in the amount of $100,000.00 to the State Department of Commerce for the purpose of securing through a proper and qualified organization, a general survey of the industrial potentials of the State of Georgia. The Department shall also secure as far as possible with the funds available, a market survey of the varied resources available in the State of Georgia which will be attractive and necessary for prospective industries. The aforesaid joint committee which is proposed to be continued by a companion resolution, is hereby directed to act as an advisory committee to the Secretary of the State Department of Com merce and the Governor to select the proper organization to make the aforesaid surveys.
The following Resolutions of the House were read and adopted:
HR 424. By Mr. Rowland of Johnson:
A RESOLUTION
WHEREAS, it has come to the attention of the House that the Hon. Harvey Roughton, the Gentleman from Washington, has been confined in a hospital for the past week, and
WHEREAS, Mr. Roughton has always served the house with out standing distinction, and has served with such ability, integrity and leadership that he won a lasting place in the hearts and minds of all the members of the House of Representatives.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES, that the entire membership of the House pray for the speedy recovery of the Hon. Harvey Roughton and express the sincer hope and desire that he will be up and around again soon so that we may renew our expression of love and friendship by the warmth of our handclasp.
BE IT FURTHER RESOLVED that a copy of this Resolution be forwarded by the Clerk of the House to the Honorable Harvey Roughton.
HR 425. By Messrs. Hawkins of Screven, Jessup of Bleckley and Sheffield of Brooks:
A RESOLUTION
BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF GEORGIA THAT:
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JOURNAL OF THE HOUSE,
WHEREAS, the Honorable Denmark Groover, Sr., a native of Brooks County, Quitman, Georgia, and a very distinguished citizen of that County came to an untimely death on Thursday, January 6, 1958, and
WHEREAS, the closing of his useful, full and active career will leave a serious void in the religious, civic and social life of his home, community and State, and
WHEREAS, the influence of his gentle, always considerate and sincere character will always live on and be remembered by all that were fortunate to know him.
NOW, THEREFORE BE IT RESOLVED by the House of Repre sentatives in regular session assembled, that this body make this public acknowledgement and expression of the great loss and untimely closing of this useful life of the Honorable Denmark Groover, Sr.
RESOLVED FURTHER, that this expression of deep sorrow, pro found and heart-felt sympathy be extended on the part of this body and of Georgia to the family, his loved ones and scores of devoted friends in this hour of grief and sorrow, and
RESOLVED FURTHER, that a copy of this Resolution be spread upon the Journal of the House of Representatives and that the Clerk of the House be instructed to send a copy thereof to the bereaved family of the late Denmark Groover, Sr.
Mr. Hawkins of Screven moved that the House do now adjourn until 10:00 o'clock, a.m., tomorrow morning, and the motion prevailed.
The Speaker announced the House adjourned until 10:00 o'clock tomorrow morning.
TUESDAY, FEBRUARY 11, 1958
603
Representative Hall, Atlanta, Georgia. Tuesday, February 11, 1958.
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
Bagby Ballard Baughman Birdsong Black Blalock of Coweta Blalock of Clayton Bodenhamer Boggs Bolton Bradley Brennan Brooks of Oglethorpe Brooks of Fulton Budd Busbee Cagle Caldwell Callier A. Campbell of
Walker W. Campbell of
Walker Carlisle Carr Carswell Carter Cheatham Cheek Cloud Coalson Cocke Cowart Craven Crummey Dorminy Duncan Echols Elder Ellis Eyler Fellows Floyd
Fordham Fowler of Douglas Fowler of Treutlen Frazier Freeman Fuqua Gowen Green of Rabun Greene of Bartow Griffith Grimsley Gross of Stephens Gross of Dade Hall of Floyd Hall of Lee Hardaway Harper Harrison Hawkins Helms Henderson Hill Hodges of Ware Hodges of Butts Hogan Holcombe Holley Holloway Huddleston Hurst Ingle Jessup Johnson Jones of Wayne Jones of Worth Jones of Lumpkin Jones of Baker Jones of Sumter Jones of Crawford Kelley Kennedy Kidd Killian Kimmons King
Lam Lancaster Land Larkins Lee Lindsey Lokey Long Lott Mackay Mann Martin Matthews Miles Miller of Twiggs Miller of Elbert Mobley Moorman Morris Moss Mull Murphy Murr Musgrove McClelland McCracken McGibony McKenna McWhorter Neese Newton Nichols Nilan Odom
Orr Palmer Parker of Pike Parker of Ware Parker of Appling Payton Pelham Perry Peters Phillips of Columbia Pickard
604
JOURNAL OF THE HOUSE,
Pickett Ramsey Raulerson Ray Reed Roberts Rodgers of Charlton Ross Russell Rutland Scoggin Short Singer Sivell Smith of Forsyth
Smith of Lamar Smith of Fulton Smith of Whitfield Souter Stephens Story Summers Tabb Tamplin Tarpley Taylor Truelove Twitty Underwood Walker of Lowndes
Walker of Telfair Watson Weems Wells Willingham Wilson Winkle Wooten Wright of Floyd Wright of Dodge Yandle Young Mr. Speaker
Mr. Black of Webster, Chairman of the Committee on Auditing, Enrolling & Engrossing, 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. 2. First reading and reference of House Bill and Resolutions. 3. Report of standing committees. 4. Second reading of Bills and Resolutions.
5. Third reading and passage of local Bills and general Bills with local application.
6. First reading and reference of Senate Bills and Resolutions.
By unanimous consent, the following Bills and Resolutions of the House were read the first time and referred to the committees:
HB 1029. By Messrs. Chastain and Willis of Thomas:
A Bill to be entitled an Act to amend an Act creating Small Claims Courts in certain counties; and for other purposes.
Referred to the Committee on Local Affairs.
HB 1030. By Mr. Caldwell of Upson:
A Bill to be entitled an Act to authorize the Clerk of the Superior Court to return unclaimed funds to a county where such funds have been paid into the Superior Court in a condemnation proceeding by the Court when such funds are held for the benefit of unknown persons
TUESDAY, FEBRUARY 11, 1958
605
or for those persons whose interests in the property involved is un known; and for other purposes. Referred to the Committee on Judiciary.
HB 1031. By Mr. Watson of Houston: A Bill to be entitled an Act to create and incorporate a new munici pality in Houston County, Georgia to be known as Elberta; and for other purposes.
Referred to the Committee on Local Affairs.
HB 1032. By Messrs. Walker and Budd of Lowndes: A Bill to be entitled an Act to amend the charter of the City of Valdosta; so as to authorize the creation in the City Government of said city the office of City Manager; and for other purposes.
Referred to the Committee on Local Affairs.
HB 1033. By Mr. McCracken of Jefferson: A Bill to be entitled an Act to amend an Act incorporating the Town of Stapleton; and for other purposes.
Referred to the Committee on Local Affairs.
HB 1034. By Mr. Phillips of Walton: A Bill to be entitled an Act to provide for the marking of county maintained paved or hard-surfaced roads; and for other purposes.
Referred to the Committee on Highways.
HB 1035. By Mr. Bagby of Paulding: A Bill to be entitled an Act to supplement the compensation of the Coroner of Paulding County; and for other purposes.
Referred to the Committee on Local Affairs.
HB 1036. By Messrs. M. Smith of Fulton, Holcombe of Cobb and Cheatham of Chatham:
A Bill to be entitled an Act to amend an Act, which provides that streets or parts of streets, lying within the corporate limits of munici palities of this State and forming a continuation of, or a link in, the State-Aid system of roads shall become a part of the State-aid system of roads; and for other purposes.
Referred to the Committee on Highways.
HB 1037. By Mr. Singer of Stewart:
A Bill to be entitled an Act to amend an Act abolishing the office of County Treasurer of Stewart County; and for other purposes.
Referred to the Committee on Local Affairs.
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JOURNAL OP THE HOUSE,
HB 1038. By Mr. Burkhalter of Tattnall:
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 State of Republic.
HB 1039. By Messrs. Greene and Bradley of Bartow:
A Bill to be entitled an Act to consolidate the offices of Tax Receiver and Tax Collector of Bartow County into the office of Tax Commis sioner of Bartow County; and for other purposes.
Referred to the Committee on Local Affairs.
HB 1040. By Messrs. Greene and Bradley of Bartow:
A Bill to be entitled an Act to change from the fee to the salary system in Bartow County, the Sheriff, the Clerk of the Superior Court and the Ordinary of such county; and for other purposes.
Referred to the Committee on Local Affairs.
HB 1041. By Mr. Gross of Dade:
A Bill to be entitled an Act to amend an Act abolishing the offices of Tax Collector and Tax Receiver of Dade County and creating the office of Tax Commissioner; and for other purposes.
Referred to the Committee on Local Affairs.
HB 1042. By Messrs. Lee and Blalock of Clayton:
A Bill to be entitled an Act to repeal an Act entitled "An Act to amend an Act to incorporate the City of Jonesboro; to extend and redefine the corporate limits; and for other purposes.
Referred to the Committee on Local Affairs.
HB 1043. By Messrs. Broome of Bacon, Brooks of Fulton and Barber of Jackson:
A Bill to be entitled an Act to create the positions of President Emeritus of the Institutions of the University System of Georgia; and for other purposes.
Referred to the Committee on University of Georgia:
HB 1044. By Mr. Ray of Warren: A Bill to be entitled an Act to amend an Act incorporating the Town of Warrenton; and for other purposes.
Referred to the Committee on Local Affairs.
HR 414-1044a. By Mr. Ray of Warren:
A Resolution providing for the furnishing of the reports of the Supreme Court and the Court of Appeals to Warren County; and for other purposes.
Referred to the Committee on Local Affairs.
TUESDAY, FEBRUARY 11, 1958
607
HR 415-1044b. By Messrs. Duncan and Craven of Carroll:
A Resolution proposing an amendment to the Constitution so as to authorize the governing authority of Carroll County to tax for and support a rescue squad; and for other purposes.
Referred to the Committee on Local Affairs.
HR 416-1044c. By Messrs. Overby and Gunter of Hall:
A Resolution proposing an amendment to the Constitution so as to provide for the election of members of the Board-of Education of Hall County; and for other purposes.
Referred to the Committee on Local Affairs.
HR 417-1044d. By Messrs. Roberts and Fellows of Coffee:
A Resolution to compensate Dr. Horace G. Joiner; and for other purposes.
Referred to the Committee on Appropriations.
HR 418-1044e. By Mr. Cocke of Terrell:
A Resolution proposing an amendment to the Constitution so as to create the Terrell County Development Authority; and for other purposes.
Referred to the Committee on Local Affairs.
HR 419-1044f. By Mr. Caldwell of Upson:
A Resolution to compensate Mrs. Blanche Phillips; and for other purposes.
Referred to the Committee on Appropriations.
HR 420-1044g. By Mr. Ballard of Newton:
A Resolution authorizing the Governor and the Secretary of State to convey a certain stained glass window to Newton County; and for other purposes.
Referred to the Committee on Local Affairs.
HB 1045. By Messrs. McClelland, Brooks and M. Smith of Fulton:
A Bill to be entitled an Act to authorize the Solicitor-General of the Superior Court in certain counties to appoint certain investigators; and for other purposes.
Referred to the Committee on State of Republic.
HB 1046. By Messrs. Hall, Scoggin and Wright of Floyd:
A Bill to be entitled an Act to amend an Act entitled "An Act to abolish the present mode of compensation accruing to the officers of Clerk of the Superior Court, Clerk of the City Court, Ordinary, Sheriff
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JOURNAL OF THE HOUSE,
of the City Court and Sheriff of Floyd County; and for other pur poses.
Referred to the Committee on Local Affairs.
HB 1047. By Messrs. Hall, Scoggin and Wright of Floyd:
A Bill to be entitled an Act to amend an Act entitled "An Act to abolish the offices of tax receiver and tax collector, and to create in lieu of the same the office of County Tax Commissioner of Floyd County; and for other purposes.
Referred to the Committee on Local Affairs.
HB 1048. By Mr. Hill of Wheeler:
A Bill to be entitled an Act to consolidate and supersede certain Acts pertaining to the City of Glenwood, and to create a new Charter for the City of Glenwood; and for other purposes.
Referred to the Committee on Local Affairs.
HB 1049. By Mr. Gross of Stephens:
A Bill to be entitled an Act to amend an Act creating and establishing the City Court of Stephens County; and for other purposes.
Referred to the Committee on Local Affairs.
HB 1050. By Mr. Gross of Stephens:
A Bill to be entitled an Act to amend an Act creating a Board of Commissioners of Roads and Revenues in the County of Stephens; and for other purposes.
Referred to the Committee on Local Affairs.
HB 1051. By Messrs. Gunter and Overby of Hall:
A Bill to be entitled an Act to amend an Act to limit and regulate the assessment and collection of taxes by municipal authorities; and for other purposes.
Referred to the Committee on State of Republic.
HB 1052. By Messrs. Gunter and Overby of Hall:
A Bill to be entitled an Act to amend an Act incorporating the Town of Clermont; and for other purposes.
Referred to the Committee on Local Affairs.
HB 1053. By Messrs. Gowen and Killian of Glynn:
A Bill to be entitled an Act to amend an Act, known as the "Brunswick Port Authority Act" so as to authorize the acquisition and financing of additional facilities, add to the powers imposed in said Authority, authorize the execution of leases and purchase agreements; and for other purposes.
Referred to the Committee on Local Affairs.
TUESDAY, FEBRUARY 11, 1958
609
HB 1054. By Messrs. McClelland, Brooks and M. Smith of Fulton:
A Bill to be entitled an Act to amend an Act establishing a Municipal Court of the City of Atlanta, relating to time, place and manner of holding public sales of property under execution; and for other pur poses.
Referred to the Committee on Local Affairs.
HB 1055. By Messrs. Moate of Hancock, Hawkins of Screven and Jessup of Bleckley:
A Bill to be entitled an Act to provide for the election of the President and Vice-President of the United States; to provide for the nomination and certification of party candidates; and for other purposes.
Referred to the Committee on Rules.
HB 1056. By Messrs. Moate of Hancock, Hawkins of Screven and Jessup of Bleckley:
A Bill to be entitled an Act to prescribe the qualifications for voters; and for other purposes.
Referred to the Committee on Rules.
HB 1057. By Mr. Hawkins of Screven:
A Bill to be entitled an Act to amend an Act known as the General Appropriations Act, so as to provide additional funds in the contingent section of said Act for the Department of Public Safety; and for other purposes.
Referred to the Committee on Appropriations.
HB 1058. By Mr. Hawkins of Screven:
A Bill to be entitled an Act to create an agency of the State of Georgia to be known as the Georgia Commission of Surplus Property; and for other purposes.
Referred to the Committee on Rules.
HB 1059. By Messrs. Moate of Hancock, Hawkins of Screven and Jessup of Bleckley:
A Bill to be entitled an Act to amend an Act relating to deductions of gross income, so as to provide for the deduction of Federal Income taxes; and for other purposes.
Referred to the Committee on Rules.
HB 1060. By Mr. M. Smith of Fulton:
A Bill to be entitled an Act to authorize the Commissioner of Agricul ture to establish exhibits at Agricultural Fairs so as to advertise and promote the agricultural resources of this State; and for other purposes.
Referred to the Committee on Agriculture.
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JOURNAL OF THE HOUSE,
HB 1061. By Mr. Short of Colquitt:
A Bill to be entitled an Act to amend an Act relating to the State Board of Accountancy; and for other purposes.
Referred to the Committee on Banks and Banking.
HB 1062. By Messrs. M. Smith, McClelland and Brooks of Fulton:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Atlanta, relating to bids; and for other pur poses.
Referred to the Committee on Local Affairs.
HB 1063. By Mr. Flynt of Taliaferro:
A Bill to be entitled an Act to amend an Act known as the "Old Age Assistant Act, so as to provide a maximum income of the recipient before he shall be disqualified to receive assistance from the State; and for other purposes.
Referred to the Committee on State of Republic.
HB 1064. By Mr. Love of Catoosa:
A Bill to be entitled an Act to amend an Act relating to County Boards of Health, so as to authorize said Board to regulate the disposal and deposit of garbage and waste within the county; and for other pur poses.
Referred to the Committee on Hygiene and Sanitation.
HB 1065. By Messrs. Nichols of Towns, Irwin of Habersham, Tarpley of Union, and Barrett of Cherokee:
A Bill to be entitled an Act to provide for the dating of packaged bread; and for other purposes.
Referred to the Committee on State of Republic:
HB 1066. By Messrs. M. Smith, McClelland and Brooks 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; and for other purposes.
Referred to the Committee on Local Affairs.
HB 1067. By Messrs. M. Smith, McClelland and Brooks of Fulton:
A Bill to be entitled an Act to amend an Act entitled "An Act to pro vide in Fulton County a system for pension and retirement pay to teachers and employees of the Board of Education of Fulton County; and for other purposes.
Referred to the Committee on Local Affairs.
TUESDAY, FEBRUARY 11, 1958
611
HB 1068. By Messrs. M. Smith, McClelland and Brooks of Fulton:
A Bill to be entitled an Act to amend an Act to provide in cities having a population of more than 150,000, pensions shall be furnished to officers and employees of such cities; and for other purposes.
Referred to the Committee on Local Affairs.
HB 1069. By Messrs. M. Smith, McClelland and Brooks of Fulton:
A Bill to be entitled an Act to amend an Act providing a system of pensions and other benefits for members of paid Fire Departments in cities having a population of 150,000 or more; and for other pur poses.
Referred to the Committee on Local Affairs.
HB 1070. By Messrs. M. Smith, McClelland and Brooks of Fulton:
A Bill to be entitled an Act to amend an Act providing for pensions for members of police departments in cities having a population of 150,000 or more; and for other purposes.
Referred to the Committee on Local Affairs.
HR 426-1070a. By Mr. Helms of Atkinson:
A Resolution proposing an amendment to the Constitution so as to authorize Atkinson County to levy a tax not to exceed five mills for the purpose of creating a fund to be used in assisting, promoting and encouraging the location of industries in Atkinson County; and for other purposes.
Referred to the Committee on Local Affairs.
HR 427-1070b. By Mr. Love of Catoosa:
A Resolution proposing an amendment to the Constitution so as to change the provisions relating to the terms of members of the General Assembly; to change provisions relating to the compensation of such members; and for other purposes.
Referred to the Committee on State of Republic.
HR 428-1070c. By Mr. M. Smith of Fulton:
A Resolution proposing an amendment to the Constitution so as to pro vide an exemption from taxation for certain fraternity and sorority property; and for other purposes.
Referred to the Committee on University of Georgia.
HR 429-1070d. By Mr. Tarpley of Union: A Resolution to compensate C. A. Arnold; and for other purposes.
Referred to the Committee on Appropriations.
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JOURNAL OF THE HOUSE,
HR 430-1070e. By Mr. Wright of Dodge:
A Resolution authorizing and directing the State Librarian to furnish certain law books to the Clerk of the Superior Court of Dodge County; and for other purposes.
Referred to the Committee on Local Affairs.
HR 431-1070f. By Messrs. Gowen and Killian of Glynn:
A Resolution proposing an amendment to the Constitution so as to authorize the Brunswick Port Authority to construct, maintain, operate and lease certain facilities; and for other purposes.
Referred to the Committee on Local Affairs.
HR 432-1070g. By Messrs. Hawkins of Screven, Alien and Fordham of Bulloch:
A Resolution relative to the State song; and for other purposes.
Referred to the Committee on Rules.
HR 433-1070h. By Messrs. Moate of Hancock, Hawkins of Screven, and Jessup of Bleckley:
A Resolution proposing an amendment to the Constitution relating to the registration and qualification of electors; and for other purposes.
Referred to the Committee on Rules.
HB 1071. By Messrs. Moate of Hancock, Hawkins of Screven, Jessup of Bleckley and Sheffield of Brooks:
A Bill to be entitled an Act to authorize the acquisition by the State of the port facilities of the Central of Georgia Railroad and Whitehall Plantation in Chatham County; and for other purposes.
Referred to the Committee on Rules.
HR 434-1071a. By Mr. Sheffield of Brooks:
A Resolution to compensate Mrs. Edith Townsend and Mrs. Rosyner Joiner; and for other purposes.
Referred to the Committee on Appropriations.
HR 43B-1071b. By Mr. Twitty of Mitchell:
A Resolution proposing an amendment to the Constitution so as to authorize taxation for the purpose of paying pensions and benefits and costs under an Ordinaries retirement system; and for other pur poses. Referred to the Committee on Judiciary.
HB 1072. By Mr. Twitty of Mitchell: A Bill to be entitled an Act to provide for retirement benefits for the Ordinaries of Georgia; and for other purposes.
Referred to the Committee on Judiciary.
TUESDAY, FEBRUARY 11, 1958
613
By unanimous consent, the following committee reports were submitted and read:
Mr. Fowler of Douglas County, Chairman of the Committee on Agricul ture, submitted the following report:
Mr. Speaker:
Your Committee on Agriculture has had under consideration the follow ing Bills and Resolution of the House and Senate and has instructed me as Chairman, to report the same back to the House with the following recom mendations :
HB 986. Do Pass.
SB 243. Do Pass.
SR 122. Do Pass.
Respectfully submitted, Fowler of Douglas, Chairman.
Mr. Scoggin of Floyd County, Chairman of the Committee on Appropria tions, submitted the following report:
Mr. Speaker:
Your Committee on Appropriations has had under consideration the fol lowing Resolutions of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HR 343-827a. Do Pass.
HR 260-662J. Do Pass.
HR 317-772h. Do Pass.
HR 325-773b. Do Pass.
HR 304-744h. Do Pass.
HR 321-7721. Do Pass as amended.
HR 320-772k. Do Pass as amended.
HR 346-827d. Do Pass by substitute.
HR 345-827c. Do Pass as amended.
HR 339-806a. Do Pass.
Respectfully submitted, Scoggin of Floyd, Chairman.
Mr. Floyd of Chattooga County, Chairman of the Committee on Defense & Veterans Affairs, has met and submitted the following report:
Mr. Speaker:
Your Committee on Defense & Veterans Affairs has had under considera-
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JOURNAL OF THE HOUSE,
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 805. Do Pass by committee substitute. Respectfully submitted, Floyd of Chattooga, Chairman.
Mr. Smith of Bryan County, Chairman of the Committee on Hygiene & Sanitation, submitted the following report:
Mr. Speaker:
Your Committee on Hygiene & Sanitation has had under consideration the following Bill of the House and has instructed me as Chairman, to report the same back to the House with the following recommendation:
HB 932. Do Pass.
Respectfully submitted,
Smith of Bryan,
Chairman.
Mr. Rowland of Johnson County, Chairman of the Committee on Industrial Relations, submitted the following report:
Mr. Speaker:
Your Committee on Industrial Relations has had under consideration the following Bills of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 721. Do Pass as amended.
HB 790. Do Pass by substitute as amended.
Respectfully submitted,
Rowland of Johnson,
Chairman.
Mr. Twitty of Mitchell County, Chairman of the Committee on Judiciary, submitted the following report:
Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bills and Resolution 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 224. Do Pass.
HB 984. Do Pass.
HR 404-105a. Do Pass.
HB 976. Do Pass.
TUESDAY, FEBRUARY 11, 1958
615
HB 910. Do Pass. HB 912. Do Pass. SB 33. Do Not Pass. SB 31. Do Pass by substitute as amended. SB 235. Do Not Pass. SB 226. Do Pass. SB 197. Do Not Pass. SB 182. Do Not Pass.
Respectfully submitted, Twitty of Mitchell, Chairman.
Mr. Short of Colquitt County, Chairman of the Committee on Local Affairs, submitted the following report: Mr. Speaker:
Your Committee on Local Affairs has had under consideration the fol lowing Bills and Resolutions of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 931. Do Pass by substitute. HB 933. Do Pass by substitute. HB 947. Do Pass. HB 948. Do Pass. HB 952. Do Pass. HB 953. Do Pass. HB 954. Do Pass. HB 955. Do Pass. HB 956. Do Pass. HB 958. Do Pass. HB 959. Do Pass. HB 962. Do Pass. HB 963. Do Pass. HB 964. Do Pass. HB 965. Do Pass. HB 968. Do Pass.
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JOURNAL OF THE HOUSE,
HB 969. Do Pass.
HR 401-968d. 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 lowing Bills of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 620. Do Pass.
HB 83G. Do Pass by substitute as amended.
HB 839. Do Pass.
HB 689. Do Pass.
HB 691. Do Pass.
Respectfully submitted, Jones of Lumpkin, Chairman.
Mr. Overby of Hall 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 369-881a. Do Pass.
Respectfully submitted, Overby of Hall, Chairman.
Mr. Cocke of Terrell County, Chairman of the Committee on State Insti tutions and Property, submitted the following report:
Mr. Speaker:
Your Committee on State Institutions and Property has had under con sideration the following Bill of the House and has instructed me as Chairman, to report the same back to the House with the following recommendation:
HB 973. Do Pass.
Respectfully submitted, Cocke of Terrell, Chairman.
TUESDAY, FEBRUARY 11, 1958
617
Mr. Overby of Hall County, Chairman of the Committee on State of Republic, submitted the following report:
Mr. Speaker:
Your Committee on State of Republic has had under consideration the following Bills and Resolutions of the House and Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HR 348-827J. Do Pass.
HR 394-944a. Do Pass.
HB 983. Do Pass.
SB 44. Do Pass by substitute.
HB 907. Do Pass.
Respectfully submitted,
Overby of Hall,
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 and Resolutions of the House and Senate and has instructed me as Chairman, to report the same back to the House with the following recom mendations:
HB 939. Do Not Pass. HB 46. Do Not Pass. HR 399-968b. Do Not Pass. HB 891. Do Pass. HR 164-519a. Do Pass. HR 374. Do Pass. SB 227. Do Pass. HR 165-519e. Do Pass. HB 768. Do Pass. HB 1000. Do Pass.
Respectfully submitted,
Blalock of Clayton,
Chairman.
By unanimous consent, the following Bills and Resolutions of the House were read the second time:
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JOURNAL OF THE HOUSE,
HB 1007. By Messrs. Hodges and Parker of Ware:
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 in Ware County; and for other purposes.
HB 1008. By Messrs. Hodges and Parker of Ware:
A Bill to be entitled an Act amending the charter of the City of Waycross, providing for the use of voting machines for casting, regis tering, recording and computing ballots or votes in all elections in the City of Waycross; and for other purposes.
HB 1009. By Messrs. Holloway and Busbee of Dougherty:
A Bill to be entitled an Act to amend the Act creating and estab lishing a new charter for the City of Albany, by revising and chang ing the geographical limits of the wards; and for other purposes.
HB 1010. By Mr. Bolton of Spalding:
A Bill to be entitled an Act to amend an Act creating the charter of the City of Griffin, so as to extend the city and corporate limits; and for other purposes.
HB 1011. By Messrs. Stephens and Matthews of Clarke:
A Bill to be entitled an Act to amend an Act authorizing and directing the State Librarian to deliver to the library of the University of Georgia School of Law certain documents and providing for the use of this material; and for other purposes.
HB 1012. By Messrs. Busbee and Holloway of Dougherty:
A Bill to be entitled an Act to amend an Act creating and establish ing a new charter for the City of Albany, defining the corporate limits; and for other purposes.
HB 1013. By Mr. Ballard of Newton:
A Bill to be entitled an Act to amend the charter of the City of Covington; and for other purposes.
HB 1014. By Mr. Coalson of Polk:
A Bill to be entitled an Act to repeal an Act incorporating the Town of Van Wert, Paulding County, now Polk County; and for other purposes.
HB 1015. By Mr. Coalson of Polk:
A Bill to be entitled an Act to provide that the term of office of members of the County Board of Tax Assessors in certain counties, shall be one year; and for other purposes.
TUESDAY, FEBRUARY 11, 1958
619
HB 1016. By Messrs. Brooks and McClelland of Pulton:
A Bill to be entitled an Act to amend an Act providing that in coun ties having a population of more than 150,000, pensions shall be furnished to officers and employees of such cities; and for other purposes.
HB 1017. By Messrs. Birdsong and Lam of Troup:
A Bill to be entitled an Act to create a new judicial circuit for the State of Georgia to be known as the Troup Judicial Circuit to be composed of the County of Troup; and for other purposes.
HB 1018. By Messrs. Birdsong and Lam of Troup:
A Bill to be entitled an Act to amend an Act supplementing the salary of the Judge of the Superior Court of the Coweta Judicial Circuit, so as to delete therefrom the supplement payable by Troup County; and for other purposes.
HB 1019. By Messrs. Birdsong and Lam of Troup:
A Bill to be entitled an Act to amend an Act placing the Solicitor of the Coweta Judicial Circuit on a salary basis and abolishing the fee system in said Judicial Circuit; and for other purposes.
HB 1020. By Messrs. Mackay, McWhorter and Rutland of DeKalb, Nilan of Muscogee, McKenna and Wilson of Bibb, Brooks, McClelland and Smith of Fulton, Pickard and Young of Muscogee and Reed of Cobb:
A Bill to be entitled an Act to amend an Act by providing that each county shall have in addition to two units for each representatives to which such county is entitled in the lower House of the General Assembly one unit vote for each twenty thousand population and one unit vote for each major fraction of twenty thousand population; and for other purposes.
HB 1021. By Mr. Twitty of Mitchell:
A Bill to be entitled an Act to amend an Act pertaining to permits for extra size or weight vehicles, so as to provide that such permits shall be issued by the Public Service Commission of Georgia; and for other purposes.
HB 1022. By Messrs. Cheatham, Eyler and Brennan of Chatham:
A Bill to be entitled an Act to amend the Charter of the Town of Garden City, by extending the corporate limits; and for other pur poses.
HB 1023. By Messrs. McClelland, M. Smith and Brooks of Fulton:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of East Point; and for other purposes.
HB 1024. By Messrs. McClelland, M. Smith and Brooks of Fulton:
A Bill to be entitled an Act to amend an Act establishing a new
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JOURNAL OF THE HOUSE,
charter for the City of College Park, to prescribe its limits; and for other purposes.
HB 1025. By Mr. Broome of Bacon:
A Bill to be entitled an Act to provide for the procedure relative to the time for holding county primaries in Bacon County; and for other purposes.
HB 1026. By Mr. Key of Jasper:
A Bill to be entitled an Act to amend an Act incorporating the City of Monticello, so as to increase the corporate limits of said city; and for other purposes.
HB 1027. By Mr. Key of Jasper:
A Bill to be entitled an Act to amend an Act fixing the compensation of the County Treasurer of Jasper County; and for other purposes.
HR 412-1027a. By Messrs. Love of Catossa, Pickett of Polk and Wm. Camp bell of Walker:
A Resolution proposing an amendment to the Constitution so as to change the provisions relating to the terms of members of the Gen eral Assembly; to change provisions relating to the compensation of such members; and for other purposes.
HB 1028. By Messrs. McKennaand Carlisle of Bibb:
A Bill to be entitled an Act to provide a penalty for the failure of any person to surrender himself after having forfeited bail given by such person for appearance before a court; and for other purposes.
By unanimous consent, the following Bill and Resolutions of the House, favorably reported, were read the second time:
HB 620. By Messrs. McKenna of Bibb, Floyd of Chattooga and others:
A Bill to be entitled an Act to provide for the issuance of Special Motor Vehicle License tags to members of the Georgia National Guard; and for other purposes.
HR 164-519a. By Messrs. Matthews of Clarke, Bodenhamer of Tift and Overby of Hall:
A Resolution proposing an amendment to the Constitution so as to extend the power of taxation over the whole state exercise by the General Assembly to include a tax for school lunch purposes; and for other purposes.
HR 165-519b. By Messrs. Matthews of Clarke, Bodenhamer of Tift, Hall of Floyd and Overby of Hall:
A Resolution proposing an amendment to the Constitution so as to empower the General Assembly to authorize any county the right to levy a tax for school lunch purposes; and for other purposes.
TUESDAY, FEBRUARY 11, 1958
621
HR 374. By Messrs. Moate of Hancock and Jessup of Bleckley:
A Resolution memorializing the Congress of the United States to enact legislation providing for the repeal of the Federal Excise Tax upon the transportation of passengers and freight; and for other purposes.
By unanimous consent, the House reconsidered its action in failing to pass the following Resolution of the House:
HR 347-827e. By Mr. Jones of Lumpkin:
A Resolution authorizing the Governor to authorize funds for scholar ship cases in schools in Lumpkin County; and for other purposes.
By unanimous consent, the following Bill of the House was placed on the Calendar to consider the unfavorable report of the committee.
HB 46. By Mr. Brooks of Fulton and others:
A Bill to be entitled an Act to amend an Act relating to income taxes; and for other purposes.
By unanimous consent, the following Bills and Resolution of the House were taken up for consideration and read the third time:
HB 931. By Messrs. Brooks, McClelland and Smith of Fulton:
A Bill to be entitled an Act to amend an Act to provide that cities having a certain population shall furnish aid, relief, and pensions to members of paid Fire Department now in active service; and for other purposes.
The following substitute was read and adopted:
By Messrs. M. Smith, McClelland and Brooks of Fulton:
AN ACT
To amend the Act approved August 13, 1924 (Ga. Laws 1924, p. 167) entitled an Act to provide that Cities having a population of more than 150,000 by the United States census of 1920 or any subse quent census shall furnish aid, relief, and pensions to members of paid Fire Departments now in active service, etc., as amended by the Act approved August 24, 1931 (Ga. Laws 1931, p. 223), and further amended by the Act approved March 28, 1935 (Ga. Laws 1935, p. 450), and further amended by the Act approved March 9, 1945 (Ga. Laws 1945, p. 1080), so as to provide for a refund of contributions by members made for months for which no pension credit accrues, upon being compelled to retire; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA and it is hereby enacted by authority of the same that the Act approved August 13, 1924 (Ga. Laws 1924, p. 167) entitled an Act to provide that cities having a population of more than 150,000 by the United States Census of 1920 or any subsequent census shall furnish aid, relief, and pensions to members of paid Fire De-
622
JOURNAL OF THE HOUSE,
partments now in active service, etc., as amended by the Act approved August 24, 1931 (Ga. Laws 1931, p. 223) and further amended by the Act approved March 28, 1935 (Ga. Laws 1935, p. 450), and further amended by the Act approved March 9, 1945 (Ga. Laws 1945, p. 1080) be and is hereby further amended as follows:
SECTION 1
By adding, after Section 7, a new section which shall be Section 7a, and which shall read as follows:
"Section 7a. When any member shall be compelled to retire be cause of age or disability, such member shall be entitled to receive a refund of all amounts deducted from his salary for pension purposes for any months for which he cannot receive credit on his pension."
SECTION 2
That all laws and parts of laws in conflict herewith are hereby repealed.
The report of the committee which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 151, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
HB 933. By Messrs. Smith, Brooks and McClelland of Fulton:
A Bill to be entitled an Act to amend an Act to repeal an Act relating to pensions for members of the police department in certain cities; and for other purposes.
The following substitute was read and adopted:
By Messrs. M. Smith, Brooks and McClelland of Fulton:
AN ACT
To amend an Act entitled an Act to repeal an Act approved August 18, 1925 relating to pensions for members of the Police Department in Cities having a population of 150,000 according to the last census of the United States or any subsequent census thereof and providing a new pension system for members of the Police Department in such Cities (Ga. Laws 1933, pp. 213-224), so as to provide for a refund of contributions by members made for months for which no pension credit accrues, upon being compelled to retire; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA and it is hereby enacted by authority of the same that the Act entitled an Act to repeal an Act approved August 18, 1925, relating to pensions for members of the Police Department in cities having a population of 150,000 according to the census of the United States for 1920 and providing a new pension system for such cities (Ga. Laws 1933, pp. 213-224), be and the same hereby is further amended as follows:
TUESDAY, FEBRUARY 11, 1958
623
SECTION 1
By adding, after Section 13, a new section which shall be Section 13a, and which shall read as follows:
"Section 13a. When any member shall be compelled to retire because of age or disability, such member shall be entitled to re ceive a refund of all amounts deducted from his salary for pension purposes for any months for which he cannot receive credit on his pension."
SECTION 2
That all laws and parts of laws in conflict herewith are hereby repealed.
The report of the committee which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 151, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
HB 947. By Messrs. Holloway and Busbee of Dougherty:
A Bill to be entitled an Act to amend an Act creating a 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 151, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 948. By Messrs. Holloway and Busbee 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 151, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 952. By Messrs. Busbee and Holloway 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.
624
JOURNAL OP THE HOUSE,
On the passage of the Bill, the ayes were 151, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 953. By Messrs. Chastain and Willis of Thomas:
A Bill to be entitled an Act to amend the Charter of the City of Thomasville; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 151, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 954. By Mr. Walker of Telfair:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Milan; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 151, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 955. By Messrs. Cheatham, Eyler and Brennan of Chatham:
A Bill to be entitled an Act to amend an Act incorporating and creat ing a charter for the City of Port Wentworth; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 151, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 958. By Messrs. McClelland, Brooks and Smith of Fulton:
A Bill to be entitled an Act to amend an Act creating 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 151, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
TUESDAY, FEBRUARY 11, 1958
625
HB 959. By Messrs. McWhorter, Mackay and Rutland of DeKalb:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Chamblee; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 151, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 962. By Messrs. Pickett and Coalson of Polk: A Bill to be entitled an Act to place the Coroner of Polk 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 151, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 963. By Messrs. Coalson and Pickett of Polk: A Bill to be entitled an Act to amend an Act creating a new charter 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 151, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 964. By Mr. Hendrix of Long:
A Bill to be entitled an Act to amend an Act supplementing the com pensation of the Ordinary of Long County; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 151, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 965. By Mr. Hendrix of Long:
A Bill to be entitled an Act to amend an Act establishing a City Court of Ludowici; and for other purposes.
626
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 151, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 969. By Messrs. McKenna, Carlisle and Wilson of Bibb:
A Bill to be entitled an Act to close an alley known as Cemetery Lane 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 151, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 956. By Mr. Kelley of Dawson:
A Bill to be entitled an Act to amend an Act creating the office of County Tax Commissioner of Dawson County; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 151, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HR 401-968d. By Mr. Land of Wilkinson:
A Resolution to designate the bridge over Turkey Creek as the E. Cuyler Adams 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 151, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
HB 968. By Messrs. McClelland, Brooks and Smith of Fulton: A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Fairburn; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 151, nays 0.
TUESDAY, FEBRUARY 11, 1958
627
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:
HB 776. By Messrs. Killian and Gowen of Glynn:
A Bill to be entitled an Act to amend the Charter of the City of Brunswick; to authorize the City Commission to close certain streets; and for other purposes.
HB 795. By Messrs. Coalson and Pickett of Polk:
A Bill to be entitled an Act creating a Board of Commissioners of Roads and Revenues in and for the County of Polk; and for other purposes.
HB 796. By Messrs. Coalson and Pickett of Polk:
A Bill to be entitled an Act creating and establishing a Board of Commissioners of Roads and Revenues for Polk County relative to election of County Attorney; and for other purposes.
HB 808. By Mr. Long of Murray:
A Bill to be entitled an Act to abolish Ross Avenue and a portion of Walnut Street in Sanders Heights, Murray County, Georgia; and for other purposes.
HB 810. By Mr. Gross of Dade:
A Bill to be entitled an Act to create the Dade County Water Authority; and for other purposes.
HB 815. By Mr. Harrison of Franklin:
A Bill to be entitled an Act to amend an Act incorporating the City of Lavonia; and for other purposes.
HB 816. By Mr. Frazier of Jeff Davis:
A Bill to be entitled an Act to create a Board of Commissioners of Roads and Revenues of Jeff Davis County; and for other purposes.
HB 819. By Messrs. Holcombe, Reed and Willingham of Cobb:
A Bill to be entitled an Act to amend an Act to create a new charter for the City of Marietta, to change the corporate limits of said City; and for other purposes.
628
JOURNAL OF THE HOUSE,
The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following Bills and Resolutions of the House and Senate to wit:
HB 830. By Messrs. Pickard, Nilan, and Young of Muscogee:
A Bill to be entitled an Act establishing a metropolitan planning dis trict for the City of Columbus and Muscogee County; and for other purposes.
HB 831. By Mr. Barrett of Cherokee:
A Bill to be entitled an Act to authorize and empower the governing authorities of certain counties to license amusement machines; and for other purposes.
HB 832. By Messrs. Pickard, Nilan and Young of Muscogee:
A Bill to be entitled an Act to amend an Act to provide that Muscogee County shall provide a permanent pension fund for present and future employees; and for other purposes.
HB 834. By Messrs. Gunter and Overby of Hall:
A Bill to be entitled an Act to amend the Charter of the City of Gainesville, so as to add two Commissioners; and for other purposes.
HB 845. By Mr. Smith of Emanuel:
A Bill to be entitled an Act to amend an Act incorporating the City of Swainsboro, so as to increase the corporate limits; and for other purposes.
HR 251. By Mr. Orr of Wilkes:
A Resolution proposing an amendment to the Constitution to provide for election of members of the Board of Education of Wilkes County; and for other purposes.
HR 257. By Messrs. Blalock and Lee of Clayton:
A Resolution proposing an amendment to the Constitution to provide for issuance of bonds for school purposes in Clayton County; and for other purposes.
HR 259. By Mr. Kimmons of Pierce:
A Resolution proposing an amendment to the Constitution to provide for the election of members of the Board of Education of Pierce County; and for other purposes.
TUESDAY, FEBRUARY 11, 1958
629
The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following Bills and Resolutions of the House and Senate to wit:
HR 276. By Mr. Harper of Gilmer:
A Resolution proposing an Amendment to the Constitution so as to provide for election of members of the Board of Education of Gilmer County by districts; and for other purposes.
HR 312. By Mr. Cagle of Pickens:
A Resolution proposing amendment to the Constitution so as to provide for election of members of the Board of Education of Pickens County; and for other purposes.
HR 322. By Mr. Watson of Houston: A Resolution proposing an amendment to the Constitution to provide for election of members of Board of Education of Houston County; and for other purposes.
HR 332. By Messrs. Reed, Holcombe and Willingham of Cobb: A Resolution proposing amendment to the Constitution to authorize the City of Marietta to combine and operate the water and sewerage system and electric system of said city; and for other purposes.
HR 351. By Messrs. Kidd and Griffith of Baldwin: A Resolution proposing an amendment to the Constitution so as to authorize Baldwin County to levy a tax for promoting industries; and for other purposes.
HR 354. By Messrs. Short and Newton of Colquitt: A Resolution proposing an amendment to the Constitution to authorize Colquitt County to collect license fees outside the incorporated limits of municipalities; and for other purposes.
HR 402. By Mr. Kidd of Baldwin: A Resolution to express appreciation to the management of the Biltmore Hotel; and for other purposes.
HR 410. By Mr. McClelland of Fulton: A Resolution to commend the founders of the Trinity Church Plan Foundation on their excellent work in behalf of the Churches of Georgia.
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:
630
JOURNAL OF THE HOUSE,
SB 199. By Senators Hawes of the 30th, Trotter of the 37th, Mallory of the 25th and Poster of the 26th:
A Bill to amend the "Uniform Act Regulating Traffic on Highways" so as to change the provisions relative to the inspection of motor vehicles; to change the provisions for setting speed limits on highways inside municipal corporations; and for other purposes.
SB 201. By Senators Hawes of the 30th, Trotter of the 37th, Mallory of the 25th and Foster of the 26th:
A Bill to amend Section 38-602 of the Code of Georgia so as to provide that a certified copy of the motor vehicle operator's license revocation order issued by the Director of the Department of Public Safety shall be primary evidence; and for other purposes.
SB 208. By Senator Sanders of the 18th:
A Bill to provide for summary judgments in the courts of this State; to define the courts to which this Act shall apply; and for other purposes.
SB 215. By Senator Kelley of the 10th:
A Bill to provide that no judgment or decree of any court shall in any way affect the title to real property until said judgment or decree is recorded in the office of the Clerk of the Superior Court in the real estate records of the county in which such real property is located; and for other purposes.
SB 218. By Senator Hawes of the 30th:
A Bill to authorize all eligible officers and employees of the Jekyll Island State Park Authority to become members of the Employees' Retirement System of Georgia; and for other purposes.
SB 219. By Senator Hawes of the 30th:
A Bill to authorize the State Highway Department to reimburse the State Department of Law for expenses incurred for legal services by any Assistant Attorney General or Deputy Assistant Attorney General assigned by the Attorney General of Georgia to perform specific items of legal work in connection with the acquisition of rights-of-way on State Road System; 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 House and Senate to wit:
SB 229. By Senator McGarity of the 35th:
A Bill to amend the Act relating to the qualifications of an agent for the Georgia Bureau of Investigation so as to change the provisions
TUESDAY, FEBRUARY 11, 1958
631
relating to qualifications of an agent of the Georgia Bureau of Investi gation; to provide that persons successfully completing one years study in a law school chartered in this State shall be eligible for an appointment as an agent for the Georgia Bureau of Investigation; and for other purposes.
SB 248. By Senators Everett Williams of the 49th and Sanders of the 18th:
A Bill to create a Georgia Recreation Commission; to provide for the members of the Commission; to provide for the powers and duties of the Commission; and for other purposes.
SB 255. By Senators Howard of the 17th; Pelham of the 7th and Sanders of the 18th:
A Bill to amend the Act creating a Georgia Commission on Alcoholism so as to change the per diem of the members of the Commission; to provide that no travel expenses shall be paid without prior approval of a majority vote of the members of the Commission; and for other purposes.
SB 258. By Senator Trotter of the 37th:
A Bill to authorize Notaries Public to be official witnesses to deeds, bills of sale to secure debt, and any other written instrument executed to or by a bank or other corporation of which the Notary Public is a stockholder, director, officer or employee; and for other purposes.
SB 260. By Senator Pound of the 20th:
A Bill to amend the Act incorporating certain churches and camp grounds and appointing trustees for the same. (Ga. Laws 1833, p. 44) by striking from Section 12 of said act the following words: "Pro vided, that they shall not be authorized to alien or convey any property of said church, without the consent of a majority of the male members thereof"; and for other purposes.
SB 261. By Senator Crawford of the 1st:
A Bill to amend Section 38-1501 of the Code of Georgia, pertaining to the attendance of witnesses and the fees therefor; so as to make the provisions of said section applicable to city and recorders' courts in certain counties; and for other purposes.
The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following Bills and Resolutions of the House and Senate to wit:
SB 263. By Senator Crawford of the 1st:
A Bill to amend an Act relating to the compensation of officials of the City Court of Savannah (Ga. Laws 1949, p. 403), so as to change the provisions relating to the compensation of the clerk of said court; and for other purposes.
632
JOURNAL OF THE HOUSE,
SB 264. By Senator Crawford of the 1st:
A Bill to amend an Act prescribing the compensation for the Tax Commissioner of Chatham County, (Georgia Laws 1957, p. 2357), so as to change the minimum amount of such compensation; and for other purposes.
SR 91. By Senator Sanders of the 18th:
A Resolution providing for conveyance by the State of Georgia, so as to authorize conveyance of said property to the Richmond 4-H Clubs, Inc., subject to the reversionary interest of the original grantor, Mrs. Eliza H. S. Nixon, who consents to such conveyance; and for other purposes.
SR 112. By Senator Gould of the 4th:
A Resolution designating U. S. Route 17 as the "Ocean Hiway"; and for other purposes.
SR 120. By Senator Dunn of the 8th:
A Resolution authorizing the Governor of Georgia to convey to the City of Donalsonville that property donated to the State by said City and which comprises the present district headquarters of the State Patrol located in said City upon the delivery by the City of a Warranty deed conveying to the State, in fee simple, the property to comprise the new district headquarters of the State Patrol located in said City; and for other purposes.
SR 121. By Senator Dunn of the 8th:
A Resolution proposing an amendment to the Constitution of the State of Georgia so as to authorize the governing authority of Seminole County to levy and collect a tax for industrial purposes; to provide how the funds derived from said tax shall be used; 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 770. By Mr. McCracken of Jefferson:
A Bill to be entitled an Act to amend an Act incorporating the town of Louisville, to change the corporate limits; and for other purposes.
HB 848. By Messrs. Story and Moss of Gwinnett:
A Bill to be entitled an Act to incorporate the City of Duluth, to pro vide a municipal government therefor; 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:
TUESDAY, FEBRUARY 11, 1958
633
SR 91. By Senator Sanders of the 18th:
A Resolution to amend a Resolution providing for conveyance by the State of property in Richmond County subject to the reversionary interest of Mrs. Eliza H. S. Nixon; and for other purposes.
Referred to Committee on State Institutions & Property.
SR 112. By Senator Gould of the 4th:
A Resolution designating U. S. Route 17 as the "Ocean Hiway"; and for other purposes.
Referred to Committee on State of Republic.
SR 120. By Senator Dunn of the 8th:
A Resolution authorizing the conveyance of certain State property comprising the District Headquarters of the State Patrol located in the City of Donalsonville, upon the delivery of a deed to the property to comprise the new district headquarters of the State Patrol in said City; and for other purposes.
Referred to Committee on State Institutions & Property.
SR 121. By Senator Dunn of the 8th:
A Resolution proposing an amendment to the Constitution of the State of Georgia so as to authorize the governing authority of Seminole County to levy and collect a tax for industrial purposes; and for other purposes.
Referred to Committee on Local Affairs.
SB 199. By Senators Hawes of the 30th, Trotter of the 37th, Mallory of the 25th and Foster of the 26th:
A Bill to be entitled an Act to amend the "Uniform Act Regulating Traffic on Highways" so as to change the provisions for setting speed limits on Federal highways inside municipal corporations; and for other purposes.
Referred to Committee on Motor Vehicles.
SB 201. By Senators Hawes of the 30th, Trotter of the 37th, Mallory of the 25th and Foster of the 26th:
A Bill to be entitled an Act to amend Section 38-602 of the Code of Georgia so as to provide that a certified copy of the motor vehicle operator's license revocation order issued by the Director of the Dept. of Public Safety shall be primary evidence; and for other purposes.
Referred to Committee on Motor Vehicles.
SB 208. By Senator Sanders of the 18th: A Bill to be entitled an Act to provide for summary judgments in the courts of this State; to define the courts to which this Act shall apply; and for other purposes.
Referred to Committee on Judiciary.
634
JOURNAL OF THE HOUSE,
SB 215. By Senator Kelley of the 10th:
A Bill to be entitled an Act to provide that no judgment or decree of any court shall affect the title to real property until said judgment is recorded in court records of county in which property is located; and for other purposes.
Referred to Committee on Judiciary.
SB 218. By Senator Hawes of the 30th:
A Bill to be entitled an Act to authorize all eligible officers and employees of the Jekyll Island State Park Authority to become mem bers of the Employees' Retirement System of Georgia; and for other purposes.
Referred to Committee on Industrial Relations.
SB 219. By Senator Hawes of the 30th:
A Bill to be entitled an Act authorizing the State Highway Dept. to reimburse the State Dept. of Law for expenses incurred for legal services by any Assistant Attorney General or Deputy Assistant Attorney General; and for other purposes.
Referred to Committee on Judiciary.
SB 229. By Senator McGarity of the 35th:
A Bill to be entitled an Act to amend an Act relating to qualifications of an agent for Ga. Bureau of Investigation so as to change the pro visions relating to qualifications of an agent; and for other purposes.
Referred to Committee on State of Republic.
SB 248. By Senators Williams of the 49th and Sanders of the 18th:
A Bill to be entitled an Act to create a Ga. Recreation Commission; to provide for the members of the Commission; and for other purposes.
Referred to Committee on Natural Resources.
SB 255. By Senators Howard of the 17th, Pelham of the 7th, and Sanders of the 18th:
A Bill to be entitled an Act to amend an Act creating the Ga. Com mission on Alcoholism, approved Feb. 21, 1951 (Ga. Laws 1951, p. 806), as amended by an Act approved Feb. 15, 1952 (Ga. L. 1952, p. 403) ; and for other purposes.
Referred to Committee on Hygiene & Sanitation.
SB 258. By Senator Trotter of the 37th:
A Bill to be entitled an Act concerning Notaries Public who are stockholders, directors, officers or employees of banks or other cor porations; and for other purposes.
Referred to Committee on Banks & Banking.
TUESDAY, FEBRUARY 11, 1958
635
SB 260. By Senator Pound of the 20th:
A Bill t be entitled an Act to amend the Act incorporating certain Churches and Camp Grounds and appointing trustees for the same, (Ga. Laws 1833, p. 44) by striking a portion of Section 12 of said Act; and for other purposes.
Referred to Committee on Special Judiciary.
SB 261. By Senator Crawford of the 1st:
A Bill to be entitled an Act to amend Code Section 38-1501 pertaining to attendance of witnesses and fees therefor making section applicable to city and recorders' courts in certain counties; and for other purposes.
Referred to Committee on Judiciary.
SB 263. By Senator Crawford of the 1st:
A Bill to be entitled an Act to amend an Act relating to the com pensation of officials of the City Court of Savannah, so as to change the provisions relating to the compensation of the clerk of said court; and for other purposes.
Referred to Committee on Local Affairs.
SB 264. By Senator Crawford of the 1st:
A Bill to be entitled an Act to amend an Act prescribing the compensa tion for the Tax Commissioner of Chatham County, approved March 5, 1957 (Ga. Laws 1957, p. 2357), so as to change the minimum amount of such compensation; to repeal conflicting laws; and for other pur poses.
Referred to Committee on Local Affairs.
The following Bill of the House was taken up for the purpose of further considering the Senate amendment thereto:
HB 505. By Messrs. A. Campbell and W. Campbell of Walker:
A Bill to be entitled an Act to amend the Charter of the City of Rossville; and for other purposes.
Mr. W. Campbell of Walker moved that the House insist on its position in disagreeing to the Senate amendment to HB 505, and that a Committee on Conference 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. A. Campbell and W. Campbell of Walker:
The following Rules committee report was read:
636
JOURNAL OF THE HOUSE,
February 11, 1958. Mr. Speaker:
Your Committee on Rules met and fixed a calendar for today's business, Tuesday, February 11, 1958 and submits the following:
HB 775. Livestock Disease Control Board. HB 421. Registration of boats. HB 761. Arbitration tax assessments. HB 863. Marriage Licenses. HR 256-662f. Trolleys, transit equipment. SB 191. Minimum Foundation Program. HB 945. Stone Mountain, acquisition by State. HB 946. Stone Mountain Memorial Association, create. HB 439. Motor Common Carrier Act. HB 677. Capital gains and losses. HR 323. Insurance Laws Revision Committee. HB 137. Employment, School Personnel. HB 663. Teachers Retirement System; prior service for military. HB 835. Judges Superior Courts Emeritus. HB 837. Judges Pro hac vice. HR 313-772d. Chief Justice, Emeritus. HB 961. Law, practice without examination. HB 57. Prohibit advertising liquor. HB 641. Planning Commissions, municipal. HB 642. Facsimile Signature, officials. HB 844. State Tort Claims Act, create. HB 892. Mentally Retarded Children (pp. 2/11). HR 333-787b. Governor to sell surplus property (pp. 2/11).
HB 840. Economic Poisons Act. HB 894. Workmen Compensation; "employee" "employer". HB 897. State Detention Homes Act. HR 369-881a. Constitutional amendment; Peace Officers Fund. HB 661. Ordinary, close office.
The Speaker in his discretion may call any Bill on the Rules Calendar in any order that he deems expedient.
TUESDAY, FEBRUARY 11, 1958
637
After this Calendar has been exhausted the Speaker may in his discretion call up any Bill on the General Calendar.
Colbert Hawkins, Vice-Chairman
McCracken of Jefferson, Secretary.
Mr. Brooks of Fulton moves to amend the Rules committee report by adding thereto HB 46.
On the motion to amend the Rules Committee report, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.
Adams Blalock of Coweta Brooks of Fulton Busbee Cheatham Coalson Eyler Fowler of Douglas Frazier Greene of Bartow Gunter Hardaway
Harrison Hodges of Ware Holloway Ingle Kelley Lam Lee Miller of Elbert McClelland Nichols Payton Perry
Pickett Reed Rowland Russell Smith of Fulton Tarpley Wilson Winkle Wooten Young
Those voting in the negative were Messrs.:
Ballard Barber Baughman Birdsong Bodenhamer Boggs Bolton Brackin Bradley Brooks of Oglethorpe Broome Cagle Callier Carswell Chastain Cloud Cocke Craven Denmark Elder Floyd Flynt Fowler of Douglas Green of Rabun Grimsley Hall of Floyd Hall of Lee
Hawkins Hendrix Hodges of Butts Hogan Huddleston Hurst Johnson Jones of Worth Jones of Baker Jones of Laurens Jones of Sumter Jones of Crawford Kennedy Key Lancaster Land Lindsey Lokey Lott Mann Martin Matthews Mobley Moorman Morris Murphy Musgrove
McCracken McGibony McKenna Neese Nilan Orr Parker of Pike Parker of Appling Pelham Perkins Pettey Phillips of Columbia Phillips of Walton Pickard Ramsey Raulerson Ray Ross Rutland Scoggin Sivell Smith of Bryan
Souter Stephens Story Tabb Tamplin
638
JOURNAL OF THE HOUSE,
Taylor
Todd Truelove Twitty
Underwood
Walker of Telfair Watson Wells
White Willingham Willis
On the motion to amend the Rules Committee report, the ayes were 34, nays 92.
The motion was lost.
The Rules Committee report was adopted.
Under the order of business established by the Committee on Rules the following Bills and Resolutions of House and Senate were taken up for con sideration and read the third time:
HB 775. By Mr. Fowler of Douglas:
A Bill to be entitled an Act to amend an Act creating a Livestock and Poultry Disease Control Board; and for other purposes.
The following substitute was read and adopted:
By Mr. Fowler of Douglas:
AN ACT
To amend an Act creating a Livestock and Poultry Disease Control Board, approved February 23, 1956 (Ga. Laws 1956, p. 247), so as to clarify the provision for the compensation of the members of the Board; to clarify the membership of the Board; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1
An Act creating a Livestock and Poultry Disease Control Board, approved February 23, 1956 (Ga. Laws 1956, p. 247), is hereby amended by striking Section 1 in its entirety and in lieu thereof inserting the following:
"Section 1. There is hereby created a Livestock and Poultry Disease Control Board to be composed of the Commissioner of Agriculture, ex officio, as chairman, and the following 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, or someone designated by the president, of the Georgia Poultry Federation; the president of the Georgia Milk Producers Association; the presi dent of the Georgia Sheep Breeders Association; the president, or some person designated by the president of the Georgia Farm Bu reau Federation; the president, or some person designated by the president of the Georgia Stockyard Operators Association; the Dean of the College of Agriculture or some person designated by him; the Director of the Experimental Stations or some person
TUESDAY, FEBRUARY 11, 1958
639
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 desig nated by him. Each member of the Board, except the Chairman, shall be compensated in the amount of $20.00 for each day of service on business of the Board to be paid from the funds of the Depart ment of Agriculture. No member shall be paid more than $240.00 per annum. The chairman shall serve without compensation."
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 roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Ballard Barber Barrett Baughman Birdsong Blalock of Coweta Blalock of Clayton Bodenhamer Boggs Bolton Brackin Brooks of Oglethorpe Broome Busbee Cagle Caldwell Callier A. Campbell of
Walker W. Campbell of
Walker Carlisle Carr Carswell Chastain Cheatham Cheek Cloud
Coalson Cocke Cowart Craven Crummey Dorminy Echols Elder Ellis Eyler Fellows Floyd Fordham Fowler of Douglas Fowler of Treutlen Frazier Freeman Fuqua Gowen Green of Rabun Grimsley Gross of Stephens Hall of Lee Hardaway Harper Harrison Hawkins Henderson Hodges of Ware
Hodges of Butts Hogan Holcombe Holley Huddleston Hurst Ingle Irvin Johnson Jones of Worth Jones of Lumpkin Jones of Baker Jones of Sumter Jones of Crawford Kelley Kennedy Key Killian Kimmons King Lam Lancaster Land Lanier Lee Lindsey Lokey Mann Martin
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JOURNAL OF THE HOUSE,
Matthews Miles Miller of Elbert Mobley Moorman Morris Moss Murphy Murr
Musgrove McCracken McGibony McKenna McWhorter Neese Nichols Nilan Odom Orr Palmer
Parker of Ware Parker of Appling
Pelham Perry Peters Pettey Phillips of Columbia Phillips of Walton Pickett Ramsey Raulerson
Ray Reed Roberts Rowland Rutland Scoggin Sivell Smith of Forsyth Smith of Fulton Smith of Bryan Souter
Stephens Story
Summers Tabb Tamplin Tarpley Taylor Todd Truelove Twitty Underwood
Veal Walker of Telfair Watson Weems Wells Willingham Willis Winkle Wooten Wright of Floyd Wright of Lee
Young
On the passage of the Bill, by substitute, the ayes were 151, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
HB 421. By Messrs. Lindsey and Bolton of Spalding:
A Bill to be entitled an Act to provide for the registration of boats used in the State of Georgia; and for other purposes.
Mr. Raulerson of Echols moved that HB 421 be tabled, and the motion prevailed.
The Bill was tabled.
HB 761. By Mr. McCracken of Jefferson:
A Bill to be entitled an Act to amend an Act relating to the arbitration of tax assessments; 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:
TUESDAY, FEBRUARY 11, 1958
641
Those voting in the affirmative were Messrs.:
Adams Alien
Ballard Barber Baughrnan Birdsong Black
Blalock of Coweta Blalock of Clayton Bodenhamer Bolton Brackin Bradley Brennan Broome Budd Burkhalter Busbee Callier A. Campbell of
Walker W. Campbell of
Walker Carlisle Carr Carswell Carter Chastain Cheatham Cheek Cloud Coalson Cocke Cowart Craven Crummey Denmark Dorminy Duncan Echols Elder Ellis Eyler Fellows Flynt Fowler of Douglas Fowler of Treutlen Frazier
Fuqua Green of Rabun Greene of Bartow
Gross of Stephens Hall of Lee Harper Harrison Hawkins Helms Henderson Hill Hodges of Ware Hodges of Butts Hogan Holley Holloway Hurst Ingle Irvin Johnson Jones of Wayne Jones of Worth Jones of Lumpkin Jones of Baker Jones of Laurens Jones of Sumter Jones of Crawford Kelley Kennedy Key Killian Kimmons Lam Lancaster Land Lanier Lee Lokey Mackay Martin Matthews Miles Miller of Elbert Mobley Moorman Morris Murphy Murr Musgrove McClelland McCracken McGibony McKenna McWhorter
Orr Palmer Parker of Ware Parker of Appling Pelham Perry Peters Pettey Phillips of Walton
Pickett Ramsey Raulerson Ray Reed Roberts Rodgers of Charlton Rogers of Heard Rowland Rutland Scoggin Sheffield Sivell Smith of Forsyth Smith of Emanuel Smith of Fulton Smith of Bryan
Souter Stephens Story Summers Tabb Tamplin Tarpley Taylor Todd Truelove Twilty Underwood Veal Walker of Lowndes Walker of Telfair Watson Weems Willingham Wilson Winkle Wooten Wright of Floyd Wright of Dodge Yandle Young
On the passage of the Bill, the ayes were 152, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
642
JOURNAL OF THE HOUSE,
HB 863. By Mr. McCracken of Jefferson:
A Bill to be entitled an Act to authorize the Ordinary to return to the parties to a marriage, the license and the return thereon when the same shall have been recorded as provided by law; and for other pur poses.
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.:
Adams Ballard Barber Barrett Baughman Black Blalock of Clayton
Brennan Brooks of Fulton Broome Budd Busbee Callier A. Campbell of
Walker W. Campbell of
Walker Carlisle Carr Carswell Carter Chastain Cheatham Cheek Coalson Cowart Craven Crummey Dorminy Duncan Echols Elder Ellis Eyler Fellows
Flynt Fowler of Douglas Fowler of Treutlen Frazier Fuqua Gowen Green of Rabun Greene of Bartow Griffith Gross of Stephens Gross of Dade Hall of Lee Harper Harrison Hawkins Henderson Hill Hodges of Ware Hodges of Butts Hogan Holcombe Holley Holloway Huddleston Hurst Ingle Irvin Johnson Jones of Wayne Jones of Lumpkin Jones of Baker Jones of Laurens Kelley Kennedy Key Kidd
Killian Kimmons King Lam Lancaster Land Lee Lokey Lott Mackay Mann Matthews Miles Miller of Twiggs Miller of Elbert Mobley Moorman Morris Moss Murphy Murr Musgrove McCracken McGibony
Neese Newton Nichols Nilan Palmer Parker of Ware Parker of Appling
Payton Perry Peters Phillips of Columbia
Ramsey
TUESDAY, FEBRUARY 11, 1958
643
Raulerson Ray Reed Roberts Rogers of Heard Ross Rowland Russell Rutland
Scoggin Smith of Forsyth Smith of Bryan Souter
Stephens Story Summers Tabb Tamplin Taylor Todd Truelove Twitty
Underwood Veal Walker of Lowndes Walker of Telfair
Watson Weems Willingham Willis Wilson Winkle Wooten Wright of Floyd Wright of Dodge
Yandle Young
On the passage of the Bill, the ayes were 143, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HR 256-662f. By Mr. McCracken of Jefferson:
A RESOLUTION
Proposing to the qualified voters of the State of Georgia an amendment to Article VII, Section VII, Paragraph V of the Consti tution of the State of Georgia incorporated in the Code of Georgia of 1933 as Section 2-6005, so as to authorize any county, municipal corporation or political subdivision of this State to provide funds for the purchase of busses, trolleys, and other transit equipment and properties used by or useful for street railroads and motor common carriers in the operation of their businesses; and for sale or lease by any county, municipal corporation or political subdivision of this State, of said busses, trolleys, and other transit equipment and properties to said companies upon such terms as may be agreed upon; to provide for the method of payment of said certificates and interest thereon by pledging revenue derived from the sale and leasing of said busses, trolleys, and other transit equipment and properties; to provide that said certificates and the pledge of revenues to pay same shall not be a debt of the respective issuing political subdivision within the meaning of Article VII, Section VII, Paragraph I, of the Constitution of the State of Georgia.
SECTION 1
Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same that Article VII, Section VII, Paragraph V, of the Constitution of the State of Georgia, incorporated in the Code of Georgia of 1933 as Section 2-6005, shall be amended, adding to the end thereof a new paragraph to be numbered "3" as follows:
"Provided, however that revenue anticipation obligations may be issued by any county, municipal corporation, or political sub division of this State to provide funds for the purchase of busses, trolleys, and other transit equipment and properties used by or useful for street railroads and motor common carriers in the opera tion of their businesses; and for the sale or lease by any county, municipal corporation or political subdivision of this State, of
644
JOURNAL OF THE HOUSE,
said busses, trolleys and other transit equipment and properties to said companies upon such terms as may be agreed upon. Such revenue anticipation obligations shall be payable as to principal and interest only from revenue produced by such transactions, and shall not be deemed debts of, or to create debts against, the issuing political subdivision within the meaning of the Constitution as amended; and no such issuing political subdivision shall exercise the power of taxation for the purpose of paying the principal or interest of any such revenue anticipation obligations or any part thereof. Such certificates may be issued bearing rate or rates of interest and maturing at the years and amounts as determined by the governing body of the issuing political subdivision, and when so authorized, the procedure of issuance and delivery, in cluding validation, shall be in all respects in accordance with the Revenue Certificate Law of 1937, as amended, as if said certifi cates had been originally authorized to be issued thereunder."
SECTION 2
Be it further enacted by the authority aforesaid, that when said amendment shall be agreed to by two-thirds of the members of each House, and the "Ayes" and "Nays" thereon, and published in one or more newspapers in each Congressional District in this State for two months previous to the time for holding the next general election, at which proposed amendments to the Constitution of this State may be voted on, and shall at said next general election be submitted to the people for ratification. All persons voting at said election in favor of adopting the said proposed amendment to the Constitution shall have written or printed on their ballots the words, "For ratification of amendment of Article VII, Section VII, Paragraph V, of the Consti tution authorizing any county, municipal corporation, or political sub division to issue revenue certificates from time to time for the purchase, sale and lease of busses, trolleys and other transit equipment and properties used by, or useful for, street railroads and motor common carriers, "and all persons opposed to the adopting of said amendment shall have written or printed on their ballots the words, "Against ratification of amendment of Article VII, Section VII, Paragraph V, of the Constitution authorizing any county, municipal corporation, or political subdivision to issue revenue certificates from time to time for the purchase, sale and lease of busses, trolleys and other transit equipment and properties used by, or useful for, street railroads and motor common carriers," and if a majority of the electors qualified to vote for members of the General Assembly, voting thereon, shall vote for ratification thereof, when the results shall be consolidated as now required by law in election for members of the General Assembly, the said amendments shall become a part of Article VII, Section VII, Para graph V, of the Constitution of the Stale, 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 roll call was ordered and the vote was as follows:
TUESDAY. FEBRUARY 11, 1958
645
Those voting in the affirmative were Messrs.:
Adams Alien Bagby Ballard Barber Barrett Baughman Black Blalock of Clayton Bodenhamer Boggs Bolton Brackin Bradley Brooks of Oglethorpe
Broome Burkhalter Busbee Caldwell
Callier A. Campbell of
Walker W. Campbell of
Walker Carlisle Carr Carswell Chastain Cheatham Cheek Cloud Coalson Cocke Cowart Craven Crummey Dorminy Duncan Echols Ellis Eyler Fellows Fowler of Douglas Fowler of Treutlen
Frazier Fuqua Gowen Green of Rabun
Griffith Grimsley Gross of Stephens Hall of Floyd Hall of Lee Harper
Harris on Hawking Henderson Hill Hodges of Ware Hodges of Butts Hogan Holley Hurst Huddleston Ingle Irvin Jessup Johnson Jones of Wayne Jones of Worth Jones of Lumpkin Jones of Baker Jones of Laurens Jones of Sumter Kelley Kennedy Key Kidd Killian Kimmons King Lancaster Land Lanier Larkins Lee Lokey Long Lott Mackay
Mann Martin Matthews Miles Miller of Twiggs Miller of Elbert Mobley Moorman Morris Moss Murphy Murr Musgrove McClelland McCracken McGibony Neese Newton
Nichols Odom Orr Parker of Ware Parker of Appling Pelham Perry Peters Phillips of Columbia Phillips of Walton Pickett Ramsey Raulerson Ray Reed Roberts Rogers of Heard Ross Rowland Russell Rutland Scoggin Singer Smith of Forsyth Smith of Lamar Smith of Whitfield Smith of Bryan Souter Stephens Story Summers Tabb Tamplin Tarpley Taylor Todd Truelove Twitty
Underwood Veal Walker of Lowndes Walker of Telfair Watson Weems Willingham Willis Winkle Wooten Wright of Floyd Wright of Dodge Yandle Young
646
JOURNAL OF THE HOUSE,
On the adoption of the Resolution, the ayes were 159, nays 0.
The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.
SB 191. By Senators Hill of the 54th, Crawford of the 1st, and many others:
A Bill to be entitled an Act to amend an Act known as the Minimum Foundation Program of Education Art; 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.:
Adams Alien Bagby Ballard Barber Barrett Baughman Birdsong Black Blalock of Coweta Blalock of Clayton Bodenhamer
Brackin Broome Burkhalter Busbee Cagle Caldwell Callier A. Campbell of
Walker W. Campbell of
Walker Carlisle Carswell Carter Chastain Cheatham Cheek Coalson Cocke Cowart
Craven Crummey Denmark Dorminy Echols Elder Ellis Eyler Fellows Floyd Flynt Fordham Fowler of Douglas Fowler of Treutlen Frazier Fuqua Gowen Green of Rabun Greene of Bartow Grimsley Gross of Stephens Gross of Dade Gunter Hall of Floyd Hall of Lee Harper Harrison Hawkins Henderson Hendrix Hill Hodges of Butts Hogan
Holcombe Holley Holloway Huddleston Ingle Irvin Jessup Johnson Jones of Wayne Jones of Worth Jones of Lumpkin Jones of Baker Jones of Laurens Jones of Sumter Jones of Crawford Kelley Kennedy Key Killian Kimmons Lam Lancaster Land Lanier Larkins Lee Lokey Long Lott Mackay Mann Martin Miles
TUESDAY, FEBRUARY 11, 1958
647
Miller of Elbert Mobley Moorman Morris Moss Murphy Murr Musgrove McClelland McCracken McGibony McKenna Neese Newton Nichols Odom Orr Palmer Parker of Ware Parker of Appling Payton Pelham Perry
Peters Pettey Phillips of Columbia Phillips of Walton
Ramsey Ray Reed Roberts Rodgers of Charllon Rogers of Heard Rowland Rutland Scoggin Singer Sivell Smith of Forsyth Smith of Emanuel Smith of Whitfield Smith of Bryan
Souter Stephens
Story Summers
Tabb Tamplin Tarpley Taylor Todd Truelove Twitty Underwood Veal Walker of Lowndes Walker of Telfair Weems Wells White Willingham Willis Wilson Winkle Woo ten Wright of Dodge Yandle
Those voting in the negative were Messrs.:
Pickard
Pickett
Young
On the passage of the Bill, the ayes were 164, nays 3.
The Bill, having received the requisite constitutional majority, was passed.
HB 945: By Messrs. Moate of Hancock, Hawkins of Screven, Jessup of Bleckley and Sheffield of Brooks:
A Bill to be entitled an Act to authorize the acquisition by the State, of Stone Mountain and the area surrounding the same; and for other purposes.
The following amendment was read:
Mr. Pickard of Muscogee moves to amend HB 945 by adding a Section to read:
"Stone Mountain to be purchased only after an appropriation is made for its purchase in the next general appropriation Bill to be passed at the next regular session of the General Assembly."
On the adoption of the amendment, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Ballard Barber
Barrett Black Bolton
Bradley Carlisle Carter
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JOURNAL OF THE HOUSE,
Cheek Cowart Dorminy Ellis Fordham Fowler of Treutlen Frazier Freeman Fuqua Gunter Harrison Hodges of Ware
Irvin Jones of Laurens Kidd Lancaster Lanier Lott Love Murphy McKenna Nichols Overby Parker of Ware
Parker of Appling Rogers of Heard Ross Russell Singer Sivell Summers Truelove Underwood Wilson Young
Those voting in the negative were Messrs.:
Baughman Birdsong Blalock of Clayton Bodenhamer Boggs Brackin Brennan Brooks of Oglethorpe Brooks of Fullon Broome Budd Busbee Caldwell Callier A. Campbell of
Walker W. Campbell of
Walker Carswell Chastain Cheatham Cloud Cocke Crummey Denmark Duncan Echols Elder Eyler Floyd Flynt Fowler of Douglas Gowen Greene of Bartow Griffith Grimsley Gross of Stephens Gross of Dade Hall of Floyd Hall of Lee Hardaway
Hawkins Helms Henderson Hendrix Hodges of Butts Hogan Holcombe Holley Holloway Hurst Ingle Jessup Johnson Jones of Wayne Jones of Worth Jones of Baker Jones of Sumter Jones of Crawford Kelley Kennedy Key Killian Land Larkins Lee Mackay Mann Martin Matthews Miles Miller of Twiggs Miller of Elbert Mobley Morris Moss Murr Musgrove McClelland McGibony McWhorter Neese
Newton Nilan Odom Orr Palmer Perkins Perry Peters Pettey Phillips of Columbia Phillips of Walton Pickett Ramsey Raulerson Reed Rodgers of Charlton Rutland Scoggin Sheffield Smith of Forsyth Smith of Enianuel Smith of Lamar Smith of Fulton Smith of Whitfield Souter Stephens Story Tamplin Tarpley Taylor Veal Walker of Lowndes Walker of Telfair Watson Weems White Willingham Winkle Wright of Dodge
TUESDAY, FEBRUARY 11, 1958
649
On the adoption of the amendment, the ayes were 44, nays 110.
The amendment was lost.
The following amendment was read:
Mr. Lanier of Candler moves to amend HB 945 by adding- a new section to be known as Section 8, as follows:
"This Act shall have no effect until approved by a majority vote of all persons voting in the next General Election; and the Act shall be submitted for approval or disapproval at said General Election."
On the adoption of the amendment, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.
Adams Alien Bagby Ballard Black Bradley Carlisle Cheek Dorminy Fordham Fowler of Treutlen
Frazier Fuqua Gross of Stephens
Gunter Hill Hodges of Ware Irvin Jones of Laurens Kidd Lancaster Lanier Lindsey Lott Love Murphy McKenna Overby
Parker of Ware
Parker of Appling Roberts Rogers of Heard Ross Russell Singer Sivell Summers Underwood Wilson Young
Those voting in the negative were Messrs.:
Barber Baughman Birdsong Blalock of Clayton Bodenhamer Boggs Bolton Brackin Brennan Brooks of Oglethorpe Brooks of Fulton Broome Budd Busbee Cagle Callier A. Campbell of
Walker W. Campbell of
Walker
Carr Carswell Carter Chastain Cheatham Cloud Cocke Crummey Denmark Duncan Echols Eyler
Fellows Floyd Flynt Fowler of Douglas Gowen Greene of Bartow Griffith Grimsley
Gross of Bade Hall of Floyd Hall of Lee Hardaway Hawkins Henderson Hogan Holcombe Holley Holloway Hurst Ingle Jessup Johnson
Jones of Wayne Jones of Worth Jones of Baker Jones of Sumter Jones of Crawford Kelley
650
JOURNAL OF THE HOUSE,
Kennedy Key Killian King Land Larkins Long Mackay Mann Martin Matthews Miles Miller of Twiggs Miller of Elbert Mobley Moorman Morris Murr Musgrove McClelland McCracken McGibony McWhorter
Neese Newton Nilan Odom Orr Palmer Parker of Pike Perkins Perry Peters Pettey Phillips of Columbia Phillips of Walton Pickett Ramsey Raulerson Reed Rodgers of Charlton Rowland Rutland Scoggin Sheffield Smith of Forsyth
Smith of Emanuel Smith of Lamar Smith of Fulton Smith of Whitfield Souter Stephens Story Tabb Tamplin Tarpley Taylor Truelove Twitty Walker of Lowndes Walker of Telfair Watson Weems White Willingham Willis Winkle Wright of Dodge
On the adoption of the amendment, the ayes were 40, nays 126.
The amendment was lost.
The following amendment was read:
Mr. Lanier of Candler moves to amend HB 945 as follows:
To add at the end of Section 2 thereof the following:
"Provided, however, that the total purchase price, whether determined by negotiation or by condemnation, to be paid from the State funds shall not exceed Seven Hundred and fifty thousand dollars ($750,000.00)."
and by adding at the end of Section 6 thereof the following:
"Said available funds not to exceed the total sum of Seven Hundred and Fifty Thousand Dollars ($750,000.00)."
On the adoption of the amendment, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Bagby
Ballard Bradley Burkhalter Cheek Ellis Flynt
Fowler of Treutlen Frazier
Fuqua Gunter Hill Hodges of Ware Irvin Kelley
Kidd Lanier
Lott Love Miller of Twiggs Murphy McKenna Nichols
TUESDAY, FEBRUARY 11, 1958
651
Overby Palmer Parker of Ware Parker of Appling
Payton Rogers of Heard Ross Truelove
Underwood Wilson Wooten Young
Those voting in the negative were Messrs.:
Barber Baughman Birdsong Blalock of Clayton Bodenhamer
Boggs Brennan Brooks of Oglethorpe Brooks of Fulton Broome Budd Busbee Cagle Caldwell Callier Carlisle Carr Carswell Carter Chastain Cheatham Cloud Cocke Crummey Denmark Duncan Echols Eyler Fellows Floyd Fowler of Douglas Gowen Greene of Bartow Griffith Grimsley Gross of Stephens Hall of Floyd Hall of Lee Hardaway
Harper Harrison Hawkins Henderson Hendrix Hogan Holcombe Holley Holloway Ingle Jessup Johnson Jones of Wayne Jones of Worth Jones of Baker Jones of Laurens Jones of Sunuer Jones of Crawford Kennedy Key Killian
Lancaster Larkins Lokey Long Mackay Mann Martin Matthews Miles Miller of Elbert Mobley Morris Moss Musgrove McClelland McCracken McGibony McWhorter
Newton Nilan Odom Orr Parker of Pike Perkins Perry Peters Pettey Phillips of Columbia Phillips of Walton Pickett Ramsey Reed Rodgers of Charlton Rutland Scoggin Sheffield Smith of Forsyth Smith of Lamar Smith of Fulton Smith of Whitfield Souter Stephens Story Tabb Tamplin Tarpley Taylor Walker of Lowndes Walker of Telfair Watson Weems White Willingham Willis Winkle Wright of Floyd Wright of Dodge
On the adoption of the amendment, the ayes were 36, nays 119.
The amendment was lost.
The previous question was ordered.
The main question was ordered.
652
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 roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Alien Bagby Barber Barrett Baughman Birdsong Blalock of Clayton Bodenhamer Boggs Bolton Brackin Brennan Brooks of Oglethorpe Brooks of Pulton
Broome Budd Burkhalter Busbee Caldwell Callier A. Campbell of
Walker W. Campbell of
Walker Carlisle Carr Carswell Carter Cha stain Cheatham Cloud Coalson Cowart Craven Crummey Denmark Duncan Echols Elder Eyler Fellows Floyd Flynt Fowler of Douglas
Freeman Gowen Green of Rabun Greene of Bartow
Grimsley Gross of Stephens Gross of Dade Hall of Floyd Hall of Lee Hardaway Harrison Hawkins Helms Henderson Hendrix Hodges of Butts Hogan Holcombe Holley Holloway Hurst Ingle Jessup Johnson Jones of Wayne Jones of Worth Jones of Lumpkin Jones of Baker Jones of Laurens Jones of Sumter Jones of Crawford Kennedy Key Killian Kimmons King Lancaster Land Larkins Lee Lindsey Lokey Long Mackay Mann Martin Matthews Miles Miller of Elbert Mobley Moorman Morris
Moss Murr Musgrove McClelland McCracken McGibony McWhorter Neese Newton Nichols Nilan Odom Orr Palmer Parker of Pike Pelham Perkins Perry Peters Pettey Phillips of Columbia Phillips of Walton Pickett Ramsey Raulerson Reed Roberts Rodgers of Charlton Rowland Russell Rutland Scoggin Sheffield Short Smith of Forsyth Smith of Emanuel Smith of Lamar Smith of Fulton Smith of Whitfield Souter Stephens Story Summers Tamplin Tarpley Taylor Todd Twitty
TUESDAY, FEBRUARY 11, 1958
653
Veal Walker of Lowndes Walker of Telfair Watson
Weems White Willingham Willis
Winkle Wright of Dodge Yandle
Those voting in the negative were Messrs.:
Adams Black Blalock of Coweta Bradley Cagle Cheek Dorminy Ellis Fordham Fowler of Treutlen Frazier Fuqua Griffith Gunter
Harper Hill Hodges of Ware Irvin Kidd Lanier Lott Love Miller of Elbert Murphy McKenna Overby Parker of Ware Parker of Appling
Payton Pickard
Ray Rogers of Heard Ross Singer Sivell Tabb Truelove Underwood Wilson Wright of Floyd Young
On the passage of the Bill, the ayes were 153, nays 41.
The Bill, having received the requisite constitutional majority, was passed.
HB 946. By Messrs. Moate of Hancock, Hawkins of Screven, Jessup of Bleckley and Sheffield of Brooks:
A Bill to be entitled an Act to create the Stone Mountain Memorial Association as a body corporate and politic and an instrumentality and public corporation of 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 141, nays 14.
The Bill, having received the requisite constitutional majority, was passed.
Mr. McWhorter of DeKalb requested that the Journal show him as having voted "aye" on HB 946.
Under the order of business established by the Committee on Rules, the following Bills of the House were again taken up for consideration:
HB 892. By Messrs. W. Campbell and A. Campbell of Walker, Hall of Floyd, and others:
A Bill to be entitled an Act to authorize the State Board of Education
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JOURNAL OF THE HOUSE,
to provide educational training services for severely mentally retarded children; and for other purposes.
The following amendment was read and adopted:
Mr. Murr of Sumter moves to amend HB 892 by adding to Section 1 a new sub-paragraph (4) to read as follows:
(4) The State Board of Education is hereby authorized, in addition to other authority herein granted, to establish, operate and maintain such facilities it deems necessary to provide educational and training services for mentally retarded children.
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 roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Alien
Bagby Ballard Barber Barrett Baughman Birdsong Blalock of Coweta Blalock of Clayton Bodenhamer Boggs Bolton Brackin Bradley Brooks of Oglethorpe Brooks of Fulton Broome Budd Burkhalter Busbee Caldwell A. Campbell of
Walker W. Campbell of
Walker Carlisle
Carr Carswell Carter Chastain
Cheek Cloud Coalson Co wart Denmark Duncan Echols Elder Ellis Fellows Floyd Fordham Fowler of Douglas Freeman Fuqua Gowen Green of Rabun Greene of Bartow Griffith Gross of Dade Helms Holcombe Hall of Floyd Harper Harrison Henderson Hodges of Ware Hogan Holloway Huddleston
Hurst Ingle Irvin Johnson Jones of Laurens Jones of Sumter Kelley Kennedy Kidd Killian Kimmons King Lam Lancaster Larkins Long Lott Love Mackay Mann Martin Matthews Mobley Moorman Morris Moss Murphy Murr Musgrove McClelland
TUESDAY, FEBRUARY 11, 1958
655
McGibony McKenna Neese Orr Overby Parker of Pike Payton Perkins Peters Pettey Phillips of Columbia Phillips of Walton Piekett Ramsey
Raulerson Reed Roberts Rutland Scoggin Sivell Smith of Forsyth Smith of Lamar Smith of Whitfield Souter Stephens Story Summers Tabb
Tamplin Tarpley Taylor Todd Veal Walker of Lowndes Weems White Willingham Wilson Wilson Winkle Wooten
On the passage of the Bill, as amended, the ayes were 128, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
HB 439. By Mr. McClelland of Fulton:
A Bill to be entitled an Act to amend the Code, relating to vehicles which are exempt from the Motor Common Carriers Act; and for other purposes.
The following substitute was read:
By Messrs. McClelland of Fulton and Hall of Floyd.
AN ACT
To amend Code Section 68-602, relating to vehicles which are ex empt from the Motor Common Carriers Act, so as to remove certain vehicles from such exemption; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Code Section 68-602, relating to vehicles which are exempt from the Motor Common Carriers Act, is hereby amended by striking in its entirety paragraph (b) thereof, which reads as follows:
"(b) Taxicabs, drays, trucks, busses, and other motor vehicles, which generally operate exclusively within the corporate limits of cities and towns and are subject to regulation by the governing authorities of such cities or towns or by the Commission; and this exception shall apply even though such vehicles may in the prose cution of their regular business occasionally go beyond the corpo rate limits of such towns or cities, provided they do not operate to or from fixed termini outside of said limits."
and inserting in lieu thereof a new paragraph (b), which shall read as follows:
"(b) Taxicabs, drays, trucks, busses, and other motor vehicles
656
JOURNAL OF THE HOUSE,
which operate within the corporate limits or police limits of cities and towns and are subject to regulation by the governing authori ties of such cities or towns or by the Commission; and this excep tion shall apply to taxicabs and busses even though such vehicles may in the prosecution of their regular business occasionally go beyond the corporate limits of such towns or cities, provided they do not operate to or from fixed termini outside of said limits."
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. McKenna of Bibb moves to amend HB 439 (sub) by adding a new subparagraph to be known as paragraph c to read as follows:
"c. Nothing herein contained shall require the registration of any dray or truck which goes beyond such corporate limits only for the purpose of hauling chattels which have been seized under any court process."
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, by substitue, was agreed to, as amended.
On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Ballard Birdsong Blalock of Clayton Bodenhamer Boggs Bradley Brennan Brooks of Oglethorpe Brooks of Fulton Budd Burkhalter Busbee Cagle Caldwell A. Campbell of
Walker Carlisle Carr Carswell
Cheek Cloud Coalson Cocke Cowart Craven Crummey Denmark Duncan Echols Elder Fellows Fowler of Douglas Fowler of Treutlen Freeman Fuqua Gowen Green of Rabun Greene of Bartow
Griffith Gross of Dade Gunter Hall of Ployd Hall of Lee Harper Helms Hogan Holcombe Holley Holloway Huddleston Hurst Ingle Johnson Jones of Lumpkin Jones of Laurens Kelley Kennedy
TUESDAY, FEBRUARY 11, 1958
657
Key Kidd Killian Kimmons Lam
Lancaster Lee Mackay Mann Martin Matthews Miles Mobley Moorman Morris Moss Murphy Musgrove
McClelland McKenna
McWhorter Neese Newton Nichols Orr
Payton Perkins Perry Peters Pettey Phillips of Columbia Pickett Ramsey Raulerson Reed Roberts Rowland Rutland
Scoggin Smith of Forsyth
Smith of Lamar Smith of Fulton Smith of Whitfield Souter Stephens
Story Summers Tabb Tamplin Tarpley Taylor Veal Walker of Lowndes Walker of Telfair Weems Willingham Winkle Wooten
Young
Voting in the negative was Mr. Ellis.
On the passage of the Bill, by substitute, as amended, the ayes were 116, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.
Under the order of business established by the Committee on Rules the following Bills and Resolution of the House were taken up for consideration and read the third time:
HB 677. By Mr. McClelland of Fulton:
A Bill to be entitled an Act to amend the Code, pertaining to capital gains and losses; 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 Ballard Barber Baughman
Birdsong Blalock of Coweta Blalock of Clayton Bodenhamer
Boggs Bradley Brennan Brooks of Oglethorpe
658
JOURNAL OF THE HOUSE,
Brooks of Fulton Broome Budd Burkhalter Busbee Cagle A. Campbell of
Walker W. Campbell of
Walker Cheek Cloud Cocke Cowart Craven Duncan Echols Elder Eyler Fellows Flynt Fordham Fowler of Treutlen Frazier Freeman Fuqua Gowen Green of Rabun Greene of Bartow Griffith Grimsley Gross of Stephens Gross of Bade Gunter Hall of Floyd Hall of Lee Hardaway Harper Hawkins
Henderson Hill
Hodges of Ware Hodges of Butts Hogan Holcombe Holley Holloway Huddleston Hurst Johnson Jones of Wor^h Jones of Baker Jones of Crawford Kelley Key Kidd Killian Kimmons King Lam Lee Lott Love Mackay Mann Martin Miles Morris Moss Murphy Murr Musgrove McGibony McWhorter Neese Newton Odom Palmer
Parker of Ware Parker of Appling Perry Peters Pettey Phillips of Walton Pickard Pickett Ramsey Raulerson Reed Roberts Rowland Russell Rutland Scoggin Sivell Smith of Forsyth Smith of Lamar Smith of Whitfield Souter Stephens Story Summers Tabb Tamplin Tarpley Veal Walker of Lowndes Watson Wells White Willis Wilson Winkle Wooten Yandle
On the passage of the Bill, the ayes were 127, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HR 323. By Messrs. Scoggin and Hall of Floyd, Palmer of Mitchell, Overby of Hall, Echols of Upson, and Russell of Barrow:
A Resolution creating the Insurance Laws Revision Committee; and for other purposes.
The following amendment was read and adopted:
Mr. Orr of Wilkes moves to amend HR 323 by striking from said Resolution wherever the same appears, the words "upon the recom mendation and approval of Insurance Commission".
TUESDAY, FEBRUARY 11, 1958
659
Mr. Reed of Cobb moved that HR 323 be tabled.
The motion was lost.
The report of the committee which was favorable to the adoption of the Resolution, was agreed to, as amended.
On the adoption of the Resolution, as amended, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Alien
Bagby Ballard Barber Barrett Baughman Birdsong Black Blalock of Coweta Blalock of Clayton Bodenhamer Boggs Bolton Brackin Bradley Brennan Brooks of Oglethorpe Brooks of Fulton Broome Budd Burkhalter Busbee Cagle Caldwell A. Campbell of
Walker W. Campbell of
Walker Carlisle Carr Carswell Carter Chastain Cheatham Cheek Cloud Coalson Cocke Cowart Craven Crummey Denmark
Dorminy Duncan Echols Elder Ellis Eyler Fellows Floyd Flynt Fordham Fowler of Douglas Fowler of Treutlen Frazier Freeman Fuqua Gowen Green of Rabun Greene of Bartow Griffith Grimsley Gross of Stephens Gross of Dade Gunter Hall of Floyd Hall of Lee Hardaway Harper Harrison Hawkins Helms Henderson Hendrix Hill Hodges of Ware Hodges of Butts Hogan Holcombe Holley Holloway Huddleston
Hurst Ingle Irvin
Jessup Johnson Jones of Wayne Jones of Worth Jones of Lumpkin Jones of Baker Jones of Laurens Jones of Sumter Jones of Crawford Kelley Kennedy Key Kidd Killian Kimmons King Lam Lancaster Land Lanier Larkins Lee Lindsey Lokey Long Lott Love Mackay Mann Martin Matthews Miles Miller of Twiggs Miller of Elbert Mobley Moorman Morris Moss Mull Murphy Murr Musgrove McClelland
660
JOURNAL OF THE HOUSE,
McCracken McGibony McKenna McWhorter Neese Newton Nichols Nilan Odom Orr Overby Palmer Parker of Pike Parker of Ware Parker of Appling Payton Pelham Perkins Perry Peters Pettey Phillips of Columbia Phillips of Walton Pickard Pickett Ramsey
Raulerson Ray Reed Roberts Rodgers of Charlton Rogers of Heard Ross Roughton Rowland Russell Rutland Scoggin Sheffield Short Singer Sivell Smith of Forsyth Smith of Emanuel Smith of Lamar Smith of Fulton Smith of Whitfield Smith of Bryan Souter Stephens Story Summers
Tabb Tampley Tarpley Taylor Todd Truelove Twitty Underwood Veal Walker of Lowndes Walker of Telfair Watson Weems Wells White Willingham Willis Wilson Winkle Wooten Wright of Floyd Wright of Dodge Yandle Young
On the adoption of the Resolution, as amended, the ayes were 123, nays 6.
The Resolution, having received the requisite constitutional majority, was adopted, as amended.
Under the order of business established by the Committee on Rules, the following Bill of the House was again taken up for consideration:
HB 137. By Messrs. Helms of Atkinson, Palmer of Mitchell, Miller of Twiggs, Moorman of Lanier, Bodenhamer of Tift, Barber of Jackson and others:
A Bill to be entitled an Act to amend an Act known as the Minimum Foundation Program of Education; and for other purposes.
The following amendment was read and adopted.
Mr. Helms of Atkinson moves to amend HB 137 as follows: By adding thereto "provided, however, that the terms of this Act
shall apply only in those counties where the Superintendent of schools is elected by the voters in the general election as provided by law."
Mr. Crummey of Wilcox moved that HB 137 be tabled, and the motion prevailed.
The Bill was tabled.
Under the order of business established by the Committee on Rules, the
TUESDAY, FEBRUARY 11, 1958
661
following Bills of the House were taken up for consideration and read the third time:
HB 663. By Messrs. Kidd of Griffith of Baldwin:
A Bill to be entitled an Act to amend an Act known as the Teachers Retirement System 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 145, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 835. By Messrs. Orr of Wilkes, Lokey of McDuffie and Todd of Glascock:
A Bill to be entitled an Act to amend an Act creating the office of Judge of the Superior Courts Emeritus; and for other purposes.
The following amendment was read and adopted:
The Committee on Judiciary moves to amend HB 835 by adding to the Caption of said Bill immediately following the words "provided by law" the words "to repeal the provisions for additional compensa tion" and to further amend said Bill by striking from the body of said Bill the following sentence "Such judges shall be compensated, in addi tion to the salary provided for herein, in the amount of $10.00 per day for such services."
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 ayes were 145, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
HB 837. By Messrs. Orr of Wilkes, Ross of Lincoln, Lokey of McDuffie and Todd of Glascock:
A Bill to be entitled an Act to amend the Code, relating to Judges pro hac vice of superior and city courts; and for other purposes.
The previous question was ordered.
662
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 147, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HR 313-772d. By Messrs. Orr of Wilkes, Ross of Lincoln and Cowart of Calhoun:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide that the Chief Justices Emeritus and Justices Emeritus of the Supreme Court, Justices Emeritus of the Court of Appeals and Judges Emeritus of the Superior Courts shall be eligible to preside in or over the Supreme Court, the Court of Appeals and the Superior Courts; 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 VI, Section XIII, Paragraph II of the Constitution, is hereby amended by striking said Paragraph II in its entirety and inserting in lieu thereof a new Paragraph II to read as follows:
"Paragraph II. Chief Justices Eemritus and Justices Emeri tus of the Supreme Court; Judges Emeritus of the Court of Ap peals; and Judges Emeritus of the Superior Courts shall be eligible to preside in or over the Supreme Court of Georgia, the Court of Appeals of Georgia and the Superior Courts of this State. The General Assembly shall prescribe the method or man ner in which they may be called upon for temporary service."
SECTION 2
When the above proposed amendment of 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, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
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 that the Chief Justices Emeritus and Justices Emeritus of the Supreme Court, Justices Emeritus of the Court of Appeals and Judges Emeritus of the Superior Courts shall be eligible to preside in or over the Supreme Court, the Court of Appeals and the Superior Courts."
"Against ratification of amendment to the Constitution so
TUESDAY, FEBRUARY 11, 1958
663
as to provide that the Chief Justices Emeritus and Justices Emeri tus of the Supreme Court, Justices Emeritus of the Court of Appeals and Judges Emeritus of the Superior Courts shall be eligible to preside in or over the Supreme Court, the Court of Appeals and the Superior 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 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 roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Alien Bagby Ballard Barber Baughman Birdsong Black Blalock of Coweta Blalock of Clayton Bodenhamer Boggs Bolton Bradley Brennan Brooks of Oglethorpe Brooks of Fulton Budd Busbee Cagle Caldwell Callier A. Campbell of
Walker W. Campbell of
Walker
Carlisle Carr Carswell Cheatham Cheek Cloud Coalson Cocke Cowart Dorminy Duncan Echols Elder Ellis Eyler Floyd Fordham Fowler of Douglas Fowler of Treutlen Frazier Fuqua Gowen Green of Rabun Greene of Bartow Griffith Gross of Stephens
Gross of Dade Gunter Hall of Floyd Hall of Lee Harper Harrison Hawkins Helms Henderson Hodges of Ware Hodges of Butts Hogan Holcombe Holley Huddleston Hurst Ingle Jessup Johnson Jones of Wayne Jones of Worth Jones of Lumpkin Jones of Baker Jones of Laurens Jones of Crawford Kelley
664
JOURNAL OF THE HOUSE,
Kennedy Kidd Killian King Lam Lancaster Land Larkins Lee Lokey Long Lott Mackay Mann Martin Matthews Miles Miller of Twiggs Miller of Elbert Mobley Moorman Morris Moss Mull
Murphy Murr Musgrove McClelland McCracken McGibony McKenna McWhorter Neese Newton Nichols Nilan Odom Overby Parker of Pike Parker of Ware Payton Peters Pettey Phillips of Columbia Pickard Pickett Ramsey Raulerson
Ray Rodgers of Charlton Rogers of Heard Roughton
Rowland Russell Rutland Scoggin Sheffield Short Smith of Emanuel Smith of Fulton Smith of Bryan
Souter Stephens Tamplin Tarpley Truelove Twitty Veal Weems Willingham Wilson Wooten
Voting in the negative was Mr. Burkhalter.
On the adoption of the Resolution, the ayes were 148, nays 1.
The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.
HB 961. By Messrs. Helms of Atkinson, Twitty of Mitchell, Lott of Berrien, Sheffield of Brooks, Moorman of Lanier, Killian of Glynn and others:
A Bill to be entitled an Act to amend the Code, so as to admit gradu ates of certain law schools to the practice of law without examination; and for other purposes.
Mr. Floyd of Chattooga moved that HB 961 be tabled.
On the motion to table, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams
Black Bradley Brennan Busbee Caldwell Carlisle Carter
Coalson Echols Ellis Floyd Freeman Fuqua Gross of Bade Hodges of Ware
Hogan Holloway Hurst Jones of Crawford Martin Miller of Elbert McClelland McKenna
TUESDAY, FEBRUARY 11, 1958
665
Neese Payton Pickett
Ramsey Raulerson Watson
Willingham Wilson Young
Those voting in the negative were Messrs.:
Alien Barber Barrett Blalock of Coweta Blalock of Clayton Bodenhamer Bolton. Brackin Brooks of Fulton Broome Cagle A. Campbell of
Walker W. Campbell of
Walker Carr CarsweK Chastain Cheatham Cheek Cloud Cowart Craven Crummey Elder Eyler Fellows Flynt Fordham Gowen Greene of Bartow Griffith Grimsley Hall of Floyd
Hall of Lee Harper Helms Henderson Hill Holley Ingle Johnson Jones of Wayne Jones of Worth Jones of Lumpkin Jones of Baker Kelley Kennedy Key Kidd Killian Kimmons Lancaster Land Lee Lokey Lott Love Mackay Mann Matthews Miller of Twiggs Mobley Moorman Morris Moss Murphy Musgrove
McCracken McWhorter Nilan Odom Orr Overby Palmer Parker of Ware Parker of Appling Pettey Phillips of Columbia Phillips of Walton Ray Reed Roberts Rowland Russell Sheffield Smith of Lamar Smith of Fulton Stephens Story Summers Tamplin Tarpley Twitty Veal White Willis Wooten Yandle
On the motion to table, the ayes were 32, nays 96.
The motion to table was lost.
The previous question was ordered.
The following amendment was read:
Mr. Bagby of Paulding moves to amend HB 961 by adding after the comma in Line 9 of the printed copy, the following language "or who shall have received a Bachelor of Laws Degree from any law school that has been operating in said State for more than 5 years."
On the adoption of the amendment, the roll call was ordered and the vote was as follows:
666
JOURNAL OP THE HOUSE,
Those voting in the affirmative were Messrs.:
Adams Bagby Barrett Baughman Bodenhamer Brackin Bradley Brooks of Oglethorpe Brooks of Fulton Cagle Caldwell Carr Carter Chastain Cloud Crummey Denmark Duncan Echols Fellow Floyd Fowler of Douglas Freeman Fuqua Griffith Grimsley Gross of Stephens
Gross of Dade Hall of Lee Harper Helms Hendrix Hill Holley Huddleston Ingle Irvin Johnson Jones of Crawford Kelley Kennedy Kidd Land Lokey Long Mann Morris Murr Musgrove McClelland McWhorter Neese Nichols Parker of Appling
Payton Perkins Pettey Phillips of Columbia Pickard Pickett Raulerson Ray Roberts Rodgers of Charlton Rogers of Heard Rutland Short Sivell Smith of Whitfield Smith of Bryan Souter Summers Tabb Taylor Todd Willingham Willis Winkle Yandle Young
Those voting in the negative were Messrs.:
Alien Ballard Barber Birdsong Blalock of Clayton Bolton Brennan Broome Busbee A. Campbell of
Walker W. Campbell of
Walker Carlisle Carswell Cheatham Cheek Cowart Gowen Greene of Bartow
Gunter Hawkins Henderson
Hodges of Ware Hodges of Butts Hogan Holloway Jones of Wayne Jones of Worth Jones of Baker Jones of Laurens Key Kimmons Larkins Lee Lindsey Love Mackay Matthews Miller of Elbert Mobley Moorman Murphy McCracken McKenna Nilan
Orr
Overby Palmer Parker of Ware Phillips of Walton Ramsey Reed Rowland Russell Sheffield Stephens Story Tamplin Tarpley Twitty Underwood Veal Walker of Lowndes Walker of Telfair Weems White Wilson Wright of Floyd
On the adoption of the amendment, the ayes were 80, nays 67.
TUESDAY, FEBRUARY 11, 1958
667
The amendment was adopted.
Mr. Helms of Atkinson moved that HB 961 be withdrawn from further consideration of the House.
On the motion to withdraw from further consideration, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.
Adams Alien Ballard Barrett Baughman Birdsong Black Blalock of Clayton Bodenhamer Boggs Bolton Brackin Bradley Brennan Brooks of Fulton Budd Busbee Cagle A. Campbell of
Walker W. Campbell of
Walker Carter Chastain Cheatham Cheek Coalson Cowart Craven Crummey Denmark Duncan Elder Ellis Eyler Fordham Fowler of Douglas Fowler of Treutlen Frazier Freeman Fuqua Gowen Green of Rabun Greene of Bartow
Gross of Stephens Gunter Hall of Floyd Hall of Lee Hardaway Harper Harrison Hawkins Helms Hendrix Hill Hodges of Ware Hodges of Butts Hogan Holloway Huddleston Irvin Johnson Jones of Wayne Jones of Worth Jones of Lumpkin Jones of Baker Jones of Laurens Jones of Crawford Kelley Kennedy Key Kidd Killian Kimmons King Lancaster Land Larkins Lee Lindsey Lott Love Mackay Mann Martin Matthews Miles Miller of Elbert
Moss Musgrove McClelland McCracken McKenna Nilan Overby Palmer Parker of Pike Parker of Ware Parker of Appling Payton Perkins Pickard Pickett Ramsey Raulerson Ray Reed Rowland Russell Rutland Scoggin Sheffield Singer Smith of Emanuel Smith of Lamar Souter Stephens Story Tabb Tamplin Tarpley Twitty Underwood Veal
Walker of Lowndes White Willis Winkle Wooten Wright of Floyd
668
JOURNAL OF THE HOUSE,
Those voting in the negative were Messrs.:
Bagby Barber Broome Caldwell Carlisle Carr Carswell Cloud Echols Fellows Floyd Flynt
Griffith Grimsley Gross of Dade
Henderson Holley Ingle Lokey Long Mobley Moorman Morris Murphy Murr McWhorter Neese
Nichols Orr Pettey
Phillips of Columbia Phillips of Walton Roberts Rodgers of Charlton Rogers of Heard Sivell Smith of Whitfield Summers Taylor Truelove Weems Willingham
Wilson Yandle Young
On the motion to withdraw from further consideration, the ayes were 129, nays 45.
The motion prevailed, and the bill was withdrawn from further consideration.
The following Resolution of the House was read and referred to the Com mittee on State of Republic:
HR 436. By Messrs. Souter of Macon and Chastain of Thomas:
A RESOLUTION
To authorize the State Institutions and Property Committee of the House to inspect the Western and Atlantic Railroad property; and for other purposes.
WHEREAS, it is desirable that the State Institutions and Prop erty Committee of the House inspect the property of the State of Georgia on February 14 through February 15.
THEREFORE, BE IT RESOLVED BY THE HOUSE OF REP RESENTATIVES that the State Institutions and Property Committee be authorized to inspect the Western and Atlantic Railroad Property owned by the State of Georgia. Each member of the Committee who shall take part in the inspection shall be compensated in the amount of $50.00.
The following Resolution of the House was read and referred to the com mittee on Rules:
HR 437. By Messrs. Broome of Bacon, Twitty of Mitchell, Budd of Lowndes, Parker of Ware, and Hawkins of Screven:
A RESOLUTION
Creating a committee to make a study of taxes, fees and related matters applicable to motor vehicles; and for other purposes.
WHEREAS, the owners of motor vehicles are subject to an
TUESDAY, FEBRUARY 11, 1958
669
increasing number and amount of taxes, fees, charges and other assessments; and
WHEREAS, the Georgia motorist pays an average of $180.00 per year as follows:
Gasoline Taxes, State and Federal __...._._--........__.____..._...... $ 81.02
Motor Vehicle License Fees ____________________________________________________ _ 12.12
State Sales Tax _____________________________________________...___.___ 23.33
Property Tax on Vehicles ___.__..-__.........._..__.._._....._._.__..._._......_.._.__. 34.03
Federal Automotive Taxes .......___.__...........__..............._...
29.50
Total , and
.....
.. ...$180.00
WHEREAS, there is a divided authority in the collection of taxes and fees, in that the State collects for license tags, the counties and cities for property assessments, and many taxes and fees are over lapping; and
WHEREAS, various suggestions have been made and many dif ferent proposals have been introduced in the General Assembly in previous years relative to license tag fees, ad valorem taxes on motor vehicles, and similar and related matter; and
WHEREAS, the time has now come for a just, equitable and uni form procedure to be formulated relative to motor vehicle taxes, fees, charges and other assessments.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is hereby created a committee to be composed of eight members. The President of the Senate shall appoint three members of the Senate to said committee, and the Speaker of the House shall appoint five members of the House to said committee. The committee shall meet within sixty days after the adjournment of the General Assembly, for the purpose of organizing and electing a chairman and such other officers as it deems advisable. The committee shall formulate its own procedure and is hereby author ized to employ clerical help and obtain such material and supplies as it deems necessary to accomplish its study. The committee is hereby authorized to call upon the members of the Bill Drafting Unit in the Attorney General's office to assist it in the performance of its duties. The committee is hereby authorized to subpoena witnesses and records and material, and is authorized to take testimony under oath. The members of the committee shall receive the compensation per diem, allowances and expenses authorized for members of interim committees, but shall receive the same for not more than 15 days.
The committee shall conduct a study into all phases and all matters relative to taxes, fees, charges and other assessments with reference to motor vehicles, and shall seek to find solutions to the problems out lined heretofore. The committee shall call upon State and local officials and any other persons who have knowledge of such matters. It shall make a report of its findings to the 1959 Session of the General Assembly on or before January 15, 1959, and the committee shall stand abolished as of that date. Such report shall contain the findings of the committee and shall be accomplished by such legislation as the com-
670
JOURNAL OF THE HOUSE,
mittee deems advisable. The report may be distributed to such persons as the committee desires.
The following Resolution of the House was read and adopted:
HR 438. By Messrs. Smith of Emanuel, Hall of Floyd, Bagby of Paulding, Cocke of Terrell, Tamplin of Morgan and Nilan of Muscogee:
A RESOLUTION
Commending the Jekyll Island State Park Authority and its members, Honorable Ben W. Fortson, Jr., Secretary of State and Chairman of the Authority, Honorable Eugene Cook, Attorney General, Honorable B. E. Thrasher, Jr., State Auditor, Honorable Matt L. McWhorter, Chairman, Georgia Public Service Commission, and Hon orable John W. Brinson, Jr., Director of the Department of State Parks, for their impressive work and progress in the management, development and control of Jekyll Island State Park.
WHEREAS, at its 1957 Session, the Georgia General Assembly by law did reconstitute the membership of the Jekyll Island State Park Authority by designating as members thereof Honorable Ben W. Fortson, Jr., Secretary of State and Chairman of the Authority, Honorable Eugene Cook, Attorney General, Honorable B. E. Thrasher, Jr., State Auditor, Honorable Matt L. McWhorter, Chairman, Georgia Public Service Commission and Honorable John W. Brinson, Jr., Di rector of the Department of State Parks, said designation being with out the acquiesence of said officials, and without additional compensa tion for their services; and
WHEREAS, these officials were already required to devote full time to the arduous duties of their respective constitutional and statutory offices, thereby measurably augmenting an already burden some task in discharging the public trust so munificiently reposed in them; and
WHEREAS, notwithstanding the burden of these superimposed duties of state, said officials did without delay or procrastination, zealously but methodically proceed with expedition to place in order the myriad and entangled affairs of the Authority within the short time that has elapsed following assumption of their responsibilities; and
WHEREAS, numerous members of this General Assembly are personally cognizant of the great strides and progress in development of said Island as a showplace of the National and a family vacation playground and residential area for all Georgians; and
WHEREAS, such tangible results of the administrative expertise as exercised by the Authority evinces beyond peradventure the sincere desire and purpose of each member thereof to vindicate the judgment and demonstrate the wisdom of this General Assembly in selecting said officers to execute its solemn mandate; and
WHEREAS, by way of specificity, said officials have wrought a galaxy of improvements, among which are the following:
(a) The affairs of the Authority have been rearranged on an efficient, business-like basis.
TUESDAY, FEBRUARY 11, 1958
671
(b) There will be completed for use this summer one of the most excellent concrete beach walkways in the United States, eighteen (18') feet wide, two (2) miles long and punctuated longitudinally with concrete benches and palm trees.
(c) There will likewise be completed an airconditioned audi torium with a seating capacity of eight hundred-fifty (850) peo ple, for convention and other uses.
(d) There will be completed for use this summer two (2) modern, masonry-constructed public beach houses situated on the north and south sections of the beach walkway with parking area overlooking same, constituting the finest beach facilities on the Georgia Coast.
(e) Two (2) new modern motels containing two-hundred fif teen (215) units and financed by private capital to the extent of approximately eight hundred thousand ($800,000) dollars with family accommodations at reasonable rates are now under con struction.
(f) Six new eight (8") inch, seven hundred (700') feet deep wells flowing at their own pressure of twenty (20) pounds per square inch have been constructed, which will afford an adequate supply of pure water at all times.
(g) More than five-hundred (500) concrete picnic tables have been placed in cleared and beautified areas with water and other facilities for use of the public.
(h) As a result of Authority development, new residential homes are being constructed at an ever-increasing rate under the Authority's new policy of granting leases only where the lessee is prepared to build without appreciable delay.
(i) A modern shopping center, embracing a drug store, cafe teria, grocery store and other customary business establishments is under construction to be leased and operated under the private enterprise system; and
WHEREAS, it is therefore altogether fitting and appropriate that these unheralded achievements should not go unnoticed.
NOW THEREFORE BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the Jekyll Island State Park Authority composed of Honorable Ben W. Fortson, Jr., Secretary of State and Chairman of the Authority, Honorable Eugene Cook, Attorney General, Honorable B^. E. Thrasher, Jr., State Auditor, Honorable Matt L. McWhorter, Chairman, Georgia Public Service Commission, and Honor able John W. Brinson, Jr., Director of the Department of State Parks and their staff, be and they are hereby ardently commanded for the impressive work and progress they have made and are making in the management, development and control of Jekyll Island State Park.
The following Resolutions of the House were read and referred to the committee on Defense and Veterans Affairs:
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JOURNAL OF THE HOUSE,
HR 439. By Messrs. Floyd of Chattooga, Ingle of Gordon, Smith of Whitfield, Fellows of Coffee, and McKenna of Bibb:
A RESOLUTION
WHEREAS, We the Representatives of Georgia's 159 counties duly convened in session for the purpose of enacting laws and making recommendations beneficial to the people of our State and,
WHEREAS, The House Committee on Veterans Affairs of the State of Georgia having fully looked into the Veterans Administration Hospital facilities available for Georgia veterans and having reported their findings to the full House in session,--and,
WHEREAS, it is the unanimous opinion of this House of Repre sentatives of the State of Georgia that existing Veterans Administra tion Hospital facilities are entirely inadequate, and,
WHEREAS, there is in existence at Dublin, Georgia, a compara tively new and fine Veterans Administration Hospital, the full capacity of which is approximately 1,000 beds of which only one-half are being made available at this time, and
WHEREAS, existing Veterans Administration Hospital facilities at Augusta and Atlanta are inadequate both having waiting lists for admittance,
THEREFORE BE IT RESOLVED, that although we recognize the fiscal burdens of our government, we also recognize the inadequacy of hospital services to our veterans, and,
BE IT FURTHER RESOLVED, that we of this House of Repre sentatives respectfully recommend and urge that the Congressional and Senatorial Delegations of the State of Georgia at Washington exert their every effort and influence to have the Veterans Administra tion Hospital at Dublin adequately financed and staffed that it may be opened to its full capacity, thus relieving the inadequacy of beds in Georgia for our veterans.
HR 440. By Messrs. Floyd of Chattooga, Ingle of Gordon, Smith of Whitfield, Fellows of Coffee, and McKenna of Bibb:
A RESOLUTION
WHEREAS, We the Representative of Georgia's 159 counties duly convened in session for the purpose of enacting laws and making recom mendations beneficial to the people of our State and,
WHEREAS, the House Committee on Veterans Affairs of the State of Georgia having fully looked into the Veterans Administration Hos pital facilities available for Georgia veterans and having reported their findings to the full House in session,--and,
WHEREAS, it is the unanimous opinion of this House of Repre sentatives of the State of Georgia that existing Veterans Administra tion Hospital facilities are entirely inadequate, and,
WHEREAS, one of the more notable findings of our Committee on Veterans Affairs refers to Veterans Administration Hospital Num ber 48 in Atlanta. This hospital was acquired by the VA some 28
TUESDAY, FEBRUARY 11, 1953
673
years ago to serve the needs of Spanish-American War Veterans and veterans of World War I, and,
WHEREAS, since that time World War II and the Korean-Conflict has increased the veterans population of our State to approximately 450,000, a large portion of which reside in the Atlanta and North Georgia area, and,
WHEREAS, it is the unanimous opinion of this body that the 300 beds available at the Atlanta Veterans Administration Hospital is entirely inadequate.
THEREFORE BE IT RESOLVED, that we recommend and urge our Congressional and Senatorial Delegations at Washington to exert their influence and every effort toward having a new hospital of suf ficient bed capacity constructed in the Atlanta-North Georgia area.
The following Resolution of the House was read and adopted:
HR 441. By Messrs. Moate of Hancock and Hawkins of Screven:
A RESOLUTION
WHEREAS, the printing of all bills, status sheets, calendars, etc. for the House of Representatives necessitates the purchase of one additional Xerography machine and one Collating Machine, and
WHEREAS, the Haloid Company has loaned this additional Xerograph machine to the House for this Session in order to expedite the printing and distribution of the composit status and bills, and
WHEREAS, through the generosity of the Highway Department, it is possible that copies of all bills, calendars, status sheets, composite status, etc., have been placed on the members desk each night, and
WHEREAS, a Collating machine would dispense with the necessity of the major part of this help from the Highway Department.
NOW, THEREFORE BE IT RESOLVED by the House that the Clerk of the House be directed to request the Secretary of State, through the Purchasing Department, to purchase one Xerography machine and one Collating Machine.
Mr. Hawkins of Screven moved that the House do now adjourn unt : l 10:00 o'clock, a.m., tomorrow morning, and the motion prevailed.
The Speaker announced the House adjourned until 10:00 o'clock tomorrow morning.
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JOURNAL OF THE HOUSE,
Representative Hall, Atlanta, Georgia. Wednesday, February 12, 1958.
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 Bagby Ballard Barber Barrett Baughman Birdsong Black Blalock of Coweta Blalock of Clayton Bodenhamer Boggs Bolton Brackin Bradley Brennan Brooks of Oglethorpe Brooks of Fulton Broome Burkhalter Busbee Cagle Caldwell Callier A. Campbell of
Walker W. Campbell of
Walker Carlisle Carr Carswell Carter Chastain Cheatham Cheek Cloud Coalson Cocke Cowart Craven Denmark Dorminy Duncan Echols
Elder Ellis Eyler Fellows Floyd Flynt Fordham Fowler of Douglas Fowler of Treutlen Frazier Fuqua Gowen Green of Rabun Greene of Bartow Grimsley Gross of Stephens Gross of Dade Gunter Hall of Floyd Hall of Lee Hardaway Harper Harrison Helms Henderson Hill Hodges of Ware Hodges of Butts Hogan Holcombe Holley Holloway Huddleston Hurst Ingle Irvin Jessup Johnson Jones of Wayne Jones of Worth Jones of Lumpkin Jones of Baker Jones of Laurens Jones of Sumter Kelley
Kennedy
Key Killian Kimmons King Lam Lancaster Land Lanier Larkins Lee Lindsey Lokey Long Lott Mackay Mann Martin Matthews Miles Miller of Twiggs Miller of Elbert Mobley Moorman Morris Moss Mull Murphy Murr Musgrove McClelland McCracken McGibony McKenna McWhorter Neese Newton Nichols Nilan Odom Orr Overby Palmer Parker of Pike Parker of Ware
WEDNESDAY, FEBRUARY 12, 1958
675
Parker of Appling Payton Pelham Perkins Perry Peters Pettey Phillips of Columbia Phillips of Walton Pickett Ramsey Raulerson Ray Reed Roberts Rodgers of Charlton Ross Rowland Russell
Rutland Scoggin Sheffield Short Singer Sivell Smith of Porsyth Smith of Emanuel Smith of Lamar Smith of Whitfield Smith of Bryan Souter Stephens Story Summers Tabb Tarpley Taylor Truelove
Twitty Underwood Veal Walker of Telfair Watson Weems Wells White Willingham Willis Wilson Winkle Wooten Wright of Floyd Wright of Dodge Yandle Young
Mr. Black of Webster, Chairman of the committee on Auditing, Enrolling & Engrossing, 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. 2. First reading and reference of House Bills and Resolutions.
3. Reports of standing committees. 4. Second reading of Bills and Resolutions.
5. Third reading and passage of local Bills and general Bills with local application.
6. First reading and reference of Senate Bills and Resolutions.
The following Resolution of the House was read:
HR 457. By Mr. Blalock of Coweta:
A RESOLUTION
To adjourn the General Assembly of Georgia; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA that the General Assembly do hereby adjourn at 3 o'clock P.M. on February 14, 1958, to reconvene again in regular session at ten o'clock A.M. on September 15, 1958.
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JOURNAL OF THE HOUSE,
Mr. Blalock of Coweta moved that the House adopt HR 457.
On the motion to adopt the Resolution, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Alien Bagby Barrett Blalock of Coweta Busbee Carlisle Cheek
Fordham Gunter Kelley Lancaster Miller of Elbert Palmer Payton
Pickett Ross Russell Truelove Winkle
Those voting in the negative were Messrs.:
Barber Baughman Black Bodenhamer Boggs Bolton Brackin Bradley Brennan Brooks of Oglethorpe Brooks of Fulton Broome Budd Burkhalter A. Campbell of
Walker W. Campbell of
Walker Carr Carswell Chastain Cheatham Cloud Coalson Cocke Cowart Craven Denmark Duncan Eyler Floyd Flynt Fowler of Douglas Gowen Green of Rabun Greene of Bartow
Gross of Stephens Gross of Dade Hall of Lee Harper Harrison Helms Henderson Hendrix Hodges of Ware Hogan Holcombe Holley Ingle Johnson Jones of Wayne Jones of Worth Jones of Lumpkin Jones of Baker Jones of Laurens Jones of Sumter Kennedy Key Kidd Killian Lam Land Larkins Lindsey Mann Matthews Miller of Twiggs Mobley Moorman Moss Murr McGibony
McKenna McWhorter Newton Nilan Orr Overby Parker of Pike Parker of Appling Pelham Perry Phillips of Walton Pickard Raulerson Rowland Scoggin Sheffield Singer Smith of Forsyth Smith of Lamar Smith of Whitfield Smith of Bryan Souter Stephens Story Tabb Taylor Veal Walker of Lowndes Watson Weems White Willis Wilson Yandle Young
On the motion to adopt the Resolution, the ayes were 19, nays 105.
The Resolution was lost.
WEDNESDAY, FEBRUARY 12, 1958
677
Mr. Reed of Cobb requested that the Journal show him as having voted "nay" on HR 457.
By unanimous consent, the following bills and resolutions of the House were read the first time and referred to the committees:
HB 1073. By Mr. Parker of Ware: A Bill to be entitled an Act to incorporate the City of Manor in the County of Ware and provide its charter; and for other purposes.
Referred to the Committee on Local Affairs.
HB 1074. By Mr. Hendrix of Long:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Ludowici, so as to change the corporate limits of said City; and for other purposes.
Referred to the Committee on Local Affairs.
HB 1075. By Mr. Broome of Bacon:
A Bill to be entitled an Act to authorize the City of Alma to close for use as an alley, a certain strip of land in said city; and for other purposes.
Referred to the Committee on Local Affairs.
HB 1076. By Messrs. Puqua, Holley and Miles of Richmond:
A Bill to be entitled an Act to amend the charter of the City of Augusta, so as to extend the corporate limits; and for other purposes.
Referred to the Committee on Local Affairs.
HB 1077. By Messrs. Fuqua, Miles and Holley of Richmond:
A Bill to be entitled an Act to provide that the Board of Commissioners of Roads and Revenues of Richmond County shall before purchasing or selling any goods, materials or supplies to be used by Richmond County, shall purchase or sell said goods only after advertising for bids once a day for three consecutive days in the legal gazette for Richmond County; and for other purposes.
Referred to the Committee on Local Affairs.
HB 1078. By Messrs. Fuqua, Holley and Miles of Richmond:
A Bill to be entitled an Act to amend the charter of the City of Augusta, so as to extend the corporate limits; and for other purposes.
Referred to the Committee on Local Affairs.
HB 1079. By Mr. Summers of Crisp: A Bill to be entitled an Act to amend an Act creating and establishing
678
JOURNAL OP THE HOUSE,
a new charter for the City of Cordele, so as to increase the city limits; and for other purposes.
Referred to the Committee on Local Affairs.
HB 1080. By Mr. Pettey of Pulaski:
A Bill to be entitled an Act to consolidate the offices of Tax Receiver and Tax Collector of Pulaski County into the office of Tax Commis sioner; and for other purposes.
Referred to the Committee on Local Affairs.
HB 1081. By Mr. Jones of Baker:
A Bill to be entitled an Act to amend an Act creating a Board of Commissioners of Roads and Revenues for Baker County; and for other purposes.
Referred to the Committee on Local Affairs.
HB 1082. By Mr. Jones of Baker:
A Bill to be entitled an Act to provide that in certain counties of this State the members of the County Board shall be compensated in the amount of not to exceed $25.00 dollars for each day of actual service out of the school funds appropriated to the County; and for other purposes.
Referred to the Committee on Local Affairs.
HB 1083. By Mr. Jones of Baker:
A Bill to be entitled an Act to provide that the members of the County Board of Education of Baker County shall be compensated in an amount not to exceed twenty-five dollars per day for each day of actual service; and for other purposes.
Referred to the Committee on Local Affairs.
HB 1084. By Mr. Fowler of Douglas:
A Bill to be entitled an Act to amend an Act which provides for the exemption of public property places of religious worship, places of burial, institutions of purely public charity, buildings erected for use as a college etc. from the payment of taxes; and for other purposes.
Referred to the Committee on Rules.
HB 1085. By Mr. Gross of Stephens:
A Bill to be entitled an Act to amend an Act incorporating the City of Toccoa, so as to enlarge, increase, redefine and establish the cor porate limits of the City of Toccoa; and for other purposes.
Referred to the Committee on Local Affairs.
HB 1086. By Messrs. Smith and Winkle of Whitfield:
A Bill to be entitled an Act to amend an Act relating to exemption of
WEDNESDAY, FEBRUARY 12, 1958
679
property from taxation, so as to provide that only one single family residence owned by a religious group shall be exempt from taxation; and for other purposes.
Referred to the Committee on Ways and Means.
HB 1087. By Messrs. Brennan, Cheatham and Eyler of Chatham:
A Bill to be entitled an Act to amend an Act to incorporate a town to be called Vernonburg; and for other purposes.
Referred to the Committee on Local Affairs.
HB 1088. By Mr. Barrett of Cherokee:
A Bill to be entitled an Act to amend an Act creating a new charter for the Town of Ball Ground; and for other purposes.
Referred to the Committee on Local Affairs.
HB 1089. By Mr. Barrett of Cherokee:
A Bill to be entitled an Act to amend an Act creating the office of Tax Commissioner of Cherokee County; and for other purposes.
Referred to the Committee on Local Affairs.
HB 1090. By Mr. Barrett of Cherokee:
A Bill to be entitled an Act to change from the fee to the salary sys tem in the County of Cherokee the Clerk of the Superior Court, the Sheriff and the Ordinary of such County; and for other purposes.
Referred to the Committee on Local Affairs.
HB 1091. By Mr. Barrett of Cherokee:
A Bill to be entitled an Act to amend an Act incorporating the Town of Waleska; and for other purposes.
Referred to the Committee on Local Affairs.
HB 1092. By Mr. Barrett of Cherokee:
A Bill to be entitled an Act to amend an Act creating the Cherokee County so as to increase the membership of said Authority; and for other purposes.
Referred to the Committee on Local Affairs.
HB 1093. By Mr. Barrett of Cherokee:
A Bill to be entitled an Act to amend an Act incorporating the Town of Holly Springs; and for other purposes.
Referred to the Committee on Local Affairs.
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JOURNAL OF THE HOUSE,
HB 1094. By Mr. Barrett of Cherokee:
A Bill to be entitled an Act to amend an Act reincorporating the Town of Woodstock; and for other purposes.
Referred to the Committee on Local Affairs.
HB 1095. By Mr. Barrett of Cherokee:
A Bill to be entitled an Act to amend an Act incorporating the City of Canton, so as to establish a ward system for said City; and for other purposes.
Referred to the Committee on Local Affairs.
HB 1096. By Messrs. Moss and Storey of Gwinnett:
A Bill to be entitled an Act to amend the Act creating a new charter for the City of Lawrenceville, by adding additional territories to be included in the City limits; and for other purposes.
Referred to the Committee on Local Affairs.
HB 1097. By Messrs. Carlisle, Wilson and McKenna of Bibb:
A Bill to be entitled an Act to amend an Act entitled "An Act to establish the City Court of Macon in and for the County of Bibb"; and for other purposes.
Referred to the Committee on Local Affairs.
HB 1098. By Mr. Brooks of Fulton:
A Bill to be entitled an Act to amend an Act, relating to the affidavit required to be filed where bail is required, the contents of same, so as to require any person seeking the requirement of bail in actions for personalty to give a bond and security; and for other purposes.
Referred to the Committee on Judiciary.
HB 1099. By Messrs. Cheatham, Eyler and Brennan of Chatham:
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; and for other purposes.
Referred to the Committee on Local Affairs.
HB 1100. By Messrs. Cheatham, Eyler and Brennan of Chatham:
A Bill to be entitled an Act to amend the charter of the Mayor and Aldermen of the City of Savannah and relating to the Police Court; and for other purposes.
Referred to the Committee on Local Affairs:
HB 1101. By Mr. Broorne of Bacon:
A Bill to be entitled an Act to amend an Act to repeal an Act so that a tax on sales and use of cigars, cigarettes, little cigars, etc. may be
WEDNESDAY, FEBRUARY 12, 1958
681
imposed; to provide for the collection of the same; and for other pur poses.
Referred to the Committee on Ways and Means.
HB 1102. By Messrs. Broome of Bacon, Walker of Lowndes and Budd of Lowndes:
A Bill to be entitled an Act to amend an Act known as the Uniform Narcotic Drug Act; and for other purposes.
Referred to the Committee on Hygiene and Sanitation.
HB 1103. By Messrs. Short and Newton of Colquitt:
A Bill to be entitled an Act to amend an Act relating to the Charter of the City of Moultrie; to extend the corporate limits; and for other purposes.
Referred to the Committee on Local Affairs.
HB 1104. By Messrs. Blalock and Lee of Clayton:
A Bill to be entitled an Act to amend an Act incorporating the Town of Forest Park; and for other purposes.
Referred to the Committee on Local Affairs.
HB 1105. By Messrs. Short of Colquitt, Cloud of Decatur, Phillips of Walton and Perry of Marion:
A Bill to be entitled an Act to amend an Act relating to the definition of optometry by striking the word "learned"; and for other purposes.
Referred to the Committee on Hygiene and Sanitation.
HB 1106. By Messrs. McClelland, Brooks and M. Smith of Fulton:
A Bill to be entitled an Act to amend an Act to provide that in all cases where property is not returned for taxation, a penalty of 10% of the assessed taxable value shall be added to the assessment for that year; and for other purposes.
Referred to the Committee on Ways and Means.
HB 1107. By Messrs. McClelland, Brooks and M. Smith of Fulton:
A Bill to be entitled an Act to amend an Act so as to provide that the fee for settling tax executions that are settled without sale by providing such fee shall be 10% of the face of such executions; and for other purposes.
Referred to the Committee on Ways and Means.
HB 1108. By Messrs. Wright, Scoggin and Hall of Floyd:
A Bill to be entitled an Act to amend an Act prescribing the terms of Superior Court to be held in the Rome Judicial Circuit; and for other purposes.
Referred to the Committee on Local Affairs.
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JOURNAL OF THE HOUSE,
HB 1109. By Mr. Truelove of White:
A Bill to be entitled an Act to create a Board of Commissioners of Roads and Revenues for White County; and for other purposes.
Referred to the Committee on Local Affairs.
HR 442-1109a. By Messrs. Mackay, McWhorter and Rutland of DeKalb:
A Resolution proposing an amendment to the Constitution so as to authorize the General Assembly to empower the Commissioners of Roads and Revenues of DeKalb County, Georgia, to enact ordinances for the policing and governing of said County; and for other purposes.
Referred to the Committee on Local Affairs.
HR 443-1109b. By Messrs. Mackay, McWhorter and Rutland of DeKalb:
A Resolution proposing an amendment to the Constitution so as to authorize the Board of Commissioners of Roads and Revenues of DeKalb County to establish districts for the purpose of building, erect ing, establishing, maintaining and operating storm sewers and street lights within said County; and for other purposes.
Referred to the Committee on Local Affairs.
HR 444-1109c. By Messrs. Mackay, McWhorter and Rutland of DeKalb:
A Resolution proposing an amendment to the Constitution so as to authorize the Board of Commissioners of Roads and Revenues to pro vide systems of garbage disposals; and for other purposes.
Referred to the Committee on Local Affairs.
HR 445-1109d. By Messrs. Moss and Story of Gwinnett:
A Resolution to compensate Mr. Bob Burel; and for other purposes.
Referred to the Committee on Appropriations.
HR 446-1109e. By Messrs. Moate of Hancock, Hawkins of Screven and Jessup of Bleckley:
A Resolution authorizing and directing the State Hospital Authority to issue Eight Million Dollars in revenue bonds; and for other purposes.
Referred to the Committee on Rules.
HR 447-1109f. By Mr. Lanier of Candler:
A Resolution proposing an amendment to the Constitution so as to provide for the payment of $100,000.00 in connection with the eradica tion of the boll weevils in this State; and for other purposes.
Referred to the Committee on Agriculture.
HR 448-1109g. By Messrs. Blalock and Lee of Clayton: A Resolution authorizing and directing the State Highway Department
WEDNESDAY, FEBRUARY 12, 1958
683
to compensate Mrs. C. R. Chesney for damages to her property; and for other purposes.
Referred to the Committee on Appropriations.
HR 449-1109h. By Mr. Lanier of Candler: A Resolution to compensate John Arthur Holloway, Sr.; and for other purposes.
Referred to the Committee on Appropriations.
HR 450-1109i. By Mr. Lanier of Candler: A Resolution to compensate Brooks A. Bird; and for other purposes.
Referred to the Committee on Appropriations.
HR 451-1109J. By Messrs. Gross of Stephens and Hawkins of Screven:
A Resolution proposing ratification of the sale of property consisting of 6.4 acres located in Stephens County, which was found to be un serviceable to the State; and for other purposes.
Referred to the Committee on State Institutions and Property.
HR 452-1109k. By Mr. Murphy of Haralson:
A Resolution to compensate Mrs. Johnny Rose and S. M. Rutledge for damages; and for other purposes.
Referred to the Committee on Appropriations.
HR 453-11091. By Mr. Murphy of Haralson:
A Resolution to compensate Bryant Eaves for damages; and for other purposes.
Referred to the Committee on Appropriations.
HR 454-1109m. By Mr. Murphy of Haralson:
A Resolution to compensate S. M. Rutledge for damages; and for other purposes.
Referred to the Committee on Appropriations.
HR 455-1109n. By Messrs. Bolton and Lindsey of Spalding:
A Resolution proposing an amendment to the Constitution so as to authorize the General Assembly to abolish justice courts and the offices of justice of the peace and notary public ex-officio justices of the peace of Spalding County; and for other purposes.
Referred to the Committee on Local Affairs.
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JOURNAL OF THE HOUSE,
The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the follow ing Bills and Resolution of the House and Senate to wit:
HB 91. By Mr. Twitty of Mitchell:
A Bill to be entitled an Act pertaining to actions of false arrest and false imprisonment; and for other purposes.
HB 186. By Mr. Alien of Bulloch:
A Bill to be entitled an Act to amend an Act relating to the licensing of aliens to practice medicine or pharmacy in this State; and for other purposes.
HB 712. By Mr. Fowler of Douglas:
A Bill to be entitled an Act to amend an Act regulating the practice of dentistry, so as to increase the annual registration fee; and for other purposes.
HB 713. By Mr. Fowler of Douglas:
A Bill to be entitled an Act to amend an Act pertaining to licenses to practice dentistry, so as to change the fee required for an applicant; and for other purposes.
HB 714. By Mr. Fowler of Douglas:
A Bill to be entitled an Act to amend an Act regulating dental hygienists; and for other purposes.
HB 715. By Mr. Fowler of Douglas:
A Bill to be entitled an Act to amend an Act regulating dental hygienists; so as to change the fee required for an applicant; and for other purposes.
HB 734. By Mr. Overby of Hall:
A Bill to be entitled an Act to amend an Act relating to real estate brokers and salesmen; and for other purposes.
HB 762. By Messrs. Brooks and McClelland of Fulton:
A Bill to be entitled an Act to amend the Code so as to provide if the last day for the exercise of any privilege falls on Saturday he shall have through the following Monday to exercise such privilege; and for other purposes.
WEDNESDAY, FEBRUARY 12, 1958
685
The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following Bills and Resolutions of the House and Senate to wit:
HR 54. By Messrs. Russell of Barrow, Moate of Hancock and others:
A Resolution to encourage the study of minerals, geology and water resources in the public schools of the State of Georgia; and for other purposes.
HR 245. By Mr. Rogers of Heard:
A Resolution to name the bridge over the Chattahoochee River for Frank C. Birdsong; and for other purposes.
SB 256. By Senator Pound of the 20th:
A Bill to amend the Act relating to the use of right of ways granted for highways so as to allow the State Highway Department of Geor gia and the governing authority of any county in the State of Georgia the right to grant permits to persons, firms or corporations engaged in the mining of clays to construct, maintain and operate pipe lines under the surface of right of ways, which pipe line shall be used to convey clay from the mines to refining plants; and for other purposes.
SB 259. By Senator Trotter of the 37th:
A Bill to be entitled an Act to amend Section 13-2023 of the Code of Georgia relating to the purchase and ownership of stocks, bonds and other investment securities by banks; so as to add additional Federal agencies to which the limitations as to the purchase and ownership of investment securities by banks shall not apply; and for other pur poses.
SB 266. By Senator Sanders of the 18th:
A Bill to authorize and regulate reciprocal or inter-insurance trans actions; to provide such contracts may be executed by an attorney in fact; to require certain information to be submitted to the Insur ance Commissioner; and for other purposes.
SB 269. By Senators Pelham of the 7th, Stafford of the 47th, Williams of the 49th, Howard of the 17th, Brown of the 52nd and Brannen of the 14th:
A Bill to provide for guidance counselors in each school system of the State; and for other purposes.
The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following Bill of the Senate to wit:
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JOURNAL OP THE HOUSE,
SB 209. By Senators Sammon of the 34th and Paris of the 27th:
A Bill to provide that all human blood used or proposed to be used for blood transfusions shall be labeled according to the race of the donor; 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 418. By Mr. Miller of Elbert:
A Bill to be entitled an Act to amend an Act creating a State Highway Board, to transfer certain counties from central State Highway Dist. to the Northern State Highway Dist; and for other purposes.
HB 667. By Messrs. Moate of Hancock, Freeman of Monroe and others:
A Bill to be entitled an Act to amend an Act known as the "State-Wide Probation Act"; and for other purposes.
HB 709. By Messrs. Moate of Hancock, Hawkins of Screven and others:
A Bill to be entitled an Act to amend an Act creating a Department of Public Safety, so as to provide for longevity compensation; and for other purposes.
The following Bill of the House was taken up for the purpose of consider ing the Senate amendment thereto:
HB 667. By Messrs. Moate of Hancock, Freeman of Monroe and others:
A Bill to be entitled an Act to amend an Act known as the "State-Wide Probation Act"; and for other purposes.
The following Senate amendment was read:
Senator Bentley of the 39th District moves to amend HB 667 as fol lows : In Section 3, the words "The requirements to hold either the office of Asst. Director of Field Supervisor shall be not less than the Direc tor of Probation," shall be struck, and the following sentences sub stituted: "The requirements to hold either the office of Asst. Director or Field Supervisor shall be as follows: Such persons shall be at least 25 years of age, shall have a minimum of a high school education, shall have at least five years experience in law enforcement work, and must have at least one year's experience in the probation, parole, correctional, social welfare or educational fields. He must have a general knowledge of modern probational methods and of the social problems involved. The qualifications provided herein are the minimum qualifications and the Board is hereby authorized to prescribe such additional and higher qualifications from time to time as it deems desirable. Such officers shall also be allowed travel and other expenses the same as other State employees.
WEDNESDAY, FEBRUARY 12, 1958
687
Mr. Hawkins of the Screven moved that the House disagree to the Senate amendment, and the motion prevailed.
The Senate amendment was disagreed to.
Under the provisions of HR 421, the Speaker appointed as a committee of escort, the following members of the House:
Messrs. Hurst of Quitman, Floyd of Chattooga, Morris of Tift and Neese of Clay.
By unanimous consent, the following committee reports were submitted and read:
Mr. Fowler of Douglas County, Chairman of the Committee on Agriculture, submitted the following report:
Mr. Speaker:
Your Committee on Agriculture 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 1060. Do Pass.
Respectfully submitted,
Fowler of Douglas,
Chairman.
Mr. Scoggin of Floyd County, Chairman of the Committee on Appropria tions, submitted the following report:
Mr. Speaker:
Your Committee on Appropriations has had under consideration the fol lowing Resolutions of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HR 356-847c. Do Pass. HR 355-847b. Do Pass.
HR 297-744a. Do Pass.
Respectfully submitted,
Scoggin of Floyd,
Chairman.
Mr. Wooten of Randolph County, Vice Chairman of the Committee on Highways, submitted the following report:
Mr. Speaker:
Your Committee on Highways has had under consideration the following
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JOURNAL OF THE HOUSE,
Bills of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 1036. Do Pass. HB 903. Do Pass as amended.
Respectfully submitted, Wooten of Randolph, Vice Chairman.
Mr. Pickard of Muscogee County, Chairman of the Committee on Industry, submitted the following report:
Mr. Speaker:
Your Committee on Industry 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 382. Do Not Pass.
Respectfully submitted,
Pickard of Muscogee,
Chairman.
Mr. Pickard of Muscogee County, Chairman of the Committee on Industry, submitted the following report:
Mr. Speaker:
Your Committee on Industry 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 222. Do Pass.
Respectfully submitted,
Pickard of Muscogee,
Chairman.
Mr. Russell of Barrow County, Chairman of the Committee on Insurance, submitted the following report:
Mr. Speaker:
Your Committee on Insurance has had under consideration the following Bill of the House and has instructed me as Chairman, to report the same back to the House with the following recommendation:
HB 852. Do Not Pass.
Respectfully submitted,
Russell of Barrow,
Chairman.
WEDNESDAY, FEBRUARY 12, 1958
689
Mr. Twitty of Mitchell County, Chairman of the Committee on Judiciary, submitted the following report:
Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bill of the House and has instructed me as Chairman, to report the same back to the House with the following recommendation:
HB 670. Do Pass.
Respectfully submitted,
Twitty of Mitchell,
Chairman.
Mr. Twitty of Mitchell County, Chairman of the Committee on Judiciary, submitted the following report: Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bills and Resolutions 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 1072. Do Pass.
HR 435-1071b. Do Pass. SB 208. Do Pass.
HB 1030. Do Pass. HR 341-806c. Do Pass by substitute.
Respectfully submitted,
Twitty of Mitchell, Chairman.
Mr. Short of Colquitt County, Chairman of the Committee on Local Affairs, submitted the following report:
Mr. Speaker:
Your Committee on Local Affairs has had under consideration the follow ing Bills and Resolutions of the House and Senate and has instructed me as Chairman, to report the same back to the House with the following recom mendations :
HB 915. Do Pass.
HB 916. Do Pass.
HB 917. Do Pass.
HB 920. Do Pass.
HB 972. Do Pass.
HB 974. Do Pass.
690
JOURNAL OF THE HOUSE,
HB 977. Do Pass.
HB 979. Do Pass.
HB 981. Do Pass.
HB 982. Do Pass.
HB 985. Do Pass.
HB 989. Do Pass.
HB 993. Do Pass.
HB 994. Do Pass.
HB 995. Do Pass.
HB 996. Do Pass.
HB 1001. Do Pass.
HB 1002. Do Pass.
HB 1003. Do Pass.
HB 978. Do Pass.
HR 398-968a. Do Pass.
HR 406-1005c. Do Pass.
SB 137. Do Pass as amended.
SB 244. Do Pass.
SB 245. Do Pass.
SB 246. Do Pass.
SB 251. Do Pass.
SR 88. Do Pass.
SR 104. 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 following Bill of the House and has instructed me as Chairman, to report the same back to the House with the following recommendation:
HB 687. Do Pass by substitute as amended. Respectfully submitted, Jones of Lumpkin, Chairman.
WEDNESDAY, FEBRUARY 12, 1958
691
Mr. Hawkins of Screven County, Vice Chairman of the Committee on Rules, submitted the following report: Mr. Speaker:
Your Committee on Rules has had under consideration the following Bills and Resolutions of the House and has instructed me as Vice Chairman, to report the same back to the House with the following recommendations:
HB 1058. Do Pass. HR 432-1070g. Do Pass. HB 1071. Do Pass. HR 290. Do Pass. HR 423. Do Pass as amended.
Respectfully submitted, Hawkins of Screven, Vice Chairman.
Mr. Cocke of Terrell County, Chairman of the Committee on Natural
Resources, submitted the following report:
.<
Mr. Speaker:
Your Committee on Natural Resources 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 902.
Do Pass by substitute. Respectfully submitted, Cocke of Terrell, Chairman.
Mr. Stephens of Clarke 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 239. Do Pass.
SB 240. Do Pass.
HB 990. Do Pass.
HB 1004. Do Pass.
HB 1011. Do Pass.
Respectfully submitted, Stephens of Clarke, Chairman.
692
JOURNAL OF THE HOUSE,
Mr. Souter of Macon County, Chairman of the Committee on State Institu tions and Property, submitted the following report:
Mr. Speaker:
Your Committee on State Institutions and Property 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 400-968c. Do Pass.
HR 409-1005f. Do Pass.
Respectfully submitted,
Souter of Macon,
Chairman.
Mr. Overby of Hall County, Chairman of the Committee on State of Re public, submitted the following report:
Mr. Speaker:
Your Committee on State of Republic, has had under consideration the following Bills of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 1045. Do Pass.
HB 702. Do Pass.
HB 280. Do Pass.
Respectfully submitted,
Overby of Hall,
Chairman.
Mr. Overby of Hall County, Chairman of the Committee on State of Re public, submitted the following report:
Mr. Speaker:
Your Committee on State of Republic has had under consideration the following Resolution of the House and has instructed me as Chairman, to report the same back to the House with the following recommendation:
HR 436. Do Pass.
Respectfully submitted,
Overby of Hall,
Chairman.
Mr. Duncan of Carroll County, Chairman of the Committee on University of Georgia, submitted the following report:
Mr. Speaker:
Your Committee on University of Georgia has had under consideration the
WEDNESDAY, FEBRUARY 12, 1958
693
following Resolutions of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HR 428-1070c. Do Pass. HR 349-838a. Do Pass.
Respectfully submitted, Duncan of Carroll, Chairman.
Mr. Veal of Putnam County, Chairman of the Committee on Welfare, sub mitted the following report:
Mr. Speaker:
Your Committee on Welfare 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 232. Do Pass.
SB 238. Do Pass.
Respectfully submitted,
Veal of Putnam,
Chairman.
Mr. Black 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 House with the following recommendations:
HB 378. Do Pass as amended.
HB 951. Do Pass.
Respectfully submitted,
Blalock of Clayton,
Chairman.
By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time:
HB 1029. By Messrs. Chastain and Willis of Thomas:
A Bill to be entitled an Act to amend an Act creating Small Claims Courts in certain counties; and for other purposes.
HB 1031. By Mr. Watson of Houston: A Bill to be entitled an Act to create and incorporate a new municipality
694
JOURNAL OF THE HOUSE,
in Houston County, Georgia to be known as Elberta; and for other purposes.
HB 1032. By Messrs. Walker and Budd of Lowndes:
A Bill to be entitled an Act to amend the charter of the City of Valdosta; so as to authorize the creation in the City Government of said city the office of City Manager; and for other purposes.
HB 1033. By Mr. McCracken of Jefferson:
A Bill to be entitled an Act to amend an Act incorporating the Town of Stapleton; and for other purposes.
HB 1034. By Mr. Phillips of Walton:
A Bill to be entitled an Act to provide for the marking of county maintained paved or hard-surfaced roads; and for other purposes.
HB 1035. By Mr. Bagby of Paulding:
A Bill to be entitled an Act to supplement the compensation of the Coroner of Paulding County; and for other purposes.
HB 1037. By Mr. Singer of Stewart:
A Bill to be entitled an Act to amend an Act abolishing the office of County Treasurer of Stewart County; and for other purposes.
HB 1038. By Mr. Burkhalter of Tattnall:
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 1039. By Messrs. Greene and Bradley of Bartow:
A Bill to be entitled an Act to consolidate the offices of Tax Receivei and Tax Collector of Bartow County into the office of Tax Commis sioner of Bartow County; and for other purposes.
HB 1040. By Messrs. Greene and Bradley of Bartow:
A Bill to be entitled an Act to change from the fee to the salary system in Bartow County, the Sheriff, the Clerk of the Superior Court and the Ordinary of such county; and for other purposes.
HB 1041. By Mr. Gross of Dade:
A Bill to be entitled an Act to amend an Act abolishing the offices of Tax Collector and Tax Receiver of Dade County and creating the office of Tax Commissioner; and for other purposes.
HB 1042. By Messrs. Lee and Blalock of Clayton:
A Bill to be entitled an Act to repeal an Act entitled "An Act to amend an Act to incorporate the City of Jonesboro; to extend and redefine he corporate limits"; and for other purposes.
WEDNESDAY, FEBRUARY 12, 1958
695
HB 1043. By Messrs. Broome of Bacon, Brooks of Fulton and Barber of Jackson:
A Bill to be entitled an Act to create the positions of President Emeritus of the Institutions of the University System of Georgia; and for other purposes.
HB 1044. By Mr. Ray of Warren:
A Bill to be entitled an Act to amend an Act incorporating the Town of Warrenton; and for other purposes.
HR 414-1044a. By Mr. Ray of Warren:
A Resolution providing for the furnishing of the reports of the Supreme Court and the Courts of Appeal to Warren County; and for other purposes.
HR 415-1044b. By Messrs. Duncan and Craven of Carroll:
A Resolution proposing an amendment to the Constitution so as to authorize the governing authority of Carroll County to tax for and support a rescue squad; and for other purposes.
HR 416-1044c. By Messrs. Overby and Gunter of Hall:
A Resolution proposing an amendment to the Constitution so as to provide for the election of members of the Board of Education of Hall County; and for other purposes.
HR 417-1044d. By Messrs. Roberts and Fellows of Coffee:
A Resolution to compensate Dr. Horace G. Joiner; and for other pur poses.
HR 418-1044e. By Mr. Cocke of Terrell:
A Resolution proposing an amendment to the Constitution so as to create the Terrell County Development Authority; and for other purposes.
HR 419-1044f. By Mr. Caldwell of Upson:
A Resolution to compensate Mrs. Blanche Phillips; and for other purposes.
HR 420-1044g. By Mr. Ballard of Newton:
A Resolution authorizing the Governor and the Secretary of State to convey a certain stained glass window to Newton County; and for other purposes.
HB 1046. By Messrs. Hall, Scoggin and Wright of Floyd:
A Bill to be entitled an Act to amend an Act entitled "An Act to abolish the present mode of compensation accruing to the officers 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.
696
JOURNAL OF THE HOUSE,
HB 1047. By Messrs. Hall, Scoggin and Wright of Floyd:
A Bill to be entitled an Act to amend an Act entitled "An Act to abolish the offices of tax receiver and tax collector, and to create in lieu of the same the office of County Tax Commissioner of Floyd County; and for other purposes.
HB 1048. By Mr. Hill of Wheeler:
A Bill to be entitled an Act to consolidate and supersede certain Acts pertaining to the City of Glenwood, and to create a new Charter for the City of Glenwood; and for other purposes.
HB 1049. By Mr. Gross of Stephens:
A Bill to be entitled an Act to amend an Act creating and establishing the City Court of Stephens County; and for other purposes.
HB 1050. By Mr. Gross of Stephens:
A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Roads and Revenues in the County of Stephens; and for other purposes.
HB 1051. By Messrs. Gunter and Overby of Hall:
A Bill to be entitled an Act to amend an Act to limit and regulate the assessment and collection of taxes by municipal authorities; and for other purposes.
HB 1052. By Messrs. Gunter and Overby of Hall:
A Bill to be entitled an Act to amend an Act incorporating the Town of Clermont; and for other purposes.
HB 1053. By Messrs. Gowen and Killian of Glynn:
A Bill to be entitled an Act to amend an Act, known as the "Brunswick Port Authority Act" so as to authorize the acquisition and financing of additional facilities, add to the powers imposed in said Authority, authorize the execution of leases and purchase agreements; and for other purposes.
HB 1054. By Messrs. McClelland, Brooks and M. Smi-.li of Fulton:
A Bill to be entitled an Act to amend an Act establishing a Municipal Court of the City of Atlanta, relating to time, place and manner of holding public sales of property under execution; and for other purposes.
HB 1055. By Messrs. Moate of Hancock, Hawkins of Screven and Jessup of Bleckley:
A Bill to be entitled an Act to provide for the election of the President and Vice-President of the United States; to provide for the nomination and certification of party candidates; and for other purposes.
WEDNESDAY, FEBRUARY 12, 1958
697
HB 1056. By Messrs. Moate of Hancock, Hawkins of Screven and Jessup of Bleckley:
A Bill to be entitled an Act to prescribe the qualifications for voters; and for other purposes.
HB 1057. By Mr. Hawkins of Screven:
A Bill to be entitled an Act to amend an Act known as the General Appropriations Act, so as to provide additional funds in the contingent section of said Act for the Department of Public Safety; and for other purposes.
HB 1059. By Messrs. Moate of Hancock, Hawkins of Screven and Jessup of Bleckley:
A Bill to be entitled an Act to amend an Act relating to deductions of gross income, so as to provide for the deductions of Federal Income taxes; and for other purposes.
HB 1061. By Mr. Short of Colquitt:
A Bill to be entitled an Act to amend an Act relating to the State Board of Accountancy; and for other purposes.
HB 1062. By Messrs. M. Smith, McClelland and Brooks of Fulton:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Atlanta, relating to bids; and for other purposes.
HB 1063. By Mr. Flynt of Taliaferro:
A Bill to be entitled an Act to amend an Act known as the "Old Age Assistance Act, so as to provide a maximum income of the recipient before he shall be disqualified to receive assistance from the State; and for other purposes.
HB 1064. By Mr. Love of Catoosa:
A Bill to be entitled an Act to amend an Act relating to County Boards of Health, so as to authorize said Board to regulate the disposal and deposit of garbage and waste within the county; and for other purposes.
HB 1065. By Messrs. Nichols of Towns, Irwin of Habersham, Tarpley of Union, and Barrett of Cherokee:
A Bill to be entitled an Act to provide for the dating of packaged bread; and for other purposes.
HB 1066. By Messrs. M. Smith, McClelland and Brooks of Fulton:
A Bill to be entitled an Act to amend an Act entitled "An Act author izing the Board of Commissioners of Roads and Revenues for Fulton County to establish rules and regulations governing the payment of pensions to county employees; and for other purposes.
698
JOURNAL OP THE HOUSE,
HB 1067. By Messrs. M. Smith, McClelland and Brooks of Pulton:
A Bill to be entitled an Act to amend an Act entitled "An Act to provide in Pulton County a system for pension and retirement pay to teachers and employees of the Board of Education of Fulton County; and for other purposes.
HB 1068. By Messrs. M. Smith, McClelland and Brooks of Fulton:
A Bill to be entitled an Act to amend an Act to provide in cities having a population of more than 150,000, pensions shall be furnished to officers and employees of such cities; and for other purposes.
HB 1069. By Messrs. M. Smith, McClelland and Brooks of Fulton:
A Bill to be entitled an Act to amend an Act providing a system of pensions and other benefits for members of paid Fire Departments in cities having a population of 150,000 or more; and for other purposes.
HB 1070. By Messrs. M. Smith, McClelland and Brooks of Fulton:
A Bill to be entitled an Act to amend an Act providing for pensions for members of police departments in cities having a population of 150,000 or more; and for other purposes.
HR 426-1070a. By Mr. Helms of Atkinson:
A Resolution proposing an amendment to the Constitution so as to authorize Atkinson County to levy a tax not to exceed five mills for the purpose of creating a fund to be used in assisting, promoting and en couraging the location of industries in Atkinson County; and for other purposes.
HR 427-1070b. By Mr. Love of Catoosa:
A Resolution proposing an amendment to the Constitution so as to change the provisions relating to the terms of members of the General Assembly; to change provisions relating to the compensation of such members; and for other purposes.
HR 429-1070d. By Mr. Tarpley of Union: A Resolution to compensate C. A. Arnold; and for other purposes.
HR 430-1070e. By Mr. Wright of Dodge:
A Resolution authorizing and directing the State Librarian to furnish certain law books to the Clerk of the Superior Court of Dodge County; and for other purposes.
HR 431-1070f. By Messrs. Gowen and Killian of Glynn:
A Resolution proposing an amendment to the Constitution so as to authorize the Brunswick Port Authority to construct, maintain, operate and lease certain facilities; and for other purposes.
WEDNESDAY, FEBRUARY 12, 1958
699
HR 433-1070h. By Messrs. Moate of Hancock, Hawkins of Screven, and Jessup of Bleckley:
A Resolution proposing an amendment to the Constitution relating to the registration and qualification of electors; and for other purposes.
HR 434-1071a. By Mr. Sheffield of Brooks:
A Resolution to compensate Mrs. Edith Townsend and Mrs. Rosyner Joiner; and for other purposes.
SR 91. By Senator Sanders of the 18th:
A Resolution to amend a Resolution providing for conveyance by the State of property in Richmond County subject to the reversionary interest of Mrs. Eliza H. S. Nixon; and for other purposes.
SR 112. By Senator Gould of the 4th:
A Resolution designating U. S. Route 17 as the "Ocean Hiway"; and for other purposes.
SR 120. By Senator Dunn of the 8th:
A Resolution authorizing the conveyance of certain State property comprising the District Headquarters of the State Patrol located in the City of Donalsonville, upon the delivery of a deed to the property to comprise the new district headquarters of the State Patrol in said City; and for other purposes.
SR 121. By Senator Dunn of the 8th:
A Resolution proposing an amendment to the Constitution of the State of Georgia so as to authorize the governing authority of Seminole County to levy and collect a tax for industrial purposes; and for other purposes.
SB 199. By Senators Hawes of the 30th, Trotter of the 37th, Mallory of the 25th and Poster of the 26th:
A Bill to be entitled an Act to amend the "Uniform Act Regulating Traffic on Highways" so as to change the provisions for setting speed limits on Federal highways inside municipal corporations; and for other purposes.
SB 201. By Senator Hawes of the 30th, Trotter of the 37th, Mallory of the 25th and Foster of the 26th:
A Bill to be entitled an Act to amend Section 38-602 of the Code of Georgia so as to provide that a certified copy of the motor vehicle operator's license revocation order issued by the Director of the Dept. of Public Safety shall be primary evidence; and for other purposes.
SB 215. By Senator Kelley of the 10th:
A Bill to be entitled an Act to provide that no judgment or decree of any court shall affect the title to real property until said judgment is
700
JOURNAL OF THE HOUSE,
recorded in court records of county in which property is located; and for other purposes.
SB 218. By Senator Hawes of the 30th:
A Bill to be entitled an Act to authorize all eligible officers and employees of the Jekyll Island State Park Authority to become members of the Employees' Retirement System of Georgia; and for other purposes.
SB 219. By Senator Hawes of the 30th:
A Bill to be entitled an Act authorizing the State Highway Dept. to reimburse the State Dept. of Law for expenses incurred for legal services by any Assistant Attorney General or Deputy Assistant At torney General; and for other purposes.
SB 229. By Senator McGarity of the 35th:
A Bill to be entitled an Act to amend an Act relating to qualifications of an agent for Ga. Bureau of Investigation so as to change the pro visions relating to qualifications of an agent; and for other purposes.
SB 248. By Senators Williams of the 49th and Sanders of the 18th:
A Bill to be entitled an Act to create a Ga. Recreation Commission; to provide for the members of the Commission; and for other purposes.
SB 255. By Senators Howard of the 17th, Pelham of the 7th, and Sanders of the 18th:
A Bill to be entitled an Act to amend an Act creating the Ga. Com mission on Alcoholism, approved Feb. 21, 1951 (Ga. Laws 1951, p. 806), as amended by an Act approved Feb. 15, 1952 (Ga. L. 1952, p. 403); and for other purposes.
SB 258. By Senator Trotter of the 37th:
A Bill to be entitled an Act concerning Notaries Public who are stock holders, directors, officers or employees of banks or other corporations; and for other purposes.
SB 260. By Senator Pound of the 20th:
A Bill to be entitled an Act to amend the Act incorporating certain Churches and Camp Grounds and appointing trustees for the same, (Ga. Laws 1833, p. 44) by striking a portion of Section 12 of said Act; and for other purposes.
SB 261. By Senator Crawford of the 1st:
A Bill to be entitled an Act to amend Code Section 38-1501 pertaining to attendance of witnesses and fees therefor making section applicable to city and recorders' courts in certain counties; and for other purposes.
WEDNESDAY, FEBRUARY 12, 1958
701
SB 263. By Senator Crawford of the 1st:
A Bill to be entitled an Act to amend an Act relating to the compensa tion of officials of the City Court of Savannah, so as to change the provisions relating to the compensation of the clerk of said court; and for other purposes.
SB 264. By Senator Crawford of the 1st:
A Bill to be entitled an Act to amend an Act prescribing the compen sation for the Tax Commissioner of Chatham County, approved March 5, 1957 (Ga. Laws 1957, p. 2357), so as to change the minimum amount of such compensation; 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 378. By Mr. Kidd of Baldwin:
A Bill to be entitled an Act to amend an Act to provide for homestead exemption from certain taxes; and for other purposes.
HB 1030. By Mr. Caldwell of Upson:
A Bill to be entitled an Act to authorize the Clerk of the Superior Court to return unclaimed funds to a county where such funds have been paid into the Superior Court in a condemnation proceeding by the Court when such funds are held for the benefit of unknown persons or for those persons whose interests in the property involved is unknown; and for other purposes.
HB 1036. By Messrs. M. Smith of Fulton, Holcombe of Cobb and Cheatham of Chatham:
A Bill to be entitled an Act to amend an Act, which provides that streets or parts of streets, lying within the corporate limits of municipalities of this State and forming a continuation of, or a link in, the State-Aid system of roads shall become a part of the State-aid system of roads and for other purposes.
HB 1045. By Messrs. McClelland, Brooks and M. Smith of Fulton:
A Bill to be entitled an Act to authorize the Solicitor-General of the Superior Court in certain counties to appoint certain investigators; and for other purposes.
HB 1058. By Mr. Hawkins of Screven:
A Bill to be entitled an Act to create an agency of the State of Georgia to be known as the Georgia Commission of Surplus Property; and for other purposes.
HB 1060. By Mr. M. Smith of Fulton:
A Bill to be entitled an Act to authorize the Commissioner of Agricul ture to establish exhibits at Agricultural Fairs so as to advertise and promote the agricultural resources of this State; and for other purposes.
702
JOURNAL OF THE HOUSE,
HB 1071. By Messrs. Moate of Hancock, Hawkins of Screven, Jessup of Bleckley and Sheffield of Brooks:
A Bill to be entitled an Act to authorize the acquisition by the State of the port facilities of the Central of Georgia Railroad and Whitehall Plantation in Chatham County; and for other purposes.
HB 1072. By Mr. Twitty of Mitchell:
A Bill to be entitled an Act to provide for retirement benefits for the Ordinaries of Georgia; and for other purposes.
HR 290. By Mr. Hawkins of Screven:
..A Resolution to amend House Rules 152 and 153; and for other purposes.
HR 428-1070c. By Mr. M. Smith of Fulton:
A Resolution proposing an amendment to the Constitution so as to provide an exemption from taxation for certain fraternity and sorority property; and for other purposes.
HR 432-1070g. By Messrs. Hawkins of Screven, Alien and Fordham of Bulloch: A Resolution relative to the State song; and for other purposes.
HR 435-1071b. By Mr. Twitty of Mitchell:
A Resolution proposing an amendment to the Constitution so as to authorize taxation for the purpose of paying pensions and benefits and costs under an Ordinaries retirement system; and for other purposes.
SB 137. By Senator Wright of the 24th:
A Bill to be entitled an Act to change the compensation of the sheriff of Chattahoochee County; and for other purposes.
SB 208. By Senator Sanders of the 18th:
A Bill to be entitled an Act to provide for summary judgments in the courts; to define the courts to which this Act shall apply; and for other purposes.
By unanimous consent, the following Bills and Resolutions of the House and Senate were taken up for consideration and read the third time:
HB 915. By Mr. Carter of Hart:
A Bill to be entitled an Act to provide for nominations of persons to be elected, selected or appointed by the Grand Jury of Hart County; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 156, nays 0.
WEDNESDAY, FEBRUARY 12, 1958
703
The Bill, having received the requisite constitutional majority, was passed.
HB 916. By Mr. Carter of Hart:
A Bill to be entitled an Act to create a Board of Commissioners of Roads and Revenues 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 156, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 917. By Mr. Carter of Hart:
A Bill to be entitled an Act to abolish the office of Treasurer of Hart County; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 156, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 920. By Mr. Kimmons of Pierce:
A Bill to be entitled an Act to establish the City Court of Blackshear; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 156, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 972. By Mr. Black of Webster:
A Bill to be entitled an Act to provide for an expense allowance for the Commissioner of Roads and Revenues 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 156, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
704
JOURNAL OF THE HOUSE,
HB 974. By Messrs. McKenna, Wilson 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 156, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 977. By Messrs. Kidd and Griffith of Baldwin:
A Bill to be entitled an Act to amend an Act creating a Board of County Commissioners for 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 156, nays 0.
The Bill, having received the requisite constitutional majority was passed.
HB 978. By Mr. Nichols of Towns:
A Bill to be entitled an Act to supplement the salary of the Sheriff in certain counties; and for other purposes.
The following amendment was read and adopted:
Mr. Nichols of Towns moves to amend HB 978 by strikinig the figure $100.00 per month and inserting in lieu thereof $75.00 per month.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, as amended, the ayes were 156, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
HB 979. By Messrs. Kidd and Griffith of Baldwin: A Bill to be entitled an Act to amend an Act creating a Board of County Commissioners of Roads and Revenues for Baldwin County; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 156, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
WEDNESDAY, FEBRUARY 12, 1958
705
HB 981. By Mr. Carr of Dooly:
A Bill to be entitled an Act to authorize the governing authority of Dooly County to pay a certain sum to the Sheriff of said County for contingent expenses; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 156, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 982. By Messrs. Willis and Chastain of Thomas:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Coolidge; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 156, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 985. By Messrs. Busbee and Holloway of Dougherty:
A Bill to be entitled an Act to amend an Act abolishing the City Court of Albany; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 156, nays 0.
The Bill, having rsceived the requisite constitutional majority, was passed.
HB 989. By Messrs. Willingham, Reed and Holcombe of Cobb:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Kennesaw; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 156, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 993. By Mr. Barrett of Cherokee:
A Bill to be entitled an Act to amend an Act creating the office of Tax Commissioner of Cherokee County; and for other purposes.
706
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 156, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 994. By Mr. Barrett of Cherokee:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Canton; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 156, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 995. By Messrs. Reed, Holcombe and Willingham of Cobb:
A Bill to be entitled an Act to amend an Act providing for the regu lation 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 156, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 996. By Mr. Barrett of Cherokee:
A Bill to be entitled an Act to amend an Act incorporating the City of Canton; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 156, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1001. By Messrs. Lee 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 156, nays 0.
WEDNESDAY, FEBRUARY 12, 1958
707
The Bill, having received the requisite constitutional majority, was passed.
HB 1002. By Messrs. Lee 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 156, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1003. By Messrs. Lee 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 156, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
SB 251. By Senator Ellard of the 31st:
A Bill to be entitled an Act to amend an Act incorporating the town of Cornelia; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 156, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
SB 244. By Senator Foster of the 26th: A Bill to be entitled an Act to amend an Act placing the Coroner of Clayton County on a salary basis; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 156, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
SB 245. By Senator Stafford of the 47th: A Bill to be entitled an Act to amend an Act to amend the charter of the City of Tifton; and for other purposes.
708
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 156, nays 0.
The Bill, having- received the requisite constitutional majority, was passed.
SB 246. By Senator Hill of the 54th:
A Bill to be entitled an Act to amend an Act incorporating the Town of Cobbtown; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 156, nays 0.
The Bill, having- received the requisite constitutional majority, was passed.
HE 398-968a. By Mr. Carter of Hart:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide that the Board of Education of Hart County shall be composed of eight (8) members elected 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 OP 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 Hart County shall consist of eight (8) members. One member shall be from the Vanna School Dis trict, one from the Airline School District, one from the Eagle Grove School District; one from the Mt. Olivet School District; one from the Reed Creek School District; one from the Nancy Hart School District and two from the Hartwell School District, one of whom shall be a resident of the City of Hartwell and one of whom shall not be a resident of the City of Hartwell. Said members shall be elected from said Districts and said City as such Districts and City are now or may hereafter be constituted. The members of the School Board shall be elected for a term of four (4) years in the manner hereinafter provided. The members of said School Board shall be residents of the District from which they are elected, and shall be elected by the voters of their District, provided that the School Board may at any time provide for the election of future members thereof by the voters of the entire County. The School Board of Hart County shall annually elect a Chairman who shall serve for a term of one year, and who shall be ineligible to succeed himself. In the event this amendment is ratified, it shall be the
WEDNESDAY, FEBRUARY 12, 1958
709
duty of the Ordinary of Hart County in the month of February of 1959, and every four (4) years thereafter, to issue a call for an election to be held for members of the School Board of Hart County. Said election shall be held on the second Tuesday in March 1959, and every four (4) years thereafter. It shall be the duty of the Ordinary to publish the date of the election, the purpose thereof, a brief description of the voting procedure by Districts and a list of the polling places once a week for a period of four (4) weeks preceding the date of the election in the official organ of Hart County. The members elected at such election shall take office on July 1, and shall hold their office for a period of four (4) years or until their successors are elected and qualified. Any vacancy on the Board shall be filled by appointment of the next Grand Jury convening after the vacancy occurs for a member to serve the unexpired term.
"The Board of Education of Hart County created by this amendment 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."
The present Board of Education of Hart County shall stand abolished as of June 30, 1959.
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, such proposed amendment shall be published and submitted as provided in Artcile XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
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 that the Board of Education of Hart County shall be com posed of eight (8) members elected by the people.
"Against ratification of amendment to the Constitution so as to provide that the Board of Education of Hart County shall be composed of eight (8) members elected by the people."
All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification.
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon. The Board of Education of Hart County as presently consti tuted shall stand abolished as of June 30, 1959, thereupon.
710
JOURNAL OF THE HOUSE,
The report of the committee which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Barber Barrett Birdsong Black Blalock of Clayton Bodenhamer Boggs Brackin Bradley Brennan Brooks of Oglethorpe Brooks of Fulton Broome Budd Busbee Cagle Caldwell Callier A. Campbell of
Walker W. Campbell of
Walker Carr Carswell Chastain Cheatham Cheek Cloud Coalson Cocke Cowart Craven Denmark Dorminy Duncan Echols Elder Eyler Flynt Fordham Fowler of Douglas Fowler of Treutlen Frazier Fuqua Gowen Green of Rabun
Greene of Bartow Griffith Grimsley Gross of Stephens Gross of Dade Gunter Hall of Floyd Hall of Lee Hardaway Harper Harrison Hawkins Helms Henderson Hodges of Ware Hodges of Butts Hogan Holcombe Holley Holloway Huddleston Hurst Ingle Irvin Johnson Jones of Lumpkin Jones of Baker Jones of Sumt-er Jones of Crawford Kelley Kennedy Key Kidd Killian Kimmons King Lam Lancaster Lanier Lee Lokey Love Mar Jn Matthews Miles Miller of Elbert Mobley Moorman
Morris Moss Murphy McCracken McGibony McWhorter Neese Newton Nichols Nilan Orr Overby Palmer Parker of Appling Payton Pelham Perkins Perry Peters Phillips of Walton Pickard Pickett Ramsey Raulerson Reed Roberts Rogers of Heard Ross Rowland Russell Rutland Scoggin Short Singer
Sivell
Smith of Forsyth Smith of Emanuel Smith of Whilfield Smith of Bryan Souter Stephens Story Summers Tabb Tarpley Taylor Todd Truelove
WEDNESDAY, FEBRUARY 12, 1958
711
Twitty Underwood Veal Walker of Lowndes Walker of Telfair
Watson Weems Wells White Willingham
Willis Wilson Winkle Wright of Floyd
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 406-1005c. By Mr. Helms of Atkinson:
A RESOLUTION
Proposing an amendment to the Constitution so as to abolish the elective office of County School Superintendent of Atkinson County; to provide for the appointment of the County School Superintendent of Atkinson County by the Atkinson County Board of Education; to provide for the duties, responsibilities, authorities and compensation of the County School Superintendent; to provide an effective date; to provide for the submission of this amendment for ratification or re jection and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1
Article VIII, Section VI, Paragraph I of the Constitution relating to the County School Superintendent, as amended, is hereby amended by adding at the end thereof the following:
"The elective office of County School Superintendent of Atkin son County is hereby abolished effective as of December 31, 1960.
"The County School Superintendent of Atkinson County shall be appointed by and serve at the pleasure of the Atkinson County Board of Education. The Atkinson County Board of Education shall fix the qualifications, duties, responsibilities, authorities and com pensation of the County School Superintendent of Atkinson County.
"The incumbent County School Superintendent shall serve the remainder of the present term for which he was elected, and the first appointment under the provision of this amendment shall be effective as of January 1, 1961.
"The County School Superintendent of Atkinson County as provided for herein shall be subject to all constitutional provisions and all statutory provisions relative to county school superin tendents 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, such
712
JOURNAL OF THE HOUSE,
proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
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 appointment of the County School Superintendent of Atkinson County by the Atkinson County Board of Education.
"Against ratification of amendment to the Constitution so as to provide for the appointment of the County School Superintendent of Atkinson County by the Atkinson 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 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 call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs:
Adams Barber Barrett Birdsong Black Blalock of Clayton Bodenhamer Boggs Brackin Bradley Brennan Brooks of Oglethorpe Brooks of Fulton Broome Budd Busbee Cagle Caldwell Callier A. Campbell of
Walker W. Campbell of
Walker
Carr Carswell Chastain Cheatham Cheek Cloud Coalson Cocke Cowart Craven Denmark Dorminy Duncan Echols Elder Eyler Fellows Floyd Flynt Fordham Fowler of Douglas Fowler of Treutlen Frazier
Fuqua Gowen Green of Rabun Greene of Bartow Griffith Grimsley Gross of Stephens Gross of Dade Gunter Hall of Floyd Hall of Lee Hardaway Harper Harrison Hawkins Helms Henderson Hodges of Ware Hodges of Butts Hogan Holcombe Holley Holloway
WEDNESDAY, FEBRUARY 12, 1958
Huddleston Hurst
Ingle
Irvin Johnson Jones of Lumpkin Jones of Baker Jones of Laurens Jones of Sumter Jones of Crawford Kelley Kennedy Key Kidd Killian Kimmons King Lam Lancaster Land Lanier Lee Lokey Love Martin Matthews Miles Miller of Elbert Mobley Moorman Morris
Moss Murphy McCracken McGibony McWhorter Neese Newton Nichols
Nilan Orr Overby Palmer Parker of Appling Payton Pelham Perkins Perry Peters Phillips of Walton Pickard Pickett Ramsey Raulerson Ray Reed Roberts Rogers of Heard Ross Rowland Russell Rutland
Scoggin Short Singer Sivell Smith of Porsyth Smith of Emanuel Smith of Whitfield Smith of Bryan Souter Stephens Story Summers Tabb Tarpley Taylor Todd Truelove Twitty Underwood Veal Walker of Lowndes Walker of Telfair Watson Weems
Wells
White Willingham Willis Wilson Winkle Wright of Floyd
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.
SR 88. By Senator Wright of the 24th:
A RESOLUTION
Proposing an amendment to Article VIII, Section V, Paragraph I of the Constitution of Georgia, so as to provide for abolishing the existing five-member Board of Education of Chattahoochee County and to create a new five-member Board; to provide for the election of the new five-member Board; to provide for their terms of office and qualification; to provide for the submission of this amendment for ratification or rejection by the people; to provide for an effective date; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article VIII, Section V, Paragraph I of the Consti tution of Georgia is hereby amended by adding at the end thereof new paragraphs which shall read as follows:
714
JOURNAL OF THE HOUSE,
"The present County Board of Education of Chattahoochee County operating and existing before the effective date of this amendment is hereby abolished, effective as provided hereinafter. There is hereby created a new Board, to be known as the Chatta hoochee County Board of Education, which shall have the same powers and duties as the present county board herein abolished. The Chattahoochee County Board of Education shall consist of five members to be elected as herein provided.
"The members of the County Board of Education of Chatta hoochee County shall be elected by the people at the same time and for the same term that other county officers of Chattahoochee County are elected, and shall hold their offices until their successors are elected and qualified. The County of Chattahoochee shall com pose one school district, and shall be confided to the control and management of the Chattahoochee County Board of Education. There shall be elected to serve on the Chattahoochee County Board of Education five members from the county at large; the five at large candidates receiving the highest number of votes shall be deemed elected.
"The Board of Education of Chattahoochee County in effect at the time of ratification of this amendment shall be abolished effective December 31, 1960, and the terms of office of all members of such board shall expire on such date. After the ratifi cation of this amendment, the Grand Jury of Chattahoochee County shall appoint no new members to the Board, but the term of any member serving at the time this amendment is ratified is hereby extended to December 31, 1960, even though such term would have expired prior to that date.
"The successors to the members whose terms expire on De cember 31, 1960 shall be elected at the general election in 1960 and shall qualify for the county primary or primaries of 1960, subject to the rules of the County Executive Committee. The five persons elected at said election shall take office on January 1 following their election. Their successors and all future successors shall be elected at the general election in the year in which their terms of office expire and they shall take office on January 1 following their election. The terms of office shall be for four years and until their successors are elected and qualified. Should a vacancy occur on said Board, the remaining members shall elect a person to fill the unexpired term. To be eligible to hold office as a member of the Chattahoochee County Board of Education, a person shall be of good moral character, have at least a fair knowl edge of the elementary branch of the English education, be favor able to the common school system, and be qualified to vote for members of the General Assembly.
"This amendment shall be effective from the date of the proclamation by the Governor."
Section 2. When the above proposed amendment to the Consti tution 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, such proposed amendment shall be published and submitted as
WEDNESDAY, FEBRUARY 12, 1958
715
provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
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 Board of Education of Chattahoochee County by the people."
"Against ratification of amendment to the Constitution so as to provide for the election of the Board of Education of Chattahoochee County by the people."
All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification.
If such amendment shall be ratifified 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 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 Barber Barrett Birdsong Black Blalock of Clayton Bodenhamer Boggs Brackin Bradley Brennan Brooks of Oglethorpe Brooks of Fulton Broome Budd Busbee Cagle Caldwell Callier A. Campbell of
Walker W. Campbell of
Walker Carr
Carswell Chastain Cheatham Cheek Cloud Coalson Cocke Cowart Craven Denmark Dorminy Duncan Echols Elder Eyler Fellows Floyd Fordham Fowler of Douglas Fowler of Treutlen Frazier Fuqua Gowen Green of Rabun
Greene of Bartow Griffith Grimsley Gross of Stephens Gross of Bade Gunter Hall of Floyd Hall of Lee Hardaway Harper Harrison Hawkins Helms Henderson Hodges of Ware Hodges of Butts Hogan Holcombe Holley Holloway Huddleston Hurst Ingle Irvin
716
JOURNAL OF THE HOUSE,
Johnson Jones of Lumpkin Jones of Baker Jones of Laurens Jones of Sumter Jones of Crawford Kelley Kennedy Key Kidd Killian Kimmons King-
Lam Lancaster Land Lanier Lee Lokey Love Martin Matthews Miles Miller of Elbert Mobley Moorman Morris Moss Murphy McCracken
McGibony McWhorter Neese Newton Nichols Nilan Orr Overby Palmer Parker of Appling Payton Pelham Perkins Perry Peters Phillips of Walton Pickard Pickett Ramsey Raulerson Ray Reed Roberts Rogers of Heard Ross Rowland Russell Rutland Scoggin Short
Singer Sivell Smith of Forsyth Smith of Emanuel Smith of Whitfield Smith of Bryan Souter Stephens Story Summers Tabb Tarpley Taylor Todd Truelove Twitty Underwood Veal Walker of Lowndes Walker of Telfair Watson Weems Wells White Willingham Willis Wilson Winkle Wright of Floyd
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.
SR 104. By Senator Gould of the 4th:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the General Assembly to provide by local law for the creation of the office of Tax Assessor of Glynn County in lieu of the Board of Tax Assessors of Glynn 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, Paragraph VI of the Constitution, relating to county governments, is hereby amended by adding at the end thereof the following:
"The General Assembly is hereby authorized to provide by local law for the creation of the office of Tax Assessor of Glynn County in lieu of the Board of Tax Assessors of Glynn County and to provide for th epowers, duties and other matters relative there to."
WEDNESDAY, FEBRUARY 12, 1958
717
Section 2. When the above proposed amendment to the Consti tution 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, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended,
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"For ratification of amendment to the Constitution so as to authorize the General Assembly to provide by local law for the creation of the office of Tax Assessor of Glynn County in lieu of the Board of Tax Assessors of Glynn County."
"Against ratification of amendment to the Constitution so as to authorize the General Assembly to provide by local law for the creation of the office of Tax Assessor of Glynn County in lieu of the Board of Tax Assessors of Glynn 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 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 for 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 Barber Barrett Birdsong Blask Blalock of Clayton Bodenhamer Boggs Brackin Bradley Brennan
Brooks of Oglethorpe Brooks of Fulton Broome Budd Burkhalter
Busbee Cagle Caldwell Callier A. Campbell of
Walker W. Campbell of
Walker Carr Carswell Chastain
Cheatham Cheek Cloud Coalson Cocke
Cowart Craven Denmark Dorminy Duncan Echols Elder Eyler Flynt Fowler of Douglas Fowler of Treutlen
Frazier Fuqua Gowen Green of Rabun Greene of Bartow
718
JOURNAL OF THE HOUSE,
Griffith Grimsley Gross of Stephens Gross of Bade Gunter Hall of Floyd Hall of Lee Hardaway Harper Harrison Hawkins Helms Henderson Hodges of Ware Hodges of Butts Hogan Holcombe Holley Holloway Huddleston Hurst Ingle Irvin Johnson Jones of Lumpkin Jones of Baker Jones of Laurens Jones of Sumter Jones of Crawford Kelley Kennedy Key Kidd Killian Kimmons King Lam
Lancaster Lanier Lee Lokey Love Martin Matthews Miles Miller of Elbert Mobley Moorman Morris Moss Murphy McCracken McGibony McWhorter Neese Nichols Nilan Orr Overby Palmer Parker of Appling Payton Pelham Perkins Perry Peters Phillips of Walton Pickard Pickett Ramsey Raulerson Reed Roberts Rogers of Heard
Ross Rowland Russell Rutland Scoggin Short Singer Sivell Smith of Forsyth Smith of Emanuel Smith of Whitfield Smith of Bryan
Souter Stephens Story Summers Tabb Tarpley Taylor Todd Truelove Twitty Underwood Veal Walker of Lowndes Walker of Telfair
Watson Weems Wells White Willingham Willis Wilson Winkle Wright of Floyd
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.
By unanimous consent, the following Bills of the Senate were read the first time and referred to the committees:
SB 256. By Senator Pound of the 20th:
A Bill to be entitled an Act to amend an Act relating to use of right of ways allowing State Highway Dept. and county governing authorities rights to grant permits to those engaged in mining clays to operate pipelines under right of ways and for other purposes.
Referred to Committee on Highways.
WEDNESDAY, FEBRUARY 12, 195S
719
SB 259. By Senator Trotter of the 37th:
A Bill to be entitled an Act to amend Code Section 13-2023 relating- to the purchase and ownership of stocks, bonds and other investment securities by banks; and for other purposes.
Referred to Committee on Banks and Banking.
SB 266. By Senator Sanders of the 18th:
A Bill to be entitled an Act to authorize and regulate reciprocal or inter-insurance transactions; to provide such contracts may be executed by an attorney in fact; to require certain information to be submitted to the Insurance Commissioner; and for other purposes.
Referred to Committee on Insurance.
SB 269. By Senators Pelham of the 7th, Stafford of the 47th, Williams of the 49th and others:
A Bill to be entitled an Act to provide for guidance counselors in each school system of the State; to provide for the duties of such guidance counselors; to repeal conflicting laws; and for other purposes.
Referred to Committee on Education:
SB 209. By Senators Sammon of the 34th and Paris of the 27th:
A Bill to be entitled an Act to provide that all human blood used in blood transfusions shall be labeled as to the race of the donor; and for other purposes.
Referred to Committee on Hygiene and Sanitation.
The following Resolution of the House was read and referred to the com mittee on Rules:
HR 458. By Mr. Neese of Clay:
A RESOLUTION
WHEREAS: A Bill is now pending in Congress seeking to change the name of the Fort Gaines Lock and Dam on the Chattahoochee River to be hereafter known and designated as the Senator Walter F. George Lock and Dam.
AND WHEREAS: Such action, if and when approved, will meet with general approval by all our people since this will be a fitting memorial to a great Georgian and a Great Statesman;
AND WHEREAS: It is now contemplated that the lake to be formed by the backwater from this Lock and Dam carry a name that would be representative both as to geographical location and suggestive of the general section.
AND WHEREAS: The largest expanse of impounded waters will be immediately contiguous, and will lie within the confines of Henry County, Alabama and Clay County, Georgia.
720
JOURNAL OF THE HOUSE,
NOW THEREFORE: It shall be the sense of this body, the Gen eral Assembly of Georgia now in session, that we request Congress to name this lake "Lake Henry-Clay". By so doing this act'on will (1) recognize and interest of Henry County, Alabama; (2) that of Clay County, Georgia and (3) the combination of the two "Henry Clay" will also honor the great statesman and American patriot for whom Clay County, Georgia was named. That any law, regulation, map, document or record of the United States in which said lake appears, shall be changed to read "Lake Henry-Clay", and shall forever afterward be referred to by that name.
Mr. Bodenhamer of Tift moved that the following Bill of the House be withdrawn from the Committee on Education and recommitted to the Com mittee on Rules:
HB 1006. By Mr. Bodenhamer of Tift:
A Bill to be entitled an Act to repeal an Act to provide for the compulsory school attendance of all children with the State of Georgia, and for other purposes.
On the motion to recommit, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.
Adams Black Bodenhamer Carr Car swell Chastain Cheek Cloud Fowler of Douglas Hawkins Hodges of Butts Hurst
Jessup Johnson Jones of Baker Jones of Sumter Martin Mobley Moorman McGibony Neese Newton Perkins Ramsey
Raulerson Scoggin Short Smith of Whitfield Summers Tabb Todd Veal White Willis Wooten
Those voting in the negative were Messrs.:
Ballard Barber Boggs Bolton Bradley Brennan Brooks of Oglethorpe Brooks of Fulton Broome Budd Busbee Cagle Caldwell Cheatham Coalson
Cocke Craven Dorminy Duncan Echols Elder Eyler Fellows Fordham Fowler of Treutlen Frazier Fuqua Green of Rabun Greene of Bartow Gross of Stephens
Hall of Lee Hodges of Ware Hogan Holley Holloway Ingle Irvin Jones of Laurens Jones of Crawford Kelley Key Killian Lam Lancaster Lanier
WEDNESDAY, FEBRUARY 12, 1958
721
Lee Lokey Love Mackay Mann Matthews Miller of Elbert Moss McClelland McWhorter Nichols Palmer
Parker of Ware Pelham Phillips Pickett Reed Roberts Ross Rutland Sivell Smith of Forsyth Smith of Emanuel Souter
Stephens Story Tamplin Tarpley Truelove Twitty Walker of Lowndes Watson Wells Willingham Wilson
On the motion to recommit, the ayes were 35, nays 80.
The motion to recommit was lost.
The following Resolution of the Senate was read and adopted:
SR 122. A Resolution memorializing the Congress of the U. S. to enact legisla
tion providing the dairy support price for 1958; and for other pur poses.
Under the provisions of HR 323, the Speaker appointed as a Committee on the part of the House, to study the increasing rate of Insurance, the follow ing members of the House:
Messrs. Hawkins of Screven, Twitty of Mitchell, Scoggin of Floyd, Jessup of Bleckley, and Jones of Crawford.
The following Bill of the House was taken up for the purpose of consider ing the Senate amendment thereto:
HB 770. By Mr. McCraeken of Jefferson:
A Bill to be entitled an Act to amend an Act incorporating the Town of Louisville; and for other purposes.
The following Senate amendment was read:
The committee on County and Municipal Government moves to amend HB 770 as follows:
1. By striking from line 13 of the caption the following language: "To change the date of elections from Saturday to Friday."
2. By striking from lines 15 and 16 of the caption the following language: "And to provide that candidate for council specify which incumbent they wish to succeed" and inserting in lieu thereof the following language: "And to provide that in elections where there are two Councilmen to be elected all votes cast must be for two Councilmen."
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JOURNAL OF THE HOUSE,
Mr. McCracken of Jefferson moved that the House agreed to the Senate amendment to HB 770.
On the motion to agree, the ayes were 103, nays 0.
The Senate amendment to HB 770 was agreed to.
Pursuant to Joint Resolution adopted by the House and Senate, the Senate appeared upon the floor of the House and the Joint Session convened for the purpose of hearing a message from Judge George Wallace of the Third Judicial Circuit of the State of Alabama, and was called to order by the President of the Senate.
The Secretary of the Senate read the Resolution providing for the Joint Session.
Accompanied by Governor Griffin, the Committee of Escort, and other distinguished guests, Judge George Wallace appeared upon the floor of the House.
Lieutenant-Governor Ernest Vandiver presented Governor Marvin Griffin whose introductory remarks of Judge George Wallace of Clayton, Alabama, are as follows:
It is certainly a privilege and indeed a high honor for me to have the oppor tunity of presenting to you a distinguished Southerner who has led the fight to preserve our constitutional form of government in his section of the South.
Our guest today voted for Senator Richa'rd B. Russell for President at the 1948 Democratic Convention.
He was a member of the Platform Committee at the Democratic Convention of 1956 and led the fight for Alabama against the so-called civil rights' pro posal.
As an outstanding advocate of local and constitutional government, he appeared before the House Judiciary Committee in 1957 and spoke against the civil rights' bill.
This is the man who has closed his records to civil rights' investigators, and the man who once stated he would order the arrest of any F. B. I. Agent who attempted to investigate the jury boxes of his circuit.
There is a strong possibility that the people of Alabama may call this great Southerner to higher service.
It is certainly a distinct honor for me to present to you this morning Judge George Wallace of the 3rd Judicial Circuit of the Great State of Alabama.
Judge George Wallace delivered the following address to the members of the General Assembly:
Georgia and Alabama and their other sister Southern States must continue total resistance to the efforts of those in other sections to destroy constitutional government. I know that many millions of people in other parts of the nation are deeply grateful to the South for the militant defense of the constitution. We must never succumb to the idea of the few among us that the social and educational processes of the South are doomed--for this is not the case. The South has met many challenges in the past to its social and educational order.
WEDNESDAY, FEBRUARY 12, 1958
723
There is enough intelligence and dedication in the leadership of the South to maintain the status-quo, maintain peace and transquility among our people and continue our economic and industrial progress. We can maintain our social and educational order within the law. I do not recommend disobedience to the law, but legal and peaceable defiance within the law. The number one problem facing the American people which must be recognized by the Congress is Nat: onal Security. If this present session of the Congress can but rise to states manship, it will place this as the number one item on the agenda and place the pure political question of the so called Civil Rights as the last item on the agenda. While the preservation of our social and educational order, which is in the interest of all the citizens of the South is a definite problem, we must not overlook other pressing and important problems. Further industrialization of the South is a must. Rural industrialization--that is, industries for the small cities of the South, will help in some manner to solve the problem of dwindling farm income. Industrialization of the South will provide employment for thousands of our rural people. Industrialization of the South will strengthen this nation as nothing else can. Slowly but surely we are throwing off the past economic restriction upon the economy of the South and will come into our own if the South is allowed to utilize its full industrial potential. Such will make this nation stronger than any combination of nations on the face of the earth. In this manner, the development of the South could well prevent World War III.
The free world would become so strong that Russian imperialistic and ag gressive designs could be held in check. Nothing better could happen to the free world than for the South to emerge as a powerful industrial as well as agri cultural center. It has all the human, material, and natural resources necessary to immeasurably strengthen the nation. Yes, the South is the last Bulwark of democracy and the hope of the free world.
Senator Hawes of the 30th moved that the Joint Session be now dissolved, and the motion prevailed.
The President of the Senate announced the Joint Session dissolved.
The Speaker called the House to order.
The following resolution of the Houes was read and adopted:
HR 464. By Messrs. Cheatham, Eyler and Brennan of Chatham:
RESOLUTION
WHEREAS, on February 12, 1733, General James Edward Oglethorpe and a band of 120 sea-weary followers first set foot on Yamacraw Bluff to found the Colony of Georgia and the "Mother City" thereof; and
WHEREAS, Savannah and the great State of Georgia have grown and prospered mightily since that humble beginning 225 years ago; and
WHEREAS, since its founding the State of Georgia has played a major part in the rich history, heritage, tradition and accomplish ments of the original Thirteen Colonies, the South and our nation;
NOW THEREFORE BE IT RESOLVED by the House of Repre-
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JOURNAL OP THE HOUSE,
sentatives of the Georgia General Assembly that it does and hereby pauses in its deliberations to recognize and pay special tribute to the memory of General Oglethorpe and those whose courage, vision and perseverance 225 years ago laid the foundation for the Empire State of the South and the City of Savannah, its first capital; and
BE IT FURTHER RESOLVED that this body now pay homage to Almighty God for His beneficence and multitudinous blessings be stowed upon all Georgians, living and dead, who have shared :'n His infinite grace and mercy.
The following report of the Committee on Rules was read and adopted:
February 12, 1958 Mr. Speaker:
Your Committee on Rules met and fixed a calendar for today's business, Wednesday, February 12, 1958 and submits the following:
HB 57. Prohibit advertising liquor HB 641. Planning Commissioners, municipal HB 642. Facsimile Signature, officials HB 844. State Tort Claims Act, create HR 333-787b. Governor to sell surplus property (pp. 2/11) HB 840. Economic Poisons Act. HB 894. Workmen Compensation; "employee" "Employer" HB 897. State Detention Homes Act HR 369-881a. Constitutional amendment; Peace Officers Fund HB 661. Ordinary, close office HB 836. Used Car Dealers HB 973. Municipal Golf courses, etc. HR 405-1005b. Land, Baldwin County HR 321-7721. Compensate Mobley HB 610. Pensions, Confederate Widows HB 986. Milk Control Commission HB 823. Sanitation, cafes, etc. SB 37. Laws of descent, persons entitled to property HB 983. Compensation, Director State Parks SR 116. Farmers Market SR 117. Hog Cholera SR 118. Livestock slaughter SB 106. Solicitor General, O.A.S.I.
WEDNESDAY, FEBRUARY 12, 1958
725
HR 347-827e. School, Lumpkin County HB 783. Court of Ordinary, Administration HB 825. Wife's separate estate (Unfav. rpt.) HB 782. Injuries, loss of hearing HB 805. Military Forces Act HR 374. Repeal, Federal Excise Tax HR 394-944a. Youth Honor Day HR 348-827f. Sidney Lanier Bridge After this Calendar has been exhausted the Speaker may in his discretion call up any Bill on the General Calendar.
Hawkins of Screven, Vice-Chairman McCracken of Jefferson, Secretary
Under the order of business established by the Committee on Rules, the following Bills and Resolutions of the House were taken up for consideration and read the third time:
HB 57. By Mr. Bodenhamer of Tift:
A Bill to be entitled an Act to prohibit the advertisement of spirituous liquors or distilled spirits; and for other purposes.
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 Bagby Barber Barrett Black Blalock of Coweta Blalock of Clayton Bodenhamer Bradley Burkhalter Cagle Callier Carswell Carter Chastain Coalson Duncan Ellis Fellows Freeman
Green of Rabun Greene of Bartow Grimsley Gross of Stephens Gross of Dade Hall of Lee Hardaway Harper Helms Hodges of Butts Hogan Ingle Irvin Johnson Jones of Worth Kelley Kennedy Lam Lancaster Lanier
Lee Long Lott Love Mackay Mobley Morris Moss Murr McGibony McWhorter Newton Nichols Overby Palmer Parker of Appling Perkins Perry Peters Ramsey
726
JOURNAL OF THE HOUSE,
Raulerson Roberts Rutland Scoggin Smith of Whitfield Smith of Bryan
Story Summers Tabb Tarpley Taylor Todd
Twitty Veal Wells Winkle Yandle
Those voting in the negative were Messrs.:
Birdsong Brackin Broome Budd Caldwell Cheatham Cocke Cowart Crummey Denmark Dorminy Echols Floyd Fowler of Treutlen Frazier Fuqua Griffith
Gunter Hendrix Hodges of Ware Holcombe Holley Holloway Hurst Jones of Sumter Kidd King Larkins Mann Matthews Miles McKenna Neese Odom
Orr Phillips of Walton Pickard Pickett Rogers of Heard Ross Smith of Fulton Souter Underwood Walker of Lowndes Walker of Telfair White Wilson Young
On the passage of the Bill, the ayes were 77, nays 48.
The Bill, having failed to receive the requisite constitutional majority, was lost.
Mr. Bodenhamer of Tift gave notice that at the proper t'me he would move that the House reconsider its action in failing to pass HB 57.
Mr. Truelove of White requested that the Journal show him as having voted "aye" on HB 57.
HB 641. By Messrs. Cheatham, Eyler and Brennan of Chatham:
A Bill to be entitled an Act to amend an Act authorizing the governing authorities of the several municipalities and counties of this State to establish planning commissions; 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:
WEDNESDAY, FEBRUARY 12, 1958
727
Those voting in the affirmative were Messrs.:
Adams Bagby Birdsong Black Blalock of Coweta Boggs Bolton Brackin Brennan Brooks of Oglethorpe Brooks of Fulton Broome Budd Busbee Caldwell A. Campbell of
Walker W. Campbell of
Walker Carlisle Carswell Coalson Cocke Craven Denmark Dorminy Duncan Echols Ellis Eyler Fellows Fordham Fowler of Treutlen Frazier Fuqua Greene of Bartow Griffith Grimsley Gross of Stephens Gross of Dade
Gunter
Hall of Lee Hardaway Harper Harrison Hawkins Hill Hodges of Ware Hogan Holley Holloway Hurst Ingle Irvin Johnson Jones of Wayne Jones of Lumpkin Jones of Laurens Jones of Sumter Jones of Crawford Kelley Kennedy Key Kidd Killian Lam Lancaster Land Lanier Larkins Long Lott Mackay Mann Martin Miles Miller of Twiggs Moorman Moss Murr
Musgrove McClelland McKenna McWhorter Neese Newton Nichols Odom Parker of Ware Parker of Appling Payton Perry Pickard Ramsey Reed Roberts Rodgers of Charlton Rogers of Heard Rutland Scoggin Short Smith of Emanuel Smith of Lamar Smith of Fulton Smith of Bryan Souter Story Summers Tabb Tarpley Taylor Truelove Underwood Walker of Lowndes Walker of Telfair Wells White Wilson Yandle Young
Those voting in the negative were Messrs.: Cowart, Fowler of Douglas.
On the passage of the Bill, the ayes were 118, nays 2.
The Bill, having received the requisite constitutional majority, was passed.
HR 268-687a. By Messrs. Cheatham of Chatham, Barber of Jackson, Duncan of Carroll, Scoggin and Hall of Floyd:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize certain political subdivisions of the State to establish colleges; and for other purposes.
728
JOURNAL OF THE HOUSE,
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1
Article VIII of the Constitution is amended by inserting following Section 4 thereof a new section which shall be known as Section 4 (A), and which shall read as follows:
"Section 4 (A). Every city, county, county school system, inde pendent school system, school system established prior to the adoption of the Constitution of 1877 and any other political subdivision of the State created for college purposes and possessing the power to levy or to recommend the levy of a tax is hereby empowered with authority to establish a college or colleges under the terms of appropriate legis lation of a general nature. The General Assembly may authorize by local legislation the establishment of a college or colleges by any of the political subdivisions of this State enumerated above in combi nation with one or more other such political subdivisions. Any such legislation shall also contain the governmental organization of the combined political subdivisions and an authorization to levy a tax for college purposes over the entire area contained in such combination of political subdivisions."
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, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
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 au thorize certain political subdivisions of the State to establish colleges.
"Against ratification of amendment to the Constitution so as au thorize certain political subdivisions of the State to establish colleges."
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 following amendment was read and adopted:
Mr. Cheatham of Chatham proposed to amend HR 268-687a as follows:
By striking from the proposed Section 4 (A) of Article VIII of
WEDNESDAY, FEBRUARY 12, 1958
729
the Constitution the words, "under the terms of appropriate legislation of a general nature."
By adding at the end of the proposed Section 4(a) of Article VIII of the Constitution the words, "Any college or colleges established by virtue of the authority contained in this Section of the Constitution shall be established under the terms of appropriate legislation of a general nature which shall contain a provision that the location, estab lishment and plan of operation of such college or colleges shall be approved by the Board of Regents of the University System prior to the establishment of such college or colleges."
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 roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Alien Bagby Ballard Barber Barrett Birdsong Black Bodenhamer
Brackin Brennan Brooks of Oglethorpe Brooks of Pulton Broome Burkhalter Busbee Cagle Caldwell A. Campbell of
Walker W. Campbell of
Walker Carlisle Carswell Carter Cheatham Cheek Coalson Cocke Craven Denmark Duncan
Echols Elder Ellis Eyler Fellows Floyd Fordham Fowler of Douglas Frazier Fuqua Gowen Green of Rabun Greene of Bartow Griffith Grimsley Gross of Stephens Gunter Hall of Floyd Hall of Lee Harper Harrison Hawkins Henderson Hill Hodges of Ware Hogan Holcombe Holley Holloway Hurst Ingle Irvin
Johnson Jones of Wayne Jones of Worth Jones of Lumpkin Jones of Laurens Jones of Crawford Kelley Kennedy Kidd Killian Lam Lanier Larkins Lee Lokey Long Lott Love Mackay Mann Martin Matthews Miles Miller of Twiggs Miller of Elbert Mobley Moorman Morris Moss Murphy Murr Musgrove
730
JOURNAL OF THE HOUSE,
McClelland McKenna Neese Newton Nichols Odom Orr Palmer Parker of Pike Parker of Ware Payton Pelham Perkins Phillips of Walton Pickard Pickett
Raulerson Reed Roberts Rodgers of Charlton Rowland Scoggin Short Smith of Forsyth Smith of Emanuel Smith of Lamar Smith of Bryan Souter Stephens Story Tabb Tamplin
Tarpley Taylor Truelove Twitty Walker of TelfahWatson Wells White Willingham Wilson Wright Wright of Floyd Yandle Young
On the adoption of the Resolution, as amended, the ayes were 141, nays 0.
The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted, as amended.
HB 844. By Messrs. Reed, and Willingham of Cobb, Bagby of Paulding, W. Campbell of Walker, Nilan of Muscogee and Overby of Hall:
A Bill to be entitled an Act to provide for the State Tort Claims Act; and for other purposes.
The following amendment was read and adopted:
The Judiciary Committee moves to amend HB 844 by inserting in the title before the words "to repeal conflicting laws" the words "to provide for the payment of judgments hereunder and the procedure connected therewith", and by inserting a new section to be numbered "Section 4-A" to read:
"Section 4-A. A certified copy of the final judgment in any such action shall be sufficient authority for the State Agency to pay the amount of the judgment from the funds appropriated to the State Agency, or in the event the appropriated funds to such State Agency are insufficient, a certified copy of the final judgment shall be sufficient authority for the budget bureau to pay the amount of the judgment from the unappropriated funds of the State."
And the Committee further moves to amend HB 844 by striking from the fourth line of Section 3 the words "sitting without a jury."
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 call was ordered and the vote was as follows:
WEDNESDAY, FEBRUARY 12, 1958
731
Those voting in the affirmative were Messrs.:
Alien Bagby Ballard Barber Birdsong Black Blalock of Coweta Blalock of Clayton Boggs Bolton Bradley Brennan Brooks of Oglethorpe Brooks of Fulton Broome Budd Burkhalter Busbee Cagle A. Campbell of
Walker W. Campbell of
Walker Carlisle Carswell Carter Chastain Coalson Crummey Echols Ellis Floyd Fowler of Douglas Frazier Fuqua Gowen Greene of Bartow Griffith Gross of Stephens Gunter Hall of Floyd
Hall of Lee
Harper Hawking Helms Hodges of Ware Hodges of Butts Hogan Holcombe Holley Holloway Ingle Johnson Jones of Wayne Jones of Laurens Jones of Crawford Kelley Kennedy Kidd Killian Lam Lancaster Lee Lokey Long Lott Love Mackay Martin Matthews Miles Miller of Twiggs Miller of Elbert Mobley Moorman Morris Moss Murphy Murr Musgrove McClelland McCracken
McKenna Newton Nichols Orr Overby Palmer Parker of Ware Parker of Appling Payton Pelham Perkins Phillips of Walton Pickett Ramsey Reed Rowland Rutland Scoggin Sheffield Smith of Emanuel Smith of Whitfield Smith of Bryan Souter Stephens
Story Tabb Tamplin Tarpley Taylor Twitty Veal Walker of Lowndes Walker of Telfair Watson Wells Willingham Wilson Winkle Wright of Floyd Yandle
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.
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 respectfully asks that a Committee of Conference be appointed:
732
JOURNAL OP THE HOUSE,
HB 505. By Messrs. A. Campbell and William Campbell of Walker:
A Bill to be entitled an Act to amend the Charter of the City of Rossville; to provide for an increase in tax rates; and for other pur poses.
The President has appointed as a Committee of Conference on the part of the Senate: Senators Coker of the 44th, Gillis of the 16th and Cook of the 42nd.
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 to wit:
HB 667. By Messrs. Moate of Hancock, Freeman of Monroe and others:
A Bill to be known as an Act to amend an Act known as the "State wide Probation Act"; and for other purposes.
Under the regular order of business, the following Resolution of the House was again taken up for consideration and read:
HR 333-787b. By Mr. McClelland of Fulton:
A Resolution declaring certain property of the State surplus, and authorizing the Governor to sell such property; and for other purposes.
The following amendment was read and adopted:
Mr. McClelland of Fulton moves to Amend HR 333-787b as follows:
By striking the words "the Governor" and inserting in lieu thereof the words "the State Properties Commission" and changing the word "he" in the last line to "the".
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 roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Bagby Birdsong Black Blalock of Coweta
Blalock of Clayton Bodenhamer Bolton Brennan Brooks of Fulton
Broome Budd Burkhalter Busbee Cagle
WEDNESDAY, FEBRUARY 12, 1958
733
A. Campbell of Walker
W. Campbell of Walker
Carlisle Carswell Carter Chastain Coalson Echols Ellis Eyler Floyd Fowler of Douglas Frazier Fuqua Gowen Greene of Bartow Griffith Gross of Stephens Hall of Lee Harper Harrison Hawkins Helms Henderson Hodges of Ware Hodges of Butts Hogan Holcombe Holley Holloway Ingle Johnson Jones of Wayne Jones of Lumpkin Jones of Baker
Jones of Laurens Kelley Kennedy Kidd Killian Lam Lancaster Land Lee Lokey Long Lott Love Mackay Mann Martin Matthews Miles Miller of Twiggs Miller of Elbert Mobley Moorman Morris Moss Murphy Musgrove McClelland McCracken McKenna McWhorter Neese Newton Nichols Orr Palmer Parker of Pike Parker of Ware
Payton Pelham Perkins Peters Phillips of Columbia Pickett Ramsey Raulerson Ray Reed Rodgers of Charlton Ross Rowland Scoggin Sheffield Smith of Emanuel Smith of Lamar Smith of Fulton Smith of Bryan Souter Story Tabb Tamplin Tarpley Truelove Twitty Underwood Walker of Lowndes Walker of Telfair Watson Weems Wells White Willingham Wilson Yandle Young
On the adoption of the Resolution, as amended, the ayes were 124, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, as amended.
HB 840. By Mr. Ray of Warren: A Bill to be entitled an Act to amend an Act known as the Georgia Economic Poisons Act; and for other purposes.
The following substitute was read an adopted:
By: Mr. Ray of Warren AN ACT
Known as the "Georgia Economic Poisons Act", approved Feb ruary 17, 1950 (Ga. Laws 1950, p. 390), so as to authorize the Com-
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JOURNAL OF THE HOUSE,
missioner of Agriculture to require research data in the registration of an economic poison; to provide that a copy of an analysis of any economic poison made by the State Chemist shall be admissible in evidence in any court of this State in any issue involving the content or merits of said poison when sworn to by the State Chemist; to pro vide for injunction to restrain and enjoin violations of said Act; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1
An Act known as the "Georgia Economic Poisons Act", approved February 17, 1950 (Ga. Laws 1950, p. 390), is hereby amended by adding a new section to be numbered "Section 4-A", to read:
"Section 4-A. Any other provisions of this Act to the con trary notwithstanding, the Commissioner of Agriculture is author ized to require the submission of research data and a report of all tests made and the results thereof upon which any claim is made in connection with the registration of an economic poison under the provisions of this Act."
SECTION 2
Said Act is further amended by adding a new section to be num bered "Section 6-A", to read:
"Section 6-A. A copy of an analysis of any economic poison made by the State Chemist shall be admissible in evidence in any court of this State in any issue involving the content or merits of said poison when sworn to by the State Chemist."
SECTION 3
Said Act is further amended by inserting a new section to be num bered "Section 10-A", to read:
"Section 10-A. In addition to the remedies provided herein and notwithstanding the existence of any adequate remedy at law, the Commissioner of Agriculture is hereby authorized to apply to the Superior Court and such Court shall have jurisdiction upon hearing and for the cause shown to grant a temporary or per manent injunction or restraining order restraining or enjoining any person from violating or continuing to violate any of the pro visions of this Act or for the failure or refusal to comply with the provisions of this Act or any rule or regulation promulgated hereunder. Such injunction shall be issued without bond, and such action may be maintained notwithstanding the pendency of any criminal prosecution for the violation of the provisions of this Act."
SECTION 4
All laws and parts of laws in conflict with this Act are hereby repealed.
The previous question was ordered.
The main question was ordered.
WEDNESDAY, FEBRUARY 12, 1958
735
The report of the committee which was favorable to the passage of the Bill, was agreed to, by substitute.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Ballard Barber Barrett Birdsong Black Blalock of Coweta Bodenhamer Boggs Bolton Brackin Bradley Brennan Brooks of Oglethorpe Broome Budd Burkhalter Busbee Cagle Caldwell Carlisle Carswell Chastain Cheatham Cheek Cocke Cowart Craven Crummey Denmark Duncan Echols Elder Ellis Eyler Floyd Fowler of Douglas Frazier Fuqua Gowen Greene of Bartow Griffith Grimsley Gross of Stephens Gunter Hall of Floyd Hall of Lee Hardaway Harper
Harrison Hawkins Helms Henderson Hendrix Hill Hodges of Ware Hodges of Butts Hogan Holley Holloway Hurst Ingle Johnson Jones of Wayne Jones of Worth Jones of Lumpkin Jones of Baker Jones of Laurens Jones of Crawford Kelley Kennedy Key Kidd Killian Kimmons Lam Lancaster Land Lee Lokey Long Lott Love Mackay Mann Martin Matthews Miles Miller of Twiggs Miller of Elbert Moorman Morris Moss Murphy Musgrove McClelland McCracken McWhorter
Neese Newton Nichols Orr Overby Palmer Parker of Pike Parker of Ware Parker of Appling Payton Pelham Perry Phillips of Columbia Pickard Pickett Ramsey Raulerson Ray Rodgers of Charlton
Ross Rowland Scoggin Sheffield Smith of Emanuel Smith of Lamar Souter Stephens Story Summers Tabb Tamplin Tarpley Taylor Truelove Twitty Underwood Walker of Lowndes Walker of Telfair Weems Wells White Willis Wilson Wooten Wright of Floyd Yandle Young
736
JOURNAL OP THE HOUSE,
On the passage of the Bill, by substitute, the ayes were 145, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
HB 894. By Messrs. Rowland of Johnson and Jones of Laurens:
A Bill to be entitled an Act to amend the Code, relating to the defini tion of "Employer" and "Employee" for the purposes of Workmen's Compensation; 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.:
Adams Bagby Ballard Barber Barrett Birdsong Blalock of Coweta Blalock of Clayton Bodenhamer Boggs Bolton Brackin Bradley Brennan Brooks of Oglethorpe Brooks of Fulton Burkhalter Busbee Cagle Caldwell Carlisle Carswell Carter Chastain. Cheatham Cheek Coalson Cocke Cowart Craven Duncan Echols
Elder Ellis Eyler Floyd Fowler of Douglas Frazier Gowen Green of Rabun Grimsley Gross of Stephens Gunter Hall of Lee Hardaway Harper Harrison Helms Henderson Hill Hodges of Ware Hoodges of Butts Hogan Holcombe Holley Holloway Ingle Irvin Johnson Jones of Wayne Jones of Lumpkin Jones of Baker Jones of Crawford Kelley
Kennedy Key Kidd Killian Kimmons Lam Lancaster Land Lee Lokey Long Lott Love Mackay Mann Martin Matthews Miller of Twiggs Moorman Morris Moss Murphy Musgrove McClelland McWhorter Neese Newton Nichols Odom Orr Palmer Parker of Appling
WEDNESDAY, FEBRUARY 12, 1958
737
Payton Perkins Peters Phillips of Walton Ramsey Raulerson Ray Reed Rodgers of Charlton Rowland Russell Scoggin
Smith of Lamar Smith of Fulton Smith of Whitfield Smith of Bryan Souter Stephens Story Summers Tabb Tamplin Tarpley Taylor
Walker of Lowndes Walker of Telfair Watson Weems Wells Willis Wilson Winkle Wooten Yandle Young
Voting in the negative was Mr. Griffith.
On the passage of the Bill, the ayes were 132, nays 1.
The Bill, having received the requisite constitutional majority, was passed.
HB 897. By Messrs. Matthews of Clarke, Murphy of Haralson, Freeman of Monroe, Roughton of Washington and Musgrove of Clinch: A Bill to be entitled an Act to authorize the construction of juvenile detention homes in certain areas; and for other purposes.
The following amendments were read and adopted:
Mr. Gowen of Glynn moves to amend HB 897 by striking from the caption thereof the words "to authorize, permit and direct the assign ment of trustworthy prisoners for household and maintenance duties in said homes and on the premises"; to strike Section 10 in its entirety and to renumber the succeeding sections accordingly.
And to add a new section to be inserted just prior to the repealing section and to be numbered accordingly and to be as follows:
"No juvenile shall be placed in any such detention home without an order of the Juvenile Court having jurisdiction of such juvenile and it shall be entirely discretionary with the Juvenile Court Judge whether any juvenile is held in any of the detention homes."
Messrs. Moate of Hancock, Hawkins of Screven, and Matthews of Clarke, move to amend HB 897 as follows:
By adding to Section 9 thereof in the space after the "dollar" mark the figures $50,000, so that said section as amended shall read as follows:
"Section 9. There is hereby created the office of State Deten tion Homes Fiscal Officer. Said officer shall be paid a salary of not less than $300 nor more than $600 per month, plus travel expenses in the manner of other State employees. He shall be at least 25 years of age and have at least five years experience as an accountant. He shall meet the minimum qualifications set by the State Merit System for an officer within the above-mentioned pay scale. It shall be his duty to audit at least once monthly
738
JOURNAL OF THE HOUSE,
the records and books of each juvenile detention home operated by the State Board of Probation and maintain central files at the State Capitol of all vouchers, books, receipts and expenditures and other items in connection with a proper bookkeeping record and accounting of the operation of each detention home, as well as the expenditures incurred from the State office. He shall pre pare all budgets for submission to the State Board of Probation, prepare payrolls and payroll checks, and keep an accounting of all vouchers and expenditures pertaining to the operation of the State Board of Probation. He shall make bond in the amount of not less than $50,000, the cost of said bond to be paid by the State Board of Probation."
An amendment offered by Messrs. Reed and Willingham of Cobb 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, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Alien Bagby Ballard Barber Baughman Birdsong Black Blalock of Coweta Blalock of Clayton Boggs Brackin Bradley Brennan Brooks of Oglethorpe Brooks of Fulton Broome Budd Burkhalter Busbee Cagle Caldwell Callier A. Campbell of
Walker W. Campbell of
Walker
Carlisle Cheek Coalson Cocke Craven Crummey Denmark Dorminy Duncan Echols Elder Ellis Eyler Fellows Floyd Fordham Fowler of Douglas Fowler of Treutlen Frazier Freeman Fuqua Gowen Green of Rabun Grimsley Gross of Stephens Gross of Dade Hall of Floyd
Hall of Lee Hardaway Harper Harrison Hawkins Helms Henderson Hill Hodges of Ware Hodges of Butts Hogan Holcombe Holley Holloway Ingle Irvin Johnson Jones of Wayne Jones of Lumpkin Jones of Laurens Jones of Sumter Jones of Crawford Kelley Kennedy Killian Kimmons Lam
WEDNESDAY, FEBRUARY 12, 1958
739
Lancaster Land Lanier Larkins Lee Lindsey Lott Love Mackay Mann Martin Matthews Miles Miller of Twiggs Mobley Moorman Morris Moss Murphy Murr Musgrove McClelland McWhorter
Newton Nichols Orr Overby Palmer Parker of Ware Parker of Appling Payton Peters Phillips of Walton Pickett Ramsey Raulerson Ray Reed Roberts Rogers of Heard Ross Rutland Scoggin Smith of Emanuel Smith of Lamar Smith of Whitfield
Souter Stephens Story Summers Tabb Tamplin Tarpley Taylor Truelove Twitty Underwood Veal Walker of Lowndes Walker of Telfair Watson Weems White Willingham Wilson Winkle Wooten Wright of Ployd Young
Those voting in the negative were Messrs.:
Chastain
Griffith
Kidd
On the passage of the Bill, as amended, the ayes were 147, nays 3.
The Bill, having received the requisite constitutional majority, was passed, as amended.
The following Resolution of the House was read the second time and adopted:
HR 436. By Messrs. Souter of Macon, Chastain of Thomas:
A Resolution to authorize the State Institutions and Property Com mittee of the House to inspect the W & A Railroad property; and for other purposes.
The following Resolution of the House was read and referred to the Com mittee on Judiciary:
HR 467. By Messrs. Gowen of Glynn and Twitty of Mitchell:
A Resolution declaration of Legislative intent with respect to inter pretation of Code Section 38-711; and for other purposes.
The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto:
HB 418. By Mr. Miller of Elbert:
A Bill to be entitled an Act to amend an Act creating a State High way Board; and for other purposes.
740
JOURNAL OF THE HOUSE,
The following Senate amendment was read:
The Senate committee on Highways moves to amend HB 418 as follows:
By striking from Section 1, the words "counties of Elbert, Franklin and Hart" wherever they appear, and inserting in lieu thereof the words "counties of Elbert, Franklin, Hart and Madison".
And by striking from Section 2, the word and figures "March 1, 1957", and inserting in lieu thereof, the word and figures "April 1, 1958."
Mr. Miller of Elbert moved that the House agree to the Senate amend ment to HB 418.
On the motion to agree, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.
Adams Bagby Ballard Barber Barrett Baughman Birdsong Black Blalock of Coweta Bradley Brennan Brooks of Oglethorpe Brooks of Fulton Broome Burkhalter Busbee Cagle Caldwell A. Campbell of
Walker W. Campbell of
Walker Carter Chastain Cheatham Coalson Cocke Co wart Craven Denmark Elder Eyler Floyd Flynt Fowler of Douglas Fowler of Treutlen
Frazier Freeman Green of Rabun Griffith Grimsley Gross of Stephens Gross of Dade Hall of Lee Hardaway Harper Harrison Henderson Hill Hodges of Ware Hogan Holcombe Holloway Ingle Irvin Johnson Jones of Wayne Jones of Lumpkin Jones of Laurens Jones of Sumter Jones of Crawford Kelley Key Kiflian Kimmons Lam Lancaster Larkins Lokey Lott Love Jlackay
Mann Martin Matthews Miller of Elbert Mobley Moorman Moss Murphy Murr Musgrove McClelland Newton Nichols Orr Parker of Pike Parker of Ware Payton Perkins Ramsey Raulerson Reed Rogers of Heard Rowland Smith of Forsyth Smith of Emanuel Smith of Lamar Smith of Fulton Smith of Whitfield Stephens Story Summers Tabb Tamplin Tarpley Taylor Twitty
WEDNESDAY, FEBRUARY 12, 1958
741
Underwood Veal Walker of Lowndes Walker of Telfair Watson
Wells White Willis Winkle Wooten
Wright of Dodge Yandle Young
On the motion to agree, the ayes were 119, nays 0.
The Senate amendment was agreed to.
HB 709. By Messrs. Moate of Hancock, Hawkins of Screven and others:
A Bill to be entitled an Act to amend an Act creating a Department of Public Safety; and for other purposes.
The following Senate amendment was read:
The Senate Rules Committee moves to amend HB 709 by striking Section 3 of said Bill on Page 3 thereof the figure $2,465.00" as the same appears opposite the words "45 Corporals" and inserting in lieu thereof the figure $2,565.00."
Mr. Bagby of Paulding moved that the House agree to the Senate amend ment to HB 709.
On the motion to agree, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Alien Bagby Ballard Barber Barrett Baughman Birdsong Boggs Bradley Brennan Brooks of Fulton Broome Budd Burkhalter Busbee Cagle Caldwell A. Campbell of
Walker W. Campbell of
Walker Chastain Cheatham Coalson Cocke
Cowr art Craven Denmark Dorminy Echols Elder Eyler Fellows Floyd Fowler of Douglas Fowler of Treutlen Frazier Gowen Green of Rabun Griffith Grimsley Gross of Stephens Gross of Bade Hall of Lee Hardaway Harper Harrison Hawkins Henderson Hill
Hodges of Ware Hogan Holloway Ingle Irvin Johnson Jones of Wayne Jones of Worth Jones of Lumpkin Jones of Laurens Jones of Sumter Jones of Crawford Kelley Kennedy Key Killian Kimmons Lancaster Land Larkins Lott Love Mackay Mann Martin
742
JOURNAL OP THE HOUSE,
Matthews
Mobley
Moorman
Moss
Murphy
McClelland
McKenna
Neese
Newton
Nichols
Orr
Parker of Pike
Parker of Ware
Payton
t
Perkins
Phillips of Columbia
Phillips of Walton
Pickett Ramsey Raulerson Ray Roberts Rogers of Heard Rowland Rutland Smith of Forsyth Smith of Emanuel Smith of Lamar Smith of Fulton Souter Stephens Story Summers Tabb
Tamplin Tarpley Taylor Twitty Veal Walker of Lowndes Walker of Telfair Watson Weems Wells White Willingham Willis Yandle Young
On the motion to agree, the ayes were 122, nays 0.
The Senate amendment was agreed to.
Under the order of business established by the Committee on Rules, the following Bill of the House was taken up for consideration and read the third time:
HB 661. By Mr. Holcombe of Cobb:
A Bill to be entitled an Act to amend the Code, pertaining to the transaction of business with the Ordinary of certain counties; and for other purposes.
The following amendment was read and adopted:
Mr. Payton of Coweta moves to amend Section 1 by striking the word "Saturday" therefrom and inserting in lieu therefor, the words "not more than one day in each week, Sundays excluded."
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 roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Bagby Ballard Barber Baughman
Black Blalock of Coweta Blalock of Clayton Boggs
Brackin Bradley -.., Brooks of -Oglethorpe Brooks of Fulton
WEDNESDAY, FEBRUARY 12, 1958
743
Broorne Budd Burkhalier Busbee Cagle Caldwell A. Campbell of
Walker W. Campbell of
Walker Carter Chastain Cheatham Cheek Coalson Cocke Cowart Craven Duncan Echols Elder Eyler Floyd Flynt Fowler of Douglas
Fuqua Gowen Green of Rabun Greene of Bartow Griffith Grirnsley Gross of Stephens Gross of Dade Hall of Lee Hardaway Harper Harrison Hawkins
Henderson Hodges of Ware Hogan Holcombe Holley Holloway Hurst Ingle Jessup Jones of Lumpkin Jones of Laurens Jones of Crawford Kelley Kidd Killian Lancaster Larkins Lee Lindsey Lokey Long Lott Love Mackay Mann Martin Matthews Miller of Elbert Moorman Murphy Musgrove McClelland McGibony Neese Newton Nichols
Parker of Appling Payton
Perkins Peters Phillips of Columbia Phillips of Walton Pickett Ramsey Raulerson Reed Rodgers of Charlton Rogers of Heard Ross Rowland Rutland Sheffield Smith of Forsyth Smith of Emanuel Smith of Fulton Smith of Whitfield Smith of Bryan Souter Tabb Tamplin Tarpley Taylor Truelove Twitly Walker of Lowndes Walker of Telfair Watson Weems Wells Willingham Willis Wilson Winkle Wooten Yandle Young
Those voting in the negative were Messrs.:
Adams Alien
Barrett Birdsong Crummey Ellis Fellows Fowler of Treutlen
Frazier Helms
Hill Irvin Jones of Worth Jones of Wayne Jones of Sumter Kimmons Lanier Moss Murr Orr
Parker of Pike Parker of Ware Ray Roberts Short Smith of Lamar Story Underwood Veal
On the passage of the Bill, as amended, the ayes were 124, nays 29.
The Bill, having received the requisite constitutional majority, was passed, as amended.
744
JOURNAL OP THE HOUSE,
The following Resolutions of ihe House were read and adopted:
HR 468. By Messrs. Mackay, McWhorter and Rutland of DeKalb:
A PRIVILEGED RESOLUTION
WHEREAS, an important new publishing venture has been launched in Georgia in the form of the Georgia Magazine, and
WHEREAS, the Georgia Magazine has demonstrated in its first issues high standards of journalism and has brought credit to our State, and
WHEREAS, the publishers have dedicated their magazine as a magazine in which Georgians tell the Georgia story, and
WHEREAS, Georgia has a great story to tell and this magazine is doing an impressive job of telling that story,
NOW, THEREFORE, BE IT RESOLVED, that the House of Representatives commend the Georgia Magazine and Mrs. Ann E. Lewis, its editor and publisher, for the excellent beginning which has been made and extend its best wishes for the continued success of the Georgia Magazine.
HR 469. By Messrs. Ray of Warren, Smith of Emanuel, Twitty of Mitchell and man yothers:
A RESOLUTION
To arrange to have a portrait of Herman E. Talmadge for the purpose of being- hung in the Capitol in honor of this great Georgian; and for other purposes.
WHEREAS, HERMAN E. TALMADGE, from November 17, 1948 until January 10, 1955, served the people of Georgia as Governor and as such distinguished himself as a faithful servant, an uncompromising patriot, and a forceful champion; and
WHEREAS, during his administration common school education was greatly improved; from over-crowded, ill-heated, poorly-lighted classrooms, from rattle-trap school buses and underpaid school teachers, the children of the common school system in this six-year span were moved into new and modern plants, were carried in new school buses, manned by safe, adult drivers, and were taught by teachers whose payscales were more than doubled; at the same time separate, but equal, facilities and opportunities were afforded to all Georgia children of school age, both of the white and colored races; and
WHEREAS, during this same period the administration of Herman E. Talmadge launched an unprecedented program to improve the gen eral health of the people of Georgia, its most precious resource, by the expanding of State facilities and coordination with the Hill-Burton plan of hospital and health center construction; and
WHEREAS, good roads were recognized by his administration as a necessity to the State's economic development; to evidence this approximately 14,000 miles of highway and post-road construction was provided for; and
WEDNESDAY, FEBRUARY 12, 1958
745
WHEREAS, Herman E. Talmadge recognized that one of Georgia's greatest assets was its forest acreage, and during this administration the Georgia forestry program, which ranked 46 in the nation, rose to a rank of first, with a program of forest protection existing in all but a few counties in the State; seedling production was encouraged and nursery facilities, sponsored by the State, were increased; this program brought about an industrial expansion in forest products industries which has enriched the State annually by millions of dollars; and
WHEREAS, Herman E. Talmadge, himself a farmer, during his administration fostered an expanded system of marketing for Georgia's farmers and sponsored an increase in agricultural research, soil con servation practices, and the control of livestock diseases; he was a strong advocate of an expanded extension service and contributed great ly to the development of the State 4-H Club Center at Rock Eagle Lake; and
WHEREAS, in the field of public safety his great concern was to reduce the number of deaths on our highways through safety education and a more intensified enforcement program through the Georgia State Patrol; and
WHEREAS, he strongly advocated a program for a balanced econ omy in Georgia by providing a healthy climate in which industry and labor could function to the best interest of both; and
WHEREAS, he believed in, and supported, an administration oper ated on a business-like basis of pay-as-you-go, where rigid economy and careful and efficient administration kept the State within its budget and built up adequate reserves to maintain a sound fiscal policy; and
WHEREAS, as a colorful personality, a forceful speaker, and ardent advocate he championed, both at home and abroad, the sovereignity of the States and insisted that constitutional government be main tained; and
WHEREAS, Herman E. Talmadge, presently the junior United States Senator from Georgia, continues to advocate constitutional gov ernment as the last bulwark of freedom, continues to advocate that the farm is the source of America's strength, and continues to insist on the same fundamentals of government which he practiced as Governor of this State;
NOW, THEREFORE, BE IT RESOLVED by the House of repre sentatives, with the Senate concurring, that there be, and hereby is, created a committee which shall be composed of 5 members, as follows: 2 members from the Senate, to be appointed by the President of the Senate, and 3 members from the House of Representatives, to be appointed by the Speaker of the House of Representatives, to arrange to have a portrait made of Herman E. Talmadge, suitable and for the purpose of being hung in the Capitol in honor of this great Georgian; that when said painting is finished, said committee, with the advice of the Governor, Secretary of State, and Chairman of the Historical Commission, shall provide for a suitable time, place and ceremony for the presentation of said portrait to the people of Georgia. The Budget Bureau is hereby authorized and directed to provide the necessary funds for the purposes of this Resolution.
746
JOURNAL OF THE HOUSE,
Under the order of business established by the Committee on Rules, the following Resolution of the House was again taken up for consideration:
HR 347-827e. By Mr. Jones of Lumpkin:
A Resolution authorizing the Governor to provide funds for school purposes in hardship cases in Lumpkin 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 Ballard Barber Barrett Baughman Birdsong Black Blalock of Clayton
Boggs Brackin Bradley Brooks of Oglethorpe Brooks of Pulton
Broome Budd Busbee Cagle Caldwell A. Campbell of
Walker W. Campbell of
Walker Chastain Cheatham Cheek Coalson Cocke Cowart Craven Dorminy Echols Elder Ellis Floyd
Fowler of Douglas Frazier Green of Rabun Gross of Stephens Gunter Hall of Floyd Hall of Lee Harper Harrison Hawkins Helms Henderson Hill Hodges of Butts Hogan Holcombe Holley Holloway Hurst Ingle Irvin Johnson Jones of Wayne Jones of Worth Jones of Lumpkin Jones of Laurens Jones of Sumter Jones of Crawford Kelley Kennedy Killian Lam Lancaster Land Lanier
Lee Lindsey Lokey Love Mann Martin Matthews Miller of Elbert Mobley Moss Murphy Murr Musgrove McClelland McCracken McKenna McWhorter Neese Nichols Odom Orr Overby Palmer Parker of Pike Parker of Appling Phillips of Columbia Phillips of Walton Pickard Pickett Ramsey Ray Reed Rodgers of Charlton Rogers of Heard Ross
WEDNESDAY, FEBRUARY 12, 1958
747
Rowland Rutland Scoggin Sheffield Sivell Smith of Forsyth Smith of Emanuel Smith of Lamar Smith of Fulton Smith of Whitfield Souter Stephens
Story Tabb Tamplin Tarpley Taylor Truelove Twitty Underwood Veal Walker of Telfair Watson Wells
White Willingham Willis Wilson Winkle Wooten W'right of Floyd Wright of Dodge Yandle Young
Those voting in the negative were Messrs.:
Fellows Fowler of Treutlen Fuqua
Griffith Hodges of Ware Larkins
Moorman Parker of Ware Roberts
On the adoption of the Resolution, the ayes were 137, nays 9.
The Resolution, having received the requisite constitutional majority, was adopted.
Under the order of business established by the Committee on Rules, the following Bills and Resolution of the House were taken up for consideration and read the third time:
HB 836. By Mr. Budd of Lowndes:
A Bill to be entitled an Act to provide for a State Board of Registration of Used Car Dealers; and for other purposes.
The following substitute was read:
AN ACT
To provide for a State Board of Registration of Used Car Dealers; to provide for the membership of said Board and appointments thereto; to provide that the Joint-Secretary of the State Examining Boards shall be Secretary of the Board and to provide for his powers and duties; to provide for the qualifications of members of said Board and their compensation; to provide for meetings of the Board and the powers and duties of the Board; to provide for licenses of used car dealers and qualifications therefor; to provide for expiration of licenses and renewel thereof; to provide for supplemental licenses; to provide for the fees for licenses; to provide for the contents of licenses; to provide for the display of licenses; to provide for the suspension and revocation of a license, the grounds therefor and the procedure in connection therewith; to provide that no used car dealer not licensed under the provisions of this Act shall be entitled to receive or use any dealer's registration plates; to provide a penalty for violations of this Act; to provide that this Act shall not limit local licensing and regu lating of used car dealers; to provide to which counties this act shall be applicable; to provide an effective date; to provide a short title for this Act; to define the terms used in this Act; to repeal conflicting laws; and for other purposes.
748
JOURNAL OF THE HOUSE,
BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEORGIA:
SECTION 1
This Act shall be known as the "Used Car Dealers Registration Act".
SECTION 2
As used in this Act, the following terms shall have the following meanings unless a contrary meaning is clearly indicated by the context thereof:
(a) "motor vehicle" or "car" means any motor propelled vehicle, required to be registered under the laws of this State.
(b) "Used motor vehicle" or "used car" means any motor vehicle or car other than a motor vehicle which has never been the subject of a retail sale by a new motor vehicle dealer or a used motor vehicle dealer to a consumer for his own use or for resale.
(c) "Used car dealer" means any person, firm, association, or corporation engaged in the business of buying, selling, insuring, fi nancing, soliciting, or advertising the sale of used motor vehicles; but shall not include anyone who holds a franchise from a manufacturer of motor vehicles, or is a direct dealer of a manufacturer, even though such franchised motor vehicle dealer shall buy, sell and otherwise deal in used motor vehicles, as well as new ones.
The term "used motor vehicle dealer" does not include:
(1) Franchised motor vehicle dealer as above defined, or is a direct dealer of a manufacturer.
(2) Receivers, trustees, administrators, executors, guardians or other persons appointed by or acting under the judgment or order of any court; or
(3) Public officers while performing their official duties; or
(4) Persons disposing of motor vehicles acquired for their own use and actually so used, when the same shall have been acquired and used in good faith and not for the purpose of avoiding the provisions of this article; or
(5) Finance companies who shall sell repossessed motor vehicles.
(6) Insurance companies who sell motor vehicles to which they have taken title as an incident of payments made under policies of insurance.
(7) Persons, firms or corporations engaged in the business of renting or leasing motor vehicles.
(d) "Established place of business" means a salesroom or sales office in a permanent building or on an open lot at which a permanent business of bartering, trading and selling of used motor vehicles will be carried on as such in good faith and at which place of business shall be kept and maintained the books, records and files necessary to con duct the business at such place, devoted entirely to the business of a used motor vehicle dealer, as herein defined.
WEDNESDAY, FEBRUARY 12, 1958
749
(e) "Board" means the State Board of Registration of Used Car Dealers.
(f) "Person" means any individual, co-partnership, firm, asso ciation, corporation or combination of individuals of whatever form or character.
SECTION 3
It shall be unlawful for any used car dealer to do business in this State without first registering and obtaining a license from the State Board of Registration of Used Car Dealers as hereinafter provided.
SECTION 4
There is hereby created a State Board of Registration of Used Car Dealers, which shall be composed of five (5) members appointed by the Governor for terms of five (5) years. Said terms are to be staggered so that one new member of the Committee will be appointed each year. All members shall be residents of the State of Georgia. Four of such members shall be used car dealers and one shall not be a used car dealer. Any vacancy on the Board shall be filled by appoint ment by the Governor for the remainder of the unexpired term. One of the members of the Board shall be elected Chairman annually for a term of one (1) year.
SECTION 5
The Joint-Secretary of the State Examining Boards shall be the Secretary of the Board. He shall issue licenses and certificates and perform such other duties as the Board may direct to carry out the provisions of this Act.
SECTION 6
The Board shall meet as often as is necessary upon the call of the Chairman to perform the duties imposed upon it by the terms of this Act. The members of the Board shall be paid the sum of $20.00 per day for each day spent in actual attendance at meetings of the Board or while on official business, in addition to actual expenses incurred while on official business.
SECTION 7
The Board shall have the following powers and duties:
(a) To receive applications for registration of used ear dealers, and to license such dealers in the manner provided by law.
(b) To suspend or revoke dealers' licenses.
(c) To employ such personnel as may be necessary to investigate violations of this Act, and to otherwise perform the duties imposed upon it by this Act.
(d) To make such rules and regulations as may be necessary to effectuate the administration and enforcement of this Act, provided that no such rule or regulation shall become effective until thirty (30) days after it shall have been mailed to each used car dealer licensed by the Board.
(e) To do all other things necessary and proper to carry out the provisions of this Act.
750
JOURNAL OF THE HOUSE,
SECTION 8
(a) Applications for a license as a used car dealer shall be made to the Board and shall contain the information required by this Act, and shall be accompanied by the fee prescribed by law.
(b) Each application for a license shall show that the used car dealer maintains (1) An automobile dealers public liability and property damage insurance with liability limits of not less than $25,000.00 per person, $50,000.00 per accident, personal insurance liability coverage, and $5,000.00 property damage liability coverage, and (2) an established place of business as defined by this Act.
(c) All licenses shall expire on December 31 of the calendar year in which issued, but renewal of such license may be made from January 1 to January 31 following the date of expiration.
(d) Supplemental licenses shall be issued for each place of business operated or proposed to be operated by the licensee that is not con tiguous to other premises for which a license is issued.
SECTION 9
The license fee for each calendar year or portion thereof and for each renewal shall be $25.00 for each principal place of business, and $5.00 for each supplemental license for each car lot not immediately adjacent to the principal place of business.
SECTION 10
The licenses issued under the provisions of this Act shall specify the location of each place of business or branch or other location occupied or to be occupied by the licensee in conducting his business, and the license or supplemental license issued therefor shall be con spicuously displayed on each of such premises. In the event any such location is changed, the Board shall endorse the change of location on the license without charge.
SECTION 11
The Board may suspend or revoke a license for any one or more of the following causes:
(1) Material misstatement in an application for a license.
(2) Wilful and intentional failure to comply with any provisions of this Act or any lawful rule and regulation issued by the Board under the provisions of this Act.
(3) Failure to have an established place of business as defined by this Act.
(4) Failure to maintain the insurance policies required by Section 8 (b) of this Act.
SECTION 12
No license shall be suspended or revoked or renewal thereof re fused until a written notice of the complaint made has been furnished to the licensee against whom the same is directed, and a hearing thereof has been had before the Board. At least ten (10) days' written notice of the time and place of such hearing shall be given to the licensee
WEDNESDAY, FEBRUARY 12, 1958
751
by registered mail to his last known address as shown on his license or on record of information in possession of the Board. At such hear ing the licensee shall have the right to be heard personally or by counsel. After hearing, the Board shall have the power to suspend, revoke or refuse to renew the license in question. Immediate notice of any such action shall be given to the licensee in the manner herein provided in the case of notices of hearing.
SECTION 13
No used car dealer not licensed under the provisions of this Act shall be entitled to receive or use any dealer's registration plates for used motor vehicles under the provisions of the motor vehicles laws of the State providing for the issuance of such plates.
SECTION 14
Any person, firm or corporation who shall violate any of the pro visions of this Act shall be guilty of a misdemeanor and punished as provided by law. In addition to such criminal penalty, the Board may maintain an action to enjoin any violation, actual or threatened, of this Act notwithstanding the existence of an adequate remedy at law.
SECTION 15
Nothing in this Act shall prohibit any lawful regulation or li censing of used car dealers by any city, county or other political sub division of this State.
SECTION 16
The provisions of this Act shall be applicable only in counties which have a population of 30,000 or greater according to the 1950 United States census or any future census.
SECTION 17
This Act shall become effective April 1, 1958, and all persons required to be licensed hereunder must obtain a license by July 1, 1958.
SECTION 18
All laws and parts of laws in conflict with this Act are hereby repealed.
The following amendments were read and adopted:
Mr. Bagby of Paulding moves to amend the Substitute to HB 836 by adding after the word "only" in Line one of Section 16 the following language, "to used car dealers whose place of business is".
Mr. Budd of Lowndes moves to amend the Substitute to HB 836 by inserting after the first sentence in Section 4, the following:
"The original appointments shall be made as follows: one member for a term of five (5) years, one member for a term of four (4) years, one member for a term of three (3) years, one member for a term of two (2) years, and one member for a term of one (1) year and until their successors are appointed and qualified."
752
JOURNAL OP THE HOUSE,
and by striking from Section 4 the words: "Four of such members shall be used car dealers and one shall not be a used car dealer." and inserting in lieu thereof the following:
"A majority of such members shall be used car dealers and two members shall not be used car dealers."
and by striking from Section 6 the words: "in addition to actual ex penses incurred while on official business." and inserting in lieu thereof the following:
"and actual transportation expenses or mileage at the rate provided by law. Provided, however, that the per diem and other expenses of a member shall not exceed nine hundred ($900.00) dollars per annum."
An amendment offered by Mr. Parker of Ware was read and lost.
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, by substitute, was agreed to, as amended.
On the passage of the Bill, by substitute, as amended, the ayes were 118, nays 31.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.
Mr. Payton of Coweta requested that the Journal show him as having voted "aye" on HB 836.
By unanimous consent, the following Bill of the Senate was recommitted to the Committee on State of Republic for further study:
SB 52. By Senators Brown of the 52nd and Sammon of the 34th:
A Bill to be entitled an Act to amend an Act known as the Voters' Registration Act; and for other purposes.
Under the order of business, established by the Committee on Rules, the following Bill and Resolution of the House were taken up for consideration and read the third time:
HR 405-1005b. By Messrs. Moate of Hancock, Hawkins of Screven, Kidd and Griffith of Baldwin and others:
A Resolution to authorize the conveyance of certain land in Baldwin County; and for other purposes.
WEDNESDAY, FEBRUARY 12, 1958
753
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 135, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
HB 973. By Messrs. Musgrove of Clinch, Smith of Emanuel and Cloud of Decatur:
A Bill to be entitled an Act to repeal an Act to authorize the State or any county, municipality, corporation, or other political subdivision thereof to sell, lease, grant, or 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 public use; 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 135, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
The following Resolutions of the House were read and adopted:
HR 470. By Messrs. Moate of Hancock, Murr of Sumter and others:
A RESOLUTION
Protesting a proposed decrease in the strength of the National Guard; and for other purposes.
WHEREAS, the Department of Defense has made a proposal that the strength of the National Guard be drastically reduced, and
WHEREAS, the Department of Defense has as its objective the federalization of the National Guard and the strengthening of the Army reserve, and
WHEREAS, such a proposal is merely another in a long line of proposals to drastically curtail States' rights, and
WHEREAS, it is extremely detrimental not only to the State of Georgia, but to every state in the union for such a cut to be made in the personnel and strength of the National Guard,
754
JOURNAL OF THE HOUSE,
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that this body go on record as strongly protesting any proposal to decrease the strength of the National Guard, and requests and urges the members of the Georgia Congressional delegation to do all in its power to defeat and stop this proposal.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a copy of this Resolution to each member of the Georgia Congressional delegation.
HR 471. By Mr. Lokey of McDuffie:
A RESOLUTION
WHEREAS the Emory Chorale has been in so much demand throughout the Nation and the South, and referred to often as the Songbirds of the South, and
WHEREAS, it is possible to have this distinguished group perform before the House of Representatives on Tuesday, February 18, at 11:00 a.m.
NOW, THEREFORE BE IT RESOLVED by the House that a cor dial invitation from the House be made to the Emory Chorale and re quest their presence on that date.
Under the order of business, established by the Committee on Rules, the fol lowing Bills of the House were taken up for consideration and read the third time:
HB 823. By Mr. Caldwell of Upson:
A Bill to be entitled an Act to provide for the maintenance of standards of sanitation for food service establishments; and for other purposes.
The following amendment was read and adopted:
Mr. McKenna of Bibb moves to amend HB 823 to strike from Section 10 thereof the words "or is about to engage" whenever the same appears and to strike therefrom the words "or may create" wherever same appears in said Section.
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 roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Ballard Barber Barrett
Baughman Birdsong Blalock of Coweta
Blalock of Clayton Bodenhamer Brooks of Oglethorpe
WEDNESDAY, FEBRUARY 12, 1953
755
Brooks of Pulton Budd Burkhalter Caldwell Carlisle Carter Cloud Coalson Craven Dorminy Duncan Echols Fellows Fowler of Douglas Gowen Gross of Stephens Hall of Lee Hardaway Hawkins Hodges of Butts Hogan Ingle
Irvin Jessup Jones of Baker Jones of Laurens Jones of Sumter Kelley Kidd Lancaster Lanier Lee Love Martin Matthews Moorman Morris Murphy Murr McClelland McKenna Neese Newton Nichols
Parker of Ware Perry Pickett Ramsey Reed Rogers of Heard Sheffield Sivell Smith of Forsyth Smith of Lamar Smith of Whitfield
Souter Stephens Tamplin Taylor Twitty Walker of Lowndes Weems White Willis Wilson
Those voting in the negative were Messrs.:
Adams Alien Brackin Bradley Broome Busbee Cagle Chastain Cheek Denmark Elder Eyler
Flynt Fowler of Treutlen Greene of Bartow Harper Harrison Henderson Jones of Crawford Killian Lam Mann McWhorter Orr
Parker of Pike Roberts Ross Rutland Smith of Bryan Summers Tabb Todd Underwood Veal Willingham Winkle
The passage of the Bill, as amended, the ayes were 74, nays 37.
The Bill, having failed to receive the requisite constitutional majority, was lost.
Mr. Caldwell of Upson gave notice that at the proper time he would move that the House reconsider its action in failing to pass HB 823.
HB 805. By Mr. Fellows of Coffee:
A Bill to be entitled an Act to amend an Act known as the Georgia Military Forces Reorganization Act of 1955; and for other purposes.
The following Committee substitute was read and adopted: AN ACT
To amend an Act known as the Georgia Military Forces Reorgani-
756
JOURNAL OF THE HOUSE,
zation Act of 1955, approved February 2, 1955 (Ga. Laws 1955, p. 10), as amended, so as to change the qualifications of the Adjutant General, the Assistant Adjutant General for Army and the Assistant Adjutant General for Air; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1
An Act known as the Georgia Military Forces Reorganization Act of 1955, approved February 2, 1955 (Ga. Laws 1955, p. 10), as amended, is hereby amended by striking from Section 23, the words "field grade or the equivalent" and inserting in lieu thereof, the words "field grade or the equivalent" and inserting in lieu thereof, the words, "Lieutenant Colonel" so that when so amended Section 23 shall read as follows:
"There shall be an Adjutant General of the State who shall be appointed by the Governor for a term concurrent with the term of the Governor appointing him, and who shall serve as such at the pleasure of the Governor. The Adjutant General shall have the rank of a major general. No person shall be eligible to hold the office of Adjutant General unless he holds or has held a com mission of at least Lieutenant Colonel in the organized militia of the State, or in the armed forces of the United States, or in a reserve component thereof, and shall have served not less than five years in one or more of such services, and shall be not less than 30 nor more than 60 years of age at the time of his appointment. After appointment, the Adjutant General shall reside in Fulton County or a county adjacent thereto, in order that he may be avail able for emergency duties. The Adjutant General shall receive the pay and allowances of a brigadier general as now or hereafter provided by law for an officer of equivalent rank in the regular armed forces of the United States. The Governor shall require the Adjutant General to give bond to the State in the sum of $10,000.00 and with good and suffiicent security, to be approved by the Governor, faithfully to discharge the duties of his office."
SECTION 2
Said Act as amended, is further amended by striking from Section 25, the second sentence, as follows:
"The Assistant Adjutant General for Army shall be upon ap pointment a federally recognized officer of the army national guard of rank of colonel or above and the Assistant Adjutant General for air shall be upon appointment a federally recognized officer of the air national guard of the rank of colonel or above."
Insterting in lieu thereof, the following:
"The Assistant Adjutant General for Army shall be upon ap pointment a federally recognized officer of the army national guard of rank of Lieutenant Colonel or above and the Assistant Adjutant General for Air shall be upon appointment a federally recognized officer of the air national guard of the rank of Lieuten ant Colonel or above."
So that when so amended, Section 25 shall read as follows:
WEDNESDAY, FEBRUARY 12, 1958
757
"Section 25. Assistant Adjutants General; eligibility, appoint ment, compensation and tenure. The Governor shall appoint an Assistant Adjutant General for Army and an Assistant Adjutant General for Air, to assist the Adjutant General in the discharge and performance of his duties. The Assistant Adjutant General for Army shall be upon appointment a federally recognized officer of the army national guard of rank of Lieutenant Colonel or above and the Assistant Adjutant General for Air shall be upon appoint ment a federally recognized officer of the air national guard of the rank of Lieutenant Colonel or above. Each of the said Assistant Adjutants General shall have the rank of brigadier general. Each of said officers shall receive the pay and allowance of a lieutenant colonel as now or hereafter provided by law for an officer of equivalent rank in the regular armed forces of the United States. In the event of a vacancy in the office of the Adjutant General, the Assistant Adjutant Genral, senior in rank, shall perform the duties required of the Adjutant General in connection with the mili tary division, but he shall perform no duties in connection with the civil defense division as provided by law. Assistant Adjutants General shall hold no other state office and they shall be covered under the merit system of the State."
SECTION 3
All laws and parte 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 116, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
The following Bill, of the House was taken up for the purpose of considering the unfavorable report of the committee:
HB 825. By Messrs. Carswell and Mobley of Burke, Hawkins of Screven and others:
A Bill to be entitled an Act to amend an Act relating to the wife's separate estate; and for other purposes.
On the question of agreeing to the unfavorable report of the committee, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams
Barber
Alien
Barrett
Birdsong Black
758
JOURNAL OF THE HOUSE,
Blalock of Coweta Bolton Brackin Bradley Cagle Caldwell Carlisle Carr Carter Chastain Cheatham Cheek Cloud Coalson Cowart Dorminy Echols Elder Ellis Eyler Fellows Floyd Flynt Fordham Gowen Greene of Bartow Griffith Gross of Stephens Hall of Floyd
Hall of Lee Hawkins Hodges of Ware Hogan Ingle Jones of Laurens Jones of Crawford Kelley Kennedy Kidd Killian Kimmons Larkins Lokey Love Mann Martin Moorman Morris Murphy Musgrove McClelland McKenna McWhorter Neese Newton Nichols Orr Overby
Parker of Ware Pickett Ramsey Raulerson Reed Roberts Rodgers of Charlton Rogers of Heard Ross Rutland Sivell Smith of Whitfield Smith of Bryan Souter Stephens Summers Tabb Truelove Twitty Veal Walker of Telfair
Weems Wells White Willis Wilson Wooten Wright of Floyd Yandle
Those voting in the negative were Messrs.:
Ballard Bodenhamer Fowler of Treutlen Johnson Lancaster
Lanier Matthews Mobley Ray Sheffield
Smith of Forsyth Tamplin Todd Walker of Lowndes
On the question of agreeing to the unfavorable report of the committee, the ayes were 92, nays 15.
The unfavorable report of the committee was agreed to.
By unanimous consent, the House reconsidered its action in adopting the following Resolution of the House:
HR 436. By Mr. Souter of Macon:
A Resolution to authorize the State Institutions and Property Com mittee of the House to inspect the W & A Railroad property; and for other purposes.
The following Resolution of the House was again taken up:
HR 436. By Mr. Souter of Macon: A Resolution to authorize the State Institutions and Property Com-
WEDNESDAY, FEBRUARY 12, 1958
759
mittee of the House to inspect the W & A Railroad property; and for other purposes.
The following amendment was read and adopted:
Mr. Bagby of Paulding moves to amend HR 436 by adding the following Proviso "Provided further that any member of the House who desires to make said inspection trip may do so; and said members shall receive the same compensation as committee members; However no member of the House shall receive any compensation under this Resolution who does not actually make said inspection trip."
The Resolution, as amended, was adopted.
Under the order of business established by the Committee on Rules, the following Bill of the House was taken up for consideration and read the third time:
HB 986. By Messrs. Lanier of Candler, Tamplin of Morgan, McCracken of Jeffer son and Pordham of Buloch:
A Bill to be entitled an Act to amend an Act creating the Milk Control Commission; and for other purposes.
The previous question was ordered.
The main question was ordered.
The re"port of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Alien Ballard Barber Barrett Baughman Birdsong Blalock of Coweta Blalock of Clayton Brackin Bradley Brooks of Oglethorpe Brooks of Fulton Broome Cagle Carlisle Carr Carter Cheatham
Cheek Cloud Coalson Cowart Dorminy Duncan Elder Fellows Flynt Fordham Fowler of Douglas Fowler of Treutlen Gowen Green of Rabun Griffith Grimsley Gross of Stephens Hall of Floyd Hall of Lee
Hardaway Hawking Hogan Hurst Irvin Johnson Jones of Laurens Jones of Crawford Kelley Kennedy Kidd Killian Kimmons Lancaster Land Lanier Lee Lokey Love
760
JOURNAL OF THE HOUSE,
Mann Martin Matthews Miller of Elbert Mobley Moorman Morris Moss Murphy Murr Musgrove McClelland McGibony McKenna McWhorter Neese Newton Nichols Odom Orr
Overby Palmer
Parker of Ware Parker of Appling Payton Perkins Peters Pickett Ramsey Raulerson Ray Reed Roberts Rodgers of Charlton Rogers of Heard Ross Rutlantd Scoggin Sheffield Sivell Smith of Porsyth Smith of Emanuel Smith of Pulton Smith of Whitfield
Smith of Bryan
Souter Stephens Story Summers Tabb Tamplin Tarpley Taylor Truelove Twitty Veal Walker of Lowndes Walker of Telfair Wells White Willingham Wooten Wright of Ployd Yandle
Those voting in the negative were Messrs.:
Ployd
Hodges of Ware
Ingle
On the passage of the Bill, the ayes were 121, nays 3.
The Bill, having received the requisite constitutional majority, was passed.
Mr. Hawkins of Screven moved that the House do now adjourn until 10:00 o'clock a.m., tomorrow morning, and the motion prevailed.
The Speaker announced the House adjourned until 10:00 o'clock tomorrow morning.
THURSDAY, FEBRUARY 13, 1958
761
Representative Hall, Atlanta, Georgia. Thursday, February 13, 1958.
The House met pursuant to adjournment this day at 10:00 o'clock, a.m., and was called to order.
Prayer was offered by the Chaplain.
The roll was called and the following members answered to their names:
Adams Alien Bagby Ballard Barber Baughman Birdsong Black Blalock of Coweta Blalock of Clayton
Bolton Brackin Bradley Brennan Brooks of Oglethorpe Brooks of Fulton Broome Budd Burkhalter Busbee Cagle Caldwell Callier A. Campbell of
Walker W. Campbell of
Walker Carlisle Carr Carter Cheatham Cheek Cloud Coalson Cocke Cowart Craven Crummey Denmark Dorminy Duncan Echols Elder Ellis
Eyler Fellows Floyd Flynt Fordham Fowler of Douglas Fowler of Treutlen Frazier Freeman
Fuqua Gowen Green of Rabun Greene of Bartow Griffith Grimsley Gross of Stephens Gross of Dade Hall of Floyd Hall of Lee Hardaway Harper Harrison Hawkins Helms Henderson Hodges of Ware Hodges of Butts Hogan Holcombe Holley Holloway Huddleston Hurst Ingle Jessup Johnson Jones of Wayne Jones of Worth Jones of Lumpkin Jones of Baker Jones of Laurens Jones of Sumter Jones of Crawford Kelley Kennedy
Key Kidd Killian Kimmons King Lam Lancaster Land Lanier Larkins Lee Lindsey Lokey Long Lott
Love Mackay Mann Martin Matthews Miles Miller of Elbert Mobley Moorman Morris Moss Mull Murphy Musgrove McClelland McCracken McGibony McKenna McWhorter Neese Newton Nichols Nilan Orr Overby Palmer Parker of Pike Parker of Ware Parker of Appling Payton
762
JOURNAL OF THE HOUSE,
Pelham Perry
Peters Pettey Phillips of Columbia Phillips of Walton Pickard Pickett
Ramsey Raulerson
Ray Reed Roberts Ross Rowland
Rutland Scoggin
Short Singer
Sivell Smith of Emanuel Smith of Lamar Smith of Whitfield Smith of Bryan Souter
Stephens Story
Summers Tabb Tamplin Tarpley Taylor
Truelove Twitty
Underwood Veal
Walker of Lowndes Walker of Telfair Watson Weems Wells White
Willingham Wilson
Wooten Wright of Ployd Wright of Dodge Yandle Young
Mr. Speaker
Mr. Black of Webster, Chairman of the Committee on Auditing, Enrolling & Engrossing, 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. 2. First reading and reference of House Bills and Resolutions. 3. Reports of Standing Committees. 4. Second reading of Bills and Resolutions. 5. Third reading of local Bills and general Bills with local application. 6. First reading and reference of Senate Bills and Resolutions.
By unanimous consent, the following Bills and Resolutions of the House were read the first time and referred to the committees:
HB 1110. By Messrs. Hawkins of Screven and Bodenhamer of Tift:
A Bill to be entitled an Act to declare the policy of the State with regard to education of children; prescribe duties of boards of education of counties and independent school districts with respect to encourage ment of attendance; and for other purposes.
Referred to the Committee on Rules.
HB 1111. By Messrs. Bodenhamer and Morris of Tift: A Bill to be entitled an Act to amend the charter of the City of Tifton;
THURSDAY, FEBRUARY 13, 1958
763
to alter, relocate, and redefine the corporation limits; and for other purposes.
Referred to the Committee on Local Affairs.
HB 1112. By Messrs. Bodenhamer and Morris of Tift:
A Bill to be entitled an Act to amend the charter of the City of Tifton; and for other purposes.
Referred to the Committee on Local Affairs.
HR 456-1112a. By Messrs. Bodenhamer and Morris of Tift:
A Resolution proposing an amendment to the Constitution so as to create a body corporate and politic to be known as the Tifton-Tift County Development Authority; and for other purposes.
Referred to the Committee on Local Affairs.
HB 1113. By Messrs. Fuqua, Holley and Miles of Richmond:
A Bill to be entitled an Act to amend an Act to abolish justice courts and the office of Justice of the Peace and Notary Public ex officio Justice of the Peace and the office of Constable in the City of Augusta; and for other purposes.
Referred to the Committee on Local Affairs.
HB 1114. By Mr. Fowler of Treutlen:
A Bill to be entitled an Act to provide for the compensation of the Judge and Solicitor of the City Court of Soperton; and for other purposes.
Referred to the Committee on Local Affairs.
HB 1115. By Mr. Fowler of Treutlen:
A Bill to be entitled an Act to amend an Act creating the office of County Tax Commissioner of Treutlen County; and for other purposes.
Referred to the Committee on Local Affairs.
HB 1116. By Mr. Fowler of Treutlen:
A Bill to be entitled an Act to change from the fee to the salary system in the County of Treutlen the Clerk of the Superior Court, the Ordi nary and the Sheriff; and for other purposes.
Referred to the Committee on Local Affairs.
HB 1117. By Messrs. Budd and Walker of Lowndes:
A Bill to be entitled an Act to provide that the Sheriffs of certain counties shall be paid on a fee basis for all services rendered in the Superior Court of such counties; and for other purposes.
Referred to the Committee on Local Affairs.
Y64
JOURNAL OF THE HOUSE,
HR 459-1117a. By Mr. Barber of Jackson:
A Resolution proposing an amendment to the Constitution so as to change the provisions relative to the method of amending the Con stitution: and for other purposes.
Referred to the Committee on State of Republic.
HR 4GO-1117b. By Messrs. Cheatham, Eyler and Brennan of Chatham:
A Resolution proposing an amendment to the Constitution so as to limit the authority of the fiscal authority of Chatham County to levy a tax for the support and maintenance of education; and for other purposes.
Referred to the Committee on Local Affairs.
HR 461-1117c. By Mr. Truelove of White:
A Resolution to designate a certain bridge as the "Roy Head Bridge"; and for other purposes.
Referred to the Committee on Local Affairs.
HR 462-1117d. By Mr. Truelove of White:
A Resolution to designate a certain bridge as the "Earl Nix Bridge"; and for other purposes.
Referred to the Committee on Local Affairs.
HR 463-1117e. By Messrs. Moss and Story of Gwinnett: A Resolution to compensate Lloyd Tatum; and for other purposes.
Referred to the Committee on Appropriations.
HB 1118. By Mr. Fowler of Douglas:
A Bill to be entitled an Act to amend an Act relating to resident hunt ing and fishing licenses, so as to require a resident fishing license to fish in the salt waters as well as the fresh waters of any county; and for other purposes.
Referred to the Committee on Natural Resources.
HB 1119. By Mr. McClelland of Fulton:
A Bill to be entitled an Act to amend an Act relating to the abolition of Justice courts and the office of Justice of the Peace and of Notary Public Ex Officio Justice of the Peace in certain counties; and for other purposes.
Referred to the Committee on Local Affairs.
HB 1120. By Messrs. McClelland and Brooks of Fulton: A Bill to be entitled an Act to amend an Act to supplement the salaries
THURSDAY, FEBRUARY 13, 1958
765
of Judges of the Superior Court of Fulton County; and for other purposes.
Referred to the Committee on Local Affairs.
HR 465-1120a. By Mr. Bradley of Bartow: A Resolution to compensate Charlie E. King; and for other purposes.
Referred to the Committee on Appropriations.
HR 466-1120b. By Messrs. McClelland and Brooks of Fulton:
A Resolution proposing an amendment to the Constitution relating to the qualification of Justices, Judges, etc., and relating to Judges Emeritus; and for other purposes.
Referred to the Committee on Special Judiciary.
HB 1121. By Mr. M. Smith of Fulton:
A Bill to be entitled an Act to amend an Act to authorize the govern ing 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 Local Affairs.
HB 1122. By Messrs. Moate of Hancock, Hawkins of Screven and Jessup of Bleckley:
A Bill to be entitled an Act to govern the admission of students to the University of Georgia and all of its branches as to age; and for other purposes.
Referred to the Committee on Education.
HB 1123. By Mr. Jones of Laurens:
A Bill to be entitled an Act to provide for the distribution of property set aside as a year's support to a widow or to a minor child; and for other purposes.
Referred to the Committee on Judiciary.
HB 1124. By Mr. Bagby of Paulding:
A Bill to be entitled an Act to amend an Act incorporating the Mayor and Aldermen (Council) of the City of Dallas; and for other purposes.
Referred to the Committee on Local Affairs.
HB 1125. By Messrs. Rutland, Mackay and McWhorter of DeKalb:
A Bill to be entitled an Act to amend 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 Local Affairs.
766
JOURNAL OF THE HOUSE,
HB 1126. By Messrs. McWhorter, Mackay and Rutland of DeKalb:
A Bill to be entitled an Act to amend an Act creating and establishing a Civil Court of DeKalb County; and for other purposes.
Referred to the Committee on Local Affairs.
HB 1127. By Messrs. McWhorter, Mackay and Rutland of DeKalb: A Bill to be entitled an Act to amend the city charter of Doraville, so as to redefine the corporate limits; and for other purposes.
Referred to the Committee on Local Affairs.
HB 1128. By Mr. Burkhalter of Tattnall: A Bill to be entitled an Act to amend an Act creating a new charter for the City of Glennville; and for other purposes.
Referred to the Committee on Local Affairs.
HB 1129. By Messrs. McClelland, Brooks and M. Smith of Fulton: A Bill to be entitled an Act to amend an Act establishing a new charter for the City of College Park; to prescribe its limits; and for other purposes.
Referred to the Committee on Local Affairs.
HR 472-1129a. By Mr. Love of Catoosa: A Resolution proposing an amendment to the Constitution so as to provide a Board of Tax Administrators for Catoosa County; and for other purposes.
Referred to the Committee on Local Affairs.
HR 473-1129b. By Mr. Truelove of White: A Resolution authorizing the Governor to provide funds for school purposes in hardship cases in White County; and for other purposes.
Referred to the Committee on Education.
HR 474-1129c. By Mr. Nichols of Towns: A Resolution proposing an amendment to the Constitution so as to provide for staggered terms of the members of the County Board of Education of Towns County; and for other purposes.
Referred to the Committee on Local Affairs.
By unanimous consent, the following committee reports were submitted and read:
Mr. Scoggin of Floyd County, Chairman of the Committee on Appropria tions, submitted the following report: Mr. Speaker:
Your Committee on Appropriations has had under consideration the fol-
THURSDAY, FEBRUARY 13, 1958
767
lowing Resolutions of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HR 301-744e. Do Pass as amended. HR 302-744f. Do Pass. HR 391-940c. Do Pass. HR 138-412b. Do Pass as amended. HR 361-874c. Do Pass. HR 195-588a. Do Pass as amended.
Respectfully submitted, Scoggin of Ployd, Chairman.
Mr. Bodenhamer of Tift County, Chairman of the Committee on Education, submitted the following report:
Mr. Speaker:
Your Committee on Education has had under consideration the following Bills and Resolutions 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 822. Do Pass as amended.
HB 1006. Do Pass by committee substitute.
HR 255-662e. Do Pass.
SR 110. Do Pass.
Respectfully submitted, Bodenhamer of Tift, Chairman.
Mr. Twitty of Mitchell County, Chairman of the Committee on Judiciary, submitted the following report:
Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bills of the House and Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
SB 215. Do Pass by substitute.
HB 966. Do Pass.
HB 988. Do Pass.
HB 1098. Do Not Pass.
HB 693. Do Pass.
Respectfully submitted, Twitty of Mitchell, Chairman.
768
JOURNAL OF THE HOUSE,
Mr. Short of Colquitt County, Chairman of the Committee on Local Affairs, submitted the following report:
Mr. Speaker:
Your Committee on Local Affairs has had under consideration the following Bills and Resolutions 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 1007. Do Pass.
HB 1008. Do Pass.
HB 1009. Do Pass.
HB 1012. Do Pass.
HB 1013. Do Pass.
HB 1014. Do Pass.
HB 1015. Do Pass.
HB 1018. Do Pass.
HB 1019. Do Pass.
HB 1022. Do Pass.
HB 1023. Do Pass.
HB 1024. Do Pass.
HB 1025. Do Pass.
HB 1026. Do Pass.
HB 1027. Do Pass.
HB 1010. Do Pass.
SB 263. Do Pass.
SB 264. Do Pass.
HR 279-702a. Do Pass.
SR 121. Do Pass.
Respectfully submitted, Short of Colquitt, Chairman.
Mr. Short of Colquitt County, Chairman of the Committee on Local Affairs, submitted the following report:
Mr. Speaker:
Your Committee on Local Affairs has had under consideration the following Bills and Resolutions of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 1029. Do Pass.
HB 1031. Do Pass.
THURSDAY, FEBRUARY 13, 1958
769
HB 1032. Do Pass. HB 1033. Do Pass. HB 1035. Do Pass. HB 1037. Do Pass. HB 1.039. Do Pass. HB 1040. Do Pass. HB 1041. Do Pass. HB 1042. Do Pass by substitute. HB 1044. Do Pass. HB 1046. Do Pass. HB 1047. Do Pass. HB 1048. Do Pass. HB 1049. Do Pass. HB 1050. Do Pass. HB 1052. Do Pass. HB 1053. Do Pass. HB 1054. Do Pass. HB 1062. Do Pass. HB 1066. Do Pass. HB 1067. Do Pass. HB 1068. Do Pass. HB 1069. Do Pass. HB 1070. Do Pass. HR 414-1044a. Do Pass. HR 415-1044b. Do Pass. HR 416-1044c. Do Pass. HR 418-1044e. Do Pass. HR 420-1044g. Do Pass. HR 426-1070a. Do Pass. HR 430-1070e. Do Pass. HR 431-1070f. Do Pass.
Respectfully submitted, Short of Colquitt, Chairman.
770
JOURNAL OP 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 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 241. Do Pass.
Respectfully submitted,
Jones of Lumpkin,
Chairman.
Mr. Hawkins of Screven County, 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 recommendation:
HR 446-1109e. Do Pass.
Respectfully submitted,
Hawkins of Screven,
Chairman.
Mr. Overby of Hall County, Chairman of the Committee on State of Re public, submitted the following report:
Mr. Speaker: Your Committee on State of Republic has had under consideration the
following Bills and Resolutions of the House and Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
SR 112. Do Pass. HB 967. Do Pass by substitute.
HE 1051. Do Pass. HR 427-1070b. Do Pass. HR 329-785d. Do Pass as amended.
SB 186. Do Pass. SB 52. Do Pass by substitute.
Respectfully submitted, Overby of Hall, Chairman.
THURSDAY, FEBRUARY 13, 1958
771
By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time:
HB 1073. By Mr. Parker of Ware:
A Bill to be entitled an Act to incorporate the City of Manor in the County of Ware and provide its charter; and for other purposes.
HB 1074. By Mr. Hendrix of Long:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Ludowici, so as to change the corporate limits of said City; and for other purposes.
HB 1075. By Mr. Broome of Bacon:
A Bill to be entitled an Act to authorize the City of Alma to close for use as an alley, a certain strip of land in said city; and for other purposes.
HB 1076. By Messrs. Fuqua, Holley and Miles of Richmond:
A Bill to be entitled an Act to amend the charter of the City of Au'gusta, so as to extend the corporate limits; and for other purposes.
HB 1077. By Messrs. Fuqua, Miles and Holley of Richmond:
A Bill to be entitled an Act to provide that the Board of Commis sioners of Roads and Revenues of Richmond County shall before pur chasing or selling any goods, materials or supplies to be used by Rich mond County, shall purchase or sell said goods only after advertising for bids once a day for three consecutive days in the legal gazette for Richmond County; and for other purposes.
HB 1078. By Messrs. Fuqua, Holley and Miles of Richmond:
A Bill to be entitled an Act to amend the charter of the City of Augusta, so as to extend the corporate limits; and for other purposes.
HB 1079. By Mr. Summers of Crisp:
A Bill to be entitled an Act to amend an Act creating and establish ing a new charter for the City of Cordele, so as to increase the city limits; and for other purposes.
HB 1080. By Mr. Pettey of Pulaski:
A Bill to be entitled an Act to consolidate the offices of Tax Receiver and Tax Collector of Pulaski County into the office of Tax Commis sioner; and for other purposes.
HB 1081. By Mr. Jones of Baker:
A Bill to be entitled an Act to amend an Act creating a Board of Commissioners of Roads and Revenues for Baker County; and for other purposes.
772
JOURNAL OF THE HOUSE,
HB 1082. By Mr. Jones of Baker:
A Bill to be entitled an Act to provide that in certain counties of this State the members of the County Board shall be compensated in the amount of not to exceed $25.00 dollars for each day of actual service out of the school funds appropriated to the County; and for other purposes.
HB 1083. By Mr. Jones of Baker:
A Bill to be entitled an Act to provide that the members of the County Board of Education of Baker County shall be compensated in an amount not to exceed twenty-five dollars per day for each day of actual service; and for other purposes.
HB 1084. By Mr. Fowler of Douglas:
A Bill to be entitled an Act to amend an Act which provides for the exemption of public property places of religious worship, places of burial, institutions of purely public charity, buildings erected for use as a college etc. from the payment of taxes; and for other purposes.
HB 1085. By Mr. Gross of Stephens:
A Bill to be entitled an Act to amend an Act incorporating the City of Toccoa, so as to enlarge, increase, redefine and establish the cor porate limits of the City of Toccoa; and for other purposes.
HB 1086. By Messrs. Smith and Winkle of Whitfield:
A Bill to be entitled an Act to amend an Act relating to exemption of property from taxation, so as to provide that only one single family residence owned by a religious group shall be exempt from taxation; and for other purposes.
HB 1087. By Messrs. Brennan, Cheatham and Eyler of Chatham:
A Bill to be entitled an Act to amend an Act to incorporate a town to be called Vernonburg; and for other purposes.
HB 1088. By Mr. Barrett of Cherokee:
A Bill to be entitled an Act to amend an Act creating a new charter for the Town of Ball Ground; and for other purposes.
HB 1089. By Mr. Barrett of Cherokee:
A Bill to be entitled an Act to amend an Act creating the office of Tax Commissioner of Cherokee County; and for other purposes.
HB 1090. By Mr. Barrett of Cherokee:
A Bill to be entitled an Act to change from the fee to the salary system in the County of Cherokee the Clerk of the Superior Court, the Sheriff and the Ordinary of such County; and for other purposes.
THURSDAY, FEBRUARY 13, 1958
773
HB 1091. By Mr. Barrett of Cherokee:
A Bill to be entitled an Act to amend an Act incorporating the Town of Waleska; and for other purposes.
HB 1092. By Mr. Barrett of Cherokee:
A Bill to be entitled an Act to amend an Act creating the Cherokee County so as to increase the membership of said Authority; and for other purposes.
HB 1093. By Mr. Barrett of Cherokee:
A Bill to be ent'tled an Act to amend an Act incorporating the Town of Holly Springs; and for other purposes.
HB 1094. By Mr. Barrett of Cherokee:
A Bill to be entitled an Act to amend an Act reincorporating the Town of Woodstock; and for other purposes.
HB 1095. By Mr. Barrett of Cherokee:
A Bill to be entitled an Act to amend an Act incorporating the City of Canton, so as to establish a ward system for said City; and for other purposes.
HB 1096. By Messrs. Moss and Story of Gwinnett:
A Bill to be entitled an Act to amend the Act creating a new charter for the City of Lawrenceville, by adding additional territories to be included in the City limits; and for other purposes.
HB 1097. By Messrs. Carlisle, Wilson and McKenna of Bibb:
A Bill to be entitled an Act to amend an Act entitled "An Act to establish the City Court of Macon in and for the County of Bibb; and for other purposes.
HB 1099. By Messrs. Cheatham, Eyler and Brennan of Chatham:
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; and for other purposes.
HB 1100. By Messrs. Cheatham, Eyler and Brennan of Chatham:
A Bill to be entitled an Act to amend the charter of the Mayor and Aldermen of the City of Savannah and relating to the Police Court; and for other purposes.
HB 1101. By Mr. Broome of Bacon:
A Bill to be entitled an Act to amend an Act to repeal an Act so that a tax on sales and use of cigars, cigarettes, little cigars, etc. may be imposed; to provide for the collection of the same; and for other purposes.
774
JOURNAL OF THE HOUSE,
HB 1102. By Messrs. Broome of Bacon, Walker of Lowndes and Budd of Lowndes:
A Bill to be entitled an Act to amend an Act known as the Uniform Narcotic Drug Act,-and for other purposes.
HB 1103. By Messrs. Short and Newton of Colquitt:
A Bill to be entitled an Act to amend an Act relating to the Charter of the City of Moultrie; to extend the corporate limits; and for other purposes.
HB 1104. By Messrs. Blalock and Lee of Clayton:
A Bill to be entitled an Act to amend an Act incorporating the Town of Forest Park; and for other purposes.
HB 1105. By Messrs. Short of Colquitt, Cloud of Decatur, Phillips of Walton and Perry of Marion:
A Bill to be entitled an Act to amend an Act relating to the definition of optometry by striking' the word "learned"; and for other purposes.
HB 1106. By Messrs. McClelland, Brooks and M. Smith of Fulton:
A Bill to be entitled an Act to amend an Act to provide that in all cases where property is not returned for taxation, a penalty of 10% of the assessed taxable value shall be added to the assessment for that year; and for other purposes.
HB 1107. By Messrs. McClelland, Brooks and M. Smith of Fulton:
A Bill to be entitled an Act to amend an Act so as to provide that the fee for settling tax executions that are settled without sale by pro viding such fee shall be 10% of the face of such executions; and for other purposes.
HB 1108. By Messrs. Wright, Scoggin and Hall of Floyd:
A Bill to be entitled an Act to amend an Act prescribing the terms of Superior Court to be held in the Rome Judicial Circuit; and for other purposes.
HB 1109. By Mr. Truelove of White:
A Bill to be entitled an Act to create a Board of Commissioners of Roads and Revenues for White County; and for other purposes.
HR 442-1109a. By Messrs. Mackay, McWhorter and Rutland of DeKalb:
A Resolution proposing an amendment to the Constitution so as to authorize the General Assembly to empower the Commissioners of Roads and Revenues of DeKalb County, Georgia, to enact ordinances for the policing and governing of said County; and for other purposes.
HR 443-1109b. By Messrs. Mackay, McWhorter and Rutland of DeKalb:
A Resolution proposing an amendment to the Constitution so as to
THURSDAY, FEBRUARY 13, 1958
775
authorize the Board of Commissioners of Roads and Revenues of DeKalb County to establish districts for the purpose of building, erecting, establishing, maintaining and operating storm sewers and street lights within said County; and for other purposes.
HR 444-1109c. By Messrs. Mackay, McWhorter and Rutland of DeKalb:
A Resolution proposing an amendment to the Constitution so as to authorize the Board of Commissioners of Roads and Revenues to pro vide system of garbage disposals; and for other purposes.
HR 445-1109d. By Messrs. Moss and Story of Gwinnett:
A Resolution to compensate Mr. Bob Burel; and for other purposes.
HR 447-1109f. By Mr. Lanier of Candler: A Resolution proposing an amendment to the Constitution so as to provide for the payment of $100,000.00 in connection with the eradica tion of the boll weevils in this State; and for other purposes.
HR 448-1109g. By Messrs. Blalock and Lee of Clayton: A Resolution authorizing and directing the State Highway Department to compensate Mrs. C. R. Chesney for damages to her property; and for other purposes.
HR 449-1109h. By Mr. Lanier of Candler: A Resolution to compensate John Arthur Holloway, Sr., and for other purposes.
HR 450-1109i. By Mr. Lanier of Candler: A Resolution to compensate Brooks A. Bird; and for other purposes.
HR 451-1109J. By Messrs. Gross of Stephens and Hawkins of Screven:
A Resolution proposing ratification of the sale of property consisting of 6.4 acres located in Stephens County, which was found to be un serviceable to the State; and for other purposes.
HR 452-1109k. By Mr. Murphy of Haralson:
A Resolution to compensate Mrs. Johnny Rose and S. M. Rutledge for damages; and for other purposes.
HR 453-11091. By Mr. Murphy of Haralson:
A Resolution to compensate Bryant Eaves for damages; and for other purposes.
HR 454-1109m. By Mr. Murphy of Haralson:
A Resolution to compensate S. M. Rutledge for damages; and for other purposes.
776
JOURNAL OF THE HOUSE,
HR 455-1109n. By Messrs. Bolton and Lindsey of Spalding:
A Resolution proposing an amendment to the Constitution so as to authorize the General Assembly to abolish justice courts and the office of justice of the peace and notary public ex-officio justices of the peace of Spalding County; and for other purposes.
SB 256. By Senator Pound of the 20th:
A Bill to be entitled an Act to amend an Act relating to use of right of ways allowing State Highway Dept. and county governing authori ties rights to grant permits to those engaged in mining clays to operate pipelines under right of ways and for other purposes.
SB 259. By Senator Trotter of the 37th:
A Bill to be entitled an Act to amend Code Section 13-2023 relating to the purchase and ownership of stocks, bonds and other investment securities by banks; and for other purposes.
SB 266. By Senator Sanders of the 18th:
A Bill to be entitled an Act to authorize and regulate reciprocal or inter-insurance transactions; to provide such contracts may be executed by an attorney in fact; to require certain information to be submitted to the Insurance Commissioner; and for other purposes.
SB 269. By Senators Pelham of the 7th, Stafford of the 47th, Williams of the 49th and others:
A Bill to be entitled an Act to provide for guidance counselors in each school system of the State; to provide for the duties of such guidance counselors; to repeal conflicting laws; and for other purposes.
SB 209. By Senators Sammon of the 34th and Paris of the 27th:
A Bill to be entitled an Act to provide that all human blood used for transfusions shall be labeled as to the race of donor.
By unan ; mous consent, the following Bills and Resolutions of the House and Senate, favorably reported, were read the second time:
HR 138-412b. By Messrs. Newton and Short of Colquitt: A Resolution to compensate David Norman; and for other purposes.
HR 195-588a. By Mr. Cheatham of Chatham:
A Resolution to compensate Mr. and Mrs. Lynn Daniel; and for other purposes.
HR 446-1109e. By Messrs. Moate of Hancock, Hawkins of Screven and Jessup of Bleckley:
A Resolution authorizing and directing the State Hospital Authority to issue eight million dollars in revenue bonds; and for other purposes.
THURSDAY, FEBRUARY 13, 1958
777
SB 241. By Senator Foster of the 26th:
A Bill to provide for issuance by the State Revenue Commissioner of special license plates for antique automobiles; and for other purposes.
By unanimous consent, the following Bills and Resolutions of the House and Senate were taken up for consideration and read the third time:
HB 1007. By Messrs. Hodges and Parker of Ware:
A Bill to be entitled an Act to provide for the use of voting machines in Ware County; and for other purposes.
The report of the committee which was favorable to the passag-e of the Bill, was agreed to.
On the passage of the Bill, the ayes were 138, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1008. By Messrs. Hodges and Parker of Ware:
A Bill to be entitled an Act amending the charter of the City of Waycross; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 138, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1009. By Messrs. Holloway and Busbee of Dougherty:
A Bill to be entitled an Act to amend the charter of 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 138, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1010. 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; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 138, nays 0.
778
JOURNAL OF THE HOUSE,
The Bill, having received the requisite constitutional majority, was passed.
HB 1012. By Messrs. Busbee and Holloway 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 138, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1013. By Mr. Ballard of Newton:
A Bill to be entitled an Act to amend the charter of the City of Covington; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 138, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1014. By Mr. Coalson of Polk:
A Bill to be entitled an Act to repeal an Act incorporating the Town of Van Wert; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 138, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1015. By Mr. Coalson of Polk: A Bill to be entitled an Act to amend an Act to provide that the term of office of members of the County Board of Tax Assessors shall be one year 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 138, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1018. By Messrs. Birdsong and Lam of Troup: A Bill to be entitled an Act to amend an Act supplementing the salary
THURSDAY, FEBRUARY 13, 1958
779
of the Judge of the Superior Court of the Coweta Judicial Circuit; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 138, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1019. By Messrs. Lam and Birdsong of Troup:
A Bill to be entitled an Act to amend an Act supplementing the salary of the Solicitor of the Coweta Judicial Circuit; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 138, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1022. By Messrs. Cheatham, Eyler and Brennan of Chatham:
A Bill to be entitled an Act to amend the charter of the Town of Garden City; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 138, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1023. By Messrs. McClelland, Smith and Brooks of Fulton:
A Bill to be entitled an Act to establish a new charter for the City of East Point; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 138, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1024. By Messrs. McClelland, Smith and Brooks 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.
780
JOURNAL OF THE HOUSE,
On the passage of the Bill, the ayes were 138, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1025. By Mr. Broome of Bacon:
A Bill to be entitled an Act to provide for a procedure relative to the time for holding county primaries in Bacon County; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 138, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1026. By Mr. Key of Jasper:
A Bill to be entitled an Act to amend an Act incorporating the City of Monticello; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 138, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1027. By Mr. Key of Jasper:
A Bill to be entitled an Act to amend an Act fixing the compensation of the County Treasurer of Jasper County; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 138, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1029. By Messrs. Willis and Chastain of Thomas:
A Bill to be entitled an Act to amend an Act creating a Small Claims Court in each county of this State having a certain population; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 138, nays 0. The Bill, having received the requisite constitutional majority, was passed.
THURSDAY, FEBRUARY 13, 1958
781
HB 1031. By Mr. Watson of Houston:
A Bill to be entitled an Act to create and incorporate a new munici pality in Houston County; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 138, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1032. By Messrs. Walker and Budd 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 138, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1033. By Mr. McCracken of Jefferson:
A Bill to be entitled an Act to amend an Act incorporating the Town of Stapleton; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the bill, the ayes were 138, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1035. By Mr. Bagby of Paulding:
A Bill to be entitled an Act to supplement the compensation of the Coroner of Paulding County; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 138, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1037. By Mr. Singer of Stewart:
A Bill to be amend an Act abolishing the office of County Treasurer of Stewart County; and for other purposes.
782
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 138, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1039. By Messrs. Greene and Bradley of Bartow:
A Bill to be entitled an Act to consolidate the offices of Tax Collector and Tax Receiver of Bartow County into the office of Tax Commis sioner of 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 138, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1040. By Messrs. Greene and Bradley of Bartow:
A Bill to be entitled an Act to change from the salary system in Bartow County, the Sheriff, the Clerk of the Superior Court and the Ordinary; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 138, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1041. By Mr. Gross of Dade:
A Bill to be entitled an Act to amend an Act abolishing the offices of Tax Collector and Tax Receiver of Dade County; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 138, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1042. By Messrs. Lee and Blalock of Clayton:
A Bill to be entitled an Act to repeal an Act incorporating the City of Jonesboro; and for other purposes.
THURSDAY, FEBRUARY 13, 1958
783
The following committee substitute was read and adopted:
By Messrs. Lee and Blalock of Clayton
AN ACT
To amend an Act incorporating the City of Jonesboro in Clayton County, approved August 18, 1919 (Ga. Laws 1919, p. 1067), as amended, particularly by an Act approved December 7, 1953 (Ga. Laws 1953, Nov.-Dec. Session, p. 2029), so as to change the corporate limits of the City of Jonesboro; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1
An Act incorporating the City of Jonesboro in Clayton County, approved August 18, 1919 (Ga. Laws 1919, p. 1067), as amended, particularly by an Act approved December 7, 1953 (Ga. Laws 1953, Nov.-Dec. Session, p. 2029), is hereby amended by removing the fol lowing described property from the corporate limits of the City of Jonesboro:
"That tract or parcel of land beginning at a point which is the northwest intersection of State Highway 54 and 5th Avenue, Land Lot 208 of the 13th District of Clayton County, Georgia; running thence north along the west side of State Highway 54, a distance of 900 feet to a point which was originally the southern boundary line of the City of Lake Tara, Georgia; thence West 3050 feet, more or less, to a point which is the southeast intersection of Dixie Drive and State Highway 3, (formerly U. S. Highway 41) ; thence southerly along the east side of said Highway 3, a distance of 900 feet, more or less, to a point which was originally the north City Limits of the City of Jonesboro, before above described area annexed to the City of Jonesboro; thence east along said original City Limits line 3050 feet to said point of beginning, this said line being along the north right of way of Fifth Avenue."
"The above described property was made a part of the corporate limits of the City of Jonesboro by the aforesaid amendatory Act of 1953, but said property shall no longer be within the corporate limits of the City of Jonesboro and shall become unincorporated territory upon the effective date of this Act."
SECTION 2
All laws and parts of laws in conflict with this Act are hereby repealed.
The report of the committee which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 138, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
784
JOURNAL OF THE HOUSE,
HB 1044. By Mr. Ray of Warren:
A Bill to be entitled an Act to incorporate the Town of Warrenton; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 138, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1046. 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; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 138, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1047. By Messrs. Hall, Scoggin and Wright of Floyd:
A Bill to be entitled an Act to abolish the offices of Tax Receiver and Tax Collector and create the one office of County Tax Commissioner; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the bill, the ayes were 138, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1048. A Bill to be entitled an Act to consolidate and supersede certain Acts pertaining to the City of Glenwood; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 138, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1049. By Mr. Gross of Stephens:
A Bill to be entitled an Act to amend an Act establishing the City Court of Stephens County; and for other purposes.
THURSDAY, FEBRUARY 13, 1958
785
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 138, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1050. By Mr. Gross of Stephens:
A Bill to be entitled an Act to amend an Act creating a Board of Commissioners of Roads and Revenues for the County of Stephens; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 138, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1051. By Messrs. Gunter and Overby of Hall:
A Bill to be entitled an Act to amend an Act to limit and regulate the assessment and collection of taxes by municipal authorities; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1052. By Messrs. Gunter and Overby of Hall:
A Bill to be entitled an Act to amend an Act incorporating the Town of Clermont; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 138, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1053. By Messrs. Gowen and Killian of Glynn:
A Bill to be entitled an Act amending and supplementing Act Number 314 of the Acts of the General Assembly of 1945; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
786
JOURNAL OF THE HOUSE,
On the passage of the Bill, the ayes were 138, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1054. By Messrs. McClelland, Brooks and Smith of Fulton:
A Bill to be entitled an Act to amend an Act establishing a Municipal Court of the City of Atlanta; and for oiher purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 138, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1062. By Messrs. Smith, McClelland, and Brooks 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 138, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1066. By Messrs. Smith, McClelland and Brooks 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 establish rules and regulations governing the payment of pensions to county employees; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 138, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1067. By Messrs. Smith, McClelland and Brooks of Fulton:
A Bill to be entitled an Act to provide in Fulton County a system for pension and retirement pay to teachers and employees of the Board of Education of Fulton County; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 138, nays 0.
THURSDAY, FEBRUARY 13, 1958
787
The Bill, having received the requisite constitutional majority, was passed.
HB 1068. By Messrs. Smith, McClelland and Brooks of Fulton:
A Bill to be entitled an Act to provide that cities with a certain popula tion shall furnish pensions to officers and employees 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 138, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1069. By Messrs. Smith, McClelland and Brooks of Fulton:
A Bill to be entitled an Act to amend an Act providing a system of pensions and other benefits for members of paid Fire Department in certain cities; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 138, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1070. By Messrs. Smith, McClelland and Brooks of Fulton:
A Bill to be entitled an Act to amend an Act to provide for pensions for members of police departments in certain cities; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 138, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
SB 137. By Senator Wright of the 24th:
A Bill to be entitled an Act to change the compensation of the sheriff of Chattahoochee County; and for other purposes.
The following amendment was read and adopted:
Mr. King of Chattahoochee, moves to amend SB 137, as follows:
By inserting in the title thereof before the words "to repeal con flicting laws", the words "to provide for a referendum", and
788
JOURNAL OF THE HOUSE,
By adding- a new section, to be known as Section 2, to read as follows:
"Section 2. At least two months prior to the date of the statewide primary election in September of 1958, it shall be the duty of the Ordinary of Chattahoochee County to issue the call for an election for the purpose of submitting this Act to the voters of Chattahoochee County for approval or rejection. The Ordinary shall set the date of such election for the same day as the statewide primary election in September of 1958 is held. The Ordinary shall cause the date and purpose of the election on this question to be published once a week for two weeks immediately preceding the date thereof, in the official organ of Chattahoochee County.
"The ballot shall have written or printed thereon the words:
"For approval of the Act changing the compensation of the Sheriff of Chattahoochee County."
"Against approval of the Act changing the compensation of the Sheriff of Chattahoochee County."
"All persons desiring to vote in favor of the Act shall vote for approval, and those persons desiring to vote for rejection of the Act shall vote against approval. If a majority of the votes cast on such question are for approval of the Act, then it shall become of full force and effect as provided hereinbefore. If less than a majority of the votes cast on such question are 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 Chattahoochee 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 re turns and declare and certify the result of the election. It shall be his further duty to certify the result thereof to the Secretary of State."
and
By renumbering the present Section 2 as Section 3.
The report of the committee which was favorable to the passage of the Bill, was agreed to, as amended.
On the passage of the Bill, as amended, the ayes were 138, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
SB 263. By Senator Crawford of the 1st:
A Bill to be entitled an Act to amend an Act relating to the compensa tion of officials of the City Court of Savannah; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 138, nays 0.
THURSDAY, FEBRUARY 13, 1958
789
The Bill, having received the requisite constitutional majority, was passed.
SB 264. By Senator Crawford of the Is.: A Bill to be entitled an Act to amend an Act prescribing the compen sation for the Tax Commissioner of Chatham County; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 138, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HR 414-1044a. By Mr. Ray of Warren: A Resolution providing for the furnishing of the reports of the Supreme Court and the Court of Appeals to Warren 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 138, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
HR 420-1044g. By Mr. Ballard of Newton: A Resolution authorizing the Governor and the Secretary of State to convey a certain stained glass window to Newton County; and for other purposes.
The report of the committee which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 138, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
HR 430-1070e. By Mr. Wright of Dodge: A Resolution authorizing the State Librarian to furnish certain law books to the Clerk of the Superior Court of Dodge County; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the adoption of the Resolution, the ayes were 138, nays 0.
790
JOURNAL OP THE HOUSE,
The Resolution, having received the requisite constitutional majority, was adopted.
HR 279-702a. By Mr. Overby 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 OP GEORGIA:
SECTION 1
Article VII, Section IV, Paragraph II of the Constitution of Geor gia, 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 cost of fire protection in each re spective 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, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"For ratification of amendment to the Constitution to grant authority to Commissioners of Roads and Revenues of Hall County to district areas outside muncipal corporations for fire protection purposes and to levy a tax to defray the cost of fire protection."
"Against ratification of amendment to the Constitution 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."
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, FEBRUARY 13, 1958
791
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 Bagby Ballard Barber Blalock of Coweta Bodenhamer Bolton Brackin Bradley Brennan Brooks of Pulton Broome Budd Busbee Cagle Caldwell Callier A. Campbell of
Walker W. Campbell of
Walker Carlisle Carr Carter Cheatham Cheek Coalson Cocke Cowart Craven Crummey Dorminy Duncan Echols Eyler Floyd Flynt Fordham Fowler of Douglas Frazier Fuqua Gowen Green of Rabun Greene of Bartow Griffith Grimsley Gross of Stephens
Gross of Dade Gunter Hall of Lee Hardaway Harper Harrison Hawkins Henderson Hendrix Hodges of Ware Hodges of Butts Hogan Holley Holloway Huddleston Hurst Ingle Johnson Jones of Wayne Jones of Baker Jones of Laurens Jones of Crawford Kelley Key Kidd Killian Kimmons King Lam
Land Larkins Lee Lindsey Lokey Long Love Mackay Mann Martin Matthews Miles Miller of Elbert Mobley Moorman Morris Moss Murphy McClelland
McCracken McGibony McWhorter Neese Newton Nilan Odom Orr Overby Palmer Parker of Ware Parker of Appling Pelham Perkins Perry Phillips of Columbia Phillips of Walton Pickard Ramsey Raulerson Ray Roberts Rogers of Heard Ross Rutland Short Sivell Smith of Emanuel Smith of Whitfield Souter Story Summers Tabb Tamplin Todd Twitty Underwood Walker of Lowndes Walker of Telfair Watson Wells White Wilson Wright of Dodge
Yandle Young
792
JOURNAL OF THE HOUSE,
On the adoption of the Resolution, the ayes were 138, nays 0.
The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.
HR 415-1044b. By Messrs. Duncan and Craven of Carroll:
A RESOLUTION
Proposing an amendment to the Constitution to authorize the governing authority of Carroll County to tax for and support a rescue squad; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1
Article VII, Section IV, Paragraph I of the Constitution is amended by inserting following Subparagraph 1 thereof a new subparagraph to be known as Subparagraph l(a) to read as follows:
"l(a). The governing authority of Carroll County is author ized to include in its levy of taxes for the payment of expenses of administration of the county government such sums as may be authorized by the General Assembly by local Bill without regard to uniformity for the maintenance and support of a rescue squad. For the purpose of this Subsection a rescue squad shall mean an organization which performs a life saving functions or generally provides assistance during times of disaster or crisis."
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, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"For ratification of amendment to the Constitution so as to authorize the governing authority of Carroll County to lax for and support a rescue squad.
"Against ratification of amendment to the Constitution so as to authorize the governing authority of Carroll County to tax for and support a rescue squad."
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
THURSDAY, FEBRUARY 13, 1958
793
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 call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Alien Bagby Ballard Barber Blalock of Coweta Bodenhamer Bolton Brackin Bradley Brennan Brooks of Fulton Broome Budd Busbee Cagle Caldwell Callier A. Campbell of
Walker W. Campbell of
Walker Carlisle Can-
Carter Cheatharn Cheek Coalson Cocke Cowart Craven Crummey Dorminy Duncan Echols Eyler Fellows Floyd Fordham Fowler of Douglas Frazier Fuqua Gowen
Green of Rabun Greene of Bartow Griffith Grimsley Gross of Stephens Gross of Dade Gunter Hall of Lee Hardaway Harper Harrison Hawkins Henderson Hendrix Hodges of Ware Hodges of Butts Hogan Holley Holloway Huddleston Hurst Ingle Johnson Jones of Wayne Jones of Baker Jones of Laurens Jones of Crawford Kelley Key Kidd Killian
Kimmons King Land Larkins Lee Lindsey Lokey Long Love Mackay Mann Martin
Matthews Miles Miller of Elbert Mobley Moorman Morris Moss Murphy McClelland McCracken McGibony McWhorter Neese Newton Nilan Odom Orr Overby Palmer Parker of Ware Parker of Appling Pelham Perkins Perry Phillips of Columbia Phillips of Walton Pickard Pickett Ramsey Ray Roberts Rogers of Heard Ross Rutland Short Sivell Smith of Emanuel Smith of Whitfield Souter Story Summers Tabb Tamplin
794
JOURNAL OF THE HOUSE,
Todd Twitty Underwood Walker of Lowndes
Walker of Telfair Watson Wells White
Wilson Wright of Dodge Yandle Young
On the adoption of the Resolution, the ayes were 138, nays 0.
The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.
HR 416-1044c. By Messrs. Overby and Gunter of Hall:
A RESOLUTION
Proposing to the qualified voters an amendment to Article VIII, Sec. V, Par. I of the Constitution of the State of Georgia so as to provide for the election of members of the Board of Education of Hall County, Georgia; to prescribe the procedure connected therewith; to provide for the duties of said elected members; 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, Sec. V, Par. I of the Constitution of the State of Georgia relating to County Boards of Education, is hereby amended by adding at the end thereof the following:
"The Board of Education of Hall County, Georgia shall be com posed of nine members, to be elected by the qualified voters of the County who reside outside any independent school district within the County.
At the general election at which County officers are elected in 1960, five members of the Board of Education shall be elected to take office January 1, 1961, for initial terms of four years, and four members of the Board of Education shall be elected to take office January 1, 1961, for initial terms of two years. All future members of the Board of Education after said initial terms shall be elected for four-year terms at the same time County officers are elected and shall serve for four-year terms and until their successors are elected and qualified. Such members shall take office on the first day of January immediately following their election. Board Members One through Five shall be elected for initial terms of four years, and Board Members Six through Nine shall be elected for initial terms of two years.
Candidates in all primary elections and in the general election for membership on the Board of Education shall qualify with proper authority for the office of Board Member One or Board Member Two or Board Member Three or Board Member Four or Board Member Five or Board Member Six or Board Member Seven or Board Member Eight or Board Member Nine and there shall be separate races for each office in each primary and general election at which the offices are to be filled. No person shall be eligible
THURSDAY, FEBRUARY 13, 1958
795
for membership on the Board of Education unless he or she shall have been a citizen of Hall County for at least two years preceding the date of the general election and unless he or she is a graduate of a high school.
The members of the Board shall elect their own Chairman and such other officers as they deem necessary. In the event of a va cancy on the Board for any reason other than the expiration of a term of office, the remaining members of the Board shall select a person to fill the vacancy, and such person shall serve for the remainder of the unexpired term. The terms of all members ap pointed by the Grand Jury of Hall County as heretofore provided for in this Constitution prior to this amendment shall expire on December 31st, 1960.
The Board of Education of Hall County, as created herein, shall elect a person to serve as County School Superintendent. The per son serving as County School Superintendent, whose terms expires December 31, 1960, shall continue to serve until such time. No person shall be elected by the people in 1960 to serve as County School Superintendent, but the members of the Board who take office January 1, 1961 shall meet immediately thereafter for the purpose of electing a Superintendent. If, for any reason, a Super intendent is not elected immediately, the person serving as County School Superintendent on December 31, 1960, shall serve as such until the Board elects a Superintendent as provided for herein. No person shall be eligible to be elected as Superintendent by the Board unless such person possesses a degree from an accredited college or university and has had three years of practical teaching experience. The Board is authorized to prescribe such other quali fications as it deems desirable for the Superintendent. The Super intendent shall be elected by a majority vote of the Board for a term not exceeding four years by written Resolution which shall be placed on the Minutes of the Hall County Board of Education.
The Board of Education of Hall County, as provided for herein, and 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 Super intendents, respectively, 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 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 1958 General Election as provided for in the Constitution of Georgia as amended.
The ballot submitting said proposed amendment shall have printed thereon the following:
"For ratification of amendment to the Constitution increasing Hall County Board of Education to nine elected members on January 1, 1961", and
796
JOURNAL OF THE HOUSE,
"Against ratification of amendment to Constitution increasingHall County Board of Education to nine elected members on January 1, 1961."
All voters desiring to vote for adoption of said proposed amend ment shall vote for ratification of the amendment, and all voters de siring 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 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 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 Bagby Ballard Barber Blalock of Coweta Bodenhamer Bolton Brackin Bradley Brennan Brooks of Fulton Broome Budd Busbee Cagle Caldwell Callier A. Campbell of
Walker W. Campbell of
Walker Carlisle Carr Carter Cheatham Cheek Coalson Cocke Cowart Craven
Crummey Dorminy Duncan Echols Eyler Fellows Floyd Fordham Fowler of Douglas Frazier Fuqua Gowen Green of Rabun Greene of Bartow Griffith Grimsley Gross of Stephens Gross of Bade Gunter Hall of Lee Hardaway Harper Harrison Hawkins Henderson Hendrix Hodges of Ware Hodges of Butts Hogan Holley Holloway
Huddleston Hurst Ingle Johnson Jones of Wayne Jones of Baker Jones of Laurens Jones of Crawford Kelley Key Kidd Killian Kimmons King Land Larkins Lee Lindsey Lokey Long Love Mackay Mann Martin Matthews Miles Miller of Elbert Mobley Moorman Morris Moss
THURSDAY, FEBRUARY 13, 1958
797
Murphy McClelland McCracken McGibony McWhorter Neese Newton Nilan Odom
Orr Overby Palmer Parker of Ware Parker of Appling Pelham Perkins
Perry Phillips of Columbia Philips of Walton Pickard Pickett Ramsey Ray Roberts Rogers of Heard
Ross Rutland Short Sivell Smith of Emanuel Smith of Whitfield Souter
Story Summers Tabb Tamplin Todd Twitty Underwood Walker of Lowndes Walker of Telfair
Wells White Wilson Wright of Dodge Yandle Young
On the adoption of the Resolution, the ayes were 138, nays 0.
The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.
HR 418-1044e. By Mr. Cocke of Terrell:
A RESOLUTION
Proposing an amendment to the Constitution so as to create the Terrell County Development Authority; to provide for powers, author ity, funds, purposes and 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 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 Ter rell County to be known as the Terrell County Development Authority, which shall be an instrumentality of Terrell County and a public Cor poration 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 elected by a majority of The Board of Commis sioners of Roads and Revenues of Terrell County. The first members shall be elected for terms of one, two, three, four and five years, and thereafter their successors shall be elected to serve a term of five years. Vacancies shall be filled for the unexpired term by the said Board of County Commissioners. 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 a member of the Board of County Commissioners
798
JOURNAL OP THE HOUSE,
of Terrell County, 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 obligations of the Authority shall have the same immunity from taxation as the property, obligations and interest on the obligations of Terrell County.
"D. The powers of the Authority shall include but not be limited to the power:
"(1) To buy, acquire, develop, improve, own, operate, maintain, sell, lease as lessor and lessee, and mortgage land, buildings and prop erty of all kinds within the limits of Terrell County;
"(2) To receive and administer gifts, grants and donations and to administer trusts;
"(3) To grant, loan and lease any of its funds and property to private persons and corporations promising to operate any industrial plant or establishment within Terrell County which in the judgment of the Authority will be of benefit to the people of said county. 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 cer tificates 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 Terrell County and other political sub divisions 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 pro vide 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, agri culture, trade and commerce in Terrell County, and to make longrange plans therefor;
"(8) 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;
"(9) To designate officers to sign and act for the Authority generally or in any specific matter;
"(10) To do any and all acts and things necessary or convenient to accomplish the purpose and powers of the Authority as herein stated.
"E. The Authority shall not be authorized to create in any man ner any debt, liability or obligation against the State of Georgia or Terrell County.
"P. The Authority shall have the same immunity and exemption from liability for torts and negligence as the State of Georgia and the
THURSDAY, FEBRUARY 13, 1958
799
officers, agents and employees of the Authority when in performance of the work of the Authority, shall have the same immunity and exemp tion 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 obligation of the Authority.
"G. The members of the Authority shall receive no compensation for their services to the Authority.
"H. The Authority, with the consent of the Board of Commis sioners of Roads and Revenues of Terrell County, is hereby authorized to issue Revenue Certificates to carry out the purposes of this amend ment. Revenue Certificates, thus issued, shall be paid first from the income of the Authority. In the event such income is not sufficient to pay the principal and interest on such Revenue Certificates as they mature, then the Commissioners of Roads and Revenues are authorized and required to provide the additional funds necessary to make such payment, and for this purpose the said Commissioners are authorized to levy an annual tax on all taxable property within the county pro vided such tax shall not exceed five mills.
"I. The Commissioners of Roads and Revenues are also authorized, in addition to the tax provided in Paragraph H, to appropriate to the Authority such amount from its funds each year as it shall see fit, and any funds so appropriated when paid to the Authority shall be come a part of its funds and may be used by the Authority in accord ance with its 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 obliga tion of the Authority, and any such property, funds or income may be sold under legal process or under any power granted by the Au thority 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 Terrell County and its citizens, industry, agriculture and trade within the County of Terrell, and making long-range plans for such development and expansion and to authorize the use of public funds of Terrell County for such pur poses, 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 procla mation.
"M. The General Assembly may by law further define and pre scribe the powers and duties of the Authority and the exercise thereof, and may enlarge and restrict the same, and may likewise further regulate the management and conduct of the Authority. The Authority shall be an instrumentality of Terrell County, and the scope of its operations shall be limited to the territory embraced within Terrell
800
JOURNAL OF THE HOUSE,
County. The General Assembly shall not extend the jurisdiction of the Authority nor the scope of its operations beyond the limits of Terrell County.
"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 Terrell 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, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
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 create the Terrell County Development Authority and to provide for powers, authority, funds, purposes and procedure connected therewith."
"Against ratification of amendment to the Constitution so as to create the Terrell County Development Authority and to provide for power, 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 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 call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Alien Bagby Ballard Barber Blalock of Coweta Bodenhamer Bolton
Brackin Bradley Brennan Brooks of Fulton Broome Budd Busbee Cagle
Caldwell Callier A. Campbell of
Walker W. Campbell of
Walker Carlisle Carr
THURSDAY, FEBRUARY 13, 1958
801
Carter Cheatham Cheek Coalson Cocke Cowart Craven Crummey Dorminy Duncan Echols Eyler Fellows Floyd Fordham Fowler of Douglas Frazier Fuqua Gowen Green of Rabun Greene of Bartow Griffith Grimsley Gross of Stephens Gross of Dade Gunter Hall of Lee Hardaway Harper Harrison Hawkins Henderson Hendrix Hodges of Ware Hodges of Butts Hogan Holley Holloway Huddleston
Hurst Ingle Johnson Jones of Wayne Jones of Baker Jones of Laurens Kelley Key Kidd Killian Kimmons King Land Larkins Lee Lindsey Lokey Long Love Mackay Mann Martin Matthews Miles Miller of Elbert Mobley Moorman Morris Moss Murphy McClelland McCracken McGibony McWhorter
Neese Newton Nilan Odom Orr
Overby Palmer Parker of Ware Parker of Appling Pelham Perkins Perry Phillips of Columbia Phillips of Walton
Pickard Pickett Ramsey Ray Roberts Rogers of Heard Ross Rutland Short Sivell Smith of Emanuel Smith of Whitfield
Souter Story Summers Tabb Tamplin
Todd Twitty Underwood Walker of Lowndes Walker of Telfair Watson Wells White Wilson Wright of Dodge Yandle Young
On the adoption of the Resolution, the ayes were 138, nays 0.
The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.
HR 426-1070a. By Mr. Helms of Atkinson:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize Atkinson County to levy a tax not to exceed five mills for the purpose of creating a fund to be used in assisting, promoting and encouraging the location of industries in Atkinson County; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
802
JOURNAL OF THE HOUSE,
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1
Article VII, Section IV, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following:
"Atkinson County is hereby authorized to levy a tax in addi tion to those otherwise provided for by law not to exceed five mills 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 Atkinson County. The governing authority of said county shall use such fund in the manner deemed best to accomplish the purpose for which such fund is created."
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, such proposed amendment shall be published and submitted as pro vided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"For ratification of amendment to the Constitution so as to authorize Atkinson County to levy a tax not to exceed five mills for the purpose of creating a fund to be used in assisting, promot ing and encouraging the location of industries in Atkinson County."
"Against ratification of amendment to the Constitution so as to authorize Atkinson County to levy a tax not to exceed five mills for the purpose of creating a fund to be used in assisting, promoting and encouraging the location of industries in Atkinson 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 report of the committee which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the roll call was ordered and the vote was as follows:
THURSDAY, FEBRUARY 13, 1958
803
Those voting in the affirmative were Messrs.:
Adams Alien Bag-by Ballard Barber Blalock of Coweta Bodenhamer Bolton Brackin Bradley Brennan Brooks of Fulton Broome Budd Busbee Cagle Caldwell Callier A. Campbell of
Walker W. Campbell of
Walker Carlisle Carr Carter Cheatham Cheek Coalson Cocke Cowart Craven Crummey Dorminy Duncan Echols Eyler Fellows Floyd Fordham Fowler of Douglas
Frazier
Fuqua
Gowen
Green of Rabun
Greene of Bartow
Griffith
Grimsley
Gross of Stephens Gross of Dade Gunter Hall of Lee Hardaway Harper Harrison Hawkins Henderson Hendrix Hodges of Ware Hodges of Butts Hogan Holley Holloway Huddleston Hurst Ingle Johnson Jones of Wayne Jones of Baker Jones of Laurens Jones of Crawford Kelley Key Kidd Killian Kimmons King Land Larking Lee Lindsey Lokey Long Love Mackay Mann Martin Matthews
Miles
Miller of Elbert
Mobley
Moorman
Morris
Moss
Murphy
McClelland McCracken McGibony McWhorter Neese Newton Nilan Odom Orr Overby Palmer Parker of Ware Parker of Appling Pelham Perkins Perry Phillips of Columbia Phillips of Walton Pickard Pickett Ramsey Ray Roberts Rogers of Heard Ross Rutland Short Sivell Smith of Emanuel Smith of Whitfield Souter Story Summers Tabb Tamplin Todd Twitty Underwood Walker of Lowndes Walker of Telfair
Watson
Wells
White
Wilson
Wright of Dodge
Yandle
Young
On the adoption of the Resolution, the ayes were 138, nays 0.
The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.
804
JOURNAL OF THE HOUSE,
HR 431-1070f. By Messrs. Gowen and Killian of Glynn:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the Brunswick Port Authority to construct, maintain, operate and lease certain facilities; to provide for the submission of this amend ment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1
Article VII, Section VII, Paragraph V of the Constitution, as amended, is amended by inserting at the end of said Paragraph a new paragraph which shall read as follows:
"The Brunswick Port Authority created by virtue of an Act known as the 'Brunswick Port Authority Act,' approved March 8, 1945 (Ga. Laws 1945, p. 1023), as amended, is hereby authorized to con struct, maintain, operate and lease the wharves, docks, ships, piers, quays, elevators, compresses, refrigeration storage plants, warehouses and other structures, including industrial plants, factories, buildings, machinery, equipment and other facilities, the presence of which would result in the increased use of the port of Brunswick, and any and all facilities needful for the convenient use of the same in the aid of commerce, including the dredging of approaches thereto, and the con struction of belt line roads and highways and bridges and causeways therein, and other bridges and causeways necessary or useful in con nection therewith, and shipping facilities and transportation facilities incident thereto nad useful or convenient for the use thereof, including terminal railroads, and also airports, seaplane bases and air trans portation terminals, and such construction, maintenance, operation and leasing to be done under the Brunswick Port Authority Act, approved March 8, 1945 (Ga. Laws 1945, p. 1023), as amended, and as it may hereafter be amended by the General Assembly. Said Brunswick Port Authority may issue revenue bonds under the procedure set out in the Brunswick Port Authority Act, approved March 8, 1945 (Ga. Laws 1945, p. 1023), as amended, or such other procedure as may be deter mined by the General Assembly without regard to uniformity. For the purpose of constructing, maintaining and operating the facilities enum erated in the first sentence of this Section, all actions taken by the Brunswick Port Authority prior to the effective date of this provision of the Constitution are hereby ratified and confirmed in their entirety."
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, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
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
THURSDAY, FEBRUARY 13, 1958
805
authorize the Brunswick Port Authority to construct, maintain, operate and lease certain facilities and to issue revenue bonds for such purposes.
"Against ratification of amendment to the Constitution so as to authorize the Brunswick Port Authority to construct, maintain, operate and lease certain facilities and to issue revenue bonds for such purposes."
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 call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Alien Bagby
Ballard Barber Blalock of Coweta Bodenhamer Bolton Brackin Bradley Brennan Brooks of Fulton Broome Budd Busbee Cagle Caldwell Callier A. Campbell of
Walker W. Campbell of
Walker Carlisle Carr Carter
Cheatham Cheek
Coalson Cocke Cowart
Craven Crummey Dorminy Duncan Echols Eyler Fellows Floyd Fordham Fowler of Douglas Frazier Fuqua Gowen Green of Rabun Greene of Bartow Griffith Grimsley Gross of Stephens Gross of Dade Gunter Hall of Lee Hardaway
Harper Harrison
Hawkins Henderson Hendrix
Hodges of Ware Hodges of Butts Hogan Holley Holloway Huddleston Hurst Ingle Johnson Jones of Wayne Jones of Baker Jones of Laurens Jones of Crawford Kelley Key Kidd Killian Kimmons King Land Larkins Lee
Lindsey Lokey
806
JOURNAL OF THE HOUSE,
Long Love Mackay Mann Martin Matthews Miles Miller of Elbert Mobley Moorman Morris Moss Murphy McClelland McCracken McGibony McWhorter Neese Newton Nilan
Odom Orr Overby Palmer Parker of Ware Parker of Appling Pelham Perkins Perry Phillips of Columbia Phillips of Walton Pickard Pickett Ramsey Ray Roberts Rogers of Heard Ross Rutland Short
Sivell Smith of Emanuel Smith of Whitfield Souter Story Summers Tabb Tamplin Todd Twitty Underwood Walker of Lowndes Walker of Telfair Watson Wells White Wilson Wright of Dodge Yandle Young
On the adoption of the Resolution, the ayes were 138, nays 0.
The Resolution, having received the requisite two-third constitutional ma jority, was adopted.
SR 121. By Senator Dunn of the 8th:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the governing authority of Seminole County to levy and collect a tax for industrial purposes; to provide how the funds derived from said tax shall be invested, managed and used; to submit this amendment to the people 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 Constitu tion of Georgia is hereby amended by adding to the end thereof the following:
"The Board of Commissioners of Roads and Revenues of Semi nole County are authorized to levy a tax not to exceed five mills each year, on all taxable property in the County. Said tax shall be in addition to all other taxes and shall be used exclusively in assisting, prompting and encouraging the location of new indus tries in Seminole County by the purchase of non-interest bearing stock, debentures or Revenue certificates in Seminole Industries, Incorporated, a Georgia corporation with its only offices in Semi nole County. Said corporation shall manage and use such funds to purchase real property and buildings and to construct buildings for sale or lease to industries. The funds received from such sales and leases shall go into a revolving fund for the purpose of purchasing other real property and buildings or constructing build ings to sell or lease to additional industries. Sa:d corporation is
THURSDAY, FEBRUARY 13, 1958
807
authorized to enter into any agreement or contract with any parties, to include any industry, that it deems advisable in the best interests of the County within the scope of this paragraph; provided, however, all acts, agreements and contracts by said cor poration relative to use and management of these funds shall be subject to the approval of the Board of Commissioners of Roads and Revenues of Seminole County. Said corporation shall be en titled to deduct operational expenses, as approved by the afore said Board of Commissioners, from the funds provided for in this paragraph. Said corporation may at any time redeem any stocks, debentures or Revenue certificates issued to Seminole County by paying sa; d county their face value and the funds so paid upon such redemption shall be turned into the general treas ury of the county."
Section 2. When the above proposed amendment to the Constitu tion shall have been agreed to by two-thirds cf 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 proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"For ratification of amendment to the Constitution so as to authorize the Board of Commissioners of Roads and Revenues of Seminole County to levy a tax not to exceed five mills for indus trial purposes through investment in Seminole Industries, Incor porated."
"Against ratification of amendment to the Constitution so as to authorize the Board of Commissioners of Roads and Revenues of Seminole County to levy a tax not to exceed five mills for indus trial purposes through investment in Seminole Industries, Incor porated."
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 call was ordered and the vote was as follows:
808
JOURNAL OF THE HOUSE,
Those voting in the affirmative were Messrs.
Adams Alien Bagby Ballard Barber Blalock of Coweta Bodenhamer Bolton Brackin Bradley Brennan Brooks of Fulton Broome Budd Busbee Cagle Caldwell Callier A. Campbell of
Walker W. Campbell of
Walker Carlisile Carr Carter Cheatham Cheek Coalson Cocke Cowart Craven Crummey Dorminy Duncan Echols Eyler Fellows
Floyd
Fordham
Fowler of Douglas
Frazier
Fuqua
Gowen
Green of Rabun
Greene of Bartow
Griffith
Grimsley
Gross of Stephens Gross of Bade Gunter Hall of Lee Hardaway Harper Harrison Hawkins Henderson Hendrix Hodges of Ware Hodges of Butts Hogan Holley Holloway Huddleston Hurst Ingle Johnson Jones of Wayne Jones of Baker Jones of Laurens Jones of Crawford Kelley Key Kidd Killian Kimmons King Land Larkins Lee Lindsey Lokey Long Love
Mackay
Mann
Martin
Matthews
Miles
Miller of Elbert
Mobley
Moorman
Morris
Moss
Murphy
McClelland McCracken McGibony McWhorter Neese Newton Nilan Odom Orr Overby Palmer Parker of Ware Parker of Appling Pelham Perkins Perry Phillips of Columbia Phillips of Walton Pickard Pickett Ramsey Ray Roberts Rogers of Heard Ross Rutland Short Sivell Smith of Emanuel Smith of Whitfield Souter Story Summers Tabb Tamplin Todd
Twitty
Underwood
Walker of Lowndes
Walker of Telfair
Watson
Wells
White
Wilson
Wright of Dodge
Yandle
Young
On the adoption of the Resolution, the ayes were 138, nays 0.
The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.
THURSDAY, FEBRUARY 13, 1958
809
The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has agreed to the House substitute to the Senate substitute to the following Bill of the House:
HB 696. By Messrs. Kidd and Griffith 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 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 to wit:
SB 207. By Senator Hawes of the 30th:
A Bill to amend the Act creating the State Literature Commission so as to change the definition of obscene literature; to provide for an Executive Secretary; and for other purposes.
SB 250. By Senator McLaughlin of the 3rd:
A Bill to amend the Act creating the City Court of Jesup to provide that rules of procedure, pleading and practice in civil actions now prevailing in or which may hereafter be made applicable to the Supe rior Courts of the State of Georgia shall apply as to all matters per taining to service, pleading, practice and to all proceedings instituted in the City Court of Jesup; and for other purposes.
SB 257. By Senator Stafford of the 47th:
A Bill to amend the Act creating the office of Director Emeritus of the State Board of Workmen's Compensation so as to provide for the office of Deputy Director Emeritus; to define the duties of said office; and for other purposes.
SB 265. By Senator Bentley of the 39th:
A Bill to amend the Act establishing a new charter for the City of Acworth, (Georgia Laws 1903, p. 413), so as to extend the present corporate limits of said city; to provide for taxation; and for other purposes.
SB 270. By Senator Sanders of the 18th:
A Bill to amend the Act relating to Juvenile Courts so as to authorize a Juvenile Court Judge to prescribe confinement of offenders who violate probation; and for other purposes.
810
JOURNAL OF THE HOUSE,
SB 276. By Senator Bentley of the 39th:
A Bill to amend the Act relating to the dormancy of judgments so as to provide for the filing of entries on an execution; and for other purposes.
SB 284. By Senator Coker of the 44th:
A Bill to amend the Act creating a new charter for the City of Linwood, Walker County, so as to change the provisions relating to the composition of the council of said City; and for other purposes.
The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following Bills and Resolutions of the Senate to wit:
SB 285. By Senator Coker of the 44th:
A Bill to amend the Act creating a City Court of Walker County so as to change the provisions relating to exemptions from jury duty; and for other purposes.
SB 286. By Senator Coker of the 44th:
A Bill to amend the Act incorporating the City of LaPayette so as to establish a County Manager form of government; and for other pur poses.
SB 287. By Senator Paris of the 27th:
A Bill to create and establish a joint Airport Authority for the City of Winder and the County of Barrow; and for other purposes.
SR 123. By Senator Pelham of the 7th:
A Resolution proposing an amendment to the Constitution of the State of Georgia so as to authorize the governing authority of Grady County for regulatory and revenue purposes to levy, assess and col lect license fees and occupational taxes from certain persons; and for other purposes.
SR 126. By Senator Paris of the 27th:
A Resolution directing the Joint Income Tax Study Committee to study the advisability of revising the Georgia Income Tax Act to enable a husband and wife to report their income on the same return without an increase in tax liability.
SR 127. By Senator Oxford of the llth:
A Resolution proposing an amendment to the Constitution of the State of Georgia so as to create the Terrell County Development Authority; and for other purposes.
THURSDAY, FEBRUARY 13, 1958
811
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 of the House to wit:
HB 765. By Messrs. Blalock and Lee of Clayton:
A Bill to be entitled an Act to provide for examination for Qualified Electricians in counties having population not less than 22,650 and not more than 23,450; and for other purposes.
HB 806. By Mr. Huddleston of Payette:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Fayetteville, to change hours for holding elections; and for other purposes.
HB 854. By Messrs. Cheatham, Eyler and Brennan of Chatham:
A Bill to be entitled an Act amending and revising the Charter of the Savannah District Authority; and for other purposes.
HB 856. By Messrs. Willis and Chastain of Thomas:
A Bill to be entitled an Act to amend an Act incorporating the City of Coolidge; and for other purposes.
HB 858. By Messrs. Miles, Holley and Fuqua of Richmond:
A Bill to be entitled an Act to amend an Act entitled an Act to establish the City Court of Richmond; and for other purposes.
HB 860. By Messrs. Moss and Story of Gwinnett:
A Bill to be entitled an Act to amend an Act incorporating the Town of Sugar Hill in the County of Gwinnett; and for other purposes.
HB 861. By Mr. Perkins of Grady:
A Bill to be entitled an Act to amend an Act incorporating the City of Cairo, relating to the Mayor; and for other purposes.
HB 884. By Messrs. Cheatham, Eyler and Brennan of Chatham:
A Bill to be entitled an Act to amend an Act incorporating and creat ing a charter for the City of Port Wentworth; and for other pur poses.
HB 870. By Messrs. McClelland, Smith and Brooks of Fulton:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of East Point; and for other purposes.
812
JOURNAL OF THE HOUSE,
The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following Bills of the House to wit:
HB 871. By Messrs. McClelland, Smith and Brooks of Fulton:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of East Point; and for other purposes.
HB 876. By Messrs. Green and Bradley of Bartow, and others:
A Bill to be entitled an Act to amend an Act placing the SolicitorGeneral of the Cherokee Judicial Circuit on a salary; and for other purposes.
HB 878. By Mr. Wright of Dodge:
A Bill to be entitled an Act to amend an Act creating the office of Commissioner of Roads and Revenues for Dodge County; and for other purposes.
HB 879. By Mr. Wright of Dodge:
A Bill to be entitled an Act to amend an Act creating the office of Tax Commissioner of Dodge County; and for other purposes.
HB 880. By Mr. Wright of Dodge:
A Bill to be entitled an Act to amend an Act supplementing the compensation of the Ordinary of Dodge County; and for other pur poses.
HB 887. By Mr. Harrison of Franklin:
A Bill to be entitled an Act to amend an Act creating and establish ing a charter for the City of Carnesville; and for other purposes.
HB 889. By Mr. Rowland of Johnson:
A Bill to be entitled an Act to amend an Act creating a Board of Commissioners of Roads and Revenues for the County of Johnson; and for other purposes.
HB 890. By Messrs. Holley, Fuqua and Miles of Richmond:
A Bill to be entitled an Act to amend an Act relating to county plan ning and zoning commissions in certain counties; and for other pur poses.
HB 893. 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; and for other purposes.
THURSDAY, FEBRUARY 13, 1958
813
HB 895. By Messrs. Roberts and Fellows of Coffee:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Douglas; and for other purposes.
HB 896. By Messrs. Roberts and Fellows of Coffee:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Douglas; and for other purposes.
HB 899. By Messrs. McClelland, M. Smith and Brooks of Fulton:
A Bill to be entitled an Act to amend an Act establishing a new Charter for the City of East Point to exclude certain territory from City limits; and for other purposes.
HB 900. By Messrs. McClelland, M. Smith and Brooks 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 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 905. By Messrs. McClelland, M. Smith and Brooks 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 906. By Messrs. McClelland, M. Smith and Brooks 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 914. By Mr. Ellis of Henry:
A Bill to be entitled an Act to fix the compensation of members of Board of Education of Henry County; and for other purposes.
HB 918. By Mr. Elder of Oconee:
A Bill to be entitled an Act to amend an Act creating Board of Com missioners of Roads and Revenues for Oconee County; and for other purposes.
HB 919. By Mr. Yandle of Toombs:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Vidalia; and for other purposes.
HB 922. By Mr. Coalson of Polk:
A Bill to be entitled an Act incorporating City of Rockmart, to in clude additional territory in city limits; and for other purposes.
814
JOURNAL OF THE HOUSE,
HB 923. By Mr. Grimsley of Cook:
A Bill to be entitled an Act- to amend an Act creating a new charter for the City of Adel, changing corporate limits; and for other purposes.
HB 924. By Mr. Brackin of Seminole:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Donalsonville; and for other purposes.
HB 926. By Messrs. Caldwell and Echols of Upson:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Thomaston, changing present corporate limits; and for other purposes.
HB 927. By Messrs. Caldwell and Echols of Upson:
A Bill to be entitled an Act to amend an Act incorporating City of Silvertown, relating to registration and qualification of voters; and for other purposes.
HB 928. By Messrs. Caldwell and Echols of Upson:
A Bill to be entitled an Act to repeal an Act incorporating City of Silvertown so as to abolish the City Charter; and for other purposes.
HB 929. By Messrs. Caldwell and Echols of Upson:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Thomaston, changing present corporate limits; and for other purposes.
HB 930. By Messrs. Echols and Caldwell of Upson:
A Bill to be entitled an Act to amend an Act incorporating the City of Silvertown providing elective commissioners; providing authoriza tion for a City Manager; 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 Bill of the House to wit:
HB 935. By Mr. Singer of Stewart:
A Bill to be entitled an Act to fix the compensation of Tax Commis sioner in counties having population of not less than 9,135 nor more than 9,210; and for other purposes.
HB 936. By Messrs. McWhorter, Mackay and Rutland of DeKalb:
A Bill to be entitled an Act to amend an Act creating five school Board of Electoral Districts in DeKalb County; and for other purposes.
THURSDAY, FEBRUARY 13, 1958
815
HB 937. By Messrs. McWhorter, Mackay and Rutland of DeKalb:
A Bill to be entitled an Act to amend an Act and known as DeKalb County Pension System Act, providing designation of beneficiaries by members of said pension system; and for other purposes.
HB 940. By Mr. Baughman of Early:
A Bill to be entitled an Act to amend an Act entitled "An Act to create and incorporate City of Blakely"; and for other purposes.
HB 941. By Messrs. Mackay, McWhorter and Rutland of DeKalb:
A Bill to be entitled an Act to amend the City Charter of Doraville; to increase limitation on salary of Chairman of Board of Commis sioners to $75.00 per month; and for other purposes.
HB 942. By Mr. Cheatham of Chatham:
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; and for other purposes.
HB 943. By Mr. Wright of Dodge:
A Bill to be entitled an Act to create a Board of Commissioners of Roads and Revenues for Dodge County; to provide for commissioner districts; and for other purposes.
HB 944. By Mr. Wright of Dodge:
A Bill to be entitled an Act to amend the charter of the City of Eastman, so as to extend the corporate limits; and for other purposes.
HB 417. By Mr. Hall of Floyd:
A Bill to be entitled an Act to amend an Act establishing a retirement system for certain teachers in the public and State supported schools; and for other purposes.
HB 692. By Mr. Overby of Hall:
A Bill to be entitled an Act to authorize and empower the governing authorities of certain counties to license certain auction houses; and for other purposes.
HB 697. By Messrs. Yandle of Toombs, Underwood of Montgomery and others:
A Bill to be entitled an Act to amend an Act relating to the filling of vacancies in the office of county superintendent of schools; 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:
816
JOURNAL OF THE HOUSE,
HB 735. By Messrs. Brennan, Cheatham and Eyler of Chatham:
A Bill to be entitled an Act to amend an Act relating to the State Game and Fish Commission, so as to prohibit the use of power drawn nets for the taking of shrimp; and for other purposes.
HB 736. By Mr. McCracken of Jefferson:
A Bill to be entitled an Act to provide that reciprocal insurers author ized to do business in this State shall have and use a business name; and for other purposes.
HB 760. By Mr. McCracken of Jefferson:
A Bill to be entitled an Act to amend an Act regulating and licensing livestock dealers, so as to delete the licensing fee; and for other pur poses.
HB 874. By Messrs. Miller of Elbert, Palmer of Mitchell and others:
A Bill to be entitled an Act to amend an Act relating to the qualifica tions of applicants for examination to practice Chiropractic; and for other purposes.
The following Resolution of the House was read the third time and adopted:
HR 432-1070g. By Messrs. Hawkins of Screven, Alien and Fordham of Bulloch: A Resolution relative to the State song; and for other purposes.
Under the provisions of HR 291, the Speaker appointed as a Committee of Escort on the part of the House, the following members:
Messrs. Hawkins of Screven, Sheffield of Brooks and Jessup of Bleckley.
Mr. Caldwell of Upson moved that the House reconsider its action in failing to pass the following Bill of the House:
HB 823. By Mr. Caldwell of Upson:
A Bill to be entitled an Act to provide for the maintenance of stand ards of sanitation for food service establishments; and for other purposes.
The motion prevailed, and the House reconsidered its actions in failing to pass HB 823.
Mr. Bodenhamer of Tift moved that the House reconsider its action in failing to pass the following Bill of the House:
HB 57. By Mr. Bodenhamer of Tift: A Bill to be entitled an Act to prohibit the advertisement of spirituous liquors or distilled spirits; and for other purposes.
On the motion to reconsider, the ayes were 60, nays 71.
THURSDAY, FEBRUARY 13, 1958
817
The motion to reconsider was lost.
By unanimous consent, the following Bills and Resolutions of the Senate were read the first time and referred to the committees:
SR 123. By Senator Pelham of the 7th:
A Resolution proposing an amendment to the Constitution so as to authorize the governing authority of Grady County to levy, assess and collect license fees and occupational taxes; and for other purposes.
Referred to Committee on Local Affairs.
SR 126. By Senator Paris of the 27th:
A Resolution directing the Joint Income Tax Study Committee to study the advisability of revising the Ga. Income Tax Act; and for other purposes.
Referred to Committee on State of Republic.
SR 127. By Senator Oxford of the llth:
A Resolution proposing an amendment to the Constitution of the State of Ga. so as to create the Terrell Co. Development Authority; and for other purposes.
Referred to the Committee on Local Affairs.
SB 207. By Senator Hawes of the 30th:
A Bill to be entitled an Act to amend the Act creating the State Litera ture Commission; and for other purposes.
Referred to Committee on Special Judiciary.
SB 250. By Senator McLaughlin of the 3rd:
A Bill to be entitled an Act to amend an Act creating City Court of Jesup to provide rules of procedure, pleading and practice in civil actions now prevailing in or which may hereafter be made applicable to Sup. Courts of State of Ga.; and for other purposes.
Referred to Committee on Local Affairs.
SB 257. By Senator Stafford of the 47th:
A Bill to be entitled an Act to amend the Act creating the office of Director Emeritus of the State Board of Workmen's Compensation so as to provide for the office of Deputy Director Emeritus; and for other purposes.
Referred to Committee on Industrial Relations.
SB 265. By Senator Bentley of the 39th:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Acworth; and for other purposes.
Referred to Committee on Local Affairs.
818
JOURNAL OF THE HOUSE,
SB 270. By Senator Sanders of the 18th:
A Bill to be entitled an Act to amend the Act relating to Juvenile Courts so as to authorize a Juvenile Court Judge to prescribe confine ment of offenders who violate probation; and for other purposes.
Referred to Committee on Judiciary.
SB 276. By Senator Bentley of the 39th:
A Bill to be entitled an Act to amend the Act relating to the dormancy of judgments so as to provide for the filing of entries on an execution; and for other purposes.
Referred to Committee on Judiciary.
SB 284. By Senator Coker of the 44th:
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 Committee on Local Affairs.
SB 285. By Senator Coker of the 44th:
A Bill to be entitled an Act creating a City Court of Walker County so as to change the provisions relating to exemptions from jury duty; and for other purposes.
Referred to Committee on Local Affairs.
SB 286. By Senator Coker of the 44th:
A Bill to be entitled an Act to amend the Act incorporating the City of LaFayette; and for other purposes.
Referred to Committee on Local Affairs.
SB 287. By Senator Paris of the 27th:
A Bill to be entitled an Act to create and establish a joint Airport Authority for the City of Winder; and for other purposes.
Referred to Committee on Local Affairs.
The following report of the Committee on Rules was read and adopted:
February 13, 1958
Mr. Speaker:
Your Committee on Rules met and fixed a calendar for today, Thursday, February 13, 1958 and Friday, February 14, 1958 and submits the following:
HR 321-7721. Compensate Mobley
HB 610.
Pensions, Confederate widows
SB 37.
Laws of descent, person entitled to property
SB 106.
Solicitor-General, O.A.S.I.
THURSDAY, FEBRUARY 13, 1958
819
HB 783. HB 825. HB 782. HB 805. HR 374. HR 394-944a. HR 348-827f. SB 232. HB 983. HB 789. HR 343-827a. HR 404-1005a. HB 803. HB 620. HB 839. HB 846. HB 891. HB 932. HB 960. HR 400-968c. HB 1060. HB 1000. HR 432-1070g. HB 885. HR 409-1005f. HB 902. HB 850. SB 155. SB 224. SB 226. HR 263-662m. HB 790. HB 670. HR 341-806c.
Court of Ordinary, Administration Wife's separate estate (Unfav. rep.) Injuries, loss of hearing Military Forces Act Repeal, Federal Excise Tax Youth Honor Day Sidney Lanier Bridge Old Age Assistance Compensation, Director State Parks Counties, levy taxes Compensate Edwards Code of Georgia Premarital examinations Tags, National Guard Learner's Licenses Guardian as administrator Bond, gasoline distributor Chiropody Sinking fund, bonded debt Land, Warren County Exhibits, agricultural fairs Refunding overpayment of taxes State song Dublin Judicial Circuit, remove Treutlen County Land, Habersham County Abandoned wells, holes Minors, year's support Non-profit Medical Service Act Support, uniform laws Duties, ordinaries and clerks State Merit System rights; explain to employees Employees Retirement System Directors, corporations Koinonia Farms, Investigate
820
JOURNAL OF THE HOUSE,
HR 327-785b. HR 328-785c. HR 331-785f. HR 326-785a. HB 1072. HR 435-1071b. HB 727.
Plaque, Hall of Fame Busts, Hall of Fame Records, Confederate Army Monument, Captain Wirtz Retirement, Ordinary Ordinary, pensions Fishing on Sunday
After this Calendar has been exhausted the Speaker may in his discretion call up any Bill on the General Calendar.
Hawkins of Screven, Vice-Chairman
McCracken of Jefferson, Secretary
Pursuant to Joint Resolution adopted by the House and Senate, the Senate appeared upon the floor of the House and the Joint Session convened for the purpose of hearing a message from Dr. Marshall H. Brucer, 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, and other distinguished persons, Dr. Marshall H. Brucer appeared upon the floor of the House.
The President of the Senate introduced to the members of the General Assembly, Dr. Marshall H. Brucer, Director of the Medical Division at the Oak Ridge Institute of Nuclear Studies, who addressed the members.
Senator Hawes of the 30th moved that the Joint Session be now dissolved, and the motion prevailed.
The President of the Senate announced the Joint Session dissolved.
The Speaker called the House to order.
The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto:
HB 848. By Messrs. Story and Moss of Gwinnett: A Bill to be entitled an Act to incorporate the City of Duluth; and for other purposes.
The following Senate amendment was read:
THURSDAY, FEBRUARY 13, 1958
821
HB 848
DULUTH CHARTER
PROPOSED AMENDMENTS
SECTION 20
Insert in the first sentence, after the comma, following the words "within or without the corporate limits," the following words: "except property of an existing public utility," so that said section, as amended, shall read as follows:
"Be it further enacted by the authority aforesaid, that the mayor and council of said city shall have full power and complete control of the streets, sidewalks, public parks and alleys in said city, and shall have full power and authority to condemn property within or without the corporate limits, except property of an existing public utility, for the purpose of public buildings, parks, cemeteries, water supplies, sewerage, drainage, water systems, gas systems, electric systems, and for laying out new streets, grading, or in any way changing streets, lanes and sidewalks in said city, and for any other public purpose, and the manner of condemning said property shall be that now fixed or hereafter fixed by the laws of this State, for the condemnation of property by municipali ties. And the said mayor and council shall have the right to relocate, change, close, or abandon any street, sidewalk, lane or alley in said city."
SECTION 27
Strike out all reference to electric lights, electricity, wire, electric light, electric and electrical current, so that said section, as amended, shall read as follows:
"Be it further enacted by the authority aforesaid, that said city is authorized to own, use and operate for municipal purposes and for profit a system of waterworks and gas works, both within and without the corporate limits of said city. The mayor and council shall make and enact such ordinances, rules and regula tions regarding the use of the same by the public, and provide by ordinance for the punishment of those who illegally use said water or gas, and who illegally divert same from their proper channels of transmission, or who injure or destroy or permit to be injured or destroyed, any neter, pipe, conduit, line, post, lamp or other apparatus belonging to the city and its water and gas systems, or who prevent a gas or water meter from duly registertering the quantity of gas or water supplied, or in any way inter fere with the proper action or just registration, or, without the consent of the city, divert any gas or water distributed by the city. The police court of said city ihall have the right to punish for the violation of any of the ordinances, rules, and regulations in this section provided, even though said violation should occur outside the territorial limits of said city. The mayor and council may prescribe by ordinance for the issuance of an execution to enforce the collection of any sum due said city for the use of water, gas, or other public utility of the city."
Mr. Story of Gwinnett moved that the House agree to the Senate amend ment to HB 848.
822
JOURNAL OF THE HOUSE,
On the motion to agree, the ayes were 103, nays 0.
The Senate amendment to HB 848 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 782. By Mr. Bagby of Paulding: A Bill to be entitled an Act to amend the Code relating to compensa tion for injuries; 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 124, nays 2.
The Bill, having received the requisite constitutional majority, was passed.
Mr. Carter of Hart arose to a Point of Personal Privileges and addressed the House.
By unanimous consent, the following Resolution of the House was with drawn from further consideration:
HR 474-1129c. By Mr. Nichols of Towns:
A Resolution proposing an amendment to the Constitution so as to provide for staggered terms of the members of the County Board of Education of Towns County; and for other purposes.
Mr. Blalock of Coweta arose to a Point of Personal Privilege and addressed the House.
Under the order of business established by the Committee on Rules, the following Bills and Resolutions of the House and Senate were taken up for consideration and read the third time:
HR 404-1005a. By Mr. Twitty of Mitchell:
A Resolution to adept as a part of the official Code of the State of Georgia the statutory portions of the text of the Code of Georgia Annotated; and for other purposes.
The previous question was ordered.
The main question was ordered.
THURSDAY, FEBRUARY 13, 1958
823
The report of the committee which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 144, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
HB 610. By Messrs. Budd and Walker of Lowndes:
A Bill to be entitled an Act to amend the Code, relating to pensions for Confederate sold ; ers and their widows; 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 783. By Messrs. Payton of Coweta, Orr of Wilkes, Ross of Lincoln, Willingham and Holcombe of Cobb and others:
A Bill to be entitled an Act to provide a procedure in which heirs at law of a deceased owner of real or personal property located in this State, may apply for and obtain from the Court of Ordinary an order finding that no administration or no permanent administration, on the estate of the deceased owner is necessary; 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.
The Bill, having received the requisite constitutional majority, was passed.
HB 846. By Mr. Short of Colquitt: A Bill to be entitled an Act to amend the Code relating to the guardian acting as administrator of the estate of his ward; and for other pur poses.
The previous question was ordered.
The main question was ordered.
824
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 117, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
The following Resolution of the House was read the third time and adopted:
HR 348-827f. By Messrs. Gowen and Killian of Glynn:
A Resolution to request State Toll Bridge Authority to provide annual rates of toll on Sidney Lanier Bridge in order to aid the development of Jekyll Island; and for other purposes.
Under the order of business established by the Committee on Rules, the fol lowing Bills and Resolutions of the House and Senate were taken up for con sideration and read the third time:
HR 400-968c. By Mr. Ray of Warren:
A Resolution authorizing the Governor, to convey certain lands owned by the State Highway Department of Georgia in Warren County to Mrs. W. P. English; 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 128, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
HB 932. By Messrs. Mann of Rockdale, Smith of Fulton and Bagby of Paulding:
A Bill to be entitled an Act to amend the Code, relating to the pro fession of chiropody and the State Board of Chiropody 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 120, nays 0. The Bill, having received the requisite constitutional majority, was passed.
THURSDAY, FEBRUARY 13, 1958
825
HB 1060 By Mr. Smith of Fulton:
A Bill to be entitled an Act to authorize the Commissioner of Agri culture to establish exhibits of Agriculture Fairs so as to exercise and promote the agricultural resources of this 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 122, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HR 341-806c. By Mr. Murr of Sumter:
A Resolution to create a interim committee of the House to investigate and hold hearings related to Koinonia Farms, Inc.; and for other purposes.
The following substitute was read and adopted:
By the Committee
A RESOLUTION
To create an interim Committee of the House for the purpose of studying and drafting prescribed legislation; to define the jurisdiction of said Committee and provide for its organization, compensation, powers and duties; to repeal conflicting laws; and for other purposes.
WHEREAS, it has been brought to the attention of the General Assembly that certain persons, firms and corporations have wilfully destroyed their own property for the purposes hereinafter named, and no specific law or laws prohibit same;
WHEREAS, it has been brought to the attention of the General Assembly that though the Constitution of this State prohibits peonage there are no criminal penalties for the same in this State, and the laws of other forms of involuntary servitude are incomplete; and
WHEREAS, the income and sales tax laws governing the opera tion of farms by cooperatives appear to allow unjust exemptions;
NOW THEREFORE BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF GEORGIA AS FOLLOWS:
SECTION 1
There is hereby created an interim Committee of the House, to be composed of five (5) members of the House, to be appointed by the Speaker thereof. Said Committee shall convene as soon as possible after adjournment of the General Assembly and organize by electing a Chairman.
826
JOURNAL OF THE HOUSE,
SECTION 2
Said Committee shall study the need or lack of need for laws on the following subjects:
(a) Laws making criminal or otherwise prohibiting persons, firms or corporations from engaging in the wilful destruction of their own property, so as (1) to encourage riots, tumults, unlawful assemblies, and (2) to engender hate so as to inflict libel upon citizens and law enforcement officers of this state, and (3) to defraud other persons out of money and other contributions, gifts and donations on the basis of such covert, self-inflicted acts and injuries;
(b) The income and sales tax laws, as respects exemptions al lowed by law, and the desirability of rendering same or the closing of any existing loopholes, as respects the operation of farms by cooperatives; and,
(c) Criminal or other statutes, making criminal or otherwise pro hibiting or penalizing peonage or any form of involuntary servitude, or any other laws of like character regulating the relationship of employer and employee.
SECTION 3
Each member of the Committee shall receive the same per diem compensation plus expenses and allowances provided by law for service on interim committees, not to exceed fifteen (15) days, except that the Speaker may grant additional time upon unanimous recommendation of the Committee upon proper cause and need shown.
SECTION 4
Unless continued in effect by law, the Committee shall complete its investigations and make its report, together with any recommenda tions as to legislation, to the 1959 session of the General Assembly.
SECTION 5
All laws and parts of laws in conflict herewith are hereby repealed.
The previous question was ordered.
The main question was ordered.
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 Bagby Ballard Barber Barrett Baughman
Birdsong Blalock of Coweta Blalock of Clayton Bodenhamer Boggs Bolton
Brackin Bradley Brennan Brooks of Oglethorpe Brooks of Fulton Broome
THURSDAY, FEBRUARY 13, 1958
827
Budd Busbee Caldwell Carter Chastain Cheatham Cheek Cloud Cocke Cowart Craven Dorminy Duncan Echols Eyler Ployd Flynt Fowler of Douglas Fowler of Treutlen Frazier Gowen Green of Rabun Gross of Stephens Hall of Floyd Hall of Lee Hardaway Harper Harrison Hodges of Ware Hogan Holloway Huddleston Hurst
Ingle Johnson Jones of Lumpkin Jones of Baker Jones of Laurens Jones of Sumter Jones of Crawford Kelley Kennedy Kidd Killian Kimmons King Lam Lancaster Lanier Lee Lindsey Long Mann Martin Matthews Miller of Elbert Mobley Moorman Morris Murphy Murr Musgrove McClelland McGibony McWhorter Neese
Newton Nichols Nilan Orr Parker of Appling Pelham Perkins Perry Phillips of Walton Raulerson Ray Rodgers of Charlton Rogers of Heard Ross Scoggin Sivell Smith of Lamar Smith of Fulton Summers Tabb Tamplin Tarpley Taylor Todd Underwood Veal Walker of Lowndes Wells White Willis Winkle Wright of Floyd
On the adoption of the resolution, by substitute, the ayes were 116, nays 0.
The Resolut: on, having received the requisite constitutional majority, was adopted, by substitute.
The following Resolution of the House was read the third time and adopted:
HR 374. By Messrs. Moate of Hancock and Jessup of Bleckley:
A Resolution memorializing the Congress of the United States to enact Legislation providing for the repeal of the Federal Excise Tax upon the transportation of passengers and freight; and for other purposes.
Under the order of business established by the Committee on Rules, the fol lowing- Bills and Resolutions of the House and Senate were taken up for con sideration and read the third time:
HB 789. By Mr. Hawkins of Screven:
A Bill to be entitled an Act to amend the Code relating to the purpose for which counties may levy taxes; and for other purposes.
828
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.
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 Ballard Barber Baughman Birdsong Black Blalock of Coweta Blalock of Clayton Bodenhamer Brennan Brooks of Oglethorpe Brooks of Pulton Broome Budd Burkhalter Busbee Caldwell A. Campbell of
Walker W. Campbell of
Walker Carr Carter Chastain Cheatham Cheek Cowart Craven Crummey Duncan Eyler Floyd Fowler of Douglas Gowen Green of Rabun Greene of Bartow Griffith
Hall of Floyd Hall of Lee Hardaway Harper Harrison Hodges of Ware Hogan Holley Holloway Ingle Johnson Jones of Wayne Jones of Worth Jones of Lumpkin Jones of Baker Jones of Laurens Jones of Crawford Kelley Kennedy Kidd Killian Kimmons Lancaster Lanier Lee Long Mackay Mann Martin Matthews Miles Mobley Moorman Morris Moss Murphy Murr Musgrove
McClelland McGibony Newton Nilan Orr Pelham Perkins Perry Raulerson Rodgers of Charlton Rogers of Heard Rowland Russell Scoggin Sheffield Short Smith of Lamar Smith of Fulton Smith of Whitfield
Story Summers Tabb Tamplin Tarpley Taylor Truelove Underwood Veal Walker of Lowndes White Willis Winkle Wright of Floyd Wright of Dodge Yandle
Those voting in the negative were Messrs.:
Brackin Dorminy
Fowler of Treutlen Fuqua
Phillips of Walton
THURSDAY, FEBRUARY 13, 1958
829
On the passage of the Bill, the ayes were 109, nays 5.
The Bill, having received the requisite constitutional majority, was passed.
HB 803. By Mr. Killian of Glynn:
A Bill to be entitled an Act to amend an Act relating to premarital examinations; 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.:
Adams Alien Bagby Ballard Barber Baughman Birdsong Black Blalock of Coweta Blalock of Clayton Bodenhamer Bolton Brackin Bradley Brennan Brooks of Oglethorpe Brooks of Fulton Broome Budd Burkhalter Busbee Caldwell A. Campbell of
Walker W. Campbell of
Walker Carr Carter Chastain Cheatham Cheek Coalson Cowart Craven
Dorminy Duncan Echols Eyler Floyd Flynt Fordham Fowler of Douglas Fowler of Treutlen Frazier Fuqua Gowen Green of Rabun Greene of Bartow Griffith Hall of Floyd Hall of Lee Hardaway Harrison Hodges of Ware Holley Holloway Ingle Johnson Jones of Lumpkin Jones of Baker Jones of Laurens Jones of Sumter Jones of Crawford Kelley Kennedy Killian Kimmons Lam
Lancaster Lanier Larkins Lee Lindsey Long Mackay Mann Martin Matthews Miles Moobley Moorman Morris Moss Murphy Murr Musgrove McClelland McGibony Newton Orr Parker of Appling Pelham Perkins Perry Peters Pickett Raulerson
Ray Rodgers of Charlton Rogers of Heard Ross Russell
830
JOURNAL OF THE HOUSE,
Scoggin Sheffield Smith of Lamar Smith of Whitfield Story Summers Tabb
Tamplin Tarpley Taylor Todd Truelove Underwood Veal
Walker of Lowndes Weems Willis Winkle Wright of Floyd Wright of Dodge
On the passage of the Bill, the ayes were 120, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 885. By Messrs. Jones and Hogan of Laurens, Fowler of Treutlen, Miller of Twiggs, and Rowland of Johnson:
A Bill to be entitled an Act to provide that the County of Treutlen shall become a part of 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 roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Alien Bagby Ballard Barber Baughman Birdsong Black Blalock of Coweta Blalock of Clayton Bodenhamer Bolton Brackin. Brennan Brooks of Oglethorpe Brooks of Fulton Broome Budd Burkhalter Busbee Caldwell Carr Carter Chastain Cheatham Cheek Coalson Cowart
Craven Duncan Echols Elder Eyler Floyd Flynt Fordham Fowler of Douglas Fowler of Treutlen Frazier Fuqua Gowen Green of Rabun Greene of Bartow Griffith Gross of Stephens Hall of Floyd Hall of Lee Hardaway Harrison Helms Hodges of Ware Hogan Holley Holloway Ingle Johnson
Jones of Lumpkin Jones of Baker Jones of Laurens Jones of' Crawford Kelley Kennedy Killian Kimmons Lam Lancaster Land Lanier Larkins Lee Lindsey Long Mackay Mann Martin Matthews Miles Mobley Moorman Morris Moss Murphy Murr Musgrove
THURSDAY, FEBRUARY 13, 1958
831
McClelland McGibony Newton Nilan Orr Parker of Appling Pelham Perkins Perry Peters Phillips of Walton Pickett Raulerson
Ray Rodgers of Charlton Rogers of Heard Ross Scoggin Sheffield Short Sivell Smith of Larnar Smith of Whitfield Story Summers Tamplin
Tarpley Taylor Todd Truelove Veal Walker of Lowndes Weems Wells Winkle Wright of Floyd Wright of Dodge
Voting in the negative was Mr. Underwood.
On the passage of the Bill, the ayes were 121, nays 1.
The Bill, having received the requisite constitutional majority, was passed.
HB 620. By Mr. McKenna of Bibb, Floyd of Chattooga, Ingle of Gordon and Summers of Crisp:
A Bill to be entitled an Act to amend an Act providing for the issuance of special motor vehicle license tags to the members of the Georgia National Guard; and for other purposes.
Mr. Jones of Lumpkin moved that further consideration of HB 620 be post poned until tomorrow morning, February 14, 1958.
The motion prevailed, and the Bill was postponed.
SB 232. By Senators Sammons of the 34th, McGarity of the 35th, Garrett of . the 53rd, Crawford of the 1st and Hill of the 54th:
A Bill to be entitled an Act to amend an Act known as The Old Age Assistance 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 roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Alien Bagby Ballard
Barber Baughman Birdsong Black
Blalock of Coweta Blalock of Clayton Bodenhamer Bolton
832
JOURNAL OF THE HOUSE,
Brackin Bradley Brennan Brooks of Oglethorpe Broome Budd Burkhalter Busbee Caldwell A. Campbell of
Walker W. Campbell of
Walker Carr Carter Chastain Cheatham Cheek Coalson Cowart Craven Dorminy Echols Elder Ellis Eyler Fellows Floyd Fordham Fowler of Douglas Fowler of Treutlen Frazier Freeman Gowen Green of Rabun Greene of Bartow Griffith Gross of Stephens Hall of Floyd Hall of Lee Harper Harrison
Helms Henderson Hodges of Ware Hogan Holley Holloway Ingle Johnson Jones of Worth Jones of Lumpkin Jones of Laurens Jones of Sumter Jones of Crawford Kelley Kennedy Key Killian Kimmons Lancaster Land Lanier Lee Lokey Long Mackay Mann Martin Matthews Miles Miller of Elbert Mobley Moorman Morris
Moss Murphy Murr Musgrove McClelland McCracken McGibony Newton Nichols
Nilan Orr Parker of Pike Parker of Appling Pelham Perkins Perry Peters Phillips of Columbia Phillips of Walton Pickett Raulerson Ray Roberts Rodgers of Charlton Rogers of Heard
Ross Rowland Rutland Scoggin Sivell Smith of Lamar Smith of Fulton Smith of Whitfield Smith of Bryan
Souter Story Summers Tamplin Taylor Todd Truelove Twitty Underwood Veal Walker of Lowndes
Weems Wells Winkle Wright of Floyd Wright of Dodge Yandle
On the passage of the Bill, the ayes were 136, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
H-B 850. By Mr. Jones of Laurens:
A Bill to be entitled an Act to amend an Act relating to the right of a minor to a years' support; and for other purposes.
The previous question was ordered.
The main question was ordered.
THURSDAY, FEBRUARY 13, 1958
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 126, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
SB 224. By Senator Crawford of the 1st:
A Bill to be entitled an Act to improve and extend by reciprocal legis lation the enforcement of duties of support and make uniform laws with respect thereto; 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 124, 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 Agriculture:
HR 475. By Messrs. Harper of Gilmer, Kelley of Dawson, Green of Rabun and others:
A Resolution to urge the Congress of the United States to enact an investigation of the policies and actions of the United States Forest Service; and for other purposes.
Under the order of business established by the Committee on Rules, the following Bills and Resolution of the House were taken up for consideration and read the third time:
HB 891. By Messrs. Moate of Hancock, Twitty of Mitchell, Jessup of Bleckley, Hawkins of Screven, and Sheffield of Brooks:
A Bill to be entitled an Act to amend the Code, relating to the bond required by a licensed distributor of motor fuel; and for other pur poses.
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 130, nays 0.
834
JOURNAL OF THE HOUSE,
The Bill, having received the requisite constitutional majority, was passed.
The Clerk was directed to correct the amendment that had been adopted by the House to HB 874.
HB 1000. By Mr. McClelland of Pulton:
A Bill to be entitled an Act to amend the Code of Georgia, which provides a method for refunding overpayment of taxes; 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.:
Adams Bagby Ballard Barber Baughman Birdsong Black Blalock of Coweta Blalock of Clayton Bodenhamer Bolton Brackin Brennan Brooks of Oglethorpe Brooks of Fulton Broome Burkhalter Busbee W. Campbell of
Walker Carlisle Carr Carter Cheatham Cheek Coalson Cowart Craven Crummey Duncan Elder Ellis
Eyler Fellows Flynt Fordham Fowler of Treutlen Frazier Freeman
Fuqua Gowen Green of Rabun Greene of Bartow Griffith Gross of Stephens Hall of Lee Harper Harrison Hogan Holley Holloway Ingle Johnson Jones of Worth Jones of Lumpkin Jones of Laurens Jones of Sumter Jones of Crawford Kelley Kennedy Key Kidd Kimmons Lancaster
Lanier Lee Lokey Love Mackay Martin Matthews Miles Miller of Elbert Mobley Moorman Morris Moss Murphy Murr McClelland McCracken McGibony McKenna Newton Nichols Nilan Orr Parker of Ware Parker of Appling Pelham Perry Peters Pettey Phillips of Columbia Ray Reed
THURSDAY, FEBRUARY 13, 1958
835
Roberts Rodgers of Charlton Rogers of Heard Ross Scoggin Sheffield Short Smith of Emanuel Smith of Lamar
Smith of Whitfield Smith of Bryan Story Summers Tamplin Tarpley Taylor Todd Truelove
Twitty Underwood Veal Walker of Lowndes Wells Wilson Winkle Wright of Dodge Yandle
On the passage of the Bill, the ayes were 122, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 839. By Messrs. Ray of Warren and Jones of Lumpkin:
A Bill to be entitled an Act to amend an Act creating a Department of Public Safety; and for other purposes.
The following amendment was read and adopted:
Mr. Brooks of Fulton moves to amend HB 839 by changing the period at the end thereof after the word chauffeur to a comma and add thereafter the following language:
"Provided further that any incorporated municipality of this State may designate such areas in said municipalities where said learners are prohibited from so operating said vehicles."
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 135, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
HB 960. By Messrs. Brennan, Cheatham and Eyler of Chatham:
A Bill to be entitled an Act to provide that all amounts collected in a sinking fund pursuant to the provisions of the Constitution, shall be deducted from total bonded debt in order to compute the constitutional limitations on the bonded indebtedness of a political subdivision of this State under the provisions of the Constitution; and for other purposes.
The previous question was ordered.
The main question was ordered.
836
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 4.
The Bill, having received the requisite constitutional majority, was passed.
Under the order of business established by the Committee on Rules, the following Bill of the Senate was again taken up for consideration.
SB 155. By Senator Holder of the 48th and Roper of the 41st:
A Bill to be entitled an Act to amend the Nonprofit Medical Service Act of 1950; 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 1.
The Bill, having received the requisite constitutional majority, was passed.
Under the order of business established by the Committee on Rules, the following Bills and Resolutions of the House were taken up for consideration and read the third time:
HR 409-1005f. By Messrs. Bodenhamer and Morris of Tift:
A Resolution authorizing the Governor to sell certain land in Habersham 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.:
Alien Ballard Barber B:rdsong Blalock of Coweta Blalock of Clayton
Bodenhamer Bolton Brooks of Oglethorpe Brooks of Pulton Broome Burkhalter
Busbee Carlisle Carr Carter Chastain Cheatham
THURSDAY, FEBRUARY 13, 1958
837
Cheek Coalson Dorminy Elder Ellis Eyler Fellows Floyd Flynt Fordham Fowler of Treutlen Freeman Green of Rabun Greene of Bartow Griffith Gross of Stephens Hall of Lee Hardaway Harrison Hawkins Henderson Hogan Holloway Ingle Johnson Jones of Worth Jones of Baker Jones of Laurens Jones of Crawford Kelley Kennedy Key Kimmons
Lam Lancaster Land Lanier Lee Lindsey Long Love Mann Martin Matthews Miles Miller of Twiggs Miller of Elbert Mobley Moorman Morris Moss Murphy McClelland McGibony McKenna Newton Nichols Orr Parker of Pike Parker of Ware Parker of Appling Payton Pelham Perkins Perry Peters
Pettey Phillips of Columbia Raulerson Ray Reed Roberts Rodgers of Charlton Rogers of Heard Rowland Rutland Scoggin Sivell Smith of Emanuel Smith of Lamar Smith of Fulton Smith of Whitfield Smith of Bryan Souter Story Summers Tabb Tamplin Tarpley Taylor Todd Twitty Underwood Watson Weems Willis Wilson Winkle Wooten
On the adoption of the Resolution, the ayes were 117, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
HB 1072. By Mr. Twitty of Mitchell:
A Bill to be entitled an Act to provide for retirement benefits for the 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, the roll call was ordered and the vote was as follows:
838
JOURNAL OF THE HOUSE,
Those voting in the affirmative were Messrs.:
Alien Bagby
Ballard Barber Birdsong Black Blalock of Coweta Blalock of Clayton Bodenhamer Bolton Bradley Brooks of Oglethorpe Brooks of Pulton Broome Busbee Carlisle Carr Carter Chastain Cheatham Cheek Craven Dorminy Duncan Elder Ellis Eyler Ployd Flynt Fordham Fowler of Douglas Fowler of Treutlen Frazier Freeman Greene of Bartow Griffith Gross of Stephens Hall of Floyd Hall of Lee Hardaway Harrison
Hawkins Henderson Hodges of Ware Hogan Johnson Jones of Wayne Jones of Worth Jones of Baker Jones of Laurens Jones of Crawford Kelley Kennedy Key Kimmons King Lam Lancaster Land Lanier Lindsey Love Mann Martin Miles Miller of Elbert Mobley Moorman Morris Moss Murphy McClelland McCracken McGibony McKenna McWhorter Newton Nichols Nilan Orr Parker of Pike Parker of Ware
Parker of Appling Payton Pelham Perry Peters Pettey Phillips of Columbia Pickett Ray Rodgers of Charlton Rogers of Heard Ross Rowland Russell Rutland Scoggin Sheffield Sivell Smith of Emanuel Smith of Lamar Smith of Fulton Smith of Whitfield Smit hof Bryan Souter Story Summers Tabb Tamplin Tarpley Todd Truelove Twitty Underwood Watson Wells Willis Winkle Wooten Wright of Floyd
On the passage of the Bill, the ayes were 122, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 902. By Mr. Barber of Jackson:
A Bill to be entitled an Act to provide that it shall be unlawful for the owner or person in possession of land in any county of this State to have or maintain an abandoned open well or hole; and for other purposes.
THURSDAY, FEBRUARY 13, 1958
839
By unanimous consent, further consideration of HB 902 was postponed until Monday morning, February 17, 1958.
HB 983. By Mr. Jessup of Bleckley:
A Bill to be entitled an Act to change the compensation of the Director of the Department of 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 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.:
Bagby Ballard Barber Barrett Birdsong Bodenhamer Boggs Bolton Bradley Brennan Brooks of Oglethorpe Brooks of Fulton Broome Budd Burkhalter Caldwell Carter Chastain Cheatham Cloud Cocke Cowart Craven Duncan Eyler Floyd Fordham Fowler of Douglas
Gowen Green of Rabun Griffith Gunter Hall of Floyd Hall of Lee Hardaway
Harper Harrison Hawkins Helms Hogan Holcombe Huddleston Ingle Irvin Johnson Jones of Worth Jones of Lumpkin Jones of Baker Jones of Laurens Jones of Sumter Jones of Crawford Kelley Kennedy Key Kidd Killian Kimmons King Lancaster Land Lanier Lokey Mackay Mann Martin Matthews Miles Miller of Twiggs Mobley Morris
Moss Murphy McCracken McGibony Newton Nichols Orr Overby Parker of Pike Parker of Ware Parker of Appling Payton Perkins Peters Raulerson Ray Reed Rodgers of Charlton Rogers of Heard Ross Rowland Scoggin Sheffield Sivell Smith of Emanuel Smith of Lamar Smith of Whitfield Souter Story Tabb Tamplin Tarpley Taylor Todd Twitty
840
JOURNAL OF THE HOUSE,
Underwood Veal Watson Wells
Willis Winkle Wooten Wright of Floyd
Wright of Dodge Yandle
Those voting in the negative were Messrs. Carlisle and Wilson.
On the passage of the Bill, the ayes were 115, nays 2.
The Bill, having received the requisite constitutional majority, was passed.
Mr. Hawkins of Screven moved that the House do now adjourn until 10:00 o'clock, a.m., tomorrow morning, and the motion prevailed.
The Speaker announced the House adjourned until 10:00 o'clock tomorrow morning.
FRIDAY, FEBRUARY 14, 1958
841
Representative Hall, Atlanta, Georgia Friday, February 14, 1958
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 Ira B. Faglier, Pastor of First Baptist Church, Ashburn, Georgia.
By unanimous consent, the call of the roll was dispensed with.
Mr. Black of Webster, Chairman of the committee on Auditing, Enrolling & Engrossing, 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.
2. First reading and reference of House Bills and Resolutions.
3. Reports of standing committees.
4. Second reading of Bills and Resolutions.
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 1130. By Mr. Ramsey of Effingham:
A Bill to be entitled an Act to incorporate the City of Pineora, and for other purposes.
Referred to the Committee on Local Affairs.
HB 1131. By Messrs. Hawkins of Screven, Jessup of Bleckley, Walker of Lowndes, Kidd of Baldwin and Broome of Bacon:
A Bill to be entitled an Act to create a State Insurance Fund Com mission; and for other purposes.
Referred to the Committee on State of Republic.
842
JOURNAL OF THE HOUSE,
HB 1132. By Mr. Broome of Bacon:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Alma; and for other purposes.
Referred to the Committee on Local Affairs.
HB 1133. By Messrs. McClelland, M. Smith and Brooks 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.
Referred to the Committee on Local Affairs.
HB 1134. By Mr. Busbee of Dougherty:
A Bill to be entitled an Act to amend an Act which provided for the coverage of certain officers and employes of the State and political subdivisions under the Old Age and Survivors Insurance, so as to make provisions relative to the coverage of Judges of the Court of Appeals; and for other purposes.
Referred to the Committee on Welfare.
HB 1135. By Mr. Lanier of Candler:
A Bill to be entitled an Act known as the "Georgia Seed Law," so as to define plant; to prohibit the misrepresentation of the count or variety of such plants; and for other purposes.
Referred to the Committee on Agriculture.
HB 1136. By Messrs. McClelland and Brooks of Fulton:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Atlanta; and for other purposes.
Referred to the Committee on Local Affairs.
HB 1137. By Messrs. Brooks and McClelland 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.
Referred to the Committee on Local Affairs.
HB 1138. By Messrs. Matthews and Stephens of Clarke:
A Bill to be entitled an Act to amend an Act establishing a City Court in the County of Clarke; and for other purposes.
Referred to the Committee on Local Affairs.
HB 1139. By Messrs. Lanier of Candler, Smith of Emanuel and Yandle of Toombs:
A Bill to be entitled an Act to amend an Act abolishing the fee system
FRIDAY, FEBRUARY 14, 1958
843
as applied to the office of Solicitor General in the Superior Courts of the Middle Judicial Circuit; and for other purposes.
Referred to the Committee on Local Affairs.
HB 1140. By Mr. Sheffield of Brooks:
A Bill to be entitled an Act to amend an Act to create a new charter for the City of Quitman; and for other purposes.
Referred to the Committee on Local Affairs.
HB 1141. By Messrs. Jessup of Bleckley and Bolton of Spalding:
A Bill to be entitled an Act to amend an Act relating to the amount of taxes which a municipal corporation may levy for ordinary current expenses; and for other purposes.
Referred to the Committee on Rules.
HB 1142. By Messrs. Craven and Duncan of Carroll:
A Bill to amend an Act to establish a charter for the City of Bowden, approved August 12, 1910, and all Acts amendatory thereto; to amend the charter of said city of Bowden so as to give the mayor and council thereof the right, in their discretion, to elect a recorder and fix the compensation; and for other purposes.
Referred to the Committee on Local Affairs.
HR 476-1142a. By Mr. McClelland of Fulton:
A Resolution providing for a commission to study and investigate pension and retirement laws affecting teachers in the Atlanta Public School System and Fulton County; and for other purposes.
Referred to the Committee on Local Affairs.
HR 477-1142b. By Mr. Willingham of Cobb: A Resolution to compensate Mrs. Susan S. Hale and Mr. W. M. Hale.
Referred to the Committee on Appropriations.
HB 1143. By Messrs. McClelland, Brooks and M. Smith of Fulton:
A Bill to be entitled an Act to amend an Act to create a Civil Service Board in Fulton County; and other purposes.
Referred to the Committee on Local Affairs.
HR 478-1143a. By Mr. Sivell of Harris:
A Resolution to relieve T. G. Harmon, the security on an Appearance Bond; and for other purposes.
Referred to the Committee on Judiciary.
844
JOURNAL OF THE HOUSE,
HB 1144. By Mr. Rowland of Johnson:
A Bill to be entitled an Act to amend an Act incorporating the City of Wrightsville; so as to change the corporate limits; and for other pur poses.
Referred to the Committee on Local Affairs.
HB 1145. By Messrs. McClelland, M. Smith and Brooks of Fulton:
A Bill to he entitled an Act to amend an Act establishing a new charter for the City of Atlanta relating to legal holidays; and for other purposes.
Referred to the Committee on Local Affairs.
HB 1146. By Messrs. M. Smith, Brooks of Fulton and McClelland of Fulton:
A Bill to be entitled an Act to amend an Act providing retirement benefits and pensions for employees of Fulton County, so as to provide how former employees who have credit for at least 15 year's service may qualify for retirement benefits and pensions; and for other pur poses.
Referred to the Committee on Local Affairs.
By unanimous consent, the following committee reports were submitted and read:
Mr. Scoggin of Floyd County, Chairman of the Committee on Appropri ations, submitted the following report: Mr. Speaker:
Your Committee on Appropriations has had under consideration the fol lowing Resolutions of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HR 417-1044d. Do Pass. HR 448-1109g. Do Pass. HR 445-1109d. Do Pass. HR 344-827b. Do Pass. HR 429-1070d. Do Pass.
Respectfully submitted, Scoggin of Floyd,
Chairman.
Mr. Freeman of Monroe 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
FRIDAY, FEBRUARY 14, 1958
845
following Bills of the Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
SB 259. Do Pass.
SB 258. Do Pass.
Respectfully submitted,
Freeman of Monroe,
Chairman.
Mr. Floyd of Chattooga County, Chairman of the Committee on Defense and Veterans Affairs, has submitted the following report:
Mr. Speaker:
Your Committee on Defense and Veterans Affairs has had under considera tion the following Resolutions of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HE 439. Do Pass.
HR 440. Do Pass.
Respectfully submitted,
Floyd of Chattooga,
Chairman.
Mr. Smith of Bryan County, Chairman of the Committee on Hygiene and Sanitation, submitted the following report:
Mr. Speaker:
Your Committee on Hygiene and Sanitation has had under consideration the following Bill of the House and has instructed me as Chairman, to report the same back to the House with the following recommendation:
HB 1102. Do Pass.
Respectfully submitted,
Smith of Bryan,
Chairman.
Mr. Wooten of Randolph County, Vice-Chairman of the Committee on High ways, submitted the following report:
Mr. Speaker:
Your Committee on Highway has had under consideration the following Bills and Resolutions of the House and Senate and has instructed me as ViceChairman, to report the same back to the House with the following recom mendations :
SB 256. Do Pass.
SB 193. Do Pass.
HB 1034. Do Pass with Committee Amendment.
846
JOURNAL OF THE HOUSE,
HR 330-785e. Do Pass. HB 176. Do Pass.
Respectfully submitted, Wooten of Randolph, 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 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 888. Do Pass as Substitute.
SB 266. Do Pass.
Respectfully submitted,
Russell of Barrow,
Chairman.
Mr. Twitty of Mitchell County, Chairman of the Committee on Judiciary, submitted the following report:
Mr. Speaker:
Your Committee on Judiciary 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 recommendation:
HR 467. Do Pass. Respectfully submitted,
Twitty of Mitchell,
Chairman.
Mr. Short of Colquitt County, Chairman of the Committee on Local Affairs, submitted the following report:
Mr. Speaker:
Your Committee on Local Affairs has had under consideration the following Bills and Resolutions of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 1073. Do Pass.
HB 1074. Do Pass.
HB 1075. Do Pass.
HB 1076. Do Pass.
HB 1077. Do Pass.
FRIDAY, FEBRUARY 14, 1958
847
HB 1078. Do Pass. HB 1079. Do Pass. HB 1080. Do Pass. HB 1081. Do Pass. HB 1082. Do Pass. HB 1083. Do Pass. HB 1085. Do Pass. HB 1087. Do Pass. HB 1088. Do Pass. HB 1091. Do Pass. HB 1092. Do Pass. HB 1093. Do Pass. HB 1094. Do Pass. HB 1095. Do Pass. HB 1096. Do Pass. HB 1097. Do Pass. HB 1099. Do Pass. HB 1100. Do Pass. HB 1103. Do Pass. HB 1108. Do Pass. HB 1109. Do Pass. HR 442-1109a. Do Pass. HR 443-1109b. Do Pass. HR 444-1109c. Do Pass. HR 455-1109n. DoPass, by Substitute.
Respectfully submitted, Short of Colquitt, Chairman.
Mr. Stephens of Clarke 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-
848
JOURNAL OF THE HOUSE,
lowing Bill of the Senate and has instructed me as Chairman, to report the same back to the House with the following recommendation:
SB 247. Do Pass. Respectfully submitted, Stephens of Clarke, Chairman.
Mr. Overby of Hall 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 Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
SR 47. Do Pass. SB 225. Do Pass. SR 94. Do Pass. SB 203. Do Pass. SB 205. Do Pass. SR 111. Do Pass. SB 211. Do Pass.
Respectfully submitted, Overby of Hall, Chairman.
Mr. Souter of Macon County, Chairman of the Committee on State Institu tions and Property, submitted the following report:
Mr. Speaker:
Your Committee on State Institutions and Property has had under considera tion the following Resolutions of the Senate and House and has instructed me as Chairman, to report the same back to the House with the following recom mendations :
SR 120. Do Pass.
SR 91. Do Pass.
HR 383-909b. Do Pass.
HR 382-909a. Do Pass.
Respectfully submitted, Souter of Macon, Chairman.
FRIDAY, FEBRUARY 14, 1958
849
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 1106. Do Pass.
Respectfully submitted,
Blalock of Clayton,
Chairman.
Mr. Veal of Putnam County, Chairman of the Committee on Welfare, sub mitted the following report:
Mr. Speaker:
Your Committee on Welfare has had under consideration the following Resolution of the House and has instructed me as Chairman, to report the same back to the House with the following recommendation:
HR 422. Do Pass.
Respectfully submitted,
Veal of Putnam,
Chairman.
By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time:
HB 1110. By Messrs. Hawkins of Screven and Bodenhamer of Tift:
A Bill to be entitled an Act to declare the policy of the State with regard to education of children; prescribe duties of boards of education of counties and independent school districts with respect to encourage ment of attendance; and for other purposes.
HB 1111. By Messrs. Bodenhamer and Morris of Tift:
A Bill to be entitled an Act to amend the charter of the City of Tifton; to alter, relocate, and redefine the corporation limits; and for other purposes.
HB 1112. By Messrs. Bodenhamer and Morris of Tift:
A Bill to be entitled an Act to amend the charter of the City of Tifton; and for other purposes.
HR 456-1112a. By Mr. Bodenhamer and Morris of Tift:
A Resolution proposing an amendment to the Constitution so as to create a body corporate and politic to be known as the Tifton-Tift County Development Authority; and for other purposes.
850
JOURNAL OF THE HOUSE,
HB 1113. By Messrs. Fuqua, Holley and Miles of Richmond:
A Bill to be entitled an Act to amend an Act to abolish justice courts and the office of Justice of the Peace and Notary Public ex officio justice of the Peace and the office of Constable in the City of Augusta; and for other purposes.
HB 1114. By Mr. Fowler of Treutlen:
A Bill to be entitled an Act to provide for the compensation of the Judge and Solicitor of the City Court of Soperton; and for other purposes.
HB 1115. By Mr. Fowler of Treutlen:
A Bill to be entitled an Act to amend an Act creating the office of County Tax Commissioner of Treutlen County; and for other purposes.
HB 1116. By Mr. Fowler of Treutlen:
A Bill to be entitled an Act to change from the fee to the salary system in the County of Treutlen the Clerk of the Superior Court, the Ordinary and the Sheriff; and for other purposes.
HB 1117. By Messrs. Budd and Walker of Lowndes:
A Bill to be entitled an Act to provide that the Sheriffs of certain coun ties shall be paid on a fee basis for all services rendered in the Superior Court of such counties; and for other purposes.
HR 459-1117a. By Mr. Barber of Jackson:
A Resolution proposing an amendment to the Constitution so as to change the provisions relative to the method of amending the Constitu tion; and for other purposes.
HR 460-1117b. By Messrs. Cheatham, Eyler and Brennan of Chatham:
A Resolution proposing an amendment to the Constitution so as to limit the authority of the fiscal authority of Chatham County to levy a tax for the support and maintenance of education; and for other purposes.
HR 461-1117c. By Mr. Truelove of White:
A Resolution to designate a certain bridge as the "Roy Head Bridge"; and for other purposes.
HR 462-1117d. By Mr. Truelove of White:
A Resolution to designate a certain bridge as the "Earl Nix Bridge"; and for other purposes.
HR 463-1117e. By Messrs. Moss and Story of Gwinnett: A Resolution to compensate Lloyd Tatum; and for other purposes.
FRIDAY, FEBRUARY 14, 1958
851
HB 1118. By Mr. Fowler of Douglas:
A Bill to be entitled an Act to amend an Act relating to resident huntand fishing licenses, so as to require a resident fishing license to fish in the salt waters as well as the fresh waters of any county; and for other purposes.
HB 1119. By Mr. McClelland of Fulton:
A Bill to be entitled an Act to amend an Act relating to the abolition of Justice courts and the office of Justice of the Peace and of Notary Public Ex Officio Justice of the Peace in certain counties; and for other purposes.
HB 1120. By Messrs. McClelland and Brooks of Fulton:
A Bill to be entitled an Act to amend an Act to supplement the salaries of Judges of the Superior Court of Fulton County; and for other purposes.
HR 465-1120a. By Mr. Bradley of Bartow: A Resolution to compensate Charlie E. King; and for other purposes.
HR 466-1120b. By Messrs. McClelland and Brooks of Fulton:
A Resolution proposing an amendment to the Constitution relating to the qualifications of Justices, Judges, etc., and relating to Judges Emeritus; and for other purposes.
HB 1121. By Mr. M. 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 in certain counties; and for other purposes.
HB 1122. By Messrs. Moate of Hancock, Hawkins of Screven and Jessup of Bleckley:
A Bill to be entitled an Act to govern the admission of students to the University of Georgia and all of its branches as to age; and for other purposes.
HB 1123. By Mr. Jones of Laurens: ,A Bill to be entitled an Act to provide for the distribution of property set aside as a year's support to a widow or to a minor child; and for other purposes.
HB 1124. By Mr. Bagby of Paulding: A Bill to be entitled an Act to amend an Act incorporating the Mayor and Aldermen (Council) of the City of Dallas; and for other purposes.
HB 1125. By Messrs. Rutland, Mackay and McWhorter of DeKalb: A Bill to be entitled an Act to amend an Act to fix, prescribe and
852
JOURNAL OP THE HOUSE,
establish compensation and or salaries of the elective county officials of and in the County of DeKalb; and for other purposes.
HB 1126. By Messrs. McWhorter, Mackay and Rutland of DeKalb:
A Bill to be entitled an Act to amend an Act creating and establishing a Civil Court of DeKalb County; and for other purposes.
HB 1127. By Messrs. McWhorter, Mackay and Rutland of DeKalb:
A Bill to be entitled an Act to amend the city charter of Doraville, so as to redefine the corporate limits; and for other purposes.
HB 1128. By Mr. Burkhalter of Tattnall:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Glennville; and for other purposes.
HB 1129. By Messrs. McClelland, Brooks and M. Smith of Fulton:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of College Park; to prescribe its limits; and for other purposes.
HR 472-1129a. By Mr. Love of Catoosa:
A Resolution proposing an amendment to the Constitution so as to provide a Board of Tax Administrators for Catoosa County; and for other purposes.
HR 473-1129b. By Mr. Truelove of White:
A Resolution authorizing the Governor to provide funds for school purposes in hardship cases in White County; and for other purposes.
SR 123. By Senator Pelham of the 7th:
A Resolution proposing an amendment to the Constitution so as to authorize the governing authority of Grady County to levy, assess and collect license fees and occupational taxes; and for other purposes.
SR 126. By Senator Paris of the 27th:
A Resolution directing the Joint Income Tax Study Committee to study the advisability of revising the Ga. Income Tax Act; and for other purposes.
SR 127. By Senator Oxford of the llth:
A Resolution proposing an amendment to the Constitution of the State of Ga. so as to create the Terrell County Development Authority; and for other purposes.
SB 207. By Senator Hawes of the 30th:
A Bill to be entitled an Act to amend the Act creating the State Litera ture Commission; and for other purposes.
FRIDAY, FEBRUARY 14, 1958
853
SB 250. By Senator McLaughlin of the 3rd:
A Bill to be entitled an Act to amend an Act creating City Court of Jesup to provide rules of procedure, pleading and practice in civil actions now prevailing in or which may hereafter be made applicable to Superior Courts of State of Georgia; and for other purposes.
SB 257. By Senator Stafford of the 47th:
A Bill to be entitled an Act to amend the Act creating the office of Director Emeritus of the State Board of Workmen's Compensation so as to provide for the office of Deputy Director Emeritus; and for other purposes.
SB 265. By Senator Bentley of the 39th:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Acworth; and for other purposes.
SB 270. By Senator Sanders of the 18th:
A Bill to be entitled an Act to amend the Act relating to Juvenile Courts so as to authorize a Juvenile Court Judge to prescribe confine ment of offenders who violate probation; and for other purposes.
SB 276. By Senator Bentley of the 39th:
A Bill to be entitled an Act to amend the Act relating to the dormancy of judgments so as to provide for the filing of entries on an execution; and for other purposes.
SB 284. By Senator Coker of the 44th:
A Bill to be entitled an Act to amend an Act creating a new charter for the Town of Linwood; and for other purposes.
SB 285. By Senator Coker of the 44th:
A Bill to be entitled an Act creating a City Court of Walker County so as to change the provisions relating to exemptions from jury duty; and for other purposes.
SB 286. By Senator Coker of the 44th:
A Bill to be entitled an Act to amend the Act incorporating the City of LaFayette; and for other purposes.
SB 287. By Senator Paris of the 27th:
A Bill to be entitled an Act to create and establish a joint Airport Authority for the City of Winder; and for other purposes.
By unanimous consent, the following Resolutions of the House and Senate, favorably reported, were read the second time:
854
JOURNAL OF THE HOUSE,
SR 47. By Senator Brown of the 52nd:
A Resolution to create a Joint Welfare Study Committee; and for other purposes.
HR 422. By Mr. Broome of Bacon:
A Resolution to establish Alma as the emergency Capital of Georgia; and for other purposes.
HR 467. By Messrs. Gowen of Glynn and Twitty of Mitchell:
A Resolution proposing an interpretation of Code Section 38-711 by the Legislature; and for other purposes.
By unanimous consent, the following Bill of the Senate was taken up for consideration and read the third time:
SB 52. By Senator Brown of the 52nd, and Senator Sammon 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 following amendment was read and adopted:
Mr. McClelland of Fulton moves to amend SB 52 by substituting for Secton 1 of said Act the following new Section 1:
"Section 1. An Act known as the Voters' Registration Act, which affected a complete revision of the laws of this State relating to the registration of voters, approved February 25, 1949 (Ga. Laws 1949, p. 1204), as amended by an Act approved February 8, 1950, (Ga. Laws 1950, p. 126) and an Act approved February 4, 1952 (Ga. Laws 1952, p. 12), is hereby amended by adding at the end of Section 13 the following:
'In any county in which there is located all or part of a city having a population of 300,000 or more, according to the United States Census of 1950 or any future United States Census, the Commissioners of Roads and Revenues of said County, in addition to the tax collector's or tax commissioner's office, may designate the City Hall in any incorporated municipality or municipalities other than the county seat that they deem necessary or desirable in order to obtain the registration of voters of such county and for this purpose shall station proper personnel and provide a suffi cient supply of registration cards at such designated places.'
so that, when so amended, Section 13 shall read as follows:
"Section 13. The registrars shall keep said registration cards at the tax collector's or tax commissioner's office, where one or more of their number, or one or more of their deputies, shall be stationed for the purpose of taking applications for registration. The presence of any such official shall not be required except at such times as said office is open at regular hours. In any county in which there is located all or part of a city having a population of 300,000 or more, according to the United States Census of 1950 or any future United States Census, the Commissioners of Roads
FRIDAY, FEBRUARY 14, 1958
855
and Revenues for said County, in addition to the tax collector's or tax commissioner's office, may designate the City Hall in any incorporated municipality or municipalities other than the county seat that they deem necessary or desirable in order to obtain the registration of voters of such county and for this purpose shall station proper personnel and provide a sufficient supply of registra tion cards at such designated places."
The report of 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.
The following Resolutions of the House were read the second time and adopted:
HR 439. By Messrs. Floyd of Chattooga, Ingle of Gordon, Smith of Whitfield, Fellows of Coffee, and Murr of Sumter:
A Resolution to urge that the Congressional and Senatorial Delegations of the State of Georgia at Washington exert their every effort to have the Veterans Administration Hospital at Dublin adequately financed and staffed that it may be opened to its full capacity; and for other purposes.
HR 440. By Messrs. Floyd of Chattooga, Ingle of Gordon, Smith of Whitfield, Fellows of Coffee, McKenna of Bibb and Murr of Sumter:
A Resolution to urge our Congressional and Senatorial Delegations at Washington to exert their influence and every effort toward having a new hospital of sufficient bed capacity constructed in the North Georgia area; and for other purposes.
The following Resolution of the House was read and referred to the Com mittee on State of Republic:
HR 479. By Mr. Pelham of Schley:
A RESOLUTION
To create a handling of the House to study matters relating to traffic safety; and for other purposes.
WHEREAS, a committee was created at the 1957 Session of the General Assembly to study traffic safety and laws relating thereto; and
WHEREAS, the committee made a study of the situation and filed a report with the General Assembly; and
WHEREAS, there were many matters which the committee was unable to study in the time allotted to it and many situations have arisen during this session which call for further study.
856
JOURNAL OF THE HOUSE,
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that a committee is hereby created to be com posed of five members of the House to be appointed by the Speaker of the House, for the purpose of studying all matters relative to traffic safety and all laws relative and applicable thereto, including motor vehicle safety responsibility, compulsory insurance and other matters and laws relative to motor vehicles. The committee shall meet within sixty days after the adjournment of the General Assembly for the purpose of electing a chairman and such other officers as deemed ad visable. The committee is authorized to employ clerical help and obtain such materials and supplies as deemed advisable in the performance of its duties. The committee is authorized to call upon the Bill Drafting Unit of the Attorney General's office to assist it in the performance of its duties. The members receive the compensation, per diem, allow ances and expenses authorized for members of interim committees. The committee shall make a report of its findings and recommendations to the 1959 Session of the General Assembly of Georgia on or before January 15, 1959, and the committee shall stand abolished as of that date. Such report shall be accompanied by such legislation as the com mittee deems desirable. The committee shall be allotted thirty (30) working days for the purpose of its study.
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 686. By Messrs. Cheatham of Chatham, Barber of Jackson and others: A Bill to be entitled an Act to provide for a system of junior colleges in this State; and for other purposes.
HB 799. By Messrs. Broome of Bacon, Hawkins of Screven and others: A Bill to be entitled an Act to provide for a method of retraction of libelous statements made by newspapers; and for other purposes.
HB 873. By Messrs. Bolton and Lindsey of Spalding and others: A Bill to be entitled an Act to amend an Act providing a salary for the official court report of the Griffin Judicial Circuit; and for other purposes.
HB 909. By Messrs. Alien and Fordham of Bulloch: A Bill to be entitled an Act to amend an Act incorporating the Town of Portal; and for other purposes.
HB 925. By Mr. Adams of Evans: A Bill to be entitled an Act creating and incorporating City of Claxton; and for other purposes.
FRIDAY, FEBRUARY 14, 1958
857
HR 269. By Messrs. Greene and Bradley of Bartow:
A Resolution proposing amendment to the Constitution to provide for election of County School Superintendent of Bartow County; and for other purposes.
HR 340. By Mr. Hurst of Quitman:
A Resolution to authorize the conveyance of certain property to the Town of Georgetown; and for other purposes.
HR 359. By Messrs. McClelland, Brooks and Smith of Fulton:
A Resolution proposing an amendment to the Constitution so as to authorize the governing authority of the City of East Point to appro priate public funds; and for other purposes.
HR 360. By Messrs. McClelland, Brooks and Smith of Fulton:
A Resolution proposing an amendment to the Constitution so as to authorize the City of East Point to issue and sell revenue anticipation obligations; and for other purposes.
HR 362. By Mr. Fowler of Douglas:
A Resolution proposing an amendment to the Constitution so as to provide for the issuance of bonds for road purpose in Douglas County; and for other purposes.
HR 363. By Messrs. Carlisle, McKenna and Wilson of Bibb:
A Resolution proposing an amendment to the Constitution to create and abolish municipal or county or combined governments within the limits of Bibb County; and for other purposes.
HR 364. By Mr. Jones of Wayne:
A Resolution proposing an amendment to the Constitution so as to provide for the election of the members of the Board of Education of Wayne County by the people; 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:
HR 368. By Mr. Kennedy of Turner:
A Resolution proposing an amendment to the Constitution so as to provide for the election of members of the Board of Education of Turner County by the people; and for other purposes.
HR 378. By Mr. Broome of Bacon:
A Resolution proposing an amendment to the Constitution to provide
858
JOURNAL OF THE HOUSE,
for election of members of Board of Education of Bacon County; and for other purposes.
HE 380. By Mr. Jones of Lumpkin:
A Resolution proposing an amendment to the Constitution to provide for issuance of bonds for school purposes in Lumpkin County; and for other purposes.
HR 390. By Messrs. Holloway and Busbee of Dougherty:
A Resolution proposing an amendment to the Constitution to create Albany Dougherty Payroll Development Authority as Constitutional authority and public corporation; and for other purposes.
HR 392. By Mr. Roughton of Washington:
A Resolution proposing an amendment to the Constitution providing for election of members of Board of Education of Washington County; and for other purposes.
SB 236. By Senator Peters of the 36th:
A Bill to require universities, colleges, business, normal and professional schools to obtain a certificate of approval from the State Board of Education as a condition precedent to obtaining a corporate charter with authority to confer degrees or issue diplomas; and for other pur poses.
SB 237. By Senator Peters of the 36th:
A Bill to amend the Act creating the Minimum Foundation Program of Education in Georgia, so as to provide for a method of revoking certifi cates of teachers and others for good and sufficient cause; and for other purposes.
SB 289. By Senator Crawford of the 1st:
A Bill to amend the Act incorporating the Town of Thunderbolt, Chat ham County, Georgia, so as to provide for a recorder's court; and for other purposes.
SB 295. By Senator Paris of the 27th:
A Bill to amend the Act providing a new charter for the City of Winder, Barrow County, Georgia, so as to enlarge the corporate limits; 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:
FRIDAY, FEBRUARY 14, 1958
859
SR 130. By Senator Dunn of the 8th: A Resolution authorizing and directing that action be taken to cause the removal of building restrictions from deeds by the Federal Govern ment to certain property adjacent to the Jim Woodruff Reservoir; and for other purposes.
SR 137. By Senator Hill of the 54th:
A Resolution calling for a joint session of the General Assembly for the purpose of hearing an address by the Hon. Richard B. Russell on February 17, 1958, at eleven o'clock A.M.; and for other purposes.
SR 138. By Senator Ellard of the 31st, Cox of the 50th and Langdale of the 6th:
A Resolution to continue a committee to study ways and means of promoting the location of industires in Georgia; and for other purposes.
SB 288. By Senator Crawford of the 1st:
A Bill to provide for the compensation of the Ordinary of Chatham County; and for other purposes.
SB 294. By Senators Kelley of the 10th and Bentley of the 39th: A Bill to amend the Act providing for coverage of certain officers of political subdivisions under the Old Age and Survivors Insurance pro visions of the Federal Social Security Act so as to provide coverage of Judges of the Court of Appeals under said Act; and for other purposes.
The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has passed by subsitute the following Bill of the House to wit:
HB 781. By Mr. Miller of Elbert:
A Bill to be entitled an Act to amend an Act incorporating the City of Elberton, to authorize the City Tax Assessors to employ outside personnel to assist in assessing and appraising the property of said city; and for other purposes.
The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has passed as amended the following Bills and Resolutions of the House to wit:
HR 270. By Messrs. Brooks of Oglethorpe, Stephens of Clarke and others:
A Resolution to authorize and direct the Budget Bureau to provide funds necessary to construct a building for the purpose of storing valuable records of the State; and for other purposes.
860
JOURNAL OP THE HOUSE,
HB 708. By Messrs. Moate of Hancock, Hawkins of Screven and others: A Bill to be entitled an Act to amend an Act creating the Peace Officers' Annuity and Benefit Fund; and for other purposes.
HB 911. By Messrs. Holloway and Busbee of Dougherty: A Bill to be entitled an Act to create the Albany Dougherty Payroll Development Authority; and for other purposes.
The following message was received from the Senate through Mr. Stewart, the Secretary thereof: Mr. Speaker:
The Senate has agreed to the House amendment to the following Bill of the Senate to wit:
SB 16. By Senator Sanders of the 18th: A Bill to be entitled an Act to delimit the effect of "Open-End" clauses appearing in mortgages or deeds conveying realty as security for a debt; 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 147. By Senator Pelham of the 7th: A Resolution welcoming the President of the United States to the State of Georgia; and for other purposes.
The following Resolution of the House was read and referred to the Com mittee on State of Republic:
HR 480. By Messrs. Ellis of Henry, Truelove of White, Echols of Upson, Lee of Clayton, Jones of Lumpkin, and Wilson of Bibb:
A RESOLUTION
Creating a committee of the House to study ways and means of effecting economies in the State government; and for other purposes.
WHEREAS, it is desirable and necessary that economy be prac ticed in the State government in order that public tax funds be utilized as efficiently as possible, and
WHEREAS, it is incumbent upon the General Assembly to prove its good faith to the people of this State in order that the people will know that for every dollar paid into the State treasury they are re ceiving its full value in efficient and economical services and benefits, and
WHEREAS, it is imperative that a study be made in order to
FRIDAY, FEBRUARY 14, 1958
861
ascertain the best possible ways and means to effectuate economies in the State government, and
WHEREAS, it is desirable that the Governor, the General Assembly and the public be made cognizant of any methods by which economies may be effected,
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that a committee of the House is hereby created to study methods and ways and means of effecting economies in the State government. Said committee shall be composed of five members of the House, to be appointed by the Speaker. Said committee shall have the power and authority to hold hearings, to issue subpoenas and any and all other powers necessary to carry out the purposes and pro visions of this Resolution. Every official and employee of the State shall cooperate with the committee and the committee shall have access to all records of all State departments for the purpose of this study. The committee shall adopt its own rules of procedure. The committee shall make a report of its finding and recommendations to the Governor and the General Assembly and the public at least one month prior to the convening of the regular 1959 Session of the General Assembly. The committee is hereby authorized to employ clerical assistance to assist it in its study. The committee is also authorized to call upon the Bill Drafting Unit in the Attorney General's office to assist it in the performance of its duties. The committee is authorized to obtain such supplies, materials and other equipment as will enable it to per form its duties. The members of the committee shall receive the com pensation, per diem, allowances and expenses as provided for members of interim committees. All funds necessary to carry out the purposes and provisions of this Resolution shall come from funds appropriated to the legislative branch of the government, or any other available funds. The committee shall meet within 20 days after the adjournment of this session on a day to be agreed upon by a majority of the mem bers, for the purpose of organizing and electing a chairman and such other officers as deemed necessary.
Mr. Lee of Clayton moved that the House do now adjourn until 10:00 o'clock, a.m., Monday morning, February 17, 1958, and the motion prevailed.
The Speaker Pro Tempore announced the House adjourned until 10:00 o'clock, Monday morning.
862
JOURNAL OF THE HOUSE,
Representative Hall, Atlanta, Georgia. Monday, February 17, 1958.
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 Edward Welch, Pastor of Macedonia Church, Jackson, Georgia.
The roll was called and the following members answered to their names:
Adams Alien Bagby Ballard Barber Barrett Baughman Birdsong Black Blalock of Coweta Blalock of Clayton Bodenhamer Boggs Brackin Brennan Brooks of Oglethorpe Brooks of Fulton Broome Budd Burkhalter Busbee Caldwell Callier A. Campbell of
Walker W. Campbell of
Walker Carlisle Carr Carswell Carter Cheatham Cheek Cloud Coalson Cocke Cowart Craven Crummey Denmark Duncan Echols Elder Ellis
Eyler Floyd Fordham Fowler of Douglas Fowler of Treutlen Frazier Freeman Fuqua Gowen Green of Rabun Griffith Grimsley Gross of Stephens Gross of Dade Gunter Hall of Floyd Hall of Lee Hardaway Harper Harrison Helms Henderson Hill Hodges of Ware Hodges of Butts Hogan Holcombe Holley Holloway Huddleston Hurst Ingle Irvin Jessup Johnson Jones of Wayne Jones of Worth Jones of Lumpkin Jones of Baker Jones of Laurens Jones of Sumter Kelley Kennedy Key
Kidd Killian Kimmons King Lam Lancaster Land Larkins Lee Lindsey Lokey Long Lott Love Mackay Mann Martin Matthews Miles Miller of Elbert Mobley Moorman Morris Moss Mull Murphy Murr Musgrove McClelland McCracken McGibony McWhorter Neese Newton Nichols Odom Orr Overby Palmer Parker of Pike Parker of Ware Parker of Appling Payton Pelham
MONDAY, FEBRUARY 17, 1958
863
Perkins
Perry Peters Pettey Phillips of Columbia Phillips of Walton Pickett Ramsey Raulerson Ray Reed Roberts Rodgers of Charlton Ross Russell Scoggin
Sheffield Short Singer Sivell Smith of Forsyth Smith of Emanuel Smith of Lamar Smith of Fulton Smith of Whitfield Smith of Bryan Souter Stephens Story Summers Tabb Tamplin
Tarpley Taylor Truelove Twitty Underwood Veal Walker of Lowndes Watson Weems White Willingham Wilson Wooten Wright of Floyd Wright of Dodge Yandle
Mr. Black of Webster, Chairman of the Committee on Auditing, Enrolling & Engrossing, 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 busi ness during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions.
3. Reports of Standing Committees. 4. Second reading of Bills and Resolutions. 5. Third reading and passage of local Bills and general Bills with local
application. 6. First reading and reference of Senate Bills and Resolutions.
By unanimous consent, the following Bills and Resolutions of the House were read the first time and referred to the committees:
HB 1147. By Mr. Souter of Macon:
A Bill to be entitled an Act to repeal an Act incorporating the Town of Spalding in Macon, County; and for other purposes.
Referred to the Committee on Local Affairs.
HB 1148. By Mr. Fowler of Douglas:
A Bill to be entitled an Act to repeal an Act providing for zoning in Douglas County; and for other purposes.
Referred to the Committee on Local Affairs.
864
JOURNAL OF THE HOUSE,
HB 1149. By Messrs. Cheatham, Brennan and Eyler of Chatham:
A Bill to be entitled an Act to amend the charter of the City of Savan nah, so as to allow the registration book for voters to be closed in time to allow preparation of the voters list; and for other purposes.
Referred to the Committee on Local Affairs.
HB 1150. By Mr. Alien of Bulloch:
A Bill to be entitled an Act to amend an Act providing for a salary in lieu of fees for the Clerk of the Superior Court in certain counties; and for other purposes.
Referred to the Committee on Local Affairs.
HB 1151. By Mr. Alien of Bulloch:
A Bill to be entitled an Act to amend an Act creating the City Court of Statesboro; and for other purposes.
Referred to the Committee on Local Affairs.
HB 1152. By Messrs. Stephens and Matthews of Clarke:
A Bill to be entitled an Act to amend an Act creating the office of Com missioner of Roads and Revenues of Clarke County; and for other purposes.
Referred to the Committee on Local Affairs.
HB 1153. By Messrs. Moss and Story of Gwinnett:
A Bill to be entitled an Act to amend the charter of the Town of Sugar Hill, providing for the levy of ad valorem taxes; and for other pur poses.
Referred to the Committee on Local Affairs.
HB 1154. By Messrs. Greene and Bradley of Bartow:
A Bill to be entitled an Act to amend an Act creating the office of Commisioner of Roads and Revenues of Bartow County; and for other purposes.
Referred to the Committee on Local Affairs.
HB 1155. By Messrs. Brooks, M. Smith and McClelland of Fulton:
A Bill to be entitled an Act to amend an Act providing that in certain cities, provisions for pensions for members of the Fire Department shall be made; and for other purposes.
Referred to the Committee on Local Affairs.
HB 1156. By Messrs. M. Smith, McClelland and Brooks of Fulton:
A Bill to be entitled an Act to establish Local Education Commission in Atlanta and Fulton County; and for other purposes.
Referred to the Committee on Local Affairs.
MONDAY, FEBRUARY 17, 1958
865
HB 1157. 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; to define the rights and powers of the municipality"; and for other purposes.
Referred to the Committee on Local Affairs.
HB 1158. By Messrs. McClelland, Brooks and M. Smith of Fulton:
A Bill to be entitled an Act to amend an Act abolishing the fee sys tem existing in the Superior Court of the Atlanta Judicial Circuit as applied to the office of the Solicitor General; and for other pur poses.
Referred to the Committee on Local Affairs.
HB 1159. By Messrs. Carlisle, Wilson and McKenna of Bibb: A Bill to be entitled an Act to amend an Act creating a new charter for the City of Macon, relating to the Jurisdiction of Recorder's Court; and for other purposes.
Referred to the Committee on Local Affairs.
HR 481-1159a. By Mr. Morris of Tift: A Resolution to clarify certain designations of routes on the Jefferson Davis Highway; and for other purposes.
Referred to the Committee on Highways.
HB 1160. By Messrs. Carlisle and Wilson of Bibb: A Bill to be entitled an Act to amend an Act re-enacting the charter of the City of Macon, so as to change the compensation of the Mayor and Aldermen; and for other purposes.
Referred to the Committee on Local Affairs.
HB 1161. By Mr. Murphy of Haralson: A Bill to be entitled an Act to provide an additional term of the Superior Court in Haralson County; and for other purposes.
Referred to the Committee on Local Affairs.
HB 1162. 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.
Referred to the Committee on Local Affairs.
HB 1163. By Mr. Murphy of Haralson: A Bill to be entitled an Act to authorize the paving and improving
866
JOURNAL OP THE HOUSE,
of streets within the City limits of the City of Bremen; and for other purposes.
Referred to the Committee on Local Affairs.
HB 1164. By Mr. Murphy of Haralson:
A Bill to be entitled an Act to authorize the government authority of the City of Bremen, to change the hours for holding elections; and for other purposes.
Referred to the Committee on Local Affairs.
HB 1165. By Mr. Murphy of Haralson:
A Bill to be entitled an Act to consolidate the offices of Tax Receiver and Tax Collector of Haralson County into the office of Tax Com missioner of Haralson County; and for other purposes.
Referred to the Committee on Local Affairs.
HR 482-1165a. By Messrs. Wilson, McKenna and Carlisle of Bibb:
A Resolution proposing an amendment to the Constitution so as to authorize the Mayor and Council to enact and administer ordinances, rules and regulations establishing standards and procedure for deter mining whether any building or structure in said City is unsafe or unfit for human habitation; and for other purposes.
Referred to the Committee on Local Affairs.
HB 1166. By Messrs. Carlisle, McKenna and Wilson 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 Local Affairs.
HB 1167. By Mr. Gross of Stephens:
A Bill to be entitled an Act to amend an Act creating a Board of Commissioners of Roads and Revenues in the County of Stephens; and for other purposes.
Referred to the Committee on Local Affairs.
HR 483-1167a. By Messrs. Hall and Scoggin of Floyd: A Resolution to compensate Charles Barnett; and for other purposes.
Referred to the Commmittee on Appropriations.
HB 1168. By Mr. Newton of Colquitt:
A Bill to be entitled an Act to provide for the distribution of the $250,000.00 bonus for the first oil well in Georgia; and for other purposes.
Referred to the Committee on State of Republic.
MONDAY, FEBRUARY 17, 1958
867
HB 1169. By Mr. Mull of Fannin:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Blue Ridge, so as to change the maximum ad valorem tax rate which may be levied; and for other purposes.
Referred to the Committee on Local Affairs.
HB 1170. By Mr. Mull of Fannin:
A Bill to be entitled an Act to amend an Act creating the office of Commissioner of Roads and Revenues of Fannin County; and for other purposes.
Referred to the Committee on Local Affairs.
HB 1171. By Mr. Mull of Fannin;
A Bill to be entitled an Act to amend an Act relating to the limitation of ad valorem taxation by municipal corporations, so as to provide that the City of Blue Ridge shall not be affected by certain provisions; and for other purposes.
Referred to the Committee on Local Affairs.
HB 1172. By Mr. Mull of Fannin:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Blue Ridge, so as to change the maximum ad valorem tax rate which may be levied by the mayor and councilmen of said City; and for other purposes..
Referred to the Committee on Local Affairs.
HB 1173. 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.
Referred to the Committee on State Institutions and Property.
HB 1174. By Messrs. Jones of Lumpkin and Truelove of White:
A Bill to be entitled an Act to amend an Act relating to the State Game and Fish Commission, so as to authorize fishing without a license in streams within the county of residence with worms or cut or dead bait; and for other purposes.
Referred to the Committee on Natural Resources.
HB 1175. By Mr. Matthews of Clarke:
A Bill to be entitled an Act to amend an Act creating the State Board of Pardons and Paroles, so as to provide that information shall be obtained by the Board as to whether every person, who may become subject to any relief which may be within the power of the Board to grant, was represented by an appointed or an employed attorney at the trial where such person was convicted; and for other purposes.
Referred to the Committee on State Institutions and Property.
868
JOURNAL OF THE HOUSE,
HB 1176. By Mr. Love of Catoosa:
A Bill to be entitled an Act to amend an Act creating the office of Commissioner of Roads and Revenues for the County of Catoosa; and for other purposes.
Referred to the Committee on Local Affairs.
By unanimous consent, the following committee reports were submitted and read:
Mr. Fowler of Douglas County, Chairman of the Committee on Agriculture, submitted the following report:
Mr. Speaker:
Your Committee on Agriculture 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 484. Do Pass.
Respectfully submitted,
Fowler of Douglas,
Chairman.
Mr. Fowler of Douglas County, Chairman of the Committee on Agriculture, submitted the following report:
Mr. Speaker:
Your Committee on Agriculture has had under consideration the following
Bill and Resolution of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HR 447-1109f. Do Pass.
HB 1135. Do Pass.
Respectfully submitted,
Fowler of Douglas,
Chairman.
Mr. Smith of Emanuel County, Vice-Chairman of the Committee on Appro priations, submitted the following report:
Mr. Speaker:
Your Committee on Appropriations has had under consideration the fol lowing Resolution of the House and has instructed me as Vice-Chairman, to report the same back to the House with the following recommendation:
HR 419-1044f. Do Pass as amended.
Respectfully submitted,
Smith of Emanuel,
Vice-Chairman.
MONDAY, FEBRUARY 17, 1958
869
Mr. Scoggin of Floyd County, Chairman of the Committee on Appropria tions, submitted the following report: Mr. Speaker:
Your Committee on Appropriations has had under consideration the fol lowing Resolutions of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HR 450-1109L Do Pass. HR 449-1109h. Do Pass. HR 477-1142b. Do Pass. HR 316-772g. Do Pass as amended. HR 434-1071a. Do Pass as amended. HR'9-7b. Do Pass as amended.
Respectfully submitted, Scoggin of Floyd, Chairman.
Mr. Scoggin of Floyd County, Chairman of the Committee on Appropria tions, 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 1057. Do Pass,
Respectfully submitted,
Scoggin of Floyd,
Chairman.
Mr. Scoggin of Floyd County, Chairman of the Committee on Appropria tions, submitted the following report:
Mr. Speaker:
Your Committee on Appropriations has had under consideration the fol lowing Resolutions of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HR 16-18a. Do Pass as amended.
HR 408-1005e. Do Pass as amended.
HR 58-148e. Do Pass.
Respectfully submitted,
Scoggin of Floyd,
Chairman.
870
JOURNAL OP THE HOUSE,
Mr. Smith of Bryan County, Chairman of the Committee on Hygiene and Sanitation, submitted the following report:
Mr. Speaker:
Your Committee on Hygiene and Sanitation has had under consideration the following Bill of the House and has instructed me as Chairman, to report the same back to the House with the following recommendation:
HB 1064. Do Pass as amended. Respectfully submitted, Smith of Bryan,
Chairman.
Mr. Tarpley of Union County, Vice-Chairman of the Committee on Indus try, submitted the following report:
Mr. Speaker:
Your Committee on Industry 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 180. Do Pass. Respectfully submitted, Tarpley of Union, Vice-Chairman.
Mr. Rowland of Johnson County, Chairman of the Committee on Indus trial Relations, submitted the following report:
Mr. Speaker: Your Committee on Industrial Relations 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 218 Do Pass. SB 257. Do Pass. HB 349. Do Pass.
Respectfully submitted, Rowland of Johnson, Chairman.
Mr. Twitty of Mitchell County, Chairman of the Committee on Judiciary, submitted the following report:
Mr. Speaker:
Your Committee on Judiciary has had under consideration the following
MONDAY, FEBRUARY 17, 1958
871
Bills and Resolution 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 980. Do Pass.
HR 478-1143a. Do Pass.
SB 219. Do Pass.
SB 270. Do Pass.
HB 256. Do Pass.
HB 877. Do Pass.
Respectfully submitted,
Twitty of Mitchell,
Chairman.
Mr. Short of Colquitt County, Chairman of the Committee on Local Affairs, submitted the following report:
Mr. Speaker:
Your Committee on Local 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 615. Do Pass.
Respectfully submitted,
Short of Colquitt,
Chairman.
Mr. Short of Colquitt County, Chairman of the Committee on Local Affairs, submitted the following report:
Mr. Speaker:
Your Committee on Local Affairs has had under consideration the following Bills of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 1114. Do Pass.
HB 1115. Do Pass.
HB 1016. Do Pass.
Respectfully submitted, Short of Colquitt, Chairman.
Mr. Short of Colquitt County, Chairman of the Committee on Local Affairs, submitted the following report:
Mr. Speaker:
Your Committee on Local Affairs has had under consideration the follow-
872
JOURNAL OF THE HOUSE,
ing Bills and Resolutions of the House and Senate and has instructed me as Chairman, to report the same back to the House with the following recom mendations :
HB 1104. Do Pass. HB 1111. Do Pass. HB 1112. Do Pass. HB 1113. Do Pass. HB 1116. Do Pass. HB 1117. Do Pass. HB 1120. Do Pass. HB 1121. Do Pass as amended. HB 1124. Do Pass. HB 1125. Do Pass. HB 1126. Do Pass. HB 1127. Do Pass. HB 1128. Do Pass. HB 1129. Do Pass. HR 456-1112a. Do Pass. HR 460-1117b. Do Pass. HR 461-1117c. Do Pass. HR 462-1117d. Do Pass.
HR 472-1129a. Do Pass.
HB. 1119. Do Pass.
SB 265. Do Pass.
SB 284. Do Pass.
SB 285. Do Pass.
SB 286. Do Pass.
SB 287. Do Pass.
SB 250. Do Pass as amended.
SR 127. Do Pass.
SB 123. Do Pass.
Respectfully submitted, Short of Colquitt, Chairman.
MONDAY, FEBRUARY 17, 1958
873
Mr. Short of Colquitt County, Chairman of the Committee on Local Affairs, submitted the following report:
Mr. Speaker:
Your Committee on Local Affairs has had under consideration the following Bills of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 1089. Do Pass as amended.
HB 1090. Do Pass as amended.
Respectfully submitted,
Short of Colquitt,
Chairman.
Mr. Cocke of Terrell County, Chairman of the Committee on Natural Resources, submitted the following report:
Mr. Speaker:
Your Committee on Natural Resources 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 992. Do Pass.
Respectfully submitted,
Cocke of Terrell,
Chairman,
Mr. Cocke of Terrell County, Chairman of the Committee on Natural Resources, submitted the following report:
Mr. Speaker:
Your Committee on Natural Resources 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 492. Do Pass.
Respectfully submitted,
Cocke of Terrell,
Chairman.
Mr. Hawkins of Screven County, Vice-Chairman of the Committee on Rules, submitted the following report:
Mr. Speaker:
Your Committee on Rules has had under consideration the following Bills and Resolutions of the House and has instructed me as Vice-Chairman, to report the same back to the House with the following recommendations:
HB 1056. Do Pass as amended.
874
JOURNAL OF THE HOUSE,
HR 433-1070h. Do Pass. HR 458 Do Pass. HB 1141. Do Pass. HB 1055. Do Pass.
Respectfully submitted, Hawkins of Screven, Vice-Chairman.
Mr. Stephens of Clarke 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 and Resolution 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 991. Do Pass.
HB 1017. Do Not Pass.
HR 466-1120b. Do Pass.
SB 207. Do Pass.
SB 260. Do Pass.
Respectfully submitted,
Stephens of Clarke,
Chairman.
Mr. Souter of Macon County, Chairman of the Committee on State Institu tions and Property, submitted the following report:
Mr. Speaker:
Your Committee on State Institutions and Property 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 451-1109J. Do Pass.
Respectfully submitted,
Souter of Macon,
Chairman.
Mr. Overby of Hall County, Chairman of the Committee on State of Re public, submitted the following report:
Your Committee on State of Republic has had under consideration the
MONDAY, FEBRUARY 17, 1958
875
following Resolutions of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HR 479. Do Pass. HR 475. Do Pass.
Respectfully submitted, Overby of Hall, Chairman.
By unanimous consent, the following Bills and Resolutions of the House were read the second time:
HB 1130. By Mr. Ramsey of Effingham:
A Bill to be entitled an Act to incorporate the City of Pineora, and for other purposes.
HB 1131. By Messrs. Hawkins of Screven, Jessup of Bleckley, Walker of Lowndes, Kidd of Baldwin and Broome of Bacon:
A Bill to be entitled an Act to create a State Insurance Fund Com mission; and for other purposes.
HB 1132. By Mr. Broome of Bacon:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Alma; and for other purposes.
HB 1133. By Messrs. McClelland, M. Smith and Brooks of Fulton:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Atlanta; and for other purposes.
HB 1134. By Mr. Busbee of Dougherty:
A Bill to be entitled an Act to amend an Act which provided for the coverage of certain officers and employes of the State and political subdivisions under the Old Age and Survivors Insurance, so as to make provisions relative to the coverage of Judges of the Court of Appeals; and for other purposes.
HB 1135. By Mr. Lanier of Candler:
A Bill to be entitled an Act to amend an Act known as the "Georgia Seed Law, so as to define plant; to prohibit the misrepresentation of the count or variety of such plants; and for other purposes.
HB 1136. By Messrs. McClelland and Brooks of Fulton:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Atlanta; and for other purposes.
HB 1137. By Messrs. Brooks and McClelland of Fulton:
A Bill to be entitled an Act to amend an Act to authorize the governing
876
JOURNAL OF THE HOUSE,
authority of the several municipalities of this State to enact zoning and planning ordinances and regulations; and for other purposes.
HB 1138. By Messrs. Matthews and Stephens of Clarke:
A Bill to be entitled an Act to amend an Act establishing a City Court in the County of Clarke; and for other purposes.
HB 1139. By Messrs. Lanier of Candler, Smith of Emanuel and Yandle of Toombs:
A Bill to be entitled an Act to amend an Act abolishing the fee system as applied to the office of Solicitor General in the Superior Courts of the Middle Judicial Circuit; and for other purposes.
HB 1140. By Mr. Sheffield of Brooks:
A Bill to be entitled an Act to amend an Act to create a new charter for the City of Quitman; and for other purposes.
HB 1141. By Messrs. Jessup of Bleckley and Bolton of Spalding:
A Bill to be entitled an Act to amend an Act relating to the amount of taxes which a municipal corporation may levy for ordinary current expenses; and for other purposes.
HB 1142. By Messrs. Craven and Duncan of Carroll:
A Bill to amend an Act to establish a charter for the City of Bowden, approved August 12, 1910, and all Acts amendatory thereto; to amend the charter of said city of Bowden so as to give the mayor and council thereof the right, in their discretion, to elect a recorder and fix the compensation; and for other purposes.
HE 476-1142a. By Mr. McClelland of Fulton:
A Resolution providing for a commission to study and investigate pension and retirement laws affecting teachers in the Atlanta Public School System and Fulton County; and for other purposes.
HR 477-1142b. By Mr. Willingham of Cobb: A Resolution to compensate Mrs. Susan S. Hale and Mr. W. M. Hale.
HB 1143. By Messrs. McClelland, Brooks and M. Smith of Fulton:
A Bill to be entitled an Act to amend an Act to create a Civil Service Board in Fulton County; and for other purposes.
HR 478-1143a. By Mr. Sivell of Harris: A Resolution to relieve T. G. Harmon, the security on an Appearance Bond; and for other purposes.
HB 1144. By Mr. Rowland of Johnson: A Bill to be entitled an Act to amend an Act incorporating the City
MONDAY, FEBRUARY 17, 1958
877
of Wrightsville; so as to change the corporate limits; and for other purposes.
HB 1145. By Messrs. McClelland, M. Smith and Brooks of Fulton:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Atlanta relating to legal holidays; and for other purposes.
HB 1146. By Messrs. M. Smith, Brooks of Fulton and McClelland of Fulton:
A Bill to be entitled an Act to amend an Act providing retirement benefits and pensions for employees of Fulton County, so as to provide how former employees who have credit for at least 15 years' service may qualify for retirement benefits and pensions; and for other pur poses.
By unanimous consent, the following Bills and Resolutions of the House, favorably reported, were read the second time:
HB 256. By Mr. Carlisle of Bibb:
A Bill to be entitled an Act to amend an Act relative to custody and distribution of funds when no legal guardian, so as to increase the amount that can be remitted to the Ordinaries belong to minors and insane persons who have no legal guardian; and for other purposes.
HB 615. By Mr. Smith of Fulton:
A Bill to be entitled an Act to amend an Act to create and establish for counties having a population of 300,000 or more, a County Planning Commission and Board of Zoning Appeals; and for other purposes.
HB 349. By Mr. Carlisle of Bibb:
A Bill to be entitled an Act to amend an Act relating to the wages of deceased employees paid to widow, minors or guardian without admin istration upon the estate of the employee, so as to increase the amount of wages that can be paid; and for other purposes.
HB 1141. By Messrs. Jessup of Bleckley and Bolton of Spalding:
A Bill to be entitled an Act to amend an Act relating to the amount of taxes which a municipal corporation may levy for ordinary current expenses; and for other purposes.
HR 458. By Mr. Neese of Clay:
A Resolution to request Congress to change the name of the Fort Gaines Lock and Dam to "Lake Henry Clay."; and for other purposes.
HR 475. By Messrs. Kelley of Dawson, Harper of Gilmer and others:
A Resolution urging the Congress of the United States to investigate the policies and actions of the U. S. Forestry Service; and for other purposes.
878
JOURNAL OF THE HOUSE,
HE 479. By Mr. Pelham of Schley:
A Resolution to create a Committee of the House to study matters relating to traffic safety; and for other purposes.
HR 478-1143a. By Mr. Sivell of Harris:
A Resolution to relieve T. G. Harmon, the security on an Appearance Bond; and for other purposes.
By unanimous consent, the following Bills and Resolutions of the House and Senate were taken up for consideration and read the third time:
HB 1075. By Mr. Broome of Bacon:
A Bill to be entitled an Act to amend an Act authorizing the City of Alma to close for use an alley; and for other purposes.
The report of the committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 113, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1076. By Messrs. Fuqua, Holley and Miles of Richmond:
A Bill to be entitled an Act to amend the charter of the City of Augusta; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 113, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1077. By Messrs. Fuqua, Miles and Holley of Richmond: A Bill to provide that the Board of Commissioners of Roads and Reve nues of Richmond County, shall before purchasing or selling any goods, advertise for bids once a day for three consecutive days in the legal gazette 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 113, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1088. By Mr. Barrett of Cherokee: A Bill to be entitled an Act to amend an Act establishing a new charter for the Town of Ball Ground; and for other purposes.
MONDAY, FEBRUARY 17, 1958
879
The report 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 1081. By Mr. Jones of Baker:
A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Roads and Revenues for Baker County; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 113, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1087. By Messrs. Cheatham, Eyler and Brennan of Chatham:
A Bill to be entitled an Act to amend an Act to incorporate the Town of Vernonburg; and for other purposes.
The report 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 1092. By Mr. Barrett of Cherokee:
A Bill to be entitled an Act to amend an Act creating the Cherokee County Water Authority; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 113, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1093. By Mr. Barrett of Cherokee: A Bill to be entitled an Act to amend an Act incorporating the Town of Holly Springs; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 113, nays 0.
880
JOURNAL OF THE HOUSE,
The Bill, having received the requisite constitutional majority, was passed.
HB 1095. By Mr. Barrett of Cherokee:
A Bill to be entitled an Act to amend an Act incorporating the City of Canton; and for other purposes.
The report 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 1096. By Messrs. Moss and Story 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 113, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1097. By Messrs. Carlisle, McKenna and Wilson of Bibb:
A Bill to be entitled an Act to establish the City Court of Macon; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 113, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1078. By Messrs. Fuqua, Holley and Miles of Richmond:
A Bill to be entitled an Act to amend the charter of the City of Augusta; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 113, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1082. By Mr. Jones of Baker: A Bill to be entitled an Act to provide that in certain counties of this
MONDAY, FEBRUARY 17, 1958
881
State, the members of the County Board shall be compensated in the amount of not more than twenty five dollars for each day; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 113, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1083. By Mr. Jones of Baker:
A Bill to be entitled an Act to amend an Act to provide that the mem bers of the County Board of Education of Baker County shall be com pensated not more than twenty-five dollars for each days service; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 113, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1080. By Mr. Pettey of Pulaski:
A Bill to be entitled an Act to consolidate the offices of Tax Receiver and Tax Collector of Pulaski 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 113, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1085. By Mr. Gross of Stephens:
A Bill to be entitled an Act to amend an Act incorporating the City of Toccoa; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 113, nays 0.
The Bill, having received the requisite constitutional majority, was passed. HB 1099. By Messrs. Cheatham, Eyler and Brennan of Chatham:
A Bill to be entitled an Act to amend an Act relating to and incorpo-
882
JOURNAL OF THE HOUSE,
rating 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 113, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1100. By Messrs. Cheatham, Eyler and Brennan 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 113, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1103. By Messrs. Short and Newton 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 113, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1108. By Messrs. Wright, Scoggin and Hall of Ployd:
A Bill to be entitled an Act to amend an Act prescribing the terms of Superior Court to be held in the Rome Judicial Circuit; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 113, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1109. By Mr. Truelove of White:
A Bill to be entitled an Act to create a Board of Roads and Revenues for White County; and for other purposes.
MONDAY, FEBRUARY 17, 1958
883
The report 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 1073. By Mr. Parker of Ware:
A Bill to be entitled an Act to incorporate the City of Manor; and for other purposes.
The report 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 1074. By Mr. Hendrix of Long:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Ludowici; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 113, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1091. By Mr. Barrett of Cherokee:
A Bill to be entitled an Act to amend an Act incorporating the Town of Waleska; and for other purposes.
The report 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 1094. By Mr. Barrett of Cherokee:
A Bill to be entitled an Act to amend an Act incorporating the Town of Woodstock; and for other purposes.
The report 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.
884
JOURNAL OF THE HOUSE,
The Bill, having received the requisite constitutional majority, was passed.
HB 1079. By Mr. Summers of Crisp:
A Bill to be entitled an Act to amend an Act creating and establishing 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 113, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HR 330-785e. By Mr. Harper of Gilmer:
A Resolution to designate a bridge across the Cartecay River at the city limits of East Ellijay, as the A. Charles Soule 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 113, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
HB 1106. By Messrs. McClelland, Brooks and Smith of Fulton:
A Bill to be entitled an Act to amend the Code by striking the penalty provision of 10% and to provide in lieu thereof that in all cases where property is not returned for taxation a penalty of 10% of the assessed taxable value shall be added to the assessment for that year in certain counties; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 113, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HR 442-1109a. By Messrs. Mackey, McWhorter and Rutland of DeKalb:
A RESOLUTION
Proposing an amendment to the Constitution of the State of Georgia so as to authorize the General Assembly to empower the Com missioners of Roads and Revenues of DeKalb County, Georgia, to enact ordinances for the policing and governing of said County and the enforcement of all duties and powers now or hereafter vested in said Board and to provide penalties for violation of such ordinances; to authorize the licensing and regulation of businesses and levying of
MONDAY, FEBRUARY 17, 1958
885
license taxes on businesses in the unincorporated area of the County; to authorize the creation of a County Recorder's Court for DeKalb County; to provide for the submission of this amendment for ratifica tion or rejection at the next general election; and for other purposes.
SECTION 1
Be it resolved by the General Assembly of the State of Georgia that Article VI, Section I of the Constitution of the State of Georgia of 1945 be, and the same is hereby, amended by adding a new para graph, which shall read as follows:
"The General Assembly of the State of Georgia is hereby authorized:
"1. To empower the Board of Commissioners of Roads and Revenues of DeKalb County, Georgia, to adopt ordinances or regu lations for the governing and policing of said County for the purpose of protecting and preserving the health, safety, welfare and morals of the citizens thereof as it may deem advisable, not in conflict with the general laws of this State and of the United States, and for the implementation and enforcement of all duties and powers now or hereafter vested in said Board as the governing authority of DeKalb County, Georgia, and to provide penalties for violations of such ordinances; to authorize the licensing and regulation of businesses and the levying of license taxes on all persons, firms and corporations doing business in the unincorpo rated area of said County.
"2. To establish and create in and for the County of DeKalb, a County Recorder's Court, which shall have jurisdiction in DeKalb County outside the corporate limits of municipalities and which shall be empowered to hear and determine cases involving violations of all County ordinances and regulations, including traffic ordi nances and regulations, with authority to inflict punishment and/or penalty for violation thereof; and which shall have such other and further powers as may be prescribed by law."
"3. In the event any phrase, clause, paragraph, or portion thereof, of this amendment shall be adjudged invalid for any reason whatsoever, such adjudication shall in no manner affect the other phrases, clauses, paragraphs or portions of this amend ment, which shall remain of full force and effect, as if the phrase, clause, paragraph, or portion thereof so adjudged invalid was not originally a part hereof."
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, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I, of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
886
JOURNAL OF THE HOUSE,
"For ratification of amendment to the Constitution to provide for the adoption of ordinances for policing of DeKalb County and enforcement of County ordinances, the creation of a Recorder's Court and the regulation and licensing of businesses in the un incorporated area of DeKalb County."
"Against ratification of amendment to the Constitution to provide for the adoption of ordinances for policing of DeKalb County and enforcement of County ordinances, the creation of a Recorder's Court and the regulation and licensing of businesses in the unincorporated area of DeKalb 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 results to the Governor, who shall issue his proclamation thereon. Georgia, DeKalb County.
Personally appeared before me a notary public, the undersigned W. H. McWhorter, who on oath says that he is Managing-Editor of the DeKalb New Era, a newspaper published in the city of Decatur, being of general circulation and being the legal organ for the county of DeKalb who certifies that legal notice, a true copy of which is hereto attached, being Notice of Intention To Apply For Local Legislation was duly published once a week for three weeks as required by law; said dates of publication being January 9, 16, 23, 1958.
THE DEKALB NEW ERA /s/ W. H. McWhorter W. H. McWhorter, Managing-Editor
Sworn to and subscribed before me this 24th day of January, 1958.
/s/ Ann Hardy
(SEAL)
Notary Public, DeKalb County, Georgia
My Commission Expires July 26, 1961
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is hereby given that there will be introduced at the January, 1958, Session of the General Assembly of Georgia, a Bill proposing an amendment to the Constitution of Georgia to authorize the Board of Commissioners of Roads and Revenues of DeKalb County to enact ordinances for policing and governing of said County and for the imple mentation and enforcement of laws and regulations pertaining to De Kalb County; to provide for penalties for violations thereof and the establishment of a County Recorders Court; to authorize levying of business license taxes; to provide for submission of said amendment
MONDAY, FEBRUARY 17, 1958
887
to the electorate for ratification or rejection at the General Election; and for other purposes.
This 7th day of January, 1958.
l-9-3t.
W. H. McWhorter Guy W. Rutland, Jr. James A. Mackay
Representatives, DeKalb County.
The following amendment was read and adopted:
Messrs. McWhorter, Rutland and Mackay of DeKalb move to amend HR 442-1109a as follows:
Section 1. HR 442-1109a proposing an amendment to Article VI, Section 1 of the Constitution of the State of Georgia, is hereby amended by changing the period after the word "County" at the end of subparagraph one (1) thereof to a comma and adding immediately there after the following: "except businesses which are subject to regulation by the State Public Commission."
The report of the committee which was favorable to the adoption of the Resolution, was agreed to, as amended.
On the adoption of the Resolution, as amended, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Alien Bagby Ballard Barrett Baughman Birdsong Black Blalock of Coweta Blalock of Clayton Bodenhamer
Bolton Brackin Brennan Brooks of Oglethorpe Brooks of Fulton Broome Budd Burkhalter Busbee Cagle Caldwell A. Campbell of
Walker
W. Campbell of Walker
Can-
Carter Cheatham Cheek Coalson Cocke Cowart Craven Crummey Denmark Dorminy Echols Elder Ellis Floyd Fordham Fowler of Douglas Fowler of Treutlen
Frazier Fuqua Gowen Green of Rabun Greene of Bartow
Griffith Gross of Stephens Gross of Dade Gunter Hall of Floyd Hall of Lee Hardaway Harper Harrison Hawkins Henderson Hendrix Hodges of Ware Hodges of Butts Hogan Parker of Appling Holley Holloway Hurst Ingle Irvin Jessup Jones of Wayne Jones of Lumpkin Jones of Baker
888
JOURNAL OF THE HOUSE,
Jones of Crawford Jones of Laurens Kelley Kennedy Key Killian King Lam Lancaster Land Larkins Lee Lindsey Lokey Long Love Mackay Matthews Miles Miller of Twiggs Miller of Elbert Moorman Morris Murphy
McClelland McGibony McWhorter Neese Newton Nichols Overby Palmer Parker of Ware Pelham Perkins Phillips of Columbia Phillips of Walton Pickett Ramsey Raulerson Ray Roberts Rodgers of Charlton Rowland Scoggin Singer Smith of Forsyth Smith of Emanuel
Smith of Lamar Smith of Bryan Souter Stephens Tabb Tamplin Tarpley Taylor Truelove Twitty Underwood Veal Walker of Lowndes Watson Weems Wells White Willingham Wilson Wright of Floyd Wright of Dodge Yandle
On the adoption of the Resolution, as amended, the ayes were 143, nays 0.
The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted, as amended.
HR 443-1109b. By Messrs. Mackay, McWhorter, and Rutland of DeKalb:
A RESOLUTION
Proposing an amendment to the Constitution of the State of Geor gia so as to authorize the Board of Commissioners of Roads and Reve nues of DeKalb County, Georgia, to establish districts for the purpose of building, erecting, establishing, maintaining and operating storm sewers and street lights within said County; to levy taxes and/or assessments or service charges for construction, maintenance and opera tion of same without exemptions and without regard to uniformity; to provide for the submission of this amendment for ratification or rejec tion at the next general election; and for other purposes.
SECTION 1
Be it resolved by the General Assembly of the State of Georgia that Article VII, Section IV, Paragraph I, of the Constitution of the State of Georgia of 1945 be, and the same is hereby amended by adding a new paragraph thereto which shall read as follows:
"The Board of Commissioners of Roads and Revenues of DeKalb County, Georgia, as the governing authority of said County, is hereby authorized and empowered to establish districts for the purpose of building, erecting, establishing, maintaining and operating within De Kalb County: storm sewers for the removal and disposal of surface waters and streams; street lights and lamps for illumination of the
MONDAY, FEBRUARY 17, 1958
889
public streets, roads, sidewalks and ways situated in said County; or either one of the foregoing. For the carrying out of the aforesaid powers and purposes, said Board of Commissioners shall be further authorized to levy a tax and/or special assessments on the full tax assessed value of all property in said districts without exemption for the aforesaid purposes or make service charges against all businesses and residents served by said facilities, or either of said facilities, as said Board of Commissioners shall deem necessary for the services rendered, all w; thout regard for uniformity. The same shall be collected by the Tax Commissioner of said County and may be enforced by the issuance of fi. fas. or executions for said charges in the same manner and with the same lien dignity and priority as fi. fas. or executions are issued for State and County taxes. Said Board shall also have authority to compel compliance with reasonable rules and regulations necessary for said services.
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, such proposed amendment shall be published and submitted as pro vided in Article XIII, Section I, Paragraph I, of the Constitution of Georgia of 1945 as amended.
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, maintenance and operation of storm sewer and street light districts within DeKalb County."
"Against ratification of amendment to the Constitution so as to provide for the establishment, maintenance and operation of storm sewer and street light districts within DeKalb 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 returns for election 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.
GEORGIA
DeKalb County
Personally appeared before me a notary public, the undersigned W. H. MeWhorter, who on oath says that he is Managing-Editor of the DeKalb New Era, a newspaper published in the city of Decatur, being of general circulation and being the legal organ for the county of DeKalb who certifies that legal notice, a true copy of which is hereto attached, being Notice of Intention to Apply for Local Legislation was
890
JOURNAL OF THE HOUSE,
duly published once a week for three weeks as required by law; said dates of publication being January 9, January 1, January 23.
THE DEKALB NEW ERA /a/ W. H. McWHORTER, Managing-Editor
Sworn to and subscribed before me this 10th day of February, 1958.
/s/ ANN HARDY Notary Public, DeKalb County, Georgia My Commission Expires July 26, 1961
COPY OF NOTICE NOTICE OF INTENTION TO INTRODUCE
LOCAL LEGISLATION
Notice is hereby given that there will be introduced at the January, 1958, Session of the General Assembly of Georgia, a bill proposing an amendment to the Constitution of Georgia to authorize the Board of Commissioners of Roads and Revenues of DeKalb County to build, maintain and operate storm sewers and street lights in said County, and to provide for levying taxes and/or assessments for financing same; and for other purposes.
This 7th day of January, 1958.
l-9-3t
W. Hugh McWhorter Guy W. Rutland, Jr. James A. Mackay Representatives, DeKalb County
The report of the committee which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Alien Bagby Ballard Barrett Baughman Birdsong Black
Blalock of Coweta Blalock of Clayton Bodenhamer Boggs Bolton
Br.ackin Brennan
Brooks of Oglethorpe
Brooks of Fulton Broome Budd Burkhalter Busbee Cagle Caldwell A. Campbell of
Walker W. Campbell of Carr Carter Cheatham
Cheek Coalson
Cocke
Cowart Craven Crummey Denmark Dorminy Echols Elder Ellis
Floyd Fordham Fowler of Douglas Fowler of Treutlen Frazier
Fuqua Gowen
Green of Rabun
MONDAY, FEBRUARY 17, 1958
891
Greene of Bartow Griffith Gross of Stephens Gross of Bade Gunter Hall of Floyd Hall of Lee Hardaway Harper Harrison Hawkins Henderson Hendrix Hodges of Ware Hodges of Butts Hogan Holley Holloway Hurst Ingle Irvin Jessup Jones of Wayne Jones of Lumpkin Jones of Baker Jones of Laurens Jones of Crawford Kelley Kennedy Key Killian King
Lam Lancaster Land Larkins Lee Lindsey Lokey Long Love Mackay Matthews Miles Miller of Twiggs Miller of Elbert Moorman Morris Murphy McClelland McGibony McWhorter Neese Newton Nichols Overby Palmer Parker of Ware Parker of Appling Pelham Perkins Phillips of Columbia Phillips of Walton Pickett
Ramsey Raulerson
Ray Roberts Rodgers of Charlton Rowland Scoggin Singer Smith of Forsyth Smith of Emanuel Smith of Lamar Smith of Bryan
Souter Stephens Tabb Tamplin Tarpley Taylor Truelove Twitty Underwood Veal Walker of Lowndes Watson Weems Wells White Willingham Wilson Wright of Floyd Wright of Dodge Yandle
On the adoption of the Resolution, the ayes were 143, nays 0.
The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.
HR 444-1109c. By Messrs. Mackay, McWhorter and Rutland of DeKalb:
A RESOLUTION
Proposing an amendment to the Constitution of the State of Geor gia so as to authorize the Board of Commissioners of Roads and Reve nues of DeKalb County, Georgia, to provide systems of garbage dis posal; to provide for the division of said County into such territorial sanitation districts as said Board shall deem advisable; to provide for service charges against residents and businesses served by such gar bage disposal facilities; to provide for the compliance with rules and regulations adopted by said Board by all businesses and residents in said districts; to provide for the issuance of executions for said serv ices; to provide for the submission of this amendment for ratification or rejection at the next general election; and for other purposes.
SECTION 1
Be it resolved by the General Assembly of the State of Georgia
892
JOURNAL OF THE HOUSE,
that Article VII, Section IV, Paragraph I, of the Constitution of the State of Georgia of 1945 be, and the same is hereby amended by adding a new paragraph thereto, which shall read as follows:
"The Board of Commissioners of Roads and Revenues of DeKalb County, Georgia, as the governing authority of said County, in addi tion to all powers heretofore conferred upon it, is hereby authorized and empowered to provide systems of garbage disposal in said County. For the carrying out of such purpose, said Board of Commissioners shall be authorized to establish sanitation districts in such territorial areas of the County as it deems advisable and to levy assessments or make service charges against all businesses, residents and property served by said garbage disposal facilities as said Board shall deem necessary for the services rendered in said sanitation districts, without regard for uniformity. Said Board of Commissioners shall have the power and authority to require and compel all businesses located therein and all persons residing in said area to comply with all rules and regulations adopted by said Board for garbage disposal facilities. The assessments or service charges levied to pay the cost of such garbage disposal systems may be enforced by the issuance of fi. fas. or execu tions for said charges in the same manner and with the same lien dignity and priority as fi. fas. or executions are issued for County taxes and shall be collected by the Tax Commissioner of said County in the same manner as taxes are collected."
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, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I, of the Constitution of Georgia of 1945 as amended.
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 of sanitary districts and service charges for garbage disposal facilities within DeKalb County."
"Against ratification of amendment to the Constitution so as to provide for the establishment of sanitary districts and service charges for garbage disposal facilities within DeKalb 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 returns for election 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.
MONDAY, FEBRUARY 17, 1958
893
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 Bagby Ballard Barrett Baughman Birdsong Black Blalock of Coweta Blalock of Clayton Bodenhamer Boggs Bolton Brackin Brennan Brooks of Oglethorpe Brooks of Fulton Broome Budd Burkhalter Busbee Cagle Caldwell A. Campbell of
Walker W. Campbell of
Walker Carr Carter Cheatham Cheek Coalson Cocke Cowart Craven Crummey Denmark Dorminy Echols Elder Ellis Floyd Fordham Fowler of Douglas Fowler of Treutlen Frazier Fuqua Gowen Green of Rabun
Greene of Bartow Griffith Gross of Stephens Gross of Dade Gunter Hall of Floyd Hall of Lee Hardaway Harper Harrison Hawkins Henderson Hendrix Hodges of Ware Hodges of Butts Hogan Holley Holloway Hurst Ingle Irvin Jessup Jones of Wayne Jones of Lumpkin Jones of Baker Jones of Laurens Jones of Crawford Kelley Kennedy Key Killian King Lam Lancaster Land Larkins Lee Lindsey Lokey Long Love Mackay Matthews Miles Miller of Twiggs Miller of Elbert Moorman Morris Murphy
McClelland McGibony McWhorter Neese Newton Nichols Overby Palmer Parker of Ware Parker of Appling Pelham Perkins Phillips of Columbia Phillips of Walton Pickett Ramsey Raulerson Ray Roberts Rodgers of Charlton
Rowland Scoggin Singer Smith of Forsyth Smith of Emanuel Smith of Lamar Smith of Bryan
Souter Stephens Tabb Tamplin Tarpley Taylor Truelove Twitty Underwood Veal Walker of Lowndes Watson Weems Wells White Willingham Wilson Wright of Floyd Wright of Dodge Yandle
894
JOURNAL OP THE HOUSE,
On the adoption of the Resolution, the ayes were 143, nays 0.
The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.
HR 455-1109n. By Messrs. Bolton and Lindsey of Spalding:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the General Assembly to abolish justice courts and the offices of justice of the peace and notary public ex-officio justices of the peace in Spald ing County; to authorize the establishment of a new court in Spalding County; to provide for the submission of this amendment for ratifica tion or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1
Article VI, Section VII, Paragraph I of the Constitution, relating to justices of the peace, is hereby amended by striking the words "County of Glynn" and inserting in lieu thereof the words "Counties of Glynn and Spalding," so that when so amended, said Paragraph I shall read as follows:
"Paragraph I. Number and Term of Office. There shall be in each militia district one justice of the peace, whose official term, except when elected to fill an unexpired term, shall be for four years: Provided, however, that the General Assembly may, in its discretion, abolish justice courts and the office of justice of the peace and of notary public ex-officio justice of the peace in any city of this State having a population of over twenty thousand, and establish in lieu thereof such court or courts or system of courts as the General Assem bly may, in its discretion, deem necessary, conferring upon such new court or courts or system of courts, when so established, the jurisdic tion as to subject matter now exercised by justice courts and by justices of the peace and notaries public ex-officio justices of the peace, to gether with such additional jurisdiction, either as to amount or sub ject matter as may be provided by law, whereof some other court has not exclusive jurisdiction under this Constitution; together with some provision as to rules and procedure in such courts, and as to new trials and the correction of errors in and by said courts, and with such further provision for the correction of errors by the Superior Court, or 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 laid down in Paragraph I of Section IX of Article VI of the Constitu tion of Georgia: Provided, however, that the General Assembly may, in its discretion, abolish justice courts and the office of justice of the peace and notary public ex-officio justice of the peace in any county in this State having within its borders a city having a population of over twenty thousand, and as well in the Counties of Glynn and Spald ing, and establish in lieu thereof such court or courts or system of courts as the General Assembly may, in its discretion, deem necessary; or conferring upon existing courts, by extension of their jurisdiction as to subject matter now exercised by justice courts and by justices of
MONDAY, FEBRUARY 17, 1958
895
the peace and notaries public ex-officio justices of the peace; together with such additional jurisdiction, either as to amount or to subject matter, as may be provided by law, whereof some other court has not exclusive jurisdiction under this Constitution; together also with such provisions as to rules and procedure in such courts and as to new trials and the correction of errors in and by said 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. The civil court of Fulton County shall have jurisdiction in Fulton County and outside the city limits of Atlanta either concurrently with, or supplemental to, or in lieu of justice courts, as may be now or hereafter provided by law. Any court so established shall not be subject to the rules of uniformity laid down in Paragraph I of Section IX of Article VI of the Constitution of Georgia."
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, such pro posed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"For ratification of amendment to the Constitution so as to authorize the General Assembly to abolish justice courts and the offices of justice of the peace and notary public ex-officio justices of the peace in Spalding County and to create a new court."
"Against ratification of amendment to the Constitution so as to authorize the General Assembly to abolish justice courts and the offices of justice of the peace and notary public ex-officio justices of the peace in Spalding County and to create a new court."
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 following substitute was read and adopted: By Messrs. Lindsey and Bolton of Spalding:
A RESOLUTION Proposing an amendment to the Constitution so as to authorize the General Assembly to abolish justice courts and the offices of jus-
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JOURNAL OF THE HOUSE,
tice of the peace and notary public ex-officio justices of the peace in Spalding County; to authorize the establishment of a new court in Spalding County; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OP GEOR GIA:
SECTION 1
Article VI, Section VII, Paragraph I of the Constitution, relating to justices of the peace, is hereby amended by striking the words "County of Glynn" and inserting in lieu thereof the words "Counties of Glynn and Spalding. Provided, however, that any court created in Spalding County pursuant to the provisions contained herein shall not have any greater jurisdiction than the jurisdiction of justice courts, and the General Assembly may provide by law for the designation of justices of the peace for the purpose of issuing criminal warrants, and any person, in order to be eligible to serve as judge of any such court, must be a practicing attorney", so that when so amended, said Paragraph I shall read as follows:
"Paragraph I. Number and Term of Office. There shall be in each militia district one justice of the peace, whose official term, except when elected to fill an unexpired term, shall be for four years: Pro vided, however, that the General Assembly may, in its discretion, abolish justice courts and the office of justice of the peace and of notary public ex-officio justice of the peace in any city of this State having a population of over twenty thousand, and establish in lieu thereof such court or courts or system of courts as the General As sembly may, in its discretion, deem necessary, conferring upon such new court or courts or system of courts, when so established, the jurisdiction as to subject matter now exercised by justice courts and by justices of the peace and notaries public ex-officio justices of the peace, together with such additional jurisdiction, either as to amount or subject matter as may be provided by law, whereof some other court has not exclusive jurisdiction under this Constitution; together with such provision as to rules and procedure in such courts, and as to new trials and the correction of errors in and by said courts, and with such further provision for the correction of errors by the Superior Court, or Court of Appeals, or the Supreme Court, as the General Assembly may, from time to time, in its discretion, provide or au thorize. Any court so established shall not be subject to the rules of uniformity laid down in Paragraph I of Section IX of Article VI of the Constitution of Georgia: Provided, however, that the General Assem bly may, in its discretion, abolish justice courts and the offices of jus tice of the peace and notary public ex-officio justice of the peace in any county in this State having within its borders a city having a popu lation of over twenty thousand, and as well in the Counties of Glynn and Spalding: Provided, however, that any court created in Spalding County pursuant to the provisions contained therein shall not have any greater jurisdiction than the jurisdiction of justice courts, and the General Assembly may provide by law for the designation of justices of the peace for the purpose of issuing criminal warrants, and any person, in order to be eligible to serve as judge of any such court, must be a practicing attorney, and establish in lieu thereof such court or courts or system of courts as the General Assembly may, in its discretion, deem necessary; or conferring upon existing courts, by extension of
MONDAY, FEBRUARY 17, 1958
897
their jurisdiction as to subject matter now exercised by justice courts and by justices of the peace and notaries public ex-officio justices of the peace; together with such additional jurisdiction, either as to amount or to subject matter, as may be provided by law, whereof some other court has not exclusive jurisdiction under this Constitu tion; together also with such provisions as to rules and procedure in such courts and as to new trials and the correction of errors in and by said courts, and with such further provision for the correc tion 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. The civil court of Fulton County shall have jurisdiction in Fulton County and outside the city limits of Atlanta either concurrently with, supplemental to, or in lieu of justice courts, as may be now or hereafter provided by law. Any court so established shall not be subject to the rules of uniformity laid down in Paragraph I of Section IX of Article VI of the Constitu tion of Georgia."
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, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
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 au thorize the General Assembly to abolish justice courts and the offices of justice of the peace and notary public ex-officio justices of the peace in Spalding County and to create a new court."
"Against ratification of amendment to the Constitution so as to authorize the General Assembly to abolish justice courts and the offices of justice of the peace and notary public ex-officio justices of the peace in Spalding County and to create a new court."
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 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 report of the committee which was favorable to the adoption of the Resolution, was agreed to, by substitute.
898
JOURNAL OF THE HOUSE,
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 Ballard Barrett Baughman Birdsong Black Blalock of Coweta Blalock of Clayton Bodenhamer Boggs Bolton Brackin Brennan Brooks of Oglethorpe Brooks of Fulton Broome Budd Burkhalter Busbee Cagle Caldwell A. Campbell of
Walker W. Campbell of
Walker Carr Carter Cheatham Cheek Coalson Cocke Cowart Craven Crummey Denmark Dorminy Echols Elder Ellis Floyd Fordham Fowler of Douglas Fowler of Treutlen Frazier Fuqua Gowen Green of Rabun
Greene of Bartow Griffith Gross of Stephens Gross of Dade Gunter Hall of Floyd Hall of Lee Hardaway Harper Harrison Hawkins Henderson Hendrix Hodges of Ware Hodges of Butts Hogan Holley Holloway Hurst Ingle Irvin Jessup Jones of Wayne Jones of Lumpkin Jones of Baker Jones of Laurens Jones of Crawford Kelley Kennedy Key Killian King Lam Lancaster Land Larkins Lee Lindsey Lokey Long Love Mackay Matthews Miles Miller of Twiggs Miller of Elbert Moorman Morris Murphy
McClelland McGibony McWhorter Neese Newton Nichols Overby Palmer Parker of Ware Parker of Appling Pelham Perkins Phillips of Columbia Phillips of Walton Pickett Ramsey Raulerson Ray Roberts Rodgers of Charlton Rowland Scoggin Singer Smith of Forsyth Smith of Emanuel Smith of Lamar Smith of Bryan Souter Stephens Tabb Tamplin Tarpley Taylor Truelove Twitty Underwood Veal Walker of Lowndes Watson Weems Wells White Willingham Wilson Wright of Floyd Wright of Dodge Yandle
On the adoption of the Resolution, by substitute, the ayes were 143, nays 0.
MONDAY, FEBRUARY 17, 1958
899
The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted, by substitute.
HB 1089. By Mr. Barrett of Cherokee:
A Bill to be entitled an Act to amend an Act creating the office of Tax Commissioner of Cherokee County; and for other purposes.
The following amendment was read and adopted:
The Committee on Local Affairs moves to amend HB 1089 as follows:
By inserting at the end of the title of said Bill the words, "to provide for a referendum."
By inserting at the end of said Bill a new section which shall be known as Section 4 which shall read as follows:
"Section 4. Immediately upon the approval of this Act or as soon thereafter as practicable, it shall be the duty of the Ordinary of Cherokee County to issue the call for an election for the pur pose of submitting this Act to the voters of Cherokee County for approval or rejection. The Ordinary shall set the date of such election for March 19, 1958. The Ordinary shall cause the date and purpose of the election to be published once preceding the date thereof, in the official organ of Cherokee County. The ballot shall have written or printed thereon the words:
'For approval of the Act to place the Tax Commissioner of Cherokee County on a salary basis.'
'Against approval of the Act to place the Tax Commissioner of Cherokee County on a salary basis.'
"All persons desiring to vote in favor of the Act shall vote for approval, and those persons desiring to vote for rejection of the Act shall vote against approval. If a majority of the votes cast on such question are for approval of the Act, it shall become of full force and effect. If a majority of the votes cast on such question are against approval of the Act, it shall be void and of no force and effect. The expense of such election shall be borne by Cherokee County. It shall be the duty of the Ordinary to hold and conduct such election. He shall hold such election under the same laws and rules and regulations as govern general elections, except as otherwise provided herein. It shall be the duty of the Ordinary to canvass the returns and declare and certify the result of the election. It shall be his further duty to certify the result 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 113, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
900
JOURNAL OP THE HOUSE,
HB 1090. A Bill to be entitled an Act to change from the fee to the salary system in the County of Cherokee, the Clerk of the Superior Court, the sheriff and the Ordinary of such County; and for other purposes.
The following amendment was read and adopted:
The Committee on Local Affairs moves to amend HB 1090 as follows:
By inserting at the end of the title of said Bill the words, "to provide for a referendum."
By inserting at the end of said Bill a new section which shall be known as Section 8 which shall read as follows:
"Section 8. Immediately upon the approval of this Act or as soon thereafter as practicable, it shall be the duty of the Ordi nary of Cherokee County to issue the call for an election for the purpose of submitting this Act to the voters of Cherokee County for approval or rejection. The Ordinary shall set the date of such election for March 19, 1958. The Ordinary shall cause the date and purpose of the election to be published once preceding the date thereof, in the official organ of Cherokee County. The bal lot shall have written or printed thereon the words:
'For approval of the Act to place the Sheriff, Ordinary and Clerk of the Superior Court of Cherokee County on a salary basis.
'Against approval of the Act to place the Sheriff, Ordinary and Clerk of the Superior Court of Cherokee County on a salary basis.'
"All persons desiring to vote in favor of the Act shall vote for approval, and those persons desiring to vote for rejection of the Act shall vote against approval. If a majority of the votes cast on such question are for approval of the Act, it shall become of full force and effect. If a majority of the votes cast on such question are against approval of the Act, it shall be void and of no force and effect. The expense of such election shall be borne by Cherokee County. It shall be the duty of the Ordinary to hold and conduct such election. He shall hold such election under the same laws and rules and regulations as govern general elections, except as otherwise provided herein. It shall be the duty of the Ordinary to canvass the returns and declare and certify the result of the election. It shall be his further duty to certify the result 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 113, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
HB 1016. By Messrs. Brooks, McClelland and Smith of Fulton: A Bill to be entitled an Act to provide that certain cities shall furnish
MONDAY, FEBRUARY 17, 1958
901
pensions to officers and employees of such cities; and for other pur poses.
The report of the committee which was favorable to the passage of the Bilil, 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 1104. By Messrs. Blalock and Lee of Clayton:
A Bill to be entitled an Act to amend an Act incorporating the Town of Forest Park; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 120, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1111. By Messrs. Morris and Bodenhamer of Tift:
A Bill to be entitled an Act to amend the charter of the City of Tifton; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 120, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1112. By Messrs. Bodenhamer and Morris of Tift:
A Bill to be entitled an Act to amend the Charter of the City of Tifton; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 120, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1113. By Messrs. Fuqua, Holley and Miles of Richmond: A Bill to be entitled an Act to abolish Justice Courts and the office of Justice of the Peace of the City of Augusta; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
902
JOURNAL OF THE HOUSE,
On the passage of the Bill, the ayes were 120, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1114. By Mr. Fowler of Treutlen:
A Bill to be entitled an Act to provide for the compensation of the Judge and Solicitor of the City Court of Soperton; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the bill, the ayes were 120, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1115. By Mr. Fowler of Treutlen:
A Bill to be entitled an Act to amend an Act creating the office of County Tax Commissioner of Treutlen County; and for other purposes.
The following committee substitute was read and adopted:
A BILL
To be entitled an Act to amend an Act creating the office of County Tax Commissioner of Treutlen County, approved August 7, 1925 (Ga. Laws 1925, p. 764), as amended, so as to change the com pensation of said Tax Commissioner from a fee system to a salary system; to provide the procedure in connection therewith; to provide an effective date; to expressly repeal certain laws; to repeal conflict ing laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. An Act creating the office of County Tax Commis sioner of Treutlen County, approved August 7, 1925 (Ga. Laws 1925, p. 764), as amended, is amended by striking therefrom Section 6 in its entirety and inserting in lieu thereof a new Section 6 which shall read as follows:
"Section 6. The Tax Commissioner of Treutlen County shall be compensated in the sum of $325.00 per month to be paid monthly from County funds. Such compensation shall be in lieu of all fees and commissions of whatever kind which said Tax Commissioner has heretofore received, except those fees to which he may be entitled by virtue of an Act approved January 17, 1938 (Ga. Laws 1937-38, Ex. Sess., p. 297), as amended, particularly by an Act approved March 24, 1939 (Ga. Laws 1939, p. 370). All other fees, costs, commissions, allowances and any other perqui sites of any other kind which have heretofore been received by said Tax Commissioner shall continue to be received and collected by him, but shall be the property of Treutlen County and shall be turned over to the fiscal authority of Treutlen County monthly along with a detailed itemized statement showing the source from
MONDAY, FEBRUARY 17, 1958
903
which each item has been collected. From the compensation pro vided for in this Section, the Tax Commissioner of Treutlen County shall be required to pay all expenses for the necessary clerical help needed in the proper functioning of his office."
Section 2. An Act supplementing the fees of the Tax Commissioner of Treutlen County, approved March 4, 1953 (Ga. Laws 1953, Jan.-Feb. Sess., p. 2986) is hereby repealed in its entirety.
Section 3. The provisions of this Act shall become effective the first day of May, 1958.
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 120, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
HB 1116. By Mr. Fowler of Treutlen:
A Bill to be entitled an Act to change the Clerk of the Superior Court, the Ordinary and the Clerk of the County to the salary basis in lieu of the fee basis; and for other purposes.
The following committee substitute was read and adopted:
A BILL
To be entitled an Act to change from the fee to the salary system in the County of Treutlen the Clerk of the Superior Court, the Ordi nary and the Sheriff of such County; to make provisions to carry out such change; to regulate the collections and disposition of costs and fees; to provide for salaries for such officials; to provide for clerical help; to provide an effective date; to expressly repeal certain laws; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. The compensation of the Clerk of the Superior Court, the Ordinary and the Sheriff of Treutlen County is hereby placed on a salary basis in lieu of a fee basis.
Section 2. The Clerk of the Superior Court of Treutlen County shall be compensated in a sum of not less than $325.00 per month and shall be paid monthly from county funds. This compensation shall be in lieu of the fees which said Clerk has heretofore received. This compensation shall be exclusive, and the Clerk shall receive no other compensation as Clerk or Ex-officio Clerk of any other court. From the compensation provided for in this Section the Clerk shall hire and compensate such assistants or deputies as may be necessary to properly perform the duties of his office.
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JOURNAL OF THE HOUSE,
Section 3. The Ordinary of Treutlen County shall be compensated in the sum of not less than $150.00 per month and shall be paid monthly from County funds. This compensation shall be in lieu of the fees which said Ordinary has heretofore received. Such compensation shall be exclusive and the Ordinary shall receive no other compensation for any service which he performs in any capacity. From the compensation provided for in this section the Ordinary shall hire such assistants, clerks or deputies as may be necessary to properly perform the func tions of his office.
Section 4. The Sheriff of Treutlen County shall be compensated in the sum of not less than $450.00 per month, and shall be paid monthly from County funds. In addition to such compensation, the Sheriff of said County shall be reimbursed for expenses incurred on official business in an amount not to exceed $2400.00 per year upon the presentation of a detailed itemized statement of such ex penses to the County governing authority. The Sheriff shall be en titled to employ as many deputies as may be necessary for the proper functioning of his office, and they shall be compensated from County funds provided, however, that said Sheriff shall receive prior approval of the County governing authority as to the number of such deputies and as to the amount of compensation to be paid thereto. This com pensation shall be in lieu of the fees which said Sheriff has heretofore received. Such compensation shall be exclusive and the Sheriff shall receive no other compensation for any service which he performs in any capacity.
Section 5. All fees, costs, percentages, forfeitures, penalties, al lowances and all other perquisites of whatever kind which now or may hereafter be allowed by law to be received or collected as com pensation for services by any of the officers named in Sections 1 through 4 of this Act shall be received and diligently collected by all of said officials and each of them for the sole use of Treutlen County, and shall be held as public moneys belonging to Treutlen County and accounted for and paid over to the County fiscal officials on the first Tuesday in each month at which time a detailed itemized statement shall be made by the officer under oath showing such col lections and the sources from which collected, and the fiscal authorities of Treutlen County shall keep a separate account showing the source from which said funds were paid.
Section 6. An Act supplementing the fees of the Ordinary of Treutlen County, approved March 4, 1953 (Ga. Laws 1953, p. 3065) is hereby repealed in its entirety.
Section 7. This Act shall become effective the first day of May, 1958.
The report of the committee which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 120, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
MONDAY, FEBRUARY 17, 1958
905
HB 1117. By Messrs. Budd and Walker of Lowndes:
A Bill to provide that the Sheriff of certain counties shall be paid on a fee basis for all services rendered in the Superior Court of such counties; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 120, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1119. By Messrs. McClelland, Brooks and Smith of Pulton:
A Bill to be entitled an Act to amend an Act relating to the abolition of Justice Courts and the office of Justice of the Peace and of Notary Public Ex Officio Justice of the Peace in certain cities; and for other purposes.
The report of the committee which was favorable to the passagt 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 1120. By Messrs. McClelland, Brooks and Smith of Fulton:
A Bill to be entitled an Act to amend an Act to amend an Act to sup plement the salaries of Judges of the Superior 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 120, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1121. By Messrs. McClelland, Smith and Brooks of Fulton:
A Bill to be entitled an Act to amend an Act to authorize the govern ing authority of several municipalities of this State to enact zoning and planning ordinances and regulations; and for other purposes.
The following amendment was read and adopted:
Mr. McClelland of Fulton moves to amend HB 1121 by adding a new section thereto to be known as Section 2a, as follows:
"Section 2a. Any person aggrieved or dissatisfied with any act of the governing authority of such municipality in granting or refusing any special use permit under the provisions of this amendment shall have the right to review said action by a petition for the writ of cer-
906
JOURNAL OF THE HOUSE,
tiorari to the Superior Court of the county wherein the land involved is located, together with such equitable rights as he may have under the general laws of this 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 120, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
HB 1124. By Mr. Bagby of Paulding:
A Bill to be entitled an Act to amend the several Acts relating to and incorporating the Mayor and Aldermen of the City of Dallas; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 120, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1125. By Messrs. Rutland, Mackay and McWhorter of DeKalb:
A Bill to be entitled an Act to amend an Act to fix, prescribe and establish compensation or salaries of the elective county officials of the county of DeKalb; and for other purposes.
The following substitute offered by the DeKalb delegation was read and adopted:
A BILL
To be entitled an Act to amend an Act approved March 6, 1956 (Georgia Laws 1956, page 2915), fixing, prescribing and estab lishing compensation and/or salaries of the elective county officials of and in the County of DeKalb, including the ordinary, clerk of the superior court, the sheriff and the tax commissioner adjusting the sal aries provided in said Act; to repeal conflicting laws; and for other purposes
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. The Act approved March 6, 1956 (Georgia Laws 1956, page 2915) is hereby amended by striking the symbols and figures "$9,500.00" after the office of sheriff and ordinary of DeKalb County in Section 3 of said Act and by substituting in lieu thereof the symbols and figures "$11,000.00" so that the salaries and/or compensation of all the officers named in Section 3 of said Act, when so amended, shall be fixed at $11,000.00 each.
Section 2. The provisions of this Act shall become effective as of March 1, 1958.
MONDAY, FEBRUARY 17, 1958
907
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
The report of the committee which was favorable to the passage of the Bill, was agreed to, by substitute.
On the passage of the bill, by substitute, the ayes were 120, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
HB 1126. By Messrs. McWhorter, Mackay and Rutland of DeKalb:
A Bill to be entitled an Act to amend an Act to provide for the com pensation of the Judges and other officers and employees of DeKalb county; and for other purposes.
The following substitute offered by the DeKalb delegation was read and adopted:
A BILL
To be entitled an Act to amend an Act approved February 14, 1951 (Georgia Laws 1951, page 2401) creating and establishing the Civil Court of DeKalb County, and all Acts amendatory thereof, so as to change the name of said Court to the Civil and Criminal Court of DeKalb County; to provide a method for opening default judgments; to provide for the publication of Court calendars in the official organ of said County; to provide that the judges of the said Court shall not engage in the practice of law; to fix the salary of the judges of said Court; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA AS FOLLOWS:
Section 1. The Act approved February 14, 1951 (Georgia Laws 1951, page 2401) creating a Civil Court of DeKalb County, and all Acts amendatory thereof, is hereby amended by striking the words "Civil Court of DeKalb County" in Section 3 of said Act and wherever the same appears elsewhere in said Act or in any amendment thereto and by substituting in lieu thereof the words "Civil and Criminal Court of DeKalb County", so as to change the name by which said Court shall hereafter be known.
Section 2. Section 13 of the aforesaid Act of 1951 is hereby amended by striking the same in its entirety and by inserting in lieu thereof a new Section to read as follows:
"Be it further enacted by the authority aforesaid that in all cases in default the judges of the Civil and Criminal Court of DeKalb County may enter judgments without any call of the docket on or after the date on which the action in default is returnable; provided any party against whom a judgment by default shall be rendered shall, as a matter of right, upon the pay ment of accrued cost, have said default opened, and the judgment rendered thereon set aside at any time within five (5) days from the rendition thereof. In any case in default, upon proper show-
908
JOURNAL OF THE HOUSE,
ing, the judges in their discretion shall have the right to open said default judgment during the term to which said default was returnable."
Section 3. Section 24 of said Act of 1951 as amended is hereby amended by adding a new paragraph to said Section to read as follows:
"The judges of the Civil and Criminal Court of DeKalb County shall cause the civil calendars of said Court to be pub lished in the newspaper in which the sheriffs advertisements for said County are published once each, as far in advance of the date of hearing thereon as may be practicable. The newspaper publishing such calendars shall be paid therefor at the rate pro vided by law for legal advertisements generally by the proper authority of DeKalb County, Georgia and such publications shall constitute an expense of the operation of said Court to be paid in the same manner as other expenses of said Court."
Section 4. Said Act of 1951, as amended and particularly as amended by Section 13-A of the Act of The General Assembly ap proved March 6, 1956 (Georgia Laws 1956, page 3137) relating to the salary of the judges of said Court, is hereby amended by striking the words and figures "ten thousand ($10,000.00) dollars" wherever the same appear in said Section and by inserting in lieu thereof the words and figures "eleven thousand ($11,000.00) dollars."
Section 5. The provisions of the foregoing Section 4 of this Act shall become effective as of March 1, 1958.
Section 6. Section 7 of said Act of 1951 as amended is hereby amended by adding a new paragraph thereto which shall read as follows:
"The judges of the Civil and Criminal Court of DeKalb County are prohibited from practicing law in any of the Courts of this state between the time of their election and qualification, but they may practice until their qualification in any case in which they may have been actually employed before their election; and they are also prohibited from practicing as attorneys, proctors or solicitors in any District or Circuit Court of the United States after their election or while in commission."
Section 7. In the event any Section, sub-section, sentence, clause or phrase of this Act shall be declared or adjudged invalid or uncon stitutional such adjudication shall in no manner affect the other Sections, sub-sections, sentences, clauses or phrases of this Act which shall remain of full force and effect, as if the Sections, sub-sections, sentences, clauses or phrases so declared or adjudged invalid or un constitutional were not originally a part thereof.
Section 8. All laws and parts of laws in conflict with this Act are hereby repealed.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, by substitute, the ayes were 120, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
MONDAY, FEBRUARY 17, 1958
909
HB 1127. By Messrs. McWhorter, Mackay and Rutland of DeKalb:
A Bill to be entitled an Act to amend the City Charter of Doraville; and for other purposes.
The report 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 1128. By Mr. Burkhalter of ^Tattnall:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Glennville; and for other purposes.
The report 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 1129. By Messrs. McClelland, Brooks and 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.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 120, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HR 456-1112a. By Messrs. Bodenhamer and Morris of Tift:
A RESOLUTION
Proposing an amendment to the Constitution of the State of Geor gia so as to create a body corporate and politic to be known as the TIFTON-TIFT COUNTY DEVELOPMENT AUTHORITY; to provide for the membership of said authority and for the appointment of mem bers thereof; to define the powers, purposes and duties of said authority and to prescribe the procedures under which the said authority shall be operated; to authorize and empower the County of Tift and City of Tifton to levy and collect an annual ad valorem tax for the purpose of developing and promoting industry and agriculture within the City of Tifton and County of Tift and to pay-over all funds derived from the levy of such taxes to the said authority; to declare that the corportation of said authority is for a public purpose; to provide that all property of said authority, all bonds issued by said authority and the income paid therefrom shall be exempt from taxation; to authorize
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JOURNAL OF THE HOUSE,
said authority to issue revenue anticipation certificates under the pro visions of the Revenue Certificate Law of 1937 as amended; 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 GEOR GIA:
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 County of Tift and City of Tifton, to be known as the TIFTON-TIFT COUNTY DEVELOPMENT AUTHORITY and to be hereafter in this amendment referred to as the 'Authority', for the purpose of expand ing and developing industry and agriculture in the City of Tifton and the County of Tift and for improving the general welfare of the peo ple of said county. The Authority herein created shall be a public corporation and an instrumentality of the County of Tift and the City of Tifton.
"B. The Authority shall consist of five members as follows: Two members shall be appointed from within the city limits of Tifton by the City Commissioners of the City of Tifton, two members shall be appointed from that part of Tift County lying outside of the city limits of Tifton, by the Commissioners of Roads and Revenues of Tift County and a fifth member shall be appointed by the joint-action of both the City and County Commissioners, each commissioner having one vote in the election of said member, and the respective terms of the members shall begin as follows:
1. The first member appointed by the City of Tifton shall be for a term of one (1) year;
2. The first member appointed by the Tift County Commis sioners shall be for a term of two (2) years;
3. The member appointed by the joint-action of the City and County Commissioners shall be appointed for three (3) years;
4. The second member appointed by the County Commissioners shall be appointed for a term of four (4) years;
5. The second member appointed by the City of Tifton shall be appointed for a term of five (5) years;
and thereafter upon the expiration of such terms, successors shall be appointed for a term of five years by the political body who appointed the member whose term is expiring. All members who have served on said Authority shall be eligible for re-appointment to succeed them selves if they are re-appointed by said political subdivisions. Should any member resign, or be unable to serve, or move beyond the boundary of Tift County, his successor shall be appointed to serve his remain ing term by the Political Subdivision who originally appointed the member being removed.
MONDAY, FEBRUARY 17, 1958
911
SECTION 2
The powers of the Authority herein created shall include but not limited to, the power:
"A. To contract and be contracted with, sue and be sued, implead or be impleaded, and complain and defend in all courts of law and equity, to contract with the City of Tifton, other municipalities and other political subdivisions and with private persons and corporations;
"B. To buy, acquire, develop, improve, own, operate, maintain, sell, lease or lessor and lessee, and mortgage land, buildings and prop erty of all kinds within the County of Tift.
"C. 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 County of Tift or at any place within Tift County sufficiently close to the City of Tifton 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.
"D. To borrow money and to issue Revenue bonds, notes, and revenue certificates therefor and to sell, convey, mortgage, pledge and assign any and all of its funds property and income as security there for;
"E. To acquire in its own name by purchase on such terms and conditions, and in such manner as it may deem proper, or by condemna tion in accordance with the provisions of any and all existing laws applicable to the condemnation of property for public use, real prop erty or rights of easement therein or franchises necessary or con venient for its corporate purposes, and to use the same so long as its corporate existence shall continue and to lease or make contracts with respect to the use of or dispose of the same in any manner it deems to the best advantage of the authority, the authority being under no obligation to accept and pay for any property condemned under the Authority of this Act except from funds provided under the authority of this Act, and in any proceedings to condemn, such orders may be made by the court having jurisdiction of the suit, action or proceeding as may be just to the authority and to the owners of the property to be condemned.
"F. To encourage and promote the expansion of industry, agricul ture, trade, commerce and recreation in the City of Tifton, County of Tift, and to make long-range plans therefor.
"G 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;
"H. To elect its own officers from the membership of said Au thority and to authorize and empower such officers to act for the authority generally or any specific matter;
"I. To appoint and select officers, agents, and employees, includ ing engineering, architectural and construction experts fiscal agents and attorneys and fix their compensation, and the power to adopt
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JOURNAL OP THE HOUSE,
and amend a corporate seal and by-laws and regulations for the con duct and management of the Authority;
"J. To construct, erect, acquire, own, repair, remodel, maintain, add to, extend, equip and sell any project, to be located on property owned by or leased by the authority, the cost of such project to be paid in whole or part from the proceeds of the revenue bonds or cer tificates of the authority;
"K. To exercise all the powers, rights and privileges of and be subject to the same liabilities as a municipality under the provisions of the Revenue Certificate Law of 1937 (Ga. L. 1937, p. 761), with reference to the issuance of revenue anticipation certificates in so far as such pertain to the corporate purposes of the authority;
"L. To borrow money for any of its corporate purposes and to issue negotiable revenue bonds payable solely from funds or property pledged for that purpose, and to provide for the payment of the same and for the rights of the holders thereof;
"M. To use the rents, profits and proceeds from the projects erected, leased or sold, to provide maintenance for such projects, and to discharge the principal and interest of revenue bonds or certificates issued by the authority;
"N. To do all things within its powers to encourage the indus trial and agricultural development of Tift County, and to encourage the location of new industries in said county;
"0. To exercise any power usually possessed by private corpora tions performing similar functions, which is not in conflict with the Constitution and laws of this State.
"P. To do all things necessary and convenient to carry out the powers expressly given in this Act.
"Q. To receive and administer gifts, grants and donations and to administer trusts.
SECTION 3
The City of Tifton is hereby authorized to levy and collect an annual ad valorem tax of one (1) mill for developing and promoting industry and agriculture, and is hereby directed to pay the Authority all funds derived from such levy to be used for the purposes provided herein. The County of Tift is hereby authorized to levy and collect an annual ad valorem tax of one (1) mill for developing and promot ing industry and agriculture, and is hereby directed to pay to the Authority all funds derived from such levy to be used for the purposes provided herein.
SECTION 4
The Authority shall not be allowed to create in any manner any debt, liability or operation, against the City of Tifton, the State of Georgia, nor Tift County;
SECTION 5
The property, obligations and the interest on the obligations of the Authority shall have the same exemptions from taxation as the
MONDAY, FEBRUARY 17, 1958
913
property, obligations and interest on the obligations of the City of Tifton and Tift County.
"The exemptions 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 pur poses 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 pro vide by general or local law. The tax exemption herein provided also shall not include exemptions from sale and use taxes on property pur chased by the Authority or for use of the Authority."
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 Bagby Ballard Barber Barrett Baughman Birdsong Black Blalock of Coweta Bodenhamer Bolton Brackin Bradley Brennan Brooks of Fulton Broome Budd Busbee Cagle Callier A. Campbell of
Walker W. Campbell of
Walker Carlisle Carr Carswell Carter Chastain Cheek Coalson Cocke Cowart
Crummey Denmark Dorminy Ellis Eyler Floyd Fowler of Douglas Fowler of Treutlen Frazier Fuqua Gowen Green of Rabun Griffith Grimsley Gross of Stephens Gross of Dade Gunter Hall Hardaway Harper Hawkins Henderson Hill Hodges of Ware Hodges of Butts Hogan Holcombe Holley Holloway Huddleston Ingle Irvin Johnson Jones of Wayne
Jones of Worth Jones of Lumpkin Jones of Baker Jones of Laurens Jones of Sumter Jones of Crawford Kelley Kennedy Key Killian Kimmons Lindsey Lokey Long Lott Love Mackay Martin Matthews Miles Miller of Elbert Mobley Moorman Morris Moss Mull Murphy Musgrove McClelland McCracken McGibony McKenna Newton Nichols
914
JOURNAL OF THE HOUSE,
Odom Orr
Overby Palmer Parker of Pike
Parker of Appling Perkins Perry Peters
Pettey Phillips of Columbia Phillips of Walton
Pickett Raulerson Ray Roberts
Rodgers of Charlton Rogers of Heard
Ross Rowland
Scoggin Sheffield Short
Sivell Smith of Forsyth Smith of Emanuel Smith of Lamar
Smith of Fulton Smith of Whitfield Souter
Stephens Story Summers Tabb
Tamplin Tarpley
Taylor Todd
Truelove Twitty Underwood
Walker of Lowndes Walker of Telfair Watson Weems
Wells White Willingham
Willis Winkle Wright of Floyd Wright of Dodge
Yandle Young
On the adoption of the Resolution, the ayes were 154, nays 0.
The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.
HR 460-1117b. By Messrs. Cheatham, Eyler and Brennan of Chatham:
A RESOLUTION
Proposing an amendment to the Constitution so as to limit the authority of the fiscal authority of Chatham County to levy a tax for the support and maintenance of education; to provide for the submis sion 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 XII, Paragraph I of the Constitution, as amended, relating to taxation by counties for education is hereby amended by adding at the end of the first paragraph the following: "Provided further, however, the levy of said tax in Chatham County shall be in an amount not less than one (1) mill nor greater than fif teen (15) mills," so that the first paragraph of said Section shall read:
"Paragraph I. The fiscal authority of the several counties shall levy a tax for the support and maintenance of education not less than five mills nor greater than fiften mills (as recommended by the county board of education) upon the dollar of all taxable property in the county located outside independent school systems. The inde pendent school system of Chatham county and the city of Savannah, being co-extensive with said county, the levy of said tax shall be on all property in said county as recommended by the governing body of said system. Provided further, however, the levy of said tax in Chat ham County shall be in an amount not less than one (1) mill nor greater than fifteen (15) mills."
MONDAY, FEBRUARY 17, 1958
915
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, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
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 limit the tax that may be levied for education purposes in Chatham County."
"Against ratification of amendment to the Constitution so as to limit the tax that may be levied for educational purposes in Chatham 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 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 call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Alien Bagby Ballard Barber Barrett Baughman Birdsong Black Blalock of Coweta Bodenhamer Bolton Brackin Bradley Brennan Brooks of Fulton Broorne
Budd Busbee Cagle Callier A. Campbell of
Walker W. Campbell of
Walker Carlisle Carr Carswell Carter Chastain Cheek Coalson Cocke Cowart
Crummey Denmark Dorminy Ellis Eyler Floyd Fowler of Douglas Fowler of Treutlen Frazier Fuqua Gowen Green of Rabun Griffith Grimsley Gross of Stephens Gross of Bade Gunter
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JOURNAL OF THE HOUSE,
Hall of Lee Hardaway Harper Hawkins Henderson Hill Hodges of Ware Hodges of Butts Hogan Holcombe Holley Holloway Huddleston Ingle Irvin Johnson Jones of Wayne Jones of Worth Jones of Lumpkin Jones of Baker Jones of Laurens Jones of Sumter Jones of Crawford Kelley Kennedy Key Killian Kimmons Lindsey Lokey Long Lott Love Mackay Martin
Matthews Miles Miller of Elbert Mobley Moorman Morris Moss Mull Murphy Musgrove McClelland McCracken McGibony McKenna Newton Nichols Odom Orr Overby Palmer Parker of Pike Parker of Appling Perkins Perry Peters Pettey Phillips of Columbia Phillips of Walton Pickett Raulerson Ray Roberts Rodgers of Charlton Rogers of Heard Ross
Rowland Scoggin Sheffield Short Sivell Smith of Forsyth Smith of Emanuel Smith of Lamar Smith of Fulton Smith of Whitfield Souter Stephens Story Summers Tabb Tamplin Tarpley Taylor Todd Truelove Twitty Underwood Walker of Lowndes Walker of Telfair Watson Weems Wells White Willingham Willis Winkle Wright of Floyd Wright of Dodge Yandle Young
On the adoption of the Resolution, the ayes were 154, nays 0.
The Resolution, having received the requisite two-thirds constitutional majority, was adopted.
HR 472-1129a. By Mr. Love of Catoosa:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide a Board of Tax Administrators for Catoosa County; to provide their qualifications, terms, authority, duties, and compensation; to submit the amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1
Article VI, Section XVII, Paragraph I of the Constitution of
MONDAY, FEBRUARY 17, 1958
917
Georgia is hereby amended by adding to the end thereof the fol lowing :
"The power and authority to levy taxes and evaluate property in Catoosa County is hereby vested in a Board of Tax Administrators, which is hereby created for that purpose. The Board of Tax Adminis trators shall be composed of three members elected by the qualified voters of the entire county. To be eligible for election to the Board of Tax Administrators, a person must be at least 25 years of age, a resident of this State and said county for at least two years, and qualified to vote in the election for members of the General Assembly. Said Board is authorized to appoint and employ qualified and pro fessional appraisers to determine the true market value of the taxable property located in Catoosa County and to provide the compensation for such appraisers. Compensation of the members of the Board of Tax Administrators herein created shall be $30 per day for each day of actual service, plus actual expenses, said compensation to be payable monthly out of county funds. The Board of Tax Administrators shall be subject to all the provisions of the law with respect to levying taxes and evaluating property not in conflict with this paragraph.
"Not less than five nor more than fifteen days after the date of ratification of this amendment, it shall be the duty of the Ordinary of Catoosa County to issue the call for an election for the purpose of electing members to the Board of Tax Administrators. The Ordinary shall set the date of such election not less than ten nor more than twenty 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 preceding the date thereof in the official organ of Catoosa County. The members of the Board of Tax Administrators elected at such election shall take office immediately and serve until January 1, 1961, and until their successors are elected and qualified. Thereafter, all elections shall be held at the same time as the election for other county officers and the members elected to the Board of Tax Administrators at such elections shall serve for a term of four years and until their successors are elected and qualified. All persons elected to the membership on the Board of Tax Administrators shall subscribe to an official oath prescribed by the County Commissioner of Roads and Revenues and shall execute a bond in the amount of $2,000, conditioned upon the faithful and honest discharge of their duties, payable to said Commissioner.
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, such proposed amendment shall be published and submitted as pro vided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"For ratification of amendment to the Constitution so as to provide for a Board of Tax Administrators to levy taxes and evaluate property in Catoosa County."
918
JOURNAL OF THE HOUSE,
"Against ratification of amendment to the Constitution so as to provide for a Board of Tax Administrators to levy taxes and evaluate property in Catoosa 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 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 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 Bagby Ballard Barber Barrett Baughman Birdsong Black Blalock of Coweta Bodenhamer Bolton Brackin Bradley Brennan Brooks of Fulton Broome Budd Busbee Cagle Callier A. Campbell of
Walker W. Campbell of
Walker Carlisle Carr Carswell Carter Chastain Cheek
Coalson Cocke Cowart Crummey Denmark Dorminy Ellis Eyler Floyd Fowler of Douglas Fowler of Treutlen Frazier Fuqua Gowen Green of Rabun Griffith Grimsley Gross of Stephens Gross of Dade Gunter Hall of Lee Hardaway Harper Hawkins Henderson Hill Hodges of Ware Hodges of Butts Hogan Holcombe Holley
Holloway Huddleston Ingle Irvin Johnson Jones of Wayne Jones of Worth Jones of Lumpkin Jones of Baker Jones of Laurens Jones of Sumter Jones of Crawford Kelley Kennedy Key Killian Kimmons Lindsey Lokey Long Lott Love Mackay Martin Matthews Miles Miller of Elbert Mobley Moorman Morris Moss
MONDAY, FEBRUARY 17, 1958
919
Mull Murphy Musgrove McClelland McCracken McGibony McKenna Newton Nichols Odom Orr Overby Palmer Parker of Pike Parker of Appling Perkins Perry Peters Pettey Phillips of Columbia Phillips of Walton
Pickett Raulerson Ray Roberts Rodgers of Charlton Rogers of Heard Ross Rowland Scoggin Sheffield Short Sivell Smith of Porsyth Smith of Emanuel Smith of Larnar Smith of Pulton Smith of Whitfield Souter Stephens Story Summers
Tabb Tamplin Tarpley Taylor Todd Truelove Twitty Underwood Walker of Lowndes Walker of Telfair Watson Weems Wells White Willingham Willis Winkle Wright of Floyd Wright of Dodge Yandle Young
On the adoption of the Resolution, the ayes were 154, nays 0.
The Resolution, having received the requisite two-thirds constitutional majority, was adopted.
SB 265. By Senator Bentley of the 39th:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Acworth; and for other purposes.
The report of the committee which was favorable to 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 284. By Senator Coker of the 44th: 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 120, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
SB 285. By Senator Coker of the 44th: A Bill to be entitled an Act to create the City Court of Walker County; and for other purposes.
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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.
SB 286. By Senator Coker of the 44th:
A Bill to be entitled an Act to amend an Act incorporating the City of LaFayette; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 120, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
SB 250. By Senator McLaughlin of the 3rd:
A Bill to be entitled an Act to amend an Act creating the City Court of Jesup; and for other purposes.
The following amendment was read and adopted:
Mr. Jones of Wayne moves to amend SB 250 as follows:
By inserting in Section 3 of said Bill following the words, "Act of the General Assembly of Georgia," the words, "Provided, however, the governing authority of Wayne County may in addition to said salary supplement the compensation of said Judge in an amount not to exceed $1,000.00 per annum."
By inserting in Section 4 of said Bill following the words, "Act of the General Assembly of Georgia," the words, "Provided, however, the governing authority of Wayne County may in addition to said salary supplement the compensation of said Solicitor in an amount not to exceed $600.00 per annum."
The report of the committee which was favorable to the passage of the Bill, was agreed to, as amended.
On the passage of the Bill, as amended, the ayes were 120, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
SB 247. By Senator Pelham of the 7th:
A Bill to be entitled an Act to create a Small Claims Court in certain counties; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
MONDAY, FEBRUARY 17, 1958
921
On the passage of the Bill, the ayes were 113, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
SR 127. By Senator Oxford of the llth:
A RESOLUTION
Proposing an amendment to the Constitution so as to create the Terrell County Development Authority; to provide for powers, au thority, funds, purposes and 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:
"A. There is hereby created a body corporate and politic in Ter rell County to be known as the Terrell County Development Authority, which shall be an instrumentality of Terrell County and a public Cor poration 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 elected by a majority of the Board of Commis sioners of Roads and Revenues of Terrell County. The first members shall be elected for terms of one, two, three, four and five years, and thereafter their successors shall be elected to serve a term of five years. Vacancies shall be filled for the unexpired term by the said Board of County Commissioners. 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 a member of the Board of County Commis sioners of Terrell County, 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 obligations of the Authority shall have the same immunity from taxation as the property, obligations and interest on the obligations of Terrell County.
"D. The powers of the Authority shall include but not be limited to, the power:
"(1) To buy, acquire, develop, improve, own, operate, maintain, sell, lease as lessor and lessee, and mortgage land, buildings and prop erty of all kinds within the limits of Terrell County;
"(2) To receive and administer gifts, grants and donations and to administer trusts;
"(3) To grant, loan and lease any of its funds and property to private persons and corporations promising to operate any industrial plant or establishment within Terrell County which in the judgment of the Authority will be of benefit to the people of said county. 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
922
JOURNAL OF THE HOUSE,
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 Terr ell County and other political sub divisions 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 pro vide 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, agri culture, trade and commerce in Terrell County, and to make long range plans therefor;
"(8) 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;
"(9) To designate officers to sign and act for the Authority gen erally or in any specific matter;
"(10) To do any and all acts and things necessary or convenient to accomplish the purpose and powers of the Authority as herein stated.
"E. The Authority shall not be authorized to create in any man ner any debt, liability or obligation against the State of Georgia or Terrell County;
"F. The Authority shall have the same immunity and exemption from liability for torts and negligence as the State of Georgia and the officers, agents and employees of the Authority 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 obligation of the Authority;
"G. The members of the Authority shall receive no compensation for their services to the Authority;
"H. The Authority, with the consent of the Board of Commis sioners of Roads and Revenues of Terrell County, is hereby authorized to issue Revenue Certificates to carry out the purposes of this amend ment. Revenue Certificates, thus issued, shall be paid first from the income of the Authority. In the event such income is not sufficient to pay the principal and interest on such Revenue Certificates as they mature, then the Commissioners of Roads and Revenues are authorized and required to provide the additional funds necessary to make such payment, and for this purpose the said Commissioners are authorized to levy an annual tax on all taxable property within the county pro vided such tax shall not exceed five mills;
"I. The Commissioners of Roads and Revenues are also author-
MONDAY, FEBRUARY 17, 1958
923
ized, in addition to the tax provided in Paragraph H, to appropriate to the Authority such amount from its funds each year as it shall see fit, and any funds so appropriated when said to the Authority shall become a part of its funds and may be used by the Authority in accordance with its 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 obligation 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 Terrell County and its citizens, industry, agriculture and trade within the County of Terrell, and making long-range plans for such development and expansion and to authorize the use of public funds of Terrell County for such pur poses, 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 procla mation ;
"M. The General Assembly may by law further define and pre scribe the powers and duties of the Authority and the exercise thereof, and may enlarge and restrict the same, and may likewise further regulate the management and conduct of the Authority. The Authority shall be an instrumentality of Terrell County, and the scope of its operations shall be limited to the territory embraced within Terrell County. The General Assembly shall not extend the jurisdiction of the Authority nor the scope of its operations beyond the limits of Terrell County;
"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 Terrell County."
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 amend ment to the Constitution so as to create the Terrell County Develop ment Authority and to provide for powers, authority, funds, purposes and procedure connected therewith." "Against ratification of amend ment to the Constitution so as to create the Terrell County Development
924
JOURNAL OF THE HOUSE,
Authority and to provide for powers, authority, funds, purposes and procedures connected therewith."
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 call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Alien Bagby Ballard Barber Barrett Baughman Birdsong Black Blalock of Coweta Bodenhamer Bolton Brackin Bradley Brennan Brooks of Fulton
Broome Budd Busbee Cagle Callier A. Campbell of
Walker W. Campbell of
Walker Carlisle Carr Carswell Carter Chastain Cheek Coalson Cocke
Cowart Crummey Denmark Dorminy Ellis Eyler Floyd Fowler of Douglas Fowler of Treutlen Frazier Fuqua Gowen Green of Rabun Griffith Grimsley Gross of Stephens Gross of Dade Gunter Hall of Lee Hardaway Harper Hawkins Henderson Hill Hodges of Ware Hodges of Butts Hogan Holcombe Holley Holloway Huddleston Ingle Irvin
Johnson Jones of Wayne Jones of Worth Jones of Lumpkin Jones of Baker Jones of Laurens Jones of Sumter Jones of Crawford Kelley Kennedy Key Killian Kimmons Lindsey Lokey Long Lott Love Mackay Martin Matthews Miles Miller of Elbert Mobley Moorman Morris Moss Mull Murphy Musgrove McClelland McCracken McGibony
MONDAY, FEBRUARY 17, 1958
925
McKenna Newton Nichols Odom Orr Overby Palmer Parker of Pike Perkins Perry Peters Pettey Phillips of Columbia Philips of Walton Pickett Raulerson Ray Roberts Rodgers of Charlton
Rogers of Heard Ross Rowland Scoggin Sheffield Short Sivell Smith of Forsyth Smith of Emanuel Smith of Lamar Smith of Fulton Smith of Whitfield Souter Stephens Story Summers Tabb Tamplin Tarpley
Taylor Todd Truelove Twitty Underwood Walker of Lowndes Walker of Telfair Watson Weems Wells White Willingham Willis Winkle Wright of Floyd Wright of Dodge Yandle Young
On the adoption of the Resolution, the ayes were 154, nays 0.
The Resolution, having received the requisite two-thirds constitutional majority, was adopted.
HR 461-1117c. By Mr. Truelove of White:
A Resolution to designate a certain bridge as the "Roy Head 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 120, nays 0.
The Resolution, having received the requisite constitutional majority, was passed.
HR 462-1117d. By Mr. Truelove of White:
A Resolution to designate a certain bridge as the "Earl Nix 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 120, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following Bills and Resolutions of the House and Senate to wit:
926
JOURNAL OP THE HOUSE,
SB 290. By Senator McGarity of the 35th:
A Bill to amend the Act relating to game and fish laws so as to authorize the Director of the Game and Pish Commission to revoke licenses; and for other purposes.
SB 291. By Senator McGarity of the 35th:
A Bill to amend the Act relating to the game and fish laws so as to provide for the reissuance of lost licenses; and for other purposes.
SB 292. By Senator Bentley of the 39th:
A Bill to amend Code Section 113-1206 of the Code of Georgia pertain ing to a non-resident as an executor of a decreased citizen of Georgia, so as to provide that such non-resident may qualify as an executor if he has any interest in the estate of the deceased; and for other pur poses.
SB 301. By Senator Roper of the 41st:
A Bill to amend the Act creating a new charter for the town of Nelson, Ga., so as to change the term of office of the Mayor and Council; and for other purposes.
SB 302. By Senator Crawford of the 1st:
A Bill to prescribe the compensation for the chief judge of the Munici pal Court of Savannah; and for other purposes.
SB 303. By Senator Brown of the 52nd:
A Bill to amend the Act creating a joint City-County Board of Tax Assessors in counties having a population of 300,000 or more so as to change the power of said Tax Assessors; and for other purposes.
SB 304. By Senator Williams of the 51st:
A Bill to amend the Act incorporating Warner Robins, Georgia, so as to change the term of office of the Mayor and Council; and for other purposes.
SB 305. By Senator Brown of the 52nd:
A Bill to amend the Act establishing the Criminal Court of Atlanta so as to provide for a clerk of said court; and for other purposes.
SB 306. By Senator Jackson of the 21st:
A Bill to amend the Act creating a Board of Commissioners of Roads and Revenues for Jones County so as to provide for the payment of certain expenses of the Commissioners; and for other purposes.
The following message was received from the Senate through Mr. Stewart, the Secretary thereof: Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following Bills and Resolutions of the Senate to wit:
MONDAY, FEBRUARY 17, 1958
927
SB 308. By Senator Sanders of the 18th:
A Bill to provide that certain employees of the Ordinary in counties having a population of not less than 108,000 nor more than 114,000 shall be deputy clerks of the Court of Ordinary; and for other pur poses.
SB 309. By Senator Mashburn of the 33rd:
A Bill to amend the Act creating a Board of Commissioners of Roads ad Revenues for Forsyth County, Georgia, so as to change the com pensation of members of said board; and for other purposes.
SB 310. By Senator Mashburn of the 33rd:
A Bill to change the compensation of the Sheriff and the Clerk of the Superior Court of Forsyth County from the fee system to the salary system; and for other purposes.
SB 311. By Senator Mashburn of the 33rd:
A Bill to amend the Act creating the office of Tax Commissioner of Forsyth County so as to change the compensation of said Commis sioners; and for other purposes.
SB 283. By Senator Trotter of the 37th:
A Bill to carry into effect the Constitutional provisions relative to Troup County, Georgia, by abolishing all justice courts therein and establishing a civil court in and for said county; and for other pur poses.
SR 140. By Senator Hawes of the 30th:
A Resolution proposing an amendment to the Constitution of Georgia so as to provide for the election of members of the Board of Education of Elbert County by Education Districts; 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 Bill of the Senate to wit:
SB 202. By Senators Kelley of the 10th, Crawford of the 1st and Hawes of the 30th:
A Bill to further define the powers of the Georgia Ports Authority so as to authorize the Authority to sell, lease or otherwise dispose of surplus property, real or personal; to authorize the Governor to make available to the Authority funds appropriated for the estab lishment and development of port facilities; and for other purposes.
928
JOURNAL OP THE HOUSE,
The following message was received from the Senate though 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 54. By Mr. Bodenhamer of Tift:
A Bill to be entitled an Act to make it unlawful for any person to employ a person under eighteen in any place where liquor, beer or wine is sold; and for other purposes.
HB 240. By Messrs. Scoggin of Floyd, Fowler of Douglas and others:
A Bill to be entitled an Act to amend an Act known as the Georgia Food Act, so as to provide for the packaging of flour; and for other purposes.
HB 655. By Messrs. Cloud and Taylor of Decatur:
A Bill to be entitled an Act to amend an Act so as to authorize the Department of State Parks to purchase and provide uniforms to cer tain officers; and for other purposes.
HB 665. By Mr. Caldwell of Upson:
A Bill to be entitled an Act to repeal an Act pertaining to the repeal or amendment of charters of certain cities; and for other purposes.
HB 700. By Messrs. Smith, McClelland and Brooks of Fulton:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Atlanta, so as to extend the corporate limits; and for other purposes.
HB 767. By Mr. Rogers of Heard and others:
A Bill to be entitled an Act to amend an Act providing for the regula tion of the sale of livestock at auction; and for other purposes.
HB 769. By Messrs. Irvin of Habersham, Hall of Floyd and others:
A Bill to be entitled an Act to provide for the execution of a bond by school principals; and for other purposes.
HB 779. By Mr. Lindsey of Spalding:
A Bill to be entitled an Act to amend an Act providing for the regis tration and protection of trade-marks; and for other purposes.
HB 792. By Messrs. Floyd of Chattooga, McKenna of Bibb and others:
A Bill to be entitled an Act to amend an Act known as the Civil Defense Act of 1951, to redefine the membership of the Civil Defense Advisory Council; and for other purposes.
MONDAY, FEBRUARY 17, 1958
929
The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the follow ing Bills and Resolutions of the House and Senate to wit:
HB 793. By Messrs. Floyd and Weems of Chattooga and McKenna of Bibb:
A Bill to be entitled an Act to amend the Georgia Civil Defense Act of 1951, authorizing the Governor to designate a temporary seat of government; and for other purposes.
HB 794. By Messrs. McKenna of Bibb, Floyd of Chattooga and others:
A Bill to be entitled an Act to amend the Georgia Civil Defense Act of 1951 authorizing officials to appoint deputies and designate lines of succession; and for other purposes.
HB 933. By Messrs. M. M. Smith, Brooks and McClelland of Fulton:
A Bill to be entitled an Act to amend an Act relating to pensions for members of police department in cities having population of 150,000; and for other purposes.
HB 947. By Messrs. Holloway and Busbee 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 948. By Messrs. Holloway and Busbee 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 enlarge the powers of eminent domain; and for other purposes.
HB 952. By Messrs. Busbee and Holloway of Dougherty:
A Bill to be entitled an Act creating a new charter for the City of Albany, so as to authorize said City to terminate certain franchises; and for other purposes.
HB 953. By Messrs. Chastain and Willis of Thomas:
A Bill to be entitled an Act to amend the Charter of the City of Thomasville; and for other purposes.
HB 954. By Mr. Walker of Telfair:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Milan; and for other purposes.
HB 958. By Messrs. McClelland, Brooks and Smith of Fulton:
A Bill to be entitled an Act establishing a new charter for the City of College Park, providing for the repaving of streets; and for other purposes.
930
JOURNAL OF THE HOUSE,
The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following Bills and Resolutions of the House and Senate to wit:
HB 962. By Messrs. Pickett and Coalson of Polk:
A Bill to be entitled an Act to place the Coroner of Polk County on a salary basis in lieu of a fee basis; and for other purposes.
HB 963. By Messrs. Pickett and Coalson of Polk:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Cedartown; and for other purposes.
HB 964. By Mr. Hendrix of Long:
A Bill to be entitled an Act to amend an Act supplementing the compensation of the Ordinary of Long County; and for other purposes.
HB 965. By Mr. Hendrix of Long:
A Bill to be entitled an Act to amend an Act establishing a City Court of Ludowici; and for other purposes.
HB 968. By Messrs. McClelland, Brooks and Smith of Fulton:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Fairburn; and for other purposes.
HB 969. By Messrs. McKenna, Carlisle and Wilson of Bibb:
A Bill to be entitled an Act to close an alley known as Cemetery Lane in the City of Macon; and for other purposes.
HR 258. By Mr. Frazier of Jeff Davis:
A Resolution authorizing the transfer of the State Farmer's Market property at Hazlehurst to the Jeff Davis County Board of Education; and for other purposes.
HR 271. By Mr. Hawkins of Screven:
A Resolution authorizing the placing of busts of two Georgia signers of the Constitution in the Georgia Hall of Fame; and for other pur poses.
HR 287. By Mr. Hawkins of Screven:
A Resolution authorizing the conveyance of certain property in Coffee County; and for other purposes.
The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
MONDAY, FEBRUARY 17, 1958
931
Mr. Speaker:
The Senate has passed as amended by the requisite constitutional majority the following Bills of the House to wit:
HB 829. By Messrs. Payton of Coweta, Kimmons of Pierce and others:
A Bill to be entitled an Act to amend an Act defining and regulating the business of representing insurers; and for other purposes.
HB 872. By Messrs. McClelland, Smith and Brooks of Fulton:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of East Point by annexing additional land; and for other purposes.
The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has adopted the report of a Committee of Conference on the following Bill of the House to wit:
HB 505. By Messrs. A. Campbell and William Campbell of Walker:
A Bill to be entitled an Act to amend the Charter of the City of Rossville; to provide for an increase in tax rates; 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 130. By Senator Dunn of the 8th:
A Resolution authorizing and directing that action be taken to cause the removal of building restrictions from deeds by the Federal Govern ment to certain property adjacent to the Jim Woodruff Reservoir; and for other purposes.
Referred to Committee on Rules.
The following Resolution was read and adopted.
SR 137. By Senator Hill of the 54th:
A Resolution calling a joint session of the General Assembly for the purpose of hearing an address by Hon. Richard Russell.
SR 138. By Senators Ellard of the 31st, Cox of the 50th and Langdale of the 6th:
A Resolution to continue a committee to study ways and means of promoting the location of industries in Georgia.
Referred to Committee on Rules.
932
JOURNAL OF THE HOUSE,
SB 288. By Senator Crawford of the 1st:
A Bill to be entitled an Act to provide for the compensation of the Ordinary of Chatham County; and for other purposes.
Referred to Committee on Local Affairs.
SB 236. By Senator Peters of the 36th:
A Bill to be entitled an Act to require universities, colleges, business, normal and professional schools to obtain a certificate of approval from the State Board of Education; and for other purposes.
Referred to Committee on Education.
SB 237. By Senator Peters of the 36th:
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 Committee on Education.
SB 289. By Senator Crawford of the 1st:
A Bill to be entitled an Act to amend the Act incorporating the Town of Thunderbolt, to provide for a recorder's court; and for other purposes.
Referred to Committee on Local Affairs.
SB 294. By Senators Kelley of the 10th and Bentley of the 39th:
A Bill to be entitled an Act providing for coverage of certain officers of political subdivisions under the Old Age and Survivors Insurance provisions of the Federal Social Security Act so as to provide coverage of Judges of the Court of Appeals under said Act; and for other purposes.
Referred to Committee on Welfare.
SB 295. By Senator Paris of the 27th:
A Bill to be entitled an Act to amend the Act providing a new charter for the City of Winder, so as to enlarge the corporate limits; and for other purposes.
Referred to Committee on Local Affairs.
SB 202. By Senators Kelley of the 10th, Crawford of the 1st and Hawes of the 30th:
A Bill to be entitled an Act to further define the powers of the Georgia Ports Authority so as to authorize the Authority to sell, lease or oherwise dispose of surplus property, real or personal; and for other purposes.
Referred to the Committee on State of Republic.
SB 283. By Senator Trotter of the 37th:
A Bill to be entitled an Act to carry into effect the Constitutional
MONDAY, FEBRUARY 17, 1958
933
provisions relative to Troup County Georgia by abolishing all justice courts therein and establishing a civil court in and for said county; and for other purposes.
Referred to the Committee on Local Affairs.
SB 308. By Senator Sanders of the 18th:
A Bill to be entitled an Act to provide that employees of the Ordinary of certain counties, with the exception of the Clerk of the Courts of Ordinary, shall be deputy Clerks of the Court of Ordinary and author ized to perform duties of such deputies; and for other purposes.
Referred to the Committee on Local Affairs.
SB 309. By Senator Mashburn of the 33rd:
A Bill to be entitled an Act to amend the Act creating a Board of Commissioners of Roads and Revenues for Forsyth County; and for other purposes.
Referred to the Committee on Local Affairs.
SB 310. By Senator Mashburn of the 33rd:
A Bill to be entitled an Act to change the compensation of the Sheriff and Clerk of the Superior Court of Forsyth County from the fee system to the salary system; and for other purposes.
Referred to the Committee on Local Affairs.
SB 311. By Senator Mashburn of the 33rd:
A Bill to be entitled an Act to abolish the office of tax receiver and tax collector of Forsyth County; and for other purposes.
Referred to the Committee on Local Affairs.
SR 140. By Senator Hawes of the 30th:
A Resolution proposing an amendment to the Constitution so as to provide for the election of members of the Board of Education by districts; and for other purposes.
Referred to the Committee on Local Affairs.
SB 290. By Senator McGarity of the 35th:
A Bill to be entitled an Act to amend the Act relating to game and fish laws so as to authorize the Director of the Game and Fish Com mission to revoke licenses; and for other purposes.
Referred to the Committee on Natural Resources.
SB 291. By Senator McGarity of the 35th:
A Bill to be entitled an Act to amend the Act relating to the game and fish laws so as to provide for the reissuance of lost licenses; and for other purposes.
Referred to the Committee on Natural Resources.
934
JOURNAL OF THE HOUSE,
SB 292. By Senator Bentley of the 39th:
A Bill to be entitled an Act to amend Code Section 113-1206, as amended pertaining to a non-resident as an executor of a deceased citizen of Georgia, so as to provide that such a non-resident may qualify as an executor if he has any interest in the estate of the deceased; and for other purposes.
Referred to the Committee on Judiciary.
SB 301. By Senator Roper of the 41st:
A Bill to be entitled an Act to amend an Act approved Feb. 25, 1949 creating a new charter for the Town of Nelson; and for other purposes.
Referred to the Committee on Local Affairs.
SB 302. By Senator Crawford of the 1st:
A Bill to be entitled an Act to prescribe and establish compensation and/or salary for the Chief Judge of the Municipal Court of Savannah; and for other purposes.
Referred to the Committee on Local Affairs.
SB 303. By Senator Brown of the 52nd:
A Bill to be entitled an Act creating a joint City-County Board of Tax Assessors in certain counties; and for other purposes.
Referred to the Committee on Local Affairs.
SB 304. By Senator Williams of the 51st: A Bill to be entitled an Act to amend the Act incorporating Warner Robins, Ga., so as to change the term of office of the Mayor and Council; and for other purposes.
Referred to the Committee on Local Affairs.
SB 305. By Senator Brown of the 52nd: A Bill to be entitled an Act to amend an Act to establish the Criminal Court of Atlanta; and for other purposes.
Referred to the Committee on Local Affairs.
SB 306. By Senator Jackson of the 21st: A Bill to be entitled an Act to amend an Act creating a Board of Commissioners of Roads and Revenues for Jones County; and for other purposes.
Referred to the Committee on Local Affairs.
The following Resolution of the Senate was read and adopted:
SR 137. By Senator Hill of the 54th: A Resolution calling a Joint Session of the General Assembly for the
MONDAY, FEBRUARY 17, 1958
935
purpose of hearing a message by Hon. Richard B. Russell; and for other purposes.
The Clerk was directed to correct an error in HB 703.
HR 260-662j. By Mr. Irvin of Habersham:
A Resolution compensating Stovall Motor Company, Inc.; and for other purposes.
The report of the committee which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 113, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
HR 297-744a. By Mr. McWhorter of DeKalb:
A Resolution compensating Mrs. Christine Howell Ivie; and for other purposes.
The report of the committee which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 113, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
HR 302-744f. By Busbee of Dougherty: A Resolution to compensate Mr. Sim Brown; and for other purposes.
The report of the committee which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 113, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
HR 304-744h. By Mr. Ellis of Henry:
A Resolution to compensate Mr. Elias Pink Griswell; and for other purposes.
The report of the committee which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 113, nays 0.
936
JOURNAL OF THE HOUSE,
The Resolution, having received the requisite constitutional majority, was adopted.
HR 317-772h. By Mr. Truelove of White:
A Resolution to compensate Mr. Franklin Truelove; and for other purposes.
The report of the Committee which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 113, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
HR 325-773b. By Mr. Phillips of Columbia: A Resolution to compensate William H. Beall; and for other purposes.
The report of the committee which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 113, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
HR 339-806a. By Mr. Ingle of Gordon:
A Resolution to compensate Freeman B. Roberts; and for other purposes.
The report of the committee which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 113, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
HR 343-827a. By Messrs. Twitty and Palmer of Mitchell: A Resolution to compensate James H. Edwards; and for other purposes.
The report of the committee which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 113, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
MONDAY, FEBRUARY 17, 1958
937
HR 355-847b. By Mr. McClelland of Pulton: A Resolution to compensate James S. Bonner; and for other purposes.
The report of the committee which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 113, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
HR 356-847c. By Mr. McClelland of Fulton:
A Resolution compensating 1st Lieutenant Charles H. Cox, Jr.; and for other purposes.
The report of the committee which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 113, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
HR 361-874c. By Mr. Cheatham of Chatham:
A Resolution compensating the American News 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 113, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
HR 344-827b. By Messrs. Morris and Bodenhamer of Tift:
A Resolution to compensate Grady Bmmitt Burgess of Tifton; and for other purposes.
The report of the committee which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 113, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
HR 391-940c. By Messrs. Blalock and Lee of Clayton: A Resolution to compensate Mr. W. M. Thomas; and for other purposes.
938
JOURNAL OP THE HOUSE,
The report of the committee which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 113, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
HR 417-1044d. By Messrs. Roberts and Fellows of Coffee:
A Resolution to compensate Dr. Horace G. Joiner; and for other purposes.
The report of the committee which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 113, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
HR 429-1070d. By Mr. Tarpley of Union: A Resolution to compensate C. A. Arnold; and for other purposes.
The report of the committee which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 113, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
HR 445-1109d. By Messrs. Moss and Story of Gwinnett: A Resolution to compensate Mr. Bob Burel; and for other purposes.
The report of the committee which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 113, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
HR 448-1109g. By Messrs. Blalock and Lee of Clayton:
A Resolution to compensate Mrs. C. R. (Gladys D.) Chesney; and for other purposes.
The report of the committee which was favorable to the adoption of the Resolution, was agreed to.
MONDAY, FEBRUARY 17, 1958
939
On the adoption of the Resolution, the ayes were 113, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
HR 138-412b. By Messrs. Newton and Short of Colquitt: A Resolution to compensate David Norman; and for other purposes.
The following amendment was read and adopted:
The Appropriations Committee amends HR 138-412b by striking the figure $600.00 wherever found in said Resolution and inserting in lieu thereof the figure $450.00.
The report of the committee which was favorable to the adoption of the Resolution, as amended, was agreed to.
On the adoption of the Resolution, as amended, the ayes were 113, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, as amended.
HR 195-588a. By Mr. Cheatham of Chatham:
A Resolution to compensate Mr. and Mrs. Lynn Daniel; and for other purposes.
The following amendment was read and adopted:
The Appropriations Committee amends HR 195-588a by striking from the third line of the last paragraph thereof the symbol and figures $10,348.99 and inserting in lieu thereof the symbol and figures $128.45.
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 113, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, as amended.
HR 301-744e. By Mr. Busbee of Dougherty:
A Resolution to compensate Mrs. Ettean Brown Sullivan; and for other purposes.
The following amendment was read and adopted:
The Appropriations Committee amends HR 301-744e by striking therefrom the figures "$1,747.44" from the fourth line of the last para graph on page 2 thereof, and inserting the figures "$500.00" in lieu thereof, so that the compensation is limited to $500.00.
940
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 113, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, as amended.
HR 320-772k. By Mr. Jones of Laurens: A Resolution to compensate Raymond Blizzard; and for other purposes.
The following amendment was read and adopted:
The Appropriations Committee amends HR 320-772k by striking paragraph 5 of said Resolution in its entirety and substituting in lieu thereof the following:
Whereas, as a result of said collision, Raymond Blizzard sustained loss of earnings in the amount of $450.00, resulting in a total of ex penses, damages and loss of earnings in the amount of $1,885.00, for which it is only just and proper that Raymond Blizzard be compensated therefor.
Said committee amends HR 320-772k by striking from the last paragraph the figure $4,069.00 and inserting in lieu thereof the figure $1,885.00.
The report of the committee which was favorable to the adoption of the Resolution, as amended, was agreed to.
On the adoption of the Resolution, as amended, the ayes were 113, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, as amended.
HR 321-772L. By Mr. Cloud of Decatur: A Resolution to compensate Mr. C. A. Mobley; and for other purposes.
The following amendment was read and adopted:
The Committee on Appropriations amends HR 321-772L by striking the figure $215.81 found in the third line, last paragraph, and inserting in lieu thereof the figure $50.00.
The report of the committee which was favorable to the adoption of the Resolution, as amended, was agreed to.
On the adoption of the Resolution, as amended, the ayes were 113, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, as amended.
MONDAY, FEBRUARY 17, 1958
941
HR 345-827c. By Messrs. McKenna and Wilson of Bibb: A Resolution to compensate Lovett White; and for other purposes.
The following amendment was read and adopted:
The Appropriations committee amends HR 345-827c by striking therefrom the figures "$2,000.00" in the last paragraph of said Reso lution and inserting in lieu thereof the words and figures "Five Hundred Dollars ($500.00)".
The report of the committee which was favorable to the adoption of the Resolution, as amended, was agreed to.
On the adoption of the Resolution, as amended, the ayes were 113, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, as amended.
HR 346-827d. By Messrs. McKenna, Wilson and Carlisle of Bibb: A Resolution to compensate W. J. Wilkerson; and for other purposes.
The following substitute was read and adopted:
By Messrs. McKenna, Wilson and Carlisle of Bibb:
A RESOLUTION
To compensate W. J. Wilkerson; and for other purposes.
WHEREAS, on May 31, 1957, Mr. W. J. Wilkerson was driving his 1954 Ford Automobile in a northerly direction on Georgia State High way 247, about nine miles south of Macon; and
WHEREAS, an employee of the State Highway Department, while engaged in the performance of his duties, was attempting to gain entrance to the northbound lane of said Highway 247 in which said W. J. Wilkerson was proceeding toward Macon; and
WHEREAS, said Highway Department employee, after stopping before driving into said lane, then suddenly and without warning to Mr. Wilkerson, pulled his said truck directly into the path of the Wilkerson vehicle; and
WHEREAS, as a result of said accident, Mr. Wilkerson received personal injuries as well as damages in the amount of Seven Hundred, Eighty Five Dollars ($785.00) to his said 1954 Ford automobile; and
WHEREAS, the said W. J. Wilkerson also incurred hospital ex penses in the amount of One Hundred Sixty-Nine Dollars ($169.00) and doctor bills in the amount of One Hundred Dollars ($100.00);
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the State Highway Department is hereby authorized and directed to pay Mr. W. J. Wilkerson the sum of One Thousand and Fifty-Four Dollars ($1,054.00) as compensation as set out above. Said sum shall be paid from funds appropriated to or available to said Department.
942
JOURNAL OF THE HOUSE,
The report of the committee which was favorable to the adoption of the Resolution, was agreed to, by substitute.
On the adoption of the Resolution, by substitute, the ayes were 113, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, by substitute.
HR 419-1044f. By Mr. Caldwell of Upson: A Resolution to compensate Mrs. Blanche Phillips; and for other purposes.
The following amendment was read and adopted: The Committee on Appropriations moves to amend HR 419-1044f
by striking the figure "$9,000.00" in the last paragraph of said Reso lution and inserting in lieu thereof the figure "$3,379.00".
The report of the committee which was favorable to the passage of the Bill, was agreed to, as amended.
On the passage of the Bill, as amended, the ayes were 113, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, as amended.
The following report of the Committee on Rules was read and adopted:
February 17, 1958
Mr. Speaker:
Your Committee on Rules met and fixed a calendar for today, Monday, February 17, 1958 and submits the following:
HR 369-881a. Peace officers, taxes for retirement system
HR 290.
Amend House Rules 152 and 153
HB 1055.
Nomination of President and Vice-President
HB 1056.
Voters; qualifications
HB 1057.
Department Public Safety; appropriations
HB 1058.
Ga. Commission of Surplus Property
HR 427-1070b. General Assembly, terms of members
HB 687.
Department of Public Safety
HB 951.
Motor Fuels, tax exemption
HB 862.
Secretary of State; employees to accept service
HB 822.
County Supt. of Schools; qualifications
HB 823.
Food Sanitation; standards
MONDAY, FEBRUARY 17, 1958
943
HB 1030. HR 428-1070c. HB 768. HB 670. HB 642. HB 702. HB 875. HB 1036. HR 446-1109e. HB 990. HB 910. HB 912. HB 903. HR 321-7721. SB 37. SB 106. HB 825. HR 394-944a. HR 343-827a. HB 620. HB 902. SB 226. HR 263-662m. HB 790. HB 670. HR 327-785b. HR 328-785c. HR 331-785f. HR 326-785a. HR 435-1071b. HB 727.
Ports Authority Unclaimed Funds; Superior Court Tax exemption; fraternities Milk Products; licenses Directors; corporations Facsimile Signature, officials Private Funds, State Officials Court Reporters, judicial Circuits; comp. Municipal Streets, roads State Hospital Authority Writs of garnishment Constables' fees Justice of Peace fees Grade Crossings Compensate Mobley Laws of descent, person entitled to property Solicitor-General, O.A.S.I. Wife's separate estate (unfav. rpt.) Youth Honor Day Compensate Edwards Tags, National Guard Abandoned wells, holes Duties, ordinaries and clerks State Merit System rights; explain to employees Employees Retirement System Directors, corporations Plaque, Hall of Fame Busts, Hall of Fame Records, Confederate Army Monument, Captain Wirtz Ordinary, pensions Fishing on Sunday
When this Calendar has been exhausted, the Speaker may in his discretion call up any Bill on the General Calendar in any order he deems advisable.
944
JOURNAL OF THE HOUSE,
After this Calendar has been exhausted the Speaker may in his discretion call up any Bill on the General Calendar.
Hawking of Screven, Vice-Chairman McCracken of Jefferson, Secretary
Under the provisions of SR 137, the Speaker appointed as an Escort Com mittee on the part of the House, the following members:
Messrs. Key of Jasper, Veal of Putnam and Blalock of Coweta.
The following Resolution of the House was read and referred to the Com mittee on Agriculture:
HR 484. By Messrs. Tamplin of Morgan, Fowler of Douglas, Mobley of Burke, and McGibony of Greene:
A RESOLUTION
Relative to the handling of the Soil Bank Program.
WHEREAS, Georgia cotton farmers are presently in the midst of the greatest turmoil since Reconstruction Days, due in large part to the insufficiency of Soil Bank funds, and
WHEREAS, only about half of the Georgia cotton farmers who desired to participate in the Soil Bank Program are now participating, and
WHEREAS, the other half are not entitled to any benefits due to to the fact that they applied too late after being told that there was sufficient time to participate in said Program, and they were not permitted to participate due to a lack of funds in the Soil Bank Program,
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the administration of the Soil Bank Program be handled in such a way as to enable all farmers to participate therein,
BE IT FURTHER RESOLVED that the United States Congress be urged and memorialized to make available sufficient funds to enable all farmers desiring to participate in the Program to do so,
BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to each member of the Georgia delegation in Congress and to the Secretary of Agriculture of the United States and to the Honorable John Bradley, Chairman, State Agricultural Stabilization and Conservation Service.
Under the provisions of HR 341-806c, the Speaker appointed as a Committee to secure evidence and information in the drafting of prescribed legislation for the Koinonia Farms, Inc., the following members of the House:
Messrs. Busbee of Dougherty, Jones and Murr of Sumter, Jones of Worth and Veal of Putnam:
The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto:
MONDAY, FEBRUARY 17, 1958
945
HB 911. By Messrs. Holloway and Busbee of Dougherty:
A Bill to be entitled an Act to create the Albany Dougherty Payroll Development Authority; and for other purposes.
The following Senate amendment was read:
Kelley of the 10th District moves to amend HB 911 as follows:
1.
By amending the caption of said Bill after the words "and for the validation of such certificates;" the following words, to-wit: "to pro vide for the exemptions applicable to said authority and to evidences of indebtedness issued by said authority;"
2.
By striking in line 5 of Section 2 the period after the word "city" and substituting in lieu thereof the following, to-wit: "and county."
3.
By striking paragraph (9) of Section 6 and inserting a new para graph in lieu thereof to read as follows:
(g) To construct, erect, acquire, own, repair, remodel, maintain, extend, improve, sell, equip, expand, add to, operate and manage projects, and to pay the cost of any such project from the proceeds of revenue-anticipation certificates or bonds or any other income of the Authority, or from any constribution or loans by persons, firms, or corporations, all of which the Authority is hereby authorized to receive and accept and use.
Mr. Busbee of Dougherty moved that the House agree to the Senate amend ment to HB 911.
On the motion to agree, the ayes were 103, nays 0.
The Senate amendment to HB 911 was agreed to.
The following Resolution of the House was read and referred to the com mittee on Defense and Veterans Affairs:
HR 485. By Messrs. Floyd and Weems of Chattooga and Ingle of Gordon:
A RESOLUTION
Pertaining to a memorial by the Georgia Chapter of the Gold Star Mothers of the State of Georgia; and for other purposes.
WHEREAS, the General Assembly in 1947 (Ga. Laws 1947, page 1734), passed a Resolution authorizing the erection of a monument by the Gold Star Mothers of the State of Georgia to honor their sons who gave their lives in defense of their country, and
WHEREAS, no provision was made for the handling of the affairs necessary to the establishment of such monument,
946
JOURNAL OF THE HOUSE,
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the monument described in the aforesaid Resolution of 1947 be placed in the State Capitol at a place to be determined by the Georgia Art Commission, and the Secretary of State is hereby authorized and directed to manage or handle all details rela tive thereto. As provided in said Resolution, the Georgia Chapter of the Gold Star Mothers shall defray the expenses of the memorial and the erection thereof.
Pursuant to Joint Resolution adopted by the House and Senate, the Senate appeared upon the floor of the House and the Joint Session convened for the purpose of hearing a message frm Senator Richard B. Russell, was called to order by the President of the Senate.
Accompanied by Governor Griffin, the Committee of Escort, and other dis tinguished guests, Senator Richard B. Russell appeared upon the floor of the House.
The Lieutenant-Governor presented Governor Marvin Griffin to the General Assembly, who in turn gave the following remarks in presenting Senator Richard B. Russell:
It is indeed an honor and a pleasure to introduce to you this morning an outstanding Georgian, an outstanding American, and an outstanding statesman. Surely in every sense of the word, Senator Richard B. Russell can walk with pride in each of these roles.
This outstanding public servant began his service to the people of Georgia in 1918 as a country lawyer in Winder. In 1921, he was elected to this same General Assembly and during that time he rose to occupy the seat of Speaker of the House.
In 1931, he took office as Chief Executive of the State of Georgia, and before his term expired in January of 1933, he was elected United States Senator.
He began his service on January 12, 1933, only two days after his term as Governor had expired, and since that day he has served con tinuously in the Senate of the United States.
For several years this outstanding statesman was the Senate's third man in seniority, while still Georgia's Junior Senator. He is be ginning his second year as Georgia's Senior Senator.
As a way of showing the great amount of respect his congressional colleagues had for him, he was named to the Senate Armed Services Committee as well as the all important Finance Committee. Over the years, Senator Russell has risen to Chairman of the Armed Services Committee and to the second seat on the Finance Committee.
More recently he has been elected Chairman of the Democratic Senatorial Caucus Committee. As a man of leadership, an expert on parliamentary procedure, and as a man of strong oratory, his Senate colleagues often look to him for advice and guidance.
In the 1948 Democratic Convention, Senator Russell received the greatest compliment and the highest honor that can be conferred on any man. His name was placed in nomination for the Presidency of
MONDAY, FEBRUARY 17, 1958
947
the United States. Again in Chicago in 1952, his name was placed in nomination for this office.
This high tribute which was twice given to this distinguished statesman makes the second time in the history of this nation when a Georgian has been placed in a position of contention to become President of the United States.
The first time was the election in the year 1824 in which the Honorable William H. Crawford ran for the office of President against Adams, Jackson and Clay.
History records that Crawford would have been overwhelmingly elected President had it not been for the extreme illness that prevented him from actively campaigning for this office. Crawford received 41 electoral votes.
Even so, this presidential election was thrown into the House of Representatives who elected John Quincy Adams.
Striking a close parallel with the situation which faced Crawford, is the suggestion today that Richard B. Russell was not elected Presi dent of the United States because his "geography was wrong".
Of course, we here in Georgia know that his geography is right.
We also know that his political philosophy is right and that he certainly would have made this nation the greatest President in its history.
It is with pleasure that I present to you Georgia's distinguished Senior United States Senator, the Honorable Richard B. Russell.
Senator Richard B. Russell gave a very informative address to the members of the General Assembly on the preservation of constitutional government.
Senator Hawes of the 30th moved that the Joint Session be now dissolved, and the motion prevailed.
The President of the Senate announced the Joint Session dissolved.
The Speaker called the House to order.
The Speaker announced the House recessed until 2:00 o'clock p.m.
AFTERNOON SESSION
2:00 o'clock p.m.
The Speaker called the House to order.
The following Resolution of the House was read and adopted:
HR 486. By Mr. Hall of Lee: A Resolution relative to the disposition of the Leesburg State Farmers' Market property; and for other purposes.
948
JOURNAL OF THE HOUSE,
The following Resolution of the House was read the third time and adopted:
HR 422. By Mr. Broome of Bacon:
A Resolution relative to establishing Alma as the emergency capitol city of Georgia; and for other purposes:
The following Resolution of the House was read and adopted:
HR 487. By Messrs. Cheatham, Eyler, and Brennan of Chatham:
A RESOLUTION
BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF GEORGIA, that:
WHEREAS, The Honorable Frank McNall, late of Savannah,
Chatham County, Georgia, came to an untimely death on Saturday,
February 15 at his home in Savannah; and
,
WHEREAS, the closing of his useful, full, and active career will leave a void in the civic, social, and religious life of this community; and
WHEREAS, he served with distinction and honor for a number of years as representative from Chatham County in the House of Representatives of Georgia:
NOW, THEREFORE BE IT RESOLVED by the House of Repre
sentatives in regular session assembled, that this body make this public acknowledgment and expression of its feeling of great loss in the
untimely closing of the useful life of a former representative like Mr. McNall.
RESOLVED FURTHER, that a copy of this Resolution be spread upon the Journal of the House of Representatives, and that the Clerk
of the House be instructed to send a copy thereof to the bereaved family of the late representative, Mr. McNall.
The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto:
HB 829. By Messrs. Payton of Coweta, Kimmons of Pierce, and others:
A Bill to be entitled an Act to amend an Act defining the business of representing insurers; and for other purposes.
The following Senate amendment was read:
The Committee of the Senate on Industry and Labor moves to amend HB 829 by striking the words "be entitled to" in line six of Section 17 of Section 1 so that such sentence shall thereafter read: ", such resident agent shall receive for his services in effectuating said contract fifty percent (50%) of the non-resident producer's commis sion."
Mr. Payton of Coweta moved that the House agree to the Senate amendment.
MONDAY, FEBRUARY 17, 1958
949
On the motion to agree, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Bagby Ballard Barber Barrett Baughman Black Blalock of Coweta Blalock of Clayton Bodenhamer Bolton Broome Budd Burkhalter Callier Carlisle Carr Chastain Cheatham Cheek Coalson Crummey Duncan Elder Ellis Eyler Floyd Flynt Fordham Fowler of Douglas Frazier Fuqua Gowen Greene of Bartow Griffith Gross of Stephens Hall of Floyd Hall of Lee Hardaway Hawkins Henderson
Hill Hodges of Butts Hogan Holley Holloway Hurst Ingle Irvin Johnson Jones of Wayne Jones of Worth Jones of Lumpkin Jones of Laurens Jones of Crawford Kelley Kimmons Lam Lanier Lee Lindsey Lokey Long Lott Love Mann Martin Matthews Miles Miller of Twiggs Mobley Moorman Morris Moss Murphy Murr Musgrove McGibony Newton Nichols Odom Palmer
Parker of Pike Parker of Ware Parker of Appling Payton Perry Peters Pickard Pickett Ray Roberts Rodgers of Charlton Rogers of Heard Ross Rowland Scoggin Sheffield Singer Sivell Smith of Forsyth Smith of Emanuel Smith of Whitfield Smith of Bryan Stephens Story Summers Tabb Tamplin Tarpley Taylor Truelove Twitty Underwood Walker of Lowndes Walker of Telfair Wells White Wilson Winkle Wooten Wright of Floyd Yandle
On the motion to agree, the ayes were 125, nays 0.
The Senate amendment to HB 829 was agreed to.
The following Resolution of the House was again taken up for consideration, read, and adopted:
HR 475. By Messrs. Harper of Gilmer, Kelley of Dawson, and others: A Resolution urging the Congress of the United States to investigate
950
JOURNAL OF THE HOUSE,
the policies and actions of the U. S. Forestry Service; and for other purposes.
The following Resolution of the House was read the third time and adopted:
HR 394-944a. By Mr. Smith of Forsyth:
A Resolution to proclaim and designate October 31st of each year as "Youth Honor Day", and for other purposes.
Under the order of business established by the Committee on Rules, the following Bill and Resolutions of the House were taken up for consideration and read the third time:
HB 670. By Messrs. Moate of Hancock, Hawkins of Screven, and Scoggin of Floyd:
A Bill to be entitled an Act to prescribe the number of directors for corporations incorporated by the Secretary of State; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.
Adams Alien Bagby Ballard Barber Baughman Birdsong Black Blalock of Coweta Blalock of Clayton Bodenhamer Brackin Brennan Brennan Brooks of Oglethorpe Broome Budd Burkhalter Busbee Callier A. Campbell of
Walker W. Campbell of
Walker Carlisle Carr
Chastain Cheek Coalson Dorminy Duncan Elder Ellis Eyler Floyd Flynt Fordham Frazier Fuqua Gowen Green of Rabun Greene of Bartow Griffith Grimsley Gross of Stephens Gunter Hall of Floyd Hall of Lee Hardaway Harper Harrison Hawkins
Henderson Hodges of Butts Hogan Holley Huddleston Ingle Johnson Jones of Wayne Jones of Worth Jones of Lumpkin Jones of Laurens Jones of Sumter Jones of Crawford Kelley Key Kidd Killian Kimmons Lam Lancaster Lee Lindsey Lokey Long Love Mackay
MONDAY, FEBRUARY 17, 1958
951
Mann Martin Matthews Miles Mobley Moorman Morris Moss Murr Musgrove McGibony McKenna Niehols Odom Orr Palmer Parker of Ware Parker of Appling Perry
Peters Pickett Roberts Rodgers of Charlton Rogers of Heard Ross Rowland Scoggin Sheffield Singer Smith of Porsyth Smith of Emanuel Smith of Whitfield Smith of Bryan Stephens Story Summers Tabb Tamplin
Tarpley Taylor Truelove Twitty Underwood Veal
Walker of Lowndes Walker of Telfair Watson Wells White Wilson Winkle Wooten Wright of Floyd Yandle Young
On the passage of the Bill, the ayes were 132, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HR 446-1109e. By Messrs. Moate of Hancock, Hawkins of Screven, and others:
A Resolution authorizing the State Hospital Authority to issue eight million dollars in revenue bonds; 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 Bagby Ballard Barber Baughman Birdsong Black Blalock of Coweta Bodenhamer Brackin Bradley Brennan
Brooks of Oglethorpe Brooks of Fulton Broome Budd Callier A. Campbell of
Walker W. Campbell of
Walker Carlisle Carr Carswell Carter
Chastain Cheatham Co wart Denmark Dorminy Elder Eyler Floyd Flynt Fordham Fowler of Douglas Frazier Gowen
952
JOURNAL OF THE HOUSE,
Green of Rabun Greene of Bartow Griffith Grimsley Gross of Stephens Hall of Ployd Hall of Lee Hardaway Harrison Hawkins Henderson Hodges of Ware Hodges of Butts Hogan Holcombe Holley Holloway Huddleston Hurst Ingle Johnson Jones of Wayne Jones of Worth Jones of Laurens Jones of Sumter Jones of Crawford Kelley
Key Kidd Killian
Kimmons Lam Love Mackay Mann Martin Matthews Miles Miller of Elbert Mobley Moorman Morris Murphy Murr Musgrove McClelland McCracken McGibony Nichols Odom Orr Overby Parker of Pike Parker of Ware Parker of Appling Perkins Perry Peters Phillips of Columbia Reed
Roberts Rodgers of Charlton Rowland Scoggin Sheffield Sivell Smith of Forsyth Smith of Lamar Smith of Fulton Smith of Whitfield Stephens Story Summers Tabb Tamplin Tarpley Taylor Truelove Twitty Underwood Veal Walker of Lowndes Walker of Telfair Wells White Willingham Willis Wilson Wright of Floyd Young
On the adoption of the Resolution, the ayes were 127, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
HR 327-785b. By Messrs. Stephens of Clarke, Brooks of Oglethorpe, and Freeman of Monroe:
A Resolution authorizing the placing of a plaque at the entrance of the Georgia Hall of Fame; 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
Bagby Ballard
Barber Baughman
MONDAY, FEBRUARY 17, 1958
953
Birdsong Black Blalock of Coweta Bodenhamer Brackin Bradley Brennan Brooks of Oglethorpe Brooks of FuKon Broome Burkhalter Busbee Cagle Callier A. Campbell of
Walker W. Campbell of
Walker Carlisle Carr Carswell Carter Chastain Cheek Cloud Coalson Cocke Cowart Dorminy Elder Ellis Eyler Floyd Flynt Fordham Fowler of Douglas Frazier Fuqua Gowen Green of Rabun Greene of Bartow Grimsley Gross of Stephens
Gunter Hall of Floyd Hall of Lee
Hardaway Harper Harrison Hawkins Henderson Hill Hodges of Ware Hodges of Butts
Hogan Holcombe Holley Holloway Huddleston Hurst Ingle Johnson Jones of Wayne Jones of Laurens Jones of Sumter Jones of Crawford
Kelley Key Killian Kimmons Lancaster Lokey Love Mackay Mann Martin MaUhews
Mobley Moorman Morris Moss Murphy Murr Musgrove McClelland McCracken McGibony McKenna Nichols Odom Orr Palmer
Parker of Ware Parker of Appling Payton Perry Peters Pettey Phillips of Columbia Pickett Ray Roberts Rodgers of Charlton
Rogers Ross Rowland Scoggin Sheffield Sivell Smith of Forsyth Smith of Fulton Stephens Story Summers Tabb Tamplin Tarpley Taylor Todd Truelove Twitly Underwood Veal Walker of Lowndes Walker of Telfair
Watson Wells White Willingham Willis Winkle Wooten Wright of Floyd Wright of Dodge Yandle Young
On the adoption of the Resolution, the ayes were 140, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
HR 328-785c. By Messrs. Stephens of Clarke, Brooks of Oglethorpe, and Freeman of Monroe:
A Resolution authorizing the placing of busts of seven great Georgians in the Georgia Hall of Fame; and for other purposes.
954
JOURNAL OF THE HOUSE,
The following amendment was read and adopted:
Mr. Stephens of Clarke moves to amend HR 328-785c by elimi nating in the first paragraph, after the name of Archibald Bulloch, the words "President of the Georgia Council of Safety during the Pro visional Government 1776-1777;" and inserting in lieu thereof the words "Speaker of the Royal Assembly, President of the First, Second, and Third Provincial Congresses, and President and Commander-in-Chief of Georgia, dying while serving in the latter office on February 22, 1777;".
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 roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.
Adams Bagby Ballard Barber Barrett Baughman Birdsong Black Blalock of Cowela Blalock of Clayton Bodenhamer Bolton Brackin Bradley Brennan Brooks of Oglethorpe Brooks of Fulton Broome Budd Burkhalter Busbee Cagle Caldwell Callier A. Campbell of
Walker W. Campbell of
Walker Carlisle Carr Cars well Carter
Chastain Cheek Cloud Coalson Cocke Cowart Crummey Echols Elder Eyler Floyd Flynt Fordham Fowler of Douglas Frazier Fuqua Gowen Green of Rabun Greene of Bartow Griffith Grimsley Gross of Stephens Gross of Dade Hall of Floyd Hall of Lee Hardaway Harper Harrison Hawkins Henderson Hill Hodges of Ware
Hodges of Butts Hogan Holcombe Holley Holloway Huddleston Hurst Ingle Irvin Johnson Jones of Wayne Jones of Worth Jones of Lumpkin Jones of Laurens Jones of Sumter Jones of Crawford Kelley Kennedy Key Killian Lancaster Long Lott Love Mackay Mann Martin Matthews Miller of Twiggs Mobley Moorman Morris
MONDAY, FEBRUARY 17, 1958
955
Moss Murphy Murr Musgrove McCracken McGibony McKenna Newton Nichols Orr Palmer Parker of Pike Payton Perry Peters Pickett Ray Roberts
Rogers of Heard Ross Scoggin Sheffield Short Sivell Smith of Porsyth Smith of Emanuel Smith of Lamar Smith of Whitfield Souter Stephens Story Summers Tabb Tamplin Tarpley Taylor
Truelove Twitty Underwood Veal Walker of Lowndes Walker of Telfair Watson Weems Wells White Willingham Willis Wilson Winkle Wright of Floyd Wright of Dodge Young
Voting in the negative was: Mr. Smith of Bryan.
On the adoption of the Resolution, as amended, the ayes were 147, nays 1.
The Resolution, having received the requisite constitutional majority, was adopted as amended.
The following Resolution of the House was read and adopted:
HR 488. By Messrs. Twitty of Mitchell, Gowen of Glynn, and others:
A RESOLUTION
WHEREAS, William B. Freeman has served in this sovereign body for twelve years, and
WHEREAS, during this time he has always been highly respected for his utmost sincerity of purpose, moral integrity and legislative ability, and
WHEREAS, in 1952 he was elected by the members of this Sov ereign body as the outstanding member of the General Assembly, and
WHEREAS, he was the author of the Resolution which resulted in the installation of our most modern voting machine which permits the recording of the individual vote of each member on important matters, and
WHEREAS, his conduct and demeanor have always reflected great credit on the State of Georgia and the County of Monroe, and
WHEREAS, he is now confined to the Monroe County Hospital with an illness which, at least partially, was brought about by his avid attention and untiring devotion to his duties in this House over the past few weeks.
NOW THEREFORE BE IT RESOLVED BY THIS HOUSE THAT The members hereof shall miss the wise counsel, sage advice and ma-
956
JOURNAL OF THE HOUSE,
ture deliberative ability and legislative leadership of the Gentleman from Monroe for a short time and we pray for him a speedy recovery and return to these legislative halls, and
BE IT FURTHER RESOLVED that the clerk mail a copy of this Resolution to the Honorable William B. Freeman and also a copy to his home newspaper, the Monroe Advertiser, so that the people of his county may know the esteem that this House holds for "Bill" Freeman.
The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto:
HB 781. By Mr. Miller of Elbert:
A Bill to be entitled an Act to amend an Act incorporating the City of Elberton; and for other purposes.
The following Senate substitute was read:
AN ACT
To amend an Act incorporating the City of Elberton, approved December 19, 1896 (Ga. Laws 1896, p. 148), so as to authorize the City Tax Assessors to employ outside personnel to assist in assessing and appraising the property of said City and to make recommendations regarding matters relating to taxation; to provide that the City shall be authorized to dispose of abandoned property; to prescribe the pro cedure connected with the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1
An Act incorporating the City of Elberton, approved December 19, 1896 (Ga. Laws 1896, p. 148) is hereby amended by adding a new section, to be known as Section 17A, to read as follows:
"Section 17A. In addition to all other duties, the City Tax Assessors are hereby authorized and empowerd to employ and con tract with persons skilled in matters pertaining to taxation for the purpose of assisting the City Tax Assessors in assessing and appraising the property of the City of Elberton. The Tax Assessors are also authorized and empowerd to employ and contract with such persons for the purpose of assisting, advising and making recom mendations to the Assessors on all matters relating to taxation in the City of Elberton. Any such employment or such contract shall be subject to the final approval of the Mayor and City Council who, after authorizing said employment, shall authorize the City Manager to sign in its behalf. Before said outside professional help is employed, the Mayor and City Council shall have published in the public Gazette of said County once a week for eight consecutive weeks notice of their intentions that the public might be heard. The funds necessary to carry out the provisions of this Section shall be paid from the funds of the City of Elberton."
MONDAY, FEBRUARY 17, 1958
957
SECTION 2
Said Act, as amended, is further amended by adding a new section, to be known as Section 23B, to read as follows:
"Section 23B. The governing authority of the City of Elberton is hereby authorized and empowered to sell abandoned personal property which comes into the possession of the City of Elberton, and to place the proceeds in the City Treasury. Any personal prop erty which remains in the possession of the City for a period of 30 days without being claimed shall be considered to be abandoned. The governing authority of the City is hereby authorized to enact ordinances to prescribe the procedure for carrying out the provi sions of this Section."
SECTION 3
All laws and parts of laws in conflict with this Act are hereby repealed.
January 16, 1958
Personally appeared before me, an officer authorized to administer oaths, G. T. Christian, Jr., who on oath state and deposes that he is an agent for the publisher of the Elberton Star which is the official organ of Elbert County and the City of Elberton, and that the affixed notice of intention to apply for local legislation was published in said organ on December 31, 1957, and on January 7, 1958, and January 14, 1958.
/s/ G. T. Christian, Jr. G. T. Christian, Jr.
Sworn to and subscribed before me, this January 16, 1958.
/s/ Julia W. West Notary Public Elbert County, Ga.
(SEAL)
NOTICE TO CITIZENS OF ELBERTON
This is to advise that there will be introduced at the next session of the Geseral Assembly of the State of Georgia a Bill to amend the charter of the City of Elberton to allow the City Tax Assessors to employ outside personnel to assist in assessing and appraising the property in said City; and to authorize the City to dispose of abandoned property.
This 27th day of December, 1957.
1-14
City Council of Elberton.
Mr. Miller of Elbert moved that the House agree to the Senate amendment to HB 781.
On the motion to agree, the ayes were 103, nays 0.
The Senate amendment to HB 781 was agreed to.
958
JOURNAL OF THE HOUSE,
Under the order of business established by the Committee on Rules, the following Resolutions of the House were taken up for consideration and read the third time:
HR 331-7851 By Messrs. Stephens of Clarke, Brooks of Oglethorpe, and Freeman of Monroe:
A Resolution authorizing the Secretary of State to obtain certain records of the Confederate Army for 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 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 Bagby Ballard Barber Barrett Baughman Birdsong Black Blalock of Coweta Blalock of Clayton Bodenhamer Bolton Brackin Brooks of Oglethorpe Brooks of Fulton Broome Budd Burkhalter Busbee Cagle Caldwell Callier A. Campbell of
Walker W. Campbell of
Walker Carlisle Carr Carswell Chastain Cheek Cloud Coalson
Cocke Cowart Crummey Flynt Fordham Fowler of Douglas Frazier Fuqua
Gowen Green of Rabun Greene of Bartow Griffith Grimsley Gross of Stephens Gross of Dade Hall of Lee Hardaway Harrison Hawkins Henderson Hodges of Ware Hodges of Butts Hogan Holley Holloway Hurst Ingle Irvin Johnson Jones of Wayne Jones of Worth Jones of Lumpkin Jones of Baker
Jones of Laurens Jones of Sumter Jones of Crawford Kelley Kennedy Kidd Killian Lancaster Lokey Long Lott Mackay Mann Martin Matthews Miller of Twiggs Mobley Moorman Morris Moss Mull Murphy Musgrove McClelland McCracken McGibony McKenna Newton Nichols Orr Overby Palmer Parker of Ware
MONDAY, FEBRUARY 17, 1958
959
Payton Perkins Perry Pettey Pickett Ray Roberts Rogers of Heard Scoggin Sheffield Short
Sivell Smith of Forsyth Smith of Emanuel
Smith of Lamar Smith of Fulton Smith of Whitfield Smith of Bryan Stephens Story Summers Tabb Tamplin Tarpley Taylor
Truelove Twitty Underwood
Veal Walker of Lowndes Walker of Telfair Watson Weems Wells Willis Wilson Winkle Wright of Floyd Wright of Dodge
Young
On the adoption of the Resolution, the ayes were 137, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
HR 16-18a. By Mr. Carlisle of Bibb: A Resolution to compensate A. W. Tidwell; and for other purposes.
The following amendment was read and adopted:
The Committee on Appropriations amends HR 16-18a by striking the figure $1500.00 and inserting in lieu thereof the figure $1100.00.
The report of the committee which was favorable to the adoption of the Resolution, as amended, was agreed to.
On the adoption of the Resolution, as amended, the ayes were 120, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, as amended.
HR 58-148e. By Mr. Souter of Macon: A Resolution to compensate demon Odom; and for other purposes.
The report of the committee which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 120, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
HR 408-1005e. By Mr. Miller of Elbert: A Resolution to compensate James W. Ray; and for other purposes.
960
JOURNAL OF THE HOUSE,
The following amendment was read and adopted:
The Committee on Appropriations moves to amend HE 408-1005e by striking the figure $309.19 and inserting in lieu thereof the figure $148.35.
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, the ayes were 120, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
The following Resolution of the House was read and referred to the Com mittee on State of Republic:
HR 489. By Mr. Matthews of Clarke:
A RESOLUTION
Authorizing funds for the activation of the provisions of HB 897; and for other purposes.
WHEREAS, the House of Representatives has approved HB 897; providing for the construction of Juvenile detention homes, and it is contemplated that the Senate will also pass this Bill and that the Governor will approve both of the aforesaid Bills, and
WHEREAS, the exact cost of the construction of detention homes is not available, nor is the cost of the operation of such homes,
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that if the aforesaid Bills are approved by the Governor that the Governor, as Director of the Budget Bureau, is hereby authorized to provide the necessary funds from any available source to activate the provisions of the aforesaid Bills.
The following Resolutions of the House were read and adopted:
HR 490. By Messrs. Moate of Hancock, Hawkins of Screven, Jessup of Bleckley, Bolton of Spalding, Overby of Hall, Smith of Emanuel and Ellis of Henry:
A RESOLUTION
Commending Honorable Eugene Cook, the Attorney General, and the personnel of the Bill Drafting Unit; and for other purposes.
WHEREAS, Honorable Eugene Cook, the Attorney General, estab lished on an unofficial basis, the first Bill Drafting Unit in this State, which was later officially created by statute as a division of the State Law Department; and
WHEREAS, the members of the General Assembly have each year called upon the Bill Drafting Unit to prepare an increasing number of Bills and Resolutions; and
MONDAY, FEBRUARY 17, 1958
961
WHEREAS, it is evident to each member of the General Assembly that without the Bill Drafting Unit, the work load of the members would be tremendously increased and the quality of the laws would suffer considerably; and
WHEREAS, the assistance rendered the members of the General Assembly by the Bill Drafting Unit has been of inestimable value and of the highest quality, considering the pressure under which the Bills must be drafted and the speed with which it is necessary to prepare proposed legislation; and
WHEREAS, in order to give the members of the General Assembly the best and quickest service possible, the personnel of the Bill Drafting Unit have worked countless numbers of long and hard hours of overtime in addition to their regular work;
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that Honorable Eugene Cook, the Attorney General and Director of the Bill Drafting Unit; Honorable Frank H. Edwards, Deputy Director of the Bill Drafting Unit; Honorable G. Hughel Harrison, Assistant Attorney General; Honorable John Tye Ferguson, Deputy Assistant Attorney General; Honorable John C. Scarborough, Deputy Assistant Attorney General; and the capable and efficient secretaries of the Bill Drafting Unit are hereby commended for the excellent service performed on behalf of the members of the General Assembly, and the deepest appreciation is hereby expressed for the valuable service rendered and the courteous consideration ex tended the members of this body.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a suitable copy of this Resolution to each of the aforesaid persons.
HR 491. By Messrs. Scoggin, Wright and Hall of Floyd, Bagby of Paulding, A. Campbell of Walker, Floyd of Chattooga, W. Campbell of Walker and many others:
A RESOLUTION
Memorializing Honorable Henderson L. Lanham; and for other purposes.
WHEREAS, Honorable Henderson L. Lanham was killed in a tragic accident in November of 1957, and
WHEREAS, at the time of his death, he was serving as Congress man from the 7th Congressional District of Georgia, a position which he had held since his election to the 80th Congress in 1946, and
WHEREAS, he was educated in the public schools of Rome and received a Bachelor of Arts and a Bachelor of Law degree from the University of Georgia and a Master of Arts degree from Harvard University, and
WHEREAS, he served as a member of the House of Representatives from Floyd County and as Solicitor-General of the Rome Judicial Circuit, and
WHEREAS, he was one of the most able and respected members
962
JOURNAL OF THE HOUSE,
of Congress, and served the citizens of his District with honesty, efficiency and impartiality, and
WHEREAS, the passing of Mr. Lanham is a great loss not only to the citizens of his community, but to the people of Georgia and the United States.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that this body expresses its deep regret at the death of Honorable Henderson L. Lanham and extends its sincerest sympathy to the members of his family.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit appropriate copies of this Resolution to the family of Mr. Lanham and to the Speaker of the House of Repre sentatives of the Congress of the United States.
The following Resolution of the House was again taken up for consideration and adopted:
HR 484. By Messrs. Tamplin of Morgan, Fowler of Douglas, Mobley of Burke, McGibony of Greene, Frazier of Jeff Davis, and Phillips of Walton:
A Resolution relative to the handling of the Soil Bank Program; and for other purposes.
Under the order of business established by the Committee on Rules, the following Resolution of the House was taken up for consideration and read the third time:
HR 369-881a. By Messrs. Hawkins of Screven, Jessup of Bleckley and Sheffield of Brooks:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the levying of taxes for the purpose of paying retirement benefits, costs of administration and other benefits to the peace officers of this State; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1
Article VII, Section II of the Constitution, relating to purposes and method of taxation, is hereby amended by adding at the end thereof a new Paragraph, to be known as Paragraph VI, to read as follows:
"Paragraph VI. The powers of taxation over the whole State may be exercised by the State through the General Assembly for the purpose of paying retirement benefits, costs of administration and other benefits to the peace officers of this State under the provisions of the Act creating the Peace Officers' Annuity and Benefit Fund of Georgia, as now or hereafter amended."
MONDAY, FEBRUARY 17, 1958
963
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, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"For ratification of amendment to the Constitution so as to authorize the levying of taxes for the purpose of paying retirement benefits, costs of administration and other benefits to the peace officers of this State."
"Against ratification of amendment to the Constitution so as to authorize the levying of taxes for the purpose of paying retire ment benefits, cost of administration and other benefits to the peace officers of this State."
All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification.
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall 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 roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Alien Bagby Ballard Barber Barrett Baughman Birdsong Black Blalock of Coweta
Blalock of Clayton Bodenhamer Brackin Brooks of Oglethorpe Broome Budd Burkhalter Busbee Cagle Caldwell
A. Campbell of Walker
W. Campbell of Walker
Carlisle Carr Carswell Carter Chastain Cheatham
964
JOURNAL OF THE HOUSE,
Cheek Cloud Coalson Cocke Cowart Crummey Echols Elder Eyler Ployd Plynt
Fowler of Douglas Fowler of Treutlen Gowen Green of Rabun Greene of Bartow Griffith Grimsley Gross of Stephens Gross of Dade Gunter Hall of Lee Hardaway Harper Harrison Hawkins Henderson Hodges of Ware Hodges of Butts Hogan Holcombe Holley Holloway Hurst Ingle Johnson Jones of Wayne Jones of Worth Jones of Baker Jones of Laurens Jones of Sumter Jones of Crawford
Kelley Kennedy Kidd Killian Kimmons Lancaster Lanier Larkins Lee Lokey Long Lott Love Mann Martin Matthews Miles Miller of Twiggs Mobley Moorman Moss Mull Murphy Murr Musgrove McCracken McGibony McKenna Newton Nichols Odom Orr Overby Palmer Parker of Pike Parker of Appling Pelham Perry Peters Pettey Phillips of Columbia Phillips of Walton
Pickett Ray Reed Roberts Rodgers of Charlton Rogers of Heard Ross Rowland Scoggin Sheffield Short Smith of Forsyth Smith of Emanuel Smith of Lamar Smith of Fulton Smith of Whitfield Smith of Bryan Souter Stephens Story Summers Tabb Tamplin Tarpley Taylor Todd Truelove Twitty Veal Walker of Lowndes Walker of Telfair Watson Weems Wells Willingham Winkle Willis Wilson Wooten Wright of Floyd Wright of Dodge Yandle
Those voting in the negative were Messrs:
Bolton Ellis
Irvin Mackay
Parker of Ware
On the adoption of the Resolution, the ayes were 154, nays 5.
The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.
Mr. Payton of Coweta requested that the Journal show him as having voted "aye" on HR 369-881a.
MONDAY, FEBRUARY 17, 1958
965
The following Resolution of the House was read and referred to the Com mittee on Natural Resources:
HR 492. By Mr. Odom of Camden:
A RESOLUTION
To increase the expense allowance for members of the General Assembly for the period covering this the 1958 session.
WHEREAS, a constitutional amendment has been offered to this General Assembly for the purpose of raising the pay standards to make Georgia's legislative pay scale commensurate with that of other states in this union. This constitutional amendment received unanimous approval of the House State of the Republic Committee; and
WHEREAS, the need for this increase being evidenced by the action of the State of the Republic Committee, this Resolution will make it in part effective now.
NOW THEREFORE BE IT RESOLVED by the House of Repre sentatives, the Senate concurring, that all members of the General Assembly receive an additional $10.00 per day for the forty day period covering ihe 1958 regular session of the General Assembly.
Under the order of business established by the Committee on Rules, the following Bill and Resolution of the House were taken up for consideration and read the third time:
HR 428-1070c. By Mr. Smith of Fulton:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide an exemption from taxation for certain fraternity and sorority property; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1
Article VII, Section I, Paragraph IV of the Constitution relating to exemptions from taxation, is hereby amended by adding at the end thereof a new paragraph to read as follows:
"There is hereby exempted from all State, county, municipal, school district, and any other political subdivision, ad valorem taxes, the property of a fraternity or sorority which is used for the residence of such fraternity or sorority, if such property is located adjacent to or near a university or college, and if such residence is used to house members of such fraternity or sorority attending such university or college."
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
966
JOURNAL OP THE HOUSE,
on their journals with the "Ayes" and "Nays" taken thereon such pro posed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
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 ad valorem tax exemption for certain fraternity and sorority property."
"Against ratification of amendment to the Constitution so as to provide for ad valorem tax exemption for certain fraternity and sorority property."
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 Stale 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 roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Alien Bagby Barber Baughman Birdsong Black Blalock of Coweta Blalock of Clayton Bodenhamer Bolton Brennan Brooks of Oglethorpe Brooks of Fulton Broome Burkhalter Busbee
Cagle Callier A. Campbell of
Walker W. Campbell of
Walker Carlisle Carr Carswell Carter Chastain Cheatham Cheek Cloud Coalson Cocke Crummey
Duncan Elder Ellis Ployd Plynt Fowler of Douglas Fowler of Treutlen Fuqua Gowen Green of Rabun Greene of Bartow Griffith Gross of Stephens Gross of Bade Gunter Hall of Lee Hardaway
MONDAY, FEBRUARY 17, 1958
967
Harper Hanison Hawkins Henderson Hodges of Butts Hogan Holcombe Holley Holloway Ingle Irvin Johnson Jones of \Vayne Jones of Worth Jones of Laurens Jones of Sumter Jones of Crawford Kelley Kennedy Key Kidd Killian Lanier Larkins Lee Lindsey Lokey Long Love Mackay Mann Martin
Matthews Miles Miller of Elbert Mobley Moorman Morris Moss Murr Musgrove McClelland McCracken McGibony McKenna Newton Nichols Odom
Orr Overby Palmer Parker of Appling Payton Perry Peters Pettey Phillips of Columbia Pickett Ramsey Ray Roberts Rodgers of Charlton Ross Rowland
Those voting in the negative were Messrs.:
Ballard Dorminy Hodges of Ware
Kimmons Murphy Parker of Ware
Scoggin Sheffield Short Smith of Forsyth Smith of Emanuel Smith of Fulton Smith of Whitfield Smith of Bryan Souter Stephens Story Summers Tabb Tamplin Tarpley Todd Truelove Twitty Veal Walker of Lowndes Walker of Telfair Watson Weems Wells Willingham Willis Wilson Winkle Wooten Wright of Dodge Yandle Young
Pelham Rogers of Heard
On the adoption of the Resolution, the ayes were 145, nays 8.
The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.
HB 1036. By Messrs. Smith of Fulton, Holcombe of Cobb, Cheatham of Chatham, Mackay, Rutland and McWhorter of DeKalb:
A Bill to be entitled an Act to amend an Act which provides that streets or parts of streets, lying within the corporate limits of municipalities of this State and forming a continuation of, or a link in, the State-aid system of roads shall become a part of the State-aid system of roads for the purpose of construction and maintenance thereof by the State Highway Board; and for other purposes.
The previous question was ordered.
968
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 Ballard Barber Baughman Birdsong Blalock of Cowela
Blalock of Clayton Bodenhamer Bolton Brackin Brennan Brooks of Oglethorpe Brooks of Fulton Broome Budd Burkhalter Busbee Cagle Caldwell
Callier A. Campbell of
Walker W. Campbell of
Walker Carlisle Carr Carswell Carter Cheatham Cheek Cowart Crummey Dorminy Duncan Echols
Elder Ellis Eyler Floyd Flynt Fowler of Douglas Fowler of Treutlen Frazier
Fuqua Gowen
Green of Rabun Greene of Bartow Griffith Grimsley Gross of Stephens Gunter Hall of Lee Hardaway Harper Hawkins Henderson Hodges of Ware Hodges of Butts Hogan Holcombe Holley Holloway Ingle Irvin Johnson Jones of Wayne Jones of Lumpkin Jones of Laurens Jones of Sumter Jones of Crawford Kelley Key Kidd Killian Lancaster Lanier Larkins Lee Lindsey Lokey Long Lott Mackay Mann Martin Matthews Miles Miller of Elbert Mobley Moorman Morris
Moss Murphy McClelland McCracken McGibony McKenna Newton Nichols Nilan Odom Orr Overby Palmer Parker of Pike Parker of Appling Payton Perry Peters Phillips of Columbia Ranisey Ray Reed Rodgers of Charlton Rogers of Heard Ross Rowland Scoggin Sheffield Sivell Smith of Forsyth Smith of Emanuel Smith of Lamar Smith of Fulton Smith of Whitfield Smith of Bryan Stephens Story Summers Tabb Tarpley Truelove Twitty Underwood Veal Walker of Lowndes Walker of Telfair
MONDAY, FEBRUARY 17, 1958
969
Watson Weems Wells Willingham
Willis Wilson Winkle Wooten
Wright of Ployd Wright of Dodge Yandle
Those voting in the negative were Messrs.:
Kennedy Kimmons Parker of Ware
Pettey Pickett Roberts
Todd
On the passage of the Bill, the ayes were 148, nays 7.
The Bill, having received the requisite constitutional majority, was passed.
The following Resolution of the House was taken up for consideration and read the third time :
HR 290. By Mr. Hawkins of Screven: A Resolution to amend HR 152 and 153; and for other purposes.
The following amendment was read and adopted:
Mr. Bagby of Paulding moves to amend HR 290 by adding a new section to be properly numbered and to read as follows:
"The provisions of this Resolution shall become effective at the beginning of the 1959 Session of the House of Representatives."
The Resolution, as amended, was adopted.
The following Resolutions of the House were read and referred to the committee on Rules:
HR 493. By Messrs. Souter of Macon and Brooks of Oglethorpe:
A RESOLUTION
To authorize a sub-committee of the State Institutions and Property Committee to inspect the State Institutions and property owned and/or operated by the State of Georgia.
WHEREAS, it is desirable that the State Institutions and Property Committee inspect the State Institutions and property owned and/or operated by the State of Georgia.
THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRE SENTATIVES, that the Chairman of the State Institutions and Prop erty Committee be authorized to appoint a sub-committee to consist of not more than fifteen (15) members of the State Institutions and Prop erty Committee, said number to include the chairman, vice-chairman and secretary, to visit the State Institutions and property owned, and/or operated by the State of Georgia. Said inspection visits are not to exceed forty (40) days in number, unless further inspections are ordered by the Speaker in case of an emergency.
970
JOURNAL OF THE HOUSE,
HR 494. By Mr. Hawkins of Screven:
A JOINT RESOLUTION
Approving the report of the Special Committee of the Senate and House of Representatives appointed to examine the property proposed to be acquired by the Georgia Ports Authority.
WHEREAS, Georgia Ports Authority has heretofore negotiated with the Central of Georgia Railway Company for the acquisition of the docks and wharves of the Central of Georgia Railway Company and the Ocean Steamship Company at Savannah and of the Whitehall Plantation located immediately north of the docks of the Georgia Ports Authority.
WHEREAS, upon consideration of the purchase of said property by the Governor, the State Auditor and the Attorney General, who constitute the agency commonly referred to as the "State Properties Acquisition Committee," under the Act of January 30, 1945 (Ga. Laws 1945, p. 120), the members of the Senate Properties Acquisition Com mittee requested the appointment of a Joint Committee of the Senate and House of Representatives to examine the property and make a rec ommendation to the State Properties Acquisition Committee with reference to the proposed purchase of the property; and
WHEREAS, the Joint Committee has examined the property and has made a report to the Senate and House of Representatives, in which report the Joint Committee finds that the price placed on the property is not in excess of its present market value; and
WHEREAS, the Joint Committee further states in its report to the Senate and House of Representatives "that the future of water transportation and ports development in this State make it imperative that the State of Georgia act now in acquiring this property;" and
WHEREAS, it is the recommendation of the Joint Committee that the Governor, acting with the State Properties Acquisition Committee, undertake immediate negotiations with the Central of Georgia Railway Company to purchase the entire property at a price not to exceed $3,750,000.00.
THEREFORE, BE IT RESOLVED by the General Assembly of Georgia, the Senate and the House of Representatives concurring:
(1) That the report of the Joint Committee of the Senate and House of Representatives be approved.
(2) That the General Assembly concurs in the recommendation of the Joint Committee of the Senate and House of Representatives con cerning the purchase of the aforesaid property.
Under the order of business established by the Committee on Rules, the following Bill of the House was taken up for consideration and read the third time:
HB 912. By Messrs. Blalock and Lee of Clayton:
A Bill to be entitled an Act to amend Code Section 24-1601 pertaining to fees of Justices of the Peace; and for other purposes.
MONDAY, FEBRUARY 17, 1958
971
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:
Voting in the affirmative were Messrs.:
Adams Alien
Bagby Ballard Barber Barrett Black Blalock of Coweta Blalock of Clayton Bodenhamer Bolton Brackin Brennan Brooks of Oglethorpe Brooks of Fulton Broome Budd Burkhalter Busbee Cagie Caldwell Callier A. Campbell of
Walker W. Campbell of
Walker Carlisle Carr Carswell Carter Chastain Cheatham Cheek Coalson Cocke Cowart Crummey Dorminy Echols Elder Ellis Floyd Flynt
Fordham Fowler of Treutlen Frazier Gowen Green of Rabun Grimsley Hall of Lee Hardaway Harper Harrison Hawkins Henderson Hodges of Ware Hodges of Butts Hogan Holcombe Holloway Hurst Ingle Irvin Johnson Jones of Wayne Jones of Worth Jones of Lumpkin Jones of Laurens Jones of Sumter Kelley Kennedy Killian Lancaster Larkins Lee Lindsey Lokey Long Love Mackay Mann Martin Matthews Miles Miller of Elbert Mobley
Morris Moss Mull Murphy Murr Musgrove McClelland McCracken McGibony McKenna Newton Nichols Odom Orr Overby Parker of Pike Parker of Appling Payton Pelham Perry Peters Pettey Phillips of Columbia Pickett Ramsey Ray Reed Roberts Rodgers Ross Scoggin Sheffield Sivell Smith of Emanuel Smith of Whitfield Smith of Bryan Souter Stephens Story Summers Tabb Tamplin Tarpley
972
JOURNAL OF THE HOUSE,
Taylor Todd
Truelove Twitty Underwood Veal
Walker of Lowndes Walker of Telfair
Watson Weems Wells Willingham
Willis Winkle
Wooten Wright of Dodge Yandle
Voting in the negative was Mr. Parker of Ware.
On the passage of the Bill, the ayes were 145, nays 1.
The Bill, having received the requisite constitutional majority, was passed.
The following Resolutions of the House were read and referred to the Committee on Rules:
HR 495. By Messrs. Willingham of Cobb and Odom of Camden:
JOINT RESOLUTION
WHEREAS the Transportation Division of the U. S. Army has recently completed the construction of the Kings Bay Ammunition Loading Terminal at St. Marys in Camden County, Georgia at a cost in excess of $12,000,000.00; and
WHEREAS the aforesaid facility is a complete and modern port ranking with the finest on the Eastern Seaboard of the United States; and
WHEREAS the installation includes thousands of linear feet of concrete pier and docks sufficient to berth nine (9) large ocean-going vessels simultaneously, a large turning basin for ships, and complete rail loading facilities and connections, administration buildings and storage areas, etc., all covering an area of some several thousand acres; and
WHEREAS the aforesaid terminal is being- maintained on a standby basis by the U. S. Army and is available for lease to private enterprise, it being understood that bids for such private leasing are being solicited and advertised for at this time by cognizant officials of the Federal Government; and
WHEREAS there is an excellent possibility that the aforesaid modern port with all the facilities could be leased on a very favorable basis at a nominal consideration of from $25,000.00 to $50,000.00 a year by the State of Georgia and/or the State Ports Authority, and that same would adequately and satisfactorily meet the present need of the State of Georgia for additional port facilities.
NOW THEREFORE BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES, the Senate concurring, as follows:
That the Governor be authorized to immediately contact cognizant officials of the Federal Government and request that all plans to lease the Kings Bay Ammunition Loading Terminal be suspended pending an investigation of the entire matter by the State of Georgia.
MONDAY, FEBRUARY 17, 1958
973
That a Committee of eight (8) members from the General Assembly be appointed, five (5) from the House to be named by the Speaker, and three (3) from the Senate to be named by the Presiding Officer thereof, to investigate the possibility, feasibility, and desirability of the State, or the Georgia Ports Authority, leasing the Kings Bay Am munition Terminal from the Federal Government and establishing a State-operated port at the location of same.
That the members serving on such Committee shall receive their regular per diem and traveling expenses as Members of the General Assembly, and shall be limited to fifteen (15) days of service.
HR 496. By Mr. Cocke of Terrell:
A RESOLUTION
Relative to the National Resources Committee of the House of Representatives; and for other purposes.
WHEREAS, it is desirable that the members of the Natural Re sources Committee of the House be kept cognizant of the problems relating to matters referred to that committee by the House of Repre sentatives.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the Natural Resources Committee is hereby authorized to meet not more than thirty days for fifteen members in the aggregate for the purpose of performing the duties of the Natural Resources Committee after the adjournment of the 1958 Session of the General Assembly.
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 910. By Messrs. Blalock and Lee of Clayton:
A Bill to be entitled an Act to amend Code Section 24-820 pertaining to fees of constables; and for other purposes.
The following amendment was read and adopted:
Blalock of Coweta moves to amend HB 910 by adding in the third line thereof the following words "within the boundaries of his district." and by inserting immediately following said third line the following: "serving warrant outside boundaries of his district $3.00."
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 roll call was ordered and the vote was as follows:
974
JOURNAL OF THE HOUSE,
Those voting in the affirmative were Messrs.:
Adams Alien Bagby Ballard Barber Barrett Baughman Black Blalock of Coweta Blalock of Clayton Bodenhamer Bolton Brackin
Brooks of Fulton Broome Budd Burkhalter Cagle Caldwell A. Campbell of
Walker W. Campbell of
Campbell Carlisle Carr Carswell Carter Chastain Cheatham Coalson Cowart Crummey Dorminy Echols Elder Ellis Eyler Fordham Fowler of Treutlen Frazier Gowen Green of Rabun Grimsley Gross of Stephens
Gross of Bade Gunter Hall of Lee Harper Hawkins Hodges of Butts Hogan Holcombe Huddleston Hurst Ingle Irvin Johnson Jones of Wayne Jones of Worth Jones of Lumpkin Jones of Laurens Jones of Sumter Jones of Crawford Kelley Kennedy Killian Lancaster Lanier Larkins Lee Lindsey Lokey Lott Love Martin Miles Miller of Elbert Mobley Moorman Morris Moss Murphy Murr Musgrove McClelland McCracken McGibony Newton
Nichols Orr Overby Palmer Parker of Appling Payton Peters Pettey Phillips of Columbia Pickett Ramsey Ray Reed Roberts Rodgers of Charlton Rogers of Heard Ross Sheffield Sivell Smith of Forsyth Smith of Emanuel Smith of Whitfield Smith of Bryan Souter Stephens Story Summers Tabb Tamplin Tarpley Taylor Todd Truelove Twitty Veal Walker of Lowndes Walker of Telfair Watson Wells Willingham Wilson Wooten Yandle Young
Those voting in the negative were Messrs.:
Parker of Ware
Underwood
On the passage of the Bill, as amended, the ayes were 130, nays 2.
The Bill, having received the requisite constitutional majority, was passed, as amended.
MONDAY, FEBRUARY 17, 1958
975
HB 1055. By Messrs. Moate of Hancock, Hawkins of Screven and Jessup of Bleckley:
A Bill to provide for the election of the President and Vice-President of 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 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 Baughman Birdsong Blalock of Coweta Blalock of Clayton Bodenhamer Brackin Brooks of Oglethorpe Broome Budd Burkhalter Busbee Callier A. Campbell of
Walker W. Campbell of
Walker Carlisle Carr Carswell Carter Cha stain Cheatham Cheek Cloud Coalson Cocke Cowart Dorminy Echols Elder Plynt Fowler of Douglas Fowler of Treutlen Frazier Green of Rabun
Grimsley Gross of Stephens Hall of Lee Hardaway Harper Hawkins Henderson Hodges of Ware Hogan Holloway Huddleston Hurst Ingle Jessup Johnson Jones of Wayne Jones of Worth Jones of Lumpkin Jones of Laurens Jones of Sumter Jones of Crawford Kennedy Key King Larkins Lokey Long Martin Miles Miller of Elbert Mobley Moorman Morris Moss Murr Musgrove McClelland
McCracken Neese Nilan Odom Orr Palmer Parker of Pike Parker of Ware Perry Peters Pettey Phillips of Columbia Ray Rodgers of Charlton Rogers of Heard Rowland Sheffield Sivell Smith of Forsyth Smith of Emanuel Smith of Whitfield Smith of Bryan Souter Story Summers Tabb Tarpley Todd Truelove Twitty Underwood Walker of Lowndes Walker of Telfair Watson Weems Wells Willis
976
JOURNAL OP THE HOUSE,
Winkle Wooten
Wright of Dodge Yandle
Mr. Speaker (Moate)
Those voting in the negative were Messrs.:
Bagby Bolton Brennan
Cagle Ellis Eyler Fordham Gunter
Kelley Killian Lancaster
Mackay McGibony McKenna Nichols Overby
Parker of Appling Payton Pickett Ross Stephens Wilson Young
On the passage of the Bill, the ayes were 115, nays 23.
The Bill, having received the requisite constitutional majority, was passed.
HB 1056. By Messrs. Moate of Hancock, Hawkins of Screven and Jessup of Bleckley:
A Bill to prescribe the qualifications for voters; and for other purposes.
By unanimous consent, further consideration of HB 1056 was postponed until copies of the amendments to the Bill could be printed and distributed to the members.
The following Resolution of the House was read and referred to the Com mittee on Rules:
HR 497. By Messrs. Veal of Putnani, Orr of Wilkes and Payton of Coweta:
A RESOLUTION
WHEREAS, during the 1958 Session of the General Assembly a number of Bills and Resolutions have been referred to the House Com mittee on Welfare which said Bills and Resolutions vitally affect the welfare of the people of this State; and
WHEREAS, the House Committee on Welfare has not had suffi cient time during this session of the General Assembly to make suffi cient study and investigation of said Bills and Resolutions;
NOW, THEREFORE, BE IT RESOLVED that the House Com mittee on Welfare be authorized to meet at any time during the re mainder of 1958 upon the call of the Chairman for a period not to exceed ten (10) days for the purpose of studying and investigating matters now pending before the said Welfare Committee.
The following Bill of the House was taken up for the purpose of considering the report of the Conference Committee thereon:
HB 505. By Messrs. A. Campbell and W. Campbell of Walker:
A Bill to be entitled an Act to amend the Charter of the City of Rossville; and for other purposes.
MONDAY, FEBRUARY 17, 1958
977
The following report of the Conference Committee was read:
The Conference Committee on HB 505 does recommend that the attached Bill do pass as a substitute to HB 505.
/s/ Wm. M. Campbell of Walker /s/ Albert Campbell of Walker /s/ Coker of the 44th /s/ Hugh Gillis of the 16th /s/ Bobby Lee Cook of the 42nd
Mr. A. Campbell of Walker moved that the House adopt the report of the Conference Committee.
On the motion to adopt, the ayes were 103, nays 0.
The Report of the Conference Committee on HB 505 was adopted.
The following Bills and Resolution of the House were taken up for the purpose of considering the Senate amendments thereto:
HB 708. By Messrs. Moate of Hancock, Hawkins of Screven, and others:
A Bill to be entitled an Act to amend an Act creating the Peace Officers' Annuity and Benefit Fund; and for other purposes.
The following Senate amendment was read:
The Committee of the Senate on Rules moves to amend HB 708 as follows:
By adding after the word "fine", as it appears in four places in the scale of payments as set out in the quoted matter in Section 5 of the Bill, the words "or bond forfeiture", so that, when so amended, the provisions relating to the scale shall read as follows:
"For any fine or bond forefiture of more than $4.00, but not more than $25.00 ______________________________.___________._________...$2.00
"For any fine or bond forfeiture of more than $25.00, but not more than $50.00 ____._._______..._.___________________._.___.___..____$3.00
"For any fine or bond forfeiture of more than $50.00, but not more than $100.00 ._......____._._.......____............._.._.._.__.....$4.00
"For any fine or bond forfeiture of more than $100.00 _...________$5.00"
Mr. Hawkins of Screven moved that the House agree to the Senate amend ment.
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
Bagby Ballard
Baughman Birdsong
978
JOURNAL OF THE HOUSE,
Blalock of Clayton Bodenhamer Brackin Brennan Brooks of Oglethorpe Brooks of Fulton Burkhalter Cagle Caldwell Callier A. Campbell of
Walker W. Campbell of
Walker Carlisle Carswell Chastain Cheatham Cloud Cocke Cowart Crummey Echols Elder Ellis Eyler Flynt Fordham Fowler of Douglas Fowler of Treutlen Frazier Fuqua Greene of Bartow Grimsley Gross of Stephens Gross of Dade Gunter Hall of Lee Hardaway Harrison Hawkins Hodges of Ware
Hogan Hurst Ingle Irvin Jessup Johnson Jones of Wayne Jones of Worth Jones of Laurens Jones of Crawford Kelley Kennedy Key Kimmons Lancaster Lanier Larkins Lee Lokey Long Lott Love Mackay Martin Matthews Miles Mobley Moorman Morris Moss Mull Murphy Musgrove McClelland McGibony Neese Newton Nichols Nilan Odom Orr Overby
Palmer Parker of Appling Perry Peters Pettey Pickett Ray Roberts Rodgers of Charlton Rogers of Heard
Ross Rowland Scoggin Sheffield Short Sivell Smith of Whitfield Smith of Bryan Souter Stephens Story Summers Tabb Tamplin Tarpley Tayler Todd Twitty Walker of Lowndes Walker of Telfair Watson Weems Wells Willis Wilson Winkle Wooten Wright of Dodge Yandle Young
On the motion to agree, the ayes were 128, nays 0.
The Senate amendment to HB 708 was agreed to.
HR 270-687c. By Messrs. Brooks of Oglethorpe, Stephens of Clarke, and others:
A Resolution authorizing the Budget Bureau to provide funds for con structing a building to house valuable records of the State; and for other purposes.
The following Senate amendment was read:
The Senate moves to amend HR 270-687c by adding in the last sentence between the words "to provide" and "the funds", the words
MONDAY, FEBRUARY 17, 1958
979
"to the Secretary of State" so that after amendment the last sentence shall read: "Be it further resolved that the Budget Bureau is hereby authorized and directed to provide to the Secretary of State the funds necessary to carry out the purposes of this Resolution from any avail
able funds."
Mr. Brooks of Oglethorpe moved that the House agree to the Senate amend ment.
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 Bagby Barber Baughman Birdsong Blalock of Coweta Blalock of Clayton Bodenhamer Boggs Brackin Brooks of Oglethorpe Broome Budd Burkhalter Cagle Callier A. Campbell of
Walker W. Campbell of
Walker Carlisle Carr Carswell Carter Chastain Cheatham Coalson Cocke Cowart Crummey Elder Ellis Ellis Eyler Pordham Fowler of Douglas Fowler of Treutlen Frazier Fuqua Green of Rabun Greene of Bartow
Grimsley Gross of Stephens Gross of Dade Hall of Lee Hardaway Harper Harrison Hodges of Ware Hogan Hurst Ingle Irvin Jessup Johnson Jones of Wayne Jones of Laurens Jones of Crawford Kelley Kennedy Key Kimmons Lancaster Lanier Larkins Lee Lokey Long Lott Love Mackay Martin Matthews Miles Mobley Moorman Moss Murphy Musgrove McClelland MeGibony Neese Newton
Nichols Nilan Odom Orr Palmer Parker of Ware Parker of Appling Perry Peters Pettey Pickett
Ray Roberts Rodgers of Charlton Rogers of Heard Ross Rowland Sheffield Smith of Bryan Souter Stephens Story Summers
Tabb Tamplin Tarpley Taylor Todd Twitty Walker of Lowndes Walker of Telfair
Watson Weems Willingham Willis Wilson Wooten Wright of Dodge Yandle Young
980
JOURNAL OF THE HOUSE,
Voting in the negative was Mr. Cloud.
On the motion to agree, the ayes were 121, nays 1.
The Senate amendment to HR 270-687c was agreed to.
HB 872. By Messrs. McClelland, Smith, and Brooks of Fulton:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of East Point by annexing additional land; and for other purposes.
The following Senate amendment was read:
The Senate moves to amend HB 872 as follows:
By striking section 1 in its entirety and substituting in lieu thereof the following:
"All of that unincorporated area of Fulton County consisting of Land Lots 1, 2 and 31 of the 13th District, and Land Lots 225, 226, 255 and 256 and approximately half of 224 of the 14th District of said County, the geographical boundary line of which annexed area is as follows:
BEGINNING at the northeast corner of said Land Lot 226 of said 14th District, where the East Point City Limits intersect the City of Atlanta boundary line, and running thence south along the east line of said Land Lots 226 and 225 forty-six hundred and seventy (4,670') feet, more or less, to a point fifteen hundred (1500') feet south of the north line of said Land Lot 224; thence east parallel with the north line of said Land Lot 224 three thousand (3,000') feet, more or less, to the east line of said Land Lot 224 at a point fifteen hundred (1500') feet south of the north line of of said Land Lot 224; thence south along the east line of said Land Lot 224 fourteen hundred (1400') feet, more or less, to the south line of said Land Lot 224; thence west along the south line of said Land Lot 224 three thousand and seventy (3070') feet, more or less, to the east line of said Land Lot 2 of said 13th District; thence south along the east line of said Land Lots 2 and 31 of said 13th District fifty-nine hundred and forty (5940') feet, more or less, to the southeast corner of said Land Lot 31; thence west along the south line of said Land Lot 31 of said 13th District twenty-nine hundred (2900') feet, more or less, to the west line of said Land Lot 31; thence north along the west line of said Land Lot 31 of said 13th District twenty-nine hundred and seventy (2970') feet, more or less, to the southeast corner of Land Lot 1 of the 13th District; thence west along the south line of said Land Lot 1 of the 13th District twenty-nine hundred (2900') feet to the southwest corner of Land Lot 1 of the 13th District; thence north along the west line of Land Lot 1 of the 13th District twenty-nine hundred and seventy (2970') feet, more or less, to the south line of said Land Lot 256 of said 14th District; thence west along the south line of said Land Lot 256 one hundred eighty (180') feet, more or less, to the west line of said Land Lot 256; thence north along the west line of said Land Lots 256 and 255 of said 14th
MONDAY, FEBRUARY 17, 1958
981
District six thousand (6000') feet, more or less, to the north line of said Land Lot 255; thence east along the north line of said Land Lots 255 and 226 of said 14th District six thousand and thirty (6030') feet, more or less, to the east line of said Land Lot 226 and the point of beginning,
be and said unincorporated area is hereby annexed to and incorporated in the City of East Point, a municipal corporation located within said County, and said unincorporated area with the inhabitants thereof are hereby made a part of the City of East Point subject to all of the obligations, laws, ordinances, rules and regulations applicable to other inhabitants of said City and entitled to all of the rights, powers, benefits, privileges and immunities thereof, as fully and as completely as if they were inhabitants of said City as it now exists, including the obligation to pay taxes for retirement of bonded indebtedness and for all other purposes for which taxes may be lawfully levied and collected by said City, and at the same time subject to all of the government and entitled to all of the protection of said City government."
Mr. McClelland of Fulton moved that the House agree to the Senate amend ment.
On the motion to agree, the ayes -were 103, nays 0.
The Senate amendment to HB 872 was agreed to.
Under the order of business established by the Committee on Rules, the following Bills and Resolution of the House were taken up for consideration and read the third time:
HR 435-1071b. By Mr. Twitty of Mitchell:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize taxation for the purpose of paying pensions and other benefits and costs under an ordinaries retirement system; 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 II of the Constitution, relating to purposes and method of taxation, is hereby amended by adding at the end thereof a new paragraph, to be known as Paragraph VI, to read as follows:
"Paragraph VI. The power of taxation may be exercised by the State through the General Assembly, and the counties, for the purpose of paying pensions and other benefits and costs under an ordinaries retirement system of Georgia. The taxes so levied may be collected by such ordinaries pension system or agents or officials designated by the legislature and disbursed by said system by authority of the General Assembly for the purposes herein authorized."
982
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, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
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 that taxation may be exercised for the purpose of paying pensions and other benefits and costs under an ordinaries retire ment system."
"Against ratification of amendment to the Constitution so as to provide that taxation may be exercised for the purpose of paying pensions and other benefits and costs under an ordinaries retire ment system."
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 amend ment 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 roll call was ordered and the vote was as follows :
Those voting in the affirmative were Messrs.:
Adams Alien Ballard Barber Barrett Baughman Birdsong Black Blalock of Coweta Blalock of Clayton
Bodenhamer Brackin Brennan Brooks of Oglethorpe Brooks of Fulton Broome Budd Burkhalter Busbee Cagle
Caldwell Callier Carlisle Carr Carswell Carter Chastain Cheatham Cheek Cloud
MONDAY, FEBRUARY 17, 1958
983
Coalson Cocke Cowart Crummey Dorminy Echols Elder Ellis Eyler Floyd Fordham Fowler of Douglas Fowler of Treutlen Frazier Fuqua Green of Rabun Grimsley Gross of Stephens Gunter Hall of Floyd Hall of Lee Hardaway
Harper Harrison Hawkins Henderson Hodges of Ware Hogan Holloway Huddleston Hurst Ingle Irvin Jessup Johnson Jones of Wayne Jones of Lumpkin Jones of Laurens Jones of Crawford Kelley
Kennedy Key Killian Kimmons King Lanier Larkins Lee Lokey Long Love Mann Martin Matthews Miles Miller of Elbert Mobley Moorman Morris Moss Mull Murphy Murr Musgrove McClelland McGibony McKenna Neese Newton Nichols Nilan Odom Orr Palmer Parker of Ware Parker of Appling Peters Phillips of Walton Pickett Ray
Roberts Rodgers of Charlton Rogers of Heard Ross Rowland Scoggin Sheffield Sivell Smith of Forsyth Smith of Emanuel Smith of Fulton Smith of Whitfield Smith of Bryan Souter Stephens Story Summers Tabb Tamplin Tarpley Taylor Todd Truelove Twitty Underwood Veal Walker of Lowndes Walker of Telfair Watson Weems Wells Willingham Willis Wilson Winkle Wooten Wright of Floyd Wright of Dodge Yandle Young
On the adoption of the Resolution, the ayes were 150, nays 0.
The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.
HB 702. By Mr. Brooks of Fulton:
A Bill to be entitled an Act to prohibit State officials from collecting private funds for the enforcement of the penal laws of Georgia; and for other purposes.
The following amendment was read and adopted:
Mr. Brooks of Fulton moves to amend HB 702 as follows: By in serting in the title in line 3 thereof, after the clause "or any of the
984
JOURNAL OF THE HOUSE,
Regulations issued pursuant to law:, the words "except as authorized by law"; and by inserting at the end of Section 1 of said Act the words "except as specifically authorized by law".
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 roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.
Adams Alien Ballard Barber Barrett Birdsong Blalock of Coweta Blalock of Clayton Bolton Brooks of Oglethorpe Brooks of Pulton Broome Budd Busbee Cagle Caldwell Carlisle Carr Carter Cheatham Cheek Coalson Cocke Cowart Crummey Dorminy Echols
Elder
Ellis
Eyler
Floyd
Flynt
Fordham
Fowler of Douglas
Fowler of Treutlen
Frazier
Fuqua
Gowen Greene of Bartow Grimsley Gross of Stephens Gunter Hall of Lee Harper Harrison Henderson Hodges of Ware Hogan Holley Holloway Hurst Ingle Irvin Jones of Wayne Jones of Laurens Jones of Crawford Kelley Key Killian Kimmons Lee Lokey Long Mackay
Matthews
Miles
Miller of Elbert
Morris
Moss
Murphy
Murr
Musgrove
McClelland
McGibony
McKenna Neese Newton Nichols Orr Palmer Parker of Ware Parker of Appling Payton Pettey Pickett Ray Rodgers of Charlton Rogers of Heard Ross Sivell Smith of Forsyth Smith of Whitfield Smith of Bryan Souter Stephens Story Summers Tamplin Tarpley Taylor Truelove
Underwood
Watson
Weems
Wells
Wilson
Wooten
WTright of Dodge
Yandle
MONDAY, FEBRUARY 17, 1958
985
Those voting in the negative were Messrs.:
Baughman Carswell Chastain
Hawkins Martin Roberts
Sheffield Todd Willis
On the passage of the Bill, as amended, the ayes were 109, nays 9.
The Bill, having received the requisite constitutional majority, was passed, as amended.
HB 1058. By Mr. Hawkins of Screven:
A Bill to be entitled an Act to create the Georgia Commission of Surplus Property; and for other purposes.
The following amendment was read:
Mr. Underwood of Montgomery moves to amend HB 1058 by striking the words "Fixed by" in line 3 of Section 2 and inserting in Heu thereof the words "not to exceed $500.00 per month".
On the adoption of the amendment, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Ballard Blalock of Coweta Brennan Broome Carter Ellis
Fowler of Treutlen Frazier Gunter Hodges of Ware Key Killian Palmer
Those voting in the negative were Messrs.:
Baughman Birdsong Blalock of Clayton Brackin Budd Burkhalter Cagle Carlisle Carr Carswell Chastain Cheatham Cheek Cocke Cowart Eyler Floyd Flynt Fuqua
Greene of Bartow Griffith Grimsley Hall of Lee Hardaway Harper Harrison Hawkins Henderson Hogan Holcombe Holloway Hurst Ingle Johnson Jones of Wayne Jones of Laurens Jones of Crawford Kennedy
Ray Ross Rowland Smith of Bryan Underwood Wilson
King Larkins Lokey Long Mackay Mann Martin Matthews Miles Mobley Moorman Murr Musgrove McClelland McGibony McKenna Neese Newton Nichols
986
JOURNAL OF THE HOUSE,
Milan Odom Orr Parker of Ware Parker of Appling Peters Pettey Reed Roberts Rodgers of Charlton Rogers of Heard
Sheffield Sivell Smith of Pulton Smith of Whitfield Souter Stephens Story Summers Tabb Tamplin Tarpley
Taylor Truelove Veal Walker of Telfair Weems Wells Willingham Willis Wright of Dodge
On the adoption of the amendment, the ayes were 20, nays 87.
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, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.
Adams Bagby Ballard Barber Barrett Baughman Birdsong Blalock of Clayton Brackin Brooks of Fulton Broome Budd Burkhalter Busbee Cagle Caldwell A. Campbell of
Walker W. Campbell of
Walker Carlisle Carr Carswell Carter Chastain Cheatham Cheek
Cloud Coalson Cocke Cowart Crummey Echols Ellis Eyler Floyd Flynt Fowler of Douglas Fuqua Gowen Green of Rabun Greene of Bartow Griffith Grimsley Gross of Stephens Gross of Dade Hall of Floyd Hall of Lee Hardaway Harper Harrison Hawkins Henderson Hodges of Ware
Hogan Holcombe Holloway Hurst Ingle Irvin Johnson Jones of Wayne Jones of Laurens Jones of Crawford Kelley Kennedy Killian King Lancaster Lanier Lokey Mackay Mann Martin Matthews Miles Miller of Elbert Mobley Moorman Morris Moss
MONDAY, FEBRUARY 17, 1958
987
Mull Murphy Murr
Musgrove McClelland McGibony McKenna
Neese Newton Nichols
Nilan Odom Orr Palmer
Parker of Ware Parker of Appling Peters
Pettey
Pickett Ray Reed
Roberts Rodgers of Charlton Rogers of Heard Rowland
Scoggin Sheffield Sivell
Smith of Forsyth Smith of Fulton Smith of Whitfield Souter
Stephens Story Summers
Tabb
Tamplin Tarpley Taylor
Todd Truelove Twitty Underwood
Veal Walker of Lowndes Walker of Telfair
Weems Wells Willingham Wilson
Wooten Wright of Dodge Yandle
Young
Those voting in the negative were Messrs.:
Blalock of Coweta Gunter
Love Ross
Smith of Emanuel Smith of Bryan
On the passage of the Bill, the ayes were 134, nays 6.
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 Rules:
HR 498. By Messrs. Stephens of Clarke, Brooks of Oglethorpe, and Fowler of Douglas:
A RESOLUTION
Creating a Committee of the House of Representatives of the General Assembly of Georgia for the Purpose of Assisting and Advising with the Secretary of State in the Plans and Construction of a Building to house the Archival and other permanent records of the State.
BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF THE GENERAL ASSEMBLY OF GEORGIA that there is hereby created a committee of said House for the purpose of assisting, aiding and advising with the Secretary of State of Georgia in the plans and construction of a building authorized by the House for the storage and preservation of archival and other permanent records of the State.
Said committee shall be composed of three members of the House of Representatives to be appointed by the Speaker. Said committee is hereby authorized to make a complete and comprehensive study of the problems, and is authorized to consult with and employ experts and other persons familiar with the matters described herein, in order to be able to obtain the best possible plans and information. The Secre tary of State is also added as a member of the committee and is desig nated as Chairman thereof. Said Committee shall meet upon his call. For each day spent in the performance of the duties and functions
988
JOURNAL OP THE HOUSE,
described herein, each member of the Committee shall be entitled to, and shall receive, the same per diem, compensation expense allowance and travel allowance as is received by a member of the General As sembly for service on interim committees. The Secretary of State shall receive the allowance for service on Boards according to general law. The said committee shall continue in existence until such times as its duties in assisting and aiding the Secretary of State shall be completed, provided the total number of days shall not exceed fifteen (15).
Under the order of business established by the Committee on Rules, the fol lowing Bill of the House was taken up for consideration and read the third time:
HB 903. By Messrs. Hawkins of Screven, Sheffield of Brooks, and Jessup of Bleckley:
A Bill to be entitled an Act to amend the Code pertaining to the main tenance of overpasses and underpasses, and for other purposes.
By unanimous consent, further consideration of HB 903 was postponed until the Committee substitute could be printed and placed on the Members' desk.
Under the order of business established by the Committee on Rules, the following Bill of the House was again taken up for consideration:
HB 620. By Messrs. McKenna of Bibb, Floyd of Chattooga, Ingle of Gordon and Summers of Crisp:
A Bill to be entitled an Act to amend an Act providing for the issuance of special motor vehicle license tags to members of the Georgia National Guard; and for other purposes.
The following amendment was read and adopted:
Mr. McKenna of Bibb moves to amend HB 620 by striking there from the words "at no additional charge" appearing on line 5 of page 2 of the original Bill and inserting in lieu thereof the following: "and shall pay a transfer and cancellation fee of fifty cents and shall also pay license fees in an amount, if any, that the license fee for the newly acquired vehicle exceeds the license fee of the original vehicle". And also by striking therefrom the words "at no additional charge" ap pearing in line 19 on page 2 of the original Bill and inserting in lieu therefor the following: "and shall pay a transfer and cancellation fee of fifty cents and also pay license fees in any amount, if any, that the license fee for the newly acquired vehicle exceeds the license fee of the original vehicle".
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.
MONDAY, FEBRUARY 17, 1958
989
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 Bagby Ballard Barber Barrett Baughman Birdsong Black Blalock of Coweta Blalock of Clayton Bodenhamer Brackin Brennan Brooks of Oglethorpe Broome Cagle Caldwell Carlisle Carr Carswell Carter Chastain Cheatham Cheek Cloud Coalson Cocke Cowart Ellis Eyler Floyd Flynt Fordham Fowler of Douglas Gowen Greene of Bartow Grimsley Gross of Stephens Gross of Dade
Gunter Hall of Floyd Hall of Lee Hardaway Harper Harrison Hawkins Henderson Hodges of Ware Hogan Holcombe Hurst Ingle Johnson Jones of Laurens Jones of Crawford Kelley Killian
Lanier Lee Long Lott Mackay Mann Martin Matthews Miles Miller of Elbert Mobley Morris Mull Murr Musgrove McClelland McCracken McGibony McKenna Neese Newton Nichols
Nilan Odom Orr Overby Parker of Appling Perkins Peters Pettey Ray Reed Rogers of Heard
Ross Rowland Scoggin Sheffield Short Sivell Smith of Forsyth Smith of Emanuel Smith of Fulton Smith of Whitfield
Souter Stephens Summers
Tabb Tamplin
Tarpley Taylor Todd Truelove Twitty Walker of Telfair
Weems Wells Willingham Wilson Winkle Young
Those veting in the negative were Messrs.:
Budd Dorminy Frazier Griffith Jones of Wayne
Kennedy Kidd Mooiman Palmer Parker of Ware
Pickett Roberts
Story Walker of Telfair
On the passage of the Bill, as amended, the ayes were 118, nays 14.
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JOURNAL OF THE HOUSE,
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 862. By Mr. Overby of Hall:
A Bill to be entitled an Act to authorize the Secretary of State to designate employees to accept service; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.
Adams Alien Ballard Barber Barrett Baughman Birdsong Blalock of Coweta Blalock of Clayton Brennan Brooks of Oglethorpe Brooks of Fulton Broome Budd Burkhalter Cagle Caldwell Carlisle Carr Carter Chastain Cheek Cloud Coalson Cocke Echols Ellis Eyler Flynt Fordham Fowler of Douglas Fowler of Treutlen Frazier Gowen Greene of Bartow Griffith
Grimsley Gross of Stephens Gunter Hall of Floyd Hall of Lee Hardaway Harper Harrison Hawkins Henderson Hodges of Ware Hodges of Butts Hogan Ingle Irvin Jones of Wayne Jones of Lumpkin Jones of Laurens Jones of Crawford Kelley Kennedy Key Kidd Killian Kimmons Lanier Larkins Lee Long Lott Love Mackay Mann Matthews Miles Miller of Elbert
Moorman Morris Moss Murr Musgrove McClelland McCracken McGibony
Neese Newton Nichols Odom Orr Overby Palmer Parker of Ware Parker of Appling Peters Pickett Ray Roberts Rogers of Heard Ross Rowland Scoggin Sheffield Sivell Smith of Forsyth Smith of Emanuel Smith of Fulton Smith of Whitfield Souter Stephens Story Summers Tabb
MONDAY, FEBRUARY 17, 1958
991
Tarpley Taylor Todd Truelove Twitty
Underwood Veal Walker of Lowndes Walker of Telfair Watson
Wells Wilson Winkle Young
Voting in the negative was Mr. Smith of Bryan
On the passage of the Bill, the ayes were 122, nays 1.
The Bill, having received the requisite constitutional majority, was passed.
HB 768. By Mr. Tamplin of Morgan, Pelham of Schley, Fowler of Douglas and Boggs of Madison:
A Bill to be entitled an Act to repeal Code Section 42-513 relating to the licenses and fees for the manufacture of butter, ice cream, cheese, condensed milk or milk powder; 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.:
Adams Alien Bagby Ballard Barber Barrett Baughman Birdsong Black Blalock of Coweta Blalock of Clayton Bodenhamer Brennan Brooks of Oglethorpe Brooks of Fulton Broome Budd Cagle Caldwell Carlisle Carr Carswell Carter
Chastain Cheek Cloud Coalson Cocke Crummey Echols Ellis Eyler Flynt Fordham Fowler of Douglas Fowler of Treutlen Frazier Gowen Greene of Bartow Grimsley Gross of Stephens Gunter Hall of Floyd Hall of Lee Hardaway Harper
Harrison Hawkins Henderson Hodges of Ware Hogan Ingle Irvin Jones of Wayne Jones of Laurens Jones of Crawford Kelley Kennedy Key Kidd Killian Kimmons Lanier Larkins Lee Lokey Long Lott Love
992
JOURNAL OF THE HOUSE,
Mackay Mann Matthews Miles Miller of Elbert Moorman Morris Moss Murr Musgrove McClelland McCracken McGibony McKenna Neese Newton Nichols Nilan Odom Orr
Palmer Parker of Ware Peters Pickett Ray Roberts Rodgers of Charlton Rogers of Heard Ross Scoggin Sheffield Sivell Smith of Forsyth Smith of Emanuel Smith of Fulton Smith of Whitfield Smith of Bryan Souter Stephens Story
Summers Tabb Tamplin Tarpley Taylor Todd Truelove Twitty Underwood Veal Walker of Lowndes Walker of Telfair Wells Willingham Wilson Winkle Yandle Young
On the passage of the Bill, the ayes were 127, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 951. By Messrs. Frazier of Jeff Davis, Fowler of Douglas and Underwood of Montgomery:
A Bill to be entitled an Act to amend Code Section 92-1403, relating to the levy and exemptions of the tax on motor fuels; 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.:
Adams Alien Bagby Ballard Barber Barrett Baughman Birdsong Blalock of Coweta Blalock of Clayton Bodenhamer
Brennan Brooks of Oglethorpe Brooks of Fulton Broome Budd Cagle Caldwell Carlisle Carr Carswell Carter
Cheatham Cheek Cloud Coalson Cocke Crummey Dorminy Echols Ellis Eyler Floyd
MONDAY, FEBRUARY 17, 1958
993
Flynt Fordham Fowler of Douglas Fowler of Treutlen Frazier Gowen Greene of Bartow Griffith Grimsley Gross of Stephens Gunter Hall of Floyd Hall of Lee Hardaway Harper Harrison Hawkins Henderson Hodges of Ware Hogan Huddleston Ingle Irvin Jones of Wayne Jones of Lumpkin Jones of Laurens Jones of Crawford Kelley Kennedy Key Kidd Killian Kimmons Lanier
Larkins
Lee Lokey Long Lott Love Mackay Mann Matthews Miles Miller of Elbert Mobley Moorman Morris Moss Mull
Murphy Murr Musgrove McClelland McCracken McGibony McKenna Neese Newton Nichols Nilan Orr Palmer Parker of Ware Parker of Appling Peters Pettey Pickett
Ray Roberts Rogers of Heard Ross Rowland Scoggin Sheffield Short Sivell Smith of Forsyth Smith of Emanuel Smith of Fulton Smith of Whitfield Souter Stephens Story Summers Tabb Tamplin Tarpley Taylor Todd Twitty Underwood Veal Walker of Lowndes Walker of Telfair Watson Wells Willingham Wilson Winkle Wright of Dodge Young
Those voting in the negative were Messrs.:
Chastain
Smith of Bryan
On the passage of the Bill, the ayes were 135, nays 2. The Bill, having received the requisite constitutional majority, was passed.
HB 642. By Messrs. Cheatham, Eyler and Brennan of Chatham:
A Bill to provide for the use of facsimile signatures in the execution of public securities; and for other purposes.
The following substitute was read:
By the Committee on Judiciary:
AN ACT
To provide for the use of facsimile signatures in the execution of public securities; to provide for definitions; to repeal conflicting laws; and for other purposes.
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BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEORGIA:
SECTION 1
Public securities heretofore or hereafter authorized to be issued and delivered at any one time may be executed with an engraved, im printed, stamped or otherwise reproduced facsimile of any signature, seal or other means of authentication, certification or endorsement required or permitted to be recorded thereon, if so authorized by the Board, body or officer empowered by law to authorize the issuance of such securities, provided that at least one signature required or per mitted to be placed thereon shall be manually subscribed.
SECTION 2
The words "public securities" as used herein shall mean bonds, notes or other obligations for the payment of money issued by this State, by its political subdivisions, or by any department, agency or other instrumentality of this State or any of its political subdivisions.
SECTION 3
All laws and parts of laws in conflict with this Act are hereby repealed.
The following amendment to the substitute was read and adopted:
Messrs. Cheatham of Chatham and Willingham of Cobb moves to amend the committee substitute to HB 642 as follows:
By adding a new section before the repealing clause to be appro priately numbered and to read as follows:
"That the provisions of this Act shall be permissive only and shall in no instance be mandatory".
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, by substitute, was agreed to, as amended.
On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Alien Bagby Barber Barrett Baughman
Blalock of Clayton Bodenhamer Brennan Brooks of Fulton Broome Budd
Cagle Caldwell A. Campbell of
Walker W. Campbell of
Walker
MONDAY, FEBRUARY 17, 1958
995
Carlisle Carr Carswell Carter Chastain Cheatham Cheek Coalson Cocke Crummey Dorminy Echols Ellis Eyler Floyd Flynt Fordham Fowler of Douglas Fowler of Treutlen Frazier Gowen Greene of Bartow Griffith Grimsley Gross of Stephens Gunter Hall of Floyd Hall of Lee Hardaway Harper Harrison Hawkins Hodges of Ware Hogan Ingle Irvin
Jones of Laurens Jones of Crawford
Kelley Kennedy Key Kidd Killian Lanier Larkins Lee Lokey Long Lott Love Mackay Mann Matthews Miles Miller of Elbert Moorman Morris Moss Mull Murphy Murr Musgrove McClelland McCracken McGibony McKenna Neese Newton Nichols Odom Orr Overby
Palmer Parker of Ware Parker of Appling Peters Pettey Pickett Ray Roberts Rodgers of Charlton Rogers of Heard Scoggin
Sivell Smith of Forsyth Smith of Emanuel Smith of Fulton Smith of Whitfield Souter Story Summers Tabb Tarpley Taylor Todd Twitty Underwood Veal Walker of Lowndes Watson Wells Willingham Wilson Winkle Yandle Young
On the passage of the Bill, by substitute, as amended, the ayes were 122, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.
HB 990. By Messrs. Carlisle and McKenna of Bibb:
A Bill to be entitled an Act to amend Code Chapter 46-3 pertaining to answers to writs of garnishment and traverse 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.
996
JOURNAL OF THE HOUSE,
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 Barrett Birdsong Blalock of Coweta Bodenhamer Brackin Brennan Broome Budd Burkhalter Caldwell A. Campbell of
Walker W. Campbell of
Walker Carlisle Carr Carswell Carter Cheatham Cheek Cloud Coalson Cocke Dorminy Echols Ellis Eyler Floyd Fordham Fowler of Douglas Fowler of Treutlen Frazier Gowen Green of Rabun Greene of Bartow
Griffith Grimsley Gross of Stephens Gunter Hall of Lee Hardaway Harper Harrison Hawkins Hodges of Ware Hogan Hurst Ingle Irvin Jones of Laurens Jones of Crawford Kelley Kennedy Kidd Killian Kimmons Land Lanier Larkins Long Love Mackay Mann Matthews Miller of Elbert Moorman Moss Mull Murphy Murr Musgrove McCracken McGibony McKenna
Neese Nichols Odom Orr Palmer Parker of Ware Parker of Appling Peters Pettey Pickett Raulerson Ray Reed Roberts Rogers of Heard Ross Rowland Sheffield Smith of Forsyth Smith of Bryan Souter Story Summers Tabb Tarpley Taylor Todd Twitty Underwood Veal Walker of Lowndes Walker of Telfair Watson Wells Willingham Wilson Young
On the passage of the Bill, the ayes were 113, nays 0.
The Bill, having received the requisite constitutional majority was passed.
The Clerk was directed to correct a typographical error in HB 990.
Mr. Hawkins of Screven moved that the House do now adjourn until 10:00 o'clock a.m., tomorrow morning, and the motion prevailed.
The Speaker announced the House adjourned until 10:00 o'clock tomorrow morning.
TUESDAY, FEBRUARY 18, 1958
997
Representative Hall, Atlanta, Georgia. Tuesday, February 18, 1958.
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 Glenn Doris, Pastor of the First Presbyterian Church, Gainesville, Georgia.
The roll was called and the following members answered to their names:
Adams Alien Bagby Ballard Barber Barrett Baughman Birdsong Black Blalock of Clayton Bodenhamer Boggs Brackin Bradley Brennan Brooks of Oglethorpe Brooks of Fulton Broome Burkhalter Busbee Cagle Caldwell Callier A. Campbell of
Walker W. Campbell of
Walker Carlisle Carr Carswell Carter Cheatham Cheek Cloud Coalson Cocke Craven Crummey Dorminy Duncan Echols Elder Ellis Eyler
Fellows Floyd Flynt Fordham Fowler of Douglas Fowler of Treutlen Frazier Fuqua Gowen Greene of Bartow Griffith Grimsley Gross of Stephens Gross of Dade Gunter Hall of Floyd Hall of Lee Hardaway Harper Harrison Hawkins Helms Henderson Hill Hodges of Ware Hodges of Butts Hogan Holley Holloway Hurst Ingle Irvin Jessup Johnson Jones of Wayne Jones of Lumpkin Jones of Baker Jones of Laurens Jones of Sumter Jones of Crawford Kelley Kennedy Key Kidd
Killian King Lam Lancaster Lanier Larkins Lee Lindsey Lokey Long Lott Mackay Mann Martin Matthews Miles Miller of Twiggs Miller of Elbert Mobley Moorman Morris Moss Murphy Murr Musgrove McCracken McGibony McKenna McWhorter Neese Newton Nichols Nilan Orr Overby Palmer Parker of Pike Parker of Ware Pelham Perkins Perry Peters Pettey Phillips of Columbia
998
JOURNAL OF THE HOUSE,
Phillips of Walton Pickard Pickett Ramsey Raulerson
Ray Roberts Ross Russell Rutland Seoggin Short Singer Sivell
Smith of Porsyth Smith of Emanuel Smith of Lamar Smith of Whitfield Smith of Bryan
Souter Stephens Story Summers Tabb Tamplin Tarpley Taylor Todd
Twitty Underwood Veal Walker of Telfair Watson
Weems Wells Winkle Wooten Wright of Dodge Yandle Young
Mr. Black of Webster, Chairman of the Committee on Auditing, Enrolling
& Engrossing, 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.
2. First reading and reference of House Bills and Resolutions.
3. Reports of Standing Committees.
4. Second reading of Bills and Resolutions.
5. Third reading and passage of local Bills and general Bills with local application.
6. First reading and reference of Senate Bills and Resolutions.
The following 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 267. By Senator Trotter of the 37th:
A Bill to amend Section 56-601 of the Code of Georgia relating to venue of suits against insurance companies, so as to provide that any action or suit on the bond of a sheriff, or other arresting or law enforcement officer, upon which any guaranty or surety company or fidelity insurance company is bound and obligated as surety, shall be instituted in the county of the residence of such office, and not in any other county; and for other purposes.
TUESDAY, FEBRUARY 18, 1958
999
SB 268. By Senator Oxford of the llth:
A Bill to amend the Act relating to the regulation of Registered Pro fessional Engineers and Land Surveyors, (Ga. Laws 1945, p. 294), (Ga. Laws 1956, p. 691), so as to authorize the Board of Registration of such Engineers and Surveyors to fix the date and time of examina tion; and for other purposes.
SB 293. By Senator Hawes of the 30th:
A Bill to amend the Act authorizing the State Board of Health to make rules for the protection of the health of inmates of hospitals so as to authorize the making of rules for the protection of the health of inmates in nursing homes and other institutions; and for other purposes.
SB 272. By Senator Cook of the 42nd:
A Bill to amend the Act relating to the abolition of exceptions pendente lite, so as to define what judge should certify bills of exceptions; and for other purposes.
SB 297. By Senators Hill of the 54th, Foster of the 26th, Butts of the 12th, Adams of the 15th, Gillis of the 16th, and Newman of the 38th:
A Bill to amend the Act relating to the State Board of Corrections so as to increase the salary of the director; and for other purposes.
SB 282. By Senator Trotter of the 37th:
A Bill to provide for the recording of leases or usufructs of land or of any interest in land and assignments thereof; and for other purposes.
The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has adopted by the requisite constitutional majority the follow ing Resolution of the House to wit:
HR 405. By Messrs. Moate of Hancock, Hawkins of Screven and others:
A Resolution to authorize the conveyance of certain land in Baldwin County; and for other purposes.
The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker: The Senate has passed by the requisite constitutional majority the following
Bills and Resolutions of the House and Senate to wit:
SB 275. By Senator Edenfield of the 2nd: A Bill to amend the Act relating to the State Game and Fish Com-
1000
JOURNAL OF THE HOUSE,
mission so as to prohibit dredging of oysters from waters of a depth of less than eight feet at mean low tide; and for other purposes.
HR 314. By Mr. Walker of Telfair:
A Resolution to authorize the Governor to convey certain property in Telfair County; and for other purposes.
HR 374. By Messrs. Moate of Hancock, Jessup of Bleckley and others:
A Resolution memorializing the Congress of the United States to enact Legislation providing for the repeal of the Federal Excise Tax upon the transportation of passengers and freight; and for other purposes.
HR 406. By Mr. Helms of Atkinson:
A Resolution proposing an amendment to the Constitution so as to abolish the elective office of County School Superintendent of Atkin son County; and for other purposes.
HR 470. By Messrs. Moate of Hancock, Murr of Sumter, McKenna of Bibb, Wilson of Bibb; and others:
A Resolution protesting a proposed decrease in the strength of the National Guard; and for other purposes.
HB 780. By Mr. Fowler of Douglas:
A Bill to be entitled an Act to amend an Act relating to second primary elections, so as to provide that said section shall be applicable to the office of Lieutenant Governor; and for other purposes.
HB 836. By Mr. Budd of Lowndes:
A Bill to be entitled an Act to provide for a State Board of Registra tion of Used Car Dealers; and for other purposes.
HB 884. By Messrs. Jones and Hogan of Laurens, Rowland of Johnson, Miller of Twiggs and Fowler of Treutlen:
A Bill to be entitled an Act to amend an Act placing the SolicitorGeneral of the Oconee Judicial Circuit on a salary basis; 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 920. By Mr. Kimmons of Pierce:
A Bill to be entitled an Act to amend an Act to establish City Court of Blackshear; and for other purposes.
TUESDAY, FEBRUARY 18, 1958
1001
HB 931. By Messrs. Smith, McClelland and Brooks of Fulton:
A Bill to be entitled an Act to amend an Act so as to provide refund of contributions by members made for months for which no pension credit accrues in counties of 150,000 population and over; and for other purposes.
HB 934. By Messrs. McClelland, Brooks, and M. Smith of Fulton:
A Bill to be entitled an Act to amend an Act to create a system of traffic courts for counties having population of more than 300,000; and for other purposes.
HB 955. By Messrs. Cheatham, Eyler and Brennan of Chatham:
A Bill to be entitled an Act to amend an Act incorporating and creat ing a charter for the City of Port Wentworth, so as to increase the corporate limits; and for other purposes.
HB 956. By Mr. Kelley of Dawson:
A Bill to be entitled an Act to amend an Act creating the office of County Tax Commissioner of Dawson County; and for other purposes.
HB 974. By Messrs. McKenna, Wilson and Carlisle of Bibb:
A Bill to be entitled an Act to amend an Act relating to the Charter of the City of Macon; and for other purposes.
HB 982. By Messrs. Willis and Chastain of Thomas:
A Bill to be entitled an Act to amend an Act incorporating the City of Coolidge; and for other purposes.
HB 985. By Messrs. Busbee and Holloway of Dougherty:
A Bill to be entitled an Act to amend an Act establishing the City Court of Albany; and for other purposes.
HB 989. By Messrs. Willingham, Reed and Holcombe of Cobb:
A Bill to be entitled an Act to amend an Act creating a new Charter for the City of Kennesaw; and for other purposes.
The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the follow ing Bills and Resolutions of the House and Senate to wit:
HB 994. By Mr. Barrett of Cherokee:
A Bill to be entitled an Act to amend an Act creating a new Charter for the City of Canton; and for other purposes.
1002
JOURNAL OF THE HOUSE,
HB 995. By Messrs. Reed, Holcombe and Willingham of Cobb:
A Bill to be entitled an Act to amend an Act providing for the regu lation of the installation of warm air heating equipment in certain counties; and for other purposes.
HB 996. By Mr. Barrett of Cherokee:
A Bill to be entitled an Act to amend an Act incorporating the City of Canton; and for other purposes.
HB 1001. By Messrs. Lee 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, to prescribe its limits; and for other purposes.
HB 1002. By Messrs. Lee 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 1003. By Messrs. Lee 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 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 745. By Mr. Ellis of Henry:
A Bill to be entitled an Act to amend an Act incorporating the Town of Hampton, to change the corporate limits; and for other purposes.
HB 883. By Messrs. Jones of Laurens, Rowland of Johnson, Miller of Twiggs, Hogan of Laurens and Fowler of Treutlen:
A Bill to be entitled an Act placing the Solicitor-General of the Dublin Judicial Circuit on a salary basis; and for other purposes.
HB 959. By Messrs. McWhorter, Mackay and Rutland of DeKalb:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Chamblee; and for other purposes.
The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has passed by substitute the following Bill of the House to wit:
TUESDAY, FEBRUARY 18, 1958
1003
HB 986. By Messrs. Lanier of Candler, Tamplin of Morgan and others:
A Bill to be entitled an Act to amend an Act creating the Milk Control Commission; 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 of the Senate to wit:
SB 273. By Senator Cook of the 42nd:
A Bill to amend Section 81-206 of the Code of Georgia relating to service by publication in divorce actions so as to change the period of t:me for publication of notice; and for other purposes.
SB 300. By Senator Trotter of the 37th:
A Bill to create the Georgia Board of Landscape Architects; and for other purposes.
The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following Bills of the Senate to wit:
SB 312. By Senator Brown of the 52nd:
A Bill to establish a uniform procedure for the use of voting machines in cities and counties having a population of 200,000 or more; and for other purposes.
SB 313. By Senator Paris of the 27th:
A Bill to amend the Act providing the charter for the City of Winder, Barrow County, Georgia, so as to provide for a city manager; and for other purposes.
By unanimous consent, the following Bill of the House was read the first time and referred to the committee:
HB 1177. By Mr. Rowland of Johnson:
A Bill to be entitled an Act to repeal an Act establishing the City Court of Wrightsville; and for other purposes.
Referred to the Committee on Local Affairs.
By unanimous consent, the following Committee Reports were submitted and read:
1004
JOURNAL OF THE HOUSE,
Mr. Smith of Emanuel County, Vice-Chairman of the Committee on Appro priations, submitted the following report:
Mr. Speaker:
Your Committee on Appropriations has had under consideration the fol lowing Resolution of the House and has instructed me as Vice-Chairman, to report the same back to the House with the following recommendation:
HR 353-838e. Do Pass.
Respectfully submitted, Smith of Emanuel, Vice-Chairman.
Mr. Wooten of Randolph County, Vice-Chairman of the Committee on Highways, submitted the following report:
Mr. Speaker:
Your Committee on Highways 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 481-1159a. Do Pass.
Respectfully submitted,
Wooten of Randolph,
Vice-Chairman.
Mr. Smith of Bryan County, Chairman of the Committee on Hygiene and Sanitation, submitted the following report:
Mr. Speaker:
Your Committee on Hygiene and Sanitation has had under consideration the following Bills of the Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
SB 209. Do Pass.
SB 255. Do Pass.
Respectfully submitted, Smith of Bryan, 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 18, 1958
1005
following Bill of the House and has instructed me as Chairman, to report the same back to the House with the following recommendation:
HB 399. Do Pass. Respectfully submitted, Rowland of Johnson, Chairman.
Mr. Twitty of Mitchell County, Chairman of the Committee on Judiciary, submitted the following report:
Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bills of the House and Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
SB 276. Do Pass. HB 1123. Do Pass. SB 292. Do Pass.
Respectfully submitted, Twitty of Mitchell, Chairman.
Mr. Short of Colquitt County, Chairman of the Committee on Local Affairs, submitted the following report:
Mr. Speaker:
Your Committee on Local Affairs has had under consideration the follow ing Bills and Resolution of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 1139. Do Pass. HB 1140. Do Pass. HB 1143. Do Pass. HB 1130. Do Pass. HB 1137. Do Pass. HB 1142. Do Pass. HB 1144. Do Pass. HB 1138. Do Pass. HB 1146. Do Pass. HB 1133. Do Pass. HB 1145. Do Pass. HB 1132. Do Pass.
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JOURNAL OF THE HOUSE,
HB 1136. Do Pass. HR 476-1142a. Do Pass.
Respectfully submitted, Short of Colquitt, Chairman.
Mr. Cocke of Terrell County, Chairman of the Committee on Natural Re sources, submitted the following report:
Mr. Speaker: Your Committee on Natural Resources 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 291. Do Pass.
SB 290. Do Not Pass.
SB 248. Do Pass. Respectfully submitted,
Cocke of Terrell,
Chairman.
Mr. Hawkins of Screven County, Viee-Chairman of the Committee on Rules, submitted the following report:
Mr. Speaker:
Your Committee on Rules has had under consideration the following Resolu tions of the House and Senate and has instructed me as Vice-Chairman, to report the same back to the House with the following recommendations:
HR 494. Do Pass. SR 130. Do Pass. HR 437. Do Pass. HR 496. Do Pass.
Respectfully submitted, Hawkins of Screven, Vice-Chairman.
Mr. Overby of Hall County, Chairman of the Committee on State of Re public, 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
TUESDAY, FEBRUARY 18, 1958
1007
as Chairman, to report the same back to the House with the following recom mendations :
SB 123. Do Pass.
HB 1168. Do Pass.
SB 229. Do Pass.
HB 1063. Do Pass.
SB 202. Do Pass.
SR 114. Do Pass.
HB 1038. Do Pass.
HB 1020. Do Not Pass.
SR 115. Do Pass.
Respectfully submitted,
Overby of Hall,
Chairman.
By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time:
HB 1147. By Mr. Souter of Macon:
A Bill to be entitled an Act to repeal an Act incorporating the Town of Spalding in Macon, County; and for other purposes.
HB 1148. By Mr. Fowler of Douglas:
A Bill to be entitled an Act to repeal an Act providing for zoning in Douglas County; and for other purposes.
HB 1149. By Messrs. Cheatham, Brennan and Eyler of Chatham:
A Bill to be entitled an Act to amend the charter of the City of Sa vannah, so as to allow the registration book for voters to be closed in time to allow preparation of the voters list; and for other purposes.
HB 1150. By Mr. Alien of Bulloch:
A Bill to be entitled an Act to amend an Act providing for a salary in lieu of fees for the Clerk of the Superior Court in certain counties; and for other purposes.
HB 1151. By Mr. Alien of Bulloch:
A Bill to be entitled an Act to amend an Act creating the City Court of Statesboro; and for other purposes.
HB 1152. By Messrs. Stephens and Matthews of Clarke:
A Bill to be entitled an Act to amend an Act creating the office of Commissioner of Roads and Revenues of Clarke County; and for other purposes.
1008
JOURNAL OF THE HOUSE,
HB 1153. By Messrs. Moss and Story of Gwinnett:
A Bill to be entitled an Act to amend the charter of the Town of Sugar Hill, providing for the levy of ad valorem taxes; and for other purposes.
HB 1154. By Messrs. Greene and Bradley of Bartow:
A Bill to be entitled an Act to amend an Act creating the office of Commissioner of Roads and Revenues of Bartow County; and for other purposes.
HB 1155. By Messrs. Brooks, M. Smith and McClelland of Fulton:
A Bill to be entitled an Act to amend an Act providing that in certain cities, provisions for pensions for members of the Fire Department shall be made; and for other purposes.
HB 1156. By Messrs. M. Smith, McClelland and Brooks of Fulton:
A Bill to be entitled an Act to establish Local Education Commission in Atlanta and Fulton County; and for other purposes.
HB 1157. 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; to define the rights and powers of the municipality"; and for other purposes.
HB 1158. By Messrs. McClelland, Brooks and M. Smith of Fulton:
A Bill to be entitled an Act to amend an Act abolishing the fee system existing in the Superior Court of the Atlanta Judicial Circuit as applied to the office of the Solicitor General; and for other purposes.
HB 1159. By Messrs. Carlisle, Wilson and McKenna of Bibb:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Macon, relating to the Jurisdiction of Recorder's Court; and for other purposes.
HR 481-1159a. By Mr. Morris of Tift:
A Resolution to clarify certain designations of routes on the Jefferson Davis Highways; and for other purposes.
HB 1160. By Messrs. Carlisle and Wilson of Bibb:
A Bill to be entitled an Act to amend an Act re-enacting the charter of the City of Macon, so as to change the compensation of the Mayor and Aldermen; and for other purposes.
HB 1161. By Mr. Murphy of Haralson:
A Bill to be entitled an Act to provide an additional term of the Supe rior Court in Haralson County; and for other purposes.
TUESDAY, FEBRUARY 18, 1958
1009
HB 1162. 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.
HB 1163. By Mr. Murphy of Haralson:
A Bill to be entitled an Act to authorize the paving and improving of streets within the City limits of the City of Bremen; and for other purposes.
HB 1164. By Mr. Murphy of Haralson:
A Bill to be entitled an Act to authorize the governing authority of the City of Bremen, to change the hours for holding elections; and for other purposes.
HB 1165. By Mr. Murphy of Haralson:
A Bill to be entitled an Act to consolidate the offices of Tax Receiver and Tax Collector of Haralson County into the office of Tax Com missioner of Haralson County; and for other purposes.
HR 482-1165a. By Messrs. Wilson, McKenna and Carlisle of Bibb:
A Resolution proposing an amendment to the Constitution so as to authorize the Mayor and Council to enact and administer ordinances, rules and regulations establishing standards and procedure for deter mining whether any building or structure in said City is unsafe or unfit for human habitation; and for other purposes.
HB 1166. By Messrs. Carlisle, McKenna and Wilson 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 1167. By Mr. Gross of Stephens:
A Bill to be entitled an Act to amend an Act creating a Board of Commissioners of Roads and Revenues in the County of Stephens; and for other purposes.
HR 483-1167a. By Messrs. Hall and Scoggin of Floyd:
A Resolution to compensate Charles Barnett; and for other purposes.
HB 1168. By Mr. Newton of Colquitt:
A Bill to be entitled an Act to provide for the distribution of the $250,000.00 bonus for the first oil well in Georgia; and for other purposes.
HB 1169. By Mr. Mull of Fannin:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Blue Ridge, so as to change the maximum ad valorem tax rate which may be levied; and for other purposes.
1010
JOURNAL OF THE HOUSE,
HB 1170. By Mr. Mull of Pannin:
A Bill to be entitled an Act to amend an Act creating the office of Commissioner of Roads and Revenues of Fannin County; and for other purposes.
HB 1171. By Mr. Mull of Fannin:
A Bill to be entitled an Act to amend an Act relating to the limitation of ad valorem taxation by municipal corporations, so as to provide that the City of Blue Ridge shall not be affected by certain provisions; and for other purposes.
HB 1172. By Mr. Mull of Fannin:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Blue Ridge, so as to change the maximum ad valorem tax rate which may be levied by the mayor and councilmen of said city; and for other purposes.
HB 1173. 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.
HB 1174. By Messrs. Jones of Lumpkin and Truelove of White:
A Bill to be entitled an Act to amend an Act relating to the State Game and Fish Commission, so as to authorize fishing without a license in streams within the county of residence with worms or cut or dead bait; and for other purposes.
HB 1175. By Mr. Matthews of Clarke:
A Bill to be entitled an Act to amend an Act creating the State Board of Pardons and Paroles, so as to provide that information shall be obtained by the Board as to whether every person, who may become subject to any relief which may be within the power of the Board to grant, was represented by an appointed or an employed attorney at the trial where such person was convicted; and for other purposes.
HB 1176. By Mr. Love of Catoosa:
A Bill to be entitled an Act to amend an Act creating the office of Commissioner of Roads and Revenues for the County of Catoosa; and for other purposes.
SR 130. By Senator Dunn of the 8th:
A Resolution authorizing and directing that action be taken to cause the removal of building restrictions from deeds by the Fed. Govt. to certain property adjacent to the Jim Woodruff Reservoir; and for other purposes.
TUESDAY, FEBRUARY 18, 1958
1011
SR 138. By Senators Ellard of the 31st, Cox of the 50th and Langdale of the 6th:
A Resolution to continue a committee to study ways and means of promoting the location of industries in Georgia.
SB 288. By Senator Crawford of the 1st:
A Bill to be entitled an Act to provide for the compensation of the Ordinary of Chatham County; and for other purposes.
SB 236. By Senator Peters of the 36th:
A Bill to be entitled an Act to require universities, colleges, business, normal and professional schools to obtain a certificate of approval from the State Board of Education; and for other purposes.
SB 237. By Senator Peters of the 36th:
A Bill to be entitled an Act to amend an Act creating the Minimum Foundation Program of Education in Georgia; and for other purposes.
SB 289. By Senator Crawford of the 1st:
A Bill to be entitled an Act to amend the Act incorporating the Town of Thunderbolt, to provide for a recorder's court; and for other purposes.
SB 294. By Senators Kelley of the 10th and Bentley of the 39th:
A Bill to be entitled an Act providing for coverage of certain officers of political subdivisions under the Old Age and Survivors Insurance provisions of the Fed. Social Security Act so as to provide coverage of Judges of the Court of Appeals under said Act; and for other purposes.
SB 295. By Senator Paris of the 27th:
A Bill to be entitled an Act to amend the Act providing a new charter for the City of Winder, so as to enlarge the corporate limits; and for other purposes.
SB 202. By Senators Kelley of the 10th, Crawford of the 1st and Hawes of the 30th:
A Bill to be entitled an Act to further define the powers of the Georgia Ports Authority so as to authorize the Authority to sell, lease or otherwise dispose of surplus property, real or personal; and for other purposes.
SB 283. By Senator Trotter of the 37th:
A Bill to be entitled an Act to carry into effect the Constitutional provisions relative to Troup County Georgia by abolishing all justice courts therein and establishing a civil court in and for said county; and for other purposes.
1012
JOURNAL OF THE HOUSE,
SB 308. By Senator Sanders of the 18th:
A Bill to be entitled an Act to provide that employees of the Ordinary of certain counties, with the exception of the Clerk of the Courts of Ordinary, shall be deputy Clerks of the Court of Ordinary and authorized to perform duties of such deputies; and for other purposes.
SB 309. By Senator Mashburn of the 33rd:
A Bill to be entitled an Act to amend the Act creating a Board of Commissioners of Roads and Revenues for Forsyth County; and for other purposes.
SB 310. By Senator Mashburn of the 33rd:
A Bill to be entitled an Act to change the compensation of the Sheriff and Clerk of the Superior Court of Forsyth County from the fee system to the salary system; and for other purposes.
SB 311. By Senator Mashburn of the 33rd:
A Bill to be entitled an Act to abolish the office of tax receiver and tax collector of Forsyth County; and for other purposes.
SR 140. By Senator Hawes of the 30th:
A Resolution proposing an amendment to the Constitution so as to provide for the election of members of the Board of Education by districts; and for other purposes.
SB 290. By Senator McGarity of the 35th:
A Bill to be entitled an Act to amend the Act relating to game and fish laws so as to authorize the Director of the Game and Fish Com mission to revoke licenses; and for other purposes.
SB 291. By Senator McGarity of the 35th:
A Bill to be entitled an Act to amend the Act relating to the game and fish laws so as to provide for the reissuance of lost licenses; and for other purposes.
SB 292. By Senator Bentley of the 39th:
A Bill to be entitled an Act to amend Code Section 113-1206, as amended pertaining to a non-resident as an executor of a deceased citizen of Georgia, so as to provide that such a non-resident may qualify as an executor if he has any interest in the estate of the deceased; and for other purposes.
SB 301. By Senator Roper of the 41st:
A Bill to be entitled an Act to amend an Act approved Feb. 25, 1949 creating a new charter for the Town of Nelson; and for other pur poses.
TUESDAY, FEBRUARY 18, 1958
1013
SB 302. By Senator Crawford of the 1st:
A Bill to be entitled an Act to prescribe and establish compensation and/or salary for the Chief Judge of the Municipal Court of Savannah; and for other purposes.
SB 303. By Senator Brown of the 52nd:
A Bill to be entitled an Act creating a joint City-County Board of Tax Assessors in certain counties; and for other purposes.
SB 304. By Senator Williams of the 51st:
A Bill to be entitled an Act to amend the Act incorporating Warner Robins, Ga. so as to change the term of office of the Mayor and Council; and for other purposes.
SB 305. By Senator Brown of the 52nd:
A Bill to be entitled an Act to amend an Act to establish the Criminal Court of Atlanta; and for other purposes.
SB 306. By Senator Jackson of the 21st:
A Bill to be entitled an Act to amend an Act creating a Board of Commissioners of Roads and Revenues for Jones County; and for other purposes.
By unanimous consent, the following Bills and Resolutions of the House and Senate, favorably reported, were read the second time:
HR 437. By Messrs. Broome of Bacon, Twitty of Mitchell, Hawkins of Screven and Budd of Lowndes:
A Resolution creating a committee to make a study of taxes, fees and related matters applicable to motor vehicles; and for other purposes.
HR 481-1159a. By Mr. Morris of Tift:
A Resolution to clarify certain designation of routes on the Jefferson David Highway; and for other purposes.
HR 494. By Mr. Hawkins of Screven:
A Resolution approving the report of the Special Committee of the House and Senate appointed to examine the property proposal to be acquired by the Georgia Ports Authority; and for other purposes.
HR 496. By Mr. Cocke of Terrell:
A Resolution relative to the Natural Resources of the House of Repre sentatives; and for other purposes.
SB 202. By Senators Kelley of the 10th, Crawford of the 1st and Hawes of the 30th: A Bill to be entitled an Act to further define the powers of the Geor gia Ports Authority; and for other purposes.
1014
JOURNAL OF THE HOUSE,
SB 291. By Senator McGari* y of the 35th:
A Bill to be entitled an Act to amend an Act relating to the Game and Fish Laws; and for other purposes.
SB 292. By Senator Bentley of the 39th:
A Bill to be entitled an Act to amend Code Section 113-1206, pertaining to a non-resident as an executor of a deceased citizen of Georgia; and for other purposes.
SR 130. By Senator Dunn of the 8th:
A Resolution authorizing and directing that action be taken to cause the removal of building restrictions from deeds by the Federal Govern ment to certain property adjacent to the Jim Woodruff Reservoir; and for other purposes.
HB 1168. By Mr. Newton of Colquitt:
A Bill to be entitled an Act to provide for the distribution of the $250,000.00 bonus for the first oil well in Georgia; and for other pur poses.
By unanimous consent, the following Bills and Resolutions of the House and Senate were taken up for consideration and read the third time:
HB 1136. By Messrs. McClelland, Brooks and Smith of Fulton:
A Bill to be entitled an Act to amend an Act creating 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 120, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1132. By Mr. Broome of Bacon:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Alma; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 120, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1145. By Messrs. McClelland, Smith and Brooks 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.
TUESDAY, FEBRUARY 18, 1958
1015
The report 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 1133. By Messrs. McClelland, Smith and Brooks 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 120, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1146. By Messrs. Smith, Brooks and McClelland of Fulton:
A Bill to be entitled an Act to amend an Act providing retirement benefits and pensions for employees of Fulton County; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 120, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1138. By Messrs. Matthews and Stephens of Clarke: A Bill to be entitled an Act to amend an Act establishing a City Court in the County of Clarke; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 120, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1144. By Mr. Rowland of Johnson:
A Bill to be entitled an Act to amend an Act, consolidating, amending and superseding 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 Bilil, was agreed to.
On the passage of the Bill, the ayes were 120, nays 0.
1016
JOURNAL OF THE HOUSE,
The Bill, having received the requisite constitutional majority, was passed.
HB 1142. By Messrs. Duncan and Craven of Carroll:
A Bill to be entitled an Act to amend an Act to establish a charter for the city of Bowdon; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 120, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1137. By Messrs. Brooks, McClelland and Smith of Fulton, and Mackay and Rutland of DeKalb:
A Bill to be entitled an Act to amend an Act to authorize the govern ing authority of the several municipalities of this State to enact zoning and planning ordinances and regulations; 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 120, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1130. By Mr. Ramsey of Effingham:
A Bill to be entitled an Act to incorporate the City of Pineora; and for other purposes.
The report 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 1139. By Messrs. Lanier of Candler, Smith of Emanuel and Yandle of Toombs: A Bill to be entitled an Act to amend an Act abolishing the fee system as applied to the office of Solicitor General in the Superior Courts of the Middle Judicial Circuit; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 120, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
TUESDAY, FEBRUARY 18, 1958
1017
HB 1140. By Mr. Sheffield of Brooks:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Quitman; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 120, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1143. By Messrs. McClelland, Brooks and Smith of Fulton:
A Bill to be entitled an Act to amend an Act to create a Civil Service Board in Fulton County; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 120, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HR 476-1142a. By Messrs. McClelland, Brooks and Smith of Fulton:
A Resolution providing for a Commission to study and investigate pen sion and retirement laws affecting teachers in Atlanta Public School System and Fulton County Public School System; and for other pur poses.
The report of the committee which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 120, nays 0.
The Bill, having received the requisite constitutional majority, was adopted.
HB 615. By Messrs. Smith, Brooks and McClelland of Fulton:
A Bill to be entitled an Act to amend an Act to create and establish for counties having a certain population, a county planning commis sion and board of zoning appeals; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 125, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
1018
JOURNAL OP THE HOUSE,
HR 466-1120b. By Messrs. McClelland and Brooks of Pulton:
A RESOLUTION
Proposing to the qualified voters of Georgia an amendment to Article VI, Section XIII of the Constitution of Georgia of 1945, relat ing to the qualifications of Justices, Judges, etc., by adding thereto an additional paragraph to be known as Paragraph III, relating to Judges Emeritus of the Atlanta Judicial Circuit.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OP THE STATE OP GEORGIA, AS FOLLOWS:
SECTION 1
Article VI, Section XIII, of the Constitution of 1945, relating to the qualifications of Justices, Judges, etc., be amended by adding there to a third paragraph to be known as Paragraph III, which shall read as follows:
Paragraph III. Notwithstanding the last sentence of Paragraph II of this section of the Constitution no act of the General Assembly shall be required to make effective the provisions hereinafter made in this Paragraph. All Judges Emeritus of the Superior Courts, who, prior to becoming such, were Judges of the Superior Court of the Atlanta Judicial Circuit, are hereby authorized and empowered to preside in the Superior Court of such circuit and to discharge all of the duties of Judge of the Superior Court of said circuit without request and at such times as each such Judge Emeritus may deem that his services may be of assistance in the operations of the Court. Each such Judge Emeritus shall be provided offices in the Courthouse and shall be entitled to the same secretarial assistance and all other rights, powers, benefits, perquisites, supplements and prerogatives as are provided by Fulton County for Judges of the Superior Court of said circuit. All laws of the State of Georgia relating to Superior Court Judges Emeritus, where not contrary to the provisions hereof, shall be applicable to the Judges Emeritus referred to herein.
SECTION 2
When this resolution shall have been agreed to by two-thirds of the members elected to both houses 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 amend ment to Article VI, Section XIII, of the Constitution of Georgia of 1945, relating to judicial service by Judges Emeritus of the Superior Courts 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 XIII, of the Constitution of 1945, relating to judicial serv ice by Judges Emeritus of the Superior Courts Atlanta Judicial Circuit."
SECTION 3
This amendment shall be published before said general election as
TUESDAY, FEBRUARY 18, 1958
1019
now provided by law. If at said general election a majority of the qualified voters voting thereon as provided in the Constitution of Geor gia 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.
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 Bagby Ballard Barber Barrett Baughman Birdsong Black Blalock of Coweta Bodenhamer Brackin Broome Burkhalter Cagle Caldwell Callier A. Campbell of
Walker W. Campbell of
Walker Carlisle Carr Carswell Carter Chastain Cheek Cloud Coalson Cocke Cowart Craven Crummey Dorminy Duncan Echols Elder Ellis Fellows Flynt Fordham
Fowler of Douglas Fuqua Gowen Green of Rabun Griffith Grimsley Gross of Stephens Hall of Floyd Hall of Lee Hardaway Harper Harrison Helms Henderson Hill Hodges of Ware Hodges of Butts Hogan Holcomobe Holley Hurst Ingle Irvin Jessup Johnson Jones of Wayne Jones of Lumpkin Jones of Laurens Jones of Sumter Jones of Crawford Kelley Kennedy Key Kidd Killian Kimmons Lam Lancaster Lanier Lindsey Lokey
Long Lott Mackay Mann Martin Matthews Miles Miller of Elbert Mobley Moorman Morris Moss Murphy Murr Musgrove McGibony McKenna McWhorter Neese Newton Nichols Odom Orr Overby Palmer Parker of Ware Parker of Appling Payton Pelham Perkins Perry Peters Phillips of Columbia Phillips of Walton Pickard Pickett Ramsey Raulerson Ray Reed Roberts
1020
JOURNAL OP THE HOUSE,
Rogers of Heard Ross Rutland Scoggin Sheffield Sivell
Smith of Forsyth Smith of Emanuel
Smith of Lamar Smith of Fulton Smith of Whitfield Smith of Bryan
Souter Stephens Story Summers Tabb Tamplin
Tarpley Todd
Truelove Twitty Underwood Walker of Telfair
Watson Weems Wells White Willingham Willis
Wilson Winkle
Wooten Wright of Floyd Wright of Dodge Yandle
On the adoption of the Resolution, he ayes were 157, nays 0.
The Resolution, having received the requisite two-thirds constitutional majority, was adopted.
SR 123. By Senator Pelham of the 7th:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the governing authority of Grady County for regulatory and revenue purposes to levy, assess and collect license fees and occupational taxes from certain persons, firms and corporations who maintain a place of business, or who engage in any business in any area of Grady County outside the corporate limits of municipalities; to provide for the sub mission of this amendment for rejection or ratification; 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 is amended by adding thereto the following new paragraph:
"The governing authority of Grady County shall have the right and power for regulatory and revenue purposes to levy, assess and collect license fees and occupational taxes from any person, firm or corporation, except those subject to regulation by the Georgia Public Service Commission who maintain a place of business or who may in any manner engage in any type of business, including operation of taxi cabs, or who shall post signs or billboards in any area of Grady County outside the corporate limits of municipalities; and in levying and collecting such license fee and occupational taxes, the governing authority 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 Grady County. The governing authority shall have the right to regulate and exercise police powers over any businesses operated within the incorporated area of said county (except those subject to regulation by the Georgia 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 the payment of license fees and occupational taxes by the issuance
TUESDAY, FEBRUARY 18, 1958
1021
and levy of executions, and to provide that a violation of any such regulations adopted by the governing authority shall con stitute a misdemeanor, punishable upon conviction as prescribed by the general laws of the State of Georgia. No further enabling legislation by the General Assembly shall be necessary for the exercise of the powers herein granted, but the General Assembly 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 the governing authority of Grady County."
Section 2. When the above proposed amendment to the Consti tution 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, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"For ratification of amendment to the Constitution so as to authorize the governing authority of Grady County for regulatory and revenue purposes to levy, assess and collect license fees and occupational taxes.
"Against ratification of amendment to the Constitution so as to authorize the governing authority of Grady County for regu latory and revenue purposes to levy, assess and collect license fees and occupational taxes."
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 call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Alien Bagby Ballard Barber
Barrett Baughman Birdsong Black Blalock of Coweta
Bodenhamer Brackin Broorne Burkhalter Cagle
1022
JOURNAL OP THE HOUSE,
Caldwell Callier A. Campbell of
Walker W. Campbell of
Walker Carlisle Carr Carswell Carter Chastain Cheek Cloud Coalson Cocke Co wart Craven Crummey Dorminy Duncan Echols Elder Ellis Fellows Flynt Fordham Fowler of Douglas Fuqua Gowen Green of Rabun Griffith Grimsley Gross of Stephens Hall of Floyd Hall of Lee
Hardaway
Harper
Harrison
Helms
Henderson
Hill
Hodges of Ware
Hodges of Butts
Hogan
Holcombe
Holley
Hurst
Ingle
Irvin Jessup Johnson Jones of Wayne Jones of Lumpkin Jones of Laurens Jones of Sumter Jones of Crawford Kelley Kennedy Key Kidd Killian Kimmons Lam Lancaster Lanier Lindsey Lokey Long Lott Mackay Mann Martin Matthews Miles Miller of Elbert Mobley Moorman Morris Moss Murphy Murr Musgrove McGibony
McKenna
McWhorter
Neese
Newton
Nichols
Odom
Orr
Overby
Palmer
Parker of Ware
Parker of Appling
Payton
Pelham
Perkins Perry Peters Phillips of Columbia Phillips of Walton Pickard Pickett Ramsey Raulerson Ray Reed Roberts Rogers of Heard Ross Rutland Scoggin Sheffield Sivell Smith of Forsyth Smith of Emanuel Smith of Lamar Smith of Fulton Smith of Whitfield Smith of Bryan Souter Stephens Story Summers Tabb Tamplin Tarpley Todd Truelove Twitty Underwood
Walker of Telfair
Watson
Weems
Wells
White
Willingham
Willis
Wilson
Winkle
Wooten
Wright of Floyd
Wright of Dodge
Yandle
On the adoption of the Resolution, the ayes were 157, nays 0.
The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.
TUESDAY, FEBRUARY 18, 1958
1023
HR 434-1071a. By Mr. Sheffield of Brooks:
A Resolution compensating Mr. Rosyer Joyner, Mrs. Willa Mae McCranie Joyner, and Mrs. Edith Sue Townsend; and for other purposes.
The following Committee amendment was read and adopted:
The Committee on Appropriations moves to amend HR 434 by strik ing on page two, line one and line two the figures $125.00, $168.00, and $329.00 and inserting in lieu thereof the following figures: $100.00, $72.00, and $201.20.
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 125, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, as amended.
HR 9-7b. By Messrs. Kidd of Griffith of Baldwin: A Resolution compensating Thulia Lindsley; and for other purposes.
The following Committee amendment was read and adopted:
The Committee on Appropriations moves to amend HR 9 by strik ing the figure "$5,000.00" and inserting in lieu thereof the figure "$3,000.00".
The report of the Committee, which was favorable to the adoption of the Resolution, as amended, was agreed to.
On the adoption of the Resolution, as amended, the ayes were 125, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, as amended.
HR 450-1109i. By Mr. Lanier of Candler: A Resolution compensating Brooks A. Bird; and for other purposes.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 125, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
HR 449-1109h. By Mr. Lanier of Candler:
A Resolution compensating John Arthur Holloway, Sr., and for other purposes.
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JOURNAL OF THE HOUSE,
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 125, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
HR 477-1142b. By Mr. Willingham of Cobb:
A Resolution compensating Mrs. Susan S. Hale and Mr. W. M. Hale, and for other purposes.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 125, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
HR 316-772g. By Messrs. Kidd and Griffith of Baldwin: A Resolution compensating E. C. Prather; and for other purposes.
The following Committee amendment was read and adopted:
The Committee on Appropriations moves to amend HR 316 by striking the words and figures "Fifteen Hundred Sixty-five and No/100 ($1,565.00) Dollars" and inserting in lieu thereof the figures $750.00.
The report of the Committee, which was favorable to the adoption of the Resolution, as amended, was agreed to.
On the adoption of the Resolution, as amended, the ayes were 125, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, as amended.
SB 260. By Senator Pound of the 20th:
A Bill to be entitled an Act to amend an Act incorporating certain churches and camp grounds; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 120, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
By unanimous consent, the following Bills and Resolutions of the Senate were read the first time and referred to the committees:
TUESDAY, FEBRUARY 18, 1958
1025
SB 267. By Senator Trotter of the 37th:
A Bill to be entitled an Act to amend an Act relating to the venue of suits against insurance companies; and for other purposes.
Referred to the Committee on Insurance.
SB 268. By Senator Oxford of the llth:
A Bill to be entitled an Act relating to regulation of Registered Professional Engineers and Land Surveyors; and for other purposes.
Referred to the Committee on State of Republic.
SB 272. By Senator Cook of the 42nd:
A Bill to be entitled an Act to amend the Act regulating the abolition of exceptions pendente lite, so as to define what judge should certify bills of exceptions; and for other purposes.
Referred to the Committee on Judiciary.
SB 293. By Senator Hawes of the 30th:
A Bill to be entitled an Act to amend an Act authorizing the State Board of Health to make rules for the protection of the health of in mates of hospitals; and for other purposes.
Referred to the Committee on Welfare.
SB 297. By Senators Hill of the 54th, Foster of the 26th, Butts of the 12th and others:
A Bill to be entitled an Act to amend an Act revising the laws relating to the State Board of Corrections; and for other purposes.
Referred to the Committee on State Institutions and Property.
SB 282. By Senator Trotter of the 37th:
A Bill to provide for the recording of leases or usufructs of lands or of any interest in land and assignments thereof; and for other purposes.
Referred to the Committee on Judiciary.
SB 275. By Senator Edenfield of the 2nd:
A Bill to be entitled an Act to amend the Act relating to the State Game and Fish Commission so as to prohibit dredging of oysters from waters of a depth of less than 8 feet at mean low tide; and for other purposes.
Referred to the Committee on Natural Resources.
SB 273. By Senator Cook of the 42nd: A Bill to be entitled an Act to amend an Act relating to serve by
1026
JOURNAL OF THE HOUSE,
publication, in divorce actions so as to change the period of time for publication of notice; and for other purposes.
Referred to the Committee on Judiciary.
SB 300. By Senator Trotter of the 37th:
A Bill to be entitled an Act to create the Georgia Board of Landscape Architects; and for other purposes.
Referred to the Committee on State of Republic.
SB 312. By Senator Brown of the 52nd:
A Bill to be entitled an Act to establish uniform procedure for use of voting machines in certain cities and counties; and for other purposes.
Referred to the Committee on State of Republic.
SB 313. By Senator Paris of the 27th:
A Bill to be entitled an Act to amend the Act providing the charter for the City of Winder, so as to provide for a city manager; and for other purposes.
Referred to the Committee on Local Affairs.
The following Resolution of the House was read and adopted:
HR 499. By Messrs. Miller of Elbert and Jessup of Bleckley:
A RESOLUTION
WHEREAS, our friend the HONORABLE JOE BOONE, the efficient Clerk of this House, is ill with a severe cold and unable to be with us today to the regret of each members of this House:
THEREFORE BE IT RESOLVED by the House of Representa tives that our regrets and best wishes for an early recovery be sent forthwith by special messenger to the HONORABLE JOE BOONE as a testimonial of the high esteem in which he is held by each mem ber of the House.
Under the provisions of HR 386, the Speaker appointed as an Escort Com mittee on the part of the House the following members:
Messrs. Gowen of Glynn, Veal of Putnam and Nilan of Muscogee.
The following report of the committee on Rules was read and adopted:
February 18, 1958
Mr. Speaker:
Your Committee on Rules met and fixed a calendar for today, Tuesday, February 18, 1958 and submits the following:
HB 1135.
Georgia Seed Law
HR 447-1109f. Boll weevils, eradicate
TUESDAY, FEBRUARY 18, 1958
1027
HR 477-1142b. HR 164-519a. HR 165-519b. HR 159-505a. HE 1011. HB 877. HB 1004. HB 689. HB 691. HB 1141. HR 495. HR 467. HB 876. HR 423. HB 1056. HR 433-1070h. HB 173. HR 254-662d. HR 263-662m. HR 427-1070b. HB 1102. HB 991. HB 349. HB 280. HB 907. HB 1006. HB 771. HR 255-662e. HB 888. HB 984. HR 492. HB 1057.
HB 687. HB 823.
Compensate Hale School lunch tax School lunch tax Relieve Jones, Surety Librarian, deliver documents Divorce, residence Support, minor children Gasoline Sales Petroleum products, misbranding Taxes; municipalities Port Facilities, Camden Co. Legislative Rules Stolen Goods, receivingSurvey, Industrial Potentials Voters Registration Electors, qualifications Waste Plant, Milledgeville St. Hosp. County School Superintendents; election State Merit System; explain to employees Terms, members General Assembly Drugs to minors Garnishment, partnership Deceased employee, wages paid widow Watchmakers Voting machines School attendance Georgia Food Act County Boards of Education Fire Insurance, maximum amount Insurance Companies, venue of suits General Assembly, expense allowance for members Department Public Safety; appropriations Department of Public Safety Food Sanitation; standards
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JOURNAL OF THE HOUSE,
HB 822. HE 494. HB 1030. HB 875. HB 903. SB 37. SB 106. HB 825. HB 902. SB 226. HB 790. HR 326-785a. HB 727.
County Supt. of Schools; qualifications Ports Authority Unclaimed Funds; superior court Court Reporters, Judicial Circuits; comp. Grade Crossings Laws of descent, person entitled to property Solicitor-General, O.A.S.I. Wife's separate estate (unfav. rpt.) Abandoned wells, holes Duties, ordinaries and clerks Employees Retirement System Monument, Captain Wirtz Fishing on Sunday
When this Calendar has been exhausted, the Speaker may in his discretion call up any Bill on the General Calendar in any order he deems advisable.
After this Calendar has been exhausted the Speaker may in his discretion call up any Bill on the General Calendar.
Hawkins of Screven, Vice-Chairman McCracken of Jefferson, Secretary
Under the order of business established by the Committee on Rules, the following Bills and Resolutions of the House were taken up for consideration and read the third time:
HR 467. By Messrs. Gowen of Glynn and Twitty of Mitchell:
A Resolution relating to the interpretation of Code Section 38-711; 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 Bagby Ballard
Barber Barrett Baughman
Birdsong Black Bodenhamer
TUESDAY, FEBRUARY 18, 1958
1029
Brackin Bradley Brooks of Oglethorpe
Broome Burkhalter
Busbee Cagle Callier A. Campbell of
Walker W. Campbell of
Walker Carlisle
Carr Carswell Carter Chastain Cheatham Coalson Dorminy Elder Ellis Eyler Floyd Flynt Fowler of Douglas Fowler of Treutlen
Frazier
Gowen Greene of Bartow
Griffith Grimsley Gross of Stephens
Gross of Dade Gunter Hall of Floyd Hall of Lee Hardaway Harper
Harrison Hawkins Henderson Hodges of Ware Hodges of Butts Hogan Holcombe Holloway Ingle Johnson Jones of Lumpkin Jones of Crawford Kelley Key Kidd Killian Lancaster Land Lanier Larkins Lokey Long Lott Love Martin Matthews Miller of Elbert Mobley Morris Moss Murphy Musgrove McGibony McKenna McKhorter Newton Niehols Orr Overby
Palmer Payton Pelham Perkins Peters Phillips of Columbia Phillips of Walton Pickard Pickett Ray
Rodgers of Charlton Rowland Rutland Scoggin
Short Smith of Forsyth Smith of Emanuel Smith of Bryan Souter Stephens Story Summers Tamplin Tarpley Taylor Todd Twitty Walker of Lowndes Walker of Telfair Watson Weems Wells White Willingham Willis Wright of Floyd Wright of Dodge Yandle
On the adoption of the Resolution, the ayes were 122, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
The Resolution was ordered immediately transmitted to the Senate.
HB 790. By Messrs. Rowland of Johnson, Summers of Crisp, Carr of Dooly and Lancaster of Jones:
A Bill to be entitled an Act to amend an Act establishing the State Employees' Retirement System; and for other purposes.
The following committee substitute was read: Substitute to HB 790.
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JOURNAL OF THE HOUSE,
A BILL
To be entitled an Act to amend an Act establishing the State Em ployees' Retirement System, approved February 3, 1949 (Ga. Laws 1949. p. 138) as amended, so as to authorize tax commissioners, tax collectors, tax receivers and employees in the offices thereof to become members of the Employees' Retirement System of Georgia; to de clare that such offices are adjuncts of the State Revenue Department; to provide for the establishment of merit systems; to provide for the payment of funds into the Retirement System; to provide for service credit; 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
An Act establishing the State Employees' Retirement System ap proved February 3, 1949 (Ga. Laws, 1949, p. 138) is hereby amended by adding at the end thereof the following:
"The offices of the tax commissioners, tax collectors, and tax receivers of the Counties of this State are hereby declared to be adjuncts of the State Revenue Department, such offices assisting in the returning and collecting- of State taxes. All tax commissioners, tax collectors, and tax receivers and employees in the offices thereof shall be subject to a merit system of employment, as promulgated by each such office, under which all such officials and employees shall perform services on the basis of merit, fitness and efficiency. (1) All indi viduals that were such officials and employees on the effective date of this Act are hereby authorized to become and be members of Division "A" of the Employees' Retirement system of Georgia, as estab lished by and in accordance with the provisions of the Act approved February 3, 1949 (Ga. Laws, 1949, p. 138) as amended. (2) Any indi vidual become such official or employee after the effective date of this Act shall become a member of Division "A" of the system without prior service credits as a condition of his employment. Each of said officials in charge of such office, in the event such official is responsi ble for the payment of the employees therein, or the governing authority of the county, in the event the official and the employees are paid by such authority, shall deduct or collect from each member, the em ployees' contributions required by the provisions of the Retirement Act and shall remit the same to the Retirement System as by regula tions required, and the State Revenue Commissioner is hereby author ized and directed to pay from the funds appropriated for the opera tion of the State Revenue Department, the employer contributions required by the Retirement Act and such employer contributions shall be paid by the State Revenue Commissioner upon receipt of an invoice from the Employees' Retirement System. (3) In addition to the regular established employer contributions required by the Retirement System Act, the State Revenue Commissioner is hereby authorized and directed to pay from the funds appropriated for the operation of the State Revenue Department an additional contribution as determined by the Board of Trustees of the Employees' Retirement System in a regular monthly amount sufficient to authorize the prior service values of such members within a period of not more than 20 years. (4) All tax commissioners, tax collectors, tax receivers, and employees in such
TUESDAY, FEBRUARY 18, 1958
1031
offices who were in service on the effective date of this Act, shall be entitled to all prior service credits authorized under the terms of the Employees' Retirement System Act, as amended, in the same manner as if they had been a member of the Retirement System on such date. Prior service credits to an individual as an official or an employee as referred to herein shall only be creditable to those individuals who become members of the System under the provisions of this amendment at the time of the original coverage for such group. (5) A merit system of employment as provided herein must be established in the office of a Tax Commissioner, Tax Collector or Tax Receiver on or before August 1, 1958 or else no coverage shall ever be extended to any such office. All offices establishing such a system shall be cov ered at the same time which date shall be determined by the pro visions of the Employees' Retirement System Act. No coverage shall ever be extended to any official or employee designated herein who, on the effective date of this Act or hereafter, is eligible for coverage or is in a position covered under the provisions of any other retire ment, benefit or similar system excluding social security coverage.
SECTION 2
All laws and parts of laws in conflict with this Act are hereby repealed.
The following amendments to the substitute were read and adopted:
Mr. Carlisle of Bibb moves to amend the substitute Bill to pro vide that the effective date of this Act shall be August 1, 1958.
Mr. McKenna of Bibb moves to amend HB 790 (sub) by striking therefrom in Section 1 thereof the following: "is eligible for coverage or is in a position covered" and substituting in lieu thereof the fol lowing: "is".
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, by substitute, was agreed to, as amended.
On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Bagby Ballard Barrett Birdsong Black Blalock of Clayton Boggs Bolton
Brooks of Oglethorpe Burkhalter Busbee Cagle Caldwell Callier A. Campbell of
Walker
W. Campbell of Walker
Carlisle Carr Carter Chastain Cheatham Cheek
1032
JOURNAL OF THE HOUSE,
Cloud Coalson Cocke Craven Crummey Denmark Echols Elder Ellis Eyler Fellows Floyd Flynt Fowler of Douglas Fowler of Treutlen Frazier Gowen Griffith Grimsley Gross of Stephens Gross of Dade Hall of Lee Harper Harrison Hawkins Hodges of Ware Hodges of Butts Hogan Holley Holloway Hurst Ingle Jessup
Johnson Jones of Crawford Kelley Kennedy Key Kidd Killian Lam Lancaster Land Lanier Larkins Lee Lokey Long Martin Matthews Miller of Elbert Mobley Moorman Murphy Musgrove McClelland McCracken McGibony McKenna Neese Newton Nichols Orr Overby Palmer Payton
Perkins Perry Phillips of Columbia Pickard Pickett Raulerson Ray Roberts Rodgers of Charlton Rowland Russell Smith of Forsyth Smith of Emanuel Souter Stephens Summers Tabb Tamplin Tarpley Taylor Todd Twitty Underwood Watson Weems Wells White Willis Wright of Floyd Wright of Dodge Yandle
On the passage of the Bill, by substitute, as amended, the ayes were 119, naysi 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.
Pursuant to Joint Resolution adopted by the House and Senate, the Senate appeared upon the floor of the House and the Joint Session convened for the purpose of hearing a message from Honorable Louis C. Wyman, Attorney Gen eral for the State of New Hampshire, was called to order by the President of the Senate.
Accompanied by Attorney General Eugene Cook, the Committee of Escort and other distinguished guests, Honorable Louis C. Wyman appeared upon the floor of the House.
The Lieutenant-Governor presented Attorney General for the State of Georgia, Honorable Eugene Cook, who in turn introduced to the members of the General Assembly, Honorable Louis C. Wyman, Attorney General for the State of New Hampshire, who addressed the members as follows:
TUESDAY, FEBRUARY 18, 1958
1033
"THE STATES AND THE UNION"
LT. GOVERNOR VANDIVER; MR. PRESIDENT; MR. SPEAKER; MY GOOD FRIEND GENERAL COOK; MEMBERS OF THE GEN ERAL ASSEMBLY OF THE GREAT STATE OF GEORGIA:
It is with deep humility that I express my appreciation for the honor and graciousness of your invitation to appear here today.
I approach the task of addressing you this morning with some reservations. Our common ultimate goal of a more perfect Union is a profound subject. The message I bring is one that I hope is shared by an overwhelming majority of the ordinary people of the United States, who are at once citizens of the United States of the State in which they reside.
The Sovereign State of Georgia was the fourth State to ratify the Constitution, on January 2, 1788, one of only two States to do it by unanimous vote. New Hampshire claims the unique distinction of hav ing been the ninth State to ratify, on June 21, 1788, and the State whose signing created the Federal Government, nine States comprising the required number. Both Georgia and New Hampshire were among the original thirteen colonies, a term itself a misnomer because under the Articles of Confederation independent sovereign governments ex isted in each original State.
When the original thirteen States in convention assembled created a Federal Government, they were indeed sovereign. That they cher ished these powers is manifest in the Tenth Amendment to the Con stitution, by the terms of which the Sovereign States were very careful to emphasize that except for the powers delegated to the United States in the Constitution, all other powers were reserved to the States and to the people thereof. It is sometimes overlook that Article 1, section 10 of the Constitution specifically prohibits certain powers to the States. These include such obviously federal matters as treaties, coinage, tariffs, and compacts. And often overlooked is the Ninth Amendment, which sepcifies that the enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained by the people. Thus it is clear beyond dispute that the Fed eral Government possesses only those powers delegated to it in the Constitution. All other powers are reserved to the people and to the Sovereign States. It is significant that at the time of ratification, New Hampshire suggested a Bill of Rights and with Massachusetts recommended that a Bill of Rights protect the States from federal encroachment.
At the First Congress of the United States, held in New York City on March 4, 1789, the first ten amendments to the Federal Con stitution were adopted by the required number of States. Preceding the adoption of these amendments was a preamble which has an im portant bearing on their construction. This preamble read:
"The conventions of a number of the states having, at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added, and as extending the ground of public confidence in the government will best insure the beneficient ends of its institution:
"Resolved . . ."
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JOURNAL OF THE HOUSE,
These are difficult days for the States, as well as the Union. How often we have heard it said lately that though the concept of sov ereignty for the forty-eight States might have fitted days of the past, yet in an ever-diminishing world efficiency requires greater and greater concentration of power in a central government. This is the shortrange point of view. The responsibilities of citizenship in large meas ure rest upon State government, as well as upon each of us as indi viduals. As citizens of our State, and citizens of the United States, we acknowledge with all respect the proper sphere of action as well as the gravity of the awesome challenge to any man who occupies the position of President of the United States. With all of the vigor, loyalty and devotion at our command, we support the executive branch of the federal government as it seeks to protect the United States and each of the States from the challenge of the Soviet Union. That it should act in the protection of all of us from such external aggres sion was one of the basic purposes of the Federal Constitution. It was one of the important goals of the States in creating a federal gov ernment.
Yet by constitutional mandate the government of the United States is tri-partite as are the governments of almost all of our separate States. The judicial branch of the government of the United States is as much a part of the government and must share as much of the responsibility for government as either the legislative or the executive. Thus, when within the judicial branch there are repeated interpretations of the Constitution in derogation of the rightful powers of the State extending federal authority into fields wherein the Con stitution is silent and in which Congress itself has not acted, the States are bound to be rightfully concerned.
No matter the precise phrase there is little doubt but what that great instrument through which Americans have devised perhaps the most satisfactory method of community living under a government of law and not of men, is being tortured out of all rational historical proportion by decision after decision of the United States Supreme Court which ascribe less and less meaning and importance to the Tenth Amendment and greater and greater scope to interpretation of the general powers delegated to the Federal Government. These decisions in their cumulative aspect seek by judicial fiat to encourage a philoso phy of government patently contrary to that contemplated by George Washington and the great figures of our early constitutional period. Implicit in the rationale of recent decisions are certain basic assump tions concerning what is best for the American Way of life, in reality judicial legislation which amends the Constitution to a point of usurping what has always heretofore been considered the proper function of the constitutional convention in our pattern of government. Such expositions in equivocation confound and confuse the youth of America, who seek and deserve real understanding of proper constitutional rela tionship between State and individual, and between communism and capitalism.
What are our youngsters to think when they read of Communism and its absolute enmity for this country, hear Kruschev's promise that "We will bury you" and then hear the Supreme Court of the United States tell them a man can constitutionally be a lawyer and a Com munist at the same time in this country? What are they to think of a government that in eight years has not even been able to compel the
TUESDAY, FEBRUARY 18, 1958
1035
Communist Party to register as an agent of an enemy power nor to obtain from the United States Supreme Court a determination of the constitutionality of the Internal Security Act of 1950?
I might say at this point that none of the remarks which I make here today should be construed as criticism of the institution of the Supreme Court in our system of government nor as a personal attack upon any of the individual Justices. It is the duty of a lawyer as an officer of the court to challenge those decisions which he believes to be harmful to the best interests of State or Nation. My criticism is of decisions, not of courts or personalities.
There can be little question but what the consequences of many of these decisions has been to disrupt Federal-State relations and to unnecessarily create friction and discord between the States and the United States Government. Crusading liberal philosophy on the ram page threatens to breach the dykes of States' rights, split the Tenth Amendment in two, and make the Fifth Amendment mean something its words do not say.
We in the States have a mission. It is not a crusade. It is a mis sion of practical and enduring importance. It may not conscionably be deferred to another year or another time. This mission is to stand together with our sister States and take effective action now to pre vent further concentration of power in Washington bureaucracy. Such concentration of power is a central government without the protection of Sovereign State Governments with constitutionally reserved powers as a check and balance, spells ultimately the end of rights of indi viduals, as well as the beginning of a new kind of totalitarianism, which on earlier pages of history has thereafter recorded the decline and fall of other nations that in relation to the world were then even greater than our own is now.
Much of what the United States Supreme Court has decided lately has been claimed to be in the protection of the individual. The Court has swung so far in this direction as to overly protect a motley collection of criminals, Communists, fellow-travellers, at the expense of an equally important obligation to protect some 170 million of lawabiding citizens and their local self-government. The principle of the rightful reserved powers of the States, properly preserved in a Federal-State partnership, has until now and will remain tomorrow the chief adhesive of our Union. This is not to say that there cannot be situations in which a State may by its actions dsny the protection of the Federal Constitution to United States citizens within its borders. There have been instances of this since the commencement of our judicial system. There will be instances in future days. For the de termination of such controversies the Supreme Court is necessary and proper. Yet the delicate balance between the States and the Federal Government, and between individual citizens and both governments, depends for its preservation upon the reasonable application of the law by the executive branch and its reasonable interpretation by the judiciary.
Perhaps the most grievous invasion of States' rights in this decade has been the decision of the Supreme Court in Commonwealth of Pennsylvania v. Steve Nelson. Here a majority of the Court not only invoked the highly suspect doctrine of supersession by implication in holding that Congress intended to preempt State sedition laws, but
1036
JOURNAL OF THE HOUSE,
interpreted the Constitution to permit to the federal government the authority to take away from the States their reserved right to make criminal acts within their borders seeking overthrow of the govern ment of the United States by force and violence.
I have always believed it to be elemental that an act of sedition against the United States Government is an act of sedition against Georgia or New Hampshire, or any other State in the Union.
Subversion designed to overthrow the federal government by force and violence is in itself an immediate threat to the safety and constitutional security of each of the States. Other than in the District of Columbia or upon isolated locations of exclusive federal jurisdic tion, such criminal activity must of necessity take place within the confines and jurisdiction of a State. Decision that the duty of sup pressing such seditious criminal activity within a State is the exclu sive prerogative of the federal government--a prerogative which in cludes the power to decide not to act--is in fact to beggar the creation of a national police force. In country after county such a step has been basic to the achievement of totalitarian power by the human beings who happen to head the government of the moment.
It would be difficult to conceive of a greater shock to the Founding Fathers or the people of the original signatory States, which include our own, than to be told that at the time they drafted the greatest living document creating a republican form of government they had authorized the federal government to take away from the States their reserved police power to make it a crime to attempt to destroy or threaten their sovereignty by destruction of that same federal gov ernment which by that same document was charged with the responsi bility of protecting all of the States against external aggression.
The relationship between possible public disturbances and sub versive advocacy among loyal citizenry is plain. That some States may see fit to be tougher on subversives than others is their own business. The Constitution does not authorize the Federal Government in line, clause or by indirection to take away from the States their funda mental reserved police power to so legislate in their own self-defense.
Since this decision in the field of national security, several other decisions of the Supreme Court have repeatedly disregarded the pub lic record of Communist subversion both in this country and in many other countries around the world. It is notorious that responsible agencies within and without federal and state governments have con firmed that the Communist Party in this country is an arm of the Communist Party in the Soviet Union with the objective of the altera tion of the form of government of the United States to a Communist state by force and violence if necessary. Indeed, Americans require no confirmation of a fact which is no longer even page one news.
It is of the utmost importance that the people of America should keep abreast of Communist activity in this country. Of the greatest relavance to this continuing obligation is the question of previous membership in the Communist Party or previous knowing association with Communists or Communist-dominated organizations for any protacted period of time. While the latest responsible estimates of Com munist Party membership in the United States do not indicate a significant number--perhaps 20,000 persons--and there has been little
TUESDAY, FEBRUARY 18, 1958
1037
formal organization of the Party for many years, and cards have not been carried since 1949--there are substantial numbers of persons who for reasons best known to themselves were members of the Com munist Party in earlier years in varying degrees of fanaticism. In this time, particularly since World War II, when the Communist leadership talks tough, acts tough, charges the United States with fomenting war, and supplies with arms and ammunition individuals and governments hostile to this country, it behooves us to keep a care ful watch of those whose allegiance is thus open to question. This survey must include every person who is or ever has been a member of the Communist Party even though there were periods in our history in which temporary membership is possibly colorless.
In the teeth of all these distressing international developments, a majority of the Supreme Court of the United States has equated Communist activity in this country with lawful politics. It has strongly intimated if not held that at least as far as good moral character is concerned, membership in the Communist Party is appar ently considered a mere matter of "political" association privileged under the First Amendment. It has told the State Bar Association in California that in its view there is no reasonable doubt about the good moral character of an applicant for admission to the bar who refused to tell the bar examiners whether he was at that time a mem ber of the Communist Party. It has told the bar examiners in New Mexico that contrary to their judgment and decision, it is denial of due process for them to refuse membership in the bar to an applicant who had a record of previous membership in the Communist Party and of several previous criminal arrests. It has rebuked Illinois in her internal rules of appellate procedure. It has denied to Nebraska the right to protect her citizens from the absolutism that is compulsory unionism.
It has prevented Michigan from ousting two local officials charged with crime. It has so restricted the period of detention and circum stance attendant upon a confession as to make it infinitely more difficult to maintain effective law enforcement. It has so extended the concept of navigable waters as to invade what has always hereto fore been considered the prerogative of the States in that field.
It has denied to the Legislature of the State of New Hampshire the power to investigate to determine whether the actual content of a compulsory lecture at a state-supported institution included subversive activity.
It has greatly interfered with the internal operations of the Fed eral Bureau of Investigation by requiring the F.B.I, reports from a witness called in a criminal prosecution be made available carte blanche to defense counsel. And this last in a case in which even defense counsel only sought to have the reports screened by the federal judge involved! In light of the fact that the F.B.I, does not have the subpoena power, such a decision makes it most unlikely that informants of crime will be willing to expose alibis or make accusa tions of serious crime against gangsters and racketeers and dangerous criminals, for the simple reason that if Johnny Dio is going to see the reports made to the F.B.I., which include names, places and other information, before Johnny is convicted and confined, the possibility of recrimination one would think too plain to miss.
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JOURNAL OF THE HOUSE,
In all of these ways the Supreme Court has not only deprecated the States' interests in their own survival but has emasculated the Tenth Amendment. In practically none of these decisions was it neces sary to go to the lengths to which the decisions have gone to reach the conclusions apparently desired.
In Pennsylvania v. Steve Nelson, the record was replete with calumny and epithet between Steve Nelson and his trial judge. It was generally conceded among counsel for the prosecution and amici that a new trial was in order in the state court for this reason. But even here the High Court went all the way and suspended the enforceability of the sedition laws of all of the States, laws which had been on the books since before the Smith Act was ever adopted, a law which Representative Howard Smith, Chairman of the House Rules Commit tee, stated on the House floor at the time of adoption of the Smith Act, had nothing to do with State laws. And here also the High Court left wrapped in the bog of dicta the question of whether it had invali dated even State statutes making it criminal to seek the overthrow of the State government itself by force and violence, a power which I am certain no constitutional lawyer of integrity could ascribe to the federal government by any language of the Constitution or its amend ments.
This was done by intelligent jurists who since law school days have known the difference between dicta and decision. The cloud which the language of the Steve Nelson opinion has cast over state prosecutive and investigative functions debilitates the efforts of the States to work in partnership with the federal government in common cause of national and state security. The full consequences of the use of such language must have been known when it was written.
In the concurring opinion in Sweezy v. New Hampshire, two of the concurring justices adopted the view that the use of compulsory process for question and answer purposes in regard to the content of the college lectures was a denial of the freedom of speech protected by the First Amendment and any law permitting such a range of investi gation was in their view unconstitutional. The consequences of this concurrence were it to become the law of the land must leave individual citizens in America frustrated and helpless in the face of reasoning to a conclusion contrary to the literal right of government to selfpreservation.
Freedom does not and cannot mean freedom to destroy freedom in this country. Preservation of academic freedoms and the American Way of Life does not require the judiciary to constitute the campus an insulated cloister wherein the relevant question may not tread in seeking to detect the presence or absence of a virus that would poten tially destroy both academic freedom and the American Way of Life. I have never yet been able to understand how it can be said that cour teously questioning a person about what in fact he said or did either makes him say or do something different or scares the light of original thought out of him.
No matter the choice of words or the rationale of individual mem bers of the majority, it is plain that the elements of partnership in State and Federal government in the investigation of subversive activi ties and in many other fields ranging from North to South and from
TUESDAY, FEBRUARY 18, 1958
1039
East to West, have by judicial decision been sharply limited if not destroyed.
We in New Hampshire, and I am sure you in Georgia, together with American citizens everywhere, are ever-mindful of the imperative need in a free society to preserve inviolate the constitutional rights of free political discussion. All of this is to the end that government may be responsible to the will of the people, and that changes, if desired, may be obtained by peaceful means. We recognize that therein lies the strength of our republic and the very foundation of constitu tional government.
Ever since the enactment of the original Smith Act in 1940, storms of controversy have raged concerning its desirability. Issue has been repeatedly joined on the basic question of whether it is better to let folks say anything they want as on the soap box in England, or to endeavor to prohibit that sequence of human expression which trans lates evil thought into evil action as the trigger fires the hammer which sets off the powder in the cartridge. Evolution of jurisprudence in this field has seen the clear and present danger test modified to include the probability of substantial danger. As it was said in Dennis, we should not have to wait until the putsch takes place.
I happen to believe the Smith Act to be a reasonable and advisable restriction on freedom of speech in part because of the influence upon youth that the clever professional subversive propagandist may have. Yet even here, in Yates v. United States, the High Court less than a year ago eviscerated the Smith Act's prescription of subversive advo cacy by saying that its language did not extend to the prohibition of advocacy or teaching the overthrow or alteration of the government of the United States or of any State by force and violence so long as such advocacy or teaching did not incite to the commission of an overt act in that direction. Such a subjective test, applied to advocacy of force and violence to effect the overthrow of this country, renders infinitely more difficult the task of State and Federal law enforce ment and has resulted in the freeing of numerous known subversives and has caused many to feel that the Court is now requiring some thing very close to the putsch before it will consider a statute relative to speech to be valid under the First Amendment. This is dangerous doctrine for America.
A determined few on the Supreme Court of the United States have by these decisions mortgaged if not destroyed the reasonable attempts of hardworking, loyal Americans such as J. Edgar Hoover and the Federal Bureau of Investigation, Francis Walter and the Con gressional Committees, and State legislative fact-finding committees whose methods in the great majority of cases have in no manner been unfair or overreaching to keep check on the extent of Communist penetration and subversion in America. While Congress through legis lation can undo this harm to a large extent, the legislative process in such controversial fields is a long and difficult road.
When we stop to realize that not only has the High Court emascu lated our statutory law in the security field, but has also sanctioned protection of the dark corners of individual association with persons disloyal to America and made infinitely more difficult if not impossible the taking of sworn testimony relating to subversive activity in the United States, one wonders why? The Court appears to have sug-
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gested to America and to the world that in this land Communists and Communism may not in fact be something which they have proven to be in every other place in the world. This is an amazing phenomenon that probably cannot be explained by a claim that the authors of such decisions are out of touch with reality.
It should be fundamental American law that on issues of loyalty and security the life of every citizen must be an open book subject only to his right to take the Fifth Amendment and not the First Amendment.
In his Inaugural Address last month, my good friend Governor Almond of Virginia said:
"With the soothing assurance that this is all for our own good, our judicial surgeons have prescribed a massive political blood-letting and it is not the South only that is being leeched, it is the whole body of the Republic. Weakened by this cynical phle botomy, enervated by sweet anesthetic, the States gradually are declining to the insignificant role of dependent Federal satellites-- mere municipal provinces of Washington, suburbs of the Capitol. They are being drained of the vitality that has contributed so greatly to the nation's strength and the party is that an apathetic people lie indifferent to the enveloping evil."
My friends, it is now State responsibility--in Georgia, in New Hampshire, in California, and in every State in the Union--to act together to stem this continued flow of power to Washington. I am not speaking of economoc functions of government. In this field the President has appointed an important committee of Governors to explore what the States can responsibly undertake in transfer from Washington. This committee, of which Governor Dwinell of New Hampshire is Co-chairman, has an authority that is primarily economic in scope yet it has a vital mission because unless the States are willing to undertake the responsibility of administering functions which are now administered by the Federal Government, there can be no restora tion of such powers to the States. This important national committee is a sign of the good faith of the President in his promise to return to the States those functions they are willing and able to accept.
But committees and commissions, boards and agencies, are not the answer to repeated interpretations of the Supreme Court which by the process of judicial legislation ever narrows the influence and authority of the States.
While the process of constitutional amendment is available, it is also most unlikely, subjected to pragmatic test. Senator Thurmond of South Carolina has offered a resolution (S.J. Res. 145) to create a commission on federal and state jurisdiction. This is a salutary move and it should be implemented at the earliest opportunity. By insuring fair representation on such a commission, if Congress pays serious attention to its recommendations when its work is done there may result that recognition of an aroused public opinion that in some manner or other we must impress upon a majority of the Supreme Court.
If this is not done and if decisions such as these continue, I can see only tragedy ahead within these United States, because cooperation between the States and the Federal Government is a two-way street.
TUESDAY, FEBRUARY 18, 1958
1041
If the Federal Government wants cooperation from the States then the federal judiciary should permit extension of real cooperation to the States, for the proof of any pudding is in its eating. If bar asso ciations of the highest courts of the several States do not wish to qualify certain members as officers of their courts, the Supreme Court should not force them to do so. By assuming the ultimate question in review of such cases the High Court has arrogated to itself the twin functions of judge and jury in passing upon the protestations of sunlit innocence from such applicants. Perhaps the local bar examiners did not believe them.
Finally, with your permission I would like to address myself briefly to the problem of public education. In spite of the militancy of the radical National Association for the Advancement of Colored People and the venomous bile of the Communist-dominated Civil Rights Con gresses, from both of which the South has suffered massive injections, many responsible citizens all over the country remain convinced that the normal function of control of public education is best preserved to the people by local action. This conviction has been the cornerstone of arguments of those who oppose federal aid to education, in fear of ultimate federal influence upon the textbook and the adolescent mind. The States through their elected representatives in the Con gress of the United States have never legislated to require racially integrated schools. Interpretation of the requirement of equal protec tion of the laws to force upon the people of a State a federal social precept contrary to their settled social mores is a radical change from precedent and custom. Unanimity of decision makes it neither more convincing nor more acceptable to the South.
There is not time today to discuss the legal niceties of the use of paratroops and bayonets at Little Rock. As a matter of fact it is of no particular importance as to whether executive action at Little Rock was technically lawful or unlawful. Hailed as a measure in protection of the rights of minorities, it in fact was probably the greatest insult to a state government that has ever transpired since our Constitution was adopted.
Who is to say that the determination of the Governor of Arkansas that he feared violence within his State if integration were forced at that particular time, was without foundation in fact? How can any of us in the States remain tranquil in the face of the prospect of the use of federal troops in aid of application of federal law when the federal Court had not itself exhausted its own contempt powers? If this precedent holds for future action in other fields, no State will have a vestige of sovereignty if every federal court construes federal law as supreme, declines to invalidate federal law under the Tenth Amendment and flashes a green light to the Pentagon.
All deliberate speed is a wise, even profound statement. It might be five years, it might be fifty. The principal of equal protection of the laws is preserved in such a formula obviating the risk of violence by deferring until such time as the social fabric of affected communi ties can adjust and accept what until heretofore has been as much anathema as the religious compulsions which led to the Protestant movement in early American history.
It is reasonably certain that bayonets and force are not the answer to human problems of bigotry and racial tension. I find the incident
1042
JOURNAL OF THE HOUSE,
at Little Rock especially unfortunate because conservatives were com mencing to find bonds across party lines between North and South. This progress in gaining the support of people in the South, for gov ernmental policies helping business and personal freedom, which are better for America than anything offered from other sources, has now been largely undone by what happened in Arkansas. It is also especially unfortunate because while intelligent Americans, even with stars in their eyes, are convinced that we cannot compromise our moral prin ciples; being intelligent, they must recognize that neither can we be blind to commonsense application of personal values which are bound to encounter a great resistance to judicial or executive orders to jump into a melting pot--which has until now made America famous be cause of its free and voluntary quality. This element of compulsion in haste has worsened race relations in the United States. It has worsened the reputation of the United States in those vast areas of the world where colored people constitute a substantial majority. This is a greater tragedy for its lack of necessity.
This nation is composed of many languages, many races, many creeds, living together under a document which permits a good deal of give and take. The very flexibility of the Federal Constitution has insured its continued strength against stresses and strains which in other lands have seen as many as seventeen governments fall in two years. This document simply must not continue to be interpreted in such manner as to throw out of kilter the great divider between the powers of the States and the Federal Government--the Tenth Amend ment. The course of historical development of our United States must be turned from a direction of federal paternalism to one of enlightened cooperation between Sovereign States and the Federal Government-- each working in its own sphere, with recognized division of authority and responsibility, in a spirit of partnership and not adversity.
It should never be forgotten that we of the forty-eight States, acting through three-quarters of our Legislatures, can amend the Con stitution at any time. Thus, through the State Legislatures, we have under the Constitution itself a final negative upon any branch of fed eral authority. Impractical as it may seem to some, if the course of American history continues to divest the States of power to the point of provincialism, we must join in a common organization of interstate cooperation which through the State Legislatures can rectify these many wrongs to our separate State governments.
Gentlemen, the situation is serious, even appalling. We depend upon the federal government to protect us from our external aggres sors. All thinking citizens will support with their very lives, if need be, those powers of the federal government which are best exercised by the federal government for the common good. They will likewise opopse with all the vigor at their command those invasions of States' reserved powers that relegate the Tenth Amendment to the status of a wishful thought. The foundations of our American Way of Life and the principles in which we believe are not in conflict between Washington and Atlanta, Georgia, and Washington and Concord, New Hampshire, until some in Washington have failed to see the forest for the trees.
The persistent pattern of decisions of the High Court in this land has caused a restiveness which in the last analysis and short of constitutional amendment can only be resolved if a majority of the
TUESDAY, FEBRUARY 18, 1958
1043
membership of that High Court will return to the middle of the road. For the national welfare we ask nothing more. We can demand nothing less.
Senator Hawes of the 30th moved that the Joint Session be now dissolved, and the motion prevailed.
The President of the Senate announced the Joint Session dissolved.
The Speaker called the House to order.
The Speaker announced the House recessed until the hour of 2:00 o'clock p.m.
AFTERNOON SESSION 2:00 o'clock p. m.
The Speaker called the House to order.
The following Resolutions of the House were read and adopted:
HR 500. By Messrs. Smith of Bryan, Twitty of Mitchell, Smith of Emanuel, Palmer of Mitchell, Carr of Dooly, and Summers of Crisp:
A RESOLUTION
WHEREAS, the Hon. Harvey Roughton, the gentleman from Washington County, has been confined with sickness for the past sev eral days, and
WHEREAS, his sage, counsel and advice and his presence are missed by all of his colleagues in the House,
NOW THEREFORE BE IT RESOLVED by the House of Repre sentatives, that the sympathy of each member be extended to our sick colleague and that our wish for a speedy and complete recovery be extended to the gentleman from Washington,
BE IT FURTHER RESOLVED that a copy of this resolution be spread upon the minutes of the House and a copy be sent to The Hon. Harvey Roughton at his home address.
HR 501. By Messrs. Helms of Atkinson, Roberts and Fellows of Coffee:
A RESOLUTION
Expressing regret at the passing of Honorable B. G. O'Berry; and for other purposes.
WHEREAS, Honorable B. G. O'Berry, a life-long resident of Willacoochee, Georgia in Atkinson County, recently passed away; and
WHEREAS, he served in the State Senate and on the staff of the prosecution at the Nuremberg War Trials; and
WHEREAS, he served his community, his State and his nation with honor and integrity, and his death is a great loss to all con cerned ;
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JOURNAL OF THE HOUSE,
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body expresses deep regret at the passing of Honorable B. G. O'Berry and extends its sincerest sympathy to his only surviving relative, his brother, Mr. J. A. O'Berry.
BE IT FURTHER RESOLVED that the Clerk of the House transmit a copy of this resolution to Mr. J. A. O'Berry, Willacoochee, Georgia.
Under the order of business established by the Committee on Rules, the following Bills of the House were again taken up for consideration:
HB 823. By Mr. Caldwell of Upson:
A Bill to be entitled an Act to provide for the maintenance of standards of sanitation for food service establishments; and for other purposes.
The following amendments were read and adopted:
Mr. Caldwell of Upson moves to amend HB 823 as follows:
By striking the words "inconsistent with" as they appear in Line 8 of Section 4 of the printed Bill and inserting in lieu thereof the words "higher than the" and by striking the words "not inconsistent with" as the same appears in Line 13 of Section 4 of the printed Bill and inserting in lieu thereof the words "which are not higher than."
Mr. McKenna of Bibb moves to amend HB 823 by striking from Section 10 thereof, the words "or is about to engage" wherever the same appears and to strike therefrom the words "or may create" wherever same appears in said Section.
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 roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Bagby
Ballard Barber Barrett Baughman Birdsong Black Blalock of Coweta Bodenhamer Brackin Bradley
Brooks of Oglethorpe Broome
Burkhalter Cagle Caldwell Callier Carlisle Carr Carswell Cheatham Cheek Cloud
Coalson Cocke
Cowart Craven Crummey Denmark Dorminy Duncan Echols Elder Floyd Fuqua
TUESDAY, FEBRUARY 18, 1958
1045
Greene of Bartow Griffith Grimsley Gross of Stephens Gross of Dade Hall of Lee Harper Harrison Helms Henderson Hendrix Hill Hodges of Ware Hodges of Butts Hogan Holcombe Holley Hurst Ingle Irvin Johnson Jones of Wayne Jones of Lumpkin Jones of Laurens Jones of Sumter Jones of Crawford Kelley Kennedy King Lam Lancaster Lanier Lee
Lindsey Lokey Long Lott Love Mackay Mann Matthews Miles Mobley Moorman
Morris
Moss Mull
Murphy Murr Musgrove McGibony McKenna McWhorter Newton Nichols Odom Orr Palmer Parker of Appling Pelham Perkins Peters Phillips of Columbia Phillips of Walton Pickard Pickett
Raulerson Ray Reed Rodgers of Charlton Rogers of Heard Rowland Rutland Singer Sivell Smith of Forsyth Smith of Fulton Smith of Whitfield Souter Stephens Story Summers Tabb Tamplin Tarpley Taylor Truelove Twitty Veal Walker of Telfair Watson Weems Wells White Willingham Wilson Winkle Yandle
On the passage of the Bill, as amended, the ayes were 134, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
The Bill was ordered immediately transmitted to the Senate.
HB 902. By Mr. Barber of Jackson:
A Bill to provide that it will be unlawful for the owner or person in possession of land in any county of this State to knowingly have or maintain an abandoned open well or hole; and for other purposes.
The following substitute was read:
By the Committee:
AN ACT
To provide that it will be unlawful for the owner or person in possession of land in any county of this State to knowingly have or maintain an abandoned open well or hole; to define an abandoned open well or hole for the purposes of this Act; to provide for enforce-
1046
JOURNAL OF THE HOUSE,
ment of this Act; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEOR GIA:
SECTION 1
Prom and after the passage and approval of this Act, it shall be unlawful for the owner or person in possession of land in any county of this State to knowingly have or maintain an abandoned open well or hole, as hereinafter defined. It shall be the duty of any owner or person in possession of land knowingly having or maintaining an aban doned open well or hole to adequately cover the well or hole with some durable material, extending at least two feet from all edges of the well or hole opening within six months after having knowledge thereof. In the event any such owner or person makes an affidavit under oath to the governing authority of the county that he is financially unable to cover the well or hole as provided herein, it shall then be the duty of the governing authority of the county to provide for the covering of such well or hole as provided herein.
SECTION 2
For the purposes of this Act, an abandoned well or hole shall be any manmade opening upon the surface of the earth ten feet or more in depth, not used for a period of sixty days, exclusive of ditches, stone, marble or slate quarries, or sand or gravel pits.
SECTION 3
In the event that any person, firm or corporation shall fall or refuse to cover a well or hole as provided by this Act, the Superior Court of the county in which the land lie shall upon petition of the county gov erning authority issue an injunction ordering such person, firm or corporation to perform the duties imposed by this Act. However the provisions of this Section relating to injunctions shall not apply to owners or persons filing the affidavit provided for in Section 1 of this Act, or to a county governing authority.
SECTION 4
All laws and parts of laws in conflict with this Act are hereby repealed.
The following substitute to the committee substitute was read:
By Mr. Barber of Jackson:
A BILL
To be entitled an Act to provide that the owner or person in posses sion of land in any county in this State shall not knowingly have or maintain an open well or hole; to define an open well or hole for the purposes of this Act; to provide the procedure for the enforcement of this Act; to provide an effective date; to repeal conflicting laws: and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. The owner or person in possession of land in any county in this State shall not knowingly have or maintain an open well or
TUESDAY, FEBRUARY 18, 1958
1047
hole (which is now unprotected or which has no barrier around it), as hereinafter defined, on such land. It shall be the duty of such owner or person to adequately cover such well or hole with some durable mate rial extending at least two feet from all edges of the well or hole open ing within six months after obtaining knowledge thereof. The state ment of such owner or person shall be the determining factor as to the time when such owner or person first obtained knowledge of such well or hole. In the event any such owner or person notifies the governing authority of the county that he is unable to cover such well or hole as provided herein, it shall then be the duty of the governing authority to the county to provide for the covering of the well or hole as provided herein.
Section 2. For the purposes of this Act, an open well or hole shall be any manmade opening upon the surface of the earth which is now unprotected or which has no barrier around it and which is ten feet or more in depth and not less than one foot nor more than four and onehalf feet in width.
Section 3. In the event any person, firm or corporation shall fail or refuse to cover an open well or hole as provided hereinbefore, such open well or hole shall be considered a nuisance, and shall be subject to abatement as are other nuisances. Provided, however, the provisions of this Section shall not apply to any owner or person who notifies the governing authority of the county as hereinbefore provided.
Section 4. No such owner or person shall be subject to any crimi nal action under the provisions of this Act, and this Act shall cause no such owner or person any greater civil liability than that to which such owner or person would be subjected if this Act had not become law.
Section 5. The provisions of this Act shall become effective on June 1, 1958.
Section 6. All laws and parts of laws in conflict with this Act are hereby repealed.
The following amendment to the substitute, as substituted, was read and adopted:
Mr. Barber of Jackson moves to amend the substitute to the com mittee substitute to HB 902 by amending the second line of Section 2 by inserting after the seventh word in line two, the following language: "Which was originally dug for the sole purpose of supplying water and" so that Section 2 amended would read as follows:
"Section 2. For the purpose of this Act, an open well or hole shall be any man-made opening upon the surface of the earth which was originally dug for the sole purpose of supplying water and which is now unprotected or which has no barrier around it and which is ten feet or more in depth and not less than one foot nor more than four and one-half feet in width.
The committee substitute, as substituted, as amended, was adopted.
The previous question was ordered.
The main question was ordered.
1048,
JOURNAL OF THE HOUSE,
The report of the committee which was favorable to the passage of the Bill, by substitute, was agreed to, by substitute, as amended.
On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.
Adams Alien Bagby Ballard Barber Barrett Baughman Birdsong Black Blalock of Coweta Blalock of Clayton Bradley Brooks of Oglethorpe Broome Burkhalter Busbee Cagle Caldwell Callier W. Campbell of
Walker Carlisle Carr Carswell Carter Cheatham Cheek Coalson Cowart Craven Crummey Dorminy Duncan Echols Elder Eyler Fellows Floyd Fordham
Fowler of Douglas
Fuqua
Greene of Bartow
Griffith
Grimsley
Gross of Stephens
Gross of Dade
Gunter
Harper Harrison Hawkins Helms Hendrix Hill Hodges of Ware Hodges of Butts Hogan Holcombe Holley Holloway Ingle Irvin Jones of Wayne Jones of Laurens Jones of Sumter Jones of Crawford Kelley Kennedy Kidd Killian Lam Lancaster Lanier Lee Lokey Long Love Mackay Mann Martin Miles Miller of Elbert Mobley Morris Moss Murphy Murr
Musgrove
McClelland
McGibony
McKenna
McWhorter
Newton
Nichols
Odom
Overby Palmer Parker of Pike Parker of Ware Payton Perkins Peters Phillips of Columbia Pickard Pickett Reed Roberts Rodgers of Charlton Rogers of Heard Ross Rowland Rutland Scoggin Sheffield Singer Smith of Emanuel Smith of Fulton Smith of Whitfield Smith of Bryan Stephens Story Summers Tabb Tamplin Tarpley Todd Truelove Twitty Veal " Watson Weems
Wells
Willingham Willis
Wilson
Winkle
Wright of Floyd
Wright of Dodge
Yandle
Young
'TUESDAY, FEBRUARY is, 1958
1049
Those voting in the negative were Messrs.:
Chastain
Flynt
Orr
Ellis
On the passage of the bill, by substitute, as amended, the ayes were 138, nays 4.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.
Mr. Orr of Wilkes requested that the Journal show him as having voted "aye" on HB 902.
The following Resolution of the House was taken up for consideration and read:
HR 492. By Mr. Odom of Camden:
A Resolution to increase the expense allowance for members of the General Assembly for the period covering this, the 1958 Session; and for other purposes.
The report of the committee which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 112, nays 24.
The Resolution, having received the requisite constitutional majority, was adopted.
Messrs. Payton and Blalock of Coweta, Fowler of Douglas, Bagby of Paulding, Smith of Emanuel, Story of Gwinnett, Lokey of McDuffie, Underwood of Montgomery, Jessup of Bleckley, Twitty of Mitchell, McWhorter of DeKalb, Winkle of Whitfield, Blalock and Lee of Clayton, Peters of Meriwether, Frazier of Jeff Davis, Todd of Glascock, and King of Chattahoochee requested that the Journal show them as having voted "nay" on HR 492.
The following Resolution of the House was read and adopted:
HR 502. By Messrs. Irvin of Habersham, Tarpley of Union, Overby of Hall and many others:
A RESOLUTION
Wishing a speedy recovery for Honorable A. C. Smith; and for other purposes.
WHEREAS, Honorable A. C. Smith, Representative, Forsyth County, is confined in St. Joseph's Hospital in Atlanta, seriously ill, and probably will be unable to return to this Session of the General Assembly; and
WHEREAS, he represents the people of his county and his State intelligently and honestly and is a valuable member of this body;
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JOURNAL OF THE HOUSE,
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body expresses its sincerest regrets at the illness of Honorable A. C. Smith and wishes for him a speedy recovery.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a copy of this resolution to Honorable A. C. Smith.
Under the order of business established by the Committee on Rules, the following Bill of the House was again taken up for consideration:
HB 1056. By Messrs. Moate of Hancock, Hawkins of Screven, and Jessup of Bleckley:
A Bill to prescribe the qualifications for voters; and for other purposes.
Mr. Murphy of Haralson moved that further consideration of HB 1056 be indefinitely postponed.
On the motion to indefinitely postpone, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.
Bagby Ballard Barrett Blalock of Coweta Blalock of Clayton Bradley Brennan Brooks of Fulton Busbee Cagle W. Campbell of
Walker Carlisle Carr Carter Cheatham Cheek Coalson Cowart Craven Dorminy Elder Ellis Eyler Floyd Fordham Fowler of Douglas Frazier Fuqua Gowen
Greene of Bartow Griffith
Gross of Stephens Gunter Hall of Lee Harper Hill Hodges of Ware Holley Holloway Ingle Irvin Jones of Laurens
Kelley Kidd Killian Lancaster Lanier Lee Lindsey Long Lott Mackay Matthews Miller of Elbert Moss Murphy McClelland McGibony McKenna
McWhorter Nichols Overby Palmer Parker of Ware Parker of Appling Payton Pelham Perkins Pickard Pickett Reed Rogers of Heard Ross Russell Rutland Scoggin Smith of Fulton Stephens Summers Tamplin Tarpley Truelove Veal Willingham Wilson Wright of Floyd Young
TUESDAY, FEBRUARY 18, 1958
1051
Those voting in the negative were Messrs. :
Adams Alien Baughman Birdsong Black Bodenhamer Broome Burkhalter Callier Carswell Chastain Cloud Cocke Crummey Denmark Duncan Fellows Grimsley Hawkins Helms Henderson Hendrix Hodges of Butts
Huddleston Hurst Johnson Jones of Wayne Jones of Worth Jones of Sumter Jones of Crawford Larkins Lokey Love Martin Miles Mobley Moorman
Morris Murr Musgrove McCracken Neese Newton Nilan Orr Peters
Phillips of Columbia Phillips of Walton Raulerson Ray Roberts Rowland Sheffield Sivell Smith of Bryan Souter Story Tabb Taylor Todd Underwood Walker of Telfair Wells White Willis Wooten Wright of Dodge Yandle
On the motion to indefinitely postpone, the ayes were 87, nays 68.
The motion prevailed, and the Bill was indefinitely postponed.
Messrs. Walker and Budd of Lowndes, Kennedy of Turner and King of Chattahoochee requested that the Journal show them as having voted "nay" on the motion to indefinitely postpone HB 1056.
Mr. Barber of Jackson requested to be shown as voting "aye" on the motion to indefinitely postpone HB 1056.
Mr. Willmgham of Cobb voted "aye" under misapprehension and requested that the Journal show him as having voted "nay" on the motion to indefinitely postpone HB 1056.
Mr. Story of Gwinnett voted "nay" under misapprehension and requested that the Journal show him as having voted "aye" on the motion to indefinitely postpone HB 1056.
Under the order of business established by the Committee on Rules the fol lowing Bill and Resolutions of the House were taken up for consideration and read the third time:
HR 164-519a. By Messrs. Matthews of Clarke, Bodenhamer of Tift and Overby of Hall:
A RESOLUTION
Proposing to the qualified voters of the State of Georgia an
1052
JOURNAL OF THE HOUSE,
amendment to Article VII, Section II, Paragraph I of the Constitution of the State of Georgia of 1945, as amended, so as to extend the power of taxation over the whole State exercised by the General As sembly to include a tax for school lunch purposes; to provide for the submission of this amendment for ratification or rejection by the people; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1
Article VII, Section II, Paragraph I of the Constitution of Georgia of 1945, as amended, is amended by adding at the end thereof a new subparagraph to read:
Subparagraph 10. For school lunch purposes.
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, such proposed amendment shall be published and submitted as provided in Article III, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall havt written or printed thereon the following:
"For ratification of amendment to the Constitution so as to extend the power of taxation over the whole State exercised by the General Assembly to include a tax for school lunch purposes."
"Against ratification of amendment to the Constitution so as to extend the power of taxation over the whole State exercised by the General Assembly to include a tax for school lunch purposes."
All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification.
If 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 roll call was ordered and the vote was as follows:
TUESDAY, FEBRUARY 18, 1958
1053
Those voting in the affirmative were Messrs.:
Adams Bagby Ballard Barber Barrett Baughman Birdsong Black Blalock of Coweta Blalock of Clayton Bodenhamer Bradley Brennan Brooks of Oglethorpe Brooks of Fulton Broome Burkhalter Busbee Cagle Caldwell A. Campbell of
Walker W. Campbell of
Walker Carlisle Carr Carswell Chastain Cloud Coalson Cocke Cowart Craven Denmark Duncan Echols Elder Ellis Eyler Fordham Fowler of Douglas Fowler of Treutlen Frazier Fuqua Gowen Green of Rabun Greene of Bartow
Griffith
Grimsley
Gross of Stephens
Hall of Lee
Hardaway
Harper
Harrison Hawkins Helms Henderson Hendrix Hill Hodges of Ware Hodges of Butts Hogan Holcombe Holley Holloway Huddleston Hurst Ingle Irvin Johnson Jones of Wayne Jones of Laurens Jones of Sumter Jones of Crawford Kelley Key Kidd Killian King Lam Lancaster Land Lanier Larkins Lee Lindsey Lokey Long Love Mackay Mann Martin Matthews Miles Miller of Elbert Mobley Moorman Morris Moss Murphy
Murr
Musgrove
McClelland
McCracken
McGibony
McKenna
Neese Newton Nichols Odom Orr Palmer Parker of Pike Parker of Ware Parker of Appling Payton Peters Phillips of Columbia Pickard Pickett Ramsey Raulerson Reed Rodgers of Charlton Rogers of Heard Ross Rowland Rutland Sheffield Short Singer Sivell Smith of Forsyth Smith of Emanuel Smith of Lamar Smith of Fulton Smith of Whitfield Smith of Bryan Souter Stephens Story Summers Tabb Tamplin Tarpley Taylor Twitty Veal Watson Wells White Willingham Willis
Wilson
Winkle
Wooten
Yandle
Young
1054
JOURNAL OF THE HOUSE,
On the adoption of the Resolution, the ayes were 155, nays 0.
The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.
HR 165-519b. By Messrs. Matthews of Clarke, Bodenhamer of Tift, and others:
A RESOLUTION
Proposing to the qualified voters of the State of Georgia an Amendment to Article VII, Section IV, Paragraph I, of the Constitution of the State of Georgia of 1945, so as to empower the General Assembly to authorize any county the right to levy a tax for school lunch purposes; to provide for the submission of this amendment for ratifi cation or rejection by the people; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1
Article VII, Section IV, Paragraph I, of the Constitution of Georgia of 1945, is hereby amended by adding at the end thereof a new subparagraph to read:
Subparagraph 17. For school lunch purposes.
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, such proposed amendment shall be published and submitted as provided in Article III, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
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 empower the General Assembly to authorize counties to levy a tax for school lunch purposes."
"Against ratification of amendment to the Constitution so as to empower the General Assembly to authorize counties to levy a tax for school lunch purposes."
All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification.
If 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.
TUESDAY, FEBRUARY 18, 1958
1055
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 Bagby Ballard Barber Barrett Baughman Birdsong Black Blalock of Coweta Blalock of Clayton Bodenhamer Bradley Brennan Brooks of Oglethorpe Brooks of Fulton Broome Burkhalter Busbee Cagle Caldwell A. Campbell of
Walker W. Campbell of
Walker Carlisle Carr Carswell Chastain Cloud Coalson Cocke Cowart Craven Denmark Duncan Echols Elder Ellis Eyler Fordham Fowler of Douglas Fowler of Treutlen Frazier Fuqua
Gowen Green of Rabun Greene of Bartow Griffith Grimsley Gross of Stephens Hall of Lee Hardaway Harper Harrison Hawkins Helms Henderson Hendrix Hill Hodges of Ware Hodges of Butts Hogan Holcombe Holley Holloway Huddleston Hurst Ingle Irvin Johnson Jones of Wayne Jones of Laurens Jones of Sumter Jones of Crawford Kelley Key Kidd Killian King Lam Lancaster Land Lanier Larkins Lee Lindsey Lokey Long
Love Mackay Mann Martin Matthews Miles Miller of Elbert Mobley Moorman Morris Moss Murphy Murr Musgrove McClelland McCracken McGibony McKenna Neese Newton Nichols Odom Orr Palmer Parker of Pike Parker of Ware Parker of Appling Payton Peters Phillips of Columbia Pickard Pickett Ramsey Raulerson
Reed Rodgers of Charlton Rogers of Heard Ross Rowland Rutland Sheffield Short Singer Sivell
1056
JOURNAL OP THE HOUSE,
Smith of Emanuel Smith of Lamar Smith of Fulton Smith of Whitfield Smith of Byran Souter Stephens Story Summers
Tabb Tamplin Tarpley Taylor Twitty Veal Watson Wells White
Willingham Willis Wilson Winkle Wooten Yandle Young
On the adoption of the Resolution, the ayes were 155, nays 0.
The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.
HB 173. By Messrs. Griffith and Kidd of Baldwin:
A Bill to be entitled an Act to authorize the Governor and the Director of the State Welfare Department to negotiate with certain parties for the construction of a waste disposal plant at the Milledgeville State Hospital; 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.:
Bagby Ballard Barber Barrett Baughman Birdsong Blalock of Clayton Brackin Bradley Brennan Brooks of Oglethorpe Broome Burkhalter Busbee Cagle Caldwell A. Campbell of
Walker W. Campbell of
Walker Carlisle
Chastain Cheek Cloud Coalson Cocke Denmark Dorminy Duncan Echols Elder Ellis
Eyler Flynt Fordham Fowler of Douglas Fowler of Treutlen Frazier Fuqua Gowen Green of Rabun Griffith
Grimsley Hall of Lee Hardaway Hawkins Helms Hendrix Hill Hodges of Ware Hodges of Butts Hogan Holcombe Holley Holloway Hurst Ingle Irvin Johnson Jones of Wayne Jones of Worth Jones of Laurens Jones of Sumter
TUESDAY, FEBRUARY 18, 1958
1057
Kelley Key Kidd Killian Lancaster Land Larkins Lokey Long Lott Love Mackay Mann Matthews Miles Miller of Elbert Mobley Moorman Moss Murphy Musgrove McClelland
McGibony McKenna Newton Nichols Overby Parker of Ware Pelham Perkins Peters Phillips of Columbia Phillips of Walton Pickard Pickett Raulerson Reed Rodgers of Charlton Rogers of Heard Rowland Rutland Scoggin Sheffield Sivell
Smith of Lamar Smith of Fulton Smith of Whitefield Souter Story Summers Tabb Tamplin Tarpley Taylor Todd Twitty Veal Walker of Telfair Watson Wells White Willis Wilson Winkle Wooten Young
On the passage of the Bill, the ayes were 127, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HR 254-662d. By Mr. Kidd of Baldwin:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide for the appointment of the County School Superintendent by the County Board of Education; to provide for the term, qualifications and com pensation of the County School Superintendent in such event; 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 VI, Paragraph I of the Constitution, relating to the county school superintendent, is hereby amended by adding at the end thereof the following:
"The General Assembly shall have authority to make provision for the appointment of the County School Superintendent by the County Board of Education in those counties where the members of the County Board of Education are elected by the voters of the county. In such event, the General Assembly shall be authorized to provide for the term, qualifications and compensation of the County School Superintendent. Nothing in any such law shall affect any amendment adopted prior to the adoption of this amendment."
1058
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, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"For ratification of amendment to the Constitution so as to authorize the General Assembly to make provision for the appoint ment of the County School Superintendent by the County Board of Education in those counties where the members of the County Board of Education are elected by the voters of the county.
"Against ratification of amendment to the Constitution so as to authorize the General Assembly to make provision for the ap pointment of the County School Superintendent by the County Board of Education in those counties where the members of the County Board of Education are elected by the voters of the 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 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.:
Barber Birdsong Blalock of Clayton
Brennan Brooks of Oglethorpe Broome Burkhalter Busbee
Cagle Caldwell A. Campbell of
Walker W. Campbell of
Walker Carlisle Carr
Carswell Carter Cheatham
Cheek Coalson Cocke Denmark Dorminy
TUESDAY, FEBRUARY 18, 1958
1059
Duncan Echols Eyler Floyd Fowler of Douglas Frazier Fuqua Green of Rabun Griffith Grimsley Gross of Stephens Gunter Hall of Floyd Hall of Lee Hardaway Harper Harrison Hawkins Helms Henderson Hendrix Hill Hodges of Ware Hodges of Butts Holcombe Holley Holloway Ingle Johnson Jones of Wayne Jones of Sumter
Kelley Key Kidd Lam Land Larkins Lee Long Lott Love Mackay Mann Matthews Miles Mobley Moss Murphy Murr McClelland McCracken McGibony McKenna Newton Nichols Nilan Orr Palmer Parker of Pike Parker of Ware Parker of Appling Peters
Phillips of Columbia Pickard Pickett Reed Rogers of Heard Rowland Scoggin Sheffield Smith of Emanuel Smith of Fulton Souter Story Summers Tamplin Tarpley Taylor Todd Twitty Veal Walker of Lowndes Watson Wells White Willingham Wilson Winkle Wright of Floyd Wright of Dodge Young
Those voting in the negative were Messrs.:
Adams Ballard Black Fordham Hogan
Irvin Jones of Laurens Jones of Crawford Lanier Musgrove
Perkins Raulerson Truelove Underwood
On the adoption of the Resolution, the ayes were 113, nays 14.
The Resolution, having failed to receive the requisite two-thirds constitu tional majority, was lost.
HR 427-1070b. By Mr. Love of Catoosa:
A RESOLUTION
Proposing an amendment to the Constitution so as to change the provisions relating to the terms of members of the General Assembly; to change provisions relating to the compensation of such members; to provide an effective date; to submit the amendment to the people for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
1060
JOURNAL OF THE HOUSE,
SECTION 1
Article III, Section IV, Paragraph I of the Constitution of Georgia is hereby amended by striking therefrom the word "two" and by sub stituting in lieu thereof the word "four," so that said paragraph, as amended hereby, shall read:
"Paragraph I. Terms of members.--The members of the Gen eral Assembly shall be elected for four years, and shall serve until the term fixed by law for the convening of the next General Assembly."
SECTION 2
Article III, Section IX, Paragraph I of the Constitution of Georgia is hereby amended by striking said paragraph in its entirety and by substituting in lieu thereof a new paragraph to read:
"Paragraph I. The compensation of members of the General Assembly shall be $3,000 per annum. In addition to said compen sation, the members of the General Assembly shall receive $30 per diem while the General Assembly is in session and while attending interim committee meetings, and while going to and from either or both, said per diem to be for maintenance expenses. The Presi dent Pro Tern of Senate, when serving as presiding officer thereof, and Speaker of the House of Representatives, shall receive $10 per diem for maintenance expenses while the General Assembly is in session in addition to all other compensation and expenses herein provided for. Members of the General Assembly shall not receive any other compensation for work done, duties performed or as an employee of the State, except such compensation and expenses herein provided for."
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, such pro posed amendment shall be published and submitted as provided in Arti cle XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
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 change the terms of the members of the General Assembly, and to change their compensation.
"Against ratification of amendment to the Constitution so as to change the terms of the members of the General Assembly, and to change their compensation."
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
TUESDAY, FEBRUARY 18, 1958
1061
State effective January 1, 1961, provided, the members of the General Assembly elected at the general election of 1960 shall come within its operation. 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 amendment was read:
Mr. Odom of Camden moves to amend HR 427-1070b by striking Section 1 in its entirety and inserting- in lieu thereof a new section to read as follows:
SECTION 1
"Article III, Section IV, Paragraph I of the Constitution of Georgia is hereby amended by striking said paragraph in its en tirety and by substituting in lieu thereof a new paragraph to read as follows:
"Paragraph I. Terms of members--Effective with the gen eral election in 1958 the members of the General Assembly shall be elected for four years, and shall serve until the time fixed by law for the convening of the next General Assembly."
and by striking the following words from the last paragraph in Sec tion 3:
"effective January 1, 1961, provided, the members of the General Assembly elected at the general election of 1960 shall come within its operation."
On the adoption of the amendment, Mr. Odorn 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.:
Barber Black Broome Cheek Cowart Denmark Duncan Fellows Hardaway Hawkins Hendrix
Jones of Worth Land Larkins Lokey Martin Murphy McClelland Odom Pelham Roberts Rodgers of Charlton
Rowland Rutland Sheffield Smith of Fulton Tabb Tamplin White Wooten Yandle
Those voting in the negative were Messrs.:
Adams Alien Bagby Ballard Baughman
Birdsong Blalock of Clayton Bodenhamer Brackin Bradley
Brennan Brooks of Fulton Burkhalter Busbee Cagle
1062
JOURNAL OF THE HOUSE,
W. Campbell of Walker
Carlisle Carr Carswell Chastain Cheatham
Cloud Coalson Dorminy Elder Ellis Eyler Flynt Fordham Fowler of Douglas Frazier
Fuqua Gowen Greene of Bartow Griffith Gross of Stephens
Gunter Hall of Floyd Hall of Lee Harper Helms Henderson Hill Hodges of Ware Hogan Holcombe Holloway
Hurst Ingle Irvin Jones of Wayne Jones of Laurens Jones of Sumter Jones of Crawford Kelley Kennedy Key Kidd Killian King Lam Lanier Lee Long Lott Mackay Mann Miller of Elbert Moorman Moss Murr Musgrove McCracken McGibony McKenna McWhorter Neese Nichols Nilan Orr
Palmer Parker of Pike Parker of Ware Parker of Appling Payton Perkins Phillips of Columbia Pickard Pickett Raulerson Ray Reed Rogers of Heard Ross Scoggin Sivell Smith of Lamar Smith of Whitfield Smith of Bryan Story Tarpley Taylor Todd Truelove Twitty Underwood Walker of Lowndes Watson Willingham Wilson Wright of Floyd Wright of Dodge Young
On the adoption of the amendment, the ayes were 31, nays 113.
The amendment was lost.
An amendment offered by Mr. Ballard of Newton was read and lost:
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.:
Alien Bagby Barber
Barrett Birdsong Black
Blalock of Coweta Bradley Brennan
TUESDAY, FEBRUARY 18, 1958
1063
Brooks of Fulton Broome Budd Busbee Cagle Caldwell A. Campbell of
Walker W. Campbell of
Walker Carlisle Carr Carswell Carter Cheatham Cloud Coalson Cocke Cowart Denmark Dorminy Duncan Echols Elder Eyler Fellows Fordham Fowler of Douglas Frazier Fuqua Gowen Green of Rabun Greene of Bartow Griffith Gross of Stephens Gunter Hall of Lee Hardaway Harper Helms Hendrix
Hill Hodges of Ware Holcombe Holloway Hurst Ingle Irvin Jessup Johnson Jones of Wayne Jones of Worth Jones of Baker Jones of Laurens Jones of Sumter Jones of Crawford Kelley Kennedy Lancaster Land Lanier Larking Long Lott Love Mackay Matthews Miles Miller of Elbert Mobley Moorman Murphy Musgrove McClelland McKenna Neese Newton Nichols Odom Orr Overby Palmer
Parker of Pike Parker of Ware Parker of Appling Payton Pelham Perkins Phillips of Columbia Pickett Raulerson Reed Roberts Rodgers of Charlton Rogers of Heard Ross Rowland Sheffield Sivell Smith of Emanuel Smith of Lamar Smith of Fulton Smith of Whitfield Souter Stephens Story Summers Tabb Tamplin Tarpley Truelove Twitty Veal Walker of Lowndes Watson Wells White Wilson Wooten Wright of Dodge Yandle
Those voting in the negative were Messrs.:
Adams Ballard Baughman Blalock of Clayton Bodenhamer Brackin Burkhalter Chastain Cheek Ellis Flynt Grimsley
Harrison Henderson Hogan Holley Key Kidd Killian King Lam Lee Lokey Mann
Moss Murr McCracken McGibony McWhorter Nilan Ray Rutland Scoggin Smith of Bryan Taylor Todd
1064
JOURNAL OF THE HOUSE,
Underwood Willingham
Willis Wright of Floyd
On the adoption of the Resolution, the ayes were 128, nays 40.
The Resolution, having failed to receive the requisite two-thirds constitu tional majority, was lost.
Mr. Love of Catoosa gave notice that at the proper time he would move that the House reconsider its action in failing to adopt HR 427-1070b.
The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto:
HB 745. By Mr. Ellis of Henry:
A Bill to be entitled an Act to amend an Act incorporating the Town of Hampton; and for other purposes.
The following Senate amendment was read:
Committee on Municipal Government moves to amend HB 745 as follows:
By striking Section 1 in its entirety and inserting in lieu thereof a new Section 1 to read as follows:
"Section 1. An Act incorporating the Town of Hampton in the County of Henry, approved August 23, 1872 (Ga. Laws 1872, p. 206), as amended, particularly by an Act approved August 26, 1891 (Ga. Laws 1890-91, vol. 2, p. 710), and an Act approved August 22, 1907 (Ga. Laws 1907, p. 692), is hereby amended by striking Section 1 in its entirety and inserting in lieu thereof a new Section 1 to read as follows:
"Section 1. Be it further enacted by the authority aforesaid, That the name of said municipality be changed from the Town of Hampton, to the city of Hampton, and that the municipal govern ment of the said city of Hampton shall be vested in a mayor and six councilmen, who are hereby constituted a body corporate, under the name and style of mayor and council of the city of Hampton, and by that name and style shall have perpetual succession, and shall in said name be capable to sue and be sued, plead and be impleaded in any court of law or equity in this State; shall have the power to lease, hold, receive, purchase, enjoy, possess and retain to themselves, and their successors for the use and benefit of said city any estate or estates, real or personal, of whatever kind or name, within the limits of said ciiy and to sell, alien, exchange, lease or convey the same or any part thereof, and to make all contracts, and do all other Acts relating to their corporate capacity, consistent with the Constitution and laws of said State. The corpo rate limits of the said city of Hampton, in the County of Henry shall extend and embrace a one mile radius from the center of the railroad crossing, near the old depot of the Central of Georgia Railroad in said city, said one mile radius beginning at the inter section of said one mile radius with the north right of way line of
TUESDAY, FEBRUARY 18, 1958
1065
the Turnipseed Road and extending in a clockwise direction to the west right of way line of the Central of Georgia Railroad extending South from Hampton toward Griffin and Macon; thence increasing from a one mile radius to a 1% mile radius from the above men tioned center of the railroad crossing near the old depot of the Central of Georgia Railroad in said city, and shall extend and embrace a 1% mile radius beginning at the west right of way line of said Railroad and extending in a clockwise direction to the north right of way line of the Turnipseed Road, and thence eastward along the north right of way line of the Turnipseed Road, and thence eastward along the north right of way line of the Turnipseed Road to the beginning point of the one mile radius."
Mr. Ellis of Henry 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 745 was agreed to.
Under the order of business established by the Committee on Rules, the fol lowing Resolution of the House was taken up for consideration and read the third time:
HR 159-505a. By Mr. Rowland of Johnson:
A Resolution to relieve Chester H. Jones as surety; 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.:
Bagby Barber Barrett Birdsong Black Blalock of Coweta Bradley Brennan Brooks of Oglethorpe Broome Budd Busbee Carlisle Carr
Cheatham Cheek Cloud Coalson Cocke Duncan Echols Eyler Floyd Flynt Fordham Fowler of Douglas Frazier Fuqua
Gowen Griffith Grimsley Gross of Stephens Hall of Floyd Hall of Lee Hardaway Harper Harrison Hawkins Helms Henderson Hodges of Ware Hogan
1066
JOURNAL OF THE HOUSE,
Holcombe Holley Holloway Huddleston Irvin Jessup Jones of Wayne Jones of Laurens Jones of Sumter Kelley Kennedy Key Kidd Lam Larkins Lindsey Lokey Lott Love Mackay Mann Martin Matthews Miles
Miller of Elbert Moss Murphy Musgrove McCracken McGibony McKenna McWhorter Newton Nichols Palmer Parker of Ware Pelham Perkins Peters Phillips of Columbia Phillips of Walton Pickard Pickett Raulerson Rodgers of Charlton Rogers of Heard Ross Rowland
Rutland Scoggin Sheffield Short Smith of Emanuel Smith of Pulton Souter Stephens Story Tabb Tamplin Tarpley Taylor Truelove Twitty Underwood Walker of Lowndes Walker of Telfair Watson Willingham Wright of Floyd Wright of Dodge Yandle Young
On the adoption of the Resolution, the ayes were 114, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has passed as amended by the requisite constitutional majority the following Bills of the House to wit:
HB 820. By Mr. McKenna of Bibb:
A Bill to be entitled an Act to amend an Act establishing the State Employees' Retirement System; and for other purposes.
The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has passed by substitute by the requisite constitutional majority the following Bill of the House to wit:
HB 946. By Messrs. Moate of Hancock, Hawkins of Screven and others:
A Bill to be entitled an Act to create the Stone Mountain Memorial Association as a body corporate and politic; and for other purposes.
TUESDAY, FEBRUARY 18, 1958
1067
The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto:
HB 986. By Messrs. Lanier of Candler, Tamplin of Morgan and others:
A Bill to be entitled an Act to amend an Act creating the Milk Control Board; and for other purposes.
The following Senate substitute was read:
AN ACT
To amend an Act creating the Milk Control Commission and de fining its powers, duties, membership, and regulating the sale of milk, approved March 30, 1937 (Ga. Laws 1937, p. 247), as amended, par ticularly by an Act approved March 9, 1945 (Ga. Laws 1945, p. 410), an Act approved February 8, 1951 (Ga. Laws 1951, p. 47), an Act approved February 11, 1952 (Ga. Laws 1952, p. 55), and an Act ap proved March 8, 1957 (Ga. Laws 1957, p. 342), so as to provide that the license fee shall not be applicable to surplus milk; to provide for the collection of license fees and the procedure connected therewith; to provide for a three year milk base and a procedure for the transition from a one to a three year base; to provide for changing the provisions of this Act as to a three year average milk base; to provide for the establishing of a base for a new producer and the procedure connected therewith; to provide for the transfer of the base of an established producer and the procedure connected therewith; to declare legislative intent with respect to and clarify the effect of elections to determine the applicability of this Act within milk sheds; to provide for reports of examination of records of a distributor or producer-distributor; to clarify the provisions as to privileged information; to authorize the adulteration of milk possessed by persons in violation of this Act; to define terms; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1
An Act creating the Milk Control Commission and defining its powers, duties, membership, and regulating the sale of milk, approved March 30, 1937 (Ga. Laws 1937, p. 247), as amended, particularly by an Act approved March 9, 1945 (Ga. Laws 1945, p. 410), an Act ap proved February 8, 1951 (Ga. Laws 1951, p. 47), an Act approved February 11, 1952 (Ga. Laws 1952, p. 55), and an Act approved March 8, 1957, (Ga. Laws 1957, p. 342), is hereby amended by striking from Section 5 the words, "If, in any such election, a majority of the votes cast shall be favorable thereto, the provisions of this Act shall there upon apply within such milk shed and shall remain in force throughout the remaining life of this Act unless a majority of those entitled to vote shall petition the Commission to remove its orders and withdraw the provisions of such milk shed, in which instance the Commission shall withdraw its provisions and orders from such milk shed." and inserting in lieu thereof the following words:
"If, in any such election conducted for any milk shed under the provisions of this Act as existing at the time thereof, a majority of the votes cast shall be favorable thereto, the provisions of this
1068
JOURNAL OF THE HOUSE,
Act, as then or thereafter amended, shall apply within such milk shed and shall remain in force until a majority of those entitled to vote therein shall petition the Commission to declare the provivisions of this Act inapplicable in such milk shed, in which event, the Commission so shall declare, and thereafter the provisions of this Act shall not be applicable within such milk shed. The amend ment of this Act in 1951 designating the superior court judges to supervise elections hereunder or any other amendment hereto shall not be construed as heretofore or hereafter repealing the applica bility of this Act in any milk shed to which it applied at the time of any such amendment. This amendment to Section 5 of said Act is declaratory of legislative intent when heretofore the Milk Con trol Act has been amended and shall not be construed as indicating any previous contrary legislative intent."
so that Section 5, as so amended, shall read:
"Section 5. Upon its organization, the Commission shall desig nate natural marketing areas within the State, each of which shall constitute a milk shed, and the Commission may, from time to time thereafter designate additional milk sheds or combine two or more milk sheds in which this Act is effective; provided, how ever, that no two or more milk sheds, once having been designated by the Commission as such, shall be combined until the Commission shall call an election to be held in such milk sheds and unless a majority of these voting in each milk shed shall vote in favor of such combination; such election shall be held according to the procedure hereinafter set out for elections to determine whether or not this Act shall be applicable within the several milk sheds. After the designation of any milk shed and upon petition of the Commission therefor, the Commission shall notify in writing the judge of the superior court in whose circuit the milk shed is located that a petition has been filed for the holding of an election within such milk shed to determine whether or not the provisions of the Act shall be made applicable within such milk shed, whereupon it shall be the duty of the judge of the superior court to appoint two persons for holding said election in a milk shed; however, if the designated milk shed is located in more than one judicial cir cuit the judge in each judicial circuit affected shall appoint one person in their respective districts to hold and supervise the elec tion. The persons appointed to hold said elections shall declare and certify the result to the appointing judge or judges and said judge or judges shall certify the result of said election to the Commission. Each producer, producer-distributor, and distributor having a municipal or county permit to sell milk within the milk shed shall be entitled to one vote only. If, in any such election conducted for any milk shed under the provisions of this Act as existing at the time thereof, a majority of the votes cast shall be favorable thereto, the provisions of this Act, as then or thereafter amended, shall apply within such milk shed and shall remain in force until a majority of those entitled to vote therein shall petition the commission to declare the provisions of this Act inapplicable in such milk shed, in which event, the Commission so shall declare, and thereafter the provisions of this Act shall not be applicable within such milk shed. The amendment to this Act in 1951 desig nating the superior court judges to supervise elections hereunder or any other amendment hereto shall not be construed as hereto-
TUESDAY, FEBRUARY 18, 1958
1069
fore or hereafter repealing the applicability of this Act in any milk shed to which it applied at the time of any such amendment. This amendent to Section 5 of said Act is declaratory of legislative intent when heretofore the Milk Control Act has been amended and shall not be construed as indicating any previous contrary legislative intent. The Commission shall advertise each election and make reasonable rules governing the conducting thereof. The decision of the Commission as to the results of any such election shall be final, but the provisions of this Act shall not apply within any part of this State except within any milk shed wherein a favorable election has been held as provided in this section. Upon holding a similar favorable election within the territory proposed to be added to any existing milk shed, the Commission may enlarge the geographical limits of any existing milk shed and thereupon the provisions of this law and all orders, rules, and regulations of the Commission then in effect in said existing milk shed shall be come effective in the milk shed as so enlarged. The Commission, in its discretion, at any time, may reduce the geographical limits of any existing milk shed. It is not the intention of this Act to limit its applicability to the geographical territory embraced in a milk shed; the specific intention of this Act is to provide for the complete economic regulation of all milk in any manner whatso ever handled, sold, distributed or consumed in any milk shed from the time of its production through its consumption, including any sales thereof outside of the milk shed prior to the milk entering the milk shed, That the expense of holding any election under the terms of this Act shall be defrayed from funds of the Milk Control Commission."
SECTION 2
Said Act, as amended, is further amended by striking Section 8 in its entirety and in lieu thereof inserting the following:
"Section 8. For the purpose of enforcing this Act, the Com mission, acting through the Chairman or an authorized agent, shall have access to, and may enter at all reasonable hours, all places where milk is being sold, offered for sale, stored, bottled, or manu factured into food products. The Commission, acting through the Chairman or an agent authorized by it, shall have power to inspect all books, papers, records, or documents in any place within the State for the purpose of ascertaining facts to enable the Commis sion to administer this Act.
"The members of the Commission, the chairman, and any other person having possession of such information pursuant to the pro visions of this Act, shall not divulge to any person, firm, or corporation the contents of any documents, papers, or record ex amined by any of them in the performance of their duties hereunder, or any information obtained by any of them in the course of his investigations, except as may be necessary or proper to ad minister and enforce the provisions of this Act, as may be perti nent to any hearing or proceeding before the commission or any member, officer, or representative thereof, as may be proper in any court, to the Department of Agriculture for use in administer ing the milk laws of this State, and to producers, upon written request by such producer, and any person violating the provisions
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of this section shall be deemed to violate this Act and be subject to the provisions of Section 23 hereof.
"Whenever the chairman or the commission shall cause the books and records of a distributor or producer-distributor to be examined, the distributor or producer-distributor and producers concerned shall be notified of the results thereof within sixty days from the completion of such examination."
SECTION 3
Said Act, as amended, is further amended by striking Section 11 in its entirety and in lieu thereof inserting the following:
"Section 11. All persons required by this Act to be licensed shall pay such uniform license fees as may be fixed by the Com mission as follows: Each store shall pay an annual fee in advance, not to exceed Two Dollars and Fifty Cents ($2.50). Each producer shall pay a fee not in excess of two cents for each one hundred pounds of milk produced. Each producer-distributor shall pay a fee, not in excess of two cents for each one hundred pounds of milk produced or received by him for any producer, producer-distributor or distributor. Each distributor shall pay a fee, not in excess of two cents for each one hundred pounds of milk received.
"Fees of producers shall be deducted from amounts payable to them for milk and remitted monthly to the Commission by the persons purchasing milk from the producer; amounts so deducted, until remitted, shall be held in trust as public funds for the benfit of the State of Georgia, subject in all respects to civil and criminal provisions of law applicable to misappropriation or failure to ac count for public funds of the State. Fees of producer-distributors and distributors shall be paid to the Commission monthly. All annual fees shall be due and payable in advance on or before the tenth day of each calendar year. All monthly fees shall be due and payable on or before the tenth day of the following calendar month. Fees not paid on the last day of the calendar month in which due and payable shall be considered as delinquent. All de linquent license fees may be collected by the State Revenue Com missioner in the same manner and subject to all of the same terms and conditions as provided by law for the collection of other delinquent taxes payable to the State. The license fees herein provided shall not be applicable to surplus milk; 'surplus milk' being that milk that is not used by a distributor or producerdistributor for processing or bottling into fluid whole, skimmed, chocolate or flavored milk or drink, buttermilk, fluid cream, ice cream, ice milk, egg nog or other dessert, ice cream or ice cream mixes."
SECTION 4
Said Act, as amended, is further amended by striking sub-section (ii) of Paragraph (d) of Section 19 in its entirety and inserting in lieu thereof the following:
"(ii) To promote a proper balance between supply and de mand. Each such order shall provide that the price to be paid to producers shall be upon such base-excess and utilization plan as the Commission shall determine advisable, including the following
TUESDAY, FEBRUARY 18, 1958
1071
provisions. For each milk shed there shall be established an annual producer based period; said base period shall be not less than four consecutive calendar months and shall be that period which the Commission shall determine the supply of milk to ap pear most nearly the normal demand for fluid consumption. The beginning date of such base period for any milk shed shall not be modified except after notice in writing thereof mailed to each licensed producer in such milk shed at least twelve months prior to the different beginning date the Commission intends to estab lish. The producers milk base to be used in computing the price to be paid to producers shall be a three year average of the annual base; provided, however, in order to effectuate the tran sition into the three year average milk base, the 1958 annual milk base shall constitute the said average milk base. The 1959 average milk base shall be ascertained by averaging the 1959 annual milk base with two-thirds of the 1958 annual milk base with the 1958 annual milk base is multiplied by three. The results of the average from the preceding sentence shall be the 1959 average milk base. The 1959 average milk base shall be ascertained by averaging the 1958, 1959 and 1960 annual milk bases. Thereafter, the average milk base shall be determined by averaging the three most current annual milk bases. An average milk base shall be effective at the end of the base period for the next twelve months.
"A licensed producer and a licensed distributor or producerdistributor may agree to the transfer of his established average milk base to another milk shed after thirty days' notice has been given to all producers who supply the distributor or producerdistributor that he is transferring to.
"A new producer in a milk shed and a distributor may estab lish a base by agreement after giving thirty days' notice to all pro ducers who supply the distributor. The first annual base shall constitute the average milk base as described above and, in the event the producer does not earn an annual base as large as the agreed amount, then he must use the actual annual earned base.
"All milk received by a distributor or producer-distributor during any pay period which is not part of such an established annual base period from any licensed producer in excess of the aforesaid average of such producer's 'base milk' and from any source except from producers licensed hereunder to sell in the milk shed shall constitute excess milk during such pay period. Each price establishing order shall establish respective prices pay able to producers for milk utilized by the purchaser in two or more use classifications, as determined and defined by the Commission, whereby the highest price is applicable to milk resold for human consumption as fluid whole milk and the lowest price is applicable to milk received by purchaser which cannot be resold or can be used only for manufacturing into a product such as cheese or ice cream. Each such order further shall provide that all milk used by the purchaser for the highest or higher priced classification or classifications shall be deemed to have been used, pro-rata, first from base milk received from licensed producers and from excess milk only after such base milk has been allotted to such classificacation or classifications, and that all milk used by the purchaser for the lowest or lower price classification or classifications shall
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JOURNAL OF THE HOUSE,
be deemed to have been used, pro-rata, first from base milk only when total base milk exceeds the uses in the higher priced classifi cation or classifications. Producer prices established hereunder may be subject to adjustment up or down on account of butterfat content respectively in excess of or less than an average standard, provided that purchasers not equipped to weigh and test milk re ceived may be permitted to purchase upon a reasonable comparable flat gallonage basis without butterfat differential adjustment.
"The provisions of this sub-section as to a three year average milk base shall be applicable in a milk shed until a majority of the license producers in any milk shed shall petition the Commission to abandon as to that milk shed the three year average milk base. Upon the filing of such a petition, the Commission shall prescribe the method of establishing producers' bases and the base making period or periods therefor at any time. It is the purpose of this' paragraph to provide that a majority of the producers in a milk shed may elect whether to remain on a three year average milk base period or to remain on a base and base making period, as prescribed by the Commission. A majority of the license producers in any milk shed may elect whether to operate under the three year average milk base or on a base as determined by the Com mission.
SECTION 5
Said Act, as amended, is further amended by striking from Section 23 sub-paragraph (c) in its entirety and in lieu thereof inserting the following:
"(c) Whenever it shall appear that any person has sold milk in any milk shed in which the provisions of this Act apply and such person shall not hold a currently effective license so to sell milk as herein provided, the chairman, using such force as is neces sary, at any time or from time to time thereafter, may cause any milk in the possession of such person within the milk shed to be adulterated with an appropriate tasteless coloring substance which is not injurious to persons or animals, but which clearly will identify such milk as being unlawful to sell for human consump tion. The chairman first shall give such person written notice of his intent so to act at least ten (10) days prior thereto, and if such person, within eight (8) days after such notice is served upon him, shall apply for a license and shall pay all license fees due and payable by him, the chairman shall not proceed so to adulterate any of such person's milk unless and until the application shall be denied for cause after opportunity for hearing as hereinabove provided."
SECTION 8
All laws and parts of laws in conflict with this Act are hereby repealed.
Mr. Lanier of Candler moved that the House agree to the Senate substitute.
On the motion to agree, the roll call was ordered and the vote was as follows:
TUESDAY, FEBRUARY 18, 1958
1073
Those voting in the affirmative were Messrs.
Adams Bagby Ballard Barber Barrett Baughman Black Blalock of Coweta Blalock of Clayton Bodenhamer Brackin Brennan Brooks of Oglethorpe Brooks of Fulton Broome Budd Burkhalter Busbee Cagle A. Campbell of
Walker W. Campbell of
Walker Carlisle Carr Cheatham Cheek Cloud Coalson Cocke Dorminy Duncan Echols Ellis Eyler Floyd Fordham Fowler of Douglas Fowler of Treutlen Frazier Fuqua Gowen Green of Rabun Griffith Grimsley Gross of Stephens Hall of Floyd Hall of Lee
Hardaway Harper Harrison Hawkins Helms Henderson Hodges of Ware Hogan Holley Holloway Huddleston Hurst Ingle Irvin Jessup Johnson Jones of Laurens Jones of Sumter Kelley Kennedy Key Kidd Killian King Lam Lancaster Land Lanier Larkins Lee Lokey Long Lott Love Mackay Mann Martin Matthews Miles Miller of Elbert Mobley Moorman Morris Moss Murphy Murr Musgrove McClelland
McCracken Neese Nichols Nilan Palmer Parker of Ware Parker of Appling Pelham Perkins Peters Phillips of Columbia Phillips of Walton Pickett Raulerson Ray Rodgers of Charlton
Rogers of Heard Ross Rowland Scoggin Sivell Smith of Emanuel Smith of Fulton Smith of Whitfield Smith of Bryan Souter Stephens Story Summers Tabb Tamplin Tarpley Taylor Todd Truelove Twitty Underwood Walker of Lowndes Walker of Telfair Watson Weems Willingham Winkle Wright of Floyd Wright of Dodge Yandle
On the motion to agree, the ayes were 140, nays 0.
The Senate substitute to HB 986 was agreed to.
Under the order of business established by the Committee on Rules, the
1074
JOURNAL OF THE HOUSE,
following Bill of the House was taken up for consideration and read the third time:
HB 1102. By Messrs. Broome of Bacon, Walker and Budd of Lowndes:
A Bill to be entitled an Act to amend an Act known as the Uniform Narcotic Drug Act; and for other purposes.
An amendment offered by Mr. Killian of Glynn was read and withdrawn.
Mr. Busbee of Dougherty moved that further consideration of HB 1102 be postponed until tomorrow morning, February 19, 1958.
On the motion to postpone, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.
Bagby Blalock of Clayton Bradley Brennan Busbee Cagle Carr Cheatham Cloud Coalson Dorminy Ellis Eyler Gowen Greene of Bartow Griffith Gunter Harper Harrison Helms Hodges of Ware Holloway Huddleston Ingle Irvin Johnson
Jones of Sumter Jones of Crawford Kelley Kennedy Key Killian Lancaster Lee Lokey Long Lott Love Mackay Matthews Miller of Elbert Murphy
Murr Musgrove McGibony Nichols Orr Overby Palmer Parker of Ware Phillips of Walton Pickett
Ray Rogers of Heard Ross Rowland Scoggin Sivell Smith of Whitfield Smith of Bryan Souter Stephens Story Summers Tabb Tarpley Taylor Todd Truelove Twitty Underwood Walker of Telfair Wells Wilson Winkle Wright of Dodge
Those voting in the negative were Messrs.:
Adams Alien Ballard Barber Baughman Blalock of Coweta Bodenhamer Brooks of Fulton Broome
Budd Burkhalter W. Campbell of
Walker Carlisle Carswell Fellows Frazier Fuqua
Grimsley Hawkins Hogan Holcombe Jessup Jones of Laurens Larkins Mann Miles
TUESDAY, FEBRUARY 18, 1958
1075
Mobley Moorman Morris McClelland McKenna Newton Odom Payton
Perkins Pettey Raulerson Reed Roberts Rodgers Sheffield Smith of Fulton
Tamplin Veal Walker of Lowndes Willingham Wooten Yandle
On the motion to postpone, the ayes were 76, nays 48.
The motion prevailed, and the Bill was postponed until Wednesday morning, February 19, 1958.
The following Resolution of the House was read the third time and adopted:
HR 479. By Mr. Pelham of Schley:
A Resolution to create a committee of the House to study matters re lating to traffic safety; and for other purposes.
Under the order of business established by the committee on Rules, the fol lowing Bills and Resolution of the House were taken up for consideration and read the third time:
HR 447-1109f. By Mr. Lanier of Candler:
A RESOLUTION
Proposing an amendment to the Constitution, so as to provide for the payment of One Hundred Thousand ($100,000.00) Dollars in con nection with the eradication of the boll weevil in this State; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1
Article VII, Section I, Paragraph II, Subparagraph I of the Con stitution relating to gratuities, as amended, is hereby amended by adding at the end thereof the following:
"The General Assembly is authorized to provide by law for the payment of One Hundred Thousand ($100,000.00) Dollars to the first person, firm or corporation or combination thereof, who shall devise, invent, discover or otherwise develop a practical method to eradicate the boll weevil in this State at a reasonable cost. The Commissioner of Agriculture, the Director of Entomology and the Director of Experiment Station of the College of Agriculture are hereby vested with authority to determine whether the method developed is practical and whether the boll weevil may be eradi cated at a practical cost by the use of any such method. The Gen eral Assembly shall provide for the method of payment by the Governor."
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JOURNAL OF THE HOUSE,
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, such pro posed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"For ratification of amendment to the Constitution so as to authorize the payment of One Hundred Thousand ($100,000.00) Dollars to the first person, firm or corporation developing a practi cal method for eradicating the boll weevil at a reasonable cost.
"Against ratification of amendment to the Constitution so as to authorize the payment of One Hundred Thousand ($100,000.00) Dollars to the first person, firm or corporation developing a practi cal method for eradicating the boll weevil at a reasonable cost."
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 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 Bagby Ballard Barber Barrett Baughman Blalock of Coweta Blalock of Clayton Bodenhamer
Boggs Bradley Brennan Brooks of Oglethorpe Brooks of Fulton Broome Budd Burkhalter Busbee Cagle
Caldwell A. Campbell of
Walker W. Campbell of
Walker Carlisle Carr Carswell Cheatham Cheek
TUESDAY, FEBRUARY 18, 1958
1077
Coalson Crummey Dorminy Duncan Ellis Eyler Floyd Flynt Fordham Fowler of Douglas Fowler of Treutlen Frazier Gowen Greene of Bartow Griffith Grimsley Gross of Dade Hall of Floyd Hardaway Harper Harrison Hawkins Helms Henderson Hodges of Ware Hogan Holloway Huddleston Ingle Irvin Jessup Johnson Jones of Laurens Jones of Sumter Jones of Crawford Kelley Kennedy Key Kidd
Killian
Lam
Lancaster
Lanier
Larkins
Lee
Lokey
Long
Lott
Mackay
Mann
Martin
Matthews
Miles
Miller of Elbert
Mobley
Moorman
Morris
Moss
Murphy
Murr
Musgrove
McClelland
McCracken
McWhorter
Newton
Nichols
Nilan
Odom
Orr
Overby
Palmer .
Parker of Ware
Parker of Appling
Pelham
Perkins
Pettey
Phillips of Walton
Pickett
Raulerson Ray Roberts Rodgers of Charlton Rogers of Heard Rowland Rutland Scoggin Sheffield Short Sivell Smith of Emanuel Smith of Fulton Smith of Whitfield Smith of Bryan Souter Stephens Story Summers Tabb Tamplin Tarpley Taylor Twitty Underwood Veal Walker of Lowndes Walker of Telfair Watson Weems Wells Willingham Winkle Wooten Wright of Floyd Wright of Dodge Yandle
Voting in the negative was Mr. McKenna.
On the adoption of the Resolution, the ayes were 143, nays 1.
The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.
HB 984. By Messrs. Twitty of Mitchell and Hogan of Laurens:
A Bill to be entitled an Act to amend an Act relating to the venue of suits against insurance companies; and for other purposes.
The previous question was ordered.
The main question was ordered.
1078
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 roll call was ordered and the vote was as
follows:
Those voting in the affirmative were Messrs.
Adams Bagby Ballard Barber Barrett Baughman Blalock of Coweta Bodenhamer Boggs Brackin Bradley Brooks of Oglethorpe Budd Burkhalter Busbee Cagle Caldwell Carlisle Carr Carswell Cloud Coalson Echols Ellis Floyd Flynt Fowler of Douglas Gowen Greene of Bartow Griffith Grimsley Hardaway Harper Harrison Hawkins Henderson Hodges of Ware
Hogan Holloway Huddleston Hurst Ingle Irvin Jessup Johnson Jones of Laurens Jones of Sumter Jones of Crawford Kelley Kennedy Key Kidd King Lancaster Lanier Lokey Long Lott Mann Matthews Miles Miller of Elbert Mobley Moorman Morris Moss Musgrove McClelland McCracken Newton Nichols Nilan Odom Overby
Palmer Parker of Ware Pelham Perkins Peters Pettey Phillips of Walton Pickett Raulerson Ray Reed Rodgers of Charlton Rogers of Heard Rowland Rutland Sheffield Sivell Smith of Emanuel Smith of Fulton Smith of Bryan Stephens Story Tabb Tamplin Tarpley Taylor Todd Twitty Underwood Veal Walker of Lowndes Walker of Telfair Wells Willingham Wooten Wright of Dodge Yandle
Those voting in the negative were Messrs.:
Alien Brennan
Murphy
Parker of Appling
On the passage of the Bill, the ayes were 111, nays 4.
The Bill, having received the requisite constitutional majority, was passed.
TUESDAY, FEBRUARY 18, 1958
1079
HR 263-662m. By Messrs. Kidd and Griffith of Baldwin:
A Resolution authorizing the Personnel Director of the Milledgeville State Hospital or some person designated by the Superintendent of said institution, to inform employees of the rights under the State Merit 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 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 Ballard Barber Barrett Baughman Bodenhamer Boggs Bradley Brennan Brooks of Oglethorpe Brooks of Fulton Broome Budd Burkhalter Cagle Caldwell Carlisle Carr Carswell Chastain Cheatham Cheek Cloud Duncan Ellis Eyler Fowler of Douglas Fowler of Treutlen Gowen Greene of Bartow Griffith Grimsley Hall of Floyd Harper Harrison Henderson Hodges of Ware
Hogan Holloway Ingle Johnson Jones of Laurens Jones of Sumter Jones of Crawford Kelley Kennedy Kidd Killian Lam Lancaster Lanier Lokey Long Love Mackay Mann Matthews Miles Miller of Elbert Mobley Moorman Morris Moss Murphy Murr Musgrove McClelland McCracken Neese Newton Nichols Nilan Odom Overby Palmer
Parker of Appling Payton Pelham Perkins Pettey Phillips of Walton Raulerson Reed Rodgers of Charlton Rogers Rutland Scoggin Sheffield Smith of Emanuel Smith of Fulton Smith of Whitfield Smith of Bryan Souter Stephens Summers Tabb Tamplin Tarpley Taylor Todd Twitty Veal Walker of Lowndes Wells Willingham Willis Wilson Winkle Wooten Wright of Floyd Wright of Dodge Yandle
1080
JOURNAL OP THE HOUSE,
Voting in the negative was Mr. Pickett.
On the adoption of the Resolution, the ayes were 113, nays 1.
The Resolution, having received the requisite constitutional majority, was adopted.
Under the order of business established by the Committee on Rules, the following Bill of the House was again taken up for consideration:
HB 903. By Messrs. Hawkins of Screven, Sheffield of Brooks and Jessup of Bleckley:
A Bill to be entitled an Act to amend Code Section 95-1909 pertaining to the maintenance of overpasses and underpasses; and for other purposes.
The following committee substitute was read and adopted:
AN ACT
To amend Code Section 95-1909 pertaining to the maintenance of overpasses and underpasses, which have been constructed in the elimi nation of grade crossings, as amended, particularly by an Act approved February 17, 1950 (Ga. Laws 1950, p. 419), so as to provide that as to such overpasses or underpasses which are not constructed for the purpose of eliminating grade crossings but for the purpose of carrying new and additional highways of the Federal Aid Highway Systems, over or under existing railroads, the railroads concerned shall not be responsible for maintenance; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1
Code Section 95-1909 which pertains to the maintenance of over passes and underpasses constructed under what is known as the Gradecrossing Elimination Law, as the same was amended by an Act approved February 17, 1950 (Ga. Laws 1950, p. 419) is amended further by in serting after the words "August 23, 1927" in subsection (a) of said Section the following: "for the purpose of elimination of grade-cross ings". Said Section is further amended by adding to said Section a new subsection to be numbered subsection (e) and reading as follows: "(e) Notwithstanding the foregoing, when an overpass or underpass has been constructed, not for the purpose of eliminating an existing grade crossing by relocation or change of grade, as provided in this Chapter, but for the purpose of creating a new and additional highway crossing over an existing railroad for any of the roads provided for under the provisions of the 'Federal Aid Highway Act of 1944 with Acts amendatory thereof, and supplementary thereto, the maintenance of such overpass or underpass shall not be the responsibility of the railroad, provided however, that nothing herein contained shall be so construed as to in any manner change or broaden the definition of a 'bridge', as set forth in Section 95-1001 of the Code of Georgia of 1933, as amended, not to create any legal liability upon the part of the State
TUESDAY, FEBRUARY 18, 1958
1081
of Georgia or any political subdivision thereof for the defective con struction or maintenance of any such underpass."
So that said Section when so amended shall read as follows:
"95-1909. Maintenance of overpass or underpass.--
(a) It shall be the duty of the Department in the case of State roads, to maintain all overpasses as defined by section 95-1901, hereafter constructed or which have been constructed or substan tially reconstructed since August 23, 1927, for the purpose of the elimination of grade-crossings even though such overpasses may have been constructed or reconstructed wholly or in part with Federal funds.
(b) It shall be the duty of the railroad company or companies to maintain underpasses, as defined by section 95-1901, hereafter constructed or which have been constructed or substantially recon structed since August 23, 1927, except the lighting, drainage, and pavement of the roadway thereunder which forms a part of the highway or public road.
(c) All maintenance herein required by the department shall be at the expense of the Department, and all maintenance herein required by the railroad or railroads shall be at the expense of such railroads: Provided, however, the duty of maintenance im posed upon the Department by this section shall not operate to subject the department to liability on account of damages resulting from any failure of such maintenance.
(d) Notwithstanding the foregoing, the duty and obligation of maintaining overpasses on county public roads shall remain and continue as provided by the original section 95-1909 of the Code of 1933, but the burden of maintenance of underpasses on such county roads shall be as provided by this section; and where an overpass on any county road is constructed with a floor or wood, it shall be the duty of the railroad or railroads to maintain such floor at its or their own expense.
(e) Notwithstanding the foregoing, when an overpass or under pass has been constructed, not for the purpose of eliminating an existing grade crossing by relocation or change of grade, as pro vided in this Chapter, but for the purpose of creating a new and additional highway crossing over an existing railroad for any of the roads provided for under the provisions of the 'Federal Aid Highway Act of 1944 with Acts amendatory thereof and supple mentary thereto the maintenance of such overpass or underpass shall not be the responsibility of the railroad, provided, however, that nothing herein contained shall be so construed as to in any manner change or broaden the definition of a 'bridge', as set forth in Section 95-1001 of the Code of Georgia of 1933, as amended, nor to create any legal liability upon the part of the State of Georgia or any political subdivision thereof for the defective con struction or maintenance of any such underpass."
SECTION 2
All laws and parts of laws in conflict with this Act are hereby repealed.
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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, 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.
Adams Alien Ballard Barber Barrett Baughman Blalock of Coweta Blalock of Clayton Bodenhamer Brackin Bradley Brennan Brooks of Oglethorpe Brooks of Fulton Broome Budd Busbee Cagle Caldwell Carlisle Carswell Chastain Cheatham Cheek Cloud Coalson Duncan Ellis Eyler Flynt Fordham Fowler of Douglas Fowler of Treutlen Greene of Bartow Griffith Grimsley Harper Harrison Henderson
Hodges of Ware Hogan Holloway Huddleston Ingle Jessup Johnson Jones of Lumpkin Jones of Laurens Jones of Sumter Jones of Crawford Kelley Kennedy Key Kidd Killian Lam Lancaster Lanier Lee Lokey Long Love Mackay Mann Martin Matthews Miles Miller of Elbert Mobley Moorman Morris Murphy Musgrove McClelland McCracken Neese Newton Nichols
Nilan Odom Orr Overby Parker of Appling Payton Perkins Peters Pettey Phillips of Walton Pickett Raulerson Ray Reed Rodgers of Charlton Rogers of Heard Rowland Sheffield Smith of Emanuel Smith of Fulton Smith of Whitfield
Souter Stephens Tabb Tamplin Tarpley Taylor Todd Twitty Walker of Telfair Wells Willingham Willis Winkle Wooten Wright of Floyd Yandle
On the passage of the Bill, by substitute, the ayes were 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
TUESDAY, FEBRUARY 18, 1958
1083
Under the order of business established by the Committee on Rules, the following Bill of the House was taken up for consideration and read the third time:
HB 1135. By Mr. Lanier of Candler:
A Bill to be entitled an Act to amend an Act known as the Georgia Seed Law; and for other purposes.
The following amendment was read and adopted:
Mr. Payton of Coweta moves to amend HB 1135 by adding the word "knowingly" before the word misrepresent.
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 roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.
Alien Bagby Ballard Barber Barrett Baughman Blalock of Coweta Blalock of Clayton Bodenhamer Boggs Brackin Bradley Brennan Brooks of Oglethorpe Brooks of Fulton Busbee Cagle Caldwell Carlisle Carr Carswell Cheatham Cheek Cloud Coalson Duncan Echols Ellis Eyler
Fordham Fowler of Douglas Fowler of Treutlen Gowen Greene of Bartow Griffith Grimsley Hall of Floyd Hardaway Harper Harrison Henderson Hodges of Ware Hogan Holloway Huddleston Hurst Ingle Irvin Johnson Jones of Lumpkin Jones of Laurens Jones of Sumter Jones of Crawford Kelley Kennedy Key Killian Lancaster
Lanier Lee Lokey Long Mackay Mann Martin Matthews Miles Miller of Elbert Mobley Moorman Morris Murphy Murr Musgrove McClelland McKenna Neese Newton Nichols Nilan Odom Parker of Appling Payton Perkins Peters Pettey Pickett
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JOURNAL OF THE HOUSE,
Raulerson Ray Reed Rodgers of Charlton Rogers of Heard Rowland Rutland Scoggin Sheffield Sivell Smith of Emanuel
Smith of Pulton Smith of Whitfield Souter Stephens Summers Tabb Tamplin Tarpley Taylor Todd Twitty
Veal Walker of Lowndes Wells Willingham Wilson Winkle Wooten Wright of Floyd Wright of Dodge Yandle
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.
Mr. Blalock of Coweta moved that the House do now adjourn until 8:30 p.m. tonight.
On the motion to adjourn, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.
Bagby Blalock of Coweta Bodenhamer Carlisle Ellis Hodges of Ware Lanier
Moorman Musgrove McKenna Parker of Ware Parker of Appling Payton Pickett
Rogers of Heard Rowland Sheffield Walker of Lowndes Wilson
Those voting in the negative were Messrs.:
Adams Alien Ballard Barber Baughman
Bradley Brooks of Oglethorpe Budd Burkhalter Busbee Caldwell Carr Carswell Duncan Echols Floyd Fordham Greene of Bartow Griffith
Grimsley Gross of Dade Harper Harrison Hawkins Henderson Hogan Holloway Huddleston Ingle Jessup Johnson Jones of Laurens Jones of Crawford Kelley Kennedy
Key Kidd Killian Lancaster
Lokey Love Mann Matthews Miles Miller of Elbert Mobley Morris Moss Murphy McClelland McCracken Newton Nilan Odom Orr Palmer Pelham Peters Pettey
TUESDAY, FEBRUARY 18, 1958
1085
Raulerson Ray Reed
Rodgers of Charlton Rutland Short Smith of Fulton Smith of Whitfield
Smith of Bryan Souter Stephens
Tabb Tamplin Tarpley Taylor Todd
Twitty Weems Wells
Winkle Wooten Wright of Dodge Yandle
On the motion to adjourn, the ayes were 19, nays 83.
The motion to adjourn was lost.
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 323. By Messrs. Scoggin and Hall of Floyd and others:
Creating the Insurance Laws Revision Committee, and for other pur poses.
The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has passed as amended by the requisite constitutional majority the following Bills and of the House to wit:
HB 753. By Messrs. Kidd and Griffith of Baldwin:
A Bill to be entitled an Act to amend an Act creating a Board of County Commissioners for Baldwin County, to provide compensation for the commissioners; and for other purposes.
HB 897. By Messrs. Matthews of Clarke; Murphy of Haralson and others: A Bill to be entitled an Act to be known as "The State Detention Homes Act"; and for other purposes.
HB 938. By Mr. Veal of Putnam: A Bill to be entitled an Act to amend the Charter of Eatonton relating to Tax Assessors; and for other purposes.
HB 993. By Mr. Barrett of Cherokee: A Bill to be entitled an Act to amend an Act creating the office of Tax Commissioner of Cherokee County; and for other purposes.
The following Bills of the House were taken up for the purpose of consider ing the Senate amendments thereto:
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JOURNAL OP THE HOUSE,
HB 897. By Messrs. Matthews of Clarke, Murphy of Haralson and others:
A Bill to be entitled an Act to amend an Act known as The State Detention Homes Act; and for other purposes.
The following Senate amendment was read:
Senator Trotter of the 37th amends HB 897 as follows:
By striking Section 12 and inserting in lieu thereof '"No juvenile shall be placed in any such detention home without an order of the Juvenile Court or other Court having jurisdiction of said juvenile and it shall be discretionary with such Judge whether any juvenile is held in any of the detention homes."
Mr. Matthews of Clarke moved that the House agree to the Senate amend ment.
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 Bagby Ballard Baughman Blalock of Coweta Bodenhamer Boggs Bradley Brooks of Oglethorpe Broome Budd Busbee Cagle Caldwell W. Campbell of
Walker Carlisle Carr Carswell Cheek Coalson Echols Ellis Eyler Fowler of Douglas
Gowen Greene of Bartow Griffith Grimsley Hall of Floyd Harper Harrison Hawkins
Hodges of Ware Hogan Holloway Ingle Johnson Jones of Laurens Jones of Sumter Jones of Crawford Kelley Kennedy Key Kidd Killian Lanier Lokey Long Lott Mackay Mann Mathews Miles Miller of Elbert Mobley Moorman Morris Murphy Murr Musgrove McClelland McCracken McKenna Newton Nichols Nilan
Odom Orr Overby Palmer Parker of Ware Payton Pelham Perkins Peters Pettey Pickett Raulerson Ray Reed Rodgers of Charlton Rogers of Heard Rowland Rutland Scoggin Sheffield Smith of Emanuel Smith of Fulton Smith of Whitfield Smith of Bryan Souter Stephens Story Summers Tabb Tamplin Tarpley Todd Twitty Veal
TUESDAY, FEBRUARY 18, 1958
1087
Walker of Lowndes Wells Willingham
Wilson Winkle Wooten
Wright of Floyd Yandle Young
On the motion to agree, the ayes were 110, nays 0. The Senate amendment to HB 897 was agreed to.
HB 938. 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 following Senate amendment was read:
Senator Kelly of the 28th moves to amend HB 938, as follows: by adding a new section to be known as "Section 8-A", to read as follows
"Section 8-A. 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 becomes law, it shall be the duty of the mayor and council of the City of Eatonton to issue the call for an election for the purpose of submitting this Act to the voters of the City of Eatonton for approval or rejection.
"The mayor and council shall set the date of such election for a day not less than thirty nor more than forty-five days after the date of the issuance of the call. The mayor and council 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 Putnam County. The ballot shall have written or printed thereon the words:
"For approval of the Act amending the charter of the City of Eatonton, so as to authorize the mayor and council to appoint a Board of Tax Assessors; and for other purposes.
"Against approval of the Act amending the charter of the City of Eatonton, so as to authorize the mayor and council to appoint a Board of Tax Assessors; and for other purposes.
"All persons desiring to vote in favor of the Act shall vote for approval, and those persons desiring to vote for rejection of the Act shall vote against approval. If a majority of the votes cast on such question are for approval of the Act, it shall become of full force and effect. If a majority of the votes cast on such question are against approval of the Act, it shall be void and of no force and effect. The expenses of such election shall be borne by the City of Eatonton. It shall be the duty of the mayor and council to hold and conduct such election. They shall hold such election under the same laws and rules and regulations as govern general elections, except as otherwise provided herein. It shall be the duty of the mayor and council to canvass the returns and de clare and certify the result of the election. It shall be their further duty to certify the result thereof to the Secretary of State."
Mr. Veal of Putnam moved that the House agree to the Senate amendment.
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JOURNAL OF THE HOUSE,
On the motion to agree, the ayes were 105, nays 0.
The Senate amendment to HB 938 was agreed to.
HB 753. By Messrs. Kidd and Griffith of Baldwin:
A Bill to be entitled an Act to amend an Act creating a Board of County Commissioners for Baldwin County; and for other purposes.
The following Senate amendment was read:
The Committee of County and Municipal Government moves to amend HB 753 by striking from the title the words "to provide that the compensation of the commissioners shall be determined by the com missioners in lieu of the grand jury" and the semi-colon following, and by striking Section 2 in its entirety and by striking from the quoted ballot in Section 3 the words "and authorizing said board to determine the compensation of the commissioners" wherever they appear in said ballot.
Mr. Kidd of Baldwin 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 753 was agreed to.
HB 993. By Mr. Barrett of Cherokee:
A Bill to be entitled an Act to amend an Act creating the office of Tax Commissioner of Cherokee County; and for other purposes.
The following Senate amendment was read: Senator Bentley of the 39th moves to amend HB 993 by striking
the words and figures Five Hundred ($500.00) and substitute the words and figures "One Thousand ($1,000.00). and by striking the words "a copy of the plans" and substituting the words "a certified statement of the completion."
Mr. Barrett of Cherokee moved that the House agree to the Senate amend ment.
On the motion to agree, the ayes were 105, nays 0.
The Senate amendment to HB 993 was agreed to.
The following Resolution of the House was read the third time and adopted.
HR 458. By Mr. Neese of Clay: A Resolution to request Congress to change the name of the Fort Gaines Lock and Dam to "Lake Henry-Clay"; and for other purposes.
The following Resolution of the House was read and referred to the Com mittee on Rules:
TUESDAY, FEBRUARY 18, 1958
1089
HR 503. By Messrs. Love of Catoosa, Fowler of Douglas and Hawkins of Screven:
A RESOLUTION
Creating a committee to investigate proposed additional charges to be placed on certain students at the University of Georgia by the administration of said University; and for other purposes.
WHEREAS, it has come to the attention of members of the House of Representatives that the administration of the University of Georgia has announced its intention to place additional charges on students occupying campus dormitories in order to receive additional funds for the construction of future dormitories, and
WHEREAS, none of the students now occupying dormitories at the University of Georgia will occupy any of the new dormitories to be constructed, and
WHEREAS, additional charges placed only on those students occu pying dormitories for the purpose herein stated are discriminatory and are of such a nature that they should be placed on all students at the University or on none at all.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that a committee composed of three (3) mem bers of the House shall be appointed by the Speaker to investigate the reasons for the proposed discriminatory charges. Said committee shall have the power and authority to hold hearings, to issue subpoenas and any and all other powers necessary to carry out the purposes and provisions of this Resolution. Every official and employee of the State shall co-operate with the committee, and the committee shall have access to all records of all State departments for the purposes of this investi gation. The committee shall adopt its own rules and procedure. The committee shall make a report of its findings and recommendations to the Governor and the General Assembly and the public at least one (1) month prior to the convening of the regular 1959 Session of the General Assembly. The committee is authorized to employ clerical assistants to assist it in its study. The members of the committee shall receive a compensation, per diem, allowances and expenses as provided for members of interim committees, but shall receive same for not more than fifteen (15) days. All funds necessary to carry out the purposes and provisions of this Resolution shall come from funds appropriated to the Legislative branch of the government, or any other available funds. The committee shall meet within twenty (20) days after the adjournment of this Session on a day to be agreed upon by a majority of the members for the purposes of organizing and electing a chair man and such other officers as deemed necessary.
The following Resolutions of the House were read and adopted:
HR 504. By Mr. Hawkins of Screven:
A RESOLUTION
WHEREAS, the President's proposed budget for the fiscal year 1958-1959 calls for a ten per cent cut in the strength of the reserve components of the armed forces, despite the fact that the Department
1090
JOURNAL OF THE HOUSE,
of Defense advocates increasing the strength of the reserve components to compensate for reductions in the strength of the active forces; and
WHEREAS, this proposed reduction in the strength of the reserve components follows reductions recently made in the active forces, comes at a time of great international tension, and apparently is based upon other than military decisions; and
WHEREAS, the strength of both the active and reserve com ponents of the armed forces of this nation should be determined by military considerations and not by political considerations or temporary budget balancing measures that will cost much more in the long run than they will save; therefore
BE IT HEREBY RESOLVED that the Governor and the General Assembly of Georgia urgently request the Honorable Richard B. Russell, Chairman of the Senate Armed Services Committee, and the Honorable Carl Vinson, Chairman of the House Armed Services Committee, to sponsor an amendment to the budget proposed by the President, to restore the cuts in the appropriations for the reserve components of the armed forces, and furthermore urge the other members of both houses of the Congress to support this amendment; and
BE IT FURTHER RESOLVED that the Honorable Richard B. Rus sell and the Honorable Carl Vinson also are urged to seek the enactment of legislation to make it mandatory that all funds appropriated by the Congress be made available to the agencies of the government for which they are appropriated, and the Director of the Bureau of the Budget be expressly forbidden to defeat the will of the Congress by withholding from any agency of the government funds provided for it in the budget adopted by the Congress.
HR 505. By Mr. Murr of Sumter:
A RESOLUTION
Commending Police Chief Herbert Jenkins, Lieutenant E. V. For rester and Patrolman B. F. Rains; and for other purposes.
WHEREAS, Chief Herbert Jenkins, Lieutenant E. V. Forrester and Patrolman B. F. Rains of the Atlanta Police Department have served the members of the House during the 1958 Session of the General Assembly, and
WHEREAS, they have always been courteous and willing to per form whatever task was assigned to them and have been most helpful and co-operative, and
WHEREAS, they have assisted the members of this body in many and various ways and have made the Session a more pleasant one for all concerned,
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body wishes to express its appre ciation to Police Chief Herbert Jenkins, Lieutenant E. V. Forrester and Patrolman B. F. Rains for their many kindnesses during this Ses sion and commends them for their services to the members of the House.
BE IT FURTHER RESOLVED that a copy of this Resolution be
TUESDAY, FEBRUARY 18, 1958
1091
transmitted by the Clerk to each of the aforesaid officers, and that an additional copy be transmitted to the Atlanta Police Department for placement on the individual files of each of said officers.
HR 506. By Messrs. Barrett of Cherokee, Irvin of Habersham, Tarpley of Union, Nichols of Towns, and Chastain and Willis of Thomas:
A RESOLUTION
Expressing regret at the passing of Mrs. Mary Kemp Blanton; and for other purposes.
WHEREAS, God in his infinite wisdom on the fifteenth day of February, 1958, called to her reward, Mrs. Mary Kemp Blanton, the mother-in-law of the Honorable Roy Perkins, a member of the House of Representatives from Grady County, and
WHEREAS, Mrs. Blanton, during- her lifetime, exemplified the glorious and true traditions of Southern womanhood and the love of her family and many friends, and
WHEREAS, this House notes with sorrow the passing of this fine lady,
NOW, THEREFORE, BE IT RESOLVED THAT THE HOUSE OF REPRESENTATIVES OF GEORGIA expresses to the members of her family the deepest sympathy upon her passing.
BE IT FURTHER RESOLVED that a copy of this Resolution be sent by the Clerk to the family of Mrs. Blanton.
HR 507. By Messrs. Hawkins of Screven, McClelland of Fulton, Floyd of Chattooga, Lee of Clayton, Ellis of Henry, Moss of Gwinnett and Willingham of Cobb:
A RESOLUTION
WHEREAS, the President's proposed budget for the fiscal year 1958-1959 calls for a ten per cent cut in the strength of the reserve components of the armed forces, despite the fact that the Department of Defense advocates increasing the strength of the reserve components to compensate for reductions in the strength of the active forces; and
WHEREAS, this proposed reduction in the strength of the reserve components follows reductions recently made in the active forces, comes at a time of great international tension, and apparently is based upon other than military decisions; and
WHEREAS, the strength of both the active and reserve com ponents of the armed forces of this nation should be determined by military considerations and not by political considerations or temporary budget balancing measures that will cost much more in the long run than they will save; therefore
BE IT HEREBY RESOLVED that the Governor and the General Assembly of Georgia urgently request the Honorable Richard B. Rus sell, Chairman of the Senate Armed Services Committee, and the Hon orable Carl Vinson, Chairman of the House Armed Services Committee, to sponsor an amendment to the budget proposed by the President, to restore the cuts in the appropriations for the reserve components of
1092
JOURNAL OP THE HOUSE,
the armed forces, and furthermore urge the other members of both Houses of the Congress to support this amendment; and
BE IT FURTHER RESOLVED that the Honorable Richard B. Russell and the Honorable Carl Vinson also are urged to seek the en actment of legislation to make it mandatory that all funds appropriated by the Congress be made available to the agencies of the government for which they are appropriated, and the Director of the Bureau of the Budget be expressly forbidden to defeat the will of the Congress by withholding from any agency of the government funds provided for it in the budget adopted by the Congress.
HR 508. By Messrs. Parker of Appling, Helms of Atkinson, Musgrove of Clinch, Parker and Hodges of Ware, Raulerson of Echols and Moorman of Lanier:
A RESOLUTION
To express regret at the passing of the Honorable Felix Kimmons; and for other purposes.
WHEREAS, the Honorable Felix Kimmons, brother of W. H. Kim mons, Representative of Pierce County, has untimely departed this life; and
WHEREAS, Mr. Kimmons was a Southern gentleman of the old school, loved and respected by all who knew him; and
WHEREAS, this body is deeply shocked at his untimely passing.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does express its deep regret at the untimely passing of the Honorable Felix Kimmons of Eastman, Georgia, and does extend its deepest sympathy to the members of Mr. Kimmons' family.
BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to the family of Mr. Kimmons in Eastman, Georgia, and to the Honorable W. H. Kimmons, Representative of Pierce County.
Mr. Reed of Cobb moved that the House do now adjourn until 10:00 o'clock a.m., tomorrow morning, and the motion prevailed.
The Speaker announced the House adjourned until 10:00 o'clock tomorrow morning.
WEDNESDAY, FEBRUARY 19, 1958
1093
Representative Hall, Atlanta, Georgia. Wednesday, February 19, 1958.
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 C. P. Watson, Pastor of the Concord Baptist Church, Concord, Georgia.
The roll was called and the following members answered to their names:
Adams Alien Bagby Ballard Barber Barrett Baughman Birdsong Black Blalock of Coweta Blalock of Clayton Bodenhamer Boggs Brackin Bradley Brennan Brooks of Oglethorpe Brooks of Fulton Broome Budd Burkhalter Busbee Cagle Caldwell Callier A. Campbell of
Walker W. Campbell of
Walker Carlisle Carr Carswell Chastain Cheatham Cheek Cloud Coalson Cocke Cowart Craven Crummey Dorminy Duncan Echols Elder
Ellis
Eyler Fellows Floyd Fordham Fowler of Douglas Fowler of Treutlen Frazier Fuqua Gowen Green of Rabun Grimsley Gross of Stephens Gunter Hall of Floyd Hall of Lee Hardaway Harper Harrison Hawkins Helms Henderson Hill Hodges of Ware Hodges of Butts Hogan Holley
Holloway Huddleston Hurst Ingle Irvin Jessup Johnson Jones of Worth Jones of Lumpkin Jones of Baker Jones of Laurens Jones of Sumter Jones of Crawford Kelley Kennedy Key Killian Lam
Lancaster Land Larkins Lee Lokey Long Lott Mann Martin Matthews Miles Miller of Twiggs Miller of Elbert Mobley Moorman Morris Moss Mull Murphy Murr Musgrove McClelland McCracken McGibony Neese Newton Nichols Nilan Odom Orr Overby Palmer Parker of Pike Parker of Ware Parker of Appling Payton Pelham Perkins Perry Peters Phillips of Columbia Phillips of Walton Pickett Ramsey Raulerson
1094
JOURNAL OF THE HOUSE,
Ray
Roberts Rogers of Heard Ross Rowland Russell Scoggin Sheffield Short Singer Sivell Smith of Emanuel Smith of Lamar
Smith of Whitfield
Smith of Bryan Stephens Story Summers Tabb Tamplin Tarpley Taylor Todd Truelove Twitty Underwood
Veal
Walker of Lowndes Walker of Telfair Watson Weems Wells Willis Wilson Winkle Wooten Wright of Floyd Wright of Dodge Yandle
Mr. Black of Webster, Chairman of the committee on Auditing, Enrolling & Engrossing, 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.
2. First reading and reference of House Bills and Resolutions.
3. Reports of Standing Committees.
4. Second reading of Bills and Resolutions.
5. Third reading and passage of local Bills and general Bills with local application.
6. First reading and reference of Senate Bills and Resolutions.
By unanimous consent, the following Bill and Resolution of the House were read the first time and referred to the committee:
HB 1178. By Messrs. Chastain and Willis of Thomas:
A Bill to be entitled an Act to amend an Act pertaining to the right of condemnation, etc. by power companies or individuals so as to pro vide that a power company or individual may not exercise the right of eminent domain without the express approval of the Georgia Public Service Commission; and for other purposes.
Referred to the Committee on Judiciary.
HR 509-1178a. By Mr. Bradley of Bartow: A Resolution to compensate W. O. Cagle, Jr.; and for other purposes.
Referred to the Committee on Appropriations.
WEDNESDAY, FEBRUARY 19, 1958
1095
By unanimous consent, the following committee reports were submitted and read:
Mr. Scoggin of Floyd County, Chairman of the Committee on Appropria tions, submitted the following report:
Mr. Speaker:
Your Committee on Appropriations 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 352-838d. Do Pass.
Respectfully submitted,
Scoggin of Floyd,
Chairman.
Mr. Bodenhamer of Tift County, Chairman of the Committee on Education, submitted the following report:
Mr. Speaker:
Your Committee on Education 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 473-1129b. Do Pass as amended.
Respectfully submitted,
Bodenhamer of Tift,
Chairman.
Mr. Twitty of Mitchell County, Chairman of the Committee on Judiciary, submitted the following report:
Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bills of the Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
SB 282. Do Pass.
SB 273. Do Pass.
SB 272. Do Pass.
Respectfully submitted,
Twitty of Mitchell,
Chairman.
Mr. Short of Colquitt County, Chairman of the Committee on Local Affairs, submitted the following report:
Mr. Speaker:
Your Committee on Local Affairs has had under consideration the following
1096
JOURNAL OF THE HOUSE,
Bills of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 1148. Do Pass. HB 1149. Do Pass. HB 1152. Do Pass. HB 1153. Do Pass. HB 1154. Do Pass. HB 1155. Do Pass. HB 1156. Do Pass. HB 1147. Do Pass. HB 1157. Do Pass. HB 1164. Do Pass. HB 1161. Do Pass. HB 1163. Do Pass. HB 1172. Do Pass. HB 1170. Do Pass. HB 1166. Do Pass. HB 1162. Do Pass. HB 1176. Do Pass. HB 1173. Do Pass. HB 1159. Do Pass. HB 1158. Do Pass. HB 1171. Do Pass. HB 1167. Do Pass. HB 1169. Do Pass. HB 1165. Do Pass. HB 1151. Do Pass. HB 1150. Do Pass.
Respectfully submitted, Short of Colquitt, Chairman.
Mr. Short of Colquitt County, Chairman of the Committee on Local Affairs, submitted the following report:
Mr. Speaker:
Your Committee on Local Affairs has had under consideration the following
WEDNESDAY, FEBRUARY 19, 1958
1097
Bills and Resolution 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 288. Do Pass. SB 295. Do Pass. SB 302. Do Pass. SB 303. Do Pass. SB 304. Do Pass by substitute. SB 305. Do Pass. SB 306. Do Pass. SB 308. Do Pass. HR 482-1165a. Do Pass.
Respectfully submitted, Short of Colquitt, Chairman.
Mr. Underwood of Montgomery County, Vice-Chairman of the Committee on Local Affairs, submitted the following report:
Mr. Speaker: Your Committee on Local Affairs has had under consideration the following
Resolution of the Senate and has instructed me as Vice-Chairman to report the same back to the House with the following recommendations:
SR 140. Do Pass as amended.
Respectfully submitted, Underwood of Montgomery,
Vice-Chairman.
Mr. Underwood of Montgomery County, Vice-Chairman of the Committee on Local Affairs, submitted the following report: Mr. Speaker:
Your Committee on Local Affairs has had under consideration the follow ing Bills of the House and Senate and has instructed me as Vice-Chairman, to report the same back to the House with the following recommendations:
SB 309. Do Pass.
SB 310. Do Pass.
SB 311. Do Pass.
SB 301. Do Pass.
1098
JOURNAL OP THE HOUSE,
SB 313. Do Pass. HB 1177. Do Pass.
Respectfully submitted, Underwood of Montgomery, 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 Senate and has instructed me as Chairman, to report the same back to the House with the following considerations:
SB 194. Do Pass.
SB 201. Do Pass.
Respectfully submitted,
Jones of Lumpkin,
Chairman.
Mr. Cocke of Terrell County, Chairman of the Committee on Natural Resources, submitted the following report:
Mr. Speaker:
Your Committee on Natural Resources 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 275. Do Pass.
Respectfully submitted,
Cocke of Terrell,
Chairman.
Mr. Souter of Macon County, Chairman of the Committee on State Insti tutions and Property, submitted the following report:
Mr. Speaker:
Your Committee on State Institutions and Property has had under con sideration 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 297. Do Pass.
Respectfully submitted,
Souter of Macon,
Chairman.
WEDNESDAY, FEBRUARY 19, 1958
1099
Mr. Hawkins of Screven 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
lutions of the House and has instructed me as Vice-Chairman, to report the same back to the House with the following recommendations:
HE 498. Do Pass.
HR 493. Do Pass.
Respectfully submitted,
Hawkins of Screven,
Vice-Chairman.
Mr. Overby of Hall County, Chairman of the Committee on State of Re public, submitted the following report:
Mr. Speaker:
Your Committee on State of Republic has had under consideration the following Bills and Resolution of the Senate and House and has instructed me as Chairman, to report the same back to the House with the following recom mendations :
SB 312. Do Pass.
SB 300. Do Pass.
SB 268. Do Pass.
HR 489. Do Pass.
Respectfully submitted,
Overby of Hall,
Chairman.
Mr. Veal of Putnam County, Chairman of the Committee on Welfare, sub mitted the following report:
Your Committee on Welfare has had under consideration the followingBills of the Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
SB 293. Do Pass. SB 294. Do Pass.
Respectfully submitted,
Veal of Putnam, Chairman.
By unanimous consent, the following Bill of the Senate was read the second time:
1100
JOURNAL OF THE HOUSE,
SB 267. By Senator Trotter of the 37th:
A Bill to be entitled an Act to amend an Act relating to the venue of suits against insurance companies; 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 1177. By Mr. Rowland of Johnson:
A Bill to be entitled an Act to repeal an Act establishing the City Court of Wrightsville; and for other purposes.
SB 268. By Senator Oxford of the llth:
A Bill to be entitled an Act relating to regulation of Registered Pro fessional Engineers and Land Surveyors; and for other purposes.
SB 272. By Senator Cook of the 42nd:
A Bill to be entitled an Act to amend the act regulating the abolition of exceptions pendente lite, so as to define what judge should certify bill of exceptions; and for other purposes.
SB 293. By Senator Hawes of the 30th:
A Bill to be entitled an Act to amend an Act authorized the State Board of Health to make rules for the protection of the health of inmates of hospitals; and for other purposes.
SB 297. By Senators Hill of the 54th, Foster of the 26th, Butts of the 12th and others:
A Bill to be entitled an Act to amend an Act revising the laws relating to the State Board of Corrections; and for other purposes.
SB 282. By Senator Trotter of the 37th:
A Bill to provide for the recording of leases or usufructs of lands or of any interest in land and assignments thereof; and for other pur poses.
SB 275. By Senator Edenfield of the 2nd:
A Bill to be entitled an Act to amend the Act relating to the State Game and Fish Commission so as to prohibit dredging of oysters from waters of a depth of less than 8 feet at a mean low tide; and for other purposes.
SB 273. By Senator Cook of the 42nd:
A Bill to be entitled an Act to amend an Act relating to serve by publication in divorce actions so as to change the period of time for publication of notice; and for other purposes.
WEDNESDAY, FEBRUARY 19, 1958
1101
SB 300. By Senator Trotter of the 37th:
A Bill to be entitled an Act to create the Georgia Board of Landscape Architects; and for other purposes.
SB 312. By Senator Brown of the 52nd:
A Bill to be entitled an Act to establish uniform procedure for use of voting machines in certain cities and counties; and for other pur poses.
SB 313. By Senator Paris of the 27th:
A Bill to be entitled an Act to amend the Act providing the charter for the City of Winder, so as to provide for a city manager; and for other purposes.
By unanimous consent, the following Bills and Resolutions of the House and Senate were taken up for consideration and read the third time:
HB 1147. By Mr. Souter of Macon:
A Bill to be entitled an Act to repeal an Act incorporating the Town of Spalding; and for other purposes.
The report 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 1148. By Mr. Fowler of Douglas:
A Bill to be entitled an Act to repeal an Act providing for zoning in Douglas County; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 126, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1149. By Messrs. Cheatham, Eyler and Brennan 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 126, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
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JOURNAL OP THE HOUSE,
HB 1150. By Messrs. Alien and Fordham of Bulloch:
A Bill to be entitled an Act to amend an Act providing for a salary in lieu of fees for the Clerk of the Superior Court of certain counties; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 126, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1151. By Messrs. Alien and Pordham of Bulloch:
A Bill to be entitled an Act to amend an Act creating the City Court of Statesboro; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 126, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1152. By Messrs. Stephens and Matthews of Clarke:
A Bill to be entitled an Act to amend an Act creating the Board of Commissioners of Roads and Revenues of Clarke County; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 126, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1153. By Messrs. Moss and Story of Gwinnett:
A Bill to be entitled an Act to amend the charter of the Town of Sugar Hill; and for other purposes.
The report 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 1154. By Messrs. Greene and Bradley of Bartow: A Bill to be entitled an Act to amend an Act creating the office of Com-
WEDNESDAY, FEBRUARY 19, 1958
1103
missioner of Roads and Revenues of 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 126, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1155. By Messrs. Brooks, Smith and McClelland of Fulton:
A Bill to amend an Act to provide that cities having a certain popu lation shall provide pensions for members of the Fire Department; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 126, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1156. By Messrs. Smith, McClelland and Brooks of Fulton:
A Bill to be entitled an Act to establish Local Education Commission in Atlanta and Fulton County; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 126, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1157. 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 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 126, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1158. By Messrs. McClelland, Smith and Brooks of Fulton:
A Bill to be entitled an Act to abolish the fee system in the Superior Court of the Atlanta Judicial Circuit as applied to the office of the Solicitor General; and for other purposes.
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JOURNAL OF THE HOUSE,
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 126, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1159. By Messrs. Carlisle, Wilson and McKenna of Bibb:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Macon; and for other purposes.
The report 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 1161. By Mr. Murphy of Haralson:
A Bill to be entitled an Act to provide an additional term of the Superior Court in Haralson County; and for other purposes.
The report 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 1162. 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 pur poses; and for other purposes.
The report 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 1163. By Mr. Murphy of Haralson:
A Bill to be entitled an Act to authorize the paving of streets within the city limits of the City of Bremen; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 126, nays 0.
WEDNESDAY, FEBRUARY 19, 1958
1105
The Bill, having received the requisite constitutional majority, was passed.
HB 1164. By Mr. Murphy of Haralson:
A Bill to be entitled an Act to authorize the governing authority of the City of Bremen to change the hours for holding elections; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 126, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1165. By Mr. Murphy of Haralson:
A Bill to be entitled an Act to consolidate the offices of Tax Receiver and Tax Collector of Haralson County into the office of Tax Com missioner; and for other purposes.
The report 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 1166. By Messrs. Carlisle, McKenna and Wilson of Bibb:
A Bill to be entitled an Act to amend the Charter of the City of Maeon; and for other purposes.
The report 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 1167. By Mr. Gross of Stephens:
A Bill to be entitled an Act to amend an Act creating a Board of Commissioners of Roads and Revenues in the County of Stephens; and for other purposes.
The report 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 OF THE HOUSE,
HB 1169. By Mr. Mull of Fannin:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Blue Ridge; and for other purposes.
The report 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 1170. By Mr. Mull of Fannin:
A Bill to be entitled an Act to amend an Act creating the office of Commissioner of Roads and Revenues of Fannin County; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 126, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1171. By Mr. Mull of Fannin:
A Bill to be entitled an Act relating to the limitation of ad valorem taxation by municipal corporations, so as to provide that the City of Blue Ridge shall not be affected by the provisions of Code Sections 92-4101 through 92-4104; and for other purposes.
The report 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 1172. By Mr. Mull of Fannin: A Bill to be entitled an Act to amend an Act creating a new charter for the City of Blue Ridge; and for other purposes.
The report 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 1173. By Mr. Rowland of Johnson: A Bill to be entitled an Act to amend an Act incorporating the Town of Kite; and for other purposes.
WEDNESDAY, FEBRUARY 19, 1958
1107
The report 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 1176. By Mr. Love of Catoosa:
A Bill to be entitled an Act to amend an Act creating the office of Commissioner of Roads and Revenues for the County of Catoosa; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 126, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HR 482-1165a. By Messrs. Wilson, McKenna and Carlisle of Bibb:
A RESOLUTION
To propose to the qualified voters of the City of Macon an amend ment to Article I, Section IV, Paragraph I, of the Constitution of Georgia, so as to authorize the Mayor and Council of the City of Maeon to enact and administer ordinances, rules and regulations establishing standards and procedure for determining whether any building or structure in said City is unsafe or unfit for human habitation, and is a nuisance; to provide for the submission of the amendment for ratifi cation by the qualified voters of the City of Macon; and for other purposes.
SECTION 1
Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that Article I, Sec tion IV, Paragraph I, of the Constitution of Georgia, as the same has heretofore been amended, revised or changed, shall be further amended by adding at the end thereof a new paragraph as follows:
"And except that the Mayor and Council of the City of Macon may enact and administer ordinances, rules and regulations establish ing standards and procedure for determining whether any building or structure in said City is unsafe or is unfit for human habitation, and is a nuisance."
SECTION 2
Be it further enacted by the authority aforesaid, that whenever the proposed amendment to the Constitution shall have been agreed to by two-thirds (2/3's) of the members elected to each of the two Houses of the General Assembly, and the same has been entered on their journals with the yeas and nays taken thereon, the Governor shall be and he is hereby authorized and instructed to cause such amendment to be published in one newspaper in Bibb County, Georgia, within
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JOURNAL OF THE HOUSE,
which county the said City of Macon is located, for two months previous to the time of holding the next General election.
SECTION 3
Be it further enacted by the authority aforesaid, that the pro posed amendment shall be submitted for ratification or rejection to the people of the City of Macon at the next general election to be held after said amendment has been published as provided in the pre ceding section, at which every person shall be qualified to vote who is qualified to vote for members of the General Assembly. All persons voting at said election in favor of adopting the said proposed amend ment to the Constitution shall have written or printed on their bal lots the words:
"For ratification of amendment to Article I, Section IV, Para graph I, of the Constitution of Georgia authorizing the Mayor and Council of the City of Macon, to establish standards and procedure for determining whether any building or structure is a nuisance." and all persons opposed to the adoption of said amendment shall have written or printed on their ballots the words:
"Against ratification of amendment to Article I, Section IV, Para graph I of the Constitution of Georgia, authorizing the Mayor and Council of the City of Macon, to establish standards and procedure for determining whether any building or structure is a nuisance."
If the amendment is 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 the Constitution of Georgia. The returns of the election shall be made in like manner as returns for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and to certify the result to the Governor, who shall, if such amendment be ratified, make procla mation thereof.
SECTION 4
Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed.
The report of the committee which was favorable to 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 Bagby Ballard Barber Barrett Birdsong
Black Blalock of Coweta Blalock of Clayton Bodenhamer Boggs Brackin Bradley
Brennan Brooks of Oglethorpe Brooks of Fulton Broome Budd Burkhalter Busbee
WEDNESDAY, FEBRUARY 19, 1958
1109
Cagle Caldwell A. Campbell of
Walker W. Campbell of
Walker Carr Carswell Chastain Cheatham Cheek Coalson Cocke Craven Dorminy Duncan Echols Elder Ellis Eyler Flynt Fordham Fowler of Douglas Fowler of Treutlen Fuqua Gowen Green of Rabun Greene of Bartow Griffith Grimsley Gross of Stephens Hall of Floyd Hall of Lee Hardaway Harper Harrison Hill Hodges of Ware Hodges of Butts Hogan Hollev
Holloway Hurst Ingle Irvin Johnson Jones of Wayne Jones of Worth Jones of Lumpkin Jones of Baker Jones of Laurens Jones of Sumter Jones of Crawford Kelley Kennedy Key Kidd Killian King Lam Lancaster Land Larkins Lee Lokey Lott Martin Matthews Miles Miller of Elbert Mobley Moorman Moss
Murphy Murr Musgrove McClelland Newton Nichols Nilan Parker of Appling Payton
Pelham Perkins Perry Peters Phillips of Walton Pickett Ray Rodgers of Charlton Rogers of Heard Ross Rowland Scoggin Sheffield Short Singer Sivell Smith of Emanuel Smith of Bryan Stephens Story Tabb Tamplin Tarpley Taylor Todd Twitty Underwood Veal Walker of Lowndes Walker of Telfair Watson Weems Wells White Willingham Willis Winkle Wright of Floyd Wright of Dodge Yandle Young
On the adoption of the Resolution, the ayes were 142, nays 0.
The Resolution, having received the requisite two-thirds constitutional majority, was adopted.
SB 288. By Senator Crawford of the 1st:
A Bill to be entitled an Act to provide for the compensation of the Ordinary of Chatham County; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 126, nays 0.
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JOURNAL OF THE HOUSE,
The Bill, having received the requisite constitutional majority, was passed.
SB 302. By Senator Crawford of the 1st:
A Bill to be entitled an Act to prescribe and establish compensation and/or salary for the Chief Judge of the Municipal Court of Savannah; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 126, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
SB 303. By Senator Brown of the 52nd:
A Bill to be entitled 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 report 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 305. By Senator Brown of the 52nd:
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 126, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1045. By Messrs. Smith, McClelland and Brooks of Fulton:
A Bill to be entitled an Act to authorize the Solicitor General of the Superior Court in certain counties to appoint certain investigators; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 126, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
WEDNESDAY, FEBRUARY 19, 1958
1111
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 Bill of the Senate to wit:
SB 299. By Senator Crawford of the 1st:
A Bill to amend Sec. 27-2501 of the Code of Georgia relating to pun ishment of felonies so as to prescribe those felonies for which punish ment may not be reduced to misdemeanors; 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 House and Senate to wit:
SR 144. By Senator Gillis of the 16th:
A Resolution authorizing the Appropriations Committee of the House and Senate to continue their investigations after the present session of the General Assembly adjourns; and for other purposes.
SR 150. By Senator Hawes of the 30th:
A Resolution continuing the Mental Health Study Committee so as to enable the committee to continue its study proposing the transfer of Milledgeville State Hospital to the State Department of Public Health; and for other purposes.
SR 152. By Senators Cox of the 50th, Ellard of the 31st, Trotter of the 37th, Hawes of the 30th and McGarity of the 35th:
A Resolution authorizing the joint Senate-House Committee appointed to study proposed increased insurance rates in Georgia to appoint competent help; and for other purposes.
HB 430. By Mr. Killian of Glynn:
A Bill to be entitled an Act to amend an Act relating to the compensa tion of the surveyor and laborers for surveying disputed county lines; and for other purposes.
HB 641. By Messrs. Cheatham, Eyler and Brennan of Chatham:
A Bill to be entitled an Act to amend an Act authorizing the govern ing authorities of the several municipalities to establish planning com missions; and for other purposes.
HB 661. By Mr. Holcombe of Cobb:
A Bill to be entitled an Act to amend an Act pertaining to transaction of business with the Ordinary, so as to authorize the Ordinary to close office; and for other purposes.
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JOURNAL OF THE HOUSE,
HB 677. By Mr. McClelland of Fulton:
A Bill to be entitled an Act to amend an Act pertaining to capital gains and losses; and for other purposes.
HB 695. By Mr. Carter of Hart:
A Bill to be entitled an Act to pi'ovide for nominations of persons to be elected, selected or appointed by the Grand Jury of a county; and for other purposes.
HB 746. By Mr. Ellis of Henry:
A Bill to be entitled an Act to amend an Act incorporating the City of Stockbridge, to change the corporate limits; and for other pur-
HB 747. By Mr. Ellis of Henry:
A Bill to be entitled an Act to amend an Act incorporating the Town of McDonough; and for other purposes.
HB 761. By Mr. McCracken of Jefferson:
A Bill to be entitled an Act to amend an Act relating to the arbitra tion of tax assessments; and for other purposes.
HB 775. By Mr. Fowler of Douglas:
A Bill to be entitled an Act to amend an Act creating a Livestock and Poultry Disease Control Board; and for other purposes.
HB 841. By Messrs. Smith, McClelland and Brooks of Fulton:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Atlanta, relating to streets; and for other purposes.
HB 863. By Mr. McCracken of Jofferson:
A Bill to be entitled an Act to authorize the Ordinary to return to the parties to a marriage the license; and for other purposes.
HB 865. By Messrs. Smith, McClelland and Brooks of Fulton: A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Atlanta; and for other purposes.
HB 886. By Messrs. Payton and Blalock of Coweta:
A Bill to be entitled an Act to authorize and direct the Mayor and Council of the City of Newnan to close Mclntosh Street; and for other purposes.
HB 892. By Messrs. W. Campbell and A. Campbell of Walker and others: A Bill to be entitled an Act to authorize the State Board of Education to provide educational and training services for severely mentally retarded children; and for other purposes.
WEDNESDAY, FEBRUARY 19, 1958
1113
HB 972. By Mr. Black of Webster:
A Bill to be entitled an Act to provide for an expense allowance for the Commissioner of Roads and Revenues in certain counties; and for other purposes.
HB 973. By Messrs. Musgrove of Clinch, Smith of Emanuel and Cloud of Decatur:
A Bill to be entitled an Act to repeal an Act to authorize the State or any county, or political subdivision thereof to sell, lease, grant, or dispose of any property comprising parks, etc.; and for other pur poses.
HB 977. By Mr. Kidd of Baldwin:
A Bill to be entitled an Act to amend an Act creating a Board of County Commissioners for Baldwin County; and for other purposes.
HB 978. By Mr. Nichols of Towns:
A Bill to be entitled an Act to supplement the salary of the Sheriff in certain counties; and for other purposes.
HB 979. By Mr. Kidd of Baldwin:
A Bill to be entitled an Act to amend an Act creating Board of County Commissioners of Roads and Revenues for Baldwin County; and for other purposes.
HR 142. By Messrs. Musgrove of Clinch, Hall of Floyd and others:
A Resolution proposing an amendment to the Constitution so as to pro vide the State Board of Education with the authority to grant scholar ships for teachers; and for other purposes.
HR 198. By Mr. Overby of Hall:
A Resolution to compensate Archie Lamar Simmons; and for other purposes.
HR 256. By Mr. McCracken of Jefferson:
A Resolution proposing an amendment to the Constitution, so as to authorize any County or municipal corporation to provide funds for the purchase of busses; and for other purposes.
HR 261. By Mr. Miles of Richmond:
A Resolution to compensate Mrs. Josie Mae Newman; and for other purposes.
HR 268. By Messrs. Cheatham of Chatham, Barber of Jackson and others:
A Resolution proposing an amendment to the Constitution so as to authorize certain political subdivisions of the State to establish col leges; and for other purposes.
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JOURNAL OP THE HOUSE,
HR 280. By Mr. Hawkins of Screven:
A Resolution authorizing compensation to Robert K. Price Company; and for other purposes.
HR 281. By Mr. Overby of Hall:
A Resolution to compensate John Henry Chapman; and for other purposes.
HR 298. By Mr. Tamplin of Morgan: A Resolution to compensate Mrs. W. F. Manley; and for other purposes.
HR 311. By Mr. Overby of Hall:
A Resolution to authorize the compensation to Hoyt Wehunt; and for other purposes.
HR 313. By Messrs. Orr of Wilkes, Ross of Lincoln and others:
A Resolution proposing an amendment to the Constitution so as to provide that Justices Emeritus of the Supreme Court shall be eligible to preside in or over the Supreme Court; and for other purposes.
HR 475. By Messrs. Harper of Gilmer, Kelley of Dawson and many others:
A Resolution urging the Congress of the United States to investigate the policies and actions of the U. S. Forestry Service; and for other purposes.
The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has passed as amended by the requisite constitutional majority the following Bill cf the House to wit:
HB 821. By Mr. Odom of Camden:
A Bill to be entitled an Act to amend an Act relating to the Game and Fish Commission, so as to fix the hours of commercial fishing in certain counties; and for other purposes.
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 184. By Mr. Miles of Richmond:
A Resolution to compensate Freddie Youngblood; and for other pur poses.
WEDNESDAY, FEBRUARY 19, 1958
1115
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 212. By Senators Brown of the 52nd and Pound of the 20th:
A Bill to provide for self-government of municipalities; to provide the manner in which a municipality may come under the provisions of this Act; and for other purposes.
SB 298. By Senator Kelley of the 10th:
A Bill to amend the Act relating to the State Board of Accountancy so as to change the provisions relating to the fee and amount thereof to be assessed against non-residents upon registration; and for other purposes.
SB 314. By Senator Newman of the 38th:
A Bill to amend the Act creating a Board of Commissioners of Roads and Revenues for the County of Haralson, Georgia, so as to change the compensation of the Commissioner; and for other purposes.
SB 277. By Senator Crawford of the 1st:
A Bill to provide that a principal contractor is civilly responsible for injuries by negligence of his independent sub-contractor under certain conditions; and for other purposes.
SB 315. By Senator Dunn of the 8th:
A Bill to provide for the distribution of the $250,000.00 bonus for the first commercial oil well brought in in 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 by the requisite constitutional majority the follow ing Resolutions of the Senate to wit:
SR 149. By Senator Cox of the 50th:
A Resolution proposing an amendment to the Constitution of the State of Georgia so as to provide that the governing authority of Clarke County may establish a water, sanitation, sewerage and fire protection district in Clarke County; and for other purposes.
SR 151. By Senators Crawford of the 1st, Hill of the 54th and Brannen of the 14th:
A Resolution to continue a committee created to investigate charges made concerning the Workmen's Compensation Board; and for other purposes.
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JOURNAL OF THE HOUSE,
By unanimous consent, the following Bills and Resolutions of the Senate were read the first time and referred to the committees:
SR 149. By Senator Cox of the 60th:
A Resolution proposing an amendment to the Constitution so as to provide that the governing authority of Clarke Co. may establish a water, sanitation, sewerage and fire protection district in said County; and for other purposes.
Referred to Committee on Local Affairs.
SR 151. By Senators Crawford of the 1st, Hill of the 54th and Brannen of the 14th:
A Resolution to continue a committee created to investigate charges made concerning the Workmen's Compensation Board; and for other purposes.
Referred to Committee on State of Republic.
SB 212. By Senators Brown of the 52nd and Pound of the 20th:
A Bill to be entitled an Act to provide for the self-government of municipalities; and for other means.
Referred to Committee on Ways and Means.
SB 277. By Senator Crawford of the 1st:
A Bill to be entitled an Act to provide that principal contractors are civilly responsible for injuries and damages by negligence of his independent sub-contractors under certain conditions; and for other purposes.
Referred to Committee on Judiciary.
SB 297. By Senators Hill of the 54th, Poster of the 26th and others:
A Bill to be entitled an Act to amend an Act revising the laws relating to the State Board of Corrections, so as to increase the salary of said Director; and for other purposes.
Referred to Committee on State Institutions and Property.
SB 298. By Senator Kelley of the 10th:
A Bill to be entitled an Act to amend the Act relating to the State Board of Accountancy; and for other purposes.
Referred to Committee on State of Republic.
SB 299. By Senator Crawford of the 1st:
A Bill to be entitled an Act to amend Section 27-2501 of the Code of Georgia relating to punishment of felonies so as to prescribe those felonies for which punishment may not be reduced to misde meanors; and for other purposes.
Referred to Committee on Judiciary.
WEDNESDAY, FEBRUARY 19, 1958
1117
SB 314. By Senator Newman of the 38th:
A Bill to be entitled an Act to change the salary of the Commissioner of Roads and Revenues for Haralson County; and for other pur poses.
Referred to Committee on Local Affairs.
SB 315. By Senator Dunn of the 8th:
A Bill to be entitled an Act to provide for the distribution of the $250,000.00 bonus for the first Oil Well in Georgia; and for other purposes.
Referred to Committee on State of Republic.
The following Bill of the House was taken up for the purpose of consider ing the Senate substitute thereto:
HB 946. By Messrs. Moate of Hancock, Hawkins of Screven and others:
A Bill to be entitled an Act to create the Stone Mountain Memorial Association as a body corporate and politic; and for other purposes.
The following Senate substitute was read:
AN ACT
To create the Stone Mountain Memorial Association as a body corporate and politic and an instrumentality and public corporation of the State; to define certain terms in connection therewith; to pro vide for its organization and the appointment and terms of office of the members thereof; to authorize the Association to acquire from the State or any county or to purchase from any individual association or corporation Stone Mountain and any other property adjacent thereto and rights of way in connection therewith and to construct, recon struct, lay out, repair, develop, improve, maintain, manage and operate Stone Mountain and property adjacent thereto as a Confederate Memorial; to confer powers and duties upon the Association; to authorize the Governor or the governing authority of any county or municipal corporation of the State of Georgia to convey Stone Moun tain and other property adjacent thereto and rights of way to the Association; to provide for the condemnation of any portion of the property which cannot be acquired by gift or purchase to define the authority of the State Highway Department of Georgia with respect to the project; to provide for an association fund; to provide for fi nancing, acquisition, construction, development, improvement, main tenance, management, and operation of the property by the issuance of bonds payable from the revenues, rents and earnings of the Associa tion; to prescribe the terms and conditions of such bonds and to authorize the collection and pledging of revenues to their payment and to the cost of acquiring, constructing, developing, improving, main taining, managing and operating the project; to authorize the execu tion of a trust indenture to secure payment of such bonds, and to define the rights of the Association and holders of such bonds; to pro vide that the bonds of the Association shall not constitute a debt of the State; to prescribe the public and charitable nature of the prop erty of the Association and make its property, its bonds, and the
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income therefrom exempt from taxation; to make bonds of the Asso ciation legal investments; to authorize the issuance of refunding bonds; to fix the venue and jurisdiction of actions relating to any provisions of this Act, and to provide for the validation of such bonds; to provide for the enforcement of this Act; to provide for the disposition of surplus revenues; to provide for the transfer of funds by the Governor; to repeal conflicting acts; and for other purposes.
WHEREAS, the General Assembly of Georgia has determined that it is appropriate that Stone Mountain and property adjacent thereto be acquired, developed, maintained and operated as a perpetual memorial to the Confederacy and the Confederate States of America, and
WHEREAS, the General Assembly deems it advisable and to the best interests of this State and its citizens to acquire, develop, operate and maintain Stone Mountain and property adjacent thereto as a Confederate Memorial and public recreation area by means of long term revenue bond financing;
NOW, THEREFORE, be it enacted by the General Assembly of Georgia:
SECTION 1
Short Title. This Act may be cited as the "Stone Mountain Me morial Association Act."
SECTION 2
Definitions. The following words and terms shall have the mean ing hereinafter indicated, unless the context shall clearly indicate another or different meaning or intent:
(a) Association--Stone Mountain Memorial Association created by this Act or any authority or body in which the duties and liabilities of the Association created hereby may hereafter become vested.
(b) Bonds--Any bonds or other obligations issued by the Associa tion under the provisions of this Act, including refunding bonds.
(c) Project--Stone Mountain and property adjacent thereto ac quired by the Association and all accommodations, utilities, facilities, services and equipment necessary or convenient and all property, real, personal or mixed, used or useful, including franchises and easements, in constructing, erecting, improving, remodeling, developing, equipping, adding to, extending, maintaining, managing and operating Stone Mountain, located in DeKalb County, Georgia, and property adjacent thereto, as a Confederate Memorial and public recreational area, and the construction, improvement, development, maintenance, management and operation, and extension of any part thereof, as to which the Asso ciation has undertaken or agreed to undertake any action permitted by this Act.
(d) Cost of Project--The cost of acquisition, construction, develop ment, improvement, equipment, adding to, extending, remodeling, man agement and operation of the project or any part thereof, including without being limited to, the cost of all lands, properties, franchises, easements, and rights in property; the cost of all machinery and equipment necessary for the construction, improvement, development,
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equipment, adding to, remodeling, management, maintenance and opera tion of the project; financing charges, interest accruing on any bonds issued by the Association prior to and during the period estimated as necessary to complete the construction, development and improvement of the project, and for one year thereafter; the cost of plans and specifications; the cost of engineering, of engineers and architects; legal fees; other expenses necessary or incident to determining the feasibility or practicality of the project or any part thereof; adminis trative expenses, and such other expenses as may be necessary or incidental to the financing authorized by this Act, including fiscal agents' fees and the estimated cost of operating the project for a period of not exceeding twelve month, and the expense of construction, development, improvement, management, maintenance and operation or any action permitted by this Act with respect to the project and the placing of the same in operation, and including any other expense authorized by this Act to be incurred by the Association which is incurred with respect to any action as regards the project. Any obli gation or expense incurred for any of the foregoing purposes shall be regarded as a cost of the project and may be paid or reimbursed as such out of the proceeds of bonds issued under the provisions of this Act for such project.
(e) Governing Authority of a County--The Commissioner, board of commissioners, commission or other person or body of persons at the time entrusted by law with the administration of the fiscal affairs of any county.
(f) Governing Authority of a City--The Council, Board of Alder men or other person or body of persons at the time entrusted by law with the administration of the fiscal affairs of any municipal cor poration.
SECTION 3
Stone Mountain Memorial Association. There is hereby created a body corporate and politic and instrumentality and public corporation of this State, to be known as Stone Mountain Memorial Association. It shall have perpetual existence. In said name it may contract and be contracted with, sue and be sued, implead and be impleaded, and complain and defend in all courts of law and equity.
SECTION 4
Membership of the Association; appointment; officers; quorum; compensation; books and records.
(a) The Association shall be composed of the Secretary of State, the Attorney General, the Chairman of the Public Service Commission, the Commissioner of Agriculture, and three members to be appointed by the Governor, the first three appointees so named shall be appointed for terms of one, two and three years as designated by the Governor, and all appointments thereafter made shall be for terms of three years.
(b) The Constitutional officers named to said association shall immediately enter upon their duties without further act or formality, and the persons appointed by the Governor shall enter upon their duties as soon as practicable after confirmation of their appointments by the Senate.
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(c) The Association shall elect one of its members as Chairman and another as vice-chairman. It shall also elect a secretary and a treasurer who need not be members. The office of secretary and treasurer may be combined in one person.
(d) The Association may make such by-laws for its government as is deemed necessary, but is under no duty to do so.
(e) Any four members of the Association shall constitute a quorum necessary for the transaction of business, and a majority vote of those present at any meeting at which there is a quorum shall be suf ficient to do and perform any action permitted to the Association by this Act. No vacancy on the Association shall impair the right of a quorum to transact any and all business as aforesaid.
(f) The members shall receive no compensation for their services but all members shall be entitled to be reimbursed for actual expenses, including travel and any other expenses, incurred while in the per formance of their duties. Employees of the Association shall receive reasonable compensation, to be determined by the members of the Association, for their services.
(g) Members of the Association shall be accountable as trustees. They shall cause to be kept adequate books and records of all trans actions of the Association, including records of income and disburse ments of every nature. The books and records shall be inspected and audited by the State Auditor at least once in each year.
SECTION 5
Powers of the Association. The Association shall have, in addition to any other powers conferred in this Act, the following powers:
(a) To have a seal and alter the same at its pleasure.
(b) To acquire Stone Mountain and such surrounding area, not to exceed 2,500 acres, if the Association may deem necessary for the proper development of Stone Mountain, by purchase from the owner or owners thereof, and to pay therefor such price as may be agreed upon, not to exceed the sum of One Million Five Hundred Thousand Dollars ($1,500,000.00) if the same be acquired by purchase.
(c) To acquire, by purchase, lease or otherwise, and to hold, lease and dispose of in any manner, real and personal property of every kind and character for its corporate purposes.
(d) To appoint such additional officers, who need not be members of the Association, as the Association deems advisable, and to employ such experts, agents, and employees as may be, in its judgment neces sary to carry on properly the business of the Association; to fix the compensation for such officers, experts, agents, and employees and to promote and discharge same; provided however, that all legal services for the Association except legal services in validating and approving bonds authorized by this Act shall be rendered by the Attorney General and his staff and no fee shall be paid to any attorney or law firm for legal services within or without the State of Georgia, except for vali dating and approving such bonds. The Association herein created shall have authority to pay such federal fees, stamps and all licenses, to gether with any court costs that may be incurred by virtue of the powers herein granted.
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(e) To make such contracts and agreements as the ligitimate and necessary purposes of this Act shall require, and to make all other contracts and agreements as may be necessary or convenient in the management of the affairs of the Association, or in the operation of the project including, but not limited to, any lease of the project of any part thereof, and any contract with respect to the use of the property or any part thereof for concessions, services or accommoda tions to be offered to the public within the project area, and any and all persons, firms and corporations, including any public officer or agency, are hereby authorized to enter into contracts, leases or agree ments with the Association upon such terms and for such purposes as may be deemed advisable.
(f) To construct, reconstruct, lay out, repair, develop, improve, maintain, equip, manage and operate the project as hereinabove de fined, the cost of any such action to be paid in whole or in part from the proceeds of revenue bonds of the Association.
(g) To borrow money for any of its corporate purposes and to issue bonds and other evidence of indebtedness for such purposes as here inafter provided.
(h) To pledge to the payment of its bonds any property or revenue derived therefrom.
(i) To establish rates, tolls, fees, and charges for its facilities and services, including fees or charges for access to the Memorial, and to alter such rates and charges, and to collect and enforce collec tion of the same; provided, however, that the Association shall be a non-profit organization, and such rates, tolls, fees and charges shall be only sufficient to produce funds necessary to construct, reconstruct, develop, improve, equip, manage and operate the project and to pay the principal of and the interest on obligations of the Association and expenses in connection therewith and to create reserves therefrom for the purpose of adding to, extending, improving and equipping the project.
(j) To exercise any power which may be granted or authorized to be granted to private corporations, not in conflict with the Consti tution and laws of this State nor with the other provisions of this Act.
(k) To prescribe rules and regulations for the operation of the project should the Association deem such rules and regulations nec essary.
(1) To do and perform all things necessary or convenient to carry out the powers conferred upon the Association.
(m) To make reasonable regulations for the installation, construc tion, maintenance, repair, renewal, removal, and relocation of pipes, mains, conduits, cables, wires, poles, towers, tracts and other equip ment and appliances of any public utility in, on, along, over or under the project, or any part thereof.
SECTION 6
Condemnation and Conveyance of Property,
(a) In the event any portion of Stone Mountain proper or of the
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area surrounding the mountain, which may be necessary in the opinion of the Governor for use in developing the property, cannot be acquired by purchase, it shall be the duty of the Governor, the State Auditor and the Attorney General to acquire the same by condemnation pro ceedings in the way and manner provided by the Act approved January 30, 1945 (Ga. Laws 1945, p. 120) and the Governor, the State Auditor and the Attorney General are authorized, empowered and directed to proceed to acquire by condemnation, as authorized by said Act, and in the way and manner provided by said Act, any such portion of the property deemed by the Governor to be necessary for the proper de velopment of Stone Mountain, which cannot be acquired by the Association by gift or purchase.
(b) The Governor of this State is authorized and empowered to convey, on behalf of the State, to the Association, Stone Mountain and the property adjacent thereto or any interest therein and any rights-of-way now or hereafter owned by the State. The consideration for such conveyance shall be determined by the Governor and ex pressed in a deed or conveyance, provided, however, that such con sideration shall be nominal, the benefits flowing to the State and its citizens constituting full and adequate actual consideration. Upon such conveyance being executed and delivered, all right, power and authority of any instrumentality, agency, department, or office of the State to possess or improve or otherwise deal with the Stone Mountain property, except as provided by this Act, shall terminate.
(c) The governing authority of any county or municipal corpora tion of this State is authorized and empowered on behalf of such county to convey to the Association any interest of such county in Stone Mountain and any property adjacent thereto and any rightsof-way for roads or highways, including such roads and highways traversing any such property, now or hereafter owned by such county. The consideration for any such conveyance shall be determined by the governing authority of such county and expressed in a deed or con veyance, provided, however that such consideration shall be nominal, the benefits flowing to the county and its citizens constituting full and adequate actual consideration.
(d) The State, any department, board or agency of the State of Georgia, and any county of the State, are authorized and empowered to furnish to the Association any available facilities, machinery, equip ment, services or labor needful or necessary in the improvement of the property of the Association, without cost to the Association. The expense of any such facilities of services shall be deemed proper and legitimate expenses of the State or of such department, board, agency or county.
SECTION 7
Transfer of Funds to Association.
The Governor is authorized and directed to transfer to the Asso ciation to use for the purpose of acquiring Stone Mountain and the surrounding area aforementioned any available funds of the State not otherwise appropriated.
SECTION 8
Surveys, plans, specifications and studies by State Highway Department.
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(a) The State Highway Board is authorized to make such studies and estimates in connection with the location and relocation of high ways, roads, streets, and rights-of-way in connection with the project, whether within or without the project area, as may be necessary to the relocation of any roads, streets or highways within the property of the Association, and shall at the expense of the Department re-locate such roads, streets and highways so as to conform to the plan of the Association for the development and improvement of the project.
(b) The Association may grant rights-of-way, and easement for highways and roads within the project area to the State Highway Department and the State Highway Department is authorized and empowered to lay out, construct, improve and maintain any such roads and rights-of-way, and the cost of any such undertaking shall be deemed to be a proper and legitimate expense of the said Highway Department.
(c) The State Highway Board or its successors and the State Highway Department are empowered to acquire, in any manner now permitted to it by law, real property, interest therein, or rights-of-way for the location and re-location of highways and roads located in proxi mity to the project, and is authorized and empowered to expend any funds available to it for the purpose of such locating and re-locating, and for constructing, improving and maintaining any such highways and roads, and the cost of any such undertaking shall be deemed a proper and legitimate expense of said board or department.
Association Fund.
SECTION 9
All revenues in excess of all obligations of the Association of every nature which are not otherwise pledged or restricted as to disposition and use by the terms of any trust indenture entered into by the Asso ciation for the security of bonds issued hereunder, together with all receipts and gifts of every kind and nature whatsoever shall be and become the Association fund. The Association, in its discretion, shall pledge or utilize the Association fund for any one or more of the fol lowing purposes:
(a) Pledges to the payment of any bond issue requirements, sink ing or reserve funds, as may be provided for under the terms of this Act;
(b) Payment of any outstanding unpaid bond obligations or administrative expenses;
(c) The most advantageous obtainable purchase, redemption and retirement of the Association's bonds pursuant to privileges accorded to the Association in the various issues of bonds outstanding;
(d) Investment in obligations of the United States or obligations the payment of which is guaranteed by the United States, of guaran teed convertibility or maturity not in excess of five years, provided, that funds so invested and income from such investments shall always be available to and ultimate expended for other purposes set forth in this Section.
After all outstanding bonds or obligations of the Association issued
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to pay the cost of the project or any part thereof have been paid or satisfied by payment redemption and retirement, or otherwise, all revenues from the project in excess of those necessary to maintain, operate and manage such project (including extensions, renewals, and additions thereto), unless otherwise allocated or pledged as herein provided, shall be paid to the State Treasury and become a part of the general funds of the State.
SECTION 10
Bond limit. The Association shall have power and is authorized at one time, or from time to time, to provide by resolution for the issu ance of negotiable bonds in a sum not to exceed $2,500,000.00 in princi pal amount outstanding at any one time for the purpose of payingall or any part of the cost of the project, together with negotiable bonds in such additional amount not exceeding $1,500,000 as may be necessary to acquire the property authorized by sub-section (b) of Sec tion 5 of this Act to be acquired by the Association in the event funds for such acquisition do not become available under Section 7 of this Act.
SECTION 11
Same. Terms; sale; interest rate.
(a) All bonds of the Association shall be sold at public competitive bidding at a price of not less than par plus accrued interest to date of delivery; provided that the Association may obligate itself to deliver any given issue of bonds to the purchasers thereof within any reason able period of time after the sale and may pay as a penalty for delay in such delivery such reasonable sums as may be agreed upon in ad vance in writing with the purchasers. All bonds of the Association shall be advertised and offered prior to the fixing of the interest rates thereon, and bids thereon shall be competitive as to the interest rate offered by each bidder, provided that as to any issue of bonds the Association may make rules limiting the number of divisions into which the bonds of various maturity dates may be divided and the number and percentage spreads of the different interest rates which may be bid to apply to such divisions of the bond. The Association may require reasonable security for the performance of the contract of purchase of any successful bidder at any public competitive bidding held.
(b) Such bonds shall be dated, shall bear interest determined as above provided, and shall be payable as to both principal and interest in such manner as may be determined by the Association. The principal of and interest on such bonds shall be payable solely from the special fund herein provided for such payment.
(c) Such bonds shall mature not more than twenty-five years from the date of such bonds, and may be made redeemable before ma turity at the option of the Association at such price or prices and under such terms and conditions as may be fixed by the Association in the resolution providing for the issuance of bonds.
SECTION 12
Same. Form; denomination; registration; place of payment. The Association shall determine the form of the bonds, including any inter est coupons to be attached thereto, and shall fix the denomination, or
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denominations, of the bonds and the place or places of payment of the principal and interest thereon which may be at any bank or trust company within or without the State. The bonds may be issued in coupon or registered form, or both, as the Association may determine, and provisions may be made for the registration of any coupon bond as to principal alone or as to both principal and interest.
SECTION 13
Same. Signatures; seal. All bonds shall be signed by the chair man of the Association, shall be attested by the secretary thereof, and shall bear the official seal of the Association. Any coupons attached thereto shall bear the signature of the chairman of the Association, and may, if the resolution authorizing the issuance of the bonds so provides, be attested by the secretary of the Association. Any coupon may bear the facsimile signature of such persons and any bond may be signed, sealed and attested on behalf of the Association by such persons as at the actual time of the execution of such bonds shall be duly authorized to hold the proper office, although at the date of such bonds such persons may not have been so authorized or shall not have held such office. In case any officer whose signature shall appear on any bonds or whose facsimile signature shall appear on any coupon shall cease to be such officer before the delivery of such bonds, such signature shall nevertheless be valid and sufficient for all purposes the same as if he had remained in office until such delivery.
SECTION 14
Same. Negotiability; exemption from taxation.
All bonds issued under the provisions of this Act shall have and are hereby declared to have all the qualities and incidents of negotiable instruments under the negotiable instrument law of this State. Such bonds and the income thereof shall be exempt from all taxation within the State.
SECTION 15
Same. Proceeds of Bonds.
The proceeds of such bonds shall be used solely for the payment of the cost of the project and shall be disbursed upon requisition or order of the chairman of the Association or its duly bonded agents under such restrictions, if any, as the resolution authorizing the issuance of the bonds or the trust indentures may provide. If the proceeds of such bonds, by error of calculation or otherwise, shall be less than the cost of the project unless otherwise provided in the resolution authorizing the issuance of the bonds or in the trust indenture, additional bonds may in like manner be issued to provide the amount of such deficit, which unless otherwise provided in the resolution authorizing the issuance of the bonds or in the trust indenture, shall be deemed to be of the same issue and shall be entitled to payment from the same fund without preference or priority of the bonds first issued for the same purpose. If the proceeds of the bonds of any issue shall exceed the amount required for the purpose for which such bonds were issued, all surplus shall be paid into the sinking fund provided for the payment of principal and interest of such bonds.
SECTION 16
Same. Interim receipts and certificates or temporary bonds.
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Prior to the preparation of definitive bonds, the Association may, under like restrictions issue interim receipts, interim certificates or temporary bonds, with or without coupons exchangeable for definitive bonds upon the issuance of the latter.
SECTION 17
Same. Replacement of lost or mutilated bonds. The Association may also provide for the replacement of any bond which shall become mutilated or be destroyed or lost.
SECTION 18
Same. Condition precedent to and object of issuance. Resolutions for the issuance of such bonds may be adopted without any other proceedings or the happening of any other conditions or things than those proceedings, conditions, and things which are specified or required by this Act. Any resolution, providing for the issuance of bonds under the provisions of this Act shall become effective immediately upon its passage and need not be published or posted, and any such resolution may be at any regular or special or adjourned meeting of the Associa tion by a majority of its members.
SECTION 19
Same. Credit of State not pledged. Bonds issued under the pro visions of this Act shall not be deemed to constitute a debt of the State of Georgia or a pledge of the credit of the State, but such bonds shall be payable solely from the fund hereinafter provided for and the issuance of such bonds shall not directly, indirectly or contingently obligate the State to levy or to pledge any form of taxation whatsoever therefor or to make any appropriation for the payment, and all such bonds shall contain recitals on their face covering substantially the foregoing provisions of this Section.
SECTION 20
Same. Security. In the discretion of the Association, any issue of such bonds may be secured by a trust indenture by and between the Association and a corporate trustee, which may be any trust com pany or bank having the powers of a trust company within or outside of the State. Resolutions providing for the issuance of bonds and trust indentures may contain such provisions for protecting and en forcing the rights and remedies of the bondholders, including the right to the appointment of a receiver for the project upon the default of any principal or interest payment upon the bonds thereof, and the right of any receiver or indenture trustee to enforce collections of rents, revenues, or other charges for the use of the project necessary to pay all costs of operation, the principal and interest on the issue, and cost of collection, and all things reasonably necessary to accom plish the collection of such sums, in the event of any default of the Association, and such resolutions or trust indentures may include covenants setting forth the duties of the Association in relation to the acquisition of the property, the construction of the project, the main tenance, operation, repair and insurance of the project, and the custody, safeguarding, and application of all monies, and may also contain provisions concerning the conditions, if any, upon which addi tional bonds may be issued. It shall be lawful for any bank or trust company incorporated under the laws of this State to act as such
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depository and to furnish such indemnifying bonds or pledge such securities as may be required by the Association. Such indenture may set forth the right and remedies of the bondholders and of the trustee and may restrict the individual right of action of bondholders as is customary in trust indentures securing bonds and debentures of cor poration. In addition to the foregoing, such trust indenture may con tain such other provisions as the Association may deem advisable, reasonable and proper for the security of the bondholders. All ex penses incurred in carrying out such trust indenture may be treated as a part of the cost of maintenance, operation and repair of the project affected by such indenture or an administrative expense of the Association.
SECTION 21
Same. To whom proceeds of bonds shall be paid. The Association shall, in the resolution providing for issuance of bonds or in the trust indenture, provide for the payment of the proceeds of the sale of the bonds to any officer or person who or any agency, bank or trust com pany which shall act as trustee of such funds and shall hold and apply the same to the purposes hereof, subject to such regulations as this Act and such resolution or trust indenture may provide.
SECTION 22.
Pledge of revenues; sinking fund. The revenues, rents and earn ings derived from the project may be pledged by the Association to the payment of principal and interest on bonds of the Association as any resolution authorizing the issuance of the bonds or trust instru ment may provide, and such funds so pledged, from whatever source received, may include funds received from one or more or all sources and may be set aside into sinking funds at regular intervals which may be provided in any resolution or trust indenture. All such sinking funds shall be pledged to and charged with the payment of (1) the interest upon such bonds as such interest shall fall due, (2) the prin cipal of the bonds as the same shall fall due, (3) the necessary charges of paying agents for paying principal and interest, and (4) any premium upon bonds retired by call or purchase as hereinabove pro vided. The use and disposition of such sinking fund shall be subject to such regulations as may be provided for in the resolution authorizing the issuance of the bonds or in the trust indenture, but, except as may otherwise be provided in such resolutions or trust indentures such sinking funds, individually, shall be funds for the benefit of all revenue bonds without distinction or priority of one over another Subject to the provisions of the resolution authorizing the issuance of the bonds or the provisions of the trust indenture of any given bond issue, any monies in all sinking funds, after all bonds and the interest thereon for which such sinking funds were pledged have been paid, may be paid into the Association fund provided for in Section 8 hereof.
SECTION 23
Same. Refunding Bonds. The Association is hereby authorized subject to the provisions of any prior resolution or trust indenture to provide by resolution for the issuance of refunding bonds of the Asso ciation for the purpose of refunding any bonds issued under the pro visions of this Act and then outstanding, together with accrued interest thereon. The issuance of such refunding bonds, the maturities and all other details thereof, the rights of the holder thereof and the duties
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of the Association in respect to the same, shall be governed by the provisions of this Act insofar as the same may be applicable.
SECTION 24
Same. Remedies of bondholders. Any holder of bonds or interest coupons issued under the provisions of this Act, any receiver for such holders, or indenture trustee, if any there be, except to the extent the rights herein given may be restricted by resolution passed before the issuance of the bonds or by the trust indenture, may either at law or in equity, by suit, action, mandamus or other proceedings, protect and enforce any and all rights under the laws of the State of Georgia or granted hereunder or under such resolution or trust indenture, and may enforce and compel performance of all duties required by this Act or such resolution or trust indenture, to be performed by the Associa tion, or any officer thereof, including the fixing, charging, and col lecting of revenues, rents, and other charges for the use of the project. No holder of any such bond or receiver or indenture trustee thereof shall have the right to compel any exercise of the taxing power of the State to pay any such bond or the interest thereon, or to enforce the payment thereof against any property of the State, nor shall any such bond constitute a charge, lien, or encumbrance, legal or equitable, upon the property of the State.
SECTION 25
Same. Bonds as legal investment; security for deposit. The bonds herein authorized are hereby made securities in which all public officers and bodies of the State and all municipalities and all municipal subdivisions, all insurance companies and associations and other per sons carrying on an insurance business, all banks, bankers, trust com panies, saving banks and saving associations, including savings and loan associations, building and loan associations, investment companies and other persons carrying on a banking business, all administrators, guardians, executors, trustees, and other fiduciaries and all other per sons whatsoever who are now or may hereafter be authorized to invest in bonds or other obligations of the State may properly and legally invest funds including capital in their control or belonging to them. The bonds are also hereby made securities which may be deposited with and shall be received by all public officers and bodies of this State and all municipalities and municipal subdivisions for any purpose for which the deposit of the bonds or other obligations of the State is now or may hereafter be authorized.
SECTION 26
Same. Exemptions from taxation; covenant of State. It is hereby found, determined and declared that the creation of the Association and the carrying out of its corporate purposes is in all respects for the benefit of the people of this State, and the Association is an insti tution of purely public charity and will be performing an essential gov ernment function in the exercise of the power conferred upon it by this Act and this State covenants with the holders of the bonds that the Association shall be required to pay no taxes or assessment upon any of the property acquired or leased by it under its jurisdiction, control, possession or supervision or upon its activities in the operation or maintenance of the project erected by it or any fees, rental or other charges for the use of the facilities or services of the project or other income received by the Association and that the bonds of the Associa-
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tion, their transfer, and the income therefrom shall at all times be exempt from taxation from within the State.
SECTION 27
Same. Venue and jurisdiction. Any action to declare or to protect or enforce any rights or duties under the provisions of this Act, brought in the Courts of the State, shall be brought in the Superior Court of Pulton County, Georgia, and any action pertaining to valida tion of any bonds issued under the provisions of this Act shall like wise be brought in said court which shall have exclusive original juris diction of such actions.
SECTION 28
Same. Validation. Bonds of the Association shall be confirmed and validated in accordance with the procedure of the Revenue Certificate Act of 1937, as amended (Acts of 1937 page 761, as amended).
SECTION 29
Same. Interest of bondholders protected. While any of the bonds issued by the Association remain outstanding, the powers, duties, or existence of said Association or of its officers, employees or agents shall not be diminished or impaired in any manner that will affect adversely the interests and rights of the holders of such bonds, nor will the State itself in any way obstruct, prevent, impair, or render impossible the due and faithful performance of all project rental and/or lease contracts and all the covenants thereof entered into under this Act. The provisions of this Act shall be for the benefit of the State, the Association, and each and every holder of the Association bonds, and upon and after the issuance of bonds under the provisions of this Act shall constitute an irrevocable contract with the holders of such bonds.
SECTION 30
Monies held as trust funds. All monies received pursuant to the authority of this Act, whether as proceeds from the sale of bonds, or as revenues, tolls and earnings, shall be deemed trust funds to be held and applied solely as provided in this Act, and the bondholders paying or entitled to receive the benefit of such funds shall have a lien on all such funds until applied as provided for in any resolution or trust indentures of the Association.
SECTION 31
Same. Powers declared supplemental and additional. The fore going sections of this Act shall be deemed to provide an additional and alternative method for the doing of the things authorized thereby and shall be regarded as supplemental and additional to powers conferred by other laws; and shall not be regarded as in derogation of any powers now existing.
SECTION 32
Liberal construction of Act. The Act being for the welfare of the State and its inhabitants, shall be liberally construed to affect the purposes hereof.
SECTION 33
Effect of partial invalidity of Act. The provisions of this Act
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are severable, and if any of its provisions shall be held unconstitu tional by any court of competent jurisdiction, the decision of such court shall not affect the remaining provision.
SECTION 34
Repealing clause. All laws or parts of laws in conflict with the provisions of this Act are hereby repealed.
Mr. Hawkins of Screven 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 Ballard Barrett Baughman Birdsong Black Blalock of Clayton Bodenhamer Boggs Brackin Brennan Brooks of Oglethorpe Broome Budd Burkhalter Busbee Caldwell A. Campbell of
Walker W. Campbell of
Walker Carr Carswell Chastain Cheatham Cheek
Cocke Craven Dorminy Duncan Echols Elder Ellis Eyler Fellows Floyd Flynt Fordham Fowler of Douglas
Fowler of Treutlen Frazier Gowen Griffith Grimsley Hall of Floyd Hall of Lee Hardaway Harrison Hawkins Henderson Hill Hodges of Ware Hodges of Butts Hogan Holcombe Holley Holloway Huddleston Hurst Ingle Johnson Jones of Wayne Jones of Worth Jones of Laurens Jones of Sumter Jones of Crawford Kelley Key Kidd Killian King Land Larkins Lee Lokey Lott Mackay Mann Martin
Matthews Mobley Moorman Moss Murphy McCracken McWhorter Neese Newton Nichols Nilan Palmer Parker of Appling Pelham Perkins Perry Peters Phillips of Columbia Phillips of Walton Pickett Ray Rogers of Heard Russell Rutland Scoggin Sheffield Short Sivell Smith of Emanuel Smith of Bryan Souter Stephens Story Summers Tabb Tamplin Tarpley Taylor Todd Twitty
WEDNESDAY, FEBRUARY 19, 1958
1131
Underwood Veal Walker of Lowndes Walker of Telfair Weems
Wells Willingham Willis Wilson Wooten
Wright of Ployd Wright of Dodge Yandle Young
On the motion to agree, the ayes were 132, nays 0.
The Senate substitute to HB 946 was agreed to.
The following Bill and Resolution of the House were taken up for the pur pose of considering the Senate amendments thereto:
HB 820. By Mr. McKenna of Bibb:
A Bill to be entitled an Act to amend an Act establishing the State Employees' Retirement System; and for other purposes.
The following Senate amendment was read:
By Hill of 54th
Said Act (Ga. Laws 1949, p. 138) is further amended by adding to Section 5, paragraph (2), after Sub-Paragraph (b), relating to service retirement benefits, a new sub-paragraph to be known as SubSection (b-1), which shall read as follows:
"(b-1) A monthly retirement allowance of 1/540 percent of the individual's highest total earnable compensation for each month of service as a department head and/or statutory officer and/or the chief administrative assistant to such department head and/or statutory officer, in addition to Sub-Paragraph (b) ; provided, however, such credit shall not be in excess of twenty (20) years' service in such capacity, and monthly allowance shall only be creditable after the member has qualified for benefits that would be computed and/or payable at sixty-five (65) years of age and the provisions of this Sub-Section (b-1) shall not apply to emeritus positions, nor shall such credits cause the total retirement allowance of a member to exceed twice the maximum credits allowable under this Sub-Section (b-1)."
And amend the caption and Sections of HB 820 accordingly.
Mr. Hall of Floyd moved that the House disagree to the Senate amendment to HB 820, and the motion prevailed.
The Senate amendment to HB 820 was disagreed to.
HR 323. By Messrs. Scoggin, Hall of Floyd and others: A Resolution creating the Insurance Laws Revision Committee; and for other purposes.
The following Senate amendment was read:
Senator Trotter of the 37th moves to amend HR 323 by striking the first sentence of page 2 of said Act and inserting in lieu thereof the following
1132
JOURNAL OP THE HOUSE,
The Committee shall be composed of fifteen members as follows:
(a) The Comptroller General as Insurance Commissioner
(b) The Attorney General
(c) Three members of the Senate
(d) Five members of the House of Representatives
(e) One member to represent the Accident & Health Insurance industry
(f) One member to represent the Fire & Allied lines of the insur ance industry
(g) One member to represent the Life Insurance industry
(h) One member to represent the General Casualty Insurance industry
(i) One member to represent the Mutual Insurance industry
And by adding at the end of the list of committee membership the following paragraph:
The membership of the committee shall elect the chairman of the committee.
The Committee shall make its report to the General Assembly not later than the second Monday in January, 1959, and the total cost of the project including all per diem of members of the Committee and salaries for employees or agents shall not exceed $50,000.00.
The Committee on Industry and Labor moves to amend HR 323 by striking from Line 1 on Page 2 thereof the figure "twelve (12)" and inserting in lieu thereof the figure "thirteen (13)".
By adding a new Sub-paragraph to Page 2 thereof to be designated "Sub-paragraph (j)" to read as follows:
"One member to represent the mutual insurance industry".
By adding after the word "Governor" in Line 19 on Page 2 the following phrase:
"Upon the recommendation of the Insurance Commissioner".
By adding to the last sentence of said Resolution, after the word "Governor", the following phrase:
"Upon the recommendation of the Insurance Commissioner".
Mr. Hall of Floyd 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 Bagby Ballard
Barber Barrett Baughman Birdsong
Black Blalock of Coweta Brackin Bradley
WEDNESDAY, FEBRUARY 19, 1958
1133
Brennan Brooks of Oglethorpe
Broome Budd Burkhalter Busbee Cagle Caldwell A. Campbell of
Walker W. Campbell of
Walker Carr Carswell Chastain Cheatham Cheek Cloud Cocke Craven Crummey Dorminy Duncan Echols Elder Eyler Fellows Floyd Flynt Fordham Fowler of Douglas Fowler of Treutlen Frazier Fuqua Gowen Greene of Bartow Griffith Grimsley Gross of Stephens Hall of Floyd Hall of Lee Hardaway Harper Harrison
Hawkins Henderson Hill Hodges of Ware Hogan Holley Holloway Huddleston Hurst Ingle Irvin Johnson Jones of Wayne Jones of Worth Jones of Lumpkin Jones of Laurens Jones of Crawford Kelley Key Kidd Killian King Lancaster Land Lanier Larkins Lee Lokey Lott Love Mann Martin Matthews Miller Mobley Moss Murphy McWhorter Neese Nichols Palmer Parker of Appling
Payton Pelham
Perkins Perry Peters Phillips of Columbia Phillips of Walton Pickard Pickett Ray Roberts Rodgers of Charlton Rogers of Heard Ross Russell Scoggin Singer Sivell Smith of Emanuel Smith of Whitfield Smith of Bryan Souter Stephens Story Summers Tabb Tamplin Tarpley Taylor Todd Truelove Twitty Underwood Veal Walker of Lowndes Walker of Telfair
Weems Wells Willingham Winkle Wooten Wright of Floyd Wright of Dodge Yandle Young
On the motion to agree, the ayes were 140, nays 0.
The Senate amendments to HE 323 were agreed to.
By unanimous consent, the House reconsidered its action in failing to adopt by a two-thirds constitutional majority, the following Resolution of the House:
HR 427-1070b. By Mr. Love of Catoosa: A Resolution proposing an amendment to the Constitution relating to
1134
JOURNAL OF THE HOUSE,
the provisions of the terms of the members of the General Assembly; and for other purposes.
The following Resolutions of the House and Senate were read and adopted:
HR 510. By Mr. Broome of Bacon:
A RESOLUTION
Expressing regret at the passing of the Honorable J. M. Medders; and for other purposes.
WHEREAS, Honorable J. M. Medders, former member of the House of Representative from Bacon County and Mayor of the City of Alma, passed away February 16, 1958; and
WHEREAS, he had served the people of his community, his county and his State with honesty and integrity for many long years; and
WHEREAS, his death is a great loss to all concerned;
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body expresses its sincerests regrets at the passing of Honorable J. M. Medders and extends its deepest sympathy to the members of his family.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit suitable copies of this resolution to the members of his family.
SR 152. By Senators Cox of the 50th, Trotter of the 37th, Hawes of the 30th and McGarity of the 35th:
A Resolution to appoint a joint Senate-House Committee to study pro posed increased insurance rates in Georgia; and for other purposes.
The following Resolutions of the Senate were read and referred to the Committee on Rules:
SR 144. By Senator Gillis of the 16th:
A Resolution proposing that the Appropriations Committee of the Senate, with the Appropriations Committee of the House be authorized and directed to continue their investigations after this session of the General Assembly is concluded; and for other purposes.
SR 150. By Senator Hawes of the 30th:
A Resolution relative to the Mental Health Study Committee; and for other purposes.
The following Resolution of the House was read the third time and adopted:
HR 496. By Mr. Cocke of Terrell:
A Resolution relative to the Natural Resources Committee of the House of Representative; and for other purposes.
WEDNESDAY, FEBRUARY 19, 1958
1135
The following report of the Committee on Rules was read and adopted:
February 19, 1958
MR. SPEAKER:
Your Committee on Rules met and fixed a calendar for today's business, Wednesday, February 19, 1958 and submits the following:
HR 494.
Ports Authority
HB 1038.
Firemen, pensions
HB 1168.
Oil wells
HB 980.
Criminal bonds, fees
HR 437.
Create motor vehicle committee to study taxes; fees
HB 1102.
Postponed today--Drugs to minors
HB 1006.
School attendance
HR 349-838a.
School of law, request
HB 689.
Gasoline Sales
HB 691.
Petroleum products, misbranding
HR 326-785a.
Monument, Captain Wirtz
HR 254-662d.
County Board of Education to appoint County School Superintendent
HR 329-785d.
Barratry
HB 877.
Divorce, residence
HB 1004.
Support, minor children
HB 888.
Fire insurance, maximum amount
HB 687.
Dept. Public Safety
HB 992.
Fish, sale of
HB 256.
No legal guardian, distribution of funds
HR 481-1159a.
Jefferson Davis Highway
HR 493.
Committee to inspect State owned property
HR 498.
Committee to plan construction of records building
HB 280.
Watchmakers
HB 907.
Voting machines
HB 1034. SB 202. SB 229. SR 112. SR 116. HB 1063.
County roads, mark Ports Authority, surplus property Ga. Bureau of Investigation, Agents Ocean Highway Farmers Market Old age assistance, income of recipient
1136
JOURNAL OF THE HOUSE,
Under the order of business established by the Committee on Rules, the following Bill of the Senate was taken up for consideration and read the third time:
SB 202. By Senators Kelley of the 10th, Crawford of the 1st and Hawes of the 30th:
A Bill to be entitled an Act to further define the powers of the Georgia Ports Authority; 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 Barrett Baughman Birdsong Blalock of Clayton Bodenhamer Brackin Brennan
Brooks of Oglethorpe Broome Burkhalter Busbee Caldwell Callier A. Campbell of
Walker W. Campbell of
Walker Carlisle Carr Carswell Chastain Cheatham Cheek Cloud Coalson Cocke Cowart Craven Crummey Echols Elder
Eyler Fellows Floyd Flynt Fordham Fowler of Douglas Fuqua Gowen Green of Rabun Grimsley Gross of Dade Hall of Floyd Hall of Lee Hardaway Harrison Hawkins Henderson Hodges of Ware Hodges of Butts Hogan Holcombe Holley Holloway Huddleston Hurst Ingle Jessup Johnson Jones of Wayne Jones of Worth Jones of Lumpkin Jones of Laurens Jones of Sumter Jones of Crawford
Key Killian
King Land Lanier Larkins
Long Mann Martin Matthews Miles Miller of Elbert
Mobley Moorman Morris Murphy Musgrove McGibony
Neese Nichols Nilan Orr Parker of Ware Parker of Appling Pelham Perkins Perry Phillips of Columbia Phillips of Walton Pickard Pickett Ramsey Raulerson Reed
WEDNESDAY, FEBRUARY 19, 1958
1137
Roberts Rodgers of Charlton Rowland
Sheffield Smith of Bryan Souter Stephens Summers Tamplin
Tarpley Taylor Todd
Twitty Underwood Veal Walker of Telfair Watson Weenis
Wells White Willingham
Willis Wooten Wright Yandle Young
Those voting in the negative were Messrs.:
Adams Ballard
Black
Blalock of Coweta Bradley Cagle Ellis Fowler of Treutlen Griffith
Gross of Stephens Harper
Hill
Kidd Lam Lokey Murr McCracken McKenna
Payton Rogers of Heard Ross Story Tabb Walker of Lowndes Wilson
On the passage of the Bill, the ayes were 127, nays 25.
The Bill, having received the requisite constitutional majority, was passed.
Mr. Russell of Barrow asked unanimous consent that the following Bill of the House be withdrawn from the Committee on State of Republic and committed to a Committee of the Whole House.
HB 718. By Messrs. Overby of Hall, Jessup of Bleckley, Orr of Wilkes, and Jones of Baker.
Objection was heard, and Mr. Russell of Barrow moved that HB 718 be withdrawn from the Committee on State of Republic.
On the motion to withdraw, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Alien Bagby Ballard Barrett Black
Blalock of Coweta Blaloek of Clayton Bolton Bradley
Brooks of Oglethorpe Brooks of Fulton Broome Budd
A. Campbell of Walker
W. Campbell of Walker
Carr Carswell
Carter Cheatham Dorminy Elder
Ellis Fordham Fowler of Treutlen Frazier
Gowen Griffith Grimsley Gross of Stephens Gunter Hall of Floyd
Hall of Lee Hodges of Ware Holcombe Holley
Holloway Huddleston Irvin Jessup
1138
JOURNAL OF THE HOUSE,
Johnson Jones of Wayne Jones of Worth Jones of Lumpkin Jones of Laurens Jones of Sumter Lancaster Lanier Lee Mackay Matthews Miller of Elbert Mobley Murphy
Murr McGihony McWhorter Nichols Orr Palmer Parker of Ware Parker of Appling Pelham Raulerson Roberts Rogers of Heard Ross Russell
Singer Smith of Emanuel Stephens Story Summers Tabb Tamplin Tarpley Twitty Underwood Veal Walker of Lowndes Willingham Wooten
Those voting in the negative were Messrs.:
Baughman Birdsong Bodenhamer Burkhalter Chastain Cheek Cloud Cowart Ployd Fowler of Douglas Fuqua Green of Rabun Hardaway Hawkins Helms Hogan Ingle
Jones of Crawford Kelley Key Killian Lam Larkins Lindsey Mann Martin Miles Moorman Musgrove McKenna Newton Nilan Overby Payton
Peters Pettey Phillips of Walton Pickard Reed Rodgers of Charlton Rogers of Heard Rowland Sheffield Smith of Bryan Taylor Wells White Wilson Winkle Wright of Dodge Young
On the motion to withdraw, the ayes were 82, nays 50.
The motion prevailed, and HB 718 was withdrawn from the Committee on State of Republic.
Mr. Russell of Barrow moved that the House resolve itself into a Com mittee of the Whole House for the purpose of considering HB 718, and the motion was lost.
By unanimous consent, HB 718 was referred to the Committee on Rules.
Under the order of business established by the Committee on Rules, the following Resolution of the House was taken up for Consideration and read the third time:
HR 494. By Mr. Hawkins of Screven:
A Resolution approving the report of the Special Committee of the Senate and House of Representatives appointed to examine the property
WEDNESDAY, FEBRUARY 19, 1958
1139
proposed to be acquired by the Georgia Ports Authority; 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 127, nays 24.
The Resolution, having received the requisite constitutional majority, was adopted.
The following message was received from the Senate through Mr. Stewart, thereof:
Mr. Speaker:
The Senate has passed as amended by the requisite constitutional majority the following Resolution of the House to wit:
HR 492. By Mr. Odom of Camden:
A Resolution to increase the expense allowance for members of the General Assembly for the period covering this 1958 session.
Under the order of business established by the Committee on Rules, the fol lowing Resolutions of the House were taken up for consideration and read the third time:
HR 352-838d. By Mr. Hurst of Quitman: A Resolution to compensate D. D. Whitman; 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 roll call was ordered and the vote was as follows:
Voting in the affirmative were Messrs.:
Ballard Barber Barrett Baughman Birdsong Black Boggs Bolton Brackin Bradley
Brennan Broome Budd Burkhalter Busbee Cagle Caldwell A. Campbell of
Walker W. Campbell of
Walker Carlisle Chastain Cheatham Cheek Cloud Coalson Cocke Cowart Craven
1140
JOURNAL OF THE HOUSE,
Denmark Dorminy Duncan Echols Elder Ellis Eyler Fellows Fowler of Douglas Fuqua Gowen Greene of Bartow Griffith Grimsley Gross of Stephens Gunter Hall of Lee Hardaway Harper Harrison Helms Henderson Hendrix Hill Hodges of Ware Hodges of Butts Hogan Holcombe Holloway Ingle Irvin Jessup Johnson Jones of Laurens Jones of Sumter
Jones of Crawford Kelley Kennedy Key Kidd Killian Lancaster Land Larkins Lee Lindsey Lokey Long Love Mackay Mann Martin Matthews Miles Miller of Elbert Mobley Moorman Moss Murphy Murr McClelland McGibony McKenna McWhorter Newton Nichols Odom
Orr Palmer Parker of Ware
Parker of Appling Perkins Perry Phillips of Walton Pickett Ramsey Raulerson Reed Roberts Rogers of Heard Ross Rowland Scoggin Sheffield Singer Sivell Smith of Fulton Smith of Whitfield Smith of Bryan Stephens Story Summers Tabb Tamplin Tarpley Taylor Twitty Walker of Lowndes Watson Wells White Willingham Willis Winkle Wooten
On the adoption of the Resolution, the ayes were 133, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
HR 353-838e. By Mr. Barrett of Cherokee: A Resolution compensating Dr. Jack W. Jones; 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 roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Ballard Barber
Barrett Baughman
Birdsong Black
WEDNESDAY, FEBRUARY 19, 1958
1141
Boggs Bolton Brackin Bradley Brennan Broome Budd Burkhalter Busbee Cagle Caldwell x A. Campbell of
Walker W. Campbell of
Walker Carlisle Chastain Cheatham Cheek Cloud Coalson
Cocke Cowart Craven Denmark Dorminy Duncan Echols Elder Ellis Eyler Fellows Fowler of Douglas Fuqua Gowen Greene of Bartow Griffith Grimsley Gross of Stephens Gunter Hall of Lee Hardaway Harper
Harrison Helms Henderson Hendrix Hill Hodges of Ware Hodges of Butts Hogan Holcombe Holloway Ingle Irvin Jessup Johnson Jones of Laurens Jones of Sumter Jones of Crawford Kelley Kennedy Key Kidd Killian Lancaster Land Larkins Lee Lindsey Lokey Long Love Mackay Mann Martin Matthews Miles Miller of Elbert Mobley Moorman Moss Murphy Murr McClelland McGibony
McKenna McWhorter Newton Nichols Odom Orr Palmer Parker of Ware Parker of Appling Perkins Perry Phillips of Walton Pickett Ramsey Raulerson Reed Roberts Rogers of Heard Ross Rowland Scoggin Sheffield Singer Sivell Smith of Fulton Smith of Whitfield Smith of Bryan Stephens Story Summers Tabb Tamplin Tarpley Taylor Twitty Walker of Lowndes Watson Wells White Willingham Willis Winkle Wooten
On the adoption of the Resolution, the ayes were 133, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
The following Resolution of the House was taken up for the purpose of considering the Senate amendment thereto:
HR 492. By Mr. Odom of Camden:
A Resolution to increase the expense allowance for the members of the General Assembly; and for other purposes.
1142
JOURNAL OF THE HOUSE,
The following Senate amendment was read:
Senator Williams of the 51st moves to amend HR 492 by adding after the words "General Assembly" in the second line of the last para graph of said Resolution the following:
Aides including the Secretary of the Speaker of the House, Aides including the Secretary of the Lieutenant Governor, Assistant Secretary of the Senate, Messengers of the House and Senate. Doorkeepers of the House and Senate, Assistant Clerks of the House, Messenger to the Secretary of Senate, Reading Clerk of the Senate, Journal Clerk of the Senate, and Calendar Clerk of the Senate.
Mr. Odom of Camden moved that the House agree to the Senate amendment. On the motion to agree, the ayes were 110, nays 16.
The Senate amendment to HR 492 was agreed to.
Messrs. Twitty of Mitchell, Smith of Emanuel, Bagby of Paulding, Under wood of Montgomery, Prazier of Jeff Davis, Murphy of Haralson, Fowler of Douglas, Moss and Story of Gwinnett, Jones of Lumpkin, Lokey of McDuffie, and Blalock and Lee of Clayton requested that the Journal show them as having voted "nay" on the adoption of the Senate amendment to HR 492.
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 1006. By Mr. Bodenhamer of Tift:
A Bill to be entitled an Act to repeal an Act to provide for the com pulsory school attendance of all children within the State of Georgia between their seventh and Sixteenth birthdays; and for other purposes.
The following substitute offered by Mr. McCracken of Jefferson was read:
A BILL
To be entitled an Act to amend an Act providing for compulsory school attendance, approved March 8, 1945 (Ga. Laws 1945, p. 343), as amended by an Act approved February 26, 1957 (Ga. Laws 1957, p. 168), so as to provide that the provisions of said Act shall not apply in any public school district or system in this State, whether county or independent, wherein the operation of the public schools by public officers may be discontinued; to define public school districts or systems; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act entitled "An Act to provide for the compulsory school attendance of all children within the State of Georgia between their seventh and sixteenth birthdays; to provide the minimum session of such annual school attendance, and the exceptions therefrom; to provide for the enforcement of such attendance laws by authorized county and independent school system boards of education, to employ a full time visiting teacher or teachers, to be qualified in accordance
WEDNESDAY, FEBRUARY 19, 1958
1143
with professional requirements as prescribed by the State Board of Education; to prescribe the powers, duties, and authority of such visit ing teachers; to permit the employment of part-time visiting teachers; to permit the employment of other persons to act as attendance officers in lieu of visiting teachers; to require certain reports from public, private, parochial and denominational teachers, schools, and principals; to provide the penalties for violation of this Act, and for the treatment of children absent from school as delinquents, in the Juvenile, Superior and City Courts; to provide that the unconstitutionality of any provi sion of this Act shall not affect the constitutionality of any other provision thereof; to repeal all laws or parts of laws inconsistent or in conflict herewith, and to wholly repeal Sections 32-2101, 32-2102, 32-2103 and 32-9906 of the Georgia Laws relating to compulsory school attendance", approved March 8, 1945 (Ga. Laws 1945, p. 343), as amended by an Act approved February 26, 1957 (Ga. Laws 1957, p. 168), is hereby amended by adding a new section to be numbered "Sec tion 12-A", to read as follows:
"Section 12-A;. The provisions of this Act shall not apply in any public school district or system in this State, whether county or independent, wherein the operation of the public schools by pub lic officers may be discontinued. Public school district or system as used in this Act shall include all public school systems in this State, including those maintained and operated by counties, cities, towns and municipalities, including independent local systems and all public school systems, whether created before or after the Con stitution of 1877".
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. McCracken of Jefferson and Bodenhamer of Tift moves to amend the substitute to HB 1006 as follows:
By adding the words "of this State" after the words "officers" in the fourth line of Section 12A as written.
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 roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Bagby Ballard
Barber Barrett Baughman
Birdsong Black Blalock of Coweta
1144
JOURNAL OF THE HOUSE,
Blalock of Clayton Bodenhamer
Boggs Bolton Brackin Bradley Brennan Brooks of Oglethorpe Broome Budd Burkhalter Busbee A. Campbell of
Walker W. Campbell of
Walker Carlisle Carr Carswell
Carter Chastain Cheatham Cheek Cloud Coalson Cowart Craven Dorminy Duncan Elder Ellis Fellows
Floyd Flynt Fordham Fowler of Douglas Fowler of Treutlen Frazier Gowen Green of Rabun Greene of Bartow Griffith Grimsley Gross of Stephens Gross of Dade Gunter Hall of Floyd Hall of Lee Hardaway Harper Harrison Hawkins
Helms Henderson Hill Hodges of Ware Hodges of Butts Hogan Holcombe Holley Holloway Huddleston Hurst Ingle Irvin Jessup Johnson Jones of Wayne Jones of Lumpkin Jones of Laurens Jones of Sumter Jones of Crawford Kelley Kennedy Key Kidd Killian King Lam Land Lanier Larkins Lee Lindsey Lokey Long Mann Martin Matthews Miles Miller of Elbert Mobley Moorman Morris Moss Murphy Murr Musgrove McCracken McGibony McKenna Neese Newton Nichols
Those voting in the negative were Messrs.:
Brooks of Fulton McWhorter
McClelland
Odom Orr Overby Palmer Parker of Ware Parker of Appling Payton Pelham Perkins Perry Peters Pettey Phillips of Columbia Phillips of Walton Pickett Ramsey Raulerson Ray Reed Roberts Rodgers of Charlton Rogers of Heard Ross Rowland Russell Rutland Scoggin Sivell Smith of Emanuel Smith of Whitfield Stephens Story Summers Tabb Tamplin Tarpley Taylor Todd Twitty Underwood Walker of Lowndes Walker of Telfair Watson Weems Wells Willingham Willis Winkle Wooten Wright of Dodge Yandle Young
Mackay
WEDNESDAY, FEBRUARY 19, 1958
1145
On the passage of the Bill, by substitute, as amended, the ayes were 164, nays 4.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.
By unanimous consent, the Clerk was directed to change the words "may be" to the word "is" in the 4th line of the quoted Section 12-A of HB 1006.
Mr. Sheffield of Brooks requested that the Journal show him as having voted "aye" on HB 1006.
HB 980. By Mr. Overby of Hall:
A Bill to be entitled an Act to amend Code Section 27-501, relating to fees for criminal bonds; 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 Barrett Baughman Bridsong Black Bodenhamer Brooks of Fulton Broome Budd Carlise Carswell Coalson Cocke Craven Denmark Duncan Eyler Fellows Floyd Fowler of Douglas Fowler of Treutlen Frazier Gowen
Green of Rabun Greene of Bartow Gross of Stephens Gross of Dade Gunter Hall of Floyd Hall of Lee Hardaway Harper Hill Hodges of Butts Hogan Holcombe Huddleston Hurst Ingle Irvin Jones of Laurens Jones of Crawford Kelley Kennedy Key Killian Lam Lancaster
Land Lanier Long Love Martin Matthews Miller of Elbert Morris Moss Murphy Murr McClelland McGibony McKenna Neese Nichols Nilan Orr Overby Perkins Perry Peters Pettey Phillips of Walton Pickett
1146
JOURNAL OF THE HOUSE,
Roberts Rogers of Heard Rowland Russell Scoggin Singer Sivell Stephens Story
Summers Tabb Tamplin Tarpley Taylor Underwood Walker of Lowndes Walker of Telfair Watson
Weems Wells Wilson Wooten Wright of Dodge Yandle Young
Those voting in the negative were Messrs.:
Callier
Chastain Helms Henderson
Hodges of Ware
Jones of Wayne Mackay Newton
Parker of Ware Parker of Appling Willis
On the passage of the Bill, the ayes were 100, nays 11.
The Bill, having failed to receive the requisite constitutional majority, was lost.
Mr. McKenna of Bibb gave notice that at the proper time he would move that the House reconsider its action in failing to pass HB 980.
Mr. McKenna of Bibb moved that the House reconsider its action in failing to pass the following Bill of the House:
HB 980. By Mr. Overby of Hall:
A Bill to be entitled an Act to amend Code Section 27-501, relating to fees for criminal bonds; 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 Bagby Barber Barrett Baughman Birdsong Bodenhamer Brooks of Oglethorpe Brooks of Fulton Broome Cagle Callier A. Campbell of
Walker W. Campbell of
Walker Carlisle
Carswell Carter Coalson Cocke Craven Denmark Dorminy Duncan Eyler Floyd Fowler of Douglas Fowler of Treutlen Frazier Gowen Green of Rabun Greene of Bartow Griffith
Gross of Stephens Gross of Bade Hall of Lee Hardaway Harper Hendrix Hill Hodges of Butts Hogan Holcombe Hurst Ingle Irvin Jones of Laurens Kelley Kennedy Key
WEDNESDAY, FEBRUARY 19, 1958
1147
Kidd Killian Lam Lancaster Land Lanier Larkins Lokey Long Love Mann Martin Matthews Miller of Elbert Morris Murphy Musgrove McClelland McGibony
McKenna Nichols Nilan Orr Overby Palmer Perkins Perry Peters Pettey Pickett Ramsey Ray Rodgers of Charlton Rowland Russell Sheffield Sivell Smith of Fulton
Souter Stephens Tabb Tamplin Tarpley Taylor Twitty Underwood Walker of Lowndes Walker of Telfair Watson Weems Wells Wilson Wooten Wright of Dodge Yandle Young
Those voting in the negative were Messrs.:
Chasiain Helms Henderson
Jones of Wayne Lott Newton
Parker of Ware Parker of Appling Willis
On the motion to reconsider, the ayes were 105, nays 9.
The motion prevailed, and the bill was reconsidered.
Under the order of business established by the Committee on Rules, the following Bill of the House was again taken up for consideration:
HB 980. By Mr. Overby of Hall:
A Bill to be entitled an Act to amend Code Section 27-501, relating to fees for criminal bonds; 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 Ballard Barber
Barrett Birdsong Bodenhamer Brooks of Fulton
Broome Budd Cagle Callier
1148
JOURNAL OF THE HOUSE,
A. Campbell of Walker
W. Campbell of Walker
Carlisle Carswell Carter Cloud Coalson Cocke Craven Denmark Dorminy Duncan Eyler Ployd Fowler of Douglas Fowler of Treutlen Frazier Gowen Green of Rabun Greene of Bartow Griffith Gross of Stephens Gross of Dade Gunter Hall of Lee Hardaway Hendrix Hill Hodges of Butts Hogan Holcombe Hurst
Ingle Irvin Jessup Jones of Laurens Jones of Crawford Kelley Kennedy Key Kidd Killian Lam Lancaster Land Lanier Larkins Lokey Long Lott Love Mann Martin Matthews Miller of Elbert Morris Murphy McClelland McGibony McKenna Nichols Nilan Orr Overby Perkins Perry
Peters Pettey Pickett Ramsey Ray Rodgers of Charlton Rowland Russell Scoggin Sheffield Sivell Smith of Fulton Smith of Whitfield Souter Stephens Summers Tabb Tamplin Tarpley Taylor Twitty Underwood Walker of Lowndes Walker of Telfair Watson Weems Wells Wilson Winkle Wooten Wright of Dodge Yandle Young
Those voting in the negative were Messrs.:
Baughman Black Blalock of Coweta Chastain Helms
Henderson Hodges of Ware Jones of Wayne Moorman Newton
Parker of Ware Parker of Appling Raulerson Story Willis
On the passage of the Bill, the ayes were 111, nays 15.
The Bill, having received the requisite constitutional majority, was passed.
Under the order of business established by the Committee on Rules, the following Resolutions of the House were taken up for consideration and read the third time:
HR 437. By Messrs. Broome of Bacon, Twitty of Mitchell, Budd of Lowndes, Parker of Ware, Hawkins of Screven and Russell of Barrow:
A Resolution creating a committee to make a study of taxes, fees, and related matters applicable to motor vehicles; and for other purposes.
WEDNESDAY, FEBRUARY 19, 1958
1149
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.
Ballard Barber Baughman Black Blalock of Coweta Boggs Brackin Brooks of Oglethorpe Brooks of Fulton Broome Budd Burkhalter Busbee Callier A. Campbell of
Walker W. Campbell of
Walker Carlisle Carswell Carter Chastain Cheek Coalson Cocke Denmark Echols Floyd Flynt Fowler of Douglas Gowen Griffith Gross of Stephens Hall of Floyd Hall of Lee Hardaway Harper
Harrison Hawkins Helms Henderson Hendrix Hill Hodges of Ware Hodges of Butts Hogan Holcombe Holloway Hurst Ingle Irvin Jessup Jones of Wayne Jones of Laurens Kennedy Key Kidd Killian King Land Larkins Lott Love Mackay Mann Martin Matthews Moss Murphy Musgrove McClelland McKenna Neese Newton
Nichols Orr Parker of Pike Parker of Ware Parker of Appling Payton Perkins Perry Pettey Phillips of Walton Pickett Ramsey Reed Rodgers of Charlton Rogers of Heard Rutland Scoggin Sheffield Smith of Fulton Souter Stephens Story Tabb Tamplin Tarpley Twitty Veal Walker of Lowndes Walker of Telfair Watson While Willingham Wilson Wooten Wright of Dodge
Those voting in the negative were Messrs.:
Birdsong Lancaster
McGibony
Summers
On the adoption of the Resolution, the ayes were 108, nays 4.
1150
JOURNAL OF THE HOUSE,
The Resolution, having received the requisite constitutional majority, was adopted.
HR 349-838a. By Messrs. Mackay, Rutland, and McWhorter of DeKalb, Barber of Jackson, Matthews of Clarke and many others:
A Resolution to request the Institute of Law and Government of the School of Law of the University of Georgia to study the fact-finding and other staff services of the Legislatures of other 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.
On the adoption of the Resolution, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.
Ballard Barber Baughman Birdsong Blalock of Clayton Boggs Brackin Bradley Brennan Brooks of Oglethorpe Brooks of Pulton Broome Burkhalter Busbee Cagle Callier A. Campbell of
Walker W. Campbell of
Walker Carlisle Carswell Cartei-
Cheek Cloud Coalson Cocke Cowart Craven Dunean Echols Floyd Fowler of Douglas
Fuqua Greene of Bartow Griffith Gross of Stephens Gunter Hall of Floyd Hall of Lee Hardaway Harper Harrison Hawkins Helms Henderson Hill Hodges of Butts Hogan Holley Holloway Johnson Jones of Wayne Jones of Worth Jones of Laurens Jones of Crawford Kennedy Key Kidd Killian Land Lee Lokey Lott Love Mackay
Mann Matthews Miles Mobley Moss Murphy Musgrove McClelland McGibony McKenna McWhorter Newton Nichols Nilan Odom Orr Parker of Pike Parker of Ware Parker of Appling Pelham Peters Pettey Phillips of Walton Pickett Ramsey Rodgers of Charlton Rogers of Heard Ross Rowland Rutland Scoggin Sheffield Smith of Emanuel
WEDNESDAY, FEBRUARY 19, 1958
1151
Smith of Lamar Smith of Fulton Smith of Whitfield Souter Stephens Story Summers Tabb
Tamplin Tarpley Taylor Todd Walker of Lowndes Watson Wells White
Willingham Wilson Winkle Wooten Wright of Dodge Yandle
On the adoption of the Resolution, the ayes were 119, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
Mr. Moate of Hancock County, Chairman of the Committee on Rules sub mitted the following report:
Mr. Speaker:
Your Committee on Rules has had under consideration the following Bills and Resolutions of the House and has instructed me as Chairman, to report the same back to the House with tbe following recommendations:
HB 718. Do Pass. Respectfully submitted,
Moate of Hancock,
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 907. By Mr. Sheffield of Brooks:
A Bill to be entitled an Act to provide for the use of voting machines for casting, registering, recording and computing ballots or votes at all elections; 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:
Bagby Ballard Barber Barrett Baughman
Birdsong Blalock of Clayton Brackin Brennan Brooks of FuLon
Broome Budd Burkhalter Busbee Caldwell
1152
JOURNAL OF THE HOUSE,
A. Campbell of Walker
W. Campbell of Walker
Carlisle Carswell Chastain Cheek Cloud Coalson Cocke Craven Denmark Duncan Fowler of Douglas Fowler of Treutlen
Fuqua Gowen Green of Rabun Griffith Gunter Hall of Lee Hall of Floyd Helms Henderson Hendrix Hill Hodges of Butts Hogan Holeombe Holloway Hurst Ingle Irvin Johnson Jones of Wayne
Jones of Laurens Kennedy Key Kidd Killian Lam Lancaster Land Lee Lokey Lott Love Mackay Mann Martin Matthews Miles Mobley Moorman Morris Moss Murphy Musgrove McClelland McCracken McGibony Neese Newton Nichols Nilan Odom Overby Parker of Ware Parker of Appling Payton Pelham
Peters Pettey Phillips of Walton Pickard Pickett Ramsey Raulerson Reed Rodgers of Charlton Ross Rowland Scoggin Sheffield Sivell Smith of Emanuel Smith of Fulton Smith of Whitfield
Souter Stephens Story Summers Tamplin Tarpley Taylor Veal Walker of Lowndes Walker of Telfair Watson Wells White Willis Wooten Wright of Floyd Wright of Dodge Yandle Young
Voting in the negative was Mr. Willingham.
On the passage of the Bill, the ayes were 121, nays 1.
The Bill, having received the requisite constitutional majority, was passed.
HR 489. By Mr. Matthews of Clarke:
A Resolution authorizing funds for the activation of the provisions of HB 897; 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 19, 1958
1153
On the adoption of the Resolution, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Bagby Ballard Barber Barrett Baughman Birdsong Blalock of Clayton Bodenhamer Boggs Brackin Brennan Brooks of Oglethorpe Brooks of Fulton Broome Burkhalter Busbee Cagle Caldwell
Cheek Cloud Coalson Cocke Craven Denmark Ellis Floyd Fowler of Douglas Gowen Green of Rabun Greene of Bartow Griffith Gross of Stephens Gunter Hall of Floyd Hall of Lee Hardaway Harper Harrison
Hawkins Helms Henderson Hendrix Hill Hodges of Ware Hogan Holcombe Holloway Ingle Irvin Johnson Jones of Laurens Kelley Kennedy Kidd Killian Land Lee Lokey Lott Love Mann Martin Matthews Mobley Moorman
Morris Moss Murphy Musgrove McClelland MeGibony Newton Nichols Nilan Odom Overby
Parker of Ware Parker of Applirig Payton Pelham Peters Pettey Phillips of Walton Pickett Ramsey Raulerson Reed Rodgers of Charlton Rogers of Heard Rowland Scoggin Sheffield Smith of Emanuel Smith of Fulton Smith of Whitfield Souter Stephens Story Tabb Tamplin Tarpley Taylor Todd Walker of Lowndes Walker of Telfair Watson Wells White Willingham Winkle Wooten Wright of Floyd Wright of Dodge Yandle
On the adoption of the Resolution, the ayes were 114, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
The following amendment to the Rules committee report was read and adopted:
February 19, 1958
Mr. Speaker:
Your Committee on Rules met upon call of the Chairman and added to the
1154
JOURNAL OP THE HOUSE,
calendar fixed for Wednesday, February 19, 1958 the following Bills and Reso lutions of the House of Representatives, to wit:
HB 718. Voters qualifications.
HR 423. Survey Industrial Potentials.
Hawkins of Screven, Vice Chairman McCracken of Jefferson, Secretary
Under the order of business established by the Committee on Rules, the following Bill and Resolution of the House were taken up for consideration and read the third time:
HR 329-785d. By Messrs. Murphy of Haralson and Hawkins of Screven:
A Resolution to create a joint interim committee of the House and Senate to investigate and hold hearings relative to the need, or lack of need, for legislation further defining and prohibiting barratry and other offenses against the administration of justice; 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.:
Ballard
Barber Barrett Birdsong Black Blalock of Coweta Blalock of Clayton Bodenhamer
Boggs Brackin Bradley Brooks of Oglethorpe Broome Busbee Cagle Caldwell
A. Campbell of Walker
W. Campbell of Walker
Carswell Chastain
Cheatham
Cheek Cloud Coalson Cocke Craven Denmark Ellis
Eyler Floyd Fowler of Douglas Gowen Green of Rabun Greene of Bartow Griffith Gross of Stephens
Hall of Floyd Hall of Lee Hardaway Harper Harrison Hawkins
Helms
Henderson Hill Hodges of Ware Hogan Holloway Irvin Johnson
Jones of Lumpkin Jones of Laurens Kelley Kennedy Key Kidd Killian Lam
Lancaster Land Lanier Larkins Lee Lokey
WEDNESDAY, FEBRUARY 19, 1958
1155
Lott Love Mann Martin Matthews Miller of Elbert Mobley Moorman Morris Moss Murphy Musgrove McGibony Newton Nichols Overby Parker of Ware Parker of Appling
Payton Pelham Perkins Peters Phillips of Walton Pickett Ramsey Reed Rodgers of Charlton Rogers of Heard Ross Rowland Russell Scoggin Singer Smith of Emanuel Smith of Fulton Smith of Whitfield
Souter Stephens Story Tabb Tamplin Tarpley
Taylor Todd Walker of Lowndes Watson Weems Wells White Willingham Willis Winkle Wright of Floyd
On the adoption of the Resolution, the ayes were 117, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
HB 1004. By Messrs. Brooks and McClelland of Fulton:
A Bill to be entitled an Act to provide for the fixing of support to be paid by the father of minor children where a final divorce decree con tains no provisions governing the same; 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.:
Adams Alien Ballard Barber Barrett Birdsong Black Blalock of Coweta Blalock of Clayton Bodenhamer Boggs Brackin Bradley
Brennan Brooks of Oglethorpe Brooks of Fulton Broome Budd Busbee Cagle Caldwell Callier Carswell Cheatham Cheek Cloud
Coalson Craven Denmark Dorminy Echols Elder Ellis Eyler Floyd Fowler of Douglas Fowler of Treutlen Greene of Bartow Griffith
1156
JOURNAL OF THE HOUSE,
Hall of Floyd Hardaway Harper Harrison Hawking Henderson Hill
Hodges of Butts Hogan Holcombe Holloway Irvin Johnson Jones of Laurens Jones of Crawford Kelley Kennedy Key Kidd Killian Lancaster Land Lanier Larking Lokey Lott Love
Mackay Mann Martin Matthews Miles Miller of Elbert Mobley Moorman Morris Moss Murphy Musgrove McClelland McGibony Newton Nichols Odoni Parker of Ware Parker of Appling Payton Pelham Peters Phillips of Walton Pickett Ramsey Reed Rodgers of Charlton
Rogers of Heard Ross Rowland Russell Rutland Scoggin Short Singer Smith of Emanuel Smith of Fulton Smith of Whitfield Smith of Bryan Stephens Story Summers Tabb Tamplin Tarpley Taylor Veal Weems Wells White Willing-ham Winkle Wright of Floyd Yandle
On the passage of the Bill, the ayes were 120, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has passed as amended by the requisite constitutional majority the following Bills of the House to wit:
HB 717. By Mr. Yandle of Toombs:
A Bill to be entitled an Act to amend an Act incorporating the City of Lyons, so as to change the corporate limits; and for other purposes.
HB 1026. By Mr. Key of Jasper:
A Bill to be entitled an Act to amend an Act incorporating the City of Monticello; and for other purposes.
HB 1031. By Mr. Watson of Houston:
A Bill to be entitled an Act to create and incorporate a new munici pality in Houston County, Georgia, to be known as Elberta; and for other purposes.
WEDNESDAY, FEBRUARY 19, 1958
1157
HB 1066. By Messrs. M. Smith, Brooks and McClelland of Fulton:
A Bill to be entitled an Act to amend an Act entitled "An Act author izing Board of Commissioners Roads and Revenues Fulton County to establish rules governing payment of pensions to county employees;" and for other purposes.
HB 1067. By Messrs. M. Smith, Brooks and McClelland of Fulton:
A Bill to be entitled "An Act to provide Fulton County System for pension and retirement pay to teachers and employees of Board of Education"; 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 in amending the following Bill of the House:
HB 820. By Mr. McKenna of Bibb:
A Bill to be entitled an Act to amend an Act establishing the State Employees' Retirement System; and for other purposes.
Under the order of business established by the Committee on Rules, the following Resolution of the House was taken up for consideration and read the third time:
HR 481-1159a. By Messrs. Morris and Bodenhamer of Tift:
A Resolution to clarify certain designations of routes on the Jefferson Davis 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 roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Alien Ballard Barber Barrett Baughman Birdsong Black
Blalock of Coweta Blalock of Clayton Bodenhamer Boggs Brackin Bradley Brennan
Brooks of Oglethorpe Broome Budd Burkhalter Cagle Caldwell Callier
1158
JOURNAL OF THE HOUSE,
A. Campbell of Walker
W. Campbell of Walker
Chastain Cheek Cloud Coalson Cocke Craven Denmark Dorminy Duncan Echols Ellis Eyler Fellows Floyd Fordham Fowler of Douglas Fuqua Gowen Green of Rabun Greene of Bartow
Griffith Hall of Floyd Hall of Lee Hardaway Harrison Harrison Henderson Hendrix Hill
Hodges of Butts Hogan Holcombe Hurst Irvin Jones of Wayne Jones of Laurens Jones of Crawford Kennedy Kidd Killian Lam Lancaster Land Lanier Larkins Lee Lokey Lott Mackay Mann Martin Matthews Miles Moorman Morris Moss Murphy Musgrove McCracken McGibony Neese Newton
Nichols Odom Overby Parker of Ware Parker of Appling Payton Pelham Perkins Peters Phillips of Walton Pickelt Reed Roberts Ross Rowland Russell Scoggin Short Singer Smith of Whitfield Souter Stephens Story Tabb Tarpley Taylor Todd Wells White Willis Wright of Floyd
On the adoption of the Resolution, the ayes were 116, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto:
HB 1026. By Mr. Key of Jasper:
A Bill to be entitled an Act to amend an Act incorporating the City of Monticello; and for other purposes.
The following Senate amendment was read:
Senator Kelly of the 28th moves to amend HB 1026 as follows: By striking from Section 1 thereof wherever the same appears the words, "one and one-fourth (1%)," and inserting in lieu thereof the word, "one (1)."
Mr. Key of Jasper moved that the House agree to the Senate amendment.
WEDNESDAY, FEBRUARY 19, 1958
1159
On the motion to agree, the ayes were 105, nays 0.
The Senate amendment to HB 1026 was agreed to.
Under the order of business established by the Committee on Rules, the fol lowing Bill of the House was again taken up for consideration:
HB 1102. By Messrs. Broome of Bacon and Walker and Budd of Lowndes:
A Bill to be entitled an Act to amend an Act known as the Uniform Narcotic Drug Act; and for other purposes.
The following amendment was read and adopted:
Mr. Broome of Bacon moves to amend HB 1102 as follows:
"Provided, however, any other provisions of this section to the contrary notwithstanding, any person who by himself, agent, or through any other person, in any manner, gives, sells, offers for sale, barters, exchanges or furnishes a minor with any narcotic drug, in violation of the provisions of this Act, shall be guilty of a felony, and upon the first conviction thereof shall be punished by imprisonment in the penitentiary for life. The jury in such cases may recommend that the person convicted be imprisoned in the penitentiary for not less than ten years nor more than twenty years, and it shall be within the discretion of the judge to sentence such person to life imprisonment, or the period provided in the recommendations of the jury. Provided further, how ever, that any person who shall be convicted for the second offense, as set out in the preceding proviso, shall be guilty of a felony, and upon conviction thereof shall be punished by death unless the jury recommends mercy, in which event punishment shall be imprisonment in the penitentiary for life. Provided further, however, that any per son who shall be convicted for the third or any subsequent such offense shall be guilty of a felony and, upon conviction thereof, shall be punished by death and the jury shall no right to recommend mercy and the judge shall have no right to change said death sentence. The imposition or the execution of sentence for offenses as set out in the two preceding provisos shall not be suspended and probation or parole shall not be granted."
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 roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Ballard Barber
Baughman Birdsong Blalock of Coweta
Boggs Brackin Bradley
1160
JOURNAL OP THE HOUSE,
Brooks of Oglethorpe
Broome Budd Cagle Callier A. Campbell of
Walker W. Campbell of
Walker Carr Carswell Chastain Cheek Cloud Craven Dorminy Duncan Elder Ellis Fellows Floyd Flynt Fordham Fowler of Douglas Fowler of Treutlen Frazier Greene of Bartow
Griffith Grimsley Hall of Floyd Harper Harrison
Henderson Hill Hodges of Ware Holcombe Irvin Jessup Johnson Jones of Wayne Kelley Kennedy Kidd Lancaster Larkins Lokey Lott Love Mann
Martin Matthews Miles Mobley Moorman Morris Moss Murphy Musgrove McGibony Newton Nichols Odom Parker of Ware Parker of Appling
Payton Pelham Perkins Phillips of Walton Ray Reed Roberts Ross Russell Scoggin Sheffield Short Sivell Smith of Whitfield Stephens Story Summers Tabb Tamplin Tarpley Taylor Todd Underwood Walker of Lowndes Weems White Willingham Willis
Wooten Wright of Floyd Wright of Dodge Yandle
Those voting in the negative were Messrs.:
Burkhalter
Cocke Fuqua Hall of Lee Hogan
Hurst Jones of Laurens King Land Pickett
Rogers of Heard Rowland Smith of Bryan Souter
On the passage of the Bill, as amended, the ayes were 103, nays 14.
The Bill, having received the requisite constitutional majority, was passed, as amended.
Under the order of business established by the Committee on Rules, the following Bill of the House was taken up for consideration and read the third
time:
HB 1030. By Mr. Caldwell of Upson:
A Bill to be entitled an Act to authorize the Clerk of the Superior Court to return unclaimed funds to a county where such funds have been paid into the Superior Court in a condemnation proceeding by
WEDNESDAY, FEBRUARY 19, 1958
1161
the court when such funds are held for the benefit of unknown persons or for those persons whose interests in the property involved is un known; and for other purposes.
The following amendment was read and adopted:
Mr. Brennan of Chatham moves to amend HB 1030 by inserting after the word "county" wherever it appears, the words "city and/or municipality".
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 roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Alien Bagby Ballard Barber Barrett Baughman Birdsong Blaiock of Coweta Blalock of Clayton Bodenhamer Boggs Brooks of Oglethorpe Broome Budd Cagle Caldwell Callier W. Campbell of
Walker Carswell Carter Chastain Cheek Cloud Coalson Cocke Craven Denmark Echols Elder Ellis Eyler
Fellows Flynt Fordham Fowler of Douglas Fuqua Greene of Bartow Griffith Grimsley Gross of Stephens Hall of Lee Hardaway Harper Harrison Helms Hendrix Hill Hodges of Ware Hodges of Butts Hogan Irvin Johnson Jones of Wayne Jones of Laurens Jones of Crawford Kelley Kennedy Key Kidd Lancaster Land Lanier Larkins Lokey
Lott Love Mackay Mann Martin Matthews Miles Mobley Moorman Morris Moss Murphy Musgrove McGibony Newton Nichols Odom Orr Overby Palmer Parker of Ware Parker of Appling Pelham Peters Phillips of Walton Pickett Raulerson Ray Roberts Rogers of Heard Ross Rowland Russell
1162
JOURNAL OF THE HOUSE,
Scoggin Sheffield Smith of Emanuel Smith of Whitfield Smith of Bryan Stephens Story
Summers Tabb Tamplin Tarpley Todd Twitty Walker of Lowndes
Watson Wells White Willis Wooten Wright of Ployd Yandle
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.
The following Resolution of the House was taken up for consideration and read:
HR 498. By Messrs. Stephens of Clarke, Brooks of Ogiethorpe, and Fowler of Douglas:
A Resolution creating a committee of the House of Representatives for the purpose of assisting and advising with the Secretary of State in the plans and construction of a building to house the archival and other permanent records of the State; and for other purposes.
The report of the committee which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Alien Bagby Ballard Barber Barrett Birdsong Blalock of Coweta Blalock of Clayton Bodenhamer Boggs Bradley
Brooks of Ogiethorpe Broome Budd Cagle Callier A. Campbell of
Walker W. Campbell of
Walker Carswell Carter Chastain
Cheek Cloud Coalson Cocke Craven Dorminy Duncan Echols Elder Ellis Fellows
Floyd Fordham Fowler of Douglas Gowen Green of Rabun Greene of Bartow Griffith Grimsley Gross of Stephens Hall of Floyd Hardaway Harper
Hendrix Hill Hodges of Butts Hogan Hurst Ingle Irvin Johnson Jones of Wayne Jones of Laurens Jones of Crawford
Kelley Kennedy Key Kidd Killian King Lancaster Land Lanier Larkins Lokey Love
WEDNESDAY, FEBRUARY 19, 1958
1163
Mackay Mann Martin Matthews Miles Mobley Moorman Morris Moss Murphy Musgrove MeGibony Newton Nichols Odom Orr Overby Palmer
Parker of Ware Parker of Appling Pelham Perkins Peters Pettey Phillips of Walton Pickett Ray Roberts Rogers of Heard Ross Rowland Russell Scoggin Smith of Emanuel Smith of Whitfield Smith of Bryan
Souter Stephens Story Summers Tabb Tamplin Tarpley Taylor Twitty Watson Wells White Willis Wooten Wright of Ployd Yandle
Those voting in the negative were Messrs.
Adams
Powler of Treutlen
On the adoption of the Resolution, the ayes were 119, nays 2.
The Resolution, having received the requisite constitutional majority, was adopted.
Under the order of business, established by the Committee on Rules, the following Resolution of the House was taken up for consideration and read the third time:
HR 326-785a. By Messrs. Stephens of Clarke, Freeman of Monroe and Brooks of Oglethorpe:
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.:
Alien Ballard Barber Baughman Boggs Brennan Brooks of Oglethorpe
Carswell Cheek Denmark Grimsley Gross of Stephens Hall of Floyd Hawkins
Helms Hendrix Hodges of Ware Holcombe Irvin Jones of Baker Lam
1164
JOURNAL OF THE HOUSE,
Land Larkins Lee Lott Love Mann Murphy Murr
Pettey Ramsey Ray Reed Scoggin Smith of Bryan Stephens Tamplin
Watson White Willingham Winkle Wooten Wright of Floyd Wright of Dodge
Those voting in the negative were Messrs.:
Adams Birdsong Black Brackin Bradley Broome Busbee Cagle Callier W. Campbell of
Walker Chastain Craven Dorminy Ellis Plynt Fowler of Treutlen Frazier Fuqua Greene of Rabun Griffith Hardaway Harper
Harrison Henderson Hill Hodges of Butts Hogan Holley Holloway Ingle Jones of Wayne Jones of Laurens Jones of Crawford Kelley Kidd Lancaster Long Mackay Martin Miles Miller of Elbert Moss Musgrove McCracken McGibony
McKenna Newton Orr Overby Parker of Ware Parker of Appling Pelham Perkins Peters Phillips of WaUon Pickett Raulerson Rogers of Heard Ross Smith of Whitfield Story Tabb Twitty Underwood Walker of Telfair Wells Wilson Yandle
On the adoption of the Resolution, the ayes were 44, nays 68.
The Resolution, having failed to receive the requisite constitutional ma jority, was lost.
The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has passsed as amended by the requisite constitutional majority the following Bills of the House to wit:
HB 782. By Mr. Bagby of Paulding:
A Bill to be entitled an Act to amend an Act relating to compensation for injuries, providing for compensation for complete loss of hearing in one ear; and for other purposes.
HB 835. By Messrs. Orr of Wilkes, Ross of Lincoln and others:
A Bill to be entitled an Act to amend an Act creating the office of Judge of the Superior Courts Emeritus; and for other purposes.
WEDNESDAY, FEBRUARY 19, 1958
1165
HB 844. By Messrs. Reed and Willingham of Cobb and others:
A Bill to be entitled an Act to provide for a State Tort Claims Act; and for other purposes.
The following Bills of the House were taken up for the purpose of con sidering the Senate amendments thereto:
HB 835. By Messrs. Orr of Wilkes, Ross of Lincoln and others:
A Bill to be entitled an Act to amend an Act creating the office of Judge of the Superior Courts Emeritus; and for other purposes.
The following Senate amendment was read:
Senator Howard of the 17th District hereby amends HB 835 as follows: By adding at the end of Section 1 as a part of said Section the following:
"The Governor may also call upon Justices Emeritus of the Georgia Supreme Court and of the Georgia Court of Appeals to serve as Judges of the Superior Courts of this State when the regular Judge is for any reason unable to serve, and said Justices Emeritus are also authorized to serve in the Superior Courts as Judges of said courts."
Mr. Orr of Wilkes 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 Ballard Barber Birdsong Black Blalock of Coweta Bodenhamer Brackin Bradley Brennan Brooks of Oglethorpe Budd Busbee Callier A. Campbell of
Walker
W. Campbell of Walker
Carr Carswell Carter Cheek Cocke Craven
Denmark Dorminy Duncan Elder Ellis Eyler Floyd Flynt Fordham Fowler of Douglas Frazier Fuqua Gowen Griffith Gross of Stephens Gross of Dade
Hall of Lee Harper Harrison Hawkins Helms Hendrix Hill Hodges of Ware
Hodges of Butts Hogan Holcombe Holley Holloway Ingle Johnson Jones of Wayne Jones of Lumpkin Jones of Laurens Jones of Sumler Jones of Crawford Kelley Kennedy Key Killian
Lanier Larkins Lokey Long Love Mackay Martin Matthews
1166
JOURNAL OF THE HOUSE,
Miles Miller Mobley Moorman Morris Moss Murphy Murr Musgrove McClelland McCracken McGibony McKenna Newton Niehols Odom Orr Palmer
Parker of Ware Parker of Appling Payton Perkins Peters Pettey Phillips of Walton Ramsey Raulerson Ray Reed Rodgers of Charlton Rogers of Heard Ross Rowland Russell Scoggin Souter
Story Summers Tabb Tamplin Tarpley Todd Twitty Veal Walker of Lowndes Watson Wells White Willis Wilson Wright of Floyd Wright of Dodge Yandle Young
On the motion to agree, the ayes were 124, nays 0.
The Senate amendment to HB 835 was agreed to.
HB 844. By Messrs. Reed and Willingham of Cobb:
A Bill to be entitled an Act to provide for a State Tort Claims Act; and for other purposes.
The following Senate amendment was read:
Senator Trotter of the 37th moves to amend the caption of said Bill by inserting therein the words "to place a limitation on the amount of recovery."
Further moves to amend Section 3 by adding at the end of said section the words "Provided further, that the amount of recovery in any action brought under the provisions of this Act shall not exceed the sum of $5,000.00 plus the cost of court."
Further amends said section by striking Section 6 in its entirety and inserting in lieu thereof a new Section 6 as follows:
"Every claim against the State of Georgia cognizable under this Act shall be forever barred unless the same is final within one year after the cause of action has accrued."
Mr. Willingham of Cobb moved that the House disagree to the Senate amend ment.
The motion prevailed, and the House disagreed to the Senate amendment to HB 844.
Under the order of business established by the Committee on Rules, the following Bill of the House was taken up for consideration and read the third time:
WEDNESDAY, FEBRUARY 19, 1958
1167
HB 888. By Mr. Barber of Jackson:
A Bill to be entitled an Act to amend Code Chapter 56-8 pertaining to fire insurance; and for other purposes.
The following substitute was read and adopted:
By the Committee:
AN ACT
To amend Code Chapter 56-8 pertaining to fire insurance, so as to provide that in the event of a total loss by fire an insurer who pays an insured an amount less than the maximum amount authorized to be paid under an insurance policy shall refund a certain amount of premiums to the insured; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Code Chapter 56-8 pertaining to fire insurance is amended by in serting following Code Section 56-816 a new Code Section which shall be known as Code Section 56-816A which shall read as follows:
"Section 56-816A. In the event of a total loss of property by fire, if an insurer shall pay to the insured an amount less than the maximum amount authorized to be paid under a fire insurance policy covering such property, the insurer shall refund to the in sured the difference between the amount of premiums actually paid for the insurance policy and the amount of premiums which would have been charged for a fire insurance policy having a maximum amount payable equal to the amount actually paid by the insurer to the insured."
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 roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Bagby Ballard Barber
Birdsong Black Blalock of Coweta Blalock of Clayton
Bodenhamer Brackin Brooks of Oglethorpe Broome
1168
JOURNAL OF THE HOUSE,
Budd Burkhalter Busbee Cagle Callier A. Campbell of
Walker W. Campbell of
Walker Carlisle Carr Carswell Carter Cheatham Cheek Cloud Cocke Craven Dorminy Duncan Elder Ellis Fellows Floyd Flynt Fordham Fowler of Douglas
Fowler of Treutlen
Fuqua
Gowen
Green of Rabun
Griffith
Grimsley
Gross of Stephens
Gross of Bade
Hall of Lee
Hardaway
Harper
Harrison
Hawkins
Henderson
Hodges of Ware
Hodges of Butts
Hogan
Holcombe Holley Holloway Hurst Ingle Johnson Jones of Wayne Jones of Worth Jones of Lumpkin Jones of Laurens Jones of Sumter Jones of Crawford Kelley Key Kidd Killian Lam Lancaster Land Larkins Lee Lokey Long Lott Love Mackay Mann
Martin
Matthews
Miles
Miller of Elbert
Mobley
Moorman
Morris
Moss
Murphy
Murr
Musgrove
McCracken
McGibony
Neese
Newton
Nichols
Nilan
Orr Overby Parker of Appling Payton Pelham Peters Pettey Phillips of Walton Pickett Ramsey Raulerson Ray Roberts Rodgers of Charlton Rogers of Heard Ross Rowland Russell Scoggin Sheffield Sivell Smith of Whitfield Smith of Bryan Story Summers Tabb Tamplin
Tarpley
Taylor
Todd
Twitty
Underwood
Walker of Lowndes
Walker of Telfair
Watson
Wells
Wilson
Winkle
Wooten
Wright of Dodge
Yandle
Young
On the passage of the Bill, by substitute, the ayes were 140, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
Under the order of business established by the Committee on Rules, the fol lowing Resolution of the House was again taken up for consideration:
WEDNESDAY, FEBRUARY 19, 1958
1169
HR 427-1070b. By Mr. Love of Catoosa:
A RESOLUTION
Proposing an amendment to the Constitution so as to change the provisions relating to the terms of members of the General Assembly; to change provisions relating to the compensation of such members; to provide an effective date; to submit the amendment to the people for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1
Article III, Section IV, Paragraph I of the Constitution of Georgia is hereby amended by striking therefrom the word "two" and by sub stituting in lieu thereof the word "four", so that said paragraph, as amended hereby, shall read :
"Paragraph I. Terms of Members.--The members of the Gen eral Assembly shall be elected for four years, and shall serve until the term fixed by law for the convening of the next General Assembly."
SECTION 2
Article III, Section IX, Paragraph I of the Constitution of Georgia is hereby amended by striking said paragraph in its entirety and by substituting in lieu thereof a new paragraph to read:
"Paragraph I. The compensation of members of the General Assembly shall be $3,000 per annum. In addition to said compen sation, the members of the General Assembly shall receive $30 per diem while the General Assembly is in session and while attending interim committee meetings, and while going to and from either or both, said per diem to be for maintenance expenses. The Presi dent Pro Tern of Senate, when serving as presiding officer thereof, and Speaker of the House of Representatives, shall receive $10 per diem for maintenance expenses while the General Assembly is in session in addition to all other compensation and expenses herein provided for. Members of the General Assembly shall not receive any other compensation for work done, duties performed or as an emplyoee of the State, except such compensation and expenses herein provided for."
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, such pro posed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
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 change the terms of the members of the General Assembly, and to change their compensation.
1170
JOURNAL OF THE HOUSE,
"Against ratification of amendment to the Constitution so as to change the terms of the members of the General Assembly, and to change their compensation."
All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification.
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State effective January 1, 1961, provided, the members of the General Assembly elected at the general election of 1960 shall come within its operation. 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 amendment was read and adopted:
Mr. Love of Catoosa moves to amend HR 427-1070b. by adding a new sentence to Paragraph I proposed in section I as follows:
"This provision shall apply to members of the General As sembly elected in the general election held in the year 1960 and those elected thereafter"
and by striking the first sentence of the last paragraph of the Bill.
And by striking the first two sentences in Paragraph I as proposed in Section 2 and inserting in lieu thereof the following:
"Effective Jan. 1, 1959 the compensation of members of the General Assembly shall be fixed by each General Assembly by Joint Resolution after the Speaker of the House has been elected; pro vided that such compensation shall not exceed $3,000 per annum. In addition to said compensation, the members of the General As sembly shall receive $30 per diem as expenses while the General Assembly is in session, and when attending interim committee meetings and while going to and from either or both, their actual expenses, with travel mileage the rate fixed by the General Assembly not exceeding 10 cents a mile.
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 roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Alien Bagby
Barber Barrett
Birdsong Black
WEDNESDAY, FEBRUARY 19, 1958
1171
Blalock of Coweta Bolton Brackin Bradley Brennan Brooks of Fulton Broome Budd Busbee Cagie Caldwell A. Campbell of
Walker W. Campbell of
Walker Carlisle Carr Carswell Carter Cheatham Coalson Craven Crummey Denmark Dorminy Duncan Echols Elder Eyler Fellows Floyd Fordham Fowler of Douglas Fuqua Gowen Green of Rabun Greene of Bartow Griffith Gross of Stephens Gross of Dade Gunter Hall of Floyd Hall of Lee Hardaway Harper
Hawkins Helms Hendrix Hill Hodges of Ware Holcombe Holloway Huddleston Hurst Ingle Irvin Jessup Johnson Jones of Wayne Jones of Worth Jones of Baker Jones of Laurens Jones of Sumter Jones of Crawford Kelley Kennedy Kidd Killian Lam Lancaster Land Lanier Larkins Long Lott Love Mackay Martin Matthews Miles Miller of Elbert Mobley Moorman Murphy Murr Musgrove McClelland McGibony McKenna Neese
Newton Nichols Nilan Odom Orr Overby Palmer Parker of Ware Parker of Appling Payton Perkins Peters Phillips of Walton Pickett Ramsey Raulerson Reed Roberts Rogers of Heard Ross Rowland Sheffield Short Singer Sivell Smith of Lamar Smith of Fulton Smith of Whitfield Summers Tamplin Tarpley Twitty Veal Walker of Lowndes Watson Weems Wells White Willingham Wilson Winkle Wooten Yandle Young
Those voting in the negative were Messrs.:
Adams Ballard Blalock of Clayton Bodenhamer Brooks of Fulton Burkhalter Callier Cha stain
Cheek Ellis Flynt F'owler of Treutlers
Frazier Grimsley Harrison Henderson
Hodges of Butts Holley Jones of Lumpkin Key Lee Lokey Mann McCracken
1172
JOURNAL OF THE HOUSE,
Pelham Pickard Ray Rodgers of Heard Russell
Rutland Scoggin Smith of Bryan Story Tabb
Todd Underwood Willis Wright of Telfair Wright of Dodge
On the adoption of the Resolution, as amended, the ayes were 138, nays 39.
The Resolution, having received the requisite two-thirds constitutional majority, was adopted, as amended.
The following Resolution of the House was taken up for consideration and read the second time:
HR 423. By Mr. Overby of Hall:
A Resolution relative to making a survey of the industrial potentials in the State of Georgia; and for other purposes.
The report of the committee which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Alien Ballard Barber Barrett Baughman Birdsong Black Blalock of Coweta Blalock of Clayton Bodenhamer Bolton Braekin Bradley Brooks of Oglethorpe Brooks of Fulton Broome Budd Burkhalter Busbee
Cagle Callier A. Campbell of
Walker W. Campbell of
Walker Carlisle Carr Carswell
Carter Chastain Cheatham Cheek Coalson Cocke Craven Denmark Dorminy Duncan Elder Ellis Eyler Floyd Flynt Fordham Fowler of Douglas Fowler of Treutlen
Frazier Fuqua Gowen Greene of Bartow Griffith Gross of Stephens Gunter Hall of Lee Hardaway
Harper
Harrison Helms Hendrix Hill Hodges of Butts Hogan Holley Holloway Ingle Irvin Jessup Johnson Jones of Wayne Jones of Worth Jones of Laurens Jones of Sumter Jones of Crawford Kelley Kennedy Key Kidd Killian King Lam Lancaster Lanier Larkins Lee
WEDNESDAY, FEBRUARY 19, 1958
1173
Lindsey Lokey Long Love Mann Martin Matthews Miles Miller of Elbert Mobley Moorman Moss
Murphy Musgrove McCracken McGibony McKenna Neese Newton Nichols Odom Orr
Overby Palmer Parker of Ware Parker of Appling Pelham Perkins
Perry
Peters Phillips of Walton Pickett Ramsey Raulerson Ray Reed Roberts Rodgers of Charlton Rogers of Heard Ross Rowland Russell Rutland Sheffield
Short Smith of Lamar Smith of Whitfield Story Summers Tamplin Tarpley Todd Twitty Underwood Veal Walker of Lowndes Walker of Telfair Wells White Willis Wilson Winkle Wooten Wright of Dodge Yandle
On the adoption of the Resolution, the ayes were 147, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
Under the order of business established by the Committee on Rules, the following Bills and Resolutions of the House were taken up for consideration and read the third time:
HR 255-662e. By Mr. Kidd of Baldwin:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the General Assembly to provide for the election of county boards of education by the voters of the 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 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 General Assembly shall have authority to make provi sions for the election of the members of the County Board of Education by the voters of the county. No law enacted pursuant to this amendment shall alter or change the amendments to this Paragraph adopted prior to the adoption of this amendment. No such law shall change the residence requirements herein above provided."
1174
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, such proposed amendment shall be published and submitted as pro vided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have
written or printed thereon the following:
"For ratification of the amendment to the Constitution so as to authorize the General Assembly to make provision for the elect : on of the members of the County Board of Education by the voters of the county.
"Against ratification of amendment to the Constitution so as to authorize the General Assembly to make provisions for the election of the members of the County Board of Education by the voters of the 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.
The following amendment was read and adopted:
Mr. Bodenhamer of Tift moves to amend HR 255-662e as follows:
Provided however that any law enacted pursuant to this Section must be satisfied by a majority of the voters of the county affected and a referendum shall be provided on same.
The report of the committee which was favorable to the adoption of the Resolution, was agreed to, as amended.
On the adoption of the Resolution, as amended, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Alien Barber Barrett Baughman Blalock of Coweta Blalock of Clayton Bodenhamer
Bradley Burkhalter Cagle Carswell Chastain Cheatham Cheek
Cloud Coalson Cowart Denmark Dorminy Ellis Eyler
WEDNESDAY, FEBRUARY 19, 1958
1175
Ployd Frazier Fuqua Green of Rabun Greene of Bartow Griffith Gross of Stephens Hall of Lee Hardaway Harper Hill Hodges of Butts Holley Hurst Ingle Irvin Johnson Jones of Wayne Kelley Kennedy
Kidd King Lam Lee Lokey Long Martin Miles Moorman Morris Moss Murphy McCracken Neese Nichols Orr Palmer Parker of Pike Parker of Ware Parker of Appling
Payton Pelham Perkins Peters Pickett Raulerson Reed Rodgers of Charlton Smith of Lamar Smith of Bryan Story Tarpley Todd Twitty Veal Watson White Willingham Wright of Dodge Yandle
Those voting in the negative were Messrs.:
Adams Bagby Ballard Birdsong Black Bolton Brackin Busbee Carter
Craven Crummey Fellows Fordham Henderson Hogan Jones of Worth Jones of Laurens Key
Killian Larkins Lindsey Mackay Musgrove McWhorter Phillips of Walton Tamplin Underwood
On the adoption of the Resolution, as amended, the ayes were 81, nays 27.
The Resolution, having failed to receive the requisite two-thirds constitu tional majority, was lost.
HB 1038. By Mr. Burkhalter of Tattnall:
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 roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Bagby
Ballard Barber
Barrett Baughman
1176
JOURNAL OF THE HOUSE,
Birdsong Blalock of Coweta Blalock of Clayton Bodenhamer Bradley Brooks of Oglethorpe Brooks of Fulton Broome Budd Burkhalter Cagle Caldwell
Callier A. Campbell of
Walker W. Campbell of
Walker Carlisle Carr Carswell Carter Chastain Cheek Cloud Coalson Cocke Cowart Craven Crummey Denmark Dorminy Echols Elder Ellis Eyler Fellows Floyd Fordham Fowler of Douglas Fowler of Treutlen Frazier Gowen Green of Rabun Greene of Bartow Grimsley Gross of Stephens Hall of Floyd Hall of Lee Hardaway Harper
Harrison Hawkins Helms Henderson Hendrix Hill Hodges of Ware Hodges of Butts Hogan Holley Hurst Ingle Irvin Jessup Johnson Jones of Wayne Jones of Worth Jones of Laurens Jones of Sumter Kelley Kennedy Key Kidd Killian King Lam Land Lanier Larkins Lee Lokey Long Lott Love Martin Matthews Miles Mobley Moorman Morris Moss Murphy Murr Musgrove McClelland McCracken McGibony McKenna Neese Newton
Nichols Nilan
Orr Overby Palmer Parker of Pike Parker of Ware Parker of Appling Payton Pelham Perkins
Perry Peters Pettey Phillips of Columbia Phillips of Walton Pickett Ramsey Raulerson Ray Roberts Rodgers of Charlton Rogers of Heard Ross Russell Scoggin Smith of Emanuel Smith of Lamar Smith of Fulton
Smith of Bryan Souter
Story Summers Tabb Tamplin Tarpley Taylor Twitty Veal Walker of Lowndes Walker of Telfair Watson Wells White Willis Wilson Winkle Wooten Yandle
Those voting in the negative were Messrs.:
Alien Bolton Holcombe
Jones of Crawford Lindsey Mann
Reed Willingham Young
WEDNESDAY, FEBRUARY 19, 1958
1177
On the passage of the Bill, the ayes were 153, nays 9.
The Bill, having received the requisite constitutional majority, was passed.
HB 718. By Messrs. Overby of Hall, Jessup of Bleckley, Orr of Wilkes and Jones of Baker:
A Bill to be entitled an Act to effect the complete revision of the laws of this State relating to the qualification and registration of voters; and for other purposes.
Mr. Payton of Coweta moved that HB 718 be tabled.
The motion to table was lost.
The following amendment was read:
Mr. Hawkins of Screven moves to amend HB 718 as follows:
Notwithstanding any other provisions of this Act no person after the passage of this Act shall be permitted to register and vote until he or she shall have paid a registration fee of $1.00.
On the adoption of the amendment, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Alien Baughman Birdsong Black Bodenhamer Brackin Brennan Callier W. Campbell of
Walker Carlisle Carr Carswell Chastain Cloud Cocke Crummey Dorminy Duncan Fellows
Fuqua Green of Rabun Hawkins Helms Henderson Hogan Holcombe Hurst Jessup Jones of Crawford Kennedy King Land Larkins Lott Martin Morris Musgrove McGibony Newton Nilan
Odom Orr Pelham Perkins Perry Phillips of Walton Pickett Ramsey Raulerson Roberts Sheffield Sivell Souter Taylor Todd Walker of Telfair Watson Willingham Willis Wright of Dodge
Those voting in the negative were Messrs.:
Bagby Ballard Barber Barrett
Blalock of Coweta Blalock of Clayton Bolton Bradley
Brooks of Oglethorpe Broome Budd Busbee
1178
JOURNAL OP THE HOUSE,
Cagle Caldwell A. Campbell of
Walker Carter Cheatham Cheek Coalson Cowart Denmark Echols Elder Ellis Eyler Pordham Fowler of Douglas Fowler of Treutlen Frazier Gowen Greene of Bartow Gross of Stephens Gunter Hall of Floyd Hall of Lee Harper Hill Hodges of Butts Holley Holloway
Huddleston Ingle Irvin Jones of Wayne Jones of Worth Jones of Lumpkin Jones of Laurens Jones of Sumter Kelley Killian Lam Lanier Lee Lindsey Long Mackay Matthews Miles Miller of Elbert Moss Murphy Murr McCracken McKenna Nichols Overby Palmer Parker of Pike Parker of Ware
Parker of Appling Payton Peters Pettey Phillips of Columbia Ray Reed Rogers of Heard Ross Russell Rutland Scoggin Smith of Emanuel Smith of Lamar Smith of Bryan Stephens Story Summers Tabb Tamplin Tarpley Twitty Underwood Veal Wilson Wright of Floyd Yandle Young
On the adoption of the amendment, the ayes were 61, nays 97.
The amendment was lost.
The following amendments were read and adopted:
Mr. Underwood of Montgomery moves to amend HB 718 by strik ing the semicolon in line 6 of Section 32 and adding the following: "including a designation by the names of the voters who require assistance in voting said ballot;"
Mr. Rogers of Heard moves to amend HB 718 by striking the words "or without", from line 17 of Section 3 so as said sentence will read as follows:
The said Judge shall have the right to remove said registrars or any of them at any time with cause.
Mr. Bagby of Paulding moves to amend HB 718 by striking from Section 40 the following language: "or private sessions, as convenience may dictate" and by adding a period after the word "public".
Messrs. Bagby of Paulding and Murr of Sumter move to amend HB 718 by deleting the words "two years" in line four (4) of Section 20 thereof; and by substituting in lieu thereof the following words "five year".
Mr. Barber of Jackson moves to amend HB 718 as follows:
WEDNESDAY, FEBRUARY 19, 1958
1179
By adding before the last sentence in Section 10 new sentences to read as follows:
"Any such office shall be in the courthouse or other publicly owned or publicly rented or publicly leased building. Each applicant for registration shall apply in person at the office where the registration cards are kept."
Mr. Underwood of Montgomery moves to amend HB 718 by adding another question under "Father's name" on the registration card shown on page 5 as follows: "Will assistance in marking or voting ballot be required as set out in Code Section 34-1905?"
The previous question was ordered.
The ma'n 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 roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Alien
Ballard Barber Barrett Black Blalock of Coweta Blalock of Clayton Bodenhamer Bolton Brackin Brooks of Oglethorpe Broome Budd Busbee Caldwell Callier Carlisle Carr Carswell Carter Cheatham Cloud Cocke Cowart Crummey Dorminy Duncan Echols Elder
Ellis Eyler Fellows Floyd Fowler of Douglas Fowler of Treutlen Frazier Gowen Green of Rabun Grimsley Gunter Hall of Floyd Hall of Lee Hardaway Harrison Helms Henderson Hill Hodges of Ware Hodges of Butts Hogan Holcombe Holley Holloway Huddleston Hurst Irvin Jessup Jones of Wayne Jones of Worth Jones of Lumpkin
Jones of Laurens Jones of Sumter Jones of Crawford Kennedy Key Killian King Lam Lancaster Lanier Larkins Lee Lindsey Lokey Love Martin Matthews Miles Miller of Elbert Mobley Moorman Morris Moss Murr Musgrove McCracken McGibony Neese Newton Nichols Orr
1180
JOURNAL OF THE HOUSE,
Overby Palmer Parker of Pike Parker of Appling Payton Pelham Perry
Pettey Phillips of Columbia Phillips of Walton Phillips of Walton Ramsey Raulerson Ray
Roberts Rodgers of Charlton Rogers of Heard Ross Russell Rutland Sivell Smith of Emanuel Smith of Lamar Smith of Whitfield Souter Stephens Story Summers
Tabb Tamplin Tarpley Taylor
Twitty Underwood Walker of Lowndes Walker of Telfair Watson Wells Willingham Winkle Yandle Young
Those voting in the negative were Messrs.:
Baughman Brennan Brooks of Fulton Burkhalter Cagle W. Campbell of
Walker Chastain Cheek Denmark Fordham Fuqua Gross of Stephens Harper
Hawkins Hendrix Ingle Kelley Long Lott Mackay Murphy McKenna McWhorter Nilan Odom Parker of Ware Perkins
Peters Pickett Reed Scoggin Sheffield Smith of Bryan Todd Veal White Willis
Wilson Wright of Floyd Wright of Dodge
On the passage of the Bill, as amended, the ayes were 134, nays 40.
The Bill, having received the requisite constitutional majority, was passed, as amended.
Mr. Birdsing of Troup requested that the Journal show him as having voted "Nay" on HB 718.
The following Bill of the House was taken up for the purpose of con sidering the Senate amendment thereto:
HB 717. By Mr. Yandle of Toombs:
A Bill to be entitled an Act to amend an Act incorporating the City of Lyons; and for other purposes.
The following Senate amendment was read:
The Committee of the Senate on County and Municipal Govern ments moves to amend HB 717 as follows:
By inserting in the ttile of said Bill following the words, "said City;" the words, "to provide for a referendum;".
WEDNESDAY, FEBRUARY 19, 1958
1181
By inserting following Section 1 of said Bill a new section which shall be known as Section 1A which shall read as follows:
"Section 1A. Not less than thirty (30) nor more than fortyfive (45) das 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 Toombs County to issue the call for an elec tion for the purpose of submitting this Act to the voters of Toomb County living in the area proposed to be annexed to the City of Lyons for approval or rejection. The Ordinary shall set the date of such election for a day not less than thirty (30) nor more than forty-five (45) 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 Toombs County. The ballot shall have written or printed thereon the words:
'For approval of the Act to extend the city limits of the City of Lyons.
'Against approval of the Act to extend the city limits of the City of Lyons.'
"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 the votes cast on such question are for approval of the Act, it shall become of full force and effect and the area proposed to be annexed to the City of Lyons shall become part of said City. If a majority of the votes cast on such question are against approval of the Act, it shall be void and of no force and effect. The expense of such election shall be borne by the City of Lyons. It shall be the duty of the Ordinary to hold and conduct such election. He shall hold such election under the same laws and rules and regulations as govern general elections, except as otherwise provided herein. It shall be the duty of the Ordinary to keep an accurate account of the expenses incurred in said election, and present the same to the mayor of the City of Lyons for payment. The mayor shall promptly pay such amount. It shall be the duty of the Ordinary to canvass the returns and declare and certify the result of the election. It shall be his further duty to certify the result thereof to the Secretary of State."
Mr. Yandle of Toombs moved that the House disagree to the Senate amendment.
The motion prevailed, and the Senate amendment to HB 717 was dis agreed to.
Under the order of business established by the Committee on Rules, the following Bill of the House was taken up for consideration and read the third time:
HB 689. By Mr. Overby of Hall:
A Bill to be entitled an Act to provide that it shall be unlawful to sell or offer for sale at retail, motor fuel unless the seller shall display certain signs; and for other purposes.
1182
JOURNAL OF THE HOUSE,
The following amendment was read and adopted:
Mr. Palmer of Mitchell moves to amend HB 689 by striking Sec tion 3 of said Bill in its entirety and appropriately numbering the remaining sections.
The previous question was ordered.
The main question was ordered.
The report of the committee which was favorable to the passage of th 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 Ballard Barrett Birdsong Black Blalock of Coweta Bolton Bradley Broome Busbee Cagle Caldwell W. Campbell of
Walker Carr Carswell Cheek Coalson Cocke Crummey Denmark Dorminy Duncan Echols Elder Ellis Eyler Fowler of Douglas Gowen Griffith Grimsley Gross of Stephens Gunter Hall of Floyd Hall of Lee Harper . Harrison Helms
Henderson Hendrix Hodges of Ware Hodges of Butts Hogan Holcombe Holloway Huddleston Hurst Ingle Irvin Johnson Jones of Wayne Jones of Worth Jones of Laurens Kelley Kennedy Key Kidd Killian King-
Lam Lancaster Land Larkins Lee Lindsey Lokey Long Love Mackay Mann Martin Matthews Miles Miller of Elbert Mobley Moorman
Moss Murphy Musgrove McGibony McKenna Newton Nichols Odom Orr Overby Palmer Parker of Pike Parker of Appling Payton Pelham Perkins Perry Peters Pettey Phillips of Columbia Phillips of Walton
Pickett Raulerson Reed Rodgers of Charlton Rogers of Heard Ross Russell Rutland Sivell Smith of Emanuel Smith of Lamar Smith of Whitfield Souter Stephens Story Summers Tabb
WEDNESDAY, FEBRUARY 19, 1958
1183
Tamplin Tarpley Twitty Veal Walker of Lowndes Walker of Telfair
Watson Wells White Willingham Wilson Winkle
Wright of Floyd Wright of Dodge Yandle Young
Those voting in the negative were Messrs.:
Budd
Frazier
Jones of Crawford
On the passage of the Bill, as amended, the ayes were 129, nays 3
The Bill, having received the requisite constitutional majority, was passed, as amended.
The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto:
HB 821. By Mr. Odom of Camden:
A Bill to be entitled an Act to amend an Act relating to the Game and Fish Commission, so as to fix the hours of commercial fishing in certain counties; and for other purposes.
The following Senate amendment was read:
The Committee of the Senate on Agriculture and Natural Resources moves to amend HB 821 by striking Section 94C in its entirety and substituting the following therefor:
"Section 94C. In all counties of this State having a popu lation of not less than 7,320 nor more than 7,360 according to the 1950 United States census or any future such census, commer cial fishing and dragging during open seasons shall be permitted only during the hours between five (5) a. m. Eastern Standard Time to eight (8) p. m. Eastern Standard Time. Provided, how ever, that nothing in this Act shall prohibit or limit the commer cial fishing or dragging for crabs. Any person who shall violate the provisions of this Act shall be guilty of a misdemeanor, and upon conviction thereof shall be punished as provided by law."
And by striking from the caption the following words, to-wit: "during open seasons, to prohibit the use of any type seine, net, in cluding crab nets, or fishing or crabbing device whatsoever in the waters of certain counties during closed seasons; to provide a penalty for violation; to repeal conflicting laws;
Mr. Odom of Camden moved that the House agree to the Senate amendment.
On the motion to agree, the ayes were 105, nays 0.
The Senate amendment was agreed to.
The Speaker ordered the following report of the Committee to study the Osteopathic Profession incorporated in the Journal:
1184
JOURNAL OF THE HOUSE,
THE GENERAL ASSEMBLY OP GEORGIA
State Capitol
Atlanta, Georgia
January IS, 1958
REPORT OF THE COMMITTEE TO STUDY THE OSTEOPATHIC PROFESSION TO THE MEMBERS OF THE GENERAL ASSEMBLY OF GEORGIA:
The Committee to Study the Osteopathic Profession in undertak ing and carrying out its legislative responsibilities held hearings, vis ited three osteopathic colleges and the Medical College of Georgia, and received in evidence extensive documents and publications relating to the training of physicians and surgeons of the osteopathic school of medicine and other physicians and surgeons. This report summarizes for the General Assembly the opinions of the Committee members and submits in bill form a legislative proposal based upon our study for your consideration and approval. 1. Nature of Problem.
Doctors of osteopathy are licensed pursuant to Chapter 84-12, Code of Georgia, and are specifically authorized to practice in the following manner:
84-1209. (1739) License to practice authorizes what.--The license provided for in this Chapter shall authorize the holder to practice osteopathy as taught and practiced in the legally incor porated and reputable colleges of osteopathy, as provided for in this Chapter: Provided, however, osteopaths shall be authorized for the alleviation of pain only to use, mix, prepare, dispense and administer certain narcotic drugs, to-wit, those narcotic drugs or their derivatives, the sale or dispensing of which is regulated by The Federal Act known as "The Harrison Narcotic Act," as amended, said Act being set out in 26th U.S.C.A. Int. Rev. Code, Section 3220 et seq.
This statute was enacted in 1909 and no substantial amendments have been made to the Act since that date. The narcotic provision was enacted in 1941 to clarify that the right to use narcotics was included under the law despite a U.S. Circuit Court of Appeals decision in 1940 to the contrary.
Under this statute approximately 73 doctors of osteopathy are licensed and engaged in practice in Georgia at the present time. Each one of these doctors has complied with the statutory requirements of the Georgia Osteopathic Practice Act which is administered by the Board of Osteopathic Examiners in consultation with the Joint Secre tary of Examining Boards. The law requires a doctor to have 2 years pre-medical college study and 4 years education and training in an approved osteopathic college. (Neither the osteopathic or medical act requires that a doctor have an internship). The board examines applicants in all basic medical subjects, including the use of drugs and operative surgery under the various listed subjects. A qualified applicant is then licensed to practice osteopathy, must annually renew his license with the Joint Secretary, and is subject to disciplinary control and regulation by the Board of Osteopathic Examiners, The
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1185
Joint Secretary, Attorney General and Georgia Bureau of Investiga tion assist the Board of Osteopathic Examiners in the enforcement of the law.
The 73 licensed doctors of osteopathy are located in 41 cities and towns in Georgia with only 16 D.O.s located in Atlanta. These doctors practice as taught in osteopathic colleges as permitted by law, caring for all human ailments and diseases, and using drugs and operative surgery when needed and indicated. (One of the doctors in Atlanta is a Medical Officer of the United States Public Health Service as signed to the Communicable Disease Center.) They operate and main tain several small hospitals and clinics outside of Atlanta. With the large percentage of doctors located in rural Georgia their services are recognized as essential to the maintenance of available medical and surgical care in the less highly populated areas of the state.
The doctors of osteopathy are interested in increasing the number of osteopathic physicians practicing in Georgia. They are particu larly concerned over the shortage of doctors in rural Georgia and believe that their profession can be of help in meeting the acknowl edged need for doctors in such areas. (The medical profession admits that more doctors are needed in rural Georgia.) In 1943 the Medical Scholarship Act was passed providing $1,000 per year to students who would agree to practice in rural Georgia after graduation from the Medical College of Georgia.
The Medical Association of Georgia and individual doctors of medi cine continually question or challenge the lawful scope of practice permitted doctors of osteopathy thus discouraging more doctors of osteopathy from practicing in the state. This attitude of the Medical Association creates dissension and confusion in the minds of the public, patients and the doctors. Ill will and controversy is stimulated, with neither the Medical Association or Osteopathic Association retracting one bit from their stated positions of separately working to improve the public health.
The Georgia Association of Osteopathic Physicians and Surgeons repeatedly since the end of World War II has had introduced bills to clarify the Osteopathic Practice Act. The only opposition to the clari fication of the law comes from the Medical Association. The hearings on the bills have raised the following issues and it is the facts per taining to these issues that this Committee decided needed to be answered in its study of the osteopathic profession.
(1) Are doctors of osteopathy trained and educated to use all diagnostic and therapeutic procedures and modalities, including drugs, manipulation and operative surgery? Answer: Yes.
(2) Do colleges of osteopathy educate student doctors in the basic science and clinical medical and surgical subjects on the same basis as do medical colleges? Answer: Yes.
(3) Are graduates of the osteopathic colleges trained in clinical hospital practice as a part of their education? Answer: Yes. All osteopathic colleges utilize general teaching hospitals providing full medical and surgical care.
(4) Do osteopathic graduates take hospital internships and has the osteopathic profession organized specialty boards in surgery,
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obstetrics, psychiatry, dermatology, gynecology and the various other medical specialties? Answer: Yes.
(5) Have we in Georgia accepted the osteopathic profession upon the same legal basis as for example it is accepted under state law in such states as Missouri where 2 of the osteopathic colleges are located, one at Kansas City and one at Kirksville, Missouri? Answer: No.
(6) Why does the Georgia Legislature continue to be the center of an osteopathic and medical controversy when other state legislatures have long ago resolved this problem? Answer: Failure to clarify the law.
(7) What is the status of the osteopathic profession under laws enacted by the United States Congress of which a large number of the leaders of both the Senate and House are distinguished citizens of Georgia? Answer: Equal to that of doctors of medicine.
With the answers to the above questions in its possession the Committee agreed it would be able to intelligently make recommenda tions to the General Assembly relating to the osteopathic profession. 2. Aims and Objectives of the Osteopathic Profession.
The osteopathic profession is composed of approximately 13,000 doctors located in the 48 states, District of Columbia, and the Terri tory of Hawaii. A very small number are located in foreign countries. All but approximately 350 of the doctors in the United States are located in the 36 states, District of Columbia and Territory of Hawaii where the doctors are eligible to receive an unlimited license to care for all human ailments and diseases and to use drugs, manipulation and operative surgery. The profession and its six colleges demand that a doctor of osteopathy be trained and qualified in all fields and areas of medicine and surgery. The colleges place emphasis on training physicians for general practice. The colleges emphasize the importance of the musculo-skeletal system of the body in the care and treatment of sick persons, and train all their students in the use of manipulation, as well as drugs and surgery. The inclusion of this phase of medicine does not decrease or alter the accepted place of medical and surgical subjects in the curriculums. Medical schools also teach physical medi cine as a part of their curriculums and are not in agreement as to how much time should be devoted to this subject. Not all doctors of medicine are trained in manipulation, altohugh there are medical text books and articles in medical journals on manipulation and musculoskeletal system. Many M.D.s use manipulation in their practices.
Our visits to the Kansas City College of Osteopathy and Surgery, the Kirksville College of Osteopathy and Surgery and the Chicago College of Osteopathy evidenced that in Missouri and also in Illinois the public in the area surrounding the colleges look upon the schools as medical centers. The colleges all have general hospitals, out-patient clinics, and facilities comparable to the general hospitals in our own state. One new osteopathic hospital has 550 beds and another has 425 beds both connected with a college or used in the teaching program. The profession indicates that it believes it is making an important contribution by training the only doctors who in the practice of car ing for all human ailments and diseases can utilize manipulation as well as drugs and surgery. It is their position that a doctor of osteo pathy can only determine what therapy a patient needs by a complete diagnosis on the same scale as offered by a doctor of medicine and
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1187
that only the patient's condition can be the determining factor in deciding what will help the patient. No law it is said should divide the field of medicine, so that a doctor can not do all that a patient's condition demands. While this statement has particular force in rural communities where doctors practice alone and often a good distance from other doctors it is applicable to conditions also in the cities.
The aim of the profession today is therefore to train competent physicians and surgeons who will locate in all the areas of the coun try. It is interested in increasing the number of doctors in states not having a proper ratio of D.O.s to the population of the state. In states like Georgia with an admitted need for doctors the profession finds it hard to understand why an effort is not made to increase the number of doctors by clarifying the law regulating osteopathic practice.
Statistics taken from the 1956 American Medical Directory give the following distribution of doctors of medicine in Georgia and to the Committee was further evidence of the need for careful attention being given our report.
Statistics on the number and location of M.D.s in Georgia.
Total population of Georgia ...
. . __________ 3,606,000
Number of M.D.s
.
.
_.
_________ 3,392
Ratio of M.D.s per population ______.________! M.D. per each 1,063 persons
Total population of the 25 largest cities ________________ _ ._ ________1,029,009
Ratio of M.D.s per population .____._ _____...___._..__! M.D. per each 429 persons
Balance of population of the state -- .__._. ________..._.._.. 2,576,991
Ratio of M.D.s per balance population _______! M.D. per each 2,586 persons
Number of cities in which M.D.s are located ___.._.. ......_. ........ . 234
Number of cities of over 100 population in which no M.D.s are located .___......_ .._..__ ________ _____352
3. Standards of Professional Education and Training of Doctors
Premedical College Education
Professional Medical Education Hospital Internship Residency Training
Osteo. College 3 years or more
4 years Voluntary, 1 year Voluntary, 3 years
Medical College
3 years or more (One school only 2 years) 4 years Voluntary, 1 year Voluntary, 3 years
All six of the osteopathic colleges and all medical colleges except Harvard Medical College require a student to have completed 3 year pre-medical college education. The 4 year professional course in medi cal and osteopathic colleges are equivalent. This Committee saw the same type of facilities, equipment and plan of teaching in the osteo pathic colleges that we saw at the Medical College of Georgia. The facilities of the Medical College of Georgia are more expensive to build and maintain and are public property receiving state tax-support. The osteopathic colleges are non-profit corporations and the only tax money they receive are from grants allocated by the United States
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Public Health Service to assist in the teaching in cancer, cardiovascular and mental illnesses. The Philadelphia College of Osteopathy receives an annual grant of about $240,000 a year from the Pennsylvania Legis lature. The new teaching hospital of the College of Osteopathic Phy sicians and Surgeons was built with the proceeds of a $10,000,000.00 bond issue of Los Angeles County, California.
No medical or osteopathic college requires a hospital internship as a basis for granting the degree M.D. or D.O. Approximately 99% of the graduates of both schools today voluntarily take an internship. Only about 24 states require an internship as a basis for unlimited licensing of M.D.s or D.O.s In 3 of the osteopathic hospitals we visited internes were on duty carrying out their intern training program. Both the medical and osteopathic professions require a minimum of 3 years residency training in one of the fields of medicine and surgery in order to qualify for specialty approval. No state licensing law requires any such extended specialty training. All states license all M.D.s to perform all surgery, either on the basis of the M.D. degree alone or at the most a hospital internship and the same can be said for D.O.s in 36 states, D.C. and T.H.
Evidence in our files establish that there are very considerable differences between the finances, budget, faculty, facilities and organi zation of the medical colleges. One book in our file Medical Schools in the United States at Mid-Century gives detailed information in this regard and evidences a need for many medical schools to undertake a program of improvement recommended for them. The osteopathic colleges likewise recognize that like the medical colleges they have areas of needed improvement. Strenuous efforts are being made by both medical and osteopathic colleges to raise money for needed expansions, and there is some hope that public and private funds will soon be available.
Georgia D.O.s are educated in one of the six osteopathic colleges. We visited 3 of the schools and can state that they are similar in character and organization, and that each of them train their student doctors in drugs and surgery.
We visited the Medical College of Georgia. Most of us were al ready familiar with it. We can be proud of it. The M.D.s in our state have not all graduated from it however. The M.D.s in our state come from different medical colleges located all over the country. In 1956 alone M.D.s were licensed in Georgia from 18 different medical colleges in the United States and Puerto Rico. 5 M.D.s were licensed who were educated in medical colleges in Austria, Cuba, Estonia and Greece. Evidence in our files indicates that the quality of medical education in foreign countries is not up to the standards of medical and osteopathic education in the United States. In the years from 1946 to 1956 51 M.D.s were licensed who graduated from foreign medical colleges, 32 by examination and 19 by reciprocity. The Com mittee finds it hard to understand how any objection can be made to osteopathic education when the admittedly inferior training of foreign medical colleges is accepted.
4. Status in Other States and Under Federal Law.
In 36 states, the District of Columbia and the Territory of Hawaii legislative acts clarifying the unlimited practice privileges of doctors of osteopathy have been enacted. Some date as far back for their
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1189
legislative approval as 1900. Every doctor of osteopathy in Texas has been licensed to practice medicine and surgery since 1907. Florida and Tennessee, our neighboring states, have clear laws. The D.O.s in Georgia, our study indicates, are asking for no more. Only some 350 D.Os in the whole country are practicing under a law needing modernization.
We are able to find no difference in the education and training of the D.O.s in Georgia and the D.O.s in other states. Some D.O.s in Georgia have practiced in the other states before coming to Georgia. Others have left Georgia and located in the other states without more than a few days interruption in practice. The D.O.s in Georgia attend the same post-graduate programs and refresher courses as the D.O.s in other states. Georgia D.O.s are recognized in the osteopathic col leges and professional organizations on the same level and basis as D.O.s in the other states. Nothing would prevent the D.O.s in Georgia leaving our state and going to practice in one of the other 38 states except the desire of these doctors to remain in Georgia and help our people. These D.O.s in turn, it also should be recognized, are citizens of Georgia and merit the same consideration under Georgia law as do our other citizens.
Under federal laws D.O.s hold the same approximate status as do doctors of medicine. Here in Atlanta a D.O. serves as a medical officer of the United States Public Health Service and, in that capacity, holds the exact same legal position as do his fellow medical officers with the degree M.D. Doctors of osteopathy serve as medical officers of the Veterans Administration. They are eligible to serve as medical officers of the Armed Forces. They may perform all of the varied duties required under federal laws to be performed only by physicians and surgeons. The colleges receive federal tax funds (which funds are composed in part of Georgia tax payments) to help in their teaching and research programs, all under the supervision of the United States Public Health Service. All but a few of these laws were passed by the United States Congress while such Georgia leaders as Senator Richard Russell, Congressman Vinson, the late Senator George, and others elected from Georgia held important posi tions in the Congress.
5. Recommended Legislative Bill for the General Assembly.
This report is concluded with the submission of the attached legislative bill. This bill will establish modern educational require ments and enforcement provisions for the licensing and practice of doctors of osteopathy. It makes the standards of Georgia second to no other state and our study indicates will in the years ahead help to bring new and responsible young doctors to Georgia to take care of our people. The General Assembly will have responsibly acted upon the matter of the licensing of doctors and osteopathy and no organi zation or person can say that this recommended action was not taken without a full and complete study of the matter. Our files contain information on every phase of medical education and practice. Our visits to both the medical and osteopathic colleges fully informed the Committee. As legislators it is now our recommendation that the General Assembly act in accordance with the interests of our people and the public health by enacting into law this needed legislation.
SUBJECT: Notes on the Visit of Georgia Senate-House Study Com-
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mittee on Osteopathic Education to the Kansas City Col lege of Osteopathy and Surgery, Kansas City, Missouri, on Tuesday, October 8, 1957.
The Committee arrived at the Kansas City College at approxi mately 10:00 A.M. We were met by Dr. J. M. Peach, the President, and Dr. K. J. Davis, the Dean, in the College Administration Building. Dr. Peach explained the physical plant used by the College as con sisting of the (1) College Administration and Clinic Building, (2) Basic Science Building, (3) Conley Maternity Hospital, (4) the Osteopathic Hospital and Clinical Building, (5) a new Diagnostic and Treatment Center. The Diagnostic and Treatment Center (5) was about 95% complete at the time of our visit, but will not be ready for use until about December 1, 1957. This new building costing approximately $350,000.00 will be used to provide diagnostic and treatment service to out-patients by students in training under the supervision and direction of the medical staff of the College.
The administrative officers stated that we were free to see and examine all records and facilities of the College. Representatives C. J. Broome and Ben B. Ross had already on the preceding night attended a meeting of the Board of Trustees of the College held at the Continental Hotel and had heard at that meeting official reports of the executive and administrative officers of the College. The mem bers of the Board of Trustees are prominent business men of Kansas City. The College is incorporated as a nonprofit corporation under Missouri law.
The College has 381 students in all, 105 freshmen, 92 sophomores, 101 juniors and 83 seniors. The preprofessional college education of the freshmen class in all was as follows: 80 had had 4 years or a bachelor's degree from an accredited college or university, 6 had a master's degree, 2 a Ph.D. and 17 students had had only 3 years college study. Dr. Peach explained in detail while the Committee was in his office the procedures followed by the American Osteopathic Association in accrediting the College, and the assistance received by the College from the U. S. Government in money grants-in-aid under the U.S. Public Health Service to the teaching programs in cancer, mental and cardiovascular diseases. The grants total approxi mately $75,000 a year.
Our next activity was to visit the Basic Science Building, a 3 story structure housing the laboratories for the teaching of anatomy, histology and pathology, physiology and pharmacology, bacteriology, biochemistry, and certain classrooms. As we proceeded through the building we observed freshmen and sophomore students engaged in laboratory work, dissection and classroom instruction. Dr. R. K. Wolfer, Ph.D. of the Department of Anatomy, was supervising the freshmen students in the dissection of human cadavers. One-half of the students were working on the dissection of the upper extremities and one-half on the lower extremities of the cadavers. In the Pathology Laboratory, Dr. W. A. Voit, Senior Resident in Pathology, explained the purpose and function of the Department of Pathology. Pathological tissues preserved for instruction were discussed. The procedure fol lowed in making studies of human pathology for diagnostic purposes was gone over. Some 58,000 slides of human tissue were on file. It was explained that the Pathology Department may do pathological studies for Osteopathic hospitals in other areas if they do not have
WEDNESDAY, FEBRUARY 19, 1958
1191
a full-time pathologist available at such other hospitals. Both the medical and osteopathic professions had a shortage of trained pathologists. In the Physiology Laboratory students under the direction of Dr. Crane were studying the ventricular and auricular heart move ments of a turtle resulting from electrical and drug stimulation and suppression. The hearts of the turtles were exposed and two students were conducting the experiments on each turtle through electrical wires and administration of drugs. Connected with this laboratory was a live animal room where other animals, including rabbits, were observed available for teaching purposes. In the classroom a lecture in bac teriology was being conducted by Dr. R. G. Taylor.
From this building we crossed a parking area and entered the Conley Maternity Hospital, having some 30 hospital beds, bassinets, 2 delivery rooms, nursery, and offices for the doctors on the staff. No deliveries were in progress, but Dr. Lee Davidson, Associate Pro fessor of Obstetrics and Gynecology, stated that in the earlier morning hours 4 patients had been delivered. Approximately 1,300 babies are born in the hospital each year. The various hospital rooms were observed; babies in the nursery and isolation unit were seen, but because of regulations of the Kansas City Department of Health not entered. We entered the two delivery rooms, observing the delivery table, surgical instruments, various medical equipment and supplies. Students, it was stated, either assisted in deliveries or could observe through observation rooms. It was stated that actual participation in the deliveries by students was the usual method of acquiring experi ence and that use of observation rooms was on the decline in both medical and osteopathic colleges. We did not talk with any patients out of consideration for their privacy, but were free to do so if we desired. The hospital was staffed by registered and practical nurses. The staff included licensed doctors, residents in obstetrics and gynecology, and students in training.
Next we observed and went through the new Diagnostic and Treat ment Center, a new nearly completed two story building constructed in part with federal funds. This building will provide extensive facili ties for the instruction of students in the diagnosis and treatment of out-patients who come to the institution. Students and staff physicians will have individual offices for use in examining patients while on duty. This new building is connected to the main Administration Building.
Next we went through the medical library and saw the rows of medical books and the latest medical and osteopathic publications. About seven students were in the library at the time. The library is in a building next to the Administration Building.
On the next floor were the surgical patients and a large surgical suite composed of major and minor surgery operating rooms. In the major surgery an appendectomy was being performed by one of the staff surgeons assisted by a resident surgeon and students. Students were also watching the operation from an observatory window with the comments of the surgeon being heard by loud speaker. We saw the obstetrical department where we saw two obstetrical delivery rooms. No deliveries were in process, but numerous babies could be seen through the window to the nursery. On the general medical floor patients with the usual medical diseases and ailments were hospitalized. The care of these patients is under the osteopathic medical group of
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which Dr. Tilley is Chairman and Dr. Pearson a member. Special equipment used in the diagnosis of disease were observed including special equipment in the heart field.
In this hospital the staff members in the various medical and surgical fields have offices grouped together as units and so organized that they are easily accessible to the out-patient clinic where the students in their junior year receive practical experience in the diagnosis and treatment of disease.
Across the street from this hospital is the Laughlin Hospital a privately owned 89 bed hospital also used in the clinical instruction of students in drugs and surgery. Nearby also are several nursing and convalescent homes owned by the College.
We next proceeded to the George A. Still Memorial Building used in the teaching of anatomy and physiology. We observed the freshmen students dissecting human cadavers as they learn anatomy. One of the students in this class was Robert L. Marshall of St. Simons Island, Georgia. We discussed with him the training he was receiving and he expressed his hope that the Georgia Legislature would make some provision for the practice of osteopathic medicine and surgery in Georgia so that he could return to his home state. In this building, we also observed certain physiological experiments being performed on animals. Dr. Olwen Gutensohn explained the purpose of certain re search equipment used in determining muscular and nerve patterns of human beings. This College had certain other very specialized research equipment and facilities which were displayed. Part of the research program, we were informed, is or was subsidized by a U.S. Navy Research Grant. This college like the Kansas City College receives annual teaching grants from the United States Public Health Service for cardiovascular, mental and cancer disease teaching pro grams.
Closely related to the clinical teaching of the junior and senior students, we were informed, are the Rural Extension Clinic Services established in eight towns near Kirksville where students get practical training in the problems of rural health. Time did not permit us to travel to these Clinics, but we were given THE MANUAL OF PRO CEDURE OF RURAL EXTENSION CLINICAL SERVICES (AP PENDIX A) describing in detail what a student should do and learn while on duty at these clinics.
From there we went back to the Administration and Clinic Build ing where on the second floor we saw some more classrooms and one class in session. From here we went to the present Out-Patient De partment where staff and student doctors examine and care for out patients at the present time. The out-patient departments or clinic of the College render low-cost medical care to a large number of peo ple. The clinic is divided into the various specialties such as eye, ear, nose and throat, internal medicine, etc. At this school the obstet rical out-patient clinic is in the Conley Maternity Hospital. In the hallway of the clinic we encountered one Georgia student, Rudolph H. Edwards of Whigham, Georgia. He has a B.S. degree from the Uni versity of Georgia. He is a junior student. We were all introduced to him. In response to our questions, he expressed a hope that by the time he graduates in 1959 the situation might be such legally that he would be permitted to return to Georgia to practice. He is interested
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in practicing in a rural part of the state, but would not come back to Georgia unless he can use all of his education and training in the use of drugs and surgery as needed by his patients.
We then returned to the President's office where we discussed such matters as the states where the graduates locate after internship and the fact that a limited law as we have in Georgia prohibits doctors from coming to our state.
Next the Committee went by car to the Osteopathic Hospital, the teaching hospital owned by the College. This five story brick hospital is located several miles from the College. This building with its at tached clinical building where the full time faculty members have offices constitutes along with Conley Maternity Hospital the major teaching hospital. In all, the College has approximately 180 beds for instruction of the students. President Peach and Dean Davis also took us through this hospital. We started out on the fifth floor and went through the whole building. On the fifth floor we went through the surgical facilities. There were two major surgery rooms and several minor surgery rooms in addition to rooms for a blood bank, surgical supplies and the usual equipment found in any hospital having surgical cases. The surgical schedule for that day which was on the billboard in surgery was as follows:
I
321 (Hause)
8:00 Mrs. ___._--____._____-_________.-._.-.._.. Dr. Wilson-Johnson Appendeetomy-Oophoroplasty Dr. Gulp
203 (Springer)
9:30 Mrs. _.__,,___-.______-_._...._._........-_.__ Dr. Di Renna
Left Adnexal Mass
Dr. Yasso
220 (Springer)
11:00 Mrs. .,,,,.,,_,,_. Left Adnexal Mass.
Dr. Di Renna Dr. Yasso
II
415 (Maxwell)
8:00 Mrs. ,,...,,_-._________-_._-._-__.-..._._Lower Exploratory, Laparatomy
Dr. McAnally-Frye Dr. Butterworth
314 (Hause)
9:30 Mrs. ....._.._._--..._...,,..___._____ Hysterpexy, Cervical Conization
Dr. McAnally Dr. Butterworth
308 (Maxwell)
11:00 Mr. ......._.-.-.-._-..._.._,,__..._..__ Dr. Reese
Appendectomy
Dr. Butterworth
317
12:30 Mrs. ____.__._.....-.-.-__.___.____......____._ Bilat. Oophorplasty, Suspension
Dr. Anderson-P. Morri Dr. Gulp
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III
212
9:00 Mr. ______._______._________,,_-_-___________ Dr. Crites-Streitenberger
T&A
Dr. Yasso (Operation deferred)
2SP
9:30 Mr. _..___.._.._..,,_.._._.__ Dr. Geiger
Enucleation
Dr. Gulp
IV
422
8:00 Mr. ____....__._...____._____ Dr. Mount
Excision of Rectal
Dr. Cook
Abscess Fistulectomy
X-RAY
400
9:30 Mrs. ____.__---_____.--..._..______________ Dr. McGrath-Monaghan Mount
Closed Red. of Rt.
Dr. Cook
Tibia
8:30 Master .._______,,___._._._,,..._._,,_,, Dr. McGrath-Monaghan Mount Closed Red. Left Wrist
While we were there, from the hallway we observed some eight or nine doctors, residents in surgery and students engaged in the opera tion listed for 9:30 A.M. under Dr. Di Renna, the Surgeon in Chief for this operation. It had been delayed, for it was about 12:00 N. when we were in surgery. Dr. Yasso was the D.O. in charge of the anesthesiology. The surgery room was large and had modern equipment usually noticed in medical hospitals. (Later that day Dr. Di Renna and Dr. Yasso came to our hotel and went over in detail the operation with Senators Quill Sammon and Grover Newman, explaining the different parts taken by the student, resident, and himself. He stated the woman was undergoing a good recovery. Dr. Yasso explained his part as anesthetist and the great advance made in anesthesiology in recent years. Both men are D.O.s and had received both their undergraduate and postgraduate training in osteopathic colleges and hospitals.) Dr. McAnally, Chief of Surgery Staff, we had met earlier at the Mon day meeting and at the meeting of the Board of Trustees on Monday night. He had completed his surgical schedule by the time we had arrived at the hospital.
From the surgery wing we proceeded through the various other floors of the hospital observing in the beds patients of all ages. It was stated that we could see the hospital records of the individual patients if we so desired. Rather than disturb the hospital routine we asked the Record Librarian of the hospital to send the Committee a list of the various types of cases in the hospital on the day we visited the institution. It is attached hereto as Appendix A. The floors were staffed by registered and practical nurses and it was obvious that the patients were suffering from the usual medical and surgical ail ments seen in any other hospital we had been in. On each floor there were nursing stations, work-up rooms, drug rooms and the usual clean up rooms we all had become familiar with in medical hospitals in our own area. For some of us, this was the largest hospital in which
WEDNESDAY, FEBRUARY 19, 1958
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we had been in, as only a small percentage of general medical hospitals outside of Atlanta are over 100-150 beds in size.
Connected with the hospital is a building housing laboratories and offices of the clinical staff, the physicians and residents who are full time men. The remaining staff physicians are doctors in general or specialty practice in Kansas City with offices of their own. Here we met Dr. McAnally again in the offices of the surgical staff. We went through the laboratory where blood donors give their blood for storage in the blood bank. We met again Dr. L. R. Hall, a Professor of Sur gery and Co-ordinator of the Cancer Teaching Program His office is located in the Tumor Clinic. We were shown the manner in which the Tumor Clinic is operated. Special radiation equipment used under a license issued by the Atomic Energy Commission was explained involv ing the use of radio-isotopes. We noticed a placard on the wall indi cating that the hospital and doctors are participating members of Blue Cross and Blue Shield plans.
At approximately 1:00 P.M. we completed our tour of the hospital. Lunch was available at the hospital cafeteria, but the members decided to return to the hotel. There was general agreement upon the follow ing observations:
(1) that the College officers were completely co-operative and desired to show to us every feature and phase of the College;
(2) that the College trains physicians for the general practice of medicine and the treatment and care of all human ailments and diseases;
(3) that the people of Missouri look upon doctors of osteopathy as trained physicians and surgeons and have the same trust and confi dence in them that we in our state have in M.D.s;
(4) that the use of drugs and surgery is based upon a scientific education and training in the College;
(5) that under Missouri law none of the restrictions or limitations found in Georgia law have ever existed;
(6) that no legislator could go through the College without com ing to the same general conclusions regarding the instruction, training and use of drugs and surgery;
(7) that the expansion plans of the College made further improve ment and development of the College certain through the spending of some $5,000,000 in the next five years for a new 250 bed teachinghospital and related facilities; and
(8) that X-12D, the Catalog of the Kansas City College of Osteo pathy and Surgery, contains all the remaining information and statis tics necessary for a proper understanding of the College and its Hospitals and is hereby made a part of this Report.
Appendix A
STATISTICS ON OSTEOPATHIC HOSPITAL AND CLINICAL BUILDING, AND CONLEY MATERNITY HOSPITAL, KANSAS CITY COLLEGE OP OSTEOPATHY AND SURGERY, OCTOBER 8, 1957
1st Floor
Administration and Clinic Offices and Related Facilities
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2nd Floor
Number of patients ..... ........._.._._._._____..........._...._........---- 29 Number of Medical patients ._.-._.__ 13 Number of Surgical patients ...._._._____............_._.._....-.........- 16
3rd Floor
Number of patients .. ......._..___.__..._.... ....._...__..._.... ...._.__.._.. 36 Number of Medical patients __..___.._.....___.____.___-_.-.__...-.---- 17 Number of Surgical patients ._..__..............._._...._...... ........ 19
4th Floor
Number of patients ___._.-.-..-- .---------_. ..___._._....__._... ......... 37
Number of Medical patients
_.
__
14
Number of Surgical patients .__.......-_._..__._._..............---- 23
Surgeries
Appendectomy ._......_.... .....______...____._........._._._._...._.___....--- 2
Oophoroplasty _____.,,.__.,,_.______________._,,..........__._..._......__....--.. 2
Cervical Conization
._
_
1
Hysteropexy ,,. .___...___
2
Fistulectomy _....._._.___._.......__.._._. 1
Excision of Rectal Abscess .. .....____.._._.___........ ..... ......... - 1
Closed Reduction of right Tibia
.._
1
Exploratory Laparotomy _.._._...
1
Enucleation _._.__._.._. ......_____......._______.___.,,. __..._ 1
Adnexal Mass . _ _.._______-_._._____-
2
T&A ...________........_._._.._______.___._._._.......,,._._._.__.___._._.._.... .... 1
Pediatric Cases
Number of patients ________..._.- 7
Bronchitis ____._.._._._.......___.....______.___.___..___.. __ _ _. 1
Tonsils .
___..___-__..__.._ 4
Redundant Prepuce _,,..,.._.._ 1
Fracture
...._....._..,,__._ 1
Census: 102 patients
Maternity cases at Conley Maternity Hospital
Number of Mothers
___...______._.
17
Number of Babies _.___._._..___.____.____-....__ 15
D & C ________ _
. . _.
1
Census: as enumerated
QUESTIONS AND ANSWERS FOR A LEGISLATIVE COMMISSION
I. Osteopathic Education
a. How many osteopathic colleges are there? There are 6 colleges located at Chicago, Illinois; Los Angeles, California; Philadelphia, Pennsylvania; Kirksville, Missouri; Kansas City, Missouri; and Des Moines, Iowa. See pp. 115-147 of X-2 for detailed information on all six schools. X-12A to 12F are college catalogs for each school.
b. What is the preprofessional education required? The minimum preprofessional college education required for matriculation is three years. See p. 29 of X-3, in 1956 72.5% of freshmen had 4 or more years preprofessional.
WEDNESDAY, FEBRUARY 19, 1958
1197
e. Where do the students get their preprofessional training? At accredited colleges and universities throughout the United States. See pp. 4-5 of X-3.
d. What is the professional training and education? Training and education in all recognized and accepted diagnostic, therapeutic pro cedures and modalities including the use of drugs, manipulation and operative surgery. See p. 12 of X-3 for curriculum.
e. How long is the professional education and training? Four academic years or approximately 5,000 hours in all see pp. 10-11 of X-3. The total hours of instruction and training at each school are: Chicago College of Osteopathy, (X-12A, pp. 26-30) 4944 Hrs. College of Osteopathic Physicians & Surgeons (X-12B, pp. 38-55) 6082 Hrs. Des Moines Still College of Osteopathy & Surgery (X-12C, pp. 43-45) 6398 Hrs. Kansas City College of Osteopathy & Surgery (X-12D, pp. 29-31) 5412 Hrs. Kirksville College of Osteopathy & Surgery (X-12E, pp. 29-30) 5582 Hrs. Philadelphia College of Osteopathy (X-12F, pp. 62-65) 6008 Hrs.
f. Is an internship required and what percentage take an intern ship? No medical or osteopathic college in the United States requires an internship as a condition to graduation, approximately 24 states require an internship as a condition to licensure. About 98% of today's graduates take a one year internship. See X-32 for legal requirements.
g. What are the residency training standards? The residency training programs are 3 years training beyond an internship, see X-6 for particular requirements of the 12 specialty boards.
h. What specialty training certification boards have been estab lished? 12 specialty certification boards have been established, in 12 specialty fields including surgery, pathology, obstetrics and gynecology, neurology and psychiatry and others. See page 12 of X-2A for names and X-6 for requirements.
II. Hospitals
a. How many osteopathic hospitals? Approximately 400 in all. See X-52 for the names and sizes of the hospitals.
b. Is a list of the hospitals available? Yes. See X-52 for nearly complete list, althought there are others not listed.
c. Are they non-profit, public or private? They are of all three types although mainly non-profit.
d. Name some public hospitals jointly used by M.D.s and D.O.s. The names of some are listed in X-40. They are mainly county hos pitals located in Missouri, Iowa, California and other unlimited states.
e. Name some private hospitals jointly used by M.D.s and D.O.s. The Rio Hondo Hospital, Rivera, California and Santa Ana Community Hospital, Santa Ana, California. See X-42, p. 17 for picture of the dedication of a new hospital wing attended by the AOA Chairman of the Bureau of Hospitals and the President of the Los Angeles County Medical Society.
f. What are the AOA intern training hospital standards? They are set out in X-4 and X-5 and require that a doctor of osteopathy have general hospital training in the care of patients in medical and surgical
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cases. Only hospitals meeting the required standards may be approved. The hospital staffs must be composed of either M.D.s or D.O.s The aproval of intern hospitals is by the AOA Bureau of Hospitals for osteopathic hospitals and by the AMA Council on Medical Education and Hospitals for medical hospitals. All states require both medical and osteopathic hospitals to be licensed under a state hospital licensing law whose requirements are the same for the hospitals of both organi zations.
g. What are the AOA registered hospital standards? They are a part of X-4 and provide minimum requirements for hospitals not seek ing intern training approval. These standards are comparable to the "Listing" requirements of the American Hospital Association which most medical hospitals try to meet.
h. What percentage of osteopathic hospitals are general hospitals? All but a small percentage are general hospitals. The hospitals which are not general medical and surgical hospitals are special type hos pitals relating to mental diseases, obstetrics and gynecology or some related specialty field.
i. What is the approximate value of osteopathic hospitals construc tion now underway? Approximately $20,000,000.00. Construction de tails of some hospitals are detailed in X-46, pp. 22-27, and see X-44 describing the 10,000,000.00 Los Angeles County Hospital Unit being built by Los Angeles County, California for the osteopathic profession.
III. Federal Laws
a. Do D.O.s have same status under federal laws with M.D.s? Yes in nearly all respects, see X-8 for an abstract of the federal laws granting equal recognition to the degrees M.D. and D.O.
b. What is the law of the District of Columbia? That the de grees M.D. and D.O. shall be accorded the same rights and privileges, see X-8 under District of Columbia.
c. What is the position of the U.S. Public Health Service? Equal recognition for appointment as medical officers and in granting funds for education to M.D.s and D.O.s X-8A describes the Performance of Medical and Osteopathic Students on a Cancer Knowledge Test, indicat ing osteopathic students are slightly ahead of medical students in the freshman year but slightly behind in nearly all respects in the other 3 years as evidenced by charts on p. 3 and 4. This report was published by the Public Health Service in August, 1957.
d. Have osteopathic colleges or hospitals been granted any federal funds--for what? A minimum of $2,000,000.00 in the last 5 years, see X-8 under Public Health Service. See X-8A for Cancer Instruction re sults in medical and osteopathic colleges.
e. Do doctors of osteopathy serve as Medical Officers of U.S. Public Health Service? Yes, several are on active duty at present. See p. 33 of X-9 for example of D.O. on temporary duty with U.S. Public Health Service. Dr. Ebert is a D.O. in general practice in Indiana.
f. What about Veterans Administration Home-Town Medical Care Program? D.O.s in the various states give medical and surgical care to veterans under the out-patient program of the V.A. but in limited practice states the care given must conform to legal restrictions.
WEDNESDAY, FEBRUARY 19, 1958
1199
g. Do D.O.s serve as Medical Officers of the Department of Medi cine and Surgery of the VA? Yes. See X-8 under Veteran's Adminis tration.
h. Name any other instances of federal recognition. They are listed in alphabetical order in X-8.
IV. State Laws
a. Unlimited laws--how many, what are names of the licenses? 36 states D.C. and Territory of Hawaii. See names of states and types of licenses, X-l, pp. 133-137. X-30 is an Abstract of Laws of each state. X-31, pp. 105-107 is an official statement of the AMA relating to laws relating to D.O.s and stating that limited licensing laws are rapidly being replaced by unlimited laws. X-36 is a West Virginia Court of Appeals decision construing the West Virginia law.
b. What percentage of D.O.s practice in unlimited states? Out of 13,000 D.O.s all but approximately 300. See pp. 6-7 of X-24 for chart setting out number of D.O.s in each state, type of law and scope of practice. Only approximately 3% of the D.O.s live and practice in States having limited laws.
d. Have any such laws ever been repealed? No. Every unlimited law has remained permanently in effect, unchanged by the legislature.
e. Are excerpts from or copies of the laws available? Yes. See pp. 133-137 of X-l and X-30 abstracting all of the laws relating to osteopathy. Copies of the laws are available on request.
f. Who administers the laws: Types of Boards? Medical Boards and Boards of Osteopathic Examiners, see pp. 138-139 of X-l for the names and types of membership of the various boards, as well as their relationship to other governmental agencies.
g. Are D.O.s members of Boards of Medical Examiners? Yes in 15 states, see pp. 138-139 of X-l.
h. Are osteopathic colleges and hospitals inspected by Boards of Medical Examiners? Yes from time to time, but boards generally ac cept the accreditation of the American Osteopathic Association just as they accept AMA accreditation for medical colleges and hospitals.
V. Relationships with Medical Profession
a. What is official position of AMA? In 1955 by a rate of 101-80 the AMA voted to list osteopathy as a cultist profession, see X-l, pp. 79-89 for a complete text of the report of the AMA Committee for the Study of Relations Between Osteopathy and Medicine. This Report is a constructive survey of the osteopathic colleges and discloses needed areas for improvement in the same manner and degree as X-14, Medi cal Schools in the United States at Mid-Century, makes the same type of constructive criticisms of AMA approved medical colleges. X-14A lists some of the Areas for Needed Improvement in Approved Medical Colleges and discloses that medical and osteopathic colleges must con tinue to receive the benefits of constructive criticism. The areas for needed improvement in both studies are very similar a comparison of the report evidences. Medical educators of both the allopathic and osteopathic schools of medicine recognize this fact.
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b. What is official position of AOA? That it will cooperate with all organizations or groups interested in the improvement of the public health.
c. Is joint use of a hospital by D.O.s and M.D.s unethical? No, if required by law or regulation, see X-41 and X-43 for the official position of the AMA and because of which M.D.s and D.O.s practice together in many hospitals using the same medical, surgical and nurs ing facilities and attending the same post-graduate education programs in medical colleges.
d. Do they all use the same post-graduate facilities, as for example, in Washington, California and Colorado? Yes, state tax-supported medical school and post-graduate programs are open to D.O.s in those states. X-19 lists the subjects covered at a recent course given by the faculty of the University of Washington Medical School for doctors of osteopathy. X-18 states that D.O.s licensed to practice medicine may attend the Postgraduate Medical Institute of Boston, Massachusetts sponsored by Harvard Medical School, Massachusetts Medical Society and other leading medical organizations.
e. Do M.D.s ever teach an osteopathic organization post-graduate courses? Yes. For latest instance see X-17 for program of American College of Osteopathic Surgeons wherein on p. 8 Drs. Beck and Hosier, M.D., members of the faculty of the Western Reserve School of Medi cine will speak on Cardiac Resuscitation by surgery, and on p. 13 Dr. Woosley M.D. of the faculty of St. Louis University School of Medi cine on The Problem of the Intervertebral Disc.
f. Do any M.D.s teach in osteopathic colleges? Yes. See catalogs for degrees of faculty members and p. 102 of X-31 wherein a 1953 AMA report recognized the use of M.D.s on the faculty of osteopathic colleges. There was an even wider use of M.D.s on the faculties of osteopathic colleges in the early years when osteopathic surgeons were not as numerous as now. There have always been some M.D.s on the faculties of osteopathic colleges.
g. Do D.O.s provide medical and surgical care under Medical So ciety sponsored Blue Shield programs? Yes in states where D.O.s have an unlimited license to use drugs and perform surgery.
h. Has an M.D. ever testified in a court proceeding regarding an osteopathic college? Yes. Dr. Eric Oldberg, M.D., Professor of Neurosurgery, University of Illinois School of Medicine, testified in Chicago College of Osteopathy case, see X-l, pp. 73-79 for a copy of the Illinois Supreme Court decision.
i. Is there actually co-operation between M.D.s and D.O.s at the local level? Yes, see partial list of D.O.s serving as local health officers, X-39, in which capacity D.O.s administer local health plans in co operation with all local doctors, both M.D. and D.O.
j. Are M.D.s using manipulative therapy? Yes. X-50 lists M.D. books on manipulation and medical articles relating to manipulation. Manipulation is a therapy used by both M.D.s and D.O.s. There is no therapy, drug or surgical procedure that is not available to and used by doctors with the degrees M.D. and D.O.
k. What is physical Medicine and is it taught in medical col leges? Yes. X-49 lists the hours devoted to it in some 20 medical col-
WEDNESDAY, FEBRUARY 19, 1958
1201
leges. The hours total from 8 to 144, not including related instruction under other headings involving manipulation, and physical medicine, as in orthopedic surgery.
1. Name some books or articles by M.D.s dealing with manipula tion. X-50 lists some books and articles by doctors of medicine.
m. Are D.O.s officers on the boards of medical examiners of any states? Yes. D.O.s are Vice-Presidents in Colorado, Texas and South Dakota, Treasurer in Indiana, and Secretary of the Approving Au thority in Massachusetts; all official positions on the Boards of Medi cal Examiners.
VI. Practice
a. In what states are the D.O.s located largely throughout the country? In all states, but the heaviest concentrations are in Cali fornia, Texas, Missouri, Michigan, Ohio, Pennsylvania, New Jersey and New York.
b. Do they use drugs and surgery in their practice? Yes, all but 300 are located in unlimited states and can qualify under state law to receive a license which includes the use of drugs and surgery in the 36 states, D.C. and the Territory of Hawaii. Every D.O. licensed in Texas since 1907 has taken the same examination in medicine and surgery given by the Texas Board of Medical Examiners as has been given to M.D.s and every one of the 627 D.O.s in the state holds a medicine and surgery license. The same holds true in many of the other states.
In Missouri the Medical Society and Osteopathic Society have writ ten a bil to unite the Medical and Osteopathic Boards and to auto matically issue a license to practice medicine and surgery to all the M.D.s and D.O.s in the state. This bill was introduced at the 1955 session of the state legislature and was assigned the number S.B. 226. A copy of that bill is attached hereto. It will be given further con sideration at the 1959 session of the Missouri Legislature. Its pro visions in regard to medical and Osteopathic licensing were reached through joint meetings of the two profession's members.
c. Can a physician practice today without an unlimited license? No, modern health conditions require that full use of a doctor's educa tion and training be authorized so that doctor's may develop fully their capabilities and that the public is fully protected from legal restric tions which may interfere with a trained doctor practicing modern scientific medicine.
d. Can a physician provide services to patients covered by medical and surgical insurance policies if he has a limited license? In many cases no, for policies requires that doctor hold an unlimited license, irrespective of type of care provided.
e. Can a physician provide services under "Medicare", the federal program for medical and surgical care for dependent's of personnel of the Armed Forces without a physician's and surgeon's license? No, federal regulations require that the doctor be licensed to use all drugs and all surgery.
f. Is a physician's and surgeon's license necessary to even provide manipulation under some insurance policies and "Medicare"? Yes; a
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doctor can not provide manipulation, give an aspirin, or any medical or surgical treatment if not the possessor of an unlimited license.
g. Can a physician and surgeon profession properly organize in a state without an unlimited license? No. A health profession can not organize its specialty services or develop hospitals.
h. Will all doctors do major surgery, if they have such a license? What are the controls? No. See X-47, a survey of the practices of 300 D.O.s. The controls are a doctor's personal integrity and hospital regulations; see X-4 and X-5 for osteopathic hospital standards.
i. Why are doctors in the various specialties needed to develop a hospital staff? Most hospitals are general hospitals and take care of all types of cases, doctors thus specialize so as to develop in training and skill in the various areas of practice.
j. Does the organization of a hospital improve the general trend of care provided by doctors in an area? Yes. Hospitals serve as centers for community care and post-graduate training.
k. Does the existence of a hospital make the services of the doc tors more efficient and useful? Yes, the added clinical facilities aid him in his practice and encourage a high level of practice through staff organization.
1. In whose interest is an unlimited law enacted, the patient or the doctor? Mainly the patient, although the doctor also benefits through greater use of his education and training.
m. Do any M.D.s in the United States possess a limited license? None, except a few M.D.s licensed only to practice in state institutions.
n. Are limited licenses on the decline? Yes. The AM A so states on p. 106 of X-31.
o. What are some of the problems that a doctor in general prac tice encounters if practicing with a limited license? In most cases he may not use all drugs or surgery needed to help the patient and recog nized as needed by both the medical and osteopathic professions. Modern drugs and surgery can not be classified by law or divided by law into areas of permitted uses because only the condition of the patient as diagnosed by the doctor can be the basis of modern scientific and ethical practice.
p. Can the existence of a limited license actually endanger the life or health of a patient? Yes, where the doctor is competent to use a needed therapy, but the law prohibits its use. This situation is par ticularly important for doctors in practice in the rural areas and who must be authorized to provide himself in his general practice all needed diagnostic and therapeutic procedures and modalities. D.O.s have been so trained and no osteopathic college trains its students with any other objective in mind.
q. Has the osteopathic profession ever willingly accepted a limited license? No. All limited laws were enacted over protest of osteopathic profession or at a time when profession could not object or secure because of medical opposition any other type of law. VII. The Future.
a. Are osteopathic colleges going to get Federal Funds for ex-
WEDNESDAY, FEBRUARY 19, 1958
1203
pansion? Yes. See X-2 for complete information on new federal aid to medical education program and the inclusion of osteopathic colleges under the program to help train more doctors.
b. What are the expansion plans of the osteopathic colleges? All the colleges have expansion programs, outlined in X-29. These plans involve an expenditure of an estimated $21,075,000.00 in the next five years.
c. Are the osteopathic colleges included in the Medical Inquiry Report of the U.S. Senate Interstate Commerce Committee? Yes. X-2, pp. 115-147 is devoted solely to osteopathic colleges. Is a copy of that Report available? Yes.
d. What about the commissioning of D.O.s in the Armed Forces? Do you have a copy of the H.R. 483 Hearing Record? Yes, X-l is a complete report. X-7 is copy of Department of Defense regulations pro viding for the rules under which the respective services will commission the doctors.
e. Was the Doctors Draft Act repealed and is the commissioning of D.O.s now under the Selective Service Act? Yes. The Doctors Draft Law was repealed as of July 1, 1957 and the commissioning of doctors is now a part of the Selective Service Act.
f. Is there a place in modern medicine for both medical and osteopathic colleges? Yes. President Elsenhower has recommended federal grants-in-aid for both schools, see X-10, p. 511 and X-2, p. 174 defining medical education to include colleges of osteopathy.
g. Is it true that all D.O.s are trained in the use of manipulative therapy, but only a small percentage of the M.D.s? Yes. While in struction in manipulation therapy is on the increase in medical college (X-l, p. 86) is not taught on as broad a basis as in osteopathic colleges.
h. Could all M.D.s as a practical matter be trained in manipula tion while in medical college? It is doubtful that sufficient qualified instructors are available or the time in curriculum to teach all of them.
i. Is it a fact that all physicians should be trained in all fields of diagnosis and therapy? Yes. Both the medical and osteopathic pro fession are in agreement on this principle.
j. Is training in manipulation time consuming and intricate just like other medical subjects? Yes. Its use must be co-ordinated as a part of the full practice of medicine and surgery.
k. Are all schools of medicine learning today more and more about physical medicine? Yes. Both medical and osteopathic colleges are emphasizing rehabilitation, greater awareness of the musculoskeletal system in the management of the disease or disorder, and the study of man as a whole. See X-51 for new concept of North western University Medical School. See X-48 for an article on the modern approach of osteopathic medicine.
1. Are AM A approved medical colleges in need of improvements? Yes. See X-14 and X-14A for details of Areas for Needed Improve ments from an impartial AMA study of medical schools.
m. What about foreign medical colleges? Are their graduates licensed? Yes. See X-37, p. 452 for statistics for the year 1946-56.
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Without licenses they serve on the hospital house staffs in many states. See X-27.
n. Are there areas for needed improvement in foreign medical colleges? Yes. Read X-26 for excerpts from official AM A articles describing foreign medical colleges and their need for improvements in both the basic sciences and clinical fields.
o. What are the qualifications of a graduate of a medical school today? X-15 is an excerpt from a statement by the Past President of the AMA that graduates of medical colleges are not adequately edu cated for the practice of surgery, obstetrics and the specialties, without further post-graduate training. Many medical educators do not agree with this AMA statement.
p. Is there one "curriculum" for medical colleges? No. See X-16 recognizing great differences among the medical colleges and also X-13, X-14 and X-14A for differences among teaching standards, budget, faculty and other features of medical colleges.
q. How many teaching beds should a medical college hospital have? See X-13, p. 7, the AMA standards states:
". . . no fixed number of hospital beds or patients per student can be established because of the variables involved. Medical edu cation should emphasize intensive long term study by each student of relatively fewer patients rather than the superficial observa tion of many patients."
r. Is there a shortage of doctors in general practice? Past Presi dent Murray of the AMA says yes, see X-25.
s. Do both M.D.s and D.O. successfully pass medical licensing examinations with relatively the same percentage of passings and fail ures? Yes, compare statistics in X-37 and X-38 for all the licensing boards in the 48 states; a comparison must be made on the basis of all states not just of a limited number.
t. How have the various states provided for unlimited licensure for doctors in states once having a limited law? X-47 sets out a factual explanation of the manner in which this problem has been handled by state legislatures. None of the states listed in X-47 had the benefit of a thorough interim committee study of osteopathic education and training. The solutions varied with the times, local conditions and the strength of the profession.
u. Are the osteopathic colleges making a contribution to basic research directed at improving the health of the American people, and adding to man's knowledge of health and disease? Yes. A list of articles are published on pp. 20-24 of X-l and X-22. X-23 is an ex planation by a lay person of what osteopathic research is attempting to accomplish. X-21 details recent AOA contributions to research.
Respectfully submitted,
Newman of the 38th, Chairman Kidd of Baldwin, Vice Chairman Sammon of the 34th, Secretary Foster of the 26th, Member of Committee Rogers of Heard, Member of Committee Broome of Bacon, Member of Committee Smith of Whitfield, Member of Committee Ross of Lincoln, Member of Committee
WEDNESDAY, FEBRUARY 19, 1958
1205
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 691. By Mr. Overby of Hall:
A Bill to be entitled an Act to amend the Code relating to misbranding of petroleum products; and for other purposes.
The previous question was ordered.
The main question was ordered.
The report of the Committee, which was agreeable 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 Ballard Barber Barrett Baughman Birdsong Blalock of Coweta Blalock of Clayton Bodenhamer Bolton Bradley Broome Cagle Caldwell A. Campbell of
Walker W. Campbell of
Walker Carr Carswell Cheek Coalson Cocke Crummey Denmark Duncan Echols Elder Ellis Eyler Fellows Fowler of Douglas Fowler of Treutlen Go wen Griffith
Grimsley Gross of Stephens Hall of Floyd Hall of Lee Harper Harrison Helms Henderson Hendrix Hodges of Ware Hodges of Butts Hogan Holloway Huddleston Hurst Ingle Irvin Johnson Jones of Wayne Jones of Worth Jones of Laurens Jones of Sumter Kelley Kennedy Key K; dd
Killian King Lancaster Land Larkins Lee Lindsey Lokey Long
Love Mackay Mann Martin Matthews Miles Mobley Moorman Morris Moss Murphy Musgrove McGibony Newton Nichols Nilan Odom Orr Overby Palmer Parker of Pike Payton Perkins Peters Phillips of Walton Pickett Ramsey Ray Reed Roberts Rodgers of Charlton Ross Russell Rutland Sivell
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JOURNAL OP THE HOUSE,
Smith of Emanuel Smith of Lamar Smith of Fulton Smith of Whitfield Stephens Story Summers Tabb
Tamplin Tarpley Twitty Underwood Veal Walker of Lowndes Watson Wells
White Willingham Wilson Winkle Wright of Floyd Wright of Dodge Yandle Young
On the passage of the Bill, the ayes were 127, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 877. By Mr. Tarpley of Union:
A Bill to be entitled an Act to amend the Code so as to provide that a non-resident may maintain a suit for divorce in the county of resi dence of the defendant; 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 Ballard Barber Barrett Baughman Birdsong Blalock of Coweta Blalock of Clayton Bodenhamer Boggs Bolton Bradley Brennan Brooks of Oglethorpe
Broome Busbee Cagle A. Campbell of
Walker W. Campbell of
Walker Carr Cheatham
Cheek Coalson Crummey Denmark Echols Elder Ellis Eyler Fellows Floyd Fowler of Douglas Gowen Griffith Grimsley Gross of Stephens Hall of Lee Harper Harrison Hawkins Helms Hodges of Ware Hodges of Butts Hogan Holcombe
Holloway Huddleston Ingle Irvin Johnson Jones of Wayne Jones of Laurens Jones of Sumter Jones of Crawford Kelley Kennedy Key Kidd Killian Lanier Larkins Lee Lokey Long Love Mackay Mann Martin Matthews
WEDNESDAY, FEBRUARY 19, 1958
1207
Mobley Moorman Morris Moss Murphy Murr Musgrove McGibony Neese Newton Nichols Nilan Odom Palmer Parker of Pike Parker of Ware Payton
Peters Phillips of Walton Pickett Raulerson Reed Roberts Rodgers of Charlton Rogers of Heard Ross Russell Rutland Sivell Smith of Lamar Smith of Whitfield Stephens Story Summers
Tabb Tamplin Tarpley Twitty Underwood Veal Walker of Lowndes Walker of Telfair Watson Wells Willingham Wooten Wright of Floyd Wright of Dodge Yandle
Voting in the negative was Mr. Smith of Bryan.
On the passage of the Bill, the ayes were 118, nays 1.
The Bill, having received the requisite constitutional majority, was passed.
Mr. Carlisle of Bibb requested that the Journal show him as having voted for the passage of HB 877.
HB 256. By Mr. Carlisle of Bibb:
A Bill to be entitled an Act to amend the Code so as to increase the amount that can be remitted to the Ordinaries belonging to minors and insane persons who have no legal guardian; 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 Ballard Barrett Baughman Birdsong Blalock of Coweta Bodenhamer Brennan Brooks of Oglethorpe
Broome Budd Busbee A. Campbell of
Walker W. Campbell of
Walker Carlisle Carr
Cheatham Cheek Cloud Coalson Cowart Denmark Ellis Eyler Fellows
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Floyd Fowler of Douglas Frazier Gowen Griffith Grimsley Gross of Stephens Hall of Lee Harper Harrison Hawkins Henderson Hill Hodges of Ware Hodges of Butts Hogan Holcombe Holloway Huddleston Ingle Irvin Johnson
Jones of Wayne Jones of Worth Jones of Lumpkin Jones of Laurens Jones of Crawford Kelley Kennedy Key
Kidd Killian Lanier Lee Lokey Long Mann Matthews Miles Mobley Moorman Morris Moss Murphy Musgrove McGibony McKenna Neese Newton Nichols Nilan Orr Overby Parker of Ware Payton Perkins Peters Pickett Ray Reed
Roberts Rodgers of Charlton Kogers of Heard Ross Rutland Sivell Smith of Emanuel Smith of Whitfield Smith of Bryan Stephens Story Summers Tabb Tamplin Tarpley Taylor Todd Twitty Underwood Veal Walker of Lowndes Walker of Telfair Watson Wells Willingham Wilson Wooten Wright of Dodge Yandle Young1
On the passage of the Bill, the ayes were 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 280. By Messrs. Bodenhamer of Tift, Veal of Putnam, and others:
A Bill to be entitled an Act to create a State Board of Watchmaking, and for other purposes.
Mr. Winkle of Whitfield moved that the Bill be tabled.
On the motion to table, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Alien Bagby Blalock of Clayton Bolton Brackin Brennan Brooks of Wilson Budd
Busbee Caldwell Carr Carter Cheatham Cheek Coalson Crummey Echols
Eyler Fellows Floyd
Fowler of Treutlen Frazier Gowen Gross of Stephens Gunter Hall of Lee
WEDNESDAY, FEBRUARY 19, 1958
1209
Harper Hill Hogan Holcombe Holloway Ingle Irvin Johnson Jones of Wayne Jones of Worth Jones of Laurens Jones of Crawford Kelley Killian Lanier Larkins Long Mackay Mann Martin
Matthews Miller of Elbert Moss Murphy McClelland McGibony McWhorter Orr Overby Parker of Pike Peters Phillips of Walton Pickard Pickett Raulerson
Ray Reed Roberts Rogers of Heard Scoggin
Those voting in the negative were Messrs.:
Ballard Barber Baughman Birdsong Blalock of Coweta Bodenhamer Broome Carlisle Denmark Dorminy
Duncan Grimsley Hendrix Jones of Lumpkin Land Lokey Lott Miles Moorman Morris
Smith of Emanuel Smith of Lamar Smith of Whitfield Smith of Bryan Stephens Story Summers Tabb Tarpley Todd Twitty Underwood Walker of Lowndes Walker of Telfair Watson Weems Wells Winkle Wooten Young
Musgrove Newton Parker of Ware Perkins Short Tamplin Veal Willingham Yandle
On the motion to table, the ayes were 87, nays 29.
The motion prevailed, and HB 280 was placed on the table.
The following Bills of the House were taken up for the purpose of con sidering the Senate amendments thereto:
HB 1031. By Mr. Watson of Houston:
A Bill to be entitled an Act to incorporate a new municipality in Houston County to be known as Elberta; and for other purposes.
The following Senate amendment was read:
Committee of the Senate on County and Municipal Government moves to amend HB 1031, as follows:
By striking from the first paragraph of Section 9 the words:
"except that the Mayor and Councilmen shall not establish a speed limit of less than 45 m.p.h. on Georgia Highway No. 247, which runs through said municipality."
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JOURNAL OP THE HOUSE,
and inserting in lieu thereof the words:
"except that the Mayor and Councilmen shall not establish a speed limit on Georgia Highway No. 247 which runs through said municipality, which is different from the speed limit pro vided by general State law."
Mr. Palmer of Mitchell moved that the House agree to the Senate amend ment.
On the motion to agree, the ayes were 106, nays 0.
The Senate amendment to HB 1031 was agreed to.
HB 959. By Messrs. McWhorter, Mackay, and Rutland of DeKalb:
A Bill to be entitled an Act to amend the charter of the City of Chamblee; and for other purposes.
The following Senate amendment was read:
Senator Sammon of the 34th moves to amend HB 959 by: 1. Insert ing a semicolon in the seventh line after the word "territory"; 2. Strik ing the word "commission" in the third line of Section 2 and sub stituting the words "mayor and council"; 3. Substituting "1958" in the two instances where "1957" appears in line 13 of Section 3, and by substituting 1959 for 1958 in line 14 of Section 2.
Mr. Mackay of DeKalb moved that the House agree to the Senate amend ment.
On the motion to agree, the ayes were 106, nays 0.
The Senate amendment to HB 959 was agreed to.
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 992. By Mr. Yandle of Toombs:
A Bill to be entitled an Act to amend an Act by changing the provisions relating to the sale of game fish.
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:
WEDNESDAY, FEBRUARY 19, 1958
1211
Those voting in the affirmative were Messrs.:
Adams Alien Bagby Ballard Barber Barrett Baughman Birdsong Blalock of Coweta Blalock of Clayton Bodenhamer Boggs Bolton Brennan Brooks of Oglethorpe Brooks of Fulton Broome Budd Busbee A. Campbell of
Walker W. Campbell of
Walker Carlisle Carr Carswell Carter Cheatham Cheek Crummey Denmark Dorminy Duncan Echols Ellis Eyler Fellows Fowler of Douglas Fowler of Treutlen Frazier Gowen Griffith
Grimsley Gross of Stephens Hall of Floyd Hall of Lee Hardaway Harrison Hawkins Hodges of Ware Hodges of Butts Hogan Holloway Irvin Johnson Jones of Wayne Jones of Worth Jones of Lumpkin Jones of Laurens Jones of Crawford Kelley Kennedy Kidd Killian Larkins Lee Lokey Long Lott Mackay Mann Matthews Mobley Moorman Moss Murphy Musgrove McClelland McGibony McKenna Neese Nichols Nilan Odom
Orr Palmer Parker of Ware Parker of Appling Payton Perkins Peters Pickett Raulerson Ray Roberts Rodgers of Charlton Rogers of Heard Rough ton Scoggin Sheffield Singer Smith of Emanuel Smith of Fulton Smith of Whitfield Smith of Bryan Stephens
Story Summers Tabb Tamplin Tarpley Todd Twitty Underwood Walker of Lowndes Walker of Telfair Watson Wells Willingham Winkle Wooten Wright of Floyd Wright of Dodge Yandle
Those voting in the negative were Messrs.:
Harper Hendrix
Ingle Land
Wilson
On the passage of the Bill, the ayes were 122, nays 5.
The Bill, having received the requisite constitutional majority, was passed.
HB 875. By Messrs. Wells of Peach and Veal of Putnam:
A Bill to be entitled an Act to fix the salaries of official court reporters; and for other purposes.
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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.
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 Ballard Barber Barrett Baughman Bodenhamer Brooks of Oglethorpe Broome W. Campbell of
Walker Carlisle Carr Carter Cheatham Cheek Denmark Duncan Fowler of Douglas Gowen
Green of Rabun Gross of Stephens Hall of Floyd Hall of Lee Harrison Hawkins Hendrix Hodges of Ware Hogan Irvin Jones of Lumpkin Jones of Laurens Jones of Crawford Kennedy Kill: an Mackay Matthews
Moorman Murphy Musgrove
Neese Newton Nichols Nilan Rutland Scoggin Sheffield Smith of Whitfield Stephens Tamplin Veal
Watson Wells White Willingham Winkle Wright of Floyd
Those voting in the negative were Messrs.:
Adams Birdsong Blalock of Coweta Bolton Brennan Budd Cagle Coalson Crummey Dorminy Echols Ellis Eyler Fellows Fowler of Treutlen Frazier Griffith Grimsley Harper Hill
Hodges of Butts Holloway Ingle Jones of Wayne Kelley Kidd Larkins Long-
Mann Martin Miles Moss McGibony McKenna Orr Parker of Pike Parker of Ware Parker of Appling Perkins Peters
Pickett Raulerson Reed Roberts Rogers of Heard Ross Singer Smith of Lamar Smith of Bryan Story Summers Tarpley Todd Underwood Walker of Lowndes Walker of Telfair
Wilson Wooten Yandle Young
WEDNESDAY, FEBRUARY 19, 1958
1213
On the passage of the Bill, the ayes were 56, nays 60.
The Bill, having failed to receive the requisite constitutional majority, was lost.
HB 349. By Mr. Carlisle of Bibb:
A Bill to be entitled an Act to amend the Code relating to the wages of a deceased employee paid to widow without administration upon the estate of the employee; 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 Ballard Barber Barrett Baughman Birdsong Blalock of Coweta Blalock of Clayton Bodenhamer Bolton Brennan Brooks of Oglethorpe Brooks of Fulton Broome Budd Busbee Cagle Caldwell A. Campbell of
Walker W. Campbell of
Walker Carlisle Carr Carter Cheatham Cheek Coalson Crummey Denmark Dorminy
Echols Ellis Eyler Fellows Floyd Fowler of Douglas Fowler of Treutlen Frazier Gowen Griffith Grimsley Gross of Stephens Gunter Hall of Floyd Hall of Lee Harper Harrison Hawkins Hendrix Hill Hodges of Ware Hodges of Butts Hogan Holcombe Holloway Huddleston Ingle Irvin Jones of Wayne Jones of Lumpkin Jones of Laurens Jones of Crawford
Kelley Kennedy Kidd Killian Lancaster Lanier Long Mackay Mann Matthews Miles Miller Moorman Morris Moss Murphy Musgrove McGibony McKenna McWhorter Neese Newton Nichols Nilan Overby Parker of Ware Parker of Appling Payton Peters Phillips of Walton Pickett Raulerson
1214
JOURNAL OP THE HOUSE,
Reed Roberts Rogers of Heard Ross Rutland Scoggin Sheffield Smith of Whitfield Smith of Bryan Stephens Story
Summers Tabb Tamplin Tarpley Todd Twitty Underwood Veal Walker of Lowndes Walker of Telfair Watson
Wells White Willingham Wilson Wooten Wright of Floyd Wright of Dodge Yandle Young
On the passage of the Bill, the ayes were 125, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
The following Resolutions of the House were read and adopted:
HR 511. By Messrs. Payton and Blalock of Coweta and Orr of Wilkes:
A RESOLUTION
WHEREAS, the House of Representatives of this General As sembly has heretofore voted large sums of money for the purpose of developing New Echota, and
WHEREAS, this House has recently voted large sums of money for the purpose of purchasing and developing Stone Mountain Me morial Park, and
WHEREAS, this House of Representatives has also voted large sums of money for the purchase and development of other properties beneficial to the economic development of the State, and
WHEREAS, this House of Representatives is conscious of the need for the development of tourist interest in this State, and
WHEREAS, Wesleyan College was established by the Legislature of Georgia in 1836, and is the first woman's college in the world;
NOW, THEREFORE BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF THE GENERAL ASSEMBLY OF GEOR GIA THAT:
The State Properties Acquisition Committee be requested, and they are hereby requested, to investigate the feasibility and the desir ability of purchasing and restoring the original building or buildings of Wesleyan College, and the development of said property as a shrine to the womanhood of Georgia.
BE IT FURTHER RESOLVED, that said Committee be requested, and they are hereby requested, to report their findings to the General Assembly of Georgia in January 1959.
HR 512. By Messrs. Floyd of Chattooga, Scoggin of Floyd, and others: A RESOLUTION
WHEREAS, a special session of the General Assembly of Georgia
WEDNESDAY, FEBRUARY 19, 1958
1215
in 1955 did approve and pass into law a bill providing for a Veterans Home at the State Hospital in Milledgeville, Georgia, and
WHEREAS, the House of Representatives of the State of Georgia has always been generous in its praise of those rendering faithful and efficient service, and
WHEREAS, the Director of the State Department of Veterans Service, Pete Wheeler, proceeded immediately, especially to the Wash ington level, toward the end that the Veterans Home would be recog nized and approved by the Veterans Administration, and
WHEREAS, the Director, Pete Wheeler, through prompt and efficient tact and diplomacy represented his State and the veterans therein, in conferences with Congressional and Senatorial leaders, offi cials of the Veterans Administration, Director of the Bureau of Budget, Comptroller of the United States, and others, and
WHEREAS, as a result of the untiring and persistent efforts of Pete Wheeler, the Veterans Home at the Milledgeville State Hospital has been accepted by the Veterans Administration and is now in opera tion which will result in the State of Georgia receiving additional funds from the Federal Government for the operation of said Home;
THEREFORE, BE IT RESOLVED, that the House of Representa tives of Georgia in session in February, 1958, so express to Director Wheeler and his efficient staff, the gratitude and appreciation of this Body assembled for a job well accomplished, and
BE IT FURTHER RESOLVED, and ordered that an appropriate copy of this Resolution be forwarded to Director Wheeler and to each member of the Veterans Service Board.
The following Resolution of the House was read and referred to the Com mittee on Rules:
HR 513. By Messrs. Wilson, Carlisle, and McKenna of Bibb, Peters of Meriwether, and others:
A RESOLUTION
Relative to the acquisition of certain Wesleyan Conservatory property; and for other purposes.
WHEREAS, Wesleyan is the oldest chartered woman's college in the world, and
WHEREAS, portions of the property known as the Wesleyan Conservatory property should be acquired by the State for historical purposes, and
WHEREAS, it is desirable that a study be made as to the feasi bility and the desirability of obtaining such property,
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that a committee to be composed of three (3) members of the House to be appointed by the Speaker and two (2) members of the Senate to be appointed by the President is hereby created for the purpose of studying the feasibility and the desirability of acquiring all or any part of the old Wesleyan Conservatory prop-
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JOURNAL OF THE HOUSE,
erty by the State for historical purposes. Such committee shall make its report to the Governor with its recommendation prior to June 30, 1958, and upon making such report shall stand abolished. The com mittee shall be compensated for not more than five (5) working days.
The following Resolutions of the House were read and adopted:
HR 514. By Mr. Gross of Stephens:
A RESOLUTION
WHEREAS, the Order of DeMolay has as its basic purpose, the creation of standards of character and ideals of citizenship, and
WHEREAS, it is the aim of the Order of DeMolay to bring its program of character training directly to the largest possible number of young men who are destined to be outstanding citizens in their respective communities, and
WHEREAS, through various community service projects such as traffic safety, blood donations, civil defense, anti-communism and numerous other civic projects DeMolay chapters all over Georgia are working for the betterment of their respective communities, and
WHEREAS, the Associated DeMolay Chapters of Georgia will hold its annual conclave in Fitzgerald, Georgia on August 8, 9, 10, 1958 and Senator Herman Talmadge and other distinguished Geor gians will be guests at this the thirty-seventh annual meeting, and
WHEREAS, the General Assembly of the State of Georgia wishes to recognize the Order of DeMolay as a great reservoir of excellent young men approaching maturity,
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that it extends its appreciation for the magnificent service rendered to Georgia's young men and communities by the Order of DeMolay during its thirty-seven years of life in Geor gia, and
BE IT FURTHER RESOLVED that the General Assembly of the State of Georgia officially proclaims the week of August 8, 9, 10, 1958, to be "DeMolay Week" in Georgia and be duly proclaimed by the Governor of Georgia and a committee of the General Assembly of the State of Georgia be appointed to represent said body at the annual Georgia State DeMolay Conclave in August.
HR 515. By Mr. Duncan of Carroll:
A RESOLUTION
Commending Mr. John Patterson, Mr. Earl Staples and Mr. Carl Barnes of Carrollton, Georgia; and for other purposes.
WHEREAS, the Honorable John Patterson of Carrollton, Geor gia, did invent a machine to be used for servicing landing gear on airplanes, and
WHEREAS, said machine has resulted in the savings of over $300,000.00 in labor costs to Lockheed Aircraft Corporation, and
WEDNESDAY, FEBRUARY 19, 1958
1217
WHEREAS, said machine may now be used by other aircraft manufacturers and users and will result in the saving of millions of man hours in labor, and
WHEREAS, it would have been impossible for Mr. Patterson to have devised and made his machine without the close co-operation of his assistants, the Honorable Earl Staples and the Honorable Carl Barnes of Carrollton, and
WHEREAS, Mr. Patterson, Mr. Staples and Mr. Barnes are now operating the Patterson Strut Servicing and Tool Corporation in Carrollton, and
WHEREAS, it is only fitting and proper that some official recog nition should be made of this achievement on the part of Georgians,
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF GEORGIA that the Honorable John Pat terson, the Honorable Earl Staples and the Honorable Earl Barnes of Carrollton, Georgia, are hereby commended and congratulated for their fine and wonderful work in devising the machine to be used for the servicing of landing gear on airplanes.
BE IT FURTHER RESOLVED that this body hereby expresses its best wishes and hopes for a prosperous future for the aforesaid individuals.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby directed to transmit a copy of this Resolu tion to the aforesaid mentioned individuals.
The following Resolutions of the House were read and referred to the Committee on Rules:
HR 516. By Messrs. Hawkins of Screven and Russell of Barrow:
A RESOLUTION
Relating to income tax settlements for members of the Depart ment of Public Safety; and for other purposes.
WHEREAS, State Troopers of the Department of Public Safety receive a statutory subsistence allowance in lieu of meals under the provisions of Georgia law relating to the Department of Public Safety, and
WHEREAS, it was thought by everyone concerned that such sub sistence allowances were not taxable under the provisions of the Fed eral Income Tax Law, and
WHEREAS, the Federal Commissioner of Internal Revenue called upon such Troopers to pay taxes on such subsistence allowances, and in the case of Magness v. Commissioner of Internal Revenue the Su preme Court of the United States has refused to grant certiorari which in effect upheld the ruling of the United States Court of Appeals for the Fifth Circuit that such subsistence allowances were taxable, and
WHEREAS, this has placed a tremendous burden upon those Troopers involved, due to the fact that no taxes were paid thereon, and
1218
JOURNAL OF THE HOUSE,
WHEREAS, the State of Georgia should have withheld funds from the pay of such Troopers in order to pay such taxes,
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Attorney General of Georgia, in co-operation with the attorneys representing the Troopers in the afore said case, is hereby authorized to negotiate with the Federal Govern ment and the Commissioner of Internal Revenue thereof in an attempt to reach a settlement in the aforesaid case, and is hereby authorized to handle all details in connection therewith. In the event an agree ment is reached, the Governor is hereby authorized and directed, as Director of the Budget Bureau, to provide the funds necessary for such settlement not to exceed $250,000.00, and the Governor and the Attorney General are hereby authorized to provide the method and means whereby such funds may be used as provided herein.
HR 517. By Messrs. Matthews of Clarke, Murphy of Haralson, and others:
A RESOLUTION
Creating a committee to study the Family Court Plan and other matters relative to domestic relations; and for other purposes.
WHEREAS, a committee of the House made a study of juvenile court matters and made a report thereof to the General Assembly at the 1958 Session; and
WHEREAS, there is a need for a study to be made relative to the Family Court Plan and other matters relative to domestic relations;
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created a committee to be composed of five members of the House, to be named by the Speaker, to make a study of the aforesaid matters. Said committee shall re ceive the compensation, per diem, allowances and expenses authorized for interim committees. The committee is authorized to employ clerical help to assist it in the performance of its duties and to purchase such supplies and materials as deemed advisable. The committee shall make a report of its findings to the 1959 Session of the General As sembly on or before January 15, 1959, and the committee shall stand abolished as of that date. The committee shall be limited to fifteen (15) working days for the purpose of its study.
Mr. Hawkins of Screven 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.
THURSDAY, FEBRUARY 20, 1958
1219
Representative Hall, Atlanta, Georgia. Thursday, February 20, 1958.
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 Charles A. Martin, Pastor of the First Baptist Church, Homerville, Georgia.
The roll was called and the following members answered to their names:
Adams Alien Bagby Ballard Barber Barrett Baughman Birdsong Black Blalock of Clayton Bodenhamer Brackin Brennan Brooks of Oglethorpe Brooks of Fulton Broome Budd Busbee Cagle Caldwell Callier A. Campbell of
Walker W. Campbell of
Walker Carlisle Carr Carswell Carter Chastain Cheatham Cheek Cloud Coalson Cocke Cowart Craven Denmark Dorminy Duncan Echols Ellis Eyler Fellows Floyd
Flynt Fordham Fowler of Douglas Fowler of Treutlen Frazier Fuqua Gowen Green of Rabun Griffith Grimsley Gross of Stephens Gross of Dade Hall of Floyd Hall of Lee Hardaway Harper Harrison Hawkins Helms Henderson Hill Hodges of Ware Hodges of Butts Hogan Holcombe Holley Holloway Huddleston Hurst Ingle Irvin Jessup Johnson Jones of Wayne Jones of Worth Jones of Lumpkin Jones of Baker Jones of Laurens Jones of Sumter Jones of Crawford Kelley Kennedy Key Kidd Killian
King-
Lam Lancaster Land Lanier Larkins Lee Lindsey Lokey Long Mann Martin Matthews Miles Miller of Twiggs Miller of Elbert Mobley Moorman Morris Moss Murphy Murr Musgrove McClelland McCracken McGibony McKenna McWhorter Neese Newton Nichols Odom Orr Overby Palmer Parker of Pike Parker of Ware Parker of Appling Payton Pelham Perkins Perry Peters Pettey Phillips of Columbia
1220
JOURNAL OF THE HOUSE,
Phillips of Walton Pickett Ramsey Raulerson Ray Reed Roberts
Rodgers of Charlton Ross Rowland Scoggin Singer
Sivell
Smith of Emanuel Smith of Lamar
Smith of Fulton Smith of Whitfield Smith of Bryan Souter Stephens Story Summers
Tabb Tamplin Tarpley Taylor Todd
Twitty
Underwood Veal
Walker of Lowndes Walker of Telfair Watson Weems Wells White Willingham
Wilson Winkle Wooten Wright of Floyd Wright of Dodge
Yandle
Mr. Black of Webster, Chairman of the Committee on Auditing, Enrolling & Engrossing, 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. 2. First reading and reference of House Bills and Resolutions.
3. Reports of Standing Committees.
4. Second reading of Bills and Resolutions. 5. Third reading and passage of local Bills and general Bills with local
application. 6. First reading and reference of Senate Bills and Resolutions.
By unanimous consent, the following committee reports were submitted and read:
Mr. Bodenhamer of Tift County, Chairman of the Committee on Education, submitted the following report:
Mr. Speaker:
Your Committee on Education 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 237. Do Pass as amended.
Respectfully submitted,
Bodenhamer of Tift,
Chairman.
THURSDAY, FEBRUARY 20, 1958
1221
Mr. Bodenhamer of Tift County, Chairman of the Committee on Education, submitted the following report:
Mr. Speaker:
Your Committee on Education 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 236. Do Pass. Respectfully submitted,
Bodenhamer of Tift,
Chairman.
Mr. Underwood of Montgomery County, Vice-Chairman of the Committee on Local Affairs, submitted the following report:
Mr. Speaker:
Your Committee on Local Affairs has had under consideration the follow ing Bills and Resolution of the Senate and has instructed me as Vice-Chairman, to report the same back to the House with the following recommendations:
SB 314. Do Pass. SB 289. Do Pass as amended. SR 149. Do Pass.
Respectfully submitted, Underwood of Montgomery, Vice-Chairman.
Mr. Holcombe of Cobb County, Acting Chairman of the Committee on Local Affairs, submitted the following report:
Mr. Speaker:
Your Committee on Local Affairs has had under consideration the fol lowing Bill of the Senate and has instructed me as Acting Chairman, to report the same back to the House with the following recommendation:
SB 29. Do Pass as amended.
Respectfully submitted,
Holcombe of Cobb,
Acting 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-
1222
JOURNAL OF THE HOUSE,
ing Bill of the Senate and has instructed me as Chairman, to report the same back to the House with the following recommendation:
SB 188. Do Pass as amended. Respectfully submitted, Jones of Lumpkin, Chairman.
Mr. Hawkins of Screven County, Vice-Chairman of the Committe on Rules, submitted the following report:
Mr. Speaker:
Your Committee on Rules has had under consideration the following Reso lutions of the House and Senate and has instructed me as Vice-Chairman, to report the same back to the House with the following recommendations:
HR 503. Do Pass. SR 150. Do Pass. HR 513. Do Pass. SR 138. Do Pass.
Respectfully submitted, Hawkins of Screven, Vice-Chairman.
Mr. Overby of Hall County, Chairman of the Committee on State of Republic, submitted the following report:
Mr. Speaker:
Your Committee on State of Republic, has had under consideration the following Bill and Resolutions of the Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
SB 298. Do Pass. SR 151. Do Pass. SR 126. Do Pass.
Respectfully submitted, Overby of Hall, Chairman.
Mr. Willingham of Cobb 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
THURSDAY, FEBRUARY 20, 1958
1223
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 315. Do Pass. Respectfully submitted, Willingham of Cobb, Vice-Chairman.
By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time:
HB 1178. By Messrs. Chastain and Willis of Thomas:
A Bill to be entitled an Act to amend an Act pertaining to the right of condemnation, etc. by power companies or individuals so as to pro vide that a power company or individual may not exercise the right of eminent domain without the express approval of the Georgia Public Service Commission; and for other purposes.
HR 509-1178a. By Mr. Bradley of Bartow: A Resolution to compensate W. 0. Cagle, Jr.; and for other purposes.
SB 212. By Senators Brown of the 52nd and Pound of the 20th:
A Bill to be entitled an Act to provide for the self-government of municipalities; and for other means.
SB 277. By Senator Crawford of the 1st:
A Bill to be entitled an Act to provide that principal contractors are civilly responsible for injuries and damages by negligence of his inde pendent sub-contractors under certain conditions; and for other pur poses.
SB 299. By Senator Crawford of the 1st:
A Bill to be entitled an Act to amend Section 27-2501 of the Code of Georgia relating to punishment of felonies so as to prescribe those felonies for which punishment may not be reduced to misdemeanors; and for other purposes.
By unanimous consent, the following Bills and Resolutions of the House and Senate, favorably reported, were read the second time:
SB 29. By Senators Brown of the 52nd and Sammon of the 34th:
A Bill to be entitled an Act to amend an Act regulating primary elections in certain municipalities; and for other purposes.
HR 503. By Messrs. Hawkins of Screven, Miller of Douglas and Love of Catoosa:
A Resolution creating a committee to investigate proposed additional charges to be placed on certain students at the University of Georgia; and for other purposes.
1224
JOURNAL OF THE HOUSE,
HE 513. By Messrs. Wilson, and McKenna of Bibb, Carswell of Burke and many others:
A Resolution relative to the acquisition of certain Wesleyan Conserva tory property; and for other purposes.
SR 150. By Senator Hawes of the 30th:
A Resolution relative to the Mental Health Study Committee; and for other purposes.
SR 149. By Senator Cox of the 50th:
A Resolution proposing an amendment to the Constitution so as to provide that the governing authority of Clarke Co. may establish a water, sanitation, sewerage and fire protection district in said County; and for other purposes.
SR 151. By Senators Crawford of the 1st, Hill of the 54th and Brannen of the 14th:
A Resolution to continue a committee created to investigate charges made concerning the Workmen's Compensation Board; and for other purposes.
SB 298. By Senator Kelley of the 10th:
A Bill to be entitled an Act to amend the Act relating to the State Board of Accountancy; and for other purposes.
SB 314. By Senator Newman of the 38th:
A Bill to be entitled an Act to change the salary of the Commissioner of Roads and Revenues for Haralson County; and for other purposes.
SB 315. By Senator Dunn of the 8th: A Bill to be entitled an Act to provide for the distribution of the $250,000.00 bonus for the first Oil Well in 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 1177. By Mr. Rowland of Johnson: A Bill to be entitled an Act to repeal an Act establishing the City Court of Wrightsville; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 103, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
THURSDAY, FEBRUARY 20, 1958
1225
SB 123. By Senator Brown of the 52nd: A Bill to be entitled an Act to provide how tax returns shall be made and how digests shall be prepared in certain counties; and for other purposes.
The report of the committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 103, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
SB 287. By Senator Paris of the 27th: A Bill to be entitled an Act to create and establish a Joint Airport Authority 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 103, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
SB 295. By Senator Paris of the 27th: A Bill to be entitled an Act to amend an Act providing 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 103, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
SB 304. By Senator Williams of the 51st:
A Bill to be entitled an Act to amend an Act incorporating the Town of Warner Robins; and for other purposes.
The following committee substitute was read and adopted:
A BILL
To be entitled an Act to amend an Act incorporating the munici pality of Warner Robins, approved March 5, 1943 (Ga. Laws 1943, p. 1624), as amended, particularly by an Act approved February 23, 1956 (Ga. Laws 1956, p. 2510), so as to designate said municipal cor poration as the "City of Warner Robins"; to change the terms of office of the mayor and councilmen of said city; to provide for the filling of vacancies in the office of the mayor or councilmen; to provide an effective date; to repeal conflicting laws; and for other purposes.
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JOURNAL OF THE HOUSE,
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. An Act incorporating the municipality of Warner Robins, approved March 5, 1943 (Ga. Laws 1943, p. 1624), as amended, particularly by an Act approved February 23, 1956 (Ga. Laws 1956, p. 2510), is hereby amended by striking Section 1 in its entirety and in lieu thereof inserting the following:
"Section 1. A new municipality be and the same is hereby created to be known as the "City of Warner Robins", to have per petual existence, power to sue and be sued, plead and be impleaded, to have and use a common seal, to hold, possess, lease, sell, or otherwise dispose of property within or without the limits of said city, to borrow money, to fully contract respecting municipal af fairs, and to do all and every lawful act relating to its creation and existence as a municipal corporation of this State."
Section 2. Said Act is further amended so as to designate said municipal corporation as the "City of Warner Robins", it being the express intent of this amendment to change the name of said corpora tion to the "City of Warner Robins".
Section 3. Said Act is further amended by striking from Section 5 the paragraph that reads:
"An election for mayor and six (6) councilmen shall be held on the Tuesday after the first Monday in November, 1956, and every four (4) years thereafter on the same day, and the hours for voting shall be as prescribed by the mayor and council, an nounced at least ten (10) days before the holding of such election. The mayor and councilmen hereafter elected shall serve in their respective offices until their successors are elected and qualified. The present elected officials of said municipality shall continue in office until their present terms expire and until their successors are elected and qualified."
and inserting in lieu thereof the following:
"An election for mayor and six (6) councilmen shall be held on the Tuesday after the first Monday in November, 1960, and every two (2) years thereafter on the same day, and the hours for voting shall be prescribed by the mayor and council, announced at least ten (10) days before the holding of such election. The mayor and councilmen hereafter elected shall serve in their respec tive offices for a term of two (2) years and until their successors are elected and qualified. The present elected officials of said municipality shall continue in office until their present terms expire and until their successors are elected and qualified."
Section 4. Nothing contained in this Act shall reduce or shorten the term of the incumbent mayor and councilmen. It is the intent and purpose of this Act to change the term of the mayor and councilmen from four to two years after the expiration of the term of the incum bent mayor and councilmen.
Section 5. Said Act is further amended by striking Section 6 in its entirety and in lieu thereof inserting the following:
"Section 6. In the event of any vacancy in the office of mayor
THURSDAY, FEBRUARY 20, 1958
1227
or councilmen by death, resignation, or for any other cause other than the expiration of a term of office, such vacancy or vacancies shall be filled by a special election to be held within thirty days after such vacancy occurs and in such event the mayor or councilmen as the case may be after taking oath, shall take office im mediately.
"The mayor and councilmen shall hold regular and open meet ings on the first Monday of each calendar month and call meetings at such times as is necessary to conduct the affairs of said city."
Section 6. All laws and parts of laws in conflict with this Act are hereby repealed.
The report of the committee which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 103, nays 0.
The Bill, having received the requisite constitutional major-'ty, was passed, by substitute.
SB 301. By Senator Roper of the 41st:
A Bill to be entitled an Act to amend an Act creating a new charter for the Town of Nelson; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 103, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
SB 306. By Senator Jackson of the 21st:
A Bill to be entitled an Act to amend an Act creating a Board of Commissioners of Roads and Revenues for Jones County; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 103, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
SB 308. By Senator Sanders of the 18th:
A Bill to be entitled an Act to provide that employees of the Ordinary of certain counties, with the exception of the Clerk of the Courts of Ordinary, shall be Deputy Clerks of the Court of Ordinary; and for other purposes.
1228
JOURNAL OF THE HOUSE,
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 103, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
SB 313. By Senator Paris of the 27th:
A Bill to be entitled an Act to amend an Act providing the 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 103, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
SB 289. By Senator Crawford of the 1st:
A Bill to be entitled an Act to amend an Act incorporating the Town of Thunderbolt; and for other purposes.
The following amendment was read and adopted:
Messrs. Cheatham, Eyler and Brennan of Chatham move to amend SB 289 as follows:
1. By inserting in the caption, after the words, "to provide the method of appeal from said court", the following words:
"to provide that this Act shall not take effect until January 1, 1959 and until approved by a majority of the voters voting in a refer endum called by the Mayor and Council of Thunderbolt".
2. By renumbering Section 4 in said Act, to Section 5 and insert ing a new Section 4 as follows:
"This Act shall not take effect until January 1, 1959 and until it has been approved by a majority of the voters voting in a referendum called by the Mayor and Council of the City of Thunderbolt for the purpose of approving this Act".
The report of the committee which was favorable to the passage of the Bill, was agreed to, as amended.
On the passage of the Bill, as amended, the ayes were 103, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker: The Senate has adopted by the requisite constitutional majority the follow
ing Resolutions of the Senate to wit:
THURSDAY, FEBRUARY 20, 1958
1229
SR 153. By Senator Foster of the 26th:
A Resolution requesting the Governor to issue a proclamation designat ing October 31st of each year as Youth Honor Day; and for other purposes.
The following Resolutions of the House and Senate were read and adopted:
SR 153. By Senator Foster of the 26th:
A Resolution requesting the Governor to issue a proclamation desig nating October 31st of each year as Youth Honor Day; and for other purposes.
HR 518. By Messrs. Nilan of Muscogee, Brooks of Fulton, and McKenna of Bibb:
A RESOLUTION
Relative to an interim committee to study private employment agencies; and for other purposes.
WHEREAS, the effect of private employment agencies on the em ployment conditions of this State is of vital concern to the members of the General Assembly and to the State at large; and
WHEREAS, there has been divergent legislation offered during this past session and no compromise indicated for the regulation of such agencies; and
WHEREAS, it is desirable that legislation be affected during 1959 and that the members of the General Assembly have full knowl edge of the facts involved by an unbiased study and review of all factors; and
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that an interim committee is hereby created to study private employment agencies. Such committee shall be com posed of five members of the House of Representatives, to be desig nated by the Speaker of the House. Such committee shall make a thorough study of private employment agencies and make its findings and recommendations known to the next session of the General Assem bly. Such committee shall make its report prior to January 1, 1959. The committee is authorized to hold hearings and to do any and all things necessary to execute the purposes of this Resolution. It shall be the duty of the Attorney General, or some member of his staff designated by him, to render legal services to the committee necessary in the drafting of recommended legislation and to aid and assist the committee in the performance of its duties. The committee shall be compensated for not more than five (5) working days.
The following Resolutions of the House were read the second time and adopted:
HR 493. By Messrs. Souter of Macon and Brooks of Oglethorpe:
A Resolution to authorize a sub-committee of the State Institutions and Property Committee to inspect the State Institutions and property
1230
JOURNAL OF THE HOUSE,
owned and/or operated by the State of Georgia; and for other pur poses.
HR 513. By Messrs. Wilson, Carlisle of Bibb, Rowland of Johnson, Carswell and Mobley of Burke; and many others:
A Resolution relative to the acquisition of certain Wesleyan Conserva tory property; and for other purposes.
The following Bills of the House were taken up for the purpose of con sidering the Senate amendments thereto:
HB 1067. By Messrs. Smith, Brooks and McClelland of Fulton:
A Bill to be entitled an Act to amend an Act to provide a pension and retirement pay to teachers and employees of the Board of Education in Fulton County; and for other purposes.
The following Senate amendment was read:
The Committee on County and Municipal Government moves to amend HB 1067 in the following particular: Section 1. By adding a new section to be known as Section No. 5, to read as follows:
SECTION 5. The Board of Trustees shall permit any officer or employee who is eligible for pension benefits or increased pension benefits under this Act as amended and who is not now making the required contributions for such benefits, to become a member of such pension fund and to participate in the increased benefits provided by this Act as amended provided such officer or employee shall pay into the pension funds of such City an amount which would be equal to the amounts which he would have been required to pay had he exer cised his privileges upon becoming eligible for such benefits. These payments shall be increased by 4% per annum from the dates such payments would have been due and may be paid over a period of fifty months. The Board of Trustees shall by rules provide for the exercise of the options herein authorized.
(2) By renumbering Sections 5 and 6 so as to make said sections 6 and 7 respectively, so that when renumbered all sections shall be numbered consecutively.
Mr. Smith of Fulton moved that the House agree to the Senate amendment.
On the motion to agree, the ayes were 106, nays 0.
The Senate amendment to HB 1067 was agreed to.
HB 883. By Messrs. Jones of Laurens, Rowland of Johnson, Miller of Twiggs, Hogan of Laurens and Fowler of Treutlen:
A Bill to be entitled an Act placing the Solicitor-General of the Dublin Judicial Circuit on a salary basis; and for other purposes.
The following Senate amendment was read:
THURSDAY, FEBRUARY 20, 1958
1231
Senator Gillis of the 16th moves to amend HB 883 as follows:
1. By striking the words and figures "fifty-seven hundred ($5700.00) dollars" and by inserting in lieu thereof the words and figures "five thousand two hundred eighty ($5,280.00) dollars."
2. By striking the words and figures "Treutlen County shall pay nine hundred ($900.00) dollars per annum." Wherever the same ap pears and by inserting in lieu thereof the words and figures "Treutlen County shall pay four hundred eighty ($480.00) dollars per annum."
Mr. Jones of Laurens moved that the House agree to the Senate amend ment.
On the motion to agree, the ayes were 106, nays 0.
The Senate amendment to HB 883 was agreed to.
HB 782. By Mr. Bagby of Paulding:
A Bill to be entitled an Act to amend an Act relating to compensation for injuries; and for other purposes.
The following Senate amendment was read:
The Committee on Industry and Labor moves to amend HB 782 by striking from Section I of said Bill the words "75 weeks" and sub stituting in lieu thereof the words "50 weeks", so that Section I, as amended, will read as follows:
"(r) Complete loss of hearing in one ear, 60 per centum of the average weekly wages during 50 weeks."
Mr. Bagby of Paulding moved that the House agree to the Senate amend ment.
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 Bagby Ballard Barrett Baughman Birdsong Black Blalock of Coweta Blalock of Clayton Brackin Bradley Brennan Brooks of Fulton Burkhalter Busbee
Cagle Caldwell Callier A. Campbell of
Walker W. Campbell of
Walker Carswell Carter Chastain Cheatham Cheek Coalson Cowart Craven Dorminy
Duncan Echols Elder Ellis Eyler Pordham Gowen Greene of Bartow Griffith Grimsley Gross of Stephens Gross of Bade Hall of Floyd Hall of Lee Hardaway Harper
1232
JOURNAL OF THE HOUSE,
Harrison Henderson Hill Hodges of Ware Hodges of Butts Hogan Holcombe Holley Hurst Ingle Irvin Johnson Jones of Wayne Jones of Worth Jones of Lumpkin Jones of Laurens Jones of Sumter Jones of Crawford Kelley Kennedy Key Kidd Lam Lancaster Land Larkins Lee
Lokey Long Lott Martin Matthews Miller of Elbert Mobley Moorman Moss Murphy Musgrove McGibony Neese Newton Nichols Odom Overby Palmer Parker of Pike Parker of Ware Parker of Appling Pelham Perkins Peters Pickett Raulerson Ray
Reed Rogers of Heard Ross Rowland Scoggin Singer Sivell Smith of Emanuel Smith of Lamar Smith of Whitfield Smith of Bryan Story Tamplin Taylor Twitty Underwood Veal Walker of Lowndes Walker of Telfair Watson Wells Willingham Willis Winkle Wright of Dodge Yandle
On the motion to agree, the ayes were 126, nays 0.
The Senate amendment to HB 782 was agreed to.
The following report of the Committee on Rules was read and adopted:
MR. SPEAKER:
February 20, 1958
Your Committee on Rules met and fixed a Calendar for today's business, Thursday, February 20, 1958 and submits the following:
SB 241. Antique Autos, tags
SB 37. Laws of descent, person entitled to property
SR 116. Farmers Market.
SR 117. Hog Cholera
SR 118. Livestock slaughter
SB 227. Tax, cigars and cigarettes
SB 243. Agricultural Commodities Act
SB 239. Tax Receivers, duties
SB 240. Tax Collectors, rounds
SB 222. Real estate brokers
THURSDAY, FEBRUARY 20, 1958
1233
SB 218. Retirement, Jekyll Island employees SB 257. Workmen's Comp. Brd. Dir. Emeritus SB 186. Solicitor General Emeritus SB 256. Pipe lines under rights-of-way SB 213. Dynamite cap, minor SB 180. Corporations, meetings SB 297. Board of Corrections, Directors SB 219. Highway Dept. reimburse Law Dept. SB 248. Recreation Commission SB 229. Ga. Bureau of Investigation, agents SR 130. Jim Woodruff Reservoir SR 120. Convey land, Donalsonville HR 503. Creating a Committee to investigate charges to University students SB 255. Commission on Alcoholism SB 187. Garnishment, wage exemptions SB 275. Oysters, dredging SB 208. Summary judgments SB 183. Divorce, alimony, procedure SB 207. Literature, obscene SB 273. Divorce, publication SB 211. Marriage Bill
Under the order of business established by the Committee on Rules, the following Bill of the Senate was taken up for consideration and read the third time:
SB 241. By Senator Foster of the 26th:
A Bill to provide for issuance by State Revenue Commissioner of special license plates for antique automobiles; 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:
1234
JOURNAL OF THE HOUSE,
Those voting in the affirmative were Messrs.:
Adams Alien Ballard Barber Baughman Birdsong Black Blalock of Coweta Blalock of Clayton Boggs Brackin Bradley Brooks of Oglethorpe Broome Budd Busbee Cagle Caldwell Callier Carr Carter Cheek Cloud Cocke Craven Crummey Denmark Duncan Echols Elder Ellis Eyler Flynt Fordham Fowler of Douglas Fowler of Treutlen Frazier Fuqua Green of Rabun Greene of Bartow Griffith Grimsley Gross of Stephens Gross of Dade Gunter Hall of Floyd
Hall of Lee Hardaway Harper Harrison Helms Henderson Hendrix Hill Hodges of Ware Hodges of Lee Hogan Holcombe Holloway Hurst Ingle Jessup Johnson
Jones of Wayne Jones of Worth Jones of Lumpkin Jones of Baker Jones of Laurens Jones of Sumter Jones of Crawford Kelley Key Kidd Lam Lancaster Land Lanier Larkins Lee Lokey Long Love Mann Matthews Moorman Moss Murphy Murr Musgrove McGibony Neese Newton
Nichols Parker of Pike Paker of Ware Parker of Appling Pelham Perkins Perry Peters Phillips of Walton Pickett Raulerson Reed Rodgers of Charlton Rogers of Heard Rowland Rutland Scoggin Singer Sivell Smith of Emanuel Smith of Fulton Smith of Whitfield Souter Story Summers Tabb Tamplin Tarpley Taylor Twitty Underwood Veal Walker of Lowndes Walker of Telfair Wells White Willingham Willis Wilson Winkle Wooten Wright of Floyd Wright of Dodge Yandle
On the passage of the Bill, the ayes were 137, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
The following Resolution of the House was taken up for the purpose of considering the Senate amendment thereto:
THURSDAY, FEBRUARY 20, 1958
1235
HR 184-567a. By Mr. Miles of Richmond:
A Resolution to compensate Freddie Youngblood; and for other pur poses.
The following Senate amendment was read:
The Senate Committee on Appropriations moves to amend HR 184-567a by striking the figures "$171.40" and by submitting in lieu thereof the figures "112.40".
Mr. Miles of Richmond moved that the House agree to the Senate amend ment.
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 Ballard Barber Baughman Birdsong Black Blalock of Coweta Boggs Brackin Bradley Brennan Brooks of Oglethorpe Broome Budd Busbee Cagle Caldwell Callier A. Campbell of
Walker W. Campbell of
Walker Cheek Cowart Craven Crummey Duncan Echols Elder Ellis Eyler Flynt Fordham Fowler of Douglas Frazier Fuqua Green of Rabun
Griffith Grimsley Gross of Stephens Gross of Dade Gunter Hall of Floyd Hall of Lee Hardaway Harper Harrison Helms Henderson Hodges of Butts Hogan Holcombe Hollo way Hurst Ingle Jessup Johnson Jones of Wayne Jones of Worth Jones of Baker Jones of Laurens Jones of Sumter Jones of Crawford Kelley Kennedy Key Kidd Lam Lancaster Land Larkins Lokey Long Lott Love
Matthews Miller of Elbert Moorman Moss Murr Musgrove McCracken McGibony Neese Newton Nichols Parker of Pike Parker of Ware Parker of Appling Pelham Perkins Perry Peters Phillips Pickett Ramsey Raulerson Reed Rodgers of Charlton Rogers of Heard Rowland Rutland Scoggin Singer Sivell Smith of Emanuel Smith of Fulton Smith of Whitfield Smith of Bryan Story Summers Tabb
Tamplin
1236
JOURNAL OP THE HOUSE,
Tarpley Twitty Underwood Veal Walker of Lowndes
Walker of Telfair Wells White Willingham Willis
Winkle Wooten Wright of Floyd Wright of Dodge Yandle
On the motion to agree, the ayes were 127, nays 0.
The Senate amendment to HR 184-567a was agreed to.
Under the order of business established by the committee on Rules, the fol lowing Bill of the Senate was again taken up for consideration:
SB 37. By Senators Trotters of the 37th and Langdale of the 6th:
A Bill to be entitled an Act to provide for an adjudication of the identity of persons entitled to take property under the laws of descent and distribution of this 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 roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Alien Barber Barrett Baughman Black Blalock of Clayton Bodenhamer Boggs Bradley Brennan Brooks of Oglethorpe Broome Busbee Cagle Caldwell A. Campbell of
Walker W. Campbell of
Walker Carlisle Carr Cheatham Cheek
Cloud Coalson Cocke Cowart Craven Denmark Duncan Echols Ellis Eyler Fellows Flynt Fordham Fowler of Douglas Frazier Fuqua Gowen Greene of Bartow Griffith Grimsley Gross of Stephens Gross of Dade Gunter Hall of Floyd
Hall of Lee Hardaway Harrison Hawkins Helms Henderson Hill Hodges of Ware Hodges of Butts Hogan Holloway Hurst Ingle Irvin Johnson Jones of Wayne Jones of Worth Jones of Baker Jones of Laurens Jones of Sumter Jones of Crawford Kelley Kennedy Key
THURSDAY, FEBRUARY 20, 1958
1237
Kidd Killian King Lam Lancaster Land Lanier Larkins Lee Lindsey Lokey Long Love Mackay Mann Martin Matthews Miller of Elbert Moorman Moss Murphy McCracken McGibony
Neese Newton Nichols Nilan Orr Overby Palmer Parker of Ware Pelham Perkins Phillips of Columbia Phillips of Walton Pickett Ramsey Ray Reed Roberts Rodgers of Charlton Rogers of Heard Rowland Russell Rutland Scoggin
Singer Smith of Emanuel Smith of Whatfield Souter Story Summers Tabb Tarpley Taylor Twitty Underwood Veal Walker Wells White Wilson Winkle Wooten Wright of Floyd Wright of Dodge Yandle Young
On the passage of the Bill, the ayes were 138, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
Under the order of business established by the Committee on Rules, the following Bill and Resolutions of the Senate were taken up for consideration and read the third time:
SR 116. By Senators Garrett of the 53rd, Langdale of the 6th and Gillis of the 16th:
A Resolution relative to the improvement of the State Farmers' Market; 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 Ballard Barber Baughman
Birdsong Black Blalock of Clayton Bodenhamer Boggs
Bradley Brennan Brooks of Oglethorpe Broome Busbee
1238
JOURNAL OP THE HOUSE,
Cagle A. Campbell of
Walker W. Campbell of
Walker Carr Carswell Cheatham Cheek Cloud Coalson Cocke Cowart Craven Denmark Dorminy Duncan Ellis Eyler Fowler of Douglas Fowler of Treutlen Frazier Fuqua Gowen Green of Rabun Greene of Bartow Griffith Gross of Stephens Gunter Hall of Floyd Hall of Lee Hardaway Harrison Hawkins Helms Henderson Hill Hodges of Ware Hodges of Butts Hogan Holcombe
Holloway Ingle Irvin Johnson Jones of Wayne Jones of Lumpkin Jones of Laurens Jones of Sumter Kelley Kennedy Key Killian King Lam Lancaster Land Lanier Larkins Lee Lokey Love Mackay Mann Matthews Miller of Elbert Mobley Moorman Moss Murphy Musgrove McCracken McGibony Neese Newton Nichols Nilan Overby Palmer Parker of Ware Parker of Appling Payton
Pelham Perkins Pettey Phillips of Columbia Phillips of Walton Ramsey Ray Reed Roberts Rodgers of Charlton Rogers of Heard Rowland Russell Rutland Scoggin Singer Sivell Smith of Emanuel Smith of Whitfield Souter Story Summers Tabb Tamplin Tarpley Taylor Twitty Underwood Veal Walker of Lowndes Walker of Telfair Watson White Willis Winkle Wooten Wright of Floyd Wright of Dodge Yandle Young
On the adoption of the Resolution, the ayes were 135, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
SR 117. By Senators Garrett of the 53rd, Stafford of the 47th and Deen of the 46th: A Resolution relative to hog cholera eradication; and for other pur poses.
The previous question was ordered.
The rna'n question was ordered.
THURSDAY, FEBRUARY 20, 1958
1239
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:
Adams Alien Bagby Barber Baughman Birdsong Black Blalock of Clayton Bodenhamer Boggs Brackin Bradley Brennan Brooks of Oglethorpe Brooks of Fulton Broome Cagle Carswell Cheatham Cloud Coalson Cocke Cowart Craven Dorminy Duncan Eyler Fellows Fowler of Douglas Fowler of Treutlen Frazier Fuqua Gowen Green of Rabun Greene of Bartow Griffith Grimsley Gross of Stephens Gunter Hall of Floyd Hall of Lee Hardaway Harper Harrison Hawkins Helms
Henderson Hill Hodges of Ware Hodges of Butts Huddleston Ingle Irvin Johnson Jones of Wayne Jones of Worth Jones of Lumpkin Jones of Baker Jones of Laurens Jones of Sumter Kelley Kennedy Key Kidd Killian King Lam Lancaster Land Lanier Lee Lindsey Lokey Long Lott Love Mackay Mann Martin Matthews Miller of Elbert Mobley Moorman Moss Mull Murphy Murr Musgrove McGibony Newton Nichols Nilan
Overby Palmer Parker of Ware Parker of Appling Payton Pelham Perkins
Pettey Phillips of Columbia Phillips of Walton Pickett Ramsey Ray Reed Roberts Rodgers of Charlton Rogers of Heard Rowland Russell Rutland Scoggin Singer Sivell Smith of Emanuel Smith of Fulton Smith of Whitfield Souter Story Summers Tabb Tarpley Taylor Twitty
Underwood Veal Walker of Lowndes Walker of Telfair Watson White Wilson Winkle Wooten Wright of Floyd Wright of Dodge Yandle Young
On the adoption of the Resolution, the ayes were 138, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
1240
JOURNAL OF THE HOUSE,
SR 118. By Senators Garrett of the 53rd, Stafford of the 47th and Been of the 46th:
A Resolution relative to the inspection of livestock slaughtered in this 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 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 Ballard Barber Barrett Baughman Birdsong Black Blalock of Coweta Bodenhamer Brackin Bradley Brooks of Oglethorpe Broome Cagle Carlisle Carr Carswell Cheatham Cheek Cloud Coalson Cocke Cowart Craven Duncan Eyler Fellows Fordham Fowler of Douglas Fowler of Treutlen Frazier Gowen Green of Rabun Greene of Bartow Griffith Grimsley
Gross of Stephens Gunter Hall of Floyd Hall of Lee Hardaway Harper Harrison Hawkins Helms Henderson Hill Hodges of Ware Hodges of Butts Huddleston Ingle Irvin Johnson Jones of Wayne Jones of Worth Jones of Laurens Jones of Sumter Kelley Kennedy Key Kidd Killian King Lam Lancaster Land Lanier Lokey Lott Love Mackay Mann Martin
Matthews Miller of Elbert Mobley Moorman Moss Mull Murphy Murr
Musgrove McCracken McGibony Newton Nichols Nilan Palmer Parker of Ware Parker of Appling Pelham Perkins Pettey Phillips of Columbia Phillips of Walton Pickett Ramsey Ray Roberts Rogers of Heard Rowland Russell Rutland Scoggin Singer Sivell Smith of Emanuel Smith of Whitfield
Souter Story
THURSDAY, FEBRUARY 20, 1958
1241
Summers Tabb Tamplin
Tarpley Taylor Todd Twitty
Underwood Veal Walker of Lowndes
Watson White Wilson Winkle
Wooten Wright of Ployd Wright of Dodge
Yandle Young
On the adoption of the Resolution, the ayes were 130, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
SB 227. By Senators Garrett of the 53rd and Deen of the 46th:
A Bill to be entitled an Act relating to the taxing of cigars, cigarettes, little cigars, cheroots and stogies; 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.:
Adams Alien Ballard Barber Baughman Birdsong Black Blalock of Coweta Bodenhamer Bolton Brackin Bradley Brennan Brooks of Fulton Broome Cagle Carlisle Carr Carter Cheatham Cheek Cloud Coalson Cocke Cowart
Craven Dorminy Duncan Eyler Fellows Fordham Fowler of Douglas Fowler of Treutlen Frazier Gowen Green of Rabun Greene of Bartow Griffith Grimsley Gross of Stephens Hall of Floyd Hall of Lee Hardaway Harper Harrison Hawkins Henderson Hill Hodges of Ware Huddleston
Ingle Irvin Johnson Jones of Wayne Jones of Worth Jones of Laurens Jones of Sumter Kelley Kennedy Key Kidd Killian King Lam Lancaster Land Lanier Lokey Mackay Mann Martin Matthews Miller of Elbert Mobley Moorman
1242
, " JOURNAL OF THE HOUSE,
Moss Mull Murphy Murr Musgrove : McClelland McGibony Newton Nichols Nilan Orr Overby Palmer Parker of Ware Parker of Appling Pelham Perkins
Pettey Phillips of Walton Pickett Ramsey Ray Roberts Rogers of Heard Rowland Russell Rutland Scoggin Sivell Smith of Emanuel Smith of Whitfield Souter Story Summers
Tabb Tamplin Tarpley Taylor Twitty Underwood Veal Walker of Lowndes Walker of Telfair Watson Wilson Winkle Wooten Wright of Floyd Yandle Young
On the passing of the Bill, the ayes were 135, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in amending the same:
HB 820. By Mr. McKenna of Bibb:
A Bill to be entitled an Act to amend an Act establishing the State Employees' Retirement System; and for other purposes.
Mr. Hall of Floyd moved that the House recede from us position in dis agreeing to the Senate amendment.
On the motion to recede, the roll call was ordered and the wote was as follows:
Those voting in the affirmative were Messrs.
Alien Bagby
Ballard Brooks of Oglethorpe Carr Fordham Gowen Hall of Floyd
Hill
Jones of Wayne Kelley
Lanier Mann Matthews Murphy McCracken Overby
Russell
Smith of Emanuel Smith of Whitfield
Stephens Summers Tamplin Twitty Winkle Wright of Floyd
Those voting in the negative were Messrs.:
Adams Baughman Birdsong Black
Blalock of Coweta
Blalock of Clayton Bolton Brackin Bradley
Brennan
Carswell Carter Coalson Cowart
Craven
THURSDAY, FEBRUARY 20, 1958
1243
Crummey Dorminy Echols Ellis Eyler Fellows Fowler of Treutlen Frazier Greene of Bartow Griffith Grimsley Gunter Hardaway Harrison Hawkins Hodges of Ware Hodges of Butts Hogan Ingle Irvin Johnson Jones of Lumpkin Jones of Laurens Jones of Sumter Kennedy Key
Kidd King Lam Lancaster Land Larkins Lee Lindsey Lokey Long Lott Mackay Martin Miles Miller of Elbert Mobley Moorman Mull Musgrove McClelland
McGibony McWhorter Newton Nilan Orr Parker of Pike
Parker of Appling Pelham Perkins Pettey Phillips of Walton Pickett Ramsey Ray Reed Roberts Rodgers of Charlton Rogers of Heard Rowland Rutland Smith of Bryan Tabb Tarpley Todd Underwood Veal Walker of Lowndes White Wilson Wooten Yandle Young
On the motion to recede, the ayes were 26, nays 93.
The motion to recede was lost:
Mr. McKenna of Bibb moved that the House insist on its position in dis agreeing to the Senate amendment to HB 820, and that a Committee on Con ference be appointed to confer with a like committee on the part of the House, and the motion prevailed.
The Speaker appointed as a Committee on Conference to confer with a like committee on the part of the Senate, the following members of the House: Messrs. McKenna and Wilson of Bibb and Hall of Floyd.
Under the order of business established by the committee on Rules, the following Bill of the Senate was taken up for consideration and read the third time:
SB 243. By Senators Howell of the 9th, Garrett of the 53rd, Foster of the 26th, Young of the 45th, Hill of the 54th, and Bentley of the 39th:
A Bill to be entitled an Act to amend an Act known as the Agricultural Commodities Authority Act; and for other purposes.
The previous question was ordered.
The main question was ordered.
1244
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 roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Alien Baghy Ballard Barrett Baughman Blalock of Coweta Blalock of Clayton Boggs Bolton Bradley Brooks of Oglethorpe
Broome Budd Busbee Callier A. Campbell of
Walker W. Campbell of
Walker Carlisle Carr Carter Cheek Cloud Coalson Cowart Craven Crummey Denmark Dorminy Duncan Elder Ellis Eyler Fordham Fowler of Douglas
Frazier Gowen Green of Rabun Griffith Grimsley Gross of Stephens
Gunter Hall of Floyd Hall of Lee
Hardaway Harper Hawkins Hendrix Hill Hodges of Ware Hodges of Butts
Hogan Holcombe Holley Holloway Irvin Jones of Wayne Jones of Worth Jones of Laurens Jones of Sumter Kelley Kennedy Key Kidd Killian King Lam Lancaster Lanier Larkins Lee Lindsey Lokey Long Lott Martin Matthews Miller of Twiggs Miller of Elbert Moorman Moss Mull Murphy Murr Musgrove McClelland McGibony McKenna Newton
Those voting in the negative were Messrs.:
Adams
Black
Nichols Odom Orr Overby Palmer Parker of Pike Parker of Ware Parker of Appling Payton Pelham Perkins Pickard Pickett Ramsey Rodgers of Charlton Rogers of Heard Ross Rowland Rutland Scoggin Sheffield Short Smith of Emanuel Smith of Lamar Smith of Whitfield Smith of Bryan Souter Stephens Story Summers Tabb Tamplin Tarpley Taylor Twitty Walker of Lowndes Watson Willis Winkle Wooten Wright of Floyd Yandle Young
Carswell
THURSDAY, FEBRUARY 20, 1958
1245
Fowler of Treutlen Ingle Mann
Mobley Pettey Sivell
Todd Underwood
On the passage of the Bill, the ayes were 131, nays 11. The Bill, having received the requisite constitutional majority, was passed.
Mr. Ray of Warren gave notice that at the proper time he would move that the House reconsider its action in passing SB 243.
The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following Bills and Resolutions of the House to wit:
HR 279. By Messrs. Gunter and Overby of Hall:
A Resolution proposing an amendment to the Constitution of Georgia so as to provide for the establishment of fire prevention districts in Hall County; and for other purposes.
HR 333. By Mr. McClelland of Fulton:
A Resolution declaring certain property of the State surplus, and authorizing the Governor to sell such property in Fulton County; and for other purposes.
HR 341. By Mr. Murr of Sumter:
A Resolution to create an interim Committee to investigate Koinonia Farms, Inc., to secure evidence necessary in drafting of prescribed legislation; and for other purposes.
HR 348. By Messrs. Gowen and Killian of Glynn:
A Resolution to request State Toll Bridge Authority to provide annual rates of toll on Sidney Lanier Bridge; and for other purposes.
HR 400. By Mr. Ray of Warren:
A Resolution authorizing the Governor to convey certain lands in Warren County to Mrs. W. P. English for a consideration of $1.00; and for other purposes.
HR 401. By Mr. Land of Wilkinson:
A Resolution to designate the bridge over Turkey Creek on State High way No. 112, as the E. Cuyler Adams Bridge; and for other purposes.
HR 409. By Messrs. Bodenhamer and Morris of Tift:
A Resolution authorizing the Governor to sell certain land in Habersham County; and for other purposes.
1246
JOURNAL OF THE HOUSE.
HR 414. By Mr. Ray of Warren:
A Resolution providing for furnishing reports of Supreme Court and Court of Appeals to Warren County; and for other purposes.
HR 415. By Messrs. Duncan and Craven of Carroll:
A Resolution proposing an amendment to the Constitution so as to authorize the governing authority of Carroll County to tax for and support a rescue squad; and for other purposes.
HB 416. By Messrs. Overby and Gunter of Hall:
A Resolution proposing an amendment to the Constitution so as to provide for election of members of Board of Education of Hall County; and for other purposes.
HR 418. By Mr. Cocke of Terrell:
A Resolution proposing an amendment to the Constitution so as to create Terrell County Development Authority; and for other purposes.
HR 420. By Mr. Ballard of Newton:
A Resolution authorizing the Governor and Secretary of State to convey a certain stained glass window to Newton County; and for other purposes.
HR 430. By Mr. Wright of Dodge:
A Resolution authorizing and directing State Librarian to furnish cer tain law books to Clerk of Superior Court of Dodge County; and for other purposes.
HR 432. By Messrs. Hawkins of Screven, Alien of Bulloch and others: A Resolution relative to the State song; and for other purposes.
HR 458. By Mr. Neese of Clay:
A Resolution to request Congress to change the name of Fort Gaines Lock and Dam to "Lake Henry-Clay"; and for other purposes.
HR 469. By Messrs. Ray of Warren, Smith of Emanuel, Twitty of Mitchell and others:
A Resolution to arrange to have a portrait made of Herman E. Talmadge for the purpose of being hung in the Capitol in honor of this great Georgian; and for other purposes.
HR 484. By Messrs. Fowler of Douglas, Tamplin of Morgan, McGibony of Greene:
A Resolution relative to the handling of the Soil Bank Program; and for other purposes.
THURSDAY, FEBRUARY 20, 1958
1247
HR 486. By Mr. Hall of Lee:
A Resolution relative to the disposition of the Leesburg State Farmers' Market property; and for other purposes.
HR 490. By Messrs. Moate of Hancock, Hawkins of Screven, Jessup of Bleckley and others:
A Resolution commending Hon. Eugene Cook, the Attorney General, and the personnel of the Bill Drafting Unit; and for other purposes.
HR 491. By Messrs. Scoggin and Hall of Floyd, Greene of Bartow, and many others:
A Resolution memorializing Hon. Henderson L. Lanham; and for other purposes.
HB 439. By Mr. McClelland of Fulton:
A Bill to be entitled an Act to amend an Act relating to vehicles which are exempt from the Motor Common Carriers Act; and for other pur poses.
HB 610 By Messrs. Budd and Walker of Lowndes:
A Bill to be entitled an Act to amend an Act relating to pensions for Confederate soldiers and their widows; and for other purposes.
HB 803. By Mr. Killian of Glynn:
A Bill to be entitled an Act to amend an Act relating to premarital examinations, providing that certificates filed with the ordinary may be destroyed after a period of one year; and for other purposes.
HB 837. By Messrs. Orr of Wilkes, Ross of Lincoln and others: A Bill to be entitled an Act to amend an Act relative to judges pro hac vice of Superior and City Courts; and for other purposes.
HB 839. By Messrs. Ray of Warren and Jones of Lumpkin: A Bill to be entitled an Act to amend an Act creating Department of Public Safety, changing provision relating to operation of motor ve hicles by persons holding learners' licenses; and for other purposes.
HB 840. By Mr. Ray of Warren: A Bill to be entitled an Act to amend an Act known as the "Georgia Economic Poisons Act"; and for other purposes.
HB 846. By Mr. Short of Colquitt: A Bill to be entitled an Act to amend an Act relating to guardian acting as administrator of the estate of his ward; and for other purposes.
HB 850. By Mr. Jones of Laurens: A Bill to be entitled an Act to amend an Act relating to a minor's
1248
JOURNAL OF THE HOUSE.
years' support, providing that marriage of a minor prior to filing of application for years support shall bar right of such minor; and for other purposes.
HB 857. By Mr. Fowler of Douglas:
A Bill to be entitled an Act to amend an Act providing for the establish ment of a Department of Labor; and for other purposes.
HB 885. By Messrs. Jones and Hogan of Laurens, Rowland of Johnson, Miller of Twiggs and Fowler of Treutlen:
A Bill to be entitled an Act to provide that the County of Treutlen shall become part of the Dublin Judicial Circuit; and for other purposes.
HB 891. By Messrs. Moate of Hancock, Twitty of Mitchell, Jessup of Bleckely and others:
A Bill to be entitled an Act to amend an Act relating to bond required of motor fuel distributor, authorizing pledging of certain additional bonds; and for other purposes.
HB 894. By Messrs. Rowland of Johnson and Jones of Laurens:
A Bill to be entitled an Act to amend an Act relating to the definition of "Employer" and "Employee", so as to include in the definition of employer the counties of this State; and for other purposes.
HB 932. By Messrs. Mann of Rockdale, M. M. Smith of Fulton and Bagby of Paulding:
A Bill to be entitled an Act to amend an Act relating to the profession of Chiropody; and for other purposes.
HB 960. By Messrs. Brennan, Cheatham and Eyler of Chatham:
A Bill to be entitled an Act providing that amounts collected in sinking fund, pledged to retirement of bonded indebtedness and which cannot be used legally for other purposes, be deductible from bonded debt, etc., and for other purposes.
HB 983. By Mr. Jessup of Bleckley:
A Bill to be entitled an Act to change the compensation of Director of Department of State Parks; and for other purposes.
HB 1000. By Mr. McClelland of Fulton:
A Bill to be entitled an Act to amend an Act so as to provide a method for refunding overpayment of taxes; and for other purposes.
HB 1007. By Messrs. Hodges and Parker of Ware:
A Bill to be entitled an Act to provide for use of voting machines in all elections, including primaries in Ware County; and for other pur poses.
THURSDAY, FEBRUARY 20, 1958
1249
HB 1008. By Messrs. Hodges and Parker of Ware:
A Bill to be entitled an Act amending the Charter of the City of Waycross, providing for the use of voting machines in all elections in the City of Waycross; and for other purposes.
HB 1009. By Messrs. Holloway and Busbee of Dougherty:
A Bill to be entitled an Act to amend the Act creating a new Charter for the City of Albany, to change geographical limits of the wards; and for other purposes.
HB 1010. By Mr. Bolton of Spalding:
A Bill to be entitled an Act to amend an Act creating the Charter for the City of Griffin; and for other purposes.
HB 1012. By Messrs. Busbee and Holloway of Dougherty:
A Bill to be entitled an Act to amend an Act creating a new Charter for the City of Albany, defining the corporate limits; and for other purposes.
HB 1013. By Mr. Ballard of Newton:
A Bill to be entitled an Act to amend the Charter of the City of Covington; and for other purposes.
HB 1014. By Mr. Coalson of Polk:
A Bill to be entitled an Act to repeal an Act incorporating the Town of Van Wert, Paulding County, now Polk County; and for other pur poses.
HB 1015. By Mr. Coalson of Polk:
A Bill to be entitled an Act to provide that the term of office of mem bers of County Board of Tax Assessors in certain counties shall be one year; and for other purposes.
HB 1022. By Messrs. Cheatham, Eyler and Brennan of Chatham:
A Bill to be entitled an Act to amend the Charter of the Town of Garden City; to extend corporate limits; and for other purposes.
HB 1023. By Messrs. M. Smith, McClelland and Brooks of Pulton:
A Bill to be entitled an Act to amend an Act establishing a new Charter for the City of East Point; and for other purposes.
HB 1024. By Messrs. McClelland, M. Smith and Brooks 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.
1250
JOURNAL OF THE HOUSE,
HB 1025. By Mr. Broome of Bacon:
A Bill to be entitled an Act to provide for the procedure relative to time for holding county primaries in Bacon County; and for other purposes.
HB 1027. By Mr. Key of Jasper:
A Bill to be entitled an Act to amend an Act fixing the compensation of the County Treasurer of Jasper County; and for other purposes.
HB 1029. By Messrs. Chastain and Willis of Thomas:
A Bill to be entitled an Act to amend an Act creating- Small Claims Courts in certain counties; and for other purposes.
HB 1032. By Messrs. Walker and Budd of Lowndes:
A Bill to be entitled an Act to amend the charter of the City of Valdosta; so as to authorize the creation in the City Government of said City the office of City Manager; and for other purposes.
HB 1033. By Mr. McCracken of Jefferson:
A bill to be entitled an Act to amend an Act incorporating the Town of Stapleton; and for other purposes.
HB 1035. By Mr. Bagley of Paulding:
A Bill to be entitled an Act to supplement the compensation of the Coroner of Paulding County; and for other purposes.
HB 1037. By Mr. Singer of Stewart:
A Bill to be entitled an Act to amend an Act abolishing the office of County Treasurer of Stewart County; and for other purposes.
HB 1039. By Messrs. Greene and Bradley of Bartow:
A Bill to be entitled an Act to consolidate offices of Tax Receiver and Tax Collector of Bartow County into the office of Tax Commissioner of Bartow County; and for other purposes.
HB 1040. By Messrs. Greene and Bradley of Bartow:
A Bill to be entitled an Act to change from the fee to the salary system in Bartow County, the Sheriff, the Clerk of Superior Court and the Ordinary and for other purposes.
HB 1041. By Mr. Gross of Bade:
A Bill to be entitled an Act to amend an Act abolishing the offices of Tax Collector and Tax Receiver of Bade County and creating the office of Tax Commissioner; and for other purposes.
THURSDAY, FEBRUARY 20, 1958
1251
HB 1042. By Messrs. Lee and Blalock of Clayton:
A Bill to be entitled an Act to repeal an Act entitled "An Act to amend an Act to incorporate the City of Jonesboro"; to extend corporate limits; and for other purposes.
HB 1044. By Mr. Ray of Warren:
A Bill to be entitled an Act to amend an Act incorporating the Town of Warrenton; and for other purposes.
HB 1046. By Messrs. Hall, Scoggin and Wriglit of Ployd:
A Bill to be entitled an Act to amend an Act entitled "An Act to abolish the present mode of compensation of Clerk Superior Court, Clerk City Court, Ordinary, Sheriff of City Court and Sheriff Ployd County; and for other purposes.
HB 1047. By Messrs. Hall, Scoggin and Wright of Floyd:
A Bill to be entitled an Act to amend an Act entitled "An Act to abolish offices of tax receiver and tax collector, and create office of County Tax Commissioner of Floyd County; and for other purposes.
HB 1048. By Mr. Hill of Wheeler:
A Bill to be entitled an Act to consolidate and supersede certain Acts pertaining to City of Glenwood, and create new Charter; and for other purposes.
HR 1049. By Mr. Gross of Stephens:
A Bill to be entitled an Act to amend an Act creating City Court of Stephens County; and for other purposes.
HB 1050. By Mr. Gross of Stephens:
A Bill to be entitled an Act to amend an Act creating Board of Com missioners of Roads and Revenues in County of Stephens; and for other purposes.
HB 1051. By Messrs. Gunter and Overby of Hall:
A Bill to be entitled an Act to amend an Act to limit and regulate the assessment and collection of taxes by municipal authorities; and for other purposes.
HB 1052. By Messrs. Gunter and Overby of Hall:
A Bill to be entitled an Act to amend an Act incorporating the Town of Clermont; and for other purposes.
HB 1053. By Messrs. Gowen and Killian of Glynn:
A Bill to be entitled an Act to amend an Act known as "Brunswick Port Authority Act" authorizing additional facilities and powers in said authority; and for other purposes.
1252
JOURNAL OF THE HOUSE,
HB 1054. By Messrs. McClelland, Brooks and M. Smith of Pulton:
A Bill to be entitled an Act to amend an Act establishing Municipal Court of City of Atlanta, relating to manner of holding public sales of property, etc.; and for other reasons.
HB 1060. By M. Smith of Fulton:
A Bill to be entitled an Act authorizing Commissioner of Agriculture to establish exhibits at Fairs so as to advertise and promote agricultural resources of this State; and for other purposes.
The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has passed by substitute by the requisite constitutional majority the following Resolutions of the House to wit:
HR 347. By Mr. Jones of Lumpkin:
A Resolution authorizing the Governor to provide funds for school purposes in hardship cases in Lumpkin County; and for other purposes.
HR 431. By Messrs. Gowen and Killian of Glynn:
A Resolution proposing an amendment to Constitution authorizing Brunswick Port Authority to construct, maintain, operate and lease cer tain facilities; and for other purposes.
Under the order of business established by the Committee on Rules, the following Bills of the Senate were taken up for consideration and read the third time:
SB 239. By Senator Langdale of the 6th:
A Bill to be entitled an Act to amend an Act relating to the duties of Tax Receivers; and for other purposes.
The following amendments were read and adopted:
Mr. Irvin of Habersham moves to amend the caption of SB 239 by adding in the title before the last phrase the words:
"to limit the application of this Act to counties with a population between 35,211 and 35,220 according to the 1950 and any future census."
Mr. Irvin of Habersham moved to amend SB 239 by adding a section to be known as Section 3 to read as follows:
"This Act shall apply to and be effective only in those counties with a population between 35,211 and 35,220 according to the 1950 census of the United States and to any future census made by the United States," and Section 3 thereof the Bill shall be numbered Section 4.
THURSDAY, FEBRUARY 20, 1958
1253
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 roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Alien Ballard Barber Barrett Baughman Birdsong Black Blalock of Clayton Bradley Brennan Brooks of Oglethorpe Brooks of Fulton Broome Budd Busbee A. Campbell of
Walker W. Campbell of
Walker Carlisle Carter Cheek Cloud Coalson Cocke Cowart Craven Crummey Denmark Dorminy Duncan Echols Elder Eyler Floyd Flynt Fowler of Douglas
Fuqua Gowen Greene of Bartow Griffith
Grimsley Gross of Stephens Gunter Hall of Lee Hardaway Harper Harrison Hill Hodges of Butts Hogan Holley Holloway
Hurst Irvin Johnson Jones of Wayne Jones of Laurens Jones of Crawford Kelley Kennedy Key Kidd Killian King Lam Lancaster Land Larkins Lokey Long Lott Love Mann Martin Matthews Miller of Twiggs Mobley Moorman Moss Murphy McClelland McCracken
McGibony McKenna Nichols Nilan Orr Palmer Parker of Ware Parker of Appling Pelham Perkins Peters Pettey Pickard Pickett Ramsey Ray Reed Rodgers of Charlton Rowland Scoggin Smith of Emanuel Smith of Lamar Smith of Whitfield Smith of Bryan Souter Stephens Story Tabb Tamplin Tarpley Twitty Walker of Lowndes Walker of Telfair Watson Weems Wells White Willis Winkle Wooten Yandle Young
Voting in the negative was Mr. Murr.
1254
JOURNAL OF THE HOUSE,
On the passage of the Bill, as amended, the ayes were 124, nays 1.
The Bill, having received the requisite constitutional majority, was passed, as amended.
SB 240. By Senator Langdale of the 6th:
A Bill to be entitled an Act to amend an Act relating to Tax Collectors making1 rounds to collect taxes; and for other purposes.
The following amendments were read and adopted:
Mr. Irvin moves to amend the caption of SB 240 by adding in the title before the last phrase the words:
"to limit the application of this Act to counties with a population between 35,211 and 35,220 according to the 1950 and any future census."
Mr. Irvin of Habersham moves to amend SB 240 by adding a Section to be known as Section 3 to read as follows:
"This Act shall apply to and be effective only in those counties with a population between 35,211 and 35,220 according to the 1950 census of the United States and to any future census made by the United States,"
and Section 3 thereof of the Bill shall be numbered Section 4.
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 roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Ballard Barber Barrett Baughman Black Blalock of Coweta Blalock of Clayton Boggs Bolton Bradley Brooks of Oglethorpe Broome Budd Cagle
Callier A. Campbell of
Walker W. Campbell of
Walker Carlisle Carr Carter Chastain Cheek Cloud Coalson Cowart Crummey Dorminy
Duncan Echols Elder Ellis Fellows Floyd Flynt Fowler of Douglas Fowler of Treutlen Fuqua Gowen Greene of Bartow Griffith Grimsley Gross of Stephens
THURSDAY, FEBRUARY 20, 1958
1255
Gunter Hall of Floyd Hall of Lee Harper Harrison Hill Hodges of Butts Hogan Huddleston Hurst Ingle Irvin Johnson Jones of Wayne Jones of Lumpldn Jones of Laurens Jones of Sumter Jones of Crawford Kelley Kennedy Key Kidd Killian King Lam Lancaster Land Lanier Larkins Lokey Long
Love Martin Matthews Miller of Elbert Mobley Moorman Moss Mull Murphy Murr Musgrove McGibony McKenna Neese Newton Nichols Nilan Orr Palmer Parker of Ware Pelham Perkins Peters Pettey Pickard Pickett Ramsey Ray Roberts Rodgers of Charlton Rogers of Heard
Ross Rowland Scoggin Sivell Smith of Emanuel Smith of Lamar Smith of Whitfield Smith of Bryan Souter Stephens Story Summers Tabb Tamplin Tarpley Todd Twitty Underwood Walker of Lowndes Walker of Telfair Watson Weems Wells Willingham Willis Winkle Wooten Wright of Floyd Wright of Dodge Yandle Young
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.
SB 222. By Senators Sanders of the 18th and Cox of the 50th:
A Bill to be entitled an Act to amend Chapter 84-14 of the Code of Georgia relating to real estate brokers and salesmen; 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.:
Adams Alien
Ballard Barber
Barrett Baughman
1256
JOURNAL OF THE HOUSE,
Blalock of Coweta Blalock of Clayton Bodenhamer Boggs Bolton Brackin Bradley Brennan Brooks of Oglethorpe Brooks of Fulton
Broome Budd Busbee W. Campbell of
Walker Carlisle Can-
Carswell Carter Chealham Cheek Coalson Cowart Craven Crummey Duncan Echols Elder Ellis Fellows Floyd Flynt Fowler of Douglas Fowler of Treutlen
Fuqua Gowen Green of Rabun Greene of Bartow Griffith Grimsley Gross of Stephens
Gross of Dade Gunter Hall of Floyd Hall of Lee Harper Harrison Hill Hodges of Butts
Hogan Holcombe Holloway Ingle Irvin Johnson Jones of Wayne Jones of Laurens Jones of Surnter Kelley Kennedy Key Kidd Killian King Lancaster Land Lanier Lee Lokey Long Lott Love Mann Matthews Miller of Twiggs Mobley Moorman Morris Moss Mull Murphy Murr
Musgrove McClelland McGibony McKenna Newton Nichols Nilan Overby Parker of Appling Peters Pettey Pickard Pickett Ramsey Reed Roberts Rodgers of Charlton Rogers of Heard Ross Rowland Scoggin Smith of Lamar Smith of Whitfield Smith of Bryan Stephens
Story Summers Tabb Tamplin Taylor Walker of Lowndes Walker of Telfair Watson Weems Willingham Winkle Wooten Wright of Floyd Wright of Dodge Yandle Young
Voting in the negative was Mr. Parker of Ware.
On the passage of the Bill, the ayes were 128, 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 appointed a Committee of Conference on the following Bill of the House:
THURSDAY, FEBRUARY 20, 1958
1257
HB 820. By Mr. McKenna of Bibb:
To be entitled an Act to amend an Act establishing the States Employees' Retirement System; and for other purposes.
The President has appointed as a Committee of Conference on the part of the Senate:
Senators Oxford of the llth, Hill of the 58th and Langdale of the 6th:
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 respectfully asks that a Committee of Conference be appointed:
HB 844. By Messrs. Reed and Willingham of Cobb and others:
To be entitled an Act to provide for a State Tort Claims Act; and for other purposes.
The President has appointed as a Committee of Conference on the part of the Senate:
Senators Trotter of the 37th and Bentley of the 39th.
The Speaker announced the House recessed until the hour of 1:15 p.m.
AFTERNOON SESSION The Speaker called the House to order.
1:15 p.m.
Under the order of business established by the Committee on Rules, the following Bill of the Senate was taken up for consideration and read the third time:
SB 218. By Senator Hawes of the 30th:
A Bill to be entitled an Act to authorize all eligible officers and employees of the Jekyll Island Park Authority to become members of the Employees' Retirement System of Georgia; and for other pur poses.
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.
1258
JOURNAL OF THE HOUSE.
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 Ballard Barber Baughman Birdsong Black Blalock of Coweta Bodenhamer Brackin Bradley Brooks of Oglethorpe Broome Busbee Callier A. Campbell of
Walker W. Campbell of
Walker Carlisle Carr Cheek Cloud Coalson Cocke Cowart Craven Crummey Dorminy Duncan Echols Elder Ellis Floyd Flynt Fordham Fowler of Douglas Fowler of Treutlen
Fuqua Gowen Green of Rabun Greene of Bartow
Griffith Grimsley
Gross of Stephens Gross of Dade Gunter Hall of Floyd Hall of Lee Hardaway Henderson Hodges of Butts Hogan Holcombe Holloway Ingle Johnson Jones of Worth Jones of Laurens Jones of Sumter Jones of Crawford Kelley Kennedy Key Kidd Killian Lam Lancaster Land Larkins
Lee Lindsey Lokey Long Mackay Mann Martin Matthews Miles Miller of Twiggs Mobley Moorman Morris Moss Mull Murphy Musgrove McCracken
McGibony McKenna Neese Newton Nichols Odom Overby Palmer Parker of Pike Parker of Ware Parker of Appling Perkins Perry Peters Phillips of Walton Pickard Pickett Reed Rodgers of Charlton Rogers of Heard Ross Rowland Scoggin Smith of Emanuel Smith of Lamar Smith of Whitfield Souter Story Tabb Tamplin Tarpley Taylor Twitty Veal Walker of Telfair Watson Wells White Willis Winkle Wright of Floyd Young
On the passage of the Bill, the ayes were 128, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in amending the same:
THURSDAY, FEBRUARY 20, 1958
1259
HB 844. By Messrs. Reed and Willingham of Cobb and others:
A Bill to be entitled an Act to provide for a State Tort Claims Act; and for other purposes.
Mr. Reed of Cobb moved that the House insist on its position in disagreeing to the Senate amendment and that a Committee on Conference be appointed to confer with a like committee on the part of the Senate, and he motion prevailed.
The Speaker appoined as a Committee on Conference to confer with a like committee on the part of the Senate, the following members of the House:
Messrs. Reed of Cobb, Rowland of Johnson and Campbell of Walker.
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 783. By Messrs. Payton of Coweta, Orr of Wilkes, Ross of Lincoln and others:
A Bill to be entitled an Act providing no administration necessary when heirs of deceased owner of real or personal property of this State dies intestate, and no proceedings for permanent administration have been instituted; and for other purposes.
HB 1062. By Messrs. M. Smith, McClelland and Brooks of Fulton:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Atlanta, relating to bids; and for other purposes.
HB 1087. By Messrs. Brennan, Cheatham and Eyler of Chatham:
A Bill to be entitled an Act to amend an Act to incorporate the Town of Vernonburg; and for other purposes.
HB 1109. By Mr. Truelove of White:
A Bill to be entitled an Act to create a Board of Commissioners of Roads and Revenues for White County; and for other purposes.
HB 1125. By Messrs. Rutland, Mackay and McWhorter of DeKalb:
A Bill to be entitled an Act to amend an Act to fix, prescribe and establish compensation of elective county officials in DeKalb County; and for other purposes.
HB 1126. By Messrs. McWhorter, Mackay and Rutland of DeKalb:
A Bill to be entitled an Act creating and establishing a Civil Court of DeKalb County; and for other purposes.
1260
JOURNAL OF THE HOUSE,
HB 1127. By Messrs. McWhorter, Mackay and Rutland of DeKalb:
A Bill to be entitled an Act to amend the city charter of Doraville, so as to redefine the corporate limits; and for other purposes.
HB 1145. By Messrs. McClelland, M. Smith, Brooks of Fulton:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Atlanta relating to legal holidays; and for other purposes.
HB 790. By Messrs. Rowland of Johnson, McGibony of Greene and others:
A Bill to be entitled an Act to amend an Act establishing the State Employees' Retirement System, to authorize the tax commissioners, tax collectors, tax receivers, etc. to become members; and for other purposes.
HB 1072. By Mr. Twitty of Mitchell:
A Bill to be entitled an Act to provide for retirement benefits for the Ordinaries of Georgia; and for other purposes.
HR 169. By Mr. Pickett of Polk:
A Resolution to compensate David Tanner for damages; 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 Resolution of the House to wit:
HB 1124. By Mr. Bagby of Paulding:
A Bill to be entitled an Act to amend an Act incorporating the Mayor and Aldermen of the City of Dallas; and for other purposes.
HR 379. By Messrs. Budd and Walker of Lowndes:
A Resolution proposing an amendment to the Constitution to provide that the Board of Education of Lowndes County shall be composed of five members; and for other purposes.
The following Bills and Resolutions of the House were taken up for the purpose of considering the Senate substitutes and amendments thereto:
HR 347-827e. By Mr. Jones of Lumpkin:
A Resolution authorizing the Governor to provide funds for school purposes in hardship cases in Lumpkin County; and for other purposes.
The following Senate substitute was read: By the Senate:
THURSDAY, FEBRUARY 20, 1958
1261
A RESOLUTION
Authorizing and directing the State Board of Education to investi gate hardship cases in schools in Lumpkin and Jefferson Counties; and for other purposes.
WHEREAS, the school facilities in Lumpkin and Jefferson Coun ties are completely inadequate and the school children of said counties are forced to attend substandard schools which constitute a constant hazard relative to the safety and well-being of said children; and
WHEREAS, under the Minimum Foundation Program for Educa tion, Lumpkin and Jefferson Counties did not receive sufficient funds to enable them to correct this tragic situation;
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the State Board of Education is hereby authorized and directed to thoroughly investigate the school situation in Lumpkin and Jefferson Counties. Said Board is further authorized and directed to take all steps within its power to alleviate the hardships in said counties.
Mr. Jones of Lumpkin 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 Ballard Barber Baughman Birdsong Black
Blalock of Coweta Blalock of Clayton Bodenhamer Brackin Bradley Brennan Brooks of Oglethorpe Broome Busbee Callier A. Campbell of
Walker W. Campbell of
Walker Carlisle Carr Carter Cheek Coalson Cocke Cowart
Craven Dorminy Duncan Echols Elder Ellis Eyler Fellows Floyd Fowler of Douglas Fowler of TreuUen Frazier Freeman Fuqua Gowen Greene of Bartow Griffith Grimsley Gross of Stephens Gross of Dade Hall of Floyd Hall of Lee Hardaway Harper Harrison Hodges of Ware Hogan Holcombe
Holloway Hurst Ingle Irvin Johnson Jones of Worth Jones of Lumpkin Jones of Laurens Jones of Sumter Jones of Crawford Kelley Kennedy Key Kidd Killian Lam Lancaster Land Lanier Lee Lindsey Lokey Long Mackay Mann Martin Matthews Miles
1262
JOURNAL OF THE HOUSE.
Miller of Twiggs Miller of Elbert Mobley Moorman Morris Mull Murphy Murr Musgrove McClelland McCracken McGibony McKenna Neese Newton Nichols Odom Palmer Parker of Ware Parker of Appling
Perkins Perry Pettey Phillips of Columbia Phillips of Walton Pickard Pickett Ramsey Ray Reed Roberts Rodgers of Charlton Rogers of Heard Ross Scoggins Smith of Emanuel Smith of Fulton Smith of Whitfield Smith of Bryan Souter
Summers Tabb Tamplin Tarpley Taylor Todd Twitty Underwood Veal Watson Wells White Willis Wilson Winkle Wright of Floyd Yandle Young
On the motion to agree, the ayes were 140, nays 0.
The Senate substitute to HR 347-827e was agreed to.
HR 431-1070f. By Messrs. Gowen and Killian of Glynn:
A Resolution proposing an amendment to the Constitution authorizing the Brunswick Port Authority to construct, maintain, operate and lease certain facilities; and for other purposes.
The following Senate substitute was read:
Senate Substitute:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the General Assembly to create an instrumentality to be known as "Brunswick Port Authority"; to ratify and confirm certain Acts of the General Assembly adopted in 1945 and 1958 pertaining to Brunswick Port Authority and to ratify and confirm all Acts of Brunswick Port Authority thereunder; to validate, ratify and confirm the disposition of the proceeds of certain bonds heretofore voted by the City of Bruns wick and the County of Glynn; 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 I
Article VII, Section VII, Paragraph V of the Constitution, as amended, is amended by inserting at the end of said Paragraph a new paragraph which shall read as follows:
"The Legislature is authorized to create an instrumentality and department of the State of Georgia to be known as 'Brunswick
THURSDAY, FEBRUARY 20, 1958
1263
Port Authority' and to provide for its powers and functions. Act Number 314 of the Acts of the General Assembly of 1945 (Georgia Laws 1945, page 1023 et. seq.), as amended by HB 1053 of the General Assembly of 1958, is hereby ratified, confirmed and made a part of this constitution with like force and effect as though the contents thereof were herein set out at length. This provision of the constitution shall be self-executing but the Legislaure may hereafter enact such supplementary legislation designed to effect the purposes of said Act Number 314 as so amended as it may con sider desirable, provided such future legislation is not in conflict with the provisions of said Act as so amended. All Acts heretofore done by Brunswick Ports Authority and all contracts, agreements and proceedings of every nature executed or adopted by Brunswick Port Authority prior to the date as of which this paragraph be comes effective as a part of the constitution, are hereby ratified and validated and declared to be binding and effective in accordance with their terms, without however affecting the right of Brunswick Port Authority to make such changes therein hereafter as it may consider desirable. The proceeds of any bonds heretofore voted by Glynn County and by the City of Brunswick pursuant to author ization granted by the amendments to the constitution proposed by Acts Number 81 and Number 117 of the General Assembly of 1956 may be utilized by said county and by said city for any pur pose designed to further the interests of Brunswick Port Authority and said county and city, without regard to the purposes designated in said Acts and in the proceedings pursuant to which such bonds were voted, and all proceedings had in the authorization of such bonds and the bonds issued pursuant thereto, are hereby validated, ratified and confirmed."
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, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"For ratification of amendment to the Constitution so as to authorize the General Assembly to create the Brunswick Port Authority and to ratify and confirm the Acts heretofore adopted pertaining to said Authority; to ratify and confirm all Acts per formed by it pursuant thereto and to validate the disposition of the proceeds of certain bonds voted by the City of Brunswick and the County of Glynn."
"Against ratification of amendment to the Constitution to authorize the General Assembly to create the Brunswick Port Authority and to ratify and confirm the Act heretofore adopted pertaining to said Authority; to ratify and confirm all Acts per formed by it pursuant thereto and to validate the disposition of the proceeds of certain bonds voted by the City of Brunswick and the County of Glynn."
1264
JOURNAL OP 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 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.
Mr. Gowen of Glynn 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 Bagby Ballard Barber Barrett Baughman Birdsong Black Blalock of Coweta Bodenhamer Boggs Brackin Bradley Brooks of Oglethorpe Broome Cagle Callier Carlisle Carr Carswell Carter Cheek Cloud Coalson Cocke Cowart Craven Dorminy Duncan Elder Ellis Eyler Ployd Fowler of Douglas Fowler of Treutlen Frazier
Fuqua Gowen Green of Rabun Greene of Bartow Griffith Grimsley Gross of Stephens Gross of Dade Hall of Floyd Hall of Lee Hardaway Harper Harrison Helms Henderson Hendrix Hodges of Ware Hodges of Butts Hogan Holcombe Holloway
Hurst Ingle Irvin Jones of Worth Jones of Lumpkin Jones of Laurens Jones of Sumter Jones of Crawford Kelley Kennedy Key Kidd Killian King Lam Lancaster
Land Lanier Larkins Lokey Long Mackay Mann Martin Matthews Miles Miller of Twiggs Miller of Elbert Mobley Moorman Morris Moss Mull Murphy Murr Musgrove McCracken McGibony McKenna Neese Newton Nichols Odom Overby Palmer Parker of Appling Perry Peters Pettey Phillips of Columbia Phillips of Walton Pickard Pickett
THURSDAY, FEBRUARY 20, 1958
1265
Ramsey Ray Reed Roberts Rodgers of Charlton Rogers of Heard Ross Rowland Scoggin Singer Smith of Emanuel Smith of Fulton
Smith of Whitfield Smith of Bryan Souter Summers Tabb Tamplin Tarpley Taylor Todd Twitty Underwood Veal
Watson Weems Wells White Willis Wilson Winkle Wright of Floyd Yandle Young
On the motion to agree, the ayes were 145, nays 0.
The Senate substitute to HR 431-1070f was agreed to.
HB 1072. By Mr. Twitty of Mitchell:
A Bill to be entitled an Act to provide for retirement benefits for the Ordinaries of Georgia; and for other purposes.
The following Senate amendment was read:
Senator Sanders of the 18th moves to amend HB 1072 by changing Section 9 as follows:
By changing sub-section (f) thereof to (g) and inserting a new sub-section (f) as follows:
(f) Provided, however that any person who upon the approval of this Act is serving as Ordinary of any County in the State of Georgia and who is also a member and participant in the Ordinary's Retirement Fund of Georgia shall be given full credit in computing their years of service of Retirement purposes without additional contribution to the fund for any period that they may have served as Clerk or Deputy Clerk to the Ordinary, provided notice of such service shall be filed by said Ordinary with the Secretary-Treasurer of said funds within a period of twelve (12) months after the date of approval of this Act.
By adding the following language to Section 10, immediately after the word, hereunder, as the same appears at the end of said section to-wit, "except as is provided in sub-section (f) of Section 9 hereof as amended."
Mr. Twitty of Mitchell 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 Ballard Barber
Barrett Baughman Birdsong Black
Blaloek of Coweta Bodenhamer Brackin Bradley
1266
JOURNAL OF THE HOUSE,
Brooks of Oglethorpe Broome Busbee Cagle Callier A. Campbell of
Walker W. Campbell of
Walker Carlisle Carter Cheatham Cheek Cloud Coalson Cocke Cowart Craven Denmark Dorminy Duncan Echols Elder Ellis Eyler Floyd Flynt Fowler of Douglas Fowler of Treutlen Frazier Fuqua Gowen Green of Rabun Greene of Bartow Griffith Grimsley Gross of Stephens Gross of Dade Hall of Floyd Hall of Lee Hardaway Harper Harrison Henderson Hendrix
Hill Hodges of Ware Hodges of Butts
Hogan Holcombe Holloway
Hurst Ingle Irvin Johnson Jones of Wayne Jones of Laurens Jones of Sumter Jones of Crawford Kelley Kennedy Key Kidd Killian Lam Lancaster Land Lanier Larkins Lokey Long Mackay Mann Martin Matthews Miles Mobley Moorman Morris Moss Mull Murphy Murr Musgrove McGibony McKenna Neese Newton Nichols Palmer
Parker of Appling Perkins Perry Peters Phillips of Columbia Phillips of Walton Pickard Pickett Ramsey Raulerson
Ray Reed Roberts Rodgers of Charlton Rogers of Heard Ross Seoggin Smith of Emanuel Smith of Fulton Smith of Whitfield Smith of Bryan Souter Stephens Story Summers Tabb Tamplin Tarpley Taylor Todd Twitty Underwood Veal Watson Weems Wells White Willis Wilson Winkle Wright of Fioyd Yandle Young
On the motion to agree, the ayes were 143, nays 0.
The Senate amendment to HB 1072 was agreed to.
HB 1125. By Messrs. Rutland, Mackay, and McWhorter of DeKalb:
A Bill to be entitled an Act to amend an Act to fix, prescribe and establish compensation of elective county officials in DeKalb County; and for other purposes.
THURSDAY, FEBRUARY 20, 1958
1267
The following Senate amendment was read:
Senator Sammons moves to amend HB 1125 as follows:
HB 1125 is hereby amended by adding a new Section to be known as Section 2 to read as follows:
"Section 2. Said Section 3 of said Act of 1956 is further amended by adding a new sentence at the end thereof to read as follows: 'Provided further, that the salary of any person who has held any of the above offices of ordinary, clerk of the Superior Court, sheriff or tax commissioner of DeKalb County for a period of twenty (20) years shall be increased by the further sum of One Thousand ($1,000.00) dollars, making a total salary of Twelve Thousand ($12,000.00) dollars for such officers.'"
and by re-numbering Section 2 and Section 3 of said Bill as Sections 3 and 4.
Mr. McWhorter of DeKalb moved that the House agree to the Senate amendment.
On the motion to agree, the ayes were 114, nays 0.
The Senate amendment to HB 1125 was agreed to.
HB 1126. By Messrs. McWhorter, Rutland and Mackay of DeKalb:
A Bill to be entitled an Act to amend an Act creating and establishing the Civil Court of DeKalb County; and for other purposes.
The following Senate amendment was read:
Senator Sammon moves to amend HB 1126 as follows:
HB 1126 is hereby amended as follows:
(1) By striking out Section 3 in its entirety and inserting in lieu thereof the following:
"Section 3"
"Section 6-A of an Act approved March 6, 1956 (Georgia law 1956, page 3137) is hereby amended by striking the next to the last sentence of said section which reads "The salary of the assist ant solicitor shall be $6,300.00 per annum, payable monthly out of the County Treasury as an expense of the Court", and by sub stituting in lieu thereof the folowing sentence; "The salary of the assistant solicitor shall be fixed by the Board of Commissioners of Roads and Revenues of DeKalb County at not less than $6,300.00 per annum, payable monthly out of the County Treasury as an expense of the Court."
Mr. McWhorter of DeKalb moved that the House agree to the Senate amendment.
On the motion to agree, the ayes were 114, nays 0.
1268
JOURNAL OF THE HOUSE,
The Senate amendment to HB 126, was agreed to.
HB 1127. By Messrs. McWhorter, Rutland and Mackay of DeKalb:
A Bill to be entitled an Act to amend an Act to create a city charter for Doraville; and for other purposes.
The following Senate amendment was read:
Senator Sammon moves to amend HB 1127 as follows:
HB 1127 is hereby amended by adding a new Section thereto to be known as Section 1-A and to read as follows:
"Section 1-A. Section 2 (a) of an Act approved March 28, 1947 (Georgia laws 1947, page 1263) enacting a new Charter for the City of Doraville, which Section provides for a method of the extension of the corporate limits of the City of Doraville, is hereby repealed in its entirety."
Mr. McWhorter of DeKalb moved that the House agree to the Senate amendment.
On the motion to agree, the ayes were 114, nays 0.
The Senate amendment was agreed to.
Under the order of business established by the Committee on Rules, the following Bills of the Senate were taken up for consideration and read the third time:
SB 186. By Senators Wright of the 24th, Hawes of the 30th, Jackson of the 21st, and many others: A Bill to be entitled an Act creating the office of Solicitor-General Emeritus and the Solicitors Retirement 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 roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Alien Ballard Barber Barrett
Baughman Birdsong Blalock of Clayton Bodenhamer
Boggs Brackin Brooks of Oglethorpe Broome
THURSDAY, FEBRUARY 20, 1958
1269
Cagle Callier A. Campbell of
Walker W. Campbell of
Walker Carlisle Carr Carswell Carter Cheatham Cheek Cloud Cocke Cowart Craven Denmark Dorminy Duncan Echols Elder Ellis Fowler of Douglas Frazier Fuqua Gowen Greene of Bartow Griffith Grimsley Gross of Stephens Hall of Floyd Hall of Lee Hardaway Harper Harrison Hawkins Hendrix Hill Hodges of Butts Hogan Holcombe
Holley Hurst Ingle Irvin Johnson Jones of Wayne Jones of Worth Jones of Laurens Jones of Crawford Kelley Kennedy Key Kidd Killian Lam Lancaster Land Lanier Lee Lindsey Lokey Mackay Mann Martin Matthews Miles Mobley Morris Moss Mull Murphy Murr Musgrove McCracken McGibony McKenna Neese Newton Nichols Odom Parker of Pike
Parker of Appling Perkins Perry Peters Pettey Phillips of Columbia Phillips of Walton Ramsey Raulerson Ray Reed Roberts Rodgers of Charlton Rogers of Heard Rowland Russell Rutland Scoggin Smith of Emanuel Smuh of Fulton Smith of Whitfield Smith of Bryan Souter Stephens Story Summers Tabb Tamplin Tarpley Taylor Twitty Underwood Veal Watson Wells White Wilson Winkle Wright of Floyd Yandle Young
Those voting in the negative were Messrs.:
Fellows Floyd Fowler of Treutlen
Henderson Hodges of Ware Parker of Ware
Pickett Ross
On the passage of the Bill, the ayes were 133, nays 8.
The Bill, having received the requisite constitutional majority, was passed.
SB 256. By Senator Pounds of the 20th:
A Bill to be entitled an Act to amend an Act relating to use of right of ways allowing the State Highway Department and county governing
1270
JOURNAL OF THE HOUSE.
authorities rights to grant permits to those engaged in mining clays to operate pipelines under right of ways; 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.:
Adams Alien Ballard Barber Barrett Baughman Birdsong Black Blalock of Coweta Blalock of Clayton Bodenhamer Boggs Brackin Brennan Brooks of Oglethorpe Brooks of Fulton Broome Busbee Callier Carlisle Carr Carswell Carter Cheatham Cheek Cloud Coalson Cocke Cowart Craven Denmark Dorminy Duncan Echols Elder Ellis Eyler Fellows Floyd Flynt
Fowler of Douglas Fowler of Treutlen Frazier Fuqua Gowen Griffith Grimsley Gross of Stephens Gross of Dade Hall of Lee Hardaway Harrison Helms Henderson Hill Hodges of Ware Hodges of Butts Hogan Holcombe Holloway Hurst Ingle Irvin Johnson
Jones of Wayne Jones of Worth Jones of Laurens Jones of Crawford Kennedy Key Kidd Killian Lam Lancaster Land Lanier Larkins Lee Lokey Long
Mackay Mann Martin Matthews Miles Miller of Twiggs Miller of Elbert Mobley Moorman Morris Moss Murphy Musgrove McCracken McGibony McKenna Neese Newton Nichols Odom Parker of Pike Parker of Ware Parker of Appling Pelham Perkins Perry Peters Pettey Phillips of Columbia Phillips of Walton Pickard Pickett Ramsey Raulerson Ray Reed Roberts Rodgers of Charlton Rogers of Heard
Rowland
THURSDAY, FEBRUARY 20, 1958
1271
Rutland Singer Smith of Emanuel Smith of Lamar Smith of Whitfield Souter Stephens Story Summers
Tabb Tamplin Tarpley Taylor Todd Twitty Underwood Veal Watson
Weems Wells White Willingham Wilson Winkle Yandle Young
On the passage of the Bill, the ayes were 146, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
By unanimous consent, the Clerk was directed to correct a typographical error in HB 790.
The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto:
HB 790. By Messrs. Rowland of Johnson, McGibony of Greene and others:
A Bill to be entitled an Act to amend an Act establishing the State Employees' Retirement System; and for other purposes.
The following Senate amendment was read:
The Judiciary Committee of the Senate amends HB 790 as follows: by striking from the second line of Section 1, sub-paragraph 1 the following words: "on the effective date of this Act", and by inserting in lieu thereof the words "on or after December 1, 1956."
Also by striking from the second and third lines of Section 1, subparagraph 4, the words "on the effective date of this Act" and by inserting in lieu thereof the words "on or after December 1, 1956."
Mr. Rowland of Johnson moved that the House disagree to the Senate amendment, and the motion prevailed.
The Senate amendment to HB 790 was disagreed to.
The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has passed as amended by the requisite constitutional majority the following Bills and Resolutions of the House to wit:
HB 789. By Mr. Hawkins of Screvens:
A Bill to be entitled an Act to amend an Act relating to purposes for which counties may levy taxes, to authorize any county the right to levy a tax for school lunches; and for other purposes.
1272
JOURNAL OP THE HOUSE.
HB 1055. By Messrs. Moate of Hancock, Hawkins of Screven and Jessup of Bleckley:
A Bill to be entitled an Act to provide for election of President and Vice President of United States; to provide for nomination of party candidates; and for other purposes.
HE 408. By Mr. Miller of Elbert: A Resolution compensating James W. Ray; 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 of the House to wit:
HB 1036. By Messrs. M. Smith of Pulton, Holcombe of Cobb and Cheatham of Chatham:
A Bill to be entitled an Act to amend an Act providing that streets lying within corporate limits of municipalities forming continuation of State-Aid roads, shall become a part of State-Aid system; and for other purposes.
Under the order of business established by the Committee on Rules, the following Bill of the Senate was taken up for consideration and read the third time:
SB 211. By Senator Hawes of the 30th:
A Bill to be entitled an Act to amend the Code, relating to the appli cation for a marriage license; and for other purposes.
The following substitute was read:
By Messrs. Albert Campbell and William Campbell of Walker:
A BILL
To be entitled an Act to amend Code Section 53-202, relating to the application for a marriage license, so as to provide for a waiting period for such license; to provide an effective date; to repeal con flicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 53-202, relating to the application for a marriage license, is hereby amended by adding at the end thereof the following:
"Provided, however, that no marriage license shall be issued earlier than three days following the application therefor, and any person who issues such license in violation of this proviso shall be guilty of a misdemeaner, and upon conviction thereof, shall be punished as for a misdemeanor. Provided further, however, that
THURSDAY, FEBRUARY 20, 1958
1273
the preceding proviso shall not apply in any case where the parties to the marriage are at least twenty-one (21) years of age and shall not apply in any case where the proposed wife is pregnant, pro viding that the proposed wife executes an affidavit to the fact that she is pregnant, regardless of the age of either party."
so that when so amended, Section 53-202 shall read as follows:
"53-202. A marriage license shall be issued on written appli cation therefor made by the person seeking such license, verified by oath of the applicant, which application shall state that there is no legal impediment to the marriage, and shall give the full name of the proposed husband, with date of birth, present address, and name of his father and mother if known, and if unknown shall so state, with present name of the proposed wife with date of her birth and present address with the name of her father and mother if known, and if unknown shall so state.
Provided, however, that no marriage license shall be issued earlier than three days following the application therefor, and any person who issues such license in violation of this proviso shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished as for a misdemeanor. Provided further, however, that the preceding proviso shall not apply in any case where the parties to the marriage are at least twenty-one (21) years of age and shall not apply in any case where the proposed wife is pregnant, providing that the proposed wife executes an affidavit to the fact that she is pregnant, regardless of the age of either party. No license shall be issued between 6:00 P.M. and 8:00 A.M."
Section 2. The provisions of this Act shall become effective on September 15, 1958.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
On the adoption of the substitute, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Alien Bagby Barber Baughman Blalock of Coweta Bodenhamer Brooks of Oglethorpe Broome Cagle A. Campbell of
Walker W. Campbell of
Walker Carter Cheek Cloud Coalson
Cocke Cowart Denmark Floyd Fowler of Douglas Frazier Gowen Green of Rabun Greene of Bartow Griffith Grimsley Gross of Stephens Gross of Dade Hall of Floyd Hardaway Harper Hawking
Hendrix Hodges of Butts Holley Huddleston Hurst Ingle Irvin Johnson Jones of Wayne Jones of Worih Jones of Baker Jones of Sumter Kennedy Killian Lancaster Land Larkins
1274
JOURNAL OF THE HOUSE,
Lindsey Lokey Long Love Mackay Martin Matthews Miles Miller of Twiggs Moorman Morris Mull
Murphy Murr Musgrove McCracken McGibony
Neese Newton Nilan Odom Orr Perkins Perry Pettey Phillips of Columbia Pickard Pickett Ramsey Raulerson Rodgers of Charlton Rogers of Heard Rowland Scoggin
Sheffield Sivell Smith of Fulton Smith of Whitfield Souter Stephens Tabb Tamplin Tarpley Taylor Twitty Underwood Weems White Winkle Yandle Young
Those voting in the negative were Messrs.:
Adams Ballard Barrett Birdsong Black Blalock of Clayton Brackin Brennan Busbee Callier Carlisle Carswell Dorminy Duncan Echols Elder Ellis
Eyler Fellows Flynt Fowler of Treutlen Fuqua Hall of Lee Henderson Hill Holcombe Holloway Lam Lee Mann Miller of Elbert
Mobley Moss McKenna
Palmer Pelham Peters Ray Reed Roberts Rutland Smith of Emanuel Smith of Bryan Story Summers Veal Willingham Wilson Wooten Wright of Dodge
On the adoption of the substitute, the ayes were 100, nays 50.
The substitute was adopted.
The previous 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 roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Alien Bagby
Ballard Barber Barrett
Baughman Birdsong Blalock of Coweta
THURSDAY, FEBRUARY 20, 1958
1275
Blalock of Clayton Bodenhamer Brennan Brooks of Oglethorpe Brooks of Fulton
Broome Busbee Cagle Caldwell Callier A. Campbell of
Walker W. Campbell of
Walker Carlisle Carr Cars well Carter Cheatham Cheek Cloud Coalson Cocke Craven Denmark Duncan Echols Elder Ellis Eyler Fellows Floyd Flynt Fowler of Douglas Fowler of Treutlen
Frazier
Fuqua Gowen Green of Rabun Greene of Bartow
Griffith Grimsley Gross of Stephens Gross of Dade Gunter Hall of Floyd Hall of Lee Hardaway Hawkins
Hendrix Hill Hodges of Ware Hodges of Butts Holcombe Holley Holloway Huddleston Hurst Ingle Irvin Johnson Jones of Wayne Jones of Worth Jones of Lumpkin Jones of Laurens Jones of Sumter Kelley Kennedy Killian Lancaster Land Lanier Larkins
Lee Lindsey Lokey Love Mackay Martin Matthews Miles Miller of Twiggs Miller of Elbert Mobley Moorman Morris Moss Murphy Murr Musgrove McCracken McGibony McKenna Neese Newton Nichols Odom Orr
Overby Palmer Parker of Pike Parker of Ware Parker of Appling Pelham
Perry Peters Pettey Phillips of Columbia Pickard Pickett Ramsey Ray Reed Roberts Rodgers of Charlton Rogers of Heard Rutland Scoggin Sheffield Sivell Smith of Emanuel Smith of Fulton Smith of Whitfield Smith of Bryan Souter Stephens Story Summers Tabb Tamplin Tarpley Taylor Todd Twitty Underwood Watson Weems Wells White Willingham Wilson Winkle Wooten Wright of Floyd Yandle Young
Those voting in the negative were Messrs.:
Brackin Mann
Raulerson Ross
Rowland Veal
On the passage of the Bill, by substitute, the ayes were 153, nays 6.
1276
JOURNAL OF THE HOUSE,
The Bill, having received the requisite constitutional majority, was passed, by substitute.
The following Bills of the House were taken up for the purpose of considering the Senate substitutes and amendments thereto:
HB 1055. By Messrs. Moate of Hancock, Hawkins of Screven and Jessup of Bleckley:
A Bill to be entitled an Act to provide for election of President and Vice President of the United States; and for other purposes.
The following Senate amendment was read:
Senate Rules Committee moves to amend HB 1055 as follows: By striking Section 11 in its entirety and substituting in lieu thereof a new Section as follows:
"Section 11. This Act shall be effective upon the Governor's signature for a period of 4 years only and upon expiration of 4 years from the date of such signature the provisions of this Act shall be void and of no effect."
"Section 12. All laws or parts of laws in conflict with this Act are hereby repealed."
Mr. Hawkins of Screven moved that the House disagree to the Senate amendment, and the motion prevailed.
The Senate amendment to HB 1055 was disagreed to.
HB 1036. By Messrs. Smith of Pulton, Holcombe of Cobb and Cheatham of Chatham:
A Bill to be entitled an Act to amend an Act providing that streets lying within corporate limits of municipalities forming a continuation of States-Aid roads, shall become a part of State-Aid system; and for other purposes.
The following Senate substitute was read:
A BILL
To be entitled an Act to provide for the allocation by the State Highway Department to the several municipalities of this State of a certain sum for the maintenance of municipal highways; to provide for the method and amount of such allocations; to provide for the amount of such allocations to be received by or expended in each municipality of this State; to provide for accumulation of allocations; to provide for a method of determining highway mileage; to define certain terms used in this Act; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. For the purposes of this Act, the phrase "county high-
THURSDAY, FEBRUARY 20, 1958
1277
way" shall mean any State-aid road located outside the corporate limits of the municipalities of this State, and the phrase "municipal highway" shall mean any street or part of a street lying within the corporate limits of any municipality of this State and forming a continuation of, or a link in, the State-aid system of roads in this State.
Section 2. The State Highway Department is hereby authorized and directed to allocate to and to expend in or pay to the several municipalities of this State a certain part of its annual appropriation for the purpose of maintaining municipal highways lying within the corporate limits of such municipalities. The total amount allocated by this Act shall be equal to the total mileage of all municipal highways in this State multiplied by the average cost per mile for the maintenance of county highways during the preceding fiscal year. Such allocation shall be made annually. The State Highway Department shall determine whether it shall expend the sums involved directly or pay such sums to the individual municipalities of this State.
Section 3. Each municipality of the State shall be entitled to receive or have expended within its corporate limits for the purposes of this Act that percentage of the total amount allocated which the mileage of the municipal highways within said municipality bears to the total mileage of municipal highways in the State.
Section 4. Any allocation under this Act not paid or expended during the fiscal year allocated shall accumulate to the credit of the individual municipalities of this State. Such accumulations shall be for periods of four successive fiscal years. The first such period shall consist of the fiscal years, July 1, 1958-June 30, 1959, July 1, 1959-June 30, 1960, July 1, 1960-June 30, 1961, and July 1, 1961-June 30, 1962. The State Highway Department may during any such four year period use the amount accumulated to the credit of any municipality for the pur poses of this Act in any other municipality provided that suitable ad justment is made prior to the end of each such four year period.
Section 5. In determining mileage for the purposes of this Act, the State Highway Department shall count as one mile a portion of highway one mile in length and twenty-four feet (24') in width.
Section 6. This Act shall become effective, and the first allocation made hereunder on July 1, 1958.
Section 7. All laws or parts of laws in conflict with this Act are hereby repealed.
Mr. Smith of Fulton 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 Barber Barrett Baughman Black Blalock of Clayton Bodenhamer Brennan
Brooks of Oglethorpe Brooks of Fulton Broome Busbee Cagle Caldwell Carlisle Carter
Chastain Cheatham Cheek Cloud Coalson Cowart Craven Duncan
1278
JOURNAL OF THE HOUSE,
Echols Ellis Flynt Fowler of Douglas Fowler of Treutlen Fuqua Gowen Green of Rabun Griffith Grimsley Gross of Stephens Gross of Dade Gunter Hall of Floyd Hall of Lee Harper Harrison Hawkins Hodges of Ware Hodges of Butts Holcombe Holley Holloway
Huddleston Ingle Irvin Johnson Jones of Lumpkin Jones of Crawford Kelley Kennedy Kidd
Killian Lam Lancaster Lee Lokey Love
Mackay Martin Matthews Miles Miller of Elbert Mobley Moorman Morris Moss Murphy Musgrove McClelland McCracken McGibony McKenna Neese Newton Nichols Nilan Odom Orr Overby Palmer Parker of Appling Pelham Peters
Phillips of Columbia Pickard Pickett Ray Reed Rodgers of Charlton Rogers of Heard Rutland Sivell Smith of Emanuel Smith of Fulton Smith of Whitfield Smith of Bryan Stephens Story Tamplin Tarpley Taylor Twitty Underwood Watson Weems Wells White Willingham Willis Wilson Winkle Wooten Wright of Floyd Yandle
On the motion to agree, the ayes were 119, nays 0.
The Senate substitute to HB 1036 was agreed to.
The following Bill of the House was taken up for the purpose of considering the Conference Committee Report thereon:
HB 844. By Messrs. Reed and Willingham of Cobb and others:
A Bill to be entitled an Act to amend an Act to provide for a State Tort Claims Act; and for other purposes.
The following Report of the Committee on Conference was read:
Conference Committee of the House and Senate on HB 844:
Conference Committee composed of the undersigned members of the House and Senate do hereby recommend that Second Senate Amend ment adopted February 19, 1958, be amended by striking Section 6 as amended, and inserting in lieu thereof the following:
"Every claim against the State of Georgia cognizable under
THURSDAY, FEBRUARY 20, 1958
1279
this Act shall be forever barred unless the suit is filed within one year after the cause of action has accrued."
Trotter of 37th Bentley of 39th E. L. Rowland R. M. Reed Wm. M. Campbell
Mr, Reed of Cobb moved that the House adopt the Conference Committee report.
On the motion to adopt, the roll call was ordered and the vote was as follows:
Voting in the affirmative were Messrs.:
Adams Alien Ballard Barber Barrett Baughman Birdsong Black Blalock of Clayton Bodenhamer Brackin Brennan Brooks of Fulton Broome Busbee Cagle Callier A. Campbell of
Walker W. Campbell of
Walker Carlisle Carr Carter Chastain Cheatham Cheek Cloud Coalson Cocke Cowart Craven Dorminy Duncan Elder Ellis Eyler Floyd Fowler of Douglas Frazier Fuqua
Gowen Greene of Bartow Griffith Gross of Stephens Gross of Dade Gunter Hall of Lee Harper Harrison Hawkins Hill Hodges of Butts Holcombe Holley Holloway Ingle Irvin Jones of Wayne Jones of Lumpkin Jones of Laurens Jones of Crawford Kelley Kennedy Kidd Killian Lam Lancaster Land Lanier Lindsey Long Mackay Martin Matthews Miles Moorman Moss Murphy McClelland McCracken McGibony
McKenna Neese Newton Nichols Odom Orr Overby Palmer Parker of Appling Peters Phillips of Columbia Pickett Ramsey Reed Roberts Rodgers of Charlton Rogers of Heard Ross Rutland Sivell Smith of Fulton Souter Story Tabb Tamplin Tarpley Taylor Todd Twitty Underwood Veal Watson Weems Wells White Willingham Willis Wilson Wooten Yandle Young
1280
JOURNAL OP THE HOUSE.
On the adoption of the Conference Committee Report, the ayes were 121, nays 0.
The Conference Committee Report on HB 844 was adopted.
Under the order of business established by the Committee on Rules, the following Bills of the Senate were taken up for consideration and read the third time:
SB 213. By Senators Cox of the 50th, Brown of the 19th and Ellard of the 31st:
A Bill to be entitled an Act to provide that any person, firm or corpora tion that shall sell, give or make available any dynamite cap or like device to a minor shall be guilty of a misdemeanor; 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.:
Adams Alien Bagby Ballard Barber Baughman Birdsong Black Blalock of Coweta Blalock of Clayton Bodenhamer Brackin Brennan Brooks of Oglethorpe Brooks of Fulton Broome Busbee Cagle Callier A. Campbell of
Walker W. Campbell of
Walker Carlisle Carr Carswell Carter
Chastain Cheek Cloud Coalson Cocke Cowart Craven Crummey Dorminy Duncan Ellis Eyler Fellows Floyd Flynt Fowler of Douglas Fowler of Treutlen Frazier Fuqua Gowen Green of Rabun Greene of Bartow Griffith Gross of Stephens Gunter Hall of Floyd Hall of Lee
Hardaway Harper Harrison Hill Hodges of Ware Hodges of Butts Hogan Holcombe Holley Holloway Hurst Ingle Irvin Johnson Jones of Wayne Jones of Lumpkin Jones of Baker Jones of Laurens Jones of Crawford Kelley Kennedy Kidd Killian Lam Lancaster Land Lanier
THURSDAY, FEBRUARY 20, 1958
1281
Lee Lindsey Lokey Long Mackay Mann Martin Matthews Miles Miller of Twiggs Miller of Elbert Mobley Moorman Morris Moss Murphy Murr Musgrove McClelland McCracken McGibony McKenna Neese Newton
Nichols Odom Overby Palmer Parker of Appling Pelham Perkins Perry Peters Phillips of Columbia Pickard Pickett Ramsey Raulerson Ray Reed Rodgers of Charlton Rogers of Heard Ross Rowland Sheffield Sivell Smith of Emanuel Smith of Fulton
Smith of Whitfield Souter Stephens Story Summers Tabb Tamplin Tarpley Taylor Todd Twitty Underwood Veal Watson Weems Wells White Willis Wooten Wright of Floyd Wright of Dodge Yandle
On the passage of the Bill, the ayes were 149, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
SB 180. By Senator Sanders of the 18th:
A Bill to be entitled an Act to amend the Corporation Act of 1938, so as to provide that all meetings of incorporators shall be held with 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 roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Alien Ballard Barber Baughman Birdsong Black Blalock of Coweta
Blalock of Clayton Bodenhamer Brackin Brennan Brooks of Oglethorpe Brooks of Fiilton Broome Budd
Busbee Cagle Caldwell Callier A. Campbell of
Walker W. Campbell of
Walker
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JOURNAL OF THE HOUSE,
Carlisle Carr Carter Chastain Cheek Coalson Cocke Cowart Craven Crummey Dorminy Duncan Eyler Fellows Floyd Flynt Fowler of Douglas Fowler of Treutlen Frazier Fuqua Gowen Greene of Bartow Griffith Gross of Stephens Gunter Hall of Floyd Hall of Lee Harper Harrison Henderson Hill Hodges of Ware Hodges of Butts Hogan Holcombe Holley Holloway Huddleston Ingle
Irvin Johnson Jones of Crawford Jones of Wayne Jones of Lumpkin Jones of Laurens Kelley Kennedy Kidd Killian Lam Lancaster Lanier Larkins Lee Lokey Long Love Mackay Martin Matthews Miles Miller of Twiggs Mobley Moorman Morris Moss Murphy Murr Musgrove McCracken McGibony McKenna Neese Newton Nichols Nilan Odom Overby
Palmer Parker of Appling Perry Pettey Phillips of Columbia Phillips of Walton Pickard Pickett Ramsey Raulerson Ray Reed Rodgers of Charlton Rogers of Heard Smith of Emanuel Smith of Whitfield Smith of Bryan
Souter Stephens Story Tabb Tamplin Tarpley Taylor Todd Twitty Underwood Weems Wells White Willingham Willis Wilson Wooten Wright of Floyd Wright of Dodge Yandle
On the passage of the Bill, the ayes were 137, nays 0. The Bill, having received the requisite constitutional majority, was passed.
SB 226. By Senator Pound of the 20th:
A Bill to be entitled an Act to amend the Code relating to duties of the Clerk of Ordinary or Ordinary; 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 20, 1958
1283
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 Ballard Barber Barrett Baughman Black Blalock of Clayton Bodenhamer Brackin Brennan Brooks of Oglethorpe Brooks of Fulton Broome Busbee Cagle Caldwell Callier A. Campbell of
Walker W. Campbell of
Walker Carlisle Carr Carswell Carter Chastain Cheatham Cheek Coalson Cocke Cowart Craven Crummey Duncan Echols Eyler Fellows Floyd Fowler of Douglas Fowler of Treutlen Frazier Gowen Green of Rabun Greene of Bartow
Griffith Gross of Stephens Gunter Hall of Lee Hardaway Harper Harrison Hawkins Helms Henderson Hill Hodges of Ware Hogan Holley Holloway Huddleston Ingle Irvin Johnson Jones of Wayne Jones of Laurens Jones of Crawford Kelley Kennedy Kidd Killian Lam Lancaster Lanier Larkins Lee Lindsey Lokey Love Mackay Martin Matthews Miles Miller of Twiggs Miller of Elbert Mobley Moorman Moss Murphy
Murr McCracken McGibony McKenna Neese Newton Nichols Orr Overby Palmer Pelham Perry Peters Pettey Phillips of Columbia Phillips of Walton Pickett Raulerson Reed Rogers of Heard Rowland Scoggin Sheffield Sivell Smith of Emanuel Smith of Whitfield Smith of Bryan Stephens Story Summers Tabb Tamplin Tarpley Taylor Todd Twitty Watson Weems Wells White Willis Wilson Wooten Yandle
On the passage of the Bill, the ayes were 120, nays 0.
The Bill having received the requisite constitutional majority, was passed.
SB 297. By Senators Hill of the 54th, Foster of the 26th, Butts of the 12th, Adams of the 15th, Gillis of the 16th, and Newman of the 38th:
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JOURNAL OF THE HOUSE,
A Bill to be entitled an Act to amend an Act revising the laws relating to the State Board of Corrections; 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 Ballard Barber Baughman Birdsong Boggs Brooks of Oglethorpe Cagle Caldwell A. Campbell of
Walker W. Campbell of
Walker Carlisle Carr Carswell Carter Chastain Cheek Cloud Coalson Cocke Craven Duncan Elder Floyd Fordham Fowler of Douglas Gowen Greene of Bartow Griffith
Grimsley Gross of Stephens Gunter Hall of Floyd Hall of Lee Hardaway Hawkins Henderson Hill Hogan Holcombe Jones of Wayne Jones of Lumpkin Jones of Laurents Kelley Kidd Killian Lam Lancaster Land Lanier Lokey Lott Mackay Mann Martin Matthews Murphy Murr Musgrove McCracken McGibony
Nilan Orr Parker of Appling Pelham Perry Peters Pettey Phillips of Columbia Phillips of Walton Pickard Pickett Rodgers of Charlton Rogers of Heard Rowland Scoggin Sivell Smith of Emanuel Smith of Whitfield Souter Stephens Summers Tamplin Tarpley Underwood Veal Walker of Lowndes Watson Weems Winkle Wooten Wright of Floyd Young
Those voting in the negative were Messrs.:
Adams Black Brennan Ellis Fellows
Fowler of Treutlen Frazier Harrison Hodges of Ware Hodges of Butts
Ingle Long-
Miles Miller of Elbert Moorman
THURSDAY, FEBRUARY 20, 1958
1285
Moss McKenna Newton Palmer Parker of Ware
Perkins Ramsey Raulerson Sheffield Smith of Bryan
Story Tabb White Wilson Yandle
On the passage of the_ Bill, the ayes were 94, nays 30.
The Bill, having failed to receive the requisite constitutional majority, was lost.
Mr. Brooks of Oglethorpe gave notice that at the proper time he would move that the House reconsider its action in failing to pass SB 297.
SB 229. By Senator McGarity of the 35th:
A Bill to be entitled an Act to amend an Act relating to qualifications of agents for the Georgia Bureau of Investigation; 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 Barrett Baughman Birdsong Blalock of Clayton Boggs Brackin Brennan Brooks of Oglethorpe Brooks of Fulton Caldwell Carlisle Carr Carter Cheek Elder Ellis Fordham Fuqua Griffith Gross of Stephens Hall of Floyd
Hawldns Helms Henderson Holcombe Irvin Jones of Wayne Jones of Crawford Kennedy Kidd Lam Land Lee Love Mackay Martin Matthews Miller of Twiggs Moss Murphy McCracken Newton Nichols Pelham
Perkins Perry Peters Pettey Phillips of Walton Reed Rowland Scoggin Sheffield Smith of Emanuel Smith of Fulton Smith of Whitfield Stephens Story Summers Tabb Tamplin Tarpley Twitty Veal Watson Wells Willingham
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JOURNAL OF THE HOUSE,
Those voting in the negative were Messrs.:
Adams Ballard Black Blalock of Coweta Broome Burkhalter Busbee Cagle Cloud Cowart Craven Crummey Duncan Eyler Fellows Floyd
Fowler of Treutlen Frazier Greene of Bartow Harper Hodges of Ware Hodges of Butts Hogan Ingle Jones of Laurens Kelley Killian Lancaster Larkins Long Lott Moorman
Morris Murr Musgrove McKenna Orr Parker of Ware Ramsey Roberts Ross Smith of Bryan Taylor Underwood Weems Wooten
On the passage of the Bill, the ayes were 69, nays 46.
The Bill, having failed to receive the requisite constitutional majority, was lost.
Mr. Holcombe of Cobb gave notice that at the proper time he would move that the House reconsider its action in failing to pass SB 229.
SB 248. By Senators Williams of the 49th and Sanders of the 18th:
A Bill to be entitled an Act to create a Georgia Recreation Commission; and for other purposes.
The following amendment was read and adopted:
Mr. Smith of Emanuel moves to amend SB 248 by adding to Section 4, subsection (j) the following "And shall be paid such salary as the Commission may from time to time fix; provided that such salary shall not exceed $7200.00 per annum.
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 roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Alien Bagby Ballard Barber
Barrett Baughman Birdsong Black
Blalock of Coweta Blalock of Clayton Boggs Brackin
THURSDAY, FEBRUARY 20, 1958
1287
Brennan Brooks of Oglethorpe Brooks of Fulton Broome Budd Busbee Cagle Caldwell A. Campbell of
Walker W. Campbell of
Walker Carlisle Carr Carswell Carter Cheatham Cheek Cloud Coalson Cowart Craven Dorminy Duncan Echols Elder Ellis Eyler Floyd Flynt Fordham Gowen Green of Rabun Greene of Bartow Griffith Gross of Stephens Gunter Hall of Floyd Hardaway Harper Harrison Helms Henderson
Hill Hodges of Butts Hogan Holcombe Holloway Hurst Ingle Irvin Johnson Jones of Wayne Jones of Worth Jones of Lumpkin Jones of Baker Jones of Laurens Jones of Crawford Kelley Kennedy Kidd Killian Lam Lancaster Land Lanier Lee Lindsey Lokey Love Mackay Mann Matthews Miller of Elbert Mobley Moorman Morris Moss Murphy Murr Musgrove McGibony McKenna Neese Nichols Nilan
Odom Orr Overby Palmer Parker of Pike Parker of Appling Perry Peters Phillips of Walton Ramsey Raulerson Ray Reed Rodgers of Charlton Rogers of Heard Ross Rutland Scoggin Sheffield Smith of Emanuel Smith of Lamar Smith of Whitfield Smith of Bryan Stephens Story Summers Tabb Tarpley Twitty Underwood Veal Watson Weems Wells White Willingham Wilson Winkle Wooten Wright of Floyd Yandle
Those voting in the negative were Messrs.:
Parker of Ware
Walker of Lowndes
On the passage of the Bill, as amended, the ayes were 137, nays 2.
The Bill, having received the requisite constitutional majority, was passed, as amended.
SB 219. By Senator Hawes of the 30th: A Bill to be entitled an Act to authorize the State Highway Depart-
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JOURNAL OF THE HOUSE.
merit to reimburse the State Department of Law for expenses incurred for legal services by any Assistant Attorney General or Deputy Assist ant Attorney General assigned to do legal work to acquire rights-of-way on State Road System; and for other purposes.
The following amendment was read and adopted:
Mr. Morris of Tift and Mr. Kennedy of Turner moves to amend SB 219 by adding at the end of Section 1, the following:
"PROVIDED FURTHER that the State Highway Department shall also reimburse the Counties of this State for legal expenses as hereinabove enumerated, incurred by them in acquiring rightsof-way for highway construction, or alterations for highways, which are on the interstate system of highways".
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 roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Bagby Ballard Barber Barrett Baughman Birdsong Black Blalock of Coweta Bodenhamer Boggs Brackin Brennan Brooks of Oglethorpe Broome Budd Busbee W. Campbell of
Walker Carlisle Carr Carter Cheatham Cheek Cloud Coalson Cocke Cowart
Craven Crummey Duncan Elder Eyler Fellows Floyd Flynt Fowler of Douglas Frazier Fuqua Gowen Greene of Bartow Griffith Gross of Stephens Gunter Hall of Floyd Hall of Lee Harper Harrison Hawkins Helms Henderson Hill Hodges of Ware Hodges of Butts Hogan Holcombe
Holloway Huddleston Hurst Ingle Irvin Johnson Jones of Wayne Jones of Worth Jones of Lumpkin Jones of Laurens Jones of Crawford Kelley Kennedy Kidd Lam Lancaster Land Lanier Lokey Long Love Mackay Mann Matthews Miller of Twiggs Miller of Elbert Mobley Moorman
THURSDAY, FEBRUARY 20, 1958
1289
Morris Moss Murphy Murr Musgrove McGibony McKenna Neese Newton Nichols Odom Orr Overby Palmer Parker of Ware Parker of Appling Perkins Perry Peters Phillips of Walton
Pickett Ramsey Raulerson Ray Reed Roberts Rodgers of Charlton Rogers of Heard Ross Rutland Scoggin Siveil Smith of Emanuel Smith of Fulton Smith of Whitfield Smith of Bryan Souter Stephens Story Summers
Tabb Tamplin Tarpley Taylor Todd Twiity Underwood Veal Walker of Lowndes Watson Weems Wells White Willing-ham Willis Winkle Wooten Wright of Floyd Yandle Young
On the passage of the Bill, as amended, the ayes were 143, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
The following Resolution of the House was taken up for the purpose of considering the Senate substitute thereto:
HR 379-894e. By Messrs. Walker and Budd of Lowndes:
A Resolution proposing an amendment to the Constitution so as to provide that the Board of Education of Lowndes County shall be com posed of five members; and for other purposes.
The following Senate substitute was read:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide that the Board of Education of Lowndes County shall be composed of five members elected by the people; to prescribe the procedure connected with the foregoing; to provide for terms of the members of the County Board of Education; to provide for elections; to provide for a referen dum to determine if the County School Superintendent shall be ap pointed by the County Board of Education; 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 Constitu tion as amended, relating to County Boards of Education, is hereby amended by adding at the end thereof the following:
"The Board of Education of Lowndes County shall be com-
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JOURNAL OP THE HOUSE,
posed of five members to be elected by the qualified voters of Lowndes County residing outside the area embraced in any inde pendent school system located therein. The members of the Board of Education shall be elected from candidates residing outside the area embraced within any independent school system located in Lowndes County.
"In the event this amendment is ratified, it shall be the duty of the Ordinary of Lowndes County to issue the call for an election, and he shall set the date for such election on December 3, 1958, for the purpose of electing a successor to the appointive member of the existing Board of Education of Lowndes County that expires on December 31, 1958. 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 thereof in the official organ of Lowndes County. The candidate receiving the highest number of votes at such election shall serve for a term of four (4) years and until his successor is elected and qualified. Thereafter, it shall be the duty of the Ordinary of Lowndes County to issue a call for an election to be held at the same time as the election for members of the General Assembly in the year 1960 for the purpose of elect/ing a successor to the appointive members of the Board of Education of Lowndes County whose terms expire on December 31, 1959, and December 31, 1960. The candidate at such election receiving the highest number of votes and the candidate not from the same militia district receiving the next higher number of votes shall serve for a term of four (4) years and until their successors are elected and qualified. The appointive member whose term expires on December 31, 1959, shall continue to serve until December 31, 1960, and until his successor is elected and qualified. Thereafter, it shall be the duty of the Ordinary of Lowndes County to issue the call for an election to be held at the same time that members of the General Assembly are elected in the year, 1962, for the purpose of electing successors to the appointive members of the Board of Education of Lowndes County in existence at the time of the ratification of this amendment whose terms expire on December 31, 1961, and December 31, 1962. The candidate receiving the highest number of votes at such election and the candidate not from the same militia district receiving the next higher number of votes shall serve for a term of four (4) years and until their successors are elected and qualified. The appointive member whose term expires on December 31, 1961, shall continue to serve until December 31, 1962, and until his successor is elected and qualified. It shall be the duty of the Ordinary of Lowndes County to publish the date and purpose of each such election at least once preceding the date thereof in the official organ of Lowndes County. The members elected at each such election shall take office on January first following the date of such election. Thereafter, elections for members of the Board of Education of Lowndes County shall be held at the same time that members of the General Assembly are elected, and such election shall be for a term of four (4) years and until their successors are elected and qualified. The members so elected shall assume office on Janu ary first following the date of their election. It is the intent and purpose of this amendment to provide for the election of the mem bers of the Board of Education of Lowndes County at the same time that members of the General Assembly from Lowndes County are
THURSDAY, FEBRUARY 20, 1958
1291
elected immediately preceding the expiration of their term of office. At any such election where one (1) member is to be elected, the person receiving the highest number of votes shall be elected. At any such election when two (2) persons are to be elected, the person receiving the highest number of votes, and the person not from the same militia district receiving the next highest number of votes shall be elected.
"The Board of Education of Lowndes County in office at the time of the ratification of this amendment shall continue to serve un til the successors to the appointive members thereof are elected and qualified, as provided in this amendment. No appointment as a member of the Board of Education shall be made by the Grand Jury of Lowndes County, except to fill the remainder of an unexpired term for an appontive member whose election is not other wise provided in this amendment. The appointive County Board of Education shall stand abolished, effective as of December 31, 1962.
"Only the registered voters in Lowndes County who reside outside the corporate limits of the City of Valdosta shall determine whether this amendment shall become effective, it being the ex pressed intent of the General Assembly to exclude those voters residing within the corporate limits of the City of Valdosta from voting on the ratification or rejection of this amendment.
"The County Board of Education as provided herein shall be subjects to all constitutional and statutory provisions relative to County Boards of Education unless in conflict with the provisions of this amendment.
"In the event of a vacancy on said Board for any cause other than the expiration of a term of office, the remaining members of the Board shall elect a person to serve for the unexpired term. The elective office of County School Superintendent of Lowndes County is hereby abolished, effective as of December 31, 1960 or in the event of the vacancy of such office prior to such date upon the occurrence of such vacancy. On and after such date, the County School Superintendent of Lowndes County shall be ap pointed by and shall serve at the pleasure of the Board of Educacation of Lowndes County created hereunder. The Board shall determine the qualifications, responsibilities, duties, authority and compensation of the County School Superintendent of Lowndes County. In the event this amendment is ratified, it shall be the duty of the Ordinary to issue the call for an election for the pur pose of submitting this paragraph to the voters of Lowndes County residing outside the area embraced in any independent school systems located therein. The Ordinary shall set the date for such election on December 3, 1958. The Ordinary shall cause the date and purpose of the election to be published at least once preceding the date thereof. The ballot shall have written or printed thereon the words:
'For approval of the Paragraph providing for appointment of the County School Superintendent by the Board of Education.
'Against approval of the Paragraph providing for appointment of the County School Superintendent by the Board of Education.'
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JOURNAL OP THE HOUSE,
"All persons desiring to vote in favor of the Paragraph shall vote for approval, and those persons desiring to vote for rejection of the Paragraph shall vote against approval. If a majority of the votes cast on such question are for approval of the Paragraph, it shall become of full force and effect. If a majority of the votes cast on such question are against approval of the Paragraph, it shall be void and of no force and effect. The expense of such election shall be borne by Lowndes County. It shall be the duty of the Ordinary to hold and conduct such election. He shall hold such election under the same laws and rules and regulations as govern general elections, except as otherwise provided herein. It shall be the duty of the Ordinary to canvass the returns and declare and certify the result of the election. It shall be his further duty to certify the result thereof to the Secretary of Sate."
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, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
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 that the Board of Education of Lowndes County shall be composed of five members elected by the people.
"Against ratification of amendment to the Constitution so as to provide that the Board of Education of Lowndes County shall be composed of five members elected by the people."
All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification.
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.
Mr. Holcombe of Cobb 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 Bagby Ballard Barber Barrett Baughman
Birdsong Black Blalock of Coweta Bodenhamer Bolton Brackin
Brennan Brooks of Oglethorpe Broome Budd Busbee Cagle
THURSDAY, FEBRUARY 20, 1958
1293
Callier A. Campbell of
Walker W. Campbell of
Walker Carlisle Carr Carswell Carter Chastain Cheatham Cheek Cloud Coalson Cocke Co wart Craven Crummey Denmark Duncan Echols Elder Eyler Fellows Floyd Flynt Fowler of Douglas Fowler of Treutlen Frazier Gowen Green of Rabun Greene of Bartow Griffith Gross of Stephens Gunter Hall of Floyd Hall of Lee Hardaway Harper Harrison
Hawkins
Helms
Henderson
Hendrix
Hill
Hodges of Ware
Hodges of Butts
Hogan
Holcombe Holley Holloway Huddleston Hurst Ingle Irvin Johnson Jones of Wayne Jones of Worth Jones of Lumpkin Jones of Baker Jones of Laurens Jones of Crawford Kelley Kennedy Kidd Killian King Lam Lancaster Land Lanier Lindsey Lokey Long Lott Love Mann Matthews Miller of Twiggs Miller of Elbert Mobley Moorman Morris Moss Murphy Musgrove McKenna Neese
Newton
Nichols
Nilan
Odom
Orr
Overby
Palmer
Parker of Pike
Parker of Ware Parker of Appling Payton Pelham Perkins Perry Peters Phillips of Walton Pickett Ramsey Raulerson Ray Reed Roberts Rodgers of Charlton Rogers of Heard Ross Scoggin Sivell Smith of Emanuel Smith of Fulton Smith of Whitfield Souter Stephens Story Summers Tabb Tamplin Tarpley Taylor Todd Twitty Underwood Veal Walker of Lowndes Watson Weems Wells White Willis
Wilson
Winkle
Wooten
Wright of Floyd
Yandle
Young
On the motion to agree, the ayes were 158, nays 0.
The Senate substitute to HR 379 was agreed to.
The following Resolution of the House was read and adopted:
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JOURNAL OF THE HOUSE,
HR 519. By Messrs. Holcombe of Cobb, Matthews of Clarke, Bagby of Paulding, Smith of Pulton and many others:
A Resolution inviting Honorable Abie Harris of Ringgold, Georgia to speak or sing to a Joint Session of the General Assembly; and for other purposes.
Under the order of business established by the Committee on Rules, the following Bills and Resolutions of the Senate were taken up for consideration and read the third time:
SB 255. By Senators Howard of the 17th, Pelham of the 7th and Sanders of the 18th:
A Bill to be entitled an Act to amend an Act creating the Georgia Commission on Alcoholism; 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.:
Bagby Ballard Barber Barrett Baughman Birdsong Blalock of Coweta Blalock of Clayton Bodenhamer Bolton Brennan Brooks of Oglethorpe Broome Busbee A. Campbell of
Walker W. Campbell of
Walker Carlisle Carr Carswell Carter Cheatham Cloud Cocke Cowart
Craven Duncan Elder Eyler Fellows Floyd Fowler of Douglas Frazier Gowen Greene of Bartow Griffith Gross of Stephens Gunter Hall of Floyd Hall of Lee Hardaway Harper Harrison Hawkins Helms Hill Hodges of Ware Hogan Holcombe Holley Holloway
Huddleston Irvin Johnson Jones of Wayne Jones of Lumpkin Jones of Laurens Jones of Crawford Kelley Kennedy Killian Lam Lancaster Land Lanier Lee Lokey Love Mackay Mann Matthews Miller of Twiggs Miller of Elbert
Mobley Moorman Morris Moss
THURSDAY, FEBRUARY 20, 1958
1295
Murphy Musgrove McGibony McKenna Newton Nichols Odom Orr Overby Palmer Parker of Ware Parker of Appling Perkins Perry
Pickett Ramsey Raulerson Reed Rodgers of Charlton Rogers of Heard Scoggin Sivell Smith of Fulton Smith of Whitfield Smith of Bryan Stephens Story Summers
Tabb Tamplin Tarpley Veal Weems Wells Wilson Winkle Wooten Wright of Floyd Yandle Young
On the passage of the Bill, the ayes were 116, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
SR 130. By Senator Dunn of the 8th:
A Resolution authorizing and directing that action be taken to cause the removal of building restrictions from deeds by the Federal Govern ment to certain property adjacent to the Jim Woodruff Reservoir; 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 Ballard Barber Barrett Baughman Birdsong Black Blalock of Clayton Bodenhamer Bolton Brackin Brennan Brooks of Oglethorpe Broome Budd Busbee
Cagle Caldwell Callier Carlisle Carr Carter Cheatham Cheek Cloud Cocke Cowart Craven Crummey Duncan Echols Elder
Eyler Fellows Floyd Flynt Fowler of Douglas Frazier Fuqua Gowen Greene of Bartow Griffith Gross of Stephens Gunter Hall of Lee Hardaway Harper Harrison
1296
JOURNAL OF THE HOUSE,
Hawkins Helms Henderson Hill Hodges of Ware Hogan Holley Holloway Huddleston Hurst Ingle Irvin Johnson Jones of Wayne Jones of Lumpkin Jones of Baker Jones of Laurens Jones of Crawford Kelley Kennedy Kidd Killian King Lam Lancaster Land Larking Lokey Long Love Mackay
Mann Matthews Miles Miller of Twiggg Miller of Elbert Mobley Moorman Morris Moss Murphy Muggrove McGibony McKenna Neege Newton Nichols Nilan Odom Orr Overby Palmer Parker of Ware Parker of Appling Pelham Perry Phillipg of Walton Pickard Ramsey Ray Reed Rodgers of Charlton
Rogers of Heard Rowland Scoggin Singer Sivell Smith of Emanuel Smith of Fulton Smith of Whitfield Smith of Bryan Souter Stephens Story Summers Tabb Tamplin Tarpley Taylor Twitty Underwood Walker of Telfair Watson Weems Wells White Wilson Winkle Wooten Wright of Floyd Yandle Young
On the adoption of the Resolution, the ayes were 140, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
SR 120. By Senator Dunn of the 8th:
A Resolution authorizing the conveyance of certain State property com prising the district headquarters of the State Patrol located in the City of Donalsonville, 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 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 Bagby
Ballard Barber
Barrett Baughman
THURSDAY, FEBRUARY 20, 1958
1297
Birdsong Black Blalock of Coweta Blalock of Clayton Bodenhamer Bolton Brackin Brennan Brooks of Oglethorpe Brooks of Fulton A. Campbell of
Walker W. Campbell of
Walker Carlisle Can-
Carter Cheatham Cheek Cloud Cocke Cowart Craven Crummey Dorminy Duncan Elder Eyler Fellows Floyd Flynt Fordham Fowler of Douglas Frazier Fuqua Gowen Green of Rabun Greene of Bartow Griffith Gross of Stephens Gunter Hall of Lee Hardaway Harrison
Helms Henderson Hill Hodges of Ware Hogan Holley Huddleston Hurst Ingle Irvin Johnson Jones of Wayne Jones of Lumpkin Jones of Baker Jones of Laurens Kelley Kennedy Kidd Killian Lam Lancaster Land Larkins Lokey Long Love Mackay Mann Matthews Miles Miller of Elbert Mobley Moorman Morris Moss Mull Murphy Musgrove McGibony McKenna Neese Newton Nichols Nilan
Odom Orr Overby Palmer Parker of Ware Parker of Appling Perkins Perry Peters Phillips of Walton Pickard Pickett Ramsey Raulerson Ray Reed Roberts Rodgers of Charlton Rogers of Heard Ross Scoggin Sivell Smith of Emanuel Smith of Fulton Smith of Whitfield Smith of Bryan Souter Story Summers Tabb Tamplin Tarpley Taylor Twitty Underwood Weems Wells White Wilson Winkle Wooten Wright of Floyd Yandle
On the adoption of the Resolution, the ayes were 135, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
SB 257. By Senator Stafford of the 47th:
A Bill to be entitled an Act to amend the Act creating the office of Director Emeritus of the State Board of Workmen's Compensation; and for other purposes.
1298
JOURNAL OP THE HOUSE,
The following committee substitute was read:
(House Committee Substitute)
A BILL
To be entitled an Act to amend an Act repealing an Act providing for the retirement of members of the Industrial Board, approved March 24, 1939 (Ga. Laws 1939, p. 330) and creating the office of Director Emeritus of the State Board of Workmen's Compensation, approved March 7, 1957 (Ga. Laws 1957, Vol. I, p. 215) so as to provide for the office "Deputy Director Emeritus"; to define the qualifications, com pensation and duties of said office; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. An Act repealing an Act providing for the retirement of members of the Industrial Board, approved March 24, 1939 (Ga. Laws 1939, p. 330) and creating the office of Director Emeritus of the State Board of Workmen's Compensation, approved March 7, 1957 (Ga. Laws 1957 Vol. I, p. 215) is hereby amended by adding after Section 2 thereof, relating to creation of the office of Director Emeritus, a new section to be known as Section 2A to read as follows:
"Section 2A. There is hereby created the office of Deputy Di rector Emeritus of the State Board of Workmen's Compensation. Any Deputy Director of the Board now or hereafter in office as such shall be eligible, provided he has attained the age of 70 years or over for appointment as Deputy Director Emeritus of the Board who has attained twenty (20) years as Deputy Director Emeritus of the Board who has attained twenty (20) years of service in the capacity of Deputy Director, or who has attained twenty years of total service, aggregating his service as Deputy Director with any years of prior service as Director. Members of the General Assembly of Georgia, Georgia National Guard, or as Special Assistant Attorney General, or any combination of services in these offices, shall be eligible for appointment by the Governor in the same manner as provided for appointment of a Director Emeritus under this Act. Such Deputy Director Emeritus shall exercise the same duties as provided in this Act for a Director Emeritus. All persons appointed to the office of Deputy Director Emeritus of the State Board of Workmen's Com pensation as provided in this Section (2A) shall receive an annual salary equal to one-third of the annual salary paid such person, as by law provided, at the time of this appointment hereunder, said salary to be paid by the State Board of Workmen's Compensation in semi monthly installments from funds provided by law for the operation of said Board."
Section 2. All laws and parts of laws in conflict herewith are hereby repealed.
The following amendment to the substitute was read and adopted:
Mr. Gunter of Hall moves to amend SB 257 (SUB) by adding after the words "shall be eligible" in Section 2A the words "provided he has attained the age of seventy years or over."
THURSDAY, FEBRUARY 20, 1958
1299
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, by substitute, was agreed to, as amended.
On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Alien Bagby Ballard Barber Barrett Baughman Birdsong Blalock of Coweta Blalock of Clayton Bodenhamer Boggs Brackin Brennan Brooks of Oglethorpe Brooks of Fulton Broome Busbee Carlisle Carr Carswell Carter Cheatham Cheek Cloud Cocke Cowart Craven Crummey Denmark Duncan Elder Eyler Plynt Fowler of Douglas Fuqua Gowen Green of Rabun Greene of Bartow Griffith Grimsley Gross of Stephens Gunter Hall of Floyd
Hall of Lee Hardaway Harrison Hawkins Helms Hodges of Ware Hogan Holcombe Holloway Huddleston Ingle Irvin Johnson Jones of Wayne Jones of Lumpkin Jones of Baker Jones of Laurens Jones of Crawford Kelley Kennedy Key Kidd Killian Lam Lancaster Land Lokey Love Mackay Mann Matthews Miles Miller of Twiggs Miller of Elbert Mobley Moorman Morris Moss Murphy Musgrove McClelland McGibony Neese
Newton Nichols Nilan Odom Orr Overby Palmer Perkins Perry Peters Phillips of Walton
Ramsey Raulerson Reed Rodgers of Charlton Rogers of Heard Rowland Scoggin Smith of Emanuel Smith of Fulton Smith of Whitfield Smith of Bryan Souter Stephens Story Summers Tabb Tamplin Tarpley Taylor Twitty Veal Watson Weems Wells White Willingham Wilson Winkle Wright of Floyd Yandle
1300
JOURNAL OF THE HOUSE,
Those voting in the negative were Messrs.:
Adams Fordham
Fowler of Treutlen Parker of Ware
Parker of Appling Ross
On the passage of the Bill, by substitute, as amended, the ayes were 127, nays 6.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.
SB 294. By Senators Kelley of the 10th and Bentley of the 39th:
A Bill to be entitled an Act providing for coverage of certain officers of political subdivisions under the Old Age and Survivors Insurance provisions of the Federal Social Security Act; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.
Alien Ballard Barber Barrett Baughman Birdsong Black Bodenhamer Brackin Brennan Brooks of Oglethorpe Brooks of Fulton Broome Budd Busbee Carlisle
Carr Carter Cheatham Cheek Cloud Coalson Cocke Cowart Craven Denmark Duncan Echols Elder Ellis Eyler
Fordham Fowler of Douglas
Gowen Green of Rabun Greene of Bartow Griffith Gross of Stephens Hall of Floyd Hall of Lee Hardaway Harrison Hawkins Henderson Hogan Holloway Huddleston Ingle Irvin Jones of Wayne Jones of Lumpkin Jones of Baker Jones of Laurens Jones of Crawford Kelley Kennedy Kidd Killian Lam Lancaster Lokey Love
Mackay Matthews Miller of Twiggs Miller of Elbert Moorman Morris Moss Murphy Musgrove McClelland McGibony Newton Nichols Nilan Odom Orr Palmer Parker of Ware Parker of Appling Perry Peters Phillips of Walton Pickett Ramsey Raulerson Rodgers of Charlton Rogers of Heard Ross Scoggin Sivell Smith of Fulton
THURSDAY, FEBRUARY 20, 1958
1301
Smith of Whitfield Smith of Bryan Souter Stephens Story Summers Tabb
Tamplin Tarpley Taylor Twitty Veal Watson Wells
White Wilson Winkle Wright of Floyd Yandle
On the passage of the Bill, the ayes were 12, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
SB 266. By Senator Sanders of the 18th:
A Bill to be entitled an Act to authorize and regulate reciprocal or inter-insurance transactions; and for other purposes.
The following amendment was read and adopted:
Mr. Jones, of Worth, moves to amend SB 266, in the following particulars:
1.
Section 1 of the said Bill is amended by striking the words, fol lowing the word "loss" in said section and inserting, in lieu thereof, the following:
"which may be insured against under other provisions of the laws, excepting life insurance."
so that, as amended, the said section shall read as follows:
"Section 1. Persons, firms, partnerships or corporations of the State of Georgia, hereby designated as 'subscribers' may ex change reciprocal or inter-insurance contracts between themselves or with other persons, firms, partnerships, corporations or states, municipalities, counties, or political subdivisions thereof, providing indemnity among themselves from any loss which may be insured against under other provisions of the laws, excepting life insur ance."
2.
The second sentence in Section 4 of the said Bill, presently reading "The exchange may issue contracts of inter-indemnity without assess ment liability of a subscriber upon the payment of said subscriber of the maximum premium specified in the contract of inter-indemnity" is stricken and, in lieu thereof, the following inserted:
"When the exchange shall have accumulated a surplus at least equal to the minimum surplus required of a mutual company trans acting a like class or classes of insurance business pursuant to Section 56-1417, 1933 Georgia Code, Ann., and while it maintains such surplus unimpaired to the extent and in the same manner as required of stock companies by Code Section 56-832, of the 1933 Georgia Code Annotated, it may issue contracts of inter-indemnity without assessment liability other than the payment of the pre mium specified in the contract or policy."
1302
JOURNAL OF THE HOUSE,
so that, as amended, the said Section 4 shall read as follows:
"Section 4. The maximum liability of any subscriber for losses and expenses shall be fixed and determined by the instrument of power of attorney. When the exchange shall have accumulated a surplus of at least equal to the minimum surplus required of a mutual company transacting a like class or classes of insurance business pursuant to Section 56-1417 of the 1933 Georgia Code Annotated, and while it maintains such surplus unimpaired to the extent and in the same manner as required of stock companies by Code Section 56-832, of the 1933 Georgia Code Annotated, it may issue contracts of inter-indemnity without assessment lia bility other than the payment of the premium specified in the contract or policy."
3.
A new Section, to be designated Section 4 (a) is added immedi ately following Section 4 of the said Bill reading as follows:
"Section 4 (a). Any corporation organized under the laws of the state may, in addition to the rights, powers and franchises specified in its articles of incorporation, exchange insurance con tracts of the kind and character herein mentioned. The right to exchange such contracts is hereby declared to be incidental to the purposes for which such corporations are organized and as much granted as if such rights and powers were expressly conferred."
The report of 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:
Adams Alien Bagby Ballard Barber Barrett Baughman Birdsong Black
Blalock of Coweta Blalock of Clayton Brennan Brooks of Oglethorpe Brooks of Fulton Broome Budd Burkhalter Busbee Cagle Caldwell A. Campbell of
Walker
W. Campbell of Walker
Carr Carter Chastain Cheatham Cheek Coalson Craven
Duncan Echols Ellis Eyler Floyd Flynt Fordham Fowler of Douglas Fowler of Treutlen Gowen Green of Rabun Griffith Gross of Stephens
Gunter Hall of Ployd Hall of Lee Hardaway Harper Harrison Helms Henderson Hogan
Holcombe Holloway Huddleston Irvin Johnson Jones of Wayne Jones of Worth Jones of Laurens Kelley Kennedy Kidd Killian Lam
THURSDAY, FEBRUARY 20, 1958
1303
Lancaster Land Lee Lokey Love Mann Matthews Miles Mobley Moorman Moss Mull Murphy Murr Musgrove McClelland McGibony Newton
Nichols Nilan Overby Palmer Parker of Pike Parker of Ware Parker of Appling Perkins Perry Peters Pickett Ramsey Ray Reed Rodgers of Charlton Rogers of Heard Rowland Scoggin
Smith of Emanuel Smith of Lamar Smith of Fulton Smith of Whitfield Stephens Story Tabb Tamplin Tarpley Taylor Twitty Underwood Watson Weems White Winkle Wooten Wright of Floyd
Those voting in the negative were Messrs.:
Fellows Raulerson
Roberts
Ross
On the passage of the Bill, as amended, the ayes were 118, nays 4.
The Bill, having received the requisite constitutional majority, was passed, as amended.
SB 187. By Senators Brown of the 52nd and Sammon of the 34th:
A Bill to be entitled an Act to amend the Code relating to exemption of daily, weekly or monthly wages from process and liabilities of garnishment; and for other purposes.
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.:
Bagby Ballard Barber Baughman
Birdsong Blalock of Coweta Blalock of Clayton Boggs
Bolton Brennan Brooks of Oglethorpe Brooks of Fulton Broome
Budd Busbee Cagle Caldwell
A. Campbell of Walker
W. Campbell of Walker
Carlisle Carr Carter Cheatham Cheek
Coalson Cowart Duncan Echols
Elder Ellis Eyler Fellows
Floyd Flynt Fordham Fowler of Douglas Fowler of Treutlen
1304
JOURNAL OP THE HOUSE,
Frazier Green of Rabun Greene of Bartow Griffith Grimsley Gunter Hall of Floyd Hall of Lee Hardaway Harper Harrison Henderson Hodges of Ware Hogan Holcombe Holloway Ingle Johnson Jones of Worth Jones of Baker Jones of Laurens Kennedy Kidd Killian Lam Lancaster Land Lee Lokey Love Mann
Matthews Miles Miller of Twiggs Mobley Moorman Moss Murphy Murr Musgrove McClelland McGibony McKenna Newton Nichols Nilan Odom Orr
Overby Parker of Pike Parker of Ware Parker of Appling Perry Peters Phillips of Walton Pickard Pickett Ramsey Raulerson Ray Reed Roberts
Rodgers of Charlton Rogers of Heard Ross Rowland Scoggin Sivell Smith of Emanuel Smith of Fulton Smith of Whitfield Smith of Bryan Souter Stephens Story Summers Tabb Tamplin Tarpley Todd Twitty Underwood Watson Weems White Willingham Wilson Winkle Wright of Floyd Wright of Dodge Yandle Young
On the passage of the Bill, the ayes were 129, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
SB 275. By Senator Edenfield of the 2nd:
A Bill to be entitled an Act to amend the Act relating to the State Game and Fish Commission; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Bagby Ballard Barber Baughman Birdsong
Black Blalock of Coweta Blalock of Clayton Bodenhamer Boggs Bolton
Brennan Brooks of Oglethorpe Brooks of Fulton Broome Budd Busbee
THURSDAY, FEBRUARY 20, 1958
1305
Cagle Caldwell A. Campbell of
Walker W. Campbell of
Walker Carlisle Carter Cheatham Cheek Cocke Denmark Elder Ellis Eyler Fellows Floyd Flynt Fordham Fowler of Douglas Fowler of Treutlen Frazier Gowen Green of Rabun Greene of Bartow Griffith Gross of Stephens Hall of Floyd Hall of Lee Hardaway Harper Harrison Henderson Hodges of Ware Hogan Holcombe Holloway Huddleston Ingle Johnson
Jones of Wayne Jones of Worth Jones of Lumpkin Jones of Baker Jones of Laurens Jones of Crawford Kelley Kennedy Kidd Killian Lam Lancaster Lee Lokey Long-
Mann Matthews Miles Miller of Twiggs Miller of Elbert Mobley Moorman Moss Mull Murphy Musgrove McClelland McGibony McKenna Newton Nichols Odom Orr Overby Parker of Pike Parker of Ware Parker of Appling Perry Peters Phillips of Walton
Pickard Pickett Ramsey Raulerson Ray Reed Roberts Rodgers of Charlton Rogers of Heard Ross Rowland Scoggin Singer Sivell Smith of Emanuel Smith of Lamar Smith of Fulton Smith of Whitfield Smith of Bryan Souter Stephens Story Summers Tabb Tamplin Tarpley Todd Twitty Underwood Watson Weems White Willingham Wilson Winkle Wooten Wright of Floyd Wright of Dodge Yandle Young
On the passage of the Bill, the ayes were 136, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
SB 207. By Senator Hawes of the 30th: A Bill to be entitled an Act to amend the Act creating the State Literature Commission; and for other purposes.
The following amendment was read and adopted: Mr. Caldwell of Upson moves to amend SB 207 by adding the
words "within the State of Georgia" following the words "desirable" in line 8 of Section 3, page 1.
The previous question was ordered.
1306
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.:
Alien Bagby Ballard Baughman
Birdsong Black Blalock of Coweta Blalock of Clayton Boggs Bolton Brennan Brooks of Oglethorpe Brooks of Fulton Cagle Caldwell A. Campbell of
Walker W. Campbell of
Walker Carlisle Carr Carswell Carter Chastain Cheatham Cheek Cowart Elder Ellis Eyler Fellows Flynt Fowler of Douglas Frazier Gowen Green of Rabun Greene of Bartow Griffith Gross of Stephens
Hall of Floyd Hall of Lee Harper Harrison Henderson Hodges of Floyd Hogan Holcombe Ingle Irvin Johnson Jones of Lumpkin Jones of Laurens Jones of Crawford Kelley Kennedy Kidd Killian Lam Lancaster Lee Lokey Long Mann Matthews Miles Mobley Moorman Murphy Musgrove McClelland McGibony McKenna Newton Nichols Nilan Odom Orr Overby
Parker of Pike Parker of Appling Perkins
Perry Phillips of Walton Ramsey Raulerson Ray Reed Roberts Rodgers of Charlton Rogers of Heard Rowland Russell Scoggin Smith of Emanuel Smith of Lamar Smith of Fulton Smith of Whitfield Smith of Bryan Souter Stephens Story Summers Tabb Tarpley Underwood Walker of Lowndes Watson Wells Willingham Willis Wilson Winkle Wooten Wright of Floyd Yandle
Those voting in the negative were Messrs.:
Murr Parker of Ware
Peters
Pickard
On the passage of the Bill, as amended, the ayes were 113, nays 4.
THURSDAY, FEBRUARY 20, 1958
1307
The Bill, having received the requisite constitutional majority, was passed, as amended.
Mr. Bodenhamer of Tift requested that the Journal show him as having voted "aye" on SB 207.
SB 208. By Senator Sanders of the 18th:
A Bill to be entitled an Act to provide for summary judgments in the courts of this State; and for other purposes.
Mr. Gowen of Glynn moved that further consideration of SB 208 be post poned until Friday morning, February 21, 1958.
On the motion to postpone, the roll call was ordered and the vote was as follows :
Those voting in the affirmative were Messrs.:
Adams Alien Ballard Barber Barrett Baughman Birdsong Black Blalock of Coweta Bodenhamer Bolton Brennan Brooks of Fulton Broome A. Campbell of
Walker W. Campbell of
Walker Carlisle Carr Carter Cheatham Cheek Cloud Coalson Cocke Duncan Elder Ellis Fellows Floyd Flynt Fordham Fowler of Douglas Gowen Green of Rabun Greene of Bartow
Grimsley Gross of Stephens Gross of Dade Gunter Hall of Floyd Hall of Lee Hardaway Harrison Hodges of Ware Hogan Hurst Ingle Irvin Johnson Jones of Wayne Jones of Lumpkin Jones of Laurens Jones of Crawford Kennedy Killian Lam Lancaster Lokey Long Lott Mann Matthews Miles Mobley Moorman Morris
Moss Murphy Murr Musgrove McClelland McGibony
McKenna McWhorter Neese Newton Nichols Odom Orr Overby Palmer Parker of Pike Parker of Ware Parker of Appling Perry Peters Pickard Pickett Ray Roberts Rodgers of Charlton Rogers of Heard Ross Russell Scoggin Sivell Smith of Lamar Smith of Fulton Smith of Whitfield Souter Stephens Story Summers Tabb Tamplin Tarpley Taylor Todd Underwood
1308
JOURNAL OP THE HOUSE,
Wells Wilson Winkle
Wooten Wright of Ployd Yandle
Young
Those voting in the negative were Messrs.:
Holcombe Ramsey
Reed
Willingham
On the motion to postpone, the ayes were 115, nays 4.
The motion prevailed, and the bill was postponed.
SB 225. By Senator Williams of the 51st:
A Bill to be entitled an Act to amend the Code relating to the operation of the County Manager Form of Government; 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 Ballard Barber Barrett Baughman Birdsong Black Blalock of Coweta Bradley Brennan Brooks of Fulton Broome Budd Busbee Cagle Caldwell
A. Campbell of Walker
W. Campbell of Walker
Carlisle Carr Carter Chastain Cheatham
Cheek Coalson Duncan Ellis Eyler Fellows Fordham Fowler of Douglas Gowen Green of Rabun Greene of Bartow Griffith Gross of Stephens Hall of Floyd Hall of Lee Hardaway
Harper Harrison Helms Henderson Hodges of Ware Holcombe Holloway Ingle Irvin
Jones of Crawford Kelley Kennedy Kidd Killian Kimmons Lancaster Larkins Lokey Long Matthews Miles Miller of Twiggs Miller of Elbert Mobley Moorman
Moss Murphy Musgrove McClelland McGibony McKenna Newton Nichols Orr
THURSDAY, FEBRUARY 20, 1958
1309
Parker of Ware Perkins Peters Pettey Phillips Pickett
Ramsey Raulerson Reed Roberts Rodgers of Charlton
Rogers of Heard Ross Scoggin Sivell Smith of Fulton Smith of Whitfield
Smith of Bryan Stephens Story Summers Tamplin
Tarpley Walker of Lowndes Watson Wells White Winkle
Wooten Wright of Floyd Young
Those voting in the negative were Messrs.:
Hogan Jones of Laurens
Underwood
Willingham
On the passage of the Bill, the ayes were 104, nays 4.
The Bill, having received the requisite constitutional majority, was passed.
SB 300. By Senator Trotter of the 37th:
A Bill to be entitled an Act to create the Georgia Board of Landscape Architects; 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.:
Adams Alien Bagby Ballard Barber Barrett Baughman Birdsong Blalock of Coweta Blalock of Clayton Boggs Brooks of Oglethorpe Brooks of Fulton Broome Carlisle Carr
Carswell Carter Cheatham Cheek Coalson Cocke Cowart Duncan Elder Eyler Fellows Fordham Fowler of Douglas Fowler of Treutlen Frazier Gowen
Griffith Grimsley Gross of Stephens Gunter Hall of Floyd Hall of Lee Hardaway Harper Harrison Hawkins Helms Henderson Hodges of Ware Hogan Holloway Ingle
1310
JOURNAL OF THE HOUSE,
Irvin Johnson Jones of Wayne Jones of Lumpkin Jones of Laurens Jones of Crawford Kidd Killian Lam Lancaster Lee Lokey Mackay Mann Matthews Miles Mobley Moss Murphy Musgrove
McClelland McKenna McWhorter Newton Nichols Nilan Odom Orr Overby Parker of Ware Parker of Appling Perry Peters Pettey Ramsey Ray Reed Rodgers of Charlton Rogers of Heard Rowland
Rutland Scoggin Smith of Fulton Smith of Whitfield Souter Stephens Story Summers Tabb Tamplin Tarpley Underwood Watson Wells White Willingham Winkle Wright of Floyd Wright of Dodge Yandle
Those voting in the negative were Messrs. :
Bolton Budd Caldwell Chastain Echols Ellis
Flynt Huddleston Long Moorman McGibony Phillips of Walton
Pickard Raulerson Ross Sivell Young
On the passage of the Bill, the ayes were 109, nays 17.
The Bill, having received the requisite constitutional majority, was passed.
SB 238. By Senators Trotter of the 37th, Hill of the 54th, and Crawford of the 1st:
A Bill to be entitled an Act to amend an Act providing for the coverage of certain State employees under the provisions of the Federal Social Security 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 roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Alien Ballard
Barber Barrett
Baughman Birdsong
THURSDAY, FEBRUARY 20, 1958
1311
Blalock of Coweta
Boggs Brooks of Oglethorpe Broome Budd Cagle Caldwell A. Campbell of
Walker W. Campbell of
Walker Carr Carter Chastain Cheatham Cheek Coalson Cocke Cowart Dorminy Duncan Echols Ellis Eyler Fellows Fordham Fowler of Douglas Frazier Gowen Green of Rabun Greene of Bartow Griffith Gross of Stephens Gunter Hall of Floyd Hall of Lee Hardaway
Harper Harrison Henderson Hodges of Ware Hogan Ingle Irvin Johnson Jones of Wayne Jones of Lumpkin Jones of Baker Jones of Laurens Jones of Crawford Kelley Kidd Killian Lam Lancaster Lee Lokey Long Lott Mackay Matthews Miller of Elbert Moorman Moss Mull Murphy Musgrove McGibony McKenna Neese Nichols Odom Orr Parker of Ware
Perkins Perry Peters Pettey Phillips of Walton Pickett Ramsey Raulerson Ray Reed Rodgers of Charlton Rogers of Heard Ross Rowland Scoggin Smith of Fulton Smith of Whitfield Souter Stephens Story Summers Tabb Tamplin Tarpley Todd Underwood Veal Watson Wells White Winkle Woo ten Wright of Floyd Wright of Dodge Yandle
Those voting in the negative were Messrs. Carlisle and Roberts.
On the passage of the Bill, the ayes were 114, nays 2.
The Bill, having received the requisite constitutional majority, was passed.
Mr. Carlisle of Bibb, having voted under a misapprehension, requested that the Journal show him as having voted "Aye" on SB 238.
SB 194. By Senators Hawes of the 30th, Trotter of the 37th, and others:
A Bill to be entitled an Act to amend an Act providing for giving of security by owners and operators of motor vehicles; and for other purposes.
The previous question was ordered.
1312
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, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.
Adams Bagby Barrett Baughman Birdsong
Bolton Brennan Brooks of Oglethorpe Busbee Cagle A. Campbell of
Walker W. Campbell of
Walker Carlisle Carr Carter Cheatham Cheek Coalson Cocke Cowart Denmark Duncan Echols Elder Ellis Eyler Fellows Fordham Fowler of Douglas Gowen Green of Rabun Greene of Bartow Griffith Gross of Stephens Hall of Floyd
Hall of Lee Hardaway Harper Harrison Helms Hendrix Hogan Holloway Ingle Irvin Johnson Jones of Wayne Jones of Lumpkin Jones of Laurens Kelley Kennedy Kidd Killian Lam Lancaster Land Lee Lokey Long Lott Love Mackay Miles Miller of Elbert Mobley Moorman Moss Mull Murr Musgrove McGibony McKenna Nichols
Nilan Odom Orr Palmer Parker of Ware Parker of Appling Perkins Peters Phillips of Walton Pickett Ramsey Raulerson Ray Roberts Rodgers of Charlton Rogers of Heard Ross Scoggin Smith of Fulton Smith of Whitfield Souter Story Summers Tabb Tamplin Tarpley Underwood Veal Watson Willingham Wilson Winkle Wooten Wright of Floyd Wright of Dodge Yandle
Those voting in the negative were Messrs.:
Ballard Budd
Hodges of Ware
Murphy
On the passage of the Bill, the ayes were 110, nays 4.
THURSDAY, FEBRUARY 20, 1958
1313
The Bill, having received the requisite constitutional majority, was passed.
SR 112. By Senator Gould of the 4th:
A Resolution designating U. S. Route 17 as the "Ocean Hiway"; 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 Ballard Barber Barrett Baughman Birdsong Blalock of Clayton Bodenhamer
Bolton Brackin Brennan Brooks of Oglethorpe Broome Budd Busbee Cagle A. Campbell of
Walker W. Campbell of
Walker Carlisle Carr Carter Cheatham Cheek Coalson Cocke Cowart Denmark Duncan Elder Eyler Fellows Floyd Fordham
Fowler of Douglas Frazier Green of Rabun Greene of Bartow Griffith Grimsley Gross of Stephens Gunter Hall of Floyd Hall of Lee Hardaway Harper Harrison Helms Henderson Hendrix Hodges of Ware Hogan Holcombe Holloway Ingle Irvin Johnson Jones of Wayne Jones of Lumpkin Jones of Baker Jones of Laurens Jones of Crawford Kelley Kennedy Killian Lam Land Lee Lokey Long Lott
Mackay Mann Martin Matthews Miles Miller of Elbert Mobley Moorman Moss Murphy Murr Musgrove McGibony McKenna Newton Nichols Nilan Odom Orr Overby Parker of Ware Parker of Appling Perkins Peters Pettey Phillips of Walton Pickett Ramsey Raulerson Ray Reed Roberts Rodgers of Charlton Rogers of Heard Ross Scoggin Smith of Forsyth
1314
JOURNAL OF THE HOUSE,
Smith of Emanuel Smith of Fulton Smith of Whitfield Souter Stephens Story Summers Tabb
Tamplin Tarpley Todd Underwood Veal Walker of Lowndes Watson Wells
Willingham Wilson Winkle Wooten Wright of Floyd Wright of Dodge Yandle
Voting in the negative was Mr. Lancaster.
On the adoption of the Resolution, the ayes were 132, nays 1.
The Resolution, having received the requisite constitutional majority, was adopted.
SB 209. By Senators Sammon of the 34th and Paris of the 27th:
A Bill to be entitled an Act to provide for the labeling of human blood used for transfusions; and for other purposes.
Mr. Parker of Appling moved that the Bill be tabled.
The motion prevailed, and SB 209 was placed on the table.
SB 258. By Senator Trotter of the 37th:
A Bill to be entitled an Act relating to notaries public who are em ployees of banks or other corporations; 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 Ballard Barber Barrett Baughman Birdsong Boggs Bolton Brennan Brooks of Oglethorpe Broome
Budd Cagle A. Campbell of
Walker W. Campbell of
Walker Carlisle Carter Cheatham Cheek Coalson Co eke
Denmark Duncan Ellis Eyler Fellows Floyd Fordham Fowler of Douglas Gowen Green of Rabun Greene of Bartow Griffith
THURSDAY, FEBRUARY 20, 1958
1315
Grimsley Gunter Hall Hardaway Harper Harrison Helms Hendrix Hill Hodges of Ware Hogan Holley Ingle Irvin Jones of Wayne Jones of Lumpkin Jones of Laurens Jones of Crawford Kelley Kennedy Key Kidd Killian Lam Lancaster Land
Lee Lokey Long Lott Mann Matthews Miles Miller of Elbert Moorman Moss Mull Murphy Murr McClelland McGibony McKenna Newton Nichols Odom Overby Parker of Ware Parker of Appling Perkins Peters Phillips of Walton Pickett
Ramsey Roberts Rodgers of Charlton Rogers of Heard Rowland Scoggin Sheffield Sivell Smith of Fulton Smith of Whitfield Stephens Story Summers Tabb Tamplin Tarpley Walker of Lowndes Wells White Wilson Winkle Wooten Wright of Floyd Wright of Dodge Yandle
On the passage of the Bill, the ayes were 111, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
The following Resolutions of the House were read and adopted:
HR 520. By Mr. Bodenhamer of Tift:
A RESOLUTION
Relative to the battle flag of the Confederacy; and for other purposes.
WHEREAS, it has been brought to the attention of the General Assembly that the battle flag of the Confederacy has been and is being used for commercial purposes, and
WHEREAS, the battle flag of the Confederacy is a symbol of the historic past of this State, and presently forms an integral part of the flag of this State, and
WHEREAS, it is an insult to the memory of our dead heroes and an affront to the good taste of all true Georgians to permit this historic flag to be used for commercial purposes.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that this Body does deplore the present use of replicas of the battle flag of the Confederacy for crass and commercial purposes.
BE IT FURTHER RESOLVED that this Body does respectfully
1316
JOURNAL OF THE HOUSE,
request all citizens of this great State to refrain from using this symbol of our past in a manner other than with the utmost respect.
HR 521. By Messrs. Ray of Warren and Moate of Hancock:
A RESOLUTION
Expressing appreciation to the Attorney General of the State of New Hampshire; and for other purposes.
WHEREAS, Honorable Louis C. Wyman, Attorney General of the State of New Hampshire, addressed the General Assembly of Georgia in Joint Session in the House Chamber on February 18, 1958, and
WHEREAS, this Body desires to express its appreciation to the Attorney General for expressing his views on Constitutional govern ment and the preservation of the Founding Fathers of this nation's ideas as to Federal-State relationship, and
WHEREAS, the views expressed by the Attorney General are basi cally the views of a majority of the members of this Body,
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that Honorable Louis C. Wyman, Attorney General of the State of New Hampshire, be commended on his views on Constitutional government and that he be congratulated and thanked for addressing the General Assembly of Georgia in Joint Session.
BE IT FURTHER RESOLVED that an appropriate copy of this Resolution be transmitted by the Clerk of the House to the Attorney General of the State of New Hampshire.
HR 522. By Messrs. Wilson, McKenna, and Carlisle of Bibb:
A RESOLUTION
Relative to the natural gas supply; and for other purposes.
WHEREAS, during the period of continued low temperatures in the State of Georgia, many industries, institutions and schools have been forced to close, and
WHEREAS, the supply of natural gas has been such that only by the co-operation of the home-owners in this State that homes have been able to be heated sparingly, and
WHEREAS, it is felt that the supply of natural gas should be maintained at a level to insure users of natural gas an adequate supply at all times, and
WHEREAS, this Body desires to ascertain the basic facts sur rounding the shortage of natural gas,
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that a committee to be composed of three (3) members of the House to be appointed by the Speaker and two (2) members of the Senate to be appointed by the President is hereby created to make a study of the circumstances surrounding the natural gas shortage in this State. Such committee shall make a report of its finding and recommendation to the General Assembly of Georgia in January 1959, and to the Public Service Commission on or before
THURSDAY, FEBRUARY 20, 1958
1317
January 1, 1959, and upon making its report and recommendation shall stand abolished. The members of said committee shall not be compen sated for more than five (5) days' work in the performance of their dut'es under this Resolution.
HR 523. By Mr. Key of Jasper:
A RESOLUTION
WHEREAS, members of the House have been aided tremendously in the placing of their telephone calls and receiving of calls by the untiring, prompt and efficient service of the young ladies in attendance, and
WHEREAS, these young ladies, Mrs. Birdie Jones, supervisor, Mrs. Mildred Arnold, Miss Valeria Grider and Miss Avanelle Higgins, have cheerfully given their services through the facilities provided by the Southern Bell Telephone and Telegraph Company.
NOW, THEREFORE, BE IT RESOLVED, that this House does hereby extend its warmest thanks and congratulations to the young ladies above named, for the splendid cooperation and service they have given each member, and directs that a copy of this Resolution be furnished the Southern Bell Telephone and Telegraph Company and one each to the young ladies in token of its appreciation.
HR 524. By Mr. Hawkins of Screven:
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 com pleting 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 30 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 transaction of routine business and for the convenience of the members for such time as the Speaker deems expedient, the compensation for such not to exceed one-third (%) of the per diem now fixed by law for the Clerk's office which shall include all necessary secretarial help.
BE IT FURTHER RESOLVED that the Chairman of the Audit ing, Engrossing, Enrolling and Journals Committe and 15 additional members of each of said Committees, to be appointed by the Chairman and approved by the Speaker, are authorized to remain at the Capitol 10 days after adjournment for the purpose of checking the Bills and auditing the expenses and doing whatever is necessary by the said Committees and the members herein authorized to remain.
BE IT FURTHER RESOLVED that the Post Mistress'lnd Assist-
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JOURNAL OF THE HOUSE,
ant Post Mistress of the House be authorized to remain at the Capitol 5 days for the purpose of forwarding members' mail.
BE IT FURTHER RESOLVED that the Speaker is authorized to appoint Committees from the members of the House of Representa tives 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 committee shall be authorized to convene at any time when requested to do so by the Speaker for the purpose of making investigation or inspection of any Department or any business of the State, when deemed necessary within the discretion of the Speaker of the House of Representatives.
All of the above named persons, who are authorized to remain over for the unfinished business of the House, shall receive the same compensation as they received during the session. The interim com mittees shall be paid the regular per diem, allowances and expenses authorized by law for traveling committees.
Mr. W. Campbell of Walker 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.
FRIDAY, FEBRUARY 21, 1958
1319
Representative Hall, Atlanta, Georgia Friday, February 21, 1958.
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 Bagby Ballard Barber Barrett Baughman Birdsong Black Blalock of Coweta Blalock of Clayton Bodenhamer Boggs Brackin Bradley Brennan Brooks of Oglethorpe Brooks of Fulton Broome Budd Burkhalter Cagle Caldwell Callier A. Campbell of
Walker W. Campbell of
Walker Carlisle Carr Carswell Carter Chastain Cheatham Cheek Cloud Coalson Cocke Cowart Cravey Denmark Dorminy Duncan Echols Ellis
Eyler Fellows Floyd Flynt Fordham Fowler of Douglas Fowler of Treutlen Frazier Fuqua Gowen Green of Rabun Greene of Bartow Griffith Grimsley Gross of Stephens Gross of Dade Gunter Hall of Floyd Hall of Lee Hardaway Harper Harrison Hawkins Helms Henderson Hendrix Hill Hodges of Ware Hodges of Butts Hogan Holcombe Huddleston Hurst Ingle Irvin Jessup Johnson Jones of Wayne Jones of Worth Jones of Lumpkin Jones of Baker Jones of Laurens Jones of Sumter Jones of Crawford Kelley
Kennedy Key Killian King Lam LancasterLand Larkins Lee Lindsey Lokey Long Lott Mackay Mann Matthews Miles Miller of Twiggs Mobley Moorman Morris Moss Mull Murphy Murr Musgrove McClelland McCracken McGibony McWhorter Neese Newton Nichols Nilan Overby Palmer Parker of Pike Parker of Ware Parker of Appling Payton Pelham Perkins Peters Phillips of Columbia Phillips of Walton
1320
JOURNAL OF THE HOUSE,
Pickard Pickett Ramsey Raulerson Ray Roberts Rodgers of Charlton Rogers of Heard Ross Rowland Russell Scoggin Singer Sivell Smith of Emanuel Smith of Lamar
Smith of Fulton Smith of Whitfield Smith of Bryan Souter Stephens Story Summers Tabb Tamplin Tarpley Taylor Todd Twitty Underwood Veal Walker of Lowndes
Walker of Telfair Watson Weems Wells White Willingham Willis Wilson Winkle Wooten Wright of Floyd Wright of Dodge Yandle Young
Mr. Black of Webster, Chairman of the committee on Auditing, Enrolling & Engrossing, Journals, reported that the Journal of yesterday's proceedings had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the House reconsidered its action in failing to pass the following Bill of the Senate:
SB 297. By Senators Hill of the 54th, Foster of the 26th, Butts of the 12th and others:
A Bill to be entitled an Act to amend an Act revising the laws relating to the State Board of Corrections; and for other purposes.
Mr. Holcombe of Cobb moved that the House reconsider its action in failing to pass the following Bill of the Senate:
SB 229. By Senator McGarity of the 35th:
A Bill to be entitled an Act to amend an Act relating to qualifications of an agent for the Georgia Bureau of Investigation; and for other purposes.
The motion to reconsider was lost.
Mr. Ray of Warren moved that the House reconsider its action in passing the following Bill of the Senate:
SB 243. By Senators Howell of the 9th, Garrett of the 53rd, Foster of the 26th and others:
A Bill to be entitled an Act to amend an Act known as the Agricultural Commodities Authority Act; and for other purposes.
FRIDAY, FEBRUARY 21, 1958
1321
On the motion to reconsider passing, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.
Adams Bagby Ballard Blalock of Clayton Boggs Brackin Brooks of Oglethorpe Callier A. Campbell of
Walker W. Campbell of
Walker Carswell Cheek Denmark Dorminy Fowler of Tveutlen Frazier Fuqua Grimsley Hall of Floyd
Harrison Henderson Hendrix Hodges of Butts Huddleston Hurst Johnson Jones of Lumpkin Land Lee Lindsey Lokey Mackay Matthews Mobley
Murphy McClelland McWhorter Odom
Orr Palmer
Peters Phillips of Walton Ray Rodgers of Charlton Rogers of Heard Rowland Sivell Smith of Emanuel Smith of Bryan Stephens Tamplin Tarpley Todd Twitty Underwood Walker of Telfair Wells Wright of Dodge Mr. Speaker
(Moate)
Those voting in the negative were Messrs.:
Alien Barber Barrett Baughman Birdsong Black Blalock of Coweta Bodenhamer Bradley Broome Busbee Cagle Carr Chastain Cheatham Coalson Cowart Craven Crummey Echols Fordham Fowler of Douglas Green of Rabun Gross of Stephens
Gunter Hall of Lee Harper Hodges of Ware Hogan Ingle Irvin Jessup Jones of Laurens Jones of Sumter Kelley Key Killian Lancaster Larkins Long Miles Miller of Twiggs Moorman Moss Murr Musgrove McGibony Newton
Overby Parker of Appling Payton Pelham Perkins Perry Phillips of Columbia PickeU Ramsey Ross Scoggin Sheffield Short Smith of Fulton Smith of Whitfield Story Summers Tabb Taylor Willis Wooten Young
On the motion to reconsider passing, the ayes were 60, nays 70.
The motion to reconsider action in passing was lost.
1322
JOURNAL OF 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. Reports of standing committees.
2. Second readings of Bills and Resolutions.
3. Third reading and passage of local Bills and general Bills with local applications.
The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto:
HB 783. By Messrs. Payton of Coweta, Orr of Wilkes, Ross of Lincoln and others:
A Bill to be entitled an Act to provide that no administration necessary when heirs of deceased owner of real or personal property of this State dies intestate, and no proceedings for permanent administration have been instituted; and for other purposes.
The following Senate amendment was read:
Senator Trotter of the 37th moves to amend by adding at the end of Section 1 of HB 783 the following:
"provided, however, that property subject to an outstanding security deed, although such indebtedness is a charge against the estate, may be subject to like administration if the holder of the security deed consents or is served and makes no objection thereto, or in instances where there are known debts and all of the known creditors join in a written consent to the order."
Mr. Payton of Coweta 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 Ballard Barber Baughman Birdsong Black Blalock of Coweta Bodenhamer Brackin Bradley Brennan Broome Burkhalter Busbee Cagle Callier
A. Campbell of Walker
W. Campbell of Walker
Carr Cheatham Coalson Craven Dorminy Echols Ellis Fordham Fowler of Douglas Fuqua Gowen Green of Rabun Greene of Bartow Gross of Stephens
Gross of Dade Gunter
Hall of Floyd Hall of Lee Hardaway Harper Henderson Hendrix Hodges of Ware Hodges of Butts Hogan Holcombe Huddleston Irvin Jones of Wayne Jones of Lumpkin Jones of Sumter Jones of Crawford
Kelley Key
FRIDAY, FEBRUARY 21, 1958
1323
Kidd Killian Lam Lancaster Larkins Lee Lokey Mackay Matthews Miles Miller of Twiggs Miller of Elbert Moorman Moss Murphy Musgrove McGibony Neese Newton
Nichols Odom Orr Overby Payton Pelham Perry Phillips of Columbia Phillips of Walton Pickett Ramsey Rodgers of Charlton Rogers of Heard
Ross Rutland Scoggin Sivell Smith of FuRon Smith of Whitfield
Smith of Bryan Souter Stephens Story Summers Tabb Tamplin Tarpley Taylor Twitty Watson Weems Wells Wilson Winkle Wooten Wright of Floyd Yandle
On the motion to agree, the ayes were 108, nays 0.
The Senate amendment to HB 783 was agreed to.
By unanimous consent, the following committee report was submitted and read:
Mr. Hawkins of Screven County, Chairman of the Committee on Rules, sub mitted the following report:
Mr. Speaker:
Your Committee on Rules has had under consideration the following Reso lutions 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:
HB 1059. Do Pass.
HR 497. Do Pass.
SR 144. Do Pass.
HR 517. Do Pass.
HR 516. Do Not Pass.
HR 495. Do Not Pass.
HB 1084. Do Not Pass.
HB 1110. Do Not Pass.
Respectfully submitted,
Hawkins of Screven,
Chairman.
By unanimous consent, the following Bills and Resolutions of the Senate were taken up for consideration and read the third time:
1324
JOURNAL OP THE HOUSE,
SR 149. By Senator Cox of the 50th:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide that the governing authority of Clarke County may establish a water, sani tation, sewerage and fire protection district in Clarke County; may administer water, sanitation, sewerage and fire protection systems in said districts; levy taxes, issue bonds and revenue certificates to operate, maintain and administer such district and systems; provide what prop erty shall be taxes for such purposes; to provide for the appointment of a water district authority for said county, and fix the power and authority thereof; to fix the terms of office, the salaries, powers and duties of the members thereof; to provide a method for submission of this amendment to said voters for ratification; to provide for neces sary advertising of said proposed amendment; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OP GEORGIA:
SECTION 1
Article XI, Section I of the Constitution of the State of Georgia shall be amended so as to add to said section a new paragraph, to read as follows:
"The governing authority of the County of Clarke is hereby given the authority and power to establish a water, sanitation, sewerage and fire protection district, comprising all the territory in Clarke County, and to establish and administer water, sanitation, sewerage and fire protection systems therein; to levy taxes or assessments on all property in said county therefor. Bonds may be issued for such purposes, and if issued, shall be authorized in all respects as provided by Article VII, Section VII, Paragraph I of the Constitution at an election called and held by the governing authority of Clarke County. Any other provision of this Consti tution to the contrary notwithstanding, such district may issue bonds in an amount up to ten (10%) percent of the assessed valu ation of property located therein subject to taxation for bond pur poses and any such bonds issued by said district shall not affect the amount of bonds Clarke County may issue under Article VII, Section VII, Paragraph I of the Constitution for other purposes. Provided, further, that the homestead exemption granled by Article VII, Section I, Paragraph IV of the Constitution, and the statutes enacted pursuant thereto, shall not be granted and shall not apply to the levy of taxes herein authorized and provided for, either for the operation and maintenance of the systems, or for debt service. Provided further, the planning, construction and establishing of such systems may be financed in whole or in part by the issuance of revenue certificates.
"The governing authority of said County of Clarke may ap point a water district authority, composed of three members, all residents of said county, and delegate to said authority the power and authority to establish and administer water, sanitation, sewer age and fire protection systems for said county; to make necessary plans and surveys for said purpose; to hire necessary employees; to make recommendations to the county authority for the levy of taxes and the issuance of bonds and revenue certificates for the
FRIDAY, FEBRUARY 21, 1958
1325
construction and maintenance of such systems; to enter into con tracts with private persons, firms, partnerships, corporations and with municipal corporations. The original members of said author ity shall be appointed as aforesaid, one for a term of two years, and one for a term of three years and one for a term of four years, and the successors of the original three members shall each be appointed for a term of four years. In case of a vacancy, the county commissioners shall appoint a member for the unexpired term. The salaries of the members of said authority shall be fixed by the county commissioners of said county."
SECTION 2
When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"For ratification of amendment to the Constitution so as to provide for a water, sanitation, sewerage and fire protection system for Clarke County."
"Against ratification of amendment to the Constitution so as to provide for a water, sanitation, sewerage and fire protection system for Clarke 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.
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 Bagby Ballard Barber Barrett Baughman
Birdsong Blalock of Coweta Blalock of Clayton Bodenhamer Boggs Brackin
Bradley Brennan Brooks of Oglethorpe Brooks of Fulton Broome Budd
1326
JOURNAL OF THE HOUSE,
Busbee Cagle Callier Carlisle Carr Carswell Cheatham Cheek Coalson Cocke Cowart Denmark Elder Ellis Eyler Floyd Flynt Fowler of Douglas Fowler of Treutlen Gowen Green of Rabun Greene of Bartow Gross of Stephens Gross of Dade Gunter Hall of Floyd Hall of Lee Hardaway Harper Harrison Helms Henderson Hendrix Hill Hodges of Ware Hogan Holcombe Holloway Hurst Ingle Irvin Johnson Jones of Wayne Jones of Lumpkin
Jones of Baker Jones of Laurens Jones of Sumter Jones of Crawford Kelley Key Killian Lam Lancaster Land Larkins Lee Lindsey Lokey Long Mackay Mann Martin Matthews Miles Miller of Elbert Mobley Moorman Morris Moss Mull Murphy Murr Musgrove McClelland McCracken McGibony McKenna Neese Newton Nichols Odom Orr Overby Palmer Payton Perkins Perry Peters
Pettey Phillips of Columbia Phillips of Walton Pickett Ramsey Ray Rodgers of Charlton Rogers of Heard Ross Rowland Rutland Scoggin Short Sivell Smith of Forsyth Smith of Emanuel Smith of Fulton Smith of Whitfield Smith of Bryan Souter Stephens Story Summers Tabb Tamplin Tarpley Taylor Twitty Walker of Lowndes Walker of Telfair Watson Weems Wells White Willingham Wilson Winkle Wooten Wright of Floyd Wright of Dodge Yandle Mr. Speaker
(Moate)
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.
SR 140. By Senator Hawes of the 30th:
A RESOLUTION Proposing an Amendment to the Constitution so as to provide for the election of members of the Board of Education of Elbert County
FRIDAY, FEBRUARY 21, 1958
1327
by districts; to provide for Education Districts; to provide the procedure connected therewith; to provide for the submission of this Amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article VIII, Section V, Paragraph I, of the Constitu tion, as amended, relating to the County Boards of Education is hereby amended by adding at the end thereof the following:
"The Board of Education of Elbert County shall be composed five members to be elected as hereinafter provided. For the purpose of electing such members of Elbert County as hereby divided into five education districts, (all directions are general directions from the City of Elberton). Education District No. 1 shall be composed of that area outside the corporate limits of the City of Elberton between State Highway 72 (Southwest) and State Highway 17 (Southeast). Education District No. 2 shall be composed of that area outside the corporate limits of the City of Elberton between State Highway 17 (Southeast) and State Highway 72 (East). Education District No. 3 shall be composed of that area outside the corporate limits of the City of Elberton between State High way 72 (East) and State Highway 17 (North). Education District No. 4 shall be composed of that area outside the corporate limits of the City of Elberton between State Highway 17 (North) and State Highway 72 (Southwest). Education District No. 5 shall be composed of that area within the corporate limits of the City of Elberton. Any person offering as a candidate to represent an Education District on the Board must reside in the district from which he offers. Each member of the Board shall be elected by the voters of Elbert County.
"In the event this Amendment is ratified, it shall be the duty of the Ordinary of Elbert County to issue the call for an election, which call shall be issued on or before December 1, 1958. The Ordinary shall set the date for such election on Wednesday, Decem ber 10, 1958. Such election shall be for the purpose of electing the first members of the Board of Education of Elbert County created under this Amendment. 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 Elbert County. The members elected at such election shall take office January 1, 1961. The members elected at such election shall serve for a term of four years ending December 31, 1965, and until their successors are elected and qualified. All future members shall be elected at the same time as other county officers of Elbert County are elected in the year 1960 and each four years thereafter and shall take office on January 1 following their election. Future members shall serve for a term of four years and until their suc cessors are elected and qualified. In the event of a vacancy on the Board, for any cause other than the expiration of a term of office, the remaining members of the Board, by a majority vote, shall appoint a successor to fill the vacancy. The person so appointed to fill the vacancy must reside in the district he is to represent. The removal of any member from the district that he represents shall disqualify the member and vacate his office and a successor shall be appointed as herein provided. The Board shall elect a
1328
JOURNAL OF THE HOUSE,
Chairman who shall serve at the pleasure of the Board. The mem bers of the Board shall be compensated in the amount of $15.00 per diem for the days on which they are actually performing services as members of the Board, but shall not be entitled to be compensated in the amount of more than $30.00 per month unless otherwise provided by law.
"The County Board of Education as provided for herein shall be subject to all constitutional provisions and all statutory provi sions relative to County Boards of Education unless such provisions are in conflict with the provisions of this Amendment."
Section 2. When the above proposed amendment to the Consti tution 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, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
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 election of the Elbert County Board of Education".
"Against ratification of amendment to the Constitution so as to provide for election of the Elbert 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 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 call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Bagby Ballard Barber Barrett Baughman Birdsong Blalock of Coweta
Blalock of Clayton Bodenhamer Boggs Brackin Bradley Brennan Brooks of Oglethorpe Brooks of Fulton
Broome Budd Busbee Cagle Callier Carlisle Carr Carswell
FRIDAY, FEBRUARY 21, 1958
1329
Cheatham Cheek Coalson Cocke Cowart Denmark Elder Ellis Eyler Floyd Flynt Fowler of Douglas Fowler of Treutlen Gowen Green of Rabun Greene of Barlow Gross of Stephens Gross of Dade Gunter Hall of Floyd Hall of Lee Hardaway Harper Harrison Helms Henderson Hendrix Hill Hodges of Ware Hogan Holcombe Holloway Hurst Ingle Irvin Johnson Jones of Wayne Jones of Lumpkin Jones of Baker Jones of Laurens Jones of Sumter Jones of Crawford
Kelley Key Killian Lam Lancaster Land Larkins Lee Lindsey Lokey Long Mackay Mann Martin
Matthews Miles Miller of Elbert Mobley Moorman Morris Moss Mull Murphy Murr Musgrove McClelland McCracken McGibony McKenna Neese Newton Nichols Odom Orr Overby Palmer Payton Perkins Perry Peters Pettey Phillips of Columbia
Phillips of Walton Pickett Ramsey Ray Rodgers of Charlton Rogers of Heard Ross Rowland Rutland Scoggin Short Sivell Smith of Forsyth Smith of Emanuel Smith of Fulton Smith of Whitfield Smith of Bryan Souter Stephens Story Summers Tabb Tamplin Tarpley Taylor Twitty Walker of Lowndes Walker of Telfair Watson Weems Wells White Willingham Wilson Winkle Wooten Wright of Floyd Wright of Dodge Yandle Mr. Speaker
(Moate)
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.
SB 29. By Senators Brown of the 52nd and Sammon of the 34th:
A Bill to be entitled an Act to amend an Act regulating primary elec tion in certain municipalities; and for other purposes.
The following amendment was read and adopted: The Fulton Delegation amends SB 29, as follows:
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JOURNAL OF THE HOUSE,
By striking from the third line of "Section 18" as set out in Section 1 of said Bill the language "second Wednesday in October" and by substituting in lieu thereof the language, "second Wednesday in Sep tember"; and
further by deleting from the fifth and sixth lines of said "Section 18" the language, "on the succeeding fourth Wednesday in October," and substituting in lieu thereof the language "within ten (10) days suc ceeding any such primary originally held pursuant to this section," so that when so amended "Section 18" as set out in Section 1 of said Bill will read as follows:
"Section 18. All primary elections held by any political party or organization shall be held on the second Wednesday in September preceding any general election provided by law for any such city. Any second primary that may be necessary shall be held within ten (10) days succeeeding any such primary originally held pur suant to this Section."
The report of the committee which was favorable to the passage of the Bill, was agreed to, as amended.
On the passage of the Bill, as amended, the ayes were 103, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
SB 309. By Senator Mashburn of the 33rd:
A Bill to be entitled an Act to create a Board of Commissioners of Roads and Revenues for Forsyth County; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 103, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
SB 310. By Senator Mashburn of the 33rd: A Bill to be entitled an Act to change the compensation of the Sheriff and the Clerk of the Superior Court of Forsyth County from the fee system to the salary system; and for other purposes.
The report of the Committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 103, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
SB 311. By Senator Mashburn of the 33rd: A Bill to be entitled an Act to abolish the office of tax-receiver and tax collector of Forsyth County; and for other purposes.
FRIDAY, FEBRUARY 21, 1958
1331
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 103, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
SB 314. By Senator Newman of the 38th:
A Bill to be entitled an Act to change the compensation of the single Commissioner of Roads and Revenues for Haralson County; and for other purposes.
The report 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 Bills and Resolutions of. the House were taken up for the purpose of considering the Senate amendments and substitutes thereto:
HB 1124. By Mr. Bagby of Paulding:
A Bill to be entitled an Act to amend an Act incorporating the Mayor and Aldermen of the City of Dallas; and for other purposes.
The following Senate substitute was read:
AN ACT
To amend the several Acts (Ga. Laws 1956, Vol. II, Pages 29472985) relating to and incorporating the City of Dallas in the County of Paulding, State of Georgia, (Mayor and Aldermen of the City of Dallas), amendatory thereof and supplementary thereto, to provide for a Council-Manager form of government for said City; to provide for such form of government made up of a Council, composed of a Mayor and Aldermen, and of a City Manager; to prescribe and delineate the rights, powers, duties and limitations of said government and of its respective officers, department heads, employees and functionaries; to amend or repeal Resolutions and ordinances of said City and Acts of the General Assembly in conflict with, or inconsistent with this Act; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1
The corporate existence and jurisdiction of "The City of Dallas in the County of Paulding, State of Georgia," (The Mayor and Aldermen of the City of Dallas), and all corporate rights, powers and privileges, and all duties, obligations and liabilities of said City are hereby pre served unto The Mayor and Aldermen of the City of Dallas, except as expressly or by necessary implication altered or amended by this Act;
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and all Ordinances and Resolutions of The Mayor and Aldermen of the City of Dallas, and all Georgia Laws pertaining to said City, now of force shall not be affected or changed by this Act, except in so far as they may be inconsistent with this Act or may be expressly or by necessary implication, repealed or altered by this Act.
SECTION 2
The mayor shall preside at all meetings of the mayor and aldermen and perform all other duties of the office of mayor, except such as may be altered or changed by this Act, expressly or by necessary implica tion; he shall have a voice in all meetings of the mayor and aldermen. In times of danger or emergency, the mayor may, with the consent of the mayor and aldermen, take command of the police and govern the city by proclamation and maintain order and enforce laws. The mayor shall be recognized as the official head of the city.
SECTION 3
The mayor and aldermen shall, wiihin thirty (30) days after this Act become effective, appoint a city manager to serve subject to the pleasure of the mayor and aldermen and shall fix the salary of the city manager. The title of the city manager shall be "City Manager of the City of Dallas." The city manager shall be chosen on the basis of his character and of his executive and administrative qualifications, with special reference to his actual training and experience in, and his knowledge of, accepted practices of his duties as hereinafter set forth. At the time of his appointment the city manager need not be a resident of the City of Dallas or the State of Georgia, but during his tenure he shall reside within the city. Neither the mayor nor any alderman, nor any officer or employee of the city, except an assistant manager, shall receive such appointment during the term for which he shall have been elected or appointed nor within two years after the expiration thereof. If, however, the mayor and aldermen should not be able to secure a city manager to serve at their pleasure, they are authorized to make a contract with the city manager on such terms as may be mutually agreed upon, the term of the contract not to extend beyond the term of the mayor and aldermen.
SECTION 4
Pending the appointment of the first city manager or if there should at any time thereafter be a vacancy in the office of city manager the mayor and aldermen may appoint an acting city manager (who need not have all the qualifications prescribed for the city manager in Section 3), for a period not longer than three (3) months, and fix the salary of such acting city manager. The acting city manager shall exercise all functions of the city manager.
SECTION 5
The mayor and aldermen may remove the city manager by a ma jority vote. At least thirty (30) days before such removal shall become effective, the mayor and aldermen shall by a majority vote adopt a preliminary Resolution stating the reasons for his removal. The man ager may, within ten days, reply in writing and may request a public hearing, which shall be held not earlier than twenty (20) nor later than thirty (30) days after the filing of such request. After such public hearing, if one be requested, and after full consideration, the mayor
FRIDAY, FEBRUARY 21, 1958
1333
and aldermen by majority vote may adopt a final resolution of removal. By the preliminary resolution the mayor and aldermen may suspend the manager from duty, but shall in any case cause to be paid him forth with any unpaid balance of his salary and his salary for the next two calendar months following adoption of the preliminary resolution.
SECTION 6
If on account of the temporary absence or disability of the city manager it should be necessary in the judgment of the mayor and aldermen to designate some person to serve as acting city manager during the temporary absence or disability of the city manager, the mayor and aldermen may appoint a temporary city manager, and fix his compensation.
SECTION 7
The city manager shall have jurisdiction over, to remove when he deems it for the good of the city, all of the employees of each and every department of the city. However, the removal of any employee shall be subject to the approval of the mayor and council.
SECTION 8
In addition to those elsewhere in this Act provided, the following powers are hereby conferred on the city manager and the following duties are require dof him:
(1) He shall be the chief executive officer and head of the admin istrative branch of the city government;
(2) He shall be responsibile to the mayor and aldermen for the proper administration of the affairs committed to his charge;
(3) He shall devote all of his working time to his duties as city manager;
(4) He shall have the right to request the counsel, advice or opinion of the city attorney and assistant city attorneys concerning any matter affecting the interest of the city; and it shall be their duty to respond to such request to the best of their abilities;
(5) He shall have the power, subject to the approval of the mayor and aldermen, to change, consolidate or abolish any of the offices, department or functions over which he exercises supervision and con trol, and create in lieu thereof such other offices, departments and functions as he may deem best, which offices, departments and functions when so created, shall be under his supervision and control as fully as if specified in Section 7 of this Act.
(6) No claims against or in favor of the city shall be paid or col lected without prior approval of the city manager.
(7) All bonds required of the officers and employees shall be sub ject to the approval of the city manager.
(8) He shall attend all meetings, stated and special, of council with the right to take part in the discussions, but not to vote;
(9) He shall have the right to recommend to council for its adoption such measures as he may deem necessary or expedient;
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JOURNAL OP THE HOUSE,
(10) He shall see that all terms and conditions in favor of the city or its inhabitants in contracts with public utilities and others are faithfully kept and performed.
(11) He shall prepare the budget of the city annually, and submit it to the mayor and aldermen, and be responsible for its administration after its adoption by the mayor and aldermen;
(12) He shall prepare and submit to the mayor and aldermen, within ninety (90) days after the end of each fiscal year, a complete annual report on the finances and administrative activities of the city for the preceding year; and make such other financial reports from time to time as may be required by the mayor and aldermen or by the charter of the city;
(13) He shall have the power to investigate the affairs, records, accounts and expenditures of the various commissions created either by ordinances of the Mayor and Aldermen of the City of Dallas or by Acts of the legislature of Georgia relating to the affairs of the City of Dallas, and to report thereon at least once a year to the Mayor and Aldermen of the City of Dallas such matters in reference thereto as he deems advisable;
(14) He shall keep the mayor and aldermen advised of the financial condition of the city and make such recommendations as may seem to him desirable;
(15) He shall perform such other duties as may be required of him by the mayor and aldermen;
(16) The city manager may appoint such officers of the city as he may select to assist him in the preparation of the annual budget, and financial and other reports; subject to the approval of the mayor and aldermen.
The mayor and aldermen shall assign the city manager adequate quarters.
SECTION 9
(1) The purchase of all materials and supplies for the City of Dallas and any department thereof, regardless of quantity, cost or character, shall be made entirely through the board of purchase; pro vided that before said Baord of purchase shall purchase any materials and supplies for said city of the value or cost of $500.00 and over, a resolution shall first be passed by council, authorizing and empowering said board of purchase to advertise, in the manner therein prescribed, for bids for such supplies and to make such purchase or purchases after receipt of bid.
(2) The board of purchase shall consist of the city manager, who shall be chairman of the board, the chairman of the finance committee of the mayor and aldermen, and the Mayor of the city. Two members of the board shall constitute a quorum, provided that one of them shall be the city manager.
SECTION 10
The city manager is hereby authorized and empowered to make and execute contracts within the scope of his duties as defined by this Act (except for materials, supplies and equipment, the purchase of
FRIDAY, FEBRUARY 21, 1958
1335
which is dealt with in Section 9 of this Act); provided, however, that any such contract, other than a contract of employment made by the city manager, must be approved by the mayor and aldermen when the consideration is in excess of $500.00.
SECTION 11
All reports now required to be made or submitted to the mayor, or to the mayor and aldermen, under existing ordinances, shall hereafter be made to the city manager, and a copy thereof submitted to the mayor and aldermen.
SECTION 12
The mayor and aldermen shall deal solely through the city manager with the administrative services, and the departments and functions committed to him by this Act; and no orders shall be given by the mayor or any aldermen to any subordinates of the city manager either publicly or privately, directly or indirectly.
SECTION 13
If any portion of this Act shall be held invalid by a court of com petent jurisdiction, such portion is hereby declared to be severable from the other portions of this Act, and such other portions shall remain of full force and effect.
SECTION 14
This Act shall become effective ten (10) days after its approval by the Governor or otherwise becomes a law.
SECTION 15
All laws and parts of laws and all Resolutions and Ordinances of the Mayor and Aldermen of the City of Dallas, in conflict or inconsistent with this Act are hereby repealed.
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is hereby given that there will be introduced at the January 1958 Session of the General Assembly of Georgia, a Bill to be entitled an Act to amend the several acts relating to and incorporating the Mayor and Aldermen (Council) of the City of Dallas, amendatory there of and supplementary thereto, to provide for a Council-Manager form of government for said City; to provide for such form of government made up of a Council, composed of a Mayor and Aldermen, and of a City Manager; to prescribe and delineate the rights, powers, duties and limitations of said government and of its respective officers, de partment heads, employees and functions; to amend or repeal reso lutions and ordinances of said City and Acts of the General Assembly in conflict with, or inconsistent with, this Act; and for other purposes.
This 7th day of January, 1958.
George T. Bagby, Representative of Paulding County.
(3t9)
Georgia, Paulding County.
Personally appeared before me, the undersigned officer, authorized
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JOURNAL OF THE HOUSE,
by law to administer oaths, T. E. Parker, who after having been duly sworn, deposes and says, that he is the editor and publisher of the Dallas New Era, the legal organ for the County of Paulding, and that the foregoing attached notice was published in said paper on the 9th, 16th and 23rd days of January, 1958, as provided by law.
/s/ T. E. Parker T. E. Parker
Sworn to and subscribed before me, this 8th day of February, 1958.
/s/ Florrie Jo Cook (SEAL) Florrie Jo Cook, Notary Public. Notary Public, Paulding County, Georgia My Commission Expires April 15, 1959.
Mr. Bagby of Paulding moved that the House agree to the Senate substitute.
On the motion to agree, the ayes were 105, nays 0.
The Senate substitute to HB 1124 was agreed to.
HB 1062. By Messrs. Smith, McClelland and Brooks 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 Brown of the 52nd District, moves to amend HB 1062 as follows:
By adding a new section to be known as "Section 2(a)" in the following language, to-wit:
"Section 2(a). BE IT ENACTED that part of the charter of the City of Atlanta now contained in Section 17-37 of the charter of the City of Atlanta, Part I of the Code of the City of Atlanta of 1953, the same being a codification of the Act of 1939, p. 841 et seq., be amended by striking from sub-section (i) of Section 1 of said Sec tion of the Code of the City of Atlanta the word 'police' so that said section 1, subsection (i) when so amended shall read 'officers and employees in the departments of Fire and Education having their own Civil Service or tenure rules' ".
By adding a new section to be known as "Section 2(b)" in the following language, to-wit:
"Section 2(b). BE IT ENACTED that that portion of the charter of the City of Atlanta now contained in Sections 20-23, 20-24 and 20-25, Part I of the Code of the City of Atlanta of 1953 which deal with Civil Service in the Police Department of the City of Atlanta be repealed."
Mr. Smith of Fulton moved that the House disagree to the Senate amend ment and the motion prevailed.
FRIDAY, FEBRUARY 21, 1958
1337
The Senate amendment to HB 1062 was disagreed to.
HB 1087. By Messrs. Brennan, Cheatham, and Eyler of Chatham:
A Bill to be entitled an Act to amend an Act to incorporate the Town of Vernonburg; and for other purposes.
The following Senate substitute was read:
AN ACT
To amend an Act to Incorporate a town to be called Vernonburg, approved March 6, 1866 (Ga. Laws 1865-66, p. 294), as amended, par ticularly by an Act approved October 9, 1885 (Ga. Laws 1884-85, p. 412) and an Act approved December 15, 1888 (Ga. Laws 1888, p. 200), so as to more clearly define the corporate limits of said town; to pro vide a different date for election of officers; to provide different terms for the officers of said town; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1
An Act to incorporate a town to be called Vernonburg, approved March 6, 1866 (Ga. Laws 1865-66, p. 294), as amended, particularly by an Act approved October 9, 1885 (Ga. Laws 1884-85, p. 412) and an Act approved December 15, 1888 (Ga. Laws 1888, p. 200) is amended by striking Section 1 thereof in its entirety and inserting in lieu thereof a new Section which shall read as follows:
"Section 1. That all of that tract of land situate, lying and being in the County of Chatham and State of Georgia, and described as follows: Beginning at a point where Rockwell Avenue extended north ward meets the southernmost tributary of the Vernon River; running thence along the low water mark of said tributary of Vernon River in an easterly direction to the point where the said tributary of Vernon River meets Vernon River proper, and following along the low water mark of the Vernon River in a east-south-southwestern direction and its meanderings to the low water mark of said Vernon River where the same meets a projection of South Rockwell Avenue or the road known as the Back Road at its southernmost point; thence along the easterly boundary of said South Rockwell Avenue in a northward direc tion to Vernonburg Avenue; thence eastwardly along the southern line of Vernonburg Avenue to the intersection of Vernonburg Avenue with Rockwell Avenue; thence Northwardly along the eastern line of Rock well Avenue and Rockwell Avenue Extended to the point of beginning, shall hereafter be known and designated as the Town of Vernonburg, and as such and by said name is hereby incorporated."
SECTION 2
Said Act is further amended by striking therefrom Section 2 in its entirety and inserting in lieu thereof a new section which shall read as follows:
"Section 2. (A) The corporate powers of said town shall be vested in an Intendant and three Commissioners who shall be elected by the
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JOURNAL OP THE HOUSE,
owners of lots in said town. That hereafter the election for Intendant and three Commissioners for the Town of Vernonburg shall be held on the first Wednesday in May on each second year, beginning with the year 1958, that is to say, the next municipal town election after the passage of this Act shall be held on the first Wednesday in May, 1958, and the next municipal election thereafter shall be held on the first Wednesday in May, 1960, and so on each succeeding second year thereafter.
"(B) That the Intendant and Commissioners elected on the first Wednesday in May, 1958, shall meet on July 5, 1958 for organization, at which time each Commissioner and the Intendant shall take oath of office.
"(C) That the term of office of the Intendant and Commissioners elected on the first Wednesday in May, 1958 shall expire at midnight on the first Wednesday in May, 1960.
"(L>) That the Intendant and Commissioners elected on the first Wednesday in May 1960 and on the same date of each succeeding second year thereafter shall meet by at least 8:00 P. M., on the first Thursday in May following their election for organization, and each Commissioner and the Intendant shall take the oath of office."
SECTION 3
All laws and parts of laws in conflict with this Act are hereby repealed.
STATE OF GEORGIA CHATHAM COUNTY
Personally appeared before the undersigned officer, duly authorized under the laws of Georgia to administer oath, Jewel Lucas who on oath deposes and says that she is Advertising Clerk of the Savannah News-Press, Inc., a corporation of this State, with its principal office in the City of Savannah, and that the Savannah News-Press, Inc., publishes the Savannah Evening Press, a public gazette published daily in the City of Savannah, of general circulation, and official organ of Chatham County, Georgia, and that the following
LEGAL NOTICE
Notice is hereby given of intention to apply for passage of local legislation at the next session of the General Assembly of Georgia to amend an act of the General Assembly dated March 6, 1866, and an act of the General Assembly dated December 15, 1888, so as to provide a different date for election of Officers, and a different term of Office for the said Officers, to provide for proper qualifications of electors and registration thereof, to more clearly define the boundaries of said town, to repeal conflicting laws, and for other purposes. On this, the 27th day of December, 1957.
SHELBY MYRICK, JR. Town Attorney, Vernonburg.
has been published in said Savannah Evening Press, once a week for 3 weeks, to-wit in the regular issues of December 30-1957 January 6-13-1958.
/s/ Jewel Lucas
FRIDAY, FEBRUARY 21, 1958
1339
Sworn to and subscribed before me this 13 day of January, 1958.
/s/ Esther Zittrauer (SEAL) Notary Public, Chatham County, Ga.
Form 122-C-2M
STATE OF GEORGIA COUNTY OF FULTON
Before me, the undersigned Notary Public, personally appeared Frank S. Cheatham, Jr., Edgar P. Eyler and Edward T. Brennan who upon being sworn deposed and say that they are the authors of the local bill to which this affidavit is attached and notice of intention to introduce the same was published in the Savannah Evening Press, the official organ of Chatham County, on December 30, 1957, and Janu ary 6 and January 13, 1958.
/s/ Frank S. Cheatham, Jr. Frank S. Cheatham, Jr.
/s/ Edgar P. Eyler Edgar P. Eyler
/s/ Edward T. Brennan Edward T. Brennan
Sworn and subscribed before me this 11 day of February, 1958.
/s/ E. T. Ramford Notary Public
Mr. Cheatham of Chatham moved that the House agree to the Senate substitute.
On the motion to agree, the ayes were 105, nays 0.
The Senate substitute was agreed to.
HR 408-1005e. By Mr. Miller of Elbert:
A Resolution to compensate James W. Ray; and for other purposes.
The following Senate amendment was read:
The Committee on Appropriations amends HR 408-1005e by strik ing last paragraph thereof:
Now, therefore be it resolved by the General Assembly of Georgia that the State Department of Defense is hereby authorized and directed to pay to Mr. James W. Ray, the sum of $309.19 as compensation, as set out above. Said sum shall be paid from the funds appropriated to or available to said Department.
Mr. Miller of Elbert moved that the House agree to the Senate amendment.
On the motion to agree, the ayes were 110, nays 0.
The Senate amendment to HR 408-1005e was agreed to.
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JOURNAL OP THE HOUSE,
HE 169-526c. By Mr. Pickett of Polk:
A Resolution to compensate David Tanner for damages; and for other purposes.
The following Senate amendment was read:
The Senate Committee on Appropriations moves to amend HR 169-526c by striking $300.00 and substituting in lieu thereof "$150.00".
Mr. Pickett of Polk moved that the House agree to the Senate amendment.
On the motion to agree, the ayes were 110, nays 0.
The Senate amendment to HR 169-526c was agreed to.
HB 1066. By Messrs. Smith, Brooks, and McClelland of Fulton:
A Bill to be entitled an Act to authorize the Board of Commissioners of Roads and Revenues for Fulton County to establish rules governingpayment of pensions to county employees; and for other purposes.
The following Senate amendment was read:
Senator Brown of the 52nd District moves to amend HB 1066 as follows:
By striking Section 1 in its entirety and inserting in lieu thereof s. new paragraph to be known as Section 1 but as follows:
SECTION 1
Pension payments due to former officers and employees who have to their credit 25 years or more of service with said county and who have retired as a matter of right and have been awarded pensions under the terms of this Act, as amended, and all such officers and employees who may hereafter retire as a matter of right shall, in addition to the basic pension provided by said Act, receive $5.00 per month for each full year's active service in excess of 25 years. The record kept in the office of the comp troller shall be conclusive as to the time served.
And to further amend said bill by striking Section 2 in its entirety and inserting a new paragraph to be known as Section 2, as follows:
SECTION 2
Pension payments due all former officers and employees who have retired prior to April 1, 1955, and who have to their credit 25 years or more of service with said county, and have been awarded a pension under the provisions of this Act, who have reached seventy years of age, or who shall hereafter reach seventy years of age, shall be recomputed upon the following basis: The total pension benefits shall be a sum equal to one-half of the average monthly salary of such former employee during the last three years of his active service to the county, but shall not exceed the sum of $150.00 per month. The pen sion payments due to persons who were retired because of disab : lity or for a period of service less than 25 years, shall receive a minimum
FRIDAY, FEBRUARY 21, 1958
1341
of $4.00 per month for each full year of active service to such county subject to the limitations set out in this Act as amended.
Mr. Smith of Fulton 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 1066 was agreed to.
HB 789. By Mr. Hawkins of Screven:
A Bill to be entitled an Act to amend an Act relating to purposes for which counties may levy taxes; and for other purposes.
The following Senate amendment was read:
The Committee on Education moves to amend HB 789, as follows:
By striking the title in its entirety and inserting in lieu thereof a new title, to read as follows:
"To be entitled an Act to amend Code Section 92-3701, as amended, relating to the purposes for which counties may levy taxes, so as to authorize counties to levy a tax for school lunch purposes; to repeal conflicting laws; and for other purposes."
By striking Section 1 in its entirety and inserting in lieu thereof a new Section 1, to read as follows:
"Section 1. Code Section 92-3701, as amended, relating to the purposes for which counties may levy taxes, is hereby amended by striking subparagraph 3 in its entirety and inserting in lieu thereof a new subparagraph 3, to read as follows:
'3. For educational purposes, including school lunch pur poses, upon property located outside of independent school sys tems, as provided in Article VIII of the Constitution of Geor gia, as amended.' "
Mr. Hawkins of Screven moved that the House agree to the Senate amend ment.
On the motion to agree, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Ballard Barber Barrett Birdsong
Black Blalock of Coweta Blalock of Clayton Bodenhamer Brackin
Brennan Brook of Fulton Broome Budd Burkhalter
Busbee Cagle Carlisle Carr Chastain
Cheatham Cheek Cocke Cowart Craven
Denmark Dorminy Fowler of Douglas Fowler of Treutlen Frazier
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JOURNAL OF THE HOUSE,
Gowen Green of Rabun Griffith Gross of Stephens Gross of Dade Hall of Ployd Hall of Lee Hardaway Harper Harrison Hawkins Henderson Hodges of Ware Hogan Holcombe Holloway Irvin Johnson Jones of Wayne Jones of Baker Jones of Laurens Jones of Crawford Kelley Key Kidd King Lam Lancaster
Lee Lindsey Lokey Matthews Miller of Elbert Mobley Moss Murphy Musgrove McClelland McGibony McKenna Neese Nichols Odom Orr Palmer Payton Pelham Perkins Perry Peters Phillips of Walton Pickett Ray Reed Rodgers of Charlton Rogers of Heard
Ross Roughton Scoggin Sheffield Singer Smith of Emanuel Smith of Fulton Smith of Whitfield Smith of Bryan Souter Story Summers Tabb Tamplin Taylor Todd Twitty Underwood Walker of Lowndes Watson Wells White Wilson Winkle Wooten Wright of Floyd Wright of Dodge Yandle
On the motion to agree, the ayes were 114, nays 0.
The Senate amendment to HB 789 was agreed to.
The following Resolutions of the House and Senate were read and adopted:
HR 525. By Mr. Tarpley of Union:
A Resolution commending "Catfish" Bill Parker; arid for other pur poses.
HR 526. By Messrs. Hawkins of Screven and Overby of Hall:
A RESOLUTION
Providing for Youth Appreciation Week; and for other purposes.
WHEREAS, the Optimist Clubs of this State and all over the
country have as their primary consideration the youth of this country,
and are continually assisting our young citizens in various endeavors,
I
and
WHEREAS, the Optimist Clubs are promoting a project to set aside a week to be known as Youth Appreciation Week, and legislation relative thereto has been introduced in the Congress of the United States, and
WHEREAS, by assisting the youth of our country the Optimist Clubs are helping to combat juvenile delinquency.
FRIDAY, FEBRUARY 21, 1958
1343
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the first week in November is hereby designated as "Youth Appreciation Week," and the citizens of Georgia are hereby urged to assist the youth of our State and country, and to appropriately observe said week.
SR 150. By Senator Hawes of the 30th:
A Resolution relative to the Mental Health Study Committee; and for other purposes.
SR 144. By Senator Gillis of the 16th:
A Resolution proposing that the Appropriations Committee of the Sen ate, with the Appropriations Committee of the House be authorized and directed to continue their investigations after this session of the General Assembly is concluded; and for other purposes.
HR 497. By Messrs. Veal of Putnam, Orr of Wilkes and Payton of Coweta:
A Resolution relating to the Welfare Committee; and for other pur poses.
The following Report of the Committee on Rules was read and adopted: February 21, 1958
MR. SPEAKER: Your Committee on Rules met and fixed a calendar for today's business,
Friday, February 21, 1958 and submits the following: SB 31. Wills, estates SB 32. Guardians and wards SB 36. Dower, repeal code SR 50. Committee, school subjects SB 53. Registration, foresters SR 44. Committee, insurance investments SR 91. Land, Richmond County SR 94. Medical Scholarships SB 106. Solicitor-General, O.A.S.I. SB 107. Licensing, Ins. Companies SR 110. Investigate teacher pay SR 111. Study Committee, elections SR 126. Income Tax, returns SR 138. Industry, promote SR 151. Workmen's Comp. Bd.; investigate SB 183. Divorce, alimony, procedure
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JOURNAL OF THE HOUSE,
SB 184. Holding Superior Cts. SB 188. Motor Driven Cycles SB 193. Minimum speed, highways SB 198. Juvenile Cts. SB 201. Drivers' license, revocation SB 203. Mentally ill persons SB 205. Mental health, division SB 208. Summary judgments (pp. 2/21/58) SB 214. Deposits, divorce cases SB 215. Title, real property SB 236. Colleges, certificate of approval SB 237. Teachers, revoke certificates SB 259. Stocks and bonds, purch. of SB 268. Registered Engr. exam. SB 270. Juvenile cts. probation violation SB 34. Conveyance property, deceased persons SB 272. Bills of Exception SB 273. Divorce, publication SB 276. Judgments, dormancy SB 282. Leases, record SB 291. License, lost hunting and fishing SB 292. Wills, executors SB 290. Game & Fish, revoke licenses SB 293. Nursing homes SB 298. Accountancy, registration fee SB 315. Oil wells
The Speaker in his discretion may call any Bill on the Rules Calendar in any order that he deems expedient.
After this Calendar has been exhausted the Speaker may in his discretion call up any Bill eligible for consideration except those specifically rejected by the Rules Committee.
HAWKINS OF SCREVEN, Vice-Chairman McCRACKEN of JEFFERSON, Secretary
Under the order of business established by the Committee on Rules, the
FRIDAY, FEBRUARY 21, 1958
1345
following Bill and Resolution of the Senate were taken up for consideration and read the third time:
SB 31. By Senators Trotter of the 37th and Langdale of the 6th:
A Bill to be entitled an Act to amend an Act relating to wills and administration of estates; and for other purposes.
The following Committee substitute was read:
A BILL
To be entitled an Act to amend Code Section 113-301, 113-409, 113-502, 113-601, 113-602, 113-607, 113-617, 113-618, 113-703, 113-802, 113-1002, 113-1212, 113-1216, 113-1217, 113-1401, 113-1505, 113-1517, 113-1518, 113-1601, 113-1602, 113-1603, 113-1605, 113-1517, 113-1518, 113-1601, 113-1602, 113-1603, 113-1605, 113-1701, 113-1702, 113-1703, 113-1704, 113-1705, 113-1706, 113-1716, 113-2010, 113-2104, as amended, relating to wills and administration of estates; to amend an Act ap proved March 20, 1943 (Ga. Laws 1943, p. 409), relating to accountings and returns of administrators, executors, guardians, and other fiduci aries; to amend an Act approved March 4, 1945 (Ga. Laws 1945, p. 167, providing a procedure by which heirs at law of a deceased owner of real or personal property located in this state who dies intestate may apply for and obtain an order finding that no administration of the estate of the deceased owner is necessary; so as to change the number of witnesses required to attest a will; to change the provisions as to the probate of a will; to provide a change in the service upon interested persons; to provide a change as to the probate of a foreign will; to change the provisions as to the assent of an executor to a devise or legacy; to change the bond provisions; to remove freehold require ments of appraisers; to extend the provision as to bonds for title to contracts for the sale of land; to permit the administrator or executor to include the cost of bond premium as an expense; to provide that any property of the principal and the surety or the sureties may be subject to levy to satisfy a judgment against them; to change the provisions as to accountings and returns of administrators, executors, guardians and other fiduciaries; to provide that certain property may be subject to no administration; to provide that an administrator or executor who is administering an estate which is subject to the making of a state tax return shall not be required to make a final return until he has obtained a clearance from the Internal Revenue Department; to provide for the access to safety deposit boxes leased or rented to fiduciaries; to provide for the private sale of perishable property or property that is likely to deteriorate or that is expensive to be kept, without a court order or subsequent confirmation by the Court; to provide for the manner of conducting public sales; to provide for the terms of such sales; to provide that wild lands shall be sold in the same manner as other lands; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Code Section 113-301, relating to the formalities of the execution of wills is hereby amended by striking the word "three" and inserting in lieu thereof the word "two" so that said section, as so amended, shall read:
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"113-301. All wills (except nuncupative wills) disposing of realty or personalty shall be in writing, signed by the party mak ing the same or by some other person in his presence and by his express direction, and shall be attested and subscribed in the presence of the testator by two or more competent witnesses."
Section 2. Code Section 113-409, relating to the republication of a will, is hereby amended by striking the word "three" and in lieu thereof inserting the word "two" so that Code Section 113-409, as so amended, shall read:
"113-409. A codicil properly executed and annexed to a will shall amount to a republication of the same. Any writing executed with all the formalities required for a will may operate as a republication. A republication of the same paper in the presence of two witnesses, who shall subscribe as additional attesting wit nesses shall be good. A parol republication in the presence of the original witnesses to the will shall be good."
Section 3. Code Section 113-502, relating to the witnesses to nun cupative wills, is hereby amended by striking said section in its entirety and in lieu thereof inserting the following:
"113-502. No nuncupative will shall be good unless proved by the oaths of at least two competent witnesses who were present in the making thereof; nor unless it shall be proved that the testator, at the time of pronouncing the same, bade the persons present, or some of them, to bear witness that such was his will, or to that effect; nor unless such nuncupative will was made in the time of the last sickness of the deceased."
Section 4. Code Section 113-601, relating to the probate of a will in common form is hereby amended by striking said section in its entirety and in lieu thereof inserting the following:
"113-601. Probate of a will may be either in common or solemn form. In the former case, upon the testimony of a single subscrib ing witness, and without notice to anyone, the will may be proved and admitted to record. Such probate and record is not conclusive upon anyone interested in the estate adversely to the will; and if afterward set aside, does not protect the executor in any of his acts further than the payment of the debts of the estate. Pur chasers under sales from him, legally made, will be protected, if bona fide and without notice. The petition to probate a will in common form shall be verified by the oath of the applicant, and shall set forth the same information required in an application to probate a will in solemn form, and said petition shall conclude with a prayer for the issuance of letters testamentary."
Section 5. Code Section 113-602, relating to the probate of a will in solemn form, is hereby amended by striking said section in its entirety and in lieu thereof inserting the following:
"113-602. Probate by the witnesses, or probate in solemn form, is the proving of the will, after due notice to all the heirs at law, by all the witnesses in life and within the jurisdiction of the court, or by proof of their signatures and that of the testator, if the witnesses are dead, blind, incompetent or inaccessible, and the ordering to record of the will so proved. Such probate is conclusive
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upon all the parties notified, and all the legatees under the will who are represented in the executor. The petition to probate a will in solemn form shall be verified by the oath of the applicant, and shall set forth the full name, place of domicile, the legal residence, the date of the death of the testator, the post office address of the petitioner, and the names, ages and addresses of the surviving spouse and of all the heirs at law, stating their relationship to the testator, and in the event full particulars are lacking, the peti tion shall state the reasons for any such omission. Every such petition shall conclude with a prayer for the issuance of letters testamentary, and if all of the heirs at law are sui juris and shall acknowledge service of the petition and notice, and shall in such acknowledgement assent thereto, the will may be admitted to record on proper proof, and letters may thereupon issue without further delay."
Section 6. Code Section 113-607, as amended particularly by an Act approved February 23, 1955 (Ga. Laws 1955, p. 217) relating to the notice of motion for probate in solemn form, is hereby amended by striking said section in its entirety and in lieu thereof inserting the following:
"113-607. Notice of motion for probate in solemn form.-- Nothing of a petition for probate in solemn form shall be per sonal, if the party resides in the State, and is known, and shall be served at least 10 days before the probate is to be made, except that, if waived in writing, such 10 day provisions shall not apply. When a party to be served is unknown, or a known party resides without the State either voluntarily or involuntarily under cir cumstances which make it difficult to determine if said person is a legal resident of Georgia or of some foreign State, or if his place of residence be unknown upon the fact being made to appear the court shall order service to be perfected by publication in the newspaper in which sheriff's advertisements are published in the county in which the application for probate in solemn form is made, once a week for four weeks, provided, however, that such publication need not be made if service is acknowledged by the non-resident party or the party whose legal residence is in doubt. The records of the court shall show the person notified and the character of the notice given.
(a) Such published notice shall contain a caption setting forth the court, the time the order for service by publication was granted, the name of the deceased and the fact that application has been made to probate the will of such deceased in solemn form and the name of the applicant who seeks letters testamentary or continuance in force of letters testamentary previously granted, if any, and shall contain a notice directed and addressed to the party to be served, if known, and to known parties residing with out the state either voluntarily or involuntarily under circumstances which make it difficult to determine if said person is a legal resident of Georgia, or of some foreign State, and to parties whose place of residence may be unknown, and if all parties are not known then and in that event to all and singular the heirs at law of such deceased, commanding him or them, or all as the case may be, that is, such known non-resident party or parties or any known party or parties residing without the State either volun tarily or involuntarily under circumstances which make it difficult
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to determine if said person is a legal resident of Georgia or of some foreign State, parties whose residence is unknown and such unknown heir or heirs, to be and appear at the time specified, before the court to then and there show cause if any there be why the probate in solemn form of such Will should not be had and shall bear teste in the name of the ordinary, and shall be signed by the clerk of the court of ordinary, if there be one other than the ordinary, and if not, then by the ordinary as clerk of the court, and shall have thereon the seal of the court.
(b) Where the residence or abiding place of a non-resident to be notified is known or if a known party resides without the State either voluntarily or involuntarily under circumstances which make it difficult to determine if said person is a legal resident of Georgia or of some foreign state, the propounder shall file in the Court within three days after the first publication of the notice a copy of the newspaper in which the notice is published with such notice plainly marked; and, thereupon, it shall be the duty of the clerk of the court of ordinary, if there be one other than the ordinary, and if not, then the duty of the ordinary, as clerk of the court, within two days after the filing of such news paper in the court, to enclose, direct, stamp and mail said paper to the party to be notified.
(c) When service by publication is ordered pursuant to this law in the matter of probate of a will in solemn form, compliance with the provisions of this law relating to a party to be notified who is unknown or is known and his residence is unknown, or who resides without the State, or who resides without the State either voluntarily or involuntarily under circumstances which make it difficult to determine if said person is a legal resident of Geor gia or of some foregn State, shall be equivalent to personal service of a copy of the petition, citation, and order for publication when that fact appears in the records of the court showing the persons notified and the character of the notice given. In the case of an unknown person, it shall be sufficient if the records of the court show publication notice directed to all and singular the heirs at law of such deceased and compliance with this law. In the case of a non-resident person known, or a known person whose residence is unknown, or a known person residing without the State either voluntarily or involuntarily under circumstances which make it difficult to determine if said person is a legal resident of Geor gia or of some foreign State, his name shall appear in the records of the court, and such records shall show as to him compliance with this law. In any case where there may be a party unknown, a known non-resident of the State or a known party whose resi dence is unknown or a known party residing without the State either voluntarily or involuntarily under circumstances which make it difficult to determine if said person is a legal resident of Geor gia or of some foreign State, to be notified, one order for publi cation shall be sufficient and the notice to be published shall be directed as provided in Subparagraph (a) of this law.
(d) Infants, insane persons, deaf and dumb persons, when incapable of managing their estates, habitual drunkards, persons who are incompetent due to senility, old age or other cause and incapable of managing their estates, shall be served as provided
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by this law: Provided, however, the court of ordinary may appoint a guardian ad litem for any such person who does not have a guardian qualified under the laws of this State, and such guardian ad litem shall be responsible to such person for his conduct in connection with the probate of said will in solemn form in the same manner as if he were a regularly qualified guardian. A copy of the petition for probate in solemn form, citation and order for publication shall be served upon the guardian ad litem and such service shall be equivalent to personal service on any such person as if he were sui juris and a resident of this State.
(e) All persons over 18 years of age may acknowledge serv ice of any proceeding to be filed or pending in a Court of Ordinary of this state.
(f) A person in military service, even though under 18 years of age, shall be permitted to acknowledge service. If service is not acknowledged, a certificate of service by delivery to such person wherever located, by a commissioned or commanding officer shall be a good service.
(g) Incompetent persons, residents of Georgia but confined in another state, may be served by service on a guardian ad litem appointed in Georgia, and by the delivery of a copy to the incom petent by a member of the staff of the institution where the in competent is confined, who shall make a certificate of such delivery."
Section 7. Code Section 113-617, relating to nuncupative wills is hereby amended by striking said section in its entirety and in lieu thereof inserting the following:
"113-617. Application for probate of a nuncupative will shall be made before the court within six months after the death of the testator. The petition to probate a nuncupative will, in addi tion to other necessary averments, shall set forth the information required in a petition to probate a will in solemn form. The peti tion shall be verified and shall conclude with a prayer for the issuance of letters testamentary."
Section 8. Code Section 113-618, relating to notice to be given to heirs upon the application for probate of a nuncupative will, is hereby amended by striking said section in its entirety and in lieu thereof inserting the following:
"113-618. Upon all applications for probate of nuncupative wills, the notice required on probate of other wills in solemn form shall be given to the heirs at law. No acknowledgment of service in the case of nuncupative wills shall serve to expedite the probate thereof to any date prior to the date when the hear ing on the application in due course is to be held."
Section 9. Code Section 113-703, relating to the probate of foreign wills, is hereby amended by striking said Code Section in its entirety, and in lieu thereof inserting the following:
"113-703. If said foreign will has been admitted to probate in a State of the United States of which the testator was a resi dent at the time of his death, such probate shall be final and full
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faith and credit shall be extended thereto in this State upon the production of an exemplification of the probate proceedings, certi fied according to the provisions of Section 38-627, and a certified copy of the will, and may be attacked or resisted on the same grounds as other judicial proceedings from a State of the United States."
Section 10. Code Section 113-802, relating to the assent of an executor to a devise or legacy, is hereby amended by striking said Code Section in its entirety, and in lieu thereof inserting the following:
"113-802. The assent of the executor may be express or may be presumed from his conduct. Assent should be evidenced by a conveyance of realty or tangible personalty or by an assignment or transfer of a chose in action. In the absence of a prior assent, the discharge of the executor shall be conclusive evidence of his assent. If no assent has been given within one year after the executor has qualified, a devisee or legatee may cite the executor in the court of ordinary to show cause why his assent should not be given or may compel him to assent by an equitable proceeding. The executor may not, by assenting to legacies, interfere with the rights of creditor, nor can he, by capriciously withholding his assent, destroy the legacy."
Section 11. Code Section 113-1002, as amended, relating to year's support is hereby amended by striking said section in its entirety and in lieu thereof inserting the following:
"113-1002. Among the necessary expenses of administration, and to be preferred before all other debts, except as otherwise specially provided, is the provision for the support of the family, to be ascertained as follows: Upon the death of any person testate or intestate, leaving an estate solvent or insolvent, and leaving a widow, or a widow and minor child or children, or minor child or children only, it shall be the duty of the ordinary, on the application of the widow, or the guardian of the child or children, or any other person in their behalf, on notice to the representative of the estate (if there be one, and if none, without notice), to ap point five discreet appraisers; and it shall be the duty of such appraisers, or a majority of them, to set apart and assign to such widow and children, or children only, either in property or money, a sufficiency from the estate for their support and maintenance for the space of 12 months from the date of administration, in case there is administration on the estate, to be estimated accord ing to the circumstances and standing of the family previous to the death of the testator or intestate and keeping in view also the solvency of the estate. If there is a widow, the appraisers shall also set apart for the use of herself and children, a sufficient amount of the household furniture. The amount set apart for the family shall in no event be less than the sum of $1600 if the estate is of that value; and if it shall appear upon a just appraise ment of the estate that it does not exceed in volue the sum of $1600, excluding household goods and furnishings, it shall be the duty of the appraisers to set apart the whole of said estate for the support and maintenance of the widow and child or children, of, if no surviving widow, to the lawful guardian of the child or children, for their benefit: Provided, that all taxes and liens for taxes accrued against property, and equity of redemption which
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is embraced in a year's support duly set apart, shall be hereby divested, the same as if the entire title were included in such year's support. All applications for a year's support from the estate of a decedant shall be filed within seven years from the date of the death of such deceased."
Section 12. Code Section 113-1212, relating to the citation and the hearing of the order granting letters, is hereby amended by strik ing said Code Section in its entirety, and in lieu thereof inserting the following :
"113-1212. The ordinary shall issue a citation, giving notice of the application to all concerned, in the newspaper in which the legal advertisements are usually published, once a week for four weeks, and the hearing thereon may be had and letters issued at any time after service has been completed. Provided, however, that if all the heirs are su juris and have acknowledged service and consent thereto, a permanent administrator may be appointed and letters issued at any time after the application has been filed."
Section 13. Code Section 113-1216, relating to the bond of the executor, is hereby amended by striking said Code Section in its entirety, and inserting in lieu thereof the following:
"113-1216. An executor shall not be required to give bond on qualification; but the ordinary, on his own motion, or upon the representation of any person in interest, that an executor is mis managing the estate, or is about to remove it without the State, may require such executor to show cause why he should not give bond and security, in an amount of not more than 125 per cent of the value of the estate, for the faithful execution of his trust; and on his failure to give bond when and as required, the ordinary may revoke his letters and appoint another representative for the estate. The executor who has given bond shall be liable to all the rules and regulations prescribed in reference to the bonds and sureties of administrators."
Section 14. Code Section 113-1217, relating to the bond of an administrator, is hereby amended by striking said Code Section in its entirety, and in lieu thereof inserting the following:
"113-1217. Every administrator, when required by the ordi nary, shall give bond with good and sufficient security, to be judged by the ordinary, in a sum equal to 125 per cent of the value of the estate to be administered. Such bond shall be payable to the ordinary, for the benefit of all concerned, attested by him or his clerk, and shall be conditioned for the faithful discharge of his duties as such administrator, as required by law. A substantial compliance with these requisites for the bond shall be deemed sufficient, and no administrator's bond shall be declared to be invalid by reason of any variation therefrom, as to payee, amount, or condition, where the manifest intention was to give bond as administrator, and a breach of his duty as such has been proved."
Section 15. Code Section 113-1401, relating to appraisers of the property of the deceased, as amended by an Act approved March 27, 1947 (Ga. Laws 1947, p. 861), is hereby amended by striking the word
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"freeholders" and the comma following, and the words "lying and being", so that said Section as so amended, shall read:
"113-1401. Immediately upon the qualification of every ad ministrator, the ordinary shall issue a warrant of appraisement directed to five disinterested citizens of the county where the administration is pending, any three of whom shall be qualified to act, requiring them on oath fairly and justly to appraise and value all of the personal property of the deceased produced to them by the administrator, and also all real estate belonging to the deceased, whether said real estate be situated in the county where the administration is pending or in any other county of the State of Georgia.
Section 15 (a) Code Section 113-1505, relating to the notice to creditor to render accounts, is hereby amended by striking said section in its entirety and inserting in lieu thereof the following:
"113-1505. Every administrator shall give four weeks' notice by advertisement in one of the public newspapers of this State, for creditors of the estate to render an account of their demands. The administrator shall be allowed 12 months from the date of his qualification, to ascertain the condition of the estate. Creditors failing to give notice within six months lose all rights to an equal participation with creditors of equal dignity to whom distribution is made before notice of such claims is brought to the adminis trator; nor can they hold the administrator liable for a misappro priation of the funds; if, however, there are assets in the hands of the administrator sufficient to pay such debts, and no claims of higher dignity are unpaid, the assets shall be thus appropriated notwithstanding the failure to give notice."
Section 16. Code Section 113-1517, relating to investment in land by executors and administrators, is hereby amended by striking said Code Section in its entirety, and in lieu thereof inserting the fol lowing:
"113-1517. Executors and administrators are authorized to invest any funds held by them in lands, provided an order to that effect shall be first obtained from the ordinary or from the Judge of the Superior Court, in term or vacation, who shall be authorized to pass upon such application immediately, if all the heirs or beneficiaries are sui juris and have acknowledged service and consent thereto, or at any time after ten days after service is perfected."
Section 17. Code Section 113-1518, as amended, relating- to legal investments of guardians, administrators, executors, and trustees, is hereby amended by adding a new paragraph at the end thereof to read as follows:
"Executors, administrators, guardians, and trustees are au thorized, unless otherwise provided in the fiduciary instrument, to retain the property owned by the estate, ward, or cestui que trust, even though such property may not otherwise be a legal invest ment, and shall not be liable for such retention, except for gross neglect. In the case of corporate securities, they may likewise retain the securities into which the securities originally received may be converted or which may be derived therefrom as a result
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of merger, consolidation, stock dividends, splits, liquidations, and similar procedures."
Section 18. Code Section 113-1601, relating to the application by a holder of a bond to make title to land, is hereby amended by striking said Code Section in its entirety, and in lieu thereof inserting the following:
"113-1601. If an intestate, or a testator whose executor is not authorized by the terms of the will, during his life, shall execute a bond to make title to land, or a contract for the sale of land, and die without making title or fulfilling the terms of the con tract for the sale of land, the holder of such bond for title, or of the contract for the sale of land, after having complied with the conditions or obligations therein, may apply to the ordinary hav ing jurisdiction over the estate for an order requiring the adminis trator or the executor to make title according to the terms of the bond for title, or of the contract, and in all cases attaching to his petition for such an order a copy of the bond or of the contract."
Section 19. Code Section 113-1602, relating to the procedure for obtaining an order requiring an administrator or executors to make title pursuant to the terms of a bond for title, is hereby amended by striking from the first sentence the word "fifteen" and substituting the word "ten", by adding after the word "deceased" in the first sentence the words "unless waived", and by adding after the word "bond" in the third sentence the words "or contract for the sale of land", so that said section, when so amended, will read as follows:
"113-1602. Ten days' notice shall be given in writing to the administrator or executor, and notice shall be given to the heirs at law of said deceased, unless waived, by publication in the newspaper publishing the legal advertisements of the county once a week for four weeks. If no objection is filed, and the ordinary is satisfied of the truth of the allegations in the petition, the order shall be granted. When objections in writing are fHed in the office of said ordinary, it shall be the duty of the ordinary to hear evidence as to the fact whether the conditions of said bond or contract for the sale of land have been complied with by the payment of the purchase money or not, and to grant an order requiring said title to be made or not, as he may think the prin ciples of justice may require; and either party, being dissatisfied with the decision, may appeal to the superior court upon the same terms as appeals are granted in other cases."
Section 20. Code Section 113-1603, relating to applications by heirs at law of a deceased for an order requiring title to be made pursuant to a bond for title, is hereby amended by adding after the words "bond for title" the words "or contract for the purchase and sale of land", by adding at the end of the first sentence the words "unless by the terms of a will the title should vest otherwise", and by adding after the word "administrator" in the last sentence the words "or executor", so that said section, when so amended, will read as follows:
"113-1603. If the vendee shall die, having possession under a bond for title, or under a contract for the purchase and sale of land, or having paid the purchase money for land, the ordinary
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of the county having jurisdiction of the estate, upon a similar application by any one of the heirs at law of the vendee, and on notice to the vendor, as provided in the foregoing section, may order the title to be made to the heirs at law of the deceased, unless by the terms of a will the title should vest otherwise. The making of such a title, however, shall not prevent such lands from being assets in the hands of the administrator or executor for the payment of debts."
Section 21. Code Section 113-1605, providing for the taxing of costs in an application for an order for the making of title, is hereby amended by adding after the word "bond" the words "or contract for the sale of land", so that said section, when so amended, will read as follows:
"113-1605. Whenever the party making the bond or contract for the sale of land shall have died before the time at which the title was to be made, and before the purchase money became due, the cost of the proceeding shall be paid by the representative of the estate; but if the time for making such title and the payment of the money elapsed before the death of the obligor, the costs shall be paid by the applicant."
Section 22. Code Section 113-1701, relating to the sale of perish able property, is hereby amended, by striking said section in its entirety and in lieu thereof inserting the following:
"113-1701. Perishable property or property that is likely to deteriorate or is expensive to keep, may be sold at private sale for cash without previously procuring a court order authorizing the same, and without the necessity of subsequent confirmation by the court."
Section 23. Code Section 113-1702, as amended by an Act ap proved March 20, 1943 (Ga. Laws 1943, p. 236), relating to sales by administrators, is hereby amended by striking said section in its entirety and lieu thereof inserting the following:
"113-1702. All public sales by administrators shall be at pub lic outcry, between the hours of 10 o'clock A.M., Eastern Standard Time, and four o'clock P.M., Eastern Standard Time, and no sale shall be continued from day to day unless so advertised. Good faith is required by the administrator in all cases that the property may be sold in such manner and quantities as shall be deemed most advantageous to the estate."
Section 24. Code Section 113-1703, relating to the terms of sales by administrators, is hereby amended by striking said section in its entirety and in lieu thereof inserting the following:
"113-1703. The admnistrator or the executor, where the will is silent on the subject, may exercise his discretion, except where otherwise provided, in demanding cash for extending credit. Full notice shall be given, and the best interest of the estate observed. If credit shall be given, the administrator or executor shall, at his own risk, determine the sufficiency of the security given. If the security taken is ample at the time credit is extended, and subse quently the debt is lost after the utmost diligence by the adminis trator or executor, he shall not be responsible for the amount."
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Section 25. Code Section 113-1704, providing for the private sale of wild lands, is hereby amended by striking said section in its entirety and in lieu thereof inserting the following:
"113-1704. Wild lands shall be sold in the same manner and upon the same terms as other lands."
Section 26. Code Section 113-1705, relating to the sale of in solvent or doubtful notes, judgments, accounts or other evidence of debt, is hereby amended by striking said section in its entirety, and in lieu thereof inserting the following:
"113-1705. Any note, bond, stock evidenced by certificate, judgment, chose in action, account or other evidence of indebted ness deemed to be of doubtful value by the administrator, may be sold at private sale for cash or on terms, provided that no title thereto shall pass until by order of the ordinary the sale has been confirmed. Application for confirmation shall be made by a sworn petition setting forth the facts and the expediency of making the sale, the price received, the terms thereof, and such other informa tion as the ordinary shall require."
Section 27. Code Section 113-1706, relating to the sale of land, as amended by an Act approved February 21, 1951 (Ga. Laws 1951, p. 476), is hereby amended by striking said section in its entirety and in lieu thereof inserting the following:
"113-1706. If at any time it shall become necessary, for the payment of the debts of the estate or for the purpose of distribu tion, to sell the land of the decedent, the administrator shall, by written petition, apply to the ordinary for leave to sell, setting forth in the petition the reason for such application; and notice of the same shall be published once a week for four weeks before the hearing in the newspaper in which county advertisements are published. If no objection is filed, and the ordinary is satis fied of the truth of the allegation in the petition, an order shall be passed granting the leave to sell, specifying therein the land as definitely as possible. Said order by the ordinary granting per mission to an executor, or an administrator with the will annexed, to sell shall be binding, final and conclusive as to all devisees under the will of the testator regardless of any prior assent of the executor to the devise in the will. Provided, however, that nothing herein shall prevent the devisee from entering an appeal from said order in time provided by law, or from filing a claim to said land prior to the actual sale thereof by the executor, or the administrator with will annexed, and provided further, that nothing in this section shall prevent a bona fide purchaser or mortgagee of said land who purchased prior to said order of the ordinary and who holds under a deed or mortgage duly recorded prior to said order, from asserting his title to said land by showing that the executor had assented expressly or impliedly to the devise in said will prior to the said order to sell, and provided further, that nothing herein shall limit the powers contained in the will of a decedent."
Section 28. Code Section 113-1716, relating to the review of pri vate sales of land by an administrator which reads:
"A private sale of land by an administrator under an obliga-
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tion or agreement to perfect the same by a compliance with legal formalities, is contrary to public policy, and such sales shall always be open to review at the option of parties at interest."
is hereby repealed in its entirety.
Section 29. Code Section 113-2010, relating to the expenses of giving bond, is hereby amended by striking said section in its entirety and in lieu thereof inserting the following:
"113-2010. Administrators or executors who are required by law to give bond as such, who have given as security on such bonds one or more guaranty companies, surety companies, fidelity insurance companies, or fidelity and deposit companies, as author ized by law, may include as part of their lawful expenses or costs of administration the cost of such bond premium or bond premiums."
Section 30. Code Section 113-2104, relating to the exhausting of the property of the principal to satisfy a judgment, is hereby amended by striking said section in its entirety and in lieu thereof inserting the following:
"113-2104. When a judgment has been obtained against the principal and surety or sureties on the bond of an administrator, executor, guardian or other fiduciary, a levy may be made upon any property of any defendant in fi. fa."
Section 31. When safety deposit boxes, or receptacles are leased or rented to fiduciaries, including executors, administrators, guardians, trustee, custodians, receivers, and the like, the fiduciary or fiduciaries, as lessee or renter, shall have the right to authorize the entering of the box or receptacle by one or by fewer than all of the fiduciaries or by any other person, without the presence or consent of the fiduciary or other person, and that upon receipt of such written authorization the bank or lessor may authorize access to the box or receptacle in accord ance therewith, and without any liability. Upon cancellation of the authorization, the bank or lessor may require the presence of all lessees or renters for access.
Section 32. An administrator or executor who is administering an estate which is subject to the making of estate tax returns shall not be required to wind it up or close it until he has obtained a clearance from the Internal Revenue Department.
Section 33. An Act relating to accountings and returns of admin istrators, executors, guardians and other fiduciaries, approved March 20, 1943 (Ga. Laws 1943, p. 409) is hereby amended by striking from Section 5, the words "at a regular term of the Court of Ordinary which convenes" and in lieu thereof inserting the words "to be held", so that Section 5, as so amended shall read:
"Section 5. Upon such petition and return being filed with the Ordinary, he shall upon written order, fix a time and place for a hearing thereon, and in such order shall name the persons on whom service shall be made by personal service, or by service by publication for non-residents. Service on contingent remainder men need not be required by such order. Residents of the State of Georgia named in said order shall be served with a copy of said petition and return. Service of non-residents of this State named
FRIDAY, FEBRUARY 21, 1958
1357
in said order shall be perfected in the same manner that service is perfected on such non-residents of petitions for the probate of wills in solemn form. In addition, the citation shall issue addressed to all other persons at interest in such form as the Ordinary shall direct and shall be published in the newspaper in which sheriff's advertisements appear for the county, once a week for four weeks prior to the date fixed for such hearing. Guardians ad litem may be appointed for minors and persons under disability. The date for hearing on such petition shall be fixed by the Ordinary, to be held not less than thirty days after the date of the filing of said petition, and sufficiently in advance to permit service by publica tion and, if necessary, the Court may from time to time continue said hearing by regular written orders in order to permit service to be perfected or for other causes."
Section 34. An Act providing a procedure by which heirs at law of a deceased owner of real or personal property located in this State, who dies intestate, may apply for and obtain an order finding that no administration of the estate of the deceased owner is necessary, approved March 6, 1945 (Ga. Laws 1945, p. 167), is hereby amended by adding at the end of Section 1 the following:
"Provided, however, that the property subject to an outstand ing security deed, although such indebtedness is a charge against the estate, may be subject to like administration if the holder of the security deed consents or is served and makes no objection thereto, or in instances where there are known debts and all of the known creditors join in a written consent to the order."
so that when so amended Section 1 shall read as follows:
"Section 1. When any person owning real estate or personal property located in this State has died intestate, and no adminis tration in this State has been had upon the estate, any heir at law of such deceased owner may file a petition in the Court of Ordinary of the county of the residence of the deceased owner, if such deceased was a resident of this state, or in the county in which such property is located if the deceased was not a resident of this State, praying for an order that no administration is neces sary. The petition shall be sworn to, shall show the names, ages and places of residence of all the heirs at law of such deceased owner, the amounts and descriptions of the real and personal property in this state owned by the deceased owner, that the estate of decedent owes no debts and that the heirs at law have agreed upon a division of the estate amicable among themselves. Provided, however, that property subject to an outstanding security deed, although such indebtedness is a charge against the estate, may be subject to like administration if the holder of the security deed consents or is served and makes no objection thereto, or in instances where there are known debts and all of the known credi tors join in a written consent to the order."
Section 35. This act shall be effective July 1, 1957, except that Sections 1, 2, and 3 shall be effective as to the wills of all persons dying after the date of approval of this Act.
Section 36. All laws and parts of laws in conflict with this Act are hereby repealed.
1358
JOURNAL OF THE HOUSE,
The following amendments to the Committee substitute to SB 31 were read and adopted:
The Judiciary Committee moves to amend SB 31 Substitute by striking Section 15(A), paragraph 2, line 2, the words "one of the public newspapers of this state" and to insert in lieu thereof the words "the official newspaper of the county, and the administrator shall pub lish such notices four (4) weeks within sixty (60) days from date of qualification as administrator", so that said sentence when so amended shall read as follows:
"113-1505. Every administrator shall give four (4) weeks notice by advertisement in the official newspaper of the county, and the administrator shall publish such notices four (4) weeks within sixty (60) days from date of qualification as administrator, for creditors of the estate to render an account of their demand."
The Judiciary Committee moves to amend SB 31 substitute by striking from the 3rd line in the second paragraph of Section 19 the following words: "unless waived" so that said sentence when amended shall read as follows:
"113-1602. Ten days notice shall be given in writing to the admin istrator or executor and notices shall be given to the heirs at law of said deceased, by publication in the newspaper publishing the legal advertisements of the County once a week for four (4) weeks."
Mr. Payton of Coweta moves to amend SB 31 Sub. by striking from the caption of said bill the following words:
"To amend an Act approved March 4, 1945 (Ga. Laws 1945, p. 167), providing a procedure by which heirs at law of a deceased owner of real or personal property located in this State who dies intestate may apply for and obtain an order finding that no administration of the estate of the deceased owner is necessary;" And, by striking Section 26 of said Bill in its entirety.
And, "by renumbering Sections 27, 28, and 29, as Sections 26, 27, and 28."
The Committee substitute, as amended, was adopted.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, as amended, was agreed to, as amended.
On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Alien Bagby Barber Barrett Baughman Birdsong Black
Blalock of Coweta Bodenhamer Boggs Bolton Brackin Bradley Brooks of Oglethorpe Brooks of Pulton
Broome Budd Cagle Callier Carlisle Carr Carswell Carter
FRIDAY, FEBRUARY 21, 1958
1359
Cheek Cloud Coalson Cocke Cowart
Craven Crummey Dorminy Duncan Echols Elder Flynt Fordham Fowler of Douglas Fowler of Treutlen Frazier Fuqua Gowen Greene of Bartow Griffith
Gross of Dade Hall of Floyd Hardaway Harper Hawkins
Hodges of Ware Hodges of Butts ' Hogan Holcombe Hurst
Ingle Irvin Johnson
Jones of Lumpkin Jones of Laurens Jones of Crawford Kelley Key Kidd Killian Lam Lancaster Lanier Larkins Lee Lokey Lott Mackay Mann Martin Matthews Miles Miller of Twiggs Mobley Moorman Morris Moss Murphy Murr McClelland McGibony McKenna Neese Nichols Odom Palmer
Parker of Ware Payton Perry Peters Phillips of Walton Pickett Ramsey Ray Rodgers of Charlton Rogers of Heard Rutland Scoggin Sheffield Sivell Smith of Emanuel Smith of Fulton Smith of Whitfield Souter Stephens Story Summers Tabb Tarpley Twitty Walker of Lowndes Watson Wells Wilson Winkle Wooten Yandle Young
Those voting in the negative were Messrs.:
Brennan Musgrove
Orr Parker of Appling
Ross
On the passage of the Bill, by substitute as amended, the ayes were 122, nays 5.
The Bill, having received the requ : site constitutional majority, was passed, by substitute as amended.
SR 138. By Senators Ellard of the 31st, Cox of the BOth and Langdale of the 6th:
A Resolution to continue a committee to study ways and means of promoting the location of industries in Georgia; and for other purposes.
The previous question was ordered.
The main question was ordered.
1360
JOURNAL OF THE HOUSE,
The report of the committee which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Ballard Barber Barrett Baughman Birdsong Blalock of Coweta Bodenhamer Boggs Bolton Brackin Bradley Brennan Brooks of Oglethorpe Broome Budd Cagle Callier Carlisle Carr Carswell Cheek Cloud Coalson Cowart Craven Crummey Echols Ellis Eyler Flynt Fordham Fowler of Douglas Frazier Gowen Greene of Bartow Griffith Gross of Bade Hall of Floyd Hardaway Harper Hill
Hodges of Ware Hodges of Butts Hogan Holcombe Huddleston Hurst Ingle Irvin Johnson Jones of Wayne Jones of Lumpkin Jones of Laurens Jones of Sumter Jones of Crawford Kelley Key Kidd Killian Lam Lancaster Lee Lokey Lott Mackay Mann Martin Miller of Twiggs Mobley Moorman Morris Moss Murphy Murr Musgrove McGibony McKenna
Neese Nichols Odom Orr
Overby
Palmer Parker of Ware Parker of Appling Payton Perkins
Perry Peters Phillips of Columbia Phillips of Walton Pickett Ramsey Ray Rodgers of Charlton Rogers of Heard Ross Roughton Rowland Scoggin Sheffield Sivell Smith of Emanuel Smith of Fulton Smith of Whitfield Smith of Bryan Souter
Story Tabb Tamplin Tarpley Twitty Walker of Lowndes Watson Wells White Winkle Wooten Wright of Floyd Wright of Dodge Yandle
On the adoption of the Resolution, the ayes were 121, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto:
FRIDAY, FEBRUARY 21, 1958
1361
HB 1109. By Mr. Trulove of White:
A Bill to be entitled an Act to create a Board of Commissioners of Roads and Revenues for White County; and for other purposes.
The following Senate amendment was read:
Committee on County and Municipal Government, moves to amend HB 1109, as follows:
By adding in the title, before the words "to repeal conflictinglaws" the words "to provide for a referendum".
By adding a new section, to be known as Section 19, to read as follows:
"Section 19. Not less than 30 nor more than 45 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 White County to issue the call for an election for the purpose of submitting this Act to the voters of White County for approval or rejection. The Ordinary shall set the date of such election for a day not less than 30 nor more than 45 days after the date of the issuance of the call. The Ordinary shall cause the date and pur pose of the election to be published once a week for two weeks immediately preceding the date thereof, in the official organ of White County. The ballot shall have written or printed thereon the words:
'For approval of the Act creating a Board of Commis sioners of Roads and Revenues for White County.'
'Against approval of the Act creating a Board of Com missioners of Roads and Revenues for White County.'
All persons desiring to vote in favor of the Act shall vote for approval, and those persons desiring to vote for rejection of the Act shall vote against approval. If a majority of the votes cast on such question are for approval of the Act, it shall become of full force and effect. If a majority of the votes cast on such question are against approval of the Act, it shall be void and of no force and effect. The expense of such election shall be borne by White County. It shall be the duty of the Ordinary to hold and conduct such election. He shall hold such election under the same laws and rules and regulations as govern general elections, except as otherwise provided herein. It shall be the duty of the Ordinary to canvass the returns and declare and certify the result of the election. It shall be his further duty to certify the result thereof to the Secretary of State.
By renumbering the present Section 19 as Section 20.
Mr. Truelove of White moved that the House agree to the Senate amend ment.
On the motion to agree, the ayes were 105, nays 0.
The Senate amendment to HB 1109 was agreed to.
1362
JOURNAL OP THE HOUSE,
Under the order of business established by the committee on Rules, the fol lowing Bills of the Senate were taken up for consideration and read the third time:
SB 106. By Senator Crawford of the 1st:
A Bill to be entitled an Act to amend an Act which provided for the coverage of certain officers and employees of the State under the Old Age and Survivors Insurance Provisions; and for other purposes.
The following amendment was read and adopted:
Mr. Key of Jasper moves to amend SB 106 by inserting a new section to read as follows:
Section ______ Said Act is further amended by adding a new section to be appropriately numbered and to read as follows:
"Section ______ The Governor is hereby empowered to authorize a referendum in accordance with the requirements of Section 218 (d) (3) of the Federal Social Security Act, on the question of whether services in positions covered by the Superior Court Judges Retirement Fund of Georgia shall be excluded from or included under an agreement under this Act with an effective date of July 1, 1956. Should the referendum be in the affirmative, employee contributions required for Social Security coverage shall be de ducted by the Treasurer of the State of Georgia and remitted to the State Agency, together with the required employer contribu tions. The State Treasurer is hereby authorized and directed to pay from the funds appropriated for the operation of the Superior Courts of the State, the required employer contribution."
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 roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Ballard Barber Barrett Baughman Birdsong Blalock of Coweta Blalock of Clayton Bodenhamer Boggs Brennan Broome
Cagle Callier Carlisle Carswell Cheatham Cheek Cloud Cowart Crummey Duncan Echols Elder
Ellis Eyler Floyd Fordham Fowler of Douglas Frazier Fuqua Gowen Greene of Bartow Griffith Grimsley Gross of Stephens
FRIDAY, FEBRUARY 21, 1958
1363
Hall of Floyd Hall of Lee Hardaway Harper Henderson Hill Hodges of Butts Holloway Huddleston Hurst Ingle Irvin Johnson Jones of Wayne Jones of Worth Jones of Lumpkin Jones of Crawford Kelley Kennedy Key Kidd Killian Lam Lancaster Land Lee Lott Mackay Mann
Martin Matthews Miles Miller of Elbert Mobley Moorman Moss Murphy Murr Musgrove McClelland McCracken McGibony McKenna Neese Newton Nichols Nilan Odom Orr Overby Parker of Ware Parker of Appling Pay ton Perry Peters Phillips of Columbia Phillips of Walton Pickett
Ramsey Raulerson Ray Rogers of Heard Ross Rowland Rutland Scoggin Singer Sivell Smith of Emanuel Smith of Lamar Souter Stephens Story Summers Tabb Tamplin Tarpley Veal Watson Wells White Wooten Wright of Floyd Yandle Young
Those voting in the negative were Messrs.:
Budd
W. Campbell of Walker
Hodges of Ware
On the passage of the Bill, as amended, the ayes were 120, nays 3.
The Bill, having received the requisite constitutional majority, was passed, as amended.
Mr. Carter of Hart requested that the Journal show him as having voted "aye" on SB 106.
SR 91. By Senator Sanders of the 18th:
A Resolution to amend a Resolution providing for conveyance by the State of property 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.
1364
JOURNAL OF THE HOUSE,
On the adoption of the Resolution, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Ballard Barber Barrett Baughman Birdsong Blalock of Coweta Blalock of Clayton Bodenhamer Brackin Bradley Broome Budd Cagle Carr Car swell Carter Cheatham Cloud Coalson Cocke Cowart Craven Crummey Duncan Ellis Eyler Floyd Fordham Fowler of Douglas Frazier Fuqua Gowen Greene of Bartow Griffith Grimsley Gross of Stephens Gross of Bade Hall of Floyd Hall of Lee Hardaway Harper
Harrison Henderson Hill Hodges of Ware Hodges of Butts Hogan Huddleston Ingle Irvin Johnson Jones of Wayne Jones of Laurens Jones of Lumnkin Jones of Crawford Kelley Kennedy Key Kidd Killian King Lam Lancaster Land Lee Lokey Long Lott Mackay Mann Martin Matthews Miles Miller of Elbert Mobley Moorman Moss Murphy Murr Musgrove McClelland McCracken McGibony
McKenna Newton Nichols Odom Orr Overby Palmer Parker of Ware Parker of Appling Payton Pelham Perkins Perry Peters Phillips of Columbia Phillips of Walton Pickard Pickett Ramsey Ray Rogers of Heard Ross Roughton Rowland Rutland Scoggin Sheffield Short Smith of Emanuel Smith of Lamar Story Summers Tabb Tamplin Tarpley Todd Twitty Weems Wells Wooten Yandle Young
On the adoption of the Resolution, the ayes were 126, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
FRIDAY, FEBRUARY 21, 1958
1365
Mr. Speaker:
The Senate has passed as amended by the requisite constitutional majority the following Bills and Resolutions of the House to wit:
HB 1156. By Messrs. M. Smith, McClelland and Brooks of Fulton:
A Bill to be entitled an Act to establish Local Education Commission in Atlanta and Fulton County; and for other purposes.
HR 472. By Mr. Love of Catoosa:
A Resolution proposing an amendment to the Constitution so as to provide a Board of Tax Administrators for Catoosa 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 to the following Bill of the House and respectfully asks that a Committee of Conference be appointed:
HB 790. By Messrs. Rowland of Johnson, McGibony of Greene and others:
A Bill to be entitled an Act to amend an Act establishing the State Employees' Retirement System, to authorize the tax commissioners, tax collectors, tax receivers etc. to become members; and for other pur poses.
The President has appointed as a Committee of Conference on the part of the Senate: Senators Jackson of the 21st and Kelley of the 10th:
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 844. By Messrs. Reed and Willingham of Cobb, Bagby of Paulding, Camp bell of Walker, Nilan of Muscogee, Overby of Hall and others:
A Bill to be entitled an Act to provide for a State Tort Claims Act; to provide for suits against the State of Georgia; and for other pur poses.
The following Bill of the House was taken up for the purpose of consider ing the Senate's insistence on its position in amending the same:
HB 790. By Messrs. Rowland of Johnson, McGibony of Greene and others:
A Bill to be entitled an Act to amend an Act establishing the State Employees' Retirement System; and for other purposes.
1366
JOURNAL OP THE HOUSE,
Mr. Rowland of Johnson moved that the House insist on its position in dis agreeing to the Senate amendment and that a committee of conference be ap pointed on the part of the House to confer with a like committee on the part
of the Senate, and the motion prevailed.
The Speaker appointed as a Committee of Conference on the part of the House to confer with a like committee on the part of the Senate, the following members of the House Messrs. Rowland of Johnson, McCracken of Jefferson and Summers of Crisp.
The following Resolution of the House was taken up for the purpose of considering the Senate amendment thereto:
HR 472-1129a. By Mr. Love of Catoosa:
A Resolution proposing an amendment to the Constitution so as to provide a Board of Tax Administrators for Catoosa County; and for other purposes.
The following Senate amendment was read and adopted:
Senator Coker of the 44th moves to amend HR 472-1129a by strik ing from Section 1 thereof the figures and words "$30.00 per day" and by inserting in lieu thereof the figures and words "$15.00 per day" and by adding a new paragraph to follow the first paragraph of the quoted matter in Section 1, to read as follows:
"The Board shall meet not more than 30 days in any one calendar year unless approved in writing by the Commissioner of Roads and Revenue of Catoosa County. No expense account of the Board mem bers shall be paid unless approved by the Commissioner of Roads and Revenue of Catoosa County. The compensation of any appraiser or any other person employed by the Board shall not be paid unless approved by the Commissioner of Roads and Revenue of Catoosa County."
Mr. Love of Catoosa 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 Ballard Barber Barrett Birdsong Blalock of Coweta Blalock of Clayton Brackin
Bradley Brooks of Fulton Broome Budd Busbee Cagle
Caldwell Callier A. Campbell of
Walker W. Campbell of
Walker Carr Carswell
Carter Cheatham Coalson Cocke Cowart Craven
Crummey Dorminy Duncan Echols Ellis Eyler Ployd Fordham
Fowler of Douglas Fowler of Treutlen Frazier Fuqua Gowen Green of Rabun
FRIDAY, FEBRUARY 21, 1958
1367
Greene of Bartow Griffith Grimsley Gross of Stephens Gross of Bade Hall of Floyd Hall of Lee Hardaway Harper Harrison Henderson Hill Hodges of Ware Hodges of Butts Hogan Holcombe Huddleston Ingle Irvin Johnson Jones of Wayne Jones of Lumpkin Jones of Baker Jones of Laurens Jones of Sumter Jones of Crawford Kelley Kennedy Key Kidd Killian King Lam Lancaster
Land Lee Lokey Long Lott Mackay Mann Martin Matthews Miles Miller of Elbert Mobley Moorman Moss Murphy Murr McClelland McGibony McKenna Newton Nichols Odom Orr Overby Palmer Parker of Appling Payton Pelham Perry Peters Phillips of Columbia Phillips of Walton Pickard Pickett
Raulerson Reed Rodgers of Charlton Rogers of Heard Ross Roughton Rowland Rutland Scoggin Short Sivell Smith of Emanuel Smith of Lamar Smith of Fulton Smith of Whitfield Souter Story Tabb Tamplin Tarpley Twitty Underwood Walker of Lowndes Watson Weems Wells White Wilson Winkle Wooten Yandle Young
On the motion to agree, the ayes were 140, nays 0.
The Senate amendment to HR 472-1129a was agreed to.
Under the order of business established by the Committee on Rules, the following Bill of the Senate was again taken up for consideration:
SB 297. By Senators Hill of the 54th, Foster of the 26th, Butts of the 12th, Adams of the 15th, Gillis of the 16th, and Newman of the 38th:
A Bill to be entitled an Act to amend an Act revising the laws relating to the State Board of Corrections; 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.
1368
JOURNAL OF THE HOUSE,
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Bagby Ballard Barber Barrett Baughman Birdsong Blalock of Clayton Bodenhamer Boggs Bolton Brackin Bradley Brooks of Oglethorpe Brooks of Pulton Broome Budd Busbee Cagle Caldwell A. Campbell of
Walker W. Campbell of
Walker Carlisle Carr Carswell Carter Cheek Cloud Coalson Cocke Cowart Craven Crummey Denmark Duncan Echols Elder Ellis Floyd Fordham Fowler of Douglas Greene of Bartow Griffith Grimsley Gross of Stephens Gross of Dade Gunter Hall of Floyd Hall of Lee
Hardaway Harper Harrison Hawkins Helms Henderson Hendrix Hill Hogan Holcombe Holloway Huddleston Hurst Ingle Irvin Johnson Jones of Wayne Jones of Worth Jones of Laurens Jones of Crawford Kelley Key Kidd King Lam Lancaster Land Larkins Lee Lindsey Lokey Long Lott Mann Martin Matthews Miles Miller of Twiggs Miller of Elbert Mobley Moss Murphy Murr McClelland McCracken McGibony McKenna Neese Newton Nichols
Nilan Odom
Orr Overby Palmer Parker of Pike Parker of Ware Parker of Appling Pelham Perry Peters Phillips of Columbia Phillips of Walton Pickard Pickett Raulerson Ray Reed Rodgers of Charlton Rogers of Heard Ross Roughton Rowland Rutland Scoggin Singer Smith of Emanuel Smith of Lamar Smith of Fulton Souter Stephens Story Summers Tabb Tamplin Tarpley Taylor Todd Twitty Veal Walker of Lowndes Watson Weems Wells White Willingham Wooten Wright of Floyd Yandle
Young
Those voting in the negative were Messrs.: Adams and Fowler of Treutlen.
FRIDAY, FEBRUARY 21, 1958
1369
On the passage of the Bill, the ayes were 148, nays 2.
The Bill, having received the requisite constitutional majority, was passed.
Under the order of business established by the Committee on Rules, the fol lowing Bills of the Senate were taken up for consideration and read the third time:
SB 270. By Senator Sanders of the 18th:
A B ; ll to be entitled an Act to amend the Act relating to Juvenile Courts, so as to authorize a Juvenile Court Judge to prescribe confine ment of offenders who violate probation; 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.:
Adams Ballard
Barber Barrett Birdsong Blalock of Coweta Blaloek of Clayton Brackin Bradley Brooks of Fulton Broome Budd Busbee Cagle Caldwell Callier A. Campbell of
Walker W. Campbell of
Walker Carr Carswell Carter Cheatham Coalson Cocke
Cowart Craven Crummey
Dorminy Duncan Echols Ellis Eyler Floyd Fordham Fowler of Douglas Fowler of Treutlen Frazier Fuqua Gowen Green of Rabun Greene of Bartow Griffith Grimsley Gross of Stephens Gross of Dade Hall of Floyd Hall of Lee Hardaway Harper Harrison Henderson Hill Hodges of Ware Hodges of Butts Hogan Holcombe
Huddleston Ingle Irvin Johnson Jones of Wayne Jones of Lumpkin Jones of Baker Jones of Laurens Jones of Sumter Jones of Crawford Kelley Kennedy Key Kidd Killian King Lam Lancaster Land
Lee Lokey Long Lott Mackay Mann Martin Matthews Miles Miller of Elbert
1370
JOURNAL OP THE HOUSE,
Mobley Moorman Moss Murphy Murr McClelland McGibony McKenna Newton Nichols Odom Orr
Overby Palmer
Parker of Appling Payton Pelham
Perry Peters
Phillips of Columbia Phillips of Walton Piekard Pickett Raulerson Reed Rodgers of Charlton Rogers of Heard Ross Roughton Rowland Rutland Scoggin Short Sivell Smith of Emanuel Smith of Lamar Smith of Fulton Smith of Whitfield
Souter
'
Story
Tabb
Tamplin
Tarpley
Twitty
Underwood
Walker of Lowndes
Watson
Weems
Wells
White
Wilson
Winkle
Wooten
Yandle
Young
On the passage of the Bill, the ayes were 140, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
SB 268. By Senator Oxford of the llth:
A Bill to be entitled an Act relating to regulation of Registered Pro fessional Engineers and Land Surveys; 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 ;vs follows:
Those voting in the affirmative were Messrs.:
Adams Ballard Barber Barrett Baughman Birdsong Black Blalock of Coweta Blalock of Clayton Bodenhamer Boggs Bolton Brackin Bradley
Brennan Brooks of Fulton Broome Budd Busbee Cagle Callier
Carr Carter Cheatham Cheek Coalson Cocke Cowart
Craven Crummey Denmark Dorminy Duncan Echols Eyler Floyd Fordham Frazier Fuqua Green of Rabun Greene of Bartow Grimsley
FRIDAY, FEBRUARY 21, 1958
1371
Gross of Stephens Gross of Dade Hall of Floyd Hall of Lee Hardaway Harper Harrison Henderson Hill Hodges of Ware Hogan Holcombe Huddleston Ingle Irvin Johnson Jones of Wayne Jones of Baker Jones of Laurens Kelley Kennedy Key Killian King Lam Lancaster Land Lee Lindsey Lokey Long
Lott Mackay Mann Martin Matthews Miles Miller of Elbert Mobley Moorman Moss Mull Murphy McClelland McCracken McGibony Newton Nichols Odom Orr Overby Palmer Parker of Ware Parker of Appling Payton Pelham Perkins Perry Peters Phillips of Columbia Phillips of Walton Pickard
Pickett Ramsey Raulerson Rodgers of Charlton Rogers of Heard Ross Rutland Scoggin Sivell Smith of Emanuel Smith of Lamar Smith of Fulton Smith of Whitfield Souter Story Tabb Tamplin Tarpley Taylor Todd Twitty Veal Walker of Lowndes Watson White Winkle Woo ten Yandle Young
On the passage of the Bill, the ayes were 133, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
SB 282. By Senator Trotter of the 37th:
A Bill to provide for the recording of leases or usufructs of land or of any interest in land and assignments thereof; and for other pur poses.
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.:
Adams Ballard
Barber Barrett
Baughman Birdsong
1372
JOURNAL OF THE HOUSE,
Blalock of Clayton Bodenhamer Boggs Bolton Brackin Bradley Brennan Brooks of Oglethorpe Broome Budd Caldwell Carlisle Carr Cheek Cloud Coalson Cowart Craven Crummey Denmark Duncan Echols Ellis
Eyler Floyd Fordham Fowler of Douglas Fowler of Treutlen Frazier Freeman Greene of Bartow Griffith Grimsley Gross of Dade Gunter Hall of Floyd Hardaway Harrison Hawkins Helms Hendrix
Hill Hodges of Ware Hodges of Butts Hogan Ingle Irvin Johnson Jones of Wayne Jones of Lumpkin Jones of Laurens Jones of Crawford Kelley Key Kidd Lam Lancaster Land Lanier Lee Lokey Long Lott Mann Martin Miles Miller of Twiggs Miller of Elbert Mobley Moss Murphy Murr McClelland McGibony McKenna Newton Nichols Odom Orr Overby Palmer Parker of Pike
Parker of Ware Parker of Appling Payton Perkins Perry Peters Phillips of Walton Pickett Ramsey Raulerson Ray Rodgers of Charlton Rogers of Heard Ross Roughton Scoggin Sivell Smith of Emanuel Smith of Lamar Smith of Fulton Smith of Whitfield Stephens Story Summers Tabb Tamplin Tarpley Taylor Twitty Underwood Veal Watson Weems Wells White Winkle Wooten Wright of Floyd Yandle Young
On the passage of the Bill, the ayes were 128, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
SB 298. By Senator Kelley of the 10th:
A Bill to be entitled an Act to amend an Act relating to the State Board of Accountancy; and for other purposes.
The previous question was ordered.
The main question was ordered.
FRIDAY, FEBRUARY 21, 1958
1373
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 Ballard Barber Baughman Birdsong Blalock of Coweta Blalock of Clayton Bodenhamer Boggs Bolton Brackin Bradley Brennan Brooks of Oglethorpe Brooks of Fulton Broome Budd Caldwell Callier Carlisle Carswell Carter Cheek Coalson Cowart Craven Crummey Denmark Duncan Echols Ellis Floyd Fordham Fowler of Douglas Fowler of Treutlen
Frazier
Gowen Greene of Bartow Griffith Grimsley Gross of Stephens Hall of Floyd
Hall of Lee Harrison Hawkins Helms Henderson Hendrix Hill Hodges of Butts Hogan Holloway Hurst Ingle Irvin Johnson Jones of Wayne Jones of Lumpkin Jones of Laurens Jones of Crawford Kelley Key Kidd Killian
Lam Lancaster Land
Lanier Lee Lindsey Lokey Long Lott
Martin Matthews Miles Miller of Elbert Mobley Moss Murphy
McGibony McKenna Newton Nichols
Odom Orr Overby Palmer Parker of Pike Payton Pelham Perry Peters Phillips of Columbia Phillips of Walton Pickard Pickett Ramsey Ray Rodgers of Charlton Ross Roughton Rowland Russell Rutland Scoggin Short
Sivell Smith of Lamar Smith of Fulton
Story Tabb
Tamplin Tarpley Twitty Underwood Watson Weems Wells White Wooten
Wright of Floyd Yandle
Young
Those voting in the negative were Messrs.:
Hodges of Ware Parker of Ware
Parker of Appling Raulerson
Rogers of Heard
On the passage of the Bill, the ayes were 124, nays 5.
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The Bill, having received the requisite constitutional majority, was passed.
SB 107. By Senators Pound of the 20th, Cox of the 50th, and Brown of the 19th:
A Bill to be entitled an Act to amend an Act relating to the licensing of insurance companies to do business in this 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 roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Barber Barrett Baughman Black Blalock of Coweta Blalock of Clayton Bodenhamer Boggs Brackin Bradley Brennan Brooks of Oglethorpe Broome Cagle Caldwell Carlisle Carr Carter Cloud Coalson Cowart Craven Crummey Duncan Ellis Pordham Fowler of Douglas Fowler of Treutlen Frazier Fuqua Greene of Bartow Griffith Grimsley Gross of Stephens Hall of Floyd
Hall of Lee Hardaway Harper Harrison Hawkins Helms Henderson Hill Hodges of Ware Hodges of Butts Hogan Holcombe Huddleston Hurst Ingle Irvin Jones of Wayne Jones of Worth Jones of Laurens Jones of Crawford Kelley Key Kidd Killian King Lam Lancaster Land Lanier Lee Lokey Long Lott Mackay Mann
Martin Matthews Miles Miller of Twiggs Miller of Elbert Mobley Moorman Moss Murphy Murr McGibony McKenna Neese Newton Nichols Odom Orr Overby Palmer Parker of Pike Parker of Ware Parker of Appling Payton Pelham Perkins Perry Peters Pickett Rodgers of Charlton Rogers of Heard Ross Roughton Rowland Rutland Scoggin
FRIDAY, FEBRUARY 21, 1958
1375
Sivell Smith of Emanuel Smith of Lamar Smith of Fulton Story Summers Tabb
Tamplin Tarpley Taylor Twitty Watson Weems Wells
White Willingham Wooten Yandle Young
On the passage of the Bill, the ayes were 124, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
The following Resolution of the House was read and adopted:
HR 527. By Messrs. Sheffield of Brooks and Fowler of Douglas:
A RESOLUTION
WHEREAS, cotton has played an important and significant part in the development of Georgia, the Great Empire State of the South; and
WHEREAS, cotton farming continues to make a significant con tribution to Georgia's economy; and
WHEREAS, cotton producers, cotton ginners, cotton warehouse men, and industries allied directly with cotton production, and the many thousand of Georgia people who are dependent on cotton production in Georgia, face grave and serious consequences as a result of Ezra Taft Benson's policies on cotton; and
WHEREAS, Mr. Benson's removal of cotton acreage from Georgia will add another blow to the Georgia economy.
NOW THEREFORE BE IT RESOLVED that we condemn the Benson Policy of removing cotton acreage from our State and making it available to Western states; and
BE IT FURTHER RESOLVED that we respectfully request Senator Russell, Senator Talmadge, the House of Representatives in the Congress of the United States, and the Georgia delegation, to use their prestige, influence and general legislative know-how to maintain present and reestablish past losses of cotton acreage in Georgia caused by unwise and uneconomical policies of the United States Department of Agriculture.
The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following Resolutions of the Senate to wit:
SR 156. By Senator Bentley of the 39th:
A Resolution recommending that the State of Georgia purchase the property which originally housed old Wesleyan College; and for other purposes.
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JOURNAL OP THE HOUSE,
SR 159. By Senators Peters of the 36th, Oxford of the llth and Hill of the 54th:
A Resolution relating to the Election Laws Study Committee; and for other purposes.
Under the order of business established by the Committee on Rules, the following Bills of the Senate were taken up for consideration and read the third time:
SB 183. By Senator Sanders of the 18th:
A Bill to be entitled an Act to conform the procedure in divorce, ali mony and other defined domestic relations cases to that prevailing in ordinary civil actions as to appearance day, return term, and trial 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 roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Bagby Ballard Barber Barrett Baughman Birdsong Blalock of Coweta Blalock of Clayton Bodenhamer Bolton Brackin Bradley Brooks of Fulton Broome Budd Cagle Caldwell A. Campbell of
Walker W. Campbell of
Walker Carlisle Carr Carswell Coalson Cowart
Craven Crummey Duncan Echols Ellis Ployd Fordham Fowler of Treutlen Frazier Freeman Fuqua Gowen Greene of Bartow Griffith Grimsley Gross of Stephens Gunter Hall of Lee Hardaway Harper Hawkins Helms Henderson Hill Hodges of Ware Hodges of Butts Hogan
Holcombe Huddleston Hurst Ingle Irvin Johnson Jones of Wayne Jones of Worth Jones of Laurens Jones of Crawford Kelley Key Kidd Killian King-
Lam Lancaster Land Lee Lindsey Lokey Long Lott Mackay Mann Martin Miles
FRIDAY, FEBRUARY 21, 1958
1377
Miller of Twiggs Miller of Elbert Mobley Moss Murphy Murr McClelland McGibony McKenna Neese Newton Nichols Odom Orr Overby Palmer Parker of Pike Parker of Ware Parker of Appling
Payton Pelham Perkins Perry Phillips of Columbia Phillips of Walton Pickett Ramsey Raulerson Ray Rodgers of Charlton Rogers of Heard Ross Rutland Scoggin Sivell Smith of Emanuel Smith of Lamar Smith of Fulton
Smith of Whitfield Story Summers Tabb Tamplin Tarpley Twitty Underwood Walker of Lowndes Watson Weems Wells White Willingham Wilson Winkle Yandle
On the passage of the Bill, the ayes were 134, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
SB 315. By Senator Dunn of the 8th:
A Bill to be entitled an Act to provide for the distribution of the $250,000.00 bonus for the first Oil Well in 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 roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Ballard Barber Barrett Baughman Birdsong Blalock of Coweta Bodenhamer Boggs Bolton Brackin Bradley Brooks of Oglethorpe Broome
Busbee Cagle A. Campbell of
Walker W. Campbell of
Walker Carlisle Carr Carswell Carter Cloud Coalson Cowart
Craven Crummey Duncan Ellis Floyd Flynt Fowler of Douglas Fowler of Treutlen Frazier Fuqua Gowen Green of Rabun Greene of Bartow
1378
JOURNAL OF THE HOUSE,
Griffith Gross of Stephens Gross of Bade Hall of Lee Hall of Floyd Hardaway Harper Helms Henderson Hill Hodges of Ware Hodges of Butts Hogan Holcombe Holloway Ingle Johnson Jones of Wayne Jones of Worth Jones of Laurens Jones of Crawford Kelley Key Kidd Killian King Lam Lancaster Land Lanier Lokev
Long Mackay Mann Martin Miles Miller of Twiggs Miller of Elbert Mobley Morris Moss Murphy McClelland McGibony McKenna Neese Newton Nichols Odom Orr Overby Palmer Parker of Ware Parker of Appling Payton Perkins Perry Phillips of Columbia Phillips of Walton Pickett Ramsey Raulerson
Ray Reed Rodgers of Charlton Rogers of Heard Ross Scoggin Short Sivell Smith of Emanuel Smith of Lamar Smith of Whitfield Smith of Bryan Stephens Story Summers Tamplin Tarpley Taylor Twitty Underwood Walker of Lowndes Watson Weems Wells Willingham Wilson Winkle Wright of Floyd Yandle
On the passage of the Bill, the ayes were 129, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
The Speaker announced the House recessed until the hour of 1:30 p.m.
AFTERNOON SESSION The Speaker called the House to order.
1:30 p.m.
Under the order of business established by the Committee on Rules, the following Bill of the Senate was again taken up for consideration:
SB 32. By Senators Trotter of the 37th and Langdale of the Gth:
A Bill to be entitled an Act to amend an Act relating to guardians and wards; and for other purposes.
The following substitute, offered by Mr. Gowen of Glynn, was read. A BILL
To be entitled an Act to amend Code Sections 49-103, 49-112, 49-113,
FRIDAY, FEBRUARY 21, 1958
1379
49-202, 49-203, 49-204, 49-213, 49-214, 49-216, 49-226, 49-238, 49-308, 49-310, 49-313, 49-401, 49-806, 49-807, 49-810, as amended relating to guardians and wards, so as to provide that the ordinary may require bond and security of guardians appointed by the parent for his child; to change the provisions of notice and the service of the application for appointment; to change the bond requirements; to change the provisions of the disbursements and expenses by a guardian; to provide changes in the disposition of property by the guardian; to permit the erection of a dwelling or an addition, repairs or renovations to an existing dwelling or property of the ward; to provide for the continuance, dis continuance or liquidation of any business of the ward; to change the provisions as to investments by a guardian; to authorize a guardian to borrow money for said purposes; to include the bond premium as an expense of the guardian; to provide that the guardian shall not be authorized to use any part of funds or estate of his ward for the guardian's personal use; to change the provisions as to the discharge or resignation of the guardian; to provide for the transfer of property of a non-resident ward and a procedure connected therewith; to provide for the reduction of the bond of a guardian; to authorize the expenditure of funds of the ward for the support, maintenance and education of the spouse or child, or other legal dependent of the ward; to provide that the guardian of a ward's estate shall make and file with the Ordinary an inventory of the estate of the ward in the same manner and within the same time as is required of administrators; to repeal Code Section 49-212, relating to renting of lands by a guardian; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 49-103, as amended by an Act approved March 11, 1943 (Ga. Laws 1943, p. 396), relating to the appointment, bond and dismissal of a testamentary guardian, is hereby amended by striking said section in its entirety and in lieu thereof inserting the following:
"49-103. Every parent may, by will, appoint guardians for the property of his children, and such guardian shall not be required to give bond and security, except in the case of waste committed or apprehended, or property coming to the ward from sources other than the parent's will, when the ordinary shall require the same. If a testamentary guardian shall fail to give bond as required, the Ordinary may dismiss him as guardian and appoint another, or may appoint another guardian for the property thus accruing. In all other respects a testamentary guardian shall stand on the same footing with other guardians appointed by the Ordinary. Provided, however, that if one of the parents be dead, the surviving parent may, by will, appoint a guardian for the person of his or her minor child or children."
Section 2. Code Section 49-112, relating to the appointment of guardians for minors under age of 14 years, is hereby amended by striking said section in its entirety and inserting in lieu thereof the following:
"49-112. Every application to be appointed guardian of a minor under the age of 14 years, other than the child of the applicant, shall be made to the Ordinary and served upon the three next adult relatives residing in Georgia, or if less than three, upon all who are residents of Georgia. If no adult relatives reside in Georgia,
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notice thereof shall be given by the Ordinary in the newspaper in which the legal advertisements of the county are published, once a week for four weeks before such letters shall be granted, unless such notice be waived or acknowledged in writing by the three next adult relatives who are non-residents. At the next regular term after service upon the adult relatives, or after the notice has been published four weeks, or upon waiver of such notice, the letters may be granted to the applicant or to some other person, in the discretion of the Court. If the Ordinary deems it necessary, a temporary guardian may be appointed under the same rules as apply to the appointment of temporary administrators."
Section 3. Code Section 49-113, relating to the bond and oath or affirmation of guardains appointed by the Ordinary, is hereby amended by striking said code section in its entirety and inserting in lieu thereof the following:
"49-113. Every guardian appointed by the Ordinary before entering upon the duties of his appointment, shall take before the Ordinary an oath or affirmation well and truly to perform the duties required of him as guardian and faithfully to account with his ward for his estate; and shall also give bond with good and sufficient security, payable to the Ordinary and his successors, to be approved by the Ordinary, when so required. If the guardian is for the person only, the court may, in its discretion, dispense with the requirement of any bond by the guardian, and in the event bond is required, it shall not exceed $1,000. If the guardian is for the property or for person and property of the ward, the court shall require that the guardian give bond and security in double the supposed value of the ward's estate before the issuance of letters of guardianship. The Ordinary shall have authority to per mit a reduction in the amount of the bond when it appears that the value of the ward's estate has decreased, provided that such reduction shall in no way affect the liability of the surety for waste or misconduct of the guardian that occurred before the bond was reduced."
Section 4. Code Section 49-202, relating to the disbursements and expenses permitted by a guardian, is hereby amended by striking said section in its entirety, and in lieu thereof inserting the following:
"49-202. Every guardian shall be allowed all reasonable dis bursements and expenses suitable to the circumstances of the ward committed to his care, and for the necessary expenses of main taining, supporting and educating those who may be legally de pendent upon the ward. The expenses of maintenance and educa tion must not exceed the annual profits of the estate, except by the approval of the Ordinary previously granted. The Ordinary may, in his discretion, allow the corpus of the estate, in whole or in part, to be used for the education and maintenance of the ward and for the necessary expenses of maintaining, supporting and educating those who may be legally dependent upon the ward."
Section 5. Code Section 49-203, as amended, particularly by an Act approved March 2, 1953 (Ga. Laws 1953, Jan.-Feb. Sess., p. 389), relating to the sale of the estate of the ward for reinvestment, is hereby amended by striking said section in its entirety, and in lieu thereof inserting the following:
FRIDAY, FEBRUARY 21, 1958
1381
"49-203. By order of the Court of Ordinary of the county of the guardian's appointment, or in the case of a foreign guardian, the Court of Ordinary in the county in which all or any part of the property is situated, the real or personal property of a ward, or any part thereof, may be sold, leased, encumbered or exchanged by the guardian upon such terms as the court may order, for the payment of the ward's debts, providing- for his care, maintenance, support and education, and for the care, maintenance, support and education of those who are legally dependent upon the ward, or for the purpose of investing the proceeds in other property, when it is deemed in the best interests of the ward to do so."
Section 6. Code Section 49-204, as amended, particularly by an Act approved March 11, 1943 (Ga. Laws 1943, p. 308), relating to the notice of application for order to sell and reinvest the estate of the ward, is hereby amended by striking said section in its entirety, and in lieu thereof inserting the following:
"49-204. When a sale, lease, exchange or encumbrance of the ward's estate, or any part thereof, shall be deemed necessary or in the best interests of the ward, the guardian may file with the Ordi nary a petition setting forth the facts, terms and reasons for making the proposed sale, lease, exchange or encumbrance. Citation shall be issued thereon and copy of the petition and citation shall be served personally upon the ward, if he is over 14 years of age, and shall be published for four weeks in the newspaper in which the sheriff's advertisements for that county appear. On or after the date ap pointed in the citation the Ordinary may consider the petition, hear evidence thereon, and if the proposed transaction is fair and in the best interests of the ward, he shall issue an appropriate order per mitting the sale, lease, exchange or encumbrance; however, the Ordinary, if he deems it advisable, may require any sale of the ward's property, to be held publicly and subject to the confirmation of the court. The provisions hereof are cumulative and not ex clusive of other provisions of the law authorizing sales by guar dians."
Section 7. Code Section 49-213, relating to contracts for labor or services made by a guardian, is hereby amended by adding at the end thereof the following:
"The Court of Ordinary or the Superior Court may, upon ap propriate application and upon a proper showing by evidence the need therefor, permit the erection of a dwelling, or an addition, repairs or renovation to an existing dwelling, on property of the ward."
so that Code Section 49-213, as so amended, shall read:
"49-213. Guardians may make contracts for labor or service, for the benefit of the estates of their wards, upon such terms as they may deem best, and all such contracts made in good faith shall be a charge upon and bind said estates whenever the same shall be approved by the Ordinary of the county. The Court of Ordinary or the Superior Court may, upon appropriate application and upon a proper showing by evidence of the need therefor, permit the erection of a dwelling, or an addition, repairs or renovation to an existing dwelling, on property of the ward."
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Section 8. Code Section 49-214, relating to the cultivation and managing of plantations or farms by a guardian, is hereby amended by striking said Code Section in its entirety, and in lieu thereof inserting the following:
"49-214. When the guardian shall deem it advantageous to the estate of the ward, the Court of Ordinary may, upon petition set ting forth the facts, grant an order permitting the guardian to continue the operation of any farm or business in which the ward may have been engaged or which he may own. It shall be the duty of the guardian, however, to discontinue the operation thereof at any time when it shall reasonably appear to him that there is danger of loss, or when it shall appear to him that a liquidation shall be advantageous to the ward's estate. In every instance, the guardian shall make regular and strict accountings to the court in connection with any continued operation, discontinuance or liquida tion."
Section 9. Code Section 49-216, relating to investment in land by guardians, is hereby amended by adding after the word "court" the words "or from the Ordinary" so that said section, as so amended, shall read:
"49-216. Guardians are authorized to invest any funds held by them as such guardians in lands; Provided, that an order to that effect shall first be obtained from the judge of the Superior Court or from the Ordinary, who is authorized to consider and pass upon such applications either in term time or vacation."
Section 10. Code Section 49-226, relating to the binding effect of borrowing and contracts by giiardians, is hereby amended by adding at the end thereof the following:
"Provided, however, that upon application and showing the need by evidence, the Court of Ordinary or the Superior Court may authorize a guardian to borrow money to renovate or to make improvements upon property of his ward, or for the purposes set out in Code Sections 42-903 and 49-204."
"49-226. The guardian may not borrow money and bind his ward therefor, nor may he, by any contract other than those specially allowed by law, bind his ward's property, or create any lien thereon. Provided, however, that upon application and showing the need by evidence, the Court of Ordinary or the Superior Court may authorize a guardian to borrow money to renovate or to make improvements upon property of his ward, or for the purposes set out in Code Sections 42-903 and 49-204."
Section 11. Code Section 49-238, relating to the exhaustion of property of principal to satisfy a judgment, is hereby amended by striking said Code Section in its entirety, and in lieu thereof inserting the following:
"49-238. Where judgment is obtained against the principal and surety or sureties alone, the plantiff in fi. fa. may proceed to cause the execution to be levied upon property of any defendant in fi. fa."
Section 12. Code Section 49-308, relating to the expenses of giving bond, is hereby amended by striking said section in its entirety, and in lieu thereof inserting the following:
FRIDAY, FEBRUARY 21, 1958
1383
"49-308. Guardians who are required to give bond as such, who have given as security on such bonds one or more guaranty companies, surety companies, fidelity insurance companies, or fi delity and deposit companies, as authorized by law, may include as part of their lawful expenses or cost of administration the cost of such bond premium or premiums."
Section 13. Code Section 49-310, relating to final settlement with guardians, is hereby amended by striking paragraph 1 in its entirety, and in lieu thereof inserting the following:
"1. The rate of interest which shall be charged against a guardian on funds held by him without investment and without an order of court authorizing the funds to be held uninvested, shall be the same as that now provided by law; provided, however, that this section shall not be construed to authorize the guardian to use any part of the funds or estate of his ward for his own use or benefit."
Section 14. Code Section 49-313, relating to the resignation of a guardian, is hereby amended by striking said section in its entirety and in lieu thereof inserting the following:
"49-313. (a) Any guardian who, from age, informity, removal from the county, or for other cause, desires to resign his trust as such may apply to the ordinary having jurisdiction of the trust, setting forth the reason therefor, and also the name of some suit able person willing to accept the trust; whereupon the Ordinary shall cite such person and the nearest of kin of such ward to appear before him at the next term of court, and if the Ordinary shall be satisfied that such change of guardians will not be detrimental to the interest of the ward, and no good cause shall be shown against it, he shall grant the prayer of the applicant, discharging him from his trust on condition that he shall forthwith deliver all property and pay all money held by him as such guardian, upon a fair settle ment of his accounts to his successor; and upon the filing of the evidence of such settlement and the receipt in full of his successor, the guardian shall be discharged from his said trust. The ward shall have the privilege, within five years after he shall have come of age, or his disabilities have been removed, to reopen such settlement and call for an accounting."
"(b) When a guardian desires to resign his trust and the ward has removed to a different county, the resignation of the guardian and the appointment of the successor guardian may be accomplished in the following manner:
"1. The guardian may file a petition with the Ordinary having jurisdiction of the trust, setting forth the reasons why he desires to resign his trust, and stating whether a petition for appointment of a successor guardian has been or will be filed with the Ordinary of the ward's residence. The ordinary shall cite the three nearest adult relatives of the ward residing within the State to appear, or if less than three, upon all, and if the Ordinary shall be satisfied that resignation of the guardian will not be detrimental to the interest of the ward and that a petition has been or will be filed for appointment of a successor guardian in the county of the ward's residence, and no good cause shall be shown against it, he
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shall grant the prayer of the petitioner and enter an order accepting the resignation of the guardian to take effect upon the filing with the court evidence of the appointment of a successor guardian by the ordinary of the county of the ward's residence. Said order shall provide for discharging the guardian from his trust on condi tion that he shall deliver all property and pay all money held by him as such guardian, upon a fair settlement of his accounts, to his successor; and upon the filing of the evidence of such settlement and the receipt in full of his successor, the guardian shall be dis charged from his said trust. The ward shall have the privilege, within five years after he shall have come of age, or his disabilities have been removed, to reopen such settlement and call for an accounting.
"2. A petition shall be filed with the Ordinary of the county of the ward's residence to have a guardian appointed to succeed the guardian resigning in another county. This petition shall con tain a statement of the facts as to the resignation of the guardian in the other county, and notice thereof shall be given as provided by Code Section 49-112, as amended, for the appointment of a guardian for a minor under the age of 14 years, other than the child of the applicant. Should the Ordinary be satisfied that he has jurisdiction and that necessity for appointment of a guardian exists and no good cause shall be shown against it, he shall appoint the successor guardian upon the filing with him of a certified copy of the order of the ordinary of the other county accepting the resignation of the guardian in that county."
Section 15. Code Section 49-401, relating to the proceedings for the transfer of property to a foreign guardian, is hereby amended by striking said section in its entirety, and in lieu thereof inserting the following:
"49-401. Any guardian, administrator, executor or trustee in this state shall be authorized to deliver the property in his hands belonging to a non-resident ward, if there be no sufficient reason why such property should not be transferred, to a foreign guardian of the ward, when the foreign guardian has given security in the amount of double the value of the property which the ward owns in this State, and files with the ordinary of this State having jurisdiction a petition setting forth the facts as to his appointment, qualifications, and posting of bond, and praying for an order authorizing and directing the executor, administrator, trustee or guardian in this State to turn over to the foreign guardian the property of the ward. The foreign guardian shall attach to said petition appropriate exhibits of the letters of guardianship issued to him, or other evidence of his appointment as guardian, and a copy of his bond, authenticated as required by the Act of Congress. The foreign guardian shall also attach to said petition appropriate exhibit, or otherwise produce to the Ordinary, a certificate from the judge or clerk of the court in this State that appointed him as guardian, certifying the amount of bond required for the guar dianship of property of the ward then in that State, and as to the sufficiency of the security on the bond."
Section 16. Code Section 49-806, relating to the notice of petition for appointment of guardian, is hereby amended by striking said section in its entirety, and in lieu thereof inserting the following:
FRIDAY, FEBRUARY 21, 1958
1385
"49-806. Upon the application for the appointment of a guar dian under Code Chapter 49-8, notice shall be given as provided by Code Section 49-112, as amended, for the appointment of guardians for minors under the age of 14 years, other than the child of the applicant."
Section 17. Code Section 49-807, relating to the bond and fitness of a guardian, is hereby amended by striking the figure $500 and in serting in lieu thereof the figure $1,000 and by adding at the end thereof:
"Provided, further, however, that the Ordinary may, upon a proper showing that the value of the ward's estate has decreased, permit a decrease in the amount of the bond to an amount equal to the then value, plus the sums estimated to be payable to the ward during the ensuing year, provided, that no such reduction shall affect the liability of the surety for past waste or misconduct of the guardian."
so that Code Section 49-807, as so amended, shall read:
"49-807. Before making an appointment under the provisions of this Chapter, the court shall be satisfied that the guardian whose appointment is sought is a fit and proper person to be appointed. Upon the appointment being made the guardian shall execute and file a bond to be approved by the court, in an amount not less than the sum then due and estimated to become payable during the ensuing year. The said bond shall be a security bond made by a solvent surety company in the form and be conditioned as required of guardians appointed under general guardianship laws. The court shall have the power from time to time to require the guardian to file an additional bond; Provided, however, that where the total estate coming into the hands of such guardian shall at no time exceed the sum of $1,000, a bond with personal sureties, with at least two such sureties thereon, may be accepted if such personal sureties are solvent and are each worth the amount named as the penalty of the bond. Provided further, however, that the Ordinary may, upon a proper showing that the value of the ward's estate has decreased, permit a decrease in the amount of the bond to the then value, plus the sums estimated to be payable to the ward during the ensuing year. Provided, that no such reduction shall affect the liability of the surety for past waste or misconduct of the guardian."
Section 18. Code Section 49-810, relating to the authority for expenditures by guardians, is hereby amended by striking said section in its entirety and in lieu thereof inserting the following:
"49-810. A guardian shall not apply any portion of the estate of his ward for the support, maintenance and education of any person other than his ward, spouse and the children of the ward who are legally dependent upon the ward, except upon order of the court after a hearing, notice of which has been given the proper office of the Bureau in the manner provided in Section 49-815. A guardian shall be authorized to make expenditures of funds of his ward for the proper support, maintenance and education of the spouse or dependent child of the ward without a court order, in the
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same manner as expenditures are made for the support, main tenance and education of the ward."
Section 19. The guardian of a ward's estate shall make and file with the Ordinary an inventory of the estate in the same manner and within the same time as is required by administrators.
Section 20. Code Section 49-212, relating to the manner of renting the lands of a minor by his guardian, which reads:
"Every renting of lands of a minor, unless by special order of the ordinary shall be in public to the highest bidder, and under the same rules as sheriff's sales, except that credit may be given on good security."
is hereby repealed in its entirety.
Section 21. This Act shall become effective July 1, 1958.
Section 22. 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. Smith of Emanuel moves to amend SB 32 Substitute by striking from Section 2, paragraph 2, the following words: "Unless such notice be waived or acknowledged in writing by the three next adult relatives who are non-residents." Also in said section, paragraph 2, by striking the following words: "or upon waiver of such notice," so that said paragraph when so amended shall read as follows:
"49-112. Every application to be appointed guardian of a minor under the age of 14 years, other than the child of the appli cant, shall be made to the Ordinary and served upon the three next adult relatives residing in Georgia, or if less than three, upon all who are residents of Georgia. If no adult relatives reside in Georgia, notice thereof shall be given by the Ordinary in the newspaper in which the legal advertisements of the county are published, once a week for four weeks before such letters shall be granted. At the next regular term after service upon the adult relatives, or after the notice has been published four weeks, the letters may be granted to the applicant or to some other person, in the discretion of the Court. If the Ordinary deems it necessary, a temporary guardian may be appointed under the same rules as apply to the appointment of temporary administrators."
The substitute, as amended, was adopted.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to, by substitute as amended.
On the passage of the Bill, by substitute as amended, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Bagby Ballard
Barber Barrett
Baughman Birdsong
FRIDAY, FEBRUARY 21, 1958
Blalock of Coweta Blalock of Clayton Brackin Bradley Brennan Brooks of Oglethorpe Broome Busbee Cagle A. Campbell of
Walker W. Campbell of
Walker Carlisle Carr Carter Cheatham Cheek Coalson Cocke Dorminy Elder Ellis Eyler Fellows Flynt Fordham Fowler of Douglas Fowler of Treutlen
Frazier Fuqua
Gowen Green of Rabun Greene of Bartow Griffith Grimsley Gross of Stephens Gross of Dade Gunter Hall of Floyd Hall of Lee
Harper-
Helms Hendrix Hill Hodges of Ware Hodges of Butts Hogan Holcombe Holloway Huddleston Hurst Ingle Irvin Johnson Jones of Wayne Jones of Lumpkin Jones of Laurens Jones of Crawford
Kelley Kennedy Key Kidd Killian Lam Lanier Lee Lindsey Long Lott Love Mackay Mann Martin Matthews Miles Miller of Elbert Mobley Morris Murphy Murr Musgrove
1387
McKenna Neese Nichols Palmer Parker of Ware Parker of Appling Pelham Perry Phillips of Columbia Pickard Pickett Ray Reed Roberts Rogers of Heard Ross Roughton Rowland Scoggin Sivell Smith of Emanuel Smith of Lamar Smith of Whitfield Souter Stephens Story Summers Tamplin Tarpley Taylor Twitty Underwood Watson Wells Willingham Wilson Winkle Wright of Floyd Young
Voting in the negative was Mr. Raulerson.
On the passage of the Bill, by substitute as amended, the ayes were 125, nays 1.
The Bill, having received the requisite constitutional majority, was passed by substitute as amended.
The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto:
HB 1156. By Messrs. Smith, McClelland and Brooks of Fulton:
A Bill to be entitled an Act to establish a Local Education Commission in Atlanta and Fulton County; and for other purposes.
1388
JOURNAL OF THE HOUSE,
The following Senate amendment was read:
Senator Brown of the 52nd moves to amend HB 1156, a Bill to be entitled an Act to establish Local Education Commission in Atlanta and Fulton County, and for other purposes; as follows:
By adding at the end of Section 1, paragraph (b) the name of W. Kenneth Stringer, so that said Section 1 paragraph (b) will read as follows:
"(b) Seven additional positions, which shall be filled originally by Fred J. Turner, Marthame Sanders, Joseph K. Heyman, J. H. Cawthon, Otis M. Jackson, Elwyn Gaissert, W. Kenneth Stringer."
Senator Brown further moves to amend Section 4 of said HB 1156, as follows:
By substituting the word "assemble" in lieu of the word "assembly" in line 8 of Section 4 on page 3.
Mr. Smith of Fulton 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 1156 was agreed to.
Under the order of business established by the Committee on Rules, the following Bill and Resolution of the Senate were taken up for consideration and read the third time:
SB 36. By Senators Trotter of the 37th and Langdale of the 6th:
A Bill to be entitled an Act to repeal Code Chapters 31-1 and 31-2, relating to dower; 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.:
Bagby Ballard Barber Barrett Baughman Birdsong Blalock of Coweta Brackin Bradley
Brennan Broome Busbee A. Campbell of
Walker W. Campbell of
Walker Carr Carter
Cheatham Cheek Coalson Cocke Dorminy Echols Elder Ellis Eyler
FRIDAY, FEBRUARY 21, 1958
1389
Flynt Fordham Fowler of Douglas Fowler of Treutlen Frazier Fuqua Gowen Green of Rabun Greene of Bartow Griffith Grimsley Gross of Stephens Gross of Dade Gunter Hall of Floyd Hall of Lee Hardaway Harrison Helms Henderson Hodges of Ware Hodges of Butts Hogan Holloway Hurst Ingle Irvin Johnson Jones of Wayne Jones of Lumpkin
Jones of Laurens Jones of Crawford Kelley Kennedy Key Kidd Killian Lam Lancaster Lee Long Lott Love Mackay Mann Matthews Miller of Elbert Murphy Murr Musgrove McGibony McKenna Neese Nichols Orr Overby Parker of Appling Pelham Perry Peters
Phillips of Columbia Pickard Pickett Ramsey Raulerson Reed Rogers of Heard Ross Rowland
Scoggin Sivell Smith of Emanuel Smith of Whitfield Souter Stephens Summers Tamplin Tarpley Taylor Twitty Underwood Watson Wells Wilson Winkle Wooten Wright of Floyd Wright of Dodge Young
On the passage of the Bill, the ayes were 124, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
SR 50. By Senators Stafford of the 47th and Pelham of the 7th:
A Resolution to create a Committee to investigate the procedure of teacher certification and the accrediting of schools, and other phases of education in this State; and for other purposes.
The following committee substitute, was read and adopted:
A RESOLUTION
To create a Committee to investigate the procedure of teacher certification and the accrediting of schools, and other phases of educa tion in this State; and for other purposes.
WHEREAS, it is desirable to maintain the highest qualifications possible for teacher certification, and
WHEREAS, it is desirable that the methods employed in the accrediting of schools should be for the purpose of promoting education in this State, and
WHEREAS, the availability of teachers trained in the basic sciences
1390
JOURNAL OF THE HOUSE,
to teach those subjects determines the quality of the education received by the younger generations in this State, and
WHEREAS, it is desirable that the curriculums of the public schools in this State be maintained upon the highest possible plane and the quality thereof should not be sacrificed for purposes of expediency.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is hereby created a Committee to be composed of four (4) members of the House, to be appointed by the Speaker, and three (3) members of the Senate, to be appointed by the President, to make a thorough investigation as to teacher certifica tion, the accrediting of schools, the curriculums in public schools and the availability of teachers trained in the basic sciences to teach those subjects in the public schools. Said Committee is hereby authorized to employ personnel necessary to effectuate the purposes of this Reso lution. They are further authorized to hold hearings and issue sub poenas to compel the attendance of witnesses and the production of documents and to do all things necessary to effectuate the provisions of this Resolution. The Committee shall make its report to the 1959 Session of the General Assembly and shall stand abolished upon making its report. The State Treasurer is authorized to pay the members of this Committee the regular per diem which is authorized for members of interim committees while the committee is performing official duties relative to the study and any other expenses for clerical and steno graphic help necessary for preparing a report of this committee. Pro vided, however, the committee shall use no more than 15 years.
The previous question was ordered.
The main question was ordered.
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.:
Alien Ballard Barber Baughman Birdsong Blalock of Clayton Bodenhamer Brackin Bradley Brennan Brooks of Oglethorpe Broome Busbee Cagle A. Campbell of
Walker
W. Campbell of Walker
Carlisle Carr Cheek Coalson Cocke Cowart Dorminy Duncan Ellis Eyler Fellows Fordham Fowler of Douglas Fuqua
Gowen Greene of Bartow Griffith Gross of Stephens Gross of Dade Hall of Floyd Hall of Lee Hodges of Ware Hodges of Butts Hogan Holcombe Holloway Huddleston Hurst Ingle Irvin
FRIDAY, FEBRUARY 21, 1958
1391
Jones of Wayne Jones of Lumpkin
Jones of Laurens Jones of Crawford Kelley
Kennedy Key Kidd
Lam Lancaster Lee
Love Mann
Martin Matthews Miller of Twiggs
Miller of Elbert Morris Murphy Murr
Musgrove McCracken
McGibony McKenna Neese
Newton Nichols Palmer
Parker of Ware Parker of Appling Pelham
Perry Peters
Peters Phillips of Columbia Phillips of Walton
Reed Roberts Rowland Rutland
Scoggin Sivell Smith of Emanuel Smith of Whitfield Souter Stephens Summers Tamplin Tarpley Taylor Twitty Underwood Watson Wells Winkle Wooten Wright of Floyd Wright of Dodge Young
Those voting in the negative were Messrs.:
Black Blalock of Coweta
Denmark
Green of Rabun
On the adoption of the Resolution, by substitute, the ayes were 104, nays 4.
The Resolution, having received the requisite constitutional majority, was adopted, by substitute.
The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has adopted as amended the requisite constitutional majority the following Resolutions of the House to wit:
HR 316. By Messrs. Kidd and Griffith of Baldwin: A Resolution to compensate E. C. Prather; and for other purposes.
HR 391. By Messrs. Blalock and Lee of Clayton: A Resolution to compensate Mr. W. M. Thomas; and for other purposes.
The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has adopted by the requisite constitutional majority the following Resolutions of the Senate to wit:
1392
JOURNAL OF THE HOUSE,
SR 161. By Senator Sanders of the 18th: A Resolution proposing Congressional Vigilance to insure compliance with Constitutional amendments and public laws affecting the structure, status and mission of the National Guard; 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 823. By Mr. Caldwell of Upson: A Bill to be entitled an Act to provide for maintenance of standards of sanitation for food service establishments; and for other purposes.
HB 1038. By Mr. Burkhalter of Tattnall: A Bill to be entitled an Act providing pensions to the firemen of 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 insists on its position to the following Bill of the House and respectfully asks that a Committee of Conference be appointed:
HB 1055. By Messrs. Moate of Hancock, Hawkins of Screven, and Jessup of Bleckley:
A Bill to be entitled an Act to provide for election of President and Vice President of United States; to provide for nomination of party candidates; and for other purposes.
The President has appointed as a Committee of Conference on the part of the Senate:
Senators Hawes of the 30th, Ellard of the 31st and Trotter of the 37th.
The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following Bills and Resolutions of the House to wit:
HR 460. By Messrs. Cheatham, Eyler and Brennan of Chatham:
A Resolution proposing an amendment to the Constitution so as to limit the authority of the fiscal authority of Chatham County to levy a tax for education; and for other purposes.
FRIDAY, FEBRUARY 21, 1958
1393
HR 476. By Mr. McClelland of Fulton:
A Resolution providing for a commission to investigate pension and retirement laws affecting teachers in Atlanta and Fulton County; and for other purposes.
HR 477. By Mr. Willingham of Cobb:
A Resolution authorizing the State Highway Department to compensate Mrs. Susan S. Hale and Mr. W. M. Hale; and for other purposes.
HR 498. By Messrs. Stephens of Clarke, Brooks of Oglethorpe, and Fowler of Douglas:
A Resolution creating a Committee to assist and advise with the Secre tary of State in construction of building to house Archival and other permanent records of the State; and for other purposes.
HR 507. By Messrs. Hawkins of Screven, McClelland of Fulton; and others:
A Resolution urging Hon. Richard B. Russell, and Hon. Carl Vinson, to sponsor an amendment to budget proposed by President, to restore cuts in Armed Forces appropriations; and for other purposes.
HB 615. By Messrs. M. Smith, Brooks and McClelland of Fulton:
A Bill to be entitled an Act to amend an Act to create a County Planning Commission and Board of Zoning Appeals in counties having a popula tion of over 300,000; and for other purposes.
HB 620. By Messrs. McKenna of Bibb, Floyd of Chattooga and others:
A Bill to be entitled an Act to amend an Act providing for the issuance of special motor vehicle license tags to members of the Georgia National Guard; and for other purposes.
HB 642. By Messrs. Cheatham, Eyler and Brennan of Chatham:
A Bill to be entitled an Act to provide for facsimile signatures of public officials on public securities and instruments of payment; and for other purposes.
HB 670. By Messrs. Moate of Hancock, Hawkins of Screven and Scoggin of Floyd:
A Bill to be entitled an Act to prescribe number of directors for corpora tions incorporated by Secretary of State; to prescribe effect of this Act; and for other purposes.
HB 702. By Mr. Brooks of Fulton:
A Bill to be entitled an Act to prohibit appointed or elected State Officials from collecting private funds for the enforcement of the penal laws; and for other purposes.
HB 862. By Mr. Overby of Hall:
A Bill to be entitled an Act to authorize the Secretary of State to designate employees to accept service; and for other purposes.
1394
JOURNAL OF THE HOUSE,
HB 910. By Messrs. Blalock and Lee of Clayton:
A Bill to be entitled an Act to change the fees of Constables; and for other purposes.
HR 435. By Mr. Twitty of Mitchell:
A Resolution proposing an amendment to the Constitution authorizing taxation for the purposes of paying pensions, etc., under an Ordinaries retirement system; and for other purposes.
HR 440. By Messrs. Floyd of Chattooga, Ingle of Gordon, Smith of Whitfield, Fellows of Coffee, McKenna of Bibb and Murr of Sumter:
A Resolution to urge our Congressional and Senatorial Delegations at Washington to exert their influence and every effort toward having a new hospital of sufficient bed capacity constructed in the AtlantaNorth Georgia area.
HR 442. By Messrs. Mackay, McWhorter and Rutland of DeKalb:
A Resolution proposing an amendment to the Constitution so as to authorize the General Assembly to empower the Commissioners of Roads and Revenues of DeKalb County, to enact ordinances for the policing and governing of said County; and for other purposes.
HR 443. By Messrs. Mackay, McWhorter and Rutland of DeKalb:
A Resolution proposing an amendment to the constitution of DeKalb County to authorize the Board of Commissioners of Roads and Revenues to establish districts to build, erect, etc., storm sewers and street lights within said County; and for other purposes.
HR 444. By Messrs. Mackay, McWhorter and Rutland of DeKalb:
A Resolution proposing an amendment to the Constitution of DeKalb County so as to authorize the Board of Commissioners of Roads and Revenues to provide systems of garbage disposals; and for other pur poses.
HR 445. By Messrs. Moss and Story of Gwinnett: A Resolution to compensate Bob Burel; and for other purposes.
HR 448. By Messrs. Blalock and Lee of Clayton:
A Resolution to compensate Mrs. C. R. (Gladys D.) Chesney for damages to her property; and for other purposes.
HR 449. By Mr. Lanier of Candler:
A Resolution to compensate John Arthur Holloway, Sr.; and for other purposes.
HR 450. By Mr. Lanier of Candler: A Resolution to compensate Brooks A. Bird; and for other purposes.
FRIDAY, FEBRUARY 21, 1958
1395
HR 455. By Messrs. Bolton and Lindsey of Spalding:
A Resolution proposing an amendment to the Constitution so as to authorize the General Assembly to abolish justice courts and the offices of justice of the peace and notary public ex-officio justices of the peace of Spalding County; and for other purposes.
HR 456. By Messrs. Bodenhamer and Morris of Tift:
A Resolution proposing an amendment to the Constitution so as to create a body corporate and politic to be known as the Tifton-Tift County Development Authority; and for other purposes.
HR 331. By Messrs. Stephens of Clarke, Brooks of Oglethorpe, and Freeman of Monroe:
A Resolution authorizing the Secretary of State to obtain certain records of the Confederate Army for Georgia; and for other purposes.
HR 339. By Mr. Ingle of Gordon:
A Resolution to compensate Freeman B. Roberts; and for other purposes.
HR 343. By Messrs. Twitty and Palmer of Mitchell: A Resolution to compensate James H. Edwards; and for other purposes.
HR 344. By Messrs. Morris and Bodenhamer of Tift:
A Resolution to compensate Grady Emmit Burgess of Tifton, Georgia; and for other purposes.
HR 345. By Messrs. McKenna and Wilson of Bibb:
A Resolution to compensate Lovett White, as next friend to Sue Jean White, Betty Jo White, and Melody Ann Floyd; and for other purposes.
HR 346. By Messrs. McKenna and Wilson of Bibb: A Resolution to compensate W. J. Wilkerson; and for other purposes.
HR 355. By Mr. McClelland of Fulton:
A Resolution compensating James S. Bonner, Sr., Administrator of the Estate of James S. Bonner, Jr.; and for other purposes.
HR 356. By Mr. McClelland of Fulton:
A Resolution compensating 1st Lieutenant Charles H. Cox, Jr.; and for other purposes.
HR 361. By Mr. Cheatham of Chatham:
A Resolution to compensate the American News Company, for damages to one of their trucks; and for other purposes.
1396
JOURNAL OF THE HOUSE,
HR 369. By Messrs. Hawkins of Screven, Jessup of Bleckley, and Sheffield of Brooks:
A Resolution proposing amendment to Constitution authorizing levying taxes to pay retirement benefits, costs of administration, etc., to the Peace Officers; and for other purposes.
HR 417. By Messrs. Roberts and Fellows of Coffee:
A Resolution to compensate Dr. Horace D. Joiner; and for other purposes.
HR 419. By Mr. Caldwell of Upson:
A Resolution to compensate Mrs. Blanche Phillips; and for other purposes.
HB 428. By Mr. M. Smith of Fulton: A Resolution proposing an amendment to the Constitution providing for exemption from taxation for certain fraternity and sorority property; and for other purposes.
HR 429. By Mr. Tarpley of Union: A Resolution to compensate C. A. Arnold; and for other purposes.
HR 434. By Mr. Sheffield of Brooks: A Resolution to compensate Mr. Rosyer Joyner, Mrs. Willa Mae McCranie Joyner, and Mrs. Edith Sue Townsend; and for other purposes.
HR 9. By Messrs. Kidd and Griffith of Baldwin: A Resolution to compensate Thulia Lindsley; and for other purposes.
HR 58. By Mr. Souter of Macon: A Resolution to compensate Clemon Odom; and for oilier purposes.
HR 138. By Messrs. Newton and Short of Colquitt: A Resolution to compensate David Norman (State Highway Depart ment) ; and for other purposes.
HR 195. By Mr. Cheatham of Chatham: A Resolution to compensate Mr. and Mrs. Lynn Daniel; and for other purposes.
HR 260. By Mr. Irvin of Habersham: A Resolution to compensate Stovall Motor Company, Inc.; and for other purposes.
HR 297. By Mr. McWhorter of DeKalb: A Resolution compensating Mrs. Christine Howell Ivie; and for other purposes.
FRIDAY, FEBRUARY 21, 1958
1397
HR 301. By Mr. Busbee of Dougherty: A Resolution to compensate Mrs. Ettean Brown Sullivan; and for other purposes.
HR 302. By Mr. Busbee of Dougherty: A Resolution to compensate Mr. Sim Brown; and for other purposes.
HR 304. By Mr. Ellis of Henry:
A Resolution to authorize compensation to Mr. Elias Pink Griswell; and for other purposes.
HR 317. By Mr. Truelove of White:
A Resolution to compensate Mr. Franklin Truelove for damages in curred as a result of flying stones or gravel from a State Highway Department vehicle; and for other purposes.
HR 321. By Mr. Cloud of Decatur: A Resolution to compensate Mr. C. A. Mobley; and for other purposes.
HR 325. By Mr. Phillips of Columbia: A Resolution to compensate William H. Beall; and for other purposes.
HR 327. By Messrs. Stephens of Clarke, Brooks of Oglethorpe, and Freeman of Monroe:
A Resolution authorizing the placing of a plaque at the entrance of the Georgia Hall of Fame; and for other purposes.
HR 328. By Messrs. Stephens of Clarke, Brooks of Oglethorpe, and Freeman of Monroe:
A Resolution authorizing the placing of busts of seven great Georgians in the Georgia Hall of Fame at the State Capitol; and for other purposes.
HB 912. By Messrs. Blalock and Lee of Clayton:
A Bill to be entitled an Act to amend an Act pertaining to fees of Justices of the Peace; and for other purposes.
HB 951. By Messrs. Frazier of Jeff Davis, Fowler of Douglas and Underwood of Montgomery:
A Bill to be entitled an Act to amend an Act relating to the levy and exemption of the tax on motor fuels; and for other purposes.
HB 1016. By Messrs. McClelland, Brooks and Smith of Fulton:
A Bill to be entitled an Act providing that cities having a certain population shall furnish pensions to officers and employees; and for other purposes.
1398
JOURNAL OF THE HOUSE,
HB 1068. By Messrs. M. Smith, McClelland, and Brooks of Pulton:
A Bill to be entitled an Act to amend an Act to provide cities having a population of more than 150,000, pensions furnished to officers and employees; and for other purposes.
HB 1069. By Messrs. M. Smith, McClelland, and Brooks of Fulton:
A Bill to be entitled an Act to amend an Act providing system of pensions and other benefits for Fire Departments members in cities having population 150,000 or more; and for other purposes.
HB 1070. By Messrs. M. Smith, McClelland and Brooks of Fulton:
A Bill to be entitled an Act to amend an Act providing pensions for members of police departments in cities having population of 150,000 or more; and for other purposes.
HB 1073. By Mr. Parker of Ware:
A Bill to be entitled an Act to incorporate the City of Manor in the County of Ware; and for other purposes.
HB 1074. By Mr. Hendrix of Long:
A Bill to be entitled an Act creating a new charter for the City of Ludowici; and for other purposes.
HB 1075. By Mr. Broome of Bacon:
A Bill to be entitled an Act to authorize the City of Alma to close for use of an alley, a certain strip of land in said city; and for other purposes.
HB 1076. By Messrs. Fuqua, Holley and Miles of Richmond: A Bill to be entitled an Act to amend the charter of the City of Augusta, to extend corporate limits; and for other purposes.
HB 1077. By Messrs. Fuqua, Miles and Holley of Richmond: A Bill to be entitled an Act to provide that the Board of Commissioners of Roads and Revenues of Richmond County shall advertise for bids before purchasing or selling any goods; and for other purposes.
HB 1078. By Messrs. Fuqua, Holley and Miles of Richmond: A Bill to be entitled an Act to amend the charter of the City of Augusta, to extend corporate limits; and for other purposes.
HB 1079. By Mr. Summers of Crisp: A Bill to be entitled an Act creating a new charter for the City of Cordele; and for other purposes.
HB 1080. By Mr. Pettey of Pulaski: A Bill to be entitled an Act to consolidate the offices of Tax Receiver
FRIDAY, FEBRUARY 21, 1958
1399
and Tax Collector of Pulaski into the office of Tax Commissioner; and for other purposes.
HB 1081. By Mr. Jones of Baker:
A Bill to be entitled an Act creating a Board of Commissioners of Roads and Revenues for Baker County; and for other purposes.
HB 1082. By Mr. Jones of Baker:
A Bill to be entitled an Act that in certain counties members of the County Board shall be compensated $25 for each day of actual service out of school funds; and for other purposes.
HB 1083. By Mr. Jones of Baker:
A Bill to be entitled an Act to provide that members of County Board of Education shall be paid $25 per day for each day of actual service; and for other purposes.
HB 1085. By Mr. Gross of Stephens:
A Bill to be entitled an Act to amend an Act incorporating the City of Toccoa; and for other purposes.
HB 1089. By Mr. Barrett of Cherokee:
A Bill to be entitled an Act to amend an Act creating the office of Tax Commissioner of Cherokee County; and for other purposes.
HB 1090. By Mr. Barrett of Cherokee:
A Bill to be entitled an Act to change from the fee of salary system in Cherokee County, Clerk of Superior Court, Sheriff and Ordinary; and for other purposes.
HB 1091. By Mr. Barrett of Cherokee:
A Bill to be entitled an Act to amend an Act incorporating the Town of Waleska; and for other purposes.
HB 1092. By Mr. Barrett of Cherokee:
A Bill to be entitled an Act to amend an Act creating the Cherokee County Authority; and for other purposes.
HB 1093. By Mr. Barrett of Cherokee:
A Bill to be entitled an Act to amend an Act incorporating the Town of Holly Springs; and for other purposes.
HB 1094. By Mr. Barrett of Cherokee:
A Bill to be entitled an Act to amend an Act incorporating the Town of Woodstock; and for other purposes.
1400
JOURNAL OF THE HOUSE,
HB 1088. By Mr. Barrett of Cherokee:
A Bill to be entitled an Act creating a new Charter for the Town of Ball Ground; and for other purposes.
HB 1095. By Mr. Barrett of Cherokee:
A Bill to be entitled an Act incorporating the City of Canton; and for other purposes.
HB 1096. By Messrs. Moss and Storey 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 1097. By Messrs. Carlisle, Wilson and McKenna of Bibb:
A Bill to be entitled an Act to amend an Act entitled "An Act to establish the City Court of Macon"; and for other purposes.
HB 1099. By Messrs. Cheatham, Eyler and Brennan of Chatham:
A Bill to be entitled an Act to amend the several Acts relating to the incorporating the Mayor and Aldermen of the City of Savannah; and for other purposes.
HB 1103. By Messrs. Short and Newton of Colquitt:
A Bill to be entitled an Act to amend an Act relating to the Charter of the City of Moultrie; and for other purposes.
HB 1104. By Messrs. Blalock and Lee of Clayton:
A Bill to be entitled an Act to amend the Act incorporating the Town of Forest Park; and for other purposes.
HB 1106. By Messrs. McClelland, Brooks and M. Smith of Fulton:
A Bill to be entitled an Act to amend an Act to provide that in all cases where property is not returned for taxation, a penalty of 10% shall be added to the assessment for that year; and for other purposes.
HB 1108. By Messrs. Wright, Scoggin and Hall of Floyd:
A Bill to be entitled an Act to amend an Act prescribing the terms of Superior Court to be held in the Rome Judicial Circuit; and for other purposes.
HB 1111. By Messrs. Bodenhamer and Morris of Tift:
A Bill to be entitled an Act to amend the charter of the City of Tifton; and for other purposes.
HB 1112. By Messrs. Bodenhamer and Morris of Tift:
A Bill to be entitled an Act to amend the charter of the City of Tifton; and for other purposes.
FRIDAY, FEBRUARY 21, 1958
1401
HB 1113. By Messrs. Fuqua, Holley and Miles of Richmond:
A Bill to be entitled an Act to amend an Act to abolish justice courts and the office of Justice of the Peace in the City of Augusta; and for other purposes.
HB 1114. By Mr. Fowler of Treutlen:
A Bill to be entitled an Act to proivde for the compensation of the Judge and Solicitor of the City Court of Soperton; and for other purposes.
HB 1115. By Mr. Fowler of Treutlen:
A Bill to be entitled an Act to amend an Act creating the office of County Tax Commissioner of Treutlen County; and for other purposes.
HB 1116. By Mr. Fowler of Treutlen: A Bill to be entitled an Act to change from the fee to the salary system in the County of Treutlen the Clerk of the Superior Court, the Ordinary and Sheriff; and for other purposes.
HB 1117. By Messrs. Budd and Walker of Lowndes: A Bill to be entitled an Act to provide that the Sheriffs of certain counties shall be paid on a fee basis; and for other purposes.
HB 1119. By Mr. McClelland of Fulton: A Bill to be entitled an Act to amend an Act relating to the abolition of Justice courts in certain counties; and for other purposes.
HB 1120. By Messrs. McClelland and Brooks of Fulton: A Bill to be entitled an Act to amend an Act to supplement the salaries of Judges of the Superior Court of Fulton County; and for other purposes.
HB 1121. By Mr. Smith of Fulton: A Bill to be entitled an Act to amend an Act to authorize the governing authority of the several municipalities in certain counties to enact zoning and planning ordinances; and for other purposes.
HB 1128. By Mr. Burkhalter of Tattnall: A Bill to be entitled an Act to amend an Act creating a new charter for the City of Glennville; and for other purposes.
HB 1129. By Messrs. McClelland, Brooks and 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.
HB 1130. By Mr. Ramsey of Effingham:
A Bill to be entitled an Act to incorporate the City of Pineora; and for other purposes.
1402
JOURNAL OP THE HOUSE,
HB 1132. By Mr. Broome of Bacon:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Alma; and for other purposes.
HB 1133. By Messrs. McClelland, Brooks 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.
HB 1137. By Messrs. Brooks and McClelland 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 for other purposes.
HB 1138. By Messrs. Matthews and Stephens of Clarke:
A Bill to be entitled an Act to amend an Act establishing a City Court in the County of Clarke; and for other purposes.
HB 1139. By Messrs. Lanier of Candler, Smith of Emanuel, and Yandle of Toombs:
A Bill to be entitled an Act to amend an Act abolishing fee system as applied to Solicitor General in Superior Courts of Middle Judicial Cir cuit; and for other purposes.
HB 1140. By Mr. Sheffield of Brooks:
A Bill to be entitled an Act to amend an Act to create a new charter for the City of Quitman; and for other purposes.
HB 1142. By Messrs. Craven and Duncan of Carroll:
A Bill to amend an Act establishing charter for City of Bowden ap proved August 12, 1910, to give mayor and council the right to elect a recorder and fix compensation; and for other purposes.
HR 1143. By Messrs. McClelland, Brooks and M. Smith of Fulton:
A Bill to be entitled an Act to amend an Act to create a Civil Service Board in Fulton County; and for other purposes.
HB 1144. By Mr. Rowland of Johnson:
A Bill to be entitled an Act to amend an Act incorporating the City of Wrightsville; sc as to change the corporate limits; and for other pur poses.
HB 1146. By Messrs. M. Smith, Brooks, and McClelland of Fulton:
A Bill to be entitled an Act to amend an Act providing retirement benefits for Fulton County employees, providing former employees credited with 15 years service retirement benefits; and for other purposes.
FRIDAY, FEBRUARY 21, 1958
1403
The following Bills and Resolution of the House were taken up for the purpose of considering the Senate amendments thereto:
HR 316-772g. By Messrs. Kidd and Griffith of Baldwin: A Resolution to compensate E. C. Prather; and for other purposes.
The following Senate amendment was read:
The Senate committee on Appropriations moves to amend HR 316-772g by striking "$750.00" and inserting in lieu thereof "$500.00."
Mr. Kidd 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.:
Bagby Ballard Barber Barrett Baughrnan Birdsong Blalock of Clayton Bodenhamer Boggs Brackin Brennan Brooks of Oglethorpe Brooks of Fulton Broome Cagle A. Campbell of
Walker W. Campbell of
Walker Carr Cheek Coalson Cocke Cowart Dorminy Ellis Eyler Fowler of Douglas Fowler of Treutlen Frazier Gowen Green of Rabun Griffith Grimsley Gross of Stephens Hall of Floyd Hall of Lee
Hardaway Harper Hill Hodges of Ware Hodges of Butts Hogan Holcombe Hurst Ingle Irvin Jones of Wayne Jones of Lumpkin Jones of Laurens Jones of Sumter Kelley Kennedy Kidd Killian Lam Lancaster Land Lokey Long Mackay Mann Martin Matthews Miller of Twiggs Mobley Morris Murr Musgrove McClelland McGibony McKenna Neese Newton
Nichols Palmer Parker of Ware Parker of Appling Pelham Perry Peters Phillips of Columbia Phillips of Walton Pickett Reed Rodgers of Charlton Rogers of Heard Roughton Rutland Scoggin Smith of Emanuel Smith of Fulton Smith of Whitfield Souter Stephens Tamplin Tarpley Taylor Todd Twitty Veal Watson Willingham Wilson Winkle Wooten Wright of Floyd Wright of Dodge Yandle Young
1404
JOURNAL OF THE HOUSE,
On the motion to agree, the ayes were 107, nays 0.
The Senate amendment to HR 316-772g was agreed to.
HB 823. By Mr. Caldwell of Upson:
A Bill to be entitled an Act to provide for maintenance of standards f sanitation for food service establishments; and for other purposes.
The following Senate amendment was read: Senator Hawes of the 30th moves to amend HB 823 as follows: By striking the third sentence in its entirety and substituting in lieu thereof the following: "The Council shall consist of 5 members who shall come from recognized Association representing the restaurant, hotel and food industies."
Mr. Caldwell of Upson moved that the House disagree to the Senate amend ment, and the motion prevailed.
The Senate amendment to HB 823 was disagreed to.
The following message was received from the Senate through Mr. Stewart, the Secretary thereof: Mr. Speaker:
The Senate has passed as amended by the requisite constitutional majority the following Bills and Resolutions of the House to wit:
HR 513. By Messrs. Wilson, Carlisle and McKenna of Bibb, and others: A Resolution relative to the acquisition of certain Wesleyan Conserva tory property; and for other purposes.
HB 984. By Messrs. Twitty of Mitchell and Hogan of Laurens: A Bill to be entitled an Act to amend an Act relating to venue of suits against insurance companies, suit on the bond of sheriff or other arresting officer; and for other purposes.
The following Bill of the House was taken up for the purpose of considering the Conference Committee Report thereon:
HB 820. By Mr. McKenna of Bibb: A Bill to be entitled an Act to amend an Act establishing the State Employees' Retirement system; and for other purposes.
The following Conference Committee Report was read: REPORT OF CONFERENCE ON HB 820
Mr. President and Mr. Speaker: We, the Committee of Conference on the part of the House on
FRIDAY, FEBRUARY 21, 1958
1405
HB 820, submit the following report and recommend that it be adopted by both the House and the Senate:
1. That the House agree to the Senate Amendment to HB 820.
Respectively submitted on the part of the House: Edgar Blalock of Clayton Fred C. Jones, Jr., of Lumpkin Edgar H. Wilson of Bibb
Respectively submitted on the part of the Senate: Dixon Oxford of the llth District Wilton Hill of the 45th District John W. Langdale of the 6th District
Mr. McKenna of Bibb moved that the House disagree to the Conference Committee Report.
Mr. Jones of Lumpkin moved that the House adopt the Conference Com mittee Report.
On the motion to adopt, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Alien Bagby Ballard Barber Baughman Birdsong Blalock of Coweta Blalock of Clayton Bodenhamer Boggs Brackin Bradley Brooks of Oglethorpe Broome Carter Cheatham Cloud Denmark Elder Flynt, Fordham Fowler of Douglas Gowen Greene of Bartow Grimsley Gross of Dade Hall of Floyd Hall of Lee
Hardaway Harrison Helms Hendrix Hill Holcombe
Huddleston Hurst Ingle Irvin Jones of Worth Jones of Lumpkin Jones of Baker Jones of Crawford Kelley
Kennedy Key Killian King Lancaster Lanier Lee Lindsey Lott Mann Matthews Morris Murphy
Musgrove McCracken McGibony Neese Overby Peters Phillips of Columbia Phillips of WaUon Ray Rowland Scoggin Sivell Smith of Emanuel Smith of Whitfield Souter Stephens Tamplin Taylor Twitty Veal Walker of Telfair Wells White Willingham Winkle Wright of Floyd
Those voting in the negative were Messrs.:
Adams Barrett
Black Brennan
Busbee Cagle
1406
JOURNAL OF THE HOUSE,
Carlisle Carr Cheek Coalson Cocke Cowart
Crummey Dorminy Echols Ellis Eyler Fellows Fowler of Treutlen Frazier Fuqua Griffith Gross of Stephens Gunter Harper Henderson
Hodges of Ware Hodges of Butts Hogan Holloway Jones of Wayne Jones of Laurens
Kidd Larkins Lokey Long Mackay Martin Miller of Elbert McKenna McWhorter Newton Orr Parker of Ware Parker of Appling Payton
Pelham Perry Pickett Raulerson Reed Roberts
Rodgers of Charlton Rogers of Heard Ross Summers Tarpley Todd Underwood Watson Wilson Wooten Yandle young-
On the motion to adopt, the ayes were 82, nays 64.
The Conference Committee Report of HB 820 was rejected.
Mr. McKenna of Bibb moved that the House re-refer the Bill to the Com mittee on Education.
Mr. Bagby of Paulding moved that a second Committee of Conference be appointed to confer with a like committee on the part of the Senate, and the motion prevailed.
The Speaker appointed as a Committee of Conference on the Part of the House to confer with a like committee on the part of the Senate, the following members: Messrs. Murphy of Haralson, Jones of Lumpkin and Blalock of Clayton.
The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto:
HB 984. By Messrs. Twitty of Mitchell and Hogan of Laurens:
A Bill to be entitled an Act to amend an Act relating to venue of suits against insurance companies; and for other purposes.
The following Senate amendment was read:
Senator Kelley of the 10th moves to amend HB 984 by deleting section 2 therefrom, and renumbering the other sections accordingly.
Mr. Twitty of Mitchell 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 21, 1958
1407
Those voting in the affirmative were Messrs.:
Adams Ballard Barber Barrett Baughman Birdsong Blalock of Coweta Blalock of Clayton Bodenhamer Brackin Bradley Brennan Brooks of Oglethorpe Broome Budd Busbee Cagle W. Campbell of
Walker
Carlisle Carr Carswell Carter Cheatham Cheek Cloud Coalson Cocke Crummey Denmark Dorminy Duncan Echols Elder Ellis Eyler Fordham Fowler of Douglas Fowler of Treutlen Frazier Fuqua Gowen Green of Rabun Greene of Bartow Griffith Gross of Stephens Gross of Dade Gunter Hall of Floyd Hall of Lee
Hardaway Harper Harrison Hawkins Hill Hodges of Ware Hodges of Butts Hogan Holcombe Holloway Hurst Ingle Irvin Johnson Jones of Wayne Jones of Worth Jones of Lumpkin Jones of Laurens Jones of Sumter Jones of Crawford Kelley Key Kidd Killian Lam Lancaster Land Lanier Larkins Lee Lindsey Lokey Long LoLt Mackay Martin Matthews Miller of Twiggs Miller of Elbert Mobley Moss Murphy Murr McCracken McGibony McKenna Neese Nichols Odom Orr
Overby Palmer Parker of Pike Parker of Ware Parker of Appling Payton Pelham Perkins Perry Peters Pettey Phillips of Columbia
Pickett Raulerson Reed Rodgers of Charlton Rogers of Heard
Ross Rowland Rutland Scoggin Sivell Smith of Emanuel Smith of Laurens Smith of Fulton Smith of Whitfield
Souter Stephens Story Summers Tamplin Tarpley Taylor Todd Twitty Underwood Veal Walker of Lowndes
Watson Wells Willingham Wilson Winkle Wooten Wright of Floyd Wright of Dodge Yandle Young
On the motion to agree, the ayes were 147, nays 0.
The Senate amendment to HB 984 was agreed to.
1408
JOURNAL OP THE HOUSE,
The following Resolution of the House was read and referred to the com mittee on Rules:
HR 528. By Messrs. Fellows and Roberts of Coffee, Raulerson of Echols and Rutland of DeKalb:
A RESOLUTION
Creating a committee to study the pay schedule of state officials and employees.
WHEREAS there is much confusion about the pay schedule of state officials and this House does not have sufficient information to pass on proposed pay raises which are introduced in each session of the General Assembly,
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created a committee of five members of the House, to be appointed by the Speaker, to conduct an investigation and make recommendations relative to the salary schedules of state officials and employees.
Said committee shall be limited to a period not to exceed 10 days. Said Committee is further ordered and directed to make its report and recommendations the first week of the 1959 Session of the General Assembly.
Under the order of business established by the Committee on Rules, the following Bill of the Senate was taken up for consideration and read the third time:
SB 293. By Senator Hawes of the 30th:
A Bill to be entitled an Act to amend the Act authorizing the State Board of Health to make rules for the protection of the health of inmates of hospitals; 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.:
Adams Ballard Barber Barrett Blalock of Coweta Blalock of Clayton Boggs
Bradley Brennan Brooks of Oglethorpe Brooks of Fulton Broome Cagle Carlisle
Carr Carswell Cheek Coalson Cowart Crummey Denmark
FRIDAY, FEBRUARY 21, 1958
1409
Dorminy Duncan Echols Elder Ellis Eyler Fowler of Douglas Fowler of Treutlen Frazier Fuqua Gowen Green of Rabun Greene of Bartow Grimsley Gross of Stephens Hall of Floyd Hardaway Harper Harrison Helms Hendrix Hill Hodges of Ware Hogan Holcombe Holloway Huddleston Irvin Johnson Jones of Worth Jones of Laurens
Jones of Sumter Kelley Key Kidd Killian Lam Lancaster Land Lokey Mackay Mann Martin Matthews Mobley Moss Murphy Murr McClelland McCracken McKenna Newton Nichols Odom Orr Palmer Parker of Ware Parker of Appling Pelham Perkins Perry Peters
Pettey Phillips of Columbia Pickett Reed Rodgers of Charlton Rogers of Heard Ross Rowland Scoggin Smith of Emanuel Smith of Fulton Smith of Whitfield Stephens Story Tamplin Tarpley Taylor Twitty Underwood Veal Walker of Lowndes Watson White Wilson Winkle Wooten Wright of Floyd Yandle Young Miles
Voting in the negative was Mr. Bagby:
On the passage of the Bill, the ayes were 122, nays 1.
The Bill, having received the requisite constitutional majority, was passed.
The following Resolution of the House was taken up for the purpose of considering the Senate amendment thereto:
HR 391-940c. By Messrs. Blalock and Lee of Clayton: A Resolution to compensate W. M. Thomas; and for other purposes.
The following Senate amendment was read:
The Senate Committee on Appropriations moves to amend HR 391-940c by striking "$2500.00" and inserting in lieu thereof "$1750.00".
Mr. Blalock of Clayton 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:
1410
JOURNAL OP THE HOUSE,
Those voting in the affirmative were Messrs.
Adams Ballard Barber Barrett Birdsong Blalock of Clayton Boggs Bradley Brennan Brooks of Oglethorpe Brooks of Fulton Broome Cagle Carlisle Carr Carswell Chastain Cheek Coalson Denmark Dorminy Duncan Elder Eyler Fellows Fordham Fowler of Douglas Fowler of Treutlen Frazier Fuqua Gowen Green of Rabun Greene of Bartow Griffith Grimsley Gross of Stephens Hall of Floyd Harper Harrison Helms
Hodges of Ware Hodges of Butts Hogan Holcombe Huddleston Ingle Irvin Johnson Jones of Worth Jones of Lumpkin Jones of Laurens Jones of Crawford Kelley Key Kidd Killian Lam Lancaster Land Lanier Larkins Lee Lindsey Lokey Lott Mackay Mann Matthews Miller of Elbert Mobley Moss Murphy McClelland McKenna Newton Nichols Odom Orr Palmer Parker of Pike
Parker of Appling Perkins Perry Peters Pettey Pickett Ray Reed Roberts Rodgers of Charlton Rogers of Heard Ross Rowland Rutland Sivell Smith of Emanuel Smith of Fulton Smith of Whitfield Stephens Story Summers Tamplin Tarpley Taylor Twitty Underwood Veal Walker of Lowndes Watson Wells White Willingham Wilson Winkle Wooten Wright of Floyd Yandle Young Mr. Speaker
(Moate)
On the motion to agree, the ayes were 119, nays 0.
The Senate amendment to HR 391-940c was agreed to.
The following Resolution of the House was read and adopted:
HR 529. By Mr. Irvin of Habersham: A RESOLUTION
Expressing wishes for a rapid recovery for Honorable Franklin F. Truelove; and for other purposes.
WHEREAS, Honorable Frank F. Truelove, Representative, White
FRIDAY, FEBRUARY 21, 1958
1411
County, is confined in the Hall County Hospital in Gainesville, Georgia, seriously ill, and unable to attend the final days of this Session of the General Assembly; and
WHEREAS, he is an honest, intelligent and faithful representative of the people of his country and his State, and
WHEREAS, he is a valuable member of this body and a true friend to all the other members;
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF THE STATE OF GEORGIA that this body expresses its most sincere regrets at the illness of Honorable Franklin F. Truelove and wishes for him a very rapid recovery.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a copy of this Resolution to Honorable Franklin F. Truelove.
Under the order of business established by the Committee on Rules, the following Bills and Resolutions of the Senate were taken up for consideration and read the third time:
SB 53. By Senators Adams of the 15th, Langdale of the 6th and Gillis of the 16th:
A Bill to be entitled an Act to amend an Act creating a State Board of Regisration for Foresters; 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.:
Bagby Barber Barrett Birdsong Blalock of Clayton Bodenhamer Boggs Brackin Bradley Brennan Brooks of Oglethorpe Brooks of Fulton Broome Budd Busbee
Cagle A. Campbell of
Walker W. Campbell of
Walker Carlisle Carr Chastain Cheatham Cheek Cloud Coalson Craven Crummey Denmark
Dorminy Echols Elder Fellows Floyd Fordham Fowler of Douglas Fowler of Treutlen Fuqua Gowen Greene of Barlow Griffith Grimsley Gross of Stephens Gunter
1412
JOURNAL OF THE HOUSE,
Hall of Floyd Hardaway Harper Harrison Hendrix Hill Hodges of Butts Hogan Holcombe Huddleston Ingle Irvin Jones of Wayne Jones of Baker Jones of Laurens Jones of Sumter Jones of Crawford Kelley Key Kidd Killian LancasterLand Lanier
Lee Love Mackay Mann Matthews Miller of Twiggs Miller of Elbert Morris Moss Murphy Murr McClelland McCracken Neese Newton Nichols Parker of Ware Parker of Appling Pelham Perkins Perry Phillips of Columbia Pickett Reed
Roberts Rogers of Heard Roughton Rowland Scoggin Smith of Whitfield Stephens Story Tarpley Taylor Todd Walker of Lowndes Watson Weems Wells White Willingham Willis Wilson Winkle Wooten Wright of Floyd Young
Those voting in the negative were Messrs.:
Odom
Yandle
On the passage of the Bill, the ayes were 114, nays 2.
The Bill, having received the requisite constitutional majority, was passed.
SR 44. By Senators Sammons of the 34th, Butts of the 12th, Roper of the 41st, Edge of the 40th, Newman of the 38th, McLaughlin of the 3rd, Cook of the 42nd :
A Resolution relative to investment of a percentage of earnings of insurance companies in the State; and for other purposes.
Mr. Campbell of Walker moved that further consideration of SR 44 be postponed.
Mr. Twitty of Mitchell moved that SR be tabled.
The motion prevailed, and the Bill was tabled.
By unanimous consent, the Clerk was instructed to change "1958 Session" to "1959 Session" wherever the same appears in SR 44.
SR 126. By Senator Paris of the 27th: A Resolution directing the Joint Income Tax Study Committee to study the advisability of revising the Georgia Income Tax Act; and for other purposes.
FRIDAY, FEBRUARY 21, 1958
1413
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 Bagby Ballard Barber Baughman Birdsong Blalock of Coweta Blalock of Clayton Brackin Brennan Brooks of Fulton Broome Cagle A. Campbell of
Walker W. Campbell of
Walker Carlisle Can-
Carter Cheatham Coalson Denmark Dorminy Echols Elder Ellis Eyler Fellows Fowler of Douglas Fowler of Treutlen Frazier Gowen Greene of Bartow Griffith Grimsley
Gross of Stephens Gunter Hall of Floyd Hardaway Harper Harrison Hawkins Hodges of Ware Hogan Holcombe Huddleston Irvin Jones of Wayne Jones of Lumpkin Jones of Baker Jones of Laurens Jones of Crawford Kidd Killian Lam Lancaster Land Lee Lokey Lott Love Mackay Mann Martin Matthews Miller of Elbert Moss McClelland McCracken Neese Nichols
Odom Parker of Ware Parker of Appling Payton Perry Peters Phillips of Columbia Phillips of Columbia Pickett Roberts Rodgers of Charlton Rogers of Heard Ross Roughton Rowland Rutland Scoggin Smith of Emanuel Smith of Fulton Smith of Whitfield Stephens Story Summers Tamplin Tarpley Taylor Watson Wells White Wilson Winkle Wooten Wright of Floyd Yandle Young
On the adoption of the Resolution, the ayes were 104, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
1414
JOURNAL OF THE HOUSE,
SB 188. By Senators Brown of the 52nd and Sammon of the 34th:
A Bill to be entitled an Act to amend an Act creating the Department of Public Safety so as to prohibit the operating of a motor driven cycle, by anyone who is under the age of sixteen years; and for other purposes.
An amendment offered by the Committee was read and lost.
Mr. Gross of Stephens moved that SB 188 be tabled.
The motion to table 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 roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.
Bagby Ballard Barber Barrett Baughman Birdsong Black Ballock of Coweta Bolton Bradley Brennan Brooks of Oglethorpe Brooks of Fulton Broome Busbee Cagle Carlisle Carr Carter Cheatham Cheek Coalson Cocke Cowart Crummey Denmark Dorminy Elder Ellis Eyler
Fellows Flynt Gowen Green of Rabun Griffith Gunter Hall of Floyd Helms Henderson Hendrix Hill Hodges of Ware Holcombe Jones of Crawford Kelley Kidd Killian Lam Lancaster Land Larkins Lindsey Long Love Martin Matthews Miller of Twiggs Miller of Elbert Moss McClelland
McGibony McKenna Neese Newton Nichols Nilan Orr Overby Parker of Ware Parker of Appling Payton Pelham Perry Phillips of Walton Pickard Pickett Reed Roberts Rogers of Heard Ross Roughton Rowland Russell Rutland Sheffield Short Singer Smith of Fulton Smith of Whitfield Stephens
FRIDAY, FEBRUARY 21, 1958
1415
Story
Summers Tamplin Tarpley Taylor Veal
Walker of Lowndes
Wells White Willingham Wilson Winkle
Wooten Wright of Floyd Yandle Young
Those voting in the negative were Messrs.:
Adams Alien Blalock of Clayton Chastain Cloud Echols Floyd Fordham Fowler of Treutlen Frazier Grimsley Gross of Stephens Hardaway Huddleston Hurst
Irvin Johnson Jones of Wayne Jones of Lumpkin Jones of Laurens Kennedy Key Lanier Lee Lokey Mann Mobley Moorman Murphy Musgrove
McCracken Palmer Perkins Phillips of Columbia Raulerson Ray Scoggin Sivell Souter Todd Twitty Underwood Watson Weems Wright of Dodge
On the passage of the Bill, the ayes were 106, nays 45.
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 980. By Mr. Overby of Hall:
A Bill to be entitled an Act to change the fees charged for criminal bonds; and for other purposes.
Governor Marvin Griffin appeared upon the floor of the House and briefly addressed the House as follows:
It is with pleasure and at the same time with considerable regret, that I make my last appearance at this final regular session of the General Assembly to be held in my administration.
The pleasure, of course, comes from the years of cordial association we have enjoyed during which we, working together, have carried out the most progressive era in Georgia's history.
It is certain that we can be proud of the enviable record we have established in all fields of endeavor prior to the present session of this body.
1416
JOURNAL OF THE HOUSE,
When the members of this body assembled on January 12th to hold its final session, we were at the peak of our advancement, progress and achievements and were looking forward toward the enactment of legislation which would have rounded out a definite record of progress never before exceeded by any legislative group at any time in the past.
It is with the deepest regret that I find, in this last hour of the session, that this body failed to enact many of the recommendations I made, all of which were designed to benefit the masses of the people of this state.
Standing here, face to face, I want to place the responsibility for this failure squarely upon the shoulders of those members of this General Assembly who did not see fit to endorse these programs.
No person in the great State of Georgia can deny the fact that I submitted these recommendations to this body, deeply imbued with the belief that the measures I proposed were of vital importance to our people at this crucial moment in our history.
Let me assure you that the recommendations I made to you were based solely on my conception of what was needed to sustain the progress we have made in the past and to provide for its acceleration in the future.
The coming months will reveal the story of the damage that will result from the failure of this General Assembly to carry out these recommendations.
To the patriotic and forward-minded members of this group who supported and worked for the passage of these recommendations, I have only a deep feeling of gratitude.
To those who fought these proposed measures and who succeeded in defeating some of the more important ones, let me say that I look upon this action more in sorrow than in anger. They are the ones who must go back home and try to explain to their people the reasons why they were not willing to support these programs of such vital im portance.
When politics become so bitterly partisan that the welfare of the people must be sacrificeed to momentary personal advantage, Georgia is in a sad, sad situation.
My record is clear.
It is written on the archives of this session. Father Time will show upon whose shoulders the failure to follow the recommendations will rest. The blame will not fall upon Marvin Griffin. The responsibility will fall upon those who failed the people at the time that help was needed most.
Let me say to each and every member of this honorable body that it has been a gratifying experience to serve with you for the last three years. And let me assure you that I want to be the friend of all of you in spite of differences which may have arisen at this session.
I bid you farewell and Godspeed. I bear no malice or ill-will against a single member.
FRIDAY, FEBRUARY 21, 1958
1417
Mr. Sheffield of Brooks County, Acting Chairman of the Committee on Rules, submitted the following report:
Mr. Sheffield:
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 recommendation:
HR 528. Do Pass.
Respectfully submitted,
Sheffield of Brooks,
Acting Chairman.
The following Resolution of the House was read the second time and adopted:
HR 528. By Messrs. Fellows and Roberts of Coffee, Raulerson of Echols, and Rutland of DeKalb:
A Resolution creating a Committee to study the pay schedule of State Officials and employees; and for other purposes.
Under the provisions of HR 528, the Speaker appointed as a committee on the part of the House, the following members:
Messrs. Fellows and Roberts of Coffee, Pickard of Muscogee, Killian of Glynn and Ingle of Gordon.
Mr. Bagby of Paulding arose to a Point of Personal Privilege and addressed the House.
Mr. Gowen of Glynn moved that the House request the Senate to return the following Bill of the Senate for the purpose of reconsidering its passing in the House:
SB 123. By Senator Brown of the 52nd:
A Bill to be entitled an Act to provide how tax returns shall be made and how digests shall be prepared in certain counties; and for other purposes.
Mr. Smith of Fulton arose to a Point of Personal Privilege and addressed the House.
The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has appointed a second Committee of Conference on the fol lowing Bill of the House:
1418
JOURNAL OF THE HOUSE,
HB 820. By Mr. McKenna of Bibb: A Bill to be entitled an Act to amend an Act establishing the State Employees' Retirement System; and for other purposes.
The President has appointed as a Committee of Conference on the part of the Senate:
Senators Oxford of the llth, Hill of the 54th and Langdale of the 6th:
The following Resolutions of the House was read and adopted: HR 530. By Mr. Gowen of Glynn:
A Resolution requesting the Senate to return SB 123 back to the House; and for other purposes.
The following Bill of the House was taken up for the purpose of considering the second Conference Committee report thereon:
HB 820. By Mr. McKenna of Bibb: A Bill to be entitled an Act to amend an Act establishing the State Employees' Retirement System; and for other purposes.
The following Conference Committee report was read:
Mr. President and Mr. Speaker:
We, the Committee of Conference on the part of the House on HB 820, submit the following report and recommend that it be adopted by both the House and the Senate:
1. That the House agree to the Senate amendment to HB 820.
Respectively submitted on the part of the House: /s/ Edgar Blalock Edgar Blalock of Clayton /s/ Fred C. Jones, Jr. Fred C. Jones, Jr., of Lumpkin /s/ Edgar H. Wilson Edgar H. Wilson of Bibb
Respectively submitted on the part of the Senate: /s/ Dixon Oxford Dixon Oxford of the llth District /s/ Wilton Hill Wilton Hill of the 45th District /s/ John W. Langdale John W. Langdale of the 6th District
Mr. Blalock of Clayton moved that the House adopt the second conference committee report.
On the motion to adopt, the roll call was ordered and the vote was as follows:
FRIDAY, FEBRUARY 21, 1958
1419
Those voting in the affirmative were Messrs.:
Alien
Bagby Ballard Barber Blalock of Coweta Blalock of Clayton Bodenhamer Brackin Bradley Broome W. Campbell of
Walker Carter Cocke Cowart Denmark Dorminy Duncan Ellis Fowler of Douglas Gowen Griffith Gross of Dade Hall of Floyd Hall of Lee Helms Hendrix Hodges of Ware Holcombe Huddleston Hurst
Ingle Irvin Jones of Worth Jones of Lumpkin Jones of Baker Kennedy Key Kidd Killian King Lancaster Land Lanier Lee Lott Love Mann Martin Matthews Morris Murphy Musgrove McCracken McGibony McKenna Neese Nichols Odom Overby Palmer Parker of Pike
Peters Phillips of Columbia Phillips of Walton Ray Reed Rogers of Heard Roughton Rowland Rutland Scoggin Sivell Smith of Forsyth Smith of Emanuel Smith of Lamar Smith of Whitfield Souter Stephens Tabb Tamplin Tarpley Twitty Veal Weems White Willingham Winkle Wooten Wright of Floyd Yandle
Those voting in the negative were Messrs.:
Adams Barrett Bolton Brennan Carlisle Cheek Coalson Crummey Echols Elder Eyler Fellows Floyd Gross of Stephens Gunter Harper
Hogan Jones of Wayne Jones of Laurens Jones of Crawford Kelley Lokey Long Miles Moss McWhorter Newton Orr Parker of Ware Payton Pelham Perkins
Pickett Roberts Rodgers of Chai'lton Ross Sheffield Story Summers Taylor Todd Underwood Watson Wells Wilson Young
On the motion to adopt, the ayes were 90, nays 46.
The Second Conference Committee Report was rejected.
1420
JOURNAL OF THE HOUSE,
Mr. Blalock moved that the Speaker appoint a third conference committee.
The motion was lost.
Mr. Murphy of Haralson gave notice that at the proper time he would move that the House reconsider its action in rejecting the second conference committee report of HB 820.
The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto:
HB 980. By Mr. Overby of Hall:
A Bill to be entitled an Act to change the fees charged for criminal bonds; and for other purposes.
The following Senate amendment was read:
Senator Kelley of the 10th moved to amend HB 980.
By striking from the second paragraph of Section 1 thereof the following:
"10 percent of the principal amount" and substituting in lieu thereof the following:
"10 per cent of the first $500.00 of the principal amount of said bonds and 5 per cent of the principal amount of said bonds over $500.00."
Mr. Hawkins of Screven moved that the House agree to the Senate amend ment.
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 Bagby Ballard Barber Barrett Birdsong Blalock of Coweta Blalock of Clayton Bodenhamer Boggs Bolton Brackin Brennan Brooks of Oglethorpe Broome Budd Busbee
A. Campbell of Walker
W. Campbell of Walker
Carlisle Carter Cheek Coalson Crummey Duncan Echols Elder Ellis Floyd Fordham Fowler of Douglas Fowler of Treutlen Frazier
Puqua Gowen Green of Rabun Greene of Bartow Griffith Gross of Stephens Gross of Dade Hall of Ployd Hardaway Harper Hawkins Helms Henderson Hill Hodges of Ware Hodges of Butts Hogan Holcombe
FRIDAY, FEBRUARY 21, 1958
1421
Hurst Ingle Irvin Jones of Wayne Jones of Worth Jones of Laurens Jones of Sumter Jones of Crawford Kelley Kennedy Kidd Killian Lam Lancaster Lanier Larkins Lee Lott Mann Martin Matthews Miles Miller of Twiggs Moorman Morris Moss
Murphy Musgrove McCracken McGibony McKenna McWhorter Neese Newton Nichols Odom Overby Palmer Parker of Pike Parker of Ware Payton Pelham Perkins Peters Phillips of Walton Pickett Ray Reed Rogers of Heard Ross Roughton Rowland
Rutland Scoggin Sheffield Smith of Emanuel Smith of Lamar Smith of Whitfield Stephens Story Tamplin Tarpley Taylor Todd Twitty Underwood Veal Walker of Lowndes Watson Weems Wells Willingham Wilson Winkle Wooten Wright of Dodge Yandle Young
On the motion to agree, the ayes were 130, nays 0.
The Senate amendment to HB 980 was agreed to.
The following resolutions of the House were read and adopted:
HR 531. By Messrs. Barber of Jackson, Baughman of Early, Wooten of Randolph and many others:
A RESOLUTION
Commending the State Board of Education, and the State Depart ment of Education with emphasis on the vocational division; and for other purposes.
WHEREAS, the State Board of Education has vast responsibilities for the training of Georgia's youth in an ever expanding population, and
WHEREAS, demands are broadening for emphasis in various fields of instruction to meet changing needs, and
WHEREAS, industrial demands are requiring increased numbers of trained personnel, and
WHEREAS, technological and scientific advances have trans formed agricultural and livestock pursuits into a more exacting indus try, and
WHEREAS, larger numbers of high school graduates can be
1422
JOURNAL OF THE HOUSE,
gainfully employed to assist in meeting the constantly increasing demands in the industrial, and agricultural, expansion of the State.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that recognition be given to the State Board of Education, and the State Department of Education for their constant efforts to properly provide public school instruction and training at a high and satisfactory level for the youth of our State, and
BE IT FURTHER RESOLVED, that the vocational division of the State Department of Education be given special commendation for its outstanding work in training Georgia's youth for citizenship and out standing leadership,
AND BE IT FURTHER RESOLVED, that special recognition be given to Miss Priscilla Jones, of Blakely, Early County, Georgia, a graduate of the Blakely-Union High School, a former president of the Georgia Chapters of the Future Homemakers of America, and the 1957 National Winner (competing with 350,000 others) of the AilAmerican Homemakers of Tomorrow award which, among other recog nition, provided a $5,000 college scholarship, and
BE IT FURTHER RESOLVED, that special recognition be given to Wesley Patrick, of Quitrnan, Brooks County, Georgia, a graduate of Quitman High School, a former State President of the Georgia Chapters of the Future Farmers of America, and the 1957 National Winner (competing with 400,000 others) of the Star Farmer of America Award, which among other recognitions, provided a $1,000 award and a Rancho type pick up truck, and
BE IT FURTHER RESOLVED, THAT the State Board of Edu cation and Local School continue their efforts in developing a strong and vigorous program of vocational training for the youth of Georgia with emphasis on agriculture, homemaking, trade and industrial train ing, distributive and vocational business training--with the idea of expanding high school vocational programs and further development of area trade schools, and
BE IT RESOLVED, that a copy of this Resolution be sent to each member of the State Board of Education and to the State Superin tendent of Schools.
HR 532. By Messrs. A. Campbell and W. Campbell of Walker:
A RESOLUTION
To Commend in the highest the actions, fortitude and perseverance of the Distinguished Gentleman from Camden the Honorable John D. Odom.
WHEREAS, during this session of the General Assembly the dis tinguished Gentleman from Camden showed exceptional fortitude, foresight and common sense in his actions at this the 1958 Session of the General Assembly; and
WHEREAS, the members of the House of Representatives wish to express their thanks to this outspoken, bold and courageous Repre sentative ; and
WHEREAS, they wish him good fortune and essence of success
FRIDAY, FEBRUARY 21, 1958
1423
in the forth coming year and hope that they will have the pleasure of serving with him in the future.
NOW THEREFORE BE IT RESOLVED by the House of Repre sentatives that their sentiments be conveyed to the Honorable John D. Odom and a copy of this Resolution be transmitted to him and to the Commissioner of Roads and Revenue of Camden County, Georgia.
HR 533. By Messrs. Floyd of Chattooga, Bagby of Paulding and Lanier of Candler:
A Resolution urging every member of the House to cooperate with the LOYALTY DAY project, sponsored by the Veterans of Foreign Wars to combat Communism in this Country; and for other purposes.
HR 534. By Messrs. Duncan of Carroll and Fowler of Douglas:
A RESOLUTION
Thanking the Fox, Paramount and Lowe's Grand Theaters for their kindness to the members of the General Assembly; and for other purposes.
WHEREAS, the members of the General Assembly have been the recipients of many kindnesses shown by the management of the Fox, Paramount, and Loew's Grand Theaters; and
WHEREAS, the members have received passes for themselves, families and friends to attend the many fine movies being shown at such theaters; and
WHEREAS, these many kindnesses have made this Session of the General Assembly more pleasant;
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the management of the Fox, Paramount and Loew's Grand Theaters are hereby extended the sincere apprecia tion of this body for the many kindnesses shown the members and are commended for the excellent movies being shown at such theaters.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a copy of this resolution to the man agement of each of the aforesaid theaters.
HR 535. By Messrs. Souter of Macon, Brooks of Oglethorpe, Cocke of Terrell, Griffith and Kidd of Baldwin, and Chastain of Thomas:
A RESOLUTION
Relative to the Milledgeville State Hospital; and for other pur poses.
WHEREAS, this body desires to ascertain the methods that other states have employed in improving the facilities at institutions for the care of mentally ill persons; and
WHEREAS, it is felt that this study can best be made by members of this body visiting other states and inspecting facilities thereof;
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that a committee of six (6) members, to be
1424
JOURNAL OF THE HOUSE,
appointed by the Speaker, is hereby created to visit institutions similar to the Milledgeville State Hospital in other states to ascertain and determine improvements that can be made in the facilities and treat ment available at the Milledgeville State Hospital for treatment and care of mentally ill persons. Said committee shall make a report of its findings and recommendations on or before January 1, 1959, and shall stand abolished upon making its final report. Members of the committee shall not be authorized to be compensated for more than fifteen (15) days' service on the business of the committee.
HR 536. By Messrs. Parker and Hodges of Ware, Helms of Atkinson, Hardaway of Meriwether, Rogers of Heard, Larkin of Brantley, Parker of Appling, Raulerson of Echols and Musgrove of Clinch:
A RESOLUTION
Expressing sympathy to the Honorable W. H. (Bill) Kimmons; and for other purposes.
WHEREAS, the Honorable W. H. (Bill) Kimmons, Representative of Pierce County has been ill and unable to attend the meetings of this House during the past week, and
WHEREAS, Mr. Kimmons has faithfully served the State of Georgia and the County of Pierce, and
WHEREAS, this Body deeply regrets the absence of Mr. Kimmons during this final week of the 1958 Session.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body does express the deepest sym pathy to the Honorable W. H. (Bill) Kimmons, Representative of Pierce County, and does extend its best wishes and hopes for a speedy recovery.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives furnish a suitable copy of this Resolution to the Honorable W. H. (Bill) Kimmons.
HR 537. By Messrs. Murr of Sumter, Fordham and Alien of Bulloch, Walker and Budd of Lowndes, Kidd and Griffith of Baldwin, Brooks, Mc Clelland and Smith of Fulton and Jones of Sumter:
A RESOLUTION
Commending the Board of Regents of the University System of Georgia, the Chancellor of the University System of Georgia and his staff; and for other purposes.
WHEREAS, the Board of Regents of the University System of Georgia is responsible for the organization and operation of the six teen state-supported institutions of higher learning, and
WHEREAS, for the past several years the major objective of the Board of Regents and the Chancellor has been one of perfecting the educational opportunities afforded the citizens of the State of Georgia, and
WHEREAS, the Board of Regents through the institutions of the University System has made tremendous contributions to the develop-
FRIDAY, FEBRUARY 21, 1958
1425
ment of the State of Georgia in agriculture, industry, medicine, and other fields, and
WHEREAS, the institutions of the University System have de partments in certain fields which are among the most outstanding departments in the entire South and the Nation, and
WHEREAS, the Board of Regents has been able to make this tremendous progress in the development of educational opportunities with funds in an amount far below those available for education in most of the other southern states, and
WHEREAS, many pressures and demands are constantly being made on the institutions of the University System for expanded serv ices and facilities, and
WHEREAS, it is the plan of the Board of Regents to continue to strive for the highest educational standards and to make the institu tions of the University System comparable to the best in the United States, and
WHEREAS, the outlook for the next few years is for increased demands on the Board of Regents due to the increasing influx of students and greater need for expanded services.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that an expression of appreciation and com mendation be conveyed to the Board of Regents of the University System of Georgia and the Chancellor of the University System of Georgia and his staff for the outstanding work being done by the University System of Georgia for the State of Georgia. It is the concensus of the House of Representatives that adequate financial support be made available to the Board of Regents to enable the Board to continue the further development and expansion of the existing units of the University System to meet the increasing demands being made by the citizens of this State.
BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to each member of the Board of Regents of the Uni versity System of Georgia, and to the Chancellor of the University System of Georgia.
HR 538. By Messrs. Murr of Sumter, Twitty of Mitchell and Smith of Emanuel:
A RESOLUTION
Creating a committee without compensation to investigate the author, authors, person or persons responsible for the printing and distribution to the members of this House of an unidentified hand bill designed to mislead the members of the General Assembly and the people of Georgia.
WHEREAS, it has come to the attention of the members of the House of Representatives that a printed hand bill was mailed to the members of the House proporting to mislead, disturb and confuse the members of the House and people of Georgia; and
WHEREAS, this printed matter is calculated and designed as an attack on the personal integrity of the members of the House and the sovereignty of the House; and
1426
JOURNAL OP THE HOUSE,
WHEREAS, the author, authors, person or persons have refused to identify themselves and have distributed an unidentified document for the purposes herein stipulated.
NOW, THEREFORE, BE IT RESOLVED by the House of Repre sentatives that a committee composed of three members of the House shall be appointed by the Speaker to investigate the reasons for the publication's discriminatory and misleading charges. Such committee shall serve without compensation and shall have such power and au thority as provided by law to fully investigate and ascertain the source of this document or publication and those responsible for its printing and distribution. Every official and employee of the state shall co operate with the committee and the committee shall have access to all records of state departments, if same is necessary, for the purpose of this investigation. The committee shall make a report of its findings as soon as practical. No funds shall be authorized or extended for the purposes of this resolution. The committee shall meet as soon as pos sible after adjournment of this session, on a day to be agreed upon by a majority of the members for the purposes of organizing and elect ing a chairman and such other purposes as the committee deems neces sary and authorized.
The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
I am directed by the Senate to return to the House the following Bill of the Senate as requested by the House:
SB 123. By Senator Brown of the 52nd:
A Bill to be entitled an Act to provide how tax returns shall be made and how digests shall be prepared in certain counties; 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 790. By Messrs. Rowland of Johnson, McGibony of Greene and others:
A Bill to be entitled an Act to amend an Act establishing the State Employees' Retirement System, to authorize the tax commissioners, tax collectors, tax receivers etc. to become members; and for other purposes.
The following Resolution of the House was taken up for the purpose of con sidering the Senate amendment thereto:
HR 513. By Messrs. Wilson, Carlisle and McKenna of Bibb and others:
A Resolution relative to the acquisition of certain Wesleyan Conserva tory property; and for other purposes.
FRIDAY, FEBRUARY 21, 1958
1427
The following Senate amendment was read:
Senator Bentley of the 39th moves to amend HR 513 by striking from the last paragraph thereof the words and figures "three (3)", "two (2)" and "five (5)" and substituting respectively, therefor the words and figures, towit: "Five (5)", "three (3)", and "Ten (10)".
Mr. Carlisle of Bibb moved that the House agree to the Senate amend ment.
On the motion to agree, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.
Alien Bagby Ballard Barber Barrett Black Blalock of Coweta Blalock of Clayton Bodenhamer Brackin Bradley Brennan Brooks of Oglethorpe Broome Busbee Cagle A. Campbell of
Walker W. Campbell of
Walker Carlisle Carr Carswell Cheek Coalson Cocke Cowart Crummey Dorminy Duncan Echols Elder Ellis Floyd Fowler of Douglas Fowler of Treutlen Frazier Gowen Griffith Gross of Stephens Hall of Floyd Hall of Lee Hardaway
Harper Harrison Helms Hill Hodges of Butts Hogan Holcombe Holloway Hurst Ingle Irvin Jones of Wayne Jones of Lumpkin Jones of Laurens Jones of Crawford Kelley Kennedy Key Kidd Killian King Lam Lancaster Land Lanier Larkins Lee Lokey Love Martin Matthews Miles Miller of Twiggs Morris Moss Murphy Murr Musgrove McCracken McGibony McKenna Neese Newton
Nichols Odom Orr Palmer Parker of Pike Parker of Ware Pelham Peters Phillips of Columbia Phillips of Walton Pickard Pickett Reed Rodgers of Charlton Rogers of Heard Ross Roughton Rutland Scoggin Sivell Smith of Emanuel Smith of Whitfield Souter Stephens Story Summers Tamplin Tarpley Taylor Todd Twitty Underwood Veal Watson Wells Willingham Wilson Winkle Wooten Wright of Floyd Wright of Dodge Yandle Young
1428
JOURNAL OF THE HOUSE,
On the motion to agree, the ayes were 127, nays 0.
The Senate amendment to HR 513 was agreed to.
Mr. Gowen of Glynn moved that the House reconsider its action in passing the following Bill of the Senate:
SB 123. By Senator Brown of the 52nd:
A Bill to be entitled an Act to provide how tax returns shall be made and how tax digest shall be prepared in certain counties; and for other purposes.
The motion prevailed, and the House reconsidered its action in passing SB 123.
Mr. Gowen of Glynn moved that further consideration of SB 123 be indefi nitely postponed, and the motion prevailed.
The Bill was indefinitely postponed.
The following Bill of the House was taken up for the purpose of considering the Conference Committee report thereon:
HB 790. By Messrs. Rowland of Johnson, McGibony of Greene and others:
A Bill to be entitled an Act to amend an Act establishing the State Employees' Retirement System; and for other purposes.
The following Conference Committee report was read:
Your Conference Committee on HB 790 has met and beg to report as follows:
Your Conference Committee recommends that sub-paragraph 1 of Section 1 be stricken in its entirety and a new sub-section 1 of Section 1 be inserted to read as follows:
"(1) All individuals that were such officials and employees on or after December 1, 1956, are hereby authorized to become and be members of Division "A" of the Employees' Retirement System of Georgia, be established by and in accordance with the provisions of the Act approved February 3, 1949 (Ga. Laws, 1949, p. 138) as amended."
and to strike sub-section 4 of Section 1 in its entirety and to substitute in lieu thereof the following:
"(4) All tax commissioners, tax collectors, tax receivers, and em ployees in such offices who were in service on or after December 1, 1956, shall be entitled to all prior service credits authorized under the terms of the Employees' Retirement System Act, as amended, in the same manner as if they had been a member of the Retirement System on such date. Prior service credits to an individual as an official or an employee as referred to herein shall only be creditable to those individuals who become members of the System under the provisions
FRIDAY, FEBRUARY 21, 1958
1429
of this amendment at the time of the original coverage for such group. Provided, however, the value of the prior service credits of an indi vidual included under this provision shall not be in excess of the value of twenty-five (25) years prior service."
And to strike sub-section 5 of Section 1 in its entirety and sub stitute in lieu thereof a new Section 5 to read as follows:
"(5) A Merit System of employment as provided herein must be established in the office of a Tax Commissioner, Tax Collector or Tax Receiver on or before August 1, 1958, or else no coverage shall ever be extended to any such office. All offices establishing such a system shall be covered at the same time which date shall be determined by the provisions of the Employees' Retirement System Act. No coverage shall ever be extended to any official or employee designated herein who, on the effective date of this Act or hereafter, is covered under the provisions of any other retirement, benefit, or similar system excluding Social Security Coverage."
And by adding a new section to be known as Section 2 and to read as follows:
"The effective date of this Act shall be August 1, 1958," and by renumbering the present Section 2 as Section 3.
E. L. Rowland Marvin L. Summers J. Roy McCracken
House Members George L. Jackson Asa D. Kelley Carl E. Sanders
Mr. Rowland of Johnson moved that the House adopt the Conference Com mittee report.
On the motion to adopt, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Ballard Barber Barrett Black Blalock of Coweta Blalock of Clayton Bodenhamer
Bradley Brennan Brooks of Oglethorpe Broome Busbee Cagle Caldwell Carlisle
Carter Chastain Coalson Cocke Denmark Dorminy Echols Elder Ellis Eyler Fellows Floyd Fordham Fowler of Treutlen Frazier Gowen Green of Rabun
Greene of Bartow Griffith Gross of Stephens Gross of Dade Hall of Floyd Hall of Lee Hard away Harper Helms Hendrix Holcombe Holloway Hurst Ingle Irvin Jones of Wayne Jones of Lumpkin
1430
JOURNAL OF THE HOUSE.
Jones of Crawford Kelley Key Kidd Killian Lam Lancaster Land Lanier Larking Lee Lokey Long Love Mann Martin Matthews Miles Moorman Morris Moss Murphy Musgrove
McKenna Neese Nichols Odom Parker of Pike Parker of Appling Payton Pelham Perkins Perry Peters Phillips of Columbia Phillips of Walton Pickett Ray Reed Rogers of Heard Ross Roughton Rowland Scoggin Singer Smith of Emanuel
Smith of Lamar Smith of Whitfield Souter Stephens Story Summers Tamplin Tarpley Taylor
Todd Twitty Underwood Watson Weems Wells Willingham Wilson Winkle Wooten Wright of Floyd Yandle Young
On the motion to adopt, the ayes were 119, nays 0.
The Conference Committee report of HB 790 was adopted.
Under the order of business established by the committee on Rules, the following Bill of the Senate was taken up for consideration and read the third time:
SB 203. By Senator Hawes of the 30th: A Bill to be entitled an Act to provide for the treatment of mentally ill persons, both voluntarily and involuntarily; and for other purposes.
Mr. Raulerson of Echols moved that SB 203 be postponed indefinitely.
On the motion to indefinitely postpone, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Ballard Black Blalock of Clayton Bodenhamer Bradley Brooks of Oglethorpe Carr Carter
Crummey Denmark
Fellows Greene of Bartow Hall of Floyd Hendrix Hill Hogan Jones of Worth Jones of Lumpkin Jones of Baker Jones of Laurens Jones of Sumter
Lancaster Land Lanier Larkins Mann Matthews Miles Miller of Twiggs Miller of Elbert Moorman Murphy
FRIDAY, FEBRUARY 21, 1958
1431
Murr McWhorter Newton Orr Parker of Pike Parker of Ware Parker of Appling
Pelham Raulerson Ray Roberts Singer Summers Tabb
Taylor Underwood White Willis Wright of Floyd
Those voting in the negative were Messrs.:
Alien Barber Barrett Baughman Birdsong Blalock of Coweta Brooks of Fulton Broome Busbee Cagle Carswell Cheatham Cheek Coalson Cowart Duncan Ellis Eyler Fordham Fowler of Treutlen Frazier Fuqua Gowen Green of Rabun Griffith Gross of Stephens Hall of Lee Harper
Hawkins Helms Henderson Holcombe Holloway Hurst Ingle Irvin Jones of Wayne Jones of Crawford Kelley Kidd Killian Lam Lokey Love Martin Morris Musgrove McClelland McCracken McKenna Neese Nichols Nilan Odom Palmer Payton
Perkins Peters Phillips of Columbia Phillips of Walton Pickard Pickett Reed Rogers of Heard Ross Roughton Scoggin Sivell Smith of Emanuel Smith of Whitfield Stephens Story Tarpley Twitty Veal Watson Weems Willingham Wilson Winkle Wright of Dodge Yandle Young
On the motion to indefinitely postponed, the ayes were 52, nays 83.
The motion was lost.
The following amendments were read and adopted:
Mr. Palmer of Mitchell moves to amend SB 203 by striking from Sub-section (a) of Section 6 of said Bill, the words "In which the individual is present" and inserting in lieu thereof the following: "Of the legal residence of the alleged patient."
Mr. Carlisle of Bibb moves to amend SB 203 as follows:
1. Amends Section 1, paragraph 11 by striking therefrom the words "the government of the United States, or any agency or instru mentality thereof" and by substituting in lieu thereof, "the United States Veterans Administration".
1432
JOURNAL OF THE HOUSE,
2. Amends Section 6, paragraph (b) by striking therefrom the words, "If, however, the Court has reason to believe that notice would be likely to be injurious to the alleged patient, notice to him may be omitted".
3. Amends Section 6 (f) by deleting from the next to last sentence, the words "not" so that said section as amended shall read as follows: "The Court shall receive all relevent and material evidence which may be offered and shall be bound by the strict rules of evidence".
4. Amends Section 6 by deleting therefrom the entire paragraph numbered "(i)".
5. Amends Section 7 by deleting from paragraph (a) the words, "any agency of the United States" wherever they occur and by sub stituting in lieu thereof, in each instance, the words, "United States Veterans Hospital".
Mr. Dallas Veal of Putnam moves to amend SB 203, as follows:
By striking from subsection (2) of Section 1 the word "epilepsy"; by striking from subsection (k) of Section 6 the words "upon paying all costs and giving bond and security for all future costs and dam ages"; by add : ng at the end of subsection (a) of Section 8 the words "Provided, however, in no event shall a patient be sent beyond the borders of the State of Georgia without his consent".
Veal of Putnam moves to amend SB 203 by striking Paragraphs 3 and 4 from Section 1 and inserting in lieu thereof the following:
"3. 'Division' or 'Director' shall mean the Director of the Depart ment of Public Welfare or an employee designated and appointed a deputy agent or representative of the Department of Public Welfare" and by re-numbering Paragraphs 5, 6, 7, 8, 9, 10, 11 and 12 accord ingly."
Veal of Putnam moves to amend SB 203 as follows:
By striking from Subsection (6) of Section 1, the words "or any person who appears to be mentally ill,"
By striking from Subsection (a) of Section 6, the words "or a written statement by the applicant that the alleged patient has refused to submit to the examination by a licensed physician".
By striking from Section 6 Subsection (g) Subparagraph (2) the word "or" and by striking subparagraph (3) of said Section and Sub section in its entirety.
By striking from Section 17 Subsection (a) Subparagraph (2), the word "and" and by striking subparagraph (3) of said Section and Subsection in its entirety.
Amendments offered by Mr. Bodenhamer of Tift were read and lost.
The previous question was ordered.
The main question was ordered.
FRIDAY, FEBRUARY 21, 1958
1433
The report of 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 Barber Barrett Baughman Birdsong Bolton Brackin Bradley Brennan Brooks of Oglethorpe Brooks of Fulton Broome Busbee Cagle W. Campbell of
Walker Carr Carswell Carter Chastain Cheatham Cheek Coalson Cocke Cowart Duncan Elder Ellis Eyler Floyd Fordham Fowler of Treutlen Fuqua Gowen Green of Rabun Griffith Gross of Dade Hall of Floyd Harper
Hawkins Helms Henderson Hill Hodges of Ware Hodges of Butts Hogan Holcombe Holloway Huddleston Hurst Ingle Irvin Jones of Wayne Jones of Lumpkin Jones of Baker Jones of Laurens Kelley Kidd Killian Lanier Larkins Lee Lokey Love Mann Martin Matthews Miles Moorman Morris Moss Musgrove McClelland McKenna Neese Newton Nichols Nilan Odom
Orr
Overby
Palmer
Parker of Ware
Parker of Appling
Payton
Pelham
Perkins
Perry
Peters
Phillips of Columbia
Phillips of Walton
Pickard
Pickett
Raulerson
Ray
Reed
Rodgers of Charlton
Rogers of Heard
Roughton
Russell
Scoggin
Smith of Emanuel
Smith of Fulton
Smith of Whitfield
Souter
Stephens
Story
Tarpley
Twitty
Veal
Watson
Weems
White
Willingham
Willis
Wilson
Winkle
Yandle
Young
;
Those voting in the negative were Messrs.:
Bagby Blalock of Clayton Bodenhamer Carlisle
Crummey Jones of Worth Lott Murphy
Ross Rutland Summers Wright of Floyd
On the passage of the Bill, as amended, the ayes were 120, nays 12.
1434
JOURNAL OF THE HOUSE,
The Bill, having received the requisite constitutional majority, was passed, as amended.
The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has adopted by the requisite constitutional majority the follow ing Resolution of the Senate to wit:
SR 172. By Senators Kelley of the 10th, Kelly of the 28th and Roper of the 41st:
A Resolution to create a joint committee of inquiry into the maintenance of hospital facilities and other veterans and related facilities; and for other purposes.
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 329. By Messrs. Murphy of Haralson, and Hawkins of Screven:
A Resolution to create a joint committee to investigate legislation prohibiting barratry, etc.; to provide legal assistance for said com: mittee: and for other purposes.
The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has adopted the report of a Committee of Conference on the following Bill of the House:
HB 844. By Messrs. Reed and Willingham of Cobb and others:
A Bill to be entitled an Act to provide for a State Tort Claims Act; and for other purposes.
The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has receded from its position in amending the following Bills of the House:
HB 823. By Mr. Caldwell of Upson:
A Bill to be entitled an Act to provide for maintenance of standards of sanitation for food service establishments; and for other purposes.
FRIDAY, FEBRUARY 21, 1958
1435
HB 1062. By Messrs. M. Smith, McClelland and Brooks of Fulton:
A Bill to be entitled an Act to amend an Act establishing a new charter for City of Atlanta relating to bids; and for other purposes.
The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has adopted by the requisite constitutional majority the follow ing Resolution of the House to wit:
HR 514. By Mr. Gross of Stephens:
A Resolution extending appreciation for service of Order of DeMolay, and proclaiming week of August 8, 9, 10, 1958 to be "DeMolay Week", and a committee be appointed to represent General Assembly at annual Conclave.
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 990. By Messrs. Carlisle and McKenna of Bibb:
A Bill to be entitled an Act to amend an Act pertaining to answers to writs of garnishment etc., so as to provide for service of answers upon plaintiff; and for other purposes.
The following Resolutions of the House and Senate were read and adopted:
SR 161. By Senator Sanders of the 18th:
A Resolution proposing Congressional vigilance to insure compliance with Constitutional amendments and public laws affecting the struc ture, status and mission of the National Guard; and for other purposes.
HR 539. By Mr. Willingham of Cobb:
A RESOLUTION
WHEREAS, "the boondocks and branch heads" have been the battle cry of this 124th Session of the General Assembly of Georgia, and have for such session been immortalized as thoroughly as though Alfred Lord Tennyson had set their virtues to poetry in an epoch such as the "Charge of the Light Brigade."
WHEREAS, the Honorable John Sheffield, the gentleman from Brooks, has always boasted of his noble log cabin birth, and has on many occasions asserted that he was born in the same log cabin made famous by the campaign buttons of Senator Karr of Oklahoma at the National Democratic Convention in Chicago during the summer of 1952; but
1436
JOURNAL OF THE HOUSE,
WHEREAS, in the past two years under the able tutorage of Honorable Wilson Brooks, a distinguished member of the otherwise distinguished Atlanta-Fulton County delegation, the Gentleman from Brooks has developed into a "city slicker" living inside all the time and becoming adept in the use of indoor plumbing, utilizing the services of barber shops from time to time, wearing blue serge suits purchased from the house of brand names that charges for same, Muses, Inc., etc.; and
WHEREAS, the only time this session that the distinguished gen tleman from Brooks has raised his able voice in defense of the boys from "the branch heads and boondocks" was when two distinguished members, namely Messrs. Rutland and Mackay of the DeKalb delega tion along with other big city boys unveiled their nefarious scheme to sabotage the county unit system and dilute the voters of Brooks County; and
WHEREAS, the gentleman from Brooks in his new role as a slick city slicker did this week by the sheer weight of his great personality induce the House to pass a measure authorizing corrupt politicians, greedy voting machine companies, and the NAACP to impose the iniquitous tyranny of machine voting on the unsuspecting and trustingpopulace of that great segment of our contemporary society residing in the boon docks and branch heads of our State.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY of this great and sovereign State, and it is hereby re solved by authority of same:
1. That this General Assembly designate the Honorable John Shef field of the County of Brooks as its ambassador at large and emissary to the branch heads and boon docks entrusted with the duty of going out into Podunk and Possum Trot, Deep Step and Goat Town, the Okefenokee Swamp, the vast area of the great and progressive County of Cobb, the wire grass country, and all areas that embrace the boon docks and branch heads of this State, and get re-acquainted with the boys he finds residing in same, and explain to them en mass as why he induced the General Assembly of this State to authorize corrupt politicians, greedy voting machine companies, and the NAACP to impose the inequitous tyranny of machine voting on them and their families and friends.
2. That during his aforesaid directed travels in the branch heads and boon dock areas that he be directed and commissioned to select the most typical inhabitant thereof and bring him to the sculptor of the Stone Mountain Memorial where upon said sculptor shall strike the likeness of the typical boon dock and branch head boy so selected in Stone Mountain granite to be placed in the Hall of Fame in the State Capitol as a memorial in eternity to the boys of the branch heads and boon docks and this one hundred and twenty four session of the General Assembly of this State making them famous and immortal.
3. That for the benefit of the representatives of the lying news papers and others if any, present that this resolution was not intro duced or adopted for the purpose of levity, but as a part of the serious and important business of this one hundred twenty fourth (124th) session of the General Assembly of this State.
4. That the Clerk be and is hereby authorized to send a certified
FRIDAY, FEBRUARY 21, 1958
1437
copy of the written resolution to all newspapers printed or circulated in or near Brooks County including Greenville and Madison, Florida and the local Brooks County chapter of the NAACP.
By unanimous consent, the Clerk was directed to change "or" to "for" on Line 4, page 2 of HB 1004.
The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto:
HB 990. By Messrs. Carlisle and McKenna of Bibb:
A Bill to be entitled an Act to amend an Act pertaining to answers to writs of garnishment; and for other purposes.
The following Senate amendment was read:
The Committee of the Senate on Judiciary moves to amend HB 990 by adding at the end of Section 1 the following: "Provided further, however, no service shall be required unless the name and address of the plaintiff or his attorney shall correctly appear on the face of the summons of garnishment."
Mr. Carlisle 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 Bagby Barber Barrett Baughman Black Blalock of Coweta Blalock of Clayton Bolton Bradley Brennan Brooks of Oglethorpe Brooks of Fulton Broome
Busbee Cagle A. Campbell of
Walker W. Campbell of
Walker Carlisle Carr Carswell Carter
Cheek Cloud Coalson Cocke Crummey Dorminy Elder Ellis Eyler Floyd Fowler of Douglas Fowler of Treutlen Fuqua Gowen Greene of Bartow Griffith Gross of Dade Hardaway Harper Helms Henderson Hodges of Ware Hodges of Butts Hogan Holcombe
Ingle Irvin Jones of Wayne Jones of Lumpkin Jones of Laurens Kelley Kidd Kill-'an
Land Lanier Lee Lokey Lott Love Mann Martin Matthews Miles Miller of Elbert Moorman Moss Murphy Murr McClelland McCracken
1438
JOURNAL OP THE HOUSE,
M'cKenna Newton Nichols Nilan Odom Orr Palmer Parker of Ware Parker of Appling Payton Perkins
Perry Peters Pettey
Phillips of Columbia Pickett Ray Reed Rodgers of Charlton Rogers of Heard Ross Rowland Russell Sheffield Smith of Emanuel Smith of Fulton Souter Stephens
On the motion to agree, the ayes were 124, nays 0.
The Senate amendment to HB 990 was agreed to.
Story Summers Tarpley Taylor Twitty Veal Watson Weems Willingham Wilson Wooten Wright of Floyd Yandle
Tlie following Bill of the House was taken up for the purpose of consider ing the Senate's insistence on its position in amending the same:
1055. By Messrs. Moate of Hancock, Hawkins of Screven, and Jessup of Bleckley:
A Bill to be entitled an Act to provide for election of President of the
.
United States; and for other purposes.
Mr. Hawkins of Screven moved that the House recede from its position in disagreeing to the Senate amendment to HB 1055 and agree to same.
On the motion to recede and agree, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Alien Bagby Ballard Barber Barrett Baughman Black Blalock of Clayton Boggs Bolton Brackin Bradley Brennan Brooks of Oglethorpe
Broome Busbee Caldwell A. Campbell of
Walker
W. Campbell of Walker
Carlisle Carr Carswell Carter Cheatham Cheek Coalson Cocke Crummey Denmark Dorminy Echols Elder Ellis Fordham Fowler of Douglas Fowler of Treutlen
Frazier Fuqua Gowen Green of Rabun Greene of Bartow Griffith Hardaway Harper
Helms Henderson Hendrix Hodges of Ware Hodges of Butts Hogan Holcombe Holloway Huddleston Hurst Ingle
FRIDAY, FEBRUARY 21, 1958
1439
Irvin Jessup Jones of Wayne Jones of Laurens Jones of Crawford
Kelley Kidd King Lam Land Lanier
Lee Lokey Lott Mann Martin Matthews Miles Miller of Twiggs Miller of Elbert Morris Moss Murphy Musgrove
McCracken McKenna McWhorter Neese Newton Nichols Nilan Orr Overby Palmer Parker of Ware Parker of Appling Payton Perkins Perry Peters Phillips of Columbia Phillips of Walton Pickett Raulerson Reed Rogers of Heard Ross Rowland
Scoggin Sheffield Singer Sivell Smith of Emanuel Smith of Whitfield Souter Stephens Story Summers Tamplin Tarpley Todd Twitty Veal Watson Wells White Willingham Wilson Wooten Wright of Floyd Wright of Dodge Yandle
On the motion to recede and agree, the ayes were 127, nays 0.
The House receded from its position in disagreeing to the Senate amend ment to HB 1055 and agreed to same.
The following Resolution of the House was taken up for the purpose of considering the Senate amendment thereto:
HR 329-785d. By Messrs. Murphy of Haralson and Hawkins of Screven:
A Resolution to create a joint interim committee of the House and Senate to study the need for legislation further defining barratry; and for other purposes.
The following Senate amendment was read:
The Committee of the Senate on Judiciary moves to amend HR 329 by adding at the end of Section 6 the following: "Provided, how ever, the Committee and its employees shall complete their work in 20 days, and if such time authorization is insufficient to complete its work, an additional ten days may be authorized in writing by the Presi dent of the Senate and the Speaker of the House."
Mr. Murphy of Haralson moved that the House agree to the Senate amend ment.
On the motion to agree, the roll call was ordered and the vote was as follows:
1440
JOURNAL OP THE HOUSE,
Those voting in the affirmative were Messrs.:
Adams Bagby Ballard Barrett Birdsong Black Blalock of Clayton Bolton Braekin Bradley Brennan Brooks of Oglethorpe Broome Busbee Cagle Caldwell A. Campbell of
Walker W. Campbell of
Walker Carlisle Carr Carter Cheatham Cheek Coalson Cocke Denmark Echols Elder Ellis Floyd Fowler of Douglas Fowler of Treutlen Gowen Greene of Bartow Griffith Hall of Floyd
Hardaway Harper Harrison Henderson Hendrix Hodges of Butts Hogan Holcombe Holley Holloway Ingle Irvin Jones of Lumpkin Jones of Baker Jones of Laurens Jones of Crawford Kelley Kidd Killian Land Lanier Lee Lott Mann Matthews Miller of Elbert Moss Mull Murphy Musgrove MeCracken McKenna McWhorter Neese Newton Nichols Nilan Orr
Overby Palmer Parker of Appling Payton Peters Phillips of Columbia Phillips of Walton Pickett Raulerson Ray
Reed Rogers of Heard
Ross Rowland Scoggin Sheffield Singer Smith of Emanuel Smith of Whitfield
Souter Stephens Story Summers Tamplin Tarpley Todd Veal Watson Wells White Willingham Wilson Winkle Wooten Wright of Floyd Wright of Dodge
Voting in the negative was Mr. Parker of Ware.
On the motion to agree, the ayes were 110, nays 1.
The Senate amendment to HR 329 was agreed to.
The following Resolution of the House was read and adopted:
HR 540. By Mr. Murphy of Haralson:
A Resolution expressing confidence in the Fulton Delegation; and for other purposes.
Under the order of business established by the Committee on Rules, the following Bill of the Senate was taken up for consideration and read the
third time:
FRIDAY, FEBRUARY 21, 1958
1441
SB 205. By Senator Hawes of the 30th:
A Bill to be entitled an Act to create an administrative division of mental health within the 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 roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Ballard Barber Barrett Baughman Black Boggs Brackin Bradley Brennan Brooks of Oglethorpe Broome Budd Busbee Cagle Caldwell Carswell Carter Chastain Cheatham Coalson Denmark Echols Elder Ellis Fowler of Treutlen Fuqua Gowen Green of Rabun Greene of Bartow Griffith Hardway Harper Hawkins Henderson Hendrix Hodges of Ware
Hodges of Butts Hogan Holcombe Holloway Huddleston Hurst Ingle Irvin Jones of Wayne Jones of Baker Jones of Laurens Jones of Crawford
Kelley Kidd Killian King Land Lanier Larkins Love Mann Martin Mathews Miles Miller of Elbert Moss Murphy Musgrove McCracken McKenna Newton Nichols Nilan Orr Parker of Ware Parker of Appling
Payton Perkins Peters Pettey Phillips of Columbia Phillips of Walton Pickett Ramsey Raulerson
Reed Rogers of Heard
Ross Rowland Scoggin Sheffield Singer Sivell Smith of Forsyth Smith of Whitfield
Stephens Story Tabb Tamplin Tarpley Twitty Veal Walker of Lowndes
Watson Wells White Willingham Willis Wilson Winkle Wright of Dodge
Those voting in the negative were Messrs.: Bodenhamer and Lott.
On the passage of the Bill, the ayes were 107, nays 2. The Bill, having received the requisite constitutional majority, was passed.
1442
JOURNAL OF THE HOUSE,
The following Resolutions of the House and Senate were read and adopted:
HR 541. By Mr. Love of Catoosa:
A RESOLUTION
Authorizing a committee to be appointed to investigate the Western and Atlantic Railroad property; and for other purposes.
WHEREAS, it is desirable that the General Assembly be kept informed as to the condition and value of the property of the State of Georgia, and
WHEREAS, this is particularly true of the Western and Atlantic Railroad property because of its great value.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF THE STATE OF GEORGIA that a com mittee composed of three (3) members of the House shall be appointed by the Speaker to investigate the Western and Atlantic Railroad and property. Said committee shall have the power and authority to hold hearings, to issue subpoenas and any and all other powers necessary to carry out the purposes and provisions of this Resolution. Every official and employee of the State shall cooperate with the committee, and the committee shall have access to all records of all State departments and to the records of the leaseholder of the Western & Atlantic Rail road property, for the purposes of this investigation. The committee shall adopt its own rules and procedure. The committee shall make a report of its findings and recommendations to the Governor and the General Assembly and the public at least one (1) month prior to the convening of the regular 1959 Session of the General Assembly. The committee is authorized to employ clerical assistants to assist it in its study. The members of the committee shall receive a compensation, per diem, allowances and expenses as provided for members of interim com mittees, but shall receive same for not more than fifteen (15) days. All funds necessary to carry out the purposes and provisions of this Resolu tion shall come from funds appropriated to the Legislative branch of the government, or any other available funds. The committee shall meet within twenty (20) days after the adjournment of this Session on a day to be agreed upon by a majority of the members for the purposes of organizing and electing a chairman and such other officers as deemed necessary.
HR 542. By Messrs. Love of Catoosa and A. Campbell and W. Campbell of Walker:
A RESOLUTION
WHEREAS, the General Assembly is appreciative of the news media of this state and their coverage of the news relative to the 1958 session of the Georgia General Assembly; and
WHEREAS, radio station WLFA in LaFayette, Georgia has seen fit to keep the people in their section completely informed as to the pro ceedings in the State Capitol by sending their news reporter, David Carlock to the Capitol; and
WHEREAS, his daily capitol reports have been a great contribu tion to the news coverage of this Assembly.
FRIDAY, FEBRUARY 21, 1958
1443
NOW, THEREFORE, BE IT RESOLVED by the General Assembly of Georgia that radio station WLFA of LaFayette, Georgia be com mended for its fine example and that its reporter, David Carlock be cited for his courteous and capable service of this General Assembly.
SR 172. By Senators Kelley of the 10th, Kelly of the 28th, and Roper of the 41st:
A Resolution creating a joint committee of inquiry into the maintenance of hospital facilities for veterans; and for other purposes.
SR 159. By Senators Peters of the 36th, Oxford of the llth, and Hill of the 54th:
A Resolution relating to the Election Laws Study Committee; and for other purposes.
Under the order of business established by the Committee on Rules, the following Resolution and Bills of the Senate were taken up for consideration and read the third time:
SR 94. By Senator Hawes of the 30th:
A RESOLUTION
Proposing an amendment to the Constitution, so as to clarify the provision for the creation of a State Medical Education Board; to pro vide for the granting of scholarships to physicians and other personnel desiring specialized training in the psychiatric field; to provide for the repayment of such scholarships; 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 I, Paragraph II of the Constitution as amended, particularly as set forth by a Resolution proposing an amendment ap proved February 21, 1951 (Ga. Laws 1951, p. 861), is hereby amended by striking the first paragraph proposed by said amendment and insert ing in lieu thereof the following:
"There is hereby created a Board to be known as the State Medical Education Board to consist of five members, one of whom shall be the President of the Medical Association of Georgia, one of whom shall be the immediate past President of the Medical Association of Georgia, and three members to be appointed by the Governor, who shall be qualified electors of the State of Georgia. The members of the Board shall hold office for a term of four years beginning on the first day of April, 1953 and every four years thereafter the Governor shall ap point three members for a term of four years and shall appoint the President and the immediate past President of the Medical Association of Georgia pursuant to their position and office in those respective capacities. Vacancies shall be filled by appointment of the Governor for the unexpired term."
And by striking from the amendment proposed by said Resolution Section 1-A and inserting in lieu thereof the following:
"Section 1-A. The State Department having control and supervision
1444
JOURNAL OF THE HOUSE,
of the diagnosis, care, and treatment of mentally ill persons in this State is hereby authorized to extend scholarships to physicians and other personnel for specialized training, so as to enable them to be better qualified in the diagnosis, care and treatment of mental illness. As a condition to the grant of such scholarships, the recipient thereof must agree to actively engage in the practice of his profession in a hospital operated by the State, under supervision of the State, or at some place approved by the authority granting the scholarship, on the basis of one year of service for each year of training received. The remedies for enforcing the service required under this Paragraph shall be the same as those provided for medical grants and scholarships and such other remedies as may be provided by law."
SECTION 2
When the above proposed amendment to the Constitution shall have been agreed to by two thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"For ratification of amendment to provide for the granting of scholarships to physicians and other personnel for specialized training in the field of psychiatry."
"Against ratification of amendment to provide for the granting of scholarships to physicians and other personnel for specialized training in the field of psychiatry."
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 roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Ballard Barber Barrett
Baughman Birdsong Black Blalock of Coweta
Blalock of Clayton Boggs Bolton Brackin
FRIDAY, FEBRUARY 21, 1958
1445
Bradley Brennan Brooks of Oglethorpe Broome Budd Burkhalter Busbee Cagle Caldwell A. Campbell of
Walker W. Campbell of
Walker Carlisle Carr Carswell Carter Chastain Cheatham Coalson Cocke Crummey Dorminy Echols Elder Ellis Eyler Fowler of Douglas Frazier Freeman Fuqua Gowen Green of Rabun Greene of Bartow Griffith Grimsley Gross of Stephens Hall of Floyd Hall of Lee Hardaway Harper Harrison Hawkins
Helms Henderson Hodges of Ware Hodges of Butts Hogan Holcombe Holloway Huddleston Ingle Irvin Johnson Jones of Wayne Jones of Worth Jones of Lumpkin Jones of Baker Jones of Laurens Jones of Crawford Kelley Kennedy Kidd Killian Kimmons King Lam Land Lanier Lokey Love Mann Miles Moorman Moss Mull Murphy Musgrove McCracken McKenna Newton Nichols Orr Palmer Parker of Pike Parker of Ware
Parker of Appling Payton Perkins Peters Pettey Phillips of Columbia Pickett Ramsey Raulerson Reed Rodgers of Charlton Ross Rowland Scoggin Sheffield Short Singer Smith of Emanuel Smith of Lamar Smith of Whitfield Souter Stephens Story Summers Tabb Tamplin Tarpley Twitty Underwood Veal Walker of Lowndes Watson Wells White Willingham Willis Wilson Winkle Wooten Wright of Floyd Wright of Dodge Yandle
Voting in the negative was Mr. Bodenhamer.
On the adoption of the Resolution, the ayes were 138, nays 1.
The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.
SB 214. By Senator Kelley of the 10th:
A Bill to be entitled an Act to amend the Code pertaining to deposit of costs required in divorce cases; and for other purposes.
1446
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 roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Alien Bagby Ballard Barber Barrett Baughman Birdsong Black Blalock of Coweta
Bolton Brackin Bradley Brennan Brooks of Oglethorpe Brooks of Fulton Busbee Cagle Caldwell A. Campbell of
Walker W. Campbell of
Walker Carlisle Carr Carter Cheatham Coalson Cocke Crummey Denmark Dorminy Echols Ellis Fordham Fowler of Douglas Frazier Fuqua Gowen Green of Rabun Greene of Bartow
Griffith Hall of Lee Hardaway Harper Harrison Hawkins Helms Henderson Hendrix Hodges of Ware Hogan Holcombe Holloway Huddleston Ingle Irvin Jones of Baker Jones of Laurens Jones of Sumter Jones of Crawford Kelley Kennedy Kidd Killian Kimmons King Lam Land Lanier Lee Mann Matthews Miles Moorman Mull Murphy Murr Musgrove McClelland Neese Newton
Nichols Orr Palmer Parker of Ware Parker of Appling Perkins Peters Phillips of Walton Pickett Raulerson
Reed Rogers of Heard Ross Rowland Russell Rutland Scoggin Sheffield
Short Singer Smith of Whitfield Souter Stephens Story Summers Tamplin Tarpley Twitty Underwood Walker of Telfair Watson Wells White Willingham Wilson Winkle Wooten Wright of Floyd Wright of Dodge
Voting in the negative was Mr. Broome.
On the passage of the Bill, the ayes were 120, nays 1.
The Bill, having received the requisite constitutional majority, was passed.
FRIDAY, FEBRUARY 21, 1958
1447
SB 259. By Senator Trotter of the 37th:
A Bill to be entitled an Act to amend the Code relating to the pur chase and ownership of securities by banks; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Alien Bagby Ballard Barrett Baughman Birdsong Black Boggs Bolton Brackin Brooks of Oglethorpe Busbee Cagle Caldwell A. Campbell of
Walker W. Campbell of
Walker Carlisle Carr Cheek Cloud Coalson Cocke Craven Crummey Denmark Duncan Echols Elder Fordham Fowler of Douglas Fuqua Gowen Green of Rabun Greene of Bartow Griffith Grimsley
Gross of Stephens Hall of Lee Harper Harrison Hawkins Helms Henderson Hendrix Hill Hodges of Ware Hodges of Butts Hogan Holloway Huddleston Ingle Irvin Jones of Wayne Jones of Worth Jones of Baker Jones of Laurens Jones of Crawford Kelley Kennedy Kidd Killian Kimmons
Lam Land Lokey Love Mann Matthews Miles Miller of Twiggs Miller of Elbert Moorman Moss Mull
Murphy Musgrove Newton Nichols Overby Parker of Pike Parker of Ware Parker of Appling Payton Perkins Phillips of Columbia Phillips of Walton Pickett Ramsey Raulerson Rowland Scoggin Sheffield Short Singer Smith of Lamar Smith of Whitfield Souter Stephens Story Tabb Tamplin Tarpley Todd Watson Wells White Wilson Winkle Wright of Floyd Wright of Dodge
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
1448
JOURNAL OP THE HOUSE,
SB 215. By Senator Kelley of the 10th:
A Bill to be entitled an Act to provide that no judgment or decree of any court shall affect the title to real property until said judgment is recorded in court records; and for other purposes.
The following Committee substitute was read and adopted:
A BILL
To be entitled an Act to provide that no judgment order, or decree of any superior court, county court, city court, Justice court, municipal court, or any U. S. court shall in any way affect the title to real property until said judgment order or decree is recorded in the office of the clerk of the Superior Court in real estate records; to provide that the provisions of this Act shall be in addition to all other recording now required by law; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. No judgment, decree or order of any Superior Court, County Court, City Court, Justice Court, Municipal Court, or any United States Court in this State shall in any way affect the title to real property until said judgment or decree is recorded in the real estate records in the office of the Clerk of the Superior Court of the county in which such real property is located.
Section 2. The recording required in this Act shall be in addition to and supplemental to all other recording of judgments and decrees now required by law.
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 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 Bagby Ballard Birdsong Black Boggs Bolton Brackin Bradley Brooks of Oglethorpe Busbee Cagle Caldwell
A. Campbell of Walker
W. Campbell of Walker
Carlisle Carr Carter Cheek Coalson Crummey Denmark Dorminy Echols Elder Ellis
Flynt Fordham
Fowler of Douglas Frazier Fuqua Gowen Green of Rabun Greene of Bartow Griffith Hall of Floyd Hardaway Harper Harrison Helms Henderson
Hendrix Hodges of Ware
FRIDAY, FEBRUARY 21, 1958
1449
Hodges of Butts Hogan Holcombe Holloway Ingle Irvin Jones of Wayne Jones of Baker Jones of Laurens Jones of Sumter Jones of Crawford Kelley , Kennedy Key Kidd Killian Kimmons
Lam Land Lanier Lott Love Mann
Martin Matthews Miles Miller of Elbert Moorman Moss Mull Murphy Murr Musgrove Newton Nichols Parker of Pike Parker of Appling Payton Perkins Peters
Pettey Phillips of Walton Pickett Raulerson Reed Rogers of Heard
Ross Scoggin Sheffield Short Singer Smith of Forsyth Smith of Lamar Smith of Whitfield Stephens Story Tabb Tamplin Tarpley Todd Veal Walker of Telfair Wells
White Willingham Wilson Winkle Wright of Floyd Wright of Dodge
On the passage of the Bill, by substitute, the ayes were 114, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate agrees to the House substitutes to the following Bills and Resolution of the Senate:
SB 211. By Senator Hawes of the 30th:
A Bill to be entitled an Act to amend Code Section 53-202, relating to the application for a marriage license, so as to provide for a waiting period for such license; to provide for a penalty; to repeal conflict ing laws; and for other purposes.
SB 215. By Senator Kelley of the 10th:
A Bill to be entitled an Act to provide that no judgment or decree of any court shall affect the title to real property until said judgment is recorded in court records of county in which property is located; and for other purposes.
SR 50. By Senators Stafford of the 47th, Pelham of the 7th and others:
A Resolution to appoint a committee of five, three from House and two from Senate to study problems of schools requiring adequate basic subject for graduation; and for other purposes.
1450
JOURNAL OF THE HOUSE,
The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has agreed to House Substitute as amended to the following Bill of the Senate:
SB 257. By Senator Stafford of the 47th:
A Bill to be entitled an Act to amend the Act creating the office of Director Emeritus of the State Board of Workmen's Compensation so as to provide for the office of Deputy Director Emeritus; to define the duties of said office; and for other purposes.
The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate agrees to the House amendments to the following Bills of the Senate:
SB 29. By Senators Brown of the 52nd and Sammon of the 34th:
A Bill to be entitled an Act to amend an Act regulating primary elec tions in certain municipalities; so as to provide for the holding of primaries in October; and for other purposes.
SB 106. By Senator Crawford of the 1st:
A Bill to be entitled an Act to amend the Act provided for the coverage of certain officers and employees of the State under the Old Age and Survivors Insurance provisions so as to make provisions relative to the coverage of Solicitors General under the aforesaid Act; and for other purposes.
SB 137. By Senator Wright of the 24th:
A Bill to be entitled an Act to change the compensation of the sheriff of Chattahoochee County; to repeal conflicting laws; and for other purposes.
SB 203. By Senator Hawes of the 30th:
A Bill to be entitled an Act to provide for treatment of mentally ill persons, both voluntarily and involuntarily; to provide for the dis charge of mentally ill patients and to generally supplement the exist ing laws of the state relating to the commitment of insane persons and the restoration of sanity as provided by law; and for other pur poses.
SB 207. By Senator Hawes of the 30th:
A Bill to be entitled an Act to amend the Act creating the State Litera ture Commission so as to change the definition of obscene literature; to provide for an Executive Secretary; and for other purposes.
FRIDAY, FEBRUARY 21, 1958
1461
SB 248. By Senators Everett Williams of the 49th and Sanders of the 18th:
A Bill to be entitled an Act to create a Georgia Recreation Commis sion; to provide for the members of the Commission; to provide for the powers and duties of the Commission; and for other purposes.
SB 266. By Senator Sanders of the 18th:
A Bill to be entitled an Act to authorize and regulate reciprocal or interinsurance transactions; to provide such contracts may be exe cuted by an attorney in fact; to require certain information to be submitted to the Insurance Commissioner; and for other purposes.
SB 289. By Senator Crawford of the 1st:
A Bill to be entitled an Act to amend the Act incorporating the Town of Thunderbolt, Chatham County, Georgia, so as to provide for a recorder's court; 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 House to wit:
HB 1166. By Messrs. Carlisle, McKenna and Wilson 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 1167. By Mr. Gross of Stephens:
A Bill to be entitled an Act to amend an Act creating a Board of Commissioners of Roads and Revenues in the County of Stephens; and for other purposes.
HB 1169. By Mr. Mull of Fannin:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Blue Ridge, so as to change the maximum ad valorem tax rate which may be levied; and for other purposes.
HB 1170. By Mr. Mull of Fannin:
A Bill to be entitled an Act to amend an Act creating the office of Commissioner of Roads and Revenues of Fannin County; and for other purposes.
HB 1171. By Mr. Mull of Fannin:
A Bill to be entitled an Act to amend an Act relating to limitation of ad valorem taxation by municipal corporations, providing City of Blue Ridge not be affected by certain provisions; and for other pur poses.
1452
JOURNAL OP THE HOUSE,
HB 1172. By Mr. Mull of Fannin:
A Bill to be entitled an Act to amend an Act creating a new charter for City of Blue Ridge, changing maximum ad valorem tax rate which may be levied by mayor and councilmen; and for other purposes.
HB 1173. 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.
HB 1176. By Mr. Love of Catoosa:
A Bill to be entitled an Act to amend an Act creating the office of Commissioner of Roads and Rvenues for the County of Catoosa; 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 Resolution of the House to wit:
HB 691. By Mr. Overby of Hall:
A Bill to be entitled an Act to amend Code Section 73-222 pertaining to the substitution and misbranding of petroleum products, etc.; and for other purposes.
HB 877. By Mr. Tarpley of Union:
A Bill to be entitled an Act to provide that a non-resident may main tain a suit for divorce in the county of residence of defendant against any person who shall have been a resident of Georgia and the county in which suit is brought for 6 months prior to filing of such suit; and for other purposes.
HB 888. By Mr. Barber of Jackson:
A Bill to be entitled an Act to amend Code Chapter 56-8, pertaining to fire insurance, providing maximum amount, when there are two poli cies on same property, exceptions, etc.; and for other purposes.
HB 1004. By Messrs. Brooks and McClelland of Pulton:
A Bill providing support of minor children by Father, where divorce decree contains no provisions for same; to establish procedure for en forcing judgment; and for other purposes.
HB 1006. By Mr. Bodenhamer of Tift:
A Bill to be entitled an Act to provide for the compulsory school attendance of all children within the State of Georgia between their seventh and sixteenth birthday; and for other purposes.
FRIDAY, FEBRUARY 21, 1958
1453
The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the follow ing Bills and Resolutions of the House to wit:
HR 164. By Messrs. Matthews of Clarke, Bodenhamer of Tift, and Overby of Hall:
A Resolution proposing amendment to Constitution of 1945, extending power of taxation over the whole State to include a tax for school lunches; to provide for submission for ratification or rejection by the people; and for other purposes.
HR 165. By Messrs. Matthews of Clarke, Bodenhamer of Tift, Hall of Floyd and Overby of Hall:
A Resolution proposing amendment to Article VII, Section IV, Para graph I, of the Constitution of 1945, empowering General Assembly to authorize any county right to levy tax for school lunches; to provide submission for ratification or rejection by people; and for other pur poses.
HR 330. By Mr. Harper of Gilmer:
A Resolution to designate a bridge across the Cartecay River at the city limits of East Ellijay, Georgia, as the A. Charles Soule Bridge; and for other purposes.
HR 404. By Mr. Twitty of Mitchell:
A Resolution to adopt as a part of the Official Code of the State of Georgia the statutory portions of the text of the Code of Georgia Annotated; and for other purposes.
HR 447. By Mr. Lanier of Candler:
A Resolution proposing an amendment to the Constitution so as to pro vide for the payment of One Hundred Thousand Dollars in connection with the eradication of the boll weevils; and for other purposes.
HR 461. By Mr. Truelove of White:
A Resolution to designate a certain bridge as the "Roy Head Bridge"; and for other purposes.
HR 462. By Mr. Truelove of White:
A Resolution to designate a certain bridge as the "Earl Nix Bridge"; and for other purposes.
HR 467. By Messrs. Gowen of Glynn and Twitty of Mitchell:
A Resolution to declare Legislative intent with respect to interpreta tion of Code Section 38-711; and for other purposes.
1454
JOURNAL OF THE HOUSE,
HR 520. By Messrs. Bodenhamer and Morris of Tift, and others:
A Resolution relative to the battle flag of the Confederacy; and for other purposes.
HR 521. By Messrs. Ray of Warren and Moate of Hancock:
A Resolution expressing appreciation to the Attorney General of the State of New Hampshire; and for other purposes.
HR 522. By Messrs. Wilson, McKenna, and Carlisle of Bibb: A Resolution relative to the natural gas supply; and for other purposes.
HB 349. By Mr. Carlisle of Bibb:
A Bill to be entitled an Act to amend Section 66-103 of the Code of Georgia relative to wages of deceased employee paid widow, etc. without administration upon estate; to repeal conflicting laws; and for other purposes.
HB 689. By Mr. Overby of Hall:
A Bill to be entitled an Act to provide that it shall be unlawful to sell or offer for sale at retail, motor fuel unless the seller shall display certain signs; and for other purposes.
The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following Bills and Resolutions of the House to wit:
HR 159. By Mr. Rowland of Johnson:
A Resolution to relieve Chester H. Jones as surety; and for other purposes.
HR 252. By Mr. Pelham of Schley:
A Resolution proposing an amendment to the Constitution to provide for the election of members of County Board of Education of Schley County; and for other purposes.
HR 263. By Messrs. Kidd and Griffith of Baldwin:
A Resolution authorizing Personnel Director of Milledgeville State Hospital to inform employees of the rights under the State Merit System; and for other purposes.
HR 274. By Mr. Denmark of Liberty:
A Resolution proposing amendment to the Constitution to create the Liberty County Industrial Authority; and for other purposes.
FRIDAY, FEBRUARY 21, 1958
1455
HR 320. By Mr. Jones of Laurens: A Resolution to compensate Raymond Blizzard; and for other purposes.
HR 352. By Mr. Hurst of Quitman: A Resolution to compensate D. D. Whitman; and for other purposes.
HR 353. By Mr. Barrett of Cherokee:
A Resoluton compensating Dr. Jack W. Jones of Canton, Georgia; and for other purposes.
HR 394. By Mr. Smith of Forsyth:
A Resolution to proclaim and designate October 31st of each year as "Youth Honor Day"; and for other purposes.
HR 423. By Mr. Overby of Hall:
A Resolution relative to making a survey of the industrial potentials in the State of Georgia; and for other purposes.
HR 437. By Messrs. Broome of Bacon, Twitty of Mitchell and others:
A Resolution creating a committee to make a study of taxes, fees, and related matters applicable to motor vehicles; and for other purposes.
HR 466. By Messrs. McClelland, Brooks and M. Smith of Fulton:
A Resolution proposing an amendment to Article VI, Section XIII of the Constitution of Georgia relating to the qualifications of justices, judges, etc.; and for other purposes.
HR 482. By Messrs. Wilson, McKenna and Carlisle of Bibb:
A Resolution proposing an amendment to the Constitution authorizing Mayor and Council to enact ordinances establishing procedure whether building structure is unsafe for human habitation in said City; and for other purposes.
HR 489. By Mr. Matthews of Clarke:
A Resolution authorizing funds for the activation of the provisions of HB 897; 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 House to wit:
HR 525. By Mr. Tarpley of Union:
A Resolution commending "Catfish" Bill Parker; and for other pur poses.
1456
JOURNAL OF THE HOUSE,
HB 256. By Mr. Carlisle of Bibb:
A Bill to be entitled an Act to amend Section 49-701 of the Code of Georgia, relative to custody and distribution of funds when no legal guardian, in cases of minor and insane persons who have no legal guardian; to repeal conflicting laws; and for other purposes.
HB 718. By Messrs. Overby of Hall, Jessup of Bleckley; and others:
A Bill to be entitled an Act to effect a complete revision of the laws of this State relating to the qualification and registration of voters; and for other purposes.
HB 739. By Messrs. Reed, Holcombe and Willingham 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 768. By Messrs. Tamplin of Morgan, Ballard of Newton, Pelham of Schley and others:
A Bill to be entitled an Act to repeal an Act relating to licenses and fees for manufacturer of butter, ice cream, cheese, condensed milk, or milk powder; and for other purposes.
HB 992. By Mr. Yandle of Toombs:
A Bill to be entitled an Act to amend an Act revising laws relating to State Game Fish, Wildlife, by changing to provide transportation or sale, etc.; punishment for violation; repeal conflicting laws; and for other purposes.
HB 1135. By Mr. Lanier of Candler:
A Bill to be entitled an Act to amend an Act known as the "Georgia Seed Law"; and for other purposes.
HB 1045. By Messrs. McClelland, Brooks and M. Smith of Fulton:
A Bill to authorize the Solicitor General of the Superior Court in certain counties to appoint certain investigators, etc.; and for other purposes.
HB 1147. By Mr. Souter of Macon:
A Bill to be entitled an Act to repeal an Act incorporating the Town of Spalding in Macon County; and for other purposes.
HB 1148. By Mr. Fowler of Douglas:
A Bill to be entitled an Act to repeal an Act providing for zoning in Douglas County; and for other purposes.
HB 1150. By Mr. Alien of Bulloch:
A Bill to be entitled an Act to amend an Act providing for a salary in lieu of fees for Clerk of Superior Court in certain counties; and for other purposes.
FRIDAY, FEBRUARY 21, 1958
1457
HB 1151. By Mr. Alien of Bulloch:
A Bill to be entitled an Act to amend an Act creating the City Court of Statesboro; and for other purposes.
HB 1152. By Messrs. Stephens and Matthews of Clarke:
A Bill to be entitled an Act to amend an Act creating the office of Commissioner of Roads and Revenues of Clarke County; and for other purposes.
The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the follow ing Bills and Resolutions of the House to wit:
HB 1153. By Messrs. Moss and Story of Gwinnett:
A Bill to be entitled an Act to amend the charter of the Town of Sugar Hill, providing for the levy of ad valorem taxes; and for other purposes.
HB 1154. By Messrs. Greene and Bradley of Bartow:
A Bill to be entitled an Act to amend an Act creating the office of Commissioner of Roads and Revenues of Bartow County; and for other purposes.
HB 1155. By Messrs. Brooks, M. Smith, and McClelland of Fulton:
A Bill to be entitled an Act to amend an Act providing that in certain cities provisions for pensions for members of the Fire Department shall be made; and for other purposes.
HB 1157. 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 City of Rome; defining rights of the municipality"; and for other purposes.
HB 1158. By Messrs. McClelland, Brooks and M. Smith of Fulton:
A Bill to be entitled an Act to amend an Act abolishing the fee system existing in Superior Court of Atlanta Judicial Circuit as applied to the office of Solicitor General; and for other purposes.
HB 1159. By Messrs. Carlisle, Wilson and McKenna of Bibb:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Macon, relating to the Jurisdiction of Recorder's Court; and for other purposes.
HB 1161. By Mr. Murphy of Haralson:
A Bill to be entitled an Act to provide an additional term of the Supe rior Court in Haralson County; and for other purposes.
1458
JOURNAL OF THE HOUSE,
HB 1162. By Mr. Murphy of Haralson:
A Bill to be entitled an Act authorizing the governing authority of City of Bremen, Haralson County, to levy additional tax for ediicational purposes; and for other purposes.
HB 1163. By Mr. Murphy of Haralson:
A Bill to be entitled an Act to authorize paving and improving streets within City limits of City of Bremen; and for other purposes.
HB 1164. By Mr. Murphy of Haralson:
A Bill to be entitled an Act to authorize governing authority of City of Bremen to change hours for holding elections; and for other pur poses.
HB 1165. By Mr. Murphy of Haralson:
A Bill to be entitled an Act to consolidate office of Tax Receiver and Tax Collector of Haralson County into office of Tax Commissioner; and for other purposes.
The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has agreed to the House Substitute, as amended, to the follow ing Bills of the Senate:
SB 32. By Senators Trotter of the 37th, and Langdale of the 6th:
A Bill to be entitled an Act to amend Code Section 49-103 and other sections; relating to guardians and wards; and for other purposes.
SB 31. By Senators Trotter of the 37th and Langdale of the 6th:
A Bill to be entitled an Act to amend Code Section 113-301 and certain other Sections; relating to wills and administration of estates; and for other purposes.
The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has agreed to the House amendment to the following Bill of the Senate:
SB 219. By Senator Hawes of the 30th:
A Bill to be entitled an Act authorizing the State Highway Depart ment to reimburse the State Department of Law for expenses incurred for legal services by any Assistant Attorney General or Deputy Assist ant Attorney General assigned to do legal work to acquire rights-ofway on State Road System; and for other purposes.
FRIDAY, FEBRUARY 21, 1958
1459
The following message was received from the Senate through Mr. Stewart, the Secretary thereof: Mr. Speaker:
The Senate has adopted by the requisite constitutional majority the following Resolution of the Senate to wit:
SR 175. By Senator Hawes of the 30th: A Resolution that the General Assembly adjourn sine die at 7:00 p.m.
Mr. Black of Webster, Chairman of the Committee on Auditing, Enrolling, and Engrossing submitted the following report:
Mr. Speaker:
Your Committee on Auditing, Enrolling and Engrossing has examined the following Bills and Resolutions of the House and find the same properly engrossed:
HR 170-529a. HR 248. HR 265.
HR 266. HR 267. HR 284. HR 54-148a. HR 291. HR 292. HR 293. HR 286. HR 305. HR 308. HB 654.
HB 656. HB 657. HB 658. HB 662. HB 664. HB 666.
HB 669. HB 672. HB 673. HB 679. HB 680. HB 630. HB 631. HB 632. HB 633. HB 634. HB 635. HB 636. HB 646. HB 647. HB 648. HB 649. HB 650.
HB 651. HB 652. HB 685.
HB 696. HB 703. HB 704. HB 705. HB 706. HR 251-662a. HR 252-662b. HR 257-662g. HR 259-662i. HR 269-687b. HR 272-687e.
HR 273-687f. HR 274-687g. HR 275-687h. HR 276-687i. HB 430. HB 612.
HB 616. HB 619. HB 621. HB 645. HB 668. HB 676. HB 678. HB 700. HB 701. HB 710. HB 711. HB 716. HB 717. HB 719. HB 722. HB 724. HB 725.
HB 726. HB 728. HB 729.
HB 730. HB 731. HB 732. HB 733. HB 737. HB 738. HB 740. HB 741. HB 744. HR 300-744d. HR 303-744g.
HR 337. HR 338. HR 310-772a. HR 312-772c. HR 315-772f. HR 322-772m.
HR 246. HB 4. HB 739. HB 745. HB 746. HB 747. HB 748. HB 753. HB 754. HB 755. HB 756. HB 757. HB 759. HB 763. HB 764. HB 765. HB 766.
1460
HB 770. HB 772. HB 776. HB 778. HB 675. HB 781. HB 785.
HR 332-787a. HR 357. HB 54. HB 91. HB 308.
HB 699. HB 762. HB 787. HB 795. HB 796. HB 798. HB 802. HB 804. HB 806. HB 186. HB 697. HB 735. HB 808. HB 810. HB 812. HB 814. HB 815. HB 816. HB 817. HB 819. HB 821. HB 826. HB 827.
HR 245-635c. HR 371. HR 351-838c. HR 354-847a. HR 386. HB 417. HB 712. HB 713. HB 714. HB 715. HB 734. HB 830. HB 831. HB 832. HB 834. HB 841. HB 845. HB 848. HB 849.
HR 351-838c. HR 354-847a. HR 386.
JOURNAL OF THE HOUSE,
HR 396. HB 667. HB 709. HB 780. HB 655. HB 686. HB 692.
HB 708. HB 736. HB 760. HB 829. HB 874.
HR 270-687c. HR 402. HR 410. HB 911. HB 914. HB 918. HB 919. HB 922. HB 923. HB 924. HB 925. HB 926. HB 927. HB 928. HB 929. HB 930. HB 934. HB 935. HB 936. HB 937. HB 938. HB 940. HB 941.
HB 942. HB 943. HB 944. HB 854. HB 856. HB 858. HB 860. HB 861. HB 864. HB 870. HB 871. HB 872. HB 876. HB 878. HB 879. HB 880. HB 886. HB 887. HB 889.
HB 890. HB 893. HB 895.
HB 896.
HB 899. HB 900. HB 905. HB 906. HB 909. HB 240.
HB 665. HB 671. HB 695. HB 767. HB 769.
HB 773. HB 779. HB 792. HB 793. HB 794. HB 799. HB 820. HB 857. HB 865. HB 873. HB 883. HB 884. HB 696. HR 142-429b. HR 169-526c. HR 184-567a. HR 198-610b. HR 258-662h. HR 261-662k. HR 271-687d. HR 280-702b. HR 281-702c. HR 287-703a.
HR 298-744b. HR 311-772b.
HR 314-772e. HR 340-806b. HR 359-874a. HR 360-874b. HR 362-874d. HR 363-874e. HR 364-874f. HR 368-877a. HR 378-894d. HR 379-894e. HR 380-894f. HR 389-940a. HR 390-940b. HR 392-940d. HR 256-662f. HR 313-772d. HR 401-968d.
HR 323. HB 667. HB 439.
HB 663. HB 761. HB 775. HB 677. HB 835. HB 837. HB 863. HB 892. HB 931. HB 933. HB 945. HB 946. HB 947. HB 948. HB 952. HB 953. HB 954. HB 955. HB 956. HB 958. HB 959. HB 962. HB 963. HB 964.
HB 965. HB 968. HB 969. HB 505. HB 989. HB 993. HB 994. HB 995. HB 996. HB 1001. HB 1002. HB 1003. HB 641. HB 661. HB 805. HB 836. HB 844. HB 840. HB 894.
HB 897. HB 915. HB 916. HB 917. HB 920. HB 972. HB 973. HB 974. HB 977. HB 978. HB 979. HB 981. HB 982. HB 985.
FRIDAY, FEBRUARY 21, 1958
1461
HB 986. HR 406-1005c. HR 405-1005b. HR 398-968a. HR 347-827e. HR 333-787b. HR 268-687a. HR 348-827f. HR 374. HR 432-1070g. HR 469. HR 470. HR 279-702a. HR 341-806c. HR 400-968c. HR 404-1005a. HR 409-1005f. HR 414-1044a. HR 415-1044b. HR 416-1044c. HR 418-1044e. HR 420-1044g. HR 426-1070a. HR 430-1070e. HR 431-1070f. HB 1007. HB 1008. HB 1009. HB 1010. HB 1012. HB 1013. HB 1014. HB 1015. HB 1018. HB 1019. HB 1022. HB 1023. HB 1024. HB 1025. HB 1026. HB 1027. HB 1029. HB 1031. HB 1032. HB 1033. HB 1035.
HB 1067. HB 1068. HB 1069. HB 1070. HB 1072. HB 960. HB 983. HB 1000. HB 1037. HB 1039. HB 1040.
HB 1041. HB 1042.
HB 1044. HB 1046. HB 1047.
HB 1048. HB 1049. HB 1050. HB 1051.
HB 1052. HB 1053. HB 1054. HB 1060. HB 1062. HB 1066. HR 348-827f. HR 374. HR 432-1070g. HR 469. HR 470. HR 279-702a. HR 341-806c. HR 400-968c. HR 404-1005a. HR 409-1005f. HR 414-1044a. HR 415-1044b. HR 416-1044c. HR 418-1044e. HR 420-1044g. HR 426-1070a. HR 430-1070e. HR 431-1070f. HB 610. HB 782. HB 783. HB 789. HB 803. HB 839. HB 846. HB 850. HB 885. HB 891. HB 932. HB 1073. HB 1074.
HB 1075. HB 1076. HB 1077. HB 1078. HB 1079. HB 1080. HB 1081. HB 1082. HB 1083. HB 1085. HB 1087.
1462
JOURNAL OF THE HOUSE,
HB 1088. HB 1091. HB 1092. HB 1093. HB 1094. HB 1095. HB 1096. HB 1097. HB 1099. HB 1100. HB 1103. HB 1106. HB 1108. HB 1109. HB 1016. HB 1111. HB 1112. HB 1113. HB 1114. HB 1115. HB 1116. HB 1117. HB 1119. HB 1120. HB 1121. HB 1124. HB 1125. HB 1126. HB 1127. HB 1128. HB 1129. HB 620. HB 642. HB 670. HB 702. HB 768. HB 862. HB 910. HB 912. HB 951. HB 990. HB 1036. HB 1055. HB 1058. HB 1089. HB 1090. HB 1104. HR 475. HR 330-785e. HR 442-1109a. HR 443-1109b. HR 444-1109c. HR 455-1109n. HR 456-1 HR 460-1 HR 461-1 HR 462-1
HR 472-1129a. HR 422. HR 394-944a. HR 16-18a. HR 58-148e. HR 327-785b. HR 328-785c. HR 331-785f. HR 369-881a. HR 408-1005e. HR 428-1070c. HR 435-1071b. HR 446-1109e. HR 138-412b. HR 195-588a. HR 260-662 j. HR 297-744a. HR 301-744e. HR 302-744f. HR 304-744h. HR 317-772h. HR 320-772k. HR 321-7721. HR 325-773b. HR 339-806a. HR 343-827a. HR 344-827b. HR 345-827C. HR 346-827d. HR 355-847b. HR 356-847c. HR 361-874c. HR 391-940c. HR 417-1044d. HR 419-1044f. HR 429-1070d. HR 445-1109d. HR 448-1109g. HR 9-7b. HR 316-772g. HR 434-1071a. HR 449-1109h. HR 450-1109L HR 467. HR 477-1142b. HR 492. HR 466-1120b. HR 476-1142a. HR 482-1165a. HR 484. HR 159-505a. HR 164-519a. HR 165-519b. HR 263-662m. HR 447-1109f. HR 458. HR 494.
HR 352-838d. HR 353-838e. HB 615. HB 790. HB 1130. HB 1132. HB 1133. HB 1136. HB 1137. HB 1138. HB 1139. HB 1140. HB 1142. HB 1143. HB 1144. HB 1145. HB 1146. HB 1147. HB 1148. HB 1149. HB 1150. HB 1151. HB 1153. HB 1154. HB 1155. HB 1156. HB 1157. HB 1158. HB 1159. HB 1161. HB 1162. HB 1163. HB 1165. HB 1166. HB 1167. HB 1169. HB 1170. HB 1171. HB 1172. HB 1173. HB 1176. HB 173. HB 902. HB 903. HB 984. HB 1135. HB 486. HB 490. HB 491. HB 820. HB 980. HB 1006. HB 907. HB 1004. HB 1030. HB 1102. HB 888.
FRIDAY, FEBRUARY 21, 1958
1463
HB 1152. HB 1164. HB 1038. HB 718. HB 1045. HB 689. HB 691. HB 256. HB 877.
HB 992. HB 349. HB 717. HB 844. HR 437. HR 489. HR 329-785d. HR 481-1159a. HR 427-1007b.
HR 423. HR 507. HR 498. HR 520. HR 521. HR 522. HB 1177. HR 514.
The following Resolution of the House was read and adopted:
HR 543. By Mr. Floyd of Chattooga:
A RESOLUTION
Be it resolved by the House, the Senate concurring, that the General Assembly stand adjourned sine die at 7:00 o'clock, p.m., on February 21, 1958.
The Speaker announced the House adjourned sine die.
INDEX TO JOURNAL
OF THE
HOUSE OF REPRESENTATIVES
REGULAR SESSION 1958
Part I--Tabular Index Part II--Alphabetical Index Part III--House Bills and Resolutions Part IV--Senate Bills and Resolutions
INDEX
1467
HOUSE JOURNAL Part I
TABULAR INDEX
PROPOSED AMENDMENTS TO THE CONSTITUTION
HE 36-93b--Ad Valorem Tax; exempt certain employees--No Action in 1958
HE 390-940b--Albany-Dougherty County; development
Authority __.___________.__.____..________.__________.___386, 421, 474, 540, 858
HR 406-1005c--Atkinson County; school Superin
tendent ________.,,_,,,,,,,,,,,,--------___451, 506, 690, 711, 1000
HR 426-1070a--Atkinson County; levy tax promoting
county -...._._----------------------___.___.______-___._611, 698, 769, 801
HR 253-662c--Authorize Tax; promote county industries ------------ 46, 64
HR 378-894d--Bacon County; Board of Education--_339, 394, 473, 526, 857
HR 351-838c--Baldwin County; tax for promoting
industry __.__,,__________,,_.__ -._.__..__.____._-266, 311, 343, 351, 629
HR 269-689b--Bartow County; school Superin
tendent
_____________...--------___60, 77, 122, 141, 857
HR 363-874e--Bibb County; authority to General
Assembly ----------_----__.,,__,,,,___,,,,.-____--303, 347, 472, 515, 857
SR 140--Board of Education; election of
members -__,,,,______---------------_----927, 933, 1012, 1097, 1326
HR 431-1070f--Brunswick Port Authority ......612, 698, 769, 804, 1252, 1262
HR 415-1044b--Carroll County; rescue squad _.___--607, 695, 769, 792, 1246
HR 472-1129a--Catoosa County; Board of Tax
Administrators _________________-_____766, 852, 872, 916, 1365, 1366
HR 460-1117b--Chatham County; school tax ____________764, 850, 914, 1392
SR 88--Chattahoochee County; Board of
Education ____________.______________...___.___.__.__391, 397, 422, 690, 713
SR 14--Clayton County; election of school Superintendent ...172, 179, 231
HR 257-662g--Clayton County; school bonds ___.______..______46, 65, 122, 139, 628
SR 149--Clarke County; fire, water, sanitation and
sewerage districts ____.._.___.....-..............._.1115, 1116, 1221, 1224, 1324
HR 354-847a--Colquitt County; occupation taxes ______ 268, 312, 343, 353, 629
HR 459-1117a--Change Provisions Relative to Constitution __.______.__-764, 850
HR 256-662f--Counties, Municipalities, etc.; may issue revenue antici
pation obligations to purchase transit
equipment ________ ,,_____,,_,,,,___---- 46, 65, 307, 643, 1113
HE 444-1109c--DeKalb County; assessment for garbage
disposal _------------.----_____,,,,,,,,-__------682, 775, 847, 891, 1394
HR 442-1109a--DeKalb County; power to enact ordinances, issue busi
ness licenses and create a recorder's
court ___...-...._____._..........-..............._.___. 682, 774, 847, 849, 884, 1394
HR 443-1109b--DeKalb County; to have authority to install and main
tain storm sewers and street lights ______682, 774, 847, 888, 1394
HR 362-874d--Douglas County; bonded debt limit ___.303, 347, 472, 513, 857
HR 360-874b--East Point, City of; off-street parking
facilities _______
.,,,,,,__,,
303, 347, 472, 511, 857
HR 359-874a--East Point, City of; use of tax funds___303, 346, 472, 509, 857
1468
INDEX
HR 315-772g--Elbert County; elect members of the Board of Education ____.._..___,,_______...___.______.______..__........118, 177, 213, 224
SR 140--Elbert County; Board of Education ......927, 933, 1012, 1097, 1326 HR 447-1109f--Eradication of Boll Weevil; payment of $100,000.00
authorized for practical method ---.__.-......682, 775, 844, 938, 1394 HR 268-687a--Establishment of Colleges by Political
subdivisions -._.__.._..______________...______ 59, 77, 270, 727, 1113 HR 428-1070c--Fraternity and Sorority Properties; exempt from
taxation in certain cases __._______.......-..._.....611, 693, 702, 965, 1396 HR 276-687c--Gilmer County; Board of Education....... 61, 78, 122, 160, 629 SR 104--Glynn County; tax assessor _______..._.___...________392, 397, 422, 690, 716 SR 123--Grady County; taxes __..___.___..__._...__.._.,,_..___810, 852, 1020 HR 416-1044c--Hall County; Board of Education......607, 695, 769, 794, 1246 HR 279-702a--Hall County; fire protection districts..........72, 768, 790, 1245 HR 303-744g--Henry County; Board of Education______102, 127, 172, 192, 392 HR 322-722m--Houston County; Board of Education__119, 177, 213, 228, 629 HR 466-1120b--Judges Emeritus of Atlanta Judicial
Circuit ............_________.._...............__..___.........765, 851, 874, 1018, 1455 HR 313-772d--Justices Emeritus of Supreme Court and Judges Emeritus
of Court of Appeals may preside over other courts ............__.________._....._............._..118, 176, 307, 662, 1114 HR 272-687e--Liberty County; elect members of the Board of Education ____-___________........................._._._................___60, 77, 122, 155 HR 274-687g--Liberty County; industrial authority._.60, 78, 122, 158, 1454 HR 379-894e--Lowndes County; Board of Education ______________________________________.339, 394, 473, 530, 1260, 1289 HR 380-894f--Lumpkin County; amount of bonded indebtedness .__....................._._._____.__..__..........339, 394, 473, 535, 858 HR 482-1165a--Macon, City of; safety of buildings .............._-....._________....................866, 1009, 1097, 1107, 1455 HR 332-787a--Marietta, City of; Board of Lights and Waterworks .______._______................._.......______......171, 215, 249, 253, 629 HR 275-687h--Mclntosh County; Board of Education ._........_ 60, 78, 122, 146 HR 312-772c--Pickens County; Board of Education __.____118, 176, 213, 221 HR 259-662i--Pierce County; Board of Education ..........47, 65, 122, 152, 628 HR 300-744d--Polk County; bonded indebtedness........102, 127, 172, 190, 392 HR 273-687f--Quitman County; elect members of Board of Education ___........_..............._..__-___.._.._............____60, 78, 122, 144
HR 28-71a--Political Subdivision; incur debts ....______.....No Action in 1958 HR 252-662b--Schley County; Board of
Education ___.__________....._....._........._......_____46, 64, 122, 150, 417, 1454 HR 142-429b--Scholarships for prospective teachers.._..212, 216, 585, 1113
SR 121--Seminole County; tax for promoting industry....632, 633, 699, 806
HR 455-1109n--Spalding County; justice courts abolished, other courts created ........._.............._._.__.________......683, 776, 847, 894, 1395
SR 94--State Education; Medical Board-_.__.___425, 425, 478, 848, 1443
HR 335-789b--State Debt, Prohibit Issuance Bonds, etc.; public agency _...___.__..____..___......_.........._.__._......._..._.....171, 216, 388
SR 92--Stewart County; Board of Education..........392, 397, 422, 474, 547
HR 165-519b--Tax Levy; for school lunch programs________617, 620, 1054, 1453
HR 435-1071b--Tax; to pay costs of ordinaries retirement fund .______.__.,,___.___________.-...______..._._...No Action in 1958
HR 164-519a--Tax; to support school lunch programs^-617, 620, 1051, 1453
HR 369-881a--Taxation; to support Peace Officers Annuity and Benefit Fund ___..___..___.___.305, 348, 416, 616, 962, 964, 1396
INDEX
1469
SR 127 & HE 418-1044a--Terrell County Development
Authority _._____________._._________.__________607, 695, 769, 797, 1246 HR 456-1112a--Tifton; Tift County Development
Authority ___________________.._____-___._____________.________849, 872, 909, 1395 HR 368-877a--Turner County; Board of Education,...304, 347, 473, 523, 857 HR 299-744c--Voters; change qualification, registration ______________101, 127 HR 392-940d--Washington County; Board of
Education ___________.____.________________.___.______.__.___386, 421, 474, 543, 858 HR 364-874f--Wayne County; Board of
Education _..____.___.___._____._..______.__________..__304, 347, 472, 520, 857 HR 324-773a--Whiskey; tax and allocate funds .____________________.119, 177 HR 251-622a--Wilkes County; Board of Education__.._.45, 64, 122, 136, 628
MEMORIALS AND REQUESTS TO CONGRESS
(See Alphabetical and Numerical Index)
HR 484--Handling of Federal Soil Bank Program._______. 868, 944, 962, 1246 HR 475--Investigation urged of policies of United States
Forest Service _____.____________________________..___._.833, 875, 877, 949, 1114 HR 507--Proposed Cut in Armed Forces Protested __.______.__________1091, 1393 HR 470--Protesting proposed cut in strength of National Guard__._753, 1000 HR 374--Repeal of excise tax on transportation of passengers
and freight urged -__.__________.____-_______._____.324, 617, 621, 827, 1000 HR 338--Tobacco Acreage Allotments _______.____._.___________.____.___._________195, 258
CODE SECTIONS (PASSED)
(See Subject Matter)
SB 259--13-2023--Amended--Banks and Banking, investments __________._..__-____..__.__.______._._____..____..68B, 719, 776, 845, 1447
HB 612--Ann. 16-433--Amended--Building and Loan Associations ____,,----_____-----__.----.___--____.--,,--_.______--.--.202, 464
SB 180--Ann. 22-1860--Amended--Corporations, meetings .___.___-_________-______-__________________467, 592, 506, 870, 1281
HB 430--23-407--Amended--Compensation to surveyors and helpers when surveying disputed county lines______________________________201, 1111
SB 225--23-924--Amended--County manager form of govern ment ______._._________,___.______-_____________._______-311, 399, 423, 848, 1308
HB 910--24-820--Amended--Constable's fees.__._--381, 417, 615, 973, 1394 HB 912--24-1601--Amended--Justices of the peace;
fees ._______._______._._____.___._.._______..__.___.382, 418, 615, 970, 1397 SB 226--24-1716--Amended--Fees of ordinaries._____.._311, 399, 423, 1282 SB 226--24-1804--Amended--Filing of wills by persons still
in life __..___-__.___..._.______-_.______...-.___.._________311, 399, 423, 1283 HB 661--24-2104--Amended--Office hours of
ordinaries ________.__.______.__._________________.______45, 64, 416, 742, 1111 HB 837--24-2625--Amended--Judges pro hac vice^266, 310, 388, 661, 1247 HB--837--24-2626--Amended--Judges of superior courts
emeritus ________________._____-____________.___266, 310, 388, 661, 1247 SB 214--24-3406--Amended--Costs in divorce actions_-317, 321, 417, 1445 HB 980--27-501--Amended--Fees for criminal
bonds __________.____._______._._447, 503, 871, 1145, 1146, 1415, 1420 HB 877--30-107--Amended--Jurisdiction of divorce
actions __________________._._____.________304, 347, 871, 1206, 1452
1470
INDEX
SB 183--30-113--Amended--Divorce and alimony
actions ____--_________.......__________...________________. 389, 398, 422, 471, 1376
HB 697--32-1003--Amended--County school superin
tendents -----._._-___------------------------------72, 104, 306, 329, 815
HR 467--38-711--Legislative intent expressed, a
resolution ________.._________________.______.__________._________739, 846, 854, 1028, 1453
HB 699--38-1501--Amended--Witness fees to law enforcement officers
in counties of 300,000 or more persons ----------.--72, 104, 248, 465
HB 768--42-513--Repealed--Dairy manufacturing
plants _----_------------------------------116, 175, 617, 991, 1456
SB 187--46-208--Amended--Wages exempt from garnish
ment ---.___.______------------_.----------------.389, 398, 422, 471, 1303
HB 990--46-301a--Enacted--Garnish
ment ------------------------------449, 504, 691, 995, 996, 1435, 1437
SB 32--Title 49--Amended--Guardian and ward __---------- -,, 1378, 1458
SB 32--49-212--Repealed--Guardian and ward ----------------1378, 1458--
HB 846--49-316--Amended--Guardians to act as administrators
of estates _---------------------_ 268, 312, 388, 823, 1247
HB 256--49-701--Amended--Custody and distribution of funds of
minors and insane persons by ordinaries .----871, 877, 1207, 1456
SB 211--53-202--Amended--Marriage licenses
_-----___.___.-------------------------390, 399, 423, 848, 1272, 1449
SB 107--56-403--Amended--Licensing of insurance companies....,------1374
HB 984--56-601--Amended--Venue of actions against insurance
companies
____.------------......448, 503, 614, 1077, 1404, 1406
HB 888--56-816a--Enacted--Refund of insurance premiums in
certain cases _______........_____.__----------..----337, 393, 846, 1167, 1452
HB 349--66-103--Amended--Wages due deceased
persons _______..............._..........______........____........._____.870, 877, 1213, 1454
HB 439--68-602--Amended--Motor common carriers.--------.287, 655, 1247
HB 665--69-101 thru 69-104--Repealed--Municipal
corporations -------------------------- -56, 74, 308, 589, 928
HB 691--73-222--Amended--Branding of petroleum
products ----_--------------------------_. 71, 103, 248, 616, 1205, 1452
HB 610--78-216--Amended--Pensions to widows of Confederate
Veterans ----________-----_____------------------------------823, 1247
SB 183--81-206--Amended--Divorce and alimony
actions _-------- -- -----------------_______.389, 398, 422, 471, 1376
SB 183--81-207--Amended--Divorce and alimony
actions ----.__----------------------..._----389, 398, 422, 471, 1376
SB 183--81-207.1--Amended--Divorce and alimony
actions ......._________.....-_________........-__._________........389, 398, 422, 471, 1376
SB 183--81-1003--Amended--Divorce and alimony
actions ----------------------------------------.389, 398, 422, 471, 1376
SB 183--81-1506--Amended--Divorce and alimony
actions .-..__...______......-._________..._..-_.__.____._.._.......389, 398, 422, 471, 1376
SB 298--84-201, 84-211--Amended--State Board of
Accountancy -.___----.------------------115, 116, 1222, 1224, 1372
HB 874--84-507--Amending--Practice of Chiro
practic ____________....._--________._..._.._______......----______ 303, 346, 387, 439, 816
HB 932-- 84-601 thru 84-611--Amended--Podiatry
._....._____..........______.-....._._______......_____.___..........._____.384, 420, 614, 824, 1248
HB 713--84-713--Amended--Board of Dental examiners-97, 123, 306, 360
HB 734--84-1422--Enacted--Real Estate brokers and
salesmen -.-----.---------------_-----100, 125, 307, 373, 684
SB 222--84-1424--Amended--Use of injunctions to enforce real
estate laws ____...._______._...._________......._____________.-_468, 492, 507, 688, 1255
INDEX
1471
HB 186--Ann. 84-927--Amended--Practice of medicine
by aliens ___.---__--___-__.____.__.____________________________.______________,,_ 328, 684
HB 932--84-9906--Amended--Podiatry ........._...__.__384, 420, 614, 824, 1248
HB 951--92-1403--Amended--Time for filing application for
tax refunds ................________............................412, 475, 693, 992, 1397
HB 891--92-1406--Amended--Bonds of motor fuel
distributors _________.__...-.._______..______________.__________338, 393, 617, 833, 1248
HB 677--92-3119--Amended--Long term capital
gains .__._....--____.___________________. 58, 76, 388, 657, 1112
SR 126--92-3201--Committee to study income tax law__810, 817, 1222, 1412
HB 789--92-3701--Amended--Tax for school lunch
program
_,, ... 171, 215, 309, 827, 1271, 1341
HB 1171--92-4101 thru 92-4104--Amended--Not applicable to City
of Blue Ridge ............................____________.867, 1010, 1096, 1106, 1451
HB 1051--92-4101 thru 92-4104--Amended--Not applicable to Town
of Flowery Branch _____..__._.................._........__.608, 696, 770, 785, 1251
SB 239--92-4611--Amended--Tax receivers not to make rounds in
counties of not less than 35,211 and not more than 35,220
population ..____..........._..________.__________________________424, 426, 479, 691, 1252
SB 240--92-4901--Amended--Tax collectors not to make rounds in
counties of not less than 35,211 and not more than 35,220
population .............__._.....-......-.-....-_...-_-.__..-___424, 426, 479, 691, 1254
HB 1000--92-6502--Amended--Refunds to tax
payers ......__________.-.____-_................-..-....__.-_._._450, 505, 617, 834, 1248
HB 1000--92-6503, 92-6504--Repealed--Refunds to tax
payers ..._____-_______.___.________.............................._.450, 505, 617, 834, 1248
HB 761--92-6912--Amended--Arbitration of tax assess
ments .................._-.-..........._______________-_____________..115, 175, 309, 640, 1112
HB 1106--92-6913--Amended--Penalty for failure to return property
for taxation in counties of 300,000 or
more .......___......................__.._._._______________506, 681, 774, 849, 884, 1400
SB 232--99-604--Amended--Old age assistance ________424, 426, 479, 693, 831
HB 762--102-102--Amended--Time of performance of privilege
or duty ._____.________.______________..____....____........-.........116, 175, 248, 286, 684
SB 31--Title 113--Amended--Wills and administration
of estates .._....-...__-...__......................-_.....__________.___................1345, 1458
HB 894--114-101--Amended--Workmen's Compensation, counties
included as employers ________.__.__._.________________.338, 394, 471, 736, 1248
HB 782--114-406--Amended--Workmen's Compensation, loss of
hearing _____ _-_..-.-_.._...__.________.._____________169, 213, 471, 822, 1164, 1231
COURTS
SUPREME COURT
HR 313-772d--Justices Emeritus may preside over other courts, proposed amendment to the Constitution ---_--_--____________________.._..-.--______.118, 176, 307, 662, 1114
HB 835--Service by justices emeritus ___.______._265, 310, 388, 661, 1164, 1165
COURT OF APPEALS
HR 313-772d--Judges Emeritus may preside over other courts, proposed amendment to the Constitution 118, 176, 307, 662, 1114
HB 835--Service by judges emeritus ......_--..__265, 310, 388, 661, 1164, 1165 SB 294--Social Security coverage for judges___.__859, 932, 1011, 1099, 1300
1472
INDEX
SUPERIOR COURTS
HB 772--Alapaha Judicial Circuit; compensation of solicitor-
general .--_.____.--.----_------------------__.117, 176, 213, 220, 466
HB 1158--Atlanta Judicial Circuit; compensation of solicitor-
general .______.____--------------------_________.865, 1008, 1096, 1103, 1457
HR 466-1120b--Atlanta Judicial Circuit; judges emeritus, proposed
amendment to the Constitution _...._.________765, 851, 874, 1018, 1455
HB 812--Blue Ridge Judicial Circuit; compensation of solicitor-
general
___..______245, 270, 308, 314, 466
HB 876--Cherokee Judicial Circuit; compensation of solicitor-
general ------------------------------------304, 347, 472, 482, 811
HB 654--Cobb Judicial Circuit; salary of solicitor
general ------------___--.----------..------44, 63, 122, 131, 390
HB 1018--Coweta Judicial Circuit; delete salary paid by
Troup County __________________----------------------499, 619, 768, 778
HB 1019--Coweta Judicial Circuit; place Solicitor on salary
basis ----------------------._.._______.--___.____----499, 619, 768, 779
HB 883--Dublin Judicial Circuit; compensation of solicitor-
general --------------------------__. 337, 392, 472, 550, 1002, 1230
HB 885--Dublin Judicial Circuit; Treutlen County
included ------------------___,,_____-- 337, 393, 472, 830, 1248
HB 667--Payette; terms .....__...,,______,,_,,--..--..--......Be, 74, 123, 405, 686, 732
HB 1120--Fulton; compensation of judges _______________.764, 851, 872, 905, 1401
HB 873--Griffin Judicial Circuit; salary of
official court reporter _ _ ------------------_303, 346, 472, 508, 856
HR 310-772a--Hall; law books _----------------__----117, 176, 213, 221, 467
HB 1161--Haralson; terms ------------------------866, 1008, 1096, 1104, 1452
HB 837--Judges pro hac vice, judges emeritus
may serve as ------------------------------.337, 393, 472, 550, 1000
HB 1139--Middle Judicial Circuit; compensation
of solicitor-general ------------------------842, 876, 1005, 1016, 1402
HB 884--Oconee Judicial Circuit; salary
of solicitor-general --------------------------337, 393, 472, 550, 1000
HB 885--Oconee Judicial Circuit; Treutlen
County excluded --__--------_----------------337, 393, 472, 830, 1248
SB 282--Recording of interests in land ............999, 1025, 1095, 1100, 1371
HB 1108--Rome Judicial Circuit; grand
jury terms ________----------------------------681, 774, 847, 882, 1400
HB 835--Service of judges emeritus ------_ 265, 310, 388, 661, 1164, 1165
SB 106--Social Security coverage for solicitors-general
and superior court judges ________------------------------1362, 1450
HB 1045--Solicitors-general in counties of over 300,000 may
appoint investigators --________------------------------607, 692, 701
SB 186--Solicitors-general retirement act
amended ________----------____._____------------467, 492, 506, 770, 1268
HB 1161--Tallapoosa Judicial Circuit; terms of Haralson
County Superior Court ----------------..865, 1008, 1096, 1104, 1457
HB 802--Waycross Judicial Circuit; compensation of
official court reporter ----------------------211, 249, 252, 274, 466
CITY COURTS
HB 985--Albany; judge's salary __._------------------448, 503, 690, 705, 1001 HB 1138--Athens; grand jury indictments _--..842, 876, 1005, 1015, 1402 HB 920--Blackshear; judge's salary ........................383, 418, 689, 703, 1000 HB 719--Camilla; compensation of judge
and solicitor ........--------.._._--------._...--.......98, 124, 172, 186, 391
INDEX
1473
SB 250--Jesup; rules, salaries, terms, costs, etc._____ 809, 817, 853, 872, 920 HB 837--Judges pro hac vice, judges emeritus
may serve as ____,,,,_____________---__,,_________________.-- 266, 310, 388, 661, 1247 HB 632--Leesburg; qualifications of judge
and solicitor ....________.-.._-...._.......___.___.___-..........17, 48, 121, 128, 289 HB 965--Ludowici; salaries, rules, etc. _...______________....414, 477, 615, 625, 930 HB 1097--Macon; deputy clerks ___________.__.__.________________680, 773, 847, 880, 1400 HB 858--Richmond; compensation of judge
and solicitor ______________________________,,_.______,,_ 301, 345, 388, 472, 480, 811 HB 827--Sandersville; court costs _-___.._...___________________247, 272, 308, 316, 467 SB 263--Savannah; compensation of clerk ________________631, 635, 701, 768, 788 HB 1114--Soperton; compensation of judge
and solicitor ___________.__.....___________________________...^..763, 850, 871, 902, 1401 HB 1151--Statesboro; costs, terms, rules____864, 1007, 1096, 1102, 1102, 1457 HB 1049--Stephens County; terms ____________________._________608, 696, 769, 784, 1251 SB 285--Walker County; judge's salary, jurors______810, 818, 853, 872, 919
CIVIL COURTS
HB 1126--DeKalb; name changed to Civil and Criminal Court of DeKalb County, procedure, salaries, etc. ____________________-____-__________766, 852, 872, 907, 1259, 1266
HB 1119--Fulton; chief deputy clerk and chief deputy marshal ________-___________________.____766, 852, 872, 907, 1259, 1266
HB 1054--Fulton; sales of personal property ._ .______609, 696, 769, 786, 1252
COUNTY COURTS
HB 731--Atkinson County; created _ .,,_ _
99, 125, 172, 187, 320
HB 658--Clinch; compensation of judge
and solicitor _,,______________-___._..,,_.______ _______-.-__-.-45, 64, 122, 132, 318
CRIMINAL COURTS
HB 1126--DeKalb; name changed to Civil and Criminal Court of DeKalb County, procedure, salaries, etc. -___--______.._.___________..__..____.766, 852, 872, 907, 1259, 1266
SB 305--Fulton; clerk and deputy clerks ___________ 926, 934, 1013, 1097, 1110
JUVENILE COURTS SB 270--Juvenile Court Act amended __ _________________.-809, 818, 853, 871, 1369
MUNICIPAL COURTS
HB 1113--Augusta; judge's secretary ______ ..._____________763, 850, 872, 901, 1401 SB 302--Savannah; salary of chief judge _________ 926, 934, 1013, 1097, 1110
COUNTIES AND COUNTY MATTERS--NAMED COUNTIES
HB 732--Atkinson; compensation of commissioners.. 99, 125, 172, 188, 320 HB 733--Atkinson; compensation of tax
commissioner ____......._____________________^_...^.____________100, 125, 172, 188, 320 HR 406-1005c--Atkinson; school superintendent, proposed amendment
to the Constitution ____________._..___.,, __________________451, 506, 690, 711, 1000 HR 378-894d--Bacon; board of education, proposed amendment
to the Constitution ____________________________^_,.^. .339, 394, 473, 526, 857
1474
INDEX
HB 1025--Bacon; primary elections ___,,________._______..._._ 500, 620, 768, 780, 1250 HB 1083--Baker; board of education ___......-...._...__._._678, 712, 847, 881, 1399 HB 1081--Baker; compensation of commissioners and
commissioners' clerk __________._.___.___________________678, 771, 847, 879, 1399 HB 753--Baldwin; board of commissioners.._.114, 174, 212, 217, 1085, 1088 HB 977--Baldwin; chairman of county
commissioners _____.__._______.__.__________________________447, 503, 690, 704, 1113 HB 979--Baldwin; county police force ...,,_ __________447, 503, 690, 704, 1113 HR 351-838c--Baldwin; tax for promoting industry, proposed
amendment to the Constitution ___.___......__.___.266, 311, 343, 351, 629 SB 287--Barrow; Winder-Barrow County Airport
Authority _______..........___.......__.____._............_____.810, 818, 853, 872, 1225 HB 1154--Bartow; commissioner of roads
and revenues _......______........._..__.................864, 1008, 1096, 1102, 1457 HB 680--Bartow; compensation of commissioners'
clerk ___._-_____,,____.._____ 58, 76, 122, 134, 290 HB 1039--Bartow; office of tax commissioner
created .........____........_______........._...._.._______.._..606, 694, 769, 782, 1250 HB 1040--Bartow; officers placed on salaries __.__,,. 606, 694, 769, 782, 1250 HR 269-687b--Bartow; school superintendent, proposed
amendment to the Constitution __........___......___60, 77, 122, 141, 857 HR 363-874e--Bibb; authority to General Assembly, proposed
amendment to the Constitution ____.........____.. 303, 347, 472, 515, 857 HB 726--Bleckley; compensation of ordinary .________. 99, 125, 172, 187, 319 HB 1150--Bulloch; compensation of clerks of the superior
court and their assistants in certain counties (1937 Act amended) ...............................GOS, 696, 769, 785, 1251 HB 724--Calhoun; compensation of commissioners __..98, 124, 172, 186, 319 HB 648--Camden; compensation of tax receiver _,,______._ 43, 62, 121, 130, 318 HR 415-1044b--Carroll; rescue squad, proposed amendment to the Constitution ........__.____.._._.______....._-_.607, 695, 769, 792, 1246 HR 473-1129a--Catoosa; board of tax administrators, proposed amendment to the Constitution ______766, 852, 872, 916, 1365, 1366 HB 1176--Catoosa; county commissioner _...________867, 1010, 1096, 1107, 1452 SB 288--Chatham; compensation of ordinary _________.__._._.________________________.859, 872, 923, 1011, 1097, 1109 SB 264--Chatham; compensation of tax commissioner _______.____.__________.___..._________________.____632, 635, 701, 768, 789
HR 460-1117b--Chatham; school tax, proposed amendment to the Constitution ......___.______..........__.-____..._...___.__.764, 850, 914, 1392
HB 635--Chatham; streets, sidewalks, etc. __....:...,,____.__. 18, 49, 121, 129, 289
SR 88--Chattahoochee; board of education; proposed amendment to the Constitution ........____._... 391, 397, 422, 690, 713
SB 137--Chattahoochee; sheriff's compensation._._690> 702, 787, 1450, 1450
HB 993--Cherokee; notice of intention to construct buildings _._...........___...______.._449, 504, 690, 705, 1085, 1088
HB 1089--Cherokee County; relating to Tax Commissioner .________...___............_....__.__._......... 679, 772, 873, 899, 1399
HB 1090--Cherokee County; change salary of certain officers ___._..._._._......_..___________.._.........._._________... 679, 772, 873, 900, 1399
HB 1152--Clarke; commissioners' compensation _______.............._......._..._..__......._864, 1007, 1096, 1102, 1457
SR 140--Clarke; fire, water, sanitation, and sewerage districts; proposed amendment to the Constitution .....__.._..____.__.....-......-...-..-..._._._.927, 933, 1012, 1097, 1326
INDEX
1475
HB 764--Clayton; commissioners of roads and revenues ____-_-.-...............__.____-__.-............__.116, 175, 213, 218, 465
HB 657--Clayton; compensation of chief deputy sheriff .___________................._.___-_.............__44, 63, 122, 132, 318
SB 244--Clayton; coroner's compensation ._.^..........469, 493, 507, 690, 707 HR 257-662g--Clayton; school bonds, proposed amendment
to the Constitution _________,,-,,,,________,, 46, 65, 122, 139, 628
SR 14--Clayton; school superintendent--proposed amendment
to the Constitution ,,____._____..____..________________.___.._______--.--.172, 179, 231
HB 656--Clayton; tax commissioner's
duties
----___.______,, ---.___.44, 63, 122, 131, 321, 331
HB 737--Cobb; compensation of deputy sheriffs.___.100, 126, 172, 188, 391
HB 740--Cobb; compensation of sheriff
and deputies ___________._______._______.________________._____100, 126, 172, 189, 391
HB 636--Cobb; Recreation Authority ____________._..............18, 49, 121, 129, 390 HR 354-847a--Colquitt; occupation taxes, proposed
amendment to the Constitution __......_......... 268, 312, 343, 353, 629 HB 1041--Bade; clerical employees for tax
commissioner _____.__-_.........._..__.__..-..-_........606, 694, 769, 782, 1250
HB 810--Dade; Water Authority ..........______--.-.......-_245, 270, 308, 314, 627 HB 956--Dawson; tax commissioner's
compensation -_-____.._..............____....-.-....._..___.413, 476, 615, 626, 1001 HR 444-1109c--DeKalb; assessment for garbage disposal, proposed
amendment to the Constitution ........___.._.__682, 775, 847, 891, 1394 HB 1125--DeKalb; compensation of officers.___765, 851, 872, 906, 1259, 1266
HB 936--DeKalb; election of school board members ..______--.-....-_......._.________-..-...._.______..._385, 420, 473, 489, 814
HR 442-1109a--DeKalb; ordinaries, business licenses,
recorder's court, proposed amendment to the Constitution ............______.._-.....-682, 774, 847, 849, 884, 1394
HB 937--DeKalb; pension system Act amended ,,_-385, 420, 473, 489, 815 HR 443-llOb--DeKalb; storm sewers, street lights, proposed
amendment to the Constitution ______,,.__.____.682, 774, 847, 888, 1394
HR 389-940a--DeKalb County; Commissioner of Roads and Revenue, enact ordinances __________....--_._______-___-_____.385, 421, 474, 537
HB 943--Dodge; board of commissioners of roads and revenues ._-.....-......._.___.-._........-_._____-....386, 421, 474, 491, 816
HB 878--Dodge; commissioner's clerk ............_.___.......304, 348, 472, 482, 812
HB 879--Dodge; compensation of clerk to tax commissioner ........________..............___.____.....304, 348, 472, 482, 812
HB 880--Dodge; compensation of ordinary ...,,___.__. 305, 348, 472, 482, 812
HR 430-1070e--Dodge; law book to clerk of superior court _______._........._.__.__________._.........._.611, 698, 769, 789, 1246
HB 981--Dooly County; expenses of Sheriff .........._._________.448, 503, 690, 705
HR 390-940b--Dougherty; Albany-Dougherty Payroll Development Authority, proposed amendment to the Constitution __.___............________._........_..._____.386, 421, 474, 540, 858
HB 911--Dougherty; Albany-Dougherty Payroll Development Authority, created ___.......,,.__._______......_ 381, 418, 473, 485, 860, 945
HR 362-874d--Douglas; bonded debt limit, proposed amendment to the Constitution _______._.......... 303, 347, 472, 513, 857
HB 1148--Douglas; zoning Act repealed _____.__..__..863, 1007, 1096, 1101, 1456
SR 140--Elbert; board of education, proposed amendment to the Constitution ......__.___.927, 933, 1012, 1097, 1326
HB 757--Elbert County; amend Tax Commissioners Act__115, 174, 212, 218
HB 756--Elbert County; Board of Commissioners............. 115, 174, 212, 218
1476
INDEX
HB 755--Elbert County; salary Clerk Superior Court and
the Ordinary ..-._._...--.-..,,..
115, 174, 212, 217
HB 630--Evans; compensation of ordinary ------___----17, 48, 121, 128, 288
HB 1170--Pannin; compensation of commissioner and
clerk of commissioner --------,,_____,,,,----861, 1010, 1096, 1106, 1451
HB 1046--Floyd; employees of clerk of superior
court and sheriff --------_,,___--------,___------607, 695, 769, 784, 1251
HB 1047--Ployd; tax commissioner's assistants ________________608, 696, 769, 784
SB 309--Forsyth; compensation of commissioners of
roads and revenues ________________________________..927, 933, 1012, 1097, 1330
SB 310--Forsyth; compensation of sheriff and clerk
of superior court ______________.________________._.______927, 933, 1012, 1097, 1330
SB 311--Porsyth; salary of tax
commissioner __.....__________.__._____.__________.__..__..927, 933, 1012, 1097, 1330
HB 1156--Fulton; Atlanta-Fulton County Education
Commission created _____________________ 864, 1008, 1096, 1103, 1365, 1387
HB 1067--Fulton; board of education employee's retirement
fund Act amended __________.____________.__-610, 698, 769, 786, 1157, 1230
HB 1143--Fulton; civil service board ------------..843, 876, 1005, 1017, 1402
HB 1077--Fulton; employees' retirement
Act amended ----_.--------_____--------------....677, 771, 846, 878, 1398
HB 1146--Fulton; employee's retirement system-__._______844, 877, 1005, 1402
HR 476-1142a--Fulton; Fulton County-City of Atlanta
Pension Study Commission ___.______________843, 876, 1006, 1017, 1393
HR 276-687i--Gilmer; board of education, proposed
amendment to the Constitution ----------------61, 78, 122, 160, 629
HB 666--Gilmer; terms of commissioners ___.__________________56, 74, 122, 133, 289
SR 104--Glynn; tax assessor, proposed amendment
to the Constitution _________________._._______,_____________392, 397, 422, 690, 716
HB 729--Gordon; fire protection district _------------99, 125, 172, 187, 319
HB 728--Gordon; sheriff's compensation ___._______.___.__._99, 125, 172, 187, 319
SR 123--Grady; taxes, proposed amendment to
the Constitution _______________________._______.___.___..________.___.________810, 852, 1020
SB 190--Greene; commissioners _._____.___________._____________208, 235, 251, 308, 316
HR 416-1044c--Hall; board of education, proposed
amendment to the Constitution ----------607, 695, 769, 794, 1246
HR 279-702a--Hall; fire protection districts, proposed
amendment to the Constitution _....__..___________.___....72, 768, 790, 1245
HR 310-772a--Hall; law books to superior court __.___.117, 176, 213, 221, 467
SB 314--Haralson; compensation of commissioner of
roads and revenues ____________________.____.___.1115, 1117, 1221, 1224, 1331
HB 1165--Haralson; office of tax commissioner
created ------...._.__.------------------,,.--.866, 1009, 1096, 1105, 1458
HB 917--Hart County; abolish Office of Treasurer..___._. 382, 418, 689, 703
HB 916--Hart County; create Board of Commissions of Roads
and Revenues ______.______.____...__._....._.____._...__..________....__.. 382, 418, 689, 703
HB 915--Hart County; nomination of persons elected ----382, 418, 689, 702
HR 303-744g--Henry; board of education, proposed
amendment to the Constitution _____._____________.102, 127, 172, 192, 392
HB 914--Henry; compensation of board of
education
.,,_,,_._._----
382, 418, 473, 486, 813
SB 220--Henry; fee system abolished __.______-_________.._. 275, 288, 313, 343, 350
SB 230--Houston; board oi commissioners ---_-.-__._-______--317, 322, 473, 550
HR 322-722m--Houston; board of education, proposed amendment to the Constitution ______------....119, 177, 213, 228, 629
HB 817--Irwin; election of commissioners _-__.._______.__246, 271, 308, 315, 466
INDEX
1477
HB 1027--Jasper; compensation of county treasurer _______._.._.____ 500, 620, 768, 780, 1250
SR 98--Jasper; law books to ordinary ___________________ 208, 234, 251, 308, 317 HR 258-662b--Jeff Davis; land conveyance to board
of education __..._.............___._______________________._._.....__..47, 65, 474, 568, 930 HB 816--Jeff Davis; board of commissioners of
roads and revenues ________________________._..._._______._________.__246, 271, 308, 315 HR 347-827e--Jefferson; investigation of school
conditions .._._.._.__.__.......__... 248, 273, 470, 580, 621, 746, 1252, 1260 HB 889--Johnson; compensation of
commissioner ........_..._...__.___.______________.._________.._338, 393, 472, 483, 812 SB 306--Jones; expenses of county
commissioners _____ ..........______________________________926, 934, 1013, 1097, 1227 HB 814--Lanier; compensation of commissionerS-___.245, 271, 308, 314, 466 HB 631--Lee; compensation of ordinary __________________.___17, 48, 121, 128, 288 HR 274-687g--Liberty; Industrial Authority, proposed
amendment to the Constitution _______._..._.___.____60, 78, 122, 158, 1454 HB 964--Long; compensation of ordinary _____.......____414, 477, 615, 625, 930 HR 379-894e--Lowndes; board of education, proposed
amendment to the Constitution ________ 339, 394, 473, 530, 1260, 1289 HR 380-894f--Lumpkin; bonded debt, proposed amendment
to the Constitution .._._____.__________..____________......_ 339, 394, 473, 535, 858 HR 347-827e--Lumpkin; investigation of school
conditions ..._.___________..___.__. 248, 273, 470, 580, 621, 746, 1252, 1260 HB 893--Lumpkin; tax commissioner's salary __._______338, 394, 472, 484, 812 HB 634--Mitchell; commissioners' salaries ____._..__________18, 49, 121, 129, 289 HB 826--Morgan; compensation of
commissioners ..__....__..__.........____._....__._...._......._.247, 272, 308, 316, 467 HB 651--Murray; clerk of board of roads
and revenues _______________.___.....-_______________.. ...__________44, 63, 122, 131, 318 HB 808--Murray; streets abandoned ____________.._______..__.245, 270, 308, 313, 627 HB 830--Muscogee; Coluinbus-Muscogee County
Planning Commission ___..........__._________________...265, 310, 343, 348, 628 HB 832--Muscogee; pension funds .............________________265, 310, 343, 349, 628 HB 918--Oconee; commissioners' compensation _____ 382, 418, 473, 486, 813 HB 1035--Paulding; coroner's compensation _._______.__605, 694, 768, 781, 1250 HR 312-772c--Pickens; board of education, proposed
amendment to the Constitution ___.____..__..._....________118, 176, 213, 221 HR 259-662i--Pierce; board of education, proposed
amendment to the Constitution ____________________ ___47, 65, 122, 152, 628 HR 300-744d--Polk; bonded indebtedness, proposed
amendment to the Constitution _______________ ____102, 127, 172, 190, 392 HB 962--Polk; compensation of coroner ____________________414, 477, 615, 625, 930 HB 796--Polk; county attorney .....__..._._.......________________210, 249, 252, 273, 627 HB 795--Polk; travel expenses of chairman of
county commissioners ___________..__,,__________. ________ 210, 249, 252, 273, 627 HB 1080--Pulaski; office of tax commissioner
created __________________________________________________________ _678, 771, 847, 881, 1398
HB 1077--Richmond; purchase and sale of supplies and materials ________________________________677, 771, 846, 878, 1398
HR 252-662b--Schley; board of education, proposed amendment to the Constitution _________46, 64, 122, 150, 417, 1454
SR 121--Seminole; tax for promoting industry, proposed amendment to the Constitution ............_.____________632, 633, 699, 806
HR 455-1109n--Spalding; justice courts abolished, other courts created, proposed amendment to the Constitution . _.______849, 872, 909, 1395
1478
INDEX
HB 1050--Stephens; compensation of commissioners of roads and revenues ._____________________.-.-........608, 696, 769, 785, 1251
HB 1167--Stephens; qualification fee for commissioner candidates ..................._.866, 1009, 1096, 1105, 1451
SR 92--Stewart; board of education, proposed amendment to the Constitution ____..___________392, 397, 422, 474, 547
HB 1037--Stewart; deputy commissioner of roads and revenues __________________.___.___.__._....605, 694, 769, 781, 1250
HB 741--Sumter; employees' pension plan amended _______________.._.___..............___.._........101, 126, 172, 189, 320
HR 314-772e--Telfair; land conveyance authorized _______.___..__________._________._______..........._118, 176, 474, 570, 1000
SR 127--Terrell Development Authority ....._--~--__810, 817, 852, 872, 921 HR 418-1044e--Terrell; Development Authority, proposed
amendment to the Constitution ___._..________607, 695, 769, 797, 1246 HR 456-1112a--Tift; Tifton-Tift County Development Authority,
proposed amendment to the Constitution _.____..._849, 872, 909, 1395 HB 716--Toombs; employment of certified
public accountant .._......._........._........_.-_-___-____-97, 124, 172, 185, 463 HB 703--Troup; board of commissioners of
roads and revenues ....___......-.....................73, 105, 122, 135, 290, 935 HB 1115--Treutlen County; relating to Tax
Commissioner .............._......................_............763, 850, 871, 902, 1401 HB 1017--Troup Judicial Circuit; create ________,__________.._.....-............499, 619, 874 SB 283--Troup County; establish Civil Courts __________________._____927, 932, 1011 HR 368-877a--Turner; board of education, proposed
amendment to the Constitution ____.__.._-._.-..304, 347, 473, 523, 857 HB 633--Walton; board of commissioners ________.__..__-18, 48, 121, 129, 289 HB 1007--Ware; use of voting machines _._,,.--._....497, 618, 768, 777, 1248 HR 414-1044a--Warren; law books to clerk of
superior court ____________________....._..._._____._____.606, 695, 769, 789, 1246 HR 392-940d--Washington; board of education, proposed
amendment to the Constitution _____...___....._..386, 421, 474, 543, 858
HR 364-874f--Wayne; board of education, proposed amendment to the Constitution ._...._.__..-.....304, 347, 472, 520, 857
HB 1109--White; commissioners of roads and revenues -..._.......-......-_.-...__......682, 774, 847, 882, 1259, 1361
HB 649--Wilkes; board of commissioners ____.-.-...-......-..________43, 63, 121, 130
HR 251-622a--Wilkes; board of education, proposed amendment to the Constitution ......_-...-.-.......__45, 64, 122, 136, 628
COUNTIES AND COUNTY MATTERS--BY POPULATION
HB 978--Additional compensation to sheriffs in counties of not less than 4,520 and not more than 4,820 population __._.._._______________________-_-___.447, 503, 690, 704, 1113
HB 645--Appointment of tax assessors in counties of not less than 29,050 and not more than 30,275 population .........................._.._..........._...43, 62, 172, 180, 317
HB 765--Boards of electrical examiners in counties of not less than 22,650 and not more than 23,450 population ___.._.__-_..-..._..____....._.116, 175, 213, 219, 811
HB 935--Clerk to Commissioner of roads and revenues in counties of not less than 9,135 and not more than 9,210 population _______-__......_.._-.--~~-~385, 420, 473, 489, 814
INDEX
1479
HB 1150--Compensation of clerk of the superior court
and their assistants in certain counties, [Bulloch],
1937 Act amended _________________.._.___.___.._864, 1007, 1096, 1102, 1456
HB 759--Compensation of coroners in counties having not
less than 115,000 and not more than
119,900 persons _._.._...__._________________________.____-._..115, 174, 213, 218, 465
HB 1082--Compensation of members of county boards of
education in counties not less than 2,952 and not
more than 2,962 population ____.____.___._________678, 772, 847, 880, 1399
HB 1117--Compensation of sheriffs in counties not less than 34,500
and not more than 36,500 persons ____....... 763, 850, 872, 905, 1401
HB 935--Compensation of tax commissioner in counties of not less
than 9,135 and not more than 9,210
persons ,,_,,.,,......,,_._____.__---.385, 420, 473, 489, 814
SB 181--Coroners' compensation in counties of not less
than 108,000 and not more than
112,000 population .,,..___._._,,_..___.______________.... 208, 234, 251, 308, 316
HB 1029--Costs in small claims courts in counties of not
less than 33,500 and not more than
33,990 population _.._.._...........................-.-_._604, 693, 768, 780, 1250
HB 692--Counties having population of not less than
39,000 and not more than 43,000 authorized to
license auctions and auction houses _--.,,--,, 71, 103, 123, 440, 815
HB 1015--County boards of tax assessors in counties of
not less than 30,500 and not more than
31,000 population ....._......_._...........................498, 618, 768, 778, 1249
HB 615--County Planning Commission, in
certain counties ........................._..._......_______.._..871, 877, 1017, 1393
HB 646--County Police; appointment of in certain
counties ____,,,,_._
_^____.__________..43, 62, 121, 130
SB 308--Employees of ordinaries of all counties having a
population of not less than 108,000 and not more
than 114,000 persons ..._,,....,,..,,........._.... 927, 933, 1012, 1097, 1227
HB 972--Expense accounts for county commissioners in
counties of not less than 4,050 and not more
than 4,500 population ___..,,__________________--_____446, 502, 689, 703, 1113
HB 699--Fees to peace officers as witnesses in counties of 300.000 or more population; Code 38-1501 amended ..........72, 104, 248, 465
SB 303--Joint city-county boards of tax assessors in counties having within its borders all or the greater part of 300,000 or more persons ____.____._________...._.926, 934, 1013, 1097, 1110
HB 821--Legal hours for commercial fishing in counties of not less than 7,320 and not more than 7,620 population ___..__.___._______________._.....,,__....... ...........246, 271, 308, 315
HB 1106--Penalty for failure to return property for taxation in counties of 300,000 or more persons .._.______.__........_.......____.__._....._..606, 681, 774, 849, 884, 1400
HB 681--Pin Ball Machine; regulate in certain counties ._....._.___-____58, 76
HB 627--Pin Ball Machines; prohibit use in certain localities _._____.____17, 48
HB 890--Planning and Zoning Commissions in counties of not less than 108,000 and not more than 112,000 persons, 1951 Act amended ......................._.338, 393, 472, 483, 812
HB 766--Plumbing installations regulated in counties of not less than 22,700 and not more than 23,000 persons ......___._...._____._..._.._._______...-____.___116, 175, 213, 219, 465
1480
INDEX
HB 647--Primary election in counties of not less than 29,050 and not more than 30,250 persons ..______43, 62, 121, 130, 289
SB 247--Small Claims Courts in counties of not less than 18,923 and not more than 18,996 persons _____________ 469, 493, 508, 848, 920
HB 1045--Solicitors-general in counties of over 300,000 persons may appoint investigators ________________________607, 692, 701, 1110, 1456
SB 240--Tax collectors not to make rounds in counties of not less than 35,211 and not more than 35,220 population __ ________________________________________----424, 426, 479, 691, 1254
HB 744--Tax commissioners not required to make rounds in counties of not less than 6,950 and not more than 7,000 persons __________ _^.____._______________101, 126, 172, 189, 391
HB 831--Tax on pin ball machines in counties of not less than 20,300 and not more than 20,900 persons ______________________________________ ..___--____.265, 310, 343, 349, 628
SB 239--Tax receivers not to make rounds in counties of not less than 35,211 and not more than 35,220 population ----------____________________--------424, 426, 479, 691, 1252
SB 52--Voters' registration Act amended as to counties having within their borders municipalities having a population of 300,000 or more persons ________752, 770, 854
HB 995--Warm Air Heating Contractors Act applicable in counties of over 60,000 population ----------------449, 505, 690, 706, 1002
HB 616--Warm Air Heating Contractors Act applicable in counties of not less than 62,850 and not more than 108,000 popula tion ,,------------------------__-. 121, 127, 179, 464
HB 1137--Zoning and planning boards in cities and counties having pop ulation of more than 300,000 persons--842, 875, 1005, 1016, 1402
HB 1121--Zoning and Planning Ordinances, in certain counties _________.------____.____.__----765, 851, 872, 905, 1401
MUNICIPAL CORPORATIONS--NAMED CITIES
SB 265--Acworth; corporate limits ___________________809, 817, 853, 872, 919
HB 619--Adairsville; name changed to City of Adairs-
ville _-..,,_--_--_-____________----.-,,_------------121, 128, 180, 390
HB 923--Adel; corporate limits ___..----------_._.___._______ 383, 419, 473, 487, 814
HB 390-940b--Albany; Albany-Dougherty County Development Au
thority, proposed amendment to the
Constitution _
__ ..--------------386, 421, 474, 540, 858
HB 911--Albany; Albany-Dougherty County Payroll Development
Authority, created ______ ------_____________381, 418, 473, 485, 860, 945
HB 948--Albany; charter amended ----------______________412, 475, 615, 623, 929
HB 947--Albany; charter amended _________________ ___...._.,, 412, 475, 615, 623, 929
HB 1009--Albany; charter amended .__.___.._..----------___412, 475, 615, 623, 929
HB 1012--Albany; corporate limits, wards__......._______498, 618, 768, 778, 1249
HB 952--Albany; revocation of licenses.....-....--....--.412, 476, 615, 623, 929
HB 1075--Alma; alley abandoned _____________._..__--------677, 771, 846, 878, 1398
HB 1132--Alma; corporate limits ___----------------842, 875, 1005, 1014, 1402
HB 1156--Atlanta; Atlanta-Fulton County Educational Commission
created
. -864, 1008, 1096, 1103, 1365, 1387
HB 701--Atlanta; charter amended _______________________---72, 104, 172, 185, 318
HB 1062--Atlanta; charter amended _____________________________ _72, 104, 172, 185, 318
HB 700--Atlanta; corporate limits __________ ___________.____72, 104, 172, 185, 318
HB 1133--Atlanta; corporate limits ____.___.___.__.___------.72, 104, 172, 185, 318
HB 1136--Atlanta, City of; amend charter --------------.842, 875, 1006, 1014
INDEX
1481
HB 1145--Atlanta, City of; amend charter relating to legal
holidays ._.._._._._._..........._..._...__...__...__844, 877, 1005, 1014, 1015, 1260
HB 841--Atlanta; street improvements .------------267, 311, 343, 349, 1112
HB 865--Atlanta; employees -----------------------302, 345, 472, 508, 1112
HR 476-1142a--Atlanta; Fulton County-City of Atlanta Pension
Study Commission --------_._...----------..-843, 876, 1006, 1017, 1393
HB 1078--Augusta; corporate limits --------.--------677, 771, 847, 880, 1398
HB 1076--Augusta; corporate limits ------------------677, 771, 846, 878, 1398
HB 705--Austell; charter amended _______________________________73, 105, 122, 135, 318
HB 669--Bainbridge; charter amended ________________________-57, 75, 122, 133, 290
HB 785--Bainbridge; corporate limits _______________________ 169, 214, 249, 253, 466
HB 1088--Ball Ground; name changed ---------------679, 772, 847, 878, 1400
HB 921--Blackshear, City of; amend charter ---..----------------------383, 419
HB 940--Blakely; corporate limits ----........_--------385, 421, 473, 489, 815
HB 1169--Blue Ridge; charter amended ....._...___.867, 1009, 1096, 1106, 1451
HB 1171--Blue Ridge; Code 92-4101 thru 92-4104 not
applicable -------------------_----.------867, 1010, 1096, 1106, 1451
HB 1172--Blue Ridge, City of; limit maximum ad valorem
tax rate ___________________________________________________._.867, 1010, 1096, 1106, 1452
HB 1142--Bowdon; recorder _____._.___.___..._.__...._.___..____. 843, 876, 1005, 1016, 1402
HB 1162--Bremen; educational tax .......................865, 1009, 1096, 1104, 1458
HB 1164--Bremen; elections
_ 866, 1009, 1096, 1105, 1458
HB 1163--Bremen; street improvements ______________865, 1009, 1096, 1104, 1458
HB 776--Brunswick; charter amended _____________________ 120, 178, 213, 220, 627
HB 861--Cairo; elections _.__._._.__.___.____._............................301, 345, 472, 481, 811
HB 722--Calhoun; charter amended, corporate
limits --.....-.------------------------------98, 124, 172, 186, 319
HB 730--Calhoun; recorder's court _______.____._________._______..99, 125, 172, 187, 319
HB 994--Canton; charter amended ------------------449, 504, 690, 706, 1001
HB 996--Canton; corporate limits ------------------450, 505, 690, 706, 1002
HB 1095--Canton; wards __._.....___....__.__________________.__.__.__680, 773, 847, 880, 1400
HB 887--Carnesville; corporate limits ........................337, 393, 472, 483, 812
HB 675--Cartersville; charter amended .................._.......58, 75, 249, 253, 465
HB 678--Cartersville; charter amended----58, 76, 122, 135, 168, 180, 391
HB 963--Cedartown; charter amended .______._._.____..__.__.414, 477, 615, 625, 930
HB 798--Centerville; chartered __..__......____._._._.___..._.... 210, 249, 252, 274, 466
HB 959--Chamblee; charter amended ._._...... 413, 476, 615, 625, 1002, 1210
HB 652--Chatsworth; charter amended ............__..._....._.__44, 63, 122, 131, 318
HB 664--Chipley; name changed to Pine Mountain..... 56, 74, 122, 132, 289
HB 925--Claxton; charter amended -----------------383, 419, 473, 487, 856
HB 1052--Clermont; charter amended __________________.____.608, 696, 769, 785, 1251
SB 246--Cobbtown; charter amended ----------,--469, 493, 508, 690, 708
HB 1002--College Park; charter amended .............__-450, 505, 690, 707, 1002
HB 1003--College Park; charter amended........---....451, 505, 690, 707, 1002
HB 906--College Park; city manager ----------------341, 396, 472, 485, 813
HB 1001--College Park; corporate limits _________________ 450, 505, 690, 706, 1002
HB 1024--College Park; corporate limits--------------500, 619, 768, 779, 1249
HB 905--College Park; corporate limits ___..._.___..__.__..341, 396, 472, 485, 813
HB 900--College Park; corporate limits --------------340, 395, 472, 485, 812
HB 1129--College Park; corporate limits ------------450, 505, 690, 706, 1002
HB 958--College Park; repaving of streets................. 413, 476, 615, 624, 929
HB 830--Columbus; Columbus-Muscogee County Planning
Commission ________________.___.______._.........................265, 310, 343, 348, 628
HB 982-856--Coolidge; charter amended __..____............413, 476, 615, 626, 1001
HB 856--Coolidge; charter -,,,,.------------------------300, 344, 471, 480, 811
HB 1079--Cordele; corporate limits .........._...__--------677, 771, 847, 884, 1398
SB 251--Cornelia; corporate limits __._._____..__..________.___469, 493, 508, 690, 707
1482
INDEX
HB 1013--Covington; charter amended __._----------498, 618, 768, 778, 1249 HB 1124--Dallas; council-manager form of
government _-__________________765, 851, 872, 906, 1260, 1331 HB 672--Dalton; charter amended _____.___.___._. 57, 75, 122, 133, 290 HB 924--Donalsonville; charter amended .________383, 419, 473, 487, 814 SR 120--Donalsonville; conveyance of land from State
authorized ._.___----_._______-__-___._-_______________632, 633, 699, 848, 1296 HB 941--Doraville; charter amended _______________________ 386, 421, 473, 490, 815 HB 1127--Doraville; corporate limits -..-......766, 852, 872, 909, 1260, 1268 HB 896--Douglas; distribution of natural or manufactured
gas _------_______-------------------------- 339, 394, 472, 484, 813 HB 848--Duluth; new charter .._------_----------268, 312, 343, 350, 632, 820 HB 944--Eastman; corporate limits ------------------387, 421, 474, 491, 815 HB 871--East Point; charter amended _____________........ 302, 346, 472, 481, 811 HB 1023--East Point; corporate limits ....................500, 619, 768, 779, 1249 HB 899--East Point; corporate limits ......------.......500, 619, 768, 779, 1249 HB 899--East Point; corporate limits ........................340, 395, 472, 484, 812 HB 870--East Point; corporate limits ....................... 302, 346, 472, 481, 811 HB 872--East Point; corporate limits ___.._.____...302, 346, 472, 482, 931, 980 HR 360-874b--East Point; off street parking, proposed amendment
to the Constitution _______________________ 303, 347, 472, 511, 857 HR 359-874a--East Point; use of tax funds, proposed amendment
to the Constitution ______----------------__------ 303, 346, 472, 509, 857 HB 938--Eatonton; charter amended ............385, 420, 473, 489, 1085, 1087 HB 1031--Elberta; created and chartered ......605, 693, 768, 781, 1156, 1209 HB 781--Elberton; charter amended ----------169, 213, 249, 253, 859, 956 HB 710--Ellijay; recorder's court ----------------------_ 96, 123, 172, 185, 319 HB 711--Ellijay; salaries ----______----____._.__.____________._.____.97, 123, 172, 185, 319 HB 968--Fairburn; charter amended __--_________...........415, 477, 615, 626, 930 HB 806--Fayettevllle; election hours .-__......____....___..._211, 249, 252, 274, 811 HB 804--Fayetteville, City of; amend charter ___._------____. 211, 249, 252, 274 HB 1051--Flowery Branch; Code 92-4101 thru 92-4104 not
applicable _____________........_.............._______________608, 696, 770, 785, 1251 HB 1104--Forest Park; charter amended ..__________...681, 774, 872, 901, 1400 HB 834--Gainesville; charter amended ....________.265, 310, 343, 349, 628 HB 1022--Garden City; corporate limits ___________------499, 619, 768, 779, 1249 HR 340-806b--Georgetown; land conveyance _________ 212, 251, 474, 572, 857 HB 1128--Glennville; charter amended _____________766, 852, 872, 909, 1401 HB 1048--Glenwood; new charter .._._,,__.______..--------608, 696, 769, 784, 1251 HB 1010--Griffin; corporate limits ----------.--------498, 618, 768, 777, 1249 HB 745--Hampton; name changed to City of Hampton,
corporate limits __----------__._._.. 113, 173, 212, 216, 1002, 1084 HB 1093--Holly Springs; name changed to City of Holly
Springs _.__.__.___________________.__.______._679, 773, 847, 879, 1399 HB 1042--Jonesboro; corporate limits .___.....--..----606, 694, 769, 782, 1251 HB 989--Kennesaw; corporate limits, charter
amended _____________________.____________449, 504, 690, 705, 1001 HB 1173--Kite; charter amended ____________867, 1010, 1096, 1106, 1452 SB 286--LaFayette; city manager form of govern
ment ________.-_--____-______-_.___-___-_-_.________.__810, 818, 853, 872, 920 HB 815--Lavonia; charter amended ._________________246, 271, 308, 314, 627
HB 1096--Lawrenceville; corporate limits ___________._680, 773, 847, 880, 1400
HB 725--Leary; name changed, charter amended---- 99, 125, 172, 186, 319
SB 284--Linwood; charter amended -.___._________________.810, 818, 853, 872, 919
HB 770--Louisville; elections .__.____.______________.117, 176, 213, 219, 632, 721
HB 1074--Ludowici; charter amended ___._.___.677, 771, 846, 883, 1398
INDEX
1483
HB 717--Lyons, City of; change corporate
limits
___._._..._________97, 124, 172, 185, 1156, 1180
HB 747--McDonough; corporate limits ___..__.____________114, 173, 212, 216, 1112
HB 969--Macon; alley closed _______.____._________________________..415, 478, 616, 626, 930
HB 974--Macon; corporate limits ______________________________447, 502, 689, 704, 1001
HB 1166--Macon; corporate limits _
___ 866, 1009, 1096, 1105, 1451
HB 685--Macon; disposition of property ratified _______ 59, 77, 122, 134, 290
HB 1160--Macon, City of; change compensation of officers _._..._._.__ 865, 1008
HB 1159--Macon; recorder's court ._.._._..........865, 1008, 1096, 1104, 1457
HB 738--Macon; recorder's court clerk __.._._.__..._.,,_. 100, 126, 172, 188, 320
HR 482-1165a--Macon; safety of buildings proposed amendment to
the Constitution ____________..________________________866, 1009, 1097, 1107, 1455
HB 1073--Manor; incorporated ________________________________ 677, 771, 846, 883, 1398
HR 332-787a--Marietta; board of lights and waterworks, proposed
amendment to the Constitution ..............____..171, 215, 249, 253, 629
HB 819--Marietta; corporate limits, election
hours, etc. ___________________________________________________ 246, 271, 308, 315, 627
HB 954--Milan; charter amended ___________.___.._..........._.. 413, 476, 615, 624, 929
HB 696--Milledgeville; charter amended--71, 104, 122, 134, 391, 595, 809
HB 1026--Monticello; corporate limits ...__..__._.500, 620, 768, 780, 1156, 1158
HB 1103--Moultrie; corporate limits .____________________.____681, 774, 847, 882, 1400
HB 763--Mountain View; charter abolished ___.._.._..._ 116, 175, 213, 218, 465
HB 1141--Municipal Corporations; taxes for Ordinary
current expenses ____.___________.__._______._____.___________________843, 874, 876, 877
SB 301--Nelson; name changed to City of Nelson,
charter amended . . ..
___926, 934, 1012, 1097, 1227
HB 886--Newnan; charter closed ____________._____..____.____.337, 393, 472, 483, 1112
HB 621--Newton; charter amended .__..__..___.__
121, 128, 180, 317
HB 679--Omega; name changed, charter amended ______ 58, 76, 122, 134, 290
HB 664--Pine Mountain; name changed from Town of
Chipley __----.-.... 56, 74, 122, 132, 289
HB 1130--Pineora; incorporated ._....._........__._._..______841, 875, 1005, 1016, 1401
HB 909--Portal; charter amended ____________________________ 341, 396, 472, 485, 856
HB 955--Port Wentworth; charter amended............413, 476, 615, 624, 1001
HB 964--Port Wentworth; charter amended ......__....414, 477, 615, 625, 930
HB 906--Powder Springs; charter amended ___________ ____73, 105, 122, 135, 319
HB 1140--Quitman; charter amended _._.___.________.___843, 876, 1005, 1017, 1402
HB 922--Rockmart; corporate limits _________________________ 383, 419, 473, 486, 813
HB 1157--Rome; charter amended ____________....___.....865, 1008, 1096, 1103, 1457
HB 1100--Savannah, City of; amend charter relative to
Police Court
__.__..._....
680, 773, 847, 882
HB 1149--Savannah, City of; closing of Registration
Books __...__.__._________________________________.._______.-.-...___......864, 1007, 1096, 1101
HB 1099--Savannah; authority to abandon street... 680, 773, 847, 881, 1400
HB 942--Savannah; charter amended ._._....__________._386, 421, 473, 490, 815
HB 954--Savannah; charter amended _________.________..___.413, 476, 615, 624, 929
HB 927--Silvertown; charter amended ........................384, 419, 473, 487, 814
HB 930--Silvertown; charter amended ____.,,.____.____.____384, 419, 473, 488, 814
HB 928--Silvertown; charter repealed __._.....__..__..,,..___384, 419, 473, 488, 814
HB 739--Smyrna; charter amended __..............100, 126, 172, 189, 197, 1456
HB 704--Smyrna; corporate limits ________..__...__________....___73, 105, 122, 135, 318
HB 1147--Spalding; charter abolished _______863, 1007, 1015, 1096, 1101, 1456
HB 1033--Stapleton; charter amended ....................__605, 694, 769, 781, 1250
HB 748--Statesville; corporate limits ......._.._...........__114, 173, 212, 217, 465
HB 746--Stockbridge; corporate limits ____....__....._.._.113, 173, 212, 216, 1112
HB 860--Sugar Hill; corporate limits ____.__________.________301, 345, 472, 480, 811
HB 1153--Sugar Hill; taxation ___...._......................864, 1008, 1096, 1102, 1457
1484
INDEX
HB 845--Swainsboro; corporate limits _.__..__________________268, 312, 343, 350, 628 HB 967--Taxation; municipalities and counties -___._________--_______414, 477, 770 HB 953--Thomasville; charter amended __.__.___...___..___413, 476, 615, 624, 929 HB 926--Thomaston; corporate limits .._____________.___.... 383, 419, 473, 487, 814 SB 289--Thunderbolt; recorder's court ____858, 932, 1011, 1221, 1228, 1451 HB 1112--Tifton; charter amended ___________________________763, 849, 872, 901, 1400 HB 1111--Tifton; corporate limits _____________________.____....762, 849, 872, 901, 1400 SB 245--Tifton; public utilities ________________________.__....._.469, 493, 508, 690, 707 HR 456-1112a--Tifton; Tifton-Tift County Development Authority,
proposed amendement to the Constitution__________ 849, 872, 909, 1395 HB 929--Thomaston; corporate limits extended ______ 384, 419, 473, 488, 814 HB 1085--Toccoa; corporate limits ___.__..._.._._._..._.__._____678, 772, 847, 881, 1399 HB 1032--Valdosta; city manager ._.._..._._....._____...__._..605. 694, 769, 781, 1250 HB 1014--Van Wert; charter dissolved ___________________ 498, 618, 768, 778, 1249 HB 1087--Vernonburg; charter amended ________679, 772, 847, 879, 1259, 1337 HB 919--Vidalia; charter amended _..._____._._.___.._________383, 418, 473, 486, 813 HB 778--Vienna; charter amended _____________________.......120, 178, 213, 221, 466 HB 1091--Waleska; named changed from town
to city ____________________._......_-__.____....__.______.___..__.____679, 773, 847, 883, 1399 SB 304--Warner Robins; charter amended _______ 926, 934, 1013, 1097, 1225 HB 1044--Warrenton; charter amended ____________________606, 695, 769, 784, 1251 HB 662--Washington; new charter ________________________________45, 64, 122, 132, 289 HB 1008--Waycross; use of voting machines __________497, 618, 768, 777, 1249 HB 650--Waynesboro; corporate limits _________._.___.._....___.43, 63, 121, 131, 390 SB 313--Winder; city manager form of govern
ment ______________________________________________________ 1003, 1026, 1098, 1101, 1228 SB 295--Winder; corporate limits _______________________ 858, 932, 1011, 1097, 1225 SB 287--Winder; Winder-Barrow County Airport
Authority ..........._.__..__...._._._...__....____.__..__.________810, 818, 853, 872, 1225 HB 1094--Woodstock; name changed ._._._._._...-________...680, 773, 847, 883, 1399 HB 1144--Wrightsville; corporate limits _.._________._._..........844, 876, 1005, 1402 HB 1177--Wrightsville, City Court of _________.____________________________1003, 1098, 1224
MUNICIPAL CORPORATIONS--BY POPULATION
HB 1069--Act providing for pensions for members of fire departments in cities of more than 150,000 amended 611, 698, 769, 787, 1398
HB 931--Act providing for pensions for members of fire departments in cities of more than 150,000 amended...... 384, 420, 615, 621, 1001
HB 1155--Act providing for pensions for members of fire departments in cit:es of more than 150,000, amended __.._._.._..____..____....____._____________________864, 1008, 1096, 1103, 1457
SB 303--Joint city-county board of tax assessors in counties having within its borders all or the greater part of 300,000 or more ____________________________.._.________.__________........ 926, 934, 1013, 1097, 1225
HB 1016--Pension Act applying to cities of over 150,000 population amended ._...___.........._..............._.....__..._.________ __499, 619, 871, 900, 1397
HB 1070--Pension benefits for policemen in cities of 150,000 population or more, Act amended __ _____._______..__.___._........611, 698, 769, 787, 1398
SB 29--Primary elections in cities of 200,000 or more population _._____________._____________________________________.._1221, 1223, 1329, 1450
HB 934--Traffic Courts in cities of over 300,000--1955 Act amended ____________..........._........._._..................... 385, 420, 473, 488, 1001
HB 1137--Zoning and planning boards in cities and counties having population of more than 300,000 persons .............___________________________________________842, 875, 1005, 1016, 1402
INDEX
1485
RESOLUTIONS AUTHORIZING COMPENSATION
HR 361-874c--American News Company;
compensation _----------_____.___.._,,--__------303, 347, 767, 937, 1395
HR 429-1070d--C. A. Arnold; compensation___________ 611, 698, 844, 938, 1396
HR 483-1167a--Charles Barnett; compensation _____--------_______866, 1009
HR 325-773b--William H. Beall; compensation.___..___.119, 177, 613, 936, 1397
HR 450-1190i--Brooks A. Bird; compensation.----683, 775, 869, 1023, 1394
HR 355-847b--James S. Bonner ----------------------.268, 312, 687, 937, 1395
HR 302-744f--Sim Brown; compensation ------------102, 127, 767, 935, 1397
HR 262-6621--Mrs. Miller Braxley; compensation ------------__.___------47, 65
HR 445-1109d--Bob Burel; compensation ------------682, 775, 844, 938, 1394
HR 344-827b--Grady Emmitt Burgess;
compensation __------------------------.----248, 272, 844, 937, 1395
HR 509-1178a--W. O. Cagle; compensation _____.------------------.1094, 1223
HR 318-772i--Chandlers Variety Store; compensate ----------.------118, 177
HR 281-702c--John Henry Chapman ------------...___----73, 470, 565, 1114
HR 59-148f--J. S. Clements; compensate --____..--------------No Action in 1958
HR 108-339a--T. W. Clift; compensation ------------------.No Action in 1958
HR 244-635b--J. W. Cole; compensation --------._.------------------____._-18, 49
HR 356-847c--1st Lt. Charles H. Cox, Jr.;
compensation ------------------------------268, 312, 687, 937, 1395
HR 195-588a--Mr. and Mrs. Lynn Daniel; compensation.----..776, 939, 1396
HR 35-93a--J. J. Dollar; compensation ___--------------_.No Action in 1958
HR 282-702d--Wilma Hulsey Dorsey; compensation ..------------------_----.___73
HR 83-260a--Hubert L. Dyar; compensation ___.___________________No Action in 1958
HR 453-11091--Bryant Eaves; compensation __ .
_--------_--683, 775
HR 343-827a--James H. Edwards; compensation----247, 272, 613, 936, 1395
HR 393-942a--Olyn Evans; compensation --------------------------------386, 421
HR 158-503a--Mrs. Virginia B. Ford; compensation _._________.No Action in 1958
HR 243-635a--Georgia Forestry Commission; pay compensation
W. Guy Pannell ________________..............__.__.___.__._._..__..........._______.___..._..18, 49
HR 10-7c--Miles V. Golden; compensation --_,,_----_____________No Action in 1958
HR 350-838b--Mr. John Green; compensation --_----_------------------.266, 311
HR 304-744h--Elias Pink Griswell; compensation __ 102, 127, 613, 935, 1397
HR 477-1142b--Susan S. Hale and W. M. Hale
compensation _...___------------.----------------.843, 869, 876, 1024, 1393
HR 170-529a--E. Frank Hancock; compensation.--.--------------------.21, 209
HR 449-1109h--John Arthur Holloway, Sr.;
compensation ,,_._--------------_..----------.683, 775, 869, 1023, 1394
HR 113-352a--Alexander J. Horak; compensation ----------No Action in 1958
HR 297-744a--Mrs. Christine Ivie; compensation._____101, 127, 687, 935, 1396
HR 417-1044o--Dr. Horace G. Joiner; compensation 607, 695, 844, 938, 1396
HR 353-838e--Dr. Jack W. Jones; compensation __ 267, 311, 1004, 1140, 1455
HR 465-1120a--Charlie E. King; compensation .------------------------765, 851
HR 434-1071a--Rosyer Joyner, Mrs. Willa Mae McCranie, and Mrs.
Edith Sue Townsend; compensation----.612, 699, 869, 1023, 1396
HR 9-76--Thulia Lindsley; compensation ------.._--------------_ 869, 1023, 1396
HR 298-744b--W. F. Manley; compensation..-------- 101, 127, 470, 566, 1114
HR 321-7721--C. A. Mobley; compensation .______._...... 119, 177, 613, 940, 1397
HR 173-554c--Alice A. Moody; compensation .._,,.......------_--.No Action in 1958
HR 235-625a--Horace A. McCullers; compensation.-------No Action in 1958
HR 73-207a--Mr. and Mrs. McCurdy; compensation --------No Action in 1958
HR 261-662k--Mrs. Josie Mae Newnan; compensation .._..._. 47, 65, 469, 1113
HR 58-148e--Clemon Odom; compensation ------------------------869, 959, 1396
HR 419-1044f--Mrs. Blanche Phillips; compensation 607, 695, 868, 942, 1396
HR 316-772g--E. C. Prather; compensation __ 118, 177, 869, 1024, 1391, 1403
1486
INDEX
HR 280-702b--Robert K. Price Company;
compensation ____,,,,____._._____.__.__.___ 73, 470, 559, 1114
HR 138-412b--David Norman; compensation .............__.___.__767, 776, 939, 1396
HR 408-1005e--James H. Ray; compensation __ 452, 560, 869, 959, 1272, 1339
HR 377-894c--W. W. Richardson; compensation _.___._____,,___,-..--______-339, 394
HR 339-806a--Freeman B. Roberts; compensation.__.211, 251, 613, 936, 1395
HR 452-1109k--Mrs. J. Reese and S. M. Rutledge; compensation _____ 683, 775
HR 454-1109m--S. M. Rutledge; compensation __._,,___
683, 775
HR 198-610b--Archie Lamar Simmons; compensation _.___469, 479, 562, 1113
HR 260-662J--Stovall Motor Company, Inc.;
compensation ____,,_.__________ _.________..______47, 65, 613, 935, 1396
HR 301-744e--Mrs. Ettean Brown Sullivan;
compensation ________.--_--,,__-_________________________,,_ 102, 127, 767, 939, 1397
HR 169-526c--David Tanner; compensation _____________ ______469, 560, 1260, 1340
HR 463-1117e--Lloyd Tatum; compensation .............__.._._.............._-.--764, 850
HR 391-940c--W. M. Thomas; compensation __ 386, 421, 767, 937, 1391, 1409
HR 16-18a--A. W. Tidwell; compensation _______________._._____,,_._,,_-----869, 959
HR 317-772h--Franklin Truelove; compensation _______118, 177, 613, 936, 1397
HR 376-894b--A. H. Tuttle; compensation ____________........_....._______..______.... 339, 394
HR 311-772b--Hoyt Wehunt; compensation ______._______117, 176, 470, 567, 1114
HR 345-827C--For Injuries to Sue Jean White, Betty Jo White and
Melody Ann Floyd; compensation ____________ 248, 272, 613, 941, 1395
HR 352-838d--D. D. Whitman; compensation ______ 266, 311, 1095, 1139, 1455
HR 57-148d--E. A. Windham; compensation _______________________ No Action in 1958
HR 346-827d--W. J. Wilkinson; compensation ________ 248, 272, 613, 941, 1395
HR 184-567a--Freddie Youngblood; compensation__469, 479, 561, 1114, 1235
MISCELLANEOUS RESOLUTIONS
(See Numerical Index)
HR 401-968d--E. Cuyler Adams bridge designated.. _415, 478, 616, 626, 1245 SR 144--Appropriations Study Committees ____________......._... 1111, 1134, 1343 HR 245-6350-- Frank G. Birdsong bridge designated ____ 18, 49, 309, 334, 685 HR 498--Committee to advise and assist Secretary of State in
connection with building ________________________ ......987, 1099, 1162, 1393 HR 341-806c--Committee to investigate persons and organizations de
stroying their own property; Koinonia Farms ........______________________________.......__.__ 212, 251, 689, 825, 944, 1245 HR 329-785d--Committee to study need for additional laws defining and prohibiting barratry __.._..._.__.__.________170, 214, 770, 1154, 1434, 1439 HR 513--Committee to study possible acquisition of certain Wesleyan Conservatory property ____________ 1215, 1222, 1224, 1230, 1404, 1426 SR 138--Committee to study ways of promoting industry, extended ._.______________________________._...___.....___ 859, 931, 1011, 1222, 1359 HR 396--Congratulations to Central Presbyterian Church on Centennial Celebration _________________________,,___..._______________________. .407, 467 HR 409-1005f--Conveyance of land to Bethlehem Baptist Church ____________....._.........__________________________.....452, 506, 692, 836, 1245 HR 287-703a--Conveyance of land in Coffee County authorized ___________________ _______________..........__._____________.....__73, 474, 569, 930 SR 120--Conveyance of land to City of Donalsonville authorized ___.___._.............-_...-..___________________...._632, 633, 699, 848, 1296 HR 340-806b--Conveyance of land to town of Georgetown authorized .........__.____________________.__._............._________212, 251, 474, 572, 857 HR 333-787b--Conveyance of land in Fulton County ......._.....______________.____............._...___171, 215, 474, 573, 732, 1245
INDEX
1487
HR 314-772e--Conveyance of land to Telfair County
authorized _.___.____..-------------.---... 118, 176, 474, 570, 1000
HR 420-1044g--Conveyance of stained glass window to Newton
County ----.._____....__.----------------..____.607, 695, 769, 789, 1246
HR 514--DeMolay Week Proclaimed ----------.__......._._______....----1216, 1435
HR 486--Disposition of Leesburg State Farmers' Market..--..--_.--947, 1247
HR 246--Educational advantages for gifted
children
_.___.__
19, 49, 121, 197, 467
SR 159--Election Laws Study Committee extended ____________________..1376, 1443
SR 84--Encouraging equal treatment of all segments of economy--.52, 53
HR 357--Federal Civil Service; congratulations on 75th
anniversary .--------,,-----.___.----------.._.-- 261, 320
HR 410--Founders of Trinity Church Plan commended ._....-- --.494, 629
SR 117--Fund authorized for eradication of hog
cholera
____.__. 342, 356, 397, 1238
HR 489--Funds for construction of juvenile detention
homes
_____._._.......----960, 1099, 1152, 1455
HR 271-687d--Georgia signers of U. S. Constitution
honored ._.._----------..____....____..____._------------...60, 77, 309, 555, 930
HR 432-1070g--Georgia-State song--
arrangements __._._..--._.--------------------___612, 691, 702, 816, 1246
HR 461-1117c--Roy Head Bridge designated --.......764, 850, 872, 925, 1453
HR 349-838a--Institute of Law and Government to investigate advisa
bility of staff services for Legislature _____________ 266, 311, 693, 1150
HR 323--Insurance Laws Revision Com
mittee ..
...109, 474, 479, 658, 1085, 1131
SR 152--Insurance Rate Study Committee ----...............................llll, 1134
HR 159-505a--Chester H. Jones relieved as surety on bond ----------159, 505c
HR 387--W. Chester King Elementary School designated .----------------377
HR 400-968c--Land conveyance to Mrs. W. P. English and Mr. Pierce
R. English .............
................. 415, 477, 692, 824, 1245
HR 258-662h--Land conveyance to Jeff Davis County Board of
Education _------------._._._.._..------______--------47, 65, 474, 568, 930
HR 405-1005b--Land conveyance to
F. S. Prather .....------..--451, 502, 506, 508, 752, 999
HR 430-1070e--Law books to clerk of superior court of Dodge
County ------...------------------ ...............-611, 698, 769, 789, 1246
HR 414-1044a--Law books to clerk of superior court of Warren
County .. ._-------------.------------------606, 695, 769, 789, 1246
HR 310-772a--Law books to Hall County Superior
Court .--------..-..-.------------...------- 117, 176, 213, 221, 467
SR 98--Law books to ordinary of Jasper County 208, 234, 251, 308, 317
HR 467--Legislative intent in adopting Code 38-711
expressed --------------...---------------....739, 846, 854, 1028, 1453
HR 296--Hon. George L. Mathews member of State Highway Board ---- 92
SR 150--Mental Health Study Committee--
extended _------------------.-------------1111, 1134, 1222, 1224, 1343
HR 263-662m--Milledgeville State Hospital employees to be advised of
rights under State merit system....--..----47, 65, 474, 1079, 1454
HR 437--Motor Vehicle Tax Laws Study
Committee ---- -- -------------------- 668, 1006, 1013, 1148, 1455
HR 462-1117d--Earl Nix Bridge designated ...------764, 850, 872, 925, 1453
HR 328-785c--Placing of busts in Georgia
Hall of Fame --------_......_._.------....-.--.170, 214, 417, 953, 1397
HR 327-785b--Plaque to be placed at entrance of Georgia
Hall of Fame ----__.--------......... 170, 214, 417, 952, 1397
HR 305--President of United States; censured --------..------------106, 200
1488
INDEX
HR 54-148a--Publication by Department of Mines, Mining
and Geology authorized _____________._____________________________________.._______67, 685
HR 296--Honorable John E. Quillian, member State Highway Board ______ 92
HR 348-827f--Rates on Sidney Lanier Bridge ______________..___.248, 617, 824, 1245
SR 130--Removal of building restrictions from land near Jim
Woodruff Reservoir requested - 859, 931, 1006, 1010, 1014, 1295
SR 91--Resolution authorizing land conveyance in Richmond
County amended ------------____...,,.------------632, 633, 699, 848, 1363
HR 331-785f--Secretary of State authorized to secure Confederate
Army and other records _.______________..............170, 215, 417, 958, 1395
HR 388--William R. Smith Elementary School designated
_.,, 388
HR 330-785e--A. Charles Soule Bridge designated--170, 215, 846, 884, 1453
HR 270-687c--State records; building for
safe storage _._______________________.__.__._____.__.________60-77, 213, 441, 859, 978
HR 286--Stone Mountain; committee to study
proposed purchase ............______________-___________________68, 94, 102, 109, 209
HR 423--Survey of industrial potentials of
State to be made __......__..-______...._________________._____._.601, 691, 1172, 1455
HR 469--Portrait of Herman E. Talmadge to be hung in Capitol--744, 1246
SR 50--Teacher Certification and Accrediting of Schools
Study Committee ....._......,,__.-.,,_..__.._._________..,,.........._.............. 1389, 1449
HR 520--Use of Battle Flag of the Confederacy for
commercial purposes deplored ------------_--__--------1315, 1454
SR 112--U. S. Highway 17 designated as
"Ocean Hiway" _------------------_.._.._-__----632, 633, 699, 770, 1313
SR 172--Veterans Hospital Facilities Study Committee ____,,___.....1434, 1443
HR 394-944a--Youth Honor Day proclaimed ___,,.----387, 422, 617, 950, 1455
SR 153--Youth Honor Day proclaimed
--,,_,,_,,_.,,------.____.__.______ 1229
COMMITTEES (See Numerical Index)
SR 144--Appropriations Committees; continue investigation ..---------------------- ----------------1111, 1134, 1343
HR 365--Committee to Study Operation of Boats on Inland Waterways ------..-------- ----------------___.--_--__,,__--------293
HR 267--Central of Georgia Port; Appoint Joint Committee, Study Purchase of .........___.............._.._______________________________....54, 66, 79
SR 111--Elections, Primary and General; committee to study in certain cities ----.._--__..__------------------275, 288, 313, 848
HR 289--Election Laws Study Committee, Appropriate Funds ------------79 HR 518--Employment Agencies; committee to study ............--------------1229 HR 480--Committee; Effecting Economies in State Government------860 HR 171-554a--Additional State Services, Committee to
Study Financing ,,,,_.___--__--_.._-------- -- ------____No Action in 1958 HR 288--Coastal Facilities, Game Fish Committee;
Inspect ------__._--------------------------____--------79, 269, 273, 292 SB 91--Committee General Assembly; to study
proposed legislation --------_..._-,,.---- --No Action in 1958
HR 143-432a--Corporations, Etc., Interim Committee Investigate Lobbying ........--_------------------.........No Action in 1958
HR 397--Study Committee to Find Reason for Increased Insurance Rate in Georgia ___________.___________..........._..........___________408, 475, 480, 588
HR 411--Committee Study matters relating to Increased Insurance rates ______________________--------_--------------_------------_----494
SR 44--Insurance Companies; committee to investigate per centages of earnings ..........._...,,_____________.____._,,_______._._......_.______. 1412
HB 1131--State Insurance Fund Committee; create _______._______._____.__...,841, 875 HR 285--Compensate Committee Studying Industries in Georgia ............67
INDEX
1489
HR 88-269a--Jekyll Island; Create Committee
to Investigate ___,,__-- _----._,,________.___.,,___--_______------No Action in 1958
HR 366--Joint Committee to Study Methods Financing
Additional Services __------------------.-- _._---- -.. 294
HR 219--Mental Hospital; Committee to Study ___......_.....-- No Action in 1958
HR 76-240a--Peace Officers Annuity and Benefit Fund;
Committee Investigate ___....--------___._,,.._.__--. .No Action in 1958
HR 78-240c--Peace Officers Annuity and Benefit;
Committee to Study --------------------------------No Action in 1958
SR 30--Peace Officers Annuity & Benefit Fund;
committee to investigate -------------------------- No Action in 1958
HR 498--Permanent Records; committee to study
building for storing __------------_._..____....._------.987, 1099, 1162, 1393
HR 367--Petroleum; committee to study industry in Georgia _____ ...... 295
HR 495--Port Kings Bay, Camden County; committee
to investigate leasing __.._..__
--_.._.___ .,,.._.__......._.__._. 972
SR 26--Public Defender, Office of; committee to
study creating
___..--_._._,,.-- -- No Action in 1958
HR 131-398c--Sales Tax; committee to study __________________ No Action in 1958
HB 1058--Surplus Property; Georgia Commissioner of
create agency .____..._ .._._...---- --______----------__609, 691, 701, 985
HB 486--Textbook and Library Book Committee;
create ___------_...____.,,------_______._____..__.__------_--------No Action in 1958
SR 110--Teachers; committee to investigate
salaries of _____________________________________------,,.______._._----258, 275, 313, 767
HR 358--Committee to Study Feasibility of Statewide
Juvenile Court ......_...,,,,....._..----__________----_,,..____._,,_._.._._____--_________ 275
HR 479--Committee to Study Traffic Safety . _----855, 875, 878, 1075
HR 503--University of Georgia; committee to investigate
charges of students -------___._...__..__.----------_1089, 1222, 1223
SR 47--Welfare Study Committee; create ..__.----_________________________..848, 854
HB 387--Western and Atlantic Railroad; committee to
determine selling _____________----_________________._..____.No Action in 1958
SR 151--Workmen Compensation Board;
committee to investigate ,,_.____________________________ 1115, 1116, 1222, 1224
Committee Appointments ___------._.._,,.__._----------___10, 178, 179
Part II
ALPHABETICAL INDEX
A
Abandoned Wells HB 902--Abandoned Open Wells, Holes; unlawful to have ___________________________--------.----------340, 395, 691, 838, 1045
Abductions HB 908--Wife; abduction of; rights of husband ------------------. --341, 396
Absentee Voting HB 477--Voting By Absentee Service Men; ballot vouchers ----------------------------------..----...No Action in 1958
Accountants SB 298--State Board of Accountancy, Code 84-201, 84-211 amended ------.------------....... .--.......1115, 1116, 1222, 1224, 1372 HB 1061--Accountancy, Board of; amend Act relating to .................610, 697
Acworth, City of SB 265--Corporate limits ..-----...--------..........-....-809, 817, 853, 872, 919
Adairsville, City of HB 619--Name changed from town of Adairsville----.--121, 128, 180, 390
Adams, E, Cuyler HR 401-968d--E. Cuyler Adams Bridge designated--415, 478, 616, 626, 1245
Adams, John H. HR 287-703a--Land conveyance to John H. Adams authorized -----------....... ___________--------.-73, 474, 569, 930
Adel, City of HB 923--Corporate limits ------------------__.__._.--.383, 419, 473, 487, 814 HR 36-93b--Ad Valorem Tax; exempt certain employees --------------------------------No Action in 1958
Advertising SB 120--False advertising ......... -------- .............. ------------------.307, 326
Agricultural Commodities Authority Act Amended SB 243--1951 Act amended, assessments .....468, 493, 507, 613, 1243, 1320
INDKX
1491
Agriculture
HB 760--Act regulating and licensing livestock
dealers amended --------------._.______-_.,,._.----115, 174, 309, 429, 816
HB 682--Agriculture Products; include timber and pulpwood _,,__________._._. 59
SB 243--Agricultural Commodities Authority Act of
1951 amended .-_._.__.------....._.___.....-468, 493, 507, 613, 1243, 1320
HB 1065--Bread, Packaged; provide for dating of --------...-__-----610, 697
HB 668--Bonds payable to Commissioner of
Agriculture ._.............___.__...---- ------- 56, 74, 120, 198, 465
HB 767--Bonds of operators of public sales;
livestock ----,,.,,.__,,......_.._.___._____.------------..__.... 116, 175, 475, 591, 928
SR 122--Dairy price support; memorial Congress........... 425, 478, 613, 721
HB 768--Dairy manufacturing plants ------_._------116, 175, 617, 991, 1456
HR 486--Disposition of Leesburg State Farmers'
Market property ---------------------------------- --...----947, 1247
HB 676--Eggs, grading and marketing -------------- 58, 76, 121, 199, 467
HB 1060--Exhibits at agricultural fairs .------------609, 687, 701, 825, 1252
HB 752--Fish, Wholesale Dealer; redefine ----------------------.---- 114, 174
HB 842--Flour, bread, corn meal, hominy, grits, etc. .._...---- 267, 311
SR 117--Fund for eradication of hog cholera -------- 342, 356, 397, 1238
HB 840--Georgia Economic Poisons Act amended- 267, 305, 311, 733, 1247
HB 240--Georgia Food Act amended, packaging ................ .._....___ 579, 928
HB 1135--Georgia Seed Law, amended ---842, 868, 875, 1026, 1083, 1456
HR 484--Handling of Federal Soil Bank program------868, 944, 962, 1246
HR 372--Inspection of livestock slaughtered in the State ------
322
HR 373--Hog cholera eradication ___._--------_-----------------.--------.......323
HB 375--Livestock feed; lien in behalf of suppliers __._------------....__... 68
SR 118--Livestock; authorize investigation of
slaughtered livestock ___.__--_.._--_____._--------342, 356, 397, 1240
HB 577--Meat, poultry and dairy processing plants;
sanitary conditions of ________________ ____.__--..................No Action in 1958
HB 775--Members and compensation of Livestock and Poultry
Disease Control Board __.__--------__--119, 178, 416, 638, 1112
HB 986--Milk Control Commission .------..--448, 503, 613, 759, 1003, 1067
HR 447-1109f--Payment of $100,000.00 authorized for practical
method of eradication of boll weevil; proposed amendment
to the Constitution __________________------------..682, 775, 868, 1075, 1453
HR 375-894a--State Farmers Market; improvement ................____.__.__ -338, 394
Aid to Dependent Children
HB 52--Age limit
--.--------.._.---- -- -- ----------No Action in 1958
Alapaha Judicial Circuit HB 772--Compensation of solicitor-general ----------117, 176, 213, 220, 466
Albany, City Court of HB 985--Judge's salary -------.._.----..------------448, 503, 690, 705, 1001
Albany, City of
HR 390-940b--Albany-Dougherty County Development Authority, proposed amendment to the Constitution--386, 421, 474, 540, 858
HB 911--Albany-Dougherty Payroll Development Authority, created ---- -.................SSl, 418, 473, 485, 860, 945
HB 948--Charter amended ----------_____._____------.412, 475, 615, 623, 929 HB 947--Charter amended ...____.._.._.._..__............412, 475, 615, 623, 929
1492
INDEX
HB 1009--Charter amended .--------------_....----.--498, 618, 768, 777, 1249 HB 1012--Corporate limits, wards --------___.._......._.-498, 618, 768, 778, 1249 HB 952--Revocation of franchises --__--------------412, 476, 615, 623, 929
Alcoholic Beverages
HB 54--Employment of persons under eighteen years of age on premises where alcoholic beverages are sold...--_13, 203, 279, 928
HB 855--Liquors, spirituous liquors; prohibit advertisement of ----300, 344 HB 851--Malt beverages; presence of 864 ounce ....__________..........__._____.298, 344 HR 324-773a--Whiskey; tax and allocate funds --------------------.119, 177
Alcoholism
SB 255--Per diem of members of Georgia Commission on Alcoholism -...-.----,,------------------.631, 634, 700, 1004, 1294
Aliens HB 866--Hiring in State Department --------........__._..._.._.___.__..___._...__. 302, 345
Alma, City of
HB 1075--Alley abandoned --------------------------677, 771, 846, 878, 1398 HB 1132--Corporate limits --_--...------------------842, 875, 1005, 1014, 1402 HR 422--Establishing Alma the emergency Capital
City of Georgia --.,,------------_.__-----------------574, 854, 948
Amendments to the Constitution
HR 36-93b--Ad Valorem Tax; exempt certain employees--No Action in 1958 HR 390-940b--Albany-Dougherty County; development
Authority ---------,,.----------------------386, 421, 474, 540, 858 HR 406-1005c--Atkinson County; school
superintendent _..,,_----------------------451, 506, 690, 711, 1000 HR 426-1070a--Atkinson County; levy tax promoting
county --------------_.------------..----------611, 698, 769, 801 HR 253-662c--Authorize tax; promote county industries ______._._. --46, 64 HR 378-894d--Bacon County; Board of Education-339, 394, 473, 526, 857 HR 351-838c--Baldwin County; tax for promoting
industry ----------------------------------266, 311, 343, 351, 629 HR 269-687b--Bartow County; school
superintendent ----------..._-----------------60, 77, 122, 141, 857 HR 363-874e--Bibb County; authority to General
Assembly --------,,--------------------.----303, 347, 472, 515, 857 SR 140--Board of Education; election of
members --,,-_..,,.-------------------------927, 933, 1012, 1097, 1326 HR 431-1070f--Brunswick Port Authority ----612, 698, 769, 804, 1252, 1262 HR 415-1044b--Carroll County; rescue squad --------607, 695, 769, 792, 1246 HR 472-1129a--Catoosa County; Board of
Tax Administrators ------------------766, 852, 872, 916, 1365, 1366 HR 460-1117b--Chatham County; school tax ------------764, 850, 914, 1392 SR 88--Chattahoochee County; Board of
Education ----------_.____-------------------391, 397, 422, 690, 713 gR 14--Clayton County; election of school superintendent-.172, 179, 231 HR 257-662g--Clayton County; school bonds ----------.46, 65, 122, 139, 628
INDEX
1493
SR 149--Clarke County; fire, water, sanitation and
sewerage districts _______._____________.______._____1115, 1116, 1221, 1224, 1324
HR 354-847a--Colquitt County; occupation taxes ____. 268, 312, 343, 353, 629
HR 459-1117a--Change provisions relative to Constitution ________________764, 850
HR 256-662f--Counties, municipalities, etc.; may issue revenue
anticipation obligations to purchase
transit equipment ___.__________________.__________..__.____46, 65, 307, 643, 1113
HR 444-1109c--DeKalb County; assessment for
garbage disposal ___.__...........__._____.___..___......682, 775, 847, 891, 1394
HR 442-1109a--DeKalb County; power to enact ordinances,
issue business licenses and create a
recorder's court .....___________............._______682, 774, 847, 849, 884, 1394
HR 443-1109b--DeKalb County; to have authority to install and main
tain storm sewers and street lights ______682, 774, 847, 888, 1394
HR 362-874d--Douglas County; bonded debt limit....._303, 347, 472, 513, 857
HR 360-874b--East Point, City of; off-street
parking facilities _._..............__._______________.__._..__303, 347, 472, 511, 857
HR 359-874a--East Point, City of; use of tax funds,.. 303, 346, 472, 509, 857
HR 315-772g--Elbert County; elect members of the Board
of Education -____-.........._______________._..........,.._-_______.118, 177, 213, 224
SR 140--Elbert County; Board of Education___.927, 933, 1012, 1097, 1326
HR 447-1109f--Eradication of Boll Weevil; payment of $100,000.00
authorized for practical method -________.____.682, 775, 844, 938, 1394
HR 268-687a--Establishment of colleges by political
subdivisions ___.___-_______-_..___..--_----__--_____-________-59, 77, 270, 727, 1113
HR 428-1070c--Fraternity and sorority properties; exempt from
taxation in certain cases ______________________.___611, 693, 702, 965, 1396
HR 276-687c--Gilmer County; Board of Education______.61, 78, 122, 160, 629
SR 104--Glynn County; tax assessor _...........__.____....392, 397, 422, 690, 716
SR 123--Grady County; taxes ___,,,,,,,,______________________.810, 852, 1020
HR 416-1044c--Hall County; Board of Education ___607, 695, 769, 794, 1246
HR 279-702a--Hall County; fire protection distriets_____...__72, 768, 790, 1245
HR 303-744g--Henry County; Board of Education_.___102, 127, 172, 192, 392
HR 322-722m--Houston County; Board of
Education
,,____._________........__.._________..119, 177, 213, 228, 629
HR 466-1120b--Judges Emeritus of Atlanta
Judicial Circuit ___.____.......-..____.________......._.._765, 851, 874, 1018, 1455
HR 313-772d--Justices Emeritus of Supreme Court and Judges
Emeritus of Court of Appeals may preside over
other courts .._.--._____________...............__._________._.118, 176, 307, 662, 1114
HR 274-687g--Liberty County; industrial authority....60, 78, 122, 158, 1454
HR 272-687e--Liberty County; elect members of the
Board of Education _______.____________._..........__._______........60, 77, 122, 155
HR 379-894e--Lowndes County; Board of
Education _____..___..-...._._-.__________________339, 394, 473, 530, 1260, 1289
HR 380-894f--Lumpkin County; amount of
bonded indebtedness ......_...________________._..._.....339, 394, 473, 535, 858
HR 482-1165a--Macon, City of; safety of
buildings .________._____________...-.................______.866, 1009, 1097, 1107, 1455
HR 332-787a--Marietta, City of; Board of Lights
and Waterworks ....___________...................__.____.___171, 215, 249, 253, 629
HR 275-687h--Mclntosh County; Board of Education ........ 60, 78, 122, 146
HR 312-772c--Pickens County; Board of Education _______.__118, 176, 213, 221
HR 259-662i--Pierce County; Board of Education ___._._47, 65, 122, 152, 628
HR 300-744d--Polk County; bonded indebtedness ....._102, 127, 172, 190, 392
HR 273-687f--Quitman County; elect members of
Board of Education ........................______._______..........._60, 78, 122, 144
1494
INDEX
HR 28-71a--Political Subdivision; incur debts ....................No Action in 1958 HR 252-662b--Schley County; Board of
Education _,,...____________.________.._.___ 46, 64, 122, 150, 417, 1454 HR 142-429b--Scholarships for prospective teachers_._____.212, 216, 585, 1113 SR 121--Seminole County; tax for promoting industry... 632, 633, 699, 806 HR 455-1109n--Spalding County; justice courts abolished,
other courts created .._......_..................___________683, 776, 847, 894, 1395 SR 94--State Education; Medical Board ______.____________.425, 478, 848, 1443 HR 335-789b--State Debt, Prohibit Issuance Bonds, etc.;
public agency .__.__.____________________________.__..__.__._._....__.___________171, 216, 388 SR 92--Stewart County; Board of Education...__.___392, 397, 422, 474, 547 HR 165-519b--Tax Levy; for school lunch programs _____617, 620, 1054, 1453 HR 435-1071b--Tax; to pay costs of ordinaries
retirement fund _______.__..______.___________.______.__.___612, 689, 702, 981, 1394 HR 164-519a--Tax; to support school lunch programs __ 617, 620, 1051, 1453 HR 369-881a--Taxation; to support Peace Officers Annuity
and Benefit Fund ....................... 305, 348, 416, 616, 962, 964, 1396 SR 127--& HR 418-1044a--Terrell County Development
Authority ._________________________.___._____.__..__._________607, 695, 769, 797, 1246 HR 456-1112a--Tifton; Tift County Development
Authority ....__.___________________________.___________._.___.____849, 872, 909, 1395 HR 368-877a--Turner County; Board of Education,.. 304, 347, 473, 523, 857 HR 299-744c--Voters; change qualification, registration ......__.__.......101, 127 HR 392-940d--Washington County; Board of
Education .___.________________._______________.________..__.386, 421, 474, 543, 858 HR 364-874f--Wayne County; Board of
Education ................._....................__._._______.....304, 347, 472, 520, 857 HR 324-773a--Whiskey; tax and allocate funds __________._____.__...._.__.______._119, 177 HR 251-622a--Wilkes County; Board of Education ________45, 64, 122, 136, 628
Alimony HB 868--Petition for _____._____.___.___.___.__..___._._.__.____..._.....__...__.__._.__._...302, 346, 416
American Mercury Magazine HR 249--Commending .................................___.....___.______._............. .. ...__.__......... 20
American News Company
HR 361-874c--Compensation to American News Company _.______..._.___.._._..._.._._._..._.__..___..._________303, 347, 767, 937, 1395
Antique Automobiles SB 241--Special license plates ........................468, 492, 507, 770, 777, 1233
Appropriations
SR 144--Appropriations Committees; continue
investigation _,,___________,,__,,_______.________________,,
1111, 1134, 1343
HB 51--Welfare Department; increase appropriation__.__.No Action in 1958
Architects, Landscape
SB 300--Landscape Architects Board, created ............._.......__.___.___-___-_.--_.___..1003, 1026, 1099, 1101, 1309
INDEX
1495
Armed Forces HR 507--Proposed cut in armed forces protested .,,_~--.___..----1091, 1393
Armed Services
HB 663--Teachers Retirement; service credit; apply armed services ......_._.__....__...._.._..__._._._.___.__..__._.__.___.__47, 66, 470
Arnold, C. A. HR 429-1070d--Compensation to C. A. Arnold----.-611, 698, 844, 938, 1396
Arrest HB 135--Unlawful to resist ----------------------------------No Action in 1958
Assistant Adjutant General HB 805--Georgia Military Forces; qualifications of .._.211, 251, 614, 755
Associate Public Service Commissioner HB 289--Widow's compensation ___________,,_,,_____.____No Action in 1958
Atkinson County HR 426-1070a--Levy tax promoting county --------.--------611, 698, 769, 801
Athens, City Court of HB 1138--Grand jury indictments ------.----------842, 876, 1005, 1015, 1402
Atlanta, City of
HB 1156--Atlanta-Fulton County Educational
Commission created ....................864, 1008, 1096, 1103, 1365, 1387
HB 701--Charter amended ,,------------------------------72, 104, 172, 185, 318
HB 1062--Charter amended ------------------.------------72, 104, 172, 185, 318
SB 54--Amend charter _____________________________________________________ No Action in 1958
HB 1136--Amend charter ___.___________._._.________..__-----------_ 842, 875, 1006, 1014
HB 700--Corporate limits .___.------____.____------------__72, 104, 172, 184, 928
HB 1133--Corporate limits .._..__.__._________._._----------_842, 875, 1005, 1015, 1402
HB 865--Employees ___________________
302, 345, 472, 508, 1112
HR 476-1142a--Fulton County-City of Atlanta Pension
Study Commission .----..------_..............843, 876, 1006, 1017, 1393
HB 1145--Amend charter relating to legal
holidays ......-----._-------------- ...844, 877, 1005, 1014, 1015, 1260
SB 223--Elections; Primary; qualification fees
certain cities ____--.____._.__--._.__.__._.._..._._.____.__._....___.__..____.._.275, 288, 313
HR 196-596a--Fulton; Study Committee,
Problems, Tax --------------------------------------No Action in 1958
SB 125--School holidays _----_----------------_------__..No Action in 1958
HB 841--Street improvements ----------------------267, 311, 343, 349, 1112
Atlanta Farmers Market HR 192-578a--Disposition of ___----------------------.----------No Action in 1958
1496
INDEX
Atlanta Judicial Circuit
HB 1158--Compensation of solicitor-general __._865, 1008, 1096, 1103, 1457 HR 466-1120b--Judges Emeritus, duties, etc., proposed amendment
to the Constitution _______________.___.______765, 851, 874, 1018, 1455
Atkinson County
HB 732--Compensation of commissioner _____________ 99, 125, 172, 188, 320 HB 733--Compensation of tax commissioner ............100, 125, 172, 188, 320 HR 406-1005c--School superintendent, proposed amendment
to the Constitution -____________________451, 506, 690, 711, 1000
Atkinson County, County Court of HB 731--Created ___________________.________________.__99, 125, 172, 187, 320
Attendance of Witness SB 261--Fees certain counties _____________________.____...._.____..__631, 635, 700
Attorney General SB 219--Reimbursement for certain services to Highway Department _____________630, 634, 700, 871, 1287, 1458 HB 784--Assist county registrars ______________________________169, 214, 309
Auctions HB 692--Counties having population of not less than 39,000 and not more than 43,000 authorized to license auctions and auction houses _____________._71, 103, 123, 440, 815
Auctioneers HB 723--County to levy tax on ___._____________________,,_,,,,,,_,,,,,,_.. 98, 124
Augusta, City of HB 1078--Corporate limits ________________________677, 771, 846, 878, 1398 HB 1076--Corporate limits ______________________677, 771, 846, 878, 1398
Augusta, Municipal Court of HB 1113--Judge's secretary ______________.______._______763, 850, 872, 901, 1401
Austell, City of HB 705--Charter amended _____________-_-_________.____73, 105, 122, 135, 318
Authorities HB 694--Georgia Rural Roads Authority; amend Act creating __________-__.__.______71, 103, 123, 164, 249, 259 HB 531--Georgia Industrial Authority, create _..__..._--_No Action in 1958
Automobiles HR 437--Tax Laws Study Committee _________668, 1006, 1013, 1148, 1455
INDEX
1497
Automobile Dealers HB 836--Used Car Dealers Registration Act_____.__266, 310, 616, 747, 1000
Aviation HB 859--Director; create in Department of Commerce .........._.301, 345, 475
B
Bacon County HR 378-894d--Board of Education, proposed amendment to the Constitution .........__..__._____..___________.339, 394, 473, 526, 857 HB 1025--Primary elections _____________________________-_______.__500, 620, 768, 780, 1250
Bail HB 1098--Affidavit required for ___.___.___.__..............._........___..........__________680, 767 HB 1028--Bond forfeiting; penalty for .................___...____________._______________500, 620
Bainbridge, City of HB 669--Authority to dispose of property ..................._57, 75, 122, 133, 290 HB 785--Corporate limits ___________.___--__,,_____--___._--_____169, 214, 249, 253, 466
Baker County HB 1083--Board of education ............____.________.-.-._..678, 772, 847, 881, 1399 HB 1081--Compensation of commissioners and commissioners' clerk ________________________________678, 771, 847, 879, 1399
Baldwin, Abraham HR 271-687d--Bust to be placed in Georgia Hall of Fame _____._______,,_--__..___-____-____--________._....60, 77, 309, 555, 930
Baldwin County HB 753--Board of commissioners ._-......-........114, 174, 212, 217, 1085, 1088 HB 977--Chairman of county commissioners _....._._447, 503, 690, 704, 1113 HB 979--County police force ______________._____-_,,_--_--_..__447, 503, 690, 704, 1113 HR 351-838c--Tax for promoting industry, proposed amendment to the Constitution -___.___,,_,,_--___--__-__--_--__.266, 311, 343, 351, 629 HR 407-1005d--Governor sell surplus property in ______________________________451, 506 HR 175-554e--Convey certain property --.----------...............No Action in 1958
Ball Ground, Town of HB 1088--Name changed to City of Ball Ground___679, 772, 847, 878, 1400
Ballots HB 791--Ballots; election other than primary ._-_..__..______________.209, 249, 475
1498
INDEX
Banks and Banking SB 259--Investments, Code 13-2023 amended...-685, 719, 776, 845, 1447
Bank Notes HB 684--Counterfeiting, alteration, possession, etc. _ _ _
59, 76
Barnett, Charles HE 483-1167a--Compensation ...................._..-...-_.-..-__________.______.____._______.866, 1009
Barratry HR 329-785d--Study Committee ......_..._._....___.170, 214, 770, 1154, 1434, 1439
Bartlett, Marcus
HR 250--Invite to show film ___________.______.__.________--____________________.,,_____________ 20, 66
Barrow County
SB 287--Winder-Barrow County Airport Authority ___...........................................-._._._810, 818, 853, 872, 1225
Bartow County
HB 1154--Commissioner of roads and revenues .___.__..__-________._.._...______..............864, 1008, 1096, 1102, 1457
HB 680--Compensation of commissioners' clerk _________58, 76, 122, 134, 290 HB 1040--Officers placed on salaries ..........--............606, 694, 769, 782, 1250 HB 1039--Office of tax commissioner
created __________________,,__________,,__._,,___--__--____606, 694, 769, 782, 1250 HR 269-687b--School superintendent, proposed amendment
to the Constitution ___________.___.._____.____..................60, 77, 122, 141, 857
Battle Flag of the Confederacy
HR 520--Use of battle flag of the Confederacy for commercial purposes deplored ,,_--__..----------_.----....,,,,_ -1315, 1454
Beall, William H.
HR 325-773b--Compensation to William H. Beall _______________._____________..___,, .--- 119, 177, 613, 936, 1397
Bethlehem Baptist Church
HR 409-1005f--Conveyance of land authorized __________452, 506, 692, 836, 1245
Bibb County HR 363-874e--Authority to General Assembly, over Bibb County, subject to referendum, proposed amendment to the Constitution __----_----__----------_-.-- 303, 347, 472, 515, 857
Bills of Exceptions SB 272--Pendente Lite; what judge to certify .------999, 1025, 1095, 1100
INDEX
1499
Bird, Brooks A. HE 450-1109i--Compensation to Brooks A. Bird___683, 775, 869, 1023, 1394
Birdsong, Frank G.
HR 245-635c--Frank G. Birdsong Bridge designated _-----__--____,,_____......._.._._.18, 49, 309, 334, 685
Blackshear, City Court of HB 920--Judge's salary _____________________.________..383, 418, 689, 703, 1000
Blackshear, City of HB 921--Amend charter ______._._._______________._._________.______.__383, 419
Blakely, City of HB 940--Corporate limits _._.___..________________.________________385, 421, 473, 489, 815
Bleckley County HB 726--Compensation of ordinary ___________________99, 125, 172, 187, 319
Blind HB 419--Voting; aid in _____.___.________________.____-___-______No Action in 1958
Blood Transfusions SB 209--Labeling of human blood _.______________686, 719, 776, 1004, 1314
Blue Ridge, City of
HB 1169--Charter amended ______________._____867, 1009, 1096, 1106, 1451 HB 1171--Code 92-4101 thru 92-4104 not applicable to
City of Blue Ridge _________________-867, 1010, 1096, 1106, 1451 HB 1172--Limit maximum ad valorem
tax rate _____...._____.____________...___867, 1010, 1096, 1106, 1452
Blue Ridge Judicial Circuit HB 812--Compensation of solicitor-general ________.245, 270, 308, 314, 466
Boards. (See Committees; Agencies)
HB 838--State Claims Board; create __._____________________266, 310, 475 HR 365--Committee to Study Operation of Boats on
Inland Waterways _____.___.______._.._...____________293 HB 1061--Accountancy, Board of; amend Act relating to ________610, 697 HB 470--Engineering Advisory Board, create _______-___-No Action in 1958 HB 162--Hairdressers and Cosmotologist; create
examining board ________________________306, 313, 328, 407, 588 HB 629--State Depository Board; transfer powers and duties _17, 48, 103 HB 1175--Board of Pardons and Paroles; provide information _.______867, 1010
1500
INDEX
HB 671--State Bridge Building Authority; construct projects with surplus funds ,,________--._--______--_____________.______.57, 75, 123, 557
HB 258--Water Resources Commission, create __________No Action in 1958 HB 280--State Board Watchmakers; create ______.....________-.....__.___-___..._692, 1208 HB 818--State Board Workmen Compensation;
Director Emeritus .........-________.___.______...--_______._._._.____246, 271
Boats HB 421--Registration of ________________.___.....___________....._.._______......_______..__._..._-.-___....640 HB 750--Uniform Boat Regulation Act ____________....________...._-_________......_.._114, 173
Boiler Board HB 359--Board of Boiler Rules; create ___________....._________,_-....No Action in 1958
Boll Weevil
HR 447-1109f--Payment of $100,000 authorized for practical method of eradication of boll weevil, proposed amendment to the Constitution ____.....____.__682, 775, 868, 1075, 1453
Bond, Appearance
HR 159-505a--Chester H. Jones relieved as surety on appearance bond ______----._,,--------_,,---_--____,---__._____--.. 1065, 1454
Bond Forfeiting HB 1028--Penalty for
...___._____.__.........____.._...___.___.___....._....___.... 500, 620
Bonds
HB 960--Amount of bonded indebtedness of political subdivisions ___._._______________._______.___413, 471, 476, 835, 1248
HB 891--Bonds of motor fuel distributors, Code 92-1406 amended ____._____._.___.__________338, 393, 617, 833, 1248
HB 668--Bonds payable to Commissioner of Agriculture ._.......__.__________....-________....-______._....__56, 74, 120, 198, 465
HB 642--Facsimiles of signatures on public securities _..-__._______......_______......______.._._42, 62, 307, 993, 1393
HB 980--Fees for criminal bonds _____447, 503, 871, 1145, 1146, 1415, 1420 HB 767--Operators of public livestock sales.--_--~_116, 175, 475, 591, 928
Bonner, James S.
HR 355-847b--Compensation to James S. Bonner ___________________________._____-_._......,-____......268, 312, 687, 937, 1395
Boone, Joe HR 499--Express condolence for illness ___________________________________________.____1026
Bowdon, City of HB 1142--Recorder ._----_____--...--__-__._----------..843, 876, 1005, 1016, 1402
Borrower and Purchaser HB 813--Insurance; select agent for ______________._______245, 271
INDEX
1501
Braxley, Mrs. Miller HR 262-6621--Compensation _,,____._____,,,,____-__,,______,,____,,__ 47, 65
Bread HB 1065--Packaged; provide for dating of ._._........___________.._......._..........610, 697
Bridges Toll Roads HB 751--Construction of __..___._._.........._.__.._.__........__._____._.__._.._..._.___.__._._._114, 173
Bremen, City of
HB 1162--Educational tax ____________.._____.__.._.___________.865, 1009, 1096, 1104, 1458 HB 1164--Elections .-__.__.______-__...-_........-....._.__________.866, 1009, 1096, 1105, 1458 HB 1163--Street improvements ____________________________ 865, 1009, 1096, 1104, 1458
Brokers HB 950--Real estate; sales in certain counties ___________________ ___________ 412, 475
Brown, Sim HR 302-744f--Compensation to Sim Brown ______________102, 127, 767, 935, 1397
Brucer, Dr. Marshall H. Address by .................._,._..___.___.__._._...._......_._._..___.____._...........__..________......_..__..__._..__..820
Brunswick, City of HB 776--Charter amended __________________________________ ____..._120, 178, 213, 220, 627
Brunswick Port Authority HB 1053--Act amended __________________.............._.._________...__..608, 696, 769, 785, 1251 HR 431-1070f--Creation ratified, proposed amendment to the Constitution ________________._______612, 698, 769, 804, 1252, 1262
Budget Bureau SB 50--Finance Commission; add members ...._________________ No Action in 1958
Building and Loan Associations HB 612--Payments on death of members, Code Ann. 16-433 amended ..... ______________________________ 202, 464
Bulloch, Archibald HR 328-735c--Bust of Archibald Bulloch to be placed in Georgia Hall of Fame ....... ___________________________,,..._ ._ __ __170, 214, 417, 953, 1397
Bulloch County HB 1150--Compensation of clerks of the superior court and their assistants in certain counties, 1937 Act amended _._._...............______________867, 1007, 1096, 1102, 1456
1502
INDEX
Burel, Bob HR 445-1109d--Compensation to Bob Burel .__,,_..--682, 775, 844, 938, 1394
Burgess, Grady Emmitt
HR 344-827f--Compensation to Grady Emmitt Burgess _._......--------_____._--------------248, 272, 844, 937, 1395
Buses HB 638--Transit systems; taxation ------------__----____----------..42, 61
Cagle, W. O. HR 509-1178a--Compensate --------____--------____----.. ..--------..1094, 1223
Cairo, City of HB 861--Elections ,,.----_.____----_-.....--------------------301, 345, 472, 481, 811
Calhoun, City of HB 722--Charter amended, corporate limits --------..98, 124, 172, 186, 319 HB 730--Recorder's Court ____..-.....----.----------------.99, 125, 172, 187, 319
Calhoun County HB 724--Compensation of commissioners _________---_____.98, 124, 172, 186, 319
Camilla, City Court of HB 719--Compensation of judge and solicitor ----______98, 124, 172, 186, 391
Camden County HB 648--Compensation of tax receiver ..........................43, 62, 121, 130, 318 HR 495--Port Kings Bay, committee to investigate leasing ___________________ 972
Canton, City of HB 994--Charter amended ____--_.......------------------449, 504, 690, 706, 1001 HB 996--Corporate limits ___._._--____------------_------450, 505, 690, 706, 1002 HB 1095--Wards _.__..--.....--------.---......--------------680, 773, 847, 880, 1400
Capital City of Georgia HR 422--Establish in Alma in emergency _____...________._.----------.674, 854, 948
Capital Felony HB 193--Case; accept plea of guilty _--____--_--.--------_----------_471, 479 SB 182--Crimes; other than, bailable __.._,,------------.--------.389, 398, 422
INDEX
1503
Car Dealers HB 836--Used Car Dealers Registration Act ._______.266, 310, 616, 747, 1000
Carnesville, City of HB 887--Corporate limits ........_.....-....._......_____._.......___.337, 393, 472, 483, 812
Carroll County Rescue Squad
HR 415-1044b--Created, proposed amendment to the Constitution .....__..___....................._.._._.607, 695, 769, 792, 1246
Cartersville, City of
HB 675--Charter amended .......__,,__._.-......-.....-.-..__._____...58, 75, 249, 253, 465 HB 678--Charter amended .___.____._..--..___.........B8, 76, 122, 135, 168, 180, 391
Cartridge HR 443--Rifle Dealers; amend tax act ___.___.___________.____________No Action in 1958
Catoosa County
HR 472-1129a--Board of tax administrators, proposed amendment to the Constitution ______.__.____________766, 852, 872, 916, 1365, 1366
HB 1176--County commissioners ___._-..................867, 1010, 1096, 1107, 1452
Cedartown, City of HB 963--Charter amended ................._-_...__..............___414, 477, 615, 625, 930
Cemetery Corporations HB 275--Regulate -_,,_.._,,,,_,,.,,_...__._- .,, No Action in 1958
Centerville, City of HB 798--Chartered
-_-,,_--_,,,,._- 210, 249, 252, 274, 466
Central of Georgia Railroad and Whitehall Plantations HB 1070--Port facilities; acquire ...._._.__.._______.............._____..._......__._612, 691, 702
Central Presbyterian Church HR 396--Congratulations on centennial celebration ----.__________..._______ 407, 467
Cetti, William A. HR 413--Expressing sympathy to family of _____________.__,,..._....___._. ...._.... _. 551
Chamblee, City of HB 959--Charter amended ........____._.___................_413, 476, 615, 625, 1002, 1210
Chandlers Variety Store HR 318-772i--Compensate _____..__..___._...__.,,..,,.,, 118, 177
1504
INDEX
Chapman, John Henry HR 281-702c--Compensation ,,____,,,,.____.____--73, 470, 565, 1114
Chatham County
SB 288--Compensation of ordinary ___--.___^859, 872, 932, 1011, 1097, 1109 SB 264--Compensation of tax commissioner_,,............632, 635, 701, 768, 789 HR 460-1117b--School tax, proposed amendment to the
Constitution __________........_._.____-_..-........________.._-.....___764, 850, 914, 1392 HB 635--Streets, sidewalks, etc.--_------_-__--18, 49, 121, 129, 289
Chatsworth, City of HB 652--Charter amended ___.__......_______.__...._.__.___.____.__-....44, 63, 122, 131, 318
Chattahoochee County
SR 88--Board of education, proposed amendment to the Constitution ____._.__________________.._____.__.________________391, 397, 422, 690, 713
SB 137--Sheriff's compensation __.......____.___._____-..._......___690, 702, 787, 1450 SB 136--Commissioner Roads and Revenue.___________....-----No Action in 1958
Cherokee County
HB 993--Notice of intention to construct buildings ________.___.....________-_..........._____.449, 504, 690, 705, 1085, 1088
HB 1092--Water Authority, members _-......__.________-_.679 ) 773, 847, 879, 1399 HB 1089--Relating to tax commissioner .,------------679, 772, 873, 899, 1399 HB 1090--Change salary of certain officers __...____.___.679, 772, 873, 900, 1399
Cherokee Judicial Circuit HB 876--Compensation of solicitor-general ___.__._._......304, 347, 472, 482, 811
Children
HB 1004--Support of minor children in certain cases ___.-..........___.___.___........._..___-_......451, 506, 691, 1555, 1437, 1452
Chipley, town of HB 664--Name changed to Town of Pine Mountain__._._56, 74, 122, 132, 289
Chiropody. (See State Board of Podiatry Examiners)
Chiropractic Practice HB 874--Qualifications, Code 84-507 amended .--303, 346, 387, 439, 816
Cholera, Hogs
HR 373--Eradication ____._..........___._.,,.._...----
323
Cigars, Cigarettes, etc. SB 227--Amount of tax to be shown on container^424, 426, 479, 617, 1241
INDEX
1505
HB 869--Tax; amendments ----------------------------------------...-302, 346 HB 1101--Tax; amend act ...------ _------ -------------------------- 680, 773
City Court of Albany HB 985--Judge's salary - _
,,_----_448, 503, 690, 705, 1001
City Court of Athens HB 1138--Grand jury indictments ----------------..842, 876, 1005, 1015, 1402
City Court of Blackshear HB 920--Judge's salary --..---------------------------383, 418, 689, 703, 1000
City Court of Camilla HB 719--Compensation of judge and solicitor--------98, 124, 172, 186, 391
City Court of Jesup SB 250--Rules, salaries, terms, costs, etc..----------809, 817, 853, 872, 920
City Court of Leesburg HB 632--Qualifications of judge and solicitor---------- 17, 48, 121, 129, 289
City Court of Ludowici HB 965--Salaries, rules, etc. ----__--------------------414, 477, 615, 625, 930
City Court of Macon HB 1097--Deputy clerks ----------------------_----... 680, 773, 847, 880, 1400
City Court of Richmond HB 858--Compensation of judge and solicitor- 301, 345, 388, 472, 480, 811
City Court of Sandersville HB 827--Court costs ------------------------------------247, 272, 308, 316, 467
City Court of Savannah SB 263--Compensation of clerk------------------------631, 635, 701, 768, 788
City Court of Soperton HB 1114--Compensation of judge and solicitor------.763, 850, 871, 902, 1401
City Court of Statesboro HB 1151--Costs, rules, terms --------_,,.------_----864, 1007, 1096, 1102, 1457
City Court of Stephens County HB 1049--Terms ----------------------------------------608, 696, 769, 984, 1251
1506
INDEX
City Court of Walker County SB 285--Judge's salary, jurors ......................-------- 810, 818, 853, 872, 919
City Court of Wrightsville HB 1177--Wrightsville ...............................................__.._.___..__.._.___1003, 1098, 1224
Civil and Criminal Court of DeKalb County
HB 1126--Name changed, procedure, salaries, etc. --------------_._________________________._______766, 852, 872, 907, 1259, 1267
Civil Court of Fulton County
HB 1119--Chief deputy clerk and chief deputy marshal ...._........_.----_------..----------....----764, 851, 872, 905, 1401
HB 1054--Sales of personal property _...._......._...........609, 696, 769, 786, 1252
Civil Defense
HB 794--Lines of succession of public officials in emergencies -.------_------..--------___.209, 250, 269, 554, 929
HB 792--Membership of Civil Defense Advisory Council _----..-._.---------...._._..._....___......----209, 250, 269, 551, 928
HB 793--Temporary Seat of Government in emergency __-..-.-..--....._____.--..------.209, 250, 269, 553, 929
Civil Service
HR 357--Congratulations to Federal Civil Service on 75th Anniversary ................_.._._.._...____....___.____......_..._..._.__....._._..261, 320
Clarke County
HB 1152--Commissioners' compensation ..............864, 1007, 1096, 1102, 1457 SR 149--Fire, water, sanitation, and sewerage districts, proposed
amendment to the Constitution............lll5, 1116, 1221, 1224, 1324
Claxton, City of
HB 925--Charter amended ._____............_......................__. 383, 419, 473, 487, 856
Clay
SB 256--Pipelines on rights-of-way for transportation of clay ._-----..-..----........._..._.................__.....685t 718, 776, 845, 1269
Clayton County
HB 764--Commissioners of roads and revenues.--......116, 175, 213, 218, 465 HB 657--Compensation of chief deputy sheriff__------_...44, 63, 122, 132, 318 SB 244--Coroner's compensation _.___________._._--____----___.469, 493, 507, 690, 707 SR 14--Election of school superintendent, proposed amendment to
the Constitution ...._....................................-_........._....._.172, 179, 231 HR 257-662g--School bonds, proposed amendement to the
Constitution ._----_------....................._.................46, 65, 122, 139, 628 HB 656--Tax commissioner duties ........................44, 63, 122, 131, 321, 331
INDEX
1507
Clements, J. S. HE 59-148f--Compensate ------------------------------------ No Action in 1958
Clermont, Town of HB 1052--Charter amended --------------------------.608, 696, 769, 785, 1251
Clift, T. W. HR 108-339a--Compensation .............------...----......................_._.No Action in 1958
Clinch, County Court of HB 658--Compensation of judge and solicitor ----------45, 64, 122, 132, 318
Coal and Coke SB 148--Weight certified; itinerant dealer ------_----..._--.No Action in 1958
Cobb County
HB 737--Compensation of deputy sheriffs._______________.100, 126, 172, 188, 391 HB 740--Compensation of sheriff and deputies------100, 126, 172, 189, 391 HB 636--Recreation Authority --------------------------.18, 49, 121, 129, 390
Cobb Judicial Circuit HB 654--Salary of solicitor-general-------.--.--44, 63, 122, 131, 390
Cobbtown, City of SB 246--Charter amended .----.....------........_-_ ..----469, 493, 508, 690, 708
Cole, J. W. HR 244-635b--Compensation ......._...--------..-.........................--.........--. 18, 49
College Park, City of
HB 1003--Charter amended --------------------------451, 505, 690, 707, 1002 HB 906--City manager _.--------___----_------___------.341, 396, 472, 485, 813 HB 1001--Corporate limits ------------------------------450, 505, 690, 706, 1002 HB 1024--Corporate limits ------------------.----------.500, 619, 768, 779, 1249 HB 905--Corporate limits _--------------------.------.341, 396, 472, 485, 813 HB 900--Corporate limits ........____.--------------..340, 395, 472, 485, 812 HB 1129--Corporate limits .-------------------------.-766, 852, 872, 909, 1401 HB 958--Repaying of streets .___..--..--....----------.413, 476, 615, 624, 929
Collins, Dr. M. D. HR 381--Commending --------....------..........----------------...._._. ---------- .327
Colquitt County
HR 354-847a--Occupation taxes, proposed amendment to the Constitution ...--------..............____.....----.268, 312, 343, 353, 629
1508
INDEX
Columbus, City of
HB 830--Columbus-Muscogee County Planning Commission ____--------------------------
265, 310, 343, 348, 628
Commissioners of Roads and Revenues
HB 935--Clerk in counties of not less than 9,135 and not more than 9,210 ___..____. ___________________________________________ 385, 420,473, 489, 814
Committees
SR 144--Appropriations; continue investigation ,,_............ 1111, 1134, 1343
HR 365--Study operation of boats on inland waterways..------.----------.293
HR 267--Central of Georgia Port Joint Committee;
study purchase of ---------------------- ___________.......54, 66, 79
HR 111--Elections, primary and general; to study in certain
cities ---------..........-..............--------275, 288, 313, 848
HR 289--Election laws study, appropriate funds --------.__--------------------79
HR 518--Employment agencies; to study
,,_._.__.___ ___1229
HR 480--Effecting economies in State Government.............----------.........860
HR 171-554a--Additional State services, study financing.--No Action in 1958
HR 288--Game and fish, inspect coastal facilities..............79, 269, 273, 292
SB 91--General Assembly; to study proposed
legislation _______________________________________------------_No Action in 1958
HR 143-432a--Interim; corporations, etc., investigate
lobbying ------------____________________----------No Action in 1958
HR 397--Study reason for increased insurance rate in
Georgia ..............._.._._________________________----408, 475, 480, 588
HR 411--Study matters relating to increased insurance rates __________________ 494
SR 44--Insurance companies; investigate per centages of earnings ___1412
HB 1131--Create; State insurance fund _______________________________________ 841, 875
HR 285--Compensate; studying industries in Georgia-------------------- 67
HR 88-269a--Create; investigate Jekyll Island ___________________ No Action in 1958
HR 366--Joint; study methods financing additional services .--_------___ 294
HR 219--Study mental hospital __._._..___--------------------_. No Action in 1958
HR 76-240a--Investigate; peace officers annuity and benefit
fund --------------...-...---.---.-__..----------------________No Action in 1958
HR 78-240c--Study peace officers annuity and benefit...--. No Action in 1958
SR 30--Investigate peace officers annuity and benefit
fund __-.----...-.._...--------------------------.____ No Action in 1958
HR 498--Study building for storing permanent
records ..............._...___--.____.----___--.-.--___........ 987, 1099, 1162, 1393
HR 367--Study petroleum industry in Georgia .----.----____________________________ 295
HR 495--Investigate leasing; Port Kings Bay, Camden Co. ------___----... 972
SR 26--Study creating office of public defender ..___----___No Action in 1958
HR 131-398c--Study sales tax --_.___.___._..._____.________._________________ No Action in 1958
HB 1058--Surplus Property; Georgia commissioner of, create agency ._......._____--------------______________________609, 691, 701, 985
HB 486--Textbook and library book; create ----------.__.--No Action in 1958
SR 110--Teachers; investigate salaries of ____________258, 275, 313, 767
HR 358--Study feasibility of statewide juvenile court ------_------___. 275
HR 479--Study traffic safety __--------------_____________________ 855, 875, 878, 1075
HR 503--University of Georgia; investigate charges of students----............
SR 47--Create; welfare study ___._......--.....____.......................................848, 854
INDEX
1509
HB 387--Western and Atlantic Railroad; to determine selling .____.........,,............_,,_.........,,_......__._....._._. No Action in 1958
SR 151---Workmen Compensation Board; to investigate ...................-....-..-.--.^...................lllS, 1116, 1222, 1224
Committee Appointments _.-._-__...---____.__...---..-__....._-......____........_._.___._.....10, 178, 179
Common Carriers
HB 426--Railroad Track Cars; provide windshields, tops, etc. -_........_._........_.____......._____._...__......___...______.No Action in 1958
Compulsory School Attendance HB 1006--1957 Act amended ............_.._..-...-..._-....___...452, 720, 767, 1142, 1452
Conditional Bills of Sales
HB 674--File for record for 2 years ____________,,._,,__,,___.,, 57, 75, 388 HB 998--Amend Act relating to __.__...........__........__.........__.__...._.____..____450, 505
Confederate Army Records HR 331-785f-- Secretary of State authorized to secure Confederate Army and other records ___.____.___-_-----_------_._._.170, 215, 417, 958, 1395
Confederate Veterans HB 610--Pensions to widows of Confederate Veterans, Code 78-216 amended ...._........__._..,,...-......-__.-_---__._...--._.-...-_______..._.823 ) 1247
Congress; Memorialize HR 440--To have a hospital in North Georgia area~--___-672, 845, 855, 1394
Constables HB 910--Pees, Code 24-820 amended-__.__.--___^__._-381, 417, 615, 973, 1394
Contractors SB 277--Prime; obligations of __,,.._.,,._______-._..--....__..,,....--___1115, 1116, 1223
Cook, Hon. Eugene HR 490--Commend and Bill Drafting Unit ....._..__.... .__.._.... __......._._.960, 1247
Coolidge, City of
HB 982--Charter amended __-.-.......-_._-_-__...-_.____.......448, 503, 690, 705, 1001 HB 856-- Charter amended _......_._._-____-_........____-_-..-_.300, 344, 471, 480, 811
Cordele, City of HB 1079--Corporate limits __,.... ..._.-__..-_.--...._.__._._..___..._677, 771, 847, 884, 1398
1510
INDEX
Cornelia, Town of SB 251--Corporate limits __........_..___......._....._.._.__._...._..469, 493, 508, 690, 707
Coroners
SB 181--Compensation in counties of not less than 108,000 and not more than 112,000 population ____________________..________.208, 234, 251, 308, 316
HB 759--Compensation in counties having population of not less than 115,000 and not more than 119,900 _._.___.__.115, 174, 213, 218, 465
Corporations
SB 180--Act of 1938 amended, meetings of incorporators and stock holders, Code Ann. 22-1860 amended... .467, 492, 506, 870, 1281
HB 670--Chartered by Secretary of State, directors ...57, 75, 689, 950, 1393 HR 143-432a--Interim Committee investigate lobbying... ... No Action in 1958
Corrections, State Board of
HR 489--Funds for construction of juvenile detention homes authorized _____........___._____......__.__._.__.........___.__....960, 1099, 1152, 1455
SB 297--Salary of director of State Board of Corrections _..._.....-..-._.._..... 999, 1025, 1098, 1100, 1283, 1320, 1367
Cosmotologists and Hairdressers HB 162--Create examining board ___.........._______-_..._.....306, 313, 328, 407, 588
Counterfeiting HB 684--Banknotes; alteration, possession, etc. ,,____._.........,,_.._.._.._.. ...59, 76
Counties. (See also names of county, name of office, and counties and county matters by population in tabular index.
HB 960--Amount of bonded indebtedness _-______-___413, 471, 476, 835, 1248 HB 789--Authority to levy a tax for school lunch
programs ____________.._____171, 215, 309, 827, 1271, 1314
HB 765--Boards of electrical examiners in counties of not less than 22,650 and not more than 23,450 population ..,,____.,,.___._....,,,,__..--....._..._......_....116, 175, 213, 219, 811
HB 759--Compensation of coroners in counties having not less less than 115,000 and not more than 119,900 persons .....____.......__.___.........__-_........115, 174, 213, 218, 465
HB 1015--County boards of tax assessors in counties of not less than 30,500 and not more than 31,000 population _....._.......____......____...-......_.........._...498, 618, 768, 778, 1249
SB 225--County manager form of government, Code 23-924 amended ......____.__......._______._......^__............-..__.311, 399, 423, 848, 1308
HB 692--Counties having population of not less than 39,000 and not more than 43,000, authorized to license auctions and auction houses _._.__--___..____._...-.-___________----....____.71, 103, 123, 440, 815
HB 894--Counties included as "employers" under Workmen's Compensation Act, Code 114-101 amended ______._________.__________________________..__338, 394, 471, 736, 1248
INDEX
1511
HB 972--Expense accounts for county commissioners in counties of not less than 4,050 and not more than 4,500 population ------------------------------...... 446, 502, 689, 703, 1113
HB 766--Plumbing installations regulated in counties of not less than 22,700 and not more than 23,000 population ......--------__,,..------___----------_.._116, 175, 213, 219, 465
SB 219--Reimbursement by Highway Department for certain legal services __--------____--------.._.____630, 634, 700, 871, 1287, 1458
HR 256-662f--Revenue anticipation obligations to purchase transit equipment, proposed amendment to Constitution --------___._--------___.----.------....46, 65, 307, 643, 1113
County Board of Education
HB 939--Motor Fuel Tax; Refund on fuel used by_..........._.___._.385, 420, 617 HB 92--Power to sue and be sued ____.......--____.....,,,,.....___No Action in 1958
County Court of Atkinson County HB 731--Created ......________...........-..___...........-..-_-..__.._....-..99, 125, 172, 187, 320
County Health Department
HB 539--Pre-martial examinations; file with.----__.-----__No Action in 1958 HB 1064--Regulate disposal and deposit of garbage.-------------.610, 697, 870
County Line Schools HB 786--Amend Act relating to ..--------_----......___------.__.170, 215, 306, 430
County Court of Clinch HB 658--Compensation of judge and solicitor_________......_45, 64, 122, 132, 318
County Maintained Paved Roads HB 1034--Marking of .-_-_------_--__----.....----..........._----.............605, 694, 845
County Manager Form Government HB 698--Vote required .----______............._.___----...-_-..-._____.__._......72, 104, 416
County Officers HB 411--Primary elections ----...--,,_--...--.--__----_....__._.No Action in 1958 HB 849--Change from fee to salary in certain counties....268, 313, 343, 350 HB 807--Sheriffs of State; place on salary system in lieu of fee system _.------__----.----.____--------__..--..-..............244, 270, 474 HB 800--Fee system abolished --------____.------........--_-_245, 270, 474, 494
County Planning Commissions HB 641--1957 Act amended, members .........------____._------.42, 62, 726, 1111 HB 615--In certain counties ------------,,.----_----__....871, 877, 1017, 1393
County Police HB 646--Appointment of, in certain counties ------........----.43, 62, 121, 130
1512
INDEX
County Registrars HB 784--Attorney General; assist __,....._._..._.___..____.__..._..........._.__.169, 214, 309
County Roads HB 178--Tax rates; for maintaining ___.___.______.._..___________________No Action in 1958
County Superintendent Schools HB 822--Qualifications ._.________.___......._.__.._................__.___._._........____.247, 272, 767
County Unit System HB 1020--Reapportionment ..__..___.___.......-._____.__._........_....._..-___--..499, 619, 1007
Court of Appeals
HR 313-772d--Judge emeritus may preside over other courts, proposed amendment to the Constitution ...__.__...__... 118, 176, 307, 662, 1114
HB 835--Service by judges emeritus .....________.265, 310, 388, 661, 1164, 1165 SB 294--Social Security coverage for judges._.....859, 932, 1011, 1099, 1300
Courts of Ordinary SB 197--Change provision as to costs _______..-.._.__._.__.___________._.._____..389, 398, 423
Court Reporters HB 875--Official; fix salaries ___________._.__.____________._.___.._..._..304, 347, 472, 1211
Coweta Judicial Circuit
HB 1018--Delete salary paid by Troup County _______________..__499, 619, 768, 778 HB 1019--Place solicitor on salary basis ..._____.______________.____._._499, 619, 768, 779
Covington, City of HB 1013--Charter amended ___________...._______.__.._.........____498, 618, 768, 778, 1249
Cox, 1st Lt. Charles H., Jr. HR 356-847c--Compensation _._____.__.......______.___.._......_..268, 312, 687, 937, 1395
Crawford, William H.
HR 328-785c--Bust of William H. Crawford to be placed in Georgia Hall of Fame .._._._____.-.....___.._.........._____..-......170, 214, 417, 953, 1397
Credit Associations
HB 824--Intangible property tax; exempt notes held by productive ....,,_-___-.-...-...-__._-.-.....-...-_-_._-...-..-....._.___._._...247, 272, 309
Credit Unions HB 773--State departments; deduct for deposits into.___.___119, 177, 475, 575
INDEX
1513
Crimes
SB SB HB SB
120--False advertising ....._...._......_________............_______..........____._.______307, 326 213--Furnishing dynamite to minors _______________________.317, 321, 416, 1280 702--Private funds to enforce penal laws.___________72, 104, 692, 983, 1393 182--Other than capital felony bailable .....______.._._._...__.__._._..389, 398, 422
Criminal Bonds
HB 980--Fees, Code 27-501 amended ____________________.____________447, 503, 871, 1145, 1146, 1415, 1420
Criminal Court of Fulton County SB 305--Clerk and deputy clerks .__._____.__._......_.___.926, 934, 1013, 1097, 1110
Crooked River State Park HR 334-789a--Easement to United States Government __-_..__..._. 171, 215, 474
D
Dade County HB 1041--Clerical employees for tax commissioner..606, 694, 769, 782, 1250 HB 810--Dade County Water Authority.__.._..,,...__.___.245, 270, 308, 314, 627
Dairy Manufacturing Plants HB 768--Code 42-513 repealed._______.___....-.._____._._.....116, 175, 617, 991, 1456
Dairy SR 122--Price support; memorialize Congress .._____.__.___._. 425, 478, 613, 721
Dallas, City of HB 1124--Council-manager form of govern ment ___.____.....__...........__..__.____________-.__..__...765, 851, 872, 906, 1260, 1331
Dalton, City of HB 672--Charter amended _______._._.................________.._......__57, 75, 122, 133, 290
Daniel, Mr. and Mrs. Lynn HR 195-588a--Compensation _____________.______.._...________________._______________.._.776, 939, 1396
Dawson County HB 956--Tax commissioner's compensation ___.___.____413, 476, 615, 626, 1001
Deceased Persons SB 34--Persons; property of; conveyances and encum brances ...._..-----------_-,,.__.--__.----______......_.__No Action in 1958
1514
INDEX
Deeds HB 999--Where recorded; to secure debt ___..._...___..._------..--------_.__.450, 505
Deer HR 152-474c--Hunting; relative to, in certain counties--....No Action in 1958
DeKalb County
HR 444-1109c--Assessment for garbage disposal, proposed amendment to the Constitution ____.------__.______..-----.-...682, 775, 847, 891, 1394
HR 443-1109b--Authority to install and maintain storm sewers and street lights, proposed amendment to the Constitution ___._------...___------______..----------682, 774, 847, 888, 1394
HB 1125--Compensation of officers ----...------765, 851, 872, 906, 1259, 1266 HB 936--Election of school board members ._________.___385, 420, 473, 489, 814 HR 389-940a--Commissioner of Roads and Revenue, enact
ordinances ____.........._____.-._........______________-............____..385, 421, 474, 537 HR 442-1109a--Ordinances, business licenses, and recorder's court,
proposed amendments to the Consti tution ___.-_........________._....__.._____._.__._.-.....682, 774, 847, 849, 884, 1394 HB 937--Pension system Act amended ___._..___.._._____.___.385, 420, 473, 489, 815
DeKalb County, Civil and Criminal Court of
HB 1126--Name changed, procedure, salaries, etc. .....______-__...-..._..___._-._-.._________.766, 852, 872, 907, 1259, 1267
De Molay HR 514--De Molay Week Proclaimed ........______...-......__..._____.__-__-....1216, 1435
Dental Hygienist
HB 715--Examination fee _____-.......-_.__._........--...___.._.____.97, 123, 306, 372, 684 HB 714--Revocation of licenses ._____...........___..________.._....97, 123, 306, 361, 684
Dentistry
HB 712--Annual registration __________________._________________.97, 123, 306, 358, 684 HB 713--Examination fee ..._........ ................ .97, 123, 306, 360
Department of Commerce HB 859--Director Aviation; create in .______._____________._____.____________301, 345, 475
Department of Labor
HB 857--Posting of out of state "Help Wanted" ads _._____.,,--------_______.__._-.-_._______.,,..---.--.__.300, 345, 388, 578, 1248
HB 774--Relating to railroad companies -_.-_......_...._..____119, 178, 471, 551
Department of Public Health SB 205--Division f oMental Health created_.........._424, 426, 478, 848, 1441
INDEX
1515
Department of Public Safety
HB 839--Learners' permits __--------------------____ 267, 311, 616, 835, 1247 SB 188--License for operation of motor driven
cycles ________._--------------------------_____468, 492, 507, 1222, 1414 HB 709--Salaries ......--_--_------.----------------74, 106, 309, 400, 686, 741 HB 1057--Additional funds for ____.-.--.......----._------------------.609, 697, 869 HB 687--Complete law revision __------------__._____------_____59, 77, 690 HB 532--Drivers' license; reinstatement of ........_..........._.__________.___._______201 HB 975--Employment retirement system --------------------------____-447, 502 HB 881--Forestry investigators .........__________________________________305, 348 SB 229--Georgia Bureau of Investigation; qualifications
of agent ----_--------_----------.--.630, 634, 700, 1007, 1285, 1320 HR 516--Income tax of members .......------------------_.........___----.1217 HB 1005--Jurisdiction of traffic violators _______________ __.__--------...451, 506 HR 278-687k--Motor vehicles; compile all laws relating to
Department of Public Safety ...----_--__--------------___61, 78, 173
Destruction of Property
HR 341-806c--Committee to investigate persons and organizations destroying their own property ..._______212, 251, 689, 825, 944, 1245
Division of Mental Health SB 205--Created; of Department of Public Health__424, 426, 478, 848, 1441
Divorce Actions
SB 214--Costs _--------------------_.---------------------------317, 321, 417, 1445 HB 877--Jurisdiction of divorce actions.----------304, 347, 871, 1206, 1452 SB 183--Practice and procedure amended--------389, 398, 422, 471, 1376 SB 273--Service of publication; period of time ________1003, 1025, 1095, 1100 HB 282--File records with State Board of Health ............No Action in 1958
Documents
HB 898--Legal; illegal simulation of _------..............___----.------.340, 395, 417 HB 904--Legal; illegal simulation of __------------------------..341, 395, 417
Dogs HR 153-474d--Facilities, used apprehending lawbreakers.--No Action in 1958
Dodge County
HB 943--Board of commissioners of roads and revenues ________________.__,,------------------386, 421, 474, 491, 815
HB 878--Commissioner's clerk ___,,--------------------304, 348, 472, 482, 812 HB 879--Compensation of clerk to tax commissioner 304, 348, 472, 482, 812 HB 880--Compensation of ordinary ...------._.--------305, 348, 472, 482, 812 HR 430-1070e--Law books to clerk of superior
court --------------_------.._----------------.611, 689, 769, 789, 1246
Dollar, J. J. HR 35-93a--Compensation __.......------------._------._.__.No Action in 1958
1516
INDEX
Dooly County HB 981--Expenses of Sheriff -._--__.-___._________------------448, 503, 690, 705
Donalsonville, City of HB 924--Charter amended __----------.------------383, 419, 473, 487, 814 SR 120--Conveyance of land to City of Donalsonville authorized _______----___--.___-_----_...------~_.632, 633, 699, 848, 1296
Doraville, City of HB 941--Charter amended _--------__-______._-___-______-__.386, 421, 473, 490, 815 HB 1127--Corporate limits _--------____----___-__766, 852, 872, 909, 1260, 1268
Dorsey, Wilma Hulsey HR 282-702d--Compensation _______-___-_____-______-._.___________--____---._-_.._.....-._.----_._.73
Dougherty County HR 390-940b--Albany-Dougherty County Development Authority, proposed amendment to the Constitution....___________386, 421, 474, 540, 858 HB 911--Albany-Dougherty County Payroll Development, Authority created --------------.-----381, 418, 473, 485, 860, 945
Douglas, City of
HB 895--City manager __________________________________--.339, 394, 472, 484, 813 HB 896--Distribution of natural or manufactured
gas ..___---....--.......----..--..--------_-_______339, 394, 472, 484, 813
Douglas County
HR 362-874d--Bonded debt limit, proposed amendment to the Constitution ____.--------_________------303, 347, 472, 513, 857
HB 1148--Zoning Act repealed .----______--.-------863, 1007, 1096, 1101, 1456
Dower SB 36--Repeal Act relating to --....._...--.._--_-_______--------......----_.________1388
Driver Responsibility Law Amended
SB 194--Amount of liability insurance; offense by non-residents _--_.----------------.------.___389, 398, 423, 1098, 1311
Driver's Licenses
HB 839--Learners' permits .....----.......----._..___--_.___267, 311, 616, 835, 1247 SB 188--Licenses for operation of motor driven
cycles ______________________________------..------468, 492, 507, 1222, 1414
Driver's Training HB 116--Under 18 years of age __.__,,------____________...... No Action in 1958
INDEX
1517
Drug Act
HB 1102--Uniform Narcotic; amend Act relating to ________._.____._______..._......_-..__.___.____._____________.-___-681, 774, 845, 1074, 1159
Drunkenness HB 249--Private residences; other places _._..................._.___.No Action in 1958
Dublin Judicial Circuit
HB 883--Compensation of solicitor-generaL337, 392, 472, 550, 1002, 1230 HB 885--Treutlen County included ......__-__...__.___.___.337, 393, 472, 830, 1248
Dublin
HR 439--To urge Congressional Delegates to support the Veterans Hospital in _________________....________.___._.__._..._....._._.._._-672, 845, 855
Duluth, City of HB 848--New Charter
. 268, 312, 343, 350, 632, 820
Duties HB 762--Time of performance ____________._.___....._......_.___. ..116, 175, 248, 286, 684
Dyar, Hubert L. HR 83-260a--Compensate ........-....................._.____.-.___________._..___. No Action in 1958
Dynamite SB 213--Crime to furnish dynamite to minor................... 317, 321, 416, 1280
E
Early, Peter
HB 328-785c--Bust of Peter Early to be placed in Georgia Hall of Fame _______________________.__...........-_.._...._.__170, 214, 417, 953, 1397
East Point, City of
HB 871--Charter amended
_......,,._ 302, 346, 472, 481, 811
HB 870--Corporate limits __.._....._...._. 302, 346, 472, 481, 811
HB 872--Corporate limits .......................__..____..__.302, 346, 472, 482, 931, 980
HB 899--Corporate limits .._.,,._..____.._______..______.____________. 340, 395, 472, 484, 812
HB 1023--Corporate limits ________________________________________.__.500, 619, 768, 779, 1249
SB 84--Amend charter _________________________._..._..__..___._..___.___.______No Action in 1958
HR 360-874b--Off street parking facilities, proposed amendment to
the Constitution .._,,........_........_........_ 303, 347, 472, 511, 857
HR 359-874a--Use of tax funds, proposed amendment to
the Constitution ___..._________________________________._.____303, 346, 472, 509, 857
Eastman, City of HB 944--Corporate limits ...__.__......_..__._.._______..._._.........387, 421, 474, 491, 815
1518
INDEX
Eatonton, City of HB 938--Charter amended .----.--------------.. 385, 420, 473, 489, 1085, 1087
Economy
SR 84--Resolution encouraging equal treatment to all segments of economy ------___--------------------------------__
52, 53
Education
SR 140--Board of; election of members, amendment to Constitution ------------.__.._____________________ 927, 933, 1012, 1097, 1326
HB 1110--Boards of; encourage attendance ------------------..._ --_762, 849 HB 786--County Line Schools; amend Act relating to__--170, 215, 306, 430 HB 110--Compulsory school attendance; repeal Act-------No Action in 1958 HB 155--Intergrated schools; out of State schools--_------No Action in 1958 HB 154--Minimum foundation program of Education; defray
cost of public transportation ......--------------_____No Action in 1958 SB 237--Minimum foundation program of Education;
amend _---------------..___________________--..____858, 932, 1011, 1220 SB 269--School systems; provide guidance counselors--------685, 719, 776 HB 1122--University of Georgia; admissions of students, age ____________765, 851 SR 50--Committee to study teacher certification and accrediting
of schools ------------------.--------------------------- 1389, 1449 SB 191--Compensation of drivers of school buses __ 208, 235, 252, 306, 646 HB 1006--Compulsory school attendance _______------452, 720, 767, 1142, 1452 HR 246--Educational advantages for gifted children--19, 49, 121, 197, 467 HB 892--Educational services for severely mentally
retarded children _______________________________ 338, 393, 470, 583, 653, 1112 HR 268-687a--Establishment of colleges by political subdivisions,
proposed amendment to the Constitution..--59, 77, 270, 727, 1113 HB 697--Filling vacancies in offices of county school
superintendents, Code 32-1003 amended--..72, 104, 306, 329, 815
HR 347-827e--Investigation of school conditions in Lumpkin and Jefferson Counties ____________248, 273, 470, 580, 621, 746, 1252, 1260
HB 686--Junior College Act of 1958------_________________,,..,,_59, 77, 270, 433, 856
HR 142-429b--Scholarships for prospective teachers, proposed amendment to the Constitution ____________________ ___._...212, 216, 585, 1113
SB 238--Social Security coverage for school bus drivers ------------_--------------------------468, 493, 507, 693, 1310
HR 164-519a--Tax for school lunch programs, proposed amendment to the Constitution ___________________.617, 620, 1051, 1453
HR 165-519b--Tax levy for school lunch programs, proposed amendments to the Constitution ------------.....617, 620, 1054, 1453
Education, County Boards
HB 1082--Compensation of members of county boards of education in counties of not less than 5,952 and not more than 5,962 population _------------------____------------678, 772, 847, 880, 1399
Edwards, James H HR 343-827a--Compensation ..------ ..----,,----....------.247, 272, 613, 936, 1395
INDEX
1519
Eggs HB 676--Grading and marketing -_-..............._.,...._________58, 76, 121, 199, 467
Elbert County
SR 140--Board of Education; proposed amendment to the Constitution ____.__,,.________--_..-.....-._.-.-._.._927, 933, 1012, 1097, 1326
HB 756--Board of Commissioners ____._......-.._....-.-._____.__________115, 174, 212, 218 HR 315-772g--Elect members of the board of education.__^118, 177, 213, 224 HB 755--Salary clerk Superior Court and the Ordinary___.115, 174, 212, 217 HB 757--Amend tax commissioners Act ....-_.._._.___.___..._.__._. 115, 174, 212, 218
Elberta, City of
HB 1031--Created and chartered ._........_..____.._.605, 693, 768, 781, 1156, 1209
Elberton, City of
HB 781--Charter amended _.._._..._....__...._._.___-_-_-169, 213, 249, 253, 859, 956
Elections
HB 1055--Presidential electors .....____.__609, 696, 975, 1272, 1276, 1392, 1438 HB 647--Primary elections in counties of not less than 29,050
and not more than 30,250 ______._...-..'.....____________43, 62, 121, 130, 289 SB 29--Primaries in cities of 200,000 or more
population _________.________________..______....______._______._.1221, 1223, 1329, 1450 SR 159--Study committee extended ____.-_.-......-..._...................___.____..1376, 1443 HB 718--Voters' Registration Act ,,_ _ 97, 124, 1137, 1151, 1177, 1456 SB 52--Voters' Registration Act amended as to counties having
within their borders cities with a population of 300,000 or more ._........._-._-_.___..,,_..,,__--.-----.._--......-.-...-..-.-..._..._752, 770, 854 HR 289--Election Laws Study Committee, appropriate funds ....___.._.__.___.__.79 HB 791--Ballots; election other than Primary ........................... 209, 249, 475 SR 111--Primary and General; committee to study in certain cities ..............................._______-.-...-..-...-..................... 275, 288, 313, 848 HB 411--County officers; Primary elections ......................No Action in 1958 SB 223--Primary; qualification fees certain cities ................... 275, 288, 313 HB 477--Voting by absentee servicemen; ballot vouchers^No Action in 1958 HB 353--Voters; declare name of spouse when register ing __.................................,,,,,,______----._-----................. No Action in 1958 HB 907--Voting machines; provided in all elections ........341, 396, 617, 1151 HB 247--Voters; registration and qualification _____..____..___No Action in 1958 HB 801--Voters; qualifications of ....___.____-_-___-___._-......_..__.._._______.__...-.211, 250
Electrical Engineers
HB 765--Boards of electrical examiners in counties of not less than 22,650 and not more than 23,450 population...._.____116, 175, 213, 219, 811
Electors HR 433-1070h--Registration qualifications ___.__..._................_.........612, 699, 874
Ellijay, City of HB 710--Recorder's Court .._.._..............................._........96, 123, 172, 185, 319 HB 711--Salaries .______........_..__............................._........_.97, 123, 172, 185, 319
1520
INDEX
Electric Companies
HB 362--Railroad and; actions against --------------------No Action in 1958 HB 721--Membership Corporation; amend Act relating to---- 98, 124, 614
Eminent Domain HB 1178--Georgia Public Service Commission; right of ------------1094, 1223
Employees Retirement System
HB 790--County tax receivers, tax collectors and tax commissioners included --------209, 249, 614, 1029, 1260, 1271, 1365, 1426, 1428
SB 218--Jekyll Island authority covered----------630, 634, 700, 870, 1257 HB 99--State employees; transfer service credits.-------No Action in 1958 HB 4--State employees; receive goods and service at Hospital-.-----235 SB 83--Employees' pensions; certain cities, credit prior
service _________________________________________-__---------------- No Action in 1958 HR 205--Employers contribution; teachers' retirement
system ----------------------------------------No Action in 1958
Employment
HB 349--Payment of wages due deceased persons, Code 66-103 amended --------------------------.------------870, 877, 1213, 1454
HB 777--Employment security law; real estate commission--------120, 178
Employment Agencies
HR 518--Agencies; committee to study ........----..,,..-.------------------. 1229 HB 758--Private employment agencies; regulate ------------------115, 174 HB 720--Private employment agencies; regulate --------------------98, 124
Engineering HB 470--Advisory board; create --------------------------No Action in 1958
English, Pierce R. HR 400-968c--Land conveyance authorized .---- ----415, 477, 692, 824, 1245
English, Mrs. W. P. HR 400-968c--Land conveyance authorized ..............415, 477, 692, 824, 1245
Estate HB 825--Wife's; assumption of husband's debts----247, 272, 412, 416, 757
Estates SB
33--Ward; capacity to manage his ,,.......----...........................----------12
Evans County HB 630--Compensation of ordinary ------------------17, 48, 121, 128, 288
INDEX
1521
Evans, Olyn HR 393-942a--Compensation ......___-.-....__-........____-._....______.-.-_--..----- 386, 421
Evidence SB 235--Filing of brief; motion for new trial ,__.__.............___......468, 492, 507
Exceptions SB 272--Pendente Lite; what Judge certify..--.......... 999, 1025, 1095, 1100
Executors SB 292--Non-resident may qualify as ..........___..... 926, 934, 1005, 1012, 1014
Excise Taxes
HR 374--Repeal of excise taxes on transportation of freight and passengers urged ......_-.__._-_-...-.-___..__.__.....__324, 617, 621, 827, 1000
Fairburn, City of HB 968--Charter amended ..........___-_......_____.____-...__.__.415, 477, 615, 626, 930
Fair, Miss Dale Presented to House as Governor of Girls State ._...___ _.__....,,___.,,..,, _.___...111
Fairs HB 1060--Exhibits by Commissioner of Agriculture at agricultural fairs __________._.__.._________________,_____.609, 687, 701, 825, 1252
False Advertising SB 120--Injunctions, crimes ,,.....,,_____-......_,,_-._-.-.........___-_-......__-__--..307, 326
False Arrest HB 91--Actions for false arrest, defenses in certain cases _______.._.........______..........________.__.........121, 127, 282, 684
Fannin County HB 1170--Compensation of commissioners and clerk of commissioner ....,,__._-_.--....._..______._.._.867, 1010, 1096, 1106, 1451
Farmers Market SR 116--Improvement of .........._.___._........._...______......__.._.342, 356, 396, 1237 HR 375-894a--Improvement of .._.__.,,......_...______-._..............___........_...-.338, 394
1522
INDEX
Payette Superior Court HB 667--Terms -___________._.-.......--........_..-..-.......-.-...56, 74, 123, 405, 686, 732
Fayetteville, City of
HB 806--Election hours ._,,,,_____,,,,..__.....____.__.___.211, 249, 252, 274, 811 HB 804--Amend charter ._._.___.._____..____________________________211, 249, 252, 274
Federal Civil Service HE 357--Congratulations on 75th anniversary -_,,._________________________261, 320
Federal Soil Bank Program HR 484--Handling, Congress memorialized __________________.868, 944, 962, 1246
Federal Aid Highway Projects HB 611--Relocation of utility facilities _.......................__..___No Action in 1958
Federal Highways SB 199--Speed limit; change provisions for setting ______.______.630, 633, 699
Federal Social Security HB 167--Cover certain State employees ___.____..______._.._.___....No Action in 1958
Few, William
HR 271-687d--Bust to be placed in Georgia Hall of Fame ..........._.........................................60, 77, 309, 555, 930
Feed HB 375--Livestock; lien in behalf of suppliers ,,__,,._....._...._,,..__....................68
Felonies
SB 299--Prescribed where punishment may be reduced _____1111, 1116, 1223 HB 193--Capital case; accept plea of guilty .............._____.___.___.________471, 479
Finance Commission SB 50--Budget Bureau; add members --.__.----_-...___---__No Action in 1958
Fingerprint HB 407--Pawnbroker; persons who pawn items _____________No Action in 1958
Firemen
HB 1069--Act providing for pensions for members of fire departments in cities of 150,000, amended.____._._______________.611, 698, 769, 787, 1398
SB 238--Social Security coverage __.____.___________________468, 493, 507, 693, 1310 HB 1038--Pensions; amend Act ._..._.____.___...._____606, 694, 1007, 1175, 1392
INDEX
1523
Firearms
HB 377--Require registration of _----------------_------No Action in 1958 HB 683--Require registration with Ordinary _________----------.59, 76, 307 HB 659--Revenue Tax Act; felony if found on violator _----_----------45, 64
Pish and Game Laws
HB 245--Taking of crabs _-___-_______-------------_----------.No Action in 1958 HB 1174--Fishing in county of residence with worms,
cut dead bait ....----_--____--...._--____---..-_-_-..-----__-867, 1010 HB 1118--Resident hunting and fishing license in
salt water ,_,,__.------___--___________------------___----,,--____--.--_.764, 851 HB 403--Taking rough fish by baskets _------------------.No Action in 1958 HB 727--Fishing on Sundays; repeal --_--------------------------99, 125, 417 HB 200--Fishing in private ponds without license --------No Action in 1958 HB 556--Fishing; public bridges, misdemeanor __,,_------No Action in 1958 HB 441--Hunting and fishing on own property
without license ----------___--------___------,,------. No Action in 1958 HB 752--Wholesale fish dealer; redefine ----------------..------------114, 174
Flowery Branch, Town of
HB 1051--Code 92-4101 thru 92-4104 not applicable .__-----.------------------608, 696, 770, 785, 1251
Floyd County
HB 1046--Employees of clerk of superior court and sheriff _----------------------------607, 695, 769, 784, 1251
HB 1047--Tax commissioner's assistants _------...__.------..608, 696, 769, 784
Floyd, Melody Ann
HR 345-827c--Compensation for injuries to Melody Ann Floyd ___------------------------248, 272, 613, 941, 1395
Food Service Establishments Advisory Council
HB 823--Created ..__.___------_247, 272, 387, 754, 816, 1044, 1392, 1404, 1434
Food
HB 324--Food Act; inspect imported nuts, fruits and vegetables --------___--------------------------No Action in 1958
HB 771--Georgia Food Act; evidence in courts _------__--------..117, 176, 305 HB 300--Food service establishments; standards
of sanitation ------------------------------_--------No Action in 1958 HB 842--Flour, bread, corn meal, hominy, grits, etc.;
regulate sale of ........__.._--------__.__.___.._----------...267, 311
Forest Park, City of
HB 1104--Charter amended -.--------_..--------------..681, 774, 872, 901, 1400
Ford, Mrs. Virginia B.
HR 158-503a--Compensation .______..----------.----------.No Action in 1958
1524
INDEX
Foresters SB 53--Registration of foresters ..----___----.------------------------.1411
Forestry Investigators HB 881--Department of Public Safety ._._..... ..,,_._.._......._......
305, 348
Forestry Commission SB 49--Pilots not subject to Workmen's Compensation Laws -------471
Forsyth County
SB 309--Compensation of commissioners of
roads and revenues
_.__...__.._._.-. --927, 933, 1012, 1097, 1330
SB 310--Compensation of sheriff and clerk of
superior court ---------- ...._._______.______.-..--927, 933, 1012, 1097, 1330
SB 311--Salary of tax commissioner __.---------927, 933, 1012, 1097, 1330
Fortson, Ben W. Jr.
Communication ........._..._._--
_..._........_..... ___.._._.._..__.------------
5
Forrester, E. L. HR 292--Address the General Assembly - -------------------
. 81, 164
Freeman, Hon. William B. HR 488--Commending --...._____...,,.----------------------------.------ ... -......,, 955
Fraternities
HR 428-1070c--Fraternity and sorority properties exempt from taxation in certain cases, proposed amendment to the Constitution ----------..___._._...--------611, 693, 702, 965, 1396
Fuel HB 913--Tobacco tax on used in curing; refund ----------------. .. ..__. 382, 418
Fulton County
HB 1156--Atlanta-Fulton County Educational Commission created --------------864, 1008, 1096, 1103, 1365, 1387
HB 1067--Board of education employee's retirement fund Act amended ----------------------...610, 698, 769, 1157, 1230
HB 1143--Civil Service Board ----------------.----843, 876, 1005, 1017, 1402 HB 1077--Employees' Retirement Act amended .......677, 771, 846, 878, 1398 HB 1146--Employee's retirement system --------..........844, 877, 1005, 1402 HR 476-1142a--Fulton County-City of Atlanta Pension
Study Commission ............--------------843, 876, 1006, 1017, 1393 SB 163--Amend pension Act _......._...--------.----.............No Action in 1958 SB 123--Tax Digests prepared ............872, 1007, 1225, 1417, 1426, 1428 HR 382-909a--Buy land State Property Committee ...____._.____.--_.342, 396, 848 SB 210--Taxes; pay in installments .__.___.__...-------------.___.______. 208, 235, 252
INDEX
1525
SB 151--Taxes; payment of current year ____--,,--__._._..--No Action in 1958 HR 196-596a--Atlanta, Fulton; Study Committee,
Problems Tax .----.._...------.----------------------.No Action in 1958
Fulton County, Civil Court of
HB 1119--Chief deputy clerk and chief deputy marshal ------------------------------764, 851, 872, 905, 1401
HB 1054--Sales of personal property ----.------------609, 696, 769, 786, 1252
Fulton County, Criminal Court of SB 305--Clerk and deputy clerks --------------..926, 934, 1013, 1097, 1110
Fulton Superior Court HB 1120--Judges' compensation --------.------------764, 851, 872, 905, 1401
Future Governors HR 220-622a--Succeed themselves .------------.----------------No Action in 1958
G
Gainesville, City of
HB 834--Charter amended --------------------------_. 265, 310, 343, 349, 628
Game and Fish
HB 992--Barter and sale of game fish ----------..449, 504, 873, 1210, 1456 HB 821--Legal hours for commercial fishing in counties of
not less than 7,320 and not more than 7,620 population --------.--------------246, 271, 308, 315, 1114, 1183 SB 275--Taking of oysters ------------------------999, 1025, 1098, 1100, 1304 HB 735--Taking of shrimp ----------------_------..100, 125, 308, 325, 816 HR 288--Coastal facilities, Game Fish Committee; inspect ------ .------------.-- --__----__--------79, 269, 273, 292 SB 291--Game & Fish Commission; duplicate licenses --------------------------926, 933, 1006, 1012, 1014 SB 290--Game & Fish Commission; revoke licenses ......926, 933, 1006, 1012 HB 1174--Fishing in county of residence with worms, cut dead bait ___-------.----------_------------------.------------867, 1010 HB 245--Fish and Game Laws; taking of crabs ----------No Action in 1958 HB 1118--Resident hunting and fishing in salt water; license ------764, 851 HB 403--Fish; taking rough fish by baskets --------------No Action in 1958 HB 200--Fishing in private ponds without license ..__----No Action in 1958 HB 556--Fishing; public bridges, misdemeanor _...--------No Action in 1958 HB 441--Hunting and fashing on own property without license -,,__---------------- --------...------No Action in 1958 HB 727--Fishing on Sundays; repeal _------------------_....99, 125, 417 HB 462--Deer hunting; regulate in certain counties .--......No Action in 1958
Garden City, Town of
HB 1022--Corporate limits --------------------------499, 619, 768, 779, 1249
1526
INDEX
Garbage
HB 1064--County Boards of Health; regulate disposal and deposit of _.............___._____..............______..__..........____610, 697, 870
Garnishment
HB 990--Service of answer, Code 46-301A enacted ........_____........._..__.____.._....449, 504, 691, 995, 996, 1435, 1437
SB 187--Wages exempt, Code 46-208 amended ....389, 398, 422, 471, 1303 HB 991--Service of writs -_._._..........-.-._-.__.__.................-.-.__._..__-.449, 504, 874
General Assembly
HR 349-838a--Institute of Law and Government to investigate advisability of staff services for Legislature ___.............._.______.._..........._...___._.....266, 311, 693, 1150
HR 457--Adjournment ................_._________._..........._____....._..........._..___.___.___..___._._675 HR 177-55g--Funds; allocated to counties, etc. -___........______No Action in 1958 HR 290--Amend House Rules 152 and 153 ___________.__________80, 691, 702, 969 HR 492--Increase expense allowance ._________,,____....873, 965, 1049, 1139, 1141 HR 524--Personnel and Interim Committees -__-___.,,._..-------_______._...........1317 HR 121-373a--Members of, compensation ____________________________No Action in 1958 HR 242--House Rules; amend ....---.-..__._.-_.-.-_.-..-____._._.-.-........-._..12, 21, 37 HR 241--House Attaches ....._.._.._.___..._...............__._..._..................___________........10 HR 247--House Resolution 4, 1957 Session; amend ...._--.______.........___19 HR 427-1070b--Members of, change terms and
compensation ._...___________._-.,,--611, 698, 770, 1059, 1064. 1133, 1169 HR 412-1027a--Change terms, compensation ._..........____.__..____.............._.500, 620 SB 91--Committee to study proposed legislation ____._.._.No Action in 1958 HR 366--Joint Committee to study methods financing
additional services ___________--,,--------,,___.._...----------________.,,.....___294 HR 337--Hon. Marvin Griffin; Joint Session January 27 to hear.... 195, 237 HR 309--Honorary Pages; providing for ..__.............._.________.........._.________....108 HR 403--Proposing a basketball game for March of Dimes ._.___.__....__......427
General Tax Act HB 225--Repeal lobbying Act -______..-._,,..-.-.........-,,-_..........._.......__.___._............__.204
Georgetown, Town of
HR 340-806b--Land conveyance to Town of Georgetown authorized ...._...___.._._...._......_212, 251, 474, 572, 857
"Georgia" HR 432-1070g--State song, arrangements ________________612, 691, 702, 816, 1246
Georgia Bureau of Investigation SB 229--Qualifications of agent __......._..630, 634, 700, 1007, 1285, 1320
INDEX
1527
Georgia Civil Defense Act
HB 794--Lines of succession of public officials in emergencies _,,______.__________________...__.209, 250, 269, 554, 929
HB 792--Membership of Civil Defense Council .----209, 250, 269, 551, 928 HB 793--Temporary seat of government ._.__........____209, 250, 269, 553, 929
Georgia Commission of Surplus Property HB 1058--Create agency _______.___________________._________.609, 691, 701, 985
Georgia Commission on Alcoholism SB 255--Per diem of members ____.______________________631, 634, 700, 1004, 1294
Georgia Economic Poison Act HB 840--1950 Act amended ________________________.267, 305, 311, 733, 1247
Georgia Pood Act HB 240--Packaging _______________________________________________________579, 928 HB 324--Inspect imported nuts, fruits and vegetables----.No Action in 1958 HB 771--Evidence in courts ____________________________._________117, 176, 305
Georgia Hall of Fame Placing of busts of named famous Georgians therein ._,,__________,,__
HR 327-785b--Plaque to be placed at entrance..__..170, 214, 417, 952, 1397
Georgia Industrial Authority HB 531--Create -._________.__--_____________________________No Action in 1958
Georgia Fire Institute HB 469--Create extension, at Georgia Institute of Technology _________________________________.__________No Action in 1958
Georgia Magazine HR 468--Commending .___.____________________-___________________________.____________744
Georgia Military Forces HB 805--Assistant Adjutant General; qualifications of__211, 251, 614, 755
Georgia Ports Authority SB 202--Powers and duties defined _________927, 932, 1007, 1011, 1013, 1136 HR 494--Reports ______________,,__.--___________________970, 1006, 1013, 1138
Georgia Public Service Commission HB 1178--Right of eminent domain _.____________________________.._.__1094, 1223
Georgia Recreation Commission SB 248--Created __________________________631, 634, 700, 1006, 1286, 1451
1528
INDEX
Georgia Rural Roads Authority HB 694--Amend Act creating ........____........_.__________71, 103, 123, 164, 249, 259
Georgia Rural Roads HB 707--State Highway Board; lease rentals paid by________74, 105, 123, 319
Georgia Seed Law HB 1135--Amended, definitions ------...--842, 868, 875, 1026, 1083, 1456
Georgia Textbook and Library Book Committee HB 486--Create ._....___...--------------------------------.- No Action in 1958
Gifted Children HR 246--Interest in educational advantages ----.......-19, 49, 121, 197, 467
Gilmer County
HR 276-687i--Board of education, proposed amendment to the Constitution _.--..--.-----------.._._.- 61, 78, 122, 160, 629
HB 666--Terms of commissioners ._.__..._.----------.___..__-56, 74, 122, 133, 289
Glennville, City of HB 1128--Charter amended __...-..-.....-.-----------....766, 852, 872, 909, 1401
Glenwood, City of HB 1048--New Charter ----------------------._......------608, 696, 769, 784, 1251
Glynn County
SR 104--Creation of office of tax assessor, proposed amendment to the Constitution --------------..._.._...._------392, 397, 422, 690, 716
Gold Star Mothers HR 485--Memorial be made to Georgia ------_...__..------------..----------._ --945
Golden, Miles V. HR 10-7c--Compensate
--------......__.._..--_________......_.No Action in 1958
Gordon County
HB 729--Fire protection district -----------------...-- 99, 125, 172, 187, 319 HB 728--Sheriff's compensation --____.______.____------...___.99, 125, 172, 187, 319
Governors HR 220-622a--Future; succeed themselves ------._..----------No Action in 1958
Grady County
SR 123--Taxes, proposed amendment to the Constitution ------------------__.________----.-.__._._.810, 852, 1020
INDEX
1529
Grand Juries
HB 695--Nominations for offices filled by grand jury appointments ___.....__.._,,.._.._...______..71, 104, 307, 583, 1112
SB 126--Superior courts; continue beyond term; certain counties --.--_------------__----------_------No Action in 1958
Greene County SB 190--Commissioners' compensation, etc. ....._.....208, 235, 251, 308, 316
Green, Mr. John HR 350-838b--Compensate ___...-..-......___.._.._-................_...-......-..-.._._._---...266, 311
Griffin, City of HB 1010--Corporate limits __.._...__..___________.________._._._.__-498, 618, 768, 777, 1249
Griffin Judicial Circuit HB 873--Salary of official court reporter ________________303, 346, 472, 508, 856
Griswell, Elias Pink HR 304-744b--Compensation ____.........._______._-..._........-..-102, 127, 613, 935, 1397
Groover, Honorable Denmark, Sr. HR 425--Expressing regret at the death of ..-...-.-________.__-..-..-.-......._____._____601
Guidance Counselors SB 269--School Systems; provide ._____-.-......-.-...-.-_______..__......-....685, 719, 776
Guardian and Ward
SB 32--Code 49-103, 49-112, 49-113, 49-202, 49-203, 49-204, 49-213, 49-214, 49-216, 49-226, 49-238, 49-308, 49-310, 49-313, 49-401, 49-806, 49-807, 49-810 amended. Code 49-212 repealed ........_...______-_................_.._________.______.....1378, 1458
HB 256--Custody and distribution of funds by ordinaries, Code 49-701 amended _.--__-____. 871, 877, 1207, 1456
HB 846--Guardians to act as administrators of estates in certain cases __________________________._____________268, 312, 388, 823, 1247
H
Hairdressers and Cosmetologist HB 162--Create Examining Board ___.______________________306, 313, 328, 407, 588
Hale, Susan S. HR 477-1142b--Compensation to Susan S. Hale________843, 869, 876, 1024, 1393,
1530
INDEX
Hale, W. M. HR 477-1142b--Compensation to W. M. Hale ._-...843, 869, 876, 1024, 1383
Hall County
HR 416-1044c--Board of education, proposed amendment to the Constitution _._.__.....__.____.______.._.____607, 695, 769, 794, 1246
HR 279-702a--Fire protection districts, proposed amendments to the Constitution __________--_-_____._________-..__________72, 768, 790, 1245
HR 310-772a--Law books to superior court ......_-._.....117, 176, 213, 221, 467
Hall of Fame
HR 327-785b--Busts of famous Georgians to be placed therein; Plaque to be placed at entrance___..__...-._____170, 214, 417, 952, 1397
Hampton, City of
HB 745--Name changed from Town of Hampton, corporate limits ......___....._...._....__113, 173, 212, 216, 1002, 1064
Hancock, E. Frank HR 170-529a--Compensation to E. Frank Hancock ............._._..........__....21, 209
Haralson County SB 314--Compensation of commissioner of roads and revenue .--_.._.___.._--_--__.____1115, 1117, 1221, 1224, 1331 HB 1165--Office of tax commissioner created ....866, 1009, 1096, 1105, 1458
Haralson Superior Court HB 1161--Terms ..........__.__._.................______............._._865, 1008, 1096, 1104, 1457
Harmon, T. G. HR 478-1143a--Relieve security on appearance bond -.....__.---.-.__..----.-..---_..--._ ...___.843, 871, 876, 878
Hart County HB 917--Abolish office of Treasurer ........_..___......_....._._._382, 418, 689, 703 HB 916--Create Board of Commissioners of Roads and Revenues _.._._____.____.._____.....382, 418, 689, 703 HR 398-968a--Members Board of Education to 8 ...._..........415, 477, 690, 708 HB 915--Nomination of persons elected ...._____.......____________382, 418, 689, 702
Hartsfield, Mayor HR 306--Regard NAACP ................._...............__.._.._...__..____....___.._.__._._____107
Hawkins, Benjamin
HR 328-785c--Bust of Benjamin Hawkins to be placed in Georgia Hall of Fame _....................___.........170, 214, 417, 953, 1397
INDEX
1531
Head, Roy HR 461-1117c--Roy Head Bridge designated ._-_..._764, 850, 872, 925, 1453
Health
SB 205--Creation of Division of Mental Health of Department of Public Health __________.____________.___________..424, 426, 478, 848, 1441
HB 823--Food Services Establishments Advisory Council created ______ 247, 272, 387, 754, 754, 816, 1044, 1392, 1404, 1434
SB 203--Treatment of mentally ill persons ___423, 426, 478, 848, 1430, 1450
Health Department HB 299--Contagious T B; authorize leaves for patients ...No Action in 1958
Health, State Board of SB 293--1946 Act amended, rules, etc. __.__.........999, 1025, 1099, 1100, 1408
Henry County
HR 303-744g--Board of education; proposed amendment to the Constitution ..._........___.........._........102, 127, 172, 192, 392
HB 914--Compensation of board of education^._.....382, 418, 473, 486, 813 SB 220--Fee system abolished ......._.._____.______....._..275, 288, 313, 343, 350
Highway Department
SB 219--Reimbursement to law department and counties for certain legal services ......____........______630, 634, 700, 871, 1287, 1458
Highways
HB 418--State Highway Board, districts _.....__._.-......._______.-..._....__...._._.686, 739 HB 1036--Upkeep of highways in
municipalities _........______.......______......_...605, 688, 701, 967, 1272, 1276 SB 256--Use of rights-of-way for transportation of clay
via pipelines ......_,,_._________-____________.__685, 718, 776, 845, 1269 HR 181-561a--Maintenance crews working hours ____________No Action in 1958 HB 178--Tax rates; maintaining county roads ____________No Action in 1958 HB 628--Motor driven cycles, speed limit ________.__...__.__.._._________17, 48 HB 751--Toll roads, bridges ___..-._____.-.-....._._-......._____._______________..._.114, 173 SB 177--Projects; Federal aid; relocation
utility facilities .._........._......___.._.________________..._______.342, 356, 397 HB 611--Federal Aid Highway Projects; relocation
of utility facilities _______________________________________No Action in 1958 HB 694--Georgia Rural Roads Authority; amend
Act creating _______.___________________71, 103, 123, 164, 249, 259
Hog Cholera
SR 117--Fund for eradication of hog cholera authorized _____________________________-342, 356, 397, 1238
HR 373--Eradication ..___._.._._____________..____________.__323
153?
INDEX
Holloway, John Arthur, Sr.
HR 449-1109h--Compensation of John Arthur Holloway, Sr. .._..._......__........._....__...._.-._683, 775, 869, 1023, 1394
Holly Springs, City of
HB 1093--Name changed from Town of Holly Springs _.....___-__._....._.___...._._.......679, 773, 847, 879, 1399
Home Rule SB 212--Municipalities; provide for in ___________.___..__._____._..____1115, 1116, 1223
Homestead HB 378--Exemption of certain taxes ______________________________........_._........693, 701
Horak, Alexander J. HR 113-352a--Compensation _._.______._________,,__-______--.No Action in 1958 HR 370-881b--Compensation .....______.-...-.___......,,._.-..._.___._.....-_------305, 348
Hospital Advisory Committee SB 293--1946 Act amended _--....._,,.....__._....._.999, 1025, 1099, 1100, 1408
Hospitals SR 172--Veterans Hospital Facilities Study Committee _______...._1__1434, 1443 HR 446-1109e--State Authority; issue 8 million dollars revenue bond _....____....--____..._.--__......-.__....--___682, 770, 776, 951 HR 440--Urge Congressional Delegates to have a hospital in North Georgia area _._....--_..__,,.__.__..._..__672, 845, 855, 1394 HB 283--Liens ...-___._._.-.....-____-...-...-___-.._..______._..____No Action in 1958
Houston County SB 230--Board of commissioners _________________________..--317, 322, 473, 550 HR 322-722n--Board of Education, proposed amendment to the Constitution ._.._.._-__..___._._.._.119, 177, 213, 228, 629
Human Blood SB 209--Transfusions; labeling of ......_....._..._._.686, 719, 776, 1004, 1314
Hunting and Fishing HB 441--On own property without license --------__--__--.No action in 1958
Hunting HB 462--Deer; regulate in certain counties ________________No Action in 1958
Husband's Debts HB 825--Wife's estate; assumption of _........_.......__.247, 272, 412, 416, 757
INDEX
1533
Husband HB 908--Wife; abduction of; rights of----.---------------------------341, 396
Hygienist, Dental
HB 715--Examination fee --__-------------------- .._. 97, 123, 306, 372, 684 HB 714--Revocation of licenses _--------___.----_--97, 123, 306, 361, 684
I
Illegal Liquor Campaign Fund SR 115--Authorize committee investigating to receive payment --------------._.--_----------------320, 321, 1007
Income Tax
HB 1059--Provide for deduction of Federal Income Tax ------------609, 697 HB 46--Deduct Federal Income Tax from State ----55, 70, 501, 617, 621
Industry
SR 138--Committee to study ways of promoting industry extended ----------------------.859, 931, 1011, 1222, 1359
HR 294--Preservation of favorable industrial climate in Georgia --------83
Institute of Law and Government
HR 349-838a--Investigation to determine advisability of staff services for legislature ___.__----------------------266, 311, 693, 1150
SR 114--Study Other States .....,,...........------------------------320, 321, 1007
Intangible Property Tax
HB 126--Affidavit of tax paid by holder ------------------No Action in 1958 HB 824--Exempt notes held by productive credit
associations ..-_--------------------------------.......----247, 272, 309
Insurance
HB 829--Commissions on sales made by non-resident agents ------------------______------------------265, 309, 435, 931, 948
SB 194--Driver Responsibility Law amended, amount of liability insurance, offenses by non-residents ------------------------------389, 398, 423, 1098, 1311
HR 323--Insurance laws revision committee ----------------------------_109, 474, 479, 658, 1085, 1131
SB 107--Licensing of insurance companies, Code 56-403 amended--.1374 SR 152--Rate study committee .--------------------------------------1111, 1134 HB 736--Reciprocal insurers __.----------------.--------------100, 126, 428, 816
HB 888--Refunds of premiums in certain cases, Code 56-816a enacted ------__.------------------------337, 393, 846, 1167, 1452
1534
INDEX
HB 266--Regulation of reciprocal insurance trans actions ......................__......._.._._._..._._.685, 719, 776, 846, 1301, 1451
HB 984--Venue of actions against insurance com panies ..___________._______________._.______________448, 503, 614, 1077, 1404, 1408
HB 120--Life Insurance Policy; rights to change beneficiary ...._________,,--___----_--_____--_________._.No Action in 1958
HB 121--Life Insurance Policy; insured right to change beneficiary ----,,____________________________________No Action in 1958
HB 118--Life Insurance Policy; changing beneficiary____No Action in 1958 HB 119--Life Insurance Policy; give insured notice
change ________________________________________________No Action in 1958 HB 797--Insurance Laws; annuity contract, sale of____.__--------_-- 210, 250 HB 551--Insurance Adjusters; licensing of ___________________No Action in 1958 HB 813--Borrower and Purchaser; select agent for.-------------__--245, 271 HB 199--License Pees and Occupational Tax; company
agents __________________________________________________________No Action in 1958 HB 843--Accident, Liability Casualty; amendn.ents_._______-___ 267, 311, 402 HB 163--Motor Vehicles; compulsory liability ______________-No Action in 1958 HB 970--Rate Increase; provide for public hearings prior to.---___415, 478 HB 971--Rate Increase; provide for public hearings prior to..__________415 478 HB 742--Insurance Councilors; licensing of ____________,,_--____--.101, 126 HB 743--Insurance Councilors; licensing of ___________________________ 101, 126 SB 267--Companies; venue of suits against, amend _____________..998, 1025, 1100 SR 44--Companies; committee to investigate per centages
of earnings ____________________________________,,___________----___________1412 HR 411--Committee study matters relating to increased rates____--______494 HB 811--Trade Practice Law; amendments .__________________-____-___245, 270 HB 1131--State Insurance Fund Committee; create ________________841, 875 HR 397--Committee Study to find reason for increased rate in
Georgia ___________-_-__________-___________________408, 475, 480, 588 HB 442--Health and Accident; non-cancellable after 5
years _____________________________________________________No Action in 1958 HB 852--Hospital Insurance; in effect 1 year not cancellable by
insurer _______________________________________-___-________300, 344, 688 HB 788--Workmen's Compensation; unfair trade practices.--____--__171, 215
Integrated Schools HB 155--Out of State Schools ______________________________No Action in 1958
Irwin County HB 817--Election of commissioners ____________________.__.246, 271, 308, 315, 466
Israel HR 162--Oppose Sanctions Against State of ___,,___._._._______.______,, ____________________197
Ivie, Mrs. Christine HR 297-744a--Compensation _______________________._101, 127, 687, 935, 1396
J Jail Escaping
HB 988--Punishment for participating in .._.________________._.___.__.___._448, 504, 767
INDEX
1535
Jasper County
HB 1027--Compensation of treasurer ---------------500, 620, 768, 780, 1250 SR 98--Law books to ordinary ._------______,,_____208, 234, 251, 308, 317
Jeff Davis County HB 816--Board of commissioner of roads and revenues.--246, 271, 308, 315
Jeff Davis County Board of Education HR 258-662b--Land conveyance authorized-------.-47, 65, 474, 568, 930
Jefferson County
HR 347-827--Investigation of school conditions .--------------..248, 273, 470, 508, 621, 746, 1252, 1260
Jefferson Davis Highway HR 481-1159a--Designation of routes ------.------865, 1004, 1008, 1013, 1157
Jekyll Island Authority
,
SB 218--Employees covered by retirement system._630, 634, 700, 870, 1257 HR 88-269a--Create committee to investigate...--____.....No Action in 1958 HR 128--Authority appearance --------------------__No Action in 1958 HR 438--Commending __......._.._------..__....._._.._____.____..._._670
Jesup, City Court of SB 250--Rules, salaries, terms, costs, etc....--....--.....809, 817, 853, 872, 920
Jim Woodruff Reservoir
SR 130--Removal of building restrictions from certain land near Jim Woodruff Reservoir....-.----.859, 931, 1006, 1010, 1014, 1295
Johnson County HB 889--Compensation of commissioners .........._--338, 393, 472, 483, 812 HR 123-373c--Elect members of board of education...------__No Action in 1958
Joiner, Dr. Horace G. HR 417-1044d--Compensation __----____------------..--.....607, 695, 844, 938, 1396
Jones, Chester H. HR 159-505a--Relieved as surety on bond --.....--....._------__------...1065, 1454
Jones County SB 306--Expenses of county commissioners .........926, 934, 1013, 1097, 1227
Jones, Dr. Jack W. HR 353-838e--Compensation ----.------------.----267, 311, 1004, 1140, 1455
1536
INDEX
Jonesboro, City of HB 1042--Corporate limits .--.--------------.--------606, 694, 769, 782, 1251
Joyner, Rosyer HR 434-1071a--Compensation .-.---------------------612, 699, 869, 1023, 1396
Judges
HB 1134--Court of Appeals; coverage under old age survivors insurance _------------------__--------_____.----------.------..----842, 875
HB 693--Superior Court Emeritus; amend Act creating ,,.__71, 103, 767 HB 833--Superior Courts, Emeritus; temporary service----------265, 310 HB 201--Salaries; certain justices, judges, etc.--------------No Action in 1958 HB 367--Justices of Peace; fees --------------------------__-No Action in 1958
Judges Pro Hac Vice
HB 837--Judges emeritus of superior courts may serve ---------------------------------------- ..266, 310, 388, 661, 1247
Judicial Circuits
HB 1019--Coweta Judicial Circuit; place solicitor on salary basis ----------------------------------_.------.499, 619, 768, 779
HB 1018--Coweta Judicial Circuit; delete salary paid by Troup County ----------------------------------------499, 619, 768, 778
HB 325--Ocmulgee Judicial Circuit; provide additional Judge _.._----------__----------------.___--------.------No Action in 1958
HB 1017--Troup Judicial Circuit; create ----------------------_----499, 619, 874
Judgments
SB 215--Judgments as liens on real estate, how perfected -..-.-----------------------630, 634, 699, 767, 1448, 1449
HB 533--Motions for --------------------------___----------No Action in 1958 SB 276--Dormancy of; entries on execution ..----.--------810, 818, 853, 1005 SB 208--Summary; define court to which same
apply ------------_------------------------........630, 633, 689, 702, 1307
Junior Colleges . HB 686--Junior College Act of 1958 _--------__.__.__._._______ 59, 77, 270, 433, 856
Justices of the Peace HB 912--Fees, Code 24-1601 amended----------.382, 418, 615, 970, 1397
Juvenile Courts
SB 270--Juvenile Court Act amended, probation.-809, 818, 853, 871, 1369 HB 278--Appoint temporary Judges ------------____________ No Action in 1958 HB 976--Stolen Goods; punishment for juveniles and receiver
of goods ------------ _.......................... ..447, 502, 614 HR 358--Committee to study feasibility of statewide juvenile court--.-- 275 SB 198--Amend Act ----------------__-------------------..-390, 399, 423, 471
INDEX
1537
Juvenile Detention Homes
HR 489--Funds for construction of juvenile detention homes authorized ______,,_-_____..--____----__----____--_____-._..960, 1099, 1152, 1455
HB 897--State Detention Homes Act ____________..339, 395, 475, 737, 1085, 1086
K
Kennesaw, City of HB 989--Corporate limits, charter amended ..-----449, 504, 690, 705, 1001
King, W. Chester HR 387--W. Chester King Elementary School designated.-....--.. _-----.-377
King, Charlie E. HR 465-1120a--Compensation ------ ....
.-------- -.... 765, 851
Kite, Town of HB 1173--Charter amended .....__...__..__.....__.............867, 1010, 1096, 1106, 1452
L
Labor, Department of HB 774--Relating to railroad companies __....---- .____.__----__119, 178, 471, 551
Labeling of Human Blood SB 209--Blood transfusions __....----.._.._........._.. ..--.686, 719, 776, 1004, 1314
Lafayette, City of SB 286--City manager form of government.--...--810, 818, 853, 872, 920
Land HR 451-1109J--Sale of, conveyed to State; Stephens County.-- 683, 775, 874 HB 66--Uncultivated Timber Land; possession of .__._.....No Action in 1958 HB 65--Recovery of land; limit the time for ._____....___.........No Action in 1958 HB 386--Titles; owner pays last 20 years ..______....__.._._.....__..No Action in 1958
Land Surveyors HB 430--Compensation to surveyors and helpers when surveying disputed county lines, Code 23-407 amended ____..._____....-201, 1111 SB 268--Examinations and certificates ___._----..999, 1025, 1099, 1100, 1370
Landscape Architects SB 300--Board; created ....___.__....__...._----_.__----.1003, 1026, 1099, 1101, 1309
1538
INDEX
Lanham, Henderson HR 491--Memorializing Hon. Henderson Lanham ----------------961, 1247
Lanier County HB 814--Compensation of commissioners---------.---245, 271, 308, 314, 466
Lavonia, City of HB 815--Charter amended --------------------.---- 246, 271, 308, 314, 627
Law Department
SB 219--Reimbursement for certain services to Highway Department .-------.--------.---630, 634, 700, 871, 1287, 1458
Law Enforcement
HB 702--Private funds to enforce penal laws....----72, 104, 692, 983, 1393 HR 153-474d--Dogs; facilities used apprehending law
breakers -----------------------------------------No Action in 1958 HB 1098--Bail; affidavit required for ....__._____.....__._.._.. ----------------680, 767
Law
HB HB
SB SR
653--Practice of; regulate -------------------------------- ---..44, 63 961--Graduates from certain schools; practice without
examination -____--------------___...____________------..414, 471, 476, 664 10--Library; establish certain counties--------------No Action in 1958 114--And Government, Institute of; study other states.-320, 321, 1007
Lawrenceville, City of HB 1096--Corporate limits -... .._..___........................... -680, 773, 847, 880, 1400
Leary, City of
HB 725--Name changed from Town of Leary, charter amended --------------_____..._....__.___--.------.99, 125, 172, 186, 319
Lee County HB 631--Compensation of ordinary ---------------17, 48, 121, 128, 288
Leesburg, City Court of HB 632--Qualifications of judge and solicitor---------17, 48, 121, 128, 289
Leesburg State Farmers' Market HR 486--Disposition of property ____,,-__----------..--------.__...------ ... .947, 1247
Legal Documents
HB 904--Illegal simulation of _--------------------.------------341, 395, 417 HB 898--Illegal simulation of -------------------------.340, 395, 417
INDEX
1539
Libel
HB 799--Retractions in mitigation of damages.---- 210, 250, 388, 582, 856 HB 238--Newspapers; libel law repealed----------------.--No Action in 1058
Liberty County
HR 274-687g--Industrial authority, proposed amendment to the Constitution ------------------------------------60, 78, 122, 158, 1454
HR 383-909b--Buy certain land from the State .----------------342, 396, 848 HR 272-687e--Elect members of the board of education----60, 77, 122, 155
Librarian
HB 1011--University of Georgia Law School; state librarian deliver books to _--__------------------__--_----------------498, 618, 691
Licenses
HB 246--Motor Vehicles; liens ........___----__--------------------No Action in 1958 HB 1118--Resident huntng and fishing in salt water ------------------764, 851 SB 291--Game and fish commission; duplicate -926, 933, 1006, 1012, 1014 SB 290--Game and fish commission; revoke.----_----.._926, 933, 1006, 1012 SB 201--Motor Vehicle; revocation of, primary
evidence .__.--.____------_--------------------------630, 633, 699, 1098 HB 199--Insurance; fees and occupational tax; company
agents ......._--------------------------.------------.No Action in 1958
Liens
HB 283--Hospital; liens --__--.--.------------------____._.....____.___ No Action in 1958
Lindsley, Thulia HR 9-7b--Compensation ............--------------------------_ ----..----869, 1023, 1396
Linwood, Town of SB 284--Charter amended ---------.------------..--. 810, 818, 853, 872, 919
Literature
SB 207--Act creating Georgia Literature Commission amended -----_-.-----------------....809, 817, 852, 874, 1305, 1450
Liquor
HB 660--Intoxicating Liquors; sale of ...--------------------------___ ..----45, 64 SR 115--Illegal Campaign Fund; authorize committee investigating
to receive payment ------------------------------------ ..320, 321, 1007 HB 855--Spirituous Liquors; prohibit advertisement of ,,..._.._........_..300, 344
Livestock. (See also Agriculture)
HB 760--Act regulating and licensing livestock dealers amended --------.......------...-____----...-..--_.--115, 174, 309, 429, 816
SR 118--Authorize investigation of slaughtered livestock ----------___--------------------_----------.342, 356, 397, 1240
1540
INDEX
HR 372--Slaughtered in the State; inspection of .__________........______.-..___________322 HB 375--Feed; lien in behalf of suppliers ,,..______......._._______,,_......_..____.....____. ___._.68
Livestock and Poultry Disease Control Board HB 775--Members, compensation ........_._.___......___.____.119, 178, 416, 638, 1112
Lobbying
HB 225--General Tax Act; repeal _.__....,,--
204
Long County HB 964--Compensation of ordinary ______________________.______414, 477, 615, 625, 930
Long, Crawf ord W.
HR 328-785c--Bust of Crawford W. Long to be placed in Georgia Hall of Fame ...._____.__._.._...........-__._._._....._....170, 214, 417, 953, 1397
Lotteries
HB 19--Punishment of persons convicted of operating_.__No Action in 1958 HB 787--Participating, playing, betting; misdemeanor__._170, 215, 248, 283
Louisville, Town of HB 770--Elections ___.__........_....._-_____._._.............._.___117, 176, 213, 219, 632, 721
Lowndes County
HR 379-894e--Board of Education, proposed amendment to the Constitution ..._______.__.._._________._.___________339, 394, 473, 530, 1260, 1289
Lieutenant Governor HB 780--Relating to second primary ....... ...._.__.__..... 120, 178, 307, 408, 1000
Ludowici, City of HB 1074--Charter amended
....
677, 771, 846, 883, 1398
Ludowici, City Court of HB 965--Salaries, rules, etc. ......._____.__..___......_.....__._....._._414, 477, 615, 625, 930
Lumpkin County
HR 380-894f--Amount of bonded indebtedness, proposed amendment to the Constitution .__.____.__...._....___.____...........__._...339, 394, 473, 535, 858
HR 347-827e--Investigation of school conditions ____._......___.___.____..248, 273, 470, 580, 621, 746, 1252, 1260
HB 893--Tax commissioner's salary ___.__________..__._..______338, 394, 472, 484, 812
Lyons, City of HB 717--Change corporate limits ___._._.____________._97, 124, 172, 185, 1156, 1180
INDEX
1541
Me
McCranie, Mrs. Willa Mae HR 434-1071a--Compensation _______._._._____.___.......---612, 699, 869, 1023, 1396
McDonough, City of HB 747--Corporate limits __....--------.._.._.------------ 114, 173, 212, 216, 1112
McCullers, Horace A. HR 235-625a--Compensation
.___-.----.No Action in 1958
McNall, Hon. Frank HR 487--Memorializing Hon. Prank McNall _--_._.------------..--------.----948
McCurdy, Mr. and Mrs. HR 73-207a--Compensate .
--------._..__...--------.--No Action in 1958
McParland, Dr. Ross A. HR 371--Invitation; address the General Assembly.------------------322, 392
Mclntosh County
SB 185--Compensation, sheriff and clerk Superior court--..--208, 234, 251 SB 189--Tax commissioner ,,_--------------------_----.--..208, 234, 251 HR 275-687h--Board of education _--.------------._._._......-.----60, 78, 122, 146
McWhorter, Hamilton HR 264--Deploring illness ...------_________--......____----_--------..------__------49
M
Macon, City of
HB 969--Alley closed _----......--------....------___.----..415, 478, 616, 626, 930 HB 1160--Change compensation of officers .......,--__------..__._.._..._--.865, 1008 HB 974--Corporate limits ----._.------.----.,,_.______447, 502, 689, 704, 1001 HB 1166--Corporate limits ----..____------------........866, 1009, 1096, 1105, 1451 HB 685--Disposition of property ratified ----_.____ 59, 77, 122, 134, 290 HB 1159--Recorder's court ----------------_----.865, 1008, 1096, 1104, 1457 HB 738--Recorder's court clerk ...............__...._._----____.865, 1008, 1096, 1104 HR 482-1165a--Safety of buildings, proposed amendment to the
Constitution ----____------_._.--............866, 1009, 1097, 1107, 1455
Macon, City Court of
HB 1097--Deputy clerks ----.------------..._-,,--_.680, 773, 847, 880, 1400
Malt Beverages
HB 851--Presence of 864 ounces . --_------------___--____________.,,___298, 344 HB 660--Intoxicating Liquors; sale of ------------.--------------__ 45, 64
1542
INDEX
Manley, W. F. HR 298-744b--Compensation ..__.._..___.___.._----......----__101, 127, 470, 566, 1114
Manor, City of HB 1073--Incorporated .. .. .----..--------------_--___--677, 771, 846, 883, 1398
Marietta, City of
HR 332-787a--Board of Lights and Waterworks, proposed amendment to the Constitution ____--------____--------171, 215, 249, 253, 629
HB 819--Corporate limits, election hours, etc. ..__.___... 246, 271, 308, 315, 627
Marriage Licenses
SB 211--Application, waiting period, etc., Code 53-202 amended ....------------------___------..390, 399, 423, 848, 1272, 1449
HB 863--Return to parties by ordinaries after recording ____--___.____-.._______.___..----_--------._301, 345, 388, 642, 1112
Master and Servant HB 349--Payment of wages due deceased persons, Code 66-103 amended __--_----_--------..------------------870, 877, 1213, 1454
Mathews, Hon. George L. HR 296--Election to State Highway Board --._--___._--__--_------------_____91, 92
Meal HB 842--Flour, bread, corn, hominy, grits, etc.; regulate sale of...__267, 311
Meat HB 577--Poultry and dairy processing plants; sanitary conditions of ___------------------------------------___________ _ No Action in 1958
Medical Services SB 155--Non-profit Medical Services Act amended ,,-____.---- 205, 411, 836
Medicine HB 186--Practice by aliens, Code Ann. 84-927 amended.....------.328, 684 HB 58--Sales tax; exclude medical or burial expenses ----.----,,.__.__.56 HB 853--Sales tax; medicines exempt ______._,,__._--------------________300, 344
Mental Health SR 150--Study committee extended .----------1111, 1134, 1222, 1224, 1343
Mentally 111
SB 203--Treatment of mentally ill persons._._423, 426, 478, 848, 1430, 1450 HR 219--Mental Hospital; committee to study ----------.No Action in 1958
INDEX
1543
Mentally Retarded Children HB 892--Educational services ._,,...._.... .....__.._...338, 393, 470, 583, 653, 1112
Middle Judicial Circuit HB 1139--Compensation of solicitor general ___._...842, 876, 1005, 1016, 1402
Milan, City of HB 954--Charter amended _______........__.__._.....................413, 476, 615, 624, 929
Milk
HR 176-554f--School system to furnish milk _--,,--_.__._______.No Action in 1958 HB 295--Require label on grades, standards, etc. .______________.No Action in 1958
Milk Control Commission HB 986--Milk sheds, inspections, etc. ____._______448, 503, 613, 759, 1003, 1067
Milledgeville, City of HB 696--Charter amended __.__________._____________71, 104, 122, 134, 391, 595, 809
Milledgeville State Hospital
HR 263-662m--Employees to be advised of rights under the State Merit
System ....________,,____.___.___.._..__..___.._...............47, 65, 474, 1079, 1454
HB 173--Provide waste disposal plant ._._._.._____...--..____..___..__.__._.474, 479, 1056
HR 395--Requesting presence of performers from ........
__..__...__ ..402
Mines, Mining and Geology HR 54-148a--Publication authorized -..-...._................-.._-.-_______..___.__..._.....67, 685
Minimum Foundation Program of Education Act
SB 191--Compensation of school bus drivers .............208, 235, 252, 306, 646 HB 154--Defray cost of public transportation.................^ No Action in 1958 SB 237--Amend __,,____.____-_._--______..__--___________._.._.858, 932, 1011, 1220 HB 396--Revoking; teachers certificates ....................No Action in 1958
Minors
HB 256--Custody and distribution of funds by ordinaries, Code
49-701 amended ______.... .....871, 877, 1207, 1456
HB 54--Employment of persons under eighteen years of age on premises
where alcoholic beverages are sold __,,__.,,________._..._13, 203, 279, 928
HB 1004--Support of minor children in certain
cases
....................................451, 506, 691, 1437, 4152, 1555
HB 52--Aid to dependent children Act; age limit ............No Action in 1958
Mitchell County HB 634--Commissioners' salaries __.._--..._-..______..___........18, 49, 121, 129, 289
1544
INDEX
Mobley, C. A. HR 321-7721--Compensation ------.-.-.------------. 119, 177, 613, 940, 1397
Monticello, City of HB 1026--Corporate limits __.._.............. 500, 620, 768, 780. 1156, 1158
Moody, Alice A. HR 173-554c--Compensation ....._..... ..--...--------------------.... No Action in 1958
Morgan County HB 826--Compensation of commissioners ......____..__.___.247, 272, 308, 316, 467
Mortgages
SB 16--Effect of "open end" mortgages limited ___._____________.___......._.403, 860
HB 997--Recording of _---_...-..._-
----.-.....450, 505
Motor Common Carriers Act HB 439--Code 68-802 amended ------------.--------------.........287, 655, 1247
Motor Fuel Distributors HB 891--Bonds _....--.-------------------....._...----338, 393, 617, 833, 1248
Motor Fuel
HB 308--Tax; impose on fuel purchased in other states -.----173, 179, 285
HB 847--Tax; refund tax to municipalities ......._............._.________.268, 312, 388
HB 689--Seller to display certain signs .----............70, 103, 616, 1181, 1454
HB 939--Tax; refund on fuel used by county board of
education --
--------.,,-..----------_.._..._...385, 420, 617
Motor Vehicles
HB 620--Automobile license plates for members of National Guard ......----------------------.616, 620, 831, 988, 1393
SB 194--Driver Responsibility Law amended----389, 398, 423, 1098, 1311 HR 437--Tax laws study committee ..668, 1006, 1013, 1148, 1455 HB 292--Locating; fees for Sheriff ------------.._.__--.------...No Action in 1958 SB 196--Registration and licenses by counties; amend
Act _..__._...468, 492, 507 HB 133--Define bicycle and inspection of school bus ------------------------13 SB 201--Licenses; revocation of, primary evidence .----630, 633, 699, 1098 HB 901--Special permits for operating when exceeding weight
limit ....--...---------------------------------340, 395 HB 987--State revenue commissioner to regulate issuance of title
to certain motor vehicles ------------_.------_____.----_----------448, 504 HB 1021--Public service commission; permits for extra size,
weight vehicle .......----------_...----_--,,._,,....--------------------499, 619 HB 957--Speed limit of; increase speed ...--------------_._._.----.------..413, 476 HB 274--Parking of -..---------_---------------------No Action in 1958 HB 628--Motor driven cycles, speed limit ------------------------... 17, 48
INDEX
1545
HB 47--Licenses; decrease fees _________----_--_--------._--------41, 55, 56 HB 13--Unlawful to race ___________------_----_..-------- No Action in 1958 HB 416--Trucks and vans; painting information on....--_____No Action in 1958 HB 348--Licenses; registration and licensing_________----.....No Action in 1958 HB 212--License plates; certain counties purchase by
mail --------_----------------_--.--_.........__..No Action in 1958 HR 278-687k--Compile all laws relating to Department of Public
Safety .__..__....----_----___..--_ .61, 78, 173 HR 94-275a--Exempt state, county ad valorem tax ......__._.No Action in 1958 HB 425--License, pro-rate ___------------____----___----___----.No Action in 1958 HR 399-968b--Subject only to license tax ------------____________415, 477, 617 HB 152--Operators; financial responsibility.......________._______.No Action in 1958 HB 269--Regulate installment buying of used cars __________________..__......_-------- 14 HB 131--Revoked license ____________________.---- ...No Action in 1958 HB 116--Driver training; under 18 years of age-----..----.No Action in 1958 HB 163--Compulsory liability insurance ,,_____________--_____No Action in 1958 HB 168--Define reckless driving ____----------_----_--------.__ No Action in 1958 HB 246--Liens __..__.____.._...-__.__.__._______________________----___----........No Action in 1958 HB 60--National Guard members; special license....._...._.No Action in 1958
Moultrie, City of
HB 1103--Corporate limits _..------_----------------_.......451, 505, 690, 707, 1002
Mountain View, City of
HB 763--Charter abolished.... --------------------------__116, 175, 213, 218, 465
Municipal Corporations
HB 960--Amount of bonded indebtedness .,,.__..----_ 413, 471, 476, 835, 1248 HB 665--Code 69-101 thru 69-104 repealed, charter amend
ments ----------_------__.._--.................----56, 74, 308, 589, 928 HB 1016--Pension Act applying to cities of over 150,000
population amended _________________...___..499, 619, 871, 900, 1397 HB 1070--Pension Act applying to cities of over 150,000
population amended .._______________________._____611, 698, 769, 787, 1398 HR 256-662f--Revenue anticipation obligations to purchase transit
equipment, proposed amendment to the Constitution --------------------_.----.___________46, 65, 307, 643, 1113 HB 1036--Upkeep of highways _____________________.605, 688, 701, 967, 1272, 1276 HB 1141--Taxes for ordinary current expenses...----_________..843, 874, 876, 877
Municipalities
SB 212--Provide for home rule --------___.................................1115, 1116, 1223 HB 847--Motor fuel; refund tax to municipalities ....................268, 312, 388
Municipal Court of Augusta
HB 1113--Judge's secretary ______._--------._............----763, 850, 872, 901, 1401
Municipal Court of Savannah SB 302--Salary of chief judge ....----------___________926, 934, 1013, 1097, 1110
Municipal Planning Commissions
HB 641--1957 Act amended, members .--------..------------42, 62, 726, 1111
1546
INDEX
Murray County
HB 651--Clerk of board of roads and revenues __________44, 63, 122, 131, 318 HB 808--Streets abandoned _,,_____-____.__--__._.__245, 270, 308, 313, 627
Muscogee County
HB 830--Columbus-Muscogee County Planning Com mission ______..._._.._...._..-.-..-...,,...,,_.__-265, 310, 343, 348, 628
HB 832--Pension fund __,,----.--. _.._-..__..265, 310, 343, 349, 628
N
Narcotics HB 1102--Drug Act; amend Act relating to..-.....__681, 774, 845, 1074, 1159
National Guard HB 620--Automobile license plates for members of _______________________________..........__.......616, 620, 831, 988, 1393 HR 470--Resolution protesting proposed cut in strength .....--_____753, 1000 HB 60--Members; special license ___.,,.--..._.,,..._.._._......No Action in 1958
Negro Facilities for Mental Defective HB 84--General appropriations ____.__..............._._..__._......No Action in 1958
Nelson, City of SB 301--Name changed from Town of Nelson, charter amended ........_.........._............_.._.___.........926, 934, 1012, 1097, 1227
Newnan, City of HB 886--Street closed __..___,,-..-_._______-___--___________337, 393, 472, 483, 1112
Newman, Mrs. Josie Mae HR 261-662k--Compensation ......_.--..-.-.-...-_.____.__............____....47, 65, 469, 1113
Newspapers HB 501--Publishing corporations; domicile ....._.__________._.__No Action in 1958 HB 238--Libel law repealed ___-----___________,,_____...........No Action in 1958
Newton, City of HB 621--Charter amended ......................._-.......___.__...._..___.._..121, 128, 180, 317
Newton County HR 420-1044g--Conveyance of stained glass window from state ........................_......-_____..._.........._.._607, 695, 769, 789, 1246
INDEX
1547
Nix, Earl HE 462-1117d--Earl Nix Bridge designated _____________764, 850, 872, 925, 1453
Non-Residents
HB 372--Define jurisdiction of certain suits __.___--_______._No Action in 1958 SB 292--Executors; may qualify ________________________926. 934, 1005, 1012, 1014
Non-Profit Medical Service Act SB 155--Amended .-._-_____........-.__________........-.___.__.._........_________...-.__.205, 411, 836
Norman, David HR 138-412b--Compensation ______________.__..___________.._____.___.___.___767, 776, 939, 1396
Notaries, Public SB 258--Authority ._______.______..__.__________.____________._______.___631, 634, 700, 845, 1314
Nurses HB 339--Practical; examination, licensing of __________________ No Action in 1958
Nursing HB 882--Convalescent, boarding homes; licensing of ___________________---336, 392
o
Ocean Hi-way SR 112--U. S. Highway 17 designated as "Ocean Hi-way" ____._________.._____.____.________-._________....___-.._632. 633, 699, 770, 1313
Oconee County HB 918--Commissioners' compensation .___..........._.._382, 418, 473, 486, 813
Oconee Judicial Circuit HB 884--Salary of solicitor-general ________,,,,___.----337, 393, 472, 550, 1000 HB 885--Treutlen County excluded ..._,,-_.........._.--.337, 393, 472, 830, 1248
Ocmulgee Judicial Circuit HB 325--Provide additional judge -.---_,,...--.--------...-....No Action in 1958
Odom, Clemon HR 58-148e--Compensation to Clemon Odom .....__-__._--_--..._..__869, 959, 1396
Offenses HB 787--Lottery; participating, playing, betting; misdemeanor ________________,,.____________-___________170, 215, 248, 283
1548
INDEX
Official Court Reporters HB 875--Fix salaries _._.___________.______________________.____.________________304, 347, 472, 1211
Oglethorpe, General James Edward HR 464--Tribute to ______________________________.._____________________________.________________________________723
Oil and Gas
SB 315--Payment authorized for first producing oil well _______________________________________________.____1115, 1117, 1223, 1224, 1377
HB 1168--Bonus for first oil well in Georgia ______________866, 1007, 1009, 1014
Old Age Assistance Act
SB 232--Amount of assistance ____________________________________424, 426, 479, 693, 831 HB 1063--Maximum income of recipient ______________________________________610, 697, 1007
Old Age Survivors Insurance HB 1134--Judges Court of Appeals; coverage under __________________ ._..____842, 875
Omega, City of HB 679--Name changed, charter amended _________._________.58, 76, 122, 134, 290
Optometry
HB 1105--Define ________________________________________________________________________________ ______681, 744
HB 565--Define
_______
_________ No Action in 1958
Open Well, Holes HB 902--Abandoned; unlawful to have ______________ -340, 395, 691, 838, 1045
Ordinaries
HB 1072--Commissioners of the Ordinaries Retirement Fund
of Georgia, created ___________________________ 612, 689, 702, 837, 1260, 1265
HB 256--Custody and distribution of funds of minors and insane
persons, Code 49-701 amended _______________.__685, 718, 776, 845, 1269
HB 803--Destruction of pre-niarital examination certificates
after one year ________________________________________________211, 250, 388, 829, 1247
HB 783--Duties where no administration of
estate necessary ______________________________ 169, 214, 417, 823, 1259, 1322
SB 308--Employees in counties of not less than 108,000 and not
more than 114,000 persons ______________________927, 933, 1012, 1097, 1227
SB 226--Filing of wills by persons still in life ____._._____..._311, 399, 423, 1282
HB 661--Office hours, Code 24-2104 amended ________45, 64, 416, 742, 1111
HB 863--Return of marriage licenses to parties after
licenses are recorded ____________________________________301, 345, 388, 642, 1112
HR 435-1071b--Tax to pay costs of ordinaries
retirement fund __.____..__._____._.________________________612, 689, 702, 981, 1394
HB 683--Require registration of firearms
___.______.,,__._____ 59, 76, 307
HB 966--Change composition of Retirement Board ..______.__,,____ ___414, 477, 767
HB 385--Extend jurisdiction of court of in
certain counties _________________-____________________________-__..____No Action in 1958
INDEX
1549
Osteopathy HB 107--Define the practice of --_.__------__----------,,--------__---307, 313
Osteopathic Profession Committee report --..-.-- --.._--------._._-----_--._____ --._..._------. -- ----------.1183
Overpasses and Underpasses HB 903--Responsibility of railroads _____________------340, 395, 688, 988, 1080
P
Pannell, W. Guy HR 243-635a--Georgia Forestry Commission; pay compensation ----.18, 49
Pardon and Parole Board
HB 667--State Wide Probotion Act,
amended ------ ._----______-____________56, 74, 123, 405, 686, 723
HB 1175--Provide information
--__._--._.__----------_----867, 1010
Parent and Child
HB 1004--Support of minor children in certain cases ------------------------..451, 506, 691, 1437, 1452, 1555
Parks
HB 983--Compensation of Director of
State Parks
_.
__
.448, 503, 617, 839, 1248
HB 973--Control; use for recreational
purposes
__....._,,__.446, 502, 581, 616, 753, 1113
HB 655--Uniforms for employees of State
Parks Department ----------
__...----------44, 63, 308, 443, 928
Paulding County HB 1035--Coroner's compensation ____.....--______.___.__.......605, 694, 769, 781, 1250
Pawnbroker HB 407--Fingerprint persons who pawn items ------------No Action in 1958
Peace Officers
HB 699--Fees as witnesses in counties of 300,000
or more persons ________________________________________72, 104, 248, 465
HR 76-240a--Annuity and Benefit Fund; committee
investigate .....
..___-- --..------ -- -- No Action in 1958
HR 78-240c--Annuity and Benefit; committee to study....No Action in 1958
SR 30--Annuity and Benefit Fund; committee to
investigate ____...._.______--._.__.____.----.._.__----.....---No Action in 1958
1550
INDEX
Peace Officers' Annuity and Benefit Fund
HB 708--Amended .----------------------------74, 106, 309, 319, 436, 860, 977 HR 369-881a--Taxation to support, proposed amendment to
the Constitution ------------------305, 348, 416, 616, 962, 964, 1396
Pensions
SB 83--Employees, certain cities; credit prior service --No Action in 1958 HB 1038--Firemen; amend Act --------------------606, 694, 1007, 1175, 1392 HB 610--Confederate widows; change pensions ------------------823, 1247
Petroleum Products HB 691--Branding, Code 73-222 amended --71, 103, 248, 616, 1205, 1452
Petroleum
HR 367--Committee to study industry in Georgia ___---------------- 295 HB 689--Motor fuel; seller to display
certain signs _--._____--------_----___--__70, 103, 616, 1181, 1454
Phillips, Mrs. Blanche
HR 419-1044b--Compensation to Mrs. Blanche Phillips ...--------------------------..----607, 695, 868, 942, 1396
Photographic Equipment HB 643--Clerk Superior Court; use of ------------....----,,_,,_......------.....42, 62
Pickens County
HR 312-772c--Board of Education, proposed amendment to the Constitution -.----,,-..---------------..118, 176, 213, 221
Piedmont Judicial Circuit SB 173--Expense allowance for judge --------------------No Action in 1958
Pierce County
HR 259-662i--Board of Education; proposed amendment to the Constitution ..---------------------.47, 65, 122, 152, 628
Pin Ball Machines
HB 831--Counties of not less than 20,300 and not more than 20,900 authorized to levy tax-------- .--------265, 310, 343, 349, 628
HB 681--Regulate in counties ---------------------------------------- .58, 76 HB 749--Define and prohibit ..............----....----..--.----------------114, 173 HB 627--Prohibit use in certain localities --------_------_--------.... 17, 48
Pine Mountain, Town of HB 664--Name changed from Town of Chipley------56, 74, 122, 132, 289
INDEX
1551
Pineora, City of HB 1130--Incorporated .___.____.__________-___._.._~-_..__~-841, 875, 1005, 1016, 1401
Planning Boards
HB 1137--Number of members in cities having population of more than 300,000 persons ______.__.____..__.__.___._____.842, 875, 1005, 1016, 1402
Planning Commissions
HB 890--Act of 1951, relating to counties of not less than 108,000 and not more than 112,000, amended _.________.__.___338, 393, 472, 483, 812
HB 641--1957 Act amended, members ..___.....____-.....-________...._.42, 62, 726, 1111 HB 615--In certain counties ...._____-.....____-__.._.........._....____871, 877, 1017, 1393
Plumbing
HB 766--Plumbing installations regulated in counties of not less than 22,700 and not more than 23,000 persons____116, 175, 213, 219, 465
Podiatry (See State Board of Podiatry Examiners)
Poisons HB 840--Georgia Economic Poisons Act amended..^267, 305, 311, 733, 1247
Policemen
SB 238--Social security coverage _______.._________________..468, 493, 507, 693, 1310 HB 646--Appointment of in certain counties ...________._.__.______.43, 62, 121, 130
Political subdivisions
HB 960--Amount of bonded indebtedness ______._._____413, 471, 476, 835, 1248 HR 28-71a--Incur debts __,,____________,,____--___,,..____-_--.__________,,....No Action in 1958
Polk County
HR 300-744d--Bonded indebtedness, proposed amendment to the Constitution _______________________________________ 102, 127, 172, 190, 392
HB 962--Compensation of coroner ._________...__________....___. 414, 477, 615, 625, 930 HB 796--County attorney ....._______..________........__.__________...210, 249, 252, 273, 627 HB 795--Travel expenses of chairman of
county commissioners ......____......-.________.....__..210, 249, 252, 273, 627
Port Kings Bay
HR 495--Camden county; committee to investigate leasing ___________ ._______972
Portal, Town of
HB 909--Charter amended ____.__.____.__________.________._____..___341, 396, 472, 485, 856
Port Authorities
HB 1053--Brunswick Port Authority Act amended ..__-_..-...-____-....-..._-...-...-_...____608, 696, 769, 785, 1251
1552
INDEX
Port Wentworth, City of
HB 955--Charter amended __._-..___._______________...________.-__413, 476, 615, 624, 1001 HB 864--Charter amended ___-____........_.___._._..____......______.301, 345, 472, 481, 811
Ports Authority SB 202--Powers and duties defined ________ 927, 932, 1007, 1011, 1013, 1136
Powder Springs, City of HB 706--Charter amended .........__.________........_.___.___._......73, 105, 122, 135, 319
Practical Nurses HB 339--Examination, licensing of ____...,,.,,.--..-_-___..--...... ..-No Action in 1958
Practice and Procedure
SB 214--Costs in divorce actions ........._________.........._____....317, 321, 417, 1445
SB 37--Determination of heirs at law _________._.____________________.__________________.___1236
SB 183--Divorce and alimony actions .....__._____._.......389, 398, 422, 471, 1376
HB 91--False arrest, defenses in
certain cases ....._..___.___________......__._____.._._..._.___._______121, 127, 282, 684
HB 990--Garnishment, service of answer,
Code 46-301A enacted _.._..._.449, 504, 691, 995, 996, 1435, 1437
SB 215--Judgments as liens on real estate,
how perfected __________.............._._____..._630, 634, 699, 767, 1448, 1449
HB 877--Jurisdiction (venue) of divorce actions._.304, 347, 871, 1206, 1452
HR 467--Legislative intent in adopting Code 38-711
expressed in resolution ____.___.__.___.__..__.__.____739, 846, 854, 1028, 1453
HB 653--Law, practice of; regulate ___._----_-...____-,,--.._______--_--._.._...__-44, 63
HB 862--Secretary of State may designate
employees to accept service _____.__._____________.301, 345, 475, 990, 1393
HB 837--Selection of judges pro hac vice ..._____________266, 310, 388, 661, 1247
HB 984--Venue of actions against insurance
companies
..
,, ____448, 503, 614, 1077, 1404, 1406
Prather, E. C. HR 316-772g--Compensation ___,,._.__-.._________-___. 118, 177, 869, 1024, 1391, 1403
Prather, F. S. HE 405-1005b--Land conveyance ___.___.........._._______451, 502, 506, 508, 752, 999
Pre-marital Examinations HB 539--File with county health department ___. .__,,,,-______No Action in 1958
President HR 305--President of United States, censured ....,,_____.........__.________.__. 106, 200
Presidential Electors HB 1055--Selection, duties, etc. ........._-.______-........__._-__609, 696, 769, 786, 1252
INDEX
1553
Price, Robert K., Company HR 280-702b--Compensation ................_._______________.______.___.________73, 470, 559, 1114
Primary Elections
SB 223--Qualification fees certain cities ..-._....._.__.__.____.___.._____.__275, 288, 313 SB 29--Dates of holding in cities of 200,000
population or more .___._______-___._-.---.-.....___._._____1221, 1223, 1329, 1450
Principals HB 769--Bonds of school principals ....... ..__..... 117, 175, 212, 288, 592, 928
Privileges HB 762--T'me of performance ..._._.____._..__.._..... .___ 116, 175, 213, 218, 465
Private Employment Agencies HB 720--Regulate ___.__...._____.__.._._._._.___._._......._.-......_............._......._.._........._ 98, 124 HB 758--Regulate _._..........__..._. ....._...............__.-........_____......._..._..___.____..__.115, 174
Probation SB 270--Probation of juveniles __..___.___.___..._.____....._ 809, 818, 853, 871, 1369
Probation System HB 690--Restitution in certain cases ...,,_--___________________________________________ 71, 103 HB 667--State Wide Act amended _.......____.-_______..56, 74, 123, 405, 686, 732
Professions HB 1061--Accountancy; board of; amend Act relating to __.____.__________610, 697 HB 961--Law school graduates from certain schools; practice without examination __________--__________._____414, 471, 476, 664 HB 882--Nursing, convalescent, boarding homes; licensing of ___._________.____.________......--...................................._.._______336, 392 HB 565--Optometry; define ______.___.__.-._...........-.........._..........No Action in 1958 HB 1105--Optometry; define ___._______................................................__.._____.681, 774
Professional Engineers SB 268--Examinations and certificates ____________999, 1025, 1099, 1100, 1370
Public Livestock Auctions and Sales HB 767--Operators' bonds ___.._.._._.__........................_.... 116, 175, 475, 591, 928
Public Officers HB 695--Nominations for offices filled by grand jury appointment .___________...._--.........................71, 104, 307, 583, 1112
Public Safety, Department of SB 188--Licenses for operation of motor driven cycles __..__..__.____________._._.---.--_.._.___468, 492, 507, 1222, 1414
1554
INDEX
HB 709--Salaries ____________________________------------74, 106, 309, 400, 686, 741 HB 1057--Additional funds for ___________________________--------------__609, 697, 869 HB 687--Complete law revision --------_------___--------------___--_59, 77, 690 HB 1005--Jurisdiction of traffic violators _____________________--.----------451, 506 HB 881--Forestry investigators ------ ___---------------- -- _305, 348
Public Service Commission
HB 439--Motor Common Carrier Act amended, Code 68-602 amended _______________________------_____-___-287, 655, 1247
HB 1021--Permits for extra size and weight vehicles ----------------499, 619
Public Service Commissioner, Associate HB 289--Widow's compensation -.------_------------_._........._.No Action in 1958
Public Utilities
HB 362--Railroad and electric companies; actions against --------_-_----------_---- ------No Action in 1958
Pulaski County
HB 1080--Office of tax commissioner created ___.---- ..--.....--------.--..----..._--678, 771, 847, 881, 1398
Public Defender SR 26--Office of; committee to study creating ______________No Action in 1958
Pulpwood
HB 623--Define; taxation of ----_____-____----..--------------_--_No Action in 1958 HB 682--Agriculture products; include timber and pulpwood --------59, 76
Purchases
HB 440--State Departments; competitive bids required on contracts over $1,000 --------------------------No Action in 1958
Q
Quillian, John E. HR 295--Honorable John E. Quillian member of State Highway Board 89 Election as Highway Board Member ____________________________________________________.--___87
Quitman, City of HB 1140--Charter amended -------------------------843, 876, 1005, 1017, 1402
Quitman County HR 273-687f--Elect members of board of education __________60, 78, 122, 144
INDEX
1555
R
Railroads
HB 362--Railroad and electric companies; actions against _________________ ,,_..._,,,,.,,...,,__
No Action in 1958
HB 426--Track cars, common carriers; provide windshields, tops, etc. _----------------_,,.-__-_____,,_--_-__-____,,---_-__--_--No Action in 1958
HB 399--Track motor cars; require stationary top ____________________ -- 1005
HB 774--Department of Labor; relating to railroad
companies
__________.__.--______ _____119, 178, 471, 551
HB 252--Trains; lights, rear and inside cabooses; provide ______ 237, 242, 256
HB 903--Overpasses and underpasses __....____.._..__......340, 395, 688, 988, 1080
Ranck, Brigadier General J. R. HR 265--Commending ___________ ___.______________________________,,___,,..__,,._,,_.___ 50, 78
Ray, James H.
HR 408-1005e--Compensation to James H. Ray ___________________________ ___________________________452, 506, 869, 959, 1272, 1339
Real Estate
SB 215--Judgments as liens, how perfected ............. ................................630, 634, 699, 767, 1448, 1449
SB 282--Recording of interests in land ,,,,__,,.._ 999, 1025, 1095, 1100, 1371
HB 777--Employment Security Law; commission
_--___.____.____ 120, 178
Real Estate Brokers and Salesmen HB 734--Nonresident brokers and salesmen ............100, 125, 307, 373, 684
Real Estate Brokers HB 950--Sales in certain counties .........................-......--_--..-_--_.----___412, 475
Real Estate Commission
SB 222--Use of injunction, Code 84-1424 amended _________ ______________________._.__._______________-_468, 492, 507, 688, 1255
Real Property SB 16--Effect of "open end" mortgages limited ___________________ ___._______403, 860
Reckless Driving SB 193--Define ___________________________ ____________________________________________389, 398, 423, 845
Recording of Interests in Land SB 282--Act authorizing _____________________________________ 999, 1025, 1095, 1100, 1371
1556
INDEX
Records
HR 270-687&--Building for safe storage of state records ____-.__.__..................................60, 77, 213, 441, 859, 978
HR 498--Committee to study building for storing permanent records ..._____.._.____.__.____......_...___.........987, 1099, 1162, 1393
Recovery of Land HB 65--Limit the time for _________________________________________________ _.No Action in 1958
Recreation Commission
SB 248--Georgia Recreation Commission created .........__.___.__._________.______.___..-......631, 634, 700, 1006, 1286, 1451
Recreational Facilities HB 973--Control playgrounds ............._....__._.___.446, 502, 581, 616, 753, 1113
Registrars HB 784--Attorney General to assist ........___.__..______.__..__.__.-........._..169, 214, 309
Religious Groups HB 1086--Sales Tax; exempt .....___.__.___....________.................._.._-._______..______.678, 772
Retirement (See also Employees' Retirement System, and names of systems.
HB 1069--Act providing for pensions to members of fire departments in cities of more than 150,000 amended ....384, 420, 615, 621, 1001
HB 931--Act providing for pensions to members of fire departments in cities of more than 150,000 amended ....384, 420, 615, 621, 1001
HB 1155--Act providing for pensions to members of fire departments in cities of more than 150,000 amended ....611, 698, 769, 787, 1398
HB 1072--The Commissioners of the Ordinaries Retirement Fund of Georgia created ________.. .....612, 689, 702, 837, 1260, 1265
SB 257--Office of Deputy Director Emeritus of State Board of Workmen's Compensation created ....809, 817, 853, 870, 1297, 1450
HB 708--Peace officer annuity and benefit fund Act amended _____.______.___...._..._______.____74, 106, 309, 319, 436, 860, 977
HB 1016--Pension Act applying to cities of over 150,000 population, amended ______._____.________499, 619, 871, 900, 1397
HB 1068--Pension Act applying to cities of over 150,000 population, amended ....____.___.______-___.._..........611, 698, 769, 787, 1398
HB 1070--Pension Act for policemen in cities of 150,000 or more amended ______........._._.________-..........___.611, 698, 769, 787, 1398
HB 933--Pension Act for policemen in cities of 150,000 or more amended _________...___.______________.....--.._.-384, 420, 615, 622, 929
SB 238--Social Security coverage for school bus drivers, policemen and firemen ....,,.,,_._________...-..--.468, 493, 507, 693, 1310
HB 417--Teachers Retirement Act amended, benefits _________,,_________. 375, 815 HB 820--Teachers; transfer credit to
employees ....__.._._.246, 271, 306, 593, 1066, 1131, 1157, 1242, 1257 1404, 1418
INDEX
1557
HB 420--Teachers Retirement; mandatory at age 70 ___.._No Action in 1958 HB 663--Teachers Retirement; service credit; armed service^--_47, 66, 470 HB 966--Ordinaries; change composition of retirement
board _______.__________.____.___.____-_..___.._-...-.........-_............___....._..414, 477, 767 HB 975--Department Public Safety; employment
retirement system ___________________________________________________________________447, 502
Revenue Anticipation Obligations
HE 256-662f--Counties, municipalities may issue revenue anticipation certificates to purchase transit equipment, proposed amendment to the Constitution __.__________________46, 65, 307, 643, 1113
Revenue Bonds
HR 446-1109e--State Hospital Authority; issue 8 million dollars __________.._______________-___..._....._._.__.........___________...._682^ 770, 776, 951
HB 960--Amount of bonded indebtedness of political subdivisions _________________________________413, 471, 476, 835, 1248
HB 642--Facsimiles of signatures on public securities ____________________________.._....-.__.-..........________.42, 62, 307, 993, 1393
Revenue Tax Act HB 659--Firearms; Felony if found on violator ______________.................45, 64
Richardson, W. W. HR 377-894c--Compensation .._________________-_.....-.-.............._._______._....._...339, 394
Richmond, City Court of HB 858--Compensation of judge and solicitor____301, 345, 388, 472, 480, 811
Richmond County HB 1077--Purchase and sale of supplies and materials __._.____.____.__________________________677, 771, 846, 878, 1398 SB 10--Law Library; establish ____________________________.___.________No Action in 1958
Richmond County 4-H Clubs, Inc. SR 91--Resolution authorizing land conveyance to; amended .______.___.___.....___......_..................____632, 633, 699, 848, 1363
Rifle Cartridge Dealers HB 443--Amend Tax Act _______.__________._._-_-.............._...._.......... No Action in 1958
Rights-of-Way SB 256--Use of rights-of-way for transportation of clay via pipelines ....._.._.__..___._________~_-_____.._.685, 718, 776, 845, 1269
Roberts, Freeman B. HR 339-806a--Compensation to Freeman B. Roberts ._.___.________.___________________._..__..______211, 251, 613, 936, 1395
1558
INDEX
Rockmart, City of HB 922--Corporate limits ___.__.._._._______.____..___.-_____________.383, 419, 473, 486, 813
Borne, City of HB 1157--Charter amended _________________.............______865, 1008, 1096, 1104, 1457
Rouderbush, Hon. Richard L.
HR 248--Invite; Joint Assembly _____________________.____..._.,,_____.__.__..__________ _19, 68, 84 Address by _____.-..._...-_._.._....__.___________-__-_________._.__.__....._....__.____^_.__.________________._,....___84
Roughton, Harvey HR 500--Sympathy for illness ____________________________....,,,,,,________,,_._._.,,__._____________ 1043
Rome Judicial Circuit HB 1108--Grand jury terms ______...__.__........__-_-_____-681, 774, 847, 882, 1400
Rose, Mrs. J., and S. M. Rutledge HR 452-1109k--Compensation .____,,,,__--,,.--,,_--_-_--
683, 775
Rural Roads HB 707--Lease rentals paid by Highway Board ..,,..___........74, 105, 123, 319
Russell, Hon. Richard
SR 137--Joint session to hear _______.___.__________........-.-..._______________ 859, 931, 944 SR 85--Address General Assembly __._,,.__.,,__.._...._.,,__,,,,_..,,_.________________,,__,,_ 52
Rutledge, S. M. HR 454-1109m--Compensation .___._,,______________,,________-____...........................,,.683, 775
S
Sales Tax
HB 340--Exclude Bibles ..,,_,,,,........._......_........_--_..__.____________No Action in 1958
HB 1084--Exempt certain colleges, churches, etc. __________,__________________678, 772
HB 1086--Exempt religious group _._.________-__~__-___._______678, 772
HB 285--Use Tax Act; exclude certain commodities;
define retail sales ___._._._._._._.___.__--__.,,_No Action in 1958
HB 949--Excluded on fuel used in curing tobacco .__.____________________________412, 475
HB 58--Exclude medcine or burial expenses _----_----_--____._____._..._._56
HB 867--Distribute pamphlet prepared by State
Revenue Commissioner _____________,,___--...,,._..______
302, 346
HB 853--Medicines exempt ._..__.._________.__._.....__.......________ 300, 344
HR 131-398c--Committee to study ........._......--~...._......--..__No Action in 1958
Sandersville, City Court of HB 827--Court costs .,,...__.,,_..__....._.._.._.._.............247. 272, 308, 316, 467
INDEX
1559
Sapp, D. C.
HR 287-703a--Land conveyance to D. C. Sapp authorized __________________________________________73, 474, 569, 930
Savannah, City of
HB 1099--Authority to abandon street _________680, 773, 847, 881, 1400 HB 942--Charter amended ___________________________.386, 421, 473, 490, 815 HB 754--Charter amended _________________-115, 174, 212, 217, 465 HB 1149--Closing of registration books _____________864, 1007, 1096, 1101 HB 1100--Amend charter relative to Police Court _____680, 773, 847, 882
Savannah, City Court of SB 263--Compensation of clerk ________________631f 635, 701, 768, 788
Savannah District Authority Act HB 854--1951 Act amended _,,__,,___-_----__ 300, 344, 471, 480, 811
Savannah, Municipal Court of
SB 302--Salary of chief judge _________________.___.926, 934, 1013, 1097, 1110
Schley County
HR 252-662b--Board of Education, proposed amendment to the Constitution ____________________46, 64, 122, 150, 417, 1454
Schools (See Education; Minimum Foundation Program)
HB 786--County Line Schools; amend Act relating to _______________________________170, 215, 306, 430
HB 769--School principals; bonds of _____117, 175, 212, 288, 592, 928 SB 269--School systems; provide Guidance Counselors _----685, 719, 776 SB 237--Minimum Foundation Program of Education;
amend _________________________________________ 858, 932, 1011, 1220 SB 236--State Board of Education; certificates
to colleges _______________________ 858, 932, 1011, 1221 HB 110--Compulsory school attendance; repeal Act..____No Action in 1958 HR 384--Expressing regret at school difficulties in New York Area __ 357 HR 119-356a--School property; insure 90% market value--No Action in 1958 HR 84-260b--State income tax; exempt school teachers___No Action in 1958 HR 176-554f--Milk; school system to furnish milk.________No Action in 1958 HB 1122--University of Georgia; admissions of students, age ____765, 851 HB 1043--University System of Georgia; create position
of President Emeritus ______________________________-____606, 695
Scholarships
HR 142-429b--Scholarships for prospective teachers, proposed amendment to the Constitution _____________.212, 216, 585, 1113
School Bus Drivers
SB 191--Compensation __________________________208, 235, 252, 306, 646 SB 238--Social security coverage _______________468, 493, 507, 693, 1310
1560
INDEX
Seat of Government
HB 793--Temporary Seat of Government in emergency ----------.....--.--.--...----------209, 250, 269, 553, 929
Secretary of State
HB 862--Authority to designate employees to accept service ----------------------------.301, 345, 475, 990, 1393
HE 331-785b--Authority to secure Confederate Army and other records .------------------------------170, 215, 417, 958, 1395
HR 270-687c--Building for safe storage of State records --__---------------------60, 77, 213, 441, 859, 978
HR 498--Committee to advise and assist Secretary of State in connection with building --------------____--987, 1099, 1162, 1393
HB 670--Corporations chartered by, directors ------57, 75, 689, 950, 1393
Segregation
SB 44--Prohibit interracial sports, socials, etc. __--------------_----13, 617
Second Primary
HB 780--Lt. Governor; relating to ------..----------120, 178, 307, 408, 1000
Seminole County
SR 121--Tax for promoting industry, proposed amendment to the Constitution _------------------.----.----....--_632, 633, 699, 806
Service of Process
HB 862--Authority of Secretary of State to designate employees to accept service --------------..301, 345, 475, 990, 1395
Sheriffs
HB 978--Additional compensation in counties of not less than 4,520 and not more than 4,820 population --447, 503, 690, 704
HB 1117--Compensation in counties of not less than 34,500 and not more than 36,500 --------.._----------.--763, 850, 872, 905, 1401
HB 807--Sheriffs of State; place on salary system in lieu of fee system ___....._...------.__.------------.244, 270, 474
HB 292--Motor vehicles; fees for sheriff locating ...----.No Action in 1958
Shoplifting HB 90--Criminal offense .........--_--------------..._.------.....No Action in 1958
Silvertown, City of
HB 927--Charter amended --------------.....------------384, 419, 473, 488, 814 HB 930--Charter amended ...------------------------...._384, 419, 473, 487, 814 HB 928--Charter repealed .....------------....----------384, 419, 473, 488, 814
Simmons, Archie Lamar
HR 198-610b--Compensation to Archie Lamar Simmons ......------...-.........--...--------.------------469, 479, 562, 1113
INDEX
1561
Small Claims Courts
HB 1029--Costs in courts in counties of not less than 33,500 and not more than 33,990 population ____________________604, 693, 768, 780, 1250
SB 247--Created in counties of not less than 18,923 and not more than 18,996 persons ........_-_.-.........____469, 493, 508, 848, 920
Smith, William R. HR 388--William R. Smith Elementary School designated ____......__.__-___-__388
Smyrna, City of
HB 739--Charter amended _______..........__._.._..__..._.100, 126, 172, 189, 197, 1456 HB 704--Corporate limits ________________................_.__.._._._____.73, 105, 122, 135, 318
Social Security
SB 238--Coverage for certain employees _.__________.___468, 493, 507, 693, 1310 SB 294--Coverage for judges of Court of
Appeals ___________________._____-._._.........._._.___..__-859, 932, 1011, 1099, 1300 SB 106--Coverage for solicitors-general and superior
court judges ___________________.-_..-.........-......-..-__.__._____________.______._1362, 1450
Solicitors-General HB 242--Emeritus .__._.._..........__..........___,,_-______----_.___-_____________No Action in 1958
Soperton, City Court of HB 1114--Compensation of judge and solicitor ........763, 850, 871, 902, 1401
Sororities
HR 428-1070c--Fraternity and sorority properties exempt from taxation in certain cases, proposed amendment to the Constitution __.____.______._....___.______________611, 693, 702, 965, 1396
Soules, A. Charles
HR 330-785e--A. Charles Soules bridge designated ........._....._..._......_.._..-._.__.._._........___.170, 215, 846, 884, 1453
Spalding County
HR 455-1109n--Justice Courts, etc, abolished, other court authorized, proposed amendment to the Constitution ......................_.-..._.--.._.-.....-.....683, 776, 847, 894, 1395
Spalding, Town of HB 1147--Charter abolished _____.____...________863, 1007, 1015, 1096, 1101, 1456
Sparta Baptist Church SB 260--Charter amended ....._................-.........._......631, 635, 700, 874, 1024
1562
INDEX
Stapleton, Town of HB 1033--Charter amended ..__.._........-..-_-__....__...._........605, 694, 769, 781, 1250
State Board of Accountancy
SB 298--Membership, compensation, non-resident accountants, etc., Code 84-201, 84-211 amended __-__1115, 1116, 1222, 1224, 1372
State Board of Corrections SB 297--Director's salary __.___._____..999, 1025, 1098, 1100, 1283, 1320, 1367
State Board of Education
HB 892--Educational services for severely mentally retarded children _________..._..._..._.____._....338, 393, 470, 583, 653, 1112
SB 236--Certificates to colleges ......,,.______,,........ _______......_858, 932, 1011, 1221
State Board of Health
SB 293--1946 Act amended, rules --.______-______999, 1025, 1099, 1100, 1408 HB 282--File divorce records with .____._.,,.......-.._______....._..__-.No Action in 1958
State Board of Podiatry Examiners
HB 932--Name changed from State Board of Chiropody Examiners, Code 84-601 thru 84-611 amended, Code 84-9906 amended -_.___.____........._____..384, 420, 614, 824, 1248
State Bridge Building Authority HB 671--Construct projects with surplus funds .......____........57, 75, 123, 557
State Capitol
HB 793--Temporary Seat of Government in emergency .-_._._..________-_-........_____..._....._..__209, 250, 269, 553, 929
State Depository Board HB 629--Transfer powers and duties ___..........-.._-__........._.-_.____......._17, 48, 103
State Detention Home Act HB 897--Create _._____.._____..__...........__.______........__.339, 395, 475, 737, 1085, 1086
State Departments HB 440--Competitive bids required on contracts over $1,000 ,,,,__._,,,,.______........_...._____._.....___..._.No Action in 1958 HB 1175--Board of Pardons and Paroles; provide information _____ 867, 1010 HB 1021--Public Service Commission; permits for extra size and weight vehicles -------__--_----__--_-_,,__--_--_--~_499, 619 HB 613--Subpoenas; State Departments to issue ....._.__,,________.388, 397 HB 773--Deduct for deposits into credit unions...._.____ 119, 177, 475, 575 HB 687--Department of Public Safety; complete law revision ....59, 77, 690
INDEX
1563
State Education Medical Board SR 94--Created, proposed amendment to the Constitution _,,,,,,.,,__,,.__________________.._________425, 478, 848, 1443
State Hospital Authority HR 446--1109e--Issue 8 million dollars revenue bond ___..__682, 770, 776, 951
State Farmers Market
SR 116--Improvement of _____._.__._______________________.____.342, 356, 396, 1237 HR 375-894a--Improvement of _-_________-____________-_-__-__.__________________________-._.338, 394
State Game and Fish Commission
HB 992--Barter and sale of game fish ..................449, 504, 873, 1210, 1456 HB 821--Legal hours for commercial fishing in counties
of not less than 7,320 and not more than 7,620 population .___.__._______._________________246, 271, 308, 315, 1114, 1183 SB 275--Taking of oysters _______________._____.__________-999, 1025, 1098, 1100, 1304 HB 735--Taking of shrimp __._____________________.-.______________100, 125, 308, 325, 816 SB 290--Revoke licenses ________________________________________926, 933, 1006, 1012 SB 291--Duplicate licenses ________________________________.___926, 933, 1006, 1012, 1014
State Highway Board
HB 707--Georgia rural roads; lease rentals paid by ..........74, 105, 123, 319 HR 266--Joint Session; elect member of ___.__._.-.._........_._..___._...........Bl, 79, 87 HB 418--Districts ..__........................._...._..._.__,,__._____._________________686, 739 HR 295--Honorable George L. Mathews member ___._.____________________________.89 HR 296--Honorable John E. Quillian member -_______._______________._________.._.________.92 HB 1036--Upkeep of highways in
municipalities _._..._._________._______.___________605, 688, 701, 967, 1272, 1276
State Highway Department
HB 140--Contracts bidders ______-_-__-__--___________-_-_________.________No Action in 1958 HR 277-687.--Clear right-of-way of all obstacles ___________.__...__..___._61, 78, 173 HB 176--Remove encroachments ________--_--___,,_.___________________________________846 SB 219--Reimbursement to law department and counties
for certain legal services _-__.______.630, 634, 700, 871, 1287, 1458
State Literature Commission
SB 207--1953 Act amended ____.__..____.____________809, 817, 852, 874, 1305, 1450
State Parks
HB 983--Compensation of Director of State Parks ________________________--._.____.-___448, 503, 617, 839, 1248
HB 973--Control .________._____________________________446, 502, 581, 616, 753, 1113 HB 655--Uniforms for employees of State
Parks Department _______________--_-___..--_._44, 63, 308, 443, 928
State Records
HR 270-687c--Building for safe storage of state records _.______.._____________________________.______60, 77, 213, 441, 859, 978
1564
INDEX
State Registration and Election Information Board HB 718--Voters' Registration Act .__..._.________97, 124, 1137, 1151, 1177, 1456
State Treasurer
HB 702--Private funds for enforcement of penal laws ___.____._......______..__.___._...._._...__..___.._ .72, 104, 692, 983, 1393
State Wide Probation Act HB 667--Amended _ __ _
. _____________56, 74, 123, 405, 686, 686, 732
Statesboro, City Court of HB 1151--Costs, terms, rules _____________________864, 1007, 1096, 1102, 1102, 1457
Statesville, Town of HB 748--Charter amended ...,,______________________,,._.,,,,,,___ 114, 173, 212, 217, 465
Stephens County
HB 1050--Compensation of commissioners of roads and revenues ______________._____.._.________________608, 696, 769, 785, 1251
HB 1167--Qualification fee for commissioner candidates ___________.________________..__________________866, 1009, 1096, 1105, 1451
Stephens County, City Court of HB 1049--Terms __________________________ __._.___________________________608, 696, 769, 784, 1251
Stewart County
SR 92--Board of Education, proposed amendment to the Constitution ___._________________________.___________.392, 397, 422, 474, 547
HB 1037--Deputy commissioner of roads and revenues ________________._________________________________________605, 694, 769, 781, 1250
Stockbridge, City of HB 746--Corporate limits _..__.._......._..............................113, 173, 212, 216, 1112
Stone Mountain HR 286--Committee to study proposed purchase _..._...._68, 94, 102, 109, 209 HB 946--Stone Mountain Memorial Association created .._........... .............387, 422, 475, 653, 1066, 1117
Stovall Motor Company, Inc. HR 260-662J--Compensation to Stovall Motor Company, Inc. ,,.,,...._..._.,,.,,.._,,....._.__.......__.47, 65, 613, 935, 1396
Sugar Hill, Town of HB 860--Corporate limits ___________..___________...__.____.._________.301, 345, 472, 480, 811 HB 1153--Taxation ____________._...............__.____864, 1008, 1096, 1102, 1457
INDEX
1565
Sullivan, Mrs. Ettean Brown
HR 301-744e--Compensation to Mrs. Ettean Brown Sullivan ._________________________________._.____._______.__..____102, 127, 767, 939, 1397
Sumter County HB 741--Employees' pension plan amended ___________ 101, 126, 172, 189, 320
Superior Courts
HB 1150--Compensation of clerks and their assistants certain counties, (Bulloch), 1937 Act amended ___...________864, 1007, 1096, 1102, 1456
SB 282--Recording of interests in land _____________ 999, 1025, 1095, 1100, 1371 HB 835--Service by judges and justices
emeritus ...... ______________________ ..._...___265, 310, 388, 661, 1164, 1165 HR 313-772d--Service by justices and judges emeritus, proposed
amendment to the Constitution .__._.____________118, 176, 307, 662, 1114 SB 106--Social security coverage for solicitors-general
and judges ___.._.._..___________ _____________________._.__...______________._.._._.._____1362, 1450 HB 1045--Solicitors-general in counties of over 300,000 may
appoint investigators __.._.__.__._.______....________607, 692, 701, 1110, 1456 SB 186--Solicitors-general Retirement Act, amended,
benefits, years of service ________________________ 467, 492, 506, 770, 1268
Support
SB 224--Uniform Reciprocal Enforcement of Support Act __________________________________.____.___________424, 426, 478, 614, 833
Swainsboro, City of HB 845--Corporate limits ________________________________________ 268, 312, 343, 350, 628
T
Tallapoosa Judicial Circuit HB 1161--Terms of Haralson County Superior Court _________________________ ______________865, 1008, 1096, 1104, 1457
Talmadge, Herman E. HR 469--Portrait of Herman E. Talmadge to be hung in capitol ...744, 1246 HR 308--Invitation to address Joint Session ____,,_____.________________________ 108, 201
Tanner, David HR 169-526c--Compensation __________________________ ___________ 469, 560, 1260, 1340
Tatum, Lloyd HR 463-1117e--Compensation ___________ ___________.._...._.._______________._. ________ 764, 850
1566
INDEX
Tax Assessors
HB 646--Appointment in counties of not less than 29,050 and not more than 30,275 _____...------____.43, 62, 172, 180, 317
Tax Digests
SB 123--Prepared; certain counties __..____872, 1007, 1225, 1417, 1426, 1428 SB 303--Joint city-county boards of tax assessors in
all counties having all or the greater part of 300,000 or more . ._______________..._....__________926, 934, 1013, 1097, 1110
Tax Collectors
SB 240--Not to make rounds in counties of not less than 35,211 and not more than 35,220 population ................424, 426, 479, 691, 1254
Tax Commissioners
HB 935--Compensation in counties of not less than 9,135 and not more than 9,210 ___----------------_----385, 420, 473, 489, 814
HB 744--Not required to make rounds in counties of not less than 6,900 and not more than 7,000 persons ._____101, 126, 172, 189, 391
Tax Receivers
SB 239--Tax receivers not to make rounds in counties of not less than 35,211 and not more than 35,220 population ------._.__----------..------424, 426, 479, 691, 1252
Taxation (Passed)
HB 761--Arbitration of tax assessments, Code 92-6912 amended .....----------........115, 175, 309, 640, 1112
HB 789--Authority to counties to levy a tax for school lunch programs ------__------_.------_171, 215, 309, 827, 1271, 1341
HB 620--Automobile license plates for members of National Guard _----___----__----_-.___..___------.616, 620, 831, 988, 1393
HB 891--Bonds of motor fuel distributors, Code 92-1406 amended --.--------------338, 393, 617, 833, 1248
HB 1106--Code 92-6913 amended as to counties of 300,000 or more __------_------------...506, 681, 774, 849, 884, 1400
HB 1015--County boards of tax assessors in counties of not less than 30,500 and not more than 31,000 population ..__.________________,,___.____.__________498, 618, 768, 778, 1249
HB 790--County tax receivers, tax collectors and tax commissioners included in State Employees Retirement System ___________ 209, 249, 614, 1029, 1260, 1291, 1365, 1426, 1428
HE 428-1070c--Fraternity and sorority properties exempt from taxation in certain cases, proposed amendment to the Constitution _----------_____----611, 693, 702, 765, 1396
HB 951--Gasoline tax refunds, time for filing _--__412, 475, 693, 992, 1397 SR 126--Income Tax Law Study Committee ...................810, 817, 1222, 1412 HB 677--Long term capital gains, Code 92-3119
amended _______......--______------.------_____ 58, 76, 388, 657, 1112 HR 437--Motor Vehicle Tax Laws Study
Committee ......____--------__...__...--.......668, 1006, 1013, 1148, 1455
INDEX
1567
HB 1000--Refunds to taxpayers, Code 92-6502 amended, Code 92-6503, 92-6504 repealed _________450, 505, 617, 834, 1248
SB 241--Special license plates for antique automobiles ___________________468, 492, 507, 770, 777, 1233
HR 165-519b--Tax levy for school lunch programs, proposed amendment to the Constitution _________________617, 620, 1051, 1453
HR 435-1071b--Tax to pay costs of ordinaries retirement fund, proposed amendment to the Constitution _______________________________.._______612, 689, 702, 981, 1394
HR 164-519a--Tax to support school lunch programs, proposed amendment to the Constitution ________________617, 620, 1051, 1453
HR 369-881a--Taxes for support of Peace Officers Annuity and Benefit Fund, proposed amendment to the Constitution _______________-____._.__305. 348, 416, 616, 962, 964, 1396
SB 227--Tobacco products, amount of tax to be shown on package _____.._.____._.___.________________..424, 426, 477, 617, 1241
Taxation (Did Not Pass)
HB 723--Auctioneers; county to levy tax on ...._..._...._____......................... 98, 124 HR 36-93b--Ad Valorem tax exempt certain employees ____ No Action in 1958 HR 253-662c--Tax authorized promote county industries __.__..___--------46, 64 HB 869--Cigars, cigarettes tax; amendments ,,,,_,,_,,,,_,,__,,,,___,,__ 302, 346 HB 1101--Tax on cigars, cigarettes, and etc., amend Act .____.___._.__ -680, 773 HB 1059--Income tax; provide for deduction of Federal
Income Tax _______.________________-_________________._..________.__._.__._.__609, 697 HB 126--Intangible property tax; affidavit of tax
paid by holder __________________________________________________No Action in 1958 HB 800--Gross income; exclude amounts received as
pensions from U. S. Government _____________________ ________210, 250 HR 399-968b--Motor vehicles; subject only to license tax _____415, 477, 617 HB 46--State Income Tax; deduct Federal Income
Tax from ____________________________________.__________________-55, 70, 501, 617, 621 HB 949--Sales Tax; excluded on fuel used in curing tobacco __--.412, 475 HB 58--Sales Tax; exclude medicine or burial expenses ______--_--_.__.-- 56 HB 1084--Sales Tax; exempt certain colleges, churches, etc. ___.--_.678, 772 HB 1086--Sales Tax; exempt religious group __._.._________,,_.____.___.678, 772 HB 285--Sales Tax Act; exclude certain commodities;
define retail sales ___________________________._____No Action in 1958 HR 84-260b--State Income Tax, exempt school teachers __No Action in 1958 HB 913--Tax on fuel used in curing tobacco; refund ___________________382, 418 HB 308--Motor fuel tax; imposed on fuel purchased
in other states __________.___________._.__________________.____173, 179, 285 HB 939--Motor Fuel Tax; refund on fuel used by county board of
education ______.___.__.___._________.___..__________.____.__..__385, 420, 617 HR 94-275a--Motor vehicles exempt; state, county, ad
valorem __________________..__._______-.__----__----______________ No Action in 1958 HB 967--Municipalities and counties ____________________._.__.__414, 477, 770 HB 1141--Municipal corporations; for ordinary current
expenses __._.____________.__..________.____________________843, 874, 876, 877 HR 324-773a--Whiskey; tax and allocate funds ______....___._,,__,,_,,___ 119, 177 HB 640--Urban transit system; suspend Executive Order ____42, 61, 269, 291 HB 638--Transit systems; buses __________-____.__--_.____,,___.._____._____.42, 61
HB 443--Rifle cartridge dealers; amend ____,,,,,,__._____,,_,, No Action in 1958
HB 824--Intangible property tax, exempt notes held by productive credit associations _____,,____-_________________________ ________ 247, 272, 309
1568
INDEX
HB 178--Rates; for maintaining county roads ______--__._______No Action in 1958 SB 151--Payment of current year in certain counties______._No Action in 1958 SB 210--Pay in installments in certain counties......--__.,,_.---208, 235, 252
Teachers
SR 110--Committee to investigate salaries of ._._____...._...___258, 275, 313, 767 HR 205--Retirement system; employers' contribution___._..No Action in 1958 HB 420--Retirement; mandatory at age 70 .________..............No Action in 1958 HB 663--Retirement; service credit; armed services __.....____-__......47, 66, 470 HB 396--Minimum foundation program; revoking
certificate,-- ------________..___,,.._.,,_.._______.-....--,,.__. No Action in 1958 HB 820--Transfer credits to employees retirement
--- 246, 271, 306, 593, 1066, 1131, 1157, 1242, 1257, 1404, 1418
Teachers Retirement Act Amended HB 417--Retirement benefits .......___...._.............._...__.___..___........___.____...._..__.375, 815
Telfair County
HR 314-772e--Land conveyance from state authorized ___.___.._..........___.__.___...-......._____..-.-118, 176, 474, 570, 1000
Terrell County
SR 127--Terrell County development authority, proposed amend ment to the Constitution ___.._...-....__,,_______--_.810, 817, 852, 872, 921
HR 418-1044e--Terrell County development authority, proposed amendment to the Constitution ._____.._...........810, 817, 852, 872, 921
Thomas, W. M. HR 391-940c--Compensation .______.___.........._._____._386, 421, 767, 937, 1391, 1409
Thomaston, City of
HB 929--Corporate limits ._..____._.........._.____..___-....._...___.383, 419, 473, 487, 814 HB 926--Corporate limits ......_._____._......_._._________.........____384, 419, 473, 488, 814
Thomasville, City of HB 953--Charter amended __..___..........._._.._............._._.._.413, 476, 615, 624, 929
Thunderbolt, Town of SB 289--Recorder's court _____....____________.......858, 932, 1011, 1221, 1228, 1451
Tidwell, A. W. HR 16-18a--Compensation ._....____________.__._._..__________.____._.__..__..____________________..869, 959
Tift County
HR 456-1112a--Tifton-Tift county development authority, proposed amendment to the Constitution-----------------849, 872, 909, 1395
INDEX
1569
Tifton, City of
HB 1112--Charter amended ___________..........._................763, 849, 872, 901, 1400 HB 1111--Corporate limits ....._.............._._........_..........762, 849, 872, 901, 1400 SB 245--Public utilities ----------_.--------__.________469, 493, 508, 690, 707 HE 456-1112a--Tifton-Tift county development authority, proposed
amendment to the Constitution----___..._....._.849, 872, 909, 1395
Time HB 762--Time performance of privilege or duty...---116, 175, 248, 286, 684
Timber HB 66--Lands; uncultivated timber land; possession of..No Action in 1958
Tobacco
HB 682--Agriculture products; include timber and pulpwood----....--...59, 76 HR 338--Request to Congress, acreage allotments _..,,...._._._.........__195, 258 HB 412--Warehouses; sale and licensing of cured sales--.No Action in 1958 HB 949--Sales tax; excluded on fuel used in curing tobacco-----......412, 475
Toccoa, City of HB 1085--Corporate limits ________..._._.._______.___.___._________._.678, 772, 847, 881, 1399
Toll Bridge Authority
HR 348-827f--Rates on Sidney Lanier Bridge, request to
lower
.... ____.________________,,____--.----248, 617, 824, 1245
HB 751--Toll roads, bridges, construction of .._._..__._............_.______.__..__._114, 173
Toombs County HB 716--Employment of certified public aceountant_97, 124, 172, 185, 465
Torts HB 91--False arrest, defense in certain cases _.___..____......121, 127, 282, 684
Towns County HR 474-1129c--Stagger terms of members of board of education_______766, 822 HR 122-373b--Stagger terms board of education members ..No Action in 1958
Townsend, Mrs. Edith Sue HR 434-1071a--Compensation ________._____________.____.___.___612, 699, 869, 1023, 1396
Trademarks HB 779--Issuance of __________.________.._____...-_______................120, 178, 307, 576, 928
Trading Stamps HB 382--Amend Act relat'ng to ___-______._.____.._.........._.........................._._______.688 HB 568--Taxation for persons dealing with ____________.____No Action in 1958
1570
INDEX
Traffic Courts
HB 934--Act of 1955 creating traffic courts in cities of 300,000 or more amended ----__.----.----------------385, 420, 473, 488, 1001
Traffic Safety
HR 479--Committee to study ----____-----------------------865, 875, 878, 1075 HB 1115--Relating to tax commissioner ----_____763, 850, 871, 902, 1401
Transit Systems
HB 638--Buses; taxation of _____________,,__--__.--..--._..----------------_____-.__.42, 61 HB 640--Taxation; urban systems; suspend Executive
Order --__--_----_--____--____.---_-.-.-.--.._.--.----._._..__42( 61, 269, 291
Treutlen County
HB 885--Placed in Dublin Judicial Circuit ----..----------------337, 393, 472 HB 1115--Tax Commissioner ____----------__------_763, 850, 871, 902, 1401
Treutlen, John Adam
HR 328-785c--Bust of John Adam Treutlen to be placed in Georgia Hall of Fame _----__-_----........--------------170, 214, 417, 953, 1397
Trials SB 235--Motion for new; filing of brief of evidence----------468, 492, 507
Trinity Church Plan HR 410--Founders of Trinity Church Plan commended .....__..__........ 494, 629
Troup County HB 703--Board of commissioners of roads and revenues ...._._----__------------------73, 105, 122, 135, 290, 935 SB 283--Establish civil courts ......----------_________._________-__927, 932, 1011 HB 1017--Judicial circuit; create ...--------__----------._._._.----.499, 619, 874
Troup, George M. HR 328-785c--Bust of George M. Troup to be placed in Georgia Hall of Fame _,,_----------------------__...170, 214, 417, 953, 1397
Trucks and Vans HB 416--Painting information on --.--.----.--.----------.--No Action in 1958
Truelove, Franklin HR 317-7721--Compensation .....___----...........----------..118, 177, 613, 936, 1397
Turner County
HR 368-877a--Board of education, proposed amendment to the Constitution ,,.------------------------...._____.304, 347, 473, 523, 857
INDEX
1571
Tuttle, A. H. HR 376-894b--Compensation ..............._........__.___.........___........_....339, 394
Tuberculosis HB 299--Contagious TB; authorize leaves for patients....No Action in 1958
u
U. S. Constitution HR 271-687d--Georgia's signers honored ___________________.60, 77, 309, 555, 930
Uniform Act Regulating Traffic HB 40--Board of corrections ___________----------------No Action in 1958
Uniform Boat Regulation Act HB 750--Enacted ----------------------------------------------------
114, 173
Uniform Narcotic Drug Act HB 1102--Amend Act relating to --------------------681, 774, 845, 1074, 1159
Unemployment SB 168--Compensation; redefine Act ------------------------No Action in 1958
Uniform Reciprocal Enforcement of Support Act SB 224--Enacted .. .------------...__.------------424, 426, 478, 614, 833
United States Forest Service HR 475--Investigation of policies urged ------------833, 875, 877, 949, 1114
United States President HR 305--Censured -----.--------_--,,.,,.._.-_-__.-_-._.._-...--...._.____------..106, 200
University of Georgia HB 1122--Admission of students, age --....____.____._.....__.--.765, 851 HR 503--Committee to investigate charges of students...--..1089, 1222, 1223 HB 1011--Law school; state librarian deliver books to _...__498, 618, 691 HB 1043--Create position of president emeritus ............__------------606, 695
Urban Transit System HB 640--Taxation; suspend Executive Order .--....._.._._._..._42, 61, 269, 291
Used Car Dealers HB 836--Registration Act ----------------------------266, 310, 616, 747, 1000 HB 269--Motor vehicles; regulate installment buying of used cars ----____14
1572
INDEX
Utility Facilities
HB 611--Relocation of; Federal aid highway projects........No Action in 1958 HB 721--Electric membership corporation; amend Act
relating to ___.__________._,,_______,,______.___________,,__ 98, 124, 614 HB 903--Railroads; overpasses and underpasses______340, 395, 688, 988, 1080
V
Valdosta, City of HB 1032--City manager ___________________.___.________.__----____605, 694, 769, 781, 1250
Van Wert, Town of HB 1014--Charter dissolved ...................................___498, 618, 768, 778, 1249
Vernonburg, Town of HB 1087--Charter amended ________________________ _______679, 772, 847, 879, 1259, 1337
Veterinarians HB 404--Regulate practice of
____________--------__.No Action in 1958
Veterans
SR 172--Hospital facilities study committee ___ _
--1434, 1443
HR 439--Hospital in Dublin; to urge Congressional delegates
to support the
.__._______,,,,_ 672, 845, 855
SR 87--Veterans Foreign Wars; committee to attend Pow Wow________52, 54
Vidalia, City of HB 919--Charter amended ______________________________________ 383, 418, 473, 486, 813
Vienna, City of
HB 778--Charter amended ______________._____^_._..________-________120, 178, 213, 221, 466 HB 718--Voter's registration Act ______________ 97, 124, 1137, 1151, 1177, 1456
Voters (See Elections)
HR 299-744c--Change qualification, registration ________________________ 101, 127 HB 353--Declare name of spouse when registering .,,..__.... No Action in 1958 HB 247--Registration and qualification _______________-____________No Action in 1958 HB 801--Qualifications of _.____________________________.____________------______.__________211, 250 HB 419--Aid Blind _.,,....,,................-.._._,,...._._._..-..._.-- .. No Action in 1958 HB 477--Absentee service men; ballot vouchers ___._.__._.____.No Action in 1958 HB 791--Ballots; election other than Primary __________________________ 209, 249, 475 SB 312--Machines; uniform procedure certain cities_.1003, 1026, 10991, 101
Voting Machines
HB 907--Provided in all elections ____.......____..__-_.-._-.-........_341, 396, 617, 1151 SB 312--Uniform procedure certain counties ____________1003, 1026, 1099, 1101
Wages
HB HB
INDEX
1573
w
71--Deceased employees of state ___-_-,,_____________.,,__._ ____No Action in 1958 70--Deceased employees of state --.-------_.--------_.----No Action in 1958
Waleska, City of HB 1091--Name changed from Town of Waleska____679, 773, 847, 883, 1399
Walker County, City Court of SB 285--Judge's salary, jurors _______________,,,,____,,__________ 810, 818, 853, 872, 919
Walton County HB 633--Board of commissioners _....................,,...__________18, 48, 121, 129, 289
Wallace, Judge George
HR 421--Inviting Judge George Wallace of Clayton, Alabama to address the General Assembly ______________________________,,...,,__,,.______ _____573
Ward
HB 422--Manage estate; examination of ___,,,,_____________________No Action in 1958 SB 33--Capacity to manage his estate _------,,----..._----._,,.,,.,,-.--..,,..,,.___.___. 12
Ware County HB 1007--Use of voting machines ..........................._....497, 618, 768, 777, 1248
Warm Air Heating Contractors HB 995--Counties where applicable ___._,,..,,,,,,___.______,,.___.___.___ 121, 127, 179, 464 HB 616--Counties where applicable __________________ _______449, 505, 690, 706, 1002
Warner Robins, City of SB 304--Charter amended .......................................926, 934, 1013, 1097, 1225
Warrants HB 828--Advance costs; issuance of ................,,..................._..___ 264, 309, 471
Warren County HR 414-1044a--Law books to clerk of superior court --_.^_._____________._______________________________________606, 695, 769, 789, 1246
Warrenton, City of HB 1044--Charter amended _.____._.______. 606, 695, 769, 784, 1251
Washington, City of HB 662--New charter ________ _______..__..----._..____45, 64, 122, 132, 289
1574
INDEX
Washington County
HR 392-940d--Board of education, proposed amendment to the Constitution .........__.._..._......-...._........386, 421, 474, 543, 858
Watchmakers HB 280--State board; create ....___......____.....,.__......___.__......____........____..,...692, 1208
Water HB 258--Resources commission; create .....__.....___......__......No Action in 1958
Waycross, City of HB 1008--Use of voting machines ......_.__........___......__...497, 618, 768, 777, 1249
Waycross Judicial Circuit HB 802--Compensation of official court reporter_____.211, 249, 252, 274, 466
Wayne County
HR 364-874f--Board of education, proposed amendment to the Constitution .__.........._.......___.......__........304, 347, 472, 520, 857
Waynesboro, City of HB 650--Corporate limits ..._.__.....-__._......-____..._.____.. ...___....43, 63, 121, 131, 390
Wehunt, Hoyt HR 311-772b--Compensation -_..__.......__;_......._-_....__.._...._117, 176, 470, 567, 1114
Welfare
SB 232--Amount of old age assistance ._....._._.._..___.424, 426, 479, 693, 831 SB 203--Treatment of mentally ill persons.-__423, 426, 478, 848, 1430, 1450
Welfare Department HB 51--Increase appropriation ---___..---_._._..___________________No Action in 1958 SR 47--Study committee; create __._,,_____.....__......._..__.._____....._____...--848, 854 HB 1063--Old age assistance Act; maximum income of recipient ..._.____....____._...___........_-_,..._-___......,____._.-_._...-.._610, 697, 1007
Well, Oil HB 1168--Oil; Bonus for first in Georgia ._._...___.,...,,__.__.-866, 1007, 1009, 1014
Wesleyan Conservatory HR 513--Committee to study acquisition of certain property ....-____......__.-...-__......-_1215, 1222, 1224, 1230, 1404, 1426
Wesleyan College HR 511--State to purchase original buildings ....--_....--_J_..---.__.^--__
INDEX
1575
Western and Atlantic Railroad
HR 333-787b--Conveyance of surplus land authorized .__-_-___.-____._._171, 215, 474, 573, 732, 1245
HB 387--Committee to determine selling --____,,__--_.__.._..--.No Action in 1958
White, Betty Jo HR 345-827c--Compensation for injuries ____-__-___._____248, 272, 613, 941, 1395
White County
HB 1109--Commissioners of roads and revenues ________...__,___._.....____.........___....682, 774, 847, 882, 1259, 1361
White, Sue Jean
HR 345-827c--Compensation for injuries ......__-...-..___248, 272, 613, 941, 1395 HR 473-1129b--Funds for hardship cases ....-__.__-.-...___._____....______.766, 852, 1095
Whitehall Plantations HB 1071--Port facilities; Central of Georgia Railroad; acquire -612, 691, 702
Whitman, D. D. HR 352-838d--Compensation ____......._.__.......__..__.___....266, 311, 1095, 1139, 1455
Wife
HB 825--Estate; assumption of husband's debts......247, 272, 412, 416, 757 HB 908--abduction of; rights of husband ......_____.-..-._-_______.....__.___._......_341, 396
Widows HB 610--Confederate; change pensions ...__._.........___._...._.:._...___......__.823, 1247
Wilkerson, W. J.
HR 346-827d--Compensation ......______......._._____...........___248, 272, 613, 941, 1395
Wilkes County
HB 649--Board of commissioners .__._____....._________---_._.___.____.___.43, 63, 121, 130 HR 251-622a--Board of education, proposed amendment
to the Constitution __________.________________..___________.____45, 64, 122, 136, 628
Wills and Administration of Estates
(See Wife, Husband, Minors, Dowers, Laws)
SB 31--Code 113-301, 113-409, 113-502, 113-601, 113-602, 113-607, 113-617, 113-618, 113-703, 113-802, 113-1002, 113-1505, 113-1517, 113-1518, 113-1601, 113-1602, 113-1603, 113-1605, 113-1702, 1131703, 113-1704, 113-1706, 113-2010, and 113-2104 amended ...._______-.-.....-_._._-_-.......-_-_..____-...-..._.____.___-.._....__.1345, 1458
HB 783--Duties of ordinaries where no administration of estate necessary _________..______._._____..________________.169, 214, 417, 823, 1259, 1322
1576
INDEX
SB 226--Filing of wills by persons still in life .,,,,,,..__--..311, 399, 423, 1282 HB 846--Guardian to act as administrators of estates in
certain cases _._.._______,,._._____.________.--........268, 312, 388, 823, 1247 HB 850--Minors rights to year's support barred by marriage
before application filed ......._....-..-.._,,___..,, 298, 344, 388, 832, 1247 HB 612--Payments on death of members by building and loan
associations, Code Ann. 16-433 amended --__________..____________202, 464 SB 37--Procedure to determine heirs at law ________._,,__...,,..__ 1236 HB 349--Wages due deceased persons, Code 66-103
amended __.___.._..___._.__._._____.__._..____._._..._......._.........870, 877, 1213, 1454
Wilson, John T. HR 287-703a--Land conveyance to; authorized ________....________73, 474, 569, 930
Wilson, W. R., Jr. HR 287-703a--Land conveyance to; authorized ......................73, 474, 569, 930
Wilson, W. R., Sr. HR 287-703a--Land conveyance to; authorized _____ ______.__73, 474, 569, 930
Winder, City of
SB 313--City manager form of government^ 1003, 1026, 1098, 1101, 1228 SB 295--Corporate limits .______,,.______._______________.858, 932, 1011, 1097, 1225 SB 287--Winder-Barrow county airport
authority ,,______..__________________. ___-__-__.-.810, 818, 853, 872, 1225
Windham, E. A. HR 57-148d--Compensation ________--,,--.-..--.--No Action in 1958
Wirtz, Captain Henri HR 326-785a--Repair monument .__.___...._........................._..--.169, 214, 417, 1163
Witnesses SB 261--Attendance of; fees in certain counties............__._.__.____631, 635, 700
Woodstock, City of
HB 1094--Name changed from Town of Wood-
stock ________,,__________,,______.
_.______680, 773, 847, 883, 1399
Workmen's Compensation
HB 894--Counties included as "employers" _______ 338, 394, 471, 736, 1248 SB 257--Creation of office of Deputy Director
Emeritus ___..__._._._..._.__....._......_..........809, 817, 853, 870, 1297, 1450 HB 782--Loss of hearing in one ear,
compensation _____________________________________ 169, 213, 471, 822, 1164, 1231 HB 271--Provide safety inspector .................-...._.--.--.________No Action in 1958 HB 818--State board; Director Emeritus___._-_.______ 246, 271 HB 788--Insurance; unfair trade practices _________-________________-_______________l71, 215
INDEX
1577
SB 49--Forestry commission; pilots not subject to ______.._..,,_.__._,,--_----471 HB 688--Payment during rehabilitation _,,__,,_______.____._............._._._.--.61, 78 SR 151--Board; committee to investigate ..-.-.-.._.--.1115, 1116, 1222, 1224 HB 423--Laws; disfigurement __--,,__--_.........--_--------__.No Action in 1958
Wrightsville, City of
HB 1144--Corporate limits ........................___....._........____._884, 876, 1005, 1402 HB 1177--City court of __.________................_____............_._____..........1003, 1098, 1224
Wyman, Hon. Louis C.
HE 386--Inviting; to address General Assembly _......_____________376, 425, 1026 Address by .............._.....-...-_.-__.._...._.........-.-.-__...........................-..1032
Y
Year's Support HB 850--Minor's rights to year's support barred by marriage before application filed ........,,..---____..............._...__.298, 344, 388, 832, 1247 HB 1123--Distribution of property .__.__.__________________________________.____765, 851, 1005
Youngblood, Freddie HE 184-567a--Compensation .__.._____......................__.___469, 479, 561, 1114, 1235
Youth Honor Day HE 394-944a--Designated _____,,..-__.____...__--_-___-____-__._._387, 422, 617, 950, 1455 HE 526--Appreciation Week; provide for -..---_,,--.----_._._.........._.______._....1342
z
Zoning and Planning Boards HB 1137--Number of members in cities having population of more than 300,000 persons ___.._______._...........____.842, 875, 1005, 1016, 1402 HB 1121--Ordinances; in certain counties ......____.__...765, 851, 872, 905, 1401 HB 506--Ordinances; regulate ----------------.--____--_--_.--___No Action in 1958
Part III
HOUSE BILLS AND RESOLUTIONS
HB 4--State Employees; receive goods and service at hospital _________ 235
HB 13--Motor Vehicles; unlawful to race ____,,,,,,,,......,,...-No Action in 1958
HB 19--^Lotteries; punishment of persons convicted ______ No Action in 1958
HB 40--Uniform Act Regulating Traffic; relating to
Board of Corrections ___,,_,,____ _____.__________________No Action in 1958
HB 46--State Income Tax; deduct Federal
Income Tax _______.__,,___________.__,,___,, _______ 55, 70, 501, 617, 621
HB 47--Motor Vehicle Licenses; decrease fees ______________________________41, 55, 56
HB 51--Welfare Department; increase appropriation-- No Action in 1958
HB 52--Aid to Dependent Children; age limit . _____________No Action in 1958
HB 54--Alcoholic Beverages; minors ___ ________._____.___..._________13, 203, 279, 928
HB 55--Malt Beverages; manufacture of licenses ._________________________________,, 13
HB 56--Malt Beverages; dealers' licenses _____________._.,,____________________ 13, 431
HB 57--Alcoholic Beverages; prohibit advertising ___________ 13, 399, 727, 816
HB 58--Sales Tax; exclude medicine, burial expenses ______________________________ 56
HB 60--National Guard Members; special license __________No Action in 1958
HB 64--Superior Court; traffic laws appeals ____.........--..No Action in 1958
HB 65--Recovery of Land; limit time ,,_,,__,,,,._.,,,,___________. _._._No Action in 1958
HB 66--Possession of Lands Uncultivated, Timber;
land evidence
__,,____,,________,,,,____ ..___No Action in 1958
HB 70--Wages; deceased employees of State ..,.________________No Action in 1958
HB 71--Wages; deceased employees of State ......______________No Action in 1958
HB 84--General Appropriations; negro facilities
for mental defected ________________...._._,,__________________.___.No Action in 1958
HB 90--Shoplifting; criminal offense _._._..._________________.__..._No Action in 1958
; HB 91--False Arrest; mercantile establishments ________.121, 127, 282, 684
HB 92--County Board of Education; power to sue
and be sued _____________-._______....._____________._._........______.No Action in 1958
HB 99--State Employees, transfer service credits __________No Action in 1958
HB 107--Osteopathy; define the practice ________________,,.______________________.. 307, 313
HB 110--Compulsory School Attendance; repeal act _.,,_--No Action in 1958
HB 116--Drivers Training; under 18 __________________________________ No Action in 1958
HB 118--Life Insurance Policy; changing beneficiary .___..No Action in 1958
HB 119--Life Insurance Policy; give insured
notice change ____________..__......--______________.._.......___________No Action in 1958
HB 120--Life Insurance Policy; rights to change
beneficiary _____________.__,,_______,,____._,,_ No Action in 1958
HB 121--Life Insurance Policy; insured right to
change beneficiary _______________________________________________No Action in 1958
HB 126--Intangible Property Tax; affidavit of tax
paid by holder ________________________________________........_.No Action in 1958
HB 131--Motor Vehicles Revoked License; time
reinstated _______________________.____________________________________No Action in 1958
HB 133--Motor Vehicles; define bicycle, inspection school bus ______________ 13
HB 135--Arrest; unlawful to resist ......_...______________........,..__.No Action in 1958
HB 137--Board of Education, hire school personnel .,,.._.._,,,,.____________________ 661
HB 140--State Highway Department; contracts, bidders-- No Action in 1958
HB 152--Motor Vehicle Operators; financial
responsibility ----------_------___-- -- No Action in 1958
HB 154--Minimum Foundation Program of Education;
defray cost public transportation __------___._____--_No Action in 1958
INDEX
1579
HB 155--Integrated Schools; out of State schools ___________.No Action in 1958
HB 162--Hairdressers and Cosmetologist; create
examining board ..__._.--------..........--------__306, 313, 328, 407, 588
HB 163--Motor Vehicles; compulsory liability insurance __ No Action in 1958
HB 167--Federal Social Security; cover certain
State employees _______________------___------_---.._--...--_No Action in 1958
HB 168--Motor Vehicles, Reckless Driving; define and
prohibit
__------------__ _____ No Action in 1958
HB 173--Milledgeville State Hospital; waste disposal plant -474, 479, 1056
HB 176--State Highway Department; remove encroachments _----_..--_--846
HB 178--Tax Rates; maintaining county roads ______------No Action in 1958
HB 186--Licensing of Aliens to Practice Medicine/Pharmacy._...__ 328, 684
HB 193--Capital Felony Case; accept plea of guilty ......_..___.__. ______ 471, 479
HB 196--State Officers; automobiles and mileage ._.._____.No Action in 1958
HB 199--Insurance Agents; occupational tax and license
fees ___--__-- ______.____----___------_--_---__,,_.____--No Action in 1958
HB 200--Fishing in Private Ponds without license------ No Action in 1958
HB 201--Judges' salaries; certain justices --------------_ _ _No Action in 1958
HB 212--Motor Vehicles License Plates Certain Counties;
purchase by mail _..,,.____,,_--____------_--_.----.._ _.....No Action in 1958
HB 225--Lobbying; General Tax Act; repealed __-__....-..._...._....._______..___ 204
HB 238--Newspapers; libel law repealed ------------------.No Action in 1958
HB 240--Georgia Food Act; packaging flour, corn meal, etc. .-----579, 928
HB 242--Solicitors-General Emeritus .--------------------..No Action in 1958
HB 245--Fish & Game Laws; taking of crabs .__._------.__ No Action in 1958
HB 246--Motor Vehicles; liens _____________.._____.______..------No Action in 1958
HB 247--Voters; registration and qualification __------___.No Action in 1958
HB 249^Drunkenness; private residences and other
places -----_____.___________,,__________--------------_--_.-- No Action in 1958
HB 252--Railroad Trains; lights, rear and inside cabooses .... 237, 242, 256
HB 256--Funds; custody and distribution, when no
legal guardians ________._.___.__--------------------871, 877, 1207, 1456
HB 258--Water Resources Commission; create ------__...... No Action in 1958
HB 269--Motor Vehicles; regulate installment buying of used cars __________14
HB 271--Workmens Compensation Act; provide safety
inspector ________,,..,,--..,,._------______________________________________No Action in 1958
HB 274--Motor Vehicles; parking of __----------__. _____...______. No Action in 1958
HB 275--Cemetery Corporations; regulate ______________________ No Action in 1958
HB 278--Juvenile Courts; appoint temporary judges ________No Action in 1958
HB 280--State Board Watchmakers; create __--._----------,,_.--_.._... 692, 1208
HB 282--Divorce; file records with State Board
of Health __.____.,,._...__.____.___________________________________...___ No Action in 1958
HB 283--Hospitals; liens ... ----------
_ _ No Action in 1958
HB 285--Sales Tax; Use Tax Act; exclude certain commodities;
define "Retail Sales"............--------__________________. No Action in 1958
HB 289--Associate Public Service Commissioner;
widow's compensation ___._.___--------__------------_. No Action in 1958
HB 292--Motor Vehicles; fees for sheriff locating ............No Action in 1958
HB 295--Milk; require labelled, grades, standards, etc ..._ No Action in 1958
HB 299--Contagious T B; patients authorize leaves _______ No Action in 1958
HB 300--Food Service Establishments; standards of
sanitation
__.------.________ No Action in 1958
HB 308--Motor Fuel Tax; impose on fuel purchased in other States _____._._.__.,,________._.____------------......_......__ 173, 179, 285
HB 318--Municipal Employees; pensions in certain cities ________________----------------------_ _ No Action in 1958
1580
INDEX
HB 324--Georgia Food Act; inspect imported nuts, fruits,
vegetables ---------------------------------------- No Action in 1958
HB 325--Ocmulgee Judicial Circuit; provide additional
judge -------------------------------------- No Action in 1958
HB 338--Motor Vehicles; semi-annual inspection ----------No Action in 1958
HB 339--Practical Nurses; examination, licensing --------No Action in 1958
HB 340--Sales Tax; exclude Bibles _------------------No Action in 1958
HB 348--Motor Vehicle Licenses; registration and
licensing -------------------------------- ___ No. Action in 1958
HB 349--Deceased Employees; wages paid without
administration ------._._------___------_.__.----_____870, 877, 1213, 1454
HB 353--Voters; declare name of spouse, when
registering ------------------------------No Action in 1958
HB 359--Board of Boiler Rules; create ------------------No Action in 1958
HB 362--Railroad & Electric Co.; actions against --------No Action in 1958
HB 367--Justices of Peace; fees --------------------------.No Action in 1958
HB 372--Non-Residents; define jurisdiction of certain
suits ----------------------------------------------No Action in 1958
HB 375--Livestock Peed; lien in behalf of suppliers ----------__--___--68
HB 377--Firearms; require registration of ----------------No Action in 1958
HB 378--Homestead; exemption of certain taxes ------------------693, 701
HB 382--Trading Stamps; amend acting relating to ______________________------688
HB 385--Ordinaries; extend jurisdiction of courts of
certain counties --------------------------------No Action in 1958
HB 386--Land Titles; owner pays last 20 years --------No Action in 1958
HB 387--Western & Atlantic Railroad; Committee to
determine selling ---- ------------------------ No Action in 1958
HB 396--Minimum Foundation Program; revoking certificates
of teachers ------,,,,----------___------------------No Action in 1958
HB 399--Railroads Track Motor Cars; require stationary top ---------1005
HB 403--Fish; taking rough fish by baskets --------------No Action in 1958
HB 404--Veterinary; regulating practice of --------------No Action in 1958
HB 407--Pawnbroker; fingerprint persons who pawn
items ------
-------------------------- --.No Action in 1958
HB 411--County Offices; Primary Elections, candidate--No Action in 1958
HB 412--Tobacco Warehouses; sale and licensing of
flue cured ._.._._._.__...............-- ..___.----..----------No Action in 1958
HB 416--Trucks and Vans; painting information on----No Action in 1958
HB 417--Retirement System Teachers 20 years service
withdrawn ___.__.._._.._...........,,...._.__..__..___..................__..___.__........... 375, 815
HB 418--State Highway Board Transfer Counties from districts __ 686, 739
HB 419--Voting; aid blind ......-----------------------No Action in 1958
HB 420--Teachers Retirement; mandatory at age 70 .,,___ No Action in 1958
HB 421--Boats; registration in Georgia _----------------___.. ..._------___----. 640
HB 422--Wards; manage estate, examination of ---------No Action in 1958
HB 423--Workmens Compensation Laws; disfigurement- No Action in 1958
HB 425--Motor Vehicle license pro-rate _-----------------No Action in 1958
HB 426--Railroad Track Cars, Common Carriers;
provide windshields, tops, etc. ------------------No Action in 1958
HB 430--Surveyors; laborers, compensation of disputed lines -----201, 1111
HB 439--Motor Common Carriers Act; remove vehicle
from exceptions ,,.__-...____._--_-____--------_----------... 287, 655, 1247
HB 440--State Departments; competitive bids on ___________ No Action in 1958
HB 441--Hunting and fishing on own property without
license ---------_------------. No Action in 1958
HB 442--Health Insurance; accident insurance non-cancellable
after 5 years _____,,___..._--___........_--_--.....---------No Action in 1958
INDEX
1581
HB 443--Rifle Cartridge Dealers, Tax Act; amend ___________.No Action in 1958 HB 462--Deer Hunting; regulate certain counties .,,..,,_._ No Action in 1958 HB 469--Georgia Fire Institute; create extension Georgia
Institute of Technology ----------------------_________ No Action in 1958 HB 470--Engineering Advisory Board; create _________------No Action in 1958 HB 477--Voting; absentee service men; ballot vouchers ___ No Action in 1958 HB 486--Georgia Textbook & Library Book Committee;
create ____________________---_--...-..___----_----__________________ No Action in 1958 HB 500--Garnishment; government employees ................. No Action in 1958 HB 501--Newspapers; publishing corporations;
domicile __--------_--......................._........--.................No Action in 1958 HB 505--City of Rossville; increase tax rate ....................635, 732, 931, 976 HB 506--Zoning Planning Ordinances; regulate ................No Action in 1958 HB 531--Georgia Industrial Authority; create --------____No Action in 1958 HB 532--Drivers License; reinstatement of ........................,,._.______.____.____.. 201 HB 533--Judgments; motion for __............................._.__...:,,_ No Action in 1958 HB 539--Premartial Examinations; file with county health
department ---_-_--------------------------_._.__--No Action in 1958 HB 551--Insurance Adjuster; licensing of _______________________.No Action in 1958 HB 556--Fishing from Public Bridge; misdemeanor ________No Action in 1958 HB 565--Optometry; define __----_--_--------_------._.----________ No Action in 1958 HB 568--Trading Stamps; taxation for persons dealing
with ____------_._----_--.--._------------------__----_----No Action in 1958 HB 577--Meat, Poultry and Processing Plants; sanitary
conditions of _----.--.--_--_--_----------------_----.--.No Action in 1958 HB 610--Confederate Widows; change pensions __....................___.__.823, 1247 HB 611--Federal Aid Highway Projects; relocation of
utility facilities ....____.___________..--.--._____________....No Action in 1958 HB 612--Building & Loan Act; amend ____________________________----------.202, 464 HB 613--Subpoenas; State Departments to issue ______________________...........388, 397 HB 614--Sale; conveyances, estates amend, public
outcry _____------__--------------.-_-_----_--------....No Action in 1958 HB 615--County Planning Commission; amend .------..871, 877, 1017, 1393 HB 616--Licensing warm air heating contractors ............121, 127, 179, 464 HB 618--Inspection public books by citizens ----_________________.No Action in 1958 HB 619--Adairsville, Town of; change name __.______------__121, 128, 180, 390 HB 620--Georgia National Guard; amend, special motor
vehicle license tags member ------------_.___616, 620, 831, 988, 1393 HB 621--Newton, City of; charter ...............------____------121, 128, 180, 317 HB 622--Grants by State; municipality treatment
sewage ____----...--...-..-.--...-...---------_----._.__.............. No Action in 1958 HB 623--Pulpwood, Define; taxation of _________________________...No Action in 1958 HB 624--Amend Tax Little Cigars, Cigarettes __________No Action in 1958 HB 625--Court Reporter; compensation of stenographers
in civil cases __----__----__----___.___._.__._________----____No Action in 1958 HB 626--Motor Vehicle Licenses; change fees _....................._____.....______.._16, 48 HB 627--Pin Ball Machine; prohibit use certain localities ____________.____.._17, 48 HB 628--Motor Driven Cycles; speed limit without 1'cense ______________._17, 48 HB 629--State depository board transfer powers duties ________-____17, 48, 103
HB 630--Ordinary Fees; Evans County _.._.--..............17, 48, 121, 128, 288
HB 631--Ordinary Salary; Lee County ________-__._.._.___.___17, 48, 121, 128, 288
HB 632--Leesburg; requirement judge, solicitor _______17, 48, 121, 128, 289
HB 633--Walton County; change compensation Board Commissioners Road and Revenues __.,,.___._....18, 48, 121, 129, 289
HB 634 Mitchell County; change compensation County Commissioners ________________________________,,,,_.18, 49, 121, 129, 289
1582
INDEX
HB 635--Chatham County; construct streets, etc. ____.___18, 49, 121, 129, 289 HB 636--Cobb County; construct recreational center____18, 49, 121, 129, 390
HB 637--Smyrna; increase corporate limits __________________________....._________18, 49 HB 638--Transit Systems; Buses; Taxes __.__,,_________________._._.--________________42, 61 HB 639--License Fees; certain transit systems _--------_____----------____42, 61 HB 640--Taxation; Urban Transit System; suspend
executive order ......_.._____________.____,,_._.__....._.._____________42, 61, 269, 291 HB 641--Planning Commission; increase number
members ___----__.___________________________________..___________42, 62, 726, 1111
HB 642--Facsimile Signatures; use on public
securities, etc. __.---_ _.._.._..42, 62, 307, 993, 1393
HB 643--Clerk Superior Court; photographic equipment, use :___----__42, 62
HB 644--Vital Statistics Law; increase compensation
local registrars _____ --._.._.._._____________._.___......______.__......._.___.____43, 62, 387
HB 645--Tax Assessors Certain County; abolish
terms
...._,_----_._.----------__.,, 43, 62, 172, 180, 317
HB 646--County Police; appointment certain counties.--_--43, 62, 121, 130
HB 647--Primary Election Certain Counties; nominee
receive majority _--._--------.--..................43, 62, 121, 130, 289
HB 648--Camden County; additional compensation
Tax Receiver ___________________________------______________43, 62, 121, 130, 318
HB 649--Wilkes County; elect members board by people _...43, 63, 121, 130
HB 650--Waynesboro, City of; increase corporate
limits ------._..----..______----------.----________..........43, 63, 121, 131, 390
HB 651--Murray County; amend Board Roads and
Revenues _______________________________________------44, 63, 122, 131, 318
HB 652--Chatsworth, City of; comporate powers ________44, 63, 122, 131, 318
HB 653--Law, Practice of; regulate _____________,,,,------_____------______ 44, 63
HB 654--Cobb Judicial Circuit; salary Solicitor General ____________________________________________44, 63, 122, 131, 390
HB 655--Department State Parks; uniforms certain employees _--------_.----_________________________44, 63, 308, 443, 928
HB 656--Clayton County; create office Tax Commissioner _________------_____________.________44, 63, 122, 131, 321, 331
HB 657--Clerk, Sheriff Clayton County; salary basis ______------------------------._ .44, 63, 122, 132, 318
HB 658--Clinch County; amend Act creating county court .................... __ ______.__________.__.__.___45, 64, 122, 132, 318
HB 659--Revenue Tax Act; felony if firearms found on violator ________45, 64 HB 660--Intoxicating Liquors; amend sale of ____________________________45, 64 HB 661--Ordinary; close office Saturday noon __----__45, 64, 416, 742, 1111 HB 662--Washington, City of; change name ......___.______45, 64, 122, 132, 289 HB 663--Teachers Retirement; service credit, armed services ____47, 66, 470 HB 664--Chipley; amend charter ___________________._------____56, 74, 122, 132, 289
HB 665--Certain Cities; repeal act pertaining charters ...............................________.___.____________ 56, 74, 308, 589, 928
HB 666--Gilmer County; create advisory board _______56, 74, 122, 133, 289 HB 667--State Wide Probation Act; provide
for director _____________________________________.56, 74, 123, 405, 686, 732
HB 668--Commissioner of Agriculture; accept bonds, etc. ._..____.------,,_____________ 56, 74, 120, 198, 465
HB 669--Bainbridge, City of; dispose of property________57, 75, 122, 133, 290
HB 670--Corporations; number of directors ______________57, 75, 689, 950, 1393
HB 671--State Bridge Building Authority _____________________________.57, 75, 123, 557
HB 672--Dalton, City of; change civil service commission _______,,.._______.----.._..........57, 75, 122, 133, 290
INDEX
1583
HB 673--Fayette County; change term
Superior Court .......----..------.--............._........_57, 75, 122, 133, 290
HB 674--Conditional Bills of Sale; file for record 2 years ....____57, 75, 388
HB 675--Cartersville, City of; change corporate
limits _____---_--_--_-----.._--_--------..._......._...__58, 75, 249, 253, 465
HB 676--Marketing Eggs; label show weight
standard
_.____.._._
58, 76, 121, 199, 467
HB 677--Capital Gains Losses; include capital gain
dividends ..._...___.._.__.__..._____ 58, 76, 388, 657, 1112
HB 678--Cartersville, City of; school
funds __----_.----.------..............._...----58, 76, 122, 135, 168, 180, 391
HB 679--Omega, Town of; amend charter ____________.._..__.58, 76, 122, 134, 290
HB 680--Bartow County; clerk Board Commissioners act
as treasurer _._._----_------__------______..___----------.58, 76, 122, 134, 290
HB 681--Pin Ball Machines; each county regulate _____.._...._...................58, 76
HB 682--Agriculture Products; include timber and pulpwood ..............59, 76
HB 683--Firearms; requirement registration with ordinary _____59, 76, 307
HB 684--Bank Notes; counterfeiting, alteration, possession, etc.-,_.59, 76
HB 685--Macon, City of; close alley __...____----_------___59, 77, 122, 134, 290
HB 686--Junior College; act to provide for ____.______....59, 77, 270, 433, 856
HB 687--Department of Public Safety; complete law revision .... 59, 77, 690
HB 688--Workmen's Compensation; payment during rehabilitation....61, 78
HB 689--Motor Fuel; seller to display certain
signs ______.-........-_.__._-.-_.__.__________..-........-.-.......70, 103, 616, 1181, 1454
HB 690--Statewide Probation Act; restitution in certain cases ._____71, 103
HB 691--Petroleum products; unlawful to deceive
purchasers ...__._._.._..__._...... 71, 103, 248, 616, 1205, 1452
HB 692--Auction Houses; license certain counties_.....71, 103, 123, 440, 815
HB 693--Judge Superior Court Emeritus; amend act creating ...71, 103, 767
HB 694--Georgia Rural Roads Authority; amend
act creating ___..___._____________._________..__.........71, 103, 123, 164, 249, 259
HB 695--Grand Jury; provide nominations to _____71, 104, 307, 583, 1112
HB 696--Milledgeville, City of; change voting
hours .____.._--.__--........-_........._._--.....71, 104, 122, 134, 391, 595, 809
HB 697--County School Superintendent; filling
vacancy .-...-..-.-.-..--_..___-......._____.._.....--..............._72, 104, 306, 329, 815
HB 698--County Manager; form government vote required...--72, 104, 416
HB 699--Witnesses, Fees; amend Act certain
counties _----.-._----._-_.------__--_------..----...........72, 104, 248, 465
HB 700--Atlanta, City of; extend corporate
limits ___________________________________________ ..72, 104, 172, 184, 928
HB 701--Atlanta, City of; surplus waterworks
property ----_____.---------- __..................72, 104, 172, 185, 318
HB 702--Enforcement Penal Laws; prohibit collection
private funds ----__.__..--------_------.___--______72, 104, 692, 983, 1393
HB 703--Troup County; create Board Commissioners
Roads and Revenues ................__________73, 105, 122, 135, 290, 935
HB 704--Smyrna, City of; increase corporate
limits ..............--..----...--.----......._.._-._...----73, 105, 122, 135, 318
HB 705--Austell, Town of; amend charter _.______._-73, 105, 122, 135, 318
HB 706--Powder Springs, City of; amend charter._73, 105, 122, 135, 319
HB 707--Georgia Rural Roads; lease rentals paid by
Highway Department .-_.-.._...-.........................______--74, 105, 123, 319
HB 708--Peace Officers Annuity Fund;
amend ......................--.......................__74, 106, 309, 436, 860, 977
HB 709--Department of Public Safety; longevity
certain members .______------__________________.__74, 106, 309, 400, 686, 741
1584
INDEX
HB 710--Ellijay, City of; create office recorder........96, 123, 172, 175, 319 HB 711--Ellijay, City of; salary of Mayor _.__.__._______.97, 123, 172, 185, 319 HB 712--Dentistry; increase annual registration
fee ................_................_.____._______.._.............._.__97, 123, 306, 358, 684
HB 713--Dentistry; change fee of applicant taking examination ......_...__.._...................-_..-...._.-..97, 123, 306, 360
HB 714--Dental Hygienists; revoke license ______________97, 123, 306, 361, 684 HB 715--Dental Hygienists; change fee applicant
taking examination _________________________.__.___________97, 123, 306, 372, 684
HB 716--Toombs County; Commissioner of Roads
and Revenue ________.________,,_______________._--_.__-_____.97, 124, 172, 185, 465
HB 717--Lyons, City of; change corporate
limits _...__..._ ._..._..___.___._..._........_,-97, 124, 172, 185, 1156, 1180
HB 718--Voters; revise qualification
registration .__.______..............._..........97, 124, 1137, 1151, 1177, 1456
HB 719--Camilla, City Court of; salary
judge, solicitor ...._........._................_.....-..-..__.98, 124, 172, 186, 391
HB 720--Private Employment Agencies; regulate __..,,----.--,,------ 98, 124
HB 721--Electric Membership Corporation; amend act _,,.,,.... 98, 124, 614
HB 722--Calhoun, City of; extend city limits __________.98, 124, 172, 186, 319
HB 723--Auctioneers; county levy tax on __,,-,,.-_,,....--.--.----....--...---.98, 124
HB 724--Calhoun, County of; amend Act Commissioner
Roads and Revenue _,,.__,,,,__._.__.,,._.----- 98, 124, 172, 186, 319
HB 725--Leary, Town of; provide pave streets, etc.....99, 125, 172, 186, 319
HB 726--Bleckley County; salaries county officers____99, 125, 172, 187, 319
HB 727--Pishing on Sundays _,,.._____,,_,,______.-.
99, 125, 417
HB 728--Gordon County; compensation sheriff ........99, 125, 172, 187, 319
HB 729--Gordon County; provide fire protection
district ____________._._..........................._.......__...--99, 125, 172, 187, 319
HB 730--Calhoun; City of; establish recorders
court .....................__......................__._.._.__...._......99, 125, 172, 187, 319 HB 731--Atkinson County; establish county court..... 99, 125, 172, 187, 320 HB 732--Atkinson County; office Commissioner Roads
and Revenue ............._..-...-......_..__.__--.___________.99, 125, 172, 188, 320 HB 733--Atkinson County; office Tax
Commissioner ___________________._______________..__..._____100, 125, 172, 188, 320 HB 734--Real Estate Brokers, Salesmen;
amend act ._-.-.-........-........_....-_-_.---.--..__.___100, 125, 307, 373, 684 HB 735--Shrimp Pishing; prohibit use power
drawn nets __..._____________________.____________,,---_---.100, 125, 308, 325, 816 HB 736--Reciprocal Insurers; have business name _________100, 126, 428, 816 HB 737--Cobb County; salaries certain county
officials ___.-__......-......--................_.____-_---__100, 126, 172, 188, 391 HB 738--Macon, City of; amend charter relating
recorders court .........._.......................-..__.....__-100, 126, 172, 188, 320 HB 739--Smyrna, City of; amend charter ___._100, 126, 172, 189, 197, 1456 HB 740--Cobb County; salaries certain county
officials .-..._.........-.......-._____....-_............---.100, 126, 172, 189, 391
HB 741--Sumter County; repeal employees pension system ._......._...__________.....__....._.__.__._.101, 126, 172, 189, 320
HB 742--Insurance Councilors; licensing of _.______________.___.____.__...--........101, 126
HB 743--Insurance Councilors; licensing of __...___-_.___..___..__._._-__-......_. 101, 126
HB 744--Tax Commissioner; not required to make rounds certain counties ...........................................-101, 126, 172, 189, 391
HB 745--Hampton, Town of; change corporate limits ....._.........-.............__.-113, 173, 212, 216, 1002, 1064
INDEX
1585
HB 746--Stockbridge, City of; change
corporate limits ____.__.____.__.__._._______.______._._.____113, 173, 212, 216, 1112
HB 747--McDonough, Town of; amend charter ______ 114, 173, 212, 216, 1112
HB 748--Echols, Town of; amend charter _________________ 114, 173, 212, 217, 465
HB 749--Pin Ball Machine; define and prohibit, etc. ____________________ 114, 173
HB 750--Uniform Boat; regulation Act _________________________ _______._________._114, 173
HB 751--Toll Roads, Bridges; construction of _______________.......___.. ......... 114, 173
HB 752--Wholesale Fish Dealer; redefine _______________________________________ 114, 174
HB 753--Baldwin County; compensation
commissioners ___________________________________.114, 174, 212, 217, 1085, 1088
HB 754--Savannah, City of; amend primary
election ________ _.._._._.__..,,_._._._______,,__..__.___ 115, 174, 212, 217, 465
HB 755--Elbert County; salary Clerk Superior Court
and Ordinary :_____._____ 115, 174, 212, 217
HB 756--Elbert County; amend Board Commissioners ___.115, 174, 212, 218
HB 757--Elbert County; amend Tax Commissioners
Act ..____.___...,,_.._._____..____.__._._.______.._. 115, 174, 212, 218
HB 758--Private Employment Agencies; regulate, etc. ________________ 115, 174
HB 759--Coroners Certain Counties; amend fees ___ 115, 174, 213, 218, 465
HB 760--Livestock Dealers; delete licensing fee _____ 115, 174, 309, 429, 816
HB 761--Arbitration tax assessments 3rd named by
Judge Superior Court _______._____.____,,,,_.,,_. 115, 175, 309, 640, 1112
HB 762--Courts; closing Saturday and Sunday ____.__.116, 175, 248, 286, 684
HB 763--Mountain View, City of; repeal act
incorporating
__.______. ____________________ 116, 175, 213, 218, 465
HB 764--Clayton County; amend Board Commissioners
and Revenue _____________________...____.._.___________.__..____116, 175, 213, 218, 465
HB 765--Qualified Electricians; examination for
certain counties _____________________________________________ 116, 175, 213, 219, 811
HB 766--Installations of Plumbing; relating to ______116, 175, 213, 219, 465
HB 767--Sale Livestock at Auction; change bonds
of weighers _._.___.___,,__________________________.__________ 116, 175, 475, 591, 928
HB 768--Milk Products; repeal act relating to
licenses, fees ___..._.._.____.________________________________._.116, 175, 617, 991, 1456
HB 769--School Principals; execution
of bond _____________._.____.._.____-______________.______..__117, 175, 212, 288, 592, 928
HB 770--Louisville, Town of; change corporate
limits _________________ _______.,,._..._______________________ 117, 176, 213, 219, 632, 721
HB 771--Georgia Food Act; evidence admissible in courts ,,.___,,. 117, 176, 305
HB 772--Alapaha Judicial Circuit; abolish
fee system _______.____...___._________.____________._.__._._,,__ 117, 176, 213, 220, 466
HB 773--State Departments; deduct for deposits into
credit unions ._____________._......._.._._.___,,____.__,_._.. ...... ........ 119, 177, 475, 575
HB 774--Department of Labor; relating to
Rail Road Co. __._______..__.__._............................_..... ... 119, 178, 471, 551
HB 775--Livestock & Poultry Disease Control
Board; amend ______.___.._,,,,.,,__,,._________________ _______119, 178, 416, 638, 1112
HB 776--Brunswick, City of; close certain
streets, etc. ____________ .._.._________.______________.____._______._120, 178, 213, 220, 627
HB 777--Employment Security Law; real estate commission ________.. 120, 178
HB 778--Vienna, City of; amend charter ................... 120, 178, 213, 221, 466
HB 779--Trade Marks Certified; issuance of __________ 120, 178, 307, 586, 928
HB 780--Lt. Governor; Act relating 2nd primary election _______..__,,____._..._.__..___..__._.____.__.___. 120, 178, 307, 408, 1000
HB 781--Elberton, City of; employ assistants, tax office ______.........................._......__....... 169, 213, 249, 253, 859, 956
1586
INDEX
HB 782--Ear; compensation loss of hearing _______.__-....._..._._________....____..______169, 213, 471, 822, 1164, 1231
HB 783--Deceased Owner Property; order
administration .._.._____..__._..____________..____169, 214, 417, 823, 1259, 1322 HB 784--Attorney General; assist county registrars ......__.____169, 214, 309 HB 785--Bainbridge, City of; change corporate
limits ....__._________.._.......______.______.___.___.____169, 214, 249, 253, 466
HB 786--County Line Schools; amend act relating to...-170, 215, 306, 430 HB 787--Lottery, Participating, Playing, Betting;
a misdemeanor __________________________..___________________._______170, 215, 248, 283 HB 788--Insurance; Workmen's Compensation;
unfair trade practice ,,_.,,___________..________-----_-,,_______,,_________________.171, 215 HB 789--Tax School Lunch; authorize county to
levy taxes ____._._-_......-....__.____________.___171, 215, 309, 827, 1271, 1341
HB 790--State Employees Retirement System; Tax Commissioner
member _..__._....... 209, 249, 614, 1029, 1260, 1271, 1365, 1426, 1428
HB 791--Ballots in Election; other than primary .___.___.____..______._209, 249, 475
HB 792--Civil Defense Advisory Council;
membership ......._.______________._________.,,
209, 250, 269, 551, 928
HB 793--Temporary Seat of Government in
Emergency
___..._._.______..____.___..__........ 209, 250, 269, 553, 929
HB 794--Authority During Emergency;
by Governing Authority ....--...._._._____......----209, 250, 269, 554, 929
HB 795--Polk County; create Board
Commissioners ._..___.__.__________.________.__._.._...__......210, 249, 252, 273, 627
HB 796--Polk County; amend election of
County Attorney ______._._______________.___._..._________.210, 249, 252, 273, 627
HB 797--Insurance Annuity Contract; sale of ________._____________.___.______210, 250
HB 798--Houston County; incorporate City
of Centerville ..._.-..-__......-...-...-..-.-._____._..........210, 249, 252, 274, 466
HB 799--Libelous Statements; retraction _____....._.._...210, 250, 388, 582, 856
HB 800--Taxation; gross income, exclude amounts received
as U. S. pensions _________________________________________________________________ 210, 250
HB 801--Voters; qualifications of _.__________....________._____.______.._________________.__.211, 250
HB 802--Waycross Judicial Circuit; additional
compensation felony cases _____________________.__._.211, 249, 252, 274, 466
HB 803--Premartial Examinations; destroy
after 1 year
_____._.,,
211, 250, 388, 829, 1247
HB 804--Payetteville, City of; amend charter ......._.__.____.211, 249, 252, 274
HB 805--Qualification; Assistant Adjutant General
Army and Air ________.__.._ .___._._______________________.___________.211, 251, 614, 755
HB 806--Fayetteville, City of; hours of election ...._ 211, 249, 252, 274, 811 HB 807--Sheriffs of State; on salary system lieu of
fee system ......................--.._______...............-.._.._._._.............244, 270, 474
HB 808--Murray County; abolish certain streets .________-_.____._._.................__-___-_._ 245, 270, 308, 313, 627
HB 809--County Officers; fee system, abolish ........_......._245, 270, 474, 494
HB 810--Dade County; create water authority ........245, 270, 308, 314, 627
HB 811--Insurance; amend trade practice --_--_----_._--.--_..----.._-..___.245, 270
HB 812--Blue Ridge Judicial Circuit; salary Solicitor General _______.._.____________.______.____.__.____245, 270, 308, 314, 466
HB 813--Insurance; Borrower and Purchaser select agent for ........ 245, 271
HB 814--Lanier County; amend Building Commission Roads and Revenue ............--._.__.__.................245, 271, 308, 314, 466
HB 815--Lavonia, City of; amend charter ...._..__.____. 246, 271, 308, 314, 627
INDEX
1587
HB 816--Jeff Davis County; create Board of Commissioner,
Roads & Revenues __.._--------
__._.,,... __.... 246, 271, 308, 315
HB 817--Irwin County; Board Commissioner;
Roads and Revenues .----------______.-------- 246, 271, 308, 315, 466
HB 818--Director Emeritus; State Board Workmen
Compensation amended ...------._--...--__------......_.....------...246, 271
HB 819--Marietta; City of; change corporate limits 246, 271, 308, 315, 627
HB 820--Teacher's Credits; transfer from teachers retirement
to employees retirement--..-246, 271, 306, 593, 1066, 1131, 1157,
1242, 1257, 1404, 1418
HB 821--Commercial fishing; change hours certain
counties
_._._.____. 246, 271, 308, 1114, 1183
HB 822--County Superintendent schools; qualifications...-----247, 272, 767
HB 823--Food Service Establishments; sanitation
standards _____________ 247, 272, 387, 754, 816, 1044, 1392, 1404, 1434
HB 824--Tax Intangible Property; exemption, notes held by
Production Credit Association._----------____--------.247, 272, 309
HB 825--Wife's estate; assumption of husband's
debts.....---------------------------------...--_.247, 272, 412, 416, 757
HB 826--Morgan County; amend Board Commissioners,
Roads and Revenues . .___,,__..._ 247, 272, 308, 316, 467
HB 827--Sandersville, City Court of; costs ..........______ 247, 272, 308, 316, 467
HB 828--Warrants; cost paid for issuance _____________________264, 309, 471
HB 829--Commissioner Resident Insurance Agent; countersign non
resident _-------.--------------__------.___.___.__.265, 309, 435, 931, 948
HB 830--Columbus, City of; county planning
district . .
----.------_------_------ 265, 310, 343, 348, 628
HB 831--Pin ball machines; certain counties to
license
... .___..__ _____----___. 265, 310, 343, 349, 628
HB 832--Muscogee County; pension fund for
employees _____._.__,,...______________________________________.265, 310, 343, 349, 628
HB 833--Judges Superior Courts Emeritus; temporary service _ ... 265, 310
HB 834--Gainesville, City of; add two
commissioners --.--___----------------..--------265, 310, 343, 349, 628
HB 835--Judges Emeritus Superior Court; serve
in Superior courts ..____
265, 310, 388, 661, 1164, 1165
HB 836--State Board of Registration Used Car
Dealers; provide for ....._________._.......___________. 266, 310, 616, 747, 1000
HB 837--Judges Superior Court Emeritus; service and
appointment of _.------------__...----.___----...266, 310, 388, 661, 1247
HB 838--State Claims Board; create ....----_----_..--------.---- 266, 310, 475
HB 839--Learners' licenses ..___..._______... ________________ 267, 311, 616, 835, 1247
HB 840--Georgia Economic Act; research data.--.267, 305, 311, 733, 1247
HB 841--Atlanta, City of; relating to streets, etc. 267, 311, 343, 349, 1112
HB 842--Flour, bread, corn, meal, etc.; regulate sale of --------.......267, 311
HB 843--Insurance; accident, liability, casualty amendments 267, 311, 402
HB 844--State Tort Claims Act .267, 312, 471, 730, 1165, 1166, 1257, 1259, 1278, 1365, 1434
HB 845--Swainsboro, City of; increase corporate limits ...........__.....--..._--_............. 268, 312, 343, 350, 628
HB 846--Administration of Estate; Guardian Acting for Ward........--------..------------.268, 312, 388, 823, 1247
HB 847--Tax on Motor Fuel; refund to municipalities _________ 268, 312, 388
HB 848--Duluth, City of; provide a municipal government for ----------------.. -------- 268, 312, 343, 350, 632, 820
1588
INDEX
HB 849--County Officers; change from fee to salary, certain counties ____._._________________....._.___.. .._.. 268, 313, 343, 350
HB 850--Years Support Minor ;barred if married prior to filing for ...______......____..__________..__.___.._ 298, 344, 388, 832, 1247
HB 851--Malt Beverages; presence of 864 oz. ___..._._____._.__.___._..,,__.___. 298, 344 HB 852--Hospital Insurance; in effect 1 year not
cancelable by insurer
.... ......._ 300, 344, 688
HB 853--Sales Tax; exempt medicines not subject ....__.._.___.... .____._. 300, 344
HB 854--Savannah District Authority; authorize
issuance bonds certificates _____...._...__.________._....300, 344, 471, 480, 811
HB 855--Spirituous Liquors, etc.;prohibit advertisement of ______ 300, 344
HB 856--Coolidge, City of; amend water,
lights commission _. . . _
.,, 300, 344, 471, 480, 811
HB 857--State Employment Agencies; help wanted
ads posted .. ._________.__..______........__.... 300, 345, 388, 578, 1248
HB 858--Richmond, City of; amend .____.....__._-.....301, 345, 388, 472, 480, 811 HB 859--Director Aviation; create in Department
of Commerce ___._......_______-._-...--.._......_.--.........._....___--_.... ....301, 345, 475 HB 860--Sugar Hill, Gwinnett County,
amend charter ....._...__._.........._._....._._... . ..301, 345, 472, 480, 811 HB 861--Cairo, City of; amend act
relating to Mayor ____........____.._........__._...............301, 345, 472, 481, 811 HB 862--State employees to accept service;
authorized by Secretary of State _.......__..... 301, 345, 475, 990, 1393 HB 863--Marriage License; returned to parties
when recorded .........._.___._........____.___.....__.__._.. 301, 345, 388, 642, 1112 HB 864--Port Wentworth, City of; create municipal
planning commission __.._.........___..__........_.__.._.. 301, 345, 472, 481, 811 HB 865--Atlanta, City of; amend charter .._._.__.. .302, 345, 472, 508, 1112
HB 866--Aliens; State Department, amend act relating hiring in _._..__.._...._-.... 302, 345
HB 867--Pamphlet relative to Sales Tax rules, etc., prepared
by State Revenue Commissioner _.....________.._ ........__.._.__...... 302, 346 HB 868--Permanent alimony; no petition within 2
years judgment ____._.....____.._ .._..__....._._..... ......... ... ..... 302, 346, 416
HB 869--Tax cigars, cigarettes, amend ................_.._......_............______. .302, 346 HB 870--East Point, City of; additional lands ..._._.. 302, 346, 472, 481, 811 HB 871--East Point, City of; amend charter .......... 302, 346, 472, 481, 811 HB 872--East Point, City of; annex additional
lands .._.__.___........_________...______._._--.._______.-..__.302, 346, 472, 482, 931, 980 HB 873--Griffin Judicial Circuit; amend salary court
reporter .__..__.............____....._.__._______...._..._._. ..303, 346, 472, 508, 856
HB 874--Chiropractor; amend qualification applicants ______._____....___________.....________......_____.... 303, 346, 387, 439, 816
HB 875--Official Court Reporters; fix salaries .... .....__._.304, 347, 472, 1211 HB 876--Cherokee Judicial Circuit; salary
Solicitor General ..........______.__......__.__..............304, 347, 472, 482, 811
HB 877--Petitioner for Divorce; amend residence ....._..._..........______._._.......__._........_ 304, 347, 871, 1206, 1452
HB 878--Dodge County; change compensation, clerk of the Commissioner........--................... 304, 348, 472, 482, 812
HB 879--Dodge County; amend office tax commissioners ...___.....-..___..._.___._____......__......... 304, 348, 472, 482, 812
HB 880--Dodge County; Ordinary supplement compensation ._____.___..-._........________......-...__...__... 305, 348, 472, 482, 812
HB 881--Department of Public Safety; Forestry Investigations ___..305, 348
INDEX
1589
HB 882--Nursing, convalescent, boarding homes; licensing.....--_______336, 392
HB 883--Dublin Judicial Circuit; solicitor general, salary
lieu of fee __-.....__________--........____.--337, 392, 472, 550, 1002, 1230
HB 884--Oconee Judicial Circuit; solicitor general,
salary lieu of fee --..,,----..337, 393, 472, 550, 1000
HB 885--Treutlen County; remove from Oconee
Judicial Circuit ___._------..__.______-_._____----.....337, 393, 472, 830, 1248
HB 886--Newnan, City of; close street .__----...----337, 393, 472, 483, 1112
HB 887--Carnesville, City of; extend corporate
limits -----........---------......------.--------337, 393, 472, 483, 812
HB 888--Fire Insurance; provide maximum
amount issued .__------________.________..__.__._..______.337, 393, 846, 1167, 1452
HB 889--Johnson County; amend Board Commissioners
Roads and Revenues ____________________.......------., 338, 393, 472, 483, 812
HB 890--County Planning and Zoning; certain
counties ______________________________________ ..._______________..338, 393, 472, 483, 812
HB 891--Licensed Distributor Motor Fuel; authorizing
pledging certified additional bonds ------.338, 393, 617, 833, 1248
HB 892--Mentally Retarded Children; provide
educational training __.--.._._._______----..338, 393, 470, 583, 653, 1112
HB 893--Lumpkin County; create office Tax
Commissioner ------_-----...------------------338, 394, 472, 484, 812
HB 894--Workmen's Compensation; include counties
in definition of employer
..__.338, 394, 471, 736, 1248
HB 895--Douglas, City of; amend charter --------,339, 394, 472, 484, 813
HB 896--Douglas, City of; amend charter --------.,-339, 394, 472, 484, 813
HB 897--Juvenile Detention Homes; authorized
construction of ___..._.. ----------------.-.339, 395, 475, 737, 1085, 1086
HB 898--Legal Documents; illegal simulation of__...___------...... 340, 395, 417
HB 899--East Point, City of; change corporate
limits _.------------.._.__.------------------....----340, 395, 472, 484, 812
HB 900--College Park, City of; amend charter ______._340, 395, 472, 485, 812
HB 901--Motor Vehicles; special permits to operate
when exceeding weight limit ____.______.........,,.,,___._______........_.. .....340, 395
HB 902--Abandoned open well; unlawful to maintain _____.______.____._.__________.._.._._______________.____.340, 395, 691, 838, 1045
HB 903--Railroads; overpasses and underpasses--340, 395, 688, 988, 1080 HB 904--Legal Documents; illegal simulating of ___........____.._......341, 395, 417 HB 905--College Park, City of; prescribe city limits 341, 396, 472, 485, 813 HB 906--College Park, City of; prescribe
city limits _._._----.....___--......______------._-_..341, 396, 472, 485, 813 HB 907--Voting Machines; provided all elections....--.....341, 396, 617, 1151 HB 908--Wife, abduction of; husbands right ______.----...____________.--.____.341, 396 HB 909--Portal, Town of; amend charter ......______,, 341, 396, 472, 485, 856 HB 910--Constables; amend act pertaining to fees 381, 417, 615, 973, 1394 HB 911--Albany Dougherty payroll development authority;
create .___._____.__----_._.___________________________-_..381, 418, 473, 485, 860, 945 HB 912--Justices of Peace; amend act pertaining to
fees .._____..______.____382, 418, 615, 970, 1397
HB 913--Tobacco; refund tax on fuel used in curing----___._.._.._..----382, 418
HB 914--Henry County; compensation Board of Education members ------.....____--.._-.__.....382, 418, 473, 486, 813
HB 915--Hart County; nomination persons elected, selected --_-...------------------------------.382, 418, 689, 702
HB 916--Hart County; create Board of Commissioners Roads and Revenues _,,.------.._____----.......____._--..382, 418, 689, 703
1590
INDEX
HB 917--Hart County; Abolish office of Treasurer--.....382, 418, 689, 703
HB 918--Oconee County; amend Board of Commissioners
Roads and Revenue ____________................_.__.____.382, 418, 473, 486, 813
HB 919--Vidalia, City of; amend charter .......... ... 383, 418, 473, 486, 813
HB 920--Blackshear, City of; amend_
___ 383, 418, 689, 703, 1000
HB 921--Blackshear, City of; amend charter __________.____..___.________-__-_. 383, 419
HB 922--Rockmart, City of; extend city limits _______ 383, 419, 473, 486, 813
HB 923--Adel, City of; change corporate limits ______ 383, 419, 473, 487, 814
HB 924--Donalsonville, City of; amend charter........383, 419, 473, 487, 814 HB 925--Claxton, City of; creating incorporating ... 383, 419, 473, 487, 856 HB 926--Thomaston, City of; extend corporate
limits ...__,,..____________________________._.....__._______________ _383, 419, 473, 487, 814 HB 927--Silvertown, City of; registration, etc.
of voters ........_____.__.__..__.____.__................._,___________384, 419, 473, 487, 814 HR 928--Silvertown, City of; abolish charter _____ ____384, 419, 473, 488, 814
HB 929--Thomaston, City of; change corporate limits ___________ _.__.__.__..___.____.__________________________.._.___.384, 419, 473, 488, 814
HB 930--Silvertown, City of; elect commissioners, authoriz: ng city manager ________________.,,.____________________,,,,__.___ _384, 419, 473, 488, 814
HB 931--Fire Department; certain cities furnish aid, pensions, etc. ____... _____________..__._.______384, 420, 615, 621, 1001
HB 932--Chiropody; amend act relating to _,,__..______384, 420, 614, 824, 1248 HB 933--Police Pensions; amend act relating to in
certain cities __._,,._._______________.,,.._. _...____..,,___ _____384, 420, 615, 622, 929
HB 934--Traffic Courts Certain Counties; amend act relating to __________.__._______.____..______385, 420, 473, 488, 1001
HB 935--Compensation Tax Commissioner; certain counties ___________________.._.___..______,___________385, 420, 473, 489, 814
HB 936--DeKalb County; electorial districts school board _.._______________.__..__________________________.._____385, 420, 473, 489, 814
HB 937--DeKalb County; amend pension system act .....___________.-........__._____.__---___.............385, 420, 473, 489, 815
HB 938--Eatonton, City of; amend act relating to tax assessors ______.._______.____....._,,......_._ 385, 420, 473, 489, 1085, 1087
HB 939--Motor Fuel Tax; refund on fuel used county Board Education __ .____._______________________.____.____________385, 420, 617
HB 940--Blakely, City of; amend charter ___________ _._.385, 421, 473, 489, 815 HB 941--Doraville, City of; chairman Board of
Commissioners' salary ___________________________________386, 421, 473, 490, 815
HB 942--Savannah, City of; amend act incorporating _________________________________________________ 386, 421, 473, 490, 815
HB 943--Dodge County; create Board of Commissioners Roads and Revenues __________________._._______________386, 421, 474, 491, 815
HB 944--Eastman; City of; extend corporate limits ________________________________-_---_--___---_________--_387, 421, 474, 491, 815
HB 945--Stone Mountain; state acquire _______._._................___387, 422, 475, 647 HB 946--Stone Mountain Memorial Association;
create ........__.____-...._.-...________-__--_--~--.387, 422, 475, 653, 1066, 1117 HB 947--Albany, City of; extend electrical
distribution system _,,,,__.._______________--_--________.____412, 475, 615, 623, 929
HB 948--Albany, City of; authorize condemnation of certain property ________________._-_-______-_-_-_.____________412, 475, 615, 623, 929
HB 949--Sales Tax; tobacco, excluded on fuel used in curing____________412, 475
HB 950--Real Estate Brokers; sales in certain counties __________________412, 475
HB 951--Motor Fuel Tax; amend act relating to ______________________________________412, 475, 693, 992, 1397
INDEX
1591
HB 952--Albany, City of; revoke certain licenses, etc., public utilities _______.._._................____..,.,_........._.-412, 476, 615, 623, 929
HB 953--Thomasville, City of; amend charter _._...._413, 476, 615, 624, 929 HB 954--Milan, City of; amend charter ....................413, 476, 615, 624, 929 HB 955--Port Wentworth, City of; increase
corporate limits ____._.-...................._..__.....___.413, 476, 615, 624, 1001
HB 956--Dawson County; amend act creating tax commissioner _._._______-__..._.._____________.___.__._413 f 476, 615, 626, 1001
HB 957--Speed limit of vehicles; increase speed .._.._______________._._._._.413, 476
HB 958--College Park, City of; provide repaving of streets ________-___........-_......_.__._._.___________.___413, 476, 615, 624, 929
HB 959--Chamblee, City of; amend charter _________.______._._...__.._._......._.______._.___413, 476, 615, 625, 1002, 1210
HB 960--Sinking Fund; deductible from total bonded debt _.__.__.................________......__.....______413, 471, 476, 835, 1248
HB 961--Law School Graduates; certain school practice without exam ........................................_______.____________414, 471, 476, 664
HB 962--Polk County; coroner on salary basis._._____414, 477, 615, 625, 930 HB 963--Cedartown, City of; change maximum
fine limit ............._____................................._....__414, 477, 615, 625, 930 HB 964--Long County; ordinary supplementing
compensation ____.___________________.________________..__..__.414, 477, 615, 625, 930
HB 965--Ludowici, City of; amend city court ___.______414, 477, 615, 625, 930 HB 966--Ordinaries of Georgia; change composition
retirement board ___..__..._-__________________.___.__.___________._._.._____414, 477, 767 HB 967--Taxation; municipalities and counties _......___....____..._414, 477, 770 HB 968--Fairburn, City of; amend charter ________.._415, 477, 615, 626, 930 HB 969--Macon, City of; close alley __._._._____._._________415, 478, 616, 626, 930 HB 970--Insurance Rate Increase; provide public
hearings prior to .....__......................__..___.________.__.___...___._._._.._415, 478 HB 971--Insurance Rate Increase; provide public
hearings prior to _.______..__............____....___.___________._______.____.__._.__.__415, 478 HB 972--Commissioners Roads and Revenues; expense
allowance certain counties ......._.......__.........446, 502, 689, 703, 1113 HB 973--Playgrounds, Parks; use for recreational
purposes ............________._____._____.__.._...__._446, 502, 581, 616, 753, 1113
HB 974--Maeon, City of; amend charter __..____....____447, 502, 689, 704, 1001 HB 975--Department of Public Safety; Employment
Retirement System _________________________________________._____________._.___..447, 502 HB 976--Stolen Goods; juvenile ____.___.__.__._.______-...__..._.._._______._.___.447, 502, 614 HB 977--Baldwin County; amend Board
County Commissioners .._........................_......447, 503, 690, 704, 1113 HB 978--Sheriff Supplement Salary; certain
counties .__......._.........._.___._._______._....._._......._._.447, 503, 690, 704, 1113 HB 979--Baldwin County; employment
county police ............_...._.,,_._...-...._..__...-......___447, 503, 690, 704, 1113 HB 980--Criminal Bonds; change
fee charged ............................447, 503, 871, 1145, 1146, 1415, 1420 HB 981--Dooly County; expenses of sheriff ....._....___._____448, 503, 690, 705 HB 982--Coolidge, City of; amend act
incorporating ___.__._._____________-_________.__.-__._.448, 503, 690, 705, 1001
HB 983--Director Parks Department; change compensation _._._____________.______.______448, 503, 617, 839, 1248
HB 984--Venue of Suits Against Insurance Company; amend act ................._...448, 503, 614, 1077, 1404, 1406
HB 985--Albany City Court; change compensation of Judge _.____.._........................................._._..448, 503, 690, 705, 1001
1592
INDEX
HB 986--Milk Control Commissioner; amend act creating ......._._.__.__.._______________.______448, 503, 613, 759, 1003, 1067
HB 987--Motor Vehicles, State Revenue Commission; regulate issuance of title ________________ ._.___..._.__...._____......._...........448, 504
HB 988--Jail Escaping; punishment for participating in ______._448, 504, 767 HB 989--Kennesaw, City of; amend charter ________449, 504, 690, 705, 1001 HB 990--Garnishment Cases; provide services of
answers in ________.____________________.___.449, 504, 691, 995, 996, 1435, 1437 HB 991--Garnishment; service of writs _____.___________.____________________449, 504, 874 HB 992--State Game Pish; change provisions sale
game and fish ______.._.___.___________.___.._.._.__..__. ..449, 504, 873, 1210, 1456 HB 993--Cherokee County; amend office
tax commissioner ..__....._._...._.._.......449, 504, 690, 705, 1085, 1088 HB 994--Canton, City of; amend charter ..._._.........._449, 504, 690, 706, 1001 HB 995--Installation Warm Air Heating; regulate
equipment certain counties ________________________449, 505, 690, 706, 1002 HB 996--Canton, City of; increase corporate
linrts _.__.___________.__.______._._._..._.._..___.....___.__.____..____450, 505, 690, 706, 1002 HB 997--Mortgages; recording of ......................_...................__..__..__..____450, 505 HB 998--Conditional Bills Sale; amend act relating to ....................450, 505 HB 999--Deeds; to secure debt; where recorded ....______.__.__..____._____._ 450, 505 HB 1000--Taxes; refund overpayment; amend act
provide method ._____.___________,,_________.___..___.__._.._ 450, 505, 617, 834, 1248 HB 1001--College Park, City of; prescribe
limits .....,,..__.________.___________.................................450, 505, 690, 706, 1002 HB 1002--College Park, City of;
prescribe limits _______._______.___.___.__.._._...............450, 505, 690, 707, 1002 HB 1003--College Park, City of;
prescribe limits .........__._______.___.______________.____...451, 505, 690, 707, 1002 HB 1004--Support Minor Child; father in final
divorce decree ...... ...__._____.______.___.________451, 506, 691, 1555, 1437, 1452 HB 1005--Department Public Safety; jurisdiction of
traffic violations __.________________.._-......................__...._.___.__.__-..___.._.451, 506 HB 1006--Compulsory School Attendance;
repeal ________._.._..._...__........_.__.______._...__.__.___.._._.452, 720, 767, 1142, 1452 HB 1007--Ware County; provide for use of
voting machines _..______._.______________._..______.. ....497, 618, 768, 777, 1248 HB 1008--Waycross, City of; provide for use
voting machines .__.__________..._.__...-_..___.-_________497, 618, 768, 777, 1249 HB 1009--Albany, City of; change
corporate limits ............................................498, 618, 768, 777, 1249 HB 1010--Griffin, City of; extend
corporate limits _______________________________._________._.492, 618, 768, 777, 1249 HB 1011--University of Georgia School of Law; State
Librarian deliver books to _....__................._...____.___.____.____498, 618, 691 HB 1012--Albany; City of; define corporate
limits _____._______._.________.__.____________________________.______498, 618, 768, 778, 1249 HB 1013--Covington, City of; amend charter ____.____.498, 618, 768, 778, 1249
HB 1014--Van Wert, Town of; repeal act incorporating _______._________.________________________498, 618, 768, 778, 1249
HB 1015--County Board Tax Assessors; certain counties term be 1 year ____.._________.____.__.____498, 618, 768, 778, 1249
HB 1016--Pensions; employees certain cities ............499, 619, 871, 900, 1397
HB 1017--Troup Judicial Circuit; create _______________._______..._...__.._...499, 619, 874
HB 1018--Coweta Judicial Circuit; delete salary paid by Troup County ___.-._..-____-.__.____-_._-....______.499, 619, 768, 778
INDEX
1593
HB 1019--Coweta Judicial Circuit; Solicitor on salary basis ...._._.___....-._____..-...___.....____-....____....___.__..499, 619, 768, 779
HB 1020--County Unit System; reapportion _____________________ ._____499, 619, 1007 HB 1021--Public Service Commission; permits for
extra size weight vehicles ________.,,___________..,,_____..__._..._....___..,..499, 619 HB 1022--Garden City, Town of; extend
corporate limits _______________._______________._.__________499, 619, 768, 779, 1249 HB 1023--East Point, City of; amend charter ___.____500, 619, 768, 779, 1249 HB 1024--College Park, City of;
prescribe limits __._.__.,,--_._______----_________________500, 619, 768, 779, 1249 HB 1025--Bacon County; procedure holding
primaries ....-___-_._-.......___-...___.....__-___...____...___500, 620, 768, 780, 1250 HB 1026--Monticello, City of; increase
corporate limits _,,,,.,,_. 500, 620, 768, 780, 1156, 1158 HB 1027--Jasper County; compensation county
treasurer .__.__.....__._____...._._______._____.....____...______500, 620, 768, 780, 1250 HB 1028--Forfeiting Bond; penalty for ._.__..._____...._____....____...._.___.....____500, 620 HB 1029--Small Claims Courts; certain counties,
amend act creating _...._..____....____...._.__....__604, 693, 768, 780, 1250 HB 1030--Superior Court; unclaimed funds __________._______._.._604, 689, 701, 1160 HB 1031--Elberta, Houston County; create
new municipality .._.____..___..__.___._._____605, 693, 768, 781, 1156, 1209 HB 1032--Valdosta, City of; create office
City Manager __._....__.____....._.___..._____......___....605, 694, 769, 781, 1250 HB 1033--Stapleton, Town of; amend act
incorporating _____._......_______..._____.....__.__..._-___..605, 694, 769, 781, 1250 HB 1034--County Roads; maintain paved roads, marking of ...__605, 694, 845 HB 1035--Paulding County; supplement compensation
of Coroner _____.....______-...._______...-______.-.-_.__-......605, 694, 769, 781, 1250 HB 1036--State Aid System; streets
becoming part of ______...___.__...._.____.... 605, 688, 701, 967, 1272, 1276 HB 1037--Stewart County; abolish county
treasurer .__._.___....________....___.____.....______.._.____....605, 694, 769, 781, 1250 HB 1038--Firemen Pensions; amend act
providing ..________......______...._._____..._._____....___606, 694, 1007, 1175, 1392 HB 1039--Bartow County; create office
tax commissioner ______________.____________._____._._____606, 694, 769, 782, 1250 HB 1040--Bartow County; certain offices change from
fee to salary ._,,_______.._____......___.....__.....___...____606, 694, 769, 782, 1250 HB 1041--Bade County; create office
tax commissioner ___..._____...._____..._._._....___....___606, 694, 769, 782, 1250 HB 1042--Jonesboro, City of; extend
corporate limits _____....______....____...____....____...__606, 694, 769, 782, 1251 HB 1043--University System of Georgia; create position
of President Emeritus .____....____._..-__..._._....__.___....__...._____..._____606, 695 HB 1044--Warrenton, Town of; amend
act incorporating .____.....____._..._____..____....____..606, 695, 769, 784, 1251 HB 1045--Solicitor-General of Superior Court; certain
counties appoint investigators _--_____________607, 692, 701, 1110, 1456
HB 1046--Floyd County; abolish mode of compensation certain offices _,,_.__,,___.._____________,,______--_____607, 695, 769, 784, 1251
HB 1047--Floyd County; create office county tax commissioner ,,..._.._......,,___....____....___...___.....___ _.608, 696, 769, 784
HB 1048--Glenwood, City of; create new charter..____608, 696, 769, 784, 1251
HB 1049--Stephens County; amend act establishing city court ...___.._..-.___._.._.____...-__......__...____...608, 696, 769, 784, 1251
1594
INDEX
HB 1050--Stephens County; amend act creating Commissioner Roads and Revenues -------------------- 608, 696, 769, 785, 1251
HB 1051--Assessment and Collection Tax; municipal authority limit, regulate ----------------.608, 696, 770, 785, 1251
HB 1052--Clermont, Town of; amend act incorporating ---___----------------------------608, 696, 769, 785, 1251
HB 1053--Brunswick Port Authority; add to powers _----__--_--.--------------.608, 696, 769, 785, 1251
HB 1054--Atlanta, City of; public sales of property under execution ._------__------------------.609, 696, 769, 786, 1252
HB 1055--Election of President, Vice-President; provide nomination party candidacy -- .... . 609, 696, 975, 1272, 1276, 1392, 1438
HB 1056--Voters; prescribe qualification for __ 609, 697, 873, 874, 976, 1050 HB 1057--Department Public Safety; provide
additional funds _._--.------------__.--------_----------.609, 697, 869 HB 1058--Georgia Commission of Surplus Property;
create agency ____----__-----------__----------------609, 691, 701, 985 HB 1059--Income Tax; provide for deduction of
Federal Income Tax ... ....-------- _..._.----609, 697 HB 1060--Agricultural Fairs; provide for exhibits agricultural
resources of State ____----------------------.-609, 687, 701, 825, 1252 HB 1061--Board of Accountancy; amend act relating to --------------610, 697 HB 1062--City of Atlanta; relating
to bids ...___.._______..--------......610, 697, 769, 786, 1259, 1336, 1435 HB 1063--Old Age Assistance Act; maximum
income of recipient --.-----__--__--.._----------------610, 697, 1007 HB 1064--County Boards of Health; regulate disposal
and deposit garbage --,,_----.-_--_------__--__,,----------610, 697, 870 HB 1065--Packaged Bread; provide for dating of .....__.__...._____....._._.___ 610, 697 HB 1066--Fulton County; establish rules payment
of pensions --__-------------------610, 697, 769, 786, 1157, 1340 HB 1067--Fulton County; relating to pension
retirement of teachers ___-....______....__610, 698, 769, 786, 1157, 1230 HB 1068--Officers of Cities; pensions for
in certain cities _----___----------------------611, 698, 769, 787, 1398 HB 1069--Fire Department Certain Cities;
systems of pensions _.__--------.------------611, 698, 769, 787, 1398 HB 1070--Police Department Certain Cities;
system of pensions ...____-....____--__...-.____......611, 698, 769, 787, 1398 HB 1071--Port Facilities Central of Georgia Railroad and
Whitehall Plantations; acquire ....___----_----------.612, 691, 702 HB 1072--Ordinaries of Georgia; provide
retirement benefits _________.___.--_______612, 689, 702, 837, 1260, 1265 HB 1073--Manor, City of; incorporate and
provide charter .....__.....__._____......_____........____677, 771, 846, 883, 1398 HB 1074--Ludowici, City of; change
corporate limits --------___.------------------677, 771, 846, 883, 1398 HB 1075--Alma, City of; close certain alley---.---.677, 771, 846, 878, 1398
HB 1076--Augusta, City of; extend corporate limits ------_--------.__._....._.677, 771, 846, 878, 1398
HB 1077--Richmond County; Commissioner of Roads and Revenue advertise bids ...--------___.__.677, 771, 846, 878, 1398
HB 1078--Augusta, City of; extend corporate limits ----------__------.__--677, 771, 847, 880, 1398
HB 1079--Cordele, City of; increase corporate limits ----_--------_------------.677, 771, 847, 884, 1398
INDEX
1595
HB 1080--Pulaski County; create office tax commissioner ..._-____.........._____...-.--___.....678, 771, 847, 881, 1398
HB 1081--Baker County; amend act creating Board
Commissioner Roads and Revenues...-----678, 771, 847, 879, 1399 HB 1082--County Board; certain counties, compensated
out of school funds ______._....._.____.....___.__.......__.678, 772, 847, 880, 1399 HB 1083--Baker County; Board Education
compensation ........___.___..._____...__......___.......__...678, 772, 847, 881, 1399
HB 1084--Taxes; exempt certain colleges, curches, etc. ----------------678, 772
HB 1085--Toccoa, City of; establish
corporate limits ,....._._______......_____.....____.....__678, 772, 847, 881, 1399
HB 1086--Sales Tax; exempt religious groups ._.__.__...
678, 772
HB 1087--Vernonburg; amend charter ........ 679, 772, 847, 879, 1259, 1337
HB 1088--Ball Ground, Town of; amend charter....._679, 772, 847, 878, 1400
HB 1089--Cherokee County; relating to
Tax Commissioner ........._____...___._......____.....__679, 772, 873, 899, 1399
HB 1090--Cherokee County; change salary of
certain officers ........._...,,_._..._ 679, 772, 873, 900, 1399
HB 1091--Waleska, Town of; amend
act incorporating ____________________-_--.___________..679, 773, 847, 883, 1399
HB 1092--Cherokee County; increase membership
county authority ---._----__.-_-.,,_-- 679, 773, 847, 879, 1399 HB 1093--Holly Springs, Town of; amend
act incorporating ____._...._-...-______.-.-.__.._..-..679 ( 773, 847, 879, 1399
HB 1094--Woodstock, Town of; amend act incorporating ____._......-_.____..._..-___..._..__680, 773, 847, 883, 1399
HB 1095--Canton, City of; establish ward system_-__680, 773, 847, 880, 1400 HB 1096--Lawrenceville, City of; adding
additional territories ......_____........____......_.___680, 773, 847, 880, 1400 HB 1097--Macon City Court; amend act creating __.680, 773, 847, 880, 1400 HB 1098--Bail; affidavit required for .....____........_____......______....____.......680, 767
HB 1099--Savannah, City of; amend act incorporating ....._____........._.___.......___.....680, 773, 847, 881, 1400
HB 1100--Savannah, City of; amend charter relative to police court .._......._.____.-.......-._-____..-._______.....-.___.680, 773, 847, 882
HB 1101--Cigars, Cigarettes, Tax; amend act -______....-__-..........__._-..680, 773 HB 1102--Uniform Narcotic Drug Act; amend
act relating to .........._.___._-._.....-.._-_-..-....-..___681, 774, 845, 1074, 1159
HB 1103--Moultrie, City of; extend corporate limits ......_..-__._..-.......__.__-_...-__._._.681, 774, 847, 882, 1400
HB 1104--Forest Park, Town of; amend act incorporating ..........^....-.........................eSl, 774, 872, 901, 1400
HB 1105--Optometry; amend act defining .....____......._...__.........__.._......__681, 774
HB 1106--Tax, Property Not Returned for Taxation; penalty of 10% ............._..__._.......-___..606, 681, 774, 849, 884, 1400
HB 1107--Tax Executions Settled Without Sale; fee for ___...._.__-...._..681, 774
HB 1108--Rome Judicial Circuit; terms of Superior Court .______,,____._..--_______..---____..--.681, 774, 847, 882, 1400
HB 1109--White County; create Board of Commissioner Roads and Revenues ....,,._...___......_____. 682, 774, 847, 882, 1259, 1361
HB 1110--Board of Education; prescribe duties, encourage attendance _._.___.______.___...._._.._._....___.__________________762, 849
HB 1111--Tifton, City of; redefine corporate limits ,,-_____.____--~_____-~_-_._-...-762, 849, 872, 901, 1400
HB 1112--Tifton, City of; amend charter ._-......._.._763, 849, 872, 901, 1400
1596
INDEX
HB 1113--Augusta, City of; abolish certain courts ------___,,,,----__..._._....___._.----.763, 850, 872, 901, 1401
HB 1114--Soperton City Court; provide for compensation _------..__.._..__________.___.___.___-763, 850, 871, 902, 1401
HB 1115--Treutlen County; relating to Tax Commissioner --------------------------763, 850, 871, 902, 1401
HB 1116--Treutlen, County of; certain officials salary ......_.......................................763, 850, 872, 903, 1401
HB 1117--Sheriffs; certain counties-- fee system in Superior Court _____________________________________.____763, 850, 872, 905, 1401
HB 1118--Game and Fash; Hunting and Fishing Licenses; require license salt water __________,,______________________,,.,,..--__....--_764, 851
HB 1119--Justice Courts; abolish certain counties ..................._.............____.____._764, 851, 872, 905, 1401
HB 1120--Fulton County; supplement salary judges Superior Court _,,,,--------------------764, 851, 872, 905, 1401
HB 1121--Zoning Planning Ordinances; in certain counties ____..-..._.............................765, 851, 872, 905, 1401
HB 1122--University of Georgia; admission of students, age .-------765, 851 HB 1123--Year's Support; distribution of property ......____._____765, 851, 1005 HB 1124--Dallas, City of; amend act
incorporating ---------- _....------------765, 851, 872, 906, 1260, 1331 HB 1125--DeKalb County; salaries of
elective officials ----------.___,,------765, 851, 872, 906, 1259, 1266 HB 1126--DeKalb County Civil Courts; amend
act establishing _____________...................._766, 852, 872, 907, 1259, 1267 HB 1127--Doraville; redefine
corporate limits _________.___._................766, 852, 872, 909, 1260, 1268 HB 1128--Glennville, City of;
amend charter ----------------_-____--_--___--__._._.766, 852, 872, 909, 1401 HB 1129--College Park, City of;
prescribe limits __,,__,,---------------------766, 852, 872, 909, 1401 HB 1130--Pineora, City of; incorporate ----------841, 875, 1005, 1016, 1401 HB 1131--State Insurance Fund Commissioner; create ______,,_____.___.__. 841, 875 HB 1132--Alma, City of; amend charter ----..--842, 875, 1005, 1014, 1402 HB 1133--Atlanta, City of; amend charter --------842, 875, 1005, 1015, 1402 HB 1134--Judges Court of Appeals; coverage under old
age survivors insurance ,,__._..__.__.._________.___..__.----.---------- 842, 875 HB 1135--Georgia Seed Law; redefine plant, prohibit
misrepresentation, etc. __________________842, 868, 875, 1026, 1083, 1456 HB 1136--Atlanta, City of; amend charter --------------842, 875, 1006, 1014 HB 1137--Zoning Planning Ordinances; certain
municipalities enact ,,,,_.------__----------842, 875, 1005, 1016, 1402 HB 1138--Clarke County City Court; amend
act establishing _--------------------------842, 876, 1005, 1015, 1402 HB 1139--Middle Judicial Circuit; abolish fee
system superior courts ----_.._..__.__._.___._... 842, 876, 1005, 1016, 1402 HB 1140--Quitman, City of; amend charter ..........843, 876, 1005, 1017, 1402 HB 1141--Municipal Corporations; taxes for ordinary
current expenses ....,,..,,...._.--------------------843, 874, 876, 877
HB 1142--Bowdon, City of; elect recorder, fix compensation __________...........................843, 876, 1005, 1016, 1402
HB 1143--Civil Service Board in Fulton County; amend act creating ___..--------------------843, 876, 1005, 1017, 1402
HB 1144--Wrightsville, City of; change corporate limits ----------____._...__.__------.-_______844, 876, 1005, 1402
INDEX
1597
HB 1145--Atlanta, City of; amend charter relating
to legal holidays _______.___._______________.844, 877, 1005, 1014, 1015, 1260
HB 1146--Fulton County; former employees qualify for
retirement benefits __..__.________________.._.._______________.___844, 877, 1005, 1402
HB 1147--Spalding, Town of; repeal
act incorporating ._______._______________863, 1007, 1015, 1096, 1101, 1456
HB 1148--Douglas County; repeal act providing
for zoning ________________.__________________..___________863, 1007, 1096, 1101, 1456
HB 1149--Savannah, City of; closing of
registration books ._______________,,--___________._____________864, 1007, 1096, 1101
HB 1150--Clerk of Superior Court in Certain Counties;
salary in lieu of fee _________.___________,,___. _____864, 1007, 1096, 1102, 1456
HB 1151--Statesboro City Court; amend
act creating __________________________________ 864, 1007, 1096, 1102, 1102, 1457
HB 1152--Clarke County; Commissioner of Roads and
and Revenue; amend act creating _____ 864, 1007, 1096, 1102, 1457
HB 1153--Town of Sugar Hill; provide for levy of
ad valorem taxes ____________,,,,...._..__________... 864, 1008, 1096, 1102, 1457
HB 1154--Bartow County; amend act creating Commissioner
Roads and Revenue _.,,_._.._ 864, 1008, 1096, 1102, 1457
HB 1155--Fire Department Certain Cities; provide for
pension, amend _____________________________,,,,_____ 864, 1008, 1096, 1103, 1457
HB 115C--Atlanta Fulton County; establish local
education committee ____________-_______864, 1008, 1096, 1103, 1365, 1387
HB 1157--Rome, City of; define rights
powers municipality __._.__.._..________........__865, 1008, 1096, 1103, 1457
HB 1158--Atlanta Judicial Circuit; abolish fee system Superior
Court, Solicitor General ______________________ 865, 1008, 1096, 1103, 1457
HB 1159--Macon, City of; amend act relating to
Recorder Court
.
.865, 1008, 1096, 1104, 1457
HB 1160--Macon, City of; change compensation __________________ ________.....__865, 1008
HB 1161--Haralson County; additional terms
Superior Court _________ 865, 1008, 1096, 1104, 1457
HB 1162--Bremen, City of; tax for education ____ 865, 1009, 1096, 1104, 1458
HB 1163--Bremen, City of; authorize improving
of streets _______________________...___._____________..______865, 1009, 1096, 1104, 1458
HB 1164--Bremen, City of; change hours for
holding elections ,,,__,,_.,,__________..____..__________ 866, 1009, 1096, 1105, 1458
HB 1165--Haralson County; create office
tax commissioner _._____________________.___________.866, 1009, 1096, 1105, 1458
HB 1166--Macon, City of; amend charter _____._.__866, 1009, 1096, 1105, 1451
HB 1167--Stephens, County of; amend Board Commissioner
Roads and Revenue ____________....,,___________-. 866, 1009, 1096, 1105, 1451
HB 1168--Oil in Georgia; bonus for first oil well _________ 866, 1007, 1009, 1014 HB 1169--Blue Ridge, City of; change ad valorem tax rate
may be levied __,,,,__._._. 867, 1009, 1096, 1106, 1451
HB 1170--Fannin County; amend act creating Commissioner Roads and Revenues ___,,__-_. 867, 1010, 1096, 1106, 1451
HB 1171--Blue Ridge, City of; limit ad valorem tax ___._....._.__________....-......._._.____._____....-.._.___.867, 1010, 1096, 1106, 1451
HB 1172--Blue Ridge, City of; limit maximum ad valorem tax rate .....______________._......._._________________.__..__867, 1010, 1096, 1106, 1452
HB 1173--Kite, Town of; amend act incorporat ing _.___._.....,,.._____________,,_.....__.____________.___._...___ 867, 1010, 1096, 1106, 1452
HB 1174--Fishing in county of residence with worms, cut dead bait ______,________________________.__._.______._.___________.____________________867, 1010
HB 1175--Board Pardons and Paroles; provide information __.......... 867, 1010
1598
INDEX
HB 1176--Catoosa County; amend act creation commissioner Roads and Revenue ------------------867, 1010, 1096, 1107, 1452
HB 1177--Wrightsville City Court ....----------------------1003, 1098, 1224 HB 1178--Georgia Public Service Commissioner;
right of eminent domain --------------------_.__----------1094, 1223
HOUSE RESOLUTIONS
HR 9-7b--Thulia Lindsley; compensation ____--_____------869, 1023, 1396 HE 10-7c--Miles V. Golden; compensation ..........------______ No Action in 1958 HR 16-18a--A. W. Tidwell; compensation .............._____------.----.-869, 959 HR 28-71a--Political Subdivision; incur debts ...------_.__ No Action in 1958 HR 35-93a--J. J. Dollar; compensation ........----...------_____No Action in 1958 HR 36-93b--Ad Valorem Tax Exempt; certain
employees ____..------__-______--_------------.----------No action in 1958 HR 54-148a--Mineral Study, etc. in Public Schools .--------------.--...67, 685 HR 57-148d--E. A. Windham; compensation ........--------__No Action in 1958 HR 58-148e--Clemon Odom; compensation ----------------------869, 959, 1396 HR 59-148f--J. S. Clements; compensation ....._.----_----No Action in 1958 HR 73-207a--Mr. & Mrs. McCurdy; compensation --------No Action in 1958 HR 76-240a--Peace Officers Annuity & Benefit Fund;
investigate .......--.._____________------------------_ No Action in 1958 HR 78-240c--Peace Officers Annuity Benefit; committee
to study ._------------_-------------------__----No Action in 1958 HR 83-260a--Hubert L. Dyar; compensation --------------No Action in 1958 HR 84-260b--State Income Tax; exempt school teachers ....No Action in 1958 HR 88-269a--Jekyll Island; create committee to
investigate .__._______--_--------------------------------No Action in 1958 HR 94-275a--Motor Vehicle Exempt State and County
Ad Valorem Tax __.__._......----------------------._----No Action in 1958 HR 104-320a--Mrs. Christine Howell; compensation _.____..No Action in 1958 HR 108-339a--T. W. Clift; compensation ...------..----------No Action in 1958 HR 113-352a--Alexander J. Horak; compensation .....----__.No Action in 1958 HR 119-356a--School Property; insure 90% market
value ______________..........._...._.________--_____------------.No Action in 1958 HR 121-373a--Members General Assembly;
compensation ____-_----------------.___----_------. No Action in 1958 HR 122-373b--Board Education Members; Towns, County
stagger terms ______.____.----------------------_-__.No Action in 1958 HR 123-373c--Johnson County; elect Board Education
members _--__----_______-------.--..--------------------No Action in 1958 HR 128--Jekyll Island Authority; to appear --------------No Action in 1958 HR 131-398c--Sales Tax; commission to study _.._...--------No Action in 1958 HR 138-412b--David Norman; compensation --------..___....767, 776, 939, 1396 HR 142-429b--State Board of Education; scholarships
for teachers --___--.....----_--__----------------212, 216, 585, 1113 HR 143-432a--Corporations, etc.; interim committee
investigate .----.----_____----------------------------No Action in 1958 HR 152-474c--Deer Hunting in Certain Counties ----------No Action in 1958 HR 153-474d--Dogs; facilities, used apprehending
lawbreakers ------------------------------------.--No Action in 1958 HR 158-503a--Mrs. V. B. Ford; compensation ___.----..----No Action in 1958 HR 159-505a--Chester H. Jones; relieve as surety --------.----_____1065, 1454 HR 162--State of Israel; oppose sanctions against ._----------------------.197 HR 164-519a--School Lunches; extend power to tax ----.617, 620, 1051, 1453 HR 165-519b--School Lunches; County to tax for ----....617, 620, 1054, 1453
INDEX
1599
HR 169-526c--David Tanner; compensation ______------469, 560, 1260, 1340 HR 170-529a--E. Frank Hancock; and State employees
contacting TB ----------------_.---------------------- -- .21, 209 HR 171-554a--Commission to Study Financing;
additional devices _________-------------------------No Action in 1958 HR 173-554c--Alice A. Moody; compensation _________________.No Action in 1958 HR 175-554e--Baldwin County; convey certain property -...No Action in 1958 HR 176-554f--Milk; school system program to furnish
milk -------------_._--------_----------......... No Action in 1958 HR 177-554g--Funds; allocated to counties, etc.,
General Assembly ---------______________________...._..__.No Action in 1958 HR 181-561a--Highway Maintenance Crews;
working hours __________________________________________.-----....No Action in 1958 HR 182-561b--Teacher Certification, etc.; investigate ----No Action in 1958 HR 184-567a--Freddie Youngblood;
compensation _._____._.____._.._______ -.....---469, 479, 561, 1114, 1235 HR 192-578a--Atlanta Farmers Market; disposition of .......No Action in 1958 HR 195-588a--Mr. and Mrs. Lynn Daniel; compensation........776, 939, 1396 HR 196-596a--Atlanta, Fulton; study committee problems tax No Action in HR 196-596a--Atlanta, Fulton; study committee
problems tax _------------------__--------__----..No Action in 1958 HR 198-610b--Archie L. Simmons; compensation----...----469, 479, 562, 1113 HR 199-616a--Stephens County; Governor convey certain
land ------...--------_.--------------..----------------.No Action in 1958 HR 205--Teachers Retirement System; employers
contribution _.......---_._.._.._.--.__.._._.--__._._.___...-.._...No Action in 1958 HR 208-619a--General Assembly; change procedure meeting
consider legislation -------------------------- No Action in 1958 HR 219--Mental Hospital; committee to study..--------_._----No Action in 1958 HR 220-622a--Future Governors; succeed themselves........... No Action in 1958 HR 221-622b--State Senate; members, six years _~~_.._... No Action in 1958 HR 235-625a--Horace A. McCullers; compensation .------.....No Action in 1958 HR 238--Notify Senate House convened ------------_------_____._______----_______9 HR 239--Joint Committee; notify Governor ______--------------------___________9, 19 HR 240--Joint Session; message from Governor ----__.._.______________--... 9, 19 HR 241--House Attaches --__..____..----______.._.___________________________________....... 10 HR 242--House Rules; amend ----------------_......_--........_.--....12, 21, 37 HR 243-635a--Georgia Forestry Commission; pay
compensation W. Guy Pannell __..._....----......----.._.------.18, 49 HR 244-635b--J. W. Cole; compensation ...----..........----.......--.._........--18, 49 HR 245-635c--Bridge; name for Frank G.
Birdsong _______________________________----.._... 18, 49, 309, 334, 685 HR 246--Gifted Child; increase educational advantages 19, 49, 121, 197, 467 HR 247--H. R. 4, 1957 Session; amend ......._------------------------_----......19 HR 248--Hon. Richard L. Rouderbush; invite, Joint Assembly----..19, 68, 84 HR 249--American Mercury Magazine; commending ._,,____._.._.._--________20 HR 250--Marcus Bartlett; invite, show film .....__--....----....--------.20, 66 HR 251-662a--Wilkes County; constitutional amendment
Board of Education ..----.._..------....._........--45, 64, 122, 136, 628
HR 252-662b--Schley County; constitutional amendment Board of Education ___----------------___--.46, 64, 122, 150, 417, 1454
HR 253-662c--Tax; authorize to promote county industries ________--.46, 64
HR 254-662d--County School Superintendent; constitutional amendment, appoint _--.--______,,--______________________46, 64, 470, 1057
HR 255-662e--County Board of Education; constitutional amendment, election ______----_____,,,,,,,,----_,,____..__. 46, 65, 767, 1173
1600
INDEX
HR 256-662f--Busses; authorize county, etc. to
purchase __________________________.__.____--------------------46, 65, 307, 643, 1113
HR 257-662g--Clayton County; issue bonds _____________._______46, 65, 122, 139, 628
HR 258-662h--Farmers Market; Hazlehurst Transfer to Jeff Davis
County Board of Education ______________--------47, 65, 474, 568, 930
HR 259-662i--Pierce County; elect members Board
of Education __._._.....____._..__..____.._.._._
47, 65, 122, 152, 628
HR 260-662J--Stovall Motor Co.; compensation.............^?, 65, 613, 935, 1396
HR 261-662k--Mrs. Josie M. Newman; compensation.--------..47, 65, 469, 1113
HR 262-6621--Mrs. Miller Braxley; compensation.----------------------....._..47, 65
HR 263-662m--Milledgeville State Hospital; rights
State Merit System ________...------------------47, 65, 474, 1079, 1454
HR 264--Hamilton N. McWhorter; deploring illness ___.__._.----..---..--_--.---.-. 49
HR 265--Brigadier General J. R. Ranck; commending ___...............______,,. 50, 78
HR 266--State Highway Board; Joint Session, elect member of.---61, 79, 87
HR 267--Central of Georgia, Port; appoint joint committee, study
purchase of __--..------__________.____--__------------------54, 66, 79
HR 268-687a--Colleges; certain political sub-divisions
establish _____________________----__------------59, 77, 270, 727, 1113
HR 269-687b--Bartow County; people elect school
superintendent ..__......._.....--__._............._......------60, 77, 122, 141, 857
HR 270-687c--Construct Building storing
records, etc. ............................_------______.._.60, 77, 213, 441, 859, 978
HR 271-687d--Georgia Hall of Fame; place 2 busts
Georgia Signers Constitution ....._..______....______ 60, 77, 309, 555, 930
HR 272-687e--Liberty County; elect members Board of
Education _____________________________--------......60, 77, 122, 155
HR 273-687f--Quitman County; elect members Board
of Education .----._.----...--..------.----....--------__...._.--60, 78, 122, 144
HR 274-687g--Liberty County; create Industrial
Authority ..------......--------________________60, 78, 122, 158, 1454
HR 275-687h---Mclntosh County; Board of Education --------60, 78, 122, 146
HR 276-687i--Gilmer County; members Board of
Education _______.___,,__,,._----............._..--.--._--. 61, 78, 122, 160, 629
HR 277-687J--State Highways; clear right of way all obstacles.---61, 78, 173
HR 278-687k--Motor Vehicles; Department of Public Safety to
compile all laws relating to _____________--------------61, 78, 173
HR 279-702a--Hall County; establish fire prevention
districts ...................--.........--.--...------------------72, 768, 790, 1245
HR 280-702b--Robert K. Price Co.; compensation ____.____.____73, 470, 559, 1114
HR 281-702c--John Henry Chapman; compensation ..------73, 470, 565, 1114
HR 282-702d--Wilma Hulsey Dorsey; compensation ------------------------73
HR 283--Marion County High School Band; inviting to give concert.--_____66
HR 284--Dean Murray; inviting to address Joint Session _______66, 79
HR 285--Committee Studying Industries in Georgia;
compensation extended ------------------------------------_________.67
HR 286--Stone Mountain; Joint Commission, to study
purchase _____--------------------------------.68, 94, 102, 109, 209
HR 287-703a--Coffee County; convey certain property ........73, 474, 569, 930
HR 288--Game and Fish Committee; inspect coastal
facilities ______----___----__--____--____.__--------------79, 269, 273, 292
HR 289--Election Laws; study committee appropriate funds --------------79
HR 290--Amend House Rules 152 and 153 ----------------------SO, 691, 702, 969
HR 291--Dean Marshall H. Brucer; invite to address General Assembly ------------------------------81, 164, 816
HR 292--E. L. Forrester; invite to address General Assembly ________._81, 164
INDEX
1601
HR 293--Marion Folsom; invite to address General Assembly _________.._-82, 164 HR 294--Favorable Industrial Climate for Georgia;
preservation and improvement of __------__----------------------83 HR 295-JR1--John E. Quillian; elect member State Highway Board--_----89 HR 296-JR2--George Mathews; elect member State Highway Board-------92 HR 297-744a--Mrs. Christine Howell Ivie;
compensation __--_____----------__-----------101, 127, 687, 935, 1396 HR 298-744b--Mrs. W. F. Manley; compensation ......101, 127, 470, 566, 1114 HR 299-744c--Voters; change qualification, registration ----........---101, 127 HR 300-744d--Polk County; Board of Education,
borrow funds __------------_.----_.--------._____102, 127, 172, 190, 392 HR 301-744e--Mrs. Ettean Brown Sullivan;
compensation __.._._-----------__-.--.......102, 127, 767, 939, 1397 HR 302-744f--Mr. Sim Brown; compensation ------102, 127, 767, 935, 1397 HR 303-744g--Henry County; members Board of
Education -------.._._.---------------.........102, 127, 172, 192, 392 HR 304-744h--Mr. Elias Pink Griswell;
compensation __________--------------__----.102, 127, 613, 935, 1397 HR 305--Censuring President; enforcing integration Little Rock .......106, 200 HR 306--Mayor Hartsfield; regarding NAACP -----....-.--------------107 HR 307--Hon. F. H. Stills; express regret passing of -- .._...-..._.____..__._.. 107 HR 308--Hon. Herman Talmadge; invite address Joint Session .... 108, 201 HR 309--Honorary Pages; providing for ._....----------...--------------..... 108 HR 310-772a--Hall County Superior Court; state furnish
certain law books ------------------------..--117, 176, 213, 221, 467 HR 311-772b--Hoyt Wehunt; compensation ----.----117, 176, 470, 567, 1114 HR 312-772c--Pickens County; elect members
Board of Education _______.-_----------__________----118, 176, 213, 221 HR 313-772d--Emeritus Justices; Judges preside in
other courts -----......------------------...118, 176, 307, 662, 1114 HR 314-772e--Telfair County; State convey
land to --------------------------.-.---118, 176, 474, 570, 1000 HR 315-772f--Elbert County; elect members
Board of Education ------....--------------------- ..118, 177, 213, 224 HR 316-772g--E. C. Prather;
compensation ----------------------118, 177, 869, 1024, 1391, 1403 HR 317-772h--Franklin Truelove; compensation --.118, 177, 613, 936, 1397 HR 318-772i--Chandlers Variety Store; compensate --------------.-118, 177 HR 319-772J--E. A. Windham; compensate -- _._.____--__._____----________ -- 118, 177 HR 320-772k--Raymond Blizzard; compensate ---119, 177, 613, 940, 1455 HR 321-7721--C. A. Mobley; compensate ----------...-119, 177, 613, 940, 1397 HR 322-772m--Houston County; elect members
Board of Education ----.....----------------119, 177, 213, 228, 629 HR 323--Insurance Law Revision Committee,
create ------------------.....---------109, 474, 479, 658, 1085, 1131 HR 324-773a--Whiskey; tax and allocate funds ...--.---------------119, 177 HR 325-773b--William H. Beall; compensate ....-....-119, 177, 613, 936, 1397 HR 326-785a--Captain Henri Wirtz; repair
monument of --.....-----------------------....-- 169, 214, 417, 1163
HR 327-785b--Georgia Hall of Fame; place plaque --------------------.-........---------170, 214, 417, 952, 1397
HR 328-785c--Georgia Hall of Fame; busts of seven in ...._________________ . ...-------------170, 214, 417, 953, 1397
HR 329-785d--Barratry, etc.; joint committee investigate, etc. ---------------......_..170, 214, 770, 1154, 1434, 1439
HR 330-785e--Cartecay River; bridge across ----170, 215, 846, 884, 1453
1602
INDEX
HR 331-785f--Confederate Army; obtain records ...170, 215, 417, 958, 1395
HR 332-787a--City of Marietta; Board lights and
water combine ----------_..--------__.....------171, 215, 249, 253, 629
HR 333-787b--Fulton County; State sell
property to ........_..._--------...._.------..171, 215, 474, 573, 732, 1245
HR 334-789a--Crooked River State Park easement to
U. S. Government _._.._..--._._------_------..__..._----171, 215, 474
HR 335-789b--Issuance Bonds, etc.; public agency prohibited--171, 216, 388
HR 336--Middle Georgia College; inviting ensemble play for House...... 195
HR 337--Gov. Griffin; joint session January 27 to hear ..................195, 237
HR 338--Tobacco acreage allotment to 1956 level .__._.______.-------- 195, 258
HR 339-806a--Freeman B. Roberts; compensate----211, 251, 613, 936, 1395
HR 340-806b--Georgetown; conveyance of certain
property to
_______
212, 251, 474, 572, 857
HR 341-806c--Koinonia Farms; interim
committee _ . .____ ---- 212, 251, 689, 825, 944, 1245
HR 342--Hon. W. K. Smith; granting leave of absence ------------.--.......235
HR 343-827a--James H. Edwards; compensate ----247, 272, 613, 936, 1395
HR 344-827b--Grady Emmitt Burgess;
compensate ------ --______--------.___..___. 248, 272, 844, 937, 1395
HR 345-827c--Lovett White; compensate ..............--248, 272, 613, 941, 1395
HR 346-827d--W. J. Wilkerson; compensate ..........248, 272, 613, 941, 1395
HR 347-827e--Lumpkin County; funds hardship cases
for school ------------.__.-. 248, 273, 470, 580, 621, 746, 1252, 1260
HR 348-827f--Sidney Lanier Bridge; annual
toll rates ...__._..__._______----------..____.__----------........248, 617, 824, 1245
HR 349-838a--Legislature; study fact finding service
other states -------__.____.___..---- ................. .266, 311, 693, 1150
HR 350-838b--Mr. John Green; compensate --------.__.._.._.------------266, 311
HR 351-838c--Baldwin County; levy tax for
promoting industry _________________------.............266, 311, 343, 351, 629
HR 352-838d--D. D. Whitman; compensate ----....266, 311, 1095, 1139, 1455
HR 353-838e--Dr. Jack W. Jones; compensate----267, 311, 1004, 1140, 1455
HR 354-847a--Colquitt County; collect business tax .268, 312, 343, 353, 629
HR 355-847b--James S. Bonner, Sr.;
compensate _----_.._.,,--___------.------_._.__------268, 312, 687, 937, 1395
HR 356-8470-- Lt. Charles H. Cox, Jr.;
compensate __._._.._..._----------____..___..------- __268, 312, 687, 937, 1395
HR 357--Federal Civil Service System, 75th Anniversary;
relative to ...._------_------....._______------------________._----------261, 320
HR 358--Statewide Juvenile Court; committee to study feasibility..........275
HR 359-874a--East Point, City of; govern authority
expend public funds __.._____.-..------------.....303, 346, 472, 509, 857
HR 360-874b--East Point, City of; issue sell
revenue obligations ___.----------_----_._____.----303, 347, 472, 511, 857
HR 361-874c--American News Company;
compensation __...__.,,._._...__.._.----------------_. 303, 347, 767, 937, 1395
HR 362-874d--Douglas County; issue bonds
road purposes ........................--------___..___..._ .303, 347, 472, 513, 857
HR 363-874e--Bibb County; create abolish
governments ------______._..._.------_____________.....303, 347, 472, 515, 857
HR 364-874f--Wayne County; elect Board of Education
by the people .............._......----.--------..........304, 347, 472, 520, 857
HR 365--Boats Inland Waterways; committee study operation _...--------293
HR 366--Financing additional services; joint commission to
study method _------------___....._....----------_____-.__._--------._..... 294
HR 367--Petroleum Industry Industry in Georgia; committee study ----.295
INDEX
1603
HE 368-877a--Turner County; elect Board of Education __..__.______________________________________...._____.__304, 347, 473, 523, 857
HR 369-881a--Peace Officers; levying taxes for retirement __.__________.....__________.305, 348, 416, 616, 962, 964, 1396
HR 370-881b--Mr. Alexander J. Horak; compensation _________..____.____._305, 348 HR 371--Dr. Ross A. McFarland; invite address
General Assembly _-....-.-._-_..-.....-._._...___.___--.-.....___....._____.....322, 392 HR 372--Livestock Slaughtered in State; inspection ___._----__----_.--..--_.322 HR 373--Hog Cholera Eradication __________________.__._____________.-.-.-._-...______-__.323 HR 374--Federal Excise Tax on Passengers and
Freight; repeal of _______._._..________.._.______________324, 617, 621, 827, 1000 HR 375-894a--State Farmers Market; improvement ,,._-___,,__..______..--.338, 394 HR 376-894b--A. H. Tuttle; compensation .-....-........._...__...--______--_____-339, 394 HR 377-894c--W. W. Richardson; compensation .._____..___.......____.....___..339, 394 HR 378-894c--Bacon County; election Board
Education members .._..__-__.___..........______.___.__.339, 394, 473, 526, 857 HR 379-894e--Lowndes County; Board Education
members .....__._______.........___.__...........___.339, 394, 473, 530, 1260, 1289 HR 380-894f--Lumpkin County; issue bonds
school purposes ...___________._,,....._____..........____.339, 394, 473, 535, 858 HR 381--Dr. M. D. Collins; commending .._.-....,,..._..._______._--.__327 HR 382-909a--Fulton County; buy land State Property
Committee ____-__-......-___-......-.._,,.___---.--.-.__-..-..-_-. 342, 396, 848 HR 383-909b--Liberty County; buy certain land from State.--.342, 396, 848 HR 384--New York Area School Difficulties; expressing regret __..--...357 HR 385--Miss Jean Carter; request to appear _________________________________________376 HR 386--Hon. Louis C. Wyman; invite to address
General Assembly _______-...._,,.___......-.-._.____..._,,..-..___--_..376, 425, 1026 HR 387--W. Chester King; name elementary school for _______,___________________377 HR 388--William R. Smith; name St. Marys school for ..._._______.............388 HR 389-940a--DeKalb County; Commissioner Roads and
Revenue enact ordinances ....,,___--_----_______.385, 421, 474, 537 HR 390-940b--Albany Dougherty; payroll
development authority _-_____,,___.__..----__,,_ 386, 421, 474, 540, 858 HR 391-940c--W. M. Thomas; compensation ..386, 421, 767, 937, 1391, 1409 HR 392-940d--Washington County; elect members
Board of Education ___._______.__--------_..--_____386, 421, 474, 543, 858 HR 393-942a--Olyn Evans; compensation _____________________............386, 421 HR 394-944a--Youth Honor Day; designate
October 31 as ___.............._.._______..............__.__.387, 422, 617, 950, 1455 HR 395--Milledgeville State Hospital; request presence
of performers from _----...,,.__.---------..........,,____.--.--......._.._.__.___402 HR 396--Central Presbyterian Church; congratulate
on centennial __............._______..................___.___............_____..__._......407, 467 HR 397--Increase Insurance Rate; study committee
reason for ............__._._...........________................._..___.__..408, 475, 480, 588 HR 398-968a--Hart County; 8 members Board
of Education ._..._....___-.-.-.-.__.._-__.-..--......-..____415, 477, 690, 708
HR 399-968b--Motor Vehicles; subject to only license tax _________415, 477, 617
HR 400-968c--Warren County; convey property to Mrs. English ........____-_-......_..____-__-................415, 477, 692, 824, 1245
HR 401-968d--Bridge; designate as Cuyler Adams Bridge ___._.......___-........_.._.____~_......_.415, 478, 616, 626, 1245
HR 402--Biltmore Hotel Management; express appreciation to ......427, 629
HR 403--March of Dimes; proposing basketball game General Assembly for _________________________________._-_..--..................._. 427
1604
INDEX
HR 404--Adopt portions code annotated part official code --------------------_----------_-----451, 614, 822, 1453
HR 405-1005b--Baldwin County; convey
certain land ------------------------------451, 502, 506, 508, 752, 999 HR 406-1005c--Atkinson County; abolish elective office
school superintendent _________________________________ 451, 506, 690, 711, 1000 HR 407-1005d--Baldwin County; governor sell surplus
property in ----------------______________________________________.____________451, 506
HR 408-1005e--James W. Ray; compensation 452 506, 869, 959, 1272, 1339
HR 409-1005f--Habersham County; Governor convey
certain land in ---- -.--------------------.452, 506, 692, 836, 1245
HR 410--Trinity Church Plan Foundation; commend founders -----494, 629
HR 411--Increased Insurance Rates; study committee
matters relating to ___________________________.,,_,,_______________________,,___.___________ 494
HR 412-1027a--General Assembly; change terms, compensation-----500, 620
HR 413--William A. Cetti; expressing sympathy to family ------------.551
HR 414-1044a--Warren County; furnish reports Superior Court and
Court of Appeals ------------------------ 606, 695, 769, 789, 1246
HR 415-1044b--Carroll County; tax for and support rescue
squad ..__._.._._._....,,_________._.........___.___.....__.___._._ 607, 695, 769, 792, 1246
HR 416-1044c--Hall County; elect members Board of
Education
_..
--.
,,_ .607, 695, 769, 794, 1246
HR 417-1044d--Dr. Horace G. Joiner; compensation 607, 695, 844, 938, 1396
HR 418-1044e--Terrell County Developing Authority;
create -----------------------------------607, 695, 769, 797, 1246
HR 419-1044f--Mrs. Blanche Phillips; compensation 607, 695, 868, 942, 1396
HR 420-1044g--Newton County; state convey certain
window -----.-.---------.-------.-......-..607, 695, 769, 789, 1246
HR 421--Judge George Wallace, Clayton, Ala.; invite to
address General Assembly ,,_------------------------. 573
HR 422--Alma; establishing as emergency capitol city
of Georgia -----.-----------.---------------------574, 854, 948
HR 423--Industrial Potentials; survey of in State ---601, 691, 1172, 1455
HR 424--Hon. Harvey Roughton; deploring illness of ------.----------601
HR 425--Hon. Denmark Groover, Sr.; expressing regret death of --------601
HR 426-1070a--Atkinson County; levy tax promoting
county -...------------------------.--------------611, 698, 769, 801
HR 427-1070b--Genenral Assembly; members change
terms, compensation ...------611, 698, 770, 1059, 1064, 1133, 1169
HR 428-1070c--Fraternity-Sorority Property; exempt certain
property from tax -----------------------611, 693, 702, 965, 1396
HR 429-1070d--C. A. Arnold; compensation to ........611, 698, 844, 938, 1396
HR 430-1070e--Dodge County; law books to -----.-- 611, 698, 769, 789, 1246
HR 431-1070f--Brunswick Port Authority; construct
facilities ----------..-------------- 612, 698, 769, 804, 1252, 1262
HR 432-1070g--State Song ------------------------ ... 612, 691, 702, 816, 1246
HR 433-1070h--Electors; registration, qualifications ___.__......__.__.612, 699, 874
HR 434-1071a--Mrs. Edith Townsend and Mrs. R. Joiner; compensate ___.___.__....._._______...,,_..__. 612, 699, 869, 1023, 1396
HR 435-1071b--Ordinaries Retirement; tax
for paying --
.--
----. 612, 689, 702, 981, 1394
HR 436--W & A RR; authority State Institution and Property Committee, inspect ----------------.----668, 692, 739, 758
HR 437--Motor Vehicles; create committee study taxes, fees, etc. --------------...._______.....___668, 1006, 1013, 1148, 1455
HR 438--Jekyll Island State Authority; commending ------------------670
INDEX
1605
HR 439--Dublin Veteran Hospital; urging support
Congressional Delegates ___________.______.___..___________________________672, 845, 855
HR 440--Hospital in North Georgia area; urging
Congressional delegates to have __________________________672, 845, 855, 1394
HR 441--Zerography and Collating Machine; provide for purchase of----673
HR 442-1109a--DeKalb County; enact ordinance
policing, governing -------------------- 682, 774, 847, 849, 884, 1394
HR 443-1109b--DeKalb County; establish district
sewers, lights ----------------------------682, 774, 847, 888, 1394
HR 444-1109c--DeKalb County; Board Commissioners Roads and Reve
nue, provide system garbage disposal----682, 775, 847, 891, 1394
HR 445-1109d--Mr. Bob Burel; compensation _________ 682, 775, 844, 938, 1394
HR 446-1109e--State Hospital Authority; issue 8 million
dollars Revenue Bond --_--------_---------- --_682, 770, 776, 951
HR 447-1109f--Boll Weevils; provide payment for
eradication --------_--_--------------------682, 775, 868, 1075, 1453
HR 448-1109g--Mrs. C. R. Chesney; compensation ..,682, 775, 844, 938, 1394
HR 449-1109h--John A. Holloway, Sr.; compen
sation ______________________________________------_------_683, 775, 869, 1023, 1394
HR 450-1109i--Brooks A. Bird; compensation......... 683, 775, 869, 1023, 1394
HR 451-1109J--Stephens County; sale of land conveyed
to Sate _----.--------------------------------______----_________683, 775, 874
HR 452-1109k--Mrs. J. Rose and S. M. Rutledge; compensation ...--683, 775
HR 453-11091--Bryant Eaves; compensation .................____________ --------683, 775
HR 454-1109m-- S. M. Rutledge; compensation __.------------------------683, 775
HR 455-1109n--Spalding County; abolish Justice Courts,
Justice Peace, etc. --------------------------683, 776, 847, 894, 1395
HR 456-1112a--Tifton-Tift County Development Authority;
create ----------
_ _--______------------849, 872, 909, 1395
HR 457--General Assembly; adjourn ___----------_,,___.._----____..--------------675
HR 458--Ft. Gaines Lake; change name to Lake
Henry Clay ---- --
_________719, 874, 877, 1088, 1246
HR 459-1117a--Amending Constitution; change provisions relative--_764, 850
HR 460-1117b--Chatham County; limit tax for support
of Education ___._------_________________________________764, 850, 914, 1392
HR 461-1117c--Bridge; designate as Roy Head
Bridge
_ _ _ __......764, 850, 872, 925, 1453
HR 462-1117d--Bridge; designate as Earl Nix
Bridge _----_------------------------------_______764, 850, 872, 925, 1453
HR 463-1117e--Lloyd Tatum; compensation __.__,,._____.______.__.____.__._._______. 764, 850
HR 464--Gen. James Edward Oglethorpe ___.__________.____________________.________________723
HR 465-1120a--Charlie E. King; compensation ______________________________________765, 851
HR 466-1120b--Judges Emeritus; amendment, constitutional,
Atlanta circuit ____________________________________________ 765, 851, 874, 1018, 1455
HR 467--Code Section 38-711; legislative interest__739, 846, 854, 1028, 1453
HR 468--Georgia Magazine; commending ........----------------------------744
HR 469--Herman Talmadge; portrait of ____________________--------------_____744, 1246
HR 470--National Guard; protesting decrease in strength --------_753, 1000
HR 471--Emory Chorale; invite to perform --------------------------------754
HR 472-1129a--Catoosa County; provide for Board Tax
Administrators __,,__------__766, 852, 872, 916, 1365, 1366
HR 473-1129b--White County; funds for hardship cases __________ 766, 852, 1095
HR 474-1129e--Towns County; stagger terms members Board
of Education _______._______._______..........................--------------------766, 822
HR 475--Forest Service; Congress investigate......._833, 875, 877, 949, 1114
HR 476-1142a--Atlanta, Fulton County; Commission Pension
Retirement laws _,,.__.--------_______843, 876, 1006, 1017, 1393
1606
INDEX
HR 477-1142b--Mrs. Susan S. Hale, Mr. Hale; compen
sate ______._._----_.._._____--___._------------__843, 869, 876, 1024, 1393
HR 478-1143a--T. F. Harmon; relieve security on
appearance bond _____.,,__.______________ 843, 871, 876, 878
HR 479--Traffic Safety; committe study .___.__.__.. 855, 875, 878, 1075
HR 480--Economies in State Government; committee effecting _______________ 860
HR 481-1159a--Jefferson Davis Highway; designation
of routes .___._....____._____..___.__________._.____________.865, 1004, 1008, 1013, 1157
HR 482-1165a--Macon, City of; unsafe
buildings ________.______.__.____._________.__________________866, 1009, 1097, 1107, 1455
HR 483-1167a--Charles Barnett; compensation ______.._________________._________.866, 1009
HR 484--Soil Bank; relative to handling of _______________.___._.868, 944, 962, 1246
HR 485--Gold Star Mothers; memorial by ___________________________________________________ 945
HR 486--Leesburg State Farmers Market property; disposition._ 947, 1247
HR 487--Hon. Frank McNall; memorializ4 ng ________________________________._________.._..948
HR 488--Hon. Wm. B. Freeman; commending _.___________._____________________.__________955
HR 489--Juvenile Detention Home; authorizing
funds for _______.______________.__._.___...__________..__.____________..960, 1099, 1152, 1455
HR 490--Hon. Eugene Cook and Drafting Unit; commending ______ 960, 1247
HR 491--Hon. Henderson lanham; memorializing __________________________ 961, 1247
HR 492--General Assembly; increase allowance 873, 965, 1049, 1139, 1141
HR 493--State Owned Property; subcommittee inspect _.__--_ 969, 1099, 1229
HR 494--Georgia Ports Authority; approve report of
committee examine ____-__..._.....____________-.__________._. 970, 1006, 1013, 1138
HR 495--Port Kings Bay, Camden County; commission
investigate leasing __________________ _----__________--_____.,,----__ ----972
HR 496--Natural Resources Committee; relative to...-973, 1006, 1013, 1134
HR 497--Welfare Committee; relative to __..._._._------_,, 976, 1343
HR 498--Permanent Records State; commission plan
construction, building _____..___...___.__________.___._._____.987, 1099, 1162, 1393
HR 499--Joe Boone; expressing regret illness of ___,,.._____.____________.___,,._----1026
HR 500--Hon. Harvey Roughton; extending sympathy illness of--_..._____ 1043
HR 501--Hon. B. G. O'Berry; expressing regret at passing of ______________ _1043
HR 502--Hon. A. C. Smith; wishing speedy recovery for .____________________1049
HR 503--University of Georgia students; committee investigate
additional charges ___.__-__,,_.__.
1089, 1222, 1223
HR 504--Federal Budget reductions; memoralizing congress restore _____1089
HR 505--Police Chief Jenkins and others; commending _______------__.,,__----1090
HR 506--Mrs. Mary Kemp Blanton; regret passing of _______________________.____1091
HR 507--Amendment to budget; request Russell and Vinson to
sponsor _._..--------__._______------____------__,,_,,_----________------_____1091, 1393
HR 508--Hon. Felix Kimmons; regret passing of -- _______----___------1092
HR 509-1178a--W. O. Cagle; compensate ,,__----____..,, ___.__._----1094, 1223
HR 510--Hon. J. M. Medders; expressing regret at passing of _______________1134
HR 511--Wesleyan College; feasibility purchasing original
buildings at __,,----___-__--__------------.___--------_1214
HR 512--Pete Wheeler and Staff, Veteran Service; commending ___________ 1215
HR 513--Wesleyan Conservatory Property; acquisi
tion of ______._.__._----------___---- 1215, 1222, 1224, 1230, 1404, 1426
HR 514--Order of Demolay; relative to ---- ___.___.-___..-------__.1216, 1435
HR 515--Mr. John Patterson & Associates, commending ____,,____----___--1216
HR 516--Department Public Safety; relating to income tax,
members of _______._____._,,____,,.___.___.._-___-___.___-____,,___1217
HR 517--Domestic Relation; committee study family court
plan, other matters ------__________------______-__------__--------_ ..----1218
HR 518--Employment Agencies; interim committee study
private agencies ________________________________________________1229
INDEX
1607
HR 519--Abie Harris, Aide; relative to ___...____....___.....__...._..........._.............1294 HR 520--Battle Flag of Confederacy; relative to ____--___.------__.__.1315, 1454
HR 521--Attorney General, New Hampshire; expressing appreciation _....._--._--_--___--__----_----_----_----_--__._1316, 1454
HR 522--Natural Gas Supply; committee study .-- --..__.__-1316, 1454 HR 523--Southern Bell; expressing thanks to ___--__----_--____,,_----_.____--.1317 HR 524--Personnel and Interim Committees; relative to ..__,,.______......___..1317 HR 525--Bill Parker; commending _.._--_----____----_------.__--__----.1342, 1455 HR 526--Youth Appreciation Week; providing for ______--____--____...._1342 HR 527--Cotton Acreage; condemn Benson policy of removing ___________1376 HR 528--State Officials and Employees pay schedule;
committee to study _____________________________1408, 1417 HR 529--Franklin Truelove; wishing rapid recovery of ___,,._____------.1410 HR 530--S. B. 123; asking Senate to return same to House ,,__--_..--_____1418 HR 531--State Board of Education; commending ------____----_..1421 HR 532--John D. Odom; commending _.------____ --__--.----._..._..._----...1422 HR 533--Loyalty Day Project, VFW; urging House
members cooperate .._.._.__,,---_----___----_----___------______1423 HR 534--Theaters; thanking for kindness to General Assembly ____,,___. 1423 HR 535--Milledgeville State Hospital; committee relative to--...--__--.1423 HR 536--W. H. Kimmons; expressing sympathy to _--_____------__._.__1424 HR 537--University System of Georgia Board of Regents;
commending .....__,,_,,._..._.._..___.. .----___----____--___--_______1424 HR 538--Misleading Hand Bills to Members; committee investigate--.1425 HR 539--Hon. John Sheffield; relative to .----..___...--.........._.._.._....-1435 HR 540--Fulton Delegation; confidence in __________________--___1440 HR 541--Western Atlantic RR; committee investigate --_--___--__ 1442 HR 542--Radio Station WLFA; commending -_------------_____...._--.......1442 HR 543--Sine Die at 7 P.M. __..._...-__.__.-------- .____....----1459
Part IV
SENATE BILLS AND RESOLUTIONS
SB 10--Law Library; certain counties ------_______. No Action in 1958 SB 16--Realty; security for debt open end clause ___,,_------_------..403, 860 SB 29--Primary Elections; regulate in
certain cities _-___._ ----------------_...--------.1221, 1223, 1329, 1450 SB 31--Wills and Administration of Estates _,,--_--_..--_----..1345, 1458 SB 32--Guardians and Wards .__--.......--__.--_--------_----__--_.1378, 1458 SB 33--Ward; capacity to manage his estate ------------------------12 SB 34--Property Deceased Person; conveyances
and encumbrances __----_,,_----.__----___------_------No Action in 1958 SB 36--Dower; repeal act ___----_--.------.----_._..--_----._.----..1388 SB 37--Laws of Descent and Distribution; identify persons entitled ...1236 SB 44--Interracial Sports, Socials, etc.; prohibit __________..___________.______.13, 617 SB 49--Georgia Forestry Commission Pilots; not subject to
Workmen's Compensation Law _------___----------._--___.._----.471 SB 50--Budget Bureau, Finance Commission;
add members -- ..--_--._________--------------------No Action in 1958 SB 52--Voters Registration Act _----._.__------_--------_------__752, 770, 854 SB 53--Foresters Registration; change renewal fee licenses .___._.._______ 1411 SB 54--Atlanta, City of; amend charter _____...._______.--,,___.No Action in 1958 SB 64--Superior Court Reporter Emeritus; amend ___,,_...No Action in 1958 SB 83--Pensions; credit prior service, certain cities...---No Action in 1958 SB 84--East Point, City of; amend charter ___.------ ----..No Action in 1958 SB 91--Proposed Legislation; committee General
Assembly hearings _--,,__-----,,-._..--------------------No Action in 1958 SB 106--Solicitor Generals; coverage Old Age
Survivors Insurance _-_..----.---.--__------_--------------------1362, 1450 SB 107--Insurance Companies; amend act relate licensing _----------__. 1374 SB 120--Advertising With Intent Not Sell; regulate ____....--____..--..307, 326 SB 123--Tax Returns; digests prepared certain
counties .,,________--_______----___,,..,,... 872, 1007, 1225, 1417, 1426, 1428 SB 125--Atlanta, City of; amend; school holidays.--------No Action in 1958 SB 126--Superior Courts; continue beyond term
of court; juries ----..------...._.--.----..------.-- No Action in 1958 SB 136--Chattahoochee County; repeal Board Commissioner
Roads and Revenue _-.----.--_--------,,.--------No Action in 1958 SB 137--Chattahoochee County; compensation
sheriff _____----___--_----_----------______.--------__690, 702, 787, 1450 SB 148--Itinerant Dealer; coal, coke weight certified..---No Action in 1958 SB 151--Taxes, payment of; current year certain
counties ----____--------...----__----___------......No Action in 1958 SB 155--Medical Service, Non-Prof it; specify
kinds medical service ------_---____------___--------205, 411, 836 SB 163--Fulton County; amend pension, provide
additional benefits ____._...------_.__--.__ No Action in 1958 SB 168--Unemployment Compensation; redefine unemployment
compensation .._.-------- ..--___------_..,,No Action in 1958 SB 173--Judge Piedmont Judicial Circuit; provide
expense allowance ------------------...._---------- No Action in 1958 SB 177--Federal-Aid Highway Projects; relocation
utility facilities _.______--------_----_______----...342, 356, 397
INDEX
1609
SB 180--Corporation Act 1938; meetings held
in State __________________________.____.__________.._________467, 492, 506, 870, 1281
SB 181--Coroners, Coroners Jurors, etc.; fees,
salaries, certain counties ,,-.--.._.-........--_.__208, 234, 251, 308, 316
SB 182--Crimes Bailable; other than capital felony _______________389, 398, 422
SB 183--Domestic Relations Cases; conform
procedure in __________________________......--___________389, 398, 422, 471, 1376
SB 184--Superior Courts; change provisions where held ____317, 321, 388
SB 185--Mclntosh County; compensation sheriff,
clerk Superior Court .__-.__.-_____________..--..._._____._.._....._.......208, 234, 251
SB 186--Solicitor General Emeritus and Retirement
Funds; increase benefits ._._._______...--......__467, 492, 506, 770, 1268
SB 187--Garnishment; relative to exemption
of wages from ........................_-.______..............389, 398, 422, 471, 1303
SB 188--Motor Driven Cycle; age limit 16 ...._....468, 492, 507, 1222, 1414
SB 189--Mclntosh County; amend office Tax Commissioner....208, 234, 251
SB 190--Greene County; amend Board Commissioner
Roads and Revenue _______........._._.__._.__._....... 208, 235, 251, 308, 316
SB 191--Minimum Foundation Program of Education
Act; amend .._.........___.___________.____.......__...____.___.208, 235, 252, 306, 646
SB 193--Reckless Driving; define _.____________._-........._.__________..389, 398, 423, 845
SB 194--Motor Vehicles Owners, Operations;
security given ............________.___-__.____.._.._.__....389, 398, 423, 1098, 1311
SB 196--Motor Vehicle Registration and Licenses by
Counties; amend .....................__..-_-_____...._._.....__.___.____....468, 492, 507
SB 197--Courts of Ordinary; change provisions
as to costs _____....._.................-_._-.__.________................__________389, 398, 423
SB 198--Juvenile Courts; amend act providing ________________390, 399, 423, 471
SB 199--Federal Highways Speed Limit; change provisions
for setting _____________________......_...--..-...._.___________...._._....._______.630, 633, 699
SB 201--License Revocation; be primary evidence-____..630, 633, 699, 1098
SB 202--Georgia Ports Authority; sell, lease, dispose
surplus property _____.______-__._______927, 932, 1007, 1011, 1013, 1136
SB 203--Mentally 111 Persons; treatment ____423, 426, 478, 848, 1430, 1450
SB 205--Mental Health Administration Division With
Department Public Health; create __________424, 426, 478, 848, 1441
SB 207--State Literature Commission; amend
act creating __________________________________._._809, 817, 852, 874, 1305, 1450
SB 208--Summary Judgments; define court to which
court apply _
,, .__
630, 633, 689, 702, 1307
SB 209--Human Blood; labeling of ____.................___686, 719, 776, 1004, 1314
SB 210--Taxes; certain counties pay in installments __._........__208, 235, 252
SB 211--Marriage License; amend act relating to
applications for _______.._._................_..____390, 399, 423, 848, 1272, 1449
SB 212--Self-Government in Municipalities;
provide for _______.-____________...--.-.-...-._._______........_._____....1115, 1116, 1223
SB 213--Dynamite Caps, etc.; misdemeanor if made available to minors .____..____--------..._________._....._..317, 321, 416, 1280
SB 214--Divorce Cases; amend deposit of costs required ____-____________.._,,_.___--________________________317, 321, 417, 1445
SB 215--Title Real Property; no judgment till judgment is recorded _.......................___._._________..630, 634, 699, 767, 1448, 1449
SB 218--Jekyll Island Authority Employees; become member employee retirement system ............___.______630, 634, 700, 870, 1257
SB 219--Legal Services; authorize State Highway reimburse for legal service ____,,___,,.____--__--,,.--__630, 634, 700, 871, 1287, 1458
1610
INDEX
SB 220--Henry County; change from fee system certain officials _,,,,_,,,,,,__.___._______._...._...275, 288, 313, 343, 350
SB 222--Real Estate Commission; authority use of injunction by ..._......................_._.._..............468, 492, 507, 688, 1255
SB 223--Primary Elections; qualifications, fees certain cities _.-._______.................__..._......................._..___276, 288, 313
SB 224--Duties of Support; make uniform laws with respect to ...__._________.__________.______._______424, 426, 478, 614, 833
SB 225--County Manager Form Government; amend act relating to ___,,_.___........311, 399, 423, 848, 1308
SB 226--Ordinary, Clerk of Ordinary; filing wills persons still alive ....._....__.______..............._,,_....._.._311, 399, 423, 1282
SB 227--Cigars, Cigarettes Tax Stamp; show amount tax paid ._______.___________________________._.__424, 426, 479, 617, 1241
SB 229--Georgia Bureau of Investigation; qualifications of agent _______________.............______-_-630, 634, 700, 1007, 1285, 1320
SB 230--Houston County; create Board County Commissioner __________.........._._.._____............317, 322, 473, 550
SB 232--Maximum Income; before disqualified to receive assistance from State ___.___.__________..________._______424, 426, 479, 693, 831
SB 235--Motion for New Trials; filing of brief of evidence--amend ................___.-.-._.-....__...-_..__________468, 492, 507
SB 236--Colleges, Professional Schools; State Board of Education issue certificates to .__._______............858, 932, 1011, 1221
SB 237--Minimum Foundation Program of Education; amend act creating ___...______...__.______________________._858, 932, 1011, 1220
SB 238--Old Age Survivors Insurance Provisions; State Employees; amend ...._..___..__........468, 493, 507, 693, 1310
SB 239--Tax Receivers; remove provisions relative to rounds ...______________.______._..__........_____.424) 426, 479, 691, 1252
SB 240--Tax Collector; relative making rounds ____.______-_______.................-..___.._.__........424, 426, 479, 691, 1254
SB 241--Antique Autos; special license plates ......................_.._........__................468, 492, 507, 770, 777, 1233
SB 243--Agricultural Commodities; levy charge on certain ____.___._________.___________________.___468, 493, 507, 613, 1243, 1320
SB 244--Clayton County; Coroner on salary __________469, 493, 507, 690, 707 SB 245--Tifton, City of; authorize gas system _.__..._469, 493, 508, 690, 707 SB 246--Cobbtown, City of; amend charter ___._______469, 493, 508, 690, 708
SB 247--Small Claims Court; create in certain counties _____________________...__._____________.___469, 493, 508, 848, 920
SB 248--Georgia Recreation Commission; provide for members ..................________________.631, 634, 700, 1006, 1286, 1451
SB 250--Jesup City Courts; civil actions Superior Courts ........._..._................_........._...809, 817, 853, 872, 920
SB 251--Cornelia, Town of; amend act incorporating .__.._.__.___._._______________________..____.469, 493, 508, 690, 707
SB 255--Commission on Alcoholism; amend acts pertaining to __________.._._.._.._...........__.-...__....631, 634, 700, 1004, 1294
SB 256--Mining Clay; permit pipelines under rights of way __.--_____._-_.________.______________-_l_.__685, 718, 776, 845, 1269
SB 257--Director Emeritus; State Board Workmen's Compensation, Deputy Directors _________,,.______,,,,_._ 809, 817, 853, 870, 1297, 1450
SB 258--Notaries Public; stockholders employees, etc., banks or corporations ........_._._._._...__.....__631, 634, 700, 845, 1314
SB 259--Bonds, Other Investments; owned by banks _._,,_,,_________.....685, 719, 776, 845, 1447
INDEX
1611
SB 260--Churches & Camp Grounds; amend act incorporating _,,,,,,____.__ _________.._.__.-631, 635, 700, 874, 1024
SB 261--City & Recorders Court, Certain Counties; attendance of witnesses, fees _________________._-__-___._______631, 635, 700
SB 263--Savannah City Court; change compensation clerk _.__...._.........................____631, 635, 701, 768, 788
SB 264--Chatham County; compensation Tax Commissioner ______________________.._______--.632, 635, 701, 768, 789
SB 265--Acworth, City of; amend charter _______..809, 817, 853, 872, 919 SB 266--Reciprocal, Inter-Insurance Contracts; information submitted
to Insurance Commissioner ____________685, 719, 776, 846, 1301, 1451 SB 267--Insurance Company; amend act relating venue
of suits against __-____________...--.-...-..._.__..-...-..-__._.._998, 1025, 1100 SB 268--Engineers & Land Surveyors;
registered professional ____..............____.__999, 1025, 1099, 1100, 1370 SB 269--Guidance Counselors in Each School
System; provide for _______________________________________._____..____685. 719, 776 SB 270--Juvenile Courts; Judge prescribe
confinement ....._._-_________.............._.______.......809, 818, 853, 871, 1369 SB 272--Abolition of Exceptions Pendente Lite;
what judge certify ____________...-.......-_.....__.__.-.-.__.999, 1025, 1095, 1100 SB 273--Divorce Actions; change period of time
served by publication _________________________________.__1003, 1025, 1095, 1100 SB 275--Oysters; dredging less than 8 feet
prohibited __ _ __.______,,..-____--_-___--.999, 1025, 1098, 1100, 1304 SB 276--Dormany of Judgments; filing of entries
on execution ________________________________________________810, 818, 853, 1005 SB 277--Principal Contractors Responsible Sub-Contractors
Certain Conditions _____________________._.______1115, 1116, 1223 SB 282--Leases, Usufructs; recording of ___.__.___999, 1025, 1095, 1100, 1371 SB 283--Troup County; establish civil courts, abolish
Justice Courts ______.______._____,,__,,____________._____._______.927, 932, 1011 SB 284--Linwood, Town of; amend charter __________810, 818, 853, 872, 919 SB 285--Walker County City Court; exemptions
from jury duty __-.--_-_______________.._____._.__810, 818, 853, 872, 919 SB 286--LaFayette, City of; amend act
incorporating .__._________________.____________.______.____.___810, 818, 853, 872, 920 SB 287--Winder, City of; create joint
Airport Authority -_-_---___-_______.______________.._810, 818, 853, 872, 1225 SB 288--Chatham County; compensation
ordinary _____._________________.__.________.._________859, 872, 932, 1011, 1097, 1109 SB 289--Thunderbolt, Town of; provide for
Recorders Court --_____-______,,..__.--.858, 932, 1011, 1221, 1228, 1451 SB 290--Game & Fish Commission; revoke licenses_~___926, 933, 1006, 1012 SB 291--Game & Fish Commission; issue duplicate license
for lost license _______________________________ ______926, 933, 1006, 1012, 1014 SB 292--Non-Resident Executor; may qualify____926, 934, 1005, 1012, 1014 SB 293--Hospital Inmates; protection _______.______999, 1025, 1099, 1100, 1408
SB 294--Judges Court of Appeals; Old Age & Survivors Insurance coverage ________859, 932, 1011, 1099, 1300
SB 295--Winder, City of; enlarge corporate limits .__________._____,,_._____858, 932, 1011, 1097, 1225
SB 297--State Board of Corrections; revise laws relating to -_____._-_-_-___________999, 1025, 1098, 1100, 1283, 1320, 1367
SB 298--State Board Accountancy; amend act relating to ________________.___.___________1115, 1116, 1222, 1224, 1372
1612
INDEX
SB 299--Felonies; prescribe for punishment may be reduced ----------._------------.----------------1111, 1116, 1223
SB 300--Georgia Board Landscape Architects; create _.----------------__------...-..1003, 1026, 1099, 1101, 1309
SB 301--Nelson, Town of; amend charter .------926, 934, 1012, 1097, 1227 SB 302--Court of Savannah; compensate
Chief Judge .------------------------__------926, 934, 1013, 1097, 1110 SB 303--Joint City-County Board Tax Assessors
Certain Counties; create ._____.,,,,......_....__926, 934, 1013, 1097, 1110 SB 304--Warner Robins, Ga.; amend
act incorporating ------_...------------..-..926, 934, 1013, 1097, 1225 SB 305--Criminal Court of Atlanta; amend
act establishing _----------.----------------.926, 934, 1013, 1097, 1110 SB 306--Jones County; amend act creating Board Commissioner
Roads and Revenue ----------------------926, 934, 1013, 1097, 1227 SB 308--Ordinary be Deputy Clerks of Court of Ordinary;
certain counties ------,,--------------------..927, 933, 1012, 1097, 1227 SB 309--Forsyth County; amend act creating Commissioner
Roads and Revenue ----------------------927, 933, 1012, 1097, 1330 SB 310--Forsyth County; change Sheriff, Clerk Superior
Court from fee system to salry --------927, 933, 1012, 1097, 1330 SB 311--Forsyth County; abolish office Tax
Receiver, Collector ------------__.----------.927, 933, 1012, 1097, 1330 SB 312--Voting Machines Certain Cities;
uniform procedure --------------------------1003, 1026, 1099, 1101 SB 313--Winder, City of; amend charter, provide for
City Manager ----------------------.----1003, 1026, 1098, 1101, 1228 SB 314--Haralson County; change salary Commissioner
Roads and Revenue --------------------1115, 1117, 1221, 1224, 1331 SB 315--Oil Well; bonus for first in
Georgia ---.----------------------1115, 1117, 1223, 1224, 1377
SENATE RESOLUTIONS
SR 14--Clayton County Superintendent Schools;
provide election ----...._.--------------------.----------------172, 179, 231
SR 26--Public Defender Office; advisability to create.--No Action in 1958
SR 30--Peace Officers Annuity & Benefit
Funds; investigate ------ .--------------------.------No Action in 1958
SR 35--Supreme Court; confirm rules promulgated by____No Action in 1958
SR 44--Insurance Companies; investigate percentages of earnings .. 1412
SR 47--Joint Welfare Study Committee; create --------------------.848, 854
SR 50--Basic Subjects Graduation; joint committee
study problems
_--_----------------------. ......._..___.1389, 1449
SR 80--Notify House Senate has convened -------------- --------_....,...----13
SR 84--Industry and Agriculture; legislature examine
all legislation relative to -------------------- -- 52, 53
SR 85--Hon. Richard Russell; invite to address General Assembly----..52
SR 87--POW WOW Veterans Foreign Wars; authorize
committee to attend _____________--___,,------____________.------__----_.52, 54
SR 88--Chattahoochee County; five member
Board of Education .------------_--------_..391, 397, 422, 690, 713
SR 91--Richmond County; convey property
by State ......-...........-......-...--------------632, 633, 699, 848, 1363
SR 92--Stewart County; alterate members
Board of Education .------------.------------392, 397, 422, 474, 547
INDEX
1613
SR 94--State Board of Education; provide scholarships to doctors _....._...__...-.__..__._-.._.__-..._____-...____....-_425, 425, 478, 848, 1443
SR 98--Jasper County; State Librarian furnish certain law books to __..____._...._..____________.....___-__..__..____208, 234, 251, 308, 317
SR 104--Glynn County; local law create office Tax Assessor ____....._____....________ .______..______.._____,,_. 392, 397, 422, 690, 716
SR 110--Teachers in Georgia; committee to investigate salaries -________-..--____._-___-_..-___.________._.____.258, 275, 313, 767
SR 111--Primary & General Elections Certain Cities; committee study ......_.___._._____.-_______-____...._....__......._.275, 288, 313, 848
SR 112--U. S. Route 17 as Ocean Highway; designate ..____..__._._.___-__..______..___________..____.._____632, 633, 699, 770, 1313
SR 114--Institute of Law and Government; Study Pact Finding Service Other States ....,,____...____.._.___...320, 321, 1007
SR 115--Illegal Liquor Campaign Funds; authorize payment to committee investigate ____-....__.....____.-.-_____..._____.._-__....320, 321, 1007
SR 116--State Farmers Market; improvement of _____.____342, 356, 396, 1237 SR 117--Hog Cholera Eradication ___._.....__._...__._____...___...._342, 356, 397, 1238 SR 118--Livestock slaughtered; inspection of __.____.______342, 356, 397, 1240 SR 120--Donalsonville State Patrol; authorize convey
State property in _..._____._..._.__._...._._..._______..___632, 633, 699, 848, 1296 SR 121--Seminole County; authorize tax
industrial purposes ___....._____...._._____._____......._._..._____...632, 633, 699, 806 SR 122--Dairy Price Support; memorialize
Congress _......_.__...__..__....___._....__.___..__.___...._._......425, 425, 478, 613, 721 SR 123--Grady County; levy collect license fees .-_____..._._._....._ 810, 852, 1020 SR 126--Georgia Income Tax Act; joint income tax
study committee ____..-.___.___..___......_.__-..____...___....___810, 817, 1222, 1412 SR 127--Terrell County Development; create __._.____810, 817, 852, 872, 921 SR 130--Remove Restrictions From Deed; property adjacent
to J. Woodruff __,,._________.______.,,_____. 859, 931, 1006, 1010, 1014, 1295 SR 137--Hon. Richard Russell; calling Joint Session of
General Assembly to hear ..___._.....____.__.__._.______..____..,,______ 859, 931, 944 SR 138--Industry in Georgia; committee study ways and means
promotion locations _____________________________.._859, 931, 1011, 1222, 1359 SR 140--Elbert County; Board of Education; amendment to
Constitution "provide for election of members ___......._.__.......___...._,_.....___....____.927, 933, 1012, 1097, 1326
SR 144--Appropriations Committee; continue investigations after Session ______..._______.____.....___...__._....__._..____.....___....llll, 1134, 1343
SR 147--Inviting President of U. S. -_-....__._...._._..___._...____._..__...__._.....__....____860 SR 149--Clarke County; establish water, fire,
etc. districts ____....__.__...._.._....___.._.._.__...__.1H5, 1116, 1221, 1224, 1324 SR 150--Mental Health; study committee
relative to _._...._.____-.._____-_.-._____.____...____.llll, 1134, 1222, 1224, 1343 SR 151--Workmen Compensation Board; committee
investigate charges made ___.__._____._-_________.._____1115, 1116, 1222, 1224 SR 152--Increased Insurance Rates in Georgia; appoint
Joint Committee study __,,,,_.__--___--_______________________________1111, 1134 SR 153--Youth Honor Day; Governor designating October 31 ____..__^...1229 SR 159--Election Laws; study commission relative to -___.--________1376, 1443
SR 161--Congressional vigilance; National Guard ___..___....._____....._1392, 1435 SR 172--Veterans Hospital & Facilities; joint
committee inquiry ..-_____.___...____.._.__....___.__.__...____..___._...___.1434, 1443 SR 175--General Assembly Adjourn Sine Die...__..____..____.._.__...____....___._...1469