Journal of the House of Representatives of the State of Georgia at the regular session, commenced at Atlanta, Monday, January 9th, 1961 and adjourned February 2, 1961, reconvened February 20, 1961 and adjourned March 6, 1961

JOURNAL
OF THE
HOUSE OF REPRESENTATIVES
OF THE
STATE OF GEORGIA
AT
THE REGULAR SESSION
Commenced at Atlanta, Monday, January 9th, 1961 and adjourned February 2, 1961 Reconvened February 20, 1961 and adjourned March 6, 1961.
1961 LONGINO & PORTER, INC.
HAPEVILLE, GA.

OFFICERS
OF THE
HOUSE OF REPRESENTATIVES 1961-62

GEORGE L. SMITH II

_ _ ....... __ _______ __ _____ ........Speaker

EMANUEL COUNTY

ROBERT L. SCOGGIN

... _ .... .... .... __Speaker Pro Tern.

FLOYD COUNTY

GLENN W. ELLARD .......... _____________ ______ ... Clerk
HABERSHAM COUNTY

JANETTE HIRSCH ....... ... ............. ......... _ ____
FULTON COUNTY

Assistant

JACK GREEN-

_____ ______________________ Assistant
RABUN COUNTY

HUGH SKELTON _________ ............ _______ _ _____ _ Assistant
HART COUNTY

AMELIA SMITH _______ ___________________ _ __________ ..... Assistant
FULTON COUNTY

BARBARA BATES-.....-. _________ ________ ..............Calendar Clerk
DEKALB COUNTY

ELMORE C. THRASH _______ __________________________ Messenger
LOWNDES COUNTY

EDWARD C. MOSES - - ------ .-.- Doorkeeper
MONTGOMERY COUNTY

HOUSE JOURNAL
Representative Hall, Atlanta, Georgia.
Monday, January 9, 1961.
The Representatives-elect of the General Assembly of Georgia for the years 1961-1962 met pursuant to law in the Hall of the House of Representatives at 10:00 o'clock, a.m., this day and were called to order by Honorable Glenn W. Ellard, Clerk of the last House of Representatives.
Prayer was offered by Doctor Harry J. Pearsons, Pastor of the First Presbyterian Church, Swainsboro, Georgia.
The following communications from Honorable Ben W. Fortson, Jr., Secretary of State, certifying the Representatives-elect for the years 1961-1962 were received and read:
DEPARTMENT OF STATE Ben W. Fortson, Jr. Secretary of State Atlanta 3, Georgia
January 9, 1961
Honorable Glenn W. Ellard Clerk of the House of Representatives State Capitol Atlanta, Georgia
Dear Sir:
I am transmitting herewith the names of the Representatives elected in the general election held on November 8, 1960, to represent the various counties in the General Assembly for the years 1961 and 1962; certification of the special election held on December 14, 1960, for Representative from Macon County, to succeed J. Lester Souter, deceased; and copies of two documents relative to contest for the office of Representatives from Towns County for the 1961-1962 term, as the same appear from the consolidation of returns of said elections and notices of contest which are of file in this office.
Very truly yours,
Ben W. Fortson, Jr. Secretary of State
BWF-ls enclosures

6

JOURNAL OF THE HOUSE,

REPRESENTATIVES GENERAL ASSEMBLY ELECTED IN GENERAL ELECTION NOVEMBER 8, 1960

COUNTY

NAME

Appling--------_--.-._-_.--.....--..._.--------------W. C. "Bill" Parker Atkinson_------_--.--------.__----------.--__,,.--.--_Waldo Henderson Bacon-----.----------._----------------_--._....._____H. Dorsey Been Baker.------__.-_----,,--._.------_--__------.------------J. L. (Lecky) Barnett Baldwin-----------.--..:....--------------.--._--------Culver Kidd Baldwin.------.----,,------------.--.----.----.------Philip M. Chandler Banks..__.----.,,._._.--_--._..._-..,,..-_.._..______.___.--.J. Grover Simmons Barrow..------.------.--.----_.----_.--.._-_----..,,--..James W. Paris Bartow------------_------__----------.....------Wm. B. Greene Bartow._.------._.--------....--------------...--_-..-Charles V. Crowe, Jr. Ben Hill_.---........ --..----_------_-------.------A. B. C. (Brad) Dorminy, Jr. Berrien-------------__---_-----------------------W. D. Knight Bibb------------------------,,_----------_----------------Richard B. Thornton Bibb----------------------------------__----------------J. Taylor Phillips Bibb--__----------_----------------------------..-.Phil Taylor Bleckley.___----___----------__...--.._..--..--J. R. (Jim) Mullis Brantley.---------------------------------------------J. Robert Smith Brooks.__----------------------_,..-...-----------John E. Sheffield, Jr. Bryan.._-.--..----___----.----_----_..._--._----Jack W. Shuman Bulloch---..--------..------__---------....__--------- Wiley B. Fordham Bulloch.___----..-----__._----------------------_.W. Jones Lane Burke...__.._.__.___-__-_.----_--------_.,,_.----------M. King Tucker Burke.----------------------------.--------------------Preston B. Lewis, Jr. Butts-_----_.----_----_.----------------.------.Bailey Woodward Calhoun----------------------------------------------W. Harvey Jordan Camden_.----------------.----________________--.----...... J. Nolan Wells Candler--..--.-----,.------------------------------William L. (Bill) Lanier Carroll---------------------------------------------J. Ebb Duncan Carroll----_-------------_,------.--.----_.._...--_.... Hayne Waldrop Catoosa----------------------------_.------.------Joe T. Clark . Charlton-..-.-----.-..----.--------------------------------.--H. Ben Rodgers Chatham------------.------------------------------Ralph L. Crawford Chatham..-----------------------------------------Grady Lee Dickey Chatham------------------------------------------------.Arthur J. Funk Chattahoochee.-...----------------------------------,,._Joe N. King Chattooga----------------------------------------James H. Floyd Chattooga_____--_----------------_-----.----.Joseph E. Logging Cherokee..------__....--------------...----------------Carl T. Barrett Clarke--..._-___.......----------_.___----------Julian H. Cox Clarke..._--_----__----,,,,--------__--._-----------Chappelle Matthews Clay-------____.__--------_----_----__..--_...------Albert S. Killingsworth Clayton.-------------------------------------------Edgar Blalock Clayton------.-..---.------.---------------.----------William J. "Bill" Lee Clinch------------------------..----.------------Wallace L. Jernigan Cobb------..-...----------------------------.-----E. W. Teague Cobb--------------._.----.-----__----------------Harold S. Willingham Cobb--------------------------------_._.--------.---Joe Mack Wilson Coffee.--.._----__-----------_------_----_-------George J. Williams Coffee---------------------.------------_--.--.-.-_..Henry R. Milhollin Colquitt------_--_._----__-------------_.._.--------Dorsey R. Matthews Colquitt__------_------------------------------------David L. Newton

MONDAY, JANUARY 9, 1961

COUNTY

NAME

Columbia------------.--...___--------__--------.---- Glenn S. Phillips Cook----__.......----------------___._._..--Wilson B. Wilkes Coweta___.--..__--.._._..___...------.--.._.--.Henry N. Payton Coweta------------._...._......__..--...----_...._...George W. Potts Crawford_..__......_____.----.....__--------------.John C. Scarborough, Jr. Crisp....._.--_--.------------_--__...__.--_--.----..Marvin Lester Summers Dade._--_--..._---_----------------------_.------Maddox J. Hale Dawson._..............._..___--..--._----------,------._-------Henry Tayl' r Decatur--.---_-.----_.--.------------------_--------------G. Harvey Dollar Decatur----...-....-..--..-....--_-----.....--..-._...----.--_..--.John L. Taylor DeKalb--......___----_----_.....--_------------.._._... James A. Mackay DeKalb..----__..__.__...._.______.__-.--._--_.._...,,--..Pierre Howard DeKalb-------------.-----.---.--------------Guy W. Rutland, Jr. Dodge--------..----___-_-------------------------- W. S. Stuckey Dooly--------.........---..-.....------.------.----......------..-Thomas I. Sangster Dougherty--_--_----_----------------------------------Colquitt Hurst Odom Dougherty....----------_-----------.------------------------George D. Busbee Douglas....--_.------------------------_--_------,,----Alpha A. Fowler, Jr. Early....--.--_------_---------------------------------------Leon H. Baughman Echols------------------------_----------.----------Louis T. Raulerson Effingham------........._--------------------.----B. Frank Arnsdorff Elbert---------.---------------------------Dr. J. H. Miller Emanuel------------____.--__---------------------Geo. L. Smith II Evans...----....-----_........--........--...__...----------Ernest W. Strickland Fannin_...-........--------.----------.....--------.--------A. C. Duncan Fayette----......--------...--------------------------A. Hewlette Harrell Floyd----------_--------.--..----..--.--..--...--...-- Robert L. (Bob) Scoggin Floyd--..------..----.----------.--------------......... J. B attle Hall Floyd...-..--..----------------.----------_--------..--.Sidney Lowrey Forsyth--..-------.--------.--...----.----...------Roy P. Otwell, Sr. Franklin-----------------------------------------------Parker Purcell Fulton..._.--------------....---------------------------.Wilson Brooks Fulton------.-----------._-------------------_.--------M. M. (Muggsy) Smith
Fulton-..--------------------------------.------Ralph McClelland Gilmer...----..-----.-.------.--------._--...------P. T. McCutchen Glascock----....------ ........ -------------------- ..-..-.W. G. Todd Glynn-------.---.-------------------------------William R. Killian Glynn....------..--...----------_--.------.._.--..._..--.......--Winebert Dan Flexer, II Gordon........----.--._.....------------._..--.--------..------C. L. Moss Grady----.------.....___--------.__.----_------------George T. Smith Greene....-----._....-----_.---,--------.--.--.--._---..--------Alien P. Roper Gwinnett--_.-_.--------..-----------------------Earl P. Story Gwinnett....-.------_.--..------.--._.----------..------.Handsel Morgan Habershani--------_-------------------------- Richard Russell Smith Hall------------------_--------------------------------W. M. (Bill) Williams Hall...._--__-__----_------_-------------_----_----.----Robert (Bob) Andrews Hancock----------------------------__--_.--..----.----Marvin E. Moate Haralson.........-----.-------.----_--.....------...----.--..Thomas B. Murphy Harris....------------------__....--.----...------------.William Burton Steis Hart------_------------------------_----------..M. Parks Brown Heard.----.----.--------------------__--.-----------Hershel W. Farmer Henry-.--.-.....-..----------------------------------------Edward E. McGarity Houston----------__-_----._--------._------------_------R. Herman Watson
Irwin...--------------------------,------------.--------_Harry Mixon

8

JOURNAL OF THE HOUSE,

COUNTY

NAME

Jackson.............._.._--------...----_......................Mac Barber Jasper........_________________________.._.._...._...._..._._Roy R. Kelly Jeff Davis.--_...._..__._....__----------------_....James L. (Jimmy) Conner Jefferson__._.....___._____________..........__.__.J. Roy McCracken Jenkins__.__._____._____._...._,,___._..__._.._......Marion Merrill Johnson, Sr. Johnson_______._____.....__.._.._.____........Emory L. Rowland Jones._.______.--._..--__._._.-._._._._.__..Corbin C. Roberts Lamar__._____._____..._...........__.__.._....Haygood Keadle Lanier.--__..__._.._..._....,,......._..___________Warren S. Moorman Laurens____.___.__.____-___._.____.______.._.D. W. (Bill) Knight, Jr. Laurens___.___._._.,,.._...__....._.......__...._...W. Herschel Lovett Lee_.._..___.____._..._..._.__..._.......___._.._.H. Goodwin Hall Liberty_________.....__..__......__....._,,.._........Charles M. Jones Lincoln______________.__....___.__........__.._Ben B. Ross Long.___.____.....__.____.._._,,...___..__------Byrom M. Fitzgerald Lowndes_____.__.________________________................ Fred H. Walker Lowndes_______.____......__...___.._.......... Roger McCartney Budd Lumpkin--._____._.__..___........_....................Fred C. Jones, Jr. *Macon___________..___.......____...._._..._._. J. Paul Sinclair Madison...._________...........__...-....._.._..................._.Harold A. (Hap) Boggs Marion....-..-..-.--....._._._____.______.--------------E,. C. (Hamp) Stevens McDuffie----------__.___....,,,,.._.__.____.------.--Leonard N. Lokey Mclntosh._________--_--------.----._.---------.Daniel H. White Meriwether___------_____...___--------------Render Hill Meriwether.______________------------------Jimmy D. NeSmith Miller----___..__._____...___..-----..--------.__Buck Tabb Mitchell--_.______________.___.............----_____ Frank S. Twitty Mitchell--____.____________.----.._-----John Collins Monroe-_____._____________________________Harold G. Clarke Montgomery_____________.__.__--------------Joe C. Underwood
Morgan__..______________________--_._..Howard Tamplin Murray______________..______._.___...--.Chas. A. Pannell Muscogee_.__________________.__.___.Harry Dicus Muscogee.-______.__..__________....._.....Mac Pickard Muscogee--___________._________--...._.William C. (Billy) Wickham Newton__..______.____________________W. D. Ballard Oconee.___._._______________________Hubert H. Wells Oglethorpe______.______-______._._,,_George B. Brooks Paulding----_____,,____-____--_________James V. Rogers Peach------______-________.____----_____D. Warner Wells Pickens----_____________________.._.Will Poole Pierce-.---------__...________________.._.___W. H. (Bill) Kimmons Pike------____---__,,__________..----.----Lamar E. Dunn Polk.--.______________________--____John Harvey Moore Polk.------_____.____.--___________--_.__L. E. Adams, Jr. Pulaski......_____..__________.____.--________.R. C. Massee Putnam___,,__.____._______._--------------N. D. Horton, Jr. Quitman_________-________._._....----------Joe J. Hurst Rabun___.____________._._____----___.---- Knox Bynum Randolph--------_________________________._...----A'Delbert (Dell) Bowen Richmond------.__-__...--__--...--__----,,____._. William M. Fleming, Jr. Richmond----____.____----___--_____________.J. B. Fuqua Richmond___________.____________.----James M. Hull, Jr.

*Elected in Special Election Held December 14, 1960.

MONDAY, JANUARY 9, 1961

9

COUNTY

NAME

Rockdale-------_._---------------------------------Clarence R. Vaughn, Jr. Schley.-----__.-----.----,,_-..-___________B. E. Pelham Screven.------.--._--__--...------.--__.___.--.__--._.__..H. Walstein Parker Seminole...--..__------.____._..__.--._-------- J. 0. Brackin Spalding.______----------_________......--..------.Arthur K. Bolton Spalding--------_..------__----______----------_..Quimby Melton, Jr. Stephens.------________________----_--._--___J. A. "Jim" Andrews Stewart------___..__.._.__--__..--__.,,.___... Sam S. Singer Suniter--__--------------------------__.._.._._...--Thad M. Jones Sumter--.......--_...-.....____________________.....------Hiram K. Undercofler Talbot_._.._....--,,--.--------------__------------..Brooks Culpepper Taliaferro-._________________________________Wales T. Flynt Tattnall.---__.__,,____.__,,.-______________________.H. E, (Red) Kirkland Taylor--...--__------_--------------_--------_--------Ralph R. Underwood Telfair----._.____________________.._--......--______J. Wimbric Walker Terrell------.-_.--._-.--..--.----------_____________,,__-.Steve M. Cocke Thomas....--____________________________________James W. (Jim) Keyton Thomas_________....----..._________------------James W. Bozeman, Jr. Tift----------__.._----__--._______-_----.----Leonard Morris Tift--......--........_______________________.------...W. Frank Branch Toombs--.___._--__.__.__..--.____________-_----_-.Ross P. Bowen Towns.._________________________._ .---..-.__--_ ___.___ Treutlen_....__..___--.__..._._____--. ---- J. Wyman Fowler Troup.....__.___.__.--_____.___._--_------Frank G. Birdsong Troup_.__.____..___.------...__..._.-----____ J. Crawford Ware Turner..--------------------------..__....__------_--Clyde S. Young Twiggs..----____------....___________--------Homer L. Chance Union.--------_._--_._,,__.._.--.._,,....__.__Bonnell Akins Upson--______________________--,,__.__..__------ Johnnie L. Caldwell Upson.----.----__..__...._...____._.____._.__Talmage B. Echols Walker--....___.___________.___.__________..Billy Shaw Abney Walker.------.________________________--Robert E. Coker Walton._..___________________-__----John Lee Phillips Ware..___________________.____.___----Thomas A. Parker Ware.----___--___________.....,,_.__--..._____.Ben A. Hodges Warren...._____._________----______-____Jack B. Ray Washington..--____.--_____..____----___.__.Francis Joiner Wayne--__..__________________________E. C.( Gene) Davis Webster.-.------________________--_--__J. Lucius Black Wheeler--____________-________--__-------Mackie Simpson White--------__------------------------------------T. J. McDonald, Jr. W-iitfield---------------------------------------G. J. (Jack) Boyett Whitfield-------_-----_____________________Virgil T. Smith Wilcox------__-___,,------______-____---------Norman B. Doster Wilkes-------__--_______--__-----_H. H. Barnett Wilkinson.------------...----------------_________Geo. H. Carswell Worth------------_----_.--__.__---_-_-_--David C. Jones
Towns-----------______-------_..--CONTEST (See Attached Exhibits A & B)

10

JOURNAL OP THE HOUSE,

DEPARTMENT OF STATE Ben W. Fortson, Jr. Secretary of State Atlanta 3, Georgia
January 9, 1961
Honorable Glenn W. Ellard Clerk of the House of Representatives State Capitol Atlanta, Georgia
Dear Sir:
I am transmitting herewith a certified copy of the consolidated returns of the special election held in Macon County on December 14, 1960, for the purpose of electing a Representative from Macon County.
Yours very truly,
Ben W. Fortson, Jr. Secretary of State

- BWF-ls enclosure

Ben W. Fortson Secretary of State
STATE OF GEORGIA Office of Secretary of State
I, Ben W. Fortson, Jr., Secretary of State of the State of Georgia, do hereby certify that the attached one page of photographed matter is a true and correct copy of the Consolidated Return sheet showing the result of an election held on the 14th day of December, 1960, in Macon County, Georgia, for Representative to the General Assembly from Macon County, as the same appears of file and record in this office.
In Testimony Whereof, I have hereunto set my hand and affixed the seal of my office, at the Capitol, in the City of Atlanta, this 9th day of January, in the year of our Lord One Thousand Nine Hundred and Sixtyone, and of the Independence of the United States of America the One Hundred and Eighty-fifth.
Ben W. Fortson, Jr. Secretary of State.
(Seal)

CONSOLIDATED RETURNS
State of Georgia, Macon County
We, the undersigned, a majority of the superintendents at the court house, and one superintendent from each other voting place, of an election held in the County of Macon on the 14 day of December 1960 for Repre-

MONDAY, JANUARY 9, 1961

11

sentative do certify that we have met and consolidated the returns of all the voting places, and that the following is the result:

Names of Candidates for Representative:

T. Joe Coogle J. Paul Sinclair

Received _______ 1181 ________ Votes Received ________ 1295 ________ Votes

which will fully appear by reference to enclosed list of voters and tally sheets.

Given under our hands and official signature, this the IB day of December, 1960.

M. G. Bell, Levin Hicks, N.P., J.P. J. R. Carson Perrell English, J. P. E. W. Johnson Chas. M. Oliver, J. P. J. W. Smith, Jr.
Superintendents.

John S. Averill, Jr., Acting Ordi nary and Judge City Court of Oglethorpe, Macon County, Georgia.

NOTICE TO GOVERNOR OP ELECTION CONTEST
To His Excellency, Honorable S. Ernest Vandiver, Governor of Georgia:
Orsbon Foster gives notice under Section 34-3101 of the Code of Georgia, of his intention to contest the purported election of Robert Cloer, on the 8th day of November 1960, to the Office of Representative from Towns County, in the General Assembly of Georgia, and requests that the House of Representatives hear this contest as provided in Article III, Section VII, Paragraph I, (Code 2-1901), of the Constitution of Georgia, which provides:
"Each House shall be the judge of the election, returns, and qualifications of its members."
Orsbon Poster Contestant
J. E. Palmour Attorney for Contestant
NOTICE TO ADVERSE PARTY
To Robert Cloer:
Now comes Orsbon Foster and gives notice of his intention to con test the purported election of Robert Cloer on the 8th day of November 1960, to the Office of Representative from Towns County, in the General

12

JOURNAL OF THE HOUSE,

Assembly of Georgia, as provided in Section 34-3101 of the Code of Georgia, on the grounds set out in the attached petition.
This 22nd day of November 1960.
Orsbon Foster Contestant
J. E. Palmour Attorney for Contestant

BRIEF OF LAW OF ORSBON FOSTER IN SUPPORT OF HIS RIGHT TO BE SEATED IN THE GEORGIA HOUSE OF REPRESENTATIVES AS REPRESENTATIVE FROM TOWNS COUNTY, 1960 ELECTION. STATEMENT OF FACTS
Your petitioner, Orsbon Foster, was nominated in the Democratic Primary election held in Towns County in September, 1960, as candidate of the Democratic Party for a seat in the General Assembly as delegate to the House of Representatives from Towns County. In said primary election he was opposed by Kyser Dean, who had previously unsuccess fully run for a seat in the State Senate in the Spring Democratic Pri mary. Following the receipt by Foster of the majority of votes cast in the Democratic Primary, notice of his candidacy was filed in due time with the Secretary of State by the Chairman of the Democratic County Executive Committee of Towns County, and the Secretary of State duly certified his name to the Ordinary of Towns County for the purpose of having same placed on the ballot.
No other person filed notice of candidacy for the seat in the House of Representatives from Towns County with the Secretary of State, as required by law, and the Secretary of State did not certify to the Ordi nary any other name as a candidate for this office, and the Ordinary was without authority of law to place any other name on the ballot in the general election of November 8, 1960, for this seat, thus leaving petitioner as an unopposed candidate for this office.
Nevertheless, the Ordinary, in violation of statutory requirements, had and caused to be printed on the ballots prepared by him for dis tribution to the voters of that county ballots on which were printed as candidates for the office of Representative from Towns County not only your petitioner's name, which was entitled to be placed on the ballot without opposition, but also the names of Robert Cloer, who was designated as the candidate of the Republican Party, and Kyser Dean, who was designated as an Independent. These names were not entitled to be placed on the ballot because they had not been filed with the Secretary of State, and the Secretary of State had not certified them to the Ordinary, and the Ordinary accordingly was acting illegally in printing them on the official ballot forms for distribution in the county.
In addition to this, the name of Kyser Dean was illegally on the ballot for the reason that there is no Independent Party as such in Towns County, and Dean did not comply with the law which requires that a person not a representative of a recognized political party who wishes to run for office and have his name placed on the ballot must first prepare a petition to that effect signed by 5% of the regular registered voters of the county. This he did not do. Because Dean had

MONDAY, JANUARY 9, 1961

13

run as a Democrat in the Spring Primary, and had thereafter run against petitioner in the September Primary on the Democratic ticket, he was associated in the minds of the voters with the Democratic Party, and when his name was illegally placed on the ballot, such votes as he drew were drawn from Democratic rather than Republican voters, so that by reason of this further illegality petitioner lost the votes needed by him to defeat the Republican candidate, had the name of such candi date in fact been properly on the ballot.
For both of these reasons, petitioner was entitled to the seat in the House of Representatives and should by the members of this body be declared the only candidate for said seat to have received any votes in said election, and to be seated as the successful candidate for the office.

BRIEF OF LAW
I. MEMBERS OF THE GENERAL ASSEMBLY ARE STATE OFFICERS.
It cannot be questioned that a seat in the House of Representatives is a State office. The primary duty of these elected officials is to make laws and handle legislative matters having state-wide application. They are paid by the State. Their place of assembly is the State Capitol. Their oath of office, as prescribed by our Constitution (Code 2-1605) is that: "I will so conduct myself as will, in my judgment, be most conducive to the interests and prosperity of this State." Legislators do not come into the General Assembly primarily to handle the business of the county from which they are elected, but to represent the sovereign State as a whole in all of its law-making activity. Under the Constitution (Code 2-801) they provide laws relative to the registration of electors throughout the State. Under the Constitution (Code 2-1201) election results of races for seats in the General Assembly are reported to the Secretary of State who announces the result (not the Ordinary, as in the case of county offices.) Code. In the case of Truesdel v. Freeney, 186 Ga. 289, certain tests are set out for the determination of whether a particular office is a State office or a county office. Among them are the following: Could the department exist without persons of the capacity in which he was employed ? Did he report to the State or a State official rather than to county officers? Did the State or the county pay his salary? Has he a responsibility, so far as representing the State is concerned, in which matters the State rather than the county is pri marily interested? (See page 186).
Our whole system of government is based upon the division of power between the legislative, executive, and judicial branches of gov ernment; it would of course be absurd under this concept of democratic government to say that the members of the State Legislature are not officers of the State whose lawmaking power is vested in their hands. And, lastly, in regard to the very ballots which are under consideration here, the Secretary of State is required by Code 40-601 (7) to certify to the Ordinaries of the various counties the names of candidates for State house offices, the "members of the General Assembly" and also the "county officers", thus showing, in relation to the very question under discussion, that the laws does not classify members of the General Assembly as county officers.
We have thought it wise to make this distinction at the outset,

14

JOURNAL OF THE HOUSE,

for the reason that the laws hereinafter dealt with are laws dealing with State officers. Some of them also have application to county officers, but this question is based squarely on the proposition that the names of the Republican and Independent candidates were illegally placed on the ballot, and all votes cast for them were illegal, under laws pertaining to the election of State officers.
II. CONTESTS FOR SEATS IN THE GEORGIA HOUSE OF REPRESENTATIVES ARE DECIDED BY THE HOUSE
Our Constitution (Art. Ill, Section VII, Par. I; Code 21901) Provides:
"Each House shall be the judge of the election, returns, and qualifications of its members."
III. NO LEGAL VOTES WERE CAST FOR ANYONE EXCEPT THE DEMOCRATIC CANDIDATE FOR REPRESENTATIVE FROM TOWNS COUNTY.
1. The two opposing candidates running as Republican and Inde pendent respectively, failed to follow the mandatory provisions of the elections laws and were neither legally qualified or elected.
(a) Code Supp. 34-3608 provides:
"AH candidates for national and State Offices, or the proper author ities of the political party nominating them, shall file their notice of their candidacy, giving their names and the offices for which they are candi dates, with the Secretary of State, at least 45 days prior to the general election."
(b) Code 34-1904 provides:
"In all elections other than primary elections held under the auspices of a political party, it shall be the duty of the ordinary to provide to furnish at the expense of the county . . . the names of candidates of each political party, designating the names to the political party to which they belong . . . Provided, however it shall not be the duty of said officers to place the names of any candidates on said official ballots, unless the notice of their candidacy shall be given; in the following manner, to wit: All Candidates1 for national and state offices, or the proper authorities of the political party nominating them, shall file notice of their candidacy, giving their names and the office for which they are candidates, with the Secretary of State at least 30 days prior to the regular election,
Neither the Republican or the Independent candidate, nor any political party or anyone else on their behalf, ever gave any notice of their candidacy to the Secretary of State, and without this prerequisite there was no way in which the names of these candidates could be legally printed on the official ballots distributed for voter use.
(c) There is perhaps1 a slight conflict between the two code sections above quoted because the first requires the name to be filed with the Secretary of State 45 days prior to the election, while the second requires this to be done within 30 days. Whatever the length of time, both require that it be done, and it was not done here. Code Supp. 34-3608 says that candidates shall file the notice, making the provision manda tory. Code 34-1904 says that it shall not be the duty of the ordinaries

MONDAY, JANUARY 9, 1961

15

to place the names of any candidates on the ballot unless they have given such notice. This code section was in Alexander v. Ryan, 202 Ga. 578 (2-a) construed along with Code 40-601(7) discussed hereinafter and it was held:
"The manifest purpose of the above statute was to provide a definite procedure to govern the ordinaries to the 159 counties throughout the State in placing the names of the various party candidates upon the official ballot in an orderly and uniform manner. Con struing the provisions of the statute as a whole in the light of the evils sought to be remedied, the statute was clearly intended to provide the sole and exclusive method by which a party candidate could have his name placed on the official ballots by the various candidates. While it is true that such intention may have been ex pressed in the negative by the use of such language as, 'Ordinaries of the respective counties shall not be required to add any other names for national and State offices on the official ballot', never theless the language is positive and unequivocal in asserting that the Secretary of State shall certify to the respective ordinaries the names of all candidates for national and State offices; and when taken together with the negative assertion that the ordinaries shall not be required to add any other names, the import is clear that no names are to be placed upon the official ballot except upon certificate of the Secretary of State. Any other construction would necessarily result in an uncontrolled and unpredictable exercise of individual discretion on the part of the numerous ordinaries, the natural consequence of which would be to do violence to the entire scheme and purpose of the legislation."
2. SINCE OPPOSING CANDIDATES FAILED TO FILE WITH SECRETARY OF STATE, THE LATTER DID NOT CERTIFY THEIR NAMES TO THE ORDINARY, AND NAMES WERE IL LEGALLY PLACED ON BALLOTS. Code 40-601 (7) provides:
". . . The Secretary of State shall certify to the respective ordinaries the names of all candidates for national and State offices who have qualified as such as provided in section 34-1904 . . . The ordinaries of the respective counties shall not be required to add any other names for national and state offices on the official ballot except upon certificate of the Secretary of State."
In Alexander v. Ryan, supra, it was held that any ballots cast in contravention to this statute were illegal ballots and could not be counted in favor of one whose name had not been filed with the Secretary of State within the time limited and by the latter certified to the ordinaries, of the various counties. The facts there were that the Democratic State Convention, after the nominee for Solicitor General in the State primary (a state office) died, nominated Alexander as candidate for the Demo cratic party to fill an unexpired term for Solicitor General. Since tnis was less than 30 days before the election, there was no means of comply ing with Code 34-1904 and Code 40-601 (7) (Code Supp. 34-3608 had not then been enacted.) The nominee did not file with the Secretary of State and the Secretary of State did not certify his name, which was nevertheless stamped on certain of the ballots with rubber stamps. The Supreme Court held:
"It follows, therefore, that the name of the relator Alexander could

16

JOURNAL OP THE HOUSE,

not legally have appeared as the candidate of the Democratic party upon the official ballots prepared by the county ordinaries and furnished by them to the election managers . . . His name, of course, could be written in; but if the law meant what it says, his name could not be stamped or printed in the official form of the ballot to be furnished to the voters .... we cannot escape the conclusion that the official ballot as furnished the voters, insofar as it carried his name, was inherently and essentially invalid, and we are unable to see how it could be validated by being voted as presented under a natural misapprehension that it belonged there."
Under the law as laid out in the Alexander case, it is settled beyond any question that where a candidate for State office failed to file his name with the Secretary of State within either 30 or 45 days before the election, and the Secretary of State fails to certify him to the ordi nary of the county or counties in question as the nominee of his political party, his name cannot legally be placed on the ballot, and every vote cast for him is an illegal vote and cannot be counted, and must be thrown out. It follows that neither the Republican nor the Independent Candidate who opposed the Democratic nominee in this election received any legal votes, and the Democratic nominee was elected as on an uncontested ballot, and should retain his seat in the House of Representa tives.
4. THE NAME OF THE INDEPENDENT WAS ILLEGALLY PLACED ON THE BALLOT FOR ANOTHER REASON, AND DREW FROM THE DEMOCRATIC CANDIDATE SUFFICIENT VOTES TO PREVENT HIS RECEIVING A MAJORITY OF VOTES CAST.
Ga. L. 1948, Ex. Sess. P. 3, amending Code 34-1904, which states that it shall be the duty of the ordinary to provide and furnish ballots on which are printed the names of candidates of each political party, designating the name of the political party to which they belong, added the following:
"Provided, further, that such candidate shall also file a petition for that purpose signed by not less than five per cent of the registered voters in that territory or that such political party shall have cast no less than five per cent of the votes in the last general election next preceding for election of such officer."
This body will take notice that there is no such party as an Inde pendent Party in Georgia or in Towns County. Mr. Dean, who ran as Independent, utterly failed either to affiliate himself with any political party in the general election which had previously received 5% of the votes or to present a petition signed by 5% of the registered voters, and without a showing of one of these two things his name could not in any event be placed on the ballot. It will further be noted that the Democratic candidate in this general election received 1217 votes; the Republican received 1276 votes and Mr. Dean, running as an "Inde pendent" received .--._-- votes. Even disregarding the illegalities above referred to, had Mr. Dean's name not been on the ballot, and had his votes gone to the Democratic Candidate, the latter would have received a majority of votes cast. Now, Mr. Dean has already twice in the year 1960 run on the Democratic ticket in Towns County--in the Spring primary for a Senate seat, where he was defeated, and in the September primary against petitioner, where he was again defeated. It cannot be

MONDAY, JANUARY 9, 1961

17

questioned that Mr. Dean, although purportedly running as an "Inde pendent" had managed to present his image so thoroughly and con sistently to the Towns County voters as a Democrat in the year 1960 that his name on the ballot could make an appeal only to Democrats, and those few votes which were cast lor him came from members of the Democratic party and thus prevented the Democratic candidate who had been successful in the State primary from obtaining a majority of votes cast.
It is also beyond question that unless Mr. Dean was either the nominee of a political party or was sponsored by 5% of the registered voters by means of petition prior to election, his name could not be legally placed on the ballot, and the official ballot, insofar as it carried his name, was also, in the language of the Alexander case, "inherently and essentially invalid."
IV. HAD ELECTION BEEN LEGALLY CONDUCTED, PETI TIONER WOULD HAVE BEEN ELECTED.
The result of this election as contemplated by Code 34-3101 was necessarily affected by all of these illegalities, since the names of both the Republican and Independent candidates were illegally placed on the ballot, and the Democratic candidate had a right to have his name placed on the ballot without opposition. The Democratic candidate lost only by 46 votes out of 2493 votes cast. Had the ballot been in legal form he would have been the sole recipient of all votes cast, and as the matter now stands he is entitled to be declared the elected representative from Towns County with a total of 1217 legal votes cast, and no legal votes cast against him.

NOTICE TO GOVERNOR OF ANSWER OF ELECTION CONTEST
TO: His Excellency, Honorable S. Ernest Vandiver, Governor of Georgia:
Comes now BOB C. CLOER and herewith files his answer to the Contest Petition of Orsbon Foster heretofore filed with your excellency, purporting to contest the election of the undersigned Bob C. Cloer on the 8th day of November, 1960, to the office of Representative of Towns County, Georgia in the General Assembly of Georgia and requests that this answer be filed under applicable provisions of law.
/a/ Bob C. Cloer

NOTICE TO ADVERSE PARTY
This is to certify that the undersigned has given notice of the within answer to Orsbon Foster by mailing a copy of same to said Foster at Hiawassee, Georgia, and to his Counsel of Record, J. E. Palmour, At torney at Law, Gainesville, Georgia, with sufficient postage thereon for delivery in the United States mail.
This the 24 day of December, 1960.
/s/ Bob C. Cloer
Sworn to and subscribed before me this 24 day of December, 1960. G. W. Franks, Notary Public

18

JOURNAL OF THE HOUSE,

STATEMENT OF FACTS
On September 24, 1960, your respondent, Bob C. Cloer, was nomi nated by the Towns County Republican Party to be its candidate for Representative to the General Assembly of Georgia from Towns County. Following this nomination the Chairman of the Republican Party of Towns County filed a letter of qualification with the Ordinary of said county. (See Exhibit 1) The Ordinary, at the request of the Republican Party County Chairman, forwarded a copy of this letter to the Secretary of State. This letter, addressed to the Secretary of State and properly stamped, was placed in the United States Post Office, Hiawassee, Geor gia, on September 24, 1960. (See Exhibit 2).
On October 5, 1960, the Secretary of State acknowledged to J. B. Nichols, Secretary of the Republican Party of Towns County, receipt of this letter. (See Exhibit 3 which is a copy of the Secretary of State's copy.) He advised that the Ordinary should be contacted with reference to placing the Republican Party's candidates names on the Official Bal lot. The Ordinary in compliance with these instructions properly placed your respondent's name on the Official Ballot.
No other person filed notice of his candidacy for the seat in the House of Representatives from Towns County with the Secretary of State. Mr. Orsbon Foster has stated in his petition that the Chairman of the Democrat County Executive Committee of Towns County gave notice to the Secretary of State of Foster's nomination in the Democratic Pri mary. However, the Secretary of State has no record of having received said notice. If the theory advanced by Mr. Foster is correct, that notice must be filed with the Secretary of State at least 30 or 45 days before the General Election, then no "legal votes" were received by Mr. Foster because notice of his candidacy was not received by the Secretary of State.
If petitioner Foster had properly qualified with the Secretary of State and had received a majority of the votes cast in the election, he could not qualify as Representative from Towns County because he is not a resident of said county as required by the Constitution of Georgia, Article III, Section VI, Paragraph 1, Ga. Code Ann., Section 2-1801 and could not qualify to hold any civil office of said county as required by Code Section 89-101 under the provisions of Section 7 thereof. (See Ex hibits 4, 5, and 6.)
Your respondent having qualified with the Ordinary in compliance with the "long standing custom" (See Exhibits 7, and 8) more than 45 days prior to the election, and having qualified with the Secretary of State more than 30 days prior to the election as required by Code Section 34-1904, and further having received a majority of the total votes cast for Representative of Towns County as indicated by the official election returns, should be permitted to take his seat as the duly elected Repre sentative from Towns County.

ISSUES RAISED BY PETITIONER
I. Are members of the General Assembly state or county officials1 ?
II. Is it mandatory that candidates for the General Assembly qualify with the Secretary of State?
I. (a) The question of whether members of the General Assembly

MONDAY, JANUARY 9, 1961

19

are state or county officials is one that has not been decided by the courts. On May 3, 1960, the Attorney General advised Honorable Carl B. Sanders, with reference to whether a Senator is a state or a county official, as follows:
"Prom a research of the matter, I find that it has been a long unbroken custom in Georgia for candidates for the House of Repre sentatives and the State Senate to qualify with the ordinary and not with the Secretary of State."
"Members of the General Assembly of Georgia are Representa tives of the people of the respective counties and districts in the legislative branch or divisions of the State Government under the State Constitution, and while they are elected and represent counties and districts, the question of whether they are county or state offi cials is yet debatable. No commissions have ever been issued by the Executive Branch of the State Government to members of the General Assembly for the reason that there is no provisions of law authorizing such."
This opinion of the Attorney General of Georgia was re-affirmed as late as September 21, 1960, in a letter to the Honorable Walter C. Stevens, Ordinary of Bibb County, Macon, Georgia. (See Exhibit 9.)
In view of the lack of decisions in our courts on the question of definition of state and county offices, the decisions of courts in other states become important as guides in determining this issue. Such a deci sion is found in the case of Hamilton vs. Monroe, a Texas case found in 287 S W 304. This case holds that "state offices" means offices to be filled by the electorate of the entire state and "county offices" are those to be filled by the electorate of an entire county. We quote from the body of this decision as follows:
"We think the legislature, in using throughout the statutes regulating nominations by parties of the candidates for the re spective places to be filled, the words 'state offices' meant only such offices as are to be filled by the electorate of the entire state, and the words 'district offices' meant only such offices as are to be filled by the electorate of the respective districts, and the words 'county offices' meant those to be filled by the electorate only of the entire county. Any other construction would make the words mean ingless as used in said statute."
From the foregoing, it is easy to see that the question of a Representative being a state or county official is highly debatable and this committee should not now in this proceeding attempt to hold that a Representative is a state official within the terms of Code Supplement 34-3608 and 34-1904.
Petitioner Foster attempts to show that a Representative comes under the definition of a 'state officer' and that it is mandatory that candidates for such office qualify with the Secretary of State at least 30 or 45 days prior to the general election. However, the real reason that petitioner Foster is interested in showing that such an office is a state office rather than a county office is that Mr. Foster could not qualify to hold the office of Representative under either of the following provisions of Georgia law.

20

JOURNAL OF THE HOUSE,

Ga. Code Ann. Section 89-101:
"The following persons are held and deemed ineligible to hold any civil office, and the existence of any of the following states of facts shall be a sufficient reason for vacating any office held by such person. . . . ."
(7) "No person shall be eligible to hold any county office in any county unless he shall have been bona fide a citizen of the county in which he shall be elected or appointed at least two years prior to his election or appointment, and is a qualified voter entitled to vote." (See Exhibits 5 and 6.) Ga. Code Ann. Sup. 34-136:
"Any registered voter upon moving his residence to another county and fulfilling the residential requirements therein, may, if he is otherwise qualified, have his name placed upon the list of registered voters of the county of his new residence as hereinafter provided. He shall obtain from the Board of Registrars from the county of his immediate former voting residence a registration trans fer certificate. After obtaining such certificate, such person shall make application to the Board of Registrars of the county of his new residence to have his name placed upon the list of registered voters of such county. Such application to the Board of Registrars of the county of such persons new residence must be made at least 10 days before any election or primary at which such persons shall be eligible to vote." (See Exhibit 4.)
Even assuming that Mr. Poster is correct in his contention that the office of Representative is a state office and that notice of candidacy for such office must be filed with the Secretary of State, then, in that event, Mr. Poster himself could have received no legal votes in the past general election because no certificate showing his name as a candidate for said office was filed in the office of the Secretary of State. The provision of law relating to certifying candidates for state offices with the Secretary of State is contained in Ga. Code Ann. Sup. Sec. 34-3215.1.
"Immediately after the consolidation of the votes in any such primary election a certificate, showing the names of such candi dates and the offices for which they are candidates, shall be filed in the office of the Secretary of State of this State; such certificate to be signed by the chairman and secretary of the State committee of the political party holding such primary. Said certificate shall show by counties the total number of popular votes and the county unit votes received by each candidate in any such primary election."
In view of the above shown various discrepancies concerning Mr. Foster's qualifications it would be beyond credence for this committee to rule that he is the duly elected Representative of Towns County, Georgia in the last general election. On the other hand, Mr. Foster admits that your respondent received a majority of the total votes cast for the office of Representative in Towns County and since your re spondent meets all of the legal qualifications of a duly and legally elected candidates and office holder for the office of Representative to which

MONDAY, JANUARY 9, 1961

21

he was elected, it is respectfully submitted that this committee should seat your respondent in this proceeding.
Respectfully Submitted,
Bob C. Cloer
(Copy)

CLAUDE SWANSON Ordinary Towns County
Hiawassee, Georgia

To Hon. Claude Swanson Ordinary, Towns County Hiawassee, Georgia

Hiawassee, Georgia September 24, 1960.

The Republican Executive Committee or Towns County, Georgia have met and officially nominated the following citizens as candidates for the following offices. We request that their names be placed on the official ballot to be used in the General Election in TOWNS COUNTY, November 8, 1960.

State Representative Ordinary Sheriff
Clerk of Superior Court Tax Collector Tax Receiver Treasurer Coroner Surveyor County School Supt.

Bob Cloer Claude Swanson Jay V. Chastain Kennth Moody Hubert Norton Jerry Hood Carter Berry
Unseld Garrett

Towns County Republican Executive Committee: Unseld Garrett, Chairman J. B. Nichols, Secretary

"Exhibit 1"
Georgia, Towns County
This certifies that the undersigned Claude Swanson is the Ordinary of Towns County and further that on Sept. 24, 1960 the Chairman of the Republican Party of Towns County filed with me a list of the Repub lican candidates for county offices to be placed on the official ballot in the General Election for 1960. The name of Bob Cloer was on this list as a candidate for Representative from Towns County.
This further certifies that at the request of said chairman I placed a copy of this list in the United States mail on Sept. 24, 1960, addressed to the Secretary of State Atlanta, Georgia with sufficient postage to assure its delivery.
Claude Swanson, Ordinary, Towns County

22

JOURNAL OF THE HOUSE,

Sworn to and subscribed before me this Dec. 24, 1960.
....... ______________ ._,N. P.

Exhibit 2
October 5, 1960
Honorable J. B. Nichols, Secretary Towns County Republican Executive
Committee Hiawassee, Georgia
Dear Mr. Nichols:
This will acknowledge receipt of your letter of recent date, advising of the Republican candidates for county offices. Same is being placed on file in this office.
I suggest you contact your Ordinary for the placing of the candi date's names on the ballots.
With best wishes, I am
Very truly yours,
Ben W. Fortson, Jr. Secretary of State
"Exhibit 3"
Georgia, Gilmer County:
This certifies that the undersigned L. E. Scharlach is Chairman of the Board of Registrars in and for Gilmer County, Georgia, and that 0. L. Foster's voter registration was transferred from Towns County, Georgia to Gilmer County, Georgia on Oct. 17, 1958.
This further certifies that said 0. L. Foster's voter registration was transferred from Gilmer County, Georgia to Towns County, Georgia on Sept. 10, 1960.

Sworn to and subscribed before me this Nov. 19, 1969.

(Seal)

Clerk Superior Court, Gilmer County, Ga.

"Exhibit 4"

Georgia, Gilmer County:
This certifies that the undersigned is manager of The Tankersley Hotel in Ellijay, Gilmer County, Georgia and that 0. L. Foster resided and occupied a room in said hotel continuously f rom--------_------19----

MONDAY, JANUARY 9, 1961

23

to _...--__--_--------.19----, on which date his effects were moved out and his residence at the hotel ended.

Sworn to and subscribed before me this --------__,,__- day of November, 1960.
Clerk Superior Court Gilmer County, Georgia.
"Exhibit 5"
Georgia, Gilmer County: Before me the undersigned attesting officer personally appeared
Louis E. Scharlach who after first being duly sworn deposes and says that he is and for several years has been chairman of the Board of Registrars in and for Gilmer County, Georgia, and that 0. L. Foster was a registered voter in Gilmer County during the year 1958, and that O. L. Foster was furnished a ballot and voted in the November 1958 General Election in Gilmer County, Ga.
This Dec. 10, 1960.
Louis E. Scharlach.
Sworn to and subscribed before me this Dec. 10, 1960.
H. Tabor, N.P.
"Exhibit 6" Atlanta, Georgia. August 19, 1960.
Honorable Robert F. Abercrombie Ordinary Douglas County Douglasville, Georgia
The unofficial opinion dated August 8, 1960 question of whether senator is State officer and required to qualify with Secretary of State, please ignore, as the courts have not so ruled and the custom from time immemorial has prevailed which permits candidates for the Legislature and Senate to qualify with Ordinary and not Secretary of State as indi cated in that opinion. Letter follows.
Eugene Cook, Attorney General.

24

JOURNAL OF THE HOUSE,

"Exhibit 7"
GUS W. PRANKS Attorney at Law Hiawassee, Georgia October 21, 1960
Hon. Claude Swanson, Ordinary Towns County, Hiawassee, Georgia.
Dear Sir:
In pursuance to request as to the manner of nominating and quali fying candidates for the General Assembly in Towns County, Georgia, will say that it has been the custom for each respective party to nomi nate their member candidate by convention together with other county officers, and qualify them as county officers are qualified to be placed on the ticket.
Candidates for the General Assembly have never in the last 40 years been nominated in county primary or in the State Democratic primary. Towns County does not hold a county primary.
Respectfully,
G. W. Franks, County Attorney.

"Exhibit 8"
September 21, 1960.
Honorable Walter C. Stevens, Ordinary Bibb County Macon, Georgia.
Dear Judge:
I regret that your request of August 20th was inadvertently over looked in my office.
On May 3, 1960, we advised Honorable Carl E. Sanders of the 18th Senatorial District, Augusta, Georgia, as follows with reference to the question of whether a Senator is a state or county officer:
"From a research of the matter, I find that it has been a long un broken custom in Georgia for candidates for the House of Representa tives and the State Senate to qualify with the ordinary and not with the Secretary of State.
"Members of the General Assembly of Georgia are representatives of the people of their respective counties and districts in the legislative branch or division of the State Government under the State Constitution, and while they are elected and represent counties and districts, the question of whether they are county or state officials is yet debatable. No commissions have ever been issued by the Executive Branch of the State Government to members of the General Assembly for the reason that there is no provision of law authorizing such.
Regardless of the point that may be made relative to this question, it would be my view that since it has long been the established unbroken

MONDAY, JANUARY 9, 1961

25

custom for members of the General Assembly to qualify with the ordi nary of their respective counties, that you should file your candidacy for State Senator from the 18th Senatorial District with the ordinaries of Richmond, Glascock and Jefferson Counties at least fifteen (15) days prior to the November General Election in 1960, and as a precautionary measure, that you likewise file with the Secretary of State forty-five (45) days prior to the November 1960 General Election."
I trust the above information will be of help to you.
Sincerely yours,
The Attorney General.
LC/mg

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

Abney Adams Akins Andrews of Hall Andrews of Stephens Arnsdorff
Ballard Barber Barnett of Baker Barnett of Wilkes
Barrett Baughman Birdsong Black Blalock Boggs Bolton Bowen of Randolph Bowen of Toombs Boyett Bozeman Brackin Branch Brooks of Fulton Brooks of Oglethorpe Brown Budd Busbee Bynum Caldwell Carswell Chance Chandler Clark of Catoosa Clarke of Monroe
Cocke

Coker Collins Conner
Cox Crawford
Crowe Culpepper Davis
Deen Dickey Dicus Dollar Dorminy Doster Duncan of Carroll Duncan of Fannin
,Dunn Echols Fitzgerald Fleming Flexer
Floyd Flynt Fordham Fowler of Douglas Fowler of Treutlen
Funk Fuqua Greene Hale Hall of Floyd Hall of Lee Harrell Henderson
Hill Hodges

Horton
Howard Hull
Hurst Jernigan
Johnson Joiner Jones of Liberty Jones of Lumpkin
Jones of Sumter Jones of Worth
Jordan Keadle Kelly Keyton Kidd Killian Killingsworth
King Kirkland Knight of Berrien Knight of Laurens
Lane Lanier
Lee Lewis Loggins
Lokey Lovett Lowrey Mackay Massee Matthews of Clarke Matthews of Colquitt
McClelland McCracken

26

JOURNAL OF THE HOUSE,

McCutchen McDonald McGarity Melton Milhollin Miller Mixon Moate Moore Moorman Morgan Morris Moss Mullis Murphy NeSmith Newton Odom Otwell Pannell Paris Parker of Appling Parker of Screven Parker of Ware Farmer Payton Pelham Phillips of Bibb Phillips of Columbia Phillips of Walton Pickard Poole

Potts Purcell Raulerson Ray Roberts Rodgers of Charlton Rogers of Paulding Roper Ross Rowland Rutland Sangster Scarborough Scoggin Sheffield Shuman Simmons Simpson Sinclair Singer Smith of Brantley Smith of Emanuel Smith of Fulton Smith of Grady Smith of Habersham Smith of Whitfield Steis Stevens Story Strickland Stuckey Summers

Tabb Tamplin Taylor of Bibb Taylor of Dawson Taylor of Decatur Teague Thornton Todd Tucker Twitty Undercofler Underwood of
Montgomery Underwood of Taylor Vaughn Waldrop Walker of Lowndes Walker of Telfair Ware Watson Wells of Camden Wells of Oconee Wells of Peach White Wickham Wilkes Williams of Coffee Williams of Hall Willingham Wilson Woodward Young

The Chair requested Mr. Cloer of Towns to refrain from taking the required Oath of office since a contest of his election was pending.

The oath of office was administered to the Representatives-elect by Honor able John E. Frankum, Associate Justice of the Court of Appeals of Georgia.

The next order of business being the election of a Speaker of the House for the ensuing term of two years, Mr. Ray of Warren placed in nomination the name of Honorable George L. Smith, II of Emanuel, which nomination was seconded by Messrs. McCracken of Jefferson, Lanier of Candler, and Bolton of Spalding.

Mr. Twitty of Mitchell moved that the nomination be closed and that the Clerk of the House cast the vote of the entire body for Representative Smith.

The motion prevailed and the Chair announced Representative George L. Smith, II duly elected Speaker of the House of Representatives.

The Chair appointed as a Committee of Escort to notify the Speaker of his election and escort him to the Speaker's stand:
Messrs. Phillips of Columbia, Rowland of Johnson, Matthews of Clarke, Tucker of Burke, Hill of Meriwether, and Undercofler of Sumter

MONDAY, JANUARY 9, 1961

27

Upon being presented to the House by the Chair, the Speaker delivered the following address:
GENTLEMEN OF THE HOUSE:
May I express my deep and sincere gratitude for your confidence shown by electing me your Speaker for a second two-year term.
In resuming this chair--which I have occupied with considerable pride these past two years--let me say that I will continue to work with you in every possible way.
I will continue to be fair and impartial in all my rulings.
Although more than one-third of this body is beginning its first term, we are ready to get down to business. I am confident the second bienniel pre-legislative institute, attended by so many of you, has fa miliarized us all with rules and procedures of the House.
While on the subject of rules, a completely revised set of House rules will be presented for your consideration.
Many of our present rules are ambiguous and contradictory--to say nothing of ungrammatical. These faults have been corrected and some rules have been changed as to content.
A joint Senate-House interim committee has worked some months with the institute of law and government of the university in preparing the revision.
I commend their adoption as a move that will make the House a more effective body.
Also to be placed before the House will be Georgia's first appropri ations bill since 1956.
The Appropriations Committee--working with the complete ap proval and cooperation of Governor Vandiver--will soon submit its recommendations.
In Governor Vandiver we have a most able chief executive--one we can follow with honor yet one who does not attempt to stifle legislative independence.
And speaking of cooperation, working these past two years with the Senate and its peerless president, Lieutenant Governor Garland Byrd has been an absolute pleasure.
I am confident that this cordial relationship will continue.
Other proposals of great significance will come before you.
I am sure you will consider them calmly and objectively and then take action that will bring credit to this House and to the State of Georgia.
We plan to innovate new hours in the House.
The House will convene at noon each day except on Mondays.
Heretofore committees holding public hearings, at no fault of their own, have sometimes greatly inconvenienced the public by uncertainty

28

JOURNAL OF THE HOUSE,

of hours. Under the new plan, meetings can be scheduled at definite morning hours.
The new hours will also permit those Representatives who do not have morning committee meetings to confer with State officials or con stituents.
This week, as you all know, we will work through Saturday. I ask that you all make your plans accordingly.
We have much of great importance to do before next week's recess.
Gentlemen, it is my intention as presiding officer to run this House in accordance with our rules.
I especially intend to be most diligent in enforcing rules regarding privileges of the floor and voting.
I respectfully ask that you help me enforce our rules.
One other matter--in each desk you will find name plates for your coat breast pocket. Please wear one for the first two weeks until we become better acquainted.
In closing, I promise you that I will not forget your votes elected me to this post.
I am the servant of each of you.
As such, I hope that you will permit me to try to help with any of your problems. All of you will be welcome either in my office or in my room at the Henry Grady Hotel.
Again--let me thank you for your vote of trust.

The Speaker announced as the next order of business the election of Clerk of the House and Mr. Cox of Clarke placed in nomination the name of Honorable Glenn W. Ellard of Habersham County, which nomination was seconded by Messrs. Barber of Jackson and Ross of Lincoln.
Mr. Twitty of Mitchell moved that the nomination be closed and that the Clerk of the House cast the vote of the entire House for Honorable Glenn W. Ellard.

The motion prevailed and the Speaker announced Mr. Ellard as the duly elected Clerk of the House of Representatives for the sessions of 1961-62.

The Speaker appointed the following Committee to escort the Clerk to the Clerk's stand:
Messrs. Smith of Habersham, Conner of Jeff Davis, Bozeman of Thomas, Summers of Crisp, Loggins of Chattooga, Shuman of Bryan, and Kelly of Jasper

Upon being presented to the House by the Speaker, the Clerk expressed his deep appreciation of the honor conferred upon him.

The speaker administered the oath of office to the Clerk:

MONDAY, JANUARY 9, 1961

29

The following resolutions were read and adopted:

HE 1. By Mr. Twitty of Mitchell:
A resolution to notify the Senate that the House has convened and or ganized by the election of Honorable George L. Smith II of Emanuel, as Speaker and Honorable Glenn W. Ellard, of Habersham as Clerk, and is now ready for the transaction of business.

HR 2. By Mr. Twitty of Mitchell:
A resolution by the House of Representatives, the Senate concurring, that a committee of eight, five from the House to be named by the Speaker, and three from the Senate to be named by the President, be appointed to notify His Excellency, The Governor, that the General Assembly has convened in regular Session and is now ready for the transaction of business.
Under the provisions of HR 2, the Speaker appointed the following as a com mittee on the part of the House:
Messrs. Jordan of Calhoun, Parker of Appling, Blalock of Clayton, Dorminy of Ben Hill, and Wilkes of Cook

HR 3. By Mr. Twitty of Mitchell:
A RESOLUTION
BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES, that the following shall prevail as to the appointment and compensation of the attaches and employees of the House, wh':ch compensation shall be paid from the funds appropriated to or available to the Legislative Branch of the Government:
1. That the Speaker of the House of Representatives be authorized to appoint five (5) aides to the Speaker and three (3) secretaries to be paid the same compensation as the members of the General Assembly; and he is further authorized to appoint assistant messengers, assistant doorkeepers and gallery keepers at not to exceed $8.00 per diem, two porters at $7.00 per diem and pages at $3.00 per diem.
2. That the Administration Floor Leader be authorized to appoint one assistant, one legal assistant and one secretary to be paid the same compensation as the members of the General Assembly.
3. That the Speaker be authorized to retain the services of someone skilled in legislative matters as provided by Rule of the House, to be compensated as provided by the Speaker.
4. That the Chaplain of the House, the Postmaster or Postmistress of the House, the Director of Pages and Assistant Postmaster or Post mistress be paid not to exceed the same compensation as members of the General Assembly.
5. That in addition to all other compensations and allowances here tofore allowed by law, the Speaker be authorized an allowance of $20.00 per day during the session of the General Assembly to cover any other incidental expenses not otherwise covered by the provisions of the Gen eral Appropriations now in force and effect.

30

JOURNAL OF THE HOUSE,

6. That the Clerk of the House be authorized to appoint the follow ing employees of the House at the compensation herein provided: Seven (7) porters at $6.00 per diem; ten (10) copy readers at not to exceed $15.00 per diem; ten (10) typists at not to exceed $15.00 per diem; four assistants, one (1) reading clerk, one (1) calendar clerk, and one (1) journal clerk, each to be paid the same as members of the General As sembly; four (4) Multilith operators, two (2) Xerox operators, two (2) Collator operators, and one (1) sound machine operator at not to exceed $15.00 per diem each.
7. This resolution shall become effective January 9, 1961, and re main effective for the entire period through February 25, 1961.

HR 5. By Mr. Twitty of Mitchell:
A resolution 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 2:00 p.m., Tuesday, January 10, 1961, for the purpose of canvassing and publishing the election returns relative to the State officials, and declaring the results, thereof, and providing for the appointment of Tellers.

Under the provisions of HR 5, the Speaker appointed the following as a com mittee on the part of the House:
Messrs. Brooks of Oglethorpe, Fowler of Douglas, and Jones of Worth

The next order of business being the election of a Speaker Pro-Tempore, Mr. Twitty of Mitchell placed in nomination the name of Mr. Robert Scoggin of Floyd County, which nomination was seconded by Messrs. Hall of Floyd and Brooks of Fulton.

Mr. Underwood of Montgomery moved that the nomination be closed and that the Clerk of the House cast the vote of the entire body for Representative Scoggin.

The motion prevailed and the Chair announced Representative Robert Scog gin duly elected Speaker Pro-Tempore of the House of Representatives for the ensuing term of two years.

The Speaker appointed the following committee to escort the Speaker ProTempore to the Speaker's stand:
Messrs. Lowrey of Floyd, Hurst of Quitman, Bynum of Rabun, Floyd of Chattooga, Busbee of Dougherty, Killian of Glynn, and Abney of Walker
The Speaker pro-tempore was escorted to the Speaker's stand and after the oath of office was administered, he addressed the members in words of apprecia tion of his election to this office.
The next order of business being the election of a Messenger of the House, Mr. Walker of Lowndes placed in nomination the name of Honorable Elmore C. Thrash of Lowndes, which nomination was seconded by Mr. Moorman of Lanier.
Mr. Twitty of Mitchell moved that the nominations be closed and that the Clerk of the House cast the vote of the entire body for Honorable Elmore Thrash.

MONDAY, JANUARY 9, 1961

31

The motion prevailed and the Chair announced Honorable Elmore C. Thrash duly elected Messenger of the House for the ensuing term of two years.

The Speaker appointed as a Committee to escort the Messenger to the Speaker's stand, the following:
Messrs. Budd of Lowndes, Fleming of Richmond, Raulerson of Echols, Jernigan of Clinch and Baughman of Early.

After the Messenger was administered the oath of office, he was presented to the House by the Speaker.

The next order of business being the election of a Doorkeeper of the House, Mr. Underwood of Montgomery placed in nomination the name of Honorable Edward Moses, which nomination was seconded by Mr. Walker of Telfair.

Mr. Twitty of Mitchell moved that the nominations be closed and that the Clerk cast the vote of the entire body for Honorable Edward Moses.

The motion prevailed and the Chair announced Honorable Edward Moses duly elected Doorkeeper of the House for the ensuing term of two years.

The Speaker appointed as a Committee to escort the Doorkeeper to the Speaker's stand the following:
Messrs. Smith of Brantley, Simpson of Wheeler, Stuckey of Dodge, Milhollin of Coffee, and Mixon of Irwin.

After the Doorkeeper was administered the oath of office, he was presented to the House by the Speaker.

The following orders of appointment were announced by the Speaker:

ORDER OF APPOINTMENT
By virtue of the authority vested in me as Speaker of the House of Representatives, I hereby appoint Honorable Frank S. Twitty, Repre sentative, Mitchell County, as Floor Leader for the House of Repre sentatives for the 1961-62 Term of the General Assembly of Georgia. The Clerk of the House is hereby instructed to spread this Order upon the Minutes of the House of Representatives.
This 9th day of January, 1961.
Geo. L. Smith II Speaker, House of Representatives.

ORDER OF APPOINTMENT
By virtue of the authority vested in me as Speaker of the House of Repre sentatives, I hereby appoint Honorable Joe C. Underwood, Representative, Mont gomery County, as Assistant Floor Leader for the House of Representatives for the 1961-62 Term of the General Assembly of Georgia. The Clerk of the House

32

JOURNAL OF THE HOUSE,

is hereby instructed to spread this Order upon the Minutes of the House of Representatives.
This 9th day of January, 1961.
Geo. L. Smith II Speaker, House of Representatives.

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 2. By Senator Sanders of the 18th:
A resolution to notify the House that the Senate has organized and is ready for the transaction of business; 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 resolution of the Senate to wit:

SR 4. By Senators Grayson of the 1st, Overby of the 33rd, Knox of the 54th, McKenzie of the 13th and Whisnant of the 25th:
A resolution that the Senate, the House of Representatives concurring, meet in joint session in the hall of the House of Representatives at 11:45 a.m., January 9, 1961, for the purpose of hearing a message from His Excellency, the Governor, and providing for a Committee of Escort. The president of the Senate has appointed as a committee: Senators Grayson of the 1st, Overby of the 33rd, Knox of the 54th, McKenzie of the 13th and Whisnant of the 25th.

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 2. By Mr. Twitty of Mitchell:
A resolution appointing a committee of eight, five from the House to be named by the Speaker, and three from the Senate to be named by the President, to notify His Excellency, The Governor, that the General Assembly has convened in regular Session and is now ready for the transaction of business.
HR 4. By Mr. Twitty of Mitchell:
A resolution appointing a committee of eleven, seven from the House to be named by the Speaker, and four from the Senate to be named by the

MONDAY, JANUARY 9, 1961

33

President, to escort His Excellency, The Governor, to the Hall of the House of Representatives.

HR 5. By Mr. Twitty of Mitchell:
A resolution calling a Joint Session to canvass and to publish the election returns; and for other purposes.

The following report of the Special Rules Revision Committee of the House was read and referred to the Committee on Rules:
TO: Members of the House of Representatives
It has been apparent for years that many of the Rules of the House were ambiguous and conflicting in nature. It has also been apparent that most of the Rules needed to be changed to correct errors in gram mar, sentence structure, punctuation and the like. It has been sug gested many times in the past that the Rules of the House and the Rules of the Senate be made to conform to each other as nearly as possible, taking into consideration the difference in the composition and procedure of the two branches. For these reasons the Speaker of the House ap pointed a Special Rules Revision Committee to represent the House, and the Lieutenant Governor appointed a Special Rules Revision Committee to represent the Senate.
The two Committees have met on several occasions and thorough discussions have been held concerning the Rules. The principal purpose of the Committee has been to revise the Rules so that they will be easier to understand by all members. It is believed that the Rules which have been approved by this Committee will make for simpler procedure and will expedite the business of the House.
Although the great majority of the Rules were not changed as far as substance is concerned, practically all have been changed in some respect, however slight. Consequently, the Committee felt it better to present a complete new set of Rules rather than a multitude of amend ments which would be necessary if each Rule were changed separately. Consequently, this Committee recommends that the House adopt the new Rules which have been approved by this Committee.
Respectfully submitted:
Smith of Emanuel Matthews of Clarke McCracken of Jefferson Hall of Ployd Cox of Clarke Phillips of Columbia Scoggin of Floyd Jack B. Ray Hiram K. Undercofler Hill of Meriwether Twitty of Mitchell Underwood of Montgomery

34

JOURNAL OF THE HOUSE,

Mr. Twitty of Mitchell County, Vice-Chairman of the Committee on Rules, submitted the following report:
Mr. Speaker:
Your Committee on Rules has had under consideration the following resolu tion of the House and has instructed me, as Vice-Chairman, to report the same back to the House with the following recommendations:
Resolution providing for the adoption of the rules recommended by the Spe cial Rules Committee be adopted and do pass.
Respectfully submitted,
Twitty of Mitchell, Vice-Chairman.

The following Resolution was read and adopted:
HR 6. By Twitty of Mitchell:
A RESOLUTION
BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the Rules recommended by the Special Rules Revision Committee appointed by the Speaker, a copy of which Rules is hereto attached, are hereby adopted as the Rules of the House of Representatives for the 1961-62 Session of the General Assembly of Georgia.
ORGANIZATION
Rule 1. The legislative power of the State shall be vested in a Gen eral Assembly which shall consist of a Senate and House of Represen tatives.
(Ga. Const., art. Ill, sec. I, par. I)
Rule 2. The Senate and House of Representatives shall be organ ized by the secretary or clerk thereof, who shall be ex-officio presiding officer until such officer is elected. No question except one relating to the organization shall be entertained by such officer, and in deciding such question he shall be governed, as far as practicable, by the stand ing rules of the House over which he presides. In the absence of such officer, his assistant may officiate. In the absence of both, the body may appoint a chairman whose powers and duties shall be the same as those of the secretary or clerk.
(Ga. Code Ann., sec. 47-104)
Rule 3. The presiding officer of the House of Representatives shall be styled the Speaker of the House of Representatives, and shall be elected viva voce from the body.
(Ga. Const., art. Ill, sec. VI, par. II)
Rule 4. The President of the Senate and Speaker of the House shall be elected by their respective bodies viva voce, and a majority of votes shall be necessary to a choice. In like manner the Senate shall elect a president pro tern., and the House a speaker pro tern., whose powers and

MONDAY, JANUARY 9, 1961

35

duties, while presiding, or in the absence of the permanent officers, shall be the same.
(Ga. Code Ann., sec. 47-106)
Rule 5. The officers of the two Houses, other than the President of the Senate and Speaker of the House, shall be a President Pro Tempore and Secretary of the Senate and Speaker Pro Tempore and Clerk of the House of Representatives, and such assistants as each House may pro vide for.
(Ga. Const., art. Ill, sec. VIII, par. I)
Rule 6. The Speaker shall assign seats to members; provided that members who were members of the House during the last regular ses sion of the House shall be allowed to sit in the seats which they held during such last regular session.
Rule 7. Each Senator and Representative, before taking his seat, shall take the following oath, or affirmation, to-wit: "I will support the Constitution of this State and of the United States, and on all questions and measures which may come before me, I will so conduct myself, as will, in my judgment, be most conducive to the interest and prosperity of this State."
(Ga. Const., art. Ill, sec. IV, par. V)
Rule 8. It shall be the duty of the Secretary of State to prepare and furnish to each member of the General Assembly, after such mem ber has taken his oath of office, a commission under the signature of the Secretary of State, containing the great seal of the State, showing that such member was a duly elected member of the General Assembly of Georgia, and showing any prior serving in either House of the Gen eral Assembly. The provisions of this section shall apply to the members of the General Assembly, who were elected for the 1951 session thereof and who have taken the oath of office, as well as to all such members of the General Assembly who are elected and take the oath of office for future sessions of the General Assembly.
(Ga. Code Anno., sec. 47-118)
Rule 9. The oaths of office prescribed by Const., Art. Ill, Sec. IV, Par. V ( 2-1605), may be administered to the members of the General Assembly by any Justice of the Supreme Court, Judge of the Court of Appeals, or judge of the superior courts, to be procured by the person organizing each branch.
(Ga. Code Anno., sec. 47-105)
Rule 10. There shall be a secretary of the Senate and clerk of the House of Representatives, elected by the members of each House re spectively, viva voce, and a majority of votes cast is necessary to elect. Their terms of office shall be the time for which the members of the General Assembly are elected.
(Ga. Code Anno., sec. 47-201)
Rule 11. Said officers, their assistants, and engrossing and enroll ing clerks, before entering on the discharge of their duties, shall take an oath before the respective presiding officers of the two Houses to dis-

36

JOURNAL OF THE HOUSE,

charge their duties faithfully and to the best of their skill and knowl edge, of which a minute shall be made and entered on the journals.
(Ga. Code Anno., sec. 47-202)
Rule 12. The Clerk of the House shall take an oath for the true and faithful discharge of the duties of his office, to the best of his knowl edge and abilities, and shall be deemed to continue in office until another is elected.
Rule 13. The President of the Senate and Speaker of the House shall administer the oaths required to the subordinate officers of their respective Houses.
(Ga. Code Anno., sec. 47-203)
Rule 14. Immediately after their election, said secretary and clerk shall each give bond and security in the sum of $5,000, payable to the Governor and his successors in office, and conditioned for the faithful discharge of their respective duties, said bonds to be approved by the President of the Senate and Speaker of the House respectively.
(Ga. Code Anno., sec. 47-204)
Rule 15. The secretary of the Senate shall be paid, per day for each session ..._____...___.___.._....,,...___...__.....___.....__..___.._._.,,_,,,,___.$60.00
The clerk of the House of Representatives shall be paid, per day for each session ____,,.-__..-.___--___...-___.,,__..,,_-_...__..____...___..,,__.. 70.00
The fees of said officers shall be-- For every extract of a private nature, per copy sheet...___.___,,__ .15 ' For certifying an extract of a private nature ._._,,..._....____....__,,__. .50 For certifying an Act for the benefit of an individual, corpo
ration, or society___---____._____.____---___..___...___,,..__.--__________.__..____ 3.00
(Ga. Code Anno., sec. 47-210)
Rule 16. The Clerk shall take special care of the books provided for the use of the House.
Rule 17. Said secretary and clerk shall each select and appoint such assistants as may be necessary for the performance of the clerical work of their respective Houses, including clerks for such standing or special committees as may be allowed a clerk by order of their respective Houses; the compensation of their said assistants shall be fixed by said secretary and clerk respectively, and be paid out of the amounts allowed said secretary and clerk respectively in section 47-210: Provided, how ever, that if either House shall for any purpose employ a stenographic reporter, the cost of such reporter shall not be cons'dered a part of the clerical expenses of such House, but shall be provided for by a special appropriation.
(Ga. Code Anno., sec. 47-208)
Rule 18. No journalizing, recording, enrolling, or engrossing clerk shall be appointed by the secretary of the Senate or clerk of the House of Representatives until such clerk has been examined by the enrolling committee, and certified to his respective House to be competent and well qualified to the discharge of the duties required of him; and such clerk

MONDAY, JANUARY 9, 1961

37

shall be removed at any time upon the recommendation of the enrolling committee of the House in which he is employed.
(Ga. Code Anno., sec. 47-209)
Rule 19. Each House is entitled to a doorkeeper and messenger, to perform such duties as may be required of them, who shall be elected as provided for the election of clerk of the House of Representatives and secretary of the Senate, and who shall receive the same pay as the mem bers of the General Assembly.
(Ga. Code Anno., sec. 47-301)
Kule 20. No doorkeeper or other employee of the House of Repre sentatives or Senate shall sublet his employment or contract in any way, nor shall the person having the appointment of any of said employees consent to any substitution of any other person for any of said employees.
(Ga. Code Anno., sec. 47-302)
Rule 21. Whenever for any reason the person appointed to any of said positions cannot personally discharge the duties of the same, said office shall become vacant, and it shall be the duty of the person in whom is vested the appointing power to appoint another person for such time as the original employee cannot discharge his duties, and the com pensation shall, from the date of such new appointment, be paid to the new employee for the time he shall serve.
(Ga. Code Anno., sec. 47-303)
Rule 22. Whenever the provisions of this Chapter shall be vio lated, and any person shall be substituted for another in violation of the same, neither the person so substituted, nor the person for whom he is substituted, shall receive any compensation out of the State treasury; and it shall be the duty of the State Treasurer, whenever any change shall be made in any of the persons filling any of said positions, to ascertain that the change was made according to the provisions of this Chapter, before paying any money to the new officer or employee.
(Ga. Code Anno., sec. 47-305)
Rule 23. It shall be the duty of the Messenger to attend to the wants of the House while in session, to aid in the enforcement of order, under the direction of the Speaker, and to execute the demands of the House from time to time, together with all such processes issued under its authority, as may be directed to him by the Speaker.
The Messenger, under the direction of the Clerk, shall superintend the distribution by the Pages, of all documents and papers to be dis tributed to the members; he shall distribute to the members the usual and necessary stationery required by them.
Rule 24. Each member of the House shall be allowed a maximum of five "Page Days" during each annual session. One "Page Day" shall be deemed to be utilized by the service of one Page. Said five "Page Days" may be utilized on one legislative day or on separate legislative days in the discretion of the member. No one shall be eligible to serve as a Page who is not at least twelve years of age. A member must make a reservation for each Page at least one week prior to the date on which he wishes such Page to serve.

; 38

JOURNAL OF THE HOUSE,

Rule 25. No person shall be entitled to enter upon the floor of the House except (1) members and officers thereof, (2) members and offi cers of the Senate, (3) the Governor of the State, (4) staff members of the Office of Legislative Counsel, (5) members of the press, telegraph and press associations, radio and television stations, and news reel pho tographers, who bear proper credentials, and (6) such others as the House may allow upon recommendation of the Committee on Rules.
Identification cards, signed by the Speaker and attested by the Clerk, shall be issued to all persons entitled to privileges of the floor under this rule.
The Doorkeeper of the House is specifically charged w*ith the duty of enforcing this rule.
The right is automatically reserved to the Speaker to refuse the issuance of or to revoke cards requested or issued to non-members of the House and Senate and, thereby, prohibit admittance.
Wives and children of the members of the House may be admitted on the floor of the House, provided they shall not be seated at the desk of any member.
No person shall be admitted on the floor of the House who is en gaged in lobbying or who is attempting to influence legislation.

SPEAKER'S POWERS AND DUTIES
Rule 26. In all cases of election by the House, the Speaker shall vote. In other cases he shall not vote unless the House shall be equally divided, or unless his vote, if given to the minority, will make the divi sion equal, and in case of such equal division, the question shall be lost. But in all cases where a fixed constitutional vote is required to pass the bill or measure under consideration, and said bill or measure shall lack only one vote to pass the same, the Speaker shall vote, and his vote so cast shall be counted the same as that of any other member.
Rule 27. All questions as to the priority of business to be acted on shall be decided by the Speaker without debate.
Rule 28. When two or more members shall rise at the same time, the Speaker shall name the person entitled to proceed.
Rule 29. The Speaker shall, in his discretion, suspend irrelevant debate, and command silence whenever he may deem it necessary.
Rule 30. The Speaker may at any time order the roll called on any question, and take the vote by yeas and nays, unless otherwise ordered by the House.
Rule 31. The Speaker may, during a day's sitting, name any mem ber to perform the duties of the Chair during any part of that sitting, but no longer.
Rule 32. Whenever from any cause the Speaker shall be absent, the Speaker pro tempore shall preside. If both shall be absent, the Clerk of the House shall call the House to order and shall preside until the election of a Speaker pro tempore, which said election shall be the first business of the House. The Speaker pro tempore thus elected shall pre-

MONDAY, JANUARY 9, 1961

39

side until the return of one of the first named officers, when his func tions shall cease.
Rule 33. All committees shall be appointed by the Speaker, unless otherwise ordered by the House. The Speaker may create, in his dis cretion, within any standing committee a subcommittee or subcommit tees and constitute the membership thereof. Nothing herein contained shall be construed to limit the authority of the standing committees or the officers thereof.
Rule 34. The Speaker shall have power to cause the galleries and lobbies of the House cleared by the Messenger and Doorkeepers in case of disturbance or disorderly conduct therein, and to cause any person or persons so offending to be arrested and brought before the bar of the House, to be dealt with for contempt of the House.
Rule 35. The Speaker shall have power to suspend the Messenger and Doorkeepers for misconduct or neglect of duty. He shall report any such suspension to the House withm twenty-four hours thereafter for such action as the House may see fit to take.
Rule 36. The Speaker is authorized to employ some person well skilled in legislative draughtsmanship as special clerk for the Commit tee on Auditing, Enrolling and Engrossing, Journals. It shall be the duty of such special clerk to examine every bill or resolution that is ready for engrossing or enrollment and to suggest to the Committee any corrections or additions to either the caption or the bill that are neces sary to perfect the same. The per diem of such special clerk shall be fixed by the Speaker.

GENERAL BUSINESS AND ORDER OF BUSINESS Rule 37. The following shall be the order of business: 1. Scripture reading and prayer by Chaplain. 2. Call of the Roll. 3. Report of the Committee on the Journal. 4. Reading of the Journal. 5. Confirmation of the Journal. 6. Unanimous consents. 7. Motions to reconsider. 8. Introduction of bills and resolutions. 9. First and second readings and reference of House bills and reso lutions. 10. Report of standing committees. 11. Reading of bills and resolutions favorably reported. 12. Third reading and passage of uncontested local bills and reso lutions. 13. First and second readings and reference of Senate bills and resolutions.

40

JOURNAL OF THE HOUSE,

14. Unfinished business of previous session.
15. Orders of the day.
16. Senate amendments to House bills and resolutions and reports of conference committees.
17. House bills and resolutions for third reading.
18. Unless otherwise ordered by the House, Senate bills and reso lutions for third reading or on the Calendar for the purpose of disagree ing to an adverse committee report shall be called on Thursdays.
General bills and resolutions otherwise in order for consideration on Friday or Saturday shall stand over until the following Monday.
Rule 38. It shall be the duty of the Committee on Auditing, En rolling and Engrossing, Journals to read the Journal of each day's pro ceedings, and report to the House that the same is correct before the Journal is read by the Clerk.
The reports of the Committee on Auditing, Enrolling and Engross ing, Journals may be made at any time.
Rule 39. The Committee on Rules, during the last twenty-one days of each session, shall arrange, and fix the calendar for each day's busi ness. Such calendar shall be a standing and continuing special order during said period. No matter shall be taken up or acted on otherwise than in the order fixed by such calendar, except by a three-fourths vote of those voting, provided such three-fourths constitutes a majority of the members elected to the House. During the period of operation under this rule, the calendar or order of business fixed by the Committee on Rules shall be read by the Clerk immediately after the confirmation of the Journal at each morning session and immediately after the roll-call at each afternoon session. Any motion to amend such report, either by striking, inserting, or changing the order, shall be made within the first thirty minutes after the reading of such report. After the reading of such report and announcement by the Speaker that it is in order for such motions to be made the House shall proceed to business under the calendar so fixed, after which no such motion shall be made during that session. No motion to amend the report of the Committee on Rules shall be debatable, during the period of operation under this Rule.
Rule 40. Every motion to make special orders shall be submitted in writing to the Committee on Rules and reported upon by the Commit tee before being submitted to the House.
Rule 41. Any motion to suspend or change the rules or change the order of business shall be decided without debate. Provided, that when ever a report from the Committee on Rules is submitted to the House, the questions arising on said report shall be debatable until the report of the Committee is agreed to, or disagreed to, or the main question is ordered. There shall be no debate, however, on the report of the Com mittee on Rules during the last twenty-one days of the session.
Rule 42. The Rules of this House known as Constitutional rules shall in no case be suspended; all other rules shall in no case be sus pended or changed, and the order of business shall not be changed, ex-

MONDAY, JANUARY 9, 1961

41

cept by a vote of two-thirds of the members voting. Provided, that in order to so change or suspend the rules, or change the order of business, said two-thirds so voting in favor of said change or suspension shall constitute a majority of the members of the whole House.
Rule 43. The roll-call at the opening of each session of the House shall not be dispensed with, except by a vote of a majority of the mem bers voting, or by unanimous consent. The motion to dispense with the roll-call shall be decided without debate. The electric roll-call system may be used to call the roll by the members using the "aye" switch to signify their presence.
Rule 44. The reading of the Journal shall not be dispensed with, except by a vote of a majority of the members voting, or by unanimous consent. The motion to dispense with the reading of the Journal shall be decided without debate.
Rule 45. The several standing committees of the House shall have leave to report by bill or otherwise. The report of the Committee on Rules is in order at any time when the House is not actually engaged in other business.
Rule 46. When a message shall be sent to the House of Represen tatives, it shall be announced at the door of the House by the Door keeper and be respectfully communicated to the Chair by the person through whom it may be sent.
Messages may be received at any time while the door is open, ex cept while a question is being put, or a ballot or a viva voce vote is being taken. A message shall be presented to the House by the Speaker when received, or afterwards, according to its nature and the business in which the House is engaged, or its consideration may, on motion, be ordered by the House.
Rule 47. Questions of privilege shall be, first, those affecting the rights of the House collectively, its safety, dignity, and the integrity of its proceedings; second, the rights, reputation, and conduct of members individually, in their representative capacity only. Questions of privi lege shall have precedence over all other questions, except a motion to adjourn. Provided, that when any matter is pending before the House, no question of personal privilege shall be acted on until the pending question shall be disposed of.
Rule 48. Every motion for information from the Executive De partment, or any other Department of the State Government, shall lie on the table one day. On the following day such motion shall be deemed privileged, and shall be in order for immediately consideration at the request of the author or any other member of the House.
Rule 49. The meetings of the General Assembly shall be held as prescribed in Art. Ill, Sec. IV, Par. Ill of the State Constitution ( 2-1503). The hour of meeting shall be 10 o'clock A.M., and the place at the State Capitol (first meeting).
(Ga. Code Anno., sec. 47-103)
Rule 50. The House shall convene at 10 A.M., Sundays excepted,

42

JOURNAL OF THE HOUSE,

unless otherwise ordered by the House. The hour of adjournment shall be fixed by a majority of said House, on motion without debate.
Rule 51. Each House may punish by imprisonment, not extending beyond the session, any person, not a member, who shall be guilty of a contempt, by any disorderly behavior in its presence, or who shall res cue, or attempt to rescue, any person arrested by order of either House.
(Ga. Const., art. Ill, sec. VII, par. II)
Rule 52. Any member presenting a petition, memorial, or remon strance shall, as concisely as practicable, intimate the name and object of the petitioner, memorialist, or remonstrant, which shall be noted on the Journal, and the paper may then be referred without reading.
Rule 53. For the purpose of making up the budget, the Director of the Budget shall have the power, and it shall be his duty, to require from the proper State officials, including herein all executive and adminis trative officers, bureaus, boards, commissions, and agencies expending or supervising the expenditure of, and all institutions applying for, State moneys and appropriations, such itemized estimates and other information, in such form and manner and at such times as said Director shall direct. The estimates for the Legislative Department, certified by the presiding officer of each House, and of the Judiciary, as certified by the State Auditor, shall be transmitted to the Director in such form and manner and at such time as he shall direct, and shall be included in the budget. The Director may provide for public hearings on all estimates, and may require the attendance at such hearings of representatives of all departments, agencies, boards, commissions or institutions applying for State moneys and appropriations. After such public hearings, and after examination of the estimates submitted, the Director may in his discretion revise all estimates, except those for the Legislative and Judi cial Departments. The Governor-elect may advise and confer with the Director in the preparation and revision of the estimates, and for this purpose he shall have access to all estimates and requests submitted by the departments, agencies, commissions, and institutions, in compliance with the instructions of the Director.
(Ga. Code Anno., sec. 40-402)
Rule 54. No member shall take any books or papers from the possession of the House or Clerk without first acquainting the Clerk and giving him a receipt to return the same in a reasonable time, or on his demand.
Rule 55. When the reading of any paper is called for, and the reading is objected to by any member, whether the paper shall be read shall be determined by a vote of the House without debate.

QUORUM AND ABSENTEES
Rule 56. A majority of each House shall constitute a quorum to transact business; but a smaller number may adjourn from day to day and compel the presence of its absent members, as each house may pro vide.
(Ga. Const., art. Ill, sec. IV, par. IV)
Rule 57. The power to compel the attendance of members, in order

MONDAY, JANUARY 9, 1961

43

to keep or secure a quorum, shall be vested in the Speaker, and to this end he may have the doors of the House closed. When the doors are so closed, no member shall be allowed to retire from the House without first obtaining leave from the House.
The Messenger of the House shall be ex-officio Sergeant-at-Arms of the House, and on order of the Speaker may arrest any absentees and bring them before the House when necessary to secure a quorum as aforesaid.
Rule 58. Whenever the result of a vote taken shall disclose the fact that no quorum of the House is present, or when the Speaker shall offi cially state the fact to the House, it shall be in order for any member to make a motion for a call of the House. When such motion is made, the Speaker shall state the question as follows: "Shall the motion for the call of the House prevail?" and if fifteen of the members present shall vote in the affirmative, the Speaker shall order the Clerk to call the roll of members, and the absentees shall be noted. The doors shall then be closed, after which the names of the absentees shall again be called. Those who do not appear, and who are absent without leave, may, by order of the majority of the members present, be sent for and arrested wherever they may be found by the officers to be appointed by the Messenger for that purpose, and their attendance secured, and the House shall determine upon what conditions they shall be discharged.
Rule 59. Upon the call of all the members, ordinary and extra ordinary, the names of the absentees shall be noted by the Clerk, and shall appear upon the Journal. And it shall be the duty of the Clerk to keep a separate list of the absentees from each day's proceedings, which list shall be entered upon the Journal. The list shall show which of said absentees are absent without leave, which are absent with leave, which are absent for providential causes, and which are absent for business reasons. Said separate list shall be read in the House with the Journal upon which the same is entered.

DEBATE AND DECORUM
Rule 60. When any member is about to speak in debate or deliver any matter to the House, he shall rise from his seat and respectfully address himself to "Mr. Speaker." No member shall be recognized by the Speaker unless said member is at his designated seat.
The member shall be confined to matter in debate and shall not speak more than twice on any subject or more than once until every member choosing to speak shall have spoken.
No member of the House shall occupy the floor longer than one (1) hour in debating any question, unless otherwise ordered by the House. Any motion to limit or extend the time of individual speeches shall be decided without debate. No such motion shall prevail unless it shall receive the affirmative votes of two-thirds of those voting, provided the total vote constitutes a quorum. Such motion may be made at any time that the movant thereof may legitimately obtain the floor.
If any member, in speaking or otherwise, transgresses the rules of the House, the Speaker shall call him to order, in which case the said member shall immediately sit down, unless permitted to explain. The House shall, if appealed to, decide whether to confirm the Speaker's

44

JOURNAL OF THE HOUSE,

action. If the transgressor refuses to submit to the decision of the House, for the first offense he shall be reproved; for the second he shall be fined in a sum not exceeding ten dollars; and if he continues refractory, he may be expelled from the House by a two-thirds vote of the members, which said vote shall be taken by yeas and nays, and recorded on the Journal of the House.
Rule 61. Each House shall be the judge of the election, returns, and qualifications of its members and shall have power to punish them for disorderly behavior, or misconduct, by censure, fine, imprisonment, or expulsion; but no member shall be expelled, except by a vote of twothirds of the House to which he belongs.
(Ga. Const., art. Ill, sec. VII, par. I)
Rule 62. If any member shall be called to order for words spoken, the words excepted to shall be taken down in writing by the Clerk and read. The words excepted to shall then be admitted, denied, or ex plained by the member who spoke them. Thereupon the question of order shall be decided and such other proceedings had as the House may deem proper in regard thereto. Provided, that if, at any fine, the House is acting under the previous question, such question of order, and other proceedings referred to, shall not be taken up for decision until after the previous question and the main question have been dis posed of, or until such future time as may then be ordered by the House. But no member shall be held to answer or be subject to the censure of the House for words spoken in debate if any other member has spoken, or other business has intervened before the exception to the words is taken.
Rule 63. No member shall address the House, except as hereto fore stated, in case of appeals, or interrogate a member who is speaking, except through the Speaker. Should the member speaking decline to be interrupted, the Speaker shall cause the member desiring to inter rogate to be silent.
Rule 64. No member shall refer in debate to any private con versation had with another member, or to any matters which took place in any committee or in the Senate.
Rule 65. The members shall in speaking avoid calling other mem bers by name when they may have occasion to take notice of their observations, but may designate them by their position on the floor or the county they represent.
Rule 66. The members of both Houses shall be free from arrest during their attendance on the General Assembly, and in going thereto, or returning therefrom, except for treason, felony, larceny, or breach of the peace; and no member shall be liable to answer in any other place for anything spoken in debate in either House.
(Ga. Const., art. Ill, sec. VII, par. Ill)
Rule 67. The members of the House shall refrain from private conversation, and preserve silence until a speaking member has taken his seat.
Rule 68. No member shall pass between the Chair and a member

MONDAY, JANUARY 9, 1961

45

while he is speaking. At the time of adjournment no member shall leave his seat until the Speaker retires.
Rule 69. No member shall converse with anyone over the bar of the House.
Rule 70. No member in an intoxicated condition shall be per mitted to enter upon the floor of the House. The Messenger and the Doorkeepers of the House are specially charged with the rigid enforce ment of this rule.
Rule 71. Applause or hisses in the Representative chamber, or in the galleries or lobby, during any speech or legislative proceedings shall be promptly suppressed.

PROTEST AND APPEAL
Rule 72. Should any member of the House be dissatisfied with the ruling of the Speaker on any point, he shall rise and respectfully address the Speaker and say: "I appeal from the decision of the Chair." The Speaker will then state to the House the point ruled on and his decision on it and shall then put the question of appeal to the House as follows: "All in favor of the decision of the Chair standing as the sense of this House will say Aye.--Those opposed will say No." The decision of the House in sustaining or overruling the Speaker shall be final.
Rule 73. All appeals from the decision of the Chair shall be made immediately, and no appeal shall be in order after other business has intervened from the time of the alleged error of the Chair and before said appeal is sought.
Rule 74. On all appeals on questions of order of a personal char acter there shall be no debate.
Rule 75. Where debate is permissible on appeals from the decision of the Chair, any member, after being recognized by the Speaker, may address his remarks directly to the House.
Rule 76. Any member may enter a protest in writing against the action of the House. Said protest shall clearly and succinctly set forth the grounds of such protest. It shall not be argumentative; it shall not arraign or impugn the motive of the House or of any member thereof. Such protest shall be entered by the Clerk upon the Journal of the House.

MOTIONS Rule 77. When any subject is before the House for consideration, or under debate, no motion shall be received, except the following to-wit: 1st. A motion to adjourn. 2nd. A motion to lay on table. 3rd. A motion for the previous question. 4th. A motion to adjourn to a time definite. 5th. A motion to indefinitely postpone.

46



JOURNAL OF THE HOUSE,

6th. A motion to postpone to a day certain.
7th. A motion to commit.
8th. A motion to amend.
9th. A motion to print.
Said motions shall have precedence in the order named.
Rule 78. After a motion is stated by the Speaker, or read by the Clerk, it shall be deemed to be in the possession of the House, but may by unanimous consent be withdrawn by any time before the decision.
Rule 79. A motion made by any member need not be seconded.
Rule 80. No member may make more than one motion at a time. While the motion is being put to the House he must resume his seat, and he is not further entitled to the floor again unless recognized again by the Speaker.
Rule 81. No member shall be allowed to address himself to any question and then make any motion, the effect of which is to cut off debate, without relinquishing the floor.

ADJOURNMENT
Rule 82. The motion to adjourn may be made at any time when the niovant can legitimately obtain the floor.
Rule 83. A motion to adjourn may be made after the motion for the previous question has been sustained. But when the House has voted "that the main question shall be now put," no motion to adjourn is in order; nor shall any motion to adjourn be in order after the Clerk has called the first name of the yeas and nays, and a vote of one member has been given, or after the Speaker has unlocked the roll-call system for voting, or after a division of the House has been had on a vote and the vote is in process of being counted and announced. In such cases the roll-call shall be completed, the vote counted, and the result finally announced before a motion to adjourn shall be in order.
Rule 84. A motion to adjourn is in no instance debatable, nor shall said motion be made a second time until further progress has been made in the business before the House. A motion to adjourn in its simple form shall not be amended.
Rule 85. A motion to adjourn to a particular day, or for a par ticular time, if made when the House is not actually engaged in other business, is debatable, and is amendable as to the day or time proposed.
Rule 86. When a motion to adjourn in its simple form prevails, it adjourns the House to the next sitting day or time in course.
Rule 87. Whenever the hour of adjournment, as fixed by a prior resolution, shall arrive while the vote of the House is being taken by yeas and nays, the session shall continue until the final vote is taken and announced. If said fixed hour of adjournment shall arrive while the House is acting on the main question, after the main question has been ordered, and before the vote on the main question is being taken, either

MONDAY, JANUARY 9, 1961

47

by a division or by the yeas and nays, as aforesaid, the House shall stand adjourned by virtue of said prior resolution.
Rule 88. Neither House shall adjourn for more than three days, or to any other place, without the consent of the other, and in case of disagreement between the two Houses, on a question of adjournment, the Governor may adjourn either, or both of them.
(Ga. Const., art. Ill, sec. VII, par. XXII.)
Rule 89. The General Assembly shall meet in regular session on the second Monday in January, 1955, and annually thereafter on the same day until the date shall be changed by law. By concurrent resolu tion adopted by a majority of members elected to both houses, the General Assembly may adjourn any regular session to such later date as it may fix for reconvening in regular session, but shall remain in regular session no longer than forty (40) days, in the aggregate, in each year during the term for which the members were elected. All business pending in the Senate or House at the adjournment of any regular session may be considered at any later regular session of the same General Assembly, as if there had been no adjournment. Nothing herein shall be construed to affect the power of the Governor to convoke the General Assembly in extraordinary session, or the duty of the Governor to convene the General Assembly in extraordinary session upon the certificate of three-fifths of the members elected to the Senate and the House of Representatives, as provided in Article V, Section I, Para graph XII of this Constitution. If an empeachment trial is pending at the end of any regular or extraordinary session, the Senate may con tinue in session until such trial is completed.
(Ga. Const., art. Ill, sec. IV, par. III.)

TABLING
Rule 90. A motion to lay on the table may be made after the motion for the previous question has been sustained; but, when the House has voted that the main question shall be now put, no motion to lay on the table is in order.
Rule 91. After a yea and nay vote is called on any bill or resolution --the House not acting at the time under the previous question--and one vote has been recorded, or the Speaker has unlocked the roll-call system for voting, no motion to table shall be in order until the roll-call shall have been completed. When any bill or resolution is tabled after the completion of the roll-call and then taken from the table, nothing can be done except to announce the result of said vote as shown by said roll-call at the time said bill or resolution was tabled.
Rule 92. Nothing may be legitimately laid on the table excepting what may be taken up again.
Rule 93. No motion to lay an amendment on the table shall be in order.
Rule 94. Neither the motion to lay on the table nor the motion to take from the table is debatable or amendable.
Rule 95. A motion to lay on the table or to take from the table may be renewed from time to time when new business has intervened between the votes.

48

JOURNAL OF THE HOUSE,

Rule 96. If the motion to lay on the table prevails, it removes from the consideration of the House the measure, together with all the motions1 attached to it at the time.
When a proposition is taken from the table, it stands before the House in the exact form, with all the motions pertaining to it, just as it stood at the time the motion to lay on the table prevailed.
Rule 97. A majority of a quorum voting may take from the table at any time when the House is not engaged on any other measure, any bill, resolution, or paper which has been ordered to lie on the table; and when so taken up the same is thereby restored to its appropriate place on the calendar.

INDEPENDENT POSTPONEMENT
Rule 98. While the motion to indefinitely postpone takes prece dence over a motion to postpone to a day certain, or to commit, or to amend, yet this motion cannot be applied to said motions, nor can it be applied to incidental questions, such as questions of order, reading of papers, withdrawal of a motion, and suspension of a rule.
Rule 99. The motion to indefinitely postpone lays open the whole question for debate, but the motion cannot be amended.
Rule 100. No motion to indefinitely postpone shall be renewed on any bill, resolution, or other measure after the same has been voted down.
Rule 101. When a bill, resolution, or other measure is under con sideration on the final reading thereof, a motion to indefinitely post pone, if decided in the affirmative by a majority of those voting, pro vided the total vote constitutes a quorum, thereby disposes of said bill, resolution, or other measure for the session.

POSTPONEMENT
Rule 102. A motion to postpone to a day certain cannot be applied to subordinate or incidental questions but only to the whole measure. When the motion prevails, it carries forward the whole proposition and its appendages to the day named.
Rule 103. On a motion to postpone a question to a day certain it is not in order to debate the merits of the question. Debate may be allowed, but it shall be confined strictly to the proposition to postpone and to show why one day is preferred to another. It shall be the duty of the Speaker to hold members rigidly to these points.
Rule 104. The motion to postpone to a day certain may be amended by substituting one day for another. In this case the time would be treated as a blank, and the Speaker should treat any such amendment as he would those to fill a blank.
Rule 105. If a day designated is known to be beyond the limits of the session, the Speaker shall treat the motion as one to indefinitely postpone the subject.
Rule 106. If the motion to postpone a bill, a resolution, or other measure, is decided in the negative, the question is left before the

MONDAY, JANUARY 9, 1961

49

House as it was before the motion was made, and a second motion to postpone cannot be made on the same day or at the same stage of the proceeding.
Rule 107. The motion to postpone a bill, resolution, or other measure, to a day certain, when decided in the affirmative by a majority of those voting, providing the total vote constitutes a quorum, removes the subject from before the House until the time designated.

COMMITMENT
Rule 108. Motions to commit may be made to refer a bill, resolu tion, or other measure to a standing or special committee, or Committee of the Whole House.
Rule 109. A motion to commit to a standing committee takes pre cedence over a motion to commit to a special committee, and shall be first voted on. But where a motion is made that a bill, resolution, or other measure be committed to the Committee of the Whole House, this motion shall be put before either of the above named motions.
Rule 110. On a motion simply to commit, no debate shall be allowed, but where instructions are added, the merits of the question may be debated.
Rule 111. A motion to commit may be amended by adding instruc tions, or by substituting another committee for the one named by the member making the motion.
Rule 112. Any proposition that has been referred to any committee, either standing or special, may, on motion, be recommitted to the same or any other committee by a majority of those voting, provided the total vote constitutes a quorum.

RECONSIDERATION
Rule 113. Motions for reconsideration shall be in order immediately after the order of unanimous consent on the day succeeding the action sought to be reconsidered, except that any matter which could not be reconsidered on the succeeding day shall be in order for reconsideration on the day of said action.
Provided, that the movant must have given notice of intention to so move, before the end of the preceding legislative day during which the action sought to be reconsidered took place. The notice of a motion to reconsider shall not be withdrawn after the time has elapsed within which it might originally have been made.
Provided further, that the action of the House on Senate amend ments shall be in order for reconsideration immediately, and not other wise. The action of the House upon a House amendment may be re considered at any time before final action upon the section, bill, or resolution to which the amendment relates.
Rule 114. No matter shall be reconsidered more than once.
Rule 115. All bills reconsidered shall take their place at the foot of the calendar of bills then in order for a third reading.

50

JOURNAL OF THE HOUSE,

ENACTMENT
Rule 116. The Speaker shall not recognize any member at any time, except during the first thirty minutes after the confirmation of the Journal, or after the reading of the Journal has been dispensed with, for the purpose of asking unanimous consent for the introduction of new matter, to read any bill or resolution the second time or any local bill or resolution a third time, to put any local bill or resolution upon its passage, or to recommit a bill or resolution or to withdraw it from one committee and recommit it to another.
The Speaker shall not recognize any member at any time for the purpose of asking unanimous consent to put any general bill or reso lution upon its passage, or to read such bill or resolution and recommit it.
The Speaker shall not recognize any member at any time for the purpose of asking unanimous consent to make a special order, or to change the order of business, except that by unanimous consent an order of business may be fixed for the period of Unanimous Consents.
The Speaker shall not recognize any member at any time for the purpose of asking unanimous consent to cast his vote on any motion, resolution, amendment, bill, or other question.
The Speaker shall entertain but one unanimous consent at any one time.
Rule 117. Any bill may be withdrawn at any stage thereof by consent of the House.
Rule 118. No bill or resolution shall be transmitted to the Senate on the day of the passage thereof unless two-thirds of the members voting, provided the total vote constitutes a quorum, shall so order. Provided, that any bill or resolution which requires action by the Senate, during the last legislative day, shall be immediately transmitted by the Clerk to the Senate.
Rule 119. The Committee on Auditing, Enrolling and Engrossing, Journals shall carefully compare enrolled bills and resolutions, correct any errors that may be discovered in the enrolled bills or other papers, and make their report forthwith to the House.
Rule 120. The engrossed copies of all laws and joint resolutions passed by the General Assembly shall be preserved by the chairman of the enrolling committee, and deposited in the office of the Secretary of State.
(Ga. Code Anno., sec. 47-901.)
Rule 121. All Acts and Joint Resolutions shall be signed by the Speaker and Clerk, and all writs, warrants, and subpoenas issued by order of the House shall be signed by the Speaker and attested by the Clerk.
Rule 122. All acts shall be signed by the President of the Senate and the Speaker of the House of Representatives, and no bill or resolu tion, 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

MONDAY, JANUARY 9, 1961

51

the same or any other title, without the consent of two-thirds of the House by which the same was rejected.
(Ga. Const., art. Ill, sec. VII, par. XIII.)
Rule 123. Each House shall keep a journal of its proceedings, and publish it immediately after its adjournment. The General Assembly shall provide for the publication of the laws passed by each session.
(Ga. Const., art. Ill, sec. VII, par. IV.)
Rule 124. The original journal shall be preserved after publication, in the office of the Secretary of State, but there shall be no other record thereof.
(Ga. Const., art III, sec. VII, par. V)

INTRODUCTION AND READING
Rule 125. No bill or resolution requiring the concurring vote of the Senate for passage shall be introduced unless the same shall have been filed in the office of the Clerk before 10:00 A.M., on the previous day. However, such a bill or resolution may be introduced on the second day of any regular, adjourned, or special session if it shall have been filed in the office of the Clerk before 12:00 noon of the first day of such session.
Rule 126. Each member is requested to introduce two copies of each bill or resolution. One copy shall be filed by the Clerk in the office of the Speaker, and the other shall be given to the press.
Rule 127. All bills and resolutions shall be in writing and shall have the name of the member introducing the same, as well as the county he represents, indorsed on the back of the same; and in the case of bills the caption of the bill shall also be indorsed on the same.
Rule 128. No law shall pass which refers to more than one subject matter, or contains matter different from what is expressed in the title thereof.
(Ga. Const., art. Ill, sec. VII, par. VIII.)
Rule 129. No law, or section of the code, shall be amended or re pealed by mere reference to its title, or to the number of the section of the Code, but the amending, or repealing act, shall distinctly describe the law to be amended or repealed, as well as the alteration to be made.
(Ga. Const., art. Ill, sec. VII, par. XVI.)
Rule 130. No local or special bill shall be passed, unless notice of the intention to apply therefor shall have been published in the news paper in which the sheriff's advertisements for the locality affected are published, once a week for three weeks during a period of sixty days immediately preceding its introduction into the General Assembly. No local or special bill shall become law unless there is attached to and made a part of said bill, a copy of said notice certified by the publisher, or accompanied by an affidavit of the author, to the effect that said notice has been published as provided by law. No office to which a person has been elected shall be abolished, nor the term of the office shortened or lengthened by local or special bill during the term for

52

JOURNAL OF THE HOUSE,

which such person was elected unless the same be approved by the people of the jurisdiction affected in a referendum on the question. When any local law shall add any member or members to any municipal or county governing authority, the member of which are elected by the people, such local law must provide that the member or members so added must be elected by the qualified voters of the political subdi vision affected under such rules as the General Assembly may in said law provide.
(Ga. Const., art. Ill, sec. VII, par. XV.)

Rule 131. No local or special bill shall be passed, unless notice

of the intention to apply therefor shall have been published in the news

paper in which the sheriff's advertisements for the locality affected are

published, once a week for three weeks during a period of 60 days

immediately preceding its introduction into the General Assembly. No

local or special bill shall become law unless there is attached to and

made a part of said bill a copy of said notice certified by the publisher,

or accompanied by an affidavit of the author, to the effect that said

notice has been published as provided by law. No office to which a

person has been elected shall be abolished, nor the term of the office

shortened or lengthened by local or special bill during the term for which

such person was elected unless the same be approved by the people of

the jurisdiction affected in a referendum on the question. Where any

local law shall add any member or members to any municipality or

county governing authority, the members of which are elected by the

people, such local law must provide that the member or members so

added must be elected by a majority vote of the qualified voters of the

political subdivision affected.

*

(Ga. Code Anno., sec. 47-801.)

Rule 132. The Clerk shall, as soon as possible after any bill or resolution of general application is filed in his office, cause the same to be printed and a copy thereof distributed to each member forthwith. Whenever any such bill or resolution of general application shall be reported back by the committee to which it was referred with the recom mendation that it do pass as amended, the Clerk shall cause the recom mended amendment to be printed and copies thereof to be distributed to each member. No bill or resolution of general application shall be placed on its passage unless copies of the same and any committee amendments shall have been printed and distributed to the members prior to consideration for passage. The House may at any time by a vote of a majority of those voting, provided the total vote constitutes a quorum, suspend action upon any pending bill or resolution of general application until all amendments offered thereto on the floor shall have been printed and distributed to the members.

Rule 133. All bills and resolutions shall be called in the numerical order in which they stand on the calendar. Provided, that the General Appropriation Bill shall have precedence on third reading over all other matters, even Special Orders, until final disposition of the said Bill.
So that the proper numerical order may be accurately and fairly determined as between bills and resolutions, it shall be the duty of the Clerk to place on each bill and resolution, as same is read the first time, a numoer following the numerical order in which said bills and resolu-

MONDAY, JANUARY 9, 1961

53

tions are read the first time, adopting one series of numbers and the same series of numbers for both bills and resolutions.
Before reading any bill or resolution the second or third time, the Clerk shall distinctly state its number and the name of the member by whom introduced.
Rule 134. A motion to engross a bill may be made upon reading the bill the first time, and at no other time. When a motion to engross is made, no debate shall be permitted, except that the movant may speak to his motion not longer than five minutes, and any one other member of the House may speak in opposition thereto for five minutes. No bill or resolution shall be engrossed except upon the affirmative vote of two-thirds of the members voting, provided the total vote con stitutes a quorum. No member shall be recognized at any time for the purpose of asking unanimous consent to engross a bill or resolution. In case of engrossment of any bill or other matter the entry thereof shall be made by the Clerk, and the bill or other matter shall not be amendable thereafter unless subsequently committed.
Rule 135. Every bill, before it shall pass, shall be read three times, and on three separate days, in each House, unless in cases of actual invasion, or insurrection, but the first and second reading of each local bill, shall consist of the reading of the title only, unless said bill is ordered to be engrossed.
(Ga. Const., art. Ill, sec. VII, par. VII)
Rule 136. Whenever any bill or resolution having the force and effect of law is filed, and read the first time on the succeeding day, said bill or resolution as a matter of course shall automatically be passed to a second reading on the legislative day following the first reading on the legislative day following the first reading--any other provisions of these rules to the contrary notwithstanding.
No debate shall be admitted upon any bill at the first or second reading.

USE OF COMMITTEES
Rule 137. Upon the introduction of any bill or resolution or other matter, requiring reference to a committee, the Speaker shall as a mat ter of course and without debate commit the same to the proper commit tee, unless otherwise ordered by the House.
When motion is made to refer a bill or resolution to a committee other than the one to which it is referred by the Speaker, no debate shall be permitted unless instructions are added. Even when instructions are added no debate shall be permitted, except that movant may speak to his motion not longer than five minutes, and any one other member of the House may speak in opposition thereto for five minutes.
All resolutions providing for appointment of committees of inquiry or investigation, and any and all other resolutions not privileged, except motions for information from the Executive Department and any other Department of the State Government, shall be referred by the Speaker to the appropriate committee, unless by order of the House referred to some other committee.

54

JOURNAL OF THE HOUSE,

Rule 138. No Committee of the Whole or other committee shall deface or interline a bill, resolution or other paper referred to said com mittee, but shall report any amendment recommended on a separate paper, noting the section, page, or line to which said amendment relates.
Rule 139. All reports of a committee shall be in writing, and the minority of a committee may make a report in writing, setting forth succinctly the reasons for their dissent. Each committee shall, wherever practicable, include with their report on each general bill or resolution a brief resume of the bill and the reasons for the action taken by the committee. If the committee shall so order, the Clerk shall have such report printed and distributed to the members of the House.
Rule 140. In cases where the report of a committee is favorable to the passage of a bill or resolution, the same shall be passed to a third reading without question. If the report of a committee is adverse to the passage of a bill or resolution, the question shall be on agreeing to the report of the committee. Provided, that House and Senate bills and resolutions adversely reported shall not be taken up except by request of the authors of such bill or resolution, or some member of the House, which request must be made not later than adjournment of the next legislative day following the unfavorable committee report. In such case the motion to disagree shall be placed on the calendar. If the report of the committee is agreed to, the bill or resolution shall be lost. If the report of the committee is disagreed to, the bill or resolution shall be passed to a third reading, unless recommitted.
Rule 141. Where a bill or resolution has been referred to and re ported by more than one committee, or has been reported and recom mitted to the same committee, the last committee report shall be acted on by the House; and in all cases the report of the Committee of the Whole House shall be first acted on by the House.
Rule 142. Whenever any bill or resolution has been referred to a committee, and the committee has held the bill or resolution in the cus tody or control for ten days without reporting on same, the author of such bill, or any member of the House, shall have the right immediately after the confirmation of the Journal, to give notice that at the next regular meeting of the House he will submit a motion instructing such committee to report such bill back to the House. After which, on the next regular meeting day of the House, any member of the House, immediately after the confirmation of the Journal, may move to instruct such com mittee to report such bill or resolution back to the House. If the motion prevails, it shall be the duty of such committee to report such bill or resolution accordingly, with or without recommendation, as the case may be, at the next regular session. Upon failure of said committee to report such bill accordingly, the same shall automatically be returned to the House for consideration. Debate on said motion to instruct such com mittee to report such bill or resolution back to the House shall be limited to twenty minutes, unless otherwise ordered by the House. When such bill or resolution is so reported or returned to the House, it may be referred or committed as other bills or resolutions.
Provided, that any motion or resolution to set a special order, or to change the order of business for any particular day, which has been referred to the Committee on Rules, may be held in the custody and control of such committee only three days.

MONDAY, JANUARY 9, 1961

55

It shall be the duty of the committee to which any measure provid ing for an appropriation is referred, to report such bill or measure back to the House at least fifteen days prior to the last day of the session, regardless of any such notice or motion by the author or any other member.
COMMITTEE OF THE WHOLE
Rule 143. The Speaker may resolve the House into a Committee of the Whole without a motion being made therefor whenever a bill or reso lution, required by the rules of the House to be considered in the Com mittee of the Whole, shall be in order for consideration on its third read ing.
Rule 144. The House, on motion of a member, may resolve itself into a Committee of the Whole House by a majority of those voting, provided that the total vote constitutes a quorum. Provided, that notice of intention to make such motion shall be given during the session of the preceding day. Individual speeches on such motion shall be limited to three minutes. If such notice shall not have been given, the motion shall prevail if it shall receive the affirmative votes of two-thirds of those voting, if the two-thirds constitutes a majority of all of the members elected to the House. Provided further, that whenever the House, either by its own vote or by unanimous consent, shall commit any bill or reso lution to the Committee of the Whole House, and, subsequently, a motion shall be made to resolve the House into a Committee of the Whole to consider such bill or resolution, and such motion shall be lost, the said motion shall not be again renewed; but it shall be the duty of the Speaker to require the Clerk to read the bill or resolution again on the following day's session under the order of introduction of new matter or reading of bills the first time, and to refer such bill or resolution to the appro priate committee, unless otherwise ordered by the House. However, for the consideration of the General Appropriation Bill, the House may on motion of a member, resolve itself into a Committee of the Whole House by a majority of those voting, provided the total vote constitutes a quorum, and no previous notice shall be necessary.
Rule 145. In forming a Committee of the Whole House the Speaker shall leave the Chair, and a Chairman to preside in committee shall be appointed by the Speaker.
Rule 146. The Committee of the Whole shall not proceed with the business before it whenever a vote on any question shall disclose the fact that no quorum of the House is present. Whenever it is suggested that a quorum is not present, the Chairman of the Committee shall satisfy himself of the fact by actual count of the Committee, and shall report the same to the Committee; and the Chairman shall, on his own motion, order that the Committee immediately rise, and he shall report the fact of the absence of a quorum to the House.
Rule 147. In the Committee of the Whole, bills shall be first read throughout by the Clerk, and then again be read or debated by clauses, or sections, leaving the preamble to be last considered, unless otherwise ordered.
Rule 148. The Rules of the House shall be observed by the Com mittee of the Whole, so far as they may be applicable, except that the Committee of the Whole can not refer a matter to any other committee;

56

JOURNAL OP THE HOUSE,

it can not adjourn; the previous question can not be enforced; a motion to lay on the table or to indefinitely postpone shall not be in order; a member may speak as often as he may obtain the floor; no call of the House shall be in order, and votes shall not be taken by yeas and nays.
Rule 149. A motion to reconsider shall be in order in the Committee of the Whole.
Rule 150. The Speaker may in the Committee of the Whole take part in the proceedings; and he, as well as all other members, shall vote on all questions before the Committee, unless excused. No pairing of members shall be recognized or allowed in the Committee of the Whole.
Rule 151. In the Committee of the Whole, any papers in the pos session of the House may be called for by any member, and read by the Clerk for the information of the Committee, unless the Committee shall otherwise order.
Rule 152. The Chairman of the Committee of the Whole shall have power to have the galleries or lobbies cleared in case of any disorderly conduct therein.
Rule 153. A Committee of the Whole House can not punish dis orderly conduct of its members, but must report the same to the House for action thereon.
Rule 154. If, at any time in the Committee of the Whole, it shall be desired to close the debate, or to limit the time allowed members for speaking, the Committee may rise and report its desire to the House, and the House shall take such action thereon as it may see fit, by a resolution. Said resolution shall apply only to the subject-matter before said committee. When said resolution has been agreed to or refused by the House, the action of the House shall be deemed the sense of the Com mittee, and the House may then, on motion, again resolve itself into a Committee of the Whole and continue the consideration of the subject.
Rule 155. In the event that a Committee of the Whole House at any sitting, for want of time, shall fail to complete any matter under con sideration, it may, on motion, at any time, rise, report progress, and have leave to sit again, generally, or at a day certain.
Rule 156. A motion "that the Committee rise, report progress, and ask leave to sit again" may be made at any time, when the movant can legitimately obtain the floor. Such motion shall take precedence over all other motions, and shall be decided without debate. When it prevails, the Committee shall immediately rise. When the regular hour for adjourn ment of the House arrives, the Committee shall automatically rise and the Speaker shall assume the Chair.
Rule 157. When the Committee of the Whole has disposed of bills, resolutions, or other measures before it, by motion and question, it shall rise, and the Chairman shall be instructed to report the action of the Committee to the House. At this point the Speaker shall resume his seat, and the Chairman shall return to the floor and shall state in substance as follows: "Mr. Speaker, the Committee of the Whole House has had under consideration [naming what] and has instructed me, as its Chair man, to report the same back to the House, with the recommendation that the same do pass" [or "do pass as amended," or "do not pass," as the case may be].

MONDAY, JANUARY 9, 1961

57

The Speaker shall receive this report and repeat the same, and the matter shall then be before the House for action, just as though reported by any other committee.
Rule 158. Amendments offered to an amendment in the Committee of the Whole shall not be reported to the House, but the report shall contain only the result of the Committee's action on the bill, resolution, or measure under its consideration.
Rule 159. Amendments proposed by the Committee of the Whole may be amended or rejected by the House, and matters stricken out by the Committee may be restored by the House.
Rule 160. The proceedings of the Committee of the Whole shall not be recorded in the Journal of the House, except so far as reported to the House by the Chairman of said Committee.

AMENDMENT
Rule 161. There are three ways in which a proposition may be amended, to-wit:
1st. By inserting or adding words.
2nd. By striking out words.
3rd. By striking out and inserting words.
An amendment is itself subject to be amended, in all three of the ways above mentioned, but it is not permissible to amend an amendment to an amendment.
Rule 162. A substitute shall be treated as an amendment in these rules unless it is clearly indicated otherwise.
Rule 163. All motions to amend any matter before the House must be in writing. They must plainly and distinctly set forth the amendment desired and the part of the bill or resolution where said amendment shall be inserted or added.
Rule 164. Any irrelevant amendment or amendment which is not germane to the subject under consideration shall be ruled out of order by the Speaker.
Rule 165. No motion on a subject different from that under con sideration shall be admitted under color of amendment.
Rule 166. Where blanks occur in any proposition, they must be filled first before any motion is made to amend the proposition.
Rule 167. When a bill or resolution is before the House for con sideration, and amendments are pending thereto, and a substitute shall be offered for said bill or resolution, and an amendment shall be offered to said substitute, it shall be in order for the House to perfect first the original bill or resolution, and then perfect the substitute. The ques tion shall then be on agreeing to the substitute as amended, if it be amended; and, if decided in the affirmative, the question shall be, "Shall this bill pass," or "resolution be adopted," as the case may be, "by substitute."

58

JOURNAL OF THE HOUSE,

Rule 168. When a motion is made to amend by striking out a part of a bill or resolution, any amendment offered to perfect the part pro posed to be stricken shall be put first before the question is put for striking it out.
Rule 169. On all questions, whether in committee or in the House, the last amendment, the most distanct day, and the largest sum shall be first put.
Rule 170. The caption or preamble of a bill or resolution shall not be considered or amended until the measure has been perfected.
Rule 171. After commitment of a bill, and report thereof to the House, it may be amended before the report of the committee is agreed to by the House; but the amendments, if any, reported by the committee, shall be disposed of before any other amendment be considered, unless it be an amendment to a committee amendment.
Rule 172. An amendment cannot be offered after the report of the committee to which the bill or resolution under consideration was re ferred, has been agreed to by the House, unless said action of the House, in so agreeing to said report of said committee, shall first be recon sidered
Rule 173. When a motion is made to amend by striking out and inserting, the Clerk shall read the paragraph as it is, then the words to be stricken out, and finally the whole paragraph as it would be if amended.
Rule 174. When a proposition consisting of several sections or resolutions is on a final reading, and the House shall agree to a motion to consider the same by sections or paragraphs, the Clerk in reading the same shall pause at the end of each section or resolution; and the amendments thereto shall be offered as the several sections or reso lutions are read. But the amendments offered by the committee to which said bill or resolution was referred shall be read by the Clerk without any motion being made. When a section or resolution shall have been considered it is not in order to recur and amend it.
Rule 175. The questions which arise before the House respecting amendments by the Senate to a House bill or resolution are, in order of precedence:
1st. A motion to agree to the Senate amendment.
2nd. A motion to disagree with the Senate amendment.
3rd. A motion to recede from the House's disagreement or amend ment.
4th. A motion to insist on the House's disagreement or amendment.
5th. A motion to adhere to the House's disagreement or amend ment.
The Speaker is authorized on his own motion, or upon point of order being made, when in his opinion a Senate Amendment to a House Bill is not germane, to rule out such amendment. The effect of such ruling of the Speaker, if not appealed from or if appealed from and

MONDAY, JANUARY 9, 1961

59

the appeal not sustained, shall be the same as a vote of the House to disagree, and the Clerk shall so report it to the Senate. Such point of order shall take precedence over a motion to agree.
Provided, that when any question of disagreement with the Senate arises, the following motions shall be in order at any time the movant can legally obtain the floor: 1st, a motion to insist upon the House position; 2nd, a motion to recede from the House position. Debate thereon is limited as in the case of reconsideration. These motions shall be put in the order listed, subject to disposition by the House of any amendments affecting the matter in disagreement.
Rule 176. A motion to amend an amendment, made by the Senate to a House bill or resolution takes precedence over a motion to agree or disagree to said amendment.
Rule 177. When any bill or resolution which originated in the House has been amended in the Senate, and is before the House for action on the Senate amendment, an amendment may be offered in the House to the Senate amendment; but the House amendment to the Senate amendment cannot be further amended. It must be agreed to or voted down.
Rule 178. A Senate amendment to a House bill or resolution must be adopted by the vote required to pass the bill, resolution, or matter under consideration. Any rule contravening the letter or spirit of this Rule is hereby repealed.
Rule 179. Whenever any member moves that a Committee of Con ference be appointed, on disagreeing votes or other matters of the two houses, and said motion prevails, the Speaker shall appoint three (3) members for the Committee, who voted in the majority on the position assumed by the House, if such vote has been had.
The Committee of Conference may consider the whole subject matter embraced in a bill, resolution, or other matter before it, and may recommend recision by either house, new amendments, new bills and resolutions, or other germane changes, unless instructed otherwise by the House on motion, before the members of the Conference Com mittee are appointed.
A report of a Committee of Conference must be approved by a majority vote of the entire membership of the Committee, before the report may be transmitted to either the Senate or the House.
After a Committee of Conference has been in existence for five (5) days and has failed to make a report to the House on the question under consideration, the House, on motion' and by a majority vote of all members elected to the House, may discharge the House conferees and appoint new conferees, instruct said House conferees, or make any other motion not contrary to the rules of the House. Provided, that during the last five (5) days of the session the above motions may be made and passed at any time, but not more often than every three (3) hours.
All Conference Committee reports shall be printed and distributed to the Representatives prior to consideration of the same, unless the printing of the same be dispensed with by a majority vote of all members elected to the House.

60

JOURNAL OF THE HOUSE,

Any Conference Committee report must be adopted by the vote required to pass the bill, resolution, or matter under consideration.

PREVIOUS QUESTION
Rule 180. The previous question may be called and ordered upon a single motion, or an amendment, or it may be made to embrace all authorized motions or amendments, and include the entire bill.
Rule 181. Any member may call for a division of the question on a subject in which the sense thereof will admit of it.
Rule 182. The member calling for a division must state what defi nite parts, and how many he would have the question divided into. Each part of the divided proposition must be so distinct that if taken away the remainder can stand by itself as a consistent and entire unit.
A qualifying paragraph, an exception, or a proviso, if taken from that to which it belongs, would not contain a distinct or entire propo sition.
A motion to "strike out and insert" is an indivisible proposition.
Rule 183. The motion for the previous question shall be decided without debate, and shall take precedence over all other motions except a motion to adjourn, or to lay on the table. Neither of said motions shall be made more than once, until after the previous question has been exhausted. When it is moved, the first question shall be, "Shall the motion for the previous question be sustained?" If this be decided by a majority of those voting, provided the total vote constitutes a quo rum, and the next question, to-wit: "Shall the main question be now put?" is decided in the affirmative by a majority of those voting, pro vided the total vote constitutes a quorum, all other motions, except one to reconsider the action in ordering the main question, will be out of order and the House cannot adjourn until the previous question is exhausted, or the regular hour of adjournment arrives.
But no motion to reconsider the action of the House in ordering the main question shall be in order after the Clerk has called the first name on call of the yeas and nays, and the vote of any member has been given, or the Speaker has unlocked the roll-call system for voting, or after a division of the House has been had on the vote, and the vote is in process of being counted and announced; in such cases the roll-call shall be completed, the vote counted, and the result finally announced.
Rule 184. When the previous question has been ordered, the House shall then proceed to act on the main question without debate, except that before the main question is put, twenty minutes shall be allowed to close the debate to the committee whose report of the bill or other measure is under consideration. If the report of the committee is ad verse to the passage of the bill, or other measure, the introducer of the bill shall be allowed twenty minutes before the time allowed to the committee. The Chairman of the committee, or the introducer of the bill or other measure, may yield the floor to such members as he may indicate for the time, or any part of it, allowed under this rule. This rule shall not be construed to allow the twenty minutes above referred to, to be used more than once on any bill or measure, and then on the final passage of the bill or measure.

MONDAY, JANUARY 9, 1961

61

In all cases where a minority committee report has been submitted on any matter, if the previous question is ordered, there shall be twenty minutes allowed to the member whose name is first signed to said minority report, or to such member or members as he may indicate, for the time so allowed, or any part of it, before the twenty minutes allowed to the Chairman submitting the majority report.
Rule 185. A call of the House shall not be in order after the previous question is ordered, unless it shall appear upon an actual count by the Speaker that a quorum is not present.
Rule 186. All incidental questions of order arising after a motion is made for the previous question, and pending such motion, shall be decided, whether on appeal or otherwise, without debate.
Rule 187. The effect of the order that the main question be now put is to bring the House to a vote on pending questions in the order in which they stood before it was moved.
Rule 188. After the main question has been ordered, a motion to reconsider this action will, if adopted, have the effect to repeal the ordering of both the main question and the previous question, and will leave the pending measure again open to debate and amendment. The motion to reconsider the ordering of the main question can be made only once, and if lost, or if the main question is again subsequently ordered on the pending measure, no second motion to reconsider the ordering of the main question shall be entertained.

VOTING
Rule 189. No bill shall become a law unless it shall receive a majority of the votes of all the members elected to each House of the General Assembly, and it shall, in every instance, so appear on the Journal.
(Ga. Const., art. Ill, sec. VII, par. XIV.)
Rule 190. In the event no specific vote is provided in these rules for the passage of any resolution, motion, or measure, which will not become a. law, the vote for such passage must be by at least a con stitutional majority of members elected to the House, unless enacted by unanimous consent.
Rule 191. No member shall be permitted to cast his vote on any motion, resolution, amendment, bill, or other question, until the question is put to the House by the Speaker by viva voce vote, or division of the House, or until after the roll call has begun.
Rule 192. The Speaker's method of stating a question or any motion after the same has been read to the House by the Clerk, shall be as follows: "All in favor of the motion will say Aye.--Those opposed will say No." When a decision seems doubtful to the Speaker, or when a division of the House is called for by any one member of the House, the Speaker shall call upon the members in favor of the motion to rise. After a count is had by the Clerk, he shall call upon the members to reverse their positions, and the Speaker shall announce the result.
Rule 193. When less than a quorum vote on any subject under

62

JOURNAL OF THE HOUSE,

consideration by the House, the Speaker may order the doors of the House to be closed and the roll of members called by the Clerk, or the electric roll-call system. If it is ascertained that a quorum is present, either by answering to their names or by their presence in the House, the refusal of any member present to vote, unless excused, shall be deemed a contempt of the House.
Rule 194. After the main question is ordered, any member may call for a division of the House in taking the vote, or may call for the yeas and nays; if the call for the yeas and nays is sustained by onefifth of the members voting, the vote shall be taken by the yeas and nays and so entered on the Journal.
Rule 195. A motion for the call of the yeas and nays shall be decided without debate.
Rule 196. On the call of the yeas and nays, the Clerk shall read the names of the members after they have been called, and no member shall be permitted to change his vote, unless he at that time declares that he voted under a mistake of the question. When the electric rollcall system is used, this rule shall not be applicable.
Rule 197. When the question is put every member within the hall shall vote, unless he is immediately and particularly interested therein or unless he is excused by the House. A motion to excuse a member from voting must be made before the House divides, or before the call of the yeas and nays is commenced, and it shall be decided without de bate, except that the member making the motion may briefly state the reason why, in his opinion, it should prevail.
Rule 198. No member shall vote upon any question in the result of which he is immediately and particularly interested. In every case where the seat of a member is being contested, the sitting member and the contestant shall both retire from the House before the vote is taken.
Rule 199. No pairing of members shall be recognized or allowed as an excuse for not voting.
Rule 200. No member or person shall vote for or attempt to vote for another member on any question or proposition. Violation of this rule shall be deemed to be disorderly behavior and subject to punish ment as provided by the Constitution and Rules of the House.
Rule 201. No member shall be permitted to explain his vote during a roll call, but he may reduce his explanation to writing in not more than 200 words. If this writing is filed with the Clerk on the same day as the roll call, the writing shall be spread upon the Journal.
Rule 202. During the calling or reading of yeas and nays on any question no debate shall be had.
Rule 203. Verification of a roll call vote may be dispensed with only by unanimous consent; the Speaker shall not entertain a motion to that effect. When the electric roll-call system is used, no verification of the roll call vote is required.
Rule 204. In all rules providing for the taking of yeas and nays the electric roll-call system shall be used, and shall have the force and

MONDAY, JANUARY 9, 1961

63

effect of a roll-call taken as provided in these rules, except the Speaker may order the Clerk to take a viva voce roll-call, unless otherwise ordered by the House. In the event the electric roll-call system is out of operating order, the Speaker shall order a viva voce roll-call. On all other questions or propositions, the Speaker may in his discretion order a roll-call on the electric roll-call system or a viva voce roll call unless otherwise ordered by the House.
When the House is ready to vote upon a question requiring a rollcall, and the vote is to be by electric roll-call, the Speaker shall state: "The question is on [designating the matter to be voted upon]. All in favor of such question shall vote Aye, and all opposed shall vote "No." The Speaker shall then unlock the voting machine.
When sufficient time has elapsed for each member to vote, the Speaker shall ask: "Have all members voted?", and after a short pause shall ask: "Does any member desire to change his vote before the machine is locked?"
The Speaker shall then lock the machine and state: "The Clerk will now take the vote." After the machine is locked by the Speaker, no member may change his vote, and the votes of tardy members will not be recorded. The Clerk shall count the votes, and the Speaker shall then announce the results.
Rule 205. Each member shall vote from his own seat when the yeas and nays are taken by the electric roll call, and during such a vote no person shall be allowed upon the floor of the House except the members and attaches thereof.
Rule 206. Whenever the Constitution requires a vote of two-thirds of either or both houses for the passage of an act or resolution, the yeas and nays on the passage thereof shall be entered on the Journal.
(Ga. Const., art. Ill, sec. VII, par. XIX.)
Rule 207. The yeas and nays on any question shall, at the desire of one-fifth of the members present, be entered on the Journal.
(Ga. Const., art. Ill, sec. VII, par. VI.)
Rule 208. Whenever on any question the yeas and nays shall have been ordered, the Clerk shall also enter on the Journal the names of those members not voting.
GOVERNOR'S ACTION
Rule 209. The Governor shall have the revision of all bills passed by the General Assembly before the same shall become laws, but twotnirds of each house may pass a law notwithstanding his dissent; and if any bill should not be returned by the Governor within five days (Sundays excepted) after it has been presented to him, the same shall be a law; unless the General Assembly, by their adjournment, shall prevent its return, in which event the Governor shall have thirty days (Sundays excepted) from the date of adjournment in which to approve the same, and if not approved within that time, the same shall not become a law. He may approve any appropriation, and disapprove any other appropriation, in the same bill, and the latter shall not be effectual, unless passed by two-thirds of each House.
(Ga. Const., art. V, sec. I, par. XV.)

64

JOURNAL OP THE HOUSE,

Rule 210. Every vote, resolution, or order, to which the concurrence of both houses may be necessary, except on a question of election or adjournment, shall be presented to the Governor, and before it shall take effect be approved by him, or, being disapproved, shall be repassed by two-thirds of each house, provided, however, that nothing contained in this Article shall be construed to confer on the Governor the right to veto or enter his disapproval of any proposal made by the General Assembly to amend the Constitution.
(Ga. Const., art. V, sec. I, par. XVI.)
Rule 211. No provision in this Constitution for a two-thirds vote of both houses of the General Assembly shall be construed to waive the necessity for the signature of the Governor as in any other case, except in the case of the two-thirds vote required to override the veto, to submit constitutional amendments, and in case of prolongation of a session of the General Assembly.
(Ga. Const., art. Ill, sec. VII, par. XXI.)

COMMITTEE ORGANIZATION AND FUNCTIONING
Rule 212. The Speaker shall appoint the following standing com mittees :
1. Agriculture. 2. Appropriations. 3. Auditing, Enrolling & Engrossing, Journals. 4. Banks and Banking. 5. Defense and Veterans Affairs1. 6. Education. 7. Highways. 8. Hygiene and Sanitation. 9. Industrial Relations. 10. Industry. 11. Insurance. 12. Interstate Cooperation. 13. Judiciary. 14. Local Affairs. 15. Motor Vehicles. 16. Natural Resources. 17. Rules. 18. Special Judiciary. 19. State Institutions & Property. 20. State of Republic. 21. Temperance. 22. University System of Georgia. 23. Ways and Means. 24. Welfare.

MONDAY, JANUARY 9, 1981

65

No member of the House shall be appointed to or serve on less than two (2) or more than three (3) standing committees of the House, with the exception of the Committee on Interstate Cooperation.
The Speaker shall be an ex-officio member of all standing com mittees of the House, but shall have no vote as an ex-officio member except on the Committee on Rules, of which he shall be Chairman. The Vice Chairman of the Rules Committee shall be an ex-officio member of the Appropriations, State of Republic, and Ways and Means Com mittees.
The Chairman and Vice Chairman of the Committee on Appropri ations shall be ex-officio members of the Committee on Ways and Means, and the Chairman and Vice Chairman of the Committee on Ways and Means shall be ex-officio members of the Committee on Appropriations.
The Speaker shall appoint a Chairman, a Vice Chairman, and a Secretary for all standing committees and for all subcommittees created by him.
Rule 213. After the announcement of the standing committees, no other members shall be placed thereon; except that when members have been elected to fill vacancies caused by death or otherwise, the Speaker may assign said members to such committees as he may see fit, and he may fill any vacancy in the offices of Chairman, Vice Chairman, or Secretary.
Rule 214. Each committee or subcommittee shall first meet upon the call of the Chairman and perfect its organization. After the organi zational meeting each committee or subcommittee shall meet upon the call of its Chairman; provided, that the Vice Chairman may call a meeting of the committee or subcommittee if he obtains a certificate from the Speaker certifying that the Chairman is incapacitated, or if he is directed in writing by the Chairman to so call the meeting to consider such measures as specified by the Chairman. All subcommittees shall be subject to the will of their parent standing committees and the officers thereof. No bill shall be reported to the House until it has been acted upon by the full standing committee, and all actions of any sub committee shall ba approved or disapproved by the standing committee.
The Secretary of each standing committee or subcommittee shall keep minutes of the meetings of the committee or subcommittee, as directed by the Chairman. These records shall be available to any member of the House, but shall not be matters of public record.
Rule 215. The Chief Justice Emeritus and the Associate Judge Emeritus shall constitute the Advisory Appellate Council.
(Ga. Code Anno., sec. 24-4608.)
Rule 216. It shall also be the duty of the said Advisory Appellate Council to consult with the Attorney-General and the assistants to the Attorney-General upon legal matters when their advice and consultation is requested. It shall further be the duty of the said Advisory Appellate Council to consult with committees of the General Assembly, and to furnish advice and information to said committees of the General As sembly upon questions of law when their advice and assistance is requested.
(Ga. Code Anno., sec. 24-4610.)

66

JOURNAL OF THE HOUSE,

Rule 217. The Auditing, Enrolling and Engrossing, Journals Com mittee shall, before auditing the account of any member for expenses as a committeeman, or any account prescribed by a member for any expense incurred in discharge of any duty as a member of this House, require of such member, an itemized statement of such account, sup ported by proper vouchers, for each item of said account.
Rule 218. All officers and employees provided for in this and the preceding Chapter shall be paid for their services by the State Treasurer only upon the approval of their accounts by the auditing committee of the Senate and House of Representatives.
(Ga. Code Anno., sec. 47-304.)
Rule 219. The compensation due to the officers and members of the General Assembly shall be certified by the President of the Senate and Speaker of the House of Representatives, respectively, upon the report of the auditing committee to the State Treasurer, who afterwards shall pay each member who shall present his account duly audited.
(Ga. Code Anno., sec. 47-110.)
Rule 220. The ways and means committee of the House of Repre sentatives and the finance committee of the Senate shall hold joint meetings for the consideration of all revenue taxing measures when in regular or special session and the State Revenue Commissioner shall be an ex-officio member of each committee.
(Ga. Code Anno., sec. 92-8449.)
Rule 221. It is part of the duty of the joint standing committee on finance to examine the accounts and vouchers of the Comptroller Gen eral and State Treasurer as to all moneys received into and paid out of the treasury during the last fiscal year, to compare the warrants drawn during that period with the several laws by authority of wh:ch they purport to be drawn, to examine into the other accounts and books of suen oificers, to count the money on hand at the time of the examina tion, and to examine the annual reports made by said officers, to see if they are sustained by the true condition of their offices, and report the result to each branch of the General Assembly.
(Ga. Code Anno., sec. 47-601.)

ELECTION AND INAUGURATION OF GOVERNOR
Rule 222. Every State officer whose election is not otherwise pro vided for, shall be elected by the General Assembly in the same manner and at the same time as other officers are elected by them.
(Ga. Code Anno., sec. 47-401.)
Rule 223. In nominating candidates for any office no other candi date shall be disparaged.
Rule 224. All elections by the General Assembly shall be viva voce, and the vote shall appear on the Journal of the House of Representa tives. When the Senate and House of Representatives unite for the purpose of election, they shall meet in the Representative Hall, and the President of the Senate shall, in such cases, preside and declare the results.
(Ga. Const, art. Ill, sec. X, par. I.)

MONDAY, JANUARY 9, 1961

67

Rule 225. In all elections, a majority of the members voting, pro vided the total vote constitutes a quorum, must make the choice.
Rule 226. The members of each branch of the General Assembly shall convene in the Representative Hall, and the President of the Senate and Speaker of the House of Representatives shall open and publish the returns in the presence and upon the direction of the General Assembly; and the person having the majority of the whole number of votes, shall be declared duly elected Governor of this State; but, if no person shall have such majority, then from the two persons having the highest number of votes, who shall be in life, and shall not decline an election at the time appointed for the General Assembly to elect, the General Assembly shall immediately, elect a Governor viva voce; and in all cases of election of a Governor by the General Assembly, a majority of the members present shall be necessary to a choice.
The returns for every election of Governor shall be sealed up by the managers, separately from other returns, and directed to the Presi dent of the Senate and Speaker of the House of Representatives, and transmitted to the Secretary of State, who shall, without opening said returns, cause the same to be laid before the Senate on the day after the two houses shall have been organized, and they shall be transmitted by the Senate to the House of Representatives.
(Ga. Const., art. V, sec. I, pars. Ill and IV.)
Rule 227, The General Assembly, in joint session of the Senate and House of Representatives, shall open and publish the returns of the election for Governor as provided by Article V of the Constitution of the State, and shall determine all questions relating thereto, including any contested election, and any question as to the eligibility or quali fications of the person elected Governor, and shall, at the time provided by section 40-103, inaugurate as Governor the person determined by the General Assembly to have been elected, or the person elected by the General Assembly as provided by the Constitution.
(Ga. Code Anno., sec. 40-104.1.)
Rule 228. The Governor shall begin the discharge of his duties from the time of his inauguration. The ceremony of inauguration shall take place during the first week of the session of the General Assembly next after the election, and on such day of that week as the General Assembly, by joint resolution, shall appoint. On failure of appointment, it shall take place at 12 o'clock meridian, on Saturday of that week, unless prevented by providential cause.
(Ga. Code Anno., sec. 40-103.)
Rule 229. The oath prescribed by the ninth Paragraph of the first section of the fifth Article of the Constitution of this State shall be taken by the Governor-elect in the presence of the General Assembly in joint session of the Senate and House of Representatives. Upon so taking the oath, the Governor-elect shall become Governor.
(Ga. Code Anno., sec. 40-104.)
Rule 230. The Governor shall, before he enters on the duties of his office, take the following oath or affirmation: "I do solemnly (or affirm, as the case may be) that I will faithfully execute the office of

68

JOURNAL OF THE HOUSE,

Governor of the State of Georgia, and will, to the best of my ability, preserve, protect, and defend the Constitution thereof, and the Consti tution of the United States of America."
(Ga. Const., art. V, sec. I, par. IX.)
Rule 231. The fact of such inauguration of the Governor shall be entered upon the journal of the House of Representatives, and shall be conclusive evidence of his right and title to the office, and of his eligibility and qualification.
(Ga. Code Anno., sec. 40-104.2.)
Rule 232. Contested elections shall be determined by both houses of the General Assembly in such manner as shall be prescribed by law.
(Ga. Const., art. V, sec. I, par. V.)

CONSTITUTIONAL AMENDMENTS
Rule 233. An amendment to this Constitution may be proposed by a resolution in the Senate or the House of Representatives, and if the same shall be agreed to by two-thirds of the members elected to each branch of the General Assembly, such proposed amendment shall be entered on the journals of each branch with the '"Ayes" and "Nays" taken thereon. Any proposed amendment may be repealed or amended by the same General Assembly, if done so at least two months prior to the date of the election at which such proposed amendment is to be submitted.
The Governor, the Attorney General, and the Secretary of State shall meet and determine whether a proposed amendment is general, and if not general, shall determine what political subdivision or sub divisions are directly affected by such proposed amendment. If a pro posed amendment is general, the Governor shall cause such proposed amendment to be published in full once each week for three consecutive weeks immediately preceding the date of the election at which such proposed amendment is submitted, in one newspaper of general circula tion in each Congressional District of the State. If such proposed amendment is not general, the Governor shall cause such proposed amendment to be published in full in one newspaper of general circu lation in each county in which the directly affected political subdivision or subdivisions are located. In the event no such newspaper is located in such county, a newspaper in an adjoining county shall be used.
Any proposed amendment which is general shall be submitted to the people of the entire State at the next general election at which members of the General Assembly are elected, and if ratified by a majority of the electors qualified to vote for members of the General Assemuly voting thereon, such amendment shall become a part of this Constitution. A proposed amendment which is not general shall only be submitted to the people of the political subdivision or subdivi sions directly affected. The votes of the electors in each political sub division affected shall be counted separately in determining whether such proposed amendment is ratified, and it must be ratified by a majority of the electors qualified to vote for members of the General Assembly voting thereon in each such political subdivision before it shall become a part of this Constitution. The General Assembly, in

MONDAY, JANUARY 9, 1961

69

the resolution, shall state the language to be used in submitting the proposed amendment.
When more than one amendment is submitted at the same time, they shall be so submitted as to enable the electors to vote on each amendment separately.
(Ga. Const., art. XIII, sec. I, par. I.)
Rule 234. No convention of the people shall be called by the General Assembly to revise, amend or change this Constitution, unless by the concurrence of two-thirds of all members of each house of the General Assembly. The representation in said convention shall be based on population as near as practicable. This Constitution shall not he revised, amended, or changed by the Convention until the proposed revision, amendment, or change has been submitted and ratified by the people in the manner provided for submission and ratification of amendments proposed by the General Assembly.
(Ga. Const., art. XIII, sec. I, par. II.)
Rule 235. The Governor shall not have the right to veto any pro posal by the General Assembly to amend the Constitution.
(Ga. Const., art. XIII, sec. I, par. III.)

APPROPRIATIONS, CLAIMS, AND FINANCE
Rule 236. No money shall be drawn from the Treasury except by appropriation made by law.
(Ga. Const., art. Ill, sec. VII, par. XI.)
Rule 237. All bills for raising revenue, or appropriating money, shall originate in the House of Representatives, but the Senate may propose, or concur in amendments, as in other bills.
(Ga. Const., art. Ill, sec. VII, par. X.)
Rule 238. All resolutions which may appropriate money out of any fund shall be treated in all respects, in the manner of introduction and procedure, as bills; they shall originate in the House of Representatives, and shall receive three readings previous to their passage, but the Senate may propose or concur in amendments as in case of bills.
(Ga. Code Anno., sec. 47-503.)
Rule 239. Within seven days after the convening of the General Assembly, the Governor shall submit to the General Assembly in printed form a budget covering the ensuing two fiscal years. The budget shall contain a complete plan of proposed expenditures and actual revenues and expenditures for each of the particular fiscal years to which it relates. If the proposed expenditures for either fiscal year shall exceed the estimated revenues therefor, the Governor shall recommend the sources from which the additional revenues shall be provided. The Gov ernor shall submit to each House of the General Assembly, at the same time he submits his budget, (1) printed copies of a budget message containing any explanations or comments he may desire to make as to the important features of the budget, and (2) printed copies of a tentative bill for all appropriations under the budget, clearly and prop erly classified, for each fiscal year in the ensuing biennial period. The

70

JOURNAL OF THE HOUSE,

presiding officer of the House of Representatives shall cause said bill

to be promptly introduced therein, and such bill shall be known as the

budget bill. Before final action thereon by the General Assembly, the

Governor may amend or supplement the budget to correct an oversight

or in case of an emergency, with the consent of the General Assembly,

by delivering such an amendment or supplement to the presiding officer

of each House. The appropriation for each department, officer, bureau,

board, commission, agency, or institution receiving and expending State

i

moneys may be by lump sum, in which shall be distinguished, for each

fiscal year, the amount appropriated to be expended for maintenance

and operation, and the amount appropriated to be expended for capital

improvements and/or fixed charges.

(Ga. Code Anno., sec. 40-403.)

Rule 240. The General appropriation bill shall embrace nothing except appropriations fixed by previous laws, the ordinary expenses of the Executive, Legislative and Judicial Departments of the Government, payment of the public debt and interest thereon, and for support of the public institutions and educational interests of the State. All other appropriations shall be made by separate bills, each embracing but one subject.
(Ga, Const., art. Ill, sec. VII, par. IX.)

Rule 241. All general appropriation bills, in addition to the custo mary itemized statements of the amounts appropriated for the usual expenses of the executive, legislative, and judicial departments of the Government, and for the support of the public institutions and educa tional interests of the State, shall contain also a like itemized statement of all amounts appropriated by any previous law to be paid annually out of the treasury; and such amounts so appropriated by previous laws shall not be paid from the treasury, unless they are embraced in the general appropriation Act.
(Ga. Code Anno., sec. 47-502.)

Rule 242. Except as hereinafter provided, the appropriation for each department, officer, bureau, board, commission, agency or insti tution for which appropriation is made shall be for a specific sum of money, and no appropriation shall allocate to any object, the proceeds of any particular tax or fund or a part or percentage thereof.
An amount equal to all money derived from motor fuel taxes re ceived by the State Treasurer in each of the immediately preceding fiscal years, less the amount of refunds, rebates and collection costs authorized by law, is hereby appropriated for the fiscal year beginning July 1, of each year following, for all activities incident to providing and maintaining an adequate system of public roads and bridges in this State, as authorized by laws enacted by the General Assembly of Geor gia; and for grants to counties for aid in county road construction and maintenance, as provided by law authorizing the State Treasurer to make such grants. Said sum is hereby appropriated for, and shall be available for, the aforesaid purposes regardless of whether the General Assembly enacts a General Appropriations Act and said sum need not be specifically stated in any General Appropriations Acts passed by the General Assembly in order to be available for such purposes. How ever, this shall not preclude the General Assembly from appropriating

MONDAY, JANUARY 9, 1961

71

for such purposes an amount greater than the sum specified above for such purposes. The expenditure of such funds shall be subject to all the rules, regulations and restrictions imposed on the expenditure of appropriations by provisions of the Constitution and laws of this State, unless such provisions are in conflict with the provisions of this para graph. And provided, however, that the proceeds of the tax hereby appropriated shall not be subject to budgetary reduction. In the event of invasion of this State by land, see or air, or in case of a major catastrophe, so proclaimed by the Governor, said funds may be utilized for defense or relief purposes on the Executive Order of the Governor. The provisions of this amendment shall become effective July 1, 1961.
(Ga. Const., art. VII, sec. IX, par. IV.)
Rule 243. To the end that all expenses of the State may be brought within the budget, the budget appropriations bill shall also contain a specific sum as a contingent or emergency appropriation. The manner of the allocation of such contingent or emergency appropriation shall be as follows: Any department, commission, board, institution, or other agency of the State, desiring an allotment out of such emergency appro priation, shall, upon forms prescribed by him, present such request in writing to the Director of the Budget, with such information as he may require, and the Director may allow or disallow the request in his dis cretion.
(Ga. Code Anno., sec. 40-408.)
Rule 244. Neither House shall consider other appropriation bills until the budget bill shall have been finally adopted by both Houses and approved by the Governor, and no such other appropriation bills shall be valid except in accordance with the following provisions:
1. Every such appropriation bill shall be embodied in a separate bill limited to some single work, object, or purpose therein stated, and called herein a supplementary appropriation bill.
2. No supplementary appropriation shall be available unless and until the revenue necessary to pay such appropriation shall have been provided by a tax laid and collected for such purpose, unless it shall appear from such budget that there is sufficient revenue available, and any unused portion of any such supplemental appropriation shall be paid into the general treasury.
(Ga. Code Anno., sec. 40-406.)
Rule 245. In addition to the appropriations made by the General Appropriation Act and amendments thereto, the General Assembly may make additional appropriations by Acts, which shall be known as sup plementary appropriation Acts, provided no such supplementary appro priation shall be available unless there is an unappropriated surplus in the State Treasury or the revenue necessary to pay such appropriation shall have been provided by a tax laid for such purpose and collected into the General Fund of the State Treasury. Neither House shall pass a Supplementary Appropriation Bill until the General Appropriation Act shall have been finally adopted by both Houses and approved by the Governor.
(Ga. Const., art. VII, sec. IX, par. III.)

72

JOURNAL OP THE HOUSE,

Rule 246. The clerk of the House of Representatives shall provide,

out of the contingent fund of the House of Representatives, a well-bound

book, which he shall deliver to the chairman of the appropriations

committee of the House, as soon as such chairman shall be appointed,

and said chairmen shall enter or cause to be entered in such book, in

the order of their introduction, all bills seeking, directly or indirectly,

to obtain appropriations from the State treasury, with a brief statement

of the contents of such bill, together with the number thereof, the

name of the introducer, and any other facts developed before the com

mittee that will throw any light on the nature of the legislation proposed

'.

by the bill. After the adjournment of the General Assembly, said chair

man shall deposit said book with the Secretary of State, who shall deliver

the same to each successive chairman of said committee as soon as he

shall have been appointed.

(Ga. Code Anno., sec. 47-501.)

Rule 247. All proceedings touching the appropriating of money shall be considered in the Committee of the Whole House.

Rule 248. The Governor and such representatives of the depart ments, officers, commissions, agencies and institutions expending or applying for State moneys as have been designated by the Governor for this purpose shall have the right, and when requested by the General Assembly it shall be their duty, to appear and be heard with respect to any budget bill during the consideration thereof and to answer inquiries relative thereto.
(Ga. Code Anno., sec. 40-405.)

Eule 249. The General Assembly may amend the budget bill in any way it may deem desirable, provided such amendments cio not create a deficit.
(Ga. Code Anno., sec. 40-404.)
Rule 250. No bill or resolution appropriating money shall become a law unless, upon its passage, the yeas and nays, in each house, are recorded.
(Ga. Const., art. Ill, sec. VII, par. XII.)
Rule 251. Whenever there shall be regularly introduced in either branch of the General Assembly by a member thereof a resolution or bill seeking compensation or reimbursement from the State of Georgia, or any of its departments or agencies, for any person who has been injured or damaged from whatsoever cause alleged and claimed, the clerk of the House of Representatives or the secretary of the Senate, as the case may be, shall forthwith transmit a certified copy of such resolution or bill to the chairman of the State Highway Board, director of the Department of Public Health and Secretary of State. Immediately after such resolution or bill has been received, the chairman of the State Highway Board, director of Public Health and Secretary of State shall set a date for a hearing, which shall be held as soon as practicable, and shall notify the member of the General Assembly who introduced the resolution or bill, the person for whose benefit the same was intro duced, the Attorney General, and such other persons as the said board deems necessary, including such persons as the said member of the

MONDAY, JANUARY 9, 1961

73

General Assembly shall request in writing to the board to be so notified, the time and place of such hearing.
(Ga. Code Anno., sec. 47-504.)
Rule 252, The chairman of the State Highway Board, director of the Department of Public Health and Secretary of State shall hear the sworn evidence concerning the matter at issue and shall prepare a statement of the findings of the relevant and material facts presented to said board, together with their determination of the merits of the matter and their recommendation as to the payment of the compensa tion or reimbursement being sought. This statement of the findings of the facts, determination and recommendation shall be immediately transmitted to the chairman of the committee of the House of Repre sentatives or Senate, as the case may be, to which the resolution or bill was referred for consideration.
(Ga. Code Anno., sec. 47-505.)
Rule 253. The chairman of the committee to which such resolution or bill was referred upon introduction, when receiving the findings, determination and recommendation of the chairman of the State High way Board, director of the Department of Public Health and Secretary of State, shall immediately call a meeting of such committee, which committee shall read and study the findings, determination, and recom mendation of said board, and shall then decide whether or not to recom mend to the House of Representatives or Senate, as the case may be, that said resolution or bill shall or shall not pass. Thereafter, such resoluton or bill shall take the usual course of procedure as any other resolution or bill, as provided by law and the rules of the House of Representatives or Senate, as the case may be.
(Ga. Code Anno., sec. 47-506.)
Rule 254. The findings of facts, determination, and recommenda tion of the chairman of the State Highway Board, director of the De partment of Public Health and Secretary of State, relative to the matter shall not be considered in any way as binding on the committee to which said resolution or bill was referred for consideration, or upon the members of the House of Representatives or Senate, but shall be treated as advisory only.
(Ga. Code Anno., sec. 47-507.)
Rule 255. All laws authorizing the borrowing of money by or on behalf of the State shall specify the purpose for which the money is to be used and the money so obtained shall be used for the purpose specified and for no other.
(Ga. Const., art. VII, sec. Ill, par. III.)

RULES
Rule 256. When any question arises which is not provided for in the foregoing Rules, the same shall be controlled by the rules usually governing parliamentary bodies.
Rule 257. No suspension of or change in or addition to these rules shall be made, unless such proposed change or addition or suspension be first referred in writing to the Committee on Rules and reported back

74

JOURNAL OF THE HOUSE,

to the House. Provided, that the rules may be suspended by unanimous consent of the House without referral to the Committee on Rules. Im mediately after the confirmation of the Journal on the day following the introduction in the House of the proposed suspension of, change in, or addition to these rules, the Committee on Rules shall report the same back to the House. A failure to so report such proposed suspension, change, or addition, within two days shall automatically bring said pro posed suspension change, or addition before the House for consideration.

RULES FOR THE GOVERNMENT OF THE GENERAL ASSEMBLY WHEN IN JOINT SESSION
1. The Senate and House of Representatives shall meet in joint sesstion in the Hall of the House of Representatives as soon as possible after the start of the session, at such time as may be fixed by joint resolution of both houses, for the purpose of electing such officers of the State as are now or may hereafter be required to be elected by the General Assembly. Said joint session shall continue in morning and afternoon sessions from day to day until all of said officers are elected.
2. The time of the meeting of the two houses in joint session shall be determined otherwise by concurrent resolution of the Senate and House of Representatives, except where provided by law.
When the Senate and the House of Representatives unite for the purpose of elections, they shall meet in the Representative Hall, and the President of the Senate shall preside and declare the result.
3. At the hour determined by the concurrent resolution, the Senate shall repair to the Hall of the House of Representatives.
4. The President of the Senate shall preside, and announce that the General Assembly is in joint session, and cause to be read the resolution convening the same. He shall put all questions to the body and decide all questions of order. An appeal may be taken from any of his decisions to the whole General Assembly.
In the absence of the President of the Senate, the Speaker of the House shall preside; in the absence of both the President of the Senate and the Speaker of the House, the President pro tempore of the Senate shall preside; in the absence of the three last named, the Speaker pro temnore of the House shall preside.
5. The Speaker of the House shall sit on the left of the President of the Senate.
6. A majority of each house shall be necessary to constitute a quorum of the joint session.
7. When there is a meeting of both branches of the General As sembly in one chamber, said secretary and clerk shall be present and join in the discharge of the duties required, and shall enter the pro ceedings on the journals of each House.
(Ga. Code Anno., sec. 47-205.)
8. The secretary of the Senate and the clerk of the House of Representatives shall, within 10 days after the adjournment of each

MONDAY, JANUARY 9, 1961

75

session, file, in proper order, all the papers and documents of their re spective Houses.
(Ga. Code Anno., sec. 47-206.)
9. The records, papers, and documents thus filed shall be delivered to the Secretary of State, who upon receipt of the same shall certify that such secretary and clerk have respectively complied with said requisition, and the State Treasurer shall not pay their respective salaries until such certificate shall be produced.
(Ga. Code Anno., sec. 47-207.)
10. After a person is nominated for any office, in joint session of the General Assembly, it shall not be in order to second such nomi nation. When the nomination is declared closed, the President shall forthwith order the roll-call, and each member, when called, shall rise in his seat and respond promptly, announcing distinctly his choice for such office.
11. No debate shall be in order, except as to questions of orders.
12. The election in joint session shall be viva voce, and the vote shall appear on the Journal of the House of Representatives. The votes are to be taken for but one election at one time, and a majority of the whole number of votes cast is necessary for a choice.
13. In the elections by the General Assembly no member, after having voted, shall be allowed to change his vote unless he rises and states in his place that he voted by mistake, or that his vote had been recorded by mistake.
14. No motion to adjourn shall be in order. In lieu thereof, there shall be the motion to dissolve the joint session, which shall be in the form, "That the joint session of the General Assembly be now dissolved," or "That the joint session of the General Assembly be now dissolved to be reconvened at a time named." The latter motion shall have prece dence over the former.
15. The motion to dissolve the joint session, either indefinitely or until a fixed time, shall always be in order, except that after the roll-call has commenced, it shall not be in order until after the result of said vote shall have been declared by the President of the Senate.
16. When a motion to dissolve the joint session shall be decided in the negative, the same shall not again be in order until other business shall have intervened.
17. When a motion to dissolve the joint session, either indefinitely or to a fixed time, shall be decided in the affirmative, the President of the Senate shall so declare, and the Senate shall, without further motion immediately repair to the Senate Chamber.
18. These rules may be amended by the concurrent resolution of the two houses, and they, or any of them, shall cease to be in force when either house shall notify the other house of the withdrawal of its consent to the same.

76

JOURNAL OF THE HOUSE,

The Speaker announced the following Committee assignments:

AGRICULTURE COMMITTEE

Fowler of Douglas, Chairman

Wells of Oconee, Vice-Chairman

Newton, Secretary

Adams

Akins

Arnsdorff

Barnett of Baker

Barnett of Wilkes

,

Bowen of Toombs

Brackin

Brown

Collins

Conner

Davis

Deen

Dollar

Dorminy

Doster

Duncan of Fannin

Dunn

Fowler of Treutlen

Hall of Lee

Henderson

Hurst

Johnson Jordan Knight of Laurens Lowrey Matthews of Colquitt McGarity Miller Mixon Morris Mullis Farmer Parker of Screven Parker of Ware
Poole Raulerson Sheffield Strickland Tamplin Taylor of Decatur Waldrop Wells of Oconee W iliams of Coffee Woodward Young

SUB-COMMITTEES OF AGRICULTURE COMMITTEE

GENERAL AGRICULTURAL MATTERS COMMITTEE

Matthews of Colquitt, Chairman Hall of Lee, Vice-Chairman Knight of Laurens, Secretary

Barnett of Baker Brackin

MILK & MILK CONTROL COMMITTEE

Lowrey, Chairman Raulerson, Vice-Chairman Parker of Screven, Secretary

Dunn Tamplin Taylor of Decatur

MARKETS & MARKETING COMMITTEE

Hurst, Chairman
Collins, Vice-Chairman Morris, Secretary

Jordan Newton

AGRICULTURAL CHEMISTRY & ENTOMOLOGY COMMITTEE

Parker of Ware, Chairman
Conner, Vice-Chairman Davis, Secretary

Fowler of Treutlen Young

MONDAY, JANUARY 9, 1961

77

LIVESTOCK MATTERS COMMITTEE

Dorminy, Chairman Arnsdorff, Vice-Chairman Mullis, Secretary

Doster Williams of Coffee

POULTRY MATTERS COMMITTEE

Fowler of Douglas, Chairman Wells of Oconee, Vice-Chairman
Akins, Secretary

Brown Strickland

APPROPRIATIONS COMMITTEE

Ray, Chairman Smith of Grady, Vice-Chairman Bowen of Randolph, Secretary
Andrews of Hall Barber Barrett
Bowen of Toombs Boyett Branch Chandler Cox Fordham
Fowler of Douglas Hill Hurst Jones of Sumter
Kirkland Lane
McClelland

McCutchen

Newton

Odom

Farmer

Pelham

Phillips of Columbia

Scoggin

Simpson

Story

Strickland

Taylor of Decatur

Todd



Thornton

Undercofler

Underwood of Montgomery

Walker of Lowndes

Ware

Willingham

Wilkes

SUB-COMMITTEES OF APPROPRIATIONS COMMITTEE

DEPARTMENT OF REVENUE COMMITTEE

Willingham, Chairman McCutchen, Vice-Chairman Phillips of Columbia, Secretary

Barrett Hill

EDUCATION COMMITTEE

Cox, Chairman
Fordham, ViceChairman _---_._-__-, Secretary

Taylor of Decatur Undercofler

HIGHWAY DEPARTMENT & RELATED AGENCIES COMMITTEE

Odom, Chairman Todd, Vice-Chairman
Farmer, Secretary

Pelham Underwood of Montgomery

78

JOURNAL OF THE HOUSE,

HEALTH, WELFARE & RELATED AGENCIES COMMITTEE

Andrews of Hall, Chairman Simpson, Vice-Chairman Boyett, Secretary

Chandler Jones of Sumter

AGRICULTURE, PARKS & PUBLIC WORKS COMMITTEE

Hurst, Chairman Branch, Vice-Chairman Newton, Secretary

Fowler of Douglas Kirkland

LABOR, DEFENSE & PUBLIC SAFETY COMMITTEE

Wilkes, Chairman Strickland, Vice-Chairman Bowen of Toombs, Secretary

Scoggin Willingham

LAW, LEGISLATIVE & REGULATORY AGENCIES COMMITTEE

McClelland, Chairman Thornton, Vice-Chairman WTare, Secretary

Taylor of Decatur Walker of Lowndes

AUDITING, ENROLLING, ENGROSSING & JOURNALS COMMITTEE

Black, Chairman Brooks of Ugiethorpe, Vice-Chairman Rowland, Secretary
Abney Baughman Cocke Coker Fitzgerald Jones of Sumter

Morris Phillips of Walton Pickard Potts Rodgers of Charlton Rogers of Paulding Smith of Whitfield Wells of Peach

BANKS & BANKING COMMITTEE

Fuqua, Chairman Pelham, Vice-Chairman Mackay, Secretary
Birdsong Brooks of Fulton Carswell Chance Echols Flexer

Hull Jones of Worth McClelland Melton Murphy NeSmith Otwell Tucker

SUB-COMMITTEES OF BANKS & BANKING COMMITTEE

GENERAL BANKING COMMITTEE

Otwell, Chairman Chance, Vice-Chairman Tucker, Secretary

Carswell NeSmith

MONDAY, JANUARY 9, 1961

79

INDUSTRIAL LOANS COMMITTEE

Echols, Chairman Mackay, Vice-Chairman Hull, Secretary

Plexer Jones of Worth

DEFENSE & VETERANS AFFAIRS COMMITTEE

Steis, Chairman Cars-well, Vice-Chairman Summers, Secretary
Akins Andrews of Stephens Duncan of Fannin Dunn Floyd

Fowler of Douglas Harrell Jones of Liberty Kidd Knight of Laurens Morris Smith of Whitfield Underwood of Taylor

SUB-COMMITTEES OF DEFENSE & VETERANS AFFAIRS COMMITTEE

MILITARY AFFAIRS COMMITTEE

Carswell, Chairman Harrell, Vice-Chairman
Jones of Liberty, Secretary

Kidd Knight of Laurens

CIVIL DEFENSE AFFAIRS COMMITTEE

Smith of Whitfield, Chairman Andrews of Stephens, Vice-Chairman Underwood of Taylor, Secretary

Floyd Summers

VETERANS AFFAIRS COMMITTEE

Fowler of Douglas, Chairman Dunn, Vice-President Akins, Secretary

Duncan of Fannin Morris

EDUCATION COMMITTEE

Hall of Floyd, Chairman Parker of Screven, Vice-Chairman Story, Secretary
Barnett of Wilkes Busbee Collins Crowe Culpepper Davis
Duncan of Carroll Dunn Fowler of Treutlen Funk Greene Jones of Lumpkin

Keadle Keyton Lewis Lovett Melton Miller Moore Morgan Mullis
Newton Pannell Parker of Appling Parker of Screven Purcell Scarborough

80

JOURNAL OF THE HOUSE,

Simmons Sinclair Smith of Brantley Smith of Habersham Summers Taylor of Bibb

Taylor of Decatur Todd Waldrop Williams of Coffee Wilson

SUB-COMMITTEES OF EDUCATION COMMITTEE

COMMON SCHOOLS COMMITTEE

Pannell, Chairman Fowler of Treutlen, Vice-Chairman Moore, Secretary

Lovett Melton

VOCATIONAL EDUCATION COMMITTEE

Williams of Coffee, Chairman Lewis, Vice-Chairman Culpepper, Secretary

Newton Purcell

SCHOOL BUILDINGS & SUPPLIES COMMITTEE

Parker of Appling, Chairman Taylor of Decatur, Vice-Chairman Keadle, Secretary

Mullis Taylor of Bibb

TRANSPORTATION COMMITTEE

Miller, Chairman Davis, Vice-Chairman

Dunn, Secretary Story

AUTHORITIES & RETIREMENT SYSTEM COMMITTEE

Todd, Chairman
Simmons, Vice-Chairman Funk, Secretary

Busbee Summers

HIGHWAY COMMITTEE

Ballard, Chairman Tucker, Vice-Chairman Loggins, Secretary
Abney Barnett of Baker Baughman Bowen of Randolph Bowen of Toombs Boyett Brown Bynum Clarke of Monroe Dollar Fitzgerald Fordham Funk Hodges

Joiner Jones of Liberty Kelly Keyton McDonald Milhollin Mixon Moss Farmer Poole Purcell Simmons Simpson Taylor of Dawson Teague Watson Wickham

MONDAY, JANUARY 9, 1961

81

SUB-COMMITTEES OF HIGHWAY COMMITTEE

STATE HIGHWAY SYSTEM COMMITTEE

Milhollin, Chairman Keyton, Vice-Chairman Brown, Secretary

Bowen of Randolph Bynum

INTERSTATE HIGHWAY SYSTEM COMMITTEE

Fordham, Chairman Moss, Vice-Chairman Abney, Secretary

Poole Watson

HIGHWAY AUTHORITIES COMMITTEE

Hodges, Chairman Fitzgerald, Vice-Chairman Mixon, Secretary

Barnett of Baker Boyett

HIGHWAY MAINTENANCE SHOP & FACILITIES COMMITTEE

Baughman, Chairman Joiner, Vice-Chairman Dollar, Secretary

Kelly Simmons

HYGIENE & SANITATION COMMITTEE

Barber, Chairman Stuckey, Vice-Chairman Conner, Secretary
Andrews of Hall Arnsdorff
Barnett of Wilkes Barrett Black Chance Crowe Dorminy Fordham Henderson Lowrey McCutchen

McDonald McGarity Moate Miller Roberts
Roper Ross Smith of Habersham Steis Strickland Underwood of Taylor Walker of Telfair Williams of Coffee Wilson Woodward

SUB-COMMITTEES OF HYGIENE & SANITATION COMMITTEE

GENERAL HEALTH COMMITTEE

McGarity, Chairman Henderson, Vice-Chairman Smith of Habersham, Secretary

Black Ross

PURE FOODS & DRUGS COMMITTEE

Lowrey, Chairman

Roberts

McDonald, Vice-Chairman

Williams of Coffee

Underwood of Taylor, Secretary

82

JOURNAL OP THE HOUSE,

PROFESSIONS RELATING TO HYGIENE & SANITATION COMMITTEE

Andrews of Hall, Chairman McCutchen, Vice-Chairman Strickland, Secretary

Barrett Roper

NURSING HOMES & HOMES FOR AGED COMMITTEE

Chance, Chairman Woodward, Vice-Chairman Wilson, Secretary

Barnett of Wilkes Steis

INDUSTRIAL RELATIONS COMMITTEE

Lovett, Chairman Hill, Vice-Chairman Lee, Secretary
Birdsong Bozeman Branch Brooks of Fulton Knight of Berrien Lane Lewis Loggins

Lokey Paris Pickard Ray Rogers of Paulding Rowland Simmons Singer Twitty Ware

SUB-COMMITTEES OF INDUSTRIAL RELATIONS COMMITTEE

WORKMENS COMPENSATION COMMITTEES

Birdsong, Chairman Lokey, Vice-Chairman Rogers of Paulding, Secretary

Lee Twitty

GENERAL LABOR AFFAIRS COMMITTEE

Branch, Chairman Bozeman, Vice-Chairman Ware, Secretary

Knight of Berrien Singer

EMPLOYMENT SERVICES COMMITTEE

Brooks of Fulton, Chairman Paris, Vice-Chairman Loggins, Secretary

Lewis Rowland

INDUSTRY COMMITTEE

Pickard, Chairman Jones of Sumter, Vice-Chairman Budd, Secretary
Akins Chandler Clark of Catoosa

Crawford Culpepper Deen Fleming Flynt Hull

MONDAY, JANUARY 9, 1961

83

Kirkland McCutchen Mullis Phillips of Columbia Simpson

Sinclair Stevens Stuckey Vaughn Wells of Camden

SUB-COMMITTEES OF INDUSTRY COMMITTEE

INDUSTRIAL DEVELOPMENT COMMITTEE

Budd, Chairman Fleming, Vice-Chairman Kirkland, Secretary

Phillips of Columbia Stevens

TOURIST RELATIONS COMMITTEE

Chandler, Chairman Flynt, Vice-Chairman Clark of Catoosa, Secretary

Akins Crawford

INDUSTRIAL INFORMATION & COORDINATION COMMITTEE

Jones of Sumter, Chairman Sinclair, Vice-Chairman Simpson, Secretary

Deen Wells of Camden

INSURANCE COMMITTEE

Rutland, Chairman Jones of Worth, Vice-Chairman Wilkes, Secretary
Bowen Boyett Budd Clarke of Monroe Dicus

Echols Kimmons Lanier McCracken Ross Smith of Fulton Waldrop Ware of Troup

SUB-COMMITTEES OF INSURANCE COMMITTEE

HEALTH, LIFE & ACCIDENT COMMITTEE

Wilkes, Chairman Smith of Fulton, Vice-Chairman Clarke of Monroe, Secretary

Boyett McCracken

FIRE, CASUALTY & ALLIED LINES COMMITTEE

Jones of Worth, Chairman Kimmons, Vice-Chairman Echols, Secretary

Lanier Ware

SURETY & TITLE COMMITTEE

Ross, Chairman Ware, Vice-Chairman Waldrop, Secretary

Bowen Dicus

84

JOURNAL OF THE HOUSE,

INTERSTATE COOPERATION COMMITTEE

Phillips of Columbia, Chairman Tamplin, Vice-Chairman Ray, Secretary

McCracken Twitty

JUDICIARY COMMITTEE

Busbee, Chairman Hale, Vice-Chairman Boggs, Secretary
Andrews of Hall Brooks of Fulton Bynum Caldwell Coker Crawford Jones of Liberty Howard Hull

Killian Lewis Loggins Matthews of Colquitt McClelland Scoggin Smith of Grady Taylor of Bibb Thornton Wells of Peach White

SUB-COMMITTEES OF JUDICIARY COMMITTEE

GENERAL LAW & PROCEDURE COMMITTEE

Brooks of Fulton, Chairman Bynum, Vice-Chairman Jones of Liberty, Secretary

Boggs Smith of Grady

TRUSTS & ESTATES COMMITTEE

McClelland, Chairman Crawford, Vice-Chairman Hull, Secretary

Killian Scoggin

LAW ENFORCEMENT COMMITTEE

White, Chairman Howard, Vice-Chairman Taylor of Bibb, Secretary

Hale Matthews of Colquitt

PARDONS & PAROLES COMMITTEE

Wells of Peach, Chairman Andrews of Hall, Vice-Chairman Lewis, Secretary

Caldwell Loggins

LOCAL AFFAIRS COMMITTEE

Underwood of Montgomery, Chairman Killian, Vice-Chairman Parker of Screven, Secretary
Davis Funk Hall of Floyd

Jernigan Kimmons Sangster Shuman Tabb Tamplin

MONDAY, JANUARY 9, 1961

85

MOTOR VEHICLES COMMITTEE

Caldwell, Chairman
Moorman, Vice-Chairman Williams of Hall, Secretary
Blalock Budd Clark of Catoosa Doster Harrell Horton Johnson
Jones of Lumpkin Keadle
Kidd

Matthews of Clarke
McCracken McDonald Phillips of Bibb Poole Roper Rutland Shuman Smith of Pulton Taylor of Dawson
Teague Twitty

SUB-COMMITTEES OF MOTOR VEHICLES COMMITTEE

TRAFFIC & SAFETY CONTROL COMMITTEE

Smith of Fulton, Chairman Horton, Vice-Chairman Keadle, Secretary

Blalock Budd

TITLE & LICENSE AFFAIRS COMMITTEE

Jones of Lumpkin, Chairman Harrell, Vice-Chairman McDonald, Secretary

Moorman Shuman

MOTOR CARRIERS COMMITTEE

Rutland, Chairman Johnson, Vice-Chairman Teague, Secretary

Matthews of Clarke Twitty

NATURAL RESOURCES COMMITTEE

Barrett, Chairman
Stevens, Vice-Chairman Parker of Ware, Secretary
Andrews of Stephens Arnsdorff Barnett of Baker Boggs
Brackin Brown Bynum Caldwell Cocke Culpepper Deen Dorminy Doster

Fitzgerald
Floyd Greene Henderson Horton Johnson Joiner
Keadle Kelly Killian Kimmons King Knight of Berrien Massee Milhollin Moore

86

JOURNAL OF THE HOUSE,

NeSmith Parker of Appling Raulerson Rodgers of Charlton Rogers of Paulding Shuman Smith of Brantley Taylor of Dawson

Teague Todd Watson Wells of Camden Wells of Oconee White Williams of Hall Woodward

SUB-COMMITTEES OF NATURAL RESOURCES COMMITTEE

Killian, Chairman White, Vice-Chairman Cocke, Secretary

GAME & FISH COMMITTEE
Johnson Shuman Wells of Camden

NeSmith, Chairman Doster, Vice-Chairman Been, Secretary

GAS & OIL COMMITTEE
Parker of Ware Williams of Hall

GEOLOGY, MINES & MINERALS COMMITTEE

Boggs, Chairman Joiner, Vice-Chairman Knight of Berrien, Secretary

Bynum Moore

WATER SUPPLY & RIPARIAN RIGHTS COMMITTEE

King, Chairman Taylor of Dawson, Vice-Chairman Arsndorff, Secretary

Barnett of Baker Rodgers of Charlton

FORESTRY & SOIL CONSERVATION COMMITTEE

Kimmons, Chairman Wells of Oconee, Vice-Chairman Fitzgerald, Secretary

Kelly Todd

Mr. Speaker, Chairman Twitty, Vice-Chairman Undercofler, Secretary
Cox Hale Hall of Floyd Hill Hodges Jernigan King

RULES COMMITTEE
Knight of Laurens Lanier Lokey Massee Phillips of Columbia Smith of Grady Tamplin Tucker Underwood of Montgomery Wickham

MONDAY, JANUARY 9, 1961

87

SUB-COMMITTEES OF RULES COMMITTEE

RULES CHANGES COMMITTEE

Smith of Grady, Chairman Hale, Vice-Chairman Massee, Secretary

Hall of Floyd Tamplin

PRIVILEGE RESOLUTIONS COMMITTEE

Jernigan, Chairman Tucker, Vice-Chairman
Wickham, Secretary

Undercofler Underwood of Montgomery

SPECIAL JUDICIARY COMMITTEE

Bolton, Chairman Willingham, Vice-Chairman Phillips of Bibb, Secretary
Carswell
Clarke of Monroe Dickey Fleming Flexer

Greene Mackay Mixon Murphy
Payton Scarborough Steis Vaughn

SUB-COMMITTEES OF SPECIAL JUDICIARY COMMITTEE

CONSTITUTIONAL AMENDMENTS COMMITTEE

Vaughn, Chairman Scarborough, Vice-Chairman Greene, Secretary

Carswell Payton

CODE REVISION COMMITTEE

Fleming, Chairman Flexer, Vice-Chairman Murphy, Secretary

Mixon Steis

STATE INSTITUTIONS & PROPERTY COMMITTEE

Cox, Chairman
Payton, Vice-Chairman Walker of Telfair, Secretary
Adams Bolton Brooks of Oglethorpe Chandler Cocke Coker
Duncan of Fannin Echols Flexer Flynt

Hall of Lee
Hodges Howard Jordan Killingsworth Kirkland Lee Lowrey Moate
Morgan Murphy Odom Pannell

88

JOURNAL OF THE HOUSE,

Paris Pelham Phillips of Walton Purcell Roberts Roper Rowland Sinclair Singer

Smith of Habersham Story Thornton Walker of Lowndes Wells of Peach Wickham Wilson Young

SUB-COMMITTEES OF STATE INSTITUTIONS & PROPERTY COMMITTEE

PENAL INSTITUTIONS COMMITTEE

Morgan, Chairman Odom, Vice-Chairman Kirkland, Secretary

Jordan Murphy Pannell

ELEEMOSYNARY INSTITUTIONS COMMITTEE

Bolton, Chairman Rowlandd, Vice-Chairman Roberts, Secretary

Echols Hodges

STATE INCOME PRODUCING PROPERTIES COMMITTEE

Roper, Chairman Young, Vice-Chairman Adams, Secretary

Coker Lowrey

RECREATIONAL FACILITIES COMMITTEE

Brooks of Oglethorpe, Chairman
Singer, Vice-Chairman Flynt, Secretary

Duncan Moate

Paris, Chairman Purcell, Viee-Chairman Flexer, Secretary

STATE PORTS COMMITTEE
Pelham Wickham

STATE OF REPUBLIC COMMITTEE

McCracken, Chairman Pannell, Vice-Chairman Bozeman, Secretary
Ballard Blalock Bolton Busbee Clark of Catoosa Conner Duncan of Carroll

Fleming Harrell Keyton Killingsworth Lee Moorman Morgan NeSmith Otwell Ray

MONDAY, JANUARY 9, 1961

89

Rodgers of Charlton Sangster Scoggin Singer Stuckey Summers

Tabb Taylor of Bibb Vaughn Walker of Telfair Wells of Camden Williams of Hall

TEMPERANCE COMMITTEE

Dicus, Chairman Hurst, Vice-Chairman Phillips of Walton, Secretary
Baughman Brackin Dickey
Killingsworth

King Knight of Berrien McGarity Potts Raulerson Underwood of Taylor

SUB-COMMITTEES OF TEMPERANCE COMMITTEE

MALT BEVERAGES COMMITTEE

Raulerson, Chairman Baughman, Vice-Chairman Potts, Secretary

Hurst King

LIQUOR CONTROL COMMITTEE

Phillips of Walton, Chairman Dickey, Vice-Chairman
Knight of Berrien, Secretary

King McGarity

DOMESTIC & FOREIGN WINES COMMITTEE

Killings-worth, Chairman Brackin, Vice-Chairman
Underwood of Taylor, Secretary

King Phillips of Walton

UNIVERSITY SYSTEM OF GEORGIA COMMITTEE

Matthews of Clarke, Chairman Melton, Vice-Chairman Ross, Secretary
Abney
Andrews of Stephens Ballard Barber Boggs Bozeman Branch
Brooks of Oglethorpe Dickey Floyd Fuqua

Kelly Kidd Lane Lokey
Mackay Massee Milhollin Moore Moorman Moss
Odom Paris Phillips of Bibb Sheffield

90

JOURNAL OF THE HOUSE,

Sangster Smith of Brantley Smith of Whitfield Undercofler

Walker of Lowndes Wells of Oconee Wilkes Willingham

SUB-COMMITTEE OF UNIVERSITY SYSTEM OF GEORGIA COMMITTEE

LONG RANGE PROGRAM COMMITTEE

Barber, Chairman Smith of Brantley, Vice-Chairman Lokey, Secretary

Boggs Lane

WAYS & MEANS COMMITTEE

Blalock, Chairman Parker of Appling, Vice-Chairman Jordan, Secretary
Birdsong Black Chance Collins Crawford Dicus Flynt Fowler of Treutlen Hale Horton

Jones of Lumpkin Jones of Worth Lovett Matthews of Clarke Moate Moss Otwell Parker of Ware Payton Rutland Scarborough Tabb

SUB-COMMITTEES OF WAYS & MEANS COMMITTEE

GENERAL MATTERS COMMITTEE

Rutland, Chairman
Moss, Vice-Chairman Scarborough, Secretary

Dicus Lovett

INCOME & ESTATE TAXES COMMITTEE

Jones of Lumpkin, Chairman Horton, Vice-Chairman Crawford, Secretary

Black Jordan

REAL & INTANGIBLE TAX COMMITTEE

Hale, Chairman Birdsong, Vice-Chairman Parker of Ware, Secretary

Black Matthews of Clarke

SALES & USE TAX COMMITTEE

Fowler of Treutlen, Chairman Otwell, Vice-Chairman Tabb, Secretary

Flynt Moate

MONDAY, JANUARY 9, 1961

91

TAX REVISION COMMITTEE

Jones of Worth, Chairman Chance, Vice-Chairman Payton, Secretary

Collins Dicus

** WELFARE COMMITTEE

Duncan of Carroll, Chairman Smith of Pulton, Vice-Chairman Matthews of Colquitt, Secretary
Adams Crowe Dollar Fuqua Hall of Lee

Howard Joiner Roberts Sheffield Stevens Watson White Young

SUB-COMMITTEES OF WELFARE COMMITTEE

JUVENILE MATTER^ COMMITTEE

Hall of Lee, Chairman
Young, Vice-Chairman Adams, Secretary

Matthews of Colquitt White

BENEFITS & AID COMMITTEE

Watson, Chairman Dollar, Vice-Chairman Crowe, Secretary

Smith of Fulton Stevens

ELEEMOSYNARY MATTERS COMMITTEE

Joiner, Chairman Sheffield, Vice-Chairman Roberts, Secretary

Fuqua

Pursuant to Joint Resolution adopted by the House and Senate, the Senate appeared upon the floor of the House, and the Joint Session convened for the purpose of hearing- a message from His Excellency, Governor S. Ernest Vandiver.
The President of the Senate called the Joint Session to order.
The Clerk of the House of Representatives read the resolution providing for the Joint Session.
Accompanied by the Committee of Escort and other distinguished guests, Governor Vandiver appeared upon the floor of the House.
Lieutenant Governor Garland T. Byrd in presenting Governor Vandiver made the following introductory remarks:
Georgia's lovely first lady, Mrs. Vandiver; my wife Gloria, mem bers of the Senate and of the House of the General Assembly; dis-

92

JOURNAL OF THE HOUSE,

tinguished officers and officials of the State of Georgia; and my friends, the people of Georgia. . . .
This is a significant occasion--a momentous occasion--a time which calls for you, as the elected representatives of the people of Georgia-- to use all of the knowledge, the judgment, and the wisdom which you possess--in behalf of our beloved state.
** We, in the General Assembly, are fortunate, and the people of Georgia, are fortunate, that we have a man as our chief executive who is experienced, who is capable, who is dedicated to serving the best interests of the people of Georgia.

Governor S. Ernest Vandiver delivered the following address:

("State of the State" address by Governor Ernest Vandiver delivered be fore a joint session of the General Assembly of Georgia meeting in the House of Representatives' Chamber at the State Capitol in Atlanta. The Chief Execu tive's message was telecast and broadcast over statewide networks. The Gover nor will transmit a detailed budget message later.)

LIEUTENANT-GOVERNOR BYRD, HOUSE SPEAKER SMITH, MEMBERS OF THE SENATE AND THE HOUSE OF REPRE SENTATIVES, STATE OFFICIALS, DISTINGUISHED VISI TORS, AND TO THE GREAT CITIZENRY OF GEORGIA:
Through a program of efficiency and economy in its first two years, it has been possible for the Vandiver administration to avoid asking the General Assembly to levy a single new or additional tax on the people of Georgia.
Of the fifty states, Georgia is one of only nine which has not raised taxes in the past two years.
I am gratified to report to you today that, through pursuance of these same policies, the Vandiver administration will not ask this Gen eral Assembly session for a single tax increase.
We are demonstrating to the people of this State what can be ac complished through the use of tax-conserving policies, rather than taxraising policies!
And, Gentlemen--
Within the next few days, you will receive the administration's proposed appropriations' bill--at perhaps what is the earliest time in the history of any legislative session.
By our mutual efforts, I am happy to say today, the General As sembly of Georgia's proper legislative prerogatives in the appropriation of public tax funds have been restored.
1961 THEME: BUILDING AND EXPANSION
The theme of our efforts at the 1959 session of the General As sembly was "Clean-up and Economy."
In 1960, it was "Reorganization and Progress."
This year, I proposed that our theme be "Building and Expansion."

MONDAY, JANUARY 9, 1961

93

As we begin this session of the General Assembly I am sure we all realize that Georgia's destiny depends upon our deliberations and our actions.
We are determined to measure up to our awesome responsibilities.
We do so with prayer to a Divine Creator for Georgia's future and the welfare of her people. Those stand uppermost in our minds and first in our hearts.
POLICIES STATED
As we embark upon our work today, you ask:
What is our policy in the coming two years?
I will answer by saying--
We will maintain essential services, expand them on a "first things, first" basis consistent with State income, preserve a solvent treasury and move ahead to an even stronger and better State!
We will stand together, you and I, all the way to protect the chil dren and parents of Georgia--we are determined to fight to keep the operation and control of Georgia's schools in the hands of Georgia people--we will do so intelligently and with firmness!
We will utilize every legal means and resource and every effective alternative available to us.
And, my friends--
We will do our utmost to preserve, protect and defend Georgia's county unit system against all assaults.

STATE OF THE STATE

/

Now, the state of the State--

I am happy to report to you gentlemen that . . .

... in the first six months of the fiscal year State governmental income equals outgo.

. . . current commitments are being met.

. . . there is a modest surplus of $4,000,000.

. . . governmental services--essential services to the people--are at an all-time high.

Looking at the economy of the State, at year's end . . .

. . . personal income was up encouragingly . . .

. . . despite serious nationwide unemployment, our non-farm work force remained well above the million mark . . .

. . . bank deposits set new records . . .

. . . beef cattle production was greater than ever before . . .

. . . the State led the entire Southeast in the rate of increase in exports and total foreign trade.

94

JOURNAL OP THE HOUSE,

All of this meant new plants, new jobs and new payrolls.
In the first two years of this administration 317 new plants or expansions have been established, each employing 10 or more people and each representing a capital investment in excess of $50,000.
Since January, 1959, a total of 17,010 new jobs have been added to the economy, representing over $54,000,000 in new payrolls annually.
In the number of new plants and in the amount of added payrolls established in the first two years of this administration, despite the present downturn in the national economy, the figures are well ahead of the combined igures for 1957 and 1958.
Yes, my friends, the state of the grand old State of Georgia is EXCELLENT!

GREAT PARTNERSHIP
In early January throughout the business world, businessmen are taking inventory and laying their plans for the future.
So do we in this great State partnership--the people, the Legisla ture and the Executive branch.
What have our combined efforts produced--what is being accom plished--where do we stand financially--what plans can we make for improvement in the future?
By working together in the past two years, we have achieved two balanced budgets, adding $1 million to the net operating surplus in fiscal '59 and $21 million in fiscal '60 WITHOUT A SINGLE NEW OR ADDITIONAL TAX.

THE RECORD SPEAKS
The ledger--the written record--is irrefutable.
May I now proceed with you and with our other partner--the people of this State--to examine this record.
The story of the Vandiver administration is told to a great extent in the building programs and in the plans to advance the welfare of the people, their health, their happiness and their economic oppor tunities.
Now, listen closely to these figures.
They are extremely significant.
The building program instituted by the General Assembly and the Governor during the first two years of this administration and for which funds have been set up in the annual State budgets, totals $225 million dollars.
That figure, ladies and gentlemen of Georgia, is over $100 million dollars more than all of the physical plant construction undertaken by the State in the whole preceding 4-year period.

MONDAY, JANUARY 9, 1961

95

STATE SCHOOL BUILDING
By far the largest and most far-reaching building program is the $105 million dollar school construction effort, bringing benefits to every county on the basis of need and attendance.
Sixty million dollars in State funds and forty-five million in local funds are buying . . .
New grade schools throughout the State.
Badly-needed new high schools.
Gymnasiums to build the body as well as train the mind.
New cafeterias where hot, nourishing school lunches can be pre pared.
And other vital facilities for the children of our State.
We are making a giant stride in this building program toward our goal of modern educational facilities for every child in Georgia.
Education TV
And we are pioneering in new educational methods. It has been conclusively demonstrated that educational television can do much to improve the quality of education. Accordingly, approval has been given for a $500,000 educational TV station at Waycross to serve a 30-county area.
Area Trade Schools
Answering the need which many of you have stressed for addi tional technical training facilities, we have embarked on a program of building thirty vocational and technical trade schools, at a cost of $19,000,000, to be located in 21 areas throughout the State.
University System Expansion
For higher education--for our junior and senior colleges in the University System--there are fifty-three separate building projects, costing $33% million dollars.
These projects include:--
The magnificent Coliseum to be built at the University in Athens and the badly-needed new Pharmacy Building for training a profession that assumes more and more importance in the fight on illness and disease.
Also, at the University of Georgia, is the new Fine Arts Center which is now under construction.
Over at the Georgia Institute of Technology here in Atlanta plans are being completed for the Chemical-Ceramic Engineering Building.
And of equal importance for the training of future engineers is the electrical engineering building being constructed at Georgia Tech.
We intend to keep Georgia Tech in the forefront of the Engineering Colleges of this nation.

96

JOURNAL OP THE HOUSE,

The Research addition to the Talmadge Memorial Hospital in Augusta will enable us to carry on one of the most outstanding medical research programs in the whole South.
A multi-purpose building for Georgia State College will help that institution make an even more effective contribution to higher education.
Forty-four other projects, embracing every conceivable type of facility, are underway on the campuses of our junior and senior colleges throughout the State.
MENTAL HEALTH
In the long-neglected field of mental health, we have underway an $18-million-dollar building program.
It embraces:
A $6,000,000, 500-bed, intensive Treatment Center to be built on the Atlanta Briarcliff property now owned by the State.
Milledgeville State Hospital
A $2,600,000, 500-bed, intensive Treatment Building as a muchneeded addition to Milledgeville State Hospital to serve the patients there.
A $1,400,000 Food Preparation Center at Milledgeville to insure hot, wholesome, uniform meals for all patients.
A $2,000,000, 600-bed addition to the Arnall Building at the State Hospital to retire existing buildings which are hazardous.
And a $1,000,000 staff dormitory and apartments at Milledgeville to help in attracting professional personnel.
Bids will be opened fifteen days from now on all of these improve ments at Milledgeville State Hospital.
Also authorized for later construction a proposed $2,500,000 sewage disposal plant at Milledgeville to be jointly financed with local gov ernments.
Gracewood
At the Georgia School for Mental Defectives at Gracewood, we will construct:
A 300-bed infirmary, costing $1,400,000;
Two, 100-bed patient cottages at a cost of $600,000;
An Out-Patient building, costing $200,000;
A sewage disposal plant, costing $350,000; and,
Water plant improvements, at a cost of $130,000.
Thousands upon thousands of our loved ones cry out from behind the thin veil of mental illness, "Help us, help us."
The General Assembly--this administration--the people of Georgia --answer with this long-sought, long-needed, but heretofore unfulfilled building program.

MONDAY, JANUARY 9, 19G1

97

We move nearer to our goal--a mental health program in Georgia second to none in the nation.

HOSPITALS AND OTHER MEDICAL FACILITIES
We are also making magnificent progress in providing facilities. to improve the general health of our people.
During the first two years of this administration, there have been 55 projects involving hospitals and other medical facilities totaling $24 million dollars.
This includes 11 new hospitals completed, underway or approved and critically-needed additions at ten hospitals throughout the State.
It also includes health centers for 22 other towns and cities.
Also included are:
Hospital equipment to Grady in Atlanta.
A Rehabilitation Center for Aidmore.
Diagnostic and treatment centers for Dalton and Moultrie.
A training facility for colored nurses in Atlanta.
Nursing homes for the aged and infirm for Atlanta, Savannah and Columbus.
A chronic disease unit at Albany.
And a nursing school at Gainesville.
TRAINING SCHOOLS' IMPROVEMENTS
Turning now to other areas, we have instituted for the first time a planned, systematic schedule of improvements at the juvenile train ing schools of the State--improvements totaling $2,000,000 in this administration.
PORTS' DEVELOPMENT LEADS
Of forceful economic impact has been the Ports' improvement ef fort being carried out at a cost in excess of $6,000,000.
This includes:
Three new cargo berths at the Garden City Terminal in Savannah.
Modernization and rehabilitation of the old Central Docks, now known as the Savannah Ocean Terminal.
Acquisition of the highly desirable Whitehall Plantation property for future port and industrial expansion.
And land acquisition and development for the Port of Augusta.
STONE MOUNTAIN MEMORIAL
Stone Mountain--a wonder of nature here in Georgia--at long last will be transformed into a place of beauty--a shrine to the Confed eracy--fulfilling a cherished dream of the people of Georgia.

98

JOURNAL OF THE HOUSE,

Work is beginning now on the re-routing of highways around the project, and it was a pleasure for me to break ground for the dam a few days ago.
Plans are now being perfected which include:
a museum,
an airlift,
an amphitheater,
a bus terminal,
an administration building, and other improvements to cost over $5,000,000.

TOURISM
Other projects to increase Georgia's attractiveness as a tourist state include a Tourist Welcome Station, 14 miles North of Sylvania, and a Museum at The Little White House at Warm Springs.

CORRECTIONS
To further Georgia's Corrections' objective--rehabilitation, with separation of different classes of offenders--preliminary plans are com pleted and a site has been selected tentatively in Hart County for a new industrial Prison and Classification Center, to cost approximately $4,000,000.
Add to that, the two new security-wing additions at Reidsville, cost ing $632,000 for materials, which are already under construction.
And, we are building 12 new chapels for existing penal institutions. We know that Religion can play a major role in returning our prisoners to community life as useful citizens.

NEW ARMORIES
For National Guard Units, new armories, costing $2,000,000, have been authorized for ten other areas of the State.
FORESTRY FACILITIES
Georgia's forestry leadership is being maintained. Fifteen new county headquarters units have been built. A new central supply ware house has been added at the Macon Center, and other permanent im provements have been made throughout the State.
STATE RECORDS' BUILDING
Construction will begin soon on a new State Archives and Records Building here in the Capitol Square Area, at a cost of approximately $4,000,000 to provide a safe repository for our priceless historical documents.

That, ladies and gentlemen of Georgia, is our State's current build ing program.

MONDAY, JANUARY 9, 1961

99

In scope and comprehensiveness it is greater than anything Georgia has undertaken before.
But I am confident that it is consistent with Georgia's bright fu ture and the determination of her people to build a happier, healthier and more prosperous environment.
So much for our building program.
Let us examine now our record in providing essential governmental services to the people of Georgia.
EMPHASIS ON EDUCATION
During this first two years, our budgets have reflected the major emphasis placed on education.
State expenditures for common school operations, the Minimum Foundation Program, capital outlay and teacher retirement have been increased from the time this administration took office to the present budget by a total of $29 million dollars.
NOW GET THIS: This increase for common school education, without a tax raise, is greater by $9 million dollars than the increase provided in the first two years of the preceding administration, with a tax raise.
In fact, 54 per cent of the total state budget--well over half--is going this year for educational purposes--the highest percentage ever.
What has this new money bought?
It has bought: 1,300 new state-allotted teachers.
A $200 salary increase for teachers.
More liberal mid-term adjustments.
Grants for in-service training of teachers.
An increase in maintenance and operation funds.
A scholarship loan plan for prospective teachers.
An actuarially-sound teachers retirement system.
And an experimental program to aid exceptionally-bright students.
All of these and more, have been made possible by the largest increase in educational funds this year since enactment of the sales tax.
PROGRESS IN STATE COLLEGES
In the University System, comparable progress has been made.
It includes:
Significant salary adjustments to attract qualified professors and to retain those already on the staffs,

100

JOURNAL OF THE HOUSE,

activitation of new physical plant facilities, better maintenance,
improved student counseling, expansion and operation of the newly-acquired junior colleges at Augusta, Columbus and Savannah
broadened adult education and strengthened agricultural and indi vidual research.

UNPRECEDENTED HEALTH PROGRAM
Turning now to public health, there has been an increase of $4,500,000 during the past two years--the greatest increase ever made in a comparable period.
Included here have been . , .
. . . two million dollars in added support for operations at the Milledgeville State Hospital . . .
. . . additional funds of $500,000 to open 100 new beds at the Talmadge Memorial Hospital . . .
... an $850,000 increase for operations at Gracewood . . .
. . . and provision of more than $1,000,000 for other expanded statewide health services.
For the first time, units for colored patients have been opened at Gracewood.
We have achieved a much more effective health program through reorganization, transferring Milledgeville State Hospital, Gracewood and Alcoholism Commission to the Health Department and creating a Mental Health Division in that department.
At Milledgeville, we can list significant accomplishments:
More professional personnel.
Improved sanitation and water supply.
Stronger fire protection.
Improved administration all along the line.

WELFARE ROLLS UP
In the Welfare Department, total assistance benefit payments have climbed some $5,000,000. Nearly 2,000 dependent children and 6,000 disabled persons have been added to the rolls.

HIGHWAY REFORM
In highways, we have a highway budget $10 million dollars higher than ever before.
Georgia has advanced from a lagging 25th to 13th in the nation in the total miles of Interstate work under construction, and from 37th to 19th in the amount of Interstate work completed.

MONDAY, JANUARY 9, 1961

101

SERVICES AT ALL-TIME HIGH
Summing up, support of current operations of the State's major functions, in terms of expenditures, has been boosted to the highest point in history.
In two years, regular operations' support for education, the uni versity system, welfare, health and highways has been increased $55,149,238.
This increase was accomplished without the levy of a single new or additional tax whatsoever.
But I would remind you that the record of this administration-- the General Assembly and the Executive Branch--lies, not only in its impressive list of accomplishments, but in sound, businesslike manage ment of our State government.

OTHER GAINS MADE
Not only in the larger spending agencies have impressive strides been made; we have made significant progress throughout our State government.
In the Agriculture Department, we have instituted a program to eradicate the white fringe beetle and have provided increased funds to fight fire ant infestation. Support has been extended to Foundation Seeds, Incorporated, for seed development, growing and processing. Property has been acquired at Macon for farm market expansion.
Support for the Commerce Department and the Industrial De velopment Branch at Tech has been raised to the highest level ever. A reorganized and strengthened Commerce Department is placing emphasis on its industrial and tourist promotion programs.
A far-reaching research program being carried on by the Forestry Research Council and a broadened forestry effort under the Forestry Commission combine to give Georgia what is universally recognized as the Number One undertaking of its kind in the nation.
In the Parks Department, attention has been turned to renovation and long-neglected repairs. The Jekyll Island development program is being pushed to completion and today is one of the finest State Parks in America.
A water safety program has been instituted in the Department of Game and Fish to protect the lives of countless thousands of Georgia's boating citizens.
A reorganized prison system is being administered more effectively than ever before.
The State Highway Patrol has been considerably strengthened by the addition of 50 State Troopers.
Installation of modern accounting methods, machine records and far better enforcement procedures in the Revenue Department, have brought about vastly-improved tax administration.
A pay-as-you-ern personal income tax withholding plan has been installed.

102

JOURNAL OF THE HOUSE,

Idle State funds are now invested at a rate which will produce in excess of a million dollars annually. This should improve as experi ence is gained. I commend the fiscal officers of the Highway Depart ment and the Board of Regents for the splendid results which they have achieved in investing idle funds.
Several recommendations for an improved State insurance program are under study, and a final plan should be ready for submission to you next January.
The constitutional impediment to State aid for municipalities has been removed.
As you know, we have sought in every way possible to strengthen the Legislative Branch. We have activated and re-vamped the Finance Commission, created the office of Legislative Counsel and barred con current service in the Legislative and Executive branches.
Not only that, you and I have written into law a stringent conflictof-interest statute--an "honesty-in-government" act--giving teeth to the precept that a public office is a public trust!
COMPETITIVE BIDDING SAVES MILLIONS
Despite a $60-million-dollar increase in total State spending in this administration, it will be a source of gratification to the taxpayers of Georgia to know that in the last two-year period the number of pur chase orders processed by the purchasing department is down 2,200 in number. In fiscal 1959, the cost of goods and services was $4 million dollars less than in 1958; and in I960, it was $1% million dollars less than in 1958.
Considering expanded State activity and increased budgets of de partments buying goods and services, these figures reflect, conservative ly, a saving in the Purchasing Department alone of at least $5,000,000 annually due to competitive bidding and careful buying practices.
Confidence has been restored in our State government.
I am proud of this record--yours and mine.
I will stand on it before the taxpaying citizens of Georgia.
BUDGET MESSAGE
Within a few days a detailed budget message will be transmitted to you. It will contain my recommendations for State operations in the coming two fiscal years.
I ask that you give careful study to the matter it contains.
Particularly, do I call your attention to that portion of the budget message containing my recommendations for a "crash" program that must be undertaken now to widen and resurface our arterial highways in Georgia to protect the taxpayer's investment and to prevent them from deteriorating further after thirty years of wanton neglect.
UNIVERSITY OF GEORGIA
On last Friday, on the very eve of this General Assembly session, a Federal Judge in Macon, issued a sweeping edict, the harsh and

MONDAY, JANUARY 9, 1961

103

vicious terms of which threaten to destroy or disrupt the University of Georgia.
Today, even at this very hour, events are transpiring which you and I must watch closely--even hourly--and must meet.
About two hours ago the Federal District Court granted a supersedeas in the University case conditioned upon an appeal.
This will be done.
CHILD PROTECTION AMENDMENT
At the last session, there was created the General Assembly Com mittee on Schools.
Though its repo'rt was not unanimous, while varying views were expressed, there was unanimity on one significant point, that is, the need for a child protection amendment in our State Constitution.
The right of freedom of choice of one's associates is in violation of no laws--state or federal--it is the foundation stone of all society and is the base upon which progress, happiness, good order and good feeling among all peoples are built.
You and I must now look to the education of Georgia youth.
We must intelligently preserve and protect the educational process consistent with the will of the mothers and fathers of Georgia and the best interests of their children.
We cannot abandon public education--no one wants this--no one has ever proposed that be done.
All Georgians know that in other states the Federal Courts have struck down segregation laws in each instance where the same have been litigated.
All Georgians know that the Federal Courts are moving swiftly against Southern thought and culture and that they are doing so with a viciousness peculiar only to tyranny and dictatorship.
Legal defenses that were enacted by the General Assembly--two, three, four or five years ago--are not presently enough in light of developments to afford all possible protection to the people.
The people of Georgia are entitled to be masters of their own fate, and have the inherent right, yes, the God-given right, to determine their own destiny.
We know not what the future holds--but anticipating that worse will come to worse--we must provide a new plate of armor, gird our selves against the sweeping and insidious onslaught of forced integra tion in Georgia schools.
As Governor of this State, and in league with the overwhelming majority of the people of Georgia, I propose that this historic General Assembly take the necessary action to afford to the parents and chil dren of this State a new protection.
The administration at this session will present for your considera tion a child protection amendment designed to guarantee every Georgia

104

JOURNAL OF THE HOUSE,

child his God-given right to freedom of association and under no cir cumstances could he or she be forced to attend a school wherein intoler able conditions exist.

Dark clouds hover.
The storm gathers in all its pent up fury.
Georgians know no fear.
For many times before, they have been put to the torch, to the test and to the trial.
Each time they did not flag.
Each time they did not fail. They went on with their work.
They did their duty.
We do so now--for we have sacred principles to maintain and rights to defend, for which we are duty bound to do our best no matter what the cost or sacrifice may be.
We are determined, as Georgia mothers and fathers have been determined down through the annals of our time--to do our best-- to do our very best for the children of Georgia.
Confident in our mission--strong in our purpose--and dedicated in our faith, we lift up our eyes in prayer to an Almighty Providence.
We beseech Him to lead our steps along those sacred trails carved out by our ancestors.
We ask only this:
That we may refresh the golden memory of our heritage . . .
. . . that we may keep unblemished our blood-soaked obligation to those stout hearts that beat in a rising and thunderous crescendo out of Georgia's glorious past.
Senator Sanders of the 18th moved that the Joint Session 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 was read and adopted:
HR 7. By Mr. Twitty of Mitchell: A Resolution that the portion of Rule 125, relating to the filing of Bills with the Clerk, is hereby suspended for one day, January 9, 1961, only in order that Bills and Resolutions may be introduced and read for the first time on said day.

MONDAY, JANUARY 9, 1961

105

Pursuant to HR 7, the following Bills of the House were introduced, and read the first time and referred to the Committees:

HB 1. By Messrs. Smith of Emanuel, Twitty of Mitchell, Scoggin of Floyd, McCracken of Jefferson, Ray of Warren, Blalock of Clayton, Under wood of Montgomery, Ballard of Newton, Parker of Appling and many others:
A Bill to be entitled an Act to amend an Act known as the State Bridge Building Authority Act, so as to rename the authority as the "Georgia State Highway Authority" and to rename the Act, and for other pur poses.
Referred to the Committee on Highways.

HB 2. By Mr. Fowler of Douglas:
A Bill to be entitled an Act to encourage the education of the children of this State by providing State Scholarships and authorizing the govering bodies of counties, cities and towns to provide local Scholar ships for the education of such children in private schools and for other purposes.
Referred to the Committee on Education.
HB 3. By Mr. Fowler of Douglas:
A Bill to be entitled an Act to encourage the education of the children of this State by authorizing the governing body of any county, city, or town to appropriate and expend funds for educational purposes in furtherance of the elementary and secondary education of children residing in the county, city, or town, and for other purposes.
Referred to the Committee on Education.
HB 4. By Mr. Fowler of Douglas:
A Bill to be entitled an Act to provide that the governing bodies of counties, cities and towns may provide that contributions made by persons to certain non-profit, nonsectarian, private schools shall con stitute a credit against the liability of any such person for county, city or town ad valorem taxes; and for other purposes.
Referred to the Committee on Education.

HB 5. By Mr. Fowler of Douglas:
A Bill to be entitled an Act to amend an Act to establish a minimum foundation program of education in the State of Georgia, so as to pro vide for certain requirements which must be met by local school boards before participation in said program is allowed, and for other purposes.
Referred to the Committee on Education.

HB 6. By Mr. Fowler of Douglas:
A Bill to be entitled an Act to amend an Act relating to the appoint ment of local school trustees, and the authority to tax locally for public

106

JOURNAL OF THE HOUSE,

schools, so as to authorize the appointment of local school trustees at any time by the county board of education; to grant the school trustees the power to make rules and regulations and to adopt policies which will promote the general welfare of the schools and of the pupils attending such schools, and for other purposes.
Referred to the Committee on Education.

HB 7. By Messrs. Pannell of Murray, Lovett of Laurens, Duncan of Carroll, Joiner of Washington, Melton of Spalding, Boyett of Whitfield and many others:
A Bill to be entitled an Act to provide that the placement and assign ment of pupils to the various public schools of this State, both within County School Districts and Independent School Districts operating within this State, and the formulation of plans for such assignment and placement of students to particular schools within such school dis tricts shall be made by the governing authorities of such school dis tricts, and for other purposes.
Referred to the Committee on State of Republic.

HB 8. By Messrs. Pannell of Murray, Lovett of Laurens, Duncan of Carroll, Joiner of Washington, Melton of Spalding, Boyett of Whitfield and many others:
A Bill to be entitled an Act to repeal all statutes of the State of Geor gia relating to or requiring segregation of the races in the public schools of Georgia, and for other purposes.
Referred to the Committee on State of Republic.

HB 9. By Mr. Killian of Glynn:
A Bill to be entitled an Act to amend an Act regulating the sale of fireworks, so as to remove certain exceptions to the provisions of said Act, and for other purposes.
Referred to the Committee on Hygiene and Sanitation.

HB 10. By Messrs. Sheffield of Brooks, Walker and Budd of Lowndes, Keyton and Bozeman of Thomas and Newton of Colquitt:
A Bill to be entitled an Act to amend an Act which provides for a supplement to the compensation of the Judge of the Superior Courts of the Southern Judicial Circuit and for payment of such supplement in specified amounts by the counties comprising the Southern Judicial Circuit, and for other purposes.
Referred to the Committee on Special Judiciary.

HB 11. By Messrs. McClelland, M. M. Smith and Brooks of Fulton:
A Bill to be entitled an Act to amend an Act providing that cities having a population of more than 150,000 as disclosed by the U. S. Census of 1920, or subsequent census, shall furnish pensions to officers and employees of such cities, so as to provide that the compulsory

MONDAY, JANUARY 9, 1961

107

retirement provisions of said Act shall not apply to the position of Assistant City Attorney; and for other purposes.
Referred to the Committee on Local Affairs.

HB 12. By Messrs. Killian and Flexer of Glynn:
A Bill to be entitled an Act to amend an Act authorizing the govern ing authority of counties having a certain population to provide for Building Codes and other Codes, so as to change the population and census figures, and for other purposes.
Referred to the Committee on Judiciary.

HB 13. By Mr. Johnson of Jenkins:
A Bill to be entitled an Act to amend an Act providing for supple ment compensation to the Ordinary of Jenkins County, so as to change such supplement; and for other purposes.
Referred to the Committee on Local Affairs.

HB 14. By Mr. McGarity of Henry:
A Bill to be entitled an Act to amend an Act to change the compensa tion 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.

A Communication from His Excellency, The Governor, with reference to the contest filed in the county of Towns was read and referred to the Committee on Rules.

Leave of absence was granted Mr. Kimmons of Pierce for an indefinite period due to illness.

Mr. Twitty of Mitchell moved that the House adjourn until 12:00 noon to morrow morning and the motion prevailed.

The Speaker announced the House adjourned until 12:00 o'clock noon to

morrow.

[

108

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia. Tuesday, January 10, 1961.

The House met pursuant to adjournment at 12:00 o'clock noon this day and was called to order by the Speaker.

Prayer was offered by the Chaplain.

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

Abney Adams Akins Andrews of Stephens Andrews of Hall Arnsdorff Ballard Barber Barnett of Wilkes Barnett of Baker Barrett Baughman Birdsong Black Blalock Boggs Bolton Bowen of Randolph Bowen of Toombs Boyett Bozeman * Brackin Branch Brooks of Oglethorpe Brooks of Fulton Brown Budd Busbee Bynum Caldwell Carswell Chance Chandler Clarke of Monroe Cocke Coker Collins Conner Cox Crawford Culpepper Davis Deen Dickey Dicus

Dollar Dorminy Doster Duncan of Fannin Dunn Echols Fitzgerald Fleming Flexer Floyd Flynt Fordham Fowler of Douglas Fowler of Treutlen Funk Fuqua Hale Hall of Lee Hall of Floyd Harrell Henderson Hill Hodges Horton Howard Hul Hurst Jernigan Johnson Joiner Jones of Liberty Jones of Worth Jones of Lumpkin Jones of Sumter Jordan Kelly Keyton Kidd Killian Killingsworth Kirkland Knight of Laurens Knight of Berrien Lane Lanier

Lee Lewis Loggins Lokey Lovett Lowrey Mackay Massee Matthews of Clarke Matthews of Colquitt McClelland McCracken McCutchen McGarity Melton Milhollin Miller Mixon Moate Moore Moorman Morgan Morris Mullis Murphy NeSmith Newton Odom Otwell Pannell Paris Parker of Screven Parker of Ware Parker of Appling Farmer Payton Pelham Phillips of Columbia Phillips of Walton Phillips of Bibb Pickard Poole Potts Purcell Raulerson

TUESDAY, JANUARY 10, 1961

109

Ray Roberts Rogers of Paulding Ross Rowland Rutland Sangster Scarborough Scoggin Shuman Simmons Simpson Sinclair Singer Smith of Grady Smith of Brantley Smith of Fulton Smith of Habersham Smith of Whitfield

Steis Stevens Story Strickland Stuckey Summers Tabb Tamplin Taylor of Dawson Taylor of Decatur Taylor of Bibb Teague Thornton Todd Tucker Twitty Undercofler Underwood of
Montgomery

Underwood of Taylor Vaughn Waldrop Walker of Lowndes Walker of Telfair Ware Watson Wells of Peach Wells of Oconee Wells of Camden Wickham Wilkes Williams of Coffee Williams of Hall Willingham Wilson Woodward Young

Mr. Black of Webster, Chairman of the Committee on Auditing, Enrolling, Engrossing and Journals reported that the Journal of the previous legislative day 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.

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

HB 15. By Mr. Killian of Glynn:
A Bill to be entitled an Act to provide for the self-government of municipalities; to provide that this Act shall be known as "The Munici pal Home Rule Law", and for other purposes.
Referred to the Committee on State of Republic.

HB 16. By Mr. Keadle of Lamar:
A Bill to be entitled an Act to amend the Act creating the Board of Commissioners of Roads and Revenues for Lamar County, and for other purposes.
Referred to the Committee on Local Affairs.

110

JOURNAL OF THE HOUSE,

HB 17. By Mr. Funk of Chatham:
A Bill to be entitled an Act to amend the charter of the Mayor and Aldermen of the City of Savannah by repealing certain Act extending the corporate limits; limiting the police jurisdiction; providing for refund of city business or occupation taxes collected for 1961; and for other purposes.
Referred to the Committee on Local Affairs.

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

HB 1. By Messrs. Smith of Emanuel, Twitty of Mitchell, Scoggin of Floyd, McCracken of Jefferson, Ray of Warren, Blalock of Clayton, Under wood of Montgomery, Ballard of Newton, Parker of Appling and many others:
A Bill to be entitled an Act to amend an Act known as the State Bridge Building Authority Act, so as to rename the authority as the "Georgia State Highway Authority" and to rename the Act, and for other purposes.

HB 2. By Mr. Fowler of Douglas:
A Bill to be entitled an Act to encourage the education of the children of this State by providing State Scholarships and authorizing the governing bodies of counties, cities and towns to provide local Scholar ships for the education of such children in private schools, and for other purposes.

HB 3. By Mr. Fowler of Douglas:
A Bill to be entitled an Act to encourage the education of the children of this State by authorizing the governing body of any county, city, or town to appropriate and expend funds for educational purposes in furtherance of the elementary and secondary education of children residing in the county, city, or town, and for other purposes.
HB 4. By Mr. Fowler of Douglas:
A Bill to be entitled an Act to provide that the governing bodies of counties, cities and towns may provide that contributions made by per sons to certain non-profit, nonsectarian, private schools shall constitute a credit against the liability of any such person for county, city or town ad valorem taxes; and for other purposes.
HB 5. By Mr. Fowler of Douglas:
A Bill to be entitled an Act to amend an Act to establish a minimum foundation program of education in the State of Georgia, so as to pro vide for certain requirements which must be met by local school boards before participation in said program is allowed, and for other purposes.
HB 6. By Mr. Fowler of Douglas:
A Bill to be entitled an Act to amend an Act relating to the appoint ment of local school trustees, and the authority to tax locally for public

TUESDAY, JANUARY 10, 1961

111

schools, so as to authorize the appointment of local school trustees at any time by the county board of education; to grant the school trustees the power to make rules and regulations and to adopt policies which will promote the general welfare of the schools and of the pupils at tending such schools, and for other purposes.

HB 7. By Messrs. Pannell of Murray, Lovett of Laurens, Duncan of Carroll, Joiner of Washington, Melton of Spalding, Boyett of Whitfield and many others:
A Bill to be entitled an Act to provide that the placement and assign ment of pupils to the various public schools of this State, both within County School Districts and Independent School Districts operating within this State, and the formulation of plans for such assignment and placement of students to particular schools within such school dis tricts shall be made by the governing authorities of such school dis tricts, and for other purposes.

HB 8. By Messrs. Pannell of Murray, Lovett of Laurens, Duncan of Carroll, Joiner of Washington, Melton of Spalding, Boyett of Whitfield and many others:
A Bill to be entitled an Act to repeal all statutes of the State of Georgia relating to or requiring segregation of the races in the public schools of Georgia, and for other purposes.

HB 9. By Mr. Killian of Glynn:
A Bill to be entitled an Act to amend an Act regulating the sale of fireworks, so as to remove certain exceptions to the provisions of said Act, and for other purposes.

HB 10. By Messrs. Sheffield of Brooks, Walker and Budd of Lowndes, Keyton and Bozeman of Thomas and Newton of Colquitt:
A Bill to be entitled an Act to amend an Act which provides for a sup plement to the compensation of the Judge of the Superior Courts of the Southern Judicial Circuit and for payment of such supplement in speci fied amounts by the counties comprising the Southern Judicial Circuit, and for other purposes.

HB 11. By Messrs. McClelland, M. M. Smith and Brooks of Fulton:
A Bill to be entitled an Act to amend an Act providing that cities having a population of more than 150,000 as disclosed by the U.S. Census of 1920, or subsequent census, shall furnish pensions to officers and em ployees of such cities, so as to provide that the compulsory retirement provisions of said Act shall not apply to the position of Assistant City Attorney; and for other purposes.

HB 12. By Messrs. Killian and Flexer of Glynn:
A Bill to be entitled an Act to amend an Act authorizing the governing authority of counties having a certain population to provide for Building Codes and other Codes, so as to change the population and census figures, and for other purposes.

112

JOURNAL OF THE HOUSE,

HB 13. By Mr. Johnson of Jenkins:
A Bill to be entitled an Act to amend an Act providing for supple mental compensation to the Ordinary of Jenkins County, so as to change such supplement; and for other purposes.

HB 14. By Mr. McGarity of Henry:
A Bill to be entitled an Act to amend 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 following report of the Committee on Rules was submitted and read:

REPORT OF HOUSE RULES COMMITTEE ON CONTEST RELATIVE TO REPRESENTATIVE FROM TOWNS COUNTY

Your House Rules Committee conducted a hearing on January 9, 1961, at 2:30 o'clock P.M. in .the matter of a contest filed in behalf of Orsbon Foster, Democratic candidate for Representative from Towns County in the November, 1960, General Election, against Bob C. Cloer, Republican candidate for Representative from Towns County in the November, 1960, General Election.

Mr. Foster was represented at the hearing by J. E. Palmour, Attor ney at Law, Gainesville, Georgia, and Mr. Cloer represented himself. Ample time was furnished to both parties to present testimony and evidence, and arguments from both parties were presented to the Com
mittee. Based upon testimony, evidence and arguments, it is the recom mendation of the Rules Committee of the House of Representatives that Honorable Bob C. Cloer be declared the duly elected Representative from Towns County and that he be seated as a member of the House of Representatives from said county.

Respectfully submitted:

Attest:
Hiram K. Undercofler Secretary

Rules Committee House of Representatives by: Frank S. Twitty
Vice-Chairman

The following Resolution of the House was read and adopted:

HR 8. By Mr. Twitty of Mitchell:
A RESOLUTION
Relating to the member of the House of Representatives from Towns County; and for other purposes.
Whereas, the Rules Committee of the House has conducted a hear ing on a contest by the Honorable Orsbon Foster against Honorable Bob C. Cloer, relative to which of said persons should have a seat in the

TUESDAY, JANUARY 10, 1961

113

House as a member of the House of Representatives from Towns County; and
Whereas, the Report of the Rules Committee has recommended that Mr. Cloer be seated as the member of the House from Towns County;
Now, therefore, be it resolved by the House of Representatives that the recommendation contained in the Report of the Rules Committee, relative to the aforesaid contest, be adopted and followed and the Hon orable Bob C. Cloer is hereby declared to be the duly elected Represen tative from Towns County, and he shall be seated as a member of the House of Representatives as the Representative from Towns County.

The Speaker announced that Mr. Bob C. Cloer, was the duly elected repre

sentative of the county of Towns.

,

Mr. Cloer appeared before the bar of the House and was administered the oath of office by Honorable John E. Frankum, Associate Justice of the Court of Appeals of Georgia.

The following communication from His Excellency, The Governor, was received and read.

STATE OF GEORGIA Executive Department
Atlanta
January 9, 1961
Honorable Garland Byrd Lieutenant-Governor State Senate State Capitol Atlanta, Georgia
Honorable George L. Smith II Speaker House of Representatives State Capitol Atlanta, Georgia
Dear Mr. President and Dear Mr. Speaker:
After the ruling this afternoon by Chief Judge Elbert P. Tuttle of the Fifth Circuit of the United States Court of Appeals, I dispatched Honorable Eugene Cook, The Attorney General and his associate Spe cial Counsel, representing the State of Georgia in the University case, to Washington, D. C., to seek from the appropriate Justice of the United States Supreme Court a supersedas in order that the State may appeal the cause on its merits. A determination should be forthcoming on this by mid-day Tuesday. At that time every present legal resource will have been exhausted.
Meanwhile, it has been announced that plaintiffs will be in attend ance at classes at the University of Georgia Tuesday morning under an order of Middle District Judge William A. Bootle.

114

JOURNAL OF THE HOUSE,

EV:db

Section VIII (d) of the Appropriations' Act of 1956 places the man datory responsibility upon me to make an administrative determination of such entry and as Director of the Bureau of the Budget of the State of Georgia to then and there recognize such fact and to enter up an order carrying out the provision of the above cited Act, which, under such circumstances, provides, in part, as follows:
". . . in such event no further funds shall be expended from such apportionment and the unexpended portion thereof shall be retained in the Treasury ..."
It is the saddest duty of my life to sign an order recognizing that such a condition as contemplated by the statute does in fact now exist and that State fund support must be withheld from the University.
That I must do when the event takes place. I am sure that you and members of the General Assembly understand that no other alternative was available to me. After a 10-year legal battle conducted by the Attorney-General and the same special counsel, who have fought effec tively and with dignity, all legal resources available and in this instance have been exhausted.
Without State appropriated funds and denied the expenditure of appropriated fees, the University of Georgia cannot operate as long as the funds' prohibition is contained in the 1956 Act.
Its very existence in the law is a roadblock to the application of admission requirements to prospective students and, if allowed to stand, strips us of remaining safeguards and would cause chaos and confusion without any effective results whatsoever.
Developments since 1956 have turned sub-section 8(d) from a source of hope to an albatross; indeed, events have given it the diametrically opposite effect from which it was intended by the Legislature.
If allowed to remain in the law, its effect will be to close the doors of Georgia's hallowed halls, to cease bringing learning and enlighten ment to over 7,500 young men and women pursuing a higher education, jeopardize their credits, create unrest among one of the most outstand ing faculties in America and otherwise create harmful results without accomplishing anything. Such wanton disregard of the learning process, I am sure you will agree with me, would be unthinkable. Besides, I have great faith in Georgia's youth of college age to take care of themselves, act as ladies and gentlemen and to reflect the highest credit on their State.
I will not be a party to defiance of law, as a few would wish, or do anything which might foment strife and violence in an explosive situa tion. Therefore, in view of the above and all of the circumstances I urge that an amendment eliminating Section 8(d) of the Appropriations' Act of 1956 be adopted as soon as it is possible to do so.
With warmest regards to you and the members of the Senate and House, I am
Most sincerely,
Ernest Vandiver Governor

TUESDAY, JANUARY 10, 1961

115

The following Resolutions of the House were read and adopted:

HR 9. By Mr. Twitty of Mitchell:
A RESOLUTION
Calling a joint session of the House and Senate for the purpose of electing a member of the State Highway Board; and for other purposes.
WHEREAS, on October 31, 1960, Honorable Robert H. Jordan resigned as a member of the State Highway Board of Georgia from the Central State Highway District, thereby creating a vacancy in said office which was filled by the appointment of Honorable Clarke W. Duncan by the Governor to serve until a person is elected at this Session of the General Assembly to fill such unexpired term which expires February 8, 1966; and
WHEREAS, it is necessary that such election be held within the first ten days of the 1961 Session; and
WHEREAS, the President of the Senate and the Speaker of the House of Representatives on January 9, 1961, mailed notices to the members of the General Assembly calling a caucus to be held in the State Capitol in the Hall of the House of Representatives on January 12, 1961, at 2:00 o'clock p.m. for the purpose of holding such election;
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that a joint session of the Senate and House of Representatives be held in the Hall of the House of Representatives at 2:00 o'clock p.m. on January 12, 1961, for the purpose of electing a member of the State Highway Board from the Central State Highway District to serve an unexpired term ending February 8, 1966.
BE IT FURTHER RESOLVED that a copy of this Resolution be read to the members of the House and the Senate and a copy thereof be placed on each member's desk at the earliest possible time.

HR 10. By Mr. Twitty of Mitchell:
A RESOLUTION
Calling a joint session of the House and Senate for the purpose of electing the Legislative Counsel; and for other purposes.
WHEREAS, the law creating the Joint Committee on the Opera tions of the General Assembly and creating the Office of Legislative Counsel provides that the Legislative Counsel be elected by the Com mittee subject to the approval of both branches of the General Assembly in a joint session; and
WHEREAS, the Committee has met and elected a Legislative Counsel.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that a joint session of the Senate and House of Representatives be held in the Hall of the House of Representatives at 2:00 o'clock p.m. on January 12, 1960, for the purpose of considering the action of the aforesaid Committee in electing the Legislative Counsel.
BE IT FURTHER RESOLVED that a copy of this resolution be read to the members of the House and Senate and a copy thereof be placed on each member's desk at the earliest possible time.

116

JOURNAL OF THE HOUSE,

HR 11. By Messrs. Smith of Emanuel, Twitty of Mitchell, and others:
A RESOLUTION
Calling a joint session of the House and Senate to hear an address by Honorable Bert Combs, Governor of Kentucky; and for other pur poses.
WHEREAS, Honorable Bert Combs, Governor of the State of Ken tucky, Honorable Harry King Lowman, Speaker of the House of Rep resentatives and Honorable Thomas L. Ray, Majority Floor Leader of the House of Representatives, will be in Atlanta in connection with duties pertaining to the Southern Regional Conference Advisory Com mittee of the Council of State Governments, and
WHEREAS, it would be a distinct honor and privilege for the mem bers of this body for these three officials to appear before a joint session of the Senate and House, and for Governor Combs to address such a session.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that a joint session of the House and Senate be held in the Hall of the House of Representatives on Tuesday, Janu ary 24, 1961 at 2:00 o'clock P.M., in honor of Governor Bert Combs, Speaker of the House, Harry King Lowman and House Majority Floor Leader, Thomas L. Ray, and for the purpose of hearing an address by Governor Combs.
BE IT FURTHER RESOLVED that Lieutenant Governor Garland T. Byrd and House Speaker George L. Smith II, are hereby authorized to make whatever arrangements are necessary relative to the appearance of the above named officials.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to immediately transmit a copy of this resolution to each of the above officials.

HR 12. By Messrs. Smith of Emanuel, Twitty of Mitchell, and others:
A RESOLUTION
Expressing regret at the passing of Honorable A. F. Terry; and for other purposes.
WHEREAS, Honorable A. F. Terry, former Representative from Murray County, passed away on November 2, 1960; and
WHEREAS, he was a most valued member of the General Assembly and was beloved by his fellow Representatives; and
WHEREAS, he was active in the civic and religious life of his community and his death causes a great loss to his locality and his State and to this body;
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that deepest regrets are hereby expressed upon the passing of Honorable A. F. Terry, and the sympathy of all the mem bers of this body is hereby extended to all 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 the family of A. F. Terry.

TUESDAY, JANUARY 10, 1961

117

HR 13. By Messrs. Smith of Emanuel, Twitty of Mitchell, and others:
A RESOLUTION
Expressing regret at the passing of Honorable Lester Souter; and for other purposes.
WHEREAS, Honorable Lester Souter, former Representative from Macon County, passed away on November 5, 1960; and
WHEREAS, he had been a most valuable member of the General Assembly for many years and had been re-elected for a new term; and
WHEREAS, he rendered many years of faithful and conscientious service to the citizens of his county and of his State, and was admired and respected by his fellow members of the House and all those who knew him; and
WHEREAS, his death causes a great loss to the General Assembly and the State of Georgia;
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that deepest regrets are hereby expressed at the passing of Honorable Lester Souter, and the sympathy of all the mem bers of this body is hereby extended 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 the family of Lester Souter.

HR 14. By Messrs. Smith of Emanuel, Twitty of Mitchell, and others:
A RESOLUTION
Expressing appreciation to the Clarke County delegation and the University of Georgia; and for other purposes.
WHEREAS, the members of the General Assembly were guests at a most delightful open house and luncheon prior to the Georgia-Georgia Tech Football Game on November 26, 1960, in Athens, Georgia; and,
WHEREAS, the hosts on this occasion were Honorable Julian Cox and Honorable Chappelle Matthews, Representatives from Clarke Coun ty, and Dr. 0. C. Aderhold, President of the University of Georgia; and
WHEREAS, the fellowship and the lunch were thoroughly enjoyed by all who attended, and this annual affair is looked to with anticipa tion each year;
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the members of the Legislature hereby express their most heartfelt appreciation to Honorable Julian Cox, Honorable Chappelle Matthews, Dr. 0. C. Aderhold, the City of Athens, Clarke County, the University of Georgia, and all others who had a part in this most delightful gathering.
BE IT FURTHER RESOLVED that the Clerk of the House is here by directed to transmit a suitable copy of this resolution to the above named persons.

118

JOURNAL OF THE HOUSE,

HR 15. By Messrs. Smith of Emanuel, Twitty of Mitchell, and others:
A RESOLUTION
Expressing appreciation to the Institute of Law and Government; and for other purposes.
WHEREAS, the Committee of the House and Senate during the past year has studied the Rules of the House and the Senate with a view towards revision thereof, and new Rules have been adopted by the House and Senate; and
WHEREAS, the work of this Committee could not have been accom plished without the untiring efforts of Dr. M. W. H. Collins, Director, Institute of Law and Government, and Mr. Robert Stoyles, Assistant Professor, Institute of Law and Government; and
WHEREAS, Dr. Collins and Mr. Stoyles have given untold hours of their valuable time in working with this Committee and assisting it in revising the Rules so that long needed clarification and improvement has been made.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that sincerest appreciation is hereby ex pressed to Dr. M. W. H. Collins, Mr. Robert Stoyles, and the entire staff of the Institute of Law and Government for their invaluable assistance to the aforesaid Committee in the revision of the Rules of the House and Senate.
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 16. By Messrs. Smith of Emanuel, Twitty of Mitchell, and others:
A RESOLUTION
Expressing appreciation for the Institute for Legislators; and for other purposes.
WHEREAS, the second Institute for Legislators was held at the Georgia Center for Continuing Education at Athens, Georgia on De cember 11-13, 1960; and
WHEREAS, the Institute was highly successful and all who at tended will be better able to perform their duties as Legislators, and, consequently, serve the people of their locality and their State in a better and more efficient manner; and
WHEREAS, many hours of difficult work were necessary in order that the Institute achieve this noteworthy success.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that them embers of the Legislature do hereby express their deepest appreciation to Dr. 0. C. Aderhold, Presi dent, University of Georgia, Dean J. Alton Hosch, University of Geor gia Law School, Dr. M. W. H. Collins, Director, Institute of Law and Government, Dr. Hugh Masters, Director, Georgia Center for Continu ing Education, Mr. Robert Stoyles, Assistant Professor, Institute of Law and Government, to all staff members of the aforesaid organiza-

TUESDAY, JANUARY 10, 1961

119

tions, to all those who appeared on the program and to all others who were instrumental in the success of this second Institute for Legislators.
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 17. By Messrs. Smith of Emanuel, Twitty of Mitchell, and others:
A RESOLUTION
Expressing appreciation for the dinner during the Institute for Legislators; and for other purposes.
WHEREAS, on Monday evening, December 12, 1960, the members of the General Assembly attending the Institute for Legislators in Ath ens were entertained at a most delightful social hour and dinner at the Athens Country Club; and
WHEREAS, it was agreed by all present that it was one of the most successful affairs of its kind for Legislators; and
WHEREAS, many persons contributed to the success of the entire program;
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the members of the Legislature hereby express their deepest appreciation to Honorable Julian Cox and Honor able Chappelle Matthews, Representatives, Clarke County, for their untiring efforts as aforesaid, and to the following citizens of Clarke County who were most gracious and charming hosts: H. Edsel Benson, Julius F. Bishop, Harold M. Crow, Charles T. DiNatale, Howell C. Erwin, Jr., Luther Glass, R. B. Hally, William C. Hartman, Frank R. Hibbets, Carlton E. Hutchinson, Claude M. Leathers, Milton Leathers, H. Hugh Logan, C. Parker McRae, William A. Mathis, Thomas H. Milner, Jr., D. D. Quillian, Walter A. Sams, Jr., L. M. Shadgett, Ralph M. Snow, C. A. Trussel, J. Durward Watson, and J. Smiley Wolfe.
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.

The Speaker announced that the House would recess until 1:45 o'clock P.M. this afternoon.
AFTERNOON SESSION
The Speaker called the House to order.
Mr. Brooks of Fulton arose to a point of personal privilege and addressed the House.
The following communication from the Speaker and directed to the Clerk with reference to Committee assignments of Mr. Bob C. Cloer of Towns County was received and read:

120

JOURNAL OP THE HOUSE,

STATE OF GEORGIA House of Representatives
Atlanta, Ga.
January 10, 1961
Honorable Glenn W. Ellard Clerk--House of Representatives State Capitol Atlanta, Georgia
Dear Jack:
Please assign Bob C. Cloer, of Towns County, to the following com mittees :
(1) Appropriations Sub-Committee on Education, Secretary
(2) Education Sub-Committee on Transportation
(3) Insurance
Sincerely yours,
Geo. L. Smith, II
GLS/c

The hour of convening the joint session of the House and Senate having arrived, the Senate appeared upon the floor of the House, and the joint session convened for the purpose of canvassing and publishing the election returns and declaring the results thereof for two State House Officers, was called to order by the President of the Senate.

The Secretary of the Senate read the Resolution providing for the joint session.

The following report of the Committee of Tellers was read:

To The General Assembly of Georgia, in Joint Session:
Your Committee on Counting the Results for Constitutional Officers in the General Election held November 8, 1960 has completed their find ings. Your Committee has canvassed the results and found that there were only two (2) Constitutional Officers voted on and elected in said General Election and they are as follows:
CRAWFORD L. PILCHER Public Service Commissioner BEN T. WIGGINS Public Service Commissioner

After carefully tabulating the votes and the returns, we find that the results are as follows:

CRAWFORD L. PILCHER 548,355

BEN T. WIGGINS

555,917

TUESDAY, JANUARY 10, 1961

121

\
On the basis of the above, your Committee finds and reports back to you that CRAWFORD L. PILCHER and BEN T. WIGGINS were elected as Members of the Public Service Commission.

George B. Brooks Alpha A. Fowler David C. Jones J. Floyd Harrington Harry C. Jackson Committee for Canvassing Results

By unanimous consent, the report of the Tellers was accepted and adopted.

Mr. Twitty of Mitchell 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.

Leaves of absence for January 11, 1961, were granted Messrs. Watson of Houston and Stuckey of Dodge.

Mr. Twitty of Mitchell moved that the House do now adjourn until tomorrow morning at 10:30 o'clock, and the motion prevailed.

The Speaker announced the House adjourned until tomorrow morning at 10:30 o'clock.

122

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia Wednesday, January 11, 1961

The House met pursuant to adjournment at 10:30 o'clock A.M. this morning and was called to order by the Speaker.

Prayer was offered by the Chaplain.

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

Abney Adams Akins Andrews of Stephens Andrews of Hall Arnsdorff Ballard Barber Barnett of Wilkes Barnett of Baker Barrett Baughman Birdsong Black Blalock Boggs Bolton Bowen of Randolph Bowen of Toombs Boyett Bozeman Brackin Branch Brooks of Oglethorpe Brooks of Pulton Brown Budd Busbee Bynum Caldwell Carswell Chance Chandler Clark of Catoosa Clarke of Monroe Cloer Cocke Coker Collins Conner Cox Crowe Culpepper Davis Deen

Dicus Dollar Dorminy Duncan of Pannin Duncan of Carroll Dunn Echols Fitzgerald Fleming Flexer Floyd Flynt Fordham Fowler of Douglas Fowler of Treutlen Funk Fuqua Greene Hale Hall of Lee Hall of Floyd Harrell Henderson Hill Hodges Horton Howard Hull Hurst Jernigan Johnson Joiner Jones of Liberty Jones of Worth Jones of Lumpkin Jones of Sumter Jordan Keadle Kelly Keyton Kidd Killian Killingsworth King Kirkland

Knight of Laurens Knight of Berrien Lane Lanier Lee Lewis Loggins Lokey Lovett Lowrey Mackay Massee Matthews of Clarke Matthews of Colquitt McClelland McCracken McCutchen McGarity Melton Milhollin Miller Mixon Moate Moore Moorman Morgan Morris Moss Mullis Murphy
NeSmith Odom Otwell Pannell Paris Parker of Screven Parker of Ware Parker of Appling Farmer Payton Pelham Phillips of Columbia Phillips of Walton Phillips of Bibb Pickard

WEDNESDAY, JANUARY 11, 1961

123

Poole Potts Purcell Raulerson Ray Roberts Rodgers of Charlton Rogers of Paulding Ross Rowland Rutland Sangster Scoggin Sheffield Shuman Simmons Simpson Sinclair Singer Smith of Grady Smith of Brantley

Smith of Fulton Smith of Habersham Smith of Whitfield Steis Stevens Story Strickland Stuckey Summers Tabb Tamplin Taylor of Dawson Taylor of Decatur Taylor of Bibb Teague Thornton
Todd Twitty Undercoflei Underwood of
Montgomery

Underwood of Taylor Vaughn Waldrop Walker of Lowndes Walker of Telfair Ware Watson Wells of Peach Wells of Oconee Wells of Camden White Wickham Wilkes Williams of Coffee Williams of Hall Willingham Wilson Woodward Young

Mr. Black of Webster, Chairman of the Committee on Auditing, Enrolling, Engrossing and Journals reported that the Journal of the previous legislative day 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 uncontested bills.
6. That the Speaker may in his discretion call up any Bill on the General Calendar in any order that he desires.

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

HB 18. By Messrs. Pickard, Dicus and Wickham of Muscogee:
A Bill to be entitled an Act to create the Muscogee County School Dis trict, to provide for a First and Second Vice President of the Muscogee County Board of Education; and for other purposes. Referred to the Committee on Local Affairs.

124

JOURNAL OP THE HOUSE,

HB 19. By Mr. Piekard of Muscogee:
A Bill to be entitled an Act to amend an Act entitled the "Unemployment Compensation Law," so as to provide that any service performed by any real estate agent for which his sole remuneration from his employer is through commissions, that such service shall not be deemed to be em ployment within the meaning of this Act; and for other purposes.
Referred to the Committee on Industrial Relations.

HB 20. By Mr. Parker of Appling:
A Bill to be entitled an Act to amend an Act establishing the City Court of Baxley; and for other purposes.
Referred to the Committee on Local Affairs.

HB 21. By Messrs. Crawford, Funk and Dickey of Chatham:
A Bill to be entitled an Act to.repeal an Act entitled "Local Government Improvement Commission in Certain Counties"; and for other purposes. Referred to the Committee on Local Affairs.

HB 22. By Messrs. Cox and Matthews of Clarke:
A Bill to be entitled an Act to amend an Act establishing a retirement system for teachers in the State Public Schools and other State sup ported Schools, so as to vest retroactively in members who withdraw from service prior to attaining retirement age and who completed at least twenty years of creditable service prior to January 1, 1954 and who have not withdrawn their contributions, service retirement benefits upon their attainment of age sixty or subsequent thereto; and for other purposes.
Referred to the Committee on Education.

HB 23. By Mr. Kidd of Baldwin:
A Bill to be entitled an Act to amend an Act entitled "An Act to declare certain days as public and legal holidays, so as to declare May 30th of each year as a legal holiday; and for other purposes.
Referred to the Committee on Special Judiciary.
HB 24. By Mr. Kidd of Baldwin:
A Bill to be entitled an Act to amend an Act known as the "Current Income Tax Payment Act of 1960," so as to provide withholding exemp tions for disabled veterans; and for other purposes.
Referred to the Committee on Ways and Means.

HB 25. By Messrs. Kidd and Chandler of Baldwin:
A Bill to be entitled an Act to provide financial assistance for any school district wherein three per cent or more of the population is employed by the State of Georgia; and for other purposes.
Referred to the Committee on Education.

WEDNESDAY, JANUARY 11, 1961

125

HB 26. By Mr. Kidd of Baldwin:
A Bill to be entitled an Act to amend an Act known as the "Current Income Tax Payment Act of 1960," so as to provide withholding exemp tions for disabled veterans; and for other purposes.
Referred to the Committee on Ways and Means.

HB 27. By Messrs. Kidd and Chandler of Baldwin:
A Bill to be entitled an Act to amend an Act relating to fees paid to coroners, so as to exempt certain counties from the operation of certain sections from said Act; and for other purposes.
Referred to the Committee on Local Affairs.

HB 28. By Messrs. Kidd and Chandler of Baldwin:
A Bill to be entitled an Act to amend an Act effecting a complete revi sion of the Laws of this State relating to the qualification and regis tration of voters, so as to change the time within which a person must vote in order for his name to be retained on the registration list; and for other purposes.
Referred to the Committee on Judiciary.

HB 29. By Mr. Kidd of Baldwin:
A Bill to be entitled an Act to amend an Act to effect a complete revision of the laws of this State relating to the qualifications and registration of voters, so as to provide a different method of selecting County Reg istrars in counties having a certain population; and for other purposes.
Referred to the Committee on Judiciary.
HB 30. By Messrs. Kidd and Chandler of Baldwin:
A Bill to be entitled an Act to amend an Act abolishing the office of the members of the County Board of Tax Assessors in counties having a population of not less than 29,050 nor more than 30,275; and for other purposes.
HB 31. By Mr. Chandler of Baldwin:
A Bill to be entitled an Act to amend an Act relating to the organiza tion, powers and duties of the State Board of Corrections and prisons, public works camps and prisoners, so as to provide that no prisoner shall be allowed to operate any type of motor vehicle in certain instances unless he holds a valid Georgia Operators' License and has a perfect driving record; and for other purposes.
Referred to the Committee on Motor Vehicle.
HB 32. By Messrs. Kidd and Chandler of Baldwin:
A Bill to be entitled an Act to amend an Act relating to motor vehicle licenses, so as to provide a reduction in the rate of fees for passenger cars at certain periods during the calendar year; and for other purposes.
Referred to the Committee on Motor Vehicles.

126

JOURNAL OF THE HOUSE,

HB 33. By Messrs. Brooks, Smith and McClelland of Fulton:
A Bill to be entitled an Act to amend, consolidate, create, revise and supercede the several Acts incorporating the Town of Alpharetta; and for other purposes.
Referred to the Committee on Local Affairs.

HB 34. By Messrs. Bowen of Randolph, Jordan of Calhoun, Odom of Dougherty, Undercofler of Sumter, Killingsworth of Clay, Fordham of Bulloch and Lane of Bulloch:
A Bill to be entitled an Act to authorize and provide a contingent ex pense and travel allowance, payable from the treasury of the State of Georgia, for all duly appointed reporters of the Superior Courts of the Judicial Circuits of the State of Georgia; and for other purposes.
Referred to the Committee on Judiciary.

HB 35. By Mr. Rowland of Johnson:
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 Conditional Bills of Sale for Three Hundred Dollars or less in amount relating to Household and Kitchen furniture, furnishings, goods, or other appliances, but not including items that become fixtures when put to the particular use of the purchaser, when filed for record within two years of their date, shall have priority from the date of its execution; and for other pur poses.
Referred to the Committee on Judiciary.

HB 36. By Mr. Smith of Emanuel:
A Bill to be entitled an Act to abolish the State Housing Authority Board; to repeal all laws creating and establishing the State Housing Authority Board and the Office of the State Director of Housing; to validate acts of public officers; and for other purposes.
Referred to the Committee on State of Republic.

HB 37. By Mr. Boggs of Madison:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Comer; and for other purposes.
Referred to the Committee on Local Affairs.

HB 38. By Messrs. Floyd of Chattooga, Fowler of Douglas, Phillips of Bibb, Moate of Hancock, Abney of Walker and Thornton of Bibb, and others:

A Bill to be entitled an Act to amend an Act creating a State Highway

x

Board, so as to provide for the creation of State Highway Districts; to

provide that members of the State Highway Board be elected by quali

fied voters of his respective Highway District; and for other purposes.

Referred to the Committee on State of Republic.

WEDNESDAY, JANUARY 11, 1961

127

HB 39. By Messrs. Phillips and Taylor of Bibb:
A Bill to be entitled an Act to amend an Act creating the Department of Public Safety, so as to provide that "Learner's Operator's and Chauf feur's licenses" shall expire on the birthday of the holder thereof; and for other purposes.
Referred to the Committee on Motor Vehicle.

HR 18-39. By Messrs. Pickard, Dicus and Wickham of Muscogee.
A Resolution authorizing the Governor to convey certain real estate owned by the State of Georgia in Muscogee County and used for Military purposes to the City of Columbus, in exchange for a conveyance by the City of Columbus to the State of certain other real estate located in Muscogee County suitable for use for military purposes and acceptable by the Military Department for such usage; and for other purposes.
Referred to the Committee on State Institutions and Property.

HR 19-39. By Mr. Kirkland of Tattnall:
A Resolution authorizing payment of costs in habeas corpus proceedings to the Clerk of Tattnall Superior Court and Reidsville City Court; and for other purposes.
Referred to the Committee on State Institutions and Property.

HR 20-39. By Messrs. Kidd and Chandler of Baldwin:
A Resolution creating the Mental Health Study Committee; and for other purposes.
Referred to the Committee on Rules.

HR 21-39. By Messrs. Kidd and Chandler of Baldwin:
A Resolution proposing an amendment to the Constitution so as to pro vide for an annual General Appropriations Act; and for other purposes.
Referred to the Committee on Special Judiciary.

HR 22-39. By Messrs. Kidd and Chandler of Baldwin:
A Resolution proposing an amendment to the Constitution so as to pro vide for four-year terms for members of the General Assembly; and for other purposes.
Referred to the Committee on Special Judiciary.

HR 23-39. By Mr. Phillips of Walton:
A Resolution to compensate T. W. Smith (State Highway Dept.); and for other purposes.
Referred to the Committee on Appropriations.

128

JOURNAL OP THE HOUSE,

HR 24-39. By Mr. Phillips of Walton: A Resolution to compensate John Broach (DPS) ; and for other purposes. Referred to the Committee on Appropriations.

HR 25-39. By Mr. Phillips of Walton:
A Resolution to compensate J. D. Dillard (State Highway Dept.) ; and for other purposes.
Referred to the Committee on Appropriations.

HR 26-39. By Messrs. Kidd and Chandler of Baldwin:
A Resolution to amend Rule 212 of the House of Representatives; and for other purposes.
Referred to the Committee on Rules.

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

HB 15. By Mr. Killian of Glynn:
A Bill to be entitled an Act to provide for the self-government of mu nicipalities; to provide that this Act shall be known as "The Municipal Home Rule Law"; and for other purposes.

HB 16. By Mr. Keadle of Lamar:
A Bill to be entitled an Act to amend the Act creating the Board of Commissioners of Roads and Revenues for Lamar County; and for other purposes.

HB 17. By Mr. Funk of Chatham:
A Bill to be entitled an Act to amend the charter of the Mayor and Aldermen of the City of Savannah by repealing certain Act extending the corporate limits; limiting the police jurisdiction; providing for refund of city business or occupation taxes collected for 1961; and for other purposes.

Mr. Busbee of Dougherty 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 recommendations:

HB 12. Do Pass.

Respectfully submitted,

Busbee of Dougherty, Chairman.

WEDNESDAY, JANUARY 11, 1961

129

Mr. Ballard of Newton County, Chairman of the Committee on Highway, submitted the following report:
Mr. Speaker:
Your Committee on Highways has had under consideration the following Bill of the House and has instructed me, as Chairman, to report the same back to the House with the following recommendations:
HB 1. Do Pass.
Respectfully submitted,
Ballard of Newton, Chairman.

The following invitation from the city of Milledgeville, and the County of Baldwin was received and read:
The Georgia Civil War Centennial Commission
To Commemorate The War Between the States

11 January 1961

Honorable George L. Smith, II Speaker, House of Representatives State Capitol Atlanta, Georgia
Dear Sir:
The city of Milledgeville and Baldwin County sends greetings to the 1961 session of the General Assembly of Georgia.
Inasmuch as one hundred years ago this illustrious body met in Milledgeville, then the Capitol of the State of Georgia, for the purpose of adopting and signing an ordinance of secession, and inasmuch as January 19, 1861 shall forever be known as Georgia Secession Day.
The citizens of Milledgeville and Baldwin County extend to each member of the Georgia House of Representatives an especial invitation to attend and participate in the solemn Centennial ceremonies to be held in Milledgeville on January 19, 20 and 21, 1961.
Respectfully yours,
Walter B. Williams, Jr. Mayor, Milledgeville. Roy L. Nelson, Chairman, Baldwin County Commissioners.

Mr. Kidd of Baldwin arose to a point of personal privilege and addressed the House.

Mr. Jordan of Calhoun arose to a point of personal privilege and addressed the House.

130

JOURNAL OF THE HOUSE,

Under the general order of business, the following Bill of the House was taken up for consideration and read the third time:

HB 1. By Messrs. Smith of Emanuel, Twitty of Mitchell, Scoggin of Floyd,
McCracken of Jefferson, Ray of Warren, Blalock of Clayton, Underwood of Montgomery, Ballard of Newton, Parker of Appling, and many others. A Bill to be entitled an Act to amend an Act known as the State Bridge Building Authority Act, so as to rename the authority as the "Georgia State Highway Authority" and to rename the Act; and for other pur poses.

Mr. Odom of Dougherty moved that further consideration of HB 1 be post poned until Monday, January 16, 1961.

On the motion to postpone HB 1, the Roll Call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Abney Adams Akins Andrews of Stephens Barnett of Wilkes Baughman Black Brackin Brooks of Fulton Busbee Carswell Chandler Cocke Culpepper Dorminy

Dunn Fleming Floyd Flynt Hall of Lee Howard Hull Jones of Sumter Kidd Massee Miller Moate Mullis Odom Parker of Ware

Phillips of Bibb Poole Raulerson Scarborough Sheffield Shuman Steis Taylor of Bibb Taylor of Decatur Thornton Wells of Camden White Williams of Coffee

Those voting in the negative were Messrs.:

Andrews of Hall Arnsdorff Ballard Barber Barnett of Baker Barrett Birdsong Blalock Boggs Bolton Bowen of Randolph Bowen of Toombs Boyett Bozeman Branch Brooks of Oglethorpe Brown Bynum

Caldwell Chance Clark of Catoosa Clarke of Monroe Collins Conner Cloer Cox Crawford Crowe Davis Deen Dickey Dollar Doster Duncan of Carroll Duncan of Fannin Echols

Fitzgerald Flexer Fordham Fowler of Douglas Fowler of Treutlen Funk Fuqua Greene Hale Hall of Floyd Harrell Henderson Hill Hodges Horton Hurst Jernigan Johnson

WEDNESDAY, JANUARY 11, 1961

131

Joiner Jones of Liberty Jones of Worth Jordan Keadle Kelly Keyton Killian Killings-worth King Kirkland Knight of Berrien Knight of Laurens Lane Lanier Lee Lewis Lokey Lovett Lowrey Matthews of Clarke Matthews of Colquitt McClelland McCutchen McDonald McGarity Melton Milhollin Mixon Moore Moorman

Morgan Morris Moss Murphy NeSmith Newton Otwell Pannell Paris Parker of Appling Parker of Screven Farmer Payton Pelham Phillips of Columbia Phillips of Walton Potts Purcell Ray Roberts Rodgers of Charlton Rogers of Paulding Roper Ross Rowland Rutland Sangster Scoggin Simmons Simpson Sinclair

Singer Smith of Brantley Smith of Fulton Smith of Grady Smith of Habersham Smith of Whitfield Stevens Story Strickland Summers Tabb Tamplin Taylor of Dawson Teague Twitty Undercofler Underwood of
Montgomery Underwood of Taylor Vaughn Waldrop Walker of Lowndes Walker of Telfair Ware Wells of Oconee Wilkes Williams of Hall Willingham Wilson Woodward Young

On the motion to postpone the ayes were 43, nays 146.

The motion to postpone further consideration of HB 1 to January 16, 1961, was lost.

Mr. Brooks of Fulton moved that HB 1 be recommitted for the purpose of a public hearing.

The motion to recommit HB 1 was lost.

By unanimous consent, the following telegram, directed to Mr. Sheffield of Brooks County, was read:
606P EST JAN 10 61 AA856 A LLA466 (A NA225) PD NEW YORK NY 10 148P EST
Hon. John E. Sheffield: House of Representatives, State Capitol, Atlanta
Bonds for highway maintenance not generally regarded as sound finance, as maintenance should properly be a current expense paid out of current revenues. To the extent improve highway will have normal life expectancy and provided other basic security factors are sound, highway construction or reconstruction bonds are usually acceptable to

132

JOURNAL OF THE HOUSE,

market. As a general principle, life of bonds should not exceed life of improvement which they finance.
Jackson Phillips, assistant dir. of municipal research, Dun & Bradstreet Inc., Box 803, Church St. Annex, New York 8.

Mr. Ployd of Chattooga offered an amendment which was lost.

Mr. Ployd of Chattooga offered a second amendment which was lost.

Mr. Kidd of Baldwin offered an amendment which was lost.

Mr. Kidd of Baldwin offered a second amendment which 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.:

Abney
Adams Akins Andrews of Stephens Andrews of Hall
Arnsdorff Ballard Barber Barnett of Wilkes
Barnett of Baker Barrett Baughman Birdsong Black Blalock Boggs Bolton Bowen of Randolph Bowen of Toombs Boyett
Bozeman Brackin Branch Brooks of Oglethorpe Brown Pudd Bynum Caldwell

Carswell
Chance Clark of Catoosa Clarke of Monroe Cloer
Cocke Coker Colling Conner
Cox Crawford Crowe Culpepper Davis Deen Dickey Dollar Doster Duncan of Fannin Duncan of Carroll
Dunn Echols F ; tzgerald Fleming Flexer Flynt Fordham Fowler of Douglas

Fowler of Treutlen
Funk Fuqua Greene Hale
Hall of Lee Hall of Floyd Harrell Henderson
Hodges Horton Howard Hull Hurst Jernigan Johnson Joiner Jones of Liberty Jones of Worth Jones of Lumpkin
Jones of Sumter Jordan Keadle Kelly Keyton Killian Killingsworth King

WEDNESDAY, JANUARY 11, 1961

133

Kirkland Knight of Laurens Knight of Berrien Lane Lanier Lee Lewis Loggins Lokey Lovett Lowrey Mackay Massee Matthews of Clarke Matthews of Colquitt McClelland McCracken McCutchen McDonald McGarity Melton Milhollin Miller Mixon Moate Moore Moorman Morgan Morris Moss Mullis Murphy NeSmith Newton

Otwell Pannell Paris Parker of Screven Parker of Ware Parker of Appling Farmer Payton Pelham Phillips of Columbia Phillips of Walton Poole Potts Purcell Raulerson
Ray Roberts Rodgers of Charlton Rogers of Paulding Roper Ross Rowland Rutland Sangster Scarborough Scoggin Sheffield Shuman Simnions Simpson Sinclair Smith of Grady Smith of Brantley Smith of Habersham

Smith of Whitfield Steis Stevens Story Strickland Summers Tabb Tamplin Taylor of Dawson Taylor of Bibb Teague Thornton Todd Twitty Undercofler Underwood of
Montgomery Underwood of Taylor Vaughn Waldrop Walker of Lowndes Walker of Telfair Ware Wells of Peach Wells of Oconee Wells of Camden White Wilkes Williams of Coffee Williams of Hall Willingham Wilson Woodward Young

Those voting in the negative were Messrs.:

Busbee Chandler

Ployd Kidd

Those not voting were Messrs.:

Brooks of Fulton Dicus Dorminy Hill Kimmons

Pickard Singer Smith of Fulton Stuckey Taylor of Decatur

Odom Phillips of Bibb
Tucker Watson Wickham Mr. Speaker

On the passage of the Bill, the ayes were 185, nays 6.

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

Under the provisions of House Rule 197, Messrs. Brooks of Fulton and Hill of Meriwether were excused from voting on HB 1 prior to the call of the Roll.

134

JOURNAL OF THE HOUSE,

Leave of absence for January 12 and January 13, 1961, was granted Mr. Wells of Camden.

Mr. Twitty of Mitchell moved that the House do now adjourn until tomorrow morning at 10:30 o'clock, and the motion prevailed.

The Speaker announced the House adjourned until tomorrow morning at 10:30 o'clock A. M.

THURSDAY, JANUARY 12, 1961

135

Representative Hall, Atlanta, Georgia. Thursday, January 12, 1961.

The House met pursuant to adjournment at 10:30 o'clock, a.m., this day and was called to order by the Speaker.
Prayer was offered by the Chaplain, Dr. Harry J. Pearsons.
By unanimous consent the call of the roll was dispensed with.
Mr. Black of Webster, Chairman of the Committee on Auditing, Enrolling, Engrossing and Journals reported that the Journal of the previous legislative day 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 uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions. 7. That the Speaker may in his discretion call up any Bill on the General
Calendar in any order that he desires.
By unanimous consent, the following Bills of the House were introduced, read the first time and referred to the committees:

HB 40. By Mr. McCutchen of Gilmer:
A Bill to be entitled an Act to amend, consolidate and supersede the several Acts incorporating the City of Ellijay, and for other purposes.
Referred to the Committee on Local Affairs.

HB 41. By Messrs. McCutchen of Gilmer, Duncan of Fannin, Poole of Pickens, Cloer of Towns and Akins of Union:
A Bill to be entitled an Act to amend an Act relating to punishments for violations of Election laws, so as to prohibit the solicitation of votes by any means or methods for any person or proposition on any election day within a specified distance of any voting place; and for other purposes.
Referred to the Committee on Judiciary.

136

JOURNAL OF THE HOUSE,

HB 42. By Mr. Bowen of Toombs:
A Bill to be entitled an Act to amend an Act relating to the creation of a five-man board of Commissioners of Roads and Revenues for Toombs County, and for other purposes.
Referred to the Committee on Local Affairs.
HB 43. By Mr. Brackin of Seminole:
A Bill to be entitled an Act to amend an Act relating to the compensa tion of the Treasurer of Seminole County, and for other purposes.
Referred to the Committee on Local Affairs.
HB 44. By Messrs. Brackin of Seminole, Busbee of Dougherty, Baughman of Early, Raulerson of Echols, Parker of Appling and Deen of Bacon:
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 provide for a threeday State-wide non-resident fishing license; and for other purposes.
Referred to the Committee on Natural Resources.
HB 45. By Messrs. Parker and Hodges of Ware, Flexer and Killian of Glynn:
A Bill to be entitled an Act to amend an Act revising, superseding and consolidating the laws relating to the State Game and Fish Commis sion relating to the acquisition of land, and for other purposes.
Referred to the Committee on Natural Resources.
HB 46. By Mr. McCutchen of Gilmer:
A Bill to be entitled an Act to amend Title 114 of the Code of Georgia of 1933 relating to Workmen's Compensation, so as to change the maxi mum and minimum weekly compensation, and for other purposes.
Referred to the Committee on Industrial Relations.
HB 47. By Mr. Smith of Grady:
A Bill to be entitled an Act to amend an Act creating a Small Claims Court in certain counties, and for other purposes.
Referred to the Committee on Local Affairs.
HB 48. By Messrs. M. M. Smith, and McClelland of Fulton:
A Bill to be entitled an Act to forbid the imposing of a death penalty upon any person under the age of eighteen years for the commission of any crime or crimes in the State of Georgia, and for other purposes.
Referred to the Committee on Welfare.
HB 49. By Mr. Walker of Lowndes: A Bill to be entitled an Act to amend an Act relating to lease and administration of the estates, so as to make provisions relative to tim ber, oil, gas and mineral leases and contracts, and for other purposes.
Referred to the Committee on Judiciary.

THURSDAY, JANUARY 12, 1961

137

HB 50. By Messrs. Fleming, Hull and Fuqua of Richmond:
A Bill to be entitled an Act to amend the Charter of the City of Augusta, relating to the fire department, and for other purposes.
Referred to the Committee on Local Affairs.

HB 51. By Messrs. Fleming, Hull and Fuqua of Richmond:
A Bill to be entitled an Act to amend the charter of the City of Augusta, so as to grant the City Council the right to condemn private property in Richmond County outside and beyond its corporate city limits for the construction and laying down of drains and sewers, and for other purposes.
Referred to the Committee on Local Affairs.

HR 27-51. By Mr. McClelland of Fulton:
A Resolution to compensate Mrs. Barbara Ann Marshall (State High way Dept.) and for other purposes.
Referred to the Committee on Appropriations.

HR 28-51. By Mr. McCutchen of Gilmer:
A Resolution to designate a bridge across the Coosawattee River in Gilmer County, near the intersection of State Highway Numbers 5 and 282 as the Cobb Bridge, and for other purposes.
Referred to the Committee on State Institutions and Property.

HR 29-51. By Mr. McCutchen of Gilmer:
A Resolution to compensate Mrs. Jud S. Haren (State Highway Dept.) and for other purposes.
Referred to the Committee on Appropriations.

HB 52. By Mr. McClelland of Fulton:
A Bill to be entitled an Act to amend an Act creating a Department of Public Safety, and providing for the issuance, suspension and revocation of motor vehicle driver's licenses, and for other purposes.
Referred to the Committee on Motor Vehicles.

HB 53. By Messrs. Duncan of Carroll, Scoggin and Lowrey of Floyd, Phillips, Thornton and Taylor of Bibb, Waldrop of Carroll, Barber of Jackson, and many others.
A Bill to be entitled an Act to be known as the "Motor Vehicle Cer tificate of Title Act", and for other purposes.
Referred to the Committee on Motor Vehicles.

HB 54. By Mr. Culpepper of Talbot: A Bill to be entitled an Act to amend an Act creating the office of

138 \

JOURNAL OF THE HOUSE,

Tax Commissioner of Talbot County, so as to change the compensation of the Tax Commissioner, and for other purposes.

Referred to the Committee on Local Affairs.

HB 55. By Mr. Ross of Lincoln:
A Bill to be entitled an Act to provide that any real estate held by the State of Georgia in fee simple or under a quit claim deed with a reversionary interest in the federal government or under a long term federal license agreement with a reversionary interest in the federal government may be improved with funds appropriated for a State Department, and for other purposes.
Referred to the Committee on Special Judiciary.

HB 56. By Messrs. Bolton of Spalding, Hale of Bade, Pannell of Murray, Rowland of Johnson, Steis of Harris and Vaughn of Rockdale:
A Bill to be entitled an Act to amend an Act so as to provide that all municipalities shall be authorized to expend funds to map, plat, and appraise all taxable properties in the municipality, and to make reevaluations of taxable property; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 57. By Messrs. Bolton of Spalding, Hale of Dade, Pannell of Murray, Rowland of Johnson, Steis of Harris and Vaughn of Rockdale:
A Bill to be entitled an Act to amend an Act relating to the terms of office of members of the county boards of tax assessors, so as to pro vide that the several members of the county boards of tax assessors shall serve at the pleasure of the appointing authority; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 58. By Messrs. Bolton of Spalding, Hale of Dade, Pannell of Murray, Rowland of Johnson, Steis of Harris and Vaughn of Rockdale:
A Bill to be entitled an Act to amend an Act relating to the ineligibility of Tax Assessors to hold other public offices, and for other purposes.
Referred to the Committee on Special Judiciary.

HB 59. By Messrs. Bolton of Spalding, Hale of Dade, Pannell of Murray, Rowand of Johnson, Steis of Harris, Vaughn of Rockdale:
A Bill to be entitled an Act to amend an Act relating to prerequisites for deeds before they are admitted to record, so as to provide that no deed to realty shall be entitled to record unless said deed bears a certification by the local tax official charged with the duty of receiv ing tax returns in the county wherein the land lies that the conveyance has been duly noted and recorded in the office of the said tax official, and for other purposes.
Referred to the Committee on Special Judiciary.

THURSDAY, JANUARY 12, 1961

139

HB 60. By Messrs. Phillips, Thornton and Taylor of Bibb:
A Bill to be entitled an Act to amend an Act relating to how jurors' names shall be selected from the jury box, in certain counties, and for other purposes.
Referred to the Committee on Local Affairs.
By unanimous consent, the following Bills and Resolutions of the House were read the second time:
HB 18. By Messrs. Pickard, Dicus and Wickham of Muscogee:
A Bill to be entitled an Act to create the Muscogee County School Dis trict to provide for a First and Second Vice President of the Muscogee County Board of Education; and for other purposes.
HB 19. By Mr. Pickard of Muscogee:
A Bill to be entitled an Act to amend an Act entitled the "Unemploy ment Compensation Law", so as to provide that any service performed by any real estate agent for which his sole remuneration from his employer is through commissions, that such service shall not be deemed to be employment within the meaning of this Act, and for other pur poses.
HB 20. By Mr. Parker of Appling:
A Bill to be entitled an Act to amend an Act establishing the City Court of Baxley, and for other purposes.
HB 21. By Messrs. Crawford, Funk and Dickey of Chatham:
A Bill to be entitled an Act to repeal an Act entitled "Local Govern ment Improvement Commission in Certain Counties", and for other purposes.
HB 22. By Messrs. Cox and Matthews of Clarke:
A Bill to be entitled an Act to amend an Act establishing a retirement system for teachers in the State Public Schools and other State sup ported Schools, so as to vest retroactively in members who withdraw from service prior to attaining retirement age and -who completed at least twenty years of creditable service prior to January 1, 1954 and who have not withdrawn their contributions, service retirement bene fits upon their attainment of age sixty or subsequent thereto; and for other purposes.
HB 23. By Mr. Kidd of Baldwin:
A Bill to be entitled an Act to amend an Act entitled "An Act to de clare certain days as public and legal holidays, so as to declare May 30th of each year as a legal holiday," and for other purposes.

HB 24. By Mr. Kidd of Baldwin:
A Bill to be entitled an Act to amend an Act known as the "Current Income Tax Payment Act of 1960, so as to provide withholding exemp tions for disabled veterans; and for other purposes.

140

JOURNAL OF THE HOUSE,

HB 25. By Messrs. Kidd and Chandler of Baldwin:
A Bill to be entitled an Act to provide financial assistance for any school district wherein three per cent or more of the population is employed by the State of Georgia, and for other purposes.

HB 26. By Mr. Kidd of Baldwin:
A Bill to be entitled an Act to amend an Act known as the "Current Income Tax Payment Act of 1960," so as to provide withholding exemp tions for disabled veterans; and for other purposes.

HB 27. By Messrs. Kidd and Chandler of Baldwin:
A Bill to be entitled an Act to amend an Act relating to fees paid to coroners, so as to exempt certain counties from the operation of certain sections from said Act, and for other purposes.

HB 28. By Messrs. Kidd and Chandler of Baldwin:
A Bill to be entitled an Act to amend an Act effecting a complete revis ion of the Laws of this State relating to the qualification and regis tration of voters, so as to change the time within which a person must vote in order for his name to be retained on the registration list; and for other purposes.

HB 29. By Mr. Kidd of Baldwin:
A Bill to be entitled an Act to amend an Act to effect a complete revision of the laws of this State relating to the qualifications and registration of voters, so as to provide a different method of selecting County Registrars in counties having a certain population and for other purposes.

HB 30. By Messrs. Kidd and Chandler of Baldwin:
A Bill to be entitled an Act to amend an Act abolishing the office of the members of the County Board of Tax Assessors in counties having a population of not less than 29,050 nor more than 30,275, and for other purposes.

HB 31. By Mr. Chandler of Baldwin:
A Bill to be entitled an Act to amend an Act relating to the organiza tion, powers and duties of the State Board of Corrections and prisons, public works camps and prisoners, so as to provide that no prisoner shall be allowed to operate any type of motor vehicle in certain in stances unless he holds a valid Georgia Operators' License and has a perfect driving record; and for other purposes.

HB 32. By Messrs. Kidd and Chandler of Baldwin:
A Bill to be entitled an Act to amend an Act relating to motor vehicle licenses, so as to provide a reduction in the rate of fees for passenger cars at certain periods during the calendar year; and for other pur poses.

THURSDAY, JANUARY 12, 1961

141

HB 33. By Messrs. Brooks, Smith and McClelland of Fulton:
A Bill to be entitled an Act to amend, consolidate, create, revise and supercede the several Acts incorporating the Town of Alpharetta, and for other purposes.

HB 34. By Messrs. Bowen of Randolph, Jordan of Calhoun, Odom of Dougherty, Undercofler of Sumter, Killings-worth of Clay, Pordham of Bulloch and Lane of Bulloch:
A Bill to be entitled an Act to authorize and provide a contingent expense and travel allowance, payable from the treasury of the State of Georgia, for all duly appointed reporters of the Superior Courts of the Judicial Circuits of the State of Georgia, and for other purposes.

HB 35. By Mr. Rowland of Johnson:
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 Conditional Bills of Sale for Three Hundred Dollars or less in amount relating to House hold and Kitchen furniture, furnishings, goods, or other appliances, but not including items that become fixtures when put to the particu lar use of the purchaser, when filed for record within two years of their date, shall have priority from the date of its execution; and for other purposes.

HB 36. By Mr. Smith of Emanuel:
A Bill to be entitled an Act to abolish the State Housing Authority Board; to repeal all laws creating and establishing the State Housing Authority Board and the Office of the State Director of Housing; to validate acts of public officers; and for other purposes.
HB 37. By Mr. Boggs of Madison:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Comer, and for other purposes.
HB 38. By Messrs. Floyd of Chattooga, Fowler of Douglas, Phillips of Bibb, Moate of Hancock, Abney of Walker and Thornton of Bibb and others:
A Bill to be entitled an Act to amend an Act creating a State Highway Board, so as to provide for the creation of State Highway Districts; to provide that members of the State Highway Board be elected by qualified voters of his respective Highway District, and for other purposes.
HB 39. By Messrs. Phillips and Taylor of Bibb:
A Bill to be entitled an Act to amend an Act creating the Department of Public Safety, so as to provide that "Learner's Operator's and Chauffeur's licenses shall expire on the birthdate of the holder thereof; and for other purposes.
HR 18-39. By Messrs. Pickard, Dicus and Wickham of Muscogee:
A Resolution authorizing the Governor to convey certain real estate owned by the State of Georgia in Muscogee County and used for Mili-

142

JOURNAL OF THE HOUSE,

tary purposes to the City of Columbus, in exchange for a conveyance by the City of Columbus to the State of certain other real estate located in Muscogee County suitable for use for military purposes and acceptable by the Military Department for such usage, and for other purposes.

HR 19-39. By Mr. Kirkland of Tattnall:
A Resolution authorizing payment of costs in habeas corpus proceed ings to the Clerk of Tattnall Superior Court and Reidsville City Court, and for other purposes.

HR 20-39. By Messrs. Kidd and Chandler of Baldwin:
A Resolution creating the Mental Health Study Committee; and for other purposes.

HR 21-39. By Messrs. Kidd and Chandler of Baldwin:
A Resolution proposing an amendment to the Constitution so as to provide for an annual General Appropriations Act; and for other purposes.

HR 22-39. By Messrs. Kidd and Baldwin of Chandler:
A Resolution proposing an amendment to the Constitution so as to provide for four-year terms for members of the General Assembly; and for other purposes.

HR 23-39. By Mr. Phillips of Walton:
A Resolution to compensate T. W. Smith (State Highway Dept.) and for other purposes.

HR 24-39. By Mr. Phillips of Walton:
A Resolution to compensate John Broach (DPS), and for other pur poses.

HR 25-39. By Mr. Phillips of Walton: A Resolution to compensate J. D. Dillard (State Highway Dept.) and for other purposes.
HR 26-39. By Messrs. Kidd and Chandler of Baldwin: A Resolution to amend Rule 212 of the House of Representatives, and for other purposes.
The following Resolutions of the House were read and adopted:
HR 30. By Messrs. Bolton of Spalding, Melton of Spalding, Peyton of Coweta, and others: A RESOLUTION Calling a joint session of the House and Senate to hear an address by the Honorable John J. Flynt, Jr.; and for other purposes.

THURSDAY, JANUARY 12, 1961

143

WHEREAS, Honorable John J. Plynt, Jr., a member of the United States Congress from the 4th Congressional District of Georgia, is one of the outstanding Congressmen of the United States, and
WHEREAS, he has exhibited a devotion to his State and to his District far beyond the call of duty, and
WHEREAS, he is a man of outstanding character, integrity, and ability and it would be highly advantageous to the members of this body to hear a message from Congressman Flynt.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that a joint session of the House and Sen ate be held in the hall of the House of Representatives on Wednesday, February 1, 1961 at 2:00 o'clock P.M., for the purpose of hearing an address by the Honorable John J. Flynt, Jr.
BE IT FURTHER RESOLVED that Lieutenant Governor Gar land T. Byrd and the House Speaker Go. L. Smith II, are hereby authorized to make whatever arrangements are necessary relative to the appearance of Congressman Flynt.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to immediately transmit a copy of this Resolution to Congressman Flynt.

HR 33. By Mr. Smith of Emanuel:
A RESOLUTION
WHEREAS, The Office of Secretary of State is the depository of statistical and informational documents, and
WHEREAS, The General Assembly of Georgia in the past has di rected the Secretary of State to prepare and distribute the Georgia Official and Statistical Register, and
WHEREAS, The Georgia Official and Statistical Register is the only document in the State that has the statistical information that is now being required as a study in the High Schools and Colleges of the State of Georgia.
THEREFORE, The General Assembly of Georgia authorizes the Secretary of State to print and distribute not less than one (1) copy of the Georgia Official and Statistical Register to each member of the General Assembly of Georgia, each department head and each High School in the State of Georgia, and, also, to every unit of the Uni versity System, and that the preparing, editing, printing, and distribut ing to be paid from the funds of the Legislative branch as now pro vided by law.

HR 34. By Messrs. Summers of Crisp and Massee of Pulaski:
A RESOLUTION
Commending Honorable George B. Hamilton, State Treasurer; and for other purposes.
WHEREAS, Honorable George B. Hamilton, State Treasurer, has exhibited a true sense of duty and responsibility in following the laws

144

JOURNAL OF THE HOUSE,

of the State of Georgia in retaining in the State Treasury the un expended portion of the apportionment of certain schools of the Uni versity System; and
WHEREAS, his courageous action is hailed by the citizens of this State as an exemplification of outstanding character and devotion to his State;
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that Honorable George B. Hamilton, State Treasurer, is hereby commended for his actions as aforesaid in abid ing by the laws of Georgia, and the support of his courageous stand is hereby extended to him by the members of this Body.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to immediately transmit a copy of this Resolution to the Honorable George B. Hamilton.

HR 37. By Messrs. Dorminy of Ben Hill and Mixon of Irwin:
A RESOLUTION
Extending congratulations to George Milhollin on the occasion of his fourth birthday; and for other purposes.
WHEREAS, Thursday, January 12th, 1961, is the occasion of the fourth birthday of George Milhollin the young son of Representative and Mrs. Henry Milhollin of Coffee County; and
WHEREAS, George is acting as a Honorary Page for the House of Representatives and assisting the members of this Body in their appointed duties;
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that sincerest congratulations are hereby ex tended to George Milhollin on his fourth birthday, and congratulations are extended to Representative and Mrs. Henry Milhollin for having such a fine young son.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a suitable copy of this Resolution to Representative and Mrs. Henry Milhollin.

Mr. Bolton of Spalding County, Chairman of the Committee on Special Judiciary, submitted the following report:

Mr. Speaker:

Your Committee on Special Judiciary has had under consideration the following Bill of the House and has instructed me as Chairman, to report the same back to the House with the following recommendation:

HB 10. Do Pass.

Respectfully submitted,

Bolton of Spalding, Chairman.

The following Resolution of the House was read and referred to the Com mittee on Judiciary:

THURSDAY, JANUARY 12, 1961

145

HR 31. By Messrs. Brooks of Fulton, Phillips of Bibb, Andrews of Hall, Mc Clelland of Fulton and others:
A RESOLUTION
Creating a Committee to investigate and study matters relating to insurance; and for other purposes.
WHEREAS, in the past decade there has been a great volume in crease in the number of law suits filed in the various courts of our State, and particularly in cases involving actions sounding in tort; and
WHEREAS, because of this great increase in volume of suits filed in the various courts of this State, in some of the judicial circuits of Georgia often times two years shall have lapsed before a complaining party is permitted to place before a jury his contentions as to a pending suit, and in case of an appeal the time element runs upwards to three to three and one-half years from the time of filing of a law suit; and
WHEREAS, it is the belief of this General Assembly that justice long delayed is justice denied; and
WHEREAS, it is imperative, if justice is to prevail for all parties, that each party complainant shall, at the earliest possible time, be awarded his day in court; and
WHEREAS, this Legislature feels it is necessary that all parties at interest to various claims and law suits should negotiate in the utmost good faith in an effort to minimize the amount of litigation in the courts of this State, thus resulting in the discouragement of litiga tion, thereby saving the taxpayers of Georgia large sums of money, in addition to furthering the cause of justice; and
WHEREAS, it has been brought to the attention of several mem bers of this House that various Liability Insurance Companies licensed to do business in this State, have not at all times acted in good faith in dealing both with their insured and with claimants, and have, be cause of their conduct, caused unnecessary litigation, and in a large measure are responsible for much of the delay in trying cases in the various courts of this State; and
WHEREAS, the said insurance companies have taken advantage of this delay and arbitrarily refused to negotiate with complainants where complainants' claims are bona fide and valid, thus resulting in additional litigation in the courts of this State, all to the useless and unnecessary expense of the taxpayers of Georgia; and further forcing claimants to accept lesser amounts than they are entitled to because of this delay, and
WHEREAS, it has been brought to the attention of certain mem bers of the House of Representatives that on several occasions adjusters for some of said insurance companies, acting as agents for said com panies, have purportedly settled claims with claimants and counsel for claimants in good faith, through negotiation, and after claimants had been so notified by their counsel that in oral communication, with the adjusters of the insurance company their claim had been settled, that, in spite of these facts, on numerous occasions counsel for the claimant would later be advised by the adjuster that some superior had turned down the proposition with respect to settlement, and this

146

JOURNAL OF THE HOUSE,

said conduct on the part of said Insurance Companies has brought about embarrassment to many lawyers who have dealt with them in good faith on the basis of a settlement through oral negotiations, as in many instances counsel would have advised their clients and claimants that for all practical purposes their claim had been settled, having relied upon the representations made by the adjuster as aforesaid; and
WHEREAS, this General Assembly believes that all parties to litigation where the claim is meritorious should undertake to amicably adjust same if same could be adjusted on a reasonable and just basis in order to prevent unnecessary litigation; and
WHEREAS, this General Assembly recognizes it is a tremendous expense to the taxpayers of this State for each day the courts are in operation; and
WHEREAS, in some of the larger circuits of Georgia they are in operation almost daily; and
WHEREAS, any bad faith exercised by any company authorized to do business in this State directly affects the taxpayers and citizens of Georgia, as well as the parties at interest in a law suit, and these sub jects herein outlined in this Resolution each addresses itself to the members of this House; and
WHEREAS, it is apparent that the problem involving some of these Insurance Companies is not one just between said Insurance Companies and complainants, but likewise includes their own insured who, in many instances, are required to attend various sessions of court in defense of a claim, all resulting in the insured not only wasting their time in the courts of this State and away from their business, but likewise resulting in additional expense to the said insured and to the taxpayers; and
WHEREAS, it is apparent that the problems involving the said insurance companies are of sufficient magnitude to require investiga tion by a committee of the members of this House,
BE IT THEREFORE RESOLVED AS FOLLOWS:
There is hereby created a committee of five members of this House, to be appointed by the Speaker of the House, who are hereby charged with the responsibility of holding hearings, with the power to swear witnesses, hear testimony and make inquiry into the allegations of bad faith against the said insurance companies and give said companies an opportunity to answer said charges; and
BE IT FURTHER RESOLVED that this committee request the attendance of the Insurance Commissioner of this State to observe said hearings and hear the evidence adduced at said hearings; and
BE IT FURTHER RESOLVED that this committee shall have power to obtain the services of legal counsel, on the condition however that said counsel shall not be a financial responsibility of the State of Georgia or of this General Assembly; and
BE IT FURTHER RESOLVED that this said Resolution be adopted on the condition that the said committee shall serve without pay for said investigation herein made; and

THURSDAY, JANUARY 12, 1961

147

BE IT FURTHER RESOLVED that after conducting said hear ings, this said committee shall make a report back to the 1961 regular session of the General Assembly of this State and said committee shall have the power to make such recommendations with respect to legisla tion or regulations with respect to said company or companies both to the General Assembly and to the Insurance Commissioner as the committee feels are proper under the evidence that all be adduced and the circumstances in reference to the license of said companies to do business in the State of Georgia; and
BE IT FURTHER RESOLVED that said committee herein created shall be dissolved simultaneously with the adjournment of said regular session of the General Assembly.

The following Resolution of the House was read and referred to the Com mittee on Rules:

HR 32. By Mr. Twitty of Mitchell:
A RESOLUTION
Creating the Criminal Law Study Committee; and for other pur poses.
WHEREAS, the criminal laws of this State have not been revised for over 25 years and many of such laws are completely obsolete; and
WHEREAS, many criminal laws are necessarily verbose, some are difficult of distinction, many are overlapping and others are extremely difficult to interpret; and
WHEREAS, all of the above leads to confusion in the field of criminal law and acts as a handicap to both the accused and the prosecution; and
WHEREAS, the Georgia Bar Association has adopted a recom mendation of its Standing Committee on Criminal Law and Procedure to the effect that a committee be created to make a thorough study of all the laws of this State relating to criminal law and procedure; and
WHEREAS, it is felt that the creation of such a committee and the revision of the criminal laws of this State would be of untold benefit, either directly or indirectly, to every citizen of this State;
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is hereby created a Criminal Law Study Committee. Said Committee shall consist of ten members, as follows: Two members of the Senate, to be appointed by the Lieu tenant Governor; two members of the House of Representatives, to be appointed by the Speaker of the House; one member of the Standing Committee on Criminal Law and Procedure of the Georgia Bar Asso ciation, to be appointed by the Governor; one member of the Superior Court Judges Association, to be appointed by the Governor; one mem ber of the Solicitors General Association, to be appointed by the Gov ernor; one member of the City Court Judges Association, to be ap pointed by the Governor; one member of the City Court Solicitors Association, to be appointed by the Governor and one member of the staff of the Attorney General, to be appointed by the Governor. All appointments shall be made within 30 days after the approval of this

148

JOURNAL OF THE HOUSE,

Resolution by the Governor, or within 30 days after it otherwise be comes law.
The Committee shall meet within 30 days after all members have been named for the purpose of organizing and electing a Chairman, a Secretary and such other officers as deemed desirable by the Com mittee. For the purpose of setting the date for such first meeting, making the necessary arrangements relative thereto and presiding until a Chairman is elected, the member from the Standing Committee on Criminal Law and Procedure of the Georgia Bar Association is hereby designated as temporary Chairman. Ample notice of the date, time and place of the first meeting shall be given by the temporary Chairman. At such first meeting, the Committee shall adopt procedures for its operation and act upon such other matters as deemed advisable. Future meetings of the Committee shall be held upon call of the Chair man and under such other procedures as may be adopted by the Com mittee. A majority of the membership of the Committee shall con stitute a quorum and a majority vote of the members present shall be sufficient for transacting business of the Committee.
The Committee shall conduct a thorough study of the criminal laws of this State and all laws relating directly or indirectly thereto. It shall study problems which have arisen due to ambiguities and incon sistencies in the present law and shall formulate a revision of the laws relative to criminal law and procedure. The Committee is authorized to hold public hearings. The Committee shall remain in effect until, in its opinion, its work as provided for herein is completed. The per sons originally appointed as members of the Committee shall remain as members of the Committee until the completion of its work, even though no longer being a member of the group from which originally appointed. Provided, however, that in the event of a vacancy due to death, resignation, or other cause, the Governor shall fill the vacancy by appointing a person from the group in wlr'ch the vacancy occurs. Provided, further, that the above shall not apply to the members from the General Assembly, and such members shall remain on the Com mittee only so long as they continue to be members of the General Assembly. In the event of a vacancy from the Senate, the Lieutenant Governor shall fill the vacancy, and in the event of a vacancy in the House of Representatives, the Speaker of the House shall fill the vacancy. The Committee is authorized to distribute reports of its operation if deemed advisable.
The Committee is hereby authorized to appoint subcommittees and adopt such procedures as it feels will best serve the purposes for which it is created. In order to perform its duties more efficiently, the Committee is authorized to employ clerical help and an editorial and research staff and fix the compensation therefor, subject to the approval of the Governor. The Committee is authorized to obtain such materials, sup plies and equipment as it deems necessary to accomplish its duties and purposes. The members of the Committee shall receive the compensa tion, per diem, expenses and allowances authorized for members of interim legislative committees, including travel. All funds necessary for the purposes of this resolution shall come from the funds appro priated to the legislative branch of the government and from any other available funds.
The following message was received from the Senate through Mr. Stewart, the Secretary thereof:

THURSDAY, JANUARY 12, 1961

149

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

HR 10. By Mr. Twitty of Mitchell:
A Resolution calling a joint session of the House and Senate for the purpose of electing the Legislative Counsel; and for other purposes.

HR 11. By Messrs. Smith of Emanuel, Twitty of Mitchell, Scoggin of Floyd, Underwood of Montgomery and Hill of Meriwether:
A Resolution calling a joint session of the House and Senate to hear an address by Honorable Bert Combs, Governor of Kentucky; and for other purposes.

HR 14. By Messrs. Smith of Emanuel, Twitty of Mitchell, Scoggin of Floyd and Underwood of Montgomery:
A Resolution expressing appreciation to the Clarke County delegation and the University of Georgia; and for other purposes.

HR 15. By Messrs. Smith of Emanuel, Twitty of Mitchell, Scoggin of Floyd, and Underwood of Montgomery:
A Resolution expressing appreciation to the Institute of Law and Government; and for other purposes.

HR 16. By Messrs. Smith of Emanuel, Twitty of Mitchell, Scoggin of Floyd and Underwood of Montgomery:
A Resolution expressing appreciation for the Institute for Legislators; and for other purposes.

HR 17. By Messrs. Smith of Emanuel, Twitty of Mitchell, Scoggin of Floyd and Underwood of Montgomery:
A Resolution expressing appreciation for the dinner during the Insti tute for Legislators; and for other purposes.

The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has amended the following Resolution of the House, to-wit:

HR 9. By Mr. Twitty of Mitchell:
A Resolution calling a joint session of the House and Senate for the purpose of electing a member of the State Highway Board; and for other purposes.

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

150

JOURNAL OP THE HOUSE,

Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following Bill of the Senate to wit:

SB 1. By Senators Sanders of the 18th, Jones of the 23rd, Gardner of the 47th and others:
A Bill to amend an Act creating the State Highway Board, approved February 2, 1950 (Ga. Laws 1950, p. 62), as amended, so as to authorize the State Highway Board to execute and perform lease contracts under certain Authority Acts; and for other purposes.

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

HB 10. By Messrs. Sheffield of Brooks, Walker and Budd of Lowndes, Keyton and Bozeman of Thomas and Newton of Colquitt:
A Bill to be entitled an Act to amend an Act which provides for a sup plement to the compensation of the Judge of the Superior Courts of the Southern Judicial Circuit and for payment of such supplement in specified amounts by the counties comprising the Southern 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 122, nays 0.

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

HB 12. By Messrs. Killian and Flexer of Glynn:
A Bill to be entitled an Act to amend an Act authorizing the govern ing authority of counties having a certain population to provide for Building Codes and other Codes, so as to change the population and census figures, and for other purposes.

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

On the passage of the Bill, the ayes were 122, nays 0.

The Bill, having received the requisite constitutional majority, was passed.
The Speaker administered the oath to Honorable Harry B. Bailey, of Rich mond County, Sheriff of the House of Representatives.
The following Resolution of the House was taken up for the purpose of considering the Senate amendment thereto:
HR 9. By Mr. Twitty of Mitchell: A Resolution calling a joint session of the House and Senate for the

THURSDAY, JANUARY 12, 1961

151

purpose of electing a member of the State Highway Board; and for other purposes.

The following Senate amendment was read:
The Senate moves to amend HR 9 by striking the figures and words "2:00 o'clock P.M.," wherever they appear in said Resolution, and inserting in lieu thereof, "12:00 o'clock noon."

The Senate amendment to HR 9 was agreed to.

The hour of 12:00 o'clock noon having arrived, the Senate appeared upon the floor of the House and the General Assembly convened in Joint Session, under the provisions of HR 9 and 10, for the purpose of electing a member of the State Highway Board from the Central Highway District for the unexpired term of Honorable Robert H. Jordan ending February 8, 1966, and for the pur pose of electing a Legislative Counsel.

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

The Secretary read the Resolutions providing for the Joint Session.

The members of the General Assembly from the Central Highway District caucused and Senator Sanders of the 18th reported that the Representatives and Senators from the Central Highway District recommended the election of Honorable Clarke W. Duncan as a member of the State Highway Board of Geor gia to succeed Honorable Robert H. Jordan.

The President announced that the General Assembly was now ready to receive nominations for the member of the State Highway Board from the Central Highway District.

Senator Jackson of the 24th placed in nomination the name of Honorable Clarke W. Duncan, from Marion County.

Representatives Stevens of Marion, Hill of Meriwether, Cox of Clarke and Lovett of Laurens, seconded the nomination of Honorable Clarke W. Duncan.

Senator Sanders from the 18th moved the nominations be closed, and the motion prevailed.

The following Joint Resolution was read and unanimously adopted by the General Assembly:

JR 1. By Senator Sanders of the 18th and Mr. Twitty of Mitchell:
A RESOLUTION
Relative to the election of a member of the State Highway Board from the Central State Highway District; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA IN JOINT SESSION ASSEMBLED that Honorable Clarke W. Duncan of Marion County is hereby elected and declared to be a mem-

152

JOURNAL OF THE HOUSE,

her of the State Highway Board of Georgia from the Central State Highway District to serve an unexpired term ending February 8, 1966.
BE IT FURTHER RESOLVED that a copy of this Resolution be delivered to His Excellency, the Governor, and to the Secretary of State, and said Honorable Clarke W. Duncan be commissioned as a member of the State Highway Board of Georgia from the Central State Highway District of Georgia for the unexpired term ending February 8, 1966.

The President declared that Honorable Clarke W. Duncan was elected as a member of the State Highway Board from the Central Highway District for the unexpired term of Honorable Robert H. Jordan, ending on February 8, 1966.

The President appointed as a committee to notify Honorable Clarke W. Duncan, of his election to the State Highway Board and to escort him to the House chamber:

Messrs. Ne Smith of Meriwether, Underwood of Taylor, Pelham of Schley and Pickard of Muscogee, and Senators McKenzie of the 13th and Whisnant of the 25th.

The President presented Mr. Duncan and his family to the members of the General Assembly.

In well chosen words, Mr. Duncan expressed his deep appreciation for the honor conferred upon him.

Under the provisions of HR 10 the following Resolution was read and unanimously adopted:

JR 2. By Senator Sanders of the 18th and Mr. Twitty of Mitchell:
A RESOLUTION
Relative to the election of the Legislative Counsel; and for other purposes.
WHEREAS, the Act creating the Joint Committee on the Opera tions of the General Assembly and creating the Office of Legislative Counsel provides that the Committee shall elect the Legislative Counsel subject to the approval of both branches of the General Assembly in joint session; and
WHEREAS, the Committee has met and elected Honorable Frank H. Edwards as Legislative Counsel and recommends to the General Assembly the approval thereof;
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA IN JOINT SESSION ASSEMBLED that the election of Honorable Frank H. Edwards by the Joint Committee on the Operations of the General Assembly is hereby approved and he is hereby declared to be Legislative Counsel as provided by law.
BE IT FURTHER RESOLVED that a copy of this resolution be transmitted to the Governor and to the Secretary of State.

THURSDAY, JANUARY 12, 1961

153

The President declared that Honorable Frank H. Edwards is the duly elected Legislative Counsel.

Mr. Twitty of Mitchell moved that the Joint Session be now dissolved, and the motion prevailed.

The President of the Senate announced the Joint Session dissolved.

The House was called to order by the Speaker.

By unanimous consent, the following Bill of the Senate was read the first time and referred to the Committee on Highways.

SB 1. By Senators Sanders of the 18th, Jones of the 23rd, Gardner of the 47th, and others:
A Bill to amend an Act creating the State Highway Board, approved February 2, 1950, (Ga. Laws 1950, p. 62), as amended, so as to author ize the State Highway Board to execute and perform lease contracts under certain Authority Acts; and for other purposes.

Leaves of absence for January 13, 1961, were granted to Messrs. Poole of Pickens, Bowen of Randolph and Duncan of Fannin.

Leave of absence for January 17, 1961, was granted to Mr. Parris of Barrow.

Mr. Twitty of Mitchell moved that the House do now adjourn until tomorrow morning at 9:30 o'clock a.m., and the motion prevailed.

The Speaker announced the House adjourned until tomorrow morning at 9:30 o'clock a.m.

154

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia. Friday, January 13, 1961.

The House met pursuant to adjournment at 9:30 o'clock, a.m., this day and was called to order by the Speaker.

Doctor Harry J. Pearsons, Pastor of the First Presbyterian Church of Swainsboro, Georgia, offered the following prayer:
Lord God of our fathers, Thou who hast granted unto our country freedom, and established sovereignty by the people's will, we thank Thee for those whom Thou hast raised up for our nation to defend our liberty, preserve our union and maintain law and order within our borders. Take under thy governance and protection the President of these United States, the President-elect, the governors of the states and especially Governor Vandiver of this state of Georgia, Lieut. Governor Byrd and Speaker of the House George Smith, and all others entrusted with authority and especially in these exacting and trying times that test their souls, that so defending them from all evil and enriching them with all good, our people may prosper in freedom beneath an equal law. In the time of prosperity fill our hearts with thankfulness and in the day of trouble suffer not our trust in Thee to fail, all of which we ask through Jesus Christ, our Lord. Amen.
By unanimous consent the call of the roll was dispensed with.

Mr. Black of Webster, Chairman of the Committee on Auditing, Enrolling, Engrossing and Journals reported that the Journal of the previous legislative day 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 uncontested Bills.
By unanimous consent, the following Bills and Resolution of the House were read the first time and referred to the Committees:
HB 61. By Messrs. Payton and Potts of Coweta: A Bill to be entitled an Act to amend an Act relating to the Charter of the City of Newnan and creating the office of City Manager of the

FRIDAY, JANUARY 13, 1961

155

City of Newnan and relating to Newnan Water Sewerage and Light Commission, and for other purposes.
Referred to the Committee on Local Affairs.

HB 62. By Messrs. Undercofler and Jones of Sumter:
A Bill to be entitled an Act to amend an Act establishing a Minimum Foundation Program of Education, so as to remove the provisions relat ing to the population of municipalities from the Section prescribing the procedure for determining the amount of funds needed by local units to pay teachers' salaries; and for other purposes.
Referred to the Committee on Education.

HB 63. By Mr. Duncan of Fannin:
A Bill to be entitled an Act to provide for a monthly salary for the Tax Receiver of Fannin County; to provide that said compensation shall be in addition to all compensation presently being received by said official, and for other purposes.
Referred to the Committee on Local Affairs.

HB 64. By Mr. Summers of Crisp:
A Bill to be entitled an Act to amend an Act relating to the issuance, renewal, revocation and suspension of an insurer's certificate of au thority, so as to prescribe certain causes for the revocation and sus pension thereof, and for other purposes.
Referred to the Committee on Insurance.

HB 65. By Messrs. Lowrey of Floyd, Raulerson of Echols, Taylor of Dawson, Ballard of Newton, Murphy of Haralson, Tamplin of Morgan and others:
A Bill to be entitled an Act to provide a method of returning motor vehicles, trailers, tractors and motorcycles for taxation as tangible property; to provide for the registration of the motor vehicles, etc., and for other purposes.
Referred to the Committee on Motor Vehicle.

HB 66. By Messrs. Bolton of Spalding, Hale of Bade, Pannell of Murray, Rowland of Johnson, Steis of Harris, and Vaughn of Rockdale:
A Bill to be entitled an Act to provide that the Senate Revenue Depart ment shall be authorized to contract with the several counties in order that assistance by the State might be provided to the individual coun ties in undertaking a property re-evaluation and advalorem tax equali zation program within the individual counties, and for other purposes.
Referred to the Committee on Special Judiciary.
HB 67. By Messrs. Scoggin of Floyd, Brooks of Fulton, Matthews of Clarke, Sheffield of Brooks, Duncan of Carroll, Kidd of Baldwin and others:
A Bill to be entitled an Act known as the "Georgia Drug and Cosmetic

156

JOURNAL OF THE HOUSE,

Act"; to regulate the sale, manufacture, distribution of cosmetics, drugs and related items; and for other purposes.
Referred to the Committee on Hygiene and Sanitation.
HB 68. By Mr. Boggs of Madison:
A Bill to be entitled an Act to provide that the salary of the Clerk of the Commission of Roads and Revenues in Madison County shall be fixed at $2800.00 per year; and for other purposes.
Referred to the Committee on Local Affairs.

HB 69. By Mr. Ray of Warren:
A Bill to be entitled an Act to provide for the extension of the corporate limits of the City of Warrenton, and for other purposes.
Referred to the Committee on Local Affairs.
HB 70. By Messrs. Matthews and Cox of Clarke, Twitty of Mitchell, Ray of Warren and Odom of Dougherty:
A Bill to be entitled an Act to amend an Act to provide for the holding of bar examinations in this State, and for other purposes.
Referred to the Committee on Judiciary.
HB 71. By Messrs. Lee and Blalock of Clayton:
A Bill to be entitled an Act to amend an Act placing the Ordinary 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 72. By Mr. Barnett of Baker:
A Bill to be entitled an Act to amend an Act relating to the qualifica tions of directors of banks, so as to provide that 60 per cent of said directors must be citizens of the State of Georgia and resident of the city or town in which the banks is located or within 40 miles thereof; and for other purposes.
Referred to the Committee on Banks and Banking.
HB 73. By Messrs. Scoggin of Floyd, Matthews of Clarke, Smith of Brantley, Lowrey of Floyd, Bynum of Rabun, Shuman of Bryan and others.
A Bill to be entitled an Act to provide for the examination and regis tration of persons engaged in the practice of Massage Therapy; and for other purposes.
Referred to the Committee on Hygiene and Sanitation.
HR 38-73. By Mr. Duncan of Fannin:
A Resolution to compensate Jack W. Stewart (DPS), and for other purposes.
Referred to the Committee on Appropriations.

FRIDAY, JANUARY 13, 1961

157

HB 74. By Messrs. Phillips and Thornton of Bibb, Andrews of Hall, Willingham of Cobb, Williams of Hall, Roberts of Jones, Killian of Glynn and others:
A Bill to be entitled an Act to amend the "Georgia Retailers' and Con sumer's Sales and Use Tax Act" so as to limit the collection of said tax to three per cent of the gross proceeds derived from the sale, use, distribution, consumption, storage, rental or lease of any property or services to provide a schedule for computing the tax to be charged and collected, and for other purposes.
Referred to the Committee on Ways and Means.

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

HB 40. By Mr. McCutchen of Gilmer:
A Bill to be entitled an Act to amend, consolidate and supersede the several Acts incorporating the City of Ellijay, and for other purposes.
HB 41. By Messrs. McCutchen of Gilmer, Duncan of Pannin, Poole of Pickens, Cloer of Towns and Akins of Union:
A Bill to be entitled an Act to amend an Act relating to punishments for violations of Election laws, so as to prohibit the solicitation of votes by any means or methods for any person or proposition on any election day within a specified distance of any voting place; and for other purposes.
HB 42. By Mr. Bowen of Toombs:
A Bill to be entitled an Act to amend an Act relating to the creation of a five-man board of Commissioners of Roads and Revenues for Toombs County, and for other purposes.
HB 43. By Mr. Brackin of Seminole:
A Bill to be entitled an Act to amend an Act relating to the compensa tion of the Treasurer of Seminole County, and for other purposes.

HB 44. By Messrs. Brackin of Seminole, Busbee of Dougherty, Baughman of Early, Raulerson of Echols, Parker of Appling and Been of Bacon:
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 provide for a threeday State-wide non-resident fishing license; and for other purposes.
HB 45. By Messrs. Parker and Hodges of Ware, Flexer and Killian of Glynn:
A Bill to be entitled an Act to amend an Act revising, superseding and consolidating the laws relating to the State Game and Fish Commis sion relating to the acquisition of land, and for other purposes.

HB 46. By Mr. McCutchen of Gilmer:
A Bill to be entitled an Act to amend Title 114 of the Code of Georgia of 1933 relating to Workmen's Compensation, so as to change the maximum and minimum weekly compensation, and for other purposes.

158

JOURNAL OP THE HOUSE,

HB 47. By Mr. Smith of Grady:
A Bill to be entitled an Act to amend an Act creating a Small Claims Court in certain counties, and for other purposes.

HB 48. By Messrs. M. M. Smith, and McClelland of Pulton:
A Bill to be entitled an Act to forbid the imposing of a death penalty upon any person under the age of eighteen years for the commission of any crime or crimes in the State of Georgia, and for other purposes.

HB 49. By Mr. Walker of Lowndes:
A Bill to be entitled an Act to amend an Act relating to lease and administration of the estates, so as to make provisions relative to tim ber, oil, gas and mineral leases and contracts, and for other purposes.

HB 50. By Messrs. Fleming, Hull and Fuqua of Richmond:
A Bill to be entitled an Act to amend the Charter of the City of Augusta, relating to the fire department, and for other purposes.

HB 51. By Messrs. Fleming, Hull and Fuqua of Richmond:
A Bill to be entitled an Act to amend the charter of the City of Augusta, so as to grant the City Council the right to condemn private property in Richmond County outside and beyond its corporate city limits for the construction and laying down of drains and sewers, and for other purposes.

HR 27-51. By Mr. McClelland of Fulton:
A Resolution to compensate Mrs. Barbara Ann Marshall (State High way Dept.) and for other purposes.
HR 28-51. By Mr. McCutchen of Gilmer:
A Resolution to designate a bridge across the Coosawattee River in Gilmer County, near the intersection of State Highway Numbers 5 and 282 as the Cobb Bridge, and for other purposes.
HR 29-51. By Mr. McCutchen of Gilmer:
A Resolution to compensate Mrs. Jud S. Haren (State Highway Dept.) and for other purposes.
HB 52. By Mr. McClelland of Fulton:
A Bill to be entitled an Act to amend an Act creating a Department of Public Safety, and providing for the issuance, suspension and revo cation of motor vehicle driver's licenses, and for other purposes.
HB 53. By Messrs. Duncan of Carroll, Scoggin and Lowrey of Floyd, Phillips, Thornton and Taylor of Bibb, Waldrop of Carroll, Barber of Jackson, and many others.
A Bill to be entitled an Act to be known as the "Motor Vehicle Certifi cate of Title Act", and for other purposes.

FRIDAY, JANUARY 13, 1961

159

HB 54. By Mr. Culpepper of Talbot:
A Bill to be entitled an Act to amend an Act creating the office of Tax Commissioner of Talbot County, so as to change the compensation of the Tax Commissioner, and for other purposes.

HB 55. By Mr. Ross of Lincoln:
A Bill to be entitled an Act to provide that any real estate held by the State of Georgia in fee simple or under a quit claim deed with a reversionary interest in the federal government or under a long term federal license agreement with a reversionary interest in the federal government may be improved with funds appropriated for a State Department, and for other purposes.

HB 56. By Messrs. Bolton of Spalding, Hale of Dade, Pannell of Murray, Rowland of Johnson, Steis of Harris and Vaughn of Rockdale:
A Bill to be entitled an Act to amend an Act so as to provide that all municipalities shall be authorized to expend funds to map, plat, and appraise all taxable properties in the municipality, and to make reevaluations of taxable property; and for other purposes.

HB 57. By Messrs. Bolton of Spalding, Hale of Dade, Pannell of Murray, Rowland of Johnson, Steis of Harris and Vaughn of Rockdale:
A Bill to be entitled an Act to amend an Act relating to the terms of office of members of the county boards of tax assessors, so as to pro vide that the several members of the county boards of tax assessors shall serve at the pleasure of the appointing authority; and for other purposes.

HB 58. By Messrs. Bolton of Spalding, Hale of Dade, Pannell of Murray, Rowland of Johnson, Steis of Harris and Vaughn of Rockdale:
A Bill to be entitled an Act to amend an Act relating to the ineligibility of Tax Assessors to hold other public offices, and for other purposes.

HB 59. By Messrs. Bolton of Spalding, Hale of Dade, Pannell of Murray, Rowland of Johnson, Steis of Harris, Vaughn of Rockdale:
A Bill to be entitled an Act to amend an Act relating to prerequisites for deeds before they are admitted to record, so as to provide that no deed to realty shall be entitled to record unless said deed bears a certification by the local tax official charged with the duty of receiv ing tax returns in the county wherein the land lies that the conveyance has been duly noted and recorded in the office of the said tax official, and for other purposes.

HB 60. By Messrs. Phillips, Thornton and Taylor of Bibb:
A Bill to be entitled an Act to amend an Act relating to how jurors' names shall be selected from the jury box, in certain counties, and for other purposes.

160

JOURNAL OF THE HOUSE,

SB 1. By Senators Sanders of the 18th, Jones of the 23rd, Gardner of the 47th and others:
A Bill to amend an Act creating the State Highway Board, so as to authorize the State Highway Board to execute and perform lease contracts under certain Authority Acts; and for other purposes.

Mr. Underwood of Montgomery 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 of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:

Following House Bills "Do Pass": HB 11. Do Pass. HB 13. Do Pass. HB 14. Do Pass. HB 16. Do Pass. HB 20. Do Pass. HB 33. Do Pass. HB 37. Do Pass.
Respectfully submitted, Underwood of Montgomery, Chairman.

Mr. Ballard of Newton County, Chairman of the Committee on Highways, submitted the following report:
Mr. Speaker:
Your Committee on Highways 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 1. Do Pass.
Respectfully submitted,
Ballard of Newton, Chairman.

The following communication from His Excellency, The Governor, was received and read:

FRIDAY, JANUARY 13, 1961

161

EXECUTIVE DEPARTMENT Atlanta

January 10, 1961
Honorable Garland T. Byrd President of the Senate
Honorable George L. Smith II Speaker of the House
State Capitol Atlanta, Georgia
Gentlemen:
In compliance with Article V, Section I, Paragraph IX of the Con stitution of the State of Georgia, I respectfully submit herewith to your Honorable Body criminal cases in which the death sentence was suspended by me:
State of Georgia v. Charles F. Hines, Jr.: convicted of Murder in Chatham County, Georgia, and sentenced to death by electrocution on January 22, 1960; sentence stayed for a period of thirty days on Janu ary 18, 1960, to permit the Pardon and Parole Board sufficient time to hear and determine the question of commutation; sentence further stayed for a period of thirty days on February 11, 1960, to give Pardon and Parole Board additional time to hear and render a decision thereon.
State of Georgia v. Morris Lee Harp; convicted of Murder in Fulton County, Georgia, and sentenced to death by electrocution on March 7, 1960; sentence stayed for a period of sixty days on March 4, 1960, to give Pardon and Parole Board additional time in which to hear and pass upon said case.
State of Georgia v. Herring Davis; convicted of Murder in Meriwether County, Georgia, and sentenced to death by electrocution on April 19, 1960; sentence stayed for a period of thirty days on April 13, 1960, to give Pardon and Parole Board additional time to hear and pass upon said case.
State of Georgia v. Frank Wilson; convicted of Murder in Warren County, Georgia, and sentenced to death by electrocution on April 22, 1960; sentence stayed for a period of thirty days on April 19, 1960, to give Pardon and Parole Board additional time to hear and pass upon said case.
State of Georgia v. Morris Lee Harp; convicted of Murder in Fulton County, Georgia, and sentenced to death by electrocution on May 20, 1960; sentence stayed for a period of ninety days on May 11, 1960, to enable Pardon and Parole Board sufficient time in which to hear appli cation for commutation and render a decision thereon.
State of Georgia v. James Fair, Jr.; convicted of Murder in Early County, Georgia, and sentenced to death by electrocution on June 17, 1960; sentence stayed for a period of sixty days on June 15, 1960, to permit his attorney, C. B. King of Dougherty County, Georgia, suffi cient time to pursue further legal action and to permit the Pardon and Parole Board additional time in which to render a decision thereon.

162

JOURNAL OP THE HOUSE,

State of Georgia v. Roy Lee Mullins; convicted of Murder in Fannin County, Georgia, and sentenced to death by electrocution on September 9, 1960; sentence stayed for a period of thirty days on September 7, 1960, to give Pardon and Parole Board additional time to hear and pass upon said case.

State of Georgia v. Leon (Lynn) Davis and Phil Whitus; convicted of Murder in Mitchell County, Georgia, and sentenced to death by elec trocution on October 28, 1960; sentence stayed for a period of sixty days on October 27, 1960, to give Pardon and Parole Board additional time to hear and pass upon said cases.

With kindest personal regard to each of you, I am

Sincerely,

SEV:jcc

S. Ernest Vandiver Governor

The following communication from the Speaker named a special sub-commit tee of the House University of Georgia committee with reference to the entrance of two Negro students to the University and the incidents thereto:

STATE OP GEORGIA House of Representatives
Atlanta, Ga.
January 13, 1961
As Speaker of the House of Representatives of the State of Geor gia, I hereby appoint and constitute a Special Sub-Committee of the House University System of Georgia Committee for the purpose of in terviewing officials, professors, students and employees of the Univer sity of Georgia at Athens, and any other person or persons regarding the entrance of the two Negro students to the University and events that transpired prior to, during the time and subsequent thereto.
It is the further duty and responsibility of this Committee to obtain as complete information as is possible regarding the actions of officials, professors, employees and students of the University; law enforcement officials, and any other persons so that the complete truth may be ascer tained.
I hereby call upon all persons having information that would be of benefit to the Committee to cooperate in every possible manner.
This Committee is further charged to complete their investigation and file a written report with me at the earliest possible date, which report will be filed with the Clerk of the House of Representatives for the information of the membership of the House.
The membership of this Committee shall be composed of the fol lowing:
George B. Brooks, Oglethorpe County, Chairman Ben B. Ross, Lincoln County Leonard Lokey, McDuffie County H. K. Undercofler, Sumter County Roy R. Kelly, Jasper County

FRIDAY, JANUARY 13, 1961

163

Witness my hand and official signature of my office this the 12th day of January, 1961.
Geo. L. Smith II Speaker of the House

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

HB 11. By Messrs. McClelland, M. M. Smith and Brooks of Fulton:
A Bill to be entitled an Act to amend an Act providing that cities having a population of more than 150,000 as disclosed by the U. S. Census of 1920, or subsequent census, shall furnish pensions to officers and em ployees of such cities, so as to provide that the compulsory retirement provisions of said Act shall not apply to the position of Assistant City Attorney; and for other purposes.

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

On the passage of the Bill, the ayes were 111, nays 0.

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

HB 13. By Mr. Johnson of Jenkins:
A Bill to be entitled an Act to amend an Act providing for supplemental compensation to the Ordinary of Jenkins County, so as to change such supplement; and for other purposes.

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

On the passage of the Bill, the ayes were 111, nays 0.

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

HB 14. By Mr. McGarity of Henry:
A Bill to be entitled an Act to amend 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 111, nays 0.

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

164

JOURNAL OP THE HOUSE,

HB 16. By Mr. Keadle of Lamar:
A Bill to be entitled an Act to amend the Act creating the Board of Com missioners of Roads and Revenues for Lamar County; and for other purposes.

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

On the passage of the Bill, the ayes were 111, nays 0.

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

HB 20. By Mr. Parker of Appling: A Bill to be entitled an Act to amend an Act establishing the City Court of Baxley; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 111, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 33. By Messrs. Brooks, Smith and McClelland of Fulton: A Bill to be entitled an Act to amend, consolidate, create, revise and supercede the several Acts incorporating the Town of Alpharetta; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 111, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 37. By Mr. Boggs of Madison: A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Comer; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 111, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

Leave of absence was granted for January 16 and 17, 1961 to Mr. Andrews of Hall.

FRIDAY, JANUARY 13, 1961

165

Mr. Twitty of Mitchell moved that the House do now adjourn until Monday morning, January 16, 1961, at 10:00 o'clock A.M., and the motion prevailed.

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

166

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia Monday, January 16, 1961

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

Prayer was offered by the Chaplain, Dr. W. H. Warren, pastor of the East Salem Church of Forsyth County, Gumming, Georgia.

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

Abney Adams Akins Andrews of Stephens Andrews of Hall Arnsdorff Ballard Barber Barnett of Wilkes Barnett of Baker Baughman Birdsong Black Blalock Boggs Bolton Bowen of Randolph Bowen of Toombs Boyett Bozeman Brackin Branch Brooks of Oglethorpe Brooks of Fulton Brown Busbee Bynum Caldwell Carswell Chance Chandler Clark of Catoosa Clarke of Monroe Cloer Cocke Coker Collins Conner Cox Crowe Davis Deen Dicus Dollar

Dorminy Doster Duncan of Fannin Duncan of Carroll Dunn Echols Fitzgerald Flexer Floyd Flynt Fordham Fowler of Douglas Fowler of Treutlen Greene Hale Hall of Lee Hall of Floyd Harrell Henderson Hill Hodges Howard Hurst Jernigan Johnson Joiner Jones of Liberty Jones of Worth Jones of Lumpkin Jones of Sumter Jordan Keadle Keyton Kidd Killian Killingsworth King Knight of Laurens Knight of Berrien Lane Lanier Lee Lewis Loggins

Lokey Lovett Lowrey Mackay Massee Matthews of Clarke Matthews of Colquitt McClelland McCracken McCutchen McDonald Melton Milhollin Miller Mixon Moate Moore Moorman Morgan Morris Moss Mullis Murphy NeSmith Newton Odom Otwell Pannell Paris Parker of Screven Parker of Ware Parker of Appling Farmer Payton Pelham Phillips of Columbia Phillips of Walton Phillips of Bibb Pickard Poole Potts Purcell Raulerson Ray

MONDAY, JANUARY 16, 1961

167

Roberts Rodgers of Charlton Rogers of Paulding Roper Rowland Rutland Sangster Scarborough Scoggin Sheffield Shuman Simmons Simpson Sinclair Singer Smith of Grady Smith of Brantley Smith of Fulton Smith of Habersham

Smith of Whitfield Steis Stevens Story Strickland Stuckey Summers Tamplin Taylor of Dawson Taylor of Decatur Taylor of Bibb Teague Thornton Todd Tucker Twitty Undercofler Underwood of
Montgomery

Underwood of Taylor Vaughn Waldrop Ware Watson Wells of Peach Wells of Oconee Wells of Camden White Wickham Wilkes Williams of Coffee Williams of Hall Wilson Woodward Young

Mr. Black of Webster, Chairman of the Committee on Auditing, Enrolling, Engrossing and Journals reported that the Joui-nal of the previous legislative day 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 uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions. 7. That the Speaker may in his discretion call up any Bill on the General
Calendar in any order that he desires.

Mr. Summers of Crisp arose to a point of personal privilege and addressed the House.

Mr. Lovett of Laurens arose to a point of personal privilege and addressed the House.
Mr. Bowen of Randolph arose to a point of personal privilege and addressed the House.
By unanimous consent, the following Bills of the House were read the first time and referred to the Committees:

168

JOURNAL OF THE HOUSE,

HB 75. By Messrs. Paris of Barrow, Simmons of Banks and Barber of Jackson:
A Bill to be entitled an Act to repeal an Act placing the court reporter of the Piedmont Judicial Circuit on a salary basis in lieu of a fee basis, so as to provide for additional compensation of the court reporters of the Piedmont Judicial Circuit; and for other purposes.
Referred to the Committee on Local Affairs.

HB 76. By Mr. Woodward of Butts:
A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Roads and Revenues for Butts County, so as to require a periodic audit of the books and records of certain officers of Butts County; and for other purposes.
Referred to the Committee on Local Affairs.

HB 77. By Mr. Woodward of Butts:
A Bill to be entitled an Act to change the compensation of the Ordinary of Butts County from the fee system to the salary system; and for other purposes.
Referred to the Committee on Local Affairs.

HB 78. By Mr. Woodward of Butts:
A Bill to be entitled an Act to change the compensation of the Tax Col lector of Butts County from the fee system to a system whereby such tax collector shall be entitled to certain commissions and a salary pro vided such commissions do not exceed a specific amount; and for other purposes.
Referred to the Committee on Local Affairs.

HB 79. By Mr. Woodward of Butts:
A Bill to be entitled an Act to change the compensation of the Sheriff of Butts County from the fee system to the salary system; and for other purposes.
Referred to the Committee on Local Affairs.
HB 80. By Messrs. Twitty of Mitchell and Smith of Emanuel:
A Bill to be entitled an Act to amend an Act so as to increase the number of Judges of the Court of Appeals of Georgia from seven to nine; to provide that the court shall sit in three divisions, composed of three judges in each division; and for other purposes.
Referred to the Committee on Judiciary.

HB 81. By Mr. Phillips of Bibb:
A Bill to be entitled an Act to amend an Act known as the Uniform Act Regulating Traffic on the Highways, so as to provide for an annual inspection of motor vehicles; and for other purposes.
Referred to the Committee on Motor Vehicles.

MONDAY, JANUARY 16, 1961

169

HB 82. By Messrs. Bolton and Melton of Spalding:
A Bill to be entitled an Act to amend the charter of the City of Griffin, by enlarging the present city boundaries and the corporate limits by the annexation of certain described property adjacent to the present city limits; and for other purposes.
Referred to the Committee on Local Affairs.

HB 83. By Messrs. Bolton and Melton of Spalding:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Griffin, so as to change the qualifications and election of members of the Board of Commissioners of The City of Griffin; and for other purposes.
Referred to the Committee on Local Affairs.

HB 84. By Messrs. Bolton and Melton of Spalding:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Griffin, so as to change the amount of appearance bonds and the deposit of collaterals or money; and for other purposes.
Referred to the Committee on Local Affairs.

HB 85. By Mr. Barber of Jackson:
A Bill to be entitled an Act to amend an Act creating the Minimum Foundation Program of Education, so as to provide for increased teach ers salaries through State funds; and for other purposes.
Referred to the Committee on Education.

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

HB 61. By Messrs. Payton and Potts of Coweta:
A Bill to be entitled an Act to amend an Act relating to the Charter of the City of Newnan and creating the office of City Manager of the City of Newnan and relating to Newnan Water Sewerage and Light Com mission; and for other purposes.

HB 62. By Messrs. Undercofler and Jones of Sumter:
A Bill to be entitled an Act to amend an Act establishing a Minimum Foundation Program of Education, so as to remove the provisions relat ing to the population of municipalities from the Section prescribing the procedure for determining the amount of funds needed by local units to pay teachers' salaries; and for other purposes.

HB 63. By Mr. Duncan of Fannin:
A Bill to be entitled an Act to provide for a monthly salary for the Tax Receiver of Fannin County; to provide that said compensation shall be in addition to all compensation presently being received by said official; and for other purposes.

170

JOURNAL OF THE HOUSE,

HB 64. By Mr. Summers of Crisp:
A Bill to be entitled an Act to amend an Act relating to the issuance, renewal, revocation and suspension of an insurer's certificate of author ity, so as to prescribe certain causes for the revocation and suspension thereof; and for other purposes.

HB 65. By Messrs. Lowrey of Floyd, Raulerson of Echols, Taylor of Dawson, Ballard of Newton, Murphy of Haralson, Tamplin of Morgan and others:
A Bill to be entitled an Act to provide a method of returning motor vehicles, trailers, tractors and motorcycles for taxation as tangible prop erty; to provide for the registration of the motor vehicles, etc.; and for other purposes.

HB 66. By Messrs. Bolton of Spalding, Hale of Bade, Pannell of Murray, Row land of Johnson, Steis of Harris, and Vaughn of Rockdale:
A Bill to be entitled an Act to provide that the State Revenue Depart ment shall be authorized to contract with the several counties in order that assistance by the State might be provided to the individual counties in undertaking a property re-evaluation and advalorem tax equalization program within the individual counties; and for other purposes.

HB 67. By Messrs. Scoggin of Floyd, Brooks of Fulton, Matthews of Clarke, Sheffield of Brooks, Duncan of Carroll, Kidd of Baldwin and others:
A Bill to be entitled an Act known as the "Georgia Drug and Cosmetic Act"; to regulate the sale, manufacture, distribution of cosmetics, drugs and related items; and for other purposes.

HB 68. By Mr. Boggs of Madison:
A Bill to be entitled an Act to provide that the salary of the Clerk of the Commission of Roads and Revenues in Madison County shall be fixed at $2800.00 per year; and for other purposes.

HB 69. By Mr. Ray of Warren:
A Bill to be entitled an Act to provide for the extension of the corporate limits of the City of Warrenton; and for other purposes.
HB 70. By Messrs. Matthews and Cox of Clark, Twitty of Mitchell, Ray of Warren and Odom of Dougherty:
A Bill to be entitled an Act to amend an Act to provide for the holding of bar examinations in this State; and for other purposes.

HB 71. By Messrs. Lee and Blalock of Clayton:
A Bill to be entitled an Act to amend an Act placing the Ordinary of Clayton County on a salary basis in lieu of a fee basis; and for other purposes.
HB 72. By Mr. Barnett of Baker:
A Bill to be entitled an Act to amend an Act relating to the qualifica tions of directors of banks, so as to provide that 60 per cent of said

MONDAY, JANUARY 16, 1961

171

directors must be citizens of the State of Georgia and resident of the city or town in which the bank is located or within 40 miles thereof; and for other purposes.

HB 73. By Messrs. Scoggin of Floyd, Matthews of Clark, Smith of Brantley, Lowrey of Floyd, Bynum of Rabun, Shuman of Bryan and others:
A Bill to be entitled an Act to provide for the examination and reg istration of persons engaged in the practice of Massage Therapy; and for other purposes.

HE 38-73. By Mr. Duncan of Fannin:
A Resolution to compensate Jack W. Stewart (DPS) ; and for other purposes.

HB 74. By Messrs. Phillips and Thornton of Bibb, Andrews of Hall, Willingham of Cobb, Williams of Hall, Roberts of Jones, Killian of Glynn and others:
A Bill to be entitled an Act to amend the "Georgia Retailers' and Con sumer's Sales and Use Tax Act" so as to limit the collection of said tax to three per cent of the gross proceeds derived from the sale, use, dis tribution, consumption, storage, rental or lease of any property or services to provide a schedule for computing the tax to be charged and collected; and for other purposes.

Under the general order of business, the following Bill of the Senate was taken up for consideration and read the third time:

SB 1. By Senators Sanders of the 18th, Jones of the 23rd, and others:
A Bill to be entitled an Act to amend an Act creating the State Highway Board, approved February 2, 1950, as amended, so as to authorize the State Highway Board to execute and perform lease contracts under certain Authority Acts; and for other purposes.

The report of the committee, which was favorable to the passage of the Bill, was agreed to.

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

Those voting in the affirmative were Messrs.:

Abney Adams Akins Andrews of Stephens Arnsdorff Barnett of Wilkes Barnett of Baker Baughman
Birdsong Black

Blalock Bolton Bowen of Randolph Bowen of Toombs Boyett Bozeman Brackin Branch
Brown Caldwell

Carswell Chance Clark of Catoosa Clarke of Monroe Cloer Cocke Coker Collins
Cox Crawford

172

JOURNAL OF THE HOUSE,

Crowe Culpepper Davis Dickey Dollar Doster Duncan of Fannin Dunn Echols Fitzgerald Fleming Flexer Floyd Fordham Fowler of Douglas Fowler of Treutlen Funk Fuqua Greene Hale Hall of Lee Harrell Henderson Hill Hodges Hull Hurst Jernigan Johnson Joiner Jones of Worth Jones of Lumpkin Jones of Sumter Jordan Keadle Keyton Killian Killingsworth King

Knight of Laurens Knight of Berrien Lane Lee Lewis Lovett Lowrey Mackay Matthews of Clarke Matthews of Colquitt McCracken McCutchen McGarity Melton Milhollin Miller Mixon Moate Moore Morgan Morris Mullis Murphy NeSmith Odom Otwell Pannell Paris Parker of Appling Farmer Pelham Phillips of Columbia Phillips of Bibb Poole Potts Purcell Ray Roberts Rogers of Paulding

Voting in the negative was Mr. Kidd.

Rowland Sangster Scoggin Shuman Simmons Simpson Sinclair Smith of Grady Smith of Brantley Smith of Fulton Smith of Habersham Smith of Whitfield Steis Stevens Story Strickland Summers Taylor of Dawson Taylor of Bibb Teague Thorn ton Todd Tucker Twitty Underwood of
Montgomery Underwood of Taylor Walker of Telfair Ware Watson Wells of Peach Wells of Oconee Williams of Coffee Williams of Hall Wilson Woodward Young

Those not voting were Messrs.:

Andrews of Hall Ballard Barber Barrett Boggs Brooks of Oglethorpe Brooks of Fulton Budd Busbee Bynum Chandler Conner

Deen Dicus
Dorminy Duncan of Carroll Flynt Hall of Floyd Horton Howard Jones of Liberty Kelly Kimmons Kirkland

Lanier Loggins Lokey Massee McClelland McDonald Moorman Moss Newton Parker of Screven Parker of Ware Payton

MONDAY, JANUARY 16, 1961

173

Phillips of Walton Pickard Raulerson Rodgers of Charlton Roper Ross Rutland Scarborough

Sheffield Singer Stuckey Tabb Tamplin Taylor of Decatur Undercofler Vaughn

Waldrop Walker of Lowndes Wells of Camden White Wickham Wilkes Willingham Mr. Speaker

On the passage of the Bill, the ayes were 144, nays 1.

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

Messrs. Been of Bacon, Bynum of Rabun, Barber of Jackson and Conner of Jeff Davis asked to be recorded as voting "aye" since the Roll Call Machine failed to record their votes.

Mr. Stuckey of Bodge stated that he would have voted "aye" if he had been in the Chamber of the House when the roll was called.
Mr. Chandler of Baldwin stated that he would have voted "nay" had he been in the House Chamber when the roll was called.

The following Resolutions of the House were read and referred to the Com mittee on Rules:

HR 39. By Messrs. Summers of Crisp, Sangster of Dooly and others:
A RESOLUTION
Relative to recent actions at the University of Georgia; and for other purposes.
WHEREAS, it has become evident that the people of this State do not desire Negroes to attend the University of Georgia; and
WHEREAS, the two who were admitted to the University recently were shown preferential treatment by the President of the University and certain of the Deans of said school, which treatment was above and beyond any treatment accorded any other student ever attending the University of Georgia; and
WHEREAS, the Professors and others who signed a petition asking that the two Negroes be readmitted do not represent the views of the great majority of the people of Georgia;
NOW, THEREFORE, BE IT RESOLVEB BY THE GENERAL ASSEMBLY OF GEORGIA that the actions of Br. Aderhold, President of the University, Dean Tate, Dean Williams, and the signers of the aforesaid petition are hereby condemned, and said persons are hereby strongly urged to refrain from any such actions in the future.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a copy of this Resolution to the above named persons.

174

JOURNAL OF THE HOUSE,

HR 40. By Mr. Howard of DeKalb:
A RESOLUTION
Relative to the events of mob violence which occurred on the campus of the University of Georgia at Athens, Georgia, during the evenings of January 10 and January 11, 1961.
WHEREAS, the General Assembly of Georgia is dedicated to the proposition that each and every State of the several States which jointly comprise, by individual consent, the United States of America, is en titled by law to exercise sovereignty and control over its internal affairs to the extent to which such sovereignty and control was not specifically delegated to the Union of sovereign States by the Constitution of the United States and the lawfully adopted amendments thereto, and
WHEREAS, notwithstanding the foregoing, the General Assembly recognizes and assents to the proposition that the duly established courts of law of the United States are the supreme judicial authority within the United States, and that the State of Georgia and the citizens thereof are bound by the judgments, decrees, and orders of such duly established courts of the United States, and
WHEREAS, the General Assembly considers the preservation of the physical safety of each individual within the protection of said Consti tution of the United States and the Constitution of the State of Georgia to be a primary and paramount obligation of the respective governmental bodies, and
WHEREAS, in compliance with an order issued by the United States District Court for the Middle District of Georgia, two students of Negro racial extraction, one female and one male, were admitted to the University of Georgia at Athens on January 9, 1961, and began attendance of classes on January 11, 1961, and
WHEREAS, during the evenings of January 10 and January 11, 1961, groups of persons aggregating approximately 500 in number assembled before the assigned living quarters of the aforesaid female Negro student at the University of Georgia, and
WHEREAS, said group of persons did by acts and words openly and overtly threaten the person of such student with physical harm, and did indulge in various other acts of violence, including assaults upon the persons of University officials and law enforcement officers, and
WHEREAS, subsequent to the events aforesaid, said Negro stu dents were suspended from the University and ordered removed from the campus at Athens, for the publicly announced purpose of protecting said students from physical harm,
NOW, THEREFORE, BE IT RESOLVED that the General Assem bly of Georgia does hereby assert and record its strongest possible condemnation and disapproval of the acts of violence and the threats of violence attributable to the aforesaid groups assembled on the campus of the University of Georgia at Athens, Georgia, during the evenings of January 10 and January 11, 1961.
BE IT FURTHER RESOLVED that the suspension of the afore said Negro students of the University of Georgia be revoked, and that the Governor of the State of Georgia be requested to ban from entrance

MONDAY, JANUARY 16, 1961

175

upon the aforesaid campus, for so long as necessary to assure the safety, peace and tranquility of the conduct of the affairs of the said University of Georgia, all persons other than registered students, faculty members, members of the administrative and maintenance staff and other em ployees of said University, and the parents or guardians of such reg istered students, provided such parent or guardian has received prior authorization from an appropriate official of the University to enter upon said campus.
BE IT FURTHER RESOLVED that the Governor of the State of Georgia be requested to use all lawful means at his command to protect the persons of said Negro students from violence and from the further threat of violence.
BE IT FURTHER RESOLVED that the Governor of the State of Georgia be requested to exercise the full power of his office to appre hend and prosecute to the fullest extent of the law all of those persons who engage in inciting and advocating mob violence upon the aforesaid campus of the University of Georgia.
The following message was received from His Excellency, Governor Ernest Vandiver, through Honorable Peter Zack Geer, Executive Secretary:

STATE OF GEORGIA Executive Department
Atlanta
January 14, 1961
BUDGET MESSAGE
Honorable George L. Smith II Speaker House of Representatives State Capitol Atlanta, Georgia
Dear Mister Speaker and Members of the House:
Acting pursuant to Article VII, Sec. IX, par. I, of the Constitution of the State of Georgia of 1945 requiring that the Governor submit to the General Assembly a Budget Message together with a draft of a General Appropriations' Bill, the following is submitted:
A peculiar problem in connection with preparation of the State Budget is presented to me as Governor and to you--the Members of the General Assembly--in view of the unsettled economic conditions.
Undoubtedly, for several months now, due primarily to the effects of the steel strike last year and the Federal Reserve Board's so-called "tight money" policy, recessionary influences have been at work in the national economy, as reflected--
1. By a nationwide drop in capital investment in plant and equip ment.
2. By widespread inventory correction.

176

JOURNAL OF THE HOUSE,

3. By a downturn in consumer demand; and
4. By a resultant drop in corporate earnings.
In the nation, unemployment is expected to be above five million by mid-February--steel production is at less than fifty per cent of capacity --motor vehicle production is expected to be off more than thirteen per cent in the new year--freight car loadings are down considerably-- factory orders are lagging and overall industrial output is feeling its results.
In Georgia, anticipating the effects of this trend, non-farm em ployment in the first six months of 1961 is expected to be less than the same period last year. Retail sales in our State reflect a decline.
As you are aware, Georgia's tax structure is largely dependent upon business and economic conditions.
If the economy rises, so do revenue collections.
If business is down, revenue falls.
If trade is static, state receipts level off.
What is in store, then?
There is a sharp difference of opinion reported among financial leaders.
The general consensus, however, is that 1961 will reflect a decline in the early months, with qualified predictions of varying degrees of recovery in the second half.

INCOME ESTIMATE ASKED
Taking this into consideration, a few days ago I wrote the State Revenue Commissioner requesting his best and studied opinion as to ... the amount of Revenue Department collections which would be made in the present fiscal year, 1960-1961 . . . and . . .
. . . how much that figure would be reduced by overpayments on income tax and by other refunds.
The Revenue Commissioner replied, by stating:
". . . it is my best judgment that revenue collections turned over to the Treasury from this department during the current year will be between 370 and 380 million dollars. Economic changes will, of course, to a large extent, determine which end of this range will be more likely. Any refunds will be made from the Treasury out of the above funds. Our best estimate of total tax refunds during the year is from 5 to 6 million dollars."
In the last fiscal year, 1959-1960, Treasury receipts from taxes were $355 million dollars and income from department regulatory fees and sales was $15 million dollars, producing a total State income of $370 million dollars.
DANGER OF DEFICIT THIS YEAR
Based upon the Revenue Commissioner's estimates, total receipts from tax collections and departmental regulatory fees, minus refunds,

MONDAY, JANUARY 16, 1961

177

should place total net State income for the present fiscal year somewhere in the range between $380 and $390 millions of dollars.
Present state spending is at the rate of $397 millions.
Taking the most liberal income prediction, that would result in a deficit in income under outgo of $7 millions.
Or, with the conservative prediction, a deficit of $17 millions.
By prudent administration we have managed to accumulate suffi cient funds to underwrite this current deficit, but we are not in position to continue to absorb such loss as will be reflected when the books are closed on June 30th.
If general business conditions deteriorate further, of course, these income figures could be substantially less.
We are hopeful that this will not be the case.
But we cannot afford to make budget commitments when there is no prospect of carrying them out.

TWO-YEAR BUDGET
This administration has the problem of financing the budgets for the next fiscal year and also the one for 1962-1963.
That being the case, we must lay our plans at this session for state operations over a two-year period.
We must guard against creating conditions which might force us to have to resort to new taxes in the next two years.
We must avoid any schemes and strategems which might result in a headlong rush into bankruptcy.
We must resist any and all efforts to weaken the tax structure of the State--to weaken enforcement procedures--to provide loopholes through which evaders might slip in avoiding their taxes.
The red flag is up.
It is squarely up to you and to me to do everything possible to avoid the need for massive new tax increases on the people of Georgia.
I am going to do my utmost, and I am sure that you will join with me in that determination.

PRIORITIES STATED
It is incumbent upon us in preparing the budget for the coming biennium:
First, to meet emergencies, to carry forward existing programs and to provide for normal expansions in established services, such as pro jecting the Minimum Foundation Program for Education on a current basis;
Second, to carry out departmental responsibilties already fixed by the General Assembly for which no funds heretofore have been appro priated ;

178

JOURNAL OF THE HOUSE,

Third, to provide for extraordinary expansions in present programs; and
Fourth, to undertake new programs.
The Appropriations' Act must contain sufficient flexibility to be serviceable whether the economy declines or improves.
The bill to be presented to you takes all of this into account.
The first obligation is to finance present services.
We are providing for all of these in the basic budget.

Education
Provision is made in the Appropriations' Bill for projecting the Minimum Foundation Program for Education for the next two years, including employment of 1,400 new teachers and expansions of various items required in the Foundation Program. Also provided, is the support necessary to undertake the area trade school program to which we are committed already.
To do these things, will require an increase in the common school budget of $4,500,000 in the 1961-'62 fiscal year and another $4,200,000 in 1962-'63.
University System
To provide for expansions required by increased enrollments in University System Colleges, to meet essential commitments, to launch a new scholarship program and to provide additional support for the Industrial Development Branch at Georgia Tech, will require an addi tional $2,250,000 in the coming year and another $2,000,000 in 1962-'63 for University System operations.

Teacher Retirement
To finance increased State contributions to the Teacher Retirement System and to provide broader retirement benefits will require an addi tional million dollars during the next two years.

Welfare Assistance
In the Welfare Department, an annual million dollar increase is provided--
$700,000 for normal expansion which will occur in the present assist ance programs and $300,000 additional which must be provided for operation of the training schools.

Health
In Health, in the basic budget, by far the largest item is for con tinued expansion in the Milledgeville State Hospital improvement pro gram--a million dollar increase each year for that purpose.
Provision is made for a $375,000 increase for Gracewood over the two year period.

MONDAY, JANUARY 16, 1961

179

There are other normal increases which will be required for regular health operations, the State Employees Health Service and the Alcoholic Rehabilitation Service.
Highways
For Highways, and grants-to-counties for road work, there is a Constitutional mandate to provide the amount collected in motor fuel taxes in the preceding year. In no event, will this be less than the ap proximately $84,000,000, that the motor fuel taxes amounted to in this past fiscal year.
Commerce
For the Department of Commerce, the Appropriations' Bill provides an annual increase of approximately $45,000 for expansion in the indus trial and tourist promotion programs.
Considering this increase and the one provided for industrial re search for the first time Georgia will have a million-dollar-a-year indus trial program.
Agriculture
For Agriculture, it is proposed that an additional $300,000 be ap propriated to carry out the meat inspection responsibility placed upon that department by the General Assembly--an undertaking vital to the health of Georgia families.

Comptroller-General
For the Comptroller-General, a $125,000 increase will be required to carry out mandatory provisions of the new insurance code.

Forestry
For the Forestry Commission, a $150,000 increase is proposed for normal expansions required in the forest fire protection, forest man agement and reforestation programs.

Public Safety
For the Department of Public Safety, an increase of $560,000 is proposed to replace radio equipment in accord with Federal Communi cation's Commission regulations and for other limited requirements.

THE BASIC BUDGET
These normal expansion items, plus other smaller ones in the basic operations' budget for 1961-1962, less such reductions as we were able to make, produce a net overall increase of $8,500,000 over the present fiscal year's budget of $397,000,000, or, a total budget for next year of $406,000,000.
In fiscal year after next, 1962-1963, there is a net increase of $17,000,000, or a total basic budget in that fiscal year of $414,000,000.
These totals are $15,500,000 for the fiscal year 1961-1962 and $24,000,000 for the fiscal year 1962-1963 above the most liberal estimate of the current year's income of $390 million dollars.

180

JOURNAL OP THE HOUSE,

If there is not a decided change for the better in the economic pic ture in Georgia and the nation in the very near future, we may find ourselves in a position that will force a pro rata, across-the-board reduc tion in appropriations proposed.
The basic budget must be met before any thought can be given to extraordinary expansion or new programs.
Barring some now unexpected and unforseen reverses in the overall national economy, you and I, working together, will be able to meet Georgia's most essential governmental needs--education, health, high ways, welfare, institutions, stimulation of industrial development and others--on an expanded basis far greater than ever before, under the framework of the existing revenue structure.

EXPANSION, INCOME PERMITTING
Should general economic conditions improve and bring about State income materially greater than current estimates, then a limited amount of expansion could be undertaken.
This expansion in 1961-962, finances and other emergency condi tions permitting, would include:
1. A $200 teachers' salary raise, $5,806,000.
2. A $200 raise for school bus drivers, $910,000.
3. Extra teacher retirement funds, $540,000.
4. Activation of the Medical Care Assistance Program, $5,000,000.
5. Highways, $3,000,000, additional.
Expansion in 1962-1963, finances and emergencies permitting, would include:
1. A further $200 teachers' raise, $5,932,000.
2. Extra teacher retirement funds, $500,000.
3. Highways, $2,000,000 additional.
Total expansion, finances and emergencies permitting, for the next fiscal year'totals $18,000,000.
In 1962-1963, it totals in excess of $8,000,000.
I have also included in the Appropriations' Bill authority to effec tuate still another $200 teachers' raise but this item must take its place alongside other items. Its financing will be dependent upon substan tially-increased revenue.
Yes, Georgia has her budget problems, but they are not confined to us. News dispatches from neighboring states report they are having their share. Some are further complicated by already-declining revenues, as is the case with the federal budget. Up to now, through better en forcement and better administration, Georgia has prevented such a decline here. It is to the credit of the State Revenue Commissioner and the staff of the Georgia Revenue Department that we have not experi enced a substantial loss of revenue this year.

MONDAY, JANUARY 16, 1961

181

RESPONSIBLE STATE BUDGETING
I do not need to tell you that it would be suicidal in a period of unsettled economic conditions to undertake to expend an anticipated surplus that may or may not materialize.
Such an imprudent course could lead to bankrupt conditions on the one hand or to the alternative of a tax-raising session on the other.
I am sure that you will support me to the fullest in my continuing fight for responsible State budgeting.
You and I have the opportunity to do an unprecedented job for the people.
I call upon you--I call upon the Department heads and agency chiefs of the State--I call upon the people of Georgia--I call upon all groups and organizations to help me and to help you in keeping Geor gia's government strong, solvent and responsive to the people's needs.

HIGHWAY MAINTENANCE
As regards our highways, we, in Georgia, find ourselves in much the same position as the home owner with a leaky roof which has grown worse year by year and now threatens his entire investment.
If it is not possible at the time for the home owner to pay cash and do the job--if it is not possible to correct out of current income a con dition which has been 30 years in the making, then, sufficient funds must be borrowed to protect the structure.
That is exactly the situation which prevails today in connection with highway maintenance.
Build and build and build, with scant thought given to repairs, has been the policy of highway administration after highway administration.
The present administration, under the direction of the General Assembly, has increased the maintenance budget almost 40% to provide emergency improvements to many of these highways but this increase came too late to catch up with the years of neglect.
Over a billion dollars in State arterial highway investment is im periled. These are the roads which tie our State together and carry over 88 per cent of the motoring public.
The Highway Department has completed a survey of every mile of Federal-aid Primary and Federal-aid Secondary highways in this State. The resultant compilation shows that immediate rehabilitation--widen ing and re-surfacing--of these roads previously constructed on the State system will cost an estimated $100,953,000.
I propose that the General Assembly authorize immediately after the passage of the Georgia State Highway Authority Act $100 million dollars to finance this work and that it be restricted to Federal-aid Primary and Federal-aid Secondary highways on the State System.
This does not necessitate any increase in taxes.
Funds allotted coming to the Highway Department from motor fuel

182

JOURNAL OF THE HOUSE,

receipts and other appropriations will be adequate to retire the bonds, so I am informed by Highway Board Members.
The future of our industrial development, the lure of our tourist attractions, the future progress of our State, all depend on action now. It is my earnest hope that you will give this proposal with the restric tions I have suggested your immediate and careful consideration.
A draft of the administration's proposed Appropriations' Bill has been delivered to the Speaker of the House since the bill must originate in the House of Representatives.
Respectfully submitted,
Ernest Vandiver Governor

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

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

TUESDAY, JANUARY 17, 1961

183

Representative Hall, Atlanta, Georgia Tuesday, January 17, 1961

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

Prayer was offered by the Chaplain, Rev. Charles Lavender, pastor of the Broad Street Baptist Church, Hawkinsville, Georgia.

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

Abney Adams Akins Andrews of Stephens Andrews of Hall Arnsdorff Ballard Barber Barnett of Wilkes Barnett of Baker Barrett Baughman Birdsong Black Blalock Boggs Bolton Bowen of Randolph Bowen of Toombs Boyett Bozeman Brackin Branch Brooks of Oglethorpe Brooks of Pulton Brown Budd Busbee Bynum Caldwell Carswell Chance Chandler Clark of Catoosa Clarke of Monroe Cloer Cocke Coker Collins Conner Cox Crawford Crowe Culpepper

Davis Been Dickey Dicus Dollar Dorminy Doster Duncan of Fannin Duncan of Carroll Dunn Echols Fitzgerald Fleming Flexer Floyd Flynt Fordham Fowler of Douglas Fowler of Treutlen Funk Fuqua Greene Hale Hall of Lee Hall of Floyd Harrell Henderson Hill Horton Howard Hull Hurst Jernigan Johnson Joiner Jones of Liberty Jones of Worth Jones of Lumpkin Jones of Sumter Jordan Keadle Keyton Kidd Killian

Killingsworth King Kirkland Knight of Laurens Knight of Berrien Lane Lanier Lee Lewis Loggins Lokey Lovett Lowrey Mackay Massee Matthews of Clarke Matthews of Colquitt McClelland McCracken McCutchen McDonald McGarity Melton Milhollin Miller Mixon Moate Moore Moorman Morgan
Morris Moss Mullis Murphy Ne Smith Newton Odom Otwell Pannell Paris Parker of Screven Parker of Ware Parker of Appling Farmer

184

JOURNAL OF THE HOUSE,

Payton Pelham Phillips of Columbia Phillips of Walton Phillips of Bibb Pickard Poole Potts Purcell Raulerson Ray Roberts Rodgers of Charlton Rogers of Paulding Roper Rowland Rutland Sangster Scarborough Scoggin Sheffield Shuman Simmons

Simpson Sinclair Singer Smith of Grady Smith of Brantley Smith of Fulton Smith of Habersham Smith of Whitfield Steis Stevens Story Strickland Stuckey Summers Tabb Tamplin
Taylor of Dawson Taylor of Decatur Taylor of Bibb Teague Todd Tucker Twitty

Underwood of Montgomery
Underwood of Taylor Vaughn Waldrop Walker of Lowndes Walker of Telfair Ware Watson Wells of Peach Wells of Oconee Wells of Camden White Wickham Wilkes Williams of Coffee Williams of Hall Willingham Wilson Woodward Young

Mr. Black of Webster, Chairman of the Committee on Auditing, Enrolling, Engrossing and Journals reported that the Journal of the previous legislative day 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 uncontested bills. 6. First reading and reference of Senate Bills and Resolutions.

The following Resolutions of the House were read and referred to the Com mittee on Rules:

HR 47. By Messrs. McCracken of Jefferson, Underwood of Montgomery, Ray of Warren, and others:
A RESOLUTION
Relative to events at the University of Georgia; and for other pur poses.

TUESDAY, JANUARY 17, 1961

185

WHEREAS, the Federal Court has ordered the admission of two Negro students to the University of Georgia; and
WHEREAS, as a result of the admission of such students, there have been demonstrations by other students which resulted in some of the students being suspended or expelled from the University; and
WHEREAS, while the members of this Body do not condone or advocate violence in any form, yet on the other hand are not blind to human behavior caused under emotionally charged circumstances; and
WHEREAS, due to the traditions, background, environment, teach ings and training of the students who were at the University of Georgia, it was only natural for them to resent the admission of the aforesaid Negro students; and
WHEREAS, admission of Negro students to the University of Georgia has been forbidden by the law of this State since the founding of the University; and
WHEREAS, these laws and the policies of the University relative thereto have been supported by practically every citizen of this State including its most outstanding citizens and leaders in all walks of life;
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the proper authorities of the University of Georgia are hereby urgently requested and strongly urged to take im mediate steps to reinstate, without prejudice, any students who have been suspended or expelled for participation in the aforesaid demon strations.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to immediately transmit a copy of this Resolution to the Chairman and each member of the Board of Regents, the Chancellor of the University System, and the President of the University of Geor gia.

HR 48. By Mr. Wells of Camden:
A RESOLUTION
Relative to compensation of members of the General Assembly; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA that the total compensation for members of the House and Senate shall be the same compensation, per diem, expenses and allowances authorized for such members for the 1960 session, plus an additional amount of ten ($10.00) dollars per day for extra expense allowance.

The following Resolution of the House was read and referred to the Commit tee on Special Judiciary:

HR 49. By Mr. Willingham of Cobb:
A RESOLUTION
Creating the Election Laws Study Committee; to repeal a Resolu tion providing for an Election Laws Study Committee, approved March 7, 1957 (Ga. Laws 1957, p. 257); and for other purposes.

186

JOURNAL OF THE HOUSE,

WHEREAS, many problems concerning registration, voting and elections arose during the preceding year relative to the holding of pri maries and general elections, some of which caused needless dissension among the citizens of this State; and
WHEREAS, a majority of these problems stemmed from ambigui ties, inconsistencies and omissions in the laws of this State relating to the various phases of elections, many of which laws have not been changed in over fifty years; and
WHEREAS, it is felt that a study of the election laws and related laws should be made, with a view towards revision and clarification thereof;
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is hereby created the "Election Laws Study Committee." The Committee shall be composed of fifteen members, as follows: The Lieutenant Governor, the Speaker of the House, five members of the House to be named by the Speaker, three members of the Senate to be named by the Lieutenant Governor, the Secretary of State, the Attorney General, two Ordinaries to be named by the Governor, and one County Registrar to be named by the Gover nor. The members of the Committee who are to be named, shall be so named within thirty days after the approval of this Resolution by the Governor or after it otherwise becomes law.
The Secretary of State is hereby designated as chairman of the committee, and the committee shall meet within thirty days after all members have been named, for the purpose of organizing and electing such other officers as deemed desirable by the committee and adopting procedures for the operation of the committee. The date of this organi zational meeting shall be set by the chairman, who shall give ample notice to the members of the committee as to the date, time and place of such meeting. Future meetings of the committee shall be held upon call of the chairman and under such other procedures as may be adopted by the committee. A majority of the membership of the committee shall constitute a quorum for the conducting of business of the committee, and a majority vote of the quorum shall be sufficient for transacting the business of the committee.
The committee shall conduct a study of the election laws of this and other States and all laws relating directly or indirectly to such election laws. The committee is authorized to hold public hearings, if deemed advisable. It shall make a report of its findings and recommendations to the 1962 session of the General Assembly, which report shall be ac companied by suggested legislation. The committee shall continue its work and make a final report to the 1963 session of the General Assem bly on or before January 15, 1963, on which date the committee shall stand abolished. In order to perform its duties more efficiently the com mittee is hereby authorized to employ clerical help and fix the compen sation therefor. It is authorized to have its reports printed if deemed desirable, and shall make such distribution thereof as deemed advisable. The chairman may appoint subcommittees and the committee may adopt any procedures which it feels will enable it to carry out the purposes of this Resolution. The Office of Legislative Counsel, the Assistant to the Secretary of State, and an assistant Attorney General, designated by the Attorney General shall assist the committee in its study. They shall be compensated for such purposes from the same funds from which they

TUESDAY, JANUARY 17, 1961

187

are otherwise compensated, in an amount to be determined by the heads of their respective departments. The Secretary of State is hereby au thorized to furnish secretarial assistance from his office and provide payment therefor from funds appropriated to such office. The commit tee is authorized to procure materials, supplies and equipment for carry ing out the purposes of this Resolution. All members of the committee, except the Secretary of State and the Attorney General, shall receive the compensation, per diem, expenses and allowances authorized for members of interim legislative committees. The Secretary of State and the Attorney General shall receive the compensation authorized by law for ex officio offices. All funds necessary for the purposes of this Reso lution, except as otherwise provided herein, shall come from the funds appropriated to or available to the legislative branch of the government and from any other available funds.
A Resolution providing for an Election Laws Study Committee, ap proved March 7, 1957 (Ga. Laws 1957, p. 257), is hereby repealed in its entirety.

The following Resolution of the House was read and referred to the Com mittee on Motor Vehicles:

HR 50. By Messrs. Bolton of Spalding and Melton of Spalding:
A RESOLUTION
Creating a committee to make a study of the petroleum industry; 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 and coun ties have listed objections to this practice and have been given no satis factory 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 and others with particular emphasis on the discrepancies in prices as set forth hereinbefore and to determine if any legislation is needed to cor rect 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 com pensation, per diem, expenses and allowances as authorized for interim committees. The funds necessary for the purposes of this Resolution shall come from the funds appropriated to, or available to, the legis-

188

JOURNAL OF THE HOUSE,

lative branch of the government. The committee shall make a report of its findings and recommendations to the 1962 Session of the General Assembly on or before January 15, 1962, and the committee shall stand abolished as of that date. The committee is hereby authorized to pro vide for such distribution of its report as it deems advisable.

The following Resolutions of the House were read and adopted:
HR 51. By Messrs. Parker and Hodges of Ware, Henderson of Atkinson, and others:
A Resolution wishing a speedy recovery for Honorable William H. Kimmons, and for other purposes.

HR 52. By Messrs. Cox of Clarke and Barrett of Cherokee:
A RESOLUTION
Relative to the inspection of State property in Chattanooga, Tennessee; and for other purposes.
WHEREAS, the State of Georgia owns certain property located in the City of Chattanooga, Tennessee; and
WHEREAS, it is desirable that the entire membership of the General Assembly accompany the House Committee on State Institu tions and Property in inspecting such property in order that the status and conditions thereof be ascertained;
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the members of the General Assembly are hereby authorized to inspect property owned by the State of Georgia in Chattanooga, Tennessee on January 27-29, 1961, and receive the regular expenses in connection therewith.

HR 53. By Mr. Twitty of Mitchell:
A RESOLUTION
Calling a joint session of the House and Senate for the purpose of hearing an address by His Excellency, the Governor; and for other pur poses.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA that a joint session of the House and Senate be held in the Hall of the House of Representatives at 6:45 o'clock P. M., Wednesday, January 18, 1961, for the purpose of hearing a message from His Excellency, the Governor, Honorable S. Ernest Vandiver.
BE IT FURTHER RESOLVED that a committee of eleven, seven from the House to be named by the Speaker, and four from the Senate to be named by the President, be appointed to escort His Excellency, the Governor, to the Hall of the House of Representatives.
Under the provisions of HR 53, the Speaker appointed the following as a committee on the part of the House:
Messrs. Brown of Hart, Farmer of Heard, Andrews of Stephens, Stevens of Marion, Hull of Richmond, Keadle of Lamar, and Ware of Troup.

TUESDAY, JANUARY 17, 1961

189

The following Resolution of the House was read and referred to the Com mittee on Rules:

HR 54. By Mr. Sheffield of Brooks:
WHEREAS, a concerted effort is being made to alter the number of members of the Rules Committee of the United States House of Representatives and
WHEREAS, it is the feeling of the Georgia House of Representa tives that this change is not in the best interest of the people of this country and the sovereign state of Georgia and
WHEREAS, this proposed change would upset the time-honored processes of the all-important Rules Committee in the United States House of Representatives.
NOW THEREFORE BE IT RESOLVED, that the Georgia House of Representatives go on record as being unalterably opposed to any change in the membership of this Committee.
NOW BE IT THEREFORE RESOLVED, that copies of this Reso lution be sent to the Honorable Sam Rayburn, Speaker of the House of Representatives; the Honorable Frank Smith, Chairman of the Rules Committee; the membership of the Rules Committee; and all members of the Georgia delegation in the United States House of Representatives.

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

HB 86. By Mr. Stevens of Marion:
A Bill to be entitled an Act to amend an Act to create a new charter for the Town of Buena Vista; to establish a municipal government for said city, and for other purposes.
Referred to the Committee on Local Affairs.

HB 87. By Messrs. Crawford, Dickey and Funk of Chatham:
A Bill to be entitled an Act to provide for the appointment by the Ordinaries of the respective counties of the State of Georgia of a Special Bailiff with the approval of the County Commissioners of such counties, and for other purposes.
Referred to the Committee on Judiciary.

HB 88. By Messrs. Crawford, Dickey and Funk of Chatham:
A Bill to be entitled an Act to amend an Act providing for the use of Voting Machines in certain counties, so as to provide that the name of any unopposed candidate in a political party primary may be omitted from the ballot used in the voting machine, and such unopposed candi date shall be declared to have received the total number of votes cast in such voting machine; and for other purposes.
Referred to the Committee on Local Affairs.

190

JOURNAL OP THE HOUSE,

HB 89. By Mr. Wells of Camden:
A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Roads and Revenue for Camden County, so as to redistrict the county into four Commissioner Districts, and for other purposes.
Referred to the Committee on Local Affairs.

HB 90. By Messrs. Ray of Warren, Smith of Emanuel, Twitty of Mitchell, Sccggin of Floyd, IVIcCracken of Jefferson and Underwood of Mont gomery :
A Biil to be entitled an Act to provide general appropriations for the operation of the State Government and other matters; and for other purposes.
Referred to the Committee on Appropriations.

HB 91. By Messrs. Payton and Potts of Coweta, Farmer of Heard, Waldrop of Carroll, NeSmith and Hill of Meriwether:
A Bill to be entitled an Act to provide for a supplement to the com pensation of the Solicitor General of the Superior Courts of the Coweta Judicial Circuit; and for other purposes.
Referred to the Committee on Local Affairs.

HB 92. By Mr. Jernigan of Clinch:
A Bill to be entitled an Act to amend an Act to provide that the Tax Receiver in counties having a population of not less than 5,975 and not more than 6,500, shall be paid from ad valorem school tax collected for the county Board of Education a commission of two and one-half percent of the net amount collected by the county tax Collector; and for other purposes.
Referred to the Committee on Local Affairs.

HB 93. By Messrs. Bolton and Melton of Spalding:
A Bill to be entitled an Act to amend an Act relating to the serving of summonses in the justices' courts of the State of Georgia, so as to provide for the serving of summonses in said court upon the defendant by personal service only; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 94. By Messrs. Bolton and Melton of Spalding:
A Bill to be entitled an Act to amend an Act creating a Department of Public Safety, so as to change the punishment for operating a motor vehicle when a learner's, special learner's, operator's, or chauffeur's license is suspended, cancelled or revoked; and for other purposes.
Referred to the Committee on Motor Vehicles.

HB 95. By Messrs. Bolton and Melton of Spalding: A Bill to be entitled an Act to provide that in all criminal cases tried

TUESDAY, JANUARY 17, 1961

191

by a jury it shall be the duty of the jury to return a verdict of guilty or not guilty; to preserve the rights of a judge to suspend or probate a sentence; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 96. By Messrs. Bolton and Melton of Spalding:
A Bill to be entitled an Act to provide that in all criminal trials of this State, the accused, if he desires to present any facts to the jury, shall be sworn as any other witness and shall be examined and crossexamined as any other witness; and for other purposes.
Referred to the Committee on Special Judiciary.
HB 97. By Messrs. Bolton and Melton of Spalding:
A Bill to be entitled an Act to amend an Act known as the "Uniform Act Regulating Traffic on Highways", so as to provide that the De partment of Public Safety, or its designated agent, shall have exclusive authority to make arrests for speeding on State Highways within this State which are also designated as United States Highways; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 98. By Mr. Bolton of Spalding:
A Bill to be entitled an Act to provide that it shall be unlawful for any insurance company to issue or renew any automobile collision in surance policy under certain conditions; and for other purposes.
Referred to the Committee on Insurance.
HB 99. By Messrs. Bolton and Melton of Spalding:
A Bill to be entitled an Act to amend an Act relating to mileage allow ance for State officials and employees, and the furnisrrng of automo biles by officials and employees, so as to prescribe such mileage allow ance, and for other purposes.
Referred to the Committee on State of Republic.
HR 41-99. By Mr. Wells of Camden:
A Resolution proposing an amendment to the Constitution so as to provide for the election of the members of the Board of Education of Camden County, and for other purposes.
Referred to the Committee on Local Affairs.

HR 42-99. By Mr. McClelland of Fulton:
A Resolution to compensate Mrs. Mary L. Scogin (State Highway Dept.) and for other purposes.
Referred to the Committee on Appropriations.

192

JOURNAL OF THE HOUSE,

HE 43-99. By Messrs. Williams and Andrews of Hall:
A Resolution to compensate Sam R. Dunlap for damages suffered to his station wagon as a result of a collision with a Georgia State Patrol Car, and for other purposes.
Referred to the Committee on Appropriations.

HR 44-99. By Messrs. Williams and Andrews of Hall:
A Resolution to compensate Jack Brookshire for damages suffered to his car as a result of a collision with a State Highway truck, and for other purposes.
Referred to the Committee on Appropriations.

HR 45-99. By Mr. Black of Webster:
A Resolution to compensate E. R. Merritt (Dept. of Corrections), and for other purposes.
Referred to the Committee on Appropriations.
HB 100. By Messrs. Payton and Potts of Coweta:
A Bill to be entitled an Act to amend an Act which changed the com pensation of the Sheriff, the Ordinary, and the Clerk of the Superior Court of Coweta County from the fee system to the salary system, so as to change the compensation of the Ordinary, and for other purposes.
Referred to the Committee on Local Affairs.
HB 101. By Mr. Baughman of Early:
A Bill to be entitled an Act to amend an Act to create and incorporate the City of Blakely in lieu of the Town of Blakely, and for other pur poses.
Referred to the Committee on Local Affairs.

HB 102. By Mr. Baughman of Early:
A Bill to be entitled an Act to amend an Act to create and incorporate the City of Blakely in lieu of the Town of Blakely describing the cor porate limits, and for other purposes.
Referred to the Committee on Local Affairs.
HB 103. By Mr. Baughman of Early:
A Bill to be entitled an Act to amend an Act to create and incorporate the City of Blakely in lieu of the Town of Blakely, so as to change the corporate limits, and for other purposes.
Referred to the Committee on Local Affairs.
HB 104. By Messrs. Sangster of Dooly, Underwood of Montgomery, Lowrey of Floyd, Tamplin of Morgan, Kirkland of Tattnall, Smith of Brantley and others: A Bill to be entitled an Act to amend an Act known as the "Uniform

TUESDAY, JANUARY 17, 1961

193

Act Regulating Traffic on Highways", so as to provide that it shall be unlawful for any person to operate a motor vehicle upon the public highways of this State so as to Race or engage in a contest of speed, and for other purposes.
Referred to the Committee on Motor Vehicles.

HB 105. By Messrs. Paris of Barrow and Smith of Whitfield:
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.
Referred to the Committee on Temperance.

HB 106. By Mr. Paris of Barrow:
A Bill to be entitled an Act to amend an Act relating to receiving stolen goods, so as to provide that the buyer or receiver may be tried without the necessity of the principal thief having been convicted, if the principal thief is under seventeen years of age or is insane, and for other purposes.
Referred to the Committee on Judiciary.

HB 107. By Messrs. Birdsong and Ware of Troup:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of LaGrange, so as to increase the corporate limits of said City, and for other purposes.
Referred to the Committee on Local Affairs.

HB 108. By Mr. Duncan of Pannin:
A Bill to be entitled an Act to provide a supplemental salary for the Ordinary of Fannin County, and for other purposes.
Referred to the Committee on Local Affairs.

HB 109. By Mr. Hurst of Quitman:
A Bill to be entitled an Act to amend an Act known as the "Honesty in Government Act", so as to provide that certain provisions therein shall not apply to any member of the General Assembly who has been an officer or employee of the executive branch of government for more than eighteen years, and for other purposes.
Referred to the Committee on Agriculture.

HB 110. By Mr. Hurst of Quitman:
A Bill to be entitled an Act to amend an Act authorizing the establish ment of limited-access highways in this State, so as to authorize the

194

JOURNAL OF THE HOUSE,

State Highway Department to remove and relocate utility facilities of municipalities, counties or other political subdivisions of this State at State expense; and for other purposes.
Referred to the Committee on Highways.

HB 111. By Mr. Jernigan of Clinch:
A Bill to be entitled an Act to amend an Act creating the Board of Commissioners of Roads and Revenues for Clinch County, so as to change the compensation of the Chairman, and for other purposes.
Referred to the Committee on Local Affairs.
HB 112. By Mr. Echols of Upson:
A Bill to be entitled an Act to prescribe the manner, method and condi tions upon which any State Department or agency shall distribute by mail or otherwise, any bulletins, pamphlets, periodicals, publications or other printed matter; and for other purposes.
Referred to the Committee on State of Republic.
HB 113. By Messrs. Crowe and Greene of Bartow:
A Bill to be entitled an Act to amend an Act relating to the incorpora tion of the City of Emerson, and for other purposes.
Referred to the Committee on Local Affairs.
HR 46-113. By Mr. Hurst of Quitman:
A Resolution to designate a bridge as the Richard B. Russell Memorial Bridge, and for other purposes.
Referred to the Committee on Highways.
HB 114. By Mr. Crawford of Chatham:
A Bill to be entitled an Act to repeal an Act so as to prescribe and establish compensation and/or salary for the Coroner of Chatham County, and for other purposes.
Referred to the Committee on Local Affairs.
HB 115. By Messrs. Crawford, Dickey and Punk of Chatham:
A Bill to be entitled an Act to amend an Act establishing a metro politan planning district for Chatham County, so as to provide that the members of said commission shall not succeed themselves in office, and for other purposes.
Referred to the Committee on Local Affairs.
HB 116. By Messrs. Crawford, Dickey and Funk of Chatham:
A Bill to be entitled an Act to amend an Act creating the Savannah District Authority, so as to provide that the members of said Authority shall not succeed themselves in office; and for other purposes.
Referred to the Committee on Local Affairs.

TUESDAY, JANUARY 17, 1961

195

HB 117. By Messrs. Killian and Flexer of Glynn:
A Bill to be entitled an Act to repeal an Act entitled "An Act to provide that in all counties having a population of not less than 40,000 and not more than 50,000, so as to change from the fee system to the salary system the Clerk of the Superior Court, the Sheriff, the Ordi nary, The Tax Collector, Tax Receiver and Tax Commissioner, and for other purposes.
Referred to the Committee on Local Affairs.

Mr. Geo. D. Busbee of Dougherty 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 has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 35. Do Not Pass.
HB 28. Do Pass.
HB 49. Do Pass.
HB 41. Do Pass by Committee Amendment.
HR 31. Do Pass.
Respectfully submitted,
Busbee of Dougherty, Chairman.

Mr. Underwood of Montgomery 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 of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
Following House Bill "Do Pass":
HB 17. Do Pass. HB 18. Do Pass. HB 21. Do Pass. HB 27. Do Pass. HB 30. Do Pass. HB 42. Do Pass. HB 47. Do Pass. HB 50. Do Pass. HB 51. Do Pass.

196

JOURNAL OF THE HOUSE,

HB 60. Do Pass. HB 40. Do Pass as Amended.

Respectfully submitted,
Underwood of Montgomery, Chairman.

Mr. Underwood of Montgomery County, Chairman of the Committee on Local Affairs, submitting the following report: Mr. Speaker:
Your Committee on Local Affairs has had under consideration the follow ing Bills of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
Following House Bills "Do Pass":
HB 43. Do Pass. HB 54. Do Pass. HB 61. Do Pass.
HB 63. Do Pass. HB 69. Do Pass. HB 71. Do Pass. HB 68. Do Pass as Amended.
Respectfully submitted, Underwood of Montgomery, Chairman.

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

HB 75. By Messrs. Paris of Barrow, Simmons of Banks and Barber of Jackson:
A Bill to be entitled an Act to repeal an Act placing the court reporter of the Piedmont Judicial Circuit on a salary basis in lieu of a fee basis, so as to provide for additional compensation of the court reporters of the Piedmont Judicial Circuit, and for other purposes.

HB 76. By Mr. Woodward of Butts:
A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Roads and Revenues for Butts County, so as to require a periodic audit of the books and records of certain officers of Butts County, and for other purposes.

HB 77. By Mr. Woodward of Butts:
A Bill to be entitled an Act to change the compensation of the Ordinary of Butts County from the fee system to the salary system, and for other purposes.

TUESDAY, JANUARY 17, 1961

197

HB 78. By Mr. Woodward of Butts:
A Bill to be entitled an Act to change the compensation of the Tax Collector of Butts County from the fee system to a system whereby such tax collector shall be entitled to certain commissions and a salary provided such commissions do not exceed a specific amount, and for other purposes.

HB 79. By Mr. Woodward of Butts:
A Bill to be entitled an Act to change the compensation of the Sheriff of Butts County from the fee system to the salary system, and for other purposes.

HB 80. By Messrs. Twitty of Mitchell and Smith of Emanuel:
A Bill to be entitled an Act to amend an Act so as to increase the num ber of Judges of the Court of Appeals of Georgia from seven to nine; to provide that the court shall sit in three divisions, composed of three judges in each division, and for other purposes.

HB 81. By Mr. Phillips of Bibb:
A Bill to be entitled an Act to amend an Act known as the Uniform Act Regulating Traffic on the Highways, so as to provide for an annual inspection of motor vehicles, and for other purposes.

HB 82. By Messrs. Bolton and Melton of Spalding:
A Bill to be entitled an Act to amend the charter of the City of Griffin, by enlarging the present city boundaries and the corporate limits by the annexation of certain described property adjacent to the present city limits; and for other purposes.

HB 83. By Messrs. Bolton and Melton of Spalding:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Griffin, so as to change the qualifications and election of members of the Board of Commissioners of The City of Griffin, and for other purposes.

HB 84. By Messrs. Bolton and Melton of Spalding:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Griffin, so as to change the amount of appearance bonds and the deposit of collaterals or money, and for other purposes.

HB 85. By Mr. Barber of Jackson:
A Bill to be entitled an Act to amend an Act creating the Minimum Foundation Program of Education, so as to provide for increased teachers salaries through State funds; and for other purposes.

Leave of absence was granted to Mr. Taylor of Bibb for January 18th and 19th, 1961.

198

JOURNAL OP THE HOUSE,

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

HB 71. By Messrs. Lee and Blalock of Clayton:
A Bill to be entitled an Act to change the compensation of the Ordinary of Clayton County; and for other purposes.

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

On the passage of the Bill, the ayes were 120, nays 0.

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

HB 40. By Mr. McCutchen of Gilmer:
A Bill to be entitled an Act to create a new Charter for the City of Ellijay, in the County of Gilmer; and for other purposes.

The following Committee amendment was read and adopted:
The Committee on Local Affairs moves to amend HB 40 by deleting the last sentence of Section 23 and substituting in lieu thereof the following:
"Provided, however, that the power to condemn property con ferred hereunder shall not extend to such property of any public utility which the utility could have acquired under its power to condemn."

The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to.

On the passage of the bill, as amended, the ayes were 120, nays 0.

The Bill, having received the requisite constitutional majority, was passed, as amended.

HB 68. By Mr. Boggs of Madison:
A Bill to be entitled an Act fixing the salary of the Clerk of the Com missioner of Roads and Revenues in Madison County, and for other purposes.

The following Committee amendment was read and adopted:
The Committee on Local Affairs moves to amend HB 68 by striking the figures "$2800.00" from Section 1 and the caption of HB 68 and inserting in lieu thereof the figures "$2600.00."
The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to.
On the passage of the Bill, as amended, the ayes were 120, nays 0.

TUESDAY, JANUARY 17, 1961

199

The Bill, having received the requisite constitutional majority, was passed, as amended.

HB 17. By Messrs. Funk, Crawford and Dickey of Chatham:
A Bill to be entitled an Act to amend the charter of the City of Savannah providing for refund of city business and occupation taxes collected for 1961; and for other purposes.

The report 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 18. By Messrs. Pickard, Dicus and Wickham of Muscogee:
A Bill to be entitled an Act creating the Muscogee County School Dis trict, providing for its officers; and for other purposes.

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

On the passage of the Bill, the ayes were 120, nays 0.

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

HB 21. By Messrs. Crawford, Funk and Dickey of Chatham:
A Bill to be entitled an Act to repeal an Act entitled "Local Govern ment Improvement Commission in certain Counties", and for other purposes.

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

On the passage of the Bill, the ayes were 120, nays 0.

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

HB 27. By Messrs. Kidd and Chandler of Baldwin:
A Bill to be entitled an Act to amend the Act relating to fees paid to coroners, exempting certain counties from the operation of certain sections; and for other purposes.

The report 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.

200

JOURNAL OF THE HOUSE,

HB 30. By Messrs. Kidd and Chandler of Baldwin:
A Bill to be entitled an Act to amend the Act abolishing the Board of Tax Assessors in Baldwin County; and for other purposes.

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

On the passage of the Bill, the ayes were 120, nays 0.

The Bill, having received the requisite constitutional majority, was passed.
HB 42. By Mr. Bowen of Toombs:
A Bill to be entitled an Act amending the Act creating a five-man board of Commissioners of Roads and Revenue for Toombs County; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 120, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 47. By Mr. Smith of Grady:
A Bill to be entitled an Act to amend an Act creating 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.

On the passage of the Bill, the ayes were 120, nays 0.

The Bill, having received the requisite constitutional majority, was passed.
HB 50. By Messrs. Fleming, Hull and Fuqua of Richmond: A Bill to be entitled an Act to amend the Charter of the City of Augusta, relating to 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 120, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 51. By Messrs. Fleming, Hull and Fuqua of Richmond:
A Bill to be entitled an Act to amend the charter of the City of Augusta, so as to grant the City Council the right to condemn private property

TUESDAY, JANUARY 17, 1961

201

in Richmond County outside and beyond its corporate city limits for the construction and laying down of drains and sewers, and for other purposes.

The report 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 60. By Messrs. Phillips, Thornton and Taylor of Bibb:
A Bill to be entitled an Act to amend Code Section 59-108, relating to how jurors' names shall be selected from the jury box, in couties of a certain population; and for other purposes.

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

On the passage of the Bill, the ayes were 120, nays 0.

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

HB 43. By Mr. Brackin of Seminole:
A Bill to be entitled an Act to change the compensation of the Treasurer of Seminole County; and for other purposes.

The report 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 54. By Mr. Culpepper of Talbot:
A Bill to be entitled an Act to change the compensation of the Tax Commissioner of Talbot County; and for other purposes.

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

On the passage of the Bill, the ayes were 120, nays 0.

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

HB 61. By Messrs. Payton and Potts of Coweta:
A Bill to be entitled an Act amending the Charter of the City of Newnan with reference to the Newnan Water, Sewerage and Light Com mission; and for other purposes.

202

JOURNAL OP THE HOUSE,

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

On the passage of the Bill, the ayes were 120, nays 0.

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

HB 63. By Mr. Duncan of Fannin:
A Bill to be entitled an Act providing for the compensation for the Tax Receiver of Pannin County; and for other purposes.

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

On the passage of the Bill, the ayes were 120, nays 0.

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

HB 69. By Mr. Ray of Warren:
A Bill to be entitled an Act to provide for the extension of the cor porate limits of the City of Warrenton; and for other purposes.

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

On the passage of the Bill, the ayes were 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 adopted the following Resolutions of the House to wit:

HR 30. By Messrs. Bolton and Melton of Spalding; Payton and Potts of Coweta; Duncan of Carroll; and others:
A Resolution calling a joint session of the House and Senate to hear an address by the Honorable John J. Flynt, Jr.; and for other purposes.

HR 33. By Mr. Smith of Emanuel:
A Resolution to provide for the preparing, editing, printing and dis tribution of the Georgia Official and Statistical Register.

HR 34. By Messrs. Summers of Crisp and Massee of Pulaski:
A Resolution commending Honorable George B. Hamilton, State Treas urer; and for other purposes.

TUESDAY, JANUARY 17, 1961

203

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 6. By Senator Grayson of the 1st:
A Bill to amend Code Section 24-2602a of the Code of Georgia of 1933 as amended entitled 'Eligibility for Appointment' by including in com putation for retirement of Judges of Supreme Court, time served as Judge of any Court of record from which an appeal may be taken to the Court of Appeals; repealing all laws in conflict thereof; and for other purposes.

SB 2. By Senator Grayson of the 1st:
A Bill to authorize Chatham County and the City of Savannah to issue Revenue Certificates to purchase land and construct facilities to en courage location of industry and to create employment; to repeal all laws in conflict thereof; and for other purposes.

SB 7. By Senators Mitchell of the 43rd, Overby of the 33rd and others:
A Bill to amend an Act relating to the salaries of Justices of the Su preme Court and Judges of the Court of Appeals and their officers and employees, approved March 7, 1957 (Ga. Laws 1957, p. 205), so as to change the salaries of the Justices of the Supreme Court and the Judges of the Court of Appeals; to repeal conflicting laws; and for other purposes.
By unanimous consent, the following Bills of the Senate were read the first time and referred to the committees:
SB 2. By Senator Grayson of the 1st:
A Bill to be entitled an Act authorizing Chatham County and the City of Savannah to issue Revenue Certificates to purchase land and construct facilities to encourage location of industry and to create employment; and for other purposes.
Referred to the Committee on Local Affairs.
SB 6. By Senator Grayson of the 1st:
A Bill to be entitled an Act to amend an Act entitled 'Eligibility for Appointment' by including in computation for retirement of Judges of Supreme Court, time served as Judge of any Court of record from which an appeal may be taken to the Court of Appeals; and for other purposes.
Referred to the Committee on Judiciary.
SB 7. By Senators Mitchell of the 43rd, Overby of the 33rd, and others:
A Bill to be entitled an Act to amend an Act relating to the salaries of Justices of the Supreme Court and Judges of the Court of Appeals

204

JOURNAL OP THE HOUSE,

and their officers and employees, so as to change the salaries of the Justices of the Supreme Court and the Judges of the Court of Appeals; and for other purposes.
Referred to the Committee on Judiciary.

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

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

WEDNESDAY, JANUARY 18, 1961

205

Representative Hall, Atlanta, Georgia. Wednesday, January 18, 1961.

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

Prayer was offered by the Chaplain, Rev. Dan H. Maxey, Pastor of Bethany Methodist Church, Atlanta, Georgia.

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

Abney Adams Akins Andrews of Stephens Andrews of Hall Arnsdorff Ballard Barber Barnett of Wilkes Barnett of Baker Barrett Baughman Birdsong Black Blalock Boggs Bolton Bowen of Randolph Bowen of Toombs Boyett Bozeman Brackin Branch Brooks of Oglethorpe Brooks of Fulton Brown Budd Busbee Bynum Caldwell Carswell Chance Chandler Clark of Catoosa Clarke of Monroe Cocke Coker Collins Conner Cox Crawford Crowe Culpepper

Da vis Deen Dickey Dicus Dollar Dorminy Doster Duncan of Fannin Duncan of Carroll Dunn Echols Fitzgerald Fleming Flexer Floyd Flynt Fordham Fowler of Douglas Fowler of Treutlen Funk Fuqua Greene Hale Hall of Lee Hall of Floyd Harrell Henderson Hill Hodges Horton Howard Hull Hurst Jernigan Johnson Joiner Jones of Liberty Jones of Worth Jones of Lumpkin Jones of Sumter Jordan Keadle Kelly

Keyton Kidd Killian Killingsworth King Kirkland Knight of Laurens Knight of Berrien Lane Lanier Lee Lewis Loggins Lokey Lovett Lowrey Mackay Massee Matthews of Clarke Matthews of Colquitt McClelland McCracken McCutchen McDonald McGarity Melton Milhollin Miller Mixon Moate Moore Moorman Morgan Morris Moss Mullis Murphy NeSmith Newton Odom Otwell Pannell Paris

206

JOURNAL OF THE HOUSE,

Parker of Screven Parker of Ware Parker of Appling Farmer Payton Pelham Phillips of Columbia Phillips of Walton Phillips of Bibb Pickard Poole Potts Purcell Raulerson Ray Roberts Rodgers of Charlton Rogers of Paulding Roper Rowland Rutland Sangster Scarborough Scoggin

Shuman Simmons Simpson Sinclair Singer Smith of Grady Smith of Brantley Smith of Fulton Smith of Habersham Smith of Whitfield Steis Stevens Story Strickland Stuckey Summers Tabb Tamplin Taylor of Dawson Taylor of Decatur Teague Thornton Todd Tucker

Twitty Undercofler Underwood of
Montgomery Underwood of Taylor Vaughn Waldrop Walker of Lowndes Walker of Telfair Ware Watson Wells of Peach Wells of Oconee Wells of Camden White Wickham Wilkes Williams of Coffee Williams of Hall Willingham Wilson Woodward Young

At the request of many members of the House, the prayer offered by the Chaplain, Rev. Dan H. Maxey, is set forth below:

Almighty God, our Father who are in Heaven - - - the Giver of every good and perfect gift, in whom we live and move and have our beings. We are glad that we have been permitted to come together in the capacity of this general assembly, where we can meet on common ground for a common cause. Where we can share our knowledge, our wisdom, our interest, our experiences and deep concerns for the fulfill ment of a common purpose - - - that of serving our state and the wel fare of those whom we represent. Where we can come and pool our time, talents, energy and our endeavors in a united effort to solve mutual problems, the problems that relate themselves to our state, our nation and the world in which we live. Give us a sensitive sense of the needs of this hour, that we may be able to answer the inevitable and perform the essential. Grant us wisdom that we may attain knowledge. Reveal Thyself unto us that we may come into possession of spiritual gifts, Divine graces and unseen powers.
May we ever be alert to our responsibilities, mindful of our obliga tions, grateful for our blessing and responsive to our opportunities. Make us men, big men, tall men, sun-crowned men, men who stand well in thy favor and in the esteem of their fellow men.
Broaden our visions, deepen our insights and enrich our under standing that we may be better qualified to perform well the task that have been committed to our care. Guide us in all the deliberation of this day.
Amen.

Mr. Black of Webster, Chairman of the Committee on Auditing, Enrolling,

WEDNESDAY, JANUARY 18, 1961

207

Engrossing and Journals reported that the Journal of the previous legislative day 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 uncontested Bills.
6. First reading and reference of Senate Bills and Resolutions. 7. That the Speaker may in his discretion call upon any Bill on the General
Calendar in any order that he desires.

Mr. Matthews of Colquitt arose to a Point of Personal Privilege and ad dressed the House.
Leave of absence was granted to Mr. Simpson of Wheeler for January 18, 1961.
By unanimous consent, the following Bills and Resolutions of the House were read the first time and referred to the Committees:
HB 118. By Messrs. Matthews and Cox of Clarke:
A Bill to be entitled an Act authorizing the governing authority of Clarke County to issue and require building permits; and for other purposes.
Referred to the Committee on Local Affairs.
HB 119. By Messrs. Matthews and Cox of Clarke:
A Bill to be entitled an Act authorizing the governing authority of Clarke County to establish districts for the purpose of building and operating storm sewers and street lights and a system of garbage col lection within said city, and for other purposes.
Referred to the Committee on Local Affairs.
HB 120. By Messrs. Matthews and Cox of Clarke: A Bill to be entitled an Act authorizing the governing authority of Clarke County to assess and collect license fees and occupational taxes against any person, firm or corporation who engages in any type of business in said county outside of municipalities; and for other pur poses.
Referred to the Committee on Local Affairs.

208

JOURNAL OP THE HOUSE,

HB 121. By Messrs. Matthews and Cox of Clarke:
A Bill to be entitled an Act authorizing the governing authority of Clarke County to provide for the paving of streets in Clarke County and to authorize the cost of said paving to be assessed against the property on each side of such streets; and for other purposes.
Referred to the Committee on Local Affairs.

HB 122. By Messrs. Matthews and Cox of Clarke:
A Bill to be entitled an Act to provide that the governing authority of Clarke County may establish water, sanitation, sewerage and fire protection districts in said county; and for other purposes.
Referred to the Committee on Local Affairs.

HB 123. By Messrs. Matthews and Cox of Clarke:
A Bill to be entitled an Act authorizing the governing authority of Clarke County to enact ordinances for the policing and governing of said county for the purposes of preserving the health and safety of the citizens thereof, and for other purposes.
Referred to the Committee on Local Affairs.
HB 124. By Mr. Stuckey of Dodge:
A Bill to be entitled an Act to amend an Act to incorporate the Town of Rhine, so as to enlarge the corporate limits, and for other purposes.
Referred to the Committee on Local Affairs.

HB 125. By Messrs. Singer of Stewart, Jones of Worth and Rodgers of Charlton:
A Bill to be entitled an Act to provide for payments to students who are dismissed or expelled under certain circumstances from any college or school within the University System of Georgia; and for other purposes.
Referred to the Committee on University of Georgia.

HB 126. By Messrs. Hall of Floyd, Matthews of Clarke and Jernigan of Clinch:
A Bill to be entitled an Act to amend an Act known as the Minimum Foundation Program for Education, so as to provide for the manner in which certain funds shall be expended; and for other purposes.
Referred to the Committee on Education.

HB 127. By Mr. Moss of Gordon:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Calhoun, so as to extend the present corporate limits; providing the proper city authorities to make assessments of property, and for other purposes.
Referred to the Committee on Local Affairs.

WEDNESDAY, JANUARY 18, 1961

209

HB 128. By Mr. Moss of Gordon:
A Bill to be entitled an Act to amend an Act abolishing the office of Tax Collector and the Office of Tax Receiver and creating the Office of Tax Commissioner of Gordon County, and for other purposes.
Referred to the Committee on Local Affairs.

HB 129. By Mr. Moss of Gordon:
A Bill to be entitled an Act to amend an Act to change the compensa tion of the Sheriff of Gordon County from a fee basis to a salary basis; and for other purposes.
Referred to the Committee on Local Affairs.

HB 130. By Mr. Moss of Gordon:
A Bill to be entitled an Act to amend an Act creating the office of Commissioner of Roads and Revenue in Gordon County; and for other purposes.
Referred to the Committee on Local Affairs.

HB 131. By Messrs. Lovett and Knight of Laurens:
A Bill to be entitled an Act to amend an Act creating a new city charter for the City of Dublin, so as to increase the ad valorem tax levy for the City of Dublin one mill for a period of four years, and for other purposes.
Referred to the Committee on Local Affairs.

HB 132. By Messrs. Lovett and Knight of Laurens:
A Bill to be entitled an Act to amend an Act placing the Clerk of the Superior Court of Laurens County and his deputies on a salary basis, and for other purposes.
Referred to the Committee on Local Affairs.

HB 133. By Messrs. Caldwell of Upson, Branch of Tift, Harrell of Fayette, Keadle of Lamar, Singer of Stewart, Floyd of Chattooga, Phillips of Bibb and others.
A Bill to be entitled an Act to provide a method of selecting students to be admitted to the various branches of the University System of Georgia under the control of the Board of Regents; and for other purposes.
Referred to the Committee on State of Republic.

HB 134. By Mr. Barnett of Wilkes:
A Bill to be entitled an Act to amend an Act to establish a board of commissioners of roads and revenues of Wilkes County; and for other purposes.
Referred to the Committee on Local Affairs.

210

JOURNAL OF THE HOUSE,

HB 135. By Mr. Davis of Wayne:
A Bill to be entitled an Act to amend an Act creating a new Charter for City of Jesup; so as to extend the corporate limits, and for other purposes.
Referred to the Committee on Local Affairs.

HB 136. By Messrs. Williams and Andrews of Hall:
A Bill to be entitled an Act to amend an Act to provide for a county tax for roads in counties having a population of not less than 40,000 nor more than 43,000, and for other purposes.
Referred to the Committee on Local Affairs.

HB 137. By Messrs. Smith of Emanuel, Twitty of Mitchell, Scoggin of Floyd, and Underwood of Montgomery:
A Bill to be entitled an Act to repeal an Act relating to visiting com mittees of the legislature; to repeal an Act relating to inspection of property, institutions and resources of the State; and for other pur poses.
Referred to the Committee on State Institutions and Property.

HB 138. By Messrs. Smith of Emanuel, Twitty of Mitchell, Scoggin of Floyd and Underwood of Montgomery:
A Bill to be entitled an Act to repeal an Act relating to the Committee of the General Assembly to visit institutions; and for other purposes.
Referred to the Committee on Rules.

HB 139. By Messrs. Smith of Emanuel, Twitty of Mitchell, Scoggin of Floyd and Underwood of Montgomery:
A Bill to be entitled an Act to amend an Act creating the Joint Com mittee on the Operations of the General Assembly and the Office of Legislative Counsel, so as to change the name of the Joint Committee on the Operations of the General Assembly to Legislative Services Committee; and for other purposes.
Referred to the Committee on State of Republic.

HB 140. By Messrs. Scoggin of Floyd, Willingham of Cobb, Underwood of Montgomery, Ray of Warren, Twitty of Mitchell, Boyett of Whitfield and others:
A Bill to be entitled an Act to amend an Act so as to provide a new schedule of deductions for "medical and dental care"; to amend and clarify the net operating loss carry-back and carry-over section; to allow certain deductions to persons, firms, or corporations engaged in developing oil and gas properties; and for other purposes.
Referred to the Committee on Ways and Means.

WEDNESDAY, JANUARY 18, 1961

211

HB 141. By Messrs. Willingham, Teague and Wilson of Cobb:
A Bill to be entitled an Act to amend an Act creating the Cobb Judicial Circuit, so as to change the terms of Court of the Superior Court of Cobb County, and for other purposes.
Referred to the Committee on Local Affairs.

HB 142. By Mr. Steis of Harris:
A Bill to be entitled an Act to amend an Act known as the Georgia Securities Act, so as to provide for the changing and clarification of the requirements for exemption contained in Subsection (J) of Section 6, and for other purposes.
Referred to the Committee on Special Judiciary.

HR 55-142. By Mr. Williams of Hall:
A Resolution to compensate Hubert Kidd (State Forestry Commission) and for other purposes.
Referred to the Committee on Appropriations.

HR 56-152. By Mr. Sangster of Dooly:
A Resolution to compensate Mr. Noah A. Powers, Georgia Forestry Comm.) and for other purposes.
Referred to the Committee on Appropriations.

HB 143. By Messrs. Morgan of Gwinnett, Underwood of Montgomery, Cox of Clarke and Odom of Dougherty:
A Bill to be entitled an Act to amend an Act relating to the State Board of Corrections and to prisons, public works camps and prisoners, so as to provide for the establishment of guard lines at the various peni tentiaries; and for other purposes.
Referred to the Committee on State Institutions and Property.

HB 144. By Messrs. Morgan of Gwinnett, Underwood of Montgomery, Cox of Clarke and Odom of Dougherty:
A Bill to be entitled an Act to amend an Act relating to the State Board of Corrections and to prisons, public works camps and prisoners, so as to provide that the State Board of Corrections may provide by rules and regulations for the reinstatement of a party of the statutory and extra-good time allowance forfeited by the offenses of escape, attempt to escape, mutiny, sodomy, etc., and for other purposes.
Referred to the Committee on State Institutions and Property.

HB 145. By Mr. Story of Gwinnett:
A Bill to be entitled an Act to amend an Act regulating the sale of Fireworks, so as to remove certain exceptions to the provisions of said Act, and for other purposes.
Referred to the Committee on Hygiene and Sanitation.

212

JOURNAL OF THE HOUSE.

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

HB 86. By Mr. Stevens of Marion:
A Bill to be entitled an Act to amend an Act to create a new charter for the Town of Buena Vista; to establish a municipal government for said city; and for other purposes.

HB 87. By Messrs. Crawford, Dickey and Funk of Chatham:
A Bill to be entitled an Act to provide for the appointment by the Ordi naries of the respective counties of the State of Georgia of a Special Bailiff with the approval of the County Commissioners of such counties; and for other purposes.

HB 88. By Messrs. Crawford, Dickey and Funk of Chatham:
A Bill to be entitled an Act to amend an Act providing for the use of Voting Machines in certain counties, so as to provide that the name of any unopposed candidate in a political party primary may be omitted from the ballot used in the voting machine, and such unopposed candi date shall be declared to have received the total number of votes cast in such voting machine; and for other purposes.
HB 89. By Mr. Wells of Camden:
A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Roads and Revenue for Camden County, so as to redistrict the county into four Commissioner Districts; and for other purposes.
HB 90. By Messrs. Ray of Warren, Smith of Emanuel, Twitty of Mitchell, Scoggin of Floyd, McCracken of Jefferson and Underwood of Montgom ery:
A Bill to be entitled an Act to provide general appropriations for the operation of the State Government and other matters; and for other purposes.
HB 91. By Messrs. Payton and Potts of Coweta, Farmer of Heard, Waldrop of Carroll, NeSmith and Hill of Meriwether:
A Bill to be entitled an Act to provide for a supplement to the compen sation of the Solicitor General of the Superior Courts of the Coweta Judicial Circuit; and for other purposes.
HB 92. By Mr. Jernigan of Clinch:
A Bill to be entitled an Act to amend an Act to provide that the Tax Receiver in counties having a population of not less than 5,975 and not more than 6,500, shall be paid from ad valorem school tax collected for the county Board of Education a commission of two and one-half per cent of the net amount collected by the county tax Collector; and for other purposes.
HB 93. By Messrs. Bolton and Melton of Spalding:
A Bill to be entitled an Act to amend an Act relating to the serving of

WEDNESDAY, JANUARY 18, 1961

213

summonses in the justices' courts of the State of Georgia, so as to pro vide for the serving of summonses in said court upon the defendant by personal service only; and for other purposes.

HB 94. By Messrs. Bolton and Melton of Spalding:
A Bill to be entitled an Act to amend an Act creating a Department of Public Safety, so as to change the punishment for operating a motor vehicle when a learner's, special learner's, operator's, or chauffeur's license is suspended, cancelled or revoked; and for other purposes.

HB 95. By Messrs. Bolton and Melton of Spalding:
A Bill to be entitled an Act to provide that in all criminal cases tried by a jury it shall be the duty of the jury to return a verdict of guilty or not guilty; to preserve the rights of a judge to suspend or probate a sentence; and for other purposes.

HB 96. By Messrs. Bolton and Melton of Spalding:
A Bill to be entitled an Act to provide that in all criminal trials of this State, the accused, if he desires to present any facts to the jury, shall be sworn as any other witness and shall be examined and cross-exam ined as any other witness; and for other purposes.

HB 97. By Messrs. Bolton and Melton of Spalding:
A Bill to be entitled an Act to amend an Act known as the "Uniform Act Regulating Traffic on Highways," so as to provide that the Depart ment of Public Safety, or its designated agent, shall have exclusive authority to make arrests for speeding on State Highways within this State which are also designated as United States Highways; and for other purposes.

HB 98. By Mr. Bolton of Spalding:
A Bill to be entitled an Act to provide that it shall be unlawful for any insurance company to issue or renew any automobile collision insurance policy under certain conditions; and for other purposes.

HB 99. By Messrs. Bolton and Melton of Spalding:
A Bill to be entitled an Act to amend an Act relating to mileage allow ances for State officials and employees, and the furnishing of automo biles by officials and employees, so as to prescribe such mileage allow ance; and for other purposes.

HR 41-99. By Mr. Wells of Camden:
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 Camden County; and for other purposes.

HR 42-99. By Mr. McClelland of Fulton:
A Resolution to compensate Mrs. Mary L. Scogin (State Highway Dept.) ; and for other purposes.

214

JOURNAL OP THE HOUSE,

HR 43-99. By Messrs. Williams and Andrews of Hall:
A Resolution to compensate Sam R. Dunlap for damages suffered to his station wagon as a result of a collision with a Georgia State Patrol Car; and for other purposes.

HR 44-99. By Messrs. Williams and Andrews of Hall:
A Resolution to compensate Jack Brookshire for damages suffered to his car as a result of a collision with a State Highway truck; and for other purposes.

HR 45-99. By Mr. Black of Webster:
A Resolution to compensate E. R. Merritt (Dept. of Corrections) ; and for other purposes.

HB 100. By Messrs. Payton and Potts of Coweta:
A Bill to be entitled an Act to amend an Act which changed the compen sation of the Sheriff, the Ordinary, and the Clerk of the Superior Court of Coweta County from the fee system to the salary system, so as to change the compensation of the Ordinary; and for other purposes.

HB 101. By Mr. Baughman of Early:
A Bill to be entitled an Act to amend an Act to create and incorporate the City of Blakely in lieu of the Town of Blakely; and for other pur poses.

HB 102. By Mr. Baughman of Early:
A Bill to be entitled an Act to amend an Act to create and incorporate the City of Blakely in lieu of the Town of Blakely describing the corpo rate limits; and for other purposes.

HB 103. By Mr. Baughman of Early:
A Bill to be entitled an Act to amend an Act to create and incorporate the City of Blakely in lieu of the Town of Blakely, so as to change the corporate limits; and for other purposes.

HB 104. By Messrs. Sangster of Dooly, Underwood of Montgomery, Lowrey of Floyd, Tamplin of Morgan, Kirkland of Tattnall, Smith of Brantley and others:
A Bill to be entitled an Act to amend an Act known as the "Uniform Act Regulating Traffic on Highways," so as to provide that it shall be un lawful for any person to operate a motor vehicle upon the public high ways of this State so as to Race or engage in a contest of speed; and for other purposes.

HB 105. By Messrs. Paris of Barrow and Smith of Whitfield:
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,

WEDNESDAY, JANUARY 18, 1961

215

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 106. By Mr. Paris of Barrow:
A Bill to be entitled an Act to amend an Act relating to receiving stolen goods, so as to provide that the buyer or receiver may be tried without the necessity of the principal thief having been convicted, if the prin cipal thief is under seventeen years of age or is insane; and for other purposes.

HB 107. By Messrs. Birdsong and Ware of Troup:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of LaGrange, so as to increase the corporate limits of said City; and for other purposes.

HB 108. By Mr. Duncan of Fannin:
A Bill to be entitled an Act to provide a supplemental salary for the Ordinary of Fannin County; and for other purposes.

HB 109. By Mr. Hurst of Quitman:
A Bill to be entitled an Act to amend an Act known as the "Honesty in Government Act," so as to provide that certain provisions therein shall not apply to any member of the General Assembly who has been an officer or employee of the executive branch of government for more than eighteen years; and for other purposes.

HB 110. By Mr. Hurst of Quitman:
A Bill to be entitled an Act to amend an Act authorizing the establish ment of limited-access highways in this State, so as to authorize the State Highway Department to remove and relocate utility facilities of municipalities, counties or other political subdivisions of this State at State expense; and for other purposes.

HB 111. By Mr. Jernigan of Clinch:
A Bill to be entitled an Act to amend an Act creating the Board of Commissioners of Roads and Revenues for Clinch County, so as to change the compensation of the Chairman; and for other purposes.

HB 112. By Mr. Echols of Upson:
A Bill to be entitled an Act to prescribe the manner, method and condi tions upon which any State Department or agency shall distribute by mail or otherwise, any bulletins, pamphlets, periodicals, publications or other printed matter; and for other purposes.

HB 113. By Messrs. Crowe and Greene of Bartow:
A Bill to be entitled an Act to amend an Act relating to the incorpora tion of the City of Emerson; and for other purposes.

216

JOURNAL OP THE HOUSE,

HR 46-113. By Mr. Hurst of Quitman:
A Resolution to designate a bridge as the Richard B. Russell Memorial Bridge; and for other purposes.

HB 114. By Mr. Crawford of Chatham:
A Bill to be entitled an Act to repeal an Act so as to prescribe and establish compensation and/or salary for the Coroner of Chatham County; and for other purposes.
HB 115. By Messrs. Crawford, Dickey and Funk of Chatham:
A Bill to be entitled an Act to amend an Act establishing a metropolitan planning district for Chatham County, so as to provide that the mem bers of said commission shall not succeed themselves in office; and for other purposes.
HB 116. By Messrs. Crawford, Dickey and Funk of Chatham:
A Bill to be entitled an Act to amend an Act creating the Savannah District Authority, so as to provide that the members of said Authority shall not succeed themselves in office; and for other purposes.

HB 117. By Messrs. Killian and Flexer of Glynn:
A Bill to be entitled an Act to repeal an Act entitled "An Act to provide that in all counties having a population of not less than 40,000 and not more than 50,000, so as to change from the fee system to the salary system the Clerk of the Superior Court, the Sheriff, the Ordinary, the Tax Collector, Tax Receiver and Tax Commissioner"; and for other purposes.

SB 2. By Senator Grayson of the 1st:
A Bill to be entitled an Act authorizing Chatham County and the City of Savannah to issue Revenue Certificates to purchase land and construct facilities to encourage location of industry and to create employment; and for other purposes.

SB 6. By Senator Grayson of the 1st:
A Bill to be entitled an Act to amend an Act entitled "Eligibility for Appointment" by including in computation for retirement of Judges of Supreme Court, time served as Judge of any Court of record from which an appeal may be taken to the Court of Appeals; and for other purposes.

SB 7. By Senators Mitchell of the 43rd, Overby of the 33rd, and others:
A Bill to be entitled an Act to amend an Act relating to the salaries of Justices of the Supreme Court and Judges of the Court of Appeals and their officers and employees, so as to change the salaries of the Justices of the Supreme Court and the Judges of the Court of Appeals; and for other purposes.

WEDNESDAY, JANUARY 18, 1961

217

Mr. Fuqua of Richmond County, Chairman of the Committee on Banks and Banking, submitted the following report:
Mr. Speaker:
Your Committee on Banks and Banking has had under consideration the following Bill of the House of Representatives and has instructed me, as Chair man, to report the same back to the House with the following recommendations: HB 72. Do Pass.
Respectfully submitted,
Fuqua of Richmond, Chairman.

Mr. Underwood of Montgomery 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 75. Do Pass. HB 76. Do Pass. HB 77. Do Pass. HB 78. Do Pass. HB 79. Do Pass. HB 82. Do Pass. HB 83. Do Pass. HB 84. Do Pass.
Respectfully submitted,
Underwood of Montgomery, Chairman.

Mr. Caldwell of Upson County, Chairman of the Committee on Motor Vehicles, submitted the following report:
Mr. Speaker:
Your Committee on Motor Vehicles has had under consideration the following Bill of the House and has instructed me, as Chairman, to report the same back to the House with the following recommendations:
HB 52. Do Pass.
Respectfully submitted,
Caldwell of Upson, Chairman.

218

JOURNAL OF THE HOUSE,

Mr. Barrett of Cherokee County, Chairman of the Committee on Natural Resources, 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 44. Do Pass.
HB 45. Do Pass.
Respectfully submitted,
Barrett of 17th Chairman.

Mr. Twitty of Mitchell County, Vice-Chairman of the Committee on Rules, submitted the following report:
Mr. Speaker:
Your Committee on Rules has had under consideration the following Resolu tions of the House and has instructed me, as Chairman, to report the same back to the House with the following recommendations:
HR 47. Do Pass.
HR 32. Do Pass as Amended.
Respectfully submitted,
Twitty of Mitchell, Vice-Chairman.

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

HB 1. By Messrs. Smith of Emanuel, Twitty of Mitchell, Scoggin of Floyd, McCracken of Jefferson, Ray of Warren, Blalock of Clayton, Underwood of Montgomery and many others:
A Bill to amend an Act known as the "State Bridge Building Authority Act," so as to rename the Authority as the "Georgia State Highway Authority" and to rename the Act as the "Georgia State Highway Au thority Act"; 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:

WEDNESDAY, JANUARY 18, 1961

219

HR 52. By Messrs. Cox of Clarke and Barrett of Cherokee:
A Resolution relative to the inspection of state property in Chattanooga, Tennessee; and for other purposes.

HR 53. By Mr. Twitty of Mitchell:
A Resolution calling a joint session of the House and Senate for the purpose of hearing an address by His Excellency, the Governor; and for other purposes.

Under the provisions of HR 53, the president has appointed as a Committee of Escort:
Senators Matthews of the 48th, Raynor of the 4th, Owens of the 32nd and Smalley of the 26th.

By unanimous consent, the following Bills of the House were taken up for consideration and read the third time:
HB 75. By Messrs. Paris of Barrow, Simmons of Banks and Barber of Jackson:
A Bill to be entitled an Act to repeal an Act placing the court reporter of the Piedmont Judicial Circuit on a salary basis in lieu of a fee basis, so as to provide for additional compensation of the court reporters of the Piedmont 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 116, nays 0.

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

HB 76. By Mr. Woodward of Butts:
A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Roads and Revenues for Butts County, so as to require a periodic audit of the books and records of certain officers of Butts County; and for other purposes.

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

On the passage of the Bill, the ayes were 116, nays 0.

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

HB 77. By Mr. Woodward of Butts:
A Bill to be entitled an Act to change the compensation of the Ordinary of Butts County from the fee system to the salary system; and for other purposes.

220

JOURNAL OF THE HOUSE,

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

On the passage of the Bill, the ayes were 116, nays 0.

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

HB 78. By Mr. Woodward of Butts:
A Bill to be entitled an Act to change the compensation of the Tax Col lector of Butts County from the fee system to a system whereby such Tax Collector shall be entitled to certain commissions and a salary provided such commissions do not exceed a specific amount; and for other purposes.

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

On the passage of the Bill, the ayes were 116, nays 0.

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

HB 79. By Mr. Woodward of Butts:
A Bill to be entitled an Act to change the compensation of the Sheriff of Butts 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 116, nays 0.

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

HB 82. By Messrs. Bolton and Melton of Spalding:
A Bill to be entitled an Act to amend the charter of the City of Griffin, by enlarging the present city boundaries and the corporate limits by the annexation of certain described property adjacent to the present city limits; and for other purposes.

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

On the passage of the Bill, the ayes were 116, nays 0.

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

HB 83. By Messrs. Bolton and Melton of Spalding:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Griffin, so as to change the qualifications and election of

WEDNESDAY, JANUARY 18, 1961

221

members of the Board of Commissioners of the City of Griffin; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 116, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 84. By Messrs. Bolton and Melton of Spalding: A Bill to be entitled an Act to amend an Act creating a new charter for the City of Griffin, so as to change the amount of appearance bonds and the deposit of collaterals or money; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 116, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

The following Resolution of the House favorably reported by the Committee was read the second time and adopted.

HR 47. By Messrs. McCracken of Jefferson, Underwood of Montgomery, Smith of Emanuel and others:
A Resolution relative to recent events at the University of Georgia; and for other purposes.

By unanimous consent, the following editorial from the Atlanta Constitution of this day was read:
Eugene Patterson
This Is the Day For a Long View
Gov. Vandiver's presentation of a positive program to the legislature is long due. Both houses are waiting for his lead tonight. The university crisis caused an understandable delay.
But the delay could have become a vacuum. The governor realizes this and plans to raise some flags of leadership. While he has been forced to deal with the university crisis in the courts and on the campus instead of in the legislature, the legislators have watched and fretted.
Restraint by the legislators and skill by their leaders have minimized position-taking by orators who might have found their positions boomeranging overnight. Instead, the members of the General Assembly have taken a generally realistic look at the legal facts involved.
There has been some effort to blame the facts on somebody. These efforts focus on peripheral points:

222

JOURNAL OF THE HOUSE,

--if Judge Bootle had given the legislature a week to kill the uni versity law instead of doing it himself, things would have been health-

--if university officials had not housed Charlayne Hunter in a dor mitory, and if the deans hadn't walked with her, sensibilities would not have been outraged . . .
--if the non-peaceable riot of students had been a peaceable assem bly, then the students would have had a right to stage it ... but the peaceable protest signed by professors was outside their rights . . .
All of these points are in the past; they cannot be changed, nor should a legislature facing the challenge of this one use its time upon them now to the neglect of the greater deliberation facing it tonight. The people back home know what has happened; they are interested now in what is going to happen.
When the governor rises, and lays upon the shoulders of these legis lators the future of the Georgia public schools, the state will see one of the solemn moments in its history. It will see a courageous governor tak ing a stand of leadership before the state, not ducking and dumping the risk on the legislature. It will see legislators whose segregation beliefs are unaltered trying to face radical changes of law--changes which have turned their own laws into the very weapons that threaten their beliefs.
And the basic question remains: Shall our schools be closed?
Messrs. Matthews and Cox of Clarke requested that the Journal show that they did not vote on HR 47.
Under the general order of business, the following Bills of the House were taken up for consideration and read the third time:

HB 44. By Messrs. Brackin of Seminole, Busbee of Dougherty, Baughman of Early, and others: A Bill to be entitled an Act to amend an Act providing for a three-day Statewide non-resident fishing license; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 165, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 52. By Mr. McClelland of Fulton:
A Bill to be entitled an Act to amend an Act creating a Department of Public Safety for the State of Georgia, and providing for the issuance, suspension and revocation of motor vehicle driver's license; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

WEDNESDAY, JANUARY 18, 1961

223

On the passage of the Bill, the ayes were 107, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 49. By Mr. Walker of Lowndes: A Bill to be entitled an Act to amend an Act relating to lease and ad ministration of the estates, so as to make provisions relative to timber, oil, gas and mineral leases and contracts; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Akins Andrews of Hall Arnsdorff Barber Barnett of Baker Birdsong Boggs Bowen of Randolph Boyett Brooks of Fulton Brown Budd Busbee Bynum Chance Chandler Clarke of Monroe Cloer Cocke Cox Culpepper Davis Deen Dollar Duncan of Fannin

Duncan of Carroll Dunn Fleming Flexer Floyd Hale Hall of Lee Hill Hodges Hull Jernigan Jones of Liberty Jones of Worth Kidd Killian Kirkland Knight of Berrien Mackay Massee Matthews of Colquitt McClelland McCutchen Morgan NeSmith Odom

Those voting in the negative were Messrs.:

Abney Adams Ballard Barnett of Wilkes Barrett Baughman Bowen of Toombs Bozeman Brackin

Branch Caldwell Carswell Clark of Catoosa Coker Collins Crowe Dickey Dorminy

Otwell Paris Parker of Appling Payton Pelham Phillips of Bibb Poole Sangster Shuman Simpson Smith of Whitfield Stevens Story Summers Teague Thornton Waldrop Walker of Lowndes Wells of Peach Wells of Camden Wickham Wilkes Willingham Wilson
Fitzgerald Flynt Fordham Fowler of Treutlen Funk Greene Harrell Henderson H orton

224

JOURNAL OF THE HOUSE,

Howard Jones of Lumpkin Jordan Keyton King Lane Lewis Lovett Lowrey McCracken Mixon Moore Moorman Murphy

Farmer Phillips of Walton Raulerson Ray Roberts Rowland Scarborough Simmons Sinclair Smith of Grady Smith of Brantley Smith of Habersham Steis Tabb

Tamplin Taylor of Dawson Todd Tucker Twitty Underwood of
Montgomery Underwood of Taylor Vaughn Wells of Oconee Williams of Hall Young

Those not voting were Messrs.:

Andrews of Stephens Black Blalock Bolton Brooks of Oglethorpe Conner Crawford Dicus Doster Echols Fowler of Douglas
Fuqua Hall of Floyd Hurst Johnson Joiner Jones of Sumter Keadle Kelly Killingsworth Kimmons Knight of Laurens

Lanier Lee Loggins Lokey Matthews of Clarke McDonald McGarity Melton Milhollin Miller Moate Morgan Morris Moss Mullis Newton Pannell Parker of Screven Parker of Ware Phillips of Columbia Pickard Potts

Purcell Rodgers of Charlton Rogers of Paulding Roper Ross Rutland Scoggin Sheffield Singer Smith of Fulton Strickland Stuckey Taylor of Decatur Taylor of Bibb Undercofler Walker of Telfair Watson White Williams of Coffee Woodward Mr. Speaker

On the passage of the Bill, the ayes were 74, nays 66.
The Bill, having failed to receive the requisite constitutional majority, was lost.
Mr. Budd of Lowndes served notice that at the proper time he would ask the House to reconsider its action in failing to pass HB 49.
HB 41. By McCutchen of Gilmer, Duncan of Fannin, Cloer of Towns, and others: A Bill to be entitled an Act to amend Code Chapter 34-99 relating to punishments for violations of elections laws, as amended; and for other purposes.
The following amendment was read and adopted: Mr. Underwood of Montgomery moves to amend HB 41 by striking

WEDNESDAY, JANUARY 18, 1961

225

all of the words in the last sentence of Section I, after the word pun ished, and inserting the following:
"bv a sentence of not more than ten (10) days in jail or a fine of $25.00."

The follov/ing Committee amendment was read:
The Committee on Judiciary moves to amend HB 41 as follows:
"By inserting at the end of Section 1 thereof the following language:
"Provided however, that said distance of fifteen (15) feet may be extended to a greater distance in any county in this state by local legislation or local act and provided further that any effective local act now in existence at the time of the passage of this act shall not be repealed hereby."

The following amsrtdment to the Committee amendment was read and adopted:
Mr. Paris of Barrow moves to amend the Committee amendment to HB 41 as follows:
By striking the figure and words "fifteen (15) feet" wherever the same appear and to insert in lieu thereof the figure and words "fifty (50) feet."
The Committee amendment, as amended, was adopted.

An amendment, offered by Mr. Smith of Habersham, was read and lost.

The report, of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to, as amended.

On the passage of the Bill, as amended, the roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Messrs.:

Akins Andrews of Hall Arnsdorff Ballard Barber Barnett of Wilkes Barnett of Baker Barrett Baughman Birdsong Black Boggs Bowen of Toombs Boyett Bozeman Branch

Brooks of Fulton Brown Budd Busbee Bynum Caldwell Carswell Chance Chandler Clark of Catoosa Clarke of Monroe Cloer Cocke Collins Conner Cox

Crawford Culpepper Davis Deen Dickey Dollar Dorminy Duncan of Fannin Dunn Echols Flexer Floyd Flynt Fordham Fowler of Treutlen Funk

226

JOURNAL OF THE HOUSE,

Harrell Henderson Hill Hodges Jlorton Howard Jernigan Johnson Joiner _Jones of Liberty Jones of Lumpkin Jones of Sumter Kidd Killian Killingsworth Kirkland Knight of Laurens Knight of Berrien Lane .Lanier Lewis Lovett Lowrey Mackay Massee Matthews of Colquitt McClelland McCutehen Melton ^Milhollin "Miller Mixon

Moorman Morgan Moss Mullis Murphy Ne Smith Odom Otwell Pannell Paris Parker of Screven Parker of Appling Farmer Payton Pelham Phillips of Columbia Phillips of Walton Phillips of Bibb Poole Potts Ray Roberts Rodgers of Charlton Rogers of Paulding Rutland Sangster Scarborough Scoggin Sheffield Shuman Simpson Sinclair

Smith of Grady Smith of Pulton Smith of Habersham
Steis Stevens Story Strickland Summers Tamplin Taylor of Decatur Thorn ton Todd Tucker Twitty Underwood of
Montgomery Underwood of Taylor Vaughn Waldrop Walker of Lowndes Walker of Telfair Ware Wells of Peach Wells of Oconee Wells of Camden White Wilkes Williams of Coffee Williams of Hall Woodward Young

Those voting in the negative were Messrs.:

Abney Adams Bowen of Randolph Brackin Coker Crowe Fitzgerald Fleming

Hale Hall of Lee Hull HuTst Keadle Keyton King McGarity

Those not voting were Messrs.:

Andrews of Stephens Blalock Bolton Brooks of Oglethorpe Dicus Doster Duncan of Carroll Fowler of Douglas Fuqua

Greene Hall of Floyd Jones of Worth Jordan Kelly Kimmons Lee Loggins Lokey

Moore Morris Raulerson Rowland Smith of Habersham Tabb Taylor of Dawson
Matthews of Clarke McCracken McDonald Moate Morgan Newton Parker of Ware Pickard Purcell

WEDNESDAY, JANUARY 18, 1961

227

Roper Ross Simmons Singer Smith of Brantley

Smith of Whitfield Stuckey Taylor of Bibb Teague Undercofler

Watson Wickham Willingham Wilson Mr. Speaker

On ths passage of the Bill, as amended, the ayes were 141, nays 23.

The Bill, having received the requisite constitutional majority, was passed, as amended.

HB 28. By Messrs. Kidd and Chandler of Baldwin:
A Bill to be entitled an Act to amend an Act effecting a complete revi sion of the Laws of this State relating to the qualification and registra tion of voters, so as to change the time within which a person must vote in order for his name to be retained on the registration list; and for other purposes.

By unanimous consent, further consideration of HB 28 was postponed until January 19, 1961.

HB 45. By Messrs. Parker, and Hodges of Ware, Plexer and Killian of Glynn:
A Bill to be entitled an Act to amend an Act revising, superseding and consolidating the laws relating to the State Game and Fish Commission relating to the acquisition of land; and for other purposes.

By unanimous consent, further consideration of HB 45 was postponed until January 19, 1961.

The following Resolutions of the House were read and referred to the Com mittee on Rules:

HR 62. By Messrs. Parker of Screven, Johnson of Jenkins, and Arnsdorff of Eff ingham:
A RESOLUTION
Relative to recent events at the University of Georgia; and for other purposes.
WHEREAS, the Constitution of the United States and the Consti tution of Georgia guarantee freedom of speech and freedom of peaceable assembly and the students at the University of Georgia have not been able to exercise either of these freedoms, and
WHEREAS, although violence is not condoned, it is felt that certain acts which have taken place on the campus at the University of Georgia would not have taken place if students had been allowed to speak freely and assemble peaceably, and
WHEREAS, certain professors and teachers at the University of Georgia have signed a petition calling for the readmission of two Negro students and such actions by those certain professors and teachers are not in the best interest of the University or the State of Georgia.

228

JOURNAL OP THE HOUSE,

NOW, THEREFORE BE IT RESOLVED BY THE HOUSE OP REPRESENTATIVES that University officials are hereby strongly urged to allow students at the University the right of freedom of speech and the right of peaceable assembly and further that the actions of the aforesaid professors and teachers are hereby cancelled.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a copy of this Resolution to the Chairman of the Board of Regents and to the President of the University of Georgia.

HR 63. By Mr. Kidd of Baldwin:
A RESOLUTION
Creating a joint Senate-House Committee to study an Act providing payment of cost for care of patients in State institutions; and for other purposes.
WHEREAS, an Act, approved March 23, 1960 (Ga. Laws 1960, p. 1138), which provided for the payment of cost for care of patients in State institutions, said Act being commonly referred to as "Paid Pa tient's Act," has been in operation for approximately one year; and
WHEREAS, said Act has proven to have certain inequities, among which is the fact that deductions for monthly patient incomes are too excessive and leave too little for the patient to spend on personal necessi ties; and
WHEREAS, said Act is affecting many patients now in our State institutions, and such inequities should be dissolved and remedied;
NOW THEREFORE BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that a joint Senate-House Committee to study such matters be created, and that the President of the Senate, appoint three members of the Senate, and that the Speaker of the House of Representatives appoint five members of said body immediately upon the approval of this Resolution to undertake such investigation and steps toward revision of the Act herein referred to and report back to the General Assembly before the end of the 1961 Session. Said Committee shall be entitled to receive such expenses as they actually incur for said study.

HR 64. By Mr. Kidd of Baldwin:
A RESOLUTION
Creating a committee to study the Merit System of Personnel Ad ministration governing the employees of the State; and for other pur poses.
WHEREAS, it is the desire of the General Assembly that a compre hensive investigation and study of the Merit System of Personnel Ad ministration of this State be made; and
WHEREAS, since its enactment such a study has not been made; and
WHEREAS, it is apparent that there are many inequities existing

WEDNESDAY, JANUARY 18, 1961

229

within the Administration and provisions of the rules relating to com pensation of members, both on ability and longevity; and
WHEREAS, such inequities need to be revised and receive special attention by a legislative group;
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is hereby created a committee to study the Merit System of Personnel Administration of this State. Said committee shall consist of three members of the Senate, to be appointed by the President of the Senate, and seven members of the House of Rep resentatives, to be appointed by the Speaker of the House of Represen tatives. The committee shall meet within thirty (30) days after all its members have been named for the purpose of organizing, and at said meeting a chairman, a secretary, and such other officers as deemed de sirable by the committee shall be elected. For the purpose of setting the date of such first meeting, and making the necessary arrangements rela tive thereto, and for presiding until a chairman is elected, the President of the Senate or the Speaker of the House of Representatives shall pre side and act as chairman. Further meetings of the committee shall be held on designated dates adopted by the committee. The committee is hereby authorized and empowered to make continuing studies and inves tigations into the operations of the Merit System and its related areas. All employees of the Merit System and the State of Georgia are hereby directed to cooperate with the said committee and furnish such informa tion, records and documents of every kind which shall be required or requested by the committee.
The members of the committee shall receive compensation, per diem, expenses and allowances which are authorized for members of interim legislative committees for the days upon which that person serves. The committee is hereby authorized to make such reports from time to time as it deems desirable and shall furnish the General Assembly of the State of Georgia a full report of their study and investigation at the beginning of the 1962 Session.

The following Resolution of the House was read and adopted:

HR 31. By Messrs. Brooks of Fulton, Phillips of Bibb, and others:
A Resolution creating a committee to investigate and study matters relating to insurance; and for other purposes.
Under the provisions of the above HR 31, the Speaker appointed the following committee: Messrs. Brooks of Fulton, Phillips of Bibb, Clarke of Monroe, Andrews of Hall and Jones of Liberty.
The Speaker announced the House recessed until 6:15 o'clock p.m.

NIGHT SESSION The Speaker called the House to order.

6:15 p.m.

The hour of convening having arrived, the Senate appeared upon the floor of the House, and the Joint Session convened for the purpose of hearing a message from His Excellency, Governor S. Ernest Vandiver.

230

JOURNAL OF THE HOUSE,

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

The Secretary read the Resolution providing for the Joint Session.
Accompanied by the Committee of Escort and other distinguished guests, Governor Vandiver appeared upon the floor of the House.
Lieutenant Governor Garland T. Byrd in presenting Governor Vandiver made the following introductory remarks:
Mr. Speaker, members of the Senate and of the House of the Gen eral Assembly, and my fellow Georgians . . .
In these days of crisis for Georgia, this is a most important hour, a significant and far-reaching occasion.
As members of this General Assembly, as citizens of our great state, we look to the chief executive for his advice, his counsel, his leadership.
We know that the message he will present to us calls for your most serious consideration, for your action in behalf of the people you repre sent.
It is a privilege for me to present upon this most important occa sion, the Governor of Georgia, his excellency, the Honorable S. Ernest Vandiver.

Governor S. Ernest Vandiver, delivered the following address:
LIEUTENANT-GOVERNOR BYRD, HOUSE SPEAKER SMITH, GENTLEMEN OF THE SENATE AND OF THE HOUSE OF REP RESENTATIVES, FATHERS, MOTHERS, CHILDREN, TEACHERS, AND CITIZENS OF GEORGIA:
This evening, you and I meet together in this Joint Session, on an occasion history will judge.
I am addressing you not only as your Chief Executive, but as a devoted father, with one son and two daughters, in the classrooms of our public schools.
I am speaking to them about their future, as much as I am speak ing to you and your children, about yours.
We meet together to proclaim to the whole world, that:
PUBLIC EDUCATION WILL BE PRESERVED!
OUR GEORGIA CHILDREN WILL BE PROTECTED!
LOCAL ADMINISTRATION AND AUTONOMY, WILL BE MAINTAINED!
GRANTS WILL BE AUTHORIZED!
THE PUBLIC SCHOOLS, THE VERY CENTERS OF OUR COM MUNITY LIFE AND ACTIVITY, WILL BE STRENGTHENED!
THE RIGHT OF YOUR CHILD AND MINE TO AN ADEQUATE EDUCATION, TO FIT THEM FOR AND INCREASINGLY-COM-

WEDNESDAY, JANUARY 18, 1961

231

PETITIVE WORLD, WILL BE ENRICHED AND GUARDED, AS ARE OTHER SACRED RIGHTS!
I have summoned the Assembly here, in this unusual and emer gency session, in order that what I will have to say, can go into the living rooms of as many Georgia homes, and reach as many mothers and fathers, as I can.
May I extend my warmest and heartfelt gratitude, to the owner ship, management and staffs, of Georgia radio and television stations, for responding so quickly and generously, to bring this message to the people.
The fate of public education in Georgia, rests with me, as Governor, with you, as members of the General Assembly, and with State and local educators.
Moreover, its ultimate fate, rests with that great body of Georgians, that go to make up our citizenry.

TRYING TIMES
These past few days, have been trying ones for all of us--days of shock, frayed tempers, anger, shouting, even violence, but, over in the distance, through it all, shone a steady light--the light of Georgia char acter, the innate, inbred integrity of our people.
We hold fast to a common heritage, and share a mutual destiny.
Our minds, our hearts, our roots grow deep, in Georgia's sandy soil, in her rolling plains, and in her red clay hills.
On her landscape, we have felt the joys of youth, the experiences of growing, and on her ground we have shed our tears.
Ingrained in each of us, is the deep, personal, unchangeable convic tion, that separate public education--segregated facilities--not only are best, but are mandatory, under the circumstances existant here, if peace ful relations are to continue, between the two races as they have in the past.
ASSEMBLY SENTIMENT
Prom talking to the members of the Assembly, and studying various Bills already introduced, I believe that it is the sense of this body, that its faith in separate education, remains unshakeable--
--that it deplores in the strongest terms, the raw exercise of Fed eral might, applied by sweeping judicial decrees, seeking to bring the injunctive decrees, seeking to bring the injunctive process to bear, upon thousands of our people.
--that this hand of Federal force, moving into Georgia's hallowed halls, is repugnant to practically every person in this chamber.
--that many of Georgia's existing laws, though valid when enacted, and having served a good purpose, have been transformed by recent decisions and events, from possible instruments of defense, to instru ments of doom at the outset.
--that these very laws, have been so interpreted by the Federal

232

JOURNAL OF THE HOUSE,

courts in such manner, as to no longer support the principle for which they were enacted, and, indeed, have been utilized to accomplish just the opposite, and to justify Federal intervention, in purely local affairs.
This General Assembly recognizes, as do I, unless some new laws, some new weapons, are sought now, our public schools in the future, will be taken over and run by Federal injunction, and policed by Fed eral troops.
This Governor--this General Assembly--are not willing to sit by, and let the Federal courts take over the prerogatives of State and local governments.
We are determined to do everything we can--take every action we can--to prevent it!

CRISIS AT HAND
The crisis is upon us.
I must tell you quite frankly, that a failure to resolve it, will blight our State.
Like a cancerous growth, it will devour progress--consuming all in its path--pitting friend against friend--demoralizing all that is good-- stifling the economic growth of the State--and denying the youth of Georgia, their proper educational opportunity.
We have seen the destructive forces, which can be loosed upon us.
We have seen reason give way to emotion.
We have seen destructive violence--even mob rule.
That is too big a price to pay, for inaction.
The time has come when we must act--act in Georgia's interest--act in the future interest of Georgia youth.
AND WE MUST ACT WITHOUT DELAY.

EVENTS MOVE SWIFTLY
I say this, for in the past few days, we have seen events move so swiftly, that it was hard to keep them in their true perspective.
My friends, under Georgia's present statutes, it has been demon strated that it is futile, even to send a lawyer into the court room, to defend them.
The question tonight is--are we going to have safeguards or not?
The answer is obvious.
We have had a preview of what will happen.
We have seen the results, of being denied the right to defend a cause on its merits.
We have seen the results of our attorneys being handicapped with out new laws, appropriate for the time and the occasion.

WEDNESDAY, JANUARY 18, 1961

233

Yes, in a single stroke of the Federal judge's pen, we have seen the State stripped of any protection whatsoever.

NEW PLANS OF DEFENSE
Sitting here with me as I speak this evening, are Georgia's dis tinguished Attorney General, Eugene Cook, and his special assistant, Attorney B. D. Murphy. These gentlemen have fought Georgia's legal battles, against usurpation of State authority, in various fields in the courts for over a decade. They have done so honorably and well, and effectively.
I have consulted with them many times and at length, concerning new plans of defense that I will lay out to you, and they, and others associated with them, have advised me, that this is the only course now available to us.
That is why I have asked you here, in this unusual emergency session.

ADVICE SOUGHT
There have been many meetings, many conferences, many discussions about this problem. I have consulted with members of the General Assembly, with members of my administration and with the people of Georgia--the industrialist, the businessman, the farmer, the factory worker, the filling station operator, the druggist, the educator, the minister--and, yes, even with the youth most directly affected.
I have asked each of them, what solution they had, and if they had a solution, to come forward with it now.
Regrettably, no one has come forward, with the perfect solution.
There is no perfect solution.
I reject, as I know you and the people of Georgia do, any thought, suggestion, hint or encouragement, of defiance of lawful processes, or the subjecting of the children of Georgia, to the bodily hazard of vio lence and mob rule.

CLOSED SCHOOLS?
Having seen what can happen, in the University System, we must move to protect the public schools, and Georgia school children, within the legal framework left to us. Developments in the University case, raise the real peril, that under certain circumstances, State-funds sup port for the Department of Education, and for the 159 county and 39 independent school systems, might not be constitutionally-permissible, and might have to be withheld by the State.
In such circumstances, there could be only one result.
All of the public schools in the State, could be forced to close.
That is a possibility which you, I and the people of Georgia, are unwilling to contemplate, much less permit!
After seven years of political debate--after the enactment of many laws, which have been put to successive tests in other states and have

234

JOURNAL OF THE HOUSE,

fallen--Georgia at this hour, is confronted squarely with the inexorable hand of Federal force, for the first time.
Her decision--public education or no education--how most effec tively to protect the welfare of her children, in view of the lawsuits, affecting the University at Athens and the public schools, and others which may follow.

PEOPLE SPEAK
There is no--NO--sentiment in this State, for a blind destruction of public education, without offering an effective alternative.
There never has been.
Every legal means and resource, to circumvent the effects of the decision, yes.
Defiance, no.
Private schools offered as a last resort, yes.
Destruction of education, no.
That has been the policy.
That is the policy today.
There is no real sentiment in Georgia, for integrating the class rooms of her schools and colleges.
We are the target of destructive forces beyond our borders, the evil effects of which must be neutralized, by Georgians acting in concert, for their best interests.
The great body of our people--the masses--white and colored alike --wish, are proud of, and, are content, with our system of separate education.
Its preservation, is the fundamental objective of Georgia people.
It is the fundamental objective, of the Vandiver administration.
Separate education--segregated facilities--are our objectives, first, last and always.
Giving our people an effective and legal means, to protect them selves in light of present conditions, public sentiment will see to it, in practically every community, that separate education is continued in Georgia, on a voluntary basis.

AFFORD THAT PROTECTION Therefore, it is incumbent upon me, as Governor, and upon you, the
members of the General Assembly, to act now to afford that protection. It can be done. We can preserve public education. We can maintain separate facilities. We can preserve the peace and good order, of the State.

WEDNESDAY, JANUARY 18, 1961

235

We can--we must--protect the children of Georgia.
We can do this, my friends, NOT by futile defiance of Federal force and authority--
--not by allowing ourselves to come into irreconcilable conflict, with superior Federal armed forces, as a few would have us do, where abject defeat and a turnover of education to the Federal courts, would be the ultimate catastrophe.
That is no strategy.
That is no plan.
Our course is to evolve a sensible plan; not to engage in emotional, futile moves, which accomplish nothing, but further aggravate an al ready-bad situation.
Our course, is lawful resistance--not defiance--not violence.
Our course, is what is expected of a government of laws.
Our course, is what is expected from responsible men.
Our course, is the only effective, remaining means, and solution.
Georgians have maintained their position, by acting with intelli gence, with foresight, with initiative and with courage.
We will continue to do so.

GRANTS AMENDMENT
The decision of the Federal Supreme Court, rendered September 29, 1958, in the Little Rock case, and those which followed, have made it necessary, that we revise our education grants plan, as envisioned in 1956.
I am sure that those who opposed the grants-in-aid amendment in 1954, will join tonight with those of us, who voted and worked actively for, its adoption in proclaiming it a farsighted act, of statesmanship and leadership.
Proposed by the then Governor Herman Talmadge, it was the basis of our defense then.
It forms the basis of our defense now.
Implementation legislation, for the 1954 grants amendment, was adopted in 1956 and in 1959. Since that time, decisions have rendered it ineffective, in that, conditions which these statutes envisaged, cannot now legally come into operation. Therefore, for the State to make grants, new implementing legislation is necessary.
Also, in 1956 and in 1959, the Legislature enacted statutes, provid ing for school closure when integrated. Recent decisions dealing with identical laws, have resulted in their being stricken.
In order to authorize the suspension of public schools, and their reopening, consistent with the wishes of their patrons, a new law, cov ering this subject must be passed.

236

JOURNAL OF THE HOUSE,

GENERAL ASSEMBLY COMMITTEE ON SCHOOLS
At its last session, the General Assembly created a commission--the General Assembly Committee on Schools--to make such a study.
The committee made a constructive contribution, in setting forth our present legal position.
Though the report was not unanimous, while varying views were expressed, in those conclusions, where there was unanimity, the report is most enlightening, and helpful.
In these areas, the combined reports express the will of the people-- the will of the people of Georgia.
After studying these reports, I find that there are striking simi larities, in their recommendations.
These are the points, that every member of the committee agreed on:
1. The people of Georgia are overwhelmingly in favor, of both segregation and public education.
2. An overwhelming majority of the people of Georgia, hold a deep conviction, that separate facilities for the white and colored races, are in the best interests of both races.
3. Compulsory association of the races, through enforced integra tion, would be detrimental to the peace, good order and tranquility of the State, and detrimental to progress, harmony and good relations, between the races.
4. The vast majority of the people, prefer tax-supported, segre gated public schools, rather than private schools.
5. The right of freedom of choice of one's associates, is in violation of no laws, State or Federal, and is the foundation stone of all society, and is the base upon which progress, happiness, good order and good feeling among people, are built.
6. Both majority and minority reports, favor the adoption of an amendment to the State Constitution, guaranteeing this same freedom of association, under which no child would be compelled to attend a school, wherein intolerable conditions exist.
7. That legally-effective, implementation legislation be enacted, authorizing tuition grants, under the 1954 amendment.
8. That public education be preserved in Georgia.
Finally, most important of all--
9. That the best interests of the children of Georgia be held para mount, and above all other considerations.

THE ISSUE PRESENTED
In the final analysis, the question--the issue--presented to me and to you, is whether we want to rest our defenses, entirely upon existing statutes, many of which are identical to those which have fallen in other states; or whether we shall rebuild our defenses, to withstand these onslaughts in the courts.

WEDNESDAY, JANUARY 18, 1961

237

Gentlemen, in laying a breastworks, it is elementary tactics, not to rely on a single, already vulnerable line, which when once pierced, the hordes would be upon us.
All of us remember the famed French Maginot Line, vaunted as invincible, prior to World War II. But we remember also, how it melted before the onslaught of the Blitzkreig.
The time is at hand, therefore, to seek new and better defenses--to perfect alternative plans--to act with courage and resolve--to act de cisively--to determine to carry on legal resistance with every means available to us.
We must discard, rusty and defective safeguards.

COURSE ESTABLISHED
We will follow the principle laid down by the General Assembly of Georgia, and the people of Georgia in 1954, at the beginning of this struggle, that, in our common weal, we will utilize to the fullest--
EVERY LEGAL MEANS AND EVERY LEGAL RESOURCE AT OUR COMMAND, TO MAINTAIN SEPARATE EDUCATION IN GEORGIA!
That is our policy.
Let us pursue it with everything we have.
Let us proceed now to examine our position, and to act with immedi acy to strengthen it absolutely and with purpose.

CHILD PROTECTION PLAN
The administration will present to you, a Freedom of Association, child protection defense package, at this session, composed of a proposed Constitutional Amendment, and three Bills.
The Amendment would guarantee, freedom of association.
One Bill, would provide for an effective system of grants-in-aid, based upon valid premises, rather than upon contingencies, which are legally impossible under existing laws.
Another would provide adequate legal machinery, which does not now exist, for suspension and reopening, of public schools.
Another Bill, relates to new and effective appellate procedures, of the State Board of Education.
The Amendment and Bills are intended to be cumulative, to all effective and subsisting school legislation on the books, and to augment and supersede those enactments, which are now ineffectual as enabling legislation, for our constitutional provision authorizing grants in-aid.
Their passage is an additional and necessary sten, in Georgia's efforts to avoid the harmful effects, of the decision in the Brown case, and those which have followed.
That is our task.

238

JOURNAL OF THE HOUSE,

We live in times, and face problems, that appear almost unsolvable.
But we must take heart.
We have a great State here, and the finest citizens on earth.
Praying for Divine Guidance in all that we do, re-dedicating our faith in Education, young Georgia eyes, will look deeper into the world of the future.
An educated youth, will discover broad new horizons, for the better ment of mankind.
And a people, armed with knowledge, will be easy to lead, difficult to drive, and impossible to enslave.

Senator Knox of the 54th moved that the Joint Session be now dissolved, and the motion prevailed.

The President of the Senate announced the Joint Session dissolved.

The House was called to order by the Speaker.

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

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

THURSDAY, JANUARY 19, 1961

239

Representative Hall, Atlanta, Georgia Thursday, January 19, 1961

The House met pursuant to adjournment at 11:00 a.m., this day and was called to order by the Speaker.

Prayer was offered by the Chaplain, Rev. Emory Gilbert, Pastor of the Tennille Methodist Church, Tennille, Georgia.

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

Abney Adams Akins Andrews of Stephens Andrews of Hall Arnsdorff Ballard Barber Barnett of Wilkes Barnett of Baker Barrett Baughman Birdsong Black Blalock Boggs Bolton Bo wen of Randolph Bowen of Toombs Boyett Bozeman Brackin Branch Brooks of Oglethorpe Brooks of Fulton Brown Busbee Bynum Caldwell Carswell Chance Chandler Clark of Catoosa Clarke of Monroe Cloer Cocke Coker Collins Conner Cox Crowe Culpepper Davis Deen

Dickey Dicus Dollar Doster Duncan of Fannin Dunn Echols Fitzgerald Fleming Floyd Flynt Fordham Fowler of Douglas Fowler of Treutlen Funk Fuqua Greene Hale Hall of Lee Hall of Floyd Harrell Henderson Hill Hodges Horton Howard Hurst Jernigan Johnson Joiner Jones of Liberty Jones of Worth Jones of Lumpkin Jones of Sumter Jordan Keadle Kelly Keyton Kidd Killian King Kirkland Knight of Berrien Lane

Lanier Lee Lewis Loggins Lokey Lovett Lowrey Mackay Massee Matthews of Clarke Matthews of Colquitt McClelland McCracken McCutchen McDonald McGarity Melton Milhollin Miller Mixon Moate Moore Moorman Morgan Morris Moss Mullis Murphy NeSmith Newton Otwell Pannell Paris Parker of Screven Parker of Ware Parker of Appling Farmer Pelham Phillips of Columbia Phillips of Waltcn Phillips of Bibb Pickard Poole Potts

240

JOURNAL OP THE HOUSE,

Ray Roberts Rodgers of Charlton Rogers of Paulding Roper Rowland Rutland Sangster Scarborough Scoggin Shuman Simmons Simpson Sinclair Singer Smith of Grady Smith of Brantley Smith of Fulton

Smith of Habersham Smith of Whitfield Steis Stevens Story Strickland Summers Tabb Tamplin Taylor of Dawson Taylor of Decatur Teague Thornton Todd Tucker Twitty Underwood of
Montgomery

Underwood of Taylor Vaughn Waldrop Walker of Telfair Ware Watson Wells of Peach Wells of Oconee Wells of Camden White Wickham Wilkes Williams of Coffee Williams of Hall Willingham Wilson Woodward Young

Mr. Budd of Lowndes asked unanimous consent that the House reconsider its action in failing to pass the following Bill of the House:

HB 49. By Mr. Walker of Lowndes:
A Bill to be entitled an Act to amend an Act relating to the leasing of timber rights of estates, where there are minors who shall share in the final distribution; and for other purposes.

The consent was granted and the House reconsidered its action in failing to pass HB 49.

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

HB 146. By Messrs. Killian and Flexer of Glynn:
A Bill to be entitled an Act to provide for fees to clerks of the Superior Courts who receive and disburse alimony payments; and for other pur poses.
Referred to the Committee on Judiciary.

HB 147. By Messrs. Smith of Habersham, McDonald of White, Simmons of Banks, Andrews of Hall and Roberts of Jones:
A Bill to be entitled an Act to amend an Act known as the "Current Income Tax Payment Act of 1960," so as to provide withholding exemp tions for persons serving on active duty in any branch of the armed services; and for other purposes.
Referred to the Committee on Ways and Means.

HB 148. By Mr. Murphy of Haralson: A Bill to be entitled an Act to amend an Act creating a Board of Com-

THURSDAY, JANUARY 19, 1961

241

missioners of Roads and Revenues for Haralson County; and for other purposes. Referred to the Committee on Local Affairs.
HB 149. By Mr. Walker of Lowndes: A Bill to be entitled an Act to amend an Act relating to wills and the probate thereof; and for other purposes.
Referred to the Committee on Judiciary.

HB 150. By Mr. Walker of Lowndes:
A Bill to be entitled an Act providing additional procedures for taking the testimony of witnesses to wills; and for other purposes.
Referred to the Committee on Judiciary.

HB 151. By Mr. Walker of Lowndes:
A Bill to be entitled an Act to amend an Act relating to applications for letters of administration so as to require that in all such applications the full name and legal residence of the deceased, the date of his death, the names, ages, relationships and addresses of the surviving spouse and heirs at law of the deceased be listed; and for other purposes.
Referred to the Committee on Judiciary.

HR 57-151. By Mr. Paris of Barrow:
A Resolution authorizing and directing the State Librarian to furnish certain books to the County Commissioners of Barrow County for the use of the Judge of the Superior Court; and for other purposes.
Referred to the Committee on Local Affairs.

HR 58-151. By Mr. Murphy of Haralson:
A Resolution to compensate Mr. Roland Bowman (Board of Regents) ; and for other purposes.
Referred to the Committee on Appropriations.

HR 59-151. By Messrs. Morris and Branch of Tift:
A Resolution authorizing the Regents of the University System of Geor gia to convey certain lands to Tift County to be used as a site for a Geor gia State Patrol Station; and for other purposes.
Referred to the Committee on University of Georgia.

HR 60-151. By Messrs. Smith of Emanuel, Twitty of Mitchell, Hill of Meriwether, Caldwell of Upson, Underwood of Montgomery, Scoggin of Floyd and Ballard of Newton:
A Resolution proposing an amendment to the Constitution so as to en courage more rapid industrial development and enhance the continuing economic rate of growth of the State by exempting raw materials for use

242

JOURNAL OF THE HOUSE,

in manufacturing from ad valorem taxation and exempting inventories of manufactured articles from ad valorem taxation for one year after their manufacture; and for other purposes.
Referred to the Committee on Special Judiciary.

HR 61-151. By Mr. Brackin of Seminole:
A Resolution to authorize and direct the State Highway Department of Georgia to pay the cost of removing and readjusting certain utility facilities of the City of Donalsonville, made necessary by the improve ment of State Route 38 in Seminole County; and for other purposes.
Referred to the Committee on Highways.

HB 152. By Messrs. Kidd and Chandler of Baldwin:
A Bill to be entitled an Act to create a Department of Mental Health; and for other purposes.
Referred to the Committee on Hygiene and Sanitation.

HB 153. By Mr. Kidd of Baldwin:
A Bill to be entitled an Act to amend an Act known as the Georgia Prison Industries Act, so as to permit the State Board of Corrections to manufacture and sell certain items for resale to any Veterans' Organi zation; to provide for the use of the proceeds from such sales; and for other purposes.
Referred to the Committee on State Institutions and Property.

HB 154. By Messrs. McClelland and Brooks of Fulton:
A Bill to be entitled an Act to provide for appeals in civil cases without the necessity of moving for a new trial; and for other purposes.
Referred to the Committee on Judiciary.

HB 155. By Messrs. Matthews of Clarke, Crawford, Funk and Dickey of Chat ham:
A Bill to be entitled an Act to promote the safety, convenience and en joyment of public travel and the free flow of intrastate and interstate commerce; to protect the public investment of limited-access highways and in the National System of Interstate and Defense Highways in Georgia; to control the erection and maintenance of outdoor advertising signs, displays and devices within six hundred and sixty feet of the right-of-way of a limited-access highway or a portion of the National System of Interstate and Defense Highways in Georgia; and for other purposes.
Referred to the Committee on Highways.

HB 156. By Mr. Ballard of Newton:
A Bill to be entitled an Act to amend an Act relating to the apportion ment of the House of Representatives among the several counties, so as

THURSDAY, JANUARY 19, 1961

243

to reapportion the members of the House of Representatives; and for other purposes.
Referred to the Committee on State of Republic.

HB 157. By Messrs. Boggs of Madison, Matthews and Cox of Clarke:
A Bill to be entitled an Act to provide the Mayor and Council of the Town of Hull with authority to grant franchises and licenses in said Town; and for other purposes.
Referred to the Committee on Local Affairs.

HB 158. By Messrs. McClelland, Smith and Brooks of Pulton:
A Bill to be entitled an Act to amend an Act relating to members of the Police Department in cities having a population of 150,000 or more, pro viding pensions to widows and dependents; and for other purposes.
Referred to the Committee on Local Affairs.

HB 159. By Messrs. McClelland, Smith 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 provide for the payment of fees by the City of Atlanta to any member of the police force attending any session of the Municipal Court as a witness in behalf of said city or the State; and for other purposes.
Referred to the Committee on Local Affairs.

HB 160. By Messrs. McClelland, Brooks and Smith of Fulton:
A Bill to be entitled an Act to amend an Act to establish a new charter for the City of Atlanta, relating to improvements in the Department of Parks; and for other purposes.
Referred to the Committee on Local Affairs.

HB 161. By Messrs. McClelland, Smith and Brooks of Fulton:
A Bill to be entitled an Act to amend an Act to establish the Criminal Court of Atlanta, so as to increase the number of assistant solicitorsgeneral in the Criminal Court of Pulton County from three to four; and for other purposes.
Referred to the Committee on Local Affairs.

HB 162. By Messrs. Blalock of Clayton and Rutland of DeKalb:
A Bill to be entitled an Act to amend an Act relating to remittances to the State Revenue Commissioner, relating to property taxes; and for other purposes.
Referred to the Committee on Ways and Means.

HB 163. By Messrs. Blalock of Clayton and Rutland of DeKalb: A Bill to be entitled an Act to amend the Current Income Tax Payment

244

JOURNAL OP THE HOUSE,

Act of 1960, relating to employee refunds and credits; and for other purposes.
Referred to the Committee on Ways and Means.

HB 164. By Mr. Blalock of Clayton:
A Bill to be entitled an Act to provide for service by mail of notices of assessment of any tax or license fee; and for other purposes.
Referred to the Committee on Ways and Means.

HB 165. By Mr. Blalock of Clayton:
A Bill to be entitled an Act to provide that when any person makes an application, return, or other statement to the State Revenue Commis sioner under penalties of perjury, the definition and punishment pre scribed by law for perjury, with some modifications, shall apply; and for other purposes.
Referred to the Committee on Ways and Means.

HB 166. By Messrs. Blalock of Clayton and Rutland of DeKalb:
A Bill to be entitled an Act to make it a misdemeanor to impersonate an auditor, agent or other representative of the State Revenue Commis sioner or the Department of Revenue or any unit or division thereof; and for other purposes.
Referred to the Committee on Industry.

HB 167. By Messrs. Adams and Moore of Polk:
A Bill to be entitled an Act to provide for the extension of the corporate limits of the City of Rockmart; and for other purposes.
Referred to the Committee on Local Affairs.

HB 168. By Messrs. Twitty and Collins of Mitchell, Kirkland of Tattnall, Caldwell of Upson, Fowler of Douglas, Odom of Dougherty, Cox of Clarke and many others:
A Bill to be entitled an Act to amend an Act so as to determine member ship and conditions of membership in Division "A" of said Act for those eligible employees of the State Department of Corrections relating to Retirement; and for other purposes.
Referred to the Committee on State Institutions and Property.

HB 169. By Messrs. Twitty of Mitchell, Kirkland of Tattnall, Collins of Mitchell, Caldwell of Upson, Fowler of Douglas, Odom of Dougherty and many others:
A Bill to be entitled an Act which supercedes and consolidates laws relating to the State Board of Corrections and related facilities, so as to provide that the Director of the State Board of Corrections shall act for the Department for and in compliance to any retirement provisions

THURSDAY, JANUARY 19, 1961

245

for the employees and officials of said Department; and for other pur poses.
Referred to the Committee on State Institutions and Property.

HB 170. By Messrs. Jernigan of Clinch, Knight of Berrien, Moorman of Lanier, Wilkes of Cook and Henderson of Atkinson:
A Bill to be entitled an Act to amend an Act creating the office of Judge of the Superior Courts Emeritus, so as to modify the service qualifica tions for appointment to the office of Judge of the Superior Courts Emeritus; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 171. By Messrs. Willingham, Wilson and Teague of Cobb, Horton of Putnam, Barrett of Cherokee, Barber of Jackson and McCutchen of Gilmer:
A Bill to be entitled an Act to amend an Act effecting a complete revision of the laws of this State relating to the qualification and registration of voters, so as to provide that the provisions relating to cancellation of registration for not having voted within a two-year period shall be changed so as to apply to those persons who have not voted within a four-year period; and for other purposes.
Referred to the Committee on Special Judiciary.

HR 65-171. By Messrs. Ployd of Chattooga, Rogers of Paulding and Knight of Berrien:
A Resolution proposing an amendment to the Constitution so as to au thorize future Governors to succeed themselves in office; to define the words "one term of office"; and for other purposes.
Referred to the Committee on State of Republic.

HR 66-171. By Mr. Boggs of Madison:
A Resolution to compensate Pish Howard (Georgia Forestry Comm.) ; and for other purposes.
Referred to the Committee on Appropriations.

HR 67-171. By Mr. Kidd of Baldwin: A Resolution to compensate Walker McDade (Dept. of Correction) ; and for other purposes.
Referred to the Committee on Appropriations.
HR 68-171. By Messrs. Cox and Matthews of Clarke: A Resolution proposing an amendment to the Constitution so as to pro vide for the creation of the Athens-Clarke County Beverage Control Board; and for other purposes.
Mr. Cox of Clarke moved that this Resolution be engrossed.
On the motion to engross, the ayes were 150, the nays 0.

246

JOURNAL OF THE HOUSE,

The Speaker ordered that HR 68-171 be engrossed, and referred the same to the Committee on Local Affairs.

HB 172. By Messrs. Phillips, Taylor and Thornton of Bibb:
A Bill to be entitled an Act to amend an Act relating to the procedure to be followed by persons desiring to change their name or their chil dren's names, so as to provide for a new procedure; and for other pur poses.
Referred to the Committee on Judiciary.

HB 173. By Mr. Lewis of Burke:
A Bill to be entitled an Act to amend an Act relating to the distribution of the Acts of the General Assembly, so as to provide for the distribution by the State Librarian of said Acts to municipal attorneys and other officials of incorporated cities and towns of Georgia; and for other pur poses.
Referred to the Committee on Rules.

HB 174. By Messrs. Smith of Emanuel, Twitty of Mitchell, Fowler of Douglas, Underwood of Montgomery, Scoggin and Hall of Floyd, and Melton of Spalding:
A Bill to be entitled an Act to provide for suspension and reopening of public schools; to provide for the call of an election on said issue; to prescribe the procedure relating thereto; to provide that teachers' and other contracts shall not be affected by such suspension but that the compensation thereunder shall continue under specified terms; and for other purposes.
Referred to the Committee on Education.

HR 69-174. By Messrs. Smith of Emanuel, Twitty of Mitchell, Fowler of Douglas, Underwood of Montgomery, Scoggin of Floyd, Hall of Floyd, and Melton of Spalding:
A Resolution proposing an amendment to the Constitution so as to de clare that freedom of association at all levels of education shall be pre served inviolate, and to authorize the General Assembly to provide an adequate education for the citizens of Georgia; and for other purposes.
Referred to the Committee on Education.

HB 175. By Mr. Willingham of Cobb:
A Bill to be entitled an Act to provide for grants to counties, munici palities, or any combination of the same to assist in construction of those projects as qualify for Federal aid and assistance under the Fed eral Water Pollution Control Act; to provide that the State Board of Health shall administer this Act; and for other purposes.
Referred to the Committee on Special Judiciary.
By unanimous consent, the following Bills and Resolutions of the House were read the second time:

THURSDAY, JANUARY 19, 1961

247

HB 118. By Messrs. Matthews and Cox of Clarke:
A Bill to be entitled an Act authorizing the governing authority of Clarke County to issue and require building permits; and for other pur poses.

HB 119. By Messrs. Matthews and Cox of Clarke:
A Bill to be entitled an Act authorizing the governing authority of Clarke County to establish districts for the purpose of building and operating storm sewers and street lights and a system of garbage collection within said city; and for other purposes.

HB 120. By Messrs. Matthews and Cox of Clarke:
A Bill to be entitled an Act authorizing the governing authority of Clarke County to assess and collect license fees and occupational taxes against any person, firm or corporation who engages in any type of business in said county outside of municipalities; and for other purposes.

HB 121. By Messrs. Matthews and Cox of Clarke:
A Bill to be entitled an Act authorizing the governing authority of Clarke County to provide for the paving of streets in Clarke County and to authorize the cost of said paving to be assessed against the property on each side of such streets; and for other purposes.

HB 122. By Messrs. Matthews and Cox of Clarke:
A Bill to be entitled an Act to provide that the governing authority of Clarke County may establish water, sanitation, sewerage and fire pro tection districts in said county; and for other purposes.

HB 123. By Messrs. Matthews and Cox of Clarke:
A Bill to be entitled an Act authorizing the governing authority of Clarke County to enact ordinances for the policing and governing of said county for the purposes of preserving the health and safety of the citizens thereof; and for other purposes.

HB 124. By Mr. Stuckey of Dodge:
A Bill to be entitled an Act to amend an Act to incorporate the Town of Rhine, so as to enlarge the corporate limits; and for other purposes.

HB 125. By Messrs. Singer of Stewart, Jones of Worth and Rodgers of Charlton:
A Bill to be entitled an Act to provide for payments to students who are dismissed or expelled under certain circumstances from any college or school within the University System of Georgia; and for other purposes.

HB 126. By Messrs. Hall of Ployd, Matthews of Clarke and Jernigan of Clinch:
A Bill to be entitled an Act to amend an Act known as the Minimum Foundation Program for Education, so as to provide for the manner in which certain funds shall be expended; and for other purposes.

248

JOURNAL OF THE HOUSE,

HB 127. By Mr. Moss of Gordon:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Calhoun, so as to extend the present corporate limits; pro viding the proper city authorities to make assessments of property; and for other purposes.

HB 128. By Mr. Moss of Gordon:
A Bill to be entitled an Act to amend an Act abolishing the office of Tax Collector and the Office of Tax Receiver and creating the Office of Tax Commissioner of Gordon County; and for other purposes.

HB 129. By Mr. Moss of Gordon:
A Bill to be entitled an Act to amend an Act to change the compensation of the Sheriff of Gordon County from a fee basis to a salary basis; and for other purposes.

HB 130. By Mr. Moss of Gordon:
A Bill to be entitled an Act to amend an Act creating the office of Com missioner of Roads and Revenue in Gordon County; and for other pur poses.

HB 131. By Messrs. Lovett and Knight of Laurens:
A Bill to be entitled an Act to amend an Act creating a new city charter for the City of Dublin, so as to increase the ad valorem tax levy for the City of Dublin one mill for a period of four years; and for other pur poses.

HB 132. By Messrs. Lovett and Knight of Laurens:
A Bill to be entitled an Act to amend an Act placing the Clerk of the Superior Court of Laurens County and his deputies on a salary basis; and for other purposes.

HB 133. By Messrs. Caldwell of Upson, Branch of Tift, Harrell of Fayette, Keadle of Lamar, Singer of Stewart, Floyd of Chattooga, Phillips of Bibb and others:
A Bill to be entitled an Act to provide a method of selecting students to be admitted to the various branches of the University system of Georgia under the control of the Board of Regents; and for other purposes.

HB 134. By Mr. Barnett of Wilkes:
A Bill to be entitled an Act to amend an Act to establish a board of com missioners of roads and revenues of Wilkes County; and for other pur poses.

HB 135. By Mr. Davis of Wayne:
A Bill to be entitled an Act to amend an Act creating a new Charter for City of Jesup; so as to extend the corporate limits; and for other pur poses.

THURSDAY, JANUARY 19, 1961

249

HB 136. By Messrs. Williams and Andrews of Hall:
A Bill to be entitled an Act to amend an Act to provide for a county tax for roads in counties having a population of not less than 40,000 nor more than 43,000; and for other purposes.

HB 137. By Messrs. Smith of Emanuel, Twitty of Mitchell, Scoggin of Floyd, and Underwood of Montgomery:
A Bill to be entitled an Act to repeal an Act relating to visiting com mittees of the legislature; to repeal an Act relating to inspection of property, institutions and resources of the State; and for other purposes.

HB 138. By Messrs. Smith of Emanuel, Twitty of Mitchell, Scoggin of Ployd and Underwood of Montgomery:
A Bill to be entitled an Act to repeal an Act relating to the Committee of the General Assembly to visit institutions; and for other purposes.

HB 139. By Messrs. Smith of Emanuel, Twitty of Mitchell, Scoggin of Ployd and Underwood of Montgomery:
A Bill to be entitled an Act to amend an Act creating the Joint Commit tee on the Operations of the General Assembly and the Office of Leg islative Counsel, so as to change the name of the Joint Committee on the Operations of the General Assembly to Legislative Services Committee; and for other purposes.

HB 140. By Messrs. Scoggin of Floyd, Willingham of Cobb, Underwood of Mont gomery, Ray of Warren, Twitty of Mitchell, Boyette of Whitfield and others:
A Bill to be entitled an Act to amend an Act so as to provide a new schedule of deductions for "medical and dental care"; to amend and clarify the net operating loss carry-back and carry-over section; to allow certain deductions to persons, firms, or corporations engaged in devel oping oil and gas properties; and for other purposes.

HB 141. By Messrs. Willingham, Teague and Wilson of Cobb:
A Bill to be entitled an Act to amend an Act creating the Cobb Judicial Circuit, so as to change the terms of Court of the Superior Court of Cobb County; and for other purposes.

HB 142. By Mr. Steis of Harris:
A Bill to be entitled an Act to amend an Act known as the Georgia Securities Act, so as to provide for the changing and clarification of the requirements for exemption contained in Subsection (J) of Section 6; and for other purposes.

HR 55-142. By Mr. Williams of Hall:
A Resolution to compensate Hubert Kidd (State Forestry Commission) ; and for other purposes.

250

JOURNAL OP THE HOUSE,

HE 56-142. By Mr. Sangster of Dooly:
A Resolution to compensate Mr. Noah A. Powers (Georgia Forestry Comm.) ; and for other purposes.
HB 143. By Messrs. Morgan of Gwinnett, Underwood of Montgomery, Cox of Clarke and Odom of Dougherty:
A Bill to be entitled an Act to amend an Act relating to the State Board of Corrections and to prisons, public works camps and prisoners, so as to provide for the establishment of guard lines at the various peniten tiaries; and for other purposes.
HB 144. By Messrs. Morgan of Gwinnett, Underwood of Montgomery, Cox of Clarke and Odom of Dougherty:
A Bill to be entitled an Act to amend an Act relating to the State Board of Corrections and to prisons, public works camps and prisoners, so as to provide that the State Board of Corrections may provide by rules and regulations for the reinstatement of a part of the statutory and extragood time allowance forfeited by the offenses of escape, attempt to escape, mutiny, sodomy, etc.; and for other purposes.
HB 145. By Mr. Story of Gwinnett:
A Bill to be entitled an Act to amend an Act regulating the sale of Fireworks, so as to remove certain exceptions to the provisions of said Act; and for other purposes.
Mr. Barber of Jackson 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 67. Do Pass. HB 9. Do Pass, by Committee Sub.
Respectfully submitted, Barber of Jackson, Chairman.

Mr. Busbee of Dougherty 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:

HB 106. Do Pass.

SB 7. Do Pass.

Respectfully submitted,

Busbee of Dougherty, Chairman.

THURSDAY, JANUARY 19, 1961

251

Mr. Underwood of Montgomery 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 86. Do Pass. HB 89. Do Pass. HB 100. Do Pass. HB 101. Do Pass. HB 102. Do Pass. HB 103. Do Pass. HB 108. Do Pass. HB 111. Do Pass. HB 113. Do Pass. HB 117. Do Pass. HB 134. Do Pass. HB 88. Do Pass. HB 91. Do Pass. HB 107. Do Pass. HB 114. Do Pass. HB 115. Do Pass. HB 116. Do Pass.
Respectfully submitted,
Underwood of Montgomery, Chairman.

Mr. Twitty of Mitchell County, Vice-Chairman of the Committee on Rules, submitted the following report:
Mr. Speaker:
Your Committee on Rules has had under consideration the following Bill of the House and has instructed me, as Chairman, to report the same back to the House with the following recommendations:
HB 138. Do Pass.
Respectfully submitted,
Twitty of Mitchell, Vice-Chairman.

252

JOURNAL OP THE HOUSE,

Mr. Bolton of Spalding County, Chairman of the Committee on Special Judiciary, submitted the following report:
Mr. Speaker:
Your Committee on Special Judiciary has had under consideration the follow ing Bills and Resolution of the House and has instructed me, as Chairman, to report the same back to the House with the following recommendations:

HB 59. Do Pass, by Committee Substitute.

HB 66. Do Pass, by Committee Substitute.

HB 56. Do Pass.

HB 58. Do Pass.

HB 55. Do Pass.

HR 49. Do Pass, as Amended.

Respectfully submitted,
Bolton of Spalding, Chairman.

Mr. Cox of Clarke County, Chairman of the Committee on State Institutions and Property, submitted the following report:
Mr. Speaker:
Your Committee on State Institutions and Property has had under considera tion 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 recommenda tions :
HB 137. Do Pass.
HR 19-39. Do Pass.
Respectfully submitted,
Cox of Clarke, Chairman.

The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following Bills and Resolutions of the Senate and House to wit:
SB 12. By Senators White of the 39th, Miller of the 40th and others:
A Bill to provide that it shall be unlawful to manufacture, purchase, sell, deal in, transport, possess, receive, advertise, use or cause to be discharged any pyrotechnics, with certain exceptions; and for other pur poses.

THURSDAY, JANUARY 19, 1961

253

SB 13. By Senators Gardner of the 47th, Towson of the 16th and others:
A Bill to amend Code Section 13-2002 of the Code of Georgia of 1933, relating to the qualifications of directors of banks, as amended, so as to provide that 60 per cent of said directors must be citizens of the State of Georgia; to repeal conflicting laws; and for other purposes.

SB 14. By Senator McKenzie of the 13th:
A Bill to amend an Act providing a Charter for the City of Montezuma, approved July 27, 1929 (Georgia Laws 1929, pp. 119-1210), as amended so as to change the corporate limits of the said city by extending and defining the same; to strike Section 2 of the said Charter, as amended; to repeal conflicting laws; and for other purposes.

SB 18. By Senator Grayson of the 1st:
A Bill to amend an Act creating, establishing and organizing the City Court of Savannah and the several Acts amendatory thereof and supple mentary thereto; and for other purposes.

SR 10. By Senator Sanders of the 18th:
A Resolution proposing an amendment to the Constitution so as to pro vide that certain compensation of peace officers shall be deemed to be a subsistence allowance; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

SR 16. By Senator Jackson of the 24th:
A Resolution relating to excused absences from the public schools for those children acting as pages for the General Assembly during the school year; and for other purposes.

HB 12. By Messrs. Killian and Flexer of Glynn:
A Bill to amend an Act authorizing the governing authority of counties having a certain population to provide for Building Codes and other Codes, so as to change the population and census figures; and for other purposes.

HB 13. By Mr. Johnson of Jenkins:
A Bill to amend an Act providing for supplemental compensation to the Ordinary of Jenkins County, so as to change such supplement; to repeal conflicting laws; and for other purposes.
HB 14. By Mr. McGarity of Henry:
A Bill to amend an Act 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; to provide for refer endum; and for other purposes.
HB 16. By Mr. Keadle of Lamar:
A Bill to amend the Act creating the Board of Commissioners of Roads and Revenues for Lamar County by striking from Section 6 thereof the

254

JOURNAL OP THE HOUSE,

figure "$50.00", and inserting in lieu thereof the figure "$100.00"; to determine the effective date thereof; and for other purposes.

HB 20. By Mr. Parker of Appling:
A Bill to amend an Act establishing the City Court of Baxley, Appling County, so as to provide for the filling of a vacancy in the office of the Solicitor by appointment of the Governor for the unexpired term; to change the provisions relating to the number of Jurors to be used in the trial of cases; and for other purposes.

HB 33. By Messrs. Brooks, Smith and McClelland of Pulton:
A Bill to amend, consolidate, create, revise Acts incorporating the Town of Alpharetta; to create a new charter; to change the name from the Town of Alpharetta to the City of Alpharetta; to provide a municipal government; to define the territorial limits; to provide for a Mayor and Council and to define their powers and duties; and for other purposes.

HB 37. By Mr. Boggs of Madison:
A Bill to amend an Act establishing a new charter for the City of Comer, Madison County, Georgia, so as to change the hours of voting; 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 10. By Senator Sanders of the 18th:
A Resolution proposing an amendment to the Constitution so as to pro vide that certain compensation of peace officers shall be deemed to be a subsistence allowance; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
Referred to the Committee on Special Judiciary.

SB 12. By Senators White of the 39th, Miller of the 40th, Owens of the 32nd and others:
A Bill to be entitled an Act to provide that it shall be unlawful to manu facture, purchase, sell, deal in, transport, possess, receive, advertise, use or cause to be discharged any pyrotechnics, with certain exceptions; and for other purposes.
Referred to the Committee on Industry.

SB 13. By Senators Gardner of the 47th, Towson of the 16th, Brown of the 52nd, and McKenzie of the 13th:
A Bill to be entitled an Act to amend Code Section 13-2002 of the Code of Georgia of 1933, relating to the qualifications of directors of banks, as amended, so as to provide that 60 per cent of said directors must be citizens of the State of Georgia; and for other purposes.
Referred to the Committee on Banks and Banking.

THURSDAY, JANUARY 19, 1961

255

SB 14. By Senator McKenzie of the 13th:
A Bill to be entitled an Act to amend an Act providing a Charter for the City of Montezuma so as to change the corporate limits of said city by extending and defining the same; to strike Sec. 2 of said Charter, as amended; and for other purposes.
Referred to the Committee on Local Affairs.

SB 18. By Senator Grayson of the 1st:
A Bill to be entitled an Act to amend an Act creating, establishing and organizing the City Court of Savannah and the several acts amendatory thereof and supplementary thereto; and for other purposes.
Referred to the Committee on Local Affairs.

SR 16. By Senator Jackson of the 24th:
A Resolution relating to excused absences from the public schools for those children acting as pages for the General Assembly during the school year; and for other purposes.
Referred to the Committee on Education.

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

HB 86. By Mr. Stevens of Marion: A Bill to be entitled an Act to amend an Act entitled "An Act to create a new charter for the town of Buena Vista, Georgia, to establish a municipal government for said city, to change the time for electing a mayor and five councilmen for said city; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 116, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 88. By Messrs. Crawford of Chatham, Dickey of Chatham and Punk of Chatham:
A Bill to be entitled an Act to amend an Act providing for the use of voting machines in certain counties of this State, so as to provide that the name of any unopposed candidate in a political party primary may be omitted from the ballot used in the voting machine, and such un opposed candidate shall be declared to have received the total number of votes cast in such voting machines; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 116, nays 0.

256

JOURNAL OF THE HOUSE,

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

HB 89. By Mr. Wells of Camden:
A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Roads and Revenue for Camden County, Georgia, so as to redistrict the county into four Commissioner Districts; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 116, nays 0.

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

HB 91. By Messrs. Payton and Potts of Coweta, Farmer of Heard, and others:
A Bill to be entitled an Act to provide for a supplement to the compen sation of the Solicitor General of the Superior Courts 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 116, nays 0.

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

HB 100. By Messrs. Payton and Potts of Coweta:
A Bill to be entitled an Act to amend an Act which changed the com pensation of the sheriff, the ordinary, and the clerk of the superior court of Coweta County from the fee system to the salary system, so as to change the compensation of the ordinary of said county; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 116, nays 0.

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

HB 101. By Mr. Baughman of Early:
A Bill to amend an Act entitled "An Act to create and incorporate the City of Blakely in lieu of the Town of Blakely"; and for other purposes.

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

On the passage of the Bill, the ayes were 116, nays 0.

THURSDAY, JANUARY 19, 1961

257

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

HB 102. By Mr. Baughman of Early:
A Bill to amend an Act entitled "An Act to create and incorporate the City of Blakely in lieu of the Town of Blakely"; and for other purposes.

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

On the passage of the Bill, the ayes were 116, nays 0.

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

HB 103. By Mr. Baughman of Early:
A Bill to amend an Act entitled "An Act to create and incorporate the City of Blakely in lieu of the Town of Blakely"; and for other purposes.

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

On the passage of the Bill, the ayes were 116, nays 0.

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

HB 107. By Messrs. Birdsong of Troup and Ware of Troup:
A Bill to be entitled an Act to amend an Act creating a new Charter for the City of LaGrange, as amended, particularly so as to increase the corporate limits of said City; and for other purposes.

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

On the passage of the Bill, the ayes were 116, nays 0.

The Bill, having received the requisite constitutional majority, was passed,

HB 108. By Mr. Duncan of Fannin:
A Bill to be entitled an Act to provide a supplemental salary for the Ordinary 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 116, nays 0.

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

258

JOURNAL OF THE HOUSE,

HB 111. By Mr. Jernigan of Clinch:
A Bill to be entitled an Act to amend an Act creating the Board of Com missioners of Roads and Revenues for Clinch County, so as to change the compensation of the Chairman of the Board; and for other purposes.

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

On the passage of the Bill, the ayes were 116, nays 0.

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

HB 113. By Mr. Crowe of Bartow:
A Bill to be entitled an Act to amend an Act relating to the incorpora tion of the City of Emerson, in Bartow County, so as to provide for a change in the terms for the offices of Mayor and Aldermen of the City of Emerson; and for other purposes.

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

On the passage of the Bill, the ayes were 116, nays 0.

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

HB 114. By Messrs. Crawford, Dickey, and Funk of Chatham: A Bill to be entitled an Act to repeal an Act of the 1957 Georgia Laws page 2337 and to prescribe and establish compensation and/or salary for the Coroner of Chatham County, Georgia; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 116, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 115. By Messrs. Crawford, Dickey, and Funk of Chatham: A Bill to be entitled an Act to amend an Act establishing a metropolitan planning district for Chatham County, so as to provide that the mem bers of said commission shall not succeed themselves in office; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 116, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

THURSDAY, JANUARY 19, 19G1

259

HB 116. By Messrs. Crawford, Dickey, and Funk of Chatham:
A Bill to be entitled an Act to amend an Act creating the Savannah Dis trict Authority (formerly The Savannah Port Authority for the harbor and port of Savannah), so as to provide that the members of said au thority shall not succeed themselves in office; and for other purposes.

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

On the passage of the Bill, the ayes were 116, nays 0.

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

HB 117. By Messrs. Killian and Flexer of Glynn: A Bill to be entitled an Act to repeal an Act approved February 25, 1949 (Ga. Laws 1949, p. 1460) ; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 116, nays 0.

The Bill, having received the requisite constitutional majority, was passed.
The following Resolution of the House was read and adopted:
HR 70. By Messrs. Twitty of Mitchell and Smith of Emanuel:
A RESOLUTION
Relative to the Civil War Centennial; and for other purposes.
WHEREAS, on January 16, 1861, in accordance with a proclama tion issued by his Excellency Joseph E. Brown, Governor of Georgia, delegates from the several counties of the State, duly elected by the people thereof, assembled in Convention in the Capitol at Milledgeville; and
WHEREAS, one hundred years ago on January 19, 1861, the said Convention of the people of Georgia did meet and adopt the Ordi nance of Secession, and on the 21st day of January, 1861, said Ordi nance was signed by the required number of delegates;
WHEREAS, the War Between the States, which followed required great sacrifices from every Georgian and caused untold hardships, loss of life, wealth, and natural resources; and
WHEREAS, it is fitting and proper that the One Hundredth Anni versary of this momentous event be commemorated so as to perpetuate a knowledge and memory of the deeds and traditions of a valiant people; and
WHEREAS, the State of Georgia has established the Georgia Civil War Centennial Commission to mark this Anniversary during the years 1961-1965, and has called upon the local communities to partici pate in a proper observance thereof; and

260

JOURNAL OP THE HOUSE,

WHEREAS, the purposes of the Georgia Civil War Centennial Commission are;
1. To honor the valor and sacrifice of Georgians who fought and died for principles they believed eternal, and for the sons of other confederate states who also made the supreme sacrifice.
2. To perpetuate a knowledge of the deeds and traditions of a valiant people.
3. To educate the public concerning the campaigns, shrines, the personalities and the human story of the conflict in Georgia, in the faith that the knowledge of the truth will finally lead to understanding and not resentment.
4. To preserve the monuments, the graves, the relics, and the ruins of the wartime past to remind this and future generations of their link with history.
5. To locate and preserve valuable documents, diaries, manuscripts, photographs, newspapers, and other records contributing to the true history of the war and to encourage the persons who own such momentos to take or send them to the state archives or some local agency for filming.
NOW THEREFORE BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that every citizen and every local com munity in the State of Georgia is hereby urged and requested to com memorate the valor and courage, both on the battlefield and at home, of our forebears, and honor their heroic memory in true reverence and respect during the Centennial years 1961-1965, and that this date Janu ary 19, 1961, marks the official state wide observance of the Civil War Centennial to commemorate the War Between the States.

The following report from the Special Committee appointed by the Speaker of the House of Representatives of the General Assembly of Georgia, to investi gate and ascertain the incidents which were precipitated by the entrance of two Negroes to the University of Georgia, Athens, Georgia, was read:

TO:
Honorable Geo. L. Smith II, Speaker, House of Representatives of the General Assembly of the State of Georgia
The Members of the House of Representatives of the General Assem bly of the State of Georgia

REPORT OF
The Special Committee appointed on the 12th day of January, 1961, by the Speaker of the House of Representatives of the General Assem bly of the State of Georgia to find and ascertain facts concerning the certain happenings and episodes surrounding the admission of two Negro students to the University of Georgia.

THE COMMITTEE:
Representative George B. Brooks, Oglethorpe County, Chairman Representative Hiram K. Undercofler, Sumter County, Secretary

THURSDAY, JANUARY 19, 1961

261

Representative Roy R. Kelly, Jasper County, Member Representative Leonard N. Lokey, McDuffie County, Member Representative Ben B. Ross, Lincoln County, Member
The Special Committee appointed to find facts concerning the episodes surrounding the admission of two Negro students to the Uni versity of Georgia reports as follows:

A. INTERVIEWS

Forty persons were interviewed from Friday, January 13, 1961 to Monday, January 16, 1961. These persons are as follows:

1. University officials .......__.._.......________-___.,,.....,,.__.......,,___._._,,..---- ... 6

(including the University President, Dean of Students, Dean of Men, Dean of Women)

2. Student leaders ......_._.__..._._.__..._.-._...........____.__.__.__._._........-___..__-.13

3. Students

,,_.,,..-...,,_..,,- 11

4. Local citizens ................._.._._..._.._._._._.____,,.._.......____..__..._..... . .-.....--_ 6

5. Local officials ............_...._...___..__._..._.._.__...........____._._....................._ 4

Total _..._. .............._......___..._._._..__.___..............._..__.._........

.40

B. HOUSING
1. Hamilton Holmes was housed in town without any known diffi culties. He did not request dormitory facilities.
2. Men in his category are permitted to live off campus under the University regulations.
3. Charlayne Hunter was housed in Center Myers Dormitory.
4. Women in her category (under 23 years of age) are required to live on campus, in Sorority houses or in town with their parents.
5. Charlayne Hunter requested dormitory accommodations.
6. The University President stated he discussed with the Chancel lor of the University System, the Attorney General and other attor neys, whether under Judge Bootle's order, dormitory space would have to be furnished if requested by Charlayne Hunter.
The University President stated he was advised that he would have to furnish Charlayne Hunter dormitory space.
Upon returning to Atlanta, this Committee interviewed the Chan cellor and the Attorney General and obtained a statement of the dis cussion and what transpired from Mr. B. D. Murphy.
The Chancellor stated he heard the discussion but rendered no opinion.
Mr. B. D. Murphy, Special Assistant Attorney General, gave the interpretation that under Judge Bootle's order, and under the Univer sity regulations, dormitory space would have to be furnished if re quested by Charlayne Hunter.
The Attorney General stated he heard the discussion and rendered no opinion at that time but heard Mr. Murphy state to the President

262

JOURNAL OP THE HOUSE,

of the University that if Charlayne Hunter insisted upon dormitory space, under existing rules of the University, it would have to be fur nished or he would be in contempt of court.
The Attorney General stated to this Committee on Wednesday, January 19, 1961 that he concurred in Mr. Murphy's interpretation of Judge Bootle's order. The Attorney General further stated that at a hearing held subsequent to the issuance of the original order, the attorney for the negro students requested the Court to amend its origi nal order to specifically direct that the negro students be housed on the campus in dormitories. The Attorney General stated that Judge Bootle would not so amend the court's original order since this was already covered in his original order.
The Attorney General states that his interpretation of Judge Bootle's statement is that under the original order, Charlayne Hunter must be furnished dormitory accommodation upon her request for such.
The discussion between the University President, the Chancellor, the Attorney General and Mr. B. D. Murphy, took place in Atlanta on Sunday, January 8, 1961, preceding the admission of the two negro students to the University.
The statements of the Chancellor, the Attorney General and Mr. B. D. Murphy are hereto attached, verbatim, marked Exhibit 1, Exhibit 2 and Exhibit 3.
7. There was no dormitory space available at the University, there being an overage of 38 women students.
The President of the University stated that when he was con fronted with the problem of finding dormitory space for Charlayne Hunter, he had only three alternatives:
a. A single room in Soule Hall in which it would be necessary for her to share a bathroom with other girls.
b. Place her in a study hall being used by other girls as a bedroom and have her share a bathroom.
c. Place her in Center Myers Dormitory in the accommodation in which she was placed.
8. One room in Center Myers Dormitory was occupied by two of ficers of the women's Student Government Organization by virtue of their office. These students vacated the room voluntarily and actually preferred to return to their sorority houses.
9. The room was a single room on the first floor. It contained a separate bath and kitchenette. No other students lived on this floor in Center Myers Dormitory.
10. When the room was occupied by the student officers, it con tained a private telephone. This was disconnected when the room was occupied by Charlayne Hunter.
11. University officials offered to waive the regulations requiring women students to live on campus, however, Charlayne Hunter insisted upon dormitory accommodations.

THURSDAY, JANUARY 19, 1961

263

C. CLASSES
1. University officials escorted the two negro students to classes.
2. It was stated by University officials that this was done at the out set to orient the students, although this is not done normally.
3. The University officials stated immediately thereafter it was found that this was necessary to keep the news men and photographers away from these students, and keep order on the campus.
4. The Committee itself on Monday, January 16, 1961, observed as many as 30 news men and photographers following the negro stu dents about the campus.

D. DEMONSTRATIONS
1. On Monday, January 9, 1961 there was a small gathering of 50-100 persons at the University Arch about 8 p.m. This meeting was orderly and disbanded of its own accord.
2. On Tuesday, January 10, 1961, a group estimated between 500-1000 persons gathered in front of Myers Dormitory at about 9 p.m. It was boisterous and a. number of firecrackers were set off.
3. On this occasion, two students were taken into custody, held overnight and were released to University officials without being charged. Seven student identification cards were picked up by Uni versity officials.
4. On Wednesday, January 11, 1961, a group estimated between 1000-1500 persons gathered in front of Myers Dormitory about 10 p.m. immediately following a basketball game between Georgia and Georgia Tech.
5. No one was armed but the crowd was boisterous and began throwing rocks.
6. The police were called and the crowd was disbursed with tear gas and fire hoses.
7. Twenty-five to thirty tear gas bomb were used.
8. As a result of rock throwing, approximately 20 small panes of windows were broken in Myers Dormitory, 2 back glasses and 1 side glass were broken out in police cars. There was no other property damage.
9. The following injuries were reported.
(A) Local officer fractured knee cap when pushed off a wall.
(B) Local officer struck on chin with rock. Injuries were super ficial.
(C) One officer--concussion. No loss of time.
(D) One officer burned hand on tear gas bomb.
(E) One officer bruised leg.
(F) Girl student struck on head with a rock thrown through an upper floor window. Injury superficial.

264

JOURNAL OF THE HOUSE,

(G) One University dfficial bruised trying to break up demon stration.
(H) Several other persons bruised but not seriously.
10. Eight students were arrested. All posted bonds and forfeited the bonds.
11. Seventeen student identification cards were picked up.
12. Four students had been suspended from the University as of January 16, 1961, at 3 p.m. for their participation in the demonstrations. University officials accuse these students of being predominate in the demonstration and attempting to incite the crowd to riot.
13. Two students have withdrawn from the University with dis ciplinary action pending. It is reported that these students will not attend the University with negro students.
14. Approximately 9 persons, not students, were arrested and when taken ilnto custody some were found to have pistols in their auto mobiles when searched at the police station. Six pistols were found.
15. No students were reported to be armed with any type fire arms, club, sticks or other weapons at any time. Students did throw rocks.
16. Evidence shows the majority of rocks were aimed at Myers Dormitory and not at persons.
17. One altercation occurred between a student and a University official. Blows were exchanged without any serious injury. Witnesses gave contradictory statements as to the actual occurrence and what actually transpired cannot be determined by the Committee.

E. STUDENTS
1. Local law enforcement agencies have requested University offi cials to use their authority to restrain students from congregating in large bodies. They also requested University officials to impose a cur few on students.
2. University officials have refused to impose a curfew but have issued instructions dated January 14, 1961, a copy of which is attached to this report marked Exhibit 4.
3. Under the instructions, students are not permitted to congre gate, but regular meetings of organized groups such as fraternities, clubs, societies, etc., are not restricted, so long as they are orderly and no inflammatory statements are made.
4. When Charlayne Hunter first entered Center Myers Dormi tory, the students living there had no notice until she actually moved in and the students had no opportunity to request other dormitory accom modations.
However, after Charlayne Hunter's suspension and before her re entry to the University under subsequent court order, the students residing in Center Myers Dormitory were given an opportunity to move to other quarters. The quarters offered consisted of two recreation rooms in Mary Lyndon and Rutherford Dormitories.

THURSDAY, JANUARY 19, 1961

265

As of January 16, 1961, University officials reported that two stu dents stated they may move and that all others stated they will remain.
5. Many students feel they are being unduly restrained in exer cising their right of freedom of assembly and freedom of speech.
When this Committee met with the President of the University on Friday, January 13, 1961, it was informed that students would be allowed to assemble, demonstrate and voice their displeasure with re gard to the integration of the University so long as persons and prop erty were not injured and there was no violence.
The Committee on Saturday, January 14, 1961, interviewed students and received no information concerning any change of the University's policy with regard to student demonstrations.
Members of the Committee learned late Saturday afternoon after the Committee had concluded its interrogation of students for the day, that this announced policy of the University had been changed.
On Monday, January 16, 1961, the Committee again interviewed the President of the University concerning any change in policy with respect to the rights of students, student assemblies and expressions of opinions by them.
Upon the inquiry, the President of the University informed the Committee that the University policy had been changed and that under the new policy no student demonstrations, either peaceful or otherwise, for the purpose of expressing dissent to the integration of the Uni versity would be permitted, nor would any group be allowed to assemble except recognized associations, such as fraternities, sororities, societies, clubs, etc., under penalty of expulsion or suspension. This change in policy occurred between Friday, January 13, 1961, and Monday, Janu ary 16, 1961, although this Committee was not able to determine any change of conditions during this period.
Fraternities and sororities are being advised that they will jeop ardize their charters if members attend and take part in demonstra tions and riots. Reports from students indicate that a number of pro fessors and instructors are bringing pressure on students not to demon strate or take any active part in displaying their dissatisfaction with the integration of the University.
This Committee was requested to obtain a copy of a resolution signed by members of the teaching staff of the University insisting that the two suspended negro students be returned to their classes.
A copy of said resolution is hereto attached marked Exhibit 5, and the names of the persons signing said resolution has been delivered to the Speaker of the House of Representatives.
A great majority of students complain that the presence of so many newsmen, newsreel men, and photographers on the University campus, following Charlayne Hunter from class to class and from place to place, has added greatly to the state of confusion existing on the campus and has done more to attract large crowds than the presence of Charlayne Hunter, herself.
This Committee has also received complaints from students to the effect that many students have been requested and encouraged by

266

JOURNAL OF THE HOUSE,

photographers to pose in an attitude indicating violence purely for the sake of giving the photographers a sensational picture.
For example, one report reveals that a girl student was requested to pose with a raised stick to indicate a violent attitude. The request was refused by the student. University officials have contacted the press association concerning the conduct of newsmen on the campus and have been promised better control of their representatives.
All persons interviewed, including officials and students, agreed that the students were being deprived of their right to organize or as semble for the purpose of voicing their displeasure over the integration of the University, although other persons not members of the student body, including news personnel, are free to voice their opinions in any manner they see fit so long as it is not unlawful. Some students, al though agreeing in principle in the right of free assembly and speech, think certain restraints are necessary under the existing circumstances.
Within the time available, this Committee could not investigate and resolve issues involving individual incidents complained of by stu dents.
This Committee was created for the purpose of ascertaining and reporting facts. This it has attempted to do justly and impartially. The report is herewith submitted to the House for such action as the House deems appropriate.
The Committee has taken twenty-five hours of tape recordings of interviews. This testimony is being transcribed and will be available for review by members of the House as soon as possible. The Commit tee will appreciate the House's indulgence since there is approximately five hundred pages of testimony and it will take a few days to complete the typing.
Statements and Responses of Honorable Robert O. Arnold, Chair man of the Board of Regents, to questions propounded by members of the Committee are hereto attached, marked Exhibit 6.
This Committee observed during its investigation that students at the University were under severe emotional strain, were upset by the admission of the two negro students, and had been kept in a state of confusion by the many contradictory court orders being issued. Con sequently, this Committee feels that the students who have been cen sored and disciplined by suspension or other administrative action should be treated with leniency and conpunction. Also, since the mem bers of this Committee were absent when the House unanimously adopted a resolution urging the reinstatement of these students, it is now the desire of this Committee to join with its colleague of the House and strongly urge the University officials to compassion and under standing of such students action and to reinstate them in the University of Georgia immediately.
Respectfully submitted,
George B. Brooks, Chairman Representative, Oglethorpe County Crawford, Georgia

THURSDAY, JANUARY 19, 1961

267

Hiram K. Undercofler, Secretary Representative, Sumter County Americus, Georgia
Roy R. Kelly, Memebr Representative, Jasper County Monticello, Georgia
Leonard N. Lokey, Member Representative, McDuffie County Thomson, Georgia
Ben B. Ross, Member Representative, Lincoln County Lincolnton, Georgia

The within report and exhibits filed with me this the 19th day of January, 1961.
Glenn W. Ellard, Clerk House of Representatives of the State of Georgia

Statements and responses of Dr. Harmon W. Caldwell, Chancellor of the Board of Regents, to questions propounded by members of the Special Committee appointed to find facts concerning the episodes sur rounding the admission of two negro students to the University of Georgia.
January 18, 1961
Brooks: Chancellor Caldwell, in a conversation we had with Dr. Aderhold at the University Dr. Aderhold stated to us that in regard to the question of housing Charlayne Hunter that he had entered into conversation and conference with you, the Attorney General, Eugene Cook, with regard to what steps would have to be taken if she should ask for or demand dormitory space at the University.
Caldwell: I talked with President Aderhold; I do not recall that I talked to him about this matter in the presence of Mr. Cook.
Brooks: In talking with Dr. Aderhold, did you come to any conclu sions as to whether it would be necessary for the University to provide her dormitory space in order for the University to comply with the decision of Judge Bootle?
Caldwell: There was a meeting here on Sunday before last--Janu ary 8--called by the Governor. I believe thirteen of the Regents were here at that meeting. Mr. Aderhold, both before the Governor's meeting and after the Governor's meeting, talked with several of the Regents and with me about this matter. He said that it had been his hope that he could house this Negro student off the campus. He said further, however, that he had been advised by attorneys that the girl, if she were entitled to admission to the University, was also entitled to a room in the dormitory. He said that such advice had been given to him by Mr. Buck Murphy. Two of the Regents called Mr. Murphy that after noon and Mr. Murphy said that Mr. Aderhold had misinterpreted what he said; that he had not given Mr. Aderhold that advice. President

268

JOURNAL OF THE HOUSE,

Aderhold then said, if I remember correctly, that perhaps he had re ceived the advice from Mr. Cook or some other attorney.
Brooks: That meeting was on Sunday preceding her admission on Monday?
Caldwell: That is correct.
Brooks: Was it a formal meeting of the Board of Regents or was it merely some members of the Board?
Caldwell: It was an informal meeting with only six or seven Board members present.
Brooks: Would you consider that to be action by the Board of Regents?
Caldwell: No formal action was taken. There was merely an in formal discussion with certain Board members present.
Brooks: Approximately how many members?
Caldwell: Six or seven Regents.
Brooks: What is the total membership of the Board?
Caldwell: Fifteen.
Brooks: Then about one-half of the Board members were present?
Caldwell: Approximately one-half.
Brooks: Do you recall whether the entire membership had been called to the meeting?
Caldwell: The entire membership of the Board was invited to the Governor's meeting. No invitations were extended to Regents to meet with President Aderhold. The meetings with him were incidental to the main meeting and were purely informal gatherings of Regents who wanted to talk with him.
I talked again later to Mr. Aderhold and I think these conversa tions were on the telephone. We expressed the hope that the Hunter girl could be housed off the campus.
Brooks: That was Monday?
Caldwell: That is my recollection. President Aderhold said they had discussed the matter at the University and that they had come to the conclusion that they were obligated by law or court order to send the girl to the dormitory. He said that Dean Stallings and Dean Williams had studied the situation carefully; that they had asked girls in single rooms in certain dormitories to move out, but they had refused. The University officials did not want to put the Negro student in a room with a white student or into recreation halls with a group of students. They decided that the best course of action that they could follow was to ask two sorority girls who lived in the dormitory to go back to their sorority house and to give their room to the Negro girl. The reason for making this decision was the fact that this room had a bath and this would make it unnecessary for the Negro girl to go to a bathroom used by white students. The room also had a kitchenette and the officials hoped that the girl would cook her meals and not use the

THURSDAY, JANUARY 19, 1961

269

dining hall to which white students go. The University officials, after considering many phases of the problem, felt that that was the best thing to do.
After the trouble in Athens on Wednesday night I talked with Mr. Aderhold again on Thursday or Friday. On one of these days, I asked again if it would not be better if a room could be found for the girl off the campus. Dr. Aderhold said Judge Bootle said the girl was en titled to the dormitory room to which she was originally assigned. President Aderhold felt that the University was obligated to follow Judge Bootle's directions.
Incidentally, I was in Athens on Sunday.
Brooks: I was going to come to that.
Caldwell: We talked to Mr. Aderhold again at length about the situation. He hold us he thought keeping this girl in Myers Dormitory was the best policy because the University could afford better protec tion to the girl in that dormitory than it could in any other dormitory. Mr. Aderhold also said that the room occupied by this Negro girl was on the ground floor. The only other persons living on that floor were the house director and counselor and contacts between the white girls and Negro girl would be reduced to a minimum. President Aderhold said that this was another strong reason for placing the Negro girl in this particular room.
Brooks: Dr. Aderhold stated that he had these conversations with you and with Mr. Cook. I assume from what he has stated that it was a joint conversation in which you, Mr. Cook, and Mr. Aderhold were present, but I could be mistaken. It is possible that he meant that he had a conversation with you and then with Mr. Cook. Dr. Aderhold's statement is to the effect that you all agreed that, under the order of Judge Bootle, this Negro girl was entitled to dormitory space in order that there might be a compliance with the court's order. Would you agree with him?
Caldwell: I did not know what Judge Bootle had said. I assumed, however, that President Aderhold had correctly interpreted the court's order.
Brooks: Have you read the decree of Judge Bootle since that time?
Caldwell: I read the first decree.
Brooks: Under the first decree, as Chancellor of the University System and your experience in law, do you think that the University was obligated to furnish the girl with dormitory space?
Caldwell: I do not recall that the decree of the court made any mention of dormitory space. I think some of the lawyers felt, however, that the University was obligated to provide dormitory space for the girl. There is a requirement at the University that all girls under 23 years of age must live in the dormitories. The requirements was appli cable to the Hunter girl because she is under 23. Someone said here on Sunday afternoon, I think it was one of the lawyers, that, if the Uni versity did not change that regulation, it would be forced to admit this girl to a dormitory or else there would be a discrimination against the Negro girl.

270

JOURNAL OP THE HOUSE,

Brooks: Do you recall what attorney?
Caldwell: I do not; there were Mr. Cook, Mr. Murphy, Mr. Therrell, and Mr. Leverett. It is my recollection that someone made that state ment, but I do not recall by whom it was made.
Brooks: Would you make a statement one way or another after you read the decree?
Caldwell: I saw nothing in the decree saying explicitly that she must be admitted to the dormitory.
Undercofler: Would you consider changing the regulations at the University regarding the housing of students under 23 years of age?
Caldwell: Regulations regarding the housing of students are made by institutional officials. They are subject to review by the Board of Regents.
Undercofler: Do you concur with Dr. Aderhold in placing Charlayne Hunter in Center Myers Dormitory?
Caldwell: I did not want it done. I told Dr. Aderhold I did not want it done. Dr. Aderhold said he had no other course open to him. I think that was the general feeling of the Regents who were here and who discussed the matter with President Aderhold.
Brooks: I have so little knowledge of the administrative set-up of the University System. Under the administrative set-up of the entire University System would the Board of Regents have authority to formu late a policy to govern decisions made in regard to this question?
Caldwell: Yes.
Brooks: Do you concur in my thought that this is one of the most important questions which has arisen in the history of the University?
Caldwell: I agree with you.
Brooks: Did the Regents formulate any policy themselves or advise Dr. Aderhold what he should do when this fell on him like a bolt of lightning?
Caldwell: Let me say I think Mr. Aderhold has talked directly to practically every regent in person or on the telephone. He has called this office many times about various problems with which he has been faced. He has called the Chairman of the Board frequently. The only meeting that the Board as a whole has had with Mr. Aderhold was on Wednesday of last week--the regular meeting date. I talked with Mr. Aderhold the night before the meeting and I advised him that he ought to come over and talk over his problems with the Board. He was here very early the next morning. He spent about two hours in executive session with the full Board of Regents and the various Regents of fered suggestions and advice. They did not adopt any formal resolution directing President Aderhold to follow any specific course of action.
Brooks: Was any advice given to him by the Board of Regents or was any request made by him for advice about granting dormitory space?
Caldwell: We discussed it on Sunday afternoon before the girl came and again on the day that she came to the University.

THURSDAY, JANUARY 19, 1961

271

Brooks: Was there any discussion of what should be done if the girl refused to be housed off the campus?
Caldwell: Although President Aderhold would have liked to have the girl housed off the campus, he felt, in view of the legal advice that he had received, that he could not force her to accept off-campus accommodations.
Undercofler: Did you or the Board of Regents make any decision with respect to this whole matter or did you just advise with Dr. Ader hold?
Caldwell: Neither the Board nor I issued any formal instructions. I talked with Mr. Aderhold repeatedly about the situation, and so have most members of the Board of Regents.
Undercofler: Did you issue any instructions?
Caldwell: All final decisions on matters of policy have been made at the University level.
Undercofler: One other question. At the present time it is the decision or rather the policy of the Board of Regents that each element of the University System will make its own decisions if and when it is confronted with the segregation question.
Caldwell: If the Board should make any regulations regarding the admission of Negro students, it would run the risk of becoming involved with the federal courts. If institution receives an application from a Negro student, the officials of the institution understand that the mat ter is to be brought to the attention of the Regents' office.
Brooks: Dr. Caldwell, was there a change in the policy of the Uni versity as to actions which would be permitted or not permitted by the students between the last Friday morning and Monday morning?
Caldwell: The only regulation was in a statement that was pre pared by Dr. Aderhold and read to certain Regents on Sunday, January 15. The regulation prohibited the assembly of students in large crowds in front of dormitories or classroom buildings. The officials of the University feared that large gatherings of students on the campus of the University might lead to disorders.
Brooks: Exactly what is in that new set of rules?
Caldwell: I do not have a copy of the regulations issued on Sunday. Except for the prohibition against large assemblies of students, I think the new regulations are substantially a re-statement of the old rules.
Brooks: The members of the Legislature have become very much perturbed as to the restrictions applied to the students. The students don't know what they can do and what they can't do; they have been deprived of the rights of free assembly.
Caldwell: I heard members of the General Assembly make similar statements last week. I went out to the Governor's house Monday night, January 9. There were several people at the Governor's house who expressed the opinion that the University was depriving students of the privilege to speak freely and to assemble peacefully. Some of us called President Aderhold that night and told him of the criticisms that we had heard.

272

JOURNAL OF THE HOUSE,

Brooks: Was it after the riot?
Caldwell: These particular calls to President Aderhold were made prior to the riots on January 11.
Brooks: My understanding from talking with the students is that there was some attempt to keep them from too noisy assemblies at that time but the clamps did not go on until this Monday. It seems that policies were changed between the time we interviewed Aderhold on Friday and the following Monday. We called Aderhold on Monday morn ing and asked if a new policy had not been put into effect and if students were not allowed to meet and give free expression to their opinions.
Caldwell: So far as I know, there was no talk on Sunday about prohibitions against the free expression of opinions; the prohibition was against assemblies of students under circumstances that might lead to disorder.
Brooks: At the present time rules are in effect that would prevent the students from the same type of assembly that private citizens could participate in.
Caldwell: Mr. Aderhold read his new regulations to some of the Regents on Sunday, January 15. The recents present had no part in the formulation of this statement. The only statement formulated by the Regents was the statement about activities of newspaper reporters and news media on the campus.

The Department of Law State of Georgia Atlanta
January 18, 1961
Honorable George B. Brooks, Chairman Committee to Investigate University of Georgia House of Representatives State Capitol Atlanta, Georgia
Dear Mr. Brooks:
Pursuant to your committee's inquiries respecting the action of Dr. O. C. Aderhold, President of the University of Georgia, admitting Charlayne Hunter to occupy dormitory facilities on the campus of the Uni versity, the following is my recollection of the conversation that trans pired between Dr. Aderhold and my Special Deputy Assistant Attorney General B. D. Murphy immediately preceding a called meeting by the Governor in the Board of Regents Conference Room Sunday, January 8, 1961, following the Judge's injunction issued Friday, January 6, 1961:
It is my recollection that Dr. Aderhold asked Mr. Murphy if he could make Charlayne Hunter live off the campus. Mr. Murphy stated that we had been arguing the case on the ground that dormitory facili ties were inadequate at the present time to house her on the campus in

THURSDAY, JANUARY 19, 1961

273

one of the girl dormitories, and Dr. Aderhold in turn stated that he was under a rule which requires all girls under 23 to live on the campus. Mr. Murphy in turn stated that he knew of no one in a better position to change the rule than the President, and that if Charlayne Hunter de manded the use of dormitory facilities and the demand was denied, the court would order him to admit her.
Subsequent to this conversation Mr. Murphy stated to the court in chambers and in my presence and in the presence of counsel for Char layne Hunter that he thought the incident of Wednesday night, Janu ary llth, was due primarily to the fact that Charlayne Hunter was occupying a room in one of the girl dormitories, and that in his opinion there would be no more trouble if Charlayne Hunter would agree to live off the campus. The Judge in turn stated that he had nothing to do with anything that Charlayne Hunter would do voluntarily in this respect.
Counsel for Charlayne Hunter immediately stated that Charlayne Hunter had demanded and would continue to demand to stay in a dormi tory on the campus. In fact, it is my recollection that Mr. Murphy sug gested twice that she voluntarily live off the campus and in both in stances the counsel for her insisted that her demand to live on the cam pus be complied with.
This conversation between Mr. Murphy, the court and counsel took place on Thursday, January 12th. At that time the Judge ordered coun sel for both the plaintiffs and defendant to appear before him the follow ing day, January 13th, at 2 P.M. for a hearing on the question of whether plaintiffs' amended motion to restrain the Governor from cut ting off State funds be heard in chambers. I appeared at this hearing. At that time counsel for plaintiffs filed an amended motion in which they requested the court to spell out specifically that the appropriate authorities at the University be restrained from denying their clients dormitory and eating facilities on the campus. The Judge, in response, stated that he would not spell it out because his original restraining order of January 6th covered their legal position fully, and that that order restraining the appropriate authorities and others from doing any act or acts to frustrate his original injunction of January 6th by refus ing plaintiffs the same privileges in every respect which are accorded white students.
What I have said about the conversation which took place in that court last Friday, January 13th, is a matter of court record on file with the Clerk of the District Court at Macon, Georgia. Mr. Murphy was not present at this last hearing.
Although I did not engage in either of the two conversations, to wit: the one between Dr. Aderhold and Mr. Murphy, and the one between Mr. Murphy, the court and counsel for plaintiffs, I am constrained to say that I firmly concur in Mr. Murphy's interpretation of the court's order. In fact, the court has removed any question about his interpretation in the observation he made Friday, January 13th, in which he stated that his original order of January 6th covered these points fully.
Of course Mr. Murphy and I had nothing to do with where Char layne Hunter would be assigned on the campus. It was our continuous hope that she would voluntarily agree to live off the campus, but under

274

JOURNAL OF THE HOUSE,

the court's ruling Dr. Aderhold had no alternative but to assign her to some dormitory facility on the campus.
Sincerely yours,
Eugene Cook The Attorney General
EC/nig

Powell, Goldstein, Frazer & Murphy The Citizens & Southern National Bank Bldg.
Atlanta 3, Georgia
January 18, 1961
Honorable George B. Brooks, Chairman House of Representatives State Capitol Atlanta 3, Georgia
Dear Mr. Brooks:
Honorable Eugene Cook, Attorney General, has requested that I write you a letter stating my recollection of the conversation between Dr. 0. C. Aderhold, President of the University of Georgia, and myself with reference to the housing of Charlayne Hunter, one of the plaintiffs in the recently tried case who was ordered admitted to the University of Georgia by Judge W. A. Bootle.
The conversation, as I recall it, took place in the Board Room of the Board of Regents in the State Office Building on Sunday afternoon, January 8th.
Dr. Aderhold inquired as to whether counsel thought it would be proper for him to find Charlayne Hunter a place to live off of the cam pus of the University of Georgia. This was in connection with the fact that she had been ordered admitted the next day, January 9th, by Judge Bootle.
As I recall it, the inquiry was not directed especially to myself but was made of the group of lawyers which consisted, as I now recall, of Attorney General Cook, Freeman Leverett and myself. Possibly Assist ant Attorney General James H. Therrell was also there.
I stated to Dr. Aderhold that we had undertaken to defend the suit upon the ground, among others, that Charlayne Hunter could not be admitted at the winter quarter 1961 because there was no dormitory room; that the regulations of the University of Georgia required that female students under 23 years of age should live on the campus but that I did not know of anybody with a better right to modify the rule than the President of the University. Dr. Aderhold then inquired as to what would be the result if Charlayne Hunter demanded the right to live in one of the dormitories. I told him that in my opinion if she did demand the right to live in one of the dormitories, the Judge would order her admitted to a dormitory.
As I recall it, this was the extent of the conversation.

THURSDAY, JANUARY 19, 1961

275

What is stated above is my recollection of the conversation with Dr. Aderhold in which I participated. I do not of course know what conver sation he may have had with somebody else. There were a lot of people present.
With personal regards, I am
Yours sincerely,
B. D. Murphy
BDM/has

The University of Georgia Office of the Dean of Students
To: All Students, University of Georgia
The University is anxious in this crisis that all young men and women at the University conduct themselves with dignity, judgment, and maturity. At the same time we are mindful that oftentimes tension and differences of opinion give rise to emotional outbursts. We therefore call specific attention to the following points:
1. Attention is called to the Athens City ordinance which prohibits parades and mass demonstrations without full consent and permission granted by the mayor and city council. Individuals violating this ordi nance are subject to arrest and prosecution.
2. Attention is also called to the Athens City ordinance which pro hibits discharge of fireworks in the city limits. Individuals violating this ordinance are subject to arrest and prosecution.
3. Attention is also called to the fact that members of fraternities and sororities will jeopardize their chapter charters by attending and taking part in such demonstrations and riots. Local advisers and national headquarters are being advised and are being requested to work with students to enforce law and order.
4. Students attending and taking part in riots and demonstrations will be suspended or expelled.
Joseph A. Williams Dean of Students
January 14, 1961
Resolution
We, the undersigned members of the University of Georgia faculty wish to commend the administrative authorities of the University of Georgia, especially the President, the Dean of Men, the Dean of Students, and the majority of the student body, for the manner in which they have conducted themselves under the trying conditions of the past week and we pledge our continued support of these authorities in carrying out their responsibilities under the law.
We deplore and condemn the incidents of Wednesday night, Janu ary 11, and regret that officials of the State of Georgia were unable or

276

JOURNAL OF THE HOUSE,

unwilling to protect the rights and property of the University and its students.
We also deplore and condemn the behavior of certain outside ele ments and those University students who regrettably joined in lawless demonstrations.
Continued incidents of this kind can only destroy the prestige of the University, result in loss of faculty, and discourage and depress the student body.
Let the governor of this state, its law enforcement officials, and the people know that we, members of the faculty of this great institution, will not retreat from the responsibility of standing steadfastly by the rules of law and morality.
Believing this, we, the undersigned, insist that the two suspended students be returned to their classes and that all measures necessary to the protection of students and faculty and to the preservation of orderly education be taken by appropriate state authorities.

Statements and responses of Honorable Robert 0. Arnold, Chairman of the Board of Regents, to question propounded by members of the Special Committee appointed to find facts concerning the episodes surrounding the admission of two Negro students to the University of Georgia.

January 18, 1961

Mr. Undercofler: These are the questions that this Committee is particularly interested in. We have the background. Who made the inter pretation of the court order that Charlayne Hunter would have to be housed on the campus?
Mr. Arnold: I am sure the President made that. I do not know positively; I think he made the decision.
Mr. Undercofler: Were you in any conferences or meetings where that interpretation was made?
Mr. Arnold: No. In fact, last Sunday was the first time I have been to Athens.
Mr. Undercofler: So far as you know, did the Board of Regents or the Chancellor issue any regulations?
Mr. Arnold: No; but I am sure that you are aware that they have a rule that no freshman girl can live off the campus. I know Dr. Aderhold told me that he, and I believe the Registrar, were going to talk to her lawyers to see if she could live out in town.
Mr. Undercofler: Is that policy with respect to housing formulated by the University officials?
Mr. Arnold: By the University administration. I don't believe that the Board of Regents has anything to do with housing except to fix the fees or approve the fees which are recommended by the institutions.
Mr. Undercofler: Did the Board of Regents or the Chancellor par ticipate in the policies fixed by the University last weekend?

THURSDAY, JANUARY 19, 1961

277

Mr. Arnold: I do not believe so. We formulated this thing to control the press over there last Sunday. The Chancellor and I were over there.
Mr. Undercofler: At that time did Dr. Aderhold show you a state ment or memorandum that he planned to issue to all students concerning certain ordinances of the City of Athens and the penalty for participat ing by the students?
Mr. Arnold: He had read that to me over the phone. He did not call me up just to read that but I was talking to him about some other features and he read it to me.
Mr. Undercofler: Did you concur in it?
Mr. Arnold: I do not think he asked for my approval or disapproval. It is internal administration.

At the conclusion of the reading of this report the members of the House in unison applauded and the report was adopted.

The Speaker of the House expressed his deep appreciation for the untiring efforts and the long hours spent by this Committee in its investigation and com pilation of the true facts as evidenced by this report.

Under the rules of the House, the members of this Committee as appear below, were granted official leave from the House of Representatives from Thursday, January 12, 1961 until this date, Thursday, January 19, 1961.

Messrs. Brooks of Oglethorpe, Kelly of Jasper, Undercofler of Sumter, Lokey of McDuffie, and Ross of Lincoln.

Mr. Twitty of Mitchell moved that the House do now adjourn until Monday morning, January 23, 1961, at 10:00 o'clock.

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

278

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia Monday, January 23, 1961.

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

Prayer was offered by Reverend Pledger W. Parker, Pastor First Methodist Church, Swainsboro, Ga.

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

Mr. Black of Webster, Chairman of the Committee on Auditing, Enrolling, Engrossing and Journals reported that the Journal of the previous legislative day 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 uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions.
7. That the Speaker may in his discretion call up any Bill on the General Calendar in any order that he desires.

Leave of absence was granted Mr. Jones of Sumter for this day because of illness.

Leave of absence for January 24, 1961, was granted Mr. Dollar of Decatur in order that he may attend the graduation of his son from the Southern Baptist Theological Seminary, Louisville, Kentucky.

Mr. McCutchen of Gilmer asked unanimous consent that the following Bill of the Senate be withdrawn from the Committee on Industry and re-committed to the Committee on Hygiene and Sanitation:

SB 12. By Senators White of the 39th, Miller of the 40th, and others:
A Bill relating to the manufacture, purchase, and sale of pyrotechnics; and for other purposes.
The consent was granted and the Bill was re-committed to the Committee on Hygiene and Sanitation.

MONDAY, JANUARY 23, 1961

279

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

HB 176. By Mr. Otwell of Forsyth:
A Bill to be entitled an Act to provide that the Ordinary of Forsyth County shall receive $100.00 per month in addition to fees; and for other purposes.
Referred to the Committee on Local Affairs.

HB 177. By Mr. Otwell of Forsyth:
A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Roads and Revenues for Forsyth County; and for other purposes.
Referred to the Committee on Local Affairs.

HB 178. By Mr. Raulerson of Echols:
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 clarify the definition of big game; and for other purposes.
Referred to the Committee on Natural Resources.

HB 179. By Mr. Hall of Lee:
A Bill to be entitled an Act to provide that in all counties having a population of not less than 6,200 and not more than 6,220, the Ordinary shall be eligible to be appointed to fill a vacancy in the office of Judge of said court until a successor is elected at a general election and quali fied; and for other purposes.
Referred to the Committee on Local Affairs.

HB 180. By Mr. Watson of Houston:
A Bill to be entitled an Act to repeal an Act entitled "Houston Tax Receiver"; and for other purposes.
Referred to the Committee on Local Affairs.
HB 181. By Messrs. Hodges and Parker of Ware, Young of Turner, Roper of Greene, Doster of Wilcox, Jones of Sumter and Jernigan of Clinch:
A Bill to be entitled an Act to amend an Act relating to the powers of the Public Service Commission to exercise general supervision over all common carriers, railroads and related facilities and relating to the safety of the public and railroad employees; and for other purposes.
Referred to the Committee on Industrial Relations.
HB 182. By Messrs. Duncan and Waldrop of Carroll: A Bill to be entitled an Act to amend an Act relating to the stablishment of the City Court of Carrollton; and for other purposes.
Referred to the Committee on Local Affairs.

280

JOURNAL OF THE HOUSE,

HB 183. By Mr. Rogers of Paulding:
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 this Act shall not apply to medicine sold pursuant to a prescription given by a licensed doctor of medicine or dentistry; and for other pur poses.
Referred to the Committee on Ways and Means.

HB 184. By Messrs. Hodges and Parker of Ware:
A Bill to be entitled an Act to amend an Act to provide and establish a new charter for the City of Waycross, relating to Insurance for em ployees of the City of Waycross; and for other purposes.
Referred to the Committee on Local Affairs.

HB 185. By Mr. Scarborough of Crawford:
A Bill to be entitled an Act to amend an Act to prescribe and limit the compensation of the Treasurer of Crawford County for receiving and disbursing the county money, and to five the salary for his services; and for other purposes.
Referred to the Committee on Local Affairs.
HB 186. By Messrs. Lee and Blalock of Clayton:
A Bill to be entitled an Act to amend an Act so as to increase the pay ment of fees to any peace officer in counties having a population of not less than 45,500 or more than 47,000; and for other purposes.
Referred to the Committee on Local Affairs.

HB 187. By Mr. Boggs of Madison:
A Bill to be entitled an Act to amend an Act creating the office of Solicitor-General Emeritus and the Solicitor's General retirement Fund of Georgia, so as to provide additional methods of qualification under said fund; and for other purposes.
Referred to the Committee on Judiciary.

HB 188. By Messrs. Smith and Boyett of Whitfield:
A Bill to be entitled an Act to amend an Act effecting a complete revi sion of the laws of this State relating to the qualification and registra tion of voters, so as to provide that persons now registered and persons who will register in the future shall register by political parties or as independents; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 189. By Messrs. Duncan of Carroll, Scoggin of Floyd, Twitty of Mitchell, Lowrey of Floyd and Underwood of Montgomery:
A Bill to be entitled an Act to amend an Act providing a comprehensive vital statistics law, so as to change the provisions relating to the open-

MONDAY, JANUARY 23, 1961

281

ing of sealed records; to prescribe the procedure for providing birth certificates for certain adopted children not born in the State of Geor gia; and for other purposes.
Referred to the Committee on Special Judiciary.

HR 71-189. By Mr. Chance of Twiggs:
A Resolution to compensate Alton V. White, Jr. (Dept. of Corrections) ; and for other purposes.
Referred to the Committee on Appropriations.

HB 190. By Mr. Steis of Harris:
A Bill to be entitled an Act to create and incorporate the City of Shiloh, in Harris County, and to grant a charter to that municipality under that name and style; to provide a municipal government for said city; and for other purposes.
Referred to the Committee on Local Affairs.

HB 191. By Messrs. Phillips, Taylor and Thornton of Bibb:
A Bill to be entitled an Act to amend an Act relating to additional duties of the Clerks of the Superior Courts, so as to define the term "Grantor"; and for other purposes.
Referred to the Committee on Special Judiciary.

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

HB 146. By Messrs. Killian and Flexer of Glynn:
A Bill to be entitled an Act to provide for fees to clerks of the Superior Courts who receive and disburse alimony payments; and for other pur poses.

HB 147. By Messrs. Smith of Habersham, McDonald of White, Simmons of Banks, Andrews of Hall and Roberts of Jones:
A Bill to be entitled an Act to amend an Act known as the "Current Income Tax Payment Act of 1960," so as to provide withholding ex emptions for persons serving on active duty in any branch of the armed services; and for other purposes.

HB 148. By Mr. Murphy of Haralson:
A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Roads and Revenues for Haralson County; and for other purposes.

HB 149. By Mr. Walker of Lowndes:
A Bill to be entitled an Act to amend an Act relating to wills and the probate thereof; and for other purposes.

282

JOURNAL OP THE HOUSE,

HB 150. By Mr. Walker of Lowndes:
A Bill to be entitled an Act providing additional procedures for taking the testimony of witnesses to wills; and for other purposes.

HB 151. By Mr. Walker of Lowndes:
A Bill to be entitled an Act to amend an Act relating to applications for letters of administration so as to require that in all such applications the full name and legal residence of the deceased, the date of his death, the names, ages, relationships and addresses of the surviving spouse and heirs at law of the deceased be listed; and for other purposes.

HR 57-151. By Mr. Paris of Barrow:
A Resolution authorizing and directing the State Librarian to furnish certain books to the County Commissioners of Barrow County for the use of the Judge of the Superior Court; and for other purposes.

HR 58-151. By Mr. Murphy of Haralson:
A Resolution to compensate Mr. Roland Bowman (Board of Regents); and for other purposes.

HR 59-151. By Messrs. Morris and Branch of Tift:
A Resolution authorizing the Regents of the University System of Geor gia to convey certain lands to Tift County to be used as a site for a Georgia State Patrol Station; and for other purposes.

HR 60-151. By Messrs. Smith of Emanuel, Twitty of Mitchell, Hill of Meriwether, Caldwell of Upson, Underwood of Montgomery, Scoggin of Floyd and Ballard of Newton:
A Resolution proposing an amendment to the Constitution so as to en courage more rapid industrial development and enhance the continuing economic rate of growth of the State by exempting raw materials for use in manufacturing from ad valorem taxation and exemption inven tories of manufactured articles from ad valorem taxation for one year after their manufacture; and for other purposes.

HR 61-151. By Mr. Brackin of Seminole:
A Resolution to authorize and direct the State Highway Department of Georgia to pay the cost of removing and readjusting certain utility facilities of the City of Donalsonville, made necessary by the improve ment of State Route 38 in Seminole County; and for other purposes.

HB 152. By Messrs. Kidd and Chandler of Baldwin:
A Bill to be entitled an Act to create a Department of Mental Health; and for other purposes.

HB 153. By Mr. Kidd of Baldwin:
A Bill to be entitled an Act to amend an Act known as the Georgia Prison Industries Act, so as to permit the State Board of Corrections to

MONDAY, JANUARY 23, 1961

283

manufacture and sell certain items for resale to any Veterans' Organi zation; to provide for the use of the proceeds from such sales; and for other purposes.

HB 154. By Messrs. McClelland and Brooks of Pulton:
A Bill to he entitled an Act to provide for appeals in civil cases without the necessity of moving for a new trial; and for other purposes.
HB 155. By Messrs. Matthews of Clarke, Crawford, Funk and Dickey of Chat ham:
A Bill to be entitled an Act to promote the safety, convenience and en joyment of public travel and the free flow of intrastate and interstate commerce; to protect the public investment of limited-access highways and in the National System of Interstate and Defense Highways in Georgia; to control the erection and maintenance of outdoor advertising signs, displays and devices within six hundred and sixty feet of the right-of-way of a limited-access highway or a portion of the National System of Interstate and Defense Highways in Georgia; and for other purposes.

HB 156. By Mr. Ballard of Newton:
A Bill to be entitled an Act to amend an Act relating to the apportion ment of the House of Representatives among the several counties, so as to reapportion the members of the House of Representatives; and for other purposes.
HB 157. By Messrs. Boggs of Madison, Matthews and Cox of Clarke:
A Bill to be entitled an Act to provide the Mayor and Council of the Town of Hull with authority to grant franchises and licenses in said Town; and for other purposes.

HB 158. By Messrs. McClelland, Smith and Brooks of Fulton:
A Bill to be entitled an Act to amend an Act relating to members of the Police Department in cities having a population of 150,000 or more, providing pensions to widows and dependents; and for other purposes.

HB 159. 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, so as to provide for the payment of fees by the City of Atlanta to any member of the police force attending any session of the Municipal Court as a witness in behalf of said city or the State; and for other purposes.

HB 160. By Messrs. McClelland, Brooks and Smith of Fulton:
A Bill to be entitled an Act to amend an Act to establish a new charter for the City of Atlanta, relating to improvements in the Department of Parks; and for other purposes.

284

JOURNAL OF THE HOUSE,

HB 161. By Messrs. McClelland, Smith and Brooks of Fulton:
A Bill to be entitled an Act to amend an Act to establish the Criminal Court of Atlanta, so as to increase the number of assistant solicitorsgeneral in the Criminal Court of Fulton County from three to four; and for other purposes.
HB 162. By Messrs. Blalock of Clayton and Rutland of DeKalb:
A Bill to be entitled an Act to amend an Act relating to remittances to the State Revenue Commissioner, relating to property taxes; and for other purposes.
HB 163. By Messrs. Blalock of Clayton and Rutland of DeKalb:
A Bill to be entitled an Act to amend the Current Income Tax Payment Act of 1960, relating to employee refunds and credits; and for other purposes.

HB 164. By Mr. Blalock of Clayton:
A Bill to be entitled an Act to provide for service by mail of notices of assessment of any tax or license fee; and for other purposes.
HB 165. By Mr. Blalock of Clayton:
A Bill to be entitled an Act to provide that when any person makes an application, return, or other statement to the State Revenue Commis sioner under penalties of perjury, the definition and punishment pre scribed by law for perjury, with some modifications, shall apply; and for other purposes.
HB 166. By Messrs. Blalock of Clayton and Rutland of DeKalb:
A Bill to be entitled an Act to make it a misdemeanor to impersonate an auditor, agent or other representative of the State Revenue Commis sioner or the Department of Revenue or any unit or division thereof; and for other purposes.
HB 167. By Messrs. Adams and Moore of Polk:
A Bill to be entitled an Act to provide for the extension of the corporate limits of the City of Rockmart; and for other purposes.
HB 168. By Messrs. Twitty and Collins of Mitchell, Kirkland of Tattnall, Caldwell of Upson, Fowler of Douglas, Odom of Dougherty, Cox of Clarke and many others:
A Bill to be entitled an Act to amend an Act so as to determine member ship and conditions of membership in Division "A" of said Act for those eligible employees of the State Department of Corrections relating to Retirement; and for other purposes.
HB 169. By Messrs. Twitty of Mitchell, Kirkland of Tattnall, Collins of Mitchell, Caldwell of Upson, Fowler of Douglas, Odom of Dougherty and many others: A Bill to be entitled an Act which supercedes and consolidates laws relating to the State Board of Corrections and related facilities, so as to

MONDAY, JANUARY 23, 1961

285

provide that the Director of the State Board of Corrections shall act for the Department for and in compliance to any retirement provisions for the employees and officials of said Department; and for other pur poses.

HB 170. By Messrs. Jernigan of Clinch, Knight of Berrien, Moorman of Lanier, Wilkes of Cook and Henderson of Atkinson:
A Bill to be entitled an Act to amend an Act creating the office of Judge of the Superior Courts Emeritus, so as to modify the service qualifica tions for appointment to the office of Judge of the Superior Courts Emeritus; and for other purposes.

HB 171. By Messrs. Willingham, Wilson and Teague of Cobb, Horton of Putnam, Barrett of Cherokee, Barber of Jackson and McCutchen of Gilnier:
A Bill to be entitled an Act to amend an Act effecting a complete revi sion of the laws of this State relating to the qualification and registra tion of voters, so as to provide that the provisions relating to cancella tion of registration for not having voted within a two-year period shall be changed so as to apply to those persons who have not voted within a four-year period; and for other purposes.

HR 65-171. By Messrs. Floyd of Chattooga, Rogers of Paulding and Knight of Berrien:
A Resolution proposing an amendment to the Constitution so as to au thorize future Governors to succeed themselves in office; to define the words "one term of office"; and for other purposes.

HR 66-171. By Mr. Boggs of Madison:
A Resolution to compensate Fish Howard (Georgia Forestry Comm.) ; and for other purposes.

HR 67-171. By Mr. Kidd of Baldwin:
A Resolution to compensate Walker McDade (Dept. of Corrections) ; and for other purposes.

HR 68-171. By Messrs. Cox and Matthews of Clarke:
A Resolution proposing an amendment to the Constitution so as to pro vide for the creation of the Athens-Clarke County Beverage Control Board; and for other purposes.

HB 172. By Messrs. Phillips, Taylor and Thornton of Bibb:
A Bill to be entitled an Act to amend an Act relating to the procedure to be followed by persons desiring to change their name or their chil dren's names, so as to provide for a new procedure; and for other pur poses.

HB 173. By Mr. Lewis of Burke:
A Bill to be entitled an Act to amend an Act relating to the distribution of the Acts of the General Assembly, so as to provide for the distribu-

286

JOURNAL OF THE HOUSE,

tion by the State Librarian of said Acts to municipal attorneys and other officials of incorporated cities and towns of Georgia; and for other purposes.

HB 174. By Messrs. Smith of Emanuel, Twitty of Mitchell, Fowler of Douglas, Underwood of Montgomery, Scoggin and Hall of Floyd, and Melton of Spalding:
A Bill to be entitled an Act to provide for suspension and reopening of public schools; to provide for the call of an election on said issue; to prescribe the procedure relating thereto; to provide that teachers' and other contracts shall not be affected by such suspension but that the compensation thereunder shall continue under specified terms; and for other purposes.

HR 69-174. By Messrs. Smith of Emanuel, Twitty of Mitchell, Fowler of Douglas, Underwood of Montgomery, Scoggin of Floyd, Hall of Floyd and Melton of Spalding:
A Resolution proposing an amendment to the Constitution so as to de clare that freedom of association at all levels of education shall be pre served inviolate, and to authorize the General Assembly to provide an adequate education for the citizens of Georgia; and for other purposes.

HB 175. By Mr. Willingham of Cobb:
A Bill to be entitled an Act to provide for grants to counties, munici palities, or any combination of the same to assist in construction of those projects as qualify for Federal aid and assistance under the Fed eral Water Pollution Control Act; to provide that the State Board of Health shall administer this Act; and for other purposes.

SR 10. By Senator Sanders of the 18th:
A Resolution proposing an amendment to the Constitution so as to pro vide that certain compensation of peace officers shall be deemed to be a subsistence allowance; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

SB 12. By Senators White of the 39th, Miller of the 40th, Owens of the 32nd and others:
A Bill to be entitled an Act to provide that it shall beu nlawful to manu facture, purchase, sell, deal in, transport, possess, receive, advertise, use or cause to be discharged any pyrotechnics, with certain exceptions; and for other purposes.

SB 13. By Senators Gardner of the 47th, Towson of the 16th, Brown of the 52nd, and McKenzie of the 13th:
A Bill to be entitled an Act to amend Code Section 13-2002 of the Code of Georgia of 1933, relating to the qualifications of directors of banks, as amended, so as to provide that 60 per cent of said directors must be citizens of the State of Georgia; and for other purposes.

MONDAY, JANUARY 23, 1961

287

SB 14. By Senator McKenzie of the 13th:
A Bill to be entitled an Act to amend an Act providing a Charter for the City of Montezuma so as to change the corporate limits of said city by extending and defining the same; to strike Sec. 2 of said Charter, as amended; and for other purposes.

SB 18. By Senator Grayson of the 1st:
A Bill to be entitled an Act to amend an Act creating, establishing and organizing the City Court of Savannah and the several acts amendatory thereof and supplementary thereto; and for other purposes.

SR 16. By Senator Jackson of the 24th:
A Resolution relating to excused absences from the public schools for those children acting as pages for the General Assembly during the school year; and for other purposes.

Mr. Hall of Ployd County, Chairman of the Committee on Education, sub mitted 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 174. Do Pass.
HR 69-174. Do Pass.
Respectfully submitted,
Hall of Floyd, Chairman.

Mr. Underwood of Montgomery 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 Resolution of the House and has instructed me, as Chairman, to report the same back to the House with the following recommendations:
HB 118. Do Pass. HB 120. Do Pass. HB 121. Do Pass. HB 122. Do Pass. HB 123. Do Pass. HB 124. Do Pass. HB 127. Do Pass. HB 128. Do Pass.

288

JOURNAL OF THE HOUSE,

HB 129. Do Pass. HB 130. Do Pass. HB 131. Do Pass. HB 132. Do Pass. HB 136. Do Pass. HB 119. Do Pass, as Amended. HR 41-99. Do Pass.

Respectfully submitted,
Underwood of Montgomery, Chairman.

Mr. Cox of Clarke County, Chairman of the Committee on State Institutions and Property, submitted the following report:

Mr. Speaker:

Your Committee on State Institutions and Property has had under consider ation the following Bills of the House and has instructed me, as Chairman, to report the same back to the House with the following recommendations:

HB 143. Do Pass, as Amended.

HB 144. Do Pass.

Respectfully submitted,

Cox of Clarke, Chairman.

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

SB 10. By Senator Overby of the 33rd:
A Bill to amend an Act providing for a uniform method of fixing, limit ing and restricting the salaries, allowances and travel expenses of cer tain State officials, approved March 12, 1953 (Ga. Laws 1953, Jan.-Feb. Session, p. 613), as amended; and for other purposes.
SB 11. By Senator Overby of the 33rd:
A Bill to amend Code Section 40-901, as amended, relating to the elec tion, salary, and term of office of the Treasurer of the State of Georgia, so as to clarify the provisions thereof relating to the term of office; to change compensation; to repeal conflicting laws; and for other purposes.
SB 24. By Senator Conger of the 8th:
A Bill to provide that no child shall be forced to attend school with a child of another race; to repeal conflicting laws; and for other purposes.

MONDAY, JANUARY 23, 1961

289

SR 18. By Senator White of the 39th:
A Resolution authorizing the State Parks Department to investigate the feasibility of creating a new State Park in the Factory Shoals area in Douglas County; and for other purposes.

HB 10. By Messrs. Sheffield of Brooks, Walker of Lowndes, and others:
A Bill to amend an Act which provides for a supplement to the compesation of the judge of the superior courts of the Southern Judicial Cir cuit and for payment of such supplement in specified amounts; and for other purposes.

HB 17. By Mr. Funk of Chatham:
A Bill to amend the charter of the Mayor and Aldermen of the City of Savannah by repealing certain act extending the corporate limits; limit ing the police jurisdiction; providing for refund of city business or occu pation taxes collected for 1961; and for other purposes.

By unanimous consent, the following Bills and Resolution of the Senate were read the first time and referred to the Committees.,

SB 10. By Senator Overby of the 33rd:
A Bill to be entitled an Act to amend an Act providing for a uniform method of fixing, limiting and restricting the salaries, allowances and travel expenses of certain State officials; and for other purposes.
Referred to the Committee on Industrial Relations.

SB 11. By Senator Overby of the 33rd:
A Bill to be entitled an Act to amend Code Section 40-901, as amended, relating to the election, salary, and term of office of the Treasurer of the State of Georgia, so as to clarify the provisions thereof; to change compensation; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Rules.

SB 24. By Senator Conger of the 8th:
A Bill to be entitled an Act to provide that no child shall be forced to attend school with a child of another race; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Education.
SR 18. By Senator White of the 39th:
A Resolution authorizing the State Parks Department to investigate the feasibility of creating a new State Park in the Factory Shoals area in Douglas County; and for other purposes.
Referred to the Committee on State Institutions and Property.
The following Resolutions of the House were read and adopted:

290

JOURNAL OF THE HOUSE,

HE 72. By Mr. Smith of Emanuel:
A RESOLUTION
Relative to the "Mansion Sites Commission"; and for other purposes.
WHEREAS, pursuant to legislation enacted by the General Assem bly at the 1960 Session, the Governor, by Executive Order dated October 28, 1960, created the Commission known as the "Mansion Sites Commis sion" and designated the members thereof; and
WHEREAS, the Commission was charged with the duty of making a study concerning the leasing or development of a tract of land owned by the State of Georgia known as the Governor's Mansion Lot, and was directed to submit a proposal or proposals relative thereto to the Gen eral Assembly; and
WHEREAS, the Commission has not had sufficient time to com plete its study and is desirous of continuing and completing the func tions for which it was created;
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Mansion Sites Commission is hereby granted an extension of time for the purpose of completing and continu ing the functions for which it was created, and shall make a report to the General Assembly and submit a proposal or proposals relative to the leasing or development of the aforesaid Governor's Mansion Lot prior to the end of the 1961 Session of the General Assembly, if possible. In the event the Commission is unable to complete its work as aforesaid, a report and a proposal or proposals shall be submitted to the General Assembly on or before February 1, 1962, on which date the Commission shall stand abolished. The members of the Commission shall be the same as those designated by the Governor in the aforesaid Executive Order. In the event a vacancy occurs for any reason on the Commission, the Governor shall fill the same by appointment. Prior to presenting any report or proposals, the Commission shall publish an advertisement in a paper of Statewide circulation, twice a week for two weeks, which advertisement shall request and solicit the submission, by any interested person, firm, partnership, association, corporation or entity, of pro posals concerning such leasing or development. As provided in the afore said legislation, no such proposal shall interfere with the rights of the present lessee of the Governor's Mansion Lot property without the con sent of the lessee, and no such proposal or agreement pertaining to the Governor's Mansion Lot property shall in any way be binding on the State of Georgia unless and until it has been approved or authorized by Act or by a joint Resolution of the House of Representatives and the Senate of the State of Georgia.
.BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a copy of this Resolution to the Governor and to each of the members of the Commission.

HR 73. By Messrs. Mackay, Howard and Rutland of DeKalb:
A RESOLUTION
Relating to the Stone Mountain Scenic Railroad; and for other pur poses.

MONDAY, JANUARY 23, 1961

291

WHEREAS, Stone Mountain and the surrounding area are being developed as a memorial park unsurpassed in its beauty and magnifi cence as a permanent memorial to the Confederacy; and
WHEREAS, Stone Mountain Memorial Park will be one of the nation's outstanding tourist attractions, thereby bringing untold bene fit, not only to the immediate area, but to the entire State of Georgia; and
WHEREAS, the construction of the Stone Mountain Scenic Rail road and the recreation thereon of the historic General and Texas, loco motives which figured so prominently in a classic event of the 1860's, are deemed indispensable inclusions in the Stone Mountain Confederate Memorial and Centennial of the War Between the States; and
WHEREAS, his Excellency, Governor S. Ernest Vandiver, has pro claimed January 24, 1961 as a day of salute to all those who have brought about the completion of the Stone Mountain Scenic Railroad;
NOW, THEREFORE BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that January 24, 1961 is hereby designated as Stone Mountain Scenic Railroad Day and all citizens of this great State are urged to commemorate said Day in a proper and fitting manner.
BE IT FURTHER RESOLVED that the members of the Stone Mountain Memorial Authority and all others who have worked so tire lessly to bring about the formal dedication of the Stone Mountain Scenic Railroad are hereby extended sincere and heartfelt appreciation by the members of this body.

HR 74. By Mr. Rowland of Johnson:
A RESOLUTION
To the Honorable Mr. George Stevens, Director of "The Greatest Story Ever Told," Warner Brothers Pictures, Olive Avenue, Burbank, California; requesting a screen test for Frank M. Roughton; and for other purposes.
WHEREAS: The Honorable Frank M. Roughton majored in dra matics in college and then received several years of professional training in Cincinnati and New York and,
WHEREAS: he has earned his living as a professional actor on stage and in films, and received many commendations for his ability, and
WHEREAS: he has gained wide-spread acclaim in the Southeast recently for his portrayal of "The Christ" in a soliloquy of "The Sermon On the Mount" and
WHEREAS: this overwhelming response has come from both clergy and laymen alike and
WHEREAS: his portrayal of Christ in public reflects his devotion to Christ in private, and
WHEREAS: he is a native Georgian and has served with distinc tion as the Reading Clerk of the House of Representatives for three years prior to entering the ministry, and

292

JOURNAL OF THE HOUSE,

WHEREAS: he has served as chaplain for both the House and Senate;
NOW THEREFORE BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES, the SENATE concurring, that we do earnestly request that The Honorable Mr. George Stevens make his own investi gation into the talent of Mr. Roughton by granting him a screen test.
BE IT FURTHER RESOLVED that the clerk of the House is instructed to forward this Resolution to The Honorable Mr. George Stevens and a suitable copy thereof to Mr. Roughton.

The following Resolutions of the House, favorably reported by the commit tees, were taken up for consideration:

HR 32. By Mr. Twitty of Mitchell:
A Resolution creating the Criminal Law Study Committee; and for other purposes.
The following committee amendment was read and adopted:
The committee on Rules moves to amend HR 32 as follows: "by deleting the word 'ten' in line three in the sixth paragraph thereof and inserting the word 'twelve', and deleting the word 'two' in line five of the sixth paragraph and inserting therein the word 'four'."
The report of the committee, which was favorable to the adoption of the Resolution, as amended, was agreed to.
The Resolution, as amended, was adopted.

HR 49. By Mr. Willingham of Cobb:
A Resolution creating the Election Laws Study Committee; to repeal a Resolution providing for an Election Laws Study Committee; and for other purposes.
The following committee amendment was read and adopted:
The committee on the House on Special Judiciary moves to amend HR 49 by inserting "by December 1, 1961" after the word "report" in the third sentence of the 7th paragraph of the Resolution.
The report of the committee, which was favorable to the adoption of the Resolution, as amended, was agreed to.
The Resolution, as amended, was adopted.
The following Resolution of the House was read and referred to the commit tee on Rules:

MONDAY, JANUARY 23, 1961

293

HR 75. By Messrs. Smith of Habersham, Simmons of Banks, and others:
A RESOLUTION
Relative to school bus drivers; and for other purposes.
WHEREAS, almost all State, county and local officials and em ployees are covered under some form of a State or State created retire ment system; and
WHEREAS, school bus drivers, with the exception of some who are under Social Security, are not covered by any form of retirement system;
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is hereby created a committee of five, three members of the House to be named by the Speaker, and two members of the Senate to be named by the President, for the purpose of making a study and investigation into the possibility of school bus drivers being covered under the provisions of the State Employees' Retirement System or the State Teachers' Retirement System. The com mittee shall investigate the costs involved and the feasibility of provid ing for retirement coverage for the school bus drivers. The committee is hereby authorized to employ clerical and technical help to assist it in the performance of its duties and fix the compensation therefor. The members of the committee shall receive the compensation, per diem, expenses and allowances authorized for members of interim legislative committees. The committee shall make a report of its findings and rec ommendations to the 1962 session of the General Assembly on or before January 15, 1962, on which date the committee shall stand abolished. The funds necessary for carrying out the purposes of this Resolution shall come from the funds appropriated to or available to the legislative branch of the government.

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

HB 134. By Mr. Barnett of Wilkes:
A Bill to be entitled an Act to amend an Act to establish 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 116, nays 0.

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

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

HB 138. By Messrs. Smith of Emanuel, Twitty of Mitchell, Scoggin of Floyd and Underwood of Montgomery:
A Bill to be entitled an Act to repeal an Act relating to the Committee of the General Assembly to visit institutions; and for other purposes.

294

JOURNAL OF THE HOUSE,

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

On the passage of the Bill, the ayes were 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 137. By Messrs. Smith of Emanuel, Twitty of Mitchell, Scoggin of Floyd and Underwood of Montgomery: A Bill to be entitled an Act to repeal an Act relating to visiting Com mittees of the legislature, to repeal an Act relating to inspection of property, institutions and resources of the State; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 113, 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 137.
HB 67. By Messrs. Scoggin of Floyd, Brooks of Fulton, and others: A Bill to be entitled an Act known as the "Georgia Drug and Cosmetic Act," to regulate the sale, manufacture, distribution of cosmetics, drugs and related items; and for other purposes.
The following amendment was read and adopted:
Mr. Brooks of Fulton moves to amend HB 67 as follows: By inserting in the caption thereof in next to the last line thereof, between the word "drugs" and the word "to" the following "to provide for appeal from any final ruling of the Board of Pharmacy." and by adding a new section to be known as 30(A) to read as follows: "Any final order of the Board of Pharmacy issued under the provi sions of this Act may be appealed from the Superior Court of the County wherein said order was passed in the same manner and procedure as is by law now provided for appeals from the Ordinary's Court to the Superior Court."
The report of the committee which was favorable to the passage of the Bill, was agreed to, as amended.
On the passage of the Bill, as amended, the ayes were 112, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.

MONDAY, JANUARY 23, 1961

295

HB 58. By Messrs. Bolton of Spalding, Hale of Dade, and others:
A Bill to be entitled an Act to amend an Act relating to the ineligibility of Tax Assessors to hold public offices; and for other purposes.

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

On the passage of the Bill, the ayes were 108, nays 6. The Bill, having received the requisite constitutional majority, was passed.

HB 55. By Mr. Ross of Lincoln:
A Bill to be entitled an Act to provide that any real estate held by the State of Georgia in fee simple or under a quit claim deed with a rever sionary interest in the federal government or under a long term federal license agreement with a reversionary interest in the federal government may be improved with funds appropriated for a State 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 118, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 106. By Mr. Paris of Barrow: A Bill to be entitled an Act to amend an Act relating to receiving stolen goods, so as to provide that the buyer or receiver may be tried without the necessity of the principal thief having been convicted, if the prin cipal thief is under seventeen years of age or is insane; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 118, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 59. By Messrs. Bolton of Spalding, Hale of Dade, and others: A Bill to be entitled an Act to amend an Act relating to prerequisites for deeds before they are admitted to record; and for other purposes.
The following Committee Substitute was read and adopted: A BILL
To be entitled an Act to amend Code Section 29-405, relating to pre requisites for deeds before they are admitted to record, so as to provide

296

JOURNAL OF THE HOUSE,

that no deed to realty except security instruments shall be entitled to record unless said deed bears a certification by the local tax official charged with the duty of receiving tax returns in the county wherein the land lies that the conveyance has been duly noted in the office of the said tax official; to exclude certain counties; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1
Code Section 29-405, relating to prerequisites for deeds before they are admitted to record, is hereby amended by adding the following lan guage :
"No deed to realty except security instruments shall be entitled to record unless said deed bears a certification by the local tax official charged with the duty of receiving tax returns in the county wherein the land lies that the conveyance has been duly noted in the office of the said tax official. Said certificate of the tax official which shall appear on such deeds shall recite: 'I certify that this conveyance has been duly noted by this office.
Signed: .........._.____._--__.___.___.,,_.,,. Official Title'

"Provided however that this requirement for certification shall not apply in any county where the Clerk of Superior Court furnishes copies of all deeds of conveyance of realty, excepting security instruments to the tax official, so that when so amended Code Section 29-405 shall read as follows:
"29-405. To authorize the record of any deed, whether a deed to realty or personalty, or of a mortgage, bond for title or other registrable instrument, if executed in this State, it must be attested or acknowl edged as hereinafter provided. But nothing herein shall dispense with another witness where an additional witness is required. No deed to realty except security instruments shall be entitled to record unless said deed bears a certification by the local tax official charged with the duty of receiving tax returns in the county wherein the land lies that the conveyance has been duly noted in the office of the said tax official." Said certificate of the tax official which shall appear on such deeds shall recite: 'I certify that this conveyance has been duly noted by this office.
Signed:..... ,,.........,,.__._____........._......._ Official Title'

Provided however that this requirement for certification shall not apply in any county where the Clerk of Superior Court furnishes copies of all deeds of conveyance of realty, excepting security instruments to the tax official."
SECTION 2
All laws and parts of laws in conflict with this Act are hereby repealed.

MONDAY, JANUARY 23, 1961

297

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 Akins Andrews of Hall Barnett of Wilkes Barrett Birdsong Blalock
Bolton . Bowen of Toombs Boyett Brackin Branch Brooks of Pulton Carswell Chandler Clark of Catoosa Clarke of Monroe Cloer Cox Crawford Culpepper Davis Been Dickey Dorminy Duncan of Pannin Dunn Echols Fitzgerald Flynt Pordham Fowler of Douglas

Fowler of Treutlen Funk Hale Hall of Floyd Harrell Hull Hurst Johnson Joiner Jones of Liberty Jones of Worth Kidd Killian King Knight of Laurens Lane Lanier Lee Lewis Loggins Lowrey Mackay Massee Matthews of Clarke Matthews of Colquitt McClelland Milhollin Moore Morris Newton Pannell Paris Parker of Screven

Payton Phillips of Bibb Poole Potts Roberts Roper Ross Rutland Sangster Scoggin Simpson Sinclair Smith of Grady Smith of Habersham Smith of Whitfield SteisStrickland Stuckey Summers Tabb Taylqr of Dawson Taylor of Bibb Thornton Todd Vaughn Walker of Telfair War'e Wells of Oconee Wells of Camden Wickham Williams of Coffee Woodward Young

Those voting in the negative were Messrs.:

Bozeman Busbee Chance Cocke Collins Fleming Flexer Hall of Lee Henderson Hill Hodges Horton Jordan

Keyton McCracken Miller Mixon Moorman Moss Murphy NeSmith Odom Otwell Parker of Ware Parker of Appling Farmer

Phillips of Columbia Ray Scarborough Tamplin Taylor of Decatur Teague Tucker Twitty Undercofler Walker of Lowndes Wells of Peach Wilkes Willingham

298

JOURNAL OF THE HOUSE,

Those not voting were Messrs.:

Abney Andrews of Stephens Arnsdorff Ballard Barber Barnett of Baker Baughman Black Bowen of Randolph Brooks of Oglethorpe "Brown Budd Bynum Caldwell _Coker Conner Crowe Dicus Dollar Doster "Duncan of Carroll Ployd Puqua Greene

Howard Jernigan Jones of Lumpkin Jones of Sumter Keadle Kelly Killingsworth Kimmons Kirkland Knight of Berrien Lokey Lovett McOutchen McDonald McGarity Melton Moate Morgan Mullis Pelham Phillips of Walton Pickard Purcell Raulerson

Rodgers of Charlton Rogers of Paulding Rowland Sheffield Shuman Simmons Singer Smith of Brantley Smith of Pulton Stevens Story Tamplin Taylor of Decatur Teague Tucker Underwood of
Montgomery Underwood of Taylor Waldrop Watson White Williams of Hall Wilson Mr. Speaker

On the passage of the Bill by substitute, the ayes were 99, nays 39.

The Bill by substitute, having failed to receive the requisite constitutional majority, was lost.

Mr. Bolton, of Spalding, gave notice that at the proper time he would move that the House reconsider its action in not giving HB 59 the requisite constitu tional majority.

The following Bill of the House was again taken up for consideration:

HB 45. By Messrs. Parker of Ware, Flexer and Killian of Glynn, and others:
A Bill to be entitled an Act to amend an Act amending, revising, super seding and consolidating the laws relating to the State Game and Pish Commission; and for other purposes.
The following amendment was read and adopted:
Mr. Parker of Ware moves to amend HB 45 as follows:
By adding in the title before the words "to repeal conflicting laws," the word "to provide for approval by the Game and Fish Commission."
By adding at the end of the language quoted as Section 26A in Section 1 of said Bill the following:
"and that such plan for acquisition of said lands be approved by the Game and Fish Commission of the State of Georgia."

MONDAY, JANUARY 23, 1961

299

The report of the committee, which was favorable to the passage of the Bill, was agreed to, as amended.

On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Adams Akins Andrews of Stephens Andrews of Hall Arnsdorff Ballard Barber Barnett of Wilkes Barnett of Baker Barrett Baughman Birdsong Black Blalock Bolton Bowen of Randolph Bowen of Toombs Boyett Brackin Branch Brooks of Fulton Brown Busbee Bynum Caldwell Carswell Chance Chandler Clark of Catoosa Clarke of Monroe Cloer Cocke Collins Conner Cox Crawford Crowe Culpepper Davis Deen Dickey Dorminy Doster Duncan of Pannin Duncan of Carroll Dunn Echols

Fitzgerald Fleming Flexer Flynt Fordham Fowler of Douglas Fowler of Treutlen Funk Hale Hall of Lee Harrell Henderson Hodges Horton Howard Hull Hurst Jernigan Johnson Joiner Jones of Liberty Jones of Worth Jones of Lumpkin Jordan Keadle Kelly Kidd Killian Killingsworth King Kirkland Knight of Laurens Knight of Berrien Lane Lee Lewis Loggins Lokey Lovett Lowrey Mackay Massee Matthews of Clarke Matthews of Colquitt McCutchen McDonald McGarity Milhollin

Miller Mixon Moate Moore Moorman Morgan Morris Moss Mullis Murphy NeSmith Newton Odom Otwell Pannell Paris Parker of Screven Parker of Ware Parker of Appling Farmer Payton Phillips of Columbia Phillips of Bibb Poole Potts Purcell Ray Roberts Rodgers of Charlton Rogers of Paulding Rowland Rutland Scarborough Sheffield Shuman Simmons Simpson Sinclair Smith of Grady Smith of Fulton Smith of Habersham Smith of Whitfield Steis Story Strickland Stuckey Summers Tabb

300

JOURNAL OF THE HOUSE,

Tamplin Taylor of Dawson Taylor of Decatur Taylor of Bibb Teague Thornton Todd Tucker Twitty Undercofler

Underwood of Montgomery
Underwood of Taylor Vaughn Waldrop Walker of Lowndes Walker of Telfair Ware Wells of Peach Wells of Oconee

Voting in the negative was Mr. Keyton. Those not voting were Messrs.:

Boggs Bozeman Brooks of Oglethorpe Budd Coker Dicus Dollar Floyd Fuqua Greene Hall of Floyd

Hill Jones of Sumter Kimmons Lanier McClelland McCracken Melton Pelham Phillips of Walton Pickard Raulerson

Wells of Camden White Wilkes Williams of Coffee Williams of Hall Willingham Wilson Woodward Young
Roper Ross Sangster Scoggin Singer Smith of Brantley Stevens Watson Wickham Mr. Speaker

On the passage of the Bill, as amended, the ayes 172, nays 1.

The Bill, having received the requisite constitutional majority, was passed as amended.

HB 66. By Messrs. Bolton of Spalding, Hale of Dade, and others:
A Bill to be entitled an Act to provide that the State Revenue Depart ment shall be authorized to contract with the several counties in order that assistance by the State might be provided to the individual coun ties in undertaking a property re-evaluation and ad valorem tax equali zation program within the individual counties; and for other purposes.

The following Committee substitute was read:
A BILL
To be entitled an Act to authorize State aid to counties in defray ing the cost of property valuation and equalization programs for ad valorem tax purposes; to repeal conflicting laws; and for other pur poses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1
To the extent of funds appropriated and available for the purpose, the State Revenue Commissioner is authorized to aid the counties of this State in defraying the cost of employing persons, firms or cor poration to assist county boards of tax assessors in the mapping, plat ting, cataloging, indexing and appraising of property for ad valorem

MONDAY, JANUARY 23, 1961

301

tax purposes and to make, subject to the approval of such boards of tax assessors, re-evaluations of property, to search out and appraise unreturned property, or to purchase such information from any munici pality or political subdivision of this State.
SECTION 2
The aid contemplated hereunder is not intended for the purpose of defraying the ordinary or recurring costs or expenses of property tax administration within the counties but is intended to encourage the counties to enter upon survey, evaluation and equalization programs of all, or substantially all, property within their respective boundaries.
SECTION 3
The aid contemplated hereunder is that the State will pay such portion of the cost of such a program as the financial condition of the county requires, the amount so paid to be repaid to the State by the county for whose benefit paid, as hereinafter provided.
SECTION 4
The State Revenue Commissioner shall administer this Act and shall have full discretion to determine the counties to receive this aid, and the extent of it, giving consideration to the funds available, the relative needs among the counties for such a program, and the relative abilities of the counties to finance such a program. The State Revenue Commissioner shall have authority to promulgate such rules, regulations and instructions as he deems necessary to the administration of this Act. Provided, however, no aid shall be granted hereunder except with respect to a program which, prior to its initiation, has received the approval of the State Revenue Commissioner, and provided further that the governing authority of each county shall have the exclusive right to employ the help needed for such reappraisal.
SECTION 5
Upon application of the governing authority of a county for aid under this Act, and the submission of a valuation and equalization pro gram and its approval by the State Revenue Commissioner and the State Revenue Commissioner's determination of the extent of aid, the governing authority of said county and the State Revenue Commissioner shall enter into a contract respecting the payment of the cost of such program and the repayment of the amount to be paid by the State. Said contract shall provide for the repayment of said amount, without in terest, in five equal annual instalments, the first to be due on Decem ber 31st of the calendar year following the calendar year during which such contract is executed, and one of the remaining annual instalments be due on December 31st of each calendar year thereafter for four years. Said contract shall also provide that whenever any annual in stalment payment is in default, the State Revenue Commissioner shall have an irrevocable power of attorney from said governing authority to direct the State Treasurer to pay over to him, as State Revenue Commissioner, all funds otherwise due to said county, or its governing authority, under the Act approved March 8, 1945, (Ga. Laws 1945, p. 316) or under any other appropriation of the General Assembly for grants to counties for aid in county road construction or maintenance, or both, until such default has been paid. The State Treasurer is hereby

302

JOURNAL OP THE HOUSE,

required to give effect to such direction notwithstanding any other provision of law.
SECTION 6
The limitations on the millage levy prescribed in Code Sections 92-3702 and 92-3706 shall not apply to any levy which a county gov erning authority may make for purposes of defraying the cost of a survey, evaluation and equalization program contemplated hereunder or of repaying to the State amounts advanced under this Act; nor shall amounts to be repaid to the State under this Act constitute debts within the meaning of Section VII of Article VII of the Constitution of the State; nor shall the aid contemplated hereunder be construed as an assumption of county debts within the meaning of Paragraph V of Section III of Article VII of said Constitution.
SECTION 7
All laws and parts of laws in conflict with this Act are hereby repealed.
The following amendment to the Committee Substitute was read and adopted:

Mr. Wilkes of Cook moves to amend Committee Substitute to HB 66 as follows:
Section 4 by changing period at end of Section 4 to a comma and adding the following "and provided further the governing au thority of each county shall have the exclusive right to employ the help needed for such reappraisal".
The substitute, as amended, was adopted.
The report of the committee, which was favorable to the passage of the Bill by substitute, was agreed to, as amended.
On the passage of the Bill, by substitute as amended, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Akins Andrews of Stephens Andrews of Hall Arnsdorff Barber Barnett of Wilkes Barnett of Baker Barrett Baughman Birdsong Blalock Boggs Bolton Bowen of Randolph Bowen of Toombs Boyett Branch

Brooks of Fulton Brown Busbee Caldwell Carswell Chandler Clarke of Monroe Cloer Coker Collins Conner Cox Crowe Culpepper Davis Deen Dickey Dorminy

Doster Duncan of Fannin Duncan of Carroll Dunn Echols Fitzgerald Flexer Floyd Fordham Fowler of Douglas Fowler of Treutlen Funk Fuqua Greene Hale Hall of Lee Hall of Floyd Harrell

MONDAY, JANUARY 23, 1961

303

Henderson Hodges Horton Howard Hull Hurst Jernigan Joiner Jones of Lumpkin Jordan Keadle Kelly Keyton Kidd Killian Killingsworth King Kirkland Knight of Laurens Knight of Berrien Lane Lanier Lee Lewis Loggins Lokey Lowrey Mackay Massee Matthews of Clarke Matthews of Colquitt McClelland McCutchen McDonald Melton

Milhollin Miller Mixon Moate Moore Moorman Morgan Morris Moss Mullis Newton Odom Pannell Paris Parker of Ware Parker of Appling Farmer Payton Phillips of Columbia Phillips of Walton Phillips of Bibb Pickard Potts Purcell Ray Roberts Rodgers of Charlton Rogers of Paulding Ross Rowland Sangster Scarborough Scoggin Sheffield Shuman

Those voting in the negative were Messrs.:

Black Bynum Clark of Catoosa Dollar Fleming Hill

Jones of Worth Lovett NeSmith Poole Roper Singer

Those not voting were Messrs.:

Abney Ballard

Bozeman Brackin

Simmons Simp son Sinclair Smith of Fulton Smith of Habersham Smith of Whitfield Steis Story Stuckey Summers Tabb Taylor of Dawson Taylor of Bibb Teague Thornton Twitty Undercofler Underwood of
Montgomery Vaughn Waldrop Walker of Telfair Ware Wells of Oconee Wells of Camden White Wilkes Williams of Coffee Williams of Hall Willingham Wilson Woodward Young
Taylor of Decatur Tucker Walker of Lowndes Watson
Brooks of Oglethorpe Budd

304

JOURNAL OF THE HOUSE,

Chance Cocke Crawford Dicus Flynt Johnson Jones of Liberty Jones of Sumter Kimmons

McCracken McGarity Murphy Otwell Parker of Screven Pelham Raulerson Smith of Grady Smith of Brantley

Stevens Strickland Tamplin Todd Underwood of Taylor Wells of Peach Wickham Mr. Speaker

On the passage of the Bill, by substitute as amended, the ayes were 157, nays 16.

The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

Mr. Abney of Walker stated that had he been on the floor of the House when the roll was called, he would have voted "Aye" on HB 66.

HR 19-39. By Mr. Kirkland of Tattnall:
A Resolution authorizing payment of costs in habeas corpus proceedings to the Clerk of Tattnall Superior Court and Reidsville City Court; and for other purposes.

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

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Akins Andrews of Stephens Andrews of Hall Arnsdorff Ballard Barber Barnett of Wilkes Barrett Baughnian Birdsong Black Blalock Bolton Bowen of Randolph Bowen of Toombs Boyett Bozeman Brackin Branch Brown Bynum

Caldwell Carswell Chance Chandler Clark of Catoosa Cloer Cocke Coker Collins Conner Cox Davis Deen Dickey Dollar Duncan of Fannin Echols Fitzgerald Fleming Flexer Fordham Funk

Fuqua Hall of Lee Harrell Henderson Hodges Horton Hull Jernigan Johnson Joiner Jones of Worth Jones of Lumpkin Jordan Keadle Kelly Kidd Killian Killingsworth King Kirkland Knight of Laurens Knight of Berrien

MONDAY, JANUARY 23, 1961

305

Lane Lanier Lee Lewis Logging Lowrey Mackay Matthews of Clarke Matthews of Colquitt McClelland McCracken McDonald McGarity Mixon Moate Moorman Morris Murphy Odom Paris Parker of Screven Parker of Ware Parker of Appling Farmer

Payton Pelham Phillips of Columbia Phillips of Walton Phillips of Bibb Poole Potts Raulerson Ray Roberts Rodgers of Charlton Ross Rowland Rutland Sangster Scoggin Shuman Smith of Grady Smith of Brantley Smith of Fulton Smith of Whitfield Steis Stevens Strickland

Voting in the negative was Mr. Walker of Lowndes.

Stuckey Tabb Tamplin Teague Thornton Tucker Twitty Underwood of
Montgomery Underwood of Taylor Vaughn Waldrop Walker of Telfair Ware Watson Wells of Peach Wells of Oconee Wells of Camden White Wickham Wilkes Williams of Hall

Those not voting were Messrs.:

Adams Barnett of Baker Boggs Brooks of Oglethorpe Brooks of Pulton Budd Busbee Clarke of Monroe Crawford Crowe Culpepper Dicus Dorminy Doster Duncan of Carroll Dunn Floyd Flynt Fowler of Douglas Fowler of Treutlen Greene Hale Hall of Floyd

Hill Howard Hurst Jones of Liberty Jones of Sumter Keyton Kimmons Lokey Lovett Massee McCutchen Melton Milhollin Miller Moore Morgan Moss Mullis NeSmith Newton Otwell Pannell Pickard

Purcell Rogers of Paulding Roper Scarborough Sheffield Simmons Simpson Sinclair Singer Smith of Habersham Story Summers Taylor of Dawson Taylor of Decatur Taylor of Bibb Todd Undercofler Williams of Coffee Willingham Wilson Woodward Young Mr. Speaker

On the adoption of the Resolution, the ayes were 125, nays 1.

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

306

JOURNAL OF THE HOUSE,

HB 56. By Messrs. Bolton of Spalding, Hale of Bade, and others:
A Bill to be entitled an Act to amend an Act so as to provide that all municipalities shall be authorized to expend funds to map, plat, and appraise all taxable properties in the municipality, and to make reevaluations of taxable property; and for other purposes.

The following substitute was read and adopted:
A BILL
To be entitled an Act to amend Code Chapter 92-40, relating to municipal tax assessors and boards of tax appeals, as amended, so as to provide that all municipalities shall be authorized to expend funds to map, plat, catalog, index and appraise certain taxable properties in the municipality, and to make re-evaluations of taxable property, and to search out and appraise unreturned properties or to purchase such information from any county or political subdivision of the State of Georgia; to repeal conflicting laws; and fo rother purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1
Code Chapter 92-40, relating to municipal tax assessors and boards of tax appeals, as amended, is hereby amended by adding a new Sec tion to said Chapter to read as follows:
"92-4003. The municipal board of tax assessors in each munici pality may, subject to the approval of the governing authorities of such municipality, enter into contracts with firms, individuals, or corporations for the employment of such persons to assist the said boards in the mapping, platting, cataloging, indexing and ap praising of taxable properties in the municipality, other than those assessed by the Georgia Department of Revenue, and to make, sub ject to the approval of such board of assessors, re-evaluations of taxable property and to search out and appraise unreturned proper ties in such municipalities, or to purchase such information from any county or political subdivision of the State of Georgia. The expense of such employees and said work shall be paid, subject to the contracts, first being approved by the municipal governing authority, out of the municipalities funds as a part of the expenses of the said boards."
SECTION 2
All laws and parts of laws in conflict with this Act are hereby repealed.

The report of the committee, which was favorable to the passage of the Bill, was agreed to, by substitute.

On the passage of the Bill, by substitute, the ayes were 118, nays 0.

The Bill, having received the requisite constitutional majority, was passed by substitute.

MONDAY, JANUARY 23, 1961

307

Mr. Twitty of Mitchell moved that the House do now adjourn until tomorrow morning at 11:30 o'clock A.M., and the motion prevailed.

The Speaker announced the House adjourned until tomorrow morning at 11:30 o'clock A.M.

308

JOURNAL OF THE HOUSE,

\

Representative Hall, Atlanta, Georgia

Tuesday, January 24, 1961

The House met pursuant to adjournment at 11:30 o'clock, A.M., this day and was called to order by the Speaker.

Prayer was offered by the Chaplain.

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

Mr. Black of Webster, Chairman of the Committee on Auditing, Enrolling, Engrossing and Journals reported that the Journal of the previous legislative day 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 uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions. 7. That the Speaker may in his discretion call up any Bill on the General
Calendar in any order that he desires.
Leave of absence was granted Mr. Odom of Dougherty for this date because of illness.
Mr. Steis of Harris asked unanimous consent that the House reconsider its action in not passing the following Bill of the House:

HB 59. By Messrs. Bolton of Spalding, Hale of Dade and others: A Bill to be entitled an Act relating to the perquisites for deeds before same are admitted to record; and for other purposes.
The consent was granted and the Bill took its place on the calendar.
By unanimous consent, the following Bills and Resolutions of the House were read the first time and referred to the committees:
HB 192. By Mr. Arnsdorff of Effingham: A Bill to be entitled an Act to amend an Act creating a new charter of

TUESDAY, JANUARY 24, 1961

309

the Town of Guyton, so as to change the name of said Town to the City of Guyton; and for other purposes.
Referred to the Committee on Local Affairs.

HB 193. By Mr. Arnsdorff of Effingham:
A Bill to be entitled an Act to provide for the registration of voters eligible to vote in the Town of Rincon election; and for other purposes.
Referred to the Committee on Local Affairs.

HB 194. By Mr. Arnsdorff of Effingham:
A Bill to be entitled an Act to amend an Act to create a Board of Com missioners of Roads and Revenues for the County of Effingham; and for other purposes.
Referred to the Committee on Local Affairs.

HB 195. By Mr. Killian of Glynn:
A Bill to be entitled an Act imposing a statutory civil penalty upon a seller of obscene books and magazines; and for other purposes.
Referred to the Committee on Industry.
HB 196. By Mr. Vaughn of Rockdale:
A Bill to be entitled an Act to provide that in counties having a popula tion of not less than 10,500 nor more than 10,900 any person charged with any offense under the game and fish laws shall be allowed to enter a plea of guilty in the court of Ordinary of such counties; and for other purposes.
Referred to the Committee on Natural Resources.
HB 197. By Mr. Vaughn of Rockdale:
A Bill to be entitled an Act to amend an Act known as "Adoption Laws Revised," so as to provide that consent of the father to let his minor child be adopted by another person shall not be required where the father has failed to support the child for a period of twelve months or longer whether ordered to do so by a court of competent jurisdiction or other wise; and for other purposes.
Referred to the Committee on General Judiciary.

HB 198. By Messrs. Floyd of Chattooga, Johnson of Jenkins, Arnsdorff of Effing ham and Parker of Screven:
A Bill to be entitled an Act to provide that it shall be unlawful for per sons to negotiate with or communicate with any person injured in an accident relative to a claim such person has or may have until the elapse of a specified period of time; and for other purposes.
Referred to the Committee on Judiciary.

310

JOURNAL OF THE HOUSE,

HB 199. By Messrs. Andrews of Hall, Taylor and Phillips of Bibb, Loggins of Chattooga, Arnsdorff of Effingham, Dicus of Muscogee and others:
A Bill to be entitled an Act to amend an Act relating to deductions from gross income for income tax purposes, so as to provide for the deduction of Federal income taxes; and for other purposes.
Referred to the Committee on Ways and Means.

HB 200. By Messrs. Vaughn of Rockdale, Mackay, Howard and Rutland of DeKalb, Ballard of Newton and Hale of Bade:
A Bill to be entitled an Act to amend an Act to provide that the Supreme Court of Georgia shall have the authority to prescribe rules and regula tions governing the eligibility of an applicant for the admission to the practice of law; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 201. By Messrs. Vaughn of Rockdale, Mackay, Howard and Rutland of DeKalb, Ballard of Newton and Hale of Bade:
A Bill to be entitled an Act to amend an Act pertaining to the proceed ings for the disbarment of attorneys at Law; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 202. 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 retirement benefits; and for other purposes.
Referred to the Committee on Local Affairs.

HB 203. By Messrs. M. Smith, McClelland of Fulton and Brooks of Fulton:
A Bill to be entitled an Act to amend an Act to provide in certain cities, pensions to officers and employees should be provided; and for other purposes.
Referred to the Committee on Local Affairs.

HB 204. By Messrs. M. Smith, McClelland and Brooks of Fulton:
A Bill to be entitled an Act to amend an Act providing a system of pen sions and other benefits for members of paid fire departments in cities having a population of more than 150,000; and for other purposes.
Referred to the Committee on Local Affairs.

HB 205. 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.

TUESDAY, JANUARY 24, 1961

311

HB 206. By Messrs. M. Smith, McClelland and Brooks of Fulton:
A Bill to be entitled an Act to establish a new retirement system for all county employees including employees of the County Board of Education in Fulton County; and for other purposes.
Referred to the Committee on Local Affairs.

HB 207. By Mr. McDonald of White:
A Bill to be entitled an Act to amend an Act providing retirement bene fits for the Clerks of the Superior Courts of Georgia, so as to eliminate the age required for retirement; and for other purposes.
Referred to the Committee on State of Republic.

HB 208. By Mr. McDonald of White:
A Bill to be entitled an Act to amend an Act providing for the compen sation of the Tax Commissioner in counties having a population of not less than 6,910 and not more than 6,950; and for other purposes.
Referred to the Committee on Local Affairs.

HB 209. By Mr. McCutchen of Gilmer:
A Bill to be entitled an Act to provide for a change in the rate of taxa tion upon real and personal property within the limits of East Ellijay; and for other purposes.
Referred to the Committee on Local Affairs.

HB 210. 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, so as to provide that the Mayor and Board of Aldermen are authorized to prescribe, by ordinance, penalties for any one convicted or who enters a plea of guilty or a plea of nolo contendere for being in contempt of a municipal court of the City of Atlanta; and for other purposes.
Referred to the Committee on Local Affairs.

HB 211. By Messrs. Kidd and Chandler of Baldwin:
A Bill to be entitled an Act to amend an Act so as to provide that the salary of officials or employees of an incorporated town, city, county or State government may be garnished; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 212. By Mr. Massee of Pulaski:
A Bill to be entitled an Act to amend an Act creating the office of Com missioner of Roads and Revenues of Pulaski County; and for other pur poses.
Referred to the Committee on Local Affairs.

312

JOURNAL OF THE HOUSE,

HB 213. By Mr. Massee of Pulaski:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Hawkinsville, so as to change the city limits; and for other purposes.
Referred to the Committee on Local Affairs.

HB 214. By Messrs. Pickard, Wickham and Dicus of Muscogee:
A Bill to be entitled an Act to provide that the terms of office of mem bers of county boards of tax assessors in counties having a population of not less than 150,000 and not more than 175,000, shall be three years and until their successors are duly appointed and qualified; and for other purposes.
Referred to the Committee on Local Affairs.

HB 215. By Messrs. Pickard, Wickham and Dicus of Muscogee:
A Bill to be entitled an Act to provide for certain fees which clerks of the superior courts may charge in counties having a population of not less than 150,000 and not more than 175,000; and for other purposes.
Referred to the Committee on Local Affairs.

HB 216. By Mr. Sinclair of Macon:
A Bill to be entitled an Act to amend an Act creating the office of Com missioners of Roads and Revenues of Macon County; and for other pur poses.
Referred to the Committee on Local Affairs.

HB 217. By Mr. Kidd of Baldwin:
A Bill to be entitled an Act to provide a punishment for any person who collects taxes imposed by terms of the Georgia Retailers' and Consumers Sales and Use Tax Act, and who fails to remit said taxes to the Com missioner; and for other purposes.
Referred to the Committee on Ways and Means.
HB 218. By Mr. Kidd of Baldwin:
A Bill to be entitled an Act to amend an Act entitled "Georgia Retailers' and Consumers' Sales and Use Tax Act, so as to provide brackets of prices for the collection of the tax imposed by said Act; and for other purposes.
Referred to the Committee on Ways and Means.

HB 219. By Messrs. Dicus of Muscogee, Phillips of Walton and Matthews of Clarke:
A Bill to be entitled an Act to provide for the examination of master and journeyman plumbers and steamfitters in certain counties; and for other purposes.
Referred to the Committee on Industry.

TUESDAY, JANUARY 24, 1961

313

HB 220. By Messrs. Ballard of Newton, Underwood of Montgomery and Hurst of Quitman:
A Bill to be entitled an Act to authorize the State Highway Department to pay or participate in the payment of the cost of removing and relocat ing water distribution and sanitary sewer facilities owned by municipal corporations, counties, or other governmental subdivisions of the State of Georgia, or by authorities controlled by such municipal corporations, etc.; and for other purposes.
Referred to the Committee on Highways.

HB 221. By Messrs. Kidd and Chandler of Baldwin:
A Bill to be entitled an Act for the creation of the Milledgeville State Hospital Employees' Retirement fund; to provide for the distribution and the appropriation of such funds; and for other purposes.
Referred to the Committee on State of Republic.

HB 222. By Messrs. Bozeman and Keyton of Thomas:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Pavo; and for other purposes.
Referred to the Committee on Local Affairs.

HB 223. By Messrs. Bozeman and Keyton of Thomas:
A Bill to be entitled an Act to amend an Act establishing a system of public schools in the City of Thomasville, so as to increase the maximum tax rate which may be levied for the maintenance and operation of said public schools; and for other purposes.
Referred to the Committee on Local Affairs.

HB 224. By Messrs. Bozeman and Keyton of Thomas:
A Bill to be entitled an Act to amend an Act to establish the City Court of Thomasville; and for other purposes.
Referred to the Committee on Local Affairs.

HB 225. By Messrs. Keyton and Bozeman of Thomas:
A Bill to be entitled an Act to amend an Act creating a Small Claims Court in counties having a population of not less than 33,500 and not more than 33,990; and for other purposes.
Referred to the Committee on Local Affairs.

HB 226. By Messrs. Murphy of Haralson and Rogers of Paulding:
A Bill to be entitled an Act to provide for change in the time of holding Superior Court in the Tallapoosa Judicial Circuit; and for other pur poses.
Referred to the Committee on Local Affairs.

314

JOURNAL OF THE HOUSE,

HR 76-226. By Mr. Hall of Lee:
A Resolution to compensate Mr. James McBride (State Highway Dept.) ; and for other purposes.
Referred to the Committee on Appropriations.

HR 77-226. By Mr. Budd of Lowndes:
A Resolution to compensate B. B. Burgess (Dept. of Corrections) ; and for other purposes.
Referred to the Committee on Appropriations.

HR 78-226. By Mr. Vaughn of Rockdale:
A Resolution proposing an amendment to the Constitution so as to au thorize the General Assembly to empower the governing authority of Rockdale County to enact ordinances for the policing and governing of said county and the enforcement of all duties and powers now or here after vested in the said governing authority; and for other purposes.
Referred to the Committee on Local Affairs.

HB 227. By Messrs. Brown of Hart, Purcell of Franklin, Boggs of Madison and Brooks of Oglethorpe:
A Bill to be entitled an Act to provide compensation for the Judge of the Superior Court of the Northern Judicial Circuit; and for other purposes.
Referred to the Committee on Local Affairs.

HB 228. By Messrs. Twitty of Mitchell, Lovett of Laurens and Cox of Clarke:
A Bill to be entitled an Act to amend an Act, so as to provide for final settlements of doubtful and disputed claims, subject to approval of the State Board of Workmen's Compensation; to define further "injury" and "Personal injury"; and for other purposes.
Referred to the Committee on Industrial Relations.
HB 229. By Mr. Twitty of Mitchell:
A Bill to be entitled an Act to amend an Act making provisions for the licensure of applied psychologists, through a State Board of Examiners of Psychologists; and for other purposes.
Referred to the Committee on Hygiene and Sanitation.
HB 230. By Messrs. Willingham of Cobb, Pelham of Schley, Stevens of Marion, Culpepper of Talbot, Wilson and Teague of Cobb, Phillips of Bibb, Moate of Hancock, Fowler of Douglas, Tamplin of Morgan and others:
A Bill to be entitled an Act to repeal an Act creating the "Georgia Real Estate Investment Board," so as to abolish the Georgia Real Estate Investment Board; to provide that this shall not reinstate or recreate the "Georgia Industrial Development Administration"; and for other purposes.
Referred to the Committee on Industry.

TUESDAY, JANUARY 24, 1961

315

HB 231. By Messrs. Blalock of Clayton and Rutland of DeKalb:
A Bill to be entitled an Act to amend an Act relating to the levy, assess ment, and collection of income taxes imposed thereunder; and for other purposes.
Referred to the Committee on Ways and Means.

HB 232. By Messrs. Blalock of Clayton and Rutland of DeKalb:
A Bill to be entitled an Act relating to the imposition, assessment and collection of estate taxes, and relating to non-resident decedents; and for other purposes.
Referred to the Committee on Ways and Means.

HB 233. By Messrs. Blalock of Clayton and Rutland of DeKalb:
A Bill to be entitled an Act to amend an Act relating to the levy, assess ment and collection of income taxes; relating to the application of the income tax to fiduciaries, estate and trusts, beneficiaries thereof and grantors and others treated as substantial owners; and for other pur poses.
Referred to the Committee on Ways and Means.

HB 234. By Messrs. Crawford, Dickey and Punk of Chatham, and Jones of Lib erty:
A Bill to be entitled an Act to amend an Act so as to provide a trial by jury in cases of civil and criminal contempt except when said contempt was committed within the court's presence; and for other purposes.
Referred to the Committee on Judiciary.

HB 235. By Messrs. Crawford, Dickey and Funk of Chatham:
A Bill to be entitled an Act to establish a Local Government Commission in Savannah and Chatham County; and for other purposes.
Referred to the Committee on Local Affairs.

HB 236. By Messrs. Crawford, Dickey and Funk of Chatham:
A Bill to be entitled an Act to amend an Act incorporating, and creating a Charter for the City of Port Wentworth; to change and/or fix the time for adoption of license ordinances relating to businesses, occupa tions, professions, trades or vocations carried on or engaged in within said city; and for other purposes.
Referred to the Committee on Local Affairs.

HB 237. By Messrs. Crawford, Funk and Dickey of Chatham:
A Bill to be entitled an Act amending an Act creating and establishing the Municipal Court of Savannah; and for other purposes.
Referred to the Committee on Local Affairs.

316

JOURNAL OF THE HOUSE,

HB 238. By Messrs. Funk, Crawford and Dickey of Chatham:
A Bill to be entitled an Act to amend an Act creating a Civil Service System for the County of Chatham; and for other purposes.
Referred to the Committee on Local Affairs.

Mr. Lanier of Candler 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 recommendations:
HB 109. Do Pass, as Amended.
Respectfully submitted,
Lanier of Candler, Chairman.

Mr. Busbee of Dougherty 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:

HB 70. Do Not Pass.

SB 6. Do Pass, by Committee Substitute.

HB 34. Do Pass.

HB 172. Do Pass.

HB 146. Do Pass.

Respectfully submitted,

Busbee of Dougherty, Chairman.

Mr. Caldwell of Upson County, Chairman of the Committee on Motor Ve hicles, submitted the following report:

Mr. Speaker:

Your Committee on Motor Vehicles has had under consideration the follow ing Bills of the House and has instructed me, as Chairman, to report the same back to the House with the following recommendations:

HB 39. Do Pass, as Amended.

HB 94. Do Pass.

Respectfully submitted,

Caldwell of Upson, Chairman.

TUESDAY, JANUARY 24, 1961

317

Mr. Twitty of Mitchell County, Vice-Chairman of the Committee on Rules, submitted the following report:
Mr. Speaker:
Your Committee on Rules has had under consideration the following Resolu tions of the House and has instructed me, as Vice-Chairman, to report the same back to the House with the following recommendations:
HR 54. Do Pass.
HR 62. Do Pass.
Respectfully submitted,
Twitty of Mitchell, Vice-Chairman.

Mr. Bolton of Spalding County, Chairman of the Committee on Special Judiciary, submitted the following report:
Mr. Speaker:
Your Committee on Special Judiciary has had under consideration the follow ing Bills of the House and has instructed me, as Chairman, to report the same back to the House with the following recommendations:
HB 171. Do Pass.
HB 175. Do Pass.
Respectfully submitted,
Bolton of Spalding, Chairman.

Mr. Duncan of Carroll County, Chairman of the Committee on Welfare, submitted the following report:
Mr. Speaker:
Your Committee on Welfare has had under consideration the following Bill of the House and has instructed me, as Chairman, to report the same back to the House with the following recommendations:
HB 48. Do Pass.
Respectfully submitted,
Duncan of Carroll, Chairman.

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

HB 176. By Mr. Otwell of Forsyth:
A Bill to be entitled an Act to provide that the Ordinary of Forsyth County shall receive $100.00 per month in addition to fees; and for other purposes.

318

JOURNAL OP THE HOUSE,

HB 177. By Mr. Otwell of Forsyth:
A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Roads and Revenues for Forsyth County; and for other purposes.

HB 178. By Mr. Raulerson of Echols:
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 clarify the definition of big game; and for other purposes.

HB 179. By Mr. Hall of Lee:
A Bill to be entitled an Act to provide that in all counties having a population of not less than 6,200 and not more than 6,220, the Ordinary shall be eligible to be appointed to fill a vacancy in the office of Judge of said court until a successor is elected at a general election and quali fied; and for other purposes.
HB 180. By Mr. Watson of Houston:
A Bill to be entitled an Act to repeal an Act entitled "Houston Tax Receiver"; and for other purposes.
HB 181. By Messrs. Hodges and Parker of Ware, Young of Turner, Roper of Greene, Doster of Wilcox, Jones of Sumter and Jernigan of Clinch:
A Bill to be entitled an Act to amend an Act relating to the powers of the Public Service Commission to exercise general supervision over all common carriers, railroads and related facilities and relating to the safety of the public and railroad employees; and for other purposes.
HB 182. By Messrs. Duncan and Waldrop of Carroll:
A Bill to be entitled an Act to amend an Act relating to the establish ment of the City Court of Carrollton; and for other purposes.
HB 183. By Mr. Rogers of Paulding:
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 this Act shall not apply to medicine sold pursuant to a prescription given by a licensed doctor of medicine or dentistry; and for other purposes.
HB 184. By Messrs. Hodges and Parker of Ware:
A Bill to be entitled an Act to amend an Act to provide and establish a new charter for the City of Waycross, relating to Insurance for em ployees of the City of Waycross; and for other purposes.

HB 185. By Mr. Scarborough of Crawford:
A Bill to be entitled an Act to amend an Act to prescribe and limit the compensation of the Treasury of Crawford County for receiving and disbursing the county money, and to fix the salary for his services; and for other purposes.

TUESDAY, JANUARY 24, 1961

319

HE 186. By Messrs. Lee and Blalock of Clayton:
A Bill to be entitled an Act to amend an Act so as to increase the pay ment of fees to any peace officer in counties having a population of not less than 45,500 or more than 47,000; and for other purposes.

HB 187. By Mr. Boggs of Madison:
A Bill to be entitled an Act to amend an Act creating the office of Solicitor-General Emeritus and the Solicitor's General retirement Fund of Georgia, so as to provide additional methods of qualification under said fund; and for other purposes.

HB 188. By Messrs. Smith and Boyett of Whitfield:
A Bill to be entitled an Act to amend an Act effecting a complete revi sion of the laws of this State relating to the qualification and registra tion of voters, so as to provide that persons now registered and persons who will register in the future shall register by political parties or as independents; and for other purposes.

HB 189. By Messrs. Duncan of Carroll, Scoggin of Ployd, Twitty of Mitchell, Lowrey of Floyd and Underwood of Montgomery:
A Bill to be entitled an Act to amend an Act providing a comprehensive vital statistics law, so as to change the provisions relating to the open ing of sealed records; to prescribe the procedure for providing birth certificates for certain adopted children not born in the State of Geor gia; and for other purposes.

HR 71-189. By Mr. Chance of Twiggs:
A Resolution to compensate Alton V. White, Jr. (Dept. of Corrections) ; and for other purposes.
HB 190. By Mr. Steis of Harris:
A Bill to be entitled an Act to create and incorporate the City of Shiloh, in Harris County, and to grant a charter to that municipality under that name and style; to provide a municipal government for said city; and for other purposes.
HB 191. By Messrs. Phillips, Taylor and Thornton of Bibb:
A Bill to be entitled an Act to amend an Act relating to additional duties of the Clerks cf the Superior Courts, so as to define the term "Grantor"; and for other purposes.
SB 10. By Senator Overby of the 33rd:
A Bill to be entitled an Act to amend an Act providing for a uniform method of fixing, limiting and restricting the salaries, allowances and travel expenses of certain State officials; and for other purposes.
SB 11. By Senator Overby of the 33rd:
A Bill to be entitled an Act to amend Code Section 40-901, as amended, relating to the election, salary, and term of office of the Treasurer of

320

JOURNAL OF THE HOUSE,

the State of Georgia, so as to clarify the provisions thereof; to change compensation; to repeal conflicting laws; and for other purposes.

SB 24. By Senator Conger of the 8th:
A Bill to be entitled an Act to provide that no child shall be forced to attend school with a child of another race; to repeal conflicting laws; and for other purposes.

SR 18. By Senator White of the 39th:
A Resolution authorizing the State Parks Department to investigate the feasibility of creating a new State Park in the Factory Shoals area in Douglas County; and for other purposes.

The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has passed, as amended, by the requisite constitutional majority the following Bill of the House, to wit:
HB 40. By Mr. McCutchen of Gilmer:
A Bill to amend, consolidate and supersede the several Acts incorporat ing 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 following Bills and Resolutions of the House, to wit:
HB 11. By Messrs. McClelland of Fulton, Smith of Fulton and Brooks of Fulton:
A Bill to amend the Act providing that cities having a population of more than 150,000 shall furnish pensions to officers and employees so as to provide that the compulsory retirement provisions shall not apply to the position of Assistant City Attorney; and for other purposes.
HB 18. By Messrs. Pickard, Dicus and Wickham of Muscogee:
A Bill to create the Muscogee County School District, to provide for a First and Second Vice-President of the Muscogee County Board of Education; and for other purposes.
HB 21. By Messrs. Crawford, Funk and Dickey of Chatham:
A Bill to repeal an Act entitled "Local Government Improvement Com mission in Certain Counties"; and for other purposes.
HB 27. By Messrs. Kidd and Chandler of Baldwin:
A Bill to amend an Act relating to fees paid to coroners, so as to exempt certain counties from the operation of certain sections from said Act; and for other purposes.

TUESDAY, JANUARY 24, 1961

321

HB 30. By Messrs. Kidd and Chandler of Baldwin:
A Bill to amend an Act abolishing the office of the members of the County Board of Tax Assessors in counties having a population of not less than 29,050 nor more than 30,275; and for other purposes.

HB 42. By Mr. Bowen of Toombs:
A Bill to amend an Act relating to the creation of a five-man board of Commissioners of Roads and Revenues for Toombs County; and for other purposes.

HB 43. By Mr. Brackin of Seminole:
A Bill to amend an Act relating to the compensation of the Treasurer of Seminole County; and for other purposes.

HB 47. By Mr. Smith of Grady:
A Bill to amend an Act creating a Small Claims Court in certain coun ties; and for other purposes.

HB 50. By Messrs. Fleming, Hull and Fuqua of Richmond:
A Bill to amend the Charter of the City of Augusta, relating to the fire department; and for other purposes.

HB 51. By Messrs. Fleming, Hull and Fuqua of Richmond:
A Bill to amend the charter of the City of Augusta, so as to grant the City Council the right to condemn private property in Richmond County outside and beyond its corporate city limits for the construction and laying down of drains and sewers; and for other purposes.

HB 54. By Mr. Culpepper of Talbot:
A Bill to amend an Act creating the office of Tax Commissioner of Talbot County, so as to change the compensation of the Tax Commis sioner; and for other purposes.
HB 60. By Messrs. Phillips, Thornton and Taylor of Bibb:
A Bill to amend the Act relating to how jurors' names shall be selected from the jury box, in certain counties; and for other purposes.
HB 61. By Messrs. Payton and Potts of Coweta:
A Bill to amend an Act relating to the Charter of the City of Newnan and creating the office of City Manager of the City of Newnan and relating to Newnan Water Sewerage and Light Commission; and for other purposes.
HB 63. By Mr. Duncan of Fannin:
A Bill to provide for a monthly salary for the Tax Receiver of Fannin County; to provide that said compensation shall be in addition to all compensation presently being received by said official; and for other purposes.

322

JOURNAL OP THE HOUSE,

HB 68. By Mr. Boggs of Madison:
A Bill to provide that the salary of the Clerk of the Commission of Roads and Revenues in Madison County shall be fixed at $2600.00 per year; and for other purposes.

HB 69. By Mr. Ray of Warren:
A Bill to provide for the extension of the corporate limits of the City of Warrenton; and for other purposes.

HB 71. By Messrs. Lee and Blalock of Clayton:
A Bill to amend an Act placing the Ordinary of Clayton County on a salary basis in lieu of a fee basis; and for other purposes.

HE 70. By Messrs. Twitty of Mitchell and Smith of Emanuel:
A Resolution relative to the Civil War Centennial; and for other pur poses.

HR 72. By Mr. Smith of Emanuel:
A Resolution relative to the "Mansion Sites Commission"; and for other purposes.

HR 73. By Messrs. Rutland, Mackay and Howard of DeKalb:
A Resolution relating to the Stone Mountain Scenic Railroad; and for other purposes.

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

SB 3. By Senator Claxton of the 21st:
A Bill to amend Code Section 40-504, relating to the salary of the Secre tary of State, as amended, so as to provide for the compensation of the Secretary of State; to repeal conflicting laws; and for other purposes.
SB 19. By Senator Grayson of the 1st:
A Bill to amend an Act approved March 18, 1937 (Ga. Laws 1937, pp. 167-207), and as subsequently amended by an Act approved March 20, 1943 (Ga. Laws 1943, pp. 340-341), entitled "Motor Fuel Tax Law" and incorporated in the Code of Georgia, 1933 as Code Section 92-1403, exempting from tax, the sale of motor fuel and/or kerosene, to consti tutionally created public authorities; and for other purposes.
SB 4. By Senators Claxton of the 21st and Sanders of the 18th:
A Bill to amend an Act providing a uniform method fixing, limiting and restricting the salaries, allowances and travel expenses of certain State

TUESDAY, JANUARY 24, 1961

323

officials, approved March 12, 1953 (Ga. Laws 1953, Jan.-Feb. Sess., p. 613), as amended, so as to remove the Secretary of State from the pro visions of said Act; to repeal conflicting laws; and for other purposes.

SB 5. By Senators Conger of the 8th and Sanders of the 18th:
A Bill to amend an Act creating the "Georgia Historical Commission" approved February 21, 1951 (Ga. Laws 1951, p. 789), as amended by an Act approved February 15, 1952 (Ga. Laws 1952, p. 152), so as to change the provisions relating to the compensation of the Secretary of the Commission; to repeal conflicting laws; and for other purposes.

SB 15. By Senator Waters of the 41st:
A Bill to amend an Act creating a County Commissioner of Roads and Revenues and an Advisory Board of Gilmer County, approved Feb. 23, 1943 (Ga. Laws 1943, p. 1021), as amended; to repeal conflicting laws; and for other purposes.

SB 16. By Senator Brown of the 52nd:
A Bill to provide that all Judges Emeritus, who, prior to becoming such, were Judges of the Superior Court of the Atlanta Judicial Circuit, shall be provided offices in the Court House and adequate secretarial assist ance upon request of such Judge Emeritus; to repeal conflicting1 laws; and for other purposes.
SB 21. By Senator Brown of the 52nd:
A Bill to amend Section 4 of the Voter's Registration Act of 1958, ap proved March 25, 1958 (Ga. Laws 1958, pp. 269 et seq.), so as to provide for places of registration in counties having a population of more than 500,000 according to the last or any future Federal decennial census; to repeal conflicting laws; and for other purposes.
SB 22. By Senator Brown of the 52nd:
A Bill to amend the voters registration Act approved March 25, 1958 (Ga. Laws 1958, pp. 269 et seq.), as amended, so as to repeal Section 4 of said Act and provide in lieu thereof for registrars in counties having a population of more than 500,000, according to the last or any future Federal decennial Census; to repeal conflicting laws; and for other pur poses.
SB 25. By Senator Raynor of the 4th:
A Bill to amend an Act creating a Board of County Commissioners of Roads and Revenues for the County of Charlton, approved August 4, 1927 (Ga. Laws 1927, p. 529), as amended, so as to reapportion the road districts in said county; to provide for procedures connected therewith; so as to change the meeting day of said board; and for other purposes.
SB 26. By Senator Raynor of the 4th:
A Bill to amend an Act changing the compensation of the Sheriff and the Ordinary of Charlton County from a fee to a salary system; to provide the procedure in connection therewith; to provide the salaries of such officers; and for other purposes.

324

JOURNAL OF THE HOUSE,

SR 20. By Senator Sanders of the 18th:
A Resolution creating a committee to make a study of the Peace Offi cers' Annuity and Benefit Fund; and for other purposes.

SR 21. By Senator Brown of the 62nd:
A Resolution relating to the placing of monuments at Gettysburg and Antietam; and for other purposes.

SR 22. By Senator Brown of the 52nd:
A Resolution relating to the statue of John B. Gordon; and for other purposes.

SR 11. By Senator Dews of the 9th:
A Resolution proposing to the qualified voters of Calhoun County an amendment to Article VII, Section VII, Paragraph V, of the Constitu tion of Georgia of 1945, so as to authorize Calhoun County to issue cer tain revenue anticipation obligations known as revenue bonds for the purposes therein stated.

SR 8. By Senator Grayson of the 1st:
A Resolution proposing to the qualified voters of Chatham County, an amendment to Article VII, Section I, Paragraph IV, of the Constitution of the State of Georgia, by authorizing certain tax exemptions to en courage the industrial growth and expansion of Chatham County; and for other purposes.

By unanimous consent, the following Bills and Resolutions of the Senate were read the first time and referred to the committees:

SB 3. By Senator Claxton of the 21st:
A Bill to be entitled an Act to amend Code Section 40-504, relating to the salary of the Secretary of State, as amended, so as to provide for the compensation of the Secretary of State; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Rules.

.SB 4. By Senators Claxton of the 21st and Sanders of 18th:
A Bill to be entitled an Act to amend an Act providing a uniform method of fixing, limiting and restricting the salaries, allowances and travel expenses of certain State officials, as amended, so as to remove the Secretary of State from the provisions of said Act; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Rules.

SB 5. By Senators Conger of the 8th and Sanders of the 18th: A Bill to be entitled an Act to amend an Act creating the "Georgia His-

TUESDAY, JANUARY 24, 1961

325

torical Commission," so as to change the provisions relating to the com pensation of the Secretary of the Commission; and for other purposes.
Referred to the Committee on Rules.

SB 15. By Senator Waters of the 41st:
A Bill to be entitled an Act to amend an Act creating a County Com missioner of Roads and Revenues and an Advisory Board of Gilmer County, as amended; and for other purposes.
Referred to the Committee on Local Affairs.

SB 16. By Senator Brown of the 52nd:
A Bill to be entitled an Act to provide that all Judges Emeritus, who, prior to becoming such, were Judges of the Superior Court of the At lanta Judicial Circuit, shall be provided offices in the Court House and adequate secretarial assistance upon request of such Judge Emeritus; and for other purposes.
Referred to the Committee on Judiciary.

SB 19. By Senator Grayson of the 1st:
A Bill to be entitled an Act to amend an Act entitled "Motor Fuel Tax Law" and incorporated in the Code of Georgia, 1933 as Code Section 92-1403, exempting from tax, the sale of motor fuel and/or kerosene, to constitutionally created public authorities; and for other purposes.
Referred to the Committee on Ways and Means.

SB 21. By Senator Brown of the 52nd:
A Bill to be entitled an Act to amend Section 4 of the Voter's Registra tion Act of 1958, so as to provide for places of registration in counties having a population of more than 500,000, according to the last or any future Federal decennial census; and for other purposes.
Referred to the Committee on Local Affairs.
SB 22. By Senator Brown of the 52nd:
A Bill to be entitled an Act to amend the voter's registration Act, as amended, so as to repeal Section 4 of said Act and provide in lieu there of for registrars in counties having a population of more than 500,000, according to the last or any future Federal decennial Census; and for other purposes.
Referred to the Committee on Local Affairs.
SB 25. By Senator Raynor of the 4th:
A Bill to be entitled an Act to amend an Act creating a Board of County Commissioners of Roads and Revenues for the County of Charlton, as amended, so as to reapportion the road districts in said county; to pro vide for procedures connected therewith; so as to change the meeting day of said board; and for other purposes.
Referred to the Committee on Local Affairs.

326

JOURNAL OP THE HOUSE,

SB 26. By Senator Raynor of the 4th:
A Bill to be entitled an Act to amend an Act changing the compensation of the Sheriff from the Ordinary of Charlton County from a fee to a salary system; and for other purposes.
Referred to the Committee on Local Affairs.

SR 8. By Mr. Grayson of the 1st:
A Resolution proposing to the qualified voters of Chatham County, an amendment to Article VII, Section I, Paragraph IV, of The Constitu tion of the State of Georgia, by authorizing certain tax exemptions to encourage the industrial growth and expansion of Chatham County; and for other purposes.
Referred to the Committee on Ways and Means.

SR 11. By Senator Dews of the 9th:
A Resolution proposing to the qualified voters of Calhoun County an Amendment to Article VII, Section VII, Paragraph V, of the Constitu tion of Georgia of 1945, so as to authorize Calhoun County to issue certain revenue anticipation obligations known as revenue bonds for the purposes therein stated.
Referred to the Committee on Local Affairs.

SR 20. By Senator Sanders of the 18th:
A Resolution creating a committee to make a study of the Peace Offi cers' Annuity and Benefit Funds; and for other purposes.
Referred to the Committee on Rules.

SR 21. By Senator Brown of the 52nd:
A Resolution relating to the placing Of monuments at Gettysburg and Antietam; and for other purposes.
Referred to the Committee on State of Republic.

SR 22. By Senator Brown of the 52nd:
A Resolution relating to the statue of John B. Gordon; and for other purposes.
Referred to the Committee on Welfare.

By unanimous consent, the following Bills of the House were taken up for consideration and read the third time:
HB 119. By Messrs. Matthews and Cox of Clarke:
A Bill to be entitled an Act authorizing Clarke County to establish districts for the purpose of building and operating storm sewers and street lights; and for other purposes.
The following committee amendment was read and adopted:

TUESDAY, JANUARY 24, 1961

327

The committee of the House on Local Affairs moves to amend HB 119 as follows:
House Bill No. 119 be and hereby is amended by striking therefrom, in its entirety, Section 1, and substituting in lieu thereof the following wording as Section I:
"The Board of Commissioners of Roads and Revenues of Clarke County, Georgia, as the governing authority of said county, is hereby authorized and empowered to establish districts for the pur pose of building, erecting, establishing, maintaining and operating within Clarke County storm sewers for the removal and disposal of surface waters and streams; and a system of garbage collection, or either one of the foregoing, and to contract for street lighting service to illuminate the public streets, roads, sidewalks and ways situated in said county."

The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to.

On the passage of the Bill, as amended, the ayes were 110, nays 0.

The Bill, having received the requisite constitutional majority, was passed, as amended.

HB 118. By Messrs. Matthews and Cox of Clarke:
A Bill to be entitled an Act authorizing the governing authority of Clarke County to issue and require building permits; and for other purposes.

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

On the passage of the Bill, the ayes were 110, nays 0.

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

HB 120. By Messrs. Matthews and Cox of Clarke:
A Bill to be entitled an Act authorizing the governing authority of Clarke County to assess and collect license fees and occupational taxes against any person, firm or corporation who engages in any type of business in said county outside of municipalities; 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 110, nays 0.

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

328

JOURNAL OF THE HOUSE,

HB 121. By Messrs. Matthews and Cox of Clarke:
A Bill to be entitled an Act authorizing the governing authority of Clarke County to provide for the paving of streets in Clarke County and to authorize the cost of said paving to be assessed against the property on each side of such streets; and for other purposes.

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

On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 122. By Messrs. Matthews and Cox of Clarke: A Bill to be entitled an Act to provide that the governing authority of Clarke County may establish water, sanitation, sewerage and fire protection districts in said county; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 123. By Messrs. Matthews and Cox of Clarke: A Bill to be entitled an Act authorizing the governing authority of Clarke County to enact ordinances for the policing and governing of said county for the purposes of preserving the health and safety of the citizens thereof, and for other purposes.

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

On the passage of the Bill, the ayes were 110, nays 0.

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

HB 124. By Mr. Stuckey of Dodge:
A Bill to be entitled an Act to amend an Act to incorporate the Town of Rhine, so as to enlarge the corporate limits; and for other purposes.

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

On the passage of the Bill, the ayes were 110, nays 0.

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

TUESDAY, JANUARY 24, 1961

329

HB 127. By Mr. Moss of Gordon:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Calhoun, so as to extend the present corporate limits; providing the proper city authorities to make assessments of property, and for other purposes.

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

On the passage of the Bill, the ayes were 110, nays 0.

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

HB 128. By Mr. Moss of Gordon:
A Bill to be entitled an Act to amend an Act abolishing the office of Tax Collector and the Office of Tax Receiver and creating the Office of Tax Commissioner 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 110, nays 0.

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

HB 129. By Mr. Moss of Gordon:
A Bill to be entitled an Act to amend an Act to change the compensa tion of the Sheriff of Gordon County from a fee basis to 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 110, nays 0.

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

HB 130. By Mr. Moss of Gordon:
A Bill to be entitled an Act to amend an Act creating the office of Commissioner of Roads and Revenue 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 110, nays 0.

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

330

JOURNAL OP THE HOUSE,

HB 131. By Messrs. Lovett and Knight of Laurens:
A Bill to be entitled an Act to amend an Act creating a new city charter for the City of Dublin, so as to increase the ad valorem tax levy for the City of Dublin one mill for a period of four years; and for other purposes.

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

On the passage of the Bill, the ayes were 110, nays 0.

The Bill, having received the requisite constitutional majority, was passed.
HB 132. By Messrs. Lovett and Knight of Laurens:
A Bill to be entitled an Act to amend an Act placing the Clerk of the Superior Court of Laurens County and his deputies on a salary basis, and for other purposes.

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

On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 136. By Messrs. Williams and Andrews of Hall: A Bill to be entitled an Act to amend an Act to provide for a county tax for roads in counties having a population of not less than 40,000 nor more than 43,000, and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

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

Under the general order of business, the following Bills and Resolution of the House, favorably reported by the Committee, were taken up for consideration:

HB 174. By Messrs. Smith of Emanuel, Twitty of Mitchell, Fowler of Douglas, Underwood of Montgomery, Scoggin and Hall of Floyd, and Melton of Spalding:
A Bill to be entitled an Act to provide for suspension and reopening of public schools; to provide for the call of an election on said issue; to prescribe the procedure relating thereto; to provide that teachers and other contracts shall not be affected by such suspension but that the compensation thereunder shall continue under specified terms; and for other purposes.

TUESDAY, JANUARY 24, 1961

331

The following amendments were read and adopted:
Mr. Pannell of Murray moves to amend House Bill No. 174 as fol lows:
By renumbering Sections 8 and 9 as Sections 9 and 10 respectively; and
By inserting following Section 7 a new Section 8 to read as follows:
"Section 8. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional was not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional."
By striking the last sentence in Section 2 and substituting in lieu thereof the following: The cost of conducting all elections under Act shall be paid from County funds as now provided for general elections.
Mr. Brooks of Fulton moves to amend HB 174 as follows:
By striking the period from the end of section five (5) and adding at the end of Section 5 after the words "possible date", the following "but not later than 30 days after said election."

The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.

On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Adams Akins Andrews of Stephens Andrews of Hall Arnsdorff Ballard Barber Barnett of Wilkes Barnett of Baker Barrett Birdsong Blalock Boggs Bolton Bowen of Toombs Boyett Bozeman Brackin

Branch Brooks of Oglethorpe Brooks of Fulton Budd Busbee Bynum Caldwell Chance Chandler Clark of Catoosa Clarke of Monroe Cloer Coker Conner Cox Crawford Crowe Davis Deen

Dickey Dicus Dorminy Doster Duncan of Fannin Duncan of Carroll Dunn Echols Fleming Flexer Floyd Flynt Fordham Fowler of Douglas Fowler of Treutlen Funk Fuqua Greene Hale

332

JOURNAL OF THE HOUSE,

Hall of Lee Hall of Floyd Henderson Hill Horton Howard Hull Hurst Jernigan Johnson Joiner Jones of Liberty Jones of Lumpkin Jordan Keadle Kelly Keyton Kidd Killian Killingsworth King Knight of Laurens Lane Lanier Lee Loggins Lokey Lovett Lowrey Mackay Matthews of Clarke Matthews of Colquitt McClelland McCracken McCutchen McDonald McGarity Melton

Milhollin Miller Mixon Moate Moore Moorman Morgan Morris Moss Mullis Murphy Newton Otwell Pannell Paris Parker of Screven Parker of Ware Parker of Appling Farmer Payton Pelham Phillips of Columbia Phillips of Walton Phillips of Bibb Pickard Poole Potts Purcell Hay Roberts Rodgers of Charlton Rogers of Paulding Roper Ross Rowland Scarborough Scoggin Shuman

Simmons Simpson Sinclair Smith of Grady Smith of Brantley Smith of Fulton Smith of Habersham Smith of Whitfield
Steis Stevens Story Stuckey Tamplin Taylor of Dawson Taylor of Decatur Taylor of Bibb Teague Thornton Todd Twitty Underwood of Montgomery Underwood of Taylor Vaughn Waldrop Walker of Lowndes Walker of Telfair Ware Watson Wells of Peach Wells of Oconee White Wickham Wilkes Williams of Coffee Williams of Hall Wilson Woodward

Those voting in the negative were Messrs.:

Baughman Black Bowen of Randolph Carswell Cocke Collins Culpepper Harrell

Jones of Worth Lewis Massee NeSmith Raulerson Sangster Sheffield Singer

Summers Tabb Tucker Undercofler Wells of Camden Young

Those not voting were Messrs.:

Brown Dollar Fitzgerald Hodges

Jones of Sumter Kimmons Kirkland Knight of Berrien

Odom Rutland Strickland Mr. Speaker

On the passage of the Bill, as amended, the ayes were 171, nays 22.

TUESDAY, JANUARY 24, 1961

333

The Bill, having received the requisite constitutional majority, was passed, as amended.

Messrs. Rutland of DeKalb and Knight of Berrien stated that had they not been called from the House during the call of the roll, they would have voted "Aye".

HR 69-174. By Messrs. Smith of Emanuel, Twitty of Mitchell, Fowler of Doug las, Underwood of Montgomery, Scoggin of Floyd, Hall of Floyd, and Melton of Spalding:
A Resolution proposing an amendment to the Constitution so as to declare that freedom of association at all levels of education shall be preserved inviolate, and to authorize the General Assembly to provide an adequate education for the citizens of Georgia, and for other pur poses.

The following substitute to HB 69-174 was read and adopted:
A RESOLUTION
Proposing an amendment to the Constitution so as to declare that freedom from compulsory association at all levels of public education shall be preserved inviolate, and to authorize the General Assembly to provide funds for an adequate education for the citizens of Georgia; to provide for submission of this amendment for ratification or rejec tion; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1
Article VIII, Sec. XIII of the Constitution of Georgia is hereby amended by adding thereto a new paragraph to be known as Paragraph II to read as follows:
"Paragraph II. Freedom from compulsory association at all levels of public education shall be preserved inviolate. The General Assembly shall by taxation provide funds for an adequate education for the citizens 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 preserve inviolate freedom from compulsory association at all levels of public education and to require the General Assembly to provide funds for an adequate education for the citizens of Georgia.

334

JOURNAL OP THE HOUSE,

"Against ratification of amendment to the Constitution so as to preserve inviolate freedom from compulsory association at all levels of public education and to require the General Assembly to provide funds for an adequate education for the citizens of Georgia."
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 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 was called and the vote was as follows:

Those voting in the affirmative were Messrs.

Abney Adams Akins Andrews of Stephens Andrews of Hall Ballard Barber Barnett of Wilkes Barnett of Baker Barrett Birdsong Blalock Boggs Bolton Bowen of Toombs Boyett Bozeman Brackin Branch Brooks of Oglethorpe Brooks of Fulton Budd Busbee Bynum Caldwell Carswell Chance Chandler Clark of Catoosa Clarke of Monroe Cloer

Coker Conner Cox Crowe Davis Been Dickey Dicus Dorminy Doster Duncan of Fannin Duncan of Carroll Dunn Echols Fleming Flexer Floyd Flynt Fordham Fowler of Douglas Fowler of Treutlen Funk Fuqua Greene Hale Hall of Lee Hall of Floyd Henderson Hodges Horton Howard

Hull Hurst Jernigan Johnson Joiner Jones of Liberty Jones of Lumpkin Jordan Keadle Keyton Kidd Killian Killingsworth King Kirkland Knight of Laurens Knight of Berrien Lanier Lee Loggins Lokey Lowrey Mackay Massee Matthews of Clarke Matthews of Colquitt McClelland McCutchen McDonald McGarity Melton

TUESDAY, JANUARY 24, 1961

335

Milhollin Miller Mixon Moate Moore Moorman Morgan Morris Mullis Murphy Ne Smith Otwell Paris Parker of Screven Parker of Appling Farmer Payton Pelham Phillips of Walton Phillips of Bibb Pickard Poole Potts

Purcell Roberts Rodgers of Charlton Rogers of Paulding Roper Ross Rutland Scarborough Scoggin Sheffield Shuman Simmons Simpson Sinclair Smith of Grady Smith of Brantley Smith of Fulton Smith of Habersham Smith of Whitfield Steis Stevens Story Stuckey

Tamplin Taylor of Dawson Taylor of Bibb Teague Thornton Tucker Twitty Vaughn Waldrop Walker of Lowndes Walker of Telfair Ware Watson Wells of Peach Wells of Oconee White Wickham Wilkes Williams of Coffee Williams of Hall Willingham Wilson

Those voting in the negative were Messrs.:

Baughman Black Bowen of Randolph Cocke Collins Culpepper Harrell Hill

Jones of Worth Lewis McCracken Pannell Raulerson Ray Rowland Sangster

Singer Summers Tabb Todd Undercofler Wells of Camden Young

Those not voting were Messrs.:

Arnsdorff Brown Crawford Dollar Fitzgerald Jones of Sumter Kelly

Kimmons Lane Lovett Moss Newton Odom Parker of Ware

Phillips of Columbia Strickland Taylor of Decatur Underwood of
Montgomery Underwood of Taylor Mr. Speaker

On the adoption of the Resolution, by substitute, the ayes were 162, nays 23.

The Resolution, having received the requisite two-thirds constitutional majority, was adopted, by substitute.

Mr. Kelly of Jasper stated that if he had been on the floor of the House dur ing the call of the roll, he would have voted "aye".

HB 143. By Messrs. Morgan of Gwinnett, Underwood of Montgomery, Cox of Clarke and Odom of Dougherty:
A Bill to be entitled an Act to amend an Act relating to the State

336

JOURNAL OF THE HOUSE,

Board of Corrections and to prisons, public works camps and prisoners, so as to provide for the establishment of guard lines at the various penitentiaries; and for other purposes.

The following amendment was read and adopted:
State Institutions & Property Committee moves to amend HB 143 as follows:
By adding at the end of Section 33.1 the following language:
"Said finger boards shall also be placed at all entrances and exits for vehicles and pedestrians at said camps, and at such inter vals along said guard lines as will reasonably place all persons approaching the guard line on notice of the location of said peni tentiary campus."

The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to.

On the passage of the Bill, as amended, the ayes were 114, nays 2.

The Bill, having received the requisite constitutional majority, was passed, as amended.

HB 144. By Messrs. Morgan of Gwinnett, Underwood of Montgomery, Cox of Clarke and Odom of Dougherty:
A Bill to be entitled an Act to amend an Act relating to the State Board of Corrections and to prisons, public works camps and prisoners, so as to provide that the State Board of Corrections may provide by rules and regulations for the reinstatement of a part of the statutory and extra-good allowance forfeited by the offenses of escape, attempt to escape, mutiny, sodomy, etc., and for other purposes.

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

On the passage of the Bill, the ayes were 114, nays 0.

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

The following Resolution of the House, favorably reported by the Com mittee, was again read and adopted:

HR 54. By Mr. Sheffield of Brooks:
A Resolution supporting the present members of the House Rules Com mittee of the United States House of Representatives.

By unanimous consent, the following Resolutions of the House were read and adopted:

TUESDAY, JANUARY 24, 1961

337

HR 84. By Messrs. Barrett of Cherokee, Horton of Putnam, and others:
A RESOLUTION
Complimenting the Southeastern Poultry & Egg Association; and for other purposes.
WHEREAS, the growth of the poultry industry in the State of Georgia continues in phenomenal proportions; and
WHEREAS, the production of poultry and poultry products in this State is such that Georgia leads the nation in the production of such products; and
WHEREAS, the Southeastern Poultry & Egg Association is now holding its Fourteenth Annual Convention in Atlanta, Georgia; and
WHEREAS, the poultry industry in this State has improved and provided an additional source of income for the citizens of this State.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the accomplishments of the South eastern Poultry & Egg Association be acknowledged.
BE IT FURTHER RESOLVED that each member of the Georgia Congressional Delegation be congratulated for their efforts and be requested to continue to explore the ideas of purchasing poultry and poultry products for use in the school lunch program.
BE IT FURTHER RESOLVED that this body acknowledge the rapid and phenomenal growth of the poultry industry in this State and extend its congratulations to those persons responsible for such growth.
BE IT FURTHER RESOLVED that an appropriate copy of this Resolution be transmitted to each member of the Georgia Delegation in Congress.

HR 85. By Messrs. Lanier of Candler, Newton of Colquitt, Sheffield of Brooks, and others:
A RESOLUTION
Extending congratulations to Honorable John P. Duncan, Jr.; and for other purposes.
WHEREAS, Honorable John P. Duncan, Jr., a native of Quitman, Brooks County, Georgia, has been appointed as an Assistant Secretary of Agriculture of the United States Department of Agriculture by the President of the United States of America, John F. Kennedy; and
WHEREAS, the experience of Mr. Duncan as a farmer, and his educational and personal qualifications well qualify him for this im portant position; and
WHEREAS, Mr. Duncan will head all marketing and foreign agricultural services of the United States Department of Agriculture and unless these services are developed to their fullest potential the agricultural program advocated by President John F. Kennedy cannot be successful; and

338

JOURNAL OF THE HOUSE,

WHEREAS, the farmers, citizens and officials of the State of Georgia fully believe and trust that Mr. Duncan can and will carry out all duties assigned to him and they, from personal experience and knowledge, know that Mr. Duncan is well qualified; and
WHEREAS, Mr. Duncan, for several years, has been President of the Georgia Farm Bureau Federation and as such is thoroughly familiar with the agricultural problems of the State and nation.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the sincerest congratulations of this body be extended to Honorable John P. Duncan, Jr. upon his appoint ment of Assistant Secretary of Agriculture of the United States De partment of Agriculture, and that this body wish him well in all of his endeavors.
BE IT FURTHER RESOLVED that this body be recorded as con curring with the decision of the President of the United States of America, John F. Kennedy, in appointing Honorable John P. Duncan, Jr. as Assistant Secretary of Agriculture.
BE IT FURTHER RESOLVED that the Clerk of House of Repre sentatives is hereby authorized and directed to forward appropriate copies of this Resolution to the Honorable John P. Duncan, Jr. and to the President of the United States of America, John F. Kennedy.

The Speaker presented Honorable Harry King Lowman, Speaker of the House of Representatives and Honorable Thomas L. Ray, Majority Leader from
the State of Kentucky, and Representative Frank Shannahan, Chairman, Judi ciary Committee of the Mississippi State Legislature.

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

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

WEDNESDAY, JANUARY 25, 1961

339

Representative Hall, Atlanta, Georgia Wednesday, January 25, 1961

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

Prayer was offered by the Chaplain.

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

Mr. Black of Webster, Chairman of the Committee on Auditing, Enrolling, Engrossing and Journals reported that the Journal of the previous legislative day 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 uncontested bills. 6. First reading and reference of Senate Bills and Resolutions. 7. That the Speaker may in his discretion call up any Bill on the General
Calendar in any order that he desires.

Mr. Barber of Jackson was granted an indefinite leave of absence because of the passing of his Mother.

Mr. Fuqua of Richmond was granted leave of absence for January 26, 27, 1961.

The Speaker presented Doctor Edwin Harrison, President of Georgia School of Technology, who addressed the members of the House.

By unanimous consent, the following Bills and Resolutions of the House were read and referred to the committees:

HB 239. By Messrs. Rogers of Paulding, Floyd of Chattooga, Knight of Berrien, Tamplin of Morgan, Murphy of Haralson, Underwood of Taylor and others:
A Bill to be entitled an Act to amend an Act entitled "The Georgia Retailers and Consumers' Sales and Use Tax Act," so as to change the

340

JOURNAL OP THE HOUSE,

compensation of the dealer for accounting for and remitting the tax levied by this Act; and for other purposes.
Referred to the Committee on Ways and Means.

HB 240. By Mr. Joiner of Washington:
A Bill to be entitled an Act to amend an Act relating to the incorporation of the Town of Davisboro, so as to extend the corporate limits; and for other purposes.
Referred to the Committee on Local Affairs.

HB 241. By Mr. Wells of Camden:
A Bill to be entitled an Act to amend an Act relating to the age of majority in this State, so as to lower said age from twenty-one to eighteen; and for other purposes.
Referred to the Committee on State of Republic.

HB 242. By Mr. Wells of Camden:
A Bill to be entitled an Act to amend an Act creating the State Game and Fish Commission, so as to provide for a sub-commission to be com posed of members from the coastal counties; and for other purposes.
Referred to the Committee on Natural Resources.

HB 243. By Messrs. Smith of Grady, Rowland of Johnson, McCracken of Jeffer son, Steis of Harris and Underwood of Montgomery:
A Bill to be entitled an Act to amend an Act relating to the require ments for admission to the practice of law of attorneys from other states, so as to require that all attorneys desiring to practice law in this State, with certain exceptions, must satisfactorily pass an examination; and for other purposes.
Referred to the Committee on State of Republic.

HB 244. By Mr. Dunn of Pike:
A Bill to be entitled an Act to create a new charter for the City of Zebulon; and for other purposes.
Referred to the Committee on Local Affairs.

HB 245. By Messrs. Crawford, Dickey and Funk of Chatham:
A Bill to be entitled an Act to amend an Act incorporating the Mayor and Aldermen of the City of Savannah; to extend the corporate limits; and for other purposes.
Referred to the Committee on Local Affairs.

WEDNESDAY, JANUARY 25, 1961

341

HB 246. By Messrs. Flexer of Glynn, Paris, of Barrow, Deen of Bacon, Parker of Ware, Hodges of Ware, McCracken of Jefferson, Coker of Walker and others:
A Bill to be entitled an Act to amend an Act relating to the penalty for escape from confinement; and for other purposes.
Referred to the Committee on Judiciary.

HB 247. By Messrs. Plexer of Glynn, Paris of Barrow, Deen of Bacon, Parker and Hodges of Ware, McCracken of Jefferson and Scoggin of Floyd:
A Bill to be entitled an Act to amend an Act relating to escapes, so as to eliminate the provision that a person be convicted for the crime for which arrested before being guilty under this Act; and for other pur poses.
Referred to the Committee on Judiciary.

HB 248. By Mr. Parker of Appling:
A Bill to be entitled an Act to amend an Act to create and establish a new charter for the City of Baxley; and for other purposes.
Referred to the Committee on Local Affairs.

HB 249. By Messrs. Andrews of Hall, Adams of Polk, Floyd of Chattooga, Wil liams of Hall, Smith of Habersham and Steis of Harris:
A Bill to be entitled an Act to amend an Act known as the Minimum Foundation Program of Education, so as to provide that the minimum annual salary paid to teachers shall not be less than $3,600.00; and for other purposes.
Referred to the Committee on Education.

HR 79-249. By Messrs. Floyd and Loggin of Chattooga:
A Resolution to compensate Mae Dell Henderson for injuries to her minor daughter; and for other purposes. (Dept. of Corrections)
Referred to the Committee on Appropriations.

HR 80-249. By Mr. Young of Turner:
A Resolution proposing an amendment to the Constitution so as to cre ate the Turner County Development Authority; and for other purposes.
Referred to the Committee on Local Affairs.

HR 81-249. By Mr. Watson of Houston:
A Resolution to compensate Mr. H. L. Hackney; and for other purposes. (State Highway Dept.)
Referred to the Committee on Appropriations.

342

JOURNAL OP THE HOUSE,

HR 82-249. By Mesrs. Taylor and Dollar of Decatur:
A Resolution designating the Emmett R. Culbreth and Myrvin H. Culbreth Bridges; and for other purposes.
Referred to the Committee on Highways.

HR 83-249. By Mr. Purcell of Franklin:
A Resolution to compensate Mrs. G. R. Harrison; and for other purposes. (State Highway Dept.)
Referred to the Committee on Appropriations.
HB 250. By Messrs. Scoggins of Ployd, Ballard of Newton, Kidd of Baldwin, Lowrey of Ployd, Flexer of Glynn, Tamplin of Morgan, Killian of Glynn and others:
A Bill to be entitled an Act to safeguard the public health and promote the public welfare by requiring a permit to operate, maintain, open or establish a pharmacy, drug store or establishment that manufactures drugs, medicines, toilet articles or related items; and for other purposes.
Referred to the Committee on Hygiene and Sanitation.
HB 251. By Messrs. Brooks, Smith and McClelland of Fulton:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Atlanta, so as to create in the Department of Municipal Revenue Collector the position of Chief Deputy Municipal Revenue Col lectors; and for other purposes.
Referred to the Committee on Local Affairs.
HB 252. By Messrs. Walker and Budd of Lowndes:
A Bill to be entitled an Act to provide for the employment of clerical assistance for the Court of Ordinary of Lowndes County; and for other purposes.
Referred to the Committee on Local Affairs.
HB 253. By Dr. Miller of Elbert:
A Bill to be entitled an Act to change the compensation of the Sheriff of Elbert County from the fee system to the salary system; and for other purposes.
Referred to the Committee on Local Affairs.

HR 86-253. By Mr. Killian of Glynn:
A Resolution to compensate the Seaboard Construction Company; and for other purposes. (State Highway Dept.)
Referred to the Committee on Appropriations.

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

WEDNESDAY, JANUARY 25, 1961

343

HB 192. By Mr. Arnsdorff of Effingham:
A Bill to be entitled an Act to amend an Act creating a new charter of the Town of Guyton, so as to change the name of said Town to the City of Guyton; and for other purposes.

HB 193. By Mr. Arnsdorff of Effingham:
A Bill to be entitled an Act to provide for the registration of voters eligible to vote in the Town of Rincon election; and for other purposes.

HB 194. By Mr. Arnsdorff of Effingham:
A Bill to be entitled an Act to amend an Act to create a Board of Com missioners of Roads and Revenues for the County of Effingham; and for other purposes.

HB 195. By Mr. Killian of Glynn:
A Bill to be entitled an Act imposing a statutory civil penalty upon a seller of obscene books and magazines; and for other purposes.

HB 196. By Mr. Vaughn of Rockdale:
A Bill to be entitled an Act to provide that in counties having a popula tion of not less than 10,500 nor more than 10,900 any person charged with any offense under the game or fish laws shall be allowed to enter a plea of guilty in the court of Ordinary of such counties; and for other purposes.

HB 197. By Mr. Vaughn of Rockdale:
A Bill to be entitled an Act to amend an Act known as "Adoption Laws Revised," so as to provide that consent of the father to let his minor child be adopted by another person shall not be required where the father has failed to support the child for a period of twelve months or longer whether ordered to do so by a court of competent jurisdiction or otherwise; and for other purposes.
HB 198. By Messrs. Floyd of Chattoooga, Johnson of Jenkins, Arnsdorff of Effingham and Parker of Screven:
A Bill to be entitled an Act to provide that it shall be unlawful for persons to negotiate with or communicate with any person injured in an accident relative to a claim such person has or may have until the elapse of a specified period of time; and for other purposes.
HB 199. By Messrs. Andrews of Hall, Taylor and Phillips of Bibb, Loggins of Chattooga, Arnsdorff of Effingham, Dicus of Muscogee and others:
A Bill to be entitled an Act to amend an Act relating to deductions from gross income for income tax purposes, so as to provide for the deduction of Federal income taxes; and for other purposes.
HB 200. By Messrs. Vaughn of Rockdale, Mackay, Howard and Rutland of DeKalb, Ballard of Newton and Hale of Dade:
A Bill to be entitled an Act to amend an Act to provide that the Su-

344

JOURNAL OF THE HOUSE,

preme Court of Georgia shall have the authority to prescribe rules and regulations governing the eligibility of an applicant for the admission to the practice of law, and for other purposes.

HB 201. By Messrs. Vaughn of Rockdale, Mackay, Howard and Rutland of DeKalb, Ballard of Newton and Hale of Bade:
A Bill to be entitled an Act to amend an Act pertaining to the pro ceedings for the disbarment of attorneys at Law, and for other pur poses.

HB 202. 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 retirement benefits; and for other purposes.

HB 203. By Messrs. M. Smith, McClelland of Fulton and Brooks of Fulton:
A Bill to be entitled an Act to amend an Act to provide in certain cities, pensions to officers and employees should be provided, and for other purposes.

HB 204. 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 more than 150,000, and for other purposes.

HB 205. 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.
HB 206. By Messrs. M. Smith, McClelland and Brooks of Fulton:
A Bill to be entitled an Act to establish a new retirement system for all county employees including employees of the County Board of Edu cation in Fulton County, and for other purposes.
HB 207. By Mr. McDonald of White:
A Bill to be entitled an Act to amend an Act providing retirement benefits for the Clerks of the Superior Court of Georgia, so as to elimi nate the age required for retirement; and for other purposes.
HB 208. By Mr. McDonald of White:
A Bill to be entitled an Act to amend an Act providing for the compen sation of the Tax Commissioner in counties having a population of not less than 6,910 and not more than 6,950, and for other purposes.
HB 209. By Mr. McCutchen of Gilmer:
A Bill to be entitled an Act to provide for a change in the rate of taxation upon real and personal property within the limits of East Ellijay, and for other purposes.

WEDNESDAY, JANUARY 25, 1961

345

HB 210. 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, so as to provide that the Mayor and Board of Aldermen are authorized to prescribe, by ordinance, penalties for anyone convicted or who enters a plea of guilty or a plea of nolo contendere for being in contempt of the municipal court of the City of Atlanta, and for other purposes.

HB 211. By Messrs. Kidd and Chandler of Baldwin:
A Bill to be entitled an Act to amend an Act so as to provide that the salary of officials or employees of an incorporated town, city, county or State government may be garnished, and for other purposes.

HB 212. By Mr. Massee of Pulaski:
A Bill to be entitled an Act to amend an Act creating the office of Commissioner of Roads and Revenues of Pulaski County, and for other purposes.

HB 213. By Mr. Massee of Pulaski:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Hawkinsville, so as to change the city limits, and for other purposes.

HB 214. By Messrs. Pickard, Wickham and Dicus of Muscogee:
A Bill to be entitled an Act to provide that the terms of office of mem bers of county boards of tax assessors in counties having a population of not less than 150,000 and not more than 175,000, shall be three years and until their successors are duly appointed and qualified; and for other purposes.

HB 215. By Messrs. Pickard, Wickham and Dicus of Muscogee:
A Bill to be entitled an Act to provide for certain fees which clerks of the superior courts may charge in counties having a population of not less than 150,000 and not more than 175,000, and for other pur poses.
HB 216. By Mr. Sinclair of Macon:
A Bill to be entitled an Act to amend an Act creating the office of Commissioners of Roads and Revenues of Macon County, and for other purposes.
HB 217. By Mr. Kidd of Baldwin:
A Bill to be entitled an Act to provide a punishment for any person who collects taxes imposed by terms of the Georgia Retailers' and Consumers Sales and Use Tax Act, and who fails to remit said taxes to the Commissioner; and for other purposes.
HB 218. By Mr. Kidd of Baldwin:
A Bill to be entitled an Act to amend an Act entitled "Georgia Re-

346

JOURNAL OF THE HOUSE,

tailers' and Consumers' Sales and Use Tax Act, so as to provide brackets of prices for the collection of the tax imposed by said Act, and for other purposes.

HB 219. By Messrs. Dicus of Muscogee, Phillips of Walton and Matthews of Clarke:
A Bill to be entitled an Act to provide for the examination of master and journeyman plumbers and steamfitters in certain counties, and for other purposes.

HB 220. By Messrs. Ballard of Newton, Underwood of Montgomery and Hurst of Quitman:
A Bill to be entitled an Act to authorize the State Highway Depart ment to pay or participate in the payment of the cost of removing and relocating water distribution and sanitary sewer facilities owned by municipal corporations, counties, or other governmental subdivisions of the State of Georgia, or by authorities controlled by such municipal corporations, etc., and for other purposes.

HB 221. By Messrs. Kidd and Chandler of Baldwin:
A Bill to be entitled an Act for the creation of the Milledgeville State Hospital Employees' Retirement fund; to provide for the distribution and the appropriation of such funds; and for other purposes.

HB 222. By Messrs. Bozeman and Keyton of Thomas:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Pavo, and for other purposes.

HB 223. By Messrs. Bozeman and Keyton of Thomas:
A Bill to be entitled an Act establishing a system of public schools in the City of Thomasville, so as to increase the maximum tax rate which may be levied for the maintenance and operation of said public schools; and for other purposes.

HB 224. By Messrs. Bozeman and Keyton of Thomas:
A Bill to be entitled an Act to amend an Act to establish the City Court of Thomasville, and for other purposes.

HB 225. By Messrs. Keyton and Bozeman of Thomas:
A Bill to be entitled an Act to amend an Act creating a Small Claims Court in counties having a population of not less than 33,500 and not more than 33,990, and for other purposes.

HB 226. By Messrs. Murphy of Haralson and Rogers of Paulding:
A Bill to be entitled an Act to provide for change in the time of holding Superior Court in the Tallapoosa Judicial Circuit, and for other purposes.

WEDNESDAY, JANUARY 25, 1961

347

HR 76-226. By Mr. Hall of Lee:
A Resolution to compensate Mr. James McBride (State Highway Dept.) and for other purposes.

HR 77-226. By Mr. Budd of Lowndes:
A Resolution to compensate B. B. Burgess (Dept. of Corrections) and for other purposes.

HR 78-226. By Mr. Vaughn of Rockdale:
A Resolution proposing an amendment to the Constitution so as to authorize the General Assembly to empower the governing authority of Rockdale County to enact ordinances for the policing and governing of said county and the enforcement of all duties and powers now or hereafter vested in the said governing authority; and for other pur poses.

HB 227. By Messrs. Brown of Hart, Pureell of Franklin, Boggs of Madison and Brooks of Oglethorpe:
A Bill to be entitled an Act to provide compensation for the Judge of the Superior Court of the Northern Judicial Circuit; and for other purposes.

HB 228. By Messrs. Twitty of Mitchell, Lovett of Laurens and Cox of Clarke:
A Bill to be entitled an Act to amend an Act, so as to provide for final settlements of doubtful and disputed claims, subject to approval of the State Board of Workmen's Compensation; to define further "injury" and "Personal injury", and for other purposes.

HB 229. By Mr. Twitty of Mitchell:
A Bill to be entitled an Act to amend an Act making provisions for the licensure of applied psychologists, through a State Board of Examiners of Psychologists, and for other purposes.

HB 230. By Messrs. Willingham of Cobb, Pelham of Schley, Stevens of Marion, Culpepper of Talbot, Wilson and Teague of Cobb, Phillips of Bibb, Moate of Hancock, Fowler of Douglas, Tamplin of Morgan and others:
A Bill to be entitled an Act to repeal an Act creating the "Georgia Real Estate Investment Board", so as to abolish the Georgia Real Estate Investment Board; to provide that this shall not reinstate or recreate the "Georgia Industrial Development Administration"; and for other purposes.
HB 231. By Messrs. Blalock of Clayton and Rutland of DeKalb:
A Bill to be entitled an Act to amend an Act relating to the levy, assessment, and collection of income taxes imposed thereunder, and for other purposes.
HB 232. By Messrs. Blalock of Clayton and Rutland of DeKalb:
A Bill to be entitled an Act relating to the imposition, assessment and

348

JOURNAL OF THE HOUSE,

collection of estate taxes, and relating to non-resident decedents, and for other purposes.

HB 233. By Messrs. Blalock of Clayton and Rutland of DeKalb:
A Bill to be entitled an Act to amend an Act relating to the levy, assessment and collection of income taxes; relating to the application of the income tax to fiduciaries, estate and trusts, beneficiaries thereof and grantors and others treated as substantial owners, and for other purposes.

HB 234. By Messrs. Crawford, Dickey and Funk of Chatham, and Jones of Liberty:
A Bill to be entitled an Act to amend an Act so as to provide a trial by jury in cases of civil and criminal contempt except when said con tempt was committed within the court's presence; and for other pur poses.

HB 235. By Messrs. Crawford, Dickey and Funk of Chatham:
A Bill to be entitled an Act to establish a Local Government Commis sion in Savannah and Chatham County, and for other purposes.

HB 236. By Messrs. Crawford, Dickey and Funk 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; to change and/or fix the time for adoption of license ordinances relating to businesses, occupations, professions, trades or vocations carried on or engaged in within said city, and for other purposes.

HB 237. By Messrs. Crawford, Funk and Dickey of Chatham:
A Bill to be entitled an Act amending an Act creating and establishing the Municipal Court of Savannah, and for other purposes.

HB 238. By Messrs. Funk, Crawford and Dickey of Chatham:
A Bill to be entitled an Act to amend an Act creating a Civil Service System for the County of Chatham, and for other purposes.

SB 3. By Senator Claxton of the 21st:
A Bill to be entitled an Act to amend Code Section 40-504, relating to the salary of the Secretary of State, as amended, so as to provide for the compensation of the Secretary of State; to repeal conflicting laws; and for other purposes.

SB 4. By Senators Claxton of the 21st and Sanders of the 18th:
A bill to be entitled an Act to amend an Act providing a uniform method of fixing, limiting and restricting the salaries, allowances and travel expenses of certain State officials, as amended, so as to remove the Secretary of State from the provisions of said Act; to repeal con flicting laws; and for other purposes.

WEDNESDAY, JANUARY 25, 1961

349

SB 5. By Senators Conger of the 8th and Sanders of the 18th:
A Bill to be entitled an Act to amend an Act creating the "Georgia Historical Commission", so as to change the provisions relating to the compensation of the Secretary of the Commission; and for other pur poses.

SB 15. By Senator Waters of the 41st:
A Bill to be entitled an Act to amend an Act creating a County Com missioner of Roads and Revenues and an Advisory Board of Gilmer County, as amended; and for other purposes.

SB 16. By Senator Brown of the 52nd:
A Bill to be entitled an Act to provide that all Judges Emeritus, who, prior to becoming such, were Judges of the Superior Court of the Atlanta Judicial Circuit, shall be provided offices in the Court House and adequate secretarial assistance upon request of such Judge Emeri tus; and for other purposes.

SB 19. By Senator Grayson of the 1st:
A Bill to be entitled an Act to amend an Act entitled "Motor Fuel Tax Law" and incorporated in the Code of Georgia, 1933 as Code Section 92-1403, exempting from tax, the sale of motor fuel and/or kerosene, to constitutionally created public authorities; and for other purposes.

SB 21. By Senator Brown of the 52nd:
A Bill to be entitled an Act to amend Section 4 of the Voter's Regis tration Act of 1958, so as to provide for places of registration in counties having a population of more than 500,000, according to the last or any future Federal decennial census; and for other purposes.

SB 22. By Senator Brown of the 52nd:
A Bill to be entitled an Act to amend the voter's registration Act, as amended, so as to repeal Section 4 of said Act and provide in lieu thereof for registrars in counties having a population of more than 500,000, according to the last or any future Federal decennial Census; and for other purposes.

SB 25. By Senator Raynor of the 4th:
A Bill to be entitled an Act to amend an Act creating a Board of County Commissioners of Roads and Revenues for the County of Charlton, as amended, so as to reapportion the road districts in said county; to provide for procedures connected therewith; so as to change the meeting day of said board; and for other purposes.

SB 26. By Senator Raynor of the 4th:
A Bill to be entitled an Act to amend an Act changing the compensa tion of the Sheriff from the Ordinary of Charlton County from a fee to a salary system; and for other purposes.

350

JOURNAL OF THE HOUSE,

SR 8. By Mr. Grayson of the 1st:
A Resolution proposing to the qualified voters of Chatham County, an amendment to Article VII, Section 1, Paragraph IV, of The Con stitution of the State of Georgia, by authorizing certain tax exemp tions to encourage the industrial growth and expansion of Chatham County; and for other purposes.

SR 11. By Senator Dews of the 9th:
A Resolution proposing to the qualified voters of Calhoun County an Amendment to Article VII, Section VII, Paragraph V, of the Con stitution of Georgia of 1945, so as to authorize Calhoun County to issue certain revenue anticipation obligations known as revenue bonds for the purposes therein stated.

SR 20. By Senator Sanders of the 18th:
A Resolution creating a committee to make a study of the Peace Of ficers' Annuity and Benefit Funds; and for other purposes.

SR 21. By Senator Brown of the 52nd:
A Resolution relating to the placing of monuments at Gettysburg and Antietam; and for other purposes.

SR 22. By Senator Brown of the 52nd:
A Resolution relating to the statue of John B. Gordon; and for other purposes.

Mr. Barber of Jackson County, Chairman of the Committee on Hygiene and Sanitation, submitted the following report:
Mr. Speaker:
Your Committee on Hygiene and Sanitation has had under consideration the following Bill of the Senate and has instructed me as Chairman, to report the same back to the House with the following recommendation:
SB 12. Do Pass by Committee Substitute.
Respectfully submitted,
Barber of Jackson, Chairman.

Mr. Cox of Clarke County, Chairman of the Committee on State Institutions and Property, submitted the following report:
Mr. Speaker:
Your Committee on State Institutions and Property has had under considera tion the following Bills and Resolutions of the House and has instructed me as Chairman, to report the same back to the House with the following recom mendations :
HR 18-39. Do Pass.
HB 169. Do Pass.

WEDNESDAY, JANUARY 25, 1961

351

HB 168. Do Pass. HR 28-51. Do Pass.

Respectfully submitted,
Cox of Clarke, Chairman.

Mr. Underwood of Montgomery 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 92. HB 148. HB 141. HB 157. HB 159. HB 167.

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

HB 160. Do Pass. SB 2. Do Pass. SB 18. Do Pass. HR 57-151. Do Pass. HR 68-171. Do Pass.

Respectfully submitted,

Underwood of Montgomery, Chairman.

Mr. Bolton of Spalding 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 has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 170. Do Pass. HB 189. Do Pass. HR 22-39. Do Pass. HB 142. Do Pass. HB 191. Do Pass.
Respectfully submitted,
Bolton of Spalding, Chairman.

352

JOURNAL OF THE HOUSE,

Mr. Matthews of Clarke County, Chairman of the Committee on University System of Georgia, submitted the following report:
Mr. Speaker:
Your Committee on University System of Georgia has had under considera tion 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 59-151. Do Pass.
Respectfully submitted,
Matthews of Clarke, 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 140. Do Pass.
HB 163. Do Pass.
HB 162. Do Pass.
HB 164. Do Pass.
HB 165. Do Pass.
HB 232. Do Pass.
Respectfully submitted, Blalock of Clayton, Chairman.

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

HR 57-151. By Mr. Paris of Barrow:
A Resolution authorizing and directing the State Librarian to furnish certain books to the County Commissioners of Barrow County for the use of the Judge of the Superior Court of Barrow County, and for other purposes.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 120, nays 0.

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

WEDNESDAY, JANUARY 25, 1961

353

HB 92. By Mr. Jernigan of Clinch:
A Bill to provide that the Tax Receiver in all counties of the State having a population of not less than 5,975 and not more than 6,500, shall be paid from ad valorem school tax collected for the county board of education a commission of two and one-half percent of the net amount collected by the county tax collector, and for other 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 141. By Messrs. Willingham of Cobb, Teague of Cobb and Wilson of Cobb: A Bill creating the Cobb Judicial Circuit, so as to change the terms of Court of the Superior Court of Cobb County, to provide an effective date, to repeal conflicting laws, and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 120, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 148. By Mr. Murphy of Haralson: A Bill creating a Board of Commissioners of Roads and Revenues for Haralson County, so as to change the compensation of the Commissioner of Roads and Revenues of Haralson County, to provide as effective date, and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 120, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 157. By Messrs. Boggs of Madison, Matthews of Clarke, and Cox of Clarke: A Bill to provide the mayor and council of the Town of Hull with authority to grant franchises and licenses in said town to utility cor porations, and for other purposes.
The report 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.

354

JOURNAL OP THE HOUSE,

The Bill, having received the requisite constitutional majority, was passed.
HB 167. By Messrs. Adams and Moon of Polk: A Bill to provide for the extension of the corporate limits of 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 120, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

SB 2. By Senator Grayson of the 1st: A Bill authorizing Chatham County and the City of Savannah to issue revenue certificates to purchase land and construct facilities to encour age location of industry and to create employment, and for other purposes.
The report 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 18. By Senator Grayson of the 1st: A Bill to be entitled an Act to amend an Act creating, establishing and organizing the City Court of Savannah and the several acts amendatory thereto and for other purposes.
The report 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.
Under the general order of business, the following Bills of the House and Senate were taken up for consideration and read the third time:

HB 94. By Messrs. Bolton and Melton of Spalding:
A Bill creating a department of Public Safety for the State of Geor gia, so as to change the punishment for operating a motor vehicle when a learner's, special learner's, operator's, or chauffeur's license is suspended, cancelled or revoked, and for other purposes.

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

WEDNESDAY, JANUARY 25, 1961

355

On the passage of the Bill, the ayes were 105, nays 5.

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

HB 171. By Messrs. Willingham of Cobb, Wilson of Cobb, Teague of Cobb, and Horton of Putnam:
A Bill effecting a complete revision of the laws of this State relating to the qualification and registration of voters, so as to provide that the provisions relating to cancellation of registration for not having voted within a two-year period shall be changed so as to apply to those per sons who have not voted within a four-year period, and for other purposes.

The report 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 172. By Messrs. Phillips, Taylor and Thornton of Bibb:
A Bill relating to the procedure to be followed by persons desiring to change their children's names, so as to provide for a new procedure to be followed in changing the name of any individual, and for other purposes.

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

On the passage of the Bill, the ayes were 116, nays 1.

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

HB 175. By Mr. Willingham of Cobb:
A Bill to provide for grants to counties, municipalities, or any combi nation of the same to assist in construction of those projects as qualify for Federal aid and assistance under the Federal Water Pollution Con trol Act, to provide that the State Board of Health shall administer this Act, to provide the procedure connected therewith, and for other purposes.

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

On the passage of the Bill, the ayes were 111, nays 0.

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

356

JOURNAL OF THE HOUSE,

SB 6. By Senator Grayson of the 1st:

A Bill to amend Code Section 24-2602a as amended, with reference to retirement of Judges of Supreme Court and other Judges included therein 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 Judge of the Superior Courts Emeritus, approved March 9, 1945 (Ga. Laws 1945, p. 362), as amended, particularly by an Act approved February 1, 1946 (Ga. Laws 1946, p. 228), an Act approved February 16, 1950 (Ga. Laws 1950, p. 283), an Act approved February 15, 1952 (Ga. Laws 1952, p. 293), an Act approved December 11, 1953 (Ga. Laws 1953, Nov.-Dec. Sess., p. 108), an Act approved February 8, 1955 (Ga. Laws 1955, p. 152), an Act approved February 28, 1956 (Ga. Laws 1956, p. 380), an Act approved February 21, 1957 (Ga. Laws 1957, p. 82), and an Act approved March 3, 1960 (Ga. Laws 1960, p. 161), so as to modify the service qualifications for appointment to the office of Judge of the Superior Courts Emeritus; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1
An Act creating the office of Judge of the Superior Courts Emeri tus, approved March 9, 1945 (Ga. Laws 1945, p. 362), as amended, particularly by an Act approved February 1, 1946 (Ga. Laws 1946, p. 228), an Act approved February 16, 1950 (Ga. Laws 1950, p. 283), an Act approved February 15, 1952 (Ga. Laws 1952, p. 293), an Act ap proved December 11, 1953 (Ga. Laws 1953, Nov.-Dec. Sess., p. 108), an Act approved February 8, 1955 (Ga. Laws 1955, p. 152), an Act approved February 28, 1956 (Ga. Laws 1956, p. 380), an Act approved February 21, 1957 (Ga. Laws 1957, p. 82), and an Act approved March 3, 1960 (Ga. Laws 1960, p. 161), is hereby amended by striking from the first paragraph of Section 2 the words "a city or county court of the State of Georgia" as they appear between the words "of" and "or" in the first sentence of said paragraph and substituting in lieu thereof the following:
"a city court, a county court, or any court of record of the State of Georgia from which an appeal may be taken directly to the Court of Appeals of Georgia",
so that when so amended, the first paragraph of Section 2 shall read as follows:
"Section 2. Any Judge of the Superior Court of the State of Georgia who shall be in at least his nineteenth (19th) year of serv ice as Judge of the Superior Court of the State, any service as Solicitor General of a judicial circuit, as Judge of or Solicitor of a city court, a county court, or any court of record of the State of Georgia from which an appeal may be taken directly to the Court of Appeals of Georgia, or membership in the General As-

WEDNESDAY, JANUARY 25, 1961

357

sembly of Georgia or service in the Armed Forces of the United State occasioned by the national emergencies of World War I, World War II or the Korean conflict, being allowable in comput ing such nineteen (19) years of service, provided at least one com plete term or its equivalent number of years in two or more terms have been served as Judge of the Superior Court of this State, or who has already been in service for nineteen (19) years as a Judge of the Superior Court of this State on March 9, 1945, and who is still in service as such officer, shall be eligible for appoint ment to Judge of the Superior Courts Emeritus: Provided, the General Assembly retirement service credit shall be for the entire term of office to which such person was elected and served. Like wise, any Judge of the Superior Court of the State of Georgia who shall have attained the age of sixty-eight (68) years and shall be in at least his tenth (10th) year of service as a Judge of the Superior Court of this State, or any Judge of the Superior Court of the State of Georgia who shall have been in service as a Judge of the Superior Court for ten (10) years and becomes dis abled from continuing his duties as Judge of the Superior Court shall be eligible to appointment to Judge of the Superior Court Emeritus, satisfactory evidence of such disability having been pre sented to the board of trustees herein created and a recommenda tion of appointment having been made by a majority of said board."
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 104, nays 11.

The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 39. By Messrs. Phillips and Taylor of Bibb:
A Bill creating the Department of Public Safety, so as to provide that Learner's, Operator's, and Chauffeur's licenses shall expire on the birthdate of the holder thereof, and for other purposes.

The following Committee amendment was read and adopted:
The Motor Vehicles Committee moves to amend HB 39 by changing Section 2 to Section 3 and said Bill is further amended by adding a new Section 2 to read as follows:
"Section 2. The effective date of this Act shall be January 1, 1963."

The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to.

358

JOURNAL OP 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.:

Abney Adams Akins Andrews of Stephens Barnett of Wilkes Barnett of Baker Blalock
Bolton Bowen of Randolph Boyett Bozeman Branch Brooks of Oglethorpe Brooks of Pulton Budd Busbee Bynum Caldwell Chance Chandler Clarke of Monroe Cloer Cocke Collins Been Dickey Duncan of Fannin Echols Fleming Plynt Fowler of Douglas Punk Puqua Greene Hale Hall of Lee Hall of Floyd Harrell Henderson Hull Hurst

Jernigan Johnson Joiner Jones of Worth Jones of Lumpkin Jordan Keadle Keyton Kidd Killian Killingsworth King Kirkland Knight of Laurens Knight of Berrien Lane Lanier Lee Lewis Loggins Lovett Mackay Massee Matthews of Clarke Matthews of Colquitt McCracken McCutchen McGarity Melton Miller Mixon Moate Moorman Morgan Morris Murphy NeSmith Newton Odom Otwell Pannell Paris

Parker of Screven Parker of Ware Parker of Appling Farmer Phillips of Bibb Poole Purcell Rogers of Paulding
Ross Sangster Sheffield Shuman Simmons Simpson Sinclair Smith of Grady Smith of Brantley Smith of Fulton Smith of Habersham Steis Story Strickland Summers Tabb Taylor of Dawson Taylor of Bibb Teague Thornton Tucker Underwood of
Montgomery Waldrop Walker of Telf air
Ware Watson Wells of Oconee Williams of Coffee Williams of Hall Willingham Wilson Woodward Young

Those voting in the negative were Messrs.:

Andrews of Hall Barrett Black Brown Conner Crowe

Dollar Dunn Flexer Fowler of Treutlen Horton Kelly

Moore Moss Roberts Taylor of Decatur Wells of Camden

WEDNESDAY, JANUARY 25, 1961

359

Those not voting were Messrs.:

Arnsdorff Ballard Barber Baughman Birdsong Bowen of Toombs
Brackin Carswell Clark of Catoosa Coker Cox Crawford Culpepper Davis Dicus Dorminy Doster Duncan of Carroll Fitzgerald Ployd Pordham

Hill Hodges Howard Jones of Worth Kimmons Lokey
Lowrey McClelland McDonald Milhollin Mullis Payton Pelham Phillips of Columbia Phillips of Walton Pickard Potts Raulerson Ray Rodgers of Charlton Roper

Rowland Rutland Scarborough Scoggin Singer Smith of Whitfield
Stevens Stuckey Tamplin Todd Twitty Undercofler Underwood of Taylor Vaughn Walker of Lowndes Wells of Peach White Wickham Wilkes Mr. Speaker

On the passage of the Bill, as amended, the ayes were 125, nays 17.

The Bill, having received the requisite constitutional majority, was passed, as amended.
HB 34. By Messrs. Bowen of Randolph, Jordan of Calhoun, and Odom of Dougherty:
A Bill to authorize and provide a contingent expense and travel allow ance, payable from the treasury of the State of Georgia, for all duly appointed reporters of the superior courts of the judicial circuits of the State of Georgia, and for other purposes.

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

On the passage of the Bill, the ayes were 99, nays 20.

The Bill, having failed to receive the requisite constitutional majority, was lost.

Mr. Busbee of Dougherty served notice that at the proper time he would ask that the House reconsider its action in not passing HB 34.

HB 109. By Mr. Hurst of Quitman:
A Bill to provide that certain provisions therein shall not apply to any member of the General Assembly who has been an officer or employee of the executive branch of government for more than eighteen years, and for other purposes.

360

JOURNAL OP THE HOUSE,

The following Committee amendment was read and adopted:

The Committee on Agriculture moves to amend HB 109 as follows:

By striking the language "Provided, further, that nothing in this



section shall be construed to apply to any member of the General As

sembly who has been an officer or employee of the executive branch

of government of the State of Georgia for more than eighteen years.",

i

wherever it appears in said Bill, and inserting in lieu thereof the fol

lowing language: "Provided, further, that nothing in this section shall

be construed to apply to any member of the General Assembly who

has been an officer or employee of the executive branch of government

of the State of Georgia for more than seventeen years, if all of such

service in the executive branch was performed prior to the effective

date of this section which was January 1, 1961."

The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to.

On the passage of the Bill, as amended, the ayes were 103, nays 13.

The Bill, having received the requisite constitutional majority, was passed, as amended.

HB 146. By Messrs. Killian and Flexer of Glynn:
A Bill to be entitled an Act to provide for fees to clerks of the Superior Courts who receive and disburse alimony payments, and for other purposes.
Mr. Smith of Whitfield moved that the Bill be tabled and the motion was lost.
The previous question was ordered.
The main question was ordered.
The following amendments were read and adopted.
Mr. Culpepper of Talbot moves to amend HB 146 as follows:
By adding thereto a new section to be appropriately numbered and to read as follows:
"This Act shall not apply in any case in which a final judg ment has been granted prior to the effective date of this Act."
By adding thereto a new section to be appropriately numbered and to read as follows:
"Notwithstanding any other provision of this Act, the Court may disallow such fee in any case in counties where the clerk has been placed on a salary basis in lieu of a fee basis." By inserting in the caption of said bill the words:
"and support" between the word "alimony" and the word "pay ments", and further by inserting in Section 1 of said Bill the words

WEDNESDAY, JANUARY 25, 1961

361

"and support"" between the words "alimony" and the word "pay ments" in the first sentence thereof.

The report of the Committee which was favorable to the passage of the Bill, was agreed to, as amended.

On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Ballard Bolton Boyett Brooks of Fulton Brown Culpepper Deen Flexer Flynt Fowler of Douglas Fuqua Hale Hall of Lee Hodges

Jernigan Jones of Worth Killian King Knight of Berrien Loggins Matthews of Clarke Matthews of Colquitt McClelland McCutchen Mixon Mullis Pannell Paris Parker of Ware

Rogers of Paulding Sheffield Shuman Sinclair Smith of Grady Smith of Brantley Smith of Fulton Smith of Whitfield Steis Tabb Taylor of Dawson Underwood of
Montgomery White

Those voting in the negative were Messrs.:

Adams Akins Andrews of Stephens Andrews of Hall Arnsdorff Barnett of Wilkes Barnett of Baker Barrett Baughman Birdsong Black Blalock Boggs Bowen of Randolph Bozeman Brackin Brooks of Oglethorpe Budd Busbee Bynum Caldwell Chance Chandler Clark of Catoosa Clarke of Monroe Cloer Cocke

Collins Conner Crawford Crowe Davis Dickey Dicus Dollar Doster Duncan of Fannin Duncan of Carroll Dunn Echols Fitzgerald Fleming Floyd Fordham Fowler of Treutlen Funk Harrell Henderson Horton Howard Hull Johnson Joiner Jones of Liberty

Jones of Lumpkin
Jordan Keadle Kelly Keyton Kidd Kirkland Knight of Laurens Lane Lee Lewis Lovett Lowrey Mackay Massee McCracken McDonald McGarity Melton Miller Mo ate Moore Moorman Morgan Morris Moss Murphy

362

JOURNAL OF THE HOUSE,

NeSmith Newton Odom Otwell Parker of Screven Parker of Appling Farmer Payton Phillips of Columbia Phillips of Bibb Poole Potts Purcell Raulerson Roberts

Roper Sangster Simmons Simpson Smith of Habersham
Story Stuckey Summers Tamplin Taylor of Decatur Taylor of Bibb Teague Thornton Todd Tucker

Vaughn Waldrop Walker of Lowndes Walker of Telfair Ware Wells of Peach Wells of Oconee Wells of Camden Wilkes Williams of Hall Wilson Woodward Young

Those not voting were Messrs.:

Barber Bowen of Toombs Branch Carswell Coker Cox Dorminy Greene Hall of Floyd Hill Hurst Jones of Sumter KilKngsworth

Kimmons Lanier Lokey Milhollin Pelham Phillips of Walton Pickard Ray Rodgers of Charlton Ross Rowland Rutland Scarborough

Scoggin Singer Stevens Strickland Twitty Undercofler Underwood of Taylor Watson Wickham Williams of Coffee Willingham Mr. Speaker

On the passage of the Bill, as amended, the ayes were 43, nays 124.

The Bill, having failed to receive the requisite constitutional majority, was lost.

The following Bill of the House was again taken up for consideration:

HB 28. By Messrs. Kidd and Chandler of Baldwin:
A Bill effecting a complete revision of the Laws of this State relating to the qualification and registration of voters, so as to change the time within which a person must vote in order for his name to be retained on the registration list; and for other purposes.

The following substitute was read:
A BILL
To be entitled an Act to amend an Act effecting a complete revision of the laws of this State relating to the qualification and registration of voters, approved March 25, 1958 (Ga. Laws 1958, p. 269), as amended, by an Act approved February 17, 1959 (Ga. Laws 1959, p. 57), an Act approved March 10, 1959 (Ga. Laws 1959, p. 182), an Act approved March 7, 1960 (Ga. Laws 1960, p. 257), an Act approved March 17,

WEDNESDAY, JANUARY 25, 1961

363

1960 (Ga. Laws 1960, p. 947), and an Act approved March 17, 1960 (Ga. Laws 1960, p. 955), so as to change the time within which a person must vote in order for his name to be retained on the registration list; to provide for examination of applicants to register; to repeal conflict ing laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1
An Act effecting a complete revision of the laws of this State relat ing to the qualification and registration of voters, approved March 25, 1958 (Ga. Laws 1958, p. 269), as amended, by an Act approved Febru ary 17, 1959 (Ga. Laws 1959, p. 57), an Act approved March 10, 1959 (Ga. Laws 1959, p. 182), an Act approved March 7, 1960 (Ga. Laws 1960, p. 257), and an Act approved March 17, 1960 (Ga. Laws 1960, p. 947), and an Act approved March 17, 1960 (Ga. Laws 1960, p. 955), is hereby amended by adding at the end of Section 14 the following:
"The board is hereby authorized to designate one or more of its own members and one or more deputies for the purpose of examining appli cants for registration, and the board, or such one or more of its own members, or such one or more of its deputies, are authorized to examine any applicant at the time he makes application for registration." so that when so amended, Section 14 shall read as follows:
"Section 14. All cards shall be turned over to the registrars and examined by them within 10 days from the date of the application. If the answer to the question propounded to the applicant relating to the offenses enumerated in Paragraph I of Section II of Article II of the Constitution is answered in the affirmative and the applicant has not been pardoned, the registrars shall reject the application. If such ques tion is answered in the negative, the board shall notify the applicant in writing to appear before it on a day and time certain. At that time, the applicant shall be subjected to an examination as to his qualifications. Such notice shall be given within 5 days after the date of the examina tion of the card. The examination of the applicant shall be conducted in accordance with the procedure herein prescribed. The board is also authorized to designate one or more of its own members and one or more deputies for the purpose of examining applicants for registration, and the board, or such one or more of its own members, or such one or more of its deputies, are authorized to examine any applicant at the time he makes application for registration."
SECTION 2
Said Act is further amended by striking Section 20 in its entirety and inserting in lieu thereof a new Section 20 to read as follows:
"Section 20. The electors who have qualified shall not thereafter be required to register or further qualify, except as provided by law. No person shall remain a qualified voter who does not vote in at least one election, as provided in this section, within a four-year period unless he shall specifically request continuation of his registration in the manner hereinafter provided.
"Within 60 days after the first day of January, beginning in the year 1959, and quadrennially thereafter, the registrars shall revise and

364

JOURNAL OF THE HOUSE,

correct the registration records in the following manner: They shall examine the registration cards and shall suspend the registration of all electors who have not voted in any general election or primary, Federal, State or county within the four years next preceding said first day of January; provided, however, that on or before March 1st of said year the registrars shall post a notice on the bulletin board of the courthouse substantially as follows: 'You are hereby notified that according to State law, your registration as a qualified voter will be cancelled for having failed to vote within the past four years, unless before April 1st of the current year you continue your registration by applying in person to this office.' listing names and addresses of those affected.
"Effective April 1, 1959, and quadrennially thereafter, the regis trars shall cancel the registration of all electors thus notified who have not applied for continuance, and the names of all such electors shall be wholly removed from the list of qualified voters prior to May 1st of that year. Any elector whose registration has been thus cancelled may re register in the manner provided for original registration in this law. No person shall remain a qualified voter longer than he shall retain the qualifications under which he is registered."
SECTION 3
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. Willingham of Cobb moves to amend Substitute to HB 28 by striking the word "quadrennially" wherever appearing in Section 2 and insert the word "biannually" in lieu thereof.
Mr. Cloer of Towns moves to amend substitute to HB 28 by adding at the end of the first sentence of the last paragraph of Section 20 as amended by Section 2 of said Bill:
"a list of those so removed shall be posted in a conspicuous manner in the county courthouse not later than April 10th of such year."
Mr. Underwood of Montgomery moves to amend Substitute to HB 28 as follows:
By adding a new Section to be known as Section 2A to read as follows:
"Section 2A. Said Act is further amended by adding a new Section to be designated as Section 24A to read as follows:
'Section 24A. As provided on the registration card, a person must state whether assistance in marking or voting the ballot will be required. There shall be listed on the voters' list, by the name of each voter, whether assistance will be required and no such assist ance shall be given unless the voters' list is so marked. Any person receiving assistance or rendering assistance in violation of the pro visions of this Section shall be guilty of a misdemeanor, and upon conviction thereof shall be punished as for a misdemeanor. In addi tion thereto, the ballot of any person receiving assistance in viola tion of the provisions of this Section shall not be counted.' "

WEDNESDAY, JANUARY 25, 1961

365

Mr. Baughman of Early asked unanimous consent that further consideration of the Bill, substitute, and the amendments thereto, be postponed until January 26, 1961, and the consent was granted.

The Bill was postponed until January 26, 1961.

HR 62. By Messrs. Parker of Screven, Johnson of Jenkins, Arnsdorff of Effingham and others:
A Resolution guaranteeing freedom of speech and freedom of peace able assembly to the students of the University of Georgia; and for other purposes.
The Resolution was ordered printed and was carried over as unfinished business.
The following Bill of the House was taken up for the purpose of considering the Senate amendments thereto:
HB 40. By Mr. McCutchen of Gilmer:
A Bill placing certain restrictions on candidates for public office on the day of election; and for other purposes.
Mr. McCutchen of Gilmer moved that the House agree to the following Senate amendments to HB 40:
HB 40 be and hereby is amended, as follows:
Delete from Section 21, the following words: "electric power or lights," "or power or electric light system," "electric lights, power," "power and lights," and "power, light," so that said Section shall read, as follows:
"The City of Ellijay is authorized to own and operate a system of waterworks for supplying water for all purposes for all persons resident therein, and to other persons provided for herein; they shall have power and authority to purchase, maintain, equip, repair, and extend such system of waterworks, sewage, gas systems, all or any of them, and shall have full power to do any and all things necessary for these purposes; to contract with persons, firms and corporations for the purchase of land to be used in connection therewith, whether within or without the limits of the City of Ellijay, whether said lands or easements be within or without said city, and, if necessary, to condemn the same herein pro vided according to the laws of Georgia; they shall have power to pur chase water tanks, valves, drains, mains, pipes, plants and machinery and all articles and things necessary or advisable for the establishment, equipment, and extension or enlarging and in any way improving such water system, sewer or gas system, to bore wells, erect or build plants, houses, sheds or other structures and furnish the same, and to make contracts with the residents or nonresidents of said city, or other muni cipalities for furnishing water, gas, sewage, or any or all such services, at such rates and under such rules and regulations as the mayor and council may provide. Said mayor and council shall also have the power to contract with any person, firm or corporation to light the streets of said city, or the furnishing of any or all of the above described services

366

JOURNAL OP THE HOUSE,

to such consumers as previously described, under such terms, rules, regulations, conditions and limitations as they may prescribe, and such contracts shall be enforceable in the courts of the State. Said mayor and council shall have authority to fix a scale of rates for such services, make and enforce rules for collection of taxes; adopt rules and regula tions with the introduction of water, sewage, gas, into or upon any premises, and regulate the use of such services in the manner deemed proper; and shall have power to furnish, place or compel the use of meters, and prescribe the kind, make and use of same on the condition of furnishing such services, and through their agents or servants to inspect all pipes, meters and other apparatus at any time, and may require payment in advance for use or rent of water, sewage, gas, or other services so furnished by the city. For non-payment, when due, they may discontinue to furnish such services. Collections for any or all such services may be enforced by issuance of execution, levy and sale, as provided for collection of city tax."
Delete Section SO of HB 40 and in lieu thereof insert a new Section 30 reading as follows:
"The Mayor and Council shall have authority to require any rail road company running railroads through said City, or any portion of it, to make and repair grade crossings on their several railroads in accordance with the general law of the State."
Waters of the 41st moves to amend HB 40 as follows:
By adding following Section 28 a new section to be known as Sec tion 28A and to read as follows:
"The Mayor and council of the City of Ellijay shall have the Au thority to create a bird and wild life sanctuary within the city limits of said city. The mayor and council may, by ordinance, prohibit the killing of any bird or other wild life creature within the limits of said sanctu ary."

On the motion to agree to the Senate amendments to HB 40, the ayes were 113, nays 0.

The House agreed to the Senate amendments to HB 40.

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

SB 32. By Senator Sanders of the 18th: A Bill to be known as "The Medical Assistance for the Aged Act"; and for other purposes.
SB 48. By Senators Sanders of the 18th, Knox of the 54th and others: A Bill to implement Article XIII, Sec. XIII, Par. I of the Constitution by providing grants of state and local funds for educational purposes;

WEDNESDAY, JANUARY 25, 1961

367

to prescribe the amount, terms and conditions of such grants; to provide misdemeanor punishment for violation of any terms of this Act; and for other purposes.

SR 25. By Senators Dews of the 9th, Conger of the 8th and others:
A Resolution proposing an amendment to the Constitution of the United States of America.

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

SB 49. By Senators Sanders of the 18th and Knox of the 54th and others:
A Bill to amend Code Section 32-910, as amended, relating to appeals to the State Board of Education, so as to redefine the school systems from which such appeals may be taken; to repeal conflicting laws; and for other purposes.

By unanimous consent, the following Bills and Resolution of the Senate were read the first time and referred to the committees:

SR 25. By Senators Dews of the 9th, Conger of the 8th, McWhorter of the 50th, Knox of the 54th, Claxton of the 21st and others:
A Resolution proposing an amendment to the Constitution of the United States of America; and for other purposes.
Referred to the Committee on State of Republic.

SB 48. By Senators Sanders of the 18th, Knox of the 54th and Claxton of the 21st:
A Bill to be entitled an Act to implement Article VIII, Sec. XIII, Par. p. of the Constitution by providing grants of state and local funds for edu cational purposes; and for other purposes.
Referred to the Committee on Education.

SB 32. By Senator Sanders of the 18th:
A Bill to be entitled an Act to be known as "The Medical Assistance for the Aged Act"; and for other purposes.
Referred to the Committee on Hygiene and Sanitation.

SB 49. By Senators Sanders of the 18th and Knox of the 54th and others:
A Bill to be entitled an Act to amend an Act relating to appeals to the State Board of Education, so as to redefine the school systems from which such appeals may be taken; and for other purposes.
Referred to the Committee on Education.

368

JOURNAL OF THE HOUSE,

The following Resolutions of the House were read and adopted:

HR 96. By Mr. Smith of Emanuel:
A RESOLUTION
Expressing sympathy upon the passing of Mrs. W. L. Barber; and for other purposes.
WHEREAS, Mrs. W. L. Barber, the Mother of Representative Mac Barber of Jackson County, passed away; and
WHEREAS, she was beloved by all who knew her, and her death will be a great loss to her community and her State;
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that heartfelt sympathy is hereby extended to Representative Mac Barber upon the passing of his Mother.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a copy of this Resolution to Representative Mac Barber.

HR 97. By Messrs. Smith of Emanuel and Twitty of Mitchell:
A RESOLUTION
Calling a joint session of the House and Senate to attend a Concert of the Atlanta Symphony Orchestra; and for other purposes.
WHEREAS, the Atlanta Symphony Orchestra under the capable direction of Mr. Henry Sopkin is one of the outstanding orchestras of its kind in the United States; and
WHEREAS, it has presented concerts which have been acclaimed by music critics and devotees alike; and
WHEREAS, arrangements have been made for the members of the General Assembly to attend a Concert by the aforesaid Orchestra espe cially for the benefit of the members of the General Assembly;
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that a joint session of the House and Sen ate is hereby called for the purpose of attending a Concert by the At lanta Symphony Orchestra under the direction of Mr. Henry Sopkin, which Concert will be held on February 6, 1961, at 10:30 o'clock A.M. in the Sanctuary of Trinity Methodist Church.

HR 98. By Mr. Smith of Emanuel:
A RESOLUTION
Expressing appreciation to Honorable Steve Cocke; and for other purposes.
WHEREAS, Honorable Steve Cocke, Representative from Terrell County, has provided each member of the House with a delicious jar of peanut butter; and
WHEREAS, this tasteful product, manufactured by Cinderella

WEDNESDAY, JANUARY 25, 1961

369

Foods of Dawson, Georgia, has been thoroughly enjoyed by his fellow Representatives;
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that sincere appreciation is hereby expressed to Honorable Steve Cocke and to Cinderella Foods of Dawson, Georgia for the fine gesture in giving each member of the House the wonderful gift as aforesaid.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a copy of this Resolution to Honorable Steve Cocke and to Cinderella Foods.

The following Resolutions of the House were read and referred to the com mittees :

HR 99. By Mr. Lanier of Candler and others:
A RESOLUTION
To honor the memory of the late Dr. Thomas B. Janes, Georgia's first Commissioner of Agriculture; to provide for an appropriate marker on his grave and on the highway right-of-way near his grave and to provide also for an appropriate marker to mark his old home site in Greene County; and for other purposes.
WHEREAS, the General Assembly of Georgia created a State De partment of Agriculture by an Act approved February 28, 1874 (Ga. Laws 1874, p. 6), the first State Department of Agriculture in the United States; and
WHEREAS, Dr. Thomas B. Janes, a native of Greene County, Georgia, an alumnus of Princeton and the University of New York and a practicing physician and farmer of Penfield, Georgia, was in Sep tember of 1874 appointed Georgia's first Commissioner of Agriculture and is believed to have been the first State Commissioner of Agriculture in the United States; and
WHEREAS, Dr. Janes distinguished himself in this important of fice by demonstrating and promoting better agricultural practices such as crop rotation, purebred livestock production, improved fertilization practices and other such advanced ideas that materially helped the Georgia farmer of that day; and
WHEREAS, Dr. Janes authored a book entitled "Handbook of the Georgia Department of Agriculture" which recommended improved agri cultural practices for Georgia farmers and helped instruct them in new and better ways of farming,
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Georgia Department of Agricul ture and the Georgia Historical Commission be and are hereby author ized to place an appropriate headstone on the unmarked grave of the late Dr. Thomas B. Janes and to expend funds to defray the cost in curred thereby.
BE IT FURTHER RESOLVED that these same two state agencies be and are hereby authorized to also expend funds to erect appropriate markers on Georgia Highway No. 15 and at other places near the Janes

370

JOURNAL OP THE HOUSE,

family cemetery to appropriately mark its location and erect markers on . the rural road near the old Janes homeplace to appropriately mark their
location.
Referred to the committee on Agriculture.

HR 100. By Mr. Smith of Emanuel:
A RESOLUTION
Relating to the Code of Georgia; and for other purposes.
WHEREAS, the last Official Code of Georgia was adopted in 1933 and since that time innumerable laws have been enacted, which have not been officially codified; and
WHEREAS, Code Commissions have been created since that time but no revision or adoption of any official codification has been forth coming; and
WHEREAS, a proposal has been presented to the Legislative Serv ices Committee relative to the adoption of the Annotated Code of Geor gia as the Official Code, but the Committee, due to the press of recent events, and due to other matters relative to the business of this Session, has not had sufficient time or opportunity to adequately study this pro posal; and
WHEREAS, the subject of revision or adoption of any Official Code should be thoroughly studied.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the Legislative Services Committee and the Office of the Legislative Counsel are hereby authorized and directed to make a study of the revision or adoption of an Official Code, and the proposal as set out above and make a report and recommendations thereon to the 1962 Session of the General Assembly of Georgia.
Referred to the committee on General Judiciary.

HR 101. By Mr. Wells of Camden:
A RESOLUTION
To create a joint committee of the House and Senate to study water pollution; and for other purposes.
WHEREAS, an abundant supply of fresh and pure water is among the most precious of all natural resources possessed by any State; and
WHEREAS, if not properly supervised, a State's natural water supply may become adulterated to such an extent that the pollution level will rise so as to render impossible the continued use of such water supply for industrial and recreational purposes; and
WHEREAS, it is necessary in order to retain one of our State's most prized assets that some action be taken prior to the pollution level reaching such an alarming extent; and
WHEREAS, the pollution level in Georgia is rising.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL

WEDNESDAY, JANUARY 25, 1961

371

ASSEMBLY OF GEORGIA that there is hereby created a committee to be composed of three (3) members of the House to be appointed by the Speaker of the House of Representatives and two (2) members of the Senate appointed by the President of the Senate to study the water pollution problem in this State. Said committee shall make a study of the factors contributing to the pollution of our natural water supply. Said committee shall be authorized to meet not in excess of twenty (20) days and shall make its report to the 1962 Session of the General As sembly; upon making said report, the committee shall stand abolished. The members of the committee shall be authorized to receive the per diem amount authorized for interim committees of the General Assembly.
Referred to the committee on Rules.

HR 102. By Messrs. Matthews of Colquitt, Branch of Tift and others:
A RESOLUTION
Urging the Board of Regents of the University System of Georgia to change the status of the Abraham Baldwin Agricultural College at Tifton, Georgia, from a two-year to a four-year institution.
WHEREAS, in these trying times of world crisis it is imperative that the future leaders of our country have an opportunity to obtain an adequate education; and
WHEREAS, the student capacity of the four-year institutions com posing the University System of Georgia is presently taxed beyond reason and due to space limitations, inadequate to meet the educational needs of a large portion of the otherwise qualified young people of Georgia; and
WHEREAS, there is only one four-year institution located South of Macon, Georgia, and this institution is likewise overcrowded; and
WHEREAS, this situation tends to deprive a great number of the future leaders of Georgia and the Nation of an opportunity to obtain adequate preparation through a college education which would decidedly better enable them to meet the challenges presented by our evolving, modern American way of life;
NOW THEREFORE BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Board of Regents of the University System of Georgia is most strongly urged to help alleviate these repre hensible conditions by changing the Abraham Baldwin Agricultural College from a two-year institution to a four-year institution so that it may more adequately provide an educational opportunity for the quali fied young people of Georgia.
Referred to the committee on University System of Georgia.

HR 103. By Mr. Rowland of Johnson: A RESOLUTION
Relative to the chairs provided for the members of the General Assembly; and for other purposes.
WHEREAS, the membership of the House is required to be in at-

372

JOURNAL OF THE HOUSE,

tendance upon the business of this Body for forty (40) days during each year; and
WHEREAS, it is desirable that the members of this House be com fortable and that the chairs provided for the members should be com fortable as well as useful; and
WHEREAS, the chairs now provided have been in use over an extended period of time and are uncomfortable;
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the Secretary of State be and is hereby authorized and directed to negotiate for the purchase of appropriate chairs for the members of the House of Representatives.
Referred to the committee on State Institutions and Property.

HR 104. By Messrs. Crawford and Funk of Chatham, and others:
A RESOLUTION
WHEREAS; At the beginning of the 1960-61 school year the Geor gia State Board of Education passed an order denying school bus trans portation to children living within 1% miles as the Crow Flies of their respective schools and,
WHEREAS: School Bus Transportation has increased greatly in the past few years, partly because it is known that many pupils lose days of schooling when individual family transportation is used, and
WHEREAS: School Bus Transportation has been further greatly increased by consolidation of school facilities, particularly in rural areas, thereby requiring greater travel to and from school by the students and
WHEREAS: The distance to and from school is not always the main factor in deciding where bus transportation is needed. In these times of fast vehicle traffic on some through streets that must be crossed, the safety and protection of children is of uppermost importance. Cross ing guards at some key intersections have solved the safety problem to some extent for children walking to and from school. The records show, however, that greatest protection is afforded children riding the school bus, and
WHEREAS: The safety of the children of Georgia has always been a concern of paramount importance to the General Assembly of Georgia.
NOW THEREFORE BE IT RESOLVED; by the General Assem bly of Georgia that the State Board of Education is hereby requested and directed to use the factor of safety in any formula determining criteria for eligibility of children for school bus transportation.
It is further directed that the Clerk of the House of Representatives and Secretary of the Senate forward a copy of this Resolution to the State Superintendent of schools and all members of the State Board of Education.
Referred to the committee on Education.

WEDNESDAY, JANUARY 25, 1961

373

HR 105. By Mr. McCracken of Jefferson:
A RESOLUTION
Providing for the investigation of the Ordinaries' Retirement Fund of Georgia; and for other purposes.
Whereas, the General Assembly of Georgia created the Ordinaries' Retirement Fund of Georgia by an Act of the General Assembly ap proved December 22, 1953 (Georgia Laws, Nov.-Dec. Sess., 1953, p. 362) ; and whereas, there have been several amendments to said Act, and
Whereas, it is desirable that the General Assembly be made cogni zant of the procedures used in administering the Fund and the manner in which the affairs of the Fund are being carried on; the present status of the Fund; and the future needs of the Fund.
Now, therefore, be it resolved by the General Assembly of Georgia that there is hereby created a committee to be composed of five (5) members of the House to be appointed by the Speaker, and three (3) members of the Senate, to be appointed by the Lieutenant-Governor, for the purpose of conducting a study of and an investigation of the Ordi naries' Retirement Fund of Georgia. The committee is hereby author ized to hold hearings and examine the records of said Fund. The com mittee is hereby granted subpoena powers and such other powers as are necessary for the performance of its functions under the Resolution. The committee shall meet within thirty (30) days after the adjournment of this session, for the purpose of organizing, electing a chairman and adoption procedures for its operation. The members shall receive the compensation and allowances authorized for members of interim com mittees. It shall make a report of its findings and recommendations to the next session of the General Assembly of Georgia; and the committee created hereby shall stand abolished as of January 1, 1962. Said com mittee shall not function for over twenty (20) days unless authorized by the Speaker of the House of Representatives and the Lieutenant-Gov ernor of the State of Georgia.
Referred to the committee on State of Republic.

HR 106. By Mr. Mixon of Irwin:
A RESOLUTION
Relative to certain welfare benefits; and for other purposes.
WHEREAS, in many areas of this State the number of births of illegitimate children has sharply increased during the last few years; and
WHEREAS, although laws have been enacted in an attempt to stop illegitimate births, under Federal rules and regulations welfare pay ments are still authorized for illegitimate children; and
WHEREAS, at the time the General Assembly of Georgia enacted a law prohibiting payments to any mother for more than one illegitimate child, the Federal agency administering the welfare program threatened to withhold all funds from the State of Georgia unless such law were repealed; and
WHEREAS, there is no action which might be taken on the State

374

JOURNAL OF THE HOUSE,

level to cope with this situation, but action needs to be taken on the Federal level;
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the members of this body deplore the situation existing at the present time which, in effect, condones illegiti macy and rewards persons for illegitimate births, and request that the members of the United States Senate and the members of the United States House of Representatives from Georgia do all in their power to take whatever action necessary to prevent welfare payments for ille gitimate children.
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.
Referred to the committee on Welfare.

By unanimous consent, the following Bill of the House was recommitted for further study:

HB 35. By Mr. Rowland of Johnson:
A Bill to amend Code Section 67-1403 with reference to the recording of conditional bills of sale on household furniture; and for other pur poses.

Mr. Underwood of Montgomery moved that the House adjourn until 11:00 o'clock tomorrow morning and the motion prevailed.

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

THURSDAY, JANUARY 26, 1961

375

Representative Hall, Atlanta, Georgia Thursday, January 26, 1961

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

Prayer was offered by the Chaplain.

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

Mr. Black of Webster, Chairman of the Committee on Auditing, Enrolling, Engrossing and Journals reported that the Journal of the previous legislative day 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 uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions. 7. That the Speaker may in his discretion call upon any Bill on the General
Calendar in any order that he desires.

By unanimous consent, the House reconsidered its action in not giving the requisite constitutional majority to the following Bill of the House:

HB 34. By Messrs. Bowen of Randolph, Jordan of Calhoun and others:
A Bill authorizing expense and travel allowance to reporters of the Superior Court; and for other purposes.

The Bill was placed on the General Calendar.

The following Bill of the House was recommitted to the Committee on Judi ciary for further study:

HB 28. By Messrs. Kidd and Chandler of Baldwin: A Bill to amend the State election laws; 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:

376

JOURNAL OF THE HOUSE,

HB 254. By Mr. Undercofler of Sumter:
A Bill to be entitled an Act to amend an Act relating to the creation by deeds to beneficial interests of trust estates in property located in this state; to provide for the acquiring of such property; and for other pur poses.
Referred to the Committee on Judiciary.

HB 255. By Mr. Undercofler of Sumter:
A Bill to be entitled an Act to amend an Act specifying corporations and organizations exempt from State income tax, so as to provide an addi tional exemption for real estate investment trusts; and for other pur poses.
Referred to the Committee on Ways and Means.

HB 256. By Mr. Murphy of Haralson:
A Bill to be entitled an Act to empower the City of Bremen to grant franchises and rights of way in the public streets in the said City to utility corporations; and for other purposes.
Referred to the Committee on Local Affairs.

HB 257. By Mr. Pannell of Murray:
A Bill to be entitled an Act to repeal an Act relating to publication of campaign expenses by candidates; and for other purposes.
Referred to the Committee on State of Republic.

HB 258. By Messrs. Pannell of Murray, Rowland of Johnson, McCutchen of Gilmer, Wilson of Cobb and Howard of DeKalb and many others:
A Bill to be entitled an Act to amend an Act relating to the wife's sepa rate estate, so as to remove the provisions prohibiting the wife from binding her separate estate and relating to the sale of her separate estate; and for other purposes.
Referred to the Committee on Judiciary.
HB 259. By Mr. Rowland of Johnson:
A Bill to be entitled an Act to amend an Act establishing the State Em ployees' Retirement System, so as to provide for additional creditable service; and for other purposes.
Referred to the Committee on State of Republic.
HB 260. By Messrs. Willingham, Teague and Wilson of Cobb:
A Bill to be entitled an Act to amend an Act providing for an additional Judge of the Superior Court of the Cobb Judicial Circuit, so as to pro vide that said additional Judge shall receive the same compensation, salary, expenses and allowance as the other Judge of said Circuit; and for other purposes.
Referred to the Committee on Judiciary.

THUESDAY, JANUARY 26, 1961

377

HB 261. By Messrs. McGarity of Henry and Howard of DeKalb:
A Bill to be entitled an Act to protect the right to work in this State from infringement based on the age of the employee or applicant for employment; and for other purposes.
Referred to the Committee on Industrial Relations.

HB 262. By Mr. Joiner of Washington:
A Bill to be entitled an Act to amend an Act creating the City charter of Sandersville, so as to change the corporate limits; and for other pur poses.
Referred to the Committee on Local Affairs.

HB 263. By Messrs. Bowen of Randolph, Summers of Crisp, Massee of Pulaski, Lovett of Laurens, Killingsworth of Clay, Jordan of Calhoun and others:
A Bill to be entitled an Act to repeal an Act providing for the compul sory school attendance of all children within the State of Georgia be tween their seventh and sixteenth birthdays; and for other purposes.
Referred to the Committee on Education.
HB 264. By Mr. Smith of Emanuel:
A Bill to be entitled an Act to amend an Act relating to the incorpora tion of the City of Swainsboro, so as to provide for a change in the hours for voting in elections; and for other purposes.
Referred to the Committee on Local Affairs.

HB 265. By Mr. Dorminy of Ben Hill:
A Bill to be entitled an Act to amend an Act, so as to provide that if the first Monday in a month falls on a legal holiday, the Courts of Ordinary do not have to convene until the following day; and for other purposes.
Referred to the Committee on Judiciary.

HB 266. By Mr. Dorminy of Ben Hill:
A Bill to be entitled an Act to amend an Act so as to provide that if the fixed time for holding a Justice of the Peace Court should happen to fall on a legal holiday, then the day following would be considered the regu lar court day; and for other purposes.
Referred to the Committee on Judiciary.

HB 267. By Messrs. Kidd and Chandler of Baldwin:
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 Baldwin; and for other purposes.
Referred to the Committee on Local Affairs.

378

JOURNAL OF THE HOUSE,

HB 268. By Mr. Dorminy of Ben Hill:
A Bill to be entitled an Act to provide that the appearance day of a case shall be thirty days after the return day regardless of whether the defensive pleadings have been filed within that period of time or not; and for other purposes.
Referred to the Committee on Judiciary.

HB 269. By Messrs. Scoggin and Lowery of Floyd, Cokep of Walker, Loggins of Chattooga, Busbee of Dougherty, Hall of Floyd and others:
A Bill to be entitled an Act to amend an Act providing for additional points for certain applicants taking examinations given by any exam ining board or commission under the State Examining Board System, so as to provide that the additional points shall not be available to those applicants taking examination under the State Board of Accountancy; and for other purposes.
Referred to the Committee on State of Republic.

HR 87-269. By Messrs. Twitty of Mitchell, Underwood of Montgomery, Walker of Telfair and Lanier of Candler:
A Resolution relating to the designation of a bridge as the "S. Ernest Vandiver Bridge"; and for other purposes.
Referred to the Committee on Highways.

HR 88-269. By Mr. Pannell of Murray:
A Resolution to compensate R. L. Vining; and for other purposes. (State Highway Dept.)
Referred to the Committee on Appropriations.

HR 89-269. By Messrs. McGarity of Henry, Fowler of Douglas, and Duncan of Carroll:
A Resolution so as to provide compensation for Mrs. May Lee; and for other purposes. (Parks Dept.)
Referred to the Committee on Appropriations.

HR 90-269. By Messrs. Wilson, Teague and Willingham of Cobb:
A Resolution authorizing and directing the State Librarian to furnish certain law books for the Cobb Judicial Circuit; and for other purposes.
Referred to the Committee on Local Affairs.

HR 91-269. By Messrs. Williams and Andrews of Hall:
A Resolution compensating Pairlon B. Bennett; and for other purposes. (State Highway Dept.)
Referred to the Committee on Appropriations.

THURSDAY, JANUARY 26, 1961

379

HR 92-269. By Messrs. Williams and Andrews of Hall:
A Resolution to compensate the North Georgia Petroleum Company; and for other purposes. (State Highway Dept.)
Referred to the Committee on Appropriations.

HR 93-269. By Messrs. Andrews and Williams of Hall:
A Resolution to compensate Mrs. Frances S. Ivey; and for other pur poses. (State Highway Dept.)
Referred to the Committee on Appropriations.

HR 94-269. By Messrs. Andrews and Williams of Hall:
A Resolution to compensate Ernest Paul Rundles; and for other pur poses. (State Highway Dept.)
Referred to the Committee on Appropriations.

HR 95-269. By Mr. Horton of Putnam:
A Resolution to compensate Joseph Paul Larman; and for other pur poses. (State Highway Dept.)
Referred to the Committee on Appropriations.

HB 270. By Mr. Fuqua of Richmond:
A Bill to be entitled an Act to amend an Act relating to the renewal of real estate licenses; and for other purposes.
Referred to the Committee on Industry.
HB 271. By Mr. Fuqua of Richmond: A Bill to be entitled an Act to prohibit any person from obtaining or attempting to obtain, by the use of any fraudulent scheme, device, means or method, telephone or telegrraph service or the transmission of a message, signal or other communication by telephone or telegraph with intent to avoid payment to the lawful price, charge or toll therefor; and for other purposes.
Referred to the Committee on State of Republic.
HB 272. By Messrs. Brooks, McClelland and Smith of Fulton: A Bill to be entitled an Act for the protection of pension rights of county officers and employees of counties in this State having a population of more than 500,000, who may be elected by the governing authorities of the largest city located in whole or in part therein; to provide for credits for retirement income; and for other purposes.
Referred to the Committee on Local Affairs.
HB 273. By Messrs. Dicus, Pickard and Wickham of Muscogee: A Bill to be entitled an Act to amend the charter of the City of Colum bus; and for other purposes.
Referred to the Committee on Local Affairs.

380

JOURNAL OF THE HOUSE,

HB 274. By Mr. Dicus of Muscogee:
A Bill to be entitled an Act to amend an Act relating to the capacity of persons to contract for marriage, so as to raise the minimum ages of the male applicant for a marriage license to eighteen and of the female applicant to sixteen; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 275. By Messrs. Kidd and Chandler of Baldwin:
A Bill to be entitled an Act to create the offices of a State Highway Commission, Chairman of State Highway Commission, a Highway En gineer, and Treasurer of the State Highway Department, to prescribe their duties and powers, compensation and tenure; and for other pur poses.
Referred to the Committee on Highways.

HB 276. By Messrs. Dicus, Pickard and Wickham of Muscogee:
A Bill to be entitled an Act to amend an Act relating to certain public lands in the City of Columbus; and for other purposes.
Referred to the Committee on Local Affairs.

HB 277. By Messrs. Hill and NeSmith of Meriwether:
A Bill to be entitled an Act to amend an Act creating a Board of County Commissioners for the County of Meriwether; and for other purposes.
Referred to the Committee on Local Affairs.

HB 278. By Messrs. NeSmith and Hill of Meriwether:
A Bill to be entitled an Act to amend an Act consolidating the offices of Tax-Receiver and Tax-Collector of Meriwether County; and for other purposes.
Referred to the Committee on Local Affairs.

HB 279. By Messrs. Hill and NeSmith of Meriwether:
A Bill to be entitled an Act to amend an Act, so as to provide that in certain counties if the tax collector or tax commissioner is on a salary the commissions provided for collecting certain taxes shall be paid to the county and shall be county funds; and for other purposes.
Referred to the Committee on Local Affairs.
HB 280. By Messrs. NeSmith and Hill of Meriwether:
A Bill to be entitled an Act to place the compensation of the Sheriff, the Clerk of the Superior Court, the Ordinary and the Coroner of Meri wether County on a salary basis in lieu of a fee basis; and for other purposes.
Referred to the Committee on Local Affairs.

THURSDAY, JANUARY 26, 1961

381

HB 281. By Messrs. Hill and NeSmith of Meriwether:
A Bill to be entitled an Act to abolish the office of Treasurer of Meri wether County; to provide for depositories for the deposit of County funds; and for other purposes.
Referred to the Committee on Local Affairs.

HB 282. By Messrs. Steis of Harris, Floyd of Chattooga and Summers of Crisp:
A Bill to be entitled an Act to amend an Act providing for the issuance of automobile license tags to disabled veterans, so as to provide for the issuance of license tags to certain other veterans; and for other purposes.
Referred to the Committee on Defense and Veteran Affairs.

HB 283. By Messrs. NeSmith of Meriwether, Hall of Lee, Sinclair of Macon, Phillips of Columbia, Baughman of Early, Mullis of Bleckley and White of Mclntosh:
A Bill to be entitled an Act to amend an Act of the Banking Law of Georgia relating to the purchase and ownership of stocks, bonds and other investment securities by banks, so as to authorize the purchase and ownership by banks of this State of obligations of authorities, counties, districts and municipalities thereof; and for other purposes.
Referred to the Committee on Banks and Banking.

HR 107-283. By Messrs. Abney and Coker of Walker, and Knight of Berrien:
A Resolution authorizing the conveyance of certain real property lying and being in the 8th District and 4th Section of Walker County, Geor gia and being a part of Land Lot No. 193 in said District and Section; and for other purposes.
Referred to the Committee on State Institutions and Property.
HB 284. By Messrs. Kirkland of Tattnall, Strickland of Evans, Jones of Liberty, Fitzgerald of Long, White of Mclntosh and Shuman of Bryan:
A Bill to be entitled an Act to amend an Act placing the Solicitor-Gen eral of the Atlantic Judicial Circuit on a salary basis in lieu of a fee basis; and for other purposes.
Referred to the Committee on Local Affairs.

By unanimous consent, the following Bills of the Senate were read the first time and referred to the committees:
By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time:

HB 239. By Messrs. Rogers of Paulding, Floyd of Chattooga, Knight of Berrien, Tamplin of Morgan, Murphy of Haralson, Underwood of Taylor and others:
A Bill to be entitled an Act to amend an Act entitled "The Georgia Re tailers and Consumers' Sales and Use Tax Act," so as to change the

382

JOURNAL OF THE HOUSE,

compensation of the dealer for accounting for and remitting the tax levied by this Act; and for other purposes.

HB 240. By Mr. Joiner of Washington:
A Bill to be entitled an Act to amend an Act relating to the incorpora tion of the Town of Davisboro, so as to extend the corporate limits; and for other purposes.

HB 241. By Mr. Wells of Camden:
A Bill to be entitled an Act to amend an Act relating- to the age of majority in this State, so as to lower said age from twenty-one to eighteen; and for other purposes.

HB 242. By Mr. Wells of Camden:
A Bill to be entitled an Act to amend an Act creating the State Game and Fish Commission, so as to provide for a sub-commission to be com posed of members from the coastal counties; and for other purposes.

HB 243. By Messrs. Smith of Grady, Rowland of Johnson, McCracken of Jeffer son, Steis of Harris and Underwood of Montgomery:
A Bill to be entitled an Act to amend an Act relating to the require ments for admission to the practice of law of attorneys from other states, so as to require that all attorneys desiring to practice law in this State, with certain exceptions, must satisfactorily pass an examination; and for other purposes.

HB 244. By Mr. Dunn of Pike:
A Bill to be entitled an Act to create a new charter for the City of Zebulon; and for other purposes.

HB 245. By Messrs. Crawford, Dickey and Funk of Chatham:
A Bill to be entitled an Act to amend an Act incorporating the Mayor and Aldermen of the City of Savannah; to extend the corporate limits; and for other purposes.

HB 246. By Messrs. Flexer of Glynn, Paris of Barrow, Been of Bacon, Parker of Ware, Hodges of Ware, McCracken of Jefferson, Coker of Walker and others:
A Bill to be entitled an Act to amend an Act relating to the penalty for escape from confinement; and for other purposes.

HB 247. By Messrs. Flexer of Glynn, Paris of Barrow, Deen of Bacon, Parker and Hodges of Ware, McCracken of Jefferson and Scoggin of Floyd:
A Bill to be entitled an Act to amend an Act relating to escapes, so as to eliminate the provision that a person be convicted for the crime for which arrested before being guilty under this Act; and for other pur poses.

THURSDAY, JANUARY 26, 1961

383

HB 248. By Mr. Parker of Appling:
A Bill to be entitled an Act to amend an Act to create and establish a new charter for the City of Baxley; and for other purposes.

HB 249. By Messrs. Andrews of Hall, Adams of Polk, Floyd of Chattooga, Wil liams of Hall, Smith of Habersham and Steis of Harris:
A Bill to be entitled an Act to amend an Act known as the Minimum Foundation Program of Education, so as to provide that the minimum annual salary paid to teachers shall not be less than $3,600.00; and for other purposes.

HR 79-249. By Messrs. Floyd and Loggin of Chattooga:
A Resolution to compensate Mae Dell Henderson for injuries to her minor daughter; and for other purposes. (Dept. of Corrections)

HR 80-249. By Mr. Young of Turner:
A Resolution proposing an amendment to the Constitution so as to create the Turner County Development Authority; and for other pur poses.

HR 81-249. By Mr. Watson of Houston:
A Resolution to compensate Mr. H. L. Hackney; and for other purposes. (State Highway Dept.)

HR 82-249. By Messrs. Taylor and Dollar of Decatur:
A Resolution designing the Emmett R. Culbreth and Myrvin H. Culbreth Bridges; and for other purposes.

HR 83-249. By Mr. Purcell of Franklin:
A Resolution to compensate Mrs. G. R. Harrison; and for other purposes. (State Highway Dept.)

HB 250. By Messrs. Scoggins of Floyd, Ballard of Newton, Kidd of Baldwin, Lowrey of Floyd, Flexer of Glynn, Tamplin of Morgan, Killian of Glynn and others:
A Bill to be entitled an Act to safeguard the public health and promote the public welfare by requiring a permit to operate, maintain, open or establish a pharmacy, drug store or establishment that manufactures drugs, medicines, toilet articles or related items; and for other purposes.

HB 251. By Messrs. Brooks, Smith and McClelland of Fulton:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Atlanta, so as to create in the Department of Municipal Revenue Collector the position of Chief Deputy Municipal Revenue Collectors; and for other purposes.

384

JOURNAL OF THE HOUSE,

HB 252. By Messrs. Walker and Budd of Lowndes:
A Bill to be entitled an Act to provide for the employment of clerical assistance for the Court of Ordinary of Lowndes County; and for other purposes.

HB 253. By Dr. Miller of Elbert:
A Bill to be entitled an Act to change the compensation of the Sheriff of Elbert County from the fee system to the salary system; and for other purposes.

HE 86-253. By Mr. Killian of Glynn:
A Resolution to compensate the Seaboard Construction Company; and for other purposes. (State Highway Dept.)
SR 25. By Senators Dews of the 9th, Conger of the 8th, McWhorter of the 50th, Knox of the 54th, Claxton of the 21st and others:
A Resolution proposing an amendment to the Constitution of the United States of America; and for other purposes.
SB 48. By Senators Sanders of the 18th, Knox of the 54th and Claxton of the 21st:
A Bill to be entitled an Act to implement Article VIII, Sec. XIII, Par. p. of the Constitution by providing grants of state and local funds for educational purposes; and for other purposes.

SB 32. By Senator Sanders of the 18th:
A Bill to be entitled an Act to be known as "The Medical Assistance for the Aged Act"; and for other purposes.
SB 49. By Senators Sanders of the 18th and Knox of the 54th and others:
A Bill to be entitled an Act to. amend an Act relating to appeals to the State Board of Education, so as to redefine the school systems from which such appeals may be taken; and for other purposes.

Mr. Joe Underwood of Montgomery 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 135. Do Pass.
HB 161. Do Pass.
HB 176. Do Pass.
HB 177. Do Pass.
HB 180. Do Pass.

THURSDAY, JANUARY 26, 1961

385

HB 179. Do Pass. HB 184. Do Pass. HB 190. Do Pass, as Amended.

Respectfully submitted,
Underwood of Montgomery, Chairman.

Mr. Hall of Floyd County, Chairman of the Committee on Education, sub mitted the following report:
Mr. Speaker:
Your Committee on Education 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 48. Do Pass.

SB 49. Do Pass.

Respectfully submitted,
Hall of Floyd, Chairman.

Mr. McCracken of Jefferson County, Chairman of the Committee on State of Republic, submitted the following report:
Mr. Speaker:
Your Committee on State of Republic has had under consideration the follow ing Bills and Resolution of the House and has instructed me, as Chairman, to report the same back to the House with the following recommendations:

HB 36. Do Pass.

HR 65-171. Do Pass.

HB 243. Do Pass.

HB 139. Do Pass, as Amended.

HB 241. Do Not Pass.

Respectfully submitted,
McCracken of Jefferson, Chairman.

The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has adopted as amended the following Resolution of the House, to wit:

386

JOURNAL OF THE HOUSE,

HR 32. By Mr. Twitty of Mitchell:
A Resolution creating the Criminal Law Study Committee; 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 49. By Mr. Willingham of Cobb:
A Resolution creating the Election Laws Study Committee; to repeal a Resolution providing for an Election Laws Study Committee, approved March 7, 1957 (Ga. Laws 1957, p. 257); and for other purposes.

HR 74. By Mr. Rowland of Johnson:
A Resolution to the Hon. Mr. George Stevens, Director of "The Greatest Story Ever Told," Warner Brothers Pictures, Olive Avenue, Burbank, California; requesting a screen test for Prank M. Roughton; and for other purposes.

HR 84. By Messrs. Barrett of Cherokee; Horton of Putnam; Purcell of Frank lin; and others:
A Resolution complimenting the Southeastern Poultry & Egg Associa tion; and for other purposes.

HR 85. By Messrs. Lanier of Candler; Newton of Colquitt; Sheffield of Brooks; and others:
A Resolution extending congratulations to Hon. John P. Duncan, Jr.; 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 103. By Mr. Baughman of Early:
A Bill to amend an Act entitled "An Act to create and incorporate the City of Blakely in lieu of the Town of Blakely; and for other purposes.

HB 107. By Messrs. Birdsong and Ware of Troup:
A Bill to amend an Act creating a new Charter for the City of LaGrange, approved Dec. 16, 1901 (Ga. Laws 1901, p. 477), as amended, particu larly by an Act approved Jan. 31, 1950 (Ga. Laws 1959, p. 2024), and and Act approved March 5, 1959 (Ga. Laws 1959, p. 2156), so as to increase the corporate limits of said City; to repeal conflicting laws; and for other purposes.

THURSDAY, JANUARY 26, 1961

387

HB 108. By Mr. Duncan of Fannin:
A Bill to provide a supplemental salary for the Ordinary of Fannin County; to repeal conflicting laws; and for other purposes.

HB 111. By Mr. Jernigan of Clinch:
A Bill to amend an Act creating the Board of Commissioners of Roads and Revenues for Clinch County, approved March 9, 1933 (Ga. Laws 1933, p. 456), as amended, so as to change the compensation for Chair man of said Board; to specifically repeal conflicting laws; and for other purposes.

HB 113. By Messrs. Crowe and Greene of Bartow:
A Bill to amend an Act relating to the incorporation of the City of Emerson, so as to provide for a change in the terms for the offices of Mayor and Aldermen; and for other purposes.

HB 117. By Messrs. Killian and Flexer of Glynn:
A Bill to repeal an Act entitled "An Act to provide that in all counties having a population of not less than 40,000 and not more than 50,000, so as to change from the fee system to the salary system the Clerk of the Superior Court, the Sheriff, the Ordinary, the Tax Collector, Tax Receiver and Tax Commissioner"; and for other purposes.

HB 75. By Messrs. Paris of Barrow, Simmons of Banks and Barber of Jackson:
A Bill to repeal an Act placing the court reporter of the Piedmont Judi cial Circuit on a salary basis in lieu of a fee basis, so as to provide for additional compensation of the court reporters of the Piedmont Judicial Circuit; and for other purposes.

HB 76. By Mr. Woodward of Butts:
A Bill to amend an Act creating a Board of Commissioners of Roads and Revenues for Butts County so as to require a periodic audit of the books and records of certain officers of Butts County; and for other purposes.

HB 77. By Mr. Woodward of Butts:
A Bill to change the compensation of the Ordinary of Butts County from the fee system to the salary system; and for other purposes.

HB 78. By Mr. Woodward of Butts:
A Bill to change the compensation of the Tax Collector of Butts County from the fee system to a system whereby such tax collector shall be entitled to certain commissions and a salary provided such commissions do not exceed a specific amount; and for other purposes.

HB 79. By Mr. Woodward of Butts:
A Bill to change the compensation of the Sheriff of Butts County from the fee system to the salary system; and for other purposes.

388

JOURNAL OF THE HOUSE,

HB 82. By Messrs. Bolton and Melton of Spalding:
A Bill to amend the charter of the City of Griffin, by enlarging the present city boundaries and the corporate limits by the annexation of certain described property adjacent to the present city limits; and for other purposes.

HB 83. By Messrs. Bolton and Melton of Spalding:
A Bill to amend the Act creating a new Charter for the City of Griffin so as to change the qualifications and election of members of the Board of Commissioners of the City of Griffin; and for other purposes.

HB 84. By Messrs. Bolton and Melton of Spalding:
A Bill to amend an Act creating a new charter for the City of Griffin, so as to change the amount of appearance bonds and the deposit of col laterals or money; and for other purposes.

HB 86. By Mr. Stevens of Marion:
A Bill to amend an Act entitled "An Act to create a new charter for the Town of Buena Vista, Georgia," to establish a municipal government for said city, to change the time of electing a mayor and five councilmen for said city; and for other purposes.

HB 89. By Mr. Wells of Camden:
A Bill creating a Board of Commissioners of Roads and Revenues for Camden County, Georgia, so as to re-district the county into four Com missioner Districts; and for other purposes.

HB 91. By Messrs. Payton and Potts of Coweta, Farmer of Heard, Waldrop of Carroll, NeSmith of Meriwether, and Hill of Meriwether:
A Bill to provide for a supplement to the compensation of the Solicitor General of the Superior Courts of the Coweta Judicial Circuit; to pro vide for method and means for payment of such supplement in specified amounts by the counties comprising the Coweta Judicial Circuit; and for other purposes.
HB 100. By Messrs. Payton and Potts of Coweta:
A Bill to amend an Act which changed the compensation of the sheriff, the ordinary, and the clerk of the superior court of Coweta County from the fee system, approved March 17, 1960 (Ga. Laws 1960, p. 3028), so as to change the compensation of the ordinary of said county; to repeal conflicting laws; and for other purposes.
HB 101. By Mr. Baughman of Early:
A Bill to amend an Act entitled "An Act to create and incorporate the City of Blakely in lieu of the Town of Blakely; and for other purposes."
HB 102. By Mr. Baughman of Early:
A Bill to amend an Act entitled "An Act to create and incorporate the City of Blakely in lieu of the Town of Blakely; and for other purposes."

THURSDAY, JANUARY 26, 1961

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 35. By Senators Sanders of the 18th and Clary of the 29th:
A Bill to add one additional Judge of the Superior Court for the Augusta Judicial Circuit of Georgia, so as to make three judges in said court; to provide for the election and term of office of said judge, fix time at which he shall begin term of office; provide for procedure connected therewith; and for other purposes.
SB 40. By Senator Knox of the 54th:
A Bill amending, consolidating and superseding the Charter of the City of Hazelhurst and creating a new Charter therefor; approved Dec. 22, 1953 (Ga. L. 1953, Nov.-Dec. Session, p. 2925), so as to change the dates for the tax books to be kept open for making tax returns; to repeal con flicting laws; and for other purposes.
SB 42. By Senators Brown of the 52nd and McWhorter of the 34th:
A Bill to amend an Act approved August 13, 1924, providing a system of pensions and other benefits for members of paid fire departments in cities having a population of more than 150,000 by the United States census of 1920 and any subsequent censuses (Ga. L. 1924, pp. 167-173), and the several Acts amendatory thereof; to repeal conflicting laws; and for other purposes.
SB 43. By Senators Brown of the 52nd and McWhorter of the 34th:
A Bill to amend an Act approved Feb. 15, 1933 (Ga. L. 1933, p. 212, et seq.), providing for pensions for members of police departments in cities having a population of 150,000 or more according to the last cen sus of the U. S. or any subsequent census thereof, so as to provide additional benefits; to repeal conflicting laws; and for other purposes.
SB 45. By Senator Brown of the 52nd:
A Bill to incorporate the City of Hapeville, Georgia; so as to provide for an Assistant City Recorder and Recorders Pro Hac Vice; to provide that city employees classified as Department Heads shall not be ex cluded from the pension and retirement program; and for other purposes.
SB 46. By Senator Brown of the 52nd:
A Bill to incorporate the City of Hapeville, Georgia and for other pur poses and the several Acts amendatory thereof, so as to extend the city limits of said City of Hapeville; to give said City of Hapeville jurisdic tion beyond the incorporate limits as extended a prescribed distance for police, sanitary; and for other purposes.
SB 47. By Senator Brown of the 52nd:
A Bill to incorporate the city of Hapeville, Ga., and the several Acts amendatory thereof, so as to provide for a change in the time of city

390

JOURNAL OF THE HOUSE,

elections, to provide for reapportionment of wards and an increase from four to five wards, qualifications for mayor and council, elections of a mayor pro-tern, assessment for street paving; and for other purposes.

SB 54. By Senator Dailey of the llth:
A Bill to amend an Act relating to the creation of the Board of Com missioners of Roads and Revenues of Randolph County, approved Feb. 13, 1935 (Ga. Laws 1935, p. 778), as amended, so as to provide that the Commissioners of Roads and Revenues of Randolph County shall be elected by all voters residing within the county; to repeal conflicting laws; and for other purposes.

SB 33. By Senator Sanders of the 18th:
A Bill to amend 'an Act authorizing the State Department of Public Welfare to match, accept, and disburse federal grant-in-aid funds for public welfare purposes, Fed. law, approved March 6, 1945 (Ga. Laws 1945, p. 196), so as to authorize transfer of State funds to match fed eral funds for implementation of medical assistance and other welfare programs; repeal conflicting laws; and for other purposes.

SB 38. By Senators Jackson of the 24th, Sanders of the 18th and Knox of the 54th:
A Bill to amend an Act providing- for vocational rehabilitation to the physically and mentally impaired so as to provide that the Director of Vocational Rehabilitation Divisions shall administer the provisions of Sec. 221 of the Social Security Act; provide compensation for Director; 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 Resolution of the Senate, to wit:

SR 26. By Senator Hart of the 53rd:
A Resolution urging the Board of Regents of the University System of Georgia to change the status of the Abraham Baldwin Agricultural Col lege at Tifton, Georgia from a two year to a four year institution.

By unanimous consent, the following Bills and Resolution of the Senate were read the first time and referred to the committees:

SB 35. By Senators Sanders of the 18th and Clary of the 29th:
A Bill to be entitled an Act to add one additional Judge of the Superior Court for the Augusta Judicial Circuit of Georgia, so as to make three judges in said court; and for other purposes.
Referred to the Committee on State of Republic.

THURSDAY, JANUARY 26, 1961

391

SB 40. By Senator Knox of the 54th:
A Bill to be entitled an Act to amend an Act relating to the Charter of the City of Hazlehurst and creating a new charter therefor; and for other purposes.
Referred to the Committee on Local Affairs.

SB 42. By Senators Brown of the 52nd and McWhorter of the 34th:
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 certain cities, and for other purposes.
Referred to the Committee on Local Affairs.

SB 43. By Senators Brown of the 52nd and McWhorter of the 34th:
A Bill to be entitled an Act to amend an Act providing for pensions for members of police departments in certain cities, and for other pur poses. Referred to the Committee on Local Affairs.
SB 45. By Senator Brown of the 52nd:
A Bill to be entitled an Act to incorporate the City of Hapeville, so as to provide for an Assistant City Recorder; and for other purposes.
Referred to the Committee on Local Affairs.
SB 46. By Senator Brown of the 52nd:
A Bill to be entitled an Act to incorporate the City of Hapeville, so as to extend the city limits; and for other purposes.
Referred to the Committee on Local Affairs.
SB 47. By Senator Brown of the 52nd: A Bill to be entitled an Act to incorporate the City of Hapeville, so as to provide for a change in the time of city elections; and for other purposes.
Referred to the Committee on Local Affairs.
SB 54. By Senator Dailey of the llth:
A Bill to be entitled an Act to amend an Act relating to the creation of the Board of Commissioners of Roads and Revenues of Randolph County, and for other purposes.
Referred to the Committee on Local Affairs.
SB 33. By Senator Sanders of the 18th:
A Bill to be entitled an Act to amend an Act authorizing the State Department of Public Welfare to match, accept, and disburse federal grant-in-aid funds for public welfare purposes, and for other purposes.
Referred to the Committee on State of Republic.

392

JOURNAL OF THE HOUSE,

SB 38. By Senators Jackson of the 24th, Sanders of the 18th and Knox of the 54th:
A Bill to be entitled an Act to amend an Act providing for vocational rehabilitation to the physically and mentally impaired so as to provide that the Director of Vocational Rehabilitation Division shall administer the provisions of Section 221 of the Social Security Act, and for other purposes.
Referred to the Committee on State of Republic.
SR 26. By Senator Hart of the 53rd:
A Resolution urging the Board of Regents of the University System of Georgia to change the status of the Abraham Baldwin Agricultural College at Tifton, from a two-year to a four-year institution, and for other purposes.
Referred to the Committee on University of Georgia.
By unanimous consent, the following Bills and Resolutions of the House were taken up for consideration and read the third time:
HB 135. By Mr. Davis of Wayne:
A Bill creating a new Charter for the City of Jesup, in Wayne County, Georgia, and for other purposes.
The following amendment was read and adopted:
Mr. Davis of Wayne moves to amend HB 135 as follows:
By striking the language designated as Section 14 in Section 1 of said Bill and by renumbering the language designated as Section 15 and Section 16 as Section 14 and Section 15, respectively.
By adding at the end thereof, two new Sections of the Bill to be designated as Section 2 and 3 of said Bill to read as follows:
"Section 2. This Act shall be construed as cumulative to other laws now in force providing for public improvements for the City of Jesup, and such other laws as are not in conflict with this Act shall be and remain in force."
"Section 3. All laws and parts of laws in conflict with this Act are hereby repealed."
The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.
On the passage of the bill, as amended, the ayes were 122, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
HB 190. By Mr. Steis of Harris:
A Bill creating and incorporating the City of Shiloh, in Harris County, Georgia, and to grant a charter to that municipality under that name and style, and for other purposes.

THURSDAY, JANUARY 26, 1961

393

The following Committee amendment was read and adopted:
The Committee on Local Affairs moves to amend HB 190, as follows:
1. By striking therefrom, in its entirety, Section 26, and substitut ing in lieu thereof the following words as Section 26:
"Said City of Shiloh shall have full power and authority to furnish water, gas and heat for the public use of said city, and for private use and charge therefor; to own, construct, enlarge, operate, and maintain a system of waterworks and sewerage and a system for the manufacturing and supplying of gas and heat; and to main tain the supplying of said public utility services."
2. By striking therefrom, in its entirety, Section 31, and substitut ing in lieu thereof the following wording as Section 31:
"The Council of said City of Shiloh shall have power and au thority to contract debts and issue bonds of said city as the valid obligations thereof, under and in accordance with the limitations provided in the Constitution and laws of this State, for the purpose of refunding valid existing debts, establishing, improving, and maintaining a sewerage system, for the paving or otherwise im proving streets, sidewalks or public places, and for any other im provement, convenience, or necessity for the use of said city or the citizens thereof, or for any other lawful purposes."
3. By striking therefrom, in its entirety, Section 34, and substitut ing in lieu thereof the following wording as Section 34:
"No gas or water plant or system, now or hereafter owned by the City of Shiloh, shall ever be sold, leased or otherwise disposed of by the City of Shiloh, created by this Act, except in the manner provided by, and in strict compliance with, the Act of the General Assembly of Georgia approved August 25, 1925 (Ga. Laws 1925, pp. 177-179) (Sections 91-901-91-904 of the Code of Georgia); and the provisions of said Act are hereby incorporated as a part of this Section by this reference, and shall be a valid part hereof regardless of any decision invalidating said Act for any reason. Any other property, real or personal, now or hereafter owned by said city (including any property connected with a gas or water plant or system owned by said city, which particular property is no longer serviceable or necessary in the continued and efficient operation of such plant or system) may be sold, leased or otherwise disposed of by said city by resolution of the Mayor and Council thereof, setting forth and approving the terms of any such sale, lease, or other disposition; the Mayor, by direction of said Council, making conveyance thereof; provided, however, that no conveyance of any property worth over one hundred dollars ($100.00) shall be made unless public notice is given of intention to convey in the newspaper of general circulation in the county in which sheriff's advertisements are made at least once a week for three (3) consecu tive weeks immediately prior to such sale or encumbrance; provided, further, that nothing in this Section shall vary the laws regarding bond issues."

The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to.

394

JOURNAL OP THE HOUSE,

On the passage of the Bill, as amended, the ayes were 122, nays 0.

The Bill, as amended, having received the requisite constitutional majority, was passed.

HB 179. By Mr. Hall of Lee:
A Bill providing that in all counties having a population of not less than 6,200 and not more than 6,220, having a city court, the ordinary shall be eligible to be appointed to fill a vacancy in the office of judge of said court until a successor is elected at a general election and qualified, and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 122, nays 0.

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

HB 180. By Mr. Watson of Houston:
A Bill repealing an Act of the General Assembly of 1953 entitled "Houston Tax Receiver" and for other purposes.

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

On the passage of the Bill, the ayes were 122, nays 0.

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

HB 184. By Messrs. Hodges and Parker of Ware:
A Bill to amend an Act entitled "An Act to provide and establish a new charter for the City of Waycross in the County of Ware", and for other purposes.

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

On the passage of the Bill, the ayes were 122, nays 0.

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

HB 177. By Mr. Otwell of Forsyth:
A Bill creating a Board of Commissioners of Roads and Revenues for Forsyth County of Georgia, so as to change the compensation of the members of the Board of Commissioners of Roads and Revenues, and for other purposes.

THURSDAY, JANUARY 26, 1961

395

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

On the passage of the Bill, the ayes were 122, nays 0.

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

HB 176. By Mr. Otwell of Forsyth:
A Bill providing that the Ordinary of Porsyth County shall receive $100.00 per month in addition to fees, to provide an effective date, and for other purposes.

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

On the passage of the Bill, the ayes were 122, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 161. By Messrs. McClelland of Fulton, Smith of Fulton and Brooks of Fulton: A Bill to amend "An Act to establish the Criminal Court of Atlanta" so as to increase the number of assistant solicitors general in the Criminal Court of Fulton County from three to four, and for other purposes.
The report 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.
Under the general order of business, the following Bills and Resolutions of the House, favorably reported by the committees, were taken up for considera tion and read the third time:

HR 18-39. By Messrs. Pickard, Dicus and Wickham of Muscogee:
A resolution authorizing the Governor to convey certain real estate owned by the State in Muscogee County and used for military purposes to the City of Columbus, in exchange for a conveyance by the City of Columbus to the State of certain other real estate located in Muscogee County, Georgia, suitable for use for military purposes and acceptable by the Military Department for such usage, and for other purposes.

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:

396

JOURNAL OF THE HOUSE,

Those voting in the affirmative were Messrs.:

Abney Adams Akins Andrews of Stephens Andrews of Hall Arnsdorff Barnett of Wilkes Barnett of Baker Baughman Black Bolton Bowen of Toombs Bozeman Branch Brooks of Fulton Brown Busbee Bynum Caldwell Carswell Chance Clark of Catoosa Clarke of Monroe Cloer Cocke Coker Collins Conner Cox Crawford Crowe Davis Dicus Dollar Doster Duncan of Fannin Duncan of Carroll Dunn Echols Fitzgerald Fleming Flexer Floyd Flynt Fordham Fowler of Douglas Greene

Hale Harrell Henderson Hill Horton Hull Jernigan Johnson Joiner Jones of Lumpkin Jordan Keadle Keyton Killian Killingsworth King Kirkland Knight of Laurens Knight of Berrien Lane Lewis Lokey Lovett Lowrey Mackay Matthews of Clarke Matthews of Colquitt McCutchen McDonald Melton Milhollin Miller Mixon Moate Moore Moorman Morris Moss Murphy NeSmith Odom Otwell Paris Parker of Screven Farmer Phillips of Walton Phillips of Bibb

Pickard Poole Potts Purcell Raulerson
Ray Roberts
Ross Rutland Scarborough Scoggin Shuman Simmons Simpson Sinclair Smith of Grady Smith of Fulton Smith of Habersham Steis Stevens Strickland Stuckey Summers Tabb Tamplin Taylor of Dawson Taylor of Decatur Taylor of Bibb Teague Thornton Todd Twitty Underwood of
Montgomery Waldrop Walker of Telfair Ware Well of Peach Wells of Oconee Wells of Camden White Wickham Williams of Coffee Williams of Hall Wilson Young

Voting in the negative was Mr. Ballard.

Those not voting were Messrs.:

Barber Barrett

Birdsong Blalock

Boggs Bowen of Randolph

THURSDAY, JANUARY 26, 1961

397

Boyett Brackin Brooks of Oglethorpe Budd Chandler Culpepper Deen Dickey Dorminy Fowler of Treutlen Punk Fuqua Hall of Lee Hall of Floyd Hodges Howard Hurst Jones of Liberty Jones of Worth Jones of Sumter

Kelly Kidd Kimmons Lanier Lee Loggins Massee McClelland McCracken McGarity Morgan Mullis Newton Pannell Parker of Ware Parker of Appling Payton Pelham Phillips of Columbia Rodgers of Charlton

Rogers of Paulding Roper Rowland Sangster Sheffield Singer Smith of Brantley Smith of Whitfield Story Tucker Undercofler Underwood of Taylor Vaughn Walker of Lowndes Watson Wilkes Willingham Woodward Mr. Speaker

On the adoption of the Resolution, the ayes were 139, nays 1.

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

HR 28-51. By Mr. McCutchen of Gilmer:
A Resolution designating a bridge across the Coosawattee River in Gil mer County, Georgia and for other purposes.

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

On the adoption of the Resolution, the ayes were 133, nays 0.

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

HR 59-151. By Messrs. Morris and Branch of Tift:
A Resolution authorizing the Regents of the University System of Georgia to convey certain lands to Tift County to be used as a site for a Georgia State Patrol Station, and for other purposes.

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

On the adoption of the Resolution, the ayes were 146, nays 0.

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

398

JOURNAL OF THE HOUSE,

HB 168. By Messrs. Twitty and Coiling of Mitchell, Paris of Barrow, and others:
A Bill amending an Act so as to determine membership and conditions of membership in Division "A" of said system for those eligible em ployees of the State Department of Corrections, and for other purposes.

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

On the passage of the Bill, the ayes were 144, nays 0.

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

HB 169. By Messrs. Twitty and Collins of Mitchell, Paris of Barrow and others:
A Bill providing that the Director of the State Board shall act for the Department for and in compliance to any retirement provisions for the employees and officials of the State Department, which are now in effect or that may hereafter be enacted, and for other purposes.

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

On the passage of the Bill, the ayes were 149, nays 0.

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

HB 142. By Mr. Steis of Harris:
A Bill amending an Act known as the "Georgia Securities Act", so as to provide for the changing and clarification of the requirements for exemption contained in subsection (j) of Section 6 thereof, and for other purposes.

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

On the passage of the Bill, the ayes were 148, nays 0.

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

HB 140. By Messrs. Scoggin of Floyd, Willingham of Cobb, and Underwood of Montgomery:
A Bill providing a new schedule of deductions for "medical and dental care", to allow certain deductions to persons, firms or corporations engaged in developing oil and gas properties, and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 139, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

THURSDAY, JANUARY 26, 1961

399

HB 189. By Messrs. Duncan of Carroll, Scoggin of Floyd and Twitty of Mitchell:
A Bill providing a comprehensive vital statistics law, so as to change the provisions relating to the opening of sealed records, and for other purposes.

The following amendment was read and adopted:
Mr. Duncan of Carroll moves to amend HB 189 as follows:
By adding at the end of Section 10A the following: "or any other legal adoption."

The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.
On the passage of the Bill, as amended, the ayes were 141, nays 0.

The Bill, having received the requisite constitutional majority, was passed, as amended.

HB 191. By Messrs. Phillips, Taylor and Thornton of Bibb:
A Bill relating to additional duties of the clerks of the superior courts, so as to define the term "grantor" for the purposes of the section, and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 124, nays 0.

The Bill, having received the requisite constitutional majority, was passed.
HB 162. By Messrs. Blalock of Clayton and Rutland of DeKalb: A Bill relating to remittances to the State Revenue 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 roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Adams Akins Andrews of Stephens Arnsdorff Ballard Barnett of Wilkes

Baughman Black Bolton Bozeman Branch Brooks of Oglethorpe Brown

Budd Busbee Bynum Caldwell Carswell Chance Chandler

400

JOURNAL OF THE HOUSE,

Clark of Catoosa Clarke of Monroe Cloer Cocke Coker Collins Cox Crowe Davis Dickey Dollar Duncan of Fannin Duncan of Carroll Dunn Fitzgerald Fleming Flexer Fowler of Douglas Funk Greene Hale Hall of Lee Hall of Floyd Harrell Henderson Hodges Hull Jernigan Johnson Joiner Jones of Liberty Jordan Keadle Keyton Kidd Killian Killingsworth King Kirkland

Knight of Laurens Knight of Berrien Lee Lewis Lokey Lovett Lowrey Mackay Massee Matthews of Colquitt McCracken McCutchen McDonald Melton Miller Mixon Moate Moore Moorman Morris NeSmith Newton Odom Otwell Pannell Paris Parker of Screven Parker of Ware Parker of Appling Farmer Phillips of Columbia Phillips of Bibb Poole Purcell Raulerson Ray Roberts Ross Rowland

Rutland Scarborough Scoggin Shuman Simmons Simpson Sinclair Smith of Grady Smith of Brantley Smith of Habersham Steis Tabb Tamplin Taylor of Dawson Taylor of Decatur Taylor of Bibb Teague Thornton Todd Tucker Twitty Undercofler Underwood of
Montgomery Waldrop Walker of Lowndes Walker of Telfair Ware Watson Wells of Peach Wells of Oconee White Wilkes Williams of Coffee Williams of Hall Wilson Young

Those voting in the negative were Messrs.:

Horton

Murphy

Those not voting were Messrs.:

Andrews of Hall Barber Barnett of Baker Barrett Birdsong Blalock
Bowen of Randolph Bowen of Toombs Boyett

Brackin Brooks of Fulton Conner Crawford Culpepper Deen Dicus Dorminy Doster Echols

Floyd Flynt Fordham Fowler of Treutlen Fuqua Hill Howard Hurst Jones of Worth Jones of Lumpkin

THURSDAY, JANUARY 26, 1961

401

Jones of Sumter Kelly Kimmons Lane Lanier Logging Matthews of Clarke McClelland McGarity Milhollin Morgan Moss Mullis

Payton Pelham Phillips of Walton Pickard Potts Rodgers of Charlton Rogers of Paulding Roper Sangster Sheffield Singer Smith of Fulton Smith of Whitfield

Stevens Story Strickland Stuckey Summers Underwood of Taylor Vaughn Wells of Camden Wickham Willingham Woodward Mr. Speaker

On the passage of the Bill, the ayes were 135, nays 2.

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

HB 163. By Messrs. Blalock of Clayton and Rutland of DeKalb:
A Bill relating to employee refunds and credits, to more clearly pro cedures therefore, and for other purposes.

The following amendment was read:
Mr. Andrews of Hall moves to amend HB 163 by striking section 2 and adding thereto a new section to be known as section 2 as follows:
"Section 2. Code Section 92-3109 relating to deductions from gross income for income tax purposes is hereby amended by strik ing from sub-paragraph (1) of paragraph (c) the words "and Federal" so that said section shall read as follows:
(1). Taxes paid or accrued within the taxable year, except State income taxes, estate and inheritance taxes, gift taxes, cigar and cigarette taxes, gasoline taxes, and taxes for local benefits of a kind tending to increase the value of property assessed."
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

On the adoption of the amendment the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Adams Andrews of Hall Arnsdorff Baughman Black Bowen of Randolph Boyett Brooks of Fulton Bynum

Carswell Chance Chandler Clark of Catoosa Clarke of Monroe Cloer Cocke Crawford Been Dickey

Fitzgerald Fleming Flexer Fordham Hall of Lee Harrell Hill Hull Johnson Jones of Liberty

402

JOURNAL OF THE HOUSE,

Keadle Kidd Killian King Knight of Laurens Knight of Berrien
Lane Lewis Lovett Massee McDonald Moate Moore

Murphy NeSmith Pannell Paris Phillips of Bibb Raulerson Roberts Rowland Shuman Simmons Sinclair Smith of Brantley Smith of Pulton

Smith of Habersham Tabb Tamplin Taylor of Decatur Taylor of Bibb Thornton Tucker Undercofler Waldrop Walker of Lowndes
White Williams of Hall Wilson

Those voting in the negative were Messrs.:

Akins Barnett of Wilkes Barnett of Baker Barrett Bolton Bowen of Toombs Brown Busbee Collins Conner
Cox Crowe Davis Doster Duncan of Fannin Dunn Echols Fowler of Douglas Fowler of Treutlen Hale Henderson Hodges Horton

Jernigan Joiner Jones of Lumpkin Jordan Keyton Killingsworth Lanier Lee Lowrey Mackay Matthews of Clarke Matthews of Colquitt McCracken McCutchen Melton Mixon Moorman Moss Newton Odom Parker of Ware Phillips of Columbia Phillips of Walton

Poole Purcell Ray Ross Rutland Scarborough Scoggin Simpson Smith of Grady Steis Summers Teague Todd Twitty Underwood of
Montgomery Walker of Telfair Ware Watson Wilkes Young

Those not voting were Messrs.:

Andrews of Stephens Ballard Barber Birdsong Blalock Boggs Bozeman Brackin Branch Brooks of Oglethorpe
Bud Caldwell Coker Culpepper

Dicus Dollar Dorminy Duncan of Carroll Floyd Flynt Funk Fuqua Greene Hall of Floyd Howard Hurst Jones of Worth Jones of Lumpkin

Jones of Sumter Kelly Kimmons Kirkland Loggins Lokey McClelland McGarity Milhollin Miller Morgan Morris Mullis Otwell

THURSDAY, JANUARY 26, 1961

403

Parker of Screven Parker of Appling Farmer Payton Pelham Pickard Potts Rodger of Charlton Rogers of Paulding Roper

Sangster Sheffield Singer Smith of Whitfield Stevens Story Strickland Stuckey Taylor of Dawson Underwood of Taylor

Vaughn Wells of Peach Wells of Oconee Wells of Camden Wickham Williams of Coffee Willingham Woodward Mr. Speaker

On the adoption of the amendment to HB 163 the ayes were 69, nays 66.

The amendment was adopted.

Mr. Twitty of Mitchell moved that further consideration of this Bill and the amendment be postponed until Monday, January 30, 1961 and the motion was lost.

Mr. Brooks of Fulton moved the previous question.

Mr. Twitty of Mitchell moved that the House do now adjourn until tomorrow morning at 9:30 o'clock and the motion prevailed.

The Speaker announced the House adjourned until tomorrow morning at 9:30 o'clock.

404

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia Friday, January 27, 1961

The House met pursuant to adjournment at 9:30 o'clock a.m., this day and was called to order by the Speaker.

Prayer was offered by the Chaplain.

The roll call was ordered and the following members of the House answered to their names:

Abney Adams Akins Andrews of Stephens Andrews of Hall Arnsdorff Ballard Barber Barrett Baughman Birdsong Black Blalock Bolton Bowen of Randolph Bowen of Toombs Boyett Bozeman Brackin Branch Brooks of Oglethorpe Brooks of Fulton Brown Budd Busbee Bynum Caldwell Carswell Chance Chandler Clark of Catoosa Clarke of Monroe Cloer Coker Collins Conner Cox Crawford Crowe Davis Deen Dickey Dicus

Dollar Dorminy Doster Duncan of Fannin Duncan of Carroll Dunn Echols Fleming F lexer Floyd Flynt Fordham Fowler of Douglas Fowler of Treutlen Funk Greene Hale Hall of Lee Hall of Floyd Harrell Henderson Hill Hodges Horton Howard Hull Hurst Jernigan Johnson Joiner Jones of Liberty Jones of Worth Jones of Lumpkin Jordan Keadle Kelly Keyton Kidd Killian Killingsworth Kirkland Knight of Laurens Knight of Berrien

Lane Lanier Lee Lewis Loggins Lokey Lovett Lowrey Mackay Massee Matthews of Clarke Matthews of Colquitt McClelland McCracken McCutchen McDonald McGarity Melton Milhollin Miller Mixon Moate Moore Moorman Morris Mullis Murphy NeSmith Newton Odom Otwell Pannell Paris Parker of Screven Parker of Ware Parker of Appling Farmer Payton Pelham Phillips of Columbia Phillips of Walton Phillips of Bibb Pickard

FRIDAY, JANUARY 27, 1961

405

Poole Potts Purcell
Raulerson Ray Roberts Rogers of Paulding Roper
Ross Rowland Rutland Sangster Scarborough Scoggin Sheffield Shuman Simmons Sinclair
Singer Smith of Grady

Smith of Brantley Smith of Fulton Smith of Habersham
Smith of Whitfield Steis Stevens Story Stuckey
Summers Tabb Tamplin Taylor of Dawson Taylor of Decatur Taylor of Bibb Teague Thornton Todd Tucker
Twitty Undercofler

Underwood of Montgomery
Underwood of Taylor
Vaughn Walker of Telfair Ware Watson Wells of Peach
Wells of Oconee Wells of Camden White Wickham Wilkes Williams of Coffee Williams of Hall Willingham Wilson Young

Mr. Black of Webster, Chairman of the Committee on Auditing, Enrolling, Engrossing and Journals reported that the Journal of the previous legislative day 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 uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions. 7. That the Speaker may in his discretion call up any Bill on the General
Calendar in any order that he desires.

Mr. Andrews of Hall arose to a point of personal privilege and addressed the House.

Mr. Echols of Upson arose to a point of personal privilege and addressed the House.
By unanimous consent, the following Bills and Resolutions of the House were read the first time and referred to the committees:

406

JOURNAL OF THE HOUSE,

HB 285. By Messrs. Stuckey of Dodge, Underwood of Montgomery, Brooks of Fulton, Baughman of Early, Branch of Tift, Moorman of Lanier, and others:
A Bill to be entitled an Act to create a Georgia Industrial Development Commission; and for other purposes.
Referred to the Committee on Banks and Banking.

HB 286. By Mr. Fleming of Richmond:
A Bill to be entitled an Act to amend an Act entitled "Retailers' and Consumer's Sales and Use Tax Act" relating to certificates of Re-sale By Registered Retail Merchants; and for other purposes.
Referred to the Committee on Ways and Means.

HB 287. By Messrs. Twitty of Mitchell and Smith of Emanuel:
A Bill to be entitled an Act to provide for the payment of the cost of the support, care and treatment rendered to persons admitted or committed to any hospital or institution which now is or hereafter comes under the control of the State Board of Health or the Georgia Department of Pub lic Health or any facility operated in conjunction therewith; and for other purposes.
Referred to the Committee on State of Republic.

HB 288. By Messrs. Moore and Adams 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 extend the corporate limits of said City so as to annex certain areas now outside said corporate limits; and for other purposes.
Referred to the Committee on Local Affairs.

HB 289. By Messrs. Thornton, Phillips and Taylor of Bibb:
A Bill to be entitled an Act to amend an Act known as the "Juvenile Court Act"; and for other purposes.
Referred to the Committee on Judiciary.

HB 290. By Messrs. Thornton and Phillips of Bibb:
A Bill to be entitled an Act to amend an Act relating to the liability of insurers for damages and attorney's fees arising out of bad faith, so as to provide for the fixing of attorney's fees by the trial jury; and for other purposes.
Referred to the Committee on Judiciary.

HB 291. By Messrs. Phillips, Taylor and Thornton of Bibb:
A Bill to be entitled an Act to amend an Act relating to the punishment for certain election offenses; and for other purposes.
Referred to the Committee on State of Republic.

FRIDAY, JANUARY 27, 1961

407

HR 108-291. By Messrs. Twitty of Mitchell and Smith of Emanuel:
A Resolution proposing an amendment to the Constitution so as to create a Board of Commissioners for the Department of Commerce; and for other purposes.
Referred to the Committee on State of Republic.

HR 109-291. By Messrs. Pickard, Wickham and Dicus of Muscogee and Baughman of Early:
A Resolution relative to the construction of a Museum in Muscogee County by the Georgia Historical Commission; and for other purposes.
Referred to the Committee on Appropriations.

HR 110-291. By Mr. Jones of Lumpkin:
A Resolution to compensate Wanda Jones; and for other purposes. (State Highway Dept.)
Referred to the Committee on Appropriations.

HB 292. By Messrs. Twitty of Mitchell, Underwood of Montgomery and Ballard of Newton:
A Bill to be entitled an Act to prescribe the procedure for the exercise of the power of eminent domain; and for other purposes.
Referred to the Committee on State of Republic.

HB 293. By Messrs. Twitty of Mitchell, Underwood of Montgomery and Ballard of Newton:
A Bill to be entitled an Act to amend an Act entitled Eminent DomainCondemnation Proceedings before a Special Master; and for other pur poses.
Referred to the Committee on State of Republic.

HB 294. By Messrs. Twitty of Mitchell, Underwood of Montgomery and Ballard of Newton:
A Bill to be entitled an Act to repeal an Act providing for the condem nation of private property by the State or the United States, or other agencies therein described, for public purposes; and for other purposes.
Referred to the Committee on State of Republic.
HB 295. By Mr. Pannell of Murray:
A Bill to be entitled an Act to amend an Act granting a new charter for the City of Spring Place, so as to provide that an ad valorem tax, not to exceed five mills, may be levied; and for other purposes.
Referred to the Committee on Local Affairs.

HB 296. By Mr. McCracken of Jefferson: A Bill to be entitled an Act to regulate the settlement of personal injury

408

JOURNAL OF THE HOUSE,

claims, except as to injured persons coming under the State Workmen's Compensation Act; and for other purposes.
Referred to the Committee on Judiciary.

HB 297. By Messrs. Ray of Warren, Undercofler of Sumter, Underwood of Mont gomery, Twitty of Mitchell, McCracken of Jefferson, Collins of Mitchell, Cox of Clarke, Odom of Dougherty, Matthews of Clarke, and many others:
A Bill to be entitled an Act to amend an Act relating to the Budget Bureau and its duties, and relating to the creation of a Finance Com mission and Budget Bureau; and for other purposes.
Referred to the Committee on Appropriations.

HR 111-297. By Messrs. Ray of Warren, Undercofler of Sumter, Underwood of Montgomery, Twitty of Mitchell, Collins of Mitchell, McCracken of Jef ferson, Cox and Matthews of Clarke and many others:
A Resolution proposing an amendment to the Constitution so as to pro vide for appropriation control; to provide for the annual preparation, submission and enactment of a General Appropriation Bill; and for other purposes.
Referred to the Committee on Appropriations.

HB 298. By Messrs. Hall, Scoggin and Lowery of Floyd:
A Bill to be entitled an Act to amend an Act entitled "Rome Judicial Circuit, by increasing the salary of the Assistant Solicitor General; and for other purposes.
Referred to the Committee on Local Affairs.

HB 299. By Mr. Hall of Floyd:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Rome, relating to the Salary of the members of the Rome City Commission; and for other purposes.
Referred to the Committee on Local Affairs.

HB 300. By Messrs. Hall, Scoggin and Lowrey of Floyd:
A Bill to be entitled an Act to amend an Act entitled "City Court of Floyd County, by increasing the salary of the Judge of the City Court of Floyd County; and for other purposes.
Referred to the Committee on Local Affairs.

HB 301. By Messrs. Mackay, Rutland and Howard of DeKalb:
A Bill to be entitled an Act to amend an Act so as to provide that in all counties having a population of not less than 120,000 and not more than 145,000, the Commissioner of Roads and Revenues or other governing authority of such counties shall pay the actual cost of feeding prison-

FRIDAY, JANUARY 27, 1961

409

ers in lieu of paying fees to the Sheriff or his appointed jailer for diet ing such prisoners; and for other purposes.
Referred to the Committee on Local Affairs.

HB 302. By Messrs. Mackay, Rutland and Howard of DeKalb:
A Bill to be entitled an Act to amend an Act requiring jury commis sioners in counties having a population of not less than 120,000 and not more than 145,000, in all future registers of the traverse jury list to place all tickets containing the names of traverse jurors in one box for the use of superior courts in said counties and that no such tickets are to be placed in any other traverse jury box for use in any other court in such counties; and for other purposes.
Referred to the Committee on Local Affairs.

HB 303. By Messrs. Mackay, Rutland and Howard of DeKalb:
A Bill to be entitled an Act to amend an Act to provide that the govern ing authorities of certain counties may charge for inspections, require permits and to set up a code and provide rules and regulations for the installations of heating and air-conditioning in said counties; and for other purposes.
Referred to the Committee on Local Affairs.

HB 304. By Messrs. Mackay, Howard and Rutland of DeKalb:
A Bill to be entitled an Act to amend an Act to provide that the govern ing authorities of certain counties may charge for inspections, require permits, set up a code, and provide rules and regulations for the instal lation of plumbing in said counties; and for other purposes.
Referred to the Committee on Local Affairs.

HB 305. By Messrs. Mackay, Howard and Rutland of DeKalb:
A Bill to be entitled an Act to amend an Act so as to authorize any counties in this State having a population of not less than 85,000 and not more than 100,000, to provide through a cadastral survey, a field book system for real property identification and evaluation; and for other purposes.
Referred to the Committee on Local Affairs.

HB 306. By Messrs. Mackay, Rutland and Howard of DeKalb:
A Bill to be entitled an Act to amend an Act providing for exemption of taxation to the owner of personal property in certain counties; and for other purposes.
Referred to the Committee on Local Affairs.

HB 307. By Messrs. Mackay, Rutland and Howard of DeKalb:
A Bill to be entitled an Act to amend an Act to require the boards of jury commissioners in certain counties, to place on the jury lists of said

410

JOURNAL OF THE HOUSE,

counties the names of not less than 10,000 upright and intelligent men to serve as jurors in all the courts of such counties, and to select intelli gent, and upright men to serve as grand jurors; and for other purposes.
Referred to the Committee on Local Affairs.

HB 308. By Messrs. Mackay, Rutland and Howard of DeKalb:
A Bill to be entitled an Act to amend an Act which provides for supple menting the funds of the County Board of Education, in certain coun ties; and for other purposes.
Referred to the Committee on Local Affairs.

HB 309. By Messrs. Mackay, Rutland and Howard of DeKalb:
A Bill to be entitled an Act to amend an Act providing a uniform County Commissioners' Law in certain counties; and for other purposes.
Referred to the Committee on Local Affairs.

HB 310. By Messrs. Mackay, Rutland and Howard of DeKalb:
A Bill to be entitled an Act to repeal an Act providing for the approval and recording of plats in certain counties; and for other purposes.
Referred to the Committee on Local Affairs.

HB 311. By Messrs. Mackay, Rutland and Howard of DeKalb:
A Bill to be entitled an Act to amend an Act to fix the compensation of Commissioners of Roads and Revenues in certain counties; and for other purposes.
Referred to the Committee on Local Affairs.

HB 312. By Messrs. Mackay, Howard and Rutland of DeKalb:
A Bill to be entitled an Act to repeal an Act relating to the position of the Chief of Police in certain counties; and for other purposes.
Referred to the Committee on Local Affairs.

HB 313. By Messrs. Mackay, Howard and Rutland of DeKalb:
A Bill to be entitled an Act to amend an Act creating a Purchasing Department in counties having a population of 200,000 or more; and for other purposes.
Referred to the Committee on Local Affairs.

HB 314. By Messrs. Mackay, Rutland and Howard of DeKalb:
A Bill to be entitled an Act to repeal an Act providing for the fees of Coroners, Constables and Jurors in certain counties; and for other pur poses.
Referred to the Committee on Local Affairs.

FRIDAY, JANUARY 27, 1961

411

HB 315. By Messrs. Mackay, Rutland and Howard of DeKalb:
A Bill to be entitled an Act to repeal an Act authorizing the payment of pensions to county employees and officers, including county police but not elected officials in certain counties; and for other purposes.
Referred to the Committee on Local Affairs.

HB 316. By Mr. Twitty of Mitchell:
A Bill to be entitled an Act to provide for the licensing of Collection Agencies in Georgia; to render it unlawful to engage in the business of a collection agency without first obtaining a license under the provisions of this law; and for other purposes.
Referred to the Committee on Rules.

HR 112-316. By Messrs. Steis of Harris, Hill of Meriwether, Ware of Troup, Pickard of Muscogee, Wickham of Muscogee, Birdsong of Troup and Dicus of Muscogee:
A Resolution authorizing the sale by the State of Georgia of a certain tract of land located in Harris County; and for other purposes.
Referred to the Committee on State of Republic.

By unanimous consent, the following Bills and Resolutions of the House and Senate, were read the second time:
HB 254. By Mr. Undercofler of Sumter:
A Bill to be entitled an Act to amend an Act relating to the creation by deeds to beneficial interests of trust estates in property located in this state; to provide for the acquiring of such property; and for other pur poses.
HB 255. By Mr. Undercofler of Sumter:
A Bill to be entitled an Act to amend an Act specifying corporations and organizations exempt from State income tax, so as to provide an addi tional exemption for real estate investment trusts; and for other pur poses.
HB 256. By Mr. Murphy of Haralson:
A Bill to be entitled an Act to empower the City of Bremen to grant franchises and rights of way in the public streets in the said City to utility corporations; and for other purposes.
HB 257. By Mr. Pannell of Murray:
A Bill to be entitled an Act to repeal an Act relating to publication of campaign expenses by candidates; and for other purposes.
HB 258. By Messrs. Pannell of Murray, Rowland of Johnson, McCutchen of Gilmer, Wilson of Cobb and Howard of DeKalb and many others:
A Bill to be entitled an Act to amend an Act relating to the wife's sepa rate estate, so as to remove the provisions prohibiting the wife from

412

JOURNAL OP THE HOUSE,

binding her separate estate and relating to the sale of her separate estate; and for other purposes.

HB 259. By Mr. Rowland of Johnson:
A Bill to be entitled an Act to amend an Act establishing the State Em ployees' Retirement System, so as to provide for additional creditable service; and for other purposes.

HB 260. By Messrs. Willingham, Teague and Wilson of Cobb:
A Bill to be entitled an Act to amend an Act providing for an additional Judge of the Superior Court of the Cobb Judicial Circuit, so as to pro vide that said additional Judge shall receive the same compensation, salary, expenses and allowance as the other Judge of said Circuit; and for other purposes.

HB 261. By Messrs. McGarity of Henry and Howard of DeKalb:
A Bill to be entitled an Act to protect the right to work in this State from infringement based on the age of the employee or applicant for employment; and for other purposes.

HB 262. By Mr. Joiner of Washington:
A Bill to be entitled an Act to amend an Act creating the City charter of Sandersville, so as to change the corporate limits; and for other pur poses.

HB 263. By Messrs. Bowen of Randolph, Summers of Crisp, Massee of Pulaski, Lovett of Laurens, Killingsworth of Clay, Jordan of Calhoun and others:
A Bill to be entitled an Act to repeal an Act providing for the compul sory school attendance of all children within the State of Georgia be tween their seventh and sixteenth birthdays; and for other purposes.

HB 264. By Mr. Smith of Emanuel:
A Bill to be entitled an Act to amend an Act relating to the incorpora tion of the City of Swainsboro, so as to provide for a change in the hours for voting in elections; and for other purposes.

HB 265. By Mr. Dorminy of Ben Hill:
A Bill to be entitled an Act to amend an Act, so as to provide that if the first Monday in a month falls on a legal holiday, the Courts of Ordinary do not have to convene until the following day; and for other purposes.

HB 266. By Mr. Dorminy of Ben Hill:
A Bill to be entitled an Act to amend an Act so as to provide that if the fixed time for holding a Justice of the Peace Court should happen to fall on a legal holiday, then the day following would be considered the regular court day; and for other purposes.

FRIDAY, JANUARY 27, 1961

413

HB 267. By Messrs. Kidd and Chandler of Baldwin:
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 Baldwin; and for other purposes.

HB 268. By Mr. Dorminy of Ben Hill:
A Bill to be entitled an Act to provide that the appearance day of a case shall be thirty days after the return day regardless of whether the de fensive pleadings have been filed within that period of time or not; and for other purposes.

HB 269. By Messrs. Scoggin and Lowery of Floyd, Coker of Walker, Loggins of Chattooga, Busbee of Dougherty, Hall of Floyd and others:
A Bill to be entitled an Act to amend an Act providing for additional points for certain applicants taking examinations given by any examin ing board or commission under the State Examining Board System, so as to provide that the additional points shall not be available to those applicants taking examination under the State Board of Accountancy; and for other purposes.

HR 87-269. By Messrs. Twitty of Mitchell, Underwood of Montgomery, Walker of Telfair and Lanier of Candler:
A Resolution relating to the designation of a bridge as the "S. Ernest Vandiver Bridge"; and for other purposes.

HR 88-269. By Mr. Pannell of Murray:
A Resolution to compensate R. L. Vining; and for other purposes. (State Highway Dept.)

HR 89-269. By Messrs. McGarity of Henry, Fowler of Douglas, and Duncan of Carroll:
A Resolution so as to provide compensation for Mrs. May lee; and for other purposes. (Parks Dept.)

HR 90-269. By Messrs. Wilson, Teague and Willingham of Cobb:
A Resolution authorizing and directing the State Librarian to furnish certain law books for the Cobb Judicial Circuit; and for other purposes.

HR 91-269. By Messrs. Williams and Andrews of Hall:
A Resolution compensating Pairlon B. Bennett; and for other purposes. (State Highway Dept.)

HR 92-269. By Messrs. Williams and Andrews of Hall:
A Resolution to compensate the North Georgia Petroleum Company; and for other purposes. (State Highway Dept.)

414

JOURNAL OF THE HOUSE,

HR 93-269. By Messrs. Andrews and Williams of Hall: A Resolution to compensate Mrs. Frances S. Ivey; and for other pur poses. (State Highway Dept.)
HR 94-269. By Messrs. Andrews and Williams of Hall: A Resolution to compensate Ernest Paul Rundles; and for other pur poses. (State Highway Dept.)
HR 95-269. By Mr. Horton of Putnam: A Resolution to compensate Joseph Paul Larman; and for other pur poses. (State Highway Dept.)
HB 270. By Mr. Fuqua of Richmond: A Bill to be entitled an Act to amend an Act relating to the renewal of real estate licenses; and for other purposes.

HB 271. By Mr. Fuqua of Richmond:
A Bill to be entitled an Act to prohibit any person from obtaining or attempting to obtain, by the use of any fraudulent scheme, device, means or method, telephone or telegraph service or the transmission of a mes sage, signal or other communication by telephone or telegraph with intent to avoid payment to the lawful price, charge or toll therefor; and for other purposes.

HB 272. By Messrs. Brooks, McClelland and Smith of Fulton:
A Bill to be entitled an Act for the protection of pension rights of county officers and employees of counties in this State having a popu lation of more than 500,000, who may be elected by the governing au thorities of the largest city located in whole or in part thereon; to provide for credits for retirement income; and for other purposes.

HB 273. By Messrs. Dicus, Pickard and Wickham of Muscogee:
A Bill to be entitled an Act to amend the charter of the City of Colum bus; and for other purposes.

HB 274. By Mr. Dicus of Muscogee:
A Bill to be entitled an Act to amend an Act relating to the capacity of persons to contract for marriage, so as to raise the minimum ages of the male applicant for a marriage license to eighteen and of the female applicant to sixteen; and for other purposes.

HB 275. By Messrs. Kidd and Chandler of Baldwin:
A Bill to be entitled an Act to create the offices of a State Highway Commission, Chairman of State Highway Commission, a Highway En gineer, and Treasurer of the State Highway Department, to prescribe their duties and powers, compensation and tenure; and for other pur poses.

FRIDAY, JANUARY 27, 1961

415

HB 276. By Messrs. Dicus, Pickard and Wickham of Muscogee:
A Bill to be entitled an Act to amend an Act relating to certain public lands in the City of Columbus; and for other purposes.

HB 277. By Messrs. Hill and NeSmith of Meriwether:
A Bill to be entitled an Act to amend an Act creating a Board of County Commissioners for the County of Meriwether; and for other purposes.

HB 278. By Messrs. NeSmith and Hill of Meriwether:
A Bill to be entitled an Act to amend an Act consolidating the offices of Tax-Receiver and Tax-Collector of Meriwether County; and for other purposes.

HB 279. By Messrs. Hill and NeSmith of Meriwether:
A Bill to be entitled an Act to amend an Act, so as to provide that in certain counties if the tax collector or tax commissioner is on a salary the commissions provided for collecting certain taxes shall be paid to the county and shall be county funds; and for other purposes.

HB 280. By Messrs. NeSmith and Hill of Meriwether:
A Bill to be entitled an Act to place the compensation of the Sheriff, the Clerk of the Superior Court, the Ordinary and the Coroner of Meri wether County on a salary basis in lieu of a fee basis; and for other purposes.

HB 281. By Messrs. Hill and NeSmith of Meriwether:
A Bill to be entitled an Act to abolish the office of Treasurer of Meri wether County; to provide for depositories for the deposit of County funds; and for other purposes.

HB 282. By Messrs. Steis of Harris, Floyd of Chattooga and Summers of Crisp:
A Bill to be entitled an Act to amend an Act providing for the issuance of automobile license tags to disabled veterans, so as to provide for the issuance of license tags to certain other veterans; and for other pur poses.

HB 283. By Messrs. NeSmith of Meriwether, Hall of Lee, Sinclair of Macon, Phillips of Columbia, Baughman of Early, Mullis of Bleckley and White of Mclntosh:
A Bill to be entitled an Act to amend an Act of the Banking Law of Georgia relating tcrthe purchase and ownership of stocks, bonds and other investment securities by banks, so as to authorize the purchase and ownership by banks of this State of obligations of authorities, coun ties, districts and municipalities thereof; and for other purposes.

HR 107-283. By Messrs. Abney and Coker of Walker, and Knight of Berrien:
A Resolution authorizing the conveyance of certain real property lying and being in the 8th District and 4th Section of Walker County, Georgia

416

JOURNAL OF THE HOUSE,

and being a part of Land Lot No. 193 in said District and Section; and for other purposes.

HB 284. By Messrs. Kirkland of Tattnall, Strickland of Evans, Jones of Liberty, Fitzgerald of Long, White of Mclntosh and Shuman of Bryan:
A Bill to be entitled an Act to amend an Act placing the Solicitor-Gen eral of the Atlantic Judicial Circuit on a salary basis in lieu of a fee basis; and for other purposes.

SB 35. By Senators Sanders of the 18th and Clary of the 29th:
A Bill to be entitled an Act to add one additional Judge of the Superior Court for the Augusta Judicial Circuit of Georgia, so as to make three judges in said court; and for other purposes.

SB 40. By Senator Knox of the 54th:
A Bill to be entitled an Act to amend an Act relating to the Charter of the City of Hazlehurst and creating a new charter therefor; and for other purposes.

SB 42. By Senators Brown of the 52nd and McWhorter of the 34th:
A Bill to be entitled an Act to amend an Act providing a system of pen sions and other benefits for members of paid fire departments in certain cities; and for other purposes.

SB 43. By Senators Brown of the 52nd and McWhorter of the 34th:
A Bill to be entitled an Act to amend an Act providing for pensions for members of police departments in certain cities; and for other purposes.

SB 45. By Senator Brown of the 52nd:
A Bill to be entitled an Act to incorporate the City of Hapeville, so as to provide for an Assistant City Recorder; and for other purposes.

SB 46. By Senator Brown of the 52nd:
A Bill to be entitled an Act to incorporate the City of Hapeville, so as to extend the city limits; and for other purposes.

SB 47. By Senator Brown of the 52nd:
A Bill to be entitled an Act to incorporate the City of Hapeville, so as to provide for a change in the time of city elections; and for other pur poses.

SB 54. By Senator Dailey of the llth:
A Bill to be entitled an Act to amend an Act relating to the creation of the Board of Commissioners of Roads and Revenues of Randolph Coun ty; and for other purposes.

FRIDAY, JANUARY 27, 1961

417

SB 33. By Senator Sanders of the 18th:
A Bill to be entitled an Act to amend an Act authorizing the State De partment of Public Welfare to match, accept, and disburse federal grant-in-aid funds for public welfare purposes; and for other purposes.

SB 38. By Senators Jackson of the 24th, Sanders of the 18th and Knox of the 54th:
A Bill to be entitled an Act to amend an Act providing for vocational rehabilitation to the physically and mentally impaired so as to provide that the Director of Vocational Rehabilitation Division shall administer the provisions of Section 221 of the Social Security Act; and for other purposes.

SR 26. By Senator Hart of the 53rd:
A Resolution urging the Board of Regents of the University System of Georgia to change the status of the Abraham Baldwin Agricultural Col lege at Tifton, from a two-year to a four-year institution; and for other purposes.

Mr. Underwood of Montgomery 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 Resolution of the House and Senate and has instructed me, as Chairman, to report the same back to the House with the following recommendations:
HB 182. Do Pass. HB 185. Do Pass. HB 192. Do Pass. HB 193. Do Pass. HB 194. Do Pass. HB 208. Do Pass. HB 209. Do Pass. HB 212. Do Pass. HB 213. Do Pass. HB 214. Do Pass. HB 215. Do Pass. HB 216. Do Pass. HB 222. Do Pass. HB 223. Do Pass. HB 224. Do Pass, by Substitute. HB 225. Do Pass.

418

JOURNAL OF THE HOUSE,

HB 226. Do Pass. HB 235. Do Pass. HB 236. Do Pass. HB 237. Do Pass. HB 238. Do Pass. HB 244. Do Pass. HB 245. Do Pass. HB 248. Do Pass. HB 252. Do Pass. HB 253. Do Pass. SB 14. Do Pass. SB 15. Do Pass. HR 80-249. Do Pass.

Respectfully submitted,
Underwood of Montgomery, Chairman.

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

SB 28. By Senator Gardner of the 47th:
A Bill to amend an Act relating to common trust funds and the rights, powers and duties of fiduciaries with respect thereto, so as to increase the maximum amount of monies of any one estate which may be invested in one or more common trust funds; to repeal conflicting laws; and for other purposes.

SB 29. By Senator Gardner of the 47th:
A Bill to amend Sec. 113-1518 of the Code of Georgia, as amended, relat ing to investments made by executors, administrators, guardians and trustees so as to provide that a corporate fiduciary may retain the prop erty owned by the estate; to repeal conflicting laws; and for other pur poses.

SB 36. By Senators Lambert of the 28th and Towson of the 16th:
A Bill to amend Code Section 53-503, relating to the separate estate of a wife, so as to strike the provisions prohibiting the wife from binding her separate estate by a contract of suretyship or any assumption of the debts of her husband; to repeal conflicting laws; and for other purposes.

FRIDAY, JANUARY 27, 1961

419

SB 53. By Senators Sanders of the 18th and Mitchell of the 43rd:
A Bill to amend an Act establishing Juvenile Courts, approved Feb. 19, 1951 (Ga. Laws 1951, p. 291), as amended, so as to provide that in cer tain counties the Clerk of the Superior Court shall act as the Clerk of the Juvenile Court; to repeal conflicting laws; and for other purposes.

SR 12. By Senator Blalock of the 36th:
A Resolution authorizing the conveyance of certain real property pres ently being utilized by the State Highway Department and located in East Point, Georgia; and for other purposes.

HB 52. By Mr. McClelland of Fulton:
A Bill to amend an Act creating a Department of Public Safety, and providing for the issuance, suspension and revocation of motor vehicle driver's licenses; and for other purposes.

HR 97. By Messrs. Smith of Emanuel and Twitty of Mitchell:
A Resolution calling a joint session of the House and Senate to attend a Concert of the Atlanta Symphony Orchestra; 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 27. By Senator Brown of the 52nd:
A Resolution relating to the placing of monuments at Gettysburg and Antietam; 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 12. By Senator Blalock of the 36th:
A Resolution authorizing the conveyance of certain real property pres ently being utilized by the State Highway Department and located in East Point, Georgia; and for other purposes.
Referred to the Committee on State Institutions and Property.

SR 27. By Senator Brown of the 52nd:
A Resolution relating to the placing of monuments at Gettysburg and Antietam; and for other purposes.
Referred to the Committee on Welfare.

SB 28. By Senator Gardner of the 47th:
A Bill to be entitled an Act to amend an Act relating to common trust funds and the rights, powers, and duties of fiduciaries with respect

420

JOURNAL OF THE HOUSE,

thereto, so as to increase the maximum amount of monies of any one estate which may be invested in one or more common trust funds; and for other purposes.
Referred to the Committee on Judiciary.

SB 29. By Senator Gardner of the 47th:
A Bill to be entitled an Act to amend Section 113-1518 of the Code of Georgia, as amended, relating to investments made by executors, ad ministrators, guardians and trustees so as to provide that a corporate fiduciary may retain the property owned by the estate; and for other purposes.
Referred to the Committee on Judiciary.

SB 36. By Senators Lambert of the 28th and Towson of the 16th:
A Bill to be entitled an Act to amend Code Section 53-503, relating to the separate estate of a wife, so as to strike the provisions prohibiting a wife from binding her separate estate by a contract of suretyship or any assumption of the debts of her husband; and for other purposes.
Referred to the Committee on Judiciary.

SB 53. By Senators Sanders of the 18th and Mitchell of the 43rd:
A Bill to be entitled an Act to amend an Act establishing Juvenile Courts, as amended, so as to provide that in certain counties the Clerk of the Superior Court shall act as the Clerk of the Juvenile Court; and for other purposes.
Referred to the Committee on Special Judiciary.

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

HB 182. By Messrs. Duncan and Waldrop of Carroll:
A Bill relating to the establishment of the City Court of Carrollton so as to provide for a change in the compensation of the Judge of the City Court of Carrollton, to abolish the office of Judge Emeritus; and for other purposes.

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

On the passage of the Bill, the ayes were 124, nays 0.

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

HB 185. By Mr. Scarbrough of Crawford:
A Bill to amend "An Act to prescribe and limit the compensation of the Treasurer of Crawford County for receiving and disbursing the county money, and to fix the salary for his services; and for other purposes.

FRIDAY, JANUARY 27, 1961

421

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

On the passage of the Bill, the ayes were 124, nays 0.

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

HB 192. By Mr. Arnsdorff of Effingham:
A Bill creating a new charter of the Town of Guyton, so as to change the name of the said Town of Guyton to City of Guyton, to repeal con flicting laws; and for other purposes.

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

On the passage of the Bill, the ayes were 124, nays 0.

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

HB 193. By Mr. Arnsdorff of Effingham:
A Bill providing for the registration of voters eligible to vote in the Town of Rincon elections, to provide terms of office for mayor and aldermen of said town, to adopt building codes for said town; and for other purposes.

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

On the passage of the Bill, the ayes were 124, nays 0.

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

HB 194. By Mr. Arnsdorff of Effingham:
A Bill creating a board of Commissioners of Roads and Revenues for the County of Effingham to be elected by the qualified voters of said county, to define the duties of said Commissioners; 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 124, nays 0.

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

HB 208. By Mr. McDonald of White:
A Bill providing for the compensation of the Tax Commissioner in cer tain counties, so as to change the population and census figures appear ing therein; and for other purposes.

422

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 124, nays 0.

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

HB 209. By Mr. McCutchen of Gilmer:
A Bill providing for a change in the rate of taxation upon real and personal property within the limits of East Ellijay; 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 124, nays 0.

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

HB 212. By Mr. Massee of Pulaski:
A Bill creating the office of Commissioner of Roads and Revenues of Pulaski County, so as to change the compensation of the Commissioner of Roads and Revenues of said County; and for other purposes.

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

On the passage of the Bill, the ayes were 124, nays 0.

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

HB 213. By Mr. Massee of Pulaski:
A Bill creating a new charter for the City of Hawkinsville, so as to change the city limits of Hawkinsville; and for other purposes.

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

On the passage of the Bill, the ayes were 124, nays 0.

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

HB 214. By Messrs. Pickard, Wickham and Dicus of Muscogee:
A Bill providing that the terms of office of members of county boards of tax assessors in all counties of the State of Georgia having a popula tion of not less than 150,000 and not more than 175,000, shall be three years and until their successors are duly appointed and qualified; and for other purposes.

FRIDAY, JANUARY 27, 1961

423

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

On the passage of the Bill, the ayes were 124, nays 0.

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

HB 215. By Messrs. Pickard, Wickham and Dicus of Muscogee: A Bill providing for certain fees which clerks of the superior courts may charge in counties having a population of not less than 150,000 and not more than 175,000 according to United States Census; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 124, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 216. By Mr. Sinclair of Macon: A Bill creating the office of Commissioners of Roads and Revenues of Macon County, Georgia, so as to change the compensation of the Board of 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 124, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 222. By Messrs. Bozeman and Keyton of Thomas: A Bill creating a new charter for the City of Pavo, Georgia, in the counties of Thomas and Brooks, so as to provide a change in the election of the Mayor; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 124, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 223. By Messrs. Bozeman and Keyton of Thomas:
A Bill establishing a system of public schools in the City of Thomasville, Georgia, so as to increase the maximum tax rate which may be levied for the maintenance and operation of said public schools; and for other purposes.

424

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 124, nays 0.

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

HB 225. By Messrs. Keyton and Bozeman of Thomas:
A Bill creating a Small Claims Court in each county in this State with a population of not less than 33,500 and not more than 33,900, so as to change the population and census figures appearing therein; and for other purposes.

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

On the passage of the Bill, the ayes were 124, nays 0.

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

HB 226. By Messrs. Murphy of Haralson and Rogers of Paulding:
A Bill providing for change in the time of holding Superior Court in the Tallapoosa Judicial Circuit of this State, to repeal conflicting laws; and for other purposes.

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

On the passage of the Bill, the ayes were 124, nays 0.

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

HB 235. By Messrs. Crawford, Dickey, and Funk of Chatham:
A Bill establishing a Local Government Commission in Savannah and Chatham County to study the governments of Chatham County and the municipalities located therein for the purpose of improving local govern ments and providing greater efficiency and economy; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 124, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 236. By Messrs. Crawford, Dickey and Funk of Chatham:
A Bill incorporating and creating a Charter for the City of Port Wentworth, so as to change and/or fix the day for holding regular elections for Mayor and Councilmen in and for Said City; and for other purposes.

FRIDAY, JANUARY 27, 1961

425

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

On the passage of the Bill, the ayes were 124, nays 0.

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

HB 237. By Messrs. Crawford, Punk and Dickey of Chatham:
A Bill creating and establishing the Municipal Court of Savannah in the City of Savannah, by giving the Chief Judge of Said Court the power to appoint a secretary to the Judges of said Court; 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 124, nays 0.

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

HB 238. By Messrs. Funk, Crawford and Dickey of Chatham:
A Bill creating a Civil Service System for the County of Chatham, so as to provide for a referendum among employees and officials belonging to said system as to whether or not they desire said 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 124, nays 0.

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

HB 244. By Mr. Dunn of Pike:
A Bill creating a new charter for the City of Zebulon; and for other purposes.

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

On the passage of the Bill, the ayes were 124, nays 0.

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

HB 245. By Messrs. Crawford, Dickey and Funk of Chatham:
A Bill relating to and incorporating the Mayor and Aldermen of the City of Savannah; and for other purposes.

426

JOURNAL OF THE HOUSE,

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

On the passage of the Bill, the ayes were 124, nays 0.

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

HB 248. By Mr. Parker of Appling:
A Bill creating and establishing a new charter for the City of Baxley, Georgia; and for other purposes.

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

On the passage of the Bill, the ayes were 124, nays 0.

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

HB 252. By Messrs. Walker and Budd of Lowndes:
A Bill providing for the employment of clerical assistance for the Court of Ordinary of Lowndes County, Georgia; and for other purposes.

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

On the passage of the Bill, the ayes were 124, nays 0.

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

HB 253. By Mr. Miller of Elbert:
A Bill changing the compensation of the Sheriff of Elbert 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 124, nays 0.

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

SB 14. By Senator McKenzie of the 13th:
A Bill providing a Charter for the City of Montezuma, so as to change the corporate limits of the said city by extending and defining the same; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 124, nays 0.

FRIDAY, JANUARY 27, 1961

427

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

SB 15. By Senator Waters of the 41st:
A Bill creating a County Commissioner of Roads and Revenues and an Advisory Board 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 124, nays 0.

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

HB 224. By Messrs. Bozeman and Keyton of Thomas:
A Bill establishing the City Court of Thomasville, in and for the County of Thomas; and for other purposes.

The following Committee substitute was read and adopted:
A BILL TO BE ENTITLED
An Act to amend an Act establishing the City Court of Thomasville in and for the County of Thomas, approved August 18, 1905 (Ga. Laws 1905, p. 383), as amended, particularly by an Act approved February 6, 1952 (Ga. Laws 1952, p. 2219), so as to change the compensation of the solicitor-general of said Court; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. An Act establishing the City Court of Thomasville in and for the County of Thomas, approved August 18, 1905 (Ga. Laws 1905, p. 383), as amended, particularly by an Act approved February 6, 1952 (Ga. Laws 1952, p. 2219), is hereby amended by striking from Section 16 the words "three thousand dollars," and inserting in lieu thereof the words "three thousand nine hundred dollars," so that when so amended Section 16 shall read as follows:
"Section 16. Be it further enacted, that there shall be a solici tor-general of said City Court of Thomasville, who shall be elected by the qualified voters of the County of Thomas at the next general election held in said county for the election of county officers in October, 1908, whose term of office shall be for four years, begin ning on the first day of January, 1909. Said solicitor-general shall be commissioned by the Governor for a term of four years from his election and qualification. Said solicitor-general shall be elected under the same rules and regulations as other county officers are elected. All vacancies shall be filled by the Governor of the State of Georgia, he shall appoint a solicitor-general of said city court to hold office until the first day of January next succeeding the next general election for county officers in said county, after the said vacancy occurs, at which election a successor shall be elected to fill the unexpired terms, if any. Said solicitor-general shall be the prose-

428

JOURNAL OF THE HOUSE,

cuting attorney of the said City Court of Thomasville; he must be at least twenty-five years old at the time of his election; must have been a resident of the County of Thomas for at least three years immediately preceding his election; he shall prosecute for all offenses cognizant before the court, and shall represent the State in all cases carried to the Supreme Court or the Court of Appeals from said city court, but in his absence the judge may appoint a solici tor-general pro tern, who shall receive the same fees allowed to the solicitor-general in cases conducted by him. The said solicitor-gen eral shall receive a salary of three thousand nine hundred dollars per annum which shall be paid monthly from the treasury of Thomas County."
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

On the passage of the Bill, by substitute, the ayes were 124, nays 0.

The Bill, having received the requisite constitutional majority, was passed, by substitute.

Under the general order of business, the following Bills of the Senate, favor ably reported by the committees, were taken up for consideration and read the third time:

SB 48. By Senators Sanders of the 18th, Knox of the 54th, and Claxton of the 21st:
A Bill providing grants of state and local funds 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 roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Adams Akins Andrews of Stephens Andrews of Hall Ballard Barnett of Wilkes Barnett of Baker Barrett Baughman Birdsong Black Blalock

Bolton Bowen of Toombs Boyett Bozeman Branch Brooks of Wilson Brown Budd Busbee Bynum Caldwell Carswell Carswell

Chance Chandler Clark of Catoosa Clarke of Monroe Cloer Coker Collins Cox Crawford Crowe Davis Been Dickey

FRIDAY, JANUARY 27, 1961

429

Dicus Dollar Dorminy Doster Duncan of Pannin Dunn Echols Fitzgerald Fleming Flexer Fordham Fowler of Douglas Fowler of Treutlen Funk Greene Hale Hall of Floyd Harrell Henderson Hill Hodges Horton Howard Hull Hurst Jernigan Johnson Joiner Jones of Liberty Jones of Lumpkin Jordan Keadle Kelly Keyton Kidd Killian Killingsworth King Kirkland Knight of Berrien Lane Lanier Lee

Lewis Loggins Lowrey Mackay Massee Matthews of Clarke Matthews of Colquitt McCracken McCutchen McDonald McGarity Melton Milhollin Miller Mixon Moore Moorman Morris Mullis Murphy Newton Odom Otwell Pannell Paris Parker of Screven Parker of Ware Parker of Appling Farmer Payton Pelham Phillips of Columbia Phillips of Walton Phillips of Bibb Pickard Poole Purcell Raulerson Ray Roberts Rodgers of Charlton Rogers of Paulding Ross

Rowland Rutland Sangster Scarborough Scoggin Sheffield Shuman Simmons Sinclair Singer Smith of Grady Smith of Brantley Smith of Fulton Smith of Habersham Smith of Whitfield Steis Story Stuckey Summers Tamplin Taylor of Dawson Taylor of Decatur Taylor of Bibb Teague Thornton Twitty Undercofler Underwood of
Montgomery Underwood of Taylor Vaughn Walker of Lowndes Ware Wells of Peach Wickham Wilkes Williams of Coffee Williams of Hall Willingham Wilson Woodward Young

Those not voting were Messrs.:

Arnsdorff Barber Boggs Bowen of Randolph Brackin Brooks of Oglethorpe Cocke Conner Culpepper Duncan

Floyd Flynt Fuqua Hall of Lee Jones of Worth Jones of Sumter Kimmons Knight of Laurens Lokey Lovett

McClelland Moate Morgan Moss NeSmith Potts Roper Simpson Stevens Strickland

430

JOURNAL OF THE HOUSE,

Tabb Todd Tucker Waldrop

Walker of Telfair Watson Wells of Oconee Wells of Camden

White Mr. Speaker

On the passage of the Bill, the ayes were 165, nays 0.

The Bill, having received the constitutional majority, was passed.

SB 49. By Senators Sanders of the 18th and Knox of the 54th and others:
A Bill relating to appeals of the State Board of Education, so as to redefine the school systems from which such appeals may be taken, and for other purposes.

Mr. Matthews of Colquitt offered an amendment to SB 49 which was lost.

Mr. Scoggin of Floyd moved the previous question.

The previous question 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.:

Abney Adams Akins Andrews of Stephens Andrews of Hall Ballard Barnett of Wilkes Barnett of Baker Barrett Baughman Birdsong Black Blalock
Bolton Bowen of Toombs Boyett Bozeman Branch Brooks of Fulton Brown Budd Busbee Bynum

Caldwell Carswell Chance Chandler Clark of Catoosa Clarke of Monroe Cloer Collins Conner Cox Crawford Crowe Davis
Deen Dickey Dicus Dollar Dorminy Duncan of Fannin Dunn Echols Fitzgerald Fleming

Flexer Fordham Fowler of Treutlen Funk Greene Hale Hall of Floyd Harrell Henderson Hill Horton Howard Hull
Hurst Jernigan Johnson Joiner Jones of Liberty Jones of Lumpkin Jordan Keadle Kelly Keyton

FRIDAY, JANUARY 27, 1961

431

Kidd Killian Killingsworth King Kirkland Knight of Berrien
Lane Lanier Lee Lewis Lovett Lowrey Mackay Massee Matthews of Clarke Matthews of Colquitt McCracken McCutchen McDonald McGarity Milhollin Miller Mixon Moore Moorman Morris Mullis Murphy Odom Otwell Pannell Paris

Parker of Screven Parker of Appling Farmer Pelham Phillips of Columbia Phillips of Walton Phillips of Bibb Pickard Poole Potts Purcell Raulerson Ray Roberts Rodgers of Charlton Rogers of Paulding Ross Rowland Rutland Sangster Scarborough Scoggin Sheffield Shuman Simmons Sinclair Singer Smith of Grady Smith of Brantley Smith of Fulton Smith of Habersham Smith of Whitfield

Steis Stevens Story Strickland Stuckey Summers Tamplin Taylor of Dawson Taylor of Decatur Taylor of Bibb Teague Thornton Todd Tucker Twitty Undercofler Underwood of
Montgomery Underwood of Taylor Walker of Lowndes Ware Wells of Peach Wells of Oconee Wickham Wilkes Williams of Coffee Williams of Hall Wilson Woodward Young

Those not voting were Messrs.:

Arnsdorff Barber Boggs Bowen of Randolph Brackin Brooks of Oglethorpe Caldwell Cocke Coker Culpepper Doster Duncan of Carroll
Floyd Flynt Fowler of Douglas

Fuqua Hall of Lee Hodges Jones of Worth Jones of Sumter Kimmons Knight of Laurens Loggins Lokey McClelland Melton Moate Morgan Moss Ne Smith

Newton Parker of Ware Payton Roper Simpson Tabb Vaughn Waldrop Walker of Telfair Watson Wells of Camden White Willingham Mr. Speaker

On the passage of the Bill, the ayes were 161, nays 0.

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

432

JOURNAL OF THE HOUSE,

Mr. Conner of Jeff Davis stated that while he was talking to constituents from his district, he inadvertently voted aye, and would like for the record to show nay.

Mr. Melton of Spalding asked that the record show him as voting aye, as he was attending to other House business at the time of the roll call.

Mr. Ballard of Newton moved that the House do now adjourn until Monday morning, at 10:00 o'clock, and the motion prevailed.

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

MONDAY, JANUARY 30, 1961

433

Representative Hall, Atlanta Georgia Monday, January 30, 1961

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

Prayer was offered by Rev. Vernard Robertson, Pastor First Methodist Church, Fort Valley, Ga.

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

Mr. Black of Webster, Chairman of the Committee on Auditing, Enrolling, Engrossing and Journals reported that the Journal of the previous legislative day 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 uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions.

Mr. Jordan of Calhoun arose to a Point of Personal Privilege and addressed the House.

Mr. Scarborough of Crawford arose to a Point of Personal Privilege and addressed the House.

Mr. Wells of Oconee arose to a Point of Personal Privilege and addressed the House.

The Speaker presented Mayor William B. Hartsfield of the City of Atlanta, who extended an invitation to the members of the General Assembly on behalf of the Fulton, DeKalb and Clayton County delegations of the General Assembly to visit the new airport, February 1, 1961, and attend a luncheon after the tour of the airport and its facilities had been completed.

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

434

JOURNAL OF THE HOUSE,

HB 317. By Mr. Jernigan of Clinch:
A Bill to be entitled an Act to amend an Act establishing a retirement system for teachers, so as to clarify the provisions of qualifying for credit for prior service; and for other purposes.
Referred to the Committee on Education.

HB 318. By Messrs. Matthews of Colquitt, Cloer of Towns, Barnett of Baker, Branch and Morris of Tift and Newton of Colquitt:
A Bill to be entitled an Act to prohibit the sale or distribution of beer and malt beverages in certain counties and municipalities, and for other purposes.
Referred to the Committee on Temperance.

HB 319. By Mr. Undercofler of Sumter:
A Bill to be entitled an Act to fix and adjust the compensation for the members of the Board of Commissioners of Roads and Revenue of Sumter County, and for other purposes.
Referred to the Committee on Local Affairs.

HB 320. By Mr. Ross of Lincoln:
A Bill to be entitled an Act to amend an Act providing the tax receiver in certain counties a percentage of the ad valorem school taxes col lected by said official, so as to change the population and census figures; and for other purposes.
Referred to the Committee on Local Affairs.

HB 321. By Messrs. Ballard of Newton and Underwood of Montgomery:
A Bill to be entitled an Act to repeal an Act providing for the alloca tion by the State Highway Department to the several municipalities of this State of a certain sum for the maintenance of municipal high ways, and for other purposes.
Referred to the Committee on Highways.

HB 322. By Messrs. Scoggin of Ployd and Brooks of Fulton:
A Bill to be entitled an Act to amend an Act pertaining to Architects and for other purposes.
Referred to the Committee on Industry.

HB 323. By Mr. Bolton of Spalding:
A Bill to be entitled an Act to amend an Act requiring certain persons to take a loyalty oath, so as to exempt pages employed by the General Assembly, and for other purposes.
Referred to the Committee on State of Republic.

MONDAY, JANUARY 30, 1961

435

HB 324. By Mr. Fowler of Douglas:
A Bill to be entitled an Act to provide for the establishment and admin istration of an unsatisfied claim and judgment fund for the payment of damages for injury to or death of certain persons; and for damages to property arising out of the ownership or use of motor vehicles by financially irresponsible or unknown operators of motor vehicles; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 325. By Mr. Fowler of Douglas:
A Bill to be entitled an Act to provide that before any motor vehicle is registered or a license issued therefor, the Revenue Commissioner shall require a certificate of insurance to be filed in his office showing that said vehicle is covered by a motor vehicle liability insurance policy; and for other purposes.
Referred to the Committee on Insurance.

HB 326. By Mr. McClelland of Fulton:
A Bill to be entitled an Act to define eye banks; to make provisions as to who shall establish eye banks and the purposes thereof; to provide for the donation by living persons of the eyes or parts thereof of such persons to eye banks to be effective upon the death of the donor; and for other purposes.
Referred to the Committee on Hygiene and Sanitation.

HB 327. By Mr. McClelland of Fulton:
A Bill to be entitled an Act to amend an act defining the terms "bil liards" and "billiard room", so as to provide that the term "billiard room" shall not be construed to include a business establishment where in not more than three coin-operated billiard tables are located or operated, if such establishment is not operated primarily as a billiard room as defined, and for other purposes.
Referred to the Committee on State of Republic.

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

HB 285. By Messrs. Stuckey of Dodge, Underwood of Montgomery, Brooks of Fulton, Baughman of Early, Branch of Tift, Moorman of Lanier, and others:
A Bill to be entitled an Act to create a Georgia Industrial Develop ment Commission; and for other purposes.

HB 286. By Mr. Fleming of Richmond:
A Bill to be entitled an Act to amend an Act entitled "Retailers' and Consumer's Sales and Use Tax Act" relating to certificates of Re-sale By Registered Retail Merchants, and for other purposes.

436

JOURNAL OP THE HOUSE,

HB 287. By Messrs. Twitty of Mitchell and Smith of Emanuel:
A Bill to be entitled an Act to provide for the payment of the cost of the support, care and treatment rendered to persons admitted or com mitted to any hospital or institution which now is or hereafter comes under the control of the State Board of Health or the Georgia Depart ment of Public Health or any facility operated in conjunction there with; and for other purposes.

HB 288. By Messrs. Moore and Adams 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 extend the corporate limits of said City so as to annex certain areas now outside said corporate limits, and for other purposes.

HB 289. By Messrs. Thornton, Phillips and Taylor of Bibb:
A Bill to be entitled an Act to amend an Act known as the "Juvenile Court Act", and for other purposes.

HB 290. By Messrs. Thornton and Phillips of Bibb:
A Bill to be entitled an Act to amend an Act relating to the liability of insurers for damages and attorney's fees arising out of bad faith, so as to provide for the fixing of attorney's fees by the trial jury, and for other purposes.

HB 291. By Messrs. Phillips, Taylor and Thornton of Bibb:
A Bill to be entitled an Act to amend an Act relating to the punishment for certain election offenses; and for other purposes.

HE 108-291. By Messrs. Twitty of Mitchell and Smith of Emanuel:
A Resolution proposing an amendment to the Constitution so as to create a Board of Commissioners for the Department of Commerce; and for other purposes.

HR 109-291. By Messrs. Pickard, Wickham and Dicus of Muscogee and Baughman of Early:
A Resolution relative to the construction of a Museum in Muscogee County by the Georgia Historical Commission; and for other purposes.

HR 110-291. By Mr. Jones of Lumpkin:
A Resolution to compensate Wanda Jones, and for other purposes. (State Highway Dept.)
HB 292. By Messrs. Twitty of Mitchell, Underwood of Montgomery and Ballard of Newton:
A Bill to be entitled an Act to prescribe the procedure for the exercise of the power of eminent domain; and for other purposes.

MONDAY, JANUARY 30, 1961

437

HB 293. By Messrs. Twitty of Mitchell, Underwood of Montgomery and Ballard of Newton:
A Bill to be entitled an Act to amend an Act entitled Eminent Domain-- Condemnation Proceedings before a special Master, and for other pur poses.

HB 294. By Messrs. Twitty of Mitchell, Underwood of Montgomery and Ballard of Newton:
A Bill to be entitled an Act to repeal an Act providing for the con demnation of private property by the State or the United States, or other agencies therein described, for public purposes, and for other purposes.

HB 295. By Mr. Pannell of Murray:
A Bill to be entitled an Act to amend an Act granting a new charter for the City of Spring Place, so as to provide that an ad valorem tax, not to exceed five mills, may be levied; and for other purposes.

HB 296. By Mr. McCracken of Jefferson:
A Bill to be entitled an Act to regulate the settlement of personal injury claims, except as to injured persons coming under the State Workmen's Compensation Act; and for other purposes.

HB 297. By Messrs. Ray of Warren, Undercofler of Sumter, Underwood of Montgomery, Twitty of Mitchell, McCracken of Jefferson, Collins of Mitchell, Cox of Clarke, Odom of Dougherty, Matthews of Clarke, and many others:
A Bill to be entitled an Act to amend an Act relating to the Budget Bureau and its duties, and relating to the creation of a Finance Com mission and Budget Bureau, and for other purposes.

HR 111-297. By Messrs. Ray of Warren, Undercofler of Sumter, Underwood of Montgomery, Twitty of Mitchell, Collins of Mitchell, McCracken of Jefferson, Cox and Matthews of Clarke and many others:
A Resolution proposing an amendment to the Constitution so as to provide for appropriation control; to provide for the annual prepara tion, submission and enactment of a General Appropriation Bill; and for other purposes.

HB 298. By Messrs. Hall, Scoggin and Lowrey of Floyd:
A Bill to be entitled an Act to amend an Act entitled "Rome Judicial Circuit, by increasing the salary of the Assistant Solicitor General, and for other purposes.

HB 299. By Mr. Hall of Floyd:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Rome, relating to the salary of the members of the Rome City Commission, and for other purposes.

438

JOTJKNAL OF THE HOUSE,

HB 300. By Messrs. Hall, Scoggin and Lowrey of Floyd:
A Bill to be entitled an Act to amend an Act entitled "City Court of Floyd County, by increasing the salary of the Judge of the City Court of Floyd County, and for other purposes.

HB 301. By Messrs. Mackay, Rutland and Howard of DeKalb:
A Bill to be entitled an Act to amend an Act so as to provide that in all counties having a population of not less than 120,000 and not more than 145,000, the Commissioner of Roads and Revenues or other governing authority of such counties shall pay the actual cost of feed ing prisoners in lieu of paying fees to the Sheriff or his appointed jailer for dieting such prisoners; and for other purposes.

HB 302. By Messrs. Mackay, Rutland and Howard of DeKalb:
A Bill to be entitled an Act to amend an Act requiring jury commis sioners in counties having a population of not less than 120,000 and not more than 145,000, in all future registers of the traverse jury list to place all tickets containing the names of traverse jurors in one box for the use of superior courts in said counties and that no such tickets are to be placed in any other traverse jury box for use in any other court in such counties, and for other purposes.

HB 303. By Messrs. Mackay, Rutland and Howard of DeKalb:
A Bill to be entitled an Act to amend an Act to provide that the govern ing authorities of certain counties may charge for inspections, require permits and to set up a code and provide rules and regulations for the installations of heating and air-conditioning in said counties; and for other purposes.
HB 304. By Messrs. Mackay, Howard and Rutland of DeKalb:
A Bill to be entitled an Act to amend an Act to provide that the gov erning authorities of certain counties may charge for inspections, re quire permits, set up a code, and provide rules and regulations for the installations of plumbing in said counties; and for other purposes.
HB 305. By Messrs. Mackay, Howard and Rutland of DeKalb:
A Bill to be entitled an Act to amend an Act so as to authorize any counties in this State having a population of not less than 85,000 and not more than 100,000, to provide through a cadastral survey, a field book system for real property identification and evaluation, and for other purposes.
HB 306. By Messrs. Mackay, Rutland and Howard of DeKalb:
A Bill to be entitled an Act to amend an Act providing for exemption of taxation to the owner of personal property in certain counties; and for other purposes.
HB 307. By Messrs. Mackay, Rutland and Howard of DeKalb:
A Bill to be entitled an Act to amend an Act to require the boards of jury commissioners in certain counties, to place on the jury lista

MONDAY, JANUARY 30, 1961

439

of said counties the names of not less than 10,000 upright and intelli gent men to serve as jurors in all the courts of such counties, and to select intelligent, and upright men to serve as grant jurors; and for other purposes.

HB 308. By Messrs. Mackay, Rutland and Howard of DeKalb:
A Bill to be entitled an Act to amend an Act which provides for sup plementing the funds of the County Board of Education, in certain counties, and for other purposes.

HB 309. By Messrs. Mackay, Rutland and Howard of DeKalb:
A Bill to be entitled an Act to amend an Act providing a uniform County Commissioners' Law in certain counties, and for other purposes.

HB 310. By Messrs. Mackay, Rutland and Howard of DeKalb:
A Bill to be entitled an Act to repeal an Act providing for the approval and recording of plats in certain counties, and for other purposes.

HB 311. By Messrs. Mackay, Rutland and Howard of DeKalb:
A Bill to be entitled an Act to amend an Act to fix the compensation of Commissioners of Roads and Revenues in certain counties, and for other purposes.

HB 312. By Messrs. Mackay, Howard and Rutland of DeKalb:
A Bill to be entitled an Act to repeal an Act relating to the position of the Chief of Police in certain counties, and for other purposes.

HB 313. By Messrs. Mackay, Howard and Rutland of DeKalb:
A Bill to be entitled an Act to amend an Act creating a Purchasing Department in counties having a population of 200,000 or more, and for other purposes.

HB 314. By Messrs. Mackay, Rutland and Howard of DeKalb:
A Bill to be entitled an Act to repeal an Act providing for the fees of Coroners, Constables and Jurors in certain counties, and for other purposes.

HB 315. By Messrs. Mackay, Rutland and Howard of DeKalb:
A Bill to be entitled an Act to repeal an Act authorizing the payment of pensions to county employees and officers, including county police but not elected officials in certain counties, and for other purposes.

HB 316. By Mr. Twitty of Mitchell:
A Bill to be entitled an Act to provide for the licensing of Collection Agencies in Georgia; to render it unlawful to engage in the business of a collection agency without first obtaining a license under the pro visions of this laws, and for other purposes.

440

JOURNAL OF THE HOUSE,

HR 112-316. By Messrs. Steis of Harris, Hill of Meriwether, Ware of Troup, Pickard of Muscogee, Wickham of Muscogee, Birdsong of Troup and Discus of Muscogee:
A Resolution authorizing the sale by the State of Georgia of a certain tract of land located in Harris County, and for other purposes.
SR 12. By Senator Blalock of the 36th:
A Resolution authorizing the conveyance of certain real property pres ently being utilized by the State Highway Department and located in East Point, Georgia; and for other purposes.
SR 27. By Senator Brown of the 52nd:
A Resolution relating to the placing of monuments at Gettysburg and Antietam; and for other purposes.
SB 28. By Senator Gardner of the 47th:
A Bill to be entitled an Act to amend an Act relating to common trust funds and the rights, powers, and duties of fiduciaries with respect thereto, so as to increase the maximum amount of monies of any one estate which may be invested in one or more common trust funds; and for other purposes.
SB 29. By Senator Gardner of the 47th:
A Bill to be entitled an Act to amend Section 113-1518 of the Code of Georgia, as amended, relating to investments made by executors, admin istrators, guardians and trustees so as to provide that a corporate fiduciary may retain the property owned by the estate; and for other purposes.
SB 36. By Senators Lambert of the 28th and Towson of the 16th:
A Bill to be entitled an Act to amend Code Section 53-503, relating to the separate estate of a wife, so as to strike the provisions prohibiting a wife from binding her separate estate by a contract of suretyship or any assumption of the debts of her husband; and for other purposes.
SB 53. By Senators Sanders of the 18th and Mitchell of the 43rd:
A Bill to be entitled an Act to amend an Act establishing Juvenile Courts, as amended, so as to provide that in certain counties the Clerk of the Superior Court shall act as the Clerk of the Juvenile Court; and for other purposes.

The following report of the Committee on Rules was read and adopted: Mr. Speaker:
Your Committee on Rules met and fixed the calendar for today's business Monday, January 30, 1961, and submits the following:
1. HB 163. Current Income Tax payment, refunds 2. HB 164. Notice of Assessment of any tax

MONDAY, JANUARY 30, 1961

441

3. HB 165. Revenue Commissioner, punishment for perjury 4. HB 36. Housing Authority Board, abolish 5. HB 34. Court Reporters, allowance 6. HB 48. Forbid death penalty under certain age 7. HB 170. Superior Courts Emeritus, qualifications 8. HB 232. Estate Taxes, assessment and collections 9. HB 243. Practice of Law, requirements 10. HB 139. Joint Committee on Operations of General Assembly; amend

The Speaker shall have the right to call the above Bills and Resolutions in any order which he may desire.
Respectfully submitted,
Twitty of Mitchell, Vice-Chairman.
Undercofler of Sumter, Secretary.

Mr. Ray of Warren County, Chairman of the Committee on Appropriations, submitted the following report:

Mr. Speaker:

Your Committee on Appropriations has had under consideration the follow ing Bill and Resolutions of the House and has instructed me, as Chairman, to report the same back to the House with the following recommendations:

HB 297. Do Pass.

HR 111-297. Do Pass.

HR 43-99. Do Pass.

HR 38-73. Do Pass.

Respectfully submitted,

Ray of Warren, Chairman.

Mr. Twitty of Mitchell County, Vice-Chairman of the Committee on Rules, submitted the following report:
Mr. Speaker:
Your Committee on Rules has had under consideration the following Bill of the House and has instructed me, as Vice-Chairman, to report the same back to the House with the following recommendation:
HB 316. Do Pass.
Respectfully submitted,
Twitty of Mitchell, Vice-Chairman.

442

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 Resolution of the House, to wit:

HB 118. By Messrs. Matthews and Cox of Clarke:
A Bill authorizing the governing authority of Clarke County to issue and require building permits; and for other purposes.

HB 120. By Messrs. Matthews and Cox of Clarke:
A Bill authorizing the governing authority of Clarke County to assess and collect license fees and occupational taxes against any person, firm or corporation who engages in any type of business in said county out side of municipalities; and for other purposes.

HB 121. By Messrs. Matthews and Cox of Clarke:
A Bill authorizing the governing authority of Clarke County to provide for the paving of streets in Clarke County and to authorize the cost of said paving to be assessed against the property on each side of such streets; and for other purposes.

HB 122. By Messrs. Matthews and Cox of Clarke:
A Bill to provide that the governing authority of Clarke County may establish water, sanitation, sewerage and fire protection districts in said county; and for other purposes.

HB 123. By Messrs. Matthews and Cox of Clarke:
A Bill authorizing the governing authority of Clarke County to enact ordinances for the policing and governing of said county for the pur poses of preserving the health and safety of the citizens thereof; and for other purposes.

HB 124. By Mr. Stuckey of Dodge:
A Bill to incorporate the Town of Rhine, so as to enlarge the corporate limits; to redefine limits of said town; and for other purposes.

HB 127. By Mr. Moss of Gordon:
A Bill creating a new charter for the City of Calhoun; and for other purposes.

HB 128. By Mr. Moss of Gordon:
A Bill abolishing the office of Tax Collector and the office of Tax Re ceiver and creating the office of Tax Commissioner of Gordon County: and for other purposes.

MONDAY, JANUARY 30, 1961

443

HB 129. By Mr. Moss of Gordon:
A Bill to change the compensation of the Sheriff of Gordon County; and for other purposes.

HB 130. By Mr. Moss of Gordon:
A Bill creating the office of Commissioner of Roads and Revenue in Gordon County; to increase the compensation of the Commissioner; to increase the compensation of Clerk of said Commissioner; and for other purposes.

HB 131. By Messrs, Lovett and Knight of Laurens:
A Bill to amend an Act creating a new charter for the City of Dublin, so as to increase the ad valorem tax levy for the City of Dublin; and for other purposes.

HB 132. By Messrs. Lovett and Knight of Laurens:
A Bill to amend an Act placing the Clerk of the Superior Court of Laurens County and his deputies on a salary basis; to provide for the procedure connected therewith; and for other purposes.

HB 134. By Mr. Barnett of Wilkes:
A Bill to amend an Act entitled "An Act to establish a board of commis sioners of roads and revenues of Wilkes County; as amended, so as to increase the compensation of the board members; and for other purposes.

HB 136. By Messrs. Williams and Andrews of Hall:
A Bill to amend an Act entitled "An Act to provide for a County Tax for roads in counties having a population of not less than 40,000 nor more than 43,000 according to the 1950 United States census or any future census; and for other purposes.

HR 69-174. By Messrs. Smith of Emanuel and Twitty of Mitchell and others:
A Resolution proposing an amendment to the Constitution so as to declare that freedom of association at all levels of education shall be preserved inviolate, and to authorize the General Assembly to provide an adequate education for the citizens of Georgia; to provide for sub mission of this amendment for ratification or rejection; and for other purposes.

The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has passed, as amended, by the requisite constitutional majority the following Bill of the House, to wit:
HB 174. By Messrs. Smith of Emanuel and Twitty of Mitchell and others:
A Bill to provide for suspension and reopening of public schools; to provide for the call of an election on said issue; to prescribe the proce-

444

JOURNAL OP THE HOUSE,

dure relating thereto; to provide that teachers' and other contracts shall not be affected by such suspension but that the compensation there under shall continue under specified terms; and for other purposes.
The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following Bills of the Senate, to wit:
SB 66. By Senator Brown of the 52nd:
A Bill relating to the consolidation of the offices of Tax Receiver of Pulton County and Tax Collector of Pulton County, approved Feb. 21, 1951 (Ga. Laws 1951, p. 3006), so as to provide for the election of Tax Commissioner of Fulton County; to provide for the filling of vacancies in the Office of Tax Commissioner; to repeal conflicting laws; and for other purposes.
SB 67. By Senator Raynor of the 4th:
A Bill to amend an Act entitled "An Act to change the compensation of the sheriff and the ordinary of Charlton County from a fee to a salary system; to repeal conflicting laws; and for other purposes," approved March 1, 1960 (Ga. Laws 1960, p. 229) ; and for other purposes.

SB 68. By Senator Brown of the 52nd:
A Bill to amend an Act establishing a new Charter for the City of Roswell, approved Feb. 9, 1950 (Ga. Laws 1950, p. 2178), as amended par ticularly by an Act approved March 4, 1955 (Ga. Laws 1955, p. 2639), and an Act approved March 7, 1957 (Ga. Laws 1957, p. 2663), so as to change the corporate limits of said City; to repeal conflicting laws; and for other purposes.

SB 71. By Senator Mitchell of the 43rd:
A Bill to amend an Act to create the Office of Commissioner of Roads and Revenues of the County of Whitfield, approved July 27, 1929 (Ga. Laws 1929, p. 763) as amended, by deleting that portion of Section 17, thereof which regulates employment of certain persons; by repealing conflicting laws; and for other purposes.

SB 75. By Senators Brown of the 52nd and McWhorter of the 34th:
A Bill to amend the Act to provide pensions to members of police de partments in cities in the State of Georgia having a population of 150,000 or more, so as to provide additional pension payments for all former officers and members who retired prior to March 8, 1945, and for a continuation of such pension benefits to their widows; to repeal conflicting laws; and for other purposes.

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

MONDAY, JANUARY 30, 1961

445

SB 66. By Senator Brown of the 52nd:
A Bill to be entitled an Act to amend an Act relating to the consolida tion of the office of Tax Receiver of Fulton County and Tax Collector of Pulton County, so as to provide for the election of Tax Commissioner of Fulton County; to provide for the filling of vacancies in the Office of Tax Commissioner; and for other purposes.
Referred to the Committee on Local Affairs.

SB 67. By Senator Raynor of the 4th:
A Bill to be entitled an Act to amend an Act entitled "An Act to change the compensation of the sheriff and the ordinary of Charlton County from a fee to a salary system; and for other purposes.
Referred to the Committee on Local Affairs.

SB 68. By Senator Brown of the 52nd:
A Bill to be entitled an Act to amend an Act establishing a new Charter for the City of Roswell, as amended, so as to change the corporate limits of the said City; and for other purposes.
Referred to the Committee on Local Affairs.

SB 71. By Senator Mitchell of the 43rd:
A Bill to be entitled an Act to amend an Act to create the Office of Commissioner of Roads and Revenues of the County of Whitfield, as amended, by deleting that portion of Section 17 thereof which regulates employment of certain persons; and for other purposes.
Referred to the Committee on Local Affairs.
SB 75. By Senators Brown of the 52nd and McWhorter of the 34th:
A Bill to be entitled an Act to amend the Act to provide pensions to mem&ers of police departments in certain cities, so as to provide addi tional pension payments for all former officers and members who re tired prior to March 8, 1945, and for a continuation of such pension benefits to their widows; and for other purposes.
Referred to the Committee on Local Affairs.
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 164. By Mr. Blalock of Clayton:
A Bill providing for service by mail of notices of assessment of any tax or license fee; and for other purposes.
The report 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.

446

JOURNAL OF THE HOUSE,

HB 232. By Messrs. Blalock of Clayton and Rutland of DeKalb:
A Bill relating to the imposition, assessment and collection of estate taxes; and for other purposes.

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

On the passage of the Bill, the ayes were 103, nays 0.

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

HB 170. By Messrs. Jernigan of Clinch, Knight of Berrien, Moorman of Lanier and others:
A Bill creating the office of Judge of the Superior Courts Emeritus, so as to modify the service qualifications for appointment to the office of Judge of the Superior Courts Emeritus; and for other purposes.

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

By unanimous consent, further consideration of HB 170 was postponed until January 31, 1961.

The following Bills of the House were again taken up for consideration:

HB 34. By Messrs. Bowen of Randolph, Jordan of Calhoun, and others:
A Bill authorizing and providing a contingent expense and travel allow ance, for all duly appointed reporters of the superior courts of the judi cial circuits of the State of Georgia; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill,

was agreed to.

*

On the passage of the Bill, the ayes were 107, nays 10.

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

HB 163. By Messrs. Blalock and Rutland, of DeKalb:
A Bill amending Section 15 of the Current Income Tax Payment Act of 1960, relating to employee refunds and credits; and for other purposes.

Mr. Twitty of Mitchell moved that the House reconsider its action in adop tion the following amendment:
Mr. Andrews of Hall moves to amend HB 163 as follows:
By striking Section 2 and adding thereto a new section to be known as Section 2 as follows:
"Section 2. Code Section 92-3109 relating to deductions from gross income for income tax purposes is hereby amended by strik-

MONDAY, JANUARY 30, 1961

447

ing from sub-paragraph (1) of paragraph (c) the words "and Federal" so that said section shall read as follows: (1). Taxes paid or accrued within the taxable year, except State income taxes, estate and inheritance taxes, gift taxes, cigar and cigarette taxes, gasoline taxes, and taxes for local benefits of a kind tending to increase the value of property assessed."
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

By unanimous consent, the House reconsidered its action in adopting the above amendment.

The amendment was again 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.:

Abney Adams Akins Andrews of Stephens Arnsdorff Ballard Barnett of Wilkes Barnett of Baker Baughman Black Blalock Bowen of Randolph Bowen of Toombs Boyett Bozeman Brackin Branch Brown Budd Busbee Bynum Caldwell Carswell Chance Chandler Clark of Catoosa Clarke of Monroe Cloer Cocke Coker Collins Conner

Cox Crawford Crowe Culpepper Davis Deen Dickey Dicus
Dollar Dorminy Duncan of Fannin Duncan of Carroll Dunn Fitzgerald Flexer Floyd Flynt Fordham
Fowler of Douglas Fowler of Treutlen Funk Greene Hale Hall of Lee Harrell
Henderson Hill Hodges Horton Howard
Hull Hurst

Jernigan Johnson
Joiner Jones of Liberty
Jones of Worth Jones of Lumpkin
Jordan Keadle Kelly
Keyton Kidd Killian Killingsworth
King Kirkland Knight of Laurens
Knight of Berrien Lane Lee Lewis Lokey Lowrey Mackay
Massee Matthews of Clarke Matthews of Colquitt McClelland
McCutchen McDonald Milhollin Miller Mixon

448

JOURNAL OF THE HOUSE,

Moore Moorman Morgan Morris Moss Mullis NeSmith Newton Odom Otwell Pannell Paris Parker of Screven Parker of Appling Farmer Pelham Phillips of Walton Phillips of Bibb Pickard Poole Potts Purcell Raulerson Ray Rodgers of Charlton

Ross Rutland Sangster Scoggin S human Simmons Simpson Sinclair Singer Smith of Grady Smith of Brantley Smith of Fulton Smith of Habersham Smith of Whitfield Steis Stevens Story Strickland Stuckey Summers Tabb Taylor of Dawson Taylor of Decatur Taylor of Bibb Teague

Thornton Todd Tucker Twitty Undercofler Underwood of
Montgomery Vaughn Waldrop Walker of Lowndes Walker of Telfair
Ware Watson Wells of Peach Wells of Oconee Wells of Camden White Wickham Wilkes Williams of Coffee Wilson Woodward Young

Those voting in the negative were Messrs. Rogers of Paulding and Rowland.

Those not voting were Messrs.:

Andrews of Hall Barber Barrett Birdsong Boggs Bolton Brooks of Oglethorpe Brooks of Fulton Doster Echols Fleming Fuqua

Hall of Floyd Jones of Sumter Kimmons Lanier Loggins Lovett McCracken McGarity Melton Moate Murphy Parker of Ware

Payton Phillips of Columbia Roberts Roper Scarborough Sheffield Tamplin Underwood of Taylor Williams of Hall Willingham Mr. Speaker

On the passage of the Bill, the ayes were 168, nays 2.

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

HB 139. By Messrs. Smith of Emanuel, Twitty of Mitchell, and others:
A Bill creating the Joint Committee on the Operations of the General Assembly and the Office of Legislative Counsel, so as to change the name of the Joint Committee on the Operations of the General Assem bly to Legislative Services Committee; and for other purposes.
The following committee amendment was read and adopted:

MONDAY, JANUARY 30, 1961

449

The Committee of the House on State of Republic moves to amend HB 139 as follows:
By adding in the title before the words "to repeal conflicting laws," the words "to transfer powers, duties, and authority,".
By adding at the end of Section 1 the following:
"The Legislative Services Committee shall succeed to and be vested with all the powers, duties, and authority of the Joint Com mittee on the Operations of the General Assembly and shall be a continuation thereof with only the name being changed."

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.

Mr. Twitty of Mitchell moved that the House agree to the Senate amendment to the following Bill of the House:

HB 174. By Messrs. Smith of Emanuel, Twitty of Mitchell, and others:
A Bill providing for suspension and reopening of public schools; and for other purposes.

The following Senate amendment was read:
The Committee on Rules of the Senate moves to amend Section 1 of HB 174 as follows:
By striking the word "with" in the fifth line of said Section 1 and inserting therein the word "within".

On the motion to agree, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Akins Andrews of Stephens Andrews of Hall Arnsdorff
Ballard Barrett Baughman Birdsong Blalock Bowen of Toombs Boyett Bozeman
Brackin Brown

Busbee Bynum Caldwell Carswell Chance
Clark of Catoosa Clarke of Monroe Cloer Cocke Coker Collins Cox Crawford
Crowe Davis

Been Dickey Dicus Dollar Duncan of Fannin
Fitzgerald Flexer Floyd Flynt Fowler of Douglas Fowler of Treutlen Funk Greene
Hale Hall of Lee

450

JOURNAL OF THE HOUSE,

Harrell Henderson Hill Horton Howard Hull Hurst Jernigan Johnson Joiner Jones of Liberty Jones of Lumpkin Kelly Keyton Killian King Kirkland Knight of Laurens Knight of Berrien Lanier Lee Lewis Loggins Lokey Mackay Matthews of Clarke Matthews of Colquitt McClelland McCutehen McDonald Melton Milhollin Harrell Henderson Miller

Mixcn Moore Moorman Morgan Moss Mullis Murphy NeSmith Newton Odom Pannell Paris Parker of Screven Parker of Ware Parker of Appling Payton Pelham Phillips of Bibb Pickard Potts Purcell Raulerson Rodgers of Charlton Rogers of Paulding
Ross Rowland Rutland Sangster Scoggin Sheffield Shuman Simmons Simpson Sinclair Smith of Grady

Voting in the negative was Mr. Roberts.

Those not voting were Messrs.:

Adams Barber Barnett of Wilkes Barnett of Baker Black Boggs Bolton Bowen of Randolph Branch Brooks of Oglethorpe Brooks of Fulton Budd Chandler Conner Culpepper Dorminy Doster

Duncan of Carroll Dunn Echols Fleming Fordham Fuqua Hall of Floyd Hodges Jones of Worth Jones of Sumter Jordan Keadle Kidd Killingsworth Kimmons Lane Lovett

Smith of Fulton Smith of Habersham Smith of Whitfield Steis Stevens Story Strickland Stuckey Summers Tabb Tamplin Taylor of Dawson Taylor of Decatur Taylor of Bibb Teague Thornton Todd Tucker Twitty Underwood of Taylor Vaughn Waldrop Ware Watson Wells of Peach Wells of Oconee Wells of Camden Wilkes Williams of Coffee Williams of Hall Wilson Woodward Young
Lowrey Massee McCracken McGarity Moate Morris Otwell Farmer Phillips of Columbia Phillips of Walton Poole Ray Roper Scarborough Singer Smith of Brantley Undercofler

MONDAY, JANUARY 30, 1961

451

Underwood of Montgomery
Walker of Lowndes

Walker of Telfair White Wickham

Willingham Mr. Speaker

On the motion to agree, the ayes were 146, nays 1.

The Senate amendment to the House Bill was agreed to.

During the call of the roll, Mr. Brooks of Fulton had been called to the tele phone and he stated that had he been on the floor of the House when the roll was called, he would have voted aye on agreeing to the Senate amendment to HB 174.

The following Resolution of the House was read and adopted:

HR 115. By Messrs. Smith of Emanuel and Scarborough of Crawford:
A RESOLUTION
Expressing regret at the passing of Honorable Jerre William Lowe; and for other purposes.
WHEREAS, Honorable Jerre William Lowe was nominated in the Democratic Primary on June 30, 1960, as the nominee of the Democratic Party for Representative from Crawford County; and
WHEREAS, due to a most tragic accident he passed away on July 7, 1960; and
WHEREAS, he was a highly respected citizen of Crawford County and was active in matters which were beneficial to his locality; and
WHEREAS, his passing was a, great loss to his community and his State;
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that sincerest regrets are hereby expressed at the passing of Honorable Jerre William Lowe, and deepest sympathy is hereby extended 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 Mrs. Jerre W. Lowe.

The following Resolution of the House was taken up for consideration:

HR 116. By Mr. Funk of Chatham:
A RESOLUTION
Relative to teachers' salaries; and for other purposes. WHEREAS, the public school teachers of Georgia feel that a siz able increase in teachers' salaries is necessary to keep public education on its present high level;
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that legislation be enacted providing for such increases in County and State taxes as will be necessary to raise each teacher's salary $400.00 in 1961 and not less than $400.00 in 1962.

452

JOURNAL OF THE HOUSE,

The Resolution was read and lost. The following Resolutions of the House were read and adopted:

HR 117. By Mr. Smith of Emanuel:
A RESOLUTION
Inviting Miss Lynda Joy Lackey, National Maid of Cotton, to appear before the House and Senate; and for other purposes.
WHEREAS, Miss Lynda Joy Lackey, National Maid of Cotton, will be in Atlanta, January 30, 1961, for personal appearances on behalf of the National Cotton Council of America;
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that Miss Lackey is hereby officially re quested to make an appearance before the House and before the Senate on the above date.
BE IT FURTHER RESOLVED that the Speaker of the House and the President of the Senate are hereby authorized to extend such invi tation to Miss Lackey.

HR 118. By Mr. Smith of Emanuel:
A RESOLUTION
Expressing appreciation to Honorable Ed Hiles and the Georgia Savings and Loan League; and for other purposes.
WHEREAS, on Wednesday evening, January 25, 1961, the members of the General Assembly were entertained at a most delightful reception and buffet dinner sponsored by the Georgia Savings and Loan League under the capable direction of Executive Secretary Ed Hiles; and
WHEREAS, all who attended are in agreement that it was one of the most thoroughly enjoyable events of the entire Session;
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that sincerest appreciation is hereby ex pressed to the Georgia Savings and Loan League and Executive Secre tary Ed Hiles for the aforesaid reception and buffet dinner.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a copy of this Resolution to the Honorable Ed Hiles.
The following Resolution of the House was read and referred to the Commit tee on Rules:

HR 119. By Mr. Wells of Camden:
A RESOLUTION Creating a Joint Legislative Committee to study Crooked River State Park in Camden County; and for other purposes. WHEREAS, the Crooked River State Park, located in Camden

MONDAY, JANUARY 30, 1961

453

County, was created and built at a considerable expense to the tax payers of the State of Georgia; and
WHEREAS, Crooked River, upon which said Park is located, is rapidly and consistently by the process of avulsion encroaching upon the property upon which has been erected permanent recreational facilities by the State Parks Department; and
WHEREAS, if this avulsionary process is allowed to continue un checked, the entire State Park will be destroyed and lost; and
WHEREAS, it behooves the State of Georgia to preserve and main tain its valuable recreational assets.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OP GEORGIA that there is hereby created a Joint Interim Legislative Study Committee, to be composed of three members of the House, to be appointed by the Speaker thereof, and two members of the Senate, to be appointed by the President of the Senate. The Committee shall study the cause and effects of the channel relocation of Crooked River and shall investigate and make studies into various solutions to the problem of conserving said Park. The Committee shall not be au thorized to meet in excess of fifteen (15) days. The Committee shall report back to the 1962 Session of the General Assembly its recommen dations for conserving Crooked River State Park. The members of the Joint Committee created herein shall be authorized to receive the ex penses and per diem compensation authorized interim committees of the General Assembly.

The following Resolution of the House was read and adopted:

HR 120. By Messrs. Smith of Emanuel, Twitty of Mitchell, and others:
A RESOLUTION
Expressing sympathy upon the passing of Glenn S. Phillips, Jr.; and for other purposes.
WHEREAS, Glenn S. Phillips, Jr., son of Honorable Glenn S. Phil lips, Representative from Columbia County, passed away; and
WHEREAS, he was a member of the Georgia State Patrol and has served with distinction and honor in the performance of his duties; and
WHEREAS, his passing is a great loss to his community and his State;
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that deepest sympathy is hereby extended to Representative and Mrs. Glenn S. Phillips upon the passing of their son, Glenn S. Phillips, Jr.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a copy of this Resolution to Mr. and Mrs. Phillips.

The following Resolutions of the House were read and referred to the Com mittee on Rules:

454

JOURNAL OF THE HOUSE,

HR 121. By Messrs. Kidd and Chandler of Baldwin:
A RESOLUTION
Creating a Committee to study the laws governing illegitimacy and bastardy; and for other purposes.
WHEREAS, the laws of this State governing illegitimacy and bas tardy are in dire need of revision because of the inadequacy of enforce ment of such laws; and
WHEREAS, no constructive legislation has been proposed to rem edy the inadequacy within these laws; and
WHEREAS, it is felt that an intense investigation and revision in these premises would aid the Courts in administering justice;
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is hereby created a committee to study the illegitimacy and bastardy laws of this State. Said commit tee shall consist of three members of the Senate, to be appointed by the President of the Senate, and seven members of the House of Represen tatives, to be appointed by the Speaker of the House of Representatives. The committee shall meet within thirty (30) days after all its members have been named for the purpose of organizing, and at said meeting a chairman, a secretary, and such other officers as deemed desirable by the committee shall be elected. For the purpose of setting the date of such first meeting, and making the necessary arrangements relative thereto, and for presiding until a chairman is elected, the President of the Senate or the Speaker of the House of Representatives shall preside and act as chairman. Further meetings of the committee shall be held on designated dates adopted by the committee.
The members of the committee shall receive compensation, per diem, expenses and allowances which are authorized for members of interim legislative committees for the days upon which that person serves. The committee is hereby authorized to make such reports from time to time as it deems desirable and shall furnish the General Assembly of the State of Georgia a full report of their study and investigation at the beginning of the 1962 Session.

HR 122. By Messrs. Sangster of Dooly and Summers of Crisp:
A RESOLUTION
Condemning the actions of various persons of national prominence and deploring a "benefit" performance for Martin Luther King, Jr.; and for other purposes.
WHEREAS, on January 27, 1961, at Carnegie Hall in New York City, New York, there is being promoted by Messrs. Frank Sinatra, Peter Lawford, Sammy Davis Jr., Joey Bishop and Dean Martin, a special "benefit" performance; and
WHEREAS, other persons of national prominence; namely Mrs. Eleanor Roosevelt, ex-governor Averell Harriman and Herbert Lehman, Senator Hubert Humphrey, Senator Jacob Javits, Congressman Adam Clayton Powell, actor Steve Alien and musician Leonard Bernstein, have become published supporters of this program; and

MONDAY, JANUARY 30, 1961

455

WHEREAS, the purpose of raising this slush fund is to reward Martin Luther King, Jr. for an incarceration in regard to illegal picket ing and to further create dissension among the races; and
WHEREAS, the act to be rewarded constituted an invasion of pri vate property by said Martin Luther King, Jr., and his associates and is illegal as has been publicly admitted by him before nation-wide tele vision audiences and he has frankly avowed his intention to disobey any laws which are not consistent or consonant with his views; and
WHEREAS, it should be brought to the attention of the people that the aiding and abetting of these activities by these law breakers in their open defiance of long-established and unquestioned laws governing pri vate property, to the fact that they thereby stultify their utterances which abjure and enjoin the State of Georgia against any reluctance and dissent to the questioning acceptance of, and obedience to, the leg islating decisions of the presently constituted United States Supreme Court.
NOW THEREFORE BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF THE STATE OF GEORGIA that the peo ple of Georgia and the Nation do hereby encourage the peoples of Geor gia and the Nation to boycott the products that these entertainers rep resent on television or on packaged or canned products of every kind. The boycott being a weapon recommended by Martin Luther King, Jr.
BE IT FURTHER RESOLVED THAT THE MEMBERS OF THE HOUSE OF REPRESENTATIVES recommend that the proceeds go to a more constructive cause; namely schools for the Negro blind, increased facilities for the mentally ill of the Negro race, construction of homes for unwed Negro mothers and for other humanitarian needs.

The following Resolution of the House was taken up for the purpose of con sidering the Senate amendment thereto:

HR 32, By Mr. Twitty of Mitchell: A Resolution creating the Criminal Law Study Committee; and for other purposes.
The following Senate amendment was read:
"By striking the word two in Line 18, page 1, of said Resolution and inserting in lieu the word "three".
By striking the word "four" in Line 19, page one, of said Resolution and inserting in lieu thereof the word "five".
By striking the word twelve in Line 18, page 1 and inserting in lieu thereof the word "fourteen".

By unanimous consent, the Senate amendment to HR 32 was agreed to.

The Speaker presented Honorable Douglas Blankenship, President of the State Junior Chamber of Commerce, who addressed the members of the House.

456

JOURNAL OF THE HOUSE,

Mr. Underwood of Montgomery moved that the House do now adjourn until 11:30 o'clock tomorrow morning and the motion prevailed.

The Speaker announced the House adjourned until 11:30 o'clock tomorrow morning.

TUESDAY, JANUARY 31, 1961

457

Representative Hall, Atlanta, Georgia Tuesday, January 31, 1961.

The House met pursuant to adjournment at 11:30 o'clock, A.M., this day and was called to order by the Speaker.

Prayer was offered by the Chaplain.

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

Mr. Black of Webster, Chairman of the Committee on Auditing, Enrolling, Engrossing and Journals reported that the Journal of the previous legislative day had been read and found to be correct.

By unanimous consent, the reading of the Journal was dispnesed 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 uncontested Bills.
6. First reading and reference of Senate Bills and Resolutions. 7. That the Speaker may in his discretion call up any Bill on the General
Calendar in any order that he desires.

The Speaker introduced Mr. Pruitt, President of the Georgia Municipal Asso ciation and also Mayor of Griffin who addressed the House.

The Speaker presented Miss Genelda Odum, Odum, Georgia, who was elected Junior Miss Georgia and who will compete in the finals in Mobile, Ala. March 17-28, for America's Junior Miss.

The following report of the Committee on Rules was read and adopted:

Tuesday, January 31, 1961.
Mr. Speaker: Your Committee on Rules met and fixed the calendar for today's business,
Tuesday, January 31, 1961, and submits the following: 1. HB 297. Budget Bureau, duties 2. HR 111-297. Appropriation Control, amendment

458

JOURNAL OF THE HOUSE,

3. HB 316. Collection Agencies, licensing

4. HB 243. Practice of Law, requirements

5. HB 165. Revenue Commissioner, punishment for perjury

6. HR 43-99. Compensate Sam R. Dunlap

7. HR 38-73. Compensate Jack W. Stewart

8. HB

49. Administration of estate; timber, etc.

9. HB

48. Forbid death penalty under certain age

10. HR 65-171. Governors to succeed themselves

11. HB 173. Law books to municipalities

The Speaker shall have the right to call the above Bills and Resolutions in any order which he may desire.
Respectfully submitted,
Twitty of Mitchell, Vice-Chairman.
Undercofler of Sumter, Secretary.

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

HB 328. By Messrs. McClelland, Brooks and Smith of Fulton:
A Bill to be entitled an Act to amend an Act to include therein non-profit professional societies, whether incorporated or unincorporated, whose purposes are to promote and advance the study and practice of such profession; and for other purposes.
Referred to the Committee on Ways and Means.

HB 329. By Mr. Simpson of Wheeler:
A Bill to be entitled an Act to provide for a change in the compensation of the Commissioner of Roads and Revenues of Wheeler County; and for other purposes.
Referred to the Committee on Local Affairs.

HB 330. By Messrs. Hodges and Parker of Ware:
A Bill to be entitled an Act to amend an Act amending the charter of the City of Waycross, and creating a Board of Tax Assessors; and for other purposes.
Referred to the Committee on Local Affairs.

HB 331. By Mr. Vaughn of Rockdale:
A Bill to be entitled an Act to increase the compensation of the Commis sioner of Roads and Revenue of Rockdale County; and for other pur poses.
Referred to the Committee on Local Affairs.

TUESDAY, JANUARY 31, 1961

459

HB 332. By Mr. Vaughn of Rockdale:
A Bill to be entitled an Act to change the compensation of the Sheriff of Rockdale County from the fee system to the salary system; and for other purposes.
Referred to the Committee on Local Affairs.

HB 333. By Mr. Vaughn of Rockdale:
A Bill to be entitled an Act to place the Ordinary of Rockdale County on a salary basis in lieu of a fee basis; and for other purposes.
Referred to the Committee on Local Affairs.
HR 113-333. By Messrs. Floyd of Chattooga, Phillips of Bibb and Underwood of Taylor:
A Resolution proposing an amendment to the Constitution so as to pro vide that any county, municipality, county school system, independent school system, school system established prior to the adoption of the Constitution of 1877, public corporation or subdivision may invest and reinvest sinking funds in certain bonds and obligations and in certain building and loan associations and savings and loan associations; and for other purposes.
Referred to the Committee on Banks and Banking.
HR 114-333. By Messrs. Floyd of Chattooga, Phillips of Bibb, Underwood of Taylor:
A Resolution proposing an amendment to the Constitution so as to pro vide that no county, municipal corporation, county school system, inde pendent school system, school system established prior to the adoption of the Constitution of 1877, public corporation or any other political division or subdivision of this State shall be prevented from investing and reinvesting its funds in certain building and loan associations and savings and loan associations; and for other purposes.
Referred to the Committee on Banks and Banking.

HB 334. By Messrs. Raulerson of Echols, Hurst of Quitman and Fitzgerald of Long:
A Bill to be entitled an Act to provide for the appointment of jury com missioners in counties of 4,200 population and less; and for other pur poses.
Referred to the Committee on State of Republic.

HB 335. By Mr. Andrews of Stephens:
A Bill to be entitled an Act to amend an Act to incorporate the City of Toccoa, providing for the hours of voting and the disposition of the ballots after election; and for other purposes.
Referred to the Committee on Local Affairs.

460

JOURNAL OP THE HOUSE,

HB 336. By Messrs. Baughman of Early, NeSmith of Meriwether, Hall of Lee, Sinclair of Macon, Cocke of Terrell and others:
A Bill to be entitled an Act to amend the Georgia Insurance Code of 1960 so as to provide that insurers may invest in Revenue Bonds issued by any political subdivision, authority, unit, or other corporate body created by the U. S. Government or the government of any State for the purpose of aiding in or promoting the industrial development of such State or Political Subdivisions; and for other purposes.
Referred to the Committee on Banks and Banking.
HB 337. By Mr. Parker of Screven:
A Bill to be entitled an Act to amend an Act creating the City Court of Sylvania, so as to change the provisions relating to the salaries of the Judge and Solicitor of said Court; and for other purposes.
Referred to the Committee on Local Affairs.
HB 338. By Mr. Parker of Screven:
A Bill to be entitled an Act to provide that in all counties having a population of not less than 14,560 nor more than 15,200, the Court of Ordinary shall have authority to issue warrants in misdemeanor traffic violations; and for other purposes.
Referred to the Committee on Local Affairs.

HB 339. By Mr. Walker of Lowndes:
A Bill to be entitled an Act to provide a procedure for the annexation of territory by municipalities located in counties having a certain popula tion; and for other purposes.
Referred to the Committee on Local Affairs.
HB 340. By Messrs. Smith of Emanuel and Twitty of Mitchell:
A Bill to be entitled an Act to amend an Act known as the Aid to the Blind Act, relating to the assistance to which a recipient of assistance under this Act is entitled; and for other purposes.
Referred to the Committee on State of Republic.

HB 341. By Messrs. Smith of Emanuel and Twitty of Mitchell:
A Bill to be entitled an Act to amend an Act known as the Aid to the Disabled Act, to provide for a physical examination of applicant for assistance under this Act; and for other purposes.
Referred to the Committee on State of Republic.

HB 342. By Messrs. Morris and Branch of Tift:
A Bill to be entitled an Act to amend an Act to incorporate the town of Ty Ty; and for other purposes.
Referred to the Committee on Local Affairs.

TUESDAY, JANUARY 31, 1961

461

HB 343. By Messrs. Lovett and Knight of Laurens, Kidd and Chandler of Bald win:
A Bill to be entitled an Act to authorize the Department of Health to accept legal title to certain property; and for other purposes.
Referred to the Committee on State of Republic.

HB 344. By Messrs. Bolton of Spalding, Brooks of Fulton and Howard of DeKalb:
A Bill to be entitled an Act to provide that a married female eighteen years of age may execute notes, loan deeds, deeds to secure debt, for the purpose of borrowing money on real estate in order to acquire a residence; and for other purposes.
Referred to the Committee on Judiciary.

HB 345. By Mr. Dicus of Muscogee and Mr. Hurst of Quitman:
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 for a special retail license; and for other purposes.

Mr. Dicus of Muscogee moved that the Bill be engrossed.

On the motion to engross, the ayes were 149, nays 0.

The motion to engross prevailed and the Speaker ordered HB 345 engrossed.

The Bill was referred to the Committee on Temperance.

HB 346. By Mr. Parker of Appling:
A Bill to be entitled an Act to change the Compensation of members of the Board of Commissioners of Roads and Revenues of Appling County; and for other purposes.
Referred to the Committee on Local Affairs.

HB 347. By Messrs. Fuqua and Hull of Richmond:
A Bill to be entitled an Act to repeal an Act relating to bad checks; and for other purposes.
Referred to the Committee on Judiciary.

HB 348. By Mr. Fuqua of Richmond:
A Bill to be entitled an Act to insure the collection of taxes from non residents engaging in the business of contracting in this State; to pro vide for the registration of non-resident contractors; to provide for the filing of a bond and a consent to service of process; and for other pur poses.
Referred to the Committee on State of Republic.

462

JOURNAL OF THE HOUSE,

HE 123-348. By Messrs. Dickey, Punk and Crawford of Chatham:
A Resolution authorizing and directing the State Librarian to furnish certain law books for the Eastern Judicial Circuit; and for other pur poses.
Referred to the Committee on Local Affairs.

HR 124-348. By Mr. Coker of Walker:
A Resolution to compensate E. A. Lunceford of Walker County; and for other purposes. (State Highway Dept.)
Referred to the Committee on Appropriations.

HR 125-348. By Mr. Coker of Walker:
A Resolution to compensate Mrs. J. C. Tucker of Kensington, Ga.; and for other purposes. (State Highway Dept.)
Referred to the Committee on Appropriations.

HB 349. By Mr. Raulerson of Echols:
A Bill to be entitled an Act to amend an Act prohibiting contributions to campaign funds or for political purposes by corporations and provid ing punishment therefor, so as to make said Act applicable to labor organizations and their officers; and for other purposes.
Referred to the Committee on State of Republic.
HB 350. By Messrs. Coker and Abney of Walker:
A Bill to be entitled an Act to amend an Act to create the office of Commissioner of Roads and Revenues for the County of Walker, provid ing for a "County Attorney"; and for other purposes.
Referred to the Committee on Local Affairs.

HB 351. By Mr. Rowland of Johnson:
A Bill to be entitled an Act to amend an Act to provide that in certain counties, the Board of County Commissioners shall have the power and authority to pay out of county funds a monthly expense allowance of $100.00 to the Sheriffs of said county to be used to mitigate expenses incurred by said sheriffs in connection with official duties; and for other purposes.
Referred to the Committee on Local Affairs.

HB 352. By Mr. Rowland of Johnson:
A Bill to be entitled an Act to amend an Act providing that the tax receiver in certain counties shall be paid from ad valorem school tax collected for the County Board of Education a commission of one and one-half percent of the net amount collected by the county tax collector; and for other purposes.
Referred to the Committee on Local Affairs.

TUESDAY, JANUARY 31, 1961

463

HB 353. By Mr, Rowland of Johnson:
A Bill to be entitled an Act to amend an Act providing that the tax col lector in certain counties shall be paid from ad valorem school taxes collected for the county board of Education a commission of three and one-half percent of the net amount collected by him; and for other pur poses.
Referred to the Committee on Local Affairs.

HB 354. By Mr. Rowland of Johnson:
A Bill to be entitled an Act providing that in certain counties the tax collectors shall be entitled to a commission of 10% on all collections in excess of 80% of the total taxes due; and for other purposes.
Referred to the Committee on Local Affairs.

HB 355. By Messrs. Bolton and Melton of Spalding:
A Bill to be entitled an Act to amend an Act authorizing the Commis sioners of Roads and Revenues of Spalding County designate a banking institution as a depository of county funds, so as to change the maxi mum amount of annual compensation that said Commissioner of Roads and Revenues shall be authorized to pay the county depository by agree ment with the depository; and for other purposes.
Referred to the Committee on Local Affairs.

HB 356. By Mr. Bolton of Spalding:
A Bill to be entitled an Act to amend an Act establishing the City Court of Griffin; and for other purposes.
Referred to the Committee on Local Affairs.

HB 357. By Mr. Bolton of Spalding:
A Bill to be entitled an Act to amend an Act authorizing and fixing the salaries and compensation of the Commissioners of Roads and Revenues of Spalding County; and for other purposes.
Referred to the Committee on Local Affairs.

HB 358. By Mr. Story of Gwinnett:
A Bill to be entitled an Act to amend an Act relating to the delivery of worthless checks, so as to clarify said check; to provide certain rules of evidence and presumptions in civil actions arising out of arrest or prose cution hereunder; and for other purposes.
Referred to the Committee on Judiciary.

HB 359. By Messrs. Killian and Flexer of Glynn, Thornton and Taylor of Bibb, Pickard of Muscogee, Mackay of DeKalb, Fleming of Richmond and many others:
A Bill to be entitled an Act to amend an Act regulating the preparation, contents, and recording of maps or plats of survey of tracks or bodies

464

JOURNAL OF THE HOUSE,

of land, so as to provide that certain counties shall come under the oper ation of said Act; and for other purposes.
Referred to the Committee on Judiciary.

By unanimous consent, the following Bills of the House and Senate were read the second time:

HB 317. By Mr. Jernigan of Clinch:
A Bill to be entitled an Act to amend an Act establishing a retirement system for teachers, so as to clarify the provisions of qualifying for credit for prior service; and for other purposes.

HB 318. By Messrs. Matthews of Colquitt, Cloer of Towns, Barnett of Baker, Branch and Morris of Tift and Newton of Colquitt:
A Bill to be entitled an Act to prohibit the sale or distribution of beer and malt beverages in certain counties and municipalities; and for other purposes.

HB 319. By Mr. Undercofler of Sumter:
A Bill to be entitled an Act to fix and adjust the compensation for the members of the Board of Commissioners of Roads and Revenues of Sumter County; and for other purposes.

HB 320. By Mr. Ross of Lincoln:
A Bill to be entitled an Act to amend an Act providing the tax receiver in certain counties a percentage of the ad valorem school taxes collected by said official, so as to change the population and census figures; and for other purposes.

HB 321. By Messrs. Ballard of Newton and Underwood of Montgomery:
A Bill to be entitled an Act to repeal an Act providing 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; and for other purposes.

HB 322. By Messrs. Scoggin of Floyd and Brooks of Fulton:
A Bill to be entitled an Act to amend an Act pertaining to Architects; and for other purposes.

HB 323. By Mr. Bolton of Spalding:
A Bill to be entitled an Act to amend an Act requiring certain persons to take a loyalty oath, so as to exempt pages employed by the General Assembly; and for other purposes.

HB 324. By Mr. Fowler of Douglas:
A Bill to be entitled an Act to provide for the establishment and ad ministration of an unsatisfied claim and judgment fund for the payment of damages for injury to or death of certain persons; and for damages

TUESDAY, JANUARY 31, 1961

465

to property arising out of the ownership or use of motor vehicles by financially irresponsible or unknown operators of motor vehicles; and for other purposes.

HB 325. By Mr. Fowler of Douglas:
A Bill to be entitled an Act to provide that before any motor vehicle is registered or a license issued therefor, the Revenue Commissioner shall require a certificate of insurance to be filed in his office showing that said vehicle is covered by a motor vehicle liability insurance policy; and for other purposes.

HB 326. By Mr. McClelland of Fulton:
A Bill to be entitled an Act to define eye banks; to make provisions as to who shall establish eye banks and the purposes thereof; to provide for the donation by living persons of the eyes or parts thereof of such persons to eye banks to be effective upon the death of the donor; and for other purposes.

HB 327. By Mr. McClelland of Fulton:
A Bill to be entitled an Act to amend an act defining the terms "bil liards" and "billiard room," so as to provide that the term "billiard room" shall not be construed to include a business establishment wherein not more than three coin-operated billiard tables are located or oper ated, if such establishment is not operated primarily as a billiard room as defined; and for other purposes.

SB 66. By Senator Brown of the 52nd:
A Bill to be entitled an Act to amend an Act relating to the consolida tion of the office of Tax Receiver of Fulton County and Tax Collector of Fulton County, so as to provide for the election of Tax Commissioner of Fulton County; to provide for the filling of vacancies in the Office of Tax Commissioner; and for other purposes.

SB 67. By Senator Raynor of the 4th:
A Bill to be entitled an Act to amend an Act entitled "An Act to change the compensation of the sheriff and the ordinary of Charlton County from a fee to a salary system; and for other purposes.

SB 68. By Senator Brown of the 52nd:
A Bill to be entitled an Act to amend an Act establishing a new Charter for the City of Roswell, as amended, so as to change the corporate limits of said City; and for other purposes.

SB 71. By Senator Mitchell of the 43rd:
A Bill to be entitled an Act to amend an Act to create the Office of Commissioner of Roads and Revenues of the County of Whitfield, as amended, by deleting that portion of Section 17 thereof which regulates employment of certain persons; and for other purposes.

466

JOURNAL OF THE HOUSE,

SB 75. By Senators Brown of the 52nd and McWhorter of the 34th:
A Bill to be entitled an Act to amend the Act to provide pensions to members of police departments in certain cities, so as to provide addi tional pension payments for all former officers and members who re tired prior to March 8, 1945, and for a continuation of such pension benefits to their widows; and for other purposes.

Mr. Steis of Harris 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 Bill of the House and has instructed me, as Chairman, to report the same back to the House with the following recommendation:
HB 282. Do Pass.
Respectfully submitted,
Steis of Harris, Chairman.

Mr. Ballard of Newton County, Chairman of the Committee on Highways, submitted the following report:
Mr. Speaker:
Your Committee on Highways 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 220. Do Pass.
HR 61-151. Do Pass.
HR 82-249. Do Pass.
HR 46-113. Do Pass.
HR 87-269. Do Pass.
Respectfully submitted,
Ballard of Newton, Chairman.

Mr. Busbee of Dougherty 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 Chairman, to report the same back to the House with the following recommendations:
HB 35. Do Not Pass.
HB 254. Do Pass.
HB 289. Do Pass.

TUESDAY, JANUARY 31, 1961

467

HB 87. Do Pass, as Amended. HE 100. Do Pass. HB 290. Do Pass. HB 150. Do Pass, as Amended. HB 151. Do Pass, as Amended. SB 16. Do Pass. HB 197. Do Pass. HB 265. Do Pass. HB 266. Do Pass. HB 260. Do Pass. SB 28. Do Pass. SB 29. Do Pass. SB 36. Do Pass.

Respectfully submitted,
Ballard of Dougherty, Chairman.

Mr. Underwood of Montgomery 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 227. Do Pass. HB 256. Do Pass. HB 262. Do Pass. HB 267. Do Pass. HB 273. Do Pass. HB 276. Do Pass. HB 277. Do Pass. HB 278. Do Pass. HB 279. Do Pass. HB 280. Do Pass. HB 281. Do Pass. HB 284. Do Pass. SB 40. Do Pass. SB 54. Do Pass.

468

JOURNAL OF THE HOUSE,

SR 11.

Do Pass.

HR 90-269. Do Pass.

Respectfully submitted,
Underwood of Montgomery, Chairman.

Mr. Barrett of Cherokee 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 178. Do Pass.
Respectfully submitted,
Parker of Ware, Secretary.

Mr. Caldwell of Upson 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 Bills of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 53. Do Pass as Amended.
HB 104. Do Pass as amended.
Committee recommends that HB 53 be taken up and discussed section by section.
Respectfully submitted,
Caldwell of Upson, Chairman.

Mr. Twitty of Mitchell County, Vice-Chairman of the Committee on Rules, submitted the following report:

Mr. Speaker:

Your Committee on Rules has had under consideration the following Bill of the House and has instructed me as Vice-Chairman, to report the same back to the House with the following recommendation:

HB 173. Do Pass.

Respectfully submitted,

Twitty of Mitchell, Vice-Chairman.

TUESDAY, JANUARY 31, 1961

469

The following communication from Reverend Pledger W. Parker and directed to the Speaker was received and read:

FIRST METHODIST CHURCH Statesboro, Georgia
Pledger W. Parker, Pastor
January 28, 1961
Honorable George L. Smith II Speaker, House of Representatives Georgia State Capitol Atlanta, Georgia
Dear Mr. Speaker:
Please receive and extend to the members of the House of Repre sentatives my sincere gratitude for the reverent attentiveness and cordial hospitality shown to me as Chaplain of the House during the past week. It was a privilege to serve in that capacity and a joy to be in your midst.
May God's richest blessings and guidance be with each of you in your personal lives and the great responsibility that is upon you. Lest you forget, I assure you that there are always those who undergird you with personal interest and earnest prayer.
Sincerely in His service,
Pledger W. Parker
The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following Bill of the House to wit:
HB 44. By Messrs. Brackin of Seminole, Busbee of Dougherty and others:
A Bill to amend an Act relating to the Game and Pish Commission and to game and fish so as to provide for a three-day State-wide non-resi dent fishing license; and for other purposes.
HB 45. By Messrs. Parker and Hodges of Ware and others:
A Bill to amend an Act revising, superseding and consolidating the laws relating to the State Game and Pish Commission relating to the acquisition of land; and for other purposes.

HB 109. By Mr. Hurst of Quitman:
A Bill to amend an Act known as the "Honesty in Government Act", so as to provide that certain provisions therein shall not apply to any member of the General Assembly who has been an officer or employee of the executive branch of the government for more than eighteen years; and for other purposes.

470

JOURNAL OP THE HOUSE,

HB 137. By Messrs. Smith of Emanuel, Twitty of Mitchell and others:
A Bill to repeal an Act relating to visiting committees of the legisla ture; to repeal an Act relating to inspection of property, institutions and resources of the State; and for other purposes.

HB 138. By Messrs. Smith of Emanuel, Twitty of Mitchell and others:
A Bill to repeal an Act relating to the Committee of the General Assem bly to visit institutions; and for other purposes.

HB 143. By Messrs. Morgan of Gwinnett, Underwood of Montgomery and others:
A Bill to amend an Act relating to the State Board of Corrections and to prisons, public works camps and prisoners, so as to provide for the establishment of guard lines at the various penitentiaries; and for other purposes.

HB 144. By Messrs. Morgan of Gwinnett, Underwood of Montgomery and others:
A Bill to amend an Act comprehensively and exhaustively revising, superseding and consolidating the laws relating to the State Board of Corrections and to prisons, public works camps and prisoners, approved Feb. 1956 (Ga. L. 1956, p. 161, et seq.), so as to provide that the State Board of Corrections may provide by rules and regulations for the reinstatement of a part of the statutory and extra good time allowance forfeited by the offenses of escape, attempt to escape, mutiny, sodomy, etc.; and for other purposes.

The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate agrees to House substitute on the following Bill of the Senate:

SB 6. By Senator Grayson of the 1st:
A Bill to amend Code Sec. 24-2602a of the Code of Georgia of 1933 as amended, entitled 'Eligibility for Appointment' by including in compu tation for retirement of Judges of Supreme Court time served as Judge of any Court of record from which an appeal may be taken to the Court of Appeals; repealing all laws in conflict thereof; and for other purposes.

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

SB 27. By Senator Gardner of the 47th:
A Bill to amend Code Section 81-1001, relating to the time and place for determining the sufficiency of pleadings, as amended, particularly

TUESDAY, JANUARY 31, 1961

471

by an Act approved Dec. 12, 1953 (Ga. Laws 1953, Nov.-Dec. Sess., p. 82), so as to remove certain provisions relating to the waiver of objec tions; to repeal conflicting laws; and for other purposes.

SB 31. By Senator Gardner of the 47th:
A Bill to permit the registration of securities, including, without limita tion, bonds, stocks, notes and other evidence of title to intangible per sonal property held by a corporate fiduciary; and for other purposes.

SB 55. By Senators Sanders of the 18th and Gardner of the 47th:
A Bill to clarify the procedure in garnishment in attachment case; amend Code Section 46-601; and for other purposes.

SB 57. By Senators Sanders of the 18th and Gardner of the 47th:
A Bill to provide for extensions of time for the filing of defensive plead ings by agreement of counsel; to repeal conflicting laws; and for other purposes.

SB 58. By Senators Sanders of the 18th and Gardner of the 47th:
A Bill to amend Code Section 24-2104, relating to when business may be transacted with the Ordinary, as amended by Acts approved Feb. 15, 1952 and March 25, 1958, and March 17, 1959, so as to redefine when business may be transacted with the Ordinary; to repeal conflicting laws; and for other purposes.

SB 60. By Senators Sanders of the 18th and Gardner of the 47th:
A Bill to clarify the procedure relating to attachment cases so as to make such procedure conform to that now or hereafter prevailing in ordinary civil cases as to appearance day, trial term, judgment pur suant to default, etc.; and for other purposes.

SB 64. By Senator Smalley of the 26th:
A Bill to amend an Act revising the adoption laws of Georgia, approved March 27, 1941, as amended, so as to provide for the rights and obli gations existing between an adopted child and the child's natural mother or father, who is the spouse of the adopting person; to repeal con flicting laws; and for other purposes.

SB 79. By Senator Brown of the 52nd:
A Bill to amend an Act relating to the Fulton County Civil Service Board, approved March 15, 1943 (Ga. Laws 1943, p. 971), as amended; and for other purposes.

SR 13. By Senator Smalley of the 26th:
A Resolution to relieve T. E. Vickery as security on a bond and for other purposes.
By unanimous consent, the following Resolutions of the House were read and adopted:

472

JOURNAL OF THE HOUSE,

HR 126. By Mr. Smith of Emanuel:
A RESOLUTION
Paying tribute to the Mayors and other Municipal Officials and employees; and for other purposes.
WHEREAS, there are approximately four hundred and twenty-five incorporated municipalities in the State of Georgia, and,
WHEREAS, these municipalities from day to day perform a multi tude of services for the citizens of our great State, and,
WHEREAS, these municipalities form the core of our industrial and commercial economy, and provide centers of cultural and recrea tional activity, and,
WHEREAS, these towns and cities perform many functions for the State, particularly the protection of life and property within their boundaries, and,
WHEREAS, the greatness of our municipalities is a reflection of the unselfish dedication and tireless efforts of the thousands of munici pal officials and employees who daily give of their time and talents to improve municipal government within our great State, and,
WHEREAS, His Excellency, Governor S. Ernest Vandiver, has proclaimed January 31, 1961 as "GEORGIA MAYOR'S DAY",
NOW, THEREFORE, BE IT RESOLVED by the General Assem bly of Georgia that this body join with the Governor and the citizens of Georgia on this Mayors' Day in honoring and paying tribute to our Mayors, and municipal officials and employees.

HR 131. By Mr. Smith of Emanuel:
A RESOLUTION
Expressing appreciation to Dr. Edwin D. Harrison, President, Georgia Institute of Technology; and for other purposes.
WHEREAS, the members of the General Assembly were guests of Dr. Edwin D. Harrison, President, Georgia Institute of Technology, on Monday evening January 30, 1961; and
WHEREAS, they were conducted on a most interesting tour of the campus of Georgia Tech and were entertained most delightfully at a most enjoyable buffet dinner; and
WHEREAS, the members were privileged to witness the defeat of the University of Kentucky by the Georgia Tech basketball team.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that sincerest appreciation is hereby ex pressed to Dr. Harrison and the faculty of Georgia Tech, and all others who played a part in the above affairs.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a copy of this Resolution to Dr. Harrison.

By unanimous consent, the following Bills and Resolutions of the Senate, were read the first time and referred to the committees:

TUESDAY, JANUARY 31, 1961

473

SR 13. By Senator Smalley of the 26th:
A Resolution to relieve T. E. Vickery as security on a bond; and for other purposes.
Referred to the Committee on Appropriations.

SB 27. By Senator Gardner of the 47th:
A Bill to be entitled an Act to amend Code Section 81-1001, relating to the time and place for determining the sufficiency of pleadings, as amended, so as to remove certain provisions relating to the waiver of objections; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.

SB 31. By Senator Gardner of the 47th:
A Bill to be entitled an Act to permit the registration of securities, including, without limitation, bonds, stocks, notes and other evidence of title to intangible personal property held by a corporate fiduciary; and for other purposes.
Referred to the Committee on Judiciary.

SB 55. By Senators Sanders of the 18th and Gardner of the 47th:
A Bill to be entitled an Act to clarify the procedure in garnishment and garnishment in attachment cases; amend Code Section 46-601; and for other purposes.
Referred to the Committee on Special Judiciary.

SB 57. By Senators Sanders of the 18th and Gardner of the 47th:
A Bill to be entitled an Act to provide for extensions of time for the filing of defensive pleadings by agreement of counsel; to repeal con flicting laws; and for other purposes.
Referred to the Committee on Judiciary.

SB 58. By Senators Sanders of the 18th and Gardner of the 47th:
A Bill to be entitled an Act to amend Code Section 24-2104, relating to when business may be transacted with the Ordinary, as amended by Acts, so as to redefine when business may be transacted with the Ordinary; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Special Judiciary.

SB 60. By Senators Sanders of the 18th and Gardner of the 47th:
A Bill to be entitled an Act to clarify the procedure relating to attach ment cases so as to make such procedure conform to that now or here after prevailing in ordinary civil cases as to appearance day, trial term, judgment pursuant to default, etc.; and for other purposes.
Referred to the Committee on Special Judiciary.

474

JOURNAL OP THE HOUSE,

SB 64. By Senator Smalley of the 26th:
A Bill to be entitled an Act to amend an Act revising the adoption laws of Georgia, approved March 27, 1941, as amended so as to provide for the rights and obligations existing between an adopted child and the child's normal mother or father, who is the spouse of the adopting person; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Special Judiciary.

SB 79. By Senator Brown of the 52nd:
A Bill to be entitled an Act to amend an Act relating to the Fulton County Civil Service Board, approved March 15, 1943 (Ga. Laws 1943, p. 971), as amended; and for other purposes.
Referred to the Committee on Local Affairs.

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

HB 227. By Messrs. Brown of Hart, Purcell of Franklin, Boggs of Madison and others:
A Bill providing compensation for the Judge of the Superior Court of the Northern Judicial Circuit, to provide for payment by the counties of said circuit, and for other purposes.

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

On the passage of the Bill, the ayes were 120, nays 0.

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

HB 256. By Mr. Murphy of Haralson: A Bill empowering the City of Bremen to grant franchises and rights of way in the public streets in the said city to utility corporations, and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 120, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 262. By Mr. Joiner of Washington:
A Bill creating the City Charter of Sandersville, so as to change the corporate limits of the City of Sandersville, and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

TUESDAY, JANUARY 31, 1961

475

On the passage of the Bill, the ayes were 120, nays 0.

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

HB 267. By Messrs. Kidd and Chandler of Baldwin:
A Bill creating a Board of Commissioners of Roads and Revenues for the County of Baldwin, so as to provide the elections for said board shall be conducted by the Ordinary of 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 120, nays 0.

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

HB 273. By Messrs. Dicus, Pickard and Wickham of Muscogee:
A Bill amending the Charter of the City of Columbus, and for other purposes.

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

On the passage of the Bill, the ayes were 120, nays 0.

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

HB 276. By Messrs. Dicus, Pickard and Wickham of Muscogee:
A Bill relating to certain public lands in the City of Columbus, and for other purposes.

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

On the passage of the Bill, the ayes were 120, nays 0.

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

HB 277. By Messrs. Hill and Nesmith of Meriwether:
A Bill creating a Board of County Commissioners for the County of Meriwether, so as to create districts from which the members of said board shall be elected to provide that one member from each such district shall be elected by the qualified voters in each district, and for other purposes.

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

476

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 278. By Messrs. NeSmith and Hill of Meriwether:
A Bill consolidating the offices of Tax-Receiver and Tax-Collector of Meriwether County, Georgia, and to create the office of Tax Commis sioner of Meriwether County, so as to change the compensation of said Tax Commissioner from a fee system to 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 120, nays 0.

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

HB 279. By Messrs. Hill and NeSmith of Meriwether:
A Bill amending section 92-5301 of the Code of Georgia of 1933, so as to provide that in certain counties if the tax collector or tax commis sioner is on a salary, the commissions provided for collecting certain taxes shall be paid to the county and shall be county funds, and for other purposes.

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

On the passage of the Bill, the ayes were 120, nays 0.

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

HB 280. By Messrs. NeSmith and Hill of Meriwether:
A Bill to place the compensation of the Sheriff, the Clerk of Superior Court, the Ordinary and the Coroner of Meriwether 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 120, nays 0.

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

HB 281. By Messrs. Hill and NeSmith of Meriwether:
A Bill abolishing the office of Treasurer of Meriwether County, to provide for depositories for the deposit of County funds, and for other purposes.

TUESDAY, JANUARY 31, 1961

477

The report 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 284. By Messrs. Kirkland of Tattnall, Strickland of Evans, Jones of Liberty and others:
A Bill placing the Solicitor-General of the Atlantic Judicial Circuit on a salary basis in lieu of a fee basis, so as to change the compensation of the Solicitor-General, and for other purposes.

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

On the passage of the Bill, the ayes were 120, nays 0.

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

HR 90-269. By Messrs. Wilson and Teague of Cobb:
A Resolution authorizing and directing the State Librarian to furnish certain law books for the Cobb Judicial Circuit, and for other purposes.

The report 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.

'

SB 40. By Senator Knox of the 54th:
A Bill amending, consolidating and superseding the Charter of the City of Hazlehurst and creating a new Charter therefor, so as to change the dates for the tax books to be kept open for making tax returns, and for other purposes.

The report 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 54. By Senator Dailey of the llth: A Bill relating to the creating of the Board of Commissioners of Roads and Revenues of Randolph County, so as to provide that the Commis sioners of Roads and Revenues of Randolph County shall be elected by all voters residing within the County, and for other purposes.

478

JOURNAL OF THE HOUSE,

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

On the passage of the Bill, the ayes were 120, nays 0.

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

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 38-73. By Mr. Duncan of Pannin: A Resolution compensating Jack W. Stewart, and for other purposes.

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

On the adoption of the Resolution, the ayes were 109, nays 0.

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

HR 43-99. By Messrs. Williams and Andrews of Hall:
A Resolution compensating Sam R. Dunlap for damages suffered to his station wagon as a result of a collision with a Georgia State Patrol car, and for other purposes.

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

On the adoption of the Resolution, the ayes were 103, nays 0.

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

HB 173. By Mr. Lewis of Burke:
A Bill relating to the distribution of the Acts of the General Assembly, so as to provide for the distribution by the State Librarian of said Acts to municipal attorneys or other officials of incorporated cities and towns 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 roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Adams

Akins Andrews of Stephens

Andrews of Hall Arnsdorff

TUESDAY, JANUARY 31, 1961

479

Ballard Barrett Baughman Black Bolton Bowen of Randolph Bozeman Brackin Brown Budd Busbee Bynum Caldwell Carswell Chance Chandler Clark of Catoosa Clarke of Monroe
Cocke Collins Conner Cox Crawford Crowe Culpepper Da vis Deen Dickey Dicus Dollar Duncan of Fannin Dunn Echols Fitzgerald Fleming Floyd Flynt Fordham Fuqua Greene Hall of Lee Harrell Henderson Hill

Horton Howard Hull Jernigan Johnson Joiner Jones of Liberty Jones of Worth Kidd Killingsworth Kirkland Knight of Laurens Knight of Berrien Lane Lanier Lewis Loggins Mackay Massee Matthews of Clarke McCracken McCutchen Melton Milhollin Miller Mixon Moore Moorman Morgan Morris Mullis Murphy Newton Odom Otwell Parker of Screven Parker of Ware Parker of Appling Farmer Payton Pelham Phillips of Walton Phillips of Bibb Poole

Potts Roberts Rodgers of Charlton Rogers of Paulding Rowland Sangster Scarborough Sheffield Shuman Simpson Sinclair Smith of Brantley Smith of Fulton Smith of Habersham Smith of Whitfield Steis Stevens Summers Tabb Taylor of Bibb Teague Thornton Todd Tucker Undercofler Underwood of
Montgomery Underwood of Taylor Vaughn Waldrop Walker of Lowndes Ware Watson Wells of Camden White Wickham Wilkes Williams of Coffee Williams of Hall Willingham Wilson Woodward Young

Those voting in the negative were Messrs.:

Fowler of Treutlen

McClelland

Pannell

Those not voting were Messrs.:

Barber Barnett of Wilkes Barnett of Baker Birdsong Blalock

Boggs Bowen of Toombs Boyett Branch Brooks of Oglethorpe

Brooks of Fulton Cloer Coker Dorminy Doster

480

JOURNAL OP THE HOUSE,

Duncan of Carroll Flexer Fowler of Douglas Funk Hale Hall of Floyd Hodges Hurst Jones of Lumpkin James of Sumter Jordan Keadle Kelly Keyton Killian Kimmons King

Lee Lokey Lovett Lowrey Matthews of Colquitt McDonald McGarity Moate Moss NeSmith Paris Phillips of Columbia Pickard Raulerson Ray Roper Ross

Rutland Scoggin Simmons Singer Smith of Grady Story Strickland Stuckey Tamplin Taylor of Dawson Taylor of Decatur Twitty Walker of Telfair Wells of Peach Wells of Oconee Mr. Speaker

On the passage of the Bill, the ayes were 137, nays 3.

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

HB 297. By Messrs. Ray of Warren, Undercofler of Sumter. Twitty of Mitchell, and many others:
A Bill amending Chapter 40-4 of the Code of Georgia relating to the Budget Bureau and its duties by striking the same in its entirety and substituting in lieu thereof a new Chapter 40-4, and for other purposes.
The following amendment was read and adopted:
Mr. Undercofler of Sumter moves to amend HB 297 by inserting in the title thereof after the words "to provide for appeals to the Finance Commission," the words "to prohibit the arbitrary discharge of State employees; to provide a procedure for the removal of State employees hereunder and procedures connected therewith," and by in serting in Section 1, after the quoted Code Section 40-420, the following:
"40-421. Neither the Governor in his official capacity nor the Finance Commission nor the Budget Bureau shall have the power to arbitrarily strike the name of any individual employed by the State from a requisition for allotment of funds or from the budget of any department or agency of the State Government; Provided, however, that upon information being received that any individual employed by the State or any department or agency thereof is guilty or is alleged to be guilty of irregularities, misconduct, mal practice, malfeasance, misfeasance, incompetence, incapability or inefficiency in the conduct of his or her official duties, the de partment head employing said person shall be notified of such charges and if the department or agency head takes the position that the charges are unfounded and fails or refuses to discharge the individual against whom the complaint is lodged, it shall be the duty of the Governor to hear the complaint and if, in his opin ion, the facts sustain the truth of the accusation, the said individual shall stand discharged from State service. Should the department head employing the said person and the individual so discharged be

TUESDAY, JANUARY 31, 1961

481

aggrieved by the action of the Governor, he shall have a right of appeal by filing with the Governor a written notice of dissatisfac tion and requesting that an appeal be entered in the matter. The Governor shall at the next meeting of the Finance Commission or the Budget Bureau as herein provided, submit the matter to the Finance Commission or the Budget Bureau which shall hear the appeal under such rules, regulations and procedure as it may be prescribed. The findings of a majority of the membership of the Finance Commission or the Budget Bureau upon the question of whether or not the aggrieved person shall be employed shall be final and said findings shall be filed in writing with the depart ment head, the person discharged and with the State Auditor. Nothing in this section shall affect the tenure of office of the elected officials of this State nor shall it affect the tenure of office of appointed officials of this State who have been confirmed by the Senate as required by law."

The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.

On the passage of the Bill, as amended, the ayes were 121, nays 0.

The Bill, having received the requisite constitutional majority, was passed, as amended.

Mr. Underwood of Montgomery moved that the House do now adjourn until 10:00 tomorrow morning and the motion prevailed.

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

482

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia Wednesday, February 1, 1961
The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker.
Prayer was offered by the Chaplain.
By unanimous consent the call of the roll was dispensed with.
Mr. Black of Webster, Chairman of the Committee on Auditing, Enrolling, Engrossing and Journals reported that the Journal of the previous legislative day 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 uncontested bills. 6. First reading and reference of Senate Bills and Resolutions.

Representative-elect W. H. Kimmons of Pierce was unable to take the oath of office until this date because of serious illness.

Mr. Kimmons appeared at the Bar of the House and was administered the oath by Judge John E. Frankum, Court of Appeals of Georgia.

The Speaker presented Mr. Kimmons to his new colleagues.

Mr. Kimmons of Pierce arose to a Point of Personal Privilege and addressed the members of the House.

The following report of the Committee on Rules was read and adopted:

Wednesday, February 1, 1961

Mr. Speaker:

Your Committee on Rules met and fixed the calendar for today's business, Wednesday, February 1, 1961, and submits the following:

1. HB 36

Housing Authority Board, abolish

WEDNESDAY, FEBRUARY 1, 1961

483

2. HB 53

Automobile Title Law

3. HR 46-113

Designate bridge, Russell

;'

4. HB 150

Witnesses to wills, testimony

5. HR 82-249 Designate bridge, Decatur County

6. HR 87-269 Designate Vandiver Bridge

7. HB 178

Definition of big game

8. HB 265

Courts of Ordinary, legal holiday

9. HB 266

Justice of Peace Court, legal holiday .

10. HB 316

Collection Agencies, licensing

11. HR 111-297 Appropriation Control, amendment

The Speaker shall have the right to call the above Bills and Reso lutions in any order which he may desire.
Respectfully submitted,
Twitty of Mitchell, Vice-Chairman Undercofler of Sumter, Secretary

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

HB 360. By Mr. Steis of Harris:
A Bill to be entitled an Act to amend an Act entitled the "Georgia Post Mortem Examination Act", so as to provide for certain exceptions from the application of this Act; to provide for the taking of a blood sample for analytical purposes from certain persons under certain conditions upon the request of a peace officer; and for other purposes.
Referred to the Committee on Defense and Veterans Affairs.

HB 361. By Mr. Clarke of Monroe:
A Bill to be entitled an Act to amend an Act relating to the incorpora tion of the City of Forsyth; to provide for a change in the distance from the corporate limits of the City of Forsyth over which said city shall have authority to construct, maintain and operate water lines; and for other purposes.
Referred to the Committee on Local Affairs.

HB 362. By Mr. Arnsdorff of Effingham:
A Bill to be entitled an Act to provide for an increase in the salary of the Judge of the City Court of Springfield; and for other purposes.
Referred to the Committee on Local Affairs.

484

JOURNAL OP THE HOUSE,

HB 363. By Mr. Arnsdorff of Effingham:
A Bill to be entitled an Act to fix the terms of the City Court of Springfield; to provide for pleadings and practice therein; and for other purposes.
Referred to the Committee on Local Affairs.

HB 364. By Mr. Brooks of Fulton:
A Bill to be entitled an Act to amend an Act to establish a new charter for the City of Atlanta relating to an annual ad valorem tax for the support of public schools and for other educational purposes; and for other purposes.
Referred to the Committee on Local Affairs.

HB 365. By Mr. Jones of Lumpkin:
A Bill to be entitled an Act to amend an Act creating a new charter ior the City of Dahlonega, and for other purposes.
Referred to the Committee on Local Affairs.

HB 366. By Mr. Wells of Oconee:
A Bill to be entitled an Act to amend an Act placing the solicitor general of the Western Judicial Circuit on a salary basis, and for other purposes.
Referred to the Committee on Local Affairs.
HB 367. By Mr. Wells of Oconee:
A Bill to be entitled an Act to amend an Act incorporating the Town of Bogart in Oconee County, so as to change the tax millage of such Town, and for other purposes.
Referred to the Committee on Local Affairs.
HB 368. 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, so as to increase the city limits, and for other purposes.
Referred to the Committee on Local Affairs.

HB 369. By Mr. Black of Webster:
A Bill to be entitled an Act to amend 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.

WEDNESDAY, FEBRUARY 1, 1961

485

HB 370. By Mr. Black of Webster:
A Bill to be entitled an Act to provide for the salary of the Commis sioner of Roads and Revenue in certain counties, and for other purposes.
Referred to the Committee on Local Affairs.

HB 371. By Mr. Black of Webster:
A Bill to be entitled an Act to amend an Act to provide the Sheriff of certain counties with a supplemental salary; and for other purposes.
Referred to the Committee on Local Affairs.

HB 372. By Messrs. Duncan and Waldrop of Carroll:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Carrollton, by creating the office of "City Supervisor", and for other purposes.
Referred to the Committee on Local Affairs.

HB 373. By Messrs. Lovett and Knight of Laurens:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Dublin, relating to indebtedness in behalf of the City of Dublin, and for other purposes.
Referred to the Committee on Local Affairs.

HB 374. 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.
Referred to the Committee on Local Affairs.

HB 375. By Messrs. Lovett and Knight of Laurens:
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 Laurens, and for other purposes.
Referred to the Committee on Local Affairs.

HB 376. By Messrs. Parker of Ware and Stuckey of Dodge:
A Bill to be entitled an Act to amend an Act known as the "Unemploy ment Compensation Law", so as to provide that the rate table for employers with deficit reserve accounts shall not apply to canners and processors of agricultural products, and for other purposes.
Referred to the Committee on Industrial Relations.

HB 377. By Messrs. Twitty of Mitchell and Smith of Emanuel:
A Bill to be entitled an Act to amend an Act known as the "State Office Building Authority Act", so as to clarify the definition of the

486

JOURNAL OF THE HOUSE,

word "project"; to clarify the definition of the word "self-liquidating", and for other purposes.
Referred to the Committee on State of Republic.
HB 378. By Messrs. Raulerson of Echols, Black of Webster, Rodgers of Charlton, Deen of Bacon, Adams of Polk and others:
A Bill to be entitled an Act to provide a minimum work day and week for State Highway Maintenance crews; and for other purposes.
Referred to the Committee on State of Republic.
HB 379. By Mr. Arnsdorff of Effingham:
A Bill to be entitled an Act to amend an Act relating to the creation of the Office of County Treasurer for Effingham County; and for other purposes.
Referred to the Committee on Local Affairs.

HB 380. By Messrs. Crawford of Chatham and Jones of Liberty:
A Bill to be entitled an Act to amend an Act entitled the "Georgia Industrial Loan Act", so as to remove therefrom the provision that licenses may accept as security on any loan or advance made under the provisions of this Act a life, health and/or accident insurance policy; and for other purposes.
Referred to the Committee on Industry.
HB 381. By Mr. Brooks of Pulton:
A Bill to be entitled an Act to amend an Act to provide in Fulton County a system of pension and retirement pay to teachers and em ployees of the Board of Education of Fulton County and relating to the Federal O.A.S.I. Program, and for other purposes.
Referred to the Committee on Local Affairs.
HB 382. By Mr. Sheffield of Brooks:
A Bill to be entitled an Act to amend and clarify Act providing for a salary system in lieu of a fee system for the Solicitor-General of the Southern Judicial Circuit; and for other purposes.
Referred to the Committee on Local Affairs.
HB 383. By Messrs. Payton and Potts of Coweta: A Bill to be entitled an Act to amend an Act creating a new charter for the City of Newnan relating to the closing of Goodrum Place, and for other purposes.
Referred to the Committee on Local Affairs.
HR 127-383. By Mr. Caldwell of Upson: A Resolution to relieve Wallace Pryor as surety; and for other pur poses.
Referred to the Committee on Appropriations.

WEDNESDAY, FEBRUARY 1, 1961

487

HR 128-383. By Mr. Shuman of Bryan:
A Resolution authorizing an appropriation to the Georgia Historical Commission for the purpose of restoring Fort McAllister in Bryan County; and for other purposes.
Referred to the Committee on Appropriations.
HR 129-383. By Mr. Sheffield of Brooks:
A Resolution to compensate Reverend E. K. Rice, and for other pur poses. (State Highway Dept.)
Referred to the Committee on Appropriations.
HR 130-383. By Messrs. Phillips, Taylor and Thornton of Bibb:
A Resolution proposing an amendment to the Constitution so as to authorize the governing authority of Bibb County to assess and collect license fees and taxes, both or either, from all persons, firms and corporations conducting business in any area of Bibb County outside the incorporated limits of municipalities; and for other purposes.
Referred to the Committee on Local Affairs.

HB 384. By Mr. NeSmith of Meriwether:
A Bill to be entitled an Act to prohibit any person, firm or corporation, operating trucks or other vehicles engaged in hauling or carrying any type of gravel, crushed rock or stone, or any mixture containing the same, on the public roads of this State, without having taken such protective measures to prevent the spilling or discharge of such mix ture therefrom; and for other purposes.
Referred to the Committee on Highways.
HB 385. By Messrs. Fleming, Fuqua and Hull of Richmond:
A Bill to be entitled an Act to repeal an Act entitled "An Act to in corporate the village of Nellieville", relating to the Commissioners, and for other purposes.
Referred to the Committee on Local Affairs.

HB 386. By Mr. Phillips of Bibb:
A Bill to be entitled an Act to amend an Act creating and establishing a Board of Funeral Service, so as to change the definition of an "apprentice"; to change the definition of the words "Funeral Director", and for other purposes.
Referred to the Committee on Special Judiciary.

HB 387. By Mr. Twitty of Mitchell:
A Bill to be entitled an Act to amend an Act creating the Ordinaries' Retirement Fund of Georgia; and for other purposes.
Referred to the Committee on State of Republic.

488

JOURNAL OF THE HOUSE,

HB 388. By Messrs. Poole of Pickens, McCutchen of Gilmer, Young of Turner, Duncan of Fannin, McDonald of White, Walker of Telfair and Akins of Union:
A Bill to be entitled an Act to provide that before any motor vehicle is registered or a license issued therefor, the Revenue Commissioner shall require a certificate of insurance to be filed in his office showing that said vehicle is covered by a motor vehicle liability insurance policy; and for other purposes.
Referred to the Committee on Motor Vehicles.

HB 389. By Mr. Barber of Jackson:
A Bill to be entitled an Act to validate and declare legal the creation and establishment of housing authorities, all bonds, contracts, agree ments, notes, obligations and undertakings of said housing authorities and all proceedings, acts and things heretofore undertaken, performed or done with reference thereto, and to declare said housing authorities bodies corporate and politic; and for other purposes.
Referred to the Committee on State of Republic.

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

HB 328. By Messrs. McClelland, Brooks and Smith of Fulton:
A Bill to be entitled an Act to amend an Act to include therein non profit professional societies, whether incorporated or unincorporated, whose purposes are to promote and advance the study and practice of such profession and for other purposes.

HB 329. By Mr. Simpson of Wheeler:
A Bill to be entitled an Act to provide for a change in the compensa tion of the Commissioner of Roads and Revenues of Wheeler County, and for other purposes.

HB 330. By Messrs. Hodges and Parker of Ware:
A Bill to be entitled an Act to amend an Act amending the charter of the City of Waycross, and creating a Board of Tax Assessors, and for other purposes.

HB 331. By Mr. Vaughn of Rockdale:
A Bill to be entitled an Act to increase the compensation of the Com missioner of Roads and Revenue of Rockdale County, and for other purposes.

HB 332. By Mr. Vaughn of Rockdale:
A Bill to be entitled an Act to change the compensation of the Sheriff of Rockdale County from the fee system to the salary system, and for other purposes.

WEDNESDAY, PEBEUARY 1, 1961

489

HB 333. By Mr. Vaughn of Rockdale:
A Bill to be entitled an Act to place the Ordinary of Rockdale County on a salary basis in lieu of a fee basis; and for other purposes.

HR 113-333. By Messrs. Floyd of Chattooga, Phillips of Bibb and Underwood of Taylor:
A Resolution proposing an amendment to the Constitution so as to provide that any county, municipality, county school system, inde pendent school system, school system established prior to the adoption of the Constitution of 1877, public corporation or subdivision may in vest and reinvest sinking funds in certain bonds and obligations and in certain building and loan associations and savings and loan associa tions; and for other purposes.

HR 114-333. By Messrs. Floyd of Chattooga, Phillips of Bibb, Underwood of Taylor.
A Resolution proposing an amendment to the Constitution so as to provide that no county, municipal corporation, county school system, independent school system, school system established prior to the adop tion of the Constitution of 1877, public corporation or any other political division or subdivision of this State shall be prevented from investing and reinvesting its funds in certain building and loan asso ciations and savings and loan associations; and for other purposes.

HB 334. By Messrs. Raulerson of Echols, Hurst of Quitman and Fitzgerald of Long:
A Bill to be entitled an Act to provide for the appointment of jury commissioners in counties of 4,200 population and less, and for other purposes.

HB 335. By Mr. Andrews of Stephens:
A Bill to be entitled an Act to amend an Act to incorporate the City of Toccoa, providing for the hours of voting and the disposition of the ballots after election; and for other purposes.
HB 336. By Messrs. Baughman of Early, Nesmith of Meriwether, Hall of Lee, Sinclair of Macon, Cocke of Terrell and others:
A Bill to be entitled an Act to amend the Georgia Insurance Code of 1960 so as to provide that insurers may invest in Revenue Bonds issued by any political subdivision, authority, unit, or other corporate body created by the U. S. Government or the government of any State for the purpose of aiding in or promoting the industrial development of such State or Political Subdivision; and for other purposes.
HB 337. By Mr. Parker of Screven:
A Bill to be entitled an Act to amend an Act creating the City Court of Sylvania, so as to change the provisions relating to the salaries of the Judge and Solicitor of said Court, and for other purposes.

490

JOURNAL OF THE HOUSE,

HB 338. By Mr. Parker of Screven:
A Bill to be entitled an Act to provide that in all counties having a population of not less than 14,560 nor more than 15,200, the Court of Ordinary shall have authority to issue warrants in misdemeanor traffic violations; and for other purposes.

HB 339. By Mr. Walker of Lowndes:
A Bill to be entitled an Act to provide a procedure for the annexation of territory by municipalities located in counties having a certain population; and for other purposes.

HB 340. By Messrs. Smith of Emanuel and Twitty of Mitchell:
A Bill to be entitled an Act to amend an Act known as the Aid to the Blind Act, relating to the assistance to which a recipient of assistance under this Act is entitled, and for other purposes.

HB 341. By Messrs. Smith of Emanuel and Twitty of Mitchell:
A Bill to be entitled an Act to amend an Act known as the Aid to the Disabled Act, to provide for a physical examination of applicant for assistance under this Act, and for other purposes.

HB 342. By Messrs. Morris and Branch of Tift:
A Bill to be entitled an Act to amend an Act to incorporate the town of Ty Ty, and for other purposes.

HB 343. By Messrs. Lovett and Knight of Laurens, Kidd and Chandler of Baldwin:
A Bill to be entitled an Act to authorize the Department of Health to accept legal title to certain property; and for other purposes.

HB 344. By Messrs. Bolton of Spalding, Brooks of Fulton and Howard of DeKalb:
A Bill to be entitled an Act to provide that a married female eighteen years of age may execute notes, loan deeds, deeds to secure debt, for the purpose of borrowing money on real estate in order to acquire a residence; and for other purposes.

HB 345. By Mr. Dicus of Muscogee and Mr. Hurst of Quitman:
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 for a special retail license; and for other purposes.

HB 346. By Mr. Parker of Appling:
A Bill to be entitled an Act to change the Compensation of members of the Board of Commissioners of Roads and Revenues of Appling County, and for other purposes.

WEDNESDAY, FEBRUARY 1, 1961

491

HB 347. By Messrs. Puqua and Hull of Richmond:
A Bill to be entitled an Act to repeal an Act relating to bad checks; and for other purposes.

HB 348. By Mr. Fuqua of Richmond:
A Bill to be entitled an Act to insure the collection of taxes from non-residents engaging in the business of contracting in this State; to provide for the registration of non-resident contractors; to provide for the filing of a bond and a consent to service of process; and for other purposes.

HR 123-348. By Messrs. Dickey, Funk and Crawford of Chatham:
A Resolution authorizing and directing the State Librarian to furnish certain law books for the Eastern Judicial Circuit; and for other pur poses.

HR 124-348. By Mr. Coker of Walker:
A Resolution to compensate E. A. Lunceford of Walker County, and for other purposes. (State Highway Dept.)

HR 125-348. By Mr. Coker of Walker:
A Resolution to compensate Mrs. J. C. Tucker of Kensington, Ga., and for other purposes. (State Highway Dept.)
HB 349. By Mr. Raulerson of Echols:
A Bill to be entitled an Act to amend an Act prohibiting contributions to campaign funds or for political purposes by corporations and pro viding punishment therefor, so as to make said Act applicable to labor organizations and their officers; and for other purposes.
HB 350. By Messrs. Coker and Abney of Walker:
A Bill to be entitled an Act to amend an Act to create the office of Commissioner of Roads and Revenues for the County of Walker, pro viding for a "County Attorney", and for other purposes.
HB 351. By Mr. Rowland of Johnson:
A Bill to be entitled an Act to amend an Act to provide that in certain counties, the Board of County Commissioners shall have the power and authority to pay out of county funds a monthly expense allowance of $100.00 to the Sheriffs of said county to be used to mitigate ex penses incurred by said sheriffs in connection with official duties, and for other purposes.
HB 352. By Mr. Rowland of Johnson:
A Bill to be entitled an Act to amend an Act providing that the tax receiver in certain counties shall be paid from ad valorem school tax collected for the County Board of Education a commission of one and one-half percent of the net amount collected by the county tax collector, and for other purposes.

492

JOURNAL OF THE HOUSE,

HB 353. By Mr. Rowland of Johnson:
A Bill to be entitled an Act to amend an Act providing that the tax collector in certain counties shall be paid from ad valorem school taxes collected for the county board of Education a commission of three and one-half percent of the net amount collected by him, and for other purposes.

HB 354. By Mr. Rowland of Johnson:
A Bill to be entitled an Act providing that in certain counties the tax collectors shall be entitled to a commission of 10% on all collections in excess of 80% of the total taxes due; and for other purposes.

HB 355. By Messrs. Bolton and Melton of Spalding:
A Bill to be entitled an Act to amend an Act authorizing the Commis sioners of Roads and Revenues of Spalding County designate a banking institution as a depository of county funds, so as to change the maxi mum amount of annual compensation that said Commissioner of Roads and Revenues shall be authorized to pay the county depository by agreement with the depository; and for other purposes.

HB 356. By Mr. Bolton of Spalding:
A Bill to be entitled an Act to amend an Act establishing the City Court of Griffin, and for other purposes.

HB 357. By Mr. Bolton of Spalding:
A Bill to be entitled an Act to amend an Act authorizing and fixing the salaries and compensation of the Commissioners of Roads and Revenues of Spalding County, and for other purposes.

HB 358. By Mr. Story of Gwinnett:
A Bill to be entitled an Act to amend an Act relating to the delivery of worthless checks, so as to clarify said check; to provide certain rules of evidence and presumptions in civil actions arising out of arrest or prosecution hereunder; and for other purposes.

HB 359. By Messrs. Killian and Plexer of Glynn, Thornton and Taylor of Bibb, Pickard of Muscogee, Mackay of DeKalb, Fleming of Richmond and many others:
A Bill to be entitled an Act to amend an Act regulating the prepara tion, contents, and recording of maps or plats of survey of tracks or bodies of land, so as to provide that certain counties shall come under the operation of said Act; and for other purposes.

SR 13. By Senator Smalley of the 26th:
A Resolution to relieve T. E. Vickery as security on a bond; and for other purposes.

WEDNESDAY, FEBRUARY 1, 1961

493

SB 27. By Senator Gardner of the 47th:
A Bill to be entitled an Act to amend Code Section 81-1001, relating to the time and place for determining the sufficiency of pleadings, as amended, so as to remove certain provisions relating to the waiver of objections; to repeal conflicting laws; and for other purposes.

SB 31. By Senator Gardner of the 47th:
A Bill to be entitled an Act to permit the registration of securities, including, without limitation, bonds, stocks, notes and other evidence of title to intangible personal property held by a corporate fiduciary; and for other purposes.

SB 55. By Senators Sanders of the 18th and Gardner of the 47th:
A Bill to be entitled an Act to clarify the procedure in garnishment and garnishment in attachment cases; amend Code Section 46-601; and for other purposes.

SB 57. By Senators Sanders of the 18th and Gardner of the 47th:
A Bill to be entitled an Act to provide for extensions of time for the filing of defensive pleadings by agreement of counsel; to repeal con flicting laws; and for other purposes.

SB 58. By Senators Sanders of the 18th and Gardner of the 47th:
A Bill to be entitled an Act to amend Code Section 24-2104, relating to when business may be transacted with the Ordinary as amended by Acts, so as to redefine when business may be transacted with the Ordi nary; to repeal conflicting laws; and for other purposes.
SB 60. By Senators Sanders of the 18th and Gardner of the 47th:
A Bill to be entitled an Act to clarify the procedure relating to at tachment cases so as to make such procedure conform to that now or hereafter prevailing in ordinary civil cases as to appearance day, trial term, judgment pursuant to default, etc.; and for other purposes.

SB 64. By Senator Smalley of the 26th:
A Bill to be entitled an Act to amend an Act revising the adoption laws of Georgia, approved March 27, 1941, as amended so as to provide for the rights and obligations existing between an adopted child and the child's natural mother or father, who is the spouse of the adopting person; to repeal conflicting laws; and for other purposes.

SB 79. By Senator Brown of the 52nd:
A Bill to be entitled an Act to amend an Act relating to the Fulton County Civil Service Board, approved March 15, 1943 (Ga. Laws 1943, p. 971), as amended; and for other purposes.

494

JOURNAL OP THE HOUSE,

Mr. Hall of Floyd County, Chairman of the Committee on Education, sub mitted the following report:
Mr. Speaker:
Your Committee on Education 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:
HB 22. Do Pass.
HB 263. Do Pass.
SR 16. Do Pass.
Respectfully submitted,
Hall of Ployd, Chairman.

Mr. Hall of Floyd County, Chairman of the Committee on Education, sub mitted the following report:
Mr. Speaker:
Your Committee on Education 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 62. Do Pass.
Respectfully submitted,
Hall of Floyd, Chairman.

Mr. Underwood of Montgomery 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 264. Do Pass by Substitute.
HB 288. Do Pass.
HB 295. Do Pass.
HB 298. Do Pass.
HB 299. Do Pass.
HB 300. Do Pass.
HB 301. Do Pass.
HB 302. Do Pass.
HB 303. Do Pass.
HB 304. Do Pass.

WEDNESDAY, FEBRUARY 1, 1961

495

HB 305. Do Pass. HB 306. Do Pass. HB 307. Do Pass. HB 308. Do Pass. HB 309. Do Pass. HB 310. Do Pass. HB 311. Do Pass. HB 312. Do Pass. HB 313. Do Pass. HB 314. Do Pass. HB 315. Do Pass. HB 319. Do Pass. HB 320. Do Pass.

Respectfully submitted,
Underwood of Montgomery, Chairman.

Mr. Bolton of Spalding 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 has instructed me as Chairman, to report the same back to the House with the following recommendations:
HR 60-151. Do Pass.
HB 211. Do Pass.
HB 246. Do Pass.
HB 247. Do Pass.
Respectfully submitted,
Bolton of Spalding, Chairman.

Mr. McCracken of Jefferson County, Chairman of the Committee on State of Republic, submitted the following report:
Mr. Speaker:
Your Committee on State of Republic has had under consideration the follow ing Bills of the House and has instructed me, as Chairman, to report the same back to the House with the following recommendations:
HB 334. Do Pass.
HB 292. Do Pass.

496

JOURNAL OF THE HOUSE,

HB 293. Do Pass. HB 294. Do Pass. HB 156. Do Pass. HB 340. Do Pass.

Respectfully submitted,
McCracken of Jefferson, Chairman.

Mr. Dicus of Muscogee County, Chairman of the Committee on Temperance, submitted the following report:
Mr. Speaker:
Your Committee on Temperance has had under consideration the following Bill of the House and has instructed me, as Chairman, to report the same hack to the House with the following recommendation:
HB 345. Do Pass.
Respectfully submitted,
Dicus of Muscogee, Chairman.

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

HB 119. By Messrs. Matthews and Cox of Clarke:
A Bill authorizing the governing authority of Clarke County to establish districts for the purpose of building and operating storm sewers and street lights and a system of garbage collection within said city; and for other purposes.

HB 190. By Mr. Steis of Harris: A Bill to create and incorporate the City of Shiloh, in Harris County, and to grant a charter to that municipality under the name and style; to provide a municipal government for 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 Resolution of the House, to wit:
HB 92. By Mr. Jernigan of Clinch:
A Bill to amend an Act to provide that the Tax Receiver in counties

WEDNESDAY, FEBRUARY 1, 1961

497

having a population of not less than 5,975 and not more than 6,500, shall be paid from ad valorem school tax collected for the county Board of Education a commission of two and one-half percent of the net amount collected by the county tax collector; and for other purposes.

HB 135. By Mr. Davis of Wayne:
A Bill to amend an Act creating a new charter for the City of Jesup, so as to extend the corporate limits; and for other purposes.

HB 141. By Messrs. Willingham, Teague and Wilson of Cobb:
A Bill to amend an Act creating the Cobb Judicial Circuit, approved Feb. 19, 1951 (Ga. Laws 1951, p. 184), as amended, so as to change the terms of Court of the Superior Court of Cobb County; to provide an effective date; to repeal conflicting laws; and for other purposes.

HB 148. By Mr. Murphy of Haralsoni
A Bill to amend an Act creating a Board of Commissioners of Roads and Revenues for Haralson County; and for other purposes.

HB 157. By Messrs. Boggs of Madison, Matthews and Cox of Clarke:
A Bill to provide the Mayor and Council of the Town of Hull with au thority to grant franchises and licenses in said Town; and for other pur poses.

HB 161. By Messrs. McClelland, Smith and Brooks of Fulton:
A Bill to amend an Act to establish the Criminal Court of Atlanta, so as to increase the number of assistant solicitors-general in the Criminal Court of Fulton County from three to four; and for other purposes.

HB 167. By Messrs. Adams and Moore of Polk:
A Bill to provide the extension of the corporate limits of the City of Rockmart; and for other purposes.

HB 176. By Mr. Otwell of Forsyth:
A Bill to provide that the Ordinary of Forsyth County shall receive $100.00 per month in addition to fees; and for other purposes.

HB 177. By Mr. Otwell of Forsyth:
A Bill to amend an Act creating a Board of Commissioners of Roads and Revenues for Forsyth County; and for other purposes.

HB 179. By Mr. Hall of Lee:
A Bill to provide that in all counties having a population of not less than 6,200 and not more than 6,220, the Ordinary shall be eligible to be ap pointed to fill a vacancy in the office of Judge of said court until a suc cessor is elected at a general election and qualified; and for other pur poses.

498

JOURNAL OF THE HOUSE,

HB 180. By Mr. Watson of Houston:
A Bill to repeal an Act entitled "Houston Tax Receiver"; and for other purposes.

HB 184. By Messrs. Hodges and Parker of Ware:
A Bill to amend an Act to provide and establish a new charter for the City of Waycross, relating to Insurance for employees of the City of Waycross; and for other purposes.

HB 191. By Messrs. Phillips, Taylor and Thornton of Bibb:
A Bill to amend an Act relating to additional duties of the Clerks of the Superior Courts, so as to define the term "Grantor"; and for other pur poses.

HR 57-151. By Mr. Paris of Barrow:
A Resolution authorizing and directing the State Librarian to furnish certain books to the County Commissioners of Barrow County for the use of the Judge of the Superior 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 following Bills and Resolution of the Senate, to wit:

SB 87. By Senator Staples of the 37th:
A Bill to amend an Act creating the Office of Tax Commissioner of Carroll County, approved July 28, 1931 (Ga. Laws 1931, p. 405), as amended, particularly by an Act approved March 17, 1956 (Ga. Laws 1956, p. 3504), so as to provide for a change in the yearly salary of the Tax Commissioner; to repeal conflicting laws; and for other purposes.

SR 35. By Senators Knox of the 54th and Grayson of the 1st:
A Resolution paying tribute to the Mayors and other Municipal Officials and employees; and for other purposes.

SB 17. By Senators Sanders of the 18th and Jones of the 23rd and others: A Bill to provide a salary scale for Sheriffs; and for other purposes.
SB 70. By Senator Gardner of the 47th: A Bill to clarify, simplify and conform the procedure in certiorari pro ceedings to that prevailing in ordinary civil cases as to appearance day; and for other purposes.
SB 41. By Senators Whisnant of the 25th, Jackson of the 24th and Knox of the 54th: A Bill to amend an Act authorizing the chartering of corporations, so as

WEDNESDAY, FEBRUARY 1, 1961

499

to provide the procedure to be followed in preparing instruments which convey an interest in real property by corporations within this State; and for other purposes.

SB 52. By Senator Sanders of the 18th:
A Bill to amend an Act known as "The Old Age Assistance Act," ap proved Feb. 26, 1937 (Ga. Laws 1937, p. 311), as amended, so as to change the definition of "Assistance" under this Act; to repeal conflict ing laws; and for other purposes.

SB 56. By Senators Sanders of the 18th and Gardner of the 47th:
A Bill to amend an Act revising the laws of Georgia relating to dis covery, disposition and interrogatories approved March 25, 1959 (Ga. Laws 1959, Vol. I, p. 425), so as to define the method of service of no tices, orders, subpoenas and other papers; and for other purposes.

SB 74. By Senator Braly of the 38th:
A Bill to amend an Act entitled "An Act to authorize the State Board of Health to make and promulgate reasonable rules and regulations for the protection of the health and lives of inmates and patients of hos pitals, so as to require certain procedures when a hospital has on its staff a Doctor of Osteopathy; and for other purposes.
SB 76. By Senators White of the 39th and Brown of the 52nd:
A Bill to require every person licensed to practice chiropractic, podiatry (chiropody), dentistry, medicine and surgery, optometry, and osteopathy under the provisions of Title 84 of the Georgia Code to display his li cense ; and for other purposes.
SB 59. By Senators Sanders of the 18th and Gardner of the 47th:
A Bill to amend Code Sec. 110-401 of the Code, as amended by Acts approved Feb. 1, 1946 (Ga. Laws 1946, pp. 761, 777), and Feb. 15, 1952 (Ga. Laws 1952, p. 195), and Dec. 22, 1953 (Ga. Laws 1953, Nov.-Dec. Sess., pp. 440-451), relating to judgments by default, so as to redefine the situations in which damages must be established; to repeal conflict ing laws; and for other purposes.
By unanimous consent, the following Bills and Resolution of the Senate were read the first time and referred to the Committees:
SB 17. By Senators Sanders of the 18th, Jones of the 23rd, Kelly of the 35th, Towson of the 16th and Gardner of the 47th:
A Bill to be entitled an Act to provide a salary scale for Sheriffs; and for other purposes.
Referred to the Committee on State of Republic.
SB 41. By Senators Whisnant of the 25th, Jackson of the 24th and Knox of the 54th:
A Bill to be entitled an Act to amend an Act authorizing the chartering of corporations, so as to provide the procedure to be followed in prepar-

500

JOURNAL OP THE HOUSE,

ing instruments which convey an interest in real property by corpora tions within in State; and for other purposes.
Referred to the Committee on Judiciary.

SB 52. By Senator Sanders of the 18th:
A Bill to be entitled an Act to amend an Act, known as "The Old Age Assistance Act," as amended, so as to change the definition of "Assist ance" under this Act; and for other purposes.
Referred to the Committee on Welfare.

SB 56. By Senators Sanders of the 18th and Gardner of the 47th:
A Bill to be entitled an Act to amend an Act revising the laws of Georgia relating to discovery, dispositions and interrogatories so as to define the method of service of notices, orders, subpoenas and other papers; and for other purposes.
Referred to the Committee on Judiciary.

SB 59. By Senators Sanders of the 18th and Gardner of the 47th:
A Bill to be entitled an Act to amend Code Sec. 110-401 of the Code, as amended, relating to judgments by default, so as to redefine the situa tions in which damages must be established . . .; and for other purposes.
Referred to the Committee on State of Republic.

SB 70. By Senator Gardner of the 47th:
A Bill to be entitled an Act to clarify, simplify and conform the proce dure in certiorari proceedings to that prevailing in ordinary civil cases as to appearance day; and for other purposes.
Referred to the Committee on Judiciary.
SB 74. By Senator Braly of the 38th:
A Bill to be entitled an Act to amend an Act entitled "An Act to author ize the State Board of Health to make and promulgate reasonable rules and regulations for the protection of the health and lives of inmates and patients of hospitals, so as to require certain procedures when a hospital has on its staff a Doctor of Osteopathy; and for other purposes.
Referred to the Committee on Hygiene and Sanitation.
SB 76. By Senators White of the 39th and Brown of the 52nd:
A Bill to be entitled an Act to require every person licensed to practice chiropractic, podiatry (chiropody), dentistry, medicine and surgery, optometry, and osteopathy under the provisions of Title 84 of the Georgia Code to display his license; and for other purposes.
Referred to the Committee on Hygiene and Sanitation.
SB 87. By Senator Staples of the 37th:
A Bill to be entitled an Act to amend an Act creating the Office of Tax

WEDNESDAY, FEBRUARY 1, 1961

501

Commissioner of Carroll County, as amended, so as to provide for a change in the yearly salary of the Tax Commissioner; and for other purposes.
Referred to the Committee on Local Affairs.

SR 35. By Senators Knox of the 54th and Grayson of the 1st:
A Resolution paying tribute to the Mayors and other Municipal Offi cials and employees; and for other purposes.
Referred to the Committee on Rules.

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

HB 288. By Messrs. Moore and Adams of Polk:
A Bill to create a new charter for the City of Cedartown, so as to extend the corporate limits of said City, so as to annex certain areas now out side said corporate limits; and for other purposes.

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

On the passage of the Bill, the ayes were 115, nays 0.

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

HB 295. By Mr. Pannell of Murray:
A Bill granting a new charter for the City of Spring Place, so as to provide that an ad valorem tax, not to exceed five mills, may be levied; and for other purposes.

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

On the passage of the Bill, the ayes were 115, nays 0.

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

HB 298. By Messrs. Hall, Scoggin and Lowery of Floyd:
A Bill amending an Act entitled "Rome Judicial Circuit" by increasing the salary of the Assistant Solicitor General; and for other purposes.

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

On the passage of the Bill, the ayes were 115, nays 0.

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

502

JOURNAL OF THE HOUSE,

HB 299. By Mr. Hall of Floyd:
A Bill creating a new charter for the City of Rome, relating to the salary of the members of the Rome City Commission; and for other purposes.

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

On the passage of the Bill, the ayes were 115, nays 0.

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

HB 300. By Messrs. Hall, Scoggin and Lowrey of Floyd:
A Bill amending an Act entitled "City Court of Floyd County," by in creasing the salary of the Judge of the City Court of Floyd County; and for other purposes.

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

On the passage of the Bill, the ayes were 115, nays 0.

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

HB 301. By Messrs. Mackay, Rutland and Howard of DeKalb: A Bill providing that in all counties having a population of not less than 120,000 and not more than 145,000, the Commissioner of Roads and Revenues or other governing authority of such counties shall pay the actual cost of feeding prisoners in lieu of paying fees to the Sheriff or his appointed jailer for dieting such prisoners; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 302. By Messrs. Mackay, Rutland and Howard of DeKalb:
A Bill requiring jury commissioners in counties having a population of not less than 120,000 and not more than 145,000, in all future registers of the traverse jury list to place all tickets containing the names of traverse jurors in one box for the use of superior courts in said counties and that no such tickets are to be placed in any other traverse box; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 115, nays 0.

WEDNESDAY, FEBRUARY 1, 1961

503

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

HB 303. By Messrs. Mackay, Rutland and Howard of DeKalb:
A Bill providing that the governing authorities of certain counties may charge for inspections, require permits and to set up a code and provide rules and regulations for the installation of heating and air-conditioning in said counties; and for other purposes.

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

On the passage of the Bill, the ayes were 115, nays 0.

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

HB 304. By Messrs. Mackay, Rutland and Howard of DeKalb:
A Bill providing that the governing authorities of certain counties may charge for inspections, require permits, set up a code, and provide rules and regulations for the installations of plumbing in said counties; and for other purposes.

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

On the passage of the Bill, the ayes were 115, nays 0.

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

HB 305. By Messrs. Mackay, Howard and Rutland of DeKalb:
A Bill authorizing any counties in this State having a population of not less than 85,000 and not more than 100,000, to provide through a cadas tral survey, a field book system for real property identification and evaluation; and for other purposes.

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

On the passage of the Bill, the ayes were 115, nays 0.

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

HB 306. By Messrs. Mackay, Rutland and Howard of DeKalb: A Bill providing for exemption of taxation to the owner of personal property in certain counties; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 115, nays 0.

504

JOURNAL OP THE HOUSE,

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

HB 307. By Messrs. Mackay, Rutland and Howard of DeKalb:
A Bill requiring the board of jury commissioners in certain counties, to place on the jury lists of said counties the names of not less than 10,000 upright and intelligent men to serve as jurors in all the courts of such counties, and to select intelligent, and upright men to serve as grand jurors; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 308. By Messrs. Mackay, Rutland and Howard of DeKalb: A Bill providing for supplementing the funds of the County Board of Education, in certain counties; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 309. By Messrs. Mackay, Rutland and Howard of DeKalb: A Bill to provide a uniform County Commissioners' Law in certain coun ties ; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 310. By Messrs. Mackay, Rutland and Howard of DeKalb: A Bill repealing an Act providing for the approval and recording of plats 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 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

WEDNESDAY, FEBRUARY 1, 1961

505

HB 311. By Messrs. Mackay, Rutland and Howard of DeKalb:
A Bill fixing the compensation of Commissioners 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 115, nays 0.

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

HB 312. By Messrs. Mackay, Howard and Rutland of DeKalb:
A Bill repealing an Act relating to the position of the Chief of Police 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 115, nays 0.

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

HB 313. By Messrs. Mackay, Rutland and Howard of DeKalb:
A Bill creating a Purchasing Department in counties having a popula tion of 200,000 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 115, nays 0.

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

HB 314. By Messrs. Mackay, Rutland and Howard of DeKalb:
A Bill providing for the fees of Coroners, Constables and Jurors in cer tain counties; and for other purposes.

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

On the passage of the Bill, the ayes were 115, nays 0.

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

HB 315. By Messrs. Mackay, Rutland and Howard of DeKalb:
A Bill authorizing the payment of pensions to county employees and officers, including county police but not elected officials in certain coun ties; and for other purposes.

506

JOURNAL OF THE HOUSE,

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

On the passage of the Bill, the ayes were 115, nays 0.

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

HB 319. By Mr. Undercofler of Sumter:
A Bill fixing and adjusting the compensation of the members of the Board of Commissioners of Roads and Revenues of Sumter County; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 260. By Messrs. Willingham, Teague and Wilson of Cobb:
A Bill providing for an additional Judge of the Superior Court of Cobb Judicial Circuit, so as to provide that said additional Judge shall receive the same compensation, salary, expenses, and allowances as the other Judge of said Circuit; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 115, nays 0.

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

HB 264. By Mr. Smith of Emanuel:
A Bill relating to the incorporation of the City of Swainsboro, so as to provide for a change in the hours for voting in elections in the City of Swainsboro; 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 City of Swainsboro in the County of Emanuel, approved December 6, 1900 (Ga. Laws 1900, p. 427), as amended, particularly by an Act approved August 3, 1925 (Ga. Laws 1925, p. 1473), so as to provide for a change in the hours for voting in the City of Swainsboro; to clarify the provisions relating to the terms of office and the time of election of the Mayor and Councilmen of said City; to repeal an Act relating to the term of office of the Mayor of the City of Swainsboro, approved March 27, 1941 (Ga. Laws 1941, p. 1771); to repeal conflicting laws; and for other purposes.

WEDNESDAY, FEBRUARY 1, 1961

507

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1
An Act incorporating the City of Swainsboro in the County of Emanuel, approved December 6, 1900 (Ga. Laws 1900, p. 427), as amended, particularly by an Act approved August 3, 1925 (Ga. Laws 1925, p. 1473), is hereby amended by striking Section 5 in its entirety and inserting in lieu thereof a new Section 5 to read as follows:
"Section 5. Be it further enacted that at the regular election to be held on the third Monday in December, 1941, a Mayor shall be elected for a term of two years. Each two years thereafter on the third Monday in December, an election shall be held for Mayor for a term of two years. Only two of the six Councilmen shall be elected annually on the third Monday in December and such Councilmen shall be elected for terms of three years."
SECTION 2
Said Act is further amended by adding a new Section to be known as Section 5A to read as follows:
"Section 5A. The polls for all elections in the City of Swains boro shall be opened at 7:00 a.m. and shall be closed at 6:00 p.m."
SECTION 3
An Act relating to the term of office of the Mayor of the City of Swainsboro, approved March 27, 1941 (Ga. Laws 1941, p. 1771), is hereby repealed in its entirety.
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 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 320. By Mr. Ross of Lincoln: A Bill providing the tax receiver in certain counties a percentage of the ad valorem school taxes collected by said official, so as to change the population and census figures; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 115, nays 0.

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

508

JOURNAL OF THE HOUSE,

Under the general 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 36. By Mr. Smith of Emanuel:
A Bill abolishing the State Housing Authority Board, to repeal all laws creating and establishing the State Housing Authority Board and of the office of the State Director of Housing; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 113, nays 0.

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

HB 178. By Mr. Raulerson of Echols:
A Bill relating to the Game and Fish Commission and to game and fish, so as to clarify the definition of big game; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Adams Akins
Andrews of Hall Arnsdorff Ballard
Barnett of Wilkes Barnett of Baker Black Blalock Bolton Bowen of Randolph
Bowen of Toombs Boyett
Bozeman Brackin Brown Busbee Caldwell Carswell Chance Chandler Clark of Catoosa
Clarke of Monroe

Cloer Cocke Collins
Conner Cox Crawford
Crowe Culpepper Davis Dicus Dollar Dorminy
Doster Duncan of Fannin
Dunn Fitzgerald Flexer Floyd Flynt Fordham Fowler of Treutlen Fuqua Greene
Hale

Hall of Lee Harrell Henderson
Hodges Horton Howard
Hull Hurst Johnson Jones of Liberty Jones of Worth Jones of Lumpkin
Jones of Sumter Jordan
Keadle Keyton Kidd Killian Killingsworth King Kirkland Knight of Laurens Knight of Berrien
Lane

WEDNESDAY, FEBRUARY 1, 1961

509

Lee Lewis Loggins Lovett Lowrey McClelland McCutchen Melton Milhollin Miller Mixon Moate Moore Moorman Morgan Morris Moss Mullis Murphy NeSmith Odom Otwell Paris Parker of Sereven Parker of Ware Farmer

Payton Phillips of Bibb Poole Potts Raulerson Roberts Rodgers of Charlton Rogers of Paulding Rowland Sangster Sheffield Shuman Simmons Simpson Sinclair Smith of Grady Smith of Fulton Smith of Habersham Smith of Whitfield Steis Stevens Story Strickland Stuckey Summers Tabb

Tamplin Taylor of Decatur Taylor of Bibb Teague Thornton Todd Twitty Undercofler Underwood of
Montgomery Underwood of Taylor Vaughn Walker of Telfair Ware Watson Wells of Peach Wells of Oconee Wells of Camden White Wickham Wilkes Williams of Coffee Willingham Wilson Young

Those voting in the negative were Messrs. Pannell, Scarborough and Waldrop.

Those not voting were Messrs.:

Andrews of Stephens Barber Barrett Baughman Birdsong Boggs Branch Brooks of Oglethorpe Brooks of Fulton Budd Bynum Coker Deen Dickey Duncan of Carroll Echols Fleming Fowler of Douglas

Funk Hall of Floyd Hill Jernigan Joiner Kelly Kimmons Lanier Lokey Mackay Massee Matthews of Clarke Matthews of Colquitt McCracken McDonald McGarity Newton Parker of Appling

Pelham Phillips of Columbia Phillips of Walton Pickard Purcell Ray Roper Ross Rutland Scoggin Singer Smith of Brantley Taylor of Dawson Tucker Walker of Lowndes Williams of Hall Woodward Mr. Speaker

On the passage of the Bill, the ayes were 148, nays 3.

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

HR 46-113. By Mr. Hurst of Quitman:
A Resolution to designate a bridge as the Richard B. Russell Memorial Bridge; and for other purposes.

510

JOURNAL OF THE HOUSE,

By unanimous consent, further consideration of HR 46-113 was postponed until Thursday, February 2, 1961.

HB 150. By Mr. Walker of Lowndes:
A Bill providing additional procedures for taking the testimony of wit nesses to wills; and for other purposes.

The following Committee amendment was read and adopted:
The Judiciary Committee moves to amend HB 150 by adding after Section 4 a Section 5 to read as follows:
Section 5. All laws and parts of laws in conflict herewith are hereby repealed.

The report of the committee which was favorable to the passage of the Bill, as amended, was agreed to.

On the passage of the Bill, as amended, the ayes were 114, nays 0.

The Bill, having received the requisite constitutional majority, was passed, as amended.

HB 265. By Mr. Dorminy of Ben Hill:
A Bill amending Code Section 24-2101, so as to provide that if the first Monday in a month falls on a legal holiday, the Courts of Ordinary do not have to convene until the following 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 108, nays 0.

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

HB 266. By Mr. Dorminy of Ben Hill:
A Bill amending Code Section 24-901 so as to provide that if the fixed time for holding a Justice of the Peace Court should happen to fall on a legal holiday, then the day following would be considered the regular court 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 109, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HR 82-249. By Messrs. Taylor and Dollar of Decatur: A Resolution designating the Emmett R. Culbreth and Myrvin H. Culbreth Bridges; and for other purposes.

WEDNESDAY, FEBRUARY 1, 1961

511

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

On the adoption of the Resolution, the ayes were 122, nays 0.

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

HR 87-269. By Messrs. Twitty of Mitchell, Underwood of Montgomery, Walker of Telfair, and others:
A Resolution relating to the designation of a bridge as the "S. Ernest Vandiver 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 115, nays 0.

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

Mr. Steis of Harris moved that the House agree to the Senate amendment to the following Bill of the House.

HB 190. By Mr. Steis of Harris:
A Bill creating and incorporating the City of Shiloh, and granting a charter to that municipality under that name and style; and for other purposes.

The following Senate amendment to the House Bill was read:
The Committee on County and Municipal Governments of the Sen ate offered the following amendment:
Amend section 26 by adding at the end thereof the following sen tence :
"Provided, however, that the power and authority granted by this section or by any other provision of this chapter to own, construct, enlarge, operate and maintain any public utility shall not apply in any case where an existing utility is furnishing a similar service unless and until the Public Service Commission has determined, after hearing, that the service being furnished by such existing utility is not reasonably adequate."

On the motion to agree, the ayes were 107, nays 0.

The Senate amendment to the House Bill was agreed to.

Mr. Cox of Clarke moved that the House agree to the Senate amendment to the following Bill of the House.

512

JOURNAL OF THE HOUSE,

HB 119. By Messrs. Matthews and Cox of Clarke:
A Bill authorizing the governing authority of Clarke County to establish districts for the purpose of building and operating storm sewers and street lights and a system of garbage collection within said city; and for other purposes.

The following Senate amendment to the House Bill was read:
The Committee on County and Municipal Governments of the Senate offered the following amendment:
To amend HB 119 by striking from the title the words "and without regard to uniformity."
By striking from section 2 the words "all without regard for uni formity," and inserting in lieu thereof the words "which service charges need not be uniform for all business and residents served by said facili ties, but shall be equitable and bear a reasonable relation to the relative benefit derived from said facilities by each such business and resident."

On the motion to agree, the ayes were 107, nays 0.

The Senate amendment to the House Bill was agreed to.

The Speaker presented Miss Sandra Tally, from Clinch County, Georgia, who was elected Miss Georgia for 1960.

By unanimous consent, the following Resolutions of the House were read and adopted:

HR 100. By Mr. Smith of Emanuel:
A RESOLUTION
Relating to the Code of Georgia; and for other purposes.
WHEREAS, the last Official Code of Georgia was adopted in 1933 and since that time innumerable laws have been enacted, which have not been officially codified; and
WHEREAS, Code Commissions have been created since that time but no revision or adoption of any official codification has been forth coming; and
WHEREAS, a proposal has been presented to the Legislative Serv ices Committee relative to the adoption of the Annotated Code of Georgia as the Official Code, but the Committee, due to the press of recent events, and due to other matters relative to the business of this Session, has not had sufficient time or opportunity to adequately study this proposal; and
WHEREAS, the subject of revision or adoption of any Official Code should be thoroughly studied.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the Legislative Services Committee and the Office of Legislative Counsel are hereby authorized and directed to make

WEDNESDAY, FEBRUARY 1, 1961

513

a study of the revision or adoption of an Official Code, and the proposal as set out above and make a report and recommendations thereon to the 1962 Session of the General Assembly of Georgia.

HR 143. By Mr. Twitty of Mitchell:
A RESOLUTION
Creating a committee to make a study of matters relating to Insur ance; and for other purposes.
WHEREAS, in the last decade there has been a great uptrend in the economic and industrial growth in the State of Georgia;
WHEREAS, the Insurance Industry has been one of the leaders in this economic growth and furnishes gainful employment for numerous persons, provides needed capital for industrial and agricultural expan sion, furnishes a market for investments, and casts its influence upon the daily lives of practically every citizen of this State.
WHEREAS, the Insurance Department of this State is charged with the duty of administering the new Insurance Code as passed at the last session of the General Assembly.
WHEREAS, problems involving the field of insurance are of such magnitude as to require advice and counsel by a committee of the mem bers of this legislature;
NOW THEREFORE, BE IT THEREFORE RESOLVED AS FOL LOWS:
There is hereby created a committee of five members of this legis lature, three to be appointed by the Speaker of the House, two to be appointed by the Lieutenant Governor in his capacity as President of the Senate, for the purpose of making the investigations and studies hereinafter set forth.
BE IT FURTHER RESOLVED that said committee shall be charged with the duty of investigating and studying the procedures used by insurance companies licensed to do business in this State to determine and establish premium rates and to recommend such changes and revi sions therein as shall be deemed necessary or advisable in order to main tain reasonable premium rates for the benefit and protection of the citizens of this State.
BE IT FURTHER RESOLVED that said committee be charged with the duty of investigating matters relating to cancellation of auto mobile insurance coverage, both liability and collision, to determine if some insurance companies now operating in this State are cancelling such contracts without just reason or cause, thereby working a hard ship on the policyholders of this State; and
BE IT FURTHER RESOLVED that said committee be further charged with the duty of inquiring into the method of writing individual accident and sickness insurance coverage to determine whether the bene fits provided thereby are being properly utilized and to investigate fur ther into the premium rates charged for such coverage and to determine further if such premium rates should be set by the Insurance Commis sioner pursuant to proper regulations; and

514

JOURNAL OF THE HOUSE,

BE IT FURTHER RESOLVED that said committee be further charged with the duty of inquiring into the need for proper laws to control the writing of burial insurance in the State of Georgia; and
BE IT FURTHER RESOLVED that said committee in the per formance of its duties shall hold necessary hearings and shall have the power to subpoena and swear witnesses and to take their testimony upon all matters pertinent to its investigations; and
BE IT FURTHER RESOLVED that said committee shall investi gate only such matters as are herein set forth and that the members thereof shall be paid mileage and per diem at the same rate as is pro vided while in attendance at the General Assembly, provided that no member shall receive more than 15 days compensation; and
BE IT FURTHER RESOLVED that the Insurance Commissioner is required and directed to cooperate with the said committee during its investigations; and
BE IT FURTHER RESOLVED that said committee be charged with making a full report on the subject matters of this Resolution to the 1962 Regular Session of the General Assembly of Georgia, and said committee shall have the power to make such recommendations with respect to legislation and regulation regarding the subject matters so investigated as the committee deems proper; and
BE IT FURTHER RESOLVED that said committee be and the same is hereby empowered to employ secretarial help to be compen sated out of the General Fund in an amount agreed upon by the com mittee; and
BE IT FURTHER RESOLVED that said committee herein created shall be dissolved simultaneously with the adjournment of said 1962 Regular Session of the General Assembly.

By unanimous consent, the following Resolutions of the House were read and referred to the Committee on Rules:

HR 132. By Mr. Kidd of Baldwin:
A RESOLUTION
To amend Rule 39 of the House of Representatives; and for other purposes.
BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the rules of the House of Representatives be, and the same is, hereby amended by striking therefrom Rule 39 in its entirety and substi tuting in lieu thereof a new Rule 39 to read as follows:
"Rule 39. The Committee on Rules, during the last ten days of each session, shall arrange, and fix the calendar of each day's business. Such calendar shall be a standing and continuing special order during said period. Any matter having been placed on the calendar and which is not acted upon on the day so set, or unless it is recommitted to the Committee from which it has been referred, shall continue over until the next day and have priority over mat ters on that day's calendar. No matter shall be taken up or acted on otherwise than in the order fixed by such calendar, except by a

WEDNESDAY, FEBRUARY 1, 1961

515

three-fourths vote of those voting, provided such three-fourths con stitutes a majority of the members elected to the House. During the period of operation under this rule, the calendar or order of business fixed by the Committee on Rules shall be read by the Clerk immedi ately after the confirmation of the Journal at each morning session and immediately after the roll-call at each afternoon session. Any motion to amend such report, either by striking, inserting, or chang ing the order, shall be made within the first thirty minutes after the reading of such report. After the reading of such report and announcement by the Speaker that it is in order for such motions to be made, if no such motions are made the House shall proceed to business under the calendar so fixed, after which no such motion shall be made during that session. No motion to amend the report of the Committee on Rules shall be debatable, during the period of operation under this Rule."
HR 133. By Mr. Hall of Lee:
A RESOLUTION
To authorize the Juvenile Matters Committee, a Subcommittee of the Welfare Committee for the House of Representatives to study juve nile delinquency; and for other purposes.
WHEREAS, juvenile delinquency is an ever increasing problem to the entire nation and it is for the best interest of this State that ways and means of combating juvenile delinquency be continually studied; and
WHEREAS, by constant deliberations and study of the problems caused by juvenile delinquency, ways and means to better combat this evil may be ascertained; and
WHEREAS, there is not sufficient time to study the problems of juvenile delinquency during the regular Session of the General Assembly of Georgia.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the Juvenile Matters Committee, a Sub committee of the Welfare Committee of the House of Representatives are hereby authorized and directed to meet and study the problems of juvenile delinquency during the interim between adjournment of the 1961 Session of the General Assembly and the convening of the 1962 regular Session of the General Assembly of Georgia. Said Committee shall also study methods of combating and controlling juvenile delin quency.
BE IT FURTHER RESOLVED that said Committee shall be au thorized to do all things necessary in order to make the study as herein directed and said Committee shall have five days per member for its functioning.
BE IT FURTHER RESOLVED that the members of the Committee shall receive the compensation, per diem, expenses and allowances au thorized for members of interim legislative committees.

HR 134. By Mr. Wells of Camden:
A RESOLUTION
Relative to the Channel at Kings Bay Terminal; and for other pur poses.

516

JOURNAL OP THE HOUSE,

WHEREAS, the Kings Bay Terminal at St. Marys, Georgia, has been leased to a private shipping company and as a result thereof a large amount of shipping is utilizing the facilities at the Terminal; and
WHEREAS, many large ocean going vessels from all over the World dock at the Terminal bringing in import goods and taking out export goods; and
WHEREAS, rail and truck lines haul freight, and some of the Terminal's food, supplies, material and equipment are purchased, jobs are held by citizens of the locality, and the economy not only of the sur rounding area but the entire State is greatly benefitted by the operation of the Terminal; and
WHEREAS, in 1958 the Channel was thirty-four feet in depth but is now down to approximately twenty feet in depth; and
WHEREAS, if immediate action is not taken to dredge the Channel, many vessels will have to be turned away, therefore, directly affecting the families of many Georgia citizens and indirectly affecting the econ omy of the entire tSate; and
WHEREAS, according to the contract between the company and the government, the government is supposed to dredge the Channel but has not as yet done so;
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that this body recommends that immediate action be taken by the Federal Government to dredge the Channel at Kings Bay Terminal, St. Marys, Georgia, and that the members of Con gress from Georgia do all within their power to see that this is accom plished.
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 135. By Messrs. Kidd of Baldwin, Teague of Cobb and Bynum of Rabun and others:
A RESOLUTION
Calling on the Appropriation Committee of the House to take action on House Bill No. 90 ("The Appropriation Bill"); and for other pur poses.
WHEREAS, there has not been a General Appropriation Bill for the State of Georgia since 1956; and
WHEREAS, the State of Georgia is steadily increasing in popula tion and it is essential to the health and welfare of the citizens within her boundaries and environs that increased State services be made and projected; and
WHEREAS, it is advisable and imperative that the State budget be revamped and additional financing of State services be made immedi ately; and
WHEREAS, the Governor of the State of Georgia prepared and submitted to the General Assembly, more than two weeks ago, House Bill No. 90 which is a General Appropriation Bill; and

WEDNESDAY, FEBRUARY 1, 1961

517

WHEREAS, since that time said Bill has been and is now heing studied by the House Appropriation Committee; and
WHEREAS, there are less than two and one-half weeks remaining in the current Session of the General Assembly;
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the chairman and members of the House Appropriation Committee is strongly urged and requested to take some affirmative action on House Bill No. 90 to wit: Commit said Bill to the members of the General Assembly for their approval, amendment, or disapproval.
BE IT FURTHER RESOLVED that in the event said House Bill No. 90 is not committed to the members of each body of the General Assembly, that we, the members of the General Assembly, take the nec essary actions of authorizing the General Assembly to remain in Session until a General Appropriation Bill is submitted to it.

HR 136. By Messrs. Parker of Screven, Keyton of Thomas and Pannell of Mur ray:
A RESOLUTION
WHEREAS, the Educational Study Committee of 1960 accomplished outstanding results in educational field giving to the Legislature much vital and needed information to improve operation of the educational system; and
WHEREAS, the state expends over 50% of its tax funds in the field of education; and
WHEREAS, it was apparent to said Committees that a much broader analytical study should be made in order to coordinate proper solutions and to provide needed information to the members of the Leg islature about vital problems in education.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the Education Committee of the House be authorized to make such further studies and analyses of educational problems as is deemed necessary. The Chairman of said Committee shall have authority to assign individual members to such sub-committees as he deems necessary. Said Committee is authorized to employ such pro fessional and clerical assistance as it requires and shall set their com pensation and incur necessary expense for supplies, etc. Said Committee is hereby authorized to make such trips as it deems necessary for a full and complete investigation and analyses of educational matters. The members of said Committee shall receive per diem and expenses as pro vided by Law for interim committees. The Committee shall have 20 days per member for necessary meetings.

HR 137. By Messrs. Steis of Harris, Summers of Crisp, Dunn of Pike and others:
A RESOLUTION
Memorializing Congress to extend education benefits to certain vet erans; and for other purposes.
WHEREAS, Millions of veterans of World War II and of the

518

JOURNAL OF THE HOUSE,

Korean Conflict have been educated under the provisions of the Veterans Education Program established by the Federal Government; and
WHEREAS, Many veterans were able to obtain further education through the benefits of the Veterans Education Program which would not otherwise have been possible; and
WHEREAS, The education of millions of veterans has contributed to an increase in the educational level of this country and has produced a major national asset which has contributed much to the economy of this country; and
WHEREAS, Reliable statistics have proved that increased income to veterans arising out of their higher education level will more than reimburse the national treasury of the entire cost of the GI training program by 1970; and
WHEREAS, The President of the United States, by executive order on January 31, 1955, stopped the educational benefits for persons serv ing in the Armed Forces of the United States after February 1, 1955; and
WHEREAS, It is believed that as long as the draft is continued that all persons serving in the Armed Forces should be extended the educational opportunities enjoyed by veterans serving prior to February 1, 1955; and
WHEREAS, It has been demonstrated that the investment in the education of such veterans will be more than repaid to the public treas ury through increased taxes resulting from higher incomes of such veterans;
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that this body does hereby memorialize the Congress of the United States to extend GI educational benefits to all veterans who entered, or who enter, military services from and after February 1, 1955, and that such educational benefits be extended so long as the provisions of the draft law exist.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a copy of this Resolution to the presiding officers of both branches of the United States Congress and a copy to each member of the Georgia Congressional Delegation.

HR 138. By Messrs. Adams of Polk, Thornton of Bibb, Floyd of Chattooga, and others: A RESOLUTION
Pleading with the State Highway Department to establish a mini mum wage for employees of One ($1.00) Dollar per hour; and for other purposes.
WHEREAS, the cost of living has increased considerably since the last wage adjustment for State Highway employees; and
WHEREAS, the employees of the maintenance crews of the State Highway Department work long hours in all types of weather so that the citizens of the State of Georgia and tourists from other States can travel over highways that are beautiful, picturesque and scenic, and over roads that are smooth and safe; and

WEDNESDAY, FEBRUARY 1, 1961

519

WHEREAS, because of the increase in traffic fatalities through out the nation and in our own State, it is imperative that we maintain the best possible driving conditions for everyone so that the lives of our own fine citizenry can be preserved; and
WHEREAS, in order to maintain these good driving conditions we must employ persons who are industrious, willing, competent and able bodied to work roads and highways; and
WHEREAS, any employee who is drawing a meager wage of only 75 4 an hour or 85^ an hour, and especially one who has other loved ones such as elderly parents, dear wives, and small infants dependent upon him for their existence, cannot provide a very good standard of living either for himself or his loved ones; and
WHEREAS the federal government has established a minimum wage of $1.00, which has been in effect for several years and is antici pating setting a minimum wage of $1.25 in the near future; and
WHEREAS, the elected officials of the Sovereign State of Georgia are extremely interested and concerned in the welfare of their constitu ents who are employed by the State Highway Department;
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the State Highway Department be urged, beseeched, encouraged and pleaded with to establish a minimum wage of $1.00 per hour for all employees of the State Highway Depart ment.
The hour of convening having arrived, the Senate appeared upon the floor of the House, and the Joint Session convened in accordance with HR 30 for the purpose of hearing a message from Congressman John J. Flynt, Jr.
The President of the Senate called the Joint Session to order.

The Secretary read the Resolution providing for the Joint Session.

Acommpanied by the Committee of Escort, Congressman Flynt appeared upon the floor of the House.

Lieutenant Garland Byrd in presenting Congressman Flynt made the follow ing introductory remarks:
It is my pleasure today to present to you gentlemen of the General Assembly, one of Georgia's most distinguished sons.
The fact that he is a former member of the Georgia General Assem bly makes it an even greater pleasure. He served in the House of Rep resentatives in 1947 and 1948.
Jack Flynt is now in his 4th term as a member of the Georgia dele gation to the National Congress.
He has served the citizens of Georgia well, both in Congress and at home.
Before being elected as a Representative of the 4th Congressional district in 1954, Jack Flynt served in numerous high posts within this state.

520

JOURNAL OF THE HOUSE,

To name a few, he was President of the Georgia Bar Association, President of the Solicitors General Association of Georgia, a member of the House of Representatives of Spalding County and a member of the Board of Governors of Georgia Military Academy.

Jack Flynt, as a member of the National Congress, has consistently fought for a conservative form of government despite the fact that he has frequently been in the minority.

r

In this fight, he has often found himself battling for continuation

of our Southern way of life.

Some battles have been lost. Others were won. But, Jack Flynt has always fought with honor.

The most recent example of his fight for conservatism was yester day on the measure designed to give the liberals control of the House Rules Committee.

Jack Flynt voted for continuation of the Republican-Southern Democrat coalition to retain control of that committee.

I consider it indeed an honor to present to you at this time, the Honorable John J. Flynt, Congressman from the 4th Congressional Dis trict of Georgia.

Congressman John J. Flynt, Jr., delivered the following address:
Lt. Gov. Byrd, Mr. Speaker Smith, members of the General Assem bly, and my fellow Georgians: With a grateful heart and with profound pleasure, I have accepted your invitation to meet with you today. I do not come here as a stranger. Rather, I feel that I am coming home.
It has now been six and one-quarter years since I began my service in the Congress of the United States. Unfortunately, for me, a majority of those days have been spent away from Georgia, because when Con gress is in session my post of duty is where I have been elected to serve.
I give you my assurance that on each day that I have been away from Georgia, that my heartbeat has been in tune with yours, and that on each of those days my thoughts turn homeward to my beloved state and its people.
There is a new, dread disease not yet mentioned in medical journals. It is called Potomac fever. It is contagious; it is infectious, and it is al ways fatal. Once it has been contracted, there is no cure, and it insidi ously attacks both the brain and the heart of the person affected. It can, however, be prevented by a very simple, preventive remedy. That is by thinking of home at least once a day.
Each morning when I arise, and every night before I retire, I rev erently ask almighty God to guide and direct me as I perform my duties as a representative from the State of Georgia, and never to let me forget from whence I come. As long as I do this, I have no fear of being stricken with Potomac fever.
From my colleagues in Congress, I bring you greetings. I shall not attempt to speak for any of them in my remarks which will follow--but I know that at least some of them concur in the thoughts I bring to you.

WEDNESDAY, FEBRUARY 1, 1961

521

I stand here in complete humility. The longer I serve in Congress, the more humble I become. I recognize my shortcomings, and my faults. I also recognize my responsibilities. With this humble feeling, a sense of pride also pulses through my body. This feeling is motivated partly by the fact that I once served here as a member of this General Assem bly, and that you have twice invited me to return to speak to and with you.
I am truly honored. I am deeply grateful. I hope that I deserve it. I pray that I always shall.
It would be dereliction on my part, if I did not say that membership in this body is one of the greatest privileges and honors that can be conferred on a citizen of Georgia.
During the past 46 years, I have been a member of many groups. I have never served with a finer and more dedicated group of men and women than the 258 members of the General Assembly with whom I served fourteen years ago.
A substantial number of you served with me then. I know that you, of this General Assembly, measure up to the General Assembly in which I served. You are the equal in ability, in intelligence, in appearance, and in courage to any legislative body in the United States. I believe that you are superior to most.
You have experienced agonizing memoments during recent weeks. I have shared each of those moments with you.
Perhaps the most soul searching in modern times was called for. Now, that the decision has been made, it is the joint responsibility of all of us to make it work well in the best interest of Georgia.
Those of us whose thoughts and philosophy have been tied so closely together for so long must not now be divided lest the effective ness of our philosophy be destroyed.
Events have transpired since January 1st of this year which might mark January 1961 as the end of one era and the beginning of another. Such a transition demands the very best that each of us has--the best of our thoughts--the best of our actions--the very best of our individual and collective minds and hearts.
It will take courage. It will require understanding. It may require readjustment. You have the intelligence, the courage, and the fortitude that this critical time demands.
I would not attempt to tell you what to do. I have confidence and faith in you and what you will do. With my strength and energy, I shall support and defend your decisions and the decisions of the people of Georgia.
You as members of the Georgia General Assembly have the strength of character, the stoutness of heart, and the devotion to duty to make the decisions which will strengthen our state, our state government, our laws and our traditions against all enemies from whatever source and direction they may come.
In the current session of Congress, as in all sessions, there are many problems facing us. As you have your problems here, we in Congress

522

JOURNAL OF THE HOUSE,

are confronted daily with questions and issues, the answers to which will determine the future of our Nation.
If these issues are not determined along the lines of constitutional processes, then there is reason to fear that we may have passed the zen ith of our national life, and that the United States of America might deteriorate and decline as did the Roman empire centuries ago. I some times think that Gibbons' "Decline and Fall of the Roman Empire" should be required reading for all members of Congress.
Truly, the decade of the 1960's might well be described as the decade of decision. It is a decade which may well confront our people, our na tional and state leaders alike, with problems of decisions of vastly greater significance than even the decisions of a century ago.
This is neither the time nor the place for dogmatism or exhortation. I intent neither of these.
Rather, I earnestly and briefly wish to express some personal con victions concerning some of these central problems, which, dependent on the way we attack them may well determine whether we shall survive as a free nation of free people.
The first of these we met head-on in the House of Representatives yesterday when an effort was made to determine whether the House of Representatives would operate on established rules or whether, for all practical purposes, we would give an unrestricted and permanent proxy to the Speaker of the House.
This particular issue is one which you as members of a legislative body understand. It is one which is sometimes difficult for individuals not conversant with parliamentary procedures to fully appreciate.
Efforts have been made to confuse this issue by saying that the Rules Committee as presently constituted has both the power and the desire to block the legislative program recommended by President Ken nedy.
This is not the case!
The chairman of the Rules Committee has given his word to both the President and the Speaker that every single announced portion of the President's program would be cleared for action without delay. He is a man who has never broken his word.
It might be remembered and emphasized here that the Rules Com mittee, under House rules, not only has the power to grant rules, but that it also determines what kind of rule is granted. For example, it can grant open rules or closed rules. In the former instance, the House is permitted to work its will by amendments, both substantive and tech nical. Under a closed rule, amendments can be either restricted or pro hibited entirely. The Rules Committee, as presently constituted, has been more inclined to grant open rules which is clearly the more demo cratic method. This I would like to see continued. I believe all persons who believe in free legislative debate and deliberation prefer this method.
Some of the editorial comments and editorials have presented an unrealistic and distorted picture of what this fight has been all about. In fact, some have gone so far as to completely reverse the true roles of the opposing sides of this controversy. Some have either been ignorant

WEDNESDAY, FEBRUARY 1, 1961

523

or forgetful of their history, because those who have read and studied know, and know well, that in 1910 the Democrats and liberal Republi cans revolted against the then Speaker Joseph G. Cannon, a Republican from Illinois, to keep him from completely dominating the House Rules Committee. The rules which are now in effect were the direct result of the revolt against Speaker Cannon and his tyrannical power over the House.
As presently constituted, the Rules Committee could not block or unduly delay legislation even if it wanted to. There are at least four distinct ways, under House rules, by which the House can act on, and work its will on, legislation, notwithstanding the action of the Rules Committee:
1. Every Wednesday is Calendar Wednesday. One member of the House can demand this procedure, and on Calendar Wednesday, the roll of committees is called in alphabetical order of committees, and as each committee is called, it can call up any bill it desires.
2. The House can suspend its own rules and frequently does. On alternate Mondays--the 1st and 3rd Mondays of each month, and at any time during the last 7 legislative days of each session, it is in order for the Speaker to recognize a Member for the purpose of moving to suspend the rules and pass a given piece of legisla tion. It is probable that more legislation is passed in this manner than after the granting of a rule by the Rules Committee.
3. Any piece of legislation which a majority of the members of the House really want can be brought up by means of a discharge petition signed by a bare majority of the Members of the House.
4. The Speaker can call up a Senate passed bill he shall desire without referring it to either a legislative committee or to the Committee on Rules.
So, if anyone tells you or attempts to tell you that the Rules Com mittee can block legislation that a majority of the members of the House really wants, then let's be charitable and say that they are simply mistaken or that they haven't read the rule book.
The Rules Committee has operated without major changes for 51 years. Twice, that I know of, the House has hastily changed the rules affecting the orderly processes of the House, and each time at the very opening of the next Congress, the rules have been restored to their present form.
I believe that the best interests of our state and Nation are served by those established, orderly processes. The Rules Committee in the House, and Rule XXII in the Senate are the last bulwarks and safe guards we have against tyrannical and punitive legislation, and I be lieve that both should be defended against frontal assault, flaking attacks, and any other efforts to destroy them.
The fight that we in the House are making is comparable--it is almost identical--with the fight which our two United States Senators from Georgia are making to preserve Rule XXII in the Senate.
i
You know that my Georgia colleagues in the House unanimously recommended me for a place on the House Appropriations Committee, to which place Georgia is entitled

524

JOURNAL OF THE HOUSE,

Word was sent to me that my selection to the Appropriations Com mittee would depend on whether I voted for the Resolution to pack the Rules Committee. Without a moment's hesitation, I sent word back that neither Jack Plynt nor Georgia wanted any assignment that badly.
My allegiance is to Georgia and to Georgia people who have placed their confidence and trust in me.
I recognize no control over my vote in the House of Representatives from any influence outside the Senate of Georgia. That includes the National Democratic Convention, a caucus of my Democratic colleagues in the House, the Speaker, and even the President of the United States whom I supported in his campaign for election.
If I am to be denied a preferential committee assignment, to which I am entitled by reason of both geography and seniority of service, be cause I am unwilling to let another member of the House tell me how to vote, then as far as I am concerned, they can deny me any committee assignments.
Southerners like myself have frequently been threatened with loss of committee assignments unless we supported measures which are obnoxious to us, to our consciences, and to our constituents.
Personally, I resent this!
I believe that you resent it!
Let me tell you quite frankly, one. reason some of us feel as strongly as we do on this subject is the threat which has been made to force federal legislation upon us which would implement the recommendation in the Democratic platform for force integration in every school dis trict in the United States by 1963. I am fully convinced that such action would literally destroy public education systems in many com munities both inside and outside of Georgia.
There is not a man or any group of men big enough or powerful enough to force me to vote for what I consider to be against the best interests of my people whom I love, and whom I hope love me.
The Democratic party was founded by Thomas Jefferson on the constitutional principles of a system of representative government, sound and frugal with authority divided between the Federal and State Governments to prevent coercion, even despotic, centralization of power. Democrats in Georgia adhere to these fundamental principles.
As a member of the House of Representatives, I am under oath to support the Constitution of the United States. This I have done, this I will continue to do.
The President, under whose administration I now serve, and the former President under whose administration I served, have both had my full support and allegiance where there is need for strong national defense and where there is need for unity in national crises.
I have seen and personally talked with the President of the United States since his inauguration. He knows of my active efforts in his behalf during the campaign. He remembers and appears grateful for the overwhelming support given him by Georgia and Georgia voters on November 8th, last.

WEDNESDAY, FEBRUARY 1, 1961

525

I believe that I speak the sentiments of most Georgians when I assured him of my wholehearted support and cooperation in:
ONE. Bringing his legislative recommendations to the floor of the House of Representatives to be passed upon in orderly fash ion; and
TWO. Assuring him of my support of those measures which I believe are in the best interest of our country.
However, the President knows, as you know, that I reserve the right to oppose those measures which I do not believe are in the best interest of our country, some of which are in the nature of punitive legislation directed at you and our people.
My unqualified allegiance to the people of Georgia has been pre served. It will continue to be.
I know the principles in which Georgians believe. I have confidence in the judgment of Georgia people as to what is good for our country. I have followed the mandates which have come to me from Georgia and from Georgians. I recognize no others, and I never shall.
Let me turn now to what I consider an overriding issue confront ing the new administration and the Congress. That is the deterioration of economic strength and fiscal responsibility in the operation of our Federal Government.
We must strengthen our economy if we are to provide fulltime employment for the maximum number of employable Americans. The gross national product is dependent in direct ratio to the number of people employed and the wage scale.
During recent years, we have seen imports from foreign countries flood our own national market in such staggering proportions that many industries have been adversely affected by outright plant closures, shortening of the work week, cutting off employment, or combinations of those three.
We realize full well that commerce and trade among nations is essential to the economic growth and prosperity of this and many other countries. However, if we are to strengthen our economy, we must maintain a favorable trade balance.
Among the industries which have been adversely affected by ex cessive imports include, but are not limited to, textiles, and electrical, steel, steel wire, and nails. We must take necessary safeguards in the Congress to promote international trade and commerce and, at the same time, protect American industries in the fulltime employment of American men and women. These objectives must be achieved if we are able to maintain a strong economy.
During the last 20 years, we in America have experienced an astounding rise in the national debt of the United States. The national debt of the United States today is more than the combined national debt of all other nations on earth.
This trend must be stopped.
We must stop it if we are to prevent the collapse of our whole economic system, including government and private enterprise alike.

526

JOURNAL OP THE HOUSE,

A large portion of this huge debt was brought about by wartime expenditures. However, during times of both peace and national pros perity, we have seen wasteful and extravagant spending continue, plunging our country deeper into debt. We are spending literally billions upon billions of dollars, some of it on every continent and in nearly every country on the earth--in many instances to build and create in dustries to compete with American industries, driving American men and women onto the rolls of the unemployed. This type of thing I have opposed at every opportunity, and my opposition to that becomes intensified.
This I shall continue to oppose, because I believe my first duty is to the men and women of our State and our country, and not to their competitive counterparts in any other country on the earth.
Fiscal irresponsibility, more than anything else leads to a loss of freedom in both government and private enterprise.
Some call me a conservative. Some call me other things. Personally, labels mean nothing to me, because they are sometimes so twisted and turned that they can mean whatever the user intends. I will say this, however: I am a Democrat of long standing. I have a background of at least four generations of Democrats immediately preceding me. I believe in the principles of the Democratic Party laid down by our party's great founder, Thomas Jefferson, whom I mentioned earlier, who said:
"I place economy among the first and most important virtues, and public debt as the greatest of dangers to be feared ... To preserve our independence, we must not let our rulers load us with perpetual debt . . . We must make our choice between economy and liberty or profusion and servitude ... If we can prevent the gov ernment from wasting the labors of the people under the pretense of caring for them, they will be happy."
Our new President more or less paraphrased that in his inaugural address on January 20th. In fact, he sounded like a southern conserva tive Democrat, when, in the most dramatic fashion, he said, "My fel low Americans, ask not what your country can do for you, ask what you can do for your country."
When his legislative recommendations subscribe to that statement, I shall be his strongest supporter. It is my hope that President John Fitzgerald Kennedy will translate the philosophy of his inaugural address into specific legislative recommendations and into actions which will strengthen this country's constitutional processes and help us to preserve, maintain, and strengthen the United States of America.
Let us have faith, and in that faith let us, to the end, do our duty as we understand it. An Italian epic poet, Alighieri Dante, once said, "The hottest places in hell are reserved for those who in a period of crises maintain their neutrality."
Let me close with a prayer that our God eternal shall grant to each of us the wisdom to determine what is right--and the courage to do our duty as he gives us the light to see that duty.

Mr. Twitty of Mitchell, moved that the Joint Session be now dissolved, and the motion prevailed.

WEDNESDAY, FEBRUARY 1, 1961

527

The President of the Senate announced the Joint Session dissolved.

The House was called to order by the Speaker.

Mr. Twitty of Mitchell moved that the House do now adjourn until 10:30 o'clock tomorrow morning, and the motion prevailed.

The Speaker announced the House adjourned until 10:30 o'clock tomorrow morning.

528

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia Thursday, February 2, 1961.

The House met pursuant to adjournment at 10:30 o'clock, A.M., this day and was called to order by the Speaker.

Prayer was offered by the Chaplain.

By unanimous consent the call of the roll was dispensed with.
Mr. Black of Webster, Chairman of the Committee on Auditing, Enrolling, Engrossing and Journals reported that the Journal of the previous legislative day 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 uncontested Bills.
6. First reading and reference of Senate Bills and Resolutions.
Mr. Baughman of Early asked unanimous consent that the following Bill of the House be withdrawn from the Committee on Banks and Banking and be re committed to the Committee on Insurance:

HB 336. By Mr. Baughman of Early and others:
A Bill amending Code Section 56-1013 with reference to corporate bodies and authorities making investments when said funds are guaranteed by the United States of America; and for other purposes.

The consent was granted and HB 336 was withdrawn from the Committee on Banks and Banking and re-committed to the Committee on Insurance.

Mr. Singer of Stewart presented Miss Linda Joy Lackey, Maid of Cotton, who told of her travels and experiences in advocating and proving that none of the many substitutes would equal cotton products.

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

THURSDAY, FEBRUARY 2, 1961

529

HB 390. By Messrs. Twitty of Mitchell and Smith of Emanuel:
A Bill to be entitled an Act to amend an Act establishing an employees' retirement system, so as to redefine retirement allowances; to limit prior service; to modify option provisions; and for other purposes.
Referred to the Committee on State of Republic.

HB 391. By Messrs. Dicus of Muscogee and Lee of Clayton:
A Bill to be entitled an Act to amend an Act to provide for the regula tion of Marine Traffic, so as to provide a method of certificate transfer when the ownership of a motorboat changes; to provide for a one dollar fee for such transfer; and for other purposes.
Referred to the Committee on Natural Resources.

HB 392. By Messrs. Twitty of Mitchell and Smith of Emanuel:
A Bill to be entitled an Act to amend an Act creating the Peace Offi cers' Annuity and Benefit Fund; and for other purposes.
Referred to the Committee on State of Republic.

HB 393. By Messrs. Parker of Screven, Johnson of Jenkins and Arnsdorff of Ef f ingham:
A Bill to be entitled an Act to amend an Act relating to what a mortgage or bill of sale to secure debt may embrace, so as to provide that any public utility company, whether or not incorporated, may, by mortgage, or bill of sale to secure debt, or deed of trust, embrace, cover, convey, pledge, and encumber after-acquired property of such company, wher ever located, when the instrument expressly so stipulates therein; and for other purposes.
Referred to the Committee on Industry.

HB 394. By Mr. Kimmons of Pierce:
A Bill to be entitled an Act to amend an Act creating the Board of Com missioners of Roads and Revenues of Pierce County; and for other pur poses.
Referred to the Committee on Local Affairs.

HB 395. By Messrs. Parker of Ware and Kimmons of Pierce:
A Bill to be entitled an Act to amend an Act known as the Free Text Book Act, so as to require the State Board of Education to extend the provisions of this Act to the Georgia Training School for Boys, Georgia Training School for Girls and Divisions and Branches thereof; and for other purposes.
Referred to the Committee on Education.

HB 396. By Mr. Roberts of Jones:
A Bill to be entitled an Act to amend an Act creating a new charter for the Town of Gray so as to authorize the Mayor and Aldermen of said

530

JOURNAL OF THE HOUSE,

City to open, close, lay-out, widen, straighten, or otherwise change streets, alleys and squares in the Town of Gray; and for other purposes.
Referred to the Committee on Local Affairs.

HB 397. By Messrs. Twitty and Collins of Mitchell:
A Bill to be entitled an Act creating a Small Claims Court in counties having a population of not less than 19,500 and not more than 19,700; and for other purposes.
Referred to the Committee on Local Affairs.

HB 398. By Mr. Phillips of Walton:
A Bill to be entitled an Act to amend an Act incorporating the City of Monroe and defining its limits; and for other purposes.
Referred to the Committee on Local Affairs.

HB 399. By Mr. Brooks of Fulton:
A Bill to be entitled an Act to amend an Act providing for pensions for members of the police departments in cities having a population of 150,000 or more, relating to re-employment or re-appointment; and for other purposes.
Referred to the Committee on Local Affairs.

HB 400. By Messrs. Scoggin and Dorsey of Floyd, Rogers of Paulding, Andrews of Hall, Tamplin of Morgan, Smith of Whitfield, Phillips of Bibb and others:
A Bill to be entitled an Act to amend an Act relating to the nomination by political parties in this State of candidates for U. S. Senator, Gover nor, State House Officers, Justices of the Supreme Court and Judges of the Court of Appeals at primary elections, by the county unit system; and for other purposes.
Referred to the Committee on State of Republic.

HB 401. By Messrs. Milhollin of Coffee and Underwood of Montgomery:
A Bill to be entitled an Act to provide for maintenance of certain streets and highways within the corporate limits of municipal corporations hav ing a population of not more than 30,000 by the State Highway Depart ment; and for other purposes.
Referred to the Committee on Highways.

HB 402. By Messrs. Jones of Liberty and Crawford of Chatham:
A Bill to be entitled an Act to provide that every insurance company doing business in Georgia shall invest at least 75% of the reserves main tained for policies written on property or risks located in Georgia in Georgia Securities; and for other purposes.
Referred to the Committee on Industry.

THURSDAY, FEBRUARY 2, 1961

531

HB 403. By Messrs. Lee and Blalock 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 office of Tax Commissioner of Clayton County; and for other purposes.
Referred to the Committee on Local Affairs.
HB 404. By Messrs. Killian and Flexer of Glynn:
A Bill to be entitled an Act to amend the City Charter for the City of Brunswick so as to provide for the procedure connected with the making of tax returns; to provide for the assessment of taxable property; and for other purposes.
Referred to the Committee on Local Affairs.
HB 405. By Messrs. Killian and Flexer of Glynn:
A Bill to be entitled an Act to amend an Act creating the City Court of Brunswick, so as to increase the number of bailiffs in said court; and for other purposes.
Referred to the Committee on Local Affairs.
HB 406. By Messrs. Killian and Flexer of Glynn:
A Bill to be entitled an Act to place the Coroner of Glynn County on a monthly salary in lieu of the fee system of compensation; and for other purposes.
Referred to the Committee on Local Affairs.

HB 407. By Messrs. Killian and Flexer of Glynn:
A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Roads and Revenues for Glynn County; and for other pur poses. Referred to the Committee on Local Affairs.
HB 408. By Messrs. Mackay, Howard and Rutland of DeKalb:
A Bill to be entitled an Act to amend the Juvenile Court Act in certain counties; and for other purposes.
Referred to the Committee on Local Affairs.
HR 139-408. By Messrs. Twitty of Mitchell and Smith of Emanuel:
A Resolution proposing an amendment to the Constitution so as to in crease the actuarial soundness of the Peace Officers' Annuity and Benefit Fund; and for other purposes.
Referred to the Committee on State of Republic.
HR 140-408. By Messrs. Morgan and Story of Gwinnett: A Resolution to compensate George C. Brown; and for other purposes. (Dept. Public Safety)
Referred to the Committee on Appropriations.

532

JOURNAL OF THE HOUSE,

HR 141-408. By Mr. King of Chattahoochee:
A Resolution to compensate Jay Roberts; and for other purposes. (State Highway Dept.)
Referred to the Committee on Appropriations.

HR 142-408. By Mr. Wilkes of Cook:
A Resolution authorizing a land conveyance to Cook County; and for other purposes.
Referred to the Committee on State Institutions and Property.

HB 409. By Mr. Roper of Greene:
A Bill to be entitled an Act to amend an Act creating the Board of Com missioners of Roads and Revenues in and for Greene County; and for other purposes.
Referred to the Committee on Local Affairs.

HB 410. By Mr. Roper of Greene:
A Bill to be entitled an Act to place the compensation of the Sheriff, the Clerk of the Superior Court and the Ordinary and Coroner of Greene County on a salary basis in lieu of a fee basis; and for other purposes.
Referred to the Committee on Local Affairs.

HB 411. By Mr. Roper of Greene:
A Bill to be entitled an Act to amend an Act consolidating the offices of Tax Receiver and Collector of Greene County into the one office of Tax Commissioner of Greene County; and for other purposes.
Referred to the Committee on Local Affairs.

HB 412. By Mr. Roberts of Jones:
A Bill to be entitled an Act to amend an Act creating a new charter for the Town of Gray, so as to change the name to the City of Gray; and for other purposes.
Referred to the Committee on Local Affairs.

HB 413. By Messrs. Fordham and Lane of Bulloch:
A Bill to be entitled an Act to provide for a change in the annual salary of the Judge of the City Court of Statesboro; and for other purposes.
Referred to the Committee on Local Affairs.

HB 414. By Messrs. Fordham and Lane of Bulloch:
A Bill to be entitled an Act to amend an Act relating to a change in the compensation of the Chairman, clerk and other members of the Board of Commissioners of Bulloch County; and for other purposes.
Referred to the Committee on Local Affairs.

THURSDAY, FEBRUARY 2, 1961

533

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

HB 360. By Mr. Steis of Harris:
A Bill to be entitled an Act to amend an Act entitled the "Georgia Post Mortem Examination Act," so as to provide for certain exceptions from the application of this Act; to provide for the taking of a blood sample for analytical purposes from certain persons under certain conditions upon the request of a peace officer; and for other purposes.

HB 361. By Mr. Clarke of Monroe:
A Bill to be entitled an Act to amend an Act relating to the incorpora tion of the City of Forsyth; to provide for a change in the distance from the corporate limits of the City of Forsyth over which said city shall have authority to construct, maintain and operate water lines; and for other purposes.

HB 362. By Mr. Arnsdorff of Effingham:
A Bill to be entitled an Act to provide for an increase in the salary of the Judge of the City Court of Springfield; and for other purposes.

HB 363. By Mr. Arnsdorff of Effingham:
A Bill to be entitled an Act to fix the terms of the City Court of Spring field; to provide for pleadings and practice therein; and for other pur poses.

HB 364. By Mr. Brooks of Fulton:
A Bill to be entitled an Act to amend an Act to establish a new charter for the City of Atlanta relating to an annual ad valorem tax for the support of public schools and for other educational purposes; and for other purposes.

HB 365. By Mr. Jones of Lumpkin:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Dahlonega; and for other purposes.

HB 366. By Mr. Wells of Oconee:
A Bill to be entitled an Act to amend an Act placing the solicitor general of the Western Judicial Circuit on a salary basis; and for other purposes. HB 367. By Mr. Wells of Oconee:
A Bill to be entitled an Act to amend an Act incorporating the Town of Bogart in Oconee County, so as to change the tax millage of such Town; and for other purposes.
HB 368. 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, so as to increase the city limits; and for other purposes.

534

JOURNAL OF THE HOUSE,

HB 369. By Mr. Black of Webster:
A Bill to be entitled an Act to amend an Act to provide for an expense allowance for the commissioner of Roads and Revenues in certain coun ties; and for other purposes.

HB 370. By Mr. Black of Webster:
A Bill to be entitled an Act to provide for the salary of the Commissioner of Roads and Revenue in certain counties; and for other purposes.

HB 371. By Mr. Black of Webster:
A Bill to be entitled an Act to amend an Act to provide the Sheriff of certain counties with a supplemental salary; and for other purposes.

HB 372. By Messrs. Duncan and Waldrop of Carroll:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Carrollton, by creating the office of "City Supervisor"; and for other purposes.

HB 373. By Messrs. Lovett and Knight of Laurens:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Dublin, relating to indebtedness in behalf of the City of Dublin; and for other purposes.

HB 374. 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.

HB 375. By Messrs. Lovett and Knight of Laurens:
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 Laurens; and for other purposes.
HB 376. By Messrs. Parker of Ware and Stuckey of Dodge:
A Bill to be entitled an Act to amend an Act known as the "Unemploy ment Compensation Law," so as to provide that the rate table for em ployers with deficit reserve accounts shall not apply to canners and processors of agricultural products; and for other purposes.
HB 377. By Messrs. Twitty of Mitchell and Smith of Emanuel:
A Bill to be entitled an Act to amend an Act known as the "State Office Building Authority Act," so as to clarify the definition of the word "project"; to clarify the definition of the word "self-liquidating"; and for other purposes.
HB 378. By Messrs. Raulerson of Echols, Black of Webster, Rogers of Charlton, Deen of Bacon, Adams of Polk and others:
A Bill to be entitled an Act to provide a minimum work day and week for State Highway Maintenance crews; and for other purposes.

THURSDAY, FEBRUARY 2, 1961

535

HB 379. By Mr. Arnsdorff of Effingham:
A Bill to be entitled an Act to amend an Act relating to the creation of the Office of County Treasurer for Effingham County; and for other purposes.

HB 380. By Messrs. Crawford of Chatham and Jones of Liberty:
A Bill to be entitled an Act to amend an Act entitled the "Georgia In dustrial Loan Act," so as to remove therefrom the provision that li censees may accept as security on any loan or advance made under the provisions of this Act a life, health and/or accident insurance policy; and for other purposes.

HB 381. By Mr. Brooks of Fulton:
A Bill to be entitled an Act to amend an Act to provide in Fulton County a system of pension and retirement pay to teachers and employees of the Board of Education of Fulton County and relating to the Federal O.A.S.I. Program; and for other purposes.

HB 382. By Mr. Sheffield of Brooks:
A Bill to be entitled an Act to amend and clarify Act providing for a salary system in lieu of a fee system for the Solicitor-General for the Southern Judicial Circuit; and for other purposes.

HB 383. By Messrs. Payton and Potts of Coweta:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Newnan relating to the closing of Goodrum Place; and for other purposes.

HE 127-383. By Mr. Caldwell of Upson: A Resolution to relieve Wallace Pryor as surety; and for other purposes.

HR 128-383. By Mr. Shuman of Bryan:
A Resolution authorizing an appropriation to the Georgia Historical Commission for the purpose of restoring Fort McAllister in Bryan County; and for other purposes.

HR 129-383. By Mr. Sheffield of Brooks:
A Resolution to compensate Reverend E. K. Rice; and for other pur poses. (State Highway Dept.)

HR 130-383. By Messrs. Phillips, Taylor and Thornton of Bibb:
A Resolution proposing an amendment to the Constitution so as to au thorize the governing authority of Bibb County to assess and collect license fees and taxes, both or either, from all persons, firms and cor porations conducting business in any area of Bibb County outside the incorporated limits of municipalities; and for other purposes.

536

JOURNAL OF THE HOUSE,

HB 384. By Mr. NeSmith of Meriwether:
A Bill to be entitled an Act to prohibit any person, firm or corporation, operating trucks or other vehicles engaged in hauling or carrying any type of gravel, crushed rock or stone, or any mixture containing the same, on the public roads of this State, without having taken such pro tective measures to prevent the spilling or discharge of such mixture therefrom; and for other purposes.

HB 385. By Messrs. Fleming, Fuqua and Hull of Richmond:
A Bill to be entitled an Act to repeal an Act entitled "An Act to incor porate the village of Nellieville," relating to the Commissioners; and for other purposes.

HB 386. By Mr. Phillips of Bibb:
A Bill to be entitled an Act to amend an Act creating and establishing a Board of Funeral Service, so as to change the definition of an "ap prentice"; to change the definition of the words "Funeral Directing"; and for other purposes.

HB 387. By Mr. Twitty of Mitchell:
A Bill to be entitled an Act to amend an Act creating the Ordinaries' Retirement Fund of Georgia; and for other purposes.

HB 388. By Messrs. Poole of Pickens, McCutchen of Gilmer, Young of Turner, Duncan of Fannin, McDonald of White, Walker of Telfair and Akins of Union:
A Bill to be entitled an Act to provide that before any motor vehicle is registered or a license issued therefor, the Revenue Commissioner shall require a certificate of insurance to be filed in his office showing that said vehicle is covered by a motor vehicle liability insurance policy; and for other purposes.
HB 389. By Mr. Barber of Jackson:
A Bill to be entitled an Act to validate and declare legal the creation and establishment of housing authorities, all bonds, contracts, agree ments, notes, obligations and undertakings of said housing authorities and all proceedings, acts and things heretofore undertaken, performed or done with reference thereto, and to declare said housing authorities bodies corporate and politic; and for other purposes.
SB 17. By Senators Sanders of the 18th, Jones of the 23rd, Kelly of the 35th, Towson of the 16th and Gardner of the 47th:
A Bill to be entitled an Act to provide a salary scale for Sheriffs; and for other purposes.

SB 41. By Senators Whisnant of the 25th, Jackson of the 24th and Knox of the 54th:
A Bill to be entitled an Act to amend an Act authorizing the chartering of corporations, so as to provide the procedure to be followed in prepar-

THURSDAY, FEBRUARY 2, 1961

537

ing instruments which convey an interest in real property by corpora tions within this State; and for other purposes.

SB 52. By Senator Sanders of the 18th:
A Bill to be entitled an Act to amend an Act, known as "The Old Age Assistance Act," as amended, so as to change the definition of "Assist ance" under this Act; and for other purposes,

SB 56. By Senators Sanders of the 18th and Gardner of the 47th:
A Bill to be entitled an Act to amend an Act revising the laws of Geor gia relating to discovery, dispositions, and interrogatories so as to define the method of service of notices, orders, subpoenas and other papers; and for other purposes.

SB 59. By Senators Sanders of the 18th and Gardner of the 47th:
A Bill to be entitled an Act to amend Code Sec. 110-401 of the Code, as amended, relating to judgments by default, so as to redefine the situa tions in which damages must be established . . .; and for other purposes.

SB 70. By Senator Gardner of the 47th:
A Bill to be entitled an Act to clarify, simplify and conform the proce dure in certiorari proceedings to that prevailing in ordinary civil cases as to appearance day; and for other purposes.

SB 74. By Senator Braly of the 38th:
A Bill to be entitled an Act to amend an Act entitled "An Act to au thorize the State Board of Health to make and promulgate reasonable rules and regulations for the protection of the health and lives of in mates and patients of hospitals, so as to require certain procedures when a hospital has on its staff a Doctor of Osteopathy; and for other pur poses.

SB 76. By Senators White of the 39th and Brown of the 52nd:
A Bill to be entitled an Act to require every person licensed to practice chiropractic, podiatry (chiropody), dentistry, medicine and surgery, optometry, and osteopathy under the provisions of Title 84 of the Georgia Code to display his license; and for other purposes.

SB 87. By Senator Staples of the 37th:
A Bill to be entitled an Act to amend an Act creating the Office of Tax Commissioner of Carroll County, as amended, so as to provide for a change in the yearly salary of the Tax Commissioner; and for other purposes.

SR 35. By Senators Knox of the 54th and Grayson of the 1st:
A Resolution paying tribute to the Mayors and other Municipal Officials and employees; and for other purposes.

538

JOURNAL OF THE HOUSE,

The following report of the Committee on Rules was read and adopted:

Thursday, February 2, 1961

Mr. Speaker:

Your Committee on Rules met and fixed the calendar for today's business, Thursday, February 2, 1961, and submits the following:

1. HB

22. Teachers' Retirement, amend

2. HB

53. Automobile Title Law

3. HB

62. Minimum Foundation Program, funds

4. HB 104. Race on highway, unlawful

5. HB 151. Applications for letters of Administration, amend

6. HB 197. Adoption Laws Revised

7. HB 243. Practice of Law, requirements

8. HB 246. Escape from confinement, punishment

9. HB 247. Relating to escape, amend

10. HB 254. Trust estates, create

11. HB 263. Compulsory school attendance, repeal

12. HB 292. Power of eminent domain, procedure

13. HB 293. Power of eminent domain, special master

14. HR 111-297. Appropriation Control, amendment

15. HB 316. Collection Agencies, licensing

16. HB 345. Control Alcoholic Beverages, special license

17. HB 343. Department of Public Health, Title to land

18. HB

48. Forbid death penalty under certain age

19. HR 65-171. Governors to succeed themselves

20. HB 294. Condemnation of private property

The Speaker shall have the right to call the above Bills and Resolutions in any order which he may desire.
Respectfully submitted,
Twitty of Mitchell, Vice-Chairman.
Undercofler of Sumter, Secretary.

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

THURSDAY, FEBRUARY 2, 1961

539

SB 34. By Senators Sanders of the 18th and Grayson of the 1st:
A Bill to amend an Act establishing the State Employees' Retirement System, so as to provide for the stability of survivor benefits; to repeal conflicting laws; and for other purposes.

SB 39. By Senators Knox of the 54th and Sanders of the 18th:
A Bill to amend Code Section 91-105, relating to the use of the Capitol Building and grounds, so as to provide for the use of space in the Cap itol Building; to repeal conflicting laws; and for other purposes.

SB 86. By Senators Knox of the 54th and Sanders of the 18th:
A Bill to amend an Act creating the "Georgia Real Estate Investment Board," approved March 23, 1960 (Ga. Laws 1960, p. 1154), so as to prescribe conditions under which application fees shall be refundable; to remove the provisions relating to expiration; to repeal conflicting laws; and for other purposes.

HB 106. By Mr. Paris of Barrow:
A Bill to amend an Act relating to receiving stolen goods so as to pro vide that the buyer or receiver may be tried without the necessity of the principal thief having been convicted, if the principal thief is under seventeen years of age or is insane; and for other purposes.

HB 168. By Messrs. Twitty and Collins of Mitchell and others:
A Bill to amend an Act so as to determine membership and conditions of membership in Division "A" of said Act for those eligible employees of the State Department of Corrections relating to Retirement; and for other purposes.

HB 169. By Messrs. Twitty of Mitchell, Kirkland of Tattnall and others:
A Bill which supercedes and consolidates laws relating to the State Board of Corrections and related facilities, so as to provide that the Di rector of the State Board of Corrections shall act for the Department for and in compliance to any retirement provisions for the employees and officials of said Department; and for other purposes.

The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has adopted Resolutions of the House, to wit:

HR 118. By Mr. Smith of Emanuel:
A Resolution expressing appreciation to Honorable Ed Hiles and the Georgia Savings and Loan League; and for other purposes.
HR 117. By Mr. Smith of Emanuel:
A Resolution inviting Miss Lynda Joy Lackey, National Maid of Cotton, to appear before the House and Senate; and for other purposes.

540

JOURNAL OP THE HOUSE,

Mr. Hall of Floyd County, Chairman of the Committee on Education, sub mitted the following report:
Mr. Speaker:
Your Committee on Education 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 126. Do Pass, by Substitute.
Respectfully submitted,
Hall of Floyd, Chairman.

Mr. Underwood of Montgomery 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 Resolution of the House and has instructed me, as Chairman, to report the same back to the House with the following recommendations:
HB 330. Do Pass. HB 331. Do Pass. HB 332. Do Pass. HB 333. Do Pass. HB 335. Do Pass. HB 337. Do Pass. HB 338. Do Pass, as Amended. HB 342. Do Pass. HB 346. Do Pass. HB 350. Do Pass. HB 351. Do Pass. HB 352. Do Pass. HB 353. Do Pass. HB 354. Do Pass. HB 355. Do Pass. HB 356. Do Pass. HB 357. Do Pass. HR 123-348. Do Pass.
Respectfully submitted, Underwood of Montgomery, Chairman.

THURSDAY, FEBRUARY 2, 1961

541

Mr. Twitty of Mitchell County, Vice-Chairman of the Committee on Rules, submitted the following report:

Mr. Speaker:

Your Committee on Rules has had under consideration the following Resolu tion of the House and has instructed me, as Vice-Chairman, to report the same back to the House with the following recommendation:

HR 137. Do Pass.

Respectfully submitted,

Twitty of Mitchell, Vice-Chairman.

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

Mr. Speaker:

Your Committee on State of Republic has had under consideration the follow ing Bills of the House and Senate and has instructed me, as Chairman, to report the same back to the House with the following recommendations:

SB 35. Do Pass, as Amended.

HB 15. Do Not Pass.

HB 221. Do Pass.

Respectfully submitted,

McCracken of Jefferson, Chairman.

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

SB 34. By Senators Sanders of the 18th and Grayson of the 1st:
A Bill to be entitled an Act to amend an Act establishing the State Em ployees' Retirement System, so as to provide for the stability of survivor benefits; and for other purposes.
Referred to the Committee on State of Republic.

SB 39. By Senators Knox of the 54th and Sanders of the 18th:
A Bill to be entitled an Act to amend Code Section 91-105, relating to the use of Capitol Building and grounds, so as to provide for the use of space in the Capitol Building; and for other purposes.
Referred to the Committee on State Institutions and Property.

SB 86. By Senators Knox of the 54th and Sanders of the 18th:
A Bill to be entitled an Act to amend an Act creating the "Georgia Real Estate Investment Board," so as to prescribe conditions under which application fees shall be refundable; to remove the provisions relating to expiration; and for other purposes.
Referred to the Committee on Industry.

542

JOURNAL OF THE HOUSE,

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

HR 123-348. By Messrs. Dickey, Funk and Crawford of Chatham:
A Resolution authorizing and directing the State Librarian to furnish certain law books for the Eastern Judicial Circuit; 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 118, nays 0.

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

HB 330. By Messrs. Hodges and Parker of Ware:
A Bill amending the charter of the City of Waycross, and creating a Board of Tax Assessors; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill,

was agreed to.

On the passage of the Bill, the ayes were 118, nays 0.

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

HB 331. By Mr. Vaughn of Rockdale:
A Bill increasing the compensation of the Commissioner of Roads and Revenues of Rockdale County; and for other purposes.

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

On the passage of the Bill, the ayes were 118, nays 0.

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

HB 332. By Mr. Vaughn of Rockdale:
A Bill changing the compensation of the Sheriff of Rockdale 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 118, nays 0. The Bill, having received the requisite constitutional majority, was passed.

THURSDAY, FEBRUARY 2, 1961

543

HB 333. By Mr. Vaughn of Rockdale:
A Bill placing the Ordinary of Rockdale County on a salary basis in lieu of a fee basis; and for other purposes.

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

On the passage of the Bill, the ayes were 118, nays 0.

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

HB 334. By Messrs. Raulerson of Echols, Hurst of Quitman and Fitzgerald of Long:
A Bill providing for the appointment of jury commissioners in counties of 4,200 population and less; and for other purposes.

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

On the passage of the Bill, the ayes were 118, nays 0.

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

HB 335. By Mr. Andrews of Stephens:
A Bill incorporating the City of Toccoa, providing for the hours of vot ing and the disposition of the ballots after election; 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 118, nays 0.

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

HB 337. By Mr. Parker of Screven:
A Bill creating the City Court of Sylvania, so as to change the provi sions relating to the salaries of the Judge and Solicitor of said court; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 118, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 342. By Messrs. Morris and Branch of Tift: A Bill incorporating the town of Ty Ty; and for other purposes.

544

JOURNAL OF THE HOUSE,

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

On the passage of the Bill, the ayes were 118, nays 0.

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

HB 346. By Mr. Parker of Appling:
A Bill changing the compensation of members of the Board of Commis sioners of Roads and Revenues of Appling 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 118, nays 0.

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

HB 350. By Messrs. Coker and Abney of Walker:
A Bill creating the office of Commissioner of Roads and Revenues for the County of Walker, providing for a County Attorney; and for other purposes.

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

On the passage of the Bill, the ayes were 118, nays 0.

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

HB 351. By Mr. Rowland of Johnson:
A Bill providing that in certain counties, the Board of County Commis sioners shall have the power and authority to pay out of county funds a monthly expense allowance of $100.00 to the Sheriff of said county to be used to mitigate expenses incurred by said Sheriff in connection with official duties; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 118, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 352. By Mr. Rowland of Johnson:
A Bill providing that the tax receiver in certain counties shall be paid from ad valorem school tax collected for the County Board of Education a commission of one and one-half percent of the net amount collected by the county tax collector; and for other purposes.

THURSDAY, FEBRUARY 2, 1961

545

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

On the passage of the Bill, the ayes were 118, nays 0.

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

HB 353. By Mr. Rowland of Johnson:
A Bill providing that the tax collector in certain counties shall be paid from ad valorem school taxes collected for the county board of Education a commission of three and one-half percent of the net amount collected by him; and for other purposes.

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

On the passage of the Bill, the ayes were 118, nays 0.

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

HB 354. By Mr. Rowland of Johnson: A Bill providing that in certain counties the tax collectors shall be en titled to a commission of 10% on all collections in excess of 80% of the total taxes due; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 118, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 355. By Messrs. Bolton and Melton of Spalding: A Bill authorizing the Commissioners of Roads and Revenues of Spald ing County to designate a banking institution as a depository of county funds, so as to change the maximum amount of annual compensation that said Commissioner of Roads and Revenues shall be authorized to pay the county depository by agreement with the depository; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 118, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 356. By Mr. Bolton of Spalding: A Bill establishing a City Court of Griffin; and for other purposes.

546

JOURNAL OP THE HOUSE,

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

On the passage of the Bill, the ayes were 118, nays 0.

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

HB 357. By Mr. Bolton of Spalding:
A Bill authorizing and fixing the salaries and compensation of the Commissioners of Roads and Revenues of Spalding County; and for other purposes.

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

On the passage of the Bill, the ayes were 118, nays 0.

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

HB 338. By Mr. Parker of Screven:
A Bill providing that in all counties having a population of not less than 14,560 not more than 15,200, the Court of Ordinary shall have authority to issue warrants in misdemeanor traffic violations; and for other purposes.

The following committee amendment was read and adopted:
The Committee on Local Affairs moves to amend HB 338 as follows:
By striking the word "discretion" in Section 1 of said Bill and inserting in lieu thereof the word "request."

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 118, nays 0.

The Bill, having received the requisite constitutional majority, was passed, as amended.

Under the general 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 104. By Messrs. Sangster of Dooly, Underwood of Montgomery, Lowrey of Floyd and many others:
A Bill providing that it shall be unlawful for any person to operate a motor vehicle upon the public highways of this state so as to race or engage in a contest of speed; and for other purposes.

THURSDAY, FEBRUARY 2, 1961

547

The following committee amendment was read and adopted:
The Committee on Motor Vehicles moves to amend HB 104 by strik ing Section 1 in its entirety and inserting in lieu thereof a new Section to read as follows:
Section 1. An Act known as the Uniform Act Regulating Traffic on Highways approved January 11, 1954 (Ga. Laws 1953, Nov.-Dec. Sess., p. 556), as amended, particularly by an Act approved March 17, 1959 (Ga. Laws 1959, p. 303), is hereby amended by striking Subsection (e) of Section 48 and inserting in lieu thereof a new Subsection (e) which shall read as follows:
"(e) It shall be unlawful for any person except an officer in the performance of his duty, to wilfully operate a motor vehicle, motorcycle, motor-driven cycle or any other vehicle upon the public highways, roads or streets of this State in such a manner so as to race or otherwise engage in a contest of speed with any other motor vehicle, motorcycle, motor-driven cycle, or vehicle, or to test the speeds of such motor vehicle, motorcycle, motor-driven cycle or other vehicle with any timing device or any other device used to test the speed of such vehicles. Any person violating the provisions of this Subsection shall be guilty of a felony and upon conviction, upon a plea of guilty or upon a plea of nolo contendere shall be sentenced to serve a period of time in a penal institution in this States other than a jail, for not less than one year nor more than five years."
and said Act is further amended by striking Section 2 in its entirety and inserting in lieu thereof a new Section 2 to read as follows:
Section 2. Said Bill is further amended by striking Subsection (e-1) of Section 48 in its entirety and inserting in lieu thereof a new Subsection to be known as Subsection (f) which shall read as follows:
"(f) It shall be unlawful for any person, except an officer in the performance of his duty, to be a passenger or occupant in a motor vehicle, motorcycle, motor-driven cycle, or other vehicle upon the public highways, roads and streets of this State that is engaged in a race or contest of speed with any other motor vehicle, motor cycle, motor-driven cycle or other vehicle, or while the speed of such motor vehicle, motorcycle, motor-driven cycle or vehicle is being tested upon the public highways, roads or streets of this State with any timing device or any other device used to test the speed of such vehicles. Any person violating the provision of this Sub section shall upon the first conviction, be guilty of a misdemeanor and shall be punished as provided by law. Any person violating the provision of this Subsection shall upon any subsequent conviction be guilty of a felony and shall be sentenced to serve a period of time in a penal institution in this State, other than a jail, for not less than one year nor more than five years."
The following amendment to the Committee amendment was read and adopted:

Mr. Murphy of Haralson moves to amend the Committee amendment as follows:
By striking the words "or enters a plea of nolo contendere" from sub-section 'h' wherever same appears therein.

548

JOURNAL OF THE HOUSE,

The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to, as amended.

On the passage of the Bill, the ayes were 111, nays 0.

The Bill, having received the requisite constitutional majority, was passed, as amended.

HB 246. By Messrs. Flexer of Glynn, Paris of Barrow, McCracken of Jefferson and many others:
A Bill amending Section 26-4507 of the 1933 Code relating to the penalty for escape from confinement, and for other purposes.

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

On the passage of the Bill, the ayes were 108, nays 0.

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

HB 247. By Messrs. Flexer of Glynn, Paris of Barrow, McCracken of Jefferson, and many others:
A Bill relating to escapes, so as to eliminate the provision that a per son be convicted for the crime for which arrested before being guilty under 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 108, nays 1.

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

HB 345. By Mr. Dicus of Muscogee:
A Bill amending an Act known as the "Revenue Tax Act to Legalize and Control Alcohol Beverages and Liquors", and for other purposes.

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

The previous question was ordered.

The main question was ordered.

On the passage of the Bill, the ayes were 96, nays 54.

The Bill, having failed to receive the requisite constitutional majority, was lost.

THURSDAY, FEBRUARY 2, 1961

549

Mr. Dicus of Muscogee served notice that at the proper time, he would ask that the House reconsider its action in failing to pass HB 345.

HB 197. By Mr. Vaughn of Rockdale:
A Bill amending an Act known as "Adoption Laws Revised", so as to provide that consent of the father to let his minor child be adopted by another person shall not be required, and for other purposes.

The report of the committee, which was favorable to the passage of the Bill, was agreed to.

The previous question was ordered.

The main question was ordered.

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

Those voting in the affirmative were Messrs.:

Abney Adams Akins Arnsdorff Barnett of Wilkes Barnett of Baker Birdsong Blalock Boggs Bolton Boyett Bozeman Brackin Branch Brooks of Fulton Brown Budd Caldwell Chance Chandler Clark of Catoosa Clarke of Monroe Cloer Cocke Coker Collins Cox Crowe Da vis Dickey Dollar Dorminy Doster Duncan of Fannin

Duncan of Carroll Dunn Fleming Flexer Floyd Flynt Fowler of Douglas Funk Hale Hall of Lee Hall of Floyd Harrell Henderson Hill Hodges Horton Howard Hull Johnson Joiner Jones of Liberty Jones of Sumter Jordan Keadle Keyton Kidd Killian King Kirkland Knight of Berrien Lee Lewis Loggins Mackay

Massee Matthews of Clarke Matthews of Colquitt McClelland McCracken McCutchen McDonald Melton Milhollin Miller Mixon Moore Morgan Morris Moss NeSmith Newton Otwell Pannell Paris Parker of Screven Parker of Ware Payton Pelham Phillips of Bibb Poole Potts Purcell Ray Roberts Rodgers of Charlton Roper Ross Rowland

550

JOURNAL OF THE HOUSE,

Rutland Sangster Scarborough Scoggin Simmons Sinclair Smith of Fulton Smith of Habersham Steis Story

Strickland Stuckey Summers Tabb Taylor of Bibb Todd Tucker Twitty Underwood of
Montgomery

Underwood of Taylor Vaughn Waldrop Walker of Telfair Ware Watson Wilkes Williams of Coffee Woodward Young

Those voting in the negative were Messrs.

Carswell Greene

Murphy Odom

Tamplin

Those not voting were Messrs.:

Andrews of Stephens Andrews of Hall Ballard Barber Barrett Baughman Black Bowen of Randolph Bowen of Toombs Brooks of Oglethorpe Busbee Bynum Conner Crawford Culpepper Been Dicus Echols Fitzgerald Fordham Fowler of Treutlen Fuqua Hurst

Jernigan Jones of Worth Jones of Lumpkin Kelly Killingsworth Kimmons Knight of Laurens Lane Lanier Lokey Lovett Lowrey McGarity Moate Moorman Mullis Parker of Appling Farmer Phillips of Columbia Phillips of Walton Pickard Raulerson Rogers of Paulding

Sheffield Shuman Simpson Singer Simth of Grady Smith of Brantley Smith of Whitfield Stevens Taylor of Dawson Taylor of Decatur Teague Thornton Undercofler Walker of Lowndes Wells of Peach Wells of Oconee Wells of Camden White Wickham Williams of Hall Willingham Wilson Mr. Speaker

On the passage of the Bill, the ayes were 131, nays 5.
The Bill, having received the requisite constitutional majority, was passed.
HB 316. By Mr. Twitty of Mitchell: A Bill providing for the licensing of Collection Agencies in Georgia, and for other purposes.
The following amendments were read and adopted: Mr. Twitty, of Mitchell, moves to amend HB 316 by striking from
Section 19 thereof the sentence "Such written notice shall be served or delivered personally to the applicant or licensee." and substituting in lieu thereof the following sentence:

THURSDAY, FEBRUARY 2, 1961

551

"Such written notice may be mailed, by registered or certified mail, to the applicant or licensee at his address as shown on the application or records of the Board."
so that said Section when so amended shall read as follows:
Section 19
Charges against licensee or applicant; notice; hearing; subpoena.-- The Board shall, before denying an application for license or before revoking any license, and at least 10 days prior to the date set for hear ing, notify in writing the applicant or the holder of such license of any charges made, and shall afford said applicant or licensee an oppor tunity to be heard, in person or by counsel, in reference thereto. Such written notice may be mailed, by registered or certified mail, to the applicant or licensee at his address as shown on the application or records of the Board. The hearing of said charges shall be at such time and place as the Board shall prescribe within the county in which the respondent has its principal place of business, or if respondent is a non-resident of Georgia, at the State Capitol. The Board shall have power to subpoena and bring before it any person in this State, or take testimony of any such person by depositions, with the same fees and mileage and in the same manner as prescribed by law in judicial procedure in the courts of this State in civil cases. In case of dis obedience to a subpoena, any member of the Board may invoke the aid of the superior court of competent jurisdiction in requiring the attend ance and testimony of witnesses and the production of papers; and such court may issue an order requiring the persons to appear before the Board and give evidence or to produce papers as the case may be; and any failure to obey such order of the court may be punished by the superior court as a contempt thereof. The Georgia Collection Agency Board is declared to be a judicial body and the members and employees thereof are granted immunity from civil liability when acting in per formance of their duties as described in this law."
Mr. Twitty, of Mitchell, moves to amend HB 316 by striking sub section (d) of Section 8 in its entirety and substituting in lieu thereof the following:
"Common carriers and firms or associations which collect re funds from common carriers in behalf of their members and no part of the income of which accrues to the benefit of any individual, person or corporation."
so that said section when so amended shall read as follows:
Section 3
Law inapplicable when.--Nothing in this law shall apply to the collection of claims by the following:
(a) Attorneys at law.
(b) Bona fide employees of a creditor engaged in the collection of the creditor's claims in the name of the creditor as a part of the duties of such employment.
(c) Banks or savings and loan institutions.
(d) Common carriers and firms or associations which collect re funds from common carriers in behalf of their members and

552

JOURNAL OF THE HOUSE,

no part of the income of which accrues to the benefit of any any individual, person or corporation.
(e) Title insurers and abstract companies, while doing an escrow business.
( f) Duly licensed real estate brokers or agents while doing a real estate business.
(g) Persons, firms or corporations collecting rentals on real estate on behalf of the legal or equitable owners of such real estate."
Mr. Twitty of Mitchell moves to amend HB 316 by adding the fol lowing provision at the end of the first sentence of Section 9:
"provided that any person, firm, partnership, association, co partnership or corporation engaged in the business or capacity of a collection agency in this State at the time of the passage of this law and who maintains an office or place of business in this State wherein a record of all monies collected for residents of Georgia and remittances thereof is maintained shall be issued a license upon application therefor prior to June 30, 1961, and payment of the fees prescribed in Section 12 of this law."
so that said section as amended shall read as follows:
"Qualifications of applicants for license to act as collection agency; bond to be given.--Licenses shall be granted only to persons who are trustworthy and bear a good reputation for honesty and fair dealing who are competent to transact the business of a collection agency in such manner as to safeguard the interests of the public and only after satisfactory proof thereof has been presented to the Board, provided that any person, firm, partnership, association, co-partnership or cor poration engaged in the business or capacity of a collection agency in this State at the time of the passage of this law and who maintains an office or place of business in this State wherein a record of all monies collected for residents of Georgia and remittances thereof is maintained shall be issued a license upon application therefor prior to June 30, 1961, and payment of the fees prescribed in Section 12 of this law. No applicant shall be granted a license who does not maintain an office and place of business in the State of Georgia wherein a record of all monies collected for residents of Georgia and a record of remit tances thereof is maintained. Should any licensee cease to maintain such office in this State, such fact shall automatically without notice act as a cancellation of the license previously issued to such licensee.
Before any applicant may be granted a license as a collection agency, he or it shall give a fidelity bond in the amount of $5,000 for a larger agency or $2,500 for a smaller agency in which bond the appli cant collection agency and the surety are held and firmly bound to the Governor of the State of Georgia, in his official capacity as such and his successors in office; and the condition of this obligation is that the bond shall be subject to suit by action thereon by any person who shall sustain loss or damage resulting from any dishonest or fraudulent act of the collection agency or employees or agents thereof, and said bond shall be for the purpose of indemnifying any person who shall suffer loss or damage resulting from such dishonest or fraudulent act. Such bond shall be continuous in form and shall remain in force as long as the principal is licensed to do business. Should the bond of any

THURSDAY, FEBRUARY 2, 1961

553

licensee be cancelled, it will automatically revoke the license to do busi ness until such time as said bond is renewed or a new bond furnished in accordance with the provisions of this law.
Mr. Caldwell of Upson moves to amend HB 316 by adding a new sub-section H to Section 3 to read as follows:
"All Justices of the Peace duly elected or appointed shall be exempt from the provisions hereof."

Mr. Peyton of Coweta offered an amendment which was lost.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.

Since the amendments had not been printed and furnished to each member of the House, Mr. Twitty of Mitchell moved that the House suspend this rule for this date.

On the motion of Mr. Twitty to suspend the rule, the roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Birdsong Bolton Bowen of Randolph Branch Busbee Caldwell Collins Cox Crowe Deen Dorminy Fitzgerald Flynt Fowler of Treutlen Fuqua Greene Hall of Floyd

Henderson Hill Hodges Hcrton Joiner Jones of Worth Jones of Lumpkin Jones of Sumter Jordan Kirkland Knight of Berrien Lanier Lowrey Matthews of Clarke Melton Miller Mixon Moore

Morris Odom Paris Farmer Ray Scarborough Scoggin Sheffield Steis Twitty Undercofler Underwood of
Montgomery Walker of Lowndes Ware Young

Those voting in the negative were Messrs.:

Akins Barnett of Wilkes Barrett Black Boyett Brackin Budd Bynum Carswell Chance Chandler

Clarke of Monroe Cocke Crawford Culpepper Davis Dickey Dollar Dunn F lexer Floyd Hall of Lee

Harrell Keadle Kelly Keyton Kidd Lewis Loggins Mackay Massee Matthews of Colquitt McClelland

554

JOURNAL OF THE HOUSE,

McCutchen McGarity Morgan Moss Murphy NeSmith Parker of Ware Parker of Appling Payton Phillips of Bibb Poole Potts Rogers of Paulding

Ross Rutland Sangster Shuman Sinclair Smith of Brantley Smith of Fulton Smith of Habersham Story Summers Tamplin Taylor of Dawson Taylor of Bibb

Teague Thorntoii Tucker Underwood of Taylor Vaughn Waldrop Wells of Peach Wells of Oconee White Williams of Coffee Williams of Hall Wilson Woodward

Those not voting were Messrs. :

Adams Andrews of Stephens Andrews of Hall Arnsdorff Ballard Barber Barnett of Baker Baughman Blalock Boggs Bowen of Toombs Bozeman Brooks of Oglethorpe Brooks of Pulton Brown Clark of Catoosa Cloer Coker Conner Dicus Doster Duncan of Pannin Duncan of Carroll Echols Fleming Fordham Fowler of Douglas Funk

Hale Howard Hull
Hurst Jernigan Johnson Jones of Liberty Killian Killingsworth Kimmons King Knight of Laurens Lane Lee Lokey Lovett McCracken McDonald Milhollin Moate Moorman Mullis Newton Otwell Pannell Parker of Screven Parker of Appling Pelham

Phillips of Columbia Phillips of Walton Pickard Purcell Raulerson Roberts Rodgers of Charlton Roper Rowland Simmons Simpson Singer Smith of Grady Smith of Whitfield Stevens Strickland Stuckey Tabb Taylor of Decatur Todd Walker of Telfair Watson Wells of Camden Wickham Wilkes Willingham Mr. Speaker

On the motion to suspend the rule with reference to printing of amendments, the ayes were 50, nays 70.

Since the motion to suspend the rule was lost, the Speaker ordered the amendments printed and that the House would recess until 2:15 o'clock p.m. in order that the members could be furnished printed copies of the amendments to this Bill.

THURSDAY, FEBRUARY 2, 1961

555

February 2, 1961 2:15 o'clock p.m.

Pursuant to the Speaker's order with reference to the recess of the House, to print amendments to HB 316, he called the House to order.

By unanimous consent, further action on HB 316 and the amendments thereto, was postponed until February 20, 1961.

HB 53. By Messrs. Duncan of Carroll, Scoggin and Lowrey of Floyd and many others:
A Bill to be known as the "Motor Vehicle Certificate of Title Act", and for other purposes.

By unanimous consent, further action on HB 53 was postponed until Feb ruary 20, 1961.

HB 22. By Messrs. Cox and Matthews of Clarke: A Bill establishing a retirement system for teachers in the State Public Schools, and for other State supported schools; and for other purposes.
The report of the Committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 105, nays 0.

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

By unanimous consent, the following Resolution of the House was read and adopted:

HR 137. By Messrs. Steis of Harris, Harrell of Fayette, Summers of Crisp, and many others:
A RESOLUTION
Memorializing Congress to extend education benefits to certain vet erans; and for other purposes.
WHEREAS, Millions of veterans of World War II and of the Ko rean Conflict have been educated under the provisions of the Veterans Education Program established by the Federal Government; and
WHEREAS, Many veterans were able to obtain further education through the benefits of the Veterans Education Program which would not otherwise have been possible; and
WHEREAS, The education of millions of veterans has contributed to an increase in the educational level of this country and has produced a major national asset which has contributed much to the economy of this country; and

556

JOURNAL OP THE HOUSE,

WHEREAS, Reliable statistics have proved that increased income to veterans arising out of their higher education level will more than reimburse the national treasury of the entire cost of the GI training program by 1970; and
WHEREAS, The President of the United States, by executive order on January 31, 1955, stopped the educational benefits for persons serving in the Armed Forces of the United States after February 1, 1955; and
WHEREAS, It is believed that as long as the draft is continued that all persons serving in the Armed Forces should be extended the educational opportunities enjoyed by veterans serving prior to Febru ary 1, 1955; and
WHEREAS, It has been demonstrated that the investment in the education of such veterans will be more than repaid to the public treasury through increased taxes resulting from higher incomes of such veterans;
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OP GEORGIA that this body does hereby memorialize the Congress of the United States to extend GI educational benefits to all veterans who entered, or who enter, military services from and after February 1, 1955, and that such educational benefits be extended so long as the provisions of the draft law exist.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a copy of this Resolution to the presiding officers of both branches of the United States Congress and a copy to each member of the Georgia Congressional Delegation.

By unanimous consent, the following Resolution of the House was read and referred to the Committee on State of Republic:

HR 145. By Messrs. Twitty of Mitchell and Smith of Emanuel:
A RESOLUTION.
To provide for a commission to study the advisability of reapportioning representation in the General Assembly of Georgia among the counties of this State and to file a report of its findings and recom mendations with the next session of the General Assembly of Georgia, to be held in January, 1962, to provide for the organization, pay and expenses of such commission, and for other purposes.
WHEREAS, there has existed in the United States, since the dele gates met in Philadelphia to write a Constitution for the United States of America, a controversy as to whether representation in the govern ment should be upon a population basis or upon a geographical basis, and,
WHEREAS, it has always been a fundamental principle of Ameri can Government that regard be given to geographical representation with allowances for population within bounds which guarantee that no one small geographical sector of a whole State shall have the power to either destroy, injure or ignore the remaining sectors, and,
WHEREAS, in the State of Georgia there has been, within the last

THURSDAY, FEBRUARY 2, 1961

557

few years, a shift in population among the various counties of this State, and, there is today a demand on the part of some areas for a reappraisal and revision of the present allotment of representation in the General Assembly to the various counties,
NOW, THEREFORE, BE IT RESOLVED by the House of Rep resentatives, the Senate concurring, that a commission be appointed by the Governor, the Lieutenant Governor and the Speaker of the House of Representatives, to study this question and to report its findings and recommendations to the session of the Legislature, to be held in January, 1962, taking into consideration the fundamental principle of representation herein expressed.
BE IT FURTHER RESOLVED that this commission be composed of thirteen (13) members, and that five (5) of said members be ap pointed by the Speaker of the House from among the Members of the House of Representatives; that three (3) be appointed by the Lieu tenant Governor from among the members of the State Senate; and that five (5) be appointed by the Governor of the State of Georgia; and that the five (5) appointed by the Governor may either be mem bers of the Legislature or citizens of the State.
BE IT FURTHER RESOLVED that said commission be author ized to elect from its membership a chairman, and a vice chairman, and to employ a secretary, and such other assistants as may be needed, at such pay and allowances as it may see fit, for making the study and arriving at its conclusions, and that the expenses of said commission be paid out of the appropriations made for the operation of the Legis lature.
BE IT RESOLVED FURTHER that the members of said commis sion, during their actual service, be paid the same per diem as that paid Members of the Legislature.

By unanimous consent, the following Resolutions of the House were read and adopted:

HR 146. By Mr. Smith of Emanuel:
A RESOLUTION
Relative to Miss Lynda Joy Lackey, National Maid of Cotton; and for other purposes.
WHEREAS, the National Cotton Council of America has selected Miss Lynda Joy Lackey, 19 years old of Forrest, Mississippi, as the 1961 National Maid of Cotton; and
WHEREAS, the production, processing and manufacturing of cot ton continues to be one of the most important segments of the economy of this State and of the Nation; and
WHEREAS, Miss Lacey as "Cotton's Ambassador" will make many appearances throughout the World representing the American Cotton Industry; and
WHEREAS, Miss Lackey, who is a speech major at the University of Mississippi, has taken time from her busy schedule to honor the House of Representatives by her appearance, and this Body desires to

558

JOURNAL OF THE HOUSE,

honor Miss Lackey for her fine representation as National Maid of Cotton;
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that sincerest appreciation is hereby extended to the lovely and talented Miss Lynda Joy Lackey, National Maid of Cotton, for her appearance before the House of Representatives on Feb. 2, 1961.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a copy of this Resolution to Miss Lynda Joy Lackey.

HR 147. By Mr. Twitty of Mitchell:
A RESOLUTION
Relative to adjournment of the General Assembly; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA that the House and Senate adjourn at 1:30 o'clock P. M., Thurs day, February 2, 1961, until 10:00 o'clock A. M., Monday, February 20, 1961.

HR 152. By Mr. Twitty of Mitchell:
A RESOLUTION
To request that certain persons be granted continuances by the Judicial Officials of this State; and for other purposes.
WHEREAS, the General Assembly has adopted a Resolution to adjourn for a period from February 2, 1961 to February 20, 1961; and
WHEREAS, at the said end of adjournment time, the General Assembly will reconvene into regular Session; and
WHEREAS, the purpose of said adjournment is to allow the various standing committees of the General Assembly to adequately study the multitude of legislation assigned to said committees; and
WHEREAS, such study is considered as essential and necessary.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF GEORGIA that the members of all standing committees of the General Assembly are directed to meet and to seri ously consider and study all of the Bills assigned to such committees.
BE IT FURTHER RESOLVED that the members of the House of Representatives, while in attendance at said committee meetings, will be considered as in attendance as a legislator on the General Assembly.
BE IT FURTHER RESOLVED that the Judicial Officials of the State of Georgia, including but not limited to, Superior Court Judges, City and County Court Judges, and all other Judges of the Courts of this State are hereby respectively urged and requested to recognize and consider that the adjournment time from February 2, 1961 to Feb ruary 20, 1961, be a part of the official duties of the members of the General Assembly of Georgia and said Officials are further urged and requested to grant continuances to the officers and attorneys of their

THURSDAY, FEBRUARY 2, 1961

559

Courts that are members of the General Assembly of Georgia, in order that the advice and counsel of said attorney can be readily available from such members.

HR 153. By Mr. Twitty of Mitchell:
A RESOLUTION
Relative to committees and attaches of the House; and for other purposes.
BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that during the period from adjournment of the General Assembly on February 2, until February 20, the Appropriations Committee of the House is hereby authorized to work with the Appropriations Committee of the Senate and shall receive the compensation, per diem, expenses and allowances authorized. The Speaker and the Clerk are hereby authorized to keep their offices open and to provide for such aides, assistants, secretaries, clerical and other help as deemed necessary and such shall be compensated on the same basis as during the regular session. The Speaker is authorized to appoint such committees of the House as he deems advisable during the aforesaid period, and such committee members shall receive the compensation, per diem, expenses and allowances authorized.

HR 154. By Mr. Scoggin of Floyd:
A RESOLUTION
Relative to attaches of the House; and for other purposes.
BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that during the period of adjournment of the General Assembly from February 2, until February 20, 1961, the Floor Leader of the House is authorized to keep his office opened and to provide for such aids, assistance, secretaries, clerical, and other help as deemed necessary, who shall be compensated on the same basis as during the regular session.
HR 155. By Mr. Smith of Emanuel:
A RESOLUTION
Relative to the Concert by the Atlanta Symphony Orchestra; and for other purposes.
WHEREAS, the Atlanta Symphony Orchestra and its Conductor, Henry Sopkin, were to give a Concert for the members of the General Assembly February 6, 1961; and
WHEREAS, the General Assembly will not be in Session at that time but will reconvene on February 20, 1961;
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that deepest regrets are hereby expressed to the Atlanta Symphony Orchestra, to Conductor Henry Sopkin, and to all others who have made the necessary arrangements for the afore said Concert.

560

JOURNAL OF THE HOUSE,

BE IT FURTHER RESOLVED that the members of this House are in hopes that a new date may be set for a Concert after the General Assembly reconvenes on February 20, 1961.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a copy of this Resolution to Conductor Henry Sopkin.

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 147. By Messrs. Ray of Warren and Twitty of Mitchell:
A Resolution relative to adjournment of the General Assembly; and for other purposes.

Honorable Marvin Griffin was presented to the House by the Speaker and expressed his deep appreciation for this privilege.

Mr. Kimmons of Pierce arose to a point of personal privilege and addressed the House.

Mr. Twitty of Mitchell moved that the House agree to the Senate amend ment to the following Resolution of the House:
HR 147. By Messrs. Ray of Warren and Twitty of Mitchell:
A Resolution relative to adjournment of the General Assembly, and for other purposes.
The following Senate amendment to the House Resolution was read:
Senator Knox of the 54th moves to amend HR 147 by changing the figure 1:30 p.m. to read 3:00 p.m.
The Senate amendment was agreed to.
By unanimous consent, the following Resolutions of the House were read and referred to the Committee on Rules:
HR 156. By Messrs. Pickard of Muscogee and Chandler of Baldwin:
A RESOLUTION
Creating the Industry Study Committee; and for other purposes. WHEREAS, the population of the State of Georgia is ever in creasing; and
WHEREAS, with the expansion and development of industry within the south, Georgia must take all steps to assure her populus that it will derive its proportionate share of industrial development, so that her people will be employed; and

THURSDAY, FEBRUARY 2, 1961

561

WHEREAS, additional industry and development of tourist trade will bring more income to the people of Georgia and revenue to the State; and
WHEREAS, it is desirable that the Committee to study industry and promote the location of the same throughout the State be created.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created the Industry Study Committee which shall be composed of the members of the House Indus try Committee. Said Committee shall make the necessary studies and investigations to add, solicit and induce industrial development within the State of Georgia.
The Committee shall meet for the purpose of organizing, electing officers and determining the procedure for the study provided herein. In order to more adequately and efficiently perform its duties, the Com mittee 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 authorized for interim committees. The funds necessary for the purposes of this Resolution shall come from the funds appro priated to, or available to, the legislative branch of the government. The Committee shall make a report of its findings and recommenda tions to the 1962 Session of the General Assembly on or before January 15, 1962, 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 157. By Messrs. Brooks of Oglethorpe, Matthews of Clarke, and many others:
A RESOLUTION
WHEREAS, the Educational Study Committees of the 1960 accom plished outstanding results in educational field giving to the Legislature much vital and needed information to improve operation of the educa tional system; and
WHEREAS, the state expends over 50% of its tax funds in the field of education; and
WHEREAS, it was apparent to said Committees that a much broader analytical study should be made in order to coordinate proper solutions and to provide needed information to the members of the Legislature about vital problems in education.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the University System of Georgia Com mittee of the House be authorized to make such further studies and analyses of educational problems as is deemed necessary. The Chairman of said Committee shall have authority to assign individual members to such sub-committees as he deems necessary. Said Committee is au thorized to employ such professional and clerical assistance as it re quires and shall set their compensation and their necessary expense for supplies, etc. Said Committee is hereby authorized to make such trips as it deems necessary for a full and complete investigation and analyses of educational matters. The members of said Committee shall receive per diem and expenses as provided by Law for interim committees.

562

JOURNAL OF THE HOUSE,

The Committee shall have twenty (20) days per member for necessary meetings.

HR 158. By Messrs. Ballard of Newton, Purcell of Franklin, and many others:
A RESOLUTION
Creating a Highway Study Committee; and for other purposes.
WHEREAS, the subject of highway maintenance is one of great complexity and one which has achieved particular significance with the enactment of certain laws at the 1961 Session of the General Assembly; and
WHEREAS, it is a subject about which the General Assembly should receive complete and adequate information.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is hereby created the Highway Study Committee to be composed of eight (8) members, five (5) from the House, to be appointed by the Speaker; and three (3) from the Senate, to be appointed by the President. The Committee shall make a thorough study of the maintenance program which is now being administered by the State Highway Department in order to ascertain the results relative to the State Highway System. The rural roads system shall also be studied in order to ascertain whether proper main tenance of such roads is being made. The Committee shall seek to ascertain exactly what the needs are in order for all roads in this State to be put into first class condition and what is necessary in order to keep the roads in first class condition. The Committee shall ascertain the annual amount necessary to keep the roads in shape after the expenditure of the One Hundred Million ($100,000,000.00) Dollars in maintenance provided for at this Session. The State Highway Board and all officials and employees of the State Highway Department are hereby authorized and directed to make all records available to the Committee. All county and local officials are likewise authorized and directed to make all records available for inspection by the Committee. The Committee shall consult State, county and local officials, as well as other citizens having a knowledge of the Highway System and road maintenance in this State. The members of the Committee shall receive the compensation, per diem, expenses and allowances authorized for members of interim legislative committees. In order to perform their duties more efficiently, the Committee is hereby authorized to employ clerical help and set the compensation therefor. All funds necessary for carrying out the purposes of this Resolution shall come from the funds appropriated to or available to the legislative branch of the govern ment. The Committee shall make a report of its findings and recom mendations to the 1962 Session of the General Assembly on or before January 15, 1962, on which date the Committee shall stand abolished.
By unanimous consent, the following Resolutions of the House were read and adopted:
HR 159. By Mr. Smith of Emanuel:
A RESOLUTION
Expressing appreciation to Honorable John J. Flynt, Jr.; and for other purposes.

THURSDAY, FEBRUARY 2, 1961

563

WHEREAS, Honorable John J. Flynt, Jr., a member of the United States House of Representatives from the Fourth Congressional Dis trict of Georgia, honored the General Assembly by his presence and took time out from his busy schedule to speak to a joint session on February 1, 1961; and
WHEREAS, he delivered a most inspiring message to the mem bers of the General Assembly;
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that sincerest appreciation is hereby ex pressed to Honorable John J. Flynt, Jr. for the fine speech which he delivered to the joint session of the House and Senate and for his able representation of the people of his District, State and Nation.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a copy of this Resolution to Honorable John J. Flynt, Jr.

HR 160. By Mr. Smith of Emanuel:
A RESOLUTION
Expressing appreciation to the Georgia Municipal Association; and for other purposes.
WHEREAS, Tuesday, January 31, 1961, was Mayors' Day in the General Assembly of Georgia and a large majority of the Mayors and other city officials of this State took time out from their busy schedules to honor the General Assembly with their presence; and
WHEREAS, on Tuesday evening, members of the General Assem bly were entertained at a most delightful reception and dinner by the Georgia Municipal Association under the capable direction of its Execu tive Director, Honorable Elmer George; and
WHEREAS, the cities and towns of this State have made great progress and have contributed immeasurably to the economy and wellbeing of the entire State;
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Mayors and the city officials of this State are hereby extended heartfelt thanks for honoring the Gen eral Assembly on Mayors' Day, and sincerest appreciation is hereby expressed to the Georgia Municipal Association and its Executive Director, Honorable Elmer George, for the reception and dinner as aforesaid:
BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a copy of this Resolution to Honorable Elmer George.
HR 161. By Mr. Smith of Emanuel:
A RESOLUTION
Expressing appreciation to Mayor William B. Hartsfield; and for other purposes.
WHEREAS, on Wednesday, February 1, 1961, the members of the General Assembly were conducted in a tour of the new Atlanta Munici-

564

JOURNAL OF THE HOUSE,

pal Terminal and were entertained at a most delightful luncheon by Mayor William B. Hartsfield and city officials of Atlanta; and
WHEREAS, the new Atlanta Terminal is the finest in the entire United States and is a wonderful example of the progress which has been made by the City of Atlanta; and
WHEREAS, the operation of the Atlanta Airport facilities bene fits not only Atlanta and the surrounding area, but the entire State of Georgia.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that sincerest appreciation is hereby ex tended to Mayor William B. Hartsfield, the City of Atlanta Officials, and all others who played a part in the tour and the luncheon for members of the General Assembly. This body also extends its congratu lations to Mayor Hartsfield and the City of Atlanta for their far sightedness in expanding airport facilities to keep pace with the modern age.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a copy of this Resolution to Mayor William B. Hartsfield.

The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following Bills and Resolutions of the House to wit:
HB 172. By Messrs. Phillips, Taylor and Thornton of Bibb:
A Bill to amend an Act relating to the procedure to be followed by persons desiring to change their name or their children's names, so as to provide for a new procedure; and for other purposes.

HB 189. By Messrs. Duncan of Carroll, Scoggin and Floyd and others:
A Bill to amend an Act providing a comprehensive vital statistics law, so as to change the provisions relating to the opening of sealed records; to prescribe the procedure for providing birth certificates for certain adopted children not born in the State of Georgia; and for other pur poses.

HR 126. By Mr. Smith of Emanuel:
A Resolution paying tribute to the Mayors and other Municipal Offi cials and employees; and for other purposes.

HR 131. By Mr. Smith of Emanuel:
A Resolution expressing appreciation to Dr. Edwin D. Harrison, Presi dent, Georgia Institute of Technology; and for other purposes.

THURSDAY, FEBRUARY 2, 1961

565

HR 143. By Mr. Twitty of Mitchell:
A Resolution creating a committee to make a study of matters relating to Insurance; and for other purposes.

By unanimous consent, the following Resolution of the Senate was taken up for consideration after having been favorably reported by the Committee:

SR 16. By Senator Jackson of the 24th:
A Resolution relating to excused absences from the public schools for those children acting as pages for the General Assembly during the school year, and for other purposes.

The following amendment was read and adopted:
Mr. Parker of Screven moves to amend SR 16 as follows:
By adding after the word "therefor" in the final clause of SR 16 the following: The day or days said child or children who serve as Pages of the General Assembly of Georgia shall be credited as present by the school in which said child or children is enrolled. The school authori ties of said county shall be notified of this action.

The Senate Resolution, was adopted, as amended.

Pursuant to HR 147, the hour of adjournment having arrived, the Speaker announced the House adjourned until Monday, February 20, 1961 at 10:00 o'clock a.m.

566

JOURNAL OP THE HOUSE,

Representative Hall, Atlanta, Georgia Monday, February 20, 1961

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

Prayer was offered by Elder John D. Durden, of Swainsboro, Georgia, pastor of the Upper Lots Creeks Church, Portal, Georgia, and the Friendship Church, Irwinton, Georgia, and who is founder of the Primitive Baptist Builders, which assists in building new churches where no church exists.

The roll call was ordered and the following members of the House answered to their names:

Abney Adams Akins Andrews of Stephens Andrews of Hall Arnsdorff Ballard Barber Barnett of Wilkes Barnett of Baker Barrett Baughman Birdsong Black Blalock Boggs Bowen of Toombs Boyett Bozeman Brackin Branch Brooks of Oglethorpe Brooks of Fulton Brown Busbee Bynum Caldwell Carswell Chance Chandler Clark of Catoosa Clarke of Monroe Cloer Cocke Collins Conner Cox Crowe Culpepper Davis Been

Dicus Dollar Dorminy Doster Duncan of Fannin Duncan of Carroll Dunn Echols Fitzgerald Fleming Flexer Floyd Flynt Fordham Fowler of Douglas Fowler of Treutlen Funk Fuqua Greene Hale Hall of Lee Hall of Floyd Harrell Henderson Hill Hodges Horton Howard Hull Hurst Jernigan Johnson Joiner Jones of Liberty Jones of Worth Jones of Lumpkin Jones of Sumter Jordan Keadle Kelly Keyton

Kidd Killian Killingsworth Kimmons Kirkland Knight of Laurens Knight of Berrien Lane Lanier Lee Lewis Loggins Lokey Lovett Lowrey Massee Matthews of Clarke Matthews of Colquitt McClelland McCracken McCutchen McGarity Milhollin Miller Mixon Moate Moore Moorman Morgan Morris Moss Mullis Murphy NeSmith Newton Odom Otwell Pannell Paris Parker of Screven Parker of Ware

MONDAY, FEBRUARY 20, 1961

567

Parker of Appling Farmer Payton Pelham Phillips of Columbia Phillips of Walton Phillips of Bibb Pickard Poole Potts Purcell Raulerson Ray Roberts Rodgers of Charlton Rogers of Paulding Roper Ross Rowland Rutland Sangster Scoggin Shuman

Simmons Simpson Sinclair Singer Smith of Grady Smith of Brantley Smith of Habersham Smith of Whitfield Steis Stevens Story Strickland Summers Tabb Tamplin Taylor of Dawson Taylor of Decatur Taylor of Bibb Teague Thornton Todd Tucker Twitty

Undercofler Underwood of
Montgomery Underwood of Taylor Vaughn Waldrop Walker of Telfair Ware Watson Wells of Peach Wells of Oconee Wells of Camden White Wickham Wilkes Williams of Coffee Williams of Hall Willingham Wilson Woodward Young

Mr. Black of Webster, Chairman of the Committee on Auditing, Enrolling, Engrossing and Journals, reported that the Journal of the previous legislative day 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 uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions.

Mr. McCracken of Jefferson introduced Mrs. Martha Bryant, Program Direc tor of the Youth Association, and Mr. Jerry Bryant, State Director of the Youth Association to the House. Mr. McCracken also presented the Youth Association Governor, John Bargeron, who addressed the House.

The following report of the Committee on Rules was read and adopted:

568

JOURNAL OF THE HOUSE,

Mr. Speaker:

Your Committee on Rules met and fixed the calendar for today's business, Monday, February 20, 1961, and submits the following:

1. HB

48. Forbid death penalty under certain age

2. HB

53. Automobile Title Law

3. HR 46-113. Designate bridge, Russell

4. HR 60-151. Encourage Industry, exempt raw materials

5. HB 156. Reapportion members of House

6. HR 65-171. Governors to succeed themselves

7. HB 211. Salary garnished, employees State, County

8. HB 220. Cost of relocating water facilities, Highway Dept.

9. HB 292. Power of eminent domain, procedure

10. HB 293. Power of eminent domain, special master

11. HB 294. Condemnation of private property

12. HR 111-297. Appropriation Control, amendment

The Speaker shall have the right to call the above Bills and Resolutions in any order which he may desire.
Respectfully submitted,
Twitty of Mitchell, Vice-Chairman.
Undercofler of Suniter, Secretary.

Mr. Twitty of Mitchell asked that the Rules be suspended for today in order that the Bills and Resolutions that were filed today could be read the first time and referred to the Committees.

The motion prevailed and the Speaker ordered that the Rules be suspended for today.

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

HB 415. By Mr. Keadle of Lamar:
A Bill to be entitled an Act to amend an Act creating the office of Tax Commissioner of Lamar County; and for other purposes.
Referred to the Committee on Local Affairs.

HR 144-415. By Mr. Twitty of Mitchell:
A Resolution confirming rules and regulations promulgated by the State Game and Fish Commission pursuant to the "Georgia Motorboat Num bering Act"; and for other purposes.
Referred to the Committee on Natural Resources.

MONDAY, FEBRUARY 20, 1961

569

HB 416. By Messrs. Barnett of Wilkes, Miller of Elbert and Odom of Dougherty:
A Bill to be entitled an Act to amend an Act relating to the salaries and fees of State House Officers and certain other officers, so as to provide that all county officers, whether appointed or elected, who receive fees and compensation other than or in addition to a salary, shall keep a daily account thereof; and for other purposes.
Referred to the Committee on State of Republic.

HB 417. By Messrs. Murphy of Haralson, Duncan of Carroll, Rogers of Paulding, Underwood of Taylor, Coker of Walker, Parker of Ware and Carswell of Wilkinson:
A Bill to be entitled an Act to provide that in all cases in which hereto fore a defendant would be sentenced to death by electrocution, it shall be mandatory upon the trial judge to direct that the defendant be sentenced to lime imprisonment in the State penitentiary; and for other purposes.
Referred to the Committee on Judiciary.

HB 418. By Mr. Busbee of Dougherty:
A Bill to be entitled an Act to amend an Act relating to marriage li censes; how granted, returned and recorded; and for other purposes.
Referred to the Committee on Hygiene and Sanitation.

HB 419. By Messrs. McGarity of Henry, Walker of Telfair, Moorman of Lanier, Woodward of Butts, Roberts of Jones, Underwood of Taylor and many others:
A Bill to be entitled an Act to provide for local option for sale and regu lation of fireworks; and for other purposes.
Referred to the Committee on Hygiene and Sanitation.

HB 420. By Messrs. Hall, Lowrey and Scoggin of Ployd:
A Bill to be entitled an Act to authorize the Clerk of the Superior Court and other proper officials to install and use microfilm photographic equipment in recording all records relating to any court cases, in certain counties; and for other purposes.
Referred to the Committee on Local Affairs.
HB 421. By Messrs. Hall, Lowrey and Scoggin of Floyd:
A Bill to be entitled an Act to amend an Act which creates the office of Tax Commissioner of Floyd County, so as to change the compensation accruing to the office of Tax Commissioner; and for other purposes.
Referred to the Committee on Local Affairs.
HB 422. By Messrs. Hall, Lowrey and Scoggin of Floyd:
A Bill to be entitled an Act to provide for the compensation of the Treasurer of Floyd County; and for other purposes.
Referred to the Committee on Local Affairs.

570

JOURNAL OF THE HOUSE,

HB 423. By Messrs. Hall, Lowrey and Scoggin of Floyd:
A Bill to be entitled an Act to amend an Act to provide for the mode and amount of compensation accruing to the offices of Clerk of the Superior Court, Clerk of the City Court, Sheriff and Comptroller of Floyd County; and for other purposes.
Referred to the Committee on Local Affairs.

HB 424. By Messrs. Scoggin, Hall and Lowrey of Floyd:
A Bill to be entitled an Act to create the Rome-Floyd County Industrial Development Authority; and for other purposes.
Referred to the Committee on Local Affairs.

HB 425. By Messrs. Hall, Lowrey and Scoggin of Floyd:
A Bill to be entitled an Act to fix the compensation of and for members of the Board of Roads and Revenues of Floyd County, to restrict and limit their expense account; and for other purposes.
Referred to the Committee on Local Affairs.
HB 426. By Messrs. Hall, Lowrey and Scoggin of Floyd:
A Bill to be entitled an Act to amend an Act providing for the compen sation of the members of the County Board of Education of Floyd County; and for other purposes.
Referred to the Committee on Local Affairs.
HB 427. By Messrs. Busbee and Odom of Dougherty:
A Bill to be entitled an Act to amend an Act creating and establishing a new charter for the City of Albany, relating to registration books and voters; and for other purposes.
Referred to the Committee on Local Affairs.
HB 428. By Mr. Rogers of Charlton:
A Bill to be entitled an Act to provide for the districting of Charlton County into fire protection districts; and for other purposes.
Referred to the Committee on Local Affairs.
HB 429. By Mr. Twitty of Mitchell: A Bill to be entitled an Act to amend an Act establishing the State Em ployees' Retirement System; and for other purposes.
Referred to the Committee on State of Republic.
HB 430. By Messrs. Matthews and Cox of Clarke: A Bill to be entitled an Act to authorize the Mayor and Council of this City of Athens to close that portion of Cloverhurst Avenue between Bax ter Street and Finley Street in said City; and for other purposes.
Referred to the Committee on Local Affairs.

MONDAY, FEBRUARY 20, 1961

571

HB 431. By Mr. Otwell of Forsyth:
A Bill to be entitled an Act to amend an Act providing a new charter for the City of Gumming, so as to change the corporate limits; and for other purposes.
Referred to the Committee on Local Affairs.

HB 432. By Mr. McClelland of Fulton:
A Bill to be entitled an Act to amend an Act prohibiting false wholesale advertising and misrepresenting the true nature of business; defining the term "wholesale" as used in the Act; prohibiting any person, firm, association, or corporation from misrepresenting true ownership of a business for the purpose of liquidation sale, auction sale, or other sale which represents that said firm is going out of business; and for other purposes.
Referred to the Committee on Industry.

HB 433. By Messrs. Lanier of Candler, Matthews and Newton of Colquitt, Fowler of Douglas, Bowen of Toombs, Cox of Clark, Johnson of Jenkins and Ray of Warren:
A Bill to be entitled an Act to be known as the "Georgia Agricultural Commodities Promotion Act"; and for other purposes.
Referred to the Committee on Agriculture. (Engrossed)

Mr. Lanier of Candler asked that HB 433 be engrossed.

The motion to engross prevailed and the Speaker ordered HB 433 engrossed.

HB 434. By Messrs. Mackay, Howard and Rutland of DeKalb:
A Bill to be entitled an Act to amend an Act to provide for the listing and adoption of textbooks for use in the public schools in this State and to prescribe the duties of the State Board of Education with reference thereto; and for other purposes.
Referred to the Committee on Education.

HB 435. By Messrs. Williams and Andrews of Hall:
A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Roads and Revenues for Hall County; and for other pur poses.
Referred to the Committee on Local Affairs.

HB 436. By Messrs. Brooks, Smith and McClelland of Fulton:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Fairburn, so as to close certain streets; and for other purposes.
Referred to the Committee on Local Affairs.

572

JOURNAL OF THE HOUSE,

HB 437. By Messrs. Pickard, Dicus and Wickham of Muscogee:
A Bill to be entitled an Act to confer upon counties the right and power to condemn private property and any right or rights therein for the purpose of small watershed projects and for watershed protection and flood control and for public parks and public recreational facilities, etc.; and for other purposes.
Referred to the Committee on Judiciary.

HB 438. By Messrs. Pickard, Dicus and Wickham of Muscogee:
A Bill to be entitled an Act to confer upon Muscogee County the right and power to condemn private property and any right or rights therein for the purpose of small watershed projects and watershed protection and flood control and for public parks and public recreational facilities to be developed in connection with the development or construction of any such project and for ways of ingress thereto and engress there from; and for other purposes.
Referred to the Committee on Local Affairs.

HB 439. By Mr. Stuckey of Dodge:
A Bill to be entitled an Act to amend an Act to change from the fee system to the salary system in the County of Dodge, the sheriff of said county and the Clerk of the Superior Court; and for other purposes.
Referred to the Committee on Local Affairs.
HB 440. By Mr. Stuckey of Dodge:
A Bill to be entitled an Act to amend an Act to change from the fee system to the salary system in the County of Dodge, the Sheriff and the Clerk of the Superior Court; and for other purposes.
Referred to the Committee on Local Affairs.

HB 441. By Messrs. Rutland, Mackay and Howard of DeKalb:
A Bill to be entitled an Act to amend an Act establishing a Minimum Foundation Program for Education so as to provide a method of deter mining the local financial ability of certain portions of Fulton and DeKalb Counties; and for other purposes.
Referred to the Committee on Education.
HB 442. By Messrs. Lanier of Candler, Conner of Jeff Davis, Matthews of Colquitt and Newton of Colquitt:
A Bill to be entitled an Act to authorize the organization of Tobacco Boards of Trade and to provide their membership, powers, duties and authority; and for other purposes.
Referred to the Committee on Agriculture.
HB 443. By Mr. Stuckey of Dodge:
A Bill to be entitled an Act to amend an Act creating the office of Com-

MONDAY, FEBRUARY 20, 1961

573

missioner of Roads and Revenues of Dodge County; and for other pur poses.
Referred to the Committee on Local Affairs,

HB 444. By Messrs. Williams and Andrews of Hall:
A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Roads and Revenues of Hall County; and for other pur poses.
Referred to the Committee on Local Affairs.

HB 445. By Mr. Stuckey 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.

HB 446. By Mr. White of Mclntosh:
A Bill to be entitled an Act to amend an Act relating to the incorpora tion of the City of Darien, so as to close certain streets; and for other purposes.
Referred to the Committee on Local Affairs.

HB 447. By Mr. White of Mclntosh: A Bill to be entitled an Act to amend an Act relating to the compensa tion of the Ordinary of Mclntosh County; and for other purposes.
Referred to the Committee on Local Affairs.
HR 148-447. By Messrs. Odom and Busbee of Dougherty: A Resolution naming a certain boat landing in the City of Albany the "Cleve Cox Landing"; and for other purposes.
Referred to the Committee on Local Affairs.
HR 149-447. By Mr. Davis of Wayne: A Resolution to compensate S. Curtis Harper; and for other purposes. (State Highway Department)
Referred to the Committee on Appropriations.

HR 150-447. By Mr. Williams of Hall: A Resolution to compensate J. W. Loggins; and for other purposes. (De partment of Public Safety)
Referred to the Committee on Appropriations.
HR 151-447. By Mr. Bynum of Rabun: A Resolution to compensate Ralph R. Callenback; and for other purposes.
Referred to the Committee on Appropriations.

574

JOURNAL OP THE HOUSE,

HB 448. By Mr. Jones of Worth:
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 Warwick shall not be affected by the provisions of this Act; and for other purposes.
Referred to the Committee on Local Affairs.

HB 449. By Mr. Jones of Worth:
A Bill to be entitled an Act to amend an Act providing a new charter for the Town of Warwick, so as to change the name of the City of War wick; and for other purposes.
Referred to the Committee on Local Affairs.

HB 450. By Messrs. Newton of Colquitt, Fordham and Lane of Bulloch, Strickland of Evans, Dorminy of Ben Hill, Potts of Coweta and Lanier of Candler:
A Bill to be entitled an Act to amend an Act providing for certified public weighers, so as to provide for the weighing of products of farms and forests of this State, where they are sold by weight; and for other purposes.
Referred to the Committee on Agriculture.

HB 451. By Messrs, Matthews and Cox of Clarke:
A Bill to be entitled an Act to fix the compensation of the Judge of the Juvenile Court of Clarke County; and for other purposes.
Referred to the Committee on Local Affairs.

HB 452. By Mr. Milhollin of Coffee:
A Bill to be entitled an Act to amend an Act creating the office of Solicitor-General Emeritus and Solicitors-General Retirement Fund of Georgia, so as to change the date by which a Solicitor-General may come under the provisions of the Act; and for other purposes.
Referred to the Committee on State of Republic.
HB 453. By Messrs. Scoggin of Floyd and Floyd of Chattooga:
A Bill to be entitled an Act to amend an Act known as the Aid to the Blind Act, so as to increase eligibility income deductions; and for other purposes.
Referred to the Committee on Ways and Means.
HR 162-453. By Mr. Summers of Crisp:
A Resolution proposing an amendment to the Constitution so as to au thorize Crisp County to issue certain revenue anticipation obligations known as revenue bonds for the purposes therein stated; and for other purposes.
Referred to the Committee on Local Affairs.

MONDAY, FEBRUARY 20, 1961

575

HB 454. By Messrs. Hall, Lowrey and Scoggin of Ployd:
A Bill to be entitled an Act to amend an Act to create a new charter and municipal government for the City of Rome; to define the rights and powers of the municipality; and for other purposes.
Referred to the Committee on Local Affairs.

HB 455. By Messrs. Hall, Lowrey and Scoggin of Floyd:
A Bill to be entitled an Act to amend an Act to create a new charter and municipal government for the City of Rome; to define the rights and powers of the municipality; to define the corporate limits; and for other purposes.
Referred to the Committee on Local Affairs.

HR 163-455. By Mr. McClelland of Fulton: A Resolution to compensate Mrs. Barbara Sams Boylan; and for other purposes. (Dept. of Ed.)
Referred to the Committee on Appropriations.

HB 456. By Mr. Rowland of Johnson:
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 in the event any judge dies while holding office, his legal widow may elect to receive an amount not to exceed two hundred dollars per month until her remar riage or death; and for other purposes.
Referred to the Committee on State of Republic.

HB 457. By Messrs. McClelland, Brooks and Smith of Fulton:
A Bill to be entitled an Act to amend an Act to create the City of At lanta, so as to authorize the City of Atlanta and Fulton County to con tract with said authority and in connection therewith to issue bonds for the purpose of meeting any obligation undertaken by said City or County jointly or in connection with said recreation authority; and for other purposes.
Referred to the Committee on Local Affairs.

HB 458. By Messrs. McClelland, Brooks and Smith of Fulton, Rutland and Mackay of DeKalb:
A Bill to be entitled an Act to provide that when any member or former member of the General Assembly has been or shall be employed by any political subdivision or agency of the State of Georgia or elected to an office therein, where there is a pension plan applicable to such employ ment or office, he shall receive credit for time served as a member of the General Assembly; and for other purposes.
Referred to the Committee on State of Republic.

576

JOURNAL OF THE HOUSE,

HB 459. By Mr. McClelland of Fulton:
A Bill to be entitled an Act to provide a penalty for insurers who negli gently or in bad faith fail to pay claims against their insured when the claimant offers to settle within the terms and limits of the policy pro tecting their insured; and for other purposes.
Referred to the Committee on Insurance.

HB 460. By Mr. McClelland of Fulton:
A Bill to be entitled an Act to amend an Act to revise, classify, consoli date, and supersede the present laws relating to insurance and to estab lishing new laws relating thereto; and for other purposes.
Referred to the Committee on Insurance.

HR 164-460. By Mr. Branch of Tift:
A Resolution creating a Local Council to advise with the Department of State Parks regarding the use of the Museum located in the Jefferson Davis State Park; and for other purposes.
Referred to the Committee on State Institutions and Property.

HB 461. By Mr. Willingham of Cobb:
A Bill to be entitled an Act to amend an Act known as the Georgia Retailers' and Consumers' Sales and Use Tax Act, so as to change the time for which the tax imposed by this Act shall become delinquent; and for other purposes.
Referred to the Committee on Ways and Means.

HB 462. By Mr. Willingham of Cobb:
A Bill to be entitled an Act to amend an Act entitled "Georgia Retailers' and Consumers' Sales and Use Tax Act," so as to exempt Public Recre ation Authorities from the provisions of this Act; and for other pur poses.
Referred to the Committee on Ways and Means.

HB 463. By Messrs. Crawford, Funk and Dickey of Chatham:
A Bill to be entitled an Act to repeal an Act relating to local govern ment improvement commissions in certain counties; and for other pur poses.
Referred to the Committee on Local Affairs.

HR 165-463. By Mr. Twitty of Mitchell:
A Resolution creating a committee to make a study of matters relating to Insurance; and for other purposes.
Referred to the Committee on Insurance.

MONDAY, FEBRUARY 20, 1961

577

HR 166-463. By Mr. Willingham of Cobb:
A Resolution creating the Election Laws Study Committee; to repeal a Resolution providing for an Election Laws Study Committee; and for other purposes.
Referred to the Committee on Rules.

HB 464. By Messrs. Matthews and Newton of Colquitt:
A Bill to be entitled an Act to provide for a change in the compensation of the Sheriff of Colquitt County; and for other purposes.
Referred to the Committee on Local Affairs.

HB 465. By Mr. Newton of Colquitt:
A Bill to be entitled an Act to amend an Act relating to the incorpora tion of the City of Moultrie, so as to provide for a change in the millage rate on all taxable property in the City of Moultrie; and for other pur poses.
Referred to the Committee on Local Affairs.

HB 466. By Mr. Barber of Jackson:
A Bill to be entitled an Act to amend an Act relating to the purposes for which counties may levy taxes, so as to authorize counties to levy a tax for certain school lunch purposes; and for other purposes.
Referred to the Committee on State of Republic.

HB 467. By Mr. Barber of Jackson:
A Bill to be entitled an Act to amend an Act relating to the custody of children in connection with the granting of divorces; and for other pur poses.
Referred to the Committee on Special Judiciary.

HB 468. By Mr. Henderson of Atkinson:
A Bill to be entitled an Act to amend an Act creating a County Court of Atkinson County; and for other purposes.
Referred to the Committee on Local Affairs.

HB 469. By Messrs. Jones and Undercofler of Sumter:
A Bill to be entitled an Act proposing a new charter for the City of Americus; and for other purposes.
Referred to the Committee on Local Affairs.

HB 470. By Mr. Wells of Peach:
A Bill to be entitled an Act to amend an Act incorporating' the Office of Tax Receiver and Tax Collector of Peach County into the one office of Tax Commissioner of Peach County; and for other purposes.

578

JOURNAL OF THE HOUSE,

HB 471. By Mr. Tamplin of Morgan:
A Bill to be entitled an Act to amend an Act providing a salary system for certain county officers of Morgan County, so as to change the amount authorized for assistants for the Clerk of the Superior Court of Morgan County; and for other purposes.
Referred to the Committee on Local Affairs.

HB 472. By Mr. Miller of Elbert:
A Bill to be entitled an Act to amend an Act incorporating the City of Elberton so as to redefine and extend said corporate limits; and for other purposes.
Referred to the Committee on Local Affairs.

HB 473. By Mr. Miller of Elbert:
A Bill to be entitled an Act to amend an Act incorporating the City of Elberton so as to redefine and extend said corporate limits; and for other purposes.
Referred to the Committee on Local Affairs.

HB 474. By Mr. Hale of Bade: A Bill to be entitled an Act to amend an Act providing a new charter for the City of Trenton; and for other purposes.
Referred to the Committee on Local Affairs.
HB 475. By Mr. Barnett 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 pur poses. Referred to the Committee on Local Affairs.
HB 476. By Messrs. Blalock and Lee of Clayton: A Bill to be entitled an Act to amend an Act creating the Clayton County Water Authority; and for other purposes.
Referred to the Committee on Local Affairs.
HB 477. By Messrs. Lee and Blalock of Clayton: A Bill to be entitled an Act to amend an Act placing the Ordinary 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 478. By Mr. Andrews of Stephens: A Bill to be entitled an Act to create and establish the Toccoa-Stephens County Airport Authority; and for other purposes.
Referred to the Committee on Local Affairs.

MONDAY, FEBRUARY 20, 1961

579

HB 479. By Mr. Underwood of Taylor:
A Bill to be entitled an Act to repeal an Act incorporating the City of Carsonville in the County of Decatur; and for other purposes.
Referred to the Committee on Local Affairs.

HB 480. By Mr. Keadle of Lamar:
A Bill to be entitled an Act to amend an Act to establish a new charter for the town of Milner, Lamar (formerly Pike) County; and for other purposes.
Referred to the Committee on Local Affairs.

HB 481. By Messrs. Chandler and Kidd of Baldwin:
A Bill to be entitled an Act to amend an Act establishing an employee retirement system for the State of Georgia, so as to provide that the minimum benefit payable under said Act to any employee with a mini mum of ten (10) years service shall not be less than $50.00 per month; and for other purposes.
Referred to the Committee on State of Republic.

HB 482. By Messrs. Kidd and Chandler of Baldwin:
A Bill to be entitled an Act to amend an Act by providing grants of State and local funds for school children; and for other purposes.
Referred to the Committee on State of Republic.

HB 483. By Mr. Ballard of Newton:
A Bill to be entitled an Act to amend an Act providing for a Board of Directors and one Commissioner of Roads and Revenues for Newton County; and for other purposes.
Referred to the Committee on Local Affairs.

HB 484. By Mr. Ballard of Newton:
A Bill to be entitled an Act to amend an Act relating to the incorpora tion of the Town of Oxford; and for other purposes.
Referred to the Committee on Local Affairs.

HB 485. By Messrs. Phillips, Taylor and Thornton 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 incorporate certain areas as a part of the City of Macon; and for other purposes.
Referred to the Committee on Local Affairs.

HB 486. By Mr. McGarity of Henry: A Bill to be entitled an Act to amend an Act providing for the compen-

580

JOURNAL OF THE HOUSE,

satlon of the County Treasurer in certain counties; and for other pur poses.
Referred to the Committee on Local Affairs.

HB 487. By Mr. McGarity of Henry:
A Bill to be entitled an Act to provide for the compensation for the Coroners in certain counties; and for other purposes.
Referred to the Committee on Local Affairs.

HB 488. By Mr. Fowler of Treutlen:
A Bill to be entitled an Act to create a new charter for the City of Soperton; and for other purposes.
Referred to the Committee on Local Affairs.

HB 489. By Messrs. Cox and Matthews of Clarke:
A Bill to be entitled an Act to repeal certain provisions in the Charter of the City of Athens; to provide for the Office of City Tax Assessors; and for other purposes.
Referred to the Committee on Local Affairs.

HB 490. By Mr. Melton of Spalding:
A Bill to be entitled an Act to create the Georgia Industries for the Blind; and for other purposes.
Referred to the Committee on State Institutions and Property.

HB 491. By Messrs. Killian of Glynn and Purcell of Franklin:
A Bill to be entitled an Act to amend an Act to provide for the creation, membership, and compensation of a State Literature Commission; and for other purposes.
Referred to the Committee on State of Republic.

HB 492. By Mr. Lewis of Burke:
A Bill to be entitled an Act to provide that any person who shall make or report any crime to any local or State law enforcement official, knowing the same is false or has not been committed, shall be punished as for a misdemeanor; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 493. By Messrs. Echols of Upson, Hodges of Ware, Melton of Spalding, Rowland of Johnson and Roberts of Jones:
A Bill to be entitled an Act to change the name of the Georgia Training School for Mental Defectives at Gracewood to the Gracewood State School and Hospital; and for other purposes.
Referred to the Committee on State Institutions and Property.

MONDAY, FEBRUARY 20, 1961

581

HB 494. By Messrs. Smith of Emanuel and Twitty of Mitchell:
A Bill to be entitled an Act to amend an Act providing for absentee vot ing by members of the Military, so as to provide that the State Execu tive Committee shall fix the date for holding primaries; and for other purposes.
Referred to the Committee on State of Republic.
HB 495. By Messrs. Smith of Emanuel and Twitty of Mitchell:
A Bill to be entitled an Act to prohibit strikes by public employees; to define "strikes" and "public employee"; to prohibit any person inciting or influencing a public employee to strike; to prescribe consequences and penalty for such violation; to prohibit recognition of labor organi zations by public officials; and for other purposes.
Referred to the Committee on State of Republic.
HB 496. By Mr. Duncan of Carroll:
A Bill to be entitled an Act to amend Code Section 92-3109, relating to deductions from gross income for income tax purposes, so as to provide for the deduction of Federal income taxes; and for other purposes.
Referred to the Committee on Ways and Means.

HB 497. By Messrs. Fordham and Lane of Bulloch, and Hodges of Ware:
A Bill to be entitled an Act to amend an Act known as the "Minimum Foundation Program for Education Act," so as to provide that pupils who live within a certain distance of the school, which they are eligible to attend, shall not be eligible to be counted as transported pupils for State aid; and for other purposes.
Referred to the Committee on Education.
HB 498. By Mr. Simpson of Wheeler:
A Bill to be entitled an Act to provide for the yearly compensation for the Ordinary of Wheeler County, in addition to fees which he now receives; and for other purposes.
Referred to the Committee on Local Affairs.
HB 499. By Mr. Simpson of Wheeler: A Bill to be entitled an Act to amend an Act relating to the creation of the Office of Tax Commissioner, Tax Receiver and County Treasurer of Wheeler County, so as to change monthly compensation; and for other purposes.
Referred to the Committee on Local Affairs.
HB 500. By Messrs. Odom and Busbee of Dougherty: A Bill to be entitled an Act to consolidate the office of Tax Receiver and the office of Tax Collector of Dougherty County into the one office of Tax Commissioner; to provide the term of office; and for other pur poses.
Referred to the Committee on Local Affairs.

582

JOURNAL OF THE HOUSE,

HB 501. By Mr. Conner of Jeff Davis:
A Bill to be entitled an Act to provide that an automobile operated by a rural mail carrier for the purposes of delivering mail along the roads and highways of Georgia shall be authorized to display an amber colored light; and for other purposes.
Referred to the Committee on Motor Vehicles.

HB 502. By Messrs. Phillips, Thornton and Taylor of Bibb:
A Bill to be entitled an Act to amend the Charter of the City of Macon; to provide for procedures connected therewith; and for other purposes.
Referred to the Committee on Local Affairs.

HB 503. By Mr. Ballard of Newton:
A Bill to be entitled an Act incorporating a new charter for the City of Covington; and for other purposes.
Referred to the Committee on Local Affairs.

HB 504. By Mr. Duncan of Carroll:
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 increase the rate of the sales and use tax; to provide for an increased allowance to dealers, as compensation for accounting for and remitting the tax, provided the same is not delinquent; and for other purposes.
Referred to the Committee on Ways and Means.

HB 505. By Mr. Lovett of Laurens:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Dublin, so as to extend the corporate limits of said city; and for other purposes.
Referred to the Committee on Local Affairs.

HB 506. By Mr. Lovett of Laurens:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Dublin, so as to provide for the appointment of certain city officers; and for other purposes.
Referred to the Committee on Local Affairs.

HB 507. By Mr. Tabb of Miller:
A Bill to be entitled an Act creating a Board of Commissioners of Roads and Revenues for Miller County, so as to change the compensation of the members of the Board other than the Chairman; and for other pur poses.
Referred to the Committee on Local Affairs.

MONDAY, FEBRUARY 20, 1961

583

HB 508. By Messrs. McClelland, Brooks and Smith of Fulton:
A Bill to be entitled an Act to fix retirement benefits for the Mayor or other Chief Executive Officer of any city having a population of more than 450,000 according to the last or any future U. S. Census; and for other purposes.
Referred to the Committee on Local Affairs.

HB 509. By Messrs. Brooks, Smith and McClelland 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 510. By Messrs. Brooks, Smith and McClelland of Fulton:
A Bill to be entitled an Act authorizing County Commissioners or other governing authorities of counties having a population of more than 500,000 to create by appropriate resolution in the government of such counties Emeritus Offices for retired heads of departments of said county government; and for other purposes.
Referred to the Committee on Local Affairs.

HB 511. By Mr. Singer of Stewart:
A Bill to be entitled an Act to amend an Act entitled "An Act to fix the compensation of the tax commissioner in certain counties; to combine the offices of disbursing clerk and clerk of the commissioner of roads and revenue in certain counties; to fix the salary of such office; and for other purposes.
Referred to the Committee on Local Affairs.

HR 167-511. By Messrs. Cox and Matthews of Clarke:
A Resolution authorizing the conveyance of property to Clarke County; and for other purposes.
Referred to the Committee on State Institutions and Property.

HR 168-511. By Mr. Brown of Hart:
A Resolution designating a portion of U. S. Highway No. 29 as "McMullan Boulevard"; and for other purposes.
Referred to the Committee on Highways.

HR 169-511. By Mr. Brown of Hart:
A Resolution authorizing and directing the State Librarian to furnish certain law books for the Judge of the Northern Judicial Circuit; and for other purposes.
Referred to the Committee on Local Affairs.

584

JOURNAL OP THE HOUSE,

HE 170-511. By Mr. Brown of Hart:
A Resolution authorizing and directing the State Librarian to furnish certain law books for the Clerk of the Superior Court of Hart County; and for other purposes.
Referred to the Committee on Local Affairs.

HR 171-511. By Messrs. Kidd and Chandler of Baldwin:
A Resolution creating a Committee to make certain studies relating to the establishment of industries in the State of Georgia; and for other purposes.
Referred to the Committee on Rules.

HR 172-511. By Mr. Barnett of Baker:
A Resolution proposing an amendment to the Constitution so as to pro vide that the members of the Board of Education of Baker County shall be elected from districts but by the voters of the entire county; to pro vide for the submission of this amendment for ratification or rejection; and for other purposes.
Referred to the Committee on Local Affairs.

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

HB 390. By Messrs. Twitty of Mitchell and Smith of Emanuel:
A Bill to be entitled an Act to amend an Act establishing an employees' retirement system, so as to redefine retirement allowances; to limit prior service; to modify option provisions; and for other purposes.

HB 391. By Messrs. Dicus of Muscogee and Lee of Clayton:
A Bill to be entitled an Act to amend an Act to provide for the regula tion of Marine Traffic, so as to provide a method of certificate transfer when the ownership of a motorboat changes; to provide for a one dollar fee for such transfer; and for other purposes.

HB 392. By Messrs. Twitty of Mitchell and Smith of Emanuel:
A Bill to be entitled an Act to amend an Act creating the Peace Officers' Annuity and Benefit Fund; and for other purposes.

HB 393. By Messrs. Parker of Screven, Johnson of Jenkins and Arnsdorff of Ef f ingham:
A Bill to be entitled an Act to amend an Act relating to what a mort gage or bill of sale to secure debt may embrace, so as to provide that any public utility company, whether or not incorporated, may, by mortgage, or bill of sale to secure debt, or deed of trust, embrace, cover, convey, pledge, and encumber after-acquired property of such company, wher ever located, when the instrument expressly so stipulates therein; and for other purposes.

MONDAY, FEBRUARY 20, 1961

585

HB 394. By Mr. Kimmons of Pierce:
A Bill to be entitled an Act to amend an Act creating the Board of Com missioners of Roads and Revenues of Pierce County; and for other pur poses.

HB 395. By Messrs. Parker of Ware and Kimmons of Pierce:
A Bill to be entitled an Act to amend an Act known as the Free Text Book Act, so as to require the State Board of Education to extend the provisions of this Act to the Georgia Training School for Boys, Georgia Training School for Girls and Divisions and Branches thereof; and for other purposes.

HB 396. By Mr. Roberts of Jones:
A Bill to be entitled an Act to amend an Act creating a new charter for the Town of Gray so as to authorize the Mayor and Aldermen of said City to open, close, lay-out, widen, straighten, or otherwise change streets, alleys and squares in the Town of Gray; and for other purposes.

HB 397. By Messrs. Twitty and Collins of Mitchell:
A Bill to be entitled an Act creating a Small Claims Court in counties having a population of not less than 19,500 and not more than 19,700; and for other purposes.

HB 398. By Mr. Phillips of Walton:
A Bill to be entitled an Act to amend an Act incorporating the City of Monroe and defining its limits; and for other purposes.

HB 399. By Mr. Brooks of Fulton:
A Bill to be entitled an Act to amend an Act providing for pensions for members of the police departments in cities having a population of 150,000 or more, relating to re-employment or re-appointment; and for other purposes.

HB 400. By Messrs. Scoggin and Dorsey of Floyd, Rogers of Paulding, Andrews of Hall, Tamplin of Morgan, Smith of Whitfield, Phillips of Bibb and others:
A Bill to be entitled an Act to amend an Act relating to the nomination by political parties in this State of candidates for U. S. Senator, Gover nor, State House Officers, Justices of the Supreme Court and Judges of the Court of Appeals at primary elections, by the county unit system; and for other purposes.

HB 401. By Messrs. Milhollin of Coffee and Underwood of Montgomery:
A Bill to be entitled an Act to provide for maintenance of certain streets and highways within the corporate limits of municipal corporations having a population of not more than 30,000 by the State Highway De partment; and for other purposes.

586

JOURNAL OF THE HOUSE,

HB 402. By Messrs. Jones of Liberty and Crawford of Chatham:
A Bill to be entitled an Act to provide that every insurance company doing business in Georgia shall invest at least 75% of the reserves maintained for policies written on property or risks located in Georgia in Georgia Securities; and for other purposes.

HB 403. By Messrs. Lee and Blalock 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 office of Tax Commissioner of Clayton County; and for other purposes.

HB 404. By Messrs. Killian and Flexer of Glynn:
A Bill to be entitled an Act to amend the City Charter for the City of Brunswick so as to provide for the procedure connected with the making of tax returns; to provide for the assessment of taxable property; and for other purposes.

HB 405. By Messrs. Killian and Flexer of Glynn:
A Bill to be entitled an Act to amend an Act creating the City Court of Brunswick, so as to increase the number of bailiffs in said court; and for other purposes.

HB 406. By Messrs. Killian and Flexer of Glynn:
A Bill to be entitled an Act to place the Coroner of Glynn County on a monthly salary in lieu of the fee system of compensation; and for other purposes.

HB 407. By Messrs. Killian and Flexer of Glynn:
A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Roads and Revenues for Glynn County; and for other purposes.

HB 408. By Messrs. Mackay, Howard and Rutland of DeKalb:
A Bill to be entitled an Act to amend the Juvenile Court Act in certain counties; and for other purposes.
HR 139-408. By Messrs. Twitty of Mitchell and Smith of Emanuel:
A Resolution proposing an amendment to the Constitution so as to increase the actuarial soundness of the Peace Officers' Annuity and Benefit Fund; and for other purposes.
HR 140-408. By Messrs. Morgan and Story of Gwinnett:
A Resolution to compensate George C. Brown; and for other purposes. (Dept. Public Safety)
HR 141-408. By Mr. King of Chattahoochee: A Resolution to compensate Jay Roberts; and for other purposes. (State Highway Dept.)

MONDAY, FEBRUARY 20, 1961

587

HR 142-408. By Mr. Wilkes of Cook:
A Resolution authorizing a land conveyance to Cook County; and for other purposes.

HB 409. By Mr. Roper of Greene:
A Bill to be entitled an Act to amend an Act creating the Board of Com missioners of Roads and Revenues in and for Greene County; and for other purposes.

HB 410. By Mr. Roper of Greene:
A Bill to be entitled an Act to place the compensation of the Sheriff, the Clerk of the Superior Court and the Ordinary and Coroner of Greene County on a salary basis in lieu of a fee basis; and for other purposes.

HB 411. By Mr. Roper of Greene:
A Bill to be entitled an Act to amend an Act consolidating the offices of Tax Receiver and Collector of Greene County into the one office of Tax Commissioner of Greene County; and for other purposes.

HB 412. By Mr. Roberts of Jones:
A Bill to be entitled an Act to amend an Act creating a new charter for the Town of Gray, so as to change the name to the City of Gray; and for other purposes.

HB 413. By Messrs. Fordham and Lane of Bulloch:
A Bill to be entitled an Act to provide for a change in the annual salary of the Judge of the City Court of Statesboro; and for other purposes.

HB 414. By Messrs. Fordham and Lane of Bulloch:
A Bill to be entitled an Act to amend an Act relating to a change in the compensation of the Chairman, clerk and other members of the Board of Commissioners of Bulloch County; and for other purposes.

By unanimous consent, the following Bills of the Senate were read the second time:
SB 34. By Senators Sanders of the 18th and Grayson of the 1st:
A Bill to be entitled an Act to amend an Act establishing the State Em ployees' Retirement System, so as to provide for the stability of sur vivor benefits; and for other purposes.
Referred to the Committee on State of Republic.
SB 39. By Senators Knox of the 54th and Sanders of the 18th:
A Bill to be entitled an Act to amend Code Section 91-105, relating to the use of Capitol Building and grounds, so as to provide for the use of space in the Capitol Building; and for other purposes.
Referred to the Committee on State Institutions and Property.

588

JOURNAL OF THE HOUSE,

SB 86. By Senators Knox of the 54th and Sanders of the 18th:
A Bill to be entitled an Act to amend an Act creating the "Georgia Real Estate Investment Board," so as to prescribe conditions under which application fees shall be refundable; to remove the provisions relating to expiration; and for other purposes.
Referred to the Committee on Industry.

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 67. By Messrs. Scoggin of Floyd, Brooks of Fulton and others:
A Bill to be known as the "Georgia Drug and Cosmetic Act"; to regulate the sale, manufacture, distribution of cosmetics, drugs and related items; 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 50. By Senator Dykes of the 14th, Senator Hart of the 53rd and others:
A Bill to provide for an increase in the salaries of teachers; to repeal conflicting laws; and for other purposes.

SB 77. By Senator Sanders of the 18th:
A Bill to amend an Act known as the "Juvenile Court Act," approved February 19, 1951 (Ga. Laws 1951, p. 291), as amended, particularly by an Act approved Feb. 13, 1956, and an Act approved March 10, 1959, so as to change the population figures contained in Sections 3A, 3B and 3C; to repeal conflicting laws; and for other purposes.
SB 80. By Senator Sanders of the 18th:
A Bill to repeal an Act relating to presidential electors; and for other purposes.
SB 81. By Senator Sanders of the 18th:
A Bill to amend an Act providing for absentee voting by members of the military, approved Feb. 26, 1953, as amended, particularly by an Act approved Dec. 22, 1953, so as to remove the provisions relating to the time for qualifying; to repeal conflicting laws; and for other purposes.
SB 82. By Senator Sanders of the 18th:
A Bill to amend Code Sec. 34-1904, relating to ballots in elections other

MONDAY, FEBRUARY 20, 1961

589

than primary elections, as amended, particularly by an Act approved Oct. 2, 1948 (Ga. Laws 1948, Extra Sess., p. 3); and for other purposes.

SB 90. By Senator Knox of the 54th:
A Bill to amend Code Section 23-1403, relating to the powers of county police, so as to limit certain powers to the county of appointment or election; to repeal conflicting laws; and for other purposes.

SB 104. By Senators Towson of the 16th and Gardner of the 47th:
A Bill to amend an Act regulating advertising, approved March 25, 1958 (Ga. Laws 1958, p. 411), so as to provide that no person, firm, corpora tion or association shall advertise in any manner which is untrue, de ceptive or fraudulent; to repeal conflicting laws; and for other purposes.

Mr. Ray of Warren County, Chairman of the Committee on Appropriations, submitted the following report:
Mr. Speaker:
Your Committee on Appropriations has had under consideration the follow ing Bill of the House and has instructed me, as Chairman, to report the same back to the House with the following recommendation:
HB 90. Do Pass, by Substitute.
Respectfully submitted,
Ray of Warren, Chairman.

Mr. Ray of Warren County, Chairman of the Committee on Appropriations, submitted the following report: Mr. Speaker:
Your Committee on Appropriations has had under consideration the follow ing Resolutions of the House and has instructed me, as Chairman, to report the same back to the House with the following recommendations:
HR 55-142. Do Pass, as Amended. HR 66-171. Do Pass, as Amended. HR 81-249. Do Pass.
HR 86-253. Do Pass. HR 89-269. Do Pass, as Amended.
HR 91-269. Do Pass.
HR 93-269. Do Pass. HR 95-269. Do Pass.
Respectfully submitted, Ray of Warren, Chairman.

590

JOURNAL OF THE HOUSE,

Mr. Hall of Floyd County, Chairman of the Committee on Education, sub mitted the following report:
Mr. Speaker:
Your Committee on Education has had under consideration the following Bill of the House and has instructed me, as Chairman, to report the same back to the House with the following recommendation:
HB 25. Do Pass, by Substitute.
Respectfully submitted,
Hall of Floyd, Chairman.

Mr. Underwood of Montgomery County, Chairman of the Committee on Local Affairs, submitted the following report:

Mr. Speaker:

Your Committee on Local Affairs has had under consideration the followingBills 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 362. Do Pass.

HB 363. Do Pass.

HB 366. Do Pass.

HB 367. Do Pass.

HB 368. Do Pass.

HB 369. Do Pass.

HB 370. Do Pass.

HB 371. Do Pass.

HB 372. Do Pass.

HB 373. Do Pass.

HB 374. Do Pass.

HB 375. Do Pass.

HB 379. Do Pass.

HB 382. Do Pass.

HB 383. Do Pass.

HB 365. Do Pass, as Amended.

HR 130-383. Do Pass.

SB

71. Do Pass.

MONDAY, FEBRUARY 20, 1961

591

HB 251. Do Pass. HB 158. Do Pass. HB 210. Do Pass.

Respectfully submitted,
Underwood of Montgomery, Chairman.

Mr. Matthews of Clarke County, Chairman of the Committee on University System of Georgia, submitted the following report:
Mr. Speaker:
Your Committee on University System of Georgia has had under considera tion 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 102. Do Pass.
Respectfully submitted,
Matthews of Clarke, Chairman.

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

SB 50. By Senators Dykes of the 14th, Hart of the 53rd and others:
A Bill to be entitled an Act to provide for an increase in the salaries of teachers; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Education.

SB 77. By Senator Sanders of the 18th:
A Bill to be entitled an Act to amend an Act known as the "Juvenile Court Act," approved February 19, 1951, as amended, so as to provide that the Judge of the Superior Court shall sit as the Juvenile Court Judge in counties having a certain population; to provide for the transferral of cases; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Local Affairs.

SB 80. By Senator Sanders of the 18th:
A Bill to be entitled an Act to repeal an Act relating to presidential electors; and for other purposes.
Referred to the Committee on State of Republic.

SB 81. By Senator Sanders of the 18th:
A Bill to be entitled an Act to amend an Act providing for absentee voting by members of the military, approved February 26, 1953, as amended, so as to remove the provisions relating to the time for quali fying; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State of Republic.

592

JOURNAL OF THE HOUSE,

SB 82. By Senator Sanders of the 18th:
A Bill to be entitled an Act to amend Code Section 34-1904, relating to ballots in elections other than primary elections, as amended by an Act approved October 2, 1948; and for other purposes.
Referred to the Committee on State of Republic.

SB 90. By Senator Knox of the 54th:
A Bill to be entitled an Act to amend an Act relating to the powers of county police, so as to limit certain powers to the county of appointment or election; and for other purposes.
Referred to the Committee on State of Republic.

SB 104. By Senators Towson of the 16th and Gardner of the 47th:
A Bill to be entitled an Act to amend an Act regulating advertising, so as to provide that no person, firm, corporation or association shall adver tise in any manner which is untrue, deceptive or fraudulent; and for other purposes.
Referred to the Committee on Special Judiciary.

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

SR 11. By Senator Dews of the 9th:
A RESOLUTION
Proposing to the qualified voters of Calhoun County an Amendment to Article VII, Section VII, Paragraph V, of the Constitution of Georgia of 1945, so as to authorize Calhoun County to issue certain revenue anticipation obligations known as revenue bonds for the purposes therein stated.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Article VII, Section VII, Paragraph V, of the Constitu tion of the State of Georgia is hereby amended by adding at the end of Paragraph V the following:
"Provided further, that revenue anticipation obligations herein called revenue bonds may be issued by Calhoun County herein called the issuer, to provide funds for the purchase, construction, enlarge ment, or either of facilities, including land, buildings, appurtenances, machinery and equipment, suitable for use by (a) any industry for manufacturing, processing, or assembling any agricultural or manu factured product or (b) any commercial enterprise in storing, ware housing, distributing or selling products of agriculture, mining and industry, or any combination thereof. Such facilities may be leased or sold by the issuer to such industry or commercial enterprise upon such terms as may be agreed upon, subject to the lien of the revenue bonds upon the revenue of the facilities involved. No sale shall be completed and title to the facility shall remain in the issuer until

MONDAY, FEBRUARY 20, 1981

593

all revenue bonds outstanding secured by the revenue of such under taking shall have been paid in full.
The revenue bonds shall be payable, as to principal and interest, only from revenue received from such undertaking, and shall not be deemed debts of, or create debts against the issuer within the mean ing of this Constitution; and the issuer shall not exercise the power of taxation for the purpose of paying the principal or interest of the revenue bonds or any part thereof. Such revenue bonds, their transfer the income therefrom, the security therefor, and until the payment in full of the obligation such facilities shall at all times be exempt from taxation from within the State. Bonds may be issued bearing- rate or rates of interest and maturing at the years and amounts determined by the governing body of the issuer and when so authorized the procedure of validation, issuance and de livery shall be in all respects in accordance with the Revenue Bond Law (Ga. L. 1937, p. 761) as amended, Code, Ann. Supp. Chapter 87-8, as if said obligations had been originally authorized to be issued thereunder. Upon the adoption of this amendment the issuer may proceed to comply with the provisions hereof immediately without any further action on the part of the General Assembly."
Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two thirds of the members elected to each of the two branches of the General Assembly and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted to the voters 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 amend ment to Article VII, Section VII, Paragraph V, of the Constitution authorizing Calhoun County to issue revenue bonds for the purchase, construction, lease and sale of facilities useful to industry and com merce."
"Against ratification of amendment to Article VII, Section VII, Paragraph V, of the Constitution authorizing Calhoun County to issue revenue bonds for the purchase, construction, lease and sale of facilities useful to industry or commerce."
If a majority of the electors of said county qualified to vote for members of the General Assembly, voting thereon, shall vote for ratifi cation thereof, when the results shall be consolidated as now required by law in election for members of the General Assembly, the said amend ment shall become a part of Article VII, Section VII, Paragraph V, of the Constitution of this State, and the Governor shall issue his procla mation thereon.

The report of the committee, which was favorable to the adoption of the Reso lution, was agreed to.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

594

JOURNAL OF THE HOUSE,

Those voting in the affirmative were Messrs.:

Abney Adams Akins Andrews of Stephens Andrews of Hall Ballard Barnett of Wilkes Barnett of Baker Barrett Baughman Birdsong Black Blalock Boggs Bolton Bowen of Randolph Bowen of Toombs Boyett Bozeman Brooks of Oglethorpe Brooks of Fulton Brown Busbee Bynum Car swell Chance Chandler Clark of Catoosa Clarke of Monroe Cloer Cocke Collins Conner Cox Culpepper Davis Deen Dollar Duncan of Fannin Duncan of Carroll Dunn Fitzgerald Fleming Floyd Fordham Fowler of Douglas Fowler of Treutlen Fuqua Hall of Lee Hall of Floyd Henderson Hill

Hodges Horton Howard Hull Hurst Jernigan Johnson Joiner Jones of Liberty Jones of Worth Jones of Sumter Keadle Kelly Keyton Kidd King Kirkland Knight of Laurens Knight of Berrien
Lee Lewis Loggins Lokey Lovett Lowrey Mackay Massee Matthews of Clarke Matthews of Colquitt McClelland McCutchen McGarity Melton Milhollin Miller Moate Moore Moorman Morgan Mullis Murphy Ne Smith Newton Odom Pannell Paris Parker of Screven Parker of Appling Farmer Pelham Phillips of Columbia Phillips of Walton

Phillips of Bibb Poole Purcell Raulerson Ray Roberts Rodgers of Charlton Ross Rutland Sangster Scoggin Sheffield Shuman Simmons Simpson Sinclair Smith of Grady Smith of Brantley Smith of Fulton Smith of Habersham Smith of Whitfield Steis Story Strickland Summers Tabb Tamplin Taylor of Dawson Taylor of Decatur Taylor of Bibb Teague Thornton Todd Tucker Twitty Undercofler Underwood of
Montgomery Vaughn Waldrop Walker of Telfair Ware Watson Wells of Peach Wells of Oconee Wells of Camden Wickham Wilkes Williams of Coffee Wilson Woodward Young

MONDAY, FEBRUARY 20, 1961

595

Those not voting were Messrs.:

Arnsdorff Barber Brackin Branch Budd Caldwell Coker Crawford Crowe Dickey Dicus Dorminy Doster Echols Plexer Flynt Funk

Greene Hale Harrell Jones of Lumpkin Jordan Killian Killingsworth Kimmons Lane Lanier McCracken McDonald Mixon Morris Moss Otwell Parker of Ware

Payton Pickard Potts Rogers of Paulding Roper Rowland Scarborough Singer Stevens Stuckey Underwood of Taylor Walker of Lowndes White Williams of Hall Willingham Mr. Speaker

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 41-99. By Mr. Wells of Camden:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide for the election of the members of the Board of Education of Camden County, Georgia, by the People; to re-district the County into four edu cational districts; to provide for a member of the Board of Education from each education district and for a member at large; to provide for election of all members of the Camden County Board of Education by the voters of the entire county; to provide for the terms of office of the members of the Board of Education; to provide for an election to be held subsequent to the ratification of this amendment; to provide for the submission of this amendment for ratification or rejection to the people of Camden County; 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 Camden County shall be composed of five members, to be elected as hereinafter provided. For the purpose of electing such members, Camden County is hereby divided into four education districts. Education district No. 1 shall be com posed of militia district No. 29 (St. Marys). Education district No. 2 shall be composed of militia district No. 1606 (Kingsland) and militia district No. 32 (Browntown). Education district No. 3 shall be composed of militia district No. 31 (Woodbine). Educa-

596

JOURNAL OF THE HOUSE,

tion district No. 4 shall be composed of militia district No. 33 (Waverly), militia district No. 270 (Tarboro) and militia district No. 30 (Mid River).
"The Board of Education of Camden County shall be composed of one member from each of the education districts and one mem ber 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 fifth member may be elected from any education district in the county. All of the mem bers of the Board of Education 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 candidate on the board as a member from the county at large.
"In the event this amendment is ratified, it shall be the duty of the Ordinary of Camden 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 10th and 20th days of December, inclusive, in the year 1962. Such election shall be for the purpose of electing the first members of the Board of Education of Camden County created under this amendment. 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 procedures at least once preceding the day of the election, in the official organ of Camden County. The members elected at such election shall take office January 1, 1963 for a term of two (2) years. All future members shall be elected for a term of two (2) years and until their suc cessors are duly elected and qualified. All future elections shall be held on the same day as members of the Board of Commissioners of Roads and Revenue for Camden County are elected, and the members elected shall take office on the 1st day of January imme diately following their election.
"At the first meeting in January, 1963, and at the first meet ing in January each two years thereafter, the members of the Board shall elect a chairman to serve as such for the next two years there after. Any member of the Board shall be eligible to succeed himself as chairman. In the event of a vacancy of the Board for any rea son other than the expiration 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 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 Camden County in effect at the time of the ratification of this amendment shall be abolished ef fective December 31, 1962, and the terms of all members of such Board shall expire on such date.
"The Camden County Board of Education, as provided herein, shall be subject to all constitutional provisions and all statutory provisions relative to county board of education, unless such pro visions are in conflict with the provisions of this amendment."

MONDAY, FEBRUARY 20, 1961

597

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 L, 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 an amendment to the Constitution so as provide for the election of members of the Board of Education of Camden County by the people.
"Against ratification of an amendment to the Constitution so as to provide for the election of members of the Board of Education of Camden 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:

Those voting in the affirmative were Messrs.:

Abney Adams Akins Andrews of Stephens Andrews of Hall Ballard Barnett of Wilkes Barnett of Baker Barrett Baughman Birdsong Black Blalock Boggs Bolton Bowen of Randolph

Bowen of Toombs Boyett Bozeman Brooks of Oglethorpe Brooks of Fulton Brown Busbee Bynum Carswell Chance Chandler Clark of Catoosa Clarke of Monroe Cloer Cocke Collins

Conner Cox Culpepper Davis Deen Dollar Duncan of Fannin Duncan of Carroll Dunn Fitzgerald Fleming Floyd Fordham Fowler of Douglas Fowler of Treutlen Fuqua

598

JOURNAL OP THE HOUSE,

Hall of Lee Hall of Floyd Henderson Hill Hodges Horton Howard Hull Hurst Jernigan Johnson Jones of Liberty Jones of Worth Jones of Sumter Keadle Kelly Keyton Kidd King Kirkland Knight of Laurens Knight of Berrien
Lee Lewis Logging Lokey Lovett Lowrey Mackay Massee Matthews of Clarke Matthews of Colquitt McClelland McCutchen McGarity Melton

Milhollin Miller Moate Moore Moorman Morgan Mullis Murphy NeSmith Newton Odom Pannell Paris Parker of Screven Parker of Appling Farmer Pelham Phillips of Columbia Phillips of Walton Phillips of Bibb Poole Purcell Raulerson Ray Roberts Rodgers of Charlton Ross Rutland Sangster Scoggin Sheffield Shuman Simmons Simpson Sinclair Smith of Grady

Smith of Brantley Smith of Fulton Smith of Habersham Smith of Whitfield Steis Story Strickland Summers Tabb Tamplin Taylor of Dawson Taylor of Decatur Taylor of Bibb
Teague Thornton Todd Tucker Twitty Undercofler Underwood of
Montgomery Vaughn Waldrop Walker of Telfair Ware Watson Wells of Peach Wells of Oconee Wells of Camden Wickham Wilkes Williams of Coffee Wilson Woodward Young

Those not voting were Messrs.:

Arnsdorff Barber Brackin Branch Budd Caldwell Coker Crawford Crowe Dickey Dicus Dorminy Doster Echols Flexer Flynt Funk

Greene Hale Harrell Jones of Lumpkin Jordan Killian Killingsworth Kimmons Lane Lanier McCracken McDonald Mixon Morris Moss Otwell Parker of Ware

Payton Pickard Potts Rogers of Paulding Roper Rowland Scarborough Singer Stevens Stuckey Underwood of Taylor Walker of Lowndes White Williams of Hall Willingham Mr. Speaker

MONDAY, FEBRUARY 20, 1961

599

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 68-171. By Messrs. Cox and Matthews of Clarke:
A RESOLUTION
Proposing an amendment to the Constitution, so as to provide for the creation of the Athens-Clarke County Beverage Board; 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 XI, Section I, Paragraph VI of the Constitution is hereby amended by adding at the end thereof the following:
"There is hereby created the 'Athens-Clarke County Bever age Control Board'. The Board shall be composed of five members, three of whom shall be appointed by the governing authority of the City of Athens, and two of whom shall be appointed by the governing authority of Clarke County. The first members shall be appointed prior to December 15, 1962, and shall take office January 1, 1963. Such members must be approved by the Grand Jury of Clarke County, and their names shall be submitted by the respective governing authorities to the Grand Jury meeting next after the appointments are made. If a person is not approved by said Grand Jury, the appointing authority shall submit the name of a different person to the Grand Jury. The first members shall have terms of one, two, three, four, and five years as shall be designated by the Grand Jury. Thereafter all members shall be appointed for five-year terms so that the terms of the members shall remain staggered. Successors to the first and future members shall be appointed prior to December 15, of the year in which the term expires. All members shall serve until their successors are appointed and qualified and any member may be reappointed. The procedure relative to approval by the Grand Jury, as provided herein, for the first members shall likewise apply to all future members. All actions of the Board, if otherwise valid, shall be valid and binding prior to approval of the members by the Grand Jury in the same manner as such actions would be valid and bind ing after approval by the Grand Jury.
"In order to be eligible to serve as a member of the Board, a person must have been a resident of Clarke County for two years immediately preceding the date on which he takes office as a member of the Board. In the event a vacancy occurs on the Board, the original appointing authority shall fill the vacancy for the unexpired term. The name of the person designated to fill the vacancy shall be presented for approval to the next Grand Jury. In the event a member moves his residence from Clarke County, he shall immediately cease to be a member of the Board and a vacancy shall exist in such person's position. The members of the

600

JOURNAL OP THE HOUSE,

Board shall be compensated in the amount of $25.00 per month for their services. The Board shall elect its own Chairman and such other officers as it deems necessary or desirable.
"The Board shall be a body corporate and politic and a public corporation. It shall have perpetual existence. 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. It may exercise any power granted to private corporations not in con flict with this or other provisions of this Constitution or the laws of this State. The Board is hereby authorized and empowered to borrow funds in the name of the Board. The Board shall promul gate rules and regulations relating to the employment and com pensation of personnel, and relating to all other matters having to do with the business of the Board. Three members of the Board shall constitute a quorum necessary for the transaction of business, but an affirmative vote by three members of the Board shall be required to transact business. No vacancy on the Board shall im pair the right of transacting business by a quorum if the necessary vote provided above is met.
"The Board is hereby authorized and empowered to engage in the business of selling at retail distilled spirits and alcohol for beverages in unbroken packages as a 'Retailer' as now or hereafter provided by law. The Board is hereby authorized and empowered to engage in such business without the necessity of an election as now or hereafter provided by law. In all matters relating to such business, the Board shall occupy the same position as a private 'Retailer', and shall be subject to all laws and rules and regula tions to which a private 'Retailer' is subject. The Board shall have no authority or power to engage in the aforesaid business except within the geographical limits of Clarke County.
"The profits derived from the operation of such business shall be divided equally between the City of Athens and Clarke County, and shall be turned over to the governing authority of said City and County on a quarterly basis on the fifteenth day of the month for the immediately preceding quarter. However, the Board is hereby granted discretion to determine the amount of profits, if any, which should be turned over to the City and the County, tak ing into consideration funds which should be retained for operating expenses, payment of debts, expansion and similar activities. The Board shall have made an annual audit of its books and records by a certified public accountant, who must be approved by the governing authority of the City and the governing authority of the County."
SECTION 2
When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, 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:

MONDAY, FEBRUARY 20, 1961

601

"For ratification of amendment to the Constitution so as to create the Athens-Clarke County Beverage Control Board."
"Against ratification of amendment to the Constitution so as to create the Athens-Clarke County Beverage Control Board."
All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all per sons desiring to vote against the adoption of the proposed amendment shall vote against ratification.
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as 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:

Those voting in the affirmative were Messrs.:

Abney Adams Akins Andrews of Stephens Andrews of Hall Ballard Barnett of Wilkes Barnett of Baker Barrett Baughman Birdsong Black Blalock Boggs Bolton Bowen of Randolph Bowen of Toombs Boyett Bozeman Brooks of Oglethorpe Brooks of Fulton Brown Busbee Bynum Carswell Chance Chandler Clark of Catoosa Clarke of Monroe Cloer Cocke

Collins Conner Cox Culpepper Davis Been Dollar Duncan of Fannin Duncan of Carroll Dunn Fitzgerald Fleming Floyd Fordham Fowler of Douglas Fowler of Treutlen Fuqua Hall of Lee Hall of Floyd Henderson Hill Hodges Horton Howard Hull Hurst Jernigan Johnson Joiner Jones of Liberty Jones of Worth

Jones of Sumter Keadle Kelly Keyton Kidd King Kirkland Knight of Laurens Knight of Berrien Lee Lewis Loggins Lokey Lovett Lowrey Mackay Massee Matthews of Clarke Matthews of Colquitt McClelland McCutchen McGarity Melton Milhollin Miller Moate Moore Moorman Morgan Mullis Murphy

602

JOURNAL OP THE HOUSE,

NeSmith Newton Odom Pannell Paris Parker of Screven Parker of Appling Pelham Phillips of Columbia Phillips of Walton Phillips of Bibb Poole Purcell Raulerson Ray Roberts Rodgers of Charlton Ross Rutland Sangster Scoggin

Sheffield Shuman Simmons Sinclair Smith of Grady Smith of Brantley Smith of Pulton Smith of Habersham Smith of Whitfield Steis Story Strickland Summers Tabb Tamplin Taylor of Dawson Taylor of Decatur Taylor of Bibb Teague Thornton Todd

Tucker Twitty Undercofler Underwood of
Montgomery Vaughn Waldrop Walker of Telfair Ware Watson Wells of Peach Wells of Oconee Wells of Camden Wickham Wilkes Williams of Coffee Wilson Woodward Young

Those not voting were Messrs.:

Arnsdorff Barber Brackin Branch Budd Caldwell Coker Crawford Crowe Dickey Dicus Dorminy Doster Echols Flexer Flynt Funk

Greene Hale Harrell Jones of Lumpkin Jordan Killian Killingsworth Kimmons Lane Lanier McCracken McDonald Mixon Morris Moss Otwell Parker of Ware

Payton Pickard Potts Rogers of Paulding Roper Rowland Scarborough Singer Stevens Stuckey Underwood of Taylor Walker of Lowndes White Williams of Hall Willingham Mr. Speaker

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 80-249. By Mr. Young of Turner:
A RESOLUTION
Proposing an amendment to the Constitution so as to create the Turner 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.

MONDAY, FEBRUARY 20, 1961

603

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 Turner County to be known as the Turner County Development Authority, which shall be an instrumentality of Turner County and a public corporation and which in this amendment is hereafter referred to as the 'Authority';
"B. The Authority shall consist of five members. The Presi dent of the Turner County Chamber of Commerce, the Mayor of Ashburn, and the Chairman of the Turner County Board of Com missioners shall be ex officio members of the Authority. In addi tion the Board of Commissioners of Roads and Revenues of Turner County shall appoint two members who shall serve for a term of five years and shall be eligible for re-appointment. 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.
"C. The property, obligations and the interest on the obliga tions of the Authority shall have the same immunity from taxation as the property, obligations and interest on the obligations of Turner County.
"D. The powers of the Authority shall include but not be limited to, the power:
"(1) To buy, acquire, develop, improve, own, operate, main tain, sell, lease as lessor and lessee, and mortgage land, buildings and property of all kinds within the limits of Turner 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 indus trial plant or establishment within Turner 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 powers of the Authority;
"(4) To borrow money and to issue notes, bonds and revenue certificates therefor and to sell, convey, mortgage, pledge and assign any and all of its funds, property and income as security therefor;
"(5) To contract with Turner 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 corpora tions except such as are inconsistent with this amendment, includ ing the power to appoint and hire officers, agents and employees and to provide their compensation and duties, which officers and

604

JOURNAL OP THE HOUSE,

agents may or may not be members of the Authority, and the power to adopt and amend a corporate seal and bylaws and regulations for the conduct and management of the Authority;
"(7) To encourage and promote the expansion of industry, agriculture, trade and commerce in Turner 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 generally or in any specific matter;
"(10) To do any and all acts and things necessary or con venient to accomplish the purpose and powers of the Authority as herein stated.
"E. The Authority shall not be authorized to create in any manner any debt, liability or obligation against the State of Geor gia or Turner County;
"F. The Authority shall have the same immunity and exemp tion 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 compensa tion for their services to the Authority;
"H. The Authority, with the consent of the Board of Com missioners of Roads and Revenue of Turner County is hereby authorized to issue Revenue Certificates to carry out the purposes of this amendment. Revenue Certificates, thus issued, shall be paid from the income of the Authority.
"I. The Commissioners of Roads and Revenues of Turner County are authorized 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 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 de fined 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 in come 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 Turner County and its citizens, industry, agriculture and trade within the County

MONDAY, FEBRUARY 20, 1961

605

of Turner, and making long-range plans for such development and expansion and to authorize the use of public funds of Turner County for such purposes, and this amendment and any law enacted with reference to the Authority shall be liberally construed for the accomplishment of this purpose;
"L, This amendment shall be effective immediately upon proc lamation of its ratification by the Governor and the first members of the Authority shall be appointed within thirty days after such proclamation;
"M. The General Assembly may by law further define and prescribe 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 Turner County, and the scope of its operations shall be limited to the territory em braced within Turner County. The General Assembly shall not extend the jurisdiction of the Authority nor the scope of its opera tions beyond the limits of Turner 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 Turner 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 Turner County Development Authority.
"Against ratification of amendment to the Constitution so as to create the Turner County Development Authority."
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.

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

606

JOURNAL OP THE HOUSE,

On the adoption of the Eesolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Adams Akins Andrews of Stephens Andrews of Hall Ballard Barnett of Wilkes Barnett of Baker Barrett Baughman Birdsong Black Blalock Boggs Bolton Bowen of Randolph Bowen of Toombs Boyett Bozeman Brooks of Oglethorpe Brooks of Pulton Brown Busbee Bynum Carswell Chance Chandler Clark of Catoosa Clarke of Monroe Cloer Cocke Collins Conner Cox Culpepper Davis Deen Dollar Duncan of Fannin Duncan of Carroll Dunn Fitzgerald Fleming Ployd Fordham Fowler of Douglas Fowler of Treutlen Fuqua Hall of Lee Hall of Floyd Henderson Hill

Hodges Horton Howard Hull Hurst Jernigan Johnson Joiner Jones of Liberty Jones of Worth Jones of Sumter Keadle Kelly Keyton Kidd King Kirkland Knight of Laurens Knight of Berrien Lee Lewis Loggins Lokey Lovett Lowrey Mackay Massee Matthews of Clarke Matthews of Colquitt McClelland McCutchen McGarity Melton Milhollin Miller Moate Moore Moorman Morgan Mullis Murphy Ne Smith Newton Odom Pannell Paris Parker of Screven Parker of Appling
Farmer
Pelham Phillips of Columbia Phillips of Walton

Phillips of Bibb Poole Purcell Raulerson Ray Roberts Rodgers of Charlton Ross Rutland Sangster Scoggin Sheffield Shuman Simmons Simpson Sinclair Smith of Grady Smith of Brantley Smith of Fulton Smith of Habersham Smith of Whitfield
Steis Story Strickland Summers Tabb Tamplin Taylor of Dawson Taylor of Decatur Taylor of Bibb Teague Thornton Todd Tucker Twitty Undercofler Underwood of
Montgomery Vaughn Waldrop Walker of Telfair
Ware Watson Wells of Peach Wells of Oconee Wells of Camden Wickham Wilkes Williams of Coffee Wilson Woodward Young

MONDAY, FEBRUARY 20, 1961

607

Those not voting were Messrs.:

Arnsdorff Barber Brackin Branch Budd Caldwell Coker Crawford Crowe Dickey Dicus Dorminy Doster Echols Flexer Flynt Funk

Greene Hale Harrell Jones of Lumpkin Jordan Killian Killingsworth Kimmons Lane Lanier McCracken McDonald Mixon Morris Moss Otwell Parker of Ware

Payton Pickard Potts Rogers of Paulding Roper Rowland Scarborough Singer Stevens Stuckey Underwood of Taylor Walker of Lowndes White Williams of Hall Willingham Mr. Speaker

Or, the adoption of the Resolution, the ayes were 154, nays 0.
The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.
Under the general 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 46-113 By Mr. Hurst of Quitman:
A Resolution designating a bridge as the Richard B. Russell Memorial Bridge, and for other purposes.

The following substitute was read and adopted:
A RESOLUTION
To designate a bridge as the Richard B. Russell Bridge; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
WHEREAS, Richard B. Russell, United States Senator from Geor gia, an outstanding national leader, who has led the fight to preserve the sovereignty of the States and the personal initiative and free enter prise of our people; and
WHEREAS, he has exemplified those attributes of leadership and moral courage which, in the face of those substantial forces that seek to destroy constitutional government and our cherished American way of life, have inspired all of us to strive diligently to protect our Godgiven rights; and
WHEREAS, it is altogether fitting and proper that the memory of this man who has devoted his life to protecting the ideals of our

608

JOURNAL OF THE HOUSE,

country's founding fathers and to the service of the people of this State and nation, be properly preserved;
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES, the Senate concurring, that the projected bridge across the Chattahooehee River on the highway from Georgetown, Georgia, to Eufaula, Alabama, be named and designated "Richard B. Russell Bridge" in order to perpetuate the stature of Senator Richard B. Russell, a great patriot, leader, public servant, and faithful son of the State of Georgia.
BE IT FURTHER RESOLVED that the proper authorities are hereby authorized and directed to so name and designate said bridge and are hereby directed to erect a suitable marker thereon at State expense.
BE IT FURTHER RESOLVED that when said bridge is com pleted and after a marker has been erected thereon, before said bridge shall be officially opened for traffic, that a proper dedicatory service be held.
BE IT FURTHER RESOLVED that the General Assembly in Georgia in session assembled shall and do hereby most cordially invite the Honorable Richard B. Russell, United States Senator, to be present at said dedicatory service and deliver, if he will, the principal address upon that momentous occasion.

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

On the adoption of the Resolution, by substitute, the ayes were 109, nays 0.

The Resolution, having received the requisite constitutional majority, was adopted, by substitute.

HR 60-151. By Messrs. Smith of Emanuel, Twitty of Mitchell, Hill of Meriwether, Caldwell of Upson and Others.
A RESOLUTION
Proposing an amendment to the Constitution so as to encourage more rapid industrial development and enhance the continuing economic rate of growth of the State by exempting raw materials for use in manufacturing from ad valorem taxation and exempting inventories of manufactured articles from ad valorem taxation for one year after their manufacture.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1
Article VII, Section 1, Paragraph IV of the Constitution, relating to exemptions from taxation, is hereby amended by adding a new para graph to said Paragraph IV of Section 1, to be inserted immediately preceding the last paragraph of said Paragraph IV of Section 1 as it presently exists, and to read as follows:

MONDAY, FEBRUARY 20, 1961

609

"All raw materials in the hands of any producer or manufac turer held for purposes of use in manufacturing shall be exempt from ad valorem taxation; and all manufactured articles in the hands of the producer or manufacturer thereof shall be exempt from ad valorem taxation but no longer than the year next after their production or manufacture."
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, to en courage more rapid industrial development in Georgia, so as to provide that raw materials for use in manufacturing shall be exempt from ad valorem taxation; and inventories of manufac tured articles shall be exempt from ad valorem taxation but for no longer than one year after their manufacture.
"Against ratification of amendment to the Constitution, to en courage more rapid industrial development in Georgia, so as to provide that raw materials for use in manufacture shall be exempt from ad valorem taxation; and inventories of manufactured articles shall be exempt from ad valorem taxation but for no longer than one year after their manufacture."
All persons desiring to vote in favor of adopting the proposed amend ment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification.
If such amendment shall be ratified as provided in said Paragraph I, 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.

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

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Adams Akins

Andrews of Stephens Andrews of Hall Arnsdorff

Ballard Barber Barnett of Wilkes

610

JOURNAL OF THE HOUSE,

Barnett of Baker Barrett Baughman Birdsong Black Blalock Bozeman Brackin Brown Busbee Bynum Carswell Chance Chandler Clark of Catoosa Clarke of Monroe Cloer Cocke Cox Crawford Crowe Culpepper Davis Deen Dickey Dicus Doster Duncan of Fannin Duncan of Carroll Dunn Fitzgerald Fleming Flexer FloyJ Flynt Fowler of Douglas Funk Fuqua Greene Hall of Lee Harrell Henderson Hill Horton Howard Hull Hurst Jernigan Johnson

Joiner Jones of Liberty Jones of Worth Jones of Lumpkin Jones of Sumter Jordan Keadle Kelly Keyton Kidd Killian Killingsworth Kimmons King Kirkland Knight of Laurens Lanier Lee Lewis Loggins Lokey Lovett Lowrey Mackay Massee Matthews of Clarke Matthews of Colquitt McClelland McCracken McCutchen Melton Milhollin Mixon Moate Moore Moorman Morgan Morris Moss Mullis Murphy NeSmith Newton Odom Pannell Paris Parker of Screven Parker of Ware Parker of Appling

Farmer Payton Pelham Phillips of Columbia Phillips of Bibb Potts Purcell Ray Roberts Rodgers of Charlton Rogers of Paulding
Sangster Sheffield Shuman Simmons Simpson Sinclair Smith of Grady Smith of Fulton Smith of Habersham
Steis Stevens Story Strickland Summers Tabb Tamplin Taylor of Dawson Taylor of Decatur Taylor of Bibb Teague Thornton Todd Tucker Twitty Underwood of Taylor Vaughn Waldrop Walker of Telfair Ware Watson Wells of Peach Wells of Oconee Wickham Wilkes Williams of Coffee Willingham Woodward Young

Those voting in the negative were Messrs. Bolton and Smith of Brantley.

Those not voting were Messrs.:

Boggs Bowen of Randolph

Bowen of Toombs Boyett

Branch Brooks of Oglethorpe

MONDAY, FEBRUARY 20, 1961

611

Brooks of Pulton Budd Caldwell Coker Collins Conner Dollar Dorminy Echols Fordham Fowler of Treutlen Hale Hall of Floyd Hodges

Knight of Berrien Lane McDonald McGarity Miller Otwell Phillips of Walton Pickard Poole Raulerson Roper Ross Rowland Rutland

Scarborough Scoggin Singer Smith of Whitfield Stuckey Undercofler Underwood of
Montgomery Walker of Lowndes Wells of Camden White Williams of Hall Wilson Mr. Speaker

On the adoption of the Resolution, the ayes were 156, nays 2.

The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.

HB 53. By Messrs. Duncan of Carroll, Scoggin of Floyd and many others:
A Bill to be known as the "Motor Vehicle Certificate of Title Act"; and for other purposes.
Mr. Duncan of Carroll offered the following substitute:
A BILL
To be entitled an Act to be known as the "Motor Vehicle Certificate of Title Act"; to provide for certain definitions; to give the Commis sioner of the State Revenue Department the responsibility of administer ing said Act; to exclude certain vehicles from the operation of said Act; to except certain liens from the operation of said Act; to require vehicles registered in this State to have certificates of title; to provide for op tional certificates of title for certain vehicles; to establish a procedure for application for the first certificate of title; to require the Commis sioner to examine the records for stolen or converted vehicles in certain instances before issuing a certificate of title; to provide for the Com missioner to keep records of issued certificates of title; to establish the content and effect of a certificate of title; to provide a mode of delivery of certificates of title; to allow the Commissioner to refuse to issue a certificate of title; to provide for replacement of lost, stolen, or muti lated certificates of title and to establish certain rights; to prescribe a mandatory transfer procedure for transfer of the vehicle and certificate of title; to provide an exception for transfer by dealers; to require deal ers to keep records of sale; to provide a procedure for transfer of owner ship and certificate of title by operation of law; to prescribe and require payment of fees; to provide when the Commissioner shall issue a new certificate of title; to require acts by owners and the Commissioner upon scrapping, dismantling, or destroying vehicles; to provide an exclusive manner for the perfection of security interests in vehicles; to establish a procedure for release of security interest; to place affirmative duties on a lienholder; to provide for the suspension or revocation of certifi cates of title; to provide for hearings and court reviews; to prescribe offenses relating to certificates; to prescribe a procedure for reporting

612

JOURNAL OF THE HOUSE,

stolen, converted, recovered, and unclaimed vehicles; to provide a pen alty for a false report of theft or conversion of a vehicle; to provide penalties for tampering with vehicle identifying numbers; to prescribe a means of proving criminal intent and knowledge; to provide for pen alties and effect on other laws; to define previously registered vehicles; to provide for deferred application of this Act to previously registered vehicles; to provide for establishment of a security interest in a previ ously registered vehicle; to provide for preservation of an unsatisfied security interest in a previously registered vehicle; to prescribe a man ner for filing and maintaining a record of notices of security interests and for the examination of such records; to establish a procedure for assignment by a lienholder; to provide a manner for release of security interest; to place affirmative duties on a lienholder; to provide for specific repeal of certain laws; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
PART I. DEFINITIONS AND EXCLUSIONS.
SECTION 1.
Title. This Act shall be known and may be cited as the "Motor Ve hicle Certificate of Title Act."
SECTION 2.
Definitions. Except when the context otherwise requires, as used in this Act:
(a) "Dealer" means a person engaged in the business of buying, selling, or exchanging vehicles who has an established place of business in this State and to whom current dealer registration plates have been issued by the Commissioner.
(b) "Commissioner" means the Georgia State Revenue Commis sioner.
(c) "Identifying number" means the numbers, and letters, if any, on a vehicle designated by the Commissioner for the purpose of identi fying the vehicle.
(d) "Implement of husbandry" means a vehicle designed and adapted exclusively for agricultural, horticultural, or livestock raising operations or for lifting or carrying an implement of husbandry and in either case not subject to registration if used upon the highways.
(e) "Lienholder" means a person holding a security interest in a vehicle.
(f) To "Mail" means to deposit in the United States mail properly addressed and with postage paid.
(g) "Owner" means a person, other than a lienholder, having the property in or title to a vehicle. The term includes a person entitled to the use and possession of a vehicle subject to a security interest in another person, but excludes a lessee under a lease not intended as security.

MONDAY, FEBRUARY 20, 1961

613

(h) "Person" means a natural person, firm, copartnership, asso ciation, or corporation.
(i) "Pole trailer" means a vehicle without motive power designed to be drawn by another vehicle and attached to the towing vehicle by means of a reach, or pole, or by being boomed or otherwise secured to the towing vehicle, and ordinarily used for transporting long or irregu larly shaped loads such as logs, poles, pipes, or structural members capable, generally, of sustaining themselves as beams between the sup porting connections.
(j) "Security agreement" means a written agreement which re serves or creates a security interest.
(k) "Security interest" means an interest in a vehicle reserved or created by agreement and which secures payment or performance of an obligation, including but not limited to devices such as chattel mort gages, conditional sale contracts, bills of sale to secure debt, deeds of trust, trust receipts, and mechanic liens. The term includes the interest of a lessor under a lease intended as security. A security interest is "perfected" when it is valid against third parties generally, subject only to specific statutory exceptions.
(1) "Special mobile equipment" means a vehicle not designed for the transportation of persons or property upon a highway and only incidentally operated or moved over a highway, including but not lim ited to: ditch digging apparatus, well boring apparatus, and road con struction and maintenance machinery such as asphalt spreaders, bitumi nous mixers, bucket loaders, tractors other than truck tractors, ditchers, levelling graders, finishing machines, motor graders, road rollers, scari fiers, earth moving carry-alls and scrapers, power shovels and drag lines, and self-propelled cranes and earth moving equipment. The term does not include house trailers, dump trucks, truck mounted transit mix ers, cranes, or shovels, or other vehicles designed for the transportation of persons or property to which machinery has been attached.
(m) "State" means a State, territory, or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or a province of the Dominion of Canada.
(n) "Vehicle" means a device in, upon, or by which a person or property is or may be transported or drawn upon a highway, except a device moved by human power or used exclusively upon stationary rails or tracks, or which obtains motive power from mixed overhead electric wires.
SECTION 3.
Powers of the Commissioner.
(a) The Commissioner is responsible for the administration of this Act and may employ such clerical assistants and agents as may be nec essary from time to time to enable him to speedily, completely, and effi ciently perform the duties herein conferred on him.
(b) The Commissioner shall prescribe and provide suitable forms of applications, certificates of title, notices of security interests, and all other notices and forms necessary to carry out the provisions of this Act.
(c) The Commissioner may:

614

JOURNAL OP THE HOUSE,

(1) Make necessary investigation to procure information required to carry out the provisions of this Act;
(2) Adopt and enforce reasonable rules and regulations to carry out the provisions of this Act;
(3) Assign a new identifying number to a vehicle if it has none, or its identifying number is destroyed or obliterated, or its motor is changed, and shall either issue a new certificate of title showing the new identify ing number or make an appropriate endorsement on the original certifi cate.
SECTION 4.
Exclusions.
No certificate of title need be obtained for:
(1) A vehicle owned by the United States unless it is registered in this State;
(2) A vehicle owned by a manufacturer or dealer and held for sale, even though incidentally moved on the highway or used for purposes of testing or demonstration; or a vehicle used by a manufacturer solely for testing;
(3) A vehicle owned by a nonresident of this State and not required by law to be registered in this State;
(4) A vehicle regularly engaged in the interstate transportation of persons or property for which a currently effective certificate of title has been issued in another State;
(5) A vehicle moved solely by animal power;
(6) An implement of husbandry;
(7) Special mobile equipment;
(8) A self-propelled wheel chair or invalid tricycle;
(9) A pole trailer.
(10) Motor busses used for the transportation of persons by a street railroad or other company engaged in the operation of an urban transit system over fixed routes.
SECTION 5.
Excepted liens and security interest; buyer from manufacturer or dealer.
This Act does not apply to or affect:
(a) A lien given by statute to the United States, this State, or any political subdivision of this State;
(b) A security interest in a vehicle created by a manufacturer or dealer who holds the vehicle for sale, but a buyer in the ordinary course of trade from the manufacturer or dealer takes free of the security interest.

MONDAY, FEBRUARY 20, 1961

615

PART II. CERTIFICATES OF TITLE.
SECTION 6.
Certificate of title required.
(a) Except as provided in Section 4, every owner of a vehicle which is in this State, and required to be registered in this State by law, and for which no certificate of title has been issued by the Commissioner shall make application to the Commissioner for a certificate of title of the vehicle.
(b) The Commissioner shall not register or renew the registration of a vehicle unless an application for a certificate of title has been delivered to the Commissioner with a properly executed registration application.
SECTION 7.
Optional certificate of title.
The owner of an implement or husbandry or special mobile equip ment may apply for and obtain a certificate of title on it. All of the provisions of this Act are applicable to a certificate of title so issued, except that a person who receives a transfer of an interest in the ve hicle without knowledge of the certificate of title is not prejudiced by reason of the existence of the certificate, and the perfection of a security interest under this Act is not effective until the lienholder has complied with the provisions of applicable law which otherwise relate to the per fection of security interests in personal property other than motor ve hicles.
SECTION 8.
Application for first certificate of title.
(a) The application for the first certificate of title of a vehicle in this State shall be made by the owner to the Commissioner on the form he prescribes at the same time application for registration or change of registration is made. Said application shall contain:
(1) The name, residence and mail address of the owner;
(2) A description of the vehicle including, so far as the following data exists: its make, model, identifying number, type of body, the num ber of cylinders, and whether new or used;
(3) The date of purchase by applicant, the name and address of the person from whom the vehicle was acquired and the names and ad dresses of any lienholders in the order of their priority and the dates of their security agreements; and
(4) Any further information the Commissioner reasonably requires to identify the vehicle and to enable it to determine whether the owner is entitled to a certificate of title and the existence or nonexistence of security interests in the vehicle.
(b) If the application refers to a vehicle purchased from a dealer, it shall contain the name and address of any lienholder holding a security interest created or reserved at the time of the sale by the dealer and the date of his security agreement and be signed by the dealer as well as the

616

JOURNAL OF THE HOUSE,

owner, and the dealer shall promptly mail or deliver the application to the Commissioner.
(c) If the application refers to a vehicle last previously registered in another State or country, the application shall contain or be accompa nied by:
(1) Any certificate of title issued by the other State or country;
(2) Any other information and documents the Commissioner rea sonably requires to establish the ownership of the vehicle and the exist ence or nonexistence of security interests in it.
SECTION 9.
Examination of records.
(a) The Commissioner, upon receiving application for a first cer tificate of title, shall check the identifying number of the vehicle shown in the application against the records of vehicles required to be main tained by Section 10 and against the record of stolen and converted ve hicles required to be maintained by Section 32.
(b) The provisions of subsection (a) above shall not be applicable to an application for the first certificate of title of a new car when said application is accompanied by a manufacturer's certificate of origin.
SECTION 10.
Issuance and records.
(a) The Commissioner shall file each application received and, when satisfied as to its genuineness and regularity and that the applicant is entitled to the issuance of a certificate of title, shall issue a certificate of title of the vehicle.
(b) The Commissioner shall maintain a record of all certificates of title issued by it:
(1) Under a distinctive title number assigned to the vehicle;
(2) Under the identifying number of the vehicle;
(3) Alphabetically, under the name of the owner;
(4) Under the vehicle tag registration number; and, in the discre tion of the Commissioner, in any other method it determines.
(c) The Commissioner is authorized and empowered to provide for photographic and photostatic recording of certificate of title records in such manner as he may deem expedient. The photographic and photostatic copies herein authorized shall be sufficient as evidence in tracing of titles of the motor vehicles designated therein, and shall also be ad mitted in evidence in all actions and proceedings to the same extent that the originals would have been admitted.
SECTION 11.
Contents and effect.
(a) Each certificate of title issued by the Commissioner shall con tain:

MONDAY, FEBRUARY 20, 1961

617

(1) The date issued;
(2) The name and address of the owner;
(3) The names and addresses of any lienholders, in the order of priority as shown on the application or, if the application is based on a certificate of title, as shown on the certificate;
(4) The title number assigned to the vehicle;
(5) A description of the vehicle including, so far as the following data exists: its make, model, identifying number, type of body, number of cylinders, whether new or used, and, if a new vehicle, the date of the first sale of the vehicle for use; and
(6) Any other data the Commissioner prescribes.
(b) The certificate of title shall contain forms for assignment and warranty of title by the owner, and for assignment and warranty of title by a dealer, and may contain forms for applications for a certificate of title by a transferee, or naming of a lienholder and the assignment or release of the security interest of a lienholder.
(c) A certificate of title issued by the Commissioner is prima facie evidence of the facts appearing on it.
(d) A certificate of title for a vehicle is not subject to garnish ment, attachment, execution, or other judicial process, but this subsec tion does not prevent a lawful levy upon the vehicle.
SECTION 12.
Delivery.
(a) The certificate of title shall be mailed to the first lienholder named in it or, if none, to the owner.
(b) Except as provided in Section 22(c), any lienholder who re ceives a vehicle's certificate of title by mail or delivery from the Com missioner pursuant to any provision of this Act shall, if said certificate correctly reflects the lienholder's security interest, forward the certifi cate by mail or delivery to the owner of said vehicle within five (5) days after receipt of the certificate by said lienholder.
(e) The owner of a vehicle shall have permanent custody of the certificate of title.
SECTION 13.
Refusing certificate of title.
The Commissioner shall refuse issuance of a certificate of title only if any required fee is not paid or if he has reasonable grounds to believe that:
(a) The applicant is not the owner of the vehicle;
(b) The application contains a false or fraudulent statement;
(c) The applicant fails to furnish required information or docu ments or any additional information the Commissioner reasonably re quires; or

618

JOURNAL OF THE HOUSE,

(d) The registration of the vehicle stands suspended or revoked for any reason as provided in the motor vehicle laws of this State.

SECTION 14.

Lost, stolen or mutilated certificates.

(a) If a certificate of title is lost, stolen, mutilated or destroyed or becomes illegible, the owner or legal representative of the owner named in the certificate, as shown by the records of the Commissioner, shall promptly make application for and may obtain a duplicate upon furnish ing information satisfactory to the Commissioner. The duplicate certifi cate of title shall contain the legend "This is a duplicate certificate and may be subject to the rights of a person under the original certificate," and shall be mailed to the owner.

(b) The Commissioner shall not issue a new certificate of title to a transferee upon application made on a duplicate until fifteen (15) days after receipt of the application.

(c) A person recovering an original certificate of title for which a duplicate has been issued shall promptly surrender the original certifi cate to the Commissioner.

(d) Where two or more innocent persons are the victims of the fraud or mistake of another and none of the victims could have reason ably taken steps to detect or prevent the fraud or mistake, the victim who first acquired an interest in a vehicle through any certificate of title shall have his interest protected.

Transfer.

SECTION 15.

(a) If an owner transfers his interest in a vehicle other than by the creation of a security interest, he shall at the time of delivery of the vehicle execute an assignment and warranty of title, which must be subscribed and sworn to before an officer authorized to administer oaths in the State, to the transferee in the space provided therefor on the certificate of title or as the Commissioner prescribes, and cause the certificate and assignment to be delivered to the transferee.

(b) Except as provided in Section 16, the transferee shall, promptly after delivery to him of the vehicle and certificate of title, execute the application for a new certificate of title in the space provided therefor on the certificate or as the Commissioner prescribes, and cause the cer tificate and application to be mailed or delivered to the Commissioner with the application for change of registration for the vehicle.

(c) If a security interest is reserved or created at the time of the transfer, the certificate of title shall be retained by or delivered to the person who becomes the lienholder, and the parties shall comply with the provisions of Section 22.

(d) Except as provided in Section 16 and as between the parties, a transfer by an owner is not effective until the provisions of this Section and Section 16 have been complied with and no purchaser or transferee shall acquire any right, title, or interest in and to a vehicle purchased by him unless and until he shall obtain from the transferor the certifi cate of title thereto, duly transferred in accordance with the provisions of this Section.

MONDAY, FEBRUARY 20, 1961

619

(e) The Commissioner shall promulgate procedure and provide forms whereby a prospective purchaser may, if he desires, have the Commissioner's records searched for undisclosed certificates of title and security interests.
Transfer to or from dealer.
SECTION 16.
(a) A dealer who buys a vehicle and holds it for resale need not apply to the Commissioner for a new certificate of title, but may retain the certificate delivered to him and, upon transferring the vehicle to another person other than by the creation of a security interest, shall promptly execute the assignment and warranty of title by a dealer, which must be subscribed and sworn to before an officer authorized to administer oaths in this State, and show the names and addresses of the transferee and of any lienholder holding a security interest created or reserved at the time of the resale and the date of his security agree ment, in the spaces provided therefor on the certificate or as the Com missioner prescribes. Transfers of vehicles under this Section shall otherwise conform with the provisions of Section 15. Any person selling a previously registered vehicle as defined in Section 38, which is exempt from the provisions of this Act by Section 39 during this Act's threeyear implementation period need not have a certificate of title. A dealer selling a previously registered vehicle exempt from the provisions of this Act by Section 39 during this Act's three-year implementation period, need not furnish a purchaser of such a vehicle a certificate of title. The purchaser after buying such a vehicle from a dealer shall then apply for a certificate of title as required by Section 39 in the manner provided by Part II of this Act.
(b) Every dealer shall maintain for three (3) years a record in the form the Commissioner prescribes of every vehicle bought, sold or ex changed by him, or received by him for sale or exchange, which shall be open to inspection by a representative of the Commissioner during rea sonable business hours.
SECTION 17.
Transfer by operation of law.
(a) If the interest of an owner in a vehicle passes to another other than by voluntary transfer, the transferee shall, except as provided in subsection (b), promptly mail or deliver to the Commissioner the last certificate of title, if available, proof of the transfer, and his applica tion for a new certificate in the form the Commissioner prescribes with the application for change of registration for the vehicle.
(b) If the interest of the owner is terminated or the vehicle is sold under a security agreement or by operation of law by a lienholder named in the certificate of title, the transferee shall promptly mail or deliver to the Commissioner the last certificate of title, his application for a new certificate in the form the Commissioner prescribes, and an affidavit made by or on behalf of the lienholder that the vehicle was repossessed and that the interest of the owner was terminated according to law or sold pursuant to the terms of the security agreement. If the lienholder succeeds to the interest of the owner and holds the vehicle for resale, he need not secure a new certificate of title but, upon transfer to another person, shall promptly deliver to the transferree the certificate

620

JOURNAL OF THE HOUSE,

of title, executed in accordance with Section 15, affidavit, and other documents required to be sent to the Commissioner by the transferee in accordance with this Section.

(c) A person holding a certificate of title whose interest in the vehicle has been extinguished or transferred other than by voluntary transfer shall mail or deliver the certificate to the Commissioner upon request of the Commissioner. The delivery of the certificate pursuant to the request of the Commissioner does not affect the rights of the person surrendering the certificate, and the action of the Commissioner in issu ing a new certificate of title as provided herein is not conclusive upon the rights of an owner or lienholder named in the old certificate.

(d) In the event of transfer as upon inheritance, devise, or bequest, upon receipt of: an application for a new certificate of title with the required fee, the last certificate of title, if available, and a certified copy of a will, or letters of administration, or if no administration is to be had on said estate, an affidavit by the applicant to the effect that the estate is not indebted and the surviving spouse, if any, and the heirs, if any, have amicably agreed among themselves upon a division of the estate, or a certificate from the ordinary showing that the motor vehicle registered in the name of the decedent owner has been assigned to the decedent's survivors as part of their years support, the Commissioner shall issue to the person or persons shown by such evidence to be en titled thereto, the certificate of title for said vehicle.

Fees.

SECTION 18.

(a) An application for a certificate of title shall be accompanied by the required fee when mailed or delivered to the Commissioner or his agent.
(b) An application for the naming of a lienholder on a certificate of title shall be accompanied by the required fee when mailed or deliv ered to the Commissioner or his agent.
(c) The Commissioner shall be paid the following fees:
(1) For filing an application for a first certificate of title, $1.00;
(2) For a certificate of title after a transfer, $1.00;
(3) For duplicate certificate of title, $1.00;
(4) For filing a notice of security interest, $1.00.
(d) The State Revenue Commissioner is authorized to utilize the services of persons appointed as County Tag Agents under an Act ap proved March 9, 1955 (Ga. Laws 1955, p. 619), as amended, and to allow such County Tag Agents to retain a fee therefor not in excess of 25# for each application handled, said fee to be disposed of as other tag fees retained by him as Tag Agent are disposed of in his County. Any appli cant for a title shall have the right to mail the application direct to the Department of Revenue.
SECTION 19.
When Commissioner to issue new certificate.

MONDAY, FEBRUARY 20, 1961

621

(a) The Commissioner, upon receipt of a properly assigned certifi cate of title, with an application for a new certificate of title, the re quired fee and any other documents required by law, shall issue a new certificate of title in the name of the transferee as owner and mail it to the first lienholder named in it or, if none, to the owner.
(b) The Commissioner, upon receipt of an application for a new certificate of title by a transferee other than by voluntary transfer, with proof of the transfer, the required fee and any other documents required by law, shall issue a new certificate of title in the name of the transferee as owner. If the outstanding certificate of title is not delivered to it, the Commissioner shall make demand therefor from the holder thereof.
(c) The Commissioner shall file and retain for five (5) years every surrendered certificate of title, the file to be maintained so as to perfit the tracing of title of the vehicle designated therein.
SECTION 20.
Scrapping, dismantling or destroying vehicles.
An owner who scraps, dismantles or destroys a vehicle and a person who purchases a vehicle as scrap or to be dismantled or destroyed shall immediately cause the certificate of title to be mailed or delivered to the Commissioner for cancellation, along with the manufacturer's serial plate from all vehicles which were manufactured after the 1956 model year. A certificate of title of the vehicle shall not again be issued except upon application containing the information the Commissioner requires.
SECTION 21.
Perfection of security interest.
(a) Unless excepted by Section 5, a security interest in a vehicle of a type for which a certificate of title is required, is not valid against creditors of the owner or subsequent transferees or lienholders of the vehicle unless perfected as provided in this Act.
(b) A security interest is perfected by the delivery to the Commis sioner of the existing certificate of title, if any, an application for a certificate of title containing the name and address of the lienholder and the date of his security agreement and the required fee. It is perfected as of the time of its creation if the delivery is completed within ten (10) days thereafter, otherwise, as of the time of the delivery.
(c) If a vehicle is subject to a security interest when brought into this State, the validity of the security interest is determined by the law of the jurisdiction where the vehicle was when the security interest attached, subject to the following:
(1) If the parties understood at the time the security interest at tached that the vehicle would be kept in this State and it was brought into this State within thirty (30) days thereafter for purposes other than transportation through this State, the validity of the security interest in this State is determined by the law of this State.
(2) If the security interest was perfected under the law of the jurisdiction where the vehicle was when the security interest attached, the following rules apply:

622

JOURNAL OF THE HOUSE,

(A) If the name of the lienholder is shown on an existing certifi cate of title issued by that jurisdiction, his security interest continues perfected in this State.
(B) If the name of the lienholder is not shown on an existing cer tificate of title issued hy that jurisdiction, the security interest continues perfected in this State for six (6) months after a first certificate of title of the vehicle is issued in this State, and also, thereafter if, within the six (6) month period, it is perfected in this State. The security in terest may also be perfected in this State after the expiration of the six (6) month period; in that case perfection dates from the time of perfection in this State.
(3) If the security interest was not perfected under the law of jurisdiction where the vehicle was when the security interest attached, it may be perfected in this State; in that case, perfection dates from the time of perfection in this State.
(4) A security interest may be perfected under paragraph (2) (B) or paragraph (3) of this subsection either as provided in subsection (b) or by the lienholder delivering to the Commissioner a notice of security interest in the form the Commissioner prescribes and the required fee.

SECTION 22.
Security interest.
If an owner creates a security interest in a vehicle:
(a) The owner shall immediately execute the application, in the space provided therefor on the certificate of title or on a separate form the Commissioner prescribes, to name the lienholder on the certificate, showing the name and address of the lienholder and the date of his security agreement, and cause the certificate, application and the re quired fee to be delivered to the lienholder.
(b) The lienholder shall immediately cause the certificate applica tion and the required fee to be mailed or delivered to the Commissioner.
(c) Upon receipt of the certificate of tile, application and the re quired fee, the Commissioner shall either endorse on the certificate or issue a new certificate containing the name and address of the new lienholder, as well as previous unreleased lienholders, if any, and mail the certificate to the first lienholder named in it. If more than one lienholder is named on the certificate, each lienholder, after verifying the certifi cates correctness, shall mail or deliver it to the next named lienholder within five (5) days after receiving the certificate. The last lienholder named on the certificate shall comply with the provisions of sec tion 12(b).
SECTION 23.
Mechanics lien.
All mechanics of every sort, for work done, or for work done and materials furnished, or for materials furnished, in repairing motor ve hicles required to have a certificate of title by Section 6 of this Act, shall have a special lien on the same which may be asserted by retention of such property, or the mechanic may surrender such vehicle and give credit, when the same shall be enforced in accordance with the provi-

MONDAY, FEBRUARY 20, 1961

623

sions of Ga. Code Section 67-2401, and shall be superior to all liens except for taxes and such other liens as the liens mechanic may have had notice of before the work was done or material furnished. When they surrender possession of the property to the debtor, such mechanics shall record their claims of lien as provided in Section 22 and the validity of the lien against third parties shall be determined in accordance with the provisions of this Act.
SECTION 24.
Assignment by lienholder.
(a) A lienholder may assign, absolutely or otherwise, his security interest in the vehicle to a person other than the owner without affect ing the interest of the owner or the validity of the security interest, but any person without notice of the assignment is protected in dealing with the lienholder as the holder of the security interest and the lienholder remains liable for any obligations as lienholder until the assignee is named as lienholder on the certificate.
(b) The assignee may, but need not to perfect the assignment, have the certificate of title endorsed or issued with the assignee named as lienholder, upon delivering to the Commissioner the certificate and as signment by the lienholder named in the certificate in the form the Com missioner prescribes.
SECTION 25.
Release of Security Interest.
(a) If the security interest of a lienholder named on the certificate of title is satisfied, he shall, within ten (10) days after demand, execute a release of the security interest in the form the Commissioner pre scribes and mail or deliver the release to the owner.
(b) The owner shall then forward the certificate of title with the release of the security interest to the Commissioner, who shall release the lienholder's rights on the certificate or issue a new certificate, and mail or deliver the certificate to the owner.

SECTION 26.
Duty of lienholder.
A lienholder named in a certificate of title shall, upon written re quest of the owner, of another lienholder named on the certificate, of an interested third party, or by the Commissioner, disclose any pertinent information as to his security agreement and the indebtedness secured by it.
SECTION 27.
Exclusiveness of procedure.
The method provided in this Act of perfecting and giving notice of security interests subject to this Act is exclusive. Security interests sub ject to this Act are hereby exempted from the provisions of law which otherwise require or relate to the recording or filing of instruments creating or evidencing security interests in vehicles.

624

JOURNAL OP THE HOUSE,

SECTION 28.
Suspension or revocation of certificates.
(a) The Commissioner shall suspend or revoke a certificate of title, upon notice and reasonable opportunity to be heard in accordance with Section 29, when authorized by any other provision of law or if he finds:
(1) The certificate of title was fraudulently procured or errone ously issued, or
(2) The vehicle has been scrapped, dismantled or destroyed.
(b) Suspension or revocation of a certificate of title does not, in itself, affect the validity of a security interest noted on it.
(c) When the Commissioner suspends or revokes a certificate of title, the owner or person in possession of it shall, immediately upon receiving notice of the suspension or revocation, mail or deliver the cer tificate to the Commissioner.
(d) The Commissioner may seize and impound any certificate of title which has been suspended or revoked.
SECTION 29.
Hearings.
The Commissioner shall establish a board to hear complaints of per sons aggrieved by the Commissioner's acts or omissions to act in the administration of this Act. The Commissioner shall promulgate rules and regulations governing the procedure for such hearings.
SECTION 30.
Court review.
A person aggrieved by an act or omission to act of the Commissioner in the administration of this Act is entitled to a review of a hearing conducted pursuant to Section 29 by the superior court of the county of said person's residence. Said review shall be a de novo proceeding.

PART III. OFFENSE PROVISIONS.
SECTION 31.
Offenses relating to certificates,
(a) Felonies. A person who, with fraudulent intent:
(1) Alters, forges or counterfeits a certificate of title;
(2) Alters or forges an assignment of a certificate of title, or an assignment or release of a security interest, on a certificate of title or a form the Commissioner prescribes;
(3) Has possession of or uses a certificate of title knowing it to have been altered, forged or counterfeited; or
(4) Uses a false or fictitious name or address or makes a material false statement, or fails to disclose a security interest, or conceals any other material fact, in an application for a certificate of title; is guilty of a felony.

MONDAY, FEBRUARY 20, 1961

625

(b) Misdemeanors. A person who:
(1) With fraudulent intent, permits another, not entitled thereto, to use or have possession of a certificate of title;
(2) Wilfully fails to mail or deliver a certificate of title, to the Commissioner or a release of security interest to the owner within ten (10) days after the time required by this Act;
(3) Wilfully violates any other provision of this Act, except as pro vided in subsection (a); is guilty of a misdemeanor.
SECTION 32.
Stolen, converted, recovered and unclaimed vehicles.
(a) A Peace Officer who learns of the theft of a vehicle not since recovered shall report the theft to the Commissioner. A Peace Officer who learns of the recovery of a vehicle whose theft or conversion he knows or has reason to believe has been reported to the Commissioner shall forthwith report the recovery to the Commissioner.
(b) Owner's or Lienholder's Report. An owner or a lienholder shall report the theft of a vehicle, or its conversion if a crime, to the Com missioner. A person who has so reported the theft or conversion of a vehicle shall, forthwith after learning of its recovery, report the recov ery to the Commissioner.
(c) Garage Operator's Report. An operator of a place of business for garaging, repairing, parking or storing vehicles for the public, in which a vehicle remains unclaimed for a period of thirty (30) days, shall, within five (5) days after the expiration of that period, report the vehicle as unclaimed to the Commissioner. A vehicle left by its owner whose name and address are known to the operator or his employee is not considered unclaimed. A person who fails to report a vehicle as un claimed in accordance with this subsection forfeits all claims and liens for its garaging, parking or storing.
(d) Commissioner's Record. The Commissioner shall maintain an appropriately indexed weekly and cumulative public records of stolen, converted, recovered and unclaimed vehicles reported to it pursuant to this Section. The Commissioner may make and distribute copies of the weekly records so maintained to peace officers upon request without fee and to others for the fee, if any, the Commissioner prescribes.
(e) Commissioner's Action. The Commissioner may suspend the registration of a vehicle whose theft or conversion is reported to it pur suant to this Section; until the Commissioner learns of its recovery or that the report of its theft or conversion was erroneous, it shall not issue a certificate of title for the vehicle.
SECTION 33.
False report of theft or conversion.
A person who knowingly makes a false report of the theft or con version of a vehicle to a peace officer or to the Commissioner is guilty of a misdemeanor.

626

JOURNAL OF THE HOUSE,

SECTION 34.
Removed, falsified or unauthorized identification number or regis tration license plate on vehicle or engine.
(a) A person who wilfully removes (except in conformance with Section 20) or falsifies an identification number of a vehicle or an en gine for a vehicle, is guilty of a misdemeanor.
(b) A person who, wilfully and with intent to misrepresent the identity of a vehicle or engine removes or falsifies an identification number of the vehicle or engine with intent to convert or defraud, is guilty of a felony.
(c) A person who buys, receives, possesses, sells or disposes of a vehicle or an engine for a vehicle, knowing that an identification number of the vehicle or engine has been falsified, is guilty of a felony.
(d) A person who buys, receives, possesses, sells or disposes of a vehicle or an engine for a vehicle, knowing that an identification num ber of the vehicle or engine has been removed or falsified and with in tent to conceal or misrepresent the identity of the vehicle or engine, is guilty of a felony.
(e) A person who removes a registration license plate from a ve hicle or affixes to a vehicle a registration license plate not authorized by law for use on it, in either case with intent to conceal or misrepresent the identity of the vehicle or its owner, is guilty of a misdemeanor.
(f) As used in this Section:
(1) "Identification Number" includes an identifying number, serial number, engine number or other distinguishing number or mark, placed on a vehicle or engine by its manufacturer or by authority of the Com missioner or in accordance with the laws of another State or country;
(2) "Remove" includes deface or destroy;
(3) "Falsify" includes alter and forge.
(g) An identification number may be placed on a vehicle or engine by its manufacturer in the regular course of business or placed or re stored on a vehicle or engine by authority of the Commissioner without violating this Section; an identification number so placed or restored is not falsified.
SECTION 35.
Evidence of criminal intent or knowledge.
In a prosecution for a crime specified in this Act, evidence that the defendant has committed a prior act or acts of the same kind is admis sible to prove criminal intent or knowledge.

SECTION 36.
Penalties.
Unless another penalty is provided in this Act:
(a) Felonies. A person convicted of a felony for the violation of a provision of this Act is punishable by a fine of not less than five hundred

MONDAY, FEBRUARY 20, 1961

627

dollars ($500.00), nor more than five thousand dollars ($5,000.00), or by imprisonment for not less than one (1) year nor more than five (5) years, or by both such fine and imprisonment;
(b) Misdemeanors. A person convicted of a misdemeanor for the violation of a provision of this Act is punishable by a fine not to exceed one thousand dollars ($1,000.00), confinement in the county or other jail not to exceed six (6) months, to work on the public works in such public works camp or other appropriate institution under the jurisdiction of the State Board of Corrections not to exceed twelve (12) months, any one or more of these punishments in the discretion of the trial judge.

SECTION 37.
Effect on other laws.
The penal provisions of this Act in no way repeal or modify any existing provision of criminal law but are additional and supplementary thereto.

PART IV. IMPLEMENTATION PROVISIONS FOR PREVI OUSLY REGISTERED VEHICLES.
SECTION 38.
Previously registered vehicle defined.
A "previously registered vehicle" means a vehicle registered in this State when this Act takes effect or a vehicle whose last registration before this Act takes effect was in this State.
SECTION 39.
Deferred application of Act to previously registered vehicles.
Part II of this Act does not apply to a previously registered vehicle until:
(a) It is purchased from a dealer in this State after this Act takes effect;
(b) The Commissioner issued a certificate of title for the vehicle; or
(c) Three (3) years elapse from the date this Act takes effect.
SECTION 40.
Security interest in a previously registered vehicle.
A security interest in a previously registered vehicle for which no certificate of title or application for certificate is required is per fected by the delivery to the Commissioner of a notice of security in terest in the form the Commissioner prescribes and the required fee. It is perfected as of the time of its creation if the delivery is completed within ten (10) days thereafter, otherwise, as of the time of delivery. A notice of a security interest created or reserved before this Act takes effect need be executed by the lienholder only.
SECTION 41.
Unsatisfied security interest in previously registered vehicle.

628

JOURNAL OF THE HOUSE,

If a security interest in a previously registered vehicle is perfected under any other applicable law of this State at the time this Act takes effect, the security interest continues perfected:
(a) Until its perfection lapses under the law under which it was perfected or would lapse in the absence of a further recording or fil ing; or
(b) Until the earlier lapse of two (2) years and nine (9) months from the date this Act takes effect; and
(c) Thereafter if previously perfected under Section 40.
SECTION 42.
Filing and record of notices of security interests; examination of record.
(a) The Commissioner shall file each notice of security interest received by it with the required fee and maintain a record of all notices of security interests filed by it:
(1) Alphabetically, under the name of the owner;
(2) Under the identifying number of the vehicle; and
(3) In the discretion of the Commissioner, in any other method it determines.
(b) The Commissioner need not maintain, in the record provided for in subsection (a), any reference to a security interest in a previously registered vehicle after the Commissioner files a notice of release of the security interest or issues a certificate of title of the vehicle containing the name of the lienholder.
(c) The Commissioner, before issuing or reissuing a certificate of title, shall check the name of the owner and the identifying number of the vehicle against the record provided for in subsection (a).
SECTION 43.
Assignment by lienholder.
(a) A lienholder may assign, absolutely or otherwise, his security interest in the vehicle to a person other than the owner without affect ing the interest of the owner or the validity of the security interest, but any person without notice of the assignment is protected in dealing with the lienholder as the holder of the security interest and the lienholder remains liable for any obligations as lienholder until an assignment by the lienholder is delivered to the Commissioner as provided in sub section (b).
(b) The assignee may, but need not to perfect the assignment, deliver to the Commissioner an assignment by the lienholder in the form the Commissioner prescribes.
(c) The Commissioner shall file each assignment received by it and note the assignee as lienholder upon the record of notices of security interests maintained by the Commissioner pursuant to Section 42.

MONDAY, FEBRUARY 20, 1961

629

SECTION 44.
Release of security interest.
(a) If the security interest of a lienholder named in a notice of security interest filed by the Commissioner is satisfied, he shall, within ten (10) days after demand, execute a release of the security interest in the form the Commissioner prescribes and mail or deliver the release to the Commissioner.
(b) Upon receipt of the release of security interest the Commis sioner shall file the release and note it upon the record of notices of security interests maintained by the Commissioner pursuant to Sec tion 42.
SECTION 45.
Duty of Lienholder.
A lienholder named in a notice of security interest filed by the Commissioner shall, upon written request of the owner, of another lienholder, of an interested third party, or by the Commissioner, disclose any pertinent information as to his security agreement and the indebt edness secured by it.
SECTION 46.
Repeal.
The following laws or parts of laws are hereby specifically repealed: Ga. Code Section 68-206, as amended, which provides for the issu ance, revocation, duplication, and fees for certificates of title on sale of motor vehicles; Ga. Code Section 68-207, as amended, which provides for transfer of certificates of title for motor vehicles upon sale; Ga. Code Section 68-222, as amended, which provides for submission of monthly reports by automobile dealers to the State Revenue Commissioner; Sec tion 8 of an Act approved March 9, 1955 (Ga. Laws 1955, p. 659), which provides for a central license tag file to be maintained by the State Reve nue Commissioner; Ga. Code Section 68-9903, which provides a penalty for forging or altering a motor vehicle certificate of registration; Ga. Code Section 68-9904, which provides a penalty for operation of a motor vehicle after transfer of title without obtaining a new certificate of registration.
SECTION 47.
Time of taking effect.
This Act shall take effect January 1, 1962. The Governor may by executive order postpone the effective date of this Act until March 1, 1962.
SECTION 48.
All laws and parts of laws in conflict with the provisions of this Act are hereby repealed.

An amendment to the substitute offered by Mr. Jones of Lumpkin was read and lost.

630

JOURNAL OF THE HOUSE,

An amendment to the substitute offered by Mr. Murphy of Haralson was read and lost.

The substitute was adopted.

The previous question was ordered.

The main question was ordered.

The report of the committee, which was favorable to the passage of the Bill, was agreed to, by substitute.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Adams Akins Andrews of Stephens Arnsdorff Ballard Barber Barnett of Wilkes Barnett of Baker Birdsong Blalock Bolton Bowen of Randolph Boyett Bozeman Branch Brooks of Fulton Budd Busbee Caldwell Carswell Chandler Clark of Catoosa Clarke of Monroe Cloer Cocke Cox Crowe Dicus Duncan of Fannin Duncan of Carroll Dunn Echols Flexer Floyd Fordham Fowler of Douglas

Fowler of Treutlen Fuqua Greene Hale Hall of Lee Hall of Floyd Harrell Howard Hull Joiner Jones of Liberty Jones of Worth Jordan Keadle Keyton Kidd Killian Killingsworth King Knight of Laurens Knight of Berrien Lane Lee Lewis Loggins Lovett Lowrey Mackay Matthews of Colquitt McClelland McCracken McCutchen McGarity Melton Miller Moore Morgan

Morris Mullis Murphy NeSmith Newton Odom Pannell Paris Parker of Ware Payton Pelham Phillips of Columbia Phillips of Bibb Pickard Poole Potts Rogers of Paulding Scarborough Simmons Simpson Sinclair Smith of Grady Smith of Fulton Smith of Habersham Smith of Whitfield
Steis Stevens Story Tamplin Taylor of Bibb Teague Thornton Tucker Twitty Underwood of Taylor Vaughn Waldrop

MONDAY, FEBRUARY 20, 1961

631

Walker of Telfair Ware Wells of Peach

Wells of Oconee Wells of Camden White

Wickham Willingham Wilson

Those voting in the negative were Messrs.:

Andrews of Hall Barrett Baughman Black Brackin Brooks of Oglethorpe Brown Bynum Chance Collins Conner Crawford Culpepper Been Dickey Dollar Doster Fleming Funk Henderson

Hodges Horton Hurst Jernigan Johnson Jones of Lumpkin Kelly Lokey Massee Milhollin Mixon Moate Moorman Otwell Parker of Appling Farmer Phillips of Walton Purcell Raulerson Ray

Roberts Roper Rutland Sangster Shuman Singer Smith of Brantley Stuckey Summers Tabb Taylor of Dawson Taylor of Decatur Underwood of
Montgomery Walker of Lowndes Watson Williams of Coffee Williams of Hall Young

Those not voting were Messrs.:

Boggs' Bowen of Toombs Coker Davis Dornliny Fitzgerald Flynt Hill Jones of Sumter

Kimmons Kirkland Lanier Matthews of Clarke McDonald Moss Parker of Screven Rodgers of Charlton Ross

Rowland Scoggin Sheffield Strickland Todd Undercofler Wilkes Woodward Mr. Speaker

On the passage of the Bill, by substitute, the ayes were 120, nays 58.

The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 156. By Mr. Ballard of Newton:
A Bill relating to the apportionment of the House of Representatives among the several counties, and for other purposes.

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

On the passage of the Bill, the ayes were 121, nays 6.

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

632

JOURNAL OP THE HOUSE,

HR 65-171. By Messrs. Floyd of Chattooga, Rogers of Paulding, and Knight of Berrien:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize future Governors to succeed themselves in office; to define the words "one term of office"; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1
Article V, Section I, Paragraph I of the Constitution, relating to the Governor, his term of office and other related matters, is hereby amended by striking the same in its entirety and inserting in lieu there of a new Paragraph I, to read as follows:
"Paragraph I. The executive power shall be vested in a Gov ernor, who shall hold his office during the term of four years, and until his successor shall be chosen and qualified. The Governor who is elected to take office in the year 1963 and all future Gover nors shall be eligible to succeed themselves for one term of office and shall not be eligible to again hold the office until after the expiration of four years from the conclusion of his second term of office if elected to succeed himself. If the Governor is defeated in an election to succeed himself for a second term or declines to seek re-election, for a second term, he shall not be eligible to again hold the office of Governor until after the expiration of four years from the conclusion of the last term served by him as Governor. The salary of the Governor shall be provided by law, but shall not be less than $12,000.00 per annum. The salary of the Governor shall not be increased or diminished during the period for which he shall have been elected.
"The Governor shall not, during his term of office, receive any emolument from the United States, any other State or any foreign power. The State officers, required by this Constitution to be elected at the same time, for the same term and in the same man ner as the Governor, shall also hold office for four years. Those words "one term of office" as used herein shall mean one full four year term and shall not include the time served by the Lieutenant Governor while exercising the executive power of the Governor and shall not include the time served by a Governor elected to fill an unexpired term."
SECTION 2
When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, 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.

MONDAY, FEBRUARY 20, 1961

633

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 future Governors to succeed themselves.
"Against ratification of amendment to the Constitution so as to authorize future Governors to succeed themselves."
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.

An amendment offered by Mr. Williams of Hall was read and lost.

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

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Abney Adams Akins Andrews of Hall Bozeman Brown Bynum Chance Chandler Doster Fitzgerald

Floyd Hodges Hurst Kidd Loggins Massee Moate Moore Moss Murphy Poole

Rogers of Paulding Sheffield Smith of Habersham Steis Summers Tamplin Thornton Walker of Telfair Wells of Camden Young

Those voting in the negative were Messrs.:

Andrews of Stephens Arnsdorff Ballard Barber Barnett of Wilkes Barnett of Baker Barrett Baughman Birdsong Black Blalock Boggs

Bowen of Randolph Bowen of Toombs Brackin Branch Brooks of Oglethorpe Brooks of Fulton Budd Busbee Caldwell Carswell Clark of Catoosa Clarke of Monroe

Cloer Cocke Collins Cox Crawford Crowe Culpepper Davis Dickey Dicus Dollar Dorminy

634

JOURNAL OF THE HOUSE,

Duncan of Fannin Dunn Echols Fleming Flexer Flynt Fordham Fowler of Treutlen Funk Fuqua Hale Hall of Lee Harrell Henderson Hill Horton Howard Hull Jernigan Johnson Joiner Jones of Lumpkin Keadle Kelly Keyton Killingsworth Kimmons King Knight of Laurens Lane Lanier Lee Lewis Lokey Lovett

Lowrey Mackay Matthews of Clarke Matthews of Colquitt MeCracken McCutchen McGarity Milhollin Miller Mixon Moorman Morgan NeSmith Newton Odom Otwell Pannell Paris Parker of Screven Parker of Ware Parker of Appling Farmer Payton Pelham Phillips of Columbia Phillips of Walton Phillips of Bibb Pickard Potts Purcell Raulerson Ray Roberts Rodgers of Charlton Roper

Ross Rutland Scarborough Shuman Simmons Simpson Sinclair Smith of Grady Smith of Brantley Smith of Fulton Story Tabb Taylor of Dawson Taylor of Decatur Taylor of Bibb Teague Twitty Underwood of
Montgomery Underwood of Taylor Vaughn Walker of Lowndes Ware Wells of Peach Wells of Oconee White Wickham Wilkes Williams of Coffee Williams of Hall Willingham Wilson Woodward

Those not voting were Messrs.:

Bolton Boyett Coker Conner Been Duncan of Carroll Fowler of Douglas Greene Hall of Floyd Jones of Liberty Jones of Worth Jones of Sumter

Jordan Killian Kirkland Knight of Berrien McClelland McDonald Melton Morris Mullis Rowland Sangster Scoggin

Singer Smith of Whitfield Stevens Strickland Stuckey Todd Tucker Undercofler Waldrop Watson Mr. Speaker

On the adoption of the Resolution, the ayes were 32, nays 138.

The Resolution, having failed to receive the requisite two-thirds constitu tional majority, was lost.

MONDAY, FEBRUARY 20, 1961

635

Mr. Bozeman of Tift voted Aye under misapprehension when in fact it was his intention to vote No.

HB 211. By Messrs. Kidd and Chandler of Baldwin:
A Bill providing that the salary of officials or employees of an incor porated town, city, county or State government may be garnished, and for other purposes.

Mr. Odom of Dougherty moved that further consideration of HB 211 be post poned until tomorrow.

The motion prevailed and further consideration of HB 211 was postponed until tomorrow.

HB 48. By Messrs. Smith and McClelland of Pulton:
A Bill forbidding the imposing of a death penalty upon any person under the age of eighteen years for the commission of any crime or crimes in the State of Georgia, and for other purposes.

The following amendments were read and adopted:

Mr. Smith of Brantley moves to amend HB 48 by adding to Section 1 of said Bill the words:
"such persons confined under age 18 as provided by this act shall not be eligible for parole until 20 years after such sentence."

Mr. Fleming of Richmond moves to amend HB 48 by adding a new section to be known as Section I-B to read as follows:
"The burden of proof of establishing the age shall be upon the defendant."

The report of the 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 24, nays 98.

The Bill, having failed to receive the requisite constitutional majority, was lost.

Leave of absence was granted to Mr. McDonald of White for February 20, 1961, due to death of a member of his family.

Mr. Ray of Warren moved that the House do now adjourn until 10:30 o'clock a. m. tomorrow and the motion prevailed.

The Speaker declared the House adjourned until 10:30 o'clock tomorrow.

636

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia
Tuesday, February 21, 1961 The House met pursuant to adjournment at 10:30 o'clock, A.M., this day

and was called to order by the Speaker.

Prayer was offered by the Chaplain.
By unanimous consent the call of the roll was dispensed with.
Mr. Black of Webster, Chairman of the Committee on Auditing, Enrolling, Engrossing and Journals reported that the Journal of the previous legislative day 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.

Leave of absence for Tuesday, February 21, 1961, was granted to Mr. Boggs of Madison due to illness.

The following report of the Committee on Rules was read and adopted:
Mr. Speaker:
Your Committee on Rules met and fixed the calendar for today's business, Tuesday, February 21, 1961, and submits the following:
1. HB 90 General Appropriations Act
Respectfully submitted,
Smith of Emanuel, Chairman Undercofler of Sumter, Secretary

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

HB 512. By Messrs. Waldrop and Duncan of Carroll:
A Bill to be entitled an Act to amend an Act creating and adopting a new charter for the Town of Temple, and for other purposes.
Referred to the Committee on Local Affairs.

TUESDAY, FEBRUARY 21, 1961

637

HB 513. By Mr. Singer of Stewart:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Lumpkin, so as to change the corporate limits of said City, and for other purposes.
Referred to the Committee on Local Affairs.

HB 514. By Messrs. Twitty of Mitchell, Hall of Floyd, McCracken of Jefferson, Cox of Clarke, Phillips of Columbia, McCutchen of Gilmer and others:
A Bill to be entitled an Act to authorize the State Personnel Board to provide a Health Insurance Plan for employees of the State of Georgia, and for other purposes.
Referred to the Committee on State of Republic.
HB 515. By Messrs. Williams and Andrews of Hall:
A Bill to be entitled an Act to amend an Act relating to election pre cincts, and for other purposes.
Referred to the Committee on Special Judiciary.
HB 516. By Messrs. Dollar and Taylor of Decatur:
A Bill to be entitled an Act to amend an Act relating to the compensa tion of the Treasurer of Decatur County; and for other purposes.
Referred to the Committee on Local Affairs.
HB 517. By Messrs. McClelland, Brooks and Smith of Fulton:
A Bill to be entitled an Act to amend an Act providing that cities hav ing a population of more than 150,000 shall furnish pensions to officers and employees of such cities, and for other purposes.
Referred to the Committee on Local Affairs.
HB 518. By Messrs. McClelland, Brooks and Smith 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 more than 150,000, and for other purposes.
Referred to the Committee on Local Affairs.
HB 519. By Messrs. Smith and Boyett of Whitfield:
A Bill to be entitled an Act to amend an Act amending the charter of the City of Dalton, by incorporating in said city all of the lands and territory located in land lot No. 234 and certain parts of Land Lots Nos. 222, 223, and 235 in the 12th district and 3rd section of Whitfield County, and for other purposes.
Referred to the Committee on Local Affairs.

HB 520. By Messrs. Crawford, Funk and Dickey of Chatham:
A Bill to be entitled an Act to amend an Act relating to the Game and Fish Commission, so as to provide that the provisions relating to hold-

638

JOURNAL OF THE HOUSE,

ing an election for opening sounds shall not apply to certain counties, and for other purposes.
Referred to the Committee on Natural Resources.

HB 521. By Messrs. Willingham, Wilson and Teague of Cobb:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Acworth, so as to extend the present corporate limits of said city to include therein certain territory in the County of Cobb contiguous and adjacent to the north and east boundaries thereof, and for other purposes.
Referred to the Committee on Local Affairs.

HB 522. By Messrs. Willingham, Teague and Wilson of Cobb:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Smyrna, so as to increase the corporate limits, and for other purposes.
Referred to the Committee on Local Affairs.

HB 523. By Messrs. Willingham, Wilson and Teague of Cobb:
A Bill to be entitled an Act to amend an Act incorporating the City of Powder Springs, so as to change the corporate limits, and for other purposes.
Referred to the Committee on Local Affairs.

HB 524. By Mr. Willingham of Cobb:
A Bill to be entitled an Act to provide an appropriation, pursuant to the provisions of Sections 9 and 13 of the Employment Security Law to the Department of Labor, and for other purposes.
Referred to the Committee on Appropriations.

HB 525. By Messrs. Fleming, Fuqua and Hull of Richmond:
A Bill to be entitled an Act to provide an additional compensation for the Solicitor General of certain judicial circuits, payable by certain counties in addition to the salary paid to him by the State; and for other purposes.
Referred to the Committee on Local Affairs.

HB 526. By Messrs. Fleming, Hull and Fuqua of Richmond:
A Bill to be entitled an Act to amend an Act to establish the City Court of Richmond County; and for other purposes.
Referred to the Committee on Local Affairs.

HB 527. By Messrs. Fleming, Hull and Fuqua of Richmond: A Bill to be entitled an Act to revise, consolidate and clarify the laws

TUESDAY, FEBRUARY 21, 1961

639

relating to the Municipal Court of the City of Augusta, and for other purposes.
Referred to the Committee on Local Affairs.

HB 528. By Messrs. Hull, Fleming and Fuqua of Richmond:
A Bill to be entitled an Act to change from the fee to the salary system in certain counties having a population of not less than 135,000 the Clerk of the Superior Court, the Sheriff, the Ordinary, the Tax Col lector, the Tax Receiver and Treasurer, and for other purposes.
Referred to the Committee on Local Affairs.

HB 529. By Messrs. Fleming, Hull and Fuqua of Richmond:
A Bill to be entitled an Act to repeal an Act entitled "An Act to in corporate the village of Nellieville, in the County of Richmond, and for other purposes.
Referred to the Committee on Local Affairs.

HB 530. By Messrs. Fleming, Hull and Fuqua of Richmond:
A Bill to be entitled an Act to provide for the appointment of a first assistant solicitor-general, a second assistant solicitor-general and two stenographer-clerks in the office of the solicitor-general in counties hav ing a certain population, and for other purposes.
Referred to the Committee on Local Affairs.

HB 531. By Messrs. Fleming, Hull and Fuqua of Richmond:
A Bill to be entitled an Act to provide that the coroner in certain coun ties shall be paid a salary in lieu of the fees allowed by law, and for other purposes.
Referred to the Committee on Local Affairs.
HB 532. By Messrs. Fleming, Hull and Fuqua of Richmond:
A bill to be entitled an Act to provide for the appointment of a secre tary to serve the judges of the City courts in certain counties, and for other purposes.
Referred to the Committee on Local Affairs.
HB 533. By Mr. Caldwell of Upson:
A Bill to be entitled an Act to allow the condemnation of abandoned or unclaimed vehicles in the possession of law enforcement officers; to establish a procedure for condemnation and sale of such vehicles; and for other purposes.
Referred to the Committee on Judiciary:
HB 534. By Mr. Caldwell of Upson:
A Bill to be entitled an Act to give operators of places of business for garaging, repairing, parking, or storing vehicles for the public a special

640

JOURNAL OF THE HOUSE,

miscellaneous possessory lien for reasonable garaging, parking, or stor ing charges that accrue against unclaimed vehicles for a specifically limited period of time; and for other purposes.
Referred to the Committee on Judiciary.

HB 535. By Messrs. Andrews of Hall, Thornton of Bibb, Odom of Dougherty, Steis of Harris, Plynt of Taliaferro, Tucker of Burke and others:
A Bill to be entitled an Act to amend an Act reorganizing the State Department of Law and relating to the appointment of Assistant Attorney-Generals, and for other purposes.
Referred to the Committee on State of Republic.

HB 536. By Mr. McGarity of Henry:
A Bill to be entitled an Act to amend an Act relating to eligibility and qualifications for holding public office, so as to change one pro vision thereof, and for other purposes.
Referred to the Committee on Judiciary.

HB 537. By Messrs. Brooks of Pulton and Hall of Floyd:
A Bill to be entitled an Act authorizing the State Department of Edu cation on behalf of the State of Georgia to lease for periods up to 4 years State owned property which is controlled and held by the State Board of Education for its own use to County School boards, City Boards, etc., and for other purposes.
Referred to the Committee on Education.

HB 538. By Messrs. Pickard, Wickham and Dicus of Muscogee:
A Bill to be entitled an Act vesting in the City of Columbus fee simple title to a certain tract of land in said City, and for other purposes.
Referred to the Committee on Local Affairs.

HR 173-538. By Messrs. Smith and Boyett of Whitfield: A Resolution to compensate Mr. Sherman C. Burgess; and for other purposes. (Georgia Historical Commission).
Referred to the Committee on Appropriations.
HR 174-538. By Mr. Crawford of Chatham: A Resolution to compensate Ben Howard, Jr. and for other purposes. (Highway Dept.)
Referred to the Committee on Appropriations.
HR 175-538. By Messrs. Hall of Floyd, Greene and Crowe of Bartow: A Resolution to compensate H. S. Mahan, Jr., and for other purposes. (State Highway Dept.)
Referred to the Committee on Appropriations.

TUESDAY, FEBRUARY 21, 1961

641

HR 176-538. By Mr. Jones of Liberty:
A Resolution authorizing the conveyance of certain land in Liberty County, and for other purposes.
Referred to the Committee on State Institutions and Property.

HR 177-538. By Messrs. Jones and Undercofler of Sumter:
A Resolution providing for the exchange of certain State Highway Department right-of-way property for access and other rights of Mr. Charles H. Wheatley in Sumter County, and for other purposes.
Referred to the Committee on State Institutions and Property.

HB 539. By Mr. Twitty of Mitchell:
A Bill to be entitled an Act to amend an Act relating to the levy, assessment and collection of income taxes imposed thereunder; to pro vide an election to define small business corporations as to their tax able status along the lines of sub-chapter S of the U.S.I.R.C.; to pro vide an allowance for deduction of taxes and interest paid to coopera tive housing corporations along the lines of Section 216 of the U.S.I.R.C.; and for other purposes.
Referred to the Committee on Ways and Means.

HB 540. By Messrs. McCutchen of Gilmer and Farmer of Heard:
A Bill to be entitled an Act to amend an Act creating the office of Georgia Safety Fire Commissioner, so as to authorize the collection of a fee for issuing Permits to purchase explosives; and for other purposes.
Referred to the Committee on Hygiene and Sanitation.

HB 541. 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, so as to authorize the City of Cordele to close and sell a certain alley, and for other purposes.
Referred to the Committee on Local Affairs.

HR 178-541. By Messrs. Story and Morgan of Gwinnett:
A Resolution authorizing and directing the State Librarian to furnish certain law books to the Judge of Superior Court of the Gwinnett Judi cial Circuit; and for other purposes.
Referred to the Committee on Local Affairs.

HR 179-541. By Messrs. Story and Morgan of Gwinnett:
A Resolution authorizing and directing the State Librarian to furnish certain laws books to the Clerk of the Superior Court and the Ordinary of Gwinnett County, and for other purposes.
Referred to the Committee on Local Affairs.

642

JOURNAL OP THE HOUSE,

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

HB 415. By Mr. Keadle of Lamar:
A Bill to be entitled an Act to amend an Act creating the office of Tax Commissioner of Lamar County; and for other purposes.

HR 144-415. By Mr. Twitty of Mitchell:
A Resolution confirming rules and regulations promulgated by the State Game and Pish Commission pursuant to the "Georgia Motorboat Numbering Act"; and for other purposes.

HB 416. By Messrs. Barnett of Wilkes, Miller of Elbert and Odom of Dougherty:
A Bill to be entitled an Act to amend an Act relating to the salaries and fees of State House Officers and certain other officers, so as to provide that all county officers, whether appointed or elected, who receive fees and compensation other than or in addition to a salary, shall keep a daily account thereof; and for other purposes.

HB 417. By Messrs. Murphy of Haralson, Duncan of Carroll, Rogers of Paulding, Underwood of Taylor, Coker of Walker, Parker of Ware and Carswell of Wilkinson:
A Bill to be entitled an Act to provide that in all cases in which here tofore a defendant would be sentenced to death by electrocution, it shall be mandatory upon the trial judge to direct that the defendant be sentenced to life imprisonment in the State penitentiary; and for other purposes.

HB 418. By Mr. Busbee of Dougherty:
A Bill to be entitled an Act to amend an Act relating to marriage licenses; how granted, returned and recorded; and for other purposes.

HB 419. By Messrs. McGarity of Henry, Walker of Telfair, Moorman of Lanier, Woodward of Butts, Roberts of Jones, Underwood of Taylor and many others.
A Bill to be entitled an Act to provide for local option for sale and regulation of fireworks, and for other purposes.

HB 420. By Messrs. Hall, Lowrey and Scoggin of Floyd:
A Bill to be entitled an Act to authorize the Clerk of the Superior Court and other proper officers to install and use microfilm photo graphic equipment in recording all records relating to any court cases, in certain counties; and for other purposes.

HB 421. By Messrs. Hall, Lowrey and Scoggin of Floyd:
A Bill to be entitled an Act to amend an Act which creates the office of Tax Commissioner of Floyd County, so as to change the compensa tion accruing to the office of Tax Commissioner; and for other pur poses.

TUESDAY, FEBRUARY 21, 1961

643

HB 422. By Messrs. Hall, Lowrey and Scoggin of Floyd:
A Bill to be entitled an Act to provide for the compensation of the Treasurer of Floyd County, and for other purposes.

HB 423. By Messrs. Hall, Lowrey and Scoggin of Floyd:
A Bill to be entitled an Act to amend an Act to provide for the mode and amount of compensation accruing to the offices of Clerk of the Superior Court, Clerk of the City Court, Sheriff and Comptroller of Floyd County; and for other purposes.

HB 424. By Messrs. Scoggin, Hall and Lowrey of Floyd:
A Bill to be entitled an Act to create the Rome-Floyd County Industrial Development Authority; and for other purposes.

HB 425. By Messrs. Hall, Lowrey and Scoggin of Floyd:
A Bill to be entitled an Act to fix the compensation of and for members of the Board of Roads and Revenues of Floyd County, to restrict and limit their expense account; and for other purposes.
HB 426. By Messrs. Hall, Lowrey and Scoggin of Floyd:
A Bill to be entitled an Act to amend an Act providing for the com pensation of the members of the County Board of Education of Floyd County; and for other purposes.
HB 427. By Messrs. Busbee and Odom of Dougherty:
A Bill to be entitled an Act to amend an Act creating and establishing a new charter for the City of Albany, relating to registration books and voters; and for other purposes.

HB 428. By Mr. Rodgers of Charlton:
A Bill to be entitled an Act to provide for the districting of Charlton County into fire protection districts; and for other purposes.

HB 429. By Mr. Twitty of Mitchell:
A Bill to be entitled an Act to amend an Act establishing the State Employees' Retirement System; and for other purposes.

HB 430. By Messrs. Matthews and Cox of Clarke:
A Bill to be entitled an Act to authorize the Mayor and Council of this City of Athens to close that portion of Cloverhurst Avenue be tween Baxter Street and Finley Street in said City; and for other purposes.

HB 431. By Mr. Otwell of Forsyth:
A Bill to be entitled an Act to amend an Act providing a new charter for the City of Gumming, so as to change the corporate limits; and for other purposes.

644

JOURNAL OF THE HOUSE,

HB 432. By Mr. McClelland of Fulton:
A Bill to be entitled an Act to amend an Act prohibiting false whole sale advertising and misrepresenting the true nature of business; de fining the term "wholesale" as used in the Act; prohibiting any per son, firm, association, or corporation from misrepresenting true owner ship of a business for the purpose of liquidation sale, auction sale, or other sale which represents that said firm is going out of business; and for other purposes.

HB 433. By Messrs. Lanier of Candler, Matthews and Newton of Colquitt, Fowler of Douglas, Bowen of Toombs, Cox of Clarke, Johnson of Jenkins and Ray of Warren:
A Bill to be entitled an Act to be known as the "Georgia Agricultural Commodities Promotion Act", and for other purposes.

HB 434. By Messrs. Mackay, Howard and Rutland of DeKalb:
A Bill to be entitled an Act to amend an Act to provide for the listing and adoption of textbooks for use in the public schools in this State and to prescribe the duties of the State Board of Education with reference thereto; and for other purposes.

HB 435. By Messrs. Williams and Andrews of Hall:
A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Roads and Revenues for Hall County; and for other purposes.
HB 436. By Messrs. Brooks, Smith and McClelland of Fulton:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Fairburn, so as to close certain streets, and for other purposes.
HB 437. By Messrs. Pickard, Dicus and Wickham of Muscogee:
A Bill to be entitled an Act to confer upon counties the right and power to condemn private property and any right or rights therein for the purpose of small watershed projects and for watershed protection and flood control and for public parks and public recreational facilities, etc., and for other purposes.
HB 438. By Messrs. Pickard, Dicus and Wickham of Muscogee:
A Bill to be entitled an Act to confer upon Muscogee County the right and power to condemn private property and any right or rights therein for the purpose of small watershed projects and watershed protection and flood control and for public parks and public recreational facilities to be developed in connection with the development or construction of any such project and for ways of ingress thereto and engress therefrom, and for other purposes.
HB 439. By Mr. Stuckey of Dodge:
A Bill to be entitled an Act to amend an Act to change from the fee system to the salary system in the County of Dodge, the sheriff of

TUESDAY, FEBRUARY 21, 1961

645

said county and the Clerk of the Superior Court; and for other pur poses.

HB 440. By Mr. Stuckey of Dodge:
A Bill to be entitled an Act to amend an Act to change from the fee system to the salary system in the County of Dodge, the Sheriff and the Clerk of the Superior Court; and for other purposes.

HB 441. By Messrs. Rutland, Mackay and Howard of DeKalb:
A Bill to be entitled an Act to amend an Act establishing a Minimum Foundation Program for Education so as to provide a method of determining the local financial ability of certain portions of Fulton and DeKalb Counties; and for other purposes.

HB 442. By Messrs. Lanier of Candler, Conner of Jeff Davis, Matthews of Colquitt and Newton of Colquitt:
A Bill to be entitled an Act to authorize the organization of Tobacco Boards of Trade and to provide their membership, powers, duties and authority; and for other purposes.

HB 443. By Mr. Stuckey of Dodge:

A Bill to be entitled an Act to amend an Act creating the office of

Commissioner of Roads and Revenues of Dodge County; and for other

purposes.

'

HB 444. By Messrs. Williams and Andrews of Hall:
A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Roads and Revenues of Hall County; and for other pur poses.

HB 445. By Mr. Stuckey 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 446. By Mr. White of Mclntosh:
A Bill to be entitled an Act to amend an Act relating to the incorpora tion of the City of Darien, so as to close certain streets; and for other purposes.

HB 447. By Mr. White of Mclntosh:
A Bill to be entitled an Act to amend an Act relating to the compensa tion of the Ordinary of Mclntosh County; and for other purposes.

HR 148-447. By Messrs. Odom and Busbee of Dougherty:
A Resolution naming a certain boat landing in the City of Albany the "Cleve Cox Landing", and for other purposes.

646

JOURNAL OF THE HOUSE,

HR 149-447. By Mr. Davis of Wayne:
A Resolution to compensate S. Curtis Harper; and for other purposes. (State Highway Department)

HR 150-447. By Mr. Williams of Hall:
A Resolution to compensate J. W. Loggins; and for other purposes. (Department of Public Safety)

HR 151-447. By Mr. Bynum of Rabun:
A Resolution to compensate Ralph R. Callenback; and for other pur poses.

HB 448. By Mr. Jones of Worth:
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 Warwick shall not be affected by the provisions of this Act; and for other purposes.

HB 449. By Mr. Jones of Worth:
A Bill to be entitled an Act to amend an Act providing a new charter for the Town of Warwick, so as to change the name of the City of Warwick; and for other purposes.

HB 450. By Messrs. Newton of Colquitt, Fordham and Lane of Bulloch, Strickland of Evans, Dorminy of Ben Hill, Potts of Coweta and Lanier of Candler:
A Bill to be entitled an Act to amend an Act providing for certified public weighers, so as to provide for the weighing of products of farms and forests of this State, where they are sold by weight, and for other purposes.
HB 451. By Messrs. Matthews and Cox of Clarke:
A Bill to be entitled an Act to fix the compensation of the Judge of the Juvenile Court of Clarke County; and for other purposes.
HB 452. By Mr. Milhollin of Coffee:
A Bill to be entitled an Act to amend an Act creating the office of Solicitor-General Emeritus and Solicitors-General Retirement Fund of Georgia, so as to change the date by which a Solicitor-General may come under the provisions of the Act; and for other purposes.
HB 453. By Messrs. Scoggin of Floyd and Floyd of Chattooga:
A Bill to be entitled an Act to amend an Act known as the Aid to the Blind Act, so as to increase eligibility income deductions; and for other purposes.
HR 162-453. By Mr. Summers of Crisp:
A Resolution proposing an amendment to the Constitution so as to

TUESDAY, FEBRUARY 21, 1961

647

authorize Crisp County to issue certain revenue anticipation obliga tions known as revenue bonds for the purposes therein stated; and for other purposes.

HB 454. By Messrs. Hall, Lowrey and Scoggin of Floyd:
A Bill to be entitled an Act to amend an Act to create a new charter and municipal government for the City of Rome; to define the rights and powers of the municipality; and for other purposes.

HB 455. By Messrs. Hall, Lowrey and Scoggin of Floyd:
A Bill to be entitled an Act to amend an Act to create a new charter and municipal government for the City of Rome; to define the rights and powers of the municipality; to define the corporate limits, and for other purposes.

HR 163-455. By Mr. McClelland of Fulton:
A Resolution to compensate Mrs. Barbara Sams Boylan, and for other purposes. (Dept. of Ed.)

HB 456. By Mr. Rowland of Johnson:
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 in the event any judge dies while holding said office, his legal widow may elect to receive an amount not to exceed two hundred dollars per month until her remarriage or death; and for other purposes.

HB 457. By Messrs. McClelland, Brooks and Smith of Fulton:
A Bill to be entitled an Act to amend an Act to create the City of Atlanta, so as to authorize the City of Atlanta and Fulton County to contract with said authority and in connection therewith to issue bonds for the purpose of meeting any obligation undertaken by said City or County jointly or in connection with said recreation authority, and for other purposes.

HB 458. By Messrs. McClelland, Brooks and Smith of Fulton, Rutland and Mackay of DeKalb:
A Bill to be entitled an Act to provide that when any member or for mer member of the General Assembly has been or shall be employed by any political subdivision or agency of the State of Georgia or elected to an office therein, where there is a pension plan applicable to such employment or office, he shall receive credit for time served as a member of the General Assembly, and for other purposes.

HB 459. By Mr. McClelland of Fulton:
A Bill to be entitled an Act to provide a penalty for insurers who negligently or in bad faith fail to pay claims against their insured when the claimant offers to settle within the terms and limits of the policy protecting their insured; and for other purposes.

648

JOURNAL OF THE HOUSE,

HB 460. By Mr. McClelland of Fulton:
A Bill to be entitled an Act to amend an Act to revise, classify, con solidate, and supersede the present laws relating to insurance and to establisihng new laws relating thereto; and for other purposes.

HR 164-460. By Mr. Branch of Tift:
A Resolution creating a Local Council to advise with the Department of State Parks regarding the use of the Museum located in the Jeffer son Davis State Park; and for other purposes.

HB 461. By Mr. Willingham of Cobb:
A Bill to be entitled an Act to amend an Act known as the Georgia Retailers' and Consumers' Sales and Use Tax Act, so as to change the time for which the tax imposed by this Act shall become delinquent; and for other purposes.

HB 462. By Mr. Willingham of Cobb:
A Bill to be entitled an Act to amend an Act entitled "Georgia Re tailers' and Consumers' Sales and Use Tax Act", so as to exempt Public Recreation Authorities from the provisions of this Act, and for other purposes.

HB 463. By Messrs. Crawford, Funk and Dickey of Chatham:
A Bill to be entitled an Act to repeal an Act relating to local govern ment improvement commissions in certain counties, and for other purposes.

HR 165-463. By Mr. Twitty of Mitchell:
A Resolution creating a committee to make a study of matters relating to Insurance; and for other purposes.

HR 166-463. By Mr. Willingham of Cobb:
A Resolution creating the Election Laws Study Committee; to repeal a Resolution providing for an Election Laws Study Committee, and for other purposes.
HB 464. By Messrs. Matthews and Newton of Colquitt:
A Bill to be entitled an Act to provide for a change in the compensa tion of the Sheriff of Colquitt County; and for other purposes.
HB 465. By Mr. Newton of Colquitt:
A Bill to be entitled an Act to amend an Act relating to the incorpora tion of the City of Moultrie, so as to provide for a change in the miliage rate on all taxable property in the City of Moultrie; and for other purposes.
HB 466. By Mr. Barber of Jackson:
A Bill to be entitled an Act to amend an Act relating to the purposes

TUESDAY, FEBRUARY 21, 1961

649

for which counties may levy taxes, so as to authorize counties to levy a tax for certain school lunch purposes, and for other purposes.

HB 467. By Mr. Barber of Jackson:
A Bill to be entitled an Act to amend an Act relating to the custody of children in connection with the granting of divorces, and for other purposes.

HB 468. By Mr. Henderson of Atkinson:
A Bill to be entitled an Act to amend an Act creating a County Court of Atkinson Couty, and for other purposes.

HB 469. By Messrs. Jones and Undercofler of Sumter:
A Bill to be entitled an Act proposing a new charter for the City of Americus, and for other purposes.

HB 470. By Mr. Wells of Peach:
A Bill to be entitled an Act to amend an Act incorporating the Office of Tax Receiver and Tax Collector of Peach County into the one office of Tax Commissioner of Peach County, and for other purposes.

HB 471. By Mr. Tamplin of Morgan:
A Bill to be entitled an Act to amend an Act providing a salary system for certain county officers of Morgan County, so as to change the amount authorized for assistants for the Clerk of the Superior Court of Morgan County, and for other purposes.

HB 472. By Mr. Miller of Elbert:
A Bill to be entitled an Act to amend an Act incorporating the City of Elberton so as to redefine and extend said corporate limits; and for other purposes.

HB 473. By Mr. Miller of Elbert:
A Bill to be entitled an Act to amend an Act incorporating the City of Elberton so as to redefine and extend said corporate limits, and for other purposes.

HB 474. By Mr. Hale of Bade:
A Bill to be entitled an Act to amend an Act providing a new charter for the City of Trenton, and for other purposes.

HB 475. By Mr. Barnett 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.

650

JOURNAL OF THE HOUSE,

HB 476. By Messrs. Blalock and Lee of Clayton:
A Bill to be entitled an Act to amend an Act creating the Clayton County Water Authority, and for other purposes.

HB 477. By Messrs. Lee and Blalock of Clayton:
A Bill to be entitled an Act to amend an Act placing the Ordinary of Clayton County on a salary basis in lieu of a fee basis, and for other purposes.

HB 478. By Mr. Andrews of Stephens:
A Bill to be entitled an Act to create and establish the Toccoa-Stephens County Airport Authority, and for other purposes.

HB 479. By Mr. Underwood of Taylor:
A Bill to be entitled an Act to repeal an Act incorporating the City of Carsonville in the County of Decatur, and for other purposes.

HB 480. By Mr. Keadle of Lamar:
A Bill to be entitled an Act to amend an Act to establish a new charter for the town of Milner, Lamar (formerly Pike) County, and for other purposes.

HB 481. By Messrs. Chandler and Kidd of Baldwin:
A Bill to be entitled an Act to amend an Act establishing an employee Retirement system for the State of Georgia, so as to provide that the minimum benefit payable under said Act to any employee with a minimum of ten (10) years service shall not be less than $50.00 per month, and for other purposes.

HB 482. By Messrs. Kidd and Chandler of Baldwin:
A Bill to be entitled an Act to amend an Act by providing grants of State and local funds for school children, and for other purposes.

HB 483. By Mr. Ballard of Newton:
A Bill to be entitled an Act to amend an Act providing for a Board of Directors and one Commissioner of Roads and Revenues for New ton County, and for other purposes.

HB 484. By Mr. Ballard of Newton:
A Bill to be entitled an Act to amend an Act relating to the incorpora tion of the Town of Oxford, and for other purposes.

HB 485. By Messrs. Phillips, Taylor and Thornton 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 incorporate certain areas as a part of the City of Macon; and for other purposes.

TUESDAY, FEBRUARY 21, 1961

651

HB 486. By Mr. McGarity of Henry:
A Bill to be entitled an Act to amend an Act providing for the com pensation of the County Treasurer in certain counties, and for other purposes.

HB 487. By Mr. McGarity of Henry:
A Bill to be entitled an Act to provide for the compensation for the Coroners in certain counties; and for other purposes.

HB 488. By Mr. Fowler of Treutlen:
A Bill to be entitled an Act to create a new charter for the City of Soperton, and for other purposes.

HB 489. By Messrs. Cox and Matthews of Clarke:
A Bill to be entitled an Act to repeal certain provisions in the Charter of the City of Athens; to provide for the Office of City Tax Assessors, and for other purposes.

HB 490. By Mr. Melton of Spalding:
A Bill to be entitled an Act to create the Georgia Industries for the Blind; and for other purposes.

HB 491. By Messrs. Killian of Glynn and Purcell of Franklin:
A Bill to be entitled an Act to amend an Act to provide for the crea tion, membership, and compensation of a State Literature Commission; and for other purposes.
HB 492. By Mr. Lewis of Burke:
A Bill to be entitled an Act to provide that any person who shall make or report any crime to any local or State law enforcement official, knowing the same is false or has not been committed, shall be punished as for a misdemeanor; and for other purposes.
HB 493. By Messrs. Echols of Upson, Hodges of Ware, Melton of Spalding, Rowland of Johnson and Roberts of Jones:
A Bill to be entitled an Act to change the name of the Georgia Train ing School for Mental Defectives at Gracewood to the Gracewood State School and Hospital; and for other purposes.
HB 494. By Messrs. Smith of Emanuel and Twitty of Mitchell:
A Bill to be entitled an Act to amend an Act providing for absentee voting by members of the Military, so as to provide that the State Executive Committee shall fix the date for holding primaries; and for other purposes.

HB 495. By Messrs. Smith of Emanuel and Twitty of Mitchell:
A Bill to be entitled an Act to prohibit strikes by public employees; to define "strikes" and "public employee"; to prohibit any person inciting

652

JOURNAL OF THE HOUSE,

or influencing a public employee to strike; to prescribe consequences and penalty for such violation; to prohibit recognition of labor organi zations by public officials; and for other purposes.

HB 496. By Mr. Duncan of Carroll:
A Bill to be entitled an Act to amend Code Section 92-3109, relating to deductions from gross income for income tax purposes, so as to provide for the deduction of Federal income taxes; and for other purposes.

HB 497. By Messrs. Fordham and Lane of Bulloch, and Hodges of Ware:
A Bill to be entitled an Act to amend an Act known as the "Minimum Foundation Program for Education Act", so as to provide that pupils who live within a certain distance of the school, which they are eligible to attend, shall not be eligible to be counted as transported pupils for State aid; and for other purposes.

HB 498. By Mr. Simpson of Wheeler:
A Bill to be entitled an Act to provide for the yearly compensation for the Ordinary of Wheeler County, in addition to fees which he now receives; and for other purposes.

HB 499. By Mr. Simpson of Wheeler:
A Bill to be entitled an Act to amend an Act relating to the creation of the Office of Tax Commissioner, Tax Receiver and County Treasurer of Wheeler County, so as to change monthly compensation; and for other purposes.

HB 500. By Messrs. Odom and Busbee of Dougherty:
A Bill to be entitled an Act to consolidate the office of Tax Receiver and the office of Tax Collector of Dougherty County into the one office of Tax Commissioner; to provide the term of office; and for other purposes.

HB 501. By Mr. Conner of Jeff Davis:
A Bill to be entitled an Act to provide that an automobile operated by a rural mail carrier for the purposes of delivering mail along the roads and highways of Georgia shall be authorized to display an amber colored light; and for other purposes.

HB 502. By Messrs. Phillips, Thornton and Taylor of Bibb:
A Bill to be entitled an Act to amend the Charter of the City of Macon; to provide for procedures connected therewith; and for other purposes.

HB 503. By Mr. Ballard of Newton:
A Bill to be entitled an Act incorporating a new charter for the City of Covington; and for other purposes.

TUESDAY, FEBRUARY 21, 1961

653

HB 504. By Mr. Duncan of Carroll:
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 increase the rate of the sales and use tax; to provide for an increased allow ance to dealers, as compensation for accounting for and remitting the tax, provided the same is not delinquent; and for other purposes.

HB 505. By Mr. Lovett of Laurens:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Dublin, so as to extend the corporate limits of said city; and for other purposes.

HB 506. By Mr. Lovett of Laurens:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Dublin, so as to provide for the appointment of certain city officers; and for other purposes.

HB 507. By Mr. Tabb of Miller:
A Bill to be entitled an Act creating a Board of Commissioners of Roads and Revenues for Miller County, so as to change the compensa tion of the members of the Board other than the Chairman; and for other purposes.

HB 508. By Messrs. McClelland, Brooks and Smith of Fulton:
A Bill to be entitled an Act to fix retirement benefits for the Mayor or other Chief Executive Officer of any city having a population of more than 450,000 according to the last or any future U. S. Census; and for other purposes.

HB 509. By Messrs. Brooks, Smith and McClelland 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 510. By Messrs. Brooks, Smith and McClelland of Fulton:
A Bill to be entitled an Act authorizing County Commissioners or other governing authorities of counties having a population of more than 500,000 to create by appropriate Resolution in the government of such counties Emeritus Offices for retired heads of departments of said county government; and for other purposes.

HB 511. By Mr. Singer of Stewart:
A Bill to be entitled an Act to amend an Act entitled "An Act to fix the compensation of the tax commissioner in certain counties; to com bine the offices of disbursing clerk and clerk of the commissioner of roads and revenue in certain counties; to fix the salary of such office; and for other purposes.

654

JOURNAL OF THE HOUSE,

HR 167-511. By Messrs. Cox and Matthews of Clarke:
A Resolution authorizing the conveyance of property to Clarke County; and for other purposes.
HR 168-511. By Mr. Brown of Hart:
A Resolution designating a portion of U. S. Highway No. 29 as "McMullan Boulevard"; and for other purposes.

HR 169-511. By Mr. Brown of Hart:
A Resolution authorizing and directing the State Librarian to furnish certain law books for the Judge of the Northern Judicial Circuit; and for other purposes.
HR 170-511. By Mr. Brown of Hart:
A Resolution authorizing and directing the State Librarian to furnish certain law books for the Clerk of the Superior Court of Hart County; and for other purposes.
HR 171-511. By Messrs. Kidd and Chandler of Baldwin:
A Resolution creating- a Committee to make certain studies relating to the establishment of industries in the State of Georgia; and for other purposes.
HR 172-511. By Mr. Barnett of Baker:
A Resolution proposing an amendment to the Constitution so as to provide that the members of the Board of Education of Baker County shall be elected from districts but by the voters of the entire county; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

HR 145. By Mr. Twitty of Mitchell and Smith of Emanuel:
A Resolution providing for a commission to study the advisability of reapportioning representation in the General Assembly of Georgia among the counties of this State, and for other purposes.
SB 50. By Senators Dykes of the 14th, Hart of the 53rd and others:
A Bill to be entitled an Act to provide for an increase in the salaries of teachers; to repeal conflicting laws; and for other purposes.
SB 77. By Senator Sanders of the 18th:
A Bill to be entitled an Act to amend an Act known as the "Juvenile Court Act", approved February 19, 1951, as amended, so as to provide that the Judge of the Superior Court shall sit as the Juvenile Court Judge in counties having a certain population; to provide for the transferral of cases; to repeal conflicting laws; and for other purposes.

SB 80. By Senator Sanders of the 18th:
A Bill to be entitled an Act to repeal an Act relating to presidential electors; and for other purposes.

TUESDAY, FEBRUARY 21, 1961

655

SB 81. By Senator Sanders of the 18th:
A Bill to be entitled an Act to amend an Act providing for absentee voting by members of the Military, approved February 26, 1953, as amended, so as to remove the provisions relating to the time for quali fying; to repeal conflicting laws; and for other purposes.

SB 82. By Senator Sanders of the 18th:
A Bill to be entitled an Act to amend Code Section 34-1904, relating to ballots in elections other than primary elections, as amended by an Act approved October 2, 1948; and for other purposes.

SB 90. By Senator Knox of the 54th:
A Bill to be entitled an Act to amend an Act relating to the powers of county police, so as to limit certain powers to the county of appoint ment or election; and for other purposes.

SB 104. By Senators Towson of the 16th and Gardner of the 47th:
A Bill to be entitled an Act to amend an Act regulating advertising so as to provide that no person, firm, corporation or association shall advertise in any manner which is untrue, deceptive or fraudulent; and for other purposes.

Mr. Lanier of Candler County, Chairman of the Committee on Agriculture, submitted the following report:
Mr. Speaker:
Your Committee on Agriculture has had under consideration the following Bills and Resolution of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 450. Do Pass.
HB 433. (Engrossed) Do Pass.
HR 99. Do Pass.
Respectfully submitted,
Lanier of Candler, Chairman.

Mr. Fuqua of Richmond County, Chairman of the Committee on Banks and Banking, submitted the following report:

Mr. Speaker:

Your Committee on Banks and Banking has had under consideration the following Bills and Resolutions of the House and Senate and has instructed me as rh^'rman, to report the same back to the House with the following recom mendations :

SB 13.

Do Pass.

HB 283.

Do Pass.

656

JOURNAL OF THE HOUSE,

HR 113-333. Do Not Pass. HR 114-333. Do Not Pass.

Respectfully submitted,
Puqua of Richmond, Chairman.

Mr. Rutland of DeKalb County, Chairman of the Committee on Insurance, submitted the following report:
Mr. Speaker:
Your Committee on Insurance has had under consideration the following Bill of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 336. Do Pass.
Respectfully submitted,
Rutland of DeKalb, Chairman.

Mr. Busbee of Dougherty 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 187. Do Pass, by Committee Substitute.
HB 359. Do Pass.
HB 154. Do Pass.
Respectfully submitted,
Busbee of Dougherty, Chairman.

Mr. Underwood of Montgomery 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 of the House and Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 414. Do Pass, as Amended.
HB 409. Do Pass, as Amended.
HB 411. Do Pass, as Amended.
HB 394. Do Pass.
HB 396. Do Pass.

TUESDAY, FEBRUARY 21, 1961

657

HB 397. Do Pass. HB 398. Do Pass. HB 403. Do Pass. HB 404. Do Pass. HB 405. Do Pass. HB 406. Do Pass. HB 407. Do Pass. HB 408. Do Pass. HB 410. Do Pass. HB 412. Do Pass. HB 413. Do Pass. SB 79. Do Pass.

Respectfully submitted,
Underwood of Montgomery, Chairman.

Mr. Cox of Clarke 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 Bills and Resolutions of the House and Senate and has in structed me as Chairman, to report the same back to the House with the fol lowing recommendations:

SB 39.

Do Pass.

HR 107-283. Do Pass.

HR 142-408. Do Pass.

SR 18.

Do Pass.

HR 103.

Do Pass.

HB 153.

Do Pass.

Respectfully submitted,

Cox of Clarke, Chairman.

Mr. McCracken of Jefferson County, Chairman of the Committee on State of Republic, submitted the following report:
Mr. Speaker:
Your Committee on State of Republic has had under consideration the fol lowing Bills and Resolutions of the House and Senate and has instructed me

658

JOURNAL OF THE HOUSE,

as Chairman, to report the same back to the House with the following recom mendations :
HB 452. Do Pass. HB 271. Do Pass. HB 348. Do Pass, as Amended. HB 257. Do Pass. HB 291. Do Pass. HR 145. Do Pass. SR 25. Do Pass. HB 387. Do Pass.
Respectfully submitted, McCracken of Jefferson, Chairman.

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

HB 163. By Messrs. Blalock of Clayton and Rutland of DeKalb:
A Bill to amend the Current Income Tax Payment Act of 1960, relating to employee refunds and credits; and for other purposes.

HB 164. By Mr. Blalock of Clayton:
A Bill to provide for service by mail of notices of assessment of any tax or license fee; and for other purposes.
HB 173. By Mr. Lewis of Burke:
A Bill to amend an Act relating to the distribution of the Acts of the General Assembly, so as to provide for the distribution by the State Librarian of said Acts to municipal attorneys and other officials of incorporated cities and towns of Georgia; and for other purposes.
HB 175. By Mr. Willingham of Cobb:
A Bill to provide for grants to counties, municipalities, or any combi nation of the same to assist in construction of those projects as qualify for Federal aid and assistance under the Federal Water Pollution Con trol Act; to provide that the State Board of Health shall administer this Act; and for other purposes.
HB 232. By Messrs. Blalock of Clayton and Rutland of DeKalb:
A Bill relating to the imposition, assessment and collection of estate taxes, and relating to non-resident decedents; and for other purposes.

TUESDAY, FEBRUARY 21, 1961

659

HB 34. By Messrs. Brown of Randolph, Jordan of Calhoun and others:
A Bill to authorize and provide a contingent expense and travel allow ance, payable from the treasury of the State of Georgia, for all duly appointed reporters of the Superior Courts of the Judicial Circuits of the State of Georgia; and for other purposes.

HB 209. By Mr. McCutchen of Gilmer:
A Bill to provide for a change in the rate of Taxation upon real and personal property within the limits of East Ellijay; and for other purposes.

HB 214. By Messrs. Pickard, Wickham and Dicus of Muscogee:
A Bill to provide that the terms of office of members of county boards of tax assessors in counties having a population of not less than 150,000 and not more than 175,000 shall be three years and until their suc cessors are duly appointed and qualified; and for other purposes.

HB 215. By Messrs. Pickard, Wickham and Dicus of Muscogee:
A Bill to provide for certain fees which clerks of the superior courts may charge in counties having a population of not less than 150,000 and not more than 175,000; and for other purposes.

HB 216. By Mr. Sinclair of Macon:
A Bill to amend an Act creating the office of Commissioners of Roads and Revenues of Macon County; and for other purposes.

HB 222. By Messrs. Bozeman and Keyton of Thomas:
A Bill to amend an Act creating a new charter for the City of Pavo; and for other purposes.
HB 223. By Messrs. Bozeman and Keyton of Thomas:
A Bill to amend an Act establishing a system of public schools in the City of Thomasville, so as to increase the maximum tax rate which may be levied for the maintenance and operation of said public schools; and for other purposes.

HB 224. By Messrs. Bozeman and Keyton of Thomas:
A Bill to amend an Act to establish the City Court of Thomasville; and for other purposes.

HB 225. By Messrs. Bozeman and Keyton of Thomas:
A Bill to amend an Act creating a Small Claims Court in counties hav ing a population of not less than 33,500 and not more than 33,990; and for other purposes.
HB 226. By Messrs. Murphy of Haralson and Rogers of Paulding:
A Bill to provide for change in the time of holding Superior Courts in Tallapoosa Judicial Circuit; and for other purposes.

660

JOURNAL OF THE HOUSE,

HR 137. By Messrs. Steis of Harris, Harrell of Fayette; and many others:
A Resolution memorializing Congress to extend education benefits to certain veterans; and for other purposes.

HR 159. By Mr. Smith of Emanuel:
A Resolution expressing appreciation to Hon. John J. Flynt, Jr.; and for other purposes.

HR 160. By Mr. Smith of Emanuel:
A Resolution expressing appreciation to the Georgia Municipal Associa tion; and for other purposes.

HR 161. By Mr. Smith of Emanuel:
A Resolution expressing appreciation to Mayor William B. Hartsfield; and for other purposes.

HB 55. By Mr. Ross of Lincoln:
A Bill to provide that any real estate held by the State of Georgia in fee simple or under a quit claim deed with a reversionary interest in the federal government or under long term federal license agreement with a reversionary interest in the federal government may be im proved with funds appropriated for a State Department; and for other purposes.

HB 56. By Messrs. Bolton of Spalding, Hale of Dade and others:
A Bill to amend an Act so as to provide that all municipalities shall be authorized to expend funds to map, plat, and appraise all taxable properties in the municipality and to make re-evaluations of taxable property; and for other purposes.
HB 58. By Messrs. Bolton of Spalding, Hale of Dade and others:
A Bill to amend an Act relating to the ineligibility of Tax Assessors to hold over public offices; and for other purposes.
HB 162. By Messrs. Blalock of Clayton and Rutland of DeKalb:
A Bill to amend an Act relating to remittances to the State Revenue Commissioner, relating to property taxes, and for other purposes.
HB 236. By Messrs. Crawford, Dickey and Funk of Chatham:
A Bill to amend an Act incorporating, and creating a Charter for the City of Port Wentworth; to change and/or fix the time for adoption of license ordinances relating to businesses, occupations, professions, trades or vocations carried on or engaged in within said city; and for other purposes.
HB 248. By Mr. Parker of Appling:
A Bill to amend an Act to create and establish a new charter for the City of Baxley; and for other purposes.

TUESDAY, FEBRUARY 21, 1961

661

HB 252. By Messrs. Walker and Budd of Lowndes:
A Bill to provide for the employment of clerical assistance for the Court of Ordinary of Lowndes County; and for other purposes.

HB 182. By Messrs. Duncan and Waldrop of Carroll:
A bill to amend an Act relating to the establishment of the City Court of Carrollton; and for other purposes.

HB 185. By Mr. Scarborough of Crawford:
A Bill to prescribe and limit the compensation of the Treasurer of Crawford County for receiving and disbursing the county money, and to fix the salary for his services; and for other purposes.

HB 192. By Mr. Arnsdorff of Effingham:
A Bill to amend an Act creating a new charter of the Town of Guyton, so as to change the name of said Town to the City of Guyton; and for other purposes.

HB 193. By Mr. Arnsdorff of Effingham:
A Bill to provide for the registration of voters eligible to vote in the Town of Rincon election; and for other purposes.

HB 194. By Mr. Arnsdorff of Effingham:
A Bill to amend an Act to create a Board of Commissioners of Roads and Revenues for the County of Effingham; and for other purposes.

HB 208. By Mr. McDonald of White:
A Bill to amend an Act providing for the compensation of the Tax Commissioner in counties having a population of not less than 6,910 and not more than 6,950; and for other purposes.

HB 139. By Messrs. Smith of Emanuel, Twitty of Mitchell and others:
A Bill to amend an Act creating the Joint Committee on the Operations of the General Assembly and the Office of Legislative Counsel, so as to change the name of the Joint Committee on the Operations of the Gen eral Assembly to Legislative Services Committee; to transfer powers, duties and authority; 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 244. By Mr. Dunn of Pike:
A Bill to create a new charter for the City of Zebulon; and for other purposes.

662

JOURNAL OF THE HOUSE,

HB 245. By Messrs. Crawford, Dickey and Funk of Chatham:
A Bill to amend an Act incorporating the Mayor and Aldermen of the City of Savannah; to extend the corporate limits; and for other purposes.

HB 171. By Messrs. Willingham, Wilson and Teague of Cobb and others:
A Bill to amend an Act effecting a complete revision of the laws of this State relating to the qualifications and registration of voters so as to provide that the provisions relating to cancellation of registration for not having voted within a two year period shall be changed so as to apply to those persons who have not voted within a four year period; 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 102. By Senator Owens of the 32nd:
A Bill to amend an Act consolidating the office of Tax Receiver and the office of Tax Collector of Lumpkin County into one office of Tax Com missioner of said County, approved August 24, 1931 (Ga. Laws 1931, p. 523), as amended; to repeal conflicting laws; and for other purposes.

SB 103. By Senator Owens of the 32nd:
A Bill to amend an Act creating the office of the Commissioner of Roads and Revenues for Lumpkin County, approved March 7, 1955 (Ga. Laws 1955, p. 2892), so as to authorize an expense allowance for the commis sioner; and for other purposes.

SB 105. By Senator Ponsell of the 5th:
A Bill to create a Board of Commissioners of Roads and Revenues in the County of Ware; and for other purposes.

The Senate agrees to the House amendment to the following Resolution of the Senate:

SR 16. By Senator Jackson of the 24th:
A Resolution relating to excused absences from the public schools for those children acting as pages for the General Assembly during the school year; and for other purposes.

SB 84. By Senator Sanders of the 18th:
A Bill to amend Code Section 24-406, relating to the election to fill a vacancy for justice of peace, so as to provide that the ordinary shall call election; provide for holding election; prescribe procedure connected therewith; to repeal Code Section 24-407; to repeal conflicting laws; and for other purposes.

TUESDAY, FEBRUARY 21, 1961

663

SB 85. By Senator Sanders of the 18th:
A Bill to repeal an Act relating to the method of providing for the pub lication of proposed amendments to the Constitution; and for other pur poses.

SB 88. By Senator Brown of the 52nd:
A Bill to amend an Act establishing a new charter for the City of East Point in Fulton County, Georgia; approved August 19, 1912 (Ga. Laws 1912, p. 862, et seq.), and the several Acts amendatory thereof; and for other purposes.

SB 91. By Senator Ponsell of the 5th:
A Bill to consolidate and abolish the offices of the Tax Collector and Tax Receiver of Ware County; to create the office of the Tax Commis sioner of Ware County; to provide the procedure connected therewith; and for other purposes.

SB 96. By Senator Mitchell of the 43rd:
A Bill to supplement the salary of the Judge of the Superior Court for the Cherokee Judicial Circuit by providing Whitfield County's contri bution; to repeal conflicting laws; and for other purposes.

SB 97. By Senator Ponsell of the 5th:
A Bill to abolish the fee system in the office of the Sheriff of the City Court of Waycross, Clerk of Superior Court, Sheriff and Ordinary of Ware County, and place said officers on a salary system; to provide the procedure connected therewith; and for other purposes.

SB 98. By Senator Ponsell of the 5th:
A Bill to abolish the fee system in the offices of the Tax Collector and Tax Receiver of Ware County and to place them on a salary; to provide the procedure connected therewith; and for other purposes.

SB 101. By Senator McWhorter of the 34th:
A Bill to amend an Act approved August 17, 1909, to create and estab lish a new charter and municipal government for City of Decatur, DeKalb County, the several Acts amendatory thereof, so as to provide for street, sidewalk or curb improvements where such street, sidewalk or curb abuts property on both front and side; and for other purposes.

SR 39. By Senators Sanders of the 18th and Knox of the 54th:
A Resolution requesting Congress to propose an amendment to the United States Constitution; and for other purposes.

SR 41. By Senator Sanders of the 18th:
A Resolution of regret at the passing of Honorable Prince H. Preston; and for other purposes.

664

JOURNAL OF THE HOUSE,

By unanimous consent, the following Bills of the House were taken up for the purpose of considering the Senate amendments thereto:

HB 244. By Mr. Dunn of Pike:
A Bill creating a new charter for the City of Zebulon; and for other purposes.

The following Senate amendment was read:
House Bill 244
1. Amend section 29.1 by deleting the last sentence of the first para graph thereof and substituting in lieu the following:
"The Mayor and Council shall determine the duration, provi sions, terms, whether the same shall be exclusive or non-exclusive, and the consideration for such franchises: Provided, however, that no franchise shall be granted for a period in excess of fifty (50) years."
2. Amend Section 39.1 by deleting the words "electrical power sys tem," so that when amended Section 39.1 will read as follows:
Section 39.1--The Mayor and Council is hereby granted the power and authority to acquire, own, hold, maintain and operate a waterworks system, and gas systems. To establish rates and charge fees for services rendered by any of said systems. To finance any of said systems through appropriate bond issues in accordance with law. To exercise the power of eminent domain in regard to any of said systems, both within and without the corporate limits. To con tract to furnish service through any of said systems to consumers outside the corporate limits.

Mr. Dunn of Pike moved that the House agree to the Senate amendment.

On the motion to agree, the ayes were 104, nays 0.
The Senate amendment to HB 244 was agreed to.
HB 171. By Messrs. Willingham, Wilson and Teague of Cobb, and others: A Bill effecting a complete revision of the laws of this State relating to the qualifications and registration of voters; and for other purposes.
The following Senate amendment was read: The Rules Committee of the Senate moves to amend HB 171 as
follows: By striking the word "four" wherever it appears in the title
and body of said Bill and substituting in lieu thereof the word "three".

Mr. Willingham of Cobb moved that the House agree to the Senate amend ment.
On the motion to agree, the ayes were 104, nays 0.

TUESDAY, FEBRUARY 21, 1961

665

The Senate amendment to HB 171 was agreed to.

Under the general 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 90. By Messrs. Ray of Warren, Smith of Emanuel, Twitty of Mitchell, Scoggin of Floyd, McCracken of Jefferson and Underwood of Montgomery:
A BILL
To be entitled an Act to make appropriations for the operation of the State Government, for the support of its eleemosynary institutions, for aid to the University System and to the common schools of the State, for aid to the counties for Roads and for all other governmental activities authorized by law for the fiscal year beginning July 1, 1961 and ending June 30, 1962 and for each and every fiscal year thereafter until re pealed or modified by law; to provide for the control and administration of the funds; and to repeal conflicting laws.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA, and it is hereby enacted by authority of same, that the sums of money hereinafter set out are appropriated for the fiscal year beginning July 1, 1961 and ending June 30, 1962 and for each and every fiscal year thereafter until repealed or modified by law.
SECTION 1.
LEGISLATIVE DEPARTMENT .____-.- $ 1,248,000.00
For compensation as fixed by previous laws for mile age at the rate of 10^ per mile for four (4) round trips, for each regular session and number of round trips for any and all extra-ordinary sessions of the General As sembly as set by each such extra-ordinary session; Secre tary and Assistant Secretary of the Senate and Clerk and Assistant Clerk of the House of Representatives shall receive the same mileage allowances as Members of the Senate and House of Representatives, of the President and Members of the Senate and of the Speaker and Mem bers of the House of Representatives; for the compensa tion of the Secretary of the Senate, of the Clerk of the House of Representatives, as fixed by law, of the messen gers and doorkeepers and other attaches of the Senate and House of Representatives, for the actual travel ex pense of members of legislative committees; for cost of operating the office of Lieutenant Governor authorized by law; for membership in council of State governments and Marine Fisheries Compact; for supplies, repairs, printing and other incidental expenses and equipment for the General Assembly, including rental or purchase of voting machine for House of Representatives and the necessary cost of renovating and repairing the housing facilities for the Senate and House of Representatives; for cost of compiling, publishing and distributing the Acts and Journals of the General Assembly; the codes of Georgia and the annual report of State Auditor to Gen-

666

JOURNAL OP THE HOUSE,

eral Assembly; for election blanks and any other election expense, including publishing constitutional amendments; and for cost of Legislative Counsel as authorized by law.
Provided, further, that the Members of the General Assembly shall be paid the ten dollars per diem and the five dollar allowance heretofore authorized by law and as further authorized by law as cited herein shall be paid an additional maintenance expense allowance of twentyfive dollars for each day in attendance at a session of the General Assembly and said maintenance expense allow ance, which is authorized by general provisions of the State Constitution, shall be in lieu of any payment of accounts for telephone, telegraph, postage and other inci dental items of a like nature which have not been fur nished and paid for by the State and which may be per sonally incurred by the individual Member in the per formance of official duties during a session of the Gen eral Assembly and this allowance to the Members of the General Assembly is hereby construed to be authorized by the State Constitution as per diem and maintenance allowance to cover the cost of ordinary expenses of the State government as provided for by Art. Ill, Sec. VII, Par. IX of the Constitution of Georgia. Provided, fur ther, the per diem allowance provided for in the forego ing shall also be payable to any official of the State or attache for each day during his term of service who is authorized by Act or Resolution of one or both branches of the General Assembly to receive an allowance based on the total per diem maintenance allowance provided for Members of the General Assembly while in session. Pro vided, however, that a Member of the General Assembly serving as a member of a regular or special committee shall be limited to and shall be paid for each day of serv ice on said committee when the General Assembly is not in session, ten dollars per diem and ten dollars mainte nance allowance together with actual travel expenses while performing such committee duties.
(A) For exclusive use for repairs, refurbishing, painting and equipping committee rooms, the Senate and House chambers and offices attached thereto or other wise required for the use of the Legislative Branch in the State Capitol Building_..._-_........-----___.._____--_..__.____.___ $

150,000.00

JUDICIARY. SECTION 2.
For the cost of operating the Supreme Court . .... $ SECTION 3.
For the cost of operating the Court of Appeals.......... $
SECTION 4. For the cost of operating the Superior Courts includ ing such contingent expense allowances authorized by

375,000.00 415,000.00

TUESDAY, FEBRUARY 21, 1961

667

law, the payment of six cents per mile for transportation authorized by law and such other expense items charge able to this appropriation as may be authoribed by law-- $
SECTION 5.
For the cost of printing and distributing the reports of the Supreme Court and Court of Appeals.___.........__._._...__ i
SECTION 6.
For the cost of operating the Judicial Council..-....--- i

875,000.00 50,000.00 5,000.00

EDUCATION.

SECTION 7.

For matching vocational rehabilitation funds in co

operation with the Federal Government; for operations

of vocational trade schools; for operations of public and

rural library programs; for operations of School for Deaf

and Academy for the Blind; for grants for aid to the

public common schools under provisions of law; for free

textbooks for the children attending public common

schools; for the salaries of county school superintendent;

for the operating costs of the Department; for educa

tional grants including the grants to teachers for schol

arships as provided by law; and for any and other ex

penses authorized by law payable from the common

school fund __

.. $176,194,000.00

Provided, that effective July 1, 1962 this appropria tion shall be increased to the amount of $180,500,000.00 and said amount shall be the appropriation for the year July 1, 1962 through June 30, 1963 until modified or re pealed as authorized by law.

Provided, that the State Board of Education shall within the first thirty days of each fiscal period make an apportionment of this appropriation, together with other funds available to the various activities of the De partment of Education and immediately report the same to the State Budget Authorities for approval, whose ap proval shall be evidenced in writing. Provided, however, that the State Board of Education shall in each fiscal period make an allotment of not less than twenty million dollars to pay the annual capital outlay commitments re quired under lease contracts with the State School Build ing Authority, this amount of appropriation for capital outlay purposes shall be in compliance with the provi sions of State Constitution ratified 1960 General Elec tion, pertaining to Authority lease contract obligations.

Provided, further, that the expenditure of any of the appropriation made in this section shall be subject to all provisions of the Constitution of Georgia regulating the creation of indebtedness and by all budget regulations of general application which are or may be in force and effect.

668

JOURNAL OF THE HOUSE,

(a) No part of this appropriation shall be available until made available from time to time by written order of the State Budget Authorities.
(b) The State Board of Education within the first thirty days of each fiscal period, shall make an appor tionment of the funds available to the Department of Education from this appropriation and all other sources, and upon written approval of said apportionment or any item thereof by the State Budget Authorities, the funds covered by apportionment or item approved shall become available. Said Board shall have no power to include within such apportionment any funds for the benefit of public schools within any school district in which the public schools are operated in any manner other than that provided in subsection (a) above; nor shall the State Budget Authorities have any power to approve or make available any funds for such schools. If after the making and approval of any apportionment for the bene fit of public schools within any school district such pub lic schools shall thereafter be operated in any manner other than that provided in subsection (a) above, no fur ther funds shall be paid from such apportionment.
(c) After approval by the State Budget Authorities of an apportionment of the State Board of Education or any item thereof, any and all obligations and commit ments in excess of the funds approved or violative of any of the provisions of this Section 7 shall be null and void, and the appropriations made in this Section 7 are sub ject to all provisions of the Constitution of this State and all budget requirements not inconsistent herewith now or hereafter of general application.
SECTION 8.
(a) For the cost of operating the State Board of Regents; for aid to the University System; for annual payment of $8,000.00 to the University of Georgia for old bank stock items; for experimental purposes; and for the cost of use and/or acquiring additions to plant and equipment for the University System--------___,,__---------- $ 28,675,000.00
Provided, that effective July 1, 1962 this appropria tion shall be increased to the amount of $30,675,000.00 and said amount shall be the appropriation for the year July 1, 1962 - June 30, 1963 until modified or repealed as provided by law.
Provided, that the above appropriations shall be in addition to the funds realized by the respective units in each fiscal year from Federal government, donations, gifts, earning from fees, rents, sales, and any and all other sources of income.
Provided, that the State Board of Regents shall within the first thirty days of each fiscal period first make an apportionment of funds to the various units of the University System from all funds available in the

TUESDAY, FEBRUARY 21, 1961

669

amounts necessary in each fiscal year to pay the annual lease contract commitments for the acquisition of prop erty, as provided for in the provision of the State Consti tution, ratified 1960 General Election and shall second, apportion the remaining funds available to the various units to cover cost incident to the operation and develop ment of the University System. The State Board of Re gents shall immediately report the same to the State Budget Authorities for approval, whose approval shall be evidenced in writing.
Provided, further, that no provision in this Act or other laws shall be construed as authorizing the reduc tion of or the voiding of any part of the appropriations made in this section which is required to be allotted each fiscal year to meet the annual payments required under the fixed lease contracts with the University System Building Authority for the acquisition of property.
Provided, further, that all expenditures of obliga tions authorized by the State Board of Regents or any agency thereof, regardless of the source of funds there for, shall be governed by the provisions of the Constitu tion of the State of Georgia regulating the creation of indebtedness and by the laws and budget regulations of general application which are authorized by the General Assembly.
(a) No part of this appropriation nor any funds realized by the State Board of Regents or the University System or any school or college from the Federal Gov ernment or from donations, gifts, earnings, fees, rents, sales or from any other source of income, shall be avail able for use or expenditure until made available from time to time by written order of the State Budget Au thorities.
(b) No funds appropriated by this Section 8 or de rived from the sources of revenue referred to in subsec tion (a) hereof, shall be used or expended for any school or college except as herein otherwise provided and in conformity to the following: The State Board of Regents, within the first thirty days of each fiscal period, shall make an apportionment of funds to the various schools and colleges in the University System or operated by the State Board of Regents or otherwise within the provisions of this Section 8, first including in such apportionment the amounts necessary in each fiscal year to pay the lease contract commitments for the acquisition of prop erty, and upon written approval of such apportionment or any item thereof by the State Budget Authorities, the apportionment or item so approved by the State Budget Authorities shall be available for use and expenditure.
(c) For cost of operating the Eugene Talmadge Memorial Hospital under control of the Board of Regents $ 3,000,000.00

670

JOURNAL OF THE HOUSE,

(d) For cost of operating the State Medical Educa tion Board including the payment of medical scholar ships as authorized by provisions of the Georgia State Constitution ______._,,__.__.,,_______________.____. _______ $

150,000.00

SECTION 9.

For the State's contribution to the teacher retire ment fund, including cost of administration------ _______$ 10,500,000.00

Provided, that effective July 1, 1962 this appropria tion shall be increased to the amount of $11,000,000.00
and said amount shall be the appropriation for the year July 1, 1962-June 30, 1963 until modified or repealed as authorized by law.

HIGHWAYS.
SECTION 10.
Appropriation for all highway purposes in this Sec tion 10 is to be in conformity with provisions of State Constitution as amended by 1960 amendment thereto requiring the appropriation for highway purposes to be an amount not less than the amount of Motor Fuel Tax, less cost of collection and refunds received in the imme diate preceding fiscal year. The fiscal officers of the State are hereby directed to, as of July 1st of each fiscal year, determine the net collections of Motor Fuel Tax re ceived by the State Treasury in the preceding year and to enter said amount so determined on the records of the State, as being the appropriation payable in lieu of the amount appropriated herein in the event the amount ap propriated herein is less than the net collections from Motor Fuel Tax in the preceding fiscal year and any adjustment so required shall be made in the amount appropriated under subsection (c) of this section.
(a) For the cost of maintenance, improving and re constructing roads and bridges on the State Highway system and the cost incident thereto including equip ment and for no other purposes________ ___________________._______,,__$ 20,000,000.00
(b) For State-matching participation in cost of con struction, re-construction, improvement in highways and highway planning in cooperation with Federal govern ment, including all cost items incident thereto and for no other purpose, provided, that not less than 50% of the State and Federal funds available in each fiscal year for work on the primary and secondary system of roads in Georgia shall be expended for widening and re-surfac ing, re-construction and re-locating existing bridges and paved roads on the Federal-State Primary and Second ary Highway System__.________._______________ __________________ ______ $ 26,270,731.62
(c) For cost of operating the Highway Department, for road and bridge construction, (provided all expendi tures for county contracts shall be in accordance with

TUESDAY, FEBRUARY 21, 1961

671

and on the basis of average prices as authorized by law) the additional cost of matching Federal Aid funds which amount shall be apportioned and/or reserved from this appropriation item at the beginning of each fiscal year if sufficient funds are appropriated in subsection (b) of this section; the cost of additional maintenance; for convict camp contract operations; compensation claims, surveys and for payment of annual amounts re quired under lease contracts executed with the Authori ties in conformity with provisions of the State Constitu tion and laws enacted pursuant thereto_______________.____ ___________ $ 29,444,579.38
Provided, further, that any and all obligations and commitments made by the officials of the State Highway Department, after the enactment of this law, which have not been authorized by the provisions of this Act and a specific budget allotment for which funds are available shall be null and void, and all expenditures shall be gov erned by law and budget regulations of general applica tion which are or may be in force and effect.
(d) For grants to counties for aid in county road construction and maintenance as provided by law author izing the State Treasury to make such grants for high way purposes ________ ................................................................I 4,817,013.03
(e) For grants to counties for aid in county road construction ..__._.__....._.__.___.......__.___._._.__......._._....__........_....____....__ $ 4,500,000.00
Provided, that this sum shall be distributed and dis bursed by the State Treasurer for highway purposes based on information as to the total public road mileage furnished by State Highway Department; provided, however, that the sum appropriated in subsection (c) shall be distributed and disbursed to the various coun ties of the State in the same proportional basis to each county as the proportion of each county's total public road mileage is to the total public road mileage in the State.
(f) Notwithstanding any itemization of purposes for which funds are appropriated to the Highway De partment by this Section or other provision of this Act, the sums necessary to pay rentals accruing under lease contracts executed between the State Bridge Building Authority as lessor and the State Highway Department as lessee, pursuant to the Act of 1953 known as the "State Bridge Building Authority Act" (Ga. L. 1953, p. 626) and the sums necessary to pay the rentals accruing under the existing lease contract between the State Of fice Building Authority as lessor and the State Highway Department as lessee, executed pursuant to the Act known as the "State Office Building Authority Act" (Ga. L. 1951, p. 699), and the sums necessary to pay rentals accruing under lease contracts executed between the Georgia Rural Roads Authority as lessor and the State of Georgia and the State Highway Department as lessee, executed pursuant to the Act known as the

672

JOURNAL OF THE HOUSE,

"Georgia Rural Roads Authority Act" (Ga. L. 1955, p. 124) are appropriated for the fiscal year beginning July 1, 1961 and for each and every fiscal year thereafter as required by provisions of the State Constitution as amended in 1960, until all rentals due under all lease contracts are paid in full. The appropriations for the payment of said rentals shall constitute a first charge on all funds appropriated to the State Highway Depart ment by this Section and upon all funds hereafter ap propriated to the State Highway Department pursuant to Article VII, Section IX, Paragraph IV of the Con stitution of Georgia, or otherwise.

HEALTH, PUBLIC WELFARE AND PENSIONS.

SECTION 11.

(a) For the cost of operating the State Prison In stitution System _--__----------------------------.--------_----__ $ 2,250,000.00
(b) For capital outlay costs--Authority Rentals-..-- $ 400,000.00

SECTION 12.

(a) For the cost of operating the Department of Public Health and grants to counties for public health programs ,,.------.------------__..____--..------------__$ 6,415,000.00

(b) For aid to local governmental subdivisions in establishing, constructing and equipping hospital facili ties to be administered and expended in the same manner as other public health funds and in accordance with the provisions of the "Hill-Burton" Act of the United States Congress and rules and regulations of the State Board of Public Health---__............__.._.._..__._....._..__.__. $

2,500,000.00

(c) For annual cost of acquiring the Eugene Talmadge Memorial Hospital--Authority Rentals.--------$ 840,000.00

(d) For cost of operating the Department of Public Health-Tuberculosis Sanatorium ----------------------._... $ 4,210,000.00

(e) For matching Federal funds for benefits or services for crippled children as authorized by law-------- $ 1,000,000.00

(f) For cost of operating the Alcoholic Rehabilita tion Division (Alcoholism, Georgia Commission on)-- ---- $ 285,000.00

(g) For cost of operating Milledgeville State Hos pital .----...--------------------_._------_.._,,_..----.----.------ $ 13,000,000.00

(h) For cost of operating Training School for Men tal Defectives _--..------.------....----..----......----._..--..----.. $ 2,585,000.00

(i) For cost of operating Mental Health Program.-- $ 700,000.00

(j) For capital outlay Milledgeville State Hospital, Training School for Mental Defectives and Rapid Treat ment Center--Authority Rentals.....----------------.....--..$ 1,310,000.00

TUESDAY, FEBRUARY 21, 1961

673

Provided, effective July 1, 1962 the appropriation under subsection (a) shall be increased from $6,415,000.00 to $6,540,000.00; (g) shall be increased from $13,000,000.00 to $14,000,000.00 and (h) shall be increased from $2,585,000.00 to $2,835,000.00 and said amounts shall be the appropriation for the year July 1, 1962 - June 30, 1963 until modified or repealed as provided by law.

SECTION 13.
(a) For the cost of operating the State Department of Public Welfare.--...----.----------------.---------- $ 700,000.00
(b) For grants to counties for aid in administration of county public welfare activities----------._-...__._----...._ $ 2,035,000.00
(c) For matching Federal funds for benefits to old age, blind, permanently disabled and dependent chil dren and maternity and foster home care for adoption purposes as authorized by law.----.......................................^ 19,500,000.00
(d) For matching Federal Aid funds for Medical Care program for aged, as authorized by law--------_-- $ 4,500,000.00
(e) For the support, maintenance and equipment of the State institutions under the management of the State Department of Public Welfare-...---....------...............__ $ 1,888,000.00
(f) For buildings and equipment of above State in stitutions ............. ....---.------------..----$ 500,000.00

SECTION 14. For pensions to Confederate widows......----------------_$

275,000.00

ALL OTHER AGENCIES.

SECTION 15.

Agriculture, Department of--

(a) For the cost of operating all activities of the Department including operation of farmers markets, meat inspection, testing, vaccinating, branding and tag ging livestock, indemnities to be paid for diseased live stock slaughtered and poultry disease research and con trol and processing plant inspection........_------__------__ $

3,450,000.00

Provided, that effective July 1, 1962, this appropria tion shall be increased to the amount of $3,500,000.00 and said amount shall be the appropriation for the year July 1, 1962-June 30, 1963 until modified or repealed as authorized by law.

(b) For development of farmers markets _............._..$ 50,000.00

(c) For the cost of operating the Milk Control Com mission ...... -.--......- -- -----------------------.$ 185,000.00

674

JOURNAL OF THE HOUSE,

(d) For capital outlay--Annual lease contract obli gation payable to the State Farmers' Market Authority for Atlanta Farmers' Market..------. ..._......._.._._------.......$
Provided, that notwithstanding any itemization of purposes for which funds are appropriated to the Agri culture Department by this Section, the sums necessary to pay rentals accruing under lease contracts heretofore or hereafter executed the State Department of Agricul ture for leasing of property from State Authorities shall constitute a first charge on all funds appropriated to the State Department of Agriculture by this Section or otherwise.
(e) For cost of operating Entomology Division, in cluding Fire Ant eradication.........--._...._....... ............. ---- $

650,000.00 535,000.00

SECTION 16. Art Commission, Georgia--For cost of operating

100.00

SECTION 17.
Audits, Department of--For the cost of operating all activities of the Department, county school auditing and Budget Division._.__--------------------.------___.__--------_ $

250,000.00

SECTION 18.
Banking, Department of--For the cost of operating all activities of the Department, including examination of credit unions--------------------.---..---------------.--- i

275,000.00

SECTION 19.

Capitol Square Improvement Committee--

(a) For cost of operating the old State Office Building -....._ .... _....._$ 200,000.00

(b) For capital outlay--annual cost of acquiring

the Judicial, Agricultural, Health and other Office

Buildings and facilities--Authority rentals.--..----

$ 1,977,752.87

SECTION 20. Commerce, Department of--For the cost of operating $

650,000.00

SECTION 21.
Comptroller General--For cost of operating the of fice of Comptroller General, Insurance Commissioner, Fire Inspection Division, Building Safety Council and Insurance Rate Division, Industrial Loan Commissioner and the Liquefied Petroleum Safety Act............ .....--. $
Provided, that effective July 1, 1962, this appropria tion shall be increased to the amount of $800,000.00 and

750,000.00

TUESDAY, FEBRUARY 21, 1961

675

said amount shall be the appropriation for the year July 1, 1962 - June 30, 1963 until modified or repealed as pro vided by law.
SECTION 22.
Confederate Pensions and Records--For the cost of operating the Department....-- .-------------------------------- S

15,000.00

Conservation-

SECTION 23.

(a) For the cost of operating the Department of

Forestry

....................... ...... .----....-..$ 2,225,000.00

Provided, that effective July 1, 1962, this appropria tion shall be increased to the amount of $2,275,000.00 and said amount shall be the appropriation for the year July 1, 1962-June 30, 1963 until modified or repealed as provided by law.

(b) For the cost of operating the Forestry Research

Council including allotment annually to Herty Founda

tion

.........-.-.-.....__........--______.__...--.----------.---..--....----....-.-- $

230,000.00

Provided, that effective July 1, 1962, this appropria tion shall be increased to $240,000.00 and said amount shall be the appropriation for the year July 1, 1962 June 30, 1963 until modified or repealed as provided by law.

(c) For the cost of operating Game and Fish Com mission ...... ......_--------------..._..------------_----------.$ 1,595,000.00

(d) For cost of operating Department of Mines, Mining and Geology, including Oil and Gas Commission.. $ 256,000.00

(e) For cost of operating Department of Parks and

developing State Parks

........ $ 867,000.00

SECTION 24.
Corrections, State Board of--For cost of operating.. $
Provided, that any invoice or bill for expense in curred by the State incident to the enforcement of pro visions of the Uniform Extradition Act (Acts 1951, pp. 726, 737) shall upon approval of the Governor be paid by the Department from the appropriation made in this section.
SECTION 25.
Executive Department-
(a) For the cost of operating the Executive Depart ment, including cost and maintenance expense of execu tive automobile and telephones at the Executive Mansion $
(b) For allowance payable monthly for cost of op erating the Executive Mansion, including servants' hire, food, other supplies and laundry... ........ ----_.__._.._..___.. $

150,000.00
200,000.00 12,000.00

676

JOURNAL OF THE HOUSE,

Provided, that the accounts to furnish the necessary heat, light, power, water, repairs, furnishings and equip ment at the Executive Mansion shall be paid by the pub lic buildings and grounds funds administered by the Sec retary of State.
(c) For a contingent fund of the Executive Depart ment for other costs of operating, namely, rewards, dues Governors' Conference and special committee expenses-- $

22,500.00

SECTION 26.
Historical Commission, Georgia--For the cost of op erating the Commission-----------......_--_------_------. ........$

150,000.00

SECTION 27.
Jekyll Island Committee--
(a) For cost of operating Island and maintaining public beaches and facilities--____----------..----............ ...___..$
(b) For capital outlay--to include sewerage system so as to prevent pollution of Inland Waterway.. ------____ $

768,000.00 450,000.00

SECTION 28.
Labor, Department of--
(a) For the cost of operating the Commissioner's Office and Factory Inspection Division.----------------___.. $
(b) For that part cost of operations of the Employ ment Security Agency as authorized by Act approved March 8, 1945---.----..---------------------------------. $

175,000.00 85,000.00

SECTION 29.
Law, Department of--For cost of operating the De partment of Law----------------------------------...------$
Provided, that the compensation of all Assistant At torneys-General, Deputy Assistant Attorneys-General, all law clerks and stenographic help necessary to carry on the legal duties of the State required of Department of Law or any other agency of the State in the executive branch of the State Government, shall be paid from this fund. No other agency is authorized to expend the funds appropriated as otherwise available from any source for the support and maintenance of the respective agency for the purpose for which provision is made in this item unless the payment is made 100% from Federal Funds.

450,000.00

SECTION 30.
Library, State--For the cost of operating the State Library and the purchase of new books and publications.. $

38,500.00

TUESDAY, FEBRUARY 21, 1961
SECTION 30A. Literature Commission, State--For cost of operations

677
15,000.00

SECTION 31.
Pardons and Paroles, State Board of--For cost of operating Board ....... ......._._.._--._...-_------._-------------- $

332,500.00

SECTION 32.
Statewide Probation System to be administered by a State Board of Probation--For the cost of operating aforesaid Board and System-- .--_.,,.---.--..-.....--............ ........ $

437,500.00

SECTION 33.
Pharmacy Board--For the cost of operating the Office of Chief Drug Inspector....----.--..-----------...--....-- !

45,000.00

SECTION 34.
Public Defense, Department of--For the cost of operating the Military Division, aid to military organi zations and cost of operating the Civil Defense Division.. $

545,000.00

SECTION 35.
Public Safety, Department of--For the cost of oper ating the Department of Public Safety.----.--_--.-------- $ 5,375,000.00

SECTION 36.
Public Service Commission--For the cost of operat ing the Utilities Division and the Motor Carriers Divi sion of the Public Service Commission.------.------_--_______. $

415,000.00

SECTION 37.

Revenue, Department of--For the cost of operating the Department of Revenue, including liquor warehouses,
provided, that the liquor warehouse charges shall be maintained and that same shall be immediately imbursed into the State Treasury..............._....--....----..----------.----.. $

6,200,000.00

Provided, further, that in addition to the above ap propriation, there is hereby appropriated as needed, a specific sum of money equal to each refund authorized by law, which is required to make refund of collections made in error, farmer gasoline tax refund and any other refunds specifically authorized by law. No wholesale distributor of gasoline shall be entitled to a refund cover ing shrinkage in the process of retailing gasoline as authorized by Act of Georgia General Assembly of 1947 (Ga. Laws 1947, p. 1115), by virtue of said wholesale distributor being engaged in retailing gasoline.

678

JOURNAL OF THE HOUSE,

SECTION 38. Rural Housing Committee Operations.

10,000.00

SECTION 39.
Secretary of State--
(a) For the cost of operating the Office of Secre tary of State; Corporation Division; Building and Loan Division; Securities Division; Commission's Division and Joint Secretary's Office---....----.-----.---...-.-?
(b) For cost of operating Archives and History and Museum Division __..._..............__..___........ _.,,--.--........----....__?
(c) For cost of operating the several examining Boards ....... _........_.........._._..................._......_..___.........._..._...,,...,,_. $
Provided, that $200,000.00 of the funds appropri ated in this item shall be apportioned to each board in ex act ratio of the revenue collections of each board and $60,000.00 shall be available to meet emergencies in the expenses of the boards in discretion of the Secretary of State with approval of the State Budget Authorities.
(d) For cost of housing and safe-keeping permanent and valuable State records and for micro-filming of per manent and valuable State records .... ..........................$
(e) For cost of operating State Capitol building and grounds; the maintenance of Confederate cemeteries; the repairs, furnishings, equipment, heat, light, power, water and upkeep of grounds at the Mansion and for in surance on public property not otherwise provided for.... $
Provided, that the State agency having in charge any State property shall pay the premium of insurance on such property.
(f) Special repairs Capitol Building and Mansion ... $
(g) For capital outlay--Authority Rents to acquire new Archives and History Building............. .. ......_..._....$

377,500.00 160,000.00 360,000.00
70,000.00 255,000.00 100,000.00 450,000.00

SECTION 39-A.
Stone Mountain Memorial Committee--
(a) For operating cost including cost of improve ments by convict labor................_........_._..._._._.___.............___..___,, i
(b) For capital outlay--Authority annual rents for cost of development of facilities-----...- ... ..,,.----.... .... i

375,000.00 350,000.00

SECTION 40.
Supervisor of Purchases--For the cost of operating the office of Supervisor of Purchases._______.._------_ ............ $

241,500.00

TUESDAY, FEBRUARY 21, 1961

679

SECTION 41.
Treasury, State--
(a) For the cost of operating the State Treasury___.__ $ (b) For operating the office of Bond Commissioner as per Section 40-1201 of the Code of Georgia _________ ________ $

90,000.00 10,000.00

SECTION 42.
Treasury Land Title Fund--There is hereby in trust for this fund the actual amount of receipts as required by law.
SECTION 43.
Veterans Service Office-- (a) For the cost of operating the Department _______ S (b) For cost of operating Veterans Home Commis sion . . ..... --_-----__.__.__ _.._.____...__...___-.,,_____-------_..---------_. i

740,000.00 112,000.00

SECTION 44.
Workmen's Compensation, State Board of-- For cost of operating the State Board of Workmen's compensation __________________________.__..____._._..-.,,___._.___,,_________ $

325,000.00

SECTION 45.
Georgia Waterways Commission--For the cost of operation _.. ___.--.._----------_--_______- _.__--__!

5,000.00

SECTION 46.
All appropriations and expenditures authorized by this Act shall be subject to provisions of Article VIII, Section IX, Paragraph II of the Constitution of Georgia, which continues in force and effect Sections 33, 55, 57, 58, 59, 60, 62 and 63 of Appropriation Act, approved January 29, 1943, same being laws of general application to all appropriations made by the General Assembly.

SECTION 47.
In the event it is determined by the Budget Bureau that the total receipts in the State Treasury from state revenue funds in a fiscal year for which appropriations are made in the foregoing sections of this Act are to be less than the amount needed to pay in full the specific appropriations authorized, the State Budget Authority is authorized and is hereby directed to make a pro rata reduction of the amount that each appropriation item provided for in the foregoing Section of this Act is in excess of the actual operating budget allotment ap proved by the Budget Bureau for each respective item for each fiscal year. Said pro rata reduction in each fiscal year shall be equal to the percentage that the total amount of the deficiency in the Treasury receipts in the

680

JOURNAL OP THE HOUSE,

fiscal year is to the amount that is the aggregate total amount of the appropriations provided for in the fore going sections of this Act is in excess of the aggregate total of the actual operating budget allotments approved by Budget Bureau in each respective fiscal year.
The amounts of the appropriations so reduced as directed herein and as determined by the Budget Bureau shall cease to be an obligation of the State.
Provided, further, the Budget Authority is hereby directed to economize wherever possible and in the event any part of the appropriations provided in the foregoing sections of this Act shall be in excess of the actual ap proved budget allotments for each fiscal year, the amounts so in excess as determined by the Budget Bu reau shall cease to be an obligation of the State.

TOTAL REGULAR APPROPRIATIONS--

FOR FISCAL YEAR JULY 1, 1961 -JUNE 30,

1962 __________________,,_._.,,_,,_,,._

..... _________ $405,620,176.90

FOR FISCAL YEAR JULY 1, 1962 - JUNE 30, 1963 _______________________________________________________ $413,961,176.90

SECTION 48.
Be it further enacted, by the General Assembly of Georgia and it is hereby enacted by authority of same, that in the event the actual receipts in the State Treasury from State revenue funds in a fiscal year for which ap propriations are made in this Act, exceeds the amount needed to pay the appropriations and/or allotments au thorized by the foregoing sections of this Act and/or allotments authorized by the foregoing sections of this Act and having budgetary approval, the Budget Authori ties are authorized and directed to make available the following contingent appropriations for each fiscal year in the amounts and for purposes authorized. If there are not sufficient funds as above provided to pay the follow ing contingent appropriations in full, the Budget Au thorities are authorized and directed to make available such part of any of the contingent appropriations as can be paid from the excess income of the State for the fiscal year for which appropriations are made in this Act. The State Treasurer and the Comptroller General are author ized and directed to set up the contingent appropriations in full or in part upon receiving authorization from the Budget Authorities and same shall be in addition to the appropriations or allotments authorized by the foregoing sections of this Act.
EDUCATION.
(a) To supplement and become a part of appropria tion provided for the State Board of Education for the

TUESDAY, FEBRUARY 21, 1961

681

educational purposes, including bus driver salary in creases, additional capital outlay funds and for all other purposes, provided for under Section 7 of this Act, pro vided that from the first funds available for the fiscal year 1960-61 an annual $200.00 per teacher salary raise shall be provided for and from the first funds made available in each fiscal year that this Act shall remain in force and effect an additional $200.00 annual teacher salary raise shall be provided for.

Provided, however, that the supplement authorized hereunder shall be subject to all rules, regulations, re strictions and limitations set forth in Section 7 of this Act $ 20,000,000.00

(aa) For additional amounts for educational grants to be calculated by the Governor so as to make such grants in an amount that the Governor may deem nec essary for education...----.--.--__.----__---.-------------_------ $

5,000,000.00

(b) To supplement and become a part of appropria tion provided for the State Board of Regents for the edu cational purposes, including salary raises, provided for under Section 8 of this Act.

Provided, however, that the supplement authorized hereunder shall be subject to all the rules, regulations, restrictions and limitations set forth in Section 8 of this Act.

Aid to University System for maintenance, salary raises, for new buildings, plant and equipment--,,,,,,__ $ 5,000,000.00

(c) To supplement and become part of appropria tion to provide the State's contribution to the Teacher Retirement Fund _--__--..----..--.....----,,_-------_--_-------- $ 1,500,000.00

HIGHWAYS.
(d) To supplement and become a part of the appro priation for cost of highway activities-------------------- $ 4,000,000.00

HEALTH, PUBLIC WELFARE.

(e) To supplement and become part of the appro priation to Department of Public Welfare for matching Federal Funds for benefits to old age, blind, perma nently disabled and dependent children and for addi tional administration expense..

3,000,000.00

(ee) For matching Federal Aid funds for new pro gram of Medical Care for Aged for State Department and County Department Administration, as authorized by law _--___----_--------___----------_--------------------_---- $

5,000,000.00

(f) To supplement and become part of appropria tion for the support, maintenance and equipment of State institutions under management of Department of Public Health and for other health activities as may be ap proved in budget------.--------------------------__......._...... $

3,000,000.00

682

JOURNAL OF THE HOUSE,

OTHER AGENCIES.

(g) For cost of development of the various State Parks _......_..._...._..-,,,,........_._....$ 500,000.00

(h) For additional Farmers Market facilities under control of Department of Agriculture........... ________..........__... $ 200,000.00

(i) To supplement and become part of the appro priation to Revenue Department for the purpose of mak ing grants to political subdivisions to aid in cost of study of assessments of property for tax purposes...... ................ $

1,000,000.00

(j) For grants to municipalities to aid in the cost of operating said municipalities._...-.__..-_._______________.__..._...... $ 5,000,000.00

(k) To supplement and become part of the appro priation to the State Board of Corrections for the opera tion of prisons__-..........-....________.______...........-.....-..._-..___.._._........ $

500,000.00

(1) For State Ports Development, including inland facilities ._..___________...........____._........................_..__.__.................. $ 4,000,000.00

TOTAL CONTINGENT APPROPRIATIONS.......... $ 57,700,000.00

SECTION 49.
All laws and parts of laws in conflict with the pro visions of this Act are hereby repealed.

The Speaker resolved the House into a Committee of the Whole House, des ignating Mr. McCracken of Jefferson as Chairman thereof, for the purpose of considering HB 90.

The Committee of the Whole House arose and through its Chairman reported HB 90 back to the House with the recommendation that it Do Pass, by substitute, as amended.

The following Committee substitute was read:
A BILL
To be entitled an Act to make appropriations for the operation of the State Government, for the support of its eleemosynary institutions, for aid to the University System and to the common schools of the State, for aid to the counties for Roads and for all other governmental activi ties authorized by law for the fiscal year beginning July 1, 1961 and ending June 30, 1962 and for each and every fiscal year thereafter until repealed or modified by law; to provide for the control and administra tion of the funds; and to repeal conflicting laws.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA, and it is hereby enacted by authority of same, that the sums of money hereinafter set out are appropriated for the fiscal year beginning July 1, 1961 and ending June 30, 1962 and for each and every fiscal year thereafter until repealed or modified by law.

SECTION 1. LEGISLATIVE DEPARTMENT

$ 1,248,000.00

TUESDAY, FEBRUARY 21, 1961

683

For compensation as fixed by previous laws for mileage at the rate of 10# per mile for four (4) round trips, for each regular session and number of round trips for any and all extra-ordinary sessions of the General Assembly as set by each such extra-ordinary session; Secretary and Assistant Secretary of the Senate and Clerk and Assistant Clerk of the House of Representa tives shall receive the same mileage allowances as Mem bers of the Senate and House of Representatives, of the President and Members of the Senate and of the Speaker and Members of the House of Representatives; for the compensation of the Secretary of the Senate, of the Clerk of the House of Representatives, as fixed by law, of the messengers and doorkeepers and other attaches of the Senate and House of Representatives, for the actual travel expense of members of legislative committees; for cost of operating the office of Lieutenant Governor and Speaker of the House of Representatives authorized by law; for membership in council of State governments, National Conference of Legislative Leaders, and Marine Fisheries Compact; for supplies, repairs, printing and other incidental expenses and equipment for the Gen eral Assembly, including rental or purchase of voting machine for House of Representatives and the necessary cost of renovating and repairing the housing facilities for the Senate and House of Representatives; for cost of compiling, publishing and distributing the Acts and Journals of the General Assembly; the codes of Georgia and the annual report of State Auditor to General As sembly; for election blanks and any other election ex pense, including publishing constitutional amendments; and for cost of Legislative Counsel as authorized by law.
Provided, further, that the Members of the General Assembly shall be paid the ten dollars per diem and the five dollar allowance heretofore authorized by law and as further authorized by law as cited herein shall be paid an additional maintenance expense allow ance of twenty-five dollars for each day in attendance at a session of the General Assembly and said mainte nance expense allowance, which is authorized by general provisions of the State Constitution, shall be in lieu of any payment of accounts for telephone, telegraph, post age and other incidental items of a like nature which have not been furnished and paid for by the State and which may be personally incurred by the individual Member in the performance of official duties during a session of the General Assembly and this allowance to the Members of the General Assembly is hereby construed to be authorized by the State Constitution as per diem and maintenance allowance to cover the cost of ordinary expenses of the State government as provided for by Art. Ill, Sec. VII, Par. IX of the Constitution of Georgia. Provided, further, the per diem allowance provided for in the foregoing shall also be payable to any official of the State or attache for each day during his term of service who is authorized by Act or Resolution of one or both

684

JOURNAL OF THE HOUSE,

branches of the General Assembly to receive an allow ance based on the total per diem maintenance allowance provided for Members of the General Assembly while in session. Provided, however, that a Member of the Gen eral Assembly serving as a member of a regular or spe cial committee shall be limited to and shall be paid for each day of service on said committee when the General Assembly is not in session, ten dollars per diem and ten dollars maintenance allowance together with actual travel expenses while performing such committee duties.
(A) For exclusive use for repairs, refurbishing, painting and equipping committee rooms, the Senate and House chambers and offices attached thereto or other wise required for the use of the Legislative Branch in the State Capitol Building----------..-------------------- $
JUDICIARY.
SECTION 2.
For the cost of operating the Supreme Court..... --.... $

100.00 325,000.00

SECTION 3. For the cost of operating the Court of Appeals.----..

350,000.00

SECTION 4.
For the cost of operating the Superior Courts includ ing such contingent expense allowances authorized by law, the payment of six cents per mile for transportation authorized by law and such other expense items cheargeable to this appropriation as may be authorized by law.... ,(

875,000.00

SECTION 5.
For the cost of printing and distributing the reports of the Supreme Court and Court of Appeals------------..-- $

35,000.00

SECTION 6. For the cost of operating the Judicial Council

2,500.00

EDUCATION.
SECTION 7.
For matching vocational rehabilitation funds in co operation with the Federal Government; for operations of vocational trade schools; for operations of public and rural library programs; for operations of School for Deaf and Academy for the Blind; for grants for aid to the public common schools under provisions of law; for free textbooks for the children attending public common schools; for the salaries of county school superintendent; for the operating costs of the Department; for educa tional grants including the grants to teachers for schol-

TUESDAY, FEBRUARY 21, 1961

685

arships as provided by law; and for any and other ex penses authorized by law payable from the common school fund .................^.............__.......__..._._....._,,...,,.. $180,092,963.88
(A) Provided, that the State Board of Education shall within the first thirty days of each fiscal period make an apportionment of this appropriation, together with other funds available to the various activities of the Department of Education and immediately report the same to the appropriate Budget officers for approval, whose approval shall be evidenced in writing.
(B) Provided further that the State Board of Edu cation, in making the allotment of funds to be paid to the local school systems shall allot sufficient money for the fiscal year beginning July 1, 1961 to pay to each local school system the amount of funds required to pay each state allotted teacher employed by such local school sys tem a salary increase of $250.00 per year effective July 1, 1961, and to pay each local school system the amount of funds required to pay each school bus driver employed by such local system a salary increase of $100.00 per year effective July 1, 1961.
(C) Provided further that the General Assembly finds that within this Department there are capital out lay funds in the sum of $2,970,000.00 (representing $2,750,000.00 in said fund which is allocated for the fiscal year ending June 30, 1961, and an additional accumu lated balance in said fund of $220,000.00, which sums are not required but in excess of any obligations of this De partment). Said $2,970,000.00 set forth above shall not lapse on June 30, 1961 and shall be appropriated in addi tion to the funds appropriated hereinbefore for this De partment and the State Department of Education is hereby authorized and directed to transfer from said capital outlay funds $1,485,000.00 to be expended during the fiscal year beginning July 1, 1961 in making the allot ments required by sub-paragraph B of this Section 7, and a similar amount shall be authorized for expenditure during the fiscal year beginning July 1, 1962.
(D) Provided, however, that the State Board of Education shall in each fiscal period make an allotment of not less than twenty million dollars to pay the annual capital outlay commitments required under lease con tracts with the State School Building Authority, this amount of appropriation for capital outlay purposes shall be in compliance with the provisions of State Con stitution ratified 1960 General Election, pertaining to Authority lease contract obligations.
(E) Provided, further, that the expenditure of any of the appropriation made in this section shall be subject to all provisions of the Constitution of Georgia regulat ing the creation of indebtedness and by all budget regu lations of general application which are or may be in force and effect.

686

JOURNAL OF THE HOUSE,

(a) No part of this appropriation shall be available until made available from time to time by written order of the State Budget Authorities.
(b) The State Board of Education within the first thirty days of each fiscal period, shall make an appor tionment of the funds available to the Department of Education from this appropriation and all other sources, and upon written approval of said apportionment or any item thereof by the State Budget Authorities, the funds covered by the apportionment or item approved shall be come available. Said Board shall have no power to include within such apportionment any funds for the benefit of public schools within any school district in which the public schools are operated in any manner other than that provided in subsection (a) above; nor shall the State Budget Authorities have any power to approve or make available any funds for such schools. If after the making and approval of any apportionment for the bene fit of public schools within any school district such pub lic schools shall thereafter be operated in any manner other than that provided in subsection (a) above, no fur ther funds shall be paid from such apportionment.
(c) After approval by the State Budget Authorities of an apportionment of the State Board of Education or any item thereof, any and all obligations and commit ments in excess of the funds approved or violative of any of the provisions of this Section 7 shall be null and void, and the appropriations made in this Section 7 are sub ject to all provisions of the Constitution of this State and all budget requirements not inconsistent herewith now or hereafter of general application.

SECTION 8.
(a) For the cost of operating the State Board of Re gents; for aid to the University System; for annual pay ment of $8,000.00 to the University of Georgia for old bank stock items; for cost of operating the State Soil Conservation Committee an amount of $40,000.00; for scholarships authorized by law $100,000.00; for experi mental purposes; and for the cost of use and/or acquir ing additions to plant and equipment for the University System .......................................................................................I 29,725,000.00
Provided, that the above appropriations shall be in addition to the funds realized by the respective units in each fiscal year from Federal government, donations, gifts, earning from fees, rents, sales, and any and all other sources of income.
Provided, that the State Board of Regents shall within the first thirty days of each fiscal period first make an apportionment of funds to the various units of the University System from all funds available in the amounts necessary in each fiscal year to pay the annual lease contract commitments for the acquisition of prop-

TUESDAY, FEBRUARY 21, 1961

687

erty, as provided for in the provisions of the State Con stitution, ratified 1960 General Election; and shall sec ond, apportion the remaining funds available to the vari ous units to cover cost incident to the operation and de velopment of the University System. The State Board of Regents shall immediately report the same to the State Budget Authorities for approval, whose approval shall be evidenced in writing.

Provided, further, that no provisions in this Act or other laws shall be construed as authorizing the reduc tion of or the voiding of any part of the appropriations made in this section which is required to be allotted each fiscal year to meet the annual payments required under the fixed lease contracts with the University System Building Authority for the acquisition of property.

Provided, further, that all expenditures or obliga tions authorized by the State Board of Regents or any agency thereof, regardless of the source of funds there for, shall be governed by the provisions of the Constitu tion of the State of Georgia regulating the creation of indebtedness and by the laws and budget regulations of general application which are authorized by the General Assembly.

(a) No part of this appropriation nor any funds realized by the State Board of Regents or the University System or any school or college from the Federal Gov ernment or from donations, gifts, earnings, fees, rents, sales or from any other source of income, shall be avail able for use or expenditure until made available from time to time by written order of the State Budget Au thorities.

(b) No funds appropriated by this Section 8 or de rived from the sources of revenue referred to in subsec tion (a) hereof, shall be used or expended for any school or college except as herein otherwise provided and in conformity to the following: The State Board of Regents, within the first thirty days of each fiscal period, shall make an apportionment of funds to the various schools and colleges in the University System or operated by the State Board of Regents or otherwise within the pro visions of this Section 8, first including in such appor tionment the amounts necessary in each fiscal year to pay the lease contract commitments for the acquisition of property, and upon written approval of such appor tionment or any item thereof by the State Budget Au thorities, the apportionment or item so approved by the State Budget Authorities shall be available for use and expenditure.
(c) For cost of operating the Eugene Talmadge Memorial Hospital under control of the Board of Regents ... ....._._..._.......___.__._...... ...._...__............._.___._______.........$
(d) For cost of operating the State Medical Educa tion Board including the payment of medical scholar-

3,500,000.00

688

JOURNAL OF THE HOUSE,

ships as authorized by provisions of the Georgia State Constitution --._--_._.._.___,,...._......_.__,,___________.,,$ 150,000.00

SECTION 9
For the State's contribution to the teacher retire ment fund, including cost of administration ............__-..... ? 11,140,000.00

HIGHWAYS
SECTION 10
Appropriation for all highway purposes in this Sec tion 10 is to be in conformity with, and pursuant to, the mandate contained in Article VII, Section IX, Para graph IV of the State Constitution for each fiscal year commencing July 1, 1961, and shall be in an amount equal to all money derived from motor fuel taxes re ceived by the State Treasurer in each of the immedi ately preceding years, less the amount of refunds, re bates, and collection costs authorized by law. The imme diately preceding year to this first Constitutional appro priation shall be the fiscal year ending June 30, 1961. The fiscal officers of the State are hereby directed to, as of July 1st of each fiscal year (beginning July 1, 1961), determine the net collection of Motor Fuel Tax received by the State Treasury in the immediately pre ceding fiscal year and to enter said amount so deter mined on the records of the State, as being the appro priation payable in lieu of the amount appropriated herein in the event the amount appropriated herein is less than the net collections from Motor Fuel Tax in the immediately preceding fiscal year and any adjustment so required shall be made in the amount appropriated under subsection (b) of this Section.
(a) For State-matching participation in cost of con struction, re-construction, improvement in highways and highway planning in cooperation with Federal govern ment, including all cost items incident thereto and for no other purpose, provided, that not less than 50% of the State and Federal funds available in each fiscal year for work on the primary and secondary system of roads in Georgia shall be expended for widening and re-surfac ing, re-constructing and re-locating existing bridges and paved roads on the Federal-State Primary and Second ary Highway System..__.....-...._._,,_.._..._._.__._......____,,_._....... $ 26,270,731.62
(b) For cost of operating the Highway Depart ment, for road and bridge construction, maintenance and improving the State Highway System of roads and bridges and the cost incident thereto (provided all ex penditures for county contracts shall be in accordance with and on the basis of average prices as authorized by law) the additional cost of matching Federal Aid funds which amount shall be apportioned and/or reserved from this appropriation item at the beginning of each fiscal

TUESDAY, FEBRUARY 21, 1961

689

year if sufficient funds are appropriated in subsection (a) of this Section; for convict camp contract opera tions; compensation claims, surveys and for payment of annual amounts required under lease contracts executed with the Authorities in conformity with provisions of the State Constitution and laws enacted pursuant there to ,,_-----_--.,,-_____.________,,___________._-.$ 49,444,579.38
Provided, further, that any and all obligations and commitments made by the officials of the State High way Department, after the effective date of this law, which have not been authorized by the provisions of this Act and a specific budget allotment for which funds are available shall be null and void, and all expenditures shall be governed by law and budget regulations of gen eral application which are or may be in force and effect and not in contravention of Constitutional mandate.
(c) For grants to counties for aid in county road construction and maintenance as provided by law au thorizing the State Treasury to make such grants for highway purposes -______-___..__.____..........,,............._._..___.__........ $ 4,817,013.03
(d) For grants to counties for aid in county road construction __..--..----________.,,.,,___...,,....._..__..____.--___._...__......_ $ 4,500,000.00
Provided, that this sum shall be distributed and dis bursed by the State Treasurer for highway purposes based on information as to the total public road mileage furnished by State Highway Department; provided, how ever, that the sum appropriated in subsection (b) shall be distributed and disbursed to the various counties of the State in the same proportional basis to each county as the proportion of each county's total public road mile age is to the total public road mileage in the State.
(e) Not withstanding any itemization of purposes for which funds are appropriated to the Highway De partment by this Section, the sums necessary to pay rentals accruing under lease contracts executed, or to be executed, as authorized by law, between the Georgia State Highway Authority (continuation of the State Bridge Building Authority) as lessor, and the State Highway Department, as lessee, pursuant to the Act of 1953 known as the "Georgia State Highway Authority Act" (Ga. L. 1953, p. 626), as amended, and the sums necessary to pay the rentals accruing under the existing lease contract between the State Office Building Author ity as lessor and the State Highway Department as lessee, executed pursuant to the Act known as the "State Office Building Authority Act" (Ga. L. 1951, p. 699), and the sums necessary to pay rentals accruing under lease contracts executed between the Georgia Rural Roads Authority as lessor and the State of Georgia and the State Highway Department as lessee, pursuant to the Act known as the "Georgia Rural Roads Authority Act" (Ga. L. 1955, p. 124) are appropriated for the fiscal year beginning July 1, 1961 and for each and every

690

JOURNAL OF THE HOUSE,

fiscal year thereafter until all rentals due under all lease contracts are paid in full. In addition to the appro priations made by Section 46 of this Act, the appropria tions made by this Section 10 for the payment of said rentals shall constitute a first charge on all funds ap propriated to the State Highway Department and upon all funds hereafter appropriated to the State Highway Department pursuant to Article VII, Section IX, Para graph IV of the Constitution of Georgia, or otherwise.

HEALTH, PUBLIC WELFARE AND PENSIONS
SECTION 11
(a) For the cost of operating the State Prison In stitution System and for the Georgia Prison Industries Administration $100,000 of said appropriation _._..________$ 2,350,000.00
(b) For capital outlay costs--Authority Rentals ____$ 400,000.00

SECTION 12
(a) For the cost of operating the Department of Public Health and grants to counties for public health programs _____________________.___________._______________,,________$ 6,000,000.00

(b) For aid to local governmental subdivisions in establishing, constructing and equipping hospital facili ties to be administered and expended in the same man ner as other public health funds and in accordance with the provisions of the "Hill-Burton" Act of the United States Congress and rules and regulations of the State Board of Public Health .____,,_______._______._________________ $

2,500,000.00

(c) For annual cost of acquiring the Eugene Talmadge Memorial Hospital--Authority Rentals _________ $ 840,000.00

(d) For cost of operating the Department of Pub lic Health-Tuberculosis Sanatorium ____________________________ $ 3,900,000.00

(e) For matching Federal funds for benefits or services for crippled children as authorized by law _________ $ 1,000,000.00

(f) For cost of operating the Alcoholic Rehabilita tion Division (Alcoholism, Georgia Commission on) ________ $ 275,000.00

(g) For cost of operating Milledgeville State Hospital _____..__._,,___._.,,_$ 13,400,000.00

(h) For cost of operating Training School for Men tal Defectives ____,,_______________._.._.,,.,,__.____._____________._ $ 2,685,000.00

(i) For cost of operating Mental Health Program____ $ 700,000.00

(j) For capital outlay Milledgeville State Hospital, Training School for Mentral Defectives and Rapid Treat ment Center--Authority Rentals ._,,,,,,__,,_.___....__,,,,_,,_,,___.__$ 1,310,000.00

TUESDAY, FEBRUARY 21, 1961

691

SECTION 13
(a) For the cost of operating the State Depart ment of Public Welfare .............._......_..-...-.-.-.f

700,000.00

(b) For grants to counties for aid in administration of county public welfare activities __.._.-.___-....,,_.___.__._...----.$ 1,925,000.00

(c) For matching Federal funds for benefits to old age, blind, permanently disabled and dependent children and maternity and foster home care for adoption pur poses as authorized by law .._...._._$ 19,000,000.00

(d) For the support, maintenance and equipment of the State institutions under the management of the State Department of Public Welfare ..........__________________._._..._....__.$ 1,700,000.00

(e) For buildings and equipment of above State institutions

500,000.00

SECTION 14 For pensions to Confederate widows __

$ 218,000.00

SECTION 15
ALL OTHER AGENCIES
Agriculture, Department of
(a) For the operation of all activities of the De partment, including the operation of farmers markets... $ 2,600,000.00
Provided, that any of the subsections or paragraphs of this Section appropriating money for enumerated purposes shall be subject to adjustment between the appropriated items within the limitation of the total appropriations of this Section, and upon budgetary allot ment, by the Commissioner of Agriculture.

(b) Livestock and Poultry
(1) For testing, vaccinating, branding and tag ging livestock, including indemnities for livestock slaugh tered in disease eradication, and for livestock and poul try disease eradication and control _.,,--__............. i

643,000.00

(2) For meat and poultry inspection ........ ...... ^ 300,000.00

(3) For hog cholera control and eradication ...... ii 300,000.00

(4) For poultry laboratory acquisition, develop ment and equipment _...._..._..-..........--..........--._--------------S 150,000.00

(c) For farmers markets development, improve ment, maintenance and repair _...._...,,._.....__.._--------------'

150,000.00

(d) For seed development, including contracts with Georgia Seed Development Commission _.____..__..._...._.....__.... ',

150,000.00

692

JOURNAL OP THE HOUSE,

(e) Entomology Division
(1) For the operation of the Entomology Divi sion and
For insect and pest control and eradication........ $
(f) Georgia Milk Commission
(1) For cost of operation __..._._.___._.._...___.____$
(2) For contracts with Board of Regents and University of Georgia ^ .^.................. ^.-..........................^
(g) For capital outlay--Annual lease contract obli gation payable to the State Farmers' Market Authority for Atlanta Farmers' Market ___.__-_-.-.-___.____..___..... $
Provided, that notwithstanding any itemization of purposes for which funds are appropriated to the Agri culture Department by this Section, the sums necessary to pay rentals accruing under lease contracts heretofore or hereafter executed the State Department of Agricul ture for leasing of property from State Authorities shall constitute a first charge on all funds appropriated to the State Department of Agriculture by this Section or otherwise.
SECTION 16
Art Commission, Georgia--For Cost of operating.--- $

600,000.00 242,400.00
30,000.00 650,000.00
100.00

SECTION 17
Audits, Department of--For the cost of operating all activities of the Department, county school auditing and Budget Division .._.._..._........_..__........_._..._..._.._._......... $

250,000.00

SECTION 18
Banking, Department of--For the cost of operating all activities of the Department, including examination of credit unions __..__.._.--_--.---. -- _-..$

305,000.00

SECTION 19
Capitol Square Improvement Committee--
(a) For cost of operating the old State Office Building ___._.-__.....____......._._.._____._._...__.._$ 150,000.00
(b) For capital outlay--annual cost of acquiring the Judicial, Agricultural, Health and other Office Buildings and facilities--Authority rentals _..._......_.......___$ 1,977,752.87

SECTION 20
Commerce, Department of--For the cost of operat ing _____________________..__...-------.............................. $

650,000.00

TUESDAY, FEBRUARY 21, 1961

693

SECTION 21
Comptroller General--For cost of operating the of fice of Comptroller General, Insurance Commissioner, Fire Inspection Division, Building Safety Council and Insurance Rate Division, Industrial Loan Commissioner and the Liquefied Petroleum Safety Act ____________________________

700,000.00

Conservation--

SECTION 22

(a) For the cost of operating the Department of Forestry ....,,..._.....________________________________________._____._.,,._.$ 2,125,000.00
(b) For the cost of operating the Forestry Re search Council _.___._.__..._.......__.._.......____________ $ 250,000.00
Provided that the sum of $50,000.00 shall be paid annually to the Herty Foundation on Contract for fur nishing of equipment.
(c) For the cost of operating Game and Fish Com mission ______________________________________________,,$ 1,500,000.00
(d) For cost of operating Department of Mines, Mining and Geology, including Oil and Gas Commission.. $ 256,000.00
(e) For cost of operating Department of Parks and developing State Parks ____._..________.____.____.___...__.__... $ 700,000.00

SECTION 23
Corrections, State Board of--For cost of operating., i
Provided, that any invoice or bill for expense incur red by the State incident to the enforcement of provi sions of the Uniform Extradition Act (Acts 1951, pp. 726, 737) shall upon approval of the Governor be paid by the Department from the appropriation made in this section.
SECTION 24
Executive Department
(a) For the cost of operating the Executive Depart ment, including cost and maintenance expense of execu tive automobile and telephones at the Executive Man sion _____________________.__,,__ ___,,___ ______________ ______,,.__._._____ ',
(b) For allowance payable monthly for cost of operating the Executive Mansion, including servants' hire, food, other supplies and laundry __________________ i
Provided, that the accounts to furnish the necessary heat, light, power, water, repairs, furnishings and equip ment at the Executive Mansion shall be paid by the pub lic buildings and grounds fund administered by the Sec retary of State.

150,000.00
200,000.00 17,500.00

694

JOURNAL OP THE HOUSE,

(c) For a contingent fund of the Executive Depart ment for other costs of operating, namely, rewards, dues Governors' Conference and special committee expenses.... $

22,500.00

SECTION 25
Historical Commission, Georgia--For the cost of operating the Commission ________.______________________._________...___________$

125,000.00

SECTION 26

Jekyll Island Committee

(a) For cost of operating Island and maintaining

public beaches and facilities

_______ $

(b) For capital outlay--to include sewerage system so as to prevent pollution of Inland Waterway .,,......_...... $

750,000.00 450,000.00

SECTION 27

Labor, Department of

(a) For the cost of operating the Commissioner's Office and Factory Inspection Division ______,,__________________ $

(b) For the part cost of operations of the Employ

ment Security Agency as authorized by Act approved

March 8, 1945 ,,__----_-__ ,,-____ _____ -_-_.--

$

150,000.00 85,000.00

SECTION 28
Law, Department of--For the cost of operating the Department of Law ___..-..-..,,...............,,............-.._.____-___________$
Provided, that the compensation of all Assistant Attorneys-General, Deputy Assistant Attorneys-General, all law clerks and stenographic help necessary to carry on the legal duties of the State required of Department of Law or any other agency of the State in the executive branch of the State Government, shall be paid from this fund. No other agency is authorized to expend the funds appropriated as otherwise available from any source for the support and maintenance of the respective agency for the purpose for which provision is made in this item unless the payment is made 100% from Fed eral Funds.
SECTION 29
Library, State--For the cost of operating the State Library and the purchase of new books and publications.. $

410,000.00 44,000.00

SECTION 30
Literature Commission, State--For cost of opera tions ________________-_.-_-__.-___-___----_$

15,000.00

TUESDAY, FEBRUARY 21, 1961

695

SECTION 31
Pardons and Paroles, State Board of--For cost of operating Board ____--.__-____-_---__----._-..-.--.--_--_---_-.--_,,.._.---- S

320,000.00

SECTION 32
Statewide Probation System to be administered by a State Board of Probation--For the cost of operating aforesaid Board and System ..................... $

430,000.00

SECTION 33
Pharmacy Board--For the cost of operating the Of fice of Chief Drug Inspector ________.----____.__--_____,,__..,,________ $

48,000.00

SECTION 34
Public Defense, Department of--For the cost of operating the Military Division, aid to military organi zations and cost of operating the Civil Defense Division .. $

545,000.00

SECTION 35
Public Safety, Department of--For the cost of operating the Department of Public Safety .......

5,225,000.00

SECTION 36
Public Service Commission--For the cost operating the Utilities Division and the Motor Carriers Division of the Public Service Commission ...... _______________________________________ $

400,000.00

SECTION 37
Revenue, Department of--For the cost of operating the Department of Revenue, including liquor ware houses ___.____-_--......,,__....__.____.___--.-..--.-....----..--,,----.----_--- i
Provided, further, that in addition to the above ap propriation, there is hereby appropriated as needed, a specific sum of money equal to each refund authorized by law, which is required to make refund of collections made in error, farmer gasoline tax refund and any other refunds specifically authorized by law. No wholesale distributor of gasoline shall be entitled to a refund cov ering shrinkage in the process of retailing gasoline as authorized by Act of Georgia General Assembly of 1947 (Ga. Laws 1947, p. 1115), by virtue of said wholesale distributor being engaged in retailing gasoline.

6,500,000.00

Secretary of State--

SECTION 38

(a) For the cost of operating the Office of Secre tary of State; Corporation Division; Building and Loan Division; Securities Division; Commission's Division and Joint Secretary's Office _______________________________________________________ $

377,500.00

696

JOURNAL OP THE HOUSE,

(b) For cost of operating Archives and History and Museum Division _______---------___--_----_--_________._____ $
(c) For cost of operating the several examining Boards _.,,......._.________,,_.___,,___________..._____________,,.______$
Provided, that $170,000.00 of the funds appropri ated in this item shall be apportioned to each board in exact ratio of the revenue collections of each board and $60,000.00 shall be available to meet emergencies in the expenses of the boards in discretion of the Secretary of State with approval of the State Budget Authorities.
(d) For cost of housing and safe-keeping perma nent and valuable State records and for micro-filming of permanent and valuable State records ___________________________ $
(e) For cost of operating State Capitol building and grounds; the maintenance of Confederate ceme teries; the repairs, furnishings, equipment, heat, light, power, water and upkeep of grounds at the Mansion and for insurance on public property not otherwise pro vided for ___________ ______ ---___--..______________________ $
Provided, that the State agency having in charge any State property shall pay the premium of insurance on such property.
(f) Special repairs Capitol Building and Mansion_ $
(g) For capital outlay--Authority Rents to acquire new Archives and History Building .__._______________________.______,, $

SECTION 39
Stone Mountain Memorial Committee
(a) For operating cost including cost of improve ments by convict labor _______________-_______-.______,,_________ $
(b) For capital outlay--Authority annual rents for cost of development of facilities --,,___,,--______________ $

SECTION 40
Supervisor of Purchases--For the cost of operating the office of Supervisor of Purchases ---______._____________._.. $

Treasury, State

SECTION 41

(a) For the cost of operating the State Treasury____ $

(b) For operating the office of Bond Commissioner as per Section 40-1201 of the Code of Georgia ,,_________._ $

125,000.00 330,000.00
65,000.00
240,000.00 60,000.00 450,000.00
300,000.00 350,000.00 240,000.00
90,000.00 10,000.00

SECTION 42
Treasury Land Title Fund--There is hereby in trust for this fund the actual amount of receipts as required by law.

TUESDAY, FEBRUARY 21, 1961

697

SECTION 43 Veterans Service Office
(a) For the cost of operating the Department _...__.. $
(b) For cost of operating Veterans Home Com mission ___,,__._______________._____._._.__________.________________..__.$

700,000.00 112,000.00

SECTION 44
Workmen's Compensation, State Board of--For cost of operating the State Board of Workmen's compensa tion .................____.._.._._..-._.___.-.-._..-..-...----__.--._._.__-_-?

325,000.00

SECTION 45
Georgia Waterways Commission--For the cost of operation __.____-___.__.....-........_.__-_..-..-...._.__._--...____....._--____$

500.00

SECTION 46
OBLIGATIONS UNDER LEASE CONTRACTS
Pursuant to the mandate contained in Article VII, Section VI, Paragraph I (a) of the Constitution of the State of Georgia, as amended, there are hereby appro priated, payable to each department, agency or institu tion of the State, sums sufficient to satisfy the payments required to be made in each year under lease contracts now in existence or to be hereafter entered into during the current fiscal year pursuant to the above stated provision of the Constitution of Georgia by and between such department, agency, or institution of the State, and any State Authority which had been created and acti vated at the time of the effective date of the aforesaid Constitutional provision, as amended.
Notwithstanding the specific sums itemized herein, or any itemization of purposes for which funds are ap propriated to various departments and agencies by this Act or any other provisions of this Appropriations Act, the sums necessary to make all payments required under lease contracts heretofore or hereafter executed between the Lessors and Lessees herein, or heretofore authorized so to contract, are appropriated for the fiscal year be ginning July 1, 1961, and for each and every fiscal year thereafter until all payments required under said lease contracts have been paid in full; and if, for any reason, any of the sums herein provided are insufficient in any year to make the required payments in full, there shall be taken from any other funds appropriated to the department, agency or institution involved an amount sufficient to satisfy any such deficit, and the lease pay ments shall constitute a first charge on all such appro priations.

698

JOURNAL OP THE HOUSE,

The General Assembly finds that all of the Authori ties herein named, (without limitation on or prejudice to any Authority not named), were created and activated prior to the effective date of the above referred to Con stitutional provision. The General Assembly declares that the sums hereby appropriated are to pay the general obligations of the State incurred under valid lease con tracts, and such appropriations may be paid from the general funds of the State as a first charge on such general funds.
SECTION 47
All appropriations and expenditures authorized by this Act shall be subject to provisions of Article VII, Section IX, Paragraph II of the Constitution of Georgia, which continues in force and effect Sections 55, 57, 58, 59, 60, 62, 63 of Appropriations Act, approved January 29, 1943, same being laws of general application to all appropriations made by the General Assembly; Section 33 of said Act having been specifically and separately repealed by an Act approved February 25, 1949, (Ga. Laws 1949, page 1506).
SECTION 48
INCOME EQUALIZATION ACCOUNT--
The State Treasurer, and other fiscal officers, are authorized and directed to set up in this account an amount equal to the amount, or amounts, that are deter mined by the Governor with the advice of the State Auditor to be a surplus in available funds after the pro rating of monthly income has been made to the monthly allotments authorized under this Act. In the event the income for the month is insufficient to make a 100% prorating to meet the allotments authorized under this Act, the Governor is authorized to utilize the necessary amount from this fund to cover the deficiency.
Prom the surplus in this account there is hereby appropriated as a contingency and emergency appropria tion to be expended pursuant to the provisions of Section 8 of the Budget Act (Code 40-408) a specific sum of $10,000,000.00 in said fiscal year. The Governor is au thorized to expend from this fund the sum of $60,000.00 for the maintenance and operation of the Budget Bureau.
TOTAL REGULAR APPROPRIATIONS FOR FISCAL YEAR JULY 1, 1961-JULY 30, 1962 ._......... . $406,220,140.78

SECTION 49
In the event it is determined by the Governor, as Director of the Budget, that the surplus and the total receipts in the State Treasury from State revenue funds in a fiscal year for which appropriations are made in the foregoing sections of this Act are to be less than the amount needed to pay in full the specific appropria-

TUESDAY, FEBRUARY 21, 1961

699

tions authorized, the Governor is authorized and is here by directed to make a pro rata reduction of the amount that each appropriation item provided for in the fore going sections of this Act is in excess of the actual oper ating budget allotment approved by the Budget Bureau for each respective item for the fiscal year. Said pro rate reduction shall be equal to the percentage that the total amount of the deficiency in the Treasury receipts in the fiscal year is to the amount that is the aggre gate total amount of the appropriations provided for in the foregoing sections of this Act is in excess of the ag gregate total of the actual operating budget allotments approved by the Governor, as Director of the Budget in the fiscal year.
The amounts of the appropriations so reduced as directed herein and as determined by the Governor shall cease to be an obligation of the State.
Provided, further, the Governor is hereby directed to economize wherever possible and in the event any part of the appropriations provided in the foregoing sections of this Act shall be in excess of the actual approved budget allotments for each fiscal year, the amounts so in excess as determined by the Governor shall cease to be an obligation of the State.

SECTION 50
All laws and parts of laws in conflict with the pro visions of this Act are hereby repealed.

The following Committee amendment to the Committee substitute was read and adopted:
The Committee of the Whole House moves to amend HB 90 by adding at the end of Section 37 a new paragraph which shall read as follows:
"Provided however, the Budget Bureau, composed of the Gov ernor and the State Auditor, shall be authorized to make available to the Revenue Department from the contingency and emergency appropriation, hereinafter provided for in Section 48, such funds as they shall from time to time determine to be necessary in order to implement a tax evaluation and equalization program among the several counties of the State."

An amendment by Mr. Floyd of Chattooga was read and lost.

An amendment by Mr. Howard of DeKalb was read and lost.
The Committee substitute, as amended by the Committee, was adopted.
The report of the Committee, which was favorable to the passage of the Bill by substitute, as amended, was agreed to.

700

JOURNAL OF THE HOUSE,

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.:

Abney Adams Akins Andrews of Stephens Andrews of Hall Arnsdorff Ballard Barber Barnett of Wilkes Barrett Baughman Birdsong Black Blalock Bolton Bowen of Randolph Bowen of Toombs Bozeman Brooks of Oglethorpe Brooks of Fulton Brown Busbee Bynum Caldwell Carswell Chance Chandler Clark of Catoosa Cloer Cocke Conner Cox Crawford Crowe Culpepper Davis Deen Dickey Dicus Dollar Dorminy Doster Duncan of Fannin Duncan of Carroll Dunn Echols Fleming Flexer Floyd Flynt Fordham

Fowler of Douglas Fowler of Treutlen Funk Fuqua Greene Hall of Lee Hall of Floyd Harrell Henderson Hill Hodges Horton Howard Hull Hurst Jernigan Johnson Joiner Jones of Liberty Jones of Worth Jones of Lumpkin Jones of Sumter Jordan Keadle Kelly Keyton Kidd Killian King Knight of Laurens Lane Lanier Lee Lewis Loggins Lokey Lovett Lowrey Mackay Massee Matthews of Clarke Matthews of Colquitt McCracken McCutchen McGarity Melton Milhollin Miller Mixon Moate Moore

Moorman Morgan Morris Mullis Murphy Newton Odom Otwell Paris Parker of Screven Parker of Ware Parker of Appling Farmer Payton Pelham Phillips of Columbia Phillips of Walton Phillips of Bibb Pickard Poole Potts Raulerson Ray Roberts Rodgers of Charlton Ross Rutland Sangster Scarborough Scoggin Shuman Simpson Sinclair Smith of Grady Smith of Brantley Smith of Fulton Smith of Whitfield Steis Story Strickland Stuckey Summers Tabb Tamplin Taylor of Dawson Taylor of Decatur Taylor of Bibb Teague Thornton Todd Tucker

TUESDAY, FEBRUARY 21, 1961

701

Twitty Undercofler Underwood of
Montgomery Vaughn Waldrop Walker of Lowndes

Walker of Telfair Ware Wells of Peach Wells of Oconee Wells of Camden White Wickham

Wilkes Williams of Coffee Williams of Hall Willingham Wilson Young

Those voting in the negative were Messrs.:

Budd Knight of Berrien NeSmith

Pannell Purcell Smith of Habersham

Stevens Woodward

Those not voting were Messrs.:

Barnett of Baker Boggs Boyett Brackin Branch Clarke of Monroe Coker Collins Fitzgerald

Hall of Floyd Killingsworth Kimmons Kirkland McClelland McDonald Moss Rogers of Paulding Roper

Rowland Sheffield Simmons Singer Underwood of Taylor Wilson Mr. Speaker

On the passage of the Bill, by substitute as amended, the ayes were 172, nays 8.

The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

Messrs. Hall of Floyd, Watson of Houston and Boyette of Whitfield asked that their vote be recorded as aye as they were called from the floor of the House to confer with constituents when the call of the roll was ordered.

The Speaker expressed his appreciation to the Appropriations Committee for their continued hard work on HB 90.

Mr. Twitty of Mitchell moved that the House do now adjourn until 10:30 o'clock a. m. tomorrow and the motion prevailed.

The Speaker announced the House adjourned until 10:30 o'clock a. m. tomorrow.

702

JOURNAL OP THE HOUSE,

Representative Hall, Atlanta, Georgia Wednesday, February 22, 1961

The House met pursuant to adjournment at 10:30 o'clock, A.M., this day and was called to order by the Speaker.

Prayer was offered by the Chaplain.

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

Mr. Black of Webster, Chairman of the Committee on Auditing, Enrolling, Engrossing and Journals reported that the Journal of the previous legislative day had been read and found to be correct.

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

The Journal was confirmed.

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Report of Standing Committees. 4. Second reading of Bills and Resolutions. 5. Third reading and passage of local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions.

Leave of absence was granted to Mr. Kimmons of Pierce for February 23 to February 27, 1961 due to illness.

Mr. Brooks of Fulton introduced Dot Kirby, the Womens Golf Champion from Georgia, and Pearl Prather, widow of Bert Prather, Sports Editor, and who is a sports editor in her own right.

Mr. Vaughn of Rockdale arose to a point of personal privilege and addressed the House.
By unanimous consent, the following Bills and Resolutions of the House were read the first time and referred to the Committees:
HB 542. By Mr. Smith of Habersham:
A Bill to be entitled an Act to amend an Act relating to admissions to the common schools of this State, so as to authorize the Board of Educa tion of any county, City or independent school district to regulate the attendance of married students in the public schools in this State; and for other purposes.
Referred to the Committee on Education.

WEDNESDAY, FEBRUARY 22, 1961

703

HB 543. By Messrs. Williams of Hall, Singer of Stewart, Matthews of Clarke, Andrews of Stephens, Barber of Jackson and Cox of Clarke:
A Bill to be entitled an Act to amend an Act entitled "Structural Pest Control Act," so as to repeal the provision limiting the licensing power of municipalities; and for other purposes.
Referred to the Committee on Agriculture.

HB 544. By Mr. Crawford of Chatham:
A Bill to be entitled an Act to amend an Act relating to the validation of bonds by county, municipal, or other political subdivisions, so as to provide for the procedure to be followed when said bond issues are au thorized by Resolution; and for other purposes.
Referred to the Committee on Judiciary.

Mr. Echols of Upson asked that HB 545 be engrossed.
The motion to engross prevailed and the Speaker ordered HB 545 engrossed.
HB 545. By Messrs. Echols of Upson and Paris of Barrow:
A Bill to be entitled an Act to provide that the physical presence of 864 fluid ounces of malt beverages in a public place of business not licensed to deal in such beverages shall be prima facie evidence of possession of such beverage for the purpose of sale; and for other purposes.
Referred to the Committee on Temperance.
HB 546. By Mr. Akins of Union:
A Bill to be entitled an Act to change the compensation of the Sheriff, the Ordinary, and the Clerk of the Superior Court of Union County from the fee system to the salary system; and for other purposes.
Referred to the Committee on Local Affairs.
HB 547. By Messrs. Andrews and Williams of Hall:
A Bill to he entitled an Act to amend the charter of the City of Gainesville with respect to dates for returning and paying ad valorem taxes in the City of Gainesville; and for other purposes.
Referred to the Committee on Local Affairs.
HB 548. By Messrs. Andrews and Williams of Hall:
A Bill to be entitled an Act to amend the Civil Service Act of 1960 for the City of Gainesville, by providing that applicants for positions as office employees in the Classified Service of the City may be between the ages of 18 and 35 rather than 21 and 35; and for other purposes.
Referred to the Committee on Local Affairs.
HB 549. By Messrs. Andrews and Williams of Hall:
A Bill to be entitled an Act to amend the charter of the City of Gaines ville, by changing the corporate limits by annexing thereto a portion of

704

JOURNAL OF THE HOUSE,

U. S. Highway No. 129 and property acquired and to be acquired by the City of Gainesville for public school purposes; and for other purposes.
Referred to the Committee on Local Affairs.

HB 550. By Mr. Mixon of Irwin:
A Bill to be entitled an Act to amend an Act to incorporate the City of Ocilla; and for other piirposes.
Referred to the Committee on Local Affairs.

HB 551. By Mr. Mixon of Irwin:
A Bill to be entitled an Act to amend an Act to incorporate the City of Ocilla relating to water and gas systems; and for other purposes.
Referred to the Committee on Local Affairs.

HB 552. By Messrs. Massee of Pulaski, Floyd of Chattooga, Shuman of Bryan, Vaughn of Rockdale, Teague of Cobb, Wickham of Muscogee and Sum mers of Crisp:
A Bill to be entitled an Act to provide for an increase in the salaries of teachers; and for other purposes.
HB 553. By Messrs. Taylor, Phillips and Thornton of Bibb:
A Bill to be entitled an Act authorizing the City of Macon, through its governing authority, to close for street purposes all that portion of the ten-foot alley known as Orange Street Lane in Square 82 of said city; and for other purposes.
Referred to the Committee on Local Affairs.
HB 554. By Messrs. Murphy of Haralson and Carswell of Wilkinson:
A Bill to be entitled an Act to amend an Act relating to the levy and exemptions therefrom of an income tax, so as to increase the tax rate on certain income brackets; to provide for a deduction in the computation of gross income of that amount paid for federal income taxes, or $800.00, whichever is smaller; and for other purposes.
Referred to the Committee on Ways and Means.
HB 555. By Messrs. Ware and Birdsong of Troup:
A Bill to be entitled an Act creating a new charter for the City of West Point; and for other purposes.
Referred to the Committee on Local Affairs.
HB 556. By Mr. Murphy of Haralson:
A Bill to be entitled an Act to amend an Act known as the "Used Car Dealers' Registration Act," so as to provide that said Act shall be appli cable in all counties having a population of not less than 14,500 nor more than 14,900; and for other purposes.
Referred to the Committee on Motor Vehicles.

WEDNESDAY, FEBRUARY 22, 1961

705

HB 557. By Messrs. Dicus, Pickard and Wickham of Muscogee:
A Bill to be entitled an Act to authorize the construction, establishment and maintenance of a law library and facilities in counties having a population of not less than 150,000 nor more than 175,000, for the use of judges, solicitors, and other officers of the courts of said counties; and for other purposes.
Referred to the Committee on Local Affairs.

HB 558. By Mr. NeSmith of Meriwether:
A Bill to be entitled an Act to amend an Act incorporating the City of Manchester; to annex certain territory to the corporate limits; and for other purposes.
Referred to the Committee on Local Affairs.

HB 559. By Mr. Phillips of Walton:
A Bill to be entitled an Act to amend the charter of the City of Monroe, so as to provide for a Board of Police Commissioners; and for other pur poses.
Referred to the Committee on Local Affairs.

HB 560. By Messrs. Barber of Jackson, Jernigan of Clinch, Hall of Floyd, and others:
A Bill to be entitled an Act to amend an Act establishing a retirement system for teachers in the State public schools and other State supported schools, so as to change the provisions for optional service retirement benefits; to change the method of computing a member's service retire ment allowance; to change the amount deducted from member's earnable compensation; to change the per centum contribution of the employer; and for other purposes.
Referred to the Committee on Education.

HB 561. By Messrs. Doster of Wilcox and Roper of Greene:
A Bill to be entitled an Act to provide for a tax on soft drinks and soft drink syrup; to provide for definitions; to provide the amount and pro cedure relative to such tax; to provide for permits; to provide for tax liens; and for other purposes.
Referred to the Committee on Ways and Means.

HB 562. By Messrs. Loggins and Floyd of Chattooga:
A Bill to be entitled an Act to amend the City Court of Chattooga Coun ty and create the Office of City Court Solicitor in said County; and for other purposes.
Referred to the Committee on Local Affairs.

HB 563. By Messrs. Loggins and Floyd of Chattooga:
A Bill to be entitled an Act to amend an Act to incorporate the Town of Menlo, in the County of Chattooga; and for other purposes.
Referred to the Committee on Local Affairs.

706

JOURNAL OP THE HOUSE,

HB 564. By Messrs. Floyd and Logging of Chattooga:
A Bill to be entitled an Act to consolidate all of the Laws chartering the City of Summerville; and for other purposes.
Referred to the Committee on Local Affairs.

HB 565. By Messrs. Lee and Blalock of Clayton:
A Bill to be entitled an Act to amend an Act incorporating the Town of Forest Park, now City of Forest Park; and for other purposes.
Referred to the Committee on Local Affairs.

HB 566. By Messrs. Lee and Blalock of Clayton:
A Bill to be entitled an Act to amend an Act incorporating the City of Morrow; and for other purposes.
Referred to the Committee on Local Affairs.

HB 567. By Messrs. Chandler and Kidd of Baldwin:
A Bill to be entitled an Act to provide for a five year moratorium on the collection of income taxes for certain corporations; and for other pur poses.
Referred to the Committee on Ways and Means.

HB 568. By Messrs. Jernigan of Clinch and Hall of Floyd:
A Bill to be entitled an Act to amend an Act known as the "Minimum Foundation Program of Education," so as to provide that any and all increases in teachers' salaries shall be borne proportionately from state and local funds; and for other purposes.
Referred to the Committee on Education.

HB 569. By Messrs. Raulerson of Echols, Jernigan of Clinch and Moorman of Lanier:
A Bill to be entitled an Act to amend an Act relating to honey bees, so as to authorize the payment of indemnity for colonies of bees destroyed in the eradication of fowlbrood; and for other purposes.
Referred to the Committee on Agriculture.

HB 570. By Mr. Underwood of Montgomery:
A Bill to be entitled an Act authorizing and directing the Chairman of the State Highway Board or other official to charge and collect fees and issue special permits for the operation of motor vehicles whose dimen sions or weight exceed the limits prescribed by law; and for other pur poses.
Referred to the Committee on State of Republic.

WEDNESDAY, FEBRUARY 22, 1961

707

HB 571. By Messrs. Rutland, Howard and Mackay of DeKalb:
A Bill to be entitled an Act to amend an Act relating to Coroners in certain counties; and for other purposes.
Referred to the Committee on Local Affairs.

HR 180-571. By Mr. McCutchen of Gilmer:
A Resolution authorizing and directing the State Librarian to furnish certain law books for the Clerk of the Superior Court of Gilmer County; and for other purposes.
Referred to the Committee on Local Affairs.
HR 181-571. By Mr. Matthews of Clarke:
A Resolution to compensate A. L. Dixon, Jr.; and for other purposes. (State Forestry Dept.)
Referred to the Committee on Appropriations.
HR 182-571. By Mr. Wells of Camden:
A Resolution relative to the Bridge over the St. Marys River on U. S. Highway No. 17; and for other purposes.
Referred to the Committee on Highways.
HR 183-571. By Mr. Matthews of Clarke:
A Resolution to compensate F. Ford Millikan; and for other purposes. (State Highway Dept.)
Referred to the Committee on Appropriations.
HR 184-571. By Messrs. McClelland, Smith and Brooks of Fulton, Mackay, How ard and Rutland of DeKalb: A Resolution providing for a Commission to study and investigate the laws, rules, regulations and procedures of the several courts having territorial jurisdiction of civil action and criminal offenses in the City of Atlanta and in Fulton County below the grade of the Superior Court; and for other purposes.
Referred to the Committee on Local Affairs.
HB 572. By Mr. Brooks of Oglethorpe: A Bill to be entitled an Act to amend an Act creating the Office of Com missioner of Roads and Revenues for Oglethorpe County; and for other purposes.
Referred to the Committee on Local Affairs.
HB 573. By Mr. Morris of Tift: A Bill to be entitled an Act to change the compensation of the tax com missioner of Tift County from the fee system to the salary system; and for other purposes.
Referred to the Committee on Local Affairs.

708

JOURNAL OF THE HOUSE,

HB 574. By Mr. Morris of Tift:
A Bill to be entitled an Act to change the compensation of the Sheriff, the Ordinary, the Clerk of the Superior Court of Tift County from the fee system to the salary system; and for other purposes.
Referred to the Committee on Local Affairs.

HR 185-574. By Mr. Bynum of Rabun:
A Resolution designating the Paul A. Green Bridge; and for other pur poses.
Referred to the Committee on Local Affairs.

HB 575. By Mr McGarity of Henry:
A Bill to be entitled an Act to create the Henry County Water Author ity; and for other purposes.
Referred to the Committee on Local Affairs.
HB 576. By Mr. McGarity of Henry:
A Bill to be entitled an Act to amend an Act incorporating the City of Hampton (formerly Town of Hampton) ; and for other purposes.
Referred to the Committee on Local Affairs.
HB 577. By Mr. McGarity of Henry:
A Bill to be entitled an Act to protect the health and safety of the resi dents of Henry County being outside the corporate limits of municipali ties; to authorize the governing authorities of Henry County to make, adopt, amend, and repeal building, housing, electrical, plumbing, gas and other similar codes, including all necessary rules and regulations pertaining to such codes; and for other purposes.
Referred to the Committee on Local Affairs.
HR 186-577. By Mr. Morgan of Gwinnett:
A Resolution to compensate V. H. Puckett; and for other purposes. (Dept. of Corrections)
Referred to the Committee on Appropriations.
HB 578. By Messrs. Story and Morgan of Gwinnett:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Norcross, so as to extend the Corporate limits; and for other purposes. Referred to the Committee on Local Affairs.
HB 579. By Messrs. Story and Morgan of Gwinnett:
A Bill to be entitled an Act to amend an Act creating the Office of Tax Commissioner of Gwinnett County; and for other purposes.
Referred to the Committee on Local Affairs.

WEDNESDAY, FEBRUARY 22, 1961

709

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

HB 512. By Messrs. Waldrop and Duncan of Carroll:
A Bill to be entitled an Act to amend an Act creating and adopting a new charter for the Town of Temple; and for other purposes.

HB 513. By Mr. Singer of Stewart:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Lumpkin, so as to change the corporate limits of said City; and for other purposes.

HB 514. By Messrs. Twitty of Mitchell, Hall of Floyd, McCracken of Jefferson, Cox of Clarke, Phillips of Columbia, McCutchen of Gilmer and others:
A Bill to be entitled an Act to authorize the State Personnel Board to provide a Health Insurance Plan for employees of the State of Georgia; and for other purposes.

HB 515. By Messrs. Williams and Andrews of Hall:
A Bill to be entitled an Act to amend an Act relating to election pre cincts; and for other purposes.

HB 516. By Messrs. Dollar and Taylor of Decatur:

:

A Bill to be entitled an Act to amend an Act relating to the compensa tion of the Treasurer of Decatur County; and for other purposes.

HB 517. By Messrs. McClelland, Brooks and Smith of Fulton:
A Bill to be entitled an Act to amend an Act providing that cities hav ing a population of more than 150,000 shall furnish pensions to officers and employees of such cities; and for other purposes.

HB 518. By Messrs. McClelland, Brooks and Smith of Fulton:
A Bill to be entitled an Act to amend an Act providing a system of pen sions and other benefits for members of paid fire departments in cities having a population of more than 150,000; and for other purposes.

HB 519. By Messrs. Smith and Boyett of Whitfield:
A Bill to be entitled an Act to amend an Act amending the charter of the City of Dalton, by incorporating in said city all of the lands and territory located in land lot No. 234 and certain parts of Land Lots Nos. 222, 223, and 235 in the 12th district and 3rd section of Whitfield Coun ty; and for other purposes.

HB 520. By Messrs. Crawford, Funk and Dickey of Chatham:
A Bill to be entitled an Act to amend an Act relating to the Game and Fish Commission, so as to provide that the provisions relating to hold ing an election for opening sounds shall not apply to certain counties; and for other purposes.

710

JOURNAL OF THE HOUSE,

HB 521. By Messrs. Willingham, Wilson and Teague of Cobb:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Acworth, so as to extend the present corporate limits of said city to include therein certain territory in the County of Cobb con tiguous and adjacent to the north and east boundaries thereof; and for Other purposes.

HB 522. By Messrs. Willingham, Teague and Wilson of Cobb:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Smyrna, so as to increase the corporate limits; and for other purposes.
HB 523. By Messrs. Willingham, Wilson and Teague of Cobb:
A Bill to be entitled an Act to amend an Act incorporating the City of Powder Springs, so as to change the corporate limits; and for other pur poses.

HB 524. By Mr. Willingham of Cobb:
A Bill to be entitled an Act to provide an appropriation, pursuant to the provisions of Sections 9 and 13 of the Employment Security Law to the Department of Labor; and for other purposes.

HB 525. By Messrs. Fleming, Fuqua and Hull of Richmond:
A Bill to be entitled an Act to provide an additional compensation for the Solicitor General of certain judicial circuits, payable by certain counties in addition to the salary paid to him by the State; and for other purposes.

HB 526. By Messrs. Fleming, Hull and Fuqua of Richmond:
A Bill to be entitled an Act to amend an Act to establish the City Court of Richmond County; and for other purposes.

HB 527. By Messrs. Fleming, Hull and Fuqua of Richmond:
A Bill to be entitled an Act to revise, consolidate and clarify the laws relating to the Municipal Court of the City of Augusta; and for other purposes.

HB 528. By Messrs. Hull, Fleming and Fuqua of Richmond:
A Bill to be entitled an Act to change from the fee to the salary system in certain counties having a population of not less than 135,000 the Clerk of the Superior Court, the Sheriff, the Ordinary, the Tax Collec tor, the Tax Receiver and Treasurer; and for other purposes.

HB 529. By Messrs. Fleming, Hull and Fuqua of Richmond:
A Bill to be entitled an Act to repeal an Act entitled "An Act to incor porate the village of Nellieville, in the County of Richmond"; and for other purposes.

WEDNESDAY, FEBRUARY 22, 1961

711

HB 530. By Messrs. Fleming, Hull and Fuqua of Richmond:
A Bill to be entitled an Act to provide for the appointment of a first assistant solicitor-general, a second assistant solicitor-general and two stenographer-clerks in the office of the solicitor-general in counties hav ing a certain population; and for other purposes.

HB 531. By Messrs. Fleming, Hull and Fuqua of Richmond:
A Bill to be entitled an Act to provide that the coroner in certain coun ties shall be paid a salary in lieu of the fees allowed by law; and for other purposes.

HB 532. By Messrs. Fleming, Hull and Fuqua of Richmond:
A Bill to be entitled an Act to provide for the appointment of a secre tary to serve the judges of the City courts in certain counties; and for other purposes.
HB 533. By Mr. Caldwell of Upson:
A Bill to be entitled an Act to allow the condemnation of abandoned or unclaimed vehicles in the possession of law enforcement officers; to establish a procedure for condemnation and sale of such vehicles; and for other purposes.
HB 534. By Mr. Caldwell of Upson:
A Bill to be entitled an Act to give operators of places of business for garaging, repairing, parking, or storing vehicles for the public a special miscellaneous possessory lien for reasonable garaging, parking, or stor ing charges that accrue against unclaimed vehicles for a specifically limited period of time; and for other purposes.
HB 535. By Messrs. Andrews of Hall, Thornton of Bibb, Odom of Dougherty, Steis of Harris, Flynt of Taliaferro, Tucker of Burke and others:.
A Bill to be entitled an Act to amend an Act reorganizing the State Department of Law and relating to the appointment of Assistant Attor ney-Generals; and for other purposes.
HB 536. By Mr. McGarity of Henry:
A Bill to be entitled an Act to amend an Act relating to eligibility and qualifications for holding public office, so as to change one provision thereof; and for other purposes.
HB 537. By Messrs. Brooks of Fulton and Hall of Floyd:
A Bill to be entitled an Act authorizing the State Department of Edu cation on behalf of the State of Georgia to lease for periods up to 4 years State owned property which is controlled and held by the State Board of Education for its own use to County School boards, City Boards, etc.; and for other purposes.
HB 538. By Messrs. Pickard, Wickham and Dicus of Muscogee:
A Bill to be entitled an Act vesting in the City of Columbus fee simple title to a certain tract of land in said City; and for other purposes.

712

JOURNAL OF THE HOUSE,

HR 173-538. By Messrs. Smith and Boyett of Whitfield:
A Resolution to compensate Mr. Sherman C. Burgess; and for other purposes. (Georgia Historical Commission)

HR 174-538. By Mr. Crawford of Chatham:
A Resolution to compensate Ben Howard, Jr.; and for other purposes. (Highway Dept.)
HR 175-538. By Messrs. Hall of Ployd, Greene and Crowe of Bartow:
A Resolution to compensate H. S. Mahan, Jr.; and for other purposes. (State Highway Dept.)
HR 176-538. By Mr. Jones of Liberty:
A Resolution authorizing the conveyance of certain land in Liberty County; and for other purposes.
HR 177-538. By Messrs. Jones and Undercofler of Sumter:
A Resolution providing for the exchange of certain State Highway De partment right-of-way property for access and other rights of Mr. Charles H. Wheatley in Sumter County; and for other purposes.
HB 539. By Mr. Twitty of Mitchell:
A Bill to be entitled an Act to amend an Act relating to the levy, assess ment and collection of income taxes imposed thereunder; to provide an election to defined small business corporations as to their taxable status along the lines of sub-chapter S of the U.S.I.R.C.; to provide an allow ance for deduction of taxes and interest paid to cooperative housing corporations along the lines of Section 216 of the U.S.I.R.C.; and for other purposes.
HB 540. By Messrs. McCutchen of Gilmer and Farmer of Heard:
A Bill to be entitled an Act to amend an Act creating the office of Geor gia Safety Fire Commissioner, so as to authorize the collection of a fee for issuing Permits to purchase explosives; and for other purposes.
HB 541. 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, so as to authorize the City of Cordele to close and sell a certain alley; and for other purposes.
HR 178-541. By Messrs. Story and Morgan of Gwinnett:
A Resolution authorizing and directing the State Librarian to furnish certain law books to the Judge of Superior Court of the Gwinnett Judi cial Circuit; and for other purposes.
HR 179-541. By Messrs. Story and Morgan of Gwinnett:
A Resolution authorizing and directing the State Librarian to furnish certain law books to the Clerk of the Superior Court and the Ordinary of Gwinnett County; and for other purposes.

WEDNESDAY, FEBRUARY 22, 1961

713

The following report of the Committee on Rules was read and adopted: Mr. Speaker:
Your Committee on Rules met and fixed the calendar for today's business, Wednesday, February 22, 1961, and submits the following:
1. HR 22-39. Members of General Assembly, term 2. HB 25. School district, financial assistance 3. HB 211. Salary garnished, employees State, County P.P. 2/21/61 4. HB 221. State Hospital, retirement fund 5. HB 254. Trust estates, create 6. HB 290. Liability of insurers, attorney's fees 7. HB 292. Power of eminent domain, procedure 8. HB 316. Collection Agencies, licensing 9. HB 348. Collection of taxes, non residents 10. HB 359. Recording of maps, regulate 11. HB 387. Ordinaries' Retirement Fund, amend 12. HB 433. Georgia Agricultural Commodities Promotion Act
Respectfully submitted,
Twitty of Mitchell, Vice-Chairman.
Undercofler of Sumter, Secretary.

Mr. Steis of Harris County, Chairman of the Committee on Defense and Vet erans Affairs, submitted the following report:
Mr. Speaker:
Your Committee on Defense and Veterans Affairs has had under considera tion the following Bill of the House and has instructed me, as Chairman, to report the same back to the House with the following recommendation:

HB 360. Do Pass.

Respectfully submitted,

Steis of Harris, Chairman.

Mr. Busbee of Dougherty County, Chairman of the Committee on Judiciary, submitted the following report:
Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bill

714

JOURNAL OP THE HOUSE,

of the House and has instructed me, as Chairman, to report the same back to the House with the following recommendation:
HB 198. Do Pass, by Substitute.
Respectfully submitted,
Busbee of Dougherty, Chairman.

Mr. Underwood of Montgomery 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 recommendation:
HB 502. Do Pass.
Respectfully submitted,
Underwood of Montgomery, Chairman.

Mr. Twitty of Mitchell County, Vice-Chairman of the Committee on Rules, submitted the following report:
Mr. Speaker:
Your Committee on Rules has had under consideration the following Bills of the Senate and has instructed me, as Vice-Chairman, to report the same back to the House with the following recommendations:
SB 3. Do Pass.
SB 4. Do Pass.
SB 11. Do Pass.
Respectfully submitted,
Twitty of Mitchell, Vice-Chairman.

Mr. Bolton of Spalding County, Chairman of the Committee on Special Judi ciary, submitted the following report:
Mr. Speaker:
Your Committee on Special Judiciary has had under consideration the fol lowing Bills of the Senate and has instructed me, as Chairman, to report the same back to the House with the following recommendations:
SB 64. Do Pass.
SB 53. Do Pass.
Respectfully submitted,
Bolton of Spalding, Chairman.

WEDNESDAY, FEBRUARY 22, 1961

715

Mr. McCracken of Jefferson County, Chairman of the Committee on State of Republic, submitted the following report:
Mr. Speaker:
Your Committee on State of Republic has had under consideration the follow ing Bills of the House and Senate and has instructed me, as Chairman, to report the same back to the House with the following recommendations:

HB 535. Do Pass.

SB 38. Do Pass.

HB 491. Do Pass.

HB 377. Do Pass.

HB 514. Do Pass.

HB 494. Do Pass.

HB 429. Do Pass.

Respectfully submitted,

McCracken of Jefferson, Chairman.

The following- message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following Bills and Resolution of the House, to wit:
HB 36. By Mr. Smith of Emanuel:
A Bill to abolish the State Housing Authority Board; to repeal all laws creating and establishing the State Housing Authority Board and Office of State Director of Housing; to validate acts of public officers; and for other purposes.
HB 39. By Messrs. Phillips and Taylor of Bibb:
A Bill to amend an Act creating the Department of Public Safety, so as to provide that "learner's Operator's and Chauffeur's licenses shall ex pire on the birthdate of the holder thereof"; and for other purposes.
HB 88. By Messrs. Crawford, Dickey and Funk of Chatham:
A Bill to amend an Act providing for the use of voting machines in cer tain counties, so as to provide that the name of any unopposed candi date in a political party primary may be omitted from the ballot used in the voting machine, and such unopposed candidate shall be declared to have received the total number of votes cast in such voting machine; and for other purposes.

716

JOURNAL OF THE HOUSE,

HB 94. By Messrs. Bolton and Melton of Spalding:
A Bill to amend an Act creating a Department of Public Safety, so as to change the punishment for operating a motor vehicle when a learner's, special learner's, operator's, or chauffeur's license is suspended, can celled or revoked; and for other purposes.

HB 235. By Messrs. Crawford, Dickey and Funk of Chatham:
A Bill to establish a Local Government Commission in Savannah and Chatham County; and for other purposes.

HB 256. By Mr. Murphy of Haralson:
A Bill to empower the City of Bremen to grant franchises and rights of way in the public streets in the said City to utility corporations; and for other purposes.

HB 260. By Messrs. Willingham of Cobb, Teague and Wilson of Cobb:
A Bill to amend an Act providing for an additional Judge of the Su perior Court of the Cobb Judicial Circuit, approved February 16, 1960 (Ga. Laws 1960, p. 121), so as to provide that said additional Judge shall receive the same compensation, salary, expenses and allowances as the other Judge of said Circuit; and for other purposes.

HB 262. By Mr. Joiner of Washington:
A Bill to amend an Act creating the City charter of Sandersville, so as to change the corporate limits; and for other purposes.

HB 264. By Mr. Smith of Emanuel:
A Bill to amend an Act relating to the incorporation of the City of Swainsboro, so as to provide for a change in the hours for voting in elections; and for other purposes.

HB 265. By Mr. Dorminy of Ben Hill:
A Bill to amend an Act, so as to provide that if the first Monday in a month falls on a legal holiday, the Courts of Ordinary do not have to convene until the following day; and for other purposes.

HB 266. By Mr. Dorminy of Ben Hill:
A Bill to amend an Act so as to provide that if the fixed time for hold ing a Justice of the Peace Court should happen to fall on a legal holiday, then the day following would be considered the regular court day; and for other purposes.

HB 273. By Messrs. Dicus, Pickard and Wickham of Muscogee:
A Bill to amend the charter of the City of Columbus; and for other purposes.

WEDNESDAY, FEBRUARY 22, 1961

717

HB 276. By Messrs. Dicus, Pickard and Wickham of Muscogee:
A Bill to amend an Act relating to certain public lands in the City of Columbus; and for other purposes.

HB 277. By Messrs. Hill and NeSmith of Meriwether:
A Bill to amend an Act creating a Board of County Commissioners for the County of Meriwether; and for other purposes.

HB 278. By Messrs. NeSmith and Hill of Meriwether:
A Bill to amend an Act consolidating the offices of Tax-Receiver and Tax-Collector of Meriwether County; and for other purposes.

HB 279. By Messrs. Hill and NeSmith of Meriwether:
A Bill to amend an Act, so as to provide that in certain counties if the tax collector or tax commissioner is on a salary the commissions pro vided for collecting certain taxes shall be paid to the county and shall be county funds; and for other purposes.

HB 280. By Messrs. NeSmith and Hill of Meriwether:
A Bill to place the compensation of the Sheriff, the Clerk of the Su perior Court, the Ordinary and the Coroner of Meriwether County on a salary basis in lieu of a fee basis; and for other purposes.

HB 281. By Messrs. Hill and NeSmith of Meriwether:
A Bill to abolish the office of Treasurer of Meriwether County; to pro vide for depositories for the deposit of County funds; and for other purposes.

HB 288. By Messrs. Moore and Adams of Polk:
A Bill to amend an Act creating a new charter for the City of Cedartown, so as to extend the corporate limits of said City so as to annex certain areas now outside said corporate limits; and for other purposes.

HB 295. By Mr. Pannell of Murray:
A Bill to amend an Act granting a new charter for the City of Spring Place, so as to provide that an ad valorem tax, not to exceed five mills, may be levied; and for other purposes.

HB 298. By Messrs. Hall, Scoggin and Lowrey of Floyd:
A Bill to amend an Act entitled "Rome Judicial Circuit," by increasing the salary of the Assistant Solicitor General; and for other purposes.

HB 299. By Mr. Hall of Floyd:
A Bill to amend an Act creating a new charter for the City of Rome, relating to the salary of the members of the Rome City Commission; and for other purposes.

718

JOURNAL OF THE HOUSE,

HB 300. By Messrs. Hall, Scoggin and Lowrey of Floyd:
A Bill to amend an Act entitled "City Court of Floyd County," by in creasing the salary of the Judge of the City Court of Floyd County and for other purposes.
HB 301. By Messrs. Mackay, Rutland and Howard of DeKalb:
A Bill to amend an Act so as to provide that in certain counties the Commissioner of Roads and Revenues or other governing authority shall pay the actual cost of feeding prisoners in lieu of paying fees to the Sheriff or his appointed jailer for dieting such prisoners; and for other purposes.
HB 302. By Messrs. Mackay, Rutland and Howard of DeKalb:
A Bill to amend an Act requiring jury commissioners in counties having a population of not less than 120,000 and not more than 145,000, in all future registers of the traverse jury list to place all tickets containing the names of traverse jurors in one box for the use of superior courts; and for other purposes.
HB 303. By Messrs. Mackay, Rutland and Howard of DeKalb:
A Bill to amend an Act to provide that the governing authorities of cer tain counties may charge for inspections, require permits and to set up a code and provide rules and regulations for the installations of heating and air conditioning in said counties; and for other purposes.
HB 304. By Messrs. Mackay, Howard and Rutland of DeKalb:
A Bill to amend an Act to provide that the governing authorities of certain counties may charge for inspections, require permits, set up a code, and provide rules and regulations for the installations of plumbing in said counties: and for other purposes.
HB 305. By Messrs. Mackay, Howard and Rutland of DeKalb:
A Bill to amend an Act which authorized any counties in this State having a population of not less than 85,000 and not more than 100,000, to provide through a cadastral survey, a field book system for real prop erty identification and evaluation; and for other purposes.
HB 306. By Messrs. Mackay, Rutland and Howard of DeKalb:
A Bill to amend an Act providing for exemption of taxation to the owner of personal property in certain counties; and for other purposes.

HB 307. By Messrs. Mackay, Rutland and Howard of DeKalb:
A Bill to amend an Act to require the boards of jury commissioners in certain counties, to place on the jury lists of said counties the names of not less than 10,000 upright and intelligent men to serve as jurors in all the courts of such counties, and to select intelligent, and upright men to serve as grand jurors; and for other purposes.
HB 308. By Messrs. Mackay, Rutland and Howard of DeKalb:
A Bill to amend an Act which provides for supplementing the funds of

WEDNESDAY, FEBRUARY 22, 1961

719

the County Board of Education in certain counties; and for other pur poses.

HB 309. By Messrs. Mackay, Rutland and Howard of DeKalb:
A Bill to amend an Act providing a uniform County Commissioners' Law in certain counties; and for other purposes.

HB 311. By Messrs. Mackay, Rutland and Howard of DeKalb:
A Bill to amend an Act to fix the compensation of Commissioners of Roads and Revenues in certain counties; and for other purposes.

HB 312. By Messrs. Mackay, Rutland and Howard of DeKalb:
A Bill to repeal an Act relating to the position of the Chief of Police in certain counties; and for other purposes.

HB 313. By Messrs. Mackay, Howard and Rutland of DeKalb:
A Bill to amend an Act creating a Purchasing Department in counties having a population of 200,000 or more; and for other purposes.

HB 314. By Messrs. Mackay, Howard and Rutland of DeKalb:
A Bill to repeal an Act providing for the fees of Coroners, Constables and Jurors in certain counties; and for other purposes.

HB 315. By Messrs. Mackay, Rutland and Howard of DeKalb:
A Bill to repeal an Act authorizing the payment of pensions to county employees and officers, including county police but not elected officials in certain counties; and for other purposes.

HB 319. By Mr. Undercofler of Sumter:
A Bill to fix and adjust the compensation for the members of the Board of Commissioners of Roads and Revenue of Sumter County; and for other purposes.

HB 320. By Mr. Ross of Lincoln:
A Bill to amend an Act providing the tax receiver in certain counties a percentage of the ad valorem school taxes collected by said official, so as to change the population and census figures; and for other purposes.

HR 90-269. By Messrs. Willingham, Teague and Wilson of Cobb:
A Resolution authorizing and directing the State Librarian to furnish certain law books for the Cobb Judicial Circuit; and for other purposes.

The Senate has passed, as amended, by the requisite constitutional majority the following Bills of the House, to wit:

720

JOURNAL OF THE HOUSE,

HB 116. By Messrs. Crawford, Dickey and Funk of Chatham:
A Bill to amend an Act creating the Savannah District Authority (for merly the Savannah Port Authority for the harbor and port of Savan nah), approved August 7, 1925 (Ga. Laws 1925, p. 145), as amended so as to provide that the members of said authority shall not succeed them selves in office; and for other purposes.

HB 237. By Messrs. Crawford, Funk and Dickey of Chatham:
A Bill amending an Act creating and establishing the Municipal Court of Savannah; and for other purposes.

The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following Bills of the Senate, to wit:
SB 23. By Senator Brown of the 52nd:
A Bill to repeal an Act governing the admission of students to the Uni versity of Georgia and all of its branches as to age; to declare excep tions thereto; to repeal conflicting laws; and for other purposes.
SB 78. By Senator Conger of the 8th:
A Bill creating the Georgia Milk Commission, defining membership, duties, and powers thereof; regulate sale of milk, Act approved March 30, 1937 (Ga. Laws 1937, p. 247), as amended, so as to provide that a licensee may contract for sale of milk to any school or institution sup ported by public funds; repeal conflicting laws; and for other purposes.
SB 95. By Senator Blalock of the 36th:
A Bill making it a misdemeanor for any person, partners of a partner ship, or officers of a corporation, engaged in the undertaking business to allow the interment of any jewelry with a deceased person without obtaining a written release from the next of kin for such jewelry's inter ment; to repeal conflicting laws; and for other purposes.

SB 108. By Senator Brown of the 52nd:
A Bill to permit boards of education in counties having a population of more than 500,000 to use the form of condemnation procedure permitted by an Act approved March 13, 1957 (Ga. L. 1957, p. 387), as amended; repeal conflicting laws; and for other purposes.

SB 109. By Senator Brown of the 52nd:
A Bill to amend an Act entitled "An Act to create a civil service board in Fulton County to provide for the appointment and removal of mem bers of said board and their qualifications, term of office, and salaries; and for other purposes, so as to provide a complete merit system for Fulton County"; and for other purposes.

WEDNESDAY, FEBRUARY 22, 1961

721

SB 111. By Senator Raynor of the 4th:
A Bill to amend an Act entitled "An Act to create and establish a new charter for the City of Folkston in the County of Charlton, State of Georgia; to increase, enlarge, and define the incorporate limits thereof; to declare the rights, powers, privileges of said corporation; and for other purposes"; and for other purposes.

SB 113. By Senator Grayson of the 1st:
A Bill to amend the Charter of the Mayor and Aldermen of the City of Savannah and the several Acts amendatory thereto, by submitting to the qualified voters of the City of Savannah, in a referendum election; and for other purposes.

SB 92. By Senators Jackson of the 24th and Whisnant of the 25th:
A Bill to he known as the Georgia Professional Service and Association Act"; and for other purposes.

SB 107. By Senator Brown of the 52nd:
A Bill to authorize and make lawful the investment of funds of county boards of education in counties having a population of more than 500,000; to define the circumstances under which the same may be invested and for what purpose held; to repeal conflicting laws; and for other purposes.

SB 63. By Senator Smalley of the 26th:
A Bill to amend Code Chapter 92-57, containing miscellaneous provi sions relating to return, assessment, and collection of taxes, so as to add a new Section to be known as Code Section 92-5713; provide for pay ment of real property taxes by owner or transferee on property and release of tax liens; repeal conflicting laws; and for other purposes.

By unanimous consent, the following Bills of the House were taken up for the purpose of considering the Senate amendments thereto:

HB 245. By Messrs. Crawford, Dickey and Funk of Chatham:
A Bill incorporating the Mayor and Aldermen of the City of Savannah; and for other purposes.

The following Senate amendment was read:
Senator Grayson of the 1st District moves to amend HB 245 as follows:
By striking Section 1 of said Bill in its entirety and inserting in lieu thereof a new section to be known as Section 1 and to read as follows:
Section 1. That from and after the passage of this Act and in conformity with the results of a referendum election hereinafter called the city limits of the City of Savannah known as the 'Mayor and Aldermen of the City of Savannah' shall, in addition to all the

722

JOURNAL OP THE HOUSE,

territory, land and improvements included in the corporate limits of the City of Savannah as of December 31, 1959, shall be extended to include the territory, land and improvements bounded on the North, East and West by the corporate limits of the City of Savannah as they existed December 31, 1959 and including all the territory, land, and improvements located within the following described boun daries :
"Beginning at a point on the present city limits line which point is the intersection of the west right-of-way line of Skidaway Road with the projection of the south right-of-way line of the Thunderbolt Shell Road; thence in an easterly direction along said south right-of-way line of Thunderbolt Shell Road to its intersec tion with the west right-of-way of Placentia Canal; thence south erly along said west line of Placentia Canal to its intersection with the west right-of-way line of LaRoche Avenue; thence in a south easterly direction along said west right-of-way of LaRoche Avenue to its intersection with the west right-of-way line Jasmine Avenue; thence south westerly along said west line of Jasmine Avenue to its intersection with the south right-of-way line of Bonna Bella Ave nue; thence in a southerly direction along the west right-of-way line of the Old Thunderbolt-Sandfly Railway known as Howard Foss Drive to its intersection with the projection of the North right-of-way line of Intermediate Road; thence in a westerly direc tion along said projection and the north right-of-way line of Inter mediate Road to its intersection with the west right-of-way line of Skidaway Road; thence continuing along the north right-of-way line of Intermediate Road to its intersection with the east right-ofway line of Waters Road; thence in a northerly direction along said east right-of-way line of Waters Road to its intersection with a projection of the North right-of-way line of Stephenson Avenue; thence in a westerly direction along said projection and the north right-of-way line of Stephenson Avenue to its intersection with the east right-of-way line of White Bluff Road; thence continuing in a westerly direction along a projection of the north right-of-way of Stephenson Avenue to its intersection with the east right-of-way line of Atlantic Coast Line Railroad; thence in a north easterly direction along said east right-of-way of Atlantic Coast Line Rail road to its intersection with the present city limits."
By amending Section II thereof by adding to the end of Section II the following:
"Provided, however, that any person, firm or corporation who subsequently assumed the cost of installation in whole or in part shall be entitled to issuance of tax credits pro rata, said tax credits may be used by the holder thereof in payment of real or personal property taxes due the City of Savannah."
By amending Section V by striking the same in its asitirety and inserting in lieu thereof the following to be known as Section V:
Section V. No real or personal property within the area here inbefore described shall be subject to taxation until such time that the owner of any real property in said area has first been furnished with all the following services: water at the same rates as it is fur nished to other residents of the city, sewage, garbage disposal, fire protection, police protection, and city street lighting.

WEDNESDAY, FEBRUARY 22, 1961

723

By amending said Bill by striking in their entirety, Section VI, Sec tion VIII, and Section IX of said Bill.
By amending Section XI by striking said Section in its entirety and inserting in lieu thereof a new Section to be known as Section XI:
Section XI. A referendum election shall be held on the 19th day of April, 1961 and it shall be the duty of the Ordinary of Chat ham County to issue the call for said election by publishing in the newspaper in which the Sheriff's advertisements are carried a no tice to the public giving the date and purpose of said election once a week for two weeks prior to the date of said election for the pur pose of submitting this Act to the voters within the present cor porate limits of the City of Savannah and to the voters within the proposed annexed area hereinbefore described for the purpose of submitting this Act for their approval or rejection. Said election shall be held at the expense of the Mayor and Aldermen of the City of Savannah. The ballot and/or voting machine used in said election shall be written or printed thereon the words
"For Annexation"
and
shall also display the words written or printed
"Against Annexation."
All persons desiring to vote in favor of the Act shall vote for an nexation and those persons desiring to vote rejection of the Act shall vote against annexation. A separate tabulation of the votes cast in the incorporated area and in the area proposed to be an nexed shall be made and a simple majority of the votes cast in each of said areas shall constitute its approval or rejection. If a majority in either area vote against annexation, this Act shall be rendered null and void. If a majority in both areas vote for annexation, the provisions of this Act shall become of full force and effect upon the filing by the Ordinary of a certification of the results of said elec tion to the Secretary of the State of Georgia.

Mr. Crawford of Chatham moved that the House disagree to the Senate amendment, and the motion prevailed.

HB 67. By Messrs. Scoggin of Floyd, Brooks of Fulton, Matthews of Clarke and others:
A Bill known as the "Georgia Drug and Cosmetic Act," to regulate the sale, manufacture, distribution of cosmetics, drugs and related items; and for other purposes.

The following Senate amendments were read:
The Senate Committee on Health and Welfare moves to amend HB 67 as follows:
By adding in the title before the words "to repeal conflicting laws," the words "to make provisions relating to the sale or purchase of pare goric."

724

JOURNAL OF THE HOUSE,

By adding a new Section to be known as Section 30 (B) to read as follows:
"Section 30(B). It shall be unlawful to sell or to purchase any amount of paregoric without a prescription from a licensed physi cian ; however, a veterinarian may prescribe paregoric for the treat ment of animals. Any person violating the provisions of this Section shall be guilty of a misdemeanor and upon conviction thereof shall be punished as for a misdemeanor."

Mr. Brooks of Fulton moved that the House disagree to the Senate amend ment, and the motion prevailed.
Senator Sanders of the 18th moves to amend HB 67 by:
(1) Striking from the title, in the clause that reads: "to provide for
the examination of specimens of foods, drugs and cosmetics," the word "food";
and by: (2) Striking from Section 2, paragraph (c), the words "or other
animals" wherever they appear;
and by: (3) Striking from Section 2, paragraph (d), the words "or other
animals" wherever they appear;
and by:
(4) Adding at the end of the second line of Section 7 (page 7) after the word "appropriate," the word "criminal";
and by:
(5) Adding to Section 11, paragraph (c), a new paragraph to be numbered (4) to read:
"(4) to any drug manufactured, labeled and sold for veterinary purposes."
and by:
(6) Striking from the quoted Code Section 42-102, as amended, in Section 19, the words: "flavoring extracts," "flavoring essences," "bot tlers' supplies," "stock powders" and "veterinary remedies";
and by:
(7) Striking from the second line of Section 30 (page 19), the words "food and";
and by:
(8) Adding at the end of Section 30, the words:
"Nothing contained herein shall amend, alter, supersede or replace the laws of this State relative to feed, food, animal reme dies, hog cholera serum or virus; drugs permitted to be added to

WEDNESDAY, FEBRUARY 22, 1961

725

feeds, bottling supplies, nor the duty and authority of the Commis sioner of Agriculture.";
and by:
(9) Adding a new section to be numbered Section 16A to read:
"Section 16A. In addition to the remedies provided herein and to provide for more efficient enforcement of the provisions of this Act, the Board or the Chief Drug Inspector may request the Depart ment of Agriculture and the Department of Public Health for as sistance and in such event, either or both such departments may render such assistance. Any employee or agent of either such de partment engaged in the rendering of such assistance shall be an authorized agent of the Board."

Mr. Scoggin of Floyd moved that the House agree to the Senate amendment.

On the motion to agree, the ayes were 111, nays 0.

The Senate amendment to HB 67 was agreed to.

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

HB 502. By Messrs. Phillips, Thornton and Taylor of Bibb:
A Bill amending the Charter of the City of Macon in the County of Bibb, and for other purposes.

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

On the passage of the Bill, the ayes were 124, nays 0.

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

SB 16. By Senator Brown of the 52nd:

A Bill providing that all Judges Emeritus, prior to becoming such,

were Judges of the Superior Court of the Atlanta Judicial Circuit,

shall be provided offices in the Court House and adequate secretarial

assistance upon request of such Judge Emeritus, and for other pur

poses.

,

Mr. Brooks of Fulton offered the following amendment which was read and adopted:
Mr. Brooks of Fulton moves to amend SB 16 by Senator Brown of the 52nd by striking the word "offices" in the first sentence of the caption of the Act and substituting in lieu thereof the words "office space" so that as amended the caption of the Act shall read as follows:
"To provide that all Judges Emeritus, who, prior to becoming such, were Judges of the Superior Court of the Atlanta Judicial

726

JOURNAL OF THE HOUSE,

Circuit, shall be provided office space in the Court House and ade quate secretarial assistance upon request of such Judge Emeritus; that it shall be the duty of the Board of Commissioners of Roads and Revenues of Pulton County to carry out and make effective the provisions of this Act; to repeal all laws and parts of laws in conflict herewith, and for other purposes."
and by striking the word "offices" appear in 1. of Section 1. and sub stituting in lieu thereof the words "office space" so that 1. of Section 1 as amended shall read as follows:
"1. All Judges Emeritus, who, prior to becoming such, were Judges of the Superior Court of the Atlanta Judicial Circuit, shall be provided office space in the Court House and adequate secre tarial assistance upon request of such Judge Emeritus."

The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.

On the passage of the Bill, as amended, the ayes were 124, nays 0.

The Bill, having received the requisite constitutional majority, was passed, as amended.

HB 87. By Messrs. Crawford, Dickey and Funk of Chatham:
A Bill providing for the appointment by the Ordinaries of the respec tive counties of the State of Georgia of a Special Bailiff with the ap proval of the County Commissioners of such counties, and for other purposes.
The following Committee amendment was read and adopted:
General Judiciary Committee moves to amend HB 87 as follows:
By adding at the end thereof a new section to be numbered Section 8 and to read as follows:
"Section 8. The provisions of this Act shall apply only to those counties having a population of not less than 160,000 and not more than 250,000, according to the 1960 or any future United State Census."

The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to.

On the passage of the Bill, the ayes were 124, nays 0.

The Bill, having received the requisite constitutional majority, was passed, as amended.

HB 409. By Mr. Roper of Greene:
A Bill creating the Board of Commissioners of Roads and Revenues in and for Greene County, and for other purposes.

WEDNESDAY, FEBRUARY 22, 1961

727

The following Committee amendment was read and adopted:
The Committee on Local Affairs moves to amend HB 409, as fol lows:
To add in the caption thereof between the phrase "to provide the manner in which vacancies shall be filled;" and "to provide and define the procedure connected therewith;" the following:
"to require the Board of Commissioners of Roads and Revenues in and for Greene County, Georgia to publish in the legal organ of said county, a monthly report or statement in detail of their expenses and disbursements of county funds and the amount of money owed by said county and to whom; to provide payment for the publishing of said report or statement;"
Said Act is further amended by adding a new Section 6 thereto to read as follows:
"Section 6. Said Act is further amended by adding a new Section thereto to be known as Section 3 C. to read as follows:
"Section 3 C. A majority of the Commissioners shall con stitute a quorum for the transaction of business, the Chairman shall be counted in determining a quorum. The Chairman shall be entitled to vote in the same manner as other members of the Board and in the event of a tie vote on any matter, the matter shall be approved by the Board."
Said Act is further amended by adding a new Section 7 thereto to read as follows:
"Section 7. Said Act is further amended by adding a new Section thereto to be known as Section 3 D. to read as follows:
"Section 3 D. The Board of Commissioners of Roads and Revenues in and for Greene County, Georgia shall monthly pub lish in the legal organ of Greene County, a monthly report or statement in detail of the expenses and disbursements of the funds of Greene County and at the same time shall publish a full state ment of the amount of money that is owed by Greene County and to whom. The costs of publishing the report or statement as required by this Section shall not exceed $30.00 and shall be paid from county funds."
Said Act is further amended by renumbering "Section 6" as "Sec tion 8".
Said Act is further amended by striking Section 7 in its entirety and renumbering said Section as Section 9, and inserting in lieu of said Section 7 the following Section to be known as Section 9:
"Section 9. The terms of this Act, except Section 7 thereof, shall not become effective until the expiration of the terms of offices of the present members of the Board of Commissioners of Roads and Revenues in and for Greene County, Georgia, who were nomi nated and elected during the year 1960, and who took office on January 1, 1961, except that the members elected to the Board of Commissioners of Roads and Revenues in and for Greene County, Georgia in the year 1962, and thereafter, shall be elected as pro-

728

JOURNAL OF THE HOUSE,

vided in this Act. Section 7 of this Act shall become effective upon its approval by the Governor or its otherwise becoming law.
Said Act is further amended by renumbering "Section 8" as "Sec tion 10".

The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to.

On the passage of the Bill, the ayes were 124, nays 0.

The Bill, having received the requisite constitutional majority, was passed, as amended.

HB 411. By Mr. Roper of Greene:
A Bill consolidating the offices of tax receiver and tax collector for Greene County in to the one office of tax commissioner of Greene County, and for other purposes.

The following Committee amendment was read and adopted:
The Committee on Local Affairs moves to amend HB 411 as follows:
By striking the "." at the end of the third sentence of the new Section 4 which is contained in Section 1 of said Act; and
By adding at the end of the third sentence of the new Section 4 which is contained in Section 1 of said Act, the words:
", and he shall continue to receive the amount provided in Section 3 of an Act relating to the commission on taxes collected in excess of a certain percentage due according to the net tax digest, approved January 17, 1938 (Ga. Laws 1937-38, Ex. Sess., p. 297), as amended."

The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to.

On the passage of the Bill, the ayes were 124, nays 0.

The Bill, having received the requisite constitutional majority, was passed, as amended.
HB 414. By Messrs. Fordham and Lane of Bulloch:
A Bill relating to a change in the compensation of the chairman, clerk and other members of the Board of Commissioners of Roads and Reve nues for Bulloch County, and for other purposes.
The following Committee amendment was read and adopted:
The Committee on Local Affairs moves to amend HB 414 as fol lows:
By striking the figure "1956" wherever it appears in said Bill and inserting in lieu thereof the figure "1965".

WEDNESDAY, FEBRUARY 22, 1961

729

The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to.

On the passage of the Bill, the ayes were 124, nays 0.

The Bill, having received the requisite constitutional majority, was passed, as amended.

HB 365. By Mr. Jones of Lumpkin:
A Bill creating a new charter for the City of Dahlonega, and for other purposes.

The following Committee amendment was read and adopted:
The Committee on Local Affairs moves to amend HB 365 as follows:
By adding in the title before the words "to repeal conflicting laws", the words "to provide for the publication of a financial statement".
By adding a new Section to be known as Section 4 to read as fol lows:
"Section 4. Said Act is further amended by adding a new Section to be known as Section ISA to read as follows:
'Section ISA. It shall be the duty of the Clerk to publish in the official organ of Lumpkin County an itemized financial state ment showing the financial condition of the city for the immedi ately preceding fiscal year. Such publication shall be made each year not later than three (3) months after the end of the immedi ately preceding fiscal year. The cost of such publication shall be borne by the City.'"

The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to.

On the passage of the Bill, the ayes were 124, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
HB 210. By Messrs. McClelland, Smith and Brooks of Pulton and Mackay, Rut land and Howard of DeKalb:
A Bill establish a new charter for the City of Atlanta, so as to provide that the Mayor and Board of Aldermen are authorized to prescribe, by ordinance, penalties for anyone convicted, or who enters a plea of guilty or a plea of nolo contendere for being in contempt of the municipal Court of the City of Atlanta, and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 124, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

730

JOURNAL OF THE HOUSE,

HB 251. By Messrs. Brooks, Smith and McClelland of Fulton and Mackay, How ard and Rutland of DeKalb:
A Bill creating a new charter for the City of Atlanta, creating in the Department of Municipal Revenue Collector the position of Chief Deputy Municipal Revenue Collector, and for other purposes.

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

On the passage of the Bill, the ayes were 124, nays 0.

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

SB 71. By Senator Mitchell of the 43rd:
A Bill creating the Office of Commissioner of Roads and Revenue of the County of Whitfield, by deleting that portion of Section 17 thereof which regulates employment of certain persons, and for other purposes.

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

On the passage of the Bill, the ayes were 124, nays 0.

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

SB 79. By Senator Brown of the 52nd:
A Bill relating to the Fulton County Civil Service Board, and for other purposes.

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

On the passage of the Bill, the ayes were 124, nays 0.

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

HB 394. By Mr. Kimmons of Pierce:
A Bill creating the Board of Commissioners of Roads and Revenues of Pierce County, so as to change the compensation and the allowance rate for mileage of the Chairman of the Board of County Commissioners of Pierce County, and for other purposes.

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

On the passage of the Bill, the ayes were 124, nays 0.

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

WEDNESDAY, FEBRUARY 22, 1961

731

HB 396. By Mr. Roberts of Jones:
A Bill creating a new charter for the Town of Gray, particularly so as to authorize the Mayor and Aldermen of said city to open, close, lay out, widen, straighten, or otherwise change streets, alleys and squares in the Town of Gray, and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 124, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 397. By Mr. Twitty of Mitchell: A Bill creating a Small Claims Court in each county in this State having a population of not less than 19,500 and not more than 19,700, and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 124, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 398. By Mr. Phillips of Walton: A Bill incorporating the City of Monroe and defining its limits, provid ing for a mayor and council and other officers of said city and prescribe their powers and duties, and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 124, nays 0.

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

HB 403. By Messrs. Lee and Blalock of Clayton:
A Bill consolidating the offices of Tax Receiver and Tax Collector of Clayton into the one office of Tax Commissioner of Clayton County, and for other purposes.

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

On the passage of the Bill, the ayes were 124, nays 0.

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

732

JOURNAL OF THE HOUSE,

HB 404. By Messrs. Killian and Flexer of Glynn:
A Bill amending City Charter for the City of Brunswick so as to pro vide for the procedure connected with the making of tax returns, to provide for the assessment of taxable property, and for other purposes.

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

On the passage of the Bill, the ayes were 124, nays 0.

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

HB 405. By Messrs. Killian and Flexer of Glynn:
A Bill creating the City Court of Brunswick, so as to increase the number of bailiffs in said court, and for other purposes.

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

On the passage of the Bill, the ayes were 124, nays 0.

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

HB 406. By Messrs. Killian and Flexer of Glynn:
A Bill placing the Coroner of Glynn County on a monthly salary in lieu of the fee system of compensation, to provide for the employment of certain clerical help, and for other purposes.

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

On the passage of the Bill, the ayes were 124, nays 0.

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

HB 407. By Messrs. Killian and Flexer of Glynn:
A Bill creating a Board of Commissioners of Roads and Revenues for Glynn County, Georgia, and for other purposes.

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

On the passage of the Bill, the ayes were 124, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 408. By Messrs. Mackay, Howard and Rutland of DeKalb: A Bill amending the Juvenile Court Act, so as to delete from said Act and the caption thereof the figures "300,000" wherever the same shall

WEDNESDAY, FEBRUARY 22, 1961

733

appear and insert in lieu thereof, "250,000 according to the 1960 United States census or any future census", and for other purposes.

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

On the passage of the Bill, the ayes were 124, nays 0.

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

HB 410. By Mr. Roper of Greene:
A Bill placing the compensation of the Sheriff, the clerk of the Supe rior Court, the ordinary, and the coroner of Greene 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 124, nays 0.

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

HB 412. By Mr. Roberts of Jones:
A Bill creating a new charter for the Town of Gray, so as to change the name of said town to the "City of Gray"; to provide the procedure connected therewith, and for other purposes.

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

On the passage of the Bill, the ayes were 124, nays 0.

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

HB 413. By Messrs. Fordham and Lane of Bulloch:
A Bill providing for a change in the annual salary of the Judge of the City Court of Statesboro, to provide for a change in the annual salary of the Solicitor of 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 124, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 362. By Mr. Arnsdorff of Effingham: A Bill providing for an increase in the salary of the Judge of the City Court of Springfield, and for other purposes.

734

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 124, nays 0.

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

HB 363. By Mr. Arnsdorff of Effingham:
A Bill fixing the terms of the City Court of Springfield, to provide for pleadings and practice therein, and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 124, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 366. By Mr. Wells of Oconee: A Bill placing the solicitor general of the Western Judicial Circuit on a salary basis, so as to include Oconee County in said Act and to fix the amount to be paid by said county to the Solicitor General of the Western Judicial Circuit, and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 124, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 367. By Mr. Wells of Oconee:
A Bill incorporating the Town of Bogart in Oconee County, so as to change the tax millage of such Town, and for other purposes.

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

On the passage of the Bill, the ayes were 124, nays 0.

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

HB 368. By Mr. Summers of Crisp:
A Bill creating and establishing a new charter for the City of Cordele, so as to increase the city limits of said city, and for other purposes.

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

WEDNESDAY, FEBRUARY 22, 1961

735

On the passage of the Bill, the ayes were 124, nays 0.

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

HB 369. By Mr. Black of Webster:
A Bill amending an Act so as to change the population and census figures therein, and for other purposes.

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

On the passage of the Bill, the ayes were 124, nays 0.

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

HB 370. By Mr. Black of Webster:
A Bill providing for the salary of the Commissioner of Roads and Revenue in certain counties, and for other purposes.

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

On the passage of the Bill, the ayes were 124, nays 0.

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

HB 371. By Mr. Black of Webster:
A Bill amending an Act so as to change the population and census figures therein, and for other purposes.

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

On the passage of the Bill, the ayes were 124, nays 0.

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

HB 372. By Messrs. Duncan and Waldrop of Carroll:
A Bill amending an Act by creating the office of "City Supervisor", providing for the appointment of said officer by the Mayor and Council, designating his authority, duties and compensation of said office, and for other purposes.

The report 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.

736

JOURNAL OF THE HOUSE,

HB 373. By Messrs. Lovett and Knight of Laurens:
A Bill creating a new charter for the City of Dublin, so as to fix a time within which primary elections shall be held, to provide compensation of the Aldermen, and for other purposes.

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

On the passage of the Bill, the ayes were 124, nays 0.

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

HB 374. By Messrs. Caldwell and Echols of Upson:
A Bill creating a new charter for the City of Thomaston, so as to change and increase the punishment limits of the Mayors Court of the City of Thomaston, and for other purposes.

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

On the passage of the Bill, the ayes were 124, nays 0.

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

HB 375. By Messrs. Lovett and Knight of Laurens:
A Bill creating a Board of Commissioners of Roads and Revenues for the County of Laurens, so as to provide that relatives of the County Commissioners may serve with or be employed by any elected official of Laurens County, and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 124, nays 0.

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

HB 379. By Mr. Arnsdorff of Effingham:
A Bill relating to the creation of the Office of County Treasurer for Effingham County, so as to provide for a change in the annual com pensation of the County 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 124, nays 0.

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

WEDNESDAY, FEBRUARY 22, 1961

737

HB 382. By Mr. Sheffield of Brooks:
A Bill providing for a salary system in lieu of a fee system for the Solicitor-General of the Southern Judicial Circuit and to clarify the amount to be paid by the County of Brooks to the Solicitor-General of the Southern 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 124, nays 0.

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

HB 383. By Messrs. Payton and Potts of Coweta:
A Bill creating a new charter for the City of Newnan, so as to authorize the city governing authority to close Goodrum Place and to execute the necessary deeds to the adjoining property, and for other purposes.

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

On the passage of the Bill, the ayes were 124, nays 0.

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

HB 158. By Messrs. McClelland, Smith and Brooks of Fulton and Mackay, Rut land and Howard of DeKalb:
A Bill to provide for a pension for members of the Police Department in cities having a population of 150,000 or more, in the State of Georgia, and for other purposes.

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

On the passage of the Bill, the ayes were 124, nays 0.

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

By unanimous consent, the following Bills and Resolutions of the Senate were read the first time and referred to the committees:

SB 23. By Senator Brown of the 52nd:
A Bill to be entitled an Act to repeal an Act governing the admission of students to the University of Georgia and all of its branches as to age; to declare exceptions thereto; and for other purposes.
Referred to the Committee on University of Georgia.

738

JOURNAL OP THE HOUSE,

SR 39. By Senators Sanders of the 18th and Knox of the 54th:
A Resolution requesting Congress to propose an amendment to the United States Constitution; and for other purposes.
Referred to the Committee on State of Republic.

SR 41. By Senator Sanders of the 18th:
A Resolution expressing regret at the passing of Honorable Prince H. Preston; and for other purposes.
Rei'erred to the Committee on Rules.

SB 63. By Senator Smalley of the 26th:
A Bill to be entitled an Act to amend Code Chapter 92-57, containing miscellaneous provisions relating to return, assessment, and collection of taxes, so as to add a new Section to be known as Code Section 92-5713; provide for payment of real property taxes by owner or transferee on property and release tax liens; and for other purposes.
Referred to the Committee on Ways and Means.
SB 78. By Senator Conger of the 8th:
A Bill to be entitled an Act creating the Georgia Milk Commission, defining membership, duties, and powers thereof; regulate sale of milk, so as to provide that a licensee may contract for sale of milk to any school or institution supported by public funds; and for other purposes.
Referred to the Committee on Agriculture.
SB 84. By Senator Sanders of the 18th:
A Bill to be entitled an Act to amend Code Section 24-406, relating to the election to fill a vacancy for justice of peace, so as to provide that the ordinary shall call election: provide for holding election; and for other purposes.
Referred to the Committee on State of Republic.
SB 8~>. By Senator Sanders of the 18th:
A Bill to be entitled an Act to repeal an Act relating to the method of providing for the publication of proposed amendments to the Constitu tion; and for other purposes.
Referred to the Committee on Special Judiciary.
SB 88. By Senator Brown of the 52nd:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of East Point in Fulton County, Georgia, and the several Acts amendatory thereof; and for other purposes.
Referred to the Committee on Local Affairs.
SB 91. By Senator Ponsell of the 5th:
A Bill to be entitled an Act to consolidate and abolish the offices of the

WEDNESDAY, FEBRUARY 22, 1961

739

Tax Collector and Tax Receiver of Ware County; to create the office of the Tax Commissioner of Ware County; and for other purposes.
Referred to the Committee on Local Affairs.

SB 92. By Senators Jackson of the 24th and Whisnant of the 25th:
A Bill to be entitled an Act entitled "The Georgia Professional Associa tion Act, to define "Professional Service", and "Professional Associa tion", to authorize the formation of unincorporated associations by any two or more persons who desire to associate for the purpose of carrying on a profession; and for other purposes.
Referred to the Committee on State of Republic.

SB 95. By Senator Blalock of the 36th:
A Bill to be entitled an Act making it a misdemeanor for any person, partners of a partnership, or officers of a corporation, engaged in the undertaking business to allow the interment of any jewelry with a deceased person without obtaining a written release from the next of kin for such jewelry's interment; and for other purposes.
Referred to the Committee on Judiciary.

SB 96. By Senator Mitchell of the 43rd:
A Bill to be entitled an Act to supplement the salary of the Judge of the Superior Court for the Cherokee Judicial Circuit by providing Whitfield County's contribution; and for other purposes.
Referred to the Committee on Local Affairs.

SB 97. By Senator Ponsell of the 5th:
A Bill to be entitled an Act to abolish the fee system in the office of the Sheriff of the City Court of Waycross, Clerk of Superior Court, Sheriff and Ordinary of Ware County, and place said officers on a salary system; to provide procedure connected therewith; and for other purposes.
Referred to the Committee on Local Affairs.

SB 98. By Senator Ponsell of the 5th:
A Bill to be entitled an Act to abolish the fee system in the offices of the Tax Collector and Tax Receiver of Ware County and place on a salary; to provide procedure connected therewith; and for other pur poses.
Referred to the Committee on Local Affairs.

SB 101. By Senator McWhorter of the 34th:
A Bill to be entitled an Act to amend an Act approved Aug. 17, 1909, to create and establish a new charter and municipal government for the City of Decatur, DeKalb County; and the several Acts amendatory thereof, so as to provide for street, sidewalk, or curb improvements

740

JOURNAL OF THE HOUSE,

where such street, sidewalk or curb abuts property on both front and side; and for other purposes.
Referred to the Committee on Local Affairs.

SB 102. By Senator Owens of the 32nd:
A Bill to be entitled an Act to amend an Act consolidating the office of Tax Receiver and the office of Tax Collector of Lumpkin County into one office of Tax Commissioner of said County: to repeal conflict ing laws; and for other purposes.
Referred to the Committee on Local Affairs.

SB 103. By Senator Owens of the 32nd:
A Bill to be entitled an Act to amend an Act creating the office of the Commissioner of Roads and Revenues for Lumpkin County, so as to authorize an expense allowance for the commissioner; and for other purposes.

Referred to the Committee on Local Affairs.

SB 105. By Senator Ponsell of the 5th:
A Bill to be entitled an Act to create a Board of Commissioners of Roads and Revenues in the County of Ware; and for other purposes.
Referred to the Committee on Local Affairs.

SB 107. By Senator Brown of the 52nd:
A Bill to be entitled an Act to authorize and make lawful the invest ment of funds of county boards of education in counties having a popu lation of more than 500,000; to define the circumstances under which the same may be invested and for what purposes held; and for other purposes.
Referred to the Committee on Local Affairs.
SB 108. By Senator Brown of the 52nd:
A Bill to be entitled an Act approved Feb. 16, 1956 (Ga. L. 1956, p. 100) so as to permit boards of education in counties having a popula tion of more than 500,000 to use the form of condemnation procedure permitted by an Act approved March 13, 1957 (Ga. L. 1957, p. 387), as amended; and for other purposes.
Referred to the Committee on Local Affairs.
SB 109. By Senator Brown of the 52nd:
A Bill to be entitled an Act to amend an Act entitled "An Act to create a civil service board in Fulton County to provide for the appointment and removal of members of said board and their qualifications, term of office, and salaries; and for other purposes, so as to provide a com plete merit system for Fulton County"; and for other purposes.
Referred to the Committee on Local Affairs.

WEDNESDAY, FEBRUARY 22, 1961

741

SB 111. By Senator Raynor of the 4th:
A Bill to be entitled an Act to amend an Act entitled "An Act to create and establish a new charter for the City of Folkston in the County of Charlton; to increase, enlarge, and define the incorporate limits thereof; to declare the rights, powers, privileges of said corporation; and for other purposes.
Referred to the Committee on Local Affairs.

SB 113. By Senator Grayson of the 1st:
A Bill to be entitled an Act amending the Charter of the Mayor and Aldermen of the City of Savannah and the several Acts amendatory thereto, by submitting to the qualified voters of the City of Savannah, in a referendum election; and for other purposes.
Referred to the Committee on Local Affairs.

Mr. Adams of Polk asked unanimous consent that the following Bill of the House, having previously passed both the House and Senate, be brought up for the purpose of considering an amendment thereto:

HB 167. By Messrs. Adams and Moore of Polk:
A Bill to be entitled an Act to extend the corporate limits of the City of Rockmart in Polk County, and for other purposes.

The consent was granted and the following amendment was read:

Mr. Adams of Polk moves to amend HB 167 by changing the dates in the Publisher's Affidavit so that such dates will coincide with those shown in the "NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION", which Notice and Affidavit will then read as follows:
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is hereby given that legislation will be introduced at the 1961 Session of the General Assembly of Georgia to amend the Charter of the City of Rockmart, Georgia, and for other purposes.
This 10th day of December, 1960.
s/ E. C. Sanders, Mayor

12--December 20, 27--Jan.3
GEORGIA, POLK COUNTY.
Personally appeared before the undersigned attesting officer, Wallace White, who is the Publisher of The Cedartown Standard, the official organ of Polk County, Ga., in which the sheriff's advertisements are published and which has a general circulation in Polk County, Ga., and that the attached and foregoing notice of proposed local legislation was duly published in said newspaper

742

JOURNAL OF THE HOUSE,

once a week for three weeks, in the issues of December 20, 1960, December 27, I960, and January 3rd, 1961.
Wallace L. White Publisher, The Cedartown Standard
Sworn to and subscribed before me this 9 day of January, 1961.
Mrs. Herbert DeArman, Notary Public, Ga. Notary Public, Polk County, Ga. My Commission Expires Feb. 2, 1965. Seal.

On the adoption of the amendment, the ayes were 134, nays 0.

The amendment to HB 167 was adopted, and the Bill, as amended, was ordered transmitted to the Senate for ratification.

Under the general 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 211. By Messrs. Kidd and Chandler of Baldwin:
A Bill providing that the salary of officials or employees of an incor porated town, city, county, or State government may be garnished, and for other purposes.

Mr. Kidd of Baldwin offered the following amendment which was read and adopted:
"Section 3 Line 1 striking Code Section 46-804 thru Line 10 in its entirety making new Section 3 starting with second paragraph, 'The money due officials',"

The report of the Committee, which was favorable to the passage of the Biill, was agreed to, as amended.

On the passage of the Bill, as amended, the ayes were 115, nays 2.

The Bill, having received the requisite constitutional majority, was passed, as amended.

HB 221. By Messrs. Chandler of Baldwin and Kidd of Baldwin:
A Bill creating the Milledgeville State Hospital Employees' Retirement Fund, and for other purposes.

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

On the passage of the Bill, the ayes were 105, nays 1.

WEDNESDAY, FEBRUARY 22, 1961

743

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

HB 25. By Messrs. Kidd and Chandler of Baldwin:
A Bill providing financial assistance for any school district wherein three per cent or more of the population is employed by the State of Georgia, and for other purposes.

Mr. Kidd of Baldwin asked that the House postpone further consideration of this Bill until February 23, 1961, and the motion prevailed.

HB 254. By Mr. Undercofler of Sumter:
A Bill relating to the creation by deeds to beneficial interests of trust estates in property located in this State and for other purposes.

The following Committee amendment was read and adopted:
The Committee on Judiciary moves to amend Section 2 of HB 254 by adding at the end of Section 108-605 a new sentence reading as follows:
"The trustee or trustees are authorized and empowered in accordance with the terms and provisions of the deed creating such estate, from corpus or from income or from both, to repurchase or redeem any issued and outstanding certificates of beneficial interest."
so that said Section when so amended shall read as follows:
Section 2
Chapter 108-6 of the Code of Georgia is hereby amended by adding a new section to said Chapter, to be section 108-605, relating to the investments authorized to be made by the trustees of trust estates created thereunder, and which shall read as follows:
"Section 108-605. Investments by trustees--In addition to in vestments in any property, as such word is defined in this Chapter, the trustee or trustees may invest any funds of said trust estate in investments authorized to be made by trustees under the laws of Georgia; provided, however, that the deed creating such estate may further limit or expand the powers and authority of the trustee or trustees with respect to investments, including the power to invest in property located outside the State of Georgia. The trustee or trustees are authorized and empowered in accordance with the terms and provisions of the deed creating such estate, from corpus or from income or from both, to repurchase or redeem any issued and outstanding certificates of beneficial interest."

The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to.

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

744

JOURNAL OF THE HOUSE,

Those voting in the affirmative were Messrs:

Adams Andrews of Stephens Andrews of Hall Arnsdorff Barnett of Wilkes Barnett of Baker Baughman Birdsong Black Blalock Bowen of Randolph Bozeman Branch Brown Busbee Bynum Carswell Chance Chandler Clark of Catoosa Clarke of Monroe Cloer Cocke Coker Collins
Cox
Crawford Crowe Culpepper Davis Dickey Dollar Dorminy Doster Duncan of Fannin Duncan of Carroll Dunn Echols Flexer Floyd Fordham Fowler of Douglas Fowler of Treutlen Funk Hale Hall of Lee Hall of Floyd Harrell

Henderson Hill Horton Hurst Jernigan Johnson Joiner Jones of Liberty Jones of Worth Jones of Lumpkin Jones of Sumter Keadle Kelly Keyton Killian Killingsworth Kimmons King Kirkland Knight of Laurens Lane Lanier Lee Lewis Loggins Lovett Lowrey Mackay Massee Matthews of Clarke Matthews of Colquitt McCutchen McDonald McGarity Miller Mixon Moate Moore Moorman Morgan NeSmith Newton Odom Otwell Pannell Paris Parker of Screven Parker of Appling

Voting in the negative was Mr. Murphy.

Farmer Payton Pelham Phillips of Walton Phillips of Bibb
Poole Purcell Raulerson Rodgers of Charlton Roper Ross Rutland Sangster Scarborough Shuman Simmons Simpson Sinclair Smith of Grady Smith of Habersham Steis Stevens Story Summers Tabb Tamplin Taylor of Bibb Teague Thornton Todd Tucker Twitty Undercofler Underwood of Taylor Waldrop Walker of Telfair Ware Watson Wells of Peach Wells of Oconee Wells of Camden Willingham Wilson Woodward Young

Those not voting were Messrs.:

Abney Akins

Ballard Barber

Barrett Boggs

WEDNESDAY, FEBRUARY 22, 1961

745

Bolton Bowen of Toombs Boyett Brackin Brooks of Oglethorpe Brooks of Fulton Budd Caldwell Conner Deen Dicus Fitzgerald Fleming Flynt Fuqua Greene Hodges Howard
Hull Jordan

Kidd Knight Lokey McClelland McCracken Melton Milhollin Morris Moss Mullis Parker of Ware Phillips of Columbia Pickard Potts Ray Roberts Rogers of Paulding Rowland
Scoggin Sheffield

Singer Smith of Brantley Smith of Fulton Smith of Whitfield Strickland Stuckey Taylor of Dawson Taylor of Decatur Underwood of
Montgomery Vaughn Walker of Lowndes White Wickham Wilkes Williams of Coffee Williams of Hall Mr. Speaker

On the passage of the Bill, the ayes were 141, nays 1.

The Bill, having received the requisite constitutional majority, as amended, was passed.

The Speaker announced the House recessed until 1:30 o'clock this afternoon.

AFTERNOON SESSION

The Speaker called the House to order.

Under the general 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 433. By Messrs. Lanier of Candler, Newton of Colquitt, Cox of Clarke and others:
A Bill to be known as the "Georgia Agricultural Commodities Promo tion Act."

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 fol lows:

Those voting in the affirmative were Messrs.:

Adams Akins Andrews of Stephens

Arnsdorff Ballard Barnett of Wilkes

Barnett of Baker Barrett Baughman

746

JOURNAL OF THE HOUSE,

Black Blalock Bowen of Randolph Boyett Brackin Brown Busbee Caldwell Carswell Chance Chandler Clark of Catoosa Clarke of Monroe Cloer Collins Conner Crawford Culpepper Davis Deen Dickey Dollar Dorminy Duncan of Fannin Dunn Floyd Flynt Fordham Fowler of Treutlen Funk Hall of Lee Hall of Floyd Henderson Hill Hodges Horton Howard Hurst

Jernigan Johnson Joiner Jordan Keadle Killian Killingsworth King Lane Lanier Lewis Loggins Lowrey Mackay Matthews of Colquitt McGarity Milhollin Miller Mixon Moore Moorman Morgan Morris Moss Mullis Murphy Ne Smith Newton Odom Otwell Paris Parker of Screven Parker of Ware Farmer Phillips of Columbia Phillips of Walton Phillips of Bibb Poole

Potts Purcell Raulerson Roberts Rodgers of Charlton Rogers of Paulding Roper Ross Scarborough Shuman Sirnpson Sinclair Smith of Grady Smith of Brantley Smith of Whitfield Steis Stevens Story Strickland Summers Tabb Tamplin Taylor of Dawson Taylor of Decatur Taylor of Bibb Teague Thornton Todd Underwood of Taylor Walker of Telfair Ware Wells of Peach Wells of Oconee Wells of Camden Williams of Coffee Woodward Young

Those voting in the negative were Messrs. Echols and Jones of Worth.

Those not voting were Messrs.:

Abney Andrews of Hall Barber Birdsong Boggs Bolton Bowen of Toombs Bozeman Branch Brooks of Oglethorpe Brooks of Fulton Budd Bynum

Cocke Coker Cox Crowe Dicus Doster Duncan of Carroll Fitzgerald Fleming Flexer Fowler of Douglas Fuqua Greene

Hale Harrell Hull Jones of Liberty Jones of Lumpkin Jones of Sumter Kelly Keyton Kidd Kimmons Kirkland Knight of Laurens Knight of Berrien

WEDNESDAY, FEBRUARY 22, 1961

747

Lee Lokey Lovett Massee Matthews of Clarke McClelland McCracken McCutchen McDonald Melton Moate Pannell Parker of Appling Payton Pelham

Pickard Ray Rowland Rutland Sangster Scoggin Sheffield Simmons Singer Smith of Fulton Smith of Habersham Stuckey Tucker Twitty Undercofler

Underwood of Montgomery
Vaughn Waldrop Walker of Lowndes Watson White Wickham Wilkes Williams of Hall Willingham Wilson Mr. Speaker

On the passage of the Bill, the ayes were 122, nays 2.

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

Mr. Echols of Upson stated that had he not been called from the floor of the House to confer with constituents, at the time the roll call was ordered, he would have voted AYE.

HB 290. By Messrs. Thornton and Phillips of Bibb:
A Bill relating to the liability of insurers for damages and Attorney's fees arising out of bad faith; and for other purposes.

Mr. Thornton of Bibb offered the following amendment which was read and adopted:
To change the 20th word "insured" in Section 56-1206 to "insurer."

The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.

On the passage of the Bill, the ayes were 106, nays 7.

The Bill, having received the requisite constitutional majority, was passed, as amended.

HB 348. By Mr. Fuqua of Richmond:
A Bill insuring the collection of taxes from nonresidents engaging in the business of contracting in this State; and for other purposes.
The following Committee amendment was read and adopted:
Committee on State of Republic moves to amend HB 348 as follows:
By striking from Section 3 of said Bill the language which reads as follows:
"Provided, when in the judgment of the State Revenue Commis sioner it is necessary in order to secure the collection of any taxes,

748

JOURNAL OF THE HOUSE,

penalties or interest due, or to become due, arising out of such contracts, he may require any contractor hereunder to file such bond, regardless of the amount of such contract: Provided further, the State Revenue Commissioner shall, upon written request by the director of the employment security division, require such bond."

The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to.

On the passage of the Bill, the ayes were 111, nays 0.

The Bill, having received the requisite constitutional majority, was passed, as amended.

HB 359. By Messrs. Killian and Flexer of Glynn, Thornton and Taylor of Bibb, and others:
A Bill regulating the preparation, contents, and recording of maps or plats of survey of tracks or bodies of land; and for other purposes.

The following amendment was read and adopted:
Mr. Smith of Whitfield moves to amend HB 359 by striking the figures "20,000" wherever the same appears in said Bill and substitute in lieu thereof the figures "13,500."

The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.

On the passage of the Bill, as amended, the ayes were 118, nays 0.

The Bill, having received the requisite constitutional majority, was passed, as amended.

The following Resolution of the House was read and adopted:

HR 193. By Mr. Smith of Emanuel:
A RESOLUTION
Amending HR 3 adopted at the 1961 Session; and for other purposes.
BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that HR 3, adopted at the 1961 Session, is hereby amended by striking paragraph 7 in its entirety.

The following Resolutions of the House were read and referred to the Com mittee on Rules:

HR 194. By Messrs. Doster of Wilcox and Johnson of Jenkins:
A RESOLUTION
Creating an interim committee to study the Uniform Traffic Code; and for other purposes.

WEDNESDAY, FEBRUARY 22, 1961

749

WHEREAS, the Uniform Traffic Code has been in operation in Georgia since 1955, and during its five years of operation many matters have arisen within the application of said Code which are not entirely clear; and
WHEREAS, this situation deserves to be studied and information needs to be made available to the members of this Body with a view of corrective legislation.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created a committee to be composed of five members of the House to be appointed by the Speaker for the purpose of making a study of the above situation and of the said situation as it exists in other States and as to how the same is being handled therein. The committee shall make a study with a view towards recommending solutions to the problems which have arisen and will con tinue to present themselves each year. The members of the committee shall receive compensation, per diem, expenses and allowances author ized for members of the interim legislative committees. The committee shall receive the above not to exceed twenty days for each member. The committee is authorized to employ such professional and clerical help as it deems necessary to perform its duties. The funds necessary to carry out the duties herein shall come from the funds appropriated to or avail able to the legislative branch of government. The committee shall make a report of its findings and recommendations to the 1962 Session of the General Assembly on or before January 15, 1962, on which date the committee shall stand abolished.

HR 195. By Mr. Budd of Lowndes:
A RESOLUTION
Requesting the Governor to implement a sound program of selfinsurance for the State of Georgia; and for other purposes.
WHEREAS, an Act approved March 23, 1960 (Ga. Laws 1960, p. 1160), grants to the Governor of Georgia the right to establish and effec tuate a program of self-insurance for the State, after such program has been formulated and submitted by the Supervisor of Purchases; and
WHEREAS, such a plan of self-insurance would be very sound financially for the state's fiscal policy and would save the State of Geor gia much money that is now being expended for insurance premiums to private insurers; and
WHEREAS, the State of Georgia should operate its program of insurance on a sound and as thrifty a basis as possible.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the Governor be requested to establish and effectuate a program of self-insurance under his executive order, so that the State of Georgia shall assume all of the various risks or hazards under such plan of self-insurance as formulated and submitted by the Supervisor of Purchases.

HR 196. By Mr. McClelland of Fulton:
A RESOLUTION Extending congratulations to Honorable Dean Rusk; and for other purposes.

750

JOURNAL OP THE HOUSE,

WHEREAS, Honorable Dean Rusk, a native of Cherokee County, Georgia, has been appointed the Secretary of State by the President of the United States of America, Honorable John P. Kennedy; and
WHEREAS, the previous experience of Mr. Rusk in foreign affairs, together with his other educational, professional and personal qualifica tions well qualify him for this important position; and
WHEREAS, the citizens and officials of the State of Georgia fully believe and trust that Mr. Rusk can and will competently endeavor to carry out all of the duties assigned to him; and
WHEREAS, the citizens and officials of the State of Georgia know that Mr. Rusk is a man of great integrity, faith and courage and they further know that he is a man of concern and dedication; and
WHEREAS, it is only fit and proper for the General Assembly of Georgia to wholeheartedly concur in the commendations of esteem which have been bestowed upon Mr. Rusk.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the sincerest congratulations of this body be extended to Honorable Dean Rusk upon his appointment as Secretary of State of the State Department of the United States of America and that this body wish him well in all of his endeavors.
BE IT FURTHER RESOLVED that this body be recorded as con curring with the decision of the President of the United States of Amer ica, Honorable John F. Kennedy, in appointing Honorable Dean Rusk as Secretary of State.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to forward appro priate copies of this Resolution to the Honorable Dean Rusk and to the President of the United States of America, Honorable John F. Kennedy.

HR 197. By Messrs. Doster of Wilcox and Jernigan of Clinch:
A RESOLUTION
Creating an interim committee to study the Black Shank and other agricultural diseases; and for other purposes.
WHEREAS, there is an increasing and alarming spread of Black Shank disease upon the tobacco crop of Georgia; and
WHEREAS, there are various other new and uninhibited agricul tural diseases, about which little is known, spreading and causing plight among the Georgia farmers; and
WHEREAS, unless an adequate remedy to eradicate these enemies of the farm and crop producers of Georgia are sought and taken, they will find themselves in much the same plight as that created by the boll weevil; and
WHEREAS, such a serious situation deserves to be studied and information needs to be obtained with the possibility of legislative action.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created a committee to be

WEDNESDAY, FEBRUARY 22, 1961

751

composed of five members of the House to be appointed by the Speaker for the purpose of making a study of the above situation and of the said situation as it exists in other States and as to how the same is being handled therein. The committee shall make a study with a view towards recommending solutions to the serious situation which has arisen and continues to threat the people of Georgia. The members of the committee shall receive compensation, per diem, expenses and allowances author ized for members of the interim legislative committees. The committee shall receive the above not to exceed twenty days for each member. The committee is authorized to employ such professional and clerical help as it deems necessary to perform its duties. The funds necessary to carry out the duties herein shall come from the funds appropriated to or avail able to the legislative branch of government. The committee shall make a report of its findings and recommendations to the 1962 Session of the General Assembly on or before January 15, 1962, on which date the committee shall stand abolished.

HR 198. By Messrs. Fowler of Douglas and Cox of Clarke:
A RESOLUTION
Creating a committee to make a study of matters relating to the problem created by uninsured motorists; and for other purposes.
WHEREAS, each year sees an increase in the number of motor vehicles using the public ways in the State of Georgia, with the inevi table resulting increase in the number of motor vehicle accidents; and
WHEREAS, there is a concurrent increase in the number of bodily injury and property damage accidents in which the owner and/or operator of the motor vehicle causing the accident is found legally liable for such damages, but proves financially irresponsible and unable to pay for the damages caused by his negligence; and
WHEREAS, the situation is of such importance to the citizens of this State as to warrant a thorough study of methods available to pro tect the public from monetary losses arising out of bodily injuries and property damages suffered at the hands of financially irresponsible motorists;
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created a committee to be composed of five members of the House to be appointed by the Speaker for the purpose of making a study of the problems caused by financially irresponsible motorists and possible solutions to such problems. The committee members shall receive the compensation, per diem, expenses and allowances authorized for members of interim legislative commit tees. The committee shall receive the above for not to exceed ten days for each member. In order to more efficiently carry out its duties, the com mittee is authorized to employ clerical help and fix the compensation therefor. The funds necessary to carry out the purposes herein 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 1962 session of the General Assem bly on or before January 15, 1962, on which date the committee shall stand abolished.

752

JOURNAL OF THE HOUSE,

HR 199. By Mr. Kimmons of Pierce:
A RESOLUTION
Authorizing a study of forestry and soil conservation; and for other purposes.
WHEREAS, in these days of rapid industrialization the conserva tion of our forest and our soil assumes additional and tremendous im portance; and
WHEREAS, through unsound practices much of our forest land and other land is being unwisely utilized and allowed to go to waste;
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created a committee to be composed of the members of the Forestry and Soil Conservation Sub committee of the Natural Resources Committee. Said committee is hereby authorized and directed to make a study of forestry and soil conserva tion practices in order that members of the General Assembly might take whatever action necessary to improve such practices. The members of the committee shall receive compensation, per diem, expenses and allow ances authorized for members of interim legislative committees not to exceed ten days each. The committee shall make a report of its findings and recommendations to the 1962 Session of the General Assembly of Georgia on or before January 15, 1962, on which date the committee shall stand abolished. 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.

HR 200. By Mr. Brooks of Fulton:
A RESOLUTION
Creating a committee to study procedures relative to legislative ses sions; and for other purposes.
WHEREAS, the members of the General Assembly are faced with the almost impossible task of studying an untold number of measures which are introduced in the General Assembly each session; and
WHEREAS, the recent two week adjournment has brought forth suggestions for possible changes in sessions of the General Assembly so that improvements might be made; and
WHEREAS, many other suggestions relative to other phases of leg islative sessions and the General Assembly and the operations of the General Assembly have been made; and
WHEREAS, the Legislative Services Committee and the Office of Legislative Counsel were created for the purpose of, among other things, studying methods concerning the operation of the General Assembly and the more efficient administration thereof;
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the Legislative Services Committee and the Office of Legislative Counsel are hereby directed to make a study of all ideas and suggestions for improving sessions of the General Assembly. A report of such study concerning findings and recommendations shall be made to the members of the General Assembly on or before December

WEDNESDAY, FEBRUARY 22, 1961

753

1, 1961, so that all members might have an opportunity to study the report prior to the 1962 Session of the General Assembly.

The following Resolution of the House was read and referred to the Com mittee on Industry:

HR 201. By Messrs. Kidd and Chandler of Baldwin:
A RESOLUTION
Authorizing the Director of the Department of Commerce to request the hotels and motels of this State to reduce their rates on Saturdays and Sundays; and for other purposes.
WHEREAS, one of the duties of the Director of the Department of Commerce is to plan and conduct a program of information and publicity designed to attract tourists, visitors, and other interested persons from outside the State to this State and also to encourage and coordinate the efforts of other public and private organizations or groups of citizens to publicize the facilities and attractions of the State for the same pur poses; and
WHEREAS, a reduction of the rates of the hotels and motels of this State on Saturdays and Sundays would encourage more visitors from out of the State to visit Georgia and would encourage the citizens of Georgia to make more weekend trips to visit the many attractions of our great State.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Director of the Department of Commerce is hereby authorized and directed to call upon the owners and managers of the hotels and motels of this State and encourage them to reduce their rates on Saturdays and Sundays.
BE IT FURTHER RESOLVED that the Director of the Department of Commerce is further authorized and directed that upon completion of this program, to publish a schedule of those hotels and motels that have cooperated in said program and said schedule shall contain the usual rates charged by said hotels and motels and shall also contain rates charged on Saturdays and Sundays.
The following Resolution of the House was read and referred to the Com mittee on State of Republic:
HR 202. By Messrs. Kidd and Chandler of Baldwin:
A RESOLUTION
Requesting the Members of the Senate and House of Representatives of the United States Congress from Georgia to make a study regarding tariff rates of certain imported goods; and for other purposes.
WHEREAS, the textile industries and certain other industries located in the State of Georgia are suffering because of the importation of goods from foreign countries; and
WHEREAS, the wage standards and the standards of living in cer tain of these foreign countries are much less in comparison than the

754

JOURNAL OP THE HOUSE,

wage standards and the standards of living in the United States of America; and
WHEREAS, because of such wage standards and standards of liv ing, it is possible for such countries to export goods to the United States of America at a much lower price than the same goods can be purchased from American industries; and
WHEREAS, it is only fit and proper that the citizens of our great country be encouraged to purchase American made goods.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Members of the Senate and the House of Representatives of the United States Congress from the State of Georgia are hereby respectively and urgently requested to encourage the proper Committee or Committees of the United States Congress to make a full study of the present tariff rates on goods imported into the United States of America, and such Committee or Committees making such study are hereby respectively and urgently requested to determine whether or not tariff rates should be charged on the basis of the wage standards of the country exporting such goods.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to send a copy of this Resolution to each member of the Senate and the House of Representa tives of the United States from the State of Georgia.

By unanimous consent, the following Resolutions of the House were read and adopted:
HR 203. By Messrs. Ware of Troup, Kirkland of Tattnall, and others:
A RESOLUTION
Congratulating Honorable Hershel Farmer; and for other purposes.
WHEREAS, Honorable Hershel Farmer, member of the House of Representatives from Heard County, was recently selected as the "out standing young farmer of the year" by the Carrollton Junior Chamber of Commerce; and
WHEREAS, Representative Farmer has done an outstanding job as a dairyman; and
WHEREAS, Representative Farmer, among his many other honors is Vice-President of the West Georgia Milk Producers' Association, a member of the Carroll County Dairy Herd Approvement Association, the Carroll Dairy Artificial Breeders' Association, the Georgia Milk Producers' Association, the Farm Bureau and the Heard County Lions Club; and
WHEREAS, since his membership in this august body, he has proven himself to be a leader, and is one of the most respected members of the House of Representatives.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that Honorable Hershel Farmer, Representative of Heard County, Georgia, be and is hereby congratulated upon being named by the Carrollton Junior Chamber of Commerce as "outstanding young farmer of the year."

WEDNESDAY, FEBRUARY 22, 1961

755

BE IT FURTHER RESOLVED that an appropriate copy of this Resolution be presented to Representative Farmer.

HR 204. By Messrs. Smith of Emanuel, Fordham of Bulloch, Tucker of Burke and others:
A RESOLUTION
Expressing regret at the passing of Honorable Prince H. Preston; and for other purposes.
WHEREAS, Honorable Prince H. Preston, former Congressman from the Fourth Congressional District of Georgia, passed away on February 8, 1961; and
WHEREAS, he attended public schools in Statesboro, received a Law Degree from the University of Georgia, practiced law in Statesboro for many years and served two terms in the General Assembly of Geor gia; and
WHEREAS, he served in the United States Army in World War II, entering as a Private and being discharged as a Captain and was awarded five Battle Stars for duty in the European Theater of Opera tions; and
WHEREAS, he was an active member of the Statesboro Chamber of Commerce, a former Commander of the Bulloch County Post of the Veterans of Foreign Wars, a Baptist, a member of the Georgia Bar Association, the Order of American Mechanics, the Eagles, and the American Legion; and
WHEREAS, he served with honor and distinction as a member of Congress for fourteen years, occupying a power position as a member of the important Appropriations Committee; and
WHEREAS, his death is a great loss to his locality, his District, the State and the entire Nation;
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that deepest regret is hereby expressed at the passing of Honorable Prince H. Preston and sincerest sympathy is hereby extended to the members of his family.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a copy of this Resolution to the family of Mr. Preston.

HR 205. By Messrs. Ware of Troup, Wilkes of Cook, Farmer of Heard, and others:
A RESOLUTION
Commending the Honorable Robert Ogden Persons, Sr., Senator of the 22nd District; and for other purposes.
WHEREAS, the Honorable Robert Ogden Persons of the 22nd Dis trict, during the recent adjournment of the House and Senate did give wholeheartedly and untiringly of his efforts in working with the Appro priation's Committee in its attempt to solve the State's financial dilem ma; and

756

JOURNAL OP THE HOUSE,

WHEREAS, the members of the House Appropriation's Committee wish to commend him for:
1. His devotion to duty as demonstrated by perfect attendance at all meetings.
2. His philosophy which was freely shared with every member.
3. His witticism which tended to soothe when the feathers be came ruffled.
4. The fearless manner in which he spoke up for the "little people" of Georgia.
5. His calm and well chosen advice to those he thought might get out of hand.
6. His devotion to the House of Representatives as demon strated by his choice of living quarters amongst its members.
7. His fellowship at the Henry Grady Hotel and other Atlanta meeting places, which never failed to produce laughs.
8. His loyalty and devotion to his old gray mule.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that Senator Robert Ogden Persons, Sr., of the 22nd District be and is hereby made an honorary member of the House of Representatives for the 1961-62 Session.
BE IT FURTHER RESOLVED that the members of the House would consider it an honor to have him as one of their own in the years to come.
BE IT FURTHER RESOLVED that an appropriate copy of this Resolution be presented to the Honorable Robert Ogden Persons, Sr.

HR 206. By Messrs. Taylor of Dawson, Williams and Andrews of Hall, and others:
A RESOLUTION
Expressing regret and sympathy to the family of the late Honorable J. Cliff Hughes upon his untimely death; and for other purposes.
WHEREAS, as a result of a recent accident, the Honorable J. Cliff Hughes of Dawson County was fatally injured; and
WHEREAS, the Honorable J. Cliff Hughes was an outstanding leader and citizen of Dawson County having been an active contributor to the civic, religious, and political life of his community and State; and
WHEREAS, the Honorable J. Cliff Hughes was an outstanding member of the Georgia General Assembly having served as a Senator from the 32nd District from 1951 to 1952 and from 1957 to 1958, and as an honorable member of this House of Representatives in the year 1953-1954; and
WHEREAS, his passing was noted with deep sorrow and regret.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that it express its deepest sympathy and heart felt condolences to the family of the late Honorable J. Cliff Hughes.

WEDNESDAY, FEBRUARY 22, 1961

757

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to forward to the family of the Honorable J. Cliff Hughes a copy of this Resolution.

HR 207. By Messrs. Matthews of Clarke, Barber of Jackson, and others:
A RESOLUTION
Expressing regret at the passing of Honorable Sam Matthews; and for other purposes.
WHEREAS, Honorable Sam Matthews, former Representative from Peach County, has passed away; and
WHEREAS, he served with distinction and honor and was beloved by all the members who served with him; and
WHEREAS, he was active in the civic and religious life of his community, and his death will be a great loss to his locality and the entire State;
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that deepest regrets are hereby expressed at the passing of Honorable Sam Matthews and sincerest sympathy is hereby extended to the members of his Family.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a copy of this Resolution to the Family of Honorable Sam Matthews.

HR 208. By Messrs. Lanier of Candler, Milhollin of Coffee, Fowler of Treutlen, and others: A RESOLUTION
Relative to the Appropriations Committee of the House of Repre sentatives; and for other purposes.
WHEREAS, the members of the Appropriations Committee of the House of Representatives have worked diligently in endeavoring to per form the duties imposed upon them as members of the Committee during the two weeks adjournment, and
WHEREAS, the Committee has diligently and conscientiously sought to determine the true facts concerning the fiscal affairs of the State of Georgia, and
WHEREAS, the Committee has spent long hours in examining the facts and making their recommendation and submitting their findings and recommendations to this Body,
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the Appropriations Committee be com mended for the diligent, conscientious, and fruitful service rendered during the two weeks adjournment of the General Assembly.

HR 99. By Messrs. Lanier of Candler, Roper of Greene and Ray of Warren:
A RESOLUTION
To honor the memory of the late Dr. Thomas B. Janes, Georgia's first Commissioner of Agriculture; to provide for an appropriate marker

758

JOURNAL OF THE HOUSE,

on his grave and on the highway right-of-way near his grave and to provide also for an appropriate marker to mark his old home site in Greene County; and for other purposes.
WHEREAS, the General Assembly of Georgia created a State De partment of Agriculture by an Act approved February 28, 1874 (Ga. Laws 1874, p. 6), the first State Department of Agriculture in the United States; and
WHEREAS, Dr. Thomas B. Janes, a native of Greene County, Georgia, an alumnus of Princeton and the University of New York and a practicing physician and farmer of Penfield, Georgia, was in Sep tember of 1874 appointed Georgia's first Commissioner of Agriculture and is believed to have been the first State Commissioner of Agriculture in the United States; and
WHEREAS, Dr. Janes distinguished himself in this important office by demonstrating and promoting better agricultural practices such as crop rotation, purebred livestock production, improved fertilization prac tices and other such advanced ideas that materially helped the Georgia farmer of that day; and
WHEREAS, Dr. Janes authored a book entitled "Handbook of the Georgia Department of Agriculture" which recommended improved agri cultural practices for Georgia farmers and helped instruct them in new and better ways of farming.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Georgia Department of Agriculture and the Georgia Historical Commission be and are hereby authorized to place an appropriate headstone on the unmarked grave of the late Dr. Thomas B. Janes and to expend funds to defray the cost incurred thereby.
BE IT FURTHER RESOLVED that these same two state agencies be and are hereby authorized to also expend funds to erect appropriate markers on Georgia Highway No. 15 and at other places near the Janes family cemetery to appropriately mark its location and erect markers on the rural road near the old Janes homeplace to appropriately mark their location.

HR 103. By Mr. Rowland of Johnson:
A RESOLUTION
Relative to the chairs provided for the members of the General Assembly; and for other purposes.
WHEREAS, the membership of the House is required to be in at tendance upon the business of this Body for forty (40) days during each year; and
WHEREAS, it is desirable that the members of this House be com fortable and that the chairs provided for the members should be com fortable as well as useful; and
WHEREAS, the chairs now provided have been in use over an extended period of time and are uncomfortable;
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the Secretary of State be and is hereby

WEDNESDAY, FEBRUARY 22, 1961

759

authorized and directed to negotiate for the purchase of appropriate chairs for the members of the House of Representatives.

The following Resolution of the Senate was read and adopted:

SR 18. By Senator White of the 39th:
A Resolution authorizing the State Parks Department to investigate the feasibility of creating a new State Park in the Factory Shoals area in Douglas County; and for other purposes.

Mr. Twitty of Mitchell moved that the House do now adjourn until 10:30 o'clock tomorrow morning and the motion prevailed.

The Speaker announced the House adjourned until 10:30 o'clock tomorrow morning.

760

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia Thursday, February 23, 1961

The House met pursuant to adjournment at 10:30 o'clock, A.M., this day and was called to order by the Speaker.

Prayer was offered by the Chaplain.

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

Mr. Black of Webster, Chairman of the Committee on Auditing, Enrolling, Engrossing and Journals reported that the Journal of the previous legislative day 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 uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions.

The following report of the Committee on Rules was read and adopted:

Mr. Speaker:

Your Committee on Rules met and fixed the calendar for today's business, Thursday, February 23, 1961, and submits the following:

1. HB

25. School district, financial assistance, pp. 2/23/61

2. HR 55-142. Compensate Hubert Kidd

3. HB 153. Prison Industries Act, manufacture certain items

4. HR 66-171. Compensate Fish Howard

5. HB 220. Cost of relocating water facilities, Highway Dept.

6. HR 81-249. Compensate H. L. Hackney

7. HR 86-253. Compensate Seaboard Constr. Co.

8. HR 89-269. Compensate Mary Lee

9. HR 91-269. Compensate Pairlon B. Bennett

10. HR 93-269. Compensate Frances S. Ivey

THURSDAY, FEBRUARY 23, 1961

761

11. HR 95-269. Compensate Joseph Paul Larman 12. HB 292. Power of eminent domain, procedure 13. HB 293. Power of eminent domain, special master 14. HB 294. Condemnation of private property 15. HB 316. Collection Agencies, licensing (P.P.) 16. HB 336. Insurers invest in Revenue Bonds 17. HB 377. Office Bldg. Authority Act, amend 18. HB 387. Ordinaries' Retirement Fund, amend 19. HR 142-408. Convey land, Cook County 20. HB 491. State Literature Commission, amend 21. HB 514. State Personnel Board, Health Ins.
Respectfully submitted, Twitty of Mitchell, Vice-Chairman Undercofler of Sumter, Secretary

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

HB 580. By Messrs. Smith of Grady, Sinclair of Macon and Tabb of Miller:
A Bill to be entitled an Act to amend an Act relating to the levy and exemption therefrom of an excise tax on motor fuels and kerosene, so as to provide for a refund of said tax to nurserymen who otherwise qualify for said refunds; and for other purposes.
Referred to the Committee on Agriculture.

HB 581. By Messrs. Smith of Grady, Underwood of Montgomery, Jones of Lib erty, Hull of Richmond and Busbee of Dougherty:
A Bill to be entitled an Act to amend an Act relating to when it is proper to direct verdicts in jury trials; and for other purposes.
Referred to the Committee on Judiciary.

HB 582. By Mr. Clark of Catoosa:
A Bill to be entitled an Act to amend an Act to create the office of Tax Commissioner of Catoosa County; and for other purposes.
Referred to the Committee on Local Affairs.

HB 583. By Messrs. Kelly of Jasper, Bynum of Rabun, Fleming of Richmond, Shunian of Bryan, Knight of Laurens, Steis of Harris, and others:
A Bill to be entitled an Act to transfer the Department of State Parks from the Division of Conservation to the State Game and Fish Commis sion; and for other purposes.
Referred to the Committee on Natural Resources.

762

JOURNAL OP THE HOUSE,

HB 584. By Mr. Rogers of Paulding:
A Bill to be entitled an Act to amend an Act supplementing the compen sation of the Sheriff of certain counties; and for other purposes.
Referred to the Committee on Local Affairs.

HB 585. By Mr. Undercofler of Sumter:
A Bill to be entitled an Act to amend an Act relating to the special master procedure for exercising the power of eminent domain, so as to redefine the term "condemning body" as used in the Act; and for other purposes.
Referred to the Committee on State of Republic.

HB 586. By Mr. Akins of Union:
A Bill to be entitled an Act to amend an Act creating the office of Tax Commissioner so as to change the salary of the Tax Commissioner of Union County; and for other purposes.
Referred to the Committee on Local Affairs.

HB 587. By Mr. Clark of Catoosa:
A Bill to be entitled an Act to amend an Act creating the office of Com missioner of Roads and Revenue of the County of Catoosa; and for other purposes.
Referred to the Committee on Local Affairs.

HB 588. By Mr. Clark of Catoosa:
A Bill to be entitled an Act to amend an Act providing for a clerical assistant to the Sheriff of Catoosa County; and for other purposes.
Referred to the Committee on Local Affairs.

HB 589. By Mr. Undercofler of Sumter:
A Bill to be entitled an Act to amend an Act known as the "Urban Re development Law," so as to provide for certain findings by the local governing body when the urban redevelopment area consists of open lands; and for other purposes.
Referred to the Committee on State of Republic.

HB 590. By Messrs. Bynum of Rabun, Matthews of Colquitt, Williams of Hall, Andrews of Stephens and Purcell of Franklin:
A Bill to be entitled an Act to amend an Act relating to public Revenue, pertaining to governing and controlling motor vehicle licenses; and for other purposes.
Referred to the Committee on Ways and Means.

HB 591. By Mr. Kimmons of Pierce: A Bill to be entitled an Act to amend an Act relating to fishing on the

THURSDAY, FEBRUARY 23, 1961

763

Sabbath, so as to provide that it shall only be unlawful to engage in commercial fishing on the Sabbath; and for other purposes.
Referred to the Committee on Natural Resources.

HB 592. By Mr. Murphy of Haralson:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Bremen; and for other purposes.
Referred to the Committee on Local Affairs.

HB 593. By Messrs. Lovett of Laurens and Howard of DeKalb:
A Bill to be entitled an Act to reorganize the State Department of Law, so as to eliminate therefrom the right of State Officials to appear with their witnesses before grand juries while considering indictments for malfeasance in office; and for other purposes.
Referred to the Committee on State of Republic.

HB 594. By Messrs. Lovett of Laurens and Howard of DeKalb:
A Bill to be entitled an Act to amend an Act relating to the indictment of county officials for malpractice while in office, so as to eliminate therefrom the right of said officials and their witnesses to appear before the grand jury; and for other purposes.
Referred to the Committee on State of Republic.

HB 595. By Mr. Parris of Barrow:
A Bill to be entitled an Act creating a new charter for the City of Winder, so as to provide that the Mayor and Council shall be authorized to make sanitary assessments on property and lots within said city; and for other purposes.
Referred to the Committee on Local Affairs.
HB 596. By Mr. Caldwell of Upson:
A Bill to be entitled an Act relating to motor vehicle registration and license fees; relating to the proration fees for parts of a year and the time for registering and paying the required fees; and for other pur poses.
Referred to the Committee on Motor Vehicles.
HB 597. By Messrs. Lanier of Candler and Strickland of Evans:
A Bill to be entitled an Act to amend an Act known as the Georgia Seed Law, so as to provide that each lot of seed shall be labelled to show the actual germination and the date of the test to show such germination; and for other purposes.
Referred to the Committee on Agriculture.
HB 598. By Messrs. Andrews and Williams of Hall:
A Bill to be entitled an Act to provide for the suspension of the payment

764

JOURNAL OF THE HOUSE,

of benefits, under certain conditions, to persons who have retired from the Teachers' Retirement System or the State Employees Retirement System; and for other purposes.
Referred to the Committee on State of Republic.

HB 599. By Messrs. Andrews and Williams of Hall:
A Bill to be entitled an Act to amend an Act establishing the State Em ployees' Retirement System, so as to change the provisions relating to persons who are members of the Teachers Retirement System of Georgia becoming employees of an agency subject to the provisions of this Act; and for other purposes.
Referred to the Committee on State of Republic.
HR 187-599. By Messrs. Smith of Emanuel and Caldwell of Upson:
A Resolution to authorize the State Revenue Commissioner, in the reg istration of motor and other vehicles, to furnish a license plate of such quality as well last for more than one year, and annually, thereafter, for as long as he finds it feasible, to issue a metal strip or disc or other similar indicia, to be affixed thereto and show the annual registration, as required by law, of the vehicle to which attached in lieu of a complete plate as has been the practice; and for other purposes.
Referred to the Committee on Motor Vehicles.
HR 188-599. By Mr. Budd of Lowndes:
A Resolution to compensate Miss Effie Eugenia Carroll; and for other purposes. (State Highway)
Referred to the Committee on Appropriations.
HR 189-599. By Mr. Crawf ord of Chatham:
A Resolution to compensate Employers Casualty Insurance Company; and for other purposes.
Referred to the Committee on Appropriations.
HR 190-599. By Mr. Crawford of Chatham:
A Resolution to compensate Sav-A-Stop, Inc.; and for other purposes.
Referred to the Committee on Appropriations.
HR 191-599. By Mr. Jernigan of Clinch:
A Resolution to compensate the Slash Pine Electric Membership Cor poration; and for other purposes. (Highway Dept.)
Referred to the Committee on Appropriations.
HR 192-599. By Mr. Odom of Dougherty:
A Resolution to compensate Mr. James W. Wood and Mrs. Vierra Wood; and for other purposes. (Parks Dept.)
Referred to the Committee on Appropriations.

THURSDAY, FEBRUARY 23, 1961

765

HB 600. By Messrs. Keyton and Bozeman of Thomas, NeSmith of Meriwether, Cocke of Terrell, Hall of Lee, Fuqua of Richmond and others:
A Bill to be entitled an Act to authorize the governing authorities of the various counties to make, adopt, amend, and repeal building, housing, electrical, plumbing, gas and other similar codes; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 601. By Mr. Budd of Lowndes:
A Bill to be entitled an Act to provide that no advertising agency or media shall charge any rates for their services in excess of those charges in effect for similar subscribers of such services for any political adver tisement or program; and for other purposes.
Referred to the Committee on Industry.

HB 602. By Mr. Budd of Lowndes:
A Bill to be entitled an Act to amend an Act relating to the penalty for fraudulently making, drawing, uttering, or delivering any check, draft, or order for payment of money, so as to provide that in certain instances violations of this section shall be a felony; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 603. By Mr. Budd of Lowndes:
A Bill to be entitled an Act to amend an Act relating to the penalty for wrongful sale or removal of mortgaged property, so as to provide that in certain instances a violation of this section shall be deemed a felony; and for other purposes.
Referred to the Committee on Special Judiciary. i
HB 604. By Mr. Budd of Lowndes:
A Bill to be entitled an Act to provide a procedure to be followed in con nection with the expenditure of public funds when competitive bids are required; and for other purposes.
Referred to the Committee on State of Republic.

HB 605. By Mr. Kirkland of Tattnall:
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 Tattnall; and for other purposes.
Referred to the Committee on Local Affairs.

HB 606. By Mr. Kirkland 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.

766

JOURNAL OF THE HOUSE,

HB 607. By Mr. Fowler of Treutlen:
A Bill to be entitled an Act to provide that where two or more persons now or in the future own lands and tenements as common owners, whether as life tenants or otherwise, any one or more of such owners may compel a partition, which may upon a proper judgment of the Superior Court based upon an application therefor, bind all parties interested whether in possession, reversion or remainder, and whether or not those entitled to take as remaindermen or reversioners are in ease; and for other pur poses.
Referred to the Committee on Judiciary.
HB 608. By Messrs. Steis of Harris, Ross of Lincoln, Howard of DeKalb, Caldwell of Upson, Jernigan of Clinch, Stuckey of Dodge and others:
A Bill to be entitled an Act to amend an Act which provides for the limitation on Cities' right of taxation by exempting from taxation trav eling salesmen, so as to exempt certain merchants and dealers and their employees from municipal taxation; and for other purposes.
Referred to the Committee on Ways and Means.
HB COO. By Messrs. Greene and Crowe 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; and for other purposes.
Referred to the Committee on Local Affairs.
HB 610. By Messrs. Greene and Crowe of Bartow:
A Bill to be entitled an Act creating a new charter for the City of Car tersville, so as to change the corporate limits of said city; and for other purposes.
Referred to the Committee on Local Affairs.
HB 611. By Messrs. Greene and Crowe 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; and for other purposes.
Referred to the Committee on Local Affairs.
HB 612. By Messrs. Floyd and Loggins of Chattooga:
A Bill to be entitled an Act to provide that the Ordinary of Chattooga County be placed on a salary basis in lieu of a fee system of compensa tion; and for other purposes.
Referred to the Committee on Local Affairs.
HB 613. By Messrs. Abney and Coker of Walker:
A Bill to be entitled an Act to amend the Charter of the City of Rossville, so as to change the corporate limits; and for other purposes.
Referred to the Committee on Local Affairs.

THURSDAY, FEBRUARY 23, 1961

767

HB 614. By Mr. Clark of Catoosa:
A Bill to be entitled an Act to amend the Charter of the Town of Fort Oglethorpe, so as to enlarge the corporate limits; and for other purposes.
Referred to the Committee on Local Affairs.
HR 209-614. By Messrs. Taylor, Phillips and Thornton of Bibb:
A Resolution compensating Emory E. Griffin; and for other purposes. (State Highway Dept.)
Referred to the Committee on Appropriations.
HR 210-614. By Messrs. Fuqua and Hull of Richmond, NeSmith of Meriwether, Pelham of Schley, Mackay of DeKalb, Flexer of Glynn and others:
A Resolution creating a committee to study the Uniform Commercial Code; and for other purposes.
Referred to the Committee on Rules.
HB 615. By Messrs. Howard, Rutland and Mackay of DeKalb:
A Bill to be entitled an Act creating and establishing the Civil Court of DeKalb County and all acts amendatory thereof so as to provide for the salaries of the judges; to provide for the salaries of the solicitor; to provide for the salaries of the clerk and marshal of said court; to pro vide for the appointment of assistant solicitor, to fix salaries of the assistant solicitors of said court; and for other purposes.
Referred to the Committee on Local Affairs.
HB 616. By Messrs. Howard, Rutland and Mackay of DeKalb:
A Bill to be entitled an Act to amend an Act approved March 6, 1956 fixing, prescribing and establishing compensation and/or salaries of the elected county officials of and in the County of DeKalb, including the Ordinary, Clerk of Superior Court, the Sheriff and Tax Commissioner, adjusting the salaries; and for other purposes.
Referred to the Committee on Local Affairs.
HB 617. By Messrs. Mackay, Howard and Rutland of DeKalb:
A Bill to be entitled an Act to amend an Act approved March 9, 1943, providing for the official court reporter for the Mountain Judicial Cir cuit, by providing increase in the salary of such official reporter; to increase fees for transcribing cases; and for other purposes.
Referred to the Committee on Local Affairs.
HB 618. By Messrs. Mackay, Howard and Mackay of DeKalb:
A Bill to be entitled an Act to amend an Act providing that count'es having a population of more than 200,000, shall furnish aid and relief and pensions to regular members of the county police department so as to change population figure to "500,000 according to U.S. Census of 1960"; and for other purposes.
Referred to the Committee on Local Affairs.

768

JOURNAL OP THE HOUSE,

t

HB 619. By Messrs. Howard, Rutland and Mackay of DeKalb:

A Bill to be entitled an Act to amend an Act revising, superseding and consolidating the laws pertaining to the governing authority of DeKalb County, so as to prescribe the salary for the Chairman of Board of Commissioners of Roads and Revenues and the manner of payment thereof; and for other purposes.

Referred to the Committee on Local Affairs.

Mr. Ray of Warren County, Chairman of the Committee on Appropriations, submitted the following report:

Mr. Speaker:

Your Committee on Appropriations has had under consideration the following Resolutions of the House and Senate and has instructed me, as Chairman, to report the same back to the House with the following recommendations:

HR 127-383. Do Pass.

SR

13. Do Pass.

Respectfully submitted,

Ray of Warren, Chairman.

Mr. Ray of Warren County, Chairman of the Committee on Appropriations, submitted the following report:
Mr. Speaker: Your Committee on Appropriations 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 524. Do Pass. HR 128-383. Do Pass, as Amended. HR 83-249. Do Pass. HR 92-269. Do Pass. HR 141-408. Do Pass. HR 149-447. Do Pass. HR 173-538. Do Pass. HR 56-142. Do Pass, as Amended.
Respectfully submitted,
Ray of Warren, Chairman.
Mr. Hall of Floyd County, Chairman of the Committee on Education, sub mitted the following report:
Mr. Speaker: Your Committee on Education has had under consideration the following

THURSDAY, FEBRUARY 23, 1961

769

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 537. Do Pass.

HB 395. Do Pass.

HB 542. Do Pass.

HB 317. Do Pass.

HB 560. Do Pass, as Amended.

SB 24. Do Pass.

Respectfully submitted,

Hall of Floyd, Chairman.

Mr. Ballard of Newton County, Chairman of the Committee on Highway, submitted the following report:
Mr. Speaker:
Your Committee on Highway 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 401. Do Pass, by Substitute.

HR 168-511. Do Pass.

Respectfully submitted,

Ballard of Newton, Chairman.

Mr. Barber of Jackson County, Chairman of the Committee on Hygiene and Sanitation, submitted the following report:
Mr. Speaker:
Your Committee on Hygiene and Sanitation has had under consideration the following Bills of the House and Senate and has instructed me, as Chairman, to report the same back to the House with the following recommendations:

SB 32. Do Pass, as Amended.

HB 418. Do Pass.

HB 326. Do Pass, as Amended.

HB 540. Do Pass.

Respectfully submitted,

Barber of Jackson, Chairman.

770

JOURNAL OF THE HOUSE,

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 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 86. Do Pass.
HB 166. Do Pass.
HB 219. Do Pass, by Substitute. HB 230. Do Pass.
HB 270. Do Pass. HB 322. Do Pass. HB 393. Do Pass. HB 432. Do Pass. HB 195. Do Pass, by Substitute.
Respectfully submitted, Pickard of Muscogee, Chairman.

Mr. Cox of Clarke County, Chairman of the Committee on State Institutions and Property, submitted the following report:
Mr. Speaker:
Your Committee on State Institutions and Property has had under considera tion 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 recommenda tions :
HR 167-511. Do Pass.
HB 493. Do Pass.
Respectfully submitted,
Cox of Clarke, Chairman.

Mr. Busbee of Dougherty 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:
HB 437. Do Pass.
SB 70. Do Pass.

THURSDAY, FEBRUARY 23, 1961

771

SB 57. Do Pass. SB 56. Do Pass, as Amended. HB 358. Do Pass. SB 41. Do Pass, by Substitute. HB 534. Do Pass. HB 533. Do Pass, as Amended.

Respectfully submitted,
Busbee of Dougherty, Chairman.

Mr. Underwood of Montgomery 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 186.

Do Pass.

HB 339.

Do Pass.

HB 420.

Do Pass.

HB 421.

Do Pass.

HB 422.

Do Pass.

HB 423.

Do Pass.

HB 425.

Do Pass.

HB 426.

Do Pass.

HB 428.

Do Pass.

HB 430.

Do Pass.

HB 431.

Do Pass.

HB 440.

Do Pass.

HB 415.

Do Pass.

HB 424.

Do Pass.

HB 427.

Do Pass.

HB 435.

Do Pass.

HB 438.

Do Pass.

HB 439.

Do Pass.

HB 443.

Do Pass.

HB 444.

Do Pass.

HB 445.

Do Pass.

772
HB 446. HB 447. HB 448. HB 449. HB 451. HB 465. HB 468. HB 476. HB 470. HB 471. HB 472. HB 473. HB 474. HB 475. HB 478. HB 479. HB 489. HB 454. HB 455. HB 464. HB 477. HB 480. HB 483. HB 485. HB 484. HB 486. HB 487. HB 498. HB 499. HB 500. HB 469. HB 503. HB 505. HB 506.

JOURNAL OP THE HOUSE,
Do Pass. Do Pass. Do Pass. Do Pass. Do Pass. Do Pass. Do Pass. Do Pass. Do Pass. Do Pass. Do Pass. Do Pass. Do Pass. Do Pass. Do Pass. Do Pass. Do Pass, as Amended. Do Pass. Do Pass. Do Pass. Do Pass. Do Pass. Do Pass. Do Pass. Do Pass. Do Pass. Do Pass. Do Pass. Do Pass. Do Pass. Do Pass. Do Pass. Do Pass. Do Pass.

THURSDAY, FEBRUARY 23, 1961

773

HB 507. HB 511. HB 488. HB 329. HB 463. SB 77. SB 87. HR 148-447. HR 162-453. HR 169-511. HR 170-511. HR 172-511.

Do Pass. Do Pass. Do Pass, as Amended. Do Pass, by Substitute. Do Pass, as Amended. Do Pass. Do Pass. Do Pass. Do Pass. Do Pass. Do Pass. Do Pass.

Respectfully submitted,
Underwood of Montgomery, Chairman.

Mr. Twitty of Mitchell County, Vice-Chairman of the Committee on Rules, submitted the following report:
Mr. Speaker:
Your Committee on Rules has had under consideration the following Reso 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 136. Do Pass.
HR 157. Do Pass.
HR 196. Do Pass.
SR 41. Do Pass.
Respectfully submitted,
Twitty of Mitchell, Vice-Chairman.

Mr. Bolton of Spalding 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 Resolutions of the House and Senate and has instructed me as Chairman, to report the same back to the House with the following recom mendations :
SB 104. Do Pass, as Amended.
SR 10. Do Pass.

774

JOURNAL OP THE HOUSE,

SB 60. Do Pass. HB 274. Do Pass. HB 492. Do Pass, as Amended. HB 386. Do Pass.

Respectfully submitted,
Bolton of Spalding, Chairman.

Mr. McCracken of Jefferson County, Chairman of the Committee on State of Republic, submitted the following report:
Mr. Speaker:
Your Committee on State of Republic has had under consideration 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 323. Do Pass.

SB 33. Do Pass.

SB 90. Do Pass.

HB 343. Do Not Pass.

Respectfully submitted,
McCracken of Jefferson, Chairman.

Mr. Matthews of Clarke County, Chairman of the Committee on University System of Georgia, submitted the following report:

Mr. Speaker:

Your Committee on University System of Georgia has had under considera tion the following Bill and Resolution of the Senate and has instructed me as Chairman, to report the same back to the House with the following recom
mendations :

SR 26. Do Pass.

SB 23. Do Pass.

Respectfully submitted,
Matthews of Clarke, 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-

THURSDAY, FEBRUARY 23, 1961

775

lowing Bills of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 255. Do Pass.
HB 328. Do Pass.
HB 74. Do Not Pass.
Respectfully submitted,
Blalock of Clayton, Chairman.

The following minority report on HB 74 was filed with the Clerk:
MINORITY REPORT ON COMMITTEE SUBSTITUTE FOR HB 74 BEFORE THE WAYS AND MEANS COMMITTEE OF THE HOUSE
Committee Substitute for HB 74 was discussed before the Ways and Means Committee on February 22, 1961, and after hearing from the author, Mr. Moate of Hancock County moved that said Committee Sub stitute for HB 74 be passed and said motion failed to pass by a vote of seven to six with the Chairman casting the deciding vote.
Due to the fact that this bill has fifty-two members of the House signed on the main bill and due to the fact that it is felt by the under signed that this bill by Committee Substitute should reach the Floor of the House, this Minority Report is herewith submitted.
Respectfully submitted,
Marvin E. Moate N. D. Horton, Jr. Wales Flynt Frank G. Birdsong David C. Jones

By unanimous consent, the following Bills and Resolutions of the House were read the second time:
HB 542. By Mr. Smith of Habersham:
A Bill to be entitled an Act to amend an Act relating to admissions to the common schools of this State, so as to authorize the Board of Edu cation of any county, City or independent school district to regulate the attendance of married students in the public schools in this State, and for other purposes.

HB 543. By Messrs. Williams of Hall, Singer of Stewart, Mathews of Clarke, Andrews of Stephens, Barber of Jackson and Cox of Clarke:
A Bill to be entitled an Act to amend an Act entitled "Structural Pest Control Act, so as to repeal the provision limiting the licensing power of municipalities"; and for other purposes.
HB 544. By Mr. Crawford of Chatham:
A Bill to be entitled an Act to amend an Act relating to the validation of bonds by county, municipal, or other political subdivisions, so as to

776

JOURNAL OF THE HOUSE,

provide for the procedure to be followed when said bond issues are authorized by Resolution; and for other purposes.

HB 545. By Messrs. Echols of Upson and Paris of Barrow:
A Bill to be entitled an Act to provide that the physical presence of 864 fluid ounces of malt beverages in a public place of business not licensed to deal in such beverages shall be prima facie evidence of possession of such beverage for the purpose of sale; and for other purposes.

HB 546. By Mr. Akins of Union:
A Bill to be entitled an Act to change the compensation of the Sheriff, the Ordinary, and the Clerk of the Superior Court of Union County from the fee system to the salary system; and for other purposes.

HB 347. By Messrs. Andrews and Williams of Hall:
A Bill to be entitled an Act to amend the charter of the City of Gainesville with respect to dates for returning and paying ad valorem taxes in the City of Gainesville, and for other purposes.

HB 548. By Messrs. Andrews and Williams of Hall:
A Bill to be entitled an Act to amend the Civil Service Act of 1960 for the City of Gainesville, by providing that applicants for positions as office employees in the Classified Service of the City may be between the ages of 18 and 35 rather than 21 and 35, and for other purposes.
HB 549. By Messrs. Andrews and Williams of Hall:
A Bill to be entitled an Act to amend the charter of the City of Gaines ville, by changing the corporate limits by annexing thereto a portion of U. S. Highway No. 129 and property acquired and to be acquired by the City of Gainesville for public school purposes, and for other pur poses.
HB 550. By Mr. Mixon of Irwin:
A Bill to be entitled an Act to amend an Act to incorporate the City of Ocilla, and for other purposes.
HB 551. By Mr. Mixon of Irwin:
A Bill to be entitled an Act to amend an Act to incorporate the City of Ocilla relating to water and gas systems, and for other purposes.
HB 552. By Messrs. Massee of Pulaski, Ployd of Chattooga, Shuman of Bryan, Vaughn of Rockdale, Teague of Cobb, Wickham of Muscogee and Sum mers of Crisp:
A Bill to be entitled an Act to provide for an increase in the salaries of teachers; and for other purposes.
HB 553. By Messrs. Taylor, Phillips and Thornton of Bibb:
A Bill to be entitled an Act authorizing the City of Macon, through its governing authority, to close for street purposes all that portion of

THURSDAY, FEBRUARY 23, 1961

777

the ten-foot alley known as Orange Street Lane in Square 82 of said city; and for other purposes.

HB 554. By Messrs. Murphy of Haralson and Carswell of Wilkinson:
A Bill to be entitled an Act to amend an Act relating to the levy and exemptions therefrom of an income tax, so as to increase the tax rate on certain income brackets; to provide for a deduction in the computa tion of gross income of that amount paid for federal income taxes, or $800.00, whichever is smaller; and for other purposes.

HB 555. By Messrs. Ware and Birdsong of Troup:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of West Point; and for other purposes.

HB 556. By Mr. Murphy of Haralson:
A Bill to be entitled an Act to amend an Act known as the "Used Car Dealers' Registration Act", so as to provide that said Act shall be applicable in all counties having a population of not less than 14,500 nor more than 14,900; and for other purposes.

HB 557. By Messrs. Dicus, Pickard and Wickham of Muscogee:
A Bill to be entitled an Act to authorize the construction, establishment and maintenance of a law library and facilities in counties having a population of not less than 150,000 nor more than 175,000, for the use of judges, solicitors, and other officers of the courts of said counties; and for other purposes.
HB 558. By Mr. NeSmith of Meriwether:
A Bill to be entitled an Act to amend an Act incorporating the City of Manchester; to annex certain territory to the corporate limits; and for other purposes.
HB 559. By Mr. Phillips of Walton:
A Bill to be entitled an Act to amend the charter of the City of Monroe, so as to provide for a Board of Police Commissioners; and for other purposes.
HB 560. By Messrs. Barber of Jackson, Jernigan of Clinch, Hall of Floyd, and others:
A Bill to be entitled an Act to amend an Act establishing a retirement system for teachers in the State public schools and other State sup ported schools, so as to change the provisions for optional service retire ment benefits; to change the method of computing a member's service retirement allowance; to change the amount deducted from member's earnable compensation; to change the per centum contribution of the employer; and for other purposes.
HB 561. By Messrs. Doster of Wilcox and Roper of Greene:
A Bill to be entitled an Act to provide for a tax on soft drinks and soft drink syrup; to provide for definitions; to provide the amount and

778

JOURNAL OF THE HOUSE,

procedure relative to such tax; to provide for permits; to provide for tax liens; and for other purposes.

HB 562. By Messrs. Loggins and Floyd of Chattooga:
A Bill to be entitled an Act to amend the City Court of Chattooga County and create the Office of City Court Solicitor in said County; and for other purposes.

HB 563. By Messrs. Loggins and Floyd of Chattooga:
A Bill to be entitled an Act to amend an Act to incorporate the Town of Menlo, in the County of Chattooga; and for other purposes.

HB 564. By Messrs. Floyd and Loggins of Chattooga:
A Bill to be entitled an Act to consolidate all of the Laws chartering the City of Summerville; and for other purposes.

HB 565. By Messrs. Lee and Blalock of Clayton:
A Bill to be entitled an Act to amend an Act incorporating the Town of Forest Park, now City of Forest Park; and for other purposes.

HB 566. By Messrs. Lee and Blalock of Clayton:
A Bill to be entitled an Act to amend an Act incorporating the City of Morrow; and for other purposes.

HB 567. By Messrs. Chandler and Kidd of Baldwin:
A Bill to be entitled an Act to provide for a five year moratorium on the collection of income taxes for certain corporations; and for other purposes.

HB 568. By Messrs. Jernigan of Clinch and Hall of Floyd:
A Bill to be entitled an Act to amend an Act known as the "Minimum Foundation Program of Education, so as to provide that any and all increases in teachers' salaries shall be borne proportionately from state and local funds; and for other purposes.

HB 569. By Messrs. Raulerson of Echols, Jernigan of Clinch and Moorman of Lanier:
A Bill to be entitled an Act to amend an Act relating to honey bees, so as to authorize the payment of indemnity for colonies of bees de stroyed in the eradication of fowlbrood; and for other purposes.

HB 570. By Mr. Underwood of Montgomery:
A Bill to be entitled an Act authorizing and directing the Chairman of the State Highway Board or other official to charge and collect fees and issue special permits for the operation of motor vehicles whose dimensions or weight exceed the limits prescribed by law; and for other purposes.

THURSDAY, FEBRUARY 23, 1961

779

HB 571. By Messrs. Rutland, Howard and Mackay of DeKalb:
A Bill to be entitled an Act to amend an Act relating to Coroners in certain counties; and for other purposes.

HR 180-571. By Mr. McCutchen of Gilmer:
A Resolution authorizing and directing the State Librarian to furnish certain law books for the Clerk of the Superior Court of Gilmer County; and for other purposes.

HR 181-571. By Mr. Matthews of Clarke:
A Resolution to compensate A. L. Dixon, Jr.; and for other purpose*. (State Forestry Dept.), and for other purposes.

HR 182-571. By Mr. Wells of Camden:
A Resolution relative to the Bridge over the St. Marys River on U. S. Highway No. 17; and for other purposes.

HR 183-571. By Mr. Matthews of Clarke:
A Resolution to compensate F. Ford Millikan; and for other purposes. (State Highway Dept.).

HR 184-571. By Messrs. McClelland, Smith and Brooks of Fulton, Mackay, Howard and Rutland of DeKalb:
A Resolution providing for a Commission to study and investigate the laws, rules, regulations and procedures of the several courts having territorial jurisdiction of civil action and criminal offenses in the City of Atlanta and in Fulton County below the grade of the Superior Court; and for other purposes.
HB 572. By Mr. Brooks of Oglethorpe:
A Bill to be entitled an Act to amend an Act creating the Office of Commissioner of Roads and Revenues for Oglethorpe County; and for other purposes.

HB 573. By Mr. Morris of Tift:
A Bill to be entitled an Act to change the compensation of the taxcommissioner of Tift County from the fee system to the salary system; and for other purposes.

HB 574. By Mr. Morris of Tift:
A Bill to be entitled an Act to change the compensation of the Sheriff, the Ordinary, the Clerk of the Superior Court of Tift County from the fee system to the salary system; and for other purposes.

HR 185-574. By Mr. Bynum of Rabun:
A Resolution designating the Paul A. Green Bridge; and for other purposes.

780

JOURNAL OF THE HOUSE,

HB 575. By Mr. McGarity of Henry:
A Bill to be entitled an Act to create the Henry County Water Author ity; and for other purposes.

HB 576. By Mr. McGarity of Henry:
A Bill to be entitled an Act to amend an Act incorporating the City of Hampton (formerly Town of Hampton) ; and for other purposes.

HB 577. By Mr. McGarity of Henry:
A Bill to be entitled an Act to protect the health and safety of the residents of Henry County being outside the corporate limits of munici palities; to authorize the governing authorities of Henry County to make, adopt, amend, and repeal building, housing, electrical, plumbing, gas and other similar codes, including all necessary rules and regula tions pertaining to such codes; and for other purposes.

HR 186-577. By Mr. Morgan of Gwinnett:
A Resolution to compensate V. H. Puckett; and for other purposes. (Dept. of Corrections).

HB 578. By Messrs. Story and Morgan of Gwinnett:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Norcross, so as to extend the corporate limits; and for other purposes.

HB 579. By Messrs. Story and Morgan of Gwinnett:
A Bill to be entitled an Act to amend an Act creating the Office of Tax Commissioner of Gwinnett County; and for other purposes.

SB 23. By Senator Brown of the 52nd:
A Bill to be entitled an Act to repeal an Act governing the admission of students to the University of Georgia and all of its branches as to age; to declare exceptions thereto; and for other purposes.
SR 39. By Senators Sanders of the 18th and Knox of the 54th:
A Resolution requesting Congress to propose an amendment to the United States Constitution; and for other purposes.
SR 41. By Senator Sanders of the 18th:
A Resolution expressing regret at the passing of Honorable Prince H. Preston; and for other purposes.
SB 63. By Senator Smalley of the 26th:
A Bill to be entitled an Act to amend Code Chapter 92-57, containing miscellaneous provisions relating to return, assessment, and collection of taxes, so as to add a new Section to be known as Code Section 92-5713; provide for payment of real property taxes by owner or trans feree on property and release tax liens; and for other purposes.

THURSDAY, FEBRUARY 23, 1961

781

SB 78. By Senator Conger of the 8th:
A Bill to be entitled an Act creating the Georgia Milk Commission, defining membership, duties, and powers thereof; regulate sale of milk, so as to provide that a licensee may contract for sale of milk to any school or institution supported by public funds; and for other purposes.

SB 84. By Senator Sanders of the 18th:
A Bill to be entitled an Act to amend Code Section 24-406, relating to the election to fill a vacancy for justoce of peace, so as to provide that the ordinary shall call election; provide for holding election; and for other purposes.

SB 85. By Senator Sanders of the 18th:
A Bill to be entitled an Act to repeal an Act relating to the method of providing for the publication of proposed amendments to the Constitu tion; and for other purposes.

SB 88. By Senator Brown of the 52nd:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of East Point in Fulton County, Georgia, and the several Acts amendatory thereof; and for other purposes.

SB 91. By Senator Ponsell of the 5th:
A Bill to be entitled an Act to consolidate and abolish the offices of the Tax Collector and Tax Receiver of Ware County; to create the office of Tax Commissioner of Ware County; and for other purposes.
SB 92. By Senators Jackson of the 24th and Whisnant of the 25th:
A Bill to be entitled an Act entitled "The Georgia Professional Associa tion Act, to define "Professional Service", and "Professional Associa tion", to authorize the formation of unincorporated associations by any two or more persons who desire to associate for the purpose of carrying on a profession; and for other purposes.
SB 95. By Senator Blalock of the 36th:
A Bill to be entitled an Act making it a misdemeanor for any person, partners of a partnership, or officers of a corporation, engaged in the undertaking business to allow the interment of any jewelry with a deceased person without obtaining a written release from the next of kin for such jewelry's interment; and for other purposes.
SB 96. By Senator Mitchell of the 43rd:
A Bill to be entitled an Act to supplement the salary of the Judge of the Superior Court for the Cherokee Judicial Circuit by providing Whitfield County's contribution; and for other purposes.
SB 97. By Senator Ponsell of the 5th:
A Bill to be entitled an Act to abolish the fee system in the office of the Sheriff of the City Court of Waycross, Clerk of Superior Court,

782

JOURNAL OP THE HOUSE,

Sheriff and Ordinary of Ware County, and place said officers on a salary system; to provide procedure connected therewith; and for other purposes.

SB 98. By Senator Ponsell of the 5th:
A Bill to be entitled an Act to abolish the fee system in the offices of the Tax Collector and Tax Receiver of Ware County and place on a salary; to provide procedure connected therewith; and for other pur poses.

SB 101. By Senator McWhorter of the 34th:
A Bill to be entitled an Act to amend an Act approved Aug. 17, 1909, to create and establish a new charter and municipal government for the City of Decatur, DeKalb County; and the several Acts amendatory thereof, so as to provide for street, sidewalk, or curb improvements where such street, sidewalk or curb abuts property on both front and side; and for other purposes.

SB 102. By Senator Owens of the 32nd:
A Bill to be entitled an Act to amend an Act consolidating the office of Tax Receiver and the office of Tax Collector of Lumpkin County into one office of Tax Commissioner of said County; to repeal conflict ing laws; and for other purposes.

SB 103. By Senator Owens of the 32nd:
A Bill to be entitled an Act to amend an Act creating the office of the Commissioner of Roads and Revenues for Lumpkin County, so as to authorize an expense allowance for the commissioner; and for other purposes.

SB 105. By Senator Ponsell of the 5th:
A Bill to be entitled an Act to create a Board of Commissioners of Roads and Revenues in the County of Ware; and for other purposes.

SB 107. By Senator Brown of the 52nd:
A Bill to be entitled an Act to authorize and make lawful the invest ment of funds of county boards of education in counties having a popu lation of more than 500,000; to define the circumstances under which the same may be invested and for what purposes held; and for other purposes.

SB 108. By Senator Brown of the 52nd:
A Bill to be entitled an Act approved Feb. 16, 1956 (Ga. L. 1956, p. 100) so as to permit boards of education in counties having a population of more than 500,000 to use the form of condemnation procedure per mitted by an Act approved March 13, 1957 (Ga. L. 1957, p. 387), as amended; and for other purposes.

THURSDAY, FEBRUARY 23, 1961

783

SB 109. By Senator Brown of the 52nd:
A Bill to be entitled an Act to amend an Act entitled "An Act to create a civil service board in Fulton County to provide for the appointment and removal of members of said board and their qualifications, term of office, and salaries; and for other purposes, so as to provide a com plete merit system for Fulton County"; and for other purposes.

SB 111. By Senator Raynor of the 4th:
A Bill to be entitled an Act to amend an Act entitled "An Act to create and establish a new charter for the City of Folkston in the County of Charlton; to increase, enlarge, and define the incorporate limits thereof; to declare the rights, powers, privileges of said corporation; and for other purposes.

SB 113. By Senator Grayson of the 1st:
A Bill to be entitled an Act amending the Charter of the Mayor and Aldermen of the City of Savannah and the several Acts amendatory thereto, by submitting to the qualified voters of the City of Savannah, in a referendum election; 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 351. By Mr. Rowland of Johnson:
A Bill to amend an Act to provide that in certain counties, the Board of County Commissioners shall have the power and authority to pay out of county funds a monthly expense allowance of $100.00 to the Sheriffs to be used to mitigate expenses incurred in connection with official duties; and for other purposes.
HB 352. By Mr. Rowland of Johnson:
A Bill to amend an Act providing that the tax receiver in certain coun ties shall be paid from ad valorem school tax collected for the County Board of Education a commission of one and one-half percent of the net amount collected by the county tax collector; and for other purposes
HB 353. By Mr. Rowland of Johnson:
A Bill to amend an Act providing that the tax collector in certain counties shall be paid from ad valorem school taxes collected for the County Board of Education a commission of three and one-half percent of the net amount collected by him; and for other purposes.
HB 354. By Mr. Rowland of Johnson:
A Bill providing that in certain counties the tax collectors shall be entitled to a commission of 10% on all collections in excess of 80% of the total taxes due; and for other purposes.

784

JOURNAL OF THE HOUSE,

The Senate has passed as amended by the requisite constitutional majority the following Bills of the House to wit:

HB 253. By Dr. Miller of Elbert:
A Bill to change the compensation of the Sheriff of Elbert County from the fee system to the salary system; and for other purposes.

HB 66. By Messrs. Bolton of Spalding, Hale of Bade and others:
A Bill to provide that the State Revenue Department shall be author ized to contract with the several counties in order that assistance by the State might be provided to the individual counties in undertaking a property reevaluation and ad valorem tax equalization program within the individual 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 amendment of the House to correct an inad vertent statement of the publisher's affidavit with reference to dates of adver tising notice of intention to introduce a local Bill as follows:

HB 167. By Messrs. Adams and Moore of Polk:
A Bill providing for the extension of the corporate limits of the City of Rockmart, 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 93. By Senator Sanders of the 18th:
A Bill to amend an Act relating to the State Senatorial Districts, ap proved February 1, 1946 (Ga. L. 1946, p. 42), as amended, by an Act approved Feb. 14, 1950 (Ga. L. 1950, p. 165), so as to provide for qualifying with the ordinary of each county in the Senatorial District; to declare members of the Senate to be State Officers; to repeal con flicting laws; and for other purposes.

SB 100. By Senators Sanders of the 18th and Knox of the 54th:
A Bill to amend an Act relating to pensions for firemen, approved March 3, 1955, (Ga. Laws 1955, p. 339), as amended; and for other purposes.

SB 115. By Senator Sanders of the 18th:
A Bill to authorize the State Department of Public Welfare to establish divisions or branches and location of State training schools, provide

THURSDAY, FEBRUARY 23, 1961

785

authority to discontinue to operate any such division or branch of training schools; and for other purposes.

SB 116. By Senator Sanders of the 18th:
A Bill to amend an Act known as the "Aid to the Blind Act", approved Feb. 26, 1937 (Ga. L. 1937, p. 568) as amended particularly by an Act approved February 15, 1952, (Ga. L. 1952, p. 233) ; and for other purposes.

SB 117. By Senator Sanders of the 18th:
A Bill to amend an Act that abolished the Hospital Care Council and the Hospital Advisory Committee and created the Hospital Advisory Council for Construction, Licensure and Indigent Care, approved March 17, 1960 (Ga. Laws 1960, p. 884), so as to increase the membership of said Council; change compensation for members; repeal conflicting laws; and for other purposes.

SR 36. By Senator Mathews of the 48th:
A Resolution proposing an amendment to the Constitution so as to authorize the City of Cordele to issue revenue bonds for the purchase, construction, lease and sale of facilities useful to industry or commerce; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

SB 131. By Senator Conger of the 8th:
A Bill to create and establish an Airport Authority in all counties of this State having a population of not less than 25,000 and not more than 26,000 according to the 1960 census or any future census; 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 186. By Messrs. Lee and Blalock of Clayton:
A Bill amend Code Section 38-1501, so as to increase the payment of fees to any peace officer in certain counties and in certain cases; and for other purposes.

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

On the passage of the Bill, the ayes were 114, nays 0.

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

HB 339. By Messrs. Walker and Budd of Lowndes:
A Bill providing a procedure for the annexation of territory by munici palities located in counties having a certain population; and for other purposes.

786

JOURNAL OF THE HOUSE,

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

On the passage of the Bill, the ayes were 114, nays 0.

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

HB 415. By Mr. Keadle of Lamar:
A Bill creating the office of tax commissioner of Lamar County, so as to change the compensation providing for the payment of clerical help for said 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 114, nays 0.

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

HB 420. By Messrs. Hall and Lowrey of Floyd and Scoggin of Floyd:
A Bill authorizing the Clerk of the Superior Court and other proper officers in certain counties to install and use microfilm photographic equipment in recording all records relating to any court cases; and for other purposes.

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

On the passage of the Bill, the ayes were 114, nays 0.

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

HB 421. By Messrs. Hall, Lowrey and Scoggin of Floyd:
A Bill creating the office of Tax Commissioner of Floyd County, so as to change the compensation accruing to 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 114, nays 0.

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

HB 422. By Messrs. Hall, Lowrey, and Scoggin of Floyd:
A Bill entitled "An Act to provide for the Compensation of the Treas urer of Floyd County;" so as to change the compensation; and for other purposes.

THURSDAY, FEBRUARY 23, 1961

787

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

On the passage of the Bill, the ayes were 114, nays 0.

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

HB 423. By Messrs. Hall, Lowrey, and Scoggin of Floyd:
A Bill providing for the mode and amount of compensation accruing to the offices of Clerk of the Superior Court, Clerk of the City Court, Sheriff and Comptroller of Floyd County; and for other purposes.

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

On the passage of the Bill, the ayes were 114, nays 0.

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

HB 424. By Messrs. Scoggin, Lowrey and Hall of Floyd:
A Bill creating the Rome-Floyd County Industrial Development 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 114, nays 0.

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

HB 425. By Messrs. Hall, Lowrey and Scoggin of Floyd:
A Bill fixing the compensation of and for members of the Board of Roads and Revenues of Floyd County; and for other purposes.

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

On the passage of the Bill, the ayes were 114, nays 0.

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

HB 426. By Messrs. Hall, Lowrey, and Scoggin of Floyd: A Bill providing for the compensation of the members of the County Board of Education of Floyd County; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 114, nays 0.

788

JOURNAL OP THE HOUSE,

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

HB 427. By Messrs. Busbee and Odom of Dougherty:
A Bill creating and establishing a new charter for the City of Albany; and for other purposes.

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

On the passage of the Bill, the ayes were 114, nays 0.

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

HB 428. By Mr. Rogers of Charlton:
A Bill providing for the districting of Charlton County into fire pro tection districts; and for other purposes.

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

On the passage of the Bill, the ayes were 114, nays 0.

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

HB 430. By Messrs. Cox and Matthews of Clarke:
A Bill authorizing the Mayor and Council of the City of Athens to close that portion of Cloverhurst Avenue between Baxter Street and Finley Street in said City, and for other purposes.

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

On the passage of the Bill, the ayes were 114, nays 0.

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

HB 431. By Mr. Otwell of Forsyth:
A Bill providing a new charter for the City of Gumming, to change the corporate limits of the City of Gumming; and for other purposes.

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

On the passage of the Bill, the ayes were 114, nays 0.

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

THURSDAY, FEBRUARY 23, 1961

789

HB 435. By Messrs. Williams and Andrews of Hall:
A Bill creating a Board of Commissioners of Roads and Revenues for Hall County; and for other purposes.

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

On the passage of the Bill, the ayes were 114, nays 0.

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

HB 438. By Messrs. Pickard, Dicus and Wickham of Muscogee:
A Bill conferring upon Muscogee County the right and power to con demn private property and any right or rights therein for the purpose of small watershed projects and for watershed protection and flood control; and for other purposes.

The report of the Committee, which was favorahle to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 114, nays 0.

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

HB 439. By Mr. Stuckey of Dodge:
A Bill changing from the fee system to the salary system in the county of Dodge, State of Georgia, the sheriff of said county and the clerk of the superior court thereof; and for other purposes.

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

On the passage of the Bill, the ayes were 114, nays 0.

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

HB 440. By Mr. Stuckey of Dodge:
A Bill changing from the fee system to the salary system in the County of Dodge, State of Georgia, the sheriff of the said county and the clerk of the superior court thereof; and for other purposes.

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

On the passage of the Bill, the ayes were 114, nays 0.

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

790

JOURNAL OP THE HOUSE,

HB 443. By Mr. Stuckey of Dodge:
A Bill creating the Office of Commissioner of Roads and Revenues 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 114, nays 0.

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

HB 444. By Messrs. Williams and Andrews of Hall:
A Bill creating a Board of Commissioners of Roads and Revenues for Hall County; and for other purposes.

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

On the passage of the Bill, the ayes were 114, nays 0.

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

HB 445. By Mr. Stuckey of Dodge:
A Bill 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 114, nays 0.

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

HB 446. By Mr. White of Mclntosh:
A Bill relating to the incorporation of the City of Darien; and for other purposes.

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

On the passage of the Bill, the ayes were 114, nays 0.

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

HB 447. By Mr. White of Mclntosh:
A Bill relating to the compensation of the Ordinary of Mclntosh County; and for other purposes.

THURSDAY, FEBRUARY 23, 1961

791

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

On the passage of the Bill, the ayes were 114, nays 0.

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

HB 448. By Mr. Jones of Worth:
A Bill relating to the limitation of ad valorem taxation by municipal corporations; and for other purposes.

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

On the passage of the Bill, the ayes were 114, nays 0.

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

HB 449. By Mr. Jones of Worth:
A Bill providing a new charter for the Town of Warwick; and for other purposes.

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

On the passage of the Bill, the ayes were 114, nays 0.

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

HB 451. By Messrs. Matthews and Cox of Clarke:
A Bill fixing the compensation of the judge of the Juvenile Court of Clarke County, Georgia; and for other purposes.

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

On the passage of the Bill, the ayes were 114, nays 0.

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

HB 454. By Messrs. Hall, Lowrey, and Scoggin of Floyd:
A Bill creating a new charter and municipal government for the City of Rome; and for other purposes.

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

On the passage of the Bill, the ayes were 114, nays 0.

792

JOURNAL OF THE HOUSE,

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

HB 455. By Messrs. Hall, Lowrey, and Scoggin of Floyd:
A Bill creating a new charter and municipal government for the City of Rome; and for other purposes.

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

On the passage of the Bill, the ayes were 114, nays 0.

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

HB 464. By Messrs. Matthews and Newton of Colquitt:
A Bill providing for a change in the compensation of the Sheriff of Colquitt County; and for other purposes.

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

On the passage of the Bill, the ayes were 114, nays 0.

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

HB 465. By Messrs. Matthews and Newton of Colquitt:
A Bill relating to the incorporation 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 114, nays 0.

The Bill, having received the requisite constitutional majority, was passed.
HB 468. By Mr. Henderson of Atkinson: A Bill creating a County Court 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 114, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 469. By Messrs. Jones and Undercofler of Sumter: A Bill proposing a new charter for the City of Americus, Georgia; and for other purposes.

THURSDAY, FEBRUARY 23, 1961

793

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

On the passage of the Bill, the ayes were 114, nays 0.

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

HB 470. By Mr. Wells of Peach:
A Bill incorporating the Office of Tax Receiver and Tax Collector of Peach County into the one office of Tax Commissioner of Peach County; and for other purposes.

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

On the passage of the Bill, the ayes were 114, nays 0.

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

HB 471. By Mr. Tamplin of Morgan:
A Bill providing a salary system for certain county officers of 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 114, nays 0.

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

HB 472. By Mr. Miller of Elbert:
A Bill incorporating the City of Elberton so as to redefine and extend said corporate limits; and for other purposes.

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

On the passage of the Bill, the ayes were 114, nays 0.

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

HB 473. By Mr. Miller of Elbert: A Bill incorporating the City of Elberton so as to redefine and extend said corporate limits; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, wag agreed to.
On the passage of the Bill, the ayes were 114, nays 0.

794

JOURNAL OF THE HOUSE,

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

HB 474. By Mr. Hale of Dade:
A Bill providing a new charter for the City of Trenton; and for other purposes.

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

On the passage of the Bill, the ayes were 114, nays 0.

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

HB 475. By Mr. Barnett of Baker:
A Bill creating a Board of Commissioners 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 114, nays 0.

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

HB 476. By Messrs. Lee of Clayton and Blalock of Clayton:
A Bill creating the Clayton County Water Authority; and for other purposes.

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

On the passage of the Bill, the ayes were 114, nays 0.

The Bill, having received the requisite constitutional majority, was passed.
HB 477. By Messrs. Lee and Blalock of Clayton: A Bill placing the Ordinary 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 114, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 478. By Mr. Andrews of Stephens: A Bill creating and establishing the Toccoa-Stephens County Airport Authority; and for other purposes.

THURSDAY, FEBRUARY 23, 1961

795

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

On the passage of the Bill, the ayes were 114, nays 0.

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

HB 479. By Mr. Underwood of Taylor:
A Bill incorporating the City of Carsonville in the County of Taylor; and for other purposes.

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

On the passage of the Bill, the ayes were 114, nays 0.

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

HB 480. By Mr. Keadle of Lamar:
A Bill establishing a new charter for the town of Milner, Lamar County; and for other purposes.

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

On the passage of the Bill, the ayes were 114, nays 0.

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

HB 483. By Mr. Ballard of Newton:
A Bill providing for a Board of Directors and one Commissioner of Roads and Revenues for Newton County; and for other purposes.

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

On the passage of the Bill, the ayes were 114, nays 0.

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

HB 484. By Mr. Ballard of Newton:
A Bill relating to the incorporation of the Town of Oxford of the County 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 114, nays 0.

796

JOURNAL OF THE HOUSE,

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

HB 485. By Messrs. Phillips, Taylor and Thornton of Bibb:
A Bill re-enacting the Charter of the City of Macon as amended, so as to incorporate certain areas as a part 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 114, nays 0.

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

HB 486. By Mr. McGarity of Henry:
A Bill providing for the compensation of the county treasurer in cer tain counties; and for other purposes.

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

On the passage of the Bill, the ayes were 114, nays 0.

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

HB 487. By Mr. McGarity of Henry:

A Bill providing the compensation for coroners in certain counties;

and for other purposes.

i

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

On the passage of the Bill, the ayes were 114, nays 0.

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

HB 498. By Mr. Simpson of Wheeler:
A Bill providing for the yearly compensation for the Ordinary of Wheeler County; and for other purposes.

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

On the passage of the Bill, the ayes were 114, nays 0.

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

THURSDAY, FEBRUARY 23, 1961

797

HB 499. By Mr. Simpson of Wheeler:
A Bill relating to the creation of the Office of Tax Commissioner, Tax Receiver and County Treasurer of Wheeler County; and for other purposes.

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

On the passage of the Bill, the ayes were 114, nays 0.

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

HB 500. By Messrs. Odom and Busbee of Dougherty:
A Bill consolidating the office of Tax Receiver and the office of Tax Collector of Dougherty County into the one office of Tax Commissioner of Dougherty County; and for other purposes.

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

On the passage of the Bill, the ayes were 114, nays 0.

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

HB 503. By Mr. Ballard of Newton:
A Bill incorporating a new charter to 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 114, nays 0.

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

HB 505. By Mr. Lovett of Laurens: A Bill creating a new charter for the City of Dublin; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 114, nays 0.

The Bill, having received the requisite constitutional majority, was passed.
HB 506. By Mr. Lovett of Laurens: A Bill creating a new charter for the City of Dublin; and for other purposes.

798

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 114, nays 0.

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

HB 507. By Mr. Tabb of Miller:
A Bill creating a Board of Commissioners of Roads and Revenues for Miller County; and for other purposes.

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

On the passage of the Bill, the ayes were 114, nays 0.

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

HB 511. By Mr. Singer of Stewart:
A Bill fixing the compensation of the tax commissioner in certain counties; and for other purposes.

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

On the passage of the Bill, the ayes were 114, nays 0.

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

HR 148-447. By Messrs. Odom and Busbee of Dougherty:
A Resolution naming a certain boat landing in the City of Albany, Dougherty County, Georgia, the "Cleve Cox Landing"; and for other purposes.

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

On the adoption of the Resolution, the ayes were 114, nays 0.

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

HR 169-511. By Mr. Brown of Hart:
A Resolution authorizing and directing the State Librarian to furnish certain law books for the Judge of the Northern Judicial Circuit; and for other purposes.

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

THURSDAY, FEBRUARY 23, 1961

799

On the adoption of the Resolution, the ayes were 114, nays 0.

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

HR 170-511. By Mr. Brown of Hart:
A Resolution authorizing and directing the State Librarian to furnish certain law books to the Clerk of the Superior Court of Hart County; and for other purposes.

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

On the adoption of the Resolution, the ayes were 114, nays 0.

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

SB 77. By Senator Sanders of the 18th: A Bill amending the "Juvenile Court Act"; and for other purposes.

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

On the passage of the Bill, the ayes were 114, nays 0.

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

SB 87. By Senator Staples of the 37th:
A Bill creating the Office of Tax Commissioner of Carroll County; and for other purposes.

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

On the passage of the Bill, the ayes were 114, nays 0.

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

HB 329. By Mr. Simpson of Wheeler:
A Bill providing for a change in the compensation of the Commissioner of the Roads and Revenues of Wheeler 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 Com missioner of Roads and Revenues in and for Wheeler County, approved August 7, 1924 (Ga. Laws 1924, pp. 378-88) as amended, and particu-

800

JOURNAL OF THE HOUSE,

larly as amended by the amendatory Acts of 1939 (Ga. Laws 1939, pp. 777-78) and 1952 (Ga. Laws 1952, pp. 2356-59) and 1957 (Ga. Laws 1957, pp. 3000-02), so as to change the compensation of the Commis sioner; to provide for a County Clerk; to provide for a County At torney; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA AND IT IS HEREBY ENACTED BY AUTHORITY OF SAME:
SECTION 1
An Act creating the office of Commissioner of Roads and Revenues of Wheeler County, approved August 7, 1924 (Ga. Laws 1924, pp. 37888) as amended, and particularly as amended by the Amendatory Acts of 1939 (Ga. Laws 1939, pp. 777-78) and 1952 (Ga. Laws 1952, pp. 2356-59) and 1957 (Ga. Laws 1957, pp. 3000-02), be and the same is hereby amended by striking and repealing all of the provisions of Sec tion 8, Section 11 and Section 27 of the original Act of 1924, and the related sections and provisions of the amendatory acts hereinbefore referred to and described; and substituting in lieu of the repealed pro visions and sections the following provisions and sections.
SECTION 2
From and after the passage of this Act, the Commissioner of Roads and Revenues of Wheeler County shall be paid from the County Treas ury the sum of six thousand ($6,000.00) dollars per annum as com pensation and salary, and for the other purpose hereinafter provided, the same to be paid in equal weekly, semi-monthly or monthly install ments, as the Commissioner may fix and determine; and the said annual compensation shall be retroactive to and effective as of January 1, 1961.
SECTION 3
The said Commissioner shall have authority to employ a clerk, to be known as the County Clerk, who shall perform such duties and render such services as the Commissioner may from time to time prescribe and direct, and the said Clerk shall serve at the pleasure of the Commis sioner or for such term of office as the Commissioner may determine and fix. The Commissioner may determine and fix the compensation of said Clerk, which compensation shall be paid by the Commissioner out of the Commissioner's salary as hereinbefore provided, and the said Clerk's salary or compensation shall not be a debt or charge against Wheeler County.
SECTION 4
Recognizing the implied constitutional power of the fiscal authority of every county to employ a county attorney, and pursuant thereto, the aforesaid Commissioner is hereby authorized to appoint and employ a competent attorney at law to advise him, and to represent the County and the Commissioner in any litigation which may arise in which the County, or the Commissioner in his official capacity, is a party. The said County Attorney shall serve at the pleasure of the Commissioner or for such term of office as the Commissioner may determine and fix, and the said County Attorney shall render such legal services and perform such official duties as are required of him by the Commissioner. The Commissioner shall fix the salary, retainer or other compensation of the County Attorney, which shall be paid from the Treasury of

THURSDAY, FEBRUARY 23, 1961

801

Wheeler County, upon proper bills or vouchers therefor, when approved by the Commissioner.
SECTION 5
The said Commissioner and the said County Clerk shall be al lowed their reasonable mileage and travel expenses when traveling on county business, or in the public interests of the county, the same to be paid from the County Treasury; and the Commissioner shall require such statements and proof of such accounts as he may deem necessary and proper, and issue vouchers or warrants therefor drawn on the County Treasurer. The Commissioner may employ any other office or outside help as he may, in his sound judgment and discretion, find nec essary to conduct the County's affairs and business in an efficient man ner, at the expense of the County.
SECTION 6
Be it further enacted by the authority aforesaid, that all laws and parts of law in conflict with this Act be and the same are hereby repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

On the passage of the Bill, by substitute, the ayes were 114, nays 0.

The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 463. By Messrs. Crawford, Punk and Dickey of Chatham:
A Bill relating to local government improvement commissions in certain counties; and for other purposes.
The following Committee amendment was read and adopted:
The Committee on Local Affairs moves to amend HB 463 as follows:
By striking from the title, the words "to abolish the Local Govern ment Improvement Commission in any such county or municipality;" and inserting in lieu thereof the words "to abolish in any such county or municipality the Local Government Improvement Commission created pursuant to said Act;".
By striking from Section 1, the following: "and the Local Govern ment Improvement Commission existing in any such county or munici pality is hereby abolished.", and inserting in lieu thereof the following: "and the Local Government Improvement Commission existing in any such county or municipality, which was created pursuant to said Act, is hereby abolished."

The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed.

On the passage of the Bill, as amended, the ayes were 114, nays 0.

802

JOURNAL OF THE HOUSE,

The Bill, having received the requisite constitutional majority, was passed, as amended.

HB 488. By Mr. Fowler of Treutlen:
A Bill creating a new charter for the City of Soperton; and for other purposes.

The following Committee amendments were read and adopted:
The Committee on Local Affairs moves to amend HB 488, as follows:
1. By deleting from Section 22, the following words: "and light", "and lights", and "electric current and electric power for public or private use", so that said Section shall read as follows:
"Be It Further Enacted, That, the City of Soperton shall have right and power of eminent domain, and the Mayor and Council of the City of Soperton, in the name of the City of Soperton, shall have full power and authority to condemn and appropriate as hereinafter provided, private property for public use, to provide adequate drain age of streets, alleys, lanes and other public ways, to lay off and open new streets, alleys, lanes, or other ways for the convenience of the public or any citizen or citizens of said City, and to vacate, alter, widen, curb, pave, and keep in good repair and order, all streets, avenues, alleys, lanes, sidewalks or other ways, drains, sewers, and gutters for public or private use, and to improve the streets, public grounds and parks, and to furnish water for public or private use, manufactured gas for public or private use, natural gas for public or private use, telephone service for public or private use, and to charge for furnishing any of the same. Whenever the right to con demn lands and premises herein granted shall be exercised, all pro ceedings in respect thereto shall be under the same terms and condi tions as provided for in the general laws of the State of Georgia, with reference to the condemnation of private property for public use, as contained in the present Code of Georgia in Chapters 36-1, 36-2 and 36-3 and all the following Chapters of the present Code of Georgia and all Supplements thereto pertaining to eminent domain and condemnation of private property for public use and as provided by all Acts amendatory thereof."
2. By deleting from Section 25, the following words: "electric lights", "electric lights", and "electric lights, electric power", so that said Section shall read as follows:
"Be It Further Enacted, That the City of Soperton, by and through the Mayor and Council, shall have power and authority to establish, own, maintain, equip, extend, repair, enlarge, and improve system and systems of water works, sewerage, manufactured gas, natural gas, telephone service, and all and any other necessary and convenient public works, for the purpose of supplying the inhabi tants of the City of Soperton, and customers generally whether within or without the corporate limits of the City of Soperton, with water, sewerage, manufactured gas, natural gas, telephone service, or any of them, and the Mayor and Council shall have the right and power to do all and everything necessary for such purposes, for the purchase and rental of lease of real estate, buildings, machinery, easements over real estate, whether or not within or without the

THURSDAY, FEBRUARY 23, 1961

803

corporate limits of the City of Soperton, and if necessary to condemn lands and premises as provided by this Charter, and for the pur chase, rental or lease, or condemnation of all other things and kinds of property; and the Mayor and Council in the name of the City of Soperton shall have full power and authority to make contracts gen erally with firms, persons and corporation to sell, furnish and supply water, sewerage, manufactured gas, natural gas, telephone service, or any of them, whether inside or outside of the corporate limits of the City of Soperton, and whether any of the same are sold, fur nished or supplied inside or outside of the limits of City of Soperton it shall be at such rates and under such rules and regulations as the Mayor and Council shall provide."
3. By deleting from Section 34, the words: "electric current rates", so that said Section shall read as follows:
"Be it further enacted, That the Mayor and Council of the City of Soperton, shall have full power and authority to fix and determine all water rates and fees, sewerage rates and fees, manufactured gas rates, natural gas rates, and any and all other charges made for public services, systems or plants owned and operated for and by said City of Soperton; and the Mayor and Council of said City shall have authority to provide for the method of enforcing payment of such rates and fees and enact and enforce all ordinances that may be necessary to make fully effective the provisions and purposes of this section."
4. By deleting from Section 35, the words: "a system of lights, a system of electric lights, a system of electric power," so that said Section shall read as follows:
"Be it further enacted, That the Mayor and Council of the City of Soperton, under and in accordance with the limitations provided in the Constitution of the State of Georgia and the general laws of the State of Georgia applicable to municipalities, shall have the right, power and authority to issue bonds of the City of Soperton, and with the funds arising from the sale of any bonds thus issued may refund any existing debt, establish and maintain a system of water works, a system of natural gas, a system of manufactured gas, a system of sewerage, a system of garbage and waste collection and disposal, a system of telephone service, and erect public buildings, and lay out, lay down, build, maintain and improve streets, avenues, alleys, sidewalks and other public ways, or any other improvements, for the use of the citizens of the City of Soperton, and to issue bonds for any other purpose allowed in this charter; and the City of Soper ton and the Mayor and Council thereof shall have the power and authority to issue Revenue Anticipation Certificates or bonds, when necessary and convenient for the purpose of financing the cost of any public improvement, system or utility, and any system or pur pose mentioned in this section, all as provided and set out in Chapter 87-8 of the present Code of Georgia, and Acts amendatory thereof, known as the Revenue Bond Law of 1937."
The Committee on Local Affairs moves to amend HB 488 as follows:
By adding at the end of Section 36 a new paragraph to read as follows:

804

JOURNAL OF THE HOUSE,

" (v) To provide for a system of collection and disposal of gar bage and other waste matter."

The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to.

On the passage of the Bill, as amended, the ayes were 114, nays 0.

The Bill, having received the requisite constitutional majority, was passed, as amended.

HB 489. By Messrs. Cox and Matthews of Clarke:
A Bill repealing certain provisions in the Charter of the City of Athens; and for other purposes.

The following Committee amendment was read and adopted:
The Committee on Local Affairs moves to amend HB 489 as follows:
By adding at the end of Section 8 a paragraph which shall read as follows:
"The City Tax Assessor, in performing any of the duties placed on his office by this Act, may not under any circumstance enter the premises of any private household for the purpose of assessing the tax value of the furnishings therein."
The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to.
On the passage of the Bill, as amended, the ayes were 114, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
By unanimous consent, the following Bills and Resolutions of the Senate were read the first time and referred to the Committees:
SR 36. By Senator Mathews of the 48th:
A Resolution proposing an amendment to the Constitution so as to au thorize the City of Cordele to issue revenue bonds for the purchase, con struction, lease and sale of facilities useful to industry or commerce; to provide for the submission of this amendment for ratification or rejec tion; and for other purposes.
Referred to the Committee on Local Affairs.
SB 93. By Senator Sanders of the 18th:
A Bill to be entitled an Act to amend an Act relating to State Senatorial Districts, so as to provide for qualifying with the ordinary of each county in the Senatorial District; to declare members of the State Senate to be State Officers; and for other purposes.
Referred to the Committee on State of Republic.

THURSDAY, FEBRUARY 23, 1961

805

SB 100. By Senators Sanders of the 18th and Knox of the 54th:
A Bill to be entitled an Act to amend an Act relating to pensions for firemen; and for other purposes.
Referred to the Committee on State of Republic.

SB 115. By Senator Sanders of the 18th:
A Bill to be entitled an Act to authorize the State Department of Public Welfare to establish divisions or branches and location of State training schools, provide authority to discontinue to operate any such division or branch of training schools; and for other purposes.
Referred to the Committee on State of Republic.

SB 116. By Senator Sanders of the 18th:
A Bill to be entitled an Act to amend an Act known as the "Aid to the Blind Act"; so as to increase eligibility income deductions; and for other purposes.
Referred to the Committee on Ways and Means.

SB 117. By Senator Sanders of the 18th:
A Bill to be entitled an Act to amend an Act abolishing Hospital Care Council and Hospital Advisory Committee and created the Hospital Ad visory Council for Construction, Licensure and Indigent Care, so as to increase the membership of said council; change compensation for mem bers; and for other purposes.
Referred to the Committee on Hygiene and Sanitation.

SB 131. By Senator Conger of the 8th:
A Bill to be entitled an Act to create Airport Authority in certain coun ties ; and for other purposes.
Referred to the Committee on Local Affairs.

Mr. Paris of Barrow arose to a Point of Personal Privilege and addressed the House.

The following Bill of the House was taken up for the purpose of considering the Senate amendments thereto:

HB 66. By Messrs. Bolton of Spalding, Hale of Dade, Pannell of Murray, and others:
A Bill providing that the State Revenue Department shall be authorized to contract with the several counties in order that assistance by the State might be provided to the individual counties in undertaking a property re evaluation and ad valorem tax equalization program within the indi vidual counties; and for other purposes.

806

JOURNAL OF THE HOUSE,

The following Senate amendments were read:
Senator Conger of the 8th moves to amend HB 66 as follows:
Section 4 of said Bill, as amended by the Committee on Judiciary, is deleted in its entirety and a new Section 4 inserted in lieu thereof to read as follows:
The State Revenue Commissioner shall administer this Act. He, along with the President of the County Commissioners Association and the President of the Georgia Municipal Association shall, as a committee, have the authority to determine the counties to receive this aid, and the extent of it, giving consideration to the funds avail able, the relative needs among the counties for such a program, and the relative abilities of the counties to finance such a program. The State Revenue Commissioner shall have authority to promulgate such rules, regulations and instructions as he deems necessary to the administration of this Act. Provided, however, no aid shall be granted hereunder except with respect to a program which, prior to its initiation, has received the approval of the Committee, and pro vided further that the governing authority of each county shall have the exclusive right to determine with whom they shall contract or employ for such reappraisal.
Section 5 is amended by deleting the words State Revenue Commis sioner on line 3 of said section and substituting therefor the word "com mittees."
The Senate Committee on Judiciary moves to amend HB 66 as fol lows:
By striking from the proviso at the end of Section 4 thereof the words "employ the help needed" and substituting in lieu thereof the words "determine with whom they shall contract or employ," so that when so amended, the final proviso at the end of Section 4 of said Bill shall read as follows:
". . . And provided further that the governing authority of each county shall have the exclusive right to determine with whom they shall contract or employ for such reappraisal."

Mr. Bolton of Spalding moved that the House agree to the Senate amend ments to HB 66.

On the motion to agree, the ayes were 140, nays 0.

The Senate amendments to HB 66 were agreed to.

Under the general 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 336. By Messrs. Baughman of Early, NeSmith of Meriwether, and others:
A Bill providing that insurers may invest in Revenue Bonds issued by any political subdivision, authority, unit, or other corporate body cre ated by the U. S. Government or the government of any State for the

THURSDAY, FEBRUARY 23, 1961

807

purpose of aiding in or promoting the industrial development of such State or Political Subdivision.

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

On the passage of the Bill, the ayes were 118, nays 0.

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

HB 377. By Messrs. Twitty of Mitchell and Smith of Emanuel:
A Bill amending an Act known as the "State Office Building Authority Act," so as to clarify the definition of the word "project"; and for other purposes.

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

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

Those voting in the affirmative were Messrs.:

Abney Akins Andrews of Stephens Arnsdorff Barber Barnett of Wilkes Barnett of Baker Baughman Birdsong Black Blalock Bolton Boyett Bozeman Branch Brooks of Oglethorpe Brooks of Fulton Budd
Carswell Chance Chandler Clark of Catoosa Clarke of Monroe Cloer Coker Collins Cox Crawford Crowe Culpepper

Davis Deen Dickey Dicus Dorminy Duncan of Fannin Dunn Echols Fleming Fordham Fowler of Douglas Fuqua Greene Hale Hall of Floyd Harrell Henderson Hodges Howard Hull Johnson Joiner Jones of Liberty Jones of Lumpkin Jones of Sumter Jordan Keadle Keyton Kidd Killian

Kirkland Knight of Laurens Knight of Berrien Lane Lanier Lee Lewis Lovett Lowrey Mackay Matthews of Colquitt McClelland McCutchen McGarity Mixon Moore Moorman Morgan Morris Newton Otwell Pannell Paris Parker of Screven Parker of Ware Parker of Appling Farmer Pelham Phillips of Columbia
Pickard

808

JOURNAL OP THE HOUSE,

Poole Potts Purcell Rodgers of Charlton Rogers of Paulding Ross Rowland Rutland Scoggin Simpson Sinclair Smith of Grady Smith of Brantley Smith of Fulton

Smith of Habersham Smith of Whitfield Stevens Story Strickland Stuckey Summers Tabb Tamplin Taylor of Dawson Taylor of Bibb Teague Twitty Undercofler

Waldrop Walker of Lowndes Walker of Telfair Ware Watson Wells of Peach Wells of Oconee Wells of Camden Williams of Coffee Williams of Hall Willingham Wilson Young

Those voting in the negative were Messrs.:

Andrews of Hall Bowen of Randolph Bowen of Toombs Brackin Busbee

Dollar Fowler of Treutlen Moss Odom Phillips of Bibb

Roberts Taylor of Decatur Thornton

Those not voting were Messrs.:

Adams Ballard Barrett Boggs Brown Bynum Caldwell Cocke Conner Doster Duncan of Carroll Fitzgerald Flexer Floyd Flynt Funk Hall of Lee Hill Horton Hurst Jernigan

Jones of Worth Kelly Killingsworth Kimmons King Loggins Lokey Massee Matthews of Clarke McCracken McDonald Melton Milhollin Miller Moate Mullis Murphy Ne Smith
Payton Phillips of Walton Raulerson

Ray Roper Sangster Scarborough Sheffield Shuman Simmons Singer Steis Todd Tucker Underwood of
Montgomery Underwood of Taylor Vaughn White Wickham Wilkes Woodward Mr. Speaker

On the passage of the Bill, the ayes were 131, nays 13.

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

HR 55-142. By Mr. Williams of Hall: A Resolution compensating Hubert Kidd; and for other purposes.

THURSDAY, FEBRUARY 23, 1961

809

The following amendment was read and adopted:

The Appropriations Committee moves to amend HR 55-142 as fol lows:
By striking the figure $169.17, wherever it appears and substituting in lieu thereof the figure $99.17.

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

On the adoption of the Resolution, as amended, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Adams Akins Andrews of Hall Arnsdorff Barber Barnett of Wilkes Barnett of Baker Barrett Baughman Birdsong Black Blalock Bolton Bowen of Randolph Boyett Bozeman Brackin Brooks of Pulton Budd Busbee Bynum Chance Chandler Clark of Catoosa Clarke of Monroe Cloer Cocke Coker Collins Cox Crawford Crowe Culpepper Davis Been Dickey Dicus Dollar

Duncan of Fannin Echols Fleming Flexer Floyd Fordham Fowler of Douglas Funk Hale Henderson Hill Horton Howard Hull Johnson Joiner Jones of Liberty Jones of Worth Jones of Sumter Jordan Keadle Kelly Keyton Kidd Killian Killingsworth King Kirkland Knight of Laurens Knight of Berrien Lane Lanier Lee Lewis Matthews of Clarke Matthews of Colquitt McClelland McCracken McCutchen

McDonald McGarity Miller Mixon Moate Moore Moorman Morgan Morris Moss Newton Odom Otwell Pannell Paris Parker of Screven Parker of Ware Parker of Appling Farmer Phillips of Bibb Poole Potts Purcell Ray Roberts Rodgers of Charlton Rogers of Paulding
Roper Ross Rowland Sangster Scarborough Scoggin Shuman Simmons Simpson Sinclair Smith of Brantley Smith of Fulton

810

JOURNAL OP THE HOUSE,

Smith of Whitf ield Steis Stevens Story Summers Tabb Tamplin Taylor of Dawson Taylor of Decatur Taylor of Bibb Teague

Todd Twitty Undercofler Underwood of Taylor Waldrop Walker of Lowndes Walker of Telfair Ware Watson Wells of Peach Wells of Oconee

Voting in the negative was Mr. Fowler of Treutlen.

Wells of Camden White Wickham Wilkes Williams of Coffee Williams of Hall Willingham Wilson Young

Those not voting were Messrs.:

Andrews of Stephens Ballard Boggs Bowen of Toombs Branch Brooks of Oglethorpe Brown Caldwell Carswell Conner Dorminy Doster Duncan of Carroll Dunn Fitzgerald Flynt Fuqua Greene Hall of Lee

Hall of Floyd Harrell Hodges Hurst Jernigan Jones of Lumpkin Kimmons Loggins Lokey Lovett Lowrey Mackay Massee Melton Milhollin Mullis Murphy Ne Smith Payton

Pelham Phillips of Columbia Phillips of Walton Pickard Raulerson Rutland Sheffield Singer Smith of Grady Smith of Habersham Strickland Stuckey Thornton Tucker Underwood of
Montgomery Vaughn Woodward Mr. Speaker

On the adoption of the Resolution, as amended, the ayes were 148, nays 1.

The Resolution having received the requisite constitutional majority, was adopted, as amended.

HR 66-171. By Mr. Boggs of Madison: A Resolution compensating Fish Howard; and for other purposes.

The following amendment was read and adopted:
The Appropriations Committee moves to amend HR 66-171 as fol lows :
By striking the figure $500.00, wherever it appears, and substituting in lieu thereof the figure $200.00.

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

THURSDAY, FEBRUARY 23, 1961

811

On the adoption of the Resolution, as amended, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Adams Akins Andrews of Hall Arnsdorff Barber Barnett of Wilkes Barnett of Baker Barrett Baughman Birdsong Black Blalock Bolton Bowen of Randolph Boyett Bozeman Brackin Brooks of Fulton Budd Busbee Bynum Chance Chandler Clark of Catoosa Clarke of Monroe Cloer Cocke Coker Collins Cox Crawford Crowe Culpepper Davis Deen Dickey Dicus Dollar Duncan of Fannin Echols Fleming Flexer Floyd Fordham Fowler of Douglas Funk Hale Henderson Hill

Horton Howard Hull Johnson
Joiner Jones of Liberty Jones of Worth Jones of Sumter Jordan Keadle Kelly Keyton Kidd Killian Killings-worth King Kirkland Knight of Laurens Knight of Berrien Lane Lanier Lee Lewis Matthews of Clarke Matthews of Colquitt McClelland McCracken McCutchen McDonald McGarity Miller Mixon Moate Moore Moorman Morgan Morris Moss Newton Odom Otwell Pannell Paris Parker of Screven Parker of Ware Parker of Appling Farmer Phillips of Bibb Poole Potts

Purcell Ray Roberts Rodgers of Charlton Rogers of Paulding
Roper Ross Rowland Sangster Scarborough Scoggin Shuman Simmons Simpson Sinclair Smith of Brantley Smith of Fulton Smith of Whitfield
Steis Stevens Story Summers Tabb Tamplin Taylor of Dawson Taylor of Decatur Taylor of Bibb
Teague Todd Twitty Undercofler Underwood of Taylor
Waldrop Walker of Lowndes Walker of Telfair
Ware Watson Wells of Peach Wells of Oconee Wells of Camden
White Wickham Wilkes Williams of Coffee Williams of Hall Willingham Wilson Young

812

JOURNAL OP THE HOUSE,

Voting in the negative was Mr. Fowler of Treutlen.

Those not voting were Messrs.:

Andrews of Stephens

Hall of Floyd

Ballard

Harrell

Boggs

Hodges

Bowen of Toombs

Hurst

Branch

Jernigan

Brooks of Oglethorpe

Jones of Lumpkin

Brown

Kimmons

Caldwell

Loggins

Carswell

Lokey

Conner

Lovett

Dorminy

Lowrey

Doster

Mackay

Duncan of Carroll

Massee

Dunn

Melton

Fitzgerald

Milhollin

Flynt

Mullis

Fuqua

Murphy

Greene

NeSrnith

Hall of Lee

Payton

Pelham Phillips of Columbia Phillips of Walton Pickard Raulerson Rutland Sheffield Singer Smith of Grady Smith of Habersham Strickland Stuckey Thornton Tucker Underwood of .
Montgomery Vaughn Woodward Mr. Speaker

On the adoption of the Resolution, as amended, the ayes were 148, nays 1.

The Resolution, having received the requisite constitutional majority, was adopted, as amended.

HR 89-269. By Messrs. McGarity of Henry, Fowler of Douglas, and Duncan of Carroll:
A Resolution compensating Mrs. Mary Lee; and for other purposes.

The following amendment was read and adopted:
The Appropriations Committee moves to amend HR 89-269 as fol lows:
By striking the figure $5600.00, wherever it appears, and substitut ing in lieu thereof the figure $5000.00.

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

On the adoption of the Resolution, as amended, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Adams Akins Andrews of Hall Arnsdorff Barber Barnett of Wilkes

Barnett of Baker Barrett Baughman Birdsong Black Blalock Bolton

Bowen of Randolph Boyett Bozeman Brackin Brooks of Fulton Budd Busbee

THURSDAY, FEBRUARY 23, 1961

813

Bynum Chance Chandler Clark of Catoosa Clarke of Monroe Cloer Cocke Coker Collins Cox
Crawford Crowe Culpepper Davis Been Dickey Dicus Dollar Duncan of Pannin Echols Fleming Flexer Floyd Fordham Fowler of Douglas Funk Hale Henderson Hill Horton Howard Hull Johnson Joiner Jones of Liberty Jones of Worth Jones of Sumter Jordan Keadle Kelly Keyton Kidd Killian

Killingsworth King Kirkland Knight of Laurens Knight of Berrien Lane Lanier Lee Lewis Matthews of Clarke Matthews of Colquitt McClelland McCracken McCutchen McDonald McGarity Miller Mixon Moate Moore Moorman Morgan Morris Moss Newton Odom Otwell Pannell Paris Parker of Screven Parker of Ware Parker of Appling Farmer Phillips of Bibb Poole Potts Purcell Ray Roberts Rodgers of Charlton Rogers of Paulding Roper Ross

Rowland Sangster Scarborough Scoggin Shuman Simmons Simpson Sinclair Smith of Brantley Smith of Fulton Smith of Whitfield Steis Stevens Story Summers Tabb Tamplin Taylor of Dawson Taylor of Decatur Taylor of Bibb Teague Todd Twitty Undercofler Underwood of Taylor Waldrop Walker of Lowndes Walker of Telfair Ware Watson Wells of Peach Wells of Oconee Wells of Camden White Wickham Wilkes Williams of Coffee Williams of Hall Willingham Wilson Young

Voting in the negative was Mr. Fowler of Treutlen.

Those not voting were Messrs.:

Andrews of Stephens Ballard Boggs Bowen of Toombs Branch Brooks of Oglethorpe Brown

Caldwell Carswell Conner Dorminy Doster Duncan of Carroll Dunn

Fitzgerald Flynt Fuqua Greene Hall of Lee Hall of Floyd Harrell

814

JOURNAL OF THE HOUSE,

Hodges Hurst Jernigan Jones of Lumpkin Kimmons Loggins Lokey Lovett Lowrey Mackay Massee Melton

Milhollin Mullis Murphy NeSmith Payton Pelham Phillips of Columbia Phillips of Walton Pickard Raulerson Rutland Sheffield

Singer Smith of Grady Smith of Habersham Strickland Stuckey Thornton Tucker Underwood of
Montgomery Vaughn Woodward Mr. Speaker

On the adoption of the Resolution, as amended, the ayes were 148, nays 1.
The Resolution, having received the requisite constitutional majority, was adopted, as amended.

HR 91-269. By Messrs. Williams and Andrews of Hall: A Resolution compensating Pairlon B. Bennett; and for other purposes.

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

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Adams Akins Andrews of Hall Arnsdorff Barber Barnett of Wilkes Barnett of Baker Barrett Baughman Birdsong Black Blalock Bolton Bowen of Randolph Boyett Bozeman Brackin Brooks of Fulton Budd Busbee Bynum Chance Chandler

Clark of Catoosa Clarke of Monroe Cloer Cocke Coker Collins Cox Crawford Crowe Culpepper Davis Been Dickey Dicus Dollar Duncan of Fannin Echols Fleming Flexer Floyd Fordham Fowler of Douglas Funk Hale

Henderson Hill Horton Howard Hull Johnson Joiner Jones of Liberty Jones of Worth Jones of Sumter Jordan Keadle Kelly Keyton Kidd Killian Killingsworth King Kirkland Knight of Laurens Knight of Berrien Lane Lanier Lee

THURSDAY, FEBRUARY 23, 1961

815

Lewis Matthews of Clarke Matthews of Colquitt McClelland McCracken McCutchen McDonald McGarity Miller Mixon Moate Moore Moorman Morgan Morris Moss Newton Odom Otwell Pannell Paris Parker of Screven Parker of Ware Parker of Appling Farmer Phillips of Bibb

Poole Potts Purcell Ray Roberts Rodgers of Charlton Rogers of Paulding Roper Ross Rowland Sangster Scarborough Scoggin Shuman Simmons Simpson Sinclair Smith of Brantley Smith of Fulton Smith of Whitfield
Steis Stevens Story Summers Tabb Tamplin

Voting in the negative was Mr. Fowler of Treutlen.

Taylor of Dawson Taylor of Decatur Taylor of Bibb Teague Todd Twitty Undercofler Underwood of Taylor Waldrop Walker of Lowndes Walker of Telfair Ware Watson Wells of Peach Wells of Oconee Wells of Camden White Wickham Wilkes Williams of Coffee Williams of Hall Willingham Wilson Young

Those not voting were Messrs.:

Andrews of Stephens Ballard Boggs Bowen of Toombs Branch Brooks of Oglethorpe Brown Caldwell Carswell Conner Dorminy Doster Duncan of Carroll Dunn Fitzgerald Flynt Fuqua Greene Hall of Lee

Hall of Floyd Harrell Hodges Hurst Jernigan Jones of Lumpkin Kimmons Loggins Lokey Lovett Lowrey Mackay Massee Melton Milhollin Mullis Murphy NeSmith Payton

Pelham Phillips of Columbia Phillips of Walton Pickard Raulerson Rutland Sheffield Singer Smith of Grady Smith of Habersham Strickland Stuckey Thornton Tucker Underwood of
Montgomery Vaughn Woodward Mr. Speaker

On the adoption of the Resolution, the ayes were 148, nays 1.

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

816

JOURNAL OP THE HOUSE,

HR 93-269. By Messrs. Andrews and Williams of Hall: A Resolution compensating Mrs. Prances S. Ivey; and for other purposes.

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

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Adams Akins Andrews of Hall Arnsdorff Barber Barnett of Wilkes Barnett of Baker Barrett Baughman Birdsong Black Blalock Bolton Bowen of Randolph Boyett Bozeman Brackin Brooks of Pulton Budd Busbee Bynum Chance Chandler Clark of Catoosa Clarke of Monroe Cloer Cocke Coker Collins Cox Crawford Crowe Culpepper Davis Been Dickey Dicus Dollar Duncan of Fannin Echols Fleming Plexer

Ployd Fordham Fowler of Douglas Funk Hale Henderson Hill Horton Howard Hull Johnson Joiner Jones of Liberty Jones of Worth Jones of Sumter Jordan Keadle Kelly Keyton Kidd Killian Killingsworth King Kirkland Knight of Laurens Knight of Berrien Lane Lanier Lee Lewis Matthews of Clarke Matthews of Colquitt McClelland McCracken McCutchen McDonald McGarity Miller Mixon Moate Moore Moorman Morgan

Morris Moss Newton Odom Otwell Pannell Paris Parker of Screven Parker of Ware Parker of Appling Farmer Phillips of Bibb
Poole Potts Purcell Ray Roberts Rodgers of Charlton Rogers of Paulding Roper Ross Rowland Sangster Scarborough Scoggin Shuman Simmons Simpson Sinclair Smith of Brantley Smith of Fulton Smith of Whitfield Steis Stevens Story Summers Tabb Tamplin Taylor of Dawson Taylor of Decatur Taylor of Bibb Teague Todd

THURSDAY, FEBRUARY 23, 1961

817

Twitty Undercofler Underwood of Taylor Waldrop Walker of Lowndes Walker of Telfair Ware

Watson Wells of Peach Wells of Oconee Wells of Camden White Wickham Wilkes

Williams of Coffee Williams of Hall Willingham Wilson Young

Voting in the negative was Mr. Fowler of Treutlen.

Those not voting were Messrs.:

Andrews of Stephens Ballard Boggs Bowen of Toombs Branch Brooks of Oglethorpe Brown Caldwell Carswell Conner Dorminy Doster Duncan of Carroll Dunn Fitzgerald Flynt Fuqua Greene Hall of Lee

Hall of Floyd Harrell Hodges Hurst Jernigan Jones of Lumpkin Kimmons Loggins Lokey Lovett Lowrey Mackay Massee Melton Milhollin Mullis Murphy NeSmith Payton

Pelham Phillips of Columbia Phillips of Walton Pickard Raulerson Rutland Sheffield Singer Smith of Grady Smith of Habersham Strickland Stuckey Thornton Tucker Underwood of
Montgomery Vaughn Woodward Mr. Speaker

On the adoption of the Resolution, the ayes were 148, nays 1.

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

HR 95-269. By Mr. Horton of Putnam: A Resolution compensating Joseph Paul Larman; and for other purposes.

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

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Adams Akins Andrews of Hall Arnsdorff

Barber Barnett of Wilkes Barnett of Baker Barrett Baughman

Birdsong Black Blalock Bolton Bowen of Randolph

818

JOURNAL OF THE HOUSE,

Boyett Bozeman Brackin Brooks of Fulton Budd Busbee Bynum Chance Chandler Clark of Catoosa Clarke of Monroe Cloer Cocke Coker Collins Cox Crawford Crowe Culpepper Davis Been Dickey Dicus Dollar Duncan of Fannin
Echols Fleming Flexer Floyd Fordham Fowler of Douglas Funk Hale Henderson Hill Horton Howard Hull Johnson Joiner Jones of Liberty Jones of Worth Jones of Sumter Jordan Keadle

Kelly Keyton Kidd Killian Killingsworth King Kirkland Knight of Laurens Knight of Berrien Lane Lanier Lee Lewis Matthews of Clarke Matthews of Colquitt McClelland McCracken McCutchen McDonald
McGarity Miller Mixon Moate Moore Moorman Morgan Morris Moss Newton Odom Otwell Pannell Paris Parker of Screven Parker of Ware Parker of Appling Farmer Phillips of Bibb Poole Potts Purcell Ray Roberts Rodgers of Charlton Rogers of Paulding

Voting in the negative was Mr. Fowler of Treutlen.

Roper Ross Rowland Sangster Scarborough Scoggin Shuman Simmons Simpson Sinclair Smith of Brantley Smith of Fulton Smith of Whitfield Steis Stevens Story Summers Tabb Tamplin Taylor of Dawson Taylor of Decatur Taylor of Bibb Teague Todd Twitty Undercofler Underwood of Taylor Waldrop Walker of Lowndes Walker of Telfair Ware Watson Wells of Peach Wells of Oconee Wells of Camden White Wickham Wilkes Williams of Coffee Williams of Hall Willingham Wilson Young

Those not voting were Messrs. :

Andrews of Stephens Ballard Boggs Bowen of Toombs Branch Brooks of Oglethorpe

Brown Caldwell Carswell Conner Dorminy Doster

Duncan of Carroll Dunn Fitzgerald Flynt Fuqua Greene

THURSDAY, FEBRUARY 23, 1961

819

Hall of Lee Hall of Floyd Harrell Hodges Hurst Jernigan
Jones of Lumpkin Kimmons Loggins Lokey Lovett Lowrey Mackay

Massee Melton Milhollin Mullis Murphy NeSmith
Payton Pelham Phillips of Columbia Phillips of Walton Pickard Raulerson Rutland

Sheffield Singer Smith of Grady Smith of Habersham Strickland Stuckey
Thornton Tucker Underwood of
Montgomery Vaughn Woodward Mr. Speaker

On the adoption of the Resolution, the ayes were 148, nays 1.

The Resolution, having received the requisite constitutional majority, was

adopted.

I

HR 81-249. By Mr. Watson of Houston: A Resolution compensating Mr. H. L. Hackney; and for other purposes.

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

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Adams Akins
Andrews of Hall Arnsdorff Barber Barnett of Wilkes Barnett of Baker Barrett Baughman Birdsong Black Blalock Bolton
Bo wen of Randolph Boyett Bozeman Brackin Brooks of Fulton
Budd Busbee Bynum Chance

Chandler Clark of Catoosa Clarke of Monroe
Cloer Cocke Coker Collins Cox Crawford Crowe Culpepper Davis Deen Dickey
Dicus Dollar Duncan of Fannin Echols Fleming
Flexer Floyd Fordham Fowler of Douglas

Funk Hale Henderson
Hill Horton Howard Hull Johnson Joiner Jones of Liberty Jones of Worth Jones of Sumter Jordan Keadle
Kelly Keyton Kidd Killian Killingsworth
King Kirkland Knight of Laurens Knight of Berrien

820

JOURNAL OF THE HOUSE,

Lane Lanier Lee Lewis Matthews of Clarke Matthews of Colquitt McClelland McCracken McCutchen McDonald McGarity Miller Mixon . Moate Moore Moorman Morgan
orris
Newton Odom Otwell Pannell Paris Parker of Screven Parker of Ware Parker of Appling

Farmer Phillips of Bibb Poole Potts Purcell Ray Roberts Rodgers of Charlton Rogers of Paulding Roper Ross Rowland Sangster Scarborough Scoggin Shuman Simmons Simpson Sinclair Smith of Brantley Smith of Fulton Smith of Whitfield Steis Stevens Story Summers Tabb

Voting in the negative was Mr. Fowler of Treutlen.

Tamplin Taylor of Dawson Taylor of Decatur Taylor of Bibb Teague Todd Twitty Undercofler Underwood of Taylor
Waldrop Walker of Lowndes Walker of Telfair
Ware Watson Wells of Peach Wells of Oconee Wells of Camden White Wickham Wilkes Williams of Coffee Williams of Hall Willingham Wilson Young

Those not voting were Messrs.:

Andrews of Stephens Ballard Boggs Bowen of Toombs Branch Brooks of Oglethorpe Brown Caldwell Carswell Conner Dorminy Doster Duncan of Carroll Dunn Fitzgerald Flynt Fuqua Greene Hall of Lee

Hall of Floyd Harrell Hodges Hurst Jernigan Jones of Lumpkin Kimmons Loggins Lokey Lovett Lowrey Mackay Massee Melton Milhollin Mullis Murphy NeSmith Payton

Pelham Phillips of Columbia Phillips of Walton Pickard Raulerson Rutland Sheffield Singer Smith of Grady Smith of Habersham Strickland Stuckey Thornton Tucker Underwood of
Montgomery Vaughn Woodward Mr. Speaker

On the adoption of the Resolution, the ayes were 148, nays 1.

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

THURSDAY, FEBRUARY 23, 1961

821

HR 86-253. By Mr. Killian of Glynn:
A Resolution compensating the Seaboard Construction Company; and for other purposes.

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

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Adams Akins Andrews of Hall Arnsdorff Barber Barnett of Wilkes Barnett of Baker Barrett Baughman Birdsong Black Blalock Bolton Bowen of Randolph
Boyett Bozeman Brackin Brooks of Fulton Budd Busbee Bynum Chance Chandler Clark of Catoosa Clarke of Monroe Cloer Cocke Coker Collins Cox Crawford Crowe Culpepper Davis Deen Dickey Dicus Dollar Duncan of Fannin Echols Fleming

Flexer Floyd Fordham Fowler of Douglas Funk Hale Henderson Hill Horton Howard Hull Johnson Joiner Jones of Liberty Jones of Worth Jones of Sumter Jordan Keadle Kelly Keyton Kidd Killian Killingsworth King Kirkland Knight of Laurens Knight of Berrien Lane Lanier Lee Lewis Matthews of Clarke Matthews of Colquitt McClelland McCracken McCutchen McDonald McGarity Miller Mixon Moate Moore

Moorman Morgan Morris Moss Newton Odom Otwell Pannell Paris Parker of Screven Parker of Ware Parker of Appling Farmer Phillips of Bibb Poole Potts Purcell Ray Roberts Rodgers of Charlton Rogers of Paulding Roper Ross Rowland gangster Scarborough Scoggin Shuman Simmons Simpson Sinclair Smith of Brantley Smith of Fulton Smith of Whitfield
Steis Stevens Story Summers Tabb Tamplin Taylor of Dawson Taylor of Decatur

822

JOURNAL OF THE HOUSE,

Taylor of Bibb Teague Todd Twitty Undercofler Underwood of Taylor Waldrop Walker of Lowndes

Walker of Telfair Ware Watson Wells of Peach Wells of Oconee Wells of Camden White Wickham

Wilkes Williams of Coffee Williams of Hall Willingham Wilson Young

Voting in the negative was Mr. Fowler of Treutlen.

Those not voting were Messrs.:

Andrews of Stephens Ballard Boggs Bowen of Toombs Branch Brooks of Oglethorpe Brown Caldwell Carswell Conner Dorminy Doster Duncan of Carroll Dunn Fitzgerald Flynt Fuqua Greene Hall of Lee

Hall of Floyd Harrell Hodges Hurst Jernigan Jones of Lumpkin Kimmons Loggins Lokey Lovett Lowrey Mackay Massee Melton Milhollin Mullis Murphy NeSmith Payton

Pelham Phillips of Columbia Phillips of Walton Pickard Raulerson Rutland Sheffield Singer Smith of Grady Smith of Habersham Strickland Stuckey Thornton Tucker Underwood of
Montgomery Vaughn Woodward Mr. Speaker

On the adoption of the Resolution, the ayes were 148, nays 1.

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

The Speaker announced the House recessed until 1:30 o'clock this afternoon.

AFTERNOON SESSION
The Speaker called the House to order.
Under the general 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 491. By Mr. Killian of Glynn: A Bill providing for the creation, membership, and compensation of a State Literature Commission; and for other purposes.

THURSDAY, FEBRUARY 23, 1961

823

The previous question was ordered.

The main question was ordered.

Mr. Smith of Brantley offered the following amendment which was read and adopted:
By adding a new paragraph as follows: 'The retail dealer shall be relieved of any liability under this Act provided he notifies the whole saler in writing not to deliver any further kinds of such literature.'

The report of the 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 16.

The Bill, having received the requisite constitutional majority, was passed, as amended.

HR 142-408. By Mr. Wilkes of Cook:
A Resolution authorizing a land conveyance to Cook County; and for other purposes.

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

On the adoption of the Resolution, the ayes were 143, nays 0.

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

HB 153. By Mr. Kidd of Baldwin:
A Bill to amend an Act known as the "Georgia Prison Industries 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 137, nays 1.

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

HB 514. By Messrs. Twitty of Mitchell, Hall of Floyd, and others:
A Bill authorizing the State Personnel Board to provide a Health Insur ance Plan for employees of the State of Georgia; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 109, nays 0.

824

JOURNAL OF THE HOUSE,

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

HB 387. By Mr. Twitty of Mitchell:
A Bill creating the Ordinaries' Retirement Fund 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 roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Akins Andrews of Stephens Andrews of Hall Arnsdorff Ballard Barber Barnett of Wilkes Barnett of Baker Barrett Baughman Birdsong Black Blalock Bozeman Brooks of Fulton Busbee Bynum Caldwell Carswell Chance Chandler Clarke of Monroe Cloer Cocke Collins Cox Crawford Crowe Davis Been Dickey Dollar Dorminy Dunean of Fannin Dunn Echols Fitzgerald Fleming Flexer

Floyd Fordham Fowler of Douglas Funk Greene Hall of Lee Hall of Floyd Henderson Hodges Horton Howard Hull Johnson Joiner Jones of Liberty Jones of Worth Jones of Lumpkin Jones of Sumter Jordan Keadle Keyton Killian Killingsworth King Lane Lanier Lewis Lokey Lowrey Mackay Mas see Matthews of Clarke Matthews of Colquitt McClelland McCracken McCutchen McDonald Milhollin Miller Mixon

Moorman Morgan Morris Moss Murphy Newton Odom Otwell Pannell Paris Parker of Screven Parker of Ware Parker of Appling Pelham Poole Purcell Raulerson Roberts Rodgers of Charlton Roper Ross Rowland Rutland Sangster Scarborough Shuman Simmons Sinclair Smith of Brantley Smith of Fulton Smith of Habersham Steis Story Strickland Stuckey Summers Taylor of Decatur Taylor of Bibb Todd Twitty

THURSDAY, FEBRUARY 23, 1961

825

Undercofler Vaughn Waldrop Walker of Lowndes

Walker of Telfair Ware Watson Wells of Peach

Wells of Oconee White Williams of Hall Young

Those voting in the negative were Messrs.:

Budd Clark of Catoosa Culpepper Hale

Lovett Moate Moore Phillips of Bibb

Teague Tucker Willingham Wilson

Those not voting were Messrs.:

Abney
Bolton Bowen of Randolph Bowen of Toombs Boyett Brackin Branch Brooks of Oglethorpe Brown Coker Conner Dicus Doster Duncan of Carroll Flynt Fowler of Treutlen Fuqua Harrell Hill Hurst

Jernigan Kelly Kidd Kimmons Kirkland Knight of Laurens Knight of Berrien Lee Loggins McGarity Melton Mullis Ne Smith Farmer Payton Phillips of Columbia Phillips of Walton Pickard Potts Ray Rogers of Paulding

Scoggin Sheffield Simpson Singer Smith of Grady Smith of Whitfield Stevens Tabb Tamplin Taylor of Dawson Thornton Underwood of
Montgomery Underwood of Taylor Wells of Camden Wickham Wilkes Williams of Coffee Woodward Mr. Speaker

On the passage of the Bill, the ayes were 132, nays 12.

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

HB 220. By Messrs. Ballard of Newton, Underwood of Montgomery and others:
A Bill authorizing the State Highway Department of Georgia to pay or participate in the payment of the cost of removing and relocating water distribution and sanitary sewer facilities owned by municipal corpora tions, counties, or other governmental subdivisions of the state of Geor gia, or by authorities controlled by such municipal corporations, coun ties, or other governmental subdivisions; and for other purposes.

The report of the Committee which was favorable to the passage of the Bill,

was agreed to.

\

On the passage of the Bill, the ayes were 143, nays 0.

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

826

JOURNAL OF THE HOUSE,

Mr. Phillips of Bibb asked unanimous consent that the following Bill of the House be placed on the Calendar for the purpose of considering the unfavorable report of the committee thereon:

HB 74. By Messrs. Phillips of Bibb, Andrews of Hall, and others:
A Bill to be entitled an Act to amend the Sales and Use Tax Act so as to limit the collection of such tax to 3% of the gross proceeds derived from sales; and for other purposes.

The consent was granted and HB 74 was placed on the Calendar for the pur pose of considering the unfavorable report of the committee.

By.unanimous consent, the following Bill of the House was withdrawn from the Committee on Ways and Means and recommitted to the Committee on Motor Vehicles:

HB 590. By Messrs. Bynum of Rabun, Matthews of Colquitt, and others:
A Bill to be entitled an Act to amend an Act relating to governing and controlling motor vehicle licenses; and for other purposes.

Mr. Blalock of Clayton asked unanimous consent that the following Bill of the Senate be withdrawn from the Committee on Ways and Means and recommitted to the Committee on General Judiciary:

SB 63. By Senator Smalley of the 26th:
A Bill to be entitled an Act to amend the Code so as to provide for pay ment of real property taxes by owner or transferee on one or more tracts of property; and for other purposes.

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

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

FRIDAY, FEBRUARY 24, 1961

827

Representative Hall, Atlanta, Georgia Friday, February 24, 1961
The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker.

Prayer was offered by the Chaplain.

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

Mr. Black of Webster, Chairman of the Committee on Auditing, Enrolling, Engrossing and Journals, reported that the Journal of the previous legislative day had been read and found to be correct.

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

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Report of Standing Committees. 4. Second reading of Bills and Resolutions. 5. Third reading and passage of local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions.

The following report of the Committee on Rules was read and adopted: Mr. Speaker:
Your Committee on Rules met and fixed the calendar for today's business, Friday, February 24, 1961, and submits the following:
1. HB 154. Appeals in Civil cases 2. HB 166. Impersonate agent, Revenue Dept. 3. HB 187. Solicitor-General Emeritus 4. HB 198. Negotiate with injured person 5. HB 219. Master plumber, examination 6. HB 230. Real Estate Investment Bd., amend 7. HB 255. Real Estate Investment Trusts, income tax exempt 8. HB 270. Renewal of real estate, licenses 9. HB 271. Fraudulent scheme, Telephone service 10. HB 316. Collection Agencies, licensing

828

JOURNAL OF THE HOUSE,

11. HB 317. Teachers' Retirement, amend
12. HB 322. Pertaining to Architects
13. HB 323. Loyalty oath, exempt pages 14. HB 326. Define eye banks.
15. HB 328. Exemption from taxation, certain property
16. HR 128-383. Appropriation to Fort McAllister
17. HB 393. Relating to bill of sale to secure debt 18. HB 395. Free Text book act, amend
19. HB 429. Employees' Retirement System, amend 20. HB 432. False wholesale advertising, amend
21. HB 452. Solicitors-General Retirement Fund 22. HR 167-511. Convey property, Clarke County 23. HB 524. Department of Labor, amend
24. HB 282. Auto tags, certain veterans 25. HB 360. Post Mortem Examination Act, amend
Respectfully submitted,
Twitty of Mitchell, Vice-Chairman.
Undercofler of Sumter, Secretary.
By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the committees:
HB 620. By Mr. Underwood of Montgomery:
A Bill to be entitled an Act to amend an Act so as to provide a method of identifying motor vehicles by county in which they are registered; and for other purposes. Referred to the Committee on Motor Vehicles.
HB 621. By Mr. Akins of Union:
A Bill to be entitled an Act to amend an Act abolishing the offices of Tax Collector and Tax Receiver in Union County, and creating the office of Tax Commissioner; and for other purposes.
Referred to the Committee on Local Affairs.
HB 622. By Mr. Moss of Calhoun: A Bill to be entitled an Act to amend an Act to change the tax millage limitation in Section 4 so as to authorize the Commissioner of Roads and Revenues of Gordon County to levy a tax not to exceed 3 mills; and for other purposes.
Referred to the Committee on Local Affairs.

FRIDAY, FEBRUARY 24, 1961

829

HB 623. By Mr. Moss of Calhoun:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Calhoun, so as to extend the corporate limits of the City of Calhoun; and for other purposes.
Referred to the Committee on Local Affairs.

HB 624. By Mr. Lanier of Candler:
A Bill to be entitled an Act to define the terms "agricultural products," "agricultural commodities," and "farm products"; and for other purposes.
Referred to the Committee on Agriculture.

HB 625. By Messrs. Killian and Flexer of Glynn:
A Bill to be entitled an Act to amend an Act relating to the regulation of the installation of warm air heating equipment, so as to remove certain counties from the applicability of said Act; and for other purposes.
Referred to the Committee on Industry.

HB 626. By Mr. Parker of Ware:
A Bill to be entitled an Act to fix the salary of the county commissioners in certain counties; and for other purposes.
Referred to the Committee on Local Affairs.

HB 627. By Mr. Black of Webster:
A Bill to be entitled an Act to amend an Act creating the office of Com missioner of Roads and Revenue for the County of Webster; and for other purposes.
Referred to the Committee on Local Affairs.

HB 628. By Mr. Lewis of Burke:
A Bill to be entitled an Act to provide that all persons, firms, or corpo rations, engaged in the business of motor vehicle storage or towing, shall, for the agreed price or the reasonable value of their services, have a lien against the motor vehicle which has been towed or stored; and for other purposes.
Referred to the Committee on Motor Vehicles.

HB 629. By Messrs. Bolton and Melton of Spalding:
A Bill to be entitled an Act to amend an Act relating to the relief of disabilities, so as to provide that the notice of application to remove disabilities shall be published once a week for four weeks within a sixty day period preceding the term of court at which the marital disabilities are removed; and for other purposes.
Referred to the Committee on Judiciary.

830

JOURNAL OF THE HOUSE,

HB 630. By Messrs. Bolton and Melton of Spalding:
A Bill to be entitled an Act to provide that it shall be unlawful for any person to sell any motor vehicle to any other person in the State of Geor gia unless the purchaser shall be the holder of a valid Georgia operator's or chauffeur's license; and for other purposes.
Referred to the Committee on Motor Vehicles.

HB 631. By Messrs. Willingham, Teague and Wilson of Cobb:
A Bill to be entitled an Act to incorporate a community in Cobb County to be known as "Chattahoochee Plantation"; to define the name, style and corporate limits of said City; and for other purposes.
Referred to the Committee on Local Affairs.

HB 632. By Messrs. Teague, Willingham and Wilson of Cobb:
A Bill to be entitled an Act to amend an Act incorporating the City of Marietta so as to allow the expenditure of monies derived from a street improvement bond issue for certain purposes; and for other purposes.
Referred to the Committee on Local Affairs.

HB 633. By Messrs. Willingham, Wilson and Teague of Cobb:
A Bill to be entitled an Act to amend an Act incorporating the Town of Austell and reincorporating said town as the City of Austell, so as to change the corporate limits of the City of Austell; and for other purposes.
Referred to the Committee on Local Affairs.

HB 634. By Messrs. Teague, Willingham and Wilson of Cobb:
A Bill to be entitled an Act to amend an Act abolishing the office of the Tax Collector and Tax Receiver of Cobb County and consolidating said offices into the Office of Tax Commissioner of Cobb County; and for other purposes.
Referred to the Committee on Local Affairs.

HB 635. By Messrs. Teague, Willingham and Wilson 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 Ordi nary, sheriff, deputy sheriff and Clerk of the Superior Court; and for other purposes.
Referred to the Committee on Local Affairs.

HB 636. By Messrs. Willingham, Wilson and Teague of Cobb:
A Bill to be entitled an Act to amend an Act providing for the establish ment of Fire Prevention Districts in Cobb County; and for other pur poses.
Referred to the Committee on Local Affairs.

FRIDAY, FEBRUARY 24, 1961

831

HB 637. By Mr. Purcell of Franklin:
A Bill to be entitled an Act to repeal an Act relating to the amount of the bond of the Sheriff of Franklin County; and for other purposes.
Referred to the Committee on Local Affairs.

HB 638. By Messrs. Wilson, Teague and Willingham of Cobb:
A Bill to be entitled an Act to amend an Act creating the Cobb Judicial Circuit; and for other purposes.
Referred to the Committee on Local Affairs.

HB 639. By Messrs. Barrett of Cherokee, Barber of Jackson, Kelly of Jasper, Hornton of Putnam, Bynum of Rabun, Smith of Brantley and others:
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 authorize the purchase of certain vehicles; and for other purposes.
Referred to the Committee on Natural Resources.

HB 640. By Messrs. Fleming, Hull and Fuqua of Richmond:
A Bill to be entitled an Act to authorize certain counties to establish and maintain a law library for the use of Judges, solicitors and officers of the courts of said counties; and for other purposes.
Referred to the Committee on Local Affairs.

HB 641. By Messrs. Rogers of Paulding, Coker of Walker and Knight of Berrien:
A Bill to be entitled an Act to provide for the creation of the State Board of Examiners of Professional Escort Services; and for other purposes.
Referred to the Committee on Industry.

HB 642. By Messrs. Smith of Whitfield and Boyett 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 provide for the closing of Whitfield Street; the conveyance of said street to abutting property owners; and for other purposes.
Referred to the Committee on Local Affairs.
HR 211-642. By Mr. Walker of Lowndes: A Resolution creating a committee to study finances; and for other pur poses.
Referred to the Committee on Rules.
HR 212-642. By Mr. Smith of Grady:
A Resolution to compensate Hall & Sons Milling Company, Inc.; and for other purposes. Referred to the Committee on Appropriations.

832

JOURNAL OF THE HOUSE,

HE 213-642. By Mr. Andrews of Stephens:
A Resolution to confirm and validate the emergency expenditure of funds by the Governor and the State Library to furnish certain law books to the Office of Judge of the Mountain Judicial Circuit; and for other purposes.
Referred to the Committee on Local Affairs.

HR 214-642. By Mr. Sheffield of Brooks:
A Resolution to establish the Georgia Commission on State Sovereignty and Independence; to provide for the taking of evidence on hearings by the Commission and that the Superior Court shall deal with disobedi ence of its orders and authority; and for other purposes.
Referred to the Committee on Judiciary.

HR 215-642. By Messrs. Fleming, Hull and Fuqua of Fleming, Funk, Dickey and Crawford of Chatham, McCracken of Jefferson, Lokey of McDuffie and many others:
A Resolution to provide for funds for the restoration of The White House of Augusta; and for other purposes.
Referred to the Committee on State of Republic.
HR 216-642. By Messrs. Smith of Brantley, Barrett of Cherokee, Horton of Putnam, Conner of Jeff Davis, Davis of Wayne, Massee of Pulaski and others:
A Resolution creating a committee relative to the establishment of a Georgia Police Academy; and for other purposes.
Referred to the Committee on Rules.
HB 643. By Messrs. Parker of Screven, Johnson of Jenkins, Arnsdorff of Effingham and Tamplin of Morgan:
A Bill to be entitled an Act to amend an Act creating the Georgia Milk Commission; to empower the Commission to prescribe how producers shall be paid for milk sold by them to distributors and producer-distrib utors; and for other purposes.
Referred to the Committee on Agriculture.
HB 644. By Messrs. Mackay, Howard and Rutland of DeKalb:
A Bill to be entitled an Act to amend an Act providing for fees of clerks in certain counties so as to provide for the collection of costs for the performance of the official duties of the Superior Court Clerks in coun ties having a population of 250,000 and not more than 500,000; and for other purposes.
Referred to the Committee on Local Affairs.

HB 645. By Messrs. McClelland and Brooks of Fulton:
A Bill to be entitled an Act to make the execution of tax returns by the taxpayers optional with the Tax Commissioner or Tax Receiver in cer-

FRIDAY, FEBRUARY 24, 1961

833

tain cities and counties having a Joint City-County Board of Tax Assess ors; and for other purposes.
Referred to the Committee on Local Affairs.

HB 646. By Messrs. McClelland and Brooks of Fulton:
A Bill to be entitled an Act to provide in certain counties, the governingauthorities of such counties shall be authorized to contract for additional group Life Insurance sufficient to provide a maximum of $10,000 on the life of each officer and employee; and for other purposes.
Referred to the Committee on Local Affairs.

HB 647. By Messrs. McClelland and Brooks of Fulton:
A Bill to be entitled an Act to provide in certain counties that the sale of fi. fas. by the Tax Commissioner or Tax Collector shall be optional; and for other purposes.
Referred to the Committee on Local Affairs.

HB 648. By Messrs. McClelland and Brooks of Fulton:
A Bill to be entitled an Act to make it a penal offense in Georgia to drive any vehicle over a fire hose when in use; and for other purposes.
Referred to the Committee on State of Republic.

HB 649. By Messrs. McClelland and Brooks of Fulton:
A Bill to be entitled an Act to provide in certain counties that the Tax Collector or Tax Commissioner, shall retain the physical custody and control of all tax deeds as agent for the grantee and shall have authority to cancel said deeds upon the lawful payment of the redemption price when tendered by the taxpayer entitled to make such redemption; and for other purposes.
Referred to the Committee on Local Affairs.

HB 650. By Mr. McClelland of Fulton:
A Bill to be entitled an Act to amend an Act authorizing the Board of Commissioners of Roads and Revenues of Fulton County to establish rules and regulations governing the payment of pensions to county em ployees, so as to provide that membership to and benefits from said pension fund shall be limited to those officers and employees who were members of said pension fund at the time of the approval of this Act; and for other purposes.
Referred to the Committee on Local Affairs.

HB 651. By Mr. Brooks of Fulton:
A Bill to be entitled an Act to amend an Act to provide in Fulton County a system for pension and retirement pay for teachers and employees of the Board of Education, so as to provide that membership to and benefits from said pension fund shall be limited to those teachers and employees

834

JOURNAL OP THE HOUSE,

of the Board of Education who were members of said pension fund at the time of the approval of this Act; and for other purposes.
Referred to the Committee on Local Affairs.

HB 652. By Messrs. Brooks and McClelland of Fulton:
A Bill to be entitled an Act to provide that in Pulton County the Ordi nary, Sheriff, Clerk of Superior Court, may appoint a Chief Deputy, so as to provide that the Chief Deputy Clerk of the Superior Court may serve as administrative officer of the Superior Court or another deputy may be appointed to render said service; and for other purposes.
Referred to the Committee on Local Affairs.

HB 653. By Messrs. Brooks and McClelland of Fulton:
A Bill to be entitled an Act to amend an Act to establish a method for providing Park and Recreational Systems in the unincorporated portions of Pulton County, by providing that Community Centers may be oper ated by Pulton County under the direction of the County Agricultural agent or county agricultural agent emeritus; and for other purposes.
Referred to the Committee on Local Affairs.

Mr. Lanier of Candler 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 580. Do Pass.

Respectfully submitted,

Lanier of Candler, Chairman.

Mr. Busbee of Dougherty 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 63. Do Pass.

HB 581. Do Pass.

HB 80. Do Pass.

HB 234. Do Pass, as Amended.

HB 544. Do Pass.

Respectfully submitted,

Busbee of Dougherty, Chairman.

FRIDAY, FEBRUARY 24, 1961

835

Mr. Underwood of Montgomery 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 557. Do Pass.

HB 558. Do Pass.

Respectfully submitted,

Underwood of Montgomery, Chairman.

Mr. Underwood of Montgomery 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 361. Do Pass. HB 364. Do Pass. HB 436. Do Pass. HB 457. Do Pass. HB 508. Do Pass. HB 509. Do Pass. HB 510. Do Pass. HB 512. Do Pass. HB 513. Do Pass. HB 517. Do Pass. HB 518. Do Pass. HB 519. Do Pass. HB 521. Do Pass. HB 522. Do Pass. HB 523. Do Pass. HB 525. Do Pass. HB 526. Do Pass. HB 527. Do Pass. HB 528. Do Pass. HB 529. Do Pass.

836

JOURNAL OF THE HOUSE,

HB 530. Do Pass.

HE 531. Do Pass.

HB 532. Do Pass.

HB 538. Do Pass.

HB 541. Do Pass.

HB 547. Do Pass.

HB 548. Do Pass.

HB 549. Do Pass.

HB 550. Do Pass.

HB 551. Do Pass.

HB 553. Do Pass.

HB 555. Do Pass.

HB 559. Do Pass.

HB 562. Do Pass.

HB 563. Do Pass.

HB 564. Do Pass.

HB 565. Do Pass.

HB 566. Do Pass.

HB 571. Do Pass.

HB 572. Do Pass.

HB 575. Do Pass.

HB 576. Do Pass.

HB 577. Do Pass.

HB 578. Do Pass.

HB 579. Do Pass.

HB 546. Do Pass, by Substitute.

HB 516. Do Pass, as Amended.

HR 178-541. Do Pass.

HR 179-541. Do Pass.

HR 180-571. Do Pass.

HR 184-571. Do Pass.

HR 185-574. Do Pass.

Respectfully submitted,

Underwood of Montgomery, Chairman.

FRIDAY, FEBRUARY 24, 1961

837

Mr. Caldwell of Upson County, Chairman of the Committee on Motor Vehicles, submitted the following report:
Mr. Speaker:
Your Committee on Motor Vehicles has had under consideration the follow ing Bills of the House and has instructed me, as Chairman, to report the same back to the House with the following recommendations:
HB 501. Do Pass.
HB 81. Do Pass, by Substitute.
HB 556. Do Pass.
Respectfully submitted,
Caldwell of Upson, Chairman.

Mr. Barrett of Cherokee County, Chairman of the Committee on Natural Resources, 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 591. Do Pass.
HB 196. Do Pass.
Respectfully submitted,
Barrett of Cherokee, Chairman.

Mr. Barrett of Cherokee County, Chairman of the Committee on Natural Resources, submitted the following report:
Mr. Speaker:
Your Committee on Natural Resources has had under consideration the fol lowing Bill and Resolution of the House and has instructed me, as Chairman, to report the same back to the House with the following recommendations:
HR 144-415. Do Pass.
HB 391. Do Pass.
Respectfully submitted,
Barrett of Cherokee, Chairman.

Mr. Twitty of Mitchell County, Vice-Chairman of the Committee on Rules, submitted the following report:
Mr. Speaker:
Your Committee on Rules has had under consideration the following Resolu-

838

JOURNAL OP THE HOUSE,

tion of the House and has instructed me, as Vice-Chairman, to report the same back to the House with the following recommendation:
HR 166-463. Do Pass, as Amended.
Respectfully submitted,
Twitty of Mitchell, Vice-Chairman.

Mr. McCracken of Jefferson County, Chairman of the Committee on State of the Republic, submitted the following report:
Mr. Speaker:
Your Committee on State of the Republic has had under consideration the following Bills and Resolution of the House and Senate and has instructed me, as Chairman, to report the same back to the House with the following recommenda tions :
HB 269. Do Pass.
SB 81. Do Pass.
HB 327. Do Pass.
HB 585. Do Pass.
HB 589. Do Pass.
SB 92. Do Pass, as Amended.
SR 39. Do Pass.
Respectfully submitted,
McCracken of Jefferson, Chairman.

Mr. Cox of Clarke County, Chairman of the Committee on State Institutions and Property, submitted the following report:
Mr. Speaker:
Your Committee on State Institutions and Property has had under considera tion the following Resolution of the House and has instructed me, as Chairman, to report the same back to the House with the following recommendation:
HR 177-538. Do Pass.
Respectfully submitted,
Cox of Clarke, Chairman.

Mr. Smith of Fulton County, Vice-Chairman of the Committee on Welfare, submitted the following report:
Mr. Speaker:
Your Committee on Welfare has had under consideration the following Reso-

FRIDAY, FEBRUARY 24, 1961

839

lution of the House and has instructed me, as Vice-Chairman, to report the same back to the House with the following recommendation:
HR 106. Do Pass.
Respectfully submitted,
Smith of Fulton, Vice-Chairman.

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

HB 580. By Messrs. Smith of Grady, Sinclair of Macon and Tabb of Miller:
A Bill to be entitled an Act to amend an Act relating to the levy and exemption therefrom of an excise tax on motor fuels and kerosene, so as to provide for a refund of said tax to nurserymen who otherwise qualify for said refunds; and for other purposes.

HB 581. By Messrs. Smith of Grady, Underwood of Montgomery, Jones of Liberty, Hull of Richmond and Busbee of Dougherty:
A Bill to be entitled an Act to amend an Act relating to when it is proper to direct verdicts in jury trials; and for other purposes.

HB 582. By Mr. Clark of Catoosa:
A Bill to be entitled an Act to amend an Act to create the office of Tax Commissioner of Catoosa County; and for other purposes.

HB 583. By Messrs. Kelly of Jasper, Bynum of Rabun, Fleming of Richmond, Shuman of Bryan, Knight of Laurens, Steis of Harris, and others:
A Bill to be entitled an Act to transfer the Department of State Parks from the Division of Conservation to the State Game and Fish Commis sion; and for other purposes.

HB 584. By Mr. Rogers of Paulding:
A Bill to be entitled an Act to amend an Act supplementing the compen sation of the Sheriff of certain counties; and for other purposes.

HB 585. By Mr. Undercofler of Sumter:
A Bill to be entitled an Act to amend an Act relating to the special mas ter procedure for exercising the power of eminent domain, so as to rede fine the term "condemning body" as used in the Act; and for other pur poses.

HB 586. By Mr. Akins of Union:
A Bill to be entitled an Act to amend an Act creating the office of Tax Commissioner so as to change the salary of the Tax Commissioner of Union County; and for other purposes.

840

JOURNAL OF THE HOUSE,

HB 587. By Mr. Clark of Catoosa:
A Bill to be entitled an Act to amend an Act creating the office of Com missioner of Roads and Revenue of the County of Catoosa; and for other purposes.

HB 588. By Mr. Clark of Catoosa:
A Bill to be entitled an Act to amend an Act providing for a clerical assistant to the Sheriff of Catoosa County; and for other purposes.

HB 589. By Mr. Undercofler of Sumter:
A Bill to be entitled an Act to amend an Act known as the "Urban Re development Law," so as to provide for certain findings by the local governing body when the urban redevelopment area consists of open lands; and for other purposes.
HB 590. By Messrs. Bynum of Rabun, Matthews of Colquitt, Williams of Hall, Andrews of Stephens and Purcell of Franklin:
A Bill to be entitled an Act to amend an Act relating to public Revenue, pertaining to governing and controlling motor vehicle licenses; and for other purposes.
HB 591. By Mr. Kimmons of Pierce:
A Bill to be entitled an Act to amend an Act relating to fishing on the Sabbath, so as to provide that it shall only be unlawful to engage in com mercial fishing on the Sabbath; and for other purposes.

HB 592. By Mr. Murphy of Haralson:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Bremen; and for other purposes.

HB 593. By Messrs. Lovett of Laurens and Howard of DeKalb:
A Bill to be entitled an Act to reorganize the State Department of Law, so as to eliminate therefrom the right of State Officials to appear with their witnesses before grand juries while considering indictments for malfeasance in office; and for other purposes.

HB 594. By Messrs. Lovett of Laurens and Howard of DeKalb:
A Bill to be entitled an Act to amend an Act relating to the indictment of county officials for malpractice while in office, so as to eliminate therefrom the right of said officials and their witnesses to appear before the grand jury; and for other purposes.

HB 595. By Mr. Paris of Barrow:
A Bill to be entitled an Act creating a new charter for the City of Winder, so as to provide that the Mayor and Council shall be authorized to make sanitary assessments on property and lots within said city; and for other purposes.

FRIDAY, FEBRUARY 24, 1961

841

HB 596. By Mr. Caldwell of Upson:
A Bill to be entitled an Act relating to motor vehicle registration and license fees; relating to the proration fees for parts of a year and the time for registering and paying the required fees; and for other purposes.

HB 597. By Messrs. Lanier of Candler and Strickland of Evans:
A Bill to be entitled an Act to amend an Act known as the Georgia Seed Law, so as to provide that each lot of seed shall be labelled to show the actual germination and the date of the test to show such germination; and for other purposes.

HB 598. By Messrs. Andrews and Williams of Hall:
A Bill to be entitled an Act to provide for the suspension of the payment of benefits, under certain conditions, to persons who have retired from the Teachers' Retirement System or the State Employees Retirement System; and for other purposes.

HB 599. By Messrs. Andrews and Williams of Hall:
A Bill to be entitled an Act to amend an Act establishing the State Em ployees' Retirement System, so as to change the provisions relating to persons who are members of the Teachers Retirement System of Georgia becoming employees of an agency subject to the provisions of this Act; and for other purposes.

HR 187-599. By Messrs. Smith of Emanuel and Caldwell of Upson:
A Resolution to authorize the State Revenue Commissioner, in the reg istration of motor and other vehicles, to furnish a license plate of such quality as will last for more than one year, and annually, thereafter, for as long as he finds it feasible, to issue a metal strip or disc or other similar indicia, to be affixed thereto and show the annual registration, as required by law, of the vehicle to which attached in lieu of a complete plate as has been the practice; and for other purposes.

HR 188-599. By Mr. Budd of Lowndes:
A Resolution to compensate Miss Effie Eugenia Carroll; and for other purposes. (State Highway)

HR 189-599. By Mr. Crawford of Chatham:
A Resolution to compensate Employers Casualty Insurance Company; and for other purposes.

HR 190-599. By Mr. Crawford of Chatham: A Resolution to compensate Sav-A-Stop, Inc.; and for other purposes.

HR 191-599. By Mr. Jernigan of Clinch:
A Resolution to compensate the Slash Pine Electric Membership Cor poration; and for other purposes. (Highway Dept.)

842

JOURNAL OP THE HOUSE,

HR 192-599. By Mr. Odom of Dougherty:
A Resolution to compensate Mr. James W. Wood and Mrs. Vierra Wood; and for other purposes. (Parks Dept.)

HB 600. By Messrs. Keyton of Thomas, Bozeman of Thomas, NeSmith of Meriwether, Cocke of Terrell, Hall of Lee, Fuqua of Richmond and others:
A Bill to be entitled an Act to authorize the governing authorities of the various counties to make, adopt, amend, and repeal building, housing, electrical, plumbing, gas and other similar codes; and for other purposes.

HB 601. By Mr. Budd of Lowndes:
A Bill to be entitled an Act to provide that no advertising agency or media shall charge any rate for their services in excess of those charges in effect for similar subscribers of such services for any political ad vertisement or program; and for other purposes.

HB 602. By Mr. Budd of Lowndes:
A Bill to be entitled an Act to amend an Act relating to the penalty for fraudulently making, drawing, uttering, or delivering any check, draft, or order for payment of money, so as to provide that in certain instances violations of this section shall be a felony; and for other purposes.

HB 603. By Mr. Budd of Lowndes:
A Bill to be entitled an Act to amend an Act relating to the penalty for wrongful sale or removal of mortgaged property, so as to provide that in certain instances a violation of this section shall be deemed a felony; and for other purposes.

HB 604. By Mr. Budd of Lowndes:
A Bill to be entitled an Act to provide a procedure to be followed in con nection with the expenditure of public funds when competitive bids are required; and for other purposes.

HB 605. By Mr. Kirkland of Tattnall:
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 Tattnall; and for other purposes.

HB 606. By Mr. Kirkland 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 607. By Mr. Fowler of Treutlen:
A Bill to be entitled an Act to provide that where two or more persons now or in the future own lands and tenements as common owners, whether as life tenants or otherwise, any one or more of such owners may compel a partition, which may upon a proper judgment of the Superior Court based upon an application therefor, bind all parties

FRIDAY, FEBRUARY 24, 1961

843

interested whether in possession, reversion or remainder, and whether or not those entitled to take as remaindermen or reversioners are in ease; and for other purposes.

HB 608. By Messrs. Steis of Harris, Ross of Lincoln, Howard of DeKalb, Caldwell of Upson, Jernigan of Clinch, Stuckey of Dodge and others:
A Bill to be entitled ah Act to amend an Act which provides for the limitation on Cities' right of taxation by exempting from taxation travel ing salesmen, so as to exempt certain merchants and dealers and their employees from municipal taxation; and for other purposes.

HB 609. By Messrs. Greene and Crow 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; and for other purposes.

HB 610. By Messrs. Greene and Crowe of Bartow:
A Bill to be entitled an Act creating a new charter for the City of Car tersville, so as to change the corporate limits of said city; and for other purposes.

HB 611. By Messrs. Greene and Crowe 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; and for other purposes.

HB 612. By Messrs. Floyd and Loggin of Chattooga:
A Bill to be entitled an Act to provide that the Ordinary of Chattooga County be placed on a salary basis in lieu of a fee system of compensa tion; and for other purposes.

HB 613. By Messrs. Abney and Coker of Walker:
A Bill to be entitled an Act to amend the Charter of the City of Rossville, so as to change the corporate limits; and for other purposes.

HB 614. By Mr. Clark of Catoosa:
A Bill to be entitled an Act to amend the Charter of the Town of Fort Oglethorpe, so as to enlarge the corporate limits; and for other purposes.

HR 209-614. By Messrs. Taylor, Phillips and Thornton of Bibb:
A Resolution compensating Emory E. Griffin; and for other purposes. (State Highway Dept.)

HR 210-614. By Messrs. Fuqua and Hull of Richmond, NeSmith of Meriwether, Pelham of Schley, Mackay of DeKalb, Flexer of Glynn and others:
A Resolution creating a committee to study the Uniform Commercial Code; and for other purposes.

844

JOURNAL OP THE HOUSE,

HB 615. By Messrs. Howard, Rutland and Mackay of DeKalb:
A Bill to be entitled an Act creating and establishing the Civil Court of DeKalb County and all Acts amendatory thereof so as to provide for the salaries of the judges; to provide for the salaries of the solicitor; to pro vide for the salaries of the clerk and marshal of said court; to provide for the appointment of assistant solicitor, to fix salaries of the assistant solicitors of said court; and for other purposes.
HB 616. By Messrs. Howard, Rutland and Mackay of DeKalb:
A Bill to be entitled an Act to amend an Act approved March 6, 1956 fixing, prescribing and establishing compensation and/or salaries of the elected county officials of and in the County of DeKalb, including the Ordinary, Clerk of Superior Court, the Sheriff and Tax Commissioner, adjusting the salaries; and for other purposes.
HB 617. By Messrs. Mackay, Howard and Rutland of DeKalb:
A Bill to be entitled an Act to amend an Act approved March 9, 1943, providing for the official court reporter for the Mountain Judicial Cir cuit, by providing increase in the salary of such official reporter; to increase fees for transcribing cases; and for other purposes.
HB 618. By Messrs. Mackay, Howard and Rutland of DeKalb:
A Bill to be entitled an Act to amend an Act providing that counties having a population of more than 200,000, shall furnish aid and relief and pensions to regular members of the county police department so as to change population figure to "500,000 according to U.S. Census of 1960"; and for other purposes.
HB 619. By Messrs. Howard, Rutland and Mackay of DeKalb:
A Bill to be entitled an Act to amend an Act revising, superseding and consolidating the laws pertaining to the governing authority of DeKalb County, so as to prescribe the salary for the Chairman of Board of Com missioners of Roads and Revenues and the manner of payment thereof; and for other purposes.
SR 36. By Senator Mathews of the 48th:
A Resolution proposing an amendment to the Constitution so as to au thorize the City of Cordele to issue revenue bonds for the purchase, con struction, lease and sale of facilities useful to industry or commerce; to provide for the submission of this amendment for ratification or rejec tion; and for other purposes.
SB 93. By Senator Sanders of the 18th:
A Bill to be entitled an Act to amend an Act relating to State Senatorial Districts, so as to provide for qualifying with the ordinary of each county in the Senatorial District; to declare members of the State Senate to be State Officers; and for other purposes.
SB 100. By Senators Sanders of the 18th and Knox of the 54th:
A Bill to be entitled an Act to amend an Act relating to pensions for fire men; and for other purposes.

FRIDAY, FEBRUARY 24, 1961

845

SB 115. By Senator Sanders of the 18th:
A Bill to be entitled an Act to authorize the State Department of Public Welfare to establish divisions or branches and location of State training schools, provide authority to discontinue to operate any such division or branch of training schools; and for other purposes.

SB 116. By Senator Sanders of the 18th:
A Bill to be entitled an Act to amend an Act known as the "Aid to the Blind Act"; so as to increase eligibility income deductions; and for other purposes.

SB 117. By Senator Sanders of the 18th:
A Bill to be entitled an Act to amend an Act abolishing Hospital Care Council and Hospital Advisory Committee and created the Hospital Ad visory Council for Construction, Licensure and Indigent Care, so as to increase the membership of said council; change compensation for mem bers; and for other purposes.

SB 131. By Senator Conger of the 8th:
A Bill to be entitled an Act to create an Airport Authority in certain counties; 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 364. By Messrs. Smith, McClelland and Brooks of Fulton:
A Bill amending the Act establishing the charter of the City of Atlanta with reference to the assessment of ad valorem taxes and the collection of same; and for other purposes.

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

On the passage of the Bill, the ayes were 120, nays 0.

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

HB 436. By Messrs. Smith, McClelland and Brooks of Fulton:
A Bill to amend an Act so as to close and open certain streets in 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 120, nays 0.

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

846

JOURNAL OF THE HOUSE,

HB 457. By Messrs. Smith, McClelland and Brooks of Fulton:
A Bill to amend an Act so as to authorize the City of Atlanta to contract with 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 508. By Messrs. Brooks, McClelland and Smith of Fulton:
A Bill providing retirement benefits for the mayors of cities having a certain population; and for other purposes.

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

On the passage of the Bill, the ayes were 120, nays 0.

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

HB 512. By Messrs. Waldrop and Duncan of Carroll:
A Bill to provide for the qualifications of voters in the Town of Temple in Carroll County; and for other purposes.

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

On the passage of the Bill, the ayes were 120, nays 0.

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

HB 513. By Mr. Singer of Stewart:
A Bill to provide for increasing the corporate limits of the City of Lumpkin; and for other purposes.

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

On the passage of the Bill, the ayes were 120, nays 0.

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

HB 509. By Messrs. Brooks, McClelland and Smith of Fulton:
A Bill providing retirement benefits for department heads of the City of Atlanta; and for other purposes.

FRIDAY, FEBRUARY 24, 1961

847

The report 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 510. By Messrs. Brooks, McClelland and Smith of Fulton:
A Bill providing retirement benefits for department heads of cities hav ing 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 120, nays 0.

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

HB 517. By Messrs. Brooks, McClelland and Smith of Fulton:
A Bill authorizing certain cities to employ retired officers and employees of Boards of Education; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 120, nays 0.

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

HB 518. By Messrs. Brooks, McClelland and Smith of Fulton:
A Bill authorizing certain cities to employ retired officers and employees of Fire Departments; and for other purposes.

The report 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 519. By Messrs. Boyett and Smith of Whitfield:
A Bill authorizing the City of Dalton to extend its corporate limits; and for other purposes.

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

On the passage of the Bill, the ayes were 120, nays 0.

848

JOURNAL OP THE HOUSE,

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

HB 521. By Messrs. Willingham, Wilson and Teague of Cobb:
A Bill authorizing the City of Acworth to extend its corporate limits; and for other purposes.

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

On the passage of the Bill, the ayes were 120, nays 0.

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

HB 522. By Messrs. Wilson, Teague and Willingham of Cobb:
A Bill authorizing the City of Smyrna to extend its corporate limits; and for other purposes.

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

On the passage of the Bill, the ayes were 120, nays 0.

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

HB 523. By Messrs. Willingham, Teague and Wilson of Cobb:
A Bill authorizing the City of Powder Springs to extend its corporate limits; and for other purposes.

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

On the passage of the Bill, the ayes were 120, nays 0.

The Bill, having received the requisite constitutional majority, was passed.
HB 525. By Messrs. Fleming, Puqua and Hull of Richmond: A Bill authorizing additional compensation for the Solicitor General of the Augusta Circuit; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 120, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 526. By Messrs. Fleming and Hull of Richmond: A Bill amending an Act entitled "An Act to establish the City Court of Richmond"; and for other purposes.

FRIDAY, FEBRUARY 24, 1961

849

The report 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 527. By Messrs. Fleming, Hull and Fuqua of Richmond: A Bill revising, consolidating and clarifying the laws relating to the Municipal Court of the City of Augusta; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 120, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 541. By Mr. Summers of Crisp: A Bill 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 120, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 528. By Messrs. Hull, Fuqua and Fleming of Richmond: A Bill to change from the fee to the salary system officers 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 120, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 529. By Messrs. Hull, Fuqua and Fleming of Richmond: A Bill to repeal an Act incorporating the Village of Nellieville; and for other purposes.
The report 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.

850

JOURNAL OF THE HOUSE,

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

HB 530. By Messrs. Hull, Fuqua and Fleming of Richmond:
A Bill to provide for the appointment of a first assistant solicitorgeneral in counties of a certain population; and for other purposes.

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

On the passage of the Bill, the ayes were 120, nays 0.

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

HB 531. By Messrs. Hull, Fuqua and Fleming of Richmond:
A Bill to provide that the coroner in counties of a certain population shall be paid a 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 120, nays 0.

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

HB 532. By Messrs. Hull, Fuqua and Fleming of Richmond:
A Bill to provide for the appointment of a secretary to serve the judges of the city courts in counties of a certain population; 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 538. By Messrs. Pickard, Wickham and Dicus of Muscogee:
A Bill to vest in the City of Columbus fee simple title to a certain tract of land; and for other purposes.

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

On the passage of the Bill, the ayes were 120, nays 0.

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

FRIDAY, FEBRUARY 24, 1961

851

HB 547. By Messrs. Andrews and Williams of Hall:
A Bill amending 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 120, nays 0.

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

HB 548. By Messrs. Andrews and Williams of Hall:
A Bill amending the Civil Service Act of 1960, for the City of Gaines ville, Georgia; and for other purposes.

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

On the passage of the Bill, the ayes were 120, nays 0.

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

HB 549. By Messrs. Andrews and Williams of Hall:
A Bill amending the Charter of the City of Gainesville, Georgia; and for other purposes.

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

On the passage of the Bill, the ayes were 120, nays 0.

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

HB 550. By Mr. Mixon of Irwin: A Bill amending "An Act to incorporate the City of Ocilla, Irwin County, Georgia, and for other purposes," and the Act amendatory thereto; and for other purposes.
The report 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 551. By Mr. Mixon of Irwin: A Bill amending "An Act to incorporate the City of Ocilla, Irwin County, Georgia, and for other purposes," and the Acts amendatory thereto; and for other purposes.

852

JOURNAL OF THE HOUSE,

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

On the passage of the Bill, the ayes were 120, nays 0.

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

HB 553. By Messrs. Taylor, Phillips and Thornton of Bibb:
A Bill authorizing the City of Macon to close for street purposes all that portion of the ten-foot alley known as Orange Street Lane in Square 82 of said City between High Street and High Street Lane; and for other purposes.

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

On the passage of the Bill, the ayes were 120, nays 0.

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

HB 555. By Messrs. Ware of Troup and Birdsong of Troup:
A Bill creating a new charter for the City of West Point; and for other purposes.

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

On the passage of the Bill, the ayes were 120, nays 0.

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

HB 559. By Mr. Phillips of Walton:
A Bill amending the City Charter of Monroe so as to provide for a Board of Police 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 120, nays 0.

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

HB 562. By Mr. Loggins of Chattooga:
A Bill amending the City Court of Chattooga County, Georgia, and create the Office of City Court Solicitor in said county; and for other purposes.

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

FRIDAY, FEBRUARY 24, 1961

853

On the passage of the Bill, the ayes were 120, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 563. By Mr. Loggins of Chattooga:
A Bill amending "An Act to incorporate the town of Menlo, in the County of Chattooga"; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 120, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 564. By Messrs. Floyd and Loggins of Chattooga: A Bill consolidating all of the Laws chartering the City of Summerville in the County of Chattooga and to grant a new Charter to said City; and for other purposes.

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

On the passage of the Bill, the ayes were 120, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 565. By Messrs. Lee and Blalock of Clayton: A Bill amending 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 566. By Messrs. Lee and Blalock of Clayton:
A Bill amending an Act incorporating the City of Morrow, Georgia; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 120, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

854

JOURNAL OF THE HOUSE,

HB 571. By Messrs. Rutland, Howard and Mackay of DeKalb:
A Bill amending Section 21-105 of the Code of Georgia of 1933 so as to provide that coroners in counties having a population of not less than 240,000 and not more than 260,000 shall receive a salary in lieu of the fees allowed by law for holding 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 120, nays 0.

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

HB 572. By Mr. Brooks of Oglethorpe:
A Bill creating the Office of Commissioner of Roads and Revenues for Oglethorpe County; and for other purposes.

The report 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 575. By Mr. McGarity of Henry:
A Bill creating the Henry County Water Authority; 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 576. By Mr. McGarity of Henry: A Bill incorporating the City of Hampton; and for other purposes.
The report 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 577. By Mr. McGarity of Henry: A Bill to protect the health and safety of the residents of Henry County being outside the corporate limits of municipalities; and for other pur poses.

FRIDAY, FEBRUARY 24, 1961

855

The report 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 578. By Messrs. Story and Morgan of Gwinnett:
A Bill creating a new charter for the City of Norcross; and for other purposes.

The renort 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 579. By Messrs. Story and Morgan of Gwinnett:
A Bill amending an Act creating the Office of Tax Commissioner of Gwinnett County; and for other purposes.

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

On the passage of the Bill, the ayes were 120, nays 0.

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

HB 557. By Messrs. Dicus, Pickard and Wickham of Muscogee:
A Bill authorizing the construction, establishment and maintenance of a law library and facilities in any counties in this State having a popula tion of not less than 150,000 nor more than 175,000; 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 558. By Mr. NeSmith of Meriwether:
A Bill amending an Act which incorporated the city of Manchester; and for other purposes.

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

856

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 361. By Mr. Clarke of Monroe:
A Bill relating to the incorporation of the City of Forsyth; and for other purposes.

The following Committee amendment was read and adopted:
The Committee on Local Affairs moves to amend HB 361 as follows:
By striking Section 6 of this Act in its entirety and inserting in lieu thereof a new Section 6, to read as follows:
"Section 6. Not less than twenty (20) days after the date of approval of this Act by the Governor, or after it otherwise becomes law, but not later than the next City primary, it shall be the duty of the Mayor and Alderman of the City of Forsyth to issue a call for and conduct an election for the purpose of submitting the changes of the Forsyth City Charter contained in Sections 1, 2 and 3 of this Act to the voters of the City of Forsyth for approval or rejection. The Mayor and Alderman 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 Monroe County. The ballot shall have written or printed thereon the words:
"For approval of the Act extending the term of office for the Mayor of the City of Forsyth from one year to two years.
"Against approval of the Act extending the term of office for the Mayor of the City of Forsyth from one year to two years."
"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 less than a majority of votes cast on such question are for 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 Forsyth. It shall be the duty of the Mayor and Alderman 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 other wise provided herein. It shall be the duty of the Mayor and Alder man to canvass the returns and declare and certify the result of the election. It shall be their further duty to certify the result thereof to the Secretary of State.", and
By adding a new Section 7 to the Act, which shall read as follows:
"Section 7. All laws and parts of laws in conflict with this Act are hereby repealed."

The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to.

FRIDAY, FEBRUARY 24, 1961

857

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 516. By Messrs. Dollar and Taylor of Decatur:
A Bill relating to the compensation of the Treasurer of Decatur County; and for other purposes.

The following Committee amendment was read and adopted:
The Committee on Local Affairs moves to amend HB 516 as follows:
By striking the words and figures "One Hundred Fifty ($150.00) Dollars" per month wherever said words and figures shall appear in said Bill and inserting in lieu thereof the words and fig ures "One Hundred ($100.00) Dollars" per month.

The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to.

On the passage of the Bill, as amended, the ayes were 120, nays 0.

The Bill, having received the requisite constitutional majority, was passed, as amended.

HB 546. By Mr. Akins of Union:
A Bill to change the compensation of the Sheriff, the Ordinary, and the Clerk of the Superior Court of Union County from the fee system to the salary system; and for other purposes.

The following Committee substitute was read and adopted:
A BILL
To be entitled an Act to change the compensation of the Sheriff, the Ordinary, and the Clerk of the Superior Court of Union County from the fee system to the salary system; to provide the salaries of such officers; to provide for employees of said officers; to provide for the disposition of fees and costs; to provide the procedure in connection with such change; 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 compensation of the Sheriff, the Ordinary and the Clerk of the Superior Court of Union County which is now based on a fee system is hereby abolished and said officials shall hereafter be paid salaries as herein provided. All fees, costs, percentages, forfeitures, allowances, and all other perquisites of whatever kind as are now, or may hereafter be allowed by law to be received or collected as compensation for services by said officials shall be diligently received and collected by all of said

858

JOURNAL OP THE HOUSE,

officials for the sole use of Union County and shall be held as public monies belonging to said County and accounted for and paid over to the fiscal authorities of said County at such time of each month as the county fiscal authorities shall direct, at which time a detailed itemized statement shall be made by each officer showing his collections and the sources from which collected.
SECTION 2.
The Sheriff of Union County shall be compensated in the sum of $3,600.00 per annum, payable in equal monthly installments from the funds of Union County. The Sheriff shall appoint such deputy or depu ties as may be necessary to efficiently perform the duties of his office and set their compensation which shall be paid out of salary of the Sheriff of Union County. Union County shall provide all necessary supplies and equipment needed for the office of Sheriff, except automo biles.
SECTION 3.
The Ordinary of Union County shall be compensated in the sum of $3,000.00 per annum payable in equal monthly installments from the funds of Union County. The Ordinary shall hire such clerical help and deputies as shall be necessary to efficiently perform the duties of his office and set the compensation therefor which shall be paid from the salary of the Ordinary of Union County. Union County shall furnish all necessary office supplies and equipment essential to the operation of the Office of Ordinary.
SECTION 4.
The Clerk of the Superior Court of Union County shall be compen sated in the sum of $3,000.00 per annum, payable in equal monthly in stallments from the funds of Union County. The Clerk shall hire such clerical help as may be necessary to efficiently perform the duties of his office and set the compensation therefor which shall be paid from the salary of the Clerk of the Superior Court of Union County. Union County shall provide all necessary office supplies and equipment essential to the operation of the office of said Clerk.

SECTION 5.
This Act shall become effective on the first day of the month follow ing that month in which it becomes law.

SECTION 6.
All laws and parts of laws in conflict with this Act are hereby repealed.
Legal Advertisement
Notice of Intention to Introduce Local Legislation.
Notice is hereby given by me that Local Legislation will be intro duced in the January 1961 General Assembly placing the Clerk of Su perior Court, Union County, on a salary of $1800.00 per year with an allowance of $50.00 per month for clerical hire. The Ordinary will be placed on a salary of $1800.00 per year with clerical hire of $50.00 per

FRIDAY, FEBRUARY 24, 1961

859

month. The Sheriff will be placed on a salary of $1800.00 per year with $50.00 per month allowance for a Deputy. Also included in this legisla tion will be an allowance of $50.00 per month for clerical hire for Tax Commissioner. All fees collected by the Clerk's office, the Ordinary's Office and the Sheriff's Office will be deposited with the County Treas urers Office, to be used for the operation of the County Government.
Bonnell Akins, Representative, Union County.
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly au thorized to administer oaths, Bonnell Akins, who, on oath, deposes and says that he is Representative from Union County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the North Georgia News, which is the official organ of said County, on the following dates: January 19, January 26, and February 2, 1961.
Bonnell Akins, Representative, Union County.
Sworn to and subscribed before me this 23rd day of February, 1961.
/&/ Patricia Anne Bowen, Notary Public, Georgia, State at Large. My commission expires Mar. 17, 1964. (Seal).

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.

HR 178-541. By Messrs. Story and Morgan of Gwinnett:
A Resolution authorizing and directing the State Librarian to furnish certain law books to the Judge of Superior Court of the Gwinnett Judi cial Circuit; and for other purposes.

The report 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 179-541. By Messrs. Story and Morgan of Gwinnett:
A Resolution authorizing and directing the State Librarian to furnish certain law books to the Clerk of the Superior Court and the Ordinary of Gwinnett County; and for other purposes.

860

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 120, nays 0.

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

HR 180-571. By Mr. McCutchen of Gilmer:
A Resolution authorizing and directing the State Librarian to furnish certain law books for the Clerk of the Superior Court of Gilmer 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 120, nays 0.

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

HR 184-571. By Messrs. McClelland, Smith and Brooks of Fulton, Mackay, How ard and Rutland of DeKalb:
A Resolution providing for a commission to study and investigate the laws, rules, regulations and procedures of the several courts having territorial jurisdiction of Civil action and Criminal offenses in the City of Atlanta and in Pulton County below the grade of the Superior Court.

The report 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 185-574. By Mr. Bynum of Rabun:
A Resolution designating the Paul A. Green Bridge; 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 Resolution, having received the requisite constitutional majority, was adopted.

FRIDAY, FEBRUARY 24, 1961

861

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

HB 156. By Mr. Ballard of Newton:
A Bill to amend an Act relating to the apportionment of the House of Representatives among the several counties; and for other purposes.

HB 246. By Messrs. Flexer of Glynn, Paris of Barrow and others:
A Bill to amend an Act relating to the penalty for escape from confine ment; and for other purposes.

HB 247. By Messrs. Flexer of Glynn, Paris of Barrow and others:
A Bill to amend an Act relating to escapes, so as to eliminate the provi sion that a person be convicted for the crime for which arrested before being guilty of this Act; and for other purposes.

HB 330. By Messrs. Hodges and Parker of Ware:
A Bill to amend an Act amending the charter of the City of Waycross, and creating a Board of Tax Assessors; and for other purposes.

HB 331. By Mr. Vaughn of Rockdale:
A Bill to increase the compensation of the Commissioners of Roads and Revenues of Rockdale County; and for other purposes.

HB 335. By Mr. Andrews of Stephens:
A Bill to amend an Act to incorporate the City of Toccoa, providing for the hours of voting and the disposition of the ballots after election; and for other purposes.

HB 337. By Mr. Parker of Screven:
A Bill to amend an Act creating the City Court of Sylvania, so as to change the provisions relating to the salaries of the Judge and Solicitor of said Court; and for other purposes.

HB 338. By Mr. Parker of Screven:
A Bill to provide that in all counties having a population of not less than 14,560 nor more than 15,200, the Court of Ordinary shall have authority to issue warrants in misdemeanor traffic violations; and for other pur poses.

HB 342. By Messrs. Morris and Branch of Tift:
A Bill to amend an Act to incorporate the town of Ty Ty; and for other purposes.

862

JOURNAL OP THE HOUSE,

HB 346. By Mr. Parker of Appling:
A Bill to change the compensation of members of the Board of Commis sioners of Roads and Revenues of Appling County; and for other pur poses.
HB 350. By Messrs. Coker of Walker and others:
A Bill to amend an Act to create the office of Commissioner of Roads and Revenues for the County of Walker, providing for a "County Attorney"; and for other purposes.

HB 355. By Messrs. Bolton and Melton of Spalding:
A Bill to amend an Act authorizing the Commissioners of Roads and Revenues of Spalding County designate a banking institution as a deposi tory of county funds, so as to change the maximum amount of annual compensation to be authorized to pay the county depository by agree ment with the depository; and for other purposes.
HB 356. By Mr. Bolton of Spalding:
A Bill to amend an Act establishing the City Court of Griffin; and for other purposes.
HB 357. By Mr. Bolton of Spalding:
A Bill to amend an Act authorizing and fixing the salaries and compen sation of the Commissioners of Roads and Revenues of Spalding County; and for other purposes.
HR 19-39. By Mr. Kirkland of Tattnall:
A Resolution authorizing payment of costs in habeas corpus proceedings to the Clerk of Tattnall Superior Court and Reidsville City Court; and for other purposes.
HR 28-51. By Mr. McCutchen of Gilmer:
A Resolution to designate a bridge across the Coosawattee River in Gil mer County, near the intersection of State Highway Numbers 5 and 282 as the Cobb Bridge; and for other purposes.

HR 38-73. By Mr. Duncan of Fannin:
A Resolution to compensate Jack W. Stewart (DPS) ; and for other pur poses.

HR 41-99. By Mr. Wells of Camden:
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 Camden County; and for other purposes.
HR 43-99. By Messrs. Williams and Andrews of Hall:
A Resolution to compensate Sam R. Dunlap for damages suffered to his station wagon as a result of a collision with a Georgia State Patrol Car; and for other purposes.

FRIDAY, FEBRUARY 24, 1961

863

HR 80-249. By Mr. Young of Turner:
A Resolution proposing an amendment to the Constitution so as to create the Turner County Development Authority; and for other purposes.

HR 82-249. By Messrs. Taylor and Dollar of Decatur:
A Resolution designating the Emmett R. Culbreth and Myrvin H. Culbreth Bridges; and for other purposes.

HR 87-269. By Messrs. Twitty of Mitchell, Underwood of Montgomery and others:
A Resolution relating to the designating of a bridge as the "S. Ernest Vandiver Bridge"; and for other purposes.

The Senate has passed, as amended, by the requisite constitutional majority the following Bills of the House, to wit:

HB 115. By Messrs. Crawford, Dickey and Funk of Chatham:
A Bill to amend an Act establishing a metropolitan planning district for Chatham County, so as to provide that the members of said commission shall not succeed themselves in office; and for other purposes.

HB 267. By Messrs. Kidd and Chandler of Baldwin:
A Bill to amend an Act creating a Board of Commissioners of Roads and Revenues for the County of Baldwin; and for other purposes.

HB 332. By Mr. Vaughn of Rockdale:
A Bill to change the compensation of the Sheriff of Rockdale County from the fee system to the salary system; and for other purposes.

HB 333. By Mr. Vaughn of Rockdale:
A Bill to place the Ordinary of Rockdale County on a salary basis in lieu of fee basis; and for other purposes.

The Senate has passed, by substitute, the following Bill of the House, to wit:

HB 310. By Messrs. Mackay, Rutland and Howard of DeKalb:
A Bill to repeal an Act providing for the approval and recording of plats in certain counties; and for other purposes.

The Senate insists on its position on amendment Number 1 to the following Bill of the House and respectfully ask that a committee of Conference be ap pointed :

HB 67. By Messrs. Scoggin of Floyd, Brooks of Fulton and others:
A Bill known as the "Georgia Drug and Cosmetic Act"; to regulate the sale, manufacture, distribution of cosmetics, drugs and related items; and for other purposes.

864

JOURNAL OF THE HOUSE,

The President has appointed as a Committee on Conference on the part of the Senate Senators Ayers of the 31st, Braly of the 38th, and Conger of the 8th.

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 120. By Senator Raynor of the 4th:
A Bill to amend an Act entitled "An Act to abolish the office of county treasurer for the county of Charlton, State of Georgia; naming the county depository for the funds of said county; to provide for the receiv ing, holding and disbursing of the funds of said county, and for other purposes.", approved August 12, 1920 (Ga. Laws 1920, p. 447) ; and for other purposes.

SB 125. By Senator McWhorter of the 34th:
A Bill to amend an Act of the General Assembly of Georgia approved August 12, 1914 creating a new Charter for the City of Clarkston, Geor gia ; and for other purposes.

SB 126. By Senator White of the 39th:
A Bill to place the Coroner of Douglas County on a monthly salary in lieu of the fee system of compensation; the employment of certain cleri cal help; to repeal conflicting laws; and for other purposes.

SB 127. By Senator White of the 39th:
A Bill to fix the compensation of the chairman and the members of the board of education of all the counties of this State having a population of not less than 16,700 and not more than 16,800 according to the United States census of 1960, or any future United States census; to repeal conflicting laws; and for other purposes.

SB 129. By Senator Brown of the 52nd:
A Bill to amend an Act creating the Board of Commissioners of Roads and Revenues for the County of Fulton, approved Dec. 3, 1880 (Ga. L. 1880-81, p. 508), as amended, so as to provide for the election of the members of the Board of said County Commissioners in the event of a vacancy thereon; to repeal conflicting laws; and for other purposes.

SB 133. By Senator Grayson of the 1st:
A Bill to amend an Act approved Feb. 8, 1937 (Ga. Laws 1937, pp. 2094, 2095), entitled "An Act to authorize the Board of Public Education for the City of Savannah and the County of Chatham, to adopt, establish and administer a system of pensions for old age and disabilities of teach ers and employees"; and for other purposes.

FRIDAY, FEBRUARY 24, 1961

865

SB 136. By Senator Daily of the llth:
A Bill to change the compensation of the Sheriff of Randolph County from the fee system to the salary system; to provide for the disposition of fees and costs; to provide for a mileage expense allowance; to repeal conflicting laws; and for other purposes.
SB 137. By Senator Braly of the 38th:
A Bill to amend an Act creating the office of Assistant Solicitor-General of the Tallapoosa Judicial Circuit, approved March 7, 1955, so as to pro vide for a monthly expense allowance for such Assistant Solicitor-Gen eral ; to repeal conflicting laws; and for other purposes.
SB 138. By Senator Brown of the 52nd:
A Bill to amend an Act establishing a new Charter for the City of Atlanta, approved Feb. 28, 1874, and the several Acts amendatory there of; and for other purposes.
SB 99. By Senator Overby of the 33rd:
A Bill to attract investment capital to promote the growth of industry in Georgia by permitting corporations organized for pecuniary gain to contract freely and without legislative restriction as to interest rate in borrowing sums which exceed $2,500.00 whether originally or by re newal or extension; to provide a separability clause; to repeal conflict ing laws; and for other purposes.
SR 44. By Senator Harrington of the 20th:
A Resolution creating the Senate-House Mental Health Study Commit tee; and for other purposes.
SR 47. By Senator Grayson of the 1st and others:
A Resolution by the Senate and House of Representatives establishing a Committee to be known as the Education Study Commission; and for other purposes.
The Senate agrees to the House amendment to the following Bill of the Senate:
SB 16. By Senator Brown of the 52nd:
A Bill to provide that all Judges Emeritus, who, prior to becoming such, were Judges of the Superior Court of the Atlanta Judicial Circuit, shall be provided offices in the Court House and adequate secretarial assist ance upon request of such Judge Emeritus; to repeal conflicting laws; 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 44. By Senator Harrington of the 20th:
A Resolution creating the Senate-House Mental Health Study Commit tee; and for other purposes. Referred to the Committee on Rules.

866

JOURNAL OF THE HOUSE,

SR 47. By Senator Grayson of the 1st and others:
A Resolution by the Senate and House of Representatives establishing a Committee to be known as the Education Study Commission; and for other purposes.
Referred to the Committee on Rules.

SB 120. By Senator Raynor of the 4th:
A Bill to be entitled an Act to amend an Act entitled "An Act to abolish the office of county treasurer for the County of Charlton, naming the county depository for the funds of said county; to provide for the receiv ing, holding and disbursing of the funds of said county; and for other purposes.
Referred to the Committee on Local Affairs.

SB 125. By Senator McWhorter of the 34th:
A Bill to be entitled an Act to amend an Act of the General Assembly of Georgia approved August 12, 1914 creating a new Charter for the City of Clarkston, Georgia; and for other purposes.
Referred to the Committee on Local Affairs.

SB 126. By Senator White of the 39th:
A Bill to be entitled an Act to place the Coroner of Douglas County on a monthly salary in lieu of the fee system of compensation; the employ ment of certain clerical help; and for other purposes.
Referred to the Committee on Local Affairs.

SB 127. By Senator White of the 39th:
A Bill to be entitled an Act to fix the compensation of the chairman and the members of the board of education of all the counties of this State having a population of not less than 16,700 and not more than 16,800 according to the U.S. census of 1960, or any future census; and for other purposes.
Referred to the Committee on Local Affairs.

SB 129. By Senator Brown of the 52nd:
A Bill to be entitled an Act to amend an Act creating the Board of Com missioners of Roads and Revenues for the County of Fulton, so as to provide for the election of the members of the Board of said County Commissioners in the event of a vacancy thereon; and for other purposes.
Referred to the Committee on Local Affairs.

SB 133. By Senator Grayson of the 1st:
A Bill to be entitled an Act amending an Act approved Feb. 8, 1937 entitled "An Act to authorize the Board of Public Education for the City of Savannah and the County of Chatham, to adopt, establish and admin-

FRIDAY, FEBRUARY 24, 1961

867

ister a system of pensions for old age and disabilities of teachers and employees"; and for other purposes.
Referred to the Committee on Local Affairs.

SB 136. By Senator Dailey of the llth:
A Bill to be entitled an Act to change the compensation of the Sheriff of Randolph County from the fee system to the salary system; to provide for the disposition of fees and costs; to provide for a mileage expense allowance; and for other purposes.
Referred to the Committee on Local Affairs.

SB 137. By Senator Braly of the 38th:
A Bill to be entitled an Act to amend an Act creating the office of Assist ant Solicitor-General of the Tallapoosa Judicial Circuit, so as to provide for a monthly expense allowance for such Assistant Solicitor-General; and for other purposes.
Referred to the Committee on Local Affairs.

SB 138. By Senator Brown of the 52nd:
A Bill to be entitled an Act to amend an Act establishing a new Charter for the City of Atlanta, approved February 28, 1874, and the several Acts amendatory thereof; and for other purposes.
Referred to the Committee on Local Affairs.

SB 99. By Senator Overby of the 33rd:
A Bill to be entitled an Act to attract investment capital to promote growth of industry in Georgia by permitting corporations organized for pecuniary gain to contract freely and without legislative restriction as to interest rate in borrowing sums which exceed $2,500 whether origi nally or by renewal or extension; to provide a separability clause; and for other purposes.
Referred to the Committee on State of Republic.
Under the general 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 395. By Messrs. Parker of Ware and Kimmons of Pierce:
A Bill amending an Act known as the Free Text Book Act; and for other purposes.
The following amendment was read and adopted:
Mr. Bolton of Spalding moves to amend HB 395 as follows:
By amending the caption of HB 395 and adding the words Georgia School for Mental Defectives, and amending Section 1, the last paragraph thereof, by adding the words in the fourth lines, "Georgia School for Mental Defectives."

868

JOURNAL OP THE HOUSE,

The report of the Committee which was favorable to the passage of the Bill, was agreed to, as amended.

On the passage of the Bill, as amended, the ayes were 120, nays 0.

The Bill, having received the requisite constitutional majority, was passed, as amended.

HB 393. By Messrs. Parker of Screven, Johnson of Jenkins and others:
A Bill relating to what a mortgage or bill of sale to secure debt may embrace; and for other purposes.

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

On the passage of the Bill, the ayes were 132, nays 0.

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

HB 323. By Mr. Bolton of Spalding:

A Bill requiring certain persons to take a loyalty oath; and for other -.

purposes.

'

The report 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 317. By Messrs. Jernigan of Clinch and Hall of Floyd: A Bill establishing a retirement system for teachers in the State public schools and other State supported schools; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 116, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 187. By Mr. Boggs of Madison: A Bill creating the office of Solicitor-General emeritus and the SolicitorsGeneral Retirement Fund of Georgia; 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 Solicitor General Emeritus, approved February 17, 1949 (Ga. Laws 1949, p. 780),

FRIDAY, FEBRUARY 24, 1961

869

so as to add further provisions relating to eligibility and qualifications; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. An Act creating the office of Solicitor General Emeritus, approved February 17, 1949 (Ga. Laws 1949, p. 780), is hereby amended by adding a new Section to be known as Section 2A to read as follows:
"Section 2A. Any other provisions of this Act, as amended, to the contrary notwithstanding, any person who is at least sixty-six (66) years of age and who had, prior to the effective date of this Section, accumulated twenty (20) years of service, including at least eight (8) years of service as Solicitor General and at least twelve (12) years of service as Solicitor of a City Court, upon payment of the necessary contributions which such individual would have been required to pay under this Act based on his compensation, shall be entitled to the benefits of this Act, as amended."
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, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Adams Akins Andrews of Stephens Andrews of Hall Ballard Baughman Black Boggs Bowen of Randolph Boyett Bozeman Brackin Brooks of Oglethorpe Brooks of Fulton Brown Busbee Bynum Carswell Chance Chandler Clarke of Monroe Cloer Cocke Coker

Crowe Culpepper Dickey Dunean of Fannin Dunn Fitzgerald Fleming Flexer Floyd Flynt Fordham Fowler of Douglas Funk Greene Hall of Lee Hall of Floyd Harrell Howard Hull Jernigan Joiner Jones of Worth Keadle Keyton Kidd

Killian Knight of Berrien Lane Lewis Mackay McClelland McCutchen McDonald Melton Milhollin Moate Moore Murphy NeSmith Odom Otwell Paris Parker of Appling Payton Pelham Phillips of Columbia Phillips of Walton Phillips of Bibb Poole Potts

870

JOURNAL OF THE HOUSE,

Purcell Raulerson Roberts Ross Rowland Shuman Simmons Simpson Sinclair Smith of Grady Smith of Fulton

Smith of Habersham Smith of Whitf ield Steis Stevens Summers Tamplin Taylor of Dawson Taylor of Bibb Thornton Todd Tucker

Underwood of Taylor Walker of Telfair Ware Watson Wells of Peach Wells of Oconee Williams of Hall Willingham Woodward Young

Those voting in the negative were Messrs.:

Echols Hill Hodges Moorman

Morgan Moss Parker of Ware Pickard

Scarborough Smith of Brantley Story

Those not voting were Messrs.:

Arnsdorff Barber Barnett of Wilkes Barnett of Baker Barrett Birdsong Blalock Bolton Bowen of Toombs Branch Budd Caldwell Clark of Catoosa Collins Conner Cox Crawford Davis Been Dicus Dollar Dorminy Doster Duncan of Carroll Fowler of Treutlen Fuqua Hale Henderson Horton Hurst

Johnson Jones of Liberty Jones of Lumpkin Jones of Sumter Jordan Kelly Killingsworth Kimmons King Kirkland Knight of Laurens Lanier Lee Loggins Lokey Lovett Lowrey Massee Matthews of Clarke Matthews of Colquitt McCracken McGarity Miller Mixon Morris Mullis Newton Pannell Parker of Screven Farmer

Ray Rodgers of Charlton Rogers of Paulding Roper Rutland Sangster Scoggin Sheffield Singer Strickland Stuckey Tabb Taylor of Decatur Teague Twitty Undercofler Underwood of
Montgomery Vaughn
Waldrop Walker of Lowndes Wells of Camden
White Wickham Wilkes Williams of Coffee Wilson Mr. Speaker

On the passage of the Bill, by substitute, the ayes were 107, nays 11.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

FRIDAY, FEBRUARY 24, 1961

871

HB 452. By Mr. Milhollin of Coffee:
A Bill creating the office of Solicitor-General Emeritus and the Solici tors-General Retirement Fund of Georgia; and for other purposes.

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

On the passage of the Bill, the ayes were 104, nays 4.

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

HB 524. By Mr. Willingham of Cobb:
A Bill providing an appropriation of additional funds which are other wise available to the Department of Labor of Georgia out of the funds credited to and held in this State's account in the Unemployment Trust Fund by the Secretary of the Treasury of the United States of America pursuant to Section 903 of the Social Security Act; 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 105, nays 0.

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

HB 326. By Mr. McClelland of Fulton:
A Bill defining eye banks, to make provisions as to who shall establish eye banks and the purposes thereof; and for other purposes.
The following Committee amendment was read and adopted:
Committee moves to amend HB 326 by striking from Section 4 (a) thereof the language "one (1) witness" and inserting in lieu thereof the language "two (2) witnesses."
And, further, by adding to Section 4 (b) of said Act, an additional sentence which shall read as follows:
"It shall be the duty of the parties maintaining said donee eye bank to acknowledge receipt of said revocation instrument from said donor within a period of ten (10) days following the receipt thereof."

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 142, nays 0.

The Bill, having received the requisite constitutional majority, was passed, as amended.

872

JOURNAL OF THE HOUSE,

HB 198. By Messrs. Ployd of Chattooga, Arnsdorff of Effingham, and others:
A Bill providing that it shall be unlawful for persons to negotiate with or communicate with any person injured in an accident relative to a claim such person has or may have until the elapse of a specified period of time; and for other purposes.
The following Committee substitute was read:
A BILL
To be entitled an Act to provide that any release given by or obtained from a person injured in an accident for damages resulting from said accident shall be voidable if taken under certain circumstances and within certain prescribed time; and to provide that any release given by or taken from a person having a claim for the wrongful death of any deceased person shall be voidable if given or taken within a certain period of time from the death on account of which said claim is asserted, to provide that it shall be unlawful for certain persons to engage in certain trade practices; and for other purposes.
BE IT ENACTED by the General Assembly of Georgia and it is hereby enacted by the authority of the same that:
Section 1. In any and all cases in which any person sustains per sonal injuries as a result of a tort alleged to have been committed against such person and where such person is hospitalized as a result thereof, any release of the claim of such injured person for damages resulting from such tort, signed by such injured person within 72 hours of the infliction of said injuries and while such person is still hospitalized, shall be voidable within 60 days of the execution of said release, at the option of such injured party, upon first repaying the consideration of such release.
Section 2. In any and all cases in which a person shall be killed or shall die as the result of a tort alleged to have been committed against such person, any release of a claim for damages for the wrongful death of such deceased person executed within ten (10) days after death of said person, said release at the option of said claimant shall be voidable within sixty days of the date of such release, upon first repaying the consideration of such release.
Section 3. It shall be unlawful for any person who is an agent, official or employee of any insurance company or claim adjusting agen cies, or any other person representing any other person, firm, partner ship, association or corporation, by misrepresentation, coercion or intimi dation, to suggest or recommend to any person who has a claim or a potential claim against any person, firm, partnership, association or corporation for damages arising out of any tort that such persons should not retain or employ an attorney-at-law to represent said person or that to employ an attorney-at-law would tend to hinder, delay or prevent such person from receiving an early, fair or reasonable disposition of the claim of such person or to State that the professional services of an attorney-at-law would not be needed to properly dispose of the claim of such person.
Section 4. Any person violating the provisions of Section 3 of this Act shall be guilty of a misdemeanor and upon conviction thereof, shall be punished as provided by law.

FRIDAY, FEBRUARY 24, 1961

873

Section 5. 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. Barrett of Cherokee moves to amend the Committee substitute to HB 198 as follows:
By adding an additional sentence to Section 3.
"Sections 1 and 2 shall also apply to attorneys at law employed to represent such parties named in said sections."
Mr. Bowen of Randolph moves to amend the Committee substitute to HB 198 as follows:
By inserting immediately after the words "repaying" in Sec tion 1 the words "or tendering repayment of."
By inserting in Section 2 immediately after the word "repaying" the following words, "or tendering repayment of."
By inserting in Section 3 immediately before the word "misrep resentation" the word "willful."
Mr. Echols of Upson moves to amend the Committee substitute to HB 198 as follows:
"30."By changing the figure 60 in line 6 of Section 1 to the figure

The Committee substitute, as amended, was adopted.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, as amended.

On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs:

Abney Akins Andrews of Stephens Andrews of Hall Arnsdorff Ballard Barber Barnett of Wilkes Barnett of Baker Baughman Bolton Bowen of Randolph Brooks of Oglethorpe Brooks of Fulton Brown Carswell

Chance Chandler Coker Crowe Culpepper Davis Deen Dicus Doster Fitzgerald Fleming Flexer Floyd Fordham Fowler of Douglas Greene

Hale Hodges Horton Howard Killian Knight of Laurens Knight of Berrien Lane Lewis Loggins Mackay Massee Matthews of Clarke McClelland McCutchen Melton

JOURNAL OF THE HOUSE,

Miller Mixon Moate Morgan Morris Murphy NeSmith Odom Pannell Parker of Ware Pay ton

Phillips of Columbia Raulerson Roberts Roper Ross Scarborough Shuman Simpson Smith of Brantley Smith of Habersham Smith of Whitfield

Steis Story Tamplin Thornton Todd Underwood of Taylor Waldrop Wells of Peach Wells of Oconee Willingham Wilson

Those voting in the negative were Messrs.:

Birdsong Black Blalock Bowen of Toombs Boyett Brackin Busbee Bynum Clark of Catoosa Cloer Conner Cox Crawford Dickey Dollar Dorminy Dunn Echols Fowler of Treutlen Hall of Floyd Henderson Hull Hurst

Jernigan Joiner Jones of Liberty Jones of Worth Jones of Lumpkin Jordan Keadle Keyton Kidd King Lee Matthews of Colquitt McDonald Milhollin Moore Moorman Moss Otwell Parker of Appling Farmer Phillips of Walton Phillips of Bibb Pickard

Those not voting were Messrs.:

Adams Barfett Boggs Bozeman Branch Budd Caldwell Clarke of Monroe Coeke Collins Duncan of Fannin Duncan of Carroll F-lynt Funk Fuqua Hall of Lee

Harrell Hill Johnson Jones of Sumter Kelly Killingsworth Kimmons Kirkland Lanier Lokey Lovett Lowrey McCracken McGarity Mullis Newton

Poole Purcell Rowland Rutland Sangster Sheffield Simmons Sinclair Smith of Grady Smith of Fulton Stevens Summers Taylor of Dawson Taylor of Decatur Taylor of Bibb Tucker Walker of Telfair Ware Watson Wickham Williams of Coffee Williams of Hall Young
Parker of Screven Pelham Potts Ray Rodgers of Charlton Rogers of Paulding Scoggin Singer Strickland Stuckey Tabb Teague Twitty Undercofler Underwood of
Montgomery

FRIDAY, FEBRUARY 24, 1961

875

Vaughn Walker of Lowndes Wells of Camden

White Wilkes Woodward

Mr. Speaker

On the passage of the Bill, by substitute, as amended, the ayes were 82, nays 69.

The Bill, having failed to receive the requisite constitutional majority, was lost.

Mr. Brooks of Fulton served notice that at the proper time he would ask that the House reconsider its action in failing to give HB 198 the requisite constitu tional majority.

Mr. Wilkes of Cook arose to a point of personal privilege and addressed the House.

HR 167-511. By Messrs. Cox and Matthews of Clarke:
A Resolution authorizing the conveyance of property to Clarke County; and for other purposes.

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

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

The Resolution, having received the requisite constitutional majority, was adopted.
HB 429. By Mr. Twitty of Mitchell: A Bill establishing the State Employees' Retirement System; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 107, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
The following Bills of the House were taken up for the purpose of consider ing the Senate amendments thereto:
HB 332. By Mr. Vaughn of Rockdale: A Bill to change the compensation of the Sheriff of Rockdale County from the fee system to the salary system; and for other purposes.
The following Senate amendment was read: The Senate moves to amend HB 332 as follows: By renumbering Section 7 as Section 8; and

876

JOURNAL OF THE HOUSE,

By inserting following Section 6 a new section to be known as Sec tion 7 and to read as follows:
"Section 7. Provided, however, that, if in the special election provided for in Section 6 of this Act the qualified voters of Rockdale County shall approve this Act, it shall not become effective unless an Act placing the Ordinary of Rockdale County on a salary basis of compensation in lieu of the fee system shall also be ap proved by a majority of the qualified voters of Rockdale County voting in said special election."

Mr. Vaughn of Rockdale moved that the House agree to the Senate amend ment to HB 332.

On the motion to agree, the ayes were 103, nays 0.

The Senate amendment to HB 332 was agreed to.

HB 333. By Mr. Vaughn of Rockdale:
A Bill to place the Ordinary of Rockdale County on a salary basis in lieu of a fee basis; and for other purposes.

The following Senate amendment was read:
The Senate moves to amend HB 333 as follows:
By renumbering Section 5 as Section 6; and
By adding following Section 4 a new section to be known as Sec tion 5 and to read as follows:
"Section 5. Provided, however, that, if in the special election provided for in Section 4 of this Act the qualified voters of Rockdale County shall approved this Act, it shall not become effective unless an Act placing the Sheriff of Rockdale County on a salary basis of compensation in lieu of the fee system shall also be ap proved by a majority of the qualified voters of Rockdale County voting in said special election."; and
By striking from Section 2 the figures "5,000.00" and inserting in lieu thereof the figures "5,500.00."

Mr. Vaughn of Rockdale moved that the House agree to the Senate amend ment to HB 333.

On the motion to agree, the ayes were 103, nays 0.

The Senate amendment to HB 333 was agreed to.

HB 237. By Messrs. Crawford, Funk and Dickey of Chatham:
A Bill to amend an Act creating the Municipal Court of Savannah; and for other purposes.

FRIDAY, FEBRUARY 24, 1961

877

The following Senate amendment was read:
Senator Grayson of the 1st District moves to amend HB 237: By striking the last sentence of Section I which reads as follows:
"Said secretary shall be paid such salary by Chatham County as may be fixed by said Chief Judge with the approval of the County Commissioners of Chatham County."
and by inserting in lieu thereof the following language:
"The salary of said secretary shall be paid out of the Treasury of Chatham County and shall be fixed by the Board of County Com missioners of Chatham County on the recommendation of the Chief Judge of the Municipal Court of Savannah."

The Chatham Delegation moved that the House agree to the Senate amend ment to HB 237.

On the motion to agree, the ayes were 106, nays 0.

The Senate amendment to HB 237 was agreed to.

HB 116. By Messrs. Crawford, Dickey and Funk of Chatham:
A Bill to amend an Act so as to provide that members of the Savannah District Authority shall not succeed themselves in office; and for other purposes.

The following Senate amendment was read:
Senator Grayson of the 1st moves to amend HB 116 by striking from Section 1 of HB 116 the last paragraph, which reads as follows:
"Provided, however, no member of said authority shall be eli gible to succeed himself in office unless such succession follows his filling of a vacancy for an unexpired term."
and by inserting in lieu thereof, the following:
"The terms of office of each present member of said authority are hereby extended for a period of one additional year from the date of appointment of said member. After the expiration of the extended term of office, no member of said authority shall be eli gible for succession or re-appointment. All new appointments shall be for a term of five years only and any appointment to fill a va cancy on said authority shall constitute a new appointment and shall be for a period of five years and any member so appointed shall not be eligible for re-appointment or succession."

The Chatham Delegation moved that the House agree to the Senate amend ment to HB 116.

On the motion to agree, the ayes were 106, nays 0.

The Senate amendment to HB 116 was agreed to.

878

JOURNAL OF THE HOUSE,

By unanimous consent, the following Resolutions of the House were read and referred to the Committee on Rules:

HR 217. By Mr. Johnson of Jenkins:
A RESOLUTION
Creating an interim committee to study matters pertaining to the State hunting and fishing licenses; and for other purposes.
WHEREAS, a complete and exhaustive revision of the laws relating to hunting and fishing licenses of this State was made in 1955 and since that time there has been several amendments thereto; and
WHEREAS, due to the fact that Georgia has assumed a position of recognition as one of the most prominent hunting and fishing states in the Southeast; and
WHEREAS, it is essential that her laws governing these premises remain sound so that they will continue to attract participation in this field of sports; and
WHEREAS, a complete inspection and study of all matters relating to hunting and fishing should be made to determine whether any addi tional or corrective legislation is necessary.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created a committee to be composed of five members of the House to be appointed by the Speaker for the purpose of making a study of the above situation and of the said situation as it exists in other States and as to how the same is being handled therein. The committee shall make a study with a view towards recommending solutions to the problems which have arisen and will con tinue to present themselves each year. The members of the committee shall receive compensation, per diem, expenses and allowances authorized for members of the interim legislative committees. The committee shall receive the above not to exceed twenty days for each member. The com mittee is authorized to employ such professional and clerical help as it deems necessary to perform its duties. The funds necessary to carry out the duties herein shall come from the funds appropriated to or available to the legislative branch of government. The committee shall make a report of its findings and recommendations to the 1962 Session of the General Assembly on or before January 15, 1962, on which date the committee shall stand abolished.

HR 218. By Mr. Clarke of Monroe:
A RESOLUTION
Urging the Federal Government to relinquish tax sources to the States.
WHEREAS, the House of Representatives of the General Assembly of Georgia deeply feels the need for increased expenditures in order to further the proper education of not only the present but also the future generations of Georgians; and
WHEREAS, this House of Representatives is cognizant of the fact that the revenue sources available to the State of Georgia have almost

FRIDAY, FEBRUARY 24, 1961

879

been exhausted in order to furnish the people of Georgia minimal, needed public services; and
WHEREAS, this House of Representatives is keenly aware that in order to insure the proper education of the children of Georgia that it will be increasingly necessary to turn to the Federal Government for funds; and
WHEREAS, it is self evident that funds granted by the Federal Government to the States for use in public services, such as education or welfare, are shackled with onerous conditions that tend to destroy the separate government integrity of the individual States composing this Union; and
WHEREAS, the present administration in Washington professes to be interested solely in furthering the progress of education when Federal Aid to education is discussed and further professes that it is not inter ested in the destruction of State governments as functional entities; and
WHEREAS, the States themselves would welcome the opportunity to perform and provide through their own governments necessary public services, particularly those related to such an important area as educa tion; and
WHEREAS, in order to perform such necessarily State public serv ices, the States must have access to revenue of their own;
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF THE GENERAL ASSEMBLY OF GEOR GIA that the present administration in Washington, and the Represen tatives of the people of this State in Congress, exert their influence in order that appropriate legislation be enacted for the purpose of relin quishing some portion of those tax sources now used by the Federal Gov ernment to the individual States in order to enable them to perform those duties that are inherently State action.
HR 219. By Mr. Barrett of Cherokee:
A RESOLUTION
Creating a sub-committee of the Natural Resources Committee of the House to study matters pertaining to Georgia's natural forests, fisheries and hatcheries; and for other purposes.
WHEREAS, the natural resources of this nation are deplenishing at alarming rates; and
WHEREAS, it is imperative that the forests of this State be main tained and proper conservation thereof remain unobstructed; and
WHEREAS, the fisheries and hatcheries of Georgia should be in spected periodically to see that their operation is fulfilling its purpose; and
WHEREAS, it is the duty of each State of the Union to seek out and develop every conceivable mode of supplementing and replenishing natural resources; and
WHEREAS, Georgia is a coastal State and the possibility of oil being discovered within her bounds and within her off-shore tidelands is being explored and should continue to be so; and

880

JOURNAL OP THE HOUSE,

WHEREAS, there are various other areas in which Georgia could supplement the great loss of resources;
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the Chairman of the Natural Resources Committee of the House is hereby authorized to appoint a committee con sisting of not more than forty members, with fifteen days per member, said member to include a Chairman, Vice-Chairman and Secretary, to study the development of natural resources pertaining to the aforesaid matters. The members of the Committee shall receive compensation of per diem expenses and allowances authorized for members of interim legislative committees. Funds necessary to carry out the purposes herein provided shall come from funds appropriated to and available to the legislative branch of the government. The committee shall make a report and recommendations on their findings on or before January 15, 1962 on which date the committee shall stand abolished.

HR 220. By Mr. McClelland of Fulton:
A RESOLUTION
Commending the "Buckhead Red Devils" football team, Coach Bob Blackwell and staff; and for other purposes.
WHEREAS, it has been brought to our attention that the Red Devils championship football team of Buckhead (Atlanta), ages 11, 12 and 13, defeated the Polk County All Stars in the Santa Claus Bowl at Lakeland, Florida, and again won the annual Trophy; and
WHEREAS, these young Ambassadors of good-will continue to bring fame to our fair State and to acquire fame for their team; and
WHEREAS, there was an exchange of Georgia and Florida State flags during their visit at Lakeland; and
WHEREAS, the Florida State flag will be given to Governor Vandiver and Secretary of State Fortson to be placed with other State flags in the Georgia Hall of Flags; and
WHEREAS, all these boys are prospective players for our favorite teams--Tech and Georgia; and
WHEREAS, the Red Devils team has been, for several years, under the paternal guidance and development of Head Coach Bob Blackwell-- alumnus of the University of Georgia--who has given freely of his time and talents teaching these youthful gridders sportsmanship and fairplay.
NOW, THEREFORE, BE IT RESOLVED that the House of Rep resentatives of the State of Georgia takes cognizance of the accomplish ments and representation of the "Buckhead Red Devils" football team of Atlanta and heartily commends these young Georgians who compose its membership and congratulates their dedicated Head Coach, Bob Blackwell, and staff.
BE IT FUTHER RESOLVED that the Clerk of the House of Rep resentatives is hereby authorized and directed to send a copy of this Resolution to the Honorable Bob Blackwell, Head Coach of the "Buckhead Red Devils" football team.

FRIDAY, FEBRUARY 24, 1961

881

HR 221. By Messrs. McClelland and Brooks of Fulton, Mackay, Howard and Rut land of DeKalb:
A RESOLUTION
Extending congratulations to Honorable Boisfeuillet Jones; and for other purposes.
WHEREAS, Honorable Boisfeuillet Jones, a native of Macon, Geor gia, and Atlanta, Georgia, has been appointed a Special Assistant on health and medical affairs in the Department of Health, Education and Welfare, a Department within the Government of the United States of America; and
WHEREAS, the experience of Mr. Jones in the field of health and medicine and his educational, professional and personal qualifications well qualify him for this important position; and
WHEREAS, Mr. Jones will be closely associated with the health and medical affairs of the Department of Health, Education and Welfare; and
WHEREAS, the citizens and officials of the State of Georgia fully believe and trust that Mr. Jones can and will carry out all of the duties assigned to him; and
WHEREAS, Mr. Jones served on the Advisory Committee on Health Policy of the Democratic National Committee during 1960; and
WHEREAS, Mr. Jones is thoroughly familiar with the health and medical problems of our nation.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the sincerest congratulations of this body be extended to Honorable Boisfeuillet Jones upon his appointment as a Special Assistant on health and medical affairs in the Department of Health, Education and Welfare that this body wish him well in all of his endeavors.
BE IT FURTHER RESOLVED that this body go on record as con curring with the decision of the President of the United States of Amer ica, Honorable John F. Kennedy, in making this appointment.
BE IT FURTHER RESOLVED that the Clerk of the House of Rep resentatives is hereby authorized and directed to forward appropriate copies of this Resolution to the Honorable Boisfeuillet Jones and to the President of the United States of America, Honorable John F. Kennedy.
HR 222. By Messrs. McClelland and Brooks of Fulton:
A RESOLUTION
Urging the Postmaster General of the United States to take action necessary to establish and maintain a branch post office in the Capitol Hill area of Atlanta; to request the members of the Georgia congres sional delegation to take action to assist in effectuating the purposes of this Resolution; and for other purposes.
WHEREAS, departments of the government of the State of Georgia, having principal offices in the State Capitol and in nearby office build ings located on Capitol Hill in Atlanta, are now regularly required to

882

JOURNAL OF THE HOUSE,

deliver large quantities of United States mail a considerable distance to the Atlanta Post Office, at the expense of the State of Georgia; and
WHEREAS, the said Capitol Hill area is also the site of numerous offices and departments of the city and county governments, and a heavy concentration of private industrial establishments; and
WHEREAS, the many employees in the area, who find it extremely difficult to accommodate their personal postal service needs under pres ent circumstances, would extensively utilize the services of a branch post office; and
WHEREAS, the volume of mail dispatched and received by occu pants of the Capitol Hill area would fully justify the establishment of a branch post office.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA that we respectfully request and urge the Postmaster General of the United States to take action necessary to establish and maintain a branch post office in the Capitol Hill area in Atlanta, Georgia.
BE IT FURTHER RESOLVED that we respectfully request the members of the Georgia delegation in the United States Congress to take appropriate action to assist in effectuating the purposes of this Resolu tion.
BE IT FURTHER RESOLVED that the Clerk of the House of Rep resentatives is hereby instructed to transmit a copy of this Resolution to the Postmaster General of the United States, to the Postmaster of Atlanta, Georgia, and to each member of the Georgia delegation in the United States Senate and the United States House of Representatives.

HR 223. By Messrs. Lowrey of Floyd, Parker of Screven, and others:
A RESOLUTION
Authorizing a study of the production of milk and milk products; and for other purposes.
WHEREAS, the production of dairy products in the State of Georgia has now reached the point that those engaged therein are faced with insurmountable problems of financing and operating profitable dairies, and
WHEREAS, the cost of milk production in Georgia is higher than in other areas in that the production per cow is extremely low when compared to the national average due to several factors, some known and some unknown, and
WHEREAS, the laws of this State and the enforcement thereof impose some of the most rigid sanitation requirements, the net result being that the consumer is being furnished a quality product that is second to none in the Nation, and
WHEREAS, the quality of the milk placed on the consuming market is high, and the production, processing and distribution thereof must be safeguarded in order to maintain sanitation standards, and
WHEREAS, it is desirable that firsthand information be had and

FRIDAY, FEBRUARY 24, 1961

883

that studies be made of milk production in the high efficiency dairy production areas,
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF GEORGIA that the Milk and Milk Control Subcommittee of the House Agricultural Committee is hereby author ized to study the production of milk as hereinabove enumerated for a total of not to exceed ten (10) days. The members shall be compensated as provided by law. Such Committee shall make its report to the 1962 Session of the General Assembly.

HR 224. By Messrs. Steis of Harris, Rutland of DeKalb and others:
A RESOLUTION
Creating a committee to study laws relating to abandonment and illegitimacy; and for other purposes.
WHEREAS, the large number of child abandonment cases and the large number of illegitimate children which are born are causing an ever increasing burden on the taxpayers of the various counties and of the State; and
WHEREAS, it is evident that the laws relative thereto should be studied with a view towards possible revision, and a study on the subject should be made so that the members of this Body will have information relative thereto available;
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created a committee to be composed of five members of the House to be appointed by the Speaker for the purpose of studying the laws and the administration thereof of this and other States relative to abandonment and illegitimacy. The committee shall make such study in related fields and consult with per sons who have a knowledge of the laws and enforcement officials. The members of the committee shall receive the compensation, per diem, ex penses and allowances authorized for interim legislative committees. The Office of Legislative Counsel shall assist the committee in the perform ance of its functions hereunder. The funds necessary to carry out the purposes herein 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 1962 session of the General Assembly on or before January 15, 1962, on which date the committee shall stand abolished. The committee shall meet for not to exceed twenty days for each member.

HR 225. By Messrs. Newton of Colquitt, Story of Gwinnett, and others:
A RESOLUTION
Relative to the study of admission requirements and pupil place ment in public schools; and for other purposes.
WHEREAS, the recent decisions of the Federal Judiciary have resulted in the General Assembly of Georgia enacting legislation per taining to education, and
WHEREAS, the recent Federal decisions in Georgia highlight the need for the several Boards of Education to have full and complete

884

JOURNAL OF THE HOUSE,

knowledge as to the permissive area in which enrollment restrictions, qualification, and pupil placement may be exercised, and
WHEREAS, it is desirable that this information be furnished to the several Boards of Education at an early date,
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Attorney General be and he is hereby authorized and directed to make a complete and exhaustive study of pupil placement admission requirements in institutions of public learn ing and to furnish information and recommendations to the several Boards of Education of this State having control and supervision over the public school system. The Attorney General shall make every effort to make such study, recommendations and suggestions at the earliest possible date.

HR 226. By Messrs. Mackay of DeKalb, Brooks of Fulton, and others:
A RESOLUTION
Creating a committee to study ways and means of creating Con gressional Districts which shall be reasonably apportioned on a popula tion basis; and for other purposes.
WHEREAS, the first Article of the Bill of Rights of the Constitu tion of the State of Georgia provides as follows:
"All government, of right, originates with the people, is founded upon their will only, and is instituted solely for the good of the whole." and
WHEREAS, The Constitution of the United States provides that Representatives to the Congress shall be apportioned on the basis of the population of each State; and
WHEREAS, the 1960 census reveals that the Congressional Districts of Georgia are not now fairly apportioned on the basis of population; and
WHEREAS, this undesirable situation has come about as a result of spectacular and continuing population shifts throughout the State, and through the failure of the State to take corrective action since the 1930 census; and
WHEREAS, the 1960 population of Georgia is 3,943,116 and there fore each Congressman should represent approximately 400,000 citizens and the census reveals that population ranges from 272,154 in the small est District in Georgia to 823,680 in the largest District; and
WHEREAS, Georgia now has the responsibility and opportunity to guarantee fair representation in Congress to its citizens and the failure to carry out this responsibility may well result in federal intervention there being Bills now pending in Congress for this purpose; and
WHEREAS, action by this General Assembly will require study of the practical problems involved in working out ten representative dis tricts and such a study can best be carried out by an interim committee of this House, and it is highly desirable that we take this action our selves; and
WHEREAS, the committee should consult with the present members

FRIDAY, FEBRUARY 24, 1961

885

of Congress from Georgia and others well versed in the political prob lems involved.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created a 13 member interim committee consisting of the Speaker of the House and one representative from each congressional district and two members of the House from the State at Large to be appointed by the Speaker to study the problem and recommend legislation which would provide ten congressional districts beginning in 1963, so that every district shall be within ten per cent of the average if exactly apportioned according to population. The members of the committee shall receive the compensation, per diem, expenses and allowances authorized for members of interim legislative committees. The committee shall receive the above for not to exceed 15 days for each member. The Committee shall file a report of its findings and recom mendations to the General Assembly and others on or before November 1, 1961 on which date the committee shall stand abolished. The funds necessary to carry out the provisions herein shall come from the funds appropriated to or available to the legislative branch of the government.
HR 227. By Messrs. Tucker of Burke, Mixon of Irwin, and others:
A RESOLUTION
Creating a Committee to inspect rural roads; and for other purposes.
WHEREAS, rural roads of this State constitute a large portion of the entire public road mileage; and
WHEREAS, an enormous amount of funds have been spent con structing and maintaining rural roads; and
WHEREAS, this body should be informed as to the condition of such roads and receive recommendations relative to matters concerning construction and maintenance thereof.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created a Committee of six to be appointed by the Speaker from the members of the Highway Com mittee for the purpose of inspecting rural roads of this State and study matters relative to construction and methods thereof. The members of the Committee shall receive the compensation, per diem, expenses and allowances authorized for members of interim legislative committees. The Committee shall receive the above for not to exceed fifteen days for each member. The Committee shall make a report of its findings and recommendations to the 1962 General Assembly on or before January 15, 1962, on which date the Committee shall stand abolished. The funds necessary to carry out the purposes herein shall come from the funds appropriated to or made available to the legislative branch of the gov ernment.

The following Resolutions of the House were read:
HR 136. By Messrs. Parker of Screven, Keyton of Thomas and Pannell of Murray: A RESOLUTION WHEREAS, the Educational Study Committees of 1960 accom-

886

JOURNAL OF THE HOUSE,

plished outstanding results in educational field giving to the Legislature much vital and needed information to improve operation of the educa tional system; and
WHEREAS, the state expends over 50% of its tax funds in the field of education; and
WHEREAS, it was apparent to said Committees that a much broader analytical study should be made in order to coordinate proper solutions and to provide needed information to the members of the Legislature about vital problems in education.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the Education Committee of the House be authorized to make such further studies and analyses of educational problems as is deemed necessary. The Chairman of said Committee shall have authority to assign individual members to such sub-committees as he deems necessary. Said Committee is authorized to employ such pro fessional and clerical assistance as it requires and shall set their com pensation and incur necessary expense for supplies etc. Said Committee is hereby authorized to make such trips as it deems necessary for a full and complete investigation and analyses of educational matters. The members of said Committee shall receive per diem and expenses as pro vided by Law for interim committees. The Committee shall have 20 days per member for necessary meetings.
The following amendment was read and adopted:
Mr. Parker of Screven moves to amend HR 136 so as to change the last sentence in the last paragraph to read as follows:
"The Committee shall have ten (10) days per member for nec essary meetings."
The Resolution, as amended, was adopted.

HR 157. By Messrs. Brooks of Oglethorpe, Kelly of Jasper, and others:
A RESOLUTION
WHEREAS, the Educational Study Committee of the 1960 accom plished outstanding results in educational field giving to the Legislature much vital and needed information to improve operation of the educa tional system; and
WHEREAS, the state expends over 50% of its tax funds in the field of education; and
WHEREAS, it was apparent to said Committees that a much broader analytical study should be made in order to coordinate proper solutions and to provide needed information to the members of the Legislature about vital problems in education.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the University System of Georgia Commit tee of the House be authorized to make such further studies and analyses of educational problems as is deemed necessary. The Chairman of said Committee shall have authority to assign individual members to such sub-committees as he deems necessary. Said Committee is authorized to employ such professional and clerical assistance as it requires and shall

FRIDAY, FEBRUARY 24, 1961

887

set their compensation and incur necessary expense for supplies, etc. Said Committee is hereby authorized to make such trips as it deems necessary for a full and complete investigation and analyses of educa tional matters. The members of said Committee shall receive per diem and expenses as provided by Law for interim committees. The Commit tee shall have twenty (20) days per member for necessary meetings.
Mr. Brooks of Oglethorpe moves to amend HR 157 so as to change the last sentence in the last paragraph to read as follows:
"The Committee shall have ten (10) days per member for nec essary meetings."

The Resolution, as amended, was adopted.

The following Resolutions of the House were read and adopted:

HR 228. By Mr. Jernigan of Clinch:
A RESOLUTION
Commending the Honorable Downing Musgrove; and for other pur poses.
WHEREAS, Honorable Downing Musgrove, a distinguished citizen of this State has become renowned as a leader, lawyer, businessman, member of the General Assembly, and holder of high positions within the Executive Department of this State; and
WHEREAS, by virtue of his service as Secretary to the Executive Department in the years 1937 through 1940, his position as Comptroller General in the years 1940 and 1941, his position as Revenue Commis sioner in 1948, and as a member of the General Assembly from his home county of Clinch during the years 1951 through 1960, he has enhanced each position with dignity; and
WHEREAS, it is only proper and befitting that this outstanding statesman be commended and congratulated for his efforts.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that Honorable Downing Musgrove be, and is hereby congratulated and commended for his service and efforts towards the betterment of Government within the State of Georgia;
BE IT FURTHER RESOLVED that an appropriate copy of this Resolution be forwarded to the Honorable Downing Musgrove.

HR 196. By Mr. McClelland of Fulton:
A RESOLUTION
Extending congratulations to Honorable Dean Rusk; and for other purposes.
WHEREAS, Honorable Dean Rusk, a native of Cherokee County, Georgia, has been appointed the Secretary of State by the President of the United States of America, Honorable John F. Kennedy; and
WHEREAS, the previous experience of Mr. Rusk in foreign affairs,

888

JOURNAL OP THE HOUSE,

together with his other educational, professional and personal qualifica tions well qualify him for this important position; and
WHEREAS, the citizens and officials of the State of Georgia fully believe and trust that Mr. Rusk can and will competently endeavor to carry out all of the duties assigned to him; and
WHEREAS, the citizens and officials of the State of Georgia know that Mr. Rusk is a man of great integrity, faith and courage and they further know that he is a man of concern and dedication; and
WHEREAS, it is only fit and proper for the General Assembly of Georgia to wholeheartedly concur in the commendations of esteem which have been bestowed upon Mr. Rusk.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the sincerest congratulations of this body be extended to Honorable Dean Rusk upon his appointment as Secretary of State of the State Department of the United States of America and that this body wish him well in all of his endeavors.
BE IT FURTHER RESOLVED that this body be recorded as con curring with the decision of the President of the United States of America, Honorable John F. Kennedy, in appointing Honorable Dean Rusk as Secretary of State.
BE IT FURTHER RESOLVED that the Clerk of the House of Rep resentatives is hereby authorized and directed to forward appropriate copies of this Resolution to the Honorable Dean Rusk and to the Presi dent of the United States of America, Honorable John F. Kennedy.

HR 102. By Messrs. Matthews of Colquitt, Branch and Morris of Tift, Jones of Worth, Bozeman of Thomas, and others:
A RESOLUTION
Urging the Board of Regents of the University System of Georgia to change the status of the Abraham Baldwin Agricultural College at Tifton, Georgia, from a two-year and to a four-year institution.
WHEREAS, in these trying times of world crisis it is imperative that the future leaders of our country have an opportunity to obtain an adequate education; and
WHEREAS, the student capacity of the four-year institutions com posing the University System of Georgia is presently taxed beyond reason and due to space limitations, inadequate to meet the educational needs of a large portion of the otherwise qualified young people of Georgia; and
WHEREAS, there is only one four-year institution located South of Macon, Georgia, and this institution is likewise over-crowded; and
WHEREAS, this situation tends to deprive a great number of the future leaders of Georgia and the Nation of an opportunity to obtain adequate preparation through a college education which would decidedly better enable them to meet the challenges presented by our evolving, modern American way of life;
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL

FRIDAY, FEBRUARY 24, 1961

889

ASSEMBLY OF GEORGIA that the Board of Regents of the University System of Georgia is most strongly urged to help alleviate these repre hensible conditions by changing the Abraham Baldwin Agricultural Col lege from a two-year institution to a four-year institution so that it may more adequately provide an educational opportunity for the qualified young people of Georgia.

The following Resolution of the Senate was read and adopted:

SR 26. By Senator Hart of the 53rd:
A Resolution urging the Board of Regents of the University System to change the status of the Abraham Baldwin Agricultural College at Tifton, Georgia, from a two-year to a four-year institution; and for other purposes.

The following communication was received and read:
EMORY UNIVERSITY STUDENT SENATE Emory University Atlanta 22, Georgia
Realizing the tremendous pressure that members of the General Assembly have had placed upon them since they have convened, and knowing the terrific problems, social and economic, that they have had to face, the members of the Student Senate of Emory University have watched with much interest the workings of the General Assembly for the past weeks. Therefore, we formulate the following statement:
WHEREAS a major crisis capable of untold destructive results has been averted in behalf of the citizens of the State of Georgia:
Be it, therefore, resolved that the Emory University Student Senate places itself on record as praising with highest commendation the Gov ernor, the Lieutenant Governor, and the members of the General Assem bly of the State of Georgia for their combined efforts in preserving the Public School System of the State and for insuring, to the future genera tions of Georgia citizens, the innumerable benefits of public education.
For the Student Senate of Emory University:
Larry E. Kaminsky, President.
Adopted January 31, 1961.

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

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

890

JOURNAL OP THE HOUSE,

Representative Hall, Atlanta, Georgia Monday, February 27, 1961.

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

Prayer was offered by Reverend H. N. Earnest of the Eastside Baptist Church, Moultrie, Georgia.

By unanimous consent the call of the roll was dispensed with

Mr. Blalock of Webster, Chairman of the Committee on Auditing, Enrolling, Engrossing and Journals reported that the Journal of the previous legislative day 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 uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions.

Mr. Lovett of Laurens arose to a Point of Personal Privilege and addressed the House.

The Speaker presented Miss Beverly Holcombe, Forestry Queen, who ad dressed the House.

Mr. Brooks of Fulton asked unanimous consent that the House reconsider its action in failing to pass the following Bill of the House:

HB 198. By Messrs. Floyd of Chattooga, Johnson of Jenkins, and others:
A Bill to prohibit negotiation by insurace companies of claims arising out of automobile accidents until the elapsing of a specified period of time; and for other purposes.

The consent was granted and the House reconsidered its action in failing to pass HB 198.

The following report of the Committee on Rules was read and adopted:

MONDAY, FEBRUARY 27, 1961

891

Mr. Speaker:

Your Committee on Rules met and fixed the calendar for today's business, Monday, February 27, 1961, and submits the following:

1. HB

80. Court of Appeals, increase members

2. HB

81. Motor Vehicles, annual inspection

3. HB 154. Appeals in Civil Cases

4. HB 166. Impersonate agent, Revenue Department

5. HB 219. Master plumber, examination

6. HB 230. Real Estate Investment Board, amend

7. HR 83-249. Compensate Mrs. G. R. Harrison

8. HB 255. Real Estate Investment Trusts, income tax exempt

9. HR 92-269. Compensate North Georgia Petroleum Co.

10. HB 270. Renewal of real estate, licenses

11. HB 271. Fraudulent scheme, Telephone service

12. HB 282. Auto tags, certain veterans

13. HR 107-283. Convey land, Walker County

14. HB 292. Power of eminent domain, procedure

15. HB 294. Condemnation of private property

16. HB 316. Collection Agencies, licensing

17. HB 322. Pertaining to Architects

18. HB 328. Exemption from taxation, certain property

19. HB 358. Relating to worthless checks

20. HB 360. Post Mortem Examination Act, amend

21. HR 127-383. Relieve Wallace Pryor as surety

22. HR 128-383. Appropriation to Fort McAllister

23. HB 386. Board of Funeral Service, amend

24. HB 401. Municipal limits, maintain certain streets

25. HR 141-408. Compensate Jay Roberts

26. HB 418. Marriage license, how granted

27. HB 432. False wholesale advertising, amend

28. HB 437. Relating to counties condemning property

29. HR 149-447. Compensate S. Curtis Harper

30. HR 166-463. Election Laws Study Committee

31. HB 493. To change name of training school for mental defectives

892

JOURNAL OF THE HOUSE,

32. HB 501. Mail carrier, display lights 33. HR 168-511. Designate "McMullan Boulevard" 34. HR 173-538. Compensate Sherman Burgess 35. HR 177-538. Exchange property, Sumter County 36. HB 560. Teachers' retirement, amend 37. HB 581. Direct verdicts, Jury trials 38. HB 589. Urban Redevelopment Law, amend 39. HB 591. Fishing on Sunday 40. HR 61-151. Moving utility facilities, Seminole County 41. HB 293. Power of eminent domain, special master The Speaker may call any Bill in any order he desires.
Respectfully submitted, Twitty of Mitchell, Vice-Chairman Undercofler of Sumter, Secretary

Mr. Lanier of Candler 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 recommendations:
HB 643. Do Pass.
Respectfully submitted,
Lanier of Candler, Chairman.

Mr. Hall of Floyd County, Chairman of the Committee on Education, sub mitted the following report:
Mr. Speaker:
Your Committee on Education 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 497. Do Pass.
HB 434. Do Pass.
Respectfully submitted,
Hall of Floyd, Chairman.

MONDAY, FEBRUARY 27, 1961

893

Mr. Busbee of Dougherty 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 629. Do Pass.
HB 344. Do Pass by Committee Substitute.
HB 347. Do Not Pass.
Respectfully submitted,
Busbee of Dougherty, Chairman.

Mr. Twitty of Mitchell County, Vice-Chairman of the Committee on Rules, submitted the following report:
Mr. Speaker:
Your Committee on Rules has had under consideration the following Reso lutions of the House and has instructed me as Vice-Chairman, to report the same back to the House with the following recommendations:
HR 194. Do Pass.
HR 198. Do Pass.
HR 200. Do Pass.
Respectfully submitted,
Twitty of Mitchell, Vice-Chairman.

Mr. Bolton of Spalding County, Chairman of the Committee on Special Judiciary, submitted the following report:
Mr. Speaker:
Your Committee on Special Judiciary has had under consideration the fol lowing Bills of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 600. Do Pass.
HB 467. Do Pass.
Respectfully submitted,
Bolton of Spalding, Chairman.

Mr. Duncan of Carroll County, Chairman of the Committee on Welfare, submitted the following report:

894

JOURNAL OF THE HOUSE,

Mr. Speaker:
Your Committee on Welfare has had under consideration the following 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 27. Do Pass.
SR 22. Do Pass.
SB 52. Do Pass.
Respectfully submitted,
Duncan of Carroll, Chairman.

Mr. Cox of Clarke County, Chairman of the Committee on State Institutions and Property, submitted the following report:
Mr. Speaker:
Your Committee on State Institutions and Property has had under considera tion the following Resolution of the Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
SR 12. Do Pass.
Respectfully submitted,
Cox of Clarke, Chairman.

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

HB 22. By Messrs. Cox and Matthews of Clarke:
A Bill to amend an Act establishing a retirement system for teachers in the Public Schools and other State supported Schools, so as to vest retroactively members who withdraw from service prior to retirement age, who completed at least 20 years of creditable service prior to Jan. 1, 1954, and have not withdrawn their contributions; and for other purposes.

HB 178. By Mr. Raulerson of Echols:
A Bill to amend an Act relating to the Game and Fish Commission to game and fish, so as to clarify the definition of big game; and for other purposes.

HB 227. By Messrs. Brown of Hart, Purcell of Franklin and others:
A Bill to provide compensation for the Judge of the Superior Court of Northern Judicial Circuit; and for other purposes.

MONDAY, FEBRUARY 27, 1961

895

HB 284. By Messrs. Kirkland of Tattnall, Strickland of Evans and others:
A Bill to amend an Act placing the Solicitor-General of the Atlantic Judicial Circuit on a salary basis in lieu of a fee basis; and for other purposes.

HR 123-348. By Messrs. Dickey, Funk and Crawford of Chatham:
A Resolution authorizing and directing the State Librarian to furnish certain law books for the Eastern Judicial Circuit; and for other pur poses.

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

SB 73. By Senators Overby of the 33rd and Lambert of the 28th:
A Bill to provide for the removal of disabilities of minority; to provide the procedures connected therewith; and for other purposes.

SB 89. By Senator Knox of the 54th:
A Bill to amend an Act amending and revising the adoption laws now set forth in Chapter 74-4 of the Code of 1933; so as to provide the manner and method of giving notice of final hearings in adoption cases when the address of the party or parties is unknown; to repeal con flicting laws; and for other purposes.

SB 114. By Senator Grayson of the 1st:
A Bill to amend Code Sec. 91-804A pertaining to the sale of county owned property, so as to provide that said code section shall not apply to any option to sell or dispose of any real property belonging to any county of this State that was granted by said county prior to March 17, 1959; to repeal conflicting laws; and for other purposes.

SB 119. By Senator Owens of the 32nd:
A Bill to amend Code Section 65-205, which relates to the membership of non-profit cooperative associations so as to change the eligibility for membership requirements; to repeal conflicting laws; and for other purposes.

SB 124. By Senator Mitchell of the 43rd:
A Bill to amend an Act entitled "An Act to amend Code Chapter 91-8 pertaining to general provisions on inventory and sale of public prop erty . . ." so as to provide for the private sale, transfer, or conveyance of unserviceable county property under certain conditions; and for other purposes.

896

JOURNAL OF THE HOUSE,

SB 132. By Senator Dews of the 9th:
A Bill to amend Code Sec. 26-5104 of the Code of Georgia of 1933, so as to provide that before any sale of a pistol or revolver is consum mated, the vendor thereof shall receive from the purchaser, a "certifi cate of residence" from the ordinary of the county in which the pur chaser resides; and for other purposes.

SB 141. By Senators Knox of the 54th and Hart of the 53rd:
A Bill to provide for compulsory school attendance; to repeal conflict ing laws; and for other purposes.

SB 142. By Senators Knox of the 54th and Hart of the 53rd:
A Bill to repeal an Act providing for compulsory school attendance of all children within the State of Georgia between their seventh and sixteenth birthdays; and for other purposes.

SB 135. By Senator Sanders of the 18th:
A Bill to amend an Act approved February 13, 1952 (Ga. Laws 1952, p. 121), so as to provide that the Attorney-General may designate the solicitor general of any judicial circuit to represent such persons and the interest of the State of Georgia in such matters as referred to in preceding Acts; 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 654. By Messrs. Killian and Flexer of Glynn:
A Bill to be entitled an Act to repeal an Act providing for a county tax for roads in certain counties; and for other purposes.
Referred to the Committee on Local Affairs.

HB 655. By Messrs. Lee and Blalock of Clayton:
A Bill to be entitled an Act to amend an Act to incorporate the Towii of Forest Park; to prescribe its limits; to provide for the annexations to the limits of said City; and for other purposes.
Referred to the Committee on Local Affairs.

HB 656. By Messrs. Scoggin of Floyd and Matthews of Colquitt:
A Bill to be entitled an Act to repeal an Act which gives additional credit points to Veterans taking certain examinations given by any existing examining board or commission; and for other purposes.
Referred to the Committee on State of Republic.

HB 657. By Mr. Doster of Wilcox:
A Bill to be entitled an Act to amend an Act relating to qualifications of applicants for the barbers and hairdressers examination, so as to

MONDAY, FEBRUARY 27, 1961

897

prescribe certain qualifications for schooling or experience before tak ing said examination; and for other purposes.
Referred to the Committee on Hygiene and Sanitation.

HB 658. By Messrs. Adams and Moore of Polk:
A Bill to be entitled an Act to amend an Act incorporating the Town of Rockmart; to confer additional powers upon the corporate authorities thereof; and for other purposes.
Referred to the Committee on Local Affairs.

HB 659. By Messrs. M. 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, so as to provide additional pension benefits; and for other purposes.
Referred to the Committee on Local Affairs.

HB 660. By Messrs. McClelland, Brooks and M. Smith of Fulton:
A Bill to be entitled an Act to amend an Act providing for pensions for members of Police Departments in certain cities, so as to provide additional pension benefits for all members of the police department of such cities who have served in excess of 30 years at the time of retirement; and for other purposes.
Referred to the Committee on Local Affairs.

HB 661. By Mr. Lanier of Candler:
A Bill to be entitled an Act to amend an Act creating a Board of Road and Revenue Commissioners in and for the County of Candler; to provide that said Board shall be required to have an annual inven tory of all county property and equipment and an independent audit of county finances; and for other purposes.
Referred to the Committee on Local Affairs.

HB 662. By Mr. Barber of Jackson:
A Bill to be entitled an Act to amend an Act creating the Charter of the City of Jefferson; to change the time for making returns of property for taxation; and for other purposes.
Referred to the Committee on Local Affairs.

HB 663. By Messrs. Crowe of Bartow and Adams of Polk:
A Bill to be entitled an Act to repeal an Act which prohibits a farmers' mutual fire insurance company from accepting reinsurance of the risk of any other insurer; and for other purposes.
Referred to the Committee on Insurance.

898

JOURNAL OF THE HOUSE,

HB 664. By Messrs. Fleming, Hull and Fuqua of Richmond:
A Bill to be entitled an Act to provide in certain counties for the fixing of the salaries of the Court Reporters and Special Bailiffs and secretaries to the Superior Court Judge or Judges; and for other purposes.
Referred to the Committee on Local Affairs.

HB 665. By Messrs. Dickey, Funk and Crawford of Chatham:
A Bill to be entitled an Act to amend an Act relating to mechanics' lien on personalty, so as to provide that such lien may be foreclosed by surrendering possession of the property and filing said lien within ninety days after the work is done rather than recording said lien as now provided by law; and for other purposes.
Referred to the Committee on Judiciary.

HB 666. By Mr. Strickland of Evans:
A Bill to be entitled an Act to grant a new charter to the City of Claxton in the County of Evans; and for other purposes.
Referred to the Committee on Local Affairs.

HB 667. By Messrs. M. Smith and McClelland 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 certain cities; and for other purposes.
Referred to the Committee on Local Affairs.

HB 668. By Mr. Sheffield of Brooks:
A Bill to be entitled an Act to place the compensation of the Sheriff of Brooks County on a salary basis in lieu of a fee basis; and for other purposes.
Referred to the Committee on Local Affairs.

HR 229-668. By Mr. Underwood of Taylor:
A Resolution to compensate Lester B. Fallin; and for other purposes. (State Highway Dept.)
Referred to the Committee on Appropriations.

HR 230-668. By Messrs. Williams and Andrews of Hall:
A Resolution proposing an amendment to the Constitution creating the Gainesville and Hall County Development Authority; and for other purposes.
Referred to the Committee on Local Affairs.

MONDAY, FEBRUARY 27, 1961

899

HR 231-668. By Mr. Ross of Lincoln:
A Resolution authorizing and directing the State Librarian to furnish certain law books for the Clerk of the Superior Court of Lincoln County; and for other purposes.
Referred to the Committee on Local Affairs.

HR 232-668. By Mr. Smith of Habersham:
A Resolution proposing an amendment to the Constitution so as to provide for the election of the members of the Board of Education of Habersham County by the people; and for other purposes.
Referred to the Committee on Local Affairs.

HR 233-668. By Mr. Ross of Lincoln:
A Resolution designating the A. E. Strother Bridge; and for other purposes.
Referred to the Committee on Highways.

HB Rfi9. By Mr. Raulerson of Echols:
A Bill to be entitled an Act completely and exhaustively revising, superseding and consolidating laws relating to State Game and Fish Commission, so as to prohibit the manufacture or possession of certain traps which do not conform with specifications set forth in the rules and regulations of the State Game and Fish Commission; and for other purposes.
Referred to the Committee on Natural Resources.

HB 670. By Messrs. Parker of Screven and Lanier of Candler:
A Bill to be entitled an Act to regulate the sale, inspection, importa tion and distribution of fluid milk and milk products for human con sumption; to provide procedures therewith; and for other purposes.
Referred to the Committee on Agriculture.

HB 671. By Mr. Smith of Fulton:
A Bill to be entitled an Act to amend an Act providing that certain cities shall furnish pensions to officers and employees of such cities, so as to provide additional pension benefits for all employees who have served in excess of twenty-five years at the time of retirement; and for other purposes.
Referred to the Committee on Local Affairs.

HB 672. By Mr. Joiner of Washington:
A Bill to be entitled an Act to amend an Act relating to the incorpora tion of the City of Sandersville; and for other purposes.
Referred to the Committee on Local Affairs.

900

JOURNAL OF THE HOUSE,

By unanimous consent, the following Bills and Resolutions of the House and Senate were read the sedond time:

HB 620. By Mr. Underwood of Montgomery:
A Bill to be entitled an Act to amend an Act so as to provide a method of identifying motor vehicles by county in which they are registered; and for other purposes.

HB 621. By Mr. Akins of Union:
A Bill to be entitled an Act to amend an Act abolishing the offices of Tax Collector and Tax Receiver in Union County, and creating the office of Tax Commissioner; and for other purposes.

HB 622. By Mr. Moss of Calhoun:
A Bill to be entitled an Act to amend an Act to change the tax millage limitation in Section 4 so as to authorize the Commissioner of Roads and Revenues of Gordon County to levy a tax not to exceed 3 mills; and for other purposes.

HB 623. By Mr. Moss of Calhoun:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Calhoun, so as to extend the corporate limits of the City of Calhoun; and for other purposes.
HB 624. By Mr. Lanier of Candler:
A Bill to be entitled an Act to define the terms "agricultural products", "agricultural commodities", and "farm products"; and for other pur poses.

HB 625. By Messrs. Killian and Flexer of Glynn:
A Bill to be entitled an Act to amend an Act relating to the regulation of the installation of warm air heating equipment, so as to remove cer tain counties from the applicability of said Act; and for other purposes.

HB 626. By Mr. Parker of Ware:
A Bill to be entitled an Act to fix the salary of the county commis sioners in certain counties; and for other purposes.

HB 627. By Mr. Black of Webster:
A Bill to be entitled an Act to amend an Act creating the office of Commissioner of Roads and Revenue for the County of Webster; and for other purposes.

HB 628. By Mr. Lewis of Burke:
A Bill to be entitled an Act to provide that all persons, firms, or cor porations, engaged in the business of motor vehicle storage or towing, shall, for the agreed price or the reasonable value of their services,

MONDAY, FEBRUARY 27, 1961

901

have a lien against the motor vehicle which has been towed or stored; and for other purposes.

HB 629. By Messrs. Bolton and Melton of Spalding:
A Bill to be entitled an Act to amend an Act relating to the relief of disabilities, so as to provide that the notice of application to remove disabilities shall be published once a week for four weeks within a sixty day period preceding the term of court at which the marital disabilities are removed; and for other purposes.

HB 630. By Messrs. Bolton and Melton of Spalding:
A Bill to be entitled an Act to provide that it shall be unlawful for any person to sell any motor vehicle to any other person in the State of Georgia unless the purchaser shall be the holder of a valid Georgia operator's or chauffeur's license; and for other purposes.

HB 631. By Messrs. Willingham, league and Wilson of Cobb:
A Bill to be entitled an Act to incorporate a community in Cobb County to be known as "Chattahoochee Plantation"; to define the name, style and corporate limits of said city; and for other purposes.

HB 632. By Messrs. Teague, Willingham and Wilson of Cobb:
A Bill to be entitled an Act to amend an Act incorporating the City of Marietta so as to allow the expenditure of monies derived from a street improvement bond issue for certain purposes; and for other purposes.

HB 633. By Messrs. Willingham, Wilson and Teague of Cobb:
A Bill to be entitled an Act to amend an Act incorporating the Town of Austell and reincorporating said town as the City of Austell, so as to change the corporate limits of the City of Austell; and for other purposes.

HB 634. By Messrs. Teague, Willingham and Wilson of Cobb:
A Bill to be entitled an Act to amend an Act abolishing the office of the Tax Collector and Tax Receiver of Cobb County and consolidating said offices into the Office of Tax Commissioner of Cobb County; and for other purposes.
HB 635. By Messrs. Teague, Willingham and Wilson 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, Deputy Sheriff and Clerk of the Superior Court; and for other purposes.
HB 636. By Messrs. Willingham, Wilson and Teague of Cobb:
A Bill to be entitled an Act to amend an Act providing for the estab lishment of Fire Prevention Districts in Cobb County; and for other purposes.

902

JOURNAL OF THE HOUSE,

HB 637. By Mr. Purcell of Franklin:
A Bill to be entitled an Act to repeal an Act relating to the amount of the bond of the Sheriff of Franklin County; and for other purposes.

HB 638. By Messrs. Wilson, Teague and Willingham of Cobb:
A Bill to be entitled an Act to amend an Act creating the Cobb Judicial Circuit; and for other purposes.

HB 639. By Messrs. Barrett of Cherokee, Barber of Jackson, Kelly of Jasper, Horton of Putnam, Bynuni of Rabun, Smith of Brantley and others:
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 authorize the pur chase of certain vehicles; and for other purposes.

HB 640. By Messrs. Fleming, Hull and Fuqua of Richmond:
A Bill to be entitled an Act to authorize certain counties to establish and maintain a law library for the use of Judges, solicitors and officers of the courts of said counties; and for other purposes.

HB 641. By Messrs. Rogers of Paulding, Coker of Walker and Knight of Berrien:
A Bill to be entitled an Act to provide for the creation of the State Board of Examiners of Professional Escort Services; and for other purposes.

HB 642. By Messrs. Smith of Whitfield and Boyett 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 provide for the closing of Whitfield Street; the conveyance of said street to abutting property owners; and for other purposes.

HR 211-642. By Mr. Walker of Lowndes:
A Resolution creating a committee to study finances; and for other purposes.

HR 212-642. By Mr. Smith of Grady:
A Resolution to compensate Hall & Sons Milling Company, Inc.; and for other purposes.

HR 213-642. By Mr. Andrews of Stephens:
A Resolution to confirm and validate the emergency expenditure of funds by the Governor and the State Library to furnish certain law books to the Office of Judge of the Mountain Judicial Circuit; and for other purposes.

HR 214-642. By Mr. Sheffield of Brooks: A Resolution to establish the Georgia Commission on State Sovereignty

MONDAY, FEBRUARY 27, 1961

903

and Independence; to provide for the taking of evidence on hearings by the Commission and that the Superior Court shall deal with dis obedience of its orders and authority; and for other purposes.

HR 215-642. By Messrs. Fleming, Hull and Fuqua of Richmond, Funk, Dickey and Crawford of Chatham, McCracken of Jefferson, Lokey of McDuffie and many others:
A Resolution to provide for funds for the restoration of The White House of Augusta; and for other purposes.

HR 216-642. By Messrs. Smith of Brantley, Barrett of Cherokee, Horton of Putnam, Conner of Jeff Davis, Davis of Wayne, Massee of Pulaski and others:
A Resolution creating a committee relative to the establishment of a Georgia Police Academy; and for other purposes.

HB 643. By Messrs. Parker of Screven, Johnson of Jenkins, Arnsdorff of Effingham and Tamplin of Morgan:
A Bill to be entitled an Act to amend an Act creating the Georgia Milk Commission; to empower the Commission to prescribe how pro ducers shall be paid for milk sold by them to distributors and producerdistributors; and for other purposes.

HB 644. By Messrs. Mackay, Howard and Rutland of DeKalb:
A Bill to be entitled an Act to amend an Act providing for fees of clerks in certain counties so as to provide for the collection of costs for the performance of the official duties of the Superior Court Clerks in counties having a population of 250,000 and not more than 500,000; and for other purposes.

HB 645. By Messrs. McClelland and Brooks of Fulton:
A Bill to be entitled an Act to make the execution of tax returns by the taxpayers optional with the Tax Commissioner or Tax Receiver in certain cities and counties having a Joint City-County Board of Tax Assessors; and for other purposes.

HB 646. By Messrs. McClelland and Brooks of Fulton:
A Bill to be entitled an Act to provide in certain counties, the govern ing authorities of such counties shall be authorized to contract for addi tional group Life Insurance sufficient to provide a maximum of $10,000 on the life of each officer and employee; and for other purposes.

HB 647. By Messrs. McClelland and Brooks of Fulton:
A Bill to be entitled an Act to provide in certain counties that the sale of fi. fas. by the Tax Commissioner or Tax Collector shall be optional; and for other purposes.

904

JOURNAL OF THE HOUSE,

HB 648. By Messrs. McClelland and Brooks of Fulton:
A Bill to be entitled an Act to make, it a penal offense in Georgia to drive any vehicle over a fire hose when in use; and for other purposes.

HB 649. By Messrs. McClelland and Brooks of Fulton:
A Bill to be entitled an Act to provide in certain counties that the Tax Collector or Tax Commissioner, shall retain the physical custody and control of all tax deeds as agent for the grantee and shall have authority to cancel said deeds upon the lawful payment of the redemp tion price when tendered by the taxpayer entitled to make such redemp tion; and for other purposes.
HB 650. By Mr. McClelland of Fulton:
A Bill to be entitled an Act to amend an Act authorizing the Board of Commissioners of Roads and Revenues of Fulton County to establish rules and regulations governing the payment of pensions to county employees, so as to provide that membership to and benefits from said pension fund shall be limited to those officers and employees who were members of said pension fund at the time of the approval of this Act; and for other purposes.

HB 651. By Mr. Brooks of Fulton:
A Bill to be entitled an Act to amend an Act to provide in Fulton County a system for pension and retirement pay for teachers and employees of the Board of Education, so as to provide that membership to and benefits from said pension fund shall be limited to those teachers and employees of the Board of Education who were members of said pension fund at the time of the approval of this Act; and for other purposes.

HB 652. By Messrs. Brooks and McClelland of Fulton:
A Bill to be entitled an Act to provide that in Fulton County the Ordinary, Sheriff, Clerk of Superior Court, may appoint a Chief Deputy, so as to provide that the Chief Deputy Clerk of the Superior Court may serve as administrative officer of the Superior Court or another deputy may be appointed to render said service; and for other purposes.

HB 653. By Messrs. Brooks and McClelland of Fulton:
A Bill to be entitled an Act to amend an Act to establish a method for providing Park and Recreational Systems in the unincorporated por tions of Fulton County, by providing that Community Centers may be operated by Fulton County under the direction of the County Agricul tural agent or county agricultural agent emeritus; and for other purposes.

SR 44. By Senator Harrington of the 20th:
A Resolution creating the Senate-House Mental Healthy Study Com mittee; and for other purposes.

MONDAY, FEBRUARY 27, 1961

905

SR 47. By Senator Grayson of the 1st and others:
A Resolution by the Senate and House of Representatives establishing a Committee to be known as the Education Study Commission; and for other purposes.

SB 120. By Senator Raynor of the 4th:
A Bill to be entitled an Act to amend an Act entitled "An Act to abolish the office of county treasurer for the County of Charlton, naming the county depository for the funds of said county; to provide for the re ceiving, holding and disbursing of the funds of said county; and for other purposes.

SB 125. By Senator McWhorter of the 34th:
A Bill to be entitled an Act to amend an Act of the General Assembly of Georgia approved August 12, 1914 creating a new Charter for the City of Clarkston, Georgia; and for other purposes.

SB 126. By Senator White of the 39th:
A Bill to be entitled an Act to place the Coroner of Douglas County on a monthly salary in lieu of the fee system of compensation; the em ployment of certain clerical help; and for other purposes.

SB 127. By Senator White of the 39th:
A Bill to be entitled an Act to fix the compensation of the chairman and the members of the board of education of all the counties of this State having a population of not less than 16,700 and not more than 16,800 according to the U.S. census of 1960, or any future census; and for other purposes.

SB 129. By Senator Brown of the 52nd:
A Bill to be entitled an Act to amend an Act creating the Board of Commissioners of Roads and Revenues for the County of Fulton, so as to provide for the election of the members of the Board of said County Commissioners in the event of a vacancy thereon; and for other pur poses.

SB 133. By Senator Grayson of the 1st:
A Bill to be entitled an Act amending an Act approved Feb. 8, 1937 entitled "An Act to authorize the Board of Public Education for the City of Savannah and the County of Chatham, to adopt, establish and administer a system of pensions for old age and disabilities of teachers and employees"; and for other purposes.

SB 136. By Senator Dailey of the llth:
A Bill to be entitled an Act to change the compensation of the Sheriff of Randolph County from the fee system to the salary system; to pro vide for the disposition of fees and costs; to provide for a mileage expense allowance; and for other purposes.

906

JOURNAL OF THE HOUSE,

SB 137. By Senator Braly of the 38th:
A Bill to be entitled an Act to amend an Act creating the office of Assistant Solicitor-General of the Tallapoosa Judicial Circuit, so as to provide for a monthly expense allowance for such Assistant SolicitorGeneral; and for other purposes.

SB 138. By Senator Brown of the 52nd:
A Bill to be entitled an Act to amend an Act establishing a new Charter for the City of Atlanta, approved February 28, 1874, and the several Acts amendatory thereof; and for other purposes.

SB 99. By Senator Overby of the 33rd:
A Bill to be entitled an Act to attract investment capital to promote growth of industry in Georgia by permitting corporations organized for pecuniary gain to contract freely and without legislative restriction as to interest rate in borrowing sums which exceed $2,500 whether originally or by renewal or extension; to provide a separability clauses; and for other purposes.

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

SB 73. By Senators Overby of the 33rd and Lambert of the 28th:
A Bill to be entitled an Act to provide for the removal of disabilities of minority; to provide the procedures connected therewith; and for other purposes.
Referred to the Committee on Judiciary.

SB 89. By Senator Knox of the 54th:
A Bill to be entitled an Act to amend an Act amending and revising the adoption laws now set forth in Chapter 74-4 of the Code of 1933, so as to provide the manner and method of giving notice of final hearings in adoption cases when the address of the party or parties is unknown; and for other purposes.
Referred to the Committee on Special Judiciary.

SB 114. By Senator Grayson of the 1st:
A Bill to be entitled an Act to amend Code Section 91-804A pertaining to the sale of county-owned property, so as to provide that said code section shall not apply to any option to sell or dispose of any real property belonging to any county of this State that was granted by said county prior to March 17, 1959; and for other purposes.
Referred to the Committee on State of Republic.

SB 119. By Senator Owens of the 32nd: A Bill to be entitled an Act to amend Code Section 65-205, which relates

MONDAY, FEBRUARY 27, 1961

907

to the membership of non-profit cooperative associations so as to change the eligibility for membership requirements; and for other purposes.
Referred to the Committee on Industry.

SB 124. By Senator Mitchell of the 43rd:
A Bill to be entitled an Act to amend an Act entitled "An Act to amend Code Chapter 91-8 pertaining to general provisions on inventory and sale of public property . . ." so as to provide for the private sale, transfer, or conveyance of unserviceable county property under certain conditions; and for other purposes.
Referred to the Committee on State of Republic.

SB 132. By Senator Dews of the 9th:
A Bill to be entitled an Act to amend Code Section 26-5104 of the Code of Georgia of 1933, so as to provide that before any sale of a pistol or revolver is consummated, the vendor thereof shall receive from the pur chaser, a "certificate of residence" from the ordinary of the county in which the purchaser resides; and for other purposes.
Referred to the Committee on Hygiene and Sanitation.

SB 135. By Senator Sanders of the 18th:
A Bill to be entitled an Act to amend an Act approved February 13, 1952, so as to provide that the Attorney-General may designate the solicitor general of any judicial circuit to represent such persons and the interest of the State of Georgia in such matters as referred to in preceding Acts; and for other purposes.
Referred to the Committee on Judiciary.

SB 141. By Senators Knox of the 54th and Hart of the 53rd:
A Bill to be entitled an Act to provide for compulsory school attendance; and for other purposes.
Referred to the Committee on Education.

SB 142. By Senators Knox of the 54th and Hart of the 53rd:
A Bill to be entitled an Act to repeal an Act providing for 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.

Under the general 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:

908

JOURNAL OF THE HOUSE,

HB 292. By Messrs. Twitty of Mitchell, Underwood of Montgomery and Ballard of Newton:
A Bill prescribing the procedure for exercising eminent domain, and for other purposes.

Mr. Caldwell of Upson moved that HB 292 be recommitted to the Committee on Judiciary.

The motion prevailed and HB 392 was recommitted to the Committee on Judiciary.

By unanimous consent, the following Bills of the House were recommitted to the Committee on Judiciary:

HB 293. By Messrs. Twitty of Mitchell, Underwood of Montgomery and Ballard of Newton:
A Bill providing for service, notice and process with reference to pro ceedings in condemnation cases; and for other purposes.

HB 294. By Messrs. Twitty of Mitchell, Underwood of Montgomery and Ballard of Newton:
A Bill to repeal the Code with reference to condemnation proceedings and providing a new method for condemning property; and for other purposes.

The following bills of the House were taken up for the purpose of consider ing the Senate amendments thereto:

HB 253. By Mr. Miller of Elbert:
A Bill changing the compensation of the Sheriff of Elbert County from the fee system to the salary system; and for other purposes.

The following Senate amendment was read:
Senator Seagraves of the 30th moves to amend HB 253 as follows:
By striking the figures "$6,500.00" wherever they appear in Section 1 of said bill and substituting in lieu thereof the figures "$8,500.00".

Mr. Miller of Elbert 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 253 was agreed to.

HB 115. By Messrs. Crawford, Dickey and Funk of Chatham.
A Bill to provide that the members of the Metropolitan Planning Dis trict for Chatham County shall not be eligible to succeed themselves in office; and for other purposes.

MONDAY, FEBRUARY 27, 1961

909

The following Senate amendment was read:
Senator Grayson of the 1st District moves to amend HB 115 by striking the last sentence of Section I which reads as follows:
"Provided, however, that none of the above members shall suc ceed themselves in office" and by inserting in lieu thereof the fol lowing language:
"No member shall serve more than two (2) terms of three (3) years each and in no event shall any member serve more than a total of six (6) years."
And amends Section 2 of the said Bill by striking the last sentence in section II thereof which reads as follows:
"Provided, however, that none of the above members shall suc ceed themselves in office" and inserting in lieu thereof the following language:
"No member shall serve more than two (2) terms of three (3) years each and in no event shall any member serve more than a total of six (6) years."

Mr. Crawford of Chatham 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 115 was agreed to.

HB 267. By Messrs. Kidd and Chandler of Baldwin:
A Bill to provide that elections for the Board of Commissioners of Roads and Revenues for Baldwin County shall be conducted by the Ordinary of Baldwin County, and for other purposes.

The following Senate amendment was read:
Senator Harrington of the 20th moves to amend HB 267 as follows:
By striking from the title the words "to provide a qualification fee for persons seeking election to said board".
By striking from Section 1, as they appear in two places in said Section, the words "Every person offering as a candidate for member ship to said board shall deposit with the County Treasury a qualification fee in the amount of one hundred fifty ($150) dollars."

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 267 was agreed to.

Under the general order of business established by the Committee on Rules,

910

JOURNAL OF THE HOUSE,

the following Bills and Resolutions of the House were taken up for consideration and read the third time:

HR 107-283. By Messrs. Abney of Walker, Coker of Walker, and Knight of Berrien:
A Resolution authorizing the conveyance of certain real property lying and being in the 8th district and 4th section of Walker; and for other purposes.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 124, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
HR 177-538. By Messrs. Jones and Undercofler of Sumter: A Resolution providing for the exchange of certain State Highway Department right-of-way property for access and other rights of Mr. Charles H. Wheatley in Sumter County; and for other purposes.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 107, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
The Speaker announced the House recessed until 1:30 o'clock this afternoon.

AFTERNOON SESSION

The Speaker called the House to order.

Under the general 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 501. By Mr. Conner of Jeff Davis:
A Bill providing that an automobile operated by a rural mail carrier for the purposes of delivering mail along the roads and highways of Georgia shall be authorized to display an amber colored lights; and for other purposes.

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

MONDAY, FEBRUARY 27, 1961

911

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

Those voting in the affirmative were Messrs.:

Abney Adams Akins Andrews of Stephens Arnsdorff Ballard Barber Barnett of Wilkes Barnett of Baker Barrett Baughman Black Blalock
Boggs Boyett Bozeman Brackin Branch Brown Busbee Carswell Chance Clarke of Monroe Coker Collins Conner Crowe Culpepper Davis Dollar Duncan of Fannin Duncan of Carroll Dunn Echols Fitzgerald Flexer Floyd Flynt Fordham Fowler of Douglas Fowler of Treutlen

Funk Greene Henderson Hodges Horton Howard Johnson Joiner Jones of Liberty Jones of Worth Jones of Sumter Jordan Keadle Kelly Keyton Killian Kimmons King Knight of Berrien Lane Lanier Lee Lewis Loggins Lokey Lovett Mackay McCutchen McDonald Melton Milhollin Moate Moore Moorman Morgan Morris Mullis Odom Otwell Pannell Paris

Parker of Screven Parker of Ware Farmer Phillips of Walton Poole Potts Purcell Rodgers of Charlton Rogers of Paulding Roper Shuman Simmons Simpson Singer Smith of Brantley Smith of Habersham Smith of Whitfield Steis Story Strickland Summers Tabb Tamplin Taylor of Dawson Taylor of Decatur Todd Undercofler Underwood of Taylor Waldrop Walker of Lowndes Walker of Telfair Wells of Peach Wells of Oconee Wells of Camden White Wickham Wilkes Williams of Coffee Woodward Young

Voting in the negative was Mr. Jones of Lumpkin.

Those not voting were Messrs.:

Andrews of Hall Birdsong Bolton Bowen of Randolph Bowen of Toombs Brooks of Oglethorpe Brooks of Fulton

Budd Bynum Caldwell Chandler Clark of Catoosa Cloer Cocke

Cox Crawford Deen Dickey Dicus Dorminy Doster

912

JOURNAL OF THE HOUSE,

Fleming Fuqua Hale Hall of Lee Hall of Floyd Harrell
Hill Hull Hurst Jernigan Kidd Killingsworth Kirkland Knight of Laurens Lowrey Massee Matthews of Clarke Matthews of Colquitt McClelland McCracken McGarity

Miller Mixon Moss Murphy NeSmith Newton
Parker of Appling Payton Pelham Phillips of Columbia Phillips of Bibb Pickard Raulerson Ray Roberts Ross Rowland Rutland Sangster Scarborough Scoggin

Sheffield Sinclair Simth of Grady Smith of Fulton Stevens Stuckey
Taylor of Bibb Teague Thornton Tucker Twitty Underwood of
Montgomery Vaughn Ware Watson Williams of Hall Willingham Wilson Mr. Speaker

On the passage of the Bill, the ayes were 122, nays 1.

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

HB 418. By Mr. Busbee of Dougherty:
A Bill relating to marriage licenses, how granted, returned and re corded, and providing a penalty and removal from office of a person issuing a marriage license in violation of this Act; and for other purposes.

Mr. Baughman of Early moved that further consideration of HB 418 be postponed indefinitely and the motion was lost.

Mr. Busbee of Dougherty moved that further consideration of HB 418 be postponed until February 28, 1961.

The motion prevailed and further consideration of HB 418 was postponed until February 28, 1961.

HB 322. By Messrs. Seoggin of Floyd and Brooks of Fulton:
A Bill to amend the Code so as to provide for qualifications for exami nation of applicants to become architects; and for other purposes.

By unanimous consent, further consideration of HB 322 was postponed until February 28, 1961.

HB 493. By Messrs. Echols of Upson, Hodges of Ware, and others: A Bill to change the name of the Georgia Training School for Mental

MONDAY, FEBRUARY 27, 1961

913

Defectives at Gracewood to the Gracewood State School and Hospital; and for other purposes.

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

On the passage of the Bill, the ayes were 108, nays 0.

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

HR 61-151. By Mr. Brackin of Seminole:
A Resolution to authorize and direct the State Highway Department of Georgia to pay the cost of removing and readjusting certain utility facilities of the City of Donalsonville; and for other purposes.

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

On the adoption of the Resolution, the ayes were 103, nays 0.

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

HB 282. By Messrs. Steis of Harris, Floyd of Chattooga and Summers of Crisp:
A Bill amending an Act providing for the issuance of automobile license tags to disabled veterans; and for other purposes.

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

On the passage of the Bill, the ayes were 113, nays 0.

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

HB 271. By Mr. Fuqua of Richmond:
A Bill prohibiting any person from obtaining or attempting to obtain, by the use of any fraudulent scheme, etc., telephone or telegraph service with intent to avoid payment of the lawful price; 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 111, nays 0.

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

914

JOURNAL OF THE HOUSE,

HB 270. By Mr. Fuqua of Richmond:
A Bill amending Code Section 84-1411, relating to the renewal of real estate licenses; and for other purposes.

The report of the committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 109, nays 0.

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

HE 168-511. By Mr. Brown of Hart:
A Resolution designating a portion of U. S. Highway 29 as "McMullan Boulevard"; and for other purposes.

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

On the adoption of the Resolution, the ayes were 108, nays 0.

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

HB 591. By Mr. Kimmons of Pierce:
A Bill amending Code Section 26-6908, relating to fishing on the Sab bath; and for other purposes.

The report of the committee, which was favorable to the passage of the Bill, was agreed to.

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

Those voting in the affirmative were Messrs.:

Abney Adams Akins Andrews of Stephens Andrews of Hall Ballard Barber Barnett of Wilkes Barnett of Baker Barrett Baughman Bowen of Randolph Boyett Brackin Brooks of Fulton Brown

Budd Busbee Bynum Carswell Chandler Clark of Catoosa Clarke of Monroe Coker Cox Crawford Crowe Culpepper Davis Dickey Dicus Dorminy

Doster Duncan of Fannin Dunn Fleming Flexer Flynt Funk Fuqua Greene Hodges Hull Joiner Jones of Liberty Jones of Lumpkin Keadle Killian

MONDAY, FEBRUARY 27, 1961

915

Killingsworth Kimmons
King Knight of Laurens Lane Lewis Logging Lovett Lowrey Matthews of Clarke McClelland McCracken McCutchen McDonald McGarity Milhollin Moore Mullis Murphy Odom

Pannell Paris Parker of Ware Parker of Appling
Payton Phillips of Walton Phillips of Bibb Poole Potts Rogers of Paulding Ross Sangster Scarborough Sheffield Shuman Smith of Brantley Smith of Fulton Smith of Whitfield
Steis Story

Stuckey Summers Tamplin Taylor of Dawson Taylor of Bibb Teague Thornton Tucker Underwood of
Montgomery Underwood of Taylor
Waldrop Walker of Lowndes Walker of Telfair Ware Wells of Oconee Wells of Camden White Wickham Wilson

Those voting in the negative were Messrs.:

Arnsdorff Collins Deen Dollar Duncan of Carroll Fordham Fowler of Douglas Harrell Henderson Horton Jernigan

Jones of Worth Jordan Kelly Matthews of Colquitt Mixon Moorman Moss Otwell Purcell Raulerson Rodgers of Charlton

Simmons Simpson Smith of Grady Smith of Habersham Strickland Taylor of Decatur
Todd Wells of Peach Williams of Coffee
Young

Those not voting were Messrs.:

Birdsong Black Blalock Boggs Bolton Bowen of Toombs Bozeman Branch Brooks of Oglethorpe Caldwell Chance Cloer Cocke Conner Echols Fitzgerald Floyd Fowler of Treutlen Hale

Hall of Lee Hall of Floyd Hill Howard Hurst Johnson Jones of Sumter Keyton Kidd Kirkland Knight of Berrien Lanier Lee Lokey Mackay Massee Melton Miller Moate

Morgan Morris NeSmith Newton Parker of Screven Farmer Pelham Phillips of Columbia Pickard Ray Roberts Roper Rowland Rutland Scoggin Sinclair Singer Stevens Tabb

916

JOURNAL OP THE HOUSE,

Twitty Undercofler Vaughn

Watson Wilkes Williams of Hall

Willingham Woodward Mr. Speaker

On the passage of the Bill, the ayes were 107, nays 32.

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

HB 328. By Messrs. McClelland, Brooks and Smith of Pulton:
A Bill amending an Act in reference to the exemption from taxation of certain property therein described, including non-profit professional societies; and for other purposes.

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 Akins Andrews of Stephens Arnsdorff Barber Barnett of Wilkes Barnett of Baker Barrett Baughman Blalock Brooks of Fulton Budd Busbee Carswell Chance Chandler Clark of Catoosa Clarke of Monroe Cocke Collins Conner Crawford Crowe Culpepper Da vis Been Dickey Dollar Dorminy Doster Duncan of Fannin Dunn

Fitzgerald Fleming Floyd Flynt Fowler of Treutlen Funk Fuqua Hale Hall of Lee Hall of Floyd Harrell Henderson Hodges Horton Hull Jernigan Johnson Joiner Jones of Worth Kelly Kidd Killian Killingsworth Lanier Lee Lewis Lokey Lowrey Mackay Matthews of Clarke Matthews of Colquitt McClelland

McCutchen McDonald McGarity Milhollin Miller Mixon Moorman Morgan Moss Mullis Murphy NeSmith Odom Otwell Paris Parker of Screven Parker of Ware Phillips of Bibb Poole Purcell Raulerson Roberts Rodgers of Charlton Rogers of Paulding
Ross Rowland Scarborough Sheffield Shuman Simmons Sinclair Smith of Grady

MONDAY, FEBRUARY 27, 1961

917

Smith of Brantley Smith of Fulton Steis Story Stuckey Summers Tabb

Taylor of Dawson Taylor of Bibb Todd Tucker Walker of Lowndes Walker of Telfair Wells of Peach

Wells of Oconee Wells of Camden White Wickham Williams of Coffee Williams of Hall Young

Those voting in the negative were Messrs.:

Bynum

Smith of Habersham

Those not voting were Messrs.:

Abney Andrews of Hall Ballard Birdsong Black Boggs Bolton Bowen of Randolph Bowen of Toombs Boyett Bozeman Brackin Branch Brooks of Oglethorpe Brown Caldwell Cloer Coker Cox Dicus Duncan of Carroll Echols Flexler Fordham Fowler of Douglas Greene Hill Howard Hurst

Jones of Liberty Jones of Lumpkin Jones of Sumter Jordan Keadle Keyton Kimmons King Kirkland Knight of Laurens Knight of Berrien Lane Loggins Lovett Massee McCracken Melton Moate Moore Morris Newton Pannell Parker of Appling Farmer Payton Pelham Phillips of Columbia Phillips of Walton Pickard

Potts Ray Roper Rutland Sangster Scoggin Simpson Singer Smith of Whitfield Stevens Strickland Tamplin Taylor of Decatur Teague Thorn ton Twitty Undercofler Underwood of
Montgomery Underwood of Taylor
Vaughn Waldrop Ware Watson Wilkes Willingham Wilson Woodward Mr. Speaker

On the passage of the Bill, the ayes were 117, nays 2.

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

HB 219. By Messrs. Dicus of Muscogee, Phillips of Walton and Matthews of Clarke:
A Bill providing for the examination of master and journeyman plumbers and steamfitters; and for other purposes.

918

JOURNAL OP THE HOUSE,

The following Committee Substitute was read:
A BILL
To be entitled an Act to provide for the examination of master and journeyman plumbers and steamfitters; to provide a method whereby counties may come under the provisions of this Act; to create a Board of Examiners in the counties which come under the Act; to provide for examinations; to provide for issuance and renewal of cer tificates; to provide for fees; to provide for definitions; to provide for penalties; to provide for disposition of funds, to repeal an Act pro viding for examination of master and journeyman plumbers and steamfitters in certain counties, approved March 30, 1937 (Ga. Laws 1937, p. 748), as amended; to provide the procedures connected with the fore going; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1
In each county of this State coming under the provisions of this Act in the manner hereinafter provided, there is hereby created a Board of Examiners to provide examination for the certification of master and journeyman plumbers and master and journeyman steamfitters.
SECTION 2
Master and journeyman plumbers and master and journeyman steamf itters as referred to in this Act are hereby defined as follows:
(a) A master plumber is defined as a person who has received a certificate of proficiency as a master plumber from the Board of Examiners, as provided for in this Act.
(b) A journeyman plumber is defined as a person who has re ceived a certificate of proficiency as a journeyman plumber from the Board of Examiners, as provided for in this Act.
(c) A master steamfitter is defined as a person who has received a certificate of proficiency as a master steamfitter from the Board of Examiners, as provided for in this Act.
(d) A journeyman steamfitter is defined as a person who has re ceived a certificate of proficiency as a journeyman steamfitter from the Board of Examiners, as provided for in this Act.
SECTION 3
All persons desiring to qualify as a master plumber, journeyman plumber, master steamfitter or journeyman steamfitter shall be required to make application for, and to pass, on examination administered by the Board of Examiners, hereinbefore created, and receive from said Board a certificate of proficiency to the effect that he has duly quali fied as a master plumber, or as a journeyman plumber, or as a master steamfitter, or as a journeyman steamfitter.
SECTION 4
The Board of Examiners shall consist of the county health officer,

MONDAY, FEBRUARY 27, 1961

919

the county plumbing or building inspector, if there be one. If there be none, then the chief plumbing inspector of the most populous munici pality within the county, or lying partially within the county, and also one master plumber, one master steamfitter, one journeyman plumber, and one journeyman steamfitter, the latter four to be appointed by the governing authorities of said counties, each of said appointees to serve as a member of said Board of Examiners for a term of not less than one year nor more than four years. The governing authority of each county coming under the provisions of this Act shall determine the length of term of office of the members of the Board.
SECTION 5
Each of the members of said Board shall take an oath before a judge of the Superior Court of said counties, that he will faithfully perform the duties of his office. Said Board shall have the right to elect a chairman and secretary thereof and shall designate the time and place for holding examinations of applicants desiring to obtain a certificate as a master of journeyman plumber or master or journey man steamfitter.
SECTION 6
Any applicant failing to pass his first examination for a certificate for any of the above certifications, shall be entitled to take any exami nation held within six months from the date of his failure without the payment of any additional fee.
SECTION 7
For the purpose of defraying the expenses in carrying out the pro visions of this Act, the Board of Examiners herein provided for may fix fees to be paid by applicants for certificates, but in no event shall the charges fixed by said Board exceed the following:
Master plumbers and master steamfitters, twenty-five ($25.00) dollars.
Journeyman plumbers and journeyman steamfitters, five ($5.00) dollars.
All of the fees fixed by the Board of Examiners must accompany the applications for examinations and no part of said fees shall be refunded. Said fees shall be received and held solely for the purpose of paying the expenses of carrying out the provisions of this Act.
SECTION 8
Each of the members of the Board of Examiners shall receive the sum of fifteen ($15.00) dollars per day for each day actually engaged in the performance of the duties imposed by this Act, said sums to be paid only out of the fees received for examinations and renewal certifi cates, and no member shall receive compensation for a total of more than 60 days per calendar year.
SECTION 9
Examinations shall be made up by said Board in such manner as to test the knowledge and skill of the applicants as to the particular certification sought. Examinations shall be held at such time and place as may be fixed by the Board of Examiners at least quarterly. Written

920

JOURNAL OF THE HOUSE,

notice of the time and place of examinations shall be mailed to all persons who have filed applications for the examinations with the Secre tary of the Board of Examiners, to the address given on his application.
SECTION 10
The examinations for the different classes of certifications, that is master plumbers or journeyman plumbers, and master steamfitters or journeyman steamfitters, shall be of such a character as to test and determine the fitness and qualification of the applicants for the class of certification applied for and their ability to properly carry on the work authorized under the certification applied for in such a manner as to safeguard and preserve the public health, safety and general wel fare. Such examinations with respect to the different classes of certifi cation shall embrace the following:
(a) Examinations for the certification of master plumbers shall test the knowledge and skill of the applicant as to his theoretical or practical knowledge of plumbing and drain laying, and his ability to read and interpret plans and specifications for the installation, con struction, alteration or repair of plumbing and house drains.
(b) Examinations for the certification of journeyman plumbers shall test the knowledge and skill of the applicant as to his ability to perform the work of installing plumbing under the direction of a master plumber, and as to his knowledge of plumbing and drainage sufficient to properly and skillfully install plumbing and house drainage facilities.
(c) Examinations for the certification of master steamfitters shall test the knowledge and skill of the applicant as to his theoretical or practical knowledge of steamfitting, and his ability to read and interpret plans and specifications for the installation, construction, alteration or repair of steam boilers, steam mains and radiation for heating buildings.
(d) Examinations for the certification of journeyman steamfitters shall test the knowledge and skill of the applicant as to his ability to perform the work of steamfitting under the direction of a master steamfitter, and as to his knowledge of steamfitting sufficient to properly and skillfully install steam boilers, steam mains, and radiation for heat ing buildings and for power purposes.
SECTION 11
Within six months after the passage of this Act, any person who shall apply to said Board of Examiners for a certificate as a master plumber or master steamfitter, or journeyman plumber or journeyman steamfitter, who furnishes satisfactory evidence to said Board that he has skillfully engaged in said business a period of at least five consecu tive years prior to the time of application, shall be issued a certificate authorizing him to engage in said business without the examination provided for in this Act, provided, all such applicants shall pay to said Board a fee prescribed for applicants for examinations for the classes designated.
SECTION 12
All certificates provided for herein shall be renewed annually, not later than 90 days after the first day of January of each year, and all holders of certificates shall be entitled to renewal thereof upon payment of a renewal fee of ten ($10.00) dollars per annum for master plumber

MONDAY, FEBRUARY 27, 1961

921

and master steamfitter, and three ($3.00) dollars per annum for jour neyman plumbers and journeyman steamfitters, and upon proof to the Board of Examiners that their skill, ability and character are sufficient for them to satisfactorily perform the services of the particular cer tification for which renewal certificate is sought.
SECTION 13
No individual as a sole proprietorship, and no partnership or cor poration shall have the right to engage in the business of plumbing or steam installations or repairing for the public for profit in counties coming within the provisions of this Act, unless there is connected with such individual, partnership or corporation a master plumber and jour neyman plumber or master steamfitter and journeyman steamfitter who hold certificates issued to them as provided for in this Act. Only the master plumber and journeyman plumber or master steamfitter and journeyman steamfitter, so connected, shall engage in the actual plumb ing or steamfitting work and such master plumber or master steamfitter shall be available with full authority to personally and immedi ately supervise any and all of the actual plumbing or steamfitting work of the individual, partnership or corporation. The business of plumbing or steam installations or repairing shall not include the installation of domestic water heaters.
SECTION 14
It shall be the duty of all individuals operating as a sole proprietor ship, partnerships and corporations engaged in the business of plumb ing or steam installation, or repairing, to immediately notify the Secre tary of the Board of Examiners of the severance connections of any master or journeyman plumber or master or journeyman steamfitter with such individual, partnership or corporation.
SECTION 15
Any person, firm or corporation violating any provisions of this Act shall be deemed guilty of misdemeanor and upon conviction thereof shall be fined not less than twenty-five ($25.00) dollars nor more than one hundred ($100.00) dollars or imprisonment in the county jail for a period of not more than 90 days, or both.

SECTION 16
Any county in this State shall come under the provisions of this Act if the governing authority of the county shall pass a resolution stating that the county shall come under the provisions of this Act. In any such county, the governing authority within thirty (30) days after the date of the aforesaid resolution, shall appoint the members of the Board of Examiners.
SECTION 17
The provisions of this Act shall not apply within the limits of any municipality in this State having a population of 70,000 or more by the U. S. Census of 1960 or any future census, even if the county or counties in which such municipalities are located are under the pro visions of this Act.

922

JOURNAL OF THE HOUSE,

SECTION 18
An Act providing for examination of master and journeyman plumbers and steamfitters, approved March 30, 1937 (Ga. Laws 1937, p. 748), as amended by an Act approved March 30, 1939 (Ga. Laws 1939, p. 355), an Act approved February 12, 1952 (Ga. Laws 1952, p. 2383), and an Act approved March 17, 1959 (Ga. Laws 1959, p. 3090), is here by repealed in its entirety and said amendatory Acts are repealed in their entirety. In the event any county which was under the provisions of the aforesaid Acts as amended had a Board of Examiners as provided in said Act, and such county conies under the provisions of this Act, the Board created under this Act shall succeed to any funds, materials, supplies, equipment, books and records of which the other Board was possessed.
SECTION 19
If any clause, sentence or paragraph, or part of this Act, shall for any reason be held by any court of competent jurisdiction to be invalid, said judgment shall not affect, impair or invalidate the remainder of this Act, but shall be confined in its operation to the clause, paragraph or part directly involved in controversy in which said judgment was rendered.
SECTION 20
Any law or parts of laws in conflict with this Act are hereby repealed.

The following- amendments to the Committee substitutes were read and adopted:
Mr. Pickard of Muscogee moves to amend the Committee substitute to HB 219 as follows:
By adding at the end of Section 4 the words "and shall have the right to terminate the said board at the end 1 of any calendar year."
Mr. Loggins of Chattooga moves to amend the Committee substitute to HB 219 as follows:
By striking the first sentence of Section 16, and substituting in lieu thereof the following: "The provisions of this Act shall not become effective in any county in this State until first the grand jury shall so recommend, and second, the governing authority of the county shall pass a resolution stating that the county shall come under the provisions of this Act."
Mr. Payton of Coweta moves to amend the Committee substitute to HB 219 as follows:
By adding after the figure of 68,000 the following: "Or any county with less than 50,000 population."
Mr. Summers of Crisp moves to amend the Committee substitute to HB 219 as follows:
By changing the period at the end of Section 17 to a comma, and adding the following words: "and that the provisions of this

MONDAY, FEBRUARY 27, 1961

923

act shall not apply to any city who presently has a Board of Examiners for plumbers."
Mr. Thornton of Bibb moves to amend the Committee substitute to HB 219 as follows:
By striking from Section 17 the figures 70,000 and inserting in lieu thereof the figures 68,000.

The Committee Substitute, as amended, was adopted.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, as amended.

On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Adams Akins Arnsdorff Ballard Barber Baughman Bowen of Randolph Bozeman Brackin Brooks of Fulton Brown Budd Caldwell Chance Coker Collins Conner Cox Crowe Culpepper Davis Deen Dickey Dicus Doster Duncan of Fannin Dunn

Echols Fleming Flexer Floyd Flynt Fowler of Douglas Harrell Henderson Johnson Joiner Jones of Lumpkin Kelly Keyton Kidd Killian Killingsworth King Lewis Loggins Lowrey Mackay Massee Matthews of Clarke McClelland McCracken McCutchen Moorman Morgan

Mullis Otwell Paris Parker of Screven Parker of Ware Parker of Appling Payton Phillips of Walton Phillips of Bibb Rodgers of Charlton Rogers of Paulding Sinclair Singer Smith of Brantley Smith of Fulton Steis Story Taylor of Dawson Teague Thornton Tucker Underwood of Taylor Wells of Camden Willingham Wilson Young

Those voting in the negative were Messrs.:

Andrews of Hall Barnett of Wilkes Barnett of Baker Barrett Boyett

Branch Busbee Bynum Chandler Clark of Catoosa

Clarke of Monroe Cocke Crawford Dollar Dorminy

924

JOURNAL OF THE HOUSE,

Fordham Fowler of Treutlen Hill Hodges Horton Howard Jernigan Jones of Liberty Jones of Worth Jones of Sumter Jordan Kimmons Knight of Laurens Lane Lovett Matthews of Colquitt

McDonald Milhollin Miller Mixon Morris Moss NeSmith Newton Odom Farmer Poole Potts Purcell Roberts Ross Sheffield

Shuman Simmons Simpson Smith of Grady Smith of Habersham Smith of Whitfield Stevens Stuckey Summers Tabb Undercofler Waldrop Walker of Lowndes Wickham Williams of Coffee Williams of Hall

Those not voting were Messrs.:

Andrews of Stephens Birdsong Black ' Blalock Boggs Bolton Bowen of Toombs Brooks of Oglethorpe Carswell Cloer Duncan of Carroll Fitzgerald Funk Fuqua Greene Hale Hall of Lee Hall of Floyd Hull Hurst Keadle

Kirkland Knight of Berrien Lanier Lee Lokey McGarity Melton Moate Moore Murphy Pannell Pelham Phillips of Columbia Pickard Raulerson Ray Roper Rowland Rutland Sangster Scarborough

Scoggin Strickland Tamplin Taylor of Decatur Taylor of Bibb Todd Twitty Underwood of
Montgomery Vaughn Walker of Telfair Ware Watson Wells of Peach Wells of Oconee White Wilkes Woodward Mr. Speaker

On the passage of the Bill, by substitute, as amended, the ayes were 82, nays 63.

The Bill, having failed to receive the requisite constitutional majority, was lost.

HR 166-463. By Mr. Willingham of Cobb:
A Resolution creating the Election Laws Study Committee; and for other purposes.
The following Committee amendment was read and adopted:
The Committee moves to amend HR 166-463 by adding the follow ing paragraph, to-wit:

MONDAY, FEBRUARY 27, 1961

925

"Provided, however, that said Committee shall be limited to a total time of twenty (20) days for the purposes herein set forth."

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 112, nays 3.

The Resolution, having received the requisite constitutional majority, was adopted, as amended.

HR 128-383. By Mr. Shuman of Bryan:
A Resolution authorizing an appropriation to the Georgia Historical Commission for the purpose of restoring Fort McAllister in Bryan County; and for other purposes.

The following Committee amendment was read and adopted:
The Appropriations Committee of the House of Representatives moves to amend HR 128, as follows:
So as to strike from the last paragraph of said Resolution the following language:
"that the Budget Bureau is hereby authorized and directed to make available to the Georgia Historical Commission the sum of $75,000.00 to be used in completing the restoration of this famous fort."
and inserting in lieu thereof the following language:
"that the Budget Bureau is hereby authorized and requested to make available to the Georgia Historical Commission the sum of $75,000.00, if and when available, to be used in completing the restoration of this famous fort."

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 Akins Andrews of Hall Arnsdorff Ballard Barber Barnett of Wilkes Barnett of Baker Barrett Blalock Bowen of Randolph

Boyett Brown Busbee Bynum Carswell Chance Clarke of Monroe Coker Collins Conner Crowe

Culpepper Been Dickey Dorminy Doster Duncan of Fannin Duncan of Carroll Fleming Flexer Floyd Fowler of Douglas

926

JOURNAL OF THE HOUSE,

Funk Fuqua Hall of Floyd Harrell Hodges Horton Howard Hull Jernigan Johnson Jones of Worth Jones of Lumpkin Jordan Keadle Kelly Killian Kirkland Knight of Berrien Lane Lee Lewis Lowrey Mackay Massee Matthews of Clarke McCutchen

McDonald McGarity Milhollin Mixon Moate Moore Moorman Morris Murphy Otwell Paris Parker of Screven Parker of Ware Parker of Appling Payton Phillips of Walton Poole Purcell Roberts Rodgers of Charlton Rogers of Paulding Ross Sangster Shuman Simmons Simpson

Smith of Brantley Smith of Fulton Smith of Habersham Smith of Whitfield Stuckey Summers
Tabb Tamplin Taylor of Dawson Taylor of Bibb Teague Thornton
Todd Underwood of
Montgomery Underwood of Taylor Vaughn Waldrop Walker of Telfair Wells of Oconee Wells of Camden William of Coffee Williams of Hall Willingham Wilson Young

Those voting in the negative were Messrs.:

Baughman Birdsong Brackin Budd Clark of Catoosa Cocke Dicus Dollar Echols Fowler of Treutlen Hale

Hall of Lee Henderson Joiner Kimmons Logging Lovett Matthews of Colquitt Moss Mullis Newton Odom

Those not voting were Messrs.:

Abney Andrews of Stephens Black Boggs Bolton Bowen of Toombs Bozeman Branch Brooks of Oglethorpe Brooks of Fulton Caldwell Chandler Cloer

Cox Crawford Davis Dunn Fitzgerald Flynt Fordham Greene Hill Hurst Jones of Liberty Jones of Sumter Keyton

Pickard Potts Raulerson Sinclair Smith of Grady Story Tucker Ware Wickham
Kidd Killingsworth King Knight of Laurens Lanier Lokey McClelland McCracken Melton Miller Morgan NeSmith Pannell

MONDAY, FEBRUARY 27, 1961

927

Farmer Pelham Phillips of Columbia Phillips of Bibb
Ray Roper Rowland Rutland Scarborough

Scoggin Sheffield Singer Steis
Stevens Strickland Taylor of Decatur Twitty Undercofler

Walker of Lowndes Watson Wells of Peach White
Wilkes Woodward Mr. Speaker

On the adoption of the Resolution, as amended, the ayes were 110, nays 31.

The Resolution, having received the requisite constitutional majority, was adopted, as amended.

HB 560. By Messrs. Barber of Jackson, Jernigan of Clinch and others:
A Bill amending an Act establishing a retirement system for teachers in the State public schools and other State supported schools; and for other purposes.
The following Committee amendment was read:
The Committee on Education moves to amend HB 560 as follows:
By striking from Section 5 of said Bill and within the quoted matter thereof, the figure "8" wherever it appears and substituting in lieu thereof the figures "4.89" and by striking the figure "4" wherever it appears and inserting in lieu thereof the figures "3.40".
By renumbering Section 9 of said Bill as Section 10 and by adding a new Section 9 which shall read as follows:
"Also, the Board of Trustees may after an actuarial investi gation into the benefit structure of the system, study the benefits being paid to the retired members prior to the effective date of this bill with authority to increase their retirement allowances in keeping with actuarial soundness of the system.

The following amendment to the Committee amendment was read and adopted:
Mr. Barber of Jackson moves to amend HB 560 as follows:
By striking from Section 9 the word "may" in line one and inserting in lieu thereof the word "shall".

The Committee amendment, as amended, was adopted.

The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to, as amended.

On the passage of the Bill, as amended, the ayes were 136, nays 0.

928

JOURNAL OF THE HOUSE,

The Bill, having received the requisite constitutional majority, was passed, as amended.

Mr. Arnsdorff of Effingham moved that the House adjourn until tomorrow morning at 10:30 o'clock and the motion prevailed.

The Speaker announced the House adjourned until tomorrow morning at 10:30 o'clock.

TUESDAY, FEBRUARY 28, 1961

929

Representative Hall, Atlanta, Georgia Tuesday, February 28, 1961.

The House met pursuant to adjournment at 10:30 o'clock, A.M., this day and was called to order by the Speaker.

Prayer was offered by the Chaplain.

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

Mr. Black of Webster, Chairman of the Committee on Auditing, Enrolling, Engrossing and Journals reported that the Journal of the previous legislative day 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 uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions.

The following report of the Committee on Rules was read and adopted:

Mr. Speaker:

Your Committee on Rules met and fixed the calendar for today's business, Tuesday, February 28, 1961, and submits the following:

1. HB

25. School district, financial assistance

2. HR 56-142. Compensate Noah A. Powers

3. HB

80. Court of Appeals, increase members

4. HB

81. Motor vehicles, annual inspection

5. HB 166. Impersonate agent, Revenue Department

6. HB 230. Real Estate Investment Board, amend

7. HR 83-249. Compensate Mrs. G. R. Harrison

8. HB 255. Real Estate Investment Trusts, income tax exempt

9. HR 92-269. Compensate North Georgia Petroleum Co.

10. HB 316. Collection Agencies, licensing

930

JOURNAL OF THE HOUSE,

11. HB 322. Pertaining to Architects

12. HB 358. Relating to worthless checks

13. HB 360. Post Mortem Examination Act, amend

14. HR 127-383. Relieve Wallace Pryor as surety

15. HB 386. Board of Funeral Service, amend

16. HB 401. Municipal limits, maintain certain streets

17. HR 141-408. Compensate Jay Roberts

18. HR 144-415. Motorboat Numbering Act, confirm

19. HB 418. Marriage license, how granted

20. HB 432. False wholesale advertising, amend

21. HB 437. Relating to counties condemning property

22. HR 149-447. Compensate S. Curtis Harper

23. HB 494. Members of Military, absentee voting

24. HB J497. Transported pupils for State aid

25. HB 537. State Board of Education, lease property

26. HR 173-538. Compensate Sherman Burgess

27. HB 542. Admissions to common schools

28. HB 581. Direct verdicts, jury trials

29. HB 600. Adopt building code, various counties

30. SB

23. Admission of students to University

31. SB

35. Augusta Judicial Circuit, additional Judge

'

32. HB 643. Georgia Milk Commission, amend Act

The Speaker shall have the right to call the above Bills and Resolutions in any order which he may desire.
Respectfully submitted,
Twitty of Mitchell, Vice-Chairman Undercofler of Sumter, Secretary

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

HB 673. By Mr. Barber of Jackson:
A Bill to be entitled an Act to amend an Act incorporating the City of Hoschton, so as to decrease the corporate limits of said city; and for other purposes.
Referred to the Committee on Local Affairs.

TUESDAY, FEBRUARY 28, 1961

931

HB 674. By Mr. Barber of Jackson:
A Bill to be entitled an Act to provide that the governing authority of Jackson County shall furnish certain necessary expenses for operat ing the Sheriff's Office; and for other purposes.
Referred to the Committee on Local Affairs.
HB 675. By Mr. Barber of Jackson:
A Bill to be entitled an Act to amend an Act incorporating the Town of Braselton, so as to decrease the corporate limits of said town; and for other purposes.
Referred to the Committee on Local Affairs.
HB 676. By Messrs. Scoggin, Lowrey and Hall of Floyd:
A Bill to be entitled an Act to provide in certain counties for the trial of all violations of traffic laws of the State of Georgia in the City Court in the same manner as now provided for the trial of such cases in the Court of Ordinary in certain counties; and for other purposes.
Referred to the Committee on Local Affairs.

HB 677. By Messrs. Birdsong and Ware of Troup:
A Bill to be entitled an Act to amend an Act incorporating the City of LaGrange, so as to provide for the power of eminent domain and condemnation; and for other purposes.
Referred to the Committee on Local Affairs.
HB 678. By Messrs. Phillips, Thornton and Taylor of Bibb:
A Bill to be entitled an Act to amend an Act establishing a retirement system for the State of Georgia, so as to authorize all judges of any civil or municipal court in any county of this State established in lieu of justice of the peace courts, to become members of and participate in the Employees Retirement System of Georgia; and for other pur poses.
Referred to the Committee on Judiciary.
HB 679. By Messrs. McClelland, Brooks and Smith of Fulton:
A Bill to be entitled an Act to amend an Act which relates to grants of State and local funds for school children and to other matters in certain counties; and for other purposes.
Referred to the Committee on Education.

HB 680. By Mr. McClelland of Fulton:
A Bill to be entitled an Act to amend an Act providing for retirement of the Judges and Solicitor-General of the criminal court of Fulton County, the Civil Court of Fulton County and the Juvenile Court of Fulton County, so as to limit eligibility for benefits thereunder; and for other purposes.
* Referred to the Committee on Local Affairs.

932

JOURNAL OF THE HOUSE,

HB 681. By Messrs. Smith and McClelland 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 certain cities, and for other purposes.
Referred to the Committee on Local Affairs.

HB 682. By Mr. M. Smith of Fulton:
A Bill to be entitled an Act to amend an Act providing in Fulton County a system of pensions and retirement pay to Teachers and Employees of the Board of Education of Fulton County, so as to in crease pension benefits provided under said Act; and for other purposes.
Referred to the Committee on Local Affairs.
HB 683. By Mr. Smith of Fulton:
A Bill to be entitled an Act to amend an Act providing that cities with a certain population shall furnish pensions to officers and em ployees of such cities, so as to provide additional pension benefits for all employees who have served in excess of 25 years at the time of retirement; and for other purposes.
Referred to the Committee on Local Affairs.

HB 684. By Mr. Dicus of Muscogee:
A Bill to be entitled an Act to amend an Act known as the Georgia Retailers' and Consumers' Sales and Use Tax Act, section 3 (c) 1 (c) of said Act defining as taxable charges made for the operation of coin-operated music and amusement devices; and for other purposes.
Referred to the Committee on Ways and Means.
HB 685. By Messrs. Rutland, Howard and Mackay of DeKalb:
A Bill to be entitled an Act to repeal an Act establishing Juvenile Courts in certain counties, and for other purposes.
Referred to the Committee on Local Affairs.
HB 686. By Messrs. Poole of Pickens and Barrett of Cherokee:
A Bill to be entitled an Act to amend an Act incorporating the City of Nelson, so as to change the rate of tax levy for certain purposes; and for other purposes.
Referred to the Committee on Local Affairs.

HB 687. By Mr. Barrett of Cherokee:

A Bill to be entitled an Act to amend an Act changing the Sheriff, Clerk of Superior Court, the Tax Commissioner and the Ordinary of Cherokee Gouty from a fee basis to a salary system; and for other purposes.

Referred to the Committee on Local Affairs.

'

TUESDAY, FEBRUARY 28, 1961

933

HB 688. By Mr. Barrett of Cherokee:
A Bill to be entitled an Act to amend an Act creating a charter for the City of Holly Springs, so as to change the corporate limits of said city; and for other purposes.
Referred to the Committee on Local Affairs.

HB 689. 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 690. By Mr. Barrett of Cherokee: A Bill to be entitled an Act to amend an Act reincorporating the City of Woodstock; and for other purposes.
Referred to the Committee on Local Affairs.

HB 691. By Messrs. Brooks, McClelland and Smith of Fulton:
A Bill to be entitled an Act to amend an Act creating the office of Judge of the Superior Courts Emeritus, so as to modify the service qualifications for appointment to the office of Judge of the Superior Courts Emeritus; and for other purposes.
Referred to the Committee on Judiciary.
HB 692. By Messrs. McClelland, Brooks and Smith of Fulton:
A Bill to be entitled an Act to provide for the examination of master and journeyman plumbers and master and journeyman steamfitters, carrying on said vocation in all counties having a population of 500,000; and for other purposes.
Referred to the Committee on Local Affairs.

HB 693. By Messrs. Matthews and Cox of Clarke:
A Bill to be entitled an Act to amend an Act creating and relative to the Board of Commissioners of Roads and Revenues of Clarke County; and for other purposes.
Referred to the Committee on Local Affairs.
HB 694. By Messrs. Cox and Matthews of Clarke:
A Bill to be entitled an Act to amend an Act creating the City Court of Athens; and for other purposes.
Referred to the Committee on Local Affairs.

HR 234-694. By Mr. Underwood of Taylor:
A Resolution authorizing the conveyance of certain lands in Taylor County; and for other purposes.
Referred to the Committee on State Institutions and Property.

934

JOURNAL OP THE HOUSE,

HR 235-694. By Messrs. Fuqua of Richmond and Stuckey of Dodge:
A Resolution creating a Committee relative to the construction of a new Governor's Mansion; and for other purposes.
Referred to the Committee on Rules.

HR 236-694. By Messrs. Phillips, Thornton, and Taylor of Bibb:
A Resolution authorizing and directing the State Librarian to furnish certain law books to the newly created Judgeship of the Macon Judicial Circuit; and for other purposes.
Referred to the Committee on Local Affairs.

HB 695. By Messrs. Howard and Mackay of DeKalb:
A Bill to be entitled an Act to repeal an Act relating to the recording of plats and subdivising of lands in certain counties; and for other purposes.
Referred to the Committee on Local Affairs.

HB 696. By Messrs. Howard, Mackay and Rutland of DeKalb:
A Bill to be entitled an Act to authorize certain counties to acquire thoroughly the exercise of the power of eminent domain private prop erty for fire station sites, appurtenances and parking areas incidental thereto; and for other purposes.
Referred to the Committee on Local Affairs.

Mr. Ray of Warren County, Chairman of the Committee on Appropriations, 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 23- 39. Do Pass.

HR 24- 39. Do Pass.

HR 25- 39. Do Pass.

HR 186-577. Do Pass.

HR 191-599. Do Pass.

Respectfully submitted,

Ray of Warren, Chairman.

Mr. Barber of Jackson County, Chairman of the Committee on Hygiene and Sanitation, submitted the following report:
Mr. Speaker:
Your Committee on Hygiene and Sanitation has had under consideration the

TUESDAY, FEBRUARY 28, 1961

936

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 250. Do Pass. HB 229. Do Pass. SB 76. Do Pass As Amended. SB 74. Do Pass. SB 117. Do Pass.
Respectfully submitted, Barber of Jackson, 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 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:
HR 201. Do Pass.
HB 601. Do Pass.
SB 119. Do Pass.
Respectfully submitted,
Pickard of Muscogee, Chairman.

Mr. Busbee of Dougherty County, Chairman of the Committee on Judiciary, submitted the following report:

Your Committee on Judiciary has had under consideration the following
Mr. Speaker:
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:

HR 214-642. Do Pass. HB 607. Do Pass by Committee Substitute.

SB

31. Do Pass.

Respectfully submitted,

Busbee of Dougherty, Chairman.

Mr. Underwood of Montgomery County, Chairman of the Committee on Local Affairs, submitted the following report:

936

JOURNAL OF THE HOUSE,

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 :

HE 399. Do Pass As Amended.

HB 582. Do Pass.

HB 587. Do Pass.

HB 588. Do Pass.

HB 592. Do Pass.

HB 595. Do Pass.

HB 605. Do Pass.

HB 609. Do Pass.

HB 610. Do Pass.

HB 611. Do Pass.

HB 612. Do Pass.

HB 613. Do Pass.

HB 614. Do Pass.

HB 584. Do Pass.

HB 616. Do Pass.

HB 617. Do Pass.

SB

96. Do Pass.

SB 101. Do Pass.

SB 102.

SB 103.

SB 131.

SB

42.

SB

43.

SB

45.

SB

47.

SB

88.

SB 107.

SR

36.

HE 78-226.

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

Respectfully submitted,

Underwood of Montgomery, Chairman.

TUESDAY, FEBRUARY 28, 1961

937

Mr. Barrett of Cherokee 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 639. Do Pass.
Respectfully submitted,
Barrett of Cherokee, Chairman.

Mr. Bolton of Spalding County, Chairman of the Committee on Special Judiciary, submitted the following report:
Mr. Speaker:
Your Committee on Special Judiciary has had under consideration the fol lowing Bill of the Senate and has instructed me as Chairman, to report the same back to the House with the following recommendation:
SB 89. Do Pass.
Respectfully submitted,
Bolton of Spalding, Chairman.

Mr. Twitty of Mitchell County, Vice-Chairman of the Committee on Rules, submitted the following report:
Mr. Speaker:
Your Committee on Rules has had under consideration the following Reso lutions of the House and Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HR 158. Do Pass As Amended.
HR 134. Do Pass.
SR 35. Do Pass.
SR 44. Do Not Pass.
Respectfully submitted,
Twitty of Mitchell, Vice-Chairman.

Mr. McCracken of Jefferson County, Chairman of the Committee on State of Republic, submitted the following report:
Mr. Speaker:
Your Committee on State of Republic has had under consideration the fol-

938

JOURNAL OF THE HOUSE,

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 458. Do Pass By Substitute.

SB

34. Do Pass As Amended.

SB

100. Do Pass.

HB 656. Do Pass.

SB

84. Do Pass.

SB

115. Do Pass.

HR 215-642. Do Pass.

HB 389. Do Pass.

HB 392. Do Pass As Amended.

Respectfully submitted,

McCracken of Jefferson, Chairman.

Mr. Blalock of Clayton County, Chairman of the Committee on Ways and Means, submitted the following report:
Mr. Speaker:
Your Committee on Ways and Means has had under consideration the fol lowing Bill of the Senate and has instructed me as Chairman, to report the same back to the House with the following recommendation:
SB 116. Do Pass As Amended.
Respectfully submitted,
Blalock of Clayton, Chairman.

The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the follow ing Bills and Resolutions of the House to wit:

HB 53. By Messrs. Duncan of Carroll, Scoggin and Lowrey of Floyd and others:
A Bill to be known as the "Motor Vehicle Certificate of Title Act"; and for other purposes.

HB 150. By Mr. Walker of Lowndes:
A Bill providing additional procedures for taking the testimony of witnesses to wills; and for other purposes.

TUESDAY, FEBRUARY 28, 1961

939

HB 158. By Messrs. McClelland, Smith and Brooks of Fulton:
A Bill to amend an Act relating to members of the Police Department in cities having a population of 150,000 or more providing pensions to widows and dependents; and for other purposes.

HB 210. By Messrs. McClelland, M. Smith and Brooks of Fulton:
A Bill to amend an Act establishing a new charter for the City of Atlanta, so as to provide that the Mayor and Board of Aldermen are authorized to prescribe, by ordinance, penalties for anyone convicted or who enters a plea of guilty or a plea of nolo contendere for being a contempt of the municipal court of the City of Atlanta; and for other purposes.

HB 251. By Messrs. Brooks, Smith and McClelland of Fulton:
A Bill to amend an Act creating a new charter for the City of Atlanta, so as to create in the Department of Municipal Revenue Collector the position of Chief Deputy Municipal Revenue Collectors; and for other purposes.

HB 362. By Mr. Arnsdorff of Effingham:
A Bill to provide for an increase in the salary of the Judge of the City Court of Springfield; and for other purposes.

HB 363. By Mr. Arnsdorff of Effingham:
A Bill to fix the terms of the City Court of Springfield; to provide for pleadings and practice therein; and for other purposes.

HB 365. By Mr. Jones of Lumpkin:
A Bill to amend an Act creating a new charter for the City of Dahlonega; and for other purposes.

HB 368. By Mr. Summers of Crisp:
A Bill to amend an Act creating and establishing a new charter for the City of Cordele, so as to increase the city limits; and for other purposes.

HB 369. By Mr. Black of Webster:
A Bill to amend an Act to provide for an expense allowance for the commissioner of Roads and Revenues in certain counties; and for other purposes.

HB 370. By Mr. Black of Webster:
A Bill to provide for the salary of the Commissioner of Roads and Revenue in certain counties; and for other purposes.

HB 371. By Mr. Black of Webster:
A Bill to amend an Act to provide the Sheriff of certain counties with a supplemental salary; and for other purposes.

940

JOURNAL OF THE HOUSE,

HB 372. By Messrs. Duncan and Waldrop of Carroll:
A Bill to amend an Act establishing a new charter for the City of Carrollton, by creating the office of "City Supervisor"; and for other purposes.

HB 374. By Messrs. Caldwell and Echols of Upson:
A Bill to amend an Act creating a new charter for the City of Thomaston; and for other purposes.

HB 379. By Mr. Arnsdorff of Effingham:
A Bill to amend an Act relating to the creation of the Office of County Treasurer for Effingham County; and for other purposes. f

HB 383. By Messrs. Payton and Potts of Coweta:
A Bill to amend an Act creating a new charter for the City of Newnan relating to the closing of Goodrum Place; and for other purposes.

HB 387. By Mr. Twitty of Mitchell:
A Bill to amend an Act creating the Ordinaries' Retirement Fund of Georgia; and for other purposes.

HB 394. By Mr. Kimmons of Pierce:
A Bill to amend an Act creating the Board of Commissioners of Roads and Revenues of Pierce County; and for other purposes.

HB 396. By Mr. Roberts of Jones:
A Bill to amend an Act creating a new charter for the Town of Gray so as to authorize the Mayor and Aldermen of said City to open, close, lay-out, widen, straighten, or otherwise change streets, alleys and squares in the Town of Gray; and for other purposes.

HB 397. By Messrs. Twitty and Collins of Mitchell:
A Bill creating a Small Claims Court in counties having a population of not less than 19,500 and not more than 19,700; and for other pur poses.

HB 398. By Mr. Phillips of Walton:
A Bill to amend an Act incorporating the City of Monroe and defining its limits; and for other purposes.

HB 403. By Messrs. Lee and Blalock of Clayton:
A Bill to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Clayton County into the office of Tax Commissioner of Clayton County; and for other purposes.

TUESDAY, FEBRUARY 28, 1961

941

HB 404. By Messrs. Killian and Flexer of Glynn:
A Bill to amend the City Charter for the City of Brunswick so as to provide for the procedure connected with the making of tax returns; to provide for the assessment of taxable property; and for other purposes.

HB 405. By Messrs. Killian and Flexer of Glynn:
A Bill to amend an Act creating the City Court of Brunswick, so as to increase the number of bailiffs in said court; and for other purposes.

HB 406. By Messrs. Killian and Flexer of Glynn:
A Bill to place the Coroner of Glynn County on a monthly salary in lieu of the fee system of compensation; and for other purposes.

HB 407. By Messrs. Killian and Flexer of Glynn:
A Bill to amend an Act creating a Board of Commissioners of Roads and Revenues for Glynn County; and for other purposes.

HB 408. By Messrs. Mackay, Howard and Rutland of DeKalb:
A Bill to amend the Juvenile Court Act in certain counties; and for other purposes.

HB 409. By Mr. Roper of Greene:
A Bill to amend an Act creating the Board of Commissioners of Roads and Revenues in and for Greene County; and for other purposes.

HB 411. By Mr. Roper of Greene: A Bill to amend an Act consolidating the offices of Tax Receiver and Collector of Greene County into the one office of Tax Commissioner of Greene County; and for other purposes.
HB 412. By Mr. Roberts of Jones:
A Bill to amend an Act creating a new charter for the Town of Gray, so as to change the name of the City of Gray; and for other purposes.
HB 413. By Messrs. Fordham and Lane 'of Bulloch:
A Bill to provide for a change in the annual salary of the Judge of the City Court of Statesboro; and for other purposes.
HB 414. By Messrs. Fordham and Land of Bulloch:
A Bill to amend an Act relating to a change in the compensation of the Chairman; clerk and other members of the Board of Commissioners of Bulloch County; and for other purposes.
HR 18-39. By Messrs. Pickard, Dicus and Wickham of Muscogee:
A Resolution authorizing the Governor to convey certain real estate owned by the State of Georgia in Muscogee County and used for Mili-

942

JOURNAL OF THE HOUSE,

tary purposes to the City of Columbus, in exchange for a conveyance by the City of Columbus to the State of certain other real estate located in Muscogee County suitable for use for military purposes and acceptable by the Military Department for such usage; and for ofher purposes.

HE 99. By Messrs. Lanier of Candler; Roper of Greene and others:
A Resolution to honor the memory of the late Dr. Thomas B. Janes, Georgia's first Commissioner of Agriculture; to provide for an appro priate marker on his grave and on the highway right-of-way near his grave and to provide also for an appropriate marker to make his old home site in Greene County; and for other purposes.

HR 102. By Messrs. Matthews of Colquitt, Branch and Morris of Tift and others:
A Resolution urging the Board of Regents of the University System of Georgia to change the status of the Abraham Baldwin Agricultural College at Tifton, Georgia, from a two-year to a four-year institution.

HR 196. By Mr. McClelland of Fulton:
A Resolution extending congratulations to Hon. Dean Rusk; and for other purposes.

HR 204. By Messrs. Smith of Emanuel; Fordham of Bulloch and others:
A Resolution expressing regret at the passing of Hon. Prince H. Preston; and for other purposes.

HR 228. By Messrs. Jernigan of Clinch and Smith of Emanuel:
A Resolution commending the Hon. Downing Musgrove; and for other purposes.

The Senate has passed as amended by the requisite constitutional majority the following Bill of the House to wit:

HB 410. By Mr. Roper of Greene:
A Bill to place the compensation of the Sheriff, the Clerk of the Supe rior Court and the Ordinary and Coroner of Greene County on a salary basis in lieu of a fee basis; and for other purposes.

The Senate insists on its position on the following Bill of the House and respectfully asks that a committee of conference be appointed.

HB 245. By Messrs. Crawford, Dickey and Funk of Chatham:
A Bill to be entitled an Act to amend the several Acts incorporating the City of Savannah; to extend the corporate limits; to provide for a referendum; and for other purposes.
The President has appointed as a committee of conference: Senators Grayson of the 1st, Tovvson of the 16th and Lambert of the 28th.

TUESDAY, FEBRUARY 28, 1961

943

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 143. By Senator Brown of the 52nd:
A Bill to amend the charter for the City of Atlanta approved Feb. 28, 1874, and the several acts amendatory thereof; to repeal conflicting laws; and for other purposes.

SB 144. By Senator Brown of the 52nd:
A Bill authorizing county boards of education of counties having a population of more than 500,000 according to the last or any future federal decennial census to create by appropriate resolution emeritus offices for retired heads of departments of the public school system of such counties; to fix the terms and conditions on which such heads of departments may qualify; to fix the salaries to be paid to such emeritus officers; to repeal conflicting laws; and for other purposes.

SB 145. By Senator Braly of the 38th:
A Bill to create the Paulding County Water Authority; and for other purposes.

SB 149. By Senator Fitzpatrick of the 51st:
A Bill to amend an Act creating a Board of Commissioners of Roads and Revenues for the County of Twiggs, approved July 27, 1923 (Ga. L. 1923, p. 324), so as to change the compensation of the Commissioners of said Board; to change the compensation of the Clerk of said Board; to repeal conflicting laws; and for other purposes.

SB 150. By Senator Brown of the 52nd:
A Bill to amend an Act creating a new Charter for the City of Atlanta, approved Feb. 28, 1874, and the several Acts amendatory thereof; to repeal conflicting laws; and for other purposes.

SB 146. By Senator Gardner of the 47th:
A Bill creating a Small Claims Court in each county in this State hav ing a population of not less than 33,300 and not more than 34,056 according to the U. S. Decennial Census of 1960 or any future such census, and including the county of Colquitt; to provide the procedure connected therewith; and for other purposes.

SR 53. By Senator Harrington of the 20th: A Resolution authorizing the transfer of a certain tract of land from

944

JOURNAL OF THE HOUSE,

the Georgia Forestry Commission to the Georgia Department of De fense; and for other purposes.

SB 147. By Senator Sanders of the 18th:
A Bill to amend an Act creating the Peace Officers' Annuity and Bene fit Fund, approved Feb. 1, 1950 (Ga. L. 1950, p. 50), as amended, particularly by an Act approved March 17, 1959 (Ga. Laws 1959, p. 330), so as to change the provision relating to the sums remitted to the Fund; to repeal conflicting laws; and for other purposes.

SB 151. By Senators Lambert of the 28th, Gardner of the 47th and others:
A Bill to amend an Act entitled "An Act to provide for the holding of bar examinations in this State, to repeal all laws in conflict therewith, and for other purposes," approved Feb. 26, 1945 (Ga. Laws 1945, p. 151), as amended, to repeal conflicting laws; and for other purposes.

SB 153. By Senator Lambert of the 28th:
A Bill to amend Code Sec. 114-421, relating to the appointment of guardians for claimants by the Workmen's Compensation Board, so as to provide for the appointment of guardians for incompetent claim ants; to repeal conflicting laws; and for other purposes.

SB 156. By Senator Johnson of the 46th:
A Bill to amend an Act relating to motor vehicle licenses, approved Dec. 24, 1937 (Ga. L. 1937-38, Ex. Sess., p. 259), as amended, so as to change the basis on which trucks, tractors, trailers, and semi-trailers, whether for hire or private, are taxed annually; to repeal conflicting laws; and for other purposes.

SB 158. By Senator Knox of the 54th:
A Bill to amend an Act creating a Department of Public Safety, so as to provide that radio technicians of the Department of Public Safety though not members of the uniform battalion shall be compensated at a sum of $344.00 per month; and for other purposes.

By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time:
HB 654. By Messrs. Killian and Flexer of Glynn:
A Bill to be entitled an Act to repeal an Act providing for a county tax for roads in certain counties; and for other purposes.

HB 655. By Messrs. Lee and Blalock of Clayton: A Bill to be entitled an Act to amend an Act to incorporate the Town

TUESDAY, FEBRUARY 28, 1961

945

of Forest Park; to prescribe its limits; to provide for the annexations to the limits of said City; and for other purposes.

HB 656. By Messrs. Scoggin of Floyd and Matthews of Colquitt:
A Bill to be entitled an Act to repeal an Act which gives additional credit points to Veterans taking certain examinations given by any existing examining board or commission; and for other purposes.

HB 657. By Mr. Doster of Wilcox:
A Bill to be entitled an Act to amend an Act relating to qualifications of applicants for the barbers and hairdressers examination, so as to prescribe certain qualifications for schooling or experience before tak ing said examination; and for other purposes.

HB 658. By Messrs. Adams and Moore of Polk:
A Bill to be entitled an Act to amend an Act incorporating the Town of Rockmart; to confer additional powers upon the corporate authori ties thereof; and for other purposes.

HB 659. By Messrs. M. 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, so as to provide additional pension benefits; and for other purposes.

HB 660. By Messrs. McClelland, Brooks and M. Smith of Fulton:
A Bill to be entitled an Act to amend an Act providing for pensions for members of Police Departments in certain cities, so as to provide additional pension benefits for all members of the police department of such cities who have served in excess of 30 years at the time of retirement; and for other purposes.

HB 661. By Mr. Lanier of Candler:
A Bill to be entitled an Act to amend an Act creating a Board of Road and Revenue Commissioners in and for the County of Candler; to provide that said Board shall be required to have an annual inven tory of all county property and equipment and an independent audit of county finances; and for other purposes.

HB 662. By Mr. Barber of Jackson:
A Bill to be entitled an Act to amend an Act creating the Charter of the City of Jefferson; to change the time for making returns of property for taxation; and for other purposes.

946

JOURNAL OP THE HOUSE,

HB 663. By Messrs. Crowe of Bartow and Adams of Polk:
A Bill to be entitled an Act to repeal an Act which prohibits a farmers' mutual fire insurance company from accepting reinsurance of the risk of any other insurer; and for other purposes.

HB 664. By Messrs. Fleming, Hull and Fuqua of Richmond:
A Bill to be entitled an Act to provide in certain counties for the fixing of the salaries of the Court Reporters and Special Bailiffs and secretaries to the Superior Court Judge or Judges; and for other pur poses.

HB 665. By Messrs. Dickey, Funk and Crawford of Chatham:
A Bill to be entitled an Act to amend an Act relating to mechanics' lien on personalty, so as to provide that such lien may be foreclosed by surrendering possession of the property and filing said lien within ninety days after the work is done rather than recording said lien as now provided by law; and for other purposes.

HB 666. By Mr. Strickland of Evans:
A Bill to be entitled an Act to grant a new charter to the City of Claxton in the County of Evans; and for other purposes.

HB 667. By Messrs. M. Smith and McClelland 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 certain cities; and for other purposes.

HB 668. By Mr. Sheffield of Brooks:
A Bill to be entitled an Act to place the compensation of the Sheriff of Brooks County on a salary basis in lieu of a fee basis; and for other purposes.

HR 229-668. By Mr. Underwood of Taylor:
A Resolution to compensate Lester B. Fallin; and for other purposes. (State Highway Dept.)

HR 230-668. By Messrs. Williams and Andrews of Hall:
A Resolution proposing an amendment to the Constitution creating the Gainesville and Hall County Development Authority; and for other purposes.
HR 231-668. By Mr. Ross of Lincoln:
A Resolution authorizing and directing the State Librarian to furnish

TUESDAY, FEBRUARY 28, 1961

947

certain law books for the Clerk of the Superior Court of Lincoln County; and for other purposes.

HR 232-668. By Mr. Smith of Habersham:
A Resolution proposing an amendment to the Constitution so as to provide for the election of the members of the Board of Education of Habersham County by the people; and for other purposes.

HR 233-668. By Mr. Ross of Lincoln:
A Resolution designating the A. E. Strother Bridge; and for other purposes.

HB 669. By Mr. Raulerson of Echols:
A Bill to be entitled an Act completely and exhaustively revising, superseding and consolidating laws relating to State Game and Fish Commission, so as to prohibit the manufacture or possession of cer tain traps which do not conform with specifications set forth in the rules and regulations of the State Game and Fish Commission; and for other purposes.

HB 670. By Messrs. Parker of Screven and Lanier of Candler:
A Bill to be entitled an Act to regulate the sale, inspection, importa tion and distribution of fluid milk and milk products for human con sumption; to provide procedures connected therewith; and for other purposes.

HB 671. By Mr. Smith of Fulton:
A Bill to be entitled an Act to amend an Act providing that certain cities shall furnish pensions to officers and employees of such cities, so as to provide additional pension benefits for all employees who have served in excess of twenty-five years at the time of retirement; and for other purposes.

HB 672. By Mr. Joiner of Washington:
A Bill to be entitled an Act to amend an Act relating to the incor poration of the City of Sandersville; and for other purposes.

HR 158. By Messrs. Ballard of Newton, Purcell of Franklin, and others:
A Resolution creating a Highway Study Committee; and for other purposes.

SB 73. By Senators Overby of the 33rd and Lambert of the 28th: A Bill to be entitled an Act to provide for the removal of disabilities

948

JOURNAL OF THE HOUSE,

of minority; to provide the procedures connected therewith; and for other purposes.

SB 89. By Senator Knox of the 54th:
A Bill to be entitled an Act to amend an Act amending and revising the adoption laws now set forth in Chapter 74-4 of the Code of 1933, so as to provide the manner and method of giving notice of final hear ings in adoption cases when the address of the party or parties is unknown; and for other purposes.

SB 114. By Senator Grayson of the 1st:
A Bill to be entitled an Act to amend Code Section 91-804A pertaining to the sale of county-owned property, so as to provide that said code section shall not apply to any option to sell or dispose of any real property belonging to any county of this State that was granted by said county prior to March 17, 1959; and for other purposes.

SB 119. By Senator Owens of the 32nd:
A Bill to be entitled an Act to amend Code Section 65-205, which relates to the membership of non-profit cooperative associations so as to change the eligibility for membership requirements; and for other purposes.

SB 124. By Senator Mitchell of the 43rd:
A Bill to be entitled an Act to amend an Act entitled "An Act to amend Code Chapter 91-8 pertaining to general provisions on inventory and sale of public property . . ." so as to provide for the private sale, transfer, or conveyance of unserviceable county property under certain conditions; and for other purposes.

SB 132. By Senator Dews of the 9th:
A Bill to be entitled an Act to amend Code Section 26-5104 of the Code of Georgia of 1933, so as to provide that before any sale of a pistol or revolved is consummated, the vendor thereof shall receive from the pur chaser, a "certificate of residence" from the ordinary of the county in which the purchaser resides; and for other purposes.

SB 135. By Senator Sanders of the 18th:
A Bill to be entitled an Act to amend an Act approved February 13, 1952, so as to provide that the Attorney-General may designate the solicitor general of any judicial circuit to represent such persons and the interest of the State of Georgia in such matters as referred to in preceding Acts; and for other purposes.

SB 141. By Senators Knox of the 54th and Hart of the 53rd:
A Bill to be entitled an Act to provide for compulsory school attend ance; and for other purposes.

TUESDAY, FEBRUARY 28, 1961

949

SB 142. By Senators Knox of the 54th and Hart of the 53rd:
A Bill to be entitled an Act to repeal an Act providing for compulsory school attendance of all children within the State of Georgia between their seventh and sixteenth birthdays; 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 582. By Mr. Clark of Catoosa:
A Bill outlining the duties and providing for the compensation of the Tax Commissioner of Catoosa County; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 584. By Mr. Rogers of Paulding: A Bill to supplement the compensation of the sheriff 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 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 587. By Mr. Clark of Catoosa: A Bill providing for the compensation of Commissioner of Roads and Revenue of Catoosa County, also to provide clerical help and employ ment of a County Attorney to advise said Commissioner; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
Oh the passage of the Bill, the ayes were 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

950

JOURNAL OF THE HOUSE,

HB 588. By Mr. Clark of Catoosa:
A Bill to provide clerical assistance to the sheriff of Catoosa County; and for other purposes.

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

On the passage of the Bill, the ayes were 115, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 592. By Mr. Murphy of Haralson: A Bill to provide a new method for electing city officials and members of the Board of Education in the City of Bremen; and for other pur poses.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 595. By Mr. Paris of Barrow: A Bill authorizing the governing authorities of the City of Winder to make sanitary assessments on property in said city; and for other purposes.

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

On the passage of the Bill, the ayes were 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 605. By Mr. Kirkland of Tattnall: A Bill to change the compensation of the Board of Commissioners of Tattnall County; and for other purposes.
The report of the Committee, which was favorable to the passage <5f the Bill, was agreed to.
On the passage of the Bill, the ayes were 115, nays 0.

TUESDAY, FEBRUARY 28, 1961

951

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

HB 609. By Messrs. Greene and Crowe of Bartow:
A Bill to change the corporate limits of 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 115, nays 0.

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

HB 610. By Messrs. Greene and Crowe of Bartow:
A Bill to change the corporate limits of 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 115, nays 0.

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

HB 611. By Messrs. Greene and Crowe of Bartow:
A Bill allowing the City of Cartersville to annex a certain area if approved by majority of property owners in referendum held in said area to be annexed; and for other purposes.

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

On the passage of the Bill, the ayes were 115, nays 0.

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

HB 612. By Messrs. Ployd and Loggins of Chattooga:
A Bill placing the ordinary of Chattooga County on a salary, also providing clerical assistance; and for other purposes.

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

952

JOURNAL OF THE HOUSE,

On the passage of the Bill, the ayes were 115, nays 0.

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

HB 613. By Messrs. Abney and Coker of Walker:
A Bill authorizing the City of Rossville in Walker County to increase its corporate limits; and for other purposes.

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

On the passage of the Bill, the ayes were 115, nays 0.

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

HB 614. By Mr. Clark of Catoosa:
A Bill authorizing the Town of Fort Oglethorpe to enlarge its cor porate limits; and for other purposes.

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

On the passage of the Bill, the ayes were 115, nays 0.

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

HB 616. By Messrs. Howard, Rutland and Mackay of DeKalb:
A Bill prescribing the salaries of the elective county officers of DeKalb County; and for other purposes.

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

On the passage of the Bill, the ayes were 115, nays 0.

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

HB 617. By Messrs. Howard, Rutland and Mackay of DeKalb:
A Bill to increase the salary of the official court reporter of the Stone Mountain Circuit; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

TUESDAY, FEBRUARY 28, 1961

953

On the passage of the Bill, the ayes were 115, nays 0.

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

HB 399. By Messrs. Brooks, Smith and McClelland of Fulton:
A Bill amending an Act providing for pensions for members of the police departments in cities having a population of 150,000 or more, relating to re-employment or re-appointment; and for other purposes.

The following Committee amendment was read and adopted:
Committee on Local Affairs move to amend HB 399 by striking therefrom in its entirety Section 3 thereof and substituting in lieu there of a new section to be known as Section 3 as follows:
Section 3. The provisions of this Act as amended shall not in any way affect or restrict the rights, powers and privileges of an Emeritus Officer of such cities who now or shall hereafter hold an emeritus office pursuant to the provisions of any law or ordinance establishing same.

The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to.

On the passage of the Bill, as amended, the ayes were 115, nays 0.

The Bill, having received the requisite constitutional majority, was passed, as amended.

SB 42. By Messrs. Brown of the 52nd and McWhorter of the 34th:
A Bill providing benefits for the widow of paid fireman in cities of a certain population if the death of said fireman resulted in line of duty; and for other purposes.

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

On the passage of the Bill, the ayes were 115, nays 0.

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

SB 43. By Senators Brown of the 52nd and McWhorter of .the 34th:
A Bill providing benefits for wives and children of members of the police department in cities of a certain population, whose deaths are caused from injuries received in line of duty; and for other purposes.

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

954

JOURNAL OF THE HOUSE,

On the passage of the Bill, the ayes were 115, nays 0.

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

SB 45. By Senator Brown of the 52nd:
A Bill authorizing the City of Hapeville to employ an assistant City Recorder and Recorders Pro Haec Vice; to provide that City Depart ment Heads shall not be excluded from pension and retirement pro gram; and for other purposes.

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

On the passage of the Bill, the ayes were 115, nays 0.

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

SB 47. By Senator Brown of the 52nd:
A Bill to provide for changing the time of holding city elections in the City of Hapeville; and for other purposes.

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

On the passage of the Bill, the ayes were 115, nays 0.

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

SB 88. By Senator Brown of the 52nd:
A Bill relating to the Personnel Board of the City of East Point; and for other purposes.

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

On the passage of the Bill, the ayes were 115, nays 0.

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

SB 96. By Senator Mitchell of the 43rd:
A Bill to supplement the salary of the Judge of the Superior Court for the Cherokee Judicial Circuit by providing Whitfield County's con tribution; and for other purposes.

TUESDAY, FEBRUARY 28, 1961

955

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

On the passage of the Bill, the ayes were 115, nays 0.

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

SB 101. By Senator McWhorter of the 34th:
A Bill to provide for street improvements where such street abuts property on both front and side in the City of Decatur; and for other purposes.

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

On the passage of the Bill, the ayes were 115, nays 0.

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

SB 107. By Senator Brown of the 52nd:
A Bill to authorize the investment of funds of county boards of edu cation 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 115, nays 0.

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

SB 102. By Senator Owens of the 32nd:
A Bill to change the compensation of the Tax Commissioner of Lumpkin County; and for other purposes.

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

On the passage of the Bill, the ayes were 115, nays 0.

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

SB 103. By Senator Owens of the 32nd:
A Bill to authorize an expense allowance for the Commissioner of Roads and Revenues of Lumpkin County; and for other purposes.

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

956

JOURNAL OF THE HOUSE,

On the passage of the Bill, the ayes were 115, nays 0.

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

SB 131. By Senator Conger of the 8th:
A Bill to establish an Airport Authority 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 115, nays 0.

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

By unanimous consent, the following Bills and Resolutions of the Senate were read the first time and referred to the committees:

SR 53. By Senator Harrington of the 20th:
A Resolution authorizing the transfer of a certain tract of land from the Georgia Forestry Commission to the Georgia Department of De fense; and for other purposes.
Referred to the Committee on State Institutions and Property.

SB 143. By Senator Brown of the 52nd:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Atlanta, approved February 28, 1874; and for other purposes.
Referred to the Committee on Local Affairs.

SB 144. By Senator Brown of the 52nd:
A Bill to be entitled an Act authorizing county Boards of Education of counties having a population of more than 500,000, according to last or any future federal decennial census to create by appropriate reso lution emeritus offices for retired heads of departments of the public school system of such counties; fix terms for qualifying, fix salaries; and for other purposes.
Referred to the Committee on Local Affairs.

SB 145. By Senator Braly of the 38th:
A Bill to be entitled an Act to create the Paulding County Water Authority; and for other purposes.
Referred to the Committee on Local Affairs.

TUESDAY, FEBRUARY 28, 1961

957

SB 146. By Senator Gardner of the 47th:
A Bill to be entitled an Act creating a Small Claims Court in each county in this State having a population of not less than 33,300 and not more than 34,056 according to the U. S. Decennial Census of 1960 or any future such census, and including the county of Colquitt; and for other purposes.
Referred to the Committee on Local Affairs.

SB 149. By Senator Pitzpatrick of the 51st:
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 Twiggs, so as to change the compensation of the Commissioners; to change compensation of the Clerk of said Board; and for other purposes.
Referred to the Committee on Local Affairs.

SB 150. By Senator Brown of the 52nd:
A Bill to be entitled an Act to amend an Act creating a new Charter for the City of Atlanta, approved Feb. 28, 1874; and for other purposes.
Referred to the Committee on Local Affairs.
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 67. By Messrs. Scoggin of Floyd, Brooks of Fulton, and others:
A Bill to regulate the sale, manufacture, and distribution of cosmetics, drugs, and related items; and for other purposes.
Mr. Scoggin of Floyd moved that the House insist on its position in dis agreeing to the Senate amendment to HB 67 and that a Committee on Conference on the part of the House be appointed to confer with a like committee on the part of the Senate.
The motion prevailed and the Speaker appointed as a Committee on Con ference on HB 67 on the part of the House, the following members:
Messrs. McCutchen of Gilmer, Phillips of Bibb, and Scoggin of Floyd.
Under the general 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 418. By Mr. Busbee of Dougherty:
A Bill amending Sections 53-202 through 53-208 of the Code of Georgia of 1933 relating to marriage licenses; and for other purposes.
The following amendments were read and adopted:
Mr. Smith of Brantley and Busbee of Dougherty move to amend HB 418 as follows:
By striking 53-204 and inserting a new 53-204 to read as follows:

958

JOURNAL OF THE HOUSE,

"If for any reason the proposed wife is unable to obtain the original or duly certified copy of her birth certificate, then upon presentation of two affidavits from freeholders of the county in which the application is made, to the Judge of the Superior Court stating that they know the proposed wife is 18 years of age or more then such Judge shall issue an order dispensing with the necessity of having a birth certificate attached to the application for a marriage license. Whether or not such affiants are freeholders shall be determined from the current ad valorem tax returns of such county."
Mr. Murphy of Haralson moves to amend HB 418 as follows:
By adding to Section 53-206 the following language to-wit:
"Provided that the medical certificate and affidavit of preg nancy required herein shall be confidential documents and shall not be exhibited to any member of the public except only upon an order duly signed by the Judge of the Superior Court of the County of the residence of said applicant."
Mr. Busbee of Dougherty moves to amend HB 418 as follows:
By adding at the end of Section 1:
"Notwithstanding any other provision of this Act to the con trary, an ordinary or clerk of the Ordinary may issue a marriage license without requiring a birth certificate or court order as set forth herein, if both parents of the proposed wife, if the parents are living together, and if not, then the parent having custody of such minor, or the legal guardian of such minor, shall file with said application a written consent under oath to the marriage of said proposed wife; or if the ordinary, or clerk of the Ordinary, issuing such license knows that such proposed wife is eighteen years of age, or older. The filing of the written consent provided for in this Section, or proof that the proposed wife was actually eighteen years of age or older at the time such license was issued shall be an absolute defense to any action brought under the provisions of this Act to remove the ordinary or clerk of the ordinary from office."

The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.

On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Andrews of Stephens Ballard Barnett of Wilkes Barnett of Baker Barrett Birdsong Black Bowen of Randolph Brooks of Oglethorpe

Busbee Caldwell Carswell Clarke of Monroe Cloer Cocke Conner Crawford Davis

Deen Dickey Dunn Echols Fleming Flexer Flynt Fordham Fuqua

TUESDAY, FEBRUARY 28, 1961

959

Hall of Lee
Hodges Horton Hull Joiner Jones of Liberty Jones of Worth Jones of Sumter Jordan Keyton Killingsworth Lane Mackay Massee McClelland Melton Milhollin Miller Moore Morris Murphy NeSmith

Odom Otwell Paris Parker of Ware Payton Pelham Phillips of Bibb Pickard Potts Ray Roberts Rogers of Paulding Rowland Scarborough Shuman Simmons Simpson Sinclair Smith of Grady Smith of Brantley Steis Stevens

Stuckey Summers Tamplin Taylor of Bibb Teague Thornton Todd Twitty Undercofler Underwood of Taylor Waldrop Walker of Lowndes Walker of Telfair Watson Wells of Peach Wells of Oconee Wilkes Williams of Coffee Willingham Wilson

Those voting in the negative were Messrs.:

Abney Adams Akins Baughman Brackin Brown Budd Bynum Chance Coker Collins Crowe Culpepper Dollar Doster Duncan of Pannin

Fitzgerald Floyd Henderson Hill Jernigan Knight of Berrien Lewis Loggins Matthews of Clarke McCutchen McGarity Mixon Moate Moorman Moss Mullis

Those not voting were Messrs.:

Andrews of Hall Arnsdorff Barber Blalock Boggs Bolton Bowen of Toombs Boyett Bozeman Branch Brooks of Pulton Chandler

Clark of Catoosa
Cox Dicus Dorminy Duncan of Carroll Fowler of Douglas Fowler of Treutlen Funk Greene Hale Hall of Floyd Harrell

Parker of Appling Farmer Poole Purcell Raulerson Rodgers of Charlton Ross Smith of Habersham Tabb Taylor of Dawson Taylor of Decatur Tucker Wells of Camden Williams of Hall Young
Howard Hurst Johnson Jones of Lumpkin Keadle Kelly Kidd Killian Kimmons King Kirkland Knight of Laurens

960

JOURNAL OF THE HOUSE,

Lanier Lee Lokey Lovett Lowrey Matthews of Colquitt McCracken McDonald Morgan Newton Pannell

Parker of Screven Phillips of Columbia Phillips of Walton Roper Rutland Sangster Scoggin Sheffield Singer Smith of Pulton Smith of Whitfield

Story Strickland Underwood of
Montgomery Vaughn Ware White Wickham Woodward Mr. Speaker

On the passage of the Bill, as amended, the ayes were 91, nays 47.

The Bill, having failed to receive the requisite constitutional majority, was lost.

Mr. Busbee of Dougherty served notice that at the proper time he would ask the House to reconsider its action in failing to give HB 418 the requisite constitutional majority.

HB 581. By Messrs. Smith of Grady, Underwood of Montgomery and others:
A Bill amending Code Section 110-104, relating to when it is proper to direct verdicts in jury trials; and for other purposes.

The report 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 497. By Messrs. Fordham and Lane of Bulloch, and Hodges of Ware:
A Bill amending an Act known as the "Minimum Foundation Program for Education Act", so as to provide that pupils who live within a certain distance of the school shall not be eligible to be counted as transported pupils for State aid; and for other purposes.

The following amendment was read and adopted:
Mr. Lane of Bulloch moves to amend HB 497 as follows:
By amending the sentence which reads, "Pupils who live be yond such distance shall be eligible to be counted as transported pupils for State aid.", to read as follows: "Pupils who live beyond such distance shall be eligible to be counted as transported pupils for State aid provided such pupils are transported by school buses or other vehicles authorized by the county board of education of the county in which such pupils reside."

The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.

TUESDAY, FEBRUARY 28, 1961

961

On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney
Adams Akins Andrews of Stephens Arnsdorff Barber Barnett of Wilkes Barnett of Baker Barrett Baughman Bowen of Randolph Brooks of Oglethorpe Brooks of Fulton Brown Budd Busbee Bynum Chance Chandler Clark of Catoosa Clarke of Monroe Cocke Collins Crawford Crowe Davis Been Dickey Duncan of Fannin Duncan of Carroll Dunn Fitzgerald Fleming Floyd Fordham Fowler of Douglas Funk Fuqua Hall of Lee Henderson

Hodges Horton Hull Johnson Joiner Jones of Liberty Jones of Worth Jones of Lumpkin Jones of Sumter Jordan Keadle Kidd Killian King Kirkland Knight of Berrien Lane Lanier Lewis Loggins Lokey Mackay Matthews of Clarke McClelland McCutchen Melton Milhollin Miller Mixon Moorman Morris Moss Mullis NeSmith Odom Paris Parker of Screven Parker of Ware Parker of Appling Farmer

Payton Phillips of Walton Phillips of Bibb Potts Purcell Raulerson Ray Roberts Rodgers of Charlton Rowland Sangster Scarborough Shuman Simmons Sinclair Smith of Brantley Smith of Habersham Steis Stevens Strickland Stuckey Summers Tabb Taylor of Decatur Taylor of Bibb Thornton Todd Twitty Vaughn Waldrop Walker of Telfair Watson Wells of Oconee Wells of Camden
White Wilkes Williams of Coffee Young

Those voting in the negative were Messrs.

Birdsong Black Carswell Culpepper

Echols Keyton Moate Murphy

Poole Taylor of Dawson Ware

Those not voting were Messrs.:

Andrews of Hall Ballard

Blalock Boggs

Bolton Bowen of Toombs

962

JOURNAL OF THE HOUSE,

Boyett Bozeman Brackin
Branch Caldwell
Cloer Coker Conner Cox Dicus Dollar Dorminy Doster Plexer Flynt Fowler of Treutlen Greene Hale Hall of Floyd Harrell Hill Howard Hurst Jernigan

Kelly Killingsworth Kimmons Knight of Laurens Lee Lovett Lowrey Massee Matthews of Colquitt McCracken McDonald McGarity Moore Morgan Newton Otwell Pannell Pelham Phillips of Columbia Pickard Rogers of Paulding Roper Ross Rutland

Scoggin Sheffield Simpson Singer Smith of Grady Smith of Fulton Smith of Whitfield Story Tamplin
Teague Tucker Undercofler Underwood of
Montgomery Underwood of Tayloi Walker of Lowndes Wells of Peach Wickham Williams of Hall Wilson Woodward Mr. Speaker

On the passage of the Bill, as amended, the ayes were 118, nays 11.

T.he Bill, having received the requisite constitutional majority, was passed, as amended.
HB 322. By Messrs. Scoggin of Floyd and Brooks of Fulton:
A Bill amending Code Chapter 84-3 pertaining to Architects; and for other purposes.

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 Akins Andrews of Stephens Andrews of Hall Arnsdorff Barnett of Baker Birdsong Bolton Bowen of Randolph Brooks of Fulton Budd

Chance Clark of Catoosa Clarke of Monroe Cloer Cocke Cox Crawford Crowe Culpepper Davis Deen

Dickey Doster Duncan of Fannin Dunn Fitzgerald Fleming Flexer Fordham Funk Greene Hale

TUESDAY, FEBRUARY 28, 1961

963

Hall of Lee Henderson Hodges Hull Jernigan Johnson Joiner Jones of Liberty Jones of Worth Jones of Lumpkin Jones of Sumter Jordan Keadle Keyton Killian Killingsworth Kirkland Lewis Loggins Lokey Lovett Lowrey Mackay Matthews of Clarke McClelland McCutchen

Melton Milhollin Mixon Moore Moorman Morris Moss Ne Smith Otwell Paris Parker of Screven Parker of Ware Parker of Appling Phillips of Bibb Poole Rodgers of Charlton Rowland Sangster Scarborough Shuman Simmons Simpson Sinclair Smith of Grady Smith of Brantley Smith of Fulton

Steis Stevens Strickland Stuckey Summers Tabb Taylor of Decatur Taylor of Bibb Thornton Tucker Twitty Undercofler Vaughn Waldrop Walker of Lowndes Walker of Telfair Watson Wells of Peach Wells of Camden White Wickham Wilkes Williams of Coffee Young

Those voting in the negative were Messrs.:

Barnett of Wilkes Baughman Brown Bynum Chandler Coker Horton

Lane McGarity Potts Purcell Raulerson Roper Ross

Those not voting were Messrs.:

Abney Ballard Barber Barrett Black Blalock Boggs Bowen of Toombs Boyett Bozeman Brackin Branch Brooks of Oglethorpe Busbee Caldwell Carswell Collins

Conner Dicus Dollar Dorminy Duncan of Carroll Echols Floyd Flynt Fowler of Douglas Fowler of Treutlen Fuqua Hall of Floyd Harrell Hill Howard Hurst Kelly

Smith of Habersham Todd Williams of Hall Willingham Wilson
Kidd Kimmons KingKnight of Laurens Knight of Berrien Lanier Lee Massee Matthews of Colquitt McCracken McDonald Miller Moate Morgan Mullis Murphy

964

JOURNAL OF THE HOUSE,

Newton Odom Pannell Farmer Payton Pelham Phillips of Columbia Phillips of Walton Pickard
Ray

Roberts Rogers of Paulding Rutland Scoggin Sheffield Singer Smith of Whitfield Story Tamplin
Taylor of Dawson

Teague Underwood of
Montgomery Underwood of Taylor Ware Wells of Oconee Woodward Mr. Speaker

On the passage of the Bill, the ayes were 109, nays 19.

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

Mr. Baughman of Early inadvertently voted 'Nay' and asked that he be recorded as voting 'Aye'.

SB 35. By Senators Sanders of the 18th and Clary of the 29th:
A Bill adding one additional Judge of the Superior Court for the Augusta Judicial Circuit of Georgia; and for other purposes.

The following Committee amendment was read and adopted:
The Committee of State of Republic moves to amend SB 35 as follows:
By striking the words "1st day of December 1961" wherever they appear in Section 11 and substituting in lieu thereof the words "1st day of August 1961".

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 126, nays 0.

The Bill, having received the requisite constitutional majority, was passed, as amended.

The following Bill of the House was taken up for the purpose of consider ing the report of the Committee on Conference:

HB 67. By Messrs. Scoggin of Floyd, Brooks of Fulton and others:
A Bill known as the "Georgia Drug and Cosmetic Act"; and for other purposes.

The following report of the Conference Committee was read:
To: PRESIDENT OF THE SENATE SPEAKER OF THE HOUSE OF REPRESENTATIVES
We, your committee of conference on HB 67 make the following report:

TUESDAY, FEBRUARY 28, 1961

965

We recommend that the Senate recede from its position on Senate amendment pertaining to paregoric.
This, the 27 day of February, 1961.
C. L. Ayers Chairman of Senate Conferees
J. Willis Conger Samuel U. Braly P. T. McCutchen
Chairman of House Conferees J. Taylor Phillips Robert L. Scoggin

Mr. McCutchen of Gilmer moved that the House adopt the report of the Conference Committee.

On the motion, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Akins Andrews of Hall Arnsdorff Ballard Barber Barnett of Wilkes Barnett of Baker Barrett Baughman Birdsong Bowen of Randolph Boyett Bozeman Brackin Brooks of Oglethorpe Brown Bynum Carswell Chance Chandler Clark of Catoosa Clarke of Monroe Cloer Cox Crawford Crowe Davis Deen Dickey Doster Duncan of Fannin Dunn Fitzgerald Fleming

Flexer Fordham Greene Hall of Floyd Henderson Hill Hodges Hull Hurst Johnson Joiner Jones of Liberty Jones of Worth Jones of Sumter Jordan Kelly Keyton Kidd Killian Killingsworth King Kirkland Lewis Loggins Lovett Lowrey Mackay Matthews of Clarke McClelland McCutchen McGarity Milhollin Mixon Moate Moore

Moorman Morris Moss Mullis Murphy NeSmith Odom Otwell Paris Parker of Screven Parker of Ware Parker of Appling Farmer Phillips of Columbia Phillips of Walton Phillips of Bibb Pickard Poole Potts Purcell Raulerson Rodgers of Charlton
Ross Rowland Sangster Scoggin Shuman Simmons Simpson Sinclair Smith of Fulton Smith of Habersham Smith of Whitfield
Steis Stevens

966

JOURNAL OF THE HOUSE,

Stuckey Summers Tabb Taylor of Dawson Taylor of Deeatur Taylor of Bibb Thornton Todd

Tucker Twitty Underwood of Taylor Vaughn Waldrop Walker of Lowndes Ware Watson

Wells of Oconee Wells of Camden Williams of Coffee Williams of Hall Willingham Wilson Woodward Young

These voting in the negative were Messrs.:

Andrews of Stephens

Scarborough

Those not voting were Messrs. :

Abney Black Blalock Boggs Bolton Bowen of Toombs Branch Brooks of Fulton Budd Busbee Caldwell Cocke Coker Collins Conner Culpepper Dicus Dollar Dorminy Duncan of Carroll Echols Floyd Flynt Fowler of Douglas Fowler of Treutlen

Funk Fuqua Hale Hall of Lee Harrell Horton Howard Jernigan Jones of Lumpkin Keadle Kimmons Knight of Laurens Knight of Berrien Lane Lanier Lee Lokey Massee Matthews of Colquitt McCracken McDonald Melton Miller Morgan Newton

Pannell Payton Pelham Ray Roberts Rogers of Paulding Roper Rutland Sheffield Singer Smith of Grady Smith of Brantley Story Strickland Tamplin Teague Undercofler Underwood of
Montgomery Walker of Telfair Wells of Peach
White Wickham Wilkes Mr. Speaker

On the motion to adopt the report of the Conference Committee, the ayes were 129, nays 2.

The report of the Conference Committee, having received the requisite constitutional majority, was adopted.

The Speaker announced the House recessed until 1:30 o'clock this afternoon.

AFTERNOON SESSION The Speaker called the House to order. Under the general order of business established by the Committee on Rules

TUESDAY, FEBRUARY 28, 1961

967

the following Bills and Resolutions of the House were taken up for considera tion and read the third time:

The following Bill of the House was again taken up for consideration:

HB 25. By Messrs. Kidd and Chandler of Baldwin:
A Bill providing financial assistance for any school district wherein three (3%) percent or more of the population is employed by the State of Georgia; and for other purposes.

The following Committee substitute was read and lost:
A BILL
To be entitled an Act to provide financial assistance for any school district where in three (3%) per cent of the children in average daily attendance have parents or guardians who live or work on State owned property; to prescribe certain duties to be required of the superin tendents of the school districts affected by this Act; to prescribe cer tain duties of the State Board of Education; to prescribe the procedures connected therewith; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1
For any school district wherein three (3%) per cent or more of the children in average daily attendance have parents or guardians who live or work on State owned property, the State Board of Educa tion shall, within the first ninety (90) days of each fiscal year, make an allotment out of the funds appropriated for educational purposes in an amount and under the formula provided for hereinafter.
SECTION 2
In any such school district, it shall be the duty of the Superin tendent of such school district, within thirty (30) days prior to the end of each fiscal year, to submit the following information to the State Board of Education;
(a) The total number of children attending the common schools, including elementary grades and high school grades within the school district. Said total number of children shall be based on the average daily attendance of such schools.
(b) The total number of children attending said common schools who are paying tuition. Said total number shall be based on the average daily attendance at such schools.
(c) The total number of children attending said common schools whose parent or guardian is not employed by the State of Georgia and whose parent or guardian is not employed exclusively on property owned by the State of Georgia and who are not paying tuition. Said total number shall be based on the average daily attendance at such schools.
(d) The total number of children, attending said common schools

968

JOURNAL OF THE HOUSE,

whose parent or guardian is employed by the State of Georgia and who does not reside on property owned by the State of Georgia. Said total number shall be based on the average daily attendance at such schools.
(e) The total number of children attending said common schools whose parent or guardian is employed by the State of Georgia and who lives on property owned by the State of Georgia. Said total number shall be based on the average daily attendance at such schools.
(f) The total amount of taxes and appropriations received and to be received by the school district from the county or other local agen cies for educational purposes for the current fiscal year.
SECTION 3
The State Board of Education shall determine an average amount by dividing the total as determined by Section 2, Sub-paragraph (f) by the total as determined by Section 2, Sub-paragraph (c).
SECTION 4
The State Board of Education shall, after making the determination as required by Section 3, make an allotment to the school district for which such determination was made in an amount equal to fifty (50%) per cent of the amount determined by multiplying the amount deter mined by Section 3 of this Act by the amount determined by Section 2, Sub-paragraph (d) of this Act.
SECTION 5
The State Board of Education shall, after making the determi nation as required by Section 3, make an allotment to the school district for which such determination was made in an amount equal to ninetyfive (95%) per cent of the amount determined by multiplying the amount determined by Section 3 of this Act by the amount determined by Section 2, Sub-paragraph (e) of this Act.
SECTION 6
The information required by Section 2 of this Act may be verified by the State Board of Education. In the event the State Board of Education determines that the information is not accurate, the funds allotted by this Act shall be increased or decreased as found by their determination, and in the event the funds allotted by this Act have been paid to the school district involved, the State Board of Education shall, if their determination should show an over payment, deduct the over payment from any allotment made to the school district involved from any funds allotted to said school district from State appropria tions.
SECTION 7
The State Board of Education shall have the power and authority to make such rules and regulations and to require such additional information as may be necessary for the proper administration of this Act.
SECTION 8
The funds appropriated by virtue of the terms of this Act shall be

TUESDAY, FEBRUARY 28, 1961

969

in addition to any and all other funds or appropriations allotted to the school districts for educational purposes, and the funds or appropria tions allotted by this Act shall in no way be construed as to reduce any other funds or appropriations for which the school districts may be entitled by virtue of any existing or future law; Provided, however, if the annual income of the State of Georgia for each fiscal year shall fail to be sufficient to pay fully the entire appropriations made by the Appropriations Act, the funds appropriated by this Act shall be reduced in a proportionate ratio to all other funds appropriated by the General Assembly.
SECTION 9
All laws and parts of laws in conflict with this Act are hereby repealed.

The following substitute to HB 25 was read and adopted:
Kidd of Baldwin moves to amend HB 25 as follows:
By striking the caption, enacting clause and bill its entirety and substituting in lieu thereof a substitute bill, as follows:
A BILL
TO BE ENTITLED
An Act to provide financial assistance for any school district wherein three (3%) per cent of the children in average daily attend ance have parents or guardians who live or work on State owned prop erty; to prescribe certain duties to be required of the superintendents of the school districts affected by this Act; to prescribe certain duties of the State Board of Education; to prescribe the procedures connected therewith; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. For any school district wherein three (3%) per cent or more of the children in average daily attendance have parents or guardians who live or work full time on State owned property, the State Board of Education shall, within the first ninety (90) days of each fiscal year, make an allotment out of the funds appropriated for educational purposes in an amount and under the formula provided for hereinafter.
Section 2. In any such school district, it shall be the duty of the Superintendent of such school district, within thirty (30) days prior to the end of each fiscal year, to submit the following information to the State Board of Education:
(a) The total number of children attending the common schools, including elementary grades and high school grades within the school district. Said total number of children shall be based on the average daily attendance of such schools.
(b) The total number of children attending said common schools whose parent or guardian lives or works full time on property owned by the State of Georgia. Said total number shall be based on the average daily attendance at such schools.

970

JOURNAL OF THE HOUSE,

(c) The total amount of taxes and appropriations received and to be received by the school district from the county or other local agencies for educational purposes for the current fiscal year.
Section 3. The State Board of Education shall determine an aver age per pupil amount by dividing the total as determined by Section 2, Sub-paragraph (c) by the total as determined by Section 2, Subparagraph (a).
Section 4. The State Board of Education shall, after making the determination as required by Section 3, make an allotment to the school district for which such determination was made in an amount equal to fifty (50%) per cent of the amount determined by multiplying the amount determined by Section 3 of this Act by the amount determined by Section 2, Sub-paragraph (b) of this Act.
Section 5. The information required by Section 2 of this Act may be verified by the State Board of Education. In the event the State Board of Education determines that the information is not accurate, the funds allotted by this Act shall be increased or decreased as found by their determination, and in the event the funds allotted by this Act have been paid to the school district involved, the State Board of Edu cation shall, if their determination should show an over payment, deduct the over payment from any allotment made to the school district in volved from any funds allotted to said school district from State appro priations.
Section 6. The State Board of Education shall have the power and authority to make such rules and regulations and to require such additional information as may be necessary for the proper administra tion of this Act.
Section 7. The funds appropriated by virtue of the terms of this Act shall be in addition to any and all other funds or appropriations allotted to the school districts for educational purposes, and the funds or appropriations allotted by this Act shall in no way be construed as to reduce any other funds or appropriations for which the school districts may be entitled by virtue of any existing or future law; Provided, however, if the annual income of the State of Georgia for each fiscal year shall fail to be sufficient to pay fully the entire appro priations made by the Appropriations Act, the funds appropriated by this Act shall be reduced in a proportionate ratio to all other funds appropriated by the General Assembly.
Section 8. All laws and parts of laws in conflict with this Act are hereby repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, by substitute.

On the passage of the Bill, by substitute, the ayes were 119, nays 0.

The Bill, having received the requisite constitutional majority, was passed, by substitute.

TUESDAY, FEBRUARY 28, 1961

971

HB 643. By Messrs. Parker of Screven, Johnson of Jenkins, and others:
A Bill amending an Act creating the Georgia Milk Commission; and for other purposes.

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

On the passage of the Bill, the ayes were 103, nays 0.

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

HR 56-142. By Mr. Sangster of Dooly:
A Resolution compensating Mr. Noah A. Powers; and for other pur poses.

The following Committee amendment was read and adopted:
The Committee on Appropriation moves to amend HR 56-142 as follows:
By striking the figure $1605.00 wherever it appears and sub stituting in lieu thereof the figure $995.00.

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 129, nays 0.

The Resolution, having received the requisite constitutional majority, was adopted, as amended.

HR 83-249. By Mr. Purcell of Franklin:
A Resolution compensating Mrs. G. R. Harrison; 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 129, nays 0.

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

HR 92-269. By Mr. Williams of Hall:
A Resolution compensating the North Georgia Petroleum Company; and for other purposes.

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

972

JOURNAL OF THE HOUSE,

On the adoption of the Resolution, the ayes were 129, nays 0.

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

HR 141-408. By Mr. King of Chattahoochee: A Resolution compensating Jay 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 129, nays 0.

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

HR 149-447. By Mr. Davis of Wayne: A Resolution compensating S. Curtis Harper; and for other purposes.

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

On the adoption of the Resolution, the ayes were 129, nays 0.

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

HR 173-538. By Mr. Boyett of Whitfield:
A Resolution compensating Mr. Sherman C. Burgess; and for other purposes.

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

On the adoption of the Resolution, the ayes were 129, nays 0.

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

HB 360. By Mr. Steis of Harris:
A Bill amending an Act entitled the "Georgia Post Mortem Examina tion Act", providing for certain exceptions from the application 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 134, nays 0.

TUESDAY, FEBRUARY 28, 1961

973

The Bill, having received the requisite constitutional majority, was passed.
HB 542. By Mr. Smith of Habersham: A Bill amending Code Section 32-937 relating to admissions to the common schools of this State; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

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

Those voting in the affirmative were Messrs.:

Abney Adams Akins Andrews of Stephens Andrews of Hall Arnsdorff Barber Barnett of Wilkes Birdsong Black Blalock Boyett Branch Brooks of Oglethorpe Brooks of Fulton Brown Budd Bynum Carswell Chance Clarke of Monroe Cloer Coker Collins Crawford Crowe Davis Deen Dollar Doster Duncan of Fannin Dunn Echols Fitzgerald Fleming Flexer Fowler of Douglas Funk Fuqua Greene Hall of Lee

Hodges Hull Johnson Joiner Jones of Liberty Jones of Sumter Jordan Keadle Keyton Killian Kimmons King Kirkland Knight of Laurens Knight of Berrien Lane Lanier Lee Lewis Lokey Lovett Massee Matthews of Clarke McClelland McCutchen McGarity Milhollin Mixon Moore Moorman Morgan Morris Moss Mullis Nesmith Otwell Paris Parker of Screven Phillips of Columbia Phillips of Bibb
Poole

Potts Roberts Roper Rowland Sangster Scarborough Shuman Simmons Simpson Sinclair Smith of Grady Smith of Brantley Smith of Fulton Smith of Habersham Smith of Whitfield Steis Story Strickland Stuckey Summers Tabb Taylor of Decatur Teague Todd Tucker Twitty Undercofler Vaughn Walker of Lowndes Ware Watson Wells of Oconee Wells of Camden White Williams of Coffee Willingham Wilson Woodward Young

974

JOURNAL OF THE HOUSE,

Voting in the negative was Mr. Culpepper.

Those not voting were Messrs.:

Ballard Barnett of Baker Barrett Baughman Boggs Bolton Bowen of Randolph Bowen of Toombs Bozeman Brackin Busbee Caldwell Chandler Clark of Catoosa Cocke Conner Cox Dickey Dicus Dorminy Duncan of Carroll Floyd Flynt Fordham Fowler of Treutlen Hale Hall of Floyd Harrell

Henderson Hill Horton Howard Hurst Jernigan
Jones of Worth Jones of Lumpkin Kelly Kidd Killingsworth Loggins Lowrey Mackay Matthews of Colquitt McCracken McDonald Melton Miller Moate Murphy Newton Odom Pannell Parker of Ware Parker of Appling Farmer Payton

Pelham Phillips of Walton Pickard Purcell Raulerson Ray Rodgers of Charlton Rogers of Paulding Ross Rutland Scoggin Sheffield Singer Stevens Tamplin Taylor of Dawson Taylor of Bibb Thorn ton Underwood of
Montgomery Underwood of Taylor Waldrop Walker of Telfair Wells of Peach Wickham Wilkes Williams of Hall Mr. Speaker

On the passage of the Bill, the ayes were 121, nays 1.

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

HB 600. By Messrs. Keyton of Thomas, Bozeman of Thomas, NeSmith of Meriwether:
A Bill authorizing the governing authorities of the various counties to make, adopt, amend, and repeal building, housing, electrical, plumb ing, gas and other similar codes; and for other purposes.

The following amendment was read and adopted:
Mr. Jones of Sumter moves to amend HB 600 as follows: By deleting the words "examination and licensing of building
trades" appearing in line 4 of Section 4.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.
On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:

TUESDAY, FEBRUARY 28, 1961

975

Those voting in the affirmative were Messrs.:

Adams Akins Andrews of Stephens Arnsdorff Barber Barnett of Wilkes Barnett of Baker Barrett Baughman Birdsong Black Blalock Boyett Bozeman Branch Brooks of Oglethorpe Brown Busbee Bynum Caldwell Car swell Chance Clarke of Monroe
Cloer Cocke Coker Collins Cox Crawford Crowe Davis Doster Duncan of Fannin Duncan of Carroll Dunn Echols Fitzgerald Fleming Flexer Fowler of Douglas

Funk Fuqua Hall of Lee Henderson Hodges Horton Hull Johnson Joiner Jones of Liberty Jones of Lumpkin Jones of Sumter Keadle Kelly Keyton Killian Knight of Laurens Knight of Berrien
Lee Lewis Lokey Lovett Matthews of Clarke McClelland McCracken McCutchen McGarity Melton Mixon Moate Moore Moorman Morris Moss Mullis NeSmith Odom Otwell Paris Parker of Screven

Parker of Appling Phillips of Columbia Phillips of Bibb Pickard Poole Potts Purcell Rodgers of Charlton Rogers of Paulding
Ross Rowland Scarborough Simmons Simpson Sinclair Smith of Grady Smith of Brantley Smith of Fulton Smith of Habersham Smith of Whitfield Steis Tabb Taylor of Dawson Teague Tucker Twitty Underwood of Taylor Waldrop Walker of Lowndes Walker of Telfair Ware Watson Wells of Peach Wells of Oconee White Williams of Coffee Wilson Woodward

Those voting in the negative were Messrs.:

Brackin Culpepper Dollar Howard King

Lane Massee Milhollin Sangster Stuckey

Summers Taylor of Decatur Wells of Camden

Those not voting were Messrs.:

Abney Andrews of Hall Ballard

Boggs Bolton Bowen of Randolph

Bowen of Toombs Brooks of Fulton Budd

976

JOURNAL OF THE HOUSE,

Chandler Clark of Catoosa Conner Been Dickey Dicus Dorminy Floyd Flynt Fordham Fowler of Treutlen Greene Hale Hall of Floyd Harrell Hill Hurst Jernigan Jones of Worth Jordan Kidd Killingsworth

Kimmons Kirkland Lanier Loggins Lowrey Mackay Matthews of Colquitt McDonald Miller Morgan Murphy Newton Pannell Parker of Ware Farmer Payton Pelham Phillips of Walton Raulerson Ray Roberts Roper

Rutland Scoggin Sheffield Shuman Singer Stevens Story Strickland Tamplin Taylor of Bibb Thornton Todd Undercofler Underwood of
Montgomery Vaughn Wickham Wilkes Williams of Coffee Willingham Young Mr. Speaker

On the passage of the Bill, as amended, the ayes were 118, nays 13.

The Bill, having received the requisite constitutional majority, was passed, as amended.

The following Bills of the House were taken up for the purpose of consider ing the Senate substitute/amendments thereto:

HB 310. By Messrs. Mackay, Rutland and Howard of DeKalb.
A Bill amending an Act providing for the approval and recording of plats in certain counties; and for other purposes.
The following Senate substitute was read:
A BILL
TO BE ENTITLED:
An Act to amend an Act to provide that in counties having a popu lation of 200,000 or more according to the last United States census the recording of plats and the subdividing of land shall be regulated by either the mayor and general council of cities or the Commissioner of Roads and Revenues and also prohibiting the subdivision of land in more than five (5) lots without an accurate map of such subdivision, approved August 15, 1921, (Ga. Laws 1921, page 219), as amended by an Act approved August 18, 1923, (Ga. Laws 1923, page 111), as amended by an Act approved August 1, 1927, (Ga. Laws 1927, page 318), so as to delete the population figures "200,000" and insert in lieu thereof the population figures "500,000", to repeal conflicting laws and for other purposes.

TUESDAY, FEBRUARY 28, 1961

977

BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEOR GIA and it is hereby enacted by the authority of same:
SECTION 1
That from and after the passage and approval of this Act an Act to amend an Act to provide that in counties having a population of 200,000 or more according to the last United States census the record ing of plats and the subdividing of land shall be regulated by either the mayor and general council of cities or the Commissioner of Roads and Revenues and also prohibiting the subdivision of land in more than five (5) lots without an accurate map of such subdivision, ap proved August 15, 1921, (Ga. Laws 1921, page 219), as amended by an Act approved August 18, 1923, (Ga. Laws 1923, page 111), as amended by an Act approved August 1, 1927, (Ga. Laws 1927, page 318), be, and the same is hereby, amended by striking the language and figures "hav ing a population of 200,000 or more inhabitants by the last United States census," wherever the same shall appear and inserting in lieu thereof the following language and figures "having a population of 500,000 or more according to the last United States census or any future United States census."
SECTION 2

That all laws or parts of laws in conflict with this Act be, and the same are hereby, repealed.

Mr. Mackay of DeKalb 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.

HB 410. By Mr. Roper of Greene:
A Bill placing the Compensation of the Sheriff, the Clerk of the Supe rior Court and the Ordinary of Greene County, on a salary basis in lieu of a fee basis; and for other purposes.
The following senate amendments was read:
Veazey of the 19th moves to amend HB 410, as follows:
By striking from the first line of Section 2 in their entirety the words and figures "eight thousand ($8,000.00)", and inserting in lieu thereof the words and figures "eighty-two hundred ($8,200.00)"; and
By inserting after the sixth sentence and before the seventh sen tence of Section 2 a sentence which shall read as follows:
"The Sheriff shall continue to receive those monies paid to him by the State pursuant to Code Section 68-201, as amended.";
and
By striking Section -3 of said Act in its entirety and inserting in lieu thereof a new Section 3, which shall read as follows:

978

JOURNAL OF THE HOUSE,

"Section 3. The clerk of the superior court of Greene County shall be compensated in the amount of six thousand five hundred ($6,500.00) dollars per annum, to be paid in equal monthly in stallments from the funds of Greene County. He shall also be paid an allowance in the amount of two thousand five hundred ($2,500.00) dollars per annum to be paid in equal monthly installments from the funds of Greene County, which shall cover the cost of em ploying any deputy clerk and all secretarial help."

Mr. Roper of Greene moved that the House agree to the Senate amendment.

On the motion to agree, the ayes were 103, nays 0.

The Senate amendment to HB 410 was agreed to.

Mr. Twitty of Mitchell moved that the House adjourn until tomorrow morn ing at 10:30 o'clock and the motion prevailed.

The Speaker announced the House adjourned until tomorrow morning at 10:30 o'clock.

WEDNESDAY, MARCH 1, 1961

979

Representative Hall, Atlanta, Georgia Wednesday, March 1, 1961

The House met pursuant to adjournment at 10:30 o'clock, A.M., this day and was called to order by the Speaker.

Prayer was offered by the Chaplain, Rev. Fred Martin, Pastor of the 1st Baptist Church of Ellaville, Georgia.

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

Mr. Black of Webster, Chairman of the Committee on Auditing, Enrolling, Engrossing and Journals reported that the Journal of the previous legislative day 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 uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions.
Mr. Smith of Grady arose on a point of personal privilege and addressed the House.
Mr. Busbee of Dougherty asked unanimous consent that the House reconsider its action in failing to give the requisite constitutional majority to the following Bill of the House:
HB 418. By Mr. Busbee of Dougherty: A Bill amending Sections 3-208 of the 1933 Code of Georgia relating to marriage licenses; and for other purposes.
The consent was granted and the House reconsidered its action in not passing HB 418.
The following report of the Committee on Rules was read and adopted: Mr. Speaker:
Your Committee on Rules met and fixed the calendar for today's business, Wednesday, March 1, 1961, and submits the following:
1. HR 23-39. Compensate T. W. Smith

980

JOURNAL OF THE HOUSE,

2. HE 24-39. Compensate John Broach

3. HR 25-39. Compensate J. C. Dillard

4. HB

80. Court of Appeals, increase members

5. HB

81. Motor vehicles, annual inspection

6. HB 154. Appeals in Civil Cases

7. HB 166. Impersonate agent, Revenue Department

8. HB 229. Board of Psychologists, amend

9. HB 230. Real Estate Investment Board, amend

10. HB 250. Operation of Pharmacy

11. HB 255. Real Estate Investment Trusts, income tax exempt

12. HB 263. Compulsory school attendance, repeal

13. HB 316. Collection Agencies, licensing

14. HB 327. Billiards, define

15. HB 344. Married female may execute notes

16. HB 358. Relating to worthless checks

17. HR 127-383. Relieve Wallace Pryor as surety

18. HB 386. Board of Funeral Service, amend

19. HB 389. Establishment of housing authorities, amend

20. HB 401. Municipal limits, maintain certain streets

21. HR 144-415. Motorboat numbering act, confirm

22. HB 432. False wholesale advertising, amend

23. HB 437. Relating to counties condemning property

24. HB 458. Credit for time in General Assembly

25. HB 467. Relating to custody of children

26. HB 494. Members of Military, absentee voting

27. HB 537. State Board of Education, lease property

28. HB 540. Georgia Safety Fire Commissioner, amend

29. HB 544. Relating to validation of bonds

30. HB 589. Urban Redevelopment Law, amend

31. HR 191-599. Compensate Slash Pine Electric Corporation

32. HB 601. Political Advertisement, overcharge

33. HB 607. Undivided interest, real estate

34. HR 214-642. Commission on State Sovereignty

35. HB 656. Credit points to veterans

WEDNESDAY, MARCH 1, 1961

981

36. HB 37. HB

292. Condemnation--State Highway 269. State Examining Board, additional points

The Speaker shall have the right to call the above Bills and Resolutions in any order which he may desire.
Smith of Emanuel, Chairman. Undercofler of Sumter, Secretary.

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

HB 697. By Mr. Paris of Barrow:
A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Roads and Revenues for Barrow County; and for other purposes.
Referred to the Committee on Local Affairs.

HR 237-697. By Mr. Smith of Brantley: A Resolution compensating Gabriel L. Strickland; and for other purposes.
Referred to the Committee on Appropriations.

HR 238-697. By Messrs. Mackay, Howard and Rutland of DeKalb: A Resolution to compensate A. W. Ledford; and for other purposes.
Referred to the Committee on Appropriations.

HB 698. By Messrs. Story and Morgan of Gwinnett:
A Bill to be entitled an Act to incorporate the City of Suwanee; to pro vide a municipal government therefor; to define the name, style and corporate limits of said City; and for other purposes.
Referred to the Committee on Local Affairs.

HB 699. By Messrs. Duncan and Waldrop of Carroll:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Carrollton; and for other purposes.
Referred to the Committee on Local Affairs.

Mr. Lanier of Candler 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 543. Do Pass.

982

JOURNAL OF THE HOUSE,

HB 670. Do Pass. HB 624. Do Pass.

Respectfully submitted,
Lanier of Candler, Chairman.

Mr. Barber of Jackson 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 657. Do Pass.

Respectfully submitted,

Barber of Jackson, Chairman.

Mr. Lovett of Laurens County, Chairman of the Committee on Industrial Relations, submitted the following report:
Mr. Speaker:
Your Committee on Industrial Relations 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 10. Do Pass, by Committee Substitute.
Respectfully submitted,
Lovett of Laurens, Chairman.

Mr. Busbee of Dougherty 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 292. Do Pass, by Committee Substitute.
Respectfully submitted,
Busbee of Dougherty, Chairman.

Mr. Underwood of Montgomery 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, MARCH 1, 1961

983

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 272. Do Pass.

HB 381. Do Pass.

HB 621. Do Pass.

HB 622. Do Pass.

HB 623. Do Pass.

HB 626. Do Pass.

HB 627. Do Pass.

HB 631. Do Pass, as Amended.

HB 632. Do Pass, as Amended.

HB 633. Do Pass.

HB 634. Do Pass.

HB 635. Do Pass.

HB 636. Do Pass.

HB 637. Do Pass.

HB 638. Do Pass.

HB 640. Do Pass.

HB 642. Do Pass.

HB 655. Do Pass.

HB 658. Do Pass.

HB 661. Do Pass.

HB 662. Do Pass.

HB 664. Do Pass.

HB 668. Do Pass.

HB 672. Do Pass.

HB 666. Do Pass, as Amended.

HE 213-642. Do Pass.

HR 230-668. Do Pass.

HR 231-668.

HR 232-668.

SB

97.

SB 111.

Do Pass.

Do Pass.

Do Pass, by Substitute.

Do Pass.

Respectfully submitted,

Underwood of Montgomery, Chairman.

984

JOURNAL OP THE HOUSE,

Mr. Caldwell of Upson County, Chairman of the Committee on Motor Vehicles, submitted the following report:
Mr. Speaker:
Your Committee on Motor Vehicles has had under consideration the following Resolution of the House and has instructed me, as Chairman, to report the same back to the House with the following recommendation:
HR 187-599. Do Pass.
Respectfully submitted,
Caldwell of Upson, Chairman.

Mr. Twitty of Mitchell County, Vice-Chairman of the Committee on Rules, submitted the following report:
Mr. Speaker:
Your Committee on Rules has had under consideration the following Resolu tions of the House and has instructed me, as Vice-Chairman, to report the same back to the House with the following recommendations:
HR 223. Do Pass, as Amended.
HR 225. Do Pass.
Respectfully submitted,
Twitty of Mitchell, Vice-Chairman.
By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time:
HB 673. By Mr. Barber of Jackson:
A Bill to be entitled an Act to amend an Act incorporating the City of Hoschton, so as to decrease the corporate limits of said city; and for other purposes.
HB 674. By Mr. Barber of Jackson:
A Bill to be entitled an Act to provide that the governing authority of Jackson County shall furnish certain necessary expenses for operating the Sheriff's Office; and for other purposes.
HB 675. By Mr. Barber of Jackson:
A Bill to be entitled an Act to amend an Act incorporating the Town of Braselton, so as to decrease the corporate limits of said town; and for other purposes.
HB 676. By Messrs. Scoggin, Lowrey and Hall of Floyd:
A Bill to be entitled an Act to provide in certain counties for the trial of all violations of traffic laws of the State of Georgia in the City Court in the same manner as now provided for the trial of such cases in the Court of Ordinary in certain counties; and for other purposes.

WEDNESDAY, MARCH 1, 1961 .

985

HB 677. By Messrs. Birdsong and Ware of Troup:
A Bill to be entitled an Act to amend an Act incorporating the City of LaGrange, so as to provide for the power of eminent domain and con demnation; and for other purposes.

HB 678. By Messrs. Phillips, Thornton and Taylor of Bibb:
A Bill to be entitled an Act to amend an Act establishing a retirement system for the State of Georgia, so as to authorize all judges of any civil or municipal court in any county of this State established in lieu of justice of the peace courts, to become members of and participate in the Employees Retirement System of Georgia; and for other purposes.

HB 679. By Messrs. McClelland, Brooks and Smith of Fulton:
A Bill to be entitled an Act to amend an Act which relates to grants of State and local funds for school children and to other matters in certain counties; and for other purposes.

HB 680. By Mr. McClelland of Fulton:
A Bill to be entitled an Act to amend an Act providing for retirement of the Judges and Solicitor-General of the criminal court of Fulton County, the Civil Court of Fulton County and the Juvenile Court of Fulton County, so as to limit eligibility for benefits thereunder; and for other purposes.

HB 681. By Messrs. Smith and McClelland of Fulton:
A Bill to be entitled an Act to amend an Act providing a system of pen sions and other benefits for members of paid fire departments in certain cities; and for other purposes.

HB 682. By Mr. M. Smith of Fulton:
A Bill to be entitled an Act to amend an Act providing in Fulton County a system of pensions and retirement pay to Teachers and Employees of the Board of Education of Fulton County, so as to increase pension bene fits provided under said Act; and for other purposes.

HB 683. By Mr. Smith of Fulton:
A Bill to be entitled an Act to amend an Act providing that cities with a certain population shall furnish pensions to officers and employees of such cities, so as to provide additional pension benefits for all employees who have served in excess of 25 years at the time of retirement; and for other purposes.
HB 684. By Mr. Dicus of Muscogee:
A Bill to be entitled an Act to amend an Act known as the Georgia Retailers' and Consumers' Sales and Use Tax Act, section 3 (c) 1 (c) of said Act defining as taxable charges made for the operation of coinoperated music and amusement devices; and for other purposes.

986

JOURNAL OF THE HOUSE,

HB 685. By Messrs. Rutland, Howard and Mackay of DeKalb:
A Bill to be entitled an Act to repeal an Act establishing Juvenile Courts in certain counties; and for other purposes.

HB 686. By Messrs. Poole of Pickens and Barrett of Cherokee:
A Bill to be entitled an Act to amend an Act incorporating- the City of Nelson, so as to change the rate of tax levy for certain purposes; and for other purposes.

HB 687. By Mr. Barrett of Cherokee:
A Bill to be entitled an Act to amend an Act changing the Sheriff, Clerk of Superior Court, the Tax Commissioner and the Ordinary of Cherokee County from a fee basis to a salary system; and for other purposes.

HB 688. By Mr. Barrett of Cherokee:
A Bill to be entitled an Act to amend an Act creating a charter for the City of Holly Springs, so as to change the corporate limits of said city; and for other purposes.

HB 689. 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.

HB 690. By Mr. Barrett of Cherokee:
A Bill to be entitled an Act to amend an Act reincorporating the City of Woodstock; and for other purposes.

HB 691. By Messrs. Brooks, McClelland and Smith of Fulton:
A Bill to be entitled an Act to amend an Act creating the office of Judge of the Superior Courts Emeritus, so as to modify the service qualifica tions for appointment to the office of Judge of the Superior Courts Emeritus; and for other purposes.

HB 692. By Messrs. McClelland, Brooks and Smith of Fulton:
A Bill to be entitled an Act to provide for the examination of master and journeyman plumbers and master and journeyman steamfitters, carrying on said vocation in all counties having a population of 500,000; and for other purposes.

HB 693. By Messrs. Matthews and Cox of Clarke:
A Bill to be entitled an Act to amend an Act creating and relative to the Board of Commissioners of Roads and Revenues of Clarke County; and for other purposes.

HB 694. By Messrs. Cox and Matthews of Clarke:
A Bill to be entitled an Act to amend an Act creating the City Court of Athens; and for other purposes.

WEDNESDAY, MARCH 1, 1961

,

987

HR 234-694. By Mr. Underwood of Taylor:
A Resolution authorizing the conveyance of certain lands in Taylor County; and for other purposes.

HR 235-694. By Messrs. Fuqua of Richmond and Stuckey of Dodge:
A Resolution creating a Committee relative to the construction of a new Governor's Mansion; and for other purposes.

HR 236-694. By Messrs. Phillips, Thornton and Taylor of Bibb:
A Resolution authorizing and directing the State Librarian to furnish certain law books to the newly created Judgeship of the Macon Judicial Circuit; and for other purposes.

HB 695. By Messrs. Howard and Mackay of DeKalb:
A Bill to be entitled an Act to repeal an Act relating to the recording of plats and subdividing of lands in certain counties; and for other pur poses.

HB 696. By Messrs. Howard, Mackay and Rutland of DeKalb:
A Bill to be entitled an Act to authorize certain counties to acquire through the exercise of the power of eminent domain private property for fire station sites, appurtenances and parking areas incidental there to; and for other purposes.

SR 53. By Senator Harrington of the 20th:
A Resolution authorizing the transfer of a certain tract of land from the Georgia Forestry Commission to the Georgia Department of Defense; and for other purposes.

SB 143. By Senator Brown of the 52nd:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Atlanta, approved February 28, 1874; and for other purposes.

SB 144. By Senator Brown of the 52nd:
A Bill to be entitled an Act authorizing county Boards of Education of counties having a population of more than 500,000, according to last or any future federal decennial census to create by appropriate resolution emeritus offices for retired heads of departments of the public school system of such counties; fix terms for qualifying, fix salaries; and for other purposes.

SB 145. By Senator Braly of the 38th:
A Bill to be entitled an Act to create the Paulding County Water Author ity; and for other purposes.

988

JOURNAL OF THE HOUSE,

SB 146. By Senator Gardner of the 47th:
A Bill to be entitled an Act creating a Small Claims Court in each county in this State having a population of not less than 33,300 and not more than 34,056 according to the U. S. Decennial Census of 1960 or any future such census, and including the county of Colquitt; and for other purposes.

SB 149. By Senator Fitzpatrick of the 51st:
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 Twiggs, so as to change the compensation of the Commissioners; to change compensation of the Clerk of said Board; and for other purposes.

SB 150. By Senator Brown of the 52nd:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Atlanta, approved Feb. 28, 1874; 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 186. By Messrs. Lee and Blalock of Clayton:
A Bill to amend an Act so as to increase the payment of fees to any peace officer in counties having a population of not less than 45,500 or more than 47,000; and for other purposes.

HB 212. By Mr. Massee of Pulaski:
A Bill to amend an Act creating the office of Commissioner of Roads and Revenues of Pulaski County; and for other purposes.

HB 329. By Mr. Simpson of Wheeler:
A Bill to provide for a change in the compensation of the Commissioner of Roads and Revenues of Wheeler County; and for other purposes.

HB 339. By Mr. Walker of Lowndes:
A Bill to provide a procedure for the annexation of territory of munici palities located in counties having a certain population; and for other purposes.

HB 367. By Mr. Wells of Oconee:
A Bill to amend an Act incorporating the Town of Bogart in Oconee County, so as to change the tax millage of such town; and for other purposes.

WEDNESDAY, MARCH 1, 1961

989

HB 422. By Messrs. Hall, Lowrey and Scoggin of Floyd:
A Bill to provide for the compensation of the Treasurer of Floyd County; and for other purposes.

HB 423. By Messrs. Hall, Lowrey and Scoggin of Floyd:
A Bill to amend an Act to provide for the mode and amount of compen sation accruing to the offices of Clerk of the Superior Court, Clerk of the City Court, Sheriff and Comptroller of Floyd County; and for other purposes.

HB 420. By Messrs. Hall, Lowrey and Scoggin of Floyd:
A Bill to authorize the Clerk of the Superior Court and other proper officers to install and use microfilm photographic equipment in record ing all records relating to any court cases, in certain counties; and for other purposes.

HB 421. By Messrs. Hall, Lowrey and Scoggin of Floyd:
A Bill to amend an Act which creates the office of Tax Commissioner of Floyd County, so as to change the compensation accruing to the office of Tax Commissioner; and for other purposes.

HB 424. By Messrs. Scoggin, Hall and Lowrey of Floyd:
A Bill to create the Rome-Floyd County Industrial Development Author ity; and for other purposes.

HB 425. By Messrs. Scoggin, Hall and Lowrey of Floyd:
A Bill to fix the compensation of and for memhers of the Board of Roads and Revenues of Floyd County, to restrict and limit their expense ac count; and for other purposes.
HB 426. By Messrs. Scoggin, Hall and Lowrey of Floyd:
A Bill to amend an Act providing for the compensation of the members of the County Board of Education of Floyd County; and for other pur poses.
HB 427. By Messrs. Busbee and Odom of Dougherty:
A Bill to amend an Act creating and establishing a new charter for the City of Albany, relating to registration books and voters; and for other purposes.
HB 428. By Mr. Rodgers of Charlton:
A Bill to provide for the districting of Charlton County into fire protec tion districts; and for other purposes.
HB 430. By Messrs. Matthews and Cox of Clarke:
A Bill to authorize the Mayor and Council of this City of Athens to close that portion of Cloverhurst Avenue between Baxter Street and Finley Street in said City; and for other purposes.

990

JOURNAL OF THE HOUSE,

HB 431. By Mr. Otwell of Forsyth:
A Bill to amend an Act providing a new charter for the City of Gum ming, so as to change the corporate limits; and for other purposes.

HB 435. By Messrs. Williams and Andrews of Hall:
A Bill to amend an Act creating a Board of Commissioners of Roads and Revenues of Hall County; and for other purposes.

HB 439. By Mr. Stuckey of Dodge:
A Bill to amend an Act to change from the fee system to the salary sys tem in the County of Dodge, the sheriff of said county and the Clerk of the Superior Court; and for other purposes.

HB 440. By Mr. Stuckey of Dodge:
A Bill to amend an Act to change from the fee system to the salary system in the County of Dodge, the Sheriff and the Clerk of the Su perior Court; and for other purposes.

HB 443. By Mr. Stuckey of Dodge:

'

A Bill to amend an Act creating the office of Commissioner of Roads and Revenues of Dodge County; and for other purposes.

HB 444. By Messrs. Williams and Andrews of Hall:
A Bill to amend an Act creating a Board of Commissioners of Roads and Revenues of Hall County; and for other purposes.
HB 445. By Mr. Stuckey of Dodge:
A Bill to amend an Act creating the Office of Tax Commissioner of Dodge County; and for other purposes.
HB 446. By Mr. White of Mclntosh: A Bill to amend an Act relating to the incorporation of the City of Darien, so as to close certain streets; and for other purposes.
HB 447. By Mr. White of Mclntosh: A Bill to amend an Act relating to the compensation of the Ordinary of Mclntosh County; and for other purposes.
HB 448. By Mr. Jones of Worth:
A Bill to amend an Act relating to the limitation of ad valorem taxation by municipal corporations, so as to provide that the City of Warwick shall not be affected by the provisions of this Act; and for other purposes.
HB 449. By Mr. Jones of Worth:
A Bill to amend an Act providing a new charter for the Town of War wick, so as to change the name of the City of Warwick; and for other purposes.

WEDNESDAY, MARCH 1, 1961

991

HB 451. By Messrs. Matthews and Cox of Clarke:
A Bill to fix the compensation of the Judge of the Juvenile Court of Clarke County; and for other purposes.

HB 454. By Messrs. Hall, Lowrey and Scoggin of Floyd:
A Bill to amend an Act to create a new charter and municipal govern ment for the City of Rome; to define the rights and powers of the mu nicipality; and for other purposes.

HB 455. By Messrs. Hall, Lowrey and Scoggin of Floyd:
A Bill to amend an Act to create a new charter and municipal govern ment for the City of Rome; to define the rights and powers of the muni cipality; to define the corporate limits; and for other purposes.

HB 463. By Messrs. Crawford, Funk and Dickey of Chatham:
A Bill to repeal an Act relating to local government improvement com missions in certain counties; and for other purposes.

HB 464. By Messrs. Matthews and Newton of Colquitt:
A Bill to provide for a change in the compensation of the Sheriff of Col quitt County; and for other purposes.

HB 465. By Mr. Newton of Colquitt:
A Bill to amend an Act relating to the incorporation of the City of Moultrie, so as to provide for a change in the millage rate on all taxable prop erty in the City of Moultrie; and for other purposes.

HB 469. By Messrs. Jones and Undercofler of Sumter:
A Bill proposing a new charter for the City of Americus; and for other purposes.

HB 468. By Mr. Henderson of Atkinson:
A Bill to amend an Act creating a County Court of Atkinson County; and for other purposes.

HB 470. By Mr. Wells of Peach:
A Bill to amend an Act incorporating the Office of Tax Receiver and Tax Collector of Peach County into the one office of Tax Commissioner of Peach County; and for other purposes.

HB 471. By Mr. Tamplin of Morgan:
A Bill to amend an Act providing a salary system for certain county officers of Morgan County, so as to change the amount authorized for assistants for the Clerk of the Superior Court of Morgan County; and for other purposes.

992

JOURNAL OP THE HOUSE,

HB 472. By Mr. Miller of Elbert:
A Bill to amend an Act incorporating the City of Elberton so as to rede fine and extend said corporate limits; and for other purposes.

HB 473. By Mr. Miller of Elbert:
A Bill to amend an Act incorporating the City of Elberton so as to rede fine and extend said corporate limits; and for other purposes.

HB 474. By Mr. Hale of Dade:
A Bill to amend an Act providing a new charter for the City of Trenton; and for other purposes.

HB 476. By Messrs. Blalock and Lee of Clayton:
A Bill to amend an Act creating the Clayton County Water Authority; and for other purposes.

HB 477. By Messrs. Lee and Blalock of Clayton:
A Bill to amend an Act placing the Ordinary of Clayton County on a salary basis in lieu of a fee basis; and for other purposes.

HB 478. By Mr. Andrews of Stephens:
A Bill to create and establish the Toccoa-Stephens County Airport Au thority; and for other purposes.

HB 479. By Mr. Underwood of Taylor:
A Bill to repeal an Act incorporating the City of Carsonville in the County of Decatur; and for other purposes.

HB 483. By Mr. Ballard of Newton:
A Bill to amend an Act providing for a Board of Directors and one Commissioner of Roads and Revenues for Newton County; and for other purposes.

HB 484. By Mr. Ballard of Newton:
A Bill to amend an Act relating to the incorporation of the Town of Oxford; and for other purposes.

HB 486. By Mr. McGarity of Henry:
A Bill to amend an Act providing for the compensation of the County Treasurer in certain counties; and for other purposes.

HB 487. By Mr. McGarity of Henry:
A Bill to provide for the compensation for the Coroners in certain coun ties; and for other purposes.

WEDNESDAY, MARCH 1, 1961

993

HB 488. By Mr. Fowler of Treutlen:
A Bill to create a new charter for the City of Soperton; and for other purposes.

HB 489. By Messrs. Cox and Matthews of Clarke:
A Bill to repeal certain provisions in the Charter of the City of Athens; to provide for the Office of City Tax Assessors; and for other purposes.

HB 498. By Mr. Simpson of Wheeler:
A Bill to provide for the yearly compensation for the Ordinary of Wheeler County, in addition to fees which he now receives; and for other purposes.

HB 499. By Mr. Simpson of Wheeler:
A Bill to amend an Act relating to the creation of the Office of Tax Commissioner, Tax Receiver and County Treasurer of Wheeler County; so as to change monthly compensation; and for other purposes.

HB 500. By Messrs. Odom and Busbee of Dougherty:
A Bill to consolidate the office of Tax Receiver and the office of Tax Collector of Dougherty County into the one office of Tax Commissioner; to provide the term of office; and for other purposes.

HB 507. By Mr. Tabb of Miller:
A Bill creating a Board of Commissioners of Roads and Revenues for Miller County, so as to change the compensation of the members of the Board other than the Chairman; and for other purposes.

HB 511. By Mr. Singer of Stewart:
A Bill to amend an Act entitled "An Act to fix the compensation of the tax commissioner in certain counties; to combine the offices of disburs ing clerk and clerk of the commissioner of roads and revenue in certain counties; to fix the salary of such office; and for other purposes.

HB 142. By Mr. Steis of Harris:
A Bill to amend an Act known as the Georgia Securities Act, so as to provide for the changing and clarification of the requirements for eremption contained in Subsection (J) of Section 6; and for other purposes.

HB 514. By Messrs. Twitty of Mitchell, Hall of Floyd and others:
A Bill to authorize the State Personnel Board to provide a Health Insur ance Plan for employees of the State of Georgia; and for other purposes.

The Senate has passed, as amended, by the requisite constitutional majority the following Bills of the House, to wit:
HB 41. By Messrs. McCutchen of Gilmer, Duncan of Fannin and others: A Bill to amend an Act relating to punishments for violations of Election

994

JOURNAL OF THE HOUSE,

laws, so as to prohibit the solicitation of votes by any means or methods for any person or proposition on any election day within a specified dis tance of any voting place; and for other purposes.

HB 213. By Mr. Massee of Pulaski:
A Bill to amend an Act creating a new charter for the City of Hawkinsville, so as to change the city limits; and for other purposes.

The Senate has passed, as amended, by the requisite constitutional majority the following Bill of the House, to wit:

HB 359. By Messrs. Killian and Plexer of Glynn and others:
A Bill to amend an Act regulating the preparation, contents, and record ing of maps or plats of survey of tracts or bodies of land, so as to pro vide that certain counties shall come under the operation of said Act; and for other purposes.

The Senate has passed, by substitute, by the requisite constitutional majority the following Bill of the House, to wit:
HB 104. By Messrs. Sangster of Dooly, Underwood of Montgomery, Lowrey of Ployd and others:
A Bill to amend an Act known as the "Uniform Act Regulating Traffic on Highways," so as to provide that it shall be unlawful for any person to operate a motor vehicle upon the public highways of this State so as to Race or engage in a contest of speed; and for other purposes.
The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
The Senate has adopted report of Committee of Conference on the following Bill of the House:
HB 67. By Messrs. Scoggin of Floyd, Brooks of Fulton, and others:
To regulate the sale, manufacture, distribution of cosmetics, drugs and related items.
By unanimous consent, the following Bills and Resolutions of the House and Senate were taken up for consideration and read the third time:
HB 272. By Messrs. Brooks, McClelland arid Smith of Fulton: A Bill to provide for the protection of pension rights of county officers and employees of 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 120, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

WEDNESDAY, MARCH 1, 1961

995

HB 381. By Messrs. Brooks, McClelland and Smith of Fulton:
A Bill to amend an Act providing a system of pensions for teachers and employees of the Board of Education of Fulton County so as to remove any restriction on account of future participation in the Federal O.A.S.I. Program; and for other purposes.

The report 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 621. By Mr. Akins of Union:
A Bill to provide an allowance for clerical assistance to the Tax Com missioner of Union County; and for other purposes.

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

On the passage of the Bill, the ayes were 120, nays 0.

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

HB 622. By Mr. Moss of Gordon:
A Bill to authorize the Commissioner of Roads and Revenues of Gordon County to levy a tax not to exceed 3 mills; and for other purposes.

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

On the passage of the Bill, the ayes were 120, nays 0.

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

HB 623. By Mr. Moss of Gordon: A Bill to extend the corporate limits 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 120, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 626. By Messrs. Parker and Hodges of Ware: A Bill to fix the salary of the county commissioners in certain counties; and for other purposes.

996

JOURNAL OF THE HOUSE,

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

On the passage of the Bill, the ayes were 120, nays 0.

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

HB 627. By Mr. Black of Webster:
A Bill to change the salary of the Commissioner of Roads and Revenues of Webster County; and for other purposes.

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

On the passage of the Bill, the ayes were 120, nays 0.

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

HB 633. By Messrs. Willingham, Wilson and Teague of Cobb:
A Bill to change the corporate limits of the City of Austell; and for other purposes.

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

On the passage of the Bill, the ayes were 120, nays 0.

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

HB 634. By Messrs. Teague, Willingham and Wilson of Cobb:
A Bill to increase the salary of the Tax Commissioner of Cobb County and his chief clerk; and for other purposes.

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

On the passage of the Bill, the ayes were 120, nays 0.

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

HB j:635. By Messrs. Teague, Willingham and Wilson of Cobb:
A Bill to provide for the appointment of a chief investigator for Cobb County; and for other purposes.

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

On the passage of the Bill, the ayes were 120, nays 0.

"' ! J H

''

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

WEDNESDAY, MARCH 1, 1961

:997

HB 636. By Messrs. Teague, Willing-ham and Wilson of Cobb:
A Bill to provide for the deletion of area from a Fire Prevention District 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 120, nays 0.

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

HB 637. By Mr. Purcell of Franklin:

<

A Bill to provide that the bond of the Sheriff of Franklin County shall be as prescribed by general law; and for other purposes.

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

On the passage of the Bill, the ayes were 120, nays 0.

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

HB 638. By Messrs. Teague, Willingham and Wilson of Cobb: .;
A Bill to fix the compensation of the assistant solicitor-general of the Cobb Judicial Circuit; and for other purposes.

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

On the passage of the Bill, the ayes were 120, nays 0.

...,.,-.

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

HB 640. By Messrs. Fleming, Hull and Fuqua of Richmond:
A Bill to authorize counties having a certain population to establish law libraries; and for other purposes.

The report 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 642. By Messrs. Smith and Boyett of Whitfield:
A Bill to provide for the closing of Whitfield Street in the City of Dalton; and for other purposes.

998

JOURNAL OF THE HOUSE,

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 120, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 655. By Messrs. Blalock and Lee of Clayton: A Bill to increase the corporate limits of the City of Forest Park; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 120, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 658. By Messrs. Adams and Moore of Polk: A Bill to increase the corporate limits of 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 120, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 661. By Mr. Lanier of Candler: A Bill to change the compensation of the members of the Board of Road and Revenue Commissioners of Candler County; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 120, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 662. By Mr. Barber of Jackson:
A Bill to change the hours of holding elections in the City of Jefferson; and for other purposes.

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

On the passage of the Bill, the ayes were 120, nays 0.

WEDNESDAY, MARCH 1, 1961

999

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

HB 664. By Messrs. Fleming, Hull and Fuqua of Richmond:
A Bill to change the compensation of the court reporter and the bailiff to the judge of the superior courts in counties having a certain popula tion; and for other purposes.

The report 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 668. By Mr. Sheffield of Brooks:
A Bill to place the compensation of the Sheriff of Brooks 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 120, nays 0.

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

HB 672. By Mr. Joiner of Washington:
A Bill to provide for a change in the amount of the maximum fine that may be imposed for violation of a law of the City 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 120, nays 0.

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

HB 631. By Messrs. Teague, Willingham and Wilson of Cobb:
A Bill to incorporate a community in Cobb County to be known as "Chattahoochee Plantation"; and for other purposes.

The following committee amendment was read and adopted:
The Committee on Local Affairs moves to amend Section 20 by deleting the comma after the "heat" in the third line and by deleting the words "and other public utility service" from the third and fourth lines.
Further amend Section 20 by changing the comma after the word "heat" in the seventh line to a semi-colon and deleting the words "any other public utility system or plants;" from the seventh and eighth lines.

1000

JOURNAL OF THE HOUSE,

Amend Section 25 deleting the words "any other public service or utility system," from the seventh and eighth lines.

The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to.

On the passage of the Bill, as amended, the ayes were 120, nays 0.

The Bill, having received the requisite constitutional majority, was passed, as amended.

HB 632. By Messrs. Teague, Willingham and Wilson of Cobb:
A Bill to allow the expenditure of monies derived from a street improve ment bond issue for certain purposes by the City of Marietta; and for other purposes.

The following committee amendment was read and adopted:
The Committee on Local Affairs moves to amend HB 632 as follows:
By striking from the title of said Act the phrase: "to add to and enlarge the corporate limits and to provide for a referendum respecting such addition and enlargement;" in its entirety; and
By striking Sections 4 and 5 of said Act in their entirety; and
By renumbering Section 6 of said Act as Section 4.

The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to.

On the passage of the Bill, as amended, the ayes were 120, nays 0.

The Bill, having received the requisite constitutional majority, was passed, as amended.

HB 666. By Mr. Strickland of Evans:
A Bill to provide a new charter for the City of Claxton; and for other purposes.

The following committee amendments were read and adopted:
The Committee on Local Affairs moves to amend HB 666 as follows:
By striking from Paragraph (a) of Section 5 the words "without the necessity of obtaining approval of the council," and inserting in lieu thereof the words "with the consent and approval of the council."
The Committee on Local Affairs moves to amend HB 666 as follows:
1. Delete from Section 18, paragraph (a), the following words:
"a system of lights or electric power and other public service or util ity system"

WEDNESDAY, MARCH 1, 1961

1001

so that said Section 18, paragraph (a), when amended, will read as fol lows:
"(a) Bond. The council of said City of Claxton shall have power and authority to contract debts and issue bonds of said city as the valid obligations thereof, under and in accordance with the limita tions provided in the Constitution and laws of said State, for the purpose of refunding valid existing debts, establishing, improving and maintaining a water supply system; establishing, improving and maintaining a sewerage system; for the paving or otherwise improv ing streets, sidewalks or public places; and, for any other improve ments, convenience or necessity for the use of said city or the citi zens thereof, or for any other lawful purposes."
2. Delete from Section 19 the following words:
"electric light,", "electric light and power plant,"
so that said Section 19, when amended, will read as follows:
"Condemnation.
The City of Claxton shall have full power and authority to con demn private property for any public purpose, including but not limited to, establishing public streets, sidewalks, parks and play ground; for the rights-of-way for any water supply, gas or sewer line or sewerage disposal plant; for sites for the building or enlarg ing of any public building reservoir or structure necessary for the operation and conduct of the fire department, water plant, gas works or system, sewerage system, including lines and disposal plant, or any other department of said city; and, for any other public use whatsoever, whenever same is necessary in their opinion. Whenever the city shall desire to exercise the power and authority to condemn property as granted and conferred herein, said power and authority shall be exercised, whether the land sought to be condemned is in the hands of the owner or trustees, executors, administrators, guardian or agent; and, all proceedings for condemnation shall he in the man ner provided by the general laws of the State of Georgia for con demnation of private property by towns and cities as contained in Georgia Code, 1933, Section 36-301, et seq."
3. Delete from Section 21 the following words:
"electric lights and power,", "and other public utility", "a system of electric light and power lines, a system for the manufacturing of lights", "and other public utility system or plants; to purchase or generate electric energy;"
Add in the second line of said Section 21 the word "and" between the words "gas, heat" so that said Section 21, when amended, will read as follows:
"Authority to Furnish.
Said City of Claxton shall have full power and authority to fur nish water, gas, and heat service for the public use of said city, and for private use and charge therefor; to own, construct, enlarge, operate and maintain a system of waterworks and sewerage, and/or heat, and to maintain the supplying of said public utility service."
4. Delete from Section 22 the following words:

1002

JOURNAL OP THE HOUSE,

"electric lights or power energy,", "and other public utilities and service".
Delete from paragraph (a) of Section 22 the following words:
"electric energy", "and other public utilities and service", "electric light and power energy,", "or other public utilities and service", "electric energy".
Add in the first line of paragraph (a) the word "and" between the words "heat, sewer service".
Delete from paragraph (b) of Section 22 the following words:
"but not limited to", "electric energy,", "or other utilities and serv ice and the enumeration of particular classes of servic shall not be construed as to exclude any other service that may be provided or furnished by said city, from the operation and provisions of this Charter."
so that said Section 22, when amended, will read as follows:
"Payment and Collection of Charges.
Said City of Claxton shall have full power and authority to regulate and enforce the collection of and insure payment of, charges for supplying of water, gas, heat, sewer service by the following methods: (a) By making said charges for water, gas, heat and sewer service, a charge upon the property of real estate served and in case prompt payment is not made for any such service, it may be provided that the water, gas, heat or sewer service shall be shut off from the building, place or premises, and shall not be compelled to again supply said building, place or premises, until said arrears, with interest and other charges thereon, if fully paid; and further it may be provided for the issuance of an execution for the unpaid charges for water, gas, heat, or sewer service against the real estate served and the owner thereof, which shall be a lien on said real estate, and enforceable in the same manner as ad valorem taxes are enforced, (b) The provisions of this section shall be applicable to charges for any public utility service provided or furnished by said city, includ ing water, gas, heat and sewer service."
5. Delete from Section 24, paragraph (d), the words "electrical ap paratus" so that said Section 24, paragraph (d), when amended, will read as follows:
"(d) to regulate and prohibit the keeping of explosives and other dangerous substances in the fire limits and at other places in said city; to regulate or prohibit sale and shooting of fireworks and other explosives in said city; and, to regulate the erection and main tenance of steam boilers in said city."

The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to.

On the passage of the Bill, as amended, the ayes were 120, nays 0.

The Bill, having received the requisite constitutional majority, was passed, as amended.

WEDNESDAY, MARCH 1, 1961

1003

HR 213-642. By Mr. Andrews of Stephens:
A Resolution authorizing the State Librarian to furnish certain law books to the Judge of the Mountain Judicial Circuit; 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 Resolution, having received the requisite constitutional majority, was adopted.

HR 231-668. By Mr. Ross of Lincoln:
A Resolution authorizing the State Librarian to furnish certain law books to the Clerk of the Superior Court of Lincoln 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 120, nays 0.

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

SB 97. By Senator Ponsell of the 5th:
A Bill to place certain county officers of Ware County on a salary basis in lieu of a fee basis; and for other purposes.

The following substitute, offered by the Committee on Local Affairs, was read and adopted:
A BILL
To be entitled an Act to place the Sheriff of the City Court of Waycross and Superior Court of Ware County, the Clerk of the Superior Court of Ware County, the Ordinary of Ware County, the Tax Collector of Ware County, and the Tax Receiver of Ware County on a salary sys tem of compensation in lieu of the fee system of compensation; to fix the salaries of such officials; to provide a manner of payment of such salaries from county funds; to provide that all fees, fines, forfeitures and other monies, emoluments, and perquisites collectable by the officers affected by this Act shall be the property of the county, and that the county shall be subrogated to all rights, claims, and liens of said officers therefor; to provide that the officers affected by this Act shall diligently undertake the collection of said fees, fines, forfeitures and other monies, emoluments, and perquisites and to provide that the money so collected shall be held in trust for said county and periodically paid into the county treasury; to provide for periodic statements by said officers of the amount and source of said collections; to fix the number of personnel authorized to be employed by the officers affected by this Act and to

1004

JOURNAL OF THE HOUSE,

fix said personnel's salary; to provide for payment of said personnel's salaries and the furnishing of equipment and the payment of necessary operating expenses of the offices affected by this Act; to provide for the procurement of necessary bonds and the payment of the premiums or cost thereof; to provide an effective date; to require the Board of County Commissioners to establish a uniform system of bookkeeping and ac counting- for all offices affected by this Act; to provide for the severability of the provisions of this Act; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. The present mode of compensation accruing to the offices of the Sheriff of the City Court of Waycross and Superior Court of Ware County, the Clerk of the Superior Court of Ware County, the Ordinary of Ware County, the Tax Collector of Ware County and the Tax Receiver of Ware County, known as the fee system is hereby abolished and a sal ary system of compensation as hereinafter prescribed is substituted therefor.
Section 2. The Sheriff of the City Court of Waycross and the Su perior Court of Ware County (hereinafter in this Act referred to as the Sheriff) shall be paid a salary of eleven thousand five hundred ($11,500.00) dollars per annum.
Section 3. The Clerk of the Superior Court of Ware County shall be paid a salary of ten thousand five hundred ($10,500.00) dollars per annum.
Section 4. The Ordinary of Ware County shall be paid a salary of eight thousand ($8,000.00) dollars per annum.
Section 5. The Tax Collector of Ware County shall be paid the salary of eight thousand ($8,000.00) dollars per annum.
Section 6. The Tax Receiver of Ware County shall be paid a salary of seven thousand five hundred ($7,500.00) dollars per annum.
Section 7. Each of said salaries shall be paid in twelve (12) equal monthly installments and shall be full payment of all services rendered by said officers and said compensation shall be all-inclusive. Said sal aries shall be payable from any funds of said county available for such purpose. Said salaries shall be paid on the last day of each month.
Section 8. All fees, fines, forfeitures, commissions, costs, insolvent costs, allowances, penalties, funds, monies and all other emoluments and perquisites of whatever kind which shall be allowed said officers after the effective date of this Act, excepting said salaries accruing to each of said offices, but expressly including all emoluments and perquisites for services performed as officers of ex-officio officers of the City Court of Waycross or of any other court in said County, shall be and become the property of Ware County, Georgia, and said County is hereby subrogated to all rights, claims, and liens of said officers respectively therefor. After the effective date of this Act, when any order effecting the in solvent fund in any court of said County, or other judgment or finding, is entered or approved as to the distribution of said fund between the aforesaid officers, instead of the same being entered and approved in the name of each officer entitled thereto, as under the fee system, the same

WEDNESDAY, MARCH 1, 1961

1005

shall be entered and approved in the name of each respective officer for such portion of said monies as such officer is entitled to for the sole use and benefit of Ware County. The procedure now in force as to which officer shall collect the costs, fines, forfeitures, fees, emoluments or perquisites, and as to the distribution thereof, shall remain in force, but as herein provided all such monies shall be collected for the use of Ware County and shall be paid monthly into the county treasury of Ware County, as herein provided, by the officer by whom collected.
Section 9. After the approval date of this Act, said officers shall diligently and faithfully undertake to collect all fees, fines, forfeitures, commissions, costs, insolvent costs, allowances, penalties, funds, monies and all other emoluments and perquisites accruing to their respective offices (including all offices and ex-officio offices of all other courts in said County) and belonging to said County, and shall receive and hold the same in trust for said County as public monies and county funds, and shall pay in trust for said County as public monies and county funds, and shall pay the same into the treasury of said county on or before the 15th day of each month, next following the month in which same were collected or received. At the time of each such monthly payment into the county treasury, each of said officers (As officers and ex-officio officers of all courts of said county) shall furnish the said Board of Commission ers of Roads and Revenues of said County (or other county authority having jurisdiction over roads and revenues in said County) a detailed, itemized statement, under oath, of all such funds received during the preceding month by such officer and paid into the county treasury at such time. Said verified statement shall show the respective amounts of money collected and the source from which collected.
Section 10. The number of deputies, clerks, assistants, and other personnel that may be employed by the officers affected by this Act, the job classification of such deputies, clerks, assistants, and other per sonnel, and the salaries authorized to be paid such deputies, clerks, assistants, and other personnel in their job classification is herein ex pressly fixed as follows:
(a) Sheriff's Office
(1) One (1) chief deputy to be paid not less than three hun dred and fifty ($350) dollars nor more than four hundred ($400) dollars per month.
(2) Three (3) deputies to be paid not less than two hundred and fifty ($250) dollars nor more than three hundred and fifty ($350) dollars per month.
(3) Two (2) jailers to be paid not less than one hundred ($100) dollars nor more than one hundred and fifty ($150) dollars per month.
(4) One (1) clerk to be paid not less than two hundred ($200) dollars nor more than two hundred and seventy-five ($275) dollars per month.
(b) Clerk of the Superior Court
(1) One (1) deputy clerk to be paid not less than three hundred ($300) dollars nor more than three hundred and fifty ($350) dollars per month.

1006

JOURNAL OF THE HOUSE,

(2) Three (3) assistant clerks to be paid not less than one hun dred and seventy-five ($175) dollars nor more than two hundred and twenty-five ($225) dollars per month.
(c) Ordinary's Office
(1) One (1) deputy clerk to be paid not less than one hundred and fifty ($150) dollars nor more than two hundred and fifty ($250) dollars per month.
(d) Tax Collector's Office
(1) One (1) assistant tax collector to be paid not less than two hundred and seventy-five ($275) dollars nor more than three hun dred and twenty-five ($325) dollars per month.
(2) The tax collector is authorized to hire such personnel as from time to time may be necessary for the proper and efficient operation of said collector's office. Said collector shall have at his disposal a total of one thousand ($1000) dollars from which to pay all the salaries of such personnel as are actually hired and perform work in said collector's office. The county shall make available to said collector not more than two hundred and fifty ($250) dollars per month of said one thousand ($1000) dollars for the payment of the monthly wage of all such personnel so hired.
(e) Tax Receiver's Office
(1) The tax receiver is authorized to hire such personnel as may from time to time be necessary for the proper and efficient operation of said receiver's office. Said receiver shall have at his disposal a total of one thousand ($1000) dollars from which to pay all the salaries of such personnel as are actually hired and perform work in said receiver's office. The county shall make available to said receiver not more than two hundred ($200) dollars per month of said one thousand ($1000) dollars for the payment of the monthly wage of all such personnel so hired.
Provided, however, the number of personnel authorized to be employed in each office's job classifications shall be increased in accordance with the recommendations of two successive grand juries.
Section 11. The necessary operating expenses of each of said of fices, expressly including the compensation of all personnel and em ployees, regular, permanent, temporary or part time, of each said office, shall be expenses of said County and shall be payable from any funds of the County available for such purposes. All supplies, material, utilities, uniforms, vehicles and equipment, and the repair, replacement, mainte nance and operation thereof, as may be reasonably required in the sole discretion of the said Board of County Commissioners, or other County authority having charge of roads and revenues, by the said Clerk, Sher iff and Ordinary in any of their said offices shall be furnished by Ware County and shall be payable from any funds of the County available for such purposes. Provided, however, the county shall furnish at least three (3) motor vehicles, properly equipped for police duty, for the sheriff's office, and the county will furnish such additional motor vehicles, prop erly equipped for police duty, to the Sheriff's office as may be recom mended by two successive grand juries. The county shall also pay all actual necessary expenses incurred by the sheriff or members of his office, while said sheriff or member is absent from the county in the

WEDNESDAY, MARCH 1, 1961

1007

performance of any duty recognized by law as proper for a sheriff or member of his office to perform.
Section 12. The official bonds of each of said officers, and the respective deputies, clerks, assistants and other personnel, as may be required by law, shall be procured by each respective officer, and the premiums or cost, if any, of these official bonds shall be expenses of the courts of said County and shall be paid out of any county funds avail able for that purpose.
Section 13. The provisions of this Act shall become effective Janu ary 1, 1965. Any officer of Ware County affected by this Act may, prior to the effective date of this Act, upon thirty (30) days written notice delivered by registered mail to the Board of County Commissioners of Ware County, elect to have his method of compensation changed from the fee to the salary system provided for by this Act beginning as of the first day of the calendar month immediately subsequent to the ex piration of the thirty (30) day notice period. Any officer so electing shall not be entitled to any back salary.
Section 14. As the offices affected by this Act change from the fee system to salaried system of compensation, the Board of County Com missioners shall insure that a uniform system of bookkeeping and ac counting is established for all of said offices. The Board of County Com missioners is hereby expressly given all the powers necessary to effectu ate the responsibility placed upon it by this Section.
Section 15. If any provision of this Act shall be held to be uncon stitutional such provision alone shall be invalid, and the other parts of this Act shall be unaffected thereby and shall remain in full force and effect.
Section 16. 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 120, nays 0.

The Bill, having received the requisite constitutional majority, was passed, by substitute.
SB 111. By Senator Ray nor of the 4th: A Bill to change the compensation of the Mayor and Councilmen of the City of Polkston; and for other purposes.
The report 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 of the Senate were read the first time and referred to the committees:

1008

JOURNAL OF THE HOUSE,

SB 147. By Senator Sanders of the 18th:
A Bill to be entitled an Act to amend an Act creating the Peace Officers' Annuity and Benefit Fund, so as to change the provision relating to the sums remitted to the fund; and for other purposes.
Referred to the Committee on State of Republic.

SB 151. By Senators Lambert of the 28th and Gardner of the 47th:
A Bill to be entitled an Act to amend an Act entitled "An Act to provide for the holding of bar examinations in this State, to repeal all laws in conflict therewith, and for other purposes," as amended, to repeal con flicting laws; and for other purposes.
Referred to the Committee on Judiciary.

SB 153. By Senator Lambert of the 28th:
A Bill to be entitled an Act to amend Code Section 114-421, relating to the appointment of guardians for claimants by the Workmen's Compen sation Board, so as to provide for the appointment of guardians for in competent claimants; and for other purposes.
Referred to the Committee on Industrial Relations.

SB 156. By Senator Johnson of the 46th:
A Bill to be entitled an Act to amend an Act relating to motor vehicle licenses, as amended, so as to change the basis on which trucks, tractors, trailers, and semi-trailers, whether for hire or private, are taxed an nually; and for other purposes.
Referred to the Committee on Motor Vehicles.

SB 158. By Senator Knox of the 54th:
A Bill to be entitled an Act to amend an Act creating a Department of Public Safety, so as to provide that radio technicians of the Department of Public Safety though not members of the uniform battalion shall be compensated at a sum of $344.00 per month; and for other purposes.
Referred to the Committee on State of Republic.

The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in amending the same:

HB 245. By Messrs. Crawford, Dickey and Funk of Chatham:
A Bill amending an Act incorporating the Mayor and Aldermen of the City of Savannah; and for other purposes.

Mr. Funk of Chatham moved that the House insist on its position in disagree ing to the Senate amendment to HB 245 and that a Committee on Conference on the part of the House be appointed to confer with a like committee on the part of the Senate.

WEDNESDAY, MARCH 1, 1961

1009

The motion prevailed and the Speaker appointed as a Committee on Confer ence on HB 245 on the part of the House the following members:
Messrs. Arthur Funk of Chatham, G. L. Dickey of Chatham, and Ralph Crawford of Chatham.

Under the general 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:

HB 80. By Messrs. Twitty of Mitchell and Smith of Emanuel:
A Bill amending Code Section 24-3501, increasing the number of Judges of the Court of Appeals of Georgia from seven to nine; and for other purposes.

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

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

Those voting in the affirmative were Messrs.:

Abney Akins Andrews of Stephens Andrews of Hall Arnsdorff Barber Barnett of Wilkes Barrett Blalock Bowen of Randolph Bozeman Brackin Branch Brooks of Oglethorpe Brooks of Fulton Brown Budd Busbee Caldwell Carswell Chance Clark of Catoosa Cloer Cocke Collins Crowe Culpepper Dicus Dorminy Duncan of Fannin Duncan of Carroll

Fleming Flexer Floyd Fowler of Douglas Fuqua Greene Hale Hill Hodges Horton Hurst Jernigan Johnson Jones of Worth Jones of Sumter Keadle Kelly Kimmons Knight of Laurens Knight of Berrien Lane Mackay Matthews of Clarke McClelland McCracken McCutchen McDonald McGarity Melton Mixon Moate

Moorman Morris Mullis Murphy NeSmith Newton Otwell Pannell Paris Parker of Screven Farmer Phillips of Walton Poole Purcell Raulerson Ray Roberts Rodgers of Charlton Ross Rowland Sheffield Simpson Sinclair Smith of Brantley Smith of Fulton Steis Stuckey Summers Tabb Tamplin Taylor of Decatur

1010
Teague Thorn ton Twitty Undercofler Underwood of

JOURNAL OP THE HOUSE,

Montgomery Underwood of Taylor Vaughn Waldrop Wells of Camden

White Wickham Wilkes Mr. Speaker

Those voting in the negative were Messrs.:

Adams Birdsong Boyett Bynum Conner Cox Davis Dunn Fitzgerald Pordham Hall of Lee Harrell Henderson Howard Hull

Jones of Liberty Jones of Sumter Jordan Keyton Kidd Killian Killingsworth King Lanier Lee Lewis Matthews of Colquitt Milhollin Moore Morgan

Moss Parker of Ware Pelham Phillips of Columbia Phillips of Bibb Pickard Potts Simmons Smith of Habersham Story Tamplin Taylor of Bibb Wells of Oconee Williams of Coffee Williams of Hall

Those not voting were Messrs.:

Ballard Barnett of Baker Baughman Black
Bolton Bowen of Toombs Boyett Chandler Coker Crawford Deen Dickey Doster

Echols Flynt Fowler of Treutlen Punk Hall of Floyd Joiner Kirkland Massee Miller Odom Parker of Appling Payton Rogers of Paulding Roper

Shuman Singer Smith of Grady Smith of Whitfield Stevens Strickland Todd Tucker Walker of Lowndes Walker of Telfair Ware Watson Wells of Peach Wilson

On the passage of the Bill, the ayes were 110, nays 49.

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

By unanimous consent, the Bill was ordered immediately transmitted to the Senate.

HB 401. By Messrs. Milhollin of Coffee and Underwood of Montgomery:
A Bill providing for maintenance of certain streets and highways within the corporate limits of municipal corporations having populations of not more than 30,000 by the State Highway Department; and for other pur poses.

WEDNESDAY, MARCH 1, 1961

1011

The following Committee substitute was read and adopted:
A BILL
To be entitled an Act to provide that the construction and mainte nance of portions of the State-aid system of roads lying within the cor porate limits of municipalities shall be the responsibility of the State Highway Board; to provide that municipalities be relieved of any lia bility occasioned by defects in that portion of the State-aid system lying within the corporate limits of municipalities or resulting from failure or neglect on the part of the State Highway Board to properly maintain said portions of the State-aid system; to provide that municipal officials shall cooperate with the State Highway Board in securing rights of way for construction of State-aid roads within municipalities; to provide that the State Highway Board shall notify the highest elected official of each incorporated municipality of the streets, or parts of streets, within his respective municipality which are designated as a part of the Stateaid system of roads; to repeal an Act approved March 29, 1937 (Ga. Laws 1937, p. 1081) relating to construction and maintenance of streets, or parts of streets, lying within the corporate limits of municipalities and forming a continuation of, or link in, the State-aid system of roads; to repeal an Act approved March 21, 1958 (Ga. Laws 1958, p. 223) relat ing to allocations by the State Highway Department to the several municipalities of this State of a certain sum for the maintenance of municipal highways; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEOR GIA:
Section 1. It is the intention of this Act that the construction of State-aid roads within the corporate limits of municipalities and the maintenance of the riding surface, road bed, and shoulders (where they exist) of portions of the State-aid system of roads, .now or hereafter designated, which lie within the corporate limits of municipalities shall be the responsibility of the State Highway Board, to be constructed and maintained out of funds allocated for the construction and maintenance of State-aid roads in this State.
Section 2. The State Highway Board shall construct portions of the State-aid system of roads within the corporate limits of municipalities of this State whenever deemed necessary by said Board, and the govern ing officials of any municipality in which the construction of such por tion or portions is being planned shall cooperate with the State Highway Board in assisting them to secure rights of way.
Section 3. The State Highway Board shall maintain the riding sur face, road bed and shoulders (where they exist) of all streets and high ways, or parts thereof, lying within the corporate limits of municipali ties which are or shall become a part of the State-aid system of roads. The cost of said maintenance is to be paid out of the funds allocated annually to the State Highway Department. Provided, however, that the State Highway Board shall not be required to expend for the mainte nance of State-aid roads within the corporate limits of any municipality having a population of more than 33,000, according to the 1960 or any future census, in any year, a sum greater than the average cost per mile expended for maintenance of State-aid roads in municipalities having populations of 33,000 or less, according to the 1960 or any future census, in the same year.

1012

JOURNAL OF THE HOUSE,

Section 4. The municipalities of this State are hereby relieved of any and all liability resulting from, or occasioned by, defects in those portions of the State-aid system of roads lying within the corporate limits of municipalities or resulting from the failure of the State High way Board to maintain properly and in good repair any such portion, or portions, of the State-aid system of roads lying within the corporate limits of any municipality which it is said Board's responsibility to main tain under this Act.
Section 5. Upon designating any portion of streets or highways within the corporate limits of municipalities as part of the State-aid system of roads, the State Highway Board shall so notify the highest elective official of the municipality concerned.
Section 6. An Act approved March 29, 1937 (Ga. Laws 1937, p. 1081) relating to the construction and maintenance of streets, or parts of streets, lying within the corporate limits of municipalities and form ing a continuation of, or link in, the State-aid system of roads, is hereby repealed in its entirety.
Section 7. An Act approved March 21, 1958 (Ga. Laws 1958, p. 223) relating to allocations by the State Highway Department to the several municipalities of this State of a certain sum for the maintenance of municipal highways, is hereby repealed in its entirety.
Section 8. All laws and parts of laws in conflict herewith are hereby repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 147, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
By unanimous consent, the Bill was ordered immediately transmitted to the Senate.

HB 344. By Messrs. Bolton of Spalding, Brooks of Fulton and Howard of DeKalb:
A Bill providing that a married female eighteen years of age may exe cute notes, loan deeds, deeds to secure debt, for the purposes of borrow ing money on real estate in order to acquire a residence; and for other purposes.
The following Committee substitute was read and adopted:
A BILL
To be entitled an Act to provide that any person who shall have reached his or her eighteenth birthday and who is married, may execute notes, loan deeds, deeds to secure debt, for the purpose of securing loans on real estate; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. From and after the passage of this Act, any person who

WEDNESDAY, MARCH 1, 1961

1013

shall have reached his or her eighteenth birthday and who is married, may execute promissory notes, loan deeds, arid deeds to secure debt, for the purpose of securing loans on real estate, and the same shall be valid just as if such person had attained the age of twenty-one years.
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

The report of the Committee, which was favorable to the passage of the Bill, 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.:

Abney Akins Andrews of Stephens Arnsdorff Ballard Barber Barnett of Wilkes Barnett of Baker Birdsong Black Blalock Bolton Bowen of Toombs Boyett Bozeman Branch Brooks of Fulton Brown Busbee Chance Clarke of Monroe Cloer Coker Cox Crowe Davis Dickey Dollar Duncan of Fannin Duncan of Carroll Dunn Fitzgerald Flexer Fordham Fowler of Treutlen Greene Hale Henderson Hill Hodges

Horton Howard Hull Hurst Jernigan Johnson Joiner Jones of Liberty Jones of Lumpkin Jordan Keadle Kelly Keyton Killian Killingsworth King Kirkland Knight of Laurens Knight of Berrien Lane Lanier Lee Lewis Loggins Lokey Lowrey Mackay Matthews of Clarke Matthews of Colquitt McClelland McCutchen McDonald McGarity Melton Milhollin Mixon Moate Newton Odom Otwell

Pannell Paris Parker of Screven Parker of Appling Payton Phillips of Columbia Phillips of Walton Phillips of Bibb Poole Purcell Raulerson Ray Roberts Rodgers of Charlton Rogers of Paulding Roper Ross Scarborough Scoggin Shuman Simmons Simpson Sinclair Smith of Grady Smith of Brantley Smith of Fulton Smith of Habersham Smith of Whitfield Steis Stevens Story Striekland Stuckey Summers Tabb Tamplin Taylor of Dawson Taylor of Decatur Taylor of Bibb Teague

1014

JOURNAL OF THE HOUSE,

Tucker Underwood of
Montgomery Underwood of Taylor Vaughn

Waldrop Walker of Lowndes Ware Watson Wells of Oconee

Wilkes Williams of Coffee Wilson Woodward Young

Voting in the negative were Messrs. Bynum and Culpepper.

Those not voting were Messrs.:

Adams Andrews of Hall Barrett Baughman Boggs Bowen of Randolph Brackin Brooks of Oglethorpe Budd Caldwell Carswell Chandler Clark of Catoosa Cocke Collins Conner Crawford Deen Dicus Dorminy Doster Echols Fleming

Floyd Flynt Fowler of Douglas Funk Fuqua Hall of Lee Hall of Floyd Harrell Jones of Worth Jones of Sumter Kidd Kimmons Lovett Massee McCracken Miller Moore Moorman Morgan Morris Moss Mullis Murphy

NeSmith Parker of Ware Farmer Pelham Pickard Potts Rowland Rutland Sangster Sheffield Singer Thornton Todd Twitty Undercofler Walker of Telfair Wells of Peach Wells of Camden White Wickham Williams of Hall Willingham Mr. Speaker

On the passage of the Bill, by substitute, the ayes were 134, nays 2.

The Bill, having received the requisite constitutional majority, was passed, by substitute. By unanimous consent, the Bill was ordered immediately trans mitted to the Senate.

HR 25-39. By Mr. Phillips of Walton: A Resolution compensating J. C. Dillard; and for other purposes.

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

On the adoption of the Resolution, the ayes were 140, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
HR 24-39. By Mr. Phillips of Walton: A Resolution compensating John Broach; and for other purposes.

WEDNESDAY, MARCH 1, 1961

1015

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

On the adoption of the Resolution, the ayes were 140, nays 0.

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

HR 23-39. By Mr. Phillips of Walton: A Resolution compensating T. W. Smith; and for other purposes.

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

On the adoption of the Resolution, the ayes were 137, nays 0.

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

HB 607. By Mr. Fowler of Treutlen:
A Bill providing that where two or more persons now or in the future own lands and tenements as common owners, any one or more of such owners may compel a partition, which may upon a proper judgment of the Superior Court based upon an application therefor, bind all parties interested, whether in possession, reversion or remainder, and whether or not those entitled to take as remaindermen or reversioners are in ease; and for other purposes.

The following Committee substitute was read and adopted:
AN ACT
To provide that where an undivided interest in real estate has been or in the future may be granted or devised to a person for his or her lifetime with remainder or reversion to others, such life tenant may compel a partition, in pursuance of the partition laws of Georgia, which may upon a proper judgment of the Superior Court, based upon an application therefor, bind all parties interested whether in possession, reversion or remainder, and whether or not those entitled to take are in esse, with certain limitations; and to provide for service and notice to all parties interested; and to provide for the appointment of a guardian ad litem to act for and represent minors and unborn remaindermen or reversioners; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. In all cases where an undivided interest in real estate has been or in the future may be granted or devised to a person for his or her lifetime with remainder or reversion to others, such life tenant may compel a partition, in pursuance of the partition laws of Georgia, which may upon a proper judgment of the Superior Court, based upon an application therefor, bind all parties interested whether in possession, reversion or remainder, and whether or not those entitled to take are in

1016

JOURNAL OP THE HOUSE,

esse: Provided, the property is capable of fair and equitable partition and such fact is adjudicated by the court in such proceeding; and pro vided that in such case or proceeding no sale of the property may be made or had under such application for partition; and provided that the terms of said grant or devise shall otherwise remain in full force and effect.
Section 2. Under such partition proceeding the Court shall appoint a guardian ad litem to act for and represent all unborn remaindermen or reversioners, on such terms as may be ordered by the Court. In all such cases where interested minors are not represented by guardian, the Court shall appoint a guardian ad litem to act for and represent minors who are interested parties. Such guardians ad litem shall be served with notice of the application for partition. All other parties shall also be served with notice of the application for partition, after the application has been filed in the Superior Court. Such guardian ad litem and all other parties who have been served with said notice shall answer and plead to the application for partition within twenty days after service of said notice, Provided, however, that the Court may authorize the guardian ad litem to acknowledge service and waive the twenty days notice.
Section 3. The right of partition herein provided shall be cumu lative to existing laws.
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 119, nays 1.

The Bill, having received the requisite constitutional majority, was passed, by substitute.

By unanimous consent, the Bill was ordered immediately transmitted to the Senate.

The Speaker announced the House recessed until 1:40 o'clock this afternoon.

AFTERNOON SESSION
The Speaker called the House to order.
Under the general order of business established by the Committee on Rules, the following Bills and Resolution of the House and Senate were taken up for consideration and read the third time:
HB 166. By Mr. Blalock of Clayton and Rutland of DeKalb: A Bill making it a misdemeanor to impersonate an auditor, agent or other representative of the State Revenue Commission or the Depart ment of Revenue or any unit or division thereof; and for other purposes.

WEDNESDAY, MARCH 1, 1961

1017

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

On the passage of the Bill, the ayes were 119, nays 0.

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

HB 292. By Messrs. Twitty of Mitchell, Underwood of Montgomery and Ballard of Newton:
A Bill prescribing the procedure for the exercise of power of eminent domain; and for other purposes.

The following Committee substitute was read:
A BILL
To be entitled an Act to prescribe the procedure for the exercise of the power of eminent domain by the State of Georgia, or any division, department, or branch of the government of the State of Georgia, or any county of such State for State-aid public road purposes; to provide for condemnation in rem of private property to public uses, or of any ease ment or other interests in such property; to provide for a Declaration of Taking in any proceeding, for the condemnation of private property to a public use, brought under this Act vesting the title and right of possession to the property condemned in the State, or other authorized agency under the provisions of this Act; to provide that, at the time of such taking, and concurrently therewith, the State, or other condemning agency as may be authorized by this Act, shall deposit with the Clerk of the Superior Court of the county, in which the property condemned may be situated, the sum of money estimated by the State, or other condemn ing agency, to be just and adequate compensation for the property taken, together with just and adequate compensation for the consequential damage to the remaining property of the condemnee by reason of the taking and use of the property condemned for the purposes for which taken; to provide the method by which such sums to be so deposited shall be determined; to provide for an interlocutory hearing on the sufficiency of the amount deposited; to provide for an eventual con demnation money surety bond; to provide for a trial by jury, as to the sufficiency of the amount so deposited, and this issue only, and to pro vide that both the condemning agency and the condemnee shall be bound by the verdict of the jury, fixing such just and adequate compensation for the property taken, together with consequential damage to the prop erty not taken by reason of the taking and use of the property for the purposes set forth, but with the right of appeal as in other cases; to provide for the payment of interest upon the amount of the final verdict of the jury and judgment of the court; to define the terms used in this Act; to provide for service; to provide that the authority herein conferred and the right to take possession and title in advance of final judgment in condemnation proceedings, as herein provided for shall be in addition to any right, power, or authority conferred by any other statute of this State under which such proceedings may be conducted, and shall not be construed as abrogating, limiting, or modifying any such right, power, or authority, but the provisions of this law shall not be limited or re stricted by any provision of such other statutes or laws; to repeal con flicting laws; and for other purposes.

1018

JOURNAL OF THE HOUSE,

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1
Whenever the State of Georgia, or any division, department, or branch of the government of the State of Georgia, or any county of such State shall desire to take or damage private property for State-aid public road purposes in pursuance of any law so authorizing, and shall find or believe, concerning which the decision of the condemning author ity shall be final and conclusive, that the title of the apparent or pre sumptive owner of such property is defective, doubtful, incomplete or in controversy; or that there are or may be persons unknown or nonresi dent who have or may have some claim or demand thereon, or some actual or contingent interest or estate therein, or that there are minors or persons under disability who are or may be interested therein; or that there are taxes due or that should be paid thereon, or shall, for any reason, conclude that it is desirable to have a judicial ascertainment of any question connected with the matter; such State or county may, through any authorized representative, either in term time or vacation, file a proceeding in rem in the superior court of the county having juris diction, condemning the same to the use of the petitioner upon the pay ment of just and adequate compensation therefor to the person or per sons entitled to such payment.
SECTION 2
The petition shall set forth the facts showing the right to condemn; the property, or other interests therein, to be taken or damaged; the names and residences of the persons whose property or rights are to be taken or otherwise affected, so far as known; shall describe the persons or classes of persons unknown, whose rights therein are to be excluded or otherwise affected; shall set forth such other facts as are necessary for a full understanding of the cause and shall pray the judgment of the court in accordance with Section 7 herein. If any of the persons referred to, so far as may be known, are minors or under disability, the fact shall be stated.
SECTION 3
In any proceeding in any court of the State of Georgia instituted under the provisions of this Act for the acquisition of any land or ease ment or right of way in land for State-aid public road purposes, the petitioner shall file a declaration of taking signed by the authority em powered by law to acquire the lands described in the petition, declaring that said lands are thereby taken for the use of the condemnor. Said declaration of taking shall contain or have annexed thereto:
(1) A statement of the authority under which and the public use for which said lands are taken.
(2) A description of the lands taken sufficient for the identifi cation thereof.
(3) A statement of the estate or interest in said lands taken for said public use.
(4)) A plat showing the lands taken.
(5) A statement of the sum of money estimated by said acquir-

WEDNESDAY, MARCH 1, 1961

1019

ing authority to be just compensation for the land taken, accompa nied by a sworn copy as an exhibit of the appraiser's report justify ing said sum.
(6) A certified copy of a resolution by the State Highway Board of Georgia, finding that the circumstances are such that it is neces sary to proceed in the particular case under the provisions of this Act, and specifically authorizing condemnation under the provisions of this Act.
Upon the filing of said declaration of taking and of the deposit in the court, to the use of persons entitled thereto, of the amount of the estimated compensation stated in said declaration, title to the said lands in fee simple absolute, or such less estate or interest therein as is speci fied in said declaration, shall vest in the condemnor and said lands shall be deemed to be condemned and taken for the use of the condemnor, and the right to just compensation for the same shall vest in the persons entitled thereto; and said compensation shall be ascertained and awarded in said proceeding and established by judgment therein, and the said judgment shall include, as part of the just compensation awarded, inter est at the rate of 7 per centum per annum on the amount finally awarded as the value of the property as of the date of taking, from said date to the date of payment; but interest shall not be allowed on so much thereof as shall have been paid into the court. No sum so paid into the court shall be charged with commissions or poundage.
Upon the application of the parties in interest, and not earlier than fifteen days subsequent to the date of the last advertisement in the offi cial newspaper of the county, as provided for in subparagraph 7 of Sec tion 5 of this Act, the court shall order that the money deposited in the court be paid forthwith to the parties found to be entitled thereto for or on account of the just compensation to be awarded in said proceeding. If the compensation finally awarded in respect of said lands, or any parcel thereof, shall exceed the amount of the money so received by any person entitled, the court shall enter judgment against the condemnor for the amount of the deficiency.
Upon the filing of a declaration of taking, the court shall have power to fix the time, the same to be not later than sixty days from the date of the filing of the declaration of taking, as herein provided for, within which and the terms upon which the parties in possession shall be required to surrender possession to the petitioner. The court shall have power to make such orders in respect of encumbrances, liens, rents, taxes, assessments, insurance, and other charges, if any, as shall be just and equitable.
SECTION 4
No appeal in any cause under this Act nor any bond or undertaking given shall operate to prevent or delay the vesting of title to such lands in the condemnor.
SECTION 5
Upon the filing of the petition and declaration, the same shall be served in the following manner:
1. Where the owner or owners of such property or any person having a claim against or interest in the same, are residents of this

1020

JOURNAL OP THE HOUSE,

State, the petition and declaration shall be served upon such persons personally and, in cases where such persons are residents of this State but not of the county in which such property is located, such service shall be by second original, as in other cases;
2. If the owner, or any of the owners, or any person having a claim against or interest in said property, shall be a minor or under any disability whatsoever, such notice shall be served upon his or her personal representative; and, if such personal representative shall be a nonresident of this State, such service shall be made upon the Ordinary of the county in which the property is located, who shall appoint a guardian ad litem to represent such minors or per sons under disability in said litigation;
3. If there is no personal representative, such notice shall be served personally upon the minor, where such minor is a resident of this State, and, if such minor be not a resident of the county where the property is located, such service shall be by second original, as is provided by law in other cases, and upon the Ordinary of the county where such property is located, who shall appoint a guardian ad litem to represent such minor in said litigation;
4. If such Ordinary, by reason of interest or other cause, is disqualified, such notice shall be served upon the Clerk of the Su perior Court of the County, who shall appoint a guardian ad litem to represent the minor or person under disability;
5. If the property condemned is trust property or property in which remainders have been created, such notice shall be served upon the trustee, and also upon such persons as have an interest under the conveyance and who are of age; provided, however, that where any of the persons to be served are not residents of the county, such service shall be by second original, as in other cases; and, where any of such persons are not residents of the State, such service shall be made by enclosing a copy of the petition and decla ration in an envelope properly addressed to such person, and deposit ing in the United States Registered Mail, with return receipt re quested, and the certificate of the person causing such service shall be sufficient evidence of the same and shall become a part of the record in said matter;
6. A copy of said petition and declaration shall be served upon the tax collecting authority of any county or municipality in which such property may be located, who shall make known in writing the taxes due on the property, and the Court shall give such direction as will satisfy the same and discharge the lien thereon;
7. In all instances, and in addition to the service hereinbefore provided for, the condemnor shall, at the time of filing the petition and declaration of taking, cause a copy of such proceedings to be posted on the bulletin board at the Court House; and, in addition thereto, such advertisement shall be published in the official news paper of the county in which such property is located, which notice shall describe the property taken, so as to identify the same, and shall give the name or names of the owners of such property or persons having an interest in or claims against such property, so far as the same may be known, and such notice shall be published in

WEDNESDAY, MARCH 1, 1961

1021

said newspaper once each week for four weeks subsequent to the filing of such petition and declaration;
8. If the owner, or any of the owners, or any person having a claim against or interest in said property, shall be a nonresident of this State service upon such person or persons shall be deemed to have been perfected when the provisions of this Act, as set forth in subparagraphs 2, 3, 4, 5, 6, and 7, supra, have been complied with; and, provided, that in all instances, if the address of such nonresi dent be known, a copy of such petition and declaration shall be sent to such person by United States Registered Mail, with return receipt requested, and the certificate of the person causing such service shall be sufficient evidence of the same and shall become a part of the record in said matter.
Provided, however, that, this being a proceeding in rem, no provision as to service shall be so construed as to invalidate the intent of the condemnor, or as to delay the taking of the property described in the Dec laration of Taking and in the petition, nor, in any manner, to delay the progress of the work for which the taking was made; and a substantial compliance with the provisions for service, as heretofore set out, shall be deemed sufficient; and, provided further, that, at any stage of the cause before final verdict and judgment, the Judge of the Superior Court may order such additional service to be made, additional parties to be named, as may be required by equity and justice; but this shall not be so con strued as to invalidate the taking or delay the progress of the work.
SECTION 6
No provision contained in this Act in reference to any rule or order, or time for responding thereto, shall be held or construed to exclude any person, as by way of default, from making known his right or claims in the property or in the fund arising therefrom. Any such person claiming an interest or any rights therein may file appropriate pleadings or inter vention at any time before verdict and be fully heard thereon. If any person, at any time during the pendency of such proceeding, shall desire to come in and be heard on any claim to the fund or interest therein, he shall be allowed to do so. After the declaration of taking and the pay ment of the fund into the registry of the court, as provided for in Section 3 of this Act, the petitioner shall not be concerned with or affected by any subsequent proceedings, except as to the appeal and interlocutory petition herein provided for and, concerning which, the sole issue shall be as to the amount of just and adequate compensation.
SECTION 7
No judgment of any court, nor order or ruling of the judge thereof, shall be necessary to give effect to the declaration of taking provided for in Section 3 of this Act but the same shall be self-executing. If no appeal is filed, as hereinbefore provided for, the condemnor shall, at the next term of the superior court convening not earlier than fifteen days sub sequent to the date of the last advertisement in the official newspaper of the county, as provided for in subparagraph 7 of Section 5 of this Act, or at any time thereafter, pay all accrued court costs in said case to the Clerk of the Superior Court in which the same is pending; at which time, the Judge of the Superior Court shall enter up judgment in favor of the condemnee and against the condemnor for the sum of money deposited by the condemnor with the declaration of taking. If such sum

1022

JOURNAL OF THE HOUSE,

has been withdrawn from the court by such condemnee, as provided for in Section 3 of this Act, the Clerk of the Superior Court shall mark such judgment satisfied; and, if the condemnee has not withdrawn such sum, the said Clerk shall immediately apply the same to the payment of such judgment and either transmit the same to such condemnee or cause him to be notified that he holds the same subject to his demand.
Where there has been an appeal to a jury, and a verdict has been had, the court shall, in instances where no motion for new trial is filed or bill of exceptions taken, within the time provided for by law, or where such verdict has been affirmed by a proper appellate court and the remittur from such court has been made the judgment of the superior court, enter up judgment in favor of the condemnee and against the con demnor in the amount of such verdict, together with the accrued court costs, which judgment shall be immediately credited with the sum of money deposited by the condemnor with the declaration of taking, and which shall bear interest at the rate of 7 per centum per annum upon any increase from the amount so deposited; and, upon the failure or refusal of the condemnor to immediately deposit such increase in such sum into the registry of the court, as well as the accrued court costs, it shall be the duty of said Clerk to issue execution thereof.
In any event, the case shall be transferred, under the conditions heretofore set out, to the closed docket; nor shall anything herein pro vided for be construed as in any way affecting the title acquired by the condemnor by virtue of the declaration of taking provided for in Section 3 of this Act.
SECTION 8
All questions of law arising upon the pleadings or in any other way arising from the cause, subsequent to the filing of the declaration of taking and the deposit of the fund, and subsequent to the appeal, if any, may be passed on by the residing Judge, who may, from time to time, in term or vacation, make such orders and give such directions as are necessary to speed the cause, and as may be consistent with justice and due process of law; but no jury trial shall be had except in open court.
SECTION 9
If the owner or owners, or any person having a claim against or interest in said property, shall be dissatisfied with the amount of the estimated compensation stated in the declaration of taking and deposited in Court pursuant to Section 3 of this Act, such person or persons, or any of them, having filed in Court their notice of appeal as provided in Section 10 of this Act, may at any time before trial of the issue formed on such appeal and a jury verdict thereon, file in the case a petition for an interlocutory hearing on the issue whether the amount deposited in Court as just and adequate compensation is sufficient. Said petition shall be served as may be directed by the Court.
Such interlocutory petition shall be verified, and shall state the amount which is claimed by the petitioner to represent just and adequate compensation, together with the facts upon which the claim is based. Upon the presentation of the interlocutory petition to the Judge of the Court in which the case is pending, the case shall be referred to a Spe cial Master appointed under the provisions of Georgia Laws 1957, pp. 387, et seq. The Special Master shall determine from the declaration of taking and the sworn exhibit thereto, the verified interlocutory petition,

WEDNESDAY, MARCH 1, 1961

1023

and personal inspection of the property, whether the condemnor should be required to deposit any additional amount as estimated compensation, and shall within 10 days of the date of reference to him make an inter locutory award based upon such determination. Upon approval of such interlocutory award by the Court, and service of a copy upon the con demnor, as may be directed by the Court, the condemnor shall within 15 days pay into Court any additional amount required to be paid by the interlocutory award.
Upon the application of the party or parties in interest, at any time before a jury verdict on the apeal, the Court shall order that the addi tional money deposited in Court be paid forthwith to the parties found to be entitled thereto, provided, however, that any party or parties receiv ing any payment of any amount paid into Court pursuant to an interlocu tory award shall, before receiving such payment, file in the case a bond in double the amount of such payment conditioned for the repayment of any amount so received by such party which may be in excess of the amount awarded by the jury upon the trial of the appeal. Such bond shall be executed by a surety company authorized to do business in this State and, in the event the amount awarded by the jury on final trial of the appeal shall be less than the total amount paid into Court by the condemnor, judgment may be entered against the principal and surety on said bond for the amount by which the total amount paid into Court exceeds the amount awarded by the jury, such judgment not, however, to exceed the additional amount paid into Court under the interlocutory award.
The Special Master shall be compensated as provided in Georgia Laws 1957, pp. 387, et seq.
The interlocutory award provided for in this section shall not be subject to exceptions to any higher Court, and shall not be vacated or modified after 10 days.
SECTION 10
If the owner, or any of the owners, or any person having a claim against or interest in said property, shall be dissatisfied with the com pensation, as estimated in the declaration of taking and deposited in court, all as provided for in Section 3 of this Act, such person or persons, or any of them shall have the right, at any time subsequent to the de posit of the fund into court but not later than fifteen days following the date of the last advertisement of the cause in the official newspaper of the county, as provided for in subparagraph 7 of Section 5 of this Act, to file with the court a notice of appeal, the same to be in writing and made a part of the record in the proceedings. Upon the filing of such notice of appeal, it shall be the duty of the court at the next term thereof which shall convene not earlier than thirty days subsequent to the date of the last advertisement of such cause in such official newspaper, as provided for in subparagraph 7 of Section 5 of this Act, to cause an issue to be made and tried by a jury as to the value of the property taken or the amount of damage done, with the same right to move for a new trial and file a bill of exceptions as in other cases at law. When such an appeal has been filed, all subsequent proceedings thereon shall have the nature of a de novo investigation with the right of either party, under the rules of evidence as provided for in the general laws of this State, to introduce evidence concerning the fair market value of the property taken, together with the consequential damage to the remaining prop-

1024

JOURNAL OP THE HOUSE,

erty by reason of the taking and use of the property for the purposes for which taken, as well as the consequential benefits accruing to such remaining property by reason of such taking and use. In such event, the verdict of the jury shall have respect to the lands described in the decla ration of taking, as set forth in Section 3 of this Act, or such interest therein as may be described in said declaration, or to any separate claim against the property or interest therein, as may be ordered, and may be moulded under the direction of the court so as to do complete justice and avoid confusion of interests. The court shall give such direction as to the disposition of the fund as shall be proper, according to the rights of the several respondents, causing such proceedings to be filed and such issues made up as shall be appropriate for ascertaining and determination of such rights.
SECTION 11
All laws and parts of laws in conflict herewith are hereby repealed.

The following amendments were read and adopted:
Mr. Hale of Dade moves to amend the Committee substitute on HB 292 as follows:
By striking from the second sentence of Section 10 thereof, the words "or the amount of damage done" and inserting in lieu thereof the following words, "and the consequential damages to property not taken."
Mr. Hale of Dade moves to amend the Committee substitute on HB 292 as follows:
By striking Paragraph 5 of Section 3 thereof and substituting there for a new Paragraph 5 as follows:
"(5) A statement of the sum of money estimated by said acquiring authority to be just compensation for the land taken, including consequential damages to land not taken, accompanied by a sworn copy as an exhibit of the appraiser's report justifying said sum."

The Committee substitute, as amended was adopted.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, as amended.

On the passage of the Bill, by substitute, as amended, the roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Akins Andrews of Stephens Arnsdorff Ballard Barber Barnett of Wilkes

Barnett of Baker Baughmah Birdsong Black Bowen of Randolph Bowen of Toombs Blalock

Boyett Bozeman Brackin Branch Brooks of Oglethorpe Brooks of Fulton Brown

WEDNESDAY, MARCH 1, 1961

1025

Budd Busbee Bynum Caldwell Carswell Chance Clark of Catoosa Cloer Cocke Coker Collins Cox Crowe Culpepper Davis Dickey Dicus Dollar Dorminy Duncan of Fannin Dunn Echols Fitzgerald Fleming Flexer Flynt Fordham Fowler of Douglas Fowler of Treutlen Fuqua Greene Hale Hall of Lee Hall of Floyd Harrell Henderson Hodges Horton Hull Jernigan Johnson Joiner Jones of Liberty Jones of Worth Jones of Lumpkin

Jones of Sumter Keadle Keyton Kidd Killian Killingsworth
Kimmons Kirkland Knight of Laurens Knight of Berrien Lane Lee Lewis Lokey Lovett Lowrey Mackay Massee Matthews of Clarke Matthews of Colquitt McCutchen McDonald Milhollin Miller Mixon Moate Moorman Morgan Morris Moss NeSmith Odom Otwell Paris Parker of Screven Parker of Ware Farmer Payton Phillips of Walton Phillips of Bibb Poole Potts Purcell
Ray Rodgers of Charlton

Rogers of Paulding Rowland Scoggin Sheffield Shuman Simmons
Simpson Sinclair Smith of Grady Smith of Brantle. Smith of Habersham Smith of Whitfield Steis Story Stuckey Summers Tabb Tamplin Taylor of Dawson Taylor of Decatur Teague Thornton Todd Twitty Undercofler Underwood of
Montgomery Underwood of Taylor Vaughn Walker of Lowndes Walker of Telfair Ware Watson Wells of Peach Wells of Oconee Wells of Camden White Wilkes Williams of Coffee Williams of Hall Wilson
Woodward Young

Those voting in the negative were Messrs.: Andrews of Hal], Clarke of Monroe, Loggins and Murphy.

Those not voting were Messrs.:

Abney Barrett Boggs Bolton

Chandler Conner Crawford Deen

Doster Duncan of Carroll Floyd Funk

1026

JOURNAL OP THE HOUSE,

Hill Howard Hurst Jordan Kelly King Lanier McClelland McCracken McGarity Melton Moore

Mullis Newton Pannell Parker of Appling Pelham Phillips of Columbia Pickard Raulerson Roberts Roper Ross Rutland

Sangster Scarborough Singer Smith of Fulton Stevens Strickland Taylor of Bibb Tucker Waldrop Wickham Willingham Mr. Speaker

On the passage of the Bill, by substitute, as amended, the ayes were 153, nays 4.

The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

By unanimous consent, the Bill was ordered immediately transmitted to the Senate.

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

HB 90. By Messrs. Ray of Warren, Smith of Emanuel, Twitty of Mitchell and others:
A Bill to provide general appropriations for the operation of the State Government and other matters; and for other purposes.

HB 255. By Mr. Undercofler of Sumter:
A Bill amending Section 92-3105 of the Code of Georgia, specifying cor porations and organizations exempt from State income tax; and for other purposes.

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

On the passage of the Bill, the ayes were 115, nays 0.

The Bill, having received the reqirisite constitutional majority, was passed.

HB 230. By Mr. Willingham of Cobb:
A Bill repealing an Act creating the "Georgia Real Estate Investment Board"; and for other purposes.

WEDNESDAY, MARCH 1, 1961

1027

The following substitute, offered by Mr. Willingham of Cobb, was read and adopted:
A BILL
To be entitled an Act to amend an Act creating the "Georgia Real Estate Investment Board," approved March 23, 1960 (Ga. Laws 1960, p. 1154), so as to change the procedure relative to applications and ap provals of loans, commitments and investments; to remove the provi sions relating to the application fee; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1
An Act creating the "Georgia Real Estate Investment Board," ap proved March 23, 1960 (Ga. Laws 1960, p. 1154), is hereby amended by striking Paragraph (b) of Section 2 and inserting in lieu thereof a new Paragraph (b) to read as follows:
"(b) To approve, disapprove, or reject any and all applications for loans on real estate or commitments for loans on real estate or real estate investments to be made by any State Retirement System, State Annuity and Benefit Fund, or similar State system or fund created by the General Assembly of Georgia."
SECTION 2
Said Act is further amended by striking Section 3 in its entirety and inserting in lieu thereof a new Section 3 to read as follows:
"Section 3. Any person, firm or corporation desiring to obtain a loan commitment on real estate, or obtain a loan on real estate from a State Retirement System, State Annuity and Benefit Fund, or similar State system or fund created by the General Assembly of Georgia, shall make application to such system or fund."
SECTION 3
Said Act is further amended by striking Section 4 in its entirety and inserting in lieu thereof a new Section 4 to read as follows:
"Section 4. After an application for a loan commitment or a loan has been approved by any such system or fund it shall then be submitted to the Georgia Real Estate Investment Board for ap proval or disapproval. It shall be unlawful for any loan or loan commitment on real estate to be finally completed by such system or fund without obtaining approval from the Georgia Real Estate Investment Board."
SECTION 4
Said Art is further amended by striking Section 5 in its entirety and inserting in lieu thereof a new Section 5 to read as follows:
"Section 5. From and after the passage and approval of this Act, any commitment made for a real estate loan or any real estate loan by any such system or fund without obtaining the final ap-

1028

JOURNAL OF THE HOUSE,

proval of the Georgia Real Estate Investment Board, as provided hereinbefore shall be illegal, null and void."
SECTION 5
Said Act is further amended by striking Section 7, which reads as follows:
"Section 7. That prior to any commitment being executed for any loan on real estate, and prior to any loan being made on real estate, and prior to any investment being made in real estate by any State Retirement System, State Annuity and Benefit Fund, or similar State System or Fund created by the General Assembly of Georgia, the application for such commitment, loan or investment shall first be submitted to and be approved in writing by the Geor gia Real Estate Investment Board.", in its entirety.
SECTION 6
Said Act is further amended by striking Section 8 in its entirety and inserting in lieu thereof a new Section 8 to read as follows:
"Section 8. The Budget Bureau shall make available to the Georgia Real Estate Investment Board funds necessary to carry out the provisions of this Act."
SECTION 7
Said Act is further amended by striking Section 9, which reads as follows:
"Section 9. No State Retirement System or State Annuity and Benefit Fund, or similar State System or Fund created by the Gen eral Assembly of Georgia, shall be required to accept any applica tion for a commitment of a real estate loan, or a real estate invest ment which has been approved by the Georgia Real Estate Invest ment Board, Provided, however, if any such State Retirement Sys tem or State Annuity and Benefit Fund, or similar State System or Fund created by the General Assembly of Georgia, desires to make an investment in a real estate loan, or a real estate investment, such commitment, loan or investment shall be limited and restricted solely to those that have been first approved by the Georgia Real Estate Investment Board, Provided, however, no commitment existing at the passage of this Act shall be affected.",
in its entirety.
SECTION 8
All laws and parts of laws in conflict with this Act are hereby re pealed.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to, by substitute.
On the passage of the Bill, by substitute, the ayes were 103, nays 3.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

WEDNESDAY, MARCH 1, 1961

1029

HB 358. By Mr. Story of Gwinnett:
A Bill amending Code Section 13-9933, relating to the delivery of worth less checks; and for other purposes.

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.:

Akins Andrews of Stephens Andrews of Hall Arnsdorff Barber Barnett of Wilkes Barnett of Baker Baughman Birdsong Blalock Bowen of Toombs Budd
Busbee Bynum Chance Chandler Cocke Coker Collins Cox Crowe Davis Dickey Dollar Doster Echols Fleming Flexer Fordham

Fowler of Treutlen Funk
Fuqua Hall of Lee Hall of Floyd Horton Hull Hurst Johnson Jones of Lumpkin Kidd King Knight of Laurens Lee Lewis Lokey Lovett Mackay Matthews of Colquitt McCutchen Milhollin Miller Moore Morgan Morris Moss Mullis Otwell Parker of Screven

Those voting in the negative were Messrs.

Adams Black Bolton Brown Clarke of Monroe Culpepper Dunn Fitzgerald Harrell Henderson

Hodges Joiner Keadle Keyton Killingsworth Lane Massee McDonald Moorman NeSmith

Parker of Ware Parker of Appling Phillips of Walton Poole Potts Rodgers of Charlton Ross Sheffield Simpson Smith of Brantley Smith of Fulton Steis Story Strickland Stuckey Taylor of Decatur Teague Underwood of
Montgomery Waldrop Walker of Lowndes Watson Wilkes Williams of Coffee Willingham Wilson Young
Odom Paris Phillips of Bibb Rowland Sangster Scarborough Simmons Sinclair Smith of Grady Smith of Habersham

1030

JOURNAL OF THE HOUSE,

Summers Tabb Taylor of Bibb

Thorn ton Underwood of Taylor Walker of Telfair

Ware Wells of Peach Woodward

Those not voting were Messrs.:

Abney Ballard Barrett Boggs Bowen of Randolph Boyett Bozeman Brackin Branch Brooks of Oglethorpe Brooks of Fulton Caldwell Carswell Clark of Catoosa Cloer Conner Crawford Deen Dicus Dorminy Duncan of Carroll Floyd Flynt Fowler of Douglas
Greene Hale Hill

Howard Jernigan Jones of Liberty Jones of Worth Jones of Sumter Jordan Kelly Killian Kimmons Kirkland Knight of Berrien Lanier Loggins Matthews of Clarke McClelland McCracken McGarity Melton Mixon Moate Murphy Newton Pannell Farmer Payton Pelham Phillips of Columbia

Pickard Purcell Raulerson Ray Roberts Rogers of Paulding
Roper Rutland Scoggin Shuman Singer Smith of Whitfield Stevens Tamplin Taylor of Dawson
Todd Tucker Twitty Undercofler Vaughn Wells of Oconee Wells of Camden White Wickham Williams of Hall Mr. Speaker

On the passage of the Bill, the ayes were 85, nays 39.

The Bill, having failed to receive the requisite constitutional majority, was lost.

Mr. Story of Gwinnett served notice that at the proper time he would ask that the House reconsider its action in failing to give HB 358 the requisite constitu
tional majority.

HB 544. By Mr. Crawford of Chatham:
A Bill amending Code Chapter 87-3, relating to the validation of bonds by county, municipal, or other political subdivisions; and for other pur poses.
The following amendment was read and adopted:
Mr. Dickey of Chatham moves to amend HB 544 as follows:
By striking in its entirety Code Section 87-302 as proposed by Sec tion 2 of said Bill and substituting in lieu thereof a new Code Section 87-302 to read as follows:

WEDNESDAY, MARCH 1, 1961

1031

"87-302. Duty of Attorney General or solicitor general to file petition; order of court, answer.--Within 20 days from the date of the service of the required notice upon the solicitor general, or the Attorney General, as the case may be, of the fact that an election was held or a resolution passed and that the election or resolution was in favor of the issuance of the bonds, the solicitor general or the Attorney General, as the case may be, shall prepare and file in the office of the clerk of the superior court of the county in which the election was held or resolution passed, a petition, directed to the superior court of said county, in the name of the State, and against the county, municipality or division desiring to issue bonds under said election or a resolution, setting forth the service of said notice, the name of the county, municipality or division seeking to issue said bonds, the principal amount of the bonds to be issued, the pur pose for whch the same are issued, the interest rate or rates which such bonds are to bear and the amount of principal to be paid in each year during the life of the bonds, and that said election or resolution is prima facie in favor of the issuance of said bonds: Provided, however, said petition, in lieu of specifying the rate or rates of interest which said bonds are to bear, may set forth the wording which was used with respect to interest in the notice which was published calling the election to authorize the issuance of the bonds; and shall obtain from the judge of said court an order re quiring the county, municipality or division by its proper officers to appear at such time and place, either in term or at chambers, within 20 days from the filing of the petition, as the judge of the court may direct, and to show cause, if any exist, why the bonds should not be confirmed and validated. Such petition and order shall be served in the manner provided by law for the service of petitions upon counties, municipalities or divisions; and to such petition the officers of such county, municipality or division shall make sworn answers at or before the date set in said order for said hearing."

The report of the 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.:

Akins Andrews of Hall Arnsdorff Barber Barnett of Wilkes Barnett of Baker Barrett Baughman Birdsong Black Blalock Bolton Bowen of Toombs Boyett

Bozeman Brackin Branch Brown Budd Carswell Chance Clark of Catoosa Clai-ke of Monroe Cocke Coker Collins Cox Crowe

Culpepper Davis Deen Dickey Dorminy Duncan of Fannin Duncan of Carroll Echols Fitzgerald Fleming Flexer Floyd Flynt Fowler of Treutlen

1032

JOURNAL OF THE HOUSE,

Funk Greene Hale Hall of Lee Hall of Floyd Harrell Hill Hodges Horton Hull
Hurst Jernigan Johnson Jones of Lumpkin Jordan Keadle Keyton Killian Killingsworth King Kirkland Knight of Laurens Lane Lee Lewis Loggins Lokey Lowrey Mackay Massee Matthews' of Clarke

Matthews of Colquitt McClelland McCutchen McDonald McGarity Milhollin Mixon Moorman Morgan Moss Mullis Murphy NeSmith Newton Otwell Paris Parker of Screven Parker of Ware Parker of Appling Farmer Payton Phillips of Walton Poole Potts Purcell Roberts Rodgers of Charlton Ross Rowland Scarborough Sheffield

Simmons Simpson Sinclair Smith of Fulton Smith of Whitfield
Steis Story Strickland Stuckey Summers
Tabb Teague Thornton Todd Tucker Underwood of
Montgomery Underwood of Taylor Waldrop Walker of Lowndes Walker of Telfair
Ware Wells of Peach Wells of Oconee Wells of Camden
White Wilkes Williams of Coffee
Wilson Woodward
Young

Those voting in the negative were Messrs. Dollar and Dunn.

Those not voting were Messrs.:

Abney Adams Andrews of Stephens Ballard Boggs Bowen of Randolph Brooks of Oglethorpe Brooks of Fulton Busbee Bynum Caldwell Chandler Cloer Conner Crawford Dicus Doster Fordham Fowler of Douglas

Fuqua Henderson Howard Jones of Liberty Jones of Worth Jones of Sumter Kelly Kidd Kimmons Knight of Berrien
Lanier Lovett McCracken Melton Miller
Moate Moore Morris Odom

Pannell Pelham Phillips of Columbia Phillips of Bibb Pickard Raulerson Ray Rogers of Paulding
Roper Rutland Sangster Scoggin Shuman Singer Smith of Grady Smith of Brantley Smith of Habersham
Stevens Tamplin

WEDNESDAY, MARCH 1, 1961

1033

Taylor of Dawson Taylor of Decatur Taylor of Bibb Twitty

Undercofler Vaughn Watson Wickham

Williams of Hall Willingham Mr. Speaker

On the passage of the Bill, as amended, the ayes were 1135, nays 2.

The Bill, having received the requisite constitutional majority, was passed, as amended.

HB 432. By Mr. McClelland of Pulton:
A Bill amending an Act prohibiting false wholesale advertising and mis representing the true nature of business; and for other purposes.

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

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

Those voting in the affirmative were Messrs.:

Akins Andrews of Hall Arnsdorff Barber Barnett of Baker Baughman Black Blalock Bolton Bowen of Toombs Boyett Bozeman
Brooks of Fulton Budd Busbee Carswell Chance Clark of Catoosa Clarke of Monroe Cocke Conner Crowe Culpepper Been Dickey Dollar Dorminy Duncan of Fannin Duncan of Carroll Dunn Echols Fleming

Floyd Flynt Fordham Fowler of Treutlen Funk Fuqua Greene Hale Harrell Hill Hodges Hull Hurst Jernigan Johnson Joiner Jones of Liberty Jones of Lumpkin Keadle Keyton Killingsworth King Kirkland Knight of Laurens Lee Lewis Lokey Lowrey Mackay Massee Matthews of Colquitt McClelland

McCutchen Milhollin Mixon Moorman Morgan Morris Moss Mullis NeSmith Newton Odom Otwell Paris Parker of Screven Parker of Ware Parker of Appling Payton Phillips of Columbia Phillips of Walton Poole Potts Roberts Rodgers of Charlton Roper Rowland Scarborough Sheffield Shuman Simmons Simpson Sinclair Smith of Grady

1034

JOURNAL OF THE HOUSE,

Smith of Pulton Steis Story Strickland Taylor of Decatur Taylor of Bibb Teague Thornton

Todd Undercofler Vaughn Waldrop Walker of Lowndes Walker of Telfair Wells of Oconee Wells of Camden

White Williams of Coffee Williams of Hall Willingham Wilson Woolward Young

Those voting in the negative were Messrs. Barnett of Wilkes and Brown.

Those not voting were Messrs.:

Abney Adams Andrews of Stephens Ballard Barrett Birdsong Boggs Bowen of Randolph Brackin Branch Brooks of Oglethorpe Bynum Caldwell Chandler Cloer Coker Collins Cox Crawford Da vis Dicus Doster Fitzgerald Fowler of Douglas Hall of Lee Hall of Floyd Henderson Horton

Howard Jones of Worth Jones of Sumter Jordan Kelly Kidd Killian Kimmons Knight of Berrien Lane Lanier Loggins Lovett Matthews of Clarke McCracken McDonald McGarity Melton Miller Moate Moore
Murphy Pannell Farmer Pelham Phillips of Bibb Pickard Purcell

Raulerson Ray Rogers of Paulding Ross Rutland Sangster Scoggin Singer Smith of Brantley Smith of Habersham Smith of Whitfield Stevens Stuckey Summers Tabb Tamplin Taylor of Dawson Tucker Twitty Underwood of
Montgomery Underwood of Taylor
Ware Watson Wells of Peach Wickham Wilkes Mr. Speaker

On the passage of the Bill, the ayes were 118, nays 2.

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

By unanimous consent, the Bill was ordered immediately transmitted to the Senate.

HR 191-599. By Mr. Jernigan of Clinch:
A Resolution compensating the Slash Pine Electric Membership Corpo ration; and for other purposes.

WEDNESDAY, MARCH 1, 1961

1035

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

On the adoption of the Resolution, the ayes were 131, nays 0.

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

HB 601. By Mr. Budd of Lowndes:
A Bill providing that no advertising agency or media shall charge any rate for their services in excess of those charges in effect for similar subscribers of such services for any political advertisement or program; and for other purposes.

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 Barnett of Wilkes Barnett of Baker Birdsong Budd Busbee Chance Chandler Clarke of Monroe Co eke Collins Conner Culpepper Davis Been Dickey Duncan of Fannin Duncan of Carroll Echols Flexer Flynt Funk Fuqua Harrell

Hodges Horton Hull Hurst Jernigan Johnson Joiner Jones of Lumpkin Jordan Keadle Keyton Kidd Killian King Kirkland Knight of Laurens Knight of Berrien
Lewis Matthews of Colquitt Moorman Morgan Morris Moss NeSmith

Odom Otwell Paris Parker of Screven Farmer Phillips of Walton Poole Purcell Eodgers of Charlton Scarborough Simpson Steis Taylor of Bibb Teague Todd Twitty Vaughn Waldrop Walker of Lowndes Walker of Telfair Wells of Peach White Wilson Woodward

Those voting in the negative were Messrs.:

Andrews of Hall Baughman Bolton Brown Carswell

Coker Crowe Dollar Dunn Fitzgerald

Fordham Hale Lane Lee Loggins

1036

JOURNAL OF THE HOUSE,

Lowrey McCutchen McDonald Milhollin Muilis
Murphy Parker of Appling Payton

Rowland Sangster Sheffield Simmons Sinclair Smith of Grady Smith of Habersham Story

Strickland Summers Tabb Wells of Oconee Williams of Coffee Young

Those not voting were Messrs.:

Abney Adams Akins Andrews of Stephens Arnsdorff Ballard Barrett Black Blalock Boggs Bowen of Randolph Bowen of Toombs Boyett Bozeman Brackin Branch Brooks of Oglethorpe Brooks of Fulton Bynum Caldwell Clark of Catoosa Cloer Cox Crawford Dicus Dorminy Doster Fleming Floyd Fowler of Douglas Fowler of Treutlen
Greene Hall of Lee

Hall of Floyd Henderson Hill Howard Jones of Liberty Jones of Worth Jones of Sumter Kelly Killingsworth Kimmons Lanier Lokey Lovett Mackay Massee Matthews of Clarke McClelland McCracken McGarity Melton Miller Mixon Moate Moore Newton Pannell Parker of Ware Pelham Phillips of Columbia Phillips of Bibb Pickard Potts Raulerson

Ray Roberts Rogers of Paulding Roper Eoss Rutland Scoggin Shuman Singer Smith of Brantley Smith of Fulton Smith of Whitfield Stevens Stuckey Tamplin Taylor of Dawson Taylor of Decatur Thornton Tucker Undercofler Underwood of
Montgomery Underwood of Taylor Ware Watson Wells of Camden Wiekham Wilkes Williams of Hall Willingham Mr. Speaker

On the passage of the Bill, the ayes were 72, nays 37.

The Bill, having failed to receive the requisite constitutional majority, was lost.
Mr. Budd of Lowndes served notice that at the proper time he would ask the House reconsider its action in failing to give HB 601 the requisite constitutional majority.

HR 145. By Messrs. Twitty of Mitchell and Smith of Emanuel: A Resolution providing for a commission to study the advisability of

WEDNESDAY, MARCH 1, 1961

1037

reapportioning representation in the General Assembly of Georgia among the counties of this State and to file a report of its findings and recom mendations with the next session of the General Assembly 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 arid the vote was as follows:

Those voting in the affirmative were Messrs.:

Akins Andrews of Hall Arnsdorff Barber Barnett of Wilkes Barnett of Baker Barrett Baughman Birdsong Black Blalock Bolton Bowen of Toombs Bozeman Brooks of Pulton Brown Budd Busbee Bynum Caldwell Chance Clarke of Monroe Cocke Coker Collins Cox Culpepper Davis Deen Dickey Dorminy Duncan of Fannin Fitzgerald Fleming Flexer Fordham Fowler of Douglas Fowler of Treutlen Funk Fuqua

Hale Hall of Lee Hall of Floyd Harrell Henderson Hodges Hull Hurst Johnson Joiner Jones of Liberty Jordan Keyton King Kirkland
Lee Lewis Loggins Lokey Lovett Lowrey Mackay Massee Matthews of Clarke McClelland McCracken McCutchen Milhollin Miller Mixon Moorman Morgan Morris Moss Murphy NeSmith Newton Odom Otwell Parker of Screven

Parker of Appling Farmer Payton Phillips of Walton Phillips of Bibb Poole Potts Raulerson Ray Rodgers of Charlton Rowland Scoggin Sheffield Shuman Simmons Simpson Sinclair Smith of Grady Smith of Fulton Steis Story Stuckey Tabb Taylor of Bibb Teague Thorn ton Todd Twitty Waldrop Walker of Lowndes Ware Wells of Camden White Wilkes Williams of Coffee Willingham Wilson Young

1038

JOURNAL OF THE HOUSE,

Those voting in the negative were Messrs.:

Dollar Matthews of Colquitt

Paris Summers

Taylor of Decatur

Those not voting were Messrs.:

Abney Adams Andrews of Stephens Ballard
Bowen of Randolph Boyett Brackin Branch Brooks of Oglethorpe Carswell Chandler Clark of Catoosa Cloer Conner Crawford Crowe Dicus Doster Duncan of Carroll Dunn Echols Floyd Flynt Greene Hill Horton Howard

Jernigan Jones of Worth Jones of Lumpkin Jones of Sumter Keadle Kelly Kidd Killian Killingsworth Kimmons Knight of Laurens Knight of Berrien Lane Lanier McDonald McGarity Melton Moate Moore Mullis Pannell Parker of Screven Pelham Phillips of Columbia Pickard Purcell Roberts Rogers of Paulding

Roper Ross Rutland Sangster Scarborough
Singer Smith of Brantley Smith of Habersham Smith of Whitfield Stevens Strickland Tamplin Taylor of Dawson Tucker Undercofler Underwood of
Montgomery Underwood of Taylor Vaughn Walker of Telfair Watson Wells of Peach Wells of Oconee Wickham Williams of Hall Woodward Mr. Speaker

On the adoption of the Resolution, the ayes were 118, nays 5.

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

HB 250. By Messrs. Scoggin of Floyd, Kidd of Baldwin and others:
A Bill safeguarding the public health and promoting the public welfare by requiring a permit to operate a pharmacy, etc.; and for other purposes.

Mr. Willingham of Cobb moves that the House postpone further consideration of HB 250 until Thursday, March 2, 1961, and the motion prevailed.

Further consideration of HB 250 was postponed until Thursday, March 2, 1961.

The following Bill of the House was taken up for the purpose of considering the report of the Committee on Conference thereon:

WEDNESDAY, MARCH 1, 1961

1039

HB 245. By Messrs. Crawford, Dickey and Funk of Chatham:
A Bill amending an Act incorporating the Mayor and Aldermen of the City of Savannah; and for other purposes.

The following Committee on Conference report was read:
Mr. President and Mr. Speaker, your Committee on Conference on HB 245 has met and agreed upon a substitute for the Senate Amendment to HB 245 and recommends its adoption as follows:
By striking all of the Senate amendment and inserting in lieu there of the following amendment:
By striking Section 1 of said Bill in its entirety and inserting in lieu thereof a new section to be known as Section 1 and to read as follows:
Section 1. That from and after the passage of this Act and in conformity with the results of a referendum election hereinafter called the city limits of the City of Savannah known as the "Mayor and Aldermen of the City of Savannah" shall, in addition to all the territory, land and improvements included in the corporate limits of the City of Savannah as of December 31, 1959, shall be extended to include the territory, land and improvements bounded on the North, East and West by the corporate limits of the City of Savan nah as they existed December 31, 1959 and including all the territory, land, and improvements located within the following described boundaries:
"Beginning at a point on the present city limits line which point is the intersection of the west right-of-way line of Skidaway Road with the projection of the south right-of-way line of the Thun derbolt Shell Road; thence in an easterly direction along said south right-of-way line of Thunderbolt Shell Road to its intersection with the west right-of-way of Placentia Canal; thence southerly along said west line of Placentia Canal to its intersection with the west right-of-way line of LaRoche Avenue; thence in a south easterly direction along said west right-of-way line of LaRoche Avenue to its intersection with the west right-of-way line Jasmine Avenue; thence south westerly along said west line of Jasmine Avenue to its inter section with the south right-of-way line of Bonna Bella Avenue; thence in a southerly direction along the west right-of-way line of the Old Thunderbolt-Sandfly Railway known as Howard Foss Drive to its intersection with the projection of the North right-of-way line of Intermediate Road; thence in a westerly direction along said pro jection and the north right-of-way line of Intermediate Road to its intersection with the west right-of-way line of Skidaway Road; thence continuing along the north right-of-way line of Intermediate Road to its intersection with the east right-of-way line of Waters Road; thence in a northerly direction along said east right-of-way line of Waters Road to its intersection with a projection of the North right-of-way line of Stephenson Avenue; thence in a westerly direction along said projection and the north right-of-way line of Stephenson Avenue to its intersection with the east right-of-way line of White Bluff Road; thence continuing in a westerly direction along a projection of the north right-of-way of Stephenson Avenue to its intersection with the east right-of-way line of Atlantic Coast Line Railroad; thence in a north easterly direction along said east right-

1040

JOURNAL OF THE HOUSE,

of-way of Atlantic Coast Line Railroad to its intersection with the present city limits."
The above described area shall be known as Zone 1.
The following described area shall be known as Zone 2:
"Beginning at the intersection of the west right-of-way line of Howard Foss Drive with the projection of the north right-of-way line of Intermediate Road; thence southwardly along said west rightof-way line of Howard Foss Drive to its intersection with the pro jection of the north right-of-way line of Montgomery Cross Road; thence westwardly along said projection and north right-of-way line of Montgomery Cross Road to its intersection with the west rightof-way line of the White Bluff Road; thence westwardly along the north right-of-way of the Buckhalter Road and the projection of said north right-of-way line to its intersection with the east rightof-way line of the Atlantic Coast Line Railroad; thence north eastwardly along said east right-of-way line to its intersection with the projection of the north right-of- way line of Stevenson Avenue."
By amending Section II thereof by adding to the end of Section II the following:
"Provided, however, that any person, firm or corporation who subsequently assumed the cost of installation in whole or in part shall be entitled to issuance of tax credits pro rata, said tax credits may be used by the holder thereof in payment of real or personal property taxes due the City of Savannah."
By amending Section V by striking the same in its entirety and inserting in lieu thereof the following to be known as Section V:
Section V. No real or personal property located within either Zone 1 or Zone 2 shall be subject to taxation by the Mayor and Aldermen of the City of Savannah except on the following basis. When sewage service has been furnished to a property owner, said property owner may be taxed to the extent of 33%% of the normal tax. When garbage disposal has been furnished at least three times a week without charge, an additional 33%% may be collected, and when the combination of the three services consisting of fire protec tion, police protection, and street lighting have been furnished, the remaining 33%% of the normal tax may be collected.
By amending said Bill by striking in their entirety, Section VI, Sec tion VIII, and Section IX of said Bill.
By amending Section XI by striking said Section in its entirety and inserting in lieu thereof a new Section to be known as Section XI:
Section XI. A referendum election shall be held on the 10th day of May, 1961 and it shall be the duty of the Ordinary of Chat ham County to issue the call for said election by publishing in the newspaper in which the Sheriff's advertisements are carried a notice to the public giving the date and purpose of said election once a week for two weeks prior to the date of said election for the purpose of submitting this Act to the voters within the present cor porate limits of the City of Savannah and to the voters within the proposed annexed areas composed of Zone 1 and Zone 2 hereinbefore described for the purpose of submitting this Act for their approval

WEDNESDAY, MARCH 1, 1961

1041

or rejection. Said election shall be held at the expense of the Mayor and Aldermen of the City of Savannah. The ballot and/or voting machine used in said election shall be written or printed thereon the words
"For Annexation"
and
shall also display the words written or printed
"Against Annexation."
All voters desiring to vote in favor of this Act shall vote "for annex ation" and those voters desiring to vote rejection of this Act shall vote "against annexation." The persons qualified to vote in said election shall be those persons residing within the corporate limits of Savannah and within Zones 1 and 2 who are qualified to vote for members of the General Assembly. A separate tabulation and con solidation of the votes cast in the incorporated area of Savannah and in Zones 1 and 2 proposed to be annexed shall be made. If a majority of the qualified voters voting in said election in the cor porate limits of Savannah and if a majority of the qualified voters voting in said election in Zone 1 shall vote in favor of annexation, Zone 1 shall be annexed. In the event a majority of the qualified voters voting in said election in either the corporate limits of the city of Savannah or in Zone 1 vote against annexation, Zone 1 shall not be annexed and this Act shall be void and of no force and effect. In the event a majority of the qualified voters who vote in said election in Zone 2 vote in favor of annexation, said vote shall have no force or effect unless Zone 1 has voted to become annexed as set forth above. Zone 2 shall not become a part of the city limits of Savannah unless Zone 1 becomes a part of the city limits of Savannah. In the event a majority of the qualified voters in Zone 2 voting in said election vote against annexation, Zone 2 shall not become a part of the city limits notwithstanding an affirmative vote in Zone 1 and in the corporate limits of Savannah.
On the part of the House:
Arthur Funk of Chatham G. L. Dickey Ralph Crawford
On the part of the Senate:
Spence M. Grayson of 1st E. R. Lambert of 28th Wm. M. Towson of 16th
Mr. Funk of Chatham moved that the House adopt the report of the Com mittee on Conference.

On the motion, the ayes were 103, nays 0.
The Conference Committee report on HB 245 was adopted.
By unanimous consent, the House reconsidered its action in agreeing to the Senate amendment to the following Bill of the House:

1042

JOURNAL OF THE HOUSE,

HB 115. By Messrs. Crawford, Dickey and Punk of Chatham:
A Bill amending an Act establishing a metropolitan planning district for Chatham County; and for other purposes.

The following Bill of the House was again taken up for the purpose of con sidering the Senate amendment thereto:

HB 115. By Messrs. Crawford, Dickey and Funk of Chatham:
A Bill amending an Act establishing a metropolitan planning district for Chatham County; and for other purposes.

The following Senate amendment was read:
Grayson of the 1st District moves to amend HB 115 by striking the last sentence of Section I which reads as follows:
"Provided, however, that none of the above members shall suc ceed themselves in office"
and by inserting in lieu thereof the following language:
"No member shall serve more than two (2) terms of three (3) years each and in no event shall any member serve more than a total of six (6) years."
And amends Section 2 of the said Bill by striking the last sentence in section II thereof which reads as follows:
"Provided, however, that none of the above members shall suc ceed themselves in office"
and inserting in lieu thereof the following language:
"No member shall serve more than two (2) terms of three (3) years each and in no event shall any member serve more than a total of six (6) years."

The following amendment to the Senate amendment was read and adopted:
Funk of Chatham moves to amend HB 115 as follows:
By striking from the title the words "so as to provide that the mem bers of said commission shall not succeed themselves in office," and inserting in lieu thereof the words "so as to provide for limitations on service."
By striking the words "Provided, however, that none of the above members shall succeed themselves in office.", as they appear in two places in Section 1 and in two places in Section 2, and inserting in lieu thereof the words "No member shall serve more than two (2) terms of three (3) years each and in no event shall any member serve more than a total of six (6) years."

Mr. Funk of Chatham moved that the House agree to the Senate amendment as amended, by the House.

On the motion, the ayes were 103, nays 0.

WEDNESDAY, MARCH 1, 1961

1043

The Senate amendment, as amended, by the House, was agreed to.

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

SB 159. By Senator Harden of the 27th:
A Bill to provide that the governing authority of Jackson County shall furnish certain necessary expenses for operating the Sheriff's office; to repeal conflicting laws; and for other purposes.

SB 157. By Senator Mitchell of the 43rd:
A Bill to amend Sec. 21-105 of the Code of Georgia, relating to fees paid to coroners, so as to change the salary of coroners in certain counties from $600.00 to $1200.00 per year; to repeal conflicting laws; and for other purposes.

SB 160. By Senator Brown of the 52nd:
A Bill to amend an Act approved August 20, 1927 (Ga. L. 1927, pp. 265 et seq.) providing certain cities shall furnish pensions to officers and employees of such cities; to provide additional period of time within which application may be made; and for other purposes.

SB 161. By Senator Brown of the 52nd:
A Bill to amend an Act approved Jan. 31, 1961, Act No. 14, which relates to grants of State and local funds for school children and to other mat ters; to repeal conflicting laws; and for other purposes.

SB 162. By Senators Long of the 3rd and Raynor of the 4th:
A Bill to provide that no law enforcement officers except the Georgia State Highway Patrol shall be allowed the use of timing devices or radar equipment to enforce safety regulations on highways and roads in Geor gia; to repeal conflicting laws; and for other purposes.

The following Resolutions of the House were read and referred to the Com mittee on Rules:

HR 246. By Messrs. Vaughn of Rockdale, Hall of Floyd and others:
A RESOLUTION
Creating an interim committee to study fire insurance rating proce dures; and for other purposes.
WHEREAS, there was recently requested on behalf of the fire insurance industry a rate increase; and
WHEREAS, after such request was denied numerous premium in-

1044

JOURNAL OP THE HOUSE,

creases have been experienced by owners of property insured against physical damage; and
WHEREAS, charges have been brought that such premium increases are due to changes in rating and classification procedures by the fire insurance industry; and
WHEREAS, it is in the public interest to protect individuals against discriminatory premium charges, rating and classification procedures.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OP REPRESENTATIVES that an interim committee be appointed, to be composed of 8 members of the House, to be appointed by the Speaker of the House of Representatives, for the purpose of conducting investiga tions and examinations into the rating and classification procedures of any insurance company, group, association or bureau which establishes rates and classifications upon which fire insurance premiums are based. The committee shall also be empowered to investigate any other organi zation, or to examine any related field which bears upon the question of rate and premium charges for fire insurance. The committee shall not meet in excess of 10 days. The members shall receive the compensation, per diem, expenses and allowances authorized for members of interim legislative committees. The funds necessary to carry out the purposes of this Resolution shall come from the funds appropriated or available to the legislative branch of government.
HR 247. By Mr. Massee of Pulaski:
A RESOLUTION
To provide for the proper supervision of high school athletic events; and for other purposes.
WHEREAS, sports programs in Georgia high schools are ranked in caliber among the highest of any State in America; and
WHEREAS, all citizens of our State are proud of the prep school athletic teams in the State of Georgia and in their own local community; and
WHEREAS, because of the fierce competition and keen rivalry among the schools of our State, it is sometimes necessary for law en forcement officers to be present at athletic events to uphold standards of good sportsmanship and proper behavior; and
WHEREAS, because of the risk of injury involved in participating in certain sports events it is sometimes necessary that a physician should be in attendance during the entire event to administer to the needs of injured participants; and
WHEREAS, because of the danger of injury to a participant in such an athletic event, it is sometimes necessary that said participant be removed to a hospital or to a training room immediately by the use of an ambulance in order that he may be administered to as quickly as possible.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES, that at all high school athletic events the school authorities or members of the respective high school's athletic associa tion shall provide for law enforcement officers to be present in order to

WEDNESDAY, MARCH 1, 1961

1045

maintain standards of proper behavior and good sportsmanship among the fans. Be it further resolved that the school authorities or the Ath letic Association members shall provide for a physician to be present at any athletic event which involves risk or injury to a participant, and that if no such physician is present then the game or event shall be postponed until such physician arrives on the scene.
BE IT FURTHER RESOLVED, that at any athletic event in which the result of injury is great, such as a football game, the proper school authorities or Athletic Association members shall provide that a fully equipped ambulance shall be present during the entire event, and that such ambulance shall be parked as near to the playing field as possible and should have easy access to an exit from the field.

HR 248. By Mr. Kidd of Baldwin:
A RESOLUTION
Creating an interim committee to study the unemployment situation in Georgia; and for other purposes.
WHEREAS, there exists in the State of Georgia and throughout the entire Nation serious conditions and problems relating to unemployment; and
WHEREAS, the population of Georgia is ever increasing and unem ployment is increasing; and
WHEREAS, it is felt that this situation is critical and deserves serious study with a view towards solving the problems which exist.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created a subcommittee to study the unemployment situation in this State which shall be composed of five members of the House appointed by the Speaker of the House. The committee shall be authorized to employ the necessary professional and clerical assistance necessary to perform the duties herein conferred, and may make such trips to other States in order to accumulate facts regarding this situation. The members of the committee shall receive the per diem, expenses and allowances authorized for members of in terim committees, the payment of which shall come from the funds appropriated to the legislative branch of government.

HR 249. By Messrs. Bolton of Spalding, Hale of Dade, and others:
A RESOLUTION
To create a committee to work with the Department of Revenue in connection with the tax equalization and re-evaluation program provided for by the present session of the Georgia General Assembly.
WHEREAS, the studies and recommendations by previous interim committees over a number of years have resulted in the adoption of legislation at this Session of the General Assembly to provide a method for a tax equalization and re-evaluation program among the several counties of this State; and
WHEREAS, this legislation will undoubtedly create problems within

1046

JOURNAL OP THE HOUSE,

the Revenue Department charged with the responsibility of administer ing the program provided for in the above mentioned legislation; and
WHEEREAS, if this important and vital work inaugurated by the General Assembly is to continue and succeed, there must be a continual reappraisal of the laws relating to ad valorem property taxes in this State as well as the need for direct legislative liaison with the depart ment charged with the responsibility of administering the legislative program commenced at this Session of the General Assembly.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OP REPRESENTATIVES that there is hereby created a committee to be known as the Tax Equalization Committee to be composed of six mem bers of the House to be appointed by the Speaker of the House of Repre sentatives. The committee is hereby authorized to consult with persons experienced in the field of taxation and other fields related to the legis lative program outlined above. The committee shall also be authorized to examine the laws and administration thereof of this and other states relative to the fields of inquiry which the committee feels shall be bene ficial to their study. The members shall receive the compensation, per diem, expenses and allowances authorized for members of interim legis lative committees. All funds necessary for the purpose of this Resolution shall come from the funds appropriated to or available to the Legislative branch of the government. The Office of Legislative Counsel shall assist the Committee in the performance of its duties. The committee shall make a report of its studies and recommendations to the 1962 Session of the General Assembly on or before January 15, 1962, and the commit tee shall stand abolished as of that date. The committee is authorized to meet for a period not in excess of 20 days.

HR 250. By Messrs. Ballard of Newton and Loggins of Chattooga:
A RESOLUTION
Relative to the economic effect of hard surface roads in rural com munities; and for other purposes.
WHEREAS, the rural communities of this State still contain a large percentage of the population of Georgia; and
WHEREAS, economic conditions in such communities are worsen ing; and
WHEREAS, this Body is in need of information relative to the effect of hard surface roads in such communities;
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created a committee to be composed of five members of the House to be appointed by the Speaker from the members of the Highway Committee, for the purpose of study ing the economic effect of hard surface roads in rural communities. The committee is authorized to make comparison studies and to study the laws and administration thereof of this and other States relative thereto. The members of the committee shall receive the compensation, per diem, expenses and allowances authorized for members of interim legislative committees. The committee shall receive the above for not more than thirty days per member. The funds necessary to carry out the purpose herein shall come from the funds appropriated to or available to the legislative branch of the government. The committee shall make a report

WEDNESDAY, MARCH 1, 1961

1047

of its findings and recommendations to the 1962 session of the General Assembly on or before January 15, 1962, on which date the committee shall stand abolished.

HR 251. By Messrs. Hurst of Quitman and Morris of Tift:
A RESOLUTION
Relative to State Farmers Markets; and for other purposes.
WHEREAS, State Farmers Markets and agricultural resources and marketing make up a large segment of the economy of this State; and
WHEREAS, this Body needs to be informed as to the operation thereof;
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created a committee to be composed of the five (5) members of the Markets and Marketing Sub committee of the Agriculture Committee of the House for the purpose of studying the maintenance operation of the State Farmers Markets. The committee is authorized to compare administration and operation of the State Markets with those of other States and to report to the 1962 Session of the General Assembly. The members of the committee shall receive the compensation, per diem, expenses and allowances authorized for members of interim legislative committees. The committee shall re ceive the above for not more than ten (10) days for each member. The funds necessary to carry out the purposes herein shall come from the funds appropriated to or available to the legislative branch of the gov ernment. The committee shall make a report on or before January 15, 1962 on which date the committee shall stand abolished.

HR 252. By Messrs. Barber of Jackson and Strickland of Evans:
A RESOLUTION
Creating a committee to study the health and hygiene program of the State of Georgia; and for other purposes.
WHEREAS, there is a need for a study to be conducted for the pur pose of reappraising the general status of the health and hygiene pro gram of this State, particularly as it relates to mental health, to the Georgia Department of Public Health and to the public hospitals located within this State; and
WHEREAS, these subjects become of an increasing importance each year, and the members of this Body are in need of information con cerning the aforesaid;
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created a committee to be appointed by the Speaker, to be composed of such members of the Hy giene and Sanitation Committee of the House as the Speaker shall de termine, for the purpose of conducting the aforesaid study into the ap propriate fields as well as other related matters pertaining to the health and hygiene program of this State. The committee shall be authorized to meet for such period of time as the Speaker of the House shall deter mine, and the members shall receive the compensation, per diem, ex penses and allowances authorized for members of interim legislative

1048

JOURNAL OF THE HOUSE,

committees. The funds necessary to carry out the purposes of this Reso lution 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 1962 session of the General Assembly on or before January 15, 1962, on which date the committee shall stand abolished.

HR 253. By Messrs. Kidd of Baldwin, Mackay of DeKalb, and Barber of Jackson:
A RESOLUTION
Relative to the unemployment situation in Georgia and the Nation.
WHEREAS, the State of Georgia and the United States are pres ently suffering from a condition of widespread unemployment; and
WHEREAS, the employees of this Nation should be given an oppor tunity to work so as to have a firm economic basis for the operation of our great State and Country; and
WHEREAS, there has been advanced a plan which would check the upward trend of unemployment by having employers employ the greatest number of employees possible even if they are hired on a reduced work ing schedule; and
WHEREAS, President Kennedy has outlined a resolute determina tion to deal vigorously with unemployment and liberally with the unem ployed, especially in areas with heavy concentration of unemployed workers, and
WHEREAS, the Kennedy Administration is expected to make avail able for immediate use such funds as may be available or may be made available on such projects as can be readied for construction, as a means of reducing unemployment and supplying surplus commodities to the distressed jobless relief clients; and
WHEREAS, the President cannot be expected to engage the govern ment in widespread work-relief projects, such as was set up back in the 1930's, especially in areas where States can care for their own with the cooperation of local governments down into community levels; and
WHEREAS, States with a reasonably low percentage of jobless workers may avail themselves of a program that can bring about imme diate relief in the situation of unemployment by the simple expediency of recommending to employers and labor groups methods of adjusting schedules to provide for the creation of job opportunities for additional workers, or for retaining workers on jobs in slack periods, spreading the wages to accommodate the normal compliment of workers on all jobs, wherever practical and possible; and
WHEREAS, as conditions in industry improve, employers should hire more workers rather than increasing the work load on existing workers, during existing emergencies of unemployment.
NOW, THEREFORE, BE IT REESOLVED BY THE HOUSE OF REPRESENTATIVES OF GEORGIA that the employers of the State of Georgia are hereby requested to give full consideration and cooperation to the plan for decreasing unemployment set forth in this Resolution. The Commissioner of Labor is requested to cooperate to the fullest with

WEDNESDAY, MARCH 1, 1961

1049

the employers of this State in order to make effective the plan for de creasing unemployment set forth in this Resolution.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby authorized and directed to send a copy of this Resolution to each member of the United States Congress from Georgia so that the plan proposed by this Resolution may be considered on a national level.

HR 254. By Mr. Cox of Clarke:
A RESOLUTION
To authorize a subcommittee of the State Institutions and Property Committee to inspect the State institutions and propery owned and/or operated by the State of Georgia; and for other purposes.
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;
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the Chairman of the State Institutions and Property Committee be authorized to appoint a subcommittee to consist of not more than thirty (30) members of the State Institutions and Property 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. The members of the committee shall receive the compensation, per diem, expenses and allowances authorized for members of interim legislative committees. The committee shall receive the above for not to exceed fifteen days for each member. The committee shall make a report of its findings to the 1962 session of the General Assembly on or before January 15, 1962, on which date the com mittee shall stand abolished. The funds necessary for the purposes herein shall come from the funds appropriated to or available to the legislative branch of the government.

HR 255. By Mr. Kelly of Jasper:
A RESOLUTION
Creating a House Interim Study Committee; and for other purposes.
WHEREAS, the President of the United States has recently ex pressed his desire that billboard advertisements be removed from the federal system of highways; and
WHEREAS, it has long been the work of the Garden Clubs of America to remove such scenic obstructions from the American system of highways; and
WHEREAS, it is desirable that the natural beauty of the State of Georgia be readily viewable from the federal and state highway systems within this State.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that an interim study committee of five members of the House be appointed by the Chairman of the House Highway Com mittee to study the advisability and possibility of preventing billboard advertisements from being constructed along the right of ways of federal

1050

JOURNAL OF THE HOUSE,

and state highways. The committee shall meet for a period not in excess of twenty days and shall report its findings and recommendations to the Standing Committee of the House of Representatives on Highways. The members shall be authorized the compensation, per diem, expenses and allowances authorized for interim legislative committees. The funds for the purpose of carrying out the provisions of this Resolution shall come from funds appropriated and available to the legislative branch of gov ernment.

HR 256. By Messrs. Bolton of Spalding, Rowland of Johnson, and others:
A RESOLUTION
Creating an interim study committee to evaluate the future needs of the State School at Gracewood; and for other purposes.
WHEREAS, during the past years due to an increase in popula tion and the increased mental health program undertaken by the State of Georgia, the school for the mentally defective children at Gracewood has become over crowded and has inadequate facilities to care for the present number of patients; and
WHEREAS, the present number of patients in Gracewood is ap proximately 1,600, and with the new colored infirmary and the pro posed 300 bed infirmary for white patients, the patient load will prob ably exceed 2,000 in number; and
WHEREAS, the members of the sub-committee on Eleemosynary Institutions has been advised that the maximum number of patients that a facility such as this should house should not exceed 2,000 patients, or at the most 2,500, by the authorities of the Health Department and the authorities operating Gracewood; and
WHEREAS, there is at present a waiting list of 900 patients wait ing to be admitted to the Gracewood facility; and
WHEREAS, it is apparent to all concerned that a new facility is already needed and will be needed more in the immediate future; and
WHEREAS, it is apparent that some plans should be made by the General Assembly, in cooperation with the Department of Health and the authorities at Gracewood to investigate the possibility of a new facility and the location thereof;
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that a committee to be composed of five (5) members of the House of Representatives, to be appointed by the Speaker of the House, be created to make a study of the immediate and future needs of Gracewood. The committee shall be authorized to visit this and similar institutions and to make a study of the laws under which they operate. If requested, the services of the Office of Legislative Counsel shall be available to the committee. The Com mittee shall make a study of the advisability and need of estab lishing a new location for said facility and shall be authorized to con duct investigations and studies into the present staff at Gracewood and to formulate plans and recommendations for future staffing and loca tion. The members shall receive the compensation, per diem, expenses and allowances authorized for members of interim legislative com mittees. The funds necessary to carry out the purposes of this resolu-

WEDNESDAY, MARCH 1, 1961

1051

tion shall come from the funds appropriated to or available the legis lative branch of the government.

HE 257. By Messrs. Newton of Colquitt, Bowen of Toombs, and others:
A RESOLUTION
Requesting the Board of Regents to adopt certain policies; and for other purposes.
WHEREAS, recent events attendant upon the admission to the University of Georgia of two Negro students have brought about severe restrictions upon the right of students to assemble peaceably; and
WHEREAS, although restraints have been placed upon students, no action has been taken to prevent others from going on the Campus, particularly members of the press and representatives from other news media; and
WHEREAS, it has been shown that the large number of newspaper, magazine, radio and television representatives was as much responsible for the disorders which occurred; and
WHEREAS, it would be beneficial if policies were adopted by the Board of Regents applicable to all units and segments of the Uni versity System to prevent such occurrences from taking place;
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Board of Regents is hereby urged to adopt policies which will prevent representatives of the press, maga zine, television, radio and other news media from going on the property of any unit or segment of the University System during such times as shall be designated by the Board of Regents. Such policies should include provisions allowing interviews off Campus, if necessary, or special news conferences. The General Assembly hereby declares that it is not the intention of this body to seek to prohibit the free gathering of news, but it is the intention of the General Assembly to seek to prevent actions which are detrimental to the students in all units of the University System. The General Assembly further declares that inas much as newspaper and magazine articles and television and radio broadcasts have beseeched all persons to take all actions to prevent occurrences similar to those which happened in Athens, it is only fit ting and proper that such news media be willing also to take any steps necessary to prevent such occurrences.
BE IT FURTHER RESOLVED by the Clerk of the House is hereby instructed to transmit a copy of this resolution to each member of the Board of Regents and to the Chancellor of the University System.

HR 258. By Mr. Fitzgerald of Long:
A RESOLUTION
Creating a committee relative to revision of the jury lists in Long County; and for other purposes.
WHEREAS, there have been many reports relative to the last revision of the jury lists in Long County; and

1052

JOURNAL OF THE HOUSE,

WHEREAS, legislation relative thereto has been introduced at this Session of the General Assembly; and
WHEREAS, this Body is in need of information relative thereto;
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created a committee of three (3) Representatives to be appointed by the Speaker for the pur pose of making a study and investigation relative to the last revision of the jury lists in Long County. The members of the committee shall receive the regular per diem and allowances for interim legislative committees. The committee is authorized to employ clerical assistance and fix the compensation therefor. The committee shall make a report of its findings to the 1962 Session of the General Assembly on or before January 15, 1962, on which date the committee shall stand abolished. The funds necessary for the purposes herein shall come from the funds appropriated to or available to the legislative branch of the govern ment.

HR 259. By Mr. Jones of Lumpkin:
A RESOLUTION
Creating a committee to study the implementation of and possible legislative changes in the "Motor Vehicle Certificate of Title Act".
WHEREAS, The General Assembly of Georgia this Session passed an Act known as the "Motor Vehicle Certificate of Title Act"; and
WHEREAS, this law is an important step forward by the State of Georgia; and
WHEREAS, this law is inherently complex and its implementation should be given considered care by not only the people charged with its administration, but also the General Assembly of Georgia;
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that an interim study committee composed of such members of the House from the State at large as the Speaker of the House desires to appoint, be appointed to study how States with similar laws have implemented said laws in order to reduce possible confusion upon initial issuance of certificates of title for motor vehicles, and to further evaluate the provisions of this State's "Motor Vehicle Certificate of Title Act" as compared with the laws of other States in order to see if possible legislative changes are desirable. The mem bers of the committee shall receive the compensation, per diem, expenses and allowances authorized for members of interim legislative com mittees. The Speaker of the House shall limit the number of days the members of the committee may receive the above compensation, per diem, expenses and allowances. The committee shall file a report of its findings and recommendations to the General Assembly and others on or before January 10, 1962, on which date the committee shall stand abolished. The funds necessary to carry out the provisions herein shall come from the funds appropriated to or available to the legislative branch of the government.

The following Resolutions of the House and Senate were read and adopted:

WEDNESDAY, MAECH 1, 1961

1053

HR 106. By Messrs. Mixon of Irwin, Milhollin of Coffee and Dorminy of Ben Hill:
A RESOLUTION
Relative to certain welfare benefits; and for other purposes.
WHEREAS, in many areas of this State the number of births of illegitimate children has sharply increased during the last few years; and
WHEREAS, although laws have been enacted in an attempt to stop illegitimate births, under Federal rules and regulations welfare payments are still authorized for illegitimate children; and
WHEREAS, at the time the General Assembly of Georgia enacted a law prohibiting payments to any mother for more than one illegitimate child, the Federal agency administering the welfare program threatened to withhold all funds from the State of Georgia unless such law were repealed; and
WHEREAS, there is no action which might be taken on the State level to cope with this situation, but action needs to be taken on the Federal level;
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the members of this body deplore the situation existing at the present time which, in effect, condones illegiti macy and rewards persons for illegitimate births, and request that the members of the United States Senate and the members of the United States House of Representatives from Georgia do all in their power to take whatever action necessary to prevent welfare payments for illegitimate children.
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 241. By Messrs. Payton of Coweta and McGarity of Henry:
A RESOLUTION
Creating a Committee to study and investigate laws pertaining to disbaring of attorneys-at-law; and for other purposes.
WHEREAS, during the past several Sessions of the General As sembly of Georgia, many bills relating to the disbaring, suspending and disciplining of attorneys-at-law have been introduced; and
WHEREAS, the members of the legal profession are interested in having a study and investigation made pertaining to the proceedings for the disbaring, suspending and disciplining of attorneys-at-law and the standards of conduct that should be required of all attorneys per mitted to practice law in this State; and
WHEREAS, it is the considerate opinion of the members of the House of Representatives of Georgia that a study should be made per taining to the disbarment, suspending and disciplining of attorneys-atlaw and the standards of conduct that should be required of all at torneys permitted to practice law in the State of Georgia.

1054

JOURNAL OF THE HOUSE,

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF GEORGIA that there is hereby created a Committee of 5 members of the House of Representatives, said mem bers to be appointed by the Speaker of the House of Representatives for the purpose of making a study and investigation pertaining to the proceedings for the disbaring, suspending and disciplining of attorneysat-law and the standards of conduct that should be required of all attorneys permitted to practice law in the State of Georgia. Said Committee is also authorized to study and investigate related laws pertaining to attorneys-at-law.
BE IT FURTHER RESOLVED that said Committee is hereby authorized to study the laws and the administration thereof of this State and other States pertaining to the purposes contained in this Resolution and said Committee is further authorized to do all other things necessary to effectively carry out the provisions of this resolution.
BE IT FURTHER RESOLVED that said Committee shall have 20 days per member for its functioning and the members of said Com mittee shall receive the compensation, per diem, expenses and allow ances authorized for members of interim legislative committees and that said funds shall be paid from funds appropriated to or available to the legislative branch of the government.
BE IT FURTHER RESOLVED that said Committee shall make recommendations and a report of its study and investigation to the 1962 Session of the General Assembly of Georgia on or before January 15, 1962 and said Committee shall stand abolished as of that date.
HR 242. By Messrs. Brooks of Fulton, Lee of Clayton, and others:
A RESOLUTION
Authorizing the erection of an appropriate sign on the new Atlanta Farmers Market; and for other purposes.
WHEREAS, the State of Georgia has erected the Atlanta Farmers Market in Clayton County, Georgia, at a tremendous cost, and
WHEREAS, the facility is one of the largest of its kind in the world and is located adjacent to the Atlanta Municipal Airport and is visible to the many passengers arriving and departing therefrom, and
WHEREAS, the market area covers approximately One Hundred Forty-three (143) acres, and it is only just and proper that the identifi cation of this facility be made known to the many persons viewing same;
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Department of Agriculture be and it is hereby authorized to cause to be erected an appropriate sign to identify the Atlanta Farmers Market visible to air passengers.
BE IT FURTHER RESOLVED that the expense incurred hereunder shall be a proper expense of the Georgia Farmers Market Au thority; or shall be a proper expenditure of any available fund of the Department of Agriculture of the State of Georgia under any agree ment between the Authority and the Department of Agriculture of the State of Georgia.

WEDNESDAY, MARCH 1, 1961

1055

HR 243. By Mr. Jones of Liberty:
A RESOLUTION
Commending those ladies handling telephone messages for the House of Representatives; and for other purposes.
WHEREAS, young telephone ladies in attendance have greatly aided the members of this House in placing and receiving their tele phone calls during this session; and
WHEREAS, these young ladies, Mrs. Mildred Arnold, Mrs. Valeria Henry and Miss Ann Price, have cheerfully given their services through the facilities of the well-planned telephone center which has been pro vided by the Southern Bell Telephone and Telegraph Company;
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES, that these above named young ladies be ex tended the warmest thanks of this House for their prompt, efficient, and untiring efforts in providing this most helpful service and con venience; and
BE IT FURTHER RESOLVED that a copy of this resolution be given the Southern Bell Telephone and Telegraph Company and one each to the young ladies as a token of the appreciation of this House.

HR 244. By Mr. Twitty of Mitchell:
A RESOLUTION
Relative to personnel and Committees; and for other purposes.
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 ten 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 this 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-half (%) of the per diem now fixed by law for the Clerk's office which shall in clude all necessary secretarial help. The Speaker of the House is authorized to open his office and use such of his personnel as required by him at any time and for any periods he deems necessary to attend to business of the House of Representatives during the interim between Sessions. The Speaker shall be paid the same as for an interim com mittee member and shall fix the compensation of office personnel.
BE IT FURTHER RESOLVED that the Chairman of the Auditing, Engrossing, Enrolling and Journals Committee and 15 additional mem bers of each of said Committees, to be appointed by the Speaker, are authorized to remain at the Capitol 10 days after adjournment for the

10B6

JOURNAL OF THE HOUSE,

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, said committee members to be paid the per diem authorized by law for interim committees.
BE IT FURTHER RESOLVED that the Post-master or Post mistress and the Assistant Postmaster or Postmistress of the House be authorized to remain at the Capitol 5 days for the purpose of for warding members' mail. They shall be paid same as interim committee members.
BE IT FURTHER RESOLVED that the Speaker is authorized to appoint Committees from the members of the House of Representatives to serve as a legislative investigating committee or for other necessary business for the State during the time that the legislature is not in session, and employ whatever assistance of any kind and fix compensa tion therefor. The Speaker is authorized to extend the time of any Committee.
All of the above named persons, who are authorized to remain over for the unfinished business of the House, shall receive the same com pensation as they receive during the session, unless otherwise pro vided. The committees shall be paid the regular compensation, per diem, allowances and expenses authorized for interim committees.

HR 245. By Messrs. Mackay and Howard of DeKalb:
A RESOLUTION
Relative to a plaque in memory of Alexander Harry Wray; and for other purposes.
WHEREAS, during the War Between the States a Union Soldier, Alexander Harry Wray, was taken prisoner by the Confederate Army; and
WHEREAS, at the conclusion of the War in appreciation of the very kind treatment he received as a prisoner, he contributed his mustering out pay toward a home for Confederate Soldiers; and
WHEREAS, there is at present a plaque at the Confederate Soldiers Home in Atlanta commemorating the aforesaid act; and
WHEREAS, it has been indicated that at some future date the Confederate Soldiers Home will be torn down and the material dis posed of; and
WHEREAS, a resident of DeKalb County, Mrs. Ann Wray Upchurch, a great-great niece of Alexander Harry Wray is desirous of obtaining the aforesaid plaque and it seems appropriate that she be granted said plaque.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that in the event the Confederate Soldiers Home is torn down the aforesaid plaque is hereby declared surplus and the Governor and the Secretary of State, on behalf of the State of Georgia, are hereby authorized and directed to convey to Mrs. Ann Wray Upchurch for the sum of one dollar ($1.00) the aforesaid plaque.
BE IT FURTHER RESOLVED that the Clerk of the House is

WEDNESDAY, MARCH 1, 1961

1057

hereby instructed to transmit a copy of this resolution to the Governor, the Secretary of State and Mrs. Ann Wray Upchurch.

HR 134. By Mr. Wells of Camden:
A RESOLUTION
Relative to the Channel at Kings Bay Terminal; and for other purposes.
WHEREAS, the Kings Bay Terminal at St. Marys, Georgia, has been leased to a private shipping company and as a result thereof a large amount of shipping is utilizing the facilities at the Terminal; and
WHEREAS, many large ocean going vessels from all over the World dock at the Terminal bringing in import goods and taking out export goods; and
WHEREAS, rail and truck lines haul freight, and some of the Terminal's food, supplies, material and equipment are purchased, jobs are held by citizens of the locality, and the economy not only of the surrounding area but the entire State is greatly benefitted by the operation of the Terminal; and
WHEREAS, in 1958 the Channel was thirty-four feet in depth but is now down to approximately twenty feet in depth; and
WHEREAS, if immediate action is not taken to dredge the Channel, many vessels will have to be turned away, therefore, directly affecting the families of many Georgia citizens and indirectly affecting the economy of the entire State; and
WHEREAS, according to the contract between the company and the government, the government is suppose to dredge the Channel but has not as yet done so;
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that this body recommends that immediate action be taken by the Federal Government to dredge the Channel at Kings Bay Terminal, St. Marys, Georgia, and that the members of Congress from Georgia do all within their power to see that this is accomplished.
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 200. By Mr. Brooks of Fulton:
A RESOLUTION
Creating a committee to study procedures relative to legislative sessions; and for other purposes.
WHEREAS, the members of the General Assembly are faced with the almost impossible task of studying an untold number of measures which are introduced in the General Assembly each session; and

1058

JOURNAL OP THE HOUSE,

WHEREAS, the recent two week adjournment has brought forth suggestions for possible changes in sessions of the General Assembly so that improvements might be made; and
WHEREAS, many other suggestions relative to other phases of legislative sessions and the General Assembly and the operations of the General Assembly have been made; and
WHEREAS, the Legislative Services Committee and the Office of Legislative Counsel were created for the purpose of, among other things, studying methods concerning the operation of the General Assembly and the more efficient administration thereof;
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the Legislative Services Committee and the Office of Legislative Counsel are hereby directed to make a study of all ideas and suggestions for improving sessions of the General As sembly. A report of such study concerning findings and recommenda tions shall be made to the members of the General Assembly on or before December 1, 1961, so that all members might have an oppor tunity to study the report prior to the 1962 Session of the General Assembly.

HR 194. By Messrs. Doster of Wilcox, and Johnson of Jenkins:
A RESOLUTION
Creating an interim committee to study the Uniform Traffic Code; and for other purposes.
WHEREAS, the Uniform Traffic Code has been in operation in Georgia since 1955, and during its five years of operation many matters have arisen within the application of said Code which are not entirely clear; and
WHEREAS, this situation deserves to be studied and information needs to be made available to the members of this body with a view of corrective legislation.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created a committee to be composed of five members of the House to be appointed by the Speaker for the purpose of making a study of the above situation and of the said situation as it exists in other States and as to how the same is being handled therein. The committee shall make a study with a view towards recommending solutions to the problems which have arisen and will continue to present themselves each year. The members of the com mittee shall receive compensation, per diem, expenses and allowances authorized for members of the interim legislative committees. The com mittee shall receive the above not to exceed twenty days for each mem ber. The committee is authorized to employ such professional and clerical help as it deems necessary to perform its duties. The funds necessary to carry out the duties herein shall come from the funds appropriated to or available to the legislative branch of government. The committee shall make a report of its findings and recommenda tions to the 1962 Session of the General Assembly on or before January 15, 1962, on which date the committee shall stand abolished.

WEDNESDAY, MARCH 1, 1961

1059

HE 198. By Messrs. Fowler of Douglas, and Cox of Clarke:
A RESOLUTION
Creating a committee to make a study of matters relating to the problem created by uninsured motorists; and for other purposes.
WHEREAS, each year sees an increase in the number of motor vehicles using the public ways in the State of Georgia, with the in evitable resulting increase in the number of motor vehicle accidents; and
WHEREAS, there is a concurrent increase in the number of bodily injury and property damage accidents in which the owner and/or operator of the motor vehicle causing the accident is found legally liable for such damages, but proves financially irresponsible and unable to pay for the damages caused by his negligence; and
WHEREAS, the situation is of such importance to the citizens of this State as to warrant a thorough study of methods available to protect the public from monetary losses arising out of bodily injuries and property damages suffered at the hands of financially irresponsible motorists;
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created a committee to be composed of five members of the House to be appointed by the Speaker for the purpose of making a study of the problems caused by financially irresponsible motorists and possible solutions to such problems. The committee members shall receive the compensation, per diem, expenses and allowances authorized for members of interim legislation commit tees. The committee shall receive the above for not to exceed ten days for each member. In order to more efficiently carry out its duties, the committee is authorized to employ clerical help and fix the compensa tion therefor. The funds necessary to carry out the purposes herein 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 1962 session of the General Assem bly on or before January 15, 1962, on which date the committee shall stand abolished.

SR 39. By Senators Sanders of the 18th and Knox of the 54th:
A RESOLUTION
Requesting Congress to propose an amendment to the United States Constitution; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA, that the members of the General Assembly of the State of Georgia respectfully request the Congress of the United States to propose to the people an amendment to the Constitution of the United States or to call a convention for such purpose, as provided by law, to add to said Constitution an Article providing that:
"ARTICLE .............. .....
"Section 1. Where the Legislatures of over one-fourth of the the several States conclude that a United States Supreme Court

1060

JOURNAL OF THE HOUSE,

decision has transferred powers not authorized by the Constitution of the United States, and where said decision transfers powers from the several States to the Federal Government, said decision shall, upon the application and request of the Legislatures of over one-fourth of the several States, be invalid until subsequently approved by the Legislatures of three-fourths of the several States; provided, however, that said application and request shall be made within three years after the day of said decision.
"Section 2. All provisions of Article 3 of the Constitution of the United States that conflict with this amendment are hereby repealed."
BE IT FURTHER RESOLVED that certified copies of this Reso lution shall be sent by the Secretary of State to the Governors and members of the Legislatures of the several States, the President of the United States, the President of the United States Senate, the Speaker of the United States House of Representatives, and to each member of the United States Congress.
SR 22. By Senator Brown of the 52nd:
A RESOLUTION
Relating to the statue of John B. Gordon; and for other purposes.
WHEREAS, the statute of John B. Gordon, located on the Capitol grounds in Atlanta, Georgia, occupies a place of prominence on said grounds; and
WHEREAS, the beauty of the statute has become tarnished through exposure to the weather and it is a sore spot to the otherwise beautiful grounds of the Capitol; and
WHEREAS, the Georgia Hall of Fame Committee has recom mended that the statue be cleaned and put in proper order;
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Secretary of State is hereby authorized to take the necessary steps to have the statue of John B. Gordon cleaned as aforesaid, and the Budget Bureau is hereby author ized and directed to provide the necessary funds to carry out the pur poses of this resolution.

SR 25. By Senators Dews of the 9th, Conger of the 8th and others:
A RESOLUTION
Proposing an amendment to the Constitution of the United States of America.
WHEREAS, it has long been an American boast that we have a government of laws and not of men, but any study of recent decisions of the Supreme Court of the United States leaves considerable doubt as to the validity of that boast; and
WHEREAS, if our constitutional form of government is to be pre served it is imperative that the people have a reasonable voice in all branches of government, including United States Supreme Court de cisions; and

WEDNESDAY, MARCH 1, 1961

1061

WHEREAS, unless the people are given a voice in their govern ment, our Constitution will be eroded away by acts of usurpation, and we will be at the mercy of an all-powerful bureaucratic government not responsible to the people which was created by the Supreme Court of the United States; and
WHEREAS, the proposed amendment to the United States Con stitution would insure that the Supreme Court of the United States could not, without the constitutional consent of the people of this great Nation, amend our Constitution by ad hoc judicial decisions, and that reserved State powers could only be transferred to the federal govern ment by a properly ratified constitutional amendment;
NOW THEREFORE BE IT RESOLVED BY THE GENERAL ASSEMBLY OP GEORGIA that the members of the General Assem bly of the State of Georgia respectfully request the Congress of the United States to propose to the people an amendment to the Constitu tion of the United States or to call a convention for such purpose, as provided by law, to add to said Constitution an Article providing that:
"ARTICLE ......_......._._.__..
"Section 1. Where the Legislatures of over one-fourth of the several States conclude that a United States Supreme Court de cision has transferred powers not authorized by the Constitution of the United States, and where said decision transfers powers from the several States to the Federal Government, said decision shall, upon the application and request of the Legislatures of over one-fourth of the several States, be invalid until subsequently approved by the Legislatures of three-fourths of the several States; provided, however, that said application and request shall be made within three years after the date of said decision.
"Section 2. All provisions of Article 3 of the Constitution of the United States that conflict with this amendment are hereby repealed."
BE IT FURTHER RESOLVED that certified copies of this Reso lution shall be sent by the Secretary of State to the Governors and mem bers of the Legislatures of the several States, the President of the United States, the President of the United States Senate, the Speaker of the United States House of Representatives, and to each member of the United States Congress.
SR 35. By Senators Knox of the 54th and Grayson of the 1st:
A RESOLUTION
Paying tribute to the Mayors and other Municipal Officials and employees; and for other purposes.
WHEREAS, there are approximately four hundred and twentyfive incorporated municipalities in the State of Georgia, and,
WHEREAS, these municipalities from day to day perform a multi tude of services for the citizens of our great State, and,
WHEREAS, these municipalities form the core of our industrial and commercial economy, and provide centers of cultural and recrea tional activity, and,

1062

JOURNAL OP THE HOUSE,

WHEREAS, these towns and cities perform many functions for the State, particularly the protection of life and property within their boundaries, and,
WHEREAS, the greatness of our municipalities is a reflection of the unselfish dedication and tireless efforts of the thousands of munici pal officials and employees who daily give of their time and talents to improve municipal government within our great State, and,
WHEREAS, His Excellency, Governor S. Ernest Vandiver, has proclaimed January 31, 1961 as "GEORGIA MAYORS' DAY",
NOW, THEREFORE, BE IT RESOLVED by the General Assem bly of Georgia that this body join with the Governor and the citizens of Georgia on this Mayors' Day in honoring and paying tribute to our Mayors, and municipal officials and employees.

SR 27. By Senator Brown of the 52nd:
A RESOLUTION
Relating to the placing of monuments at Gettysburg and Antietam; and for other purposes.
WHEREAS, two of the most significant battles of the War Between the States were fought at Gettysburg and Antietam; and
* WHEREAS, Georgia is the only southern state which has no me morial to its dead at either of the aforesaid places; and
WHEREAS, the Georgia Hall of Fame Committee is sponsoring the construction of monuments at said places and it is only fitting and proper that Georgia's departed heroes should be so realized;
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that a monument be placed at Gettysburg National Military Park and a monument be placed at Antietam National Battlefield Site to honor Georgians who were killed in the battles at those locations during the War Between the States. It is suggested that such monuments be constructed from Georgia granite so that they will be representative of the State of Georgia and will also be of everlasting quality. The Secretary of State is hereby authorized to conduct all the necessary matters relative to the purposes set out herein, and the Budget Bureau is hereby authorized and directed to provide the necessary funds to carry out the purposes of this resolution.

HR 201. By Messrs. Kidd and Chandler of Baldwin:
A RESOLUTION
Authorizing the Director of the Department of Commerce to re quest the hotels and motels of this State to reduce their rates on Satur days and Sundays; and for other purposes.
WHEREAS, one of the duties of the Director of the Department of Commerce is to plan and conduct a program of information and pub licity designed to attract tourists, visitors, and other interested persons from outside the State to this State and also to encourage and coordi nate the efforts of other public and private organizations or groups of

WEDNESDAY, MARCH 1, 1961

1063

citizens to publicize the facilities and attractions of the State for the same purposes; and
WHEREAS, a reduction of the rates of the hotels and motels of this State on Saturdays and Sundays would encourage more visitors from out of the State to visit Georgia and would encourage the citizens of Georgia to make more weekend trips to visit the many attractions of our great State.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Director of the Department of Commerce is hereby authorized and directed to call upon the owners and managers of the hotels and motels of this State and encourage them to reduce their rates on Saturdays and Sundays.
BE IT FURTHER RESOLVED that the Director of the Depart ment of Commerce is further authorized and directed that upon com pletion of this program, to publish a schedule of those hotels and motels that have cooperated in said program and said schedule shall contain the usual rates charged by said hotels and motels and shall also contain rates charged on Saturdays and Sundays.

The following Resolution was read:

HR 223. By Messrs. Lowrey of Floyd, Lanier of Candler and others:
A Resolution authorizing a study of the production of milk and milk products; and for other purposes.

The following amendment was read and adopted:
Committee on Rules moves to amend HR 223 as follows:
By striking last paragraph in its entirety and substituting in lieu thereof the following:
"NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF GEORGIA that a sub-committee is hereby created to study the production of milk as hereinabove enumerated for a total not to exceed ten (10) days. There shall be a total of six (6) members appointed by the Speaker. The members shall be compensated as provided by law. Such Committee shall make its report to the 1962 Session of the General Assembly."

The Resolution, as amended, was adopted.

Mr. Raulerson of Echols moved that the House adjourn until 10:00 o'clock tomorrow morning and the motion prevailed.

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

1064

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia Thursday, March 2, 1961

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

Prayer was offered by the Chaplain, Rev. Jake Lackey, Pastor of the First Methodist Church, Ellaville, Georgia.

By unanimous consent the call of the roll was dispensed with.
Mr. Black of Webster, Chairman of the Committee on Auditing, Enrolling, Engrossing and Journals reported that the Journal of the previous legislative day 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 uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions.

The following report of the Committee on Rules was read and adopted:

Mr. Speaker:

Your Committee on Rules met and fixed the calendar for today's business, Thursday, March 2, 1961, and submits the following:

1. HB

81. Motor Vehicles, annual inspection

2. HB 154. Appeals in Civil Cases

3. HB 229. Board of Psychologists, amend

4. HB 263. Compulsory school attendance, repeal

5. HB 269. State Examining Board, additional points

6. HB 327. Billiards, define

7. HB 250. Operation of Pharmacy

8. HR 127-383. Relieve Wallace Pryor as surety

9. HB 386. Board of Funeral Service, amend

THURSDAY, MARCH 2, 1961

1065

10. HB 389. Establishment of housing authorities, amend 11. HB 392. Peace Officers' Annuity, amend 12. HR 144-415. Motorboat numbering act, confirm 13. HB 458. Credit for time in General Assembly 14. HB 467. Relating to custody of children 15. HB 494. Members of Military, absentee voting 16. HB 537. State Board of Education, lease property 17. HB 540. Georgia Safety Fire Commissioner, amend 18. HB 543. Pest Control Act, amend 19. HR 186-577. Compensate V. H. Puckett 20. HR 176-538. Liberty County, Exchange property 21. HR 187-599. Motor Vehicle, license plate 22. HB 624. Agricultural products, define 23. HB 639. Game and Fish Commission, purchase vehicles 24. HR 214-642. Commission on State Sovereignty 25. HR 215-642. White House of Augusta, funds 26. HB 656. Credit points to veterans 27. HB 657. Barbers and hairdressers, amend 28. HB 670. Milk products, regulate sale 29. HB 293. Eminent Domain.

The Speaker shall have the right to call the above Bills and Resolutions in any order which he may desire.
Twitty of Mitchell, Vice-Chairman Undercofler of Sumter, Secretary

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

HB 700. By Messrs. Rogers of Paulding, Parker and Hodges of Ware:
A Bill to be entitled an Act to provide for the establishment of a division in the Department of Labor to be known as the "Safety Divi sion"; and for other purposes.
Referred to the Committee on Industrial Relations.

HR 239-700. By Mr. Bynum of Rabun:
A Resolution to compensate Virgil Coker Tire Company; and for other purposes.
Referred to the Committee on Appropriations.

1066

JOURNAL OF THE HOUSE,

HB 701. By Messrs. Smith and McClelland of Fulton:
A Bill to be entitled an Act to establish a new retirement system for all county employees including employees of the Board of Education of Fulton County and the Board of Public Welfare of Fulton County; and for other purposes.
Referred to the Committee on Local Affairs.

HR 240-701. By Mr. Barber of Jackson:
A Resolution creating the Public Health Laws Revision Committee; and for other purposes. Referred to the Committee on Rules.
HR 2GO-701. By Mr. Horton of Putnam:
A Resolution Proposing an amendment to the Constitution so as to provide for the election of the members of the Board of Education of Putnam County by the people; to provide for the election of the Chair man; to provide for the filling of vacancies on the Board; to provide for the submission of this amendment for rejection or ratification; and for other purposes.
Referred to the Committee on Local Affairs.

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

HB 697. By Mr. Paris of Barrow: A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Roads and Revenues for Barrow County; and for other purposes.
HR 237-697. By Mr. Smith of Brantley: A Resolution compensating Gabriel L. Strickland; and for other pur poses.
HR 238-697. By Messrs. Mackay, Howard and Rutland of DeKalb:
A Resolution to compensate A. W. Ledford; and for other purposes.
HB 698. By Messrs. Story and Morgan of Gwinnett: A Bill to be entitled an Act to incorporate the City of Suwanee; to provide a municipal government therefor; to define the name, style and corporate limits of said City; and for other purposes.

THURSDAY, MARCH 2, 1961

1067

HB 699. By Messrs. Duncan and Waldrop of Carroll:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Carrollton; and for other purposes.

SB 147. By Senator Sanders of the 18th:
A Bill to be entitled an Act to amend an Act creating the Peace Officers' Annuity and Benefit Fund, so as to change the provision relating to the sums remitted to the fund; and for other purposes.

SB 151. By Senators Lambert of the 28th and Gardner of the 47th:
A Bill to be entitled an Act to amend an Act entitled "An Act to pro vide for the holding of bar examinations in this State, to repeal all laws in conflict therewith, and for other purposes,", as amended, to repeal conflicting laws; and for other purposes.

SB 153. By Senator Lambert of the 28th:
A Bill to be entitled an Act to amend Code Section 114-421, relating to the appointment of guardians for claimants by the Workmen's Compensation Board, so as to provide for the appointment of guardians for incompetent claimants; and for other purposes.

SB 156. By Senator Johnson of the 46th:
A Bill to be entitled an Act to amend an Act relating to motor vehicle licenses, as amended, so as to change the basis on which trucks, tractors, trailers, and semi-trailers, whether for hire or private, are taxed an nually; and for other purposes.

SB 158. By Senator Knox of the 54th:
A Bill to be entitled an Act to amend an Act creating a Department of Public Safety, so as to provide that radio technicians of the Depart ment of Public Safety though not members of the uniform battalion shall be compensated at a sum of $344.00 per month; and for other purposes.

Mr. Ray of Warren County, Chairman of the Committee on Appropriations, submitted the following report:
Mr. Speaker:
Your Committee on Appropriations has had under consideration the follow ing Resolution of the House and has instructed me as Chairman, to report the same back to the House with the following recommendation:
HR 140-408. Do Pass.
Respectfully submitted,
Ray of Warren, Chairman.

1068

JOURNAL OF THE HOUSE,

Mr. Underwood of Montgomery 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 Senate and has instructed me as Chairman, to report the same back to the House with the following recom mendations :

HB 618. Do Pass.

HB 644. Do Pass.

HB 645. Do Pass.

HB 646. Do Pass.

HB 647. Do Pass.

HB 649. Do Pass.

HB 651. Do Pass.

HB 652. Do Pass.

HB 673. Do Pass.

HB 675. Do Pass.

HB 676. Do Pass.

HB 686. Do Pass.

HB 687. Do Pass.

HB 688. Do Pass.

HB 690. Do Pass.

HB 693. Do Pass.

HB 694. Do Pass.

HB 696. Do Pass.

HB 698. Do Pass.

HR 236-694. Do Pass.

SB

21. Do Pass.

SB

22. Do Pass.

SB

68. Do Pass.

SB

75. Do Pass.

SB

138. Do Pass.

SB

146. Do Pass.

HB 619. Do Pass as Amended.

HB 653. Do Pass as Amended.

THURSDAY, MARCH 2, 1961

1069

HB 681. Do Pass as Amended. HB 692. Do Pass as Amended.
HB 697. Do Pass as Amended.
HB 615. Do Pass by Substitute.
HB 689. Do Pass by Substitute. Respectfully submitted, Underwood of Montgomery, Chairman.

Mr. Underwood of Montgomery 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 Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:

HB 677. Do Pass as Amended.

HB 695. Do Pass.

SB 126. Do Pass.

SB 127. Do Pass.

SB 149. Do Pass.

SB 150. Do Pass.

SB 125. Do Pass.

SB 137. Do Pass.

SB 145. Do Pass.

Respectfully submitted,
Underwood of Montgomery, Chairman.

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

Mr. Speaker:

Your Committee on State of Republic has had under consideration the fol lowing 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 :

SB 114. Do Pass.

HB 390. Do Pass.

HR 202. Do Pass.

Respectfully submitted,

McCracken of Jefferson, Chairman.

1070

JOURNAL OF THE HOUSE,

Mr. Cox of Clarke County, Chairman of the Committee on Institutions 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

53. Do Pass.

HR 176-538. Do Pass.

HR 234-694. Do Pass.

%

Respectfully submitted,

Cox of Clarke, Chairman.

Mr. Bolton of Spalding County, Chairman of the Committee on Special Judiciary, submitted the following report:
Mr. Speaker:
Your Committee on Special Judiciary has had under consideration the fol lowing Bills of the Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
SB 58. Do Pass.
SB 55. Do Pass.
Respectfully submitted,
Bolton of Spalding, 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 Resolution of the Senate and has instructed me as Chairman, to report the same back to the House with the following recommendation:
SR 8. Do Pass.
Respectfully submitted,
Blalock of Clayton, Chairman.

The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the follow ing Bills and Resolutions of the House to wit:

THURSDAY, MARCH 2, 1961

1071

HB 153. By Mr. Kidd of Baldwin:
A Bill to amend an Act known as the Georgia Prison Industries Act, so as to permit the State Board of Corrections to manufacture and sell certain items for resale to any Veterans' Organization; to provide for the use of the proceeds from such sales; and for other purposes.

HB 348. By Mr. Puqua of Richmond:
A Bill to insure the collection of taxes from non-residents engaging in the business of contracting in this State; to provide for the registration of non-resident contractors; to provide for the filing of a bond and a consent to service of process; and for other purposes.

HB 361. By Mr. Clarke of Monroe:
A Bill to amend an Act relating to the incorporation of the City of Forsyth; to provide for a change in the distance from the corporate limits of the City of Forsyth over which said city shall have authority to construct, maintain and operate water lines; and for other purposes.

HB 364. By Mr. Brooks of Fulton:
A Bill to amend an Act to establish a new charter for the City of Atlanta relating to an annual ad valorem tax for the support of public schools and for other educational purposes; and for other purposes.

HB 415. By Mr. Keadle of Lamar:
A Bill to amend an Act creating the office of Tax Commissioner of Lamar County; and for other purposes.

HB 436. By Messrs. Brooks, Smith and McClelland of Fulton:
A Bill to amend an Act establishing a new charter for the City of Fairburn, so as to close certain streets; and for other purposes.

HB 438. By Messrs. Pickard, Dicus and Wickham of Muscogee:
A Bill to confer upon Muscogee County the right and power to condemn private property; any right or rights therein for the purpose of small watershed projects, watershed protection flood control for public parks and public recreational facilities in connection with the development or construction of any such project; and for other purposes.

HB 457. By Messrs. McClelland, Brooks and Smith of Fulton:
A Bill to amend an Act to create the City of Atlanta, so as to authorize the City of Atlanta and Fulton County to contract with said authority and in connection therewith to issue bonds for the purpose of meeting any obligation undertaken by said City or County jointly or in con nection with said recreation authority; and for other purposes.
HB 475. By Mr. Barnett of Baker:
A Bill to amend an Act creating a Board of Commissioners of Roads and Revenues for Baker County; and for other purposes.

1072

JOURNAL OF THE HOUSE,

HB 480. By Mr. Keadle of Lamar:
A Bill to amend an Act to establish a new charter for the town of Milner, Lamar (formerly Pike) County; and for other purposes.

HB 512. By Messrs. Waldrop and Duncan of Carroll:
A Bill to amend an Act creating and adopting a new charter for the Town of Temple; and for other purposes.

HB 513. By Mr. Singer of Stewart:
A Bill to amend an Act creating a new charter for the City of Lumpkin, so as to change the corporate limits of said City; and for other purposes.

HB 516. By Messrs. Dollar and Taylor of Decatur:
A Bill to amend an Act relating to the compensation of the Treasurer of Decatur County; and for other purposes.

HB 521. By Messrs. Willingham, Teague and Wilson of Cobb:
A Bill to amend an Act establishing a new charter for the City of Acworth, so as to extend the present corporate limits of said city to include therein certain territory in the County of Cobb contiguous and adjacent to the north and east boundaries thereof; and for other pur poses.

HB 522. By Messrs. Willingham, Teague and Wilson of Cobb:
A Bill to amend an Act creating a new charter for the City of Smyrna, so as to increase the corporate limits; and for other purposes.

HB 523. By Messrs. Willingham, Wilson and Teague of Cobb:
A Bill to amend an Act incorporating the City of Powder Springs, so as to change the corporate limits; and for other purposes.

HB 526. By Messrs. Fleming, Hull and Fuqua of Richmond:
A Bill to amend an Act to establish the City Court of Richmond County; and for other purposes.

HB 528. By Messrs. Hull, Fleming and Fuqua of Richmond:
A Bill to change from the fee to the salary system in certain counties having a population of not less than 135,000 the Clerk of the Superior Court, the Sheriff, the Ordinary, the Tax Collector, the Tax Receiver and Treasurer; and for other purposes.

HB 529. By Messrs. Fleming, Hull and Fuqua of Richmond:
A Bill to repeal an Act entitled "An Act to incorporate the village of Nellieville, in the County of Richmond"; and for other purposes.

THURSDAY, MARCH 2, 1961

1073

HB 530. By Messrs. Fleming, Hull and Fuqua of Richmond:
A Bill to provide for the appointment of a first assistant solicitorgeneral, a second assistant solicitor-general and two stenographerclerks in the office of the solicitor-general in counties having a certain population; and for other purposes.

HB 531. By Messrs. Fleming, Hull and Fuqua of Richmond:
A Bill to provide that the coroner in certain counties shall be paid a salary in lieu of the fees allowed by law; and for other purposes.

HB 532. By Messrs. Fleming, Hull and Fuqua of Richmond:
A Bill to provide for the appointment of a secretary to serve the judges of the City courts in certain counties; and for other purposes.

HB 538. By Messrs. Pickard, Wickham and Dicus of Muscogee:
A Bill vesting in the City of Columbus fee simple title to a certain tract of land in said City; and for other purposes.

HB 541. By Mr. Summers of Crisp:
A Bill to amend an Act creating and establishing a new charter for the City of Cordele, so as to authorize the City of Cordele to close and sell a certain alley; and for other purposes.

HB 547. By Messrs. Andrews and Williams of Hall:
A Bill to amend the charter of the City of Gainesville with respect to dates for returning and paying ad valorem taxes in the City of Gaines ville; and for other purposes.

HB 548. By Messrs. Andrews and Williams of Hall:
A Bill to amend the Civil Service Act of 1960 for the City of Gaines ville, by providing that applicants for positions as office employees in the Classified Service of the City may be between the ages of 18 and 35 rather than 21 and 35; and for other purposes.

HB 550. By Mr. Mixon of Irwin:
A Bill to amend an Act to incorporate the City of Ocilla; and for other purposes.

HB 551. By Mr. Mixon of Irwin:
A Bill to amend an Act to incorporate the City of Ocilla relating to water and gas systems; and for other purposes.

HB 553. By Messrs. Taylor, Phillips and Thornton of Bibb:
A Bill authorizing the City of Macon, through its governing authority, to close for street purposes all that portion of the two-foot alley known as Orange Street Lane in Square 82 of said City; and for other pur poses.

1074

JOURNAL OP THE HOUSE,

HB 555. By Messrs. Ware and Birdsong of Troup:
A Bill to amend an Act creating a new charter for the City of West Point; and for other purposes.

HB 557. By Messrs. Dicus, Pickard and Wickham of Muscogee:
A Bill to authorize the construction, establishment and maintenance of a new law library and facilities in counties having a population of not less than 150,000 nor more than 175,000, for the use of judges, solicitors, and other officers of the courts of said counties; and for other purposes.

HB 558. By Mr. NeSmith of Meriwether:
A Bill to amend an Act incorporation of the City of Manchester to annex certain territory to the corporate limits; and for other purposes.

HB 562. By Messrs. Loggins and Floyd of Chattooga:
A Bill to amend the City Court of Chattooga County and create the office of City Court Solicitor in said County; and for other purposes.

HB 563. By Messrs. Loggins and Floyd of Chattooga:
A Bill to amend an Act to incorporate the Town of Menlo, in the County of Chattooga; and for other purposes.

HB 564. By Messrs. Floyd and Loggins of Chattooga:
A Bill to consolidate all of the Laws chartering the City of Summerville; and for other purposes.

HB 565. By Messrs. Lee and Blalock of Clayton:
A Bill to amend an Act incorporating the Town of Forest Park, now City of Forest Park; and for other purposes.

HB 566. By Messrs. Lee and Blalock of Clayton:
A Bill to amend an Act incorporating the City of Morrow; and for other purposes.

HB 572. By Mr. Brooks of Oglethorpe:
A Bill to amend an Act creating the Office of Commissioner of Roads and Revenues for Oglethorpe County; and for other purposes.

HB 578. By Messrs. Story and Morgan of Gwinnett:
A Bill to amend an Act to create a new charter for the City of Norcross, so as to extend the corporate limits; and for other purposes.

HB 579. By Messrs. Story and Morgan of Gwinnett:
A Bill to amend an Act creating the Office of Tax Commissioner of Gwinnett County; and for other purposes.

THURSDAY, MARCH 2, 1961

1075

HB 527. By Messrs. Fleming, Hull and Fuqua of Richmond:
A Bill to revise, consolidate and clarify the laws relating to the Municipal Court of the City of Augusta; and for other purposes.

HR 55 By Mr. Williams of Hall:
A Resolution to compensate Hubert Kidd (State Forestry Commission) ; and for other purposes.

HR 66. By Mr. Boggs of Madison:
A Resolution to compensate Fish Howard (Georgia Forestry Comm.) ; and for other purposes.

HR 81. By Mr. Watson of Houston: A Resolution to compensate Mr. H. L. Hackney; and for other purposes.

HR 89. By Messrs. McGarity of Henry, Fowler of Douglas and others:
A Resolution so as to provide compensation for Mrs. May Lee; and for other purposes.

HR 91. By Messrs. Williams and Andrews of Hall: A Resolution compensating Pairlon B. Bennett; and for other purposes. (St. Hwy. Dept.)
HR 93. By Messrs. Andrews and Williams of Hall:
A Resolution to compensate Mrs. Frances S. Ivey; and for other pur poses. (St. Hwy. Dept.)
HR 95. By Mr. Horton of Putnam:
A Resolution to compensate Joseph Paul Larman; and for other pur poses. (St. Hwy. Dept.)
HR 167. By Messrs. Cox and Matthews of Clarke:
A Resolution authorizing the conveyance of property to Clarke County; and for other purposes.
HR 179. By Messrs. Story and Morgan of Gwinnett: A Resolution authorizing and directing the State Librarian to furnish certain law books to the Clerk of the Superior Court and the Ordinary of Gwinnett County; and for other purposes.
HR 180. By Mr. McCutchen of Gilmer:
A Resolution authorizing and directing the State Librarian to furnish certain law books for the Clerk of the Superior Court of Gilmer County; and for other purposes.
The Senate has passed as amended by the requisite constitutional majority the following Bills of the House to wit:

1076

JOURNAL OP THE HOUSE,

HB 140. By Messrs. Scoggin of Ployd, Willingham of Cobb and others:
A Bill to amend an Act so as to provide a new schedule of deductions for "medical and dental care"; to amend and clarify the net operating loss carry-back and carry-over section; to allow certain deductions to persons, firms, or corporations engaged in developing oil and gas properties; and for other purposes.

HB 549. By Messrs. Andrews and Williams of Hall:
A Bill to amend the charter of the City of Gainesville, by changing the corporate limits by annexing thereto a portion of U. S. Highway No. 129 and property acquired and to be acquired by the City of Gaines ville for public school purposes; and for other purposes.

The Senate has passed by substitute by the requisite constitutional majority the following bills of the House to wit:

HB 211. By Messrs. Kidd and Chandler of Baldwin:
A Bill to amend an Act so as to provide that the salary of officials or employees of an incorporated town, city, county or State government may be garnished; and for other purposes.

HB 571. By Messrs. Rutland, Howard and Mackay of DeKalb:
A Bill to amend an Act relating to Coroners in certain counties; and for other purposes.

The Senate has passed as amended by the requisite constitutional majority the following Bills of the House to wit:

HB 502. By Messrs. Phillips, Thornton and Taylor of Bibb:
A Bill to amend the Charter of the City of Macon; to provide for procedures connected therewith; and for other purposes.

HB 505. By Mr. Lovett of Laurens:
A Bill to amend an Act creating a new charter for the City of Dublin, so as to extend the corporate limits 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 follow ing Bills of the Senate to wit:

SB 118. By Senator Owens of the 32nd: A Bill to be known as "The County Official Public Responsibility Act"; to provide for procedures connected therewith; and for other purposes.
The Senate agrees to the House amendment to SB 35.

THURSDAY, MARCH 2, 1961

1077

SB 35. By Senator Sanders of the 18th and Clary of the 29th:
A Bill to add one additional Judge of the Superior Court for the Augusta Judicial Circuit of Georgia, so as to make three judges in said court to provide for the election and term of office of said judge, and fix a time at which he shall begin his term of office; to provide for the procedure connected therewith; and for other purposes.

SB 51. By Senator Sanders of the 18th and Claxton of the 21st:
A Bill to amend an Act reorganizing the State Department of Law, approved Feb. 18, 1943 (Ga. L. 1943, p. 284), as amended; to repeal conflicting laws; 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 618. By Messrs. Mackay, Howard and Rutland of DeKalb:
A Bill to amend an Act relating to pensions to members of the county police department so as to change the population figures to "500,000"; and for other purposes.

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

On the passage of the Bill, the ayes were 120, nays 0.

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

HB 644. By Messrs. Mackay, Howard and Rutland of DeKalb:
A Bill to provide for the collection of costs for the performance of offi cial duties by Clerks of the Superior Courts in counties having a cer tain 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 120, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 645. By Messrs. McClelland, Brooks and Smith of Pulton: A Bill to make the execution of tax returns by taxpayers optional with the Tax Commissioner or Tax Receiver in certain counties; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 120, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

1078

JOURNAL OP THE HOUSE,

HB 646. By Messrs. McClelland, Brooks and Smith of Fulton:
A Bill to provide that certain counties may contract for additional group life insurance to a maximum of $10,000 on certain officers and 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 120, nays 0.

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

HB 647. By Messrs. McClelland, Brooks and Smith of Fulton:
A Bill to provide that in certain counties the Tax Commissioner or Tax Collector may make the sale of fi. fas. optional; and for other purposes.

The report 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 649. By Messrs. McClelland, Brooks and Smith of Fulton:
A Bill to provide that in certain counties the Tax Collector or Tax Commissioner shall retain the physical custody of all tax deeds as agent for the grantee; and for other purposes.

The report 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 651. By Messrs. Brooks, McClelland and Smith of Fulton:
A Bill to amend an Act providing pensions for teachers and employees of the Fulton County Board of Education so as to limit payment of pensions to those who were members of the pension fund at the time of the approval 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 120, nays 0.

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

THURSDAY, MARCH 2, 1961

1079

HB 652. By Messrs. Brooks, McClelland and Smith of Pulton:
A Bill to provide that the Chief Deputy Clerk of the Superior Court of Fulton County may serve as administrative officer of such 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 120, nays 0.

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

HB 673. By Mr. Barber of Jackson:
A Bill to provide for decreasing the corporate limits of the City of Hoschton; and for other purposes.

The report 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 675. By Mr. Barber of Jackson:
A Bill to provide for decreasing the corporate limits of the City of Braselton; and for other purposes.

The report 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 676. By Messrs. Scoggin, Lowrey and Hall of Floyd:
A Bill to provide that in certain counties all violations of traffic laws shall be tried in the City Court; and for other purposes.

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

On the passage of the Bill, the ayes were 120, nays 0.

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

HB 686. By Messrs. Poole of Pickens and Barrett of Cherokee:
A Bill to change the rate of tax levy for certain purposes in the City of Nelson; and for other purposes.

1080

JOURNAL OF THE HOUSE,

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

On the passage of the Bill, the ayes were 120, nays 0.

The Bill, having received the requisite constitutional majorrty, was passed.

HB 687. By Mr. Barrett of Cherokee:
A Bill to amend an Act so as to clarify the provisions relating to the formation of a county police department for Cherokee County; and for other purposes.

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

On the passage of the Bill, the ayes were 120, nays 0.

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

HB 688. By Mr. Barrett of Cherokee: A Bill to provide for changing the corporate limits of the City 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 120, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 690. By Mr. Barrett of Cherokee: A Bill to change the procedure of electing the mayor and councilmen of the City 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 120, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 693. By Messrs. Matthews and Cox of Clarke:
A Bill to change the compensation of the members of 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.

THURSDAY, MARCH 2, 1961

1081

On the passage of the Bill, the ayes were 120, nays 0.

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

HB 694. By Messrs. Cox and Matthews of Clarke:
A Bill to change the compensation of the Judge and of the Solicitor of the City Court of Athens; and for other purposes.

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

On the passage of the Bill, the ayes were 120, nays 0.

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

HB 695. By Messrs. Howard, Mackay and Rutland of DeKalb:
A Bill to repeal an Act relating to the recording of plats and sub dividing of lands in certain counties; and for other purposes.

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

On the passage of the Bill, the ayes were 120, nays 0.

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

HB 69*6. By Messrs. Howard, Mackay and Rutland of DeKalb: A Bill to authorize certain counties to acquire through the exercise of eminent domain private property for fire station sites; and for other purposes.

The report 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 681. By Messrs. Smith and McClelland of Fulton:
A Bill to provide additional pension benefits for members of fire de partments of certain cities who have served in excess of 30 years; and for other purposes.
The following committee amendment was read and adopted:
The Committee on Local Affairs moves to amend HB 681 by delet ing the last sentence in Section (d) of page 2, which reads as follows:
"As to those subsequently coming into the service of the city,

1082

JOURNAL OP THE HOUSE,

the payments shall begin with the employment or qualification for service."

The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to.

On the passage of the Bill, the ayes were 120, nays 0.

The Bill, having received the requisite constitutional majority, was passed, as amended.

HB 692. By Messrs. Brooks, McClelland and Smith of Pulton:
A Bill to provide for the examination of master and journeyman plumbers and master and journeyman steamfitters in certain counties; and for other purposes.

The following Committee amendment was read and adopted:

The Committee on Local Affairs moves to amend HB 692 as follows:

By renumbering Section 15 of said Bill so that when renumbered said Section will be Section 16.

By adding to said Bill a new Section to be known as Section 15 to read as follows:

"Section 15. None of the provisions of this Act shall apply

within the corporate limits of any municipality in this State lying

within a county or counties having a population of 400,000 inhabi

tants or more according to the United States Decennial Census of

1960, or any future census."



The report of the committee, which was favorable to the passage of the Bill, as amended, was agreed to.

On the passage of the Bill, as amended, the ayes were 120, nays 0.

The Bill, having received the requisite constitutional majority, was passed, as amended.

HB 619. By Messrs. Howard, Rutland and Mackay of DeKalb:
A Bill to amend an Act so as to prescribe the salary for Chairman of the Board of Commissioners of Roads and Revenues of DeKalb County; and for other purposes.
The following committee amendment was read and adopted:
The Committee on Local Affairs moves to amend HB 619 as fol lows:
By deleting from Section I thereof the following:
"No member of the Board of Commissioners of Roads and Revenues whose term of office does not expire in the year in which

THURSDAY, MARCH 2, 1961

1083

an election is held for office of Chairman shall be qualified to be a candidate for the office of Chairman unless he shall have first submitted his resignation as a member of the Board of Commis sioners of Roads and Revenues on or before March 1st, to be effec tive on or before December 31, of the year in which the election for Chairman is held."
And inserting in lieu thereof the following;
"No member of the Board of Commissioners of Roads and Revenues whose term of office does not expire in the year in which an election is held for office of Chairman shall be qualified to be a candidate for the office of Chairman unless he shall have first submitted his irrevocable resignation as a member of the Board of Commissioners of Roads and Revenues to the Ordinary of the County and the Chairman of the Board of Commissioners on or before March 1st, to be effective on or before December 31, of the year in which the election for Chairman is held, at which time his office shall be deemed vacant. The vacancy thus created subsequent to said December 31 shall be filled by election in the same manner as prescribed by law for the election of members of the General Assembly."
The report of the committee, which was favorable to the passage of the Bill, as amended, was agreed to.
On the passage of the Bill, as amended, the ayes were 120, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.

HB 653. By Messrs. Brooks, McClelland and Smith of Fulton:
A Bill to provide that Community Centers may be operated by Fulton County under the direction of the County Agricultural Agent; and for other purposes.
The following committee amendment was read and adopted:
The Committee on Local Affairs moves to amend HB 653 by strik ing from Section 1, line 7, the figures "12" and inserting in lieu thereof the figures "13".

The report of the committee, which was favorable to the passage of the Bill, as amended, was agreed to.
On the passage of the Bill, as amended, the ayes were 120, nays 0.

The Bill, having received the requisite constitutional majority, was passed, as amended.
HB 677. By Messrs. Birdsong and Ware of Troup:
A Bill to provide for the power of eminent domain and condemnation by the City of LaGrange; and for other purposes.

1084

JOURNAL OF THE HOUSE,

The following committee amendment was read and adopted:
The Committee on Local Affairs moves to amend HB 677 as follows:
By adding at the end of Section 40-B, which is quoted in Section 1 of said Bill, the following sentence:
"The power and authority granted by this Section shall be exercised only within Troup County and shall not under any cir cumstances be exercised within the corporate limits of any other municipal corporation within Troup County."

The report of the committee, which was favorable to the passage of the Bill, as amended, was agreed to.

On the passage of the Bill, as amended, the ayes were 120, nays 0.

The Bill, having received the requisite constitutional majority, was passed, as amended.

HB 615. By Messrs. Howard, Rutland and Mackay of DeKalb:
A Bill to provide for the salaries of the judges and solicitor of the Civil Court of DeKalb County; and for other purposes.

The following substitute, offered by the Committee on Local Affairs, was read and adopted:
A BILL
To be entitled an Act to amend an Act approved February 14, 1951
(Ga. L. 1951, p. 2401), creating and establishing the Civil Court of DeKalb County and all acts amendatory thereof so as to provide for the salaries of the judges; to provide for the salaries of the solicitor; to provide for the salaries of the clerk and marshal of said court; to provide for the appointment of an assistant solicitor, and to fix the salaries of the assistant solicitors of said court; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA as follows:
SECTION 1
It is hereby enacted by authority of the same that an Act approved February 18, 1960, p. 2166, amending said original Act creating the Civil Court of DeKalb County, be and the same is hereby amended as follows:
By striking Section 4 of said Act of 1960 in its entirety and in serting in lieu thereof a new section to read as follows:
"The said judges of said court shall be paid a salary in the sum of $14,000.00 per annum, to be paid monthly, out of the County Treasury."
SECTION 2
Be it further enacted by authority of aforesaid that Section five of the Act of 1960, p. 2166 be amended by striking said section in its

THURSDAY, MARCH 2, 1961

1085

entirety and substituting in lieu thereof a new section to read as follows:
"There shall be a Solicitor for the Civil and Criminal Court of DeKalb County whose duty it shall be to represent the State in all prosecutions pending therein and all matters in which it is the duty of the Solicitor General of the Superior Courts of said State to represent the State. Said Solicitor shall be that person who has previously been elected or appointed to the position of Solicitor of the Civil and Criminal Court of DeKalb County and who on said date is qualified and serving as such, and his successor in office thereafter. Said Solicitor shall continue in office as such until the expiration of the term to which he has been elected or appointed prior to the effective date of this Act. The Solicitor of the Civil and Criminal Court of DeKalb County shall be elected by the people of DeKalb County in the general election held in and for said County next preceding the expiration of the term of said Solicitor. The term of office of said Solicitor shall be four years, or until his successor is elected and qualified. The Commis sion shall issue from the Governor upon a certificate from the Ordi nary of DeKalb County as to his having been elected as Solicitor of said County. The salary of the Solicitor of the Civil and Criminal Court of DeKalb County shall be $11,000.00 per annum, payable monthly out of the County Treasury as an expense of the Court."
Said salary shall be in lieu of any and all fees of said solicitor as provided by law. The solicitor of the Civil and Criminal Court of DeKalb County shall have been a resident and elector of DeKalb County, Georgia, for at least one year immediately preceding his election or appointment, and shall have been engaged in the practice of law at least three years next preceding his election or appointment hereunder and shall be at least twenty-five years of age."
SECTION 3
Be it further enacted by authority aforesaid that Section 6 of the Acts of 1960, page 2166, be amended by striking said section in its entirety and the following be inserted in lieu thereof, said section to read as follows:
"Be it further enacted by authority aforesaid, and it is hereby enacted by authority of the same, the present assistant solicitor of the Civil and Criminal Court of DeKalb County shall be named and re ferred to as the First Assistant Solicitor of said Court. The salary of said First Assistant Solicitor shall be fixed by the Board of Com missioners of Roads and Revenue of DeKalb County at not less than $7500.00 per annum, payable monthly, out of the County Treasury as an expense of the Court."
SECTION 4
Said Act is further amended by striking Section 7 of the Acts of 1960, page 2166, in its entirety and inserting in lieu thereof the fol lowing :
"Be it further enacted by authority aforesaid the salary of the Clerk of the Civil and Criminal Court of DeKalb County shall be fixed by the Board of Commissioners of Roads and Revenue of DeKalb County at not less than $8220.00 per annum."

1086

JOURNAL OF THE HOUSE,

"Be it further provided that the Marshal of said Court shall be paid a salary fixed by the Board of Commissioners of Roads and Reve nue of DeKalb County at not less than $7820.00 per annum, said salaries to be paid monthly, out of the Treasury of DeKalb County as an expense of the Court."
SECTION 5
Be it further enacted that from and after the passage and ap proval of this Act, the solicitor of the Civil and Criminal Court of DeKalb County shall have authority to appoint an additional assistant solicitor for said Court subject to the approval of the judges thereof. He may be removed by the concurrent action of the judges and solicitor, and the qualifications and duties for the office of said assistant solici tors shall be the same as those of the solicitor of said Court. The salary of the said additional solicitor shall be fixed by the Board of Commissioners of Roads and Revenue of DeKalb County at not less than $6,000.00 per annum, to be paid monthly, out of the County Treasury as an expense of the Court.
SECTION 6
If any part of section of this Act shall be declared unconstitutional by any court of competent jurisdiction, such ruling shall not affect the validity of the remaining parts, sections or portions of the Act, it being the legislative intent to enact each part and each section hereof separately.
SECTION 7
All laws and parts of laws in conflict with this Act are hereby repealed.
SECTION 8
This Act shall become effective upon its passage and approval.

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 689. By Mr. Barrett of Cherokee:
A Bill to change the term of office of the Mayor of the City of Canton; and for other purposes.

The following substitute, offered by the Committee on Local Affairs, was read and adopted:
A BILL
To be entitled an Act to amend an Act creating a new charter for the City of Canton (formerly the Town of Canton) (Georgia Laws 1922, p. 604) so as to change the term of office of the Mayor; to change the

THURSDAY, MARCH 2, 1961

1087

compensation of the Mayor and Councilmen; 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 Canton (formerly the Town of Canton) (Georgia Laws 1922, p. 604), is hereby amended by striking therefrom Section 12 in its entirety and substituting in lieu thereof a new Section 12, which shall read as follows:
"Section 12. The government of the City of Canton shall be vested in a Mayor and six (6) Councilmen. Beginning on the sec ond Saturday in December, 1961, an election for the Mayor and the position of the three (3) Councilmen whose terms expire De cember 31, 1961 shall be held. Both the Mayor and Councilmen then elected shall serve for a term of two (2) years. Those councilmen whose terms do not expire until December 31, 1962, shall continue until that time and their positions shall be filled at an election held on the second Saturday in December, 1962. There after, there shall be an election each year on the second Saturday in December to fill those vacancies occurring by expiration. This body while sitting shall be known as the Mayor and Council."
SECTION 2
Said Act is further amended by striking from Section 18 thereof the word "two" wherever it occurs and substituting in lieu thereof the word "five" and by striking the word "twenty-five" wherever it occurs and substituting in lieu thereof the words "one hundred" so that Section 18 when so amended, shall read as follows:
"Section 18. Be it further enacted, That any person shall be eligible to the office of Mayor and Councilmen who has been a resi dent of the town one year, is twenty-one years old, and has paid all taxes due said Town of Canton. The Mayor may receive a salary not exceeding five hundred dollars, and each Councilman may receive a salary not exceeding one hundred dollars per annum; provided the same be fixed by ordinance and not changed so as to affect anyone during his term of office."
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 ayes were 120, nays 0.

The Bill, having received the requisite constitutional majority, was passed, by substitute.

1088

JOURNAL OF THE HOUSE,

HR 236-694. By Messrs. Phillips, Thornton and Taylor of Bibb:

A Resolution authorizing the State Librarian to furnish certain law

books to the Judgeship of the Macon Judicial Circuit; and for other

purposes.

,

The report 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 78-226. By Mr. Vaughn of Rockdale:
A RESOLUTION
Proposing an amendment to the Constitution of the State of Geor gia so as to authorize the General Assembly to empower the governing authority of Rockdale 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 the said governing authority and to provide penalties for violation of such ordinances; 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 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 paragraph, which shall read as follows:
"The General Assembly of the State of Georgia is hereby Author ized to empower the governing authority of Rockdale County, Georgia, to adopt ordinances or regulations 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 the said governing authority of Rockdale County, Georgia, and to provide penalties for violations of such ordinances."
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 to provide for

THURSDAY, MARCH 2, 1961

1089

the adoption of ordinances for policing of Rockdale County and enforce ment of County ordinances."
"Against ratification of amendment to the Constitution to provide for the adoption of ordinances for policing Rockdale County and en forcement of County ordinances."
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 results 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:

Abney Adams Akins Andrews of Hall Arnsdorff Ballard Barber Barnett of Wilkes Barnett of Baker Baughman Blalock Boggs Bolton Bowen of Randolph Bowen of Toombs Branch Brooks of Oglethorpe Brooks of Fulton Brown Budd Busbee Carswell Chance Chandler Clark of Catoosa Clarke of Monroe Cloer Cocke Collins

Cox Crowe Culpepper Davis Deen Dollar Dorminy Duncan of Pannin Duncan of Carroll Dunn Fitzgerald Flexer Flynt Fordham Fowler of Douglas Fowler of Treutlen Hale Harrell Henderson Howard Hull Jernigan Johnson Jones of Liberty Jones of Worth Jones of Lumpkin Jones of Sumter Jordan Keadle

Keyton Kidd Killian Killingsworth Kimmons Kirkland Lane Lanier
Lee Lewis Lokey Lovett Lowrey Massee Matthews of Clarke Matthews of Colquitt McCutchen McGarity Melton Milhollin Miller Mixon Moate Moore Moss Mullis Newton Odom Otwell

1090

JOURNAL OP THE HOUSE,

Pannell Paris Parker of Screven Parker of Appling Farmer Pay ton Pelham Phillips of Walton Phillips of Bibb Poole Potts Purcell Ray Roberts Rodgers of Charlton Roper Ross Rowland Sangster Scarborough

Sheffield Shuman Simmons Sinclair Smith of Grady Smith of Fulton Smith of Habersham Steis Stevens Strickland Stuckey Summers Tabb Tamplin Taylor of Dawson Taylor of Decatur Taylor of Bibb Teagle Thornton Todd

Tucker Twitty Undercofler Underwood of
Montgomery Underwood of Taylor Vaughn Waldrop Watson Wells of Peach Wells of Oconee Wells of Camden White Wickham Williams of Coffee Williams of Hall Woodward Young

Those not voting were Messrs:

Andrews of Stephens Barrett Birdsong Black Boyett Bozeman Brackin Bynum Caldwell Coker Conner Crawford Dickey Dicus Doster Echols Fleming Floyd Funk Fuqua Greene

Hall of Lee Hall of Floyd Hill Hodges Horton Hurst Joiner Kelly King Knight of Laurens Knight of Berrien Loggins Mackay McClelland McCracken McDonald Moorman Morgan Morris Murphy NeSmith

Parker of Ware Phillips of Columbia Pickard Raulerson Rogers of Paulding
Rutland Scoggin Simpson Singer Smith of Brantley Smith of Whitfield
Story Walker of Lowndes Walker of Telfair Ware Wilkes Willingham Wilson Mr. Speaker

On the adoption of the Resolution, the ayes were 144, nays 0.

The Resolution, having received the requisite two-thirds constitutional majority, was adopted.

HR 130-383. By Messrs. Phillips, Taylor and Thornton of Bibb:
A RESOLUTION
Proposing to the qualified voters of Bibb County an amendment to Article VII, Section I, Paragraph III of the Constitution of the State

THURSDAY, MARCH 2, 1961

1091

of Georgia of 1945, and as the same has been heretofore, or may be, contemporaneously with the ratification hereof, amended, so as to au thorize the governing authority of Bibb County to assess and collect license fees and taxes, both or either, from all persons, firms and corporations conducting business in any area of Bibb County outside the incorporated limits of municipalities, and to classify the same using therefor any reasonable factors of classification, including gross and net receipts, either or both; and authority to said governing authority to prescribe and enforce regulations concerning the same; to provide for the lien and collection of any such license fee or tax and the punish ment for failure to pay any such license fee or tax or the violation of any such regulation; to provide for submission of this amendment for ratification or rejection by the qualified voters of Bibb County; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA, and it is so resolved by authority of the same:
SECTION 1
That Article VII, Section I, Paragraph III of the Constitution of the State of Georgia of 1945, and as the same has been heretofore amended or may, contemporaneously with the ratification hereof, be amended, is hereby further amended by adding, at the end thereof, the following:
"Provided, however, that, in the interest of the welfare of Bibb County and its inhabitants, the governing authority of Bibb County may, in its discretion and from time to time, and without further authority than provided hereby and by ratification hereof:
"Prescribe, levy, assess and collect license fees and taxes, either or both, against and from all persons, firms and corporations con ducting business in any area of Bibb County outside the incor porated limits of municipalities, make classifications of the same and apply to such classifications different and varying license fees and taxes, using for any such classifications any reasonable factors, including the gross and net receipts, either or both, of any such business enterprise;
"Prescribe and enforce regulations concerning any of the afore said business enterprises or classifications of the same and the persons, firms and corporations conducting the same.
"Any such license tax and fee shall, from time it is prescribed, be a lien upon the assets and properties of the business to which it is applicable, and may be collected in the same manner as pro vided by law for the collection of ad valorem taxes due to Bibb County. Any person, firm or corporation violating any applicable regulation prescribed or failing to pay any applicable license fee or tax shall be subject to prosecution and punishment, as for a mis demeanor, in the City Court of Macon."
SECTION 2
Be it further resolved that when the above proposed amendment 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,

1092

JOURNAL OF THE HOUSE,

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 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 Bibb County to levy and col lect business license taxes and fees and prescribe and enforce regu lations, within that area of Bibb County lying outside the corporate limits of any municipality."
"Against ratification of amendment to the Constitution so as to authorize the governing authority of Bibb County to levy and collect business license taxes and fees and prescribe and enforce regulations, within that area of Bibb County lying outside the cor porate limits of any municipality."
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 and thereof.

The following amendment was read and adopted:
Mr. Thornton of Bibb moves to amend HR 130, as follows:
By striking from Section 1 the following:
"Prescribe, levy, assess and collect license fees and taxes, either or both, against and from all persons, firms and corporations con ducting business in any area of Bibb County outside the incorporated limits of municipalities",
and inserting in lieu thereof the following:
"Prescribe, levy, assess and collect license fees and taxes, either or both, against and from all persons, firms and corporations, (except those subject to regulation by the State Public Service Commission), conducting business in any area of Bibb County out side the incorporated limits of municipalities".

The report of the committee, which was favorable to the adoption of the Resolution, was agreed to, as amended.

On the adoption of the Resolution, as amended, the roll call was ordered and the vote was as follows:

THURSDAY, MARCH 2, 1961

1093

Those voting in the affirmative were Messrs.:

Abney Adams Akins Andrews of Hall Arnsdorff Ballard Barber Barnett of Wilkes Barnett of Baker Baughman Blalock Boggs Bolton Bowen of Randolph Bowen of Toombs Branch Brooks of Oglethorpe Brooks of Fulton Brown Budd Busbee Carswell Chance Chandler Clark of Catoosa Clarke of Monroe Cloer Cocke Collins Cox Crowe Culpepper Davis Deen Dollar Dorminy Duncan of Fannin Duncan of Carroll Dunn Fitzgerald Flexer Flynt Fordham Fowler of Douglas Fowler of Treutlen Hale Harrell Henderson Howard

Hull Jernigan Johnson Jones of Liberty Jones of Worth Jones of Lumpkin Jones of Sumter Jordan Keadle Keyton Kidd Killian Killingsworth Kimmons Kirkland Lane Lanier Lee Lewis Lokey Lovett Lowrey Massee Matthews of Clarke Matthews of Colquitt McCutchen McGarity Melton Milhollin Miller Mixon Moate Moore Moss Mullis Newton Odom Otwell Pannell Paris Parker of Screven Parker of Appling Farmer Payton Pelham Phillips of Walton Phillips of Bibb Poole Potts

Purcell Ray Roberts Rodgers of Charlton Roper Ross Rowland Sangster Scarborough
Sheffield Shuman Simmons Sinclair Smith of Grady Smith of Fulton Smith of Habersham Steis Stevens Strickland Stuckey Summers Tabb Tamplin Taylor of Dawson Taylor of Decatur Taylor of Bibb Teague Thornton Todd Tucker Twitty Undercofler Underwood of
Montgomery Underwood of Taylor Vaughn Waldrop Watson Wells of Peach Wells of Oconee Wells of Camden White Wickham Williams of Coffee Williams of Hall Woodward Young

Those not voting were Messrs.:

Andrews of Stephens Barrett

Birdsong Black

Boyett Bozeman

1094

JOURNAL OF THE HOUSE,

Brackin Bynum Caldwell Coker Conner
Crawford Dickey Dicus Doster Echols
Fleming Floyd Funk Fuqua Greene Hall of Lee Hall of Floyd Hill Hodges

Horton Hurst Joiner Kelly King
Knight of Laurens Knight of Berrien Loggins Mackay McClelland
McCracken McDonald Moorman Morgan Morris Murphy NeSmith Parker of Ware Phillips of Columbia

Pickard Raulerson Rogers of Paulding Rutland Scoggin
Simpson Singer Smith of Brantley Smith of Whitfield Story
Walker of Lowndes Walker of Telfair Ware Wilkes Willingham Wilson Mr. Speaker

On the adoption of the Resolution, as amended, the ayes were 144, nays 0.

The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted, as amended.

HR 162-453. By .Mr. Summers of Crisp:
A RESOLUTION
Proposing to the qualified voters of Crisp County an Amendment to Article VII, Section VII, Paragraph V, of the Constitution of Georgia of 1945, so as to authorize Crisp County to issue certain revenue anticipa tion obligations known as revenue bonds for the purposes therein stated.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1
Article VII, Section VII, Paragraph V, of the Constitution of the State of Georgia is hereby amended by adding at the end of Paragraph V the following:
Provided further, that revenue anticipation obligations herein called revenue bonds may be issued by Crisp County herein called the issuer, to provide funds for the purchase, construction, enlargement, or either of facilities, including land, buildings, appurtenances, machinery and equip ment, suitable for use by (a) any industry for manufacturing, process ing, or assembling any agricultural or manufactured product or (b) any commercial enterprise in storing, warehousing, distributing or selling products of agriculture, mining and industry, or any combination thereof. Such facilities may be leased or sold by the issuer to such industry or commercial enterprise upon such terms as may be agreed upon, subject to the lien of the revenue bonds upon the revenue of the facilities in volved. No sale shall be completed and title to the facility shall remain in the issuer until all revenue bonds outstanding secured by the revenue of such undertaking shall have been paid in full.

THURSDAY, MARCH 2, 1961

1095

The revenue bonds shall be payable, as to principal and interest, only from revenue received from such undertaking, and shall not be deemed debts of, or create debts against the issuer within the meaning of this Constitution; and the issuer shall not exercise the power of taxation for the purpose of paying the principal or interest of the revenue bonds or any part thereof. Such revenue bonds, their transfer the income there from, the security therefor, and until the payment in full of the obliga tion such facilities shall at all times be exempt from taxation from within the State. Bonds may be issued bearing rate or rates of interest and maturing at the years and amounts determined by the governing body of the issuer and when so authorized the procedure of validation, issu ance and delivery shall be in all respects in accordance with the Revenue Bond Law (Ga. L. 1937, p. 761) as amended, Code, Ann. Supp. Chapter 87-8, as if said obligations had been originally authorized to be issued thereunder. Upon the adoption of this amendment the issuer may pro ceed to comply with the provisions hereof immediately without any further action on the part of the General Assembly.
SECTION 2
When the above proposed amendment to the Constitution shall have been agreed to by two thirds of the members elected to each of the two branches of the General Assembly and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted to the voters 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 amend ment to Article VII, Section VII, Paragraph V, of the Constitution au thorizing Crisp County to issue revenue bonds for the purchase, con struction, lease and sale of facilities useful to industry or commerce."
"Against ratification of amendment to Article VII, Section VII, Paragraph V, of the Constitution authorizing Crisp County to issue reve nue bonds for the purchase, construction, lease and sale of facilities use ful to industry or commerce."
If a majority of the electors of said county qualified to vote for members of the General Assembly, voting thereon, shall vote for ratifi cation thereof, when the results shall be consolidated as now required by law in election for members of the General Assembly, the said amend ment shall become a part of Article VII, Section VII, Paragraph V, of the Constitution of this State, and the Governor 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.:

Abney Adams

Akins Andrews of Hall

Arnsdorff Ballard

1096

JOURNAL OP THE HOUSE,

Bartfer Barnett of Wilkes Barnett of Baker Baughman Blalock Boggs Bolton Bowen of Randolph Bowen of Toombs Branch
Brooks of Oglethorpe Brooks of Fulton Brown Budd Busbee Carswell Chance Chandler Clark of Catoosa Clarke of Monroe Cloer Coeke Collins Cox Crowe Culpepper Davis Deen Dollar Dorminy Duncan of Faniun Duncan of Carroll
Dunn Fitzgerald
Flexer Flynt Fordham Fowler of Douglas Fowler of Treutlen Hale Harrell Henderson Howard Hull Jernigan Johnson Jones of Liberty

Jones of Worth Jones of Lumpkin Jones of Sumter Jordan Keadle Keyton Kidd Killian Killingsworth Kimmons Kirkland Lane Lanier Lee Lewis Lokey Lovett Lowrey Massee Matthews of Clarke Matthews of Colquitt McCutchen McGarity Melton Milhollin Miller Mixon Moate Moore Moss Mullis Newton Odom Otwell Pannell Paris Parker of Screven Parker of Appling Farmer Payton Pelham Phillips of Walton Phillips of Bibb
Poole Potts Purcell Ray

Those not voting were Messrs.:

Andrews of Stephens Barrett Birdsong Black Boyett Bozeman

Brackin Bynum Caldwell Coker Conner Crawford

Roberts Rodgers of Charlton Roper Ross Rowland Sangster Scarborough Sheffield Shuman Simmons Sinclair Smith of Grady Smith of Fulton Smith of Habersham Steis Stevens Strickland Stuckey Summers Tabb Tamplin Taylor of Dawson Taylor of Decatur Taylor of Bibb Teague Thornton Todd Tucker Twitty Undercofler Underwood of
Montgomery Underwood of Taylor Vaughn Waldrop Watson Wells of Peach Wells of Oconee Wells of Camden White Wickham Williams of Coffee Williams of Hall Woodward Young
Dickey Dicus Doster Echols Fleming Floyd

THURSDAY, MARCH 2, 1961

1097

Funk Fuqua Greene Hall of Lee Hall of Floyd Hill Hodges Horton Hurst Joiner Kelly King Knight of Laurens Knight of Berrien Loggins

Mackay McClelland McCracken McDonald Moorman Morgan Morris Murphy NeSmith Parker of Ware Phillips of Columbia Pickard Raulerson Rogers of Paulding Rutland

Scoggin Simpson Singer Smith of Brantley Smith of Whitfield Story Walker of Lowndes Walker of Telfair Ware Wilkes Willingham Wilson Mr. Speaker

On the adoption of the Resolution, the ayes were 144, nays 0.

The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.

HR 172-511. By Mr. Barnett of Baker:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide that the members of the Board of Education of Baker County shall be elected from districts, but by the voters of the entire 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 County Boards of Education, as amended, by an amendment applicable to Baker County, ratified at the General Election in 1954 and found in Georgia Laws 1953, Jan.-Feb. Sess., p. 298, and by a further amendment applicable to Baker County, ratified at the General Election in 1960 and found in Georgia Laws 1959, p. 451, is hereby amended by striking from aforesaid amendments, applicable to Baker County the following:
"One member from each of these districts shall be elected to serve on said board, and only the registered and qualified voters in each district shall vote for the election of a member from that dis trict, a majority vote being necessary for election. Within thirty days after the ratification of this amendment, it shall be the duty of the Ordinary of Baker County to issue a call for an election to be held not less than twenty nor more than thirty days thereafter, for the purpose of electing by the qualified voters in each school district a member of the county board of education from that district. Should a vacancy occur in the office of any member, the ordinary shall, within twenty days, issue a call for a special election to be held not less than twenty nor more than thirty days thereafter for a successor to be elected by the registered and qualified voters of the district."

1098

JOURNAL OF THE HOUSE,

and inserting in lieu thereof the following:
"One member from each of the above districts shall be elected to serve on said board, but shall be elected by the voters of the entire county. Should a vacancy occur in the office of any member, the ordi nary within twenty days shall issue a call for a special election to be held not less than twenty nor more than thirty days after the date of the issuance of the call for a person to be elected from the district in which the vacancy occurs, and such person shall be elected by the voters of the entire county and shall be elected to serve the unexpired term."
so that when so amended, the amendments applicable to Baker County shall read as follows:
"The members of the County Board of Education of Baker . County shall be elected by the people at the same time and for the
same term that other county officers of Baker County are elected, and shall hold their offices until their successors are elected and qualified. The County of Baker shall be, and the same is hereby, divided into five school districts to be known and comprised as fol lows: The First School District to be composed of the 971st or New ton District, which district shall also include the Hardup District; the Second School District to be composed of the 957th or Milford District; the Third School District to be composed of the 1183rd or Haggards Mills District; the Fourth School District to be composed of the 1722nd or Elmodel District; and the Fifth School District to be composed of the 1680th or Anna District. One member from each of the above districts shall be elected to serve on said board, but shall be elected by the voters of the entire county. Should a vacancy occur in the office of any member, the ordinary within twenty days shall issue a call for a special election to be held not less than twenty nor more than thirty days after the date of the issuance of the call for a person to be elected from the district in which the vacancy occurs, and such person shall be elected by the voters of the entire county and shall be elected to serve the unexpired term. The fivemember county board of education shall have the same powers and duties as the present board and shall elect its own chairman. To be eligible to hold office as a member of the County Board of Education of Baker County, a person shall be of good moral character, have at least a fair knowledge of the elementary branch of the English edu cation, be favorable to the common school system, and be qualified to vote for Members of the General Assembly. Any person, in order to be eligible to hold office as a member of the Board of Education of Baker County, must be a freeholder in the district which he seeks to represent. Any member of the Board who shall remove his resi dence from the school district from which he was elected shall cease to be a member of the Board and a vacancy shall immediately occur, which shall be filled in the manner hereinbefore provided."
SECTION 2
When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereof, 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.

THURSDAY, MARCH 2, 1961

1099

The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"For ratification of an amendment to the Constitution so as to provide that the members of the Board of Education of Baker Coun ty shall be elected from districts, but by the voters of the entire county."
"Against ratification of an amendment to the Constitution so as to provide that the members of the Board of Education of Baker County shall be elected from districts, but by the voters of the entire county."
All persons desiring to vote in favor of adopting the proposed amend ment shall vote for ratification of the amendment, and all persons desir ing 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:

Those voting in the affirmative were Messrs.:

Abney Adams Akins Andrews of Hall Arnsdorff Ballard Barber Barnett of Wilkes Barnett of Baker Baughman Blalock Boggs Bolton Bowen of Randolph Bowen of Toombs Branch Brooks of Oglethorpe Brooks of Fulton Brown Budd Busbee Carswell Chance

Chandler Clark of Catoosa Clarke of Monroe Cloer Cocke Cocke Collins Cox Crowe Culpepper Davis Deen Dollar Dorminy Duncan of Fannin Duncan of Carroll Dunn Fitzgerald Flexer Flynt Fordham Fowler of Douglas Fowler of Treutlen

Hale Harrell Henderson Howard Hull Jernigan Johnson Jones of Liberty Jones of Worth Jones of Lumpkin Jones of Sumter Jordan Keadle Keyton Kidd Killian Killingsworth Kimmons Kirkland Lane Lanier Lee Lewis

1100

JOURNAL OP THE HOUSE,

Lokey Lovett Lowrey Massee Matthews of Clarke Matthews of Colquitt McCutchen McGarity Melton Milhollin Miller Mixon Moate Moore Moss Mullis Newton Odom Otwell Pannell Paris Parker of Screven Parker of Appling Farmer Payton Pelham

Phillips of Walton Phillips of Bibb Poole Potts Purcell Ray Roberts Rodgers of Charlton Roper Ross Rowland Sangster Scarborough Sheffield Shuman Simmons Sinclair Smith of Grady Smith of Fulton Smith of Habersham Steis Stevens Strickland Stuckey Summers Tabb

Tamplin Taylor of Dawson Taylor of Decatur Taylor of Bibb Teague Thornton Todd Tucker Twitty Undercofler
Underwood of Montgomery
Underwood of Taylor
Vaughn Waldrop Watson Wells of Peach Wells of Oconee Wells of Camden White Wickham Williams of Coffee Williams of Hall Woodward Young

Those not voting were Messrs.:

Andrews of Stephens Barrett Birdsong Black Boyett Bozeman Brackin Bynum Caldwell Coker Conner Crawford Dickey Dicus Doster Echols Fleming Floyd Funk Fuqua Greene

Hall of Lee Hall of Floyd Hill Hodges Horton Hurst Joiner Kelly King Knight of Laurens Knight of Berrien Loggins Mackay McClelland McCracken McDonald Moorman Morgan Morris Murphy NeSmith

Parker of Ware Phillips of Columbia
Pickard Raulerson Rogers of Paulding Rutland Scoggin Simpson Singer Smith of Brantley Smith of Whitfield
Story Walker of Lowndes Walker of Telfair
Ware Wilkes Willingham Wilson Mr. Speaker

On the adoption of the Resolution, the ayes were 144, nays 0.

The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.

THURSDAY, MARCH 2, 1961

1101

HR 230-668. By Messrs. Williams and Andrews of Hall:
A RESOLUTION
Proposing to the qualified voters an amendment to Article VII, Sec tion V, Paragraph I of the Constitution of the State of Georgia by add ing, at the end thereof, a new paragraph, creating the Gainesville and Hall County Development Authority as a constitutional authority and public corporation, providing for the appointment, eligibility and tenure of members and officers and conferring on the General Assembly the authority to prescribe by law additional powers and duties for said authority; providing for the submission of this amendment for ratifica tion or rejection by the people; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1
That Article VII, Section V, Paragraph I of the Constitution of the State of Georgia is hereby amended by adding at the end thereof a new paragraph which shall read as follows, to-wit:
"There is hereby created a body corporate and politic to be known as the 'Gainesville and Hall County Development Authority' which shall be deemed to be an instrumentality of the State of Geor gia and a public corporation, its scope and jurisdiction to be limited to the territory embraced by Hall County and the corporate limits of the City of Gainesville. The County of Hall and the City of Gaines ville may contract with the Authority as a public corporation as provided by the Constitution of Georgia.
"The Authority shall consist of nine members, four to be ap pointed by the Commissioners of Hall County and four to be ap pointed by the Commissioners of the City of Gainesville and one appointed by the eight members of the within authority, who shall have control, duties, powers and authority as are hereby conferred and as may be prescribed or provided for by the General Assembly of Georgia, and such additional powers as may be delegated to the Authority of the County of Hall and the City of Gainesville. Mem bers of the Authority shall be residents of Hall County, within or without any municipality located therein. The first appointments shall be for terms of one, two, three, and four years. Thereafter all terms and appointments, except in case of a vacancy, shall be for four years. The General Assembly shall provide for appointment of members of the Authority. The Authority shall elect a chairman, a vice-chairman and a secretary-treasurer. The secretary-treasurer shall not be required to be a member of the Authority.
"All debentures and revenue anticipation certificates issued by the Authority, shall be exempt from State and local taxation.
"Said Authority is created for the purpose of developing and promoting, for the public good and general welfare, industry, agri culture, commerce, natural resources, and vocational training and the making of long-range plans for the coordination of such develop ment, promotion, and expansion within its territorial limits. The Authority shall not be empowered or authorized in any manner to create a debt as against the State of Georgia, the County of Hall, or

1102

JOURNAL OF THE HOUSE,

any municipality therein. 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 Authority 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, the Governor is hereby authorized and instructed to cause such proposed amendment to be published as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended, for two months previous to the time of the general election at which the above proposed amend ment shall be submitted for ratification or rejection to the electors as provided in said paragraph of the Constitution.
The ballot submitted for the above proposed amendment shall have written or printed thereon the following:
"For ratification of amendment to Article VII, Section V, Para graph I of the Constitution of Georgia, creating the Gainesville and Hall County Development Authority."
"Against ratification of amendment to Article VII, Section V, Paragraph I of the Constitution of Georgia, creating the Gainesville and Hall County Development Authority."
All persons desiring to vote in favor of adopting the proposed amend ment shall vote for ratification of the amendment, and all persons desir ing to vote against the adoption of the proposed amendment shall vote against ratification.
If a majority of the persons voting in a General Election in Hall County shall vote for ratification thereof, this amendment shall become a part of the Constitution of the State of Georgia. The returns of the elections shall be made in like manner as returns for elections for mem bers of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor who shall, if such amendment be ratified, make proclamation thereof.

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

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Adams Akins Andrews of Hall Arnsdorff Ballard Barber Barnett of Wilkes

Barnett of Baker Baughman Blalock Boggs Bolton Bowen of Randolph Bowen of Toombs Branch

Brooks of Oglethorpe Brooks of Fulton Brown Budd Busbee Carswell Chance Chandler

THURSDAY, MARCH 2, 1961

1103

Clark of Catoosa Clarke of Monroe Cloer Cocke Collins Cox Crowe Culpepper Davis Deen Dollar Dorminy Duncan of Pannin Duncan of Carroll Dunn Fitzgerald
Flexer Flynt Fordham Fowler of Douglas Fowler of Treutlen Hale Harrell Henderson Howard Hull Jernigan Johnson Jones of Liberty Jones of Worth Jones of Lumpkin Jones of Sumter
Jordan Keadle Keyton Kidd Killian Killingsworth Kimmons Kirkland Lane

Lanier Lee Lewis Lokey Lovett Lowrey Massee Matthews of Clarke Matthews of Colquitt
McCutchen McGarity Melton Milhollin Miller Mixon Moate Moore Moss Mullis Newton Odom Otwell Pannell Paris Parker of Screven Parker of Appling Farmer Payton Pelham Phillips of Walton Phillips of Bibb Poole Potts Purcell Ray Roberts Rodg-ers of Charlton
Roper Ross Rowland Sangster

Those not voting were Messrs.:

Andrews of Stephens Barrett Birdsong Black Boyett Bozeman Brackin Bynum Caldwell Coker Conner Crawford

Dickey Dicus Doster Echols Fleming Floyd Funk Fuqua Greene Hall of Lee Hall of Floyd Hill

Scarborough Sheffield Shuman Simmons Sinclair Smith of Grady Smith of Fulton Smith of Habersham Steis Stevens Strickland Stuckey Summers Tabb Tamplin Taylor of Dawson Taylor of Decatur Taylor of Bibb Teague Thornton Todd Tucker Twitty Undercofler Underwood of
Montgomery Underwood of Taylor Vaughn Waldrop Watson Wells of Peach Wells of Oconee Wells of Camden White Wickham Williams of Coffee Williams of Hall Woodward Young
Hodges Horton Hurst Joiner Kelly King Knight of Laurens Knight of Berrien Loggins Mackay McClelland McCracken

1104

JOURNAL OF THE HOUSE,

McDonald Moorman Morgan Morris Murphy NeSmith Parker of Ware Phillips of Columbia Pickard

Raulerson Rogers of Paulding Rutland Scoggin Simpson Singer Smith of Brantley Smith of Whitfield Story

Walker of Lowndes Walker of Telfair Ware Wilkes Willingham Wilson Mr. Speaker

On the adoption of the Resolution, the ayes were 144, nays 0.
The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.

HR 232-668. By Mr. Smith of Habersham:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide for the election of the members of the Board of Education of Habersham County by the people; to provide for the qualifications of candidates for said Board; to provide for the election of the Chairman of the Board of Edu cation; to provide for the submission of this amendment for rejection or ratification; 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, as amended, is hereby amended by adding at the end thereof the following:
"The Board of Education of Habersham County shall be com posed of six (6) members. For the purposes of electing the members of the Board, Habersham County is hereby divided into three dis tricts. District Number One shall be composed of the following militia districts: 409 (Clarkesville), 422 (Deep Creek), 501 (Batesville), 666 (Cool Springs), and 977 (Fair Play). District Number Two shall be composed of the following militia districts: 752 (Center Hill), 1021 (Fork), 1391 (Falling Water), 1486 (Demorest), and 1648 (Glade Creek). District Number Three shall be composed of the following militia districts: 414 (Mud Creek), 1449 (Cornelia), 1612 (Baldwin), and 1693 (View). There shall be elected to the Board two members from each of the above districts. Those candidates offering for election to the Board shall qualify from the districts in which they reside. The members of the Board of Education shall be elected by the voters of the entire county. Those two candidates in each district who receive the largest number of votes shall be elected to the Board from said district. Except as otherwise provided herein, the term of office of the members of the Board of Education shall be for three (3) years, and until their successors are elected and qualified. Any person offering as a candidate to represent a district must reside in the district from which he offers and must possess a high school education. The members of the Board shall be elected at

THURSDAY, MARCH 2, 1961

1105

the same time as the members of the Board of County Commission ers of Habersham County are elected, and shall take office on Janu ary 1 of the following year. The first members elected from District Number One at the 1962 election shall serve for a term of one year and until their successors are elected and qualified. The members elected from District Number Two at the 1962 election shall serve for a term of two years, and until their successors are elected and qualified. The members elected from District Number Three shall serve for a full three-year term and until their successors are elected and qualified. Beginning in the year 1963, and each year thereafter, successors to the members of the Board whose terms expire that year shall be elected as herein provided for a term of three years. The Chairman of the Board shall be elected by a majority of the members of the Board.
"In the event this amendment is ratified, it shall be the duty of the Ordinary of Habersham County to issue the call for an election, which call shall be issued within ten (10) days after the ratification of this amendment. Said election shall be set by the Ordinary at a date not less than thirty (30) days and not more than forty-five (45) days after issuance of the call for such an election. Such election shall be for the purpose of electing the first members of the Board of Education of Habersham County created under this amendment. It shall be the duty of the Ordinary to publish the date of the elec tion and the purpose thereof at least once preceding the election in the official organ of Habersham County.
"The Board of Education of Habersham County in existence at the time of the ratification of this amendment is hereby abolished December 31, 1962, and the terms of all members of such Board shall expire on said date.
"The Board of Education of Habersham County as provided for herein shall be subject to all constitutional and 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.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"For ratification of an amendment to the Constitution so as to provide for the election of the members of the Board of Education of Habersham County by the people."
"Against ratification of an amendment to the Constitution so as to provide for the election of the members of the Board of Edu cation of Habersham County by the people."
All persons desiring to vote in favor of adopting the proposed amend ment shall vote for ratification of the amendment, and all persons desir-

1106

JOURNAL OF THE HOUSE,

ing 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.:

Abney Adams Akins Andrews of Hall Arnsdorff Ballard Barber Barnett of Wilkes Barnett of Baker Baughman Blalock
Boggs Bolton Bowen of Randolph Bowen of Toombs Branch Brooks of Oglethorpe Brooks of Pulton Brown Budd Busbee Carswell Chance Chandler Clark of Catoosa Clarke of Monroe Cloer Cocke Collins Cox Crowe Culpepper Davis Been Dollar Dorminy Duncan of Fannin Duncan of Carroll

Dunn Fitzgerald Flexer Flynt Fordham Fowler of Douglas Fowler of Treutlen Hale Harrell Henderson Howard Hull Jernigan Johnson Jones of Liberty Jones of Worth Jones of Lumpkin Jones of Sumter Jordan Keadle Keyton Kidd Killian Killingsworth Kimmons Kirkland
Lane Lanier
Lee Lewis Lokey Lovett Lowrey Massee Matthews of Clarke Matthews of Colquitt McCutchen McGarity

Melton Milhollin Miller Mixon Moate Moore Moss Mullis Newton Odom Otwell Pannell Paris Parker of Screven Parker of Appling Farmer Payton Pelham Phillips of Walton Phillips of Bibb Poole Potts Purcell Ray Roberts Rodgers of Charlton
Roper Ross Rowland Sangster Scarborough Sheffield Shuman Simmons Sinclair Smith of Grady Smith of Fulton Smith of Habersham

THURSDAY, MARCH 2, 1961

1107

Steis Stevens Strickland Stuckey Summers Tabb Tamplin Taylor of Dawson Taylor of Decatur Taylor of Bibb Teague

Thorn ton Todd Tucker Twitty Undercofler Underwood of
Montgomery Underwood of Taylor Vaughn Waldrop Watson

Wells of Peach Wells of Oconee Wells of Camden White Wickham Williams of Coffee Williams of Hall Woodward Young

Those not voting were Messrs.:

Andrews of Stephens Barrett Birdsong Black Boyett Bozeman Brackin Bynum Caldwell Coker Conner Crawford Dickey Dicus Doster Echols Fleming Floyd Funk Fuqua Greene

Hall of Lee Hall of Floyd Hill Hodges Horton Hurst Joiner
Kelly King Knight of Laurens Knight of Berrien Loggins Mackay McClelland McCracken McDonald Moorman
Morgan Morris Murphy NeSmith

Parker of Ware Phillips of Columbia Pickard Raulerson Rogers of Paulding Rutland Scoggin Simpson Singer Smith of Brantley Smith of Whitfield Story Walker of Lowndes Walker of Telfair Ware Wilkes Willingham Wilson Mr. Speaker

On the adoption of the Resolution, the ayes were 144, nays 0.

The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.

SR 8. By Senator Grayson of the 1st:
A RESOLUTION
Proposing to the qualified voters of Chatham County, an amend ment to Article VII, Section I, Paragraph IV, of the Constitution of the State of Georgia incorporated in the Code of Georgia, 1933, as Section 2-5404, for the purpose of encouraging the industrial growth and expan sion of Chatham County and the several municipalities and/or political subdivisions of the state located in Chatham County, by authorizing the governing bodies of Chatham County and each of said political subdivi sions located in Chatham County to exempt from ad valorem taxation, the capital improvements of new industries and businesses and the capital improvements constructed by future expansion of industries and businesses, not including the land on which such improvements may be

1108

JOURNAL OF THE HOUSE,

located for either a period of ten (10) years or until such time as the total amount of tax exemptions shall equal the amount of sales tax paid by such industries and businesses to the state of Georgia on their capital improvements or expansions thereof; and for other purposes.
Section I. BE IT RESOLVED by the General Assembly of the State of Georgia; That Article VII, Section I, Paragraph IV, of the Constitu tion of the State of Georgia and incorporated in the Code of the State of Georgia, 1933 as Code Section 2-5404, be and the same is hereby amended by adding at the end thereof, the following paragraph to be known as Paragraph IV (a).
"Section 2-5404. Paragraph IV (a). For the purposes of this Amendment, the term 'governing bodies' shall be deemed to mean and include the Commissioners of Chatham County and the ExOfficio Judges thereof, and the 'governing bodies' of every munici pality and/or political subdivision of this State located wholly within Chatham County.
The term 'capital improvements' shall mean the total valuation of all buildings, equipment and machinery constructed and installed by new industries and businesses on land located in Chatham County or within the limits of any municipality or political subdivision of Chatham County, excluding the valuation of land on which said improvements may be located. Said 'governing bodies' may from and after the adoption of this Amendment to the Constitution, exempt from all ad valorem taxation, the capital improvements of new industries and businesses and the capital improvements constructed by future expansion of industries and businesses not including the land on which such improvements may be located for either a period of ten (10) years or until such time as the total amount of tax exemptions shall equal the amount of sales tax paid by such indus tries and businesses to the State of Georgia on their capital improve ments or expansions thereof.
The 'governing body' of Chatham County and the 'governing bodies' of all municipalities and/or political subdivisions in Chatham County, may also in their discretion, designate either by Resolution or by Ordinance, additional industrial areas within Chatham County which shall upon being so designated, come within the provisions of Article VII, Section I, Paragraph 3A, of the Constitution of the State of Georgia and shall receive all the benefits accruing there under without discrimination. The 'governing body' of Chatham County and the 'governing bodies' of all municipalities located herein are authorized to enact Ordinances and/or Resolutions to effectually comply with the provisions of this Amendment."
Section II. BE IT FURTHER RESOLVED by the General Assem bly that when said Amendment shall be agreed to by a two-thirds vote of the members elected to each House of the General Assembly, said Amendment shall be entered on their journals with the "yeas" and "nays" taken thereon and shall, by the Governor, be published in one newspaper in the County of Chatham for two months previous to the time of holding the next general election and shall be submitted to the people of Chat ham County and of the several municipalities located therein and named herein at the next general election. All persons voting in said election in favor of adopting said proposed Amendment to the Constitution shall have written or printed on their ballots "For ratification of Amendment

THURSDAY, MARCH 2, 1961

1109

to Article 7, Section 1, Paragraph IV of the Constitution of Georgia authorizing the governing bodies in Chatham County to create tax exemptions for promotion of growth and expansion," and all persons opposed to the adoption of said Amendment shall have written or printed on their ballots "Against ratification of Amendment to Article 7, Sec tion 1, Paragraph IV of the Constitution of Georgia authorizing the governing bodies in Chatham County to create tax exemptions for pro motion of growth and expansion."
If a majority of the electors voting therein in Chatham County as a whole shall vote for ratification thereof, when the returns shall be con solidated as required by law for election of members of the General Assembly, the said Amendment shall become a part of Article 7, Section 1, Paragraph IV of the Constitution of the State, and the Governor shall make 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:

Those voting in the affirmative were Messrs.:

Abney Adams Akins Andrews of Hall Arnsdorff Ballard Barber Barnett of Wilkes Barnett of Baker Baughman Blalock Boggs Bolton Bowen of Randolph Bowen of Toombs Branch Brooks of Oglethorpe Brooks of Fulton Brown Budd Busbee Carswell Chance Chandler Clark of Catoosa Clarke of Monroe Cloer Cocke Collins Cox Crowe Culpepper

Davis Been Dollar Dorminy Duncan of Pannin Duncan of Carroll Dunn Fitzgerald Plexer Flynt Fordham Fowler of Douglas Fowler of Treutlen Hale Harrell Henderson Howard Hull Jernigan Johnson Jones of Liberty Jones of Worth Jones of Lumpkin Jones of Sumter Jordan Keadle Keyton Kidd Killian Killingsworth Kimmons Kirkland

Lane Lanier Lee Lewis Lokey Lovett Lowrey Massee Matthews of Clarke Matthews of Colquitt McCutchen McGarity Melton Milhollin Miller Mixon Moate Moore Moss Mullis Newton Odom Otwell Pannell Paris Parker of Screven Parker of Appling Farmer Payton Pelham Phillips of Walton Phillips of Bibb

1110

JOURNAL OF THE HOUSE,

Poole Potts Purcell Ray Roberts Rodgers of Charlton Roper Ross Rowland Sangster Scarborough Sheffield Shuman Simmons Sinclair Smith of Grady Smith of Pulton

Smith of Habersham Steis Stevens Strickland Stuckey Summers Tabb Tamplin Taylor of Dawson Taylor of Decatur Taylor of Bibb Teague Thornton
Todd Tucker Twitty Undercofler

Underwood of Montgomery
Underwood of Taylor Vaughn Waldrop Watson Wells of Peach Wells of Oconee Wells of Camden White Wickham Williams of Coffee Williams of Hall Woodward Young

Those not voting were Messrs.:

Andrews of Stephens Barrett Birdsong Black Boyett Bozeman Brackin Bynum Caldwell Coker Conner Crawford Dickey Dicus Doster Echols Fleming Floyd Funk Fuqua Greene

Hall of Lee Hall of Floyd Hill Hodges Horton Hurst Joiner Kelly King Knight of Laurens Knight of Berrien Loggins Mackay McClelland McCracken McDonald Moorman Morgan Morris Murphy NeSmith

Parker of Ware Phillips of Columbia Pickard Raulerson Rogers of Paulding Rutland Scoggin Simpson Singer Smith of Brantley Smith of Whitfield Story Walker of Lowndes Walker of Telfair Ware Wilkes Willingham Wilson Mr. Speaker

On the adoption of the Resolution, the ayes were 144, nays 0.

The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.

SR 36. By Senator Mathews of the 48th:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the City of Cordele to issue revenue bonds for the purchase, construction, lease and sale of facilities useful to industry or commerce; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

THURSDAY, MARCH 2, 1961

1111

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Article VII, Section VII, Paragraph V of the Constitution is hereby amended by adding at the end thereof the following:
"Revenue anticipation obligations, herein called revenue bonds, may be issued by the City of Cordele, herein called the issuer, to provide funds for the purchase, construction, enlargement, or either of facilities, including land, buildings, appurtenances, machinery and equipment, suitable for use by (a) any industry for manufacturing, processing, or assembling any agricultural or manufactured product or (b) any commercial enterprise in storing, warehousing, distrib uting or selling products of agriculture, mining and industry, or any combination thereof. Such facilities may be leased or sold by the issuer to such industry or commercial enterprise upon such terms as may be agreed upon, subject to the lien of the revenue bonds upon the revenue of the facilities involved. No sale shall be completed and title to the facility shall remain in the issuer until all revenue bonds outstanding secured by the revenue of such undertaking shall have paid in full.
"The revenue bonds shall be payable, as to principal and in terest, only from revenue received from such undertaking, and shall not be deemed debts of, or create debts against the issuer within the meaning of this Constitution; and the issuer shall not exercise the power of taxation for the purpose of paying the principal or interest of the revenue bonds or any part thereof. Such revenue bonds, their transfer, the income therefrom, the security therefor, and until the payment in full of the obligation such facilities shall at all times be exempt from taxation from within the State. Bonds may be issued bearing rate or rates of interest and maturing at the years and amounts determined by the governing body of the issuer and when so authorized the procedure of validation, issuance and delivery shall be in all respects in accordance with the Revenue Bond Law (Ga. L. 1937, p. 761) as amended, as if said obligations had been originally authorized to be issued thereunder. Upon the adoption of this amend ment the issuer may proceed to comply with the provisions hereof immediately without any further action on the part of the General Assembly."
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 there on, 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 an amendment to the Constitution so as to authorize the City of Cordele to issue revenue bonds for the pur chase, construction, lease and sale of facilities useful to industry or commerce.
"Against ratification of an amendment to the Constitution so

1112

JOURNAL OF THE HOUSE,

as to authorize the City of Cordele to issue revenue bonds for the purchase, construction, lease and sale of facilities useful to industry or commerce."
All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification.
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as re turns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.

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

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Adams Akins Andrews of Hall Arnsdorff Ballard Barber Barnett of Wilkes Barnett of Baker Baughman Blalock Boggs Bolton Bowen of Randolph Bowen of Toombs Branch Brooks of Oglethorpe Brooks of Fulton Brown Budd Busbee Carswell Chance Chandler Clark of Catoosa Clarke of Monroe Cloer Cocke Collins Cox Crowe Culpepper

Davis Deen Dollar Dorminy Duncan of Fannin Duncan of Carroll Dunn Fitzgerald Flexer Flynt Fordham Fowler of Douglas Fowler of Treutlen Hale Harrell Henderson Howard Hull Jernigan Johnson Jones of Liberty Jones of Worth Jones of Lumpkin Jones of Sumter Jordan Keadle Keyton Kidd Killian Killingsworth Kimmons Kirkland

Lane Lanier Lee Lewis Lokey Lovett Lowrey Massee Matthews of Clarke Matthews of Colquitt McCutchen McGarity Melton Milhollin Miller Mixon Moate Moore Moss Mullis Newton Odom Otwell Pannell Paris Parker of Screven Parker of Appling Farmer Payton Pelham Phillips of Walton Phillips of Bibb

THURSDAY, MARCH 2, 1961

1113

Poole Potts Purcell Ray Roberts Rodgers of Charlton
Roper Ross Rowland Sangster Scarborough Sheffield Shuman Simmons Sinclair Smith of Grady

Smith of Fulton Smith of Habersham Steis Stevens Strickland Stuckey Summers Tabb Tamplin Taylor of Dawson Taylor of Decatur Taylor of Bibb Teague Thornton Todd Tucker

Twitty Underwood of
Montgomery Underwood of Taylor Vaughn Waldrop Watson Wells of Peach Wells of Oconee Wells of Camden
White Wickham Williams of Coffee Williams of Hall
Woodward Young

Those not voting were Messrs.:

Andrews of Stephens Barrett Birdsong Black Boyett Bozeman Brackin Bynum Caldwell
Coker Conner Crawford Dickey Dicus Doster Echols Fleming Floyd Funk Fuqua Greene

Hall of Lee Hall of Floyd Hill Hodges Horton Hurst Joiner Kelly King Knight of Laurens Knight of Berrien Loggins Mackay McClelland McCracken McDonald Moorman Morgan Morris Murphy NeSmith

Parker of Ware Phillips of Columbia Pickard Raulerson Rogers of Paulding Rutland Scoggin Simpson Singer Smith of Brantley Smith of Whitfield
Story Walker of Lowndes Walker of Telfair
Ware Wilkes Willingham Wilson Mr. Speaker

On the adoption of the Resolution, the ayes were 144, nays 0.

The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.

SB 21. By Senator Brown of the 52nd:
A Bill to provide for places of registration in certain counties; and for other purposes.

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

On the passage of the Bill, the ayes were 120, nays 0.

1114

JOURNAL OP THE HOUSE,

The Bill, having received the requisite constitutional majority, was passed.
SB 22. By Senator Brown of the 52nd: A Bill to provide for registrars in certain counties; 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.

SB 68. By Senator Brown of the 52nd:
A Bill to change the corporate limits of the City of Roswell; and for other purposes.

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

On the passage of the Bill, the ayes were 120, nays 0.

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

SB 75. By Senators Brown of the 52nd and McWhorter of the 34th:
A Bill to provide additional pension payments for all former officers and members of police departments in certain cities who retired prior to March 8, 1945; and for other purposes.

The report 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 138. By Senator Brown of the 52nd:
A Bill to change the compensation of the Inspector of Buildings of the City of Atlanta; and for other purposes.

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

On the passage of the Bill, the ayes were 120, nays 0.

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

THURSDAY, MARCH 2, 1961

1115

SB 146. By Senator Gardner of the 47th: A Bill 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.
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 of the Senate were read the first time and referred to the committees:
SB 157. By Senator Mitchell of the 43rd: A Bill to he entitled an Act to amend Section 21-105 of the Code of Geor gia, relating to fees paid to coroners, so as to change the salary of coro ners in certain counties from $600.00 to $1200.00 per year; and for other purposes.
Referred to the Committee on Local Affairs.
SB 159. By Senator Harden of the 27th: A Bill to be entitled an Act to provide that the governing authority of Jackson County shall furnish certain necessary expenses for operating the Sheriff's office; and for other purposes.
Referred to the Committee on Local Affairs.
SB 160. By Senators Brown of the 52nd and McWhorter of the 34th: A Bill to he entitled an Act to amend an Act approved August 20, 1927 providing certain cities shall furnish pensions to officers and employees of such cities; to provide additional period of time within which applica tion may be made; and for other purposes.
Referred to the Committee on Local Affairs.

SB 161. By Senator Brown of the 52nd:
A Bill to be entitled an Act to amend an Act approved January 21, 1961, Act No. 14, which relates to grants of State and local funds for school children and to other matters; and for other purposes.
Referred to the Committee on State of Republic.

SB 162. By Senators Long of the 3rd and Raynor of the 4th:
A Bill to be entitled an Act to provide that no law enforcement officers except the Georgia State Highway Patrol shall be allowed the use of timing devices or radar equipment to enforce safety regulations on high ways and roads in Georgia; and for other purposes.
Referred to the Committee on State of Republic.

1116

JOURNAL OF THE HOUSE,

SB 51. By Senators Sanders of the 18th and Claxton of the 21st:
A Bill to be entitled an Act to amend an Act reorganizing the State De partment of Law, as amended; and for other purposes.
Referred to the Committee on State of Republic.

SB 118. By Senator Owens of the 32nd:
A Bill to be entitled an Act to be known as "The County Official Public Responsibility Act"; to provide for procedures connected therewith; and for other purposes.
Referred to the Committee on State of Republic.

The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto:

HB 359. By Messrs. Killian and Flexer of Glynn and others:
A Bill permitting the County of Glynn to record maps or plats of sur veys of tracts of land; and for other purposes.
The following Senate amendment was read:
Senator Robert McKenzie of the 12th moves to amend HB 359 as follows:
By adding in the title before the words "to repeal conflicting laws," the words "to remove ambiguities relating to the application of this Act."
By adding a new Section to be known as Section 1 A to read as fol lows:
"Section 1 A. Said Act is further amended by striking from the first paragraph of Section 6 the following:
"and in order to be filed to real estate, whenever such maps or plats bear the land surveyor's certificate prepared in accordance with the requirements of this Act;"
so that when so amended, the first paragraph of Section 6 shall read as follows:
"Section 6. The Clerk of the Superior Court shall file and re cord, in the office of said Clerk, any and all maps or plats relating to real estate in said county, whether or not such maps or plats shall be attached to or made a part of any deed or other instrument relat ing to real estate, whenever such maps or plats bear the land sur veyor's certificate prepared in accordance with the requirements of this Act; and in order to be filed and recorded, such maps or plats shall bear the land surveyor's certificate, prepared in accordance with requirements of this Act. The Clerk of Superior Court shall not be required to examine maps or plats submitted to him for record ing, to determine their compliance with the minimum standards and specifications herein set forth, where such maps or plats bear the surveyor's certificate required herein. Such maps or plats shall be prepared in accordance with the following minimum standards and specifications, except where specific provisions in county or muni-

THURSDAY, MARCH 2, 1961

1117

cipal regulations require higher minimum standards and specifica tions, in which case said specific provisions shall govern:"
By adding a new Section to said Bill to be known as Section 1 B to read as follows:
"Section 1 B. Said Act is further amended by striking from Section 11 the word "invalidate" and inserting in lieu thereof the words "apply to,"
so that when so amended, Section 11 shall read as follows:
"Section 11. Nothing in this Act shall be deemed to apply to any map or plat made prior to the ratification of this Act."

Mr. Killian of Glynn moved that the House agree to the Senate amendment.

On the motion to agree, the ayes were 104, nays 0.

The Senate amendment to HB 359 was agreed to.

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

HB 578. By Messrs. Story and Morgan of Gwinnett:
A Bill amending an Act creating a new charter for the City of Norcross; and for other purposes.

Mr. Story of Gwinnett asked unanimous consent that the House reconsider its action in failing to pass the following Bill of the House:

HB 358. By Mr. Story of Gwinnett:
A Bill amending an Act relating to the delivery of worthless checks; and for other purposes.

The consent was granted and the House reconsidered its action in failing to pass HB 358.

Mr. Budd of Lowndes asked unanimous consent that the House reconsider its action in failing to pass the following Bill of the House:

HB 601. By Mr. Budd of Lowndes:
A Bill providing that no advertising agency or media shall charge any rate for their services in excess of those charges in effect for similar subscribers of such services for any political advertisement or program; and for other purposes.

The consent was granted and the House reconsidered its action in failing to pass HB 601.

The following Bills of the House were taken up for the purpose of consider ing the Senate substitute/amendments thereto:

1118

JOURNAL OF THE HOUSE,

HB 571. By Messrs. Rutland, Howard and Mackay of DeKalb:
A Bill amending an Act relating to Coroners in certain counties; and for other purposes.

The following Senate substitute was read:
A BILL
To be entitled an Act to amend Section 21-105 of the Code of Georgia of 1933 so as to provide that Coroners in counties having a population of not less than 250,000 and not more than 500,000 according to the United States Census of 1960, or any future United States census, shall receive a salary in lieu of the fees allowed by law for holding inquests; to pro vide for the manner in which such salary shall be fixed; to create the position and employment of a deputy coroner in said counties; to define the duties and compensation of said deputy coroner; and to provide authorization for the commissioner or Board of Commissioners of roads and revenues, or other authority having in charge the fiscal affairs of such counties to provide secretarial, clerical or other services or assist ance for the office of the coroner in such counties; to repeal an Act approved March 4, 1955, Georgia Laws 1955, 426, amending Section 21-105 of the Code of Georgia of 1933, so as to provide that coroners in counties having a population of not less than 120,000 and not more than 145,000, according to the United States census of 1950, or any future United States census, shall receive a salary in lieu of the fees allowed by law for holding inquests; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA, and it is hereby enacted by authority of the same:
SECTION 1
That Section 21-105 of the Code of Georgia of 1933 be, and the same is hereby amended, by adding to said section the following words:
In all counties of this State having a population of not less than 250,000, and not more than 500,000, according to the United States census of 1960, or any future United States census, the coroner shall receive an annual salary, payable monthly out of the county treasury, in lieu of the fees allowed a coroner by law for holding inquests. Said salary shall be in sum of not less than Six Thousand ($6000.00) dollars per annum."
SECTION 2
"In all such counties there shall be created the position of deputy coroner. The deputy coroner shall be employed by the coroner and shall hold office at the pleasure or direction of the coroner. It shall be the duty of said deputy coroner to assist the coroner in the performance of the duties of the coroner as prescribed by the laws of Georgia pertaining to the duties of the coroners of this state, and the said deputy coroner, shall, when in the performance of said duties have the same authority to act as the coroner. The said deputy coroner shall receive an annual salary of not less than Twelve Hundred ($1200.00) dollars, payable monthly out of the county treasury, and said deputy coroner shall receive no other fees for the performance of his duties, and said salary shall thereafter be fixed by the commissioner or Board of Commissioners of roads and revenues, or other authority having in charge the fiscal affairs of such counties."

THURSDAY, MARCH 2, 1961

1119

SECTION 3
"In all such counties the commissioner or Board of Commissioners of roads and revenues, or other authority having in charge the fiscal affairs of such counties shall be authorized to provide and furnish secretarial, clerical, or other services, or assistance for the office of the coroner."
SECTION 4
This Act shall become effective and of force upon its passage and approval by the Governor.
SECTION 5
Be it further enacted that all laws and parts of laws in conflict with this Act be and the same are hereby repealed, and that an Act approved March 4, 1955 (Ga. Laws 1955, p. 426) providing a salary in lieu of fees for coroners in counties having a population of not less than 120,000 and not more than 145,000, according to the United States census of 1950, or any future United States census, be, and the same is hereby expressly repealed.
SECTION 6
Notice of the intention to apply for the passage of this local Bill has been published in the newspaper in which the sheriff's advertisements for DeKalb County are published, namely, in the DeKalb New Era, once a week for three weeks during a period of sixty days immediately pre ceding its introduction in the General Assembly. Attached hereto and made a part of this Bill is a copy of said notice accompanied by an affidavit of the author to the effect that said notice has been published as provided by law.

Mr. Mackay of DeKalb moved that the House agree to the Senate substitute.

On the motion to agree, the ayes were 106, nays 0.

The Senate substitute was agreed to.

HB 502. By Messrs. Phillips, Thornton and Taylor of Bibb:
A Bill amending the Charter for the City of Macon; and for other pur poses.

The following Senate amendment was read:

Senator Fitzpatrick of the 51st moves to amend HB 502 by striking section 2 thereof and substituting in lieu thereof, a section to be num bered "2", as follows:

"Effective Date

SECTION 2

"The inclusion within the corporate limits of said city of the territory above described shall not become effective until concurrent majorities of those voting as residents of said city and of those voting as residents of said territory shall, by their ballots, favor such annexation in a refer endum election held in said city and in said territory, in accordance

1120

JOURNAL OF THE HOUSE,

with the provisions hereinafter set forth. Upon such favorable vote by such concurrent majorities, the inclusion of said territory within the corporate limits of the City of Macon shall be effective at 12:01 A.M., June 1, 1961."
2. By adding to section 3 thereof a new sentence which shall be the last sentence in said section 3, as follows:
"The ballots cast by residents of the City of Macon shall be kept separate from and shall be counted separately from the ballots cast by residents of the territory sought to be annexed."
3. By striking section 6 thereof and substituting in lieu thereof, a section to be numbered "6", as follows:
"SECTION 6
"Count of Ballots
"The manager of said election shall, immediately upon the closing of the polls, count the votes cast at the election by residents of the City of Macon and shall separately count the votes cast at the election by residents of the territory proposed to be annexed, and shall deliver to the Ordinary the sealed results, precinct returns and lists of voters, if any or all of such are used, and showing separately the ballots (favor able and unfavorable) cast by residents of the City of Macon, and the ballots (favorable and unfavorable) cast by residents of the territory proposed to be annexed. At or before noon of the day following said elec tion, or as soon thereafter as practicable, the manager shall certify to the Ordinary the result of the election."
4. By striking Section 9 thereof and substituting in lieu thereof, a section to be numbered "9", as follows:
"SECTION 9
"Certification of Election; Consolidation of Votes; Proclamation; Effec tive Date; Record.
"The Ordinary shall consolidate the total votes cast in said election by residents of the City of Macon and the total votes cast in said election by residents of the territory proposed to be annexed, and if it shall appear that a majority of the total number of votes cast in said election by residents of said city and also that a majority of the votes cast in said election by residents of said city and also that a majority of the number of votes cast in said election by residents of said territory, favor annexation, then the Ordinary shall make a proclamation of such results, and thereupon the corporate limits of the City of Macon shall be extended at 12:01 A.M., June 11, 1961, so as to include the territory within the boundaries hereinbefore described, and said territory on June 1, 1961 shall become a part of said City of Macon and subject to all the laws and ordi nances governing the same, subject only to the provisions of this Act. The consolidation of the votes in said election and the proclamation of the Ordinary shall be entered on the minutes of the Mayor and Council of said city and on the minutes of the Court of Ordinary of Bibb County."
5. By striking from Section 10 thereof the first clause in the first paragraph reading as follows: "If a majority of the votes cast in said election provided for in Section 3 above is in favor of annexation" and by substituting in place of the words so stricken, the following: "If concur-

THURSDAY, MARCH 2, 1961

1121

rent majorities of the votes cast in said election by residents of said city and also by residents of said territory, provided for in Section 3 above, favor said annexation,".
6. By striking from Section 14 thereof the first three words in the first full paragraph which words are: "If a majority"; and by substi tuting in lieu of the words stricken out, the following: "If said concur rent majorities".
7. By striking out of Section 14 thereof, the words: "(4) For sewage 3 mills" and by substituting in place of same the following: "(4) For sewerage 3 mills".
Mr. Thornton of Bibb moved that the House disagree to the Senate amend ment, and the motion prevailed.

The House disagreed to the Senate amendment.

Under the general 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 176-538. By Mr. Jones of Liberty:
A Resolution authorizing the conveyance of certain land in Liberty County, Georgia; and for other purposes.

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

On the adoption of the Resolution, the ayes were 115, nays 0.

The Resolution, having received the requisite constitutional majority, was adopted.
HB 670. By Messrs. Parker of Screven and Lanier of Candler:
A Bill regulating the sale, production, importation, processing and distributing of fluid milk and milk products; and for other purposes.
The following amendment was read and adopted:
Mr. Lanier of Candler moves to amend HB 670 by striking Section 10 thereof in its entirety and substituting in lieu thereof the following:
"SECTION 10
"Each municipality, city, and county of this State, by and through its County Board of Health, shall have the power and authority, by ordinance or regulation, to provide health and sani tation standards concerning all milk and milk products sold or of fered for sale within its limits, provided such standards are equal to or higher than those prescribed under the provisions of this Act. Each such municipality, city, and county of this State, by and through its County Board of Health, shall have the power and authority to issue a permit or license to any person, firm, or corporation doing business within its limits and shall have the

1122

JOURNAL OF THE HOUSE,

power and authority to deny, revoke, or cancel such permit or license, after notice and hearing, when the person, firm, or cor poration is found to be in violation of any of the standards pre scribed thereby. Regulations of County Boards of Health, in com pliance with the provisions of this Act, are hereby ratified and confirmed, and shall remain of force and effect until amended or repealed by action of the County Board of Health concerned. Noth ing contained herein shall be construed to prohibit the Commis sioner from enforcing the provisions of this Act, the standards established hereunder, or the rules and regulations issued hereunder, in such city, county, or municipality."
The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.
On the passage of the Bill, as amended, the ayes were 129, nays 0.
The Bill, having received the requisite constitutional majority, was passed as amended.
HB 639. By Messrs. Barber of Jackson, Kelly of Jasper, and others:
A Bill amending an Act which superseded and revised the laws relating to the Game and Fish Commission and relating 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 134, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 386. By Mr. Phillips of Bibb: A Bill amending an Act creating and establishing a Board of Funeral Service; and for other purposes.
The following amendments were read and adopted:
Mr. Hodges of Ware moves to amend HB 386 as follows: By striking Section 3 of said Bill in its entirety, and by re
numbering the remaining sections accordingly. Mr. Phillips of Bibb moves to amend HB 386 as follows: By striking from Section 1, thereof, as they appear in lines 8 and 9,
the words which read: "serving eight (8) hours per day five (5) days per week"
and substituting in lieu thereof the following: "serving an average of at least forty (40) hours per week;"
and

THURSDAY, MARCH 2, 1961

1123

By striking from Section 1, as they appear on line 15 of pages two (2) of said Bill the words:
"serving eight (8) hours per day five (5) days per week" and substituting in lieu thereof the following:
"serving an average of at least forty (40) hours per week;"
and
By striking Section 6 of said Bill in its entirety and substituting in lieu thereof a new Section 6 which shall read as follows:
"Section 6. Said Act is hereby further amended by inserting in Section 18 the words "of this State" after the words "holding a funeral director's license", so that, as amended, Section 18 shall read as follows:
Section 18. Licensed funeral directors required to operate establishments.--All funeral establishments and all branch estab lishments shall be actually operated by a person holding a funeral director's license of this State, who is in full and continuous charge, and who is a resident of this State. There shall be conspicuously displayed in all establishments the name of the person licensed to conduct such establishment."

The report of the 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 Andrews of Stephens Andrews of Hall Arnsdorff Barber Barnett of Wilkes Barnett of Baker Baughman Birdsong Bolton Bowen of Randolph Boyett Brooks of Pulton Carswell Chance Clarke of Monroe Cocke Coker Collins Conner Crowe Davis Deen

Dollar Dorminy Flexer Floyd Fordham Funk Hale Hall of Lee Harrell Henderson Hodges Horton Johnson Joiner Jordan Killian King Lane Lanier Loggins Lovett Mackay Matthews of Colquitt

Melton Milhollin Mixon Moore Moorman Morgan Mullis Newton Paris Parker of Screven Parker of Ware Farmer Payton Phillips of Walton Phillips of Bibb Raulerson Roberts Rodgers of Charlton Roper Ross Rowland Rutland Sangster

1124

JOURNAL OP THE HOUSE,

Sheffield Shnmons Simpson Sinclair Smith of Fulton Smith of Habersham Smith of Whitfield Steis Stevens

Story Strickland Stuckey Summers Tabb Taylor of Dawson Taylor of Decatur Taylor of Bibb Thornton

Twitty Ware Watson Wells of Peach Wells of Camden Wickham Williams of Coffee Williams of Hall Young

Those voting in the negative were Messrs.:

Akins Ballard Black Brown Budd Busbee Clark of Catoosa Cloer Duncan of Fannin Dunn Hurst

Jones of Worth Keadle Lewis Massee McClelland McCutchen McGarity Miller Murphy Odom Otwell

Pelham Poole Scarborough Shuman Teague Tucker Waldrop Walker of Lowndes Wilson Woodward

Those not voting were Messrs.:

Abney Barrett Blalock Boggs Bowen of Toombs Bozeman Brackin Branch Brooks of Oglethorpe Bynum Caldwell Chandler Cox Crawford Culpepper Dickey Dicus Doster Duncan of Carroll Echols Fitzgerald Fleming Flynt Fowler of Douglas Fowler of Treutlen
Fuqua

Greene Hall of Floyd Hill Howard Hull Jernigan Jones of Liberty Jones of Lumpkin Jones of Sumter Kelly Keyton Kidd Killingsworth Kimmons Kirkland Knight of Laurens Knight of Berrien
Lee Lokey Lowrey Matthews of Clarke McCracken McDonald Moate Morris Moss

NeSmith Pannell Parker of Appling Phillips of Columbia Pickard Potts Purcell Ray Rogers of Paulding Scoggin Singer Smith of Grady Smith of Brantley Tamplin Todd Undercofler Underwood of
Montgomery Underwood of Taylor Vaughn Walker of Telfair Wells of Oeonee White Wilkes Willingham Mr. Speaker

On the passage of the Bill, as amended, the ayes were 96, nays 32.

THURSDAY, MARCH 2, 1961

1125

The Bill, having failed to receive the requisite constitutional majority, was lost.

Mr. Phillips of Bibb served notice that at the proper time he would ask that the House reconsider its action in failing to give HB 386 the requisite constitu tional majority.

HB 392. By Messrs. Twitty of Mitchell and Smith of Emanuel:
A Bill amending an Act creating the Peace Officers' Annuity and Benefit Fund; and for other purposes.

Mr. Matthews of Clarke moved that the House postpone further considera tion of HB 392 until Friday, March 3, 1961, and the motion prevailed.

Further consideration of HB 392 was postponed until Friday, March 3, 1961.

HB 154. By Messrs. McClelland and Brooks of Fulton:
A Bill providing for appeals in civil cases without the necessity of moving for a new trial; and for other purposes.

Mr. McClelland of Fulton moved that the House postpone further con sideration of HB 154 until Friday, March 3, 1961, and the motion prevailed.
Further consideration of HB 154 was postponed until Friday, March 3, 1961.
The Speaker announced the House recessed until 1:00 o'clock.

AFTERNOON SESSION
The Speaker called the House to order.
The following Resolutions of the House were read and adopted:
HR 261. By Mr. Smith of Emanuel:
A RESOLUTION Expressing appreciation to the Buckhead Fifty Club; and for other purposes. WHEREAS, the members of the General Assembly and other State officials were guests of the Buckhead Fifty Club at a most delightful reception and buffet dinner Wednesday night, March 1; and
WHEREAS, this affair, which was revived after an absence of over ten years, was one of the most enjoyable of the entire session; and
WHEREAS, all the members of the Club put forth tremendous effort in order to make certain that the members of the General Assem bly and their wives had a marvelous time;
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that sincerest appreciation is hereby ex-

1126

JOURNAL OF THE HOUSE,

pressed to the Buckhead Fifty Club for a most wonderful evening. Particular appreciation is hereby expressed to the officers of the Club, President, Ed Isakson, Vice President, Charles M. Davis, Secretary, Dr. Forrest Smith, Treasurer, Hugh Phillips, and to the Buckhead Fifty Club Legis-Laughter Committee Members, Harry Maugans, Gen eral Chairman, George Wise, Henry Collins, George Murray, Hugh Phillips, Ernie Silvey, Charles Kuehnle, R. M. Vandegriff, Ed Isakson, Charlie Fram, O. B. Benson, Floyd Pike, Ben Wiggins, Judge Charlie Wofford, Judge Tom Camp, Dr. Lou Ferrer, Charles M. Davis, B. A. Martin, Edward O'Connor, Walt Caraker, and L. W. Pickering.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a copy of this Resolution to each of the aforesaid persons.

HR 262. By Mr. Smith of Emanuel:
A RESOLUTION
Expressing appreciation for Legis-Laughter; and for other pur poses.
WHEREAS, the members of the General Assembly and their wives were entertained most royally at the 1961 edition of Legis-Laughter sponsored by the Buckhead Fifty Club and presented by the members of the Capitol Press Corps; and
WHEREAS, the members of the Press and all others worked long and diligently in order to show the members of this Body a most won derful time;
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that sincerest appreciation is hereby ex pressed to the members of the Press and all others who took part in Legis-Laughter, and congratulations are extended for the excellent presentation of the skits which were most amusing and enjoyable. Particular appreciation is hereby extended to Honorable Ed Bridges who conceived the idea of Legis-Laughter and who has expended many long hours of hard and tedious work in preparing scripts, presiding over rehearsals and taking care of the multitude of other activities incidental to such a presentation. Sincere thanks are also extended to Mr. Bridges' most charming secretary, Mrs. Barbara Glisson, for her untiring assistance to Mr. Bridges.
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 Capitol Press Corps and to the above named persons.

HR 263. By Messrs. Parker of Ware, Smith of Brantley, and others:
A RESOLUTION
Opposing the merger of the Atlantic Coast Line Railroad and the Seaboard Air Line Railroad; and for other purposes.
WHEREAS, there is now pending before the Interstate Commerce Commission, Finance Docket No. 21215 relative to the proposed merger of the Atlantic Coast Line Railroad and the Seaboard Air Line Rail road ; and

THURSDAY, MARCH 2, 1961

1127

WHEREAS, such a merger would tend to create a monopoly and greatly lessen competition thereby having a disastrous effect on the small railroads which are now operating at a loss; and
WHEREAS, such a merger would have a direct effect on 2,770 miles of railroad lines and would indirectly involve an additional 1,400 miles; and
WHEREAS, such a merger would deprive many communities of this State of any rail service whatsoever since it is the avowed purpose to abandon many miles of track within the State of Georgia; and
WHEREAS, if lines were abolished it would seriously affect the counties and municipalities involved since it would remove a large source of taxation therefrom, upon which political subdivisions are now de pendent to a large degree; and
WHEREAS, it would create a loss of approximately $20,000,000.00 in payrolls by virtue of workers' jobs being abolished or workers being transferred to out of State positions; and
WHEEEAS, innumerable municipal, county, civic, and other or ganizations have opposed this merger;
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body hereby goes on record as opposing the merger of the Atlantic Coast Line Railroad and the Seaboard Air Line Railroad, and respectfully requests that the application for such merger be denied.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a copy of this Resolution to each mem ber of the Interstate Commerce Commission and to each member of the Georgia Congressional Delegation.

Mr. Killian of Glynn gave notice that at the proper time he would move that the House reconsider its action in adopting HR 263.

HR 264. By Mr. Vaughn of Rockdale:
A RESOLUTION
Relative to Georgia products; and for other purposes.
WHEREAS, there has been instituted in this State a concentrated program relative to the securing of new industry for Georgia, which program is highly desirable; and
WHEREAS, in carrying out this program it has become apparent that a tendency exists to overlook industry which is already in this State, and which industry is certainly more important to the economy of Georgia than is industry which is not located here; and
WHEREAS, Georgia should continue in every manner possible to give encouragement to local industry and should not exclude such industry in any type of program particularly with regard to the pur chasing of products manufactured in this State; and
WHEREAS, products which are manufactured in Georgia are as

1128

JOURNAL OF THE HOUSE,

good or better than products manufactured anywhere in the Country, and such products should be used whenever possible to do so; and
WHEREAS, the law relating to the State Purchasing Department provides that it shall be the duty of the Supervisor of Purchases to give preference wherever possible to Georgia materials, supplies, equip ment and printing;
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that this Body goes on record as stating that the above law should be carried out and complied with and Georgia products should be given preference wherever possible. This Body agrees with the program of securing new industry for the State but hereby declares that any such program should not be administered to the detriment of local industry. This Body hereby declares where any State funds are used in the construction of buildings that the architects and engineers should provide specifications whereby Georgia products, which are equal or superior to other products could be used.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a copy of this Resolution to the Governor, the State Supervisor of Purchases and to the Director of the State Department of Commerce.

HR 265. By Messrs. Steis of Harris and Summers of Crisp;
A RESOLUTION
Relative to defense and veterans' affairs; and for other purposes.
WHEREAS, civil defense and veterans' affairs are two of the most important areas of government and it is highly desirable that the members of this Body be kept informed thereon;
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created a committee of ten members of the House of Representatives to be appointed by the Speaker from the members of the House Defense and Veterans' Affairs Commit tee, for the purpose of studying civil defense and veterans' affairs. The members of the Committee shall receive the compensation, per diem, expenses and allowances authorized for members of interim legislative committees. The Committee shall receive the above for not to exceed ten days for each member. The Committee shall make a report to the 1962 session of the General Assembly on or before January 15, 1962, on which date the Committee shall stand abolished. The funds necessary for the purposes herein shall come from the funds appropriated to or available to the legislative branch of the government.

HR 266. By Messrs. Jones of Lumpkin and Duncan of Carroll:
A RESOLUTION
Creating a committee to study the implementation of and possible legislative changes in the "Motor Vehicle Certificate of Title Act".
WHEREAS, The General Assembly of Georgia this Session passed an Act known as the "Motor Vehicle Certificate of Title Act"; and

THURSDAY, MARCH 2, 1961

1129

WHEREAS, this law is an important step forward by the State of Georgia; and
WHEREAS, this law is inherently complex and its implementa tion should be given considered care by not only the people charged with its administration, but also the General Assembly of Georgia; and
WHEREAS, the State Revenue Commissioner has requested that a legislative committee be appointed to work with the person responsible for the administration of the "Motor Vehicle Certificate of Title Act";
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that an interim study committee composed of such members of the House from the State at large as the Speaker of the House desires to appoint, be appointed to study how States with similar laws have implemented said laws in order to reduce possible confusion upon initial issuance of certificates of title for motor vehicles, and to further evaluate the provisions of this State's "Motor Vehicle Certificate of Title Act" as compared with the laws of other States in order to see if possible legislative changes are desirable. The members of the committee shall receive the compensation, per diem, expenses and allowances authorized for members of interim legislative committees. The Speaker of the House shall limit the number of days the members of the committee may receive the above compensation, per diem, ex penses and allowances. The committee shall file a report of its findings and recommendations to the General Assembly and others on or before January 10, 1962, on which date the committee shall stand abolished. The funds necessary to carry out the provisions herein shall come from the funds appropriated to or available to the legislative branch of the government.

HR 225. By Messrs. Newton of Colquitt, Story of Gwinnett, and others:
A RESOLUTION
Relative to the study of admission requirements and pupil place ment in public schools; and for other purposes.
WHEREAS, the recent decisions of the Federal Judiciary have re sulted in the General Assembly of Georgia enacting legislation per taining to education, and .
WHEREAS, the recent Federal decisions in Georgia highlight the need for the several Boards of Education to have full and complete knowledge as to the permissive area in which enrollment restrictions, qualification, and pupil placement may be exercised, and
WHEREAS, it is desirable that this information be furnished to the several Boards of Education at an early date.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Attorney General be and he is hereby authorized and directed to make a complete and exhaustive study of pupil placement admission requirements in institutions of public learning and to furnish information and recommendations to the sev eral Boards of Education of this State having control and supervision over the public school system. The Attorney General shall make every effort to make such study, recommendations and suggestions at the earliest possible date.

1130

JOURNAL OP THE HOUSE,

The following communication was received and read:
Executive Department Atlanta
March 2, 1961
Representative Charles Pannell House of Representatives State Capitol Atlanta, Georgia
Dear Charlie:
After conferring with you and other Legislators both prior to and during this Session of the General Assembly, I wish to restate certain objectives which I have and in which members of the Legislature have expressed agreement and which I will implement and recommend to the Assembly that they implement.
These broad objectives are:
1. To adopt a Joint Resolution creating a Joint Committee to study budget administration in other States and to study the present budgetary system in Georgia with a view toward recommending im provements in the system for consideration by the General Assembly.
2. To employ within the Executive Department budget staff as sistance to gather factual information and to assist the Governor and Legislature relative to pre-audit and other budgetary matters.
3. To hold regular quarterly meetings with the State Finance Com mission and to advise and counsel with said Commission from time to time relative to the implementation of the Appropriations' Act.
With the expression of my appreciation and warmest regards to you and other members of the House, I am
Sincerely,
ERNEST VANDIVER Governor
EV/nfw

The following Bill was taken up for the purpose of considering the Senate substitute thereto:
HB 90. By Messrs. Ray of Warren, Smith of Emanuel and Twitty of Mitchell: A Bill providing general appropriation for the operation of the State Government and other matters; and for other purposes.
The following Senate substitute was read: A BILL
To be entitled an Act to make appropriations for the operation of the State Government, for the support of its eleemosynary institutions, for aid to the University System and to the common schools of the

THURSDAY, MARCH 2, 1961

1131

State, for aid to the counties for Roads and for all other governmental activities authorized by law for the fiscal year beginning July 1, 1961 and ending June 30, 1962 and for each and every fiscal year thereafter until repealed or modified by law; to provide for the control and administration of the funds; and to repeal conflicting laws.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA, and it is hereby enacted by authority of same, that the sums of money hereinafter set out are appropriated for the fiscal year beginning July 1, 1961 and ending June 30, 1962 and for each and every fiscal year thereafter until repealed or modified by law.

SECTION 1
LEGISLATIVE DEPARTMENT ...... ... . . . .$ 1,248,000.00
For compensation as fixed by previous laws for mile age at the rate of 10^ per mile for four (4) round trips, for each regular session and number of round trips for any and all extraordinary sessions of the General Assem bly as set by each such extra-ordinary session; Secre tary and Assistant Secretary of the Senate and Clerk and Assistant Clerk of the House of Representatives shall receive the same millage allowance as Members of the Senate and House of Representatives, of the Presi dent and Members of the Senate and of the Speaker and Members of the House of Representatives; for the compensation of the Secretary of the Senate, of the Clerk of the House of Representatives, as fixed by law, of the messengers and doorkeepers and other attaches of the Senate and House of Representatives, for the actual travel expense of members of legislative com mittees; for cost of operating the office of Lieutenant Governor authorized by law: for membership in coun cil of State governments and Marine Fisheries Compact; for supplies, repairs, printing and other incidental ex penses and equipment for the General Assembly, in cluding rental or purchase of voting machine for House of Representatives and the necessary cost of renovating and repairing the housing facilities for the Senate and House of Representatives; for cost of compiling, pub lishing and distributing the Acts and Journals of the General Assembly; the codes of Georgia and the an nual report of State Auditor to General Assembly; for election blanks and any other election expense, includ ing publishing constitutional amendments; and for cost of Legislative Counsel as authorized by law.
Provided, further, that the Members of the General Assembly shall be paid the ten dollars per diem and the five dollar allowance heretofore authorized by law and as further authorized by law as cited herein shall be paid an additional maintenance expense allowance of twenty-five dollars for each day in attendance at a ses sion of the General Assembly and said maintenance ex pense allowance; which is authorized by general pro visions of the State Constitution, shall be in lieu of any

1132

JOURNAL OF THE HOUSE,

payment of accounts for telephone, telegraph, postage and other incidental items of a like nature which have not been furnished and paid for by the State and which may be personally incurred by the individual Member in the performance of official duties during a session of the General Assembly and this allowance to the Members of the General Assembly is hereby construed to be authorized by the State Constitution as per diem and maintenance allowance to cover the cost of ordi nary expenses of the State government as provided for by Art. Ill, Sec. VII, Par. IX of the Constitution of Georgia. Provided, further, the per diem allowance pro vided for in the foregoing shall also be payable to any official of the State or attache for each day during his term of service who is authorized by Act or Resolution of one or both branches of the General Assembly to receive an allowance based on the total per diem main tenance allowance provided for Members of the General Assembly serving as a member of a regular or special committee shall be limited to and shall be paid for each day of service on said committee when the General As sembly is not in session twenty dollars per diem, ex penses and mileage while performing such committee duties.
(A) For exclusive use for repairs, refurbishing, painting and equipping committee rooms, the Senate and House chambers and offices attached thereto or other wise required for the use of the Legislative Branch in the State Capitol Building ....._......._.$

100.00

JUDICIARY SECTION 2
For the cost of operating the Supreme Court............ $
SECTION 3 For the cost of operating the Court of Appeals........ $
SECTION 4 For the cost of operating the Superior Courts in cluding such contingent expense allowances authorized by law, the payment of six cents per mile for transpor tation authorized by law and such other expense items chargeable to this appropriation as may be authorized by law ____________._.____.________.___._.......__..............-------.---- $
SECTION 5 For the cost of printing and distributing the reports of the Supreme Court and Court of Appeals ....................^
SECTION 6 For the cost of operating the Judicial Council........ $

325,000.00 350,000.00
875,000.00 35,000.00 2,500.00

THURSDAY, MARCH 2, 1961

1133

EDUCATION
SECTION 7
For matching vocational rehabilitation funds in co operation with the Federal Government; for operations of vocational trade schools; for operations of public and rural library programs; for operations of School for Deaf and Academy for the Blind; for grants for aid to the public common schools under provisions of law; for free textbooks for the children attending public common schools; for the salaries of county school superintend ents; for the operating cost of the Department; for edu cational grants including the grants to teachers for scholarships as provided by law; and for any and other expenses authorized by law payable from the common school funds _________,,-_-_-___-- _,,.,,.......------...__......__._____....___... $184,000,000.00
Provided, that effective July 1, 1962 this appropria tion shall be increased to the amount of $188,100,000.00 and said amount shall be the appropriation for the year July 1, 1962 through June 30, 1963 until modified or re pealed as authorized by law.
Provided, that the State Board of Education shall within the first thirty days of each fiscal period make an apportionment of this appropriation, together with other funds available to the various activities of the Department of Education and immediately report the same to the State Budget Authorities for approval, whose approval shall be evidenced in writing. Provided, how ever, that the State Board of Education shall in each fiscal period make an allotment of not less than twenty million dollars to pay the annual capital outlay commit ments required under lease contracts with the State School Building Authority, this amount of appropriation for capital outlay purposes shall be in compliance with the provisions of State Constitution ratified 1960 Gen eral Election, pertaining to Authority lease contract obligations.
Provided further that the State Board of Education, in making the allotment of funds to be paid to the local school systems shall allot sufficient money for the fiscal year beginning July 1, 1961 to pay to each local school system the amount of funds required to pay each state allotted teacher employed by such local school system a salary increase of $300 per year effective July 1, 1961, and to pay each local school system the amount of funds required to pay each school bus driver employed by such local school system a salary increase of $200 per year, effective July 1, 1961.
Provided, further, that the expenditure of any of the appropriation made in this section shall be subject to all provisions of the Constitution of Georgia regu lating the creation of indebtedness and by all budget

1134

JOURNAL OF THE HOUSE,

regulations of general application which are or may be in force and effect.
(a) No part of this appropriation shall be avail able until made available from time to time by written order of the State Budget Authorities.
(b) The State Board of Education within the first thirty days of each fiscal period, shall make an appor tionment of the funds available to the Department of Education from this appropriation and all other sources, and upon written approval of said apportionment or any item thereof by the State Budget Authorities, the funds covered by apportionment or item approved shall be come available. Said Board shall have no power to in clude within such apportionment any funds for the bene fit of public schools within any school district in which the public schools are operated in any manner other than that provided in subsection (a) above; nor shall the State Budget Authorities have any power to ap prove or make available any funds for such schools. If after the making and approval of any apportionment for the benefit of public schools within any school district such public schools shall thereafter be operated in any manner other than that provided in subsection (a) above, no further funds shall be paid from such appor tionment.
(c) After approval by the State Budget Authori ties of an apportionment of the State Board of Educa tion or any item thereof, any and all obligations and commitments in excess of the funds approved or violative of any of the provisions of this Section 7 shall be null and void, and the appropriations made in this Sec tion 7 are subject to all provisions of the Constitution of this State and all budget requirements not inconsistent herewith now or hereafter of general application.

SECTION 8
(a) For the cost of operating the State Board of Regents; for aid to the University System; for annual payment of $8,000.00 to the University of Georgia for old bank stock items; for cost of operating the State Soil Conservation Committee an amount of $200,000.00; for scholarships authorized by law $100,000.00; for experimental purposes; and for the cost of use and/or acquiring additions to plant and equipment for the University System ............-..,,._._.___________._____..__.___._..-.....-.-...- $ 29,885,000.00
Provided, that effective July 1, 1962 this appro priation shall be increased to the amount of $31,725,000 and said amount shall be the appropriation for the year July 1, 1962-June 30, 1963 until modified or repealed as provided by law.
Provided, that the above appropriations shall be in addition to the funds realized by the respective units in

THURSDAY, MARCH 2, 1961

1135

each fiscal year from Federal government, donations, gifts, earning from fees, rents, sales, and any and all other sources of income.

Provided, that the State Board of Regents shall within the first thirty days of each fiscal period first make an apportionment of funds to the various units of the University System from all funds available in the amounts necessary in each fiscal year to pay the annual lease contract commitments for the acquisition of prop erty, as provided for in the provision of the State Consti tution, ratified 1960 General Election and shall second, apportion the remaining funds available to the various units to cover cost incident to the operation and develop ment of the University System. The State Board of Regents shall immediately report the same to the State Budget Authorities for approval, whose approval shall be evidenced in writing.

Provided, further, that no provision in this Act or other laws shall be construed as authorizing the reduc tion of or the voiding of any part of the appropriations made in this section which is required to be allotted each fiscal year to meet the annual payments required under the fixed lease contracts with the University System Building Authority for the acquisition of property.

Provided, further, that all expenditures or obliga

tions authorized by the State Board of Regents or any

agency thereof, regardless of the source of funds there

for, shall be governed by the provisions of the Constitu

tion of the State of Georgia regulating the creation of

indebtedness and by the laws and budget regulations of

general application which are authorized by the General

Assembly.

-

(a) No part of this appropriation nor any funds realized by the State Board of Regents or the Uni versity System or any school or college from the Fed eral Government or from donations, gifts, earnings, fees, rents, sales or from any other source of income, shall be available for use or expenditure until made available from time to time by written order of the State Budget Authorities.

(b) No funds appropriated by this Section 8 or de rived from the sources of revenue referred to in sub section (a) hereof, shall be used or expended for any school or college except as herein otherwise provided and in conformity to the following: The State Board of Regents, within the first thirty days of each fiscal pe riod, shall make an apportionment of funds to the vari ous schools and colleges in the University System or operated by the State Board of Regents or otherwise within the provisions of this Section 8, first including in such apportionment the amounts necessary in each fiscal year to pay the lease contract commitments for the acquisition of property, and upon written approval

1136

JOURNAL OP THE HOUSE,

of such apportionment or any item thereof by the State Budget Authorities, the apportionment or item so ap proved by the State Budget Authorities shall be avail able for use and expenditure.

(c) For cost of operating the Eugene Talmadge Memorial Hospital under control of the Board of Regents _.,,,,,,_,,___,,______________ --___^ _,,,,__-__-$ 3,500,000.00

(d) For cost of operating the State Medical Edu cation Board including the payment of medical scholar ships as authorized by provisions of the Georgia State Constitution _______ __,,-____________.,,._._-_$

150,000.00

SECTION 9
For the State's contribution to the teacher retire ment fund, including cost of administration ___________________ $ 11,268,000.00
Provided, that effective July 1, 1962 this appropria tion shall be increased to the amount of $11,671,000 and said amount shall be the appropriation for the year July 1, 1962-June 30, 1963 until modified or repealed as authorized by law.

HIGHWAYS
SECTION 10
Appropriation for all highway purposes in this Sec tion 10 is to be in conformity with, and pursuant to, the mandate contained in Article VII, Section IX, Para graph IV of the State Constitution for each fiscal year commencing July 1, 1961, and shall be in an amount equal to all money derived from motor fuel taxes re ceived by the State Treasurer in each of the immedi ately preceding years, less the amount of refunds, re bates, and collection costs authorized by law. The imme diately preceding year to this first Constitutional appro priation shall be the fiscal year ending June 30, 1961. The fiscal officers of the State are hereby directed to, as of July 1st of each fiscal year (beginning July 1, 1961), determine the net collection of Motor Fuel Tax received by the State Treasury in the immediately pre ceding fiscal year and to enter said amount so deter mined on the records of the State, as being the appro priation payable in lieu of the amount appropriated herein in the event the amount appropriated herein is less than the net collections from Motor Fuel Tax in the immediately preceding fiscal year and any adjust ment so required shall be made in the amount appropri ated under subsection (b) of this Section.
(a) For State-matching participation in cost of construction, re-construction, improvement in highways and highway planning in cooperation with Federal gov ernment, including all cost items incident thereto and for no other purpose, provided, that not less than 50% of

THURSDAY, MARCH 2, 1961

1137

the State and Federal funds available in each fiscal year for work on the primary and secondary system of roads in Georgia shall be expended for widening and resurfacing, re-constructing and re-locating existing bridges and paved roads on the Federal-State Primary and Secondary Highway System _______________________________________ $ 26,270,731.62
(b) For cost of operating the Highway Department, for road and bridge construction, maintenance and im proving the State Highway System of roads and bridges and the cost incident thereto (provided all expenditures for county contracts shall be in accordance with and on the basis of average prices as authorized by law) the additional cost of matching Federal Aid funds which amount shall be apportioned and/or reserved from this appropriation item at the beginning of each fiscal year if sufficient funds are appropriated in subsection (a) of this Section; for convict camp contract operations; compensation claims, surveys and for payment of annual amounts required under lease contracts executed with the Authorities in conformity with provisions of the State Constitution and laws enacted pursuant thereto____.. $ 49,444,579.38

Provided, further, that any and all obligations and commitments made by the officials of the State High way Department, after the effective date of this law, which have not been authorized by the provisions of this Act and a specific budget allotment for which funds are available shall be null and void, and all expenditures shall be governed by law and budget regulations of gen eral application which are or may be in force and ef fect and not in contravention of Constitutional mandate.
(c) For grants to counties for aid in county road construction and maintenance as provided by law author izing the State Treasury to make such grants for high way purposes ____-_-._...__,,__________-_._,,,,-.,,___.._._________.____________ $

4,817,013.03

(d) For grants to counties for aid in county road construction _________..__________.__.....________________.._-,,__.________-_.._-__-___..__$ 4,500,000.00
Provided, that this sum shall be distributed and dis bursed by the State Treasurer for highway purposes based on information as to the total public road mileage furnished by State Highway Department; provided, how ever, that the sum appropriated in subsection (b) shall be distributed and disbursed to the various counties of the State in the same proportional basis to each county as the proportion of each county's total public road mile age is to the total public road mileage in the State.
(e) Notwithstanding any itemization of purposes for which funds are appropriated to the Highway De partment by this Section, the sums necessary, to pay rentals accruing under lease contracts executed, or to be executed, as authorized by law, between the Georgia State Highway Authority (continuation of the State Bridge Building Authority) as lessor, and the State

1138

JOURNAL OF THE HOUSE,

Highway Department, as lessee, pursuant to the Act of 1953 known as the "Georgia State Highway Authority Act" (Ga. L. 1953, p. 626), as amended and the sums necessary to pay the rentals accruing under the existing lease contract between the State Office Building Au thority as lessor and the State Highway Department as lessee, executed pursuant to the Act known as the "State Office Building Authority Act" (Ga. L. 1951, p. 699), and the sums necessary to pay rentals accruing under lease contracts executed between the Georgia Rural Roads Authority as lessor and the State of Georgia and the State Highway Department as lessee, pursuant to the Act known as the "Georgia Rural Roads Authority Act" (Ga. L. 1955, p. 124) are appropriated for the fiscal year beginning July 1, 1961 and for each and every fiscal year thereafter until all rentals due under all lease contracts are paid in full. In addition to the appropriations made by Section 46 of this Act, the ap propriations made by this Section 10 for the payment of said rentals shall constitute a first charge on all funds appropriated to the State Highway Department and upon all funds hereafter appropriated to the State High way Department pursuant to Article VII, Section IX, Paragraph IV of the Constitution of Georgia, or other-

HEALTH, PUBLIC WELFARE AND PENSIONS
SECTION 11
(a) For the cost of operating the State Prison In stitution System .................._.__..___.______._.__....,,-....._.________...,,..._._. $ 2,350,000.00
(b) For capital outlay costs--Authority Rentals...-. $ 400,000.00

SECTION 12

(a) For the cost of operating the Department of Public Health and grants to counties for public health programs ....___._...__.._..._......... . ..._____._________-_._._.-._.__..________--_$ 6,415,000.00

(b) For aid to local governmental subdivisions in establishing, constructing and equipping hospital facili ties to be administered and expended in the same man ner as other public health funds and in accordance with the provisions of the "Hill-Burton" Act of the United States Congress and rules and regulations of the State Board of Public Health ...-....._.___.._________._..__.._____________....._.._____$

2,500,000.00

(c) For annual cost of acquiring the Eugene Talmadge Memorial Hospital--Authority Rentals . . $ 840,000.00

(d) For cost of operating the Department of Pub lic Health-Tuberculosis Sanatorium _.___.____. ...____________._._.-____$ 4,000,000.00

(e) For matching Federal funds for benefits or services for crippled children as authorized by law--,,_... $ 1,000,000.00

THURSDAY, MARCH 2, 1961

1139

(f) For cost of operating the Alcoholic Rehabilita tion Division (Alcoholism, Georgia Commission on) _______ if 275,000.00

(g) For cost of operating Milledgeville State Hospital ____._____-.-_.._______________________....________-__-_________-_.____...._.. ______ $ 13,750,000.00

Provided however, that from said amount, the sum of $350,000.00 shall be used towards defraying the costs of adjusting the salaries of the employees of said hos pital under the merit system in an amount equal to one step in the pay plan, notwithstanding any regulations of the State Personnel Board to the contrary.

(h) For cost of operating Training School for

Mental Defectives

_..,,____ $ 2,685,000.00

(i) For cost of operating Mental Health Progran_-__ $ 700,000.00

(j) For capital outlay Milledgeville State Hospital, Training School for Mental Defectives and Rapid Treat ment Center--Authority Rentals _____ .-._________._________.........._..$ 1,310,000.00

Provided, effective July 1, 1962 the appropriation under subsection (a) shall be increased from $6,415,000.00 to $6,540,000.00; (g) shall be increased from $13,400,000.00 to $14,000,000.00 and (h) shall be in creased from $2,685,000.00 to $2,835,000.00 and said amounts shall be the appropriation for the year July 1, 1962-June 30, 1963 until modified or repealed as pro vided by law.
SECTION 13
(a) For the cost of operating the State Department of Public Welfare ____._....._._______._...__..._.__________________-_.....__...__._.$

700,000.00

(b) For grants to counties for aid in administra tion of county public welfare activities ______________________________ $ 2,035,000.00

(c) For matching Federal funds for benefits to old age, blind, permanently disabled and dependent children and maternity and foster home care for adoption pur poses as authorized by law ____. ..........................................^ 19,300,000.00

(d) For the support, maintenance and equipment of the State institutions under the management of the State Department of Public Welfare .__.______..___.____.._______..._$ 1,750,000.00

(e) For buildings and equipment of above State institutions _______.. ________________ ...................................................^ 500,000.00

SECTION 14 For pensions to Confederate widows _._ ______________..__...____ $ 218,000.00

SECTION 15
ALL OTHER AGENCIES Agriculture, Department of (a) For the operation of all activities of the De partment, including the operation of farmers markets______ $

2,600,000.00

1140

JOURNAL OF THE HOUSE,

Provided, that any of the subsections or para graphs of this Section appropriating money for enumer ated purposes shall be subject to adjustment between the appropriated items within the limitation of the total ap propriations of this Section, and upon budgetary allot ment, by the Budget Bureau.
(b) Livestock and Poultry
(1) For testing, vaccinating, branding and tagging livestock, including indemnities for livestock slaugh tered in disease eradication, and for livestock and poul try disease eradication and control --.._--____----_...._._-_--... $
(2) For meat and poultry inspection ........ $
(3) For hog cholera control and eradication ---.___._$
(4) For poultry laboratory acquisition, development and equipment _-_-____-_.._--......--...._.,,-..______...._..._.-__...._ $
(c) For farmers markets development, improve ment, maintenance and repair ______-_---_-_.________-------..-- $
(d) For seed development, including contracts with Georgia Seed Development Commission ______________________ $
(e) Entomology Division
(1) For the operation of the Entomology Division
and
For insect and pest control and eradication ______________ $
(f) Georgia Milk Commission
(1) For cost of operation ______...-...-.______.______.._______._____$
(2) For contracts with Board of Regents and Uni versity of Georgia ,,._.___,,-________.___________.___._____ $
(g) For capital outlay--Annual lease contract obli gation payable to the State Farmers' Market Authority for Atlanta Farmers' Market .__._..._......._..__________.____.__._____$
Provided, that notwithstanding any itemization of purposes for which funds are appropriated to the Agri culture Department by this Section, the sums necessary to pay rentals accruing under lease contracts hereto fore or hereafter executed the State Department of Agri culture for leasing of property from State Authorities shall constitute a first charge on all funds appropri ated to the State Department of Agriculture by this Section or otherwise.

643,000.00 300,000.00 300,000.00 150,000.00 150,000.00 150,000.00
600,000.00 242,400.00
30,000.00 650,000.00

SECTION 16 Art Commission, Georgia--For cost of operating...... $

100.00

THURSDAY, MARCH 2, 1961
SECTION 17 Audits, Department of--For the cost of operating all activities of the Department, county school auditing and Budget Division ___.___.._..____-_-....,,...._....-..-__.-........-..-....,,

1141 250,000.00

SECTION 18
Banking, Department of--For the cost of operating all activities of the Department, including examination of credit unions ...............,,,,......................_...._,,_..,,.....,,.....___.

305,000.00

SECTION 19
Capitol Square Improvement Committee--
(a) For cost of operating the old State Office Building _.__.,,______.______.__.- $ 150,000.00
(b) For capital outlay--annual cost of acquiring the Judicial, Agricultural, Health and other Office Build ings and facilities--Authority rentals -----.,,..-...--------- $ 1,977,752.87

SECTION 20
Commerce, Department of--For the cost of operat ing .__.._,,..,,____.---$

650,000.00

SECTION 21

Comptroller General--For cost of operating the of fice of Comptroller General, Insurance Commissioner, Fire Inspection Division, Building Safety Council and Insurance Rate Division, Industrial Loan Commissioner and the Liquefied Petroleum Safety Act _ -,, . -
Provided, that effective July 1, 1962, this appro priation shall be increased to the amount of $800,000.00 and said amount shall be the appropriation for the year July 1, 1962-June 30, 1963 until modified or repealed as provided by law.

750,000.00

SECTION 22

Conservation--

(a) For the cost of operating the Department of Forestry ____._________._____________,,______________,,_____,,_______---_____________.-_.$ 2,225,000.00

Provided, that effective July 1, 1962, this appropria tion shall be increased to the amount of $2,275,000.00 and said amount shall be the appropriation for the year July 1, 1962-June 30, 1963 until modified or repealed
as provided by law.

(b) For the cost of operating the Forestry Research Council including allotment annually to Herty Founda tion _._.___.___.._..........,,.. ......_..,,.____.,,__.____....__..-...........-__._.....______- $

280,000.00

1142

JOURNAL OF THE HOUSE,

Provided, that effective July 1, 1962, this appropria tion shall be increased to $290,000.00 and said amount shall be the appropriation for the year July 1, 1962-June 30, 1963 until modified or repealed as provided by law.
Provided, that the sum of $50,000.00 shall be paid during the fiscal year, 1961-1962, to the Herty Founda tion on contract for furnishing of equipment.
(c) For the cost of operating Game and Fish Com mission _____.,,...-....-.........,,._-_._.._.__.______.__..________------_..-._----._-__- i
(d) For cost of operating Department of Mines, Mining and Geology, including Oil and Gas Commission.. I
(e) For cost of operating Department of Parks and developing State Parks ..._......... ....................,,_._._.__..._.___._._..._ .f

1,595,000.00 256,000.00 700,000.00

SECTION 23
Corrections, State Board of--For cost of operating.... $
Provided, that any invoice or bill for expense in curred by the State incident to the enforcement of provi sions of the Uniform Extradition Act (Acts 1951, pp. 726, 737) shall upon approval of the Governor be paid by the Department from the appropriation made in this section.
SECTION 24
Executive Department
(a) For the cost of operating the Executive Depart ment, including cost and maintenance expense of execu tive automobile and telephones at the Executive Man sion .._.._._...._............,,....._._.._..___.____.,,___._._______._____________._.____._. $
(b) For allowance payable monthly for cost of oper ating the Executive Mansion, including servants' hire, food, other supplies and laundry __....._________..__.____.___.._.,,_..__. $
Provided, that the accounts to furnish the necessary heat, light, power, water, repairs, furnishings and equip ment at the Executive Mansion shall be paid by the pub lic buildings and grounds fund administered by the Sec retary of State.
(c) For a contingent fund of the Executive De partment for other costs of operating, namely, rewards, dues Governors' Conference and special committee ex penses __________________________________________________________________________ S

150,000.00
200,000.00 17,500.00 22,500.00

SECTION 25
Historical Commission, Georgia--For the cost of operating the Commission ____________________________________,,_________.._ $

125,000.00

THURSDAY, MARCH 2, 1961

1143

SECTION 26
Jekyll Island Committee
(a) For cost of operating Island and Maintaining public beaches and facilities ____....._..,,_......,,.-...._...................$
(b) For capital outlay--to include sewerage system so as to prevent pollution of Inland Waterway __._....____.___ $

750,000.00 450,000.00

SECTION 27
Labor, Department of
(a) For the cost of operating the Commissioner's Office and Factory Inspection Division ___---._-......,,.._,,,,._ $
(b) For that part cost of operations of the Employ ment Security Agency as authorized by Act approved March 8, 1945 _._._._.......,,............___.___.___________-...---._................$

175,000.00 85,000.00

SECTION 28

Law, Department of--For the cost of operating the

Department of Law

,,,,,,,,-.,,-._,,___$

Provided, that the compensation of all Assistant At torneys-General, Deputy Assistant Attorneys- General, all law clerks and stenographic help necessary to carry on the legal duties of the State required of Department of Law or any other agency of the State in the execu tive branch of the State Government, shall be paid from this fund. No other agency is authorized to expend the funds appropriated as otherwise available from any source for the support and maintenance of the respec tive agency for the purpose for which provision is made in this item unless the payment is made 100% from
Federal Funds.

SECTION 29

Library, State--For the cost of operating the State Library and the purchase of new books and publications- $

450,000.00 44,000.00

SECTION 30
Literature Commission, State--For cost of opera tions

15,000.00

SECTION 31

Pardons and Paroles, State Board of--For cost of

operating Board

,,...,,__

$

320,000.00

SECTION 32
Statewide Probation System to be administered by a State Board of Probation--For the cost of operating aforesaid Board and System ......___.__._..._.___..______.._..._____.,,___._. $

430,000.00

1144

JOURNAL OP THE HOUSE,

SECTION 33
Pharmacy Board--For the cost of operating the Of fice of Chief Drug Inspector ,,.._......________.__._.....__.____.._.._._ $

48,000.00

SECTION 34
Public Defense, Department of--For the cost of operating the Military Division, aid to military organi zations and cost of operating the Civil Defense Division.. $

545,000.00

SECTION 35
Public Safety, Department of--For the cost of oper ating the Department of Public Safety ._.__...........,______....._$ 5,225,000.00

SECTION 36
Public Service Commission--For the cost of operat ing the Utilities Division and the Motor Carriers Divi sion of the Public Service Commission _._._..._....._.......___....... $

400,000.00

SECTION 37

Revenue, Department of--For the cost of operating the Department of Revenue, including liquor warehouses, provided, that the liquor warehouse charges shall be maintained and that same shall be immediately imbursed into the State Treasury ..___..._..,,_....,,_ $

6,670,000.00

Provided, further, that in addition to the above ap propriation, there is hereby appropriated as needed, a specific sum of money equal to each refund authorized by law, which is required to make refund of collections made in error, farmer gasoline tax refund and any other refunds specifically authorized by law. No whole sale distributor of gasoline shall be entitled to a refund covering shrinkage in the process of retailing gasoline as authorized by Act of Georgia General Assembly of 1947 (Ga. Laws 1947, p. 1115), by virtue of said whole sale distributor being engaged in retailing gasoline.

SECTION 38

Secretary of State--

(a) For the cost of operating the Office of Secre

tary of State; Corporation Division; Building and Loan

Division; Securities Division; Commission's Division and

Joint Secretary's Office

_..----_._,,__-_________.___--__. $

(b) For cost of operating Archives and History and Museum Division _.---.._.__..-.---.----_.,,----....--. $

(c) For cost of operating the several examining Boards .__..___.___._.. .........._.___..__._._.___._.._....,,.........__.._.,,___...___.,,. $

377,500.00 160,000.00 360,000.00

THURSDAY, MARCH 2, 1961

1145

Provided, that $200,000.00 of the funds appropriated in this item shall be apportioned to each board in exact ratio of the revenue collections of each board and $60,000.00 shall be available to meet emergencies in the expenses of the boards in discretion of the Secretary of State with approval of the State Budget Authorities.
(d) For cost of housing and safe-keeping permanent and valuable State records and micro-filming of perma nent and valuable State records _.._.__..___________._,, ...... $
(e) or cost of operating State Capitol building and grounds; the maintenance of Confederate cemeteries; the repairs, furnishings, equipment, heat, light, power, water and upkeep of grounds at the Mansion and for insurance on public property not otherwise provided for .,,_________... $
Provided, that the State agency having in charge any State property shall pay the premium of insurance on such property.
(f) Special repairs Capitol Building and Mansion.... $
(g) For capital outlay--Authority Rents to acquire new Archives and History Building __.....__.........,,-- $

70,000.00
255,000.00 100,000.00 450,000.00

SECTION 39
Stone Mountain Memorial Committee
(a) For operating cost including cost of improve ments by convict labor .........._....... ._._._.._______,,____,,.____..___..____._$
(b) For capital outlay--Authority annual rents for cost of development of facilities ......._._.___..._...-.. ....._..___. $

300,000.00 350,000.00

SECTION 40
Supervisor of Purchases--For the cost of operat ing the office of Supervisor of Purchases ___,,___.______._______,,. $

240,000.00

Treasury, State

SECTION 41

(a) For the cost of operating the State Treasury____$

(b) For operating the office of Bond Commissioner as per Section 40-1201 of the Code of Georgia _..._. $

SECTION 42
Treasury Land Title Fund--There is hereby in trust for this fund the actual amount of receipts as required by law.
SECTION 43
Veterans Service Office
(a) For the cost of operating the Department......... $

90,000.00 10,000.00
740,000.00

1146

JOURNAL OF THE HOUSE,

(b) For cost of operating Veterans Home Com

mission

..................................................I 112,000.00

SECTION 44

Workmen's Compensation, State Board of--

For cost of operating the State Board of Workmen's

Compensation

____.__...,,.... ....._..___..___._____.___._......,,.._...._._.._ $

399,000.00

SECTION 45
Georgia Watersways Commission-- For the cost of operation __________________ .. .... .._____ $

500.00

SECTION 46
OBLIGATIONS UNDER LEASE CONTRACTS
Pursuant to the mandate contained in Article VII, Section VI, Paragraph I (a) of the Constitution of the State of Georgia, as amended, there are hereby appro priated, payable to each department, agency or institu tion of the State, sums sufficient to satisfy the payments required to be made in each year under lease contracts now in existence or to be hereafter entered into during the current fiscal year pursuant to the above stated provision of the Constitution of Georgia by and between such department, agency or institution of the State, and any State Authority which had been created and acti vated at the time of the effective date of the aforesaid Constitutional provision, as amended.
Notwithstanding any itemization of purposes for which funds are appropriated to various departments and agencies by any other provision of this Appropria tions Act, the sums necessary to make all payments re quired under lease contracts heretofore or hereafter exe cuted between any department, agency or institution of the State and any authority created and activated at the time of the effective date of the aforesaid Constitutional provision, as amended, are appropriated for the fiscal year beginning July 1, 1961, and for each and every fiscal year thereafter until all payments required under said lease contracts have been paid in full; and if, for any reason, any of the sums herein provided under any other provisions of this Act are insufficient in any year to make the required payments in full, there shall be taken from any other funds appropriated to the de partment, agency or institution involved an amount suf ficient to satisfy any such deficiency in full, and the lease payments shall constitute a first charge on all such appropriations.
The General Assembly finds that the following named Authorities (without limitation on or prejudice to any authority not named) were created and activated prior to the effective date of the above referred to Con stitutional provision:

THURSDAY, MARCH 2, 1961

1147

State School Building Authority University System Building Authority State Hospital Authority State Highway Authority (formerly State
Bridge Building Authority) Georgia Rural Roads Authority State Farmers Market Authority State Office Building Authority State Penal and Rehabilitation Authority
The General Assembly declares that the sums hereby appropriated are to pay the general obligations of the State incurred under valid lease contracts and such ap propriations are to be paid from the general funds of the State as a first charge upon such general funds.

SECTION 47
All appropriations and expenditures authorized by this Act shall be subject to provisions of Article VII, Section IX, Paragraph II of the Constitution of Georgia, which continues in force and effect Sections 55, 57, 58, 59, 60, 62 and 63 of Appropriation Act, approved Janu ary 29, 1943, same being laws of general application to all appropriations made by the General Assembly.

SECTION 48
INCOME EQUALIZATION ACCOUNT The State Treasurer and other fiscal officers are authorized and directed to set up as an appropriation in this account an amount equal to the amount or amounts that is determined by the State Auditor to be a surplus in available funds after the prorating of monthly income has been made to the monthly allotments authorized under this Act. In the event the income for the month is insufficient to make a 100% prorating to meet the allot ments authorized under this Act, the State Auditor is au thorized to utilize the necessary amount from this fund to cover the deficiency. In the event there is at any time a surplus in this account, the amount of same shall be available and is appropriated for allotment for high way construction or for other purposes, in accordance with the provisions of Section 8 of the Budget Act of 1931 (Georgia Laws 1931 Extraordinary Session, pp. 94, 98).
SECTION 49
In the event it is determined by the Budget Bureau that the total receipts in the State Treasury from state revenue funds in a fiscal year for which appropriations are made in the foregoing sections of this Act are to be less than the amount needed to pay in full the specific appropriations authorized, the State Budget Authority is authorized and is hereby directed to make a pro rata reduction of the amount that each appropriation item

1148

JOURNAL OF THE HOUSE,

provided for in the foregoing Section of this Act is in ex cess of the actual operating budget allotment approved by the Budget Bureau for each respective item for each fiscal year. Said pro rata reduction in each fiscal year shall be equal to the percentage that the total amount of the deficiency in the Treasury receipts in the fiscal year is to the amount that is the aggregate total amount of the appropriations provided for in the foregoing sec tions of this Act is in excess of the aggregate total of the actual operating budget allotments approved by Budget Bureau in each respective fiscal year.
The amounts of the appropriations so reduced as di rected herein and as determined by the Budget Bureau shall cease to be an obligation of the State.
Provided, further, the Budget Authority is hereby directed to economize wherever possible and in the event any part of the appropriations provided in the fore going sections of this Act shall be in excess of the actual approved budget allotments for each fiscal year, the amounts so in excess as determined by the Budget Bu reau shall cease to be an obligation of the State.

TOTAL REGULAR APPROPRIATIONS--

FOR FISCAL YEAR JULY 1, 1961-JUNE 30, 1962 ___. _.__,,___--___.____ $412,489,176.90

FOR FISCAL YEAR JULY 1, 1962-JUNE 30,

1963 -...

$420,100,676.90

SECTION 50
Be it further enacted by the General Assembly of Georgia and it is hereby enacted by authority of same, that in the event the actual receipts in the State Treas ury from State revenue funds in a fiscal year for which appropriations are made in this Act, exceeds the amount needed to pay the appropriations of this Act and/or al lotments authorized by the foregoing sections of this Act and having budgetary approval, the Budget Authori ties are authorized and directed to make available the following contingent appropriations for each fiscal year in the amounts and for purposes authorized. If there are not sufficient funds as above provided to pay the fol lowing contingent appropriations in full, the Budget Au thorities are authorized and directed to make available such part of any of the contingent appropriations as can be paid from the excess income of the State for the fiscal year for which appropriations are made in this Act. The State Treasurer and the Comptroller General are authorized and directed to set up the contingent appriations in full or in part upon receiving authorization from the Budget Authorities and same shall be in addi tion to the appropriations or allotments authorized by the foregoing sections of this Act.

THURSDAY, MARCH 2, 1961

1149

EDUCATION

(a) To supplement and to become a part of the appropriation provided for the State Board of Education for educational purposes, an amount sufficient to pro vide a minimum of $100.00 salary increase for stateallotted teachers and for all other purposes provided for under Section 7 of this Act.

Provided, however, that the supplement authorized hereunder shall be subject to all rules, regulations, re strictions and limitations set forth in Section 7 of this Act _____________________________ ,,,,,,.._.._,,.____,,._.,,_______,,...,,,,,,_____________,,_._.,,____$ 10,000,000.00

(aa) For additional amounts for educational grants to be calculated by the Governor so as to make such grants in an amount that the Governor may deem nec essary for education _______________________________________ ________________._,,.... $

5,000,000.00

(b) To supplement and become a part of appropria tion provided for the State Board of Regents for the educational purposes, including salary raises, provided for under Section 8 of this Act.

Provided, however, that the supplement authorized hereunder shall be subject to all the rules, regulations, restrictions and limitations set forth in Section 8 of this Act.

Aid to University System for maintenance, salary raises, for new buildings, plant and equipment and for watershed development _____________________._.._,,___.______._,,_____.,,__ $ 5,100,000.00

(c) To supplement and become part of appropria tion to provide the State's contribution to the Teacher Retirement Fund ________.,,_. __________ ____________ .. $ 1,500,000.00

HIGHWAYS
(d) To supplement and become a part of the appro priation for cost of highway activities ____..___..__-_______._.,,.._._._ $ 4,000,000.00

HEALTH, PUBLIC WELFARE

(e) To supplement and become part of the appro priation to Department of Public Welfare for matching Federal Funds for benefits to old age, blind, permanently disabled and dependent children and for additional ad ministration expense _____-,,._--_----___ $

3,000,000.00

(ee) For matching Federal Aid funds for new pro gram of Medical Care for Aged for State Department and County Department Administration, as authorized by law _.,,_____.__._____._.____.___._._-_--__-------_,,____- $

5,000,000.00

(f) To supplement and become part of appropria tion for the support, maintenance and equipment of State institutions under management of Department of Public Health and for other health activities as may be ap proved in budget _______________________...._.__....__________.,,.__-___-,,_.-.-__. $

3,000,000.00

1150

JOURNAL OF THE HOUSE,

OTHER AGENCIES

(g) For cost of development of the various State Parks ........_.......__.....________..._._._.._.__-..__..__.___.___.______......_____..._._.. $ 500,000.00

(h) For additional Farmers Market facilities under control of Department of Agriculture .._.....-____._________.____....$ 200,000.00

(i) To supplement and become part of the appro priation to Revenue Department for the purpose of mak ing grants to political subdivisions to aid in cost of study of assessments of property for tax purposes ........._.___.___. $

1,000,000.00

(j) For grants to municipalities to aid in the cost of operating said municipalities _..._...... _______--,,._ .____._._...._._..,,. $ 5,000,000.00

(k) To supplement and become part of the appro priation to the State Board of Corrections for the opera tion of prisons ____.._..____._.,,_._._...__..._....,,_______.__.....__._______..___________$

500,000.00

(1) For State Ports Development, including inland

facilities ..._._...__.._.._.______._._.__._._..._.-........___.....

.__,,,,,, $ 4,000,000.00

TOTAL CONTINGENT APPROPRIATIONS ________,,$ 47,800,000.00

SECTION 51
All laws and parts of laws in conflict with the pro visions of this Act are hereby repealed.

The following amendments to the Senate substitute were read and adopted:
Mr. Pannell of Murray moves to amend Senate Sub to HB 90 by striking Paragraph D of Section 50 of said Sub in its entirety so that said Paragraph D when amended will read as follows:

HIGHWAYS
(a) To supplement and become a part of the appropriation for cost of highway activities _.._._._._._.._.............__._._________.........$10,000,000.00
Also by striking- the figures $47,800,000.00 as the Total Con tingent Appropriations of said Section 50, and insert in lieu there of the figures $53,800,000.00.
Mr. Pannell of Murray, moves to amend Senate Substitute to HB 90 by striking the following phrases from Section One of said bill, to wit:
"For cost of operating office of Lieutenant-Governor author ized by law." and inserting in lieu thereof a new phrase to read, as follows:
"For cost of operating the Office of Lieutenant-Governor and Speaker of the House of Representatives authorized by law" and further by striking the phrase from said Section One "for mem bership in Council of State Governments and Marine Fisheries Compact" and inserting in lieu thereof a new phrase to read as fol lows: "For membership in Council of State Governments, National Conference of Legislative Leaders and Marine Fisheries Compact."

THURSDAY, MARCH 2, 1961

1151

Mr. Pannell of Murray moves to amend Section 8 of the Senate Sub to HB 90 by adding the following language at the end of such section to read as follows:
Provided, however, that should a reduction or pro rata cut be made under the terms of this Act, or by law, the Budget Bureau, in reallocation of any surplus created thereby, except for con tingencies authorized by this Act or for emergencies determined by the Budget Bureau, shall first allocate to the department of Education to restore all or any part of any reduction in teachers' salaries only, and all or any part of reduction in bus drivers' salaries only, or to restore all or any part of any reduction made in the appropriation hereunder for welfare assistance benefits only.
In the event, of restoration of any appropriations, other than those set forth above, they shall be restored on a pro-rata basis to the extent that funds are available, as determined by budget authorities.

The following amendment was read:
Mr. Mackay of DeKalb moves to amend Senate Substitute to HB 90 as follows:
By striking from the title the words "and for each and every fiscal year thereafter until repealed or modified by law".
By placing a period after the figure "1962" in the Enacting Clause, and by striking from the Enacting Clause, "and for each and every fiscal year thereafter until repealed or modified by law."
By adding a new Section to be known as Section 49A to read as follows:
"Section 49A. Any other provisions contained hereinbefore in this Act to the contrary notwithstanding, the appropriations pro vided hereinbefore shall only be for the fiscal year July 1, 1961June 30, 1962, and any appropriations provided for any other fiscal year shall not be affective."

On the adoption of the amendment to the Senate substitute, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Andrews of Hall Ballard Bolton Bowen of Randolph Bowen of Toombs Brooks of Pulton Carswell Chandler Cloer Conner Deen

Dickey Dorminy Dunn Fleming Ployd Fordham Fowler of Douglas Fowler of Treutlen Funk Harrell Hill

Hull Johnson Jones of Sumter Kidd Killian Kirkland Knight of Laurens Lane Lanier Lewis Lowrey

1152

JOURNAL OF THE HOUSE,

Mackay Masses Matthews of Colquitt McClelland Melton Milhollin Mixon Murphy Newton Odom Paris

Parker of Screven Farmer Phillips of Bibb Pickard Raulerson
Ray Scarborough Sheffield Smith of Grady Smith of Pulton
Steis

Story Strickland Tamplin Thornton Tucker Undercofler Walker of Lowndes Ware Wells of Peach Wilkes Williams of Coffee

Those voting in the negative were Messrs.:

Abney Adams Akins Andrews of Stephens Arnsdorff Barber Barnett of Wilkes Barnett of Baker Barrett Baughman Birdsong Black Blalock
Boggs Boyett Bozeman Branch Brooks of Oglethorpe Brown Budd Busbee Bynum Caldwell Chance Clark of Catoosa Clarke of Monroe Coker Collins Cox Crowe Davis Dollar Doster Duncan of Fannin Duncan of Carroll Echols Fitzgerald Flexer Flynt Fuqua Greene

Hale Hall of Lee Henderson Hodges Horton Howard Jernigan Joiner Jones of Liberty Jones of Worth Jones of Lumpkin Jordan Keadle Kelly Keyton Killingsworth Kimmons
King Knight of Berrien
Lee Loggins Lokey Matthews of Clarke McCutchen McDonald McGarity Moate Moore Moorman Morgan Morris Moss Mullis NeSmith Otwell Pannell Parker of Ware Parker of Appling Payton Pelham Phillips of Columbia

Phillips of Walton Poole Potts Purcell Rodgers of Charlton Rogers of Paulding Roper Ross Rowland Sangster Scoggin Shuman Simmons Simpson Sinclair Singer Smith of Brantley Smith of Habersham Smith of WhitfieW Stevens Stuckey Summers Tabb Taylor of Dawson Taylor of Decatur Teague Underwood of Taylor Vaughn Waldrop Walker of Telfair Watson Wells of Oconee Wells of Camden White Wickham Williams of Hall Willingham Wilson Woodward Young

THURSDAY, MARCH 2, 1961

1153

Those not voting were Messrs.:

Brackin Cocke Crawford Culpepper Dicus Hall of Floyd

Hurst Lovett McCracken Miller Robert Rutland

Taylor of Bibb Todd Twitty Underwood of
Montgomery Mr. Speaker

On the adoption of the amendment to the substitute, the ayes were 66, nays 122.

The amendment to the Senate substitute to HB 90 was lost.

The. following amendment was read:
Mr. Kidd of Baldwin moves to amend Senate substitute for HB 90 as follows:
By striking the figure "$13,750,000.00" as it appears in sub section (g) of Section 11, and substituting in lieu thereof "$14,000,000.00" and by striking from the last paragraph of Sec tion 11 the figures "$13,400,000.00" and "$14,000,000.00" and sub stituting in lieu thereof the figures "$14,000,000.00" and "$14,600,000.00 respectively, and by striking at the end of Section 49 the figures "$412,489,176.90" and "420,100,676.90" and substituting in lieu thereof "$412,739,176.90" and "$420,350,676.90" respectively.

On the adoption of the amendment to the Senate substitute the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Adams Andrews of Hall Arnsdorff Barber Bolton Bowen of Randolph Brooks of Fulton Carswell Chandler Cloer Cocke Culpepper Deen Dorminy Dunn Fleming Floyd Fordham Fowler of Treutlen Funk Hall of Floyd

Hodges Hull Kidd Kirkland Knight of Laurens Lane Lewis Lovett Massee Matthews of Colquitt McClelland Melton Milhollin Mixon Moate Murphy Newton Odom Paris Parker of Ware Farmer Phillips of Bibb

Pickard Purcell Raulerson Ray Rowland Rutland Scarborough Sheffield Smith of Fulton Smith of Habersham Taylor of Bibb Thornton Todd Tucker Twitty Undercofler Walker of Lowndes Wells of Peach White Wilkes Williams of Coffee Young

1154

JOURNAL OP THE HOUSE,

Those voting in the negative were Messrs.:

Akins Andrews of Stephens Barrett Baughman Black Blalock Boggs Boyett Bozeman Branch Brooks of Oglethorpe Brown Busbee Bynum Caldwell Chance Clark of Catoosa Clarke of Monroe Coker Collins Cox Crowe Davis Dickey Dicus Dollar Doster Duncan of Pannin Duncan of Carroll Echols Flexer Fuqua Hale Hall of Lee Harrell Henderson Hill Horton

Howard Jernigan Joiner Jones of Liberty Jones of Worth Jones of Lumpkin Jordan Keadle Kelly Killian Killingsworth Kimmons King Knight of Berrien Lee Loggins Lokey Lowrey Matthews of Clarke McCracken McCutchen McDonald McGarity Miller Moore Moorman Morgan Morris Moss Mullis NeSmith Otwell Pannell Parker of Appling Pay ton Pelham Phillips of Columbia Phillips of Walton

Poole Potts Rodgers of Charlton Rogers of Paulding
Roper Ross Sangster Shuman Simmons Sinclair Singer Smith of Grady Smith of Brantley Smith of Whitfield Steis Stevens Story Stuckey Summers Tabb Tamplin Taylor of Dawson Taylor of Decatur Teague Underwood of Taylor Vaughn Waldrop Walker of Telfair Ware Watson Wells of Oconee Wells of Camden Wickham Williams of Hall Willingham Wilson Woodward

Those not voting were Messrs.:

Ballard Barnett of Wilkes Barnett of Baker Birdsong Bowen of Toombs Brackin Budd Conner Crawford

Fitzgerald Flynt Fowler of Douglas Greene Hurst Johnson Jones of Whitfield Keyton Lanier

Mackay Parker of Screven Roberts Scoggin Simpson Strickland Underwood of
Montgomery Mr. Speaker

On the adoption of the amendment to the substitute, the ayes were 66, nays 113.

The amendment to the Senate substitute to HB 90 was lost.

THURSDAY, MARCH 2, 1961

1155

An amendment offered by Mr. Massee of Pulaski was read and lost.

Mr. Ballard of Newton moved that the House adjourn.

On the motion to adjourn, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Andrews of Hall Ballard Bolton Bowen of Toombs Bozeman Brooks of Pulton Chandler Conner Dorminy Dunn Fitzgerald Fleming Fowler of Douglas Fowler of Treutlen

Hill Hull Johnson Keyton Kidd Kirkland Knight of Laurens Lane Lovett Massee Matthews of Colquitt McClelland McCracken Milhollin Mullis

Newton Odom Paris Parker of Screven Farmer Ray Smith of Grady Steis Strickland Thornton Tucker Undercofler Wells of Peach Wilkes Williams of Coffee

Those voting in the negative were Messrs.:

Abney Akins Andrews of Stephens Arnsdorff Barber Barnett of Wilkes Barnett of Baker Barrett Baughman Birdsong Black Blalock Boggs Boyett Brackin Branch Brown Budd Bynum Caldwell Carswell Chance Clark of Catoosa Clarke of Monroe Cloer Cocke Coker Collins

Cox Crowe Da vis Dickey Dicus Dollar Doster Duncan of Fannin Duncan of Carroll Echols Floyd Fordham Fuqua Greene Hale Hall of Lee Hall of Floyd Harrell Henderson Hodges Horton Howard Hurst Jernigan Joiner Jones of Liberty Jones of Lumpkin Jones of Sumter

Jordan Keadle Kelly Killian Killingsworth Kimmons King Knight of Berrien Lanier Lee Lewis Loggins Lokey Matthews of Clarke McCutchen McDonald McGarity Melton Miller Moate Moore Moorman Morgan Morris Moss NeSmith Otwell Pannell

1156

JOURNAL OF THE HOUSE,

Parker of Ware Parker of Appling Pelham Phillips of Columbia Phillips of Walton Pickard Poole Potts Roberts Rodgers of Charlton Rogers of Paulding Roper Ross Rowland Rutland Sangster Scoggin

Sheffield Shuman Simmons Simpson Sinclair Singer Smith of Brantley Smith of Habersham Smith of Whitfield Story Stuckey Summers Tabb Taylor of Dawson Taylor of Decatur Taylor of Bibb Teague

Underwood of Montgomery
Underwood of Taylor Vaughn Waldrop Walker of Lowndes Walker of Telfair Ware Watson WWehliltse'of Camden
Wickham Williams of Hall Willingham Woodward Young

Those not voting were Messrs.:

Bowen of Randolph Brooks of Oglethorpe Busbee Crawford Culpepper Deen Flexer Flynt Funk

Jones of Worth Lowrey Mackay Mixon Murphy Payton Phillips of Bibb Purcell Raulerson

Scarborough Smith of Fulton Stevens Tamplin Todd Twitty Wells of Oconee Wilson Mr. Speaker

On the motion to adjourn, the ayes were 45, nays 133.

The motion was lost.

Mr. Pannell of Murray moved that the House agree to the Senate substitute, as amended, by the House, to HB 90.

On the motion to agree to the Senate substitute as amended, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Adams Akins Andrews of Stephens Ballard Barber Barnett of Baker Barnett of Wilkes Barrett Baughman Birdsong Black

Blalock Boggs Boyett Bozeman Brackin Branch Brooks of Oglethorpe Brown Budd Busbee Bynum Caldwell

Carswell Chance Clark of Catoosa Clarke of Monroe Cocke Coker Collins Cox Crawford Crowe Culpepper Da vis

THURSDAY, MARCH 2, 1961

1157

Dicus Dollar Doster Duncan of Carroll Duncan of Fannin Echols Fitzgerald Flexer Flynt Fuqua Greene Hale Hall of Lee Harrell Henderson Hodges Horton Howard Hurst Jernigan Joiner Jones of Liberty Jones of Lumpkin Jordan Keadle Kelly Killian Killingsworth Kimmons King Knight of Berrien Lee Loggins Lokey

Matthews of Clarke McCutchen McDonald McGarity Miller Moate Moore Moorman Morgan Moss Mullis Murphy NeSmith Otwell Pannell Parker of Appling Parker of Ware Payton Pelham Phillips of Columbia Phillips of Walton Poole Potts Purcell Robert Rodgers of Charlton Rogers of Paulding Roper Ross Rowland Rutland Sangster Scoggin Shuman

Simmons Simpson Sinclair Singer Smith of Brantley Smith of Fulton Smith of Habersham Smith of Whitfield
Stevens Story Stuckey Summers Tabb Tamplin Taylor of Dawsbn Taylor of Decatur
Teague Underwood of
Montgomery Underwood of Taylor Vaughn Waldrop Walker of Telfair Watson Wells of Camden Wells of Oconee White Wickham Williams of Coffee Williams of Hall Willingham Wilson Woodward Young

Those voting in the negative were Messrs.:

Andrews of Hall Arnsdorff Bolton Bowen of Randolph Bowen of Toombs Brooks of Fulton Candler Cloer Conner Deen Dickey Dorminy Dunn Fleming Floyd Fordham Fowler of Douglas Fowler of Treutlen

Funk Hall of Floyd Hill Hull Johnson Jones of Sumter Jones of Worth Keyton Kidd Kirkland Knight of Laurens Lane Lanier Lewis Lovett Lowrey Massee Matthews of Colquitt

McClelland McCracken Melton Milhollin Mixon Morris Newton Odom Paris Parker of Screven Farmer Pickard Raulerson Ray Scarborough Sheffield Smith of Grady Steis

1158

JOURNAL OF THE HOUSE,

Strickland Taylor of Bibb Thornton Todd

Tucker Twitty Undercofler Walker of Lowndes

Ware Wells of Peach Wilkes

Those not voting were Messrs.:

Mackay

Phillips of Bibb

Mr. Speaker

On the motion to agree to the Senate substitute, as amended by the House, the ayes were 137, nays 65.

The House agreed to the Senate substitute, as amended by the House, to HB 90.

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

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

FRIDAY, MARCH 3, 1961

1159

Representative Hall, Atlanta, Georgia. Friday, March 3, 1961.

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

Prayer was offered by the Chaplain.

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

Abney Adams Akins Andrews of Stephens Arnsdorff Barber Barnett of Wilkes Barnett of Baker Baughman Black Blalock Boggs Bolton Bowen of Toombs Boyett Bozeman Brackin Brooks of Oglethorpe Brooks of Fulton Brown Budd Busbee Bynum Caldwell Carswell Chance Clark of Catoosa Cloer Cocke Coker Collins Conner Crawford Crowe Culpepper Davis Deen Dickey Doster Duncan of Fannin
Dunn Echols Fitzgerald Flexer

Floyd Fordham Fowler of Douglas Fowler of Treutlen Funk Greene Hall of Lee Hall of Floyd Harrell Henderson Hill Hodges Hurst Jernigan Johnson Joiner Jones of Liberty Jones of Lumpkin Jones of Sumter Jordan Keadle Kelly Keyton Killian King Kirkland Knight of Laurens Knight of Berrien
Lane Lanier Lee Lewis Lokey Lovett Lowrey Mackay Massee Matthews of Clarke Matthews of Colquitt McClelland McCracken McCutchen McDonald Melton

Milhollin Miller Mixon Moore Moorman Morgan Morris
Moss Mullis Murphy Odom Otwell Pannell Paris Parker of Screven Parker of Ware Parker of Appling Farmer Pelham Phillips of Bibb Pickard Poole Potts Purcell Ray Roberts Rodgers of Charlton Rogers of Paulding
Roper Ross Rowland Rutland Sangster
Scoggin Shuman Simmons Simpson Sinclair Singer Smith of Grady Smith of Fulton Smith of Habersham Smith of Whitfield Steis

1160
Stevens Story Strickland Stuckey Summers Tabb Taylor of Bibb Teague Thornton Todd

JOURNAL OF THE HOUSE,

Tucker Twitty Undercofler Underwood of
Montgomery Vaughn Walker of Lowndes Walker of Telfair Ware Watson

Wells of Peach Wells of Oconee White Wickham Williams of Coffee Williams of Hall Willingham Wilson Young

Mr. Black of Webster, Chairman of the Committee on Auditing, Enrolling, Engrossing and Journals, reported that the Journal of the previous legislative day 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 uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions.

The following report of the Committee on Rules was read and adopted:

Mr. Speaker:

Y6ur Committee on Rules met and fixed the calendar for today's business, Friday, March 3, 1961, and submits the following:

1. HB 390. Redefine retirement allowance

2. HR 140-408. Compensating George C. Brown

3. HB 494. Members of Military, absentee voting

4. HB 537. State Board of Education, lease property

5. HB 543. Pest Control Act, amend

6. HR 186-577. Compensate V. H. Puckett

7. HB 570. Truck Permit

8. HB 624. Agricultural products, define

9. SB

3. Secretary of State, salary

10. SB

4. State officials travel expenses

FRIDAY, MARCH 3, 1961

1161

11. SR

10. Peace Officers, subsistence allowance

12. SB

11. Treasurer, salary

13. HR

12. Convey property, East Point

14. SR

13. Relieve Vickery as security

15. SB

23. Admission of students to University

16. SB

28. Common Trust funds, amend

17. SB

29. Investments made by executor, amend

18. SB

31. Registration of securities

19. SB

33. Medical Assistance for aged

20. SB

36. Separate estate of wife, amend

21. SB

38. Vocational Rehabilitation, physically impaired

22. SB

39. Use of Capitol Building

23. SB

41. Chartering of corporations

24. SB

53. Juvenile Courts, amend

25. SB

63. Collection of taxes, amend

26. SB

74. State Board of Health, amend

27. SB

76. Practice chiropractic, dentistry, etc.

28. SB

92. Georgia Professional Service & Association Act

29. SB

100. Pensions for Firemen, amend

30. SB

104. Regulating advertising, amend

31. SB

116. Aid to Blind Act, amend

32. SB

117. Hospital Advisory Council

33. SB

32. Medical Assistance for aged

34. SB

162. Speed Traps

35. SB

24. Mixing of race in school

36. HB 392. Peace Officers' Annuity, amend

37. HR 187-599. Motor Vehicle, license plate

The Speaker shall have the right to call the above Bills and Resolutions in any order which he may desire.

Twitty of Mitchell, Vice-Chairman Undercofler of Sumter, Secretary

By unanimous consent, the following Bill of the House was introduced, read the first time and referred to the Committee:

HB 702. By Mr. Williams of Hall: A Bill to be entitled an Act to amend Code Section 92-1403, which pro-

1162

JOURNAL OF THE HOUSE,

vides for a levy of an excise tax on all distributors of motor fuel and/or kerosene and for certain exemptions from said levy, as enacted by an Act known as the "Motor Fuel Tax Law", as amended; and for other purposes.
Referred to the Committee on Ways and Means.

Mr. Ray of Warren County, Chairman of the Committee on Appropriations, submitted the following report:
Mr. Speaker:
Your Committee on Appropriations has had under consideration the following Resolution of the House and has instructed me, as Chairman, to report the same back to the House with the following recommendation:
HR 109-291. Do Pass, as Amended.
Respectfully submitted,
Ray of Warren, Chairman.

Mr. Busbee of Dougherty 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 135. Do Pass.
SB 151. Do Pass, as Amended. Respectfully submitted,
Busbee of Dougherty, Chairman.

Mr. Busbee of Dougherty 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 691. Do Pass.

Respectfully submitted,

Busbee of Dougherty, Chairman.

Mr. Underwood of Montgomery 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

FRIDAY, MARCH 3, 1961

1163

Bills and Resolution of the House and Senate and has instructed me, as Chairman, to report the same back to the House with the following recommendations:

HB 674. Do Pass.

HB 699. Do Pass.

SB

143. Do Pass.

SB

144. Do Pass.

SB

157. Do Pass.

SB

159. Do Pass.

HR 260-701. Do Pass.

Respectfully submitted,

Underwood of Montgomery, Chairman.

Mr. Barrett of Cherokee County, Chairman of the Committee on Natural Resources, submitted the following report:
Mr. Speaker:
Your Committee on Natural Resources has had under considration 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 669. Do Pass.
Respectfully submitted,
Barrett of Cherokee, Chairman.

Mr. McCracken of Jefferson County, Chairman of the Committee on State of Republic, submitted the following report:
Mr. Speaker:
Your Committee on State of Republic has had under consideration the follow ing Bills of the House and Senate and has instructed me, as Chairman, to report the same back to the House with the following recommendations:
HB 570. Do Pass, by Substitute. SB 162. Do Pass.
SB 51. Do Pass.
SB 158. Do Pass. SB 124. Do Not Pass.
Respectfully submitted, McCracken of Jefferson, Chairman.

1164

JOURNAL OF THE HOUSE,

Mr. Dicus of Muscogee County, Chairman of the Committee on Temperance, submitted the following report:
Mr. Speaker:
Your Committee on Temperance has had under consideration the following Bill of the House and has instructed me, as Chairman, to report the same back to the House with the following recommendation:
HB 545. Do Not Pass.
Respectfully submitted,
Dicus of Muscogee, Chairman.
By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time:
HB 700. By Messrs. Rogers of Paulding, Parker and Hodges of Ware:
A Bill to be entitled an Act to provide for the establishment of a division in the Department of Labor to be known as the "Safety Division"; and for other purposes.

HR 239-700. By Mr. Bynum of Rabun:
A Resolution to compensate Virgil Coker Tire Company; and for other purposes.

HB 701. By Messrs. Smith and McClelland of Fulton:
A Bill to be entitled an Act to establish a new retirement system for all county employees including employees of the Board of Education of Fulton County and the Board of Public Welfare of Fulton County; and for other purposes.

HR 240-701. By Mr. Barber of Jackson:
A Resolution creating the Public Health Laws Revision Committee; and for other purposes.

HR 260-701. By Mr. Horton of Putnam:
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 Put nam County by the people; to provide for the election of the Chairman; to provide for the filling of vacancies on the Board; to provide for the submission of this amendment for rejection or ratification; and for other purposes.

SB 157. By Senator Mitchell of the 43rd:
A Bill to be entitled an Act to amend Section 21-105 of the Code of Georgia, relating to fees paid to coroners, so as to change the salary of coroners in certain counties from $600.00 to $1200.00 per year; and for other purposes.

FRIDAY, MARCH 3, 1961

1165

SB 159. By Senator Harden of the 27th:
A Bill to be entitled an Act to provide that the governing authority of Jackson County shall furnish certain necessary expenses for operating the Sheriff's office; and for other purposes.

SB 160. By Senators Brown of the 52nd and McWhorter of the 34th:
A Bill to be entitled an Act to amend an Act approved August 20, 1927 providing certain cities shall furnish pensions to officers and employees of such cities; to provide additional period of time within which applica tion may be made; and for other purposes.

SB 161. By Senator Brown of the 52nd:
A Bill to be entitled an Act to amend an Act approved January 21, 1961, Act No. 14, which relates to grants of State and local funds for school children and to other matters; and for other purposes.

SB 162. By Senators Long of the 3rd and Raynor of the 4th:
A Bill to be entitled an Act to provide that no law enforcement officers except the Georgia State Highway Patrol shall be allowed the use of timing devices or radar equipment to enforce safety regulations on high ways and roads in Georgia; and for other purposes.

SB 51. By Senators Sanders of the 18th and Claxton of the 21st:
A Bill to be entitled an Act to amend an Act reorganizing the State De partment of Law, as amended; and for other purposes.

SB 118. By Senator Owens of the 32nd.
A Bill to be entitled an Act to be known as "The County Official Public Responsibility Act"; to provide for procedures connected therewith; 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 Resolution of the Senate, to wit:

SR 48. By Senator Grayson of the 1st:
A Resolution by the Senate of Georgia, the House of Representatives concurring, that it is hereby established a Committee to be known as the State Reorganization Committee; 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:

1166

JOURNAL OF THE HOUSE,

HR 178. By Messrs. Story and Morgan of Gwinnett:
A Resolution authorizing and directing the State Librarian to furnish certain law books to the Judge of Superior Court of the Gwinnett Judicial Circuit; and for other purposes.

HR 184. By Messrs. Brooks, Smith and McClelland of Fulton, Mackay, Howard and Rutland of DeKalb:
A Resolution providing for a Commission to study and investigate the laws, rules, regulations and procedures of the several courts having territorial jurisdiction of civil action and criminal offenses in the City of Atlanta and in Fulton County below the grade of the Superior Court; and for other purposes.

HB 377. By Messrs. Twitty of Mitchell and others:
A Bill to amend an Act known as the "State Office Building Authority Act," so as to clarify the definition of the word "project"; to clarify the definition of the word "self-liquidating"; and for other purposes.

HB 429. By Mr. Twitty of Mitchell:
A Bill to amend an Art establishing the State Employees' Retirement System; and for other purposes.

HB 501. By Mr. Conner of Jeff Davis:
A Bill to provide that an automobile operated by a rural mail carrier for the purposes of delivering mail along the roads and highways of Georgia shall be authorized to display an amber colored light; and for other pur poses.

HB 323. By Mr. Bolton of Spalding:
A Bill to amend an Act requiring certain persons to take a loyalty oath, so as to exempt pages employed by the General Assembly; and for other purposes.

HB 326. By Mr. McClelland of Fulton:
A Bill to define eye banks to make provisions as to who shall establish eye banks and the purposes thereof; to provide for the donation by living persons of the eyes or parts thereof of such persons to eye banks to be effective upon the death of the donor; and for other purposes.

HB 560. By Messrs. Barber of Jackson, Jernigan of Clinch and others:
A Bill to amend an Act establishing a retirement system for public schools and State supported School teachers, so as to change the provi sions for optional service retirement benefits; to change the method of computing a member's service retirement allowance; and for other pur poses.

HB 282. By Messrs. Steis of Harris, Floyd of Chattooga and others: A Bill to amend an Act providing for the issuance of automobile license

FRIDAY, MARCH 3, 1961

1167

tags to disabled veterans, so as to provide for the issuance of license tags to certain other veterans; and for other purposes.

HB 317. By Mr. Jernigan of Clinch:
A Bill to amend an Act establishing a retirement system for teachers, so as to clarify the provisions of qualifying for credit for prior service; and for other purposes.

HB 493. By Messrs. Echols of Upson, Hodges of Ware and others:
A Bill to change the name of the Georgia Training School for Mental Defectives at Gracewood to the Gracewood State School and Hospital; and for other purposes.

HB 187. By Mr. Boggs of Madison:
A Bill to amend an Act creating the office of Solicitor-General Emeritus and the Solicitor's General retirement Fund of Georgia, so as to provide additional methods of qualification under said fund; and for other pur poses.

HB 270. By Mr. Fuqua of Richmond:
A Bill to amend an Act relating to the renewal of real estate licenses; and for other purposes.

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

HB 328. By Messrs. Brooks, Smith and McClelland of Fulton:
A Bill to amend an Act to include therein non-profit professional socie ties, whether incorporated or unincorporated, whose purposes are to promote and advance the study and practice of such profession; and for other purposes.

HR 46. By Mr. Hurst of Quitman:
A Resolution to designate a bridge as the Richard B. Russell Bridge; and for other purposes.

HR 128. By Mr. Shuman of Bryan:
A Resolution authorizing an appropriation to the Georgia Historical Commission for the purpose of restoring Fort McAllister in Bryan County; and for other purposes.

HR 142. By Mr. Wilkes of Cook:
A Resolution authorizing a land conveyance to Cook County; and for other purposes.

1168

JOURNAL OF THE HOUSE,

HR 148. By Messrs. Odom and Busbee of Dougherty:
A Resolution naming a certain boat landing in the City of Albany the "Cleve Cox Landing"; and for other purposes.

HR 168. By Mr. Brown of Hart:
A Resolution designating a portion of U. S. Highway No. 29 as "McMullan Boulevard"; and for other purposes.
HR 185. By Mr. Bynum of Rabun:
A Resolution designating the Paul A. Green Bridge; and for other pur poses.
HB 220. By Messrs. Ballard of Newton and Underwood of Montgomery:
A Bill to authorize the State Highway Department to pay or participate in the payment of the cost of removing and relocating water distribution and sanitary sewer facilities owned by municipal corporations, counties, or ether governmental subdivisions of the State of Georgia, or by authori ties controlled by such municipal corporations, etc.; and for other pur poses.
HB 271. By Mr. Fuqua of Richmond:
A Bill to prohibit any person from obtaining or attempting to obtain, by the use of any fraudulent scheme, device, means or method, telephone or telegraph service or the transmission of a message, signal or other com munication by telephone or telegraph with intent to avoid payment to the lawful price, charge or toll therefor; and for other purposes.
HB 366. By Mr. Wells of Oconee:
A Bill to amend an Act placing the solicitor general of the Western Judicial Circuit on a salary basis; and for other purposes.

HB 485. By Messrs. Phillips, Taylor and Thornton of Bibb:
A Bill to amend an Act re-enacting the Charter of the City of Macon, so as to incorporate certain areas as a part of the City of Macon; and for other purposes.

HB 508. By Messrs. McClelland, Brooks and Smith of Fulton:
A Bill to fix retirement benefits for the Mayor or other Chief Executive Officer of any city having a population of more than 450,000 according to the last or any future U. S. Census; and for other purposes.

HB 517. By Messrs. McClelland, Brooks and Smith of Fulton:
A Bill to amend an Act providing that cities having a population of more than 150,000 shall furnish pensions to officers and employees of such cities; and for other purposes.

FRIDAY, MARCH 3, 1961

1169

HB 518. By Messrs. Brooks, Smith and McClelland of Pulton:
A Bill to amend an Act providing a system of pensions and other benefits for members of paid fire departments in cities having a population of more than 150,000; and for other purposes.

HB 519. By Messrs. Smith and Boyett of Whitfield:
A Bill to amend an Act amending the charter of the City of Dalton, by incorporating in said city all the lands and territory located in land lot No. 234, and certain parts of land lots Nos. 222, 223 and 235 in the 12th district and 3rd section of Whitfield County; and for other purposes.

HB 525. By Messrs. Fleming, Fuqua and Hull of Richmond:
A Bill to provide an additional compensation for the Solicitor General of certain judicial circuits, payable by certain counties in addition to the salary paid to him by the State; and for other purposes.

HB 559. By Mr. Phillips of Walton:
A Bill to amend the charter of the City of Monroe, so as to provide for a Board of Police Commissioners; and for other purposes.

HB 575. By Mr. McGarity of Henry:
A Bill to create the Henry County Water Authority; and for other pur poses.

HB 576. By Mr. McGarity of Henry:
A Bill to amend an Act incorporating the City of Hampton (formerly Town of Hampton); and for other purposes.
HB 577. By Mr. McGarity of Henry:
A Bill to protect the health and safety of the residents of Henry County being outside the corporate limits of municipalities; to authorize the governing authorities of Henry County to make, adopt, amend, and repeal building, housing, electrical, plumbing, gas and other similar codes, including all necessary rules and regulations pertaining to such codes; and for other purposes.
HR 61. By Mr. Brackin of Seminole:
A Resolution to authorize and direct the State Highway Department of Georgia to pay the cost of removing and readjusting certain utility facili ties of the City of Donalsonville, made necessary by the improvement of State Route 38 in Seminole County; and for other purposes.
HR 107. By Messrs. Abney and Coker of Walker and others:
A Resolution authorizing the conveyance of certain real property lying and being in the 8th District and 4th Section of Walker County, Georgia and being a part of Land Lot No. 193 in said District and Section; and for other purposes.

1170

JOURNAL OF THE HOUSE,

HE 169. By Mr. Brown of Hart:
A Eesolution authorizing and directing the State Librarian to furnish certain law books for the Judge of the Northern Judicial Circuit; and for other purposes.

HR 170. By Mr. Brown of Hart:
A Resolution authorizing and directing the State Librarian to furnish certain law books for the Clerk of the Superior Court of Hart County; and for other purposes.

HR 177. By Messrs. Jones and Undercofler of Sumter:
A Resolution providing for the exchange of certain State Highway De partment right-of-way property for access and other rights of Mr. Charles Wheatley in Sumter County; and for other purposes.

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

HB 546. By Mr. Akins of Union:
A Bill to change the compensation of the Sheriff, the Ordinary, and the Clerk of the Superior Court of Union County from the fee system to the salary system; and for other purposes.

The Senate has adopted the report of the Committee on Conference on the following Bill of the House:

HB 245. By Messrs. Crawford, Dickey and Funk of Chatham:
A Bill to amend an Act incorporating the Mayor and Aldermen of the City of Savannah; to extend the corporate limits; and for other purposes.

The following Resolutions of the House were read and adopted:

HR 267. By Mr. Smith of Emanuel:
A RESOLUTION
Extending congratulations to Representative William Burton Steis; and for other purposes.
WHEREAS, Honorable William Burton Steis celebrates his Birthday on March 3; and
WHEREAS, Bill Steis is one of the most able and conscientious members of this Body and is beloved by his fellow Representatives;
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that Honorable William Burton Steis, Represen tative, Harris County, is hereby extended sincerest congratulations on

FRIDAY, MARCH 3, 1961

1171

his Birthday, and it is the hope of this Body that he returns for many more.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a copy of this Resolution to Honorable William Burton Steis.

HR 268. By Mr. Jordan of Calhoun:
A RESOLUTION
Relative to appropriate dress and attire in the Chamber of the House.
WHEREAS, there has been some criticism as to dress of officials of this State appearing on the floor of the House in tousled, wrinkled, open shirted, and slip tie dress.
NOW, THEREFORE, BE IT RESOLVED that all visitors and State officials appearing on the floor of the House must be dressed in a manner to bring credit to their appearance; in that collars should be buttoned and ties slid to the collar in the manner they were intended to be worn. Violation of same to be contempt of this August Body and penalty to be the proper wearing of same while on duty in said State position for a period of thirty (30) days.

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

HB 674. By Mr. Barber of Jackson:
A Bill to provide that Jackson County shall furnish certain necessary expenses for operating the Sheriff's office; and for other purposes.

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

On the passage of the Bill, the ayes were 115, nays 0.

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

HB 697. By Mr. Paris of Barrow:
A Bill to change the compensation of the members of the Board of Com missioners of Roads and Revenues for Barrow County; and for other purposes.

The following committee amendment was read and adopted: The Committee on Local Affairs moves to amend HB 697 by strik
ing the figures "$100.00" and substituting in lieu thereof the figures "$75.00."
The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to.
On the passage of the Bill, as amended, the ayes were 115, nays 0.

1172

JOURNAL OF THE HOUSE,

The Bill, having received the requisite constitutional majority, was passed, as amended.
HB 698. By Messrs. Story and Morgan of Gwinnett: A Bill to incorporate the City of Suwanee in Gwinnett County; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 115, nays 0.

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

HB 699. By Messrs. Duncan and Waldrop of Carroll:
A Bill to increase the number of councilmen for the City of Carrollton; and for other purposes.

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

On the passage of the Bill, the ayes were 115, nays 0.

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

HB 691. By Messrs. Brooks, McClelland and Smith of Fulton:
A Bill amending an Act creating the office of Judge of the Superior Courts Emeritus; and for other purposes.

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

On the passage of the Bill, the ayes were 115, nays 0.

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

SB 125. By Senator McWhorter of the 34th:
A Bill to provide that the Mayor and Councilmen of the City of Clarkston may succeed themselves in office; and for other purposes.

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

On the passage of the Bill, the ayes were 115, nays 0.

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

FRIDAY, MARCH 3, 1961

1173

SB 126. By Senator White of the 39th:
A Bill to place the Coroner of Douglas 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 115, nays 0.

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

SB 127. By Senator White of the 39th:
A Bill to fix the compensation of members of the board of education in certain counties; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
SB 145. By Senator Braly of the 38th: A Bill to create the Paulding 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 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

SB 149. By Senator Fitzpatrick of the 51st: A Bill to change the compensation of the members of the Board of Com missioners of Roads and Revenues of Twiggs County; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

SB 150. By Senator Brown of the 52nd:
A Bill to create the position of chief law clerk in the Department of Municipal Courts in the City of Atlanta; and for other purposes.

1174

JOURNAL OF THE HOUSE,

The following amendment was read and adopted:
The Pulton Delegation moves to amend SB 150 by striking the figures "$400.00" in line one Section 4 and substituting in lieu thereof "$500.00."

The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.

On the passage of the Bill, as amended, the ayes were 115, nays 0.

The Bill, having received the requisite constitutional majority, was passed, as amended.

By unanimous consent, the following Bills and Resolution of the Senate were read the first time and referred to the committees:

SR 48. By Senator Grayson of the 1st and others:
A Resolution by the Senate of Georgia, the House of Representatives concurring, that it is hereby established a Committee to be known as the State Reorganization Committee; and for other purposes.
Referred to the Committee on Rules.

SB 163. By Senator White of the 39th:
A Bill to be entitled an Act to provide for sewage districts in Cobb County pursuant to constitutional provisions relative thereto; provide method to establish and administer sewage districts; provide tax levy; and for other purposes.
Referred to the Committee on Local Affairs.

SB 164. By Senator Mitchell of the 43rd:
A Bill to be entitled an Act to supplement the salary of the Judges of the Superior Courts in certain counties; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Local Affairs.

SB 152. By Senator Lambert of the 28th:
A Bill to be entitled an Act to amend Code Section 114-602, relating to the duty of employers to insure themselves in licensed companies, or in lieu thereof to deposit surety, indemnity or bond, so as to allow for the return of bonds after a 3 year period under certain circumstances; and for other purposes.
Referred to the Committee on Industrial Relations.

Mr. Hale of Dade asked unanimous consent that the following Bill of the Senate be withdrawn from the Committee on Hygiene and Sanitation and recom mitted to the Committee on Judiciary:

FRIDAY, MARCH 3, 1961

1175

SB 132. By Senator Dews of the 9th: A Bill to amend an Act relating to the sales of pistols and revolvers; and for other purposes.
The consent was granted and SB 132 was withdrawn from the Committee on Hygiene and Sanitation and recommitted to the Committee on Judiciary.
Mr. Phillips of Bibb asked unanimous consent that the House reconsider its action in failing to pass the following Bill of the House:

HB 386. By Mr. Phillips of Bibb: A Bill to amend an Act creating a Board of Funeral Service so as to change the definition of an "apprentice"; and for other purposes.
The consent was granted and the House reconsidered its action in failing to pass HB 386.
The following Bills of the House were taken up for the purpose of considering the Senate amendments thereto:

HB 41. By Messrs. McCutchen of Gilmer, Duncan of Fannin and others:
A Bill to prohibit the solicitation of votes on any election day within a specified distance of any voting place; and for other purposes.

The following Senate amendment was read:
The Rules Committee of the Senate moves to amend HB 41 as fol lows:
By striking from Section 1 the word and figure "fifty (50)" as it appears in the first sentence of Code Section 34-9936, and inserting in lieu thereof the words and figure "two hundred (200)."
By striking from Section 1 the last sentence of Code Section 34-9936, which reads as follows:
"Provided however, that said distance of fifty (50) feet may be extended to a greater distance in any county in this state by local legislation or local Act and provided further that any effective local Act now in existence at the time of the passage of this Act shall not be repealed hereby."

The following House amendment to the Senate amendment was read and adopted:
Mr. McCutchen of Gilmer moves to amend the Senate amendment to HB 41 as follows:
By striking from said amendment the second paragraph thereof and inserting in lieu thereof the following:
By striking from Section 1 the last sentence of Code Section 34-9936, and inserting the following:

1176

JOURNAL OF THE HOUSE,

"Provided however, that said distance of two hundred (200) feet may be extended to a greater distance in any county in the state by local legislation or local Act and provided further that any effective local Act now in existence at the time of the passage of this Act shall not be repealed hereby."

Mr. McCutchen of Gilmer moved that the House agree to the Senate amend ment, as amended by the House, to HB 41.

On the motion to agree, the ayes were 110, nays 7.

The Senate amendment, as amended by the House, to HB 41, was agreed to.

HB 140. By Messrs. Seoggin of Floyd, Willingham of Cobb and others:
A Bill to amend the Code so as to provide a new schedule of deductions for "medical and dental care"; and for other purposes.

The following Senate amendment was read:
Senator Overby of 33rd moves to amend HB 140 as follows:
By adding in the title before the words "to provide a new schedule of deductions for 'medical and dental care';" the words "to provide a new method for computation of the depreciation and depletion deduction;"
By adding a new Section 1, which reads:
"Section 1. Code Section 92-3109, which provides for certain deductions from gross income in computing net income for State income tax purposes, as amended particularly by Acts approved March 26, 1935 (Ga. Laws 1935, pp. 121, 124), March 30, 1937 (Ga. Laws 1937, pp. 109, 126), February 27, 1953 (Ga. Laws 1953, Jan.Feb. Sess., pp. 274, 278), March 4, 1955 (Ga. Laws 1955, pp. 481, 482), and March 17,1960 (Ga. Laws 1960, p. 1055), is hereby amended by striking in its entirety subsection (f) of said Code Section and inserting in lieu thereof a new subsection (f) which shall read as follows:
"Section 92-3109. (f) Depreciation and Depletion.--A reason able allowance for the depreciation and obsolescence of property used in the trade or business; and in the case of mines, oil and gas wells, other natural deposits and timber, there shall be allowed as a deduction in computing taxable income a reasonable allowance for depletion and for depreciation of improvements, according to the peculiar conditions in each case; such reasonable allowance in all cases to be made under regulations prescribed by the State Reve nue Commissioner; Provided, that after the cost has been recovered or restores through depreciation previously allowed for either fed eral or State income tax purposes, no further deductions shall be allowed. In any case in which it is ascertained as a result of opera tions or of development work that the recoverable units are greater or less than the prior estimate thereof, then such prior estimate (but not the basis for depletion) shall be revised and the allowance under this subsection for subsequent income years shall be based upon such revised estimate. In the case of leases the deductions shall be equitably apportioned between the lessor and the lessee.

FRIDAY, MARCH 3, 1961

1177

The amount allowed as a deduction for depreciation or depletion shall in no instance exceed the amount so allowed in a return filed with the Federal Government for the same period, but the amount allowed as a deduction for depletion in the case of mines, oil and gas wells, other natural deposits, and timber shall be the same de pletion allowed under Sections 611, 612, 613 and 614 of the Federal Internal Revenue Code of 1954, as amended. In the case of property described in Section 167(c) of the Federal Internal Revenue Code of 1954, the terms "reasonable allowance for the depreciation and obsolescence of property" as used in this subsection shall include (but shall not be limited to) an allowance computed in accordance with regulations prescribed by the State Revenue Commissioner under any of the methods described in Paragraphs (2), (3) and (4) of Section 167(b) of the Federal Internal Revenue Code of 1954."
By renumbering the present Sections 1, 2, 3, 4, 5, 6, 7, and 8 as Sections 2, 3, 4, 5, 6, 7, 8, and 9, respectively.

Mr. Scoggin of Floyd moved that the House disagree to the Senate amend ment to HB 140.

The motion prevailed and the House disagreed to the Senate amendment to HB 140.

Mr. Duncan of Carroll arose to a Point of Personal Privilege and addressed the House.

Mr. McClelland of Fulton asked unanimous consent that the House reconsider its action in adopting the following Resolution of the House:

HR 263. By Messrs. Parker and Hodges of Ware and Smith of Brantley:
A Resolution opposing the merger of the Atlantic Coast Line Railroad and the Seaboard Air Line Railroad; and for other purposes.

Objection was heard, and Mr. McClelland of Fulton moved reconsideration.

Mr. Hodges of Ware arose to a Point of Order and pointed out that under the Rules of the House the motion was out of order.

Mr. Vaughn of Rockdale moved that the House suspend the Rules.

On the motion to suspend the Rules, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Adams Akins Andrews of Hall Barber Barnett of Wilkes Baughman

Black Blalock Boggs Bolton Bowen of Randolph Bowen of Toonibs Bozeman

Brackin Broogs of Oglethorpe Brooks of Fulton Brown Busbee Carswell Chance

1178

JOURNAL OF THE HOUSE,

Clark of Catoosa Cloer Coker Collins Conner Crowe Culpepper Dollar Dorminy Duncan of Pannin Duncan of Carroll Dunn Echols Flexer Flynt Fowler of Douglas Fowler of Treutlen
Fuqua Greene Hall of Lee Hall of Floyd Harrell Henderson Hill Jones of Worth Jones of Sumter Jordan Keyton Killian

Kirkland Knight of Laurens Lane Lee Lewis Lovett Lowrey Maekay Matthews of Colquitt McClelland McCracken Melton Milhollin Miller Moate Moore Moorman Morgan Moss Murphy Otwell Paris Farmer Pelham Phillips of Walton Phillips of Bibb Pickard Poole Potts

Purcell Ray Roberts Rowland Rutland Scarborough Scoggin Simpson Sinclair Smith of Fulton Smith of Habersham Smith of Whitfield
Stevens Story Strickland Stuckey Tamplin Taylor of Decatur Tucker Twitty Undercofler Vaughn Walker of Telfair Wells of Peach Wells of Camden Wickham Wilson Woodward Young

Those voting in the negative were Messrs. Hodges, Smith of Brantley and Steis.

Those not voting were Messrs.:

Andrews of Stephens Arnsdorff Ballard Barnett of Baker Birdsong Boyett Branch Budd Bynum Caldwell Chandler Clarke of Monroe Cocke Cox Crawford Davis Deen Dickey Dicus Doster

Fitzgerald Fleming Floyd Fordham Funk Hale Horton Howard Hull Hurst Jernigan Johnson Joiner Jones of Liberty Jones of Lumpkin Keadle Kelly Kidd Killingsworth Kimmons

King Knight of Berrien Lanier Loggins Lokey Massee Matthews of Clarke McCutchen McDonald McGarity Mixon Morris Mullis NeSmith Newton Odom Pannell Parker of Screven Parker of Ware Parker of Appling

FRIDAY, MARCH 3, 1961

1179

Payton Phillips of Columbia Raulerson Rodgers of Charlton Rogers of Paulding Roper Ross Sangster Sheffield Shuman Simmons Singer

Smith of Grady Summers Tabb Taylor of Dawson Taylor of Bibb Teague Thornton Todd Underwood of
Montgomery Underwood of Taylor Waldrop

Walker of Lowndes Ware Watson Wells of Oconee White Wilkes Williams of Coffee Williams of Hall Willingham Mr. Speaker

On the motion to suspend the Rules, the ayes were 108, nays 3.

The motion prevailed and the Rules were suspended.

On the motion to reconsider, the nays prevailed and the House failed to re consider its action in adopting HR 263.

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 consider ation and read the third time:

HB 624. By Mr. Lanier of Candler:
A Bill to define the terms "agricultural products," "agricultural com modities," and "farm products"; and for other purposes.

The following amendment was read and adopted:
Mr. Lanier of Candler moves to amend HB 624 by adding at the end of Section 1 the words: "in their natural form and that have not been processed."

The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.

On the passage of the Bill, as amended, the ayes were 113, nays 0.

The Bill, having received the requisite constitutional majority, was passed, as amended.

HR 234-694. By Mr. Underwood of Taylor:
A Resolution authorizing the conveyance of certain lands in the City of Butler; and for other purposes.

The report 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.

1180

JOURNAL OF THE HOUSE,

The Resolution, having received the requisite constitutional majority, was adopted.
HB 494. By Messrs. Smith of Emanuel and Twitty of Mitchell: A Bill to provide that the State Executive Committee shall fix the date for holding primaries; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 113, nays 4.
The Bill, having received the requisite constitutional majority, was passed.
HB 537. By Messrs. Brooks of Fulton and Hall of Floyd: A Bill authorizing the State Department of Education to lease for periods up to 4 years State owned property which is held by the State Board of Education to County School Boards; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 140, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
SB 11. By Senator Overby of the 33rd: A Bill to amend the Code so as to change the compensation of the Treasurer of the State of Georgia; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Akins Arnsdorff Barber Barnett of Baker Baughman Black Blalock Boggs Bolton Bowen of Randolph Boyett

Bozeman Brooks of Oglethorpe Brooks of Fulton Brown Budd Busbee Carswell Chance Clark of Catoosa Cloer Cocke Coker

Collins Cox Crawford Crowe Culpepper Davis Deen Doster Duncan of Fannin Dunn Echols Fitzgerald

FRIDAY, MARCH 3, 1961

1181

Floyd Fowler of Douglas Funk Greene Hale Hall of Floyd Harrell Henderson Hill Hodges Jernigan Joiner Jones of Liberty Jones of Lumpkin Jones of Sumter Jordan Keadle Keyton Kimmons King Kirkland Knight of Laurens
Lane Lanier Lee Lewis Lokey Lovett Lowrey Mackay Massee Matthews of Clarke

Matthews of Colquitt MeCracken McCutchen McDonald McGarity Melton Milhollin Miller Mixon Moorman Morgan Morris Moss Murphy NeSmith Odom Otwell Parker of Ware Parker of Appling Farmer Phillips of Columbia Poole Potts Ray Roberts Rogers of Paulding
Roper Rowland Rutland Sangster Scarborough Scoggin

Sheffield Shuman Simmons Sinclair Smith of Grady Smith of Whitfield Steis Story Summers Tabb Taylor of Dawson Taylor of Bibb Todd Tucker Twitty Underwood of
Montgomery Vaughn Waldrop Walker of Lowndes Walker of Telfair Ware Watson Wells of Peach Wells of Oconee White Williams of Coffee Williams of Hall Willingham Woodward Young

Those voting in the negative were Messrs. Raulerson and Smith of Habersham.

Those not voting were Messrs.:

Adams Andrews of Stephens Andrews of Hall Ballard Barnett of Wilkes Barrett Birdsong Bowen of Toombs Brackin Branch Bynum Caldwell Chandler Clarke of Monroe Conner Dickey Dicus Dollar

Dorminy Duncan of Carroll Fleming Flexer Flynt Fordham Fowler of Treutlen Fuqua Hall of Lee Horton Howard Hull Hurst Johnson Jones of Worth Kelly
Kidd Killian

Killingsworth Knight of Berrien Loggins McClelland Moate Moore Mullis Newton Pannell Paris Parker of Screven Payton Pelham Phillips of Walton Phillips of Bibb Pickard Purcell Rodgers of Charlton

1182

JOURNAL OF THE HOUSE,

Ross Simpson Singer Smith of Brantley Smith of Fulton Stevens Strickland

Stuckey Tamplin Taylor of Decatur Teague Thornton Undercofler Underwood of Taylor

Wells of Camden Wickham Wilkes Wilson Mr. Speaker

On the passage of the Bill, the ayes were 130, nays 2.

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

Mr. Paris of Barrow, who was conferring with constituents at the time of the roll call, reported that had he been present he would have voted for the passage of SB 11.

HR 214-622. By Messrs. Sheffield of Brooks and Fowler of Douglas:
A Resolution establishing the Georgia Commission on State Sovereignty; and for other purposes.

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

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Akins Ballard Barnett of Wilkes Barnett of Baker Baughman Black Boggs Bowen of Randolph Brown Carswell Chance Clarke of Monroe Collins Conner Culpepper Dollar Doster Fitzgerald Flexer Fowler of Douglas Funk Hall of Floyd Hill Hodges

Hull Joiner Jones of Lumpkin Jones of Sumter Killian King Kirkland Lanier Lowrey Massee Matthews of Colquitt McDonald Milhollin Moate Moorman Morgan Morris Mullis Murphy NeSmith Newton Otwell Farmer Phillips of Walton Poole

Ray Rowland Sangster Sheffield Shuman Simmons Sinclair Smith of Brantley Steis Story Strickland Stuckey Summers Tabb Tamplin Taylor of Decatur Todd Underwood of
Montgomery Underwood of Taylor Walker of Telfair Watson Wells of Oconee Wells of Camden
Young

FRIDAY, MARCH 3, 1961

1183

Those voting in the negative were Messrs.:

Andrews of Stephens Barber Barrett Birdsong Brooks of Fulton Busbee Bynum Clark of Catoosa Davis Duncan of Fannin Dunn Echols Hall of Lee Henderson Horton

Howard Jordan Kelly Knight of Laurens
Lovett Mackay McCutchen Melton Miller Moss Odom Parker of Ware Parker of Appling Potts Purcell

Those not voting were Messrs.:

Adams Andrews of Hall Arnsdorff Blalock Bolton Bowen of Toombs Boyett Bozeman Brackin Branch Brooks of Oglethorpe Budd Caldwell Chandler Cloer Cocke Coker Cox Crawford Crowe Been Dickey Dicus Dorminy Duncan of Carroll Fleming Floyd Flynt Fordham

Fowler of Treutlen
Fuqua Greene Hale Harrell Hurst Jernigan Johnson Jones of Liberty Jones of Worth Keadle Keyton Kidd Killingsworth Kimmons Knight of Berrien Lane Lee Lewis Loggins Lokey Matthews of Clarke McClelland McCracken McGarity Mixon Moore Pannell Paris

Rogers of Paulding Rutland Scarborough Simpson Smith of Fulton Taylor of Dawson Taylor of Bibb
Teague Tucker Vaughn Ware Wells of Peach Willingham Wilson

Parker of Screven

Payton

Pelham

Phillips of Columbia

Phillips of Bibb

Pickard

Raulerson

Roberts

Rodgers of Charlton

Roper

Ross

Scoggin

Singer

Smith of Grady

Smith of Habersham

Smith of Whitfield

Stevens

Thornton

Twitty

Undercofler

Waldrop



Walker of Lowndes

White

Wickham

Wilkes

Williams of Coffee

Williams of Hall

Woodward

Mr. Speaker

On the adoption of the Resolution, the ayes were 74, nays 44.

The Resolution, having failed to receive the requisite constitutional majority, was lost.

Mr. Sheffield of Brooks gave notice that at the proper time he would move that the House reconsider its action in failing to adopt HR 214-622.

1184

JOURNAL OP THE HOUSE,

HB 390. By Messrs. Twitty of Mitchell and Smith of Emanuel:
A Bill to amend an Act establishing an Employees' Retirement System so as to redefine "retirement allowances"; and for other purposes.

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

On the passage of the Bill, the ayes were 109, nays 0.

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

HB 543. By Messrs. Williams of Hall, Singer of Stewart and others:
A Bill to amend the Structural Pest Control Act so as to repeal the provision limiting the licensing power of municipalities; and for other purposes.

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

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

Those voting in the affirmative were Messrs.:

Abney Adams Akins Andrews of Stephens Andrews of Hall Arnsdorff Ballard Barber Barnett of Wilkes Barnett of Baker Baughman Black Bozeman Budd Bynum Carswell Chance Chandler Clark of Catoosa Clarke of Monroe
Cloer Cocke Collins Crowe Culpepper Deen Dollar Doster Duncan of Fannin

Duncan of Carroll Dunn Echols Fitzgerald Flynt Greene Hall of Lee Hall of Floyd Harrell Henderson Hodges Horton Hull Jones of Liberty Jones of Sumter Keadle Keyton Kidd Kimmons Lanier Lee Lokey Lowrey Mackay McClelland
McCutchen McDonald McGarity Melton

Milhollin Mixon Moorman Morris Mullis Murphy NeSmith Otwell Paris Parker of Screven Parker of Ware Parker of Appling Pelham Phillips of Columbia Phillips of Walton Pickard Poole Ray Roberts Rodgers of Charlton Rogers of Paulding Roper Rowland Sheffield Shuman Simmons Sinclair Smith of Grady Smith of Brantley

FRIDAY, MARCH 3, 1961

1185

Smith of Whitfield Steis Stevens Story Strickland Summers

Tabb Tamplin Taylor of Decatur Walker of Lowndes Wells of Oconee Wells of Camden

White Williams of Coffee Williams of Hall Young

Those voting in the negative were Messrs.:

Busbee Cox Da vis Fowler of Douglas Funk

Hill Jones of Worth Lewis Miller Moss

Odom Phillips of Bibb Scarborough Taylor of Bibb Thornton

Those not voting were Messrs.:

Birdsong Blalock Boggs Bolton Bowen of Randolph Bowen of Toombs
Boyett Brackin Branch Brooks of Oglethorpe Brooks of Fulton Brown Caldwell Coker Conner Crawford Dickey Dicus Dorminy Fleming Flexer Floyd Fordham Fowler of Treutlen
Fuqua Hale Howard Hurst Jernigan

Joiner Jones of Lumpkin Jordan Kelly Killian Killingsworth King Kirkland Knight of Laurens Knight of Berrien
Lane Loggins Lovett Massee Matthews of Clarke Matthews of Colquitt McCracken Moate Moore Morgan Newton Pannell Farmer Payton Potts Purcell Raulerson Ross Rutland

Sangster Scoggin Simpson Singer Smith of Fulton Smith of Habersham Stuckey Taylor of Dawson Teague Todd Tucker Twitty Undercofler Underwood of
Montgomery Underwood of Taylor Vaughn Waldrop Walker of Telfair Ware Watson Wells of Peach Wickham Wilkcs Willingham Wilson Woodward Mr. Speaker

On the passage of the Bill, the ayes were 105, nays 15.

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

HR 109-291. By Messrs. Pickard, Wickham and Dicus of Muscogee and Baughman of Early:
A Resolution relative to the construction of a museum in Muscogee County by the Georgia Historical Commission; and for other purposes.

1186

JOURNAL OP THE HOUSE,

The following Committee amendment was read and adopted:
The Committee on Appropriations moves to amend HR 109-291 by striking from the last paragraph the words "and directed."

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 122, nays 0.

The Resolution, having received the requisite constitutional majority, was adopted, as amended.

HR 140-408. By Messrs. Morgan and Story of Gwinnett: A Resolution compensating George C. 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 111, nays 0.

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

HR 186-577. By Mr. Morgan of Gwinnett: A Resolution compensating V. H. Puckett; and for other purposes.

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

On the adoption of the Resolution, the ayes were 117, nays 0.

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

HR 215-642. By Messrs. Fleming, Hull and Puqua of Richmond and others:
A Resolution to provide for funds for the restoration of The White House of Augusta; and for other purposes.

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

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Akins Andrews of Stephens

Andrews of Hall Arnsdorff Ballard

Barber Barnett of Baker Barrett

FRIDAY, MARCH 3, 1961

Baughman
Black Bowen of Randolph
Bozeman Brooks of Oglethorpe Brooks of Fulton Brown Busbee Bynum Chance Chandler Clark of Catoosa Clarke of Monroe Cloer Cocke Collins Conner Cox Crowe Culpepper Davis Been Duncan of Fannin
Dunn Echols Fitzgerald Fleming Funk Fuqua Hall of Lee Harrell Hill Hodges Horton

Howard Hull Jernigan Johnson Joiner Jones of Liberty Jones of Worth Jones of Sumter Keadle Keyton Kidd Kirkland Lanier Lewis Lowrey Mackay Matthews of Clarke Matthews of Colquitt McClelland
McCutchen
McDonald Milhollin Miller Mixon Moore Moorman Morgan Morris Mullis Murphy NeSmith Otwell Paris Parker of Screven

Voting in the negative was Mr. Dollar.

Those not voting were Messrs.:

Abney Barnett of Wilkes Birdsong Blalock
Bolton Bowen of Toombs Boyett Brackin Branch Budd Caldwell Carswell Coker Crawford Dickey

Dicus Dorminy Doster Duncan of Carroll Flexer Floyd Flynt Fordham Fowler of Douglas
Fowler of Treutlen Greene Hale Hall of Floyd Henderson Hurst Jones of Lumpkin

1187
Parker of Appling Phillips of Columbia Phillips of Bibb Poole Potts Ray Rodgers of Charlton Rogers of Paulding Rowland Rutland Sangster Scarborough Sheffield Simmons Sinclair Smith of Grady Smith of Brantley Smith of Habersham Steis Story Summers Tabb Tamplin Taylor of Bibb Thornton Tucker Undercofler Underwood of Taylor Vaughn Waldrop Watson Wells of Oconee Williams of Coffee Young
Jordan Kelly Killian Killingsworth Kimmons King Knight of Laurens Knight of Berrien Lane Lee Loggins Lokey Lovett Massee McCracken McGarity

1188

JOURNAL OF THE HOUSE,

Melton Moate Moss Newton Odom Pannell Parker of Ware Farmer Payton Pelham
Phillips of Walton Pickard Purcell Raulerson
Roberts Roper

Boss Scoggin Shuman Simpson Singer Smith of Fulton Smith of Whitfield Stevens Strickland Stuckey
Taylor of Dawson Taylor of Decatur Teague Todd
Twitty Underwood of

Montgomery Walker of Lowndes Walker of Telfair Ware Wells of Peach Wells of Camden White Wickham Wilkes Williams of Hall
Willingham Wilson Woodward Mr. Speaker

On the adoption of the Resolution, the ayes were 111, nays 1.

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

SB 3. By Senator Claxton of the 21st:
A Bill to amend the Code so as to provide for the compensation of the Secretary of State; and for other purposes.

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

On the passage of the Bill, the ayes were 120, nays 0.

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

SB 4. By Senators Claxton of the 21st and Sanders of the 18th:
A Bill to amend an Act providing a uniform method of fixing salaries and allowances of certain State officials so as to remove the Secretary of State from the provisions thereof; and for other purposes.

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

On the passage of the Bill, the ayes were 111, nays 0.

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

SR 12. By Senator Blalock of the 36th:
A Resolution authorizing the conveyance of certain real property pres ently being utilized by the State Highway Department and located in the City of East Point; and for other purposes.

FRIDAY, MARCH 3, 1961

1189

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

On the adoption of the Resolution, the ayes were 109, nays 0.

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

The following 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 238. By Messrs. Funk, Crawford and Dickey of Chatham:
A Bill to amend an Act creating a Civil Service System for the County of Chatham; and for other purposes.

HB 506. By Mr. Lovett of Laurens:
A Bill to amend an Act creating a new charter for the City of Dublin, so as to provide for the appointment of certain city officers; and for other purposes.

HB 587. By Mr. Clark of Catoosa:
A Bill to amend an Act creating the office of Commissioner of Roads and Revenues of the County of Catoosa; and for other purposes.

HB 588. By Mr. Clark of Catoosa:
A Bill to amend an Act providing for a clerical assistant to the Sheriff of Catoosa County; and for other purposes.

HB 433. By Messrs. Lanier of Candler, Matthews and Newton of Colquitt and others:
A Bill to be known as the "Georgia Agricultural Commodities Promotion 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:

SB 163. By Senator White of the 39th:
A Bill to provide for sewage districts in Cobb County pursuant to con stitutional provisions relative thereto; provide method to establish and administer sewage districts; provide tax levy; and for other purposes.

1190

JOURNAL OP THE HOUSE,

SB 164. By Senator Mitchell of the 43rd:
A Bill to supplement the salary of the Judges of the Superior Courts in certain counties; to repeal conflicting laws; and for other purposes.

SB 152. By Senator Lambert of the 28th:
A Bill to amend Code Sec. 114-602, relating to the duty of employers to insure themselves in licensed companies, or in lieu thereof to deposit surety, indemnity or bond, so as to allow for the return of bonds after a three (3) year period under certain circumstances; to repeal conflict ing laws; 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 in the Senate, to the following Bill of the Senate:

SB 97. By Senator Ponsell of the 5th:
A Bill to abolish the fee system in the office of the sheriff of the City Court of Waycross, Clerk of Superior Court, Sheriff and Ordinary of Ware County, and place said officers on a salary system; to provide the procedure connected therewith; 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 502. By Messrs. Phillips, Thornton and Taylor of Bibb:
A Bill to amend the charter of the City of Macon; to provide for proce dures connected therewith; and for other purposes.

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:

HB 502. By Messrs. Phillips, Thornton and Taylor of Bibb: A Bill to amend the charter of the City of Macon; to provide for proce dures connected therewith; and for other purposes.
The President appointed on the part of the Senate: Senators Pitzpatrick of the 51st, Gardner of the 47th and Ingram of the 42nd.

FRIDAY, MARCH 3, 1961

1191

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 502. By Messrs. Phillips, Thornton and Taylor of Bibb:
A Bill to extend the corporate limits of the City of Macon; and for other purposes.

Mr. Phillips of Bibb moved that the House insist on its position in disagree ing to the Senate amendment to HB 502 and that a Committee on Conference on the part of the House be appointed to confer with a like Committee on the part of the Senate.

The motion prevailed and the Speaker appointed as a Committee on Confer ence on the part of the House the following members:
Messrs. Phillips, Thornton and Taylor of Bibb.

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 consider ation and read the third time:

SR 13. By Senator Smalley of the 26th:
A Resolution to relieve T. E. Vickery as security on a bond; and for other purposes.

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

On the adoption of the Resolution, the ayes were 105, nays 0.

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

SB 23. By Senator Brown of the 52nd: A Bill to repeal an Act governing the admission of students to the Uni versity of Georgia and all its branches as to age; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 1.
The Bill, having received the requisite constitutional majority, was passed.
SB 28. By Senator Gardner of the 47th: A Bill to amend an Act so as to increase the maximum amount of monies of any one estate which may be invested in one or more common trust funds; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

1192

JOURNAL OP THE HOUSE,

On the passage of the Bill, the ayes were 104, nays 0.

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

SB 29. By Senator Gardner of the 47th:
A Bill to amend the Code relating to investments made by fiduciaries so as to provide that a corporate fiduciary may retain the property owned by the estate; and for other purposes.

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

On the passage of the Bill, the ayes were 106, nays 0.

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

SB 31. By Senator Gardner of the 47th:
A Bill to permit the registration of securities held by a corporate fiduci ary; and for other purposes.

The report 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 127-383. By Mr. Caldwell of Upson: A Resolution to relieve Wallace Pryor as surety; and for other purposes.

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

On the adoption of the Resolution, the ayes were 107, nays 0.

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

SB 10. By Senator Overby of the 33rd:
A Bill to amend an Act providing for a uniform method of fixing salaries and allowances of certain State officials; and for other purposes.

Mr. Willingham of Cobb moved that further consideration of SB 10 be post poned until March 4, 1961.

The motion prevailed and further consideration of SB 10 was postponed until March 4, 1961.

FRIDAY, MARCH 3, 1961

1193

SR 10. By Senator Sanders of the 18th:
A Resolution proposing a constitutional amendment providing that cer tain compensation of peace officers shall be deemed to be a subsistence allowance; and for other purposes.

Mr. Puqua of Richmond moved that further consideration of SR 10 be post poned until March 6, 1961.

The motion prevailed and further consideration of SR 10 was postponed until March 6, 1961.

SB 104. By Senators Towson of the 16th and Gardner of the 47th:
A Bill amending an Act regulating advertising, providing that no person, firm, corporation or association shall advertise in any manner which is untrue, deceptive or fraudulent; and for other purposes.

The following Committee amendment was read and adopted:
The Special Judiciary Committee moves to amend SB 104 as follows: By striking wherever it shall appear the word "deceptive."

The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to.

On the passage of the Bill, as amended, the ayes were 111, nays 0.

The Bill, having received the requisite constitutional majority, was passed, as amended.

SB 32. By Senator Sanders of the 18th:
A Bill amending an Act authorizing the State Department of Public Welfare to match, accept, and disburse Federal grant-in-aid funds for public welfare purposes; and for other purposes.
The following Committee amendment was read and adopted:
The Committee on Hygiene and Sanitation moves to amend SB 32 as follows:
By adding in paragraph (a) of Section 3 after the word "surgical" and before the word "Optometric", the words "chiropractic, osteopathic, podiatric."

The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to.

On the passage of the Bill, the ayes were 103, nays 3.

The Bill, having received the requisite constitutional majority, was passed, as amended.

1194

JOURNAL OF THE HOUSE,

SB 33. By Senator Sanders of the 18th:
A Bill amending an Act authorizing the State Department of Public Welfare to match, accept, and disburse federal grant-in-aid funds for public welfare purposes; and for other purposes.

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

On the passage of the Bill, the ayes were 107, nays 0.

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

SB 92. By Senators Jackson of the 24th and Whisnant of the 25th:
A Bill known as "The Georgia Professional Service and Association Act"; and for other purposes.

An amendment which was offered by the Committee on State of Republic, was read and withdrawn.

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

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

Those voting in the affirmative were Messrs.:

Adams Akins Andrews of Stephens Andrews of Hall Arnsdorff Baughman Birdsong Black Blalock Boggs Bowen of Randolph Boyett Bozeman
Brooks of Fulton Brown Busbee Caldwell Carswell Chance Chandler
Clark of Catoosa Cox Crowe
Dicus Duncan of Fannin

Duncan of Carroll Dunn Echols Fleming Flexer Fordham Fowler of Douglas Fuqua Greene Hall of Floyd Harrell Hill Hodges
Hull Jernigan Joiner Jones of Liberty Jones of Worth Jones of Lumpkin Keadle
Keyton Killian Knight of Laurens
Lee Lewis

Lowrey Mackay Matthews of Clarke Matthews of Colquitt McCracken McCutchen McDonald Miller Mixon Moate Moore Moorman Morris
Murphy Odom Otwell Paris Parker of Screven Farmer Pickard
Poole Potts Purcell
Ray Roberts

FRIDAY, MARCH 3, 1961

1195

Rodgers of Charlton Roper Rowland Rutland Shuman Simmons Sinclair

Smith of Grady Smith of Fulton Smith of Habersham Smith of Whitfield Steis Story Summers

Tamplin Twitty Waldrop Watson Wells of Peach Wells of Oconee Williams of Hall

Those voting in the negative were Messrs.:

Barnett of Wilkes Bolton Crawford Culpepper Davis Deen Dollar

Dorminy Funk Henderson Horton Lane Loggins Ross

Sangster Smith of Brantley Taylor of Decatur
Teague Todd Williams of Coffee Wilson

Those not voting were Messrs.:

Abney Ballard Barber Barnett of Baker Barrett Bowen of Toombs Brackin Branch Brooks of Oglethorpe Budd Bynum Clarke of Monroe Cloer Cocke Coker Coiling Conner Dickey Doster Fitzgerald Floyd Flynt Fowler of Treutlen Hale Hall of Lee Howard Hurst Johnson Jones of Sumter Jordan

Kelly Kidd Killingsworth Kimmons King Kirkland Knight of Berrien Lanier Lokey Lovett Massee McClelland McGarity Melton Milhollin Morgan Moss Mullis NeSmith Newton Pannell Parker of Ware Parker of Appling Payton Pelham Phillips of Columbia Phillips of Walton Phillips of Bibb Raulerson Rogers of Paulding

Scarborough Scoggin Sheffield Simpson Singer Stevens Strickland Stuckey Tabb Taylor of Dawson Taylor of Bibb Thornton Tucker Undercofler Underwood of
Montgomery Underwood of Taylor Vaughn Walker of Lowndes Walker of Telfair Ware Wells of Camden White Wickham Wilkes Willingham Woodward Young Mr. Speaker

On the passage of the Bill, the ayes were 96, nays 21.

The Bill, having failed to receive the requisite constitutional majority, was lost.

1196

JOURNAL OP THE HOUSE,

Mr. McCracken of Jefferson served notice that at the proper time he would ask the House to reconsider its action in failing to pass SB 92.

The following Resolution of the House was read:

HR 269. By Messrs. Rowland of Johnson and NeSmith of Meriwether:
A Resolution relative to compensation of members of the House of Rep resentatives; and for other purposes.

On the adoption of the Resolution, the ayes were 87, nays 31.

The Resolution was adopted.

Messrs. Lovett of Laurens and Vaughn of Rockdale arose and spoke in oppo sition to the adoption of HR 269.

The following members asked to be recorded as voting Nay on HR 269.

Brooks of Fulton Lee of Clayton Matthews of Colquitt Caldwell of Upson Hill of Meriwether Blalock of Clayton Ray of Warren Lokey of McDuffie Underwood of
Montgomery Smith of Habersham Henderson of Atkinson Teague of Cobb Wilson of Cobb

Todd of Glascock Dorminy of Ben Hill Smith of Grady Paris of Barrow Busbee of Dougherty Scoggin of Floyd Lowrey of Floyd Lovett of Laurens Parker of Appling Mixon of Irwin Jones of Lumpkin Harrell of Fayette Dollar of Decatur Jordan of Calhoun

Clarke of Monroe Wells of Oconee Vaughn of Rockdale Andrews of Hall Fowler of Douglas Moss of Gordon Morris of Tift Odom of Dougherty Moorman of Lanier King of Chattahoochei Milhollin of Coffee Williams of Coffee

Eight of the above thirty-nine members stated that they were not in the Chamber of the House at the time the vote was taken and asked to be recorded as voting "No."

Leave of absence was granted to Mr. Lowrey of Floyd for Saturday, March 4, 1961.

Mr. Twitty of Mitchell moved that the House adjourn until tomorrow morning at 10:30 o'clock, and the motion prevailed.

The Speaker announced the House adjourned until tomorrow morning at 10:30 o'clock.

SATURDAY, MARCH 4, 1961

1197

Representative Hall, Atlanta, Georgia. Saturday, March 4,1961.

The House met pursuant to adjournment at 10:30 o'clock, A.M., this day and was called to order by the Speaker.

Prayer was offered by the Chaplain.

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

Mr. Black of Webster, Chairman of the Committee on Auditing, Enrolling, Engrossing and Journals reported that the Journal of the previous legislative day 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 uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions.

By unanimous consent, the following report of the Committee on Rules was read and adopted: Mr. Speaker:
Your Committee on Rules met and fixed the calendar for today's business, Saturday, March 4, 1961, and submits the following:
1. SB 10. State officials, allowances 2. SR 10. Peace Officers, subsistence allowance 3. SB 13. Directors of banks, qualifications 4. SB 24, Mixing of race in school 5. SB 36. Separate estate of wife, amend 6. SB 39. Use of Capitol Building 7. SB 52. Old Age Assistance Act, amend 8. SR 53. Transfer land, Georgia Forestry Commission 9. SB 100. Pensions for Firemen, amend

1198

JOURNAL OP THE HOUSE,

10. SB 116. Aid to Blind Act, amend 11. SB 151. Holding bar examinations

The Speaker shall have the right to call the above Bills and Resolutions in any order which he may desire.
Respectfully submitted,
Twitty of Mitchell, Vice-Chairman Undercofler of Sumter, Secretary

By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the committees: HB 703. By Mr. Barber of Jackson:
A Bill to be entitled an Act to amend Code Section 32-1801, relating to protection of health by county and municipal boards, so as to provide for the giving of blood tests to students under certain conditions; and for other purposes.
Referred to the Committee on Hygiene and Sanitation.
HB 704. By Mr. Lanier of Candler:
A Bill to be entitled an Act to amend an Act regulating the distribution, sale, and use of liquefied petroleum gases; so as to provide for the selling of liquefied petroleum gas through the use of a metering device; and for other purposes.
Referred to the Committee on Industry.
HR 270-704. By Mr. Crowe of Bartow:
A Resolution to compensate Watkins C. White of Chatsworth, Georgia; and for other purposes.
Referred to the Committee on Appropriations.
HR 286-704. By Messrs. Duncan of Carroll and Waldrop of Carroll:
A Resolution to compensate Albert G. Alien for damages to his automo bile received in a collision with a State Highway Department truck; and for other purposes.
Referred to the Committee on Appropriations.
HR 287-704. By Messrs. Duncan of Carroll and Waldrop of Carroll:
A Resolution to compensate Fred Dial for damages to his automobile caused by a State Highway Department Truck backing into it; and for other purposes.
Referred to the Committee on Appropriations.
Mr. Underwood of Montgomery 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

SATURDAY, MARCH 4, 1961

1199

Bills of the Senate and has instructed me, as Chairman, to report the same back to the House with the following recommendations:
SB 108. Do Pass. SB 160. Do Pass. SB 164. Do Pass. SB 163. Do Pass. SB 133. Do Pass, by Substitute.
Respectfully submitted, Underwood of Montgomery, Chairman.

Mr. Twitty of Mitchell County, Vice-Chairman of the Committee on Rules, submitted the following report:

Mr. Speaker:

Your Committee on Rules has had under consideration the following Resolu tions of the House and Senate and has instructed me, as Vice-Chairman, to re port the same back to the House with the following recommendations:

HR 138. Do Pass.

HR 197. Do Pass, as Amended.

HR 199. Do Pass, as Amended.

HR 217. Do Pass, as Amended.

HR 219. Do Pass, as Amended.

HR 220. Do Pass.

HR 221. Do Pass.

HR 222. Do Pass.

HR 224. Do Pass, as Amended.

HR 227. Do Pass, as Amended.

HR 249. Do Pass, as Amended.

HR 252. Do Pass.

HR 254. Do Pass, as Amended.

HR 255. Do Pass, as Amended.

HR 259. Do Pass.

HR 210-614. Do Pass, as Amended.

HR 235-694. Do Pass, as Amended.

SR

47. Do Pass.

SR

48. Do Pass.

1200

JOURNAL OF THE HOUSE,

SR

20. Do Pass, as Amended.

HR 253. Do Pass.

Respectfully submitted,

Twitty of Mitchell, Vice-Chairman.

Mr. McCracken of Jefferson County, Chairman of the Committee on State of Republic, submitted the following report:
Mr. Speaker:
Your Committee on State of Republic has had under consideration the follow ing Bill of the Senate and has instructed me, as Chairman, to report the same back to the House with the following recommendation:
SB 99. Do Pass.
Respectfully submitted,
McCracken of Jefferson, Chairman.

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

HB 702. By Mr. Williams of Hall:
A Bill to be entitled an Act to amend Code Section 92-1403, which pro vides for a levy of an excise tax on all distributors of motor fuel and/or kerosene and for certain exemptions from said levy, as enacted by an Act known as the "Motor Fuel Tax Law," as amended; and for other purposes.

SR 48. By Senator Grayson of the 1st and others:
A Resolution by the Senate of Georgia, the House of Representatives concurring, that it is hereby established a Committee to be known as the State Reorganization Committee; and for other purposes.

SB 163. By Senator White of the 39th:
A Bill to be entitled an Act to provide for sewage districts in Cobb County pursuant to constitutional provisions relative thereto; provide method to establish and administer sewage districts; provide tax levy; and for other purposes.
SB 164. By Senator Mitchell of the 43rd:
A Bill to be entitled an Act to supplement the salary of the Judges of the Superior Courts in certain counties; to repeal conflicting laws; and for other purposes.
SB 152. By Senator Lambert of the 28th:
A Bill to be entitled an Act to amend Code Section 114-602, relating to the duty of employers to insure themselves in licensed companies, or in

SATURDAY, MARCH 4, 1961

1201

lieu thereof to deposit surety, indemnity or bond, so as to allow for the return of bonds after a 3 year period under certain circumstances; and for other purposes.

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

HB 452. By Mr. Milhollin of Coffee:
A Bill to amend an Act creating the office of Solicitor-General Emeritus and Solicitors-General Retirement Fund of Georgia, so as to change the date by which a Solicitor-General may come under the provisions of the Act; and for other purposes.

HB 582. By Mr. Clark of Catoosa:
A Bill to amend an Act to create the office of Tax Commissioner of Catoosa County; and for other purposes.

HB 584. By Mr. Rogers of Paulding:
A Bill to amend an Act supplementing the compensation of the Sheriff of certain counties; and for other purposes.

HB 592. By Mr. Murphy of Haralson:
A Bill to amend an Act creating a new charter for the City of Bremen; and for other purposes.

HB 595. By Mr. Paris of Barrow:
A Bill creating a new charter for the City of Winder, so as to provide that the Mayor and Council shall be authorized to make sanitary assess ments on property and lots within said city; and for other purposes.

HB 605. By Mr. Kirkland of Tattnall:
A Bill to amend an Act creating a Board of Commissioners of Roads and Revenues for the County of Tattnall; and for other purposes.

HB 609. By Messrs. Greene and Crowe of Bartow:
A Bill to amend an Act creating a new charter for the City of Cartersville, so as to change the corporate limits; and for other purposes.

HB 610. By Messrs. Greene and Crowe of Bartow:
A Bill creating a new charter for the City of Cartersville, so as to change the corporate limits of said city; and for other purposes.

1202

JOURNAL OF THE HOUSE,

HB 611. By Messrs. Greene and Crowe of Bartow:
A Bill to amend an Act creating a new charter for the City of Cartersville, so as to change the corporate limits; and for other purposes.

HB 254. By Mr. Undercofler of Sumter:
A Bill to amend an Act relating to the creation by deeds to beneficial interests of trust estates in property located in this state; to provide for the acquiring of such property; and for other purposes.

HB 336. By Messrs. Baughman of Early, NeSmith of Meriwether and others:
A Bill to amend the Georgia Insurance Code of 1960 so as to provide that insurers may invest in Revenue Bonds issued by any political subdi vision, authority, unit, or other corporate body created by the U. S. Government or the government of any State for the purpose of aiding in or promoting the industrial development of such State or Political Sub division; and for other purposes.

HB 344. By Messrs. Bolton of Spalding, Brooks of Fulton and others:
A Bill to provide that a married female eighteen years of age may exe cute notes, loan deeds, deeds to secure debt, for the purpose of borrowing money on real estate in order to acquire a residence; and for other pur poses.

HB 393. By Messrs. Parker of Screven, Johnson of Jenkins and others:
A Bill to amend an Act relating to what mortgage or bill of sale to secure debt may embrace, so as to provide that any public utility com pany, whether or not incorporated, may, by mortgage, or bill of sale to secure debt, or deed of trust, embrace, cover, convey, pledge, and en cumber after-acquired property of such company, wherever located, when the instrument expressly so stipulates therein; and for other purposes.

HB 399. By Mr. Brooks of Fulton:
A Bill to amend an Act providing for pensions for members of the police departments in cities having a population of 150,000 or more, relating to re-employment or re-appointment; and for other purposes.

HB 401. By Messrs. Milhollin of Coffee and Underwood of Montgomery:
A Bill to provide for maintenance of certain streets and highways within the corporate limits of municipal corporations having a population of not more than 30,000 by the State Highway Department; and for other purposes.

HB 360. By Mr. Steis of Harris:
A Bill to amend an Act entitled the "Georgia Post Mortem Examination Act," so as to provide for certain exceptions from the application of this Act; to provide for the taking of a blood sample for analytical purposes from certain persons under certain conditions upon the request of a peace officer; and for other purposes.

SATURDAY, MARCH 4, 1961

1203

HB 542. By Mr. Smith of Habersham:
A Bill to amend an Act relating to admissions to the common schools of this State, so as to authorize the Board of Education of any county, City or independent school district to regulate the attendance of married students in the public schools in this State; and for other purposes.

HB 643. By Messrs. Parker of Screven, Johnson of Jenkins and others:
A Bill to amend an Act creating the Georgia Milk Commission; to em power the Commission to prescribe how producers shall be paid for milk sold by them to distributors and producer-distributors; and for other purposes.

HR 166. By Mr. Willingham of Cobb:
A Resolution creating the Election Laws Study Committee; to repeal a Resolution providing for an Election Laws Study Committee; and for other purposes.

HB 612. By Messrs. Floyd and Loggins of Chattooga:
A Bill to provide that the Ordinary of Chattooga County be placed on a salary basis in lieu of a fee system of compensation; and for other pur poses.

HB 613. By Messrs. Abney and Coker of Walker:
A Bill to amend the Charter of the City of Rossville, so as to change the corporate limits; and for other purposes.

HB 614. By Mr. Clark of Catoosa:
A Bill to amend the Charter of the Town of Port Oglethorpe, so as to enlarge the corporate limits; and for other purposes.

HR 56. By Mr. Sangster of Dooly: A Resolution to compensate Mr. Noah A. Powers; and for other purposes.

HR 83. By Mr. Purcell of Franklin: A Resolution compensating Mrs. G. R. Harrison; and for other purposes.

HR 92. By Messrs. Williams and Andrews of Hall:
A Resolution to compensate the North Georgia Petroleum Company; and for other purposes.

HR 141. By Mr. King of Chattahoochee: A Resolution to compensate Jay Roberts; and for other purposes.

HR 149. By Mr. Davis of Wayne: A Resolution to compensate S. Curtis Harper; and for other purposes.

1204

JOURNAL OF THE HOUSE,

HR 173. By Messrs. Smith and Boyett of Whitfield: A Resolution to compensate Mr. Sherman C. Burgess; and for other purposes.
HR 261. By Mr. Smith of Emanuel: A Resolution expressing appreciation to the Buckhead Fifty Club; and for other purposes.
HR 262. By Mr. Smith of Emanuel: A Resolution expressing appreciation for Legis-Laughter; and for other purposes.
HR 264. By Mr. Vaughn of Rockdale: A Resolution relative to Georgia products; and for other purposes.
HB 581. By Messrs. Smith of Grady, Underwood of Montgomery and others: A Bill to amend an Act relating to when it is proper to direct verdicts in jury trials; and for other purposes.
HB 497. By Messrs. Fordham and Lane of Bulloch and others: A Bill to amend an Act known as the "Minimum Foundation Program for Education Act," so as to provide that pupils who live within a certain distance of the school, which they are eligible to attend, shall not be eligible to be counted as transported pupils for State aid; 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 Senate amendment to the following Bill of the House:
HB 115. By Messrs. Crawford, Dickey and Funk of Chatham: A Bill to amend an Act establishing a metropolitan planning district for Chatham County, so as to provide that the members of said commission shall not succeed themselves in office; and for other purposes.

The Senate has agreed to the House amendments to the Senate Substitute to the following Bill of the House:

HB 90. By Messrs. Ray of Warren, Smith of Emanuel and others:
A Bill to provide general appropriations for the operation of the State Government and other matters; and for other purposes.

The Senate has agreed to the House amendment to the Senate amendment to the following Bill of the House:

SATURDAY, MARCH 4, 1961

1205

HB 41. By Messrs. McCutchen of Gilmer, Duncan of Fannin and others:
A Bill to amend an Act relating to punishments for violations of Election laws, so as to prohibit the solicitation of votes by any means or methods for any person or proposition on any election day within a specified distance of any voting place; and for other purposes.

The Senate insists on its position on the following Bill of the House and respectfully asks'that a Committee on Conference be appointed:

HB 140. By Messrs. Scoggin of Floyd, Willingham of Cobb and others:
A Bill to amend an Act so as to provide a new schedule of deductions for "medical and dental care"; to amend and clarify the net operating loss carry-back and carry-over section; to allow certain deductions to persons, firms, or corporations engaged in developing oil and gas properties; and for other purposes.

The President has appointed as a Committee of Conference on the part of the Senate: Senators Overby of the 33rd, Kelly of the 35th and Lambert of the 28th.
By unanimous consent, the following Bills of the Senate were taken up for consideration and read the third time:
SB 133. By Senator Grayson of the 1st:
A Bill to amend an Act authorizing the Board of Public Education for the City of Savannah to establish a system of pensions for teachers and employees; and for other purposes.
The following substitute, offered by the Committee on Local Affairs, was read and adopted:
A BILL
To be entitled an Act to amend an Act approved February 8, 1937 (Ga. Laws 1937, pp. 2094-2095), entitled "An Act to authorize the Board of Public Education for the City of Savannah and the County of Chat ham, to adopt, establish and administer a system of pensions for old age and disabilities of its teachers and employees, and to contribute the necessary funds therefor from the public moneys committed to its charge, and to adopt reasonable rules and regulations for the adminis tration of said system of pensions; and for other purposes," by providing for the incorporation of a retirement board established pursuant to said Act, as amended, as part of a retirement system providing retirement allowances and other benefits for teachers and others who were employed by said Board of Public Education on April 1, 1960, and who meet other qualifications for membership in said system; by emending and amend ing the system established pursuant to said Act in other particulars; repealing all laws in conflict herewith; and for other purposes.
ARTICLE I. WHEREAS, the Board of Public Education for the City of Savannah and the County of Chatham, has duly adopted resolu tions which said board has published under the title "Local Retirement System for Teachers and Employees of the Board of Public Education for the City of Savannah and the County of Chatham (Georgia)" reading as follows, to-wit:

1206

JOURNAL OF THE HOUSE,

"SECTION 1. Definitions--The following words and phrases as used herein, unless a different meaning is plainly required for the con text, shall have the following meanings:
(1) "System" shall mean the Local Retirement System for Teach ers and Employees of the Board of Public Education for the City of Savannah and the County of Chatham (Georgia), as defined in Section 2, hereof.
(2) "Old System" shall mean the local retirement system of the Board in effect prior to April 1, 1960.
(3) "Board" shall mean the Board of Public Education for the City of Savannah and the County of Chatham (Georgia).
(4) "Retirement Board" shall mean the Retirement Board of the System provided for in Section 3 hereof to administer the System.
(5) "Medical Board" shall mean the board of physicians provided for in Section 3, Subsection (13), hereof.
(6) "Member" shall mean any teacher or other employee in the service of the Board on April 1, 1960 who was included in the Old System; provided, that if any member in any period of two consecutive years is absent from service more than one year, without leave of absence, or should he withdraw his accumulated contributions or die or retire hereunder, he shall thereupon cease to be a member. Leave of absence may be granted by the Superintendent of the Board for any period not ex ceeding one year and for a longer period by the Superintendent with the approval of the Board.
(7) "Service" shall mean service by a member in the employment of and paid for by or through the Board.
(8) "Membership service" shall mean service rendered while a mem ber of the System on account of which contributions are made by the member.
(9) "Prior service" shall mean continuous service rendered prior to April 1, 1960.
(10) "Creditable service" shall mean membership service plus prior service.
(11) "Retirement allowance" shall mean annual payments for life payable in monthly installments commencing at the end of the month in which retirement is effective and continuing to the last payment prior to death.
(12) "Beneficiary" shall mean any person in receipt of a retirement allowance or other benefit as provided by the System.
(13) "Accumulated contributions" shall mean the sum of all the amounts deducted from the compensation of a member and credited to his individual account in the Members' Account, together with regular in terest thereon, as provided in Section 5, Subsection (1), hereof.
(14) "Compensation" shall mean the regular basic salary or wage of a member and shall not include any supplement or extra allowances of any nature.

SATURDAY, MARCH 4, 1961

1207

(15) "Regular interest" shall mean interest at the rates established from time to time by the Retirement Board as provided in Section 5, Subsection (2), Paragraph (f), hereof.
(16) "Actuarial equivalent" shall mean a benefit of equal value when computed at regular interest on the basis of the tables last adopted by the Retirement Board.
(17) The masculine pronoun shall include the feminine pronoun and the singular shall include the plural.
(18) "Social Security benefit" shall mean the primary insurance amount payable under Title II of the Social Security Act as in effect at the time of retirement to which any beneficiary shall or would become entitled irrespective of his failing to make application therefor or there after engaging in covered employment.
(19) "Normal retirement date" shall mean the first day of the calendar month coincident with or next following the end of the Board's fiscal year on which a member has both completed twenty (20) years of creditable service and attained his minimum service retirement age, as follows:
Member's year of birth, 1897 and earlier, minimum service retire ment age 62; member's year of birth, 1898 and 1899, minimum service retirement age 63; member's year of birth, 1900 and 1901, minimum service retirement age 64; member's year of birth, 1902 and thereafter, minimum service retirement age 65.
(20) "Retirement" shall mean voluntary or involuntary withdrawal from service with a retirement allowance.
Section 2. Name and Date Operative--A retirement system is here by established and placed under the management of the Retirement Board of the System for the purpose of providing retirement allowances and other benefits under the provisions hereof as an amendment and con tinuation of the Old System, including the continuation of benefit pay ments under the Old System to beneficiaries retired thereunder prior to April 1, 1960. The System shall begin operation as of the first day of April, nineteen hundred sixty and shall be known as the "Local Retire ment System for Teachers and Employees of the Board of Public Edu cation for the City of Savannah and the County of Chatham (Georgia)" under which name all its business shall be transacted, all of its funds invested, all warrants for money drawn and payments made, and all of its cash and securities and other property held.
Section 3. Administration--(1) The general administration and the responsibility for the proper operation of the System and for making effective the provisions hereof are hereby vested in the Retirement Board of the System, which shall be organized immediately after any three' of its personnel provided for in this section have qualified and taken appropriate oath of office.
(2) The Retirement Board shall consist of seven persons, as follows:
(a) Four to be appointed by the Board, who may be members of the Board. The first four so appointed shall be appointed for terms of one, two, three and four years, respectively. The terms of office of succeeding persons so appointed shall be four years.

1208

JOURNAL OP THE HOUSE,

(b) Three to be selected from among the members of the Sys tem by the members in accordance with such procedure as they may adopt. The first three so elected shall be elected for terms of one, two or three years, respectively. The terms of office of succeeding persons so elected shall be three years.
(3) If a vacancy occurs on the Retirement Board, the vacancy shall be filled for the unexpired term in the same manner as the office was previously filled.
(4) The Retirement Board members shall serve without compensa tion.
(5) Each person shall, within ten days after his appointment, take an appropriate oath of office.
(6) Each person shall be entitled to one vote. Pour concurring votes shall be necessary for a decision by the Retirement Board at any meet ing, and four shall constitute a quorum.
(7) Subject to the limitations hereof, the Retirement Board shall, from time to time, establish rules and regulations for the administration of the System and for the transaction of its business, including uniform standards for determining who are "members."
(8) Each member in service on April 1, 1960, shall file a detailed statement of all service rendered by him prior to that date for which he claims credit, and of such other facts as the Retirement Board may re quire for the proper operation of the System. The Retirement Board shall fix and determine by appropriate rules and regulations how much service in any year is equivalent to a year of service, but in no case shall more than one year of service be creditable for all service in one calen dar year, nor shall the Retirement Board allow credit as service for any period of more than one month's duration during which the employee was absent without pay. The Retirement Board shall verify, as soon as prac ticable after the filing of such statements of service, the service therein claimed, and shall issue prior service certificates certifying to each member the number of years of prior service with which he is credited. As long as membership continues, a prior service certificate shall be final and conclusive for retirement purposes as to such prior service credit; provided, however, that any member may, within one year after the date of issuance or modification of such certificate, request the Re tirement Board to modify or correct his prior service certificate. When membership ceases other than by retirement, a prior service certificate shall become void.
(9) The Retirement Board shall elect from its membership a chair man and a vice chairman, and shall appoint a secretary who may or may not be a member thereof. It may employ personnel for secretarial, and other service as shall be required.
(10) The Board shall keep in convenient form, available to the Re tirement Board, such data as shall be necessary for actuarial valuation of the System and for checking the experience of the System.
(11) The Retirement Board shall keep a record of all of its proceed ings, which shall be open to public inspection. It shall submit to the Board, within thirty (30) days following each anniversary date of the System, a report showing the fiscal transactions of the System for the

SATURDAY, MARCH 4, 1961

1209

preceding year, and the amount of the accumulated cash and securities of the System. It shall also submit annually the last balance sheet indi cating the financial condition of the System as shown by an actuarial valuation of the assets and liabilities of the System.
(12) Legal Advisor--The Board's attorney shall be the legal adviser to the Retirement Board and to the Corporate Trustee under the System.
(13) Medical Board--The Retirement Board shall designate each year a Medical Board of one, two or three physicians who are not mem bers of the System. The Medical Board shall arrange for and pass upon all medical examinations required under the provisions hereof, shall investigate all essential statements, and certificates by or on behalf of a member in connection with application for disability retirement, and shall report in writing to the Retirement Board its conclusions and recommendations upon all the matters referred to it.
(14) Duties of Actuary--The Retirement Board, with the approval of the Board, shall designate an actuary who shall be its technical ad viser on matters regarding the operation of the System and who shall perform such other duties as are required in connection therewith.
(15) The Retirement Board shall certify from time to time the con tributions payable under the provisions hereof, and shall adopt for the System from time to time such mortality, service and other tables as shall be deemed necessary, and on the basis of such tables the actuary shall make annually an actuarial valuation of the assets and liabilities of the System. At least once in each five-year period the Retirement Board shall cause an actuarial investigation to be made into the mor tality, service and compensation experience of the members and bene ficiaries of the System.

SECTION 4. Benefits:
(1) (a) Service Retirement Allowance--Upon written application to the Retirement Board made by the member or by the Board, any member who has attained his normal retirement date shall be retired on a service retirement allowance on the first day of the next calendar month following the close of the Board's fiscal year after receipt of said application. Any member in service who has attained age 70 shall be retired on the first day of the next calendar month following the close of the Board's fiscal year, except that any member other than a class room teacher may remain in service by extension or successive exten sions, each granted for one year by the Board.
(b) The service retirement allowance of a member who retires on or after his normal retirement date shall be determined as:
(i) An allowance equal to 1% per centum of his compensation re ceived during his membership service.
(ii) Plus an allowance for prior service, as follows:
(A) For a member age 60 or over on March 31, 1960, with twenty (20) or more years of prior service, one-half of his annual rate of compensation on that date;
(B) For a member age 60 or over on March 31, 1960, with fewer than twenty (20) years of prior service, one-half of his annual rate

1210

JOURNAL OF THE HOUSE,

of compensation on that date multiplied by the ratio that the number of his years for prior service bears to twenty (20);
(C) For a member less than age 60 on March 31, 1960, one-half of his annual rate of compensation on that date multiplied by the ratio that the number of his years of prior service bears to the number of years of creditable service he would have had at age 60, but not less than twenty (20) years;
(iii) Minus one-half of the members' Social Security benefit.
(2) (a) Early Retirement Allowance--Upon written application to the Retirement Board made by the member or by the Board, any mem ber who has not attained his normal retirement date but who has at tained age 60 and completed twenty (20) years of creditable service shall be retired on an early retirement allowance on the first day of the next calendar month following the close of the Board's fiscal year.
(b) The early retirement allowance shall be a deferred allowance commencing on the member's normal retirement date and shall be com puted as a service retirement allowance under Subsections (1) (b) (i) and (ii) of this section on the basis of his creditable service and com pensation at the time of early retirement. Such deferred allowance shall be reduced by one-half of the member's Social Security benefit.
(c) In lieu of the deferred allowance under (b) above, the member may elect at the time of retirement to receive an early retirement allow ance commencing on his early retirement date which shall be equal to such deferred allowance reduced by 1/180 for each month between his early retirement date and his normal retirement date. Such immediate retirement allowance shall be reduced by one-half of the member's Social Security benefit.
(3) (a) Disability Retirement Allowance--Upon the application of a member in service or of the Board, any member who has not attained his normal retirement date, but who has completed fifteen (15) or more years of creditable service, may be retired by the Retirement Board on a disability retirement allowance on the first day of a month not less than thirty (30) nor more than ninety (90) days next following receipt of said application; provided that the Medical Board, after a medical examination of such member, shall certify that he is mentally or physi cally incapacitated for further performance of service, that such inca pacity is likely to be permanent, and that such member should be retired.
(b) The disability retirement allowance shall be equal to eighty (80) per centum of a service retirement allowance computed under Sub sections (1) (b) (i) and (ii) of this section on the basis of the member's creditable service and compensation at the time of disability retirement, less one-half of his Social Security benefit; provided, however, if such member both attained age 60 and completed twenty (20) years of cred itable service, the disability retirement allowance shall not be less than the allowance he would have received if he had retired on an early re tirement allowance commencing immediately.
(4) (a) Return of Contributions--Should a member's service be terminated for any reason other than death or retirement hereunder, he shall be paid on demand the amount of his accumulated contributions.
(b) Upon the receipt of proof, satisfactory to the Retirement Board,

SATURDAY, MARCH 4, 1961

1211

of the death of a member, there shall be paid to such person, if any, as he shall have nominated by written designation duly acknowledged and filed with the Retirement Board, if such person survives him, otherwise to the estate of the member, the amount of his accumulated contributions.
(c) Upon receipt of proof, satisfactory to the Retirement Board, of the death of a beneficiary, provided he has not elected an optional benefit that has become effective, there shall be paid to such person, if any, as he shall have nominated by written designation duly acknowledged and filed with the Retirement Board if such person survives him, otherwise to the estate of the beneficiary, any excess of the amount of his accumu lated contributions at retirement over the sum of the retirement allow ance payments received.
(d) Upon receipt of proof, satisfactory of the Retirement Board, of the death of the survivor of a beneficiary and his beneficiary designated under an optional benefit if an option has been elected and become effective, there shall be paid to such person, if any, as he shall have nominated by written designation duly acknowledged and filed with the Retirement Board if such person survives him, otherwise to the estate of the survivor, any excess of the amount of the beneficiary's accumu lated contributions at retirement over the sum the retirement allowance payments received by the beneficiary and the beneficiary designated under an optional benefit.
(5) Re-Examination of Beneficiaries Retired on Account of Dis ability--Once each year during the first five years following the retire ment of a member on a disability retirement allowance, and once in every three-year period thereafter, the Retirement Board may, and upon his application shall, require any disability beneficiary to undergo a medical examination if he has not yet attained his normal retirement date, such examination to be made at the place of residence of such beneficiary or other place mutually agreed upon. Should any disability beneficiary refuse to submit to such medical examination, his retirement allowance may be discontinued by the Retirement Board until his with drawal of such refusal, and should his refusal continue for one year, all rights in and to the disability retirement allowance shall cease, the elec tion of an optional benefit if one has been elected shall be of no further effect, and any excess of his accumulated contributions at retirement over the sum of the retirement allowance payments he received shall be paid to him in one sum. If the Retirement Board finds from such medical examination or otherwise that the disability of a beneficiary receiving a disability retirement allowance who has not reached his normal retire ment date has been removed and that he has regained his earning capac ity, in whole or in part, the part of his disability retirement allowance not provided by his own contributions shall be discontinued or reduced proportionately; provided that he shall be entitled to have his original disability retirement allowance restored in whole or in part prior to his normal retirement date if, on the basis of a medical examination by the Medical Board, the Retirement Board finds that he has again lost earn ing capacity because of the same disability.
(6) Restoration of Beneficiaries to Membership--Should a disability beneficiary be restored to or be in service at a compensation equal to or greater than his last five-year average compensation at retirement, or should any other beneficiary be restored to service, his retirement allow ance shall cease, and he shall again become a member of the System.

1212

JOURNAL OF THE HOUSE,

Anything hereunder to the contrary notwithstanding, any prior service credit shall be restored and he shall be credited with all service as a member standing to his credit at the time of his retirement; provided, however, that notwithstanding such restoration of service credit the retirement allowance payable upon subsequent retirement to such a beneficiary who is restored to membership after he has attained age 60 shall consist of an allowance computed on the basis of his service as a member subsequent to his last restoration to membership and in addition an allowance equal to the retirement allowance on which he was retired at the time of his last retirement with all of the provisions of any option restored, if one was elected, with respect to such retirement allowance.
(7) Optional Forms of Retirement Allowances--Any member may, by written notice received by the Retirement Board prior to the date of commencement of his retirement allowance, elect to convert his retire ment allowance into an optional benefit of equivalent actuarial value, in accordance with one of the options named below; provided, that if he dies within thrity (30) days after retirement the optional election shall not be effective, and he shall be considered to be a member in active service at the time of his death.
Option 1. A reduced retirement allowance payable during the member's life with the provision that if he should die before having received a total of 120 monthly retirement allowance payments, his monthly retirement allowance payments shall be continued to the beneficiary nominated by him by written designation duly acknowl edged by him and filed with the Retirement Board when he elected the option, until the number of monthly retirement allowance pay ments made to the beneficiary, when added to the number of monthly retirement allowance payments received by the member equals a total of 120. If the member fails to nominate a beneficiary, or if the beneficiary fails to survive him, the commuted value of any remain ing monthly retirement allowance payments shall be paid in one sum to his estate. If the beneficiary survives the member but dies before having received all the remaining monthly retirement allowance payments, the commuted value of such remaining payments shall be paid in one sum to the beneficiary's estate.
Option 2. A reduced retirement allowance payable during the member's life, with the provision that after his death it shall be paid during the life of, and to, the beneficiary nominated by him by writ ten designation duly acknowledged and filed with the Retirement Board when he elected the option; or
Option 3. A reduced retirement allowance payable during the member's life, with the provision that after his death an allowance at one-half the rate of his reduced allowance shall be paid during the life of, and to, the beneficiary nominated by him by written desig nation duly acknowledged and filed with the Retirement Board when he elected the option.
(8) Adjustment of Retirement Allowances for Social Security Bene fits--At the time of retirement on a retirement allowance commencing prior to the attainment of age 65, the member may elect, subject to the approval of the Retirement Board after written application therefor filed with the Retirement Board, to convert the retirement allowance otherwise payable to him into a retirement allowance of equivalent actuarial value of such amount that, with his Social Security benefit, he

SATURDAY, MARCH 4, 1961

1213

will receive, so far as possible, the same amount each year before and after such Social Security benefit commences.
SECTION 5. Method of Financing--All of the assets of the System shall be credited, according to the purpose for which they are held, between two accounts, namely, the Members' Account and the Accumu lation Account.
(1) (a) Members' Account--The Members' Account shall be the ac count in which shall be accumulated the contributions deducted from the compensation of members. The Board shall cause to be deducted from the compensation for each and every payroll period, contributions as follows:
(i) for the period from April 1 to December 31, 1960, 3 per centum of the part of the member's compensation not in excess of $4,800 during such period, plus 6 per centum of the part of such compensation in excess of $4,800; and
(ii) for each calendar year thereafter, 3 per centum of the part of the member's compensation not in excess of the amount upon which taxes are based under the Federal Insurance Contributions Act as from time to time in effect, plus 6 per centum of the part of such compensation in excess of such amount.
(b) The deductions provided for herein shall be made notwithstand ing that the minimum compensation provided for by law for any member shall be reduced thereby. Every member shall be deemed to consent and agree to the deductions made and provided for herein and shall receipt for his full salary and compensation, and payment of salary or compen sation less said deduction shall be a full and complete discharge and acquittance of all claims and demands whatsoever for the services ren dered by such person during the period covered by such payment except as to the benefits provided hereunder.
(c) The proper authority or officer responsible for making up the payroll shall certify to the Retirement Board the amounts deducted on each and every payroll, and each of such amounts shall be paid into the Members' Account and credited to the individual account of the member from whose compensation the deduction was made.
(d) The accumulated contributions of a member, paid upon his death or withdrawn by him as provided hereunder shall be paid from the Mem bers' Account. Upon retirement of a member, his accumulated contribu tions shall be transferred from the Members' Account to the Accumula tion Account.
(2) (a) Accumulation Account--The Accumulation Account shall be the account in which shall be accumulated all reserves for the payment of the part of all retirement allowances payable from contributions made by the Board and to which shall be credited all money provided by the Board to pay the administration expenses of the System and from which all benefits, other than the return of accumulated contributions under Section 4, Subsection (4), and all the expenses necessary in connection with the administration and operation of the System shall be paid.
(b) Regular Contributions by the Board--On account of each mem ber there shall be paid annually into the Accumulation Account a certain percentage of the compensation of each member to be known as the

1214

JOURNAL OF THE HOUSE,

"normal contribution" and an additional contribution to be known as the "accrued liability contribution."
(c) The Normal rate of contribution shall be determined after each actuarial valuation as the uniform and constant percentage of the com pensation of all members which is sufficient to cover the cost of benefits for membership service after taking into account members' contributions and any funds receivable hereunder from the Teachers' Retirement Sys tem of Georgia. The accrued liability contribution shall be a regular con tribution in such amount to be determined by the Board to liquidate the amount of the unfunded accrued liability.
(d) Interest--All interest and dividends earned on the funds of the System shall be credited to the Accumulation Account.
(e) Once each year the Retirement Board shall transfer from the Accumulation Account to the Members' Account amounts sufficient to allow regular interest on the balance of the members' accounts in the Members' Account.
(f) Regular interest shall mean interest at the per centum rates compounded annually as shall be determined by the Retirement Board from time to time with a rate of 3 per centum applicable from the effective date of the System until changed by the Retirement Board with the approval of the Board.
(3) (a) Voluntary Contributions by Members--Each member may provide for a supplemental benefit under the system which shall be inde pendent of all retirement allowances and rights thereunder provided for in Section 4 and of contributions therefor otherwise provided under this Section 5, by contributing an even percentage of his annual compensa tion, not less than 2 per centum nor more than 5 per centum. An election to contribute as herein provided shall be made by written notice to the Retirement Board at leasts 0 days prior to the date of the payroll from which the first contribution is to bed educted, and such election is to be irrevocable except that contributions may be discontinued or the per centage rate changed within the limitations hereinabove specified upon similar 30 day notice but not oftener than once in any 12 month period. The Board shall cause to be deducted such contributions from the com pensation of each contributing member on each and every payroll.
(i) "Accumulated voluntary contributions" as hereinafter used shall mean the sum of a member's contributions to the System made pursuant to this Subsection (3), with interest credited thereon at such rates as may be set from time to time by the Retirement Board, but not at a rate higher than the rate of regular interest.
(ii) 'Annuity' as hereinafter used shall mean annual payments for life derived from a member's accumulated voluntary contribu tions, calculated as a cash refund annuity in accordance with Sub section (d) of this Subsection (3), and computed on the basis of the tables last adopted by the Retirement Board and regular interest. All annuities shall be payable in monthly installments at the same time and in the same manner provided for retirement allowances under Section 1, Subsection (11).
(b) At the time payment of his retirement allowance commences under Section 4, a member shall receive, in addition to any other benefits provided under the System, an annuity which shall be of equivalent

SATURDAY, MARCH 4, 1961

1215

actuarial value to his accumulated voluntary contributions at the time payment of such annuity commences.
(c) Upon the receipt of proof, satisfactory to the Retirement Board, of the death of a member before payment of his annuity has com menced, the amount of his accumulated voluntary contributions at the time of his death shall be paid in one sum to the person, if any, nomi nated by him by written designation duly acknowledged and filed with the Retirement Board, if such person survives him, otherwise to the estate of such member. Any member upon ceasing to be a member except by death or retirement under the System shall be paid in one sum, within six months thereafter, the amount of his accumulated voluntary contributions at the time he ceased to be a member.
(d) Upon receipt of proof, satisfactory to the Retirement Board, of the death of a beneficiary after payment of his annuity has commenced but before such beneficiary has received in annuity payments the amount of his accumulated voluntary contributions at the time his annuity com menced, the balance of such amount shall be paid in one sum to the per son, if any, nominated by him by written designation duly acknowledged and filed with the Retirement Board, if such person survives him, other wise to the estate of such beneficiary.
(e) If a beneficiary who has contributed for an annuity is restored to active service as provided in Section 4, Subsection (6), his annuity shall continue nevertheless in the same manner and form as if he had not been restored to active service.
SECTION 6. Management of Funds--All the funds of the System shall be held by a corporate trustee, having over one million dollars in paid-in surplus and capital, appointed from time to time by the Board, in trust and under a trust instrument adopted, or as amended, by the Board for use in providing the benefits of the System and paying its expenses; provided that no part of the funds shall be used for, or di verted to, purposes other than for the exclusive benefit of members and beneficiaries prior to the satisfaction of all liabilities with respect to such members and beneficiaries.
SECTION 7. Assignments Prohibited--The property and funds of the System, the contributions of members deducted from their compensa tion, the right of a person to a retirement allowance or other benefit, and any other right accrued or accruing to any person hereunder and the moneys in the various accounts created shall not be subject to exe cution, garnishment, attachment, the operation of bankruptcy or insolv ency law, or any other process of law whatsoever to satisfy any debt or liability of any member or beneficiary, and shall be unassignable except as specifically provided hereunder.
SECTION 8. Errors--Should any change or error in the records result in any member or beneficiary receiving from the System more or less than he would have been entitled to receive had the records been correct, the Retirement Board shall have the power to correct such error, and, as far as practicable, to adjust the payments in such a manner that the actuarial equivalent of the benefit to which such member or benefi ciary was correctly entitled shall be paid.
SECTION 9. General Conditions--(1) The Board shall have the continuing right and power to amend, modify, or supplement the System, in whole or in part, at any time, provided that no amendment, modifica-

1216

JOURNAL OF THE HOUSE,

tion, or supplement shall be adopted which will reduce the then accrued benefits of the members, retired members and beneficiaries under the System below the extent they are then covered by accumulated reserves, which reserves shall constitute a trust fund for the payment of such benefits; and provided further that no amendment, modification, or sup plement shall be adopted which will reduce the benefit formulae under the System.
(2) If any section or part of any section hereof is declared to be unconstitutional, the remainder shall not thereby be invalidated.
(3) All prior resolutions or parts of resolutions of the Board in conflict herewith are hereby repealed." and
WHEREAS, the establishment of the retirement system provided for in the resolutions of said Board of Public Education herein above recited and referred to is authorized by law;
THEREFORE, in furtherance of the purposes declared in said Act entitled as aforesaid:
BE IT ENACTED by the General Assembly of Georgia and it is hereby enacted by authority of the same, that the Retirement System as hereinabove referred to and set forth, be ratified, confirmed and enacted as and for the "Local Retirement System for Teachers and Employees of the Board of Public Education for the City of Savannah and the County of Chatham."
ARTICLE II. Act Liberally Construed--This Act, having been en acted for the welfare of the teachers and other employees of the Board of Public Education for the City of Savannah and County of Chatham, shall be liberally construed to effect the purposes hereof.
ARTICLE III. Constitutional Construction and Legislative Intent-- The provisions of this Act are severable. If any of its provisions shall be held unconstitutional by any court of competent jurisdiction the decision of such court shall not affect or impair any of the remaining provisions; and notwithstanding any other evidence of legislative intent, it is hereby declared to be the controlling legislative intent that if any provision of this Act, or the application thereof to any person or circumstance is held invalid, the remainder of the Act and the application of such provisions to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby.
ARTICLE IV. All laws and parts of laws in conflict with this Act are hereby repealed.
There is attached hereto and made a part hereof an affidavit and notice of intention to apply for local legislation, a copy of which is attached to said affidavit.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

On the passage of the Bill, by substitute, the ayes were 120, nays 0.

The Bill, having received the requisite constitutional majority, was passed, by substitute.

SATURDAY, MARCH 4, 1961

1217

SB 108. By Senator Brown of the 52nd:
A Bill to amend an Act so as to permit boards of education in certain counties to use the form of condemnation procedure permitted by a certain 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 120, nays 0.

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

SB 144. By Senator Brown of the 52nd:
A Bill to authorize the boards of education of certain counties to create emeritus offices for retired heads of departments of the public school system; and for other purposes.

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

On the passage of the Bill, the ayes were 120, nays 0.

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

SB 157. By Senator Mitchell of the 43rd:
A Bill to amend the Code so as to change the salary of coroners in certain counties; and for other purposes.

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

On the passage of the Bill, the ayes were 120, nays 0.

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

SB 159. By Senator Harden of the 27th:
A Bill to provide that the governing authority of Jackson County shall furnish certain expenses for operating the Sheriff's office; and for other purposes.

The report 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.

1218

JOURNAL OF THE HOUSE,

SB 160. By Senators Brown of the 52nd and McWhorter of the 34th: A Bill to amend an Act providing that certain cities shall furnish pen sions to employees of such cities so as to provide an additional period of time within which such employees may make application for certain credit; and for other purposes.
The report 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 143. By Senator Brown of the 52nd:
A Bill to authorize the Board of Education of the City of Atlanta to create emeritus offices for retired heads of departments of said Board; and for other purposes.
The following amendment was read and adopted:
Mr. Brooks of Fulton moves to amend SB 143 by changing the period at the end of Section 3 to a comma and by adding thereto the following language: "and shall apply to the superintendent of schools who retired from office as such during the year 1960."

The report of the 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.

Mr. McCracken of Jefferson asked unanimous consent that the House recon sider its action in failing to pass the following Bill of the Senate:

SB 92. By Senators Jackson of the 24th and Whisnant of the 25th:
A Bill to be known as "The Georgia Professional Service and Association Act"; and for other purposes.

The consent was granted and the House reconsidered its action in failing to pass SB 92.

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 140. By Messrs. Scoggin of Floyd, Willingham of Cobb and others:
A Bill to amend the Code so as to provide a new schedule of deductions for "medical and dental care"; and for other purposes.

SATURDAY, MARCH 4, 1961

1219

Mr. Scoggin of Ployd moved that the House insist on its position in disagree ing to the Senate amendment to HB 140 and that a Committee of Conference on the part of the House be appointed, to confer with a like Committee on the part of the Senate.

The motion prevailed and the Speaker appointed as a Committee of Confer ence on the part of the House the following members:
Messrs. Scoggin of Floyd, Paris of Barrow and Willingham of Cobb.

The following Bill of the House was taken up for the purpose of considering the Conference Committee report thereon:

HB 502. By Messrs. Phillips, Thorntori and Taylor of Bibb:
A Bill to increase the corporate limits of the City of Macon; and for other purposes.

The following Conference Committee report was read:
REPORT
That HB 502 as originally passed by the House of Representatives do pass without Senate amendment and that the Senate thus recede from its position.
This 3rd day of March, 1961.
Wm. A. Ingram, Chairman Richard B. Thornton of Bibb, Secretary J. Taylor Phillips of Bibb Sam Gardner, Senator of 47th Phil Taylor of Bibb

Mr. Phillips of Bibb moved that the House adopt the Conference Committee report on HB 502.
On the motion, the ayes were 110, nays 0.
The Conference Committee report on HB 502 was adopted.
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 116. By Senator Sanders of the 18th:
A Bill to amend an Act known as the "Aid to the Blind Act" so as to increase eligibility income deductions; and for other purposes.
The following Committee amendment was read and adopted:
The Committee on Ways and Means moves to amend SB 116 by strik ing the following phrase wherever it appears:
"except that after March 1, 1961, in making such determination, earned income not to exceed eighty-five ($85) dollars per month

1220

JOURNAL OF THE HOUSE,

plus fifty (50) per cent of the said blind person's monthly earned income shall be disregarded."
and inserting in lieu thereof the following phrase:
"except that after March 1, 1961, in making such determination, the first eighty-five ($85) dollars per month of earned income plus onehalf (%) of earned income in excess of eighty-five ($85) dollars per month shall be disregarded."

, The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to.

On the passage of the Bill, as amended, the ayes were 104, nays 0.

The Bill, having received the requisite constitutional majority, was passed, as amended.

SB 100. By Senators Sanders of the 18th and Knox of the 54th:
A Bill to amend an Act providing pensions for firemen of the State of Georgia so as to redefine the term "fireman" and "volunteer fireman"; and for other purposes.

The report 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 13. By Senators Gardner of the 47th, Towson of the 16th and others:
A Bill to amend the Code so as to provide that 60 percent of a bank's directors must be citizens of the State of Georgia; and for other purposes.

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

On the passage of the Bill, the ayes were 103, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
The following Bill of the Senate was taken up for the purpose of considering the Senate amendment to the House substitute thereto:
SB 97. By Senator Ponsell of the 5th: A Bill to place certain officers of Ware County on a salary in lieu of a fee basis; and for other purposes.
The following Senate amendment to the House substitute to SB 97 was read: Senator Ponsell of the 5th moves to amend House Substitute to SB
97, as follows:

SATURDAY, MARCH 4, 1961

1221

By striking Section 6 in its entirety and inserting in lieu thereof a new Section 6 to read as follows:
"Section 6. The tax receiver of Ware County shall be paid a salary of six thousand dollars ($6,000.00) per annum."

Mr. Parker of Ware moved that the House agree to the Senate amendment to the House substitute to SB 97.

On the motion to agree, the ayes were 103, nays 0.

The Senate amendment to the House substitute to SB 97 was agreed to.

Under the order of business established by the Committee on Rules, the fol lowing Bill and Resolution of the Senate were taken up for consideration and read the third time:

SB 39. By Senators Knox of the 54th and Sanders of the 18th:
A Bill to amend the Code so as to provide for the use of space in the Capitol Building; and for other purposes.

The report 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.

SR 53. By Senator Harrington of the 20th:
A Resolution authorizing the transfer of a certain tract of land from the Georgia Forestry Commission to the Georgia Department of Defense; and for other purposes.

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

On the adoption of the Resolution, the ayes were 108, nays 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 Conference Committee report thereon:

HB 140. By Messrs. Scoggin of Floyd, Willingham of Cobb, and others:
A Bill to amend an Act so as to provide a new schedule of deductions for "medical and dental care"; and for other purposes.

1222

JOURNAL OF THE HOUSE,

The following Conference Committee report was read:
The Committee on Conference on HB 140 makes the following re port:
The Committee moves to strike Senate Amendment to said Bill and insert in lieu thereof the attached Amendment.
Respectfully submitted:
Robert L. Scoggin of Floyd James W. Paris of Barrow Willingham of Cobb E. R. Lambert of the 28th Eugene Culen of the 35th Overby of the 33rd

By adding in the title before the words "to provide a new schedule of deductions for 'medical and dental care';" the words "to provide a new method for computation of the depreciation and depletion deduction;".
By adding a new Section 1, which reads:
"Section 1. Code Section 92-3109, which provides for certain deductions from gross income in computing net income for State income tax purposes, as amended particularly by Acts approved March 26, 1935 (Ga. Laws 1935, pp. 121, 124), March 30, 1937 (Ga. Laws 1937, pp. 109, 126), February 27, 1953 (Ga. Laws 1953, Jan.Feb. Sess., pp. 274, 278), March 4, 1955 (Ga. Laws 1955, pp. 481, 482), and March 17, 1960 (Ga. Laws 1960, p. 1055), is hereby amend ed by striking in its entirety subsection (f) of said Code Section and inserting in lieu thereof a new subsection (f) which shall read as follows:
"(f) Depreciation and Depletion.--A reasonable allowance for the depletion and obsolescence of property used in the trade or busi ness; and in the case of mines, oil and gas wells, other natural de posits and timber, there shall be allowed as a deduction in computing taxable income a reasonable allowance for depletion and for depre ciation of improvements, according to the peculiar conditions in each case; such reasonable allowance in all cases to be made under regu lations prescribed by the State Revenue Commissioner. In any case in which it is ascertained as a result of operations or of development work that the recoverable units are greater or less than the prior estimate thereof, then such prior estimate (but not the basis for depletion) shall be revised and the allowance under this subsection for subsequent income years shall be based upon such revised esti mate. In the case of leases the deductions shall be equitably appor tioned between the lessor and the lessee. The amount allowed as a deduction for depletion in the case of mines, oil and gas wells, other natural deposits, and timber shall be the same depletion allowed under Sections 611, 612, 613 and 614 of the Federal Internal Revenue Code of 1954, as amended. In the case of property described in Sec tion 167 (c) of the Federal Internal Revenue Code of 1954, the terms 'reasonable allowance for the depreciation and obsolescence of prop erty' as used in this subsection shall include (but shall not he lim ited to) an allowance computed in accordance with regulations pre scribed by the State Revenue Commissioner under any of the meth-

SATURDAY, MARCH 4, 1961

1223

ods described in Paragraphs (2), (3) and (4) of Section 167 (b) of the Federal Internal Revenue Code of 1954."
By renumbering the present Sections 1, 2, 3, 4, 5, 6, 7, and 8 as Sec tion 2, 3, 4, 5, 6, 7, 8, and 9, respectively.

Mr. Scoggin of Floyd moved that the House adopt the Conference Committee report on HB 140.

On the motion, the ayes were 103, nays 0.

The Conference Committee report on HB 140 was adopted.

The following Bills of the House were taken up for the purpose of consider ing the Senate amendments thereto:

HB 546. By Mr. Akins of Union:
A Bill to change the compensation of certain officers of Union County from the fee system to the salary system; and for other purposes.
The following Senate amendment was read:
Senator Miller of the 40th moves to amend HB 546, as follows:
Amend HB 546 by striking from the title of said Bill the words "the Ordinary, and the Clerk of the Superior Court" in their entirety; and by striking the word "salaries" in the 3rd line thereof and substituting the word "salary"; and by striking the word "officers" as it appears in the 3rd and 4th lines and substituting in lieu thereof the word "officer."
By striking from Section 1 of said Bill the words, "the Ordinary and the Clerk of the Superior Court" wherever they appear; and by striking the word "officials" as it appears in the 3rd, 6th and 7th lines, and sub stituting in lieu thereof the word "official." By striking the word "sal aries" as it appears in the 3rd line and substituting in lieu thereof the word "salary"; and by striking the word "each" in the llth line of Section 1 and substituting the word "the."
By striking from Section 2 of said Bill the last two words of said Section which reads, "except automobiles," and substituting in lieu there of the words "including automobile."
By striking Section 3 of said Bill in its entirety.
By striking Section 4 of said Bill in its entirety.
By renumbering Section 5 of said Bill as Section 3.
By renumbering Section 6 of said Bill as Section 4.
Mr. Akins of Union moved that the House agree to the Senate amendment.
On the motion to agree, the ayes were 103, nays 0.
The Senate amendment to HB 546 was agreed to.

1224

JOURNAL OF THE HOUSE,

HB 587. By Mr. Clark of Catoosa:
A Bill to change the compensation of the Commissioner of Roads and Revenues of Catoosa County; and for other purposes.

The following Senate amendment was read:
Senator Green of the 44th moves to amend HB 587 as follows:
By striking from Section 1 thereof and within the quoted matter that language which reads "Eighty-Five Hundred and 08/100 Dollars ($8500.08)" and substituting in lieu thereof the following: "Seventy-Five Hundred Dollars ($7500)."
By striking from Section 1 and from the quoted matter therein the words and figures "Seven Hundred Eight and 34/100 Dollars ($708.34)" and substituting in thereof the following words and figures "Six Hun dred Twenty-Five Dollars ($625)."
By adding in Section 2 and in the second sentence of the quoted matter therein a period after the words "advice to any county officer" and striking the remainder of said second sentence which reads "when so directed and requested by the Commissioner."
By striking from Section 2 of said Bill and from within the quoted matter therein the third sentence which reads "Said attorney shall have the authority to investigate all records and books of any county officers when directed by the Commissioner and to give advice to any or all of said county officers in regard to their official duties at the direction of the Commissioner."

Mr. Clark of Catoosa moved that the House agree to the Senate amendment.

On the motion to agree, the ayes were 103, nays 0.

The Senate amendment to HB 587 was agreed to.

HB 588. By Mr. Clark of Catoosa:
A Bill to amend an Act so as to provide for the method of payment of the clerical assistant to the Sheriff of Catoosa County; and for other purposes.
The following Senate amendment was read:
Senator Green of the 44th moves to amend HB 588 as follows:
By adding, in the second sentence of the quoted matter of Section 1 of said Bill, a period after the words "pertaining to the Sheriff's office,' and striking the remainder of said sentence which reads "as shall be designated by the Sheriff and Commissioner of Roads and Revenue of said county."

Mr. Clark of Catoosa moved that the House agree to the Senate amendment.

On the motion to agree, the ayes were 103, nays 0.

SATURDAY, MARCH 4, 1961

1225

The Senate amendment to HB 588 was agreed to.

The following Resolutions of the House and Senate were read:

HR 197. By Messrs. Doster of Wilcox and Jernigan of Clinch:
A Resolution creating an interim committee to study the Black Shank and other agricultural diseases; and for other purposes.

The following amendment was read and adopted:
The Committee on Rules moves to amend HR 197 as follows:
By striking the words "twenty days," and inserting in lieu thereof "five days."
By striking the words "the committee is authorized to employ such professional and clerical help as it deems necessary to perform its duties."

The Resolution, as amended, was adopted.
HR 199. By Mr. Kimmons of Pierce: A Resolution authorizing a study of forestry and soil conservation; and for other purposes.

The following amendment was read and adopted: The Committee on Rules moves to amend HR 199 as follows: By striking the words "ten days," and inserting in lieu thereof the
words "five days."
The Resolution, as amended, was adopted.

HR 210-614. By Messrs. Fuqua of Richmond, Hull of Richmond, and others:
A Resolution creating a committee to study the Uniform Commercial Code; and for other purposes.
The following amendment was read and adopted:
The Committee on Rules moves to amend HR 210-614 as follows:
By striking the words "The Committee shall remain in effect until, in its opinion, its work as provided for herein is completed.", and insert ing in lieu thereof "The Committee shall make its report on or before De cember 1, 1961, on which date the committee shall stand abolished."
By striking the words "In order to perform its duties more effi ciently, the Committee is authorized to employ technical, legal and clerical help and to fix the compensation therefor. The Committee is authorized to obtain such materials, supplies and equipment as it feels necessary to accomplish its duties."
The Resolution, as amended, was adopted.

1226

JOURNAL OF THE HOUSE,

HR 217. By Messrs. Johnson of Jenkins and Kelly of Jasper:
A Resolution creating an interim committee to study matters pertaining to the State hunting and fishing licenses; and for other purposes.
The Committee on Rules moves to amend HR 217 as follows:
By striking the words "The committee shall receive the above not to exceed twenty days for each member. The committee is authorized to employ such professional and clerical help as it deems necessary to per form its duties.", and inserting in lieu thereof the words "The committee shall receive the above for not to exceed five days per member."
The Resolution, as amended, was adopted.
HR 219. By Mr. Barrett of Cherokee:
A Resolution creating a sub-committee of the Natural Resources Com mittee of the House to study matters pertaining to Georgia's natural forests, fisheries and hatcheries; and for other purposes.
The following amendment was read and adopted:
The Committee on Rules moves to amend HR 219 as follows:
By striking the entire last paragraph and inserting in lieu thereof the following:
"NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the Speaker is hereby authorized to appoint a committee consisting of such members of the Natural Resources Com mittee as he deems advisable, to study the development of natural re sources pertaining to the aforesaid matters. The members of the com mittee shall receive the compensation, per diem, expenses and allowances authorized for members of interim legislative committees. The committee shall receive the above for not to exceed five days per member. The funds necessary to carry out the purposes herein 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 on or before January 15, 1962, on which date the committee shall stand abolished."
The Resolution, as amended, was adopted.

HR 224. By Messrs. Steis of Harris, Rutland of DeKalb and others: A Resolution creating a committee to study laws relating to abandon ment and illegitimacy; and for other purposes.
The following amendment was read and adopted: The Committee on Rules moves to amend HR 224 as follows: By striking the words "twenty days" and inserting in lieu thereof
the words "five days".
The Resolution, as amended, was adopted.

SATURDAY, MARCH 4, 1961

1227

HR 227. By Messrs. Tucker of Burke, Mixon of Irwin, and others:
A Resolution creating a Committee to inspect rural roads; and for other purposes.

The following amendment was read and adopted: The Committee on Rules moves to amend HR 227 as follows: By striking the word "six", and inserting in lieu thereof the word
"five".
By striking the words "fifteen days", and inserting in lieu thereof the words "five days".

The Resolution, as amended, was adopted.

HR 249. By Messrs. Bolton of Spalding, Hale of Dade, and others: A Resolution creating a committee to study methods of financing addi tional services; and for other purposes.
The following amendment was read and adopted: The Committee on Rules moves to amend HR 249 as follows: By striking the words "six members", and inserting in lieu thereof
the words "three members". By striking the words "thirty days", and inserting in lieu thereof
the words "the number of days as determined by the Speaker".
The Resolution, as amended, was adopted.

HR 235-694. By Messrs. Puqua of Richmond and Stuckey of Dodge:
A Resolution creating a Committee relative to the construction of a new Governor's Mansion; and for other purposes.
The following amendment was read and adopted:
The Committee on Rules moves to amend HR 235-694 as follows:
By striking the words "In order to perform its duties more effici ently the committee is hereby authorized to employ clerical and other help and fix the compensation therefor."
By striking the last two paragraphs and inserting in lieu thereof the following:
"The committee shall make a report of its findings and recom mendation on or before December 1, 1961, on which date the com mittee shall stand abolished. The legislative members of the com mittee shall be paid from the funds appropriated to or available to the legislative branch of the government, and the Secretary of State and the State Auditor shall be paid from funds appropriated for that purpose. The laymen members of the committee shall be paid from funds appropriated to the Executive Department. The

1228

JOURNAL OP THE HOUSE,

committee shall study the advisability and feasibility of constructing a new Governor's Mansion.

The Resolution, as amended, was adopted.

HR 254. By Mr. Cox of Clarke:
A Resolution authorizing a subcommittee of the State Institutions and Property Committee to inspect the State institutions and property owned and/or operated by the State of Georgia; and for other purposes.

The following amendment was read and adopted:
The Committee on Rules moves to amend HR 254 as follows:
By striking the last paragraph and inserting in lieu thereof the following:
"NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created a com mittee of such number of members of the State Institutions and Property Committee as the Speaker shall deem necessary to visit State institutions and property owner or operated by the State of Georgia. The members of the committee shall receive the compensa tion, per diem, expenses and allowances authorized for members of interim legislative committees. The committee shall receive the above for not to exceed the number of days that are specified by the Speaker. The funds necessary to carry out the purposes herein 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 to the 1962 session of the General Assembly on or before January 15, 1962, on which date the committee shall stand abolished."

The Resolution, as amended, was adopted.

HR 255. By Mr. Kelly of Jasper:
A Resolution creating a House Interim Study Committee; and for other purposes.

The following amendment was read and adopted:
The Committee on Rules moves to amend HR 255 as follows:
By striking the last paragraph and inserting in lieu thereof the following:
"NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that a committee is hereby created to be composed of five members of the House to be appointed by the Speaker, to study the advisability of preventing billboard adver tisements along the right of ways and Federal and State High ways. The members of the committee shall receive the compensa tion, per diem, expenses and allowances authorized for interim legislative committees. The committee shall receive the above for not to exceed five days per member. The funds necessary for carry-

SATURDAY, MARCH 4, 1961

1229

ing out the purposes of this resolution shall come from the funds appropriated to or available to the legislative branch of the govern ment. The committee shall make a report of its findings and recom mendations to the 1962 session of the General Assembly on or be fore January 15, 1962, on which date the committee shall stand abolished."

The Resolution, as amended, was adopted.

SR 20. By Senator Sanders of the 18th:
A Resolution creating a committee to make a study of the Peace Of ficers' Annuity and Benefit Fund; and for other purposes.

The following amendment was read and adopted.
The Committee on Rules moves to amend SR 20 as follows: By striking the words "five members, and inserting in lieu thereof the words "seven members". By striking the word "three" and inserting in lieu thereof the word "five".
By adding at the end thereof "The committee shall meet for not to exceed five days per member."

The Resolution, as amended, was adopted.

The following Resolutions of the House were read and adopted:

HR 138. By Messrs. Adams of Polk, Thornton of Bibb, Ployd of Chattooga, Phillips of Walton, Lewis of Burke and many, many others:
A RESOLUTION
Pleading with the State Highway Department to establish a mini mum wage for employees of One ($1.00) Dollar per hour; and for other purposes.
WHEREAS, the cost of living has increased considerably since the last wage adjustment for State Highway employees; and
WHEREAS, the employees of the maintenance crews of the State Highway Department work long hours in all types of weather so that the citizens of the State of Georgia and tourists from other States can travel over highways that are beautiful, picturesque and scenic, and over roads that are smooth and safe; and
WHEREAS, because of the increase in traffic fatalities through out the nation and in our own State, it is imperative that we maintain the best possible driving conditions for everyone so that the lives of our fine citizenry can be preserved; and
WHEREAS, in order to maintain these good driving conditions we must employ persons who are industrious, willing, competent and able bodied to work roads and highways; and

1230

JOURNAL OF THE HOUSE,

WHEREAS, any employee who is drawing a meager wage of only 75^ an hour or 85<? an hour, and especially one who has other loved ones such as elderly parents, dear wives, and small infants dependent upon him for their existence, cannot provide a very good standard of living either for himself or his loved ones; and
WHEREAS, the federal government has established a minimum wage of $1.00, which has been in effect for several years and is antici pating setting a minimum wage of $1.25 in the near future; and
WHEREAS, the elected officials of the Sovereign State of Georgia are extremely interested and concerned in the welfare of their con stituents who are employed by the State Highway Department:
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the State Highway Department be urged, beseeched, encouraged and pleaded with to establish a minimum wage of $1.00 per hour for all employees of the State Highway Depart ment.

HR 202. By Messrs. Kidd and Chandler of Baldwin:
A RESOLUTION
Requesting the Members of the Senate and House of Representa tives of the United States Congress from Georgia to make a study re garding tariff rates of certain imported goods; and for other purposes.
WHEREAS, the textile industries and certain other industries lo cated in the State of Georgia are suffering because of the importation of goods from foreign countries; and
WHEREAS, the wage standards and the standards of living in certain of these foreign countries are much less in comparison than the wage standards and the standards of living in the United States of America; and
WHEREAS, because of such wage standards and standards of liv ing, it is possible for such countries to export goods to the United States of America at a much lower price than the same goods can be pur chased from American industries; and
WHEREAS, it is only fit and proper that the citizens of our great county be encouraged to purchase American made goods.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Members of the Senate and the House of Representatives of the United States Congress from the State of Georgia are hereby respectively and urgently requested to encourage the proper Committee or Committees of the United States Congress to make a full study of the present tariff rates on goods imported into the United States of America, and such Committee or Committees making such study are hereby respectively and urgently requested to determine whether or not tariff rates should be charged on the basis of the wage standards of the country exporting such goods.
BE IT FURTHER RESOLVED that the Clerk of the House of Rep resentatives is hereby authorized and directed to send a copy of this

SATURDAY, MARCH 4, 1961

1231

Resolution to each member of the Senate and the House of Representa tives of the United States from the State of Georgia.

HR 220. By Mr. McClelland of Fulton:
A RESOLUTION
Commanding the "Buckhead Red Devils" football team, Coach Bob Blackwell and staff; and for other purposes.
WHEREAS, it has been brought to our attention that the Red Devils championship football team of Buckhead (Atlanta), ages 11, 12 and 13, defeated the Polk County All Stars in the Santa Claus Bowl at Lakeland, Florida, and again won the annual Trophy; and
WHEREAS, these young Ambassadors of good-will continue to bring fame to our fair State and to acquire fame for their team; and
WHEREAS, there was an exchange of Georgia and Florida State flags during their visit at Lakeland; and
WHEREAS, the Florida State flag will be given to Governor Vandiver and Secretary of State Fortson to be placed with other State flags in the Georgia Hall of Flags; and
WHEREAS, all these boys are prospective players for our favorite teams--Tech and Georgia; and
WHEREAS, the Red Devils team has been, for several years, under the paternal guidance and development of Head Coach Bob Blackwell-- alumnus of the University of Georgia--who has given freely of his time and talents teaching these youthful gridders sportsmanship and fair-play.
NOW, THEREFORE, BE IT RESOLVED that the House of Rep resentatives of the State of Georgia takes cognizance of the accom plishments and representation of the "Buckhead Red Devils" football team of Atlanta and heartily commends these young Georgians who compose its membership and congratulates their dedicated Head Coach, Bob Blackwell, and staff.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to send a copy of this Resolution to the Honorable Bob Blackwell, Head Coach of the "Buckhead Red Devils" football team.

HR 221. By Messrs. McClelland and Brooks of Fulton; Mackay, Howard and Rutland of DeKalb:
A RESOLUTION
Extending congratulations to Honorable Boisfeuillet Jones; and for other purposes.
WHEREAS, Honorable Boisfeuillet Jones, a native of Macon, Georgia and Atlanta, Georgia, has been appointed as a Special Assistant on health and medical affairs in the Department of Health, Education and Welfare, a Department within the Government of the United States of America; and

1232

JOURNAL OF THE HOUSE,

WHEREAS, the experience of Mr. Jones in the field of health and medicine and his educational, professional and personal qualifications well qualify him for this important position; and
WHEREAS, Mr. Jones will be closely associated with the health and medical affairs of the Department of Health, Education and Wel fare; and
WHEREAS, the citizens and officials of the State of Georgia fully believe and trust that Mr. Jones can and will carry out all of the duties assigned to him; and
WHEREAS, Mr. Jones served on the Advisory Committee on Health Policy of the Democratic National Committee during 1960; and
WHEREAS, Mr. Jones is thoroughly familiar with the health and medical problems of our nation.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the sincerest congratulations of this body be extended to Honorable Boisfeuillet Jones upon his appointment as a Special Assistant on health and medical affairs in the Department of Health, Education and Welfare that this body wish him well in all of his endeavors.
BE IT FURTHER RESOLVED that this body go on record as concurring with the decision of the President of the United States of America, Honorable John F. Kenendy, in making this appointment.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to forward appro priate copies of this Resolution to the Honorable Boisfeuillet Jones and to the President of the United States of America, Honorable John F. Kennedy.

HR 222. By Messrs. McClelland and Brooks of Fulton:
A RESOLUTION
Urging the Postmaster General of the United States to take action necessary to establish and maintain a branch post office in the Capitol Hill area of Atlanta; to request the members of the Georgia congres sional delegation to take action to assist in effectuating the purposes of this Resolution; and for other purposes.
WHEREAS, departments of the government of the State of Geor gia, having principal offices in the State Capitol and in nearby office buildings located on Capitol Hill in Atlanta, are now regularly required to deliver large quantities of United States mail a considerable distance to the Atlanta Post Office, at the expense of the State of Georgia; and
WHEREAS, the said Capitol Hill area is also the site of numerous offices and departments of the city and county governments, and a heavy concentration of private industrial establishments; and
WHEREAS, the many employees in the area, who find it extremely difficult to accommodate their personal postal service needs under pres ent circumstances, would extensively utilize the services of a branch post office; and

SATURDAY, MARCH 4, 1961

1233

WHEREAS, the volume of mail dispatched and received by occu pants of the Capitol Hill area would fully justify the establishment of a branch post office.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA that we respectfully re quest and urge the Postmaster General of the United States to take action necessary to establish and maintain a branch post office in the Capitol Hill area in Atlanta, Georgia.
BE IT FURTHER RESOLVED that we respectfully request the members of the Georgia delegation in the United States Congress to take appropriate action to assist in effectuating the purposes of this Resolution.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby instructed to transmit a copy of this Reso lution to the Postmaster General of the United States, to the Postmaster of Atlanta, Georgia, and to each member of the Georgia delegation in the United States Senate and the United States House of Repre sentatives.

HR 252. By Messrs. Barber of Jackson and Strickland of Evans:
A RESOLUTION
Creating a committee to study the health and hygiene program of the State of Georgia; and for other purposes.
WHEREAS, there is a need for a study to be conducted for the purpose of reappraising the general status of the health and hygiene program of this State, particularly as it relates to mental health, to the Georgia Department of Public Health and to the public hospitals located within this State; and
WHEREAS, these subjects become of an increasing importance each year, and the members of this Body are in need of information concerning the aforesaid;
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created a committee to be appointed by the Speaker, to be composed of such members of the Hygiene and Sanitation Committee of the House as the Speaker shall determine, for the purpose of conducting the aforesaid study into the appropriate fields as well as other related matters pertaining to the health and hygiene program of this State. The committee shall be authorized to meet for such period of time as the Speaker of the House shall determine, and the members shall receive the compensation, per diem, expenses and allowances authorized for members of interim legis lative committees. The funds necessary to carry out 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 re port of its findings and recommendations to the 1962 session of the General Assembly on or before January IB, 1962, on which date the committee shall stand abolished.

1234

JOURNAL OF THE HOUSE,

HR 253. By Messrs. Kidd of Baldwin, Mackay of DeKalb and Barber of Jackson:
A RESOLUTION
Relative to the unemployment situation in Georgia and the nation.
WHEREAS, the State of Georgia and the United States are pres ently suffering from a condition of widespread unemployment; and
WHEREAS, the employees of this nation should be given an oppor tunity to work so as to have a firm economic basis for the operation of our great State and country; and
WHEREAS, there has been advanced a plan which would check the upward trend of unemployment by having employers employ the great est number of employees possible even if they are hired on a reduced working schedule; and
WHEREAS, President Kennedy has outlined a resolute determina tion to deal vigorously with unemployment and liberally with the un employed, especially in areas with heavy concentration of unemployed workers, and
WHEREAS, the Kennedy Administration is expected to make available for immediate use such funds as may be available or may be made available on such projects as can be readied for construction, as a means of reducing unemployment and supplying surplus commodi ties to the distressed jobless relief clients; and
WHEREAS, the President cannot be expected to engage the gov ernment in widespread work-relief projects, such as was set up back in the 1930's, especially in areas where States can care for their own with the cooperation of local government down into community levels; and
WHEREAS, States with a reasonably low percentage of jobless workers may avail themselves of a program that can bring about immediate relief in the situation of unemployment by the simple ex pediency of recommending to employers and labor groups methods of adjusting schedules to provide for the creation of job opportunities for additional workers, or for retaining workers on jobs in slack periods, spreading the wages to accommodate the normal compliment of workers on all jobs, wherever practical and possible; and
WHEREAS, as conditions in industry improve, employers should hire more workers rather than increasing the work load on existing emergencies of unemployment.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF GEORGIA that the employers of the State of Georgia are hereby requested to give full consideration and coopera tion to the plan for decreasing unemployment set forth in this reso lution. The Commissioner of Labor is requested to cooperate to the fullest with the employers of this State in order to make effective the plan for decreasing unemployment set forth in this resolution.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby authorized and directed to send a copy of this resolution to each member of the United States Congress from Georgia so that the plan proposed by this resolution may be considered on a national level.

SATURDAY, MARCH 4, 1961

1235

HR 259. By Mr. Jones of Lumpkin:
A RESOLUTION
Creating a committee to study the implementation of and possible legislative changes in the "Motor Vehicle Certificate of Title Act".
WHEREAS, The General Assembly of Georgia this Session passed an Act known as the "Motor Vehicle Certificate of Title Act"; and
WHEREAS, this law is an important step forward by the State of Georgia; and
WHEREAS, this law is inherently complex and its implementa tion should be given considered care by not only the people charged with its administration, but also the General Assembly of Georgia;
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that an interim study committee composed of such members of the House from the State at large as the Speaker of the House desires to appoint, be appointed to study how States with similar laws have implemented said laws in order to reduce possible confusion upon initial issuance of certificates of title for motor vehicles, and to further evaluate the provisions of this State's "Motor Vehicle Certificate of Title Act" as compared with the laws of other States in order to see if possible legislative changes are desirable. The mem bers of the committee shall receive the compensation, per diem, expenses and allowances authorized for members of interim legislative commit tees. The Speaker of the House shall limit the number of days the members of the committee may receive the above compensation, per diem, expenses and allowances. The committee shall file a report of its findings and recommendations to the General Assembly and others on or before January 10, 1962, on which date the committee shall stand abolished. The funds necessary to carry out the provisions herein shall come from the funds appropriated to or available to the legislative branch of the government.

HR 271. By Messrs. Flexer of Glynn and Scoggin of Floyd:
A RESOLUTION
Urging the Federal Government to maintain the lighthouse on St Simons Island.
WHEREAS, the General Services Administration of the Federal Government maintains a lighthouse/property on St. Simons Island in Glynn County; and
WHEREAS, said General Services Administration is in the process of selling aforesaid lighthouse/property; and
WHEREAS, should said General Services Administration sell said lighthouse/property it would cause irreparable harm not only to St. Simons Island and Glynn County but also to the State of Georgia; and
WHEREAS, said lighthouse/property is an historical feature of the coast of Georgia, being the last lighthouse/property of its type on the Georgia coast, and its esthetical enhancement of St. Simons Island is inestimable; and

1236

JOURNAL OF THE HOUSE,

WHEREAS, our treasured links with the past are continually being destroyed for the sake of so called progress;
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the General Services Administration of the Federal Government be most strongly urged not to dispose of the lighthouse/property at St. Simons Island but to maintain it as a revered landmark and historical symbol of a bygone era which our successors may view and appreciate.

HR 272. By Messrs. Bolton of Spalding, Hale of Dade, and others:
A RESOLUTION
Relative to funds for a program of county property re-evaluation; and for other purposes.
WHEREAS, the General Assembly has enacted legislation relative to assisting counties in a program of tax equalization and property re-evaluation; and
WHEREAS, such a program would be of untold benefit not only to the counties of this State but to the State Government as well, and to all citizens of this State; and
WHEREAS, such a program would in a few short years pay for itself many fold and would result in increased revenue with which many additional worthwihle programs for the counties and municipali ties of this State could be inaugurated; and
WHEREAS, it is imperative that the legislation provided for in this Session of the General Assembly be implemented with necessary funds in order that this important program may be undertaken imme diately ;
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the Budget Bureau is requested to make available to the State Revenue Department at the earliest possible date the funds which are required to implement the legislation enacted rela tive to a program of property re-evaluation and tax equalization in the counties of this State.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a copy of this resolution to the Governor and to the State Revenue Commissioner.

HR 273. By Messrs. Kidd and Chandler of Baldwin:
A RESOLUTION
Commending Allan Bryant; and for other purposes.
WHEREAS, Allan Bryant, Reporter for the Atlanta Constitution is presently writing a series of articles entitled "I Was Cured at Milledgeville", which are appearing in the Atlanta Constitution; and
WHEREAS, this series is based on the personal experiences of Allan Bryant and its context is serving to enlighten the public of the progress in service and treatment being made at Milledgeville State Hospital; and

SATURDAY, MARCH 4, 1961

1237

WHEREAS, that portion of the series which has already appeared has proved to be stimulating and of great interest, and it is certain that the remainder will be likewise; and
WHEREAS, the compilation of the entire series when completed, into pamphlet form would be worthy and informative to those who have not read the same.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OP REPRESENTATIVES that Allan Bryant is hereby congratulated and commended for this series.
BE IT FURTHER RESOLVED that the Clerk of the House of Rep resentatives is hereby directed to forward an appropriate copy of this Resolution to Allan Bryant and another to Eugene Patterson, Editor of The Atlanta Constitution.
BE IT FURTHER RESOLVED and it is earnestly urged that upon completion of this series the same be compiled into pamphlet form and made available to interested persons.

HR 274. By Messrs. Smith of Fulton, Matthews of Clarke, Cox of Clarke, and Smith of Emanuel:
A RESOLUTION
WHEREAS, the Honorable Roger Kaiser, a student at the Georgia Institute of Technology, has just completed his third year as a member of the basketball team of that school, and
WHEREAS, said Roger Kaiser has broken all school records in points scored, as well as achieving an astounding percentage of goals attempted, and
WHEREAS, he has been selected to every All-American team of prominent as one of the five best basketball players in the United States, and
WHEREAS, said Roger Kaiser has been honored by his fellows who have named him Captain of the team for two consecutive years, and
WHEREAS, Roger Kaiser is also an excellent student, prominent in many school activities and is exceedingly popular with other students, coaches and players of other schools, who unanimously acclaim him a sportsman of the highest caliber,
NOW, THEREFORE, BE IT RESOLVED by the House of Repre sentatives, the Senate concurring, that the best wishes of both Houses be conveyed to Honorable Roger Kaiser, both for his past and future success, and compliments him for all the attainments here-to-fore men tioned, and
BE IT FURTHER RESOLVED that a copy of this resolution be forwarded to the Honorable Roger Kaiser, his coach, the Honorable Whack Hyder, and the Athletic Director, the Honorable Bobby Dodd, as a testimonial to a fine young man who exemplifies the highest ideals and has set a splendid example for others to follow.

1238

JOURNAL OP THE HOUSE,

HR 275. By Messrs. Duncan and Waldrop of Carroll:
A RESOLUTION
Expressing regrets at the illness of Dr. William H. Row; and for other purposes.
WHEREAS, it has come to the attention of the House of Repre sentatives that Dr. William H. Row, President of West Georgia College at Carrollton, Georgia, is ill and confined at Piedmont Hospital, Atlanta, Georgia; and
WHEREAS, it is with great regret to learn of Dr. Row's sickness, and it is the hope, wish, and prayer of each member of this body that he have a speedy recovery.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that said body expresses its regrets at Dr. Row's illness and its hope that he have a speedy recovery.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives shall mail an appropriate copy of this Resolution to Dr. William H. Row.

The Speaker directed that the following communication be spread upon the Journal:
Mr. Speaker and Members of the House of Representatives:
Your Committee created as a result of House Resolution No. 31 most respectfully submits the following report:
Your Committee, consisting of Brooks of Fulton, Chairman; An drews of Hall, Vice-Chairman; Phillips of Bibb, Secretary; Clarke of Monroe, Member, and Jones of Liberty, Member; held on two separate occasions in the State Capitol two lengthy public hearings at which time your Committee heard from numerous witnesses, both members of the Bar and laymen from the public, in reference to complaints against various insurance companies operating in this State. Said testimony was taken under oath. Some of the testimony was recorded by actual tran script; other being recorded by memorandums by various members of the Committee. The transcript of the testimony offered to the Com mittee is very lengthy, and your Committee most respectfully submits that it has not had sufficient time to fully digest and analyze the records of the testimony.
Your Committee further respectfully reports that there has been exhibited to the Committee a tremendous statewide interest both from the Bar and the public for additional hearings in various sections of the State.
Your Committee has worked very diligently pursuant to this resolu tion and has reason to believe that by virtue of said testimony, this matter needs further exploration; therefore, your Committee respect fully requests that the membership of the House and Mr. Speaker give serious and favorable consideration to an accompanying resolution filed by this Committee requesting additional time to hold public hearings in other areas of the State in as much as many requests have been received from interested members of the public and the Bar from other

SATURDAY, MARCH 4, 1961

1239

sections of the State who could not at this time make the lengthy sojourn to the Capitol to appear before the Committee.
This report is most respectfully submitted by your Committee.
Wilson Brooks, Pulton County Chairman Robert Andrews, Hall County Vice-Chairman J. Taylor Phillips, Bibb County Secretary Harold G. Clarke, Monroe County Member Charles M. Jones, Liberty County Member

The following Resolutions of the House were read and adopted:

HR 276. By Messrs. Brooks of Fulton, Andrews of Hall, Phillips of Bibb, Clarke of Forsyth and Jones of Liberty.
A RESOLUTION
Extending a previously created Committee of the House, created for the purpose of investigation and study of certain matters relating to insurance companies; and for other purposes.
WHEREAS, there has been previously created by House Resolu tion 31, a Committee to investigate certain charges being made against certain automobile liability insurance companies regarding bad faith on the negotiation and settlement of claims as more particularly set forth in House Resolution 31; and
WHEREAS, pursuant to said resolution the members of said Com mittee, to wit Brooks of Fulton, Chairman; Andrews of Hall, ViceChairman; Phillips of Bibb, Secretary; Clarke of Monroe, Member; and Jones of Liberty, Member have conducted public hearings; and
WHEREAS, said Committee reports that due to the voluminous testimony taken before said Committee and due to the tremendous and unexpected statewide interest in said investigation, it is felt that said Committee should be extended over to hold additional hearings during the adjournment period in 1961.
BE IT THEREFORE RESOLVED AS FOLLOWS:
The said Committee created by HR 31, consisting of Brooks of Fulton, Chairman; Andrews of Hall, Vice-Chairman; Phillips of Bibb, Secretary; Clarke of Monroe, Member; and Jones of Liberty, Member, is hereby extended and are hereby charged with the responsibility of holding additional hearings, not exceeding five days, with the power to swear witnesses and hear testimony with regard to the allegations of bad faith against certain insurance companies; and
BE IT FURTHER RESOLVED that this Committee shall have power to obtain the services of legal counsel, on the condition however, that said counsel shall not be a financial responsibility of the State of Georgia or of the General Assembly; and

1240

JOURNAL OP THE HOUSE,

BE IT FURTHER RESOLVED that said Committee shall file a report with the 1962 session of the General Assembly, more particularly the House of Representatives, of its findings and recommendations; and
BE IT FURTHER RESOLVED that said Committee shall be com pensated as provided for by law for work of interim committees.

HR 277. By Mr. Smith of Emanuel:
A RESOLUTION
Expressing appreciation to Wilby-Kincey Theatres and to Mr. Willis J. Davis; and for other purposes.
WHEREAS, the members of this Body have been issued passes to the Fox Theatre through the courtesy of Wilby-Kincey Theatres and Mr. Willis J. Davis; and
WHEREAS, it is always a pleasure to attend a movie at the afore said Theatre;
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that sincerest appreciation is hereby expressed to Wilby-Kincey Theatres and to Honorable Willis J. Davis for their kindness, thoughtfulness and consideration in presenting the members of this Body with passes to the Fox Theatre.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a copy of this resolution to Wilby-Kincey Theatres and to Honorable Willis J. Davis.

HR 278. By Messrs. Duncan and Waldrop of Carroll:
A RESOLUTION
Commending the Citizens & Southern National Bank; and for other purposes.
WHEREAS, the Citizens & Southern National Bank, during the current Session of the General Assembly has allowed the members thereof to use, without charge, parking facilities of the Commercial Building Garage; and
WHEREAS, through this kind generosity upon the part of the Citizens & Southern National Bank, transportation problems of the members of the General Assembly have been reduced.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body express its sincerest appreciation of the use and benefit of the Commercial Building Garage during this Session of the General Assembly.
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 Citizens & Southern National Bank.
HR 279. By Messrs. Duncan and Waldrop of Carroll:
A RESOLUTION
Expressing appreciation to Honorable G. Ed Perry and Honorable Albert Parker; and for other purposes.

SATURDAY, MARCH 4, 1961

1241

WHEREAS, Honorable G. Ed Perry, Senator of the 49th Dis trict, and Honorable Albert Parker furnished each member of the House of Representatives with a delicious Claxton Fruit Cake; and
WHEREAS, it is known that these cakes are a delicacy and are renown throughout the South and Georgia; and
WHEREAS, it is certain that they will be enjoyed by every mem ber of the House and their families.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body expresses its thanks and appre ciation for the cakes given to its members.
BE IT FURTHER RESOLVED that an appropriate copy of this Resolution be sent to Honorable G. Ed Perry and Honorable Albert Parker.

HR 280. By Messrs. Phillips of Bibb, Thornton of Bibb, Melton of Spalding and Lovett of Laurens:
A RESOLUTION
Expressing regret at the passing of Honorable Eugene Anderson; and for other purposes.
WHEREAS, Honorable Eugene Anderson, Columnist and former City Editor of the Macon Telegraph, passed away on March 1, at the age of ninety-four; and
WHEREAS, he was born in Houston County, attended school in Hawkinsville, Georgia and began his newspaper career on the Hawinsville Dispatch; and
WHEREAS, his widely loved Column, "Around the Circle", grew out of his assignment as a roving reporter in rural middle Georgia for the Macon Telegraph and News; and
WHEREAS, he was Southern reporter for several daily news papers for the North, East and West, and covered Grover Cleveland's campaign for the Presidency; and
WHEREAS, among his many activities in Macon, Georgia, he was the first Secretary of the Library Board of Washington Memorial Library, Secretary of the Macon Chamber of Commerce and the Georgia Chamber of Commerce, Manager of several of the Georgia State Fairs, and was Secretary of the Macon Merchants' Advertising Agency; and
WHEREAS, he was active in all the affairs of his community and was beloved by all who knew him; and
WHEREAS, his passing is a great loss not only to his locality but to the State and the entire Nation;
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that deepest regrets are hereby expressed at the passing of Honorable Eugene Anderson and sincerest sympathy is hereby extended to his wife and the members of his Family.
BE IT FURTHER RESOLVED that the Clerk of the House is

1242

JOURNAL OP THE HOUSE,

hereby instructed to transmit a copy of this resolution to Mrs. Eugene Anderson.

The following Resolutions of the House were read and referred to the Com mittee on Rules:

HR 281. By Mr. Caldwell of Upson:
A RESOLUTION
Relative to ad valorem taxes on motor vehicles; and for other purposes.
WHEREAS, there have been many suggestions relative to the possibility of collecting ad valorem taxes on motor vehicles at the time license tags are purchased; and
WHEREAS, there have been many conflicting statements relative to this subject; and
WHEREAS, this Body is in need of additional information in order that it might instigate a solution to the problem involved;
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created a committee to be composed of ten members of the House to be appointed by the Speaker for the purpose of studying the possibility of providing ways and means whereby ad valorem taxes on motor vehicles could be paid at the time of purchase of license tags. The committee shall make comparative studies of the laws and administration thereof of this and other states relative to the subject. The committee is authorized to employ clerical help and fix the compensation therefor. The Office of Legislative Counsel shall assist the committee in the performance of its duties. The members of the committee shall receive the compensation, per diem, expenses and allowances authorized for interim legislative committees. The committee shall receive the above for not to exceed twenty days per member. The funds necessary to carry out the purposes herein 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 1962 session of the General As sembly on or before January 15, 1962, on which date the committee shall stand abolished.

HR 282. By Mr. Baughman of Early:
A RESOLUTION
Creating a Committee to study and investigate the circumstances causing the damage to the State Highway Building in Atlanta, Georgia; and for other purposes.
WHEREAS, the State Highway Department of Georgia has its principal offices located in a multi-million dollar building located on Capitol Square in Atlanta, Georgia; and
WHEREAS, excavations have been made adjacent to said building for the purpose of locating a portion of the expressway system in Atlanta, Georgia; and

SATURDAY, MARCH 4, 1961

1243

WHEREAS, because of said excavations, the said State Highway Building has "settled" and the "settling" of said building has caused structural damage to said building; and
WHEREAS, said building has been recently completed; and
WHEREAS, there is much anxiety as to whether or not the build ing is structurally sound and safe for the many people working in said building.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES of GEORGIA that there is hereby created a Committee consisting of five members to be appointed by the Speaker of the House of Representatives to study and investigate the exact damage done to said building, the exact cause of the damage to said building, the person or persons responsible for causing said damage, whether or not repairs can be made to said building to return it to its original structural soundness, the amount, if any, that said building has depreciated before and after the repairs of said damage, whether or not said building is safe for occupancy by the employees working therein, and such other studies or investigations that may be necessary in order to carry out the intent and provisions of this resolution.
BE IT FURTHER RESOLVED that said Committee shall have ten days per member for its functioning and that the members of said Committee shall receive the compensation, per diem, expenses and allowances authorized for members of interim legislative committees, and shall be paid from funds appropriated to or available to the legis lative branch of the government.

HR 283. By Mr. Walker of Lowndes:
A RESOLUTION
Creating a committee to study finances; and for other purposes.
WHEREAS, the State of Georgia has issued or authorized the issuance of various bonds for different purposes in excess of $400,000,000.00; and
WHEREAS, very few people, even in the State Government, know exactly how much the State owes; and
WHEREAS, only a very few members of the General Assembly realize how much money is being paid out of current State income for the payment of said bonds; and
WHEREAS, there is a possibility that such bonds can be re financed by the issuance of general obligation bonds at lower interest rates resulting in large savings to the taxpayers of this State; and
WHEREAS, such refinancing would help restore fiscal responsi bility by making known the exact amount of the State's indebtedness;
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created a committee to be composed of seven members of the House to be appointed by the Speaker. The committee shall study the fiscal affairs and indebtedness of the State and shall make comparisons thereof with other states. The com mittee shall study whether such refinancing is possible, practicable and

1244

JOURNAL OF THE HOUSE,

feasible. The committee shall seek ways and means of improving the financial administration of the State's affairs and a promotion of economy in State Government. The members of the committee shall receive the compensation, per diem, expenses and allowances authorized for members of interim legislative committees. In order to more effici ently perform its duties the committee is hereby authorized to employ clerical and technical help and to fix the compensation therefor. The committee is authorized to obtain material, supplies and equipment. All departments of the State and all officials and employees of the State are hereby directed to cooperate in every manner with the committee and make all records available to the committee. The committee shall make a report of its findings to the 1962 Session of the General Assem bly of Georgia on or before January 15, 1962, on which date the com mittee shall stand abolished. The funds necessary for carrying out the purposes of this resolution shall come from the funds appropriated to or available to the legislative branch of the government.

HE 284. By Messrs. Miller of Elbert, Dunn of Pike and Story of Gwinnett:
A RESOLUTION
Creating an interim committee to study matters pertaining to school busses; and for other purposes.
WHEREAS, an increasing emphasis is being placed upon the qualifications of school bus drivers, the manufacture and safety of school busses, and general operations regarding school busses, and the conditions under which they operate; and
WHEREAS, these matters are inherent and of interest to every citizen of the State of Georgia; and
WHEREAS, the safety of the children of the State of Georgia are dependent upon each of the aforesaid mentioned items and it is desir able that this State keep abreast of all matters pertaining thereto;
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created a committee com posed of the five (5) members of the Transportation Committee of the Education Committee of the House, to study the aforesaid items within and without this State. The committee shall operate for a period of ten (10) days per member and shall receive the compensation, per diem, expenses and allowances authorized by law for interim commit tees. Funds for the payment of such shall come from the amounts appropriated for the operation of the legislative branch of the gov ernment.

HR 285. By Messrs. Rodgers of Charlton and Black of Webster:
A RESOLUTION
Creating an interim committee to study the advisability of convey ing a certain tract of land located in Harris County and belonging to the State of Georgia; and for other purposes.
WHEREAS, HR 112 has been introduced at this Session of the Georgia General Assembly authorizing the conveyance of a valuable tract of land in excess of 5,000 acres belonging to the State of Georgia to the Ida Cason Galloway Foundation; and

SATURDAY, MARCH 4, 1961

1245

WHEREAS, the disposal by the State of Georgia of this large and valuable tract of land should not be hastily entered into.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OP REPRESENTATIVES that an interim committee to be composed of five (5) members of the House of Representatives be appointed by the Speaker thereof to investigate the advisability of disposing of that tract of land referred to in HR 112. The committee is hereby authorized to employ professional and secretarial help required in discharging the duties of the committee. The committee shall be entitled to receive compensation, per diem, expenses and allowances authorized for mem bers of interim legislative committees for a period not to exceed twenty (20) days per member. The funds necessary to carry out the provisions of this resolution shall come from the funds appropriated for and available to the legislative branch of government. The committee shall make a report of its findings and recommendations before the conven ing of the 1962 Session of the General Assembly.

Mr. Twitty of Mitchell moved that the House do now adjourn until 10:00 o'clock, Monday morning, March 6, 1961.

The motion prevailed and the Speaker announced the House adjourned until 10:00 o'clock, Monday morning, March 6, 1961.

1246

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia Monday, March 6, 1961

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

Prayer was offered by the Chaplain, Reverend J. Truett Gannon, Pastor, First Baptist Church, Eatonton, Georgia.

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

Mr. Black of Webster, Chairman of the Committee on Auditing, Enrolling,Engrossing and Journals reported that the Journal of the previous legislative day 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 uannimous 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 uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions.

The following report of the Committee on Rules was read and adopted:

Mr. Speaker:

Your Committee on Rules met and fixed the calendar for today's business, Monday, March 6, 1961, and submits the following:

1. SB

63. Collection of taxes, amend

2. SB

114. Sale of county-owned property

3. SB

92. Professional Service Act

4. SB

99. Investment Capital, promote industry

5. SB

10. State Officials, allowances

6. SB

64. Adoption laws, revise

7. SB

70. Procedure in certiorari proceedings

8. SB

24. Mixing of race in school

9. SB

162. Timing devices, regulate

MONDAY, MARCH 6, 1961

1247

10. SB

158. Radio Technicians, compensation

11. SB

51. State Department of Law, amend

12. SB

52. Old Age Assistance Act, amend

13. SB

57. Defensive pleadings, extend time

14. SB

58. Transact business, Ordinary

15. SB

151. Holding Bar Examinations

16. SB 117. Hospital Advisory Council

17. SB

84. Justice of Peace, fill vacancy

18. SB

12. Regulating sale of fire works

19. SB

90. Relating to powers of county police

20. SB

89. Adoption laws, amend

21. SB

38. Vocational Rehabilitation, physically impaired

22. SB

135. Designate Solicitor General

23. SB

5. Historical Commission, amend salary

24. SB

53. Juvenile Courts, amend

25. SB

55. Attachment cases, garnishment

26. SB

56. Relating to interrogatories

27. SB

60. Relating to attachment cases

28. SR

10. Peace Officers, subsistence allowance

29. SB

41. Chartering of corporations

30. SR

48. State Reorganization Committee

31. SB

76. Practice chiropractic, dentistry, etc.

32. SB

86. Real estate investment board, amend

33. SB

115. Department of Welfare, training schools

34. SB

34. Stability of survivor benefits

35. SB

36. Separate estate of wife, amend

36. SB

74. State Board of Health, amend

37. SB

119. Cooperative Associations, membership

38. SB

81. Members of Military, absentee voting

39. SB

7. Salary of Justices and Judges

40. HR 114-415. Motorboat numbering act, confirm

41. SR

47. Educational System Study

Respectfully submitted,

Twitty of Mitchell, Vice-Chairman Undercofler of Sumter, Secretary

1248

JOURNAL OF THE HOUSE,

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

HR 288-704. By Mr. Fowler of Douglas:
A Resolution proposing an amendment to the Constitution so as to provide that the compensation of elected officials shall not be changed during their terms of office; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 705. By Mr. Lovett of Laurens:
A Bill to be entitled an Act to amend an Act relating to the composition of the Budget Bureau, so as to provide that the State Treasurer and his successors in office shall be a member of the Budget Bureau; and for other purposes.
Referred to the Committee on State of Republic.

HB 706. By Mr. Budd of Lowndes:
A Bill to be entitled an Act to amend an Act completely and exhaus tively revising, superseding and consolidating the laws relating to the State Game and Fish Commission, so as to prohibit the manufacture or possession of certain traps which do not conform with the specifica tions of the State Game and Fish Commission; and for other purposes.
Referred to the Committee on Natural Resources.

Mr. Twitty of Mitchell County, Vice-Chairman of the Committee on Rules, submitted the following report:
Mr. Speaker:
Your Committee on Rules has had under consideration the following Bill and Resolutions of the House and Senate and has instructed me as Vice-Chair man, to report the same back to the House with the following recommendations:
SB 5. Do Pass.
HR 281. Do Pass as Amended.
HR 246. Do Pass as Amended.
HR 226. Do Pass.
Respectfully submitted,
Twitty of Mitchell, Vice-Chairman.

Mr. McCracken of Jefferson County, Chairman of the Committee on State of the Republic, submitted the following report:
Mr. Speaker:
Your Committee on State of the Republic, has had under consideration the

MONDAY, MARCH 6, 1961

1249

following Bill of the Senate and has instructed me as Chairman, to report the same back to the House with the following recommendation:
SB 161. Do Pass as Amended.
Respectfully submitted,
McCracken of Jefferson, Chairman.

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

HB 703. By Mr. Barber of Jackson:
A Bill to be entitled an Act to amend Code Section 32-1801, relating to protection of health by county and municipal boards, so as to provide for the giving of blood tests to students under certain conditions; and for other purposes.

HB 704. By Mr. Lanier of Candler:
A Bill to be entitled an Act to amend an Act regulating the distribu tion, sale, and use of liquefied petroleum gases; so as to provide for the selling of liquefied petroleum gas through the use of a metering device; and for other purposes.

HR 270-704. By Mr. Crowe of Bartow:
A Resolution to compensate Watkins C. White of Chatsworth, Georgia; and for other purposes.

HR 286-704. By Messrs. Duncan of Carroll and Waldrop of Carroll:
A Resolution to compensate Albert G. Alien for damages to his auto mobile received in a collision with a State Highway Department truck; and for other purposes.

HR 287-704. By Messrs. Duncan of Carroll and Waldrop of Carroll:
A Resolution to compensate Fred Dial for damages to his automobile caused by a State Highway Department Truck backing into it; and for other purposes.

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

SB 137. By Senator Braly of the 38th: A Bill to provide an expense allowance for the Assistant SolicitorGeneral of the Tallapoosa Judicial Circuit; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 115, nays 0.

1250

JOURNAL OP THE HOUSE,

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

SB 163. By Senator White of the 39th:
A Bill authorizing the governing authorities to establish Sewage dis trict in Cobb County, method of operating and maintaining same; and for other purposes.

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

On the passage of the Bill, the ayes were 115, nays 0.

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

SB 164. By Senator Mitchell of the 43rd:
A Bill to supplement the salary of the Judges of the Superior Courts in certain counties; and for other purposes.

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

On the passage of the Bill, the ayes were 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
SB 161. By Senator Brown of the 52nd:
A Bill to amend the Act relating to grants from state and local funds to school children; and for other purposes.
The following committee amendment was read and adopted:
The committee of the House on State of Republic moves to amend SB 161 as follows "by adding a new section to be numbered l(a) to read as follows: 'The provisions of this Act shall cease to be effective one year after the date of the approval thereof ". "and to amend the cap tion to conform to the Act as amended".

The report of the committee which was favorable to the passage of the Bill, as amended, was agreed to.
On the passage of the Bill, as amended, the ayes were 115, nays 0.
The Bill having received the requisite constitutional majority, was passed, as amended.
The following Bills of the House were taken up for the purpose of con sidering the Senate Amendments/Substitutes thereto:
HB 549. By Messrs. Andrews and Williams of Hall: A Bill to change the corporate limits of the City of Gainesville; and for other purposes.

MONDAY, MARCH 6, 1961

1251

The following Senate amendment was read:
The Senate Committee on County and Municipal Governments moves to amend HB 549 by striking the words and figures "two (2) mile" from Section 1, and by inserting in lieu thereof the words and figure "one (1) mile".

Mr. Williams of Hall 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 549 was agreed to.

HB 213. By Mr. Massee of Pulaski:
A Bill to change the corporate limits of the City of Hawkinsville; and for other purposes.
The following Senate amendments were read:
The Committee of the Senate on County and Municipal Govern ments moves to amend HB 213 as follows:
By adding a new paragraph to the end of Section 1 of said Bill to read as follows:
"That certain tract or parcel of land lying and being in Land Lot No. 271, 272 and 281 in the 12th District of Pulaski County, Georgia said tract lying west of the new south By-pass of U. S. Highway No. 341, and south of Town creek. Said tract bounded as follows: on the north by the run of Town Creek, on the west by the new south By-pass of U. S. Highway No. 341, on the south by the property of Dewey Home, Hennie Sewell and other property of B. D. Coley, and on the west by a fence separating the property herein conveyed from other property by B. D. Coley and Orchard Road Subdivision, as contained in Warranty Deed dated April 5, 1960 and recorded in Deed Book 55, Page 1 in the Office of the Clerk of the Superior Court of Pulaski County."
The Committee of the Senate on County and Municipal Governments moves to amend HB 213 as follows: By adding to the language quoted as Section 2(b) in Section 1 of said Bill, the following paragraphs:
"All of the lands of the Pulaski Development Company, Inc., situate, lying and being in Land Lots #384 and #393 in the 21st Land District of Pulaski County, Georgia, as boundary lines of the same existed on February 18, 1961, being all of the lands acquired by the Pulaski Development Company, Inc., under a deed recorded in Deed Book 37, Page 201, Pulaski County, Georgia, records, ex cepting the portions of said lands later conveyed by Pulaski De velopment Company, Inc., to the State Highway Department of Georgia, and to Pulaski County, Georgia; the tract hereby described being bounded on the north by lands of Pulaski County, Georgia, west by a County Road, east by a County Road and south by U. S. Highway #341.

1252

JOURNAL OP THE HOUSE,

"All that tract or parcel of land lying and being in Land Lots #384 and #393 of the 21st District of Pulaski County, Georgia, known as the Pulaski County Air Port property, as more particu larly described in a deed recorded in Deed Book 52, page 580, Pulaski County, Georgia, records, and bounded on the north and east by lands of R. H. Rush, and on the south and west by lands of Pulaski Development Company, Inc.; together with the existing County roads which lead into said property from U. S. Highway #341, and into the lands of Pulaski Development Company, Inc., from said Highway.
"All that tract or parcel of land in Lots #384 and #393 in the 21st District of Pulaski County, Georgia, comprising 5 acres more or less, and being the lands acquired by the State Highway De partment of Georgia from Pulaski Development Company, Inc.
"That tract containing 0.8 acre described as follows: COM MENCING at the southwest corner of the intersection of new U. S. Highway No. 129 and an alley, and from said point running south 53 degrees 40 minutes west, along the right of way of said high way, one hundred twenty-five (125) feet to a stake; thence north twenty-two (22) degree east one hundred ten (110) feet to said alley; thence south 65 degrees east sixty-six (66) feet to a point of commencement. Said tract being triangular in shape."
Mr. Massee of Pulaski moved that the House agree to the Senate amend ments.
On the motion to agi'ee, the ayes were 103, nays 0.

The Senate amendments to HB 213 were agreed to.

HB 104. By Messrs. Sangster of Dooly, Underwood of Montgomery and others:
A Bill to provide that it shall be unlawful to engage in races or contests of speed on the public highways of this State; and for other purposes.
The following Senate substitute was read:
A BILL
To be entitled an Act to amend an Act known as the Uniform Act Regulating Traffic on Highways, approved January 11, 1954 (Ga. Laws, 1953, Nov.-Dec. Sess., p. 556), as amended, particularly by an Act approved March 17, 1959 (Ga. Laws 1959, p. 303), so as to provide that it shall be unlawful for any person to operate a motor vehicle, motorcycle, motor-driven cycle or any other vehicle upon the public highways, roads, or streets of this State so as to race or otherwise engage in a contest of speed or to test the speed of such vehicle; to provide that it shall be unlawful for any, person to be a passenger or occupant in a motor vehicle, motorcycle, motor-driven cycle or any other vehicle which is engaged in a race or contest of speed upon the public highways, roads, or streets of this State or while such speed is being tested; to provide that it shall be unlawful for any person to aid or assist in any manner whatsoever in a race or contest of speed or to aid or assist in a test of speed involving any motor vehicle, motorcycle,

MONDAY, MARCH 6, 1961

1253

motor-driven cycle or any other vehicle upon the public highways, roads, or streets of this State; to provide the punishment for violations of this 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 Uniform Act Regulating Traffic on Highways approved January 11, 1954 (Ga. Laws 1953, Nov.-Dec. Sess., p. 556), as amended, particularly by an Act approved March 17, 1959, (Ga. Laws 1959, p. 303), is hereby amended by striking Subsec tion (e) of Section 48 and inserting in lieu thereof a new Subsection (e) which shall read as follows:
" (e) It shall be unlawful for any person except an officer in the performance of his duty, to wilfully operate a motor vehicle, motorcycle, motor-driven cycle or any other vehicle upon the pub lic highways, roads or streets of this State in such a manner so as to race or otherwise engage in a contest of speed with any other motor vehicle, motorcycle, motor-driven cycle, or vehicle, or to test the speeds of such motor vehicle, motorcycle, motor-driven cycle or other vehicle with any timing device or any other device used to test the speed of such vehicles. Any person violating the pro visions of this Subsection shall be guilty of a misdemeanor and upon conviction thereof, upon a plea of guilty or upon a plea of nolo contendere shall be punished as provided by law."
Section 2. Said bill is further amended by striking Subsection (e-1) of Section 48 in its entirety and inserting in lieu thereof a new Subsection to be known as Subsection (f) which shall read as follows:
"(f) It shall be unlawful for any person, except an officer in the performance of his duty, to be a passenger or occupant in a motor vehicle, motorcycle, motor-driven cycle, or other vehicle upon the public highways, roads and streets of this State that is engaged in a race or contest of speed with any other motor vehicle, motorcycle, motor-driven cycle or other vehicle, or while the speed of such motor vehicle, motorcycle, motor-driven cycle or vehicle is being tested upon the public highways, roads or streets of this State with any timing device or any other device used to test the speed of such vehicles. Any person violating the provisions of this Subsection shall be guilty of a misdemeanor and upon conviction thereof, upon a plea of guilty or a plea of nolo contendere shall be punished as provided by law."
Section 3. Said Act is further amended by adding a new Sub section to be known as Subsection (g) of Section 48 thereof which shall read as follows:
"(g) It shall be unlawful for any person to aid or assist in any manner whatsoever in a race or contest of speed involving any motor vehicle, motorcycle, motor-driven cycle or other vehicle upon the public highways, roads or streets of this State or to aid or assist in any way whatsoever in the test of speed of any motor vehicle, motorcycle, motor-driven cycle or vehicle upon the public highways, roads or streets of this State with any timing device or any other device used to test the speed of such vehicles. Any person violating the provisions of this Subsection shall be builty of a misdemeanor and upon conviction thereof, upon a plea of

1254

JOURNAL OF THE HOUSE,

guilty or a plea of nolo contendere shall be punished as provided by law."
Section 4. Said Act is further amended by adding a new Subsec tion to be known as Subsection (h) of Section 48 which shall read as follows:
" (h) The court shall, in addition to the other punishment prescribed in this Act, revoke the drivers license of any person who is convicted, or enters a plea of guilty for any of the offenses set forth in this Act for a period of not less than twelve months nor more than eighteen months for each offense, in the discretion of the trial judge, if such person has a drivers license and in the event the person does not have a drivers license, the court shall issue an order providing that said person shall not be eligible to apply for or receive a drivers license in the State of Georgia for a period of not less than twelve months nor more than eighteen months for each offense, in the discretion of the trial judge.
"It shall also be the duty of the court to inquire as to whether or not the defendant has a drivers license and, if so, the court shall require the defendant to deposit said license with the Clerk of the Court and said Clerk shall immediately forward the order of court and the license to the State Department of Public Safety. In the event the defendant does not have a drivers license, it shall be the duty of the Clerk of the Court to forward a copy of the order of court to the State Department of Public Safety and also notify the Department of Public Safety that the defendant did not have a drivers license.
"In the event a person forfeits a bond who is charged with any of the offenses which are prescribed in this Act, the judge or pre siding officer of such court forfeiting the bond shall instanter enter an ex parte order revoking the license of the person whose bond was forfeited for a period equal to the maximum sentence that such person could have received for the offense for which he was charged and said order shall further provide that in the event such person does not have a drivers license that said person shall not be eligible to apply for or receive a drivers license in the State of Georgia from the date of such order to the expiration of the time that said maximum sentence shall have expired. The Clerk of the Court wherein the bond was forfeited shall immediately transmit a copy of said order to the Department of Public Safety."
Section 5. It shall be the duty of the Department of Public Safety to keep a permanent and public record of all persons whose drivers license have been revoked pursuant to the terms of this Act or who have been denied the right to apply for or receive a drivers license pursuant to the terms of this Act notwithstanding the fact that the defendant may be a juvenile or a minor.
Section 6. The provisions of this Act shall be cumulative and the Department of Public Safety shall be authorized to revoke and suspend drivers licenses and to refuse to issue drivers license for longer periods of time other than as is provided in this Act, as may now or hereafter be provided by law.
Section 7. All laws and parts of laws in conflict with this Act are hereby repealed.

MONDAY, MARCH 6, 1961

1255

The Agricultural and Natural Resources Committee moves to amend HB 433 by:
1. Adding to Section 9 a new paragraph to be numbered (h) to read:
"(h) The Attorney General and the State Auditor as ex officio members of each Commission shall be entitled to vote on matters pertaining to the organization of each such Commission and upon the selection and nomination of the appointive members of each Commission. The two such ex officio members shall not be entitled to vote upon any matter pertaining to the policy provisions of the Agricultural Commodity nor shall they be entitled to vote upon the expenditure of any funds of the Commission.";
And by:
2. Striking paragraph (c) of Section 13 in its entirety and in lieu thereof inserting the following:
"(c) Any other provisions of this Act to the contrary notwith standing, no marketing order shall be issued concerning peanuts, cottonseed or soy beans, except as provided in subsection (a), paragraph (8), (11), and (12) of this Section. The provisions of subsection (b) of Section 13 shall not be applicable to peanuts, cottonseed or soy beans.";
And by:
3. Striking paragraph (5) of subsection (a) of Section 14 in its entirety and in lieu thereof inserting the following:
"(a) (5) Any referendum or assent in writing to a marketing order under the provisions of subsection (a), paragraph (8), (11), and (12) of Section 13 shall be held pursuant to the provisions of this Section and upon the approval thereof by two-thirds of those voting therein where the total vote cast thereon represents not less than 25% of those eligible to vote or where the total vote cast thereon represents not less than 25% of the total amount of the affected agricultural commodity, such marketing order may be declared by the Commission to be approved.";
And by:
4. Adding a new paragraph to Section 14, subsection (a), to be numbered paragraph (6), to read:
"(a) (6) In any referendum under the provisions of this sub section the Commission or Commissioner shall not be authorized to extend the referendum period beyond a period of ninety (90) days, and in the event of the failure of any proposed marketing order to be approved, no additional referendum, thereon shall be held during a period of twelve (12) months from the date of the close of the previous referendum period."
Mr. Sangster of Dooly moved that the House agree to the Senate substitute.
On the motion to agree, the ayes were 112, nays 0.
The Senate substitute to HB 104 was agreed to.

1256

JOURNAL OP THE HOUSE,

HB 433. By Messrs. Lanier of Candler, Matthews and Newton of Colquitt and others:
A Bill to be known as the "Georgia Agricultural Commodities Promo tion Act"; and for other purposes.

The following Senate amendments were read:
The Agricultural and Natural Resources Committee moves to amend HB 433 by:
1. Adding to Section 9 a new paragraph to be numbered (h) to read:
"(h) The Attorney General and the State Auditor as ex officio members of each Commission shall be entitled to vote on matters pertaining to the organization of each such Commission and upon the selection and nomination of the appointive members of each Commission. The two such ex officio members shall not be entitled to vote upon any matter pertaining to the policy provisions of the Agricultural Commodity nor shall they be entitled to vote upon the expenditure of any funds of the Commission.";
And by:
2. Striking paragraph (c) of Section 13 in its entirety and in liau thereof inserting the following:
"(c) Any other provisions of this Act to the contrary notwith standing, no marketing order shall be issued concerning peanuts, cottonseed or soy beans, except as provided in subsection (a), paragraphs (8), (11), and (12) of this Section. The provisions of subsection (b) of Section 13 shall not be applicable to peanuts, cot tonseed or soy beans.";
And by:
3. Striking paragraph (5) of subsection (a) of Section 14 in its entirety and in lieu thereof inserting the following:
"(a) (5) Any referendum or assent in writing to a marketing order under the provisions of subsection (a), paragraphs (8), (11), and (12) of Section 13 shall be held pursuant to the provisions of this Section and upon the approval thereof by two-thirds of those voting therein where the total vote cast thereon represents not less than 25% of those eligible to vote or where the total vote cast thereon represents not less than 25% of the total amount of the affected agricultural commodity, such marketing order may be declared by the Commission to be approved.";
And by:
4. Adding a new paragraph to Section 14, subsection (a), to be numbered paragraph (6), to read:
"(a) (6) In any referendum under the provisions of this sub section the Commission or Commissioner shall not be authorized to extend the referendum period beyond a period of ninety (90) days, and in the event of the failure of any proposed marketing order to be approved, no additional referendum thereon shall be

MONDAY, MARCH 6, 1961

1257

held during a period of twelve (12) months from the date of the close of the previous referendum period."

Mr. Lanier of Candler moved that the House agree to the Senate amend ments.

On the motion to agree, the ayes were 112, nays 0.

The Senate amendments to HB 433 were agreed to.

HB 238. By Messrs. Funk, Crawford and Dickey of Chatham:
A Bill amending the Act creating a Civil Service System for the County of Chatham; and for other purposes.
The following Senate amendment was read:
Senator Grayson of the 1st moves to amend HB 238 as follows:
By striking in the fifth line of Section 1 the words "the governing body of the Chatham County Civil Service Board" and inserting in lieu thereof the words "the Ordinary of Chatham County".
By striking the last paragraph of Section 1 which reads as follows:
"The Chatham County Civil Service Board shall then tabulate the votes cast in such referendum and record the same in their minutes or records. It is the purpose of this election merely to obtain the opinion of the members of the Civil Service System of Chatham County as to the necessity of maintaining such System and the results of this referendum shall have no force or effect." And by inserting in lieu thereof a new paragraph to read as follows:
The Ordinary shall then tabulate the votes cast in such referen dum, record the same in his records, and certify the same to the Board of County Commissioners of Chatham County. In the event a majority of the county employees voting in said election vote against the Civil Service System, this Act shall have no force or effect. In the event a majority of county employees voting in said election vote against the Civil Service System, then, in that event, the County Commissioners of Chatham County shall name four (4) members of the Board of County Commissioners ex-officio Judges of Chatham County and the county employees shall name four (4) members from their group and, together, the four members of the county commissioners and the four members of the employees' group shall undertake to study the present Civil Service System of Chat ham County and shall make recommendations to the members of the General Assembly from Chatham County and to the Senator from the 1st District to be enacted into law at the next session of the General Assembly, January, 1962.
Mr. Crawford of Chatham 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 238 was agreed to.

1258

JOURNAL OF THE HOUSE,

HB 211. By Messrs. Kidd and Chandler of Baldwin:
A Bill providing that the salaries of officials or employees of incor porated towns, cities, counties and the State of Georgia shall be exempt from garnishment for a certain amount; and for other purposes.
The following Senate Substitute was read:
A BILL
To be entitled an Act to amend Code Section 46-801, providing that the salary of officials or employees of an incorporated town, city, county or State government may be garnished, so as to provide that monies due officials or employees of any incorporated town or city, county or the State of Georgia, or any department, institution or public corporation thereof, as salary or wages for services performed for or on behalf of said town or city, county or the State of Georgia, or any department, institution or public corporation thereof, may be garnished; to amend Code Section 46-803, which defines salary, so as to provide a definition for the term "salary or wages"; to amend Section 46-804, which provides for garnishment only after final judgment, by adding a new subsection; so as to provide for certain exemptions; to repeal Code Section 46-805, which provides that the assent of the government official garnished shall be necessary to judgment; to repeal Code Sec tion 46-806, which provides how a check or warrant shall be drawn for money so condemned; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Code Section 46-801, providing that the salary of offi cials or employees of an incorporated town, city, county or State gov ernment may be garnished, is hereby amended by striking said Code Section in its entirety and inserting in lieu thereof a new Code Section 46-801, to read as follows:
"46-801. Money due officials or employees of an incorporated town or city, county or the State of Georgia, or any department, institution or public corporation thereof, as salary or wages for services performed for and on behalf of said incorporated town or city, county or the State of Georgia, or any department, institu tion or public corporation thereof may be garnished."
Section 2. Code Section 46-803, which defines salary, is hereby amended by striking said Code Section in its entirety and inserting in lieu thereof a new Code Section 46-803, to read as follows:
"46-803. The term "salary or wages" as herein used is not intended and does not include or cover (a) cost or charges of court, (b) fees, commissions, percentages or allowances of public officers, or (c) reductions required or authorized by the laws of the United States and the State of Georgia, including, but not limited to, deductions for State income taxes, Federal income taxes, Federal Old Age and Survivors Insurance (Social Security), hospital in surance, accident insurance, group life insurance, sums deducted from the salary or wages of employees who are members of the "Employees Retirement System of Georgia", as provided in an Act approved February 3, 1949 (Ga. Laws 1949, p. 138), or sums deducted from the salary or wages of employees for any other

MONDAY, MARCH 6, 1961

1259

pension or retirement fund, and such are not subject to writs of garnishment under the provisions of this Chapter or any other provisions of law."
Section 3. Code Section 46-804, which provides for garnishment only after final judgment, is hereby amended by adding to said Section a new Subsection to be known as Section 46-804.1, which shall read as follows:
"46-804.1. The money due officials or employees of an incor porated town or city, county or the State of Georgia, or any de partment, institution or public corporation thereof, which has been garnished, shall be exempt from the process and liabilities of garnishment on three ($3.00) dollars per day of their salary or wages and on fifty (50%) per cent of the excess thereof, whether in the hands of their employers or others."
Section 4. Code Section 46-805, which provides that the assent of the government official garnished shall be necessary to judgment, is hereby repealed in its entirety.
Section 5. Code Section 46-806, which provides how a check or warrant shall be drawn for money so condemned, is hereby repealed in its entirety.
Section 6. All laws and parts of laws in conflict with this Act are hereby repealed.

Mr. Kidd of Baldwin moved that the House agree to Senate substitute.

On the motion to agree, the ayes were 106, nays 0.

The Senate substitute to HB 211 was agreed to.

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:

SB 63. By Senator Smalley of the 26th:
A Bill to amend the Code so as to provide for payment of real property taxes by the owner or by any transferee; and for other purposes.

An amendment by Mr. Brooks of Fulton was read and lost.

r An amendment by Mr. Brooks of Fulton was read and lost.

Mr. Brooks of Fulton moved that further consideration of SB 63 be post poned until the Second Monday in January, 1962.

The motion to postpone was lost.

The report of the committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 109, nays 8.

1260

JOURNAL OF THE HOUSE,

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

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

HB 87. By Messrs. Crawford, Dickey and Funk of Chatham:
A Bill to provide for the appointment by the Ordinaries of the respec tive counties of the State of Georgia of a Special Bailiff with the approval of the County Commissioners of such counties; and for other purposes.

HB 272. By Messrs. Brooks, McClelland and Smith of Fulton:
A Bill for the protection of pension rights of county officers and em ployees of counties having a population of more than 500,000 who may be elected by the governing authorities of the largest city located in whole or in part therein; and for other purposes.

HB 381. By Mr. Brooks of Fulton:
A Bill to amend an Act to provide in Fulton County a system of pen sion and retirement pay to teachers and employees of the Board of Education of Fulton County and relating to the Federal 0.A.S.I. Pro gram; and for other purposes.

HB 622. By Mr. Moss of Gordon:
A Bill to amend an Act to change the tax millage limitation in Section 4 so as to authorize the Commissioner of Roads and Revenues of Gordon County to levy a tax not to exceed 3 mills; and for other purposes.
HB 623. By Mr. Moss of Gordon:
A Bill creating a new charter for the City of Calhoun, so as to extend the corporate limits of the City of Calhoun; and for other purposes.
HB 627. By Mr. Black of Webster:
A Bill to amend an Act creating the office of Commissioner of Roads and Revenue for the County of Webster; and for other purposes.
HB 631. By Messrs. Willingham, Teague and Wilson of Cobh:
A Bill to incorporate a community in Cobb County to be known as "Chattahoochee Plantation", to define, the name, style and corporate limits of said city; and for other purposes.
HB 632. By Messrs. Teague, Willingham and Wilson of Cobb:
A Bill to amend an Act incorporating the City of Marietta so as to allow the expenditure of monies derived from a street improvement bond issue for certain purposes; and for other purposes.

MONDAY, MARCH 6, 1961

1261

HB 635. By Messrs. Teague, Willingham and Wilson of Cobb:
A Bill to amend an Act relating to the abolition of the fee system in Cobb Gouty and the fixing of salaries for the Ordinary, sheriff, deputy sheriff and Clerk of the Superior Court; and for other purposes.

HB 636. By Messrs. Teague, Willingham and Wilson of Cobb:
A Bill to amend an Act providing for the establishment of Fire Pre vention Districts in Cobb County; and for other purposes.

HB 637. By Mr. Purcell of Franklin:
A Bill to repeal an Act relating to the amount of the bond of the Sheriff of Franklin County; and for other purposes.

HB 509. By Messrs. Brooks, Smith and McClelland of Fulton:
A Bill to amend an Act creating a new charter for the City of Atlanta; and for other purposes.

HB 638. By Messrs. Teague, Willingham and Wilson of Cobb:
A Bill to amend an Act creating the Cobb Judicial Circuit; and for other purposes.

HB 640. By Messrs. Fleming, Hull and Fuqua of Richmond:
A Bill to authorize certain counties to establish and maintain a law library for the use of Judges, solicitors and officers of the courts of said counties; and for other purposes.

HB 642. By Messrs. Smith of Whitfield and Boyett of Whitfield:
A Bill to amend an Act consolidating, amending, and codifying the various Acts incorporating the City of Dalton, so as to provide for the closing of Whitfield Street; the conveyance of said street to abutting property owners; and for other purposes.

HB 655. By Messrs. Lee and Blalock of Clayton:
A Bill to amend an Act to incorporate the Town of Forest Park; to prescribe its limits; to provide for the annexations to the limits of said City; and for other purposes.

HB 658. By Messrs. Adams and Moore of Polk:
A Bill to amend an Act incorporating the Town of Rockmart; to confer additional powers upon the corporate authorities; and for other pur poses.
HB 661. By Mr. Lanier of Candler:
A Bill to amend an Act creating a Board of Road and Revenue Com missioners in and for the County of Candler; to provide that said Board shall be required to have an annual inventory of all county property and equipment and an independent audit of county finances; and for other purposes.

1262

JOURNAL OP THE HOUSE,

HB 664. By Messrs. Fleming, Hull and Fuqua of Richmond:
A Bill to provide in certain counties for the fixing of the salaries of the Court Reporters and Special Bailiffs and secretaries to the Superior Court Judge or Judges; and for other purposes.

HB 666. By Mr. Strickland of Evans:
A Bill to grant a new charter to the City of Claxton in the County of Evans; and for other purposes.

HB 668. By Mr. Sheffield of Brooks:
A Bill to place the compensation of the Sheriff of Brooks County on a salary basis in lieu of a fee basis; and for other purposes.

HB 672. By Mr. Joiner of Washington:
A Bill to amend an Act relating to the incorporation of the City of Sandersville; and for other purposes.

HR 213. By Mr. Andrews of Stephens:
A Resolution to confirm and validate the emergency expenditure of funds by the Governor and the State Library to furnish certain law books to the Office of Judge of the Mountain Judicial Circuit; and for other purposes.

HR 231. By Mr. Ross of Lincoln:
A Resolution authorizing and directing the State Librarian to furnish certain law books for the Clerk of the Superior Court of Lincoln County; and for other purposes.

HB 166. By Messrs. Blalock of Clayton and Rutland of DeKalb:
A Bill to make it a misdemeanor to impersonate an auditor, agent or other representative of the State Revenue Commissioner or the Depart ment of Revenue or any unit or division thereof; and for other purposes.

HB 230. By Messrs. Willingham of Cobb, Pelham of Schley and others:
A Bill to repeal an Act creating the "Georgia Real Estate Investment Board" so as to abolish the Georgia Real Estate Investment Board; to provide that this shall not reinstate or recreate the "Georgia Indus trial Development Administration"; and for other purposes.

HB 432. By Mr. McClelland of Fulton:
A Bill to amend an Act prohibiting false wholesale advertising and misrepresenting the true nature of business; defining the term "whole sale" as used in the Act; prohibiting any person, firm, association, or corporation from misrepresenting true ownership of a business for the purpose of liquidation sale, auction sale, or other sale which represents that said firm is going out of business; and for other purposes.

MONDAY, MARCH 6, 1961

1263

HB 634. By Messrs. Teague, Willingham and Wilson of Cobb:
A Bill to amend an Act abolishing the office of the Tax Collector and Tax Receiver of Cobb County and consolidating the offices into the Office of Tax Commissioner of Cobb County; and for other purposes.

HB 639. By Messrs. Barrett of Cherokee, Barber of Jackson and others:
A Bill to amend an Act relating to the Game and Fish Commission and to game and fish, so as to authorize the purchase of certain vehicles; and for other purposes.

HR 176. By Mr. Jones of Liberty:
A Resolution authorizing the conveyance of certain land in Liberty County; and for other purposes.

HR 245. By Messrs. Mackay and Howard of DeKalb:
A Resolution relative to a plaque in memory of Alexander Harry Wray; and for other purposes.

HB 292. By Messrs. Twitty of Mitchell, Underwood of Montgomery and others:
A Bill to prescribe the procedure for the exercise of the power of eminent domain; and for other purposes.

The Senate has passed as amended by the requisite constitutional majority the following Bills of the House to wit:

HB 510. By Messrs. Brooks, Smith and McClelland of Fulton:
A Bill authorizing County Commissioners or other governing authori ties of counties having a population of more than 500,000 to create by appropriate resolution in the government of such counties Emeritus Offices for retired heads of departments of said county government; and for other purposes.

HB 395. By Messrs. Parker of Ware and Kimmons of Pierce:
A Bill to amend an Act known as the Free Text Book Act, so as to require the State Board of Education to extend the provisions of this Act to the Georgia Training School for Boys, Georgia Training School for Girls and Divisions and Branches thereof; and for other purposes.

The Senate has passed by the requisite constitutional majority the following Resolution of the Senate to wit:

SR 75. By Senators Knox of the 54th and Sanders of the 18th:
A Resolution creating a joint committee to study budget and financial administration; and for other purposes.

The Senate agrees to the House amendment to the following Bill of the Senate:

1264

JOURNAL OF THE HOUSE,

SB 104. By Senators Towson of the 16th and Gardner of the 47th:
A Bill to amend an Act regulating advertising, approved March 25, 1958 (Ga. Laws 1958, p. 411), so as to provide that no person, firm, corporation or association shall advertise in any manner which is untrue, deceptive or fraudulent; to repeal conflicting laws; and for other purposes.

The Senate agrees to House Substitute to the following Bill of the Senate:

SB 133. By Senator Grayson of the 1st:
A Bill amending an Act approved Feb. 8, 1937 (Ga. Laws 1937, pp. 2094, 2095) entitled "An Act to authorize the Board of Public Education for the City of Savannah and the County of Chatham, to adopt, estab lish and administer a system of pensions for old age and disabilities of its teachers and employees, and to contribute the necessary funds therefor from the public moneys committed to its charge"; and for other purposes.
The Senate agrees to House amendment to the following Bill of the Senate:

SB 116. By Senator Sanders of the 18th:
A Bill to amend an Act known as the "Aid to the Blind Act", approved Feb. 26, 1937 (Ga. L. 1937, p. 568), as amended, particularly by an Act approved Feb. 15, 1952, (Ga. L. 1952, p. 233), so as to increase eligibility income deductions; and for other purposes.
Mr. Smith of Fulton arose to a Point of Personal Privilege and addressed the House.
The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto:

HB 506. By Mr. Lovett of Laurens: A Bill to amend an Act so as to provide for the appointment of certain city officers for the City of Dublin; and for other purposes.
The following Senate amendment was read: Senator Towson of the 16th moves to amend HB 506, Section 3,
line 5 of the second paragraph of Section 3, by deleting therefrom the words "two-thirds (%)" and inserting in lieu thereof the word "majority".
Mr. Lovett of Laurens moved that the House disagree to the Senate amend ment.
The motion prevailed and the House disagreed to the Senate amendment to HB 506.
The following Resolution of the House was read and adopted:

MONDAY, MARCH 6, 1961

1265

HE 289. By Mr. Twitty of Mitchell:
A RESOLUTION
Relative to adjournment of the General Assembly; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA that the House and Senate adjourn sine die at 3:00 P.M. Monday, March 6, 1961.

The following Bills of the House were taken up for the purpose of con sidering the Senate amendments thereto:

HB 510. By Messrs. Brooks, Smith and McClelland of Fulton:
A Bill to create in the government of certain counties Emeritus Offices for retired heads of departments; and for other purposes.

The following Senate amendment was read:
Senator Charlie Brown of Pulton County moves to amend HB 510 which provides for emeritus offices for retired heads of departments of said county governments by adding at, the end of Section 2 of said Bill the following language:
"For the purpose of this Act, the Director of Public Welfare of such counties shall be deemed a County employee."
so that said Section as amended shall read as follows:
"Section 2. That the county commissioners or other govern ing authorities of all such counties shall have the power and authority to create by appropriate resolution emeritus offices for retired heads of departments of said county, subject to the condi tions hereinafter set forth. For the purpose of this Act, the Director of Public Welfare of such counties shall be deemed a county em ployee."

Mr. Brooks of Fulton moved that the House agree to the Senate amendment.

On the motion to agree, the ayes were 103, nays 0.

The Senate amendment to HB 150 was agreed to.

HB 395. By Messrs. Parker of Ware and Kimmons of Pierce:
A Bill to amend the Free Text Book Act so as to extend its provisions to the Georgia Training School for Boys and certain other schools; and for other purposes.
The following Senate amendment was read:
Senator Green of the 44th moves to amend HB 395 as follows:
By inserting in the title thereof after the words "Branches" and between the word "thereof" the words "and all of the schools for the deaf and blind which are operated by the State and all of the branches".

1266

JOURNAL OP THE HOUSE,

By adding to Section 1 of said Bill and within the last paragraph thereof between the word "Institution" and the words "as provided" the words "and all of the schools for the deaf and blind which are operated by the State and all of the branches thereof".

Mr. Parker of Ware 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 395 was agreed to.

Under the general 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 114. By Senator Grayson of the 1st:
A Bill to amend Code Section 91-804A pertaining to the sole of County owned property in counties where said property was granted or acquired prior to March 17, 1959; and for other purposes.

The report of the committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 1.

The Bill, having received the requisite constitutional majority was passed.
SB 99. By Senator Overby of the 33rd:
A Bill to promote the growth of industry in Georgia by permitting corporations to be relieved as to the amount of interest payable on monies borrowed in excess of $2,500.00 (Twenty Five Hundred Dol lars),; and for other purposes.
The report of the committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 106, nays 5.
The Bill, having received the requisite constitutional majority, was passed.
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 698. By Messrs. Story and Morgan of Gwinnett:
A Bill to incorporate the City of Suwanee; to provide a municipal government therefor; to define the name, style and corporate limits of said City; and for other purposes.

MONDAY, MARCH 6, 1961

1267

HB 390. By Messrs. Twitty of Mitchell and Smith of Emanuel:
A Bill to amend an Act establishing an employee's retirement system, so as to redefine retirement allowances; to limit prior service; to modify option provisions; and for other purposes.

The Senate has passed Substitute by the requisite constitutional majority the following Bill of the House to wit:

HB 617. By Messrs. Mackay, Howard and Rutland of DeKalb:
A Bill to amend an Act approved March 9, 1943, providing for the official court reporter for the Mountain Judicial Circuit, by providing increase in the salary of such official reporter; to increase fees for transcribing cases; and for other purposes.

Under the general order of business established by the Committee on Rules the following Bills and Resolution of the Senate were again taken up for con sideration :

SB 92. By Senators Jackson of the 24th and Whisnant of the 25th:
A Bill to be entitled an Act to be known as "The Georgia Professional Service and Association 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.:

Abney Adams Akins Andrews of Stephens Andrews of Hall Arnsdorff Barnett of Wilkes Barnett of Baker Birdsong Black Boggs Bolton Boyett Bozeman Brackin Brooks of Fulton Brown Busbee Bynum Carswell Chance Clarke of Monroe

Cloer

Cocke

Collins

Cox

Crawford

Crowe

Culpepper

Dickey

Dicus

Dorminy

Duncan of Fannin

Duncan of Carroll

Dunn

Fitzgerald

Fleming

Flexer

Floyd

Flynt

Fordham

Fowler of Douglas

Funk



Greene

Hall of Lee Harrell Hodges Hull Johnson Joiner Jones of Liberty Jones of Worth Jones of Lumpkin Jones of Sumter Jordan Keadle Keyton Killian Killingsworth Kirkland Knight of Berrien Lanier Lewis Loggins Lowrey Massee

1268

JOURNAL OF THE HOUSE,

Matthews of Colquitt McClelland McCracken McCutchen McDonald Melton Milhollin Mixon Moate Moore Morgan Morris NeSmith Newton Odom Otwell Pannell Paris Parker of Screven Parker of Ware
Payton

Pelham Phillips of Walton Phillips of Bibb Pickard Poole Potts Roberts Rodgers of Charlton Rogers of Paulding
Roper Ross Rowland Sangster Shuman Simmons Simpson Sinclair Smith of Grady Smith of Habersham Smith of Whitfield Steis

Stuckey Summers Tabb Taylor of Bibb Tucker Twitty Underwood of
Montgomery Waldrop Walker of Telfair Watson Wells of Peach Wells of Oconee Wells of Camden White Wickham Williams of Hall Willingham Young

Those voting in the negative were Messrs.:

Barber Bowen of Toombs Conner Davis Deen Dollar Echols Fowler of Treutlen

Henderson Horton Kelly Moorman Murphy Farmer Raulerson Smith of Brantley

Story Tamplin Taylor of Decatur Teague Todd Wilson Woodward

Those not voting were Messrs.:

Ballard Barrett Baughman Blalock Bowen of Randolph Branch Brooks of Oglethorpe Budd Caldwell Chandler Clark of Catoosa Coker Doster Fuqua Hale Hall of Floyd Hill Howard Hurst

Jernigan Kidd Kimmons King Knight of Laurens Lane Lee Lokey Lovett Mackay Matthews of Clarke McGarity Miller Moss Mullis Parker of Appling Phillips of Columbia Purcell Ray

Rutland Scarborough Scoggin Sheffield Singer Smith of Fulton Stevens Strickland Taylor of Dawson Thornton Undercofler Underwood of Taylor Vaughn Walker of Lowndes Ware Wilkes Williams of Coffee Mr. Speaker

On the passage of the Bill, the ayes were 126, nays 23.

MONDAY, MARCH 6, 1961

1269

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

SR 10. By Senator Sanders of the 18th:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide that certain compensation of peace officers shall be deemed to be a sub sistence allowance; 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 I of the Constitution is hereby amended by adding at the end thereof the following:
"The sum of five dollars ($5.00) per day of the compensation paid to each peace officer employed by the State of Georgia, or by any municipality, county or other political subdivision thereof, shall be deemed to be, and is hereby declared to be a subsistence allowance, and shall not be taxable as income."
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, 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 an amendment to the Constitution so as to provide that certain compensation of peace officers shall be deemed to be a subsistence allowance.
"Against ratification of an amendment to the Constitution so as to provide that certain compensation of peace officers shall be deemed to be a subsistence allowance."
All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification.
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as re turns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.

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

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

1270

JOURNAL OF THE HOUSE,

Those voting in the affirmative were Messrs.:

Adams Akins Andrews of Stephens Arnsdorff Ballard Barber Barnett of Wilkes Barnett of Baker Barrett Baughman Birdsong Black Blalock
Bolton Boyett Bozeman Brackin Brown Budd Busbee Bynum Caldwell Carswell Chance Chandler Clark of Catoosa Clarke of Monroe Cloer Cocke Collins Cox Crawford Crowe Culpepper Da vis Dickey Dollar Duncan of Fannin Duncan of Carroll Dunn Echols Fitzgerald Fleming Flexer Floyd Flynt Fordham Fowler of Douglas Funk Fuqua Greene Hale Hall of Lee

Hall of Floyd Harrell Henderson Hill Hodges Horton Hull Hurst Jernigan Johnson Joiner Jones of Liberty Jones of Worth Jones of Sumter Jordan Keadle Kelly Keyton Kidd Killian Killingsworth Kimmons King Kirkland Knight of Berrien Lanier Lee Lewis Loggins Lokey Lowrey Mackay Matthews of Clarke Matthews of Colquitt McCracken McCutchen McDonald Melton Milhollin Miller Mixon Moore Moate Moorman Morgan Morris Murphy Newton Odom Otwell Pannell Paris Parker of Screven Parker of Ware

Payton Pelham Phillips of Columbia Phillips of Walton Phillips of Bibb Poole Potts Raulerson Ray Roberts Rodgers of Charlton
Roper Ross Rowland Rutland Scarborough Shuman Simmons Simpson Sinclair Smith of Grady Smith of Brantley Smith of Habersham Smith of Whitfield
Steis Story Strickland
Stuckey Summers Tabb Taylor of Dawson Taylor of Decatur Teague Tucker Twitty Undercofler Underwood of
Montgomery Underwood of Taylor Vaughn Waldrop Walker of Lowndes Walker of Telfair Ware Wells of Peach Wells of Oconee Wells of Camden White Williams of Coffee Williams of Hall Willingham Wilson Woodward Young

MONDAY, MARCH 6, 1961

1271

Those not voting were Messrs.:

Abney Andrews of Hall Bowen of Randolph Bowen of Toombs Branch Brooks of Oglethorpe Brooks of Fulton Coker Conner Deen Dicus Dorminy Doster Fowler of Treutlen Howard

Jones of Lumpkin Knight of Laurens Lane Lovett Massee McClelland McGarity Moss Mullis NeSmith Parker of Appling Farmer Pickard Purcell Rogers of Paulding

Sangster Scoggin Sheffield Singer Smith of Fulton Stevens Tamplin Taylor of Bibb Thornton Todd Watson Wickham Wilkes Mr. Speaker

On the adoption of the Resolution, the ayes were 161, nays 0.

The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.

SB 10. By Senator Overby of the 33rd:
A Bill to amend the Code so as to change the compensation of the Com missioner of Labor; and for other purposes.
The following substitute, offered by the Committee on Industrial Relations, was read and adopted:
A BILL
To be entitled an Act to amend an Act entitled "An Act to Provide for the Establishment of the Department of Labor," approved March 25, 1937 (Georgia Laws 1937, p. 230 et. seq.), as amended (Chapter 54-1 Georgia Ann. Code), to provide for the compensation of the Commis sioner of Labor; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1
That the Act approved March 25, 1937, establishing the Depart ment of Labor of the State of Georgia, and as amended, with respect to the salary of the Commissioner of Labor be and the same is hereby amended by striking therefrom the provision relating to salary and by striking Section 54-105 Georgia Ann. Code in its entirety and inserting in lieu thereof a new Section 54-105 to read as follows:
"54-105. The Commissioner of Labor shall be compensated in the amount of twelve thousand ($12,000) dollars per annum, payable in semi monthly installments, with an additional amount of eight hundred ($800) dollars per annum for each four (4) years of service, figured at the be ginning of each such period of service, up to twenty (20) years, and an annual contingent expense allowance in the amount of two thousand four

1272

JOURNAL OF THE HOUSE,

hundred ($2400) dollars per annum, payable in semi-monthly install ments, in lieu of any and all travel expenses and expenses of purchasing a personal automobile for official use with the exception of actual trans portation expenses incurred while traveling by public carrier and the ex penses incurred at the legal mileage rate for the use of a personal auto mobile, except that the Commissioner of Labor shall in addition thereto be entitled to receive from and out of funds derived from a Federal grant to the State such necessary and actual expenses incurred by him while away from Atlanta in the performance of his duties as administrator of the Employment Security Law either within or without the State of Georgia; and provided that, in addition thereto, and notwithstanding any other provision of law, the compensation of the Commissioner of Labor shall be augmented from grants by the appropriate Federal Agency in such an amount as is determined by the Federal Agency to be commen surate with the duties imposed by the Employment Security Law, and which shall be considered compensation as salary provided by law.
SECTION 2
The compensation provided herein shall be full compensation of the Commissioner of Labor and shall suspend and remove said officer from the provisions of an Act approved March 12, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 613), as amended, relating to the compensation of certain State officers. It is the intent and purpose of this Act to provide the total com pensation of said officer under the provisions of this Act, any other pro vision of law to the contrary notwithstanding.
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 ayes were 112, nays 8.

The Bill, having received the requisite constitutional majority, was passed, by substitute.

His Excellency, Governor S. Ernest Vandiver, accompanied by his disting uished Committee of Escort, appeared upon the Floor of the House and delivered a brief address.

The following Bills of the House were taken up for the purpose of considering the Senate amendments thereto:

HB 390. By Messrs. Twitty of Mitchell and Smith of Emanuel:
A Bill to amend an Act establishing an employees' retirement system so as to redefine retirement allowances; and for other purposes.
The following Senate amendment was read:
Senator Miller of the 40th moves to amend HB 390 and the caption thereof is hereby amended by adding a new section to read as follows:

MONDAY, MARCH 6, 1961

1273

"Said Act as amended is further amended by adding to Section 3 thereof a new and additional sub-section numbered (8) to read as follows:
(8) (a) Any other provision of law to the contrary notwith standing, any member of the Teachers' Retirement System of Geor gia, who after the effective date of this Act becomes an employee of an agency subject to the provisions of this Act, shall retain his mem bership with that System. Provided, however, that upon written request by such member to the Board of Trustees of said System authorizing said Board to adjust his prior service credits in the same manner as those members of Division "A" of the Employees' Re tirement System, such member shall, upon certification from the Teachers' Board of Trustees to the Employees' Board of Trustees, be eligible for and become a member of Division "A" within the Employees' System. So long as such individual continues his mem bership in Division "A", his adjusted credits with the Teachers' System shall continue to be active and his accrued contributions under the Employees' System shall be transferred at least annually, or upon request of the Teachers' System, to and become a part of the records of said System. Such individual shall accrue no credits or benefits provided for under this Act except to increase his credits with the Teachers' System.
"(b) Any former member of the Teachers' System who on or after October 1,1959 and prior to the passage of this Act transferred his membership to the Employees' System shall upon his request, have his prior service credits adjusted in the same manner as those members of Division "A" of said System and thereupon become a member of Division "A", Employees' Social Security Coverage Group."

Mr. McCutchen of Gilmer moved that the House agree to the Senate amend ment.

On the motion to agree, the ayes were 113, nays 0.

The Senate amendment to HB 390 was agreed to.

HB 698. By Messrs. Story and Morgan of Gwinnett: A Bill to incorporate the City of Suwanee; and for other purposes.
The following Senate amendment was read: The Senate Committee on County and Municipal Governments moves
to amend HB 698 as follows: By striking the word "electric distribution" from the title. By striking the words "electric lights" from Section 3. By striking the words "electric systems" and "and lights" from sec
tion 26. By striking the words "electric lights, electric energy or power"
from Section 53.

1274

JOURNAL OF THE HOUSE,

Mr. Story of Gwinnett moves that the House agree to the Senate amendment. On the motion to agree, the ayes were 110, nays 0. The Senate amendment to HB 698 was agreed to.

Under the order of business established by the Committee on Rules, the fol lowing Resolution and Bill of the House and Senate were taken up for considera tion and read the third time:

HR 144-415. By Mr. Twitty of Mitchell:
A Resolution confirming rules and regulations promulgated by the State Game and Pish Commission pursuant to the "Georgia Motorboat Num bering Act"; and for other purposes.

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

On the adoption of the Resolution, the ayes were 113, nays 0.

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

SB 64. By Senator Smalley of the 26th:
A Bill to amend an Act revising the adoption laws of Georgia so as to provide for the rights existing between an adopted child and the child's natural mother or father who is the spouse of the adopting person; and for other purposes.

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

On the passage of the Bill, the ayes were 104, nays 0.

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

The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto:

HB 617. By Messrs. Mackay, Howard and Rutland of DeKalb:
A Bill to change the compensation of the official court reporter for Stone Mountain Judicial Circuit; and for other purposes.

The following substitute, offered by the Senate Committee on Judiciary, was read:
A BILL
To be entitled an Act to amend an Act approved March 9, 1943 (Ga. Laws 1943, p. 1143), as amended, particularly by the Act approved March 8, 1957 (Ga. Laws 1957, p. 315), providing a salary for the official

MONDAY, MARCH 6, 1961

1275

court reporter for the Stone Mountain Judicial Circuit, by providing for an increase in the salary of such official court reporter; to repeal con flicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1
Section 1 of the Act approved March 9, 1943 (Ga. Laws 1943, p. 1143), as amended, particularly by an Act approved March 8, 1957 (Ga. Laws 1957, p. 315), providing for salary and fees for the official court reporter for the Stone Mountain Judicial Circuit is1 hereby amended by striking the figures "$5,000.00" and by substituting in lieu thereof "$6,000.00", so that said Section when so amended shall read as follows:
"Section 1. Prom and after the passage of this Act, the official court reporter of the Stone Mountain Judicial Circuit shall be paid a salary of $6,000.00 per annum, which salary shall be paid monthly on the first day of each month."
SECTION 2
Notice of the intention to apply for the passage of this Bill has been published in the newspapers in which the sheriff advertisements are published in each of the counties comprising said judicial circuit, namely, DeKalb New Era, The Covington News, and the Rockdale Citizen, once a week for three weeks during a period of sixty days immediately pre ceding its introduction in the General Assembly. Attached hereto and made a part of this Bill is a copy of said notice accompanied by an affi davit of the author to the effect that said notice has been published as provided by law.
SECTION 3
Be it further enacted by the authority aforesaid that all laws or parts of laws in conflict herewith be and the same are hereby repealed.

Mr. Rutland of DeKalb moved that the House agree to the Senate substitute.

On the motion to agree, the ayes were 110, nays 0.

The Senate substitute to HB 617 was agreed to.

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 70. By Senator Gardner of the 47th:
A Bill to clarify the procedure in certiorari proceedings to that prevail ing in ordinary civil cases as to appearance 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 106, nays 2.

1276

JOURNAL OP THE HOUSE,

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

SB 34. By Senators Sanders of the 18th and Grayson of the 1st:
A Bill to amend an Act so as to provide for the stability of survivor bene fits under the State Employees' Retirement System; and for other pur poses.

The following Committee amendment was read and adopted:
The Committee on State of Republic moves to amend SB 34 as fol lows:
1. By adding after Section 2 of said Bill a new section to be known as Section 3 to read as follows:
"Section 3. Said Act is further amended by adding a new Subsection to Section 17 to be known as Subsection (8) to read as follows:
'(8) Any other provisions of this Act or of any rules or regula tions to the contrary notwithstanding, any member who withdraws from service prior to attaining age 60 but whose right to a service retirement allowance has vested under Paragraph 10 of Section 5 of this Act, may continue paying the amount provided under this Sec tion which he was paying at the time of his withdrawal from service, together with the amount of the employer contribution in effect at the time of his withdrawal, and the benefits provided for under this Section shall remain fixed at the same amount as they would have been had he died on the day immediately preceding his withdrawal. The Board is hereby authorized to promulgate rules and regulations to cover the foregoing.'"
2. And by renumbering Section 3 of said Bill as Section 4.

The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to.

On the passage of the Bill, as amended, the ayes were 104, nays 0.

The Bill, having received the requisite constitutional majority, was passed, as amended.
SB 117. By Senator Sanders of the 18th:
A Bill to increase the membership of the Hospital Advisory Council for Construction, Licensure and Indigent Care, approved March 17, 1960; and for other purposes.

The report 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.

MONDAY, MARCH 6, 1961

1277

SB 115. By Senator Sanders of the 18th:
A Bill to authorize the State Departments of Public Welfare to establish divisions or branches of the state training schools now or hereafter placed under its jurisdiction; and for other purposes.

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

On the passage of the Bill, the ayes were 109, nays 1.

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

SB 24. By Senator Conger of the 8th:
A Bill providing that no child shall be forced to attend school with a child of another race; and for other purposes.

Mr. Pannell of Murray moved that further consideration of the Bill be post poned until the third Monday in January, 1962.

On the motion to postpone, the ayes were 63, nays 58.

The motion prevailed and SB 24 was postponed until the third Monday in January, 1962.

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 591. By Mr. Kimmons of Pierce:
To amend an Act relating to fishing on the Sabbath, so as to provide that it shall only be unlawful to engage in commercial fishing on the Sabbath; and for other purposes.

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

AFTERNOON SESSION
The Speaker called the House to order.
The following Bill of the House was taken up for the purpose of considering the Senate amendments thereto:
HB 591. By Mr. Kimmons of Pierce: A Bill to amend an Act so as to provide that it shall only be unlawful to engage in commercial fishing on the Sabbath; and for other purposes.

1278

JOURNAL OP THE HOUSE,

The following Senate amendments were read:
Senator Ponsell of the 5th moves to amend HB 591 as follows:
By adding in the title before the words "to repeal conflicting laws" the words "to except certain counties."
By adding a new Section to be known as Section 1A to read as fol lows:
"Section 1A. This Act shall not become effective in and shall not apply to any county in this State having a population of not less than 6,515 and not more than 6,650 according to the United States Census of 1960 or any future such census."
Senator DeLoach of the 6th moves to amend HB 591 as follows:
By adding in the title before the words "to repeal conflicting laws" the words "to except certain counties."
By adding a new Section to be known as Section 1A to read as fol lows:
"Section 1A. This Act shall not become effective in and shall not apply to any county in this State having a population of less than 2,400 according to the United States Census of 1960 or any future such census."

Mr. Kimmons of Pierce moved that the House agree to the Senate amend ments.

On the motion to agree, the ayes were 107, nays 0.

The Senate amendments to HB 591 were agreed to.

The Speaker ordered an Attendance Roll Call and the following members answered to their names:

Adams Aldns Andrews of Hall Arnsdorff Ballard Barrett Baughman Birdsong Black Blalock Boyett Bozeman Brackin Brooks of Oglethorpe Brooks of Fulton Brown Budd Bynum
Caldwell

Carswell Chance Chandler Clark of Catoosa Clarke of Monroe Cloer Collins Cox Crawford Culpepper Davis Been Dickey Dicus Dollar Dorminy Duncan of Fannin Duncan of Carroll
Dunn

Fitzgerald Fleming Flexer Floyd Flynt Fordham Fowler of Douglas Fowler of Treutlen Funk Hall of Lee Hall of Floyd Harrell Henderson Hill Hodges Hull Joiner Jones of Liberty
Jones of Lumpkin

MONDAY, MARCH 6, 1961

1279

Jones of Sumter Jordan Keyton Kidd Killian Killingsworth Kimmons Knight of Laurens Lane Lanier Lee Lewis Loggins Lovett Lowrey Matthews of Clarke Matthews of Colquitt McClelland McCracken McCutchen McGarity Milhollin Mixon Moate Moore Moorman Murphy NeSmith

Newton Otwell Pannell Paris Parker of Ware Payton Pelham Phillips of Columbia Phillips of Walton Pickard Poole Potts Raulerson Ray Roberts Sangster Scoggin Sheffield Shuman Sinclair Smith of Grady Smith of Brantley Smith of Fulton Smith of Habersham Smith of Whitfield
Steis Stevens Strickland

Summers Tabb Tamplin Taylor of Dawson Taylor of Decatur Taylor of Bibb Thornton Tucker Twitty Underwood of
Montgomery Underwood of Taylor Vaughn Waldrop Walker of Lowndes Walker of Telfair Ware Watson Wells of Peach Wells of Oconee Wells of Camden Wickham Wilkes Williams of Coffee Williams of Hall Woodward Young

The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has receded from its position in amending the following Bill of the House:

HB 506. By Mr. Lovett of Laurens:
A Bill to amend an Act creating a new charter for the City of Dublin, so as to provide for the appointment of certain city officers; and for other purposes.

The Senate has moved to stay in session until the House of Representatives acts on the following Bill of the Senate:

SB 12. By Senators White of the 39th, Miller of the 40th, and others:
A Bill to provide that it shall be unlawful to manufacture, purchase, sell, deal in, transport, possess, receive, advertise, use or cause to be dis charged any pyrotechnics, with certain exceptions; and for other pur poses

Mr. Killian of Glynn arose on a Point of Personal Privilege and addressed the House.

1280

JOURNAL OF THE HOUSE,

Mr. Killian of Glynn moved that the Rules Committee Calendar for today be amended by adding the following Bill of the Senate:
SB 12. By Senators White of the 39th, Miller of the 40th, and others: A Bill to provide that it shall be unlawful to deal in any way with pyro technics, with certain exceptions: and for other purposes.
On the motion to amend the Calendar, the ayes were 22, nays 84.
The motion to amend the Calendar by adding SB 12 was lost.
Under the order of business established by the Committee on Rules, the fol lowing Bill of the Senate was taken up for consideration and read the third time:
SB 162. By Senators Long of the 3rd and Raynor of the 4th: A Bill to provide that no law enforcement officers except the Georgia State Highway Patrol shall be allowed the use of timing devices on high ways and roads in Georgia; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 112, nays 0.

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

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 691. By Messrs. Brooks, McClelland and Smith of Fulton:
A Bill to amend an Act creating the office of judge of the Superior Courts Emeritus, so as to modify the service qualifications for appoint ment to the office of Judge of the Superior Courts Emeritus; and for other purposes.

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 158. By Senator Knox of the 54th:
A Bill to amend an Act so as to provide the compensation of radio tech nicians of the Department of Public Safety; and for other purposes.

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

MONDAY, MARCH 6, 1961

1281

On the passage of the Bill, the ayes were 103, nays1 0.

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

SB 51. By Senators Sanders of the 18th and Claxton of the 21st:
A Bill to amend an Act reorganizing the State Department of Law; and for other purposes.

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

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

Those voting in the affirmative were Messrs.:

Adams Akins Andrews of Hall Barber Barnett of Baker Black Bolton Bowen of Randolph Brooks of Oglethorpe
Brown Busbee Caldwell Chance Chandler Cloer Cocke Cox Crawford Crowe Deen Dickey Dollar Duncan of Fannin Dunn Echols Fitzgerald Flexer Floyd Greene Hall of Lee

Hall of Floyd Howard Jernigan Joiner Jones of Liberty Jones of Worth Jones of Lumpkin Jones of Sumter Keadle Kidd Killingsworth Kimmons Lanier Lewis Loggins Lowrey Mackay Matthews of Colquitt McClelland McCracken McCutchen McGarity Moore NeSmith Newton Odom Otwell Pannell Paris Parker of Appling

Paytoh Phillips of Columbia Phillips of Walton Poole Potts Purcell Ray Ross Rowland Scarborough Scoggin Sheffield Sinclair Smith of Grady Smith of Whitfield Steis Tabb Teague Twitty Undercofler Underwood of Taylor Vaughn Walker of Telfair Ware Wells of Peach Willingham Wilson Woodward

Those voting in the negative were Messrs.:

Abney Arnsdorff Barnett of Wilkes Barrett Baughman Bowen of Toombs

Brackin Brooks of Fulton Budd Bynum Clark of Catoosa Culpepper

Fleming Fowler of Treutlen Funk Harrell Henderson Hill

1282

JOURNAL OP THE HOUSE,

Horton Hull Johnson Jordan Kelly Knight of Laurens Lovett Milhollin Moate Moorman Morgan Morris

Moss Murphy Parker of Screven Parker of Ware Pelham Phillips of Bibb Raulerson Roberts Rodgers of Charlton Rogers of Paulding Simmons Smith of Habersham

Stevens
Story Summers Taylor of Decatur Taylor of Bibb Thornton Tucker Watson Wickham Williams of Coffee Williams of Hall

Those not voting were Messrs.:

Andrews of Stephens Ballard Birdsong Blalock Boggs Boyett Bozeman
Branch Carswell Clarke of Monroe Coker Collins Conner Davis Dicus Dorminy Doster Duncan of Carroll Flynt Fordham Fowler of Douglas Fuqua

Hale Hodges Hurst Keyton Killian King Kirk! and Knight of Berrien Lane Lee Lokey Massee Matthews of Clarke McDonald Melton Miller Mixon Mullis Farmer Pickard Roper Rutland

Sangster Shuman Simpson Singer Smith of Brantley Smith of Fulton Strickland Stuckey Tamplin Taylor of Dawson Todd Underwood of
Montgomery Waldrop Walker of Lowndes Wells of Oconee Wells of Camden White Wilkes Young Mr. Speaker

On the passage of the Bill, the ayes were 88, nays 53.

The Bill, having failed to receive the requisite constitutional majority, was lost.
Mr. Lanier of Candler gave notice that at the proper time he would move that the House reconsider its action in failing to pass SB 51.
The Speaker introduced Honorable Cliff Dowsky, Air Force Public Relations, and Lieutenant General Bill Hall, Continental Air Command; both of whom de livered brief addresses to the House.
Mr. McCutchen of Gilmer asked unanimous consent that the Clerk be directed to correct a typographical error appearing in the following Bill of the House:
HB 390. By Messrs. Twitty of Mitchell and Smith of Emanuel:
A Bill to amend an Act establishing an "Employees' Retirement System" so as to redefine retirement allowances; and for other purposes.

MONDAY, MARCH 6, 1961

1283

The consent was granted and the Clerk was directed to correct a typographical error appearing in HB 390.

The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto:

HB 691. By Messrs. Brooks, McClelland and Smith of Fulton: A Bill to amend an Act so as to modify the service qualifications for appointment to the office of Judge of the Superior Courts Emeritus; and for other purposes.
The following Senate amendment was read: Earl Staples of the 37th moves to amend HB 691 as follows: By striking the words "and an Act approved February ._.., 1961 (Ga.
Laws 1961, Act No. ._....)" as they appear in the title and in Section 1 of said Bill and substituting in lieu thereof the following:
"and an Act approved March 6, 1961 (Ga. Laws 1961, Act No. 46)."
Mr. Brooks of Fulton moved that the House agree to the Senate amendment.
An the motion to agree, the ayes were 109, nays 0.
The Senate amendment to HB 691 was agreed to.
The following Resolution of the House was read and adopted:

HR 290. By Messrs. Andrews of Hall, Thornton of Bibb, and others:
A RESOLUTION
WHEREAS, the State of Georgia has, from her House of Represen tatives, drawn men of strength, Christian character and integrity to lead in times of crisis; and,
WHEREAS, in these times of trial and inflationary pressures the people of Georgia once again turned to their elected Representatives to lead them from the chaos of financial instability to a sound fiscal econ omy; and,
WHEREAS, in answer to the financial anguish of all Georgians, there arose from the membership of the House of Representatives of Georgia, a man, small in stature but a giant of integrity, the Honorable Jack B. Ray; and,
WHEREAS, this esteemed Gentleman from Warren County, Geor gia, realizing that our fiscal ship of State needed the firm hand of a master navigator, agreed to accept the Chairmanship of the Appropria tions Committee of the Georgia House of Representatives; and,
WHEREAS, this diminutive genius, in the face of overwhelming odds and determined opposition, presided over all the meetings of said Appropriations Committee, with strength of Christian character, nobil-

1284

JOURNAL OP THE HOUSE,

ity of purpose, fairness and impartiality of a saint, and determination fed with the knowledge of righteousness,
NOW, THEREFORE, BE IT RESOLVED that this House of Rep resentatives publicly issue to the Honorable Jack B. Ray, of Warren County, Georgia, our personal gratitude for his masterful service, and our pride in his exemplification of those qualities demanded in each of us, of which he is so richly endowed.
Mr. Lovett of Laurens moved that the House reconsider its action in failing to pass the following Bill of the Senate:
SB 51. By Senators Sanders of the 18th and Claxton of the 21st: A Bill to amend an Act reorganizing the State Department of Law; and for other purposes.
The motion prevailed and the House reconsidered its action in failing to pass SB 51, and SB 51 was again taken up for consideration.
The report 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 8.
The Bill, having received the requisite constitutional majority, was passed.
Under the order of business established by the Committee on Rules, the fol lowing Bill of the Senate was taken up for consideration and read the third time:

SB 38. By Senators Jackson of the 24th, Sanders of the 18th and Knox of the 54th:
A Bill to amend an Act so as to provide that the Director of Vocational Rehabilitation shall administer the provisions of Section 221 of the Social Security Act; and for other purposes.

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

On the passage of the Bill, the ayes were 113, nays 0.

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

The following Resolution of the Senate was read and adopted:

SR 75. By Senators Knox of the 54th and Sanders of the 18th: A Resolution creating a joint committee to study budget and financial administration; and for other purposes.
The following Resolution of the House was read:

MONDAY, MARCH 6, 1961

1285

HR 291. By Messrs. Barber of Jackson and Payton of Coweta:
A RESOLUTION
WHEREAS, the General Assembly has through its Appropriations Committee made a diligent search for funds to raise teachers' salaries, carefully reviewing the appropriations bill for the purpose of reducing or eliminating any excessive or unnecessary expenditure; and
WHEREAS, through this procedure we have been able to find only enough money to provide a $300 raise for teachers; and
WHEREAS, the State of Georgia is already investing 53% of its total revenue in public education; and
WHEREAS, we must hold our good teachers, stop the present exo dus of thousands of them away from Georgia classrooms each year, and attract young people into the profession if we are to educate our Georgia children and sustain the progress our schools have made in the past decade; and
WHEREAS, the teachers of this State are an important factor in Georgia life and make a valuable contribution to the State's economy; and
WHEREAS, we recognize the urgent need of increasing teacher salaries in Georgia to at least the national average;
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the House of Representatives endorse in creased federal support for public education, provided that such funds be received and expended by the Georgia State Board of Education as state funds.
BE IT FURTHER RESOLVED, that in the event Congress does provide this increase in federal funds for teacher salaries and/or build ings, the State Board of Education be directed to give priority to teacher raises.
BE IT FURTHER RESOLVED, that a copy of this Resolution be sent to each member of the Georgia delegation in Congress, to the presi dent and secretary of the Georgia Education Association, and to the State Superintendent of Schools.
The following substitute to HR 291, offered by Mr. Clarke of Monroe, was read:
A RESOLUTION
Urging the Federal Government to relinquish tax sources to the States.
WHEREAS, the House of Representatives of the General Assembly of Georgia deeply feels the need for increased expenditures in order to further the proper education of not only the present but also the future generations of Georgians; and
WHEREAS, this House of Representatives is cognizant of the fact that the revenue sources available to the State of Georgia have almost been exhausted in order to furnish the people of Georgia minimal, needed public services; and

1286

JOURNAL OF THE HOUSE,

WHEREAS, this House of Representatives is keenly aware that in order to insure the proper education of the children of Georgia that it will be increasingly necessary to turn to the Federal Government for funds; and
WHEREAS, it is self evident that funds granted by the Federal Government to the States for use in public services, such as education or welfare, are shackled with onerous conditions that tend to destroy the separate government integrity of the individual States composing this Union; and
WHEREAS, the present administration in Washington professes to be interested solely in furthering the progress of education when Fed eral Aid to education is discussed and further professes that it is not interested in the destruction of State governments as functional entities; and
WHEREAS, the States themselves would welcome the opportunity to perform and provide through their own governments necessary public services, particularly those related to such an important area as edu cation; and
WHEREAS, in order to perform such necessarily State public serv ices, the States must have access to revenue of their own;
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF THE GENERAL ASSEMBLY OF GEORGIA that the present administration in Washington, and the Representatives of the people of this State in Congress, exert their influence in order that appropriate legislation be enacted for the purpose of relinquishing some portion of those tax sources now used by the Federal Government to the individual States in order to enable them to perform those duties that are inherently State action.

On the adoption of the substitute, Mr. Clarke of Monroe moved the ayes and nays and the motion prevailed.

On the adoption of the substitute, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Ballard Baughman Bolton Bowen of Randolph Brown Budd Busbee Bynum Carswell Chance Clarke of Monroe Cloer Collins Conner Deen

Dickey Dicus Doster Dunn Fleming Floyd Flynt Hill Hodges Hull Jones of Worth Jones of Lumpkin Keyton Kimmons Knight of Laurens

Lane Massee
Matthews of Colquitt McCracken McGarity Milhollin Mixon Morgan Morris Murphy Paris Parker of Ware Parker of Appling Farmer Phillips of Columbia

MONDAY, MARCH 6, 1961

Phillips of Walton Phillips of Bibb Pickard Raulerson Ray Sheffield

Shuman Steis Stevens Summers Tamplin Todd

Those voting in the negative were Messrs.:

Adams Akins Andrews of Stephens Andrews of Hall
Arnsdorff Barber Barnett of Wilkes Birdsong Black Bowen of Toombs Boyett Brooks of Fulton Caldwell Chandler Clark of Catoosa Cocke Crawford Crowe Dollar Duncan of Carroll Fitzgerald Fowler of Treutlen Greene Hall of Lee Hall of Floyd Henderson

Howard Jernigan Joiner Jones of Sumter Kidd Killian Lewis Loggins Lowrey Mackay Matthews of Clarke McClelland McCutchen McDonald Moore Moss NeSmith Odom Otwell Pannell Payton Poole Potts Purcell Roberts Rogers of Paulding

Those not voting were Messrs.:

Abney Barnett of Baker Barrett Blalock
Bozeman Brackin Branch Brooks of Oglethorpe Coker Cox Culpepper Davis Dorminy Duncan of Fannin Echols Flexer Fordham

Fowler of Douglas Funk Fuqua Hale Harrell Horton Hurst Johnson Jones of Liberty Jordan Keadle Kelly Killingsworth King Kirkland Knight of Berrien Lanier Lee

1287
Underwood of Montgomery
Underwood of Taylor Woodward
Roper Ross Rowland Rutland Scoggin Simmons Simpson Sinclair Smith of Grady Smith of Habersham Story Taylor of Decatur Taylor of Bibb Teague Thornton Tucker Undercofler Vaughn Waldrop Walker of Lowndes Watson Wells of Peach Williams of Hall Wilson Young
Lokey Lovett Melton Miller Moate Moorman Mullis Newton Parker of Screven Pelham Rodgers of Charlton Sangster Scarborough Singer Smith of Brantley Smith of Fulton Smith of Whitfield Strickland

1288

JOURNAL OF THE HOUSE,

Stuckey Tabb Taylor of Dawson
Twitty Walker of Telfair

Ware Wells of Oconee Wells of Camden White Wickham

Wilkes Williams of Coffee Willingham Mr. Speaker

On the adoption of the substitute, the ayes were 60, nays 77.

The substitute to HR 291 was1 lost.

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 Akins Andrews of Stephens Andrews of Hall Arnsdorff Ballard Barber Barnett of Wilkes Baughman Birdsong Black Bowen of Toombs Boyett Brooks of Fulton Budd Bynum Caldwell Chance Chandler Clark of Catoosa Cloer Cocke Crowe Davis Dollar Duncan of Carroll Echols Fitzgerald Floyd Flynt Fordham Fowler of Treutlen Greene

Hall of Lee Hall of Floyd Harrell Henderson Howard Jernigan Joiner Keadle Kidd Killian Kimmons Knight of Laurens Lee Loggins Lowrey Mackay Massee Matthews of Clarke McClelland McCutchen McDonald Mixon Moore Morgan NeSmith Odom Otwell Pannell Parker of Appling Payton Phillips of Bibb Poole Potts

Purcell Roberts Rogers of Paulding Roper Ross Rowland Rutland Sangster Scoggin Sheffield Shuman Simmons Simpson Sinclair Smith of Grady Smith of Fulton Smith of Habersham
Story Tamplin Taylor of Dawson Taylor of Decatur Taylor of Bibb Teague Thornton Twitty Underwood of Taylor
Vaughn Waldrop Walker of Lowndes Williams of Hall Willingham Wilson Woodward

Those voting in the negative were Messrs.:

Abney Bolton Bowen of Randolph Brown

Busbee Carswell Collins Conner

Crawford Deen Dickey Dicus

MONDAY, MARCH 6, 1961

1289

Doster Dunn Flexer Punk Hill Hodges Hull Jones of Worth Jones of Sumter Keyton Lane Lewis

McCracken Morris Moss Murphy Parker of Ware Farmer Phillips of Columbia Phillips of Walton Pickard Raulerson Ray Smith of Brantley

Steis Summers Todd Tucker Undercofler Underwood of
Montgomery Watson Wells of Peach Young

Those not voting were Messrs.:

Barnett of Baker Barrett Blalock Boggs Bozeman Brackin Branch Brooks of Oglethorpe Clarke of Monroe Coker Cox Culpepper Dorminy Duncan of Fannin Fleming Fowler of Douglas Fuqua Hale Horton Hurst Johnson

Jones of Liberty Jones of Lumpkin Jordan
Kelly
Killingsworth King Kirkland Knight of Berrien Lanier Lokey Lovett Matthews of Colquitt McGarity Melton Milhollin Miller Moate Moorman Mullis Newton Paris

Parker of Screven Pelham Rodgers of Charlton Scarborough Singer Smith of Whitfield Stevens Strickland Stuckey Tabb Walker of Telfair Ware Wells of Oconee Wells of Camden White Wickham Wilkes Williams of Coffee Mr. Speaker

On the adoption of the Resolution, the ayes were 99, nays 45.

HR 291 was adopted.

Mr. Flexer of Glynn stated that when the roll was called on the adoption of HR 291 he was busily engaged in conversing with some constituents from his county and inadvertently pressed the ''nay" button on the electric roll call ma chine. Mr. Flexer further stated he was deeply interested in the adoption of this Resolution and asked that the House Journal record his vote as "aye" on the adoption of the Resolution.
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:

1290

JOURNAL OF THE HOUSE,

SR 86. By Senator Grayson of the 1st and Senator Sanders of the 18th:
A Resolution relative to adjournment and requesting that adjournment sine die be deferred to approximately 5 o'clock.

The following Resolution of the House was read:

HR 281. By Mr. Caldwell of Upson:
A RESOLUTION
Relative to ad valorem taxes on motor vehicles; and for other pur poses.
WHEREAS, there have been many suggestions relative to the possi bility of collecting ad valorem taxes on motor vehicles at the time license tags are purchased; and
WHEREAS, there have been many conflicting statements relative to this subject; and
WHEREAS, this Body is in need of additional information in order that it might instigate a solution to the problem involved;
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created a committee to be composed of ten members of the House to be appointed by the Speaker for the purpose of studying the possibility of providing ways and means whereby ad valorem taxes on motor vehicles could be paid at the time of purchase of license tags. The committee shall make comparative studies of the laws and administration thereof of this and other states relative to the subject. The committee is authorized to employ clerical help and fix the compensation therefor. The Office of Legislative Counsel shall assist the committee in the performance of its duties. The members of the committee shall receive the compensation, per diem, expenses and allowances authorized for interim legislative committees. The committee shall receive the above for not to exceed twenty days per member. The funds necessary to carry out the purposes herein shall come from the funds appropriated to or available to the legislative branch of the gov ernment. The committee shall make a report of its findings and recom mendations to the 1962 session of the General Assembly on or before January 15, 1962, on which date the committee shall stand abolished.

The following amendment was read and adopted: The Committee on Rules moves to amend HR 281 as follows: By striking the words "ten members" and inserting in lieu thereof
the words "five members." By striking the words "The committee is authorized to employ
clerical help and fix the compensation therefor." By striking the words "twenty days" and inserting in lieu thereof
the words "five days."
The Resolution, as amended, was adopted.
The following Resolution of the House was read and adopted:

MONDAY, MARCH 6, 1961

1291

HR 292. By Mr. Dicus of Muscogee:
A RESOLUTION
Urging the Boards of Control of the State Training Schools to exer cise their authority under Article VII, Section I, Paragraph II of the State Constitution.
WHEREAS, the General Assembly has proposed an amendment to Article VII, Section I, Paragraph II of the State Constitution, which amendment has been ratified by the people, and which authorizes the expenditure of funds by state agencies to deserving students in order to finance their graduate and post-graduate studies; and
WHEREAS, at the present time the State Training Schools are in dire need of more qualified psychologists and psychiatrists as members of their staffs due to an ever increasing crime rate among the juvenile citizens of our state and nation; and
WHEREAS, an adequate and modern rehabilitation program for the inmates of our State Training Schools is an indispensible need in assuring the continued economic and political growth of our State and nation.
NOW THEREFORE, BE IT RESOLVED BY THE GENERAL AS SEMBLY OF GEORGIA, that the Boards of Control of the State Train ing Schools are urged to make funds available from the appropriations for their operation grants to deserving students who desire to undertake the study of psychology and psychiatry, and who wish to discharge the obligation to their State by joining the staffs of the State Training Schools.

Under the order of business established by the Committee on Rules, the fol lowing Resolutions of the Senate were taken up for consideration and read the third time:

SR 48. By Senator Grayson of the 1st, and others:
A Resolution establishing the State Reorganization Committee; and for other purposes.

The following amendment was read and adopted:
Mr. Walker of Lowndes moves to amend SR 48 by striking the second paragraph and by substituting therefor the following: "Be it fur ther resolved that the members of the State Senate shall be appointed by the President of the Senate and the members of the House of Repre sentatives shall be appointed by the Speaker of the House."

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, as1 amended, the ayes were 103, nays 0.

The Resolution, having received the requisite constitutional majority, was adopted, as amended.

1292

JOURNAL OP THE HOUSE,

SR 47. By Senator Grayton of the 1st, and others:
A Resolution establishing the Education Study Commission; and for other purposes.

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

On the adoption of the Resolution, the ayes were 103, nays 0.

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

The following Resolution of the House was read:

HR 246. By Messrs. Vaughn of Rockdale, Hall of Floyd, and others:
A RESOLUTION
Creating an interim committee to study fire insurance rating proce dures; and for other purposes.
WHEREAS, there was recently requested on behalf of the fire insur ance industry a rate increase and
WHEREAS, after such request was denied numerous premium in creases have been experienced by owners of property insured against physical damage; and
WHEREAS, charges have been brought that such premium increases are due to changes in rating and classification procedures by the fire insurance industry; and
WHEREAS, it is in the public interest to protect individuals against discriminatory premium charges, rating and classification procedures.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that an interim committee be appointed, to be composed of 8 members of the House, to be appointed by the Speaker of the House of Representatives, for the purpose of conducting investiga tions and examinations into the rating and classification procedures of any insurance company, group, association or bureau which establishes rates and classifications upon which fire insurance premiums are based. The committee shall also be empowered to investigate any other organi zation, or to examine any related field which bears upon the question of rate and premium charges for fire insurance. The committee shall not meet in excess of 10 days. The members shall receive the compensation, per diem, expenses and allowances authorized for members of interim legislative committees. The funds necessary to carry out the purposes of this Resolution shall come from the funds appropriated or available to the legislative branch of government.

The following Committee amendment was read and adopted:
The Committee on Rules moves to amend HR 246 as follows:
By striking wherever it shall appear the figure "10" and substituting in lieu thereof the figure "5."

MONDAY, MARCH 6, 1961

1293

The Resolution, as amended, was adopted.

The following Resolution of the House was read and adopted:

HR 293. By Mr. Bowen of Randolph:
A RESOLUTION
Relative to the adoption of a resolution by the Board of Regents; and for other purposes.
WHEREAS, the Board of Regents of the University System of Georgia has pending before it the following resolution:
"A RESOLUTION
1. The Constitution of the State of Georgia of 1945, in Article 8, Section I, paragraph 1 thereof, provides:
'The provisions of an adequate education for the citizens shall be a primary obligation of the State of Georgia, the expense of which shall be provided for by taxation.'
2. The Constitution of the State of Georgia, in Article 8, Sec tion IV, paragraph 1 thereof, provides:
'There shall be a Board of Regents of the University System of Georgia, and the government, control and management of the Uni versity System of Georgia and all of its institutions in said System shall be vested in said Board of Regents of the University System of Georgia. . . . The said Board of Regents shall have the powers and duties as provided by law existing at the time of the adoption of this Constitution, together with such further powers and duties as may be hereafter provided by law.'
3. Therefore, under the Constitution of Georgia, the fulfillment of the obligation of the State of Georgia to provide an adequate education in the institutions of the University System is in all re spects under the supervision of the Board of Regents.
4. Whether or not that obligation is being properly fulfilled contemplates full knowledge on the part of the members of the Board of Regents as to (a) who is instructing the citizens of Geor gia who are students in the colleges of the University System, and as to (b) what textbooks are being used in such instruction, and as to (c) the source and content of such textbooks.
5. Among the powers and duties of the Board of Regents pro vided by law at the time of adoption of the foregoing constitutional provisions, were and are these: the Board of Regents shall have power (a) to make such reasonable rules and regulations as are necessary for the performance of its duties; (b) to elect or appoint professors, educators, stewards, or any other officers necessary for all of the schools in the University System, as may be authorized by the General Assembly, to discontinue or remove them as the good of the System or any of its schools or institutions or stations may require, and to mix their compensations; (c) to organize such schools of learning or art as may be useful to the State, and to organize them in the way most likely to attain the ends desired.

1294

JOURNAL OP THE HOUSE,

6. In order to ascertain whether the constitutional and statu tory duties and obligations are being properly performed, this Board should have full and complete present knowledge of who is instruct ing and what is being taught in the institutions of the University System.
IT IS THEREFORE RESOLVED:
1. That this Board, through its Committee on Education, im mediately institute a thorough study of the personnel of the facul ties of the various institutions of the University System, beginning with the University of Georgia at Athens, and of the textbooks which are being used in the instruction of the students, most par ticularly in the field of history and so-called 'social sciences.'
2. That, to assist in that study, the members of the Committee on Education be and they are hereby authorized to enlist the assist ance of the other members of this Board of Regents who are willing to contribute their services to aid this Board in the fulfillment of its obligation to the citizens of Georgia."
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body urges the Board of Regents to adopt the aforesaid resolution and to launch a study of the personnel of the faculties in the University System of Georgia and particularly at the University of Georgia in Athens, and of the instructional materials used by the faculties. The Board of Regents in taking such actions is properly exercising its authority under the Constitution of the State of Georgia.
BE IT FURTHER RESOLVED that the Board of Regents is hereby respectfully requested to submit to the next session of the General As sembly of Georgia, a report of the facts and findings of the study con ducted under the aforesaid resolution.
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 Board of Regents and to the Chancellor of the University System of the State of Georgia.

Mr. Williams of Hall moved that the House reconsider its action in adopting HR 293.

The motion prevailed and the House reconsidered its action in adopting HR 293.

Mr. Williams of Hall moved that HR 293 be placed upon the table.

The motion prevailed and HR 293 was placed upon the table.

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 119. By Senator Owens of the 32nd:
A Bill to amend an Act relating to the membership of non-profit coopera tive associations so as to change the eligibility for membership require ments; and for other purposes.

MONDAY, MARCH 6, 1961

1295

Mr. Jones of Lumpkin moved that further consideration of SB 119 be post poned until the Second Monday in January, 1962.

The motion prevailed and further consideration of SB 119 was postponed until the Second Monday in January, 1962.

SB 90. By Senator Knox of the 54th:
A Bill to amend the Code relating to the powers of county police so as to limit certain powers to the county of appointment or election, and for other purposes.

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

On the passage of the Bill, the ayes were 107, nays 1.

The Bill, having received the requisite constitutional majority, was passed.

SB 74. By Senator Braly of the 38th:
A Bill to amend an Act so as to require certain procedures when a hos pital has on its staff a Doctor of Osteopathy; and for other purposes.

By unanimous consent, further consideration of SB 74 was postponed until the Second Monday in January, 1962.

The following Resolutions of the House were read and adopted:

HR 294. By Messrs. Duncan and Waldrop of Carroll:
A RESOLUTION
Commending Dr. Irving S. Ingram; and for other purposes.
WHEREAS, the Honorable Doctor Irving S. Ingram has recently retired as the first president of West Georgia College after having served for the past forty years as the President of West Georgia College and its immediate predecessor; and
WHEREAS, Dr. Ingram is known throughout the State and nation as one of the most outstanding educators of his time; and
WHEREAS, during the many years in which Dr. Ingram has de voted his time and talents to the University System and West Georgia College, he has contributed unbegrudgingly of his personal energies in enhancing the status of the higher educational institutions of this State.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the Honorable Dr. Irving S. Ingram be com mended for his many and outstanding contributions to this State's edu cational system, to his community, to his State, and nation.
BE IT FURTHER RESOLVED that the Clerk of the House of Rep resentatives is hereby authorized and directed to transmit a copy of this Resolution to the Honorable Dr. Irving S. Ingram.

1296

JOURNAL OF THE HOUSE,

HR 295. By Mr. Kimmons of Pierce:
A RESOLUTION
Relative to construction of a bridge between St. Mary's, Georgia, and Fernandina, Florida; and for other purposes.
WHEREAS, a great need for a bridge between St. Mary's, Georgia, and Fernandina, Florida, has existed for many years; and
WHEREAS, the Legislature of the State of Florida has enacted legislation stating that Florida will bear ninety-eight per cent of the cost for construction of such a bridge, leaving only two per cent of the cost to be borne by the State of Georgia; and
WHEREAS, it would be highly advantageous to the entire State if such a bridge were constructed.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL AS SEMBLY OF GEORGIA that the State Highway Department is hereby requested and urged to take whatever steps are necessary to cooperate with the Florida State Highway Department in the construction of a bridge between St. Mary's, Georgia, and Fernandina, Florida.
BE IT FURTHER RESOLVED that in the event such a bridge is constructed, it be designated as the "Lonnie Pope Bridge."
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 State Highway Board.
HR 296. By Messrs. Twitty of Mitchell, Brooks of Fulton, and others:
A RESOLUTION
To provide for a commission to study the advisability of reapportioning representation in the Congress and in the General Assembly of Geor gia among the counties of this State and to file a report of its findings and recommendations with the next session of the General Assembly of Georgia, to be held in January, 1962, to provide for the organization, pay and expenses of such commission; and for other purposes.
WHEREAS, there has existed in the United States, since the dele gates met in Philadelphia to write a Constitution for the United States of America, a controversy as to whether representation in the government should be upon a population basis or upon a geographical basis, and,
WHEREAS, it has always been a fundamental principle of American Government that regard be given to geographical representation with allowances for population within bounds which guarantee that no one small geographical sector of a whole State shall have the power to either destroy, injure or ignore the remaining sectors, and,
WHEREAS, in the State of Georgia there has been, within the last few years, a shift in population among the various counties of this State, and, there is today a demand on the part of some areas for a reappraisal and revision of the present allotment of representation in the Congress and in the General Assembly to the various counties,
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES, that a commission be appointed by the Speaker

MONDAY, MARCH 6, 1961

1297

of the House of Representatives, to study this question and to report its findings and recommendations to the session of the Legislature, to be held in January, 1962, taking into consideration the fundamental prin ciple of representation herein expressed.
BE IT FURTHER RESOLVED that this commission be composed of seven (7) members appointed by the Speaker of the House from among the Members of the House of Representatives.
BE IT FURTHER RESOLVED that the expenses of said commission be paid out of the appropriations made for the operation of the Legis' lature.
BE IT RESOLVED FURTHER that the members of said commission, during their actual service, be paid the same per diem as that paid Members of the Legislature.

HR 297. By Messrs. Smith of Emanuel, Twitty of Mitchell, and others:
A RESOLUTION
Wishing a speedy recovery for H. Thaxton Monk, Jr.; and for other purposes.
WHEREAS, H. Thaxton Monk, Jr., Aide to Honorable Frank S. Twitty, House Floor Leader, is absent due to illness; and
WHEREAS, he has faithfully and efficiently performed his duties during this Session of the House of Representatives in a manner which has earned the appreciation of this body;
NOW THEREFORE BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that a speedy recovery from illness is hereby wished for H. Thaxton Monk, Jr.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a copy of this Resolution to H. Thaxton Monk, Jr.

HR 298. By Messrs. Ware of Troup, Birdsong of Troup, and others:
A RESOLUTION
Relating to the recent flood along the Chattahoochee River; and for other purposes'.
WHEREAS, this nation and the world has witnessed, on the average of once every decade for the past 120 years, the ravages and rampages of the Chattahoochee River; and
WHEREAS, the nation and the world, on February 25, 1961, once again observed the untold suffering, incalculable property damage, count less cases of personal injury, deprivation, want and even death; and
WHEREAS, this suffering, the total inundation of the 5,000 populus of West Point, Georgia, and the resultant paralysis of its citizenry and its commerce, is multiplied a thousandfold by other people in other com munities. Both Georgians and Alabamians alike who have wallowed and waded through life, saturated with fear, and burdened with the con stancy of imminent danger; and

1298

JOURNAL OP THE HOUSE,

WHEREAS, a flood of public indignation has at last been unleashed with a power and a purpose to match the river itself at the highest crest; and
WHEREAS, the General Assembly of Georgia and every agency of government would rise in arms at the slightest attempt of a foreign power or any lawless body to harm a single citizen, to deprive him of his rights, or to subject him to suffering, property loss, personal injury, and death; and
WHEREAS, the answer and solution to these periodic catastrophes is neither mysterious nor unknown, but is, in fact, well known and thor oughly understood--although it lies beyond the power of individuals and single communities to remedy;
NOW, THEREFORE, BE IT RESOLVED by the House of Repre sentatives that this body take full cognizance of these significant devel opments; that we use the momentum therefrom to unite; that we use the full weight and prestige and force of this body and of the State of Georgia, to help keep attention focused on this problem, and that we take to our hearts this latest warning and consider it the last that we need; that never again will we hear of loss of life and property and privilege without the consolation of knowing we did all we should and could, and that with all the urgency of the life-and-death matter we know it to be, that we urge immediate attention be given to all reports, investigations and studies on every level of government; which were designed and intended to provide adequate flood control to this area of the Chattahoochee River, and to West Point, Georgia in particular.
BE IT FURTHER RESOLVED, that to facilitate said work this General Assembly offer a delegation of dedicated legislators as liaison to support the actions of our representatives in Washington in every way--to the end that a reappraisal of all existing studies be made in the light of these latest developments; that we initiate new studies if need be; that we implement each action in every moral and material way at our command; that we work toward that happy day, in a ceaseless way, when this much abused segment of our people may live a life free from the fear of floods, in this and all future generations.
BE IT FURTHER RESOLVED that the Clerk of the House of Rep resentatives is hereby directed to forward to both the Georgia and Ala bama congressional delegates an appropriate copy of this Resolution. Said Clerk is also directed to forward a copy of the same to the Mayor of West Point, Georgia, and to the President of the Middle Georgia Chat tahoochee Development Corporation.

HR 299. By Messrs. Andrews and Williams of Hall, and Odom of Dougherty:
A RESOLUTION
WHEREAS, the State of Georgia is proud of her distinguished citi zens, each having achieved nation-wide fame in all fields of endeavor; and
WHEREAS, in the field of sports1 and sporting events, our great State has become known as the birthplace of all greats; and
WHEREAS, in recent years Georgia has produced another great athlete, TOMMY AARON, destined to achieve the pinnacle of Golfdom, having won, as an amateur, the Tournament of Champions, in St. Augus-

MONDAY, MARCH 6, 1961

1299

tine, Florida; the Georgia State amateur, at Columbus, Georgia; the Georgia State Open, at Columbus, Georgia, the Southeastern Amateur, at Columbus, Georgia; the Western Amateur, at Duluth, Minnesota; and the Southeastern P.G.A., at Pensacola, Florida; and
WHEREAS, said TOMMY AARON recently left the ranks of an amateur and joined the professional golfing tours over these United States, bringing honor and esteem to himself and to our great State; and
WHEREAS, each year, at Augusta, Georgia, there is held the Mas ters Golf Tournament, for the benefit of all interested in the sport and those professional golfers invited to Play; and
WHEREAS, had TOMMY AARON not have joined the professional golfers association as early as he did, he would have of certainty received an invitation to compete in the Masters Golf Tournament in the year 1961; and
WHEREAS, the directors of the Masters Golf Tournament have a discretion as to invitations left to be delivered; and
WHEREAS, there is not a native Georgian among the professional golfers invited to compete in said Masters Golf Tournament for the year 1961; and
WHEREAS, all Georgians have confidence in the integrity, charac ter, ability, and sportsmanship of TOMMY AARON, that he will bring credit to the Masters Golf Tournament in the year 1961, commensurate to that sought by all great sporting events.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that they go on record as urging the directors of the Masters Golf Tournament to be held in Augusta, Georgia, for the year 1961, to issue an invitation to TOMMY AARON, of Gainesville, Hall County, Georgia, to compete in said tournament, in order that the State of Georgia may be represented by an athlete who has brought and shall continue to bring honor and dignity to the State of Georgia.

HR 300. By Messrs. Sheffield of Brooks and Matthews and Newton of Colquitt:
A RESOLUTION
Expressing regret at the untimely passing of the Honorable Leon F. Hobby; and for other purposes.
WHEREAS, the Honorable Leon F. Hobby recently passed away as a result of a sudden heart attack; and
WHEREAS, Mr. Hobby had for a number of years been a devoted member of the American Legion, having served as an officer in various local and State capacities, including past Commander of the Department of Georgia; and
WHEREAS, even though confined to a wheelchair for the past few years of his life, he had devoted practically all of his waking hours to the business of creating and soliciting support for various worthwhile American Legion projects; and
WHEREAS, Mr. Hobby is known throughout the State and nation as an outstanding citizen and Legionnaire.

1300

JOURNAL OF THE HOUSE,

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body express its sineerest and most heartfelt regrets at the passing of the Honorable Leon F. Hobby.
BE IT FURTHER RESOLVED that the Clerk of the House of Rep resentatives is hereby authorized and directed to transmit a copy of this Resolution to the family of the late Honorable Leon F. Hobby.
HR 301. By Messrs. Sheffield of Brooks, Phillips of Walton, and others:
A RESOLUTION
Endorsing Honorable James E. Powers for National Commander of the American Legion; and for other purposes.
WHEREAS, the election for National Commander of American Le gion is near; and
WHEREAS, a prominent Georgia citizen, reared in Bibb County, Georgia, has become renowned as a leader in American Legion activities, having been elected Commander of American Legion Post 74 in 1947, 1948 and 1949; elected State Junior Vice-Commander in 1949; State Senior Vice-Commander in 1950; and State Commander in 1951; Chair man of Membership and Post Activities Committee of the National American Legion from 1952 to 1954; elected to the Legion's National Executive Committee in 1954; and continues to serve; and
WHEREAS, he is active in many other civic affairs, including the Boy Scouts of America and the 4-H Clubs; and
WHEREAS, in this era of rockets, earth satellites and other super human devices, and of complex problems on every level, the need for superior, intelligent and reliable leadership is vital.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that Honorable James E. Powers is hereby en dorsed as a candidate for National Commander of the American Legion.
BE IT FURTHER RESOLVED that the Clerk of the House of Rep resentatives is hereby directed to forward an appropriate copy of this Resolution to all State American Legion Commanders, and to the Georgia Public Information Media.

HR 302. By Messrs. Parker of Appling, Twitty of Mitchell, and others:
A RESOLUTION
Thanking Honorable Ernest W. Strickland; and for other purposes.
WHEREAS, Honorable Ernest W. Strickland, Representative of Evans County, graciously furnished the members of this body with a tasty and appetizing Claxton Fruit Cake; and
WHEREAS, the Claxton Bakeries and Albert Parker, located in Evans County, is an industry for which Georgia should be proud and is achieving astonishing accomplishments in the bakeries field; and
WHEREAS, in the last four months they have produced and sold 5,000,000 pounds of these delightful fruit cakes throughout the Nation; and

MONDAY, MARCH 6, 1961

1301

WHEREAS, these fruit cakes are enjoyed by every member of the House of Representatives and their families.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OP REPRESENTATIVES that its appreciation is hereby extended to Hon orable Ernest W. Strickland for these fine gifts.
BE IT FURTHER RESOLVED that an appropriate copy of this Resolution be forwarded to Representative Strickland and the Claxton Bakeries.

HR 303. By Messrs. Parker of Appling, Walker of Telfair, and others:
A RESOLUTION
Thanking Honorable W. S. Stuckey; and for other purposes.
WHEREAS, Honorable W. S. Stuckey, Representative of Dodge County, graciously furnished the members of this body with a delightful gift of candy and nuts; and
WHEREAS, Representative Stuckey is to be commended for his efforts and accomplishments as proprietor of "Stuckey's, Inc." an or ganization which has made Georgia famous and recognized as a pecan State throughout the Nation; and
WHEREAS, these gifts were enjoyed by every member of the House of Representatives as well as their families.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES, that its appreciation for the gifts of candy and nuts is hereby expressed to the Honorable W. S. Stuckey.
BE IT FURTHER RESOLVED that the Clerk of the House of Rep resentatives is hereby directed to furnish Representative Stuckey with an appropriate copy of this Resolution.

HR 304. By Mr. Smith of Emanuel:
A RESOLUTION
Expressing appreciation to the Office of Legislative Counsel; and for other purposes.
WHEREAS, the staff of the Office of Legislative Counsel has ren dered outstanding service to the members of this Body; and
WHEREAS, the assistance given by the staff has been of inestimable value and of the highest quality;
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body hereby expresses its sincerest appreciation to Honorable Frank H. Edwards, Legislative Counsel, Hon orable Frank E. Blankenship, Chief Deputy Legislative Counsel, Honor able Sidney B. Shepherd, Deputy Legislative Counsel, Honorable Charles E. Tidwell, Deputy Legislative Counsel, the other members of the staff and the most charming and efficient secretaries of the Office for their outstanding services to the members of this Body and for their many acts of kindness and consideration shown to the members of the House.

1302

JOURNAL OF THE HOUSE,

BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a copy of this Resolution to each of the above named persons.

HR 305. By Mr. Smith of Emanuel:
A RESOLUTION
Expressing appreciation to Honorable Ben W. Fortson, Jr. and Hon orable Joe N. Burton; and for other purposes.
WHEREAS, Honorable Ben W. Fortson, Jr., Secretary of State, and Honorable Joe N. Burton, Assistant Secretary of State, have contributed immeasurably to the success of this session of the General Assembly; and
WHEREAS, they have always gone out of their way to assist the members of this Body in every way possible; and
WHEREAS, the burdens of the members of this Body have always been much lighter due to the actions of Mr. Fortson and Mr. Burton;
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body hereby expresses its sincerest appreciation to Honorable Ben W. Fortson, Jr. and Honorable Joe N. Burton for their many acts of kindness and thoughtfulness, and for the many services rendered to the members of the House.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a copy of this Resolution to each of the aforesaid gentlemen.

HR 306. By Mr. Smith of Emanuel:
A RESOLUTION
Expressing appreciation to Honorable George B. Hamilton and Hon orable Horace Hixon; and for other purposes.
WHEREAS, Honorable George B. Hamilton, State Treasurer, and Honorable Horace Hixon, Assistant State Treasurer, have rendered great service to the members of this Body; and
WHEREAS, they have given freely of their advice and counsel and the benefit of their long experience in order to assist the members of this Body in its deliberations;
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body hereby expresses its sincerest appreciation to Honorable George B. Hamilton, State Treasurer, and Honorable Horace Hixon, Assistant State Treasurer, for their help and guidance to the members of this Body.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a copy of this Resolution to each of the aforesaid gentlemen.

MONDAY, MARCH 6, 1961

1303

HR 307. By Messrs. Ross of Lincoln and Lane of Bulloch:
A RESOLUTION
Relating to the 1961 "G-Day" game; and for other purposes.
WHEREAS, on March 4, 1961 this body was extended a gracious invitation to attend the annual "G-Day" game at Athens, Georgia; and
WHEREAS, said invitation was greatly appreciated and the accept ance enjoyed by the members of this body; and
WHEREAS, it was largely due to the efforts of Honorable Chappelle Matthews and Honorable Julian Cox, Representatives of Clarke County and the Greyhound Bus Lines, the University of Georgia officials and the officials of the City of Athens, that this invitation and successful outing transpired; and
WHEREAS, this body wishes to express its appreciation to each of the aforesaid persons.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OP REPRESENTATIVES that appreciation is given to Honorable Chappelle Matthews, Honorable Julian Cox, the University of Georgia officials and the officials of the City of Athens, for inviting this body to the "G-Day" game and making it so enjoyable.
BE IT FURTHER RESOLVED that the Clerk of the House of Rep resentatives is hereby directed to forward an appropriate copy of this Resolution to the aforesaid mentioned persons.

The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following Bills and Resolutions of the House to wit:

HB 255. By Mr. Undercofler of Sumter:
A Bill to amend an Act specifying corporations and organizations exempt from State income tax, so as to provide an additional exemp tion for real estate investment trusts; and for other purposes.

HB 322. By Messrs. Scoggin of Floyd and Brooks of Fulton:
A Bill to amend an Act pertaining to Architects; and for other pur poses.

HB 537. By Messrs. Brooks of Fulton and Hall of Floyd:
A Bill authorizing the State Department of Education on behalf of the State of Georgia to lease for periods up to 4 years State owned property which is controlled and held by the State Board of Education for its own use to County School Boards, City Boards, etc.; and for other purposes.

1304

JOURNAL OF THE HOUSE,

HB 543. By Messrs. Williams of Hall; Singer of Stewart and others:
A Bill to amend an Act entitled "Structural Pest Control Act," so as to repeal the provisions limiting the licensing power of municipalities; and for other purposes.

HB 544. By Mr. Crawford of Chatham:
A Bill to amend an Act relating to the validation of bonds by county, municipal, or other political subdivisions, so as to provide for the pro cedure to be followed when said bond issues are authorized by resolu tion; and for other purposes.

HB 600. By Messrs. Keyton of Thomas, Bozeman of Thomas and others:
A Bill to authorize the governing authorities of the various counties to make, adopt, amend, and repeal building, housing, electrical, plumb ing, gas and other similar codes; and for other purposes.

HR 106. By Messrs. Mixon of Irwin, Milhollin of Coffee and others:
A Resolution relative to certain welfare benefits; and for other pur poses.

HR 127. By Mr. Caldwell of Upson:
A Resolution to relieve Wallace Pryor as surety; and for other pur poses.

HR 130. By Messrs. Phillips, Taylor and Thornton of Bibb:
A Resolution proposing an amendment to the Constitution so as to authorize the governing authority of Bibb County to assess and collect license fees and taxes from all persons, firms and corporations con ducting business in any area of Bibb County outside the incorporated limits of municipalities; and for other purposes.

HR 134. By Mr. Wells of Camden:
A Resolution relative to the Channel at Kings Bay Terminal; and for other purposes.

HR 225. By Messrs. Newton of Colquitt; Story of Gwinnett and others:
A Resolution relative to the study of admission requirements and pupil placement in public schools; and for other purposes.

HR 234. By Mr. Underwood of Taylor:
A Resolution authorizing the conveyance of certain lands; and for other purposes.

HR 236. By Messrs. Phillips, Thornton and Taylor of Bibb:
A Resolution authorizing and directing the State Librarian to furnish certain law books to the newly created Judgeship of the Macon Judicial Circuit; and for other purposes.

MONDAY, MARCH 6, 1961

1305

HE 215. By Messrs. Fleming, Hull and Fuqua of Richmond and others:
A Resolution to provide for funds for the restoration of The White House of Augusta; and for other purposes.

HR 191. By Mr. Jernigan of Clinch:
A Resolution to compensate the Slash Pine Electric Membership Cor poration; and for other purposes.

HR 25. By Mr. Phillips of Walton:
A Resolution to compensate J. D. Dillard (State Highway Dept.) ; and for other purposes.

HR 186. By Mr. Morgan of Gwinnett: A Resolution to compensate V. H. Puckett; and for other purposes.

HR 140. By Messrs. Morgan and Story of Gwinnett: A Resolution to compensate Geo. C. Brown; and for other purposes.

HR 23. By Mr. Phillips of Walton:
A Resolution to compensate T. W. Smith (St. Highway Dept.); and for other purposes.

HR 24. By Mr. Phillips of Walton:
A Resolution to compensate John Broach (DPS) ; and for other pur poses.

HR 144. By Mr. Twitty of Mitchell:
A Resolution confirming rules and regulations promulgated by the State Game and Fish Commission pursuant to the "Georgia Motorboat Num bering Act"; and for other purposes.

HR 202. By Messrs. Kidd and Chandler of Baldwin:
A Resolution requesting the Members of the Senate and House of Rep resentatives of the United States Congress from Georgia to make a study regarding tariff rates of certain imported goods; and for other purposes.

HR 210. By Messrs. Fuqua of Richmond, Hull of Richmond and others:
A Resolution creating a committee to study the Uniform Commercial Code; and for other purposes.

HR 221. By Messrs. McClelland and Brooks of Fulton and others:
A Resolution extending congratulations to Honorable Boisfeuillet Jones; and for other purposes.

1306

JOURNAL OF THE HOUSE,

HR 222. By Messrs. McClelland and Brooks of Fulton:
A Resolution urging the Postmaster General of the United States to take action necessary to establish and maintain a branch post office in the Capitol Hill area of Atlanta; to request the members of the Georgia Congressional delegation to take action to assist in effectuating the purposes of this Resolution; and for other purposes.

HR 235. By Messrs. Fuqua of Richmond and others:
A Resolution creating a committee relative to the construction of a new Governor's Mansion; and for other purposes.

HR 274. By Messrs. Smith of Fulton, Matthews and Cox of Clarke and others:
A Resolution commending Roger Kaiser, Student of Georgia School of Technology and outstanding basketball player; and for other purposes.

HR 280. By Messrs. Phillips, Thornton and Taylor of Bibb and others:
A Resolution expressing regret at the passing of Honorable Eugene Anderson; and for other purposes.
HB 382. By Mr. Sheffield of Brooks:
A Bill to amend and clarify Act providing for a salary system in lieu of a. fee system for the Solicitor-General of the Southern Judicial Circuit; and for other purposes.
HB 615. By Messrs. Howard, Rutland and Mackay of DeKalb:
A Bill creating the establishing the Civil Court of DeKalb County and all acts amendatory thereof so as to provide for the salaries of the judges; to provide for the salaries of the solicitor; to provide for the salaries of the clerk and marshal of said court; to provide for the appointment of assistant solicitor, to fix salaries of the assistant solici tors of said court; and for other purposes.
HB 616. By Messrs. Mackay, Howard and Rutland of DeKalb:
A Bill to amend an Act approved March 6, 1956 fixing, prescribing and establishing compensation and/or salaries of the elected county officials of and in the County of DeKalb, including the Ordinary, Clerk of Superior Court, the Sheriff and Tax Commissioner, adjusting the salaries; and for other purposes.
HB 618. By Messrs. Mackay, Howard and Rutland of DeKalb:
A Bill to amend an Act providing that counties having a population of more than 200,000 shall furnish aid and relief and pensions to regular members of the county police department so as to change population figure to "50,000 according to U. S. Census of 1960" and for other purposes.
HB 619. By Messrs. Mackay, Howard and Rutland of DeKalb:
A Bill to amend an Act revising, superseding and consolidating the laws pertaining to the governing authority of DeKalb County, so as to

MONDAY, MARCH 6, 1961

1307

prescribe the salary of the Chairman of Board of Commissioners of Roads and Revenues and the manner of payment thereof; and for other purposes.

HB 621. By Mr. Akins of Union:
A Bill to amend an Act abolishing the offices of Tax Collector and Tax Receiver in Union County, and creating the office of Tax Com missioner; and for other purposes.

HB 633. By Messrs. Teague, Willingham and Wilson of Cobb:
A Bill to amend an Act incorporating the Town of Austell and reincorporating said town as the City of Austell, so as to change the cor porate limits of the City of Austell; and for other purposes.

HB 644. By Messrs. Howard, Mackay and Rutland of DeKalb:
A Bill to amend an Act providing for fees of clerks in certain counties so as to provide for the collection of costs for the performance of the official duties of the Superior Court Clerks in counties having a popu lation of 250,000 and not more than 500,000; and for other purposes.

HB 645. By Messrs. Brooks, Smith and McClelland of Pulton:
A Bill to make the execution of tax returns by the taxpayers optional with the Tax Commissioner or Tax Receiver in certain cities and coun ties having a Joint City-County Board of Tax Assessors; and for other purposes.

HB 646. By Messrs. Brooks, Smith and McClelland of Fulton:
A Bill to provide in certain counties, the government authorities of such counties shall be authorized to contract for additional group Life Insur ance sufficient to provide a maximum of $10,000 on the life of each officer and employee; and for other purposes.

HB 647. By Messrs. Brooks, Smith and McClelland of Pulton:
A Bill to provide in certain counties that the sale of fi. fas. by the Tax Commissioner or Tax Collector shall be optional; and for other pur poses.

HB 649. By Messrs. Brooks, Smith and McClelland of Fulton:
A Bill to provide in certain counties that the Tax Collector or Tax Commissioner, shall retain the physical custody and control of all tax deeds as agent for the grantee; and for other purposes.

HB 651. By Messrs. Brooks, Smith and McClelland of Fulton:
A Bill to amend an Act to provide Fulton County system for pension and retirement pay for teachers and employees of the Board of Edu cation so as to provide that pension funds shall be limited to those teachers and employees who were members of pension fund at the time cf the approval of this Act; and for other purposes.

1308

JOURNAL OP THE HOUSE,

HB 652. By Messrs. Brooks, Smith and McClelland of Fulton:
A Bill to provide that in Fulton County the Ordinary, Sheriff, Clerk of Superior Court, may appoint a Chief Deputy, so that the Chief Deputy Clerk of the Superior Court may serve as administrative officer of the Superior Court or another deputy may be appointed to render said service; and for other purposes.

HB 653. By Messrs. Brooks, Smith and McClelland of Fulton:
A Bill to amend an Act to establish a method for providing Park and Recreational Systems in the unincorporated portions of Fulton County, by providing that Community Centers may be operated by Fulton County under the direction of the County Agricultural agent or county agricultural agent emeritus; and for other purposes.

HB 662. By Mr. Barber of Jackson:
A Bill to amend an Act creating the Charter of the City of Jefferson; to change the time for making returns of property for taxation; and for other purposes.

HB 673. By Mr. Barber of Jackson:
A Bill to amend an Act incorporating the City of Hoschton, so as to decrease the corporate limits of said city; and for other purposes.

HB 675. By Mr. Barber of Jackson:
A Bill to amend an Act incorporating the Town of Braselton, so as to decrease the corporate limits of said town; and for other purposes.

HB 676. By Messrs. Scoggin, Hall and Lowrey of Floyd:
A Bill to provide in certain counties for the trial of all violations of traffic laws of the State of Georgia in the City Court in the same manner as now provided for the trial of such cases in the Court of Ordinary in certain counties; and for other purposes.

HB 677. By Messrs. Birdsong and Ware of Troup:
A Bill to amend an Act incorporating the City of LaGrange, so as to provide for the power of eminent domain and condemnation; and for other purposes.

HB 681. By Messrs. Smith and McClelland of Fulton:
A Bill to amend an Act providing a system of pensions and other benefits for members of paid fire departments in certain cities; and for other purposes.

HB 686. By Messrs. Poole of Pickens and Barrett of Cherokee:
A Bill to amend an Act incorporating the City of Nelson, so as to change the rate of tax levy for certain purposes; and for other purposes.

MONDAY, MARCH 6, 1961

1309

HB 687. By Mr. Barrett of Cherokee:
A Bill to amend an Act changing the Sheriff, Clerk of Superior Court, the Tax Commissioner and the Ordinary of Cherokee County from a fee basis to a salary system; and for other purposes.

HB 688. By Mr. Barrett of Cherokee:
A Bill to amend an Act creating a charter for the City of Holly Springs, so ast to change the corporate limits of said city; and for other pur poses.

HB 689. By Mr. Barrett of Cherokee: A Bill to amend the Act creating a new charter for the City of Canton; and for other purposes.
HB 690. By Mr. Barrett of Cherokee: A Bill to amend an Act reincorporating the City of Woodstock; and for other purposes.

HB 692. By Messrs. Brooks, Smith and McClelland of Fulton:
A Bill to provide for the examination of master and journeyman plumbers and master and journeyman steamfitters, carrying on said vocation in all counties having a population of 500,000; and for other purposes.

HB 693. By Messrs. Matthews and Cox of Clarke:
A Bill to amend an Act creating and relative to the Board of Commis sioners of Roads and Revenues of Clarke County; and for other pur poses.

HB 694. By Messrs. Cox and Matthews of Clarke:
A Bill to amend an Act creating the City Court of Athens; and for other purposes.

HB 695. By Messrs. Mackay, Howard and Rutland of DeKalb:
A Bill to repeal an Act relating to the recording of plats and subdivid ing of lands in certain counties; and for other purposes.

HB 696. By Messrs. Mackay, Howard and Rutland of DeKalb:
A Bill to authorize certain counties to acquire through the exercise of the power of eminent domain private property for fire station sites, appurtenances and parking areas incidental thereto; and for other purposes.

HB 697. By Mr. Paris of Barrow:
A Bill to amend an Act creating a Board of Commissioners of Roads and Revenues for Barrow County; and for other purposes.

1310

JOURNAL OF THE HOUSE,

HB 699. By Messrs. Duncan and Waldrop of Carroll:
A Bill to amend an Act establishing a new charter for the City of Carrollton; and for other purposes.

HB 494. By Messrs. Smith of Emanuel and Twitty of Mitchell:
A Bill to amend an Act providing for absentee voting by members of the Military, so as to provide that the State Executive Committee shall fix the date for holding primaries; and for other purposes.

HB 80. By Messrs. Twitty of Mitchell, and Smith of Emanuel:
A Bill to amend an Act so as to increase the number of Judges of the Court of Appeals of Georgia from seven to nine; to provide that the court shall sit in three divisions; composed of three judges in each division; and for other purposes.

HB 524. By Mr. Willingham of Cobb:
A Bill to provide an appropriation, pursuant to the provisions of Sec tion 9 and 13 of the Employment Security Law to the Department of Labor; and for other purposes.

HB 607. By Mr. Fowler of Treutlen:
A Bill to provide that where 2 or more persons own lands and tenements as common owners may compel a partition, which may upon a proper judgment of the Superior Court based upon an application therefor, bind all parties interested whether in possession, reversion or re mainder, and whether or not those entitled to take as remaindermen or reversioners are in ease; and for other purposes.

HB 670. By Messrs. Parker of Screven and Lanier of Candler:
A Bill to regulate the sale, inspection, importation and distribution of fluid milk and milk products for human consumption; to provide procedures connected therewith; and for other purposes.

HR 78. By Mr. Vaughn of Rockdale:
A Resolution proposing an amendment to the Constitution so as to authorize the General Assembly to empower the governing authority of Rockdale County to enact ordinances for the policing and governing of said county and the enforcement of all duties and powers now or hereafter vested in the said governing authority; and for other pur poses.

HR 86. By Mr. Killian of Glynn:
A Resolution to compensate the Seaboard Construction Company; and for other purposes.

HR 109. By Messrs. Pickard and Wickham of Muscogee and others:
A Resolution relative to the construction of a Museum in Muscogee County by the Georgia Historical Commission; and for other purposes.

MONDAY, MARCH 6, 1961

1311

HR 162. By Mr. Summers of Crisp:
A Resolution proposing an amendment to the Constitution so as to authorize Crisp County to issue certain revenue anticipation obligations known as revenue bonds for the purposes therein stated; and for other purposes.

HR 172. By Mr. Barnett of Baker:
A Resolution proposing an amendment to the Constitution so as to pro vide that the members of the Board of Education of Baker County shall be elected from districts but by the voters of the entire County; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

HR 230. By Messrs. Williams and Andrews of Hall:
A Resolution proposing an amendment to the Constitution creating the Gainesville and Hall County Development Authority; and for other purposes.

HR 138. By Messrs. Adams of Polk, Thornton of Bibb and others:
A Resolution to raise the minimum wage for maintenance and crew men of the State Highway Department from 15$ to $1.00 per hour.

HR 289. By Mr. Twitty of Mitchell:
A Resolution relative to adjournment of the General Assembly; and for other purposes.

HR 292. By Mr. Dicus of Muscogee:
A Resolution urging the Boards of Control of the State Training Schools to exercise their authority under Article VII, Section I, Paragraph II of the State Constitution.

HR 295. By Mr. Kimmons of Pierce:
A Resolution relative to construction of a bridge between St. Marys, Georgia and Fernandina, Florida; 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 Conference Committee report to the following Bills of the House:

HB 140. By Messrs. Scoggin of Floyd, Willingham of Cobb and others:
A Bill to amend an Act so as to provide a new schedule of deductions for "medical and dental care"; to amend and clarify the net operating loss carry-back and carry-over section; to allow certain deductions to persons, firms, or corporations engaged in developing oil and gas properties; and for other purposes.

1312

JOURNAL OF THE HOUSE,

HB 502. By Messrs. Phillips, Thornton and Taylor of Bibb:
A Bill to amend the Charter of the City of Macon, to provide for pro cedure connected therewith; and for other purposes.

The following Resolution of the Senate was read and adopted:

SR 86. By Senators Grayson of the 1st and Sanders of the 18th:
A Resolution requesting that adjournment sine die be deferred to approximately 5:00 o'clock, p.m.; and for other purposes.

The Speaker announced the House adjourned sine die.

INDEX TO JOURNAL
OF THE
HOUSE OF REPRESENTATIVES
REGULAR SESSION 1961
PART I--ALPHABETICAL TABULATION
(House and Senate Bills and Resolutions)
PART II--NUMERICAL TABULATION
(House Bills)
PART III--NUMERICAL TABULATION (House Resolutions)
PART IV--NUMERICAL TABULATION
(Senate Bills in House)
PART V--NUMERICAL TABULATION
(Senate Resolutions in House)

INDEX

1315

HOUSE JOURNAL Part I
ALPHABETICAL TABULATION

HOUSE AND SENATE BILLS AND RESOLUTIONS

A
ABANDONMENT (See Minors) HR 224 --Create Committee to study ---- --..-------- --883, 1199, 1226

ABRAHAM BALDWIN AGRICULTURAL COLLEGE

HR 102 SR 26

--Extend to 4-year institution-- __...__._______.......... -371, 591, 888, 942 --Request Board of Regents to study
making this four year college -----390, 392, 417, 774, 889

ABSENTEE BALLOTS (See Voting, Elections)
SB 81 --Amend provision relating to time of qualification---------------------. 588, 591, 655, 838

ACCIDENT VICTIMS
HB 198 --Shall be unlawful to communicate with for specified period of time--.309, 343, 714, 872, 890

ACCOUNTANTS HB 269 --State Board of; provide additional points shall not be available to...._....._....__..._.. 378, 413, 838
ACWORTH, CITY OF HB 521 --Extend corporate limits.-...,,.__._....____________638, 710, 835, 848, 1072

ADOPTION (See Minors)

HB 197
SB 89 SB 64

--Consent of father not required in certain instances----_____________.__.______.__________309, 343, 467, 549
--Final hearings when parties unknown--------895, 906, 937, 948 --Rights between natural and
adoptive parents ....,,......__._..,,...........471, 474, 493, 714, 1274

1316

INDEX

AD VALOREM TAX (See Taxation)
HR 60-151--Deduct raw materials; amendment to the Constitution----------..---------------241, 282, 495, 608

ADVERTISING

HR 255 SB 104
HB 155 HB 601 HB 432

--Committee to study billboard advertisement----1049, 1199, 1228 --Provide punishment for adver
tising untrue or fraudulent property ......------------------.589, 592, 655, 773, 1193, 1264 --Outdoor; To control erection and maintenance--------.242, 283 --Rates; provide provisions for any politi cal advertisement or program.--765, 842, 935, 1035, 1117 --Wholesale; prohibit false advertising --------------------------.571, 644, 770, 1033, 1262

AGE OF LEGAL MAJORITY

HB 344 HB 241

--18 years old and married may execute promissory notes, loan deeds, etc. .--------------------461, 490, 893, 1012, 1202
--Lower from 21 to 18.-------------------------------340, 382, 385

AGRICULTURAL COMMITTEE HR 223 --House; create sub-committee.--....------.._.......----882, 984, 1063

AGRICULTURAL COMMODITIES PROMOTION ACT HB 433 --Georgia; create._._.--------------....571, 644, 655, 745, 1189, 1256

AGRICULTURAL PRODUCTS (See Named Products) HB 624 --Define certain terms-------------------829, 900, 982, 1179

AGRICULTURE (See named subject)

HB 433 HB 643
HB 597 HB 670 HB 78 HB 376

--Georgia Agricultural Commodities Promotion Act; create.------571, 644, 655, 745, 1189, 1256
--Georgia Milk Commission; prescribe how producers shall be paid for milk sold to distributors------.832, 892, 903, 971, 1203
--Georgia Seed Law; provide labelling to show actual germination--------_----------------763, 840
--Milk; regulate sale, inspection, importation and distribution----899, 947, 982, 1121, 1310
--Sale of milk to school institutions--------__..__.720, 738, 781 --Unemployment Compensation Law
not apply to canners and processors of--...----------485, 534

INDEX

1317

AID TO BLIND ACT (See Blind)

HB 340 HB 453 SB 116

--Amount of assistance entitled by recipient--------460, 490, 4C5 --Increase eligibility of income deductions----------------574, 646 --Increase eligibility income
deductions --------------------785, 805, 845, 938, 1219, 1364

AID TO COUNTIES (See Counties and County Matters)

HB 175

--State Board of Health; to provide Federal aid under Federal Water Pollution Control Act----------------.246, 286, 317, 355, 658

AID TO DISABLED ACT HB 341 --Provide for physical examination of applicant--------460, 490

AIRPORT AUTHORITY SB 131 --Create; in certain counties.-------------785, 805, 845, 936, 956

ALBANY, CITY OF
HR 148-447--Name certain boat landing the "Cleve Cox Landing"----------------573, 645, 773, 798, 1168
HB 427 --Relating to registration books and voters ---------------.----------570, 643, 771, 788, 989

ALCOHOLIC BEVERAGES (See Beer, Malt Beverages, Licenses)

HB 545 HB 105
HB 345 HB 318

--864 fluid ounces prima facie evidence of possession----------------------------703, 776, 1164
--Malt Beverages; Presence of 864 fluid ounces shall be prima facie evidence of possession.----------------------193, 214
--Provide for special retail pouring license.----461, 490, 496, 548 --Prohibit sale or distribution, certain counties----------434, 464

ALLEN, ALBERT G. HR 286-704--Compensate ---- __..___.--------._.---------------.--------.1198, 1249

ALPHARETTA, TOWN OF HB 33 --Amend charter ----.-------------------- 126, 141, 160, 164, 254

AMENDMENTS TO CONSTITUTION
HR 69-174--Allow freedom of association; all levels of education------------------. 246, 286, 287, 333, 443
HR 68-171--Athens-Clarke County Beverage Control Board; create.----------------245, 285, 351, 599

1318

INDEX

HR 172-511--Baker County; election of members of Board of Education.--------.----584, 654, 773, 1097, 1311
HE 130-383--Bibb County; business licenses outside incorporated limits; amendment to the Constitution . 487, 535, 590, 1090, 1304
SR 11 --Calhoun County; issue revenue Anticipation Bonds _____..--__..._._....__._.. 324, 326, 350, 468, 592
SR 41-99 --Camden County; election of members of Board of Education _----_.__._----_ 191, 213, 288, 595, 862
SR 8 --Chatham County; certain tax exemp tions to promote industrial growth __.___--------------..---------- .324, 326, 350, 1070, 1107
SR 36 --Cordele, City of; relative to Revenue Bonds _______------------------------785, 804, 844, 936, 1110
HR 162-453--Crisp County; issue revenue bonds ....574, 646, 773, 1094, 1311 HR 60-151--Deduct raw materials from ad valorem tax __ 241, 282, 495, 608 HR 108-291--Department of Commerce; create
Commissioners for .--.....-.............,,........_._._.....__..._._.._..407, 436 HR 230-668--Gainesville and Hall County
Development Authority; create_.__898, 946, 983, 1101, 1311 HR 230-668--Gainesville, City of; Gainesville and
Hall County Development Au thority, create; amendment to the Constitution ............_..__....___._.___ 898, 946, 983, 1101, 1311 HR 111-297--General Appropriations Act; provide for annual preparation ...--------...--..--408, 437, 441 HR 21-39 --General Appropriations Act; provide for annually--..--.127, 142
HR 22-39 --General Assembly; provide for 4-year term for members-____._______________________________.127, 142, 351
HR 232-668--Habersham County; election of members of Board of Education........_.....899, 947, 983, 1104
HR 139-408--Peace Officers' Annuity and Benefit Fund; increase acturial soundness.-------------------631, 586
SR 10 --Peace officers; subsistence allowance not taxable as income----.....253, 254, 286, 773, 1193, 1269
HR 260-701--Putnam County; election of members of Board of Education.----------------------1066, 1163, 1164
HR 78-226--Rockdale County; empower govern ing authority to enact ordinances ....__.._.._..__.___.._.............. ..314, 347, 936, 1088, 1310
HR 114-333--Schools cannot be prohibited to invest in certain bonds----------... ..... .............. 459, 489, 656
HR 113-333--Schools may invest sinking funds in certain bonds _.-..--------------_--------__----.459, 489, 656
HR 80-249--Turner County Development Authority; create ------..-- .......--.341, 383, 418, 602, 863
HR 65-171--To allow Governors to succeed themselves in office....----------------..--245, 285, 385, 632

INDEX

1319

AMENDMENT TO THE CONSTITUTION--UNITED STATES

SR 39 SR 25

--Propose amendment; regarding trans ferring of powers by a United States Supreme Court decision.--_. 663, 738, 780, 838, 1059
--Propose amendment; regarding trans ferring of powers by a United States Supreme Court decision----367, 367, 384, 658, 1060

AMERICUS, CITY OP HB 469 --New charter .----------

_ _ .577, 649, 772, 792, 991

ANDERSON, EUGENE HR 280 --Express sympathy for passing of------.._....._._.--..----1241, 1306

ANTIETAM AND GETTYSBURG SR 27 --Place monument ..__----------_----------...419, 419, 440, 894, 1062

ANTIETAM SR 21

--Place monument .. -- .__,,.----------... ....

324, 326, 350

APPLING COUNTY

HB 346

--Change compensation of members Board of Commissioners of Roads and Revenue ------------------.461, 490, 540, 544, 862

APPORTIONMENT (See Reapportionment)

HR 296 HB 156
HR 145

--Commission to study; create--.,,.._._____------------_--------------..1296 --House of Representatives; to re-
apportion members __---------- .,, 242, 283, 496, 631, 861 --Provide commission to study
advisability of ----------...........................556, 654, 658, 1036

APPROPRIATIONS ACT, GENERAL (See Budget, Finance)
HB 147 --Adjournment to study------------------.._...__.----.----..658, 560, 565 HB 90 --General Appropriations Act;
provide for ..........190, 212, 589, 665, 682, 1026, 1130, 1204 HR 135 --House Bill 90, calling for action on----------------_------.----...516 HR 153 --Provide for committees and attaches during interim.-- . ......... 559 HR 111-297--Provide for annual preparation;
amendment to the Constitution --_------------__.408, 437, 441 HR 21-39 --Provide for annually; amendment
to the Constitution _--___------------_.__.----_..----------.127, 142

1320

INDEX

APPROPRIATIONS COMMITTEE HR 208 --Express appreciation to------------------------------...--------757

ARCHITECTS
HB 322 --Qualifications for examination, experience, etc. ------.-------434, 464, 770, 912, 962, 1303

ATHENS, CITY OF
HB 694 --Amend Act relating to City Court -....933, 986, 1068, 1081, 1309 HR 68-171--Athens-Clarke County Beverage
Control Board; create; amendment to the Constitution --------------------------245, 285, 351, 599 HB 430 --Close certain streets------------------------570, 643, 771, 788, 989 HB 489 --Create office of City Tax Assessor_________.580, 651, 772, 804, 993

ATHLETIC EVENTS, SCHOOL HR 247 --Provide proper supervision of ------------------------------------1044

ATKINSON COUNTY HB 468 --Qualifications of Judge of City Court-- 577, 649, 772, 792, 991

ATLANTA, CITY OF (See Fulton County)

HB 660 HB 667 SB 160
SB 143
HB 251
SB 150
HB 509 HB 508
HB 138 HB 457 SB 42
SB 43
HB 399 HB 683

--Additional pension benefits for Police Department----897, 945 --Amend pension system for Fire Department.........--------898, 946 --Application for pension of officers
and employees ---------------- . 1043, 1115, 1165, 1199, 1218 --Board of Education; establish
emeritus offices for retired heads of departments--------------943, 956, 987, 1163, 1218 --Create Chief Deputy Municipal Revenue Collectors --------------------342, 383, 591, 730, 939 --Create position of chief law clerk in the Department of Municipal Courts ----------------------------943, 957, 988, 1069, 1173 --Establish Emeritus offices-------------583, 653, 835, 846, 1261 --Fix retirement benefits for Mayor and other officials-------------------583, 653, 835, 846, 1168 --New charter ,,_.-.------------------------865, 867, 906, 1068, 1114 --Obligations for recreation authority---------575, 647, 835, 846 --Pension benefits for members of Fire Department --------------------389, 391, 416, 936, 953 --Pension benefits for members of Police Department --------------_----.389, 391, 416, 936, 953 --Police Department; pensions------------530, 485, 936, 953, 1202 --Provide additional pension benefits for employees who have served 25 years _----------.----932, 985

INDEX

1321

HB 671 --Provide additional pensions for employees with 25 years' service--------------..----899, 947
HR 184-571--Provide committee to study Courts.----707, 779, 836, 860, 1166 HB 645 --Provide for execution of
tax returns ....____------------..------832, 903, 1068, 1077, 1307 HB 518 --Provide pensions for fire department--.637, 709, 835, 847, 1169 HB 517 --Provide pensions for officers and
employees ----_....._------------------637, 709, 835, 847, 1168 HB 681 --Provide system of pensions of paid
fire departments _----------------932, 985, 1069, 1081, 1308 HB 364 --Relating to annual ad valorem tax for
the support of public schools............484, 533, 835, 845, 1071 HB 210 --Relating to contempt of
municipal court ------------------.......311, 345, 591, 729, 939 HB 160 --Relating to improvement in the
Department of Parks ___._--------------.----------243, 283, 351 SB 75 --Relating to pensions for members
of Police Department .---------..444, 445, 466, 1068, 1114 HB 202 --Relating to retirement benefits.----.--.----...------____----. 310, 344 HB 159 --To provide fees for policemen who
act as witnesses for city or state--------------243, 283, 351 HB 203 --To provide pensions to officers and employees--...------.310, 344 HB 204 --To provide system of pensions for
members of paid fire department--------------------__310, 344 HB 205 --To provide system of pensions for
members of police department----------------------310, 344

ATLANTA FARMERS' MARKET HR 242 --Relating to erection sign....................,.------_____--------------1054

ATLANTA JUDICIAL CIRCUIT

SB 16

--Office space and secretarial assistance provided Judges Emeritus ----------------___323, 325, 349, 467, 725, 865

ATLANTA SYMPHONY ORCHESTRA HR 155 --Relative to concert...--------___----------------------------------559 HR 97 --Joint Session to attend concert--------------------------368, 419
ATLANTIC COAST LINE RAILROAD HR 263 --Opposing merger with Seaboard Air Line Railway--.1126, 1177

ATLANTIC JUDICIAL CIRCUIT
HB 284 --Place Solicitor-General on salary basis --------------------.381, 416, 467, 477, 895

1322

INDEX

ATTORNEY-GENERAL (See State Department of Law)

HB 535 SB 135 HR 225
SB 51

--Appointment of Assistants ......_------__--__----..640, 711, 715 --Charitable trusts; action of.------------------896, 907, 948, 1162 --Study admission requirements for
public schools -.--------------------------883, 984, 1129, 1304 --State Department of Law
provides for recompensation of ------------------1077, 1116, 1163, 1165, 1281, 1284

ATTORNEYS (See Bar and Practice and Procedure)

SB 151
HR 241 HB 201 HB 290 HB 243

--Bar Examinations; strike provisions providing that not less than 2 examinations shall be held each year._944, 1008, 1067, 1162
--Committee to study laws relating to disbaring--._------------1053 --Pertaining to proceedings for disbarment----------------310, 344 --Provide for fixing of fees by trial jury------.....----406, 436, 467 --Requirements to practice law in this State..--.--.340, 382, 385

AUGUSTA, CITY OF
HB 51 --Amend charter to grant City Council right to condemn certain private property.--..............137, 158, 195, 200, 321
HB 50 --Amend charter relating to Fire Department ------------______------------137, 158, 195, 200, 321
HB 527 --Revise laws relating to Municipal Court ____.__.----------------638, 710, 835, 849, 1075
HR 215-642--Restore White House ------.----....------832, 903, 938, 1186, 1305

AUGUSTA JUDICIAL CIRCUIT SB 35 --Change number of Judges------------389, 390, 416, 541, 964, 1077

AUSTELL, CITY OF HB 633 --Change corporate limits------.....................830, 901, 983, 996, 1307

AUTHORITIES (See Named Authority)
SB 131 --Airport Authority; create in certain counties.--.--------..................785, 805, 845, 936, 956
HB 476 --Clayton County Water Authority; amend Act ..............................................578, 650, 772, 794, 992
HR 230-668--Gainesville and Hall County Development Authority; create; amendment to the Constitution..--898, 946, 983, 1101, 1311
HB 1 --Georgia State Highway Authority; authority, issue bonds___...._._._.....______105, 110, 129, 130, 218
HB 389 --Housing; declare corporate and politic--------------488, 536, 938

INDEX

1323

SB 145 --Paulding County Water Authority; create ______----------------------943, 956, 987, 1069, 1173
HB 424 --Rome-Floyd County Industrial Development Authority; create.-.-.570, 643, 771, 787, 989
HB 116 --Savannah District Authority; Pro vide members shall not succeed themselves in office.--.-.------.194, 216, 251, 259, 720, 877
SB 1 --State Highway Board; Lease contracts under certain Authority Acts----..-150, 153, 160, 160, 171
HB 377 --State Office Building Authority Act; clarify definition of certain words used in Act.................. ___.__.--485, 534, 715, 807, 1166
HB 478 --Toccoa-Stephens County Airport Authority; create __----------------._.--578, 650, 772, 794, 992
HR 80-249--Turner County Development Authority; create; amendment to the Constitution..------------------.341, 383, 418, 602, 863

AUTOMOBILE DEALERS

HB 630

--Unlawful to sell motor vehicle unless purchase is holder of valid operator's or chauffeur's license.....--......----.830, 901

AUTOMOBILE INSURANCE

HB 98

--Insurance Company; unlawful to issue or renew automobile collision insurance under certain conditions------------------------..---. 191, 213

B
BAILEY, HONORABLE HARRY B
--Oath Administered to as Sheriff of House...----......---- ....--. 150
BAKER COUNTY
HR 172-511--Election of members of Board of Education; amendment to the Constitution --.........................584, 654, 773, 1097, 1311
HB 475 --Provide that County Commissioners shall be elected from each district ------------------------------578, 649, 772, 794, 1071
BALDWIN COUNTY
SR 53 --Georgia Forestry Commission transfer land to Georgia Department of Defense------------ 943, 956, 987, 1070, 1221
HB 267 --Provide elections for Board of Commissioners of Roads and Revenue--------.377, 413, 467, 475, 863, 909

1324

INDKX

BANK DIRECTORS HB 72 --Provide qualifications------------_---------------- 156, 170, 217

BANKS HB 72 SB 13
HB 283

--Bank Directors; provide qualifications------------.... 156, 170, 217 --Relating to qualifications of
Directors ----------------------------253, 254, 286, 655, 1220 --Relating to State of Georgia revenue bonds..------.381, 415, 655

BAR EXAMINATIONS (See Attorneys)

HB 70 HB 70 SB 151

--Provide for holding of__--------------._.------------156, 170, 316 --Provide for holding of Bar Examinations.--------...156, 170, 316 --Examinations; strike provisions
providing that not less than 2 examinations shall be held each year. 944, 1008, 1067, 1162

BARBER, MRS. W. L. HR 96 --Express sympathy for passing of----------------_--------.------368

BARBERS HB 657

--Prescribe certain qualifications before taking examination--------------------_896, 945, 982

BARROW COUNTY
HB 697 --Change compensation of members of Board of Commissioners of Roads and Revenue _------.......-981, 1066, 1069, 1171, 1309
HR 57-151--Library books furnished by State------241, 282, 351, 352, 498

BAXLEY, CITY OF
HB 248 --Create new charter....----------------------341, 383, 418, 426, 660 HB 20 --Establishing the City Court----..--------.124, 139, 160, 164, 254

BEAUTICIANS HB 657 --Qualifications of -..----------------------------------896, 945, 982

BEER (See Malt Beverages, Alcoholic Beverages)

HB 105 HB 318

--Malt Beverages; 864 fluid ounces evidence of possession----------------------------.193, 214
--Prohibit sale or distribution, certain counties--.--------434, 464

BEES HB 569

--Honey; provide for payment of bees destroyed----.... ...706, 778

INDEX

1325

BENNETT, PAIRLON B. HR 91-269--Compensate ...._________----------------378, 413, 589, 814, 1075

BIBB COUNTY
HR 130-383--Business licenses outside incorporated limits; amendment to the Constitution ..-.--.--------.487, 535, 590, 1090, 1304

BIDS HB 604

--Competitive; provide procedure in con nection with expenditure of public funds--------._765, 842

BILLBOARDS HR 255 --Committee to study billboard advertisement--..1049, 1199, 1228

BILLIARD AND BILLIARD ROOM HB 327 --Define ______------------------_._.__.........._...__-...435, 465, 838

BILLS OF SALE

HB 35 HB 393

--Conditional Bills of Sale; sales for $300 or less certain items shall have priority--...--------------126, 141, 195, 374, 466
--Relating to public utility companies.--529, 584, 770, 868, 1202

BIRTH CERTIFICATES
HB 189 --Substitute Birth Certificates for adopted children .--------------------..280, 319, 351, 399, 564

BLACK SHANK DISEASE HR 197 --Create Committee to study---..............--------750, 1199, 1225

BLAKELY, CITY OF

HB 103 HB 101 HB 102

--Change corporate limits.--__----------192, 214, 251, 257, 386 --Change name from Town of Blakely----192, 214, 251, 256, 388 --Describe corporate limits----------------192, 214, 251, 257, 388

BLIND HB 340
SB 116
HB 453 HB 490

--Aid to; amount of assistance entitled by recipient --------..............___--------------460, 490, 496
--Aid to the Blind Act; increase eligi bility income deductions-----785, 805, 845, 938, 1219, 1264
--Aid to; increase eligibility of income deductions-...-----574, 646 --Georgia Industries for the Blind; create-_.__......._580, 651

1326

INDEX

BLOOD HB 703 HB 360

--Provide for giving of blood tests to students under certain conditions.-..--.--..------.---1198, 1249
--Tests upon requests of Peace Officer^483, 533, 713, 972, 1202

BOARD OF FUNERAL SERVICE
HB 386 --Change definitions of "apprentice" and "Funeral Directing" ----.----.487, 536, 774, 1122, 1175

BOARD OF HEALTH, STATE HB 287 --Provide payment for cost of support, care, etc.--------406, 436

BOARD OF REGENTS

HR 257 SR 26
HR 293 HR 102

--Request to adopt certain policies...--------------------------1051 --Requested to study making four
year college at Abraham Baldwin Agricultural College at Tifton----390, 392, 417, 774, 889 --Relative to adoption of resolution._..__.._-------------_____ 1293, 1294 --Urge to make Abraham Baldwin Agricultural College a 4-year college.--371, 591, 888, 942

BOATS
HR 144-415--Game and Fish Commission; regulations relative to boating safety-------568, 642, 837, 1274, 1305
HB 391 --Motorboats, methods of transfer of ownership----529, 584, 837

BOGART, TOWN OF HB 367 --Change tax millage.------.------......----484, 533, 590, 734, 988

BOND APPEARANCE
HR 127-383--Pryor, Wallace; relieve as surety on appearance bond in Superior Court of Pike County.----....------486, 535, 768, 1192, 1304
SR 13 --Vickery, T. E.; relieve as security on appearance bond in Superior Court of Pike County------------.471, 473, 492, 768, 1191

BOND ISSUES
HB 544 --Provide procedures to be followed when authorized by resolution----703, 775, 834, 1030, 1304

BONDS SB 152

--To allow return after 3 year period under certain circumstances; relieve Workmen's Compensation Board----------1174, 1190, 1200

INDEX

1327

BONDS, REVENUE HB 283 --Purchase of by Banks--------------.......................381, 415, 655

BOWMAN, ROLAND HR 58-151--Compensate .___----------------------_____----------...------,,----241, 282

BOYLEN, MRS. BARBARA SAMS HR 163-455--Compensate ___________....._..................._----........----............575, 647

BRASELTON, TOWN OF HB 675 --Decrease city limits...--.----......_.__.._...931, 984, 1068, 1079, 1308

BREMEN, CITY OF

HB 592 HB 256

--Amend charter __--------________--._._._.....763, 840, 936, 950, 1201 --To grant rights of way to utility
corporations __________________----_____3 76, 411, 467, 474, 716

BRIDGES (See Named Bridge)
HR 82-249--Culbreth, Emmett R. and Myrvin H.; designate _.--_.--.------.........._.__.__342, 383, 466, 510, 863
HR 295 --Construction of Lonnie Pope Bridge Authorized-___--_----1295 HR 46-113--Designate Richard B. Russell
Bridge ....----....------___~__.______194, 216, 466, 509, 607, 1167 HR 87-269--Vandiver, S. Ernest; designate..................__________378, 413, 466, 511

BROACH, JOHN HR 24-39 --Compensate ......................------._______.__._128, 142, 934, 1014, 1305

BROOKS COUNTY HB 668 --Change compensation of Sheriff______._____898, 946, 983, 999, 1262

BROOKSHIRE, JACK HR 44-99 --Compensate __.___--_______.----.___.----------_--------..............--19.2, 214

BROWN, GEORGE C. HR 140-408--Compensate ----..__

_______531, 586, 1067, 1186, 1305

BRUNSWICK, CITY OF

HB 405 HB 404

--Increase number of bailiffs in City Court..-----------____-_.--.--.----.531, 586, 657, 732, 941
--Provide procedure making of tax returns -___------------------_____ 531, 586, 657, 732, 941

1328

INDEX

BRYAN COUNTY
HR 128-383--Restoration of Fort McAllister authorized ._--_____..--_.____--_______487, 535, 768, 925, 1167

BRYANT, ALLEN HR 173 --Commend

-.---------.--_._...------...___.____._____...,,._.....1236

BUCKHEAD FIFTY CLUB HR 261 --Express appreciation to-----...---______._..___--------.----1125, 1204

BUCKHEAD RED DEVILS HR 220 --Commend _..-----__------------.-..._--------__.880, 1199, 1231

BUDGET
HR 249 --Committee; study methods of financing additional services --------_._----.------_----.___1045, 1199, 1227
HR 211-642--Create Committee to study------------------------------..._.831, 902

BUDGET AND FINANCIAL ADMINISTRATION SR 75 --Create committee to study-.-_-_____-_-.__--------____1263, 1284

BUDGET BUREAU (See Finance, Appropriations)
HB 297 --Create Finance Commission.--.-..------------408, 437, 441, 480 HB 705 --State Treasurer member of--_---.----_..-.........-......._------------1248

BUENA VISTA, TOWN OF HB 86 --To establish municipal government------189, 212, 251, 255, 388

BUILDING CODES

HB 600 HB 12

--Enachment of; by counties.------.------.765, 842, 893, 974, 1304 --To authorize change in population
and census figures----------------.107, 111, 128, 150, 253

BULLOCH COUNTY

HB 414

--Change compensation of Chairman, Clerk and other members Board of Commissioners ______.532, 587, 656, 728, 941

BURGESS, B. B. HR 77-226--Compenseate ----.--------------------------__................314, 347

INDEX

1329

BURGESS, SHERMAN C. HR 173-538--Compensate ----.-------------------------640, 712, 768, 972, 1204

BURTON, JOE HR 305 --Expressing appreciation to---------------------------------_----1302

BUSES, SCHOOL

HR 284 HR 75 HR 104

--Committee to study matters pertaining to----------------1244 --Drivers; create Committee to study retirement benefits------293 --Provide transportation for children
living within 1 % miles.------------------------------------372

BUTTS COUNTY

HB 77 HB 79 HB 78 HB 76

--Change Ordinary's compensation from fee to salary system____________-_-168, 196, 217, 219, 387
--Change compensation of Sheriff from fee to salary system----------.168, 197, 217, 220, 387
--Change compensation of Tax Col lector from fee to salary system.-- 168, 197, 217, 220, 387
--To require periodic audit of books and records of certain officers------168, 196, 217, 219, 387

BYRD, LIEUTENANT GOVERNOR --Remarks by in presenting Governor Vandiver......................_.__91

C
CALHOUN, CITY OF HB 623 --Extend corporate limits---------------829, 900, 983, 995, 1260 HB 127 --To extend corporate limits.-------------.208, 248, 287, 329, 442
CALHOUN COUNTY SR 11 --Issue revenue anticipation bonds-----.324, 326, 350, 468, 592
CALLENBACK, RALPH R. HR 151-447--Compensate _......__....----..__.__.. ._..... _____________..._573, 646
CAMDEN COUNTY HR 41-99 --Election of members of Board of Education; amendment to the Constitution----191, 213, 288, 595, 862 HB 89 --Redictrict county into 4 Commissioner Districts ___________________.__.--------...--..190, 212, 251, 256, 388

1330

INDEX

CAMPAIGN EXPENSES HB 257 --Candidates; relating to publication of expenses_J576, 411, 658

CAMPAIGN FUNDS HB 349 --Amend Act to make applicable to labor organizations __.462, 491

CANDIDATES HB 257 --Relating to publication of campaign expenses ___. 376, 411, 658

CANDLER COUNTY
HB 661 --Provide for annual inventory of county property and equipment ............-897, 945, 983, 998, 1261

CANTON, CITY OF
HB 689 --Change compensation of Mayor and Councihnen ................_...._.___...... 933, 986, 1069, 1086, 1309

CAPITAL PUNISHMENT

HB 417 HB 48

--Repeal Act providing for.._..__.__......... .._...._._____._____.._._.569, 642, 769 --To forbid for any person under the
age of 18..............._.__...._____.136, 158, 317, 635

CAPITOL BUILDING SB 39 --Use of space in._......._.._...__..._...__..._..-.......539, 541, 587, 657, 1221

CAPITOL HILL AREA POST OFFICE HR 222 --Establish ._........ ..._....._..._._._..__._________.........._.881, 1199, 1232, 1306

CARROLL COUNTY SB 87 --Salary of Tax Commissioner. __________________498, 500, 537, 773, 799

CARROLL, MISS EFFIE EUGENIA HR 188-599--Compensate -______.___._.._._.._...........__-......_.___._....__...............___..764, 841

CARROLLTON, CITY OF

HB 182 HB 372 HB 699

--Amend Act relating to City Court_-______279, 318, 417, 420, 661 --Create office of City Supervisor_.._________485, 534, 590, 735, 940 --Increase number of Councilmen-_981, 1067, 1163, 1172, 1310

CARSONVILLE, CITY OF HB 479 --Repeal Act incorporating..___^__-^_--__._579, 650, 772, 795, 992

INDEX

1331

CARTERSVILLE, CITY OF

HB 609 HB 610 HB 611

--Change corporate limits.----____.............. 766, 843, 936, 951, 1201 --Change corporate limits____________ __-________-766, 843, 936, 951, 1201 --Change corporate limits____________________._____766, 843, 936, 951, 1202

CATOOSA COUNTY

HB 587
HB 582 HB 588

--Change compensation of Commissioner of Roads and Revenue------.762, 840, 936, 949, 1189, 1224
--Create office of Tax Commissioner----761, 839, 936, 949, 1201 --Provide for clerical assistant
to the Sheriff _______ --------762, 840, 936, 950, 1189, 1224

CEDARTOWN, CITY OF HB 288 --Extend corporate limits ____________ 406, 436, 494, 501, 717

CERTIFIED PUBLIC WEIGHERS
HB 450 --Provide for weighing of farm and forest products.-------------------- ..... ......

..574, 646, 655

CERTIORARI PROCEDURE SB 70 --Redefine ...................... .................___._...498, 500, 537, 770, 1275

CHARLTON COUNTY

SB 67 SB 26 SB 120 HB 428
SB 25

--Change compensation of Sheriff ...............................444, 445, 465 --Change compensation of Sheriff _______________________ _____323, 326, 349 --Name County depository........-.--.............................864, 866, 905 --Provide for districting into fire
protection districts ............................570, 643, 771, 788, 989 --Reapportion road districts------------_____________ ________323, 325, 349

CHATHAM COUNTY

HB 238 HB 114 SB 2 HB 115
SB 133
HB 463
SR 8
HB 235

--Amend Civil Service System--_316, 348, 418, 425, 1189, 1257 --Establish compensation for Coroner._------194, 216, 251, 258 --Issue revenue certificates.....-....-.......--203, 203, 216, 351, 354 --Members of metropolitan planning district
commission shall not succeed them selves in office--194, 216, 251, 258, 863, 908, 1042, 1204 --Relating to teachers' pensions .----------------------864, 866, 905, 1199, 1205, 1264 --Repeal Act relating to Local Government Improvement Commission.----------576, 648, 773, 801, 991 --Tax exemptions; to promote industrial growth ______.______----__-_--------------324, 326, 350, 1070, 1107 --To establish Local Government Commission _....___________._______----------.315, 348, 418, 424, 716

1332

INDEX

CHATTAHOOCHEE PLANTATION HB 631 --Incorporate -.__-_________-______-______._____---~~-~.830, 901, 983, 999, 1260

CHATTAHOOCHEE RIVER HR 298 --Relative to recent flood.....-------------------------------------..- 1297

CHATTANOOGA INSPECTION TRIP
HR 52 --Members of General Assembly inspect State property-----------------------------.-188, 219

CHATTOOGA COUNTY
HB 612 --Change compensation of Ordinary----766, 843, 936, 951, 1203 HB 562 --Create office of City Court Solicitor--705, 778, 836, 852, 1074

CHECKS HB 358
HB 347 HB 602

--Bad; amend Act relating to delivery so as to clarify said check-------------463, 492, 771, 1029, 1117
--Bad; amend Act relating to.------------------461, 491, 747, 893 --Bad; provide that in certain instances violations
shall be a felony------..----------------------___________765, 842

CHEROKEE COUNTY
HB 687 --Change compensation of certain officials ------------------------932, 986, 1068, 1080, 1309

CHEROKEE JUDICIAL CIRCUIT SB 96 --Contribution of Whitfield County.------663, 739, 781, 936, 954

CHILDREN HB 197

--Adoption Laws; Consent of father not required certain instances.--------------309, 343, 467, 549

CITIZENS AND SOUTHERN NATIONAL BANK HR 278 --Commend ----------------------_.--------.--------------------1240
CITY ATTORNEY'S HB 11 --To provide for compulsory retirement; cities of 150,000 population--------________106, 111, 160, 163
CITY COURT JUDGE HB 179 --Ordinary serve as judge until successor elected; certain counties....------------------279, 318, 385, 394, 497

INDEX

1333

CIVIL DEFENSE
HR 265 --Defense and Veterans Affairs subcommittee to study affairs of------------__------------------------_1128

CIVIL SUITS HB 268 --Pleadings and practice civil suits; appearance day.._378, 413

CIVIL WAR CENTENNIAL COMMISSION Invite House to attend ceremonies in Milledgeville.-............._.._.._..-------- ... 129

CIVIL WAR CENTENNIAL HR 70 --To promote observance of----.------------------.----.----__259, 322

CLAIMS HB 296

--Settlement of personal; not under Workmen's Compensation Law_----------_------_.--------------_----407, 437

CLARKE COUNTY
HR 68-171--Athens-Clarke County Beverage Control Board; create; amendment to the Constitution...............245, 285, 351, 599
HB 693 --Change compensation of Commissioner of Roads and Revenue------.--........933, 986, 1068, 1080, 1309
HR 167-511--Convey certain property.........----------------.583, 654, 770, 1075 HB 123 --Enact ordinances for policing and
governing .----.__------------.--------...208, 247, 287, 328, 442 HB 451 --Fix compensation of Judge of
Juvenile Court------------------......_. 574, 646, 772, 791, 991 HB 120 --To assess business tax outside
municipalities ....................................207, 247, 287, 327, 442 HB 118 --To authorize issuing of building
permits .------------------__------------207, 247, 287, 327, 442 HB 119 --To establish districts for storm sewers,
street lights and system of garbage collection ----.--------------------207, 247, 288, 326, 496, 512 HB 122 --To establish water, sanitation, sewerage and fire protection districts------------------.208, 247, 287, 328, 442 HB 121 --To provide for paving of streets.----__--208, 247, 287, 328, 442

CLARKE COUNTY DELEGATION
HR 14 --Express appreciation to......................_......___--------------.117, 149 HR 307 --Thank for invitation to Annual G-Day...................................1303

CLARKSTON, CITY OF
SB 125 --Mayor and Councilmen may succeed themselves in office...------------.864, 866, 905, 1069, 1172

1334

INDEX

CLAYTON COUNTY

HB 476 HB 403 HB 71 HB 477

--Amend Act creating Clayton County Water Authority.--------------_________5 78, 650, 772, 794, 992
--Consolidate offices of Tax Receiver and Tax Collector------,, _------------531, 586, 657, 731, 940
--Place Ordinary on salary basis in lieu of fee basis...--------------_...--------156, 170, 196, 198, 322
--Place Ordinary on salary in lieu of fee basis-------_.........-------578, 650, 772, 794, 992

CLAYTON COUNTY WATER AUTHORITY HB 476 --Amend Act creating _________________ 578, 650, 772, 794, 992

CLAXTON, CITY OF HB 666 --New charter___ _____________,,,,.______.__.__________898, 946, 983, 1000, 1262

CLERK SUPERIOR COURT (See Courts) HB 215 --May charge fees, certain eounties___ ______312, 345, 417, 423, 659

CLINCH COUNTY

HB 111

--To change compensation of Chairman of Board of Commissioners of Roads and Revenues---:-.......-- .... ......194, 215, 251, 258, 387

CLOER, BOB C., HONORABLE
Answer to Contest Petition of Orsbon Foster ....... ..--_----_--------_.__. ... .----17 Committee Assignments _._.._____------------------------....______.__ ________ ----119 HR 8 --Duly elected Representative from Towns County _______ 112

COBB BRIDGE HR 28-51 --Designate .......

________ ____________________________137, 158, 351, 397, 862

COBB COUNTY

HB 635
HB 634
SB 163 HB 636

--Abolish fee system for certain officials ----..........................------830, 901, 983, 996, 1261
--Consolidate offices of Tax Collector and Tax Receiver.....--------------------830, 901, 983, 996, 1263
--Establish sewerage districts.--.....1174, 1189, 1199, 1200, 1250 --Provide establishment of Fire Prevention
Districts ......._._..... .. ________ 830, 901, 983, 997, 1261

INDEX

1335

COBB JUDICIAL CIRCUIT
HB 638 --Fix compensation for assistant solicitor-general -----------831, 902, 983, 997, 1261
HR 90-269--Furnish certain laws books--------------378, 413, 468, 477, 719 HB 260 --Provide for additional Judge--.........---376, 412, 467, 506, 716 HB 141 --To change terms of Superior Court----211, 249, 351, 353, 497

COCKE, STEVE HR 98 --Express appreciation to___.._____________________--------------------.--368

CODES HB 600

--Authorize governing authorities to make, adopt, etc.------------------------765, 842, 893, 974, 1304

CODES, BUILDING
HB 12 --To authorize change in population and census figures--------------------- 107, 111, 128, 150, 253

CODE OF GEORGIA

HR 100

--Legislative Services Committee and the Office of Legislative Counsel author ized to make study of........._._.__.._..........._.___...... 370, 467, 512

COIN-OPERATED DEVICES HB 684 --Musical and amusement; taxation on .._...-------- 932, 985

COKER, VIRGIL, TIRE COMPANY HR 239-700--Compensate ----.---- ------------.-.,,...---- .,,.

1065, 1164

COLQUITT COUNTY
HB 464 --Change compensation of Sheriff-------577, 648, 772, 792, 991 SB 146 --Create Small Claims Court--------- 943, 957, 988, 1068, 1115

COLLECTION AGENCIES
HB 316 --Unlawful to engage in the business without license -------------------- ---- 411, 439, 441, 550

COLUMBUS, CITY OF

HB 273
HB 276 HB 538

--Provide for duties of Mayor in certain instances ------------------------379, 414, 467, 475, 716
--Relating to public lands------....----------380, 415, 467, 475, 717 --Title to certain tract of land-------640, 711, 836, 850, 1073

1336

INDEX

COMBS, HONORABLE BERT, GOVERNOR OP KENTUCKY HR 11 --Joint Session to hear address by--...__--.__________116, 149

COMER, CITY OF HB 37 --New charter--.--------------------------126, 141, 160, 164, 254

COMMERCE DEPARTMENT
HR 108-291--Create Commissioners for; amendment to the Constitution....._--.------__--------------_------------407, 436

COMMISSIONER OF LABOR SB 10 --Salary and allowances for.-----..288, 289, 319, 982, 1192, 1271

COMMISSIONS (See Committees)
HR 184-571--Atlanta and Fulton County Courts; Commission to study--_------.._____------..--......707, 779, 836, 860, 1166
HB 297 --Finance; create.---------____------..___--...408, 437, 441, 480 HR 214-642--Georgia Commission on State Sovereignty and
Independence; establish------------.------832, 902, 935, 1182 SB 5 --Georgia Historical Commission;
compensation of Secretary--------------323, 324, 349, 1248 HR 109-291--Georgia Historical; construct museum
in Muscogee County----.------407, 436, 1162, 1185, 1310 HB 285 --Georgia Industrial Development Commission; create--.406, 435 HR 72 --Mansion Sites; extend time--_------------------_------290, 322 HB 491 --State Literature Commission; amend
Act creating-.--..----_--___--------------.580, 651, 715, 822

COMMITTEE APPOINTMENTS Standing Committees appointed by Speaker----------------.__----_----....--76

COMMITTEES OF THE GENERAL ASSEMBLY

HB 137 HB 138

--Repeal Act relating to Visiting Committees ----------------------210, 249, 252, 294, 470
--Repeal Act relating to visits to institutions --------------------------210, 249, 251, 293, 470

COMMITTEE
HR 224 --Abandonment, illegitimacy; create to study----883, 1199, 1226 HR 208 --Appropriations; express appreciation to.--------------------757 HR 153 --Appropriations; provide for committees and
attaches during interim.--.....--......--......_..--------------.559 HR 184-571--Atlanta and Fulton County Courts;
study committee.------------------707, 779, 836, 860, 1166

INDEX

1337

HR 241 --Attorneys; to study laws relating to disbaring of--__,,...--1053 HR 255 --Billboard advertisements; committee
to study ----------------------------------1049, 1199, 1228 HR 197 --Black Shank Disease; to study.....-..---....---.....750, 1199, 1225 SR 75 --Budget and financial administration;
create to study.....-.-...---.----...---.--.--1263, 1284 HR 226 --Congressional Districts; to study population basis----..884, 1248 HR 32 --Criminal Law Study Committee;
create ---------------..---------147, 218, 292, 386, 455 HR 119 --Crooked River State Park; create committee to study.--______452 HR 265 --Defense and Veterans Affairs; sub-committee to
study civil defense and veterans affairs------------1128 SR 47 --Education Study Commission of House
and Senate; create -----865, 866, 905, 1199, 1292 HR 136 --Education; to further studies on.--..------------517, 773, 885 HR 49 --Election Laws; create Committee
to study --------------------------------------185, 252, 292, 386 HR 166-463--Election Laws; create to study------...577, 648, 838, 924, 1203 HR 251 --Farmers' Markets; create committee to study..----..--.----1047 HR 211-642--Finances; to study.---------------------.------_----.----.831, 902 HR 283 --Finances; to study----------------------------------------.....1243 HR 249 --Financing additional services; create committee
to study methods--------------------_------1045, 1199, 1227 HR 246 --Fire insurance rating procedure; study--..,,--1043, 1248, 1292 HR 199 --Forestry Soil Conservation; to study------------752, 1199, 1225 HR 216-642--Georgia Police Academy; relative to establishment of--832, 903 HR 235-694--Governor's Mansion; relative to construction
of new _----------.__----._._----------------934, 1199, 1227, 1306 HR 256 --Gracewood; create committee to evaluate future needs.----1050 HR 250 --Hard surface roads; create committee
study economic effect------------------------------------1046 HR 252 --Health and hygiene; create committee
to study ----------------------------------1047, 1199, 1233 HR 158 --Highways; create to study.------------------------562, 937, 947 HR 223 --House Agricultural Committee; create
sub-committee ----------------------------882, 984, 1063 HR 121 --Illegitimate children; create committee to study laws--------454 HR 156 --Industry; create to study.----------------------------------560 HR 171-511--Industries; to study establishment of--------------584, 654 HR 165-463--Insurance; create committee to study
matters relating to.--------...------------------------576, 648 HR 31 --Insurance; create to study and investigate
matters relating to _..--------.--_------------145, 195, 229 HR 276 --Insurance; extend time for committee to study
matters relating to ..................__.----.......----------.----_____1239 HR 143 --Insurance; to study matters relating to.--------------513, 565 HR 133 --Juvenile delinquency; to study--__--------..__..------------515 HR 217 --Licenses; to study matters relating to State hunting
and fishing ....._--......______----__..___._____--__----878, 1199, 1226

1338

INDEX

HE 258 --Long County; relative to revision of jury lists in........_._--.1051 SR 44 --Mental Health; Joint Committee to study--------865, 904, 937 HR 20-39 --Mental Health Study Committee; create-----._._..........._. 127, 142 HR 266 --Motor Vehicle Certificate Title Act; study
implementation of changes------------------ ............_.__--1128 HR 259 --Motor Vehicle Certificate Title Act; study
implementation of changes---------------- 1052, 1199, 1235 HR 198 --Motorists; to study problems relating
to uninsured ----------...............................----_.751, 893, 1059 HR 219 --Natural Resources; create sub-committee--..--879, 1199, 1226 HR 105 --Ordinaries' Retirement Fund; create committee to study----373 SR 20 --Peace Officers' Annuity and Benefit
Fund; study ______------____----------324, 326, 350, 1200, 1229 HR 50 --Petroleum Industry; create committee to study...------.........187 HR 240-701--Public health laws revision.--_--------...-------- .------1066, 1164 HR 296 --Reapportionment; to study.--..__--.-.----.--.--.----.--------. 1296 HR 145 --Reapportionment; provide to study
advisability of ------------------------ .....556, 654, 658, 1036 HR 227 --Rural roads; inspect------..--------__--------_________885, 1199, 1227 HR 284 --School buses; study matters pertaining to............._.--....----1244 HR 75 --School bus drivers; create committee to
study retirement benefits--..----------------........ .......-- -293 HR 64 --State employees; create to study Merit System
of Personnel Administration of----_________._...------._.. 228 HR 282 --State Highway Building; study circumstances
causing damage ------------_------_--------------------1242 HR 63 --State Institutions; create committee to study cost
of care of patients..----------------------------------------228 HR 254 --State Institutions and Property Committee
to study property--------------------------1049, 1199, 1228 SR 48 --State Reorganization; Joint Committee
to study ..--------.------------1165, 1174, 1199, 1200, 1291 HR 248 --Unemployment situation in Georgia; study--______------__...._ 1045 HR 210-614--Uniform Commercial Code;
to study _--------------------------767, 843, 1199, 1225, 1305 HR 194 --Uniform Traffic Code; to study----______---------- 748, 893, 1058 HR 157 --University System of Georgia; authorized to
make further studies of educational prob lems __._._.,,.........--.......----------.---- ....--._--561, 773, 886 HR 101 --Water pollution; Joint Committee; create to study--.......-370

COMMUNICATIONS
HB 271 --Prohibit fraudulent scheme on Telephone, Telegraph, etc. .. .... 379, 414, 658, 913, 1168

COMPENSATION (Workmen's)
HR 46 --Change Maximum and Minimum Weekly Compensation _--_....__.------ .----.__. __..__.__ 136, 157

INDEX

1339

COMPENSATION (Resolutions Authorizing)

HR 286-704--Albert G. Alien------------------------.------...--__..___--.1198, 1249

HR 91-269--Pairlon B. Bennett---.------------------378, 413, 589, 814, 1075

HR 58-151--Roland Bowman __.._...._..__._....._.___...___._._..._____.____._------------.241, 282

HR 163-455--Mrs. Barbara Sams Boylen ..............._._..__..___.__---------- 575, 647

HR 24-39 --John Broach

.......... 128, 142, 934, 1014, 1305

HR 44-99 --Jack Brookshire

---- -- ._........_.____...__.192, 214

HR 140-408--George C. Brown -- ------ --------531, 586, 1067, 1186, 1305

HR 77-226--B. B. Burgess ----------------------------------_______._.....-314, 347

HR 173-538--Sherman C. Burgess....----------------.640, 712, 768, 972, 1204

HR 151-447--Ralph R. Callenback--------------------.....------....._.------573, 646

HR 188-599--Miss Effie Eugenia CarrolL------------------------764, 841

HR 287-704--Fred Dial .......__.__._....____________....____.__.___._____._____________.______.__._.1198, 1249

HR 25-39 --J. D. Dillard--- --------------------128, 142, 934, 1014, 1305

HR 181-571--A. L. Dixon, Jr.

.------------707, 779

HR 43-99 --Sam R. Dunlap.--------------.....,,.---- 192, 214, 441, 478, 862

HR 189-599--Employees Casualty Insurance Company_____________--------764, 841

HR 229-668--Lester B. Fallin .............__..__..___.......--------------------..._.._.898, 946

HR 92-269--Georgia Petroleum Company --------379, 413, 768, 971, 1203

HR 209-614--Emory E. Griffin .----------------------------767, 843

HR 81-249--H. I. Hackney------_----------------.. 341, 383, 589, 819, 1075

HR 212-642--Hall and Sons Milling Company--------------------------831, 902

HR 29-51 --Mrs. Jud S. Haren.__.._.__._.__..___.___.__.___....__._.......__......_.__..____._137, 158

HR 149-447--S. Curtis Harper------------------------573, 646, 768, 972, 1203

HR 83-249--Mrs. G. R. Harrison......----------------342, 383, 768, 971, 1203

HR 79-249--Mae Dell Henderson......------------------......_.......------ -341, 383

HR 174-538--Ben Howard, Jr..__._...___._._..___._____...._._.______..__.__________.________.___.640, 712

HR 66-171--Fish Howard ...._.__._._........_.__._.__.___.______...__.245, 285, 589, 810, 1075

HR 93-269--Mrs. Frances S. Ivey._.__...___.._......._.._._.._.379, 414, 589, 816, 1075

HR 110-291--Wanda Jones ....__..__................................_..._...__._..._..___._.___.____. 407, 436

HR 55-142--Hubert Kidd._.____.._____________..___.___..____.__--211, 249, 589, 808, 1075

HR 95-269--Joseph Paul Larman----.----------------379, 414, 589, 817, 1075

HR 238-697--A. W. Ledford------ .981, 1066

HR 89-269--Mrs. May Lee ----,----------------..---- 378, 413, 589, 812, 1075

HR 150-447--J. W. Loggins.__._._.__._..__.______._.__.______.___...__..__..___.___._.__....___.___.573, 646

HR 124-348--E. A. Lunceford--........ ........_............................... ..------462, 491

HR 175-538--H. S. Mahan, Jr.--------------------------------640, 712

HR 27-51 --Mrs. Barbara Ann Marshall--.--..--.......-.----------137, 158

HR 76-226--James McBride --------------------------------314, 347

HR 67-171--Walker McCade ........_.......___.___._............. ..... ............_._..._....._.245, 285

HR 45-99 --E. R. Merritt

.

192, 214

HR 183-571--F. Ford Millikan._.........._....__.__.___........-______-.___-__-__--_-.....707, 779

HR 186-577--V. H. Puckett----............ .......... -------- ___. .708, 780, 934, 1305

HR 56-142--Noah A. Powers --

-.211, 250, 768, 971, 1203

HR 129-383--Reverend E. K. Rice ------------ .................._.._...................._..487, 535

HR 141-408--Jay Roberts __..._...__.__...._.__.____.___.___._..__..__.532, 586, 768, 972, 1203

HR 94-269--Ernest Paul Rundles ._...... ....-....-----------------379, 414

HR 190-599--Sav-A-Stop, Inc.

.... 764, 841

HR 42-99 --Mrs. Mary L. Scogin........................................................... 191, 213

1340

INDEX

HR 86-253--Seaboard Construction Company...----342, 384, 589, 821, 1310

HR 191-599--Slash Pine Electric Membership

Corporation __------____.________.._--__.764, 841, 934, 1034, 1305

HR 38-73 --Jack W. Stewart----.._.__--____.__.------------156, 171, 441, 478, 862

HR 237-697--Gabriel L. Strickland--_.----------------________..------.----.981, 1066

HR 23-39 --T. W. Smith----. ........--127, 142, 934, 1014, 1305

HR 19-39 --Tattnall County, Clerk of Superior Court of; and

City Court of Reidsville-----_--127, 142, 252, 304, 862

HR 125-348--Mrs. J. C. Tucker------______..____-__----------------.__------_--462, 491

HR 88-269--R. L. Vining....-__-.__.___.____.__-......-....-.-_._-___-...___-____-.378, 413

HR 71-189--Alton V. White, Jr.______-...------___.___-__--.._----_--------...281, 319

HR 270-704--Watkins C. White......,,

...... 1198, 1249

HR 192-599^Tames and Vierra Wood.______---------__-__-------764, 842

HR 239-700--Virgil Coker Tire Company_______.___..__._._................_.__._._.1065, 1164

COMPETIVE BIDS

HB 604 --Provide procedure in connection with expenditure

of public funds... _

-.----..------._.___.___766, 842

CONDEMNATION

HB 292 HB 293 HB 294 HB 585

--Procedure for exercise of Eminent Domain ------____.__.__----407, 436, 495, 908, 982, 1017, 1263
--Proceedings before Special Master; amend act .............._-_______.__._.................._..407, 437, 496, 908
--Provide by State or US of private property --__--------________________.........407, 437, 496, 908
--Redefine term "condemning body"___._...-...----___--.762, 838, 839

CONDITIONAL BILLS OF SALE
HB 35 --Sales for $300 or less certain items shall have priority __..___..----.____._.._______._____. 126, 141, 195, 374, 466

CONGRESS HR 202

--Study Tariff rates ........_._.___.__._____.___............._.753, 1069, 1230, 1305

CONGRESSIONAL DISTRICTS HR 226 --Create committee to study, population basis._....._.__.__._884, 1248

CONSTITUTIONAL AMENDMENTS SB 85 --Provide for publication of....._._..._.___._...----..--._..._._663, 738, 781

CONSTITUTIONAL AMENDMENTS
HR 69-174--Allow freedom of association; all levels of education-------________.246, 286, 287, 333, 443

INDEX

1341

HR 68-171--Athens-Clarke County Beverage Control Board; create.--......__________________..245, 285, 351, 599
HR 172-511--Baker County; election of members of Board of Education_----.-.....584, 654, 773, 1097, 1311
HR 130-383--Bibb County; business licenses outside incorporated limits; amendment to the Constitutionals?, 535, 590, 1090, 1304
SR 11 --Calhoun County; issue revenue Anticipation Bonds ------------------324, 326, 350, 468, 592
SR 41-99 --Camden County; election of members of Board of Education ....----------191, 213, 288, 595, 862
SR 8 --Chatham County; certain tax exemp tions to promote industrial growth ---------------------------- 324, 326, 350, 1070, 1107
SR 36 --Cordele, City of; relative to Revenue Bonds ----------.----------------.----785, 804, 844, 936, 1110
HR 162-453--Crisp County; issue revenue bonds..--.574, 646, 773, 1094, 1311 HR 60-151--Deduct raw materials from ad valorem tax--241, 282, 495, 608 HR 108-291--Department of Commerce; create
Commissioners for ........_........----..._._------_.------.-407, 436 HR 230-668--Gainesville and Hall County
Development Authority; create ...898, 946, 983, 1101, 1311 HR 230-668--Gainesville, City of; Gainesville and
Hall County Development Au thority, create; amendment to the Constitution ........................----898, 946, 983, 1101, 1311 HR 111-297--General Appropriations Act; provide for annual preparation................_..----408, 437, 441 HR 21-39 --General Appropriations Act; provide for annually...----127, 142 HR 22-39 --General Assembly; provide for 4-year term for members----------------.------127, 142, 351 HR 232-668--Habersham County; election of members of Board of Education----......899, 947, 983, 1104 HR 139-408--Peace Officers' Annuity and Benefit Fund; increase acturial soundness.------------------531, 586 SR 10 --Peace officers; subsistence allowance not taxable as income..------253, 254, 286, 773, 1193, 1269 HR 260-701--Putnam County; election of members of Board of Education--------------------1066, 1163, 1164 HR 78-226--Rockdale County; empower govern ing authority to enact ordinances ..........................----.----314, 347, 936, 1088, 1310 HR 114-333--Schools cannot be prohibited to invest in certain bonds----------------------459, 489, 656 HR 113-333--Schools may invest sinking funds in certain bonds...--------------------.....--------459, 489, 656 HR 80-249--Turner County Development Authority; create ----_------------.341, 383, 418, 602, 863 HR 65-171--To allow Governors to succeed themselves in office.----------------------245, 285, 385, 632

1342

INDEX

CONTRACTORS
HB 348 --Insure collection of taxes from non-residents engaged in contracting............. ..._. ... 461, 491, 658, 1071

CONTRACTS
HB 49 --Estates; make provisions lease and administration of timber, oil, gas and mineral.._--.136, 158, 195, 223, 240

COOK COUNTY HR 142-408--Convey certain land ........._._........._......... 532, 587, 657, 823, 1167

COOSAWATTEE RIVER HR 28-51 --Name "Cobb"......_.._._._._._._.______..._................. 137, 158, 351, 397, 862

CORDELE, CITY OP

HB 541 HB 368 SR 36

--Close certain alley------............._____.. .____641, 712, 836, 849, 1073 --Increase city limits_.___________._......._._._.___.__..484, 533, 590, 734, 939 --Relative to revenue Bonds........ ,..._....._._.785, 804, 844, 936, 1110

CORONERS ACT

HB 571 SB 157
HB 27

--Amend, certain counties.----------707, 779, 836, 854, 1076, 1118 --Change compensation in certain
counties --------.-...........--.....1043, 1115, 1163, 1164, 1217 --Provide exemption fees paid,
certain counties ....................... ...____.__125, 140, 195, 199, 320

CORPORATIONS

SB 99
SB 41 HB 567

--Allowed to contract freely without interest rate re strictions to promote industry_-865, 867, 906, 1200, 1266
--Amend Corporation Laws.__._____._._.......................498, 499, 536, 771 --Provide 5-year-moratorium on collection of tax.--.------706, 778

CORRECTIONS, DEPARTMENT OF HB 168 --Eligible for employees' retirement..........244, 284, 351, 398, 539

COSMETIC HB 67

--Georgia Drug and Cosmetic Act; create ..-.155, 170, 250, 294, 588, 723, 683, 957, 964, 994

COUNTY AD VALOREM TAXATION
HB 66 --Provide assistance property re-evaluation, tax equalization ----------._----.155, 170, 252, 300, 784, 805

INDEX

1343

COUNTY AND COUNTY MATTERS -- BY POPULATION (See Named County, and County Matters)

SB 131 SB 53 SB 127
SB 22 HB 29 HB 136 HB 571 SB 157 HB 27 HB 679 HB 196 HB 520 SB 164 SB 77 HB 60 HB 334 HB 408 HB 557 HB 21 HB 318
HB 87
HB 179
HB 219
HB 339
HB 225

--Airport authority; create in certain counties ---.--------------.----.------785, 805, 845, 936, 956
--Clerk of Superior Court shall act as Clerk of Juvenile Court --------------------------419, 420, 440, 714
--County Boards of Education; Fix compensation of chairman and members, counties having a popu lation of 16,700 to 16,800--------864, 866, 905, 1069, 1173
--County registrars; appointment of--323, 325, 349, 1068, 1114 --County registrars; selection of certain counties.-..------125, 140 --County Tax; provide tax for roads in
certain counties _------_------.--_.___--210, 249, 288, 330, 443 --Coroners Act, amend; certain
counties __------_-------.------707, 779, 836, 854, 1076, 1118 --Coroners; change compensation.-1043, 1115, 1163, 1164, 1217 --Coroners; provide exemption fees paid,
certain counties ----------------_----125, 140, 195, 199, 320 --Education Grants; not apply certain counties----........931, 985 --Game and Fish Laws; offenders allowed to enter plea
of guilty; certain counties..------.......--............309, 343, 837 --Game and Fish; open sounds not apply
certain counties _--___----------_--------------_-637, 709 --Judges of Superior Court; supplement
salary ----------------------------1174, 1190, 1199, 1200, 1250 --Judge of Superior Court shall act as Juvenile
Court Judge ------------ ---------588, 591, 654, 773, 799 --Jurors; how names shall be selected from jury box,
certain counties .......................... .,....-139, 159, 196, 201, 321 --Jury Commissioners; provide for
appointment of .-_--------------_----------459, 489, 495, 543 --Juvenile Court Act; amend--______----_----531, 586, 657, 732, 941 --Law Libraries; establish, certain
counties ----..------..------705, 777, 835, 855, 1074 --Local Government Improvement Commission;
repeal act ------..-------------------124, 139, 195, 199, 320 --Malt Beverages and Beer; prohibit sale or
distribution of ___--___.__----___----____------------_.------____434, 464

--Ordinaries; appointment of Special Bailiff, certain counties ------.--------------.189, 212, 467, 726, 1260

--Ordinary serve as Judge City Court; certain

counties

....

r-279, 318, 385, 394, 497

--Plumbers and Steamfitters; provide for exam ination of, certain counties-------------312, 346, 770, 917

--Municipalities; annexation of territory ------------------------------460, 490, 771, 785, 988

--Small Claims Court; amend, certain counties ---------------------------313, 346, 417, 424, 659

1344

INDEX

HB 47 HB 525 HB 401 HB 215 HB 420 HB 30 HB 214 HB 208 HB 92 HB 556 SB 21 HB 88 HB 625 HB 186

--Small Claims Court; change certain population and U. S. Census figures-^---_._____._._._..-136, 158, 195, 200, 321
--Solicitor-General; salary, certain counties --------__----.-------------638, 710, 835, 848, 1169
--Streets and Highways; maintenance of certain _------..------------.--------530, 585, 769, 1010, 1202
--Superior Court Clerks may charge fees; certain counties ___----------------------------.312, 345, 417, 423, 659
--Superior Court use microfilm equipment; certain counties .__....------------------------569, 642, 771, 786, 989
--Tax Assessors; abolish certain counties ___.........._..___..__._____-..__........______.125, 140, 195, 200, 321
--Tax Assessors; to provide terms; certain counties .__.___.-___.._.-........___..______-..........312, 345, 417, 422, 659
--Tax Commissioner; to provide for compensation, certain counties _______........._.________.....311, 344, 417, 421, 661
--Tax Receiver; commission from ad valorem taxes, certain counties ------------------------190, 212, 351, 353, 496
--Used Car Dealers' Registration Act applicable, 14,500 - 14,900 _.__--.--.--.------_------------..704, 777, 837
--Voters registration; provide for____..__323, 325, 349, 1068, 1113 --Voting Machines; name of unopposed candidate
omitted from ballot------------------189, 212, 251, 255, 715 --Warm Air Heating Equipment; certain counties _---- 829, 900 --Witness Fees to Peace Officers; certain
counties _----________.--------___.______----.280, 319, 771, 785, 988

COUNTY AND COUNTY MATTERS (Named Counties)
(See Named County, and County and County Matters By Population)
HB 346 --Appling County; change compensation of members of Board of Commissioners of Roads and Revenue _____________________----__-________461, 490, 540, 544, 862
HB 468 --Atkinson County; qualifications of Judge of City Court --------------------------577, 649, 772, 792, 991
HR 172-511--Baker County; election of members of of Board of Education; amendment to the Constitution.....----________584, 654, 773, 1097, 1311
HB 475 --Baker County; provide that County Com missioners shall be elected from each district ------------.--------.--------578, 649, 772, 794, 1071
HB 267 --Baldwin County; provide elections for Board of Commissioners of Roads and Revenue ----------------377, 413, 467, 475, 863, 909
HB 697 --Barrow County; change compensation of mem bers of Board of Commissioners of Roads and Revenue ________________..------981, 1066, 1069, 1171, 1309
HB 57-151--Barrow County; certain books furnished by State ............__________._____.___.........._...241, 282, 351, 352, 498

INDEX

1345

HR 130-383--Bibb County; business licenses outside in corporated limits; amendment to the Constitution ______________..-...-....._....._..487, 535, 590, 1090, 1304
HB 668 --Brooks County; change compensation of Sheriff ___________._________.._.________.________.898, 946, 983, 999, 1262
HB 414 --Bulloch County; change compensation of Chairman, Clerk and other members Board of Commissioners _________________-532, 587, 656, 728, 941
HB 79 --Butts County; change compensation of Sheriff from fee to salary system_____._._.__.___________168, 197, 217, 220, 387
HB 78 --Butts County; change compensation of Tax Collector from fee to salary system.....__.___.____168, 197, 217, 220, 387
HB 77 --Butts County; change Ordinary's compensation from fee to salary system............._..--...____168, 196, 217, 219, 387
HB 76 --Butts County; to require periodic audit of books and records of certain officers-__.____.____...168, 196, 217, 219, 387
SR 11 --Calhoun County; issue revenue anticipation bonds ...................______..___.324, 326, 350, 468, 592
HR 41-99 --Camden County; election of members of Board of Education; amendment to the Constitution ............__________..________191, 213, 288, 595, 862
HB 89 --Camden County; redistrict county into 4 Com missioner Districts ._.....................__.. 190, 212, 251, 256, 388
HB 661 --Candler County; provide for annual inventory of county property and equipment _._____._..__... 897, 945, 983, 998, 1261
SB 87 --Carroll County; salary of Tax Cimmissioner ......_...__.___.______._._____________498, 500, 537, 773, 799
HB 582 --Catoosa County; create office of Tax Commissioner ..................................._._761, 839, 936, 949, 1201
HB 587 --Catoosa County; change compensation of Commissioner of Roads and Revenue ............._.._...._._...___..___762, 840, 936, 949, 1189, 1224

HB 588 --Catoosa County; provide for clerical assistant to the Sheriff.............__._..._____762, 840, 936, 950, 1189, 1224

SB 67 --Charlton County; change compensation of Sheriff ................................._...__..__._______._...__.__.._._..444, 445, 465

SB 26 --Charlton County; change compensation of Sheriff _____________________________________________________________....323, 326, 349

SB 120 --Charlton County; name county depository- ___________ 864, 866, 905

HB 428 --Charlton County; provide for districting into fire protection districts ____________.___.___________570, 643, 771, 788, 989

SB 25 --Charlton County; reapportion road districts.... -- 323, 325, 349

HB 238 --Chatham County; amend civil service system ...................... 316, 348, 418, 425, 1189, 1257

HB 235 --Chatham County; to establish Local Government

Commission .

.315, 348, 418, 424, 716

SR 8 --Chatham County; certain tax exemptions to promote industrial growth ........._.._............ 324, 326, 350, 1070, 1107

1346

INDEX

HB 114 --Chatham County; establish compensation for Coroner .....................______________._____._.____._..194, 216, 251, 258
SB 2 --Chatham County; issue revenue certificates --------------------................. 203, 216, 351, 354
HB 115 --Chatham County; members of metropolitan planning district commission shall not succeed themselves in office ----...... 194, 216, 251, 258, 863, 908, 1042, 1204
SB 133 --Chatham County; relating to teachers' pensions ............._____._._._..__.__..864, 866, 905, 1199, 1205, 1264
HB 463 --Chatham County; repeal Act relating to Local Govern ment Improvement Commission ---576, 648, 773, 801, 991
HB 612 --Chattooga County; change compensation of Ordinary ............................................766, 843, 936, 951, 1203
HB 562 --Chattooga County; create office of City Court Solicitor .______.._..__...___ _._._......705, 778, 836, 852, 1074
HB 687 --Cherokee County; change compensation of certain officials ..........__._.___._._._.___.932, 986, 1068, 1080, 1309
HB 693 --Clarke County; change compensation of Commis sioner of Roads and Revenue ......933, 986, 1068, 1080, 1309
HR 68-171--Clarke County; create Athens-Clarke County Beverage Control Board; amendment to the Constitution .....______.___._...____.____..._.___.._. 245, 285, 351, 599
HB 123 --Clarke County; enact ordinances for policing and governing --.......--------.----.208, 247, 287, 328, 442
HB 451 --Clarke County; fix compensation of Judge of Juvenile Court....................._.......... 574, 646, 772, 791, 991
HR 167-511--Clarke County; convey certain property_.....583, 654, 770, 1075 HB 119 --Clarke County; to establish districts for storm
sewers, street lights and system of gar bage collection ________._______._____._..207, 247, 288, 326, 496, 512 HB 122 --Clarke County; to establish water, sanitation, sewerage and fire protection districts.--------208, 247, 287, 328, 442 HB 118 --Clarke County; to authorize issuing of building permits --------------------207, 247, 287, 327, 442 HB 120 --Clarke County; to assess business tax outside municipalities ------------------------207, 247, 287, 327, 442 HB 121 --Clarke County; to provide for paving of streets --------------------------------208, 247, 287, 328, 442 HB 476 --Clayton County; amend Act creating Clayton County Water Authority___._.___._._____.578, 650, 772, 794, 992 HB 403 --Clayton County; consolidate offices of Tax Receiver and Tax Collector_.________..__531, 586, 657, 731, 940 HB 477 --Clayton County; place Ordinary on salary in lieu of fee basis.--...---.....-.-.--578, 650, 772, 794, 992 HB 71 --Clayton County; place Ordinary on salary basis in lieu of fee basis.------........----...... ..156, 170, 196, 198, 322 HB 111 --Clinch County; to change compensation of Chairman of Board of Commissioners of Roads and Revenues.----....... .........194, 215, 251, 258, 387

INDEX

1347

HB 635 --Cobb County; abolish fee system for certain officials ____________.________._.________830, 901, 983, 996, 1261
HB 634 --Cobb County; consolidate offices of Tax Collector and Tax Receiver--..... -830, 901, 983, 996, 1263
HB 636 --Cobb County; provide establishment of Fire Prevention Districts.----_______830, 901, 983, 997, 1261
SB 163 --Cobb County; establish sewerage districts ....._._.____.____.___.__.____._._.1174, 1189, 1199, 1200, 1250
HB 464 --Colquitt County; change compensation of Sheriff ---------------..----------...577, 648, 772, 792, 991
SB 146 --Colquitt County; create Small Claims Court ..,,-.. .----------------------943, 957, 988, 1068, 1115
HR 142-408--Cook County; convey certain land-----532, 587, 657, 823, 1167 HB 100 --Coweta County; change compensation
certain officials from fee to salary system _._._...__.__._._____._._......__________._....... 192, 214, 251, 256, 388 HB 185 --Crawford County; to prescribe and limit com pensation of Treasurer.________________._...280, 318, 417, 420, 661 HR 162-453--Crisp County; issue revenue bonds; amendment to the Constitution----...._____..__......574, 646, 773, 1094, 1311 HB 516 --Deeatur County; change compensation of Treasurer -------------.._.___.._..._-----637, 709, 836, 857, 1072 HB 696 --DeKalb County; acquire property for fire station sites through eminent domain-------934, 987, 1068, 1081, 1309 HB 618 --DeKalb County; change population figure relating to County Police------------_.._..--767, 844, 1068, 1077, 1306 HB 313 --DeKalb County; create Purchasing Department ..._.................._._._.__.._____.__410, 439, 495, 505, 719 HB 309 --DeKalb County; County Commissioner's Law, change population figures ___._.____.....410, 439, 495, 504, 719 HB 311 --DeKalb County; fix compensation of Commis sioner of Roads and Revenue ..--....--410, 439, 495, 505, 719
HB 308 --DeKalb County; provide for supplementing funds of County Board of Education .._..._._.._..410, 439, 495, 504, 718
HB 307 --DeKalb County; list of jurors required ................._._......_........ . .....409, 438, 495, 504, 718
HB 304 --DeKalb County; may charge for plumbing inspections ----------------------------409, 438, 494, 503, 718
HB 303 --DeKalb County; may charge for heating and airconditioning inspections _.___..__-409, 438, 494, 503, 718
HB 301 --DeKalb County; pay actual cost of feeding prisoners ....... ....._._._._._______...__..........408, 438, 494, 502, 718
HB 305 --DeKalb County; provide field book system for property identification and evaluation .------409, 438, 495, 503, 718
HB 306 --DeKalb County; provide for tax exemption to owner of personal property...._...__.._.____.______.409, 438, 495, 503, 718
HB 314 --DeKalb County; provide for fees of Coroners, Constables and Jurors..__________._____.._.410, 439, 495, 505, 719

1348

INDEX

HB 315 HB 619
HB 616 HB 615 HB 685 HB 644 HB 312 HB 695 HB 310 HB 302 HB 445 HB 439 HB 443 HB 440 HB 500 SB 126
HB 379 HB 194
HB 253 HB 63 HB 108 HB 421 HB 676

--DeKalb County; provide pensions for county employees ----_.____------------.--411, 439, 495, 505, 719
--DeKalb County; prescribe salary for Chairman of Board of Commissioners of Roads and Revenue ------------------------.768, 844, 1068, 1082, 1306
--DeKalb County; prescribe salaries of certain officials ----------------.--.--------767, 844, 936, 952, 1306
--DeKalb County; provide for salaries of Civil Court employees ..--------_._----767, 844, 1069, 1084, 1306
--DeKalb County; repeal Act establishing Juvenile Courts -------------.----------------.------------932, 986
--DeKalb County; provide for collection of costs of Superior Court------..----.....832, 903, 1068, 1077, 1307
--DeKalb County; relating to position of Chief of Police-_.----------------....410, 439, 495, 505, 719
--DeKalb County; repeal Act relating to plats, recording, etc. ._.----------...--.934, 987, 1069, 1081, 1309
--DeKalb County; provide for approval and recording of plats_----------.....410, 439, 495, 504, 863, 976
--DeKalb County; traverse jury list required ___..--------__.------._..------ 409, 438, 494, 502, 718
--Dodge County; amend Act creating Office of Tax Commissioner--------...------573, 645, 771, 790, 990
--Dodge County; change Sheriff from fee to salary system .--------_..----.........-572, 644, 771, 789, 990
--Dodge County; change compensation of Clerk of County Commissioners ----------...-572, 645, 771, 790, 990
--Dodge County; change certain officials from fee to salary system.------..--------.....572, 645, 771, 789, 990
--Dougherty County; consolidate office of Tax Receiver and Tax Collector.------.......------581, 652, 772, 797, 993
--Douglas County; Coroner to be placed on salary in lieu of fee system; to employ clerical help ........___________----....864, 866, 905, 1069, 1173
--Effingham County; provide for change in compensa tion of County Treasurer.----------..486, 535, 590, 736, 940
--Effingham County; to change compensation of Board of Commissioners of Roads and Revenue ..------------------------309, 343, 417, 421, 661
--Elbert County; change compensation of Sheriff from fee to salary system.----342, 384, 418, 426, 784, 908
--Fannin County; compensation of Tax Receiver ------------....--------....--155, 169, 196, 202, 321
--Pannin County; to provide supplemental salary for Ordinary--..._...----------.193, 215, 251, 257, 387
--Ployd County; change compensation of Tax Commissioner --...-------- ...--------...569, 642, 771, 786, 989
--Ployd County; court procedure for traffic violations ...------------------....--931, 984, 1068, 1079, 1308

INDEX

1349

HB 424
HB 425 HB 300 HB 426 HB 422 HB 423 HB 177
HB 176 HB 637 HB 646 SB 79 SB 144
HB 510 HB 650 SB 66 SB 161 HB 682 SB 107 HB 680 HB 457 HB 692 HB 659 HB 652

--Floyd County; create Rome-Floyd County Industrial Development Authority _..._----_--........----------570, 643, 771, 787, 989
--Floyd County; fix compensation of Board of Commissioners of Roads and Revenue.............. ------570, 643, 771, 787, 989
--Floyd County; increase salary of Judge of the City Court------------------------408, 438, 494, 502, 718
--Floyd County; provide compensation for members of County Board of Education--..-.-.570, 643, 771, 787, 989
--Floyd County; provide for compensation of Treasurer ----_.________--------__________569, 643, 771, 786, 989
--Floyd County; provide for compensation of certain officials.-------------------570, 643, 771, 787, 989
--Forsyth County; to change compensation of members of Board of Commissioners of Roads and Revenue.----------_..------279, 318, 384, 394, 497
--Forsyth County; to provide compensation for Ordinary .____---....---____------------279, 317, 384, 395, 497
--Franklin County; relating to amount of bond of the Sheriff ........_------------.--------.--831, 902, 983, 997, 1261
--Fulton County; additional life insurance for employees --__--------------__-- .833, 903, 1068, 1078, 1307
--Fulton County Civil Service Board; amend .__.......--......------........--------.471, 474, 493, 657, 730
--Fulton County; create emeritus offices for retired heads of departments of public school system ______..._..-......--------.943, 956, 987, 1163, 1217
--Fulton County; establish Emeritus offices _--------..-----------------.583, 653, 835, 847, 1263, 1265
--Fulton County; establish rules and regulations relating to pensions ___--_____--_--------------------_--833, 904
--Fulton County; filling of vacancies by Tax Commissioner __--..------------.--------------444, 445, 465
--Fulton County; grants of State and local funds for school children.......--------1043, 1115, 1165, 1249, 1250
--Fulton County; increase pension benefits for teachers and employees of Board of Education------------_____932, 985
--Fulton County; invest bonds of Board of Education __-.........______.__.--................721, 740, 782, 936, 955
--Fulton County; limit eligibility for benefits certain Judges under retirement system ----------.....-----931, 985
--Fulton County; obligations for recreation authority ____._..........----_------------....----575, 647, 835, 846
--Fulton County; provide for examination of plumbers and steamfltters------933, 986, 1069, 1082, 1309
--Fulton County; provide additional pension benefits to county employees.._......--------------___.__.____--------.897, 945
--Fulton County; provide administrative officer of Superior Court.----------------834, 904, 1068, 1079, 1308

1350

INDEX

HB 651 --Fulton County; relating to teachers' pension

and retirement fund.......____________833, 904, 1068, 1078, 1307

HR 184-571--Fulton County; provide committee to study

Courts _______--..-..-----____........_...707, 779, 836, 860, 1166

HB 647 --Fulton County; provide sale of fi. fas. shall be

optional _.___-_.__.____._ __________.._______833, 903, 1068, 1078, 1307

HB 701 --Fulton County; provide retirement system for

Board of Education ____._.,,_..____________._._____________....__ 1066, 1164

SB 129 --Fulton County; provide for election of

members of Commissioners of Roads

and Revenue

.____.... 864, 866, 905

HB 272 --Fulton County; provide employees credit

for retirement income ________ __________379, 414, 983, 994, 1260

HB 381 --Fulton County; provide a system of pensions and retire

ment pay to teachers_ ___________ _..___-486, 535, 983, 995, 1260

HB 653 --Fulton County; relating to Park and Recreational

Systems _________________________ ______ 834, 904, 1068, 1083, 1308

SB 109 --Fulton County; relating to Merit System ...____________720, 740, 782

SB 108 --Fulton County; relating to Board of Education

condemnation procedure ________720, 740, 782, 1199, 1217

HB 649 --Fulton County; Tax Commissioner shall retain control

of all tax deeds ________________ 833, 904, 1068, 1078, 1307

HB 206 --Fulton County; to establish new retirement system

for county employees ______ - .... ...________________ 311, 344

HB 161 --Fulton County; to increase number of

assistant solicitors-general in Crim

inal Court--____________________________243, 284, 384, 395, 497

SB 15 --Gilmer County; change compensation of

Commissioner of Roads and Revenue

and Advisory Board _______

323, 325, 349, 418, 427

HR 180-571--Gilmer County; furnish certain law books ______..______.____-___________-_..__.. _._707, 779, 836, 860, 1075

HB 654 --Glynn County; change population figures relating to tax for roads _____ .......... ..... __________________ ........896, 944

HB 407 --Glynn County; compensation of members of Board of Com missioners of Roads and Revenue _ 531, 586, 657, 732, 941

HB 406 --Glynn County; place Coroner on salary ... ....... . ... _________________ 531, 586, 657, 732, 941

HB 117 --Glynn County; to change compensation of certain officials ............._......._________________________ 195, 251, 259, 387

HB 622 --Gordon County; authorization to levy a tax not to exceed 3 mills ____________________________828, 900, 983, 995, 1260

HB 129 --Gordon County; to change compensation of Sheriff from fee to salary basis _________________ _209, 248, 288, 329, 443

HB 128 --Gordon County; to create Office of Tax Commissioner __________________________________ 209, 248, 287, 329, 442

HB 130 --Gordon County; to increase compensation of Com missioner of Roads and Revenue ..209, 248, 288, 329, 443

INDEX

1351

HB 410 --Greene County; certain officials salaries ___..._________.____..___._________.532, 587, 657, 733, 942, 976
HB 411 --Greene County; consolidate offices of Tax Receiver and Tax Collector__________^_.____._..._......532, 587, 656, 728, 941
HB 409 --Greene County; relating to Board of Commissioners of Roads and Revenue_ _....532, 587, 656, 726, 941
HB 579 --Gwinnett County; create office of Tax Commissioner ____..______..____________________708, 780, 836, 855, 1074
HR 179-541--Gwinnett County; furnish Superior Court certain law books ______..___________________.______^..___.641, 712, 836, 859, 1075
HR 232-668--Habersham County; election of members of Board of Education; amendment to the Constitution __________________.____________._____.___.____899, 947, 983, 1104
HR 230-668--Hall County; Gainesville and Hall County Development Authority, create; amend ment to the Constitution-....._.......898, 946, 983, 1101, 1311
HB 435 --Hall County; change days for regular meetings of County Commissioners__,,..571, 644, 771, 789, 990
HB 444 --Hall County; change compensation of mem bers of Board of Commissioners of Roads and Revenue____________________________573, 645, 771, 790, 990
HB 148 --Haralson County; to change compensation of the Com missioner of Roads and Revenue__..240, 281, 351, 353, 497
HR 112-316--Harris County; sale by State of certain land____--._......411, 440 HR 170-511--Hart County; Superior Court furnished certain law
books __________________________________________________584, 654, 773, 799, 1170 HB 487 --Henry County; change compensation of
Coroner ...._......_...._............. ..._........_......580, 651, 772, 796, 992 HB 486 --Henry County; change compensation of
Treasurer .............................................579, 651, 772, 796, 992 HB 14 --Henry County; compensation of the Sheriff,
the clerk of the Superior Court and the Ordinary ___ _________________________________________107, 112, 160, 163, 253 HB 575 --Henry County; create Water Authority __________________________________________708, 780, 836, 854, 1169 HB 577 --Henry County; relating to building and other codes ._____.,,_.____._.. _______708, 780, 836, 854, 1169 HB 180 --Houston County; repeal Act known as "Houston Tax Receiver"...__.____...___279, 318, 384, 394, 498 HB 674 --Jackson County; relating to office expenses of Sheriff __,,__.._,,___,,____._,,____,,________________ _______931, 984, 1163, 1171 SB 159 --Jackson County; relating to office expenses of Sheriff .......................................... 1043, 1115, 1163, 1165, 1217 HB 13 --Jenkins County; compensation of Ordinary ................._.....__.._._.__.........107, 112, 160, 163, 253 HB 351 --Johnson County; change population figures relating to County Commissioners_________________ 462, 491, 540, 544, 783 HB 353 --Johnson County; Tax Collector paid from ad valorem school tax __________________________ _463, 492, 540, 545, 783

1352

INDEX

HB 354 --Johnson County; Tax Collectors entitled

to commission of 10% on all collections

in excess of 80%------------------463, 492, 540, 545, 783

HB 352 --Johnson County; Tax Receiver paid from ad

valorem school tax.------------.._--462, 491, 540, 544, 783

HB 415 --Lamar County; change compensation for clerical help

of Tax Commissioner...--------_----568, 642, 771, 786, 1071

HB 16 --Lamar County; to change compensation

of Chairman of Boards of Roads and

Revenues .._.__.------------.__.__--------109, 128, 160, 164, 253

HB 375 --Laurens County; relating to County

Commissioners ......----------_____..------------485, 534, 590, 736

HB 132 --Laurens County; to change compensation

of Clerk of Superior Court and dep

uties to salary system----------------209, 248, 288, 330, 443

HR 176-538--Liberty County; convey certain

property ------------------.----------641, 712, 1070, 1121, 1263

HB 320 --Lincoln County; change census figures relating to ad

valorem school taxes------.----------434, 464, 495, 507, 719

HR 231-668--Lincoln County; furnish certain law

books _----._--_.------__--..--------.899, 946, 983, 1003, 1262

HR 258 --Long County; committee study revision of jury lists.... -----1051

HB 252 --Lowndes County; provide clerical assistance, Court of

Ordinary ....

..342, 384, 418, 426, 661

SB 103 --Lumpkin County; allow expense allowance for Commis

sioner of Roads and Revenue..__----662, 740, 782, 936, 955

SB 102 --Lumpkin County; create office of Tax

Commissioner ._..........___._...._......_..----662, 740, 782, 936, 955

HB 214 --Macon County; change compensation and term of Tax

Assessors in certain counties..----312, 345, 417, 422, 659

HB 216 --Macon County; change compensation

of Board of Commissioners of

Roads and Revenue --------______---- .312, 345, 417, 423, 659

HB 485 --Macon, City of; incorporate certain

areas ___.....-------- .._--------------..579, 650, 772, 796, 1168

HB 68 --Madison County; compensation of Clerk of Commission

of Roads and Revenues.....--------156, 170, 196, 198, 322

HB 447 --Mclntosh County; change compensation of

Ordinary __..._._--------.....__----_.___.._.573, 645, 772, 790, 990

HB 281 --Meriwether County; abolish office of Treasurer, to

provide for depositories..--...--------381, 415, 467, 476, 717

HB 279 --Meriwether County; commissions of Tax Collector

paid to county-..-----------.__-----~380, 415, 467, 476, 717

HB 278 --Meriwether County; consolidate offices of Tax Receiver

and Tax Collector.--------_----------380, 415, 467, 476, 717

HB 277 --Meriwether County; create districts from which

County Commissioners elected----380, 415, 467, 475, 717

HB 280 --Meriwether County; place certain officials on salary

basis in lieu of fee basis ------------380, 415, 467, 476, 717

INDEX

1353

HB 507 --Miller County; change compensation of members of Board of Commissioners of Roads and Revenue._...-.________.........._582, 653, 773, 798, 993
HB 397 -- Mitchell County; create Small Claims Court ______________________530, 585, 657, 731, 940
HB 471 --Morgan County; change compensation of Assistant Clerks of Superior Court _._--...____.578, 649, 772, 793, 991
HR 109-291--Muscogee County; Georgia Historical Commission authorized to construct museum in .__......._________________..._._.____407, 436, 1162, 1185, 1310
HB 438 --Muscogee County; right and power to condemn small watershed projects on private property......._.._._.___..____572, 644, 771, 789, 1071
HB 18 --Muscogee County; to provide for a First and Second Vice President of the Board of Education .............______.....____.._______.123, 139, 195, 199, 320
HB 483 --Newton County; change compensation of Commissioner of Roads and Revenue._.,,....._____579, 650, 772, 795, 992
HB 572 --Oglethorpe County; compensation members of Advisory Board, County Commissioners--...707, 779, 836, 854, 1074
SB 145 --Paulding County; create Paulding County Water Authority .._.____._...._.....__.__.......___._...943, 956, 987, 1069, 1173
HB 584 --Paulding County; supplement salary of Sheriff ______.._____----------__.__________________762, 839, 936, 949, 1201
HB 470 --Peach County; consolidate office of Tax Receiver and Tax Collector.--..-..__--....--____577, 649, 772, 793, 991
HB 394 --Pierce County; change compensation for County Commissioners ___.___.___.._....__.___-.._..._529, 585, 656, 730, 940
HB 212 --Pulaski County; to change compensation of the Commis sioner of Roads and Revenue.----....311, 345, 417, 422, 988
HR 260-701--Putnam County; election of members of Board of Edu cation; amendment to the Constitution..--_1066, 1163, 1164
HR 185-574--Rabun County; designate Paul A. Green Bridge ___......___.______......._.______._.......___708, 779, 836, 860, 1168
SB 136 --Randolph County; change compensation of Sheriff __..___......__._______.__......._________......._____........___._.865, 867, 905
SB 54 --Randolph County; provide for election of Commissioner of Roads and Revenue._-_......__.______....390, 391, 416, 467, 477
HB 530 --Richmond County; appoint certain court officials ...__._.____._......___.____.............____.639, 711, 836, 850, 1073
HB 640 --Richmond County; authorization to establish and maintain law library _____________......_.__831, 902, 983, 997, 1261
HB 664 --Richmond County; change compensation of certain officials ____.......____________-.______..___.898, 946, 983, 999, 1262
HB 526 --Richmond County; change compensation of Judge of the City Court.__-.....-.____--....638, 710, 835, 848, 1072
HB 531 --Richmond County; change compensation of coroner from fee to salary basis.__.___.__.....____.____....639, 711, 836, 850, 1073

1354

INDEX

HB 532 --Richmond County; provide for secretary to serve judges

of the City Courts.--_......_.,,----____...639, 711, 836, 850, 1073

HB 333 --Rockdale County; change compensation of Ordinary

from fee to salary system..--_459, 489, 540, 543, 863, 876

HB 332 --Rockdale County; change compensation of Sheriff

from fee to salary system---459, 488, 540, 542, 863, 875

HR 78-226--Rockdale County; empower governing authority

to enact ordinances._..........________...-314, 347, 936, 1088, 1310

HB 331 --Rockdale County; increase compensation

of Ordinary........--------_____----458, 488, 540, 542, 861

HB 338 --Screven County; ordinaries shall have

authority to issue warrants in

misdemeanor traffic violations.----.460, 490, 540, 546, 861

HB 43 --Seminole County; relating to compensation

of Treasurer...........--------_--.__.____.... 136, 157, 196, 201, 321

HB 357 --Spalding County; change compensation of Commis

sioners of Roads and Revenue----__463, 492, 540, 546, 862

HB 355 --Spalding County; relating to depository

of county funds

...

463, 492, 540, 545, 862

HB 478 --Stephens County; create Toccoa-Stephens County

Airport Authority..........-..._.___-____,...578, 650, 772, 794, 992

HB 511 --Stewart County; change compensation

of certain officials ._----------..__..__.583, 653, 773, 798, 993

HB 319 --Sumter County; adjust compensation of mem

bers of Board of Commissioners of Roads

and Revenue.------____----------.434, 464, 495, 506, 719

HB 54 --Talbot County; to change compensation

of Tax Commissioner.--------------..137, 159, 196, 201, 321

HB 605 --Tattnall County; change manner in which va

cancies are filled; change compensation of

County Commissioners __.._........___.___765, 842, 936, 950, 1201

HR 234-694--Taylor County; convey certain

property .--------------------..----------933, 1070, 1179, 1304

HB 573 --Tift County; compensation of tax commissioner...... .....707, 779

HB 574 --Tift County; compensation certain officials.....--.-_--_--708, 779

HR 59-151--Tift County; University System of Georgia

convey land to .----------------._._----_ __..___241, 282, 352, 397

HB 42 --Toombs County; create 5-man Board of Commissioners

of Roads and Revenue................... 136, 157, 195, 200, 321

HR 80-249--Turner County Development Authority; create;

amendment to the Constitution--....341, 383, 418, 602, 863

SB 149 --Twiggs County; compensation of Commissioner

and Clerk of Board of Commissioners of

Roads and Revenue ...........____..__....943, 957, 988, 1069, 1178

HB 586 --Union County; change salary of Tax Commissioner _____762, 839

HB 621 --Union County; create office of Tax

Commissioner __------------_.__... ----.828, 900, 983, 995, 1307

HB 546 --Union County; place certain officials

on salary system ....------ ...... 703, 776, 836, 857, 1170, 1223

INDEX

1355

HR 107-283--Walker County; convey certain property .___._-_ - 381, 415, 657, 910, 1169
HB 350 --Walker County; provide for County Attorney _.________.__..__._.._______..._.._____________462, 491, 540, 544, 862
SB 97 --Ware County; change compensation of certain officials.__.___.__663, 739, 781, 983, 1003, 1190, 1220
SB 98 --Ware County; change compensation of Tax Collector and Tax Receiver. _..__.__.___,,___.__________ 663, 739, 782
SB 105 --Ware County; create Board of Commissioners of Roads and Revenue ....._.._.._....___.___..________..._...662, 740, 782
SB 91 --Ware County; create office of Tax Commissioner ___..._... .... ....._.__.___________.._________________663, 738, 781
HB 626 --Ware County; fix salary of County Commissioner ___.___________....______.__________._._____._829, 900, 983, 995
HB 627 --Webster County; change compensation of Commissioner of Roads and Revenue _________________ 829, 900, 983, 996, 1260
HB 370 --Webster County; provide for salary of Commissioner of Roads and Revenue.......................485, 534, 590, 735, 939
HB 369 --Webster County; provide expense allowance for Commissioner of Roads and Revenue ..______ _________________________ 484, 534, 590, 735, 939
HB 371 --Webster County; provide Sheriff with supplemental salary_.______..________________485, 534, 590, 735, 939
HB 498 --Wheeler County; change compensation of Ordinary................................__________581, 652, 772, 796, 993

HB 499 --Wheeler County; change compensation of certain officials .._.._.____....__................ 581, 652, 772, 797, 993

HB 329 --Wheeler County; change compensation of Commissioner of Roads and Revenue __....._.....___ .___458, 488, 773, 799, 988

SB 96 --Whitfield County; contribution to Cherokee Judicial Circuit.............___..____.._.___.___.663, 739, 781, 936, 954

SB 71 --Whitfield County; relating to employment of certain persons ........ _____________________444, 445, 465, 590, 730

HB 134

--Wilkes County; to increase compensation of board members of Commissioners of Roads and Revenue ______________________ 209, 248, 251, 293, 443

COUNTY BOARDS OF EDUCATION

SB 127

--Fix compensation of chairman and members, counties having a population of 16,700 to 16,800 _____________ ____________.......... 864, 866, 905, 1069, 1173

COUNTY BOARD OF TAX ASSESSORS

HB 57 HB 30

--Tax Assessors; shall serve at pleasure of appointing authority________....___.____._.___.. ._.........,, _________138, 159
--Abolish in certain counties ___.... _______ __._125, 140, 195, 200, 321

1356

INDEX

COUNTIES
HB 600 HB 544

--Enactment of Building Codes..----------765, 842, 893, 974, 1304 --Validation of Bonds--------------------703, 775, 834, 1030, 1304

COUNTY OFFICIAL PUBLIC RESPONSIBILITY ACT SB 118 --Provide short title and certain definitions.----.1076, 1116, 1165

COUNTY OFFICERS
HB 416 --Keep records fees and other compensation in addition to salary.----_.___----------.----......--569, 642

COUNTY OFFICIALS HB 594 --Relating to appearance before grand juries.----..----._ .763, 840
COUNTY POLICE SB 90 --Limit certain powers to the county of appointment or election.------------589, 592, 655, 774, 1295
COUNTY PROPERTY RE-EVALUATION HR 272 --Relative to funds for program--._----.--.--.....----..___.................1236

COUNTY TAX
HB 136 --Provide tax for roads in certain counties ..._.--------------------------210, 249, 288, 330, 443

COURT OF APPEALS

SB 7 HB 80

--Judge; change compensation.----.------------.203, 203, 216, 250 --Court of Appeals; Increase number of
Judges from 7 to 9 ----------------168, 197, 834, 1009, 1310

COURTS
SB 60 --Attachment cases; relating to appearance day, trial term, judgment pursuant to default, etc. ...___.--------_.--------------------471, 473, 493, 774
SB 70 --Certiorari proceedings; redefine time and procedure ....--------------------498, 500, 537, 770, 1275
HB 268 --Civil suits; provide for appearance day----........----.--.378, 413 HB 141 --Cobb Judicial Circuit; to change terms of
Superior Court------------------..211, 249, 351, 353, 497 HR 184-571--Committee to study City of Atlanta and Fulton
County Courts ..------------------707, 779, 836, 860, 1166

INDEX

1357

HB 91
HB 467 HB 629 SB 84 HB 80 HB 289 SB 77 HB 75
SB 57 SB 27 SB 59 HB 691 HB 47 HB 93 SB 53 HB 191
HB 146
HB 207 HB 170 HB 200 HB 234 HB 154

--Coweta Judicial Circuit; provide for supplement to compensation of Solicitor General of Su perior Courts________________---___--__---190, 212, 251, 256, 388
--Divorce; custody of children----------------------.--.577, 649, 893 --Divorce; provide for notice of application
to remove disabilities.--------.........------------829, 893, 901 --Election of Justices of Peace ------__---------- 662, 738, 781, 938 --Increase number of Judges of Court of
Appeals from 7 to 9---------------168, 197, 834, 1009, 1310 --Juvenile Court Act; absence of Judge.-..--...406, 436, 466, 747 --Juvenile; Judge of Superior Court shall act as Juvenile
Court Judge, certain counties____._____588, 591, 654, 773, 799 --Piedmont Judicial Circuit; place court
reporter on salary basis in lieu of fee basis----------.-------------------168, 196, 217, 219, 387 --Pleadings; provide for extension of time for filing----------------.._-------471, 473, 493, 771 --Pleadings; remove certain provisions relating to waiver of objections __----___----------_______470, 473, 493 --Redefine situations in which damages must be established-...----.__-__--___----------_---499, 500, 537 --Service qualifications of Superior Court Judge Emeritus--------933, 986, 1162, 1172, 1280, 1283 --Small Claims Court; change certain population and U. S. Census figures.--------------136, 158, 195, 200, 321
--Summonses; provide for servicing by personal service only.---___----------..------------------._.--..190, 212
--Superior Court Clerk shall act as Clerk of Juvenile Court, certain counties.------------------419, 420, 440, 714
--Superior Court Clerks; to define the term "Grantor"; contents of duplicate in dex books--------------------------.--281, 319, 351, 399, 498
--Superior Court Clerks; to provide fees for receiving and disbursing alimony payments .........--................--..----------240, 281, 316, 360
--Superior Court Clerks; to eliminate age requirements for retirement benefits.--------------------------311, 344
--Superior Court Judges; to modify qualifications for appointment Judge Emeritus.........--------245, 285, 351, 446
--Supreme Court of Georgia; to provide eligibility of applicant for admission to practice of law----.....310, 343
--Trials; civil and criminal contempt cases.--__----315, 348, 834
--Trials; to provide for appeals in civil cases without necessity of new trial.--------..----------242, 283, 656, 1125

COURT OP ORDINARY HB 265 --Terms for; not meet on holiday.------__. .377, 412, 467, 510, 710

1358

INDEX

COURT REPORTERS
HB 34 --Superior Courts; reporters allowed certain expenses ............ ..126, 141, 316, 359, 375, 446, 659

COVINGTON, CITY OF

HB 503 HB 100

--New charter_______.___________._______._-____..._...................582, 652, 772, 797 --Change compensation certain officials from fee
to salary system.....................----...____192, 214, 251, 256, 388

COWETA JUDICIAL CIRCUIT
HB 91 --Provide for supplement to compensation of Solicitor General of Superior Courts._____________190, 212, 251, 256, 388

COX, CLEVE
HR 148-447--Name certain boat landing in City of Albany the "Cleve Cox Landing".......... ........573, 645, 773, 798, 1168

CRAWFORD COUNTY
HB 185 --To prescribe and limit compensation of Treasurer_______._.______..__.____._._..__._._____280, 318, 417, 420, 661

CRIMES HB 48
HB 271
HB 247 HB 347 HB 166
HB 648 HB 536 HB 246
HB 106 HB 417 HB 492
HB 217 HB 41
HB 358

--Capital Punishment: to forbid for any person under the age of 18.._....--..._......._.._.....-.-....136, 158, 317, 635
--Defrauding telephone and telegraph companies _....._------_----_--------___.379, 414, 658, 913, 1168
--Escape defined----------------------------.341, 382, 495, 548, 861 --Giving of bad checks; amend Act------------.461, 491, 747, 893 --Misdemeanor to impersonate
Revenue Agents.................................244, 284, 770, 1016, 1262 --Penal offense to drive over fire hose when in use .........833, 904 --Persons convicted not hold public office.................. 640, 711 --Provide penalty for escape of
prisoners ........_._..__.._..._......__._.__.__.____.341, 382, 495, 548, 861 --Receiver of stolen goods may be tried--193, 215, 250, 295, 539 --Repeal Capital Punishment Act..................... .........569, 642, 769 --Reporting of; false report shall be punished
as for a misdemeanor...............................__.........580, 651, 774 --Sales Tax; failure to remit to be offense of felony...... 312, 345 --Solicitation of votes prohibited 200 feet
of voting places.---.-135, 157, 195, 224, 993, 1175, 1205 --Worthless checks; delivery of----.......463, 492, 771, 1029, 1117

INDEX

1359

CRIMINAL CASES

HB 96 HB 95

--Jury; provide in all criminal trials accused shall be sworn as any other witness------_________--------______191, 213
--Jury; provide verdict of guilty or not guilty in criminal cases.----------------------------------------.190, 213

CRIMINAL LAW STUDY COMMITTEE HR 32 --Create -.....--------___________.__________________________147, 218, 292, 386, 455

CRISP COUNTY
HR 162-453--Issue revenue bonds; amendment to the Constitution----------------574, 646, 773, 1094, 1311

CROOKED RIVER STATE PARK HR 119 --Create committee to study----------_____--_ ________________ _.452

CULBRETH, EMMETT R. AND MYRVIN H. HR 82-249--Designate bridge ______--------____________________ 342, 383, 466, 510, 863

GUMMING, CITY OF HB 431 --Change corporate limits .._._______------------571, 643, 771, 788, 990

CURRENT INCOME TAX ACT HB 163 --Act of 1960 amended _______.----------243, 284, 352, 401, 446, 658

D
DAHLONEGA, CITY OF HB 365 --Abolish city wards.----------------.--------484, 533, 590, 729, 939

DALTON, CITY OF

HB 519 HB 642

--Incorporate certain areas__--------------637, 709, 835, 847, 1169 --Provide for closing of Whitfield
Street ______________________ _________________.____831, 902, 983, 997, 1261

DARIEN, CITY OF HB 446 --Close certain streets __________ .------__-- _____573, 645, 772, 790, 990

DAVIS, WILLIS J. HR 277 --Express appreciation to__________ _________________________________________ _____1240

1360

INDEX

DAVISBORO, TOWN OF HB 240 --Extend corporate limits.----.........--------.----------------340, 382

DEATH SENTENCE

HB 48 HB 417

--Capital Punishment; to forbid for any person under the age of 18-------------------136, 158, 317, 635
--Repeal Capital Punishment Act----------------.569, 642, 769

DECATUR, CITY OF SB 101 --Provide for assessment of property----663, 739, 782, 936, 955

DECATUR COUNTY HB 516 --Change compensation of Treasurer...____637, 709, 836, 857, 1072

DECEASED PERSONS SB 95 --Prohibit burying of jewelry with.------------------720, 739, 781

DEEDS HB 59 HB 254

--Prerequisites before admitted to record--.-------------------------138, 159, 252, 295, 308
--Trust estates; to provide for recording of---------------------.376, 411, 466, 743, 1202

DEFENSE AND VETERANS AFFAIRS HR 265 --Committee of the House to study...--_----.__------------------1128

DEKALB COUNTY

HB 696
HB 618
HB 571 HB 309
HB 313 HB 311
HB 408 HB 307 HB 303
HB 304 HB 441

--Acquire property for fire station sites through eminent domain_________--934, 987, 1068, 1081, 1309
--Change population figure relating to County Police------------------767, 844, 1068, 1077, 1306
--Coroners Act; amend..---------707, 779, 836, 854, 1076, 1118 --County Commissioner's Law; change
population figures----..__...----.-.410, 439, 495, 504, 719 --Create Purchasing Department in.------410, 439, 495, 505, 719 --Fix compensation of Commissioner of
Roads and Revenue........----.------....410, 439, 495, 505, 719 --Juvenile Court Act; amend....----....----531, 586, 657, 732, 941 --List of jurors required------. .------.---409, 438, 495, 504, 718 --May charge for heating and air-conditioning
inspections ______........__------____________.409, 438, 494, 503, 718 --May charge for plumbing inspections---409, 438, 494, 503, 718 --Method of determining local financial ability;
Minimum Foundation Program for Education.--..-572, 645

INDEX

1361

HB 301 HB 305 HB 306 HB 315 HB 308 HB 644 HB 310 HB 619 HB 616 HB 615 HB 314 HB 312 HB 685 HB 695 HB 302

--Pay actual cost of feeding prisoners.--408, 438, 494, 502, 718 --Provide field book system for property identification
and evaluation._________-~-~----___-...409, 438, 495, 503, 718 --Provide for tax exemption to owner
of personal property--------------.--409, 438, 495, 503, 718 --Provide pensions for county
employees _------_.___.------__.__...--------411, 439, 495, 505, 719 --Provide for supplementing funds of County
Board of Education.----..--------.410, 439, 495, 504, 718 --Provide for collection of costs
of Superior Court...............----.832, 903, 1068, 1077, 1307 --Provide for approval and recording
of plats.....-------------------410, 439, 495, 504, 863, 976 --Prescribe salary for Chairman of Board of Commissioners
of Roads and Revenue.--------.768, 844, 1068, 1082, 1306 --Prescribe salaries of certain
officials ----------....------.---- .----.767, 844, 936, 952, 1306 --Provide for salaries of Civil Court
employees ._...----------------_..--..767, 844, 1069, 1084, 1306 --Provide for fees of Coroners, Constables
and Jurors....--.....----------.------..-.410, 439, 495, 505, 719 --Relating to position of Chief of
Police --------------------------------410, 439, 495, 505, 719 --Repeal Act establishing Juvenile Courts.------------..932, 986 --Repeal Act relating to plats,
recording, etc.----------..----------934, 987, 1069, 1081, 1309 --Traverse jury list required------.----...409, 438, 494, 502, 718

DEPARTMENT OF COMMERCE
HR 108-291--Create Commissioners for; amendment to the Constitution------...........------------.--.--.....407, 436

DEPARTMENT OF DEFENSE
SR 53 --Land in Baldwin County be transferred by Georgia Forestry Commission.--943, 956, 987, 1070, 1221

DEPARTMENT OF LABOR

HB 524 HB 700

--Employment Security Law; provide certain appropriations ----------..----------638, 710, 768, 871, 1310
--Provide for establishment of Safety Division.------...1065, 1164

DEPARTMENT OF LAW HB 535 --Appointment of Assistant Attorney-Generals--_,,-640, 711, 715

DEPARTMENT OF MENTAL HEALTH HB 152 --Create ......------.._......_..--.........--------.....................

242, 282

1362

INDEX

DEPARTMENT OP PUBLIC HEALTH
HB 343 --Authorize to accept legal title to certain property.--------------.------------------461, 490, 774

DEPARTMENT OP PUBLIC SAFETY

HB 533 SB 156 HB 97 HB 590 HB 39 HB 534 HB 388 HB 596 HB 31 HB 325 HB 32 HB 65 HB 384 HB 81 SB 162 HB 324 SB 158

--Allow condemnation of abandoned vehicles in possession of law enforcement officers.--------.___.___..__._639, 711, 771
--Change basis on which trucks, tractors, etc. are taxed annually.----------------------944, 1008, 1067
--Exclusive authority to make arrests for speeding on State Highways------------________________..191, 213
--Licenses; governing and controlling of ..... ------762, 826, 840 --Licenses, Learner's and Chauffeur's; shall expire
on birthdate of holder.--------.... 127, 141, 316, 357, 715 --Liens for unclaimed vehicles......------.----.........639, 711, 771 --Licenses; prohibit issuance unless vehicle
covered by liability insurance...-- .------....._,,.---- ..__. 488, 536 --Licenses; proration fees for parts of a year
for license fees.............__.__._.__..----____...--.......--__.........763, 840 --Motor vehicles; prisoners not allowed to operate
vehicle without valid license.------_----...----------125, 140 --Motor Vehicles; prohibit issuance of license unless
covered by liability insurance----------------------435, 465 --Motor vehicles; provide reduction in rate of fees
for passenger car licenses.------------.----------------125, 140 --Motor vehicles; provide method of returning for
taxation as tangible property.--..........----------..._ .155, 170 --Motor vehicles; protective measures for discharge of
gravel, sand, etc. on public roads...._--------------.487, 536 --Motor vehicles; to provide for annual inspection.--168, 197, 837 --Provide that timing devices, radar may be used by
State Highway Patrol only....1043, 1115, 1163, 1165, 1280 --Provide for administration of "Unsatisfied
Claims and Judge Fund Law".------------------.----435, 464 --Provide compensation for radio
technicians .... . .. .......----. 944, 1008, 1067, 1163, 1280

DEPARTMENT OF REVENUE
HB 620 --Licenses; provide method of identification by counties...--.----.------___------.------.... .------828, 900

DEPARTMENT OF PUBLIC WELFARE

SB 33 SB 115

--Authorize to match grant-in-aid funds ----------------------------390, 391, 417, 774, 1194
--Establish divisions of State training schools ----------------------------_.784, 805, 845, 938, 1277

INDEX

1363

DEPARTMENT OF STATE PARKS
HB 583 --Transfer to State Game and Fish Commission__________......761, 839 HR 164-460--Jefferson Davis State Park; create local
council to advise with _._._______._.._._.._.___.__.. _576, 648

DIAL, FRED HR 287-704--Compensate _____ ____________. ___.._______.______________________._________1198, 1249

DILLARD, J. D. HR 25-39 --Compensate ...... ................ ........... ... __ 128, 142, 934, 1014, 1305

DISABLED HB 341

--Aid to; provide for physical examination of applicant .......... ________________________________________.........460, 490

DISBARMENT HB 201 --Attorneys At Law; Pertaining to proceedings ............310, 344

DIVORCE
HB 467 HB 629

--Custody of children____________ _______________......_._...___ _______577, 649, 893 --Provide for notice of application to
remove disabilities___......._.____ ____________________________829, 893, 901

DIXON, A. L., JR. HR 181-571--Compensate ______._.____________........................__.___________________.707, 779

DOCTORS SB 76

--Display of license _______________.._.____....._.._._.____________499, 500, 537, 935

DODGE COUNTY

HB 445 HB 440 HB 443 HB 439

--Amend Act creating Office of Tax Commissioner-... _____________.._.________573, 645, 771, 790, 990
--Change certain officials from fee to salary system .__.._____.______________________572, 645, 771, 789, 990
--Change compensation of Clerk of County Commissioners ___________________._______.__.__._.572, 645, 771, 790, 990
--Change Sheriff from fee to salary system _____________________...... _______________572, 644, 771, 789, 990

DONALSONVILLE, CITY OF
HR 61-151--State Highway Department authorized to move certain utility facilities__________________242, 282, 466, 913, 1169

1364

INDEX

DOUGHERTY COUNTY
HB 500 --Consolidate office of Tax Receiver and Tax Collector--------------------581, 652, 772, 797, 993

DOUGLAS COUNTY

SB 126 SR 18

--Coroner; to be placed on salary in lieu of fee system; to employ clerical help----------864, 866, 905, 1069, 1173
--State Parks Department investigate feasibility of new park in Factory Shoals area--..--289, 289, 320, 657, 759

DOWSKY, HONORABLE CLIFF Addressed House.--------.------------------------------------.---1282

DRUGS AND DRUG STORES

HB 67 HB 250

--Georgia Drug and Cosmetic Act; create ----155, 170, 250, 294, 588, 723, 683, 957, 964, 994
--Permit required to operate._____------.-------342, 383, 935, 1038

DUBLIN, CITY OF

HB 505 HB 506
HB 373 HB 131

--Extend corporate limits...------------582, 653, 772, 797, 1076 --Provide for appointment of certain
officers .------_.------...582, 653, 772, 797, 1189, 1264, 1279 --Relating to indebtedness----.----.----....----..485, 534, 590, 736 --To increase ad valorem tax 1 mill for
a period of 4 years----------------.209, 248, 288, 330, 443

DUNCAN, HONORABLE CLARKE W.
Elected to Highway Board.--.__------------------------151 HR 35-JR1--Elect member of Highway Board from
Central Highway District..------------------------------151

DUNCAN, JOHN P., JR. HR 85 --Congratulate ------------------------------.------------337, 386

DUNLAP, SAM R. HR 43-99 --Compensate ....----------------------------.192, 214, 441, 478, 862

E

EAST POINT, CITY OF

SB 88 SR 12

--Amend charter.------------.___----------663, 738, 781, 936, 954 --Convey real property that is now surplus
in East Point, Georgia----...----.419, 419, 440, 894, 1188

INDEX

1365

EASTERN JUDICIAL CIRCUIT HR 123-348--Furnish certain law books.-----------462, 491, 540, 542, 895

EDUCATION (See Schools, Board of Regents, Teachers)

HB 6 --Appointment of local school trustees and authority to

tax locally for public schools------_------------105, 110

HB 466 --Authorize counties to levy tax for certain

school lunch purpose------------_----------------577, 648

HB 537 --Authorization to lease property

up to 4 years----------------------640, 711, 769, 1180, 1303

SB 127 --Boards of: fix compensation of chairman and

members, certain counties------.864, 866, 905, 1069, 1173

HR 136 --Create Committee for further studies--------------517, 773, 885

HR 39 --Condemn signers of petition for intergration at------------173

HB 4 --Contributions to certain private schools and

credit on ad valorem tax------------------------..... 105, 110

HR 69-174--Freedom of association; amendment

to the Constitution----.------------ -246, 286, 287, 333, 443

SR 47 --Joint Committee to study--------------865, 866, 905, 1199, 1292

HB 441 --Minimum Foundation Program; determine local

ability of Fulton and DeKalb Counties------ ....... 572, 645

HB 85 --Minimum Foundation Program of Education;

to provide for increased teachers' sal

aries through State funds------.............................. 169, 197

HB 62 --Minimum Foundation Program of Education; remove

provisions relating to population for determining

amount of funds by local units to pay teachers'

salaries

-------.-------- 155, 169, 494

HB 5 --Minimum Foundation Program and requirements

met by local school boards.------------------------105, 110

HB 126 --Minimum Foundation Program of Education; to provide

manner certain funds expended----.----------208, 247, 540

HR 291 --Public; endorse increased Federal support------ 1285, 1288

HB 25 --Provide financial assistance for school districts

where 3% population is employed by State

of Georgia--------------------124, 140, 743, 967

HB 7 --Pupil placement by governing authority of local districts--.....--------.--------.....--------106, 111

HB 263 --Provide for compulsory school attendance--------377, 412, 494

HB 249 --Provide minimum annual salary for teachers--------341, 383

HR 40 --Relative to mob violence on January 10 and 11, 1961--------174

SB 23 --Repeal Act regulating admission age of students admitted to University System of Ga..------720, 737, 774, 780, 1191

HB 22 --Retroactive service benefits under teacher retirement .--------------------------124, 139, 494, 555, 894

HB 8 --Repeal Acts requiring segregation of the races in the public schools--____------,--------------... 106, 111

1366

INDEX

HB 542 --Regulate school attendance of married students----------------------702, 769, 775, 1203
HB 679 --Relating to grants for school children; not apply certain counties ----------.................... .931, 985
HB 2 --Scholarships provided locally for pupils in private schools.------------------------------------------105, 110
HR 247 --Schools; athletic events, provide proper supervision. ________ 1044 SB 48 --Schools; grants of local and state funds--
implement Constitution----------366, 367, 384, 385, 428 HR 225 --Schools; Attorney General to study
admission requirements.-------------883, 984, 1129, 1304 HR 113-333--Schools may invest sinking funds in certain bonds;
amendment to the Constitution----------------459, 489, 656 HR 114-333--Schools cannot be prohibited to invest in certain bonds;
amendment to the Constitution----------------459, 489, 656 HR 104 --School buses; provide transportation for
children living within 1% miles.------------------------. .372 SB 142 --Schools; repeal Act providing for compulsory school
attendance between ages of 7 and 16------....896, 907, 949 SB 141 --Schools; provide for compulsory school
attendance .__...--..--__--...,,-_.----------------..896, 907, 948 SB 49 --Schools; redefine school systems from which
appeals may be taken .--------------------367, 384, 385, 430 HB 497 --Schools; in certain cases pupils not counted
as transported pupils.--------------.581, 652, 892, 960, 1204 SB 24 --Schools; no child shall be forced to attend
with another race.------------------288, 289, 320, 769, 1277 HB 482 --Schools; provide grants of State and Local funds..--......579, 650 HB 174 --Schools; to provide for suspension
and reopening------------------246, 286, 287, 330, 443, 449 HR 292 --State Training Schools; urge Board of Control
to exercise authority relating to grants to deserving students.----....------------------------... 1291, 1311 HB 599 --Teachers; change provisions relating to members of retirement system--------------------------------764, 840 HB 317 --Teachers; clarify provisions of qualifying for credit for prior service....----------.368, 434, 464, 769, 1167 SB 50 --Teachers; increase salaries....------------------------588, 591, 654 HR 116 --Teachers; provide for salary increase.... .....----...... ----..__--451 HB 598 --Teachers; provide for suspension of payment of retirement benefits----------------_--.----------.763, 840 HB 552 --Teachers; provide for an increase in salaries----------704, 776 HB 568 --Teachers; salary increase borne proportionately from state and local funds.------------------------. 706, 778 HB 560 --Teachers' Retirement System; change provisions for optional service benefits-..---.----.705, 769, 777, 927, 1166 HB 3 --To encourage elementary and secondary education.----105, 110 HB 434 --Textbooks; provide for listing and adoption for use in public schools ..------..------.--------... 571, 644, 892

INDEX

1367

HB 133 HB 125 HR 137

--University System of Georgia; to provide method of selecting students--------------------------------209, 248
--University System of Georgia; to provide payment to students who are expelled------------_----__ - -208, 247
--Veterans; memorializing Congress to extend benefits ..._________----___--------------__517, 541, 555, 660

EDWARDS, HONORABLE FRANK H.
HR 36-JR2--Elected as Legislative Counsel_________-_____________________________--__152 HR 10 --Election, members Legislative Counsel------115, 149, 151, 152
Elected as Legislative Counsel------------------------------------153

EPFINGHAM COUNTY

HB 379 HB 194

--Provide for change in compensation of County Treasurer------__----..----486, 535, 590, 736, 940
--To change compensation of Board of Commissioners of Roads and Revenue .__--------.----309, 343, 417, 421, 661

ELBERT COUNTY
HB 253 --Change compensation of Sheriff from fee to salary system----------------342, 384, 418, 426, 784, 908

ELBERTON, CITY OF

HB 472 HB 473

--Redefine and extend corporate limits _..______--___.----------------------__-578, 649, 772, 793, 992
--Redefine and extend corporate limits ______________________--------------..-578, 649, 772, 793, 992

ELECTIONS (See Voters, Registrars)
HB 28 --Change time limit for name to be retained on registration list.----_____________125, 140, 195, 227, 362, 375
HR 49 --Create Committee to study.------------------185, 252, 292, 386 HR 166-463--Create Committee to study.--_----___--.577, 648, 838, 924, 1203 HB 400 --Nomination by political parties; certain officials--..._530, 585 SB 82 --Primary; provide for designation of name of Presidential
and Vice-Presidential candidates on ballot _._..588, 592, 655 HB 291 --Punishment for offenses._--_--_------_----------------406, 436, 658 HB 41 --Solicitation of votes near polling
places prohibited------135, 157, 195, 224, 993, 1175, 1205 HB 494 --Time for holding State primary.------581, 651, 715, 1180, 1310 HB 171 --Voters Registration Act; amend___245, 285, 317, 355, 662, 664

ELECTED OFFICIALS HR 288-704--No change in compensation during office tenure.------ 1248

1368

INDEX

ELECTION PRECINCTS
HB 515 --Authorize Ordinaries to establish additional election precincts.------------.._------------------63 7,709

ELECTION RETURNS
Report of Tellers.--------------------------------------------121 HR 5 --Joint Session to canvass.-----------------------------------30, 33

ELLARD, GLENN W. Elected Clerk of House.----------------_----_._----------_.--28

ELLIJAY, CITY OF

HB 40 HB 209

--Amend charter.--------------------135, 157, 196, 198, 320, 365 --To provide for change in rate of taxation
within East Ellijay----------------311, 344, 417, 422, 659

EMERSON, CITY OF
HB 113 --Change terms of offices of Mayor and Aldermen ------------------._------..194, 215, 251, 258, 387

EMINENT DOMAIN

HB 293
HB 292
HB 437 HB 294 HB 585

--Condemnation proceedings before Special Master.--------------------------407, 437, 496, 908
--Prescribe procedure for exercise ------------------407, 436, 495, 908, 982, 1017, 1263
--Right of; watershed projects.--------------------.572, 644, 770 --Right of on private property------------------407, 437, 496, 908 --Redefine term "condemning body".----------------762, 838, 839

EMORY UNIVERSITY STUDENT SENATE Communication from.--------------_--------------------------------------------889

EMPLOYEES (See State Employees, State Officials)

HB 221 HB 99

--Create Milledgeville State Hospital Employees' Reimbursement Fund --------------.------...313, 346, 541, 742
--State employees and officials; mileage allowance.----191, 213

EMPLOYEES' RETIREMENT SYSTEM

HB 678
HB 481 HB 259

--Judges of Civil or municipal courts shall become eligible for.------------...--...--------------931, 985
--Provide minimum benefits.------------_--------------579, 650 --State; provide for additional creditable service------376, 412

INDEX

1369

HB 390 HB 429 HB 168 SB 34 HB 169

--State; redefine retirement allowances; limit prior service------529, 584, 1069, 1184, 1267, 1272, 1282
--State; amend; include National Guard civilian employees------------------570, 643, 715, 875, 1166
--State Department of Corrections; to determine eligibility for retirement....--------..244, 284, 351, 398, 539
--State; survivor benefits...,,._..__.._.._......... 539, 541, 587, 938, 1276 --State Board of Corrections; to provide that
Director shall act for employees for retirement provisions....................... 244, 284, 350, 398, 539

EMPLOYEES CASUALTY INSURANCE COMPANY HR 189-599--Compensate -_----........-..._._---._..-__--------------------764, 841

EMPLOYMENT
HB 261 --Right to work; protect from infringement based on age.----.....----------..--..-----------......... 377, 412

EMPLOYMENT SECURITY LAW
HB 524 --Provide certain appropriations to Department of Labor..------_------638, 710, 768, 871, 1310

ESCAPE HB 247 HB 246

--Amend Act to eliminate certain provisions --------..--....----............. 341, 382, 495, 548, 861
--Provide penalty for escape of prisoners ----------_.......... .------------.341, 382, 495, 548, 861

ESCORT SERVICES
HB 641 --Professional; provide for creation of State Board of Examiners..------------..-.--------831, 902

ESTATES HB 151 SB 28
HB 49
SB 29
HB 258 SB 36
HB 232
HB 254

--Application for letters of administration...... .........241, 282, 467 --Amount invested in common
trust funds.-------..-.....------------418, 419, 440, 467, 1191 --Make provisions lease and administration of timber,
oil, gas and mineral....--------------.136, 158, 195, 223, 240 --Provide corporate fiduciary may retain property
owned by the estate _._____----------..418, 420, 440, 467, 1192 --Relating to wife's separate estate._.__........--....._--------...376, 411 --Separate estate of wife; strike provisions prohibiting
binding estate by contract------------418, 420, 440, 467 --Taxes; relating to imposition, assessment and collection
to non-resident decedents-----.--. 315, 347, 352, 446, 658 --Trust; provide for recording of
deeds _....._.----------------------------376, 411, 466, 743, 1202

1370

INDEX

EXPENSES, CAMPAIGN HB 257 --Publication of...--~-_--_-_--_--_-........_.-_____._......---376, 411, 658

EXPLOSIVES

HB 540

--Georgia Safety Fire Commissioner; authorize collection of fee for issuing permits to purchase .__-______________..............__._..__________.__._______.____641, 712, 769

EYE BANKS HB 326 --Establishment of.._.___._______..__.._._..__.___...___.435, 465, 769, 871, 1166

F

FANNIN COUNTY

HB 63 HB 108

--Compensation of Tax Receiver^............. 155, 169, 196, 202, 321 --To provide supplemental salary for
Ordinary _______________._____.___..___._...._.....___. 193, 215, 251, 257, 387

FAIRBURN, CITY OF HB 436 --Close certain streets.............____ ..............571, 644, 835, 845, 1071

FALLIN, LESTER B. HR 229-668--Compensate

.......... ....898, 946

FARMERS' MARKET HR 251 --Committee to study.....................................___._..___._._.......

..1047

FARM PRODUCTS HB 624 --Define certain terms as......... .....__._____...._.......829, 900, 982, 1179

FEDERAL GOVERNMENT

HR 106 HR 218

--Protest position condoning illegitimate births ..._._._.__._._....._..._..._..............._______.____373, 839, 1053, 1304
--Urge to relinquish tax sources ..._._._............______.._.____........._.....878

FIDUCIARIES HB 233 --Income tax to estates, trusts, etc......._..._.____..___...__. ....... 315, 348

FINANCE COMMISSION HB 297 --Create .._._..._....__.........__..._...___.._._._.___.._....__....._______408, 437, 441, 480

INDEX

1371

FINANCES HR 249 HR 283

--Committee; study methods of financing additional services.------------------.... ........1045, 1199, 1227
--Committee to study----------...__..--_----------.--------1243

FIRE HR 246

--Insurance; Committee to study rating procedure ......_._..

-1043, 1248, 1292

FIREARMS SB 132

--Pistol; purchaser must provide certificate of residence....--------_------...___.._..._896, 907, 948, 1175

FIRE HOSE HB 648 --Penal offense to drive over when in use ------.----------833, 904

FIREMEN SB 100

--Provide for source of revenue for pensions _--.------ .------------------_784, 805, 844, 938, 1220

FIREMEN'S PENSIONS HB 606 --Amend Act; include volunteer firemen------------------765, 842

FIRE SAFETY COMMISSIONER HB 540 --Permits to purchase explosives.------------ ------....641, 712, 769

FIREWORKS

HB 419 HB 145 SB 12
HB 9

--Provide for local option for sale and regulation ___________ _569, 642 --To remove certain exemptions.--------......-----------------211, 250 --Relating to sale,
transport, etc.--------252, 254, 278, 286, 350, 1279, 1280 --Remove certain exceptions in regulating
sale of--------------------------.-.----------106, 111, 250

FISH HB 178 HB 196

--Game and Fish Commission; to clarify the definition of big game---------------------------279, 318, 468, 508, 894
--Game and Fish Laws; offenders shall be allowed to enter plea of guilty, certain counties ....--------309, 343, 837

FISHING HB 591

--Prohibit commercial fishing on Sabbath ......... --------------------.762, 837, 840, 914, 1277

1372

INDEX

FISHING LICENSE
HB 44 --Provide for 3-day State-wide non-resident fishing license..--.-...---------_______136, 157, 218, 222, 469

FLOYD COUNTY

HB 421 HB 676 HB 424 HB 425 HB 300 HB 426 HB 423 HB 422

--Change compensation of Tax Commissioner _--______----------._----.569, 642, 771, 786, 989
--Court procedure for traffic violations __----------___------931, 984, 1068, 1079, 1308
--Create Rome-Floyd County Industrial Development Authority..___------570, 643, 771, 787, 989
--Fix compensation of Board of Commissioners of Roads and Revenue..------_----..570, 643, 771, 787, 989
--Increase salary of Judge of the City Court _______.___----______.------------------408, 438, 494, 502, 718
--Provide compensation for members of County Board of Education....----.._______.___570, 643, 771, 787, 989
--Provide for compensation of certain officials _-_.___------------.------__--..570, 643, 771, 787, 989
--Provide for compensation of Treasurer ______--------------------_____.____569, 643, 771, 786, 989

FLYNT, JOHN J., JR., CONGRESSMAN
HR 159 --Express appreciation to..--.--____..--------_____---------------562, 660 HR 30 --Joint Session to hear address by--------..----------142, 202, 519

FOLKSTON, CITY OF SB 111 --To incorporate limits.----...--..--------721, 741, 782, 983, 1007

FOREST PARK, CITY OF

HB 565 HB 655

--Amend Act incorporating------____--706, 778, 836, 853, 1074 --Prescribe its limits and provide for
annexations ____------------------.896, 944, 983, 998, 1261

FORESTRY SOIL CONSERVATION HR 199 --Create Committee to study ............................_....__._752, 1199, 1225

FORSYTH, CITY OF HB 361 --Provide change in corporate limits.................483, 533, 835, 856

FORSYTH COUNTY

HB 177 HB 176

--To change compensation of members of Board of Commissioners of Roads and Revenue ___..__------------------------279, 318, 384, 394, 497
--To provide compensation for Ordinary _._._.__-_----------------------279, 317, 384, 395, 497

INDEX

1373

FORT McALLISTER HE 128-383--Restore --------------_------_------------487, 535, 768, 925, 1167

PORT OGLETHORPE, TOWN OP HB 614 --Enlarge corporate limits-----------........767, 843, 936, 952, 1203

FORTSON, HON. BEN W.
Communications from..----__----------------__--_.__--------------5 HR 305 --Expressing appreciation to...----------_--------_----.------1302

FOSTER, ORSBON Election Contest, Towns County--....-----------.__-------------------------- 11

FRANKLIN COUNTY
HB 637 --Relating to amount of bond of the Sheriff--------------------------831, 902, 983, 997, 1261

FRANKUM, JUDGE JOHN E. Administered oath to Representatives-Elect------------------------------------26

FREE TEXT BOOK ACT
HB 395 --Extend to Georgia Training School for Boys, Girls.----------______529, 585, 769, 867, 1263, 1265

FULTON COUNTY
SB 108 --Board of Education condemnation procedure; amend Act----------720, 740, 782, 1199, 1217
HB 682 --Board of Education; increase pension benefits for teachers and employees of------------------------ 932, 985
SB 107 --Board of Education; invest bonds of--721, 740, 782, 936, 955 HB 701 --Board of Education; provide retirement system for. ..1066, 1164 SB 79 --Civil Service Board; amend--------------471, 474, 493, 657, 730 SB 129 --Commissioners of Roads and Revenue; provide
for election of members.----------------------864, 866, 905 HR 184-571--Courts; provide Committee to study.-.707, 779, 836, 860, 1166 SB 144 --Create emeritus offices for retired heads of departments
of public school system--------_.943, 956, 987, 1163, 1217 HB 161 --Criminal Court; to increase number of assistant
solicitors-general in.----------------243, 284, 384, 395, 497

1374

INDEX

HB 646
HB 659 HB 510 HB 647 HB 206
SB 161
HB 680
SB 109 HB 653
HB 650 HB 692
HB 457 HB 272
HB 652
SB 66 HB 649
HB 651
HB 381

--Employees; provide additional life insurance for .__-.____-_______.._______..___833, 903, 1068, 1078, 1307
--Employees; provide additional pension benefits to________897, 945 --Establish Emeritus officeS-.___-._583, 653, 835, 847, 1263, 1265 --Fi. Fas.; sale of shall be optionaL___..833, 903, 1068, 1078, 1307 --Employees; to establish new retirement
system for___________-_____.______-____________.____.._______.___________.______.._311, 344 --Grants of State and local funds for
school children.__...___.__________._....1043, 1115, 1165, 1249, 1250 --Judges under retirement system; limit
eligibility for benefits certain_____._-....___._______._______..__.931, 985 --Merit System; relating to________________.____..__.___._______......__720, 740, 782 --Park and Recreational Systems;
relating to____________._______._._._..__.___....834, 904, 1068, 1083, 1308 --Pensions; establish rules and regulations relating to.___833, 904 --Plumbers and Steamfitters; Provide for
examination of.____________..____.__________933, 986, 1069, 1082, 1309 --Recreation Authority; obligations for_____.______575, 647, 835, 846 --Retirement income; provide employees
credit for______________._____.___.._._._________379, 414, 983, 994, 1260 --Superior Court; provide administrative
officer of________-_________________..._.-...,...834, 904, 1068, 1079, 1308 --Tax Commissioner; filling of vacancies by_-_,,.--..._444, 445, 465 --Tax Commissioner shall retain control
of all tax deeds................_______-____833, 904, 1068, 1078, 1307 --Teachers' pension and retirement
fund; amend Act.-----_-_--___._._ 833, 904, 1068, 1078, 1307 --Teachers; provide a system of pensions and
retirement pay to ...... ..__....... 486, 535, 983, 995, 1260

FUNERAL SERVICE
HB 386 --Board of; change definitions of "apprentice" and "Funeral Directing"--...-..... 487, 536, 774, 1122, 1175

GAINESVILLE, CITY OF
HB 549 --Change corporate limits.....__._..._...703, 776, 836, 851, 1076, 1250 HR 230-668--Gainesville and Hall County Development
Authority; create; amendment to the Constitution _------____------_._------898, 946, 983, 1101, 1311 HB 548 --Office employees under Civil Service may be between 18 and 35-------.--------------703, 776, 836, 851 HB 547 --Relating to ad valorem taxes..... _____----703, 776, 836, 851, 1073

GAINESVILLE AND HALL COUNTY DEVELOPMENT AUTHORITY

HR 230-668--Create; amendment to the Constitution ... ......................

.898, 946, 983, 1101, 1311

INDEX

1375

GAME AND FISH COMMISSION
HB 639 --Authorize purchase of certain vehicles _____..__________________..______.__...___831, 902, 937, 1122, 1263
HB 178 --Clarify the definition of big game------_279, 318, 468, 508, 894 HR 217 --Create committee to study matters relating to
hunting and fishing licenses___.___--____^_.__^878, 1199, 1226 HB 520 --Election for opening sounds shall not apply
in certain counties--____________,,_________________________637, 709 HB 44 --Fishing license; provide for 3-day State-wide
non-resident fishing license____.._ ....136, 157, 218, 222, 469 HB 196 --Offenders shall be allowed to enter plea
of guilty, certain counties___-__.-____._--.________309, 343, 837 HB 591 --Prohibit commercial fishing
on Sabbath.____.__-__________.__...._______________762, 837, 840, 914, 1277 HB 706 --Prohibit manufacture or possession of certain traps.___.1248 HB 669 --Prohibit manufacture or possession
of certain traps.--_____________..........__._____--..........899, 947, 1163 HB 242 --Provide for a sub-commission from coastal counties__ ___340, 382 HR 144-415--Regulations relative to boating
safety ___-__...._...._....._..______________568, 642, 837, 1724, 1305 HB 45 --State Game and Fish Commission; amend relating
to acquisition of land.____.______._136, 157, 218, 227, 298, 469 HB 583 --Transfer Department of State Parks to.._.....____________.___761, 839

GAMES HB 327

--Billiard and billiard rooms; define__----_---__-435, 465, 838

GARNISHMENT

SB 55 HB 211

--Clarify procedure___.___________...._........_____.__.........471, 473, 493, 1070 --To provide salary of State government employees
may be garnished._..___._........311, 345, 635, 742, 1076, 1258

GAS HB 704

--Liquefied petroleum; deliverer must use sealed metering device,...___._____.._.._..............___.._______1198, 1249

GENERAL APPROPRIATIONS ACT (See Budget Bureau, Finance Commission and Appropriations Act)
HR 147 --Adjournment to study_________-..-....-.____._..-..............______.558, 560, 565 HR 135 --House Bill 90, calling for action on___________--------____________516 HB 90 --Provide for.._.._____.______.190, 212, 589, 665, 682, 1026, 1130, 1204 HR 21-39 --Provide for annually; amendment to the
Constitution ______............__.________..._........__.__.___.._.........127, 142 HR-111-297--Provide for annual preparation; amendment
to the Constitution._______...__.......______.___._____.......____408, 437, 441

1376

INDEX

GENERAL ASSEMBLY (See House of Representatives)

HR 147
HR 153
HR 52 HB 137
HB 138
HR 269 HR 48 HB 156

--Adjournment to study General Appropriations Act --.---------_----_----------------558, 560, 565
--Appropriations Committee; provide for committees and attaches during interim.----------..------------------559
--Chattanooga Inspection Trip by members.---------.----.188, 219 --Committees of; repeal Act; inspection of State
Property and Institutions.--------.210, 249, 252, 294, 470 --Committee of the General Assembly; repeal Act relating
to visits to institutions--...--------.210, 249, 251, 293, 470 --Compensation of members--------...,,.-------------___.....----1196 --Expense allowance of members------------------------------185 --House of Representatives; to reapportion
members --------------.----------..-242, 283, 496, 631, 861

HR 152 --Judicial Officials; continuances granted during recess........558

HR 200 --Legal Counsel to study legislative sessions------.752, 893, 1057

HB 458 --Member shall receive credit on pension as member _------------____.___------_.__--575, 647, 938, 1071

HB 109 --Members excluded from Honesty Government Act----.--------------.193, 215, 316, 359, 469

HR 2 --Notify Governor that General Assembly has convened--...29, 32

SR 16 --Pages; excused absences from public schools when serving..--------------253, 255, 287, 494, 565, 662

HB 323 --Pages; exempt from taking loyalty oath --------....____----------------434, 464, 774, 868, 1166

HR 103 --Provide chairs for----__._._.....--__.----_._----------..,,..--.371, 758

HR 22-39 --Provide for 4-year term for members; amendment to the Constitution.----.----------127, 142, 351

HR 145 --Provide commission to study advisability of reapportionment----------------------556, 654, 658, 1036

SR 86 --Sine Die (5 P. M.) adjournment------------------.-..-1290, 1312

HB 173

--State Librarian; to provide for distribution of General Assembly Acts to municipal attorneys ----------------------------.246, 285, 468, 478, 658

GEORGIA AGRICULTURAL COMMODITIES PROMOTION ACT HB 433 --Create ------.....--------------_----.571, 644, 655, 745, 1189, 1256

GEORGIA COMMISSION ON STATE SOVEREIGNTY AND INDEPENDENCE
HR 214-642--Establish -------------_--------------------832, 902, 935, 1182

GEORGIA DRUG AND COSMETIC ACT HB 67 --Create --------155, 170, 250, 294, 588, 723, 683, 957, 964, 994

INDEX

1377

GEORGIA FORESTRY COMMISSION
SR 53 --Baldwin County; transfer land to Georgia Department of Defense---------943, 956, 987, 1070, 1221

GEORGIA HISTORICAL COMMISSION
SB 5 --Compensation of Secretary------.------------323, 324, 349, 1248 HR 109-291--Construct museum in Muscogee
County ._.._------__..___------------407, 436, 1162, 1185, 1310 HR 128-383--Restoration of Fort McAllister
authorized __----._------__________487, 535, 768, 925, 1167

GEORGIA INDUSTRIAL DEVELOPMENT COMMISSION HB 285 --Create _..__.___._______.____.________..____________,,.__........_._. ____.______.__.__.___406, 435

GEORGIA INDUSTRIAL LOAN ACT HB 380 --Remove certain provisions regarding licensees----.---- 486, 535

GEORGIA INDUSTRIES FOR THE BLIND HB 490 --Create _______________--._......._..------,,..___.-._....._.__................_. .580, 651

GEORGIA INSURANCE CODE OF 1960

HB 336 HB 459 HB 460

--Amend so as to provide insurers may invest in Revenue Bonds____________________460, 489, 528, 656, 806, 1202
--Amend; penalty to insurers for failure to pay claims..--------------------------------------------.576, 647
--Amend; provide for direct action against insurers _ 576, 648

GEORGIA MILK COMMISSION

HB 643
SB 78 HB 670

--Prescribe how producers shall be paid for milk sold to distributors......................--832, 892, 903, 971, 1203
--Relating to sale of milk to school institutions----__720, 738, 781 --Regulate sale, inspection, importation
and distribution .._.____............_...... 899, 947, 982, 1121, 1310

GEORGIA MOTORBOAT NUMBERING ACT HR 144-415--Regulate .._,,...__...__.. ....__.___.___________________,__568, 642, 837, 1274, 1305

GEORGIA MUNICIPAL ASSOCIATION HR 160 --Express appreciation to-_......_,.__________--------_........_________--563, 660

GEORGIA OFFICIAL AND STATISTICAL REGISTER HR 33 --Prepare ____.___.___....___.._..._......--____________.__----___..._....._....------ 143, 202

1378

INDEX

GEORGIA PETROLEUM COMPANY HR 92-269--Compensate ..........._....._....................._..__..379, 413, 768, 971, 1203

GEORGIA POLICE ACADEMY HR 216-642--Create Committee relative to establishment of................832, 903

GEORGIA POST MORTEM EXAMINATION ACT HB 360 --Provide for certain exemptions............483, 533, 713, 972, 1202

GEORGIA PRISON INDUSTRIES ACT

HB 153

--To allow for manufacture and sale of certain items to Veterans' Or ganizations .....................................242, 282, 657, 823, 1071

GEORGIA PRODUCTS HR 264 --Encourage use of. .. ....... . .. ...... ........ ................ ........ 1127, 1204

GEORGIA PROFESSIONAL SERVICE ASSOCIATION ACT SB 92 --Define ................................. ..721, 739, 781, 838, 1194, 1218, 1267

GEORGIA REAL ESTATE INVESTMENT BOARD

HB 230 SB 86

--Abolish

. ...........314, 347, 770, 1026, 1262

--Prescribe conditions under which application

fees refunded ____.__.._.................................. .-539, 541, 588, 770

GEORGIA SAFETY FIRE COMMISSIONER
HB 540 --Authorize collection of fee for issuing permits to purchase explosives................__...__..._._.. --..-.641, 712, 769

GEORGIA SAVINGS LOAN LEAGUE HB 118 --Ed Hiles; express appreciation to .... .. . ...................452,539

GEORGIA SECURITIES ACT

HB 142 HB 402

--To provide for changing and 'clarification of requirements for exemption..______________ 211, 249, 398, 993
--Insurance companies; invest 75% in Georgia Securities ..._._.._..-..... ......530, 586

GEORGIA SEED LAW HB 597 --Provide labelling to show actual germination..._......_...._..763, 840

INDEX

1379

GEORGIA STATE HIGHWAY AUTHORITY HB 1 --rename authority, issue bonds..............-105, 110, 129, 130, 218

GEORGIA STATE PATROL

SB 158 SB 162

--Provide compensation for radio technicians ----._.._.... _..._...___...__944, 1008, 1067, 1163, 1280
--Use of Radar or Timing Devices on Highways __..___...._.._._____________._.__1043, 1115, 1163, 1165, 1280

GEORGIA TRAINING SCHOOLS FOR BOYS, GIRLS
HB 395 --Free Text Book Act; books to ....... ............ ..___________________.529, 585, 769, 867, 1263, 1265

GEORGIA TRAINING SCHOOL FOR MENTAL DEFECTIVES AT GRACEWOOD
HB 493 --Change name to Gracewood State School and Hospital ._...__.....___.___._..._._.................580, 651, 770, 912, 1167

GETTYSBURG AND ANTIETAM
SR 27 --Place monument at ..........._....__...__......419, 419, 440, 894, 1062 SR 21 --Place monument at...................................._._...___--------324, 326, 350

GILMER COUNTY

SB 15

--Change compensation of Commis sioner of Roads and Revenue and Advisory Board .........._____.___..___323, 325, 349, 418, 427

HR 180-571--Furnish certain law books..._._..___......___...707, 779, 836, 860, 1075

HR 28-51 --Name bridge Coosawattee River, "Cobb" ............................................... 137, 158, 351, 397, 862

GLYNN COUNTY

HB 654 HB 407
HB 406
HB 117

--Change population figures relating to tax for roads ._896, 944
--Compensation of members of Board of Commissioners of Roads and Revenue.__.__..___________.___.531, 586, 657, 732, 941
--Place Coroner on salary in lieu of fee system __.____.___.._._.___-.__._..______._________.____531, 586, 657, 732, 941
--To change compensation of certain officials .............................. ...._._.____..._._..._.. 195, 251, 259, 387

1380

INDEX

GORDON COUNTY

HB 622 HB 130 HB 129 HB 128

--Authorization to levy a tax not to exceed 3 mills _.--------..------.--_,,_----------828, 900, 983, 995, 1260
--To increase compensation of Commissioner of Roads and Revenue ._----___.----------209, 248, 288, 329, 443
--To change compensation of Sheriff from fee to salary basis.............__--------------.209, 248, 288, 329, 443
--To create Office of Tax Com missioner ._......_._.____.........__-_._.._.._._.....209, 248, 287, 329, 442

GORDON, JOHN B. SR 22 --Relating to statue ....._....__.......................324, 326, 350, 984, 1060

GOVERNMENT EMPLOYEES

HB 211

--Garnishment; to provide salary of State, government employees may be garnished.............___311, 345, 635, 742, 1076, 1258

GOVERNORS
HR 65-171--To allow to succeed themselves in office; amendment to the Constitution........--------------..___--__245, 285, 385, 632

GOVERNOR'S MANSION
HR 235-694--Create Committee relative to construction of new .......... ..._._...___._.__................_____._.....934, 1199, 1227, 1305

GRACEWOOD STATE SCHOOL AND HOSPITAL

HB 493 HR 256

--Name changed from Georgia Training School for Mental Defectives at Gracewood ------------------------580, 651, 770, 912, 1167
--Committee to evaluate future needs at Gracewood..--------1050

GRANT-IN-AID FUNDS
SB 33 --Department of Public Welfare authorized to match __...------------------------.390, 391, 417, 774, 1194

GRAY, TOWN OF
HB 396 --Change certain streets--------------------529, 585, 656, 731, 940 HB 412 --Change name from Town of Gray........_532, 587, 657, 733, 941

GREEN, HONORABLE PAUL A. HR 185-574--Designate bridge in Rabun County----708, 779, 836, 860, 1168

INDEX

1381

GREENE COUNTY

HB 410 HB 411
HB 409

--Certain officials; salaries,._____.........532, 587, 657, 733, 942, 873 --Consolidate offices of Tax Receiver and Tax
Collector ._-......._____._......-...__-____-.___.._.532, 587, 656, 728, 941 --Relating to Board of Commissioners of Roads and
Revenue .._................_._._....................___532, 587, 656, 726, 941

GRIFFIN, CITY OF

HB 83
HB 84 HB 356 HB 82

--Change qualifications and election of members of Board of Commissioners ...._______--......._-_.__169, 197, 217, 220, 388
--Change amount of appearance bonds_^169, 197, 217, 221, 388 --Establish City Court__-..--.-....-_______.__.463, 492, 540, 545, 862 --Increase corporate limits _.........._._.._..____169, 197, 217, 220, 388

GRIFFIN, EMORY E. HR 209-614--Compensate ._..........._..._.......__.___-._.......__.__._.......,,....._.._...___._.767, 843

GUARDIANS
SB 153 --Workmen's Compensation Board; provide for appoint ment for incompetent claimants.____...--.....____944, 1008, 1067

GUYTON, CITY OF
HB 192 --To change name from Town of Guyton __.__.._........___.___.-....-___.__..........308, 343, 417, 421, 661

GWINNETT COUNTY
HB 579 --Create office of Tax Commissioner.--708, 780, 836, 855, 1074 HR 179-541--Furnish Superior Court certain law
books _.__._._.. .....__.._..__.........-_._-....-._....641, 712, 836, 859, 1075

GWINNETT JUDICIAL CIRCUIT HR 178-541--Furnish certain law books ....__.____....._.... 641, 712, 836, 859, 1166

H
HABERSHAM COUNTY
HR 232-668--Election of members of Board of Education; amend ment to the Constitution .__,,......_.__..___.____.899, 947, 983, 1104

HACKNEY, H. I. HR 81-249--Compensate

.-.___.....-..

341, 383, 589, 819, 1075

1382

INDEX

HAIRDRESSERS
HB 657 --Prescribe certain qualifications before taking examination ..__....._. . ....... 896, 945, 982

HALL, BILL (Lieutenant General)

Addressed House .........__._............... ...____..._.._...

1282

HALL AND SONS MILLING COMPANY HR 212-642--Compensate . ..... ... _._....._.__._._..._..__........................... ....... 831, 902

HALL COUNTY
HB 444 --Change compensation of members of Board of Commissioners of Roads and Revenue _____________.___._..._._... ________._573, 645, 771, 790, 990
HB 435 --Change days for regular meetings of County Commissioners _________________________ ___.______571, 644, 771, 789, 990
HR 230-668--Gainesville and Hall County Development Authority; create; amendment to the Constitution .____________.________________......898, 946, 983, 1101, 1311

HAMILTON, GEORGE B.
HR 34 --Commend _____.___.-..._.............._.._...____......................_._._._.........143, 202 HR 306 --Expressing appreciation to..... --......-_-_..._.___..___.......... .. ..........1302

HAMPTON, CITY OF HB 576 --Close certain streets ..... .................. 708, 780, 836, 854, 1169

HAPEVILLE, CITY OF

SB 46 SB 47 SB 45

--Extend city limits........

389, 391, 416

--Provide Time of elections............_.._....._..389, 391, 416, 936, 954

--Provide for assistant City Recorder ....389, 391, 416, 936, 954

HARALSON COUNTY
HB 148 --To change compensation of the Commissioner of Roads and Revenue.. ........._.__..__.__.. 240, 281, 351, 353, 497

HAREN, MRS. JUD S. HR 29-51 --Compensate ................... 137, 158

HARPER, S. CURTIS HR 149-447--Compensate _._...-....-..._.._.._.....__ 573, 646, 768, 972, 1203

INDEX

1383

HARRIS COUNTY HR 112-316--Sale by State of certain land.-..--..----------411, 440

HARRISON, DR. EDWIN D.

HR 131

--President, Georgia Institute of Technology; express appreciation to _------.__----------.___,,_--_----.........472, 564
Address by __--_._- _-.___.._ ___.---__ _..._. ....-339

HARRISON, MRS. G. R. HR 83-249--Compensate _____ _______________________________ ...342, 383, 768, 971, 1203

HART COUNTY
HR 170-511--Superior Court furnished certain law books ______.._----.----_..._.--------_..........584, 654, 773, 799, 1170

HARTSFIELD, MAYOR WILLIAM B.
HR 161 --Express appreciation to ....--____________..__--.________________... __--563, 660 Presented to House..__------_--____ _..________----__________________.433 *
HAWKINSVILLE, CITY OF
HB 213 --To change city limits ____________ 312, 345, 417, 422, 994, 1251

HAZLEHURST, CITY OF SB 40 --New charter

.... ----_.__...------389, 391, 416, 467, 477

HEALTH AND HEALTH DEPARTMENT
HB 703 --Boards; provide for giving of blood tests to students under certain conditions ______ 1198, 1249
HB 152 --Create Mental Health Commission_________--------_____________ 242, 282 HR 20-39 --Create Mental Health Study Committee _________..__.------__127, 142 HB 326 --Established eye banks----...... -_______----.435, 465, 769, 871, 1166 HB 287 --State Board; provide payment for cost of support,
care, etc. .._._____ _.--------_----------.-- _..,,.. 406, 436 HB 189 --Substitute Birth Certificates for adopted
children ...__----------...._..------...._.._._ 280, 319, 351, 399, 564

HEALTH AND HYGIENE HR 252 --Committee to study

___________________ ______1047, 1199, 1233

HEALTH INSURANCE PLAN HB 514 --Authorize for State employees ____...____.. 637, 709, 715, 823, 993

1384

INDEX

HEATING HB 625

--Warm Air Heating Equipment; remove certain counties from applicability_..,,,,_.._..._..._..__..829, 900

HEIRS HB 151

--Letters of Administration; relating to applications for letters of administration__..___.___._......__._____.241, 282, 467

HENDERSON, MAE DELL HR 79-249--Compensate .....-.-.-.-.-..-.....-.-_____.__.._.___.._...._..__......._.._ 341, 383

HENRY COUNTY

HB 487 HB 486 HB 14
HB 575
HB 577

--Change compensation of Coroner____...__.._580, 651, 772, 796, 992 --Change compensation of Treasurer.,--...579, 651, 772, 796, 992 --Compensation of the Sheriff, the Clerk
of the Superior Court and the Or dinary __..____._....__._.____._._........._.....___.___.107, 112, 160, 163, 253 --Create Henry County Water Authority .---.....-..-.-.--.-.._....._..._.708, 780, 836, 854, 1169 --Relating to building and other codes..-708, 780, 836, 854, 1J69

HIGHWAYS (See State Highway Department, Motor Vehicle)

HB 155 HR 250 HR 158 HB 97
HB 1

--Advertising on; control of outdoor.......____......_....... .........242, 283 --Committee; to study economic effect of hard surface roads...1046 --Create committee to study...--._____..__.___...____...._ 562, 937, 947 --Department of Public Safety; make arrests for
speeding on .-------------_,_____._______.__._.._......._..,,......_. 191, 213 --Georgia State Highway Authority; rename authority,
issue bonds ________________ ........................105, 110, 129, 130, 218

HB 104 --Motor Vehicles; unlawful to race or engage in a contest of speed............ .............192, 214, 468, 546, 994, 1252

HB 401 --Municipalities provide maintenance, certain streets and highways, certain counties _______.__.530, 585, 769, 1010, 1202

HR 138 --Raise minimum wage of maintenance crews ..........-.----.--..--....________._._._.518, 1199, 1229, 1311

HB 220 --Relocation of Utilities... .^._..._..,_.___........313, 346, 466, 825, 1168

SB 1 --State Highway Board; lease contracts under certain Authority Acts _.....-.............._._.__._..._._______.150, 153, 160, 171

HB 38

--State Highway Board; to provide members be elected by qualified voters in respec tive districts _._..__.....----........._._............__...._.__._126, 141

HB 81 --Uniform Act regulating traffic on; amend act .....168, 197, 837

HR 168-511--U. S. Highway No. 29; designate portion as "McMullan Boulevard" .._._._.,,_...____ 583, 654, 769, 914, 1168

INDEX

1385

HIGHWAY DEPARTMENT
HR 61-151--Authorized to move certain utility facilities, City of Donalsonville _____________.___________..242, 282, 466, 913, 1169
HR 177-538--Convey certain property to Mr. Charles Wheatley in Sumter County.----------------641, 712, 838, 910, 1170
HR 9 --Election of members___.______.___.___________..__............115, 149, 150, 151 HR 35-JR 1--Elect member from Central Highway District --
Hon. Clarke W. Duncan ......--------......____--151 HB 275 --Prescribe duties, etc. of Chairman, Engineer and
Treasurer -----------_.___----._----_____------380, 414 HB 378 --Provide minimum work day and week for
maintenance crews _____________________________________486, 534

HILES, ED HR 118

--Georgia Savings Loan League; express appreciation to ___________----------------_,,_------....452, 539

HIXON, HORACE HR 306 --Expressing appreciation to.----------..--..--__--------------------1302

HOBBY, LEON P. HR 300 --Express sympathy for passing of.......--.......................--..........1299

HOLCOMBE, MISS BEVERLY Forestry Queen; address to House----------------------------890

HOLIDAY HB 23

--Declare May 30th a holiday.--.------.----------------_----124, 139

HOLLY SPRINGS, CITY OF HB 688 --Change corporate limits......................933, 986, 1068, 1080, 1309

HOME RULE LAW, MUNICIPAL HB 15 --To provide for self-government........--.....................109, 128, 541

HONESTY IN GOVERNMENT ACT
HB 109 --Excluding members of General Assembly in certain cases --__---------------.____-___.....193, 215, 316, 359, 469

HONEY BEES HB 569 --Provide for payment of bees destroyed--------------706, 778

1386

INDEX

HOSCHTON, CITY OP HB 673 --Decrease corporate limits_........._--__.930, 984, 1068, 1079, 1308

HOSPITAL ADVISORY COUNCIL FOR CONSTRUCTION, LICENSURE AND INDIGENT CARE
SB 117 --Increase membership, change compensation of members _.___._._.___.----________.._.__.----__785, 805, 845, 935, 1276

HOTELS HR 201

--Request to reduce rates on Saturday and Sunday ------ .__------------_,_------_--------........753, 935, 1062

HOUSE OF REPRESENTATIVES (See General Assembly)
HR 289 --Adjourn Sine Die at 3 P. M..__--__-----------._-.. .1265, 1311 HR 6 --Adopt Rules of House ____.------_--.._-__--._----------._.----34 HR 193 --Amend House Resolution No. 3----------._------.___....._..._----748 HR 132 --Amend Rule 39_____-_.__________________._.--.--._-......._-...._-_._._.__-_-_-...-.514 HR 7 --Amend House Rule 125..........---------------__--------_............__._104 HR 26-39 --Amend Rule 212-___.--_--------__...._..----..._-......-.__._----..128, 142 HR 3 --Attaches; compensation _____________.--------__----__.___._..._..___._ ...____29 HR 1 --Notify Senate that House has convened...-..........--_._.__._----.29 HB 156 --Reapportion members ___--___--------__242, 283, 496, 631, 861 HR 268 --Relative to appropriate dress in house chamber..__...._._..___. .1171 HR 154 --Relative to attaches.---..........--.----------.--_...___----___...._..559 HR 244 --Relative to Personnel and Committees; stay-over
resolution ______________________________________________________________________________1055

HOUSING AUTHORITIES (See Authorities)

HB 389 HB 36

--To declare corporate and politic...................--.........488, 536, 938 --State Housing Authority Board; abolish, validate acts
of public officers _------____.------126, 141, 385, 508, 715

HOUSTON COUNTY
HB 180 --Repeal Act known as "Houston Tax Receiver" _...._________________________.___._._279, 318, 384, 394, 498

HOWARD, BEN, JR. HR 174-538--Compensate __..._..._..__.._........._................................... .............640, 712

HOWARD, FISH HR 66-171--Compensate ................._..------......... . .... 245, 285, 589, 810, 1075

HUGHES, J. CLIFF HR 206 --Express sympathy for passing of .. ........................................756

INDEX

1387

HULL, TOWN OF
HB 157 --To grant authority for franchises and licenses .................. -- -.............243, 283, 351, 353, 497

I

ILLEGITIMATE CHILDREN

HR 121 HR 106

--Create committee to study laws-------------------- -- . --454 --Welfare benefits; protests position of
Federal Government condoning il legitimate births ------------------373, 839, 1053, 1304

ILLEGITIMACY HR 224 --Create Committee to study-----.----------------883, 1199, 1226

INCOME TAX

HB 140
HB 233 HB 539 HB 554 HB 496 HB 255
HB 567
HB 163
HB 231 HB 199 HB 147

--Amend Act to allow certain

deductions ..

210, 249, 352, 398, 1076, 1176, 1205,

1218, 1221, 1311

--Application to fiduciaries, estates and trusts.._._______,,._.315, 348

--Deduction to cooperative housing corporations.----------641, 712

--Increase tax rate on certain income brackets----------704, 777

--Provide deduction of Federal income tax--------..----581, 652

--Provide exemption for real estate investment

trusts -----__----------.--------..376, 411, 775, 1026, 1303

--Provide for 5-year moratorium on collection for

certain corporations ...------,,------__--_------.,,..----706, 778

--Relating to employee refunds and

credits _------.------_------------.243, 284, 352, 401, 446, 658

--Relating to levy, assessment and collection.------,,------315, 347

--To provide for deduction of Federal income taxes----.. 310, 343

--To provide exemptions for members of armed services---240, 281

INDUSTRY
HR 171-511--Create Committee to study establishment of.------584, 654, 654 HR 156 --Create Committee to study ...----_--------------..--...-------.560 SB 99 --Promote growth by limiting restrictions as to interest
rate in borrowing money..--.----865, 867, 906, 1200, 1266

INDUSTRIAL DEVELOPMENT COMMISSION, GEORGIA HB 285 --Create ._.-..--......------ ........._.-....----..-------------------406, 435

INDUSTRIAL LOAN ACT, GEORGIA HB 380 --Remove certain provisions regarding licensees---------486, 535

1388

INDEX

INGRAM, DR. IRVING S. HR 294 --Commend --------...._.----------_....__---------------- . . 1295

INSTITUTE FOR LEGISLATORS
HR 17 --Express appreciation for dinner----------_---___-------119, 149 HR 16 --Express appreciation to._--------------------_..._--_...,,.118, 149

INSTITUTE OF LAW AND GOVERNMENT HR 15 --Express appreciation to--------------------_----.___--118, 149

INSURANCE
HB 290 --Attorney's fees arising out of bad faith------------406, 436, 467 HB 402 --Companies; invest 75% in Georgia Securities.----_--.530, 586 HB 336 --Code of 1960; amend so as to provide
insurers may invest in Revenue Bonds .......----------------------.460, 489, 528, 656, 806, 1202 HR 276 --Committee; extend time for committee to study matters relating to insurance.----------_--_------------1239 HR 198 --Committee to study problems relating to uninsured motorists ..........._.......___----.._..----_._.751, 893, 1059 HR 165-463--Create Committee to study matters relating to........--.576, 648 HR 143 --Create Committee to study matters relating to.----------513, 565 HR 31 --Create Committee to investigate matters relating to --_----_________--------_________------________145, 195, 229 HB 460 --Establish new law; provide for direct action against insurers --------.----------.--..-_----_--...._----.576, 648 HR 246 --Fire; committee study rating procedure.----....1043, 1248, 1292 HB 514 --Health Insurance Plan; authorize for State employees ...._----....----------------637, 709, 715, 823, 993 HB 64 --Insurer's Certificate of Authority; prescribe causes for revocation and suspension.--------------------156, 170 HB 663 --Prohibit a farmers' mutual fire insurance company from accepting reinsurance of risk ___------__-- ......897, 946 HB 459 --Provide penalty to insurers for failure to pay claim.--576, 647 HR 195 --Self; request Governor to implement sound program--.----..749

INSURANCE COMPANY

HB 98 HB 198

--Unlawful to issue or renew automobile collision insurance under certain conditions------..---------..191, 213
--Unlawful to communicate with accident victims ---.--_--.............----------309, 343, 714, 872, 890

INSURER'S CERTIFICATE OF AUTHORITY HB 64 --Prescribe causes for revocation and suspension----..-- 155, 170

INDEX

1389

INTERROGATORIES SB 56 --Discovery and disposition of--_..-----~--~-499, 500, 537, 771
INVESTMENTS BY EXECUTIVES, ADMINISTRATORS, ETC. SB 29 --Property owned by estates.--.._------418, 420, 440, 467, 1192

IVEY, MRS. FRANCES S. HR 93-269--Compensate ___.._______.----------------------379, 414, 589, 816, 1075

J

JACKSON COUNTY

HB 674 SB 159

--Relating to office expenses of Sheriff....----931, 984, 1163, 1171 --Relating to office expenses of
Sheriff _ ______.__----.......1043, 1115, 1163, 1165, 1217

JANES, DR. JAMES B. HR 99 --Honor memory of------------------------------369, 655, 757, 942

JEFFERSON, CITY OF
HB 662 --Change time for making returns of property for taxation -------- .......--------------897, 945, 983, 998, 1308

JEFFERSON DAVIS STATE PARK
HR 164-460--Create local council to advise with the Department of State Parks.__________________----------.----------576, 648

JENKINS COUNTY HB 13 --Compensation of Ordinary------------.------107, 112, 160, 163, 253

JESUP, CITY OF HB 135 --To extend corporate limits.--------------210, 248, 384, 392, 497

JEWELRY SB 95 --Prohibit burying of, with deceased persons--------720, 739, 781

JOHNSON COUNTY

HB 351 HB 354 HB 353 HB 352

--Change population figures relating to County Commissioners ------------------------462, 491, 540, 544, 783
--Tax Collectors entitled to commission of 10% on all col lections in excess of 80%----_..----463, 492, 540, 545, 783
--Tax Collector paid from ad valorem school tax ..-----------------------------------463, 492, 540, 545, 783
--Tax Receiver paid from ad valorem school tax ........ ...._.--------------------------_..462, 491, 540, 544, 783

1390

INDEX

JOINT SESSIONS

HR 5 --Canvass election returns........_,,._____________._..__...__..____30, 33

HR 11 --To hear address by Honorable Bert Combs,

:

Governor of Kentucky_____________________________..._._.__116, 149

HR 30 --To hear address by Honorable John J. Flynt, Jr..-142, 202, 519

HR 53 --To hear address by Governor----.... ._..__.,.____.____.._..188, 219

HR 10 --To elect Legislative Counsel.......------______ .......115, 149, 151, 152

HR 9 --To elect members of Highway Board......_._..__115, 149, 150, 151

HR 97 --To attend concert of Atlanta Symphony Orchestra---- 368, 419

HR 4 --To hear address by Governor S. Ernest Vandiver__...._..... . 32

JONES, BOISFEUILLET HR 221 --Congratulate __________________________________________ ...___.881, 1199, 1231, 1305

JONES, WANDA HR 110-291--Compensate

.........._..._..__..__...------........__407, 436

JUDGES HB 456 HB 678 SB 7 SB 6 HB 691 HB 170 SB 164 SB 6

--Benefits to widows of Judge of Superior Court, Emeritus ._,,...-....._...._..--____________......................_____._._._._.575 I 647
--Civil or municipal courts; eligible for Employees' Retirement System _......____.____.______.____._........ ........._._____931, 985
--Change compensation of Judge Court of Appeals __________-_-.....__...._.__.___.______.___.______._203, 203, 216, 250
--Method of computing retirement for Judge of Supreme Court .-.....__._...__. __.__.203, 203, 216, 316, 356, 470
--Modify service qualifications of Judge of Superior Court, Emeritus............... 933, 986, 1162, 1172, 1280, 1283
--Superior Court Judges; to modify qualifications for Judge Emeritus__..__.___.___._______...__.... ......245, 285, 351, 446
--Superior Court; supplement salary in certain counties _..........._........___.._...__..___..1174, 1190, 1199, 1200, 1250
--Supreme Court; method of computing retirement ..................___________.___.203, 203, 216, 316, 356, 470

JUDICIAL CIRCUITS

HB 284 SB 16

--Place Solicitor-General of Atlanta Judicial Circuit on salary basis.______._______.._..__.__....__.___.381, 416, 467, 477, 895
--Office space and secretarial assistance provided for Judges Emeritus, At lanta Judicial Circuit............323, 325, 349, 467, 725, 865

INDEX

1391

SB 35 HB 638

--Change number of Judges of Augusta Judicial Circuit ------------_------_------389, 390, 416, 541, 964, 1077
--Fix compensation for assistant solicitor-general of Cobb Judicial Circuit--------------831, 902, 983, 997, 1261

HB 260 --Provide for additional Judge, Cobb Judicial Circuit ------------...-......__..-___..__------376, 412, 467, 506, 716

HB 141 --Change terms of Superior Court of Cobb Judicial Circuit .._..._.__...__..__..__.......___.._._._...__._. 211, 249, 351, 353, 497

SB 137 --Expenses of Assistant Solicitor-General, Tallapoosa Judicial Circuit.._.__..____.____ .865, 867, 906, 1069, 1249

HR 90-269--Furnish certain law books to Cobb Judicial Circuit ..--------,,----------...._....--378, 413, 468, 477, 719

HR 123-348--Furnish Law books to Eastern Judicial Circuit --------------------------------..462, 491, 540, 542, 895

HR 178-541--Furnish Law books to Gwinnett Judicial Circuit ._..................__.._.--....----------641, 712, 836, 859, 1166

HR 236-694--Furnish Law books to Macon Judicial Circuit __--------------------------------934, 1068, 1088, 1304

HB 617 --Mountain Judicial Circuit; salary of Court Reporter ----------------------_767, 844, 936, 952, 1267, 1274

HR 213-642--Furnish certain Law books to Mountain Judicial Circuit ._........_.--------_------ ...----_-832, 902, 983, 1003, 1262

HB 382 --Southern Judicial Circuit; salary of Solicitor _....._....__..._.------__._.._----......486, 535, 590, 737, 1306

HB 227 --Compensation of Judge; Northern Judicial Circuit ....._..----..--------._-........----314, 347, 467, 474, 894

HR 169-511--Furnish Law books to Northern Judicial Circuit --------------------------------583, 654, 773, 798, 1170

HB 75 --Piedmont Judicial Circuit; place court reporter on salary basis in lieu of fee basis..----168, 196, 217, 219, 387

HB 34 --Superior Courts; reporters allowed certain expenses ................... .....126, 141, 316, 359, 375, 446, 659

HB 91

--Coweta Judicial Circuit; provide for supplement to compensation of So licitor-General of Superior Courts.-190, 212, 251, 256, 388

HB 298 --Increase salary of Assistant Solicitor-General Rome Judicial Circuit................__----408, 437, 494, 501, 717

HB 525 --Solicitor-General to provide additional compensation; certain counties ..--------.----------. 638, 710, 835, 848, 1169

HB 10 --Southern Judicial Circuit; salary of Judges .._----_------.__----__.______._...........106, 111, 144, 150, 289

HB 226 --Tallapoosa Judicial Circuit; change time of holding

Superior Court ----------_------------313, 346, 418, 424, 659

HB 366 --Western Judicial Circuit; salary of Solicitor ------..__..----._..----------...484, 533, 590, 734, 1168

1392

INDEX

JUDICIAL OFFICIALS

HR 152 --Continuances granted during recess of General Assembly--.558

JURIES AND JURORS

HB 60 HB 581 HB 96 HB 95 HB 290 HB 334

--How names shall be selected from jury box; certain counties ----------------------139, 159, 196, 201, 321
--Relating to when it is proper to direct verdicts in Jury trials.----------------------761, 834, 839, 960, 1204
--Provide in all criminal trials accused shall be sworn as any other witness----------------------______------.191, 213
--Provide verdict of guilty or not guilty in criminal cases ----------------------------------------------------190, 213
--Provide for fixing of attorneys fees by trial jury ----------__..----____----______----------------406, 436, 467
--Provide for appointment of Commissioners, certain counties ----------_--._.__-_.-----------459, 489, 495, 543

JURIES AND GRAND JURIES

HR 258 HB 593 SB 59
HB 594

--Committee to study revision of jury lists in Long County--1051 --Relating to appearance of State Officials----------------763, 840 --Redefine situations in which damages must be
established ____------------------------------------499, 500, 537 --Relating to appearance of County Officials.------------.763, 840

JURY COMMISSIONERS
HB 334 --Provide for appointment, certain counties ........_------------------------------459, 489, 495, 543

JUSTICES OF PEACE

SB 84 HB 266

--Relating to election of------------------------662, 738, 781, 938 --Time for holding Court; not convene on
Holiday ----------------------------377, 412, 467, 510, 716

JUVENILE COURT
SB 53 --Clerk of Superior Court shall act as Clerk of Juvenile Court, certain counties,-----------.-----419, 420, 440, 714
SB 77 --Judge of Superior Court shall act as Juvenile Court Judge, certain counties--------------588, 591, 654, 773, 799

JUVENILE COURT ACT

HB 289 HB 408

--Amend; Judge to appoint someone to preside in his absence..----.------..............--......--406, 436, 466, 747
--Amend; certain counties--_.----------.531, 586, 657, 732, 941

JUVENILE DELINQUENCY HR 133 --Create Committee to study......--.--........................--.--...... ..515

INDEX

1393

K
KAISER, ROGER HR 274 --Commend ___________.._......__..___.__._....................__-___--__--....1237, 1306

KEROSENE HB 702 --Motor Fuel Tax Law; amend___.__._-.-..............--_-...1161, 1200

KICKLIGHTER, JOHNIE H. HR 19-39 --Compensate ___....._._.__......_..._..._._._.___....._____.127, 142, 252, 304, 862

KIDD, HUBERT HR 55-142--Compensate ___._............__._.._._.._______._._......211, 249, 589, 808, 1075

KIMMONS, HONORABLE W. H.
Oath of Office administered to___.______._-_-....................____....._----482 HR 51 --Wishing speedy recovery...........____._____________-.-,,._____.....................188

KING, MARTIN LUTHER, JR. HR 122 --Actions condemned ...___-__--...___.-......-......--._._______._...--._.............__454

KINGS BAY TERMINAL
HR 134 --St. Marys, Georgia; immediate action taken to dredge..........-..__________________-_......515, 937, 1057, 1304

L
LABOR ORGANIZATIONS CAMPAIGN FUNDS HB 349 --Amend Act to make applicable to labor organizations.___462, 491

LABOR, STATE DEPARTMENT OF HB 700 --Create Safety Division..........._.______.___..__.--.--.............--__.1065, 1164

LACKEY, MISS LYNDA JOY

HR 117 HR 146

"Maid of Cotton"; presented to House.__,,,,

______ 528

--National Maid of Cotton; extend invitation to......_.___._.__452, 539

--National Maid of Cotton; express appreciation to_................557

LAGRANGE, CITY OF

HB 107 HB 677

--Increase corporate limits.______._.....__..... ...193, 215, 251, 257, 386 --Provide power of eminent domain and
condemnations ..._........______.......... 931, 985, 1069, 1083, 1308

1394

INDEX

LAMAE COUNTY

HB 415 HB 16

--Change compensation of clerical help for Tax Commissioner ..___..--------_._.------_. 568, 642, 771, 786, 1071
--To change compensation of Chairman of Boards of Eoads and Revenues....^___-_-._.._______109, 128, 160, 164, 253

LAND
HR 18-39 --Exchange of Land in Muscogee County authorized ....._--------.----__,,....... 127, 141, 350, 395, 941
HR 167-511--Land conveyance to Clarke County authorized .----_------------.----------583, 654, 770, 1075
SR 12 --State Highway Department convey real prop erty located in East Point, Geor gia --------______------.--._..___----------.. .....419, 440, 894, 1188
HR 177-538--Sumter County; Highway Department authorized to convey certain property to Mr. Charles Wheatley ----------------------. ._...._641, 712, 838, 910, 1170

LARMAN, JOSEPH PAUL HR 95-269--Compensate ........._.__.... ............_.._......_... .... 379, 414, 589, 817, 1075

LAW HB 200

--Supreme Court of Georgia; to provide eligibility of applicant for admission to practice of law....______...._.310, 343

LAW ENFORCEMENT OFFICERS
HB 533 --Allow condemnation of abandoned vehicles in pos session of law enforcement officers.-..---.......639, 711, 771

LAW BOOKS
HR 90-269--Furnish to Cobb Judicial Circuit._... ...--378, 413, 468, 477, 719 HR 180-571--Furnish to Gilmer County--------..----707, 779, 836, 860, 1075 HR 178-541--Furnish to Gwinnett Judicial Circuit--641, 712, 836, 859, 1166 HR 231-668--Furnish to Lincoln County ...--------....899, 946, 983, 1003, 1262 HR 236-694--Furnish to Macon Judicial Circuit------.934, 1068, 1088, 1304 HR 213-642--Furnish to Mountain Judicial
Circuit ...------------.._._-----__....--832, 902, 983, 1003, 1262 HR 169-511--Furnish to Northern Judicial
Circuit ----___----------__.----------__...583, 654, 773, 798, 1170 HR 179-541--Furnish to Superior Court, Gwinnett
County ----------------..--------641, 712, 836, 859, 1075 HR 170-511--Furnish to Superior Court, Hart
County .----------..--_----..--------584, 654, 773, 799, 1170

LAW LIBRARIES
HB 557 --Establishment and maintenance in certain counties ----.----------_._.___--------705, 777, 835, 855, 1074

INDEX

1395

LAW, PRACTICE OP
HB 243 --Admission to practice by Attorneys from other States .----...-_.-__..-__-........----.------------340, 382, 385

LAW, STATE DEPARTMENT HB 535 --Appointment of Assistant Attorneys-General-----640, 711, 715

LAURENS COUNTY

HB 132 HB 375

--Compensation of Clerk of Superior Court and deputies to salary system.____._..___._. 209, 248, 288, 330, 443
--Relating to County Commissioners_........._..__....485, 534, 590, 736

LEASES HB 49

--Estates; make provisions lease and administration of timber, oil, gas and mineral _._____._._136, 158, 195, 223, 240

LEDFORD, A. W. HR 238-697--Compensate .-........--..._.-.......----......_------------------981, 1066

LEGAL COUNSEL HR 200 --To study legislative sessions.--.--_.--_-__-___..___.___._.-752, 893, 1057

LEGAL MAJORITY, AGE OF HB 241 --Lower from 21 to 18._..__..___.__..____._-__._._________.___._____-__340, 382, 385

LEGISLATIVE COUNSEL
HR 100 --Authorized and directed to make study of Code of Georgia....-..._......._.-..____.._.----_.--370, 467, 512
HR 36-JR 2--Election of Honorable Frank H. Edwards----.----------------152 HR 10 --Election of members------___._----------------115, 149, 151, 152 HR 304 --Expressing appreciation to__--......_...--------,,_-.--_..__..........1301 HB 139 --To change name of Joint Committee on Operations
of General Assembly to Legislative Services Committee _----._...--------------------.210, 249, 385, 448, 661

LEGISLATIVE SERVICES COMMITTEE

HR 100 HB 139

--Authorized and directed to make study of Code of Georgia------------------------------...370, 467, 512
--Legislative Counsel; Name changed from Joint Com mittee on Operations of General Assembly to Legislative Services Committee---- 210, 249, 385, 448, 661

1396

INDEX

LEGISLAUGHTER HR 262 --Express appreciation for--------_-_..--....------1126, 1204

LEE, MRS. MAY HR 89-269--Compensate ----...------------------------378, 413, 589, 812, 1075

LETTERS OF ADMINISTRATION HB 151 --Requirements for applications..--.__.__.__.___----------241, 282, 467

LIBERTY COUNTY HR 176-538--Convey certain property...- ...............641, 712, 1070, 1121, 1263

LICENSES

HB 316 HB 94 HB 39 HB 52 HB 44 HR 217 HB 418 HB 620 HB 31 HB 325

--Collection Agencies; Licensing of........----.....411, 439, 441, 550 --Drivers; Change punishment for operating while license
is suspended or revoked..-- .---------190, 213, 316, 354, 716 --Drivers; Learners and Chauffeur's; expire on
Birthdate of Holder.--........ ..............127, 141, 316, 357, 715 --Drivers; provide for issuance, suspension and
revocation --------------------------137, 158, 217, 222, 419 --Fishing; provide for 3-day State-wide non-resident
fishing license -------------------- -136, 157, 218, 222, 469 --Hunting and fishing; create committee to study
matters relating to.------------.....----------.878, 1199, 1226 --Marriage; how granted, returned and
recorded ___._------------------.----------569, 642, 912, 957, 979 --Motor Vehicle Plates; identify by County--------------828, 900 --Motor Vehicles; prisoners not allowed to operate
vehicle without valid license----------------------.125, 140 --Motor Vehicles; prohibit issuance unless vehicle
covered by liability insurance-.--__----------------435, 465

HB 388 --Motor Vehicles; prohibit issuance unless vehicle covered by liability insurance--------------------488, 536

HB 32 --Motor Vehicles; reduction in rate of fees for passenger car licenses.......----------------------------125, 140

HB 590 --Plates; governing and controlling of--_----------762, 826, 840

HR 187-599--Plates; metal strip in lieu of complete new license plate --------------------------------------------764, 841, 984

HB 282 --Plates; provide issuance to certain veterans ......_.___.__------_-----------.381, 415, 466, 913, 1166

HB 596 --Proration fees for parts of a year for license fees....... 763, 840

HB 270 --Real Estate Brokers and Salesmen.--.379, 414, 770, 914, 1167

HB 630 --Unlawful to use motor vehicle unless purchaser is holder of valid operator's or chauffeur's license---- ... --830, 901

INDEX

1397

LIENS HB 534 HB 665
HB 628

--Liens for unclaimed vehicles------------------------639, 711, 771 --Mechanics on personalty, provide when lien may
be foreclosed ...---------- --------------__._____898, 946 --Relating to liens for towing, storage, etc. of
motor vehicles ----------------------------------------------829, 900

LIQUEFIED PETROLEUM GAS HB 704 --Deliverer must use sealed metering device------------..1198, 1249

LIQUOR HB 345

--Provide for a special retail pouring License ------------------------....... .----------461, 490, 496, 548

LINCOLN COUNTY
HB 320 --Change census figures relating to ad valorem school taxes ------------------------------434, 464, 495, 507, 719
HR 231-668--Furnish certain Law books..._______..899, 946, 983, 1003, 1262

LITERATURE
HB 195 --Obscene; impose a statutory civil penalty to seller ._.------.--------------------------------------309, 343, 770

LOCAL GOVERNMENT IMPROVEMENT COMMISSION IN CERTAIN COUNTIES
HB 21 --Repeal -- ----------------_ __---------- . 124, 139, 195, 199, 320

LOGGINS, J. W. HR 150-447--Compensate _-----------.------ -------------------............573, 646

LONG COUNTY HR 258 --Committee to study revision of jury lists------...------------1051

LOWE, JERRE W. HR 115 --Express sympathy for passing of...----------.------------------451

LOWNDES COUNTY
HB 252 --Provide clerical assistance, Court of Ordinary __......_._____..............___ -----342, 384, 418, 426, 661

LUMPKIN COUNTY

SB 103 SB 102

--Allow expense allowance for Commissioner of Roads and Revenue---------------662, 740, 782, 936, 955
--Create office of Tax Commissioner........662, 740, 782, 936, 955

1398

INDEX

LUMPKIN, CITY OF HB 513 --Change corporate limits----------------637, 709, 835, 846, 1072

LUNCEFORD, E. A. HR 124-348--Compensate --__.__-_--______._.-.--_._____--.___-----.------------462, 491

M

MACON, CITY OF

HB 553 HB 502
HB 485

--Close Orange Street Lane in Square 82 ------------------..-----704, 776, 836, 852, 1073
--Extend present corporate limits ---------582, 652, 714, 725, 1076, 1119, 1190, 1191, 1219, 1312
--Incorporate certain areas--------------579, 650, 772, 796, 1168

MACON COUNTY
HB 216 --Change compensation of Board of Commissioners of Roads and Revenue------------------ 312, 345, 417, 423, 659

MACON JUDICIAL CIRCUIT HR 236-694--Furnish certain Law books--------------934, 1068, 1088, 1304

MADISON COUNTY
HB 68 --Compensation of Clerk of Commission of Roads and Revenues----..,--------156, 170, 196, 198, 322

MAHAN, H. S., JR. HR 175-538--Compensate ..........._--_-..__-----.------_--------......---------640, 712

MAIL HB 501 HB 112 HB 164

--Rural Mail Carrier authorized to display amber colored light---------------582, 652, 837, 910, 1166
--State Department; prescribe manner for distribution of publications, mail, etc..------------------------194, 215
--To provide for service by mail of notices of assessment _..----------------.----.--244, 284, 352, 445, 658

MALT BEVERAGES

HB 545 HB 105 HB 318

--864 fluid ounces prima facie evidence of possession --------------------------------------.703, 776, 1164
--Presence of 864 fluid ounces shall be prima facie evidence of possession..----.------.------_--_-----...193, 214
--Prohibit sale or distribution, certain counties..-- -. ----434, 464

INDEX

1399

MANCHESTER, CITY OF
HB 558 --Annex certain territory to corporate limits ______________________________.___705, 777, 835, 855, 1074

MANSION SITES COMMISSION

HR 72 --Extend time

. .____.___._____,,____..------290, 322

MAPS HB 359

--Amend Act to provide that certain counties shall come under operation of said Act--463, 492, 656, 748, 994, 1116

MARINE TRAFFIC
HB 391 --Provide method of certificate transfer when ownership of motorboat changes--------------_____------..._ -529, 584, 837

MARIETTA, CITY OF
HB 632 --Allow expenditure of monies derived from street improvement bond issue----------.830, 901, 983, 1000, 1260

MARRIAGE HB 418 HB 274

--Licenses; how granted, returned and

recorded _-_________.__----____.----___________569, 642, 912, 957, 979

--Raise minimum age . _ ....

...380, 414, 774

MARSHALL, MRS. BARBARA ANN HR 27-51 --Compensate ......------_.....

137, 158

MASSAGE THERAPY HB 73 --Provide for the examination and registration --------156, 171

MASTERS GOLF TOURNAMENT

HR 299 --Relative to

.

_

........._.------------------ 1298

MATTHEWS, SAM HR 207 --Express sympathy for passing of..............--------------....--....757

MAXEY, REV. DAN H. Prayer by .._______.__._....----.,,. --...._._._------.-... 206

MAYORS HR 126

--Tribute to ............

.--_..........

.472, 564

1400

INDEX

MAYORS AND MUNICIPAL OFFICIALS
SR 35 --Pay tribute to Municipal Officials of State ___._._-___....__._____.______..____------_--498, 501, 537, 937, 1061

McBRIDE, JAMES HR 76-226--Compensate

Me
--__.--_..____________.__.._------___ .314, 347

McCADE, WALKER HR 67-171--Compensate ---------...---------._______.._..__..._...___._..-- 245, 285

McINTOSH COUNTY
HB 447 --Change compensation of Ordinary _,,..___._..._.._._.__.____..__._.___----573, 645, 772, 790, 990

McMULLAN BOULEVARD HR 168-511--Designate on U. S. Highway No. 29....5S3, 654, 769, 914, 1168

MECHANICS' LIEN ON PERSONALTY HB 665 --Provide when lien may be foreclosed.---------------------898, 946

MEDICAL ASSISTANCE FOR THE AGED ACT SB 32 --Create ...--....--366, 367, 384, 769, 1193

MEDICINES HB 183 --Exempt Sales Tax on certain ................_._......................-.....280, 318

MENLO, CITY OF
HB 563 --Extend terms of mayor, recorder and councilmen --__....._._..--_._.------.----705, 778, 836, 853, 1074

MENTAL HEALTH COMMISSION HB 152 --Department of Mental Health; create.--______________--.---242, 282

MENTAL HEALTH STUDY COMMITTEE

HR 20-39 --Create ............

- .127, 142

SR 44 --Joint Committee to study.................................... 865, 865, 904, 937

INDEX

1401

MERIWETHER COUNTY

HB 281 HB 279 HB 278 HB 277 HB 280

--Abolish office of Treasurer, to provide for depositories------._.___________.___.____381, 415, 467, 476, 717
--Commissions of Tax Collector paid to county---.-.-.--.---.....380, 415, 467, 476, 717
--Consolidate offices of Tax Receiver and Tax Collector __----__-----------.----380, 415, 467, 476, 717
--Create districts from which County Commissioners elected.---------------380, 415, 467, 475, 717
--Place certain officials on salary basis in lieu of fee basis.----------------------380, 415, 467, 476, 717

MERRITT, E. R. HR 45-99 --Compensate -_....-......._--.--___..------..------...--------.....192, 214

MICROFILM
HB 420 --Superior Court; authorize installation and use of equipment in certain counties..--.....569, 642, 771, 786, 989

MILEAGE ALLOWANCE HB 99 --State officials and employees; prescribe allowance...--191, 213

MILHOLLIN, GEORGE HR 37 --Congratulate ......------------------...................------....__...__..._.----144

MILITARY, MEMBERS OF HB 147 --To provide income tax exemptions for------------------240, 281

MILK HB 643
SB 78 HB 670

--Georgia Milk Commission; prescribe how producers shall be paid for milk sold to distributors _.--------------------.832, 892, 903, 971, 1203
--Relating to sale to school institutions------.............720, 738, 781 --Regulate sale, inspection, importation
and distribution.....------------.--.899, 947, 982, 1121, 1310

MILLEDGEVILLE STATE HOSPITAL HB 221 --Create reimbursement fund for employees--.313, 346, 541, 742

MILLER COUNTY
HB 507 --Change compensation of members of Board of Com missioners of Roads and Revenue.. 582, 653, 773, 798, 993

1402

INDEX

MILLIKAN, P. FORD HE 183-571--Compensate

-707, 779

MILNER, CITY OP HB 480 --Change time for holding elections........579, 650, 772, 795, 1072

MINIMUM FOUNDATION PROGRAM OP EDUCATION

HB 441 HB 249 HB 62
HB 85 HB 126

--Determine financial responsibility of Fulton and DeKalb Countnes----------..................___.................572, 645
--Provide minimum annual salary for teachers..._...........341, 383 --Remove provisions relating to population for
determining amount of funds by local units to pay teachers' salaries.________.__.__----.155, 169, 494 --To provide for increased teachers' salaries through State funds...----_------------------------_--.169, 197 --To provide manner certain funds expended.--..----208, 247, 540

MINORITY SB 73

--Removal of disabilities; marriage over 18 years of age..--------------------.------------___895, 906, 947

MINORS SB 89
HB 197
HB 467 HR 106 HB 344
SB 73

--Adoptions; final hearings when parties unknown......._...--..............___.....___895, 906, 937, 948
--Adoption Laws; consent of father not required in certain instances.----.------_--__----.....309, 343, 467, 549
--Divorce cases; custody of children--............__......._._577, 649, 893 --Illegitimate children; welfare benefits----373, 839, 1053, 1304 --Married; may execute notes,
loan deeds, etc............... ...................461, 490, 893, 1012, 1202 --Marriage, over 18 years of age. Removal
of disabilities...--------.....----------------..----..895, 906, 947

MITCHELL COUNTY HB 397 --Create Small Claims Court -.............._ 530, 585, 657, 731, 940

MONROE, CITY OP

HB 398 HB 559

--Define city limits............__.._..----..._.. .....-.-530, 585, 657, 731, 940 --Provide for a Board of Police
Commissioners ___._..... . ._..._....----.705, 777, 836, 852, 1169

MONK, H. T., JR. HR 297 --Wish for speedy recovery.--------.... .....--------._.. ... .... ...1297

INDEX

1403

MONTEZUMA, CITY OP SB 14 --Change corporate limits........ _______ 253, 255, 287, 418, 426

MORGAN COUNTY
HB 471 --Change compensation of Assistant Clerks of Superior Court ....__.._________.__._.... .578, 649, 772, 793, 991

MORROW, CITY OF HB 566 --Provide for Mayor and Councilmen......706, 778, 836, 853, 1074

MORTGAGED PROPERTY HB 603 --Penalty for sale or removal of

.______.._..._....__________ _765, 842

MORTGAGES HB 393 --Relating to public utility companies- 529, 584, 770, 868, 1202

MOSES, HONORABLE EDWARD Elected as Doorkeeper of House--.___.___________..___________....--.._._.__.._.___._____._._..______ 31

MOTELS HR 201

--Request to reduce rates on Saturday and Sunday ........_____________________________ 753, 935, 1062

MOTORBOAT
HB 391 --Method of certificate transfer when ownership changes__________....__.................... ........ 529, 584, 837

MOTOR FUEL TAX LAW

HB 702 SB 19
HB 580

--Amend relating to excise tax on kerosene __.___............1161, 1200 --Exempt certain items from tax to constitutionally
created public authorities ...............................^..SZ2, 325, 349 --Refund tax to nurserymen _________ ________________ _____761, 834, 839

MOTORISTS
HR 198 --Create Committee to study problems relating to uninsured motorists .....................................751, 893, 1059

1404

INDEX

MOTOR VEHICLES
HB 533 --Allow condemnation of abandoned vehicles in possession of law enforcement officers-.._----------------639, 711, 771
SB 156 --Change basis on which trucks, tractors, etc. are taxed annually....-------------------------944, 1008, 1067
HR 266 --Committee; study implementation of change in the Motor Vehicle Certificate Title Act------------.--------1128
HR 259 --Committee; study implementation of changes in the Motor Vehicle Certificate Title Act--------1052, 1199, 1235
HB 97 --Department of Public Safety; exclusive authority to make arrests for speeding on State Highways..----191, 213
HB 39 --Drivers' Licenses; expire on birth date of holder.------.....------------------127, 141, 316, 357, 715
HB 52 --Licenses, Drivers; provide for issuance, suspension and revocation,.........----137, 158, 217, 222, 419
HB 94 --Licenses, Drivers; change punishment for suspension----------------------190, 213, 316, 354, 716
HB 620 --Licenses; provide method of identification by counties.--------~--------___.___------___._--__------.828, 900
HB 388 --Licenses; prohibit issuance unless covered by liability insurance.--_-.--_--..------------------488, 536
HB 534 --Liens for unclaimed vehicles--_.----.............._--..--639, 711, 771 HB 282 --License plates; provide issuance
to certain veterans--....------........381, 415, 466, 913, 1166 HR 187-599--License plates; metal strip in lieu of complete
new license plate.-- --------------------------..764, 841, 984 HB 648 --Penal offense to drive over fire hose when in use----.--833, 904 HB 590 --Pertaining to governing and controlling
of licenses _------.----------_.------------.----762, 826, 840 HB 31 --Prisoners not allowed to operate vehicle
without valid license......------____.........--_--._--------125, 140 HB 596 --Proration fees for parts of a year for license fees......___.763, 840 HB 32 --Provide reduction in rate of fees for
passenger car licenses ------------__._______----____------. 125, 140 HB 65 --Provide method of returning for taxation
as tangible property------------------.------.....----155, 170 HB 324 --Provide for administration of "Unsatisfied Claim
and Judgment Fund Law"----------------------------435, 464
HB 325 --Prohibit issuance of license unless vehicle covered by liability insurance .___..------ ------........ -435, 465
HR 281 --Relative to ad valorem tax.----..........-------------1242, 1248, 1290
HB 628 --Relating to liens for towing, storage, etc...----._..------.829, 900
HB 570 --Special permits for excessive weight------------706, 778, 1163
HB 81 --To provide for annual inspection.------------~--168, 197, 837
HB 384 --Trucks; protective measures for discharge of gravel, sand, etc. on public roads....-__----------______-487, 536
HB 104 --Unlawful to race or engage in a contest of speed----------------192, 214, 468, 546, 994, 1252

INDEX

1405

HB 630 HB 501

--Unlawful to sell unless purchaser is holder of valid operator's or chauffeur's license--------------830, 901
--Use of amber lights by rural mail carriers...----------------------582, 652, 837, 910, 1166

MOTOR VEHICLE CERTIFICATE TITLE ACT

HR 259 HB 53

--Committee to study implementation of changes in----.._.___._._--...............----.---1052, 1199, 1235
--Create .----------------------._..------.137, 158, 468, 555, 611, 938

MOULTRIE, CITY OF
HB 465 --Change millage rate on all taxable property .. .___--------------------------577, 648, 772, 792, 991

MOUNTAIN JUDICIAL CIRCUIT
HB 617 --Change compensation of official court reporter------...............__767, 844, 936, 952, 1267, 1274
HR 213-642--Furnish certain law books.------..-----832, 902, 983, 1003, 1262

MUNICIPALITIES

HB 56
HB 173 HB 110 HB 401 HB 339 HB 321 HB 15 HB 544

--Authorization to expend funds, appraise taxable properties and make re-evaluations ----...____----------------138, 159, 252, 306, 660
--Distribution of General Assembly Acts to----.-----------..----------246, 285, 468, 478, 658
--Highway Department to remove and relocate utility facilities.----------------------------193, 215
--Provide State-aid roads within------630, 585, 769, 1010, 1202 --Provide procedure for annexation of
territory, certain counties.----------460, 490, 771, 785, 988 --State Highway Department to provide for
allocation to; repeal Act ------------------------.434, 464 --To provide for self-government------------------109, 128, 541 --Validation of Bonds.------------------703, 775, 834, 1030, 1304

MUNICIPALITIES BY POPULATION

HB 11 HB 158

--City Attorney; retirement of----------.--------106, 111, 160, 163 --Pensions for Police Department,
certain cities--_----------------------243, 283, 591, 737, 939

MUNICIPAL CORPORATIONS (See Named Cities)
HB 521 --Acworth, City of; extend corporate limits ----_-_-._--__--------------638, 710, 835, 848, 1072
HR 148-447--Albany, City of; name certain boat landing the "Cleve Cox Landing"--------------573, 645, 773, 798, 1168

1406

INDEX

HB 427 --Albany, City of; relating to registration books and voters------------------..._-670, 643, 771, 788, 989
HB 33 --Alpharetta, Town of; amend charter----126, 141, 160, 164, 254 HB 469 --Americus, City of; new charter.--------577, 649, 772, 792, 991 HB 694 --Athens, City of; amend Act relating
to City Court----------------------933, 986, 1068, 1081, 1309 HB 660 --Atlanta, City of; additional pension benefits
for Police Department------..._--_--------------------897, 945 HB 667 --Atlanta, City of; amend pension system
for Fire Department--------------------------------.898, 946 SB 160 --Atlanta, City of; application for pensions of
officers and employees.------.. 1043, 1115, 1165, 1199, 1218 SB 143 --Atlanta, City of; Board of Education; establish
emeritus offices for retired heads of departments .._...........__._._..._......_______943, 956, 987, 1163, 1218 HB 251 --Atlanta, City of; create Chief Deputy Municipal Revenue Collectors.--..........___------__.342, 383, 591, 730, 939 SB 150 --Atlanta, City of; create position of chief law clerk in the Department of Municipal Court------------------943, 957, 988, 1069, 1173 HB 508 --Atlanta, City of; fix retirement benefits for Mayor and other officials----------583, 653, 835, 846, 1168 HB 509 --Atlanta, City of; establish Emeritus offices --------------------------___.583, 653, 835, 846, 1261 SB 138 --Atlanta, City of; new charter--------865, 867, 906, 1068, 1114 HB 457 --Atlanta, City of; obligations for recreation authority--------------------. - - 575, 647, 835, 846 SB 43 --Atlanta, City of; pension benefits for members of Police Department ---389, 391, 416, 936, 953 SB 42 --Atlanta, City of; pension benefits for members of Fire Department----------------389, 391, 416, 936, 953 HB 399 --Atlanta, City of; police department pensions ......................-------------- 530, 485, 936, 953, 1202 HB 671 --Atlanta, City of; provide additional pensions for employees with 25 years' service.------...-- . 899, 947 HB 681 --Atlanta, City of; provide system of pensions of paid fire departments--------.932, 985, 1069, 1081, 1308 HB 683 --Atlanta, City of; provide additional pensions for employees who have served 25 years.------------....932, 985 HB 517 --Atlanta, City of; provide pensions for officers and employees----_____._.--637, 709, 835, 847, 1168 HB 518 --Atlanta, City of; provide pensions for fire department .------------------637, 709, 835, 847, 1169 HR 184-571--Atlanta, City of; provide committee to study Courts---------------------707, 779, 836, 860, 1166 HB 645 --Atlanta, City of; provide for execution of tax returns------------------...832, 903, 1068, 1077, 1307 HB 202 --Atlanta, City of; Relating to retirement benefits.--. --310, 344 HB 159 --Atlanta, City of; to provide fees for policemen who act as witnesses for city or state ........--.. _... _ 243, 283, 351

INDEX

1407

HB 364 --Atlanta, City of; relating to annual ad valorem tax for the support of public schools..........484, 533, 835, 845, 1071
HB 160 --Atlanta, City of; relating to improvement in the Department of Parks................... ........____.___.243, 283, 351
HB 210 --Atlanta, City of; relating to contempt of municipal court._______-....__-.-______.311, 345, 591, 729, 939
HB 205 --Atlanta, City of; to provide system of pensions for members of police department--_------_--------310, 344
HB 204 --Atlanta, City of; to provide system of pensions for members of paid fire department.------------ 310, 344
HB 203 --Atlanta, City of; to provide pensions to officers and employees.----....------..--------------310, 344
HB 430 --Athens, City of; close certain streets .....------___----_____.----__..------..570, 643, 771, 788, 989
HB 489 --Athens, City of; create office of City Tax Assessor................----------580, 651, 772, 804, 993
HE 68-171--Athens, City of; create Athens-Clarke County Beverage Control Board; amend ment to the Constitution------------------245, 285, 351, 599
HB 51 --Augusta, City of; amend charter to grant City Council right to condemn certain private property---------------------137, 158, 195, 200, 321
HB 50 --Augusta, City of; amend charter relating to Fire Department------------------137, 158, 195, 200, 321
HB 527 --Augusta, City of; revise laws relating to Municipal Court .----------------638, 710, 835, 849, 1075
HB 633 --Austell, City of; change corporate limits ---._----------------------830, 901, 983, 996, 1307
HB 248 --Baxley, City of; create new charter----341, 383, 418, 426, 660 HB 20 --Baxley, City of; establishing the
City Court--------------------------124, 139, 160, 164, 254 HB 103 --Blakely, City of; change corporate
limits ----_...-_---------------------. 192, 214, 251, 257, 386 HB 102 --Blakely, City of; describe corporate
limits ....--------------------------------192, 214, 251, 257, 388 HB 101 --Blakely, City of; change name from
Town of Blakely--.......--------------192, 214, 251, 256, 388 HB 367 -- Bogart, Town of; change tax millage......484, 533, 590, 734, 988 HB 675 --Braselton, Town of; decrease city
limits ----_....._._------------------.931, 984, 1068, 1079, 1308 HB 592 --Bremen, City of; amend charter.------.763, 840, 936, 950, 1201 HB 256 --Bremen, City of; to grant rights of way
to utility corporations ............____......376, 411, 467, 474, 716 HB 405 --Brunswick, City of; increase number of
bailiffs in City Court.............------531, 586, 657, 732, 941 HB 404 --Brunswick, City of; provide procedure
making of tax returns..------------531, 586, 657, 732, 941 HB 86 --Buena Vista, Town of; to establish
municipal government..... .. .-----189, 212, 251, 255, 388

1408

INDEX

HB 623 HB 127 HB 689 HB 182 HB 372 HB 699 HB 479 HB 610 HB 611 HB 609 HB 288 HB 631 SB 125 HB 666 HB 273 HB 276 HB 538 HB 37 HB 541 SR 36 HB 368 HB 503 HB 431
HB 365
HB 519
HB 642
HB 446

--Calhoun, City of; extend corporate limits ...................................................829, 900, 983, 995, 1260
--Calhoun, City of; to extend corporate limits ....--..---......----.-..--..---.-......208, 248, 287, 329, 442
--Canton, City of; change compensation of Mayor and Councilmen----------933, 986, 1069, 1086, 1309
--Carrollton, City of; amend Act relating to City Court----------------------279, 318, 417, 420, 661
--Carrollton, City of; create office of City Supervisor..--______--------------485, 534, 590, 735, 940
--Carrollton, City of; increase number of Councilmen....------------_____981, 1067, 1163, 1172, 1310
--Carsonville, City of; repeal Act incorporating ______________________^579, 650, 772, 795, 992
--Cartersville, City of; change corporate limits __--_---._--..--------..--766, 843, 936, 951, 1201
--Cartersville, City of; change corporate limits ----...------.----------------766, 843, 936, 951, 1202
--Cartersville, City of; change corporate limits ----..--.------------------766, 843, 936, 951, 1201
--Cedartown, City of; extend corporate limits _--__----_----------------406, 436, 494, 501, 717
--Chattahoochee Plantation; incorporate __----_----------------830, 901, 983, 999, 1260
--Clarkston, City of; Mayor and Councilmen may succeed themselves in office.----864, 866, 905, 1069, 1172
--Claxton, City of; new charter--------898, 946, 983, 1000, 1262 --Columbus, City of; provide for duties of Mayor
in certain instances------------...379, 414, 467, 475, 716 --Columbus, City of; relating to
public lands ..........--------------------380, 415, 467, 475, 717 --Columbus, City of; title to certain
tract of land----------------------640, 711, 836, 850, 1073 --Comer, City of; new charter....----------126, 141, 160, 164, 254 --Cordele, City of; close certain alley____641, 712, 836, 849, 1073 --Cordele, City of; relative to
Revenue Bonds....--------------------785, 804, 844, 936, 1110 --Cordele, City of; increase city
limits ----------------------------484, 533, 590, 734, 939 --Covington, City of; new charter--------------582, 652, 772, 797
--Gumming, City of; change corporate limits ----------------------.------571, 643, 771, 788, 990
--Dahlonega, City of; abolish city wards _____________----...------------484, 533, 590, 729, 939
--Dalton, City of; incorporate certain areas __------------------------------637, 709, 835, 847, 1169
--Dalton, City of; provide for closing of Whitfield Street.......--------------831, 902, 983, 997, 1261
--Darien, City of; close certain streets 573, 645, 772, 790, 990

INDEX

1409

HB 240 --Davisboro, City of; extend corporate limits.---------.....340, 382 SB 101 --Decatur, City of; provide for assessment
of property---------_----___.----663, 739, 782, 936, 955 HR 61-151--Donalsonville, City of; State Highway
Department authorized to move cer tain utility facilities----..------242, 282, 466, 913, 1169 HB 505 --Dublin, City of; extend corporate limits ----------------------.--.--.--582, 653, 772, 797, 1076 HB 373 --Dublin, City of; relating to indebtedness.......485, 534, 590, 736 HB 131 --Dublin, City of; to increase ad valorem tax 1 mill for a period of 4 years.------------209, 248, 288, 330, 443 HB 506 --Dublin, City of; provide for appointment of certain officers.--582, 653, 772, 797, 1189, 1264, 1279 SB 88 --East Point, City of; amend charter----663, 738, 781, 936, 954 HB 472 --Elberton, City of; redefine and extend corporate limits ----------------._..--.578, 649, 772, 793, 992 HB 473 --Elberton, City of; redefine and extend corporate limits ------------------578, 649, 772, 793, 992 HB 40 --Ellijay; City of; amend charter .....135, 157, 196, 198, 320, 365 HB 209 --Ellijay, City of; to provide for change in rate of taxation within East Ellijay.------311, 344, 417, 422, 659 HB 113 --Emerson, City of; change terms of offices of Mayor and Aldermen----------------194, 215, 251, 258, 387 HB 436 --Fairburn, City of; close certain streets .....----...........--------.------571, 644, 835, 845, 1071 SB 111 --Folkston, City of; to incorporate limits -----.-----------------------.721, 741, 782, 983, 1007 HB 565 --Forest Park, City of; amend Act incorporating ----------------------706, 778, 836, 853, 1074 HB 655 --Forest Park, City of; prescribe its limits and provide for annexations------------896, 944, 983, 998, 1261 HB 361 --Forsyth, City of; provide change in corporate limits.................----.....------483, 533, 835, 856 HB 614 --Fort Oglethorpe, Town of; enlarge corporate limits----------------------767, 843, 936, 952, 1203 HB 549 --Gainesville, City of; change corporate limits ------......... --...............703, 776, 836, 851, 1076, 1250 HB 548 --Gainesville, City of; office employees under Civil Service may be between 18 and 36------703, 776, 836, 851 HB 547 --Gainesville, City of; relating to ad valorem taxes ...----.------.--------703, 776, 836, 851, 1073 HB 83 --Griffin, City of; change qualifications and election of members of Board of
Commissioners ........._--------.........169, 197, 217, 220, 388 HB 356 --Griffin, City of; establish City
Court .--_------------------------...463, 492, 540, 545, 862 HB 82 --Griffin, City of; increase corporate
limits ------.._...--------------..------... 169, 197, 217, 220, 388 HB 84 --Griffin, City of; to change amount of
appearance bonds------------------..169, 197, 217, 221, 388

1410

INDEX

HB 412 HB 396 HB 192 HB 576 SB 46 SB 47 SB 45 HB 213 SB 40 HB 688 HB 673 HB 157 HB 662 HB 135 HB 107 HB 677 HB 513 HB 502
HB 553 HB 558 HB 632
HB 563 HB 480 HB 398 HB 559

--Gray, City of; change name from Town of Gray...................._._...._.,,.... _532, 587, 657, 733, 941
--Gray, Town of; change certain streets ____________________._.._._.___-.....____________529, 585, 656, 731, 940
--Guyton, City of; to change name from Town of Guyton-_-_-_-.-..______._____.___.308, 343, 417, 421, 661
--Hampton, City of; close certain streets __._______________..._.__________.__________..__708, 780, 836, 854, 1169
--Hapeville, City of; extend city limits.-----.-..__-389, 391, 416 --Hapeville, City of; provide time of
elections _------------_------_----------.389, 391, 416, 936, 954 --Hapeville, City of; provide for assistant
City Recorder.------------------------.389, 391, 416, 936, 954 --Hawkinsville, City of; to change
city limits........._.._____----------.312, 345, 417, 422, 994, 1251 --Hazlehurst, City of; new charter ........ 389, 391, 416, 467, 477 --Holly Springs, City of; change
corporate limits _..._.__....._........ 933, 986, 1068, 1080, 1309 --Hoschton, City of; decrease corporate
limits _.___..------------------------930, 984, 1068, 1079, 1308 --Hull, Town of; to grant authority for
franchises and licenses.--------.....243, 283, 351, 353, 497 --Jefferson, City of; change time for making returns
of property for taxation.---------..897, 945, 983, 998, 1308 --Jesup, City of; to extend corporate
limits .............._............_.......______._.._._.. 210, 248, 348, 392, 497 --LaGrange, City of; increase corporate
limits ......__.._..________________...._____..__.._. ........193, 215, 251, 257, 386
--LaGrange, City of; provide power of eminent domain and condemnations._.__.._ 931, 985, 1069, 1083, 1308
--Lumpkin, City of; change corporate limits ______.__.._.... ......_---..-_.____________637, 709, 835, 846, 1072
--Macon, City of; extend present corporate limits ..............582, 652, 714, 725, 1076, 1119, 1190, 1191, 1219, 1312
--Macon, City of; close Orange Street Lane in Square 82...................--...__.__......104, 776, 836, 852, 1073
--Manchester, City of; annex certain territory to corporate limits ___.__..........._ ...........705, 777, 835, 855, 1074 ,
--Marietta, City of; allow expenditure of monies derived from street improve ment bond issue....____..._................._. 830, 901, 983, 1000, 1260
--Menlo, City of; extend terms of mayor, recorder and councilmen __._......-....-_.__.._ ______705, 778, 836, 853, 1074
--Milner, City of; change time for holding elections............................ 579, 650, 772, 795, 1072
--Monroe, City of; define city limits..____..530, 585, 657, 731, 940 --Monroe, City of; provide for a Board of
Police Commissioners...._._....___.._.___.705, 777, 836, 852, 1169

INDEX

1411

SB 14 HB 566 HB 465 HB 385 HB 529 HB 686 HB 61
HB 383 HB 578 HB 550 HB 551 HB 484 HB 222 HB 236
HB 523 HB 124 HB 528 HB 193 HB 658 HB 167 HB 424 HB 454 HB 455 HB 299

--Montezuma, City of; change corporate limits ___._...___,,_,,_..-._-__.--..............253, 255, 287, 418, 426
--Morrow, City of; provide for Mayor and Councilmen.__..__-_______.._.______..706, 778, 836, 853, 1074
--Moultrie, City of; change millage rate on all taxable property._______-_-____._._.._......577, 648, 772, 792, 991
--Nellieville, Village of; relating to Commissioners_.___._.__487, 536 --Nellieville, Village of; repeal Act
incorporating _..._._______._._._..._______.......639, 710, 835, 849, 1072 --Nelson, City of; change rate of
tax levy...........................................932, 986, 1068, 1079, 1308 --Newnan, City of; create office of City Man
ager; relating to Water Sewerage and Light Commission..__..____..__.___....__...___154, 169, 196, 201, 321 --Newnan, City of; close Goodrum Place ________._______________________.._________.._._._.486, 535, 590, 737, 940 --Norcross, City of; extend corporate limits _______________.__.___.._.._._.....__.708, 780, 836, 855, 1074, 1117 --Ocilla, City of; relating to registered voters .__..._........._._____...__.__.__...._.........704, 776, 836, 851, 1073 --Ocilla, City of; relating to water and gas systems-_-_---__-_-__-~-_---704, 776, 836, 851, 1073 --Oxford, Town of; provide for compensation of Mayor and Councilmen....._._.____..._.. _.579, 650, 772, 795, 992 --Pavo, City of; to provide for a change in election of the Mayor.--................... 313, 346, 417, 423, 659 --Port Wentworth, City of; fix time for adoption of license ordinances re lating to businesses............................315, 348, 418, 424, 660 --Powder Springs, City of; change corporate limits ___.__.___.__...,,._. 638, 710, 835, 848, 1072 --Rhine, Town of; to enlarge corporate limits ..... ______________________ ._.___________.______.208, 247, 287, 328, 442 --Richmond County; change compensation of certain officials.______.____.__.____.____.....639, 710, 835, 849, 1072 --Rincon, Town of; to provide for registration of voters.........._._._..__.___._._..___._..._.____.___.309, 343, 417, 421, 661 --Rockmart, Town of; confer additional powers upon corporate authorities _..._._._._...__......897, 945, 983, 998, 1261 --Rockmart, City of; to extend corporate limits _..._...____.._..___.___._._.__.___244, 284, 351, 354, 497, 741, 784 --Rome, City of; create Rome-Floyd County Industrial Development Authority _.__...__..________.570, 643, 771, 787, 989 --Rome, City of; define rights and powers ..._.....-......._._-_..______________.._..__.___._.... ....575, 647, 772, 791 --Rome, City of; define corporate limits _....._.___.......................__._____...._._._.___._.575, 647, 772, 991
--Rome, City of; salaries of members of Rome City Commission................_.......__....._._ 408, 437, 494, 502, 717

1412

INDEX

HB 613 SB 68 HB 672 HB 262 SB 113 SB 18 HB 245
HB 17 SB 2 SB 133 HB 237 HB 235 HB 463
HB 116
HB 190 HB 522 HB 488 HB 363 HB 362 HB 295 HB 413 HB 564 HB 698 HB 264

--Rossville, City of; change corporate limits ___----------------_----------.766, 843, 936, 952, 1203
--Roswell, City of; change corporate limits --------------------------------444, 445, 465, 1068, 1114
--Sandersville, City of; change in maximum fine for violation of law or ordinance----899, 947, 983, 999, 1262
--Sandersville, City of; change corporate limits ._-------------------------------377, 412, 467, 474, 716
--Savannah, City of; amend charter relating to Mayor and Aldermen--------------------..____721, 741, 782
--Savannah, City of; amend Act creating City Court----------------------253, 255, 287, 351, 354
--Savannah, City of; extend corporate limits __________340, 382, 418, 425, 662, 721, 942, 1008, 1039, 1170
--Savannah; amend charter, extend corporate limits and limiting police jurisdiction...._........_._110, 128, 195, 199, 289
--Savannah, City of; issue revenue certificates ........._.-------------------203, 203, 216, 351, 354
--Savannah, City of; relating to teachers' pensions ----------------------864, 866, 905, 1199, 1205, 1264
--Savannah, City of; to create and establish Municipal Court..---..--._._...316, 348, 418, 425, 720, 876
--Savannah, City of; to establish Local Government Commission ____--------___------___315, 348, 418, 424, 716
--Savannah, City of; repeal Act relating to Local Government Improvement Commission _.......----._......._..____._..__.576, 648, 773, 801, 991
--Savannah District Authority; provide members shall not succeed them selves in office------_---194, 216, 251, 259, 720, 877
--Shiloh, City of; to grant charter and provide municipal government--.------281, 319, 385, 392, 496, 511
--Smyrna, City of; increase corporate limits __----------...------------------..638, 710, 835, 848, 1072
--Soperton, City of; new charter----.----580, 651, 773, 802, 993 --Springfield, City of; fix terms of City
Court ...__------__._..----...--------------.484, 533, 590, 734, 939 --Springfield, City of; increase salary of
Judge of City Court----. .....------ .483, 533, 590, 733, 939 --Spring Place, City of; provide ad valorem tax shall
not exceed 5 mills------------------ --407, 437, 494, 501, 717 --Statesboro, City of; change annual salary of
Judge of City Court._._...----...... ...-532, 587, 657, 733, 941 --Summerville, City of; new charter----706, 778, 836, 853, 1074 --Suwanee, City of; provide municipal government and
define corporate limits... 981, 1066, 1068, 1172, 1266, 1273 --Swainsboro, City of; provide for change in hours for
voting in elections------------------377, 412, 494, 506, 716

INDEX

1413

HB 337
HB 512 HB 374 HB 224 HB 223 HB 478 HB 335 HB 474 HB 342 HB 69 HB 449 HB 448
HB 330 SB 97 HB 184 HB 555 HB 595 HB 690 HB 244

--Sylvania, City of; change provisions relating to salaries of Judge and Solicitor of City Court........__._____.460, 489, 540, 543, 861
--Temple, Town of; provide requirements of qualified voters .------____----.....636, 709, 835, 846, 1072
--Thomaston, City of; change voting hours ............... --._..____------485, 534, 590, 736, 940
--Thomasville, City of; to establish City Court----._____----------.___.......313, 346, 417, 427, 659
--Thomasville, City of; to increase maximum tax rate for maintenance of public schools..----.313, 346, 417, 423, 659
--Toccoa, City of; create Toccoa-Stephens County Airport Authority.....----.............----578, 650, 772, 794, 992
--Toccoa, City of; provide for hours of voting, disposition of ballots..--......._-_....._459, 489, 540, 543, 861
--Trenton, City of; provide for new system for registering voters.--.-....----.- 578, 649, 772, 794, 992
--Ty Ty, Town of; change terms of Mayor and Council------------.----460, 490, 540, 543, 861
--Warrenton, City of; extend corporate limits __----___.--------.-..----...------156, 170, 196, 202, 322
--Warwick, City of; change name from Town of Warwick------------.----574, 646, 772, 791, 990
--Warwick, City of; not affected by limi tation of ad valorem taxation by municipal corporations..........--.........574, 646, 772, 791, 990
--Waycross, City of; amend charter relating to Board of Tax Assessors ..._.___.........._._.........458, 488, 540, 542, 861
--Waycross, City of; change compensation of certain officials.._.____..663, 739, 781, 983, 1003, 1190, 1220
--Waycross, City of; relating to insurance of employees-.------..--------.------280, 318, 385, 394, 498
--West Point, City of; provide method of electing Mayor and Aldermen..__.._......___..704, 777, 836, 852, 1074
--Winder, City of; relating to sanitary assessments _._.--._._.._..___.__-- ....763, 840, 936, 950, 1201
--Woodstock, City of; change procedure of electing Mayor and Councilmen----_____.....933, 986, 1068, 1080, 1309
--Zebulon, City of; create new charter ..._,,.............._.._----------340, 382, 418, 425, 661, 664

MUNICIPAL HOME RULE LAW HB 15 --To provide for self-government------------..----109, 128, 541

MUNICIPAL OFFICIALS HR 126 --Tribute to.,,.._.---____._..--__..-- ..----

.._. 472, 564

MUNICIPAL OFFICIALS AND MAYORS SR 35 --Pay tribute to.______......_______.....______.._....____498f 501, 537, 937, 1061

1414

INDEX

MUNICIPAL TAXATION HB 608 --Exempt certain merchants and dealers.--------.--------766, 843

MUSCOGEE COUNTY
HR 18-39 --Convey property owned by State for military purposes._.___..__.._._. .._.__----_ 127, 141, 350, 395, 941
HR 109-291--Georgia Historical Commission authorized to construct museum in_______----_--___407, 436, 1162, 1185, 1310
HB 438 --Right and power to condemn small watershed projects on private property----...--------572, 644, 771, 789, 1071
HB 18 --To provide for a First and Second Vice President of the Board of Education............... 123, 139, 195, 199, 320

MUSGROVE, DOWNING HR 228 --Commend _...................................._________....--..................... ...887, 942

NAMES HB 172

N
--To provide new procedure for persons desiring to change their name..---246, 285, 316, 355, 564

NATIONAL GUARD OF GEORGIA

HB 429

--State Employees' Retirement System; amend; include civilian employees ........................ ... .... 570,643,715,875,1166

NATIONAL MAID OF COTTON HR 117 --Extend invitation to Lynda Joy Lackey.............---- ..... 452, 539

NATIONAL MEMORIAL DAY HB 23 --Declare May 30th as holiday..___..___----..----------....... 124, 139

NATURAL RESOURCES HR 219 --Committee; create sub-committee----.-----879, 1199, 1226

NELLIEVILLE, VILLAGE OF
HB 529 --Repeal Act incorporating-...------.------_.639, 710, 835, 849, 1072 HB 385 --Relating to Commissioners---------...,,.----.----..-- .....--..487, 536

NELSON, CITY OF HB 686 --Change rate of tax levy ..........--------..932, 986, 1068, 1079, 1308

INDEX

1415

NEWNAN, CITY OF

HB 61 HB 383

--Create office of City Manager; relating to Water Sewerage and Light Commission.._.---- .--___ _ __154, ^69, 196, 201, 321
--Close Goodrum Place ...--.-.--.--.....-486, 535, 590, 737, 940

NEWTON COUNTY
HB 483 --Change compensation of Commissioner of Roads and Revenues ___------..,......_.579, 650, 772, 795, 992

NON-PROFIT COOPERATIVE ASSOCIATIONS
SB 119 --Change eligibility for membership requirements... 895, 906, 935, 948, 1294, 1295

NON-RESIDENT CONTRACTORS HB 348 --Collection of taxes.... .......--.................. ......461, 491, 658, 1071

NORCROSS, CITY OF HB 578 --Extend corporate limits .... _.....__..708, 780, 836, 855, 1074, 1117

NORTHERN JUDICIAL CIRCUIT
HR 169-511--Furnish certain law books.._._..........._..__. 583, 654, 773, 798, 1170 HB 227 --To provide compensation for Judge
of Superior Court----------...314, 347, 467, 474, 894

NURSERYMEN HB 580 --Motor Fuel; provide for refund to nurserymen ,__...__761, 834, 839

o
OBSCENE LITERATURE HB 195 --Impose a statutory civil penalty to seller... ........ 309, 343, 770
OCILLA, CITY OF HB 550 --Relating to registered voters ................ ..704, 776, 836, 851, 1073 HB 551 --Relating to water and gas systems ... ... 704, 776, 836, 851, 1073
OFFICE BUILDING AUTHORITY HB 377 --State; clarify definition of certain words used in Act.---.......-..---. 485, 534, 715, 807, 1166

1416

INDEX

OFFICIAL AND STATISTICAL REGISTER, GEORGIA

HR 33 --Prepare ...

....

....____..............143, 202

OGLETHORPE COUNTY
HB 572 --Fix compensation members of Advisory Board, County Commissioners ___..707, 779, 836, 854, 1074

OLD AGE ASSISTANCE ACT SB 52 --Define "Assistance" ....... ......... .......................499, 500, 537, 894

ORDINARIES

HB 515 HB 87 HB 179 HB 265 SB 58

--Authorize to establish additional election precincts ...... 637, 709 --Provide appointment of Special
Bailiff in certain counties.......__..... 189, 212, 467, 726, 1260 --Shall serve as Judge until successor is
elected, certain counties_..___..._...........279, 318, 385, 394, 497 --Terms for Court; not meet
on Holiday ._.._..._...___._._._._.....__......_.__....377, 412, 467, 510, 716 --When business may be transacted _______........ 471, 473, 493, 1050

ORDINARIES' RETIREMENT FUND OF GEORGIA
HB 387 --Amend .........._. 487, 536, 658, 824, 940 HR 105 --Create Committee to study_.....________._______.__.__..__._____.._._._____________.___373

OSTEOPATHY
SB 74 --Procedure of Doctor when on hospital staff ........... .._............__.___.499, 500, 537, 935, 1295

OUTDOOR ADVERTISING
HB 155 --Advertising, Outdoor; To control erection and maintenance..........__...............__

242, 283

OXFORD, TOWN OF
HB 484 --Provide for compensation of Mayor and Councilmen _.__...._........579, 650, 772, 795, 992

PAGES
HB 323 SR 16

P
--Exempt from taking loyalty oath..... 434, 464, 774, 868, 1166 --Excused absences from public
schools when serving as............ 253, 255, 287, 494, 565, 662

INDEX

1417

PANNELL, HONORABLE CHARLIE --Letter from Governor Vandiver----------------------__--.1130

PARKER, ALBERT HR 279 --Express appreciation to.----..-------------------------------..1240

PARKS (See Named Park)
HR 164-460--Jefferson Davis State Park; create local council to advise with the Department of State Parks..----_.. 576, 648

FARMER, HERSHEL HR 203 --Congratulate ---- .._...----.... ...-.-.__-------__._....----------------754

PATIENT CARE (See Milledgeville State Hospital, Mental Health) HR 63 --Create Committee to study cost of-------------.-.-..-------228

PATTERSON, HONORABLE EUGENE --Editorial by--read to House.----------------------------------221

PAULDING COUNTY

SB 145 HB 584

--Paulding County Water Authority; create ------.--------.----943, 956, 987, 1069, 1173
--Supplement salary of Sheriff-.--------.762, 839, 936, 949, 1201

PAVO, CITY OF
HB 222 --To provide for a change in election of the Mayor----------......------------313, 346, 417, 423, 659

PEACE OFFICERS

SB 10 HB 186

--Subsistence Allowance not taxable as income; Con stitutional Amendment----253, 254, 286, 773, 1193, 1269
--To increase payment of fees, certain counties----------.------------280, 319, 771, 785, 988

PEACE OFFICERS' ANNUITY AND BENEFIT FUND (See Peace Officers)
HB 392 --Amend __----------------.----.__--------------.----529, 584, 938, 1125 SB 147 --Change provisions relating to sums
remitted to fund-----------.----------------944, 1008, 1067 SR 20" --Committee; to study.----.----------------324, 326, 350, 1200, 1229 HR 139-408--Increase actuarial soundness of;
amendment to the Constitution _------..,,.--.----_..... 531, 586

1418

INDEX

PEACH COUNTY
HB 470 --Consolidate office of Tax Receiver and Tax Collector-....,.............----___577, 649, 772, 793, 991

PENITENTIARIES (See Prisons, Prisoners, and Department of Corrections) HB 143 --Establish Guard Lines at.------------211, 250, 288, 335, 470

PENSIONS (See Named Group, and Retirement)

HB 606 HB 387 HB 392 HB 158 SB 100

--Firemen's Pension; amend act; include volunteer firemen -_----_----------.,,.-__.--...--_______------.765, 842
--Ordinaries' Retirement Fund; amend Act .----------.___----____--------487, 536, 658, 824, 940
--Peace Officers' Benefit Fund; amend Act ...._.._,. .-..._...-...._..-................_._-529, 584, 938, 1125
--Police Department; to provide pensions to widows, certain cities.------------243, 283, 591, 737, 939
--Provide for Source of Revenue for Firemen Pensions.------_..._----784, 805, 844, 938, 1220

PERRY, ED HR 179 --Express appreciation to..-----.___.__...._......._..__._____.________.._._.._.--____.1240

PERSONS, ROBERT OGDEN, SR. HR 205 --Commend ------.-------------- ...----_----_----------------------------755

PERSONAL INJURY CLAIMS (See Workmen's Compensation) HB 296 --Regulate right of settlement of....--..-.--------------407, 437

PESTS HB 543

--Structural Pest Control Act; repeal provision limiting licensing power of municipalities ....--------703, 775, 981, 1184, 1304

PETROLEUM INDUSTRY HR 50 --Create Committee to study..................----............--------_--------.187

PHARMACY (See Drugs)

HB 250 HR 250

--Permit required to operate..............----------.342, 383, 935, 1038 --Georgia Permit Act; create; permits
for druggists ...._,..----.._..._._._.................... 342, 383, 935, 1038

PHILLIPS, GLENN S., JR. HR 120 --Express sympathy for passing of--------------------------------453

INDEX

1419

PIEDMONT JUDICIAL CIRCUIT
HB 75 --Place court reporter on salary basis in lieu of fee basis------- 168, 196, 217, 219, 387

PIERCE COUNTY
HB 394 --Change compensation for County Commissioners ---------.------------529, 585, 656, 730, 940

PISTOLS SB 132

--Purchaser must provide certificate of residence -----. -- .------------------896, 907, 948, 1175

PLATS HB 359

--Amend Act to provide that certain counties shall come under operation of said Act-------463, 492, 656, 748, 994, 1116

PLUMBERS HB 219

--To provide for examination, certain counties ._.,,,,------------___------------_,,------312, 346, 770, 917

POLICE SB 90

--County; limit certain powers to the

county of appointment or

election

- _ __589, 592, 655, 774, 1295

POLICE ACADEMY HR 216-642--Create Committee relative to establishment of....------832, 903

POLICE DEPARTMENT

HB 158 --To provide pensions to widows,

certain cities

_ .----

-- 243, 283, 591, 737, 939

POLITICAL ADVERTISING HB 601 --Provide for rates----..........---------765, 842, 935, 1035, 1117

POPE, LONNIE HR 295 --Construction of Lonnie Pope Bridge authorized ----- ------1295
PORT WENTWORTH, CITY OF HB 236 --Fix time for adoption of license ordinances relating to businesses-315, 348, 418, 424, 660

1420

INDEX

POST MORTEM EXAMINATION ACT HB 360 --Georgia; provide for certain exemptions ------------------_-483, 533, 713, 972, 1202
POSTMASTER GENERAL HR 222 --Urge to establish Capitol Hill Branch Post Office--------------------881, 1199, 1232, 1306
POST OFFICE HR 222 --Urge Postmaster General to establish Capitol Hill Branch-............ 881, 1199, 1232, 1306
POWDER SPRINGS, CITY OF HB 523 --Change corporate limits,.--..-.--- -----638, 710, 835, 848, 1072
POWERS, JAMES E. HR 301 --Endorsement for American Legion National Commander -- 1300
POWERS, NOAH A. HR 56-142--Compensate ----------------------------211, 250, 768, 971, 1203

PRACTICE AND PROCEDURE (See Courts, Crimes, Named Subjects)

SB 64 SB 60
SB 70 SB 56 SB 29
HB 150 HB 581 HB 172 HB 607 SB 27 SB 57 SB 59

--Adoptions; rights between natural and adoptive parents------------471, 474, 493, 714, 1274
--Attachment cases; relating to appearance day, trial term, judgment pursuant to default, etc. .............................471, 473, 493, 774
--Certiorari proceedings; redefine time and procedure------------------498, 500, 537, 770, 1275
--Discovery and disposition of interrogatories ----------------------------499, 500, 537, 771
--Investments by Executors, Adminis trators, etc., property owned by estates --------------------------418, 420, 440, 467, 1192
--Method of examining witnesses to wills ------------------------------241, 282, 467, 510, 938
--Motions for directed verdicts--------------761, 834, 839, 960, 1204 --Names; procedure in changing
names of individuals-- ----------.--.246, 285, 316, 355, 564 --Partition of undivided interest
in realty ._____..--__.------------------766, 842, 935, 1015, 1310 --Pleadings; remove certain provisions
relating to waiver of objections------------470, 473, 493 --Pleadings; provide for extension of time
for filing ----------------------------------471, 473, 493, 771 --Redefine situations in which damages must
be established before court or a jury--------..499, 500, 537

INDEX

1421

PRESIDENTIAL ELECTORS SB 80 --Repeal Act relating to-------------------------- ._...._.588, 591, 654

PRESTON, PRINCE H.
HR 204 --Express sympathy for passing of--------------------------755, 942 SR 41 --Express sympathy for passing of--------------663, 738, 773, 780

PRIMARIES (See Voting and Elections)
HB 494 --State Executive Committee shall fix date for holding of----------------581, 651, 715, 1180, 1310

PRISONERS AND PRISONS (See State Board of Corrections)

HB 247 HB 153
HB 246 HB 143 HB 144 HB 144

--Escape; amend Act to eliminate certain provisions --------------------341, 382, 495, 548, 861
--Georgia Prison Industries Act; to allow for manufacture and sale of certain items Veterans' Organizations ------------242, 282, 657, 823, 1071
--Provide penalty for escape--------------341, 382, 495, 548, 861 --Provide for establishment of guard
lines at various penitentiaries..-......211, 250, 288, 335, 470 --Reinstate extra-good time allowance
forfeited by offenses of escape...--- 211, 250, 288, 336, 470 --Reinstatement of "good time"
allowances ____........___..-..-....___...__-..-_. 211, 250, 288, 336, 470

PROBATE WILLS HB 149 --Wills; to amend act relating to probate.------------------241, 281

PRODUCTS HB 450

--Weighing of farm and forest products by certified Public Weighers------------574, 646, 655

PROFESSIONS (See Named Profession)

HB 322
SB 76 SB 74

--Qualifications for examination, experience, etc. or Architects----------...434, 464, 770, 912, 962, 1303
--Doctors, display of license.--............--.._.----_.499, 500, 537, 935 --Osteopathy; procedure of Doctor
when on hospital staff....______.__.__......499, 500, 537, 935, 1295

PROFESSIONAL ESCORT SERVICES HB 641 --Provide for creation of State Board of Examiners--- 831, 902

PROFESSIONAL SERVICE, ASSOCIATION ACT SB 92 --Define ....------...... --------721, 739, 781, 838, 1194, 1218, 1267

1422

INDEX

PROFESSIONAL SOCIETIES HB 328 --Promote advance study --_----.----------458, 488, 775, 916, 1167

PROPERTY (See State Property and Named Property)

HB 537 SB 114 HR 272 HB 59 HB 607 HB 437 HB 603 SB 63
HB 294 HR 254
HB 162
SB 124

--Board of Education to lease_-_~.---__.640, 711, 769, 1180, 1303 --County owned; sale of_______......_.....___.__895, 906, 948, 1069, 1266 --County Re-evaluation; relative to funds for program.----...1236 --Deeds; prerequisites before admitted
to record .------.._...._------------...-......138, 159, 252, 295, 308 --Landowners may compel partition----766, 842, 935, 1015, 1310 --Private; right and power to condemn
for small watershed projects----------.......___._..572, 644, 770 --Provide that in certain instances
violations of sale shall be a felony--______.__.------_ 765, 842 --Provide for payment of tax on real
property; release of tax liens .....--------------..._----721, 738, 780, 826, 834, 1259 --Provide condemnation by State or United States ......----..------------..._...------407, 437, 496, 908 --State Institutions and Property Committee to study state owned property during interim ------------_______.___--------.1049, 1199, 1228 --State Revenue Commissioner; Relating to remittances of property taxes ._..__._..----.------____..____243, 284, 352, 399, 660 --To provide for private sale, transfer, etc. of unserviceable county property--895, 907, 948, 1163

PRYOR, WALLACE
HR 127-383--Relieve as surety on appearance bond in Superior Court of Pike County ....._.....-.....______..-.........486, 535, 768, 1192, 1304

PSYCHOLOGISTS
HB 229 --To make provisions for licensure through State Board of Examiners.............__. .314, 347, 935

PUBLICATIONS
HB 112 --State Department; prescribe manner for distribution of publications, mail, etc.--__--..--------194, 215

PUBLIC EMPLOYEES HB 495 --Prohibited to strike.__......._._._.____.............._.__...................-.__581, 651

PUBLIC FUNDS HB 604 --Expenditure of; provide for bids.--------..............------.-- 765, 842

INDEX

1423

PUBLIC HEALTH, DEPARTMENT OF
HB 343 --Authorize to accept legal title to certain property ----------------...--------.--.461, 490, 774

PUBLIC HEALTH HR 240-701--Committee to study laws revision........------___--------1066, 1164

PUBLIC LEGAL HOLIDAYS HB 23 --Declare May 30th holiday.-------_-....------..-------.--124, 139

PUBLIC OFFICE

HB 536 HB 400

--Change provisions for eligibility and qualification for --640, 771 --County unit system; nomination by
political parties to----------------------------------530, 585

PUBLIC RECREATION AUTHORITIES (See Authorities) HB 462 --Sales Tax exemption------------------------.----------.--.576, 648

PUBLIC SAFETY, DEPARTMENT OF (See Department of Public Safety)
HB 52 --Provide for issuance, suspension and revocation of drivers' licenses......--.137, 158, 217, 222, 419

PUBLIC SERVICE COMMISSION HB 181 --Relating to safety of public and railroad employees .... 279, 318

PUBLIC UTILITY COMPANIES
HB 393 --Relating to mortgages and bills of sale ----...--------.--------------..529, 584, 770, 868, 1202

PUBLIC WEIGHERS, CERTIFIED
HB 450 --Provide for weighing of farm and forest products ..------------....----_----...._........... .574, 646, G55

PUCKETT, V. H. HR 186-577--Compensate ....--.----------------------....-.--...708, 780, 934, 1305

PULASKI COUNTY

HB 212

--To change compensation of the Commissioner of Roads and Revenues -.-.----------------___------311, 345, 417, 422, 988

1424

INDEX

PUTNAM COUNTY
HE 260-701--Election of members of Board of Education; amendment to the Constitution __________..___.._._.--------.--------1066, 1163, 1164

R
RABUN COUNTY HR 185-574--Designate Paul A. Green Bridge------708, 779, 836, 860, 1168

RACING ON HIGHWAYS
HB 104 --Misdemeanor to race or engage in speed ___.______.___.__._.__._._______.__.__192, 214, 468, 546, 994, 1252

RADAR SB 162

--Use on highways.____..._...._._____.___-.___.1043 ) 1115, 1163, 1165, 1280

RAILROAD EMPLOYEES HB 181 --Safety of; rules and regulations relating to.........--------279, 318

RANDOLPH COUNTY

SB 136 SB 54

--Change compensation of sheriff....----....------------865, 867, 905 --Provide for election of Commissioner
of Roads and Revenues......----....----390, 391, 416, 467, 477

RANSOM, WM. M. AND KERRY E. HR 107-283 --Land conveyance in Walker County_._381, 415, 657, 910, 1169
RAW MATERIALS HR 60-151--Deduct from ad valorem tax; amendment to the Constitution.......----...241, 282, 495, 608

RAY, JACK B. HR 290 --Commend _--------..----.....--------...--..----__..._..----_......----__..1283

REAL ESTATE

HB 270
HB 19 SB 86

--Amend Act relating to renewal of licenses _ __-------------.....----379, 414, 770, 914, 1167
--Commissions for real estate agent----_--------------._. 124, 139 --Georgia Real Estate Investment
Board; provide conditions under which application fees refunded....------___539, 541, 588, 770

INDEX

1425

HB 230
HB 607 HB 359 HB 55

--Georgia Real Estate Investment

Board; abolish --------------------314, 347, 770, 1026, 1262

--Partition of undivided interest in.----766, 842, 935, 1015, 1310

--Recording of maps and plats.------463, 492, 656, 748, 994, 1116

--State owned may be improved with

funds appropriated for a

t

State Department ...------------------138, 159, 252, 295, 660

REAPPORTIONMENT

HB 400 HR 145 HR 296 HR 145

--Certain officials elected by county unit system ....._________ 530, 585 --Committee to study---------------------556, 654, 658, 1036 --Commission to study; create--------------------------------1296 --Provide commission to study
advisability of ..........----------------------..556, 654, 658, 1036

REGISTRARS

HB 29 HB 28

--Selection of; certain counties--------------------._.--...____ ...125, 140 --Time limit for name to be re
tained on registration list .......125, 140, 195, 227, 362, 375

REGISTRATION OP VOTERS (See Voters, Elections, Registrars)
HB 188 --Voters to register by political party or as independent--------------------------------------280, 319

REPORTING OF CRIMES
HB 492 --False report shall be punished as for a misdemeanor ------_--------.------__----__----580, 651, 774

RETIREMENT (See Employees Retirement, Teachers' Retirement, Judges Retirement)

HB 678 HB 387 HB 187
HB 452 HB 481 HB 169
HB 390

--Judges of Civil or municipal courts eligible for Employees' Retirement System---.------------931, 985
--Ordinaries; amend _--------__----.--..-.487, 536, 658, 824, 940 --Solicitors General; to provide
additional methods of quali fications under retirement fund-- 280, 319, 656, 867, 1167 --Solicitors General; change date of eligibility ------------------....._....574, 646, 658, 871, 1201 --State employees; provide minimum benefits...----------_579, 650 --State Board of Corrections; to provide that Director shall act for employees for retirement provisions........------_ 244, 284, 350, 398, 539 --State employees; redefine retirement allowances, limit prior service--529, 584, 1069, 1184, 1267, 1272, 1282

1426

INDEX

SB 34 HB 317
HB 599 HB 598 HB 560

--State Employees Retirement System; survivor benefits--------539, 541, 587, 938, 1276
--Teachers' Retirement System; clarify provisions of qualifying for credit for prior service------ -368, 434, 464, 769, 1167
--Teachers' Retirement System; change provisions relaitng to members -------- ---- ------ ----764, 840
--Teachers' Retirement System; provide for suspension of payment of benefits ........_......._____...__.763, 840
--Teachers' Retirement System; change provisions for optional service benefits ---------------------------.-.705, 769, 777, 927, 1126

REVENUE DEPARTMENT

HB 164 HB 166

--Service of notices of tax assessments by mail .----....---------- 244, 284, 352, 445, 658
--To make it a misdemeanor to impersonate an auditor or agent----------..---244, 284, 770, 1016, 1262

RHINE, TOWN OF HB 124 --To enlarge corporate limits .._.....................208, 247, 287, 328, 442

RICE, REVEREND E. K. HR 129-383--Compensate -----487, 535

RICHMOND COUNTY

HB 530 HB 640 HB 528 HB 531 HB 664 HB 526 HB 532

--Appoint certain court officials .------.. 639, 711, 836, 850, 1073 --Authorization to establish and
maintain law library-----_--------.-831, 902, 983, 997, 1261 --Change compensation of certain
officials --------.-.-----...-.-.-639, 710, 835, 849, 1072 --Change compensation of coroner from
fee to salary basis---------------639, 711, 836, 850, 1073 --Change compensation of certain
officials .------..----------------898, 946, 983, 999, 1262 --Change compensation of Judge of
the City Court-------------------638, 710, 835, 848, 1072 --Provide for secretary to serve
judges of the City Courts-...-.------639, 711, 836, 850, 1073

RIGHT TO WORK HB 261 --Protect from infringement based on age----...-------- 377, 412

RINCON, TOWN OF HB 193 --To provide for registration of voters.- 309, 343, 417, 421, 661

INDEX

1427

ROBERTS, JAY HR 141-408--Compensate -.,,....------------........--------532, 586, 768, 972, 1203

ROCKDALE COUNTY
HB 332 --Change compensation of Sheriff from fee to salary system....... 459, 488, 540, 542, 863, 875
HB 333 --Change compensation of Ordinary from fee to salary system.-____459, 489, 540, 543, 863, 876
HR 78-226--Empower governing authority to enact ordinances; amendment to the Constitution....___..................314, 347, 936, 1088, 1310
HB 331 --Increase compensation of Ordinary.__._.___458, 488, 540, 542, 861

ROCKMART, TOWN OF

HB 658 HB 167

--Confer additional powers upon corporate authorities........_______________ 897, 945, 983, 998, 1261
--To extend corporate limits _____ 244, 284, 351, 354, 497, 741, 784

ROME, CITY OF

HB 455 HB 454 HB 424
HB 299

--Define corporate limits........----------------.........575, 647, 772, 991 --Define rights and powers--------------------575, 647, 772, 791 --Rome-Floyd County Industrial
Development Authority; create----..570, 643, 771, 787, 989 --Salaries of members of Rome City
Commission ----------------------------408, 437, 494, 502, 717

ROME-FLOYD COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY
HB 424 --Create _____________________.._..----------.--------570, 643, 771, 787, 989

ROME JUDICIAL CIRCUIT
HB 298 --Increase salary of Assistant Solicitor-General --------.....----------.408, 437, 494, 501, 717

ROSSVILLE, CITY OF HB 613 --Change corporate limits.__._......_............... 766, 843, 936, 952, 1203

ROSWELL, CITY OF SB 68 --Change corporate limits----------------444, 445, 465, 1068, 1114

ROUGHTON, FRANK M. HR 74 --Request screen test.....------------.-------------291, 386

1428

INDEX

ROW, DR. WILLIAM H. HR 275- --Regret illness of.....--_----..----_------.------------------------... ----1238

RULES REVISION COMMITTEE
--Report of Special Committee-------------------------------------- 33 --Report of Towns County Contest--------------------------.112

RUNDLES, ERNEST PAUL HR 94-269--Compensate -.___.--------.-.__.--_------------.....--------_-.. 379, 414

RURAL MAIL CARRIER
HB 501 --Authorized to display amber colored light ------------------------582, 652, 837, 910, 1166

RURAL ROADS HR 227 --Create Committee to inspect..___.---------- --------885, 1199, 1227

RUSK, HONORABLE DEAN HR 196 --Congratulate _,,__-------------------.----...........749, 773, 887, 942

RUSSELL, HONORABLE RICHARD B.
HR 46-113--Designate Richard B. Russell Bridge --------------------------194, 216, 466, 509, 607, 1167

s

SALES TAX
HB 684
HB 461 HB 239
HB 462 HB 504
HB 74 HB 286 HB 561 HB 218 HB 183 HB 217

--Amend Act relating to coin-operated music and amusement devices--_--_____----_--_932, 985
--Change time for delinquency------------------------------576, 648 --Compensation of dealer for accounting,
remitting tax levied----------------_~__--------339, 381 --Exempt Public Recreation Authorities.----_____------576, 648 --Increase rate and provide for increased
allowance to dealers----------------------__.__-582, 653 --Provide schedule for computing .. .... ...------157, 171, 775, 826 --Relating to resale by Registered Retail Merchants__.406, 435 --Soft Drinks; provide for definitions and procedure----705, 777 --To provide brackets of prices for collection......-------- 312, 345 --To provide exemption of medicine in certain instances-- 280, 318 --To provide punishment for failure to remit----------'--312, 345

INDEX

1429

SANDERSVILLE, CITY OP

HB 262 HB 672

--Change corporate limits..--_--------~377, 412, 467, 474, 716
--Change in maximum fine for violation of law or ordinance....-------------899, 947, 983, 999, 1262

SAVANNAH, CITY OF

SB 18 HB 17
SB 113 HB 245
SB 2 SB 133 HB 463 HB 237 HB 235

--Amend Act creating City Court--------253, 255, 287, 351, 354
--Amend charter, extend corporate limits and limiting police jurisdiction ------------------------110, 128, 195, 199, 289
--Amend charter relating to Mayor and Aldermen.--721, 741, 782
--Extend corporate limits ----.-340, 382, 418, 425, 662, 721, 942, 1008, 1039, 1170
--Issue revenue certificates ...--------------203, 203, 216, 351, 354
--Relating to teachers' pensions____864, 866, 905, 1199, 1205, 1264
--Repeal Act relating to Local Govern ment Improvement Commission _____ 576, 648, 773, 801, 991
--To create and establish Municipal Court ----------------315, 348, 418, 425, 720, 876
--To establish Local Government Commission -_----------.------------.. 315, 348, 418, 424, 716

SAVANNAH DISTRICT AUTHORITY
HB 116 --Provide members shall not succeed themselves in office ------------194, 216, 251, 259, 720, 877

SAV-A-STOP, INC. HR 190-599--Compensate ......--..._----.-------- .------.................. __________ __764, 841

SCHOLARSHIPS HB 2 --Provided locally for pupils in private schools._..__------ 105, 110

SCHOOL BUSES AND DRIVERS

HR 75 HB 284 HB 497
HR 104

--Create Committee to study retirement benefits __________ _.......293 --Committee to study matters pertaining to .----------___----1244 --In certain cases pupils not counted
as transported pupils._------------581, 652, 892, 960, 1204 --Provide transportation for children
living within 1% miles----------------------------------.372

1430

INDEX

SCHOOLS (See Education, Board of Regents, State Department of Education, Teachers)

HB 6 --Appointment of local school trustees and

authority to tax locally for public schools--_________ -105, 110

HR 247 --Athletic events; provide proper supervision--______.._..__......_. 1044

HR 225 --Attorney General to study admission

requirements

......._,,.__......_._____._....__-883, 984, 1129, 1304

HB 466 --Authorize counties to levy tax for

certain school lunch purposes----------- _______.___..._.._..577, 648

HR 114-333--Cannot be prohibited from invest in certain

bonds amendment to the Constitution-----.--459, 489, 656

HB 4 --Contributions to certain private schools and

credit on ad valorem tax------..........._._......____.--..... ..... 105, 110

HR 136 --Create Committee for further studies .--...,,..------517, 773, 885

HR 291 --Endorse increased Federal support........... -- .-.------ 1285, 1288

HR 69-174--Freedom of association; amendment

to the Constitution------------------246, 286, 287, 333, 443

SB 48 --Grants of local and state funds--

implement Constitution----__________.....366, 367, 384, 385, 428

HB 497 --In certain cases pupils not counted

as transported pupils------......... .-581, 652, 892, 960, 1204

HR 113-333--May invest sinking funds in certain bonds;

amendment to the Constitution---------------- -459, 489, 656

HB 85 --Minimum Foundation Program of Education; to

provide for increased teachers' salaries

through State funds......... __________._._.___..___.__..._._._..._......____ 169, 197

HB 62 --Minimum Foundation Program of Education;

remove provisions relating to population

for determining amount of funds by

local units to pay teachers' salaries------------155, 169, 494

HB 5 --Minimum foundation program and

requirements met by local school boards------------.105, 110

SB 24 --No child shall be forced to attend

with another race........-......_.._..._...__.288, 289, 320, 769, 1277

SB 141 --Provide for compulsory school attendance.....------896, 907, 948

HB 263 --Provide for compulsory school attendance. ....------377, 412, 494

HB 25

--Provide financial assistance for school districts where 3% population is employed by State of Georgia .------------124, 140, 743, 967

HB 482 --Provide grants of State and Local Funds-...........------..579, 650

HB 249 --Provide minimum annual salary for teachers.----------341, 383

HB 7 --Pupil Placement; Governing Authority of local districts---................._.___________..._..........____.__........._106, 111

SB 49 --Redefine school systems from which appeals may be taken--------__.._.._________.._...367, 384, 385, 430

HB 542 --Regulate attendance of married students--702, 769, 775, 1203

HB 679 --Relating to grants for school children; not apply certain counties-- __.__,,_.__________.________________...931, 985

INDEX

1431

HB 8 SB 142 HB 22 HB 2 HR 292
HB 599 HB 317
SB 50 HB 568 HB 598 HB 552 HB 560
HR 116 HB 434 HB 3 HB 174

--Repeal Acts requiring segregation of the races in the public schools----------------------------.106, 111
--Repeal Act providing for compulsory school attendance between ages of 7 and 16--------896, 907, 949
--Retroactive service benefits under teacher retirement .----------------.124, 139, 494, 555, 894
--Scholarships provided locally for pupils in private schools----------------------------------.--105, 110
--State Training Schools; urge Board of Control to exercise authority relating to grants to deserving students _--------.----------------------. 1291, 1311
--Teachers; change provisions relating to members of retirement system.--------------------764, 840
--Teachers; clarify provisions of qualifying for credit for prior service .....-.------..--------.------_.....368, 434, 464, 769, 1167
--Teachers; increase salaries.------------------------.588, 591, 654 --Teachers; salary increase borne proportionately
from state and local funds1 ----_..._...----------------.....706, 778 --Teachers; provide for suspension of payment
of retirement benefits..--------------..__----------------763, 840 --Teachers; provide for an increase in salaries----------.704, 776 --Teachers' Retirement System; change
provisions for optional service benefits --------._----------..----------..705, 769, 777, 927, 1166 --Teachers; provide for salary increase------------------------.451 --Textbooks; provide for listing and adoption for use in public schools.----------------------.571, 644, 892 --To encourage elementary and secondary education _,,.._------....,,..__.___._....--...._....... 105, 110 --To provide for suspension and reopening-..--............---.246, 286, 297, 330, 443, 449

SCOGGIN, HONORABLE ROBERT L.

--Elected as Speaker Pro-Tern.....--------------.._.----.........

30

SCOGIN, MRS. MARY L. HR 42-99 --Compensate --_.._--_-----.--.--...-----_....--------___ 191, 213

SCREVEN COUNTY

HB 338

--Ordinaries shall have authority to issue warrants in misdemeanor traffic violations ----------------------460, 490, 540, 546, 861

SEABOARD AIR LINE RAILWAY HR 263 --Opposing merger with Atlantic Coast Line...............1126, 1177

1432

INDEX

SEABOARD CONSTRUCTION COMPANY HR 86-253--Compensate .----------------------342, 384, 589, 821, 1310

SECRETARY OF STATE

SB 3 SB 4
SB 93

--Compensation of; ------------------------322, 324, 348, 714, 1188 --Remove from provisions of limiting
and restricting salaries, etc.---_--322, 324, 348, 714, 1188 --Senatorial Districts; provide for qualifying with--784, 804, 844

SECURITIES

HB 142
HB 402 SB 31

--Georgia Securities Act; to provide for changing and clarification of requirements for exemption----------------211, 249, 398, 993
--Insurance Companies invest 75% in Georgia Securities.----_----------__-..--__----_530, 586
--Registration of; corporate fiduiciary-- 471, 473, 493, 935, 1192

SEED HB 597

--Georgia Seed Law; provide labelling to show actual germination.------__..----..__._.._.- .--763, 840

SEMINOLE COUNTY HB 43 --Relating to compensation of Treasurer... 136, 157, 196, 201, 321

SENATORIAL DISTRICTS
SB 93 --Provide for qualifying with the Secretary of State -.-----------.-.-.........---784, 804, 844

SHERIFFS SB 17

--Relating to salary scale.............----.........----------.498, 499, 536

SHILOH, CITY OF
HB 190 --To grant charter and provide municipal government --...-..-281, 319, 385, 392, 496, 511

SLASH PINE ELECTRIC MEMBERSHIP CORPORATION HR 191-599--Compensate ------------------------...764, 841, 934, 1034, 1305

SLUM CLEARANCE HB 589 --Amend "Urban Redevelopment Law"--------..------762, 838, 840

INDEX

1433

SMALL CLAIMS COURT

HB 225 HB 47

--Amend Act to change population figures; certain counties _________________-_._313, 346, 417, 424, 659
--Change certain population and U. S. Census figures ..._...__..___._..._......_..._...._.136, 158, 195, 200, 321

SMITH, HON. GEORGE L. II
--Communication from .....----._..,,_-_....-_-__.__..--,,.--._..---..-- - .,,. 162 --Elected Speaker of House-------------------_----26

SMITH, T. W. HR 23-39 --Compensate ..._..---- .-....----.------------127, 142, 934, 1014, 1305

SMYRNA, CITY OF HB 522 --Increase corporate limits--__..____.._....._._.638, 710, 835, 848, 1072

SOCIAL SECURITY ACT
SB 38 --Vocational Rehabilitation; director administer; compensation of Director..------390, 392, 417, 715, 1284

SOCIETIES, PROFESSIONAL HB 328 --Promote advance study.__.__..-.._._..__._____._.458, 488, 775, 916, 1167

SOFT DRINKS
HB 561 --Provide for definitions and procedure relative to taxation..................-.....--.......--..................705, 777

SOLICITORS-GENERAL

HB 187 HB 525

--Provide additional methods of qualifications under retirement fund_._....--..........280, 319, 656, 867, 1167
--Provide additional compensation to certain judicial circuits ___.__..___.____.__......________638, 710, 835, 848, 1169

SOLICITORS-GENERAL RETIREMENT FUND OF GEORGIA HB 452 --Change date of eligibility..................... 574, 646, 658, 871, 1201

SOPERTON, CITY OF HB 488 --New charter .....................___._...___._._.__._.._____580, 651, 773, 802, 993

SOUTER, HONORABLE LESTER HR 13 --Express sympathy for passing of..............-...........-._............--...117

1434

INDEX

SOUTHEASTERN POULTRY & EGG ASSOCIATION HR 84 --Compliment --___--_--_____.__._._--_--..--------___----------..------337, 386

SOUTHERN JUDICIAL CIRCUIT

HB 382 HB 10

--Place Solicitor-General on salary

system _--------.._.

...__486, 535, 590, 737, 1306

--Supplement salary of Judges .......------.106, 111, 144, 150, 289

SPALDING COUNTY

HB 357 HB 355

--Change compensation of Commissioners of Roads and Revenue.__.__..________.__.____._..463, 492, 540, 546, 862
--Relating to depository of county funds ----_----_._. .__..._._.__._......_._.._.._.__463, 492, 540, 545, 862

SPRINGFIELD, CITY OP

HB 363 HB 362

--Fix terms of City Court._...__.._._........ .....484, 533, 590, 734, 939 --Increase in salary of Judge of
City Court..----------------------483, 533, 590, 733, 939

SPRING PLACE, CITY OF
HB 295 --Provide ad valorem tax shall not exceed 5 mills .------_.....------_,------407, 437, 494, 501, 717

ST. MARYS RIVER
HR 295 --Construction of Lonnie Pope Bridge authorized... ........... .1295 HR 134 --Dredging of channel at Kings Bay
Terminal urged ----------______...------ .....515, 937, 1057, 1304 HR 182-571--Relative to bridge over river on U. S.
Highway No. 17------............ ...........__.------........ 707, 779

ST. SIMONS ISLAND HR 271 --Lighthouse; urge Federal Government to maintain..............1235

STATE BOARD OF ACCOUNTANCY
HB 269 --Provide additional points shall not be available to accountants........_--........................ 378, 413, 838

STATE DEPARTMENT AND BOARD OF CORRECTIONS

HB 143 HB 144 HB 168 HB 169

--Prisons; to provide for establishment of guard lines at various penitentiaries.----._------211, 250, 288, 335, 470
--Prisons; to reinstate extra-good time allowance forfeited by offenses of escape........211, 250, 288, 336, 470
--To determine eligibility for retirement _----------_______--------244, 284, 351, 398, 539
--To provide that Director shall act for employees for retirement provisions--...__----...244, 284, 350, 398, 539

INDEX

1435

STATE BOARD OP EDUCATION

HB 537 SB 49

--Authorization to lease property up to 4 years-----------------640, 711, 769, 1180, 1303
--Redefine school systems from which appeals may be taken--------------------------367, 384, 385, 430

STATE BOARD OF EXAMINERS OF PSYCHOLOGISTS HB 229 --Requirements of Board members-.--...-----------314, 347, 935

STATE BOARD OF HEALTH

HB 287 HB 175

--Provide payment for cost of support, care, etc.... .----406, 436 --To provide Federal aid under Federal Water
Pollution Control Act...........------246, 286, 317, 355, 658

STATE BOARD OF REGENTS
HR 257 --Request to adopt certain policies.----... .----..------.._........1051 HR 293 --Relative to adoption of resolution.----__.____----_______-1293, 1294

STATE CAPITOL SB 39 --Use of space in building ----.------------539, 541, 587, 657, 1221

STATE DEPARTMENTS

HB 112 HB 55

--Prescribe manner for distribution of publications, mail, etc..--..--------------.--..-----.------194, 215
--Real Estate; State owned may be im proved with funds appropriated for a State Department--------------138, 159, 252, 295, 660

STATE DEPARTMENT OF LABOR
SB 52 --Define "Assistance", Old Age Assistance Act.........------...------.................499, 500, 537, 894

STATE DEPARTMENT OF LAW
SB 51 --Provide for compensation of Attorney General---.... -1077, 1116, 1163, 1165, 1281, 1284

STATE DEPARTMENT OF VOCATIONAL TRAINING HB 490 --Supervise Ga. Industries for Blind Act..........----------580, 651

STATE EMPLOYEES

HR 64 HB 211
HB 514

--Create Committee to study Merit System of Personnel Administration ._..................................................228
--Garnishment; to provide salary of State government employees may be garnished --------------------311, 345, 635, 742, 1076, 1258
--Health Insurance Plan; authorize.......... 637, 709, 715, 823, 993

1436

INDEX

STATE EMPLOYEES' RETIREMENT SYSTEM

HB 429
HB 481 HB 259 HB 390

--Amend; include National Guard civilian employeeS-________._________--____570, 643, 715, 875, 1166
--Provide minimum benefits.-----------.------_..--.--_..----.579, 650 --Provide for additional creditable service..........--.--..----.376, 412 --Redefine retirement allowances, limit
prior service._...______.529, 584, 1069, 1184, 1267, 1272, 1282

STATE EXAMINING BOARDS
HB 656 --Repeal Act giving credit points certain applicants .........._........._......_._._____.......__..896, 938, 945

STATE EXECUTIVE COMMITTEE
HB 494 --Shall fix date for holding of primaries ._._____.._____._____--............... 581, 651, 715, 1180, 1310

STATE GAME AND FISH COMMISSION

HB 45
HB 520
HB 242 HB 669
HB 706 HB 583

--Amend relating to acquisition of land .__..._....__________-_____..------_.. 136, 157, 218, 227, 298, 469
--Election for opening sounds shall not apply in certain counties .........----__-..-_-__--------_----_----.__.--------..637, 709
--Provide for a sub-commission from coastal counties --340, 382 --Prohibit manufacture or possession of certain
traps _______._.___----_...----._________.._-....._.... ..........899, 947, 1163 --Prohibit manufacture or possession of certain traps.__....__._. 1248 --Transfer Department of State Parks to........_....__......._...761, 839

STATE HIGHWAY BUILDING HR 282 --Committee to study circumstances causing damages to the building............................................ __...--_...... ............1242
STATE HIGHWAY COMMISSION HB 275 --Create ....._.._.._..__.___....................._____.__.._......_........_......_..._..._.._ 380, 414

STATE HIGHWAY DEPARTMENT AND BOARD

HB 110 SR 12 HB 570 SB 1 HB 275

--Authorize to remove and relocate utility facilities of municipalities _________________________________________..________. 193, 215
--Convey real property located in East Point, Georgia, that is now surplus..................___.....419, 419, 440, 894, 1188
--Issue Special Permits for excessive weight of motor vehicles .__....._._....._.......----...................._.__.._....._.706, 778, 1163
--Lease contracts under certain Authority Acts .............---_-_-_-_-------------.150, 153, 160, 160, 171
--Prescribe duties, etc. of Chairman, Engineer and Treasurer ....................._________..._--___--_.___--_.--__.._.---- -380, 414

INDEX

1437

HB 321 HB 378 HR 138
HB 220 HB 38

--Provide for allocation to municipalities; repeal act._______434, 464 --Provide minimum work day and week for State
Highway Maintenance Crews--___----...__--------_______486, 534 --Raise minimum wage of maintenance
crews _-___-------------------------------518, 1199, 1229, 1311 --To provide payment for cost of water distribution
and sanitary facilities------------313, 346, 466, 825, 1168 --To provide members be elected by qualified voters
in respective districts.----------------------------------126, 141

STATE HOUSE OFFICERS:
HB 416 --Required to keep account of additional fees and com pensation, in addition to salary----_------_----------_569, 642

STATE HOUSING AUTHORITY BOARD
HB 36 --Abolish, validate acts of public officers ------__----------------------... 126, 141, 385, 508, 715

STATE INSTITUTIONS AND PROPERTY COMMITTEE
HR 254 --Committee make study state-owned property during interim ----------------------_------------1049, 1199, 1228

STATE INSTITUTIONS HR 63 --Create Committee to study cost of care of patients.----------228

STATE LIBRARIAN
HB 173 --To provide for distribution of General Assembly Acts to municipal attorneys....------------246, 285, 468, 478, 658

STATE LITERATURE COMMISSION HB 491 --Amend act creating __.........--.--------------------580, 651, 715, 822

STATE OFFICE BUILDING AUTHORITY ACT
HB 377 --Clarify definition of certain words used in Act ------------------..------------.485, 534, 715, 807, 1166

STATE OFFICIALS (See Named Official)

SB 51
SB 3 SB 5
SB 11

--Compensation of attorneygeneral ------------------.1077, 1116, 1163, 1165, 1281, 1284
--Compensation of Secretary of State.-322, 324, 348, 714, 1188 --Compensation of Secretary, Georgia Historical
Commission -..,,..----------------______.... _323, 324, 349, 1248 --Change compensation of State
Treasurer ___ .. ----.------------------.288, 289, 319, 714, 1180

1438

INDEX

HB 99 HB 593 SB 4
SB 10 SB 10

--Prescribe mileage allowance.____...___................______..__.__ .......191, 213 --Relating to appearance before grand juries ... ..... 763, 840 --Remove Secretary of State from pro
visions of limiting and restricting salaries, etc. __________________ ___.__....._______322, 324, 348, 714, 1188 --Salary and allowance for Commissioner of Labor ....___._____________..._......__.____288, 289, 319, 982, 1192, 1271 --Relating to salaries, allowances, etc. for Com missioner of Labor____._______.__-288, 289, 319, 982, 1192, 1271

STATE-OWNED VEHICLES
HB 639 --Game & Fish Commission authorized to purchase certain vehicles ......... ..._....._..._.._..831, 902, 937, 1122, 1263

STATE PARKS DEPARTMENT
SR 18 --Investigate feasibility of new park in Factory Shoals area, Douglas County......... ......... 289, 289, 320, 657, 759

STATE PROPERTY
HB 137 --Visiting Committees of the Legislature; Repeal Act relating to________ ________________ _210, 249, 252, 294, 470

STATE PURCHASING DEPARTMENT HR 264 --Encourage to use Georgia Products ___________________ 1127, 1204

STATE REORGANIZATION SR 48 --Joint Committee to study _______ .1165, 1174, 1199, 1200, 1291

STATE REVENUE DEPARTMENT

HB 66 HB 165 HB 162

--Provide assistance to Counties property re-evaluation, ad valorem tax equalization.. __155, 170, 252, 300, 784, 805
--Provide penalties for perjury on application, return or other statement___.....__________._..........._____________....244, 284, 352
--Relating to remittances of property taxes ____________________________ ________243, 284, 352, 399, 660

STATE TRAINING SCHOOLS
HR 292 --Urge Board of Control to exercise authority relating to grants to deserving students ______________ .... __ _1291, 1311

STATE TREASURER
SB 11 --Change compensation _______________...._. 288, 289, 319, 714, 1180 HB 705 --Member of Budget Bureau_ ________________________ ...... ..1248

INDEX

1439

STATE WELFARE DEPARTMENT
SB 52 --Define "assistance"; Old Age Assistance Act ..........................._______._.........-.............___.499, 500, 537, 894

STATESBORO, CITY OF
HB 413 --Change annual salary of Judge of City Court ......................................._.......____532, 587, 657, 733, 941

STEAMFITTERS
HB 219 --To provide for examination, certain counties ....___._.....__._.._.....__..__._________.________.._._312, 346, 770, 917

STEIS, WILLIAM BURTON HR 267 --Congratulate- . .........__.._._.....__...................._._......___.____.__._______.1170

STEPHENS COUNTY
HB 478 --Create Toccoa-Stephens County Airport Authority ------..----------------------578, 650, 772, 794, 992

STEWART COUNTY
HB 511 --Change compensation of certain officials _._._._... ------------------.----583, 653, 773, 798, 993

STEWART, JACK W. HR 38-73 --Compensate ..........................................--156, 171, 441, 478, 862

STOLEN GOODS
HB 106 --Buyer or receiver may be tried without conviction of principal thief--..............------193, 215, 250, 295, 539

STONE MOUNTAIN SCENIC RAILROAD DAY HR 73 --January 24, 1961 be commemorated........--___..__.._.......__....290, 322

STR1CKLAND, ERNEST W. HR 302 --Expressing appreciation to.------..___------------.------------...1300

STRICKLAND, GABRIEL L. HR 237-697--Compensate --

...-- ----------------.-----.981, 1066

STRIKES HB 495

--Prohibited for public employees..----._._..----------------581, 651

1440

INDEX

STROTHER, A. E. HR 233-668--Designate bridge .___._____...__.._______....__.._._..____.___._.____________.__.____899, 947

STRUCTURAL PEST CONTROL ACT
HB 543 --Repeal provision limiting licensing power of municipalities .________________....._________703, 775, 981, 1184, 1304

STUCKEY, W. S. HR 303 --Expressing appreciation to_.___--_------.--....._._.._...__.._........_._...1301
SUMMERVILLE, CITY OF HB 564 --New charter ...._________._._..._..__..._._.____.._.. .706, 778, 836, 853, 1074

SUMMONSES HB 93 --Provide for servicing by personal service only.. _________ 190, 212

SUMTER COUNTY
HB 319 --Adjust compensation of members of Board of Commis sioners of Roads and Revenue__________434, 464, 495, 506, 719
HR 177-538--Highway Department authorized to convey certain prop erty to Mr. Charles Wheatley........641, 712, 838, 910, 1170

SUPERIOR COURT CLERKS

HB 207 HB 191 HB 146

--To eliminate age requirements for retirement benefits _________________________________________________________________. _ 311, 344
--To define the term "Grantor"; contents of duplicate index books __.............._..___.___...._._._._281, 319, 351, 399, 498
--To provide fees for receiving and disbursing alimony payments ________________________,,..-_____________________ 240, 281, 316, 360

SUPERIOR COURT

HB 420 SB 164 HB 215 HB 34

--Authorize installation and use of microfilm photographic

equipment in certain counties____.__.__569, 642, 771, 786, 989

--Judges; supplement salary in certain

counties ..__.____________________..______..____1174, 1190, 1199, 1200, 1250

--Clerks may charge fees, certain

counties __

_ _..............__.3-12, 345, 417, 423, 659

--Reporters allowed certain

expenses ___.____..._.___..__ 126, 141, 316, 359, 375, 446, 659

SUPERIOR COURT JUDGES
HB 170 --To modify qualifications for appointment Judge Emeritus _________________ ,,._..____-,,_______________._. ..245, 285, 351, 446

INDEX

1441

SUPERIOR COURT JUDGE EMERITUS
HB 456 --Benefits to widows,-----------------------------------575, 657 HB 691 --Modify service qualifications-.933, 986, 1162, 1172, 1280, 1283

SUPREME COURT

SB 6
HB 201 HB 200

--Method of computing Judges' retirement ........_.__._............,_--203, 203, 216, 316, 356, 470
--Provide rules for disbarment of Attorneys..____...._--......310, 344 --To provide for eligibility of applicant for admission
to practice of law.----_----____----.-__-------------310, 343

SUWANEE, CITY OF HB 698 --Provide municipal government and define corporate limits ----...------------...981, 1066, 1068, 1172, 1266, 1273
SWAINSBORO, CITY OF HB 264 --Provide for change in hours for voting in elections _----...----_--------------...--377, 412, 494, 506, 716
SYLVANIA, CITY OF HB 337 --Change provisions relating to salaries of Judge and Solicitor of City Court------.--------460, 489, 540, 543, 861

T
TALBOT COUNTY
HB 54 --To change compensation of Tax Commissioner ..._._._. _.....------__........... 137, 159, 196, 201, 321

TALLAPOOSA JUDICIAL CIRCUIT

SB 137 HB 226

--Expenses of Assistant Solicitor General .----------_.----------__.......865, 867, 906, 1069, 1249
--To change time of holding Superior Court -_..-...-.._-----------.-------- .313, 346, 418, 424, 659

TARIFF RATES HR 202 --Request Congress to study----......___-.....-753, 1069, 1230, 1305

TATTNALL COUNTY
HB 605 --Change manner in which vacancies are filled; change compensation of Coun ty Commissioners ..--------.----------765, 842, 936, 950, 1201
HR 19-39 --Compensate Clerk of Superior Court and City Court of Reidsville ----------------.127, 142, 252, 304, 862

1442

INDEX

TAXATION (See Revenue, Sales Tax, Etc.)

HB 6
HB 466 SB 156 HB 4 HB 232 HB 608 HB 462 HB 140
HB 233 HB 539 HB 554 HB 496 HB 255 HB 567 HB 163 HB 231 HB 199 HB 147 HB 348 HB 702 SB 19
HB 580 HB 65

--Appointment of local school trustees and authority to tax locally for public schools --_----.--_--_.----------...----..--------------------.105, 110
--Authorize counties to levy tax for certain school lunch purposes ------------.-------------------------- 577, 648
--Change basis on which trucks, tractors, etc. are taxed annually------------------.----.944, 1008, 1067
--Contributions to certain private schools and credit on ad valorem tax.----._----------------------105, 110
--Estates; relating to imposition, assessment and collection to non-resident decedents----........315, 347, 352, 446, 658
--Exempt certain merchants and dealers from municipal taxation --------------------------_._------766, 843
--Exempt Public Recreation Authorities.------_--.__.------576, 648 --Income Tax; Amend Act to allow certain
deductions ------------210, 249, 352, 398, 1076, 1176, 1205, 1218, 1221, 1311
--Income Tax; application to fiduciaries, estates and trusts _--.__...._.._._--___------------.----..------------315, 348
--Income Tax; deduction to cooperative housing corporations ..__.----------------------.------------.----641, 712
--Income Tax; increase tax rate on certain income brackets -.--.------.-_.---_--..-_-_-_---_.__.704, 777
--Income Tax; provide deduction of Federal income tax _._--_--,,.----_--_----_.------.----.------------581, 652
--Income Tax; provide exemption for real estate investment trusts .------------.---- 376, 411, 775, 1026, 1303
--Income Tax; provide for 5-year moratorium on collection for certain corporations--------------.----706, 778
--Income Tax; relating to employee refunds and credits ------------ _.--------243, 284, 352, 401, 446, 658
--Income Tax; relating to levy, assessment and collection _--__----__----_----------_------_--------------_ ...315, 347
--Income Tax; to provide for deduction of Federal income taxes _._----------.. ...... ...--..----...310, 343
--Income Tax; to provide exemptions for members of Armed Services _.............._----_----....--.............. ......240, 281
--Insure collection from non-residents engaged in contracting ..__.......--------._. ------............461, 491, 658, 1071
--Motor Fuel Tax Law; amend relating to excise tax on Kerosene----..---- --.--.. .-...------------..1161, 1200
--Motor Fuel Tax Law; exempt certain items from tax to constitutionally created public authorities ._.._______.----------------322, 325, 349
--Motor Fuel; provide for refund to nurserymen ------------___...__._..____--761, 834, 839
--Motor Vehicles; provide method of returning for taxation as tangible property.----------------...... 155, 170

INDEX

1443

HR 281 HB 56
SB 63 HB 345 HB 26 HB 24 HB 684 HB 461 HB 239 HB 504 HB 561 HB 74 HB 286 HB 218 HB 183 HB 217 HB 164 HB 165
HB 162 HB 66
HR 218

--Motor Vehicles; relative to ad valorem tax...--1242, 1248, 1290 --Municipalities; authorization to expend
funds, appraise taxable properties and make re-evaluations.----------... 138, 159, 252, 306, 660 --Property; provide for payment on real property; release of Tax Liens.----.....---721, 738, 780, 826, 834, 1259 --Provide for a special Whiskey and Wine pouring License --.._..--.._----.461, 490, 496, 548 --Provide withholding exemptions for disabled veterans -.----....... --------------.--.----------------125, 140 --Provide withholding exemptions for disabled veterans ..---.-..--------------.---------- .....124, 139, 590 --Sales Tax; amend Act relating to coin-operated music and amusement devices.------------....--. -- .------.932, 985 --Sales Tax; change time of delinquency.---------..-...576, 648 --Sales Tax; compensation of dealer for accounting, remitting tax levied ----....------........ 339, 381 --Sales Tax; increase rate and provide for increased allowance to dealers...--.----------------.----------.582, 653 --Sales Tax; Soft Drinks; provide for definitions and procedure ___...._--.---- ------.------ .-------------. 705, 777 --Sales Tax; provide schedule for computing ...157, 171, 775, 826 --Sales Tax; relating to resale by Registered Retail Merchants ----------------_.___.. ----.................406, 435 --Sales Tax; to provide brackets of prices for collection 312, 345 --Sales Tax; to provide exemption of medicine in certain instances ......._. ---- ...------------....--.. .280, 318 --Sales Tax; to provide punishment for failure to remit .......------_------...------------ _._--------... 312,345 --Service of Notices of Tax Assessments by Mail ...-_-.__..-,,----_--------..._----244, 284, 352, 445, 658 --State Revenue Commissioner; provide penalties for perjury on application, return or other statement _----....----------------------_._.__.--.--244, 284, 352 --State Revenue Commissioner; relating to remittances of property taxes.------.--------------.243, 284, 352, 399, 660 --State Revenue Department; provide assistance to Counties property re-evaluation, ad valorem tax equalization....--_155, 170, 252, 300, 784, 805 --Urge Federal Government to relinquish tax sources ...........878

TAX ASSESSORS

HB 30
HB 58
HB 57 HB 214

--County Board of; abolish in certain counties ._----.--------------_.----..__..125, 140, 195, 200, 321
--Relating to ineligibility to hold other public offices ----------------........_....._----138, 159, 252, 295, 660
--Shall serve at pleasure of appointing authority....----.138, 159 --To provide terms, certain counties ..___. 312, 345, 417, 422, 659

1444

INDEX

TAX COMMISSIONER
HB 208 --To provide for compensation, certain counties ------_.___----___.________________..__.____311, 344, 417, 421, 661

TAX RECEIVER
HB 92 --Commission from ad valorem taxes, certain counties _________________..._.._...._._.__________.__._190, 212, 351, 353, 496

TAYLOR COUNTY HR 234-694--Convey certain property.......... .....................933, 1070, 1179, 1304

TEACHERS (See Schools, Education)

SB 50 HB 552 HR 116 HB 249 HB 568

--Increase salaries ___.___..__.__._.._.__....................................588, 591, 654 --Provide for an increase in salaries....----........--------......704, 776 --Provide for salary increase------------------__------.....__...451 --Provide minimum annual salary for teachers....___.....__. 341, 383 --Salary increase borne proportionately from state
and local funds.----................................................_..______ 706, 778

TEACHERS' RETIREMENT

HB 560 HB 599 HB 317
HB 598 HB 599
HB 560 HB 317
HB 598
HB 22

--Change provisions for optional service retirement benefits --.---..........705, 769, 777, 927, 1166
--Change provisions relating to members...--------_.....----764, 840 --Clarify provisions of qualifying for credit
for prior service..............................368, 434, 464, 769, 1167 --Provide for suspension of payment of benefits.----------763, 840 --Retirement System; change provision relating
to members --...----------------------._--------_____________764, 840 --Retirement System; change provisions for optional
service benefits _.____.________.___._________705, 769, 777, 927, 1166 --Retirement System; clarify provisions of qualifying for
credit for prior service__________________.368, 434, 464, 769, 1167 --Retirement System; provide for suspension of
payment of benefits.------------------------------763, 840 --Retroactive service benefits .............. .124, 139, 494, 555, 894

TELEPHONE AND TELEGRAPH COMPANIES HB 271 --Prohibit defrauding of----___________________ 379, 414, 658, 913, 1168

TELEPHONE OPERATORS HR 243 --Commend ----.-.____--.___...__.___------.____.__.___

..._._..___10B5

TEMPLE, TOWN OP
HB 512 --Provide requirements of qualified voters _______________--------------.636, 709, 835, 846, 1072

INDEX

1445

TERRY, HONORABLE A. F. HR 12 --Express sympathy for passing of... ......._.._.....__._.__...._----------..116

TEXT BOOKS

HB 395 HB 434

--Free; extend to Georgia Training School for Boys, Girls --------------------------529, 585, 769, 867, 1263, 1265
--Listing of books used in Public Schools...--.,,_____---571, 644, 892

THERAPIST, MASSAGE HB 73 --Provide for examination and registration ._....------ .----156, 171

THOMASTON, CITY OF HB 374 --Change voting hours ..----..--------. ......485, 534, 590, 736, 940

THOMASVILLE, CITY OF

HB 224 HB 223

--To establish City Court.....----....---......313, 346, 417, 427, 659 --To increase maximum tax rate for maintenance
of public schools..--........._...-......--313, 346, 417, 423, 659

THRASH, HONORABLE ELMORE C. Elected Messenger of House ._____--.____----._----_--__-____...31
TIFT COUNTY
HB 574 --Compensation certain officials..----._---------------708, 779 HB 573 --Compensation of tax commissioner-...----.......--.----707, 779 HR 59-151--University System of Georgia convey land
to --....._----...------------------___...--241, 282, 352, 397

TITLE ACT HB 53

--Motor Vehicle Certificate of Title Act; create ... ---- ..------.------.------137, 158, 468, 555, 611, 938

TOBACCO BOARDS OF TRADE HB 442 --Organize ....__--.....-.................._....----....------------------572, 645

TOCCOA, CITY OF

HB 478 HB 335

--Create Toccoa-Stephens County Airport Authority ...------..------------------578, 650, 772, 794, 992
--Provide for hours of voting, disposition of ballots .........--------------.----...--.459, 489, 540, 543, 861

TOCCOA-STEPHENS COUNTY AIRPORT AUTHORITY HB 478 --Create ._.._..------..----..--------------..----. 578, 650, 772, 794, 992

1446

INDEX

TOOMBS COUNTY
HB 42 --Create 5-man Board of Commissioners of Roads and Revenue.----..---------136, 157, 195, 200,321

TOWNS COUNTY
HR 8 --Bob C. Cloer duly elected Representative..----._._--------...... .112 Rules Committee Contest Report.....__......_..--....,,._.___.--. --112

TRACTORS SB 156

--Change annual tax basis ...

....... 944, 1008, 1067

TRADE HB 442 --Tobacco Boards of Trade; organize ......... ..

572, 645

TRAPS HB 669 HB 706

--Prohibit manufacture or possession of certain traps ____.._........_...._.._.__... ..899, 947, 1163
--Prohibit manufacture or possession of certain traps.... .1248

TRENTON, CITY OF
HB 474 --Provide for new system for registering voters ------------........--------578, 649, 772, 794, 992

TRIALS (See Courts--Practice and Procedure)

HB 96
HB 95 HB 234 HB 581
HB 154

--Criminal Cases; accused be sworn as any other

witness ...

.....------------.--... ..........191, 213

--Jury shall return verdict guilty or not guilty..... ----190, 213

--Relating to cases of civil and criminal contempt... 315, 348, 834

--Relating to when it is proper to direct verdicts

in Jury trials----------------------761, 834, 839, 960, 1204

--To provide for appeals in civil cases without

necessity of new trial------...--------....242, 283, 656, 1125

TRAINING SCHOOLS

SB 115 --Establish in Department of Public

Welfare ----.

_......--784, 805, 845, 938, 1277

TRUCKS
SB 156 HB 384

--Change annual tax basis...........---------..--.----944, 1008, 1067 --Protective measures for hauling of gravel, sand, etc.
on public roads.------....----------..--................487, 536

INDEX

1447

TRUSTS
SB 135 SB 28 HB 254
HB 255

--Charitable; action of Attorney General--.896, 907, 948, 1162 --Estates Common Trust funds------,...418, 419, 440, 467, 1191 --Provide for recording of deeds for
estates _ _ . ..._.____.____.--____376, 411, 466, 743, 1202 --Tax exemption for Real Estate Investment
Trusts ....----......_._._._-__..--....----.376, 411, 775, 1026, 1303

TUCKER, MRS. J. C. HR 125-348--Compensate ....----..

_......_

462, 491

TURNER COUNTY DEVELOPMENT AUTHORITY
HR 80-249--Create; amendment to the Constitution __....._..------_._..._.....------_. 341, 383, 418, 602, 863

TWIGGS COUNTY

SB 149

--Compensation of Commissioner and Clerk of Board of Commissioners of Roads and Revenue .....__._. _..._..--------..___ 943, 957, 988, 1069, 1173

TWITTY, HONORABLE PRANK S. Appointed Floor Leader.._.._------...___--....._......_..._..............._.. 31

TY TY, TOWN OF HB 342 --Change terms of Mayor and Council._____460, 490, 540, 543, 861

u
UNDERWOOD, HONORABLE JOE C. Appointed Assistant Floor Leader ____________ ._,,_______.._... .... .......... 31

UNIFORM COMMERCIAL CODE HR 210-614--Create Committee to study ........._____767, 843, 1199, 1225, 1305

UNIFORM TRAFFIC CODE HR 194 --Create Committee to study ____________ .____... .748, 893, 1058

UNION COUNTY

.HB 586 HB 621 HB 546

--Change salary of Tax Commissioner---------....__------..762, 839 --Create office of Tax Commissioner _ 828, 900, 983, 995, 1307 --Place certain officials on salary
system _____ .._._....__........__......703, 776, 836, 857, 1170, 1223

1448

INDEX

UNEMPLOYMENT COMPENSATION LAW

HB 19 HB 376
HR 248 HR 253

--Commissions for real estate agent----------------------124, 139 --Deficit reserve accounts shall not apply to canners
and processors of agricultural products.-------- -485, 534 --Committee to study situation in Georgia.----._...__------...-.1045 --Relative to Georgia and Nation..----___----------1048, 1200, 1234

UNITED STATES CONSTITUTION

SR 39 SR 25

--Propose amendment; regarding transferring of powers by a United States Supreme Court decision ----.----------------663, 738, 780, 838, 1059
--Propose amendment; regarding transferring of powers by a United States Supreme Court decision ................................367, 367, 384, 658, 1060

UNITED STATES HOUSE OF REPRESENTATIVES; RULES COMMITTEE OF THE
HR 54 --Oppose any change in membership .._.._._... ......... _189, 317, 336

UNIVERSITY OF GEORGIA

HR 307 --Thanks for invitation to Annual G-Day_______------------..__ 1303

Report of Special Committee on----..._................

. 260

UNIVERSITY SYSTEM OF GEORGIA
HR 62 --Allow freedom of speech to students...------------.227, 317, 365 HR 157 --Committee; authorized to make further studies
of educational problems...--------------------.561, 773, 886 HR 39 --Condemn signers of petition for integration at............ .____--173 HR 59-151--Convey land to Tift County. ...... .............. .....241, 282, 352, 397 HR 14 --Express appreciation to..--------..._--------------------------117, 149 HR 47 --Relative to expelled students _............ ................. .....184, 218, 221 HR 40 --Relative to mob violence on January 10 and 11, 1961 ... ..174 SB 23 --Repeal Act regulating admission age of
student ----------------...__..........___._720, 737, 774, 780, 1191 Sub-Committee appointed to visit University--___.._.__.__..._.....162 HB 125 --To provide payment to students who are expelled--....--208, 247 HB 133 --To provide method of selecting students ........_....-- ._ 209, 248

UNSATISFIED CLAIM AND JUDGMENT FUND LAW

HB 324 --Create

..---- ......----....----.-----.435, 464

URBAN REDEVELOPMENT
HB 589 --Law to provide findings when area consists of open lands................--------------------------762, 838, 840

INDEX

1449

USED CAR DEALERS' REGISTRATION ACT

HB 556

--Shall be applicable in counties having population of not less than 14,500 nor more than 14,900..-.-------------------704, 777, 837

UTILITIES HB 110

--State Highway Department; authorize to remove and relocate utility facilities of municipalities __.... 193, 215

VANDIVER, GOVERNOR ERNEST
Budget Message from ...__.._.._._.___.__.,,__.._.____......_................... ...__175 Communications from .___.__.....______________________--------_ --.113, 161 HR 87-269--Designate bridge --------. ......................._.....___.378, 413, 466, 511 HR 53 --Joint Session to hear address by_._--............................______.188, 219 HR 4 --Joint Session to hear address by--------------------. ......'. .........32 Letter to Representative Pannell----.........__.___._________.__.___.__._____1130 Special Address by.------...-...---.----.--------------------------230 State of State Address by..-----...._...______------------------..._ 92

VETERANS HB 656 HB 282 HB 153
HR 137 HB 26 HB 26 HB 24

--Allowed additional credit points for certain examinations; repeal act ---------------------896, 938, 945
--Automobile license tags; provide to certain veterans --------------.._.____.----.--.381, 415, 466, 913, 1166
--Georgia Prison Industries Act; to allow for manufacture and sale of certain items to Veterans' Organizations ----..242, 282, 657, 823, 1071
--Memorializing Congress to extend education benefits ...----------__.--_--....-......_....----.517, 541, 555, 660
--Provide withholding exemptions for disabled veterans ------------------.--.....,...----------.------125, 140
--Provide withholding exemptions----_----__._..............----..125, 140 --Provide withholding exemptions for disabled
veterans ------...........----------........_.._--__...124, 139, 590

VICKERY, T. E.
SR 13 --Relieve as security on appearance bond in Superior Court of Pike Couny................------471, 473, 492, 768, 1191

VINING, R. L. HR 88-269--Compensate ...--------................------------.--------.--378, 413

1450

INDEX

VITAL STATISTICS LAW

HB 189

--To change provisions relating to opening of sealed records; substitute birth cer tificates for adopted children._____._____280, 319, 351, 399, 564

VOCATIONAL REHABILITATION
SB 38 --Director administer Social Security Act; compen sation of Director--------.__............_390, 392, 417, 715, 1284

VOTERS REGISTRATION

SB 22 KB 171 HB 29 SB 21

--Appointment of county registrars, certain counties ..............__._.__................_.._._____323, 325, 349, 1068, 1114
--Amend; cancellation of registration ..._..._._______________._....___.245, 285, 317, 355, 662, 664
--Provide a different method of selecting County Registrars, certain counties........_...____............_.__..125, 140
--To provide places of registration, certain counties __..._________.._........__.....______......323, 325, 349, 1068, 1113

VOTING SB 81 SB 22 HB 515 SB 82
SB 21 HB 41 SB 80 HB 188 HB 28

--Absentee ballots; amend provision relating to time of qualification..__._..___.__._.....__._.______._._588, 591, 655, 838
--Appointment of county registrars, certain counties ......._._____.________.......__.._.._.___323, 325, 349, 1068, 1114
--Ordinaries authorized to establish election precincts ..........__...._______.___............._.____._._...._.........._.__637, 709
--Primaries; provide for designation of names of Presidential and VicePresidential candidates on ballot.__..____..... .......588, 592, 655
--Provide for registration in certain counties __...__.___..............._..._______.... ...323, 325, 349, 1068, 1113
--Prohibit solicitation of votes _____________________-.___-..135, 157, 195, 224, 993, 1175, 1205
--Repeal act relating to Presidential Electors.----....588, 591, 654
--Shall register by political party or as independent-- -280, 319
--Time limit for name to be retained on registration list _.....____.._.__.._... 125, 140, 195, 227, 362, 375

VOTING MACHINES
HB 88 --To provide name of unopposed candidate may be omitted in certain counties ___--------189, 212, 251, 255, 715

INDEX

1451

w
WALKER COUNTY
HR 107-283--Convey certain property.____.__..._._. ........381, 415, 657, 910, 1169 HB 350 --Provide for County Attorney..-.---._....462, 491, 540, 544, 862

WARE COUNTY

SB 98
SB 97
SB 91 SB 105
HB 626

--Change compensation of Tax Collector and Tax Receiver ....._.._...___.._...__._. ...................___.__._______.....663, 739, 782
--Change compensation of certain officials ...___..__._____._______.663, 739, 781, 983, 1003, 1190, 1220
--Create office of Tax Commissioner------------------663, 738, 781 --Create Board of Commissioners of
Roads and Revenue..-...-----------------------662, 740, 782 --Fix salary of County Commissioner.----.....829, 900, 983, 995

WARM AIR HEATING EQUIPMENT HB 625 --Remove certain counties from applicability----.----..--..829, 900

WARRENTON, CITY OF HB 69 --Extend Corporate limits........------__------166, 170, 196, 202, 322

WATER POLLUTION CONTROL
HB 175 --Aid to Counties.--------------------------246, 286, 317, 355, 658 HR 101 --Create Joint Committee to study--..--------------..-.....--.--370

WATERSHED PROJECTS
HB 437 --Right and power to condemn on private property ----....----------------..----------------572, 644, 770

WARWICK, CITY OF

HB 449 HB 448

--Change name from Town of Warwick ----------------.....--------.574, 646, 772, 791, 990
--Not affected by limitation of ad valorem taxation by municipal corporations----------574, 646, 772, 791, 990

WAYCROSS, CITY OF

HB 330 SB 97 HB 184

--Amend charter relating to Board of Tax Assessors --------------------.....--458, 488, 540, 542, 861
--Change compensation of certain officials ...--------------663, 739, 781, 983, 1003, 1190, 1220
--Relating to insurance of employees-- 280, 318, 385, 394, 498

WEAPONS SB 132

--Pistol; purchaser must provide certificate of residence -.--------.------------------------896, 907, 948, 1175

1452

INDEX

WEBSTER COUNTY

HB 627 HB 369 HB 370 HB 371

--Change compensation of Commissioner of Roads and Revenue........__________..829, 900, 983, 996, 1260
--Provide expense allowance for Commissioner of Roads and Revenue.--_.-_.._--_.---..484, 534, 590, 735, 939
--Provide for salary of Commissioner of Roads and Revenue.__.____.___^-._..___..__485, 534, 590, 735, 939
--Provide Sheriff with supplemental salary __----_.----___----------_.----485, 534, 590, 735, 939

WELFARE HB 453

--Aid to Blind Act; income deductions------._.______._.------_574, 646

WELFARE DEPARTMENT HB 341 --Determine recipients for "Aid to Disabled Act"..._.._-_.__460, 490

WESTERN JUDICIAL CIRCUIT
HB 366 --Place Solicitor General on salary basis __----_____--------_______--__.__484, 533, 590, 734, 1168

WEST POINT, CITY OF
HB 555 --Provide for method of electing Mayor and Aldermen --,,.._.__..--__._____----.----704, 777, 836, 852, 1074

WHEELER COUNTY

HB 499 HB 329 HB 498

--Change compensation of certain officials _____..__----------_________--------..681, 652, 772, 797, 993
--Change compensation of Commissioner of Roads and Revenue __.____-_----------____------_458, 488, 773, 799, 988
--Change compensation of Ordinary_____^581, 652, 772, 796, 993

WHITE, ALTON V., JR. HR 71-189--Compensate ____,,_.__...--.____..__----_.----____....--_________.._.281, 319

WHITE HOUSE AT AUGUSTA HR 215-642--Restore _..______.------_---_-_._----------832, 903, 938, 1186, 1305

WHITE, WATKINS C. HR 270-704--Compensate ........... ................__..__...................._._...._...... ...1198, 1249

WHITFIELD COUNTY

SB 96 SB 71

--Contribution to Cherokee Judicial Circuit -------_.________----__________-663, 739, 781, 936, 954
--Relating to employment of certain persons .............. ______________----____444, 445, 465, 590, 730

INDEX

1453

WHOLESALE ADVERTISING HB 432 --Prohibit false advertising...,__..._....._571, 644, 770, 1033, 1262

WIFE HB 258

--Separate estate ol_.._....----_________......._....__..._------376, 411

WILBY-KINCEY THEATRES HR 277 --Express appreciation to.-----__------------_-______________. ___________.____1240

WILLS (See Estates; Practice and Procedure)

HB 149 HB 150

--To amend Act relating to probate .._----------.___.._....___. .241, 281 --To provide additional procedures for taking
testimony of witnesses------------.241, 282, 467, 510, 938

WILKES COUNTY

HB 134

--To increase compensation of board mem bers of Commissioners of Roads and Revenue _.__-.-.________-_..._______________._._..___.209, 248, 251, 293, 443

WINDER, CITY OF HB 595 --Relating to sanitary assessments .._......763, 840, 936, 950, 1201

WINE HB 345

--Provide for a special retail pouring license _________________..........................461, 490, 496, 548

WITNESSES
HB 150 --Wills; to provide additional procedures for taking testimony of witnesses-----241, 282, 467, 510, 938

WOOD, JAMES AND VIERRA HR 192-599--Compensate ----------------------.........----.----..----...764, 842

WOODSTOCK, CITY OF
HB 690 --Change procedure of electing Mayor and Councilmen........................____933, 986, 1068, 1080, 1309

1454

INDEX

WORKMEN'S COMPENSATION

HB 46 SB 153 HB 296 SB 152 HB 228

--Change maximum and minimum weekly compensation --..__------------------__._------.------136, 157
--Provide for appointment of guardians for incompetent claimants _______.----------____----944, 1008, 1067
--Regulate settlement of personal injury claims not under Workmen's Compensation Law......__.----407, 437
--To relieve liability of return of bonds under certain circumstances..______--_..___ 1174, 1190, 1200
--To provide final settlement of disputed claims and define certain words------------..------314, 347

WORTHLESS CHECKS

HB 358 HB 347 HB 602

--Amend Act relating to delivery----___.463, 492, 771, 1029, 1117 --Amend Act relating to giving of------------...461, 491, 747, 893 --Penalty for giving of._------__------_..._..._.765, 842

WRAY, ALEXANDER HARRY HR 245 --Plaque in memory of.----__--_._--..--------_--------_.____. .1056, 1263

z
ZEBULON, CITY OP HB 244 --Create new charter...............------ 340, 382, 418, 425, 661, 664

INDEX

1455

Part II
NUMERICAL TABULATION

HOUSE BILLS

HB 1
HB 2 HB 3 HB 4
HB 5
HB 6
HB 7 HB 8 HB 9 HB 10
HB 11 HB 12
HB 13
HB 14
HB 15 HB 16
HB 17
HB 18
HB 19
HB 20 HB 21
HB 22
HB 23 HB 24

--Georgia State Highway Authority; rename authority; issue bonds--------------------105, 110, 129, 130, 218
--Schools; provide State scholarships----..----------------------105, 110 --Schools; encourage elementary and secondary education..- 105, 110 --Schools; credit on ad valorem tax for
contributions certain private schools------------------105, 110 --Minimum Foundation Program of Education;
provide for certain requirements-------__.__.................-----105, 110 --Schools; appointment of local school trustees;
authority to tax locally for public schools--------------105, 110 --Schools; pupil placement--------------------.--------------.106, 111 --Schools; repeal statutes requiring segregation^------_____..--106, 111 --Fireworks; remove certain exceptions--..___----------106, 111, 250 --Southern Judicial Circuit; supplement
salary of Judge----------.--.-.--..--.......106, 111, 144, 150, 289 --City Attorney; retirement of, certain cities--------106, 111, 160, 163 --Building Codes; change census figures
governing ___._.----------.._...------......_------107, 111, 128, 150, 253 --Jenkins County; compensation of
Ordinary supplemented.-------- .....----.107, 112, 160, 163, 253 --Henry County; place certain officials
on salary system.------------........--.........107, 112, 160, 163, 253 --Municipalities; to provide for self-government----------109, 128, 541 --Lamar County; to change compensation of Chairman of
Board of Roads and Revenue--.----.......109, 128, 160, 164, 253 --Savannah, City of; amend Charter extending
corporate limits; limiting police jurisdic tion ___.---------------------------------------110, 128, 195, 199, 289 --Muscogee County; to provide 1st and 2nd Vice President of the Muscogee County Board of Education----------------------.....-123, 139, 195, 199, 320 --Unemployment Compensation Law; commis sions for real estate agent..--_.----------------...---- ____ --124, 139 --Baxley, City of; establish City Court----------124, 139, 160, 164, 254 --Local Government Improvement Commission in certain Counties; repeal----------------124, 139, 195, 199, 320 --Teachers' Retirement; retroactive service ben efits ___..-.-.------------------------.........124, 139, 494, 555, 894 --Holiday; declare May 30th holiday----...._------.----------------124, 139 --Veterans, Disabled; provide withholding exemptions .. 124, 139, 590

1456

INDEX

HB 25
HB 26 HB 27 HB 28
HB 29
HB 30 HB 31 HB 32 HB 33 HB 34 HB 35 HB 36 HB 37 HB 38
HB 39 HB 40 HB 41 HB 42 HB 43 HB 44 HB 45 HB 46 HB 47 HB 48 HB 49

--Schools; provide financial assistance for school districts where 3% population is employed by State of Ga--....--------------.124, 140, 743, 967
--Veterans, Disabled; provide withholding exemptions-------- 125, 140 --Coroners; provide exemption fees paid, cer
tain counties--....---------.----._____.125, 140, 195, 199, 320 --Voters Registration; change time limit for
name to be retained on registration list ----.._.-------------------------- 125, 140, 195, 227, 362, 375 --Voters Registration; provide a different meth od of selecting County Registrars, certain counties --_----.------------.------------------.--....--125, 140 --Tax Assessors, County Board of; abolish in certain counties.--_----..----------.------125, 140, 195, 200, 321 --Motor Vehicles; prisoners not allowed to oper ate vehicle without valid license----------.--..-----------125, 140 --Motor Vehicles; provide reduction in rate of fees for passenger car licenses.----------_----.....------125, 140 --Alpharetta, Town of; amend charter.--..------126, 141, 160, 164, 254 --Superior Courts; reporters allowed certain expenses ------------------------126, 141, 316, 359, 375, 446, 659 --Conditional Bills of Sale; sales for $300 or less certain items shall have priority--------126, 141, 195, 374, 466 --State Housing Authority Board; abolish, vali date acts of public officers.--.------------126, 141, 385, 508, 715 --Comer, City of; new charter----.----------------126, 141, 160, 164, 254 --State Highway Board; to provide members be elected by qualified voters in respective districts ----.----._..----------_._.----__.__------------126, 141 --Licenses, Learner's and Chauffeur's; shall ex pire on birthdate of holder------------127, 141, 316, 357, 715 --Ellijay, City of; amend charter.--.------135, 157, 196, 198, 320, 365 --Voters; prohibit solicitation of votes --------------------------135, 157, 195, 224, 993, 1175, 1205 --Toombs County; create 5-man Board of Com missioners of Roads and Revenue------.136, 157, 195, 200, 321 --Seminole County; relating to compensation of Treasurer -__-.-_---------------------------.136, 157, 196, 201, 321 --Fishing License; provide for 3-day State-wide non-resident fishing license.----------------136, 157, 218, 222, 469 --State Game and Fish Commission; amend re lating to acquisition of land.--------.136, 157, 218, 227, 298, 469 --Workmen's Compensation; change maximum and minimum weekly compensation-.--......--------.------136, 157 --Small Claims Court; change certain popula tion and U. S. Census figures--------------136, 158, 195, 200, 321 --Capital Punishment; to forbid for any person under the age of 18---------------------------136, 158, 317, 635 --Estates; make provisions lease and adminis tration of timber, oil, gas and mineral--136, 158, 195, 223, 240

INDEX

1457

HB 50 HB 51
HB 52 HB 53 HB 54 HB 55
HB 56
HB 57 HB 58 HB 59 HB 60 HB 61
HB 62
HB 63 HB 64 HB 65 HB 66
HB 67 HB 68 HB 69 HB 70 HB 71 HB 72

--Augusta, City of; amend charter relating to Fire Department-----------------.----137, 158, 195, 200, 321
--Augusta, City of; amend charter to grant City Council right to condemn certain private property ------------------.------.__------.-137, 158, 195, 200, 321
--Licenses, drivers; provide for issuance, sus pension and revocation----.------------.137, 158, 217, 222, 419
--Motor Vehicle Certificate of Title Act; create ..------.....----....--------------. 137, 158, 468, 555, 611, 938
--Talbot County; to change compensation of Tax Commissioner ____----_-----------..--------137, 159, 196, 201, 321
--Real Estate; State owned may be improved with funds appropriated for a State De partment ----------.........----_----_----._. 138, 159, 252, 295, 660
--Municipalities; authorization to expend funds, appraise taxable properties and make reevaluations _--------..--------------... .... 138, 159, 252, 306, 660
--Tax Assessors; shall serve at pleasure of ap pointing authority--------------------..------- ----------138, 159
--Tax Assessors; relating to ineligibility to hold other public offices ............--.......-- ..---- 138, 159, 252, 296, 660
--Deeds; prerequisites before admitted to rec ord ...--------.------_.._.------------------. 138, 159, .252, 295, 308
--Jurors; how names shall be selected from jury box, certain counties----------------------139, 159, 196, 201, 321
--Newnan, City of; create office of City Man ager; relating to Water Sewerage and Light Commission--------------------.......-154, 169, 196, 201, 321
--Minimum Foundation Program of Education; remove provisions relating to population for determining amount of funds by local units to pay teachers' salaries----------------------155, 169, 494
--Fannin County; compensation of Tax Re ceiver --------__----_--...----------155, 169, 196, 202, 321
--Insurer's Certificate of Authority; prescribe causes for revocation and suspension.------------------155, 170
--Motor Vehicles; provide method of returning for taxation as tangible property.----__.--.------------.155, 170
--State Revenue Department; provide assistance property re-evaluation, ad valorem tax equalization ------------...--......----.155, 170, 252, 300, 784, 805
--Georgia Drug and Cosmetic Act; create ----------155, 170, 250, 294, 588, 723, 863, 957, 964, 994
--Madison County; compensation of Clerk of Commission of Roads and Revenues.----156, 170, 196, 198, 322
--Warrenton, City of; extend corporate limits 156, 170, 196, 202, 322 --Bar examinations; provide for holding of....--.--------156, 170, 316 --Clayton County; place Ordinary on salary
basis in lieu of fee basis------....------.156, 170, 196, 198, 322 --Bank Directors; provide qualifications._--------....--..... 156, 170, 217

1458

INDEX

HB 73 HB 74 HB 75 HB 76 HB 77 HB 78 HB 79 HB ' 80 HB 81 HB 82 HB 83
HB 84 HB 85
HB 86 HB 87 HB 88
HB 89 HB 90 HB 91
HB 92 HB 93 HB 94 HB 95 HB 96

--Massage Therapy; provide for the examina tion and registration__..._________----..._______156, 171
--Sales Tax; provide schedule for computing ------157, 171, 775, 826 --Piedmont Judicial Circuit; place court reporter
on salary basis in lieu of fee basis------168, 196, 217, 219, 387 --Butts County; to require periodic audit of
books and records of certain officers,- 168, 196, 217, 219, 387 --Butts County; change Ordinary's compensa
tion from fee to salary system -- ......__ 168, 196, 217, 219, 387 --Butts County; change compensation of Tax
Collector from fee to salary system .-- 168, 197, 217, 220, 387 --Butts County; change compensation of Sher
iff from fee to salary system ........_._...... 168, 197, 217, 220, 387 --Court of Appeals; increase number of Judges
from 7 to 9...._.......__..__..._ _........_._.........__. 168, 197, 834, 1009, 1310 --Motor Vehicles; to provide for annual inspec
tion _--------.__.--..----_--__.----_._--.------.--.... 168, 197, 837 --Griffin, City of; increase corporate limits ... 139, 197, 217, 220, 388 --Griffin, City of; change qualifications and
election of members of Board of Commis sioners .__....__............................................... 169, 197, 217, 220, 388 --Griffin, City of; to change amount of appear ance bonds............-....-..--.-.--.-....... .....169, 197, 217, 221, 388 --Minimum Foundation Program of Education; to provide for increased teachers' salaries through State funds--.------.. .,,_----__._..._.---- ..----.--.169, 197 --Buena Vista, Town of; to establish municipal government ----------------------------. 189, 212, 251, 255, 388 --Ordinaries; provide appointment of Special Bailiff in certain counties--..----------189, 212, 467, 726, 1260 --Voting Machines; to provide name of unop posed candidate may be omitted in cer tain counties--------------------------..189, 212, 251, 255, 715 --Camden County; redistrict county into 4 Com missioner Districts---------------------190, 212, 251, 256, 388 --General Appropriations Act; provide for------------190, 212, 589, 665, 682, 1026, 1130, 1204 --Coweta Judicial Circuit; provide for supple ment to compensation of Solicitor Gen eral of Superior Courts------------------190, 212, 251, 256, 388 --Tax Receiver; commission from ad valorem taxes, certain counties.----....--..................190, 212, 351, 353, 496 --Summonses; provide for servicing by personal service only.......---...---------.-----...------.----..------....190, 212 --Licenses, drivers; change punishment for sus pension -.,,..-------------------------------190, 213, 316, 354, 716 --Jury; provide verdict of guilty or not guilty in criminal cases------------------------_----______________190, 213 --Jury; provide in all criminal trials accused shall be sworn as any other witness....----------_..______--.191, 213

INDEX

1459

HB 97
HB 98
HB 99 HB 100 HB 101 HB 102 HB 103 HB 104 HB 105
HB 106 HB 107 HB 108 HB 109
HB 110
HB 111
HB 112 HB 113 HB 114 HB 115
HB 116
HB 117 HB 118

--Department of Public Safety; exclusive au

thority to make arrests for speeding on

State Highways--------------------------------------.191, 213

--Insurance Company; unlawful to issue or re

new automobile collision insurance under

certain conditions.------------------------____.__..------------191, 213

--State Officials; prescribe mileage allowance ..._.___..... ...._________.191, 213

--Coweta County; change compensation certain

officials from fee to salary system..........192, 214, 251, 256, 388

--Blakely, City of; change name from Town of

Blakely _________._.._......................_...__..___._._____._.192, 214, 251, 256, 388

--Blakely, City of; describe corporate limits .__. 192, 214, 251, 257, 388

--Blakely, City of; change corporate limits _____ 192, 214, 251, 257, 386

--Motor Vehicles; unlawful to race or engage in

a contest of speed __________________________ 192, 214, 468, 546, 994, 1252

--Malt Beverages; presence of 864 fluid ounces

shall be prima facie evidence of posses

sion ....____._...........___ _____,,,,,,.__,,.___ ___________________________________________ 193, 214

--Stolen Goods; buyer or receiver may be tried

without conviction of principal thief...... 193, 215, 250, 295, 539

--LaGrange, City of; increase corporate

limits ----.-----.-,,.-----------------193, 215, 251, 257, 386

--Fannin County; to provide supplemental sal

ary for Ordinary.------------------------ 193, 215, 251, 257, 387

--Honesty in Government Act; excluding mem

bers of General Assembly in certain

cases --_--...-----_--.---------------------193, 215, 316, 359, 469

--State Highway Department; authorize to re

move and relocate utility facilities of

municipalities _--------------.----------.....__.____._.___.__ ________ 193, 215

--Clinch County; to change compensation of

Chairman of Board of Commissioners of

Roads and Revenues----------_-194, 215, 251, 258, 387

--State Departments; prescribe manner for dis

tribution of publications, mail, etc.-------------------.--194, 215

--Emerson, City of; change terms of offices of

Mayor and Aldermen ___________...----,,..___________ 194, 215, 251, 258, 387

--Chatham County; establish compensation for

Coroner

--

. 194, 216, 251, 258

--Chatham County; members of metropolitan

planning district commission shall not

succeed themselves in

office ------_..----.________194, 216, 251, 258, 863, 908, 1042, 1204

--Savannah District Authority; provide mem

bers shall not succeed themselves in

office .,,------------------------------ 194, 216, 251, 259, 720, 877

--Glynn County; to change compensation of

certain officials.--------._----.------------195, 251, 259, 387

--Clarke County; to authorize issuing of build

ing permits.----------.--------..-------------- 217, 247, 287, 327, 442

1460

INDEX

HB 119
HB 120 HB 121 HB 122 HB 123 HB 124 HB 125 HB 126 HB 127 HB 128 HB 129 HB 130 HB 131 HB 132
HB 133 HB 134
HB 135 HB 136 HB 137 HB 138 HB 139 HB 140 HB 141 HB 142

--Clarke County; to establish districts for

storm sewers, street lights and system of

garbage collection___._____----207, 247, 288, 326, 496, 512

--Clarke County; to assess business tax outside

municipalities...------------------------207, 247, 287, 327, 442

--Clarke County; to provide for paving of

streets ... -----------------

208, 247, 287, 328, 442

--Clarke County; to establish water, sanitation,

sewerage and fire protection districts 208, 247, 287, 328, 442

--Clarke County; enact ordinances for policing

and governing----------------------.._........ 208, 247, 287, 328, 442

--Rhine, Town of; to enlarge corporate limits 208, 247, 287, 328, 442

--University System of Georgia; to provide

payment to students who are expelled.----- ..--.__.. -- .... 208, 247

--Minimum Foundation Program of Education;

to provide manner certain funds expended ........ 208, 247, 540

--Calhoun, City of; to extend corporate limits 208, 248, 287, 329, 442

--Gordon County; to create Office of Tax Com

missioner ------_.--------------------. 209, 248, 287, 329, 442

--Gordon County; to change compensation of

Sheriff from fee to salary basis..__.------_ 209, 248, 288, 329, 443

--Gordon County; to increase compensation of

Commissioner of Roads and Revenue .... 209, 248, 288, 329, 443

--Dublin, City of; to increase ad valorem tax 1

mill for a period of 4 years..................... 209, 248, 288, 330, 443

--Laurens County; to change compensation of

Clerk of Superior Court and deputies to

salary system-----------------------------209, 248, 288, 330, 443

--University System of Georgia; to provide

method of selecting students.---------------------- ....--.. 209, 248

--Wilkes County; to increase compensation of

board members of Commissioners of Roads

and Revenue----------------------------209, 248, 251, 293, 443

--Jesup, City of; to extend corporate

limits --------------._--------.--.------------ 210, 248, 384, 392, 497

--County tax; provide tax for roads in certain

counties --------_--------------..--_.......--...210, 249, 288, 330, 443

--Visiting Committees of the Legislature; repeal

Act ----------.--_--------.-------- 210, 249, 252, 294, 470

--Committee of the General Assembly; repeal

Act relating to visits to institutions.---.210, 249, 251, 293, 470

--Legislative Counsel; to change name to Legis

lative Services Committee------------------210, 249, 385, 448, 661

--Income Tax; amend Act to allow certain deduc

tions -- 210, 249, 352, 398, 1076, 1176, 1205, 1218, 1221, 1311

--Cobb Judicial Circuit; to change terms of

Superior Court .-------._--_---------211, 249, 351, 353, 497

--Georgia Securities Act; to provide for chang

ing and clarification of requirements for

exemption ..

..

211, 249, 398, 993

INDEX

1461

HB 143 HB 144 HB 145 HB 146
HB 147 HB 148 HB 149 HB 150 HB 151 HB 152 HB 153
HB 154 HB 155 HB 156 HB 157 HB 158 HB 159 HB 160 HB 161 HB 162 HB 163 HB 164 HB 165
HB 166

--Prisons; to provide for establishment of guard lines at various penitentiaries.----------..211, 250, 288, 335, 470
--Prisons; to reinstate extra-good time allow ance forfeited by offenses of escape~~-211, 250, 288, 336, 470
--Fireworks; to remove certain exemptions--._...,,._.--_------.211, 250 --Superior Court Clerks; to provide fees for
receiving and disbursing alimony pay ments ----_-._------------.--------------240, 281, 316, 360 --Income Tax; to provide exemptions for mem bers of armed services----------------__-.------------------240, 281 --Haralson County; to change compensation of the Commissioner of Roads and Revenue 240, 281, 351, 353, 497 --Wills; to amend act relating to probate.--------------------.241, 281 --Wills to provide additional procedures for taking testimony of witnesses -------- 241, 282, 467, 510, 938 --Letters of Administration; requirements for applications _--._--.----._----.------------------------.241, 282, 467 --Department of Mental Health; create--------.....------------.242, 282 --Georgia Prison Industries Act; to allow for manufacture and sale of certain items to Veterans' Organizations----------.. 242, 282, 657, 823, 1071 --Trials; to provide for appeals in civil cases without necessity of new trial..----.------ 242, 283, 656, 1125 --Advertising, Outdoor; to control erection and maintenance --------------------------------............. .242, 283 --House of Representatives; to reapportion members ...................._--------_--------.__---- 242, 283, 496, 631, 861 --Hull, town of; to grant authority for fran chises and licenses-------------------------- 243, 283, 351, 353, 497 --Police Department; to provide pensions to widows, certain cities.-----------------.- 243, 283, 591, 737, 939 --Atlanta, City of; to provide fees for policemen who act as witnesses for city or state------------.243, 283, 351 --Atlanta, City of; relating to improvement in the Department of Parks----------.--.--------------.243, 283, 351 --Pulton County; to increase number of assistant solicitors-general in Criminal Court --243, 284, 384, 395, 497 --State Revenue Commissioner; relating to remittances of property taxes------..--. 243, 284, 352, 399, 660
--Income Tax; relating to employee refunds and credits_.------------------------..243, 284, 352, 401, 446, 658
--Mail; to provide for service by mail of notices of assessment--------------------------------244, 284, 352, 445, 658
--State Revenue Commissioner; provide penal ties for perjury on application, return or other statement------------------__--------------244, 284, 352
--State Revenue Commission; to make it a mis demeanor to impersonate an auditor or employee ..................................................244, 284, 770, 1016, 1262

1462

INDEX

HB 167 HB 168 HB 169
HB 170 HB 171 HB 172 HB 173
HB 174 HB 175
HB 176 HB 177
HB 178 HB 179 HB 180 HB 181 HB 182 HB 183 HB 184 HB 185 HB 186 HB 187
HB 188

--Rockmart, City of; to extend corporate limits ------------------.----------.244, 284, 351, 354, 497, 741, 784
--State Department of Corrections; to determine eligibility for retirement .... .....______ 244, 284, 351, 398, 539
--State Board of Corrections; to provide that Director shall act for employees for retirement provisions--------. ...____________ 244, 284, 350, 398, 539
--Superior Court Judges; to modify qualifica tions for appointment Judge Emeritus------ 245, 285, 351, 446
--Voters; to effect revision relating to cancel lation of registration------------245, 285, 317, 355, 662, 664
--Name; to provide new procedure for persons desiring to change their name ------ 246, 285, 316, 355, 564
--State Librarian; to provide for distribution of General Assembly Acts to municipal attorneys ._.-------------......._..--...-.--. 246, 285, 468, 478, 658
--Schools; to provide for suspension and re opening --------.--------------.---- 246, 286, 287, 330, 443, 449
--State Board of Health; to provide Federal aid under Federal Water Pollution Con trol Act.....-.--..---------------------.. 246, 286, 317, 355, 658
--Forsyth County; to provide compensation for Ordinary .----._-__-----_----.------------279, 317, 384, 395, 497
--Forsyth County; to change compensation of members of Board of Commissioners of Roads and Revenue ..._,,.._...--------------_... 279, 318, 384, 394, 497
--Game and Fish Commissioner; to clarify the definition of big game--------------.... 279, 318, 468, 508, 894
--Ordinary; shall appoint Judge until successor is elected, certain counties ...------------279, 318, 385, 394, 497
--Houston County; repeal Act known as "Hous ton Tax Receiver"................----__.--------. 279, 318, 384, 394, 498
--Public Service Commission; relating to safety of public and railroad employees-----........... ........_.._..__. 279, 318
--Carrollton, City of; amend Act relating to City Court -_..--_-...-..._-...----_.----------.279, 318, 417, 420, 661
--Sales Tax; to provide exemption of medicine in certain instances.---------------------...-.-- -- ------. - 280, 318
--Waycross, City of; relating to insurance of employees ._--------------------._--------280, 318, 385, 394, 498
--Crawford County; to prescribe and limit com pensation of Treasurer......--....--.--.--.--..280, 318, 417, 420, 661
--Peace Officers; to increase payment of fees, certain counties.----..----------------------280, 319, 771, 785, 988
--Solicitor-General; to provide additional meth ods of qualifications under retirement fund _-_-------------280, 319, 656, 867, 1167
--Voters; shall register by political party or as independent...------------------------------.-----280, 319

INDEX

1463

HB 189 HB 190 HB 191 HB 192 HB 193 HB 194
HB 195 HB 196
HB 197 HB 198
HB 199 HB 200
HB 201 HB 202 HB 203 HB 204 HB 205 HB 206 HB 207 HB 208 HB 209 HB 210

--Vital Statistics Law; to change provisions re lating to opening of sealed records--- 280, 319, 351, 399, 564
--Shiloh, City of; to grant charter and provide municipal government..--...---------.281, 319, 385, 392, 496, 511
--Superior Court Clerks; to define the term "Grantor" --------------------------------281, 319, 351, 399, 498
--Guyton, City of; to change name from Town of Guyton------------------------..__---------308, 343, 417, 421, 661
--Rincon, Town of; to provide for registra tion of voters.--.---------------------...-.309, 343, 417, 421, 661
--Effingham County; to change compensation of Board of Commissioners of Roads and Revenue ,,.---.---.-_-------------------309, 343, 417, 421, 661
--Obscene Literature; impose a statutory civil penalty to seller-------------------------309, 343, 770
--Game and Fish Laws; offenders shall be allowed to enter plea of guilty, certain counties ---- ---------..-..-,,.-.-.--.,,-------- .----309, 343, 837
--Adoption Laws; consent of father not required certain instances......_--------------._------309, 343, 467, 549
--Accident Victims; shall be unlawful to com municate with for specified period of time ....-----------------------------309, 343, 714, 872, 890
--Income Tax; to provide for deduction of Federal income taxes............--__,,.,,__,,--------------------310, 343
--Supreme Court of Georgia; to provide for eligibility of applicant for admission to practice of law--------------_____----------.,,..................-310, 343
--Attorneys At Law; pertaining to proceedings for disbarment---------------------.---.------- ---310, 344
--Atlanta, City of; relating to retirement bene fits ----------------------___.,,____--------_-------310, 344
--Atlanta, City of; to provide pensions to officers and employees--------------------------------. 310, 344
--Atlanta, City of to provide system of pensions for members of paid fire department...._....--------....- 310, 344
--Atlanta, City of; to provide system of pensions for members of police department.----------..----------310, 344
--Fulton County; to establish new retirement system for county employees-...--...-----------------------311, 344
--Superior Court Clerks; to eliminate age re quirements for retirement benefits-..------------------.311, 344
--Tax Commissioner; to provide for compensa tion, certain counties----------------------311, 344, 417, 421, 661
--Ellijay, City of; to provide for change in rate of taxation within East Ellijay--------.. 311, 344, 417, 422, 659
--Atlanta, City of; relating to contempt of municipal court------------______--------311, 345, 591, 729, 939

1464

INDEX

HB 211
HB 212 HB 213 HB 214 HB 215 HB 216
HB 217 HB 218 HB 219 HB 220
HB 221 HB 222 HB 223 HB 224 HB 225 HB 226 HB 227 HB 228
HB 229 HB 230 HB 231 HB 232
HB 233

--Garnishment; to provide salary of State government employees may be gar nished -----,,-----.----.311, 345, 495, 635, 742, 1076, 1258
--Pulaski County; to change compensation of the Commissioner of Roads and Revenue-- ..311, 345, 417, 422, 988
--Hawkinsville, City of; to change city limits ------------------.-_-._-.._.-.- 312, 345, 417, 422, 994, 1251
--Tax Assessors; to provide terms, certain counties ----------------------------------312, 345, 417, 422, 659
--Superior Court Clerks; may charge fees, cer tain counties------...--------------------312, 345, 417, 423, 659
--Macon County; to change compensation of the Board of Commissioners of Roads and Revenue ----.------------------------.------312, 345, 417, 423, 659
--Sales Tax; to provide punishment for failure to remit----------------------__-_------------------------312, 345
--Sales Tax; to provide brackets of prices for collection ------------------------------------------------312, 345
--Plumbers and Steamfitters; to provide for examination .........--------..........----...-----.- 312, 346, 770, 917
--State Highway Department; to provide pay ment for cost of water distribution and sanitary facilities--------------.--.-----313, 346, 466, 825, 1168
--Milledgeville State Hospital; create retire ment fund for employees----.--------..--.. 313, 346, 541, 742
--Pavo, City of; to provide for a change in election of the Mayor------------------313, 346, 417, 423, 659
--Thomasville, City of; to increase maximum tax rate for maintenance of public schools 313, 346, 417, 423, 659
--Thomasville, City of; to establish City Court 313, 346, 417, 427, 659 --Small Claims Court; amend Act to change
population figures ...... ...........................----313, 346, 417, 424, 659 --T'allapoosa Judicial Circuit; to change time
of holding Superior Court ---- ---- ---- 313, 346, 418, 424, 659 --Northern Judicial Circuit; to provide com
pensation for Judge of Superior Court 314, 347, 467, 474, 894 --Workmen's Compensation; to provide final
settlement of disputed claims and define certain words _.-------- ____------_______________ ........ ________ 314, 347 --Psychologists; to make provisions for licensure through State Board of Examiners ..___.__..._.. --314, 347, 935 --Georgia Real Estate Investment Board; to abolish --__..,,..._._....-------_----------314, 347, 770, 1026, 1262 --Income Tax; relating to levy, assessment and collection------------------------------.---------------315, 347 --Estate Taxes; relating to imposition, assess ment and collection to non-resident de cedents ---------------- .,,,,._------------315, 347, 352, 446, 658 --Income Tax; application to fiduciaries, estate and trust------------....-- ---------.-----------. ..._.. ----..... 315, 348

INDEX

1465

HB 234 HB 235 HB 236
HB 237 HB 238 HB 239 HB 240 HB 241 HB 242 HB 243 HB 244 HB 245 HB 246 HB 247 HB 248 HB 249
HB 250 HB 251 HB 252 HB 253 HB 254 HB 255 HB 256 HB 257 HB 258 HB 259 HB 260

--Trials; relating to cases of civil and crim

inal contempt-.---------..-..----------.----------315, 348, 834

--Savannah and Chatham County; to establish

Local Government Commission ------ ..315, 348, 418, 424, 716

--Port Wentworth, City of; fix time for adoption

of license ordinances relating to busi

nesses ...---------------------- ........... 315, 348, 418, 424, 660

--Savannah, City of; to create and estab

lish Municipal Court...---------- - ... 315, 348, 418, 425, 720, 876

--Chatham County; to amend Civil Service

System

._ _ . 316, 348, 418, 425, 1189, 1257

--Sales Tax; compensation of dealer for account

ing, remitting tax levied.----------------------------------..--339, 381

--Davisboro, Town of; extend corporate limits

--..340, 382

--Age of Majority; to lower from 21 to 18..-------------340, 382, 385

--Game and Fish Commission; to provide for a

sub-commission from coastal countries ----------------340, 382

--Attorneys; requirements to practice law in

this State..........----.-------- .-....---- . ------------------340, 382, 385

--Zebulon, City of; create new charter--..340, 382, 418, 425, 661, 664

--Savannah, City of; extend corporate

limits ------340, 382, 418, 425, 662, 721, 942, 1008, 1039, 1170

--Escape; provided penalty--......--....--__------341, 382, 495, 548, 861

--Escape; amend Act to eliminate certain pro

visions --------------.... --------.------------341, 382, 495, 548, 861

--Baxley, City of; to create new charter .-- 341, 383, 418, 426, 660

--Minimum Foundation Program of Education;

to provide minimum annual salary for

teachers .............__..__------------------........... ---------------- -341, 383

--Drug Stores; Pharmacy; permit required to

operate ---------------- -------------------342, 383, 935, 1038

--Atlanta, City of; to create Chief Deputy

Municipal Revenue Collectors .----------342, 383, 591, 730, 939

--Lowndes County; to provide clerical assistance,

Court of Ordinary----- ................. ........ 342, 384, 418, 426, 661

--Elbert County; to change compensation of

Sheriff from fee to salary system 342, 384, 418, 426, 784, 908

--Trust Estates; to provide for recording of

deeds ...----.------------------------.. ..-- 376, 411, 466, 743, 1202

--Income Tax; to provide exemption for real

estate investment trusts.------------ 376, 411, 775, 1026, 1303

--Bremen, City of; to grant rights of way to

utility corporations------------------...-.376, 411, 467, 474, 716

--Candidates; relating to publication of cam

paign expenses.--_.._._.----------.--------. ------------376, 411, 658

--Estate; relating to wife's separate estate -----------------376, 411

--State Employees' Retirement System; to pro

vide for additional creditable service

.... - ----376, 412

--Cobb Judicial Circuit; to provide for addi

tional Judge ...----.--...._..........._.--......... 376, 412, 467, 506, 716

1466

INDEX

HB 261 HB 262 HB 263 HB 264 HB 265 HB 266 HB 267
HB 268 HB 269 HB 270 HB 271 HB 272 HB 273 HB 274 HB 275 HB 276 HB 277 HB 278 HB 279 HB 280 HB 281 HB 282 HB 283 HB 284 HB 285 HB 286

--Right to Work; to protect from infringe ment based on age----.------------------._--------_--......___377, 412
--Sandersville, City of; to change corporate limits _-------------- _----.----------377, 412, 467, 474, 716
--Schools; to provide for compulsory school attendance ___.__________._..._.__________.._____________._._.____.......... 377, 412, 494
--Swainsboro, City of; to provide for change in hours for voting in elections ...............377, 412, 494, 506, 716
--Courts of Ordinary; provide for legal holi days --------_-...--------------------------..377, 412, 467, 510, 716
--Justice of Peace Courts; provide for legal holidays ,,..._...._..___.___......._...377, 412, 467, 510, 716
--Baldwin County; to provide elections for Board of Commissioners of Roads and Revenue --------------------------------377, 413, 467, 475, 863, 909
--Civil Actions; to provide for appearance day ..._...._...._......._.... 378, 413 --State Board of Accountancy; to provide addi
tional points shall not be available..--- ..............378, 413, 838 --Real Estate; amend relating to renewal of
licenses __.._...------._..--------------------379, 414, 770, 914, 1167 --Communications; to prohibit fraudulent
scheme --_----_--.--------...._..--------....--379, 414, 658, 913, 1168 --Pulton County; to provide employees credit
for retirement income------- ------379, 414, 983, 994, 1260 --Columbus, City of; providing for duties of
Mayor in certain instances--------------379, 414, 467, 475, 716 --Marriage; to raise minimum ages--.--..-----._---------.380, 414, 774 --State Highway Commission; to prescribe
duties, etc. of Chairman, Engineer and Treasurer----380, 414 --Columbus, City of; relating to public lands.-380, 415, 467, 475, 717 --Meriwether County; to create districts from
which County Commissioners elected ...380, 415, 467, 475, 717 --Meriwether County; to consolidate offices of
Tax Receiver and Tax Collector............... 380, 415, 467, 476, 717 --Tax Collector; commissions shall be paid to
county, certain counties----.---............. 380, 415, 467, 476, 717 --Meriwether County; placing certain officials
on salary basis in lieu of fee basis.----380, 415, 467, 476, 717 --Meriwether County; to abolish office of Treas
urer, to provide for depositories ............... 381, 415, 467, 476, 717 --Automobile License Tags; to provide issuance
to certain veterans..-........----....--.-....-381, 415, 466, 913, 1166 --Banks; relating to revenue bonds on the State
of Georgia....--_..-.----........----------------.---- ..--.381, 415, 655 --Atlantic Judicial Circuit; placing Solicitor-
General on salary basis ..------ ..-.....--.... 381, 416, 467, 477, 895 --Georgia Industrial Development Commission;
to create.--..-- ...-.-_----.--.--------------------. ... ..----.406, 435 --Sales Tax; relating to resale by Registered
Retail Merchants..----------.------------.._.. ..... ..------ ..406, 435

INDEX

1467

HB 287 HB 288 HB 289 HB 290 HB 291 HB 292 HB 293 HB 294 HB 295 HB 296 HB 297 HB 298 HB 299 HB 300 HB 301 HB 302 HB 303
HB 304 HB 305 HB 306 HB 307 HB 308
HB 309 HB 310 HB 311 HB 312 HB 313

--State Board of Health; to provide payment

of the cost of support, care, etc.___...._._..............____............406, 436

--Cedartown, City of; to extend corporate

limits ........_.-----------------------------.406, 436, 494, 501, 717

--Juvenile Court Act; to amend.---_______.._------..406, 436, 466, 747

--Attorney's Pees; to provide for fixing fees

by trial jury _______________________________________________------------406, 436, 467

--Election offenses; relating to punishment ..... __________ ...406, 436, 658

--Eminent Domain; to prescribe procedure for

exercise

..407, 436, 495, 908, 982, 1017, 1263

--Eminent Domain; Condemnation Proceedings

before Special Master--------------.... ,._..._.__407, 437, 496, 908

--Property; to provide condemnation by State or

United States....-...------------.-.-.-.. 407, 437, 496, 908

--Spring Place, City of; to provide ad valorem

tax shall not exceed 5 mills......----------407, 437, 494, 501, 717

--State Workmen's Compensation Act; to regu

late settlement of personal injury claims_________________... ...407, 437

--Budget Bureau; relating to creation of a

Finance Commission _..______.._..........____________.__._____.-408, 437, 441, 480

--Rome Judicial Circuit; to increase salary of

Assistant Solicitor General.......--------,___ 408, 437, 494, 501, 717

--Rome, City of; relating to salary of members

of Rome City Commission _____________ 408, 437, 494, 502, 717

--Ployd County; to increase salary of Judge

of the City Court .----------------------408, 438, 494, 502, 718

--Prisoners; relating to feeding prisoners, cer

tain counties.--------.-.--.....-....--------.408, 438, 494, 502, 718

--Jury; traverse jury list, certain counties.--... 409, 438, 494, 502, 718

--Heating, Air-Conditioning; governing authori

ties may charge for inspections, certain

counties ------------....-...._.....------------ 409, 438, 494, 503, 718

--Plumbing; governing authorities may charge

for inspections, certain counties _____________ 409, 438, 494, 503, 718

--Field Book System; amend Act relating to

population figures.----.--__.....------------ 409, 438, 495, 503, 718

--Taxes; to provide for exemption to owner

of personal property, certain counties ... 409, 438, 495, 503, 718

--Jury to require list of jurors, certain counties 409, 438, 495, 504, 718

--Education; to provide for supplementing funds

of County Board of Education, certain

counties __________________________ _____________................410, 439, 495, 504, 718

--County Commissioner's Law _____________________ _____410, 439, 495, 504, 719

--Plats; to provide for approval and record

ing, certain counties __.__..._._..._.___.__..410, 439, 495, 504, 863, 976

--Commissioners of Roads and Revenues; to fix

the compensation, certain counties --.... 410, 439, 495, 505, 719

--Chief of Police; repeal Act_____________________________ 410, 439, 495, 505, 719

--Purchasing Department; create in certain

counties ______________________________________________ 410, 439, 495, 505, 719

1468

INDEX

HB 314 HB 315 HB 316 HB 317
HB 318 HB 319
HB 320
HB 321 HB 322 HB 323 HB 324 HB 325
HB 326 HB 327 HB 328 HB 329 HB 330 HB 331 HB 332 HB 333 HB 334 HB 335 HB 336

--Coroners, Constables and Jurors; to provide for fees, certain counties.----------------410, 439, 495, 505, 719
--County Employees; to provide pensions, certain counties --_.------______----------------411, 439, 495, 505, 719
--Collection Agencies; to render it unlawful to engage in the business without license.-------------411, 439, 441, 550
--Teachers' Retirement System; to clarify the provisions of qualifying for credit for prior service.-.---------_.----------.----434, 464, 769, 368, 1167
--Malt Beverages; to prohibit the sale or dis tribution, certain counties----_----___----._._.__..---- ..........434, 464
--Sumter County; to fix and adjust compensation of members of Board of Commissioners of Roads and Revenue.----.___ ________________________ 434, 464, 495, 506, 719
--Tax Receiver; to change census figures re lating to ad valorem school taxes, certain counties __--------...--------------------------434, 464, 495, 507, 719
--State Highway Department; to provide for allocation to municipalities------------------------------_434, 464
--Architects; relating to qualifications for ex amination, experience, etc....----.434, 464, 770, 912, 962, 1303
--Pages; to exempt from taking loyalty oath. _ 434, 464, 774, 868, 1166 --Motor Vehicles; to provide for administra
tion of unsatisfied claim.------_------------.----------..435, 464 --Motor Vehicles; license not issued unless
vehicle covered by motor vehicle liability insurance policy_----------...----.,,------..... --...---- .-----435, 465 --Eye Banks; define-------------------------------435, 465, 769, 871, 1166
--Billiard and Billiard Room; define----------------------435, 465, 838
--Professional Societies; to promote advance study --------....------------------------------458, 488, 775, 916, 1167
--Wheeler County; to change compensation of Commissioner of Roads and Revenue ..458, 488, 773, 799, 988
--Waycross, City of; to amend charter relating to Board of Tax Assessors..............------ 458, 488, 540, 542, 861
--Rockdale County; to increase compensation of Ordinary......--------...--------------------.458, 488, 540, 542, 861
--Rockdale County; to change compensation of Sheriff from fee to salary system.---------- 459, 488, 540, 542, 863, 875
--Rockdale County; to change compensation of Ordinary from fee to salary system 459, 489, 540, 543, 863, 876
--Jury Commissioners; to provide for appoint ment, certain counties ._----------------......-459, 489, 495, 543
--Toccoa, City of; to provide for hours of voting, disposition of ballots.--------------------.459, 489, 540, 543, 861
--Georgia Insurance Code of 1960; amend so as to provide insurers may invest in Revenue Bonds -------_--.----------------460, 489, 528, 656, 806, 1202

INDEX

1469

HB 337
HB 338
HB 339 HB 340 HB 341 HB 342 HB 343 HB 344
HB 345 HB 346
HB 347 HB 348 HB 349 HB 350 HB 351
HB 352 HB 353 HB 354
HB 355 HB 356 HB 357

--Sylvania, City of; to change provisions re lating to salaries of Judge and Solicitor of City Court----.----------__----460, 489, 540, 543, 861
--Court of Ordinary; shall have authority to issue warrants in misdemeanor traffic violations, certain counties..------_--_.460, 490, 540, 546, 861
--Municipalities; to provide procedure for an nexation of territory, certain counties .. 460, 490, 771, 785, 988
--Aid to the Blind Act; relating to assistance to which recipient of assistance is entitled------------460, 490, 496
--Aid to Disabled Act; to provide for physical examination of applicant------.--------------------------460, 490
--Ty Ty, Town of; to change terms of Mayor and Council..--_------------------------.460, 490, 540, 543, 861
--Department of Public Health; to authorize to accept legal title to certain property------------461, 490, 774
--Loans; any person who is 18 years and married may execute promissory notes, loan deeds, etc. __...-___------------------------------...461, 490, 893, 1012, 1202
--Alcoholic Beverages; to provide for a special retail license.--.--.--------...----_------------461, 490, 496, 548
--Appling County; to change compensation of members of the Board of Commissioners of Roads and Revenue..---......----.........461, 490, 540, 544, 862
--Bad Checks; amend act relating to.------.--------.461, 491, 747, 893
--Taxes; to insure collection from non-resi dents engaged in contracting ---------- 461, 491, 658, 747, 1071
--Campaign Funds; amend act to make ap plicable to labor organizations...--------..,,--------------462, 491
--Walker County; to provide for County Attorney .--.-----..-......------------------462, 491, 540, 544, 862
--Johnson County; Relating to County Com missioners so as to change population figures .....------__.__._------------------.-----462, 491, 540, 544, 783
--Tax Receiver; shall be paid from ad valorem school tax, certain counties........ .--------462, 491, 540, 544, 783
--Tax Collector; shall be paid from ad valorem school tax, certain counties.------------463, 492, 540, 545, 783
--Tax Collectors; shall be entitled to commis sion of 10% on all collections in excess of 80%, certain counties......--------------463, 492, 540, 545, 783
--Spalding County; relating to depository of county funds--------_--------------..--------.463, 492, 540, 545, 862
--Griffin, City of; amend Act establishing City Court-........-..--------------------------463, 492, 540, 545, 862
--Spalding County; to change compensation of Commissioners of Roads and Revenue... 463, 492, 540, 546, 862

1470

INDEX

HB 358
HB 359
HB 360 HB 361 HB 362 HB 363 HB 364 HB 365 HB 366 HB 367 HB 368 HB 369 HB 370 HB 371 HB 372 HB 373 HB 374 HB 375 HB 376
HB 377
HB 378 HB 379 HB 380 HB 381 HB 382

--Checks; amend Act relating to delivery of worthless check so as to clarify said check---------.----,,---------------- 463, 492, 771, 1029, 1117
--Plats; amend act to provide that certain counties shall come under operation of said act--.-----------------------.. 463, 492, 656, 748, 994, 1116
--Georgia Post Mortem Examination Act; to provide for certain exemptions------ -- 483, 533, 713, 972, 1202
--Forsyth, City of; to provide change in cor porate limits----------------------.----------------483, 533, 835, 856
--Springfield, City of; to provide increase in salary of Judge of City Court..----.......... 483, 533, 590, 733, 939
--Springfield, City of; to fix the terms of the City Court....--------------.....--------..........484, 533, 590, 734, 939
--Atlanta, City of; relating to annual ad valorem tax for the support of public schools ... 484, 533, 835, 845, 1071
--Dahlonega, City of; to abolish city awards .. 484, 533, 590, 729, 939 --Western Judicial Circuit; to place Solicitor-
General on salary basis-- ----------.... .484, 533, 590, 734, 1168 --Bogart, Town of; to change tax millage...--.... 484, 533, 590, 734, 988 --Cordele, City of; to increase city limits....-- 484, 533, 590, 734, 939 --Commissioner of Roads and Revenue; pro
vide expense allowance, certain counties-484, 534, 590, 735, 939 --Commissioner of Roads and Revenue; to pro
vide for salary, certain counties............-- 485, 534, 590, 735, 939 --Sheriff; to provide supplemental salary, cer
tain counties--.......----------..................... 485, 534, 590, 735, 939 --Carrollton, City of; create office of City
Supervisor ..----------------.----------..485, 534, 590, 735, 940 --Dublin, City of; relating to indebtedness .--------485, 534, 590, 736 --Thomaston, City of; to change voting hours ...485, 534, 590, 736, 940 --Laurens County; relating to County Com
missioners -- -.-..-.-.---..-..---.------- 485, 534, 590, 736 --Unemployment Compensation Law; deficit re
serve accounts shall not apply to canners, etc. ------------------ ..---_----.--.-------------------485, 534
--State Office Building Authority Act; to clarify the definition of the words "project" and "self-liquidating" ....--------------------.485, 534, 715, 807, 1166
--State Highway Maintenance Crews; to pro vide a minimum work day and week----------------...........486, 534
--Effingham County; to provide for change in compensation of County Treasurer...... 486, 535, 590, 736, 940
--Georgia Industrial Loan Act; remove cer tain provisions regarding licensees-------.------------ ... 486, 535
--Pulton County; to provide a system of pension and retirement pay to teachers...............486, 535, 983, 995, 1260
--Southern Judicial Circuit; placing SolicitorGeneral on salary system .......................486, 535, 590, 737, 1306

INDEX

1471

HB 383 HB 384 HB 385 HB 386
HB 387 HB 388
HB 389 HB 390
HB 391
HB 392 HB 393 HB 394 HB 395 HB 396 HB 397 HB 398 HB 399 HB 400 HB 401
HB 402 HB 403 HB 404 HB 405 HB 406

--Newnan, City of; relating to the closing of

Goodrum Place.------------------------------486, 535, 590, 737, 940

--Trucks; protective measures for discharge of

gravel, sand, etc. on public roads.--------------------------487, 536

--Nellieville, Village of; relating to Commissioners-----______..__487, 536

--Board of Funeral Service; to change the defini

tion of an "apprentice" and "Funeral Di

recting" _--_------.----------_.----------.487, 536, 774, 1122, 1175

--Ordinaries' Retirement Fund of Georgia;

amend ---------.------------------..._.... 487, 536, 658, 824, 940

--Motor Vehicles; license shall not be issued un

less covered by motor vehicle liability

insurance policy.----------------------------------------488, 536

--Housing Authorities; to declare corporate and politic -488, 536, 938

--Employees' Retirement System; to redefine

retirement allowances, limit prior serv

ice --------------------------529, 584, 1069, 1184, 1267, 1272, 1282

--Marine Traffic; to provide method of certifi

cate transfer when ownership of a motor

boat changes-------.--------------..--------529, 584, 837

--Peace Officers' Annuity and Benefit Fund;

amend -------_------

529, 584, 939, 1125

--Mortgage, Bill of Sale; relating to public

utility companies-----------.--------------529, 584, 770, 868, 1202

--Pierce County; to change compensation for

County Commissioners----------------------529, 585, 656, 730, 940

--Free Text Book Act; extend to Georgia Train

ing School for Boys, Girls....----..529, 585, 769, 867, 1263, 1265

--Gray, Town of; to change certain streets.----529, 585, 656, 731, 940

--Small Claims Court; create in certain

counties -

.--

-- 530, 585, 657, 731, 940

--Monroe, City of; define limits------------------530, 585, 657, 731, 940

--Atlanta, City of; relating to pensions of

Police Department-.--------------------530, 585, 936, 953, 1202

--Nomination by Political Parties; certain of

ficials elected by county unit system.------------.------530, 585

--Municipalities; to provide for maintenance of

certain streets and highways, certain

counties ------........------_--...-- ...... -- 530, 585, 769, 1010, 1202

--Insurance Companies; shall invest 75% in

Georgia Securities......-.-....-.............------------..------530, 586

--Clayton County; consolidate offices of Tax Re ceiver and Tax Collector..-.--------------531, 586, 657, 731, 940

--Brunswick, City of; to provide procedure connected with making of tax returns----------._------531, 586, 657, 732, 941

--Brunswick, City of; to increase number of bailiffs in City Court----_....------.........531, 586, 657, 732, 941

--Glynn County; to place Coroner on salary in lieu of fee system.....------------..------.--531, 586, 657, 732, 941

1472

INDEX

HB 407
HB 408 HB 409
HB 410 HB 411 HB 412 HB 413 HB 414
HB 415 HB 416
HB 417 HB 418 HB 419 HB 420
HB 421 HB 422 HB 423 HB 424 HB 425 HB 426 HB 427 HB 428 HB 429

--Glynn County; to provide for compensation of members of Board of Commissioners of Roads and Revenue-.-.--------.-..-.531, 586, 657, 732, 941
--Juvenile Court Act; amend, certain counties ___------------.._____--------------_....531, 586, 657, 732, 941
--Greene County; relating to Board of Commis sioners of Roads and Revenue, number, method of election, etc.-----........._._---- 532, 587, 656, 726, 941
--Greene County; to place certain officials on salary basis in lieu of fee basis--...532, 587, 657, 733, 942, 976
--Greene County; consolidate offices of Tax Receiver and Tax Collector.......------...--532, 587, 656, 728, 941
--Gray, City of; amend charter to change name from Town of Gray----------.--------532, 587, 657, 733, 941
--Statesboro, City of; to provide change in annual salary of Judge of City Court... 532, 587, 657, 733, 941
--Bulloch County; to change compensation of Chairman, Clerk and other members Board of Commissioners--. -- ...--... ---- .532, 587, 656, 728, 941
--Lamar County; to change compensation of clerical help for Tax Commissioner--- 568, 642, 771, 786, 1071
--State House Officers; officers required to keep account of additional fees and com pensation --....--.------..----------------.----------------569, 642
--Capital Punishment; repeal---------------------------.569, 642, 769 --Marriage Licenses; how granted, returned
and recorded .___.----------_-..__--569, 642, 912, 957, 979 --Fireworks; to provide for local option for sale
and regulation-------------------- -- ..------------------569, 642 --Clerk of the Superior Court; to authorize in
stallation and use of microfilm photo graphic equipment; certain counties .... 569, 642, 771, 786, 989 --Floyd County; to change compensation of office of Tax Commissioner--._------.569, 642, 771, 786, 989 --Floyd County; to provide for compensation of Treasurer......--------.......------....----569, 643, 771, 786, 989 --Floyd County; to provide for compensation certain officials------------------------570, 643, 771, 787, 989
--Rome-Floyd County Industrial Development Authority; to create.------...---------570, 643, 771, 787, 989
--Floyd County; to fix compensation of Board of Roads and Revenue..---...--------.....570, 643, 771, 787, 989
--Floyd County; to provide compensation for members of County Board of Education----------570, 643, 771, 787, 989
--Albany, City of; relating to registration books and voters----------------------570, 643, 771, 788, 989
--Charlton County; to provide for districting into fire protection districts ----------------...._... 570, 643, 771, 788, 989
--Employees' Retirement System; amend -570, 643, 715, 875, 1166

INDEX

1473

HB 430 --Athens, City of; to close certain

streets ---------------- .---------- . 570, 643, 771, 788, 989

HB 431 --Gumming, City of; change corporate

limits --....------..--------------... ......571, 643, 771, 788, 990

HB 432 --Wholesale Advertising; prohibit

false advertising-.....--.--.-.------571, 644, 770, 1033, 1262

HB 433 --Georgia Agricultural Commodities

Promotion Act; create--------571, 644, 655, 745, 1189, 1256,

HB 434 --Textbooks; to provide for listing and adoption

for use in public schools...--.--.----------... --------.. 571, 644, 892

HB 435 --Hall County; to change days for regular meetings

of County Commissioners...._--------...--571, 644, 771, 789, 990

HB 436 --Fail-burn, City of; close certain streets.--571, 644, 835, 845, 1071

HB 437 --Property; to confer right and power to condemn small

watershed projects, certain counties..--------------572, 644, 770

HB 438 --Muscogee County; to confer right to condemn private

property for small watershed

projects .....--...-- ..----.------------572, 644, 771, 789, 1071

HB 439 --Dodge County; to change Sheriff from fee to

salary system ....... ..... -- .........--.----..... 572, 644, 771, 789, 990

HB 440 --Dodge County; change certain officials from

fee to salary system.----....----------..........572, 645, 771, 789, 990

HB 441 --Minimum Foundation Program for Education; determine

financial ability Fulton and DeKalb Counties ..___._... 572, 645

HB 442 --Tobacco Boards of Trade; organize._.--------.._....----.....

572, 645

HB 443 --Dodge County; to change compensation of Clerk

of County Commissioners ..------------_... .572, 645, 771, 790, 990

HB 444 -- Hall County; to change compensation of

members of Board of Commissioners of

Roads and Revenue .........................._...... 573, 645, 771, 790, 990

HB 445 --Dodge County; amend Act creating

Office of Tax Commissioner- ...... ..... 573, 645, 771, 790, 990

HB 446 --Darien, City of; to close certain streets.-- 573, 645, 772, 790, 990

HB 447 --Mclntosh County; relating to compensation

of Ordinary .... ...__------.------....----...573, 645, 772, 790, 990

HB 448 --Warwick, City of; shall not be affected by

limitation of ad valorem taxation by

municipal corporations.------ _.........----.574, 645, 772, 791, 990

HB 449 --Warwick, City of; change name from

Town of Warwick............ .........-------- 574, 646, 772, 791, 990

HB 450 --Certified Public Weighers; to provide for weighing

of products of farms and forests.----------...._. ....574, 646, 655

HB 451 --Clarke County; to fix compensation of Judge

of the Juvenile Court.._...._.--..____._._.......574, 646, 772, 791, 991

HB 452 --Solicitors-General Retirement Fund of Georgia;

change date of eligibility..---------- .-574, 646, 658, 871, 1201

HB 453 --Aid to the Blind Act; to increase eligibility

income deductions ...................._.....__............... ...... ... 574, 646

HB 454 --Rome, City of; to define the rights and

powers of the municipality------------. .575, 647, 772, 791

1474

INDEX

HB 455 HB 456 HB 457
HB 458
HB 459 HB 460 HB 461 HB 462 HB 463
HB 464
HB 465
HB 466
HB 467 HB 468
HB 469 HB 470
HB 471
HB 472
HB 473
HB 474
HB 475
HB 476
HB 477
HB 478
HB 479
HB 480
HB 481
HB 482 HB 483

--Rome, City of; to define corporate limits----575, 647, 772, 792, 991 --Superior Courts Emeritus; benefits for widow of Judge--575, 647 --Atlanta, City of; Fulton County; obligations
for recreation authority......____--------_____---- .-575, 647, 835, 846 --General Assembly; member shall receive credit on pension
as member of General Assembly------------575, 647, 938, 1071 --Insurers; to provide penalty for failure to pay claims----___576, 647 --Insurance; to establish new laws relating thereto.----------576, 648 --Sales Tax; to change time of delinquency-------- ____________ __576, 648 --Sales Tax; to exempt Public Recreation Authorities _.___ 576, 648 --Chatham County; Savannah, City of; repeal
Act relating to local government im provement commission __________________ ______..___576, 648, 773, 801, 991 --Colquitt County; to provide for change in compensation of Sheriff _--.------------..._ 577, 648, 772, 792, 991 --Moultrie, City of; to change millage rate on all taxable property---------------------- 577, 648, 772, 792, 991 --Taxes; to authorize counties to levy a tax for certain school lunch purposes..------__...______..._...._.___ _577, 648 --Divorce Cases; relating to custody of children ___ ......__577, 649, 893 --Atkinson County; qualifications of Judge of City Court----____________________________577, 649, 772, 792, 991 --Americus, City of; new charter----------------577, 649, 772, 792, 991 --Peach County; consolidate office of Tax Receiver and Tax Collector--._..._.--------__--------577, 649, 772, 793, 991 --Morgan County; change compensation for assistants for the Clerk of the Superior Court----578, 649, 772, 793, 991 --Elberton, City of; redefine and extend corporate limits .----------_----------........578, 649, 772, 793, 992 --Elberton, City of; redefine and extend corporate limits .........___._...__.............__.___..__.578, 649, 772, 793, 992 --Trenton, City of; to provide for new system for registering voters.----_----.--------578, 649, 772, 794, 992 --Baker County; to provide County Commissioners shall be elected from each district................. 578, 649, 772, 794, 1071 --Clayton County; amend an Act creating the Clayton County Water Authority....----_._--------..578, 650, 772, 794, 992 --Clayton County; place Ordinary on salary in lieu of fee basis.-----------.. ____________.578, 650, 772, 794, 992 --Toccoa-Stephens County Airport Authority; create -______------------.------.--------.........578, 650, 772, 794, 992 --Carsonville, City of; to repeal Act incorporating _________________.------__.__._.......579, 650, 772, 795, 992 --City of Milner; to change time for holding elections.---------------------579, 650, 772, 795, 1072 --Employees Retirement System; to provide minimum benefits ...--__________________-. ..._..___.____ ________ _______ 579, 650 --Schools; providing grants of State and local funds-.--------579, 650 --Newton County; to change compensation of Commissioner of Roads and Revenue----579, 650, 772, 795, 992

INDEX

1475

HB 484 HB 485 HB 486 HB 487 HB 488 HB 489 HB 490 HB 491 HB 492 HB 493
HB 494 HB 495 HB 496 HB 497 HB 498 HB 499 HB 500 HB 501 HB 502
HB 503 HB 504 HB 505 HB 506 HB 507
HB 508

--Oxford, Town of; to provide for compensation of Mayor and Councilmen._.____.__________._______._579, 650, 772, 795, 992
--Macon, City of; incorporate certain areas __..__.._____.....________._._.._____________._______ 579, 650, 772, 796, 1168
--County Treasurer; change compensation, certain counties.......______________.___...___._.._._____579, 651, 772, 796, 992
--Coroners; change compensation, certain counties._---_______._._.._..-____......... 580, 651, 772, 796, 992
--Soperton, City of; new charter ____.,,_._,,__ _______580, 651, 773, 802, 993 --Athens, City of; create office of City
Tax Assessors___._-_._-___________________-.-________580, 651, 772, 804, 993 --Georgia Industries for the Blind; create___..... ___.___.______._._...._.580, 651 --State Literature Commission; create______ ___________._580, 651, 715, 822 --Reporting Crimes; false report shall be punished
as for a misdemeanor__.,,_,, __________.___________580, 651, 774 --Georgia Training School for Mental Defectives
at Gracewood; change name to Gracewood State School and Hospital _..___________.__.___580, 651, 770, 912, 1167 --Primaries; State Executive Committee shall fixe date for holding._________________.__..._.____581, 651, 715, 1180, 1310 --Strikes; to prohibit by public employees _. ______ - -581, 651 --Income Tax; to provide deduction of Federal income taxes _._,,.____________._,,.__________._ ___581, 652 --Schools; pupils not counted as transported pupils, certain cases ,.,,_._..______________.___....581, 652, 892, 960, 1204 --Wheeler County; compensation of Ordinary _______________ _____________________ ______581, 652, 772, 796, 993 --Wheeler County; compensation of certain officials ............._________.........__..____._.581, 652, 772, 797, 998

--Dougherty County; consolidate office of Tax Receiver and Tax Collector............._.._____..581, 652, 772, 797, 993

--Rural Mail Carriers; authorized to display an amber colored light_______-__.._-__-_____.-582, 652, 837, 910, 1166

--Macon, City of; to extend corporate

limits

582, 652, 714, 725, 1076,1119, 1190, 1191, 1219,

1312

--Covington, City of; new charter _______ .... 582, 652, 772, 797

--Sales Tax; to increase rate and provide for

increased allowance to dealers ________

________ _._582, 653

--Dublin, City of; to extend corporate

limits _

,,

...582, 653, 772, 797, 1076

--Dublin, City of; to provide for appointment of certain oficers _______.........._________._.___ 582, 653, 772, 797, 1189, 1264, 1279

--Miller County; to change compensation of members of Board of Commissioners of Roads and Revenue ______________________ 582, 653, 773, 798, 993

--Atlanta, City of; fix retirement benefits for Mayor and other officials ____________ ______583, 653, 835, 816, 1168

1476

INDEX

HB 509 HB 510 HB 511 HB 512 HB 513 HB 514 HB 515 HB 516 HB 517 HB 518 HB 519 HB 520 HB 521 HB 522 HB 523 HB 524 HB 525 HB 526 HB 527 HB 528 HB 529 HB 530 HB 531 HB 532 ::

--Atlanta, City of; establish Emeritus

offices ...-.___._______..-...-__.....__...-.__........._.583, 653, 835, 846, 1261

--Pulton County; establish Emeritus

offices __._._________._.._______._._..___________583, 653, 835, 847, 1263, 1265

--Stewart County; change compensation certain

officials ___.__._.....______-___-...___-_..-..........__.__.583, 653, 773, 798, 993

--Temple, Town of; to provide requirements

of qualified voters..____........_..._............._.._636, 709, 835, 846, 1072

--Lumpkin, City of; change corporate

limits ..._.._____......._...__... _...__ _637, 709, 835, 846, 1072

--Health Insurance Plan; to authorize for

employees of State.....631, 709, 715. 823, 993

--Election Precincts; to authorize Ordinary to establish

additional election precincts,....._.__._._______........... .637, 709

--Decatur County; relating to compensation

of Treasurer .._........._.......___._....__.,,...._._.__ ..637, 709, 836, 857, 1072

--Atlanta, City of; provide pensions for

officers and employees .________.__.__. _.___._.__637, 709, 835, 847, 1168

--Atlanta, City of; provide pensions for

fire department

...... .___... 637, 709, 835, 847, 1169

--Dalton, City of; incorporate certain

areas .._.._..................___.___... 637, 709, 835, 847, 1169

--Game and Fish Commission; election for opening sounds

shall not apply in certain counties... ..,, ~~--------.-.._ ..--637, 709

--Acworth, City of; extend corporate

limits ..__._.__._...___..-.._._..___.__.._.-.._.__.__._.._ 638, 710, 835, 848, 1072

--Smyrna, City of; increase corporate

limits ____.,,_.-...._.__. ....._-____.___......-..........-.._._.638, 710, 835, 848, 1072

--Powder Springs, City of; change corporate

limits ._..___..__.____._.........._...._.__............._.._......638, 710, 835, 848, 1072

--Employment Security Law; to provide certain appropriations to Department of Labor___ .......... 638, 710, 768, 871, 1310

--Solicitor General; provide additional compensation certain judicial circuits.........--_____._._....638, 710, 835, 848, 1169

--Richmond County; to change compensation of Judge of the City Court._......._.._....._ ......638, 710, 835, 848, 1072

--Augusta, City of; revise laws relating to Municipal Court...................__..-.....-.._..._..638, 710, 835, 849, 107-5

--Richmond County; change compensation certain officials._-._._.____-...-..___.__..__.........639, 710, 835, 849, 1072

--Nellieville, Village of; repeal Act incorporating .,,.__.._._.....__ .639, 710, 835, 849, 1072

--Richmond County; appoint certain court officials ...........__.__.-_-...._.-.._._._.....-..._..___639, 711, 836, 850, 1073

--Richmond County; change compensation of coroner fee to salary basis._______....-.._..__._........__639, 711, 836, 850, 1073

--Richmond County; provide for appointment of secretary to serve judges of the City Court .___.__639, 711, 836, 850, 1073

HB 533
HB 534 HB 535 HB 536 HB 537 HB 538 HB 539 HB 540
HB 541 HB 542 HB 543 HB 544 HB 545 HB 546 HB 547 HB 548 HB 549 HB 550 HB 551 HB 552 HB 553 HB 554 HB 555 HB 556
HB 557

INDEX

1477

--Motor Vehicles; to allow condemnation of

abandoned vehicles in possession of law

enforcement officers.--__--._--.----___------....--------639, 711, 771

--Motor Vehicles; liens for unclaimed vehicles.--------_____639, 711, 771

--Department of Law; relating to appointment of

Assistant Attorney-Generals ----------....---640, 711, 715

--Public Office; to change provisions for

eligibility and qualifications-- _.----______...--------640, 711

--State Board of Education; authorization of lease

property up to 4 years.------------ -640, 711, 769, 1180, 1303

--Columbus, City of; title to certain

tract of land----------- -----------------640, 711, 836, 850, 1073

--Income Tax, deduction to cooperative housing

corporations . -----------.--------------------------------641, 712

--Georgia Safety Fire Commissioner; to authorize

collection of fee for issuing permits to pur

chase explosives------------------------------__641, 712, 769

--Cordele, City of; close certain alley------641, 712, 836, 849, 1073

--Schools; to regulate the attendance of

married students.------------.--------702, 769, 775, 973, 1203

--Structural Pest Control Act; to repeal provision limiting

licensing power of municipalities _-- 703, 775, 981, 1184, 1304

--Bond Issues; to provide procedures to be followed

when authorized by resolution ----.--.703, 775, 834, 1030, 1304

--Malt Beverages; 864 fluid ounces prima facie

evidence of possession------------------------.------703, 776, 1164

--Union County; placing certain officials

on salary system.--------------703, 776, 836, 857, 1170, 1223

--Gainesville, City of; relating to

ad valorem taxes----------------------703, 776, 836, 851, 1073

--Gainesville, City of; office employees under Civil Service

may be between 18 and 35-..------------------..703, 776, 836, 851

--Gainesville, City of; to change corporate

limits

---------------- --703, 776, 836, 851, 1076, 1250

--Ocilla, City of; relating to registered

voters .....----------.,_----------------..704, 776, 836, 851, 1073

--Ocilla, City of; relating to water and

gas systems ------------------------------704, 776, 836, 851, 1073

--Teachers; to provide for an increase in salaries.----_----704, 776

--Macon, City of; to close Orange Street

Lane in Square 82 _._--------------------704, 776, 836, 852, 1073

--Income Tax; to increase tax rate on certain

income brackets --------------------..----------------.... -704, 777

--West Point, City of; to provide for method of electing

Mayor and Aldermen.--------------------704, 777, 836, 852, 1074

--Used Car Dealers' Registration Act; shall be

applicable in counties having population

of not less than 14,500 nor more than 14,900 ----.704, 777, 837

--Law Libraries; establishment and maintenance

in certain counties _____--------_____------.705, 777, 835, 855, 1074

1478

INDEX

HB 558 HB 559 HB 560 HB 561 HB 562 HB 563 HB 564 HB 565 HB 566 HB 567 HB 568 HB 569 HB 570 HB 571 HB 572
HB 573 HB 574 HB 575 HB 576 HB 577 HB 578 HB 579 HB 580 HB 581 HB 582

--Manchester, City of; to annex certain territory to the corporate limits..----..--------705, 777, 835, 855, 1074
--Monroe, City of; to provide for a Board of Police Commissioners.---..----.------705, 777, 836, 852, 1169
--Teachers' Retirement; to change provisions for optional service retirement benefits ............. ----705, 769, 777, 927, 1166
--Soft Drinks; to provide for definitions and procedure relative to tax . ___ ---- ...---- .. ......................... -705, 777
--Chattooga County; to create Office of City Court Solicitor.... ------.._...._.----.705, 778, 836, 852, 1074
--Menlo, City of; to extend terms of mayor, recorder and councilmen............ ...----705, 778, 836, 853, 1074
--Summerville, City of; new charter............ .706, 778, 836, 853, 1074 --Forest Park, City of; to amend Act
incorporating ----... ............ ._----_...-- 706, 778, 836, 853, 1074 --Morrow, City of; to provide for Mayor
and Councilmen.-.....-..............----....--706, 778, 836, 853, 1074 --Income Tax; to provide for 5-year moratorium on
collection for certain corporations.--.....----... ....... 706, 778 --Teachers; salary increase shall be borne proportionately
from state and local funds .........................----............ 706, 778 --Honey Bees; to provide for payment of bees destroyed ..-706, 778 --Motor Vehicles; special permits for
excessive weight----......------.....------. -------- . ......706, 778, 1163 --Coroners; amend Act in certain
counties .._..._..._...-- .-------- ..707, 779, 836, 854, 1076, 1118 --Oglethorpe County; to fix compensation of
members of Advisory Board, County Commissioners ____....-------- ..----------707, 779, 836, 854, 1074 --Tift County; to change compensation of tax-commissioner -....------.-..-...._----.......----.... ...------ .. 707, 779 --Tift County; to change compensation of certain officials........_----........--.......... .------ ...... .......708, 779 --Henry County; to create Henry County Water Authority------.........---- ............708, 780, 836, 854, 1169 --Hampton, City of; to close certain streets ..--____.--_._..--------.------ ._.........708, 780, 836, 854, 1169 --Henry County; relating to building and other codes......----....------_._.--------.....708, 780, 836, 854, 1169 --Norcross, City of; to extend corporate limits _....--------------...--------......708, 780, 836, 855, 1074, 1117
--Gwinnett County; to create office of Tax Commissioner----__..----------._._--.708, 780, 836, 855, 1074
--Motor Fuel Tax; to provide for refund to nurserymen... _--...._--_--._.....-..----........------....----761, 834, 839
--Jury Trials; relating to when it is proper to direct verdicts.....---,-.-..------..-..761, 834, 839, 960, 1204
--Catoosa County; to create the office of Tax Commissioner ............ --------761, 839, 936, 949, 1201

INDEX

1479

HE 583 HB 584 HB 585 HB 586 HB 587 HB 588 HB 589 HB 590 HB 591 HB 592 HB 593 HB 594 HB 595 HB 596 HB 597 HB 598 HB 599 HB 600 HB 601 HB 602 HB 003 HB 604 HB 605
HB 606 HB 607

--Department of State Parks; to transfer to State Game and Fish Commission ______________----------_--....------761, 839
--Paulding County; to supplement salary of Sheriff _......____...762, 839, 936, 949, 1201
--Eminent Domain; to redefine the term "condemning body"___._.._____________________________ ..._._......_..762, 838, 839
--Union County; to change the salary of the Tax Commissioner---_______________----.___----______..._____--762, 839
--Catoosa County; to change compensation of Commissioner of Roads and Revenue ------------.762, 840, 936, 949, 1189, 1224
--Catoosa County; to provide for clerical assistant to the Sheriff------_______ 762, 840, 936, 950, 1189, 1224
--Urban Redevelopment Law; to provide findings when area consists of open lands------------------------762, 838, 840
--Motor Vehicle; pertaining to governing and controlling licenses______________________------762, 826, 840
--Fishing; to provide that it shall be unlawful to engage in commercial fishing on Sabbath.----762, 837, 840, 914, 1277
--Bremen, City of; to amend charter----...--763, 840, 936, 950, 1201 --State Officials; relating to appearance before
grand juries.__.._.._____--______--__----__763, 840 --County Officials; relating to appearance before
grand juries --________--_____.____--____------_________------_.. _____________763, 840 --Winder, City of; relating to sanitary
assessments _________________.------------------,763, 840, 936, 950, 1201 --Motor Vehicle; relating to proration fees for
parts of a year for license fees ___.--_ ___,,._.763, 840 --Georgia Seed Law; to provide labelling to
show actual germination ._.________________...._.__.....__._.._.___..763, 840 --Teachers' Retirement System; to provide for
suspension of payment of benefits.------.------...------763, 840
--Teachers' Retirement System; to change provisions relating to members-..,.--------------------764, 840
--Codes; to authorize governing authorities to make, adopt, etc....-----------------.765, 842, 893, 974, 1304
--Advertising Rates; to provide provisions for any political advertisement or program----.._------.765, 842, 935, 1035, 1117
--Checks; to provide that in certain instances violations shall be a felony .._--------__----._... ------.._.__765, 842
--Property; to provide that in certain instances violations of sale shall be a felony __________ ....----_... _____ 765, 842
--Competitive Bids; to provide procedure in connection with expenditure of public funds ..--------___------_-- .----765, 842
--Tattnall County; to change manner in which vacancies are filled and change compen sation, County Commissioners ___________ 765, 842, 936, 950, 1201
--Firemen; to amend Act providing pensions _________________765, 842
--Landowners; may compel partition __________.766, 842, 935, 1015, 1310

1480

INDEX

HB 608 HB 609 HB 610 HB 611 HB 612 HB 613 HB 614 HB 615 HB 616 HB 617 HB 618 HB 619
HB 620 HB 621 HB 622 HB 623 HB 624 HB 625 HB 026 HB 627 HB (>28 HB 629 HB 630 HB 631

--Tax; to exempt certain merchants and dealers from municipal taxation,--._..._......_____....._.......--____....___.766, 843
--Cartersville, City of; to change corporate limits ______.....--_--_____-__.__.._____.______._----__766, 843, 936, 951, 1201
--Cartersville, City of; to change corporate limits __._.._..______------________...__.__________._..___.__.766, 843, 936, 951, 1201
--Cartersville, City of; to change corporate limits ..._......_...._.._.__.__..__....__...____.___..............766, 843, 936, 951, 1202
--Chattooga County; to change compensation of Ordinary......................__..._________._..._----..766, 843, 936, 951, 1203
--Rossville, City of; to change the corporate limits ........_._._....__.______ .__..._.__------__.... ...766, 843. 936, 952, 1203
--Port Oglethorpe, Town of; to enlarge the corporate limits......._-._-_._._.___.._.........767, 843, 936, 952, 1203
--DeKalb County; to provide for salaries for Civil Court employees............................767, 844, 1069, 1084, 1306
--DeKalb County; to prescribe salaries of certain officials ___............._..__._............767, 844, 936, 952, 1306
--Mountain Judicial Circuit; to change compensation of official court reporter _.._.________767, 844, 936, 952, 1267, 1274
--County Police; to change population figure ..........._._________________........._....__..__..767, 844, 1068, 1077, 130G
--DeKalb County; to prescribe salary for Chair man of Board of Commissioners of Roads and Revenue........... ............................768, 844, 1068, 1082, 1306
--Motor Vehicle; to provide method of identification by counties................................................ ................. .........828, 900
--Union County; to create the office of Tax Commissioner._._...._... ............... ...828, 900, 983, 995, 1307

--Gordon County; authorization to levy a tax not to exceed 3 mills....... ....._...._.__.___.._..828, 900, 983, 995, 1260

--Calhoun, City of; to extend corporate limits .._._................._._.______._...........___.._........829, 900, 983, 995, 1260

--Agricultural Products; to define certain terms __.._......_.._....... ..__._._._...._._.... .....................829, 900, 982, 1179

--Warm Air Heating Equipment; to remove certain counties from applicability...... ..._______..._

829, 900

--Ware County; to fix salary of the county commissioner .................................. -829,900,983,995

--Webster County; to change compensation of Commissioner of Roads and Revenue ................ ......829, 900, 983, 996, 1260

--Motor Vehicle; relating to liens for towing, storage etc. . 829, 900

--Divorce; to provide for notice of application to remove disabilities............--..............___._............_.__829, 893, 901

--Motor Vehicles; unlawful to sell unless purchaser is holder of valid operator's or chauffeur's license.. .._..._... 830, 901

--Chattahoochee Plantation; to incorporate __..____._..._.........._.__._.............. 830, 901, 983, 999, 1260

INDEX

1481

HB 632
HB 633 HB 634 HB 635 HB 636 HB 637 HB 638 HB 639 HB 640 HB 641 HB 642 HB 643
HB 644 HB 645 HB 646 HB 647 HB 648 HB 649 HB 650 HB 651 HB 652 HB 653 HB 654

--Marietta, City of; to allow expenditure of monies derived from street improvement bond issue.___.._______----------830, 901, 983, 1000, 1260
--Austell, City of; to change corporate limits .__._..._._..______.._..........______.______.__........ 830, 901, 983, 996, 1307
--Cobb County; to consolidate offices of Tax Collector and Tax Receiver... ----...._--830, 901, 983, 996, 1263
--Cobb County; to abolish fee system for certain officials .._...__.__.__.. __._____.___.830, 901, 983, 996, 1261
--Cobb County; to provide establishment of Fire Prevention Districts .............. ............. 830, 901, 983, 997, 1261
--Franklin County; relating to amount of bond of the Sheriff .__..._........._._..._....___._..831, 902, 983, 997, 1261
--Cobb Judicial Circuit; to fix compensation for assistant solicitor-general ........_____..__..831, 902, 983, 997, 1261
--Game and Fish Commission; to authorize purchase of certain vehicles ......................_........._._ 831, 902, 937, 1122, 1263
--Richmond County; authorization to establish and maintain law library.. --------------.831, 902, 983, 997, 1261
--Professional Escort Services; to provide for creation of State Board of Examiners ........----_--. -- .-.-------831, 902
--Dalton, City of; to provide for closing of Whitfield Street.-----.----------831, 902, 983, 997, 1261
--Georgia Milk Commission; to prescribe how producers shall be paid for milk sold to distributors . -- ._.----------------------832, 892, 903, 971, 1203
--DeKalb County; to provide for collection of costs, Superior Court...........----832, 903, 1068, 1077, 1307
--Atlanta, City of; to provide for execution of tax returns .............. ..._.........__._____-..832, 903, 1068, 1077, 1307
--Fulton County; additional life insurance for employees---.......-.......-....--..--833, 903, 1068, 1078, 1307
--Fulton County; to provide sale of fi. fas. shall be optional._...----_----------.___. 833, 903, 1068, 1078, 1307
--Motor Vehicle; to make it a penal offense to drive over fire hose when in use._.............._____....__.._._.__.___...__..... .833, 904
--Fulton County; Tax Commissioner shall retain control of all tax deeds ........._________ 833, 904, 1068, 1078, 1307
--Fulton County; to establish rules and regulations relating to pensions----------------------------------.--833, 904
--Fulton County; relating to teacher's pension and retirement fund....___------------833, 904, 1068, 1078, 1307
--Fulton County; to provide administrative officer of Superior Court.__._--.____--------. .....834, 904, 1068, 1079, 1308
--Fulton County; relating to Park and Recreational Systems----------......--834, 904, 1068, 1083, 1308
--Glynn County; to change population figures relating to tax for roads.____._ __..----_----------------__.._........896, 944

1482

INDEX

HB 655 HB 656 HB 657 HB 658 HB 659 HB 660 HB 661 HB 662 HB 663
HB 664 HB 665 HB 666 HB 667 HB 668 HB 669 HB 670 HB 671 HB 672 HB 673 HB 674 HB 675 HB 676 HB 677 HB 678

--Forest Park, Town of; to prescribe its limits and provide for annexations---____--------____.896, 944, 983, 998, 1261
--Veterans; additional credit points for certain examinations --__-------_______.__----___--_------896, 938, 945
--Barbers, Hairdressers; to prescribe certain qualifications before taking examination--------__----_______896, 945, 982
--Rockmart, Town of; to confer additional powers upon corporate authorities--__------.-----897, 945, 983, 998, 1261
--Pulton County; to provide additional pension benefits to county employees----------------...---- _------.897, 945
--Atlanta, City of; additional pension benefits for Police Department--------------___.....--------------897, 945
--Candler County; to provide for annual inventory of county property and equipment------ 897, 945, 983, 998, 1261
--Jefferson, City of; to change time for making returns of property for taxation..----------....-897, 945, 983, 998, 1308
--Insurance; to prohibit a farmers' mutual fire insurance company from accepting rein surance of risk -----------.---_------------..__------..--._ 897, 946
--Richmond County; to change compensation of certain officials ----------------------898, 946, 983, 999, 1262
--Mechanics' Lien on Personalty; to provide when lien may be foreclosed----..------.------------.------------898, 94(i
--Claxton, City of; new charter--------------898, 946, 983, 1000, 1262 --Atlanta, City of;, amend pension system
for Fire Department-....----------._...---------------.......898, 946 --Brooks County; to change compensation
of Sheriff---------........------------898, 946, 983, 999, 1262 --Traps; to prohibit manufacture or possession
of certain traps.----...-------------------.-.--------899, 947, 1163
--Milk; to regulate sale, inspection, importation and distribution......--------.--._--------899, 947, 982, 1121, 1310
--Atlanta, City of; to provide additional pensions for employees with 25 years' service.----------.----.---- .----899, 947
--Sandersville, City of; change in maximum fine for violation of law or ordinance....------.899, 947, 983, 999, 1262
--Hoschton, City of; to decrease corporate limits --.--------.------------....----...930, 984, 1068, 1079, 1308
--Jackson County; relating to office expenses of Sheriff ----------.._------------931, 984, 1163, 1171
--Braselton, Town of; to decrease city limits --------.....------------._.--931, 984, 1068, 1079, 1308
--Floyd County; court procedure for traffic violations ..._...--.----------__.931, 984, 1068, 1079, 1308
--LaGrange, City of; to provide power of eminent domain and condemnations.----.. ----931, 985, 1069, 1083, 1308
--Judges; civil or municipal courts; shall become members of Employees Retirement System----.-- ......931, 985

INDEX

1483

HB 679 HB 680 HB 681 HB 682 HB 683 HB 684 HB 685 HB 686 HB 687 HB 688 HB 689 HB 690 HB 691 HB 692 HB 693 HB 694 HB 695 HB 696 HB 697
HB 698 HB 699 HB 700 HB 701 HB 702 HB 703

--Fulton County; relating to grants for school children------931, 985 --Fulton County; to limit eligibility for benefits certain
Judges under retirement system.------------..--------.--931, 985 --Atlanta, City of; to provide system of pensions of
paid fire departments _.....------------932, 985, 1069, 1081, 1308 --Pulton County; to increase pension benefits for teachers
and employees of Board of Education.____----_----..----..._ 932, 985 --Atlanta, City of; to provide additional pension benefits
for employees who have served 25 years--------_._--..... 932, 985 --Sales Tax; amend Act relating to coin-operated music
and amusement devices.---- --------___--___------__------932, 985 --Juvenile Courts; repeal Act in certain counties.--...--.------932, 986 --Nelson, City of; to change rate of
tax levy.........-.--..--...----------932, 986, 1068, 1079, 1308 --Cherokee County; to change compensation
certain officials..............------.------. 932, 986, 1068, 1080, 1309 --Holly Springs, City of; to change corporate
limits -..__... ..--.----------------------933, 986, 1068, 1080, 1309 --Canton, City of; to change compensation of
Mayor and Councilmen ......----------.933, 986, 1069, 1086, 1309 --Woodstock, City of; to change procedure of electing
Mayor and Councilmen.......---------- 933, 986, 1068, 1080, 1309 --Judge of Superior Courts Emeritus; to modify
service qualifications----------933, 986, 1162, 1172, 1280, 1283 --Pulton County; to provide for examination of
plumbers and steamfitters.------......933, 986, 1069, 1082, 1309 --Clarke County; to change compensation of Commissioners
of Roads and Revenue------------..933, 986, 1068, 1080, 1309 --Athens, City of; amend Act relating to
City Court-------- ------------------..933, 986, 1068, 1081, 1309
--DeKalb County; repeal Act relating to plats, recording, etc.--..-------------.----.934, 987, 1069, 1081, 1309
--DeKalb County; to acquire property for fire station sites through eminent domain.......--..------934, 987, 1068, 1081, 1309
--Barrow County; to change compensation of members of Commissioners of Roads and Revenue _------._....------------------. 981, 1066, 1069, 1171, 1309
--Suwanee, City of; to provide municipal government and define corporate limits........... 981, 1066, 1068, 1172, 1266, 1273
--Carrollton, City of; to increase number of councilmen............ ....----981, 1067, 1163, 1172, 1310
--Department of Labor; to provide for establishment of Safety Division..........................--------.--------___..... ....1065, 1164
--Fulton County; to provide retirement system for Board of Education..... .......--------.------__------_____1066, 1164
--Motor Fuel Tax Law; amend certain exemptions --______.--.1161, 1200
--Health Boards; to provide for giving of blood tests to students under certain conditions.........______--------_ 1198, 1249

1484

INDEX

HB 704 HB 705
HB 706

--Liquefied Petroleum Gas; sale through meter device .......1198, 1249 --State Treasurer; to provide for membership in
Budget Bureau....._._____..__._.__..__------____.._..___1248 --Traps; prohibit manufacture or possession of certain traps .--.1248

INDEX

1485

Part III

NUMERICAL TABULATION
HOUSE RESOLUTIONS
HR 1 --Notifying Senate that House has convened _.._.-------- ..------_ 29 HR 2 --Notifying Governor that General Assembly has convened--.--29, 32 HR 3 --House Attaches; compensation of.._..--------------------_----.--29 HR 4 --Joint Session; to hear Governor.....-.--------------------------------32 HR 5 --Joint Session; canvass election returns--------------------------30, 33 HR 6 --Adopting Rules of House. ...... ....................--........34 HR 7 --House Rule 125; suspend for one day...--...------.------.-----------104 HR 8 --Cloer, Bob C.; duly elected Representative from Towns County--112 HR 9 --Joint Session; to elect members Highway Board--115, 149, 150, 151 HR 10 --Joint Session; to elect Legislative Counsel.....----115, 149, 151, 152 HR 11 --Joint Session; to hear address of
Honorable B. Combs, Governor of Kentucky------------116, 149 HR 12 --Terry, A. F.; express sympathy for passing of----.-- .------ --.116 HR 13 --Souter, Lester; express sympathy for passing of------------.----117 HR 14 --Clarke County Delegation and University
of Georgia; express appreciation to----------...----------117, 149 HR 15 --Institute of Law and Government; express appreciation to____118, 149 HR 16 --Institute for Legislators; express appreciation to----------118, 149 HR 17 --Institute for Legislators; express appreciation for dinner---119, 149 HR 18-39 --Muscogee County; convey property owned
by State for military purposes....------127, 141, 350, 395, 941 HR 19-39 --Compensate; Clerk of Superior Court of Tattnall
County and City Court of Reidsville.---- 127, 142, 252, 304, 862 HR 20-39 --Mental Health Study Committee; create.--------------------127, 142 HR 21-39 --General Appropriations Act; to provide for annually------..127, 142 HR 22-39 --General Assembly; to provide for 4-year
term for members.----......__.--..----........._.------------ 127, 142, 351 HR 23-39 --Compensate; T. W. Smith __.._......_..........----127, 142, 934, 1014, 1305 HR 24-39 --Compensate; John Broach...... .........--....----128, 142, 934, 1014, 1305 HR 25-39 --Compensate; J. C. Dillard----------.....__..----128, 142, 934, 1014, 1305 HR 26-39 --House of Representatives; amend Rule 212..------------... ...128, 142 HR 27-51 --Compensate; Mrs. Barbara Ann Marshall----------------.....--137, 158 HR 28-51 --Gilmer County; name bridge
Coosawattee River, "Cobb"------._.------137, 158, 351, 397, 862 HR 29-51 --Compensate; Mrs. Jud S. Haren. ..........------_.--------.----...137, 158 HR 30 --Joint Session; to hear address of
Honorable John J. Flynt, Jr.._.____.............--------------142, 202, 519 HR 31 --Committee; create relating to insurance---- _.._...... ......145, 195, 229 HR 32 --Committee; create Criminal Law
Study Committee ................................ 147, 218, 292, 336, 455

1486

INDEX

HR 33 --Georgia Official and Statistical Register; prepare.....__._........ 143, 202

HR 34 --George B. Hamilton; commend..__._...........--------------.___---- 143, 202

HR 35-JR 1--State Highway Board; elect member from

Central Highway District _________.............._.. .----------____------151

HR 36-JR 2--Legislative Counsel; election ..._.--__--___.----.--------....----_..--_.__l52

HR 37 --George Milhollin; congratulate......._______________________________----------------144

HR 38-73 --Compensate; Jack W. Stewart............ ..._.__.._.. 156, 171, 441, 478, 862

HR 39 --University of Georgia; relative to recent actions--.-----......... ----173

HR 40 --University of Georgia; relative to mob

violence on January 10 and 11, 1961 ---...----------------------.______174

HR 41-99 --Camden County; election of members of

Board of Education ______________ ____________________191, 213, 288, 595, 862

HR 42-99 --Compensate; Mrs. Mary L. Scogin_--__------------____----------191, 213

HR 43-99 --Compensate; Sam R. Dunlap..----------------192, 214, 441, 478, 862

HR 44-99 --Compensate; Jack Brookshire____.__--__--_____._------------------.192, 214

HR 45-99 --Compensate; E. R. Merritt..-.-...............-.--.--------....... .........192, 214

HR 46-113 --Richard B. Russell Memorial

Bridge; designate ________________ --------194, 216, 466, 509, 607, 1167

HR 47 --University of Georgia; relative to expelled students ____184, 218, 221

HR 48 --General Assembly; relative to expense allowance of members--_ 185

HR 49 --Committee; create to study election laws--------185, 252, 292, 386

iiR 50 --Committee; create to study Petroleum Industry--------___..__--------187

HR 51 --Kimmons, William H.; wish speedy recovery.___----_________---------- .188

HR 52 --Chattanooga Inspection Trip, to inspect State property..--.--188, 219

HR 53 --Joint Session; to hear Governor------------------------.............--188, 219

HR 54 --Rules Committee of the United States

House of Representatives; oppose any

change in membership--,,----..____.___.__.,,___------------.189, 317, 336

HR 55-142--Compensate; Hubert Kidd----_--------------.211, 249, 589, 808, 1075

HR 56-142--Compensate; Noah A. Powers--____________________211, 250, 768, 971, 1203

HR 57-151--Barrow County; library books furnished

by State

._----------....241, 282, 351, 352, 498

HR 58-151--Compensate; Roland Bowman...--------------------_____..-- 241, 282

HR 59-151--University System of Georgia; convey

land to Tift County------------------------------241, 282, 352, 397

HR 60-151--Ad Valorem Tax; deduct raw materials----------....241, 282, 495, 608

HR 61-151--City of Donalsonville; State Highway

Department move utilities...----............242, 282, 466, 913, 1169

HR 62 --University of Georgia; allow freedom

of speech to students ..._._------_...----------......... 227, 317, 365

HR 63 --Committee; to study cost of care of

patients in State Institutions.------.--------------..--......_.._._..228

HR 64 --Committee; to study Merit System of

Personnel Administration ________________________ ----__--------......_.___ --228

HR 65-171--Governor; to allow to succeed themselves in office............--.--..----------------245, 285, 385, 632

HR 66-171--Compensate; Fish Howard------------_...----.245, 285, 589, 810, 1075

HR 67-171--Compensate; Walker McCade.------.....------__________________._245, 285

HR 68-171--Athens-Clarke County; beverage control board--..245, 285, 351, 599

INDEX

1487

HR 69-174--Education; freedom of association ________________246, 286, 287, 333, 443 HR 70 --Civil War Centennial; relative to..........___--------__________.______..._.259, 322

HR 71-189--Compensate; Alton V. White, Jr. _________________________________________ 281, 319 HR 72 --Mansion Sites Commission; extend time-----------.-----------. 290, 322

HR 73 HR 74

--Stone Mountain Scenic Railroad Day; January 24, 1961 be commemorated------_----------------290, 322
--Roughton, Frank M.; requesting screen test..----------------291, 386

HR 75 --School Bus Drivers; relative to------._--._----_----------.----_----.293 HR 76-226--Compensate; James McBride_.------------___...314, 347

HR 77-226--Compensate; B. B. Burgess..___------._,,_...---------314, 347 HR 78-226--Rockdale County; enact ordinances----------314, 347, 936, 1088, 1310 HR 79-249--Compensate; Mae Dell Henderson----.--------..----------------341, 383

HR 80-249--Turner County; create Development Authority ----.--_._.------------_._------,, 341, 383, 418, 602, 863
HR 81-249--Compensate; H. L. Hackney.------------------341, 383, 589, 819, 1075

HR 82-249--Emmett R. Culbreth and Myrvin H. Culbreth; designate bridge------.--------342, 383, 466, 510, 863

HR 83-249--Compensate; Mrs. G. R. Harrison _______________ 342, 383, 768, 971, 1203 HR 84 --Southeastern Poultry & Egg Associations; complimenting___ 337, 386 HR 85 --Duncan, John P., Jr.; congratulations.------------------------..337, 386 HR 86-253--Compensate; Seaboard Construction
Company __.._...___. _____________------------342, 384, 589, 821, 1310

HR 87-269--S. Ernest Vandiver; designate bridge.-------------- 378, 413, 466, 511 HR 88-269--Compensate; R. L. Vining ___________....___......_.----___......__._______ __.__378, 413

HR 89-269--Compensate Mrs. May Lee ________ _...____..______._378, 413, 589, 812, 1075

HR 90-269--Cobb Judicial Circuit; certain law books furnished ________________..............______________378, 413, 468, 477, 719

HR 91-269--Compensate; Pairlon B. Bennett ------------378, 413, 589, 814, 1075 HR 92-269--Compensate; Georgia Petroleum
Company ______________________________________________ __379, 413, 768, 971, 1203

HR 93-269--Compensate; Mrs. Frances S. Ivey____...._...__.___379, 414, 589, 816, 1075

HR 94-269--Compensate; Ernest Paul Rundles..------ ........ _____________________ 379, 414 HR 95-269--Compensate; Joseph Paul Larman..--._--------379, 414, 589, 817, 1075 HR 96 --Mrs. W. L. Barber; express sympathy for passing of------------368

HR 97 HR 98

--Joint Session; to attend concert of v Atlanta Symphony Orchestra ____________________________________ ......368, 419
--Cocke, Steve; express appreciation to_-__--_-_------------______________368

HR 99 --Dr. Thomas B. Janes; to honor memory..................__369, 655, 757, 942 HR 100 --Code of Georgia; relative to .-.-----_________._______.......... 370, 467, 512

HR 101 HR 102
HR 103

--Joint Committee; create to study water pollution.._.._._____----------370 --Abraham Baldwin Agricultural College;
extend to 4-year institution____.___..._..._..__--------371, 591, 888, 942 --General Assembly; provide chairs for____________________________..--------371, 758

HR 104 --School Buses; transportation for children living within 1% miles.------------------------ ......--------._.372

HR 105 --Ordinaries' Retirement Fund; investigation committee-_______..__--.373

HR 106 --Illegitimate Children; welfare benefits............--373, 839, 1053, 1304

HR 107-283--Walker County; convey certain property _____ 381, 415, 657, 910, 1169

HR 108-291--Commissioners for Department of Commerce; create ......... __407, 436

1488

INDEX

HB 109-291--Georgia Historical Commission; construct Museum in Muscogee County.---.... 407, 436, 1162, 1185, 1310
HR 110-291--Compensate; Wanda Jones------ ------------------------_____407, 436 HR 111-297--General Appropriation Act; provide
for annual preparation----,--,,,,.,,,,-,___.---------408, 437, 441

HR 112-316--Harrison County; sale by State of certain land--.--.-----411, 440 HR 113-333--School Funds; may invest certain bonds, etc.............----459, 489, 656 HR 114-333--School Funds; cannot be prohibited to
invest in certain bonds..------.------------ --------..459, 489, 656 HR 115 --Lowe, Jerre W.; express sympathy for passing of------....--....----451 HR 116 --Teachers' Salaries; provide for increase.--._--..--_._........._...--.........451 HR 117 --Lackey, Lynda Joy, National Maid of
Cotton; extend invitation to.----------------------..------452, 539 HR 118 --Ed Hiles, Georgia Savings Loan League;
express appreciation to------------------------......--....452, 539 HR 119 --Committee; to study Crooked River State Park------------...------452 HR 120 --Glenn S. Phillips, Jr.; express sympathy for passing of----------453 HR 121 --Committee; to study laws, illegitimacy, bastardy.---.--------..----454 HR 122 --Martin Luther King, Jr.; condemning actions----- . ..............----454 HR 123-348--Eastern Judicial Circuit; certain law
books furnished ------------------.. ---- 462, 491, 540, 542, 895 HR 124-348--Compensate; E. A. Lunceford.----.----------_...._------------462, 491 HR 125-348--Compensate; Mrs. J. C. Tucker....----..---------------------.462, 491 HR 126 --Mayors and Municipal Officials; tribute to...........----..--------.472, 564 HR 127-383--Wallace Pryor; relieve surety .......................486, 535, 768, 1192, 1304 HR 128-383--Fort McAllister; restore--------------------487, 535, 768, 925, 1167 HR 129-383--Compensate; Reverend E. K. Rice--------------------------487, 535 HR 130-383--Bibb County; business licenses outside
incorporated limits --------------------487, 535, 590, 1090, 1304 HR 131 --Dr. Edwin D. Harrison, President,
Georgia Institute of Technology; express appreciation to------------------------ ..................472, 564 HR 132 --Rule 39; amend----------------.....--.----------.--.------...----------514 HR 133 --Committee; to study juvenile delinquency--------.............._._----. 515 HR 134 --Kings Bay Terminal Channel; relative to....----.515, 937, 1057, 1304

HR 135 --HB 90, Appropriations Bill; calling for action....----------

516

HR 136 --Committee; further studies on Education...--..................517, 773, 885

HR 137 --Veterans; memorializing Congress to extend education benefits------------ -517, 541, 555, 660

HR 138 --State Highway Department; raise minimum wage of crews.------.-- ....------ 518, 1199, 1229, 1311

HR 139-408--Peace Officers Annuity and Benefit Fund; soundness--------531, 586

HR 140-408--Compensate; George C. Brown .._...--------531, 586, 1067, 1186, 1305

HR 141-408--Compensate; Jay Roberts.--------------------532, 586, 768, 972, 1203

HR 142-408--Cook County; convey certain land.....------532, 587, 657, 823, 1167

HR 143 --Committee; to study matters relating to insurance--- --513, 565

HR 144-415--State Game and Fish Commission; regu lations relative to boating safety.... ... 568, 642, 837, 1274, 1305

INDEX

1489

HR 145 --General Assembly; commission to study reapportionment ------------------------------556, 654, 658, 1036
HR 146 --Lynda Joy Lackey, National Maid of Cotton; relative to.----....--...557 HR 147 --Adjournment; to study Appropriation Bill--..... .......... 558, 560, 565 HR 148-447--Albany, City of; relative to Cleve Cox
Landing .....-----------------------......573, 645, 773, 798, 1168 HR 149-447--Compensate; S. Curtis Harper..........----...... 573, 646, 768, 972, 1203 HR 150-447--Compensate; J. W. Logging.---- . __........----______....._......----.. ...573, 646 HR 151-447--Compensate; Ralph R. Callenback......_----._...----.-.....---- ..573, 646 HR 152 --Judicial Official; grant continuances_.._. ------ ...------,,_____----........_ .558 HR 153 --Appropriations Committee; provide for
committees and attaches during interim------.....----.-.--.559 HR 154 --Attaches of House of Representatives; relative to.------.-----..----559 HR 155 --Atlanta Symphony Orchestra; relative to sypmhony........ .---- ....559 HR 156 --Committee; to study industry--------..------.------------.----.-..560 HR 157 --University System of Georgia Committeee .... - ------561, 773, 886 HR 158 --Committee; create to study highways.........------..... ---562, 937, 947 HR 159 --John J. Flynt, Jr.; express appreciation to..----.....--------562, 660 HR 160 --Georgia Municipal Association; express appreciation to .----563, 660 HR 161 --Mayor William B. Hartsfield; express appreciation to.-- -- --563, 660 HR 162-453--Crisp County; issue revenue bonds ........ - 574, 646, 773, 1094, 1311 HR 163-455--Compensate; Mrs. Barbara Sams Boylen......------ --....__. - ..575, 647 HR 164-460--Jefferson Davis State Park; create Legal
Council to advise with Department of State Parks --576, 648 HR 165-463--Committee; create to study matters
relating to insurance.---------------------------------- 576, 648 HR 166-453--Committee; to study election laws..--------.....577, 648, 838, 924, 1203 HR 167-511--Clarke County; convey property.---- . ---- ..583, 654, 770, 875, 1075 HR 168-511--U. S. Highway No. 29; designate portion
as "McMullan Boulevard" ............------.583, 654, 769, 914, 1168 HR 169-511--Northern Judicial Circuit; furnish
certain law books......----------......__------.583, 654, 773, 798, 1170 HR 170-511--Hart County; Superior Court furnished
certain law books.----------------------584, 654, 773, 799, 1170 HR 171-511--Committee; to study establishment of industries.--........584, 654, 654 HR 172-511--Baker County; election of members of
Board of Education _..___...........----_._..--584, 654, 773, 1097, 1311 HR 173-538--Compensate; Sherman C. Burgess.----------640, 712, 768, 972, 1204 HR 174-538--Compensate; Ben Howard, Jr...------.................____...................640, 712 HR 175-538--Compensate; H. S. Mahan, Jr...........----------...--------_.......... 640, 712
HR 176-538--Liberty County; convey certain property ...................-----------------.641, 712, 1070, 1121, 1263
HR 177-538--State Highway Department; provide exchange of certain property of Mr. Wheatley in Sumter County.------------641, 712, 838, 910, 1170
HR 178-541--Gwinnett Judicial Circuit; furnish certain law books ----..........--...............641, 712, 836, 859, 1166
HR 179-541--Gwinnett County; furnish Superior Court certain law books.--------------641, 712, 836, 859, 1075

1490

INDEX

HR 180-571--Gilmer County; furnish certain law books--707, 779, 836, 860, 1075 HR 181-571--Compensate; A. L. Dixon, Jr.-------------------------- ----707, 779 HR 182-571--Bridge; over St. Marys River on
U. S. Highway No. 17----.--------------------... ........... 707, 779 HR 183-571--Compensate; P. Ford Millikan.--------------.-----.. ... 707, 779 HR 184-571--City of Atlanta and Fulton County Courts;
provide commission to study.___.___...__.._...707, 779, 836, 860, 1166 HR 185-574--Rabun County; designate Paul A. Green
Bridge ........_.___._._...___........_._.--.....------...708, 779, 836, 860, 1168 HR 186-577--Compensate; V. H. Puckett ______-.-...--------------708, 780, 934, 1305 HR 187-599--License Plates; metal strip in lieu of
complete new license plate...--....-,,---------.--.---. ---764, 841, 984 HR 188-599--Compensate; Miss Effie Eu. Carroll...............__...__--........... .-764, 841

HR 189-599--Compensate; Employees Casualty Insurance Company- .764, 841 HR 190-599--Compensate; Sav-A-Stop, Inc. _..._..._.......----... ........... ...... ..... 764, 841 HR 191-599--Compensate; Slash Pine Electric
Membership Corporation ............ ...--764, 841, 934, 1034, 1305 HR 192-599--Compensate; James and Vierra Wood-- --------.... ......... - -764, 842 HR 193 --House Resolution No. 3; amend--................_.........._._--....___.._......__._ 748 HR 194 --Interim Committee; to study Uniform Traffic Code .. 748, 893, 1058

HR 195
HR 196 HR 197 HR 198
HR 199 HR 200

--Self Insurance; request Governor to implement sound program . ..-------__------.----------------.----.749
--Dean Rusk; congratulate.----.............__....__......_.__......749, 773, 887, 942 --Committee; to study Black Shank Disease-- ........750, 1199, 1225 --Committee; to study problems relating
to uninsured motorists.-----...-...--..-----..-----..----751, 893, 1059 --Committee; to study forestry soil conservation.------752, 1199, 1225 --Legal Counsel; to study legislative sessions --------......752, 893, 1057

HR 201 --Hotels, Motels; request to reduce rates on Saturday and Sunday.----.--- ..------.......____ --753, 935, 1062
HR 202 --Tariff Rates; request Congress to study----..--753, 1069, 1230, 1305 HR 203 --Hershel Farmer; congratulate .----------------..------.------.....--754 HR 204 --Prince H. Preston; express sympathy for passing of.... ----.755, 942 HR 205 --Robert Persons, Sr.; commend--------.--....----.........----.----.......--755 HR 206 --J. Cliff Hughes; express sympathy for passing of--................-..----756 HR 207 --Sam Matthews; express sympathy for passing of------.....----.....757 HR 208 --Appropriations Committee; express appreciation to--.....--------757 HR 209-614--Compensate; Emory E. Griffin.--------------------. ----,----767, 843 HR 210-614--Committee; create to study Uniform
Commercial Code ----------.------...--767, 843, 1199, 1225, 1305 HR 211-642--Committee; to study finances-.-------------------------.---- . .831, 902 HR 212-642--Compensate; Hall and Sons Milling Company.....----........_.. -831, 902

HR 213-642--Mountain Judicial Circuit; furnish certain law books.............._.......... ------832, 902, 983, 1003, 1262

HR 214-642--Georgia Commission on State Sovereignty and Independence; establish----------------832, 902, 935, 1182

HR 215-642--White House at Augusta; restore-...----- 832, 903, 938, 1186, 1305

HR 216-642--Committee; relative to establishment of Georgia Police Academy--......------_--------__..---- 832, 903

INDEX

1491

HR 217 --Committee; to study matters relating to State hunting and fishing licenses---.._..----...---878, 1199, 1226
HR 218 --Federal Government; urge to relinquish tax sources------.--------878 HR 219 --Natural Resources Committee; create
sub-committee .----.....__--------------------------879, 1199, 1226 HR 220 --Buckhead Red Devils; commend ...--.-------..............880, 1199, 1231 HR 221 --Boisfeuillet Jones; congratulate----.--------.-- 881, 1199, 1231, 1305 HR 222 --Postmaster General; urge to establish
Capitol Hill Branch Post Office-------881, 1199, 1232, 1306 HR 223 --House Agricultural Committee; create
sub-committee --...----......----._.._._....._--------__..----..882, 984, 1063 HR 224 --Committee; to study abandonment,
illegitimacy laws __------.__. ....__....------..--....----..883, 1199, 1226 HR 225 --Attorney General; study admission
requirements for public schools--..------.-.883, 984, 1129, 1304 HR 226 --Committee; study Congressional Districts,
population basis --.....__.___..........__----....___.........__..........--.884, 1248 HR 227 --Committee; inspect rural roads.... __..._._..----._..__...-- 885, 1199, 1227 HR 228 --Downing Musgrove; commend ........_------_--...-------------.887, 942 HR 229-668--Compensate; Lester B. Fallin.--._....--.....----..._,----.......----.898, 946 HR 230-668--Gainesville and Hall County Develop
ment Authority; create----.---------.898, 946, 983, 1101, 1311 HR 231-668--Lincoln County; furnish certain
law books --..--.....--.....----.----.....-899, 946, 983, 1003, 1262 HR 232-668--Habersham County; election of members
of Board of Education ._.....--..,.__.--......_.--.....899, 947, 983, 1104 HR 233-668--A. E. Strother Bridge; designate----..------.------------------899, 947 HR 234-694--Taylor County; convey property----------933, 987, 1070, 1179, 1304 HR 235-694--Committee; relative to construction of
new Governor's mansion __----._----------934, 1199, 1227, 1306 HR 236-694--Macon Judicial Circuit; furnish certain
law books ------__----...___---- .--------.------934, 987, 1068, 1088, 1304 HR 237-697--Compensate; Gabriel L. Strickland...------....----.....-------- --981, 1066 HR 238-697--Compensate; A. W. Ledford.......----.....----....----....._----.--981, 1066 HR 239-700--Compensate; Virgil Coker Tire Company...--__........._...__......1065, 1164 HR 240-701--Committee; public health laws revision.--------..----------....1066, 1164 HR 241 --Committee; to study laws relating to disbaring of attorneys.........1053 HR 242 --Atlanta Farmers' Market; relating to erection sign._..__._.. .----1054 HR 243 --Telephone Ladies; commend----.--_--..--____....._----....__--.........1055 HR 244 --Personnel and Committees; relative to_--._..----...----....----..... -- 1055 HR 245 --Alexander Harry Wray; plaque in memory of .----------1056, 1263 HR 246 --Committee; fire insurance rating procedure .--------1043, 1248, 1292 HR 247 --School athletic events; proper supervision.----_....--............----_ 1044 HR 248 --Committee; unemployment situation in Georgia....----....----.----1045
HR 249 --Committee; methods of financing additional services ------------------..--------------1045, 1199, 1227
HR 250 --Committee; economic effect hard surface roads.-- .....----..----1046
HR 251 --Committee; to study farmers' market.-.--------------..------.---- .1047
HR 252 --Committee; to study health and hygiene--..------1047, 1199, 1233

1492

INDEX

HR 253 --Unemployment; full consideration and cooperation given by State of Georgia.-.----..,..1048, 1200, 1234
HR 254 --Committee; State Institutions and Property to study property--..----------------------------1049, 1199, 1228
HR 255 --Committee; study billboard advertisements....--------1049, 1199, 1228 HR 256 --Committee; to evaluate future needs at Gracewood.--------.-----.1050 HR 257 --Board of Regents; request to adopt certain policies.-- ...... .... 1051 HR 258 --Committee; relative to revision of jury lists in Long County--.1051 HR 259 --Committee; implementation changes Motor
Vehicle Certificate Title Act-----------1052, 1199, 1235 HR 260-701--Putnam County; election of members of
Board of Education.-.--.-.------------------------ 1066, 1163, 1164 HR 261 --Buckhead Fifty Club; expressing appreciation to _...--..__. 1125, 1204 HR 262 --Legislaughter; appreciation for--------------------------.1126, 1204 HR 263 --A.C.I. Railroad and Seaboard Air Line
Railway; opposing merger of ..--_--...._........ __..... 1126, 1177 HR 264 --Georgia Products; relative to.----.-_----------------.--.1127, 1204 HR 265 --Committee; Defense and Veterans Affairs.----------._._. .... ....1128 HR 266 --Committee; to study implementation of possible
changes Motor Vehicle Certificate Title Act--------. .......... 1128 HR 267 --William Burton Steis; congratulate........----.-------------------...1170 HR 268 --Appropriate Dress; in house chamber------......----_-------------- 1171 HR 269 --Compensate; members of General Assembly.------------------..__.1196 HR 270-704--Compensate; Watkins C. White--.----------_----------...1198, 1249 HR 271 --Lighthouse at St. Simons Island; urging
Federal Government to maintain------..........----... ...---- ..1235 HR 272 --County Property Re-evaluation; relative to
funds for program.--....----.-._----..------------------.1236 HR 273 --Alien Bryant; commend...----...--------------,,.--------------...1236 HR 274 --Roger Kaiser; commend------------------------------------.. 1237, 1306 HR 275 --Dr. William H. Row; regret illness of..------..----..------------.. .1238 HR 276 --Committee; to study matters relating to
insurance, extend time . __----__------------------------..__ 1239 HR 277 --Wilby-Kincey Theatres and Mr. Willis J. Davis;
express appreciation to-------.--------------------------------- .1240 HR 278 --Citizens & Southern National Bank; commend------------.----..--.1240 HR 279 --Ed Perry and Albert Parker; express appreciation to.--..------1240 HR 280 --Eugene Anderson; express sympathy for passing of----.1241, 1306 HR 281 --Motor Vehicles; relative to ad valorem tax.--------.1242, 1248, 1290 HR 282 --Committee; to study circumstances causing
damage to State Highway Building ....----------------...---1242 HR 283 --Comittee; to study finances--------------...----------------..----..1243 HR 284 --Committee; to study matters pertaining to school busses------1244 HR 285 --Committee; to study conveying tract in Harris County...----.....1244
HR 286-704--Compensate; Albert G. Alien....------------,_--.--.--......1198, 1249
HR 287-704--Compensate; Fred Dial-.-..--------------------------.----..1198, 1249
HR 288-704--Elected Officials; compensation not change during office tenure..----.------------- .---- ._.__..... ----....__.----..1248
HR 289 --Sine Die 3 P. M----.----------..------.------------.-....--....._.. 1265, 1311

INDEX

1493

HR 290 HR 291 HR 292
HR 293 HR 294 HR 295
HR 296 HR 297 HR 298 HR 299 HR 300 HR 301
HR 302 HR 303 HR 304 HR 305 HR 306 HR 307

--Jack B. Ray; commend----------------------------__----__----1283 --Public Education; endorse increased Federal support----1285, 1288 --Board of Control; State Training Schools;
urge to exercise authority--------------------------1291, 1311 --Board of Regents; relative to adoption of resolution .........1293, 1294 --Dr. Irving S. Ingram; commend----------------------------------1295 --Bridge; between St. Marys & Pernandina,
relative to construction of------------------._.--__..----1296, 1311 --Commission; to study reapportionment--------------------------1296 --H. T. Monk, Jr.; wish for speedy recovery---------------------1297 --Chattahoochee River; relative to recent flood------------------1297 --Masters Golf Tournament; relating to....------------------------1298 --Leon F. Hobby; express sympathy for passing of.------------1299
--James E. Powers; endorsing for American Legion National Commander ---------------------------------- 1300
--Ernest W. Strickland; express appreciation to.------------------1300 --W. S. Stuckey; express appreciation to--...__--------------------1301 --Office of Legislative Counsel; express appreciation to.------.----1301 --Ben W. Fortson, Jr.-Joe Burton; express appreciation to...-- ....1302 --George B. Hamilton-H. Hixon; express appreciation to.--.........--1302 --1961 G-Day Game; relating to ------------.......--------------------..1303

1494

INDEX

Part IV
NUMERICAL TABULATION

SENATE BILLS IN HOUSE
SB 1 --State Highway Board; execute and perform lease contracts under certain Authority Acts _,,._.. -----------------150, 153, 160, 160, 171
SB 2 --Chatham County--Savannah, City of; issue revenue certificates _..._...... . ........ 203, 203, 216, 351, 354
SB 3 --Secretary of State; compensation.....__..........322, 324, 348, 714, 1188 SB 4 --State Officials; remove Secretary of
State from provisions of limiting and restricting salaries, etc...........--.... 322, 324, 348, 714, 1188 SB 5 --Georgia Historical Commission; com pensation of Secretary._......__........__.___.__......._.. 323, 324, 349, 1248 SB 6 --Supreme Court Judges; method of computing retirement ..._._.._._.____.......203, 203, 216, 316, 356, 470 SB 7 --Justices of Supreme Court--Judges of the Court of Appeals; change compensation---- 203, 203, 216, 250 SB 10 --State Officials; relating to salaries, allowances, etc. .....----_..__------____ 288, 289, 319, 982, 1192, 1271 SB 11 --State Treasurer; change compensation ---288, 289, 319, 714, 1180 SB 12 --Fireworks; relating to sale, transport, etc. .......................252, 254, 278, 286, 350, 1279, 1280 SB 13 --Bank Directors; relating to qualifications..-.253, 254, 286, 655, 1220 SB 14 --Montezuma; City of; change corporate limits -.-.._...-___.................................--.....253, 255, 287, 418, 426 SB 15 --Gilmer County ...----............................................323, 325, 349, 418, 427 SB 16 --Atlanta Judicial Circuit; office space and secretarial assistance provided Judges Emeritus .............._..._............. 323, 325, 349, 467, 725, 865 SB 17 --Sheriffs; relating to salary scale .... .......__..--............-----498, 499, 536 SB 18 --Savannah, City of; amend Act creating City Court............._......._...............253, 255, 287, 351, 354 SB 19 --Motor Fuel Tax Law; exempt certain items from tax to constitutionally created public authorities...------322, 325, 349 SB 21 --Voter's Registration; to provide for places of registration, certain counties .---323, 325, 349, 1068, 1113 SB 22 --Voter's Registration; provide for registrars in certain counties-----.-323, 325, 349, 1068, 1114 SB 23 --University System of Georgia; repeal Act regulating admission age of student....720, 737, 774, 780, 1191 SB 24 --Schools; no child shall be forced to attend with other race..----_----_..__........__.288, 289, 320, 769, 1277 SB 25 --Charlton County; reapportion road districts................... -323, 325, 349

INDEX

1495

SB 26 SB 27 SB 28 SB 29
SB 31 SB 32 SB 33 SB 34 SB 35 SB 36
SB 38 SB 39 SB 40 SB 41 SB 42 SB 43 SB 45 SB 46 SB 47 SB 48 SB 49 SB 50 SB 51
SB 52 SB 53
SB 54
SB 55 SB 56

--Charlton County; change compensation of Sheriff---..323, 326, 349 --Pleadings; to remove certain provisions
relating to waiver of objections----------------470, 473, 493 --Estates; amount invested in common
trust funds ..-----.----.---------------418, 419, 440, 467, 1191 --Executors, Administrators; to provide
corporate fiduciary may retain property owned by the estate--- ..--418, 420, 440, 467, 1192 --Securities, Registration of; Corporate fiduciary ______..__----------_____.._-._----._ ..--471, 473, 493, 935, 1192 --Medical Assistance for the Aged Act; create _----___..__---- .------------------366, 367, 384, 769, 1193 --Department of Public Welfare; authorize to match grant-in-aid funds----------390, 391, 417, 774, 1194 --State Employees Retirement System; survivor benefits --------------------..539, 541, 587, 938, 1276 --Augusta Judicial Circuit; change number of Judges------------------389, 390, 416, 541, 964, 1077 --Estates; separate estate of wife, to strike provisions prohibiting from binding estate by contract------.....-----------..-418, 420, 440, 467 --Vocational Rehabilitation; director administer Social Security Act--..........-390, 392, 417, 715, 1284 --Capitol Building; use of space---- ...-------539, 541, 587, 657, 1221 --Hazlehurst, City of; new charter--------------389, 391, 416, 467, 477 --Corporation Laws; amend--------....--------------498, 499, 536, 771 --Atlanta, City of; pension benefits for members of Fire Department----..------389, 391, 416, 936, 953 --Atlanta, City of; pension benefits for members of Police Department--------389, 391, 416, 936, 953 --Hapeville, City of; provide assistant City Recorder ------....------..------------389, 391, 416, 936, 954 --Hapeville, City of; extend city limits-----------...----389, 391, 416 --Hapeville, City of; time of elections.-------.389, 391, 416, 936, 954 --Education; grants of local and state funds--implement Constitution ............-366, 367, 384, 385, 428 --State Board of Education; to redefine school systems from which appeals may be taken .-- 367, 384, 385, 430 --Teachers' Salaries; increase------------------.--------588, 591, 654 --State Department of Law; to provide for the compensation of Attorney General --------------.---1077, 1116, 1163, 1165, 1281, 1284 --Old Age Assistance Act; define "Assistance"-- 499, 500, 537, 894
--Juvenile Courts; Clerk of Superior Court act as Clerk in certain counties-------------- -419, 420, 440, 714
--Randolph County; to provide for election of Commissioner of Roads and Revenues--390, 391, 416, 467, 477
--Garnishment; clarify procedure ---------...----471, 473, 493, 1070
--Interrogatories; discovery and disposition of...........499, 500, 537, 771

1496

INDEX

SB 57 SB 58 SB 59 SB 60 SB 63 SB 64 SB 66 SB 67 SB 68 SB 70
SB 71 SB 73 SB 74 SB 75 SB 76 SB 77
SB 78 SB 79 SB 80 SB 81 SB 82
SB 84 SB 85
SB 86
SB 87
SB 88 SB 89
SB 90

--Pleadings; to provide for extension of time for filing--_---_----------------------471, 473, 493, 771
--Ordinaries; when business may be transacted,._471, 473, 493, 1050 --Judgments by Default; to redefine certain situations... 499, 500, 537 --Attachment Cases; shall be returnable
in certain cases --_.--.--.--_------..------..----471, 473, 493, 774 --Property Tax; provide for payment..... 721, 738, 780, 826, 834, 1259 --Adoption Laws; rights between natural
and adopting parents--------------.----471, 474, 493, 714, 1274 --Fulton County; filing of vacancies
by Tax Commissioner...------------ ----........------. 444, 445, 465 --Charlton County; salary of Sheriff.-.. .----------------.....444, 445, 465 --Roswell, City of; change corporation
limits --_..__..---------....----..._...-------444, 445, 465, 1068, 1114 --Certiorari Proceedings; relating to time
proceedings must be instituted and return day------.......----.--------------..498, 500, 537, 770, 1275 --Whitfield County; relating to employ ment of certain persons---------------- 444, 445, 465, 590, 730 --Minority; removal of disabilities.----------------__._ ...--895, 906, 947 --Osteopathy; procedure of Doctor when on hospital staff.------------------.-..--499, 500, 537, 935, 1295 --Atlanta, City of; relating to pensions for members of Police Department .... 444, 445, 466, 1068, 1114 --Doctors; displaying of license.--.----------------499, 500, 537, 935 --Juvenile Court Act; to provide Judge of Superior Court shall sit as Juvenile Court Judge, certain counties.----.--------588, 591, 654, 773, 799 --Georgia Milk Commission; relating to sale of milk to school institutions-.------------ --720, 738, 781 --Fulton County Civil Service Board; amend....471, 474, 493, 657, 730 --Presidential electors; repeal act relating to --------...--588, 591, 654 --Absentee Voting; amend provision relating to time of qualification----.----------588, 591, 655, 838 --Primary Elections; to provide for designation of names of Presidential and VicePresidential candidates on ballot.------------....----588, 592, 655 --Justice of Peace; relating to election--------------662, 738, 781, 938 --Constitutional Amendments; to provide for publication .._.-------------------------------------.663, 738, 781
--Georgia Real Estate Investment Board; to prescribe conditions under which application fees refunded----.------.----------539, 541, 588, 770
--Carroll County; salary of Tax Commissioner _--------------... -- .498, 500, 537, 773, 799
--East Point, City of; amend Charter............ .663, 738, 781, 936, 954
--Adoption Cases; final hearings when parties unknown -------------------.-----------.895, 906, 937, 948
--County Police; limit certain powers --------589, 592, 655, 774, 1295

INDEX

1497

SB 91 SB 92 SB 93 SB 95 SB 96 SB 97 SB 98 SB 99
SB 100 SB 101 SB 102 SB 103
SB 104 SB 105 SB 107 SB 108 SB 109 SB 111 SB 113 SB 114 SB 115
SB 116 SB 117
SB 118 SB 119

--Ware County; create office of Tax Commissioner .. ____. 663, 738, 781 --Professional Service, Association;
define ........................__.__...__....721, 739, 781, 838, 1194, 1218, 1267 --State Senatorial Districts; to provide for
qualifying with the Secretary of State ... ...... .......784, 804, 844 --Interment; relating to jewelry ...__._...._..__.............. ........720, 739, 781 --Whitfield County; contribution to
Cherokee Judicial Circuit.................. ......... 663, 739, 781, 936, 954 --Ware County-Waycross; to change
salary of certain officials .663, 739, 781, 983, 1008, 1190, 1220 --Ware County; to change salary of Tax
Collector and Tax Receiver.......................................663, 739, 782 --Industry; to promote growth by limiting
restrictions as to interest rate in borrowing money ___..,,.......-_... ...............865, 867, 906, 1200, 1266 --Firemen; to provide for source of revenue for pensions ............................ 784, 805, 844, 938, 1220 --Decatur, City of; to provide for assessment of property .............................663, 739, 782, 936, 955 --Lumpkin County; create office of Tax Commissioner ....--.__.____....__........,,..... 662, 740, 782, 936, 955 --Lumpkin County; allow expense allowance for Commissioner of Roads and Revenue ..........._._.___..................662, 740, 782, 936, 955 --Advertising; to regulate........................589, 592, 655, 773, 1193, 1264 --Ware County; to create a Board of Commissioners of Roads and Revenues ............_..__.662, 740, 782 --Fulton County; invest bonds of Board of Education ........._____._.._..___..__.................. 721, 740, 782, 936, 955 --Fulton County; relating to Board of Education condemnation procedure... .720, 740, 782, 1199, 1217 --Fulton County; relating to Merit System ..._..____.._______.__._720, 740, 782 --Folkston, City of; to incorporate limits._..._..721, 741, 782, 983, 1007 --Savannah, City of; amend charter relating to Mayor and Aldermen........................... .._......___.........721, 741, 782 --County-owned Property; sale of-.--_~_._-.895, 906, 948, 1069, 1266 --State Department of Public Welfare; to establish divisions of State training schools ................. __.___.-__-____.--..__-..._... -784, 805, 845, 938, 1277
--Aid to the Blind Act; to increase eligibility income deductions .......785, 805, 845, 938, 1219, 1264
--Hospital Care Council and Hospital Advisory Committee; to increase membership ..__.._........._._._.__............_..__......785, 805, 845? 935, 1276
--The County Official Public Responsibility Act; to provide short title and certain definitions 1076, 1116, 1165
--Non-Profit Cooperative Associations; to change eligibility for member ship requirements ........_..__.._.._._.... 895, 906, 935, 948, 1294, 1295

1498

INDEX

SB 120 SB 124 SB 125
SB 126
SB 127
SB 129
SB 131 SB 132 SB 133 SB 135 SB 136 SB 137
SB 138 SB 141 SB 142
SB 143 SB 144
SB 145 SB 146 SB 147
SB 149
SB 150

--Charlton County; name County depository--_._.._... .... ...864, 866, 905

--Property; to provide for private sale, transfer

etc. of unserviceable county property---.--.--895, 907, 948, 1163

--Clarkston, City of; to provide Mayor and

Councilmen may succeed themselves

in office ....._.---- ............ 864, 866, 905, 1069, 1172

--Douglas County; to place Coroner on

salary in lieu of fee system, employ

clerical help _--------____._____----_------.____..864, 866, 905, 1069, 1173

--County Board of Education; fix

compensation of chairman and

members, certain counties--------------864, 866, 905, 1069, 1173

--Fulton County; provide for election of

members of Commissioners of

Roads and Revenue

.... .

.. 864, 866, 905

--Airport Authority; create in certain

counties _..._......._----_----------_.._____------.785, 805, 845, 936, 956

--Pistol, Revolver; purchaser must provide

certificate of residence--------.....------...896, 907, 948, 1175

--Savannah, City of-Chatham County;

relating to teachers' pensions--864, 866, 905, 1199, 1205, 1264

--Trusts, charitable; action of Attorney General ...896, 907, 948, 1162

--Randolph County; change compensation of sheriff .......865, 867, 905

--Tallapoosa Judicial Circuit; relating to

expenses of Assistant Solicitor

General ----.____------________________----------865, 867, 906, 1069, 1249

--Atlanta, City of; new charter------.....--_.865, 867, 906, 1068, 1114

--Schools; provide for compulsory school

attendance ............----------.--____._--_------------... .896, 907, 948

--Schools; to repeal Act providing for

compulsory school attendance

between ages of 7 and 16----..------....................._.._... 896, 907, 949

--Atlanta, City of; ------------------..................943, 956, 987, 1163, 1218

--Fulton County; create emeritus offices

for retired heads of departments of

public school system------------......-.--943, 956, 987, 1163, 1217

--Paulding County; create Paulding County Water Authority------..----..-. 943, 956, 987, 1069, 1173

--Colquitt County; create Small Claims Court----------..........................943, 957, 988, 1068, 1115

--Peace Officer's Annuity and Benefit Fund; to change provision relating to sums remitted to fund.____...................._._------____..._............944, 1008, 1067

--Twiggs County; compensation of Commis sioner and Clerk of Board of Com missioners of Roads and Revenue --..943, 957, 988, 1069, 1173

--Atlanta, City of; to create position of chief law clerk in the Department of Municipal Courts ------------_ -------943, 957, 988, 1069, 1173

INDEX

1499

SB 151
SB 152
SB 153
SB 156 SB 157 SB 158 SB 159 SB 160 SB 161 SB 162
SB 163 SB 164

--Bar Examinations; to strike provisions providing that not less than 2 examinations shall be held each year. ..... 944, 1008, 1067, 1162
--Bonds; to allow for return of bonds after 3 year period under certain circumstances _-..._..___..........__..___._._...__.... ................1174, 1190, 1200
--Workmen's Compensation Board; to provide for appointment of guardians for incompetent claimants-------------------- ..........._.._..944, 1008, 1067
--Motor Vehicles; to change basis on which trucks, tractors, etc. are taxed annually----------944, 1008, 1067
--Coroners; to change compensation in certain counties... ......... _.__...........1043, 1115, 1163, 1164, 1217
--Department of Public Safety; to provide compensation for radio technicians..944, 1008, 1067, 1163, 1280
--Jackson County; relating to office expenses of Sheriff---.......-------1043, 1115, 1163, 1165, 1217
--Atlanta, City of; application for pensions of officers and employees--..------1043, 1115, 1165, 1199, 1218
--Fulton County; grants of State and local funds for school children.. --1043, 1115, 1165, 1249, 1250
--Department of Public Safety; to provide that timing devices, radar may be used by State Highway Patrol only........!043, 1115, 1163, 1165, 1280
--Cobb County; to establish sewerage districts ----------------------..------1174, 1189, 1199, 1200, 1250
--Judges of Superior Court; to supplement salary in certain counties--............. 1174, 1190, 1199, 1200, 1250

1500

INDEX

Part V
NUMEEICAL TABULATION

SENATE RESOLUTIONS IN HOUSE

SR 2 SR 4 SR 8 SR 10
SR 11 SR 12 SR 13 SR 16 SR 18
SR 20 SR 21 SR 22 SR 25 SR 26
SR 27 SR 35 SR 36 SR 39 SR 41 SR 44 SR 47 SR 4g

--Notify House that Senate convened.--------...--_--..--....._.......----32 --Joint Session; hear message from Governor--------.... ________ ________._32 --Chatham County; certain tax exemptions
to promote industrial growth ___________ 324, 326, 350, 1070, 1107 --Peace Officers; certain compensation
deemed subsistence allowance; Constitutional Amendment ____ _..__253, 254, 286, 773, 1193, 1269 --Calhoun County; issue revenue anticipation bonds ----__--------.--------324, 326, 350, 468, 592 --East Point, City of; conveyance of property used by State Highway Department __._. 419, 419, 440, 894, 1188 --Vickery, T. E.; relieve as security on bond....471, 473, 492, 768, 1191 --Pages; relating to excused absences from public schools --------...----_. 253, 255, 287, 494, 565, 662 --State Parks Department; investigate feasibility of new State Park in Factory Shoals area...--------------------289, 289, 320, 657, 759 --Committee; to study Peace Officers' Annuity and Benefit Fund.------------324, 326, 350, 1200, 1229 --Gettysburg and Antietam; place monuments___------____..324, 326, 350 --John B. Gordon; relating to statue......------.324, 326, 350, 894, 1060 --Constitution of the United States; propose amendment --------------.--------.367, 367, 384, 658, 1060 --Abraham Baldwin Agricultural College; provide that college be 4 year institution --------.------..--..._......-------- 390, 392, 417, 774, 889 --Gettysburg and Antietam; relating to placing of monuments._------------....___419, 419, 440, 894, 1062 --Mayors and Municipal Officials; tribute to ..._----_..----...._------....--......498, 501, 537, 937, 1061 --Cordele, City of; relative to revenue bonds .785, 804, 844, 936, 1110 --Constitution of the United States; request Congress to propose amendment--......663, 738, 780, 838, 1059 --Preston, Prince H.; express sympathy for passing of._______--..._._----------..----.-.----- 663, 738, 773, 780 --Committee; Senate-House to study Mental Health Study Committee _..--..................865, 865, 904, 937 --Committee; Education Study Commission; create ....._..._.__._._.......----.....................865, 866, 905, 1199, 1292 --Committee; State Reorganization Committee; create ........................... 1165, 1174, 1199, 1200, 1291

INDEX

1501

SR 53
SR 75 SR 86

--Baldwin County; Georgia Forestry Commission transfer land to Georgia Department of Defense.______.__-________..____943, 956, 987, 1070, 1221
--Joint Committee; to study budget and financial administration _.--._--__....----.......__,,--_,,.__1263, 1284
--Sine Die: 5 p.m. ........_____-_._.-_......._..._.......___._._..._-_.._.__...._..1290> 1312