Journal of the House of Representatives of the State of Georgia at the extraordinary session, commenced at Atlanta, Thursday, September 27, 1962 and adjourned October 8, 1962

JOURNAL
OF THE
HOUSE OF REPRESENTATIVES
OF THE
STATE OF GEORGIA
AT
THE EXTRAORDINARY SESSION
Commenced at Atlanta, Thursday, September 27, 1962 and adjourned October 8, 1962
1962 LONGING & PORTER, INC.
HAPEVILLE, GA.

OFFICERS
OP THE
HOUSE OF REPRESENTATIVES
1961-1962
GEORGE L. SMITH II_^______..__________________Speaker
EMANUEL COUNTY
ROBERT L. SCOGGIN--_--------__--------.Speaker Pro Tern.
PLOYD COUNTY
GLENN W. ELLARD_____________________________Clerk
HABERSHAM COUNTY
JANETTE HIRSCH_..._____________._._..._______Aasistant
PULTON COUNTY
JACK GREEN----___----__--_----______----___________Assistant
RABUN COUNTY
AMELIA SMITH....------_____----_.____--_--.______----------Assistant
PULTON COUNTY
HUGH SKELTON ___________----______________Journal Clerk
HART 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 Thursday, September 27, 1962
Pursuant to the call of His Excellency, Governor S. Ernest Vandiver, the House met in extraordinary session this day at 11:00 o'clock, a. m., and was called to order by Honorable George L. Smith, Speaker.
The following prayer was offered by Elder John D. Burden, Swainsboro Primitive Baptist Church, Swainsboro, Georgia.
0 Lord, our God, how great Thou art! Thou art clothed with honor and majesty. Let thy glory appear before all thy people. We humbly bow before Thee and acknowledge our sins. We pray for forgiveness.
Father, we thank thee for our nation and for our great state of Georgia. We honor the memory of our founders. We pray for thy protection. May thy blessings be upon our state. Deliver us from the evil designs which would destroy our godly customs, our unity, and our fellowship.
Heavenly Father, inspire this legislature in this the beginning of this special session to work in harmony to promote the interests of our state and the happiness and welfare of its citizens.
We pray for our governor. Abide with him and give him good health and crown him with wisdom. With special mercies bless those who preside over this legislature--the speaker of the House and Lieu tenant governor in the senate. Be close to them and may they feel thy divine presence. Bless, we pray Thee, the members of this law making body. May they not forget their duties to Thee and to the people they represent.
0 God of love, may happiness be maintained in all our homes and may we be blessed with the leadership of the Holy Spirit.
Grant these favors, Lord, for the sake of thy Son, Jesus Christ, in whose name we humbly pray. Amen.

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JOURNAL OF THE HOUSE,

The following proclamation was read:

A PROCLAMATION BY HIS EXCELLENCY
GOVERNOR S. ERNEST VANDIVER OP
THE STATE OP GEORGIA CONVENING THE GENERAL ASSEMBLY OP GEORGIA IN EXTRAORDINARY SESSION

WHEREAS: On May 25, 1962, in the case entitled Toombs vs. Fortson, et al., a three-judge Gederal Court held and declared that the General Assembly of Georgia as presently constituted "fails to meet Constitutional requirements" in that neither House thereof is apportioned according to population; and

WHEREAS: In a supplemental opinion rendered on September 5, 1962, the Court further held that the General Assembly must be reconstituted so that at least one House thereof will have been reapportioned according to population "coincident with the convening of the General Assembly" in January, 1963, or reapportionment would be effectuated by judicial decree; and

WHEREAS: As pointed out by the Court, such reapportionment may be achieved most feasibly with respect to the State Senate; and

WHEREAS: The people of Georgia, acting by and through their General Assembly, possess the innate capability of resolving their governmental problems without the intervention of the federal judiciary; and

WHEREAS: The consideration of comity arising from the delicate problems of federal-state relations under the federal system demand that this grave issue be resolved by the people's chosen representatives in keeping with the Democratic principles incident to a Republican form of government; and
WHEREAS: Other urgent problems have also arising concerning admini stration under the State Toll Bridge Authority Act which problems require immediate legislative consideration; and
NOW, THEREFORE: Upon consideration of the premises stated, and under and by virtue of the power and authority vested in me by the Constitution of Georgia, Article V, Section I, Paragraph XII, I, S. Ernest Vandiver, Governor of Georgia, do hereby convoke and call a meeting of the General Assembly of Georgia in extraordinary session at 11:00 A.M., Eastern Standard Time, on Thursday, September 27, 1962, for the purposes of considering and enacting laws and proposed constitutional amendments by way of revision, repeal, super session, enactment, amendment or otherwise relating to (1) nomination and election of Senators, the composition and reapportionment of the Senate; the creation, composition, reconstitution and rearrangement of Senatorial Districts; (2) the Constitutional corporate existence, powers and duties of the State Toll Bridge Authority, as created by an Act approved March 2, 1953 (Ga. Laws 1953, Jan. and Feb. Sess., p. 302), all of which are found and concluded by me to be of sufficient importance to demand the necessity of such extraordinary session of the General Assembly.

THURSDAY, SEPTEMBER 27, 1962

7

Given under my hand and the Great Seal of the State of Georgia, at the City of Atlanta, on this 14th day of September, in the year of Our Lord, one thousand nine hundred and sixty-two.

S. ERNEST VANDIVER Governor

BY THE GOVERNOR: BEN W. FORTSON, JR. Secretary of State
(Great Seal)

The following communications were received and read:
SECRETARY OF STATE Ben W. Fortson, Jr. Secretary of State Atlanta 3, Georgia
September 25, 1962
Honorable Geo. L. Smith II Speaker, House of Representatives State Capitol Atlanta, Georgia
Dear Sir:
I hereby certify that the consolidated returns on file in this office of Special Election held on the 24th day of September, 1962, in Paulding County, Georgia, for the purpose of electing a Representative to the General Assembly shows the following results:
GEORGE T. BAGBY--------.----Received--_______415 votes Billie Joe Jones..-----------_..--.--.Received_....--......108 votes
Given under my hand and seal of office on this the 25th day of September, 1962. Ben W. Fortson, Jr. Secretary of State
(Seal)

JOURNAL OF THE HOUSE,
SECRETARY OF STATE Ben W. Fortson, Jr. Secretary of State Atlanta 3, Georgia

July 31, 1962

Honorable Geo. L. Smith II Speaker, House of Representatives State Capitol Atlanta, Georgia

Dear Sir:

I hereby certify that the consolidated returns on file in this office of Special Election held on the 26th day of July, 1962, in Bartow County, Georgia, for the purpose of electing a Representative to the General Assembly of Georgia, shows the following result:

MRS. CHARLES V. CROWE, JR.........Received__..._..1227 votes Clyde Charles--_---------------------..--Received----.-- 948 votes

(Seal)

Given under my hand and seal of office on this the 31st day of July, 1962.
Ben W. Fortson, Jr. Secretary of State

SECRETARY OF STATE Ben W. Fortson, Jr. Secretary of State Atlanta 3, Georgia
Augusta 2, 1962
Honorable Geo. L. Smith II Speaker, House of Representatives State Capitol Atlanta, Georgia
Dear Sir:
\
I hereby certify that the consolidated returns on file in this office of Special Election held on the 31st day of July, 1962, in Jenkins County,

THURSDAY, SEPTEMBER 27, 1962

9

Georgia, for the purpose of electing a Representative to the General Assembly of Georgia, shows the following result:

MARION MERRILL JOHNSON, JR..__.Received__-1171 votes Melvin H. Bell------------------------------Received_-- 551 votes

Given under my hand and seal of office on this the 2nd day of August, 1962.

(Seal)

Ben W. Fortson, Jr. Secretary of State

SECRETARY OF STATE Ben W. Fortson, Jr. Secretary of State Atlanta 3, Georgia

July 13, 1962

Honorable Geo. L. Smith II Speaker, House of Representatives State Capitol Atlanta, Georgia

Dear Sir:

I hereby certify that the consolidated returns on file in this office of Special Elections held on the 10th day of July, 1962, in Ware County, Georgia, for the purpose of electing two Representatives to the General Assembly of Georgia, show the Following results:

Unexpired term of Ben A. Hodges:
C. W. RATLIFR-----.-------..-Received------________.1414 votes John H. King, III.--.----__.__._Received....--.____._..... 893 votes Sam Strickland .._._.--------____.--Received--._----__ 629 votes W. B. Graham (write-in)..--...----Received-_-------- 130 votes

Unexpired term of Thomas A. Parker:
HARRY DIXON-------------.--Received....----------1595 votes William F. Varn.----------_----.Received----------1532 votes TOTAL VOID VOTES...----.-------------------.---- 119 votes

Given under my hand and seal of office on this the 13th day of July, 1962.

(Seal)

Ben W. Fortson, Jr. Secretary of State

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JOURNAL OF THE HOUSE,

SECRETARY OF STATE Ben W. Fortson, Jr. Secretary of State Atlanta 3, Georgia

Honorable Geo. L. Smith II Speaker, House of Representatives State Capitol Atlanta, Georgia

September 18, 1962

Dear Sir:

I hereby certify that the Ordinary's certification of the result of the Special Election held on the 12th day of September, 1962, in Morgan County, Georgia, for the purpose of electing a Representative to the General Assembly, and which is of file and record in this office, shows the following result:

BROOKS M. PENNINGTON, JR.___....Received........____1875 votes

(Seal)

Given under my hand and seal of office on this the 18th day of September, 1962.
Ben W. Fortson, Jr. Secretary of State

SECRETARY OF STATE Ben W. Fortson, Jr. Secretary of State Atlanta 3, Georgia
September 18, 1962
Honorable Geo. L. Smith II Speaker, House of Representatives State Capitol Atlanta, Georgia

Dear Sir:

I hereby certify that the consolidated returns on file in this office of Special Election held on the 12th day of September, 1962, in Decatur County, Georgia, for the purpose of electing a Representative to the General Assembly shows the following result:

HAROLD LAMBERT________________..__Received._______..._._2795 votes James (M) (Jim) Pace-_._________^___.Received_____________1200 votes E. B. (Bruton) Kelly...._.._-_____-_-Received___._._...__- 973 votes

(Seal).

Given under my hand and seal of office on this the 18th day of September, 1962.
Ben W. Fortson, Jr. Secretary of State

THURSDAY, SEPTEMBER 27, 1962

11

The Representatives-elect Bagby of Paulding, Mrs. Crowe of Bartow, M. M. Johnson, Jr., of Jenkins, Ratliff and Dixon of Ware, Pennington of Morgan and Lambert of Decatur came forward to the bar of the House, and the oath of office was administered by Honorable Carlton Mobley, Justice, Supreme Court, State of Georgia.

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

Abney Adams Akins Andrews of Hall Andrews of Stephens Arnsdorff Bagby Ballard Barber Barnett of Wilkes
Barrett Baughman Birdsong Black Blalock
Boggs Bolton Bowen of Randolph Bowen of Toombs Boyett Bozeman Brackin Branch Brantley Brooks of Oglethorpe Brooks of Pulton
Brown Busbee Bynum Caldwell Chance Chandler Clark of Catoosa Clarke of Monroe Cloer Cocke Coker Collins Conner Cox Crawford
Crowe Culpepper Davis Been Dickey Dixon 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 Hale Hall of Lee Hall of Floyd Harrell Henderson Hill Horton Howard Hull Hurst 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 Knight of Berrien Lambert Lane Langford Lee of Clinch Lee of Clayton Lewis of Wilkinson

Lewis of Burke Loggins Lokey Lovett Lowrey Mackay Massee Matthews of Clarke Matthews of Colquitt McCracken McCutchen McDonald McGarity Melton Milhollin Miller Mixon Moate Moore Moorman Morgan Morris Moss Mullis Murphy NeSmith Newton Odom Otwell Pannell Paris Parker Farmer Payton Pelham Pennington Phillips of Columbia Phillips of Walton Phillips of Bibb Pickard Poole Potts Purcell Rainey Ratliff Raulerson Roberts Rodgers

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JOURNAL OF THE HOUSE,

Roper Ross Rowland Rutland Sangster Scarborough Scoggin Sheffield Shuman Simmons Simpson Sinclair Singer Smith of Grady Smith of Brantley Smith of Habersham Smith of Whitfield Steis

Stevens Story Strickland Stuckey Tabb Taylor of Dawson 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 White Wickham Wilkes Williams of Coffee Williams of Hall Willingham Wilson Woodward Young

By unanimous consent, the following was established as the order of business during the first part of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions.
3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 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 following resolutions of the House were read and adopted:

HR 1. By Messrs. Smith and Twitty of Mitchell:
A RESOLUTION
To notify the Senate that the House has convened; and for other purposes.
BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the Clerk of the House is hereby instructed to notify the Senate that the House of Representatives has convened in extraordinary session pursuant to the call of His Excellency, Governor S. Ernest Vandiver, and is now ready for the transaction of business.

THURSDAY, SEPTEMBER 27, 1962

13

HR 2. By Messrs. Smith of Emanuel and Twitty of Mitchell:

A RESOLUTION

To notify the Governor that the General Assembly has convened; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OP GEOR GIA that a committee of eleven, seven from the House to be designated by the Speaker, and four from the Senate to be designated by the Presi dent, be appointed for the purpose of notifying His Excellency, the Governor, that the General Assembly has convened in extraordinary session pursuant to the call of the Governor, and is now ready for the transaction of business.

Undsr the provisions of HR 2, the Speaker appointed the following as a Committee on the part of the House:
Messrs. Arnsdorff of Effingham, Wilkes of Cook, Stuckey of Dodge, Fowler of Douglas, McClelland of Fulton, Lovett of Laurens, and Brooks of Oglethorpe.

HR 3. By Messrs. Smith of Emanuel and Twitty of Mitchell:
A RESOLUTION
Adopting the Rules of the House; and for other purposes. BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES
that the Rules of the House of Representatives in force at the adjourn ment of the regular 1962 session of the General Assembly are hereby adopted as the Rules of the House of Representatives for the extra ordinary session of the General Assembly convened on September 27, 1962, except that Rule 125 is hereby suspended for September 27, 1962 only.

HR 4. By Messrs. Smith of Emanuel and Twitty of Mitchell:
A RESOLUTION
Relative to officials of the House and the appointment and com pensation of attaches and employees of the House; and for other pur poses.
BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the provisions of HR 311, adopted at the regular session of the General Assembly for the year 1962 are hereby adopted for the extra ordinary session convened on September 27, 1962, and the provisions thereof shall be in full force and effect for said extraordinary session.

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JOURNAL OF THE HOUSE,

HR 5. By Messrs. Smith of Emanuel and Twitty of Mitchell:

A RESOLUTION

Relative to mileage; and for other purposes.

BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that pursuant to law, the members of the House, the Clerk and Assistant Clerks shall be entitled to mileage at the same rate as that provided for regular sessions for two round trips.

HR 6. By Mr. Smith of Emanuel:
A RESOLUTION
Commending Honorable Thomas A. Parker; and for other purposes.
WHEREAS, Honorable Thomas A. Parker, a member of the House of Representatives from Ware County, has resigned since the last session of the General Assembly; and
WHEREAS, he was appointed Judge of the Juvenile Court of said County; and
WHEREAS, he made an outstanding record while serving in this Body and gained the respect and admiration of all his fellow members; and
WHEREAS, he was particularly interested in all matters pertaining to the betterment of the youth of this State and will make an out standing Juvenile Court Judge;
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that Honorable Thomas A. Parker is hereby commended for his record of outstanding service and congratulations and best wishes are hereby extended to him for his appointment as Juvenile Court Judge of Ware County.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a copy of this Resolution to Honorable Thomas A. Parker.

HR 7. By Mr. Smith of Emanuel:
A RESOLUTION
Commending Honorable Jumes V. Rogers; and for other purposes.
WHEREAS, Honorable James V. Rogers, a member of the House of Representatives from Paulding County, has resigned since the last session of the General Assembly, and

THURSDAY, SEPTEMBER 27, 1962

15

WHEREAS, he was a most valued member of this Body and during his short tenure of service gained the respect of his fellow Representa tives ;

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that commendation is hereby expressed for Hon orable James V. Rogers and the best wishes of the members of this Body are hereby extended to him for his future success and happiness.

BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a copy of this Resolution to Honorable James V. Rogers.

HR 8. By Messrs. Smith of Emanuel and Greene of Bartow:
A RESOLUTION
Expressing regrets at the passing of Honorable Charles V. Crowe, Jr.; and for other purposes.
WHEREAS, Honorable Charles V. Crowe, Jr., a member of the House of Representatives from Bartow County, has passed away since the last session of the General Assembly; and
WHEREAS, he was a most valued member of the General Assembly and was beloved by his fellow members of the House; and
WHEREAS, his passing causes a great loss to his locality, his State and to this Body;
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that deepest regrets are hereby expressed at the passing of Honorable Charles V. Crowe, Jr., and the sympathy of all the members 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 copy of this Resolution to the Family of Honorable Charles V. Crowe, Jr.

HR 9. By Messrs. Smith of Emanuel and Dollar of Decatur:
A RESOLUTION
Expressing regrets at the passing of Honorable John L. Taylor; and for other purposes.
WHEREAS, Honorable John L. Taylor, a member of the House of Representatives from Decatur County, has passed away since the last session of the General Assembly; and

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JOURNAL OF THE HOUSE,

WHEREAS, he was a most valued member of the General Assembly and during his tenure of service gained the respect and admiration of his fellow members of the House; and
WHEREAS, his passing causes a great loss to his locality, his State and to this Body;
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that deepest regrets are hereby expressed at the passing of Honorable John L. Taylor, and the sympathy of all the members 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 copy of this Resolution to the Family of Honorable John L. Taylor.

HR 10. By Messrs. Smith of Emanuel and Phillips of Columbia:
A RESOLUTION
Expressing regrets at the passing of Honorable Lionel I. Prather; and for other purposes.
WHEREAS, Honorable Lionel I. Prather, Chairman of the Board of County Commissioners of Columbia County, was killed in a tragic automobile accident on July 18, 1962; and
WHEREAS, he was a member of the Harlem Baptist Church, the Harlem Rotary Club, the Harlem Masonic Lodge No. 276, and many other civic, professional and social organizations; and
WHEREAS, he had served on the Board of Commissioners of Co lumbia County for twenty-six years, and had served as Chairman of said Board for fourteen years; and
WHEREAS, he had made an outstanding record of service in the civic, religious and public life of his locality and area and his passing is a great loss to his City, County and State;
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that deepest regrets are hereby expressed at the passing of Honorable Lionel I. Prather and the sympathy of all the members 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 copy of this Resolution to the Family of Honorable Lionel I. Prather.

HR 11. By Mr. Smith of Emanuel:
A RESOLUTION
Expressing regrets at the passing of Honorable Robert F. (Bob) Mann; and for other purposes.

THURSDAY, SEPTEMBER 27, 1962

17

WHEREAS, Honorable Robert P. (Bob) Mann, veteran Georgia broadcaster and news director of radio station WQXI, passed away on September 23, 1962; and
WHEREAS, Bob, as he was affectionately known by the members of this Body, covered the Capitol for a number of years and was loved and respected by the members of this Body; and
WHEREAS, he made an outstanding record of service in his chosen field and his passing will be a great loss to all his many friends and admirers;
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that deepest regrets are hereby expressed at the passing of Honorable Robert F. (Bob) Mann and the sympathy of all the members 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 copy of this Resolution to the Family of Honorable Robert F. (Bob) Mann.

By unanimous consent, the following bill of the House was introduced, read the first time and referred to the Committee:

HB 1. By Messrs. Killian and Flexer of Glynn, Smith of Emanuel and many others:
A Bill to be entitled an Act to amend an Act known as the "State Toll Bridge Authority Act", dealing with the acquisition, construction, fi nancing and self-liquidation of projects, so as to change the composition of the membership of said Authority, and for other purposes.
Referred to the Committee on Highways.

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 1. By Senators Knox of the 54th and Sanders of the 18th: A Resolution to notify the House that the Senate has convened; and for other purposes.
Mr. Twitty of Mitchell moved that the House do now adjourn until 9:30 o'clock, a.m., tomorrow morning, and the motion prevailed.

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

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JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia Friday, September 28, 1962

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

The prayer was offered by the Chaplain, Elder John D. Burden, Primitive Baptist Church, Swainsboro, Georgia, as follows:
0 Father, Lord of heaven and earth. All thy works shall praise thy name in earth and sky and sea. We acknowledge thy rich mercies in our lives. We confess our sins and ask for forgiveness.
Grant that we may have the guidance of the Holy Spirit this day. Bless the members of this assembly. Give them wisdom and patience and may they consider each other to provoke unto love and good works. Watch over and care for our loved ones.
We ask a special consideration for those who are sick, distressed and discouraged. Bless the widows and orphans. Smile upon the church established by Jesus Christ with the promise that the gates of hell shall not prevail against it. May the joy of our lives be in doing not the things for our pleasure but for the glory of God.
We pray in the name of our Savior, Jesus Christ.
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.

FRIDAY, SEPTEMBER 28, 1962

19

3. Second reading of Bills and Resolutions.

4. Reports of Standing Committees.

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 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 House to wit:

HR 2. By Messrs. Smith of Emanuel and Twitty of Mitchell:
A Resolution to notify the Governor that the General Assembly has convened; and for other purposes.

The president has appointed as a committee:
Senators Conger of the 8th, Veazey of the 19th, Dykes of the 14th and Long of the 3rd.

The following proclamation was read by the Clerk:
A PROCLAMATION BY HIS EXCELLENCY
GOVERNOR S. ERNEST VANDIVER OF
THE STATE OF GEORGIA CONVENING THE GENERAL ASSEMBLY OF GEORGIA
IN EXTRAORDINARY SESSION
WHEREAS: On September 14, 1962, an Executive Proclamation was duly issued convening the General Assembly in extraordinary session on September 27, 1962, for the purpose of considering and enacting laws and proposed con stitutional amendments by way of revision, repeal, supersession, enactment, amendment or otherwise, relating to (1) nomination and election of Senators,

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JOURNAL OF THE HOUSE,

the composition and reapportionment of the Senate; the creation, composition, reconstitution and rearrangement of Senatorial Districts; (2) the Constitutional corporate existence, powers and duties of the State Toll Bridge Authority as created by an Act approved March 2, 1953 (Ga. Laws 1953, Jan, and Feb. Sess., p. 302); and

WHEREAS: Subsequent to the issuance of said Proclamation, it has been brought to my attention that the acquisition of right of ways by the State High way Department of Georgia is being impeded and seriously curtailed as a result of certain legal defects in the eminent domain statutes of this State; and

WHEREAS: Subsequent to the issuance of said Proclamation, it has also been brought to my attention that an Act passed by the General Assembly at its 1962 regular session providing for funds to municipalities to construct and
maintain streets (Ga. Laws 1962, p. 641) is defective in certain material aspects, as a result of which the various municipalities of this State are prohibited from receiving funds from the State which have been previously designated for said purposes; and

WHEREAS: It is, therefore, deemed appropriate that the General Assembly at the extraordinary session heretofore called by me be afforded an opportunity to consider pertinent legislation to revise or amend the several eminent domain statutes of this State in order that the road building program of this State might proceed without further unnecessary delays; and

WHEREAS: It is also deemed appropriate that the General Assembly at the extraordinary session heretofore called by me be afforded an opportunity to consider legislation providing for grants to incorporated municipalities of this State for the purpose of aiding in the consrtuction and maintenance of streets and providing personnel and equipment to control and accommodate the flow of traffic therein, in order that said municipalities may receive without further delay funds which have previously been appropriated and designated for said purposes;

NOW, THEREFORE: Pursuant to and by virtue of power and authority vested in me by the Constitution of Georgia, Article V, Section I, Paragraph XII, I, S. Ernest Vandiver, Governor of Georgia, do hereby amend the Proclama tion heretofore issued on September 14, 1962, by adding thereto, immediately following the next to the last paragraph, the following:

(1) "Said extraordinary session is also called for the purpose of considering and enacting laws by amendment, revision, re peal, or otherwise, relating to eminent domain by the State of Georgia and (2) legislation providing for grants to the incorpo rated municipalities of this State for the purpose of aiding in the construction and maintenance of streets and for aiding in defraying the costs of providing personnel and equipment for the control of traffic therein",

which is found and concluded by me to be of sufficient importance to demand the necessity of such extraordinary session of the General Assembly.

Given under my hand and the Great Seal of the State of Georgia at the City

FRIDAY, SEPTEMBER 28, 1962

21

of Atlanta, on this 26th day of September, in the year of Our Lord, one thousand nine hundred and sixty-two.

BY THE GOVERNOR: BEN W. FORTSON, JR. Secretary of State
(Great Seal).

S. ERNEST VANDIVER Governor

The following Bill of the House was introduced, read the first time and re ferred to the Committee:

HB 2. By Messrs. Smith of Emanuel, Twitty of Mitchell and Underwood of Montgomery:
A Bill to be entitled an Act to amend an Act prescribing the procedure for the exercise of the power of eminent domain by the State of Geor gia, so as to provide that the Attorney General of Georgia or his duly authorized Assistant Attorneys General shall be the signers of declara tions of taking; and for other purposes.
Referred to the Committee on Highways.

By unanimous consent, the following Bill of the House was read the second time:

HB 1. By Messrs. Killian and Flexer of Glynn, Smith of Emanuel and many others:
A Bill to be entitled an Act to amend an Act known as the "State Toll Bridge Authority Act", dealing with the acquisition, construction, financing and self-liquidating of projects, so as to change the compo sition of the membership of said Authority, and for other purposes.

By unanimous consent, the following Committee report was submitted and read:

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

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JOURNAL OF THE HOUSE,

of the House and has instructed me as Chairman, to report the same back to the House with the following recommendation:
HB 1. Do Pass.
This 27th day September, 1962.

Respectfully submitted,

Ballard of Newton, Chairman.
Loggins of Chattooga, Secretary.

The following Resolutions of the House were read and adopted:

HR 12. By Messrs. Smith of Emanuel and Loggins of Chattooga:
A RESOLUTION
Wishing a speedy recovery to Mrs. Lessie G. Parris Floyd; and for other purposes.
WHEREAS, Mrs. Lessie G. Parris Floyd is confined to a hospital bed, in Atlanta, with a heart condition; and
WHEREAS, Mrs. Floyd is the mother of Honorable James H. Floyd, member of the House of Representatives from Chattooga County; and
WHEREAS, the members of the House duly respect and admire Representative Floyd's honesty and integrity, which is most assuredly due in a great part to the guiding influence of his mother;
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does extend to Mrs. Lessie G. Par ris Floyd, mother of the Honorable James H. Floyd, best wishes for a speedy recovery and return to an active life;
BE IT FURTHER RESOLVED that the Clerk of the House of Representative be instructed to transmit suitable copies of this Resolu tion to Representative Floyd, Mrs. Floyd and the members of their family.

HR 13. By Messrs. Smith of Emanuel, Twitty of Mitchell, and many others:
A RESOLUTION
Extending congratulations to Honorable Robert L. (Bob) Scoggin; and for other purposes.

FRIDAY, SEPTEMBER 28, 1962

23

WHEREAS, Honorable Robert L.(Bob) Scoggin, a member of the House of Representatives from Floyd County, was recently nominated Judge of the Superior Court of the Rome Judicial Circuit with an over whelming victory; and

WHEREAS, he was born January 13, 1923, in Rome, Georgia, and graduated with a BS Degree from Berry College in 1944; and

WHEREAS, he is married to the former Sara Marie Terrell and they are the parents of four lovely children; and

WHEREAS, he is a member of the Baptist Church, the Masons, the Elks, the Chamber of Commerce, the Civitans, V.F.W., American Legion, and many other civic, fraternal and public organizations; and

WHEREAS, he served with distinction in the United States Navy during World War II as a Lieutenant; and

WHEREAS, he has served continuously as a member of the General Assembly since 1949, occupying many important positions including the office of Speaker Pro Tern; and

WHEREAS, he has served his constituents with dignity, honor and a high degree of achievement; and

WHEREAS, he has gained the respect, admiration and affection of all the members of this Body with whom he has served; and

WHEREAS, his election as Judge will mean a great loss to this Body but a tremendous gain to the people of his Judicial Circuit;

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that sincerest congratulations are hereby ex pressed to the Honorable Robert L. (Bob) Scoggin upon his nomination as Judge of the Superior Court of the Rome Judicial Circuit, and best wishes are hereby extended to him for continued future success.

BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a copy of this Resolution to the Honorable Robert L. (Bob) Scoggins.

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

The Speaker announced the House adjourned until 11:00 o'clock a. m., Monday morning.

24

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia Monday, October 1, 1962

The House met, pursuant to adjournment, this day at 11:00 a.m., and was called to order by the Speaker.

The prayer was offered by the Chaplain, Elder John D. Durden, Primitive Baptist Church, Swainsboro, Georgia, as follows:
Gracious Lord, our Heavenly Father:
We thank Thee for the privilege of The Lord's day, that we were permitted to worship Thee in the beauty of holiness. Bless thy servants who labor in the vineyard of the Lord.
As we face the duties of the new week, we again ask that thy holy presence may attend us. We especially pray for the speaker and mem bers of this house. Give them wisdom and understanding. Help them solve the problems that confront our people.
Enable each of us to hear the still small whisper of Thy voice which will remind us of the great love of our Savior. May we rejoice that neither death nor life, nor angels, nor principalities, nor powers, nor things present, nor things to come, nor height, nor depth, nor any other creature shall be able to separate us from the love of God, which is in Christ Jesus our Lord.
Lord, lead us in service, protect us from evil and harm, forgive our sins and help us to know what Thou would have us to do.
In Jesus name we pray. Amen.

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

Abney Adams Akins Andrews of Hall Andrews of Stephens Arnsdorff Bagby Ballard Barber Barnett of Wilkes Barrett Baughman Birdsong Black Blalock

Boggs Bolton Bowen of Randolph Bowen of Toombs Boyett Brackin Branch Brantley Brooks of Oglethorpe Brooks of Fulton Brown Budd Busbee Bynum Caldwell

Chance Chandler Clark of Catoosa Clarke of Monroe Cloer Cocke Collins Conner Cox Crawford Crowe Culpepper Davis Been Dickey

MONDAY, OCTOBER 1, 1962

25

Dicus Dixon 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 Horton Howard Hull Hurst Johnson Joiner Jones of Worth Jones of Lumpkin Jones of Sumter Jordan Keadle Kelly Keyton Kidd Killian Killingsworth Kimmons King Kirkland Knight of Laurens Knight of Berrien Lambert Lane Langford Lee of Clinch

Lee of Clayton Lewis of Wilkinson Lewis of Burke Logging 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 Farmer Pelham Pennington Phillips of Columbia Phillips of Walton Phillips of Bibb Pickard Poole Potts Purcell Rainey Ratliff Roberts Rodgers Roper 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 Tabb Taylor of Dawson 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 White Wickham Wilkes
Williams of Coffee Williams of Hall 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 uanimous consent, the reading of the Journal was dispensed with.

26

JOURNAL OF THE HOUSE,

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. Second reading of Bills and Resolutions. 4. Reports of Standing Committees.
5. Third Reading and passage of local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions. 7. That the Speaker may in his discretion call up any Bill on the General
Calendar in any order that he desires.

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

HB 3. By Messrs. Smith of Emanuel and Twitty of Mitchell:
A Bill to be entitled an Act to provide for grants to municipalities; to aid in the construction and maintenance of streets and for aiding in defraying the costs of providing personnel and equipment for the con trol of traffic; and for other purposes.
Referred to the Committee on Rules.

HR 14-2. By Mr. Paris of Barrow:
A Resolution proposing an amendment to the Constitution of Georgia to provide that the Senate shall be reapportioned; and for other purposes.
Referred to the Committee on Rules.

By unanimous consent, the following Bill of the House was read the second time:

HB 2. By Messrs. Smith of Emanuel, Twitty of Mitchell and Underwood of Montgomery:
A Bill to be entitled an Act to amend an Act prescribing the procedure for the exercise of the power of eminent domain by the State of Georgia,

MONDAY, OCTOBER 1, 1962

27

so as to provide that the Attorney General of Georgia or his duly authorized Assistant Attorneys General shall be the signers of declara tions of taking; and for other purposes.

By unanimous consent the following Bill of the House was taken up for consideration and read the third time:

HB 1. By Messrs. Killian and Plexer of Glynn, Smith of Emanuel and many others:
A Bill to be entitled an Act to amend an Act known as the "State Toll Bridge Authority Act", dealing with the acquisition, construction, fi nancing and self-liquidating of projects, so as to change the composition of the membership of said Authority, and for other purposes.

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

Mr. Smith of Whitfield moved the previous question and the motion prevailed.

The previous 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
Andrews of Stephens Ballard Barber Barnett of Wilkes
Barrett Baughman Birdsong Blalock Boggs Bolton Bowen of Randolph Bowen of Toombs Boyett Brackin Brantley

Brooks of Pulton Brown Budd
Busbee Bynum Caldwell Chance
Chandler Clark of Catoosa Clarke of Monroe Cloer Cocke Conner Cox Crowe Culpepper Davis Deen

Dicus Dixon Dollar
Dorminy Doster Duncan of Fannin Duncan of Carroll
Dunn Echols Flexer Floyd Flynt Fordham Fowler of Douglas Fowler of Treutlen Funk Hall of Floyd Harrell

28

JOURNAL OP THE HOUSE,

Henderson Hill Howard Hurst Johnson Joiner Jones of Worth Jones of Lumpkin Jones of Sumter Jordan Keadle Keyton Killian Killingsworth King Kirkland Knight of Berrien Lambert Langford Lee of Clinch Lee of Clayton Lewis of Wilkinson Lewis of Burke Loggins Lokey Lowrey Mackay Massee McClelland McCracken McCutchen Melton Milhollin Miller

Mixon Moate Moore Moorman Morgan Morris Murphy NeSmith Odom Otwell Pannell Paris Parker Farmer Payton Pelham Pennington Phillips of Columbia Phillips of Walton Phillips of Bibb Pickard Poole Potts Purcell Rainey Ratliff Roberts Roper Ross Rowland Rutland Sangster Scarborough Scoggin

Sheffield Shuman Simmons Simpson Smith of Grady Smith of Brantley Smith of Habershaw Smith of Whitfield Steis Stevens Story Stuckey Tabb Taylor of Dawson Taylor of Bibb Thornton Tucker Twitty Undercofler Underwood of Taylor Vaughn Waldrop Walker of Lowndes Walker of Telfair 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.:

Black Crawford Dickey Hall of Lee Kidd Kimmons

Lane Lovett Matthews of Colquitt Mullis Newton Teague

Those not voting were:
Andrews of Hall Arnsdorff Bagby Barnett Bozeman Branch Brooks of Oglethorpe Coker

Collins Fitzgerald Fleming Fuqua Greene Hale Horton Hull

Watson Wickham Willingham Wilson
Jones of Worth Kelly Knight of Laurens Matthews of Clarke McDonald McGarity Moss Raulerson

MONDAY, OCTOBER 1, 1962

29

Rodgers Sinclair Singer Smith of Fulton

Strickland Todd Underwood of
Montgomery

Ware Mr. Speaker

On the passage of the Bill, the ayes were 155, nays 16.

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

The Bill was ordered immediately transmitted to the Senate.

Mr. Smith of Pulton requested that the Journal show him as having voted for the passage of HB 1.

Mr. Smith of Habersham arose to a point of personal privilege and addressed the House.

The following Resolution of the House was read and adopted.

HR 16. By Mr. Jordan of Calhoun:
A RESOLUTION
Commending Tom Cheney; and for other purposes.
WHEREAS, on September 12, 1962, an American League baseball game between the Baltimore Orioles and the Washington Senators in Baltimore, Tom Cheney of the Senators struck out twenty-one (21) batters, thereby setting a major league world record for the most num ber of batters struck out in one game by one pitcher; and
WHEREAS, Tom Cheney is a resident of Morgan, Calhoun County, Georgia; and
WHEREAS, Tom Cheney graduated from Morgan High Shcool and there excelled in the sports of baseball and basketball and later played for the St. Louis Cardinals and the Pittsburgh Pirates having been on the pitching staff of the Pirates when they won the National League Pennant and World Series in 1960; and
WHEREAS, Tom Cheney by his recent accomplishment and previous fine record has maintained Georgia's reputation for producing fine athletes; and

30

JOURNAL OF THE HOUSE,

WHEREAS, by his outstanding play in the field of sports Tom Cheney maintains the tradition of such athletes as Ty Cobb, Bob Jones, Charlie Trippi, Francis Tarkenton, Roger Kaiser and many others;

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body does commend Tom Cheney for his outstanding accomplishment and does hail him for his fine showing as a native son of Georgia.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives be instructed to furnish an appropriate copy of this Resolution to Tom Cheney and the members of his family and to the Washington Senators Baseball Organization.

Mr. Twitty of Mitchell moved that the House adjourn until 10:30 a.m., tomorrow morning and the motion prevailed.

The Speaker announced the House adjourned until 10:30 a. m., tomorrow morning.

TUESDAY, OCTOBER 2, 1962

31

Representative Hall, Atlanta, Georgia Tuesday, October 2, 1962

The House met pursuant to adjournment at 10:30 a. m., this day and was called to order by the Speaker.

The prayer was offered by the Chaplain, Elder John D. Burden, Primitive Baptist Church, Swainsboro, Georgia, as follows:

OUR FATHER WHICH ART IN HEAVEN, HALLOWED BE THY NAME. Thou has taught us in Thy word that we should approach Thee in this manner and all our prayers should be directed to Thee and to no one else. Thou hast made us priests and kings, therefore we have the right to come boldly unto the throne of grace, that we may obtain mercy and find grace to help in time of need. Father we do not pray to the angels, nor do we direct our petitions to the saints. We pray to Thee and in the name of Jesus Christ our mediator. We thank Thee that there is but one God and only one mediator between God and men, the man Christ Jesus.

Oh, Father of Light, we implore Thee to look down on our darkened world, where there is so much mistrust and misunderstanding, and give us the light of Thy Spirit to illuminate our pathway.

We pray that peace and harmony among our people may be re

stored. Restrain the forces that seek to destroy the good will-of our

citizens and raise up leaders who will stand for the right. Again we

pray Thy blessings upon this assembly. Continue Thy mercies upon our

homes and may love ever remain the banner over them--love for Thee,

love for country, love for our state, love for our community and love

for our families. Forgive our sins and may Thy Spirit be our guide

and comfort. We make our prayer in the name of the One who died

for us--Jesus, our Savior.

Amen.

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

Abney Adams Akins Andrews of Hall Arnsdorff Bagby Ballard Barber Barnett of Wilkes Barnett of Baker Barrett Baughman Birdsong Blapk

Blalock Bog'gs Bolton Bowen of Randolph Bowen of Toombs Boyett Brackin Branch Brantley Brooks of Oglethorpe Brooks of Fulton Brown Budd Busbee

Bynum Caldwell Chance Chandler Clark of Catoosa Clarke of Monroe Cloer Coker Collins Conner Cox Crawford Crowe Culpepper

32

JOURNAL OF THE HOUSE,

Davis Deen Dickey Dicus Dixon Doftar Dorminy Doster Duncan of Fannin Duncan of Carroll Dunn
Echols Fleming Flexer Flo%yd Flynt Fordham Fowler of Douglas Fowler of Treutlen Funk Fuqua Greene Hall of Lee Hall of Floyd Harrell Henderson Hill Horton Howard Hull Hurst Johnson Joiner Jones of Liberty Jones of Worth Jones of Sumter Jordan Keadle Kelly Keyton Kidd Killian Killingsworth Khnmons King Kirkland Knight of Berrien Lambert Lane

Langford Lee of Clinch Lee of Colquitt Lewis of Wilkinson Lewis of Burke Loggins Lokey Lovett Lowrey Mackay Massee Matthews of Clarke Matthews of Colquitt McClelland McCracken McCutchen McGarity Melton Milhollin Mixon Moate Moore Moorman Morgan Morris Moss Mullis Murphy
NeSmith Newton Odom Otwell Pannell Paris Parker Farmer Payton Pelham Pennington Phillips of Columbia Phillips of Walton Phillips of Bibb Pickard Poole Purcell Rainey Ratliff Raulerson Roberts

Rodgers Roper Ross Rutland Sangster Scarborough Scoggin Shuman Simpson Sinclair Singer Smith of Grady Smith of Brantley Smith of Fulton Smith of Habersham Smith of Whitfield
Steis Stevens Story Strickland Stuckey Tabb Taylor of Dawson Taylor of Bibb Teague 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 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.

TUESDAY, OCTOBER 2, 1962

33

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. Second reading of Bills and Resolutions.
4. Reports of Standing Committees. 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 Resolution of the House was intro duced, read the first time and referred to the Committee:

HR 15-3. By Messrs. Hill of Meriwether and Wilkes of Cook:
A Resolution proposing an amendment to the Constitution so as to provide for one member of the House of Representatives from each county, and for other purposes.
Referred to the Committee on Rules.

By unanimous consent, the following Committee reports were submitted and read:

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 House and has instructed me as Chairman, to report the same back to the House with the following recommendation:
HB 2. Do Pass. Respectfully submitted, Ballard of Newton, Chairman.

34

JOURNAL OP THE HOUSE,

Mr. Twitty of Mitchell County, Vice-Chairman of the Committee on Rules, submitted the following report:

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 recommendation:
HB 3. Do Pass, by Substitute.
Respectfully submitted,
Twitty of Mitchell,
Vice-Chairman.

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

HR 14-2. By Mr. Paris of Barrow:
A Resolution proposing an amendment to the Constitution of Georgia to provide that the Senate shall be reapportioned; and for other purposes.

HB 3. By Messrs. Smith of Emanuel and Twitty of Mitchell:
A Bill to be entitled an Act to provide for grants to municipalities; to aid in the construction and maintenance of streets and for aiding in defraying the costs of providing personnel and equipment for the control of traffic; and for other purposes.

Under the regular order of business, the following Bill of the House was taken up for consideration and read the third time:
HB 2. By Messrs. Smith of Emanuel, Twitty of Mitchell and Underwood of Montgomery: A Bill to be entitled an Act to amend an Act prescribing the procedure for the exercise of the power of eminent domain by the State of Georgia, so as to provide that the Attorney General of Georgia or his duly authorized Assistant Attorneys General shall be the signers of declara tions of taking; and for other purposes.
The following amendments to HB 2 were read and adopted:
Mr. Willingham of Cobb moves to amend HB 2 by striking there from the following paragraph:
"The provisions of this Amendment shall apply to pending proceed ings previously brought under the provisions of this Act; and the time

TUESDAY, OCTOBER 2, 1962

35

limitations as heretofore provided for in the preceding paragraph as to pending condemnation shall run from the date of approval of this Act by the Governor."

Mr. Hull of Richmond moves to amend HB 2 as follows:

By inserting the words "in the form of a petition addressed to the Judge of the Superior Court having jurisdiction thereof," between the word "pleadings" and the word "filed" in that paragraph beginning with the word "If the condemnee shall desire to raise such question--" and ending with the words ". . . and, with the right of appeal by either party, as in other cases . . ." wherever said paragraph may appear in Section 1 of said Bill.

Mr. Bagby of Paulding moves to amend HB 2 by striking the word "filing" in line 9 of Paragraph (d), page 3, thereof and inserting in lieu the following language "service upon the condemnee".

Mr. Underwood of Montgomery moved the previous question be ordered, and the motion prevailed.

The previous question was ordered.

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

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

Abney Akins Andrews of Stephens Arnsdorff Bagby Ballard Barnett of Wilkes Barnett of Baker Baughman Birdsong Black Boggs Bowen of Randolph Boyett Brackin Branch Brooks of Fulton Brown Budd Busbee

Caldwell Chance Chandler Cloer Coker Collins Cox Crawford Crowe Culpepper Davis Been Dickey Dicus Dixon Dorminy Doster Duncan of Fannin Duncan of Carroll Dunn

Echols Fleming Fordham Funk Fuqua Greene Hall of Lee Hall of Floyd Harrell Henderson Hill Horton Hull Hurst Johnson Joiner Jones of Worth Jones of Lumpkin Jones of Sumter Jordan

36

JOURNAL OF THE HOUSE,

Keyton Kidd Killingsworth Kimmons King Knight of Berrien Lambert Langford Lee of Clinch Lee of Clayton Lewis of Burke Lokey Lovett Lowrey Mackay Massee Matthews of Clarke Matthews of Colquitt McClelland McCracken McCutchen McDonald Melton Milhollin Mixon Moate Moorman Morgan Morris Mullis NeSmith Newton

Odom Otwell Paris Parker Farmer Payton Pelham Pennington Phillips of Columbia Phillips of Bibb Poole Potts Purcell Rainey Ratliff Raulerson Roberts Rodgers Roper Ross Rutland
Sangster Scoggin Shuman Simmons Simp son Sinclair Smith of Emanuel Smith of Fulton Smith of Habersham Smith of Whitfield Steis

Stevens Story Strickland Stuckey Tabb Taylor of Dawson Taylor of Bibb Teague Thornton 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 Wilkes Williams of Coffee Williams of Hall Willingham Wilson Woodward Young

Those voting in the negative were Messrs.:

Adams Barber Clarke of Monroe Floyd

Kirkland Loggins Murphy Pickard

Smith of Brantley Wickham

Those not voting were Messrs.:

Andrews of Hall Barrett Blalock Bolton Bowen of Toombs Bozeman Brantley Brooks of Oglethorpe Bynum Clark of Catoosa Cocke Conner Dollar

Fitzgerald Flexer Flynt Fowler of Douglas Fowler of Treutlen Hale Howard Jones of Liberty Keadle Kelly Killian Knight of Laurens Lane

Lewis of Wilkinson McGarity Miller Moore Moss Pannell Phillips of Walton Rowland Scarborough Sheffield Sinclair Todd
Mr. Speaker

TUESDAY, OCTOBER 2, 1962

37

On the passage of the Bill, as amended, the ayes were 155, nays 10.

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

Mr. Duncan of Carroll and Mr. Bowen of Toombs requested that the Journal show them as having voted aye for the passage of HB 2.

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 the requisite constitutional majority the following Bill of the Senate to wit:

SB 1. By Senators Sanders of the 18th and Smalley of the 26th:
A Bill to provide for the reapportionment of the State Senate; and for other purposes.

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

SB 1. By Senators Sanders of the 18th, Smalley of the 26th, and many others:
A Bill to be entitled an Act to provide for the reapportionment of the State Senate; and for other purposes.
Referred to the Committee on Rules.

Mr. Twitty of Mitchell moved that the House do now adjourn until 10:00 a. m., tomorrow morning, and the motion prevailed.

The Speaker announced the House adjourned until 10:00 a. m., tomorrow morning.

38

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia Wednesday, October 3, 1962

The House met pursuant to adjournment at 10:00 a. m., this day and was called to order by the Speaker.

The prayer was offered by the Chaplain, Elder John D. Burden, Primitive Baptist Church, Swainsboro, Georgia, as follows:
Holy, holy, holy, Lord God Almighty; early in the morning our song shall rise to thee. Only thou art holy, perfect in power, in love, in purity. O Lord, our God--Thou that doest according to thy will in the armies of heaven and among the inhabitants of the earth: none can stay thy hand or say unto thee--What doest thou?
May we know thy power. Restrain the enemies of those who love thee who would destroy civilization. Show them thy power. Protect thy people who have put their trust in thee. Uphold our Astronaut Walter Schirra by thy strong arm, as he circles the globe this day, and give him a safe landing.
May we know the power of God as thy Spirit has dethroned Satan from our hearts and has made our bodies His temple. Help us to know that we are children of God, heirs of God and joint heirs with Jesus Christ. May we have joy as we look for His return upon this earth. As we await His coming, help us to love and serve Him.
Again we pray thy blessings upon this law making body. Give them wisdom and enable them to consider each other. May our families feel secure in thy love. May their guardian angels hover near them. May they cast all their cares upon thee.
Save us to thyself in glory for Jesus sake.
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.

WEDNESDAY, OCTOBER 3, 1962

39

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. Second reading of Bills and Resolutions.

4. Reports of Standing Committees. 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 Bill and Resolution of the House and Senate were read the second time:

HR 15-3. By Messrs. Hill of Meriwether and Wilkes of Cook:
A Resolution proposing an amendment to the Constitution so as to provide for one member of the House of Representatives from each county; and for other purposes.

SB 1. By Senators Sanders of the 18th, Smalley of the 26th, Towson of the 16th, Jones of the 23rd, McWhorter of the 50th, Gardner of the 47th, and many others.
A Bill to be entitled an Act to provide for the Reapportionment of the State Senate; and for other purposes.

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

HB 3. By Messrs. Smith of Emanuel and Twitty of Mitchell: A Bill to be entitled an Act to provide for grants to municipalities; to aid in the construction and maintenance of streets and for aiding in defraying the costs of providing personnel and equipment for the con trol of traffic; and for other purposes.
The following Committee Substitute was read and adopted:
A BILL
To be entitled an Act to provide for grants to certain incorporated municipalities of this State for the purpose of aiding in the construe-

40

JOURNAL OF THE HOUSE,

tion and maintenance of streets and for aiding in defraying the costs of providing personnel and equipment for the control of traffic; to pro vide the procedure connected therewith; to repeal an Act relating to grants to incorporated municipalities, approved March 6, 1962 (Ga. Laws 1962, p. 641) ; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1
It is hereby declared to be the purpose and intent of the General Assembly that State funds be made available to the governing bodies of certain incorporated municipalities of this State to aid them in ful filling their responsibility to construct and maintain streets and pro vide personnel and equipment to control and accommodate the flow of traffic therein.

SECTION 2
To the extent that funds are made available by the Budget Authori ties pursuant to Section 50 (J) of the General Appropriations Act of 1961, approved April 5, 1961 (Ga. Laws 1961, p. 356), or to the extent funds are made available for this purpose by any future law, the State Treasurer is authorized and directed to grant said funds to the in corporated municipalities of this State, as defined herein, on the fol lowing basis:
(a) The total sum available at any given time for grants under this Act shall be divided by the total population, according to the latest Federal census, of all incorporated municipalities, as defined in Section 3, to arrive at an initial per capita amount. The population of each such municipality shall be multiplied by the initial per capita amount. When the sum so determined for any such municipality equals less than 5/10,000 of the total sum avail able for distribution, such municipality shall receive 5/10,000 of such total sum, which amount is hereby designated the "minimum grant".
(b) The amount remaining for distribution after deducting the total amount of minimum grants determined under Subsection (a) hereof, shall be divided by the total population of all such municipalities, exclusive of those receiving the minmum grant, to arrive at an adjusted per capita amount. The amount of the grant to which each such municipality not receiving the minimum grant is entitled shall be the sum of the adjusted per capita amount multiplied by its population.

SECTION 3

"Incorporated Municipality" as used in this Act shall mean an in corporated municipality the governing body of which has held at least six regular meetings within the twelve months preceding the execu tion of the certificate required by Section 4 hereof, and which has

WEDNESDAY, OCTOBER 3, 1962

41

levied taxes for the operation of the government of the municipality within the twelve months preceding the execution of the certificate required by Section 4 hereof.

SECTION 4
Each incorporated municipality, as defined herein, shall submit to the State Treasurer a certificate showing the number of regular meet ings held within the preceding twelve months by the governing body of the municipality and stating that taxes were levied within the twelve months preceding such certificate for the operation of the municipal government. Such certificate shall be substantially in the following form:
"CERTIFICATE
The undersigned, Mayor (Chairman of the Commission) of (Official Corporate name), does hereby certify that--__.__--,,_. regular meetings of the governing body were held during the past twelve months, and that taxes levied during the past twelve months for the operation of the gov ernment of (Official Corporate name). The municipal Treasurer or other official or officials authorized to receive municipal funds is (are)

Date-_------------------_------____..____.___,,.

Attest:

Mayor (Chairman of Commission)

Clerk
Such certificate shall be executed by the highest elective official, whether designated Mayor or some other term (or by the Chairman of the Commission in those municipalities having a commission form of Government), and attested by the Clerk. The name of the munici pality used in the certificate shall be its official corporate name. The name of the municipal Treasurer or other official, or officials, author ized to receive municipal funds shall be listed in the certificate and the instrument transferring funds to the municipality shall be payable to such Treasurer or other official or officials as listed in the certificate.
The information contained in the certificate shall constitute the basis upon which the State Treasurer shall make the distribution of funds under this Act and the Treasurer shall not be liable, either personally or in his official capacity, for any false information con tained in any such certificate. Any person willfully and knowingly signing a certificate containing false information shall be guilty of a misdemeanor and upon conviction thereof shall be punished as for a misdemeanor.
SECTION 5
Not later than thirty days after the effective date of this Act, the certificate provided for hereinbefore shall be filed with the State Treas-

42

JOURNAL OF THE HOUSE,

urer. Such certificate shall be the basis upon which payments are made of any funds available under this Act between the effective date of this Act and June 30, 1963. During the month of June, 1963, and during the month of June of each succeeding year, a certificate shall be filed which shall be the basis upon which payments shall be made of funds made available under this Act for the immediately succeeding fiscal year beginning July 1 and ending June 30. In the event no certificate is filed within the time limitations specified above, the municipality shall not be entitled to and shall not be paid any funds for the appli cable period, and such municipality shall not be included in the formula for determining the amount of the grants as provided in Section 2 of this Act.
SECTION 6
Funds distributed under this Act by the State Treasurer shall be paid to the municipality in the name of the municipal Treasurer or other official or officials authorized to receive municipal funds as listed in the certificate required by Section 4 of this Act. Such funds shall be expended by the municipality only for the purposes prescribed in Section 1 of this Act. A separate account of such funds shall be main tained by each municipality.
SECTION 7
An Act entitled "An Act to provide for grants to the incorporated municipalities of this State for the purpose of aiding in the construc tion and maintenance of streets and for aiding in defraying the costs of providing personnel and equipment for the control of traffic; to repeal conflicting laws; and for other purposes.", approved March 6, 1962 (Ga. Laws 1962, p. 641), is hereby repealed in its entirety.

SECTION 8
All laws and parts of laws in conflict with this Act are hereby repealed.

The previous question was ordered.

The main question was ordered.

The report of the committee which was favorable to the passable 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.:

Akins Andrews of Stephens

Arnsdorff Ballard

Barber Barnett of Wilkes

WEDNESDAY, OCTOBER 3, 1962

43

Barnett of Baker Baughman Black Blalock
Bowen of Randolph Boyett Brackin Branch Brantley Brooks of Oglethorpe Brooks of Pulton Budd Busbee Chance Chandler Clark of Catoosa Clarke of Monroe Cloer Collins Cox Crawford Crowe Culpepper Da vis Deen Dickey Dixon Dollar Dorminy Doster Duncan of Pannin Duncan of Carroll Echols Flexer Floyd Flynt Fordham Fowler of Douglas Greene Hale Hall of Lee Harrell Henderson Johnson

Joiner Jones of Liberty Jones of Sumter Jordan Keadle Kidd Killian Killingsworth King Kirkland Knight of Laurens Knight of Berrien Lambert Lane Langford Lee of Clinch Lee of Clayton Lewis of Wilkinson Lewis of Burke Loggins Lokey Lovett Lowrey Mackay Massee Matthews of Clarke Matthews of Colquitt McClelland McCutchen McDonald Melton Milhollin Mixon Moore Moorman Morgan Murphy NeSmith Odom Otwell Pannell Paris Parker of Screven
Pelham Pennington

Phillips of Bibb Pickard Poole Potts Purcell Rainey Ratliff Raulerson Rodgers Rowland Sangster Sheffield Shuman Sinclair Singer Smith of Grady Smith of Brantley Smith of Habersham Smith of Whitfield Steis Stevens Story Strickland Stuckey Tabb Taylor of Dawson Teague Tucker Twitty Undercofler Underwood of
Montgomery Underwood of Taylor Vaughn Waldrop Walker of Lowndes Watson Wells of Peach Wells of Oconee Wells of Camden Wilkes Williams of Coffee Williams of Hall Woodward Young

Those voting in the negative were Messrs. Keyton and McCracken.

Those not voting were Messrs.:

Abney Adams Andrews of Hall

Bagby Barrett Birdsong

Bolton Bowen of Toombs Bozeman

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JOURNAL OF THE HOUSE,

Brown Bynum Caldwell Cocke Coker Conner Dicus Dunn Fitzgerald Fleming Fowler of Treutlen Funk Fuqua Hall of Floyd Hill Horton Howard Hull

Hurst Jones of Worth Jones of Lumpkin Kelly Kimmons McGarity Miller Moate Morris Moss Mullis Newton Farmer Payton Phillips of Columbia Phillips of Walton Roberts Roper

Ross Rutland Scarborough Scoggin Simmons Simpson Smith of Fulton Taylor of Bibb Thornton Todd Walker of Telfair Ware White Wickham Willingham Wilson Mr. Speaker

On the passage of the Bill, by substitute, the ayes were 140, nays 2.

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

The following members requested that the Journal show them as having voted aye on the passage of HB 3, by substitute: Messrs. Smith of Fulton, Payton of Coweta, Morris of Tift, and Scarborough of Crawford.

The Bill was ordered immediately transmitted to the Senate.

Mr. Lee of Clinch arose to a point of personal privilege and addressed the House.

Mr. Twitty of Mitchell moved that the House do now adjourn until 10:00 a. m., tomorrow morning, and the motion prevailed.

The Speaker announced the House adjourned until 10:00 a. m., tomorrow morning.

THURSDAY, OCTOBER 4, 1962

45

Representative Hall, Atlanta, Georgia. Thursday, October 4, 1962

The House met pursuant to adjournment this day at 10:00 a. m., and was called to order by the Speaker.

Prayer was offered by the Chaplain, Mr. John D. Burden, Elder, Swainsboro Primitive Church, Swainsboro, Georgia, as follows:
Almighty God, our Heavenly Father;
We praise thee for the gift of thy Son, for the cross he bore, for the crown he wore, for the agony he suffered, for the blood He shed. All these were for us. He lay in the tomb which could not keep Him. He came forth triumphant, victor over death and the grave. He was seen of those chosen of God and after forty days went back to God in glory. He is there making intercession for us. What an advocate we have in heaven!
Father, help us to show our love by the living sacrifice of our lives. Reach forth by thy power and warm our hearts and be ever with us in love and mercy. Show us the light of thy countenance and cause us to delight in doing that which is right. Deliver us from fleshly lusts, envy, hatred, malice, jealousy, and may we put on as the elect of God, mercy, kindness, humility, meekness, longsuffering, forgiveness, love.
We pray thy blessings upon our speaker, the members of this House, our governor, lieutenant governor, and members of the senate. Enable them to work together for the good of our state and uplifting of humanity. Forgive our sins and ever lead us by Thy Spirit. We ask in the name of our blessed Savior--Jesus Christ.
Amen.

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

Abney Adams Akins Andrews of Stephens Andrews of Hall Arnsdorff Bagby Ballard Barber Barnett of Wilkes Barnett of Baker Barrett Baughman

Birdsong Black Blalock Boggs Bolton Bowen of Randolph Bowen of Toombs Boyett Bozeman Brackin Brantley Brooks of Oglethorpe Brooks of Fulton

Brown Budd Busbee Bynum Caldwell Chance Clark of Catoosa Clarke of Monroe Cloer Cocke Coker Collins Conner

46

JOURNAL OP THE HOUSE,

Cox Crowe Culpepper Davis Deen Dicus Dixon Dollar Dorminy Duncan of Pannin Duncan of Carroll Dunn Echols Plexer Ployd Flynt Fordham Fowler of Douglas Fowler of Treutlen Punk Fuqua Greene Hale Hall of Lee Hall of Floyd Harrell Henderson Hill Horton Hurst Johnson Joiner Jones of Worth Jones of Lumpkin Jones of Sumter Jordan Kelly Keyton Kidd Killian Killingsworth Kimmons King Kirkland Knight of Berrien Lambert Lane Langford

Lee of Clinch Lee of Clayton Lewis of Wilkinson Lewis of Burke Loggins Lokey Lovett Lowrey Mackay Massee Matthews of Clarke Matthews of Colquitt McClelland McCracken McCutchen Melton Milhollin Miller Mixon Moate Moore Moorman Morgan Morris Moss Mullis
Murphy NeSmith Odom Otwell Pannell Paris Parker Farmer Payton Pelham Pennington Phillips of Columbia Phillips of Walton Phillips of Bibb Pickard Poole Potts Purcell Rainey Ratliff Raulerson Roberts

Rodgers Roper Ross Rowland Rutland Sangster Scarborough Scoggin Shuman Simmons Simpson Sinclair Singer Smith of Grady Smith of Brantley Smith of Fulton Smith of Habersham Steis Stevens Story Strickland Stuckey Tabb Taylor of Dawson Taylor of Bibb Thornton Tucker Twitty Undercofler Underwood of
Montgomery Underwood of Taylor Vaughn Waldrop Walker of Lowndes Ware Watson Wells of Peach Wells of Oconee Wells of Camden Wickham Wilkes Williams of Coffee Williams of Hall 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.

THURSDAY, OCTOBER 4, 1962

47

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. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 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 Committee report was submitted and read:

Mr. Smith of Emanuel County, Chairman of the Committee on Rules, sub mitted the following report:
Mr. Speaker:
Your Committee on Rules 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 1. Do Pass As Amended. Respectfully submitted, Smith of Emanuel, Chairman.

Mr. Kimmons of Pierce arose to a point of personal privilege and addressed the House.

The Speaker announced the House recessed until 11:00 a. m.

11:00 a. m.

The Speaker called the House to order.

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JOURNAL OP THE HOUSE,

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

SB 1. By Senators Sanders of the 18th, Smalley of the 26th, and others:
A Bill to be entitled an Act to provide for the reapportionment of the State Senate; and for other purposes.

The Speaker announced the House recessed until 1:30 p. m.

1:30 p. m.

The House was called to order by the Speaker.

Consideration of SB 1 was resumed.

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. Killian and Flexer of Glynn, Smith of Emanuel and others: A Bill to amend the State Toll Bridge Authority Act so as to change the composition of the membership; and for other purposes.
The following amendment was read and adopted:
Rules Committee moves to amend SB 1, as follows:
By striking from Section 9 the composition and description of Senatorial Districts 26 and 27, and inserting in lieu thereof the fol lowing :
"26. That portion of Bibb County, more particularly described as follows:
All that portion of Bibb County lying East and North of a line commencing on the South county line where U. S. Highway

THURSDAY, OCTOBER 4, 1962

49

41 crosses the county line and then going North along U. S. High way 41 to the point where it intersects Pio Nono Avenue, con tinuing North along Pio Nono Avenue to the point where it is intersected by Newberg Avenue, East along Newbery Avenue to the point where it intersects Houston Avenue; thence Northeast along Houston Avenue to the point where it intersects Broadway, Northeast along Broadway to the point where it intersects River side Drive; thence Northwest along Riverside Drive to the point where it intersects Forrest Avenue; thence Southwesterly along Porrest Avenue to the point where it intersects Vineville Avenue; thence Northwesterly along Vineville Avenue, which is also U. S. Highway 41, and continuing along U. S. Highway 41 to the Monroe County Line.
27. That portion of Bibb County, more particularly described as follows:
All that portion of Bibb County lying West and South of a line commencing on the South county line where U. S. Highway 41 crosses the county line and then going North along U. S. High way 41 to the point where it intersects Pio Nono Avenue, continuing North along Pio Nono Avenue to the point where it is intersected by Newberg Avenue, East along Newberg Avenue to the point where it intersects Houston Avenue; thence Northeast along Hous ton Avenue to the point where it intersects Broadway, Northeast along Broadway to the point where it intersects Riverside Drive; thence Northwest along Riverside Drive to the point where it inter sects Forrest Avenue; thence Southwesterly along Forrest Avenue to the point where it intersects Vineville Avenue; thence North westerly along Vineville Avenue, which is also U. S. Highway 41, and continuing along U. S. Highway 41 to the Monroe County Line."

The following amendment was read and lost:
The Rules Committee moves to amend Section 3 of SB 1 by insert ing after the first sentence of Section 3 the following:
"In the event only one person qualifies as a candidate in any Senatorial District, it shall not be necessary to hold the special primary herein provided for in such District, and the proper offi cials of the party shall be authorized to declare the person so qualifying to be the party nominee for the office of Senator in such District."

The following amendment was read and adopted:
The Rules Committee moves to amend SB 1 as follows: SECTION 9
By striking in its entirety Sub-Section 4 and inserting in lieu thereof the following:

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JOURNAL OF THE HOUSE,

"Sub-Section 4. Screven, Effingham, Bulloch, Candler, Evans and Tattnall."

Messrs. Arnsdorff of Effingham and Parker of Screven requests that the Journal show them as voting nay on the adoption of the amendment to Sub section 4.

The following amendments were read:
The Rules Committee moves to amend Section 9 of SB 1 as follows:
By striking in its entirety Sub-Section 5 and inserting in lieu thereof the following:
"Sub-Section 5. Bryan, Liberty, Long, Mclntosh and Glynn."
By striking in its entirety Sub-Section 6 and inserting in lieu thereof the following:
"Sub-Section 6. Appling, Bacon, Wayne, Pierce, Brantley, Charlton and Camden."
The following amendments to the Rules Committee amendment were read and lost:
Mr. Killian of Glynn moves to amend the Rules Committee amend ment to SB 1, as follows:
(1) By striking in its entirety Paragraph 2 of Section 9 of said Rules Committee amendment and inserting in lieu thereof the following:
"Sub-Section 5. Bryan, Liberty, Mclntosh and Glynn."
(2) By striking in its entirety Paragraph 3 and inserting in lieu thereof the following:
"Sub-Section 6. Appling, Bacon, Wayne, Pierce, Brantley, Charlton, Camden and Long."

The Rules Committee amendment to Sub-section 5 was adopted.
The following amendment to the Rules Committee amendment was read and adopted.
Connor of Jeff Davis moves to amend the House Rules Committee amendment to SB 1 as follows:

THURSDAY, OCTOBER 4, 1962

51

Section (9) by striking in its entirety Sub-section (6) and insert ing in lieu thereof the following:

"Sub-section (6) Jeff Davis, Appling, Bacon, Wayne, Pierce, Brantley, Charlton and Camden."

The following amendments were read:
The Rules Committee moves to amend Section 9 of SB 1 as follows:
By striking in its entirety Sub-section 8 and inserting in lieu thereof the following:
"Sub-section 8. Berrien, Brooks, Lowndes and Echols."
By striking in its entirety Sub-section 9 and inserting in lieu thereof the following:
"Sub-section 9. Tift, Colquitt and Cook."

The following amendments to the Rules Committee amendments were read and adopted:
Matthews and Newton of Colquitt moves to amend the Rules Com mittee Amendment to SB 1 as follows:
By striking from said Amendment to Section 9 of said Bill the following:
"By striking in its entirety Sub-section 8 and inserting in lieu thereof the following:
" 'Sub-section 8. Berrien, Brooks, Lowndes and Echols.'"
"By striking in its entirety Sub-section 9 and inserting in lieu thereof the following:
" 'Sub-section 9. Tift, Colquitt and Cook.' "

The following amendments were read and adopted:
The Rules Committee moves to amend Section 9 of SB 1 as follows:
By striking in its entirety Sub-section 20 and inserting in lieu thereof the following:
"Sub-section 20. Johnson, Laurens, Treutlen, Wheeler, Mont gomery and Toombs."

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JOURNAL OF THE HOUSE,

By striking in its entirety Sub-section 21 and inserting in lieu thereof the following:

"Sub-section 21. Emanuel, Jenkins, Burke and Jefferson."

By striking in its entirety Sub-section 24 and inserting in lieu thereof the following:

"Sub-section 24. Wilkes, Lincoln, Columbia, McDuffie, Glascock, Warren, Taliaferro and Greene."

The following amendments were read:
The Rules Committee moves to amend Section 9 of SB 1 as follows:
By striking in its entirety Sub-section 25 and inserting in lieu thereof the following:
"Sub-section 25. Hancock, Baldwin, Washington and Wilkinson."
By striking in its entirety Sub-section 45 and inserting in lieu thereof the following:
"Sub-section 45. Jones, Putnam, Jasper, Morgan, Newton, and Walton."

The following amendments to the Rules Committee amendments were read and adopted:
Roberts of Jones moves to amend the House Rules Committee amendment to SB 1, as follows:
(1) By striking in its entirety paragraph (9) of said Rules Com mittee Amendment and inserting in lieu thereof the following:
"Sub-section 25. Hancock, Baldwin, Washington, Wilkinson and Jones."
(2) By striking in its entirety paragraph (10) and inserting in lieu thereof the following:
"Sub-section 45. Putnam, Jasper, Morgan, Newton and Wal ton."

The following amendment was read and adopted: The Rules Committee moves to amend Section 9 of SB 1 as follows:

THURSDAY, OCTOBER 4, 1962

53

By striking in its entirety Sub-section 46 and inserting in lieu thereof the following:

"Sub-section 46. Oconee, Clarke, Madison and Oglethorpe."

The following amendments were read:
The Rules Committee moves to amend Section 9 of SB 1 as follows:
By striking in its entirety Sub-section 47 and inserting in lieu thereof the following:
"Sub-section 47. Stephens, Franklin, Hart and Elbert."
By striking in its entirety Sub-section 48 and inserting in lieu thereof the following:
"Sub-section 48. Banks, Jackson, Barrow and Gwinnett."

The following amendments to the Rules Committee amendments were read:
Matthews and Newton of Colquitt moves to amend the Rules Com mittee Amendments to Section 9 of SB1 as follows:
"By striking in its entirety Sub-section 47 and inserting in lieu thereof the following:
" 'Sub-section 47. Stephens, Franklin, Hart and Elbert.
"By striking in its entirety Sub-section 48 and inserting in lieu thereof the following:
" 'Sub-section 48. Banks, Jackson, Barrow and Gwinnett.' "

On the adoption of the Rules Committee Amendments as amended, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Andrews of Hall Bolton Brooks of Fulton Clark of Catoosa Davis Floyd Hale Jones of Worth Kimmons

Loggins Lovett Matthews of Colquitt Melton Miller Morgan Payton Pickard Potts

Purcell Ross Sheffield Smith of Brantley Story Wickham Williams of Coffee Williams of Hall

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JOURNAL OF THE HOUSE,

Those voting in the negative were Messrs.:

Abney Adams Andrews of Stephens Barber Barnett of Wilkes Birdsong Black Blalock Boggs Bowen of Randolph Boyett Branch Brooks of Oglethorpe Brown Budd Busbee Bynum Chandler Clarke of Monroe Cloer Cocke Coker Cox Crawford Culpepper Dickey Dieus Dixon Dorminy Doster Duncan of Fannin Duncan of Carroll Dunn Flexer Fordham Fowler of Douglas Funk Fuqua Hall of Lee Harrell

Hill Horton Howard Hurst Joiner Jones of Liberty Jones of Lumpkin Keadle Kelly Keyton Kidd Killian Killingsworth King Kirkland Knight of Laurens Lane Lee of Clinch Lee of Clayton Lewis of Wilkinson Lewis of Burke Lokey Lowrey Mackay Massee Matthews of Clarke McCracken McCutchen McDonald Milhollin Mixon Moate Moore Moorman
Morris Ne Smith Odom Otwell Pannell Paris

Farmer Pelham Pennington Phillips of Columbia Phillips of Bibb Rainey Rowland Rutland Shuman Simmons Simpson Sinclair Singer Smith of Habersham Smith of Whitfield Steis Tabb Taylor of Dawson Taylor of Bibb Teague Todd Tucker Undercofler 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 Willingham Wilson Woodward Young

Those not voting were Messrs.:

Akins Arnsdorff Bagby Ballard Barnett of Baker Barrett Baughman Bowen of Toombs Bozeman Brackin

Brantley Caldwell Chance Collins Conner Crowe Deen Dollar Echols Fitzgerald

Fleming Flynt Fowler of Treutlen Greene Hall of Floyd Henderson Hull Johnson Jones of Sumter Jordan

THURSDAY, OCTOBER 4, 1962

55

Knight of Berrien Lambert Langford McClelland McGarity Moss Mullis Murphy Newton Parker

Phillips of Walton Poole Ratliff Raulerson Roberts Rodgers Roper Sangster Scarborough Scoggin

Smith of Grady Smith of Pulton Stevens Strickland Stuckey Thorn ton Twitty Vaughn Watson Mr. Speaker

On the adoption of the amendments to the Rules Committee's amendments, the ayes were 26, nays 118, and the amendments to the amendments were lost.

On the adoption of the Rules Committee's amendments, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Barber Barnett of Wilkes Blalock Boggs Bolton Bowen of Randolph Brackin Brooks of Oglethorpe Brooks of Fulton Brown Budd Busbee Chance Clark of Catoosa Cloer Cox Crawford Culpepper Dixon Dollar Dorminy Flexer Floyd Fordham Fowler of Douglas Funk Hall of Floyd Harrell Hill Hurst Jones of Sumter

Kidd Killian Killingsworth King Kirkland Knight of Berrien Lambert Lane Lewis of Wilkinson Lewis of Burke
Lokey Lovett Lowrey Mackay Matthews of Clarke McClelland McDonald Milhollin Moate Moore Moss Odom Otwell Paris Parker Farmer Pelham Pennington Phillips of Columbia Phillips of Bibb

Pickard Rainey Ratliff Rodgers Sangster Scoggin Shuman Simmons Simpson Smith of Fulton Smith of Habersham Strickland Stuckey Taylor of Bibb Todd Tucker
Undercofler Underwood of Taylor Vaughn Walker of Lowndes Wells of Peach Wells of Oconee Wells of Camden White Wickham Wilkes Williams of Coffee Willingham Wilson

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JOURNAL OF THE HOUSE,

Those voting in the negative were Messrs.:

Abney Adams Andrews of Stephens Barrett Birdsong Black Branch Bynum Clarke of Monroe Cocke Davis Dickey Dicus Doster Duncan of Pannin Duncan of Carroll Dunn Greene Hall of Lee Horton

Howard Joiner Jones of Liberty Keadle Kelly Kimmons Knight of Laurens Lee of Clayton Massee Matthews of Colquitt McCracken McCutchen Miller Mixon Moorman Morgan Morris NeSmith Newton Pannell

Pay ton Poole Purcell Ross Sheffield Sinclair Singer Smith of Brantley Smith of Whitfield Steis Story Tabb Taylor of Dawson Teague Waldrop Ware Williams of Hall Woodward Young

Those not voting were Messrs.:

Akins Andrews of Hall Arnsdorff Bagby Ballard Barnett of Baker Baughman Bowen of Toombs Boyett Bozeman Brantley Caldwell Chandler Coker Collins Conner Crowe Deen

Echols Fitzgerald Fleming Flynt Fowler of Treutlen Fuqua Hale Henderson Hull Johnson Jones of Worth Jones of Lumpkin Jordan Keyton Langford Lee of Clinch McGarity Melton

Mullis Murphy Phillips of Walton Raulerson Roberts Roper Rowland Rutland Scarborough Smith of Grady Stevens Thornton Twitty Underwood of
Montgomery Walker of Telfair Watson Mr. Speaker

On the adoption of the Rules Committee's amendments, the ayes were 91, nays 60, and the amendments were adopted.

The following amendment was read:
Underwood of Montgomery moves to amend SB 1 by renumbering Section 12 as Section 13 and by inserting a new Section 12 to read as follows:

THURSDAY, OCTOBER 4, 1962

57

"Section 12. Nothing herein shall be construed as an expres sion of intention by the General Assembly of Georgia to apportion both Houses thereof according to population, rather, the General Assembly hereby expressly declares its intention to be that the Senate of Georgia be apportioned on population and that the House be apportioned on geography."

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Akins Arnsdorff Ballard Barber Barnett of Wilkes Barnett of Baker Barrett Baughman Birdsong Black Blalock Boggs Bowen of Randolph Boyett Brackin Branch Brantley Brooks of Oglethorpe Brooks of Wilson. Brown Budd Busbee Bynum Caldwell Chance Cloer Coker Collins Conner Cox Crowe Culpepper Davis Been Dollar Dorminy Doster Duncan of Fannin Duncan of Carroll Dunn

Echols Fleming Flexer Flynt Fowler of Douglas Fowler of Treutlen Funk Greene Hale Hall of Lee Harrell Henderson Hill Horton Howard Hull Hurst Johnson Joiner Jones of Worth Jones of Sumter Jordan Keadle Kelly Killian Killingsworth Kimmons King Kirkland Knight of Laurens Knight of Berrien Lambert Langford Lee of Clinch Lewis of Wilkinson Lewis of Burke Lokey Lovett Massee Matthews of Clarke Matthews of Colquitt

McClelland McCracken McCutchen McDonald McGarity Milhollin Miller Mixon Moate Moore Moorman Morgan Morris Moss Mullis Murphy NeSmith Newton Otwell Pannell Paris Parker Farmer Payton Pelham Pennington Phillips of Columbia Poole Potts Purcell Rainey Raulerson Rodgers Ross Rowland Sangster Sheffield Shuman Simmons Sinclair Singer

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JOURNAL OP THE HOUSE,

Smith of Grady Smith of Fulton Smith of Habersham Smith of Whitfield Steis Story Strickland Stuckey Tabb Taylor of Dawson

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 Wells of Camden White Wilkes Williams of Coffee Woodward Young

Those voting in the negative were Messrs.:

Abney Andrews of Hall Bolton Chandler Crawford Dickey Dicus Dixon Fuqua Hall of Floyd Jones of Lumpkin

Keyton Kidd Lee of Clayton Lowrey Mackay Melton Odom Phillips of Bibb Pickard Ratliff Rutland

Scoggin Smith of Brantley Taylor of Bibb Teague Thornton Wickham Williams of Hall Willingham Wilson

Those not voting were Messrs.:

Andrews of Stephens Bagby Bowen of Toombs Bozeman Clark of Catoosa Cocke

Fitzgerald Floyd Jones of Liberty Lane Logging Phillips of Walton

Roberts Roper Scarborough Stevens Watson Mr. Speaker

On the adoption of the amendment, the ayes were 155, nays 31, and the amendment was adopted.

The following amendment to SB 1 was read and adopted: Messrs. Pickard, Wickham, and Dicus of Muscogee moves to amend
Section 9 of SB 1: By changing district 15 to district 16 and changing district 16
to district 15.
The following amendment was read: Culpepper of Talbot moves to amend SB 1 by striking from the

THURSDAY, OCTOBER 4, 1962

59

end of the paragraph next preceding the last paragraph of Section nine on page 19 the following language; to wit:

"except that the Senators from these Senatorial Districts con sisting of less than one County shall be elected by all the voters of the county in which such Senatorial District is located."

so that said paragraph as amended will read as follows:

"Each Senator must be a resident of his own Senatorial Dis trict and shall be elected by the voters of his own District."

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 Akins Bagby Barrett
Boyett Brooks of Oglethorpe Brown Budd Bynum Caldwell Cocke Coker Cox Culpepper Dollar Dunn Echols Floyd

Flynt Funk Horton Johnson Keadle Kelly Keyton Killingsworth King Knight of Berrien Lambert Lane Lee Matthews of Colquitt McCracken Moate Moss Murphy Ne Smith

Paris Pelham Pennington Rainey Raulerson Roberts Rodgers Ross Sheffield Singer Smith of Brantley Smith of Fulton Smith of Habersham Taylor of Dawson Teague Todd Willingham Wilson Woodward

Those voting in the negative were Messrs.:

Adams Andrews of Hall Andrews of Stephens Ballard Barber Barnett of Wilkes Black Blalock Bolton Bowen of Randolph Branch

Brantley Brooks of Fulton Busbee Chance Chandler Clark of Catoosa Clarke of Monroe Cloer Collins Conner Crawford

Crowe Dickey Dicus Dixon Dorminy Doster Duncan of Fannin Duncan of Carroll Fleming Flexer Fowler of Douglas

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JOURNAL OF THE HOUSE,

Fowler of Treutlen Fuqua Greene Hale Hall of Lee Hall of Floyd Harrell Henderson Hill Howard Hull Hurst Joiner Jones of Liberty Jones fo Worth Jones of Lumpkin Jones of Sumter Jordan Kidd Killian Kimmons Kirkland Knight of Laurens Lee of Clayton Lewis of Wilkinson Lewis of Burke Loggins Lokey Lovett Lowrey Mackay

Massee Matthews of Clarke McClelland McCutchen McDonald McGarity Melton Milhollin Miller Moore Moorman Morgan Morris Mullis Newton Odom Otwell Pannell Parker Farmer Payton Phillips of Columbia Phillips of Bibb Pickard Poole Potts Ratliff Roper Rowland Rutland Sangster

Scoggin Simmons Simpson Sinclair Smith of Grady Smith of Whitfield Steis Story Strickland Stuckey Tabb Taylor of Bibb Thornton Tucker Twitty Undercofler Underwood of
Montgomery Underwood of Taylor Vaughn Waldrop Walker of Telfair Ware Wells of Oconee Wells of Camden Wickham Wilkes Williams of Coffee Williams of Hall Young

Those not voting were Messrs.:

Arnsdorff Barnett of Baker Baughman Bow-en of Toombs Bozeman Brackin Davis Deen

Fitzgerald Fordham Langford Mixon Phillips of Walton Purcell Scarborough Shuman

Stevens Walker of Lowndes Watson Wells of Peach White Mr. Speaker

On the adoption of the amendment, the ayes were 58, nays 124, and the amendment lost.

On the adoption of Mr. Culpepper's amendment, Mr. Fordham of Bulloch requested that the Journal show him as voting aye, and Mr. Mixon of Irwin requested that the Journal show him as voting nay.
The following amendments were read and adopted:
Messrs. Crawford, Dickey, and Funk of Chatham moves to amend SB 1 as follows:

THURSDAY, OCTOBER 4, 1962

61

By striking from Section 9 in the description of Senatorial District No. 2 the following:

"then in a southwesterly direction along the centerline of the Wilmington River to its intersection with the projection of the centerline of the corporate limits of the town of Thunderbolt; then in a westerly direction along the centerline of the corporate limits of the town of Thunderbolt back to its intersection with the centerline of the Wilmington River;"

and inserting in lieu thereof the following:

"then in a southwesterly direction along the centerline of the Wilmington River to its intersection with the projection of the northern line of the corporate limits of the town of Thunderbolt; then in a westerly direction along said northern line and in a southerly direction and in a easterly direction along the contour of the line representing the corporate limits of the town of Thunder bolt to a point where the southern line of the corporate limits of the town of Thunderbolt projected again intersects with the center line of Wilmington River;"

Conner of Jeff Davis moves to amend SB 1 as follows:

By striking in its entirety Sub-section 19 of Section 9 and insert ing in lieu thereof the following:

"(19) Bleckley, Dodge, Pulaski, Telfair, Dooly and Wilcox.

The following amendment was read:
Baughman of Early moves to amend SB 1, as follows:
By striking from the title of said bill the statement, which reads as follows:
"to provide the procedure for the nomination and election of State Senators for the 1963-64 Term;"
By striking from the title of said Act the statement, which reads as follows:
"to amend an Act providing for absentee voting by members of the military, approved February 26, 1953 (Ga. Laws 1953, Jan.Feb. Sess., p. 244), as amended, so as to provide the date on which future primaries for the nomination of State Senators shall be held;"
By striking from the title of said Act the statement, which reads as follows:

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JOURNAL OF THE HOUSE,

"to provide for the suspension of certain laws and the appli cability of certain provisions of this Act;"

By striking in its entirety Section 3 of said Act.

By re-numbering Section 4 as Section 3.

By re-numbering Section 5 as Section 4.

By re-numbering Section 6 as Section 5.

By striking in its entirety Section 7 of said Act.

By re-numbering Section 8 as Section 6.

By re-numbering Section 9 as Section 7.

By re-numbering Section 10 as Section 8.

By striking in its entirety Section 11 of said Act.

By inserting a new Section to be known as Section 9, and to read as follows:

"Section 9. The provisions of this Act shall apply to members of the Senate elected for the 1965-66 Term. The distribution and composition of the Senatorial Districts as indicated in Section 7 of this Act shall be applicable and effective for the regular session of the General Assembly beginning in January of 1965." By re-numbering Section 12 as Section 10.

On the adoption of the amendment, the roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Messrs.:

Baughman Brackin Budd Dollar Hill Hurst Knight of Berrien Lambert

Lewis of Burke McCracken Mixon Moate Morris Ne Smith Raulerson Ross

Sheffield Smith of Brantley Smith of Fulton Smith of Habersham Tabb Young

Those voting in the negative were Messrs.:

Abney Adams

Akins Andrews of Hall

Andrews of Stephens Bagby

THURSDAY, OCTOBER 4, 1962

63

Ballard Barber Barnett of Wilkes Barnett of Baker Barrett Birdsong Black Blalock Boggs Bolton Bowen of Randolph Boyett Branch Brantley Brooks of Oglethorpe Brooks of Pulton Brown Busbee Bynum Chance Chandler Clark of Catoosa Clarke of Monroe Cloer Coker Conner Cox Crawford Crowe Culpepper Davis Been Dickey Dicus Dixon Dorminy Doster Duncan of Fannin Duncan of Carroll Dunn Echols Fleming Flexer Floyd Fordham Fowler of Douglas Funk

Fuqua Greene Hale Hall of Lee Hall of Floyd Harrell Henderson Horton Howard Hull Joiner Jones of Liberty Jones of Worth Jones of Lumpkin Jones of Sumter Jordan Keadle Kelly Keyton Kimmons King Kirkland Lane Lee of Clinch Lee of Clayton Lewis of Wilkinson Loggins Lokey Lowrey Mackay Matthews of Clarke Matthews of Colquitt McClelland McCutchen McDonald Melton Milhollin Miller Moore Morgan Moss Murphy Newton Odom Pannell Parker Farmer

Payton Pennington Phillips of Columbia Phillips of Bibb Pickard Poole Potts Rainey Ratliff Roberts Rodgers Roper Rowland Rutland Sangster Scoggin Shuman Simmons Simpson Sinclair Smith of Grady Smith of Whitfield Steis Story Stricklarid Stuckey Taylor of Dawson Taylor of Bibb Teague Thornton Twitty Undercofler Underwood of
Montgomery Vaughn Waldrop Walker of Lowndes Ware Wells of Peach Wells of Oconee Wells of Camden Wickham Williams of Coffee Williams of Hall Willingham Wilson Woodward

Those not voting were Messrs.:

Arnsdorff Bowen of Toombs Bozeman Caldwell

Cocke Collins Fitzgerald Flynt

Fowler of Treutlen Johnson Kidd Killian

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JOURNAL OF THE HOUSE,

Killingsworth Knight of Laurens Langford Lovett Massee McGarity Moorman Mullis

Otwell Paris Pelham Phillips of Walton Purcell Scarborough Singer Stevens

Todd Tucker Underwood of Taylor Walker of Telfair Watson White Wilkes Mr. Speaker

On the adoption of the amendment, the ayes were 22, nays 146, and the amendment 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, 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.

Abney Adams Akins Andrews of Stephens Andrews of Hall Bagby Ballard Barber Barnett of Wilkes Barnett of Baker Barrett Baughman Birdsong Black Blalock Boggs Bowen of Eandolph Boyett Brackin Branch Brantley Brooks of Oglethorpe

Brooks of Fulton Brown Budd Busbee Caldwell Chance Chandler Clark of Catoosa Clarke of Monroe Cloer Coker Conner Cox Crawford Crowe Davis Deen Dickey Dicus Dixon Dollar Doster

Duncan of Fannin Duncan of Carroll Dunn Echols Fleming Flexer Floyd Flynt Fowler of Douglas Fowler of Treutlen Funk Fuqua Greene Hale Hall of Lee Hall of Floyd Harrell Henderson Hill Horton Howard Hull

THURSDAY, OCTOBER 4, 1962

65

Hurst Joiner Jones of Liberty Jones of Worth Jones of Lumpkin Jones of Sumter
Jordan Keadle Kelly Keyton Kidd Killings-worth
Kimmons Kirkland Knight of Laurens
Lane Lee of Clinch Lee of Clayton Lewis of Wilkinson Lewis of Burke Loggins Lokey Lovett Lowrey Mackay Massee Matthews of Clarke Matthews of Colquitt McClelland McCracken McCutchen McDonald McGarity Melton Milhollin Miller Mixon

Moate Moore Morgan Morris Moss Mullis Murphy NeSmith Newton Odoni Otwell Pannell Paris Farmer Pay ton Pelham Pennington Phillips of Columbia Phillips of Walton Phillips of Bibb Pickard Poole Potts Rainey Ratliff Roberts Roper Ross Rowland
Rutland Sangster Scoggin Sheffield Shuman Simmons Simpson Sinclair

Singer
Smith of Grady Smith of Fulton Smith of Whitfield Steis Stevens Story Strickland Stuckey Tabb Taylor of Dawson Taylor of Bibb
Teague Thornton 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 Wickham Williams of Coffee Williams of Hall Willingham Wilson Woodward Young

Those voting in the negative were Messrs.:

Bynum Collins Culpepper Johnson King

Knight of Berrien Lambert Langford Moorman Parker

Raulerson Rodgers Smith of Brantley Smith of Habersham Wilkes

Those not voting were Messrs.:

Arnsdorff Bolton Bowen of Toombs Bozeman Cocke

Dorminy Fitzgerald Fordham Killian
Purcell

Scarborough Todd Watson Mr. Speaker

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JOURNAL OP THE HOUSE,

On the passage of the Bill, as amended, the ayes were 175, nays 15.

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

The following members requested that the Journal show them as having voted aye: Messrs. Bolton of Spalding, Pordham of Bulloch, Parker of Screven, Dorminy of Ben Hill, Killian of Glynn, Purcell of Franklin.

Mr. Smith of Habersham requested that the following be shown in the Jour nal as an explanation for his vote on SB 1:
In order that the republican form of Government and the demo cratic processes of a free society might function in the best interest of its citizenry, it is necessary that the legislative branch be composed of two houses. One house should be based on population but the other should be based on geography. This gives protection to the minority as well as the majority.
Inasmuch as this session has not considered the minority or its interests, I feel that to support this measure would be tantamount to partially disfranchising my people of Habersham County to whom I am responsible and whose interests I am obligated to protect.
Therefore, I am today casting my vote against SB 1.
/s/ Richard Russell Smith Representative, Habersham Co.

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 4. By Senators Waters of the 41st and Smalley of the 26th and others:
A Resolution proposing an amendment to the Constitution so as to provide for the number and terms of the members of the Senate of the State of Georgia; and for other purposes.

The following Resolution was read and adopted:

THURSDAY, OCTOBER 4, 1962

67

HR 17. By Mr. Hurst of Quitman:

A RESOLUTION

Proposing a name for the lake created by the building of the Walter P. George Dam; and for other purposes.

WHEREAS, the citizens of the sovereign State of Georgia are now engaged in a hot controversy with the citizens of the sovereign State of Alabama over the naming of the lake created by the erection of the Walter P. George Dam in Southwestern Georgia; and

WHEREAS, the Army Corps of Engineers has decreed that the lake should be named quickly in order that they might erect signs indicating the same; and

WHEREAS, the bridge across said dam has been named the Rich ard B. Russell Bridge; and

WHEREAS, the causeway has been named the S. Ernest Vandiver Causeway; and

WHEREAS, in searching for a name for said lake the members of the General Assembly have taken into consideration great and momen tous deeds done by one of our younger citizens; and

WHEREAS, we have a man who has contributed much to the State and whose name should be etched forever in the memories of all native sons of Georgia; and

WHEREAS, the naming of such lake for this gentleman will, we know, be wholeheartedly accepted by the people of Georgia, and by the people of the State of Alabama, wherein a portion of the lake lies; and

WHEREAS, to commemorate a new era in Georgia's history;

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the lake formed by the erection of the Walter F. George Dam be named Lake Carl Sanders.

By unanimous consent, the following Resolution of the Senate was read the first time and referred to the Committee:

SR 4. By Senators Waters of the 41st and Smalley of the 26th:
A Resolution proposing an amendment to the Constitution, so as to provide for the number and terms of the members of the Senate of the State of Georgia; and for other purposes.
Referred to the Committee on Special Judiciary.

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JOURNAL OF THE HOUSE,

Mr. Baughman of Early moved that the House reconsider its action in adopt ing HE 17.

The motion prevailed.

The following Resolutions were read and adopted:

HR 18. By Mr. Smith of Emanuel:
A RESOLUTION
BE IT RESOLVED BY THE HOUSE OP REPRESENTATIVES that HR 5 read and adopted September 27, 1962 be amended so as to read three (3) round trips in lieu of two (2) round trips.

HR 19. By Messrs. Caldwell and Echols of Upson and Underwood of Taylor:
A RESOLUTION
Urging the Georgia Congressional Delegation to support the pro posed authorization of the Flint River Development Project; and for other purposes.
WHEREAS, the Congress of the United States has before it a Bill to authorize an appropriation for the purpose of financing the Flint River Development Project; and
WHEREAS, several members of the Congressional Delegation from Georgia including Representative Flynt of the 4th District and Sena tors Russell and Talmadge are vitally interested in obtaining authoriza tion of the Project during this term of Congress; and
WHEREAS, this Project is of vital importance not only to that part of Georgia through which the Flint River flows but also to the State at large; and
WHEREAS, an expression by the General Assembly of Georgia of its desire to have such legislation enacted by the Congress of the United States would be most helpful to the members of the Georgia Congressional Delegation as an expression of the will of the people.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body does request that the Georgia Delegation in the United States Congress exert its influence and do everything within its power to obtain Congressional authorization for the construction of the approved Flint River Project.

THURSDAY, OCTOBER 4, 1962

69

BE IT FURTHER RESOLVED that the Clerk of the House be instructed to transmit suitable copies of this Resolution to the mem bers of the Georgia Delegation to the United States Congress.

Mr. Twitty of Mitchell moved that the House do now adjourn until 10:00 a. m., tomorrow morning, and the motion prevailed.

The Speaker announced the House adjourned until 10:00 a. m., tomorrow morning.

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JOURNAL OF THE HOUSE,

Representative Hall, Atlanta Georgia Friday, October 5, 1962

The House met pursuant to adjournment this day at 10:00 a.m., and was called to order by the Speaker.

Prayer was offered by the Chaplain, Mr. John D. Burden, Elder of Primitive Baptist Church, Swainsboro, Georgia, as follows:
"I will lift up mine eyes unto the hills, from whence cometh my help. My help cometh from the Lord which made heaven and earth."
Without Thee, Father, we could not face the problems of life. We are weak but Thou art strong. We have no righteousness to plead. If Thou dost see any righteousness in us, it was given by Jesus. Thou didst make Him to be sin for us that we might be made the righteous ness of God in Him.
We do thank thee for this Savior. We are glad He died for us.
We are so thankful that Thou didst choose us in Him before the foundation of the world that we should be holy and without blame before Thee in love.
Help us day by day to reflect the glory of our salvation in our lives--not by our works but by the grace of God.
0 Lord, walk with us this day. May we have hearts and disposi tions that make labor a joy and serving others a sacred privilege.
Grant these blessings with the forgiveness of our sins for the sake of the One who died for us--Jesus Christ.
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.

FRIDAY, OCTOBER 5, 1962

71

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. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third Reading 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 Resolution of the Senate was read the second time.

SR 4. By Senators Waters of the 41st and Smalley of the 26th:
A Resolution proposing an amendment to the Constitution, so as to pro vide for the number and terms of the members of the Senate of the State of Georgia; and for other purposes.

By unanimous consent, the following report of the Committee on Special Judiciary was submitted and read:

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 Resolution of the Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:

SR 4. Do Pass.

Respectfully submitted, Bolton of Spalding, Chairman.

The following Resolutions of the House were read and adopted:

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JOURNAL OP THE HOUSE,

HE 20. By Messrs. Miihollin and Williams of Coffee:

A RESOLUTION

Commending Robert William Lord; and for other purposes.

WHEREAS, each year two high school students from the State of Georgia are selected to visit the Senate of the United States to participate in the Senate Youth Program; and

WHEREAS, the students chosen and nominated for such honor are of the highest character in civic, social and scholastic achievement; and

WHEREAS, Robert William Lord has been chosen to vie for this honor from Coffee County; and

WHEREAS, Robert William Lord has an outstanding record being in the first tenth of his class, being a football player, and the Presi dent of his Senior Class; and

WHEREAS, Mr. Lord has participated in the Boys State Program; and

WHEREAS, such accomplishments should not go unheeded;

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OP REPRESENTATIVES that this body does congratulate Robert Wil liam Lord on his outstanding record and on his being chosen to com pete for the United States Senate Youth Program, and expresses its best wishes for his success in later life;

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives be instructed to transmit suitable copies of this reso lution to Robert William Lord and his mother, Mrs. William F. Lord, of Ambrose, Coffee County, Georgia.

HR 21. By Mr. Simmons of Banks:
A RESOLUTION
Expressing regrets at the death of Mr. Robert E. Lyon; and for other purposes.
WHEREAS, it is with a great deal of sadness that we learn of any Georgian's death, but more especially saddening to hear of the untimely demise of a younger resident of this State, someone whose futures is bright and whose prospects for a full and rich life are un limited; and

FRIDAY, OCTOBER 5, 1962

73

WHEREAS, this body has been apprized of the recent tragic death of Robert E. Lyon of Homer, Banks County, Georgia; and

WHEREAS, Robert Lyon was a distinguished citizen who by his acts and deportment showed great promise of a successful and publicspirited life; and

WHEREAS, the House realizes the great sorrow and grief being borne by Robert Lyon's parents; and

WHEREAS, the House recognizes the outstanding service given to his county and State by Robert Lyon's father, Emmett F. Lyon, County Agent of Banks County;

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body offers its most sincere condol ences to the family of Robert Lyon.

BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a copy of this Resolution to Mr. Robert Lyon's parents, Mr. and Mrs. Emmett F. Lyon.

Mr. Twitty of Mitchell moved that the House do now adjourn until 11:00 a. m., Monday morning, and the motion prevailed.

The Speaker Pro Tempore, Honorable Robert Scoggin, announced the House adjourned until 11:00 a. m. Monday morning.

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JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia Monday, October 8, 1962

The House met pursuant to adjournment this day at 11:00 a. m., and was called to order by the Speaker.

Prayer was offered by the Chaplain, Mr. John D. Burden, Elder of the Primitive Baptist Church, Swainsboro, Georgia, as follows:
O Lord, Our God--Thou, who hast made the heavens and the earth and who hast such illimitable power that Thou art able to uphold us on the land, on the sea, and in the wide space beyond. We praise thy holy name for every manifestation of thy love. We thank Thee for Thy son--Jesus Christ, for His life, for His doctrines, for His examples, for His death, for His resurrection, for His ascension, for His life with Thee as our mediator, as our advocate; He is our priest, our potentate, our king. Be with us in our efforts to humbly follow Him in the light of His love, having fellowship with each other.
Father, we thank Thee for Thy blessings upon this General As sembly and for the spirit of co-operation among our speaker, lieutenant governor, members of House of Representatives and Senate, our gov ernor and our governor-elect. It was because of the leadership of Thy Holy Spirit that enabled these, thy servants, to complete their great work. Now, Father, as we adjourn, and return to our homes, grant that we may have the leadership of Thy Holy Spirit and may we reflect the glory of God in our lives as we realize that we are Thy workman ship created in Christ Jesus unto good works which God hath before ordained that we should walk in them. Forgive our sins, walk with us throughout this life and at last save us to Thyself in glory--for Jesus' sake.
Amen

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

Abney Adams Akins Andrews of Stephens Andrews of Hall Arnsdorff Bagby Ballard Barber Barnett of Wilkes Barnett of Baker Barrett Baughman

Birdsong Black Blalock Boggs Bowen of Randolph Bowen of Toombs Boyett Bozeman Brackin Branch Brantley Brooks of Oglethorpe Brooks of Fulton

Brown Budd Busbee Bynum Caldwell Chance Chandler Clark of Catoosa Clarke of Monroe Cloer Cocke Coker Collins

MONDAY, OCTOBER 8, 1962

75

Conner Cox Crawford Crowe Davis Deen Dickey Dicus Dixon Dollar Dorminy Duncan of Fannin Duncan of Carroll Dunn Echols Fleming F lexer Floyd Flynt Fordham Fowler of Douglas Fowler of Treutlen Funk Fuqua Greene Hale Hall of Lee Hall of Floyd Harrell Henderson Hill Horton Hull Hurst Johnson Joiner Jones of Liberty Jones of Worth Jones of Lumpkin Jones of Sumter Keadle Kelly Keyton Kidd Killian Killingsworth King Kirkland Knight of Laurens Knight of Berrien

Lambert Lane Langford Lee of Clinch Lee of Clayton Lewis of Wilkinson Lewis of Burke Loggins Lokey Lovett Lowrey Mackay Massee Matthews of Clarke Matthews of Colquitt McClelland McCracken McCutchen McDonald Melton Milhollin Miller Mixon Moate Moore Morgan Morris Moss Mullis Murphy NeSmith Newton Odom Otwell Pannell Paris Parker Farmer Payton Pelham Pennington Phillips of Columbia Phillips of Bibb Pickard Poole Potts Purcell Rainey Ratliff Raulerson

Roberts Rodgers Roper Ross Rowland Rutland Sangster Scarborough Scoggin Shuman Simmons Sinclair Smith of Grady Smith of Brantley Smith of Habersham Smith of Whitfield Steis Stevens Story Strickland Stuckey Tabb Taylor of Dawson 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 William 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 Journals of the previous legislative day had been read and found to be correct.

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JOURNAL OF THE HOUSE,

By unanimous consent, the reading of the Journal was dispensed with.

The Journal was conformed.

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. Second reading- of Bills and Resolutions. 4. Reports of Standing Committees.
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.
The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following Bills of the House to wit:

HB 2. By Messrs. Smith of Emanuel, Twitty of Mitchell and Underwood of Montgomery:
A Bill to amend an Act prescribing the procedure for the exercise of the power of eminent domain by the State of Georgia, so as to provide that the Attorney General of Georgia or his duly authorized Assistant Attorneys General shall be the signers of declarations of taking; and for other purposes.

HB 3. By Messrs. Twitty of Mitchell and Smith of Emanuel:
A Bill to provide for grants to certain incorporated municipalities for the purpose of aiding in the construction and maintenance of streets

MONDAY, OCTOBER 8, 1962

77

and for aiding in defraying the costs of providing personnel and equip ment for the control of traffic; and for other purposes.

The Senate agrees to House amendments to the following Bill of the Senate:

SB 1. By Senators Sanders of the 18th and Smalley of the 26th:
A Bill to provide for the Reapportionment of the State Senate; and for other purposes.

The following Bills of the House were taken up for the purpose of consider ing the Senate amendments thereto:

HB 3. By Messrs. Smith of Emanuel and Twitty of Mitchell:
A Bill to be entitled an Act to provide for grants to municipalities; to aid in the construction and maintenance of streets and for aiding in defraying the costs of providing personnel and equipment for the control of traffic; and for other purposes.

The following Senate amendment was read:
The Senate Rules Committee moves to amend House Bill No. 3 as follows:
By inserting the words "or levied fees of any type" between the word "taxes" and the word "for" in Section 3 of said Bill.
By inserting the words "or fees" between the word "taxes" and the word "were" wherever said words may appear in Section 4 of said Bill.

Mr. Twitty of Mitchell moved that the House agree to the Senate amend ment.

On the motion to agree, the ayes were 123, nays 3.

The Senate amendments to HB 3 were agreed to.

HB 2. By Messrs. Smith of Emanuel, Twitty of Mitchell, and Underwood of Montgomery:
A Bill to be entitled an Act to amend an Act prescribing the pro cedure for the exercise of the power of eminent domain by the State

78

JOURNAL OP THE HOUSE,

of Georgia, so as to provide that the Attorney General of Georgia or his duly authorized Assistant Attorneys General shall be the signers of declarations of taking; and for other purposes.

The following Senate amendments were read:
The Senate Kules Committee moves to amend HB No. 2 as follows:
By striking the figures, "45", from the fifth line of the last para graph on page 3 of said Bill and substituting in lieu thereof the figures, "30", so that said paragraph, as thus amended shall read as follows:
"If the condemnee shall desire to raise such questions as are heretofore outlined, the same shall be done by proper pleadings, in the form of a petition addressed to the Judge of the Superior Court having jurisdiction thereof filed in the same proceedings not later than 30 days subsequent to the date of service upon the condemnee of the declaration of taking, and the presiding Judge shall cause a rule nisi to be issued and served upon the condemnor, requiring it to show cause before him at a time and place desig nated by him why the title acquired by the said declaration of taking should not be vacated and set aside in the same way and manner as is now provided for setting aside deeds acquired by fraud. Such hearing shall be had not earlier than 15 days from the time of service of such rule nisi upon the condemnor, nor later than sixty (60) days from the date of filing of said declaration of taking; and, with the right of appeal by either party, as in other cases.";
By striking the figures, "45", from the fifth line of the paragraph beginning at the top of page 7 of said Bill, and substituting in lieu thereof the figures, "30", so that said paragraph, as amended, shall read as follows:
"If the condemnee shall desire to raise such questions as are heretofore outlined, the same shall be done by proper pleadings, in the form of a petition addressed to the Judge of the Superior Court having jurisdiction thereof, filed in the same proceedings not later than 30 days subsequent to the date of service upon the condemnee of the declaration of taking, and the presiding Judge shall cause a rule nisi to be issued and served upon the condemnor, requiring it to show cause before him at a time and place desig nated by him why the title acquired by the said declaration of taking should not be vacated and set aside in the same way and manner as is now provided for setting aside deeds acquired by fraud. Such hearing shall be had not earlier than 15 days from the time of service of such rule nisi upon the condemnor, nor later than 60 days from the date of filing of said declaration of taking; and, with the right of appeal by either party, as in other cases."
By adding the following paragraph after the last paragraph on

MONDAY, OCTOBER 8, 1962

79

page 3 of the Bill and after the first paragraph on page 7 of the Bill and before the second paragraph on page 7:

"The provisions of this amendment shall apply to pending pro ceedings previously brought under the provisions of this Act, and the time limitations as heretofore provided for in the preceding paragraph shall run from the date of approval of this Act by the Governor."

By renumbering Section 3 of said Bill as Section 4.

By inserting a new Section 3 to read as follows:

"Section 3. Said Act is further amended by striking from subsection 7 of Section 5 of said Act the word 'four' and inserting in lieu thereof the word 'two', so that when so amended said sub section shall read as follows:

"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 courthouse; 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 said newspaper once each week for two weeks subsequent to the filing of such petition and declaration."

By renumbering Section 4 as Section 5.

By renumbering Section 5 as Section 6.

By renumbering Section 6 as Section 7.

Mr. Twitty of Mitchell moved that the House agree to the Senate amend ments.

On the motion to agree, the ayes were 126, nays 14.

The Senate amendments to HB 2 were agreed to.

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

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JOURNAL OF THE HOUSE,

SR 4. By Senators Waters of the 41st and Smalley of the 26th:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide for the composition of the State Senate, the manner of election of State Senators, the ratification of the apportionment of the Senate and the election of Senators; 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 III, Section II, Paragraph I of the Constitution is hereby amended by striking said Paragraph in its entirety and inserting in lieu thereof the following:

"Paragraph 1. (a) Number and Apportionment of Senators-- The Senate shall consist of fifty-four (54) members. The General Assembly shall have authority to create, rearrange and change Senatorial Districts and to provide for the election of senators from each Senatorial District, or from several districts embraced within one county, in such manner as the General Assembly may deem advisable.

"(b) Interim Ratification--An Act providing for the reapportionment of the State Senate, enacted by the General Assembly at the extra-ordinary Session which convened on September 27, 1962, which Act made special provision for the election of Senators for the 1963-64 term and all elections held thereunder, are hereby ratified."
SECTION 2
When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.

The ballot submitting the above proposed amendment shall have written or printed thereon the following:

."For ratification of amendment to the Constitution so as to provide for the composition of the State Senate, the manner of elec tion of State Senators, the ratification of the apportionment of the Senate and the election of Senators.

"Against ratification of amendment to the Constitution so as to provide for the composition of the State Senate, the manner of

MONDAY, OCTOBER 8, 1962

81

election of State Senators, the ratification of the apportionment of the Senate and the election of Senators."

All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendmentt, and all per sons desiring to vote against the adoption of the proposed amendment shall vote against ratification.

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.

The previous question was ordered.

The main question was ordered.

The report of the committee which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney
Adams Andrews of Hall Andrews of Stephens Arnsdorff Bagby Ballard Barber Barnett of Wilkes Barnett of Baker Barrett Baughman Birdsong Black Blalock Boggs Bowen of Randolph Bowen of Toombs Boyett

Brantley
Brooks of Fulton Brown Budd Busbee Bynum Caldwell Chance Clark of Catoosa Clarke of Monroe Cloer Coker Collins Conner Cox Crawford Crowe Davis Deen

Dickey
Dicus Dixon Dollar Dorrniny Doster Duncan of Fannin Duncan of Carroll Dunn Echols Fleming Flexer Fordham Fowler of Douglas Fowler of Treutlen Funk Fuqua Greene Hale

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JOURNAL OF THE HOUSE,

Hall of Lee Hall of Floyd Harrell Henderson Hill Horton Hull Hurst Johnson Joiner Jones of Worth Jones of Lumpkin Jones of Sumter Keadle Kelly Keyton Kidd Killian Killings-worth King Kirkland Knight of Laurens Knight of Berrien Lambert Lane Langford Lee of Clinch Lee of Clayton Lewis of Wilkinson Lewis of Burke Logging Lokey Lovett Lowrey Mackay Massee Matthews of Clarke McClelland McCutchen McDonald

Melton Milhollin Miller Mixon Moore Morgan Morris Moss Mullis Murphy NeSmith Newton Odom Otwell Pannell Paris Parker Farmer Payton Pelham Pennington Phillips of Columbia Phillips of Bibb Pickard Poole Potts Purcell Rainey Ratliff Raulerson Roberts Rodgers Roper Ross Rowland Rutland Sangster Scarborough Scoggin Shuman

Simmons Simpson Sinclair Smith of Grady Smith of Habersham Smith of Whitfield Steis Stevens Story Strickland Stuckey Tabb Taylor of Dawson 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 Woodward Young

Those voting in the negative were Messrs.:

Culpepper Floyd

Matthews of Colquitt McCracken

Smith of Brantley Wilson

Those not voting were Messrs.:

Akins Bolton Bozeman Brooks of Oglethorpe Cocke Fitzgerald Flynt

Howard Jones of Liberty Jordan Kimmons McGarity Moate Moorman

Phillips of Walton Sheffield Singer Smith of Fulton White Mr. Speaker

MONDAY, OCTOBER 8, 1962

83

On the adoption of the Resolution, the ayes were 178, nays 6.

The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.

The following Resolutions of the.House were read and adopted:

HR 22. By Messrs. Smith of Emanuel and Scoggin of Ployd:
A RESOLUTION
Expressing regrets at the passing of Mrs. Claude B. Burke; and for other purposes.
WHEREAS, Mrs. Claude B. Burke, the mother of Mrs. Frances Read, passed away on October 7, 1962; and
WHEREAS, Mrs. Read has been a valuable aide for the House of Representatives for a number of years; and
WHEREAS, the members of this body wish to extend their deepest sympathy upon the occasion of the loss of her mother; and
WHEREAS, Mrs. Burke was a woman of outstanding character and integrity and her passing will be a great loss to her community;
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that deepest regrets are hereby expressed upon the passing of Mrs. Claude B. Burke and the sympathy of all the mem bers of this body is hereby extended to her daughter, Mrs. Frances Read;
BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a copy of this resolution to Mrs. Read.

HR 23. By Mr. Smith of Emanuel:
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 per sonnel as he might require are authorized to remain at the Capitol 5 days after adjournment of this Extraordinary Session of the General Assembly, for the purpose of completing the work in the Speaker's office.

84

JOURNAL OF THE HOUSE,

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 5 days after the adjournment of this Extraordinary Session of the General Assembly, for the purpose of completing records and other necessary work in the office of the Clerk.

BE IT FURTHER RESOLVED that the members of the Auditing, Enrolling, Engrossing and Journals Committee are authorized to re main at the Capitol 5 days after-adjournment and the Chairman there of 2 additional days for the purpose of checking bills and resolutions, auditing expenses and transacting whatever other matters are neces sary. Said members and the Chairman shall receive the same compensa tion, per diem, expenses and allowances authorized for interim com mittees.

BE IT FURTHER RESOLVED that the Postmaster or Postmis tress and the Assistant Postmaster or Assistant Postmistress of the House be authorized to remain at the Capitol 2 days for the purpose of forwarding members' mail. They shall be compensated in the same amount as interim committee members.

BE IT FURTHER RESOLVED that all of the above named per sons who are authorized to remain at the Capitol to take care of the unfinished business of the House, shall receive the same compensation as they receive during the Session, unless otherwise provided.

HR 24. By Messrs. Smith of Emanuel, Twitty of Mitchell, Cox of Clarke, Hill of Meriwether, McCracken of Jefferson, and Undercofler of Sumter:
A RESOLUTION
Extending Birthday greetings to Honorable Glenn Phillips; and for other purposes.
WHEREAS, Honorable Glenn Phillips, distinguished Representa tive from Columbia County, had a Birthday on October 7, 1962; and
WHEREAS, he is a beloved member of this Body and is highly admired and respected by his colleagues; and
WHEREAS, he has rendered outstanding service to his Com munity, his County and his State while serving as a member of this Body and in other public offices;
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that heartiest Birthday congratulations are hereby extended to Honorable Glenn Phillips, and the members of this Body express the fond hope that he will have many more happy birth days and a long tenure of office as a member of the House of Repre sentatives.

MONDAY, OCTOBER 8, 1962

85

BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a copy of this Resolution to the Honor able Glenn Phillips.

HR 25. By Mr. Phillips of Columbia:
A RESOLUTION
Expressing regrets of the passing of Honorable Herman Morris, Sheriff of Columbia County; and for other purposes.
WHEREAS, Honorable Herman Morris, Sheriff of Columbia Coun ty passed away on October 6, 1962; and
WHEREAS, he has rendered outstanding service as Sheriff for several terms and was recognized as one of the foremost law enforce ment officers in the State; and
WHEREAS, his passing will be a severe loss to his community, his County and his State.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that deepest regrets are hereby expressed upon the passing of Honorable Herman Morris, Sheriff of Columbia County and the sympathy of all the members of this Body is hereby extended to his wife and family.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a copy of this Resolution to Mrs. Morris.

The Speaker of the House, Honorable George L. Smith II, addressed the House as follows:
Lady from Bartow and gentlemen of the House:
I know you are all anxious to go home. I am, too.
But first . . . give me just a moment.
In January I will begin my tenth term in the House. This present term has, in many ways, been the most significant of them all.
We have had two of the most productive regular sessions in Geor gia history. Thanks to the Federal Court, we are concluding the second of two special sessions.
It has been a hard year for us all. The most heart-rending chore was reapportionment of the Senate effective in 1963. We eliminated the seats of 54 able men who have already received our party's nomi nation.

86

JOURNAL OF THE HOUSE,

But, under the ruling of the Federal courts, we had no choice.
So, I say you are all to be commended for your devotion to Georgia.
I shall always point with pride to our accomplishments. Several have made my job much easier:
The House, and I, especially, will sorely miss our Speaker Pro Tern, Bob Scoggin. Bob has done a truly outstanding job. None of us doubt he will do equally as well as Superior Court Judge of Floyd Circuit.
Jack Ellard and his fine staff has consistently performed above and beyond the call of duty. There has never been a more able nor conscientious clerk.
Frank Twitty, our Floor Leader, has performed as we have come to expect. He is without peer.
We all owe a huge vote of thanks to Joe Underwood and his reapportionment Study Committee. Their efforts over a long, hot summer made our tough job of reapportionment go smoothly.
My staff has served me . . . and I hope all of you . . . well.
Last, I want to thank all of you. Your cooperation has been splendid.
It has indeed been a memorable experience to be Speaker of the best House in Georgia's history.

The following Resolution of the House was read and adopted:

HR 26. By Messrs. Smith of Emanuel and Twitty of Mitchell:
A RESOLUTION
Providing for the adjournment of the General Assembly; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA that the General Assembly adjourn sine die at 12:45 o'clock P. M., October 8, 1962.

The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has adopted by the requisite constitutional majority the follow ing Resolution of the House to wit:

MONDAY, OCTOBER 8, 1962

87

HR 26. By Mr. Smith of Emanuel and Mr. Twitty of Mitchell:
A Resolution providing for the adjournment of the General Assembly; and for other purposes.

The Speaker announced the House adjourned sine die.

2480

INDEX

Part VI
HOUSE JOURNALS
EXTRAORDINARY SESSION
Commenced September 27, 1962, and adjourned October 8, 1962

HB 1
HB 2 HB 3

HOUSE BILLS
--State Toll Bridge Authority Act; amend; composition of membership --------------------__. 17, 21, 22, 27, 48
--Eminent Domain; power of; procedure _______ 21, 26, 33, 34, 76, 77 --Municipalities; funds to construct
and maintain streets ..___._.__._.. .___... _..__..._ 26, 34, 34, 39, 76, 77

HOUSE RESOLUTIONS

HR 1 HR 2 HR 3 HR 4 HR 5

--Notify Senate that House has convened ----__,,..--------......._. 12 --Notify Governor that General Assembly has convened ________ 13, 19 --House Rules adopted ..----_.-------- .------------.------..---------- _ 13 --House Attaches; compensation of ...----.------------_----__. ,,.__.. 13 --Mileage allowance for House Members .----._,,..._--------...----.... 14

HR 6 HR 7 HR 8 HR 9

--Parker, Thomas A.; commend...--------------_------_._----__.----.------ 14 --Rogers, James V.; commend _--------------------------_-------- 14 --Crowe, Charles V. Jr.; express sympathy for passing of--------. 15 --Taylor, John L.; express sympathy for passing of _----------______ 15

HR 10 --Prather, Lionel I.; express sympathy for passing of .--___----._--_16 HR 11 --Mann, Robert F.; express sympathy for passing of _.--___.---...... 16 HR 12 --Floyd, Mrs. Lessie; wish speedy recovery.,,,,____--__.--_,,._.,,__.._. 22 HR 13 --Scoggin, Robert; commend ..--_.__.--------_--_._----_----___----_------_ 22 HR 14-2 --State Senate; re-apportion ...--..-- ._----------__. 26, 34

HR 15-3 --House of Representatives; one member from each county __.. 33, 39 HR 16 --Cheney, Tom; commend __...______._.___.. ------.----------------------.29 HR 17 --Walter F. George Dam; name lake.._--_------------------------ 67, 68 HR 18 --House Resolution 5; amend ____--____--___,,_--_______________.____._. 68

HR 19

--Flint River Development; urge Congressional delegation to support _--..----_---.--------_-----__--_____--.___ ..___. 68

HR 20 --Lord, Robert W.; commend.---_-------.-----.-__------...72

HR 21 HR 22

--Lyon, Robert E.; express sympathy for passing of ..__...._,,...___ 72 --Burke, Mrs. Claude B.; express sympathy for passing of......_... 83

HR 23 --Interim Committees and personnel; relating to __-____..__,,...._.. 83

HR 24 HR 25 HR 26

--Phillips, Glenn S.; birthday greetings----------------------------84 --Morris, Herman; express sympathy for passing of-------------- 85 --Sine Die 12:45 P. M..___.. ..--------___---------------------------- 86, 87

SENATE BILL IN HOUSE
SB 1 --Senate; Reapportionment of .___._.37, 37, 39, 47, 48, thru 66, 77

SENATE RESOLUTIONS IN HOUSE
SR 1 --Notify House that Senate has convened-------------------------- 17 SR 4 --Senate; provide number of members.----------66, 67, 71, 71, 80