Journal of the House of Representatives of the State of Georgia at the extraordinary session commenced at Atlanta, Monday, May 4, 1964 and adjourned Thursday, June 25, 1964

JOURNAL
OP THE
HOUSE OF REPRESENTATIVES
OF THE
STATE OF GEORGIA
AT THE
EXTRAORDINARY SESSION
Commenced at Atlanta, Monday, May 4, 1964 and adjourned Thursday, June 25, 1964
1964 LONGING & PORTER, INC.
HAPEVILLE, GA.

OFFICERS
OF THE
HOUSE OF REPRESENTATIVES
1964-1965
EXTRAORDINARY SESSION
GEORGE T. SMITH __________._._______.._.__,,_____._..._____. ..Speaker
GRADY COUNTY
GUY W. RUTLAND ____..___________.._.___Speaker Pro Tern.
DEKALB COUNTY
GLENN W. ELLAKD_____.___--_____.-____...- .Clerk
HABERSHAM COUNTY
JANETTE HIRSCH _._____..._____________........ Assistant
FULTON COUNTY
JACK GREEN.--._--_--.___________.____.......Assistant
RABUN COUNTY
HUGH SKELTON ..._.,,_,,__________._______._....Assistant
HART COUNTY
AMELIA SMITH ,,..._...._____._______.._ ____.._. .Assistant
FULTON COUNTY
BARBARA BATES._____________________........Calendar
DEKALB COUNTY
HERSCHEL FARMER __________________________Messenger
HEARD COUNTY
NORMAN B. DOSTER ______________________.Doorkeeper
WILCOX COUNTY

HOUSE JOURNAL
Representative Hall, Atlanta, Georgia
Monday, May 4, 1964
Pursuant to the call of His Excellency, Governor Carl E. Sanders, the House met in extraordinary session this day at 11:00 o'clock a. m., and was called to order by Honorable George T. Smith, Speaker.
Prayer was offered by Dr. Pierce Harris, Pastor of the First Methodist Church, Atlanta, Ga.
By unanimous consent, the roll call was dispensed with.
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 Hills and Resolutions.
The following proclamations were read:
A PROCLAMATION BY HIS EXCELLENCY
GOVERNOR CARL E. SANDERS OF
THE STATE OF GEORGIA CONVENING THE GENERAL ASSEMBLY OF
GEORGIA IN EXTRAORDINARY SESSION
WHEREAS, by resolution approved April 9, 1963 (Ga. Laws 1963, p. 402), there was created the "Constitution Revision Commission" for the purpose of conducting a thorough study of the Constitution and related matters, and preparing a new constitution for the State of Georgia; and
WHEREAS, said Commission has substantially completed its work and will publish its report and draft of a new constitution within a few weeks; and
WHEREAS, the matter of constitutional revision is of such urgency and importance as to require an extraordinary session of the General Assembly to the end that such matters shall receive the most careful

JOURNAL OF THE HOUSE,
and deliberate consideration, uninterrupted by the necessary diversions encountered in a regular session; and
WHEREAS, due to the complexity and breadth of many grave issues facing the 1964 regular session of the General Assembly, includ ing education reform, prison reform, financing and congressional reapportionment, a number of other pressing legislative matters could not be reached during the regular session, such as election law reform and consideration of local legislation and local constitutional amend ments; and
WHEREAS, such unfinished business could conveniently be con sidered by one house of the General Assembly during the time that constitutional revision is pending in the other house;
NOW, THEREFORE, upon consideration of the premises stated, and pursuant to and by virtue of power and authority vested in me by the Constitution of Georgia, Article V, Section 1, Paragraph XII, I, Carl E. Sanders, 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 the 4th day of May, 1964, for the purposes of (1) Receiving the report of the Constitution Re vision Commission, and preparing, enacting, proposing and submitting a new constitution for the State of Georgia, either by way of amend ment of the existing constitution or submission and approval of an entirely new constitution; (2) Considering and enacting a comprehen sive revision, amendment, supersession and codification of all laws, resolutions and constitutional provisions governing elections, primaries, referendum^, political parties and all other laws and constitutional pro visions related thereto; (3) Consideration and enactment of local legis lation; (4) Consideration and enactment of local, special and general constitutional amendments, including those proposed amendments to be submitted to the people at the general election in November, 1964, either by way of revision, repeal, supersession, enactment, amendment or otherwise; and (5) Enactment of supplemental appropriations legis lation necessary or desirable for the purpose of appropriating and making available funds required for the holding of such extraordinary session and other expenses connected with the operation of the legisla tive branch of government; all of which are found and concluded by me to be of sufficient importance to demand the necessity of such extra ordinary session of the General Assembly.
Given under my hand and the Great Seal of the State of Georgia, at the City of Atlanta, on this 13th day of March, in the year of Our Lord, one thousand nine hundred and sixty-four.
CARL E. SANDERS
GOVERNOR
BY THE GOVERNOR: BEN W. FORTSON, JR. SECRETARY OF STATE

MONDAY, MAY 4, 1964

7

A PROCLAMATION BY HIS EXCELLENCY
GOVERNOR CARL E. SANDERS OF
THE STATE OF GEORGIA CONVENING THE GENERAL ASSEMBLY OF
GEORGIA IN EXTRAORDINARY SESSION
WHEREAS, on March 13, 1964, an Executive Proclamation was duly issued convening the General Assembly in extraordinary session on May 4, 1964, for the purpose of considering legislation relating to a new constitution for the State of Georgia; a comprehensive revision of election laws of this state; local legislation; a supplemental appropria tions bill and for other purposes; and
WHEREAS, subsequent thereto certain matters have been brought to my attention which are deemed by me to be of sufficient urgency and importance to be considered at the extraordinary session of the General Assembly convened as aforesaid;
NOW, THEREFORE, pursuant to and by virtue of the power and authority vested in me by the Constitution of Georgia, Article V, Section I, Paragraph XII, I, Carl E. Sanders, Governor of Georgia, do hereby amend the Proclamation heretofore issued on March 13, 1964, by adding thereto, immediately following the next to the last paragraph, the following:
"Said extraordinary session is also called for the purpose of considering and enacting laws by amendment, revision, repeal or otherwise relating to the period of time for which revenue certifi cates may be issued by hospital authorities created pursuant to the laws of Georgia; the number of witnesses required to attest a will in this state; the creation, composition, reconstitution, rear rangement and renaming of judicial circuits and matters related thereto; and the addition of judges to existing circuits";
all of which are found and concluded by me to be of sufficient impor tance to demand the necessity of consideration thereof at the extra ordinary session previously called and convened.
Given under my hand and Great Seal of the State of Georgia, at the City of Atlanta, on this 30th day of April, in the year of Our Lord, one thousand nine hundred and sixty-four.

CARL. E. SANDERS GOVERNOR

ATTEST: BEN W. FORTSON, JR. SECRETARY OF STATE

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

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JOURNAL OF THE HOUSE,

HB 1. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty and Andrews of Stephens:
A Bill to be entitled an Act to provide supplementary appropriations for the fiscal year ending June 30, 1964, in addition to any other appropriations heretofore or hereafter made for the Legislative Branch of the Government; and for other purposes.
Referred to the Committee on Appropriations.

HR 6-1. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty and Andrews of Stephens:
A Resolution proposing a revised Constitution of Georgia; and for other purposes.
Referred to the Committee on Judiciary, Special Judiciary and Rules (Spe cial Committee).

HB 2. By Messrs. Busbee, Lee and Odom of Dougherty:
A Bill to be entitled an Act to create a new judicial circuit for the State of Georgia, to be known as the Dougherty Judicial Circuit, to be com posed of the County of Dougherty; and for other purposes.
Referred to the Committee on Judiciary.

HB 3. By Mr. Bowen of Toombs:
A Bill to be entitled an Act to place the Sheriff of Toombs County upon an annual salary in lieu of the fee system of compensation, and for other purposes.
Referred to the Committee on Local Affairs.

The following Resolutions of the House were read and adopted:
HR 1. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty and Andrews of Stephens:
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 Carl E. Sanders, and is now ready for the transaction of business.

MONDAY, MAY 4, 1964

9

HR 2. By Messrs. Smith of Grady; Bolton of Spalding; Rutland of DeKalb and many others.

A RESOLUTION

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

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA that a committee of fourteen, seven from the House to be named by the Speaker, and seven from the Senate to be named 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.

The Speaker appointed the following members to notify the Governor the General Assembly has convened: Andrews of Stephens, Barber of Jackson, Hudgins of Chattahoochee, Johnson of Elbert, Melton of Spalding, Mullis of Bleckley, Steis of Harris.

HR 3. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty and Andrews of Stephens:
A RESOLUTION
Adopting the Rules of the House; and for other purposes.
BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that, except as herein provided, the Rules of the House of Representa tives in force and effect at the adjournment of the regular 1964 session of the General Assembly are hereby adopted as the Rules of the House of Representatives for the extraordinary session of the General Assem bly convened on May 4, 1964.
BE IT FURTHER RESOLVED that the Rules of the House of Representatives are hereby amended as follows:
(1) By adding a new Rule to be known as Rule 137A to read as follows:
"Rule 137A. Any resolution relative to a revision of the Con stitution may be referred to a special committee composed of the members of one or more standing committees. The Speaker shall designate the officers of such committee. Each member of such committee shall have a vote in the same manner as a member of any standing committee. Such committee shall, in all respects, be subject to all rules relative to standing committees and shall have the same status as a standing committee. In the consideration of a new Constitution or an amendment to the existing one to be sub-

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mitted as a single amendment, the same shall be considered para graph by paragraph and an amendment to the proposal may be made by a majority of a quorum but each Article shall be sepa rately adopted and final approval of each Article shall be had only by an affirmative vote thereon of a majority of the members elected to the House. This Rule shall stand repealed upon the adjournment of the extraordinary session of the General Assembly convened on May 4, 1964."

BE IT FURTHER RESOLVED that Rule 125 is hereby suspended so that bills and resolutions may be introduced on May 4, 1964, but shall be suspended for that day only.

HR 4. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty and Andrews of Stephens:
A RESOLUTION
Relative to officials, attaches and employees of the House of Rep resentatives; and for other purposes.
BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the provisions of H. R. 298 adopted at the regular session of the General Assembly for the year 1964, are hereby adopted for the extra ordinary session convened on May 4th, 1964, and the provisions thereof shall be in full force and effect for said extraordinary session.
HR 5. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty and Andrews of Stephens:
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 of Representatives, Clerk and Assistant Clerks shall be entitled to mileage at the same rate as that provided for regular sessions for 4 round trips.
HR 7. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty and Andrews of Stephens:
A RESOLUTION
Calling a joint session of the House and Senate for the purpose of hearing a message from the Governor; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA that His Excellency, Governor Carl E. Sanders, is hereby invited

MONDAY, MAY 4, 1964

11

to address a joint session of the House of Representatives and the Senate at 12:00 o'clock Noon, May 4, 1964, in the Hall of the House of Repre sentatives.

BE IT FURTHER RESOLVED that a joint session of the House and Senate be held in the Hall of the House of Representatives at 11:45 o'clock A. M., on the aforesaid date for the purpose of hearing an address by His Excellency the Governor.

BE IT FURTHER RESOLVED that a committee of fourteen, seven from the House to be named by the Speaker and seven from the Senate to be named by the President, be appointed to escort His Excel lency the Governor to the Hall of the House of Representatives.

The Speaker appointed the following members as a Committee of Escort on the part of the House: Arnsdorff of Effingham, Newton of Jenkins, Payton of Coweta, Sewell of Sumter, Spikes of Troup, Watts of Talbot, Williams of Hall.

HR 8. By Messrs. Smith of Grady; Bolton of Spalding; Rutland of DeKalb; and others:
A RESOLUTION
Extending an invitation to United States Senator Edward M. Kennedy and other distinguished persons to visit the House of Repre sentatives; and for other purposes.
WHEREAS, Honorable Edward M. Kennedy, United States Sena tor from Massachusetts, is a visitor in the Capital City of Atlanta and the members of this body are desirous of giving him a most cordial welcome to the only State in the Union which has always voted the Democratic Ticket; and
WHEREAS, he is being accompanied on his Georgia visit by dis tinguished members of the Democratic Party of Georgia;
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body hereby extend a most cordial invitation to Honorable Edward M. Kennedy, United States Senator from Massachusetts, to visit the House of Representa tives and appear before the members of this body on May 4, 1964, at 11:15 o'clock A.M.
BE IT FURTHER RESOLVED that in addition to Senator Ken nedy, the following persons are also extended an invitation to accom pany him: Honorable Charles Longstreet Weltner, United States Con gressman, 5th District of Georgia; Honorable J. B. Fuqua, Chairman, State Democratic Executive Committee; Honorable Travis B. Stewart, Executive Director, Democratic Party of Georgia; Mrs. Marjorie Thurman, National Democratic Committeewomen from Georgia; Honorable

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William Trotter, National Democratic Committeeman from Georgia; Honorable James B. Pilcher, President, Young Democrats of Georgia; Honorable Charles J. Driebe, President, Fulton County Young Demo crats Club; and other distinguished guests.

BE IT FURTHER RESOLVED that a committee of five to be named by the Speaker be appointed to escort Senator Kennedy and the other guests to the Hall of the House of Representatives.

The Speaker appointed as a Committee of Escort the following members of the House: Busbee of Dougherty, Pope of Cherokee, Smith of Forsyth, Smith of Whitfield, Vaughn of Rockdale.

HR 9. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty and Andrews of Stephens:
A RESOLUTION
Expressing appreciation to the General Time Corporation and the Athens Plant Manager of the Westclox Division, Mr. Jack M. Graham; and for other purposes.
WHEREAS, after the 1964 session of the General Assembly it be came necessary to replace the clock in the House of Representatives; and
WHEREAS, Mr. Jack M. Graham, Athens Plant Manager of the Westclox Division of General Time Corporation, offered to provide a clock for the House of Representatives with the thought that it would be representative of a product manufactured in the State of Georgia; and
WHEREAS, his most gracious and generous offer was accepted by the Secretary of State on behalf of the State of Georgia and the House of Representatives;
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that sincerest appreciation is hereby extended to General Time Corporation and Mr. Jack M. Graham, Athens Plant Manager of the Westclox Division, for their fine gift of the clock in the House of Representatives, and the members of this Body hereby express their satisfaction in having this Georgia manufactured product in the House Chamber as a tangible reminder of the growing industrial might of this great State.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit appropriate copies of this Resolution to Mr. Graham and to such other officials of General Time Corpora tion as he shall designate.

MONDAY, MAY 4, 1964

13

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

Mr. Speaker:

The Senate has adopted by the requisite constitutional majority the following Resolutions of the Senate and House to wit:

SR 1. By Senators Carlton of the 21st, Jackson of the 16th and Webb of the llth:
A Resolution to notify the House that the Senate has convened; and for other purposes.

HR 2. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty and Andrews of Stephens:
A Resolution to notify the Governor that the General Assembly has convened; and for other purposes.

HR 7. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty and Andrews of Stephens:
A Resolution calling a joint session of the House and Senate for the purpose of hearing a message from the Governor; and for other pur poses.

The president has appointed as a Committee of Escort the following: Sena tors Noble of the 19th, Spinks of the 9th, Brown of the 34th, Hall of the 52nd, Webb of the llth, Lee of the 47th and Carlton of the 21st.

Senator Fuqua of the 22nd introduced United States Senator Edward M. Kennedy from Massachusetts who spoke briefly to the House of Representatives.

The hour of convening having arrived, the Senate appeared upon the floor of the House and the Joint Session convened for the purpose of hearing a mes sage from His Excellency, Governor Carl E. Sanders, and was called to order by Honorable Peter Zack Geer, President of the Senate.
The Secretary of the Senate read the Resolution providing for the joint session.
Accompanied by the Committee of Escort, and other distinguished guests, Governor Carl Sanders appeared upon the floor of the House, was escorted to

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the Speaker's stand, introduced to the Joint Session of the General Assembly by the President of the Senate, and delivered the following address:

LIEUTENANT GOVERNOR GEER, SPEAKER SMITH, DISTIN GUISHED MEMBERS OF THE SENATE AND OF THE HOUSE OF REPRESENTATIVES, HONORED GUESTS, MY FELLOW GEORGIANS:
Sixteen weeks ago it was my honor to welcome each of you here, and to lay before you what I considered to be those legislative measures for which the people of Georgia regarded us as mutually responsible.
We meet again today, and it is again my honor to stand in this very spot, at this same rostrum, before you, the chosen leadership of a modern people, in a modern State, during a modern era, and cite to you the challenge which this modern time has issued to us.
When I addressed you in January, I said that I believed the record at the close of the regular session would show that this assemblage comprised the best and most productive General Assembly in the his tory of our grand old State.
Today, if I were merely to repeat that belief expressed nearly four months ago, the very words would be insufficient in light of what that brief span of time has shown you were able to achieve.
In January, I spoke to you of the work the General Assembly did last year in the first half of the 1963-1964 Legislature.
I said that the people benefited, because of your labors.
And that the State progressed, because of your dedication.
The story of 1964 now stands crystal clear in the history books for all future generations to witness, and to rejoice over. This year was an extension of last in the ledger column of accomplishment.
The unquestioned truth is, that this Assembly is unequalled by any that ever sat in these hallowed halls, and that more meaningful legislation was enacted in those 40 days of January and February, 1964, that at any comparable time in the history of our State.
In the matter of recognizing your responsibilities, and in doing something constructive about them--
In the matter of performing courageously for the good of the more than 4 million citizens of Georgia--
In the matter of not only accepting the challenge of a changing age, but in working together to leave your indelible mark of progress upon the age--

MONDAY, MAY 4, 1964

15

I know in both heart and mind that Georgia history will record the year 1964 as the most productive legislative year, and this General Assembly as the most productive legislative body, of all time!

And now, my friends, as another inspiring chapter of our history is begun, the heavy mantle of leadership again falls upon the broad shoulders of this General Assembly.

Again you are being called upon to wear it nobly, and with honor.

I, as Governor, know your purpose. And I, as citizen, have no doubt of the outcome.

Our task, as the legislative and executive leadership of Georgia, is two-fold during this Special Session. Simply put, it is this:

First, to draft and adopt a new State Constitution, suited to the present, and in step with our progress toward the future; and--

Second, to redraw and codify our primary and general elections laws, in order to preserve and protect the basic right of the people to ballot for the candidates of their choice.

There will be certain other measures, principally of local legisla tion, and in limited number, to come before the Senate and House this Session, but our new Constitution and election code are our prime concern.

Let me first discuss that vital document of organic law, our State Constitution.

At the session of the General Assembly in 1963, and by Joint Reso lution of the House and Senate, you gentlemen established a Constitu tion Revision Commission, and I have been serving as the Chairman of that Commission.

Beginning in the early spring of 1963, our Commission divided itself into sub-committees and began its job of studying the Constitution of 1945 in an effort to pinpoint its weaknesses, and to educate our selves so that we could report back to the General Assembly with a Constitution for the State which would serve the needs of today, and stand the test of tomorrow.

This Commission has worked diligently for more than a year. Hundreds of interested citizens have appeared before this Commission, and its sub-committees, to express their views as to the type of Consti tution the State of Georgia should have.

Experts in various fields have been consulted. Many business, civic, and professional groups participated in our deliberations, and recently, the Commission met, and in public hearings which lasted over two weeks of continual session, discussed and debated the provisions of the new

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Constitution, article by article, section by section, line by line, and, I might add, word by word.

Untold thousands of man-hours have been devoted to this study by persons well qualified for the task, and to whom we are greatly indebted.

Based on these arduous and exhaustive efforts, the Commission has adopted a proposed new Constitution for our State, which I, as Chair man of the Commission, formally present to the General Assembly today, with the recommendation that this proposed new Constitution be enacted into law by you, and in turn, presented to the people of Georgia for adoption on November 4.

We of the Commission feel that this document is no mere re-write of the present Constitution, but is, in truth and fact, a new, vital, and living document of organic law for the State of Georgia.

This proposed new Constitution is substantially shorter, and con siderably more flexible, than the Constitution of 1945. It has nine arti cles as opposed to 16 articles in the present Constitution. It is a third shorter, and, in addition, the hundreds of local amendments are now brought forward as statutory law, rather than as a part of the Con stitution itself.

Fewer than half of the old provisions have been carried forward, and many of those which have, have been re-worded.

More than 20 sections of the present Constitution have been elimi nated entirely.

More than 75 specific substantive provisions have been changed, some quite sharply, and others with broad effect.

Home Eule has been provided for the local units of government of our State. The need for local amendments has thus been eliminated and through the efforts of the Commission, this Constitution is more un derstandable and easier to work with.

We believe that it compares favorably with any Constitution of any State, and that anyone who looks at it from the standpoint of substance, which is the only basis on which a Constitution should be judged, will agree that the Commission which you created 15 months ago has fulflled its objectives.
I want to stress again that the Constitution presented to you today has not been hastily considered; it has been painstakingly prepared, and it is the final result of deliberations by hundreds of qualified per sons.
It is my hope, therefore, that such adjustments as you may make will be constructive and forward-looking, so that the Revision Commis sion can join hands with you in presenting the new Constitution to the people of Georgia this year.

MONDAY, MAY 4, 1964

17

All of us recognize that deficiencies exist in our present document of organic law. I am personally convinced, both as Chairman of the Commission, and as Governor, that the new Constitution is as near the ideal of, and for, all of our four-million 100-thousand citizens as could be attained.

We are dealing with history. You have been chosen to serve the State and her citizens in a singular manner, and at a time when we are commanded by public mandate to re-write the organic law of our State. This is a wonderful opportunity for service, and, at the same time, a solemn responsibility which must be discharged with honor and credit.

It is then up to us as the chosen leadership of our State to discard the existing roadblocks to progress as our mandate from the people de mands, and to provide for our citizenry a Constitution in tune with the times.

And now, I want to speak to you briefly about the need for a com plete revision and codification of the primary and election laws of Geor gia.
An Election Laws Study Committee, created by joint resolution of the House and Senate, has prepared a 174-page bill, following numerous public hearings throughout the State, to determine the specific needs and true desires of our citizen-voters.
The Committee's task, difficult at best, was compounded by the fact that Georgia has never had a comprehensive code of laws on this sub ject, and consequently, the existing statutes are a confused mixture of local and general laws which have accumulated, some almost by accident, and others without clear-cut design, for more than a century.

The Committee has proposed a new code of laws, written in the plainest and most understandable language, that has the single purpose of insuring clarity and fairness in all primaries and elections.

The statutes proposed in this code, far too extensive to go into in detail at this time, are those which have been deemed most desirable at the series of public hearings. I am certain that every member of this Legislature will constantly be guided by this knowledge while deliberat ing the proposals, and enacting them into law.

By so doing, I am certain that when the gavel falls for sine die ad journment next month, the General Assembly will have extended its record of unparalleled service to the people of Georgia in 1964, to even higher peaks of achievement.
My friends, it has ever been the will of Almighty God that we, as men, be the masters of our fate on earth, and the arbiters of our actions in life.

The challenge to properly master our fate, and govern our actions, has never been greater -- or more pressing -- than it is today.

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Today's accomplishments tomorrow will be too late, and it would be a violation of the very trust placed in us both by God and fellowman.

Tomorrow's accomplishments today must be our goal, and our goal must be realized!

I urge you, each member of these august bodies, to work as dili gently and as determinedly as you know how, and to vote out the mea sures submitted for your consideration in a minimum amount of time.

I need not point out that each day is conducted at considerable pub lic expense, or to remind you that the impending and continued conduct of your personal businesses and farming operations make it urgent that we have concerted and concentrated action by this General Assembly.
I urge you further to extend your legislative week, if necessary, to accomplish and conclude, without delay, the people's business which we now undertake.
All of us know that good things come neither easily nor by default. Only by the sweat of our brows, and through the heartfelt labor of dedicated public service can we achieve great deeds.
The place for such labor, for such dedication, is here -- and the time is now.
Both as Governor and as a citizen, I know of no greater expression of esteem and respect than to pledge to you my eternal gratitude for joining with me now, and proving anew to our fellow Georgians that their chosen leadership not only can, but does attain Thomas Jefferson's ideal of, "a common effort, for the common good."
Good luck, Godspeed, and thank you.
John C. Harper Press Secretary Executive Department State Capitol, Room 201 Atlanta, Georgia 30303 Phone: 521-1776

Senator Carlton of the 21st moved that the joint session be now dissolved and the motion prevailed.

The President of the Senate announced the joint session dissolved.

The Speaker called the House to order.

MONDAY, MAY 4, 1964

19

The following resolution of the House was read and referred to the Com mittee on Rules.

HE 10. By Messrs. Smith of Grady and Bolton of Spalding:
A RESOLUTION
Amending the Rules of the House; and for other purposes.
BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that Rule 137A of the Rules of the House of Representatives is hereby amended by adding after the third sentence in such Rules the following:
"The Speaker is hereby authorized to designate additional members of the House as members of such special committee and each of such members so designated shall also have a vote in the same manner as a member of any standing committee."

Mr. Bolton of Spalding moved that the House do now adjourn until tomorrow morning at 11:00 o'clock a.m. and the motion prevailed.

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

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Representative Hall, Atlanta, Georgia Tuesday, May 5, 1964

The House met pursuant to adjournment at 11:00 o'clock, A.M., this day and was called to order by the Speaker.
Prayer was offered by Rev. A. Leslie Thompson, Pastor First Presbyterian Church, Brunswick, Ga.
By unanimous consent the call of the roll was dispensed with.
Mr. Clarke of Monroe, Chairman of the Committee on Auditing, Enrolling, Engrossing and Journals reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed. By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents: 1. Introduction of Bills and Resolutions. 2. First Reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees.
By unanimous consent, the following Bills and Resolution of the House were read the second time:
HB 1. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty and Andrews of Stephens: A Bill to be entitled an Act to provide supplementary appropriations for the fiscal year ending June 30, 1964, in addition to any other appropria tions heretofore or hereafter made for the Legislative Branch of the Government; and for other purposes.

HR 6-1. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb,
Busbee of Dougherty and Andrews of Stephens: A Resolution proposing a revised Constitution of Georgia; and for other purposes.

TUESDAY, MAY 5, 1964

21

HB 2. By Messrs. Busbee, Lee and Odom of Dougherty:
A Bill to be entitled an Act to create a new judicial circuit for the State of Georgia, to be known as the Dougherty Judicial Circuit, to be com posed of the County of Dougherty; and for other purposes.

HB 3. By Mr. Bowen of Toombs: A Bill to be entitled an Act to place the Sheriff of Toombs County upon an annual salary in lieu of the fee system of compensation, and for other purposes.
Mr. Smith of Grady County, Chairman of the Committee on Rules, submitted the following report:
Mr. Speaker:
Your Committee on Rules has had under consideration the following Resolu tion of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HR 10. Do Pass.
Respectfully submitted, Smith of Grady, Chairman.
The following Resolutions were read and adopted:
HR 10. By Messrs. Smith of Grady and Bolton of Spalding:
A RESOLUTION
Amending the Rules of the House; and for other purposes.
BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that Rule 137A of the Rules of the House of Representatives is hereby amended by adding after the third sentence in such Rules the following:
"The Speaker is hereby authorized to designate additional members of the House as members of such special committee and each of such members so designated shall also have a vote in the same manner as a member of any standing committee."

22

JOURNAL OP THE HOUSE,

The Speaker appointed the following members as the additional members:
Messrs. Andrews of Stephens Smith of Emanuel Bagby of Paulding Twitty of Mitchell

HE 11. By Mr. Rainey of Crisp:
A RESOLUTION
Commending Senator Richard B. Russell and Senator Herman E. Talmadge for their stand against the Federal Civil Rights Bill; and for other purposes.
WHEREAS, Senators Russell and Talmadge are distinguished citi zens of this State and outstanding United States Senators; and
WHEREAS, Senators Russell and Talmadge have vigorously de nounced the proposed Civil Rights Bill; and
WHEREAS, the proposed Civil Rights Bill would open an entirely new era of Federal intervention; and
WHEREAS, in the event this proposed Civil Rights Bill is enacted into law, it will govern the citizens of this great country in all their social, economic, political and religious activities; and
WHEREAS, the time has come to terminate these attempts to legi slate all aspects of the lives of individuals and citizens of the United States; and
WHEREAS, our distinguished Senators are leading the fight against this bill in the Senate of the United States;
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that this body hereby goes on record as com mending Senator Richard B. Russell and Senator Herman E. Talmadge for their leadership in opposition to the Federal Civil Rights Bill.
BE IT FURTHER RESOLVED that this body does hereby express its desire that Senators Russell and Talmadge continue to oppose, with all the means at their disposal, this attempt at intervention and control of the basic freedom of the individual to conduct his life in any manner which he deems proper.
BE IT FURTHER RESOLVED that the Clerk of the House of Re presentatives is hereby instructed to transmit a suitable copy of this Re-

TUESDAY, MAY 5, 1964

23

solution to Honorable Richard B. Russell, Senior United States Senator from the State of Georgia, and Honorable Herman E. Talmadge, Junior United States Senator from the State of Georgia.

Mr. Arnsdorff of Effingham moved that the House do now adjourn until 11:00 o'clock a.m. tomorrow morning and the motion prevailed.

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

24

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia

Wednesday, May 6, 1964

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

Prayer was offered by Hon. Max Sanders, Minister of Education and Music, Orchard Knob Baptist Church, Atlanta, Georgia.

By unanimous consent the call of the roll was dispensed with.

Mr. Clarke of Monroe, Chairman of the Committee on Auditing, Enrolling, Engrossing and Journals reported that the Journal of the previous legislative day had been read and found to be correct.

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

The Journal was confirmed.

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

By unanimous consent, the following Bills and Resolution of the House were read the first time and referred to the Committees:
HB 4. By Mr. Deen of Bacon: A Bill to be entitled an Act creating a new charter for the City of Alma, so as to authorize the mayor and city council by a majority vote to close, sell, dedicate or donate any and all alleys and streets located within the Corporate limits; and for other purposes.
Referred to the Committee on Local Affairs.

WEDNESDAY, MAY 6, 1964

25

HB 5. By Messrs. Laite, House and Groover of Bibb:
A Bill to be entitled an Act to convey to Lamar Properties, Inc. the fee simple title to certain property in the City of Macon; and for other pur poses.
Referred to the Committee on Local Affairs.

HB 6. By Mr. Warren of Wayne:
A Bill to be entitled an Act to amend an Act repealing the present char ter of the Town of Screven, so as to extend the corporate limits onequarter of one mile in each direction; and for other purposes.
Referred to the Committee on Local Affairs.

HB 7. By Mr. Warren of Wayne:
A Bill to be entitled an Act to amend an Act establishing the City Court of Jesup in and for the County of Wayne, so as to provide for an official court reporter; and for other purposes.
Referred to the Committee on Local Affairs.

HR 12-7. By Mr. Kelly of Jasper:
A Resolution proposing an amendment to the Constitution so as to pro vide that any number of members of the County Board of Education of Jasper County may reside in the same Militia District; and for other purposes.
Referred to the Committee on Local Affairs.

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

Mr. Vaughn of Rockdale moved that the House do now adjourn until 11:00 o'clock a.m. tomorrow morning and the motion prevailed.

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

26

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia Thursday, May 7, 1964

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

Prayer was offered by Rev. Frank Coyle, Pastor, Montgomery Memorial Church, Gainesville, Ga.

By unanimous consent the call of the roll was dispensed with.

Mr. Clarke of Monroe, Chairman of the Committee on Auditing, Enrolling, Engrossing and Journals reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third Reading and passage of local and 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 read the first time and referred to the Committees:
HB 8. By Messrs. Harris and Mackay of DeKalb: A Bill to be entitled an Act to abolish the Village of North Atlanta; and for other purposes.
Referred to the Committee on Local Affairs.

THURSDAY, MAY 7, 1964

27

HB 9. By Messrs. Harris and Mackay of DeKalb:
A Bill to be entitled an Act to amend an Act establishing compensation of the elected county officials of DeKalb County so as to adjust the sala ries provided in said Act; and for other purposes.
Referred to the Committee on Local Affairs.

HB 10. By Messrs. Dixon and Ponsell of Ware:
A Bill to be entitled an Act to consolidate the offices of Tax Collector and Tax Receiver of Ware County into the one office of Tax Commis sioner of Ware County; and for other purposes.
Referred to the Committee on Local Affairs.

HR 13-10 By Mr. Dixon of Ware: A Resolution proposing an amendment to the Constitution so as to pro vide for the election of members of the Board of Education of Ware County by the voters outside the corporate limits of the City of Waycross and for the appointment of the County School Superintendent of Ware County by the Board; and for other purposes.
Referred to the Committee on Local Affairs.
By unanimous consent, the following Bills and Resolution of the House were read the second time:
HB 4. By Mr. Deen of Bacon: A Bill to be entitled an Act creating a new charter for the City of Alma, so as to authorize the mayor and city council by a majority vote to close, sell, dedicate or donate any and all alleys and streets within the Cor porate limits; and for other purposes.
HB 5. By Messrs. Laite, House and Groover of Bibb: A Bill to be entitled an Act to convey to Lamar Properties, Inc. the fee simple title to certain property in the City of Macon; and for other pur poses.
HB 6. By Mr. Warren of Wayne: A Bill to be entitled an Act to amend an Act repealing the present char ter of the Town of Screven, so as to extend the corporate limits onequarter of one mile in each direction; and for other purposes.
HB 7. By Mr. Warren of Wayne: A Bill to be entitled an Act to amend an Act establishing the City Court of Jesup in and for the County of Wayne, so as to provide for an official court reporter; and for other purposes.

28

JOURNAL OF THE HOUSE,

HR 12-7. By Mr. Kelly of Jasper:
A Resolution proposing an amendment to the Constitution so as to pro vide that any number of members of the County Board of Education of Jasper County may reside in the same Militia District; and for other purposes.

Mr. Busbee of Dougherty County, Chairman of the Committee on Judiciary submitted the following report:
Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bill of the House of Representatives and has instructed me as Chairman, to re port the same back to the House with the following recommendations: HB 2. Do Pass.
Respectfully submitted, Busbee of Dougherty, Chairman.

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

HR 11. By Mr. Rainey of Crisp:
A Resolution commending Senator Richard B. Russell and Senator Her man E. Talmadge for their stand against the Federal Civil Rights Bill; and for other purposes.

Under the general Order of business, the following Bills of the House were taken up for consideration and read the third time:

HB 1. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty and Andrews of Stephens:
A Bill to be entitled an Act to provide supplementary appropriations for the fiscal year ending June 30, 1964, in addition to any other appropria tions heretofore or hereafter made for the Legislative Branch of the Government, and for other purposes.

THURSDAY, MAY 7, 1964

29

The Speaker resolved the House into a Committee of the Whole, designating Mr. Blalock of Coweta as Chairman thereof, for the purpose of considering HB 1.

The Committee of the Whole arose and through its Chairman reported HB 1 back to the House with the recommendation that it DO PASS.

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

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

Those voting in the affirmative were Messrs.:

Abney Alien Anderson Andrews Arnsdorff Bagby Ballard Baughman Beck Black Blalock, D. B. Blalock, E. Bolton Bowen, A. Bowen, E. L. Bowen, R. W. Brackin Branch Brantley Brooks, Geo. B. Brooks, Wilson Brown Busbee Byrd
Caldwell Carr Chandler Clark, J. T. Clarke, H. G. Coker, G., Dr. Conger, J. W. Conner, J. Davis

Dean, N. Dennard DeVane Dixon Etheridge Floyd Flynt Fowler, J. W. Fulford Funk Gibbons Greene Griffin Hale Hall
Harrington Harris Henderson Herndon Hill House Houston Hurst Isenberg Johnson, A. S., Dr. Johnson, B. Jones, C. M. Jordan, J. E. Keadle Killian Knight, D. W. Knight, W. D. Laite

Lane Lee, G. B. Lee, W. J. (Bill) Lee, Wm. S. Lewis Logan Lokey Lowrey Mackay Matthews, C. McClelland McCracken McDonald McKemie Meeks Melton Milford Milhollin Mitchell Mixon Moate Moore Murphy Nessmith Newton, D. L. Odom Overby Paris Parker Partridge Payton Perry Peterson

30
Phillips Ponsell Poole Pope Poss Rainey Raulerson Reaves Rhodes Richardson Roberts Rogers, Jimmie Rowland Shea Simmons

JOURNAL OF THE HOUSE,

Sinclair Singer Smith, E. B., Jr. Smith, G. L. II Smith, R. R. Smith, V. T. Snow Stalnaker
Steis Tabb Teague Towson Tucker, J. B. Tucker, Ray M. Underwood, J. C.

Underwood, R. R. Vaughn Walker Warren
Watson Watts Wells, D. W. Wells, H. H. White Wiggins Wilkes Williams, G. J. Williams, W. M. Woodward

Those not voting were Messrs.:

Acree Barber Bedgood Bell Blair Bowen, R. P. Bynum Causby Coker, R. Cullens Been, H. D. Dicus
Dorminy Duncan, A. C. Duncan, J. E. Echols Fleming Flournoy Fowler, A. A. Jr. Groover Harrell

Horton Hull Jones, D. C. Jones, T. C. Jones, M. Jordan, W. H.
Kelly Keyton Kirkland Lambert Leonard Lindsey Matthews, D. R. Morgan, H. Morgan, J. H. Mullis Newton, A. S. Pafford Pickard Rodgers, H. B. Roper

Russell Rutland Scarborough
Sewell Shuman Simpson Smith, A. C., Jr. Smith, Chas. C. Spikes Story Strickland Stuckey Todd Tucker, M. K. Twitty Ware Wilson, Hoke Wilson, J. M. Hudgins Smith, G. T.

On the passage of the Bill, the ayes were 143, nays 0.

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

Mr. Busbee of Dougherty moved that HB 1 be immediately transmitted to the Senate and the motion prevailed. HB 1 was ordered immediately transmitted to the Senate.

Messrs. Harrell of Fayette and Dorminy of Ben Hill stated that they were called from the Hall of the House to confer with constituents at the time the roll was called but had they been present they would have voted "Aye".

THURSDAY, MAY 7, 1964

31

HB 2. By Messrs. Busbee, Lee and Odom of Dougherty:
A Bill to be entitled an Act to create a new judicial circuit for the State of Georgia, to be known as the Dougherty Judicial Circuit, to be com posed of the County of Dougherty, and for other purposes.

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

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

Those voting in the affirmative were Messrs.

Abney Alien Andrews Arnsdorff Bagby Baughman Beck Blalock, E. Bolton Bowen, R. L. Brantley Brooks, Geo. B. Brooks, Wilson Brown Byrd Caldwell Carr Clark, J. T. Clarke, H. G. Coker, G., Dr. Conner Dennard DeVane Dixon Dorminy Plournoy Floyd Flynt Fowler, A. A. Jr. Fowler, J. W. Fulford Funk Gibbons Hale Hall Harrell Harrington Harris

Henderson Herndon House Houston Hurst Isenberg Johnson, A. S. Dr. Johnson B. Jones, C. M. Jones, M. Jordan, J. E. Keadle Killian Knight, W. D. Lee, W. J. (Bill) Lee, Wm. S. Lewis Lokey Lowrey Mackay Matthews, C. McClelland McCracken McDonald Meeks Melton Mitchell Mixon Moate Moore Murphy Nessmith Newton, D. L. Odom Overby Paris Parker Partridge

Pay ton Perry Peterson Phillips Ponsell Poole Pope Poss Rainey Reaves Richardson Rogers, Jimmie Rowland Shea Simmons Sinclair Smith, E. B., Jr. Smith, G. L. II Smith, R. R. Smith, V. T. Snow Stalnaker Steis Tucker, J. B. Tucker, Ray M. Underwood, R. R. Vaughn Walker Ware Warren Watson Watts Wells, D. W. Wells, H. H. Wilkes Williams, G. J. Wilson, Hoke Woodward

32

JOURNAL OF THE HOUSE,

Those not voting were Messrs.:

Anderson Ballard Barber Bedgood Bell Black Blair Blalock, D. B. Bowen, A. Bowen, R. W. Bowen, R. P. Brackin Branch Bynum Chandler Coker, R. Cullens Da vis Dean, N. Deen, H. D. Dicus Duncan, A. C. Duncan, J. E. Echols Etheridge Fleming Greene Groover

Hill Horton Hull Jones, D. C. Jones, T. C. Jordan, W. H. Kelly Keyton Kirkland Knight, D. W. Laite Lambert Lane Lee, G. B. Lindsey Logan Matthews, D. R. McKemie Milford Milhollin Morgan, H. Morgan, J. H. Mullis Newton, A. S. Pafford Pickard Rhodes Roberts

Rodgers, H. B. Roper Russell Rutland Scarborough Sewell Shuman Simpson Singer Smith, A. C., Jr. Smith, Chas. C. Spikes Story Strickland Stuckey Tabb Teague Todd Towson Tucker, M. K. Twitty Underwood, J. C. White Wiggins Williams, W. M. Wilson, J. M. Hudgins Smith, G. T.

Those voting in the negative were Messrs.:

Acree Busbee Causby

Conger Griffin Leonard

Raulerson

On the passage of the Bill the ayes were 114, nays 7.

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

Mr. Busbee of Dougherty moved that HB 2 be immediately transmitted to the Senate and the motion prevailed.

HB 2 was ordered immediately transmitted to the Senate.

Mr. Busbee of Dougherty stated that he inadvertently voted "Nay" and would like to be recorded as voting "Aye" on HB 2.

THURSDAY, MAY 7, 1964

33

Mr. Rhodes of Baker stated that he was called from the Hall of the House to confer with constituents at the time the roll was called but had he been present he would have voted "Aye" on HB 2.

Mr. Barber of Jackson stated that he was out of the Hall of the House on official business and would like to be recorded as voting "Aye" on HB 1 and HB 2.

Mr. Bolton of Spalding moved that the House do now adjourn until 9:45 o'clock a.m. tomorrow morning and the motion prevailed.

The Speaker announced the House adjourned until 9:45 o'clock a.m. tomor row morning.

34

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia

Friday, May 8, 1964

The House met pursuant to adjournment at 9:45 o'clock, A.M., this day and was called to order by the Speaker.

Prayer was offered by Rev. Charles C. Walker, Pastor 1st Baptist Church, Jasper, Ga.
By unanimous consent the call of the roll was dispensed with.
Mr. Clarke of Monroe, 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 the Journal was dispensed with.
The Journal was confirmed.

By unanimous consent, the following was established as the order of busi ness during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. 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 read the first time and referred to the Committees:

HB 11. By Mr. Warren of Wayne:
A Bill to be entitled an Act to amend an Act repealing the charter of the town of Screven and reincorporating said town as a city and

FRIDAY, MAY 8, 1964

35

changing the name thereof to the "City of Screven", so as to change the terms of office of the Mayor and Councilmen; and for other pur poses.
Referred to the Committee on Local Affairs.

HB 12. By Mr. Meeks of Union:
A Bill to be entitled an Act to create a Board of Commissioners of Roads and Revenues for Union County; and for other purposes.
Referred to the Committee on Local Affairs.

HB 13. By Mr. Bowen of Dooly:
A Bill to be entitled an Act to amend an Act incorporating the Town of Byromville in the County of Dooly, so as to extend the corporate limits of said town; and for other purposes.
Referred to the Committee on Local Affairs.

HB 14. By Mr. Causby of Gordon:
A Bill to be entitled an Act to amend an Act placing the sheriff of Gordon County upon an annual salary, so as to provide for deputy sheriffs and their compensation; and for other purposes.
Referred to the Committee on Local Affairs.

HB 15. By Mr. Causby of Gordon:
A Bill to be entitled an Act to amend an Act creating the office of Commissioner of Roads and Revenues in and for the County of Gordon, so as to change the compensation of the clerk of the Commissioner of Roads and Revenues of Gordon County; and for other purposes.
Referred to the Committee on Local Affairs.

HB 16. By Messrs. Payton and Blalock of Coweta:
A Bill to be entitled an Act to amend an Act changing the compensation of the sheriff, the ordinary, and the clerk of the superior court of Coweta County from the fee system to the salary system, so as to change the clerical expense authorization for the office of the ordinary; and for other purposes.
Referred to the Committee on Local Affairs.
HR 14-16. By Messrs. Echols and Caldwell of Upson:
A Resolution proposing an amendment to the Constitution of the State of Georgia so as to create a body corporate and politic and an instru-

36

JOURNAL OF THE HOUSE,

mentality of the State of Georgia to be known as the Thomaston Office Building Authority; and for other purposes.
Referred to the Committee on Local Affairs.

By unanimous consent, the following Bills and Resolution of the House were read the second time:
HB 8. By Messrs. Harris and Mackay of DeKalb: A Bill to be entitled an Act to abolish the Village of North Atlanta; and for other purposes.
HB 9. By Messrs. Harris and Mackay of DeKalb: A Bill to be entitled an Act to amend an Act establishing compensation of the elected county officials of DeKalb County so as to adjust the salaries provided in said Act; and for other purposes.
HB 10. By Messrs. Dixon and Ponsell of Ware: A Bill to be entitled an Act to consolidate the office of Tax Collector and Tax Receiver of Ware County into the one office of Tax Commis sioner of Ware County; and for other purposes.
HR 13-10. By Mr. Dixon of Ware: A Resolution proposing an amendment to the Constitution so as to provide for the election of members of the Board of Education of Ware County by the voters outside the corporate limits of the City of Waycross and for the appointment of the County School Superintendent of Ware County by the Board; and for other purposes.
The following Resolution was read and adopted:

HR 15. By Messrs. McCracken of Jefferson, Steis of Harris, and others:
A RESOLUTION
Commending the Honorable J. Edgar Hoover; and for other pur poses.
WHEREAS, on May 10, 1964, Mr. Hoover will celebrate his fortieth anniversary as Director of the Federal Bureau of Investigation; and

FRIDAY, MAY 8, 1964

37

WHEREAS, during his forty years as Director, the F.B.I, has established international recognition as one of the most effective law enforcement agencies in the world; and

WHEREAS, through his integrity, common sense, knowledge of crime in the United States, knowledge of the communist conspiracy, and duty to God and country, Mr. Hoover stands out today as one of America's greatest citizens; and

WHEREAS, the F.B.I, stands as a bulwark between the freedomloving people of America and the atheistic followers of godless com munism; and

WHEREAS, it is only fitting and proper that this great American be commended for his outstanding dedication to the security of this nation.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend and express its appreciation to Honorable J. Edgar Hoover for his exceptional record of public service as Director of the Federal Bureau of Investi gation.

Mr. Melton of Spalding moved that the House do now adjourn until 2:00 o'clock p.m. Monday afternoon and the motion prevailed.

The Speaker announced the House adjourned until 2:00 o'clock p.m. Monday afternoon.

38

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia

Monday, May 11, 1964

The House met pursuant to adjournment at 2:00 o'clock, P.M., this day and was called to order by the Speaker.
Prayer was offered by Rev. R. E. Crawford, Ga. Cumberland Conference of 7th Day Adventists.
By unanimous consent the call of the roll was dispensed with.
Mr. Clarke of Monroe, Chairman of the Committee on Auditing, Enrolling, Engrossing and Journals reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.

By unanimous consent, the following was established as the order of busi ness during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. 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 unnanimous consent, the following bills and resolution of the House were read the second time:

HB 11. By Mr. Warren of Wayne:
A Bill to be entitled an Act to amend an Act repealing the charter of the town of Screven and reincorporating said town as a city and chang ing the name thereof to the "City of Screven", so as to change the terms of office of the Mayor and Councilmen; and for other purposes.

MONDAY, MAY 11, 1964

39

HB 12. By Mr. Meeks of Union:
A Bill to be entitled an Act to create a Board of Commissioners of Roads and Revenues for Union County; and for other purposes.

HB 13. By Mr. Bowen of Dooly:
A Bill to be entitled an Act to amend an Act incorporating the Town of Byromville in the County of Dooly, so as to extend the corporate limits of said town; and for other purposes.

HB 14. By Mr. Causby of Gordon:
A Bill to be entitled an Act to amend an Act placing the sheriff of Gordon County upon an annual salary, so as to provide for deputy sheriffs and their compensation; and for other purposes.

HB 15. By Mr. Causby of Gordon:
A Bill to be entitled an Act to amend an Act creating the office of Commissioner of Roads and Revenues in and for the County of Gordon, so as to change the compensation of the clerk of the Commissioner of Roads and Revenues of Gordon County; and for other purposes.

HB 16. By Messrs. Payton and Blalock of Coweta:
A Bill to be entitled an Act to amend an Act changing the compensation of the sheriff, the ordinary, and the clerk of the superior court of Coweta County from the fee system to the salary system, so as to change the clerical expense authorization for the office of the ordinary; and for other purposes.

HR 14-16. By Messrs. Echols and Caldwell of Upson:
A Resolution proposing an amendment to the Constitution of the State of Georgia so as to create a body corporate and politic and an instru mentality of the State of Georgia to be known as the Thomaston Office Building Authority; and for other purposes.

The following message was received from the Senate through Mr. Stewart the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bill of the House to wit:

40

JOURNAL OF THE HOUSE,

HB 1. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb Busbee of Dougherty and Andrews of Stephens:
A Bill to provide supplementary appropriations for the fiscal year end ing June 30, 1964, in addition to any other appropriations heretofore or hereafter made for the Legislative Branch of the Government; and for other purposes.

The following resolutions of the House were read and adopted:

HR 16. By Messrs. Pafford of Lanier, Nessmith of Bulloch, Knight of Berrien, and many others:
A RESOLUTION
Congratulating "Uncle Joe" Strickland; and for other purposes.
WHEREAS, on March 23, 1964, Uncle Joe Strickland of Lanier County celebrated his 100th birthday; and
WHEREAS, Uncle Joe has been saying for many months that he was planning a big party on his 100th birthday; and
WHEREAS, his plan was more than fulfilled when almost 1,000 persons from Lanier, Lowndes, Bulloch, Berrien, Clinch, Echols, and twenty other counties and several States attended his birthday celebra tion; and
WHEREAS, seventy-five (75) members of the Hunting Club of Bulloch County attended the birthday celebration to pay homage to their oldest former member; and
WHEREAS, Uncle Joe donated the land on which the Unity Metho dist Church is located and is the oldest member of that church, which is another example of his high character; and
WHEREAS, Uncle Joe has a keen interest in politics and always exercises his right to vote as shown by his having voted in the last 19 presidential elections, which is an example of good citizenship to be admired not only by the people of his community but by the entire State of Georgia.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does heartily congratulate Uncle Joe Strickland on the occasion of hi.s 100th birthday and sincerely wishes him continued good health and many happy returns of the day.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to send an appropriate

MONDAY, MAY 11, 1964

41

copy of this Resolution to Mr. and Mrs. Joe Strickland to to their son and daughter-in-law, Mr. and Mrs. Frank Strickland.

HR 17. By Messrs. Smith of Grady, Brooks of Fulton and others:
A RESOLUTION
To express sympathy at the passing of Mrs. Homer C. (Wilhemina Lowe) Parker.
WHEREAS, Mrs. Parker, the wife of the late Homer C. Parker, State Comptroller-General of the State of Georgia from 1941 to 1946, passed away in Atlanta on April 21, 1964; and
WHEREAS, Mrs. Parker taught in the Atlanta Public Schools from 1916 to 1960 and vigorously enhanced the educational development of the youth of our great State, and her outstanding record of achievement will be felt and remembered by all with whom she came in contact; and
WHEREAS, Mrs. Parker, better known as Mina to thousands of teachers in the Atlanta Public School System, was considered as truly one of the most wise, able and just teachers by all who served with her. Her door was always open for counsel and guidance to her many students and fellow workers. She was a lady of true dignity, warmth and under standing; and
WHEREAS, Mrs. Parker was big in heart, big in mind and big in spirit and was dear to all who knew her for her dignity, wisdom and other outstanding sterling qualities. Immeasurable is the respect, esteem and affection of all who knew her, and immeasurable is their grief for the loss of Mrs. Parker.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body does hereby express heartfelt sympathy to the members of Mrs. Parker's family and her many friends.
BE IT FURTHER RESOLVED that the Clerk of the House of Rep resentatives is hereby authorized and directed to forward an appropri ate copy of this Resolution to the family of Mrs. Homer C. Parker.

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

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

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JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia

Tuesday, May 12, 1964

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

Prayer was offered by Rev. Carter Berkley, Pastor, Lakeland Methodist, Church, Lakeland, Ga.

By unanimous consent the call of the roll was dispensed with.

Mr. Clarke of Monroe, Chairman of the Committee on Auditing, Enrolling, Engrossing and Journals reported that the Journal of the previous legislative day had been read and found to be correct.

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

The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. 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 of the House were read the first time and referred to the Committees:
HB 17. By Mr. Jones of Worth: A Bill to be entitled an Act to provide a new charter for the City of Sylvester in the County of Worth; and for other purposes.
Referred to the Committee on Local Affairs.

TUESDAY, MAY 12, 1964

43

HB 18. By Messrs. Ware and Spikes of Troup, Davis of Heard, Hill of Meriwether, Wiggins and Duncan of Carroll, and Payton and Blalock of Coweta:
A Bill to be entitled an Act to amend an Act providing an assistant solicitor-general for the Coweta Judicial Circuit so as to fix the assistant solicitor general's salary; and for other purposes.
Referred to the Committee on Judiciary.

HB 19. By Mr. Henderson of Atkinson:
A Bill to be entitled an Act to amend an Act creating a County Court of Atkinson County, so as to provide that the solicitor of said court shall be appointed; to provide for terms of office; and for other pur poses.
Referred to the Committee on Judiciary.

Mr. Hale of Dade County, Chairman of the Committee on Local Affairs, submitted the following report:
Mr. Speaker:--
Your Committee on Local Affairs has had under consideration the following Bills and Resolutions of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 3. Do Pass. HB 4. Do Pass. HB 5. Do Pass HB 6. Do Pass. HB 7. Do Pass. HB 8. Do Pass. HB 9. Do Pass. HB 10. Do Pass. HB 11. Do Pass. HB 12. Do Pass. HB 13. Do Pass. HB 14. Do Pass. HB 15. Do Pass. HB 16. Do Pass. HR 12- 7. Do Pass. HR 13-10. Do Pass.

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HR 14-16. Do Pass.

Respectfully submitted, Hale of Bade Chairman.
The following resolution of the House was read and adopted:
HR 19. By Messrs. Smith of Grady, Bolton of Spalding, Busbee of Dougherty and Andrews of Stephens:
A RESOLUTION
Calling a Joint Session of the House and Senate for the purpose of congratulating and extending the best wishes of the General Assembly to His Excellency on his thirty-ninth birthday; and for other purposes.
WHEREAS, on May 15, 1964, His Excellency, Governor Carl E. Sanders, will be thirty-nine years of age; and
WHEREAS, the members of the General Assembly are desirous of extending to the Governor their congratulations and best wishes on his birthday.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the members of this Body extend a most cordial invitation to his Excellency, Governor Carl E. Sanders, to attend a Joint Session of the House of Representatives and the Senate at 10:00 o'clock A.M., March 15, 1964, in the Hall of the House of Representa tives.
BE IT FURTHER RESOLVED that the heads of the various de partments, boards, commissions and other agencies of the State are also extended an invitation to accompany the Governor.
BE IT FURTHER RESOLVED that a Joint Session of the House and Senate be held in the Hall of the House of Representatives at 10:00 o'clock A.M. on the aforesaid date for the purpose of extending to the Governor the congratulations and best wishes of the General Assembly on his birthday.
BE IT FURTHER RESOLVED that a committee of fourteen, seven from the House to be named by the Speaker and seven from the Senate to be named by the President, be appointed to escort His Excellency, the Governor, to the Hall of the House of Representatives.

TUESDAY, MAY 12, 1964

45

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

HB 3. By Mr. Bowen of Toombs:
A Bill to be entitled an Act to place the sheriff of Toombs County upon an annual salary in lieu of the fee system of compensation, and for other purposes.

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

On the passage of the Bill, the ayes were 120, nays 0.

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

HB 4. By Mr. Been of Bacon:
A bill to be entitled an Act creating a new charter for the City of Alma, so as to authorize the mayor and city council by a majority vote to close, sell, dedicate or donate any and all alleys and streets located with in the corporate limits of the City of Alma, and for other purposes.

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

On the passage of the Bill, the ayes were 120, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 5. By Messrs. Laite, House and Groover of Bibb: A Bill to be entitled an Act to convey to Lamar Properties, Inc. the fee simple title to certain property in the City of Macon, and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 120, nays 0.

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JOURNAL OF THE HOUSE,

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

HB 6. By Mr. Warren of Wayne:
A Bill to be entitled an Act to amend an Act repealing the present char ter of the Town of Screven, so as to extend the corporate limits of the City of Screven, and for other purposes.

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

On the passage of the Bill, the ayes were 120, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 7. By Mr. Warren of Wayne: A Bill to be entitled an Act to amend an Act establishing the City Court of Jesup in and for the County of Wayne, so as to provide for an official court reporter, and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 120, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 8. By Messrs. Harris and Mackay of DeKalb: A Bill to be entitled an Act to abolish the Village of North Atlanta, to withdraw the certificate and charter of incorporation granted to the Village, and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the Passage of the Bill, the ayes were 120, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

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47

HB 9. By Messrs. Harris and Mackay of DeKalb:
A Bill to be entitled an Act to amend an Act, establishing compensation of the elected county officials of DeKalb County, so as to provide salaries, and for other purposes.

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

On the passage of the Bill, the ayes were 120, nays 0.

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

HB 11. By Mr. Warren of Wayne:
A Bill to be entitled an Act to amend an Act repealing the charter of the town of Screven and reincorporating the said town as a city, and for other purposes.

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

On the passage of the Bill, the ayes were 120, nays 0.

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

HB 12. By Mr. Meeks of Union:
A Bill to be entitled an Act to create a Board of Commissioners of Roads and Eevenues for Union County, and for other purposes.

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

On the passage of the Bill, the ayes were 120, nays 0.

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

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JOURNAL OF THE HOUSE,

HB 13. By Mr. Bowen of Dooly:
A Bill to be entitled an Act incorporating the Town of Byromville in the County of Dooly, so as to extennd the corporate limits of said town, and for other purposes.

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

On the passage of the Bill, the ayes were 120, nays 0.

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

HB 14. By Mr. Causby of Gordon:
A Bill to be entitled an Act to amend an Act placing the sheriff of Gor don County upon an annual salary, so as to provide for deputy sheriffs and their compensation, and for other purposes.

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

On the passage of the Bill, the ayes were 120, nays 0.

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

HB 15. By Mr. Causby of Gordon:
A Bill to be entitled an Act to amend an Act creating the office of Commissioner of Roads and Revenues in and for the County of Gordon, so as to change the compensation of the clerk of the Commissioners of Roads and Revenues of Gordon County, and for other purposes.

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

On the passage of the Bill, the ayes were 120, nays 0.

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

TUESDAY, MAY 12, 1964

49

HB 16. By Messrs. Payton and Blalock of Coweta:
A Bill to be entitled an Act to amend an Act changing the Compensation of the sheriff, the ordinary, and the clerk of the superior court of Coweta County from the fee system to the salary system, and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 120, nays 0.

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

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

HE 12-7 By Mr. Kelly of Jasper:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide that any number of members of the County Board of Education of Jasper County may reside in the same Militia District; to provide for the sub mission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1
Article VIII, Section V, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following:
"When selecting the members of the County Board of Education of Jasper County, the Grand Jury of such County may select such members without regard to Militia District lines and any number of members of said Board may reside in the same Militia District."
When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such pro posed amendments shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.

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

"For ratification of amendment to the Constitution so as to provide that any number of members of the County Board of Edu cation of Jasper County may reside in the same Militia District.

"Against ratification of amendment to the Constitution so as to provide that any number of members of the County Board of Education of Jasper County may reside in the same Militia Dis
trict."

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

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

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

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

Those voting in the affirmative were Messrs.:

Abney Acree Andrews Arnsdorff Bagby Baughman Beck Bell Black Blair Blalock, E. Bolton Bowen, A. Bowen, R. L. Bowen, R. W. Brantley Brooks, Geo. B.

Brooks, Wilson Busbee Byrd Caldwell Carr Clark, J. T. Coker, G., Dr. Conger Conner Cullens Davis Dennard DeVane Dixon Duncan, A. C. Echols Etheridge

Fleming Flournoy Floyd Fowler, A. A., Jr. Fowler, J. W. Fulford Funk Greene Groover Hale Harris Henderson Herndon House Hull Hurst Isenberg

TUESDAY, MAY 12, 1964

Johnson, A. S. Dr. Jones, C. M. Jones, F. C. Jones, M. Jordan, W. H. Keadle Keyton Killian Kirkland Knight, D. W. Knight, W. D. Laite Lambert Lane Lee, G. B. Lee, W. J. (Bill) Lee, Wm. S. Leonard Mackay Matthews, C. McClelland McCracken McKemie Meeks Melton Milford Mihollin Mitchell Mixon

Moate Morgan, J. H. Mullis Murphy Nessmith Newton, D. L. Odom Overby Pafford Parker Partridge Perry Peterson Phillips Ponsell Poole Pope Rainey Raulerson Reaves Richardson Roberts Rodgers, H. B. Rogers, Jimmie Roper Rowland Sewell Shea Shuman

Those not voting were Messrs.:

Alien Anderson Ballard Barber Bedgood Blalock, D. B. Bowen, R. P. Brackin Branch Brown Bynum Causby Chandler Clarke, H. G. Coker, R. Dean, N. Deen, H. D. Dicus Dorminy Duncan, J. E. Flynt Gibbons Griffin

Hall Harrell Harrington Hill Horton Houston Johnson, B. Jones, D. C. Jordan, J. E. Kelly Lewis Lindsey Logan Lokey Lowrey Matthews, D. R. McDonald Moore, J, H. Morgan, H. Newton, A. S. Paris Payton Pickard

51
Sinclair Singer Smith, Chas. C. Smith, E. B. Jr. Smith, R. R. Smith, V. T. Snow Stalnaker Steis Story Strickland Tabb Teague Towson Tucker, J. B. Tucker, Ray M. Twitty Underwood, J. C. Underwood, R. R. Warren Wells, D. W. Wells, H. H. White Wiggins Wilkes Williams, G. J. Wilson, Hoke Wilson, J. M. Hudgins
Poss Rhodes Russell Rutland Scarborough Simmons Simpson Smith, A. C., Jr. Smith, G. L. II Spikes Stuckey Todd Tucker, M. K. Vaughn Walker Ware Watson Watts Williams, W. M. Woodward Smith, G. T.

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On the adoption of the Resolution, the ayes were 138, nays 0.

The Resolution, having received the requisite two-thirds constitutional majori ty, was adopted.

Mr. Kelly of Jasper stated that he was called from the Hall of the House to confer with constituents at the time the roll was called but had he been present he would have voted "Aye" on HR 12-7.

HR 14-16. By Messrs. Echols and Caldwell of Upson:
A RESOLUTION
Proposing an amendment to the Constitution of the State of Georgia so as to create a body corporate and politic and an instrumentality of the State of Georgia to be known as the Thomaston Office Building Author ity; to provide the manner in which the name of such Authority may be changed; to authorize the said Authority to acquire, construct, equip, maintain and operate self-liquidating projects embracing buildings and facilities for use by the City of Thomaston, Georgia, for its governmental, proprietary and administrative functions and for use by such other agencies, authorities, departments and political subdivisions of the State of Georgia or of the government of the United States as may contract with the Authority for the use of such facilities; to authorize the City of Thomaston, Georgia, to lease or sell lands, buildings or lands and buildings to such Authority; to provide for the appointment of the members of the Authority; to provide for the manner of changing the number and the manner of their appoinntment; to define certain words and terms; to confer powers and impose duties on the Authority; to grant limitations to the Authority; to authorize the Authority and the City of Thomaston, Georgia, and the Authority and other agencies, au thorities, departments and political subdivisions of the State of Georgia to enter into contracts and leases pertaining to the use of such facilities, which contracts and leases shall severally obligate the respective political subdivisions to make payment for the use of the facilities for the term thereof definite and certain and to pledge for that purpose money derived from taxation; to provide that no debt of the City of Thomaston, Geor gia, or of any political subdivision of the State of Georgia, within the meaning of Article VII, Section VII, Paragraph I of the Constitution of the State of Georgia shall be incurred in the exercise of any of the pow ers granted hereunder; to authorize the issuance of revenue bonds of the Authority payable from the revenues, rents and earnings or other funds of the Authority; to pay the costs of such projects; to authorize the collection and pledging of such revenues, rentals and earnings for the payment of such bonds and for the cost of maintaining, operating and repairing of projects; to authorize the adoption of resolutions and the execution of trust indentures to secure the payment of such bonds and to define the rights of the holders of such bonds; to make the bonds of the Authority exempt from taxation; to provide the right and power for the Authority to condemn property of every kind and character; to authorize

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53

the issuance of revenue refunding bonds; to provide for the validation of such bonds and to fix the venue or jurisdiction of actions relating to any provisions of this amendment; to exempt the property and income of the Authority from taxation; to provide for the Authority immunity and
exemption from liability for torts and negligence; to provide that the property of the Authority shall not be subject to levy and sale except under certain conditions; to provide that this amendment shall be liberal ly construed; to provide an effective date for this amendment; to provide that no enabling legislation shall be necessary; to define the scope of the Authority's operations; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:

SECTION I
Article VII, Section VII, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following:
Thomaston Office Building Authority:
"A. Creation. There is hereby created a body politic to be known as the Thomaston Office Building Authority which shall be deemed to be an instrumentality of the State of Georgia and a public corporation and in that name, style and title said body may contract and be contracted with, sue and be sued, plead and be interpleaded, and complain and defend in all courts of law and equity. In the event the name of said Authority shall ever become the subject of change, the same may be accomplished by an Act of the General Assembly.

"B. Purpose. The said Authority is created for the purpose of acquiring, constructing, equipping, maintaining and operating selfliquidating projects embracing buildings and facilities for use by the City of Thomaston, Georgia, for its governmental, proprietary and administrative functions and for the use by such other agencies, authorities, departments and political subdivisions of the State of Georgia or the government of the United States as may contract with the Authority for the use of such facilities. The City of Thomaston, Georgia, is hereby granted the authority to lease or sell lands, buildings or land and buildings now owned by the City of Thomaston, Georgia, to said Authority by appropriate resolution of its gov erning body and upon such terms and conditions as such governing body shall prescribe; provided that such sales by the City of Thomaston, Georgia, to the Authority shall be for cash, and provided that such leases shall not exceed fifty (50) years in duration.

"C. Membership. The Authority shall consist of three members, one of whom shall be the Mayor of the City of Thomaston, Georgia, one of whom shall be a City Councilman of the City Council of the City of Thomaston, Georgia, who shall be selected by the City Council of said City of Thomaston, Georgia, and one of whom shall be a freeholder and qualified registered voter of said City of Thomaston,

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Georgia, selected by the Mayor and Council of the City of Thomaston, Georgia. The term of office of members of said Authority, as to the Mayor of the City of Thomaston, shall be for the same term as he is acting in the official capacity as Mayor, the other two mem bers of the Authority shall hold office for a term of one calendar year and until their successors shall be selected and appointed. Any vacancy on the Authority, except the member who shall be the Mayor of the City of Thomaston, may be filled for any unexpired term by the Mayor and Council of the City of Thomaston. Immediate ly after such appointments, the members of such Authority shall enter upon their duties. The Authority shall elect one of its mem bers as Chairman, and one as Vice-Chairman, and also elect a Secretary and Treasurer, which Secretary and Treasurer need not necessarily be a member of the Authority. Two members of the Authority shall constitute a quorum. No vacancy on the Authority shall impair the right of the quorum to exercise all the rights and perform all the duties of the Authority. The members of the Au thority shall receive no compensation for their services but may be reimbursed by the Authority for their actual expenses necessarily incurred in the performance of their duties. The Authority shall have perpetual existence. In the event the number of the members of the Authority or the qualifications of the membership of the Author ity or the manner in which members of the Authority shall be select ed shall ever become the subject of change, the same may be ac complished by an Act of the General Assembly.

"D. Definitions. As used herein the following words and terms shall have the following meanings:

"(1) The word 'Authority' shall mean the Thomaston Office Building Authority herein created.

"(2) The words 'City of Thomaston' and 'City' shall mean the corporate body created by the General Assembly of Georgia under the name and style of the 'City of Thomaston'.

"(3) The word 'project' shall be deemed to mean and include one or a combination of two or more of the following: buildings and facilities intended for use as courthouse, jail, police station, fire station, administrative offices and other offices and related uses, and all buildings, structures, electric, gas, steam and water utilities and facilities of every kind and character deemed by the Authority necessary or convenient for the efficient operation of any depart ment, board, office, commission or agency of the City of Thomaston in the performance of its governmental, proprietary and administra
tive functions, or of such buildings and facilities intended for use by any division, department, institution, agency or political sub division of the State of Georgia, or the government of the United States.

"(4) The term 'cost of the project' shall embrace the cost of construction, the cost of all lands, properties, rights and easements and franchises acquired, the cost of all machinery and equipment, financing charges, interest prior to and during construction, cost

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of engineering, architectural and legal expenses, and of plans and specifications, and other expenses necessary or incident to deter mining the feasibility or practicability of the project, administrative expanse, and such other expenses as may be necessary or incident to the financing herein authorized, the construction of any project, the placing of the same in operation, and the condemnation of pro perty necessary for such construction and operation. Any obligation or expense incurred for any of the foregoing purposes shall be re garded as a part of the cost of the project and may be paid or reim bursed as such out of the proceeds of revenue bonds issued under the provisions herein.

"(5) The terms 'revenue bonds' and 'bonds' as used in this amendment, shall mean revenue bonds under the provisions of the Eevenue Bond Law (Ga. L. 1957, pp. 36, et seq.) amending the law formerly known as the Revenue Certificate Law of 1937 (Ga. L. 1937, pp. 761, et seq., as amended) and such type of obligations may be issued by the Authority as authorized under said Revenue Bond Law and in addition, shall also mean obligations of the Authority the issuance of which are hereinafter specifically provided for herein.

"(6) Any project or combination of projects shall be deemed 'self-liquidating' if, in the judgment of the Authority the revenues to be derived by the Authority from rentals of said project or pro jects to the City of Thomaston or agencies, authorities, departments and political subdivisions of the State of Georgia and of the United States will be sufficient to pay the cost of maintaining, repairing and operating the project and to pay the principal and interest of
revenue bonds which may be issued for the cost of such projects, projects, or combination of projects.

"E. Powers. The Authority shall have the powers:

"(1) To have a seal and alter the same at pleasure;

"(2) To acquire by purchase, lease or otherwise, and to hold, lease and dispose of real and personal property of every kind and character for its corporate purposes;

"(3) To acquire in its own name by purchase, on such terms and conditions and in such manner as it may deem proper or by condemnation in accordance with the provisions of any and all exist ing laws applicable to the condemnation of property for public use, real property or rights of easements therein or franchises necessary or convenient for its corporate purposes, and to use the same so long as its corporate existence shall continue and to lease or make contracts with respects to the use of or dispose of the same in any manner it deems to the best advantage of the Authority, the Author ity being under no obligation to accept and pay for any property condemned as provided herein except from the funds provided herein, and in any proceedings to condemn, such orders may be made by the court having jurisdiction of the suit, action or proceeding as may be just to the Authority and to the owners of the property to

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be condemned, and no property shall be acquired as provided herein upon which any lien or other incumbrance exists, unless at the time such property is so acquired a sufficient sum of money be deposited in trust to pay and redeem the fair value of such lien or incum brance;
"(4) To appoint and select officers, agents and employees, including engineering, architectural and construction experts, fiscal agents and attorneys, and fix their compensation;
"(5) To make contracts and leases and to execute all instru ments necessary or convenient, including contracts for construction of projects and leases of projects or contracts with respect to the use of projects which it causes to be erected or acquired, and the City of Thomaston and any divisions, departments, institutions, agencies, counties or political subdivisions of the State of Georgia are hereby authorized to enter into contracts, leases or agreements with the Authority upon such terms and for such purposes as they deem advisable; and without limiting the generality of the above, au thority is specifically granted to the said City and any division, department, institution, agency or political subdivision of the State of Georgia to enter into lease contracts and related agreements for the use of any structure, building or facility or a combination of any two or more structures, buildings or facilities of the Authority for a term not exceeding fifty years and any division, department, in stitution, agency or political subdivision of the State of Georgia may obligate itself to pay an agreed sum for the use of such property and the City of Thomaston may enter into lease contracts and relat ed agreements for the use of any structure, building or facility or a combination of two or more structures, buildings or facilities of the Authority for a term not exceeding fifty years upon a majority vote of its governing body and may obligate itself to pay an agreed sum for the use of such property so leased and also obligate itself as a part of the undertaking to pay the cost of maintaining, repairing and operating the property furnished by and leased from the Au thority;
"(6) To construct, erect, acquire, own, repair, remodel, main tain, add to, extend, improve, equip, operate and manage projects, as hereinabove defined, to be located on property owned by or leased by the Authority, the cost of any such project to be paid in whole or in part from the proceeds of revenue bonds of the Authority or from such proceeds and any grant from the United States of America or any agency or instrumentality thereof;
"(7) To accept loans and/or grants of money or materials or property of any kind from the United States of America or any agency or instrumentality thereof upon such terms and conditions as the United States of America or such agency or instrumentality may impose;
"(8) To borrow money for any of its corporate purposes and to issue negotiable revenue bonds payable solely from funds pledged for that purpose, and to provide for the payment of the same and for the rights of the holders thereof;

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"(9) To exercise any power usually possessed by private cor porations performing similar functions, which is not in conflict with the Constitution and laws of this State; and

"(10) To do all things necessary or convenient to carry out the powers expressly given herein.

"F. Revenue Bonds. The Authority, or any authority or body which has or which may in the future succeed to the powers, duties and liabilities vested in the Authority created hereby, shall have pow
er and is hereby authorized at one time, or from time to time, to pro
vide by resolution for the issuance of negotiable revenue bonds, for the purpose of paying all or any part of the cost as herein defined of any one or more projects. The principal and interest of such revenue bonds shall be payable solely from the special fund herein provided for such payment. The bonds of each issue shall be dated, shall bear interest at such rate or rates not exceeding the maximum limit prescribed in the Revenue Bond Law or any amendment there to, shall be payable semiannually, shall mature at such time or times not exceeding thirty (30) years from their date or dates, shall be payable in such medium of payment as to both principal and interest as may be determined by the Authority, and may be made redeemable before maturity, at the option of the Authority, at such price or prices and under such terms and conditions as may be fixed by the Authority in the resolution providing for the issuance of the bonds. Such revenue bonds or obligations shall be issued pursuant to and in conformity with the Revenue Bond Law (Ga. L. 1957, p. 36, et seq.) amending the law formerly known as the Revenue Certificate Law of 1937 (Ga. L. 1937, p. 761, et seq., as amended), and all procedures pertaining to such issuance and the conditions thereof shall be the same as those contained in said Revenue Bond Law and any amendments thereto.

"G. Same; Form; Denominations; Registration; Place of Pay ment. The Authority shall determine the form of the bonds, includ ing any interest coupons to be attached thereto, and shall fix the denomination or denominations of the bonds and the place or places of payment of principal and interest thereof, which may be at any bank or trust company within or without the State. The bonds may be issued in coupon or registered form, or both, as the Authority may determine and provision may be made for the registration of any coupon bond as to the principal alone and also as to both the principal and interest.

"H. Same; Signatures; Seal. In case any officer whose signa ture shall appear on any bonds or whose facsimile signature shall appear on any coupon shall cease to be such officer before the delivery of such bonds, such signature shall nevertheless be valid and sufficient for all purposes the same as if he had remained in office until such delivery. All such bonds shall be signed by the Chairman of the Authority and attested by the Secretary and Treas urer of the Authority and the official seal of the Authority shall be affixed thereto and any coupons attached thereto shall bear the facsimile signatures of the Chairman and Secretary and Treasurer

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of the Authority. Any bond may be signed, sealed and attested on behalf of the Authority by such persons as at the actual time of the execution of such bonds shall be duly authorized or hold the proper office, although at the date of delivery and payment of such bonds such persons may not have been so authorized or shall not have held such office.

"I. Same; Negotiability; Exemption from Taxation. All reve nue bonds issued under the provisions hereof shall be fully nego tiable for all purposes and shall have and are hereby declared to have all of the qualifications of negotiable instruments under the laws of the State. Such bonds are declared to be issued for an essential public and governmental purpose and the said bonds and the income thereof shall be exempt from all taxation within the State.

"J. Same; Sale; Price. The Authority may sell such bonds in such manner and for such price as it may determine to be for the best interest of the Authority.

"K. Same; Proceeds of Bonds. The proceeds of such bonds shall be used solely for the payment of the cost of the project or projects, and unless otherwise provided in the resolution authoriz ing the issuance of the bonds or in the trust indenture, additional bonds may in like manner be issued to provide the amount of any deficit, which unless otherwise provided in the resolution authoriz ing the issuance of the bonds or in the trust indenture shall be deemed to be of the same issue and shall be entitled to payment from the same fund without preference or priority of the bonds first issued for the same purpose. If the proceeds of the bonds of any issue shall exceed the amount required for the purpose for which such bonds are issued, the surplus shall be paid into such funds as may be provided in the resolution authorizing the issuance of the bonds or in the trust indenture.

"L. Same; Interim Receipts and Certificates or Temporary Bonds. Prior to the preparation of definitive bonds, the Authority may, under like restrictions issue interim receipts, interim certifi cates or temporary bonds, with or without coupons exchangeable for definitive bonds upon the issuance of the latter.

"M. Same; Replacement of Lost or Mutilated Bonds. The Au thority may also provide for the replacement of any bond which shall become mutilated or be destroyed or lost.

"N. Same; Conditions Precedent to Issuance; Object of Issu ance. Such revenue bonds may be issued without any other pro ceedings or the happening of any other conditions or things than those proceedings, conditions and things which are specified or re quested herein. In the discretion of the Authority, revenue bonds of a single issue may be issued for the purpose of any particular project. Any resolution, providing for the issuance of revenue bonds under the provisions hereof shall become effective immediately upon its passage and need not be published or posted, and any such

TUESDAY, MAY 12, 1964

59

resolution may be passed at any regular or special or adjourned meeting of the Authority by a majority of the quorum as herein provided.

"O. Same; Credit Not Pledged and Debt Not Created. Rev enue bonds issued by the Authority hereunder shall not be deemed to constitute a debt of the City of Thomaston, Georgia, nor of any municipality, county, authority or political subdivision of the State of Georgia or instrumentality of the United States Government which may contract with said Authority. No contracts entered into by the Authority with any such municipality, county, authority or political subdivision of the State of Georgia or instrumentality of the United States Government shall create a debt of the respec tive municipalities, counties, authorities or political subdivisions of the State of Georgia within the meaning of Article VII, Section VII, Paragraph I of the Constitution of the State of Georgia, but any such municipality, county, authority or political subdivision of the State of Georgia may obligate itself to pay the payments required under such contracts from monies received from taxes and from any other source without creating a debt within the meaning of Article VII, Section VII, Paragraph I of the Constitution of the State of Georgia.

"P. Same; Trust Indenture as Security. In the discretion of the Authority, any issue of such revenue bonds may be secured by a trust indenture by and between the Authority and a corporate trustee, which may be any trust company or bank having the pow ers of a trust company within or outside of the State. Such trust indenture may pledge or assign fees, tolls, revenues and earnings to be received by the Authority, including the proceeds derived from the sale from time to time of any surplus property of the Authority, both real and personal. Either the resolution providing for the issuance of revenue bonds of such trust indenture may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in vio lation of law, including covenants setting forth the duties of the Authority in relating to the acquisition of property, the construc tion of the project, the maintenance, operation, repair and insur ance of the property, and the custody, safeguarding and application of all monies, including the proceeds derived from the sale of prop erty of the Authority, both real and personal, and may also provide that any project shall be constructed and paid for under the supervision and approval of consulting engineers or architects employed or designated by the Authority, and satisfactory to the original purchasers of the bonds issued therefor and may also re quire that the security given by contractors and by any depository of the proceeds of the bonds or revenues or other monies be satis factory to such purchasers, and may also contain provisions con cerning the conditions, if any, upon which additional revenue bonds may be issued. It shall be lawful for any bank or trust company incorporated under the laws of this State to act as such depository and to furnish such indemnifying bonds or pledge such securities as may be required by the Authority. Such indenture may set forth the rights and remedies of the bondholders and of the trustee, and may restrict the individual right of action of bondholders as is

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customary in trust indentures securing bonds and debentures of corporations. In addition to the foregoing, such trust indenture may contain such other provisions as the Authority may deem reasonable and proper for the security of the bondholders. All ex penses incurred in carrying out such trust indenture may be treated as a part of the cost of maintenance, operation and repair of the project affected by such indenture.

"Q. Same; To Whom proceeds of bonds shall be paid. The Authority shall, in the resolution providing for the issuance of revenue bonds or in the trust indenture, provide for the payment of the proceeds of the sale of the bonds to any officer or person who or any agency, bank or trust company which shall act as
trustee of such funds and shall hold and apply the same to the purpose hereof, subject to such regulations as are herein provided and such regulations as may be provided in such resolution or trust indenture.

"R. Same; Sinking Fund. The revenues, fees, tolls and earn ings derived from any particular project or projects, regardless of whether or not such fees, earnings and revenues were produced by a particular project for which bonds have been issued and any monies derived from the sale of any properties, both real and per sonal of the Authority, unless otherwise pledged and allocated, may be pledged and allocated by the Authority to the payment of the principal and interest on revenue bonds of the Authority as the resolution authorizing the issuance of the bonds or in the trust instrument may provide, and such funds so pledged from whatever source received, which said pledge may include funds received from one or more or all sources, shall be set aside at regular intervals as may be provided in the resolution or trust indenture, into a sink ing fund which said sinking fund shall be pledged to and charged
with the payments of (1) the interest upon such revenue bonds as such interest shall fall due, (2) the principal of the bonds as the same shall fall due, (3) the necessary charges of paying agent or agents for paying principal and interest, and (4) any premium upon bonds retired by call or purchase as hereinabove provided. The uss and disposition of such sinking fund shall be subject to such
regulations as may be provided in the resolution authorizing the issuance of the revenue bonds or in the trust indenture, but, except as may otherwise be provided in such resolution or trust indenture, such sinking fund shall be a fund for the benefit of all revenue bonds without distinction or priority of one over another. Subject to the provisions of the resolution authorizing the issuance of the bonds or in the trust indenture surplus monies in the sinking fund may be applied to the purchase or redemption of bonds and any such bonds so purchased or redeemed shall forthwith be cancelled and shall not again be issued.

"S. Same; Remedies of Bondholders. Any holder of revenue bonds issued under the provisions hereof or any of the coupons appertaining thereto, and the trustee under the trust indenture, if any, except to the extent the rights herein given may be restricted by resolution passed before the issuance of the bonds or by the

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61

trust indenture, may, either at law or in equity, by suit, action, mandamus, or other proceedings, protect and enforce any and all rights under the laws of the State of Georgia or granted hereunder or under such resolution or trust indenture, and may enforce and compel performance of all duties required herein or by such reso lution or trust indenture, to be performed by the Authority, or any officer thereof, including the fixing, charging, and collecting of revenues, fees, tolls, and other charges for the use of the facilities and services furnished.

"T. Same; Refunding Bonds. The Authority is hereby author ized to provide by resolution for the issue of revenue bonds of the Authority for the purpose of refunding any revenue bonds issued under the provisions hereof and then outstanding, together with accrued interest thereon. The issuance of such revenue refunding bonds, the maturities and all other details thereof, the rights of the holders thereof, and the duties of the Authority in respect to the same, shall be governed by the foregoing provisions hereof insofar as the same may be applicable.

"U. Same; Venue and Jurisdiction. Any action to protect or enforce any rights under the provisions hereof or any suit or action against such Authority shall be brought in the Superior Court of Upson County, Georgia, and any action pertaining to validation of any bonds issued under the provisions hereof shall likewise be brought in said court which shall have exclusive, original jurisdic tion of such actions.

"V. Same; Validation. Bonds of the Authority shall be con firmed and validated in accordance with the procedure of the Rev enue Bond Law. The petition for validation shall also make party defendant to such action any municipality, county, authority, sub division, or instrumentality of the State of Georgia or the United States Government or any department or agency of the United States Government, if subject to be sued, which has contracted with the Authority for the services and facilities of the project for which bonds are to be issued and sought to be validated and such munici pality, county, authority, subdivision or instrumentality shall be required to show cause, if any, why such contract or contracts and the terms and conditions thereof should not be inquired into by the court and the validity of the terms thereof be determined and the contract or contracts adjudicated as security for the payment of any such bonds of the Authority. The bonds when validated, and the judgment of validation shall be final and conclusive with respect to such bonds, against the Authority issuing the same, and any municipality, county, authority, subdivision, or instrumen tality of the United States Government, if a party to the validation proceedings, contracting with the said Thomaston Office Building Authority.

"W. Same; Interest of Bondholders Protected. While any of the bonds issued by the Authority remain outstanding, the powers, duties or existence of said Authority or of its officers, employees

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or agents shall not be diminished or impaired in any manner that will affect adversely the interest and rights of the holders of such bonds, and no other entity, department, agency or Authority will be created which will compete with the Authority to such an extent as to affect adversely the interest and rights of the holders of such bonds, nor will the State itself so compete with the Authority. The provisions hereof shall be for the benefit of the Authority and the holders of any such bonds, and upon the issuance of bonds under the provisions hereof, shall constitute a contract with the holders of such bonds.

"X. Monies Received Considered Trust Funds. All monies re ceived pursuant to the Authority hereof, whether as proceeds from the sale of revenue bonds, as grants or other contributions, or as revenues, income, fees and earnings, shall be deemed to be trust funds to be held and applied solely as provided for herein.

"Y. Exemption from Taxation. It is hereby declared that the Authority will be performing an essential governmental function in the exercise of the power conferred upon it hereunder and that the Authority shall be required to pay no taxes or assessments upon any of the property acquired by it or under its jurisdiction, control, possession or supervision or upon its activities in the operation and maintenance of the buildings erected or acquired by it or any fees, rentals or other charges for the use of such buildings or other income received by the Authority.

"Z. Immunity from Tort Actions. The Authority shall have the same immunity and exemption from liability for torts and negligence as the State of Georgia has and the officers, agents and employees of the Authority when in performance of the work of the Authority shall have the same immunity and exemption from liability for torts and negligence as the officers, agents and em ployees of the State of Georgia. The Authority may be sued in the same manner as private corporations may be sued on any contractual obligation of the Authority.

"AA. Property Subject to Levy and Sale. The property of the Authority shall not be subject to levy and sale under legal process except such property, revenue, income or funds as may be pledged, assigned, mortgaged or conveyed to secure an obligation of the Authority, and any such property, revenue, funds or income may be sold under legal process or under any power granted by the Authority to enforce payment of the obligation.

"BB. Construction. This amendment and all provisions, rights, powers and authority granted hereunder shall be effective, notwith standing any other provision of the Constitution to the contrary, and this amendment and any law enacted with reference to the Authority shall be liberally construed for the accomplishment of its purposes.

"CC. Effective Date. This amendment shall be effective im mediately upon proclamation of its ratification by the Governor.

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63

"DD, General Assembly. This amendment is self enacting and does not require any enabling legislating for it to become effective. However, the General Assembly may, by law, further define and prescribe the powers and duties of the Authority and the exercise thereof and may enlarge and restrict the same and may, likewise, further regulate the management and conduct of the Authority not inconsistent with the provisions of this amendment. The Authority shall be instrumentality of the State of Georgia, and the scope of its operation shall be limited to the territory embraced within the corporate limits of the City of Thomaston, Georgia, as the same now or may hereafter exist and within the limits of the area of Upson County, Georgia."

SECTION 2
When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. Such proposed amendment shall be submitted in said paragraph.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"For ratification of amendment to the Constitution so as to create the Thomaston Office Building Authority and to provide for powers, authority, limitations, funds, purposes and procedures con nected therewith and to authorize the Authority to issue its revenue bonds and to provide the method and manner of such issuance and validation and the effect thereof.
"Against ratification of amendment to the Constitution so as to create the Thomaston Office Building Authority and to provide for powers, authority, limitations, funds, purposes and procedures connected therewith and to authorize the Authority to issue its revenue bonds and to provide the method and manner of such issu ance and validation and the effect thereof."
All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment and all per sons desiring to vote against the adoption of the proposed amendment shall vote against ratification.
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as re turns for elections for members of the General Assembly and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor who shall issue his proclamation thereon.

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

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

Those voting in the affirmative were Messrs.:

Abney Acree Andrews Arnsdorff Bagby Baughman Beck Bell Black Blair Blalock, E. Bolton Bowen, A. Bowen, R. L. Bowen, R. W. Brantley Brooks, Geo. B. Brooks, Wilson Busbee Byrd Caldwell Carr Clark, J. T. Coker, G., Dr. Conger Conner Cullens Davis Dennard DeVane Dixon Duncan, A. C. Echols Etheridge, J. P. Fleming Flournoy Floyd Fowler, A. A., Jr. Fowler, J. W. Fulford Funk Greene Groover Hale Harris Henderson

Herndon House Hull Hurst Isenberg Johnson, A. S., Dr. Jones, C. M. Jones, F. C. Jones, M. Jordan, W. H. Keadle Keyton Killian Kirkland Knight, D. W. Knight, W. D. Laite Lambert Lane Lee, G. B. Lee, W. J. (Bill) Lee, Wm. S. Leonard Mackay Matthews, C. McClelland McCracken McKemie Meeks Melton Milford Milhollin Mitchell Mixon Moate Morgan, J. H. Mullis Murphy Nessmith Newton, D. L. Odom Overby Pafford Parker Partridge Perry

Peterson Phillips Ponsell Poole Pope Rainey Raulerson Reaves Richardson Roberts Rodgers, H. B. Rogers, Jimmie Roper Rowland Sewell Shea Shuman Sinclair Singer Smith, Chas. C. Smith, E. B., Jr. Smith, R. R. Smith, V. T. Snow Stalnaker Steis Story Stricldand Tabb Teague Towson Tucker, J. B. Tucker, Ray M. Twitty, F. S. Underwood, J. C. Underwood, R. R. Warren Wells, D. W. Wells, H. H. White Wiggins Wilkes Williams, G. J. Wilson, Hoke Wilson, J. M. Hudgins

TUESDAY, MAY 12, 1964

Those voting in the negative were Messrs.:

Alien Anderson Ballard Barber Bedgood Blalock, D. B. Bowen, R. P. Brackin Brown Bynum Causby Chandler Clarke, H. G. Coker, R. Dean, N. Deen, H. D. Dicus Dorminy Duncan, J. E. Plynt Gibbons Griffin

Hall Harrell Harrington Hill Horton Houston Johnson, B. Jones, D. C. Jordan, J. E. Kelly, R. R. Lewis Lindsey Logan Lokey Lowrey Matthews, D. R. McDonald Moore Morgan, H. Newton, A. S. Paris Payton

65
Pickard Poss Rhodes Russell Rutland Scarborough Simmons Simpson Smith, A. C., Jr. Smith, G. L. II Spikes Stuckey Todd Tucker, M. K. Vaughn Walker Ware Watson Watts Williams, W. M. Woodward Smith, G. T.

On the adoption of the Resolution, the ayes were 138 nays 0.

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

Mr. Andrews of Stephens moved that the House do now adjourn until 11:00 o'clock tomorrow morning and the motion prevailed.

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

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Representative Hall, Atlanta, Georgia

Wednesday, May 13, 1964

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

Prayer was offered by Rev. Ike Powell, Midway-Ocee Methodist Charge, Alpharetta, Ga.

By unanimous consent the call of the roll was dispensed with.

Mr. Clarke of Monroe, Chairman of the Committee on Auditing, Enrolling, Engrossing and Journals reported that the Journal of the previous legislative day had been read and found to be correct.

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

The Journal was confirmed.

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions.
2. First reading and reference of House Bills and Resolutions.
3. 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 passed by the requisite constitutional majority the following Bills of the Senate to wit:

WEDNESDAY, MAY 13, 1964

67

SB 2. By Senator Webb of the llth:
A Bill to amend an act consolidating the offices of Tax Receiver and Tax Collector of Seminole County, approved Feb. 25, 1949 (Ga. L. 1949, p. 1238), as amended, so as to change the salary of the Tax Commission er of Seminole County; to repeal conflicting laws; and for other pur poses.

SB 3. By Senator Webb of the llth:
A Bill to amend Code sections 113-103, 113-409 and 113-502; to provide for the number of witnesses required to attest wills and codicils, and matters relating thereto; to provide for severability; and for other pur poses.

SB 4. By Senator Webb of the llth:
A Bill to amend section 5 of the act known as the "Hospital Authorities Law", approved March 27, 1941 (Ga. Laws 1941, p. 241), as amended, so as to extend the period of time for which revenue certificates may be issued by hospital authorities; and for other purposes.

SB 5. By Senator Webb of the llth:
A Bill to amend section 1 of the act known as the "Georgia Health Code" approved March 18, 1964 (Ga. Laws 1964, p. 499), particularly the chap ter referred to therein as "Hospital Authorities Law"; and for other purposes.

SB 6. By Senators Yancey of the 33rd and Kendrick of the 32nd:
A Bill to create a Board of Commissioners of Roads and Revenues for Cobb County, Georgia; to provide for the membership of said Board; to repeal conflicting laws; and for other purposes.

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

HR 18-19. By Mr. Keadle of Lamar:
A Resolution to amend a Resolution authorizing the Secretary of State to employ caretakers for Confederate cemeteries, so as to authorize the Secretary of State to employ a caretaker for the Milner Confederate Cemetery; and for other purposes.
Referred to the Committee on Rules.

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HB 20. By Mr. Roberts of Jones:
A Bill to be entitled an Act to abolish the pressnt method of compensa ting the sheriff of Jones County, known as the fee system, and to pro vide in lieu thereof an annual salary for the sheriff; and for other pur poses.
Referred to the Committee on Local Affairs.

HB 21. By Mr. Bowen of Dooly:
A Bill to be entitled an Act to amend an Act creating a charter for the City of Unadilla, so as to empower governing authorities of Mayor and Council of Unadilla to close and declare surplus property the platted passageway or alley of and in Block No. 19 delineated in official map of said city appearing on record at clerk's office; and for other purposes.
Referred to the Committee on Local Affairs.

HB 22. By Mr. Bowen of Dooly:
A Bill to be entitled an Act to amend an Act so as to extend the cor porate limits of the City of Unadilla so as to include area within its limits certain land nos., so as to provide when the extension shall be come effective and operative; and for other purposes.
Referred to the Committee on Local Affairs.

HR 20-22. By Messrs. Wilson, Flournoy and Teague of Cobb:
A Resolution proposing an amendment to the Constitution so as to pro hibit the incorporation of any territory within the limits of Cobb County by any municipality, the major portion of which is located outside the territorial limits of Cobb County, without the approval of the voters of Cobb County; and for other purposes.
Referred to the Committee on Local Affairs.

HB 23. By Mr. Byrd of Walton:
A Bill to be entitled an Act to abolish the present mode of compensating the Sheriff of Walton County, known as the fee system; to provide in lieu thereof an annual salary; and for other purposes.
Referred to the Committee on Local Affairs.

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

WEDNESDAY, MAY 13, 1964

69

HB 17. By Mr. Jones of Worth:
A Bill to be entitled an Act to provide a new Charter for the City of Sylvester in the County of Worth; and for other purposes.

HB 18. By Messrs. Ware and Spikes of Troup, Davis of Heard, Hill of Meriwether, Wiggins and Duncan of Carroll, and Payton and Blalock of Coweta:
A Bill to be entitled an Act to amend an Act providing ?.n assistant solicitor-general for the Coweta Judicial Circuit so as to fix the assist ant solicitor general's salary; and for other purposes.

HB 19. By Mr. Henderson of Atkinson:
A Bill to be entitled an Act to amend an Act creating a County Court of Atkinson County, so as to provide that the solicitor of said court shall be appointed; to provide for terms of office; and for other purposes.

The following resolutions of the House were read and adopted:

HR 21. By Messrs. Walker of Lowndes, Wilkes of Cook, Raulerson of Echols, and others:
A RESOLUTION
Expressing regrets at the passing of Mrs. William M. Gibbons; and for other purposes.
WHEREAS, Mrs. William M. Gibbons, the mother of the dis tinguished representative from Lowndes County, passed away on May 11, 1964; and
WHEREAS, during her long and fruitful life, Mrs. Gibbons was an outstanding contributor to the religious and civic life of her community and state; and
WHEREAS, this outstanding Georgia citizen set a daily example by which her family and many friends could guide their own lives; and
WHEREAS, the untimely passing of this most gracious and charm ing lady has deprived this state of the many valued contributions which she so graciously and unselfishly bestowed upon its citizens.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL AS SEMBLY OF GEORGIA that this body does hereby extend its sincerest and deepest regrets at the passing of Mrs. William M. Gibbons to the members of her family and her many friends.

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BE IT FURTHEK RESOLVED that the Clerk of the House of Rep resentatives is hereby authorized and instructed to transmit a suitable copy of this Resolution to the Honorable W. J. Gibbons, Representative, Lowndes County.

HR 22. By Messrs. Wig-gins and Duncan of Carroll:
A RESOLUTION
Commending Joseph T. Bivins, Georgia's Star Student for 1964, and Norman L. Padgett, Georgia's Star Teacher for 1964; and for other purposes.
WHEREAS, Joseph T. Bivins is a senior at Bowdon High School; and
WHEREAS, Joseph Bivins recently received the Georgia State Chamber of Commerce's Award as the Star Student of Georgia for 1964; and
WHEREAS, this award is given to a senior high school student of the State of Georgia for his scholastic excellence and in order to pro mote career possibilities; and
WHEREAS, it is an outstanding honor to receive the Star Award; and
WHEREAS, Joseph Bivins has displayed outstanding scholastic ex cellence by receiving the highest score in Georgia on the College Board Scholastic Aptitude Test while at the same time maintaining top grades in his own school; and
WHEREAS, Joseph Bivins is a National Merit Finalist and has re ceived the Academic Award for achievement in Latin, Biology, Geome try, English, Mathematics, Physics and French; and
WHEREAS, Joseph Bivins is the recipient of numerous other scho lastic awards, as well as extracurricular honors; and
WHEREAS, Joseph Bivins chose Mr. Norman L. Padgett, teacher of instrumental music and history at Bowdon High School, as the tea cher who contributed most to his scholastic development; and
WHEREAS, because of this contribution to Joseph's scholastic de velopment Mr. Padgett was named and received the award for being the Star Teacher of Georgia for 1964; and
WHEREAS, it is only fitting and proper that Joseph Bivins and Mr. Norman Padgett be recognized for their outstanding scholastic achievements in the State of Georgia;

WEDNESDAY, MAY 13, 1964

71

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body does hereby commend Joseph Bivins and extend to him their sincerest congratulations for being named as Georgia's Star Student for 1964.

BE IT FURTHER RESOLVED that this Body does hereby commend Mr. Norman Padgett and extend to him their sincerest congratulations for his contributions to education and for being named and honored as Georgia's Star Teacher for 1964.

BE IT FURTHER RESOLVED that this Body does hereby extend its sincerest wishes to these two outstanding Georgians that their future endeavors shall be successful as those in the past.

BE IT FURTHER RESOLVED that as a token of our esteem, the Clerk of the House of Representatives is hereby authorized and directed to furnish appropriate copies of this Resolution to Joseph T. Bivins, Mr. Norman Padgett and to Honorable T. H. Cunningham, Principal of Bowdon High School in Bowdon, Georgia.

HR 23. By Messrs. Smith of Grady, McClelland of Fulton, Matthews and Bedgood of Clarke, and many others:
A RESOLUTION
EXPRESSING THE APPRECIATION OF THE GENERAL AS SEMBLY OF GEORGIA FOR THE INVITATION OF THE SEABOARD AIR LINE RAILROAD COMPANY TO ATTEND ITS FORESTRY FIELD DAY PROGRAM; AND FOR OTHER PURPOSES.
WHEREAS, the members of the General Assembly of Georgia, as well as the Governor and other officials of this State, were extended an invitation by the Seaboard Air Line Railroad Company, as a unique and unusual feature, to board a special train in Atlanta, Georgia and journey to Athens, Clarke County, Georgia, for the purpose of attending a Forestry Field Day Program on May 6, 1964; and
WHEREAS, this occasion brought together prominent and outstand ing business and industrial leaders from all areas within the State of Georgia and from other sections of the United States; and
WHEREAS, the Forestry Field Day Program covered all aspects of forestry management from cone to seed to seedlings, as well as the manufacture of primary forest products; and
WHEREAS, the principal speaker on this occasion was the Honor able Russell F. Erickson, President, Rayonier, Incorporated, of New York City, who delivered a most significant and thought-provoking ad dress; and

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WHEREAS, this program provided an unprecedented opportunity for the members of the General Assembly of Georgia and others to learn more about one of Georgia's most important natural resources and assets, and to become apprised of the vast potential economic bene fits which can be derived therefrom; and

WHEREAS, extensive preparations were made by the Seaboard Air Line Railroad Company in formulating plans in connection with the implementation of this program, and it was felt altogether fitting and proper that the members of the General Assembly of Georgia avail themselves of every opportunity of this kind to become familiar with a major area of the State's economy, and a majority of the membership thereof were in fact in attendance:

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL AS SEMBLY OF THE STATE OF GEORGIA, that the Seaboard Air Line Railroad Company be and it is hereby commended for its vision, fore sight and ingenuity in planning for and implementing in the very high est degree of efficiency the Forestry Field Day Program herein re ferred to; and for arranging for the presence in this state on this par ticular occasion of so many outstanding members of the business and industrial communities of this country.

BE IT FURTHER RESOLVED, that the General Assembly of Geor gia do and it does hereby extend to the Seaboard Air Line Railroad Company its sincere gratitude and appreciation for the invitation per mitting its members to be in attendance on this occasion, for the warm hospitality which prevailed throughout and for its courtesy in furnish ing transportation to the site of the Forestry Field Day Program.

BE IT FURTHER RESOLVED, that a copy of this resolution be transmitted to the Honorable John W. Smith, President, Seaboard Air Line Railroad Company, Richmond, Virginia and to the Honorable Rus sell F. Erickson, President, Rayonier, Incorporated, of New York City, N. Y.

Mr. Funk of Chatham arose to a point of personal privilege and addressed the House.

. Mr. Bolton of Spalding moved that this House do now adjourn until 11:00 a.m. tomorrow morning and the motion prevailed.

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

THURSDAY, MAY 14, 1964

73

Representative Hall, Atlanta, Georgia

Thursday, May 14, 1964

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

Prayer was offered by Rev. Julian L. Tucker, Pastor 1st Methodist Church McRae, Ga.

By unanimous consent the call of the roll was dispensed with.

Mr. Clarke of Monroe, Chairman of the Committee on Auditing, Enrolling, Engrossing and Journals reported that the Journal of the previous legislative day had been read and found to be correct.

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

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. 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 of the House were read the first time and referred to the Committees:
HB 24. By Mr. Knight of Berrien: A Bill to be entitled an Act to amend an Act creating the Board of Commissioners of Roads and Revenues for Berrien County, so as to change the compensation of said Board of Commissioners of Roads and Revenues; and for other purposes.
Referred to the Committee on Local Affairs.

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HB 25. By Messrs. Flournoy, Wilson and Teague of Cobb:
A Bill to be entitled an Act to amend, consolidate, revise and super sede an Act incorporating the town of Elizabeth; to create a new charter for said city; and for other purposes.
Referred to the Committee on Local Affairs.

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

HR 18-19. By Mr. Keadle of Lamar:
A Resolution to amend a Resolution authorizing the Secretary of State to employ caretakers for Confederate cemeteries, so as to authorize the Secretary of State to employ a caretaker for the Milner Confederate Cemetery; and for other purposes.

HB 20. By Mr. Roberts of Jones:
A Bill to be entitled an Act to abolish the present method of compen sating the sheriff of Jones County, known as the fee system, and to pro vide in lieu thereof an annual salary for the sheriff; and for other pur poses.

HB 21. By Mr. Bowen of Dooly:
A Bill to be entitled an Act to amend an Act creating a charter for the City of Unadilla, so as to empower governing authorities of Mayor and Council of Unadilla to close and declare surplus property the platted passageway or alley of and in Block No. 19 delineated in official map of said city appearing on record at clerk's office; and for other purposes.

HB 22. By Mr. Bowen of Dooly:
A Bill to be entitled an Act to amend an Act so as to extend the cor porate limits of the City of Unadilla so as to include area within its limits certain land nos., so as to provide when the extension shall be come effective and operative; and for other purposes.
HR 20-22. By Messrs. Wilson, Flournoy and Teague of Cobb:
A Resolution proposing an amendment to the Constitution so as to pro hibit the incorporation of any territory within the limits of Cobb Coun ty by any municipality, the major portion of which is located outside the territorial limits of Cobb County, without the approval of the voters of Cobb County; and for other purposes.

THURSDAY, MAY 14, 1964

75

HB 23. By Mr. Byrd of Walton:
A Bill to be entitled an Act to abolish the present mode of compen sating the Sheriff of Walton County, known as the fee system; to pro vide in lieu thereof an annual salary; and for other purposes.

SB 2. By Senator Webb of the llth:
A Bill to be entitled an Act to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Seminole County, so as to change the salary of the Tax Commissioner of Seminole County; and for other purposes.

SB 3. By Senator Webb of the llth: A Bill to be entitled an Act to amend Code Section 113-103, 113-409 and 113-502; to provide for the number of witnesses required to attest wills and codicils, and matters relating thereof; and for other purposes.
SB 4. By Senator Webb of the llth: A Bill to be entitled an Act to amend Section 5 of the Act known as the "Hospital Authorities Law", so as to extend the period of time for which revenue certificates may be issued by hospital authorities; and for other purposes.
SB 5. By Senator Webb of the llth: A Bill to be entitled an Act to amend Section 1 of the Act known as the "Georgia Health Code", particularly the Chapter referred to therein as "Hospital Authorities Law"; and for other purposes.
SB 6. By Senators Yancey of the 33rd and Kendrick of the 32nd: A Bill to be entitled an Act to create a Board of Commissioners of Roads and Revenues for Cobb County; to provide for the membership of said Board; and for other purposes.
Mr. Busbee of Dougherty County, Chairman of the Committee on Judiciary submitted the following report:
Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bills of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 18. Do Pass. HB 19. Do Pass.
Respectfully submitted, Busbee of Dougherty, Chairman.

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

HB 18. By Messrs. Ware of Troup, Davis of Heard, and others:
A Bill to be entitled an Act to amend an Act providing an assistant solicitor general for the Coweta Judicial Circuit so as to fix the assistant solicitor general's salary, and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 19. By Mr. Henderson of Atkinson: A Bill to be entitled an Act to amend an Act creating a County Court of Atkinson County, so as to provide that the solicitor of said court shall be appointed; to provide for terms of office, and for other pur poses.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.

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

The following Resolution of the House was read and adopted:

HR 24. By Messrs. Smith of Grady, Busbee of Dougherty and Andrews of Stephens:
A RESOLUTION
Congratulating Honorable Arthur K. Bolton; and for other pur poses.

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77

WHEREAS, the Honorable Arthur K. Bolton, distinguished rep resentative from Spalding County, and the Administration's most able
and capable floor leader, is celebrating his 42nd birthday today; and

WHEREAS, it is befitting and proper that this body extend its heartiest congratulations to the Gentleman from Spalding on this im portant day in his life.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OP REPRESENTATIVES that this body does hereby congratulate and extend to the Honorable Arthur K. Bolton best wishes and many happy returns of the day.

Mr. Bolton of Spalding moved that this House do now adjourn until 10:00 o'clock tomorrow morning and the motion prevailed.

The Speaker announced the House adjourned until 10:00 o'clock tomorrow morning.

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Representative Hall, Atlanta, Georgia

Friday, May 15, 1964

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

Prayer was offered by Rev. Clarence Hollingsworth, Pastor, Gordon's Chapel Methodist Church, Hull, Georgia.

By unanimous consent the call of the roll was dispensed with.

Mr. Clarke of Monroe, Chairman of the Committee on Auditing, Enrolling, Engrossing and Journals reported that the Journal of the previous legislative day had been read and found to be correct.

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

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. 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 of the House were read the first time and referred to the committees:

HB 26. By Messrs. Tucker and Clark of Catoosa:
A Bill to be entitled an Act to amend an Act creating the office of Commissioner of Roads and Revenues for Catoosa County, so as to change the amount of the bond required of the said Commissioner of Roads and Revenues of Catoosa County; and for other purposes.
Referred to the Committee on Local Affairs.

FRIDAY, MAY 15, 19G4

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HB 27. By Messrs. Tucker and Clark of Catoosa:
A Bill to be entitled an Act to change the amount of the bond required of the Clerk of the Superior Court of Catoosa County; and for other purposes.
Referred to the Committee on Local Affairs.

HB 28. By Messrs. Tucker and Clark of Catoosa:
A Bill to be entitled an Act to change the amount of the bond required of the Sheriff of Catoosa County; and for other purposes.
Referred to the Committee on Local Affairs.

HB 29. By Messrs. Tucker and Clark of Catoosa:
A Bill to be entitled an Act to amend an Act incorporating the Town of Fort Oglethorpe in the counties of Catoosa and Walker, so as to require that all ordinances be read three times before final passage by the mayor and alderman; and for other purposes.
Referred to the Committee on Local Affairs.

HB 30. By Messrs. McClelland, Brooks and Etheridge of Fulton: A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Atlanta so as to provide compensation to members of the Police Department for uniforms; and for other purposes.
Referred to the Committee on Local Affairs.
HB 31. By Messrs. McClelland, Brooks and Etheridge of Fulton: A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Atlanta so as to establish salary and expenses paid to the members of the Board of Aldermen; and for other purposes.
Referred to the Committee on Local Affairs.

HB 32. By Messrs. McClelland, Brooks and Etheridge of Fulton: A Bill to be entitled an Act to amend an Act so as to provide additional pensions for members of police departments in cities having a popula tion of 150,000 or more; and for other purposes.
Referred to the Committee on Local Affairs.
HB 33. By Messrs. McClelland, Brooks and Etheridge of Fulton: A Bill to be entitled an Act to amend an Act providing that cities hav ing a population of more than 150,000 shall furnish pensions to officers

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and employees of such cities, so as to provide additional pension bene fits; and for other purposes.
Referred to the Committee on Local Affairs.

HB 34. By Messrs. McClelland, Brooks and Etheridge of Pulton:
A Bill to be entitled an Act to amend an Act providing a system of pensions and other benefits for members of paid fire departments in cities having a population of more than 150,000, so as to change the provisions as to maximum pension benefits; and for other purposes.
Referred to the Committee on Local Affairs.

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

HB 24. By Mr. Knight of Berrien:
A Bill to be entitled an Act to amend an Act creating the Board of Commissioners of Roads and Revenues for Berrien County, so as to change the compensation of said Board of Commissioners of Roads and Revenues; and for other purposes.

HB 25. By Messrs. Flournoy, Wilson and Teague of Cobb:
A Bill to be entitled an Act to amend, consolidate, revise and super sede an Act incorporating the town of Elizabeth; to create a new charter for said city; and for other purposes.

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

HR 19. By Messrs. Smith of Grady, Bolton of Spalding, Busbee of Dougherty and Andrews of Stephens:
A Resolution calling a Joint Session of the House and Senate for the purpose of congratulating and extending the best wishes of the General Assembly to His Excellency on his thirty-ninth birthday; and for other purposes.

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81

HR 21. By Messrs. Walker of Lowndes, Wilkes of Cook, Raulerson of Echols, Pafford of Lanier and Knight of Berrien:
Expressing regrets at the passing of Mrs. William M. Gibbons; and for other purposes.

HR 23. By Messrs. Smith of Grady, McClelland of Fulton, Matthews and Bedgood of Clarke, Lee of Clinch, Henderson of Atkinson, Odom of Dougherty and many others:
A Resolution expressing- the appreciation of the General Assembly of Georgia for the invitation of the Seaboard Air Line Railroad Company to attend its Forestry Field Day Program; and for other purposes.

The following Resolutions of the House were read and adopted:

HR 25. By Messrs. Stalnaker of Houston, Bowen of Dooly, and many others:
A RESOLUTION
Wishing a speedy recovery to the Honorable William R. Lindsey; and for other purposes.
WHEREAS, the Honorable William R. Lindsey, the distinguished representative from Wilkes County, is ill and unable to attend the extra ordinary session of this General Assembly; and
WHEREAS, during the relatively short tenure of the Gentleman from Wilkes in the House of Representatives, he has been of untold benefit to the members of the General Assembly by virtue of his astute knowledge of the legislative process; and
WHEREAS, the vast knowledge which this Gentleman has brought to the House of Representatives will be sorely missed during his ill ness and absence therefrom.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby express its wishes for a rapid recovery and return to our midst of the distinguished rep resentative from Wilkes County, Honorable William R. Lindsey.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and instructed to transmit a suit able copy of this Resolution to the Honorable William R. Lindsey, Representative, Wilkes County.

HR 26. By Mr. Towson of Laurens and others:
A RESOLUTION
Expressing regrets at-the passing of Honorable Rubert L. Hogan; and for other purposes.

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WHEREAS, Honorable Rubert L. Hogan of Dudley, Georgia, a former member of this body, passed away on Wednesday, May 13, 1964, and is survived by his widow and two daughters; and

WHEREAS, he was an outstanding civic and business leader of his community, being President and owner of the Bank of Dudley and a farmer; and

WHEREAS, he was a lifelong resident of Laurens County and served as Mayor of the City of Dudley for fifteen years, as Chairman of the Dudley School Board for twenty-five years, and as State Repre sentative from Laurens County during 1935-36, 1955-56, and 1957-58;
and

WHEREAS, he devoted a majority of his adult life to public serv ice, and his passing will be a great loss to his community and to the entire State of Georgia.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that deepest regrets are hereby expressed upon the passing of Honorable Rubert L. Hogan, 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 of Representatives is hereby authorized and directed to forward a copy of this resolution to the family of Honorable Rubert L. Hogan.

The hour of convening having arrived, the Senate appeared upon the floor of the House, and the Joint Session convened for the purpose of wishing a Happy Birthday to His Excellency, Governor Carl E. Sanders.

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

The Secretary of the Senate read the Resolution calling for the Joint Session.

The following Joint Resolution was read and adopted:
HR 29-JR 1. By Messrs. Smith of Grady, Lt. Gov. Peter Zack Geer and all the members of the General Assembly:
A RESOLUTION
Extending congratulations and best wishes to His Excellency, Gov ernor Carl E. Sanders, on his thirty-ninth birthday anniversary and for other purposes.

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83

WHEREAS, on the fifteenth day of May in the year of Our Lord One Thousand Nine Hundred and Twenty-Five and of the Independence of the United States of America the One Hundred and Forty-Ninth in the City of Augusta, County of Richmond, State of Georgia, a son, Carl Edward Sanders, who was to become the seventy-fourth Governor of the Sovereign State of Georgia, was born to Mr. and Mrs. Carl T. Sanders; and

WHEREAS, today the fifteenth day of May in the year of Our Lord One Thousand Nine Hundred and Sixty-Four is the thirty-ninth anniversary of the birth of His Excellency, Governor Carl E. Sanders; and

WHEREAS, it is the desire of the members of the General Assem bly of Georgia to extend to the Governor their congratulations and best wishes on his birthday; and

WHEREAS, a joint session of the General Assembly of Georgia has been called for such purpose.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA, IN JOINT SESSION ASSEMBLED, that this Body does hereby extend to His Excellency, Governor Carl E. Sanders, their congratulations and best wishes on this the thirty-ninth anniversary of his birth and wish for him God's richest blessings in all his future endeavors.

BE IT FURTHER RESOLVED that as a token of our esteem, Honorable George D. Stewart, the Secretary of the Senate of the State of Georgia, is hereby authorized and directed to present an appropriate copy of this Resolution with the Seal of the General Assembly affixed thereto to His Excellency, Governor Carl E. Sanders.

Lt. Gov. Geer and Speaker Smith wished Governor Sanders a Happy Birth day and many returns on behalf of the members of the House and Senate.

Governor Sanders expressed his appreciation and briefly addressed the Gen eral Assembly.
Senator Carlton of the 21st moved that the Joint Session be now dissolved, and the motion prevailed.
The President of the Senate announced the Joint Session dissolved.
The House was called to order by the Speaker.

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Mr. Smith of Grady County, Chairman of the Special Committee on Revision of the Constitution, submitted the following report:

Mr. Speaker:

Your Special Committee on Revision of the Constitution has had under con sideration the following Resolution of the House and has instructed me as Chairman, to report the same back to the House with the following recom mendation :
HR G-l. Do Pass By Committee Substitute.
Respectfully submitted,
Geo. T. Smith,
Chairman.

Mr. Bolton of Spalding moved that the House adjourn, until 10:00 o'clock a.m. Monday morning and the motion prevailed.

The Speaker announced the House adjourned until 10:00 o'clock a.m. Monday morning.

MONDAY, MAY 18, 1964

85

Representative Hall, Atlanta, Georgia

Monday, May 18, 1964

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

Prayer was offered by Rev. Henry Durham, Pastor First Baptist Church, Donalsonville, Ga.

By unanimous consent the call of the roll was dispensed with.

Mr. Clarke of Monroe, Chairman of the Committee on Auditing, Enrolling, Engrossing and Journals reported that the Journal of the previous legislative day had been read and found to be correct.

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

The Journal was confirmed.

By unanimous consent, the following was established as the order of busi ness during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions.
2. First reading and reference of House Bills and Resolutions. 3. 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 Genera] Calendar in any order that he desires.

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

HR 27-34. By Mr. Mixon of Irwin:
A Resolution proposing an amendment to the Constitution so as to create the Ocilla-Irwin County Industrial Development Authority; and for other purposes.
Referred to the Committee on Local Affairs.

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HB 28-34. By Mr. Rodgers of Charlton:
A Resolution proposing an amendment to the Constitution so as to create the Charlton County Development Authority; and for other purposes.
Referred to the Committee on Local Affairs.

HB 35. By Mr. Milford of Franklin:
A Bill to be entitled an Act to incorporate and to grant a new charter to the City of Lavonia; and for other purposes.
Referred to the Committee on Local Affairs.

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

HB 26. By Messrs. Tucker and Clark of Catoosa:
A Bill to be entitled an Act to amend an Act creating the office of Commissioner of Roads and Revenues for Catoosa County, so as to change the amount of the bond required of the said Commissioner of Roads and Revenues of Catoosa County; and for other purposes.

HB 27. By Messrs. Tucker and Clark of Catoosa:
A Bill to be entitled an Act to change the amount of the bond required of the Clerk of the Superior Court of Catoosa County; and for other purposes.

HB 28. By Messrs. Tucker and Clark of Catoosa:
A Bill to be entitled an Act to change the amount of the bond required of the Sheriff of Catoosa County; and for other purposes.

HB 29. By Messrs. Tucker and Clark of Catoosa:
A Bill to be entitled an Act to amend an Act incorporating the Town of Fort Oglethorpe in the counties of Catoosa and Walker, so as to require that all ordinances be read three times before final passage by the mayor and alderman; and for other purposes.

HB 30. By Messrs. McClelland, Brooks and Etheridge of Fulton:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Atlanta so as to provide compensation to members of the Police Department for uniforms; and for other purposes.

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87

HB 31. By Messrs. McClelland, Brooks and Etheridge of Fulton:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Atlanta so as to establish salary and expenses paid to the members of the Board of Aldermen; and for other purposes.

HB 32. By Messrs. McClelland, Brooks and Etheridge of Fulton:
A Bill to be entitled an Act to amend an Act so as to provide additional pensions for members of police departments in cities having a popula tion of 150,000 or more; and for other purposes.

HB 33. By Messrs. McClelland, Brooks and Etheridge of Fulton:
A Bill to be entitled an Act to amend an Act providing that cities hav ing a population of more than 150,000 shall furnish pensions to officers and employees of such cities, so as to provide additional pension benefits; and for other purposes.

HB 34. By Messrs. McClelland, Brooks and Etheridge of Fulton:
A Bill to be entitled an Act to amend an Act providing a system of pensions and other benefits for members of paid fire departments in cities having a population of more than 150,000, so as to change the provisions as to maximum pension benefits; and for other purposes.
By unanimous consent, the following resolutions of the House were read and adopted:
HR 30. By Messrs. Twitty of Mitchell and Caldwell of Upson:
A RESOLUTION
Relative to visiting the Atlanta municipal stadium construction site; and for other purposes.
WHEREAS, the General Assembly has received a most gracious invitation, extended by the members of the Fulton County delegation, the Mayor and Board of Aldermen of the City of Atlanta, the Fulton County Commissioners, the Atlanta-Fulton County Recreational Au thority, and the Atlanta Chamber of Commerce, to visit the construc tion site of the municipal stadium now under construction; and
WHEREAS, the invitation has been extended for 12:00 noon on May 21, 1964, at which time the members of the General Assembly shall be afforded the opportunity of observing models of the proposed stadium, visiting with the architects and engineers participating in the construction thereof, and being briefed on the proposed plans for said stadium; and

JOURNAL OF THE HOUSE,
WHEREAS, a delicious picnic lunch will be served to the mem bers of the General Assembly at such time; and
WHEREAS, it is the desire of this body to express its apprecia tion to the hosts of said visit for their kindness and consideration in affording the members of the General Assembly an opportunity to visit and acquaint themselves with the proposed future plans for the stadium.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that this body does hereby accept this most gracious invitation and does hereby extend its sincerest apprecia tion and thanks to the Fulton County delegation, the Mayor and Board of Aldermen of the City of Atlanta, the Fulton County Commissioners, the Atlanta-Fulton County Recreational Authority, and the Atlanta Chamber of Commerce for this kind invitation.
HR 31. By Mr. Smith of Grady:
A RESOLUTION
Wishing a speedy recovery to Mary Alice Bynum; and for other purposes.
WHEREAS, Mary Alice Bynum, the lovely daughter of the Honor able Knox Bynum, distinguished representative from Rabun County, is ill in the University of Texas hospital in Galveston, Texas; and
WHEREAS, it is the wish of this body that Mary Alice experience a speedy recovery and return to her family.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby wish a speedy re covery to Mary Alice Bynum, in order that she might return to the State of Georgia as soon as possible.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby authorized and instructed to transmit a. suitable copy of this Resolution to the Honorable Knox Bynum, Representative, Rabun County.
Mr. Cullens of Bartow arose on a point of personal privilege and addressed the House.
Under the General Order of Business, the following Resolution of the House was taken up for consideration and read the third time:
HR 6-1. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty and Andrews of Stephens:
A Resolution proposing a revised Constitution of Georgia, and for other purposes.
The following Committee substitute was read:

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A RESOLUTION

Proposing (as one single amendment) to amend the Constitution of the State of Georgia of 1945 and all amendments thereof by striking in their entirety Article I (Bill of Rights), Article II (Elective Fran chise), Article III (Legislative Department), Article IV (Public Utili ties, Eminent Domain, Police Powers, Insurance Companies, Contracts, etc.), Article V (Executive Department), Article VI (Judiciary), Arti cle VII (Finance, Taxation and Public Debt), Article VIII (Educa tion), Article IX (Homesteads and Exemptions), Article X (Militia), Article XI (County and Municipal Corporations), Article XII (The Laws of General Operation in Force in This State), Article XIII (Amendments to the Constitution), Article XIV (Merit System), Arti cle XV (Home Rule), Article XVI (Slum Clearance and Redevelopment), and by inserting in lieu thereof, after the preamble of the Constitution of the State of Georgia of 1945, new Articles, as follows: Article l(Bill of Rights), Article 2 (Legislative Branch), Article 3 (Judiciary), Ar ticle 4 (Executive Branch), Article 5 (Public Finance), Article 6 (Edu cation), Article 7 (Counties and Municipal Corporations - Home Rule Slum Clearance and Redevelopment), Article 8 (Elective Franchise), Article 9 (Amendments to the Constitution), Article 10 (Miscellaneous Provisions) ; to provide for the submission of this amendment, as one amendment, to the qualified voters of the State of Georgia for ratifi cation or rejection at the general election to be held in November, 1964.

Whereas, the purpose of this single amendment is to coordinate the proposed substantial principles of organic law into one subject matter of the Constitution; it being impracticable otherwise than in one sub ject matter and one amendment to perfect the rearrangement sought; and to render unnecessary the evil consequences of a portion by portion adoption or rejection which would in case of adoption of some portions and rejection of others result in a Constitution lacking correlation.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. That the Constitution of the State of Georgia of 1945 and all amendments thereof appearing after the preamble, be and it is hereby proposed to be amended as one single amendment by striking therefrom in their entirety Article I (Bill of Rights), Article II (Elec tive Franchise), Article III (Legislative Department), Article IV (Pub lic Utilities, Eminent Domain, Police Powers, Insurance Companies, Contracts, etc.), Article V (Executive Department), Article VI (Judi ciary), Article VII (Finance, Taxation and Public Debt), Article VIII (Education), Article IX (Homesteads and Exemptions), Article X (Mi litia), Article XI (County and Municipal Corporations), Article XII (The Laws of General Operation in Force in This State), Article XIII (Amendments to the Constitution), Article XIV (Merit System), Arti cle XV (Home Rule), Article XVI (Slum Clearance and Redevelop ment) , and inserting in lieu thereof new Articles Numbers 1 through 10 inclusive, so that when so amended, the Constitution of the State of Georgia of 1945 shall read, beginning with the preamble, as follows:

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PREAMBLE

To perpetuate the principles of free government, insure justice to all, preserve peace, promote the interest and happiness of the citizen, and transmit to posterity the enjoyment of liberty, we, the people of Georgia, relying upon the protection and guidance of Almighty God, do ordain and establish this Constitution.

ARTICLE 1

BILL OF RIGHTS SECTION 1

RIGHTS OF THE CITIZEN
Paragraph 1. Origin and Foundation of Government. All govern ment, of right, originates with the people, is founded upon their will only, and is instituted solely for the good of the whole. Public officers are the trustees and servants of the people, and at all times, amenable to them.
Paragraph 2. Protection the Duty of Government. Protection to person and property is the paramount duty of government, and shall be impartial and complete.
Paragraph 3. Life, Liberty, and Property. No person shall be de prived of life, liberty, or property, except by due process of law.
Paragraph 4. Right to the Courts. No person shall be deprived of the right to prosecute or defend his own cause in any of the courts of this State, in person, by attorney, or both.
Paragraph 5. Benefit of Counsel; Accusation; List of Witnesses; Compulsory Process; Trial by Jury. Every person charged with an offense against the laws of this State shall have the privilege and benefit of counsel; shall be furnished, on demand, with a copy of the accusation or indictment as the case may be, and a list of the witnesses on whose testimony the charge against him is founded; shall have compulsory process to obtain the testimony of his own witnesses; shall be confront ed with the witnesses testifying against him; and shall have a public and speedy trial by an impartial jury.
Paragraph 6. Crimination of Self not Compellable. No person shall be compelled to give evidence tending in any manner to criminate him self.
Paragraph 7. Banishment and Whipping as Punishment for Crime. Neither banishment beyond the limits of the State, nor whipping, as a punishment for crime, shall be allowed.
Paragraph 8. Jeopardy of Life or Liberty More Than Once For bidden. No person shall be put in jeopardy of life, or liberty, more than

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once for the same offense, save on his own motion for a new trial after conviction, or in case of mistrial.

Paragraph 9. Bail; Fines; Punishment; Arrest; Abuse of Prison ers. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted; nor shall any person be abused in being arrested, while under arrest, or in prison.

Paragraph 10. Costs in Criminal Cases. No person shall be com pelled to pay costs or suffer any lien against his property therefor, ex cept after conviction and final adjudication on appeal, if any.

Paragraph 11. Habeas Corpus. The writ of habeas corpus shall not be suspended.

Paragraph 12. Freedom of Conscience. Every man has the natural and inalienable right to worship God according to the dictates of his own conscience. No person or authority shall in any way control or in terfere with such right, and no one shall be molested in person or prop erty, or prohibited from holding any public office or trust on account of his religious opinions. However, this right shall not be construed to excuse acts of licentiousness or justify practices inconsistent with pub lic peace and safety.

Paragraph 13. Liberty of Speech or the Press Guaranteed. No law shall ever be passed to curtail, or restrain the liberty of speech, or oi the press; any person may speak, write and publish his sentiments, on all subjects, being responsible for the abuse of that liberty.

Paragraph 14. Searches, Seizures, and Warrants. The right of the people to be secure in their persons, houses, places of business, papers, and effects, against unreasonable searches and seizures, shall not be violated; and no warrant shall issue except upon probable cause, sup ported by oath, or affirmation, particularly describing the place, or places, to be searched, and the persons or things to be seized. Evidence obtained in violation of this paragraph shall not be admissable in any Court against any person.

Paragraph 15. Slavery and Involuntary Servitude. There shall be within the State of Georgia neither slavery nor involuntary servitude, save as a punishment for crime after legal conviction thereof.

Paragraph 16. Status of the Citizen. The social status of the citi zen shall never be the subject of legislation.

Paragraph 17. Civil Authority Superior to Military. The civil au thority shall be superior to the military. In time of peace, no member of the armed or defense forces shall be quartered in any house, without the consent of the owner, nor in time of war, except by the civil magisstrate, in such manner as may be provided by law.
Paragraph 18. Contempts. The power of the Courts to punish for contempt shall be limited by legislative acts.

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Paragraph 19. Imprisonment for debt. There shall be no imprison ment for debt.

Paragraph 20. Arms, Right to Keep and Bear. The right of the people to keep and bear arms, shall not be infringed, but the General Assembly shall have power to prescribe the manner in which arms may be borne.

Paragraph 21. Legislative, Judicial, and Executive Powers, Sepa rate. The legislative, judicial and executive powers shall forever remain separate and distinct, and no person discharging the duties of one shall, at the same time, exercise the functions of either of the others, except as otherwise provided in this Constitution.

Paragraph 22. Right to Assemble and Petition. The people have the right to assemble peaceably for their common good and to apply to those vested with the powers of government for redress of grievances by petition or remonstrance.

Paragraph 23. Citizens, Protection of. All citizens of the United States, resident in this State, are hereby declared citizens of this State, and it shall be the duty of the General Assembly to enact such laws as will protect them in the full enjoyment of the rights, privileges and im munities to such citizenship.

SECTION 2

CERTAIN OFFENSES DEFINED

Paragraph 1. Libel, Jury in Criminal Cases; New Trials. In all prosecutions or indictments for libel the truth may be given in evidence as a defense. The jury in all criminal cases shall be the judges of the law and the facts. The power of the judges to grant new trials, in case of conviction, is preserved.

Paragraph 2. Treason. Treason against the State of Georgia shall consist in levying war against her; adhering to her enemies; giving them aid and comfort. No person shall be convicted of treason, except on the testimony of two witnesses to the same overt act, or confession in open court.
Paragraph 3. Effect of Conviction. No conviction shall cause the forfeiture of the estate of the convicted person, nor prejudice in any way the rights of his heirs.
Paragraph 4. Lotteries. All lotteries, and the sale of lottery tickets, are hereby prohibited; and this prohibition shall be enforced by penal laws.
Paragraph 5. Fraud; Concealment of Property. The General As sembly shall have the power to provide for the punishment of fraud; and, shall provide by law, for reaching property of the debtor conceal ed from the creditor.

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SECTION 3

PROTECTION TO PERSONS AND PROPERTY
Paragraph 1. Private Ways; Just Compensation. In case of neces sity, private ways may be granted upon just compensation being first paid by the applicant. Private property shall not be taken, or damaged, for public purposes, without just and adequate compensation being first paid, except that when private property is taken or damaged for public road and street purposes by the State and the counties and the munici palities of the State, just and adequate compensation therefor need not be paid until the same has been finally fixed and determined as pro vided by law, but such just and adequate compensation, as estimated from the sworn affidavit of condemnor's appraiser, shall then be paid in preference to all other obligations except bonded indebtedness. The General Assembly shall by law require the condemnor to make prepay ment against adequate compensation as a condition precedent to the exercise of the right of eminent domain and provide for the disburse ment of the same to the end that the rights and equities of the property owner, others holding an interest in the property, lien holders and the State and its subdivisions may be protected.
Paragraph 2. Bills of Attainder; Ex Post Facto and Retroactive Laws; Laws Impairing Obligation of Contracts. No bill of attainder, ex post facto law, retroactive law, or law impairing the obligation of con tracts, or making irrevocable grant of special privileges or immunities, shall be passed.
Paragraph 3. Wife's Separate Estate. All property of the wife at the time of her marriage, all property given to her, all property in herited by her, and all property acquired by her shall remain her sepa rate property and shall not be liable for the debts of her husband.

SECTION 4
SPECIAL LEGISLATION FORBIDDEN
Paragraph 1. General Laws; Uniform Operation; How Varied. Laws of a general nature shall have uniform operation throughout the Stj.te, and no local or special law shall be enacted in any case for which provision has been made by an existing general law. No general law affecting private rights shall be varied in any particular case by special legislation, except with the free consent, in writing, of all persons to be affected thereby; and no person under legal disability to contract, is capable of such consent.
Paragraph 2. What Acts Void. Legislative acts in violation of this Constitution, or the Constitution of the United States, are void and the judiciary shall so declare them.

SECTION 5
GOVERNMENTAL RIGHTS OF THE PEOPLE
Paragraph 1. State Rights. The people of this State have the in herent, sole and exclusive right of regulating their internal government,

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and the police thereof, and of altering and abolishing their Constitution whenever it may be necessary to their safety and happiness.

Paragraph 2. Enumeration of Rights Not Denial of Others. The enumeration of rights herein contained as a part of this Constitution shall not be construed to deny to the people any inherent rights which they may have hitherto enjoyed.

ARTICLE 2

LEGISLATIVE BRANCH

SECTION 1

LEGISLATIVE POWER, WHERE VESTED

Paragraph 1. Power Vested in General Assembly. The legislative power of the State shall be vested in a General Assembly which shall consist of a Senate and a House of Representatives.

SECTION 2

SENATE

Paragraph 1. Number and Appointment of Senators. There shall be fifty-four senatorial districts, and one Senator shall be elected from each district by the electors of such district. The General Assembly shall have authority to rearrange and change senatorial districts. The ap portionment of the Senate shall be based on population and shall be changed by the General Assembly, if necessary, at its first session after each United States decennial census becomes official.

Paragraph 2. Qualifications of Senators. At the time of their elec tion, the members of the Senate shall be citizens of the United States, shall have been citizens of this State for at least four years immediately preceding their election, and shall have been residents of the territory embraced within the district from which elected for at least one year immediately preceding their election. At the time of taking office, such members shall be at least twenty-five years of age.

SECTION 3

HOUSE OF REPRESENTATIVES

Paragraph 1. Number of Representatives. The House of Represen tatives shall consist of one Representative from each county. There shall be forty-six additional Representatives to be apportioned among the several counties in such manner as the General Assembly may pro vide, but until such time as the General Assembly shall otherwise pro vide, such additional Representatives shall be apportioned among the several counties as follows: To the eight counties having the largest population, two additional Representatives each; and to the thirty coun-

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ties having the next largest population, one additional Representative each.

Paragraph 2. Qualifications of Representatives. At the time of their election, the members of the House of Representatives shall be citizens of the United States, shall have been citizens of this State for at least two years immediately preceding their election, and shall have been residents of the county from which elected for at least one year immediately preceding their election. At the time of taking office, such members shall be at least twenty-one years of age.

SECTION 4

OFFICERS OF THE GENERAL ASSEMBLY

Paragraph 1. President of the Senate. The presiding officer of the Senate shall be styled the President of the Senate. The President of the Senate shall have no vote, except:

(a) When the Senate shall be equally divided on an issue;

(b) When only one additional vote shall be required for a con stitutional majority; and

(c) In Senate committees as prescribed by the Senate rules.

Paragraph 2. Speaker of the House of Representatives. The pre siding officer of the House of Representatives shall be styled the Speak er of the House of Representatives, and shall be elected from the mem bership of the House of Representatives by a majority of its member ship by a roll call vote thereof.

Paragraph 3. Officers, Employees and Committees of the Two Houses. In addition to the President of the Senate and the Speaker of the House of Representatives, the officers of the two houses shall be a President Pro Tempore and a Secretary of the Senate and a Speaker Pro Tempore and a Clerk of the House of Representatives. The Presi dent Pro Tempore of the Senate and the Speaker Pro Tempore of the House of Representatives shall be elected from the membership of their respective houses and such officers and the Secretary and Clerk shall be elected by a roll call vote by a majority of the membership of the respective house in which they are to serve. The President Pro Tempore shall act as President in case of the death, resignation or disability of the President, or in the event of the succession of the President to the executive power. When acting as President of the Senate, however, the President Pro Tempore shall have the same voting privileges as any other member of the Senate. The Speaker Pro Tempore shall act as Speaker in case of the death, resignation or disability of the Speaker, or in the event of the succession of the Speaker to the executive power. Each house is hereby authorized to provide for its own assistants and employees and fix the compensation therefor. Interim committees may be created by or pursuant to authority of the General Assembly or either house.

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SECTION 5

THE GENERAL ASSEMBLY

Paragraph 1. Terms of Members. The members of the General As sembly shall be elected for terms of two years and shall serve until the time fixed by law for the convening of the General Assembly in the year following the second year of their terms of office.
Paragraph 2. Election and Seating of Members. The first regular election for members of the General Assembly under this Constitution shall be held on Tuesday after the first Monday in November, 1966, and subsequent elections shall be held biennially on the same day, unless the day of election is changed by law. Each house shall be the sole judge of the election, returns and qualifications of its members.
Paragraph 3. Oath. Each Senator and Representative, before tak ing his seat, shall take such oath or affirmation as shall be prescribed by law.
Paragraph 4. Meeting, Time Limit, and Adjournment. The General Assembly shall meet in regular annual session on the second Monday in January in each year. By concurrent resolution adopted by a majority of the membership of each house, the General Assembly may adjourn any regular session to a later day certain in the same calendar year but shall not remain in regular session for longer than fifty days in the aggregate in oddnumbered years or for longer than forty days in the aggregate in evennumbered years, except that by a joint resolu tion adopted by a three-fifths vote of the members of each house, the maximum days of a regular annual session may be extended for a period of not more than seven days, and such resoultion may be extended for a period of not more than seven days, and such resolution need be read only once in each house before a vote thereon. If an impeachment trial is pending at the end of any regular session, the Senate may remain in session until such trial is completed.
Paragraph 5. Quorum. A majority of each house shall constitute a quorum to transact business, but a smaller number may adjourn from day to day and compel the presence of its absent members as each house may provide.
Paragraph 6. Adjournments. Except as otherwise provided in this Constitution, neither house shall adjourn for more than three days or to any other place without the consent of the other, and in case of disa greement between the two houses on a question of adjournment, the Governor may adjourn either or both of them.
Paragraph 7. Eligibility; Appointments Forbidden. No person on active duty with any branch of the armed forces of the United States, and no person holding any civil appointment or office having any emolu ment or compensation annexed thereto, under the United States, this State or any other State, except justices of the peace, members of the militia, members of the reserve armed forces, and members of the Na-

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tional Guard, and no person who is a defaulter for public money or for any legal taxes required of him, shall have a seat in either house. No Senator or Representative shall be elected by the General Assembly or appointed by the Governor to any office or appointment having any emolument annexed thereto, during the time for which he shall have been elected, unless he shall first resign his seat; but during the term for which he is elected, no Senator or Representative shall be appointed to any civil office which is created during such term.

Paragraph 8. Removal from District or County, Effect of. The seat of a member of either house shall be vacant upon his changing his legal residence from the district or the county from which he was elected.

Paragraph 9. Effect of Reapportionment. No reapportionment of the Senate or House of Representatives pursuant to the provisions of Section 2 or 3 above shall affect any then incumbent member of either house and such member may continue to serve out the remainder of the term for which he was elected and no vacancy shall exist with respect to such seat until the expiration of such term.

Paragraph 10. Compensation. The members of the General Assem bly shall receive such compensation and allowances as may be prescribed by law. No change in the amount thereof shall apply to the General Assembly making such change, except that the General Assembly which convenes in 1965 may provide compensation and allowances for the members thereof. The provisions of this Paragraph shall become effec tive January 1, 1965.

Paragraph 11. Elections by the General Assembly. When the Sen ate and the House of Representatives meet in joint session for the pur pose of elections, they shall meet in the Hall of the House of Represen tatives. All such elections shall be by a roll call vote, and the vote shall be recorded on the Journal of the House of Representatives. The Presi dent of the Senate shall preside over such joint sessions and declare the result of such elections. In the absence of the President, the Speaker of the House of Representatives shall preside and declare such results.

Paragraph 12. Disorderly Behavior or Conduct; Punishment. Each house shall have power to punish its members for disorderly behavior or misconduct by censure, fine, imprisonment, or expulsion. No member shall be expelled, however, except by the affirmative vote of two-thirds of the entire membership of the house to which he belongs.

Paragraph 13. Contempts. The General Assembly is hereby autho rized to provide by law the procedure by which persons may be punish ed who are guilty of contempt by and disorderly behavior in the pres ence of either house or any standing or special committee of either house or any interim committee created by or pursuant to authority of the General Assembly or either house. Such law may provide the punishment of any such person by a fine or imprisonment, or both.

Paragraph 14. Privilege of Members. The members of both houses shall be free from arrest during sessions of the General Assembly, and in

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going thereto or returning therefrom, except for treason, felony or lar ceny. No member shall be liable to answer in any other place for any thing spoken in either house or in any committee of the General As sembly or of either house.

SECTION 6
IMPEACHMENTS
Paragraph 1. Power to Impeach. The House of Representatives shall have the sole power to vote impeachment charges against any per son who shall hold any State office or against any public officer com pensated in whole or in part from State funds.
Paragraph 2. Impeachments; Trial of Impeachments. The Senate shall have the sole power to try impeachments. When sitting for that purpose, the members shall be on oath or affirmation and shall be pre sided over by the Chief Justice of the Supreme Court. Should the Chief Justice be disqualified, the Senate shall elect a Justice of the Supreme Court to preside. No person shall be convicted without the concurrence of two-thirds of the membership.
Paragraph 3. Judgments in Impeachment. In cases of impeachment, judgments shall not extend further than removal from office and dis qualification to hold and enjoy any office of honor, trust, or profit within this State; but no such judgment shall relieve any party from any criminal or civil liability.

SECTION 7
GENERAL ASSEMBLY; EXERCISE OF POWERS
Paragraph 1. Powers of the General Assembly; Rules of Each House. The General Assembly shall have the power to make all laws not inconsistent with this Constitution and not repugnant to the Con stitution of the United States. Where this Constitution merely affirms the power of the General Assembly, further provisions as to the exer cise of such power, unless the contrary plainly appears, shall be con strued as discretionary and not mandatory or restrictive. Each house may determine and adopt rules governing its proceedings consistent with the laws and Constitution of this State.

Paragraph 2. Bills to be Read. Except for resolutions extending regular annual sessions, every bill, and every resolution intended to have the effect of law, shall be read three times and on three separate days in each house before it shall pass, unless in case of invasion or insurrection; but the first and second readings may consist of the read ing of the title only.
Paragraph 3. Roll Call Vote, When Taken. At the desire of onefifth of the members present, a roll call vote on any question shall be taken and shall be entered on the journal.

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Paragraph 4. Journals and Acts. Each house shall keep a journal of its proceedings and publish it immediately after its adjournment. The General Assembly shall provide for the publication of the laws passed at each session, After publication, the original journals shall be preserved in the office of the Secretary of State, but there shall be no other record thereof.

Paragraph 5. Roll Call Vote to be Entered, When. Whenever this Constitution requires a vote of two-thirds of either or both houses for the passage of a bill or resolution, a roll call vote shall be taken in each house and shall be entered on its respective journal.

Paragraph 6. Majority of Members to Pass Bill. No bill, and no resolution intended to have the effect of law, shall become a law unless it shall receive a majority of the votes of all the members elected to each house of the General Assembly, and such vote shall so appear on the journal of each house.

Paragraph 7. Acts Signed. All acts shall be signed by the President of the Senate and the Speaker of the House of Representatives.

Paragraph 8. Rejected Bills. Any bill, or any resolution intended to have the effect of law, which shall have been rejected by either house, shall not be introduced again in the house rejecting the same in the same or similar form during the same session at which it was rejected without the concurrence of two-thirds of the membership of the house by which the same was rejected.

SECTION 8

Paragraph 1. One Subject Matter Expressed. No law shall pass which refers to more than one subject matter or contains matter dif ferent from what is expressed in the title thereof.

Paragraph 2. Statutes and Sections of Code, How Amended. No law or section of the Code shall be amended or repealed by mere refer ence to its title or to the number of the section of the Code, but the amending or repealing act shall distinctly describe the law to be amend ed or repealed as well as the alteration to be made.
Paragraph 3. Notice of Intention to Introduce Local Legislation. No local or special bill shall be passed unless notice of the intention to introduce same has been published in the newspaper in which the sheriff's advertisements for the locality affected are published, once a week for three consecutive weeks during a period of sixty days im mediately preceding its introduction into the General Assembly. No lo cal or special bill shall become law unless there is attached to and made a part of said bill a copy of said notice accompained by an affidavit or certificate of a duly authorized representative of the newspaper or accompanied by an affidavit of the author to the effect that said notice has been published as provided herein and specifying the dates of pub lication.

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Paragraph 4. Elective Offices, Abolishment. No office to which a person has been elected shall be abolished nor the term of such office shortened or lengthened by local or special act so as to abolish such office or shorten or lengthen the term thereof during the term for which such person was elected, unless such act be approved by a majority of those qualified voters of the jurisdiction affected voting in a refer endum. When any local law shall add any member or members to any municipal or county governing authority, the members of which are elected by the people, such local law shall provide that the member or members so added shall be elected by the qualified voters of the politi cal subdivision affected under such rules as the General Assembly may provide in said law.

Paragraph 5. Recognizances. The General Assembly shall have no power to relieve principals or sureties upon forfeited recognizances from the payment thereof, either before or after judgment thereof, un less the principal in the recognizance shall have been apprehended and placed in the custody of the proper officers.

Paragraph 6. Abridgement of Right of Eminent Domain. The ex ercise of the right of eminent domain shall never be abridged or con strued so as to prevent the General Assembly from taking property and franchises and subjecting them to public use.

Paragraph 7. Abridgement of Police Power. The exercise of the police power of the State shall never be abridged. Such power, however, shall not be construed so as to infringe upon the right of every citizen to enjoy equal protection under the law.

Paragraph 8. Corporate Powers, How Granted. The General As sembly shall have no power to grant corporate powers and privileges to private companies, but it shall provide by law the manner in which such powers shall be exercised by the superior courts. The Secretary of State shall issue and grant all corporate powers and privileges to banking, trust, insurance and railroad companies in such manner as shall be prescribed by law. The General Assembly shall provide by law how such charters shall be issued and granted in the event the Secre tary of State shall become disqualified or unable to act.

Paragraph 9. Charters Revised or Amended Subject to Constitu tion. The General Assembly shall not remit the forfeiture of the charter of any corporation now existing, or alter or amend the same, or pass any other general or special law for the benefit of said corporation, except upon the condition that such corporation shall thereafter hold its charter subject to the provisions of this Constitution. Every amend ment of any charter of any corporation in this State, or any special law for its benefit, accepted thereby, shall operate as a novation of said charter and shall bring the same under the provisions of this Constitu tion.

Paragraph 10. Change of Name, How Granted. The General As sembly shall have no power to change the names of any person or per sons, but it shall provide by law the manner in which such power shall be exercised by the superior courts.

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Paragraph 11. Change of Election Precincts, How Granted. The General Assembly shall have no power to establish, abolish, or otherwise change election precincts, but it shall provide by general law or uni form application the manner in which such power shall be exercised.
Paragraph 12. Contracts to Defeat Competition. All contracts and agreements which may have the effect of, or are intended to have the effect of, defeating or lessening competition or of encouraging monopo ly shall be illegal and void. The General Assembly shall enforce the provisions of this Paragraph by appropriate legislation.
Paragraph 13. Regulation of Insurance. The General Assembly shall enact laws to compel all insurance companies doing business in this State, whether chartered by this State or otherwise, to deposit rea sonable securities with the State Treasurer to secure the people against loss by the operations of said companies. The General Assembly shall compel all insurance companies doing business in this State, under pen alties, to make annual reports to the Insurance Commissioner or other designated official or officials and print the same at their own expense, for the information and protection of the people.
Paragraph 14. Public Utilities, Tariffs and Charges. The power and authority of regulating railroad freight and passenger tariffs and of charges of public utilities for their services, of preventing unjust discriminations, and requiring reasonable and just rates of freight and passenger tariffs and of charges of public utilities, are hereby con ferred upon the General Assembly, whose duty it shall be to pass laws from time to time, to regulate such tariffs and charges, to prohibit un just discriminations by the various railroad and public utilities of this State, and to prohibit said railroads and public utilities from charging other than just and reasonable rates and to enforce the same by ade quate penalties, provided, nevertheless, that such power and authority shall never be exercised in any way to regulate or fix charges of such public utilities as are or may be owned or operated by any county or municipality of this State; except as provided in this Constitution.
Paragraph 15. Rebates. No public utility company shall give or pay any rebate, or bonus in the nature thereof, directly or indirectly, or do any act to mislead or deceive the public as to the real rates charged or received for freight or passage or services furnished. Any such payments shall be illegal and void, and these prohibitions shall be enforced by suitable penalties.

SECTION 9
REVENUE BILLS
Paragraph 1. Bills for Revenue. All bills for raising revenue or ap propriating money shall originate in the House of Representatives, but the Senate may propose or concur in amendments as in other bills.
Paragraph 2. Public Money, How Drawn. No money shall be drawn from the State Treasury except pursuant to this Constitution or by ap propriations made by law pursuant to this Constitution

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Paragraph 3. Bills Appropriating Money. No bill or resolution ap propriating money shall become a law unless, upon its passage, a roll call vote in each house is recorded.
SECTION 10
APPROPRIATIONS
Paragraph 1. Preparation, Submission and Enactments ol General Appropriations Bill.
(a) The Governor shall submit to the General Assembly within five days after its convening in every odd-numbered year, a budget message and a budget report, accompanied by a draft of a General Ap propriations Bill, in such form and manner as may be prescribed by statute, which shall provide for the appropriation of the funds necessary to operate all the various departments and agencies, to pay the public debt and to meet the current expenses of the State for each of the next two ensuing fiscal years.
(b) The General Assembly shall biennially appropriate the funds necessary to operate all the various departments and agencies, to pay the public debt and meet the. current expenses of the State for each of the next two fiscal years. The fiscal year of the State shall commence on the first day of July of each year and terminate on the last day of June following.
(c) The General Assembly shall by general law provide for the regulation and management of the financial and fiscal administration of the State.
(d) The General Appropriation Bill shall embrace nothing except appropriations fixed by previous laws, the ordinary expenses of the Executive, Legislative and Judicial Departments of the Government, payment of the public debt and interest thereon, and for support of the public institutions and educational interests of the State. All other appropriations shall be made by separate bills, each embracing but one subject.
Paragraph 2. General Appropriations Act.
(a) Each General Appropriations Act now of force or hereafter adopted, with such amendments as are adopted from time to time, shall continue in force and effect for the next two ensuing fiscal years after adoption, and it shall then expire except for the mandatory appropria tions required by this Constitution and those required to meet con tractual obligations authorized by this Constitution and the continued appropriation of federal grants.
(b) The General Assembly shall not appropriate funds for any given fiscal year which, in aggregate, exceed a sum equal to the amount of unappropriated surplus expected to have accured in the State Treas-

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ury at the beginning of the fiscal year, together with an amount not greater than the total Treasury receipts from existing revenue sources anticipated to be collected in the fiscal year, less refunds, as estimated in the Budget Report and amendments thereto. Supplementary appro priations, if any, shall be made in the manner provided in Article 2, Section 10, Paragraph 3 of this Constitution, but in no event shall a supplementary appropriations act continue in force and effect beyond the expiration of the General Appropriations Act in effect when such supplementary appropriations act was adopted and approved.
(c) All appropriated funds, except for the mandatory appropria tions required by this Constitution, remaining unexpended and not con tractually obligated at the expiration of such General Appropriations Act, shall lapse.
(d) All federal funds received by the State are hereby continually appropriated in the exact amounts and for the purposes authorized and directed by the United States Government in making the grant.

(e) The State, State institutions, departments and agencies of the State are hereby prohibited from entering into any contract with any public agency, public corporation or authority pursuant to the provi sions of Article 5, Section 3, Paragraph 3, when such contract constitutes security for bonds or other obligations issued by any such public agency, public corporation, or authority, and the appropriation or expenditure
of any funds for the payment of obligations under any such contract is likewise prohibited at any time when the aggregate annual payments under all such contracts, including the contract or contracts proposed to be entered into, exceed 15% of the total revenue receipts, less re funds, of the State Treasury in the fiscal year immediately preceding the making and entering into of any such contract; provided, however, this provision shall not affect contracts validly entered into prior to the adoption of this Constitution or which conform to this provision at the time the same are hereafter executed. The execution of any such contract is further prohibited until the General Assembly has speci fically provided funds in an Appropriations Act for the payment of at least one year's rental under such contract.

(f) The obligation assumed by the State or any department or agency thereof pursuant to any contract authorized pursuant to the provisions of Article 5 of this Constitution shall constitute a general obligation of the State and the General Assembly shall include in each
General Appropriations Act in the appropriation payable to each de partment or agency thereof, in addition to such other items as may be included in such appropriation, and whether or not any other items are included, sums sufficient to satisfy the payments required to be made by the State or any department or agency thereof in each year under contracts now or hereafter entered into pursuant to said Article 5 with any State authority or public corporation which was created and ac tivated prior to January 1, 1961, which such contracts constitute se curity for bonds or other obligations heretofore or hereafter issued by any such authority or public corporation. In the event for any reason any such appropriation is not made, then the fiscal officers of the State are hereby authorized and directed to set up on their appropriation

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accounts in each fiscal year as an appropriation the respective amounts required by each such department or agency to pay the obligations called for under any such contract. The amount of the appropriation in each fiscal year to meet such contractual obligations shall be due and payable to each such department or agency in each fiscal year to be extended to pay such contractual obligations as set forth in said contracts and said appropriation shall have the same legal status as if the General Assembly had included the amount of the appropriation in a General Appropriations Act.

Paragraph 3. Supplementary Appropriation Acts. In addition to the appropriations made by the General Appropriations Act and amend ments thereto, the General Assembly may make additional appropria tions by supplementary appropriation acts, but no such supplementary appropriation shall be available unless there is an unappropriated sur plus in the State Treasury or the additional revenue measures neces sary to provide such supplementary appropriation shall have been en acted. Neither house shall pass a supplementary appropriation bill until the General Appropriations Act shall have been finally adopted by both houses and approved by the Governor.
Paragraph 4. Appropriations to be for Specific Sums.
(a) Except as hereinafter provided, the appropriation for each department, officer, bureau, board, commission, agency or institution for which appropriation is made shall be for a specific sum of money, and no appropriation shall allocate to any object the proceeds of any par ticular tax or fund or a part or percentage thereof.
(b) An amount equal to all money derived from motor fuel taxes received by the State Treasurer in each of the immediately preceding fiscal years, less the amount of refunds, rebates and collection costs authorized by law, is hereby appropriated for the fiscal year beginning July 1, of each year following, for all activities incident to providing and maintaining an adequate system of public roads and bridges in this State as authorized by laws enacted by the General Assembly of Georgia, and for grants to counties or any political subdivision resulting from the merger of a county with a county or a. municipality for aid in con struction and maintenance as provided by law authorizing the State Treasurer to make such grants. Said sum is hereby appropriated for, and shall be available for, the aforesaid purposes regardless of whether the General Assembly enacts a General Appropriations Act. Said sum need not be specifically stated in any General Appropriations Act pass ed by the General Assembly in order to be available for such purposes. However, this shall not preclude the General Assembly from appropriat ing for such purposes an amount greater than the sum specified above for such purposes. The expenditure of such funds shall be subject to all the rules, regulations and restrictions imposed in the expenditure of appropriations by provisions of the Constitution and laws of this State, unless such provisions are in conflict with the provisions of this Paragraph. The proceeds of the tax hereby appropriated shall not be subject to budgetary reduction. In the event of invasion of this State by land, sea or air, or in case of a major catastrophe, so proclaimed by the Governor, said funds may be utilized for defense or relief purposes on the executive order of the Governor.

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Paragraph 5. Appropriations Void, When. Any appropriation made in conflict with any of the foregoing provisions of this Section shall be void.

SECTION 11
HOMESTEAD EXEMPTIONS
Paragraph 1. Manner of Providing for Homestead Exemptions. The General Assembly shall protect by law from levy and sale a portion of the homestead and other property of the citizens in an amount of not less than $1600 and shall have authority to define those to whom such exemptions shall be allowed; to specify the amount of such exemptions; to provide the manner of exempting such property, the sale, alienation and encumbrance thereof; and to provide for the waiver of said exemp tions by the debtor.
SECTION 12
MILITIA
Paragraph 1. Provision for Militia. The General Assembly shall provide by law for the defense and disaster forces of the State. When not in federal service, the discipline of members of the militia shall be in accordance with the applicable provisions of the Constitution and laws of the United States, acts of the General Assembly, and directives of the Governor in his capacity as Commander-in-Chief of the Militia. The General Assembly shall have the authority to provide for trial by courts-martial and non-judicial punishment of members of the militia; for the initiation of charges and subsequent procedures thereon; and for rules of evidence, venue, and all other matters necessary and propper for the maintenance of a well-regulated and disciplined militia.
SECTION 13

ELECTIVE OFFICIALS
Paragraph 1. Salaries of Elective Officials, How Changed. The General Assembly may prescribe salaries for all elective officers pro vided for in this Constitution and change the same, but no such change shall diminish the amount of any salary during the term of office.

SECTION 14
VETERANS PREFERENCE
Paragraph 1. Veterans Preference. Any person who has served as a member of the armed forces of the United States during the period of a war or armed conflict in which any branch of the armed forces of the United States engaged, whether under United States command or otherwise, and who was honorably discharged therefrom, shall be given such veterans preference in any civil service program established in the

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State government or any political subdivision thereof as may be deter mined by appropriate action of the General Assembly.

Provided, however, notwithstanding any such action by the General Assembly, any veteran who has served as a member of the armed forces of the United States during the period of any war or the Korean Conflict and who was honorably discharged therefrom shall be entitled to and shall receive the following preference in taking a competitive examina tion for employment with the State government or any political sub division thereof.

(a) Such veteran who has at least a ten per centum service con nected disability as rated and certified by the Veterans Administration shall be entitled to and shall have ten points added to his passing score on such examination; and

(b) Any other such veteran shall be entitled to and shall have five points added to his passing score on such examination.

SECTION 15

RETIREMENT SYSTEMS

Paragraph 1. Teachers Retirement System. There shall be a Teach ers Retirement System of Georgia as provided for by law at the time of ratification of this Constitution, with such changes as shall here after be provided for by law not in conflict with the provisions of this Constitution. Such System shall be on an actuarially sound basis and shall be administered by a Board of Trustees of the Teachers Retire ment System of Georgia. Persons eligible for membership in said Sys tem shall be those so authorized by law at the time of the ratification of this Constitution and such other teachers as the General Assembly shall authorize. The allowances and benefits for persons who were members of such System at the time of the ratification of this Constitu tion shall be not less than those authorized under laws and rules and regulations in existence at such time. All monies heretofore and here after paid into such System, except funds and appropriations provided for the cost of administration, are hereby declared to be trust funds and shall not be expended for any purpose except to provide allowances and benefits under such System. The investment powers of the Board with regard to such monies shall be those provided, from time to time, by law for domestic life insurance companies.
Paragraph 2. Employees Retirement System. There shall be an Em ployees Retirement System of Georgia as provided for by law at the time of the ratification of this Constitution, with such changes as shall hereafter be provided for by law not in conflict with the provisions of this Constitution. Such System shall be on an actuarially sound ba sis and shall be administered by a Board of Trustees of the Employees Retirement System of Georgia. Persons eligible for membership in said System shall be those so authorized by law at the time of ratification of this Constitution and such other persons as the General Assembly shall authorize. The General Assembly, however, shall not hereafter

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authorize eligibility for any persons except employees and officials of the State government and employees of those public authorities referred to in Article 2, Section 10, Paragraph 2, Subparagraph (f) of this Con stitution. The allowances and benefits, including survivor's benefits, for persons who were members of such System at the time of the rati fication of this Constitution shall be not less than those authorized un der laws and rules and regulations in existence at such time. All monies heretofore and hereafter paid into such System, except funds and ap propriations provided for the cost of administration, are hereby de clared to be trust funds and shall not be expended for any purpose ex cept to provide allowances and benefits under such System, including Survivor's benefits. The investment powers of the Board with regard to such monies shall be those provided, from time to time, by law for domestic life insurance companies. The Board is hereby authorized to provide by contract for the coverage of the members of the System and eligible officials and employees of political subdivisions, under the pro visions of the Federal Old Age and Survivors Insurance Program, and to amend any such contract from time to time as the Board shall deem advisable, and the General Assembly is hereby authorized to enact any legislation necessary or desirable for such purposes.

Paragraph 3. Firemen's Pension System. The powers of taxation may be exercised by the State through the General Assembly, and the counties and municipalities, for the purpose of paying pensions and other benefits and costs under a firemen's pension system or systems. The taxes so levied may be collected by such firemen's pension system or systems and disbursed therefrom by authority of the General As sembly for the purposes herein authorized.

Paragraph 4. Other Retirement Systems. There shall be such other retirement systems for other State and political subdivision officials and employees as shall now or hereafter be provided for by acts of the General Assembly.

ARTICLE 3 JUDICIARY

SECTION 1 COURTS

Paragraph 1. Courts Enumerated. The judicial power of this State shall be vested exclusively in one Supreme Court, one Court of Appeals, trial courts of general jurisdiction known as the Superior Courts, Courts of Ordinary and such other courts as have been or may be established by law.

SECTION 2

THE SUPREME COURT

Paragraph 1. Supreme Court Justices. The Supreme Court shall consist of seven justices who shall from time to time, as they deem prop-

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er, elect one of its members as Chief Justice, and one as Presiding Justice. The Court shall have power to hear and determine cases when sitting as a body under such regulations as may be prescribed by its rules. A majority of the Court shall constitute a quorum but the con currence of four justices shall be necessary for a decision in any case.

Paragraph 2. Jurisdiction.

(a) Original Jurisdiction. The Supreme Court shall have no orig inal jurisdiction, but shall be a court for the trial and correction of errors of law, and shall have such other powers as is necessary in the exercise of its appellate jurisdiction and in the performance of its duties, including the power to grant supersedeas at any time pending appeal.

(b) Appellate Jurisdiction. The Supreme Court shall have juris diction with respect to the trial and correction of errors of law from the superior courts and from such other courts as now or hereafter autho rized by law, in cases involving the interpretation or application of the Constitution of the United States or of the State of Georgia, or of treat ies between the United States and foreign governments; in all cases in which the constitutionality of any law of the United States or of the State of Georgia is drawn in question, including municipal ordinances and resolutions adopted by county governing bodies, and rules and regu lations adopted by public administrative agencies created by law; in all cases of conviction of a capital felony; in all equity cases; in all cases involving extraordinary remedies; in all cases involving the va lidity of or the construction of wills; in all cases certified to it by the Court of Appeals for its determination; and, until otherwise provided by its rules or by law, in all cases respecting title to land, in all habeas corpus cases and in all divorce and alimony cases; and in such other classes of cases as may be prescribed by law. The Supreme Court shall have discretionary power to require any case to be certified by certiorari or otherwise to the Supreme Court from the Court of Appeals for review and determination with the same power and authority as if the case had been carried directly to the Supreme Court. The Supreme Court also shall have jurisdiction of and shall decide cases transferred to it by the Court of Appeals because of an equal division between the Judges of that Court when sitting as a body for the determination of cases. The decisions of the Supreme Court shall bind all other courts of this State as precedents.

Paragraph 3. Powers of Supreme Court.

(a) The Supreme Court, with the counsel and advice of the Judges of the Court of Appeals, the Judges of the Superior Courts and such committee of the Bar of Georgia as the Supreme Court may appoint, shall have the power to submit rules governing practice and procedure for the judicial system to the General Assembly during the first ten days of any regular session, and if the General Assembly by concurrent action of both houses approves such rules, they shall become effective ten days after the date of adjournment. Any rules so submitted shall be subject to amendment by the General Assembly, and if the Court shall approve such amendments, the rules as so amended shall then be come effective. If the Court shall not approve such amendment, the

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rules shall not become effective. The rules in force upon the effective date of this Constitution shall continue in force until changed as above provided.

(b) The Supreme Court shall by rule govern organization of the bar, standards of professional conduct, and the discipline of the members of the bar; but the General Assembly shall have the authority to repeal, modify or amend any such rule. No such rule or law shall deprive any member of the bar of the right to a trial by jury in the county of his residence upon any disbarment proceeding pursuant to any such rule or law.

SECTION 3

THE COURT OF APPEALS

Paragraph 1. Judges of the Court of Appeals. The court of Ap peals shall consist of such number of judges as may now or hereafter be provided by law. The Court may from time to time elect one of its members as Chief Judge and such number of Presiding Judges as may be prescribed by its rules. The Court may adopt such rules of prac tice in cases before it and the manner of hearing and determining cases as are not inconsistent with the rules of the Supreme Court.
Paragraph 2. Jurisdiction.

(a) Original Jurisdiction. The Court of Appeals shall have no original jurisdiction, but shall be a court for the trial and correction of errors of law, and shall have such other other powers as is necessary in the exercise of its appellate jurisdiction and in the performance of its duties, including the power to grant supersedeas at any time pending appeal.

(b) Appellate Jurisdiction. The Court of Appeals shall have juris diction with respect to the trial and correction of errors of law from the superior courts and from such other courts as now or hereafter authorized by law in such cases as may be prescribed by law or by the rules of the Supreme Court not inconsistent with this Constitution. When the Court of Appeals desires instruction from the Supreme Court in a pending case, it may certify the same to the Supreme Court, which after affording the parties an opportunity to be heard thereon, may instruct the Court of Appeals on the question so certified without regard to whether or not the answer to such question is determinative of the entire case, and the Court of Appeals shall be bound thereby. In case no such instruction is given by reason of an equal division of opinion among the Justices of the Supreme Court, the Court of Ap peals shall decide the case. In the event of an equal division of judges on any case when the Court of Appeals is sitting as a body, the case shall be transferred immediately to the Supreme Court. The manner of certifying cases to the Supreme Court, and the procedure governing review of decisions of the Court of Appeals by the Supreme Court, or of the transfer of cases between said Courts, shall be as the Supreme Court by its rules may prescribe.

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SECTION 4

SELECTION AND TENURE OF JUSTICES OF THE SUPREME COURT AND JUDGES OF THE COURT OF APPEALS

Paragraph 1. Election and Tenure of Justices and Judges. Jus tices of the Supreme Court and Judges of the Court of Appeals shall hold office for six years and until their successors are elected and qualified. They shall be elected by the people in the same manner as members of the General Assembly.

Paragraph 2. Appointments to Fill Vacancies. In case of any vacancy, the same shall be filled by appointment by the Governor and the person appointed shall hold such office until the first day of Janu ary after the regular general election held next after the expiration of thirty days from the time such vacancy occurs, at which election a successor for the unexpired term shall be elected.

SECTION 5

COMPENSATION, RETIREMENT AND PENSION OF JUSTICES OF THE SUPREME COURT AND JUDGES OF THE COURT OF APPEALS

Paragraph 1. Salary. The compensation of justices and judges shall be fixed by statute. Such compensation shall not be reduced dur ing the term for which the justice or judge was elected or appointed.

Paragraph 2. Retirement and Pensions. The General Assembly shall provide by law for the payment of compensation or pensions to retired or disabled justices and judges. The Supreme Court may assign retired justices and judges to perform temporary judicial duties in any appellate court of the State. Justices and judges shall retire upon reach ing court of the State. Justices and judges shall retire upon reaching the age of seventy and may retire upon reaching the age of sixty-five, and any justice or judge so retiring who has served at least ten years as a justice or judge of the Supreme Court or the Court of Appeals, or any combination thereof, or who upon reaching the age of seventy has a combined service of fifteen years as Justice of the Supreme Court,
Judge of the Court of Appeals, or Judge of the Superior Court, five of which must have been as a Justice of the Supreme Court or Judge of the Court of Appeals and shall receive a pension or compensation which shall be not less than two-thirds of the compensation received by him at the time of his retirement; provided however, any justice or judge serving at the time of the effective date of this Constitution who shall reach age seventy during the term of office for which he is then
elected or appointed and serving shall not be required to retire at age seventy but may serve out such term, but he may elect to retire and if so he shall receive the pension or compensation herein provided. No justice or judge receiving retirement or pension benefits hereunder shall be eligible to appointment to any emeritus position. Any justice or judge receiving any such compensation or pension shall not engage
in the practice of law.

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SECTION 6

JUDICIAL ADMINISTRATION

Paragraph 1. Assignment of Judges. The Supreme Court shall have the power in the manner provided by its rules to assign any judge or judge emeritus of the Superior Court of the State to sit in any state court when any justice or judge thereof is disqualified or incapaci tated, and the Supreme Court may also assign any judge or judge emeritus of the Superior Court to sit in any court in any other case where the Supreme Court deems such assignment necessary to aid in the prompt disposition of judicial business. No judge may be assigned under this Paragraph without his consent.

Paragraph 2. Judges of Superior and City Courts May Alternate, When. In any county within which there is, or hereafter may be a City Court, the Judge of said Court, and of the Superior Court may preside in the courts of each other in cases where the judge of either court
is disqualified to preside.

SECTION 7
SUPERIOR COURTS
Paragraph 1. Terms of Judges. There shall be a judge of the superior courts for each judicial circuit, whose term of office shall be four years, and until his successor is elected and qualified. He may act in other circuits and in other courts when directed by the Supreme Court as hereinbefore provided or when authorized by law. The Gen eral Assembly shall have authority to add one or more additional judges of the superior courts for any judicial circuit in the State; shall fix the time at which the term or terms of office of such additional judge or judges shall begin; and shall have authority from time to time to re duce the number of judges in any judicial circuit; provided that, at all times there shall be at least one judge in every judicial circuit of this State. In any circuit having more than one judge, the senior judge in point of service shall be the chief judge unless the judges in the circuit otherwise elect a chief judge.
Paragraph 2. Elections, When to be Held. The successors to the present and subsequent incumbents shall be elected by the electors of the whole State entitled to vote for members of the General Assembly, at the general election held for such members, next preceding the expiration of their respective terms.
Paragraph 3. Terms. The terms of the judges, except in the case of an appointment to fill a vacancy, shall begin on the first day of January after their elections. Every vacancy occasioned by death, resignation or other cause shall be filled by appointment by the Gover nor until the first day of January after the regular general election held next after the expiration of thirty days from the time such vacancy occurs, at which election a successor for the unexpired term shall be elected.

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SECTION 8

JURISDICTION OP SUPERIOR COURTS

Paragraph 1. Exclusive Jurisdiction. The superior courts shall have exclusive jurisdiction in cases of divorce and alimony; in criminal cases where the accused is charged with a felony; in cases respecting title to land; and in equity cases.

Paragraph 2. General Jurisdiction. The superior courts shall have jurisdiction in all civil and criminal cases, with such exceptions as may be provided by law not inconsistent with this Constitution. They shall have appellate jurisdiction in such cases as may be provided by law. They shall have power to correct errors in inferior judicatories by writ
of certiorari or as otherwise provided by law. The superior courts shall have authority to issue such writs as may be necessary or appropriate for carrying their powers fully into effect, and shall have such other powers as may be conferred on them by law.

SECTION 9

COMPENSATION AND RETIREMENT OF JUDGES OF SUPERIOR COURTS
Paragraph 1. Salaries. Judges of the superior courts shall re ceive from the State Treasury such compensation and allowances as may be fixed by law. The General Assembly may by law authorize any county to supplement the compensation and allowances of the judge or judges from funds of the county or counties comprising the circuit of such judge or judges. Such compensation or supplement shall not be reduced during the term for which the judge was elected or appointed.
Paragraph 2. Retirement. Every judge who has not retired at an earlier age shall retire upon reaching the age of seventy, provided, however, any judge serving at the time of the effective date of this Constitution who shall reach age seventy during the term of office for which he is then elected or appointed and serving shall not be required to retire at age seventy but may serve out such term, but he may elect to retire. Any judge retiring under this provision shall receive such compensation or pension as may be provided by law. Any judge receiving such compensation or pension shall not engage in the practice of law.
Paragraph 3. Superior Court Judges Emeritus. Such provisions for Judges Emeritus of the Superior Courts and for the retirement of Superior Court Judges as the legislature has enacted or may hereafter enact are hereby authorized.

SECTION 10
QUALIFICATIONS OF JUSTICES AND JUDGES
Paragraph 1. Age; Citizenship; Practice of Law. No person shall be Justice of the Supreme Court, Judge of the Court of Appeals or

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Judge of the Superior Courts, unless at the time of taking office he shall have attained the age of thirty years; shall have been a citizen of and practiced law in the State of Georgia for seven years and shall be a member in good standing of the bar of the Supreme Court of Georgia; and any Judge of the Superior Court shall have been a resi dent of the territory comprising the circuit in which he is elected or appointed for the three years next preceding his election or appoint ment.

Paragraph 2. Justices and Judges Emeritus or Retired to Preside. Justices emeritus or retired of the Supreme Court, judges emeritus or retired to the Court of Appeals, and judges emeritus or retired of the Superior Courts shall be eligible for temporary service in any court of this State when so designated by the Supreme Court or otherwise provided by law.

SECTION 11
COURT OF ORDINARY
Paragraph 1. Court of Ordinary. There shall be a Court of Ordi nary in each county, the power of which shall be vested in an ordinary.
Paragraph 2. Jurisdiction. The Courts of Ordinary shall have juris diction of probate matters, and such other jurisdiction and powers as provided by law.
Paragraph 3. Term of Office. The Ordinary shall be elected by the electors of his county for a term of four years and until his successor is elected and qualified.

SECTION 12
UNIFORMITY OF COURTS: ABOLITION
Paragraph 1. Uniformity; Exceptions. Except as otherwise here in provided, the jurisdiction, powers, proceedings and practice of all courts or officers invested with judicial powers of the same grade or class, so far as regulated by law, and the force and effect of the proc ess, judgment and decree of such courts, severally, shall be uniform, subject, however, to the following exceptions:
(a) Uniformity shall not be required with respect to courts of ordi nary or such other courts that have been or may be established by law although the General Assembly may by law establish uniformity for any or all of such courts.
(b) All justice of peace courts now in existence shall continue as statutory courts until otherwise provided by law, and with such juris diction and powers as provided by law. The General Assembly may, without regard to uniformity, abolish the office of justice of the peace in any county or district.

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(c) The General Assembly may by law authorize ordinaries or judges of police courts of incorporated cities and municipalities in counties containing no city court, to issue warrants, try cases, and impose sentences in all misdemeanor cases involving traffic offenses and cases arising under the compulsory school attendance laws; pro vided, however, that the accused waives in writing trial by jury.

Paragraph 2. Power to Abolish Courts. All courts not specially mentioned by name in Section 1 of this Article may be abolished in any county at the discretion of the General Assembly.

SECTION 13

VENUE AND JURY TRIAL

Paragraph 1. Venue in Criminal Cases. All criminal cases shall be tried in the county where the crime was committed except in cases when the judge is satisfied that an impartial jury cannot be obtained in such county in which case venue may be changed in such manner as may be provided by law. To the end that no crime shall go unpunished for want of a forum, the General Assembly may prescribe an appropriate venue for the trial of offenses where the exact place of the crime cannot be ascertained.
Paragraph 2. Venue in Civil Cases.
(a) Divorce cases shall be brought in the county where the de fendant resides, if a resident of this State; if the defendant is not a resident of this State, or if his residence is unknown, then in the county in which the plantiff resides; provided, that any person who has been a resident of any United States Army Post or military reservation with in the State of Georgia for six months next preceding the filing of the petition may bring an action for divorce in any county adjacent to said post or reservation.
(b) Cases respecting titles to land shall be tried in the county where the land lies, except where a single tract is divided by a county line, in which case the superior court of either county shall have jurisdiction.
(c) Equity cases shall be tried in the county where a defendant resides against whom substantial relief is prayed.
(d) Suits against joint obligors, joint promissors, co-partners, or joint tort feasors, residing in different counties, may be tried in either county.
(e) Suits against the maker or endorser of promissory notes, or drawer, acceptor and endorser of foreign or inland bills of exchange, or like instruments, residing in different counties, shall be brought in the county where the maker or acceptor resides.
(f) Suits against executors, administrators or guardians in their respective capacities, shall be tried in the county in which is located the court from which the letters are issued.

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(g) All other civil cases shall be tried in the county where the de fendant resides.

(h) In all civil cases where the judge is satisfied that an impar tial jury cannot be obtained in the county of original venue, he may require a change of venue in such manner as may be provided by law.

(i) Except in divorce cases, venue hereunder shall not relate to the jurisdiction of the case, but shall relate only to the jurisdiction of the person.

(j) The General Assembly may provide for venue in cases in volving nonresidents.

Paragraph 3. Jury Trial. The right of trial by jury, except as otherwise provided in this Constitution, shall remain inviolate, but the General Assembly may prescribe any number, not less than five, to con stitute a trial jury, except in the superior courts, where there shall be twelve unless otherwise agreed between the parties; the General As sembly may provide by law for alternate jurors. Trial by jury shall not be required where a case is in default or where no issuable defense is filed, except to the extent as may be provided by law. The parties may waive a jury trial, but in all criminal cases, such waiver must be in writing.

ARTICLE 4 EXECUTIVE BRANCH

SECTION 1
EXECUTIVE OFFICERS
Paragraph 1. Elected Executive Officers; Terms of Office; Sala ries. The elected executive officers of this State shall consist of the Governor, Lieutenant Governor, Secretary of State, Attorney General, Treasurer, Commissioner of Agriculture, Commissioner of Labor, and Comptroller General who shall be ex-officio Insurance Commissioner, each of whom shall hold office for a term of four years and until his successor is elected and qualified. Such officers shall not be allowed any fee, perquisite or compensation other than their salaries as prescribed by law except their necessary expenses when absent from the seat of government on business for the State.
Paragraph 2. Qualifications of Elected Executive Officers. No person shall be eligible to hold the office of Governor or Lieutenant Governor unless he shall have been a citizen of the United States for at least fifteen years, shall have resided in this State for at least six years immediately preceding the time of his election, and shall be at least thirty years of age at the time of taking office. The Governor serving at the time of the adoption of this Constitution and any future elected Governor shall not be eligible to succeed himself and shall not be

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eligible to hold such office until after the expiration of four years from the conclusion of his term of office. No person shall be eligible to hold the office of Secretary of State, Attorney General, Comptroller General, Treasurer, Commissioner of Agriculture or Commissioner of Labor, unless he shall have been a citizen of the United States for at least ten years, shall have resided in this State for at least six years im mediately preceding the time of his election, and shall be at least twentyfive years of age at the time of taking office. No person shall be elected or appointed Attorney General unless at the time of his election or appointment he shall have practiced law for seven years and shall be admitted to practice before and be a member in good standing of the Bar of the Supreme Court of Georgia.

Paragraph 3. Other Executive Officers. The General Assembly shall have power, not inconsistent with the provisions of this Constitu tion, to create other executive officers not provided for in this Constitu tion and prescribe each of such officer's respective qualifications, duties, authority, compensation, term and method of appointment or selection.

Paragraph 4. Suspension of Officers. The General Assembly shall have the authority to provide by law for the suspension of any execu tive officer or department head from the discharge of the duties of his office, and also for the appointment of a suitable person to discharge the duties of same.

Paragraph 5. Oath of Office. Each of the executive officers shall, before he enters on the duties of his office, take such oath or affirma tion as may be prescribed by law.

SECTION 2
DUTIES AND POWERS OF GOVERNOR
Paragraph 1. Executive Powers. The chief executive powers shall be vested in the Governor. The other executive officers shall have such powers as may be prescribed by law, not inconsistent with the powers of the Governor as the chief executive officer of the State.
Paragraph 2. Commander-in-Chief. The Governor shall be Commander-in-Chief of the defense and disaster forces of the Militia of the State.
Paragraph 3. Suspension of Death Sentences. The Governor shall have power to suspend the execution of a sentence of death, after con viction, for offenses against the State, until the State Board of Pardons and Paroles shall have an opportunity of hearing the application of the convicted person for any relief within the power of such Board, or for any other purposes which may be deemed necessary by the Governor. Upon conviction of any person for treason the Governor may only sus pend the execution of the sentence and report the case to the General Assembly at the next meeting thereof, when the General Assembly shall either pardon, commute the sentence, direct its execution or grant a further reprieve. The Governor shall, at each session of the General

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Assembly, communicate to that body each case of suspension of sentence, stating the name of the convict, the offense for which he was convicted, the sentence and its date, the date of the reprieve or suspension, and the reason for granting the same.
Paragraph 4. Law Enforcement. The Governor shall take care that the laws are faithfully executed, and shall be a conservator of the peace throughout the State.
Paragraph 5. Writs of Election. The Governor shall issue writs of election to fill all vacancies that may occur in the Senate and the House of Representatives, where such vacancy would cause a district or county to be without full representation in a session of the General Assembly.
Paragraph 6. Information and Recommendations to General As sembly. The Governor shall give the General Assembly, form time to time, information of the state of the Commonwealth, and recommend to its consideration such measures as he may deem necessary or expedi ent.
Paragraph 7. Extraordinary Sessions of the General Assembly. The Governor may convoke the General Assembly in extraordinary session whenever he deems it necessary, but no laws shall be enacted at any such extraordinary session except those which relate to the ob jects stated in his proclamation calling such session. It shall be manda tory upon the Governor to convoke the General Assembly in extraordi nary session for all purposes whenever three-fifths of the members elect ed to the House of Representatives and three-fifths of the members elected to the Senate certify to him that in their opinion an emergency exists in the affairs of the State. Should the Governor fail to do so within five days, Sundays excluded, after receipt of such certification, the General Assembly may convene itself in extraordinary session for all purposes as if convened in regular session. An extraordinary session convoked by the Governor shall not exceed seventy days in length and an extraordinary session convened by the General Assembly itself shall not exceed thirty days in length, unless at the expiration of either there shall be pending an impeachment trial, in which event the Senate shall be authorized to remain in session until such trial is completed.

Paragraph 8. Filling Vacancies. The General Assembly shall have power to provide by law for filling unexpired terms by special election except as provided in this Constitution. Unless otherwise provided in this Constitution or by law, when any office shall become vacant the Governor is hereby empowered to fill such vacancy and such person shall serve for the unexpired term.

Paragraph 9. Bills and Resolutions, Governor's Approval or Veto.
(a) All bills, and all resolutions intended to have the effect of law, which have been passed by the General Assembly, shall be presented to the Governor.
(b) The Governor may approve or veto any such bill or resolution within five days, excluding Sundays, after it has been presented to

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him unless the General Assembly shall adjourn before the expiration of said five days, in which event the Governor shall have thirty days, excluding Sundays, from the date of adjournment in which to approve or veto the same. In the event the Governor approves any such bill or resolution, the same shall become law on that day unless a different effective date is provided in such bill or resolution, in which event such bill or resolution shall become law on said effective date. In the event the Governor vetoes any such bill or resolution, the same shall not become law unless such veto is overridden by a vote of two-thirds of the members elected to the House of Representatives and a vote of two-thirds of the members elected to the Senate.

(c) Whenever any such bill or resolution is vetoed by the Governor, it shall be his duty to transmit the same to the presiding officer of the house in which it originated together with his reasons for such veto. If the General Assembly is in session at the time, such transmis sion shall be made within six days, excluding Saturdays and Sundays, from the date of presentation to the Governor. Upon being received by the presiding officer of such house, and upon a motion being adopt ed before adjournment, such bill or resolution shall be considered im mediately for the purpose of overriding the veto. In the event the General Assembly shall have adjourned within such time, such trans mission shall be made within thirty-five days, excluding Sundays, from the date of the adjournment of the session of the General As sembly at which such bill or resolution was passed. Upon a motion being adopted by such house within ten days after the convening of the next regular session of the General Assembly, such bill or resolution shall be considered immediately for the purpose of overriding the veto. In the event such house votes to override the veto, the bill or resolution shall be immediately transmitted to the other house. Upon receiving such bill or resolution, it shall be the duty of the presiding officer of such other house to immediately suspend all business and consider such bill or resolution for the purpose of overriding the veto. In the event such veto is overridden by such house, such bill or resolution shall become law on that day and shall become effective on the same day or on the effective date provided in the bill or resolution, whichever date is later in the point of time. If either house fails to override the Governor's veto, any such bill or resolution shall not again be taken up for the purpose "of overriding such veto.

(d) If any such bill or resolution is not approved or vetoed by the Governor within five days, excluding Sundays, after it has been pre sented to him, the same shall become law unless the General Assembly adjourns within said five days, in which event the Governor shall have thirty days, excluding Sundays, after the date of adjournment to ap prove or veto such bill or resolution, and if not approved or vetoed within said thirty days, the same shall become law.
(e) The Governor may approve any appropriation and veto any other appropriation in the same bill and the latter shall not become law unless such veto is overridden as provided herein.
(f) The Governor shall not have the power to veto any proposal by the General Assembly to amend the Constitution.

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Paragraph 10. Information From Officers and Employees. The Governor may require information in writing from constitutional offi cers, department heads, and all State employees, on any subject relating to the duties of their respective offices or employment.

SECTION 3

POWERS AND DUTIES OP LIEUTENANT GOVERNOR

Paragraph 1. President of Senate. The Lieutenant Governor shall be President of the Senate, and shall have such other duties as prescribed by this Constitution or by law.

Paragraph 2. Exercise of Executive Power. In case of death, res ignation or removal from office of the Governor, the Lieutenant Gover nor shall exercise the executive power and receive the compensation of the Governor until the next general election, at which a successor to the Governor shall be elected for the unexpired term; but if such death, resignation or removal from office shall occur within thirty days of the next general election, or if the term will expire within ninety days after the next general election, the Lieutenant Governor shall exercise the executive power and receive the compensation of the Governor for the unexpired term. In case of the disability of the Governor, the Lieu tenant Governor shall exercise the executive power until the removal of such disability.

Paragraph 3. Resignation if Candidate for Governor. If the Lieu tenant Governor shall become a candidate for the unexpired term of the Governor, he shall thereby resign his office as Lieutenant Governor, effective upon the qualification of the Governor elected for the unex pired term, and his successor for the unexpired term shall be elected at such election.

SECTION 4

EXERCISE OF EXECUTIVE POWER BY PERSONS OTHER THAN THE GOVERNOR OR LIEUTENANT GOVERNOR

Paragraph 1. Exercise of Executive Power by Speaker of the House of Representatives. In case of the death, resignation or removal from office of both the Governor and the Lieutenant Governor, the Speaker of the House of Representatives shall exercise the executive power and receive the compensation of the Governor until the election and quali fication of a Governor at a special election, which shall be held within sixty days from the date on which the Speaker of the House of Repre sentatives shall assume the executive power. In case of disability of both the Governor and Lieutenant Governor, the Speaker of the House
of Representatives shall exercise the executive power and receive the compensation of the Governor until the disability of one of them is re
moved.

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Paragraph 2. Exercise of Executive Power by Others. The Gener al Assembly shall provide by law for the devolution of the executive power in the event of the death, resignation, removal from office or disability of the Governor, Lieutenant Governor and Speaker of the House of Representatives. In case of disability of the Governor, Lieu tenant Governor and Speaker of the House of Representatives, the per son upon whom the executive power shall have devolved shall exercise such power and receive the compensation of the Governor until the disa bility of one of them ceases. In case of the death, resignation or removal from office of the Governor, Lieutenant Governor and Speaker of the House of Representatives, such person shall exercise the executive power and receive the compensation of the Governor only until the election and qualification of a Governor in the manner prescribed by this Con stitution.

SECTION 5
DUTIES AND POWERS OF OTHER ELECTED EXECUTIVE OFFICERS
Paragraph 1. Duties and Powers of Other Elected Executive Of ficers. The Secretary of State, Attorney General, Comptroller General, Treasurer, Commissioner of Agriculture and Commissioner of Labor shall be commissioned by the Governor and hold their offices for the same term as the Governor. The General Assembly shall prescribe the respective duties and authorities of each of such officers, and shall provide for necessary expenses for the operation of the department of each. All of said officers shall give bond and security, under regulations to be prescribed by law, for the faithful discharge of their duties. It shall be the duty of the Attorney General to act as the chief law officer of the State and the chief legal advisor to the Governor and executive officers, and to represent the State in all civil and criminal cases in any court when required by the Governor or when the State has an interest in such a case, and to perform such other services as may be required of him by law.
Paragraph 2. Great Seal. The Great Seal of the State shall be de posited in the office of the Secretary of State and shall not be affixed to any instrument of writing except by order of the Governor or Gener al Assembly, and the Seal now in use shall be the Great Seal of the State until otherwise provided by law.

SECTION 6
SOLICITORS GENERAL
Paragraph 1. Number; Term of Office; Vacancies. There shall be a solicitor general for each judicial circuit, whose term of office shall be four years and until his successor is qualified. Solicitors general shall be elected by the electors of their respective circuits at the general election held next preceding the expiration of their respective terms. Every vacancy occasioned by death, resignation or other cause shall be filled by appointment of the Governor until the first day of January

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after the general election held next after the expiration of thirty days from the time such vacancy occurs, at which election a successor for the unexpired term shall be elected.

Paragraph 2. Duties. It shall be the duty of the solicitor general to represent the State in all criminal cases in the superior courts of his circuit and in all criminal cases taken up from the superior courts of his circuit to the Supreme Court and Court of Appeals and to per form such other services as shall be required of him by law. No solicitor general shall represent any private party in any proceeding in which the State or any political subdivision thereof is an adverse party.

Paragraph 3. Salaries of Solicitors. Solicitors general shall re ceive from the State Treasury such compensation as may be fixed by law. The General Assembly may by law authorize any county to supple ment the compensation of the solicitor from funds of the county or counties comprising the circuit of such solicitor.

Paragraph 4. Fees of Solicitors General. The General Assembly may, without regard to uniformity, abolish the fees accruing to the office of solicitor general and in lieu thereof place such solicitor on a salary basis, and may prohibit solicitors general from engaging in the private practice of law.

Paragraph 5. Qualifications of Solicitors General. No person shall be hereafter elected or appointed solicitor general unless at the time of his taking office he shall have attained twenty-five years of age, shall have been a citizen of the State and a resident of the territory com prising the circuit wherein he is elected or appointed for the three years next preceding his election or appointment, shall have practiced law for five years preceding his election or appointment, and shall be ad mitted to practice before and be a member in good standing of the Bar of the Supreme Court of Georgia.

SECTION 7

ELECTIONS

Paragraph 1. Election of Executive Officers. The first election for Governor, Lieutenant Governor, Secretary of State, Attorney General, Comptroller General, Treasurer, Commissioner of Agriculture and Com missioner of Labor, under this Constitution, shall be held on Tuesday after the first Monday in November, 1966. An election shall take place quadrennially thereafter, on said day, until another day be fixed by the General Assembly. All such officers shall be installed in office at the next regular annual session of the General Assembly subsequent to their election. Said election shall be held at the places of holding general elections in the several counties of this State, in the manner prescribed for the election of members of the General Assembly, and the electors shall be the same.

Paragraph 2. Returns of Elections. The returns for every election of said officers shall be sealed by the managers, separately from other

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returns, and directed to the President of the Senate and Speaker of the House of Representatives, and transmitted to such person or authority as provided by law, who shall, without opening said returns, cause the same to be laid before the Senate on the day after the two houses shall have been organized, and they shall be transmitted by the Senate to the House of Representatives.

Paragraph 3. How Returns Published. The members of each house of the General Assembly shall convene in the Representative Hall, and the President of the Senate and the Speaker of the House of Repre sentatives shall open and publish the returns in the presence and under the direction of the General Assembly; and the person having the ma jority of the whole number of votes, shall be declared duly elected to each of said offices; but if the person having received a majority of the whole number of votes shall not be in life, the incumbent officer shall continue to serve until an election by the electors can be held in the manner prescribed by the General Assembly; but, if no person shall have received such majority, then from the two persons having received the highest number of votes, if both such persons shall be in life, the General Assembly shall immediately elect such officer by a roll call vote; and in all cases of election of any such officer by the General Assembly, a majority of the members shall be necessary to a choice. However, in the event that no person shall have received a majority of the whole number of votes in the general election, and if either of the two persons having received the highest number of votes shall not be in life, the incumbent officer shall continue to serve until an election by the electors can be held in the manner prescribed by the General Assembly.

Paragraph 4. Contested Elections. Contested elections shall be de termined by both houses of the General Assembly in such manner as shall be prescribed by law.

SECTION 8

CONSTITUTIONAL BOARDS AND COMMISSIONS

Paragraph 1. Continuation of Existing Boards and Commissions. All the Constitutional Boards and Commissions listed in this Paragraph, having heretofore been created, are hereby recreated and continued as Constitutional Boards and Commissions. The members of such Boards and Commissions shall consist of those in office at the time of the ef fective date of this Constitution and such members shall serve for the terms theretofore appointed or elected. Appointments for full terms and to fill vacancies on all such Boards and Commissions, except the Public Service Commission, shall be made by the Governor and con firmed by the Senate. Appointments to fill vacancies shall be made for the unexpired term. Any appointment made while the Senate is in re gular session shall be presented for confirmation during such session. Any appointment made while the Senate is not in regular session shall be presented to the next regular session of the Senate for confirmation. The members of such Boards and Commissions shall possess the quali fications and receive the compensation provided for such members at the time of the effective date of this Constitution, but the General

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Assembly is hereby authorized to change such qualifications and com pensation by law, except that the compensation of the members of the Public Service Commission and the State Board of Pardons and Paroles shall not be diminished during the term of office for which such mem bers were elected or appointed. In addition to such powers and duties as may be prescribed in this Constitution, such Boards and Commissions shall have such powers and duties as may be provided by law.

(a) The State Board of Pardons and Paroles. The State Board of Pardons and Paroles shall be vested with and shall exercise all the powers of executive clemency, except as otherwise provided in this Con stitution. The Board shall be composed of three members who shall serve for terms of seven years, dating from the expiration of the pre vious terms of its members. The Governor shall not be a member of the Board nor shall he participate in the decisions of the Board, except if any member for any cause is unable to serve in any case involving capital punishment or if two of the members are divided in any case involving the disqualification or disability of the third member, the Governor in such case shall act as a member of the Board. All cases involving capital punishment shall be acted upon by the full Board and each member shall pass upon the same and shall execute as a perma nent part of the record of each such case a written statement in support of or in explanation of such member's decision. In all cases the majority vote of its members shall decide the action of the Board. The Board is hereby vested with the power to grant reprieves, pardons, paroles, commutation of sentences, commutation of penalties, removal of disa bilities imposed by law and the remission of all or any portion of a sentence for any offense against the State, after conviction, except in cases of treason or impeachment. Its members, acting in an ex-officio capacity, shall compose the State Board of Probation which Board shall administer the Statewide Probation System.

(b) Public Service Commission. The Public Service Commission shall be responsible for the regulation of utilities and transportation. The Commission shall consist of five members who shall be elected by the people. The terms of members shall be for six years, dating from the expiration of the previous terms of its members. A chairman shall be selected by the members of the Commission from its membership. The manner and time of election and the procedure for filling vacancies shall be provided by law.

(c) State Personnel Board. The State Personnel Board shall ad minister a State Merit System under which the State personnel under such System shall be selected on a basis of merit, fitness and efficiency, as may be provided by law. The Board shall be composed of three mem bers who shall serve for terms of seven years, dating from the expira tion of the previous terms of its members. No State official or employee shall be a member of the Board.

(d) Board of Commissioners of the Department of Industry and Trade. The Board of Commissions of the Department of Industry and Trade shall be composed of two members from each Congressional Dis trict in the State, but no two shall be from the same county except where a Congressional District is contained within a county. The mem-

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bers of the Board shall serve for terms of six years, dating from the expiration of the previous terms of its members. The Board shall be the policy determining body of the Department. The Board shall elect a Director who shall be the executive officer of the Board and the ad ministrative head of the Department.

(e) State Board of Corrections. The State Board of Corrections shall be vested with the administration of the State Penal System. The Board shall be composed of five members who shall serve for terms of five years, dating from the expiration of the previous terms of its members. The Board shall elect a Director of Corrections who shall be the executive officer of the Board and the administrative head of the Department of Corrections.

(f) Veterans Service Board. The Veterans Service Board shall be composed of seven members who shall serve for terms of seven years, dating from the expiration of the previous terms of its members. Said Board shall elect a Director who shall be the executive officer of the Board and the administrative head of the State Department of Veterans Service. All members of the Board and the Director shall be veterans of some armed conflict in which the United States has engaged with some foreign power.

(g) Game and Fish Commission. The State Game and Fish Com mission shall be composed of one member from each Congressional Dis trict in the State and one additional member from one of the following named counties, to-wit: Chatham, Bryan, Liberty, Mclntosh, Glynn, or Camden, who shall serve for terms of seven years, dating from the expiration of the previous terms of its members.

Paragraph 2. State Highway Board. The State Highway Board which has heretofore been created by statute, is hereby recreated and continued as a Constitutional Board. The Board shall be composed of as many members as there are Congressional Districts in the State. The member of the Board from each Congressional District shall be elected by a majority vote of the members of the House of Representatives and Senate from the counties and Senatorial Districts embraced or partly embraced within such Congressional District, meeting in caucus. All members shall be elected for terms of five years each and until their successors are duly elected and qualified. Nothing herein shall affect the terms of office of members of the Board now in office, and such members shall serve out the remainder of their respective terms and until their successors are duly elected and qualified. The successors
to such members, as their respective terms expire, shall be elected by the General Assembly as provided herein and pursuant to the pro visions of law. The Board shall elect a Director of the State Highway
Department who shall be the Chief Executive Officer of the Department, except that the Director of the Department in office at the time of the adoption of this Constitution shall not be affected, and such Director shall serve out the remainder of his term as now provided by law. The General Assembly shall define by law the powers, duties, qualifications, and compensation of the members of the Board and of the Director, and shall by law prescribe the manner, time and procedure for the election of members of the Board, and the manner of filling vacancies therein.

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ARTICLE 5 PUBLIC FINANCE

SECTION 1 TAXATION

Paragraph 1. Taxing Power.

(a) The power of taxation shall remain at all times under the control of the General Assembly. All tax exemptions, exclusions, deduc tions, credits or other tax benefits shall always remain matters of grace, and neither the General Assembly, any department or official, any division of government, nor government at any level shall have any authority in any manner, to surrender, suspend or otherwise limit the exercise of such power irrevocably.

(b) The power of taxation shall be exercised solely for public pur poses and by general laws or ordinances applicable uniformly upon the same class of subjects throughout the territorial limits of the govern ment authorized to levy the tax except as otherwise provided in this Constitution; provided, however, a county may limit any license fee or occupational tax to businesses located in the unincorporated area thereof.

(c) The levy of taxes on property for any one year by the General Assembly for all purposes, except to provide for repelling invasions, suppressing insurrections, or defending the State in time of war, shall not exceed one-fourth (1/4) mill on each dollar of the value of the property taxable in the State, provided, however, that until some other method permitted by the laws of the United States for the taxation of national banking associations or corporations is enacted by the General Assembly for the taxation of the shares of stock of banking corporations and other monied capital coming into competition with such banking corporations, such property may be taxed at a rate not exceeding five (5) mills on each dollar of the value thereof.

Paragraph 2. Classification and Uniformity.

(a) Classes of subjects for taxation of property shall consist of tangible property and one or more classes of intangible personal prop erty including money. The General Assembly shall have the power to classify intangible personal property including money for taxation, and to adopt different rates and different methods of different classes of such property.

The General Assembly may treat any and all motor vehicles in cluding trailers, as a separate class of tangible property for property tax purposes, adopt different rates, methods or assessment dates for the taxation of such property, and enact legislation consistent herewith to prevent any person, firm or corporation from escaping payment of their fair share of taxes on said motor vehicles.

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(b) The General Assembly may provide for a different method and time of returns, assessments, payment and collection of ad valorem taxes applicable to public utilities, but the property of public utilities shall not be taxed at a greater basis of value or at a higher rate of taxation than other properties.

Paragraph 3. Exemptions from Taxation.

(a) The General Assembly may exempt any of the following prop erty from taxation under such definitions, conditions, and limitations as it may prescribe; all laws exempting property from taxation, other than the property herein enumerated, shall be void.

(1) Property owned by the United States of America, the State of Georgia, any State of the United States, any foreign state, or any governmental division or instrumentality thereof.

(2) Property owned by a non-profit organization established for religious purposes and used exclusively for activities of religious worship, training or instruction and activities reasonably necessary and incidental thereto; including property used for residential purposes from which no income is derived and church cemeteries.

(3) Property owned by a non-profit organization established for charitable purposes and used exclusively in operating an institution of purely public charity and activities reasonably necessary and incidental thereto.

(4) Property owned by a non-profit organization established for educational purposes and used exclusively in operating a school, acade my, seminary, college or other institution of learning and activities rea sonably necessary and incidental thereto.

(5) Property owned by a non-profit organization established for literary, historic, artistic, scientific or educational purposes and used exclusively in operating a library, museum, art gallery, or facilities for the performance of operas, ballets, or other performing arts, or other similar institution and activities reasonably necessary and incidental thereto, provided such property is not held as merchandise or for pur poses of sale or gain.

(6) Property publicly identified as a cemetery or mausoleum and irrevocably dedicated for use exclusively for the burial of human re mains by a plat or instrument duly recorded in the office of the Clerk of the Superior Court of the county in which the land lies.
(7) Property owned by or irrevocably held in trust for the ex clusive benefit of any of the aforesaid non-profit organizations held as endowment, except tangible property which is rented or otherwise used regularly for the primary purpose of producing income therefrom.
(8) Farm products grown in this State remaining in the hands of the producer but only for the year next after their production.

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(9) Intangible property owned by a trust forming a part of a pension, profit sharing or stock bonus plan established by an employer for the exclusive benefit of his employees.

(10) The stock of a corporation which is organized or domesticated under the laws of Georgia; the bonds and other evidences of indebted ness issued by the United States of America, the State of Georgia, any State of the United States or any governmental division or instrumen tality thereof.

(11) Tangible personal property comprising the inventory of a manufacturer in this State, whether raw materials, goods in process of manufacture or finished products, remaining in the hands of the manu facturer but only for the year next after their production or acquisi tion. Provided that any such exemption shall not be effective in any political subdivision of this State unless the same is approved by the electors of such subdivision in a referendum election held for that pur pose

(b) The General Assembly may provide relief from any multiple taxation to which intangible property may be subject by reason of its having acquired a taxable situs in more than one taxing jurisdiction.

(c) There shall be exempt from all ad valorem intangible taxes in this State, the common voting stock of a subsidiary corporation not doing business in this State, if at least ninety per cent of such common voting stock is owned by a Georgia corporation with its principal place of business located in this State and was acquired or is held for the pur pose of enabling the parent company to carry on some part of its estab lished line of business through such subsidiary.

(d) Each disabled veteran who is a citizen and resident of Georgia, is hereby granted an exemption of $10,000 from all ad valorem taxation for State, county, municipal and school purposes on his homestead which he owns and actually occupies as a residence. The value of all property in excess of the exempted amount shall remain subject to taxation. The term "disabled veteran", as used herein, means a disabled American veteran of any war or armed conflict in which any branch of the armed forces of the United States engaged, whether under United States command or otherwise, and who is disabled, as a result of such service in the armed forces, by paraplegia or permanent paralysis of both legs and lower parts of the body resulting from traumatic injury to the spinal cord or brain, or multiple sclerosis, or by total blindness, or by the amputation of both legs or both arms.
(e) In an amount not to exceed $2,000 of its value, the homestead owned by a person who is a resident of this State, actually occupied by him primarily as his residence and only so long as so occupied, is hereby exempted from all property taxation for State, county, and county or area school purposes, except to pay interest on and to retire bonded indebtedness. The General Assembly, from time to time, may lower the amount of this exemption to not less than $1,250. An exemption hereunder must be claimed in the manner prescribed by the General As sembly, and the General Assembly may further define the homestead

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entitled to exemption hereunder except that a homestead as contem plated hereunder shall remain limited to a claimant's actual dwelling, structures incidental thereto, and the land to which same is attached not in excess of twenty acres.
Each person who is sixty-five (65) years of age or over and who does not have an income from all sources, which term shall include tax free income, exceeding $3,000.00 per annum is hereby granted an ex emption at $4,000.00 on his homestead which he owns and which he actually occupies as a residence, such exemption being from all State and county ad valorem taxes. The value of the residence in excess of the above exempted amount shall remain subject to taxation. Any such owner shall not receive the benefits of such homestead exemption unless he files an affidavit with the tax commissioner or tax receiver of the county in which he resides, giving his age and the amount of income which he receives and such additional information relative to receiv ing the benefits of such exemption as will enable the tax commissioner or tax receiver to make a determination as to whether such owner is en titled to such exemption. The tax commissioner or tax receiver shall provide affidavit forms for this purpose. The increased exemption pro vided for herein shall apply to all taxable years beginning after Decem ber 31, 1964.
(f) All personal clothing and effects, household furniture, furnish ings, equipment and other personal property used within the home, and not held for sale, rental or commercial use, and tools and implements of trade of manual laborers, but not including motor vehicles, are hereby exempted from all ad valorem taxation for State, county, muni cipal and school purposes, in the amount of $300.00 in actual value. The General Assembly may from time to time increase said exemption in amount or totally exempt said property from all ad valorem taxation.
(9) There shall be exempted from all ad valorem taxes except for school purposes, all property held under lease from the State or any instrumentality thereof and located on an island owned by the State and operated by an Authority created by the General Assembly for rec reation purposes.
Paragraph 4. Local Taxation. The General Assembly may autho rize any county, or municipal corporation or other political subdivision to exercise the power of taxation for any public purpose as authorized by law or by this Constitution, and unless otherwise provided by this Constitution or by law no levy need state the particular purposes for which the same was made, nor shall any taxes collected be allocated for any particular purpose, unless expressly so provided by the General Assembly or this Constitution. The General Assembly, however, shall prescribe, by general law only, the kinds of taxes which may be levied for such purposes and the limitations upon the amount of such taxes.

SECTION 2
PUBLIC FUNDS
I
Paragraph 1. (a) State Aid Forbidden. The credit of the State shall not be pledged or loaned to any individual, company, corporation,

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or association and the State shall not become a joint owner or stock holder in or with any individual, company, association or corporation except as may be otherwise authorized in this Constitution.

(b) Aid to Churches, Sects Forbidden. Public funds shall not be used, directly or indirectly, in aid of any such church, sect, denomina tion or religionists, or any sectarian institution.

Paragraph 2. Taxing Power and Contributions of Counties, Muni cipal Corporations and Political Subdivisions Restricted. Except as may be otherwise expressly permitted by this Constitution, the General As sembly shall not authorize any county, municipal corporation or politi cal subdivision of this State, through taxation, contribution or other wise, to become a stockholder in any company, corporation, or associa tion, or to appropriate money for or to lend its credit to any corporation, company, association, institution or individual except for purely chari table purposes. This restriction shall not operate to prevent the support of schools by municipal corporations within their respective limits.

Paragraph 3. Donations and Gratuities. Neither the General As sembly nor any public corporation, or political subdivision shall grant or authorize the granting of any donation or gratuity in favor of any person, corporation or association, nor grant or authorize extra com pensation to any public officer, agent, or contractor, after the service has been rendered or the contract entered into, except that the General Assembly may authorize the grant of scholarship and educational aid and loans in furtherance of health, education and welfare programs.

Paragraph 4. Profit on Public Money. It shall be unlawful for any public officer or employee, including any member or officer of the Gen eral Assembly, directly or indirectly, to receive any interest, profit or perquisite from the use, loan or disposition of public funds. The General Assembly shall provide appropriate penalties therefor, including dis qualification from holding public office or employment.

Paragraph 5. State Monies to General Fund. Sale of Certain State Properties, Use of Proceeds, (a) All money collected from taxes, fees and assessments for State purposes under the laws enacted by the General Assembly shall be paid into the general fund of the State Treas ury to be appropriated therefrom solely in the manner required by this Constitution and to be expended solely for the purposes authorized by this Constitution.

(b) The State shall not sell or lease any real property except as now or hereafter provided by the General Assembly. No State Author ity shall sell or lease any real property owned by it except as now or hereafter provided by the General Assembly. In the event any such sale is authorized, the net proceeds therefrom shall be used for capital outlay purposes only, which shall include the payment of any obligation of the State or any obligation unconditionally guaranteed by the State, or the payment of any obligation of any authority or public corporation the payment of which is secured by a contract with the State or any de partment or agency thereof.

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Paragraph 6. Expenditure of State Funds. Funds paid into the general fund of the State Treasury may be appropriated by the General Assembly for the following public purposes and such other public pur poses as may be authorized by the General Assembly and which are not prohibited by this Constitution:

(a) To suppress insurrection, to repel invasion, and defend the State in time of war.

(b) To support the departments, agencies, institutions and adminis tration of government.

(c) To support public schools, public education, and activities neces sary and incidental thereto, including school lunch purposes, as may be determined by the General Assembly.

(d) To pay the principal and the interest on any authorized debt contracted by the State and to provide a sinking fund therefor.

(e) To construct and improve State-owned buildings and proper ties, and to construct, maintain or aid in the construction or maintenance of systems of publicly owned highways, streets, sidewalks, bridges, air ports, docks; and mass transit systems for transportation of passengers for hire as the General Assembly may consider necessary for the pub lic interest.

(f) To provide for such programs of public health and welfare as authorized by law.

(g) To advertise and promote the agricultural, industrial, historic, recreational and natural resources of the State.

(h) To provide scholarship and educational aid and loans as an incident of public health, education, and welfare programs authorized by the General Assembly.

(i) To provide insurance and retirement benefits, compensatory in

nature, for public officers and employees and public school teachers and

personnel, their dependents and survivors, and to make such employer-

contributions under Federal old-age and social security programs as may

be necessary or desirable to provide coverage and participation there-

"

in by the aforesaid employees, their dependents and survivors, as may

be authorized by law.

(j) To make grants to municipal corporations and counties for general or special purposes, as may be authorized by law.

Paragraph 7. Expenditure of Funds Raised by Local Taxation. Funds raised by taxation by any county or municipal corporation or any other local unit of government authorized to levy taxes may be ex pended for any public purpose authorized by this Constitution and such other public purposes as may be authorized by the General Assembly.

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Paragraph 8. Promotion, Development and Regulation of Agricul tural Products. The General Assembly may provide for the promotion of the production, marketing, sale, use, quality, quantity, utilization, processing and improvement of the agricultural products, livestock and livestock products, poultry and poultry products, timber and timber products, sea food and sea food products, and the products of the farms, fields, gardens, orchards and forests of this State. The General Assem bly may provide for the promotion thereof individually, collectively or in any combination thereof. The General Assembly may provide a means of financing any program of promotion by imposing assessments, fees or other charges upon the sale or processing of the affected products, may authorize the acceptance of gifts and donations, and may provide for the disposition of any funds arising under any such program without the necessity of such funds being placed in the State Treasury or being appropriated by the General Assembly. The General Assembly may pro vide for the supervision of any such program by the Department of Agriculture. The General Assembly may create instrumentalities, public corporations, authorities and commissions to administer such programs. The uniformity requirement of this Constitution shall be satisfied by the application of the program upon the affected products.

Paragraph 9. Promotion, Development and Regulation of Milk and Dairy Products. The General Assembly is hereby authorized to provide by law and delegate its powers with respect to the promotion, develop ment and regulation of the production, marketing, sale, price, use, quali ty, quantity, utilization, processing and improvement of milk and dairy products, at all levels.

SECTION 3

PUBLIC DEBT

Paragraph 1. State Debt.

(a) Purposes for Which Created. No debt shall be contracted by, or on behalf of the State, except: contracts by the State, or any de partment or agency of the State, the execution of which is authorized in Paragraph 3 of this Section; loans made to supply such temporary deficit as may exist in the treasury in any year; and debts incurred to repel invasion, suppress insurrection and defend the State in time of war, or to pay the existing public debt. No loan made to supply a temporary deficit may be made when there is a loan then unpaid which was made in a prior fiscal year for that purpose. The State is hereby authorized to guarantee payment unconditionally of any obligation here after issued by any authority or public corporation activated prior to January 1, 1961, the payment of which is secured by any contract with the State, or any department, or agency of the State, the execution of which contract is authorized in this Constitution; and to guarantee payment unconditionally of student loans for higher education under programs authorized by the General Assembly.
(b) State Sinking Funds. In the event the State shall incur any bonded indebtedness under the provisions of this Constitution, the Gener al Assembly, at or before the time of so doing, shall provide for the

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assessment and collection annually of a tax sufficient in amount to pay the principal of and the interest on said indebtedness within thirty years from the date of incurring such indebtedness. All amounts col lected from any source for the purpose of paying said indebtedness shall be placed in a sinking fund separate and apart from other funds of the State and shall be held and used solely for the purpose of paying said indebtedness. Moneys in the sinking fund may be invested and rein vested in obligations of the United States of America or obligations the payment of which in unconditionally guaranteed by the United States of America.

(c) Assumption of Debts Forbidden. The State shall not assume the debt, nor any part thereof, of any county, municipal corporation or other political subdivision of this State unless such debt be contracted to enable the State to repel invasion, suppress insurrection or defend itself in time of war.

Paragraph 2. Local Debt.

(a) Debts of Counties, Municipalities and School Districts. The debt of any county, municipal corporation, county school district, area
school district or other political subdivisions, except for contracts au thorized in Paragraph 3 hereof, and as in this Constitution otherwise provided for, shall never exceed seven per centum in the case of any county, municipal corporation or other political subdivision, or ten per centum in the case of county school districts or area school districts, of the assessed value of all the taxable property therein, and no such coun ty, municipal corporation, county school district or area school district or other political subdivision shall incur any new debt including the additional debt authorized in subparagraph (b) of this Paragraph, except for a temporary loan as provided for in this Constitution and except for debts created for the purpose of paying, in whole or in part, the cost of property valuation and equalization programs for ad valorem tax purposes, without the assent of a majority of the qualified voters thereof voting in an election for that purpose held as prescribed by law. Registration of voters for any such election shall be as provided for general elections and the General Assembly shall have no power to pro
vide any form of special registration of voters for any such election. In computing the applicable percentage limitation the amount of any money in a sinking fund irrevocably pledged to the payment thereof may be deducted from outstanding indebtedness.

Any county, municipal corporation, county school district, area school district or other political subdivision may accept and use funds provided by the Federal Government, or any agency thereof, to aid in financing the cost of studies, plans, surveys and investigations and other action preliminary to the construction of public works, and where the funds so used are to be repaid within a period of ten years such an agreement shall not be considered a debt within the limitation set forth in the preceding paragraph.

Debts created for property valuation and equalization programs shall not be included in the limitations established in the preceding pro vision of this paragraph and debt created for such purposes may be

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incurred without an election but the same must be repaid in equal an nual installments within not more than seven years from the date of its creation and the interest payable thereon shall not exceed five per centum per annum; provided, however, no such debt may be incurred until such program and all contracts to be entered into in connection therewith shall have been approved by the State Revenue Commissioner and an agreement shall have been entered into with such Commissioner that such program shall be carried out in accordance with such Com missioner's rules and regulations.

(b) Additional Debt Authorized. In addition to the debt permitted up to the limits imposed by subparagraph (a) of this paragraph, a debt may be incurred by any county, municipal corporation, county school district, area school district or other political subdivision up to an ad ditional three per centum in the aggregate of the assessed value of all the taxable property therein, provided that such additional debt in each instance shall be repaid in equal annual installments within not more than five years after such debt was incurred. Any such additional indebt edness shall have first been authorized in an election as provided in subparagraph (a) of this paragraph.

(c) Refunding Bonds. Any county, municipal corporation, county school district, area school district or other political subdivision shall have the right to issue bonds without an election to refund any out standing bonded indebtedness provided that the issuance of such re funding bonds is solely to refinance an existing indebtedness for the purpose of curing or preventing a default or the issuance of the re funding bonds will reduce the total combined principal and interest pay able on such outstanding bonds. The total principal amount of such refunding bonds shall not exceed the total principal amount of the bonds being refunded.
(d) Sinking Funds for Bonds. All amounts collected from any source for the purpose of paying the principal of or the interest on any bonded indebtedness of any county, municipal corporation, county school district, area school district or other political subdivision shall be placed in a sinking fund separate and apart from all other moneys of such county, municipal corporation, county school district, area school district or other political subdivision and shall be used solely for the purpose of paying such indebtedness.
(e) Sinking Fund Investments. The moneys in any such sinking fund shall be invested and reinvested by or at the direction of the gov erning authorities of such county, municipal corporation, county school district, area school district or other political subdivision in obligations of, or unconditionally guaranteed by, the United States Government; in obligations of the State of Georgia; in obligations of any authority or public corporation, the payment of which is unconditionally guaran teed by the State of Georgia, or the payment of which is secured by a contract the execution of which is authorized by this Constitution with the State, or any department or agency of the State; and in direct general obligation bonds, which have been validated as provided by law, or any county, municipal corporation, county school district, area school district or other political subdivision of this State.

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(f) Temporary Loans. In addition to the other indebtedness per

mitted by this Constitution, any county, municipal corporation, county

school district, area school district or other political subdivision is here

by authorized to make temporary loans between January 1st and De

cember 31st in each year to pay expenses for such year and may issue

promissory notes or tax anticipation certificates to evidence any such

indebtedness and taxes anticipated to be collected may be pledged and

incumbered and a lien created thereon as security for the payment of

such promissory notes or of such tax anticipation certificates provided

that the aggregate of all such indebtedness outstanding shall not exceed

seventy-five per centum of the total gross income received by such

t

county, municipal corporation, county school district, area school dis

trict or political subdivision from taxes collected or received in the

last preceding year and all such indebtedness shall be payable on or

before December 31st of the calendar year in which such loan is made.

No election shall be required to authorize any such indebtedness and

the same shall not be considered in determining any debt limitation pro

vided for in this Constitution. No such temporary loan may be made

in any year when there is a temporary loan then unpaid which was

made in a prior year. No such county, municipal corporation, county

school district, area school district or political subdivision shall incur

in any one year an aggregate of such temporary loans and other con

tracts or obligations for current expenses in excess of the total antici-

'"-'

pated revenue for such calendar year.

(g) Levy of Taxes to Pay Indebtedness. Any county, municipal corporation or other political subdivision which shall incur any indebted ness, including indebtedness incurred for property valuation and equali zation programs, shall, at or before the time of so doing, provide for the assessment and collection of an annual tax sufficient in amount to pay the principal of and the interest on said indebtedness within thirty years from the date the same was incurred or such shorter period as may be specified in this Constitution for the repayment of a particular class of indebtedness, and shall have the right to levy ad valorem taxes without limitation as to rate or amount and shall be required to levy taxes to the extent necessary for such purpose. Any such taxes shall be in addition to and separate and apart from any other taxes levied or imposed for other than debt retirement and may be used only for the purpose for which the same were levied.

(h) Revenue Obligations. Any county, municipal corporation, pub

lic corporation, authority or political subdivision may issue revenue

obligations to provide funds to pay the cost, in whole or in part, of

acquiring, constructing, extending or improving any public property or

facility, including roads, tunnels, bridges, airports, harbor facilities,

:

water, sewerage and garbage collection, treatment and disposal systems,

gas and electric systems (including dams, reservoirs, generating sta

tions and the like), recreational, amusement, educational and exhibition

facilities, beach erosion protection systems, public parking buildings

and facilities (including parking meters), public facilities for the trans

portation of passengers for hire and for such other kinds of public

property and facilities as may be authorized by the General Assembly.

Such obligations shall be payable, as to principal and interest, solely

from revenues produced from public property or facilities and pledged

to the payment thereof and shall not be deemed to be debts of, or to

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create debts against the issuer within the meaning of any provision of this Constitution and any revenues other than taxes may be pledged to the payment of such obligations though such revenues are to be received from property other than that being acquired, constructed or improved; provided, however, before any such obligations may be issued for the purpose of buying, constructing, extending, improving, equip ping, operating or maintaining gas or electric generating and distribu tion system the same shall first be authorized by a majority of those voting at an election held for that purpose in the county, municipal corporation or political subdivision affected, and provided further that a majority of the registered voters thereof shall vote in said election. Such election shall be held in the same manner as elections to authorize the incurring of indebtednes as provided in subparagraph (a) of this paragraph, but no election shall be required to authorize the issuance of any obligations, the proceeds of which shall be used solely for the purpose of refunding outstanding obligations. Provided that after a favorable election has been held as set forth above, if municipalities, counties or other political subdivisions, shall purchase, construct, or operate such electric or gas utility plants from the proceeds of said revenue certificates, and extend their services beyond the limits of the county in which the municipality or political subdivision is located, unless such service is merely incidental to its transmission lines, then its services rendered and property located outside said county shall be subject to taxation and regulation as are privately owned and operated utilities.

No issuer shall exercise the power of taxation for the purpose of paying the principal of or the interest on any such obligations.

(i) The General Assembly may authorize the issuance of revenue obligations by counties, municipal corporations, political subdivisions or authorities or public corporations enabled or created by it to finance the cost of land, buildings, facilities, machinery or equipment to be sold to or leased by private businesses in the establishment of a new plant or in the expansion of an existing facility, and the General Assem bly may further authorize the levy of taxes by any such county, munici pal corporation or political subdivision for industrial development pur poses as may be defined by law except for the repayment of any obliga tion incurred by any such county, municipal corporation or political subdivision, authority or public corporation contracting therewith, for industrial development purposes, provided such levy shall not exceed two mills annually.

Paragraph 3. Intergovernmental Contracts.

(a) The State or any department or agency thereof, any county, municipal corporation, political subdivision, public agency, public cor poration or authority now or hereafter created may contract for any period, not exceeding fifty years, with each other for the use by any of the aforesaid or the residents thereof of any facilities owned or to be acquired or any services, to be rendered by any of the aforesaid and may contract for such period with the United States Government or any department or agency thereof. Such contracts, to be lawful, must deal with such activities and transactions as the aforesaid are by law

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authorized to undertake; but such contracts shall not be rendered un lawful by virtue of the fact that a partial or complete delegation of authority is involved. Any such contracting party having the power to levy taxes may provide for the payment of its obligations incurred by virtue of such contract by levying taxes to the extent necessary for that purpose or by applying taxes or revenues derived from any other source.

(b) Any party to any contract authorized by the preceding subparagraph is empowered to convey to any other party to such contract real and personal property, provided the property so conveyed is to be maintained and operated for the same purpose for which the contract was executed and is not to be mortgaged or pledged but the revenues to he derived therefrom may be pledged.

(c) Any county, municipal corporation or political subdivision may contract with any public agency, public corporation or authority for the care, treatment, maintenance and hospitalization for its indigent and obligate itself to pay for the cost of acquiring, constructing, mod ernization or repairing of buildings and facilities necessary to render the aforesaid services to its indigent and other persons desiring similar services and in addition to pay the cost of operating and maintaining such buildings and facilities and the cost of rendering of such services to its indigent and may pay the cost of the obligation so assumed by levying taxes to the extent necessary for that purpose or applying taxes or revenues derived from any other source.

ARTICLE 6 EDUCATION

SECTION 1 PUBLIC EDUCATION

Paragraph 1. Public Education; Support by Public Funds. An ade quate common school education for its citizens shall be a primary obliga tion of the State of Georgia and its political subdivisions, the expense of which shall be borne out of public funds. The General Assembly shall by taxation or otherwise provide for such public funds.

Paragraph 2. Public Education; Other than Common Schools. The General Assembly may provide for an adequate public education for its citizens other than in the common schools, and may provide that the expense thereof be borne out of public funds and funds from such other sources, including tuition charges, as the General Assembly may pre scribe.
SECTION 2
STATE BOARD OF EDUCATION

Paragraph 1. State Board of Education. The State Board of Edu cation, having heretofore been created as a constitutional board, is

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hereby recreated and continued as a constitutional board. The members of said Board in office at the time of the effective date of this Consti tution shall serve until July 1, 1965, at which time the terms of all such members shall expire and said Board shall stand abolished. Effec tive July 1, 1965, a new constitutional State Board of Education is hereby created. Such Board shall be composed of one member from each congressional district in the State. The members of such Board shall be selected and appointed as follows: one representative member from the Board of Education of each county, area, or independent school system in the congressional district, and all members of the General Assembly who represent counties or senatorial districts within or partly within the congressional district, shall caucus at a location in the congressional district and choose three nominees, one of whom shall be appointed by the Governor, subject to confirmation by the Senate, as the member of the Board from such congressional district. The General Assembly shall provide by law the procedure for such caucus and other matters rela tive thereto. The first members of the Board who take office July 1, 1965, shall serve as follows: two members each shall be appointed for staggered terms of one, two, three, four, and five years, and until their successors are appointed and qualified. Such terms shall be designated by the Governor. Thereafter, successors shall serve for terms of five years and until their successors are appointed and qualified. Successors shall likewise be selected and appointed in the same manner as original members. Vacancies shall be filled in the same manner as provided for full terms and the person filling such vacancy shall serve for the unexpired term. The members of the Board shall be citizens of this State who shall have resided in Georgia for at least five years immediately preceding their appointment. The members shall have such other qualifi cations and shall receive such compensation as may be provided by law. No person employed in a professional capacity by a private or public educational institution or by the State Board of Education shall be eligible to serve on said Board. Such new Board shall be the successor to the abolished Board and shall have such rights, powers and duties as may be provided by law.

SECTION 3
STATE SCHOOL SUPERINTENDENT
Paragraph 1. Appointment and Qualifications. There shall be a State School Superintendent who shall be the Executive Officer of the State Board of Education and the Chief Administrative Officer of the State Department of Education. He shall be appointed by the State Board of Education and shall serve at the pleasure of the Board. He shall have such powers, duties and compensation as may be provided by law. No member of the State Board of Education shall be eligible for appointment as State School Superintendent during the term for which he shall have been appointed as a member.

SECTION 4
BOARD OP REGENTS
Paragraph 1. Board of Regents of the University System of Georgia. The Board of Regents of the University System of Georgia,

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having heretofore been created as a constitutional board, is hereby recreated and continued as a constitutional board. The Board shall be composed of one member from each congressional district in the State and five additional members from the State-at-large, and all members shall serve for terms of seven years, dating from the expiration of the previous terms of its members. The members of said Board in office at the time of the effective date of this Constitution shall serve for the terms heretofore appointed. Appointments for full terms and to fill vacancies shall be made by the Governor and confirmed by the Senate. Appointments to fill vacancies shall be made for the unexpired term. Any appointment made while the Senate is in regular session shall be presented to the Senate for confirmation during such session. Any appointment made while the Senate is not in regular session shall be presented to the next regular session of the Senate for confirmation. The Governor shall not be a member of said Board. The government, control and management of the University System of Georgia and all of its institutions in said system shall be vested in the Board of Regents of the University System of Georgia. The Board shall have such further powers and duties as may be provided by law. The members shall have such qualifications and receive such compensation as may be provided by law.

SECTION 5

SCHOOL DISTRICTS
Paragraph 1. (a) County School District; County Board of Edu cation; Election or Appointment; Change by Referendum. Authority is granted to counties to establish and maintain public schools. Except as provided in Paragraph 2 of this Section, each county, exclusive of any independent school system now in existence in a county shall com pose one county school district, and shall be confined to the control and management of a County Board of Education, which shall have such powers and duties as may be provided by law. The members of the County Board of Education in each county shall be elected or appointed in the manner and for such terms as may be provided by law applicable thereto at the time of the effective date of this Constitution until such time as the manner of election or appointment and the terms of mem bers are changed by local law conditioned upon approval by a majority of the voters of the county school district voting in a referendum there on. The members of the County Board of Education in each county shall be freeholders in such county and shall be elected or appointed from that portion of the county not embraced within the territory of an inde pendent school district, and shall have such further qualifications as may be prescribed by law.

(b) County School Superintendent; Election or Appointment; Change by Referendum. There shall be a County School Superintendent in each county school district, who shall be the executive officer of the County Board of Education and the administrative officer of the county school district. He shall have such qualifications, powers, duties and compensation as provided by law. He shall be elected or appointed in the manner and for such term as may be provided by law applicable thereto at the time of the effective date of this Constitution until such

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time as the manner of election or appointment and tenure are changed by local law conditioned upon approval by a majority of the voters of the county school district voting in a referendum thereon.

Paragraph 2. Area School Districts; Area Boards of Education; Area School Superintendents. The General Assembly may, by general or local law, provide for the consolidation and merger of any two or more county school districts, independent school systems, or any combi nation thereof, into a single area school district under the control and management of an Area Board of Education. No such consolidation or merger shall become effective until approved by a majority of the voters in each school district and school system affected voting in a referendum thereon held in each school district or school system being consolidated or merged. Any area school district so established shall constitute a separate political subdivision of this State, and the school districts or systems incorporated therein and their boards of education shall stand abolished, and title to all school properties and assets thereof shall vest in the Area Board of Education. The number of members of any Area Board of Education, their method of election or appointment, terms, qualifications, powers and duties shall be as provided by general or local law. There shall be an Area School Superintendent in each area school district, who shall be the executive officer of the Area Board of Education and the administrative officer of the area school district. He shall be elected or appointed in the manner, and have such qualifi cations, tenure, powers, duties and compensation, as may be provided by general or local law. Subsequent to the creation of an area school district, the number of members and the manner of election or appoint ment of members of the Area Board of Education, and their terms of office, and the manner of election or appointment of the Area School Superintendent, and his tenure, may be changed pursuant to local or general law, provided that any such local law shall be conditioned upon approval by a majority of the voters of the area school district voting in a referendum thereon.

Paragraph 3. Powers of Board to Contract with Each Other. Any two or more county boards of education or any two or more independent school systems or any two or more area boards of education, or any combination of the foregoing, may contract with each other for the care, education and transportation of pupils, and such other activities as they may be authorized by law to perform, not in conflict with the provisions of this Constitution.

SECTION 6

MAINTENANCE AND PROTECTION OF CERTAIN SCHOOL SYSTEMS

Paragraph 1. Maintenance of Existing Independent Systems. Au thority is hereby granted to political subdivisions to maintain existing independent school systems, and support the same as authorized by special or general law, and such existing systems may add thereto col leges. No independent school system shall hereafter be established.

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Paragraph 2. Systems Established Prior to Constitution of 1877. Public school systems established prior to the adoption of the Consti tution of 1877 shall not be affected by this Constitution.

SECTION 7

MEETINGS OF BOARDS OF EDUCATION

Paragraph 1. Board Meetings to be Public. All official meetings of boards of education shall be open to the public.

BEQUESTS, DONATIONS AND GRANTS

Paragraph 1. Bequests, Donations and Grants. The State Board of Education, the Regents of the University System of Georgia, and all other boards of education may accept bequests, donations and grants of land, or other property, for the use of their respective systems of edu cation.
SECTION 9

LOCAL TAXATION FOR EDUCATION

Paragraph 1. Local Taxation for Education. The fiscal authority of each county shall annually levy a school tax for the support and maintenance of education, not greater than twenty mills per dollar, as certified to it by the county board of education, upon the assessed value of all taxable property within the county, exclusive of any inde pendent school system therein. The certification to be made by an Area Board of Education to the fiscal authorities of the territories comprising an area school district shall be in such amount and within such limits as may be prescribed by general or local law applicable thereto, and upon such certification being made, it shall be the duty of such fiscal authorities to levy such tax in accordance with such cer tification, but such levy shall not be greater than twenty mills per dol lar upon the assessed value of the taxable property therein. Such school tax fund shall be expended only for the support and maintenance of public schools, public education, and activities necessary and incidental thereto, including school lunch purposes, as may be determined by the General Assembly.
Paragraph 2. Increasing or Removing Tax Rate. The millage limi tation provided in Paragraph 1 may be increased or removed by action of the County Board of Education, but only after such action has been approved by a majority of the qualified voters voting in a referendum held in the school district to be affected, in the manner prescribed by law. The millage or other limitation prescribed by any general or local law applicable to any area school district may likewise be increased or removed by action of the Area Board of Education, but only after such action has been approved by a majority of the qualified voters voting in a referendum held in the area school district to be affected, in the manner prescribed by law.

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Paragraph 3. Increasing Tax Rate to Receive Available State Funds. If the maximum millage levy which can be certified to the appropriate fiscal authority or authorities by a county or area board of education under provisions of Paragraphs 1 or 2 of this Section, or under provisions of any general or local law applicable to area school districts, shall not be sufficient to produce the amount of school funds which the county or area school district may be required by law to raise in order to receive the full allotment of State educational funds available for support, maintenance or improvement of education in the county or area school district, the board of education of the county or area school district shall, notwithstanding the limitations contained in Paragraphs 1 or 2 of this Section, or as may be contained in general or local law applicable to area school districts, be authorized to certify to the appropriate fiscal authority or authorities a millage levy that will be sufficient to produce the amount of school funds needed in order to receive allotment of all available State educational funds, and upon such certification being made, it shall be the duty of the fiscal authority or authorities of the county or territories, as the case may be, to levy such tax or furnish such funds, as the case may be, in accordance with such certification.

SECTION 10

EDUCATIONAL GRANTS AND FREEDOM OF ASSOCIATION

Paragraph 1. Grants for Education. The General Assembly may by law provide for grants of State, county or municipal funds to citi zens of the State for educational purposes, in discharge of all obligations of the State to provide adequate education for its citizens.

Paragraph 2. Freedom of Association. Freedom from compulsory association at all levels of public education shall be preserved inviolate.

SECTION 11 SPECIAL SCHOOLS

Paragraph 1. Special Schools; Creation; Taxes and Bonds. The boards of education of any two or more counties, area school districts, or independent school systems, or any combination thereof, may estab lish, pursuant to general or local law enacted by the General Assembly, one or more special schools such as vocational trade schools, schools for exceptional children, and schools for adult education in one or more of such political subdivisions; provided, however, that the establishment and operation of such schools pursuant to such general or local law, and any subsequent amendments thereof shall be first approved by a majority of the voters voting thereon in each of the school districts or systems affected thereby in separate referendums held in the manner provided by law. The government, powers and duties of boards of edu cation participating in the establishment or operation of such special schools shall be defined in the general or local law authorizing the same, and such boards of education shall be authorized to incur bonded in debtedness not to exceed three per centum of the assessed value of all the taxable property therein and to require the levy of school tax funds

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required for the establishment and operation of such schools in such amount and manner as shall be provided in such general or local law, which shall be in addition to any and all other indebtedness and school tax fund levies as may be authorized by this Constitution and by the laws of this State. Special schools established pursuant to the provisions of this Section shall be operated in conformance with regulations pro mulgated by the State Board of Education pursuant to the provisions of law. The State is hereby authorized to expend funds for the support and maintenance of such special schools in such amount and manner as may be provided by law.

Paragraph 2. Special Schools Heretofore Established Protected. Special schools established prior to the adoption of this Constitution pursuant to provisions of Article VII, Section VI, Paragraph I (d) of the Constitution of Georgia of 1945 shall not be affected by this Constitution.

ARTICLE 7
COUNTIES AND MUNICIPAL CORPORATIONS --HOME RULE--SLUM CLEARANCE AND REDEVELOPMENT

SECTION 1
COUNTIES
Paragraph 1. Counties a Corporate Body; Boundaries. Each coun ty shall be a body corporate with such powers and limitations as may be prescribed by law. All suits by or against a county shall be in the name thereof; and the metes and bounds of the several counties shall remain as now prescribed by law, unless changed as hereinafter pro vided.
Paragraph 2. Counties; Number; New. There shall not be more than one hundred and fifty-nine counties in this State, and no new county shall be created except by the consolidation or merger of exist ing counties.
Paragraph 3. Counties, Consolidation, Merger, Division, Dissolu tion; Method. The General Assembly shall have power, with the con currence of a majority of the qualified voters voting thereon in each of the counties affected to provide for the consolidation of two or more counties into one, or the merger of one or more counties into another, or the division of a county, and the merger of portions thereof into other counties; provided, however, upon the filing with the ordinary of any county of a petition signed by not less than twenty per centum of the duly qualified voters of such county, seeking such merger, consoli dation or division, it shall be the duty of such ordinary to transmit a certified copy of such petition to each ordinary of all other counties affected thereby, and it shall be the duty of the latter to provide for the publication of such petition, omitting therefrom the names affixed to such petition, in the newspaper in which the sheriffs' advertisements

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are published, once a week for a period of six consecutive weeks. If within a period of two years thereafter, a petition is presented to the ordinary or ordinaries of the other county or counties affected, express ing favor or approval of the original petition, signed by not less than twenty per centum of the registered voters of such other county or counties affected, it shall thereupon be the duty of the ordinaries of all such counties affected by such petition, to certify the fact of such petitions to the Governor, whose duty it shall then be to call immedi ately an election on the same day in each such county, to be held not later than sixty days, and not sooner than thirty days, after the filing of the last petition, publishing notice thereof once a week for two weeks in the newspaper in each county in which sheriff's advertisements are published. Provided, however, that only one such election affecting those counties or parts thereof shall be called by the Governor within any twelve month period and then only after the filing of new petitions. The ordinaries of each county shall conduct the election, canvass the returns, and certify the results thereof to the Governor, who shall issue his proclamation thereon, and in the event the results are in favor of such consolidation such results shall become effective at such time as may be prescribed by law, but not later than two years following the date of such election, as hereinafter referred to. Provided, however any election held pursuant to the call of the Governor hereunder shall be null and void unless fifty-one per centum of the registered voters of the portion or portions of the counties affected shall have voted in said election. The members of the General Assembly from all such coun ties shall serve out the remainder of their terms for which elected, and at the Session of the General Assembly next following such elec tion, the county site shall be designated by law, without regard to the provisions of Paragraph 5 hereof, and the General Assembly shall likewise provided by law for the effective date of such merger, consoli dation or division, as the case may be, subject to the above limitation of two years, and shall provide for the election of county officials, where required. The General Assembly shall have power to further im plement this Paragraph by law.

Paragraph 4. County Lines. With the exception of the procedure provided in Paragraph 3, county lines shall not be changed unless under the operation of a general law for that purpose.

Paragraph 5. County Sites Changed; Method. With the exception of the procedure provided in Paragraph 3, no county site shall be changed or removed except by a two-thirds vote of the qualified voters of the county voting at an election held for that purpose and by a majority vote of the General Assembly.
Paragraph 6. County Officers, Elections, Terms and Compensa tion. For the purposes of this Paragraph, county officers shall consist of the following: Clerk of the Superior Court, Ordinary, Sheriff, Tax Receiver, Tax Collector, Tax Commissioner, Treasurer, Coroner, and Surveyor. Such officers shall serve for terms of four years and shall be elected by the electors of their counties. Their qualifications, powers and duties, and the grounds and procedure for their removal from of fice shall be such as may be provided by general law. The General As sembly may abolish any county office other than the Ordinary by local act and transfer the powers and duties of such abolished office to

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another county office. In the event the office of Tax Receiver and the office of Tax Collector in any county have been consolidated into the office of Tax Commissioner, or in the event the office of Treasurer has been abolished in any county, such offices which were consolidated and such office which was abolished shall not be recreated by the pro visions of this Paragraph. County officers shall be compensated on the fee basis, the salary basis, or any combination thereof. Such com pensation may be provided by local act, and if so, the affected officer or officers shall not receive any fees, compensation or other emolu ments under the provisions of any general law unless specifically au thorized to do so in the local act. The General Assembly may at any time by general law abolish the fee system of compensation of any county officer in any one or more of the counties of this State, and no county officer shall be entitled to receive any benefits or compensation in conflict with such law.

Paragraph 7. County Commissioners. The General Assembly may create county commissioners in any county by local act. Each act shall provide the qualifications, compensation, powers and duties of said commissioners. County commissioners may be elected by the electors of the county or the electors of the districts represented in such manner as may be provided in the local act. County commissioners may not be given any powers or duties which are in conflict with the provisions of any general law, but county commissioners shall have the powers and duties provided in this Constitution.

Paragraph 8. Powers of County Government.

(a) In addition to such other powers and authority as may be conferred upon any county by this Constitution or by the General As sembly, counties are hereby authorized to exercise the following powers, which are hereby declared to be public purposes:

1. Pay the expenses of administration of the county government.

2. Acquire, construct, maintain, improve, or aid in the acquisition, construction, maintenance, or improvement of public buildings, bridges, parks, recreation areas and facilities, libraries, streets, sidewalks, roads, airports, docks, facilities for mass transit systems for the transporta tion of passengers for hire, and other properties for public use; and to acquire any real property or any interest therein in connection with
the foregoing.

3. Provide for the operation of courts, the maintenance and sup port of prisoners, and the handling of litigation affecting the county.

4. Establish and conduct public health programs and provide for the collection and preservation of records of vital statistics.

5. Establish and maintain a county police department.

6. Provide medical or other care and hospitalization for the indi gent sick and to support paupers.

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7. Pay county agricultural and home demonstration agents and conduct programs utilizing the services of such agents.

8. Establish and conduct programs of welfare benefits and public assistance as may be provided by law.

9. Provide fire protection for forest lands and ^conserve natural resources.

10. Provide insurance, retirement and pension benefits, coverage under Federal Old Age and Survivors' Insurance programs, hospitalization benefits, and workmen's compensation benefits for its officers and employees, their dependents and survivors, and for public school teach ers and personnel, their dependents and survivors; provided that all such payments for public school teachers and personnel shall be paid from education funds.

11. Establish and maintain a recreation system.

12. Purchase liability insurance to cover damages on account of bodily injury or death to any person or damage to property of any person arising by reason of ownership, maintenance, operation or use of any motor vehicle by such county, whether as a governmental under taking or not. In the event of purchasing such insurance, the govern mental immunity of the county shall be waived to the extent of the amount of such insurance coverage, and any verdict or judgment in excess of such insurance coverage against the county arising out of an action which would have otherwise been subject to governmental im munity shall be reduced to an amount equal to the insurance coverage thereon.

(b) The General Assembly may district the territory of any coun ty for the purpose of providing water, sewerage, garbage, electricity, gas and fire protection services to the residents of such district, and authorize such counties to levy a tax only upon the taxable property in such district for the purpose of constructing and maintaining such improvements, conditioned upon the assent of a majority of the quali fied voters of such proposed district voting in an election for that purpose held as provided by law.

(c) Any county is hereby authorized to exercise the power of emi nent domain for any public purpose.

Paragraph 9. Salary of County Employees; How Fixed. The gov erning authority of each county is authorized to fix the salary, com pensation and expenses of those employed by such governing authority and to establish and maintain retirement or pension systems, insurance, workmen's compensation, and hospitalization benefits for said employees.

Paragraph 10. County Planning and Zoning. The governing au thority of each county is empowered to enact for unincorporated areas of the county appropriate planning and zoning ordinances for public safety, historic, health, business, residential and recreational purposes.

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Such governing authority is hereby authorized to establish planning and zoning commissions in conjunction with any combination of other coun ties and municipalities. The General Assembly is hereby authorized to provide by law for such joint planning and zoning commissions and provide the powers and duties thereof. Such governing authority is hereby authorized to participate in the costs of such planning com mission.

Paragraph 11. County Manager Form of Government. The General Assembly may provide by general or local acts, without regard to uni formity, for the establishment of a county manager form of county government.

Paragraph 12. County Resolutions and Regulations.

(a) The governing authority of each county is hereby granted full power and authority, for the purpose of protecting and preserving the general health, safety and welfare of its inhabitants, to adopt resolu tions or regulations, not inconsistent with this Constitution and general statutory law, relating to the governing and policing of such county. The General Assembly shall provide by general law punishment for the violation of such resolutions and regulations. The grant of au thority contained in this Section shall not be deemed to limit or restrict the power of the General Assembly, except that the General Assembly shall not pass any local law which would have the effect of repealing, modifying or superseding any action taken by a county under authority of subparagraphs 1 and 2 of Paragraph 12 (b) of this Section without the assent of a majority of the qualified voters of such county voting in an election for that purpose held as prescribed by law.

(b) Any county is hereby authorized to amend the local acts creating or relating to its county governing authority by following either the procedure set forth in subparagraph 1 or 2 hereof.

1. Local acts creating or relating to a county governing authority may be amended or revised by resolutions duly adopted and concurred in at two regular consecutive meetings of the county governing author ity. Any such amendment or revision shall not be valid unless the same conforms to and is consistent with all other provisions of this Constitu tion and general statutory law. Notices containing a brief and concise synopsis of the proposed amendment or revision shall be published in the official county organ once a week for three weeks within sixty days prior to the final adoption of the resolution. The compensation, ex penses and allowances in the nature of compensation received by mem bers of the county governing authority may not be changed by said governing authority, nor otherwise decreased, during the term for which they are elected or appointed. The number of members of the county governing authority, their terms of office, and the districts from which they are elected, if any, may not be changed by said gov erning authority by the method and procedure contained in this subparagraph 1; nor shall any amendment or revision hereunder be valid, the effect of which would be either to change or repeal an amendment adopted pursuant to a referendum as provided in subparagraph 2 hereof or to change or repeal an amendment or revision enacted by the General

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Assembly and assented to by a majority of the qualified voters of such county voting in an election for that purpose held as prescribed by law, if adopted prior to the expiration of twelve months following the date of such referendum; nor shall any such laws be amended or revised in the manner authorized by this subparagraph 1 more fre quently than once every six months.

2. Amendments to or revisions of the various local acts creating or relating to a county governing authority may be initiated by petition
containing the signatures of at least twenty per centum of the quali fied voters of the county specifically setting forth the exact language of the proposed revision or amendment and duly filed with the clerk of superior court of the county and the county governing authority. Any such amendment or revision of said acts shall not be valid unless the same conforms to and is consistent with all other provisions of this Constitution and general statutory law. The governing authority of the county shall fix a date within ninety days on which a referendum shall be held for the purpose of submitting to the qualified voters of the county for their approval or rejection the proposed amendment or revision. The results of said referendum shall be determined by a ma
jority vote of the qualified voters voting in said referendum and said referendum shall be held in the same manner as is provided by law for elections for members of the General Assembly. Notices of the date of said referendum shall be published once a week for four weeks immediately preceding said referendum in the official organ of the county. Said notices shall contain a brief and concise synopsis of the proposed amendment or revision and shall state that a copy of the proposed amendment or revision is on file in the office of the clerk of the superior court of the county for the purpose of examination and inspection by the public. Said local acts may not be amended or revised more frequently than once each six months pursuant to the procedure set forth in this subparagraph 2.

SECTION 2
MUNICIPAL CORPORATIONS
Paragraph 1. Creation of Municipal Corporations by the General Assembly. No municipality shall be incorporated, dissolved, merged or consolidated with any other municipality except by local act of the General Assembly. Municipal boundaries shall not be changed except by local act of the General Assembly or by such methods as the Gen eral Assembly shall provide by law. Each incorporated municipality is hereby granted full power and authority to amend its charter as here inafter provided, and to pass ordinances, relating to its local affairs, property and government, and to provide for the general health, safety and welfare of its inhabitants. This grant of authority shall not be deemed to limit or restrict the power of the General Assembly, except the General Assembly shall not pass any local law which would have the effect of repealing, modifying or superseding any action amend ing or revising its charter taken by a municipal governing body under authority of this Section without the assent of a majority of the quali fied voters of such municipality voting in an election for that purpose held as prescribed by law.

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Paragraph 2. Salary of Municipal Employees; How Fixed. The governing authority of each incorporated municipality is authorized to fix the salary, compensation and expenses of the municipal officers and employees and to provide insurance, retirement and pension bene fits, coverage under Federal Old Age and Survivors' Insurance pro grams, hospitalization benefits, and workmen's compensation benefits, for its officers and employees, their dependents and survivors, and for public school teachers and personnel, their dependents and survivors, provided that all such payments for public school teachers and per sonnel shall be paid from education funds. Compensation, expenses and allowances in the nature of compensation received by members of the municipal governing authority may not be changed by said governing authority, nor otherwise decreased, during the term for which they are elected or appointed. The number of members of the municipal gov erning authority, their terms of office and the districts or wards from which they are elected may not be changed by said governing authority by the method and procedure contained in subparagraph 4 (a) of this Section.

Paragraph 3. Municipal Planning and Zoning. The governing au thority of each municipality is empowered to enact appropriate plan ning and zoning ordinances for public safety, historic, health, business, residential or recreational purposes. Such governing authority is hereby authorized to establish planning and zoning commissions in conjunc tion with any combination of other municipalities and counties. The General Assembly is hereby authorized to provide by law for such joint planning and zoning commissions and provide the powers and duties thereof. Such governing authority is hereby authorized to participate in the costs of such planning commission.

Paragraph 4. Procedures to Amend Charters of Municipal Cor porations. Any municipal corporation in this State is hereby authorized to amend and revise its charter, consistent with all other provisions of this Constitution, by following either the procedure set forth in subparagraph (a) or (b) hereof.

(a) Municipal charters may, from time to time, be amended or revised by an ordinance, after having been duly adopted and concurred in at two regular consecutive meetings of the municipal governing authority; provided, however, no amendment or revision hereunder shall be valid, the effect of which would be to change or repeal an amendment or revision adopted pursuant to a referendum as provided in subparagraph (b) hereof, or the effect of which would be to change or repeal an amendment or revision enacted by the General Assembly and assented to by a majority of the qualified voters of such munici pality voting in an election for that purpose held as prescribed by law, if adopted prior to the expiration of twelve months following the date of such referendum; nor shall any municipal corporation be authorized to amend or revise its charter in the manner authorized by this subparagraph (a) more frequently than once every six months. Any such amendment or revision shall not be valid unless the same conforms to and is consistent with all other provisions of this Constitution and general statutory law. Notices containing a brief and concise synopsis of the proposed amendment or revision shall be published in a news-

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paper of general circulation in the municipality or the official organ of the county of the legal situs of the municipality once a week for three weeks within sixty days prior to the final adoption of the ordi nance. Said notices shall state that a copy of the proposed amendment or revision is on file in the office of the recording officer or clerk of the municipal governing body for examination and inspection by the public.

(b) Revision of municipal charters and amendments thereto may be initiated by petition containing the signatures of at least twenty per centum of the qualified voters of the municipality specifically setting forth the exact language of the proposed amendment or revision and duly filed with the recording officer or clerk of the municipal govern ing body. Any such amendment or revision of the municipal charter shall not be valid unless" the same conforms to and is consistent with all other provisions of the Constitution and general statutory law. The municipal governing authority shall fix a date, within ninety days after the filing of the petition, on which a referendum shall be held for the purpose of submitting to the qualified voters of the municipality for their approval or rejection the proposed charter amendment or revision. The results of said referendum shall be determined by a majority vote of the qualified voters voting in said referendum, and said referendum shall be held in the same manner as is provided by law for elections for members of the General Assembly. Notices of the date of said referendum shall be published once a week for four weeks immediately preceding said referendum in a newspaper of general circulation within the mu nicipality or the official organ of the county of the legal situs of the municipality. Said notices shall contain a brief and concise synopsis of the proposed revision or amendment, and shall state that a copy of the proposed amendment or revision is on file in the office of the recording officer or clerk of the municipal governing body for exami nation and inspection by the public. In any event no charter of any municipal corporation may be amended or revised more frequently than once every six months pursuant to the method set forth in this subparagraph (b).

SECTION 3

SLUM CLEARANCE AND REDEVELOPMENT

Paragraph 1. Slum Clearance and Redevelopment. The General Assembly may provide by law that any county, municipal corporation or housing authority, or any combination thereof, may undertake and carry out slum clearance and redevelopment work, including the acquisi tion and clearance of areas which are predominantly slum or blighted areas, the preparation of such areas for re-use, and the sale or other disposition of such areas to private enterprise for private uses or to public bodies for public uses. Any such work shall constitute a govern mental function undertaken for public purposes, and the powers of taxation and eminent domain may be exercised and public funds ex pended in furtherance thereof. However, only general obligation bonds may be used as a method of financing such slum clearance and redevelop ment work.

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SECTION 4

GENERAL PROVISIONS APPLICABLE TO ALL LOCAL UNITS
Paragraph 1. Consolidation of Governments. The General Assem bly may provide for the consolidation of any or all of the governmental and corporate functions now or hereafter vested in municipal corpora tions with the governmental and corporate functions now or hereafter vested in the counties in which such municipal corporations are located; provided, such consolidation shall not become effective until submitted to the qualified voters residing within the municipal corporation and in the county outside thereof, and approved by a majority of those vot ing in the municipality and by a majority of those voting in the county outside the municipal corporation.

Paragraph 2. Piling and Publication of Laws. No amendment or revision of any local act made pursuant to Paragraph 12 of Section 1 of this Article or of any charter made pursuant to Paragraph 4 of Section 2 of this Article shall become effective until a copy of such amendment or revision, a copy of the required notice of publication, and an affidavit of a duly authorized representative of the newspaper in which such notice was published to the effect that said notice has been published as provided in said Paragraphs, has been filed with the Secretary of State. The Secretary of State shall provide for the publication and distribution of all such amendments and revisions at least annually.
ARTICLE 8

ELECTIVE FRANCHISE

SECTION 1
ELECTIONS
Paragraph 1. Elections by the People; Electors.
(a) In all elections by the people, the electors shall vote by secret ballot, which shall include the use of voting machines, except that the General Assembly may provide by law for assistance in voting for those electors physically incapable of voting by themselves.
(b) Every United States citizen who is a resident citizen of this State and is at least eighteen years of age, and who possesses the quali fications provided in this Paragraph and those qualifications provided by law pursuant to this Paragraph and is not laboring under any dis qualifications as may be provided by law pursuant to this Paragraph shall be an elector and entitled to register and vote in elections by the people.
(c) To entitle a person to register and vote at any election by the people, he shall have resided in the State at least one year immedi-

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ately preceding the election, and in the county in which he offers to vote at least six months immediately preceding the election.

(d) The General Assembly shall provide by law (1) the definition of residence for voting purposes and of terms used in this Paragraph (2) the designation of those crimes conviction of which will disqualify a person from becoming an elector, (3) reasonable requirements of literacy and education, (4) for registration of electors and for admin istration of elections, (5) for secrecy in voting, and (6) for the manner and place of voting.

(e) No person shall be eligible to register or to vote who is mentally incompetent.

(f) Every person fulfilling the requirements of an elector, or who fulfills such requirements excepting those respecting age and residence but who will fulfill such requirements by the date of the next general election, shall be entitled to register and vote in such election. No per son shall be allowed to register, however, who is not at least seventeen years of age at the time of registration, and no person shall be allowed to vote unless he is registered to do so in accordance with requirements of law.

Paragraph 2. Persons Disqualified to Hold Office. The General Assembly may provide that no person convicted of a crime, mentally incompetent, or the holder of public money illegally, shall be eligible to hold any office or appointment of honor or trust in this State.

ARTICLE 9 AMENDMENTS TO THE CONSTITUTION

SECTION 1
CONSTITUTION AMENDED, HOW
Paragraph 1. Proposals to Amend the Constitution. Revisions of or amendments to this Constitution may be proposed by the General Assembly, or by a constitutional convention as hereinafter provided. No amendments except those of a general nature having uniform opera tion throughout the State shall be proposed.
Paragraph 2. Proposal by General Assembly; Submission. A pro posal by the General Assembly to amend this Constitution shall origi nate as a resolution in either the House or Senate and if approved by two-thirds of the elected membership of each house in a roll call vote entered on their respective journals, the Governor shall cause the full text of such proposal to be published in one or more newspapers having general circulation in each congressional district in the State once each week for three consecutive weeks immediately preceding the day of the general election at which such proposal is to be submitted, and shall cause such proposal to be placed on the ballot for the next general

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election. The language to be used in submitting a proposed amendment shall be in such words as the General Assembly may provide in the resolution, or in failure thereof, in such language as the Governor may prescribe. If such proposal is approved by a majority of the electors qualified to vote for members of the General Assembly voting thereon in such general election, such proposal shall become a part of this Con stitution. Any amendment so approved shall take effect on the first day of January following the date of the vote thereon, unless the pro posal shall provide otherwise. When more than one proposal is to be submitted at the same election, such proposals shall be submitted so as to enable the electors to vote on each proposal separately.

Paragraph 3. Repeal or Amendment of Proposal. Any proposal by the General Assembly to amend the Constitution may be repealed by the same General Assembly at any time prior to submission for adoption by two-thirds of the elected membership of each house in a roll call vote entered on their respective journals. Any proposal may, in the same manner, be amended by the same General Assembly if done at least two months pricf to the date of the election at which such proposal is to be submitted to the people for adoption.

Paragraph 4. Constitutional Convention; How Called. No conven tion of the people shall be called by the General Assembly to revise, amend or change this Constitution, unless by the concurrence of twothirds of all members of each house of the General Assembly. The rep resentation in said convention shall be based on population as near as practicable. This Constitution shall not be revised, amended, or changed by the convention until the proposed revision, amendment, or change has been submitted and ratified by the people in the manner provided for submission and ratification of amendments proposed by the Gen eral Assembly.

ARTICLE 10 MISCELLANEOUS PROVISIONS

SECTION 1 MISCELLANEOUS PROVISIONS

Paragraph 1. Continuation of Existing Laws. Except as otherwise specifically provided herein, the officers of the State and all political subdivisions thereof, now existing, shall continue in the exercise of their several functions, and shall serve out the remainder of their unexpired terms and until their successors are duly elected or appointed and qualified; and all general, special and local laws now in force shall continue to operate, so far as consistent with this Constitution, until modified or repealed, or until they expire by their own terms.
Paragraph 2. Provisions of Prior Constitutions Continued as Statutory Law.
(a) Upon the effective date of this Constitution, amendments to the Constitution of 1877 continued in force by Article VII, Section X

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of the Constitution of 1945, amendments to the Constitution of 1945 adopted pursuant to the provisions contained in Article XIII, Section I, Paragraph I thereof which have required a vote of the people of the political subdivision or subdivisions directly affected thereby, amend ments to the Constitution of 1945 applicable to counties and cities hav ing a population in excess of a number stated in such amendments, amendments applicable to counties having a city wholly or partly therein with a population in excess of, or not less than, a number stated in such amendment, or amendments applicable to cities lying in two coun ties, where such amendments are in force and effect at the time of the ratification of this Constitution, shall continue in force and effect as statutory law and, if constitutional at the time the same became effec tive, the constitutionality of the same under this Constitution is hereby confirmed.

(b) Any provisions continued in force as statutory law as afore said may be amended or repealed by the General Assembly provided that no contract or other vested rights are adversely affected by any such amendment or repeal and provided further that: (1) if any such provision was originally ratified as a constitutional amendment directly affecting only particular localities in this State by name, population, or other description; any amendment thereto, or repeal thereof, shall not be effective as to a particular locality until ratified by the people of that locality in a referendum unless the General Assembly shall have enacted a statute of statewide application dealing with substantially the same subject matter and has provided therein for the repeal of all statutes having less than statewide application which it deems incon sistent therewith.

Paragraph 3. Special Provisions With Respect to Ports Authori ties. The creation of the Brunswick Ports Authority, the Savannah Dis trict Authority (formerly named Savannah Port Authority) and the Georgia Ports Authority and the grant of powers thereto by the Gen eral Assembly of Georgia, pursuant to statutes enacted prior to the ef fective date hereof, is hereby ratified and the constitutionality of such creation and the grant of said powers and the exercise thereof is hereby confirmed until changed by law. In order that ports authorities may be named in uniformity and recognized as such the name of the Sa vannah District Authority is hereby changed to Savannah Port Au thority, and all grants of powers given it in its name of Savannah District Authority are hereby confirmed.

Paragraph 4. Special Provisions With Respect to Local Constitu tional Amendments Adopted at the General Election in Which This Amendment is Adopted. All local constitutional amendments adopted under the procedure established in the Constitution of 1945 which are not required to be voted on by the people of the State as a whole, and which are ratified at the general election at which this constitutional amendment is ratified shall continue in force and effect as an amend ment to the Constitution of 1945 on the basis provided in Paragraph 2 above, and the provisions of Paragraph 2 shall apply thereto.

Paragraph 5. Effective Date. Except as otherwise provided in this Constitution, this Constitution shall become effective on April 1, 1965.

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Section 2. That when this amendment shall have been agreed to by two-thirds of the members elected to each of the two Houses of the General Assembly, the same shall be entered on their journals with the "ayes" and "nays" taken thereon and shall be published and sub mitted to the people for ratification or rejection as one single amend ment to the Constitution at the next General Election in November, 1964, as provided by law. Those voting in favor of the ratification of the amendment herein proposed shall have written or printed on their ballots the words "for the amendment revising the Constitution". Those voting against the ratification of the amendment herein proposed shall have written or printed on their ballots the words "against the amend ment revising the Constitution". If a majority of those voting vote for the amendment revising the Constitution when the results are certified to the Governor, he shall proclaim the amendment revising the Con stitution of 1945 as the revised Constitution of Georgia.

The following paragraph was read:
A RESOLUTION
Proposing (as one single amendment) to amend the Constitution of the State of Georgia of 1945 and all amendments thereof by strik ing in their entirety Article I (Bill of Rights), Article II (Elective Franchise), Article III (Legislative Department), Article IV (Public Utilities, Eminent Domain, Police Powers, Insurance Companies, Con tracts, etc.), Article V (Executive Department), Article VI (Judiciary), Article VII (Finance, Taxation and Public Debt), Article VIII (Educa tion), Article IX (Homesteads and Exemptions), Article X (Militia), Article XI (County and Municipal Corporations), Article XII (The Laws of General Operation in Force in This State), Article XIII (Amendments to the Constitution), Article XIV (Merit System), Arti cle XV (Home Rule), Article XVI (Slum Clearance and Redevelopment), and by inserting in lieu thereof, after the preamble of the Constitution of the State of Georgia of 1945, new Articles, as follows: Article 1 (Bill of Rights), Article 2 (Legislative Branch), Article 3 (Judiciary), Arti cle 4 (Executive Branch), Article 5 (Public Finance), Article 6 (Edu cation), Article 7 (Counties and Municipal Corporations--Home Rule-- Slum Clearance and Redevelopment), Article 8 (Elective Franchise), Article 9 (Amendments to the Constitution), Article 10 (Miscellaneous Provisions) ; to provide for the submission of this amendment, as one amendment, to the qualified voters of the State of Georgia for ratifi cation or rejection at the general election to be held in November, 1964.

Mr. Groover of Bibb offered the following amendment to the Committee substitute which was read and adopted:
Mr. Groover of Bibb moves to amend the caption as follows:
By inserting in the 4th line from the bottom of the first gram matical paragraph before the words "to provide" the words:

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'"to provide for an effective date;"'

The following paragraphs were read and adopted:

Whereas, the purpose of this single amendment is to coordinate the proposed substantial principles of organic law into one subject matter of the Constitution; it being impracticable otherwise than in one subject matter and one amendment to perfect the rearrangement sought; and to render unnecessary the evil consequences of a portion by portion adoption or rejection which would in case of adoption of some portions and rejection of others result in a Constitution lacking correlation.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OP GEOR GIA:
Section 1. That the Constitution of the State of Georgia of 1945 and all amendments thereof appearing after the preamble, be and it is hereby proposed to be amended as one single amendment by strik ing therefrom in their entirety Article I (Bill of Rights), Article II (Elective Franchise), Article III (Legislative Department), Article IV (Public Utilities, Eminent Domain, Police Powers, Insurance Companies, Contracts, etc.), Article V (Executive Department), Article VI (Ju diciary), Article VII (Finance, Taxation and Public Debt), Article VIII (Education), Article IX (Homesteads and Exemptions), Article X (Militia), Article XI (County and Municipal Corporations), Article XII (The Laws of General Operation in Force in This State), Article XIII (Amendments to the Constitution), Article XIV (Merit System), Article XV (Home Rule), Article XVI (Slum Clearance and Redevelop ment), and inserting in lieu thereof new Articles Numbers 1 through 10 inclusive, so that when so amended, the Constitution of the State of Georgia of 1945 shall read, beginning with the preamble, as follows:
PREAMBLE
To perpetuate the principles of free government, insure justice to all, preserve peace, promote the interest and happiness of the citizen, and transmit to posterity the enjoyment of liberty, we, the people of Georgia, relying upon the protection and guidance of Almighty God, do ordain and establish this Constitution.
ARTICLE 1
BILL OF RIGHTS
SECTION 1
RIGHTS OF THE CITIZEN
Paragraph 1. Origin and Foundation of Government. All govern ment, of right, originates with the people, is founded upon their will only, and is instituted solely for the good of the whole. Public officers are the trustees and servants of the people, and at all times, amenable to them.

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Paragraph 2. Protection the Duty of Government. Protection to person and property is the paramount duty of government, and shall be impartial and complete.
Paragraph 3. Life, Liberty, and Property. No person shall be deprived of life, liberty, or property, except by due process of law.
Paragraph 4. Right to the Courts. No person shall be deprived of the right to prosecute or defend his own cause in any of the courts of this State, in person, by attorney, or both.
Paragraph 5. Benefit of Counsel; Accusation; List of Witnesses; Compulsory Process; Trial by Jury. Every person charged with an offense against the laws of this State shall have the privilege and benefit of counsel; shall be furnished, on demand, with a copy of the accusation or indictment as the case may be, and a list of the wit nesses on whose testimony the charge against him is founded; shall have compulsory process to obtain the testimony of his own witnesses; shall be confronted with the witnesses testifying against him; and shall have a public and speedy trial by an impartial jury.

The following paragraph was read:
Paragraph 6. Crimination of Self not Compellable. No person shall be compelled to give evidence tending in any manner to criminate himself.

The following amendment to paragraph 6 was read:
Lee of Dougherty moves to amend Committee Substitute to HR 6-1 as follows:
By striking from Article 1, Section 1, Paragraph 6 the word "evidence", and inserting in lieu thereof the word "testimony", so that when so amended said Paragraph 6 shall read as follows:
"Paragraph 6. Crimination of Self not Compellable. No per son shall be compelled to give testimony tending in any manner to criminate himself."

On the motion to adopt the amendment to the Committee substitute the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Alien Anderson Andrews Ballard Barber Baughman

Beck Bedgood Black Blair Blalock, B. B. Blalock, E.

Bolton Bowen, A. Bowen, R. L. Bowen, R. W. Brackin Brantley

MONDAY, MAY 18, 1964

Brooks, Geo. B. Busbee Bynum Byrd Caldwell Clark, J. T. Coker, G., Dr. Coker, R. Conger Conner Davis Dean, N. Deen, H. D. Dennard DeVane Dixon Dorminy Duncan, A. C. Duncan, J. E. Eehols Flournoy Floyd Flynt
Fowler, A. A., Jr. Fulford Gibbons
Greene Groover
Hall Harrell Harrington Harris
Henderson Hurst Isenberg
Johnson, A. S., Dr. Johnson, B. Jones, D. C.
Jones, M.

Jordan, J. E. Jordan, W. H. Keadle Kelly Killian Kirkland Laite Lane Lee, W. J. (Bill) Lee, Wm. S. Leonard Lokey Lowrey Matthews, C. Matthews, D. R. McDonald McKemie Meeks Melton Milford Milhollin Mixon Moate Moore Morgan, H. Morgan, J. H. Nessmith
Newton, A. S. Overby Pafford
Paris
Parker
Partridge Payton
Ponsell
Poole Pope
Poss
Rainey

157
Raulerson Rhodes Richardson Roberts Rodgers, H. B. Rogers, Jimmie Roper Scarborough Shea Shuman Simmons Simpson Singer Smith, A. C., Jr. Smith, E. B., Jr. Smith, R. R. Smith, V. T. Spikes Steis Story Todd Tucker, J. B. Tucker, M. K. Tucker, Ray M. Twitty Underwood, J. C. Underwood, R. R. Vaughn
Walker Ware Warren Watts Wells, H. H.
White Wiggins Williams, G. J. Williams, W. M.
Wilson, Hoke

Those voting in the negative were Messrs.

Abney Bagby Bell Brooks, Wilson Brown Carr Clarke, H. G. Cullens Etheridge

Fleming Herndon Horton House Houston Jones, C. M. Keyton Knight, W. D. Lewis

McClelland Mitchell Murphy Rowland Russell Sinclair Tabb

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Those not voting were Messrs.:

Acree Arnsdorff Bowen, R. P. Branch Causby Chandler Dieus Fowler, J. W. Funk Griffin Hale Hill
Hull Jones, F. C. Knight, D. W.
Lambert

Lee, G. B. Lindsey Logan Mackay McCracken Mullis Newton, D. L. Odom Perry Peterson Phillips Pickard
Reaves Rutland Sewell
Smith, Chas. C.

Smith, G. L. II Snow Stalnaker Strickland Stuckey Teague Towson Watson Wells, D. W. Wilkes Wilson, J. M. Woodward
Hudgins Smith, G. T.

On the motion to adopt the amendment to paragraph 6 the ayes were 134, nays 25.
The amendment was adopted.

Paragraph 6 of Section 1 of Article 1 was adopted as amended.

The following paragraphs were read and adopted:
Paragraph 7. Banishment and Whipping as Punishment for Crime. Neither banishment beyond the limits of the State, nor whipping, as a punishment for crime, shall be allowed.
Paragraph 8. Jeopardy of Life or Liberty More Than Once For bidden. No person shall be put in jeopardy of life, or liberty, more than once for the same offense, save on his own motion for a new trial after conviction, or in case of mistrial.
Paragraph 9. Bail; Fines; Punishment; Arrest; Abuse of Prison ers. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted; nor shall any person be abused in being arrested, while under arrest, or in prison.
Paragraph 10. Costs in Criminal Cases. No person shall be com pelled to pay costs or suffer any lien against his property therefor, except after conviction and final adjudication on appeal, if any.
Paragraph 11. Habeas Corpus. The writ of habeas corpus shall not be suspended.
Paragraph 12. Freedom of Conscience. Every man has the natural and inalienable right to worship God according to the dictates of his

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own conscience. No person or authority shall in any way control or inter fere with such right, and no one shall be molested in person or property, or prohibited from holding any public office or trust on account of his religious opinions. However, this right shall not be construed to excuse acts of licentiousness or justify practices inconsistent with public peace and safety.

Paragraph 13. Liberty of Speech or the Press Guaranteed. No law shall ever be passed to curtail, or restrain the liberty of speech, or of the press; any person may speak, write and publish his sentiments, on all subjects, being responsible for the abuse of that liberty.

The following paragraph was read:
Paragraph 14. Searches, Seizures, and Warrants. The right of the people to be secure in their persons, houses, places of business, papers, and effects, against unreasonable searches and seizures, shall not be violated; and no warrant shall issue except upon probable cause, sup ported by oath, or affirmation, particularly describing the place, or places, to be searched, and the persons or things to be seized. Evidence obtained in violation of this Paragraph shall not be admissable in any Court against any person.

The following amendment to paragraph 14 was read:
Lee of Dougherty moves to amend Committee Substitute to HR 6-1 as follows:
By striking the last sentence of Article 1, Section I, Paragraph 14 which reads as follows:
"Evidence obtained in violation of this Paragraph shall not be admissable in any Court against any person.", in its entirety.

On the motion to adopt the amendment to paragraph 14 the roll call was ordered and the vote was follows:

Those voting in the affirmative were Messrs.:

Beck Blalock, D. B. Bolton Busbee Byrd Dennard Dorminy Duncan, J. E. Flournoy

Hill Kelly Laite Lee, Wm. S. Melton Milford Mixon Odom Pafford

Perry Pope Poss Smith, A. C., Jr. Walker White Wiggins Williams, W. M.

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Those voting in the negative were Messrs.:

Abney Acree Alien Anderson Andrews Arnsdorff Bagby Ballard Barber Baughman Bedgood Bell Black Bowen, R. W. Brantley Brooks, Wilson Brown Bynum Caldwell Carr Chandler Clark, J. T. Clarke, H. G. Coker, G., Dr. Coker, R. Conger Cullens Davis Dean, N. DeVane Dixon Duncan, A. C. Echols Fleming Floyd Flynt Fowler, A. A., Jr. Fulford Gibbons Greene Griffin Hale Hall Harrell Harrington

Harris Henderson
Herndon Horton House Houston Hull Hurst Isenberg Johnson, A. S., Dr. Johnson, B. Jones, C. M. Jones, D. C. Jones, M. Jordan, J. E. Jordan, W. H. Keadle Killian Kirkland Knight, W. D. Lambert Lee, W. J. (Bill) Leonard Lewis Logan Lokey Lowrey Mackay Matthews, C. McClelland McDonald Milhollin Mitchell Moate Morgan, H. Morgan, J. H. Murphy Nessmith Newton, A. S. Overby Paris Parker Partridge Payton Peterson

Pickard Ponsell
Poole Rainey Raulerson Richardson Roberts Rodgers, H. B. Rogers, Jimmie Rowland Russell Scarborough Shea Shuman Simmons Simpson Sinclair Singer Smith, E. B., Jr. Smith, G. L. II Smith, R. R. Smith, V. T. Snow Spikes Steis Story Strickland Tabb Teague Tucker, J. B. Tucker, M. K. Tucker, Ray M. Twitty Underwood, R. R. Vaughn Ware Warren Watson Wells, H. H. Williams, G. J. Wilson, Hoke Wilson, J. M. Woodward

Those not voting were Messrs.:

Blair Blalock, E. Bowen, A. Bowen, R. L.

Bowen, R. P. Brackin Branch Brooks, Geo. B.

Causby Conner Deen, H. D. Dicus

Etheridge Fowler, J. W. Punk Groover Jones, F. C. Keyton Knight, D. W. Lane Lee, G. B. Lindsey Matthews, D. R. McCracken

MONDAY, MAY 18, 1964
McKemie Meeks Moore Mullis Newton, D. L. Phillips Reaves Rhodes Roper Rutland Sewell Smith, Chas. C.

161
Stalnaker Stuckey Todd Towson Underwood, J. C. Watts Wells, D. W. Wilkes Hudgins Smith, G. T.

On the adoption of the amendment to paragraph 14, the ayes were 26, nays 133. The amendment was lost.

On the adoption of paragraph 14, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Acree Alien Anderson Andrews Arnsdorff Bagby Ballard Barber Baughman Beck Bedgood Bell Black Blalock, D. B. Bolton Bowen, R. L. Bowen, R. W. Bowen, R. P. Brantley Brooks, Wilson Brown Busbee Bynum Byrd Caldwell Carr Chandler Clark, J. T. Clarke, H. G. Coker, G., Dr.

Coker, R. Conger Cullens Davis Dean, N. DeVane Dixon Dorminy Duncan, A. C. Duncan, J. E Echols Etheridge Fleming Flournoy Floyd Flynt Fowler, A. A. Jr. Gibbons Greene Griffin Groover Hall Harrell Harrington Harris Henderson Herndon Hill Horton House Houston

Hull Hurst Isenberg Johnson, A. S. Dr. Johnson, B. Jones, C. M. Jones, D. C. Jones, M. Jordan, J. E. Jordan, W. H. Keadle Kelly Killian Kirkland Knight, W. D. Lambert Lee, W. J. (Bill) Leonard Lewis Logan Lokey Lowrey Mackay Matthews, C. McClelland McDonald McKemie Meeks Melton Milhollin Mitchell

162
Moate Morgan, H. Morgan, J. H. Murphy Newton, A. S. Overby Pafford Paris Parker Partridge Pay ton Perry Peterson Pickard Ponsell Poole Poss Rainey Raulerson Richardson Roberts

JOURNAL OF THE HOUSE,

Rodgers, H. B. Rogers, Jimmie Rowland Russell Scarborough Shea Shuman Simmons Simpson Sinclair Singer Smith, A. C., Jr. Smith, E. B., Jr. Smith, G. L. II Smith, R. R. Smith, V. T. Snow Spikes Steis Story Strickland

Tabb Teague Tucker, J. B. Tucker, M. K. Tucker, Ray M. Twitty Underwood, R. R. Vaughn Ware Warren Watson Watts Wells, H. H. White Wiggins Williams, G. J. Williams, W. M. Wilson, Hoke Wilson, J. M. Woodward

Those voting in the negative were Messrs.:

Dennard Lee, Wm. S. Mixon

Nessmith Odom Pope

Walker

Those not voting were Messrs.:

Blair Blalock, E. Bowen, A. Brackin Branch Brooks, Geo. B. Causby Conner Deen, H. D. Dicus Fowler, J. W. Fulford Funk Hale Jones, F. C.

Keyton Knight, D. W. Laite Lane Lee, C. B. Lindsey Matthews, D. R. McCracken Milford Moore Mullis Newton, D. L. Phillips Reaves

Rhodes Roper Rutland Sewell Smith, Chas. C. Stalnaker Stuckey Todd Towson Underwood, J. C. Wells, D. W. Wilkes Hudgins Smith, G. T.

On the adoption of paragraph 14, the ayes were 155, nays 7.

Paragraph 14 was adopted.

MONDAY, MAY 18, 1964

163

The following paragraphs were read and adopted:

Paragraph 15. Slavery and Involuntary Servitude. There shall be within the State of Georgia neither slavery nor involuntary servitude, save as a punishment for crime after legal conviction thereof.

Paragraph 16. Status of the Citizen. The social status of the citi zen shall never be the subject of legislation.

Paragraph 17. Civil Authority Superior to Military. The civil au thority shall be superior to the military. In time of peace, no member of the armed or defense forces shall be quartered in any house, without the consent of the owner, nor in time of war, except by the civil mag istrate, in such manner as may be provided by law.

Paragraph 18. Contempts. The power of the Courts to punish for contempt shall be limited by legislative acts.

Paragraph 19. Imprisonment for Debt. There shall be no imprison ment for debt.

Paragraph 20. Arms, Right to Keep and Bear. The right of the people to keep and bear arms, shall not be infringed, but the General Assembly shall have power to prescribe the manner in which arms may be borne.

Paragraph 21. Legislative, Judicial, and Executive Powers, Sepa rate. The legislative, judicial and executive powers shall forever remain separate and distinct, and no person discharging the duties of one shall, at the same time, exercise the functions of either of the others, except as otherwise provided in this Constitution.

Paragraph 22. Right to Assemble and Petition. The people have the right to assemble peaceably for their common good and to apply to those vested with the powers of government for redress of grievances by pe tition or remonstrance.

Paragraph 23. Citizens, Protection of. All citizens of the United States, resident in this State, are hereby declared citizens of this State, and it shall be the duty of the General Assembly to enact such laws as will protect them in the full enjoyment of the rights, privileges and immunities due to such citizenship.

SECTION 2

CERTAIN OFFENSES DEFINED

Paragraph 1. Libel, Jury in Criminal Cases; New Trials. In all prosecutions or indictments for libel the truth may be given in evidence as a defense. The jury in all criminal cases shall be the judges of the law and the facts. The power of the judges to grant new trials, in case of conviction, is preserved.

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Paragraph 2. Treason. Treason against the State of Georgia shall consist in levying war against her; adhering to her enemies; giving them aid and comfort. No person shall be convicted of treason, except on the testimony of two witnesses to the same overt act, or confession in open court.

Paragraph 3. Effect of Conviction. No conviction shall cause the forfeiture of the estate of the convicted person, nor prejudice in any way the rights of his heirs.

Paragraph 4. Lotteries. All lotteries, and the sale of lottery tick ets, are hereby prohibited; and this prohibition shall bs enforced by penal laws.

Paragraph 5. Fraud; Concealment of Property. The General As sembly shall have the power to provide for the punishment of fraud; and, shall provide by law, for reaching property of the debtor concealed from the creditor.

The following paragraph was read:
SECTION 3
PROTECTION TO PERSONS AND PROPERTY
Paragraph 1. Private Ways; Just Compensation. In case of neces sity, private ways may be granted upon just compensation being first paid by the applicant. Private property shall not be taken, or damaged, for public purposes, without just and adequate compensation being first paid, except that when private property is taken or damaged for public road and street purposes by the State and the counties and the muni cipalities of the State, just and adequate compensation therefor need not be paid until the same has been finally fixed and determined as provided by law, but such just and adequate compensation, as estimated from the sworn affidavit of condemnor's appraiser, shall then be paid in preference to all other obligations except bonded indebtedness. The General Assembly shall by law require the condemnor to make prepay ment against adequate compensation as a condition precedent to the exercise of the right of eminent domain and provide for the disburse ment of the same to the end that the rights and equities of the prop erty owners, others holding an interest in the property, lien holders and the State and its subdivisions may be protected.

The following amendment to the Committee substitute was read:
Tucker of Catoosa moves to amend Committee Substitute to H.R. 6-1 by amending Article I, Section 3, Paragraph I as follows:
By striking after the words "adequate compensation being first paid" the following language,

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165

"Except that when private property is taken or damaged for public road and street purposes by the State and the Counties and the munici palities of the State, just and adequate compensation therefor need not be paid until the same has been finally fixed and determined as pro vided by law, but such just and adequate compensation as estimated from the sworn affidavit of condemnor's appraiser, shall then be paid in preference to all other obligations except bonded indebtedness".

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

Those voting in the affirmative were Messrs.

Bedgood Brantley Bynum Clark, J. T. Cullens Da vis Dean, N. Dixon Fleming Flynt Harris

Johnson, B. Jones, M. Kirkland Laite Lee, G. B. Matthews, C. Matthews, D. R. Milhollin Murphy Nessmith Odom

Those voting in the negative were Messrs.:

Acree Alien Arnsdorff Bagby Ballard Barber Baughman Beck Bell Black Blair Blalock, D. B. Bolton Bowen, A. Bowen, R. L. Bowen, R. W. Branch Brooks, Wilson Brown Busbee Byrd Caldwell Carr Chandler Clarke, H. G.

Coker, G., Dr. Coker, R. Conger Conner Deen, H. D. Dennard Dorminy Duncan, A. C. Duncan, J. E. Etheridge Flournoy Floyd Fowler, A. A. Jr. Fulford Gibbons Greene Griffin Groover Hale Hall Harrell Harrington Henderson Herndon Hill

Paris Roberts Roper Scarborough Shuman Smith, R. R. Tucker, J. B. Williams, G. J. Wilson, Hoke
Horton House Houston Hull Hurst Isenberg Johnson, A. S. Dr. Jordan, J. E. Jordan, W. H. Keadle Kelly Keyton Killian Knight, W. D. Lambert Lee, W. J. (Bill) Lee, Win. S. Leonard Lewis Lokey Lowrey McClelland McDonald McKemie Meeks

166
Melton Milford Mixon Moate Morgan, H. Morgan, J. H. Newton, A. S. Newton, D. L. Overby Pafford Partridge Payton Perry Peterson Ponsell Poole

JOURNAL OF THE HOUSE,

Pope Poss Rhodes Richardson Rogers, Jimmie Rowland Russell Shea Simmons Sinclair Singer Smith, A. C., Jr. Smith, E. B., Jr. Spikes Stalnaker Steis

Story Strickland
Tabh Tucker, Ray M. Twitty Underwood, J. C. Vaughn Walker
Ware Watts Wells, H. H. White Wiggins Williams, W. M. Woodward Hudgins

Those not voting were Messrs.:

Abney Anderson Andrews Blalock, E. Bowen, R. P. Brackin Brooks, Geo. 0.
Causby DeVane Dicus
Echols Fowler, J. W. Funk Jones, C. M. Jones, D. C. Jones, P. C. Knight^ D. W.

Lane Lindsey
Logan Mackay McCracken Mitchell Moore Mullis Parker Phillips Pickard
Rainey Raulerson
Reaves Rodgers, H. B. Rutland Sewell

Simpson Smith, Chas. C. Smith, G. L. II Smith, V. T.
Snow Stuckey Teague Todd Towson Tucker, M. K.
Underwood, R. R. Warren Watson Wells, D. W. Wilkes Wilson, J. M. Smith, G. T.

On the adoption of the amendment, the ayes were 31, nays 123. The amendment was lost.

The following amendment to paragraph 1 was read:
Mr. Bolton of Spalding moves to amend Article 1, Section 3, Paragraph 1, as follows:
By striking said Paragraph in its entirety and inserting in lieu thereof a new Paragraph 1 to read as follows:

MONDAY, MAY 18, 1964

167

"Paragraph 1. Private Ways; Just Compensation. In case of ne cessity, private ways may be granted upon just compensation being first paid by the applicant. Private property shall not be taken, or damaged, for public purposes, without just and adequate compensation being first paid; except that when private property is taken or dam aged for public road and street purposes by the State and the counties and the municipalities of the State, just and adequate compensation therefor need not be paid until the same has been finally fixed and determined as provided by law, but such just and adequate compensa tion shall then be paid in preference to all other obligations except bonded indebtedness, in which such cases the General Assembly shall by law require such condemnor to make prepayment against adequate compensation as estimated from the sworn affidavit of condemnor's appraiser as a condition precedent to the exercise of the right of emi nent domain and provide for the disbursement of the same to the end that the rights and equities of the property owner, others holding an interest in the property, lien holders and the State and its subdivisions may be protected.

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 Acree Alien Andrews Arnsdorff Bagby Barber Baughman Beck Bedgood Bell Black Blair Blalock, D. B. Bolton Bowen, A. Bowen, R. L. Bowen, R. W. Bowen, R. P. Branch Brooks, Geo. B. Brooks, Wilson Brown Busbee Bynum Byrd Caldwell Carr

Chandler Clarke, H. G. Coker, G., Dr. Coker, R. Conger Conner Davis Dean, N. Deen, H. D. Dennard Devane Dixon Dorminy Duncan, A. C. Duncan, J. E. Etheridge Plournoy Ployd Plynt Fowler, A. A. Jr. Fulford Gibbons Greene Griffin Groover Hale Hall Harrell

Harrington Henderson Herndon Hill Horton House Houston Hull Hurst Isenberg Johnson, A. S. Dr. Johnson, B. Jones, M. Jordan, J. E. Jordan, W. H. Keadle Kelly Keyton Killian Kirkland Knight, W, D. Lambert Lee, G. B. Lee, W. J. (Bill) Lee, Wm. S. Leonard Lewis Lokey

168
Lowrey Matthews, C. . Matthews, D. R. McClelland McDonald McKenmie Meeks Melton Milford Milhollin Mitchell Mixon Moate Morgan, H. Morgan, J. H. Newton, A. S. Newton, D. L. Overby Pafford Paris Parker Partridge Payton

JOURNAL OF THE HOUSE,

Perry Peterson Poole Pope Poss Rhodes Richardson Roberts Rogers, Jimmie Roper Rowland Russell Scarborough
Shea Shuman Simmons Sinclair Singer Smith, A. C., Jr. Smith, E. B., Jr.
Smith, V. T. Snow Spikes

Stalnaker
Steis Story Strickland
Tabb Todd Tucker, J. B. Tucker, Ray M.
Twitty Underwood, J. C.
Vaughn Walker
Ware Watts Wells, H. H. White
Wiggins Williams, G. J. Williams, W. M. Woodward Hudgins

Those voting in the negative were Messrs.:

Cullens Laite

Murphy Odom

Smith, R. R. Underwood, R. R.

Those not voting were Messrs.:

Anderson Ballard Blalock, E. Brackin Brantley Causby Clark, J. T. Dicus Echols Fleming Fowler, J. W. Funk Harris Jones, C. M. Jones, D. C. Jones, F. C.

Knight, D. W.
Lane Lindsey Logan Mackay McCracken
Moore Mullis Nessmith
Phillips Pickard Ponsell
Rainey Raulerson Reaves Rodgers, H. B.

Rutland Sewell Simpson Smith, Chas. C. Smith, G. L. II
Stuckey Teague Towson Tucker, M. K.
Warren Watson Wells, D. W. Wilkes Wilson, Hoke Wilson, J. M.
Smith, G. T.

On the adoption of the amendment to paragraph 1, the ayes were 151, nays 6.

The amendment was adopted.

MONDAY, MAY 18, 1964

169

The following paragraphs were read and adopted:

Paragraph 2. Bills of Attainder; Ex Post Facto and Retroactive Laws; Laws Impairing Obligation of Contracts. No bill of attainder, ex post facto law, retroactive law, or law impairing the obligation of contracts, or making irrevocable grant of special privileges or immuni ties, shall be passed.

Paragraph 3. Wife's Separate Estate. All property of the wife at the time of her marriage, all property given to her, all property in herited by her, and all property acquired by her shall remain her sepa rate property and shall not be liable for the debts of her husband.

Mr. Bolton of Spalding moved that this House do now adjourn until 10:00 o'clock a.m. tomorrow morning and the motion prevailed.

The Speaker announced the House adjourned until 10:00 o'clock a.m. tomor row morning and HR 6-1 was carried over as unfinished business.

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Representative Hall, Atlanta, Georgia

Tuesday, May 19, 1964

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

Prayer was offered by Rev. C. Lee Wilson, Pastor, Monticello Presbyterian Church, Monticello, Ga.

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

Abney Acree Alien Andrews Arnsdorff Ballard Barber Baughman Beck Bedgood Bell Black Blair Blalock, D. B. Blalock, E. Bolton Bowen, A. Bowen, R. L. Bowen, R. W. Bowen, R. P. Brackin Branch Brantley Brooks, Geo. B. Brooks, Wilson Busbee Bynum Byrd Caldwell Carr Causby Chandler Clark, J. T. Clarke, H. G. Coker, G., Dr. Coker, R. Conger Conner

Cullens Davis Dean, N. Deen, H. D. Dennard DeVane Dorminy Duncan, A. C. Duncan, J. E. Echols Etheridge Fleming Flournoy Floyd Flynt Fowler, A. A., Jr. Fowler, J. W. Fulford Funk Gibbons Greene Griffin Groover Hale Hall Harrell Harrington Harris Henderson Herndon Hill Horton House Houston Hull Hurst Isenberg Johnson, A. S. Dr.

Johnson, B. Jones, C. M. Jones, D. C. Jones, F. C. Jones, M. Jordan, J. E. Jordan, W. H. Keadle Kelly Keyton Killian Kirkland Knight, W. D. Laite Lambert Lane Lee, G. B. Lee, W. J. (Bill) Lee, Wm. S. Leonard
Lewis Logan Lokey Lowrey Mackay Matthews, C. Matthews, D. R. McClelland McCracken McDonald McKemie Meeks Melton Milford Milhollin Mitchell Mixon Moate

Moore Morgan, H. Morgan, J. H. Murphy Nessmith Newton, A. S. Overby Paris Parker Partridge Payton Perry Peterson Phillips Pickard Ponsell Poole Pope Poss Rainey Raulerson Reaves Rhodes Richardson

TUESDAY, MAY 19, 1964
Roberts Rodgers, H. B. Rogers, Jimmie Roper Rowland Russell Sewell Shea Shuman Simmons Simpson Sinclair Singer Smith, A. C., Jr. Smith, Chas. C. Smith, E. B. Jr. Smith, G. L. II Smith, R. R. Smith, V. T. Snow Spikes Stalnaker Steis Story

171
Strickland Stuckey Tabb Teague Todd Tucker, J. B. Tucker, Ray M. Twitty Underwood, J. C. Underwood, R. R. Vaughn Walker Ware Warren Watts Wells, D. W. Wells, H. H. White Wiggins Williams, G. J. Williams, W. M. Wilson, Hoke Wilson, J. M. Woodward

By unanimous consent the call of the roll was dispensed with.

Mr. Clarke of Monroe, 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.

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

The Journal was confirmed.

By unanimous consent, the following was established as the order of busi ness during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. 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.

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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 Resolutions of the House were read the first time and referred to the Committees:

HB 36. By Mr. Been of Bacon:
A Bill to be entitled an Act to abolish the present method of com pensating the sheriff of Bacon County, known as the fee system, and to provide in lieu thereof an annual salary for the sheriff; and for other purposes.
Referred to the Committee on Local Affairs.

HR 32-36. By Messrs. Griffin and Conger of Decatur:
A Resolution proposing an amendment to the Constitution so as to provide for the creation of the Bainbridge-Decatur County Beverage Control Board; and for other purposes.
Referred to the Committee on Local Affairs.

HR 37. By Messrs. Griffin and Conger of Decatur:
A Bill to be entitled an Act to amend Code Section 24-2501, which enumerates the judicial circuits of this State and the counties compris ing each circuit, so as to change the name of the Albany Judicial Circuit to the Bainbridge Judical Circuit; and for other purposes.
Referred to the Committee on Judiciary.

HB 38. By Mr. Vaughn of Rockdale:
A Bill to be entitled an Act to amend an Act creating the office of Tax Commissioner, so as to change the compensation of the Tax Commissioner and the compensation of his clerical help; and for other purposes.
Referred to the Committee on Local Affairs.

HB 39. By Mr. Vaughn of Rockdale:
A Bill to be entitled an Act to abolish the present mode of compensating the sheriff of Rockdale County, known as the fee system; to provide for an annual salary; and for other purposes.
Referred to the Committee on Local Affairs.

HB 40. By Mr. Vaughn of Rockdale:
A Bill to be entitled an Act to place the Ordinary of Rockdale County upon an annual salary in lieu of the fee system of compensation; and

TUESDAY, MAY 19, 1964

173

for other purposes. Referred to the Committee on Local Affairs.

HB 41. By Mr. Vaughn of Rockdale:
A Bill to be entitled an Act to amend an Act to amend an Act creating the office of Commissioner of Roads and Revenues of Rockdale County, so as to change the compensation and allowances of the Commissioner; and for other purposes.
Referred to the Committee on Local Affairs.

HR 33-41. By Mr. Vaughn of Rockdale:
A Resolution proposing an amendment to the Constitution so as to add two additional members to the Board of Education of Rockdale County; to provide for their election and terms of office; and for other purposes.
Referred to the Committee on Local Affairs.

HB 42. By Mr. Bowen of Toombs:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Vidalia, in the County of Toombs, so as to change the corporate limits of said City of Vidalia; and for other purposes.
Referred to the Committee on Local Affairs.

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

HR 27-34. By Mr. Mixon of Irwin:
A Resolution proposing an amendment to the Constitution so as to create the Ocilla-Irwin County Industrial Development Authority; and for other purposes.

HR 28-34. By Mr. Rodgers of Charlton:
A Resolution proposing an amendment to the Constitution so as to create the Charlton County Development Authority; and for other purposes.

HB 35. By Mr. Milford of Franklin:
A Bill to be entitled an Act to incorporate and to grant a new charter to the City of Lavonia; and for other purposes.

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Mr. Busbee of Dougherty County, Chairman of the Committee on Judiciary submitted the following report:

Mr. Speaker:--

Your Committee on Judiciary has had under consideration the following Bills of the Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
SB 4. Do Pass.
SB 5. Do Pass. Respectively submitted,
Busbee of Dougherty
Chairman.

Mr. Hale of Dade County, Chairman of the Committee on Local Affairs, submitted the following report:
Mr. Speaker:--
Your Committee on Local Affairs, has had under consideration the following Bills and Resolutions of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:

HB 20-21-22-23-24- and 25. Do Pass. HR 20-22. Do Pass.
Respectively submitted, Hale of Dade, Chairman.

The following Resolution of the House was read and adopted.
HR 35. By Messrs. Etheridge, McClelland and Brooks of Fulton:
A RESOLUTION
WHEREAS, since 1959, Benjamin Rains has been assigned by the City of Atlanta Police Department as an aide to Fulton County Delega tion and to the General Assembly, and
WHEREAS, during this period the said Benjamin Rains has per formed his various duties on behalf of the City of Atlanta, the Fulton

TUESDAY, MAY 19, 1964

175

County Delegation and the members of the General Assembly with diligence and with much ability, demonstrating tact, and a deep knowl edge of the proper functions of a professional police officer; and

WHEREAS, Benjamin Rains has performed many services and extended many courtesies to the individual members of this House, and been of great assistance to them while they are in this City; and

WHEREAS, this House has learned with pleasure and gratification of the promotion of Benjamin Rains from Sergeant to Lientenant in the Atlanta Police Department,

NOW, THEREFORE, this Body does hereby extend its heartiest congratulations to Lieutenant Rains, and to the City of Atlanta Police Department and wish for Lieutenant Rains continued success and happi ness in his police career.

BE IT FURTHER RESOLVED that the Clerk shall be instructed to mail a properly inscribed copy of this Resolution to the Mayor and Chief of Police of Atlanta and to Lieutenant Rains.

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

HB 20. By Mr. Roberts of Jones:
A Bill to be entitled an Act to abolish the present method of com pensating the sheriff of Jones County, known as the fee system, and to provide in lieu thereof an annual salary for the sheriff, and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 120, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 21. By Mr. Bowen of Dooly:
A Bill to be entitled an Act to amend an Act, creating a charter for the city of Unadilla, Ga., so as to empower governing authorities of Mayor and Council of Unadilla, and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

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On the passage of the Bill, the ayes were 120, nays 0.

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

HB 22. By Mr. Bowen of Dooly: A Bill to be entitled an Act to amend an Act found in Ga. L. 1920, so as to extend the corporate limits of City of Unadilla, and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 120, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 23. By Mr. Byrd of Walton:
A Bill to be entitled an Act to abolish the present mode of compensating the Sheriff of Walton County, to provide in lieu thereof an annual salary, and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 120, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 24. By Mr. Knight of Berrien:
A Bill to be entitled an Act to amend an Act creating the Board of Commissioners of Roads and Revenues for Berrien County, so as to change the compensation of said Board of Commissioners, and for other purposes.

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

TUESDAY, MAY 19, 1964

177

On the passage of the Bill, the ayes were 120, nays 0.

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

HB 25. By Messrs. Flournoy, Teague and Wilson of Cobb:
A Bill to be entitled an Act to amend, consolidate and supersede an Act incorporating the town of Elizabeth, and for other purposes.

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

On the passage of the Bill, the ayes were 120, nays 0.

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

HR 20-22. By Messrs. Wilson, Flournoy, and Teague of Cobb:
A RESOLUTION
Proposing an amendment to the Constitution so as to prohibit the incorporation of any territory within the limits of Cobb County by any municipality, the major portion of which is located outside the terri torial limits of Cobb County, without the approval of the voters of Cobb County; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1
Section I of Article XI of the Constitution is hereby amended by adding at the end thereof the following paragraph:
"No territory located within the boundaries of Cobb County shall be incorporated within the limits of any municipality, the major portion of which is located outside the territorial limits of Cobb County, without the approval of a majority of the qualified voters of Cobb County voting in an election held on that question."
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

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branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such pro posed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I, of the Constitution of Georgia of 1945, as amended.

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

"For ratification of amendment to the Constitution so as to prohibit the incorporation of any territory within the limits of Cobb County by any municipality, the major portion of which is located outside the territorial limits of Cobb County, without the approval of the voters of Cobb County.

"Against ratification of amendment to the Constitution so as to prohibit the incorporation of any territory within the limits of Cobb County by any municipality, the major portion of which is located outside the territorial limits of Cobb County, without the approval of the voters of Cobb County."

All persons desiring to vote in favor of adopting the proposed amend ment shall vote for ratification of the amendment, and all persons desir ing to vote against the adoption of the proposed amendment shall vote against ratification.

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

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

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

Those voting in the affirmative were Messrs.:

Abney Acree Alien Arnsdorff Barber Baughman Beck Bedgood

Bell Black Blalock, D. B. Blalock, E. Bolton Bowen, A. Bowen, R. W. Branch

Brooks, Geo. B. Brooks, Wilson Busbee Byrd Carr Chandler Coker, G., Dr. Conger

Conner Davis Dean, N. Deen, H. D. Dennard DeVane Dicus Dixon Dorminy Duncan, A. C. Etheridge Fleming Flournoy Floyd Flynt Fowler, A. A., Jr. Fowler, J. W. Fulford Funk Gibbons Griffin Groover Hale Hall Harrington Harris Henderson Herndon House Houston Hull Hurst Isenberg Johnson, A. S., Dr. Jones, C. M. Jones, D. C. Jones, M. Jordan, J. E. Keadle Kelly Keyton

TUESDAY, MAY 19, 1964
Killian Kirkland Knight, D. W. Knight, W. D. Laite Lambert Lee, G. B. Lee, W. J. (Bill) Lee, Wm. S. Lewis Lokey Lowery Mackay Matthews, C. Matthews, D. R. McClelland McKemie Meeks Melton Milford Milhollin Mitchell Mixon Moore Mullis Nessmith Newton, A. S. Odom Overby Paris Parker Partridge Perry Peterson Pickard Ponsell Poole Pope Poss Rainey Raulerson

179
Richardson Roberts Rodgers, H. B. Rogers, Jimmie Roper Rowland Russell Sewell Shea Shuman Simmons Sinclair Singer Smith, Chas. C. Smith, E. B., Jr. Smith, R. R. Snow Spikes Stalnaker Steis Strickland Tabb Teague Towson Tucker, Ray M. Twitty Vaughn Walker Ware Warren Watson Watts Wells, D. W. White Williams, G. J. Williams, W. M. Wilson, Hoke Wilson, J. M. Woodward

Those not voting were Messrs.:

Anderson Andrews Bagby Ballard Blair Bowen, R. L. Bowen, R. P. Brackin Brantley Brown

Bynum Caldwell Causby Clark, J. T. Clarke, H. G. Coker, R. Cullens Duncan, J. E. Echols Greene

Harrell Hill Horton Johnson, B. Jones, F. C. Jordan, W. H. Lane Leonard
Lindsey Logan

180
McCracken McDonald Moate Morgan, H. Morgan, J. H. Murphy Newton, D. L. Pafford Payton Phillips

JOURNAL OF THE HOUSE,

Reaves Rhodes Rutland Scarborough Simpson Smith, A. C., Jr. Smith, G. L. II Smith, V. T. Story Stuckey

Todd Tucker, J. B. Tucker, M. K. Underwood, J. C. Underwood, R. R. Wells, H. H. Wiggins Wilkes Hudgins Smith, G. T.

On the adoption of the Resolution, the ayes were 145, nays 0.

The Resolution, having received the requisite two-thirds constitutional major ity, was adopted.

Under the Special and continuing order of unfinished business, HR 6-1 was again taken up for consideration:

The following paragraphs were read and adopted:
SECTION 4
Paragraph 1. General Laws; Uniform Operation; How Varied. Laws of a general nature shall have uniform operation throughout the State, and no local or special law shall be enacted in any case for which pro vision has been made by an existing general law. No general law affect ing private rights shall be varied in any particular case by special legis lation, except with the free consent, in writing, of all persons to be af fected thereby; and no person under legal disability to contract, is capable of such consent.
Paragraph 2. What Acts Void. Legislative acts in violation of this Constitution, or the Constitution of the United States, are void and the judiciary shall so declare them.
SECTION 5
GOVERNMENTAL RIGHTS OF THE PEOPLE
Paragraph 1. State Rights. The people of this State have the inherent, sole and exclusive right of regulating their internal government, and the police thereof, and of altering and abolishing their Constitution when ever it may be necessary to their safety and happiness.
Paragraph 2. Enumeration of Rights Not Denial of Others. The enumeration of rights herein contained as a part of this Constitution

TUESDAY, MAY 19, 1964

181

shall not be construed to deny to the people any inherent rights which they may have hitherto enjoyed.

Mr. Baughman of Early moved that the House reconsider its action in adop tion of Section 2 Paragraph 4 of Article 1.

On the motion to reconsider, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Acree Baughman Brooks, Geo. B. Causby Dicus Fleming Gibbons Griffin Groover

Hall Harris Keadle Meeks Milford Odom Pickard Raulerson Rhodes

Richardson Sewell Shea Tucker, M. K. Tucker, Ray M. Walker Woodward

Those voting in the negative were Messrs.:

Abney Anderson Barber Beck Black Blalock, D. B. Blalock, E. Bolton Bowen, A. Bowen, R. L. Bowen, R. W. Brooks, Wilson Busbee Byrd Caldwell Carr Chandler Clark, J. T. Clarke, H. G. Coker, G., Dr. Coker, R. Conger Dennard Dixon Dorminy Duncan, A. C.

Duncan, J. E. Plournoy Floyd Fowler, J. W. Fulford Harrell Harrington Henderson Herndon House Hull Hurst Johnson, A. S. Dr. Jones, C. M. Jones, D. C. Jones, M. Jordan, J. E. Killian Knight, D. W. Knight, W. D. Laite Lambert Lee, G. B. Lee, W. J. (Bill) Lee, Wm. S. Lewis

Lokey Lowrey Mackay Matthews, D. R. McKemie Melton Milhollin Mitchell Mixon Moate Moore Morgan, H. Nessmith Newton, A. S. Overby Paris Parker Perry Peterson Ponsell Poole Pope Poss Rodgers, H. B. Rogers, Jimmie Rowland

182

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Shuman Simmons Sinclair Smith, A. C., Jr. Smith, E. B., Jr. Smith, R. R. Snow Spikes

Steis Story Tabb Teague Tucker, J. B. Twitty Underwood, J. C. Vaughn

Ware Warren Watts Wells, D. W. Wiggins Williams, G. J. Williams, W. M. Wilson, J. M.

Those not voting were Messrs.:

Alien Andrews Arnsdorff Bagby Ballard Bedgood Bell Blair Bowen, R. P. Brackin Branch Brantley Brown Bynum Conner Cullens Davis Dean, N. Been, H. D. DeVane Echols Etheridge
Flynt
Fowler, A. A., Jr.
Funk
Greene

Hale Hill Horton Houston Isenberg Johnson, B. Jones, F. C. Jordan, W. H. Kelly Keyton Kirkland Lane Leonard Lindsey Logan Matthews, C. McClelland McCracken McDonald Morgan, J. H. Mullis Murphy
Newton, D. L.
Pafford
Partridge
Payton

Phillips Rainey Reaves Roberts Roper Russell Rutland Scarborough Simpson Singer Smith, Chas. C. Smith, G. L. II Smith, V. T. Stalnaker Strickland Stuckey Todd Towson Underwood, R. R. Watson Wells, H. H. White
Wilkes Wilson, Hoke
Hudgins
Smith, G. T.

On the motion to reconsider, the ayes were 25, nays 102.

The motion was lost.

Mr. Hale of Dade moved that Article 1 as amended be adopted.

On the motion, the roll call was ordered and the vote was as follows:

TUESDAY, MAY 19, 1964

Those voting in the affirmative were Messrs.:

Abney Acree Alien Anderson Andrews
Arnsdorff Ballard Barber Baughman Beck Bedgood Bell Black Blair Blalock, D. B. Blalock, E. Bolton Bowen, A. Bowen, R. L. Bowen, R. W. Branch Brantley Brooks, Geo. B. Brooks, Wilson Brown Busbee Byrd Caldwell Carr Causby Chandler Clark, J. T. Clarke, H. G. Coker, G., Dr. Coker, R. Conger Deen, H. D. Dennard DeVane Dicus Dixon Dorminy Duncan, A. C. Duncan, J. E. Echols Fleming Flournoy Floyd Flynt Fowler, J. W. Fulford
Funk
Gibbons

Griffin Groover Hale Hall Harrell Harrington Harris Henderson Herndon House Houston Hull Hurst Isenberg Johnson, A. S., Dr. Johnson, B. Jones, C. M. Jones, D. C. Jones, M. Jordan, J. E. Keadle Killian Kirkland Knight, D. W. Knight, W. D. Laite Lambert Lee, G. B. Lee, W. J. (Bill) Lee, Wm. S. Lewis Logan Lokey Lowrey Mackay Matthews, C. Matthews, D. R. McClelland McKemie Meeks Melton Milford Milhollin Mitchell Mixon Moate Moore Morgan, H. Murphy Nessmith Newton, A. S.
Newton, D. L.
Odom

183
Overby Paris Parker Partridge Payton Perry Peterson Pickard Ponsell Poole Pope Poss Raulerson Reaves Rhodes Richardson Roberts Rodgers, H. B. Rogers, Jimmie Roper Rowland Sewell Shea Shuman Simmons Sinclair Smith, A. C., Jr. Smith, E. B., Jr. Smith, R. R. Smith, V. T. Snow Spikes Stalnaker Steis Story Strickland Tabb Teague Tucker, J. B. Tucker, M. K. Tucker, Ray M. Twitty Underwood, J. C. Underwood, R. R. Vaughn Walker Ware Warren Watts Wells, D. W. Wells, H. H. Wiggins Williams, G. J.

184
Williams, W. M. Wilson, Hoke

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Wilson, J. M. Woodward

Hudgins

Those not voting were Messrs.:

Bagby Bowen, R. P. Brackin Bynum Conner Cullens Davis Dean, N. Etheridge Fowler, A. A., Jr. Greene Hill Horton

Jones, F. C. Jordan, W. H. Kelly Keyton Lane Leonard Lindsey McCracken McDonald Morgan, J. H. Mullis Pafford Phillips Rainey

Russell Rutland Scarborough Simpson Singer Smith, Chas. C. Smith, G. L. II Stuckey Todd Towson Watson White Wilkes Smith, G. T.

On the motion to adopt Article 1 as amended, the ayes were 164, nays 0.

Article 1 as amended, was adopted.

The following paragraph was read and adopted:
ARTICLE 2
LEGISLATIVE BRANCH
SECTION 1 LEGISLATIVE POWER, WHERE VESTED
Paragraph 1. Power Vested in General Assembly. The legislative power of the State shall be vested in a General Assembly which shall consist of a Senate and a House of Representatives.

The following paragraph was read:
SECTION 2 SENATE
Paragraph 1. Number and Appointment of Senators. There shall be fifty-four senatorial districts, and one Senator shall be elected from

TUESDAY, MAY 19, 1964

185

each district by the electors of such district. The General Assembly shall have authority to rearrange and change senatorial districts. The appor tionment of the Senate shall be based on population and shall be changed by the General Assembly, if necessary, at its first session after each United States decennial census becomes official.

The following amendment to paragraph 1 of Section 2 Article 2 was read:
Conger of Decatur moves to amend Committee Substitute to HR 6-1 as follows:
By striking Art. 2, Sect. 2, Paragraph 1 and inserting in lieu thereof a new Art. 2, Sect. 2, Paragraph 1 to read as follows:
Paragraph 1. Number and Apportionment of Senators. There shall be 159 Senators and one Senator shall be elected from each county. The provisions of this paragraph shall become effective January 1, 1967.

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

Those voting in the affirmative were Messrs.

Acree Causby Conger Fleming Floyd

Funk Hull Kelly Raulerson Rhodes

Those voting in the negative were Messrs.:

Abney Alien Anderson Andrews Arnsdorff Bagby Barber Baughman Beck Bedgood Bell Black Blair Blalock, D. B. Blalock, E. Bolton Bowen, A.

Bowen, R. L. Bowen, R. W. Bowen, R. P. Brackin Branch Brooks, Geo. B. Brooks, Wilson Brown Busbee Byrd Caldwell Carr Clark, J. T. Coker, R. Conner Davis Dean, N.

Scarborough Smith, R. R. Woodward
Deen, H. D. Dennard DeVane Dicus Dixon Dorminy Duncan, A. C. Duncan, J. E. Echols Etheridge Flournoy Flynt Fowler, A. A., Jr. Fowler, J. W. Fulford Gibbons Griffin

186

JOURNAL OP THE HOUSE,

Groover Hale Hall Harrell Harrington Harris Herndon Hill Horton House Houston Hurst Isenberg Johnson, A. S., Dr. Johnson, B. Jones, C. M. Jones, F. C. Jones, M. Jordan, J. E. Keadle Keyton Killian Kirkland Knight, D. W. Knight, W. D. Laite Lambert Lee, G. B. Lee, W. J. (Bill) Lee, Wm. S. Leonard Lewis Lokey Lowrey Matthews, C. Matthews, D. R. McClelland

McCracken McKemie Melton Milford Milhollin
Mitchell Mixon Moore Morgan, H. Nessmith Newton, A. S. Newton, D. L. Odom Overby Pafford Parker Partridge Payton Perry Peterson Pickard Ponsell Poole Pope Poss Rainey Reaves Richardson Roberts Rodgers, H. B. Rogers, Jimmie Roper Rowland Russell Sewell Shea Shuman

Simmons Simpson Sinclair Singer Smith, A. C., Jr. Smith, Chas, C. Smith, E. B., Jr. Smith, G. L. II Smith, V. T. Snow Spikes Stalnaker Steis Story Strickland Tabb Teague Todd Towson Tucker, J. B. Tucker, M. K. Tucker, Ray M. Twitty Vaughn Walker Ware Warren Watts Wells, D. W. Wells, H. H. White Wiggins Williams, G. J. Williams, W. M. Wilson, Hoke Wilson, J. M. Hudgins

Those not voting were Messrs.:

Ballard Brantley Bynum Chandler Clarke, H. G. Coker, G., Dr. Cullens Greene Henderson Jones, D. C.

Jordan, W. H. Lane Lindsey Logan Mackay McDonald Meeks Moate Morgan, J. H. Mullis

Murphy Paris Phillips Rutland Stuckey Underwood, J. C. Underwood, R. R. Watson Wilkes Smith, G. T.

On the adoption of the amendment the ayes were 13, nays 162.

TUESDAY, MAY 19, 1904

187

The amendment was lost.

Mr. Griffin of Decatur stated that he voted under a misapprehension and would like to be recorded as voting "Aye".

The following paragraph was read and adopted:
Paragraph 2. Qualifications of Senators. At the time of their elec tion, the members of the Senate shall be citizens of the United States, shall have been citizens of this State for at least four years immediately preceding their election, and shall have been residents of the territory embraced within the district from which elected for at least one year immediately preceding their election. At the time of taking office, such members shall be at least twenty-five years of age.

The following paragraph was read:
SECTION 3
HOUSE OF REPRESENTATIVES
Paragraph 1. Number of Representatives. The House of Represen tatives shall consist of one Representative from each county. There shall be forty-six additional Representatives to be apportioned among the several counties in such manner as the General Assembly may provide, but until such time as the General Assembly shall otherwise provide, such additional Representatives shall be apportioned among the several counties as follows: To the eight counties having the largest population, two additional Representatives each; and to the thirty counties having the next largest population, one additional Representative each.

The following amendment to paragraph 1 Section 3 Article 2 was read:
Richardson of Chatham moves to amend Committee Substitute to HR 6-1 as follows:
By striking Article 2, Section 3, Paragraph 1 in its entirety and in serting in lieu thereof a new Paragraph 1 to read as follows:
"Paragraph 1. Number of Representatives. The House of Rep resentatives shall consist of one hundred and eight members from representative districts, which districts shall coincide with the areas embraced in the senatorial districts, and the number of Rep resentatives from each district shall be twice the number of Sena tors from the senatorial district."
On the adoption of the amendment, the roll call was ordered and the vote was as follows:

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Those voting in the affirmative were Messrs.:

Brooks, Wilson Dicus Etheridge Flournoy Funk

Harris House Jones, M. Jordan, J. E. Logan

Lowrey Mackay McClelland Richardson Wilson, J. M.

Those voting in the negative were Messrs,.:

Abney Acree Alien Anderson Arnsdorff Bagby Ballard Barber Baughman Beck Bedgood Black Blair Blalock, D. B. Blalock, E. Bolton Bowen, A. Bowen, R. W. Bowen, R. P. Brackin Branch Brantley Brooks, Geo. B. Brown Busbee Bynum Byrd Caldwell Carr Causby Clark, J. T. Clarke, H. G. Coker, G., Dr. Coker, R. Conger Conner Davis
Dean, N. Deen, H. D. DeVane Dixon Dorminy Duncan, A. C. Duncan, J. E.

Echols Fleming Floyd Flynt Fowler, A. A., Jr. Fowler, J. W. Fulford Gibbons Griffin Groover Hale Hall Harrell Harington Henderson Herndon Hill Horton Houston Hull Hurst Isenberg Johnson, A. S.,, Dr. Johnson, B. Jones, C. M. Jones, D. C. Jones, F. C. Keadle Kelly Keyton Killian Kirkland Knight, D. W, Knight, W. D. Laite Lambert Lane Lee, G. B. Lee, W. J. (Bill) Lee, Wm. S.
Leonard Lewis Lokey Matthews, C.

Matthews, D. R. McCracken McDonald McKemie Meeks Melton Milford Milhollin Mitchell Mixon Moate Moore Morgan, H. Morgan, J. H. Murphy Nessmith Newton, A. S. Newton, D. L.
Odom Overby Pafford Paris Parker Partridge Payton Perry Peterson Pickard Poole Pope Poss Rainey Raulerson Reaves Rhodes Roberts Rogers, Jimmie
Roper Rowland Russell Scarborough Sewell Shea Shuman

Simmons Simpson Sinclair Smith, A. C., Jr. Smith, Chas. C. Smith, E. B., Jr. Smith, G. L. II Smith, R. R. Smith, V. T. Snow Spikes Stalnaker

TUESDAY, MAY 19, 1964
Story Strickland Tabb Todd Towson Tucker, J. B. Tucker, Ray M. Twitty Underwood, J. C. Underwood, R. R. Vaughn Walker

189
Ware Warren Watson Watts Wells, D. W. Wiggins Williams, G. J. Williams, W. M. Wilson, Hoke Woodward Hudgins

Those not voting were Messrs.:

Andrews Bell Bowen, R. L. Chandler Cullens Dennard Greene Jordan, W. H.

Lindsey Mullis Phillips Rodgers, H. B. Rutland Singer Steis Stuckey

Teague Tucker, M. K. Wells, H. H. White Wilkes Smith, G. T.

On the adoption of the amendment, the ayes were 15, nays 167.

The amendment was lost.

The following amendment to paragraph 1, section 3 article 2 was read:

Bolton of Spalding and Groover of Bibb move to amend Committee Subsitute to HR No. 6-1 by striking Paragraph 1, Section 3, Article 2 and inserting in lieu thereof a new paragraph to read as follows:
ARTICLE 2
SECTION 3
HOUSE OF REPRESENTATIVES
Paragraph 1. Number of Representatives.
(a) The apportionment of the House of Representatives shall be based on geography and shall consist of not less than one Rep resentative from each county.

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(b) There shall be forty-six additional Representatives to be apportioned among the several counties in such manner as the General Assembly may provide, but until such time as the General Assembly shall otherwise provide, such additional Representatives shall be apportioned among the several counties as follows: To the eight counties having the largest population, two additional Rep resentatives each; and to the thirty counties having the next largest population, one additional Representative each.

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 Acree Alien Anderson Andrews Arnsdorff Bagby Barber Baughman Beck Bedgood Bell Black Blair Blalock, D. B. Blalock, E. Bolton Bowen, A. Bowen, R. W. Bowen, R. P. Brackin Branch Brantley Brooks, Geo. B. Brown Busbee Bynum Byrd Caldwell Carr Clark, J. T. Clarke, H. G. Coker, G., Dr. Coker, R. Conger Conner Cullens Davis

Dean, N. Deen, H. D. Dennard DeVane Dicus Dixon Dorminy Duncan, A. C. Duncan, J. E. Echols Fleming Flournoy Floyd Flynt Fowler, A. A., Jr. Fowler, J. W. Fulford Gibbons Griffin Groover Hale Hall Harrell Harrington Henderson Herndon Hill Horton Houston Hull Hurst Isenberg Johnson, A. S., Dr. Johnson, B. Jones, C. M. Jones, D. C. Jones, F. C. Jones, M.

Keadle Kelly Keyton Killian Kirkland Knight, D. W. Knight, W. D. Laite Lambert Lane Lee, G. B. Lee, W. J. (Bil) Lee, Wm. S. Leonard Lewis Logan Lokey Lowrey Matthews, C. Matthews, D. R. McCracken McDonald McKemie Meeks Melton Milford Milhollin Mitchell Mixon Moate Morgan, H. Morgan, J. H. Murphy Nessmith Newton, A. S. Newton, D. L. Overby Pafford

Parker Partridge Payton Perry Peterson Pickard Ponsell Poole Pope Poss Rainey Raulerson Reaves Rhodes Roberts Rogers, Jimmie Roper Rowland Russell Scarborough Sewell Shea

TUESDAY, MAY 19, 1964
Shuman Simmons Simpson Sinclair Smith, A. C., Jr. Smith, Chas, C. Smith, E. B., Jr. Smith, G. L. II Smith, R. R. Smith, V. T. Snow Spikes Stalnaker Steis Story Strickland Tabb Teague Todd Towson Tucker, J. B. Tucker, M. K.

191
Tucker, Ray M. Twitty Underwood, J. C. Underwood, R. R. Vaughn Walker Ware Warren Watson Watts Wells, D. W. Wells, H. H. White Wiggins Williams, G. J. Williams, W. M. Wilson, Hoke Wilson, J. M. Woodward Hudgins

Those voting in the negative were Messrs.:

Ballard Brooks, Wilson Etheridge Funk

Harris House Jordan Mackay

McClelland Odom

Those not voting were Messrs.:

Bowen, R. L. Causby Chandler Greene Jordan, W. H. Lindsey

Moore Mullis Paris Phillips Richardson Rodgers, H. B.

Rutland Singer Stuckey Wilkes Smith, G. T.

On the adoption of the amendment, the ayes were 178, nays 10.

The amendment was adopted.

The following paragraphs were read and adopted:

Paragraph 2. Qualifications of Representatives. At the time of their election, the members of the House of Representatives shall be citizens

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of the United States, shall have been citizens of this State for at least two years immediately preceding their election, and shall have been res idents of the county from which elected for at least one year immediately preceding their election. At the time of taking office, such members shall be at least twenty-one years of age.

SECTION 4

OFFICERS OF THE GENERAL ASSEMBLY

Paragraph 1. President of the Senate. The presiding officer of the Senate shall be styled the President of the Senate. The President of the Senate shall have no vote, except:

(a) When the Senate shall be equally divided on an issue;

(b) When only one additional vote shall be required for a con stitutional majority; and

(c) In Senate committees as prescribed by the Senate rules. The following paragraph was read:

Paragraph 2. Speaker of the House of Representatives. The presid ing officer of the House of Representatives shall be styled the Speaker of the House of Representatives, and shall be elected from the member ship of the House of Representatives by a majority of its membership by a roll call vote thereof.

The following amendment was read:

Brooks of Oglethorpe moves to amend Committee Substitute to HR 6-1 as follows:
By striking Article 2, Section 4, Paragraph 3 in its entirety and inserting in lieu thereof a new Article 2, Section 4, Paragraph 2 to read as follows:
"Paragraph 2. Speaker of the House of Representatives. The presiding officer of the House of Representatives shall be styled the Speaker of the House of Representatives, and shall be elected from the membership of the House of Representatives by a majority of its membership by secret ballot. The provisions of this Paragraph shall become effective January 1, 1967."

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

TUESDAY, MAY 19, 1964

193

Those voting in the affirmative were Messrs.

Baughman Bowen, R. P. Brantley Brooks, Geo. B. Brown Bynum Causby Dicus Dorminy Flournoy Floyd Plynt Fowler, A. A., Jr. Funk Groover

Horton Johnson, B. Jones, M. Kelly Knight, D. W. Laite McDonald Meeks Milford Milhollin Mixon Moate Murphy Nessmith Odom

Paris Pickard Ponsell Kainey Raulerson Scarborough Sewell Shuman Simpson Smith, R. R. Todd Tucker, M. K. Wells, H. H. Wilson, J. M.

Those voting in the negative were Messrs.:

Abney Acree Alien Anderson Andrews Arnsdorff Bagby Ballard Barber Beck Bedgood Bell Black Blair Blalock, D. B. Blalock, E. Bolton Bowen, A. Bowen, R. L. Bowen, R. W. Brackin Branch Brooks, Wilson Busbee Byrd Caldwell Carr Chandler Clark, J. T. Clarke, H. G. Coker, G., Dr. Coker, R. Conger Conner

Cullens Davis Dean, N. Deen, H. D. Dennard Duncan, A. C. Duncan, J. E. Echols Etheridge Fleming Fowler, J. W. Fulford Gibbons Griffin Hale Hall Harrell Harris Henderson Herndon Hill House Houston Hull Hurst Isenberg Johnson, A. S., Dr. Jones, C. M. Jones, D. C. Jones, F. C. Jordan, J. E. Keadle Keyton Killian

Kirkland Knight, W. D. Lambert Lane Lee, G. B. Lee, W. J. (Bill) Lee, Win. S. Leonard Lewis Logan Lokey Lowrey Mackay Matthews, C. Matthews, D. R. McClelland McKemie Melton Mitchell Moore Morgan, H. Morgan, J. H. Newton, A. S. Newton, D. L. Overby Pafford Parker Partridge Payton Perry Peterson Pope Poss Reaves

194

JOURNAL OF THE HOUSE,

Rhodes Richardson Rodgers, H. B. Rogers, Jimmie Roper Rowland Russell Shea Simmons Sinclair Smith, A. C., Jr. Smith, Chas. C. Smith, E. B., Jr. Smith, V. T.

Snow Spikes
Stalnaker Steis Story Tabb Teague Towson Tucker, J. B. Tucker, Ray M. Twitty Underwood, J. C. Vaughn Walker

Ware Warren Watson Watts Wells, D. W. White Wiggins Williams, G. J Williams, W. M. Wilson, Hoke Woodward Hudgins

Those not voting were Messrs.:

DeVane Dixon Greene Harrington Jordan, W. H. Lindsey McCracken

Mullis Phillips Poole Roberts Rutland Singer Smith, G. L. II

Strickland Stuckey Underwood, R. R. Wilkes Smith, G. T,

On the adoption of the amendment, the ayes were 44, nays 142.

The amendment was lost.

Mr. Underwood of Taylor stated that he would like to be recorded as voting "Nay".

Mr. Fleming of Richmond stated that he voted under a misapprehension and would like to be recorded as voting "Aye".
Mr. Poole of Pickens stated that he was called from the Hall of the House at the time the roll was called but had he been present he would have voted "Nay".
The following amendment to paragraph 2 Section 4 Article 2 was read:
Mr. Groover of Bibb moves to amend paragraph 2 Section 4, Article 2 of HR 6-1 by adding at the end thereof a new sentence to read:
"In the event there is more than one candidate for Speaker then the candidate who receives the second highest vote shall be

TUESDAY, MAY 19, 1964

195

declared elected Speaker Pro Tern, not withstanding any other pro vision of this Constitution."

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 Brooks, Geo. B. Causby Etheridge Floyd Groover Hill Horton Johnson, B.

Kelly Laite Logan Matthews, D. R. McKemie Meeks Milford
Moate Morgan, J. H.

Murphy Nessmith Odom, Paris Raulerson Rhodes Scarborough Smith, R. R.

Those voting in the negative were Messrs.:

Acree Alien Anderson Arnsdorff Bagby Ballard Barber Baughman Beck Bell Black Blair Blalock, D. B. Blalock, E. Bolton Bowen, A. Bowen, R. W. Brooks, Wilson Brown Busbee Bynum Byrd Carr Chandler Clark, J. T. Clarke, H. G. Coker, G., Dr. Conger Conner Cullens Davis

Dean, N. Deen, H. D. Dennard Dixon Dorminy Duncan, A. C. Echols Flournoy Fowler, J. W. Fulford Gibbons Griffin Hale Harrell Harrington Harris Henderson Herndon House Houston Hull Hurst Isenberg Johnson, A. S., Dr. Jones, D. C. Jones, F. C. Keadle Killian Kirkland Knight, W. D. Lambert

Lee, G. B. Lee, W. J. (Bill) Lee, Wm. S. Leonard Lewis Lokey Matthews, C. McClelland McCracken McDonald Melton Milhollin Mixon Morgan, H. Newton, A. S. Newton, D. L. Overby Pafford Parker Partridge Payton Perry Peterson Ponsell Pope Poss Reaves Richardson Rodgers, H. B. Rogers, Jimmie Roper

196

JOURNAL OF THE HOUSE,

Rowland Russell Shea Shuman Simmons Simpson Sinclair Smith, A. C., Jr. Smith, E. B., Jr. Smith, V. T.

Snow Steis Story Strickland Tabb Teague Tucker, J. B. Tucker, Ray M. Twitty Underwood, J. C.

Underwood, R. R. Vaughn Walker Warren Watts Wiggins Williams, G. J. Williams, W. M. Woodward Hudgins

Those not voting were Messrs.:

Bedgood Bowen, R. L. Bowen, R. P. Brackin Branch Brantley Caldwell Coker, R. DeVane Dicus Duncan, J. E. Fleming Flynt Fowler, A. A., Jr. Funk Greene Hall Jones, C. M.

Jones, M. Jordan, J. E. Jordan, W. H. Keyton Knight, D. W. Lane Lindsey Lowrey Mackay Moore Mullis Phillips Pickard Poole Rainey Roberts Rutland Sewell

Singer Smith, Chas. C. Smith, G. L. II Spikes Stalnaker Stuckey Todd Towson Tucker, M. K. Ware Watson Wells, D. W. Wells, H. H. White Wilkes Wilson, Hoke Wilson, J. M. Smith, G. T.

On the adoption of the amendment, the ayes were 26, nays 125.

The amendment was' lost.

Paragraph 2, Section 4 of Article 2 was adopted.

The following paragraph was read and adopted:
Paragraph 3. Officers, Employees and Committees of the Two Houses. In addition to the President of the Senate and the Speaker of the House of Representatives, the officers of the two houses shall be a President Pro Tempore and a Secretary of the Senate and a Speaker Pro Tempore and a Clerk of the House of Representatives. The Presi dent Pro Tempore of the Senate and the Speaker Pro Tempore of the House of Representatives shall be elected from the membership of their respective houses and such officers and the Secretary and Clerk shall

TUESDAY, MAY 19, 1964

197

be elected by a roll call vote by a majority of the membership of the respective house in which they are to serve. The President Pro Tempore shall act as President in case of the death, resignation or disability of the President, or in the event of the succession of the President to the executive power. When acting as President of the Senate, however, the President Pro Tempore shall have the same voting privileges as any other member of the Senate. The Speaker Pro Tempore shall act as Speaker in case of the death, resignation or disabilty of the Speaker, or in the event of the succession of the Speaker to the execu tive power. Each house is hereby authorized to provide for its own as sistants and employees and fix the compensation therefor. Interim com mittees may be created by or pursuant to authority of the General Assembly or either house.

The following paragraph was read:
SECTION 5
THE GENERAL ASSEMBLY
Paragraph 1. Terms of Members. The members of the General As sembly shall be elected for terms of two years and shall serve until the time fixed by law for the convening of the General Assembly in the year following the second year of their terms of office.

The following amendment was read:
Mr. Rhodes of Baker moves to amend Paragraph 1 Section 5 Article 2 by changing the figure 'two years' to 'four years'.

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 Acree Anderson Bowen, R. L. Brown Bynum Carr Causby Clark, J. T. Clarke, H. G. Coker, R. Deen, H. D. Dennard DeVane Gibbons

Groover Horton Houston Jones, D. C. Jones, M. Kelly Keyton Leonard Lewis McDonald Milford Murphy Partridge Rainey Raulerson

Rhodes Roberts Roper Rowland Russell Shea Shuman Smith, G. L. II Smith, R. R. Snow Stalnaker Wilson, Hoke Woodward

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JOURNAL OF THE HOUSE,

Those voting in the negative were Messrs.:

Andrews Arnsdorff Bagby Baughnian Beck Bedgood Bell Black Blair Blalock, D. B. Blalock, E. Bolton Bowen, A. Bowen, R. W. Brooks, Geo. B. Brooks, Wilson Busbee Byrd Caldwell Coker, G., Dr. Dean, N. Dorminy Duncan, A. C. Echols Etheridge Flournoy Floyd Fowler, J. W. Fulford Hale Harrell Harris Henderson Herndon

Hill House Hurst Isenberg Johnson, A. S., Dr. Jones, F. C. Keadle Killian Lambert Lane Lee, G. B. Lee, W. J. (Bill) Lee, Wm. S. Logan Lokey Matthews, C. McClelland McCracken McKemie Meeks Melton Milhollin Mixon Morgan, H. Morgan, J. H. Nessmith Newton, A. S. Newton, D. L. Odom Pafford Paris Parker Payton Perry

Peterson Ponsell Pope Poss Richardson Rogers, Jimmy Sewell Simmons Simpson Sinclair Smith, A. C., Jr. Smith, E. B., Jr. Smith, V. T. Spikes Steis Story Tabb Todd Tucker, J. B. Tucker, Ray M. Twitty Underwood, J. C. Underwood, R. R. Walker Ware Warren Watts Wells, D. W. Wells, H. H. Wiggins Williams, G. J. Williams, W. M.

Those not voting were Messrs.:

Alien Ballard Barber Bowen, R. P. Brackin Branch Brantley Chandler Conger Conner Cullens Davis Dicus Dixon Duncan, J. E.

Fleming Flynt Fowler, A. A., Jr. Funk Greene Griffin Hall Harrington Hull Johnson, B. Jones, C. M. Jordan, J. E. Jordan, W. H. Kirkland Knight, D. W.

Knight, W. D. Laite Lindsey Lowrey Mackay Matthews, D. R. Mitchell Moate Moore Mullis Overby Phillips Pickard
Poole Reaves

Eodgers, H. B. Rutland Scarborough Singer Smith, Chas. C. Strickland

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199

Stuckey Teague Towson Tucker, M. K. Vaughn Watson

Wilkes Wilson Hudgins Smith, G. T.

On the adoption of the amendment, the ayes were 43, nays 101.

The amendment was lost.
Messrs. Overby of Hall, Lewis of Wilkinson and Barber of Jackson stated they were called from the Hall of the House to confer with constituents at the time the roll was called but had they been present they would have voted "Nay".
Paragraph 1 Section 5 Article 2 was adopted.
The following paragraphs were read and adopted:
Paragraph 2. Election and Seating of members. The first regular election for members of the General Assembly under this Constitution shall be held on Tuesday after the first Monday in November, 1966, and subsequent elections shall be held biennially on the same day, unless the day of election is changed by law. Bach house shall be the sole judge of the election, returns and qualifications of its members.
Paragraph 3. Oath. Each Senator and Representative, before taking his seat, shall take such oath or affirmation as shall be prescribed by law.
Paragraph 4. Meeting, Time Limit, and Adjournment. The General Assembly shall meet in regular annual session on the second Monday in January in each year. By concurrent resolution adopted by a majority of the membership of each house, the General Assembly may adjourn any regular session to a later day certain in the same calendar year but shall not remain in regular session for longer than fifty days in the aggregate in odd-numbered years or for longer than forty days in the agg'regate in even-numbered years, except that by a joint resolution adopted by a three-fifths vote of the members of each house, the maximum days of a regular annual session may be extended for a period of not more than seven days, and such resolution need be read only once in each house before a vote thereon. If an impeachment trial is pending at the end of any regular session, the Senate may remain in session until such trial is completed.
Paragraph 5. Quorum. A majority of each house shall constitute a quorum to transact business, but a smaller number may adjourn from

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day to day and compel the presence of its absent members as each house may provide.

Paragraph 6. Adjournments. Except as otherwise provided in this Constitution, neither house shall adjourn for more than three days or to any other place without the consent of the other, and in case of dis agreement between the two houses on a question of adjournment, the Governor may adjourn either or both of them.

Mr. Andrews of Stephens asked unanimous consent that the House reconsider its action in adopting Paragraph 4 Section 5 Article 2.

The consent was granted and the House has reconsidered.

The following amendment to paragraph 4 Section 5 Article 2 was read:
Mr. Killian of Glynn moves to amend HE 6-1 by adding the follow ing sentence to paragraph 4 of Section 5 of Article 2 thereof:
"All business pending in the Senate or House at the adjourn ment of any regular session may be considered at any regular ses sion of the same General Assembly as if there had been no adjourn ment."

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

Those voting in the affirmative were Messrs.:

Acree Alien Ballard Bedgood Bowen, A. Causby Clarke, H. G. Coker, G., Dr. Dean, N. Harrington Horton

Jones, M. Kelly Killian Lambert Matthews, C. Matthew, D. R. McDonald McKemie Milford Milhollin Murphy

Those voting in the negative were Messrs.:

Abney Anderson Andrews

Arnsdorff Barber Baughman

Nessmith Overby Ponsell Pope Rowland Sewell Walker Wells, H. H. Williams, G. J. Williams, W. M.
Beck Bell Black

Blalock, E. Bolton Bowen, R. L. Bowen, R. W. Brantley Brooks, Geo. B.
Brooks, Wilson Busbee Bynum Byrd Caldwell Carr Chandler Cullens Dennard Dixon Dorminy Duncan, A. C. Echols Etheridge Flournoy Fowler, J. W. Fulford Gibbons Hale

TUESDAY, MAY 19, 1964
Harrell Harris Henderson House Houston Johnson, A. S., Dr. Keadle Keyton Kirkland Knight, W. D. Lee, W. J. (Bill) Lee, Wm. S. Lewis Lokey McClelland McCracken Melton Mitchell Mixon Morgan, J. H. Newton, A. S. Newton, D. L. Odom Paris Parker

201
Partridge Peterson Poss Rainey Richardson Rogers Russell Shea Shuman Simmons Smith, A. C., Jr. Smith, E. B., Jr. Snow Spikes Steis Tabb Todd Tucker, Ray M. Twitty Ware Warren Watts Wells, D. W. Wiggins

Those not voting were Messrs.:

Bagby Blair Blalock, D. B. Bowen, R. P. Brackin Branch Brown Clark, J. T. Coker, R. Conger Conner
Davis Deen, H. D. DeVane Dicus Duncan, J. E. Fleming Floyd Flynt Fowler, A. A., Jr. Funk Greene Griffin Groover Hall Herndon

Hill Hull Hurst Isenberg Johnson, B. Jones, C. M. Jones, D. C. Jones, F. C. Jordan, J. E. Jordan, W. H. Knight, D. W. Laite Lane Lee, G. B. Lee, W. J. (Bill) Leonard Lindsey Logan Lowrey Mackay Meeka Moate Moore Morgan, H. Mullis Pafford

Payton Perry Phillips Pickard Poole Raulerson Reaves Rhodes Roberts Rodgers, H. B. Roper Rutland Scarborough Simpson Sinclair Singer Smith, Chas. C. Smith, G. L. II Smith, R. R. Smith, V. T. Stalnaker Story Strickland Stuckey Teague Towson

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Tucker, J. B. Tucker, M. K. Underwood, J. C. Underwood, R. R. Vaughn

Watson White Wilkes Wilson, Hoke Wilson, J. M.

Woodward Hudgins Smith, G. T.

On the adoption of the amendment, the ayes were 32, nays 83.

The amendment was lost.

Paragraph 4 of Section 5 of Article 2 was adopted.

Mr. Bolton of Spalding moved that the House do now adjourn until 10:00 o'clock a.m. tomorrow morning and the motion prevailed.

The Speaker announced the House adjourned until 10:00 o'clock a.m. tomor row morning and HR 6-1 was carried over as unfinished business.

WEDNESDAY, MAY 20, 1964

203

Eepresentative Hall, Atlanta, Georgia,

Wednesday, May 20, 1964.

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

Prayer was offered by Rev. Vernard Robertson, Pastor, 1st Methodist Church, Americus, Ga.

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

Abney Acree Alien Anderson Andrews Arnsdorff Bagby Ballard Barber Baughman Beck Bedgood Bell Black Blair Blalock, E. Bolton Bowen, A. Bowen, R. L. Bowen, R. W. Bowen, R. P. Brackin Branch Brantley Brooks, Geo. B. Brooks, Wilson Brown Busbee Bynum Byrd Caldwell Carr Causby Clark, J. T. Clarke, H. G. Coker, G., Dr. Coker, R. Conger Conner

Cullens Davis Dean, N. Deen, H. D. Dennard DeVane Dicus Dixon Duncan, A. C. Duncan, J. E. Echols Etheridge Fleming Flournoy Floyd Flynt Fowler, A. A., Jr. Fowler, J. W. Fulford Funk Gibbons Greene Griffin Groover Hale Hall Harrell Harrington Harris Henderson Herndon Hill Horton House Houston Hull Hurst Isenberg Johnson, A. S.( Dr.

Johnson, B. Jones, C. M. Jones, F. C. Jones, M. Jordan, J. E. Jordan, W. H. Keadle Kelly Keyton Killian Kirkland Knight, W. D. Laite Lambert Lane Lee, G. B. Lee, W. J. (Bill) Lee, Wm. S. Leonard Lewis Logan Lokey Lowrey Mackay Matthews, C. Matthews, D. R. McClelland McCracken McDonald McKemie Meeks Melton Milford Milhollin Mitchell Mixon Moate Moore Morgan, H.

204
Morgan, J. H, Murphy Nessmith Newton, A. S. Newton, D. L. Odom Overby Pafford Paris Parker Partridge Payton Perry Peterson Pickard Ponsell Pope Poss Raulerson Reaves Rhodes Richardson Roberts Rodgers, H. B. Rogers, Jimmie

JOURNAL OF THE HOUSE,

Roper Rowland Russell Scarborough Sewell Shea Simmons Simpson Sinclair Singer Smith, A. C., Jr. Smith, Chas. C. Smith, E. B., Jr. Smith, G. L. II Smith, R. R. Smith, V. T. Snow Spikes Stalnaker Steis Story Strickland Stuckey Tabb Teague

Todd Towson Tucker, J. B. Tucker, M. K. Tucker, Ray M. Twitty Underwood, J. C. Underwood, R. R. Vaughn Walker Ware Warren Watson Watts Wells, D. W. Wells, H. H. White Wiggins Wilkes Williams, G. J. Williams, W. M. Wilson, Hoke Woodward Hudgins

Mr. Clarke of Monroe, Chairman of the Committee on Auditing, Enrolling, Engrossing and Journals reported that the Journal of the previous legislative day had been read and found to be correct.

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

The Journal was confirmed.

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. 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 was read the first time and referred to the Committees:

WEDNESDAY, MAY 20, 1964

205

HB 43. By Mr. Acree of Towns:
A Bill to be entitled an Act to abolish the present mode of compensating the sheriff of Towns County, known as the fee system; and for other purposes.
Referred to the Committee on Local Affairs.

HR 34-43. By Messrs. Bedgood and Matthews of Clarke:
A Resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide for the election by the people of the members of the Clarke County Board of Education from election districts within said county; and for other purposes.
Referred to the Committee on Local Affairs.

The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has passed as amended by the requisite constitutional majority the following Bill of the House to wit:

HB 2. By Messrs. Busbee, Lee and Odom of Dougherty:
A Bill to create a new judicial circuit for the State of Georgia, to be known as the Dougherty Judicial Circuit, to be composed of the County of Dougherty; and for other purposes.

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

SB 7. By Senators Plunkett of the 30th and Heard of the 29th:
A Bill to amend an Act providing an assistant solicitor general for the Coweta Judicial Circuit so as to fix the assistant solicitor general's salary; and for other purposes.

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

SB 7. By Senators Plunkett of the 30th and Heard of the 29th: A Bill to be entitled an Act to amend an Act providing an assistant

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JOURNAL OF THE HOUSE,

solicitor general for the Coweta Judicial Circuit so as to fix the assistant solicitor general's salary; and for other purposes.
Referred to the Committee on Local Affairs.

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

HB 36. By Mr. Been of Bacon:
A Bill to be entitled an Act to abolish the present method of compensating the sheriff of Bacon County, known as the fee system, and to provide in lieu thereof an annual salary for the sheriff; and for other purposes.

HR 32-36. By Messrs. Griffin and Conger of Decatur:
A Resolution proposing an amendment to the Constitution so as to provide for the creation of the Bainbridge-Decatur County Beverage Control Board; and for other purposes.

HB 37. By Messrs. Griffin and Conger of Decatur:
A Bill to be entitled an Act to amend Code Section 24-2501, which enumerates the judicial circuits of this State and the counties comprising each circuit, so as to change the name of the Albany Judicial Circuit to the Bainbridge Judicial Circuit; and for other purposes.

HB 38. By Mr. Vaughn of Rockdale:
A Bill to be entitled an Act to amend an Act creating the office of Tax Commissioner, so as to change the compensation of the Tax Commissioner and the compensation of his clerical help; and for other purposes.

HB 39. By Mr. Vaughn of Rockdale:
A Bill to be entitled an Act to abolish the present mode of compensating the sheriff of Rockdale County, known as the fee system; to provide for an annual salary; and for other purposes.

HB 40. By Mr. Vaughn of Rockdale:
A Bill to be entitled an Act to place the Ordinary of Rockdale County upon an annual salary in lieu of the fee system of compensation; and for other purposes.

WEDNESDAY, MAY 20, 1964

207

HB 41. By Mr. Vaughn of Rockdale:
A Bill to be entitled an Act to amend an Act to amend an Act creating the office of Commissioner of Roads and Revenues of Rockdale County, so as to change the compensation and allowances of the Commissioner; and for other purposes.

HR 33-41. By Mr. Vaughn of Rockdale:
A Resolution proposing an amendment to the Constitution so as to add two additional members to the Board of Education of Rockdale County; to provide for their election and terms of office; and for other purposes.

HB 42. By Mr. Bowen of Toombs:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Vidalia, in the County of Toombs, so as to change the corporate limits of said City of Vidalia; and for other purposes.

Mr. Flournoy of Cobb arose on a point of personal privilege and addressed the House.

Mr. Smith of Camden arose on a point of personal privilege and addressed the House.

Mr. Andrews of Stephens arose on a point of personal privilege and addressed the House.

Under the General Order of Business, the following Bills of the Senate were taken up for consideration and read the third time:

SB 4. By Senator Webb of the llth:
A Bill to be entitled an Act to amend Section 5 of the Act known as the "Hospital Authorities Law", so as to extend the period of time for which revenue certificates may be issued by hospital authorities, and for other purposes.

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

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

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JOURNAL OP THE HOUSE,

Those voting in the affirmative were Messrs.:

Abney Alien Anderson Arnsdorff Ballard Barber Baughman Beck Bell Black Blair Blalock, E. Bolton Bowen, A. Bowen, R. L.
Bowen, R. W. Brackin Branch Brooks, Geo. B. Brooks, Wilson Busbee Bynum Byrd Caldwell Carr Clark, J. T. Clarke, H. G. Dean, N. Been, H. D. Dennard DeVane Dixon Dorminy Duncan, A. C. Echols Flournoy Floyd Flynt Fowler, J. W. Fulford Funk Gibbons Greene Groover Hale Harrell Harrington
Harris

Henderson Herndon House Houston Hurst Isenberg Johnson, A. S., Dr. Jones, C. M. Jones, F. C. Jordan, J. E. Jordan, W. H. Keadle Killian Kirkland Knight, W. D. Lambert Lane Lee, G. B. Lee, W. J. (Bill) Lee, Wm. S. Logan Lokey Lowrey Matthews, D. R. McCracken McKemie Meeks Melton Mitchell Mixon Moate Moore Morgan, H. Morgan, J. H. Murphy Odom Overby Paris Partridge Payton Perry Peterson Phillips Pickard Ponsell Poole Pope Poss

Rainey Raulerson Reaves Rhodes Richardson Roberts Rogers, Jimmie Roper, A. P. Rowland Sewell Shea Simmons Sinclair Singer Smith, A. C., Jr. Smith, Chas. C. Smith, E. B., Jr. Snow Spikes Stalnaker Steis Story Strickland Tabb Teague Todd Tucker, J. B. Tucker, Ray M. Twitty Underwood, J. C. Underwood, R. R. Vaughn Walker Ware Warren Watson Watts Wells, D. W. Wells, H. H. White Williams, G. J. Williams, W. M. Wilson, Hoke Wilson, J. M. Woodward Hudgins

Those voting in the negative were Messrs.:

Causby

Coker, G., Dr.

Milford

WEDNESDAY, MAY 20, 1964

209

Those not voting were Messrs.:

Acree Andrews Bagby Bedgood Blalock, D. B. Bowen, R. P. Brantley Brown Chandler Coker, R. Conger Conner Cullens Davis Dicus Duncan, J. E. Etheridge Fleming Fowler, A. A., Jr. Griffin

Hall Hill Horton Hull Johnson, B. Jones, D. C. Jones, M. Kelly Keyton Knight, D. W. Laite Leonard Lewis Lindsey Mackay Matthews, C. McClelland McDonald Milhollin Mullis

Nessmith Newton, A. S. Newton, D. L. Pafford Parker Eodgers, H. B. Russell Rutland Scarborough Shuman Simpson Smith, G. L. II Smith, R. R. Smith, V. T. Stuckey Towson Tucker, M. K. Wiggins Wilkes Smith, G. T.

On the passage of the Bill, the ayes were 142, nays 3.

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

SB 5. By Senator Webb of the llth:
A Bill to be entitled an Act to amend Section 1 of the Act known as the "Georgia Health Code", particularly the chapter referred to therein as "Hospital Authorities Act", and for other purposes.

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

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

Those voting in the affirmative were Messrs.:

Abney Alien Anderson Arnsdorff Ballard Barber

Baughman Beck Bedgood Bell Black Blair

Blalock, E. Bolton Bowen, A. Bowen, R. L. Bowen, R. W. Branch

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JOURNAL OF THE HOUSE,

Brooks, Geo. B. Brooks, Wilson
Busbee Bynum Byrd Caldwell Carr Clark, J. T. Clarke, H. G. Conger Dean, N. Been, H. D. Dennard DeVane Dixon Dorminy Duncan, A. C. Duncan, J. E. Echols Flournoy Fulford Funk Gibbons Greene Griffin Harrell Harrington Harris Henderson Herndon House Houston Hurst Isenberg Johnson, A. S., Dr. Jones, C. M. Jones, M. Jordan, J. E. Jordan, W. H. Keadle

Keyton Killian Kirkland
Knight, W. D. Lambert Lane Lee, G. B. Lee, W. G. (Bill) Lee, Wm. S. Logan Lokey Matthews, C. McCracken McKemie Meeks Melton Mitchell Mixon Moate Moore Morgan, H. Morgan, J. H. Murphy Nessmith Odom Overby Paris Partridge Payton Perry Peterson Ponsell Poole Pope Poss Raulerson Rhodes Richardson Roberts Rogers, Jimmie

Roper, A. P. Rowland, E. L. Russell Sewell Shea Simmons Sinclair Singer Smith, A. C., Jr. Smith, Chas. C. Smith, E. B., Jr. Smith, V. T.
Snow Spikes Stalnaker
Steis Story Strickland Tabb Todd Tucker, J. B. Tucker, M. K. Tucker, Ray M.
Twitty Underwood, J. C. Underwood, R. R. Vaughn Walker Ware Warren Watts Wells, D. W. White Williams, G. J. Williams, W. M. Wilson, Hoke Wilson, J. M. Hudgins

Those voting in the negative were Messrs.

Acree

Causby

Coker, G., Dr.

Those not voting were Messrs.:

Andrews
Bagby Blalock, D. B. Bowen, R. P. Brackin Brantley

Brown Chandler
Coker, R Conner Cullens Davis

Dicus Etheridge Fleming Floyd Flynt Fowler, A. A., Jr.

Fowler, J. W. Groover Hale Hall Hill Horton Hull Johnson, B. Jones, D. C.
Jones, F. C.
Kelly
Knight, D. W.
Laite Leonard Lewis Lindsey

WEDNESDAY, MAY 20, 1964

21J

Lowrey Mackay Matthews, D. R. McClelland McDonald Milford Milhollin Mullis
Newton, A. S.
Newton, D. L.
Pafford
Parker
Phillips Pickard
Rainey Reaves

Rodgers, H. B. Rutland Scarborough Shuman Simpson Smith, G. L. II Smith, R. R. Stuckey
Teague Towson
Watson
Wells, H. H.
Wiggins
Wilkes Woodward
Smith G. T.

On the passage of the Bill, the ayes were 136, nays 3.

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

By unanimous consent, the following Bill of the House was taken up for the purpose of considering the Senate amendment thereto:

HB 2. By Messrs. Busbee, Lee and Odom of Dougherty:
A Bill to be entitled an Act to create a new judicial circuit for the State of Georgia, to be known as the Dougherty Judicial Circuit, to be composed of the County of Dougherty, and for other purposes.

The following Senate amendment was read:
The Judiciary Committee moves to amend HB 2 by striking Section 3 in its entirety and inserting in lieu thereof the following:
"The Solicitor General of the Dougherty Judicial Circuit is hereby prohibited from engaging in the private practice of law"

Mr. Busbee of Dougherty moved that the House agree to the Senate amend ment to HB 2.

On the motion to agree, the roll call was ordered and the vote was as follows:

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JOURNAL OF THE HOUSE,

Those voting in the affirmative were Messrs.:

Abney Alien Anderson Arnsdorff Barber Baughman Beck Black Blair Blalock, E. Bolton, A. K. Bowen, A. Bowen, R. L. Bowen, R. W. Brackin Branch Brooks, Geo. B. Brooks, Wilson Busbee Byrd Caldwell Carr Chandler Clark, J. T. Clarke, H. G. Coker, G., Dr. Davis Dean, N. Dennard DeVane Dixon Dorminy Duncan, A. C. Echols Plournoy Floyd Fulford Gibbons Greene Harrell Harrington Harris Henderson

Herndon House Houston Hurst Isenberg Johnson, A. S., Dr. Jones, F. C. Jones, M. Jordan, J. E. Jordan, W. H. Keadle Keyton Killian Kirkland Knight, W. D. Lambert Lee, G. B. Lee, W. J. (Bill) Lee, Wm. S. Logan Lokey Lowrey Matthews, C. McCracken McKemie Meeks Melton Mixon Moate Morgan, H. Morgan, J. H. Nessmith Odom Overby Pafford Parker Partridge Payton Perry Peterson Ponsell Poole Pope

Poss Raulerson Richardson Roberts Rodgers, H. B. Rogers, Jimmie
Roper Rowland Russell Sewell Shea Simmons Sinclair Singer Smith, E. B., Jr. Smith, V. T. Snow Spikes Stalnaker Steis Story Strickland Tabb Todd Tucker, J. B. Tucker, M. K. Tucker, Ray M. Twitty Underwood, R. R. Vaughn Walker Ware Warren Wells, D. W. White Wiggins Williams, G. J. Williams, W. M. Wilson, Hoke Wilson, J. M. Woodward

Those not voting were Messrs.:

Acree Andrews Bagby Ballard Bedgood Bell
Blalock, D. B.

Bowen, R. P. Brantley Brown Bynum Causby Coker, R.
Conger

Conner Cullens Deen, H. D. Dicus Duncan, J. E. Etheridge Fleming

WEDNESDAY, MAY 20, 1964

213

Flynt Fowler, A. A., Jr. Fowler, J. W. Funk Griffin Groover Hale Hall Hill Horton Hull Johnson, B. Jones, C. M. Jones, D. C. Kelly Knight, D. W. Laite Lane Leonard

Lewis Lindsey Mackay Matthews, D. R. McClelland McDonald Milford Milhollin Mitchell Moore Mullis Murphy Newton, A. S. Newton, D. L. Paris Phillips Pickard Eainey Reaves

Rhodes Rutland Scarborough Shuman Simpson Smith, A. C., Jr. Smith, Chas. C. Smith, G. L. II Smith, R. R. Stuckey Teague Towson Underwood, J. C. Watson Watts Wells, H. H. Wilkes Hudgins Smith, G. T.

On the motion to agree, the ayes were 127, nays 0.

The Senate amendment to HB 2 was agreed to.

Under the special and continuing order of Unfinished business, HR 6-1 was again taken up for consideration:

Article 2 Section 5 continued:
The following paragraph was read:
Paragraph 7. Eligibility; Appointments Forbidden. No person on active duty with any branch of the armed forces of the United States, and no person holding any civil appointment or office having any emolu ment or compensation annexed thereto, under the United States, this State or any other State, except justices of the peace, members of the militia, members of the reserve armed forces, and members of the National Guard, and no person who is a defaulter for public money or for any legal taxes required of him, shall have a seat in either house. No Senator or Representative shall be elected by the General Assembly or appointed by the Governor to any office or appointment having any emolument annexed thereto, during the time for which he shall have been elected, unless he shall first resign his seat; but during the term for which he is elected, no Senator or Representative shall be appointed to any civil office which is created during such term.

The following amendment to paragraph 7 was read and adopted:

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JOURNAL OF THE HOUSE,

Mr. Bell of Richmond moves to amend Paragraph 7, Section 5, Article 2 by adding in the 8th line after the word "him" the following "as determined by the Members of the General Assembly,"

Paragraph 7 was adopted as amended.

The following paragraphs were read and adopted:
Paragraph 8. Removal from District or County, Effect of. The seat of a member of either house shall be vacant upon his changing his legal residence from the district or the county from which he was elected.
Paragraph 9. Effect of Reapportionment. No reapportionment of the Senate or House of Representatives pursuant to the provisions of Section 2 or 3 above shall affect any then incumbent member of either house and such member may continue to serve out the remainder of the term for which he was elected and no vacancy shall exist with respect to such seat until the expiration of such term.
The following paragraph was read:
Paragraph 10. Compensation. The members of the General As sembly shall receive such compensation and allowances as may be prescribed by law. No change in the amount thereof shall apply to the General Assembly making such change, except that the General Assembly which convenes in 1965 may provide compensation and al lowances for the members thereof. The provisions of this Paragraph shall become effective January 1, 1965.

The following amendment to paragraph 10 was read:
Mr. Walker of Lowndes moves to amend Paragraph 10 of Section 5 of Article 2 of HR 6-1 by striking therefrom the last sentence:

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

Those voting in the affirmative were Messrs.:

Acree Alien Anderson Arnsdorff Baughman Bowen, A.

Bowen, R. W. Branch Caldwell Causby Clark, J. T. Coker, G., Dr.

DeVane Duncan, J. E. Echols Flynt Groover Harrell

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215

Herndon Hill House Isenberg Johnson, A. S., Dr. Jones, F. C. Keadle Killian Laite Lambert Leonard Logan Lowrey Matthews, D. R. McClelland McCracken

McKemie Meeks Milhollin Moate Moore Morgan, H. Murphy
Overby Payton Peterson Phillips Raulerson Roberts Rodgers, H. B. Sewell Simmons

Simpson Smith, Chas. C. Smith, R. R. Smith, V. T. Snow Steis Todd Underwood, R. R. Walker Wells, D. W. Williams, G. J. Williams, W. M.
Wilson, Hoke Wilson, J. M. Woodward

Those voting in the negative were Messrs.:

Andrews Ballard Barber Beck Bell Black Blalock, D. B. Blalock, E. Bolton Brackin Brantley Brooks, Wilson Busbee Bynum Byrd
Carr Chandler Clarke, H. G. Conger Davis Dennard Dixon Duncan, A. C.

Etheridge Flournoy Greene Griffin Harrington Harris Henderson Houston Hurst Jones, M. Jordan, J. E. Jordan, W. H. Lee, G. B. Lee, W. J. (Bill) Lee, Wm. S. Matthews, C. Mixon Odom Pafford Perry Ponsell Poole Pope

Poss Richardson Rogers, Jimmie Rowland Russell
Shea Sinclair Singer Smith, A. C., Jr. Smith, G. L. II Spikes Story Tabb Tucker, Ray M. Twitty Ware Warren Watts White Wiggins Wilkes Hudgins

Those not voting were Messrs.:

Abney Bagby Bedgood Blair Bowen, R. L. Bowen, R. P. Brooks, Geo. B. Brown

Coker, R. Conner Cullens Dean, N. Deen, H. D. Dicus Dorminy Fleming

Floyd
Fowler, A. A., Jr. Fowler, J. W. Fulford Funk Gibbons Hale Hall

216
Horton Hull Johnson, B. Jones, C. M. Jones, D. C. Kelly Keyton Kirkland Knight, D. W. Knight, W. D. Lane Lewis Lindsey Lokey Mackay McDonald

JOURNAL OF THE HOUSE,

Melton Milford Mitchell Morgan, J. H. Mullis Nessmith Newton, A. S. Newton, D. L. Paris Parker Partridge Pickard Rainey Reaves Rhodes Roper

Eutland Scarborough Shuman Smith, E. B., Jr. Stalnaker Strickland Stuckey Teague Towson Tucker, J. B. Tucker, M. K. Underwood, J. C. Vaughn Watson Wells, H. H. Smith, G. T.

On the adoption of the amendment, the ayes were 65, nays 68.

The amendment was lost.

Paragraph 10 was adopted.

The following paragraphs were read and adopted:
Paragraph 11. Elections by the General Assembly. When the Senate and the House of Representatives meet in joint session for the purpose of elections, they shall meet in the Hall of the House of Repre sentatives. All such elections shall be by a roll call vote, and the vote shall be recorded on the Journal of the House of Representatives. The President of the Senate shall preside over such joint sessions and declare the result of such elections. In the absence of the President, the Speaker of the House of Representatives shall preside and declare such results.
Paragraph 12. Disorderly Behavior or Conduct; Punishment. Each house shall have power to punish its members for disorderly behavior or misconduct by censure, fine, imprisonment, or expulsion. No member shall be expelled, however, except by the affirmative vote of two-thirds of the entire membership of the house to which he belongs.

The following paragraph was read:
Paragraph 13. Contempts. The General Assembly is hereby au thorized to provide by law the procedure by which persons may be pun ished who are guilty of contempt by any disorderly behavior in the presence of either house or any standing or special committee of either house or any interim committee created by or pursuant to authority of

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217

the General Assembly or either house. Such law may provide the punishment of any such person by a fine or imprisonment, or both.

The following amendment to paragraph 13 was read and adopted:
Mr. Groover of Bibb moves to amend paragraph 13 of Section 5 of Article 2 by striking therefrom the words:
"by any disorderly behavior in the presence."

Paragraph 13 was adopted as amended.

The following paragraph was read:
Paragraph 14. Privilege of Members. The members of both houses shall be free from arrest during sessions of the General Assembly, and in going thereto or returning therefrom, except for treason, felony or larceny. No member shall be liable to answer in any other place for anything spoken in either house or in any committee of the General Assembly or of either house.

The following amendment to paragraph 14 was read:
Mr. Shea of Chatham moves to amend Art. 2, Section 5, Paragraph 14 by inserting thereinafter "General Assembly", the phrase "while on official legislative business."

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 Acree Anderson Andrews Arnsdorff Ballard Baughman Bell Black Bowen, A. Bynum Caldwell Causby

Conger Fleming Fulford Gibbons Griffin Harrington Harris Hill Houston Hull Johnson, A. S., Dr. Johnson, B. Jones, F. C.

Jordan, W. H. Keadle Keyton Kirkland Lambert Lane Matthews, D. R. McCracken McKemie Milhollin Mitchell Morgan, H. Newton, D. L.

218
Pafford Partridge Peterson Phillips Ponsell Poole Poss Raulerson Reaves Rhodes Richardson

JOURNAL OF THE HOUSE,

Roberts Rodgers, H. B.
Roper Rowland Russell Sewell Shea Sinclair
Singer Smith, E. B., Jr. Smith, R. R.

Smith, V. T.
Snow Stalnaker Steis
Story Twitty Underwood, J. C.
Walker Wells, D. W. Williams, G. J.

Those voting in the negative were Messrs.:

Alien Barber Beck Blalock, D. B.
Blalock, E. Bolton Bowen, R. W. Branch Brooks, Wilson
Busbee Byrd Carr Clark, J. T. Clarke, H. G. Coker, G., Dr. Davis Dennard Dorminy Duncan, A. C. Duncan, J. E.
Etheridge Flournoy

Floyd Fowler, A. A., Jr. Fowler, J. W.
Greene Henderson House Hurst Isenberg Jordan, J. E. Killian Lee, G. B. Lee, W. J. (Bill) Lee, Wm. S. Logan Lowrey Matthews, C. Meeks Milford Mixon Moate Moore Odom

Overby Payton Pope Rainey Rogers, Jimmie Simmons Smith, A. C., Jr. Spikes
Tabb Tucker, J. B. Tucker, Ray M. Underwood, R. R. Vaughn
Ware Watts White Wiggins
Wilkes Williams, W. M. Hudgins

Those not voting were Messrs.:

Bagby Bedgood Blair Bowen, R. L.
Bowen, R. P. Brackin Brantley Brooks, Geo. B. Brown Chandler Coker, R. Conner Cullens Dean, N.

Deen, H. D. DeVane Dicus Dixon Echols Flynt Funk
Groover Hale Hall Harrell Herndon Horton Jones, C. M.

Jones, D. C. Jones, M. Kelly Knight, D. W. Knight, W. D. Laite Leonard Lewis Lindsey Lokey Mackay McClelland McDonald
Melton

Morgan, J. H. Mullis Murphy Nessmith
Newton, A. S. Paris Parker Perry Pickard Rutland

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219

Scarborough Shuman Simpson Smith, Chas. C. Smith, G. L. II Strickland Stuckey Teague Todd
Towson

Tucker, M. K. Warren Watson Wells, H. H. Wilson, Hoke Wilson, J. M. Woodward Smith, G. T.

On the adoption of the amendment, the ayes were 70, nays 64.

The amendment was adopted.

Paragraph 14 was adopted as amended.

Mr. Killian of Glynn moved that the House reconsider its action in adopting paragraph 14 Section 5 Article 2.

On the motion to reconsider, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Abney Acree Alien Anderson Arnsdorff Bagby Barber Baughman Beck Bedgood Bell Black Blair Blalock, D. B. Bolton Bowen, R. L. Bowen, R. W. Brackin Branch Brooks, Geo. B. Brooks, Wilson

Busbee Byrd Causby Chandler Clark, J. T.
Clarke, H. G. Coker, G., Dr. Davis Dean, N. Dennard Duncan, J. E. Echols Etheridge Fleming Flournoy Floyd Fowler, J. W. Fulford Gibbons Greene Griffin

Hale Harrington Harris Henderson Herndon Hill House Hurst Isenberg Johnson, A. S., Dr. Jones, F. C. Jordan, J. E. Jordan, W. H. Keadle Killian Kirkland Knight, W. D. Lee, Wm. S. Logan Lowrey Matthews, C.

220
McClelland Meeks Melton Milford Mitchell Mixon Moore Morgan, J. H. Nessmith Odom Overby Parker Payton Peterson Pope Rainey Raulerson

JOURNAL OF THE HOUSE,

Roberts Rodgers, H. B. Rogers, Jimmie
Roper Rowland Sewell Shea Simmons Simpson Sinclair Singer Smith, A. C., Jr. Smith, R. R. Smith, V. T. Snow Stalnaker Steis

Story Tabb Tucker, J. B. Tucker, Ray M. Twitty Underwood, R. R. Vaughn Warren Watts Wells H. H. White Wiggins Williams, W. M. Wilson, Hoke Woodward Hudgins

Those voting in the negative were Messrs.:

Ballard Dorminy Duncan, A. C. Houston Johnson, B. Lambert Lane

Lee, G. B. Matthews, D. R. McCracken Morgan, H. Pafford Phillips Pickard

Ponsell Poss Rhodes Richardson Walker

Those not voting were Messrs.:

Andrews Blalock, E. Bowen, A. Bowen, R. P. Brantley Brown Bynum Caldwell Carr Coker, R. Conger Conner Cullens Been, H. D. DeVane Dicus Dixon Flynt Fowler, A. A., Jr.
Funk Groover Hall Harrell Horton Hull

Jones, C. M. Jones, D. C. Jones, M. Kelly Keyton Knight, D. W. Laite Lee, W. J (Bill) Leonard Lewis Lindsey Lokey Mackay McDonald McKemie Milhollin Moate Mullis Murphy Newton, A. S. Newton, D. L. Paris Partridge Perry Poole

Reaves Russell Rutland Scarborough Shuman Smith, Chas. C. Smith, E. B., Jr. Smith, G. L. II
Spikes Strickland Stuckey Teague Todd Towson Tucker, M. K. Underwood, J. C.
Ware Watson Wells, D. W. Wilkes Williams, G. J. Wilson, J. M. Smith, G. T.

WEDNESDAY, MAY 20, 1964

221

On the motion to reconsider, the ayes were 113, nays 19.

The motion prevailed and the House has reconsidered.

On the motion to adopt paragraph 14 without an amendment the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Acree Arnsdorff Bagby Beck Bell Blair Blalock, D. B. Blalock, E. Bolton Bowen, R. L. Bowen, R. W. Brackin Brooks, Wilson Busbee Byrd Carr Clarke, H. G. Coker, G. Dr. Dean, N. Dennard Dorminy Duncan, A. C. Duncan, J. E. Echols Etheridge Flournoy Floyd Fowler, J. W. Greene

Griffin Harrell Harrington Harris Henderson Hill House Hurst Isenberg Jones, F. C. Jordan, J. E. Jordan, W. H. Killian Laite Lambert Lee, W. J. (Bill) Lee, Wm. S. Logan Lokey Lowrey Matthews, C. McClelland Meeks Melton Milford Mixon Moate Moore Morgan, H.

Overby Parker Payton Phillips Pickard Pope Raulerson Rodgers, H. B. Rogers, Jimmie Rowland Sinclair Smith, A. C., Jr. Smith, Chas. C. Smith, E. B., Jr. Smith, V. T. Spikes Story Tabb Tucker, Ray M. Twitty Underwood, R. R. Vaughn Ware Watts Wells, H. H. Wiggins Williams, W. M. Wilson, Hoke Hudgins

Those voting in the negative were Messrs.:

Abney Alien Anderson Ballard Barber Baughman Black Bowen, A.

Branch Brooks, Geo. B. Bynum Causby Clark, J. T. Fleming Gibbons Hale

Houston Johnson, A. S. Dr. Johnson, B. Keadle Kirkland Knight, W. D. Lane Lee, G. B.

222
Matthews, D. R. Milhollin Mitchell Morgan, J. H. Nessmith Odom Pafford Paris Partridge Peterson Ponsell

JOURNAL OF THE HOUSE,

Poss Rainey Reaves Rhodes Richardson Roberts Roper Sewell Shea Simmons Simpson

Singer Smith, R. R. Snow Steis Tucker, J. B. Walker Warren Williams, G. J. Woodward

Those not voting were Messrs.:

Andrews Bedgood Bowen, R. P. Brantley Brown Caldwell Chandler Coker, R. Conger Conner Cullens Davis Deen, H. D. DeVane Dicus Dixon Flynt Fowler, A. A. Jr. Fulford Funk Groover

Hall Herndon Horton Hull Jones, C. M. Jones, D. C. Jones, M. Kelly Keyton Knight, D. W. Leonard Lewis Lindsey Mackay McCracken McDonald McKemie Mullis Murphy Newton, A. S. Newton, D. L.

Perry Poole Russell Rutland
Scarborough Shuman Smith, G. L. II Stalnaker Strickland Stuckey Teague Todd Towson Tucker, M. K. Underwood, J. C.
Watson Wells, D. W. White Wilkes Wilson, J. M. Smith, G. T.

On the adoption of paragraph 14, the ayes were 87, nays 55.

The paragraph 14 was adopted.

The following paragraphs were read and adopted:
SECTION 6
IMPEACHMENTS
Paragraph 1. Power to Impeach. The House of Representatives shall have the sole power to vote impeachment charges against any person who shall hold any State office or against any public officer compensated in whole or in part from State funds.

WEDNESDAY, MAY 20, 1964

223

Paragraph 2. Impeachments; Trial of Impeachments. The Senate shall have the sole power to try impeachments. When sitting for that purpose, the members shall be on oath or affirmation and shall be pre sided over by the Chief Justice of the Supreme Court. Should the Chief Justice be disqualified, the Senate shall elect a Justice of the Supreme Court to preside. No person shall be convicted without the concurrence of two-thirds of the membership.

Paragraph 3. Judgments in Impeachment. In cases of impeach ment, judgments shall not extend further than removal from office and disqualification to hold and enjoy any office of honor, trust, or profit within this State; but no such judgment shall relieve any party from any criminal or civil liability.

SECTION 7

GENERAL ASSEMBLY; EXERCISE OF POWERS

Paragraph 1. Powers of the General Assembly; Rules of Each House. The General Assembly shall have the power to make all laws not inconsistent with this Constitution and not repugnant to the Con stitution of the United States. Where this Constitution merely affirms the power of the General Assembly, further provisions as to the ex ercise of such power, unless the contrary plainly appears, shall be con strued as discretionary and not mandatory or restrictive. Each house may determine and adopt rules governing its proceedings consistent with the laws and Constitution of this State.

Paragraph 2. Bills to be Read. Except for resolutions extending regular annual sessions, every bill, and every resolution intended to have the effect of law, shall be read three times and on three separate days in each house before it shall pass, unless in case of invasion or insurrection; but the first and second readings may consist of the read ing of the title only.

Paragraph 3. Roll Call Vote, When Taken. At the desire of onefifth of the members present, a roll call vote on any question shall be taken and shall be entered on the journal.

Paragraph 4. Journals and Acts. Each house shall keep a journal of its proceedings and publish it immediately after its adjournment. The General Assembly shall provide for the publication of the laws passed at each session. After publication, the original journals shall be preserved in the office of the Secretary of State, but there shall be no other record thereof.

Paragraph 5. Roll Call Vote to be Entered, When. Whenever this Constitution requires a vote of two-thirds of either or both houses for the passage of a bill or resolution, a roll call vote shall be taken in each house and shall be entered on its respective journal.
Paragraph 6. Majority of Members to Pass Bill. No bill, and no resolution intended to have the effect of law, shall become a law unless

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JOURNAL OP THE HOUSE,

it shall receive a majority of the votes of all the members elected to each house of the General Assembly, and such vote shall so appear on the journal of each house.

Paragraph 7. Acts Signed. All acts shall be signed by the Presi dent of the Senate and the Speaker of the House of Representatives.

Paragraph 8. Rejected Bills. Any Bill, or any Resolution intended to have the effect of law, which shall have been rejected by either house, shall not be introduced again in the house rejecting the same in the same or similar form during the same session at which it was rejected without the concurrence of two-thirds of the membership of the house by which the same was rejected.

Mr. Hale of Bade asked unanimous consent that the House reconsider its action in adopting paragraph 14, Section 5 Article 2.
The consent was granted and the House has reconsidered.
The following amendment to paragraph 14 was read and adopted.
Mr. Hale of Dade moves to amend paragraph 14 Section 6 Article 2 as fol lows:
The members of both houses shall be free from arrest during ses sions of the General Assembly, and in going thereto or returning there from, and at all other times while engaged in official legislative busi ness except for treason, felony or larceny. No members shall be liable to answer in any other place for anything spoken in either house or in any committee of the General Assembly or of either house.
Paragraph 14 was adopted as amended.
The following paragraphs were read and adopted:
SECTION 8
ENACTMENT OP LAWS
Paragraph 1. One Subject Matter Expressed. No law shall pass which refers to more than one subject matter or contains matter dif ferent from what is expressed in the title thereof.
Paragraph 2. Statutes and Sections of Code, How Amended. No law or section of the Code shall be amended or repealed by mere re-

WEDNESDAY, MAY 20, 1964

225

ference to its title or to the number of the section of the Code, but the amending or repealing act shall distinctly describe the law to be amend ed or repealed as well as the alteration to be made.
Paragraph 3. Notice of Intention to Introduce Local Legislation. No local or special bill shall be passed unless notice of the intention to introduce same has been published in the newspaper in which the sheriff's advertisements for the locality affected are published, once a week for three consecutive weeks during a period of sixty days im mediately preceding its introduction into the General Assembly. No local or special bill shall become law unless there is attached to and made a part of said Bill a copy of said notice accompanied by an affi davit or certificate of a duly authorized representative of the newspaper or accompanied by an affidavit of the author to the effect that said notice has been published as provided herein and specifying the dates of publication.
Paragraph 4. Elective Offices, Abolishment. No office to which a person has been elected shall be abolished nor the term of such office shortened or lengthened by local or special act so as to abolish such office or shorten or lengthen the term thereof during the term for which such person was elected, unless such act be approved by a majority of those qualified voters of the jurisdiction affected voting in a referen dum. When any local law shall add any member or members to any municipal or county governing authority, the members of which are elected by the people, such local law shall provide that the member or members so added shall be elected by the qualified voters of the political subdivision affected under such rules as the General Assembly may provide in said law.
Paragraph 5. Recognizances. The General Assembly shall have no power to relieve principals or sureties upon forfeited recognizances from the payment thereof, either before or after judgment thereof, un less the principal in the recognizance shall have been apprehended and placed in the custody of the proper officers.
Paragraph 6. Abridgement of Right of Eminent Domain. The exercise of the right of eminent domain shall never be abridged or construed so as to prevent the General Assembly from taking property and franchises and subjecting them to public use.
Paragraph 7. Abridgement of Police Power. The exercise of the police power of the State shall never be abridged. Such power, however, shall not be construed so as to infringe upon the right of every citizen to enjoy equal protection under the law.
Paragraph 8. Corporate Powers, How Granted. The General As sembly shall have no power to grant corporate powers and privileges to private companies, but it shall provide by law the manner in which such powers shall be exercised by the superior courts. The Secretary of State shall issue and grant all corporate powers and privileges to banking, trust, insurance and railroad companies in such manner as shall be prescribed by law. The General Assembly shall provide by law how such charters shall be issued and granted in the event the Secre tary of State shall become disqualified or unable to act.

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: ..-!.'
i :

Paragraph 9. Charters Revised or Amended Subject to Consti tution. The General Assembly shall not remit the forfeiture of the charter of any corporation now existing, or alter or amend the same, or pass any other general or special law for the benefit of said corporation, except upon the condition that such corporation shall thereafter hold its charter subject to the provisions of this Constitution, Every amendment of any charter of any corporation in this State, or any special law for its benefit, accepted thereby, shall operate as a no vation of said charter and shall bring the same under the provisions of this Constitution.

Paragraph 10. Change of Name, How Granted. The General As sembly shall have no power to change the names of any person or per sons, but it shall provide by law the manner in which such power shall be exercised by the superior courts.

Paragraph 11. Change of Election Precincts, How Granted. The General Assembly shall have no power to establish, abolish, or other wise change election precincts, but it shall provide by general law of uniform application the manner in which such power shall be exercised.

Paragraph 12. Contracts to Defeat Competition. All contracts and agreements which may have the effect of, or are intended to have the effect of, defeating or lessening competition or of encouraging monoply shall be illegal and void. The General Assembly shall enforce the pro visions of this Paragraph by appropriate legislation.

Mr. Bowen of Randolph asked unanimous consent that the House reconsider its action in adopting paragraph 3, Section 8 Article 2.

The consent was granted and the House has reconsidered.

The following amendment to paragraph 14 was read and adopted:
Mr. Bowen of Randolph moves to amend Article 2 Section 8 para graph 3 by striking therefrom the word "consecutive" after the word "Three" and before the word "weeks" in the fifth line thereof.

Paragraph 3 was adopted as amended.

The following paragraphs were read and adopted:
Paragraph 13. Regulation of Insurance. The General Assembly shall enact laws to compel all insurance companies doing business in this State, whether chartered by this State or otherwise, to deposit reasonable securities with the State Treasurer to secure the people

WEDNESDAY, MAY 20, 1964

227

against loss by the operations of said companies. The General Assembly shall compel all insurance companies doing business in this State, uncler penalties, to make annual reports to the Insurance Commissioner or other designated official or officials and print the same at their own expense, for the information and protection of the people.

Paragraph 14. Public Utilities, Tariffs and Charges. The power and authority of regulating railroad freight and passenger tariffs and of charges of public utilities for their services, of preventing unjust discriminations, and requiring reasonable and just rates of freight and passenger tariffs and of charges of public utilities, are hereby conferred upon the General Assembly, whose duty it shall be to pass laws from time to time, to regulate such tariffs and charges, to prohibit unjust discriminations by the various railroad and public utilities of this State, and to prohibit said railroads and public utilites from charging other than just and reasonable rates and to enforce the same by adequate penalties, provided, nevertheless, that such power and authority shall never be exercised in any way to regulate or fix charges of such public utilities as are or may be owned or operated by any county or munici pality of this State; except as provided in this Constitution.

Paragraph 15. Rebates. No public utility company shall give or pay any rebate, or bonus in the nature thereof, directly or indirectly, or do any act to mislead or deceive the public as to the real rates charged or received for freight or passage or services furnished. Any such payments shall be illegal and void, and these prohibitions shall be en forced by suitable penalties.

SECTION 9

REVENUE BILLS

Paragraph 1. Bills for Revenue. All Bills for raising revenue or appropriating money shall originate in the House of Representatives, but the Senate may propose or concur in amendments as in other Bills.

Paragraph 2. Public money. How Drawn. No money shall be drawn from the State Treasury except pursuant to this Constitution or by appropriations made by law pursuant to this Constitution.

Paragraph 3. Bills Appropriating Money. No Bill or Resolution appropriating money shall become a law unless, upon its passage, a roll call vote in each house is recorded.

SECTION 10
APPROPRIATIONS
Paragraph 1. Preparation, Submission and Enactments of General Appropriations Bill.

(a) The Governor shall submit to the General Assembly within five days after its convening in every odd-numbered year, a budget message

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and a budget report, accompanied by a draft of a General Appropri ations Bill, in such form and manner as may be prescribed by statute, which shall provide for the appropriation of the funds necessary to operate all the various departments and agencies, to pay the public debt and to meet the current expenses of the State for each of the next two ensuing fiscal years.

(b) The General Assembly shall biennially appropriate the funds necessary to operate all the various departments and agencies, to pay the public debt and meet the current expenses of the State for each of the next two fiscal years. The fiscal year of the State shall com mence on the first day of July of each year and terminate on the last day of June following.

(c) The General Assembly shall by general law provide for the regulation and management of the financial and fiscal administration of the State.

(d) The General Appropriation Bill shall embrace nothing except appropriations fixed by previous laws, the ordinary expenses of the Executive, Legislative and Judicial Departments of the Government, payment of the public debt and interest thereon, and for support of the public institutions and educational interests of the State. All other appropriations shall be made by separate bills, each embracing but one subject.

The Speaker announced the House recessed until 1:45 p.m. AFTERNOON SESSION
The Speaker called the House to order at 1:45 p.m.

The following Resolutions of the House were read and adopted:

HR 37. By Messrs. Nessmith of Bulloch, Lowrey and Towson of Floyd and others:
A RESOLUTION
Expressing regrets at the passing of Mr. R. W. Fincher of Floyd County, Georgia; and for other purposes.
WHEREAS, Mr. R. W. Fincher passed away on April 23, 1964, in Floyd County, Georgia; and
WHEREAS, Mr. Fincher had been a resident of Cave Spring in Floyd County since childhood; and

WEDNESDAY, MAY 20, 1964

229

WHEREAS, Mr. Fincher was a member of Cave Spring Baptist Church and had been very active in the church since childhood; and

WHEREAS, Mr. Fincher was active in Federal, State and County Soil Conservation programs, as well as in the preservation of wildlife; and

WHEREAS, Mr. Fincher was active in several civic and fraternal organizations in Floyd County; and

WHEREAS, he was a member of the Floyd County Board of Roads and Revenues at the time of his death; and

WHEREAS, Floyd County and the State of Georgia has suffered a great loss in the death of this civic, religious and educational leader;

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY that this body does hereby express its deepest sympathy at the passing of Mr. Fincher.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to forward appro priate copies of this Resolution to the immediate family of Mr. R. W. Fincher and in particular to his wife, Mable Lipham Fincher.

HR 39. By Messrs. Sinclair of Macon, Tabb of Miller, and many many others:
A RESOLUTION
Congratulating the Honorable Emory L. Rowland; and for other purposes.
WHEREAS, the Honorable Emory L. Rowland is today celebrating his 62nd birthday; and
WHEREAS, for twenty years the distinguished Gentleman has served as a member of the House of Representatives from Johnson County; and
WHEREAS, during his long years of public service, the Gentleman from Johnson has sponsored and enacted many items of legislation of lasting benefit; and
WHEREAS, all the members of this body consider it a distinct pleasure to have served in the honorable institution with him; and
WHEREAS, Representative Rowland has particularly endeared himself to the hearts of the members of this body with those resolutions introduced on the last day of many sessions which do one thing, and one thing only.

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NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body's most heartiest congratulations are extended to the Honorable Emory L. Rowland on this, his birthday, and many more years of public service in this body are wished for him.

BE IT FURTHER RESOLVED that the Clerk of the House is hereby authorized and instructed to transmit a suitable copy of this Resolution to the Honorable Emory L, Rowland, Representative, Johnson County.

HR 40. By Messrs. Harris of DeKalb, Dixon of Ware and Jones of Muscogee:
A RESOLUTION
Congratulating Jeanette Jones; and for other purposes.
WHEREAS, Jeanette Jones, the beautiful and charming wife of the Honorable Milton Jones, distinguished Representative from Muscogee County, is today celebrating her birthday; and
WHEREAS, it is the desire of this body to extend to Mrs. Jones, on this important day of her life, best wishes and many happy returns of the day; and
WHEREAS, it is always a distinct pleasure to enjoy the company of this most charming and gracious lady.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby extend its heartiest congratulations and best wishes of the day to Mrs. Jeanette Jones, the lovely wife of the Honorable Milton Jones, Representative, Muscogee County.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby authorized and instructed to transmit a suitable copy of this Resolution to Mrs. Jeanette Jones, 3438 Sue Mack Drive, Columbus, Georgia.

By unanimous consent, HR 6-1 was again taken up.

Mr. Groover of Bibb asked unanimous consent that the House reconsider its action in adoption sub-section (d) Paragraph 1 Section 10.
The consent was granted and the House has reconsidered.
The following amendment was read and adopted:

WEDNESDAY, MAY 20, 1964

231

Mr. Groover of Bibb moves to amend HR 6-1 as follows:

By adding after the word appropriation in paragraph 1 (d) of Sec tion 10 of Article 2 the following language:

"including appropriations authorizing the issuance of additional bonds which may be issued pursuant to the authority of Article 5 of this Constitution."

Paragraph 1 Sub-section (d) was adopted as amended.
The following paragraphs were read and adopted:
Paragraph 2. General Appropriations Act.
(a) Each General Appropriations Act now of force or hereafter adopted, with such amendments as are adopted from time to time, shall continue in force and effect for the next two ensuing fiscal years after adoption, and it shall then expire except for the mandatory appropri ations required by this Constitution and those required to meet con tractual obligations authorized by this Constitution and the continued appropriation of federal grants.
(b) The General Assembly shall not appropriate funds for any given fiscal year which, in aggregate, exceed a sum equal to the amount of unappropriated surplus expected to have accrued in the State Trea sury at the beginning of the fiscal year, together with an amount not greater than the total Treasury receipts from existing revenue sources anticipated to be collected in the fiscal year, less refunds, as estimated in the Budget Report and amendments thereto. Supplementary appro priations, if any, shall be made in the manner provided in Article 2, Section 10, Paragraph 3 of this Constitution, but in no event shall a supplementary appropriations act continue in force and effect beyond the expiration of the General Appropriations Act in effect when such supplementary appropriations act was adopted and approved.
(c) All appropriated funds, except for the mandatory appropri ations required by this Constitution, remaining unexpended and not contractually obligated at the expiration of such General Appropriations Act, shall lapse.
(d) All federal funds received by the State are hereby continually appropriated in the exact amounts and for the purposes authorized and directed by the United States Government in making the grant.

The following sub-section to paragraph 2 was read:
(e) The State, State institutions, departments and agencies of the State are hereby prohibited from entering into any contract with any public agency, public corporation or authority pursuant to the provi-

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sions of Article 5, Section 3, Paragraph 3, when such contract consti tutes security for bonds or other obligations issued by any such public agency, public corporation, or authority, and the appropriation or ex penditure of any funds for the payment of obligations under any such contract is likewise prohibited at any time when the aggregate annual payments under all such contracts, including the contract or contracts proposed to be entered into, exceed 15% of the total revenue receipts, less refunds, of the State Treasury in the fiscal year immediately pre ceding the making and entering into of any such contract; provided, however, this provision shall not affect contracts validly entered into prior to the adoption of this Constitution or which conform to this provision at the time the same are hereafter executed. The execution of any such contract is further prohibited until the General Assembly has specifically provided funds in an Appropriations Act for the pay ment of at least one year's rental under such contract.

The following amendment to subsection (e) was read and adopted:
Mr. Groover of Bibb moves to amend paragraph 2 (e) Section 10 of Article 2 as follows:
By adding at the end of the last sentence thereof the following:
". . . , which appropriation shall also provide the maximum amount of bonds that may be issued pursuant thereto."

Paragraph 2 (e) was adopted as amended.

The following paragraphs were read and adopted:
(f) The obligation assumed by the State or any department or agency thereof pursuant to any contract authorized pursuant to the provisions of Article 5 of this Constitution shall constitute a general obligation of the State and the General Assembly shall include in each General Appropriations Act in the appropriation payable to each de partment or agency thereof, in addition to such other items as may be included in such appropriation, and whether or not any other items are included, sums sufficient to satisfy the payments required to be made by the State or any department or agency thereof in each year under contracts now or hereafter entered into pursuant to said Article 5 with any State authority or public corporation which was created and acti vated prior to January 1, 1961, which such contracts constitute security for bonds or other obligations heretofore or hereafter issued by any such authority or public corporation. In the event for any reason any such appropriation is not made, then the fiscal officers of the State are hereby authorized and directed to set up on their appropriation accounts in each fiscal year as an appropriation the respective amounts required by each such department or agency to pay the obligations called for under any such contract. The amount of the appropriation in each fiscal year to meet such contractual obligations shall be due

WEDNESDAY, MAY 20, 1964

233

and payable to each such department or agency in each fiscal year to be expended to pay such contractual obligations as set forth in said contracts and said appropriation shall have the same legal status as if the General Assembly had included the amount of the appropriation in a General Appropriations Act.

Paragraph 3. Supplementary Appropriation Acts. In addition to the appropriations made by the General Appropriations Act and amend ments thereto, the General Assembly may make additional appropriations
by supplementary appropriation acts, but no such supplementary ap propriation shall be available unless there is an unappropriated surplus in the State Treasury or the additional revenue measures necessary to provide such supplementary appropriation shall have been enacted. Neither house shall pass a supplementary appropriation Bill until the General Appropriations Act shall have been finally adopted by both houses and approved by the Governor.

Mr. Busbee of Dougherty moved that further consideration of the remainder of this article be postponed until Thursday, May 21, 1964.

The motion prevailed and the remander of Article 2 was postponed until

tomorrow.

<

The following paragraphs were read and adopted:
ARTICLE 3
JUDICIARY
SECTION 1
COURTS
Paragraph 1. Courts Enumerated. The judicial power of this State shall be vested exclusively in one Supreme Court, one Court of Appeals, trial courts of general jurisdiction known as the Superior Courts, Courts of Ordinary and such other courts as have been or may be established by law.
SECTION 2
THE SUPREME COURT
Paragraph 1. Supreme Court Justices. The Supreme Court shall consist of seven justices who shall from time to time, as they deem proper, elect one of its members as Chief Justice, and one as Presiding Justice. The Court shall have power to hear and determine cases when sitting as a body under such regulations as may be prescribed by its rules. A majority of the Court shall constitute a quorum but the con currence of four justices shall be necessary for a decision in any case.

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Paragraph 2. Jurisdiction.

(a) Original Jurisdiction. The Supreme Court shall have no origi nal jurisdiction, but shall be a court for the trial and correction of errors of law, and shall have such other powers as is necessary in the exercise of its appellate jurisdiction and in the performance of its duties, in cluding the power to grant supersedeas at any time pending appeal.

(b) Appellate Jurisdiction. The Supreme Court shall have juris diction with respect to the trial and correction of errors of law from the superior courts and from such other courts as now or hereafter authorized by law, in cases involving the interpretation or application of the Constitution of the United States or of the State of Georgia, or of treaties between the United States and foreign governments; in all cases in which the constitutionality of any law of the United States or of the State of Georgia is drawn in question, including municipal ordinances and resolutions adopted by county governing bodies, and rules and regulations adopted by public administrative agencies created by law; in all cases of conviction of a capital felony; in all equity cases; in all cases involving extraordinary remedies; in all cases involving the validity of or the construction of wills; in all cases certified to it by the Court of Appeals for its determination; and, until otherwise provided by its rules or by law, in all cases respecting title to land, in all habeas corpus cases and in all divorce and alimony cases; and in such other classes of cases as may be prescribed by law. The Supreme Court shall have discretionary power to require any case to be certified by certiorari or otherwise to the Supreme Court from the Court of Appeals for review and determination with the same power and au thority as if the case had been carried directly to the Supreme Court. The Supreme Court also shall have jurisdiction of and shall decide cases transferred to it by the Court of Appeals because of an equal division between the Judges of that Court when sitting as a body for the de termination of cases. The decisions of the Supreme Court shall bind all other courts of this State as precedents.

The following paragraph was read:
Paragraph 3. Powers of Supreme Court.
(a) The Supreme Court, with the counsel and advice of the Judges of the Court of Appeals, the Judges of the Superior Courts and such committee of the Bar of Georgia as the Supreme Court may appoint, shall have the power to submit rules governing practice and procedure for the judicial system to the General Assembly during the first ten days of any regular session, and if the General Assembly by concurrent action of both houses approves such rules, they shall become effective ten days after the date of adjournment. Any rules so submitted shall be subject to amendment by the General Assembly, and if the Court shall approve such amendments, the rules as so amended shall then become effective. If the Court shall not approve such amendment, the rules shall not become effective. The rules in force upon the effective date of this Constitution shall continue in force until changed as above provided.

WEDNESDAY, MAY 20, 1964

235

The following amendment was read:

Mr. Hull of Richmond moves to amend Committee Substitute to HE 6-1 as follows:

By striking from Article 3, Section 2, Paragraph 3(a) the words "if the courts shall approve such Amendment" and the words "if the court shall not approve such amendment, the rules shall not become effective."

Mr. Conger of Decatur moved that the amendment be printed.

On the motion to print, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Acree Alien Anderson Ballard Baughman Bell Black Bowen, R. L. Bowen, R. W. Brackin Brown Chandler Coker, G., Dr. Conger Cullens Dixon Dorminy Fleming Floyd Flynt Fulford Gibbons Griffin Harrington

Harris Houston Hull Isenberg Johnson, A. S., Dr. Johnson, B. Jordan, J. E. Keadle Killian Kirkland Knight, W. D. Lewis Lowrey Matthews, C. Matthews, D. R. McCracken Meeks Milford Milhollin Mitchell Mixon Moate Moore Morgan, J. H. Murphy

Nessmith Overby Paris Partridge Perry Ponsell Poss Raulerson Roberts Rodgers, H. B. Roper Rowland Sewell Smith, R. R. Snow Tabb Todd Tucker, J. B. Underwood, R. R. Walker Warren White Wilkes Wilson, Hoke Wilson, J. M.

Those voting in the negative were Messrs.:

Arnsdorff Bagby Barber Blair Blalock, D. B.

Bolton Bowen, A. Brooks, Wilson Bynum Byrd

Caldwell Clarke, H. G. Coker, R. Davis Funk

236
Greene Groover Harrell Henderson House Jones, M. Jordan, W. H. Kelly Knight, D. W. Laite

JOURNAL OF THE HOUSE,

Lambert Lee Melton Morgan Peterson Phillips Pope Shea Sinclair Smith, A. C., Jr.

Story Strickland Towson
Twitty Vaughn Watts Wells, D. W. Wiggins

Those not voting were Messrs.:

Andrews Beck Bedgood Blalock, E. Bowen, R. P. Branch Brantley Brooks, Geo. B. Busbee Carr Causby Clark, J. T. Conner Dean, N. Deen, H. D. Dennard DeVane Dicus Duncan, A. C. Duncaii, J. E. Echols Etheridge Plournoy Fowler, A. A., Jr. Fowler, J. W. Hale Hall Herndon Hill

Horton Hurst Jones, C. M. Jones, D. C. Jones, F. C. Keyton Lane Lee, G. B. Lee, W. J. (Bill) Leonard Lindsey Logan Lokey Mackay McClelland McDonald McKemie Mullis Newton, A. S. Newton, D. L. Odom Pafford Parker Payton Pickard Poole Rainey Reaves Rhodes

Richardson Rogers, Jimmie Russell Rutland Scarborough Shuman Simmons Simpson Singer Smith, Chas. C. Smith, E. B., Jr. Smith, G. L. II Smith, V. T. Spikes Stalnaker Steis Stuckey Teague Tucker, M. K. Tucker, Ray M. Underwood, J. C. Ware Watson Wells, H. H. Williams, G. J. Williams, W. M. Woodward Hudgins Smith, G. T.

On the motion to print, the ayes were 75, nays 43.

The motion prevailed, and the amendment was ordered printed.

Mr. Bolton of Spalding moved that the House do now adjourn until 10:00 o'clock a.m. tomorrow morning.

WEDNESDAY, MAY 20, 1964

237

On the motion to adjourn the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Abney Arnsdorff Beck Black Blair Bolton Bowen, A. Bowen, R. L. Bowen, R. W. Brooks, Wilson Brown Busbee Bynum Caldwell Davis Dennard Pulford

Groover Hale Henderson House Hurst Jordan, W. H. Laite Lambert Lee, W. J. (Bill) Lee, Wm. S. Logan McClelland Meeks Morgan, H. Odoni Overby Perry

Peterson Ponsell Sewell Shuman Singer Snow Spikes Steis Story Teague Tucker, Ray M. Twitty Watts Wells, D. W. Hudgins

Those voting in the negative were Messrs.:

Acree Alien Anderson Barber Baughman Brantley Byrd Causby Chandler Clark, J. T. Conger Cullens Deen, H. D. Dixon Dorminy Duncan, A. C. Fleming Gibbons Greene Griffin Harrington Harris Houston

Hull Isenberg Johnson, A. S., Dr. Johnson, B. Jones, M. Keadle Kelly Keyton Killian Kirkland Lee, G. B. Lewis Matthews, C. McCracken Milford Milhollin Mitchell Moate Moore Morgan, J. H. Murphy Nessmith Paris

Partridge Poss Rainey Raulerson Rhodes Richardson Rogers, Jimmie Shea Simpson Sinclair Smith, A. C., Jr. Smith, E. B., Jr. Smith, V. T. Todd Tucker, J. B. Underwood, R. R. Walker Warren White Wiggins Williams, G. J. Wilson, Hoke Woodward

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Those not voting were Messrs.:

Andrews Bagby Ballard Bedgood Bell Blalock, D. B. Blalock, E. Bowen, R. P. Brackin Branch Brooks, Geo. B. Carr
Clarke, H. G. Coker, G., Dr. Coker, R. Conner Dean, N. DeVane Dicus Duncan, J. E. Echols Etheridge Flournoy Floyd Flynt Fowler, A. A., Jr. Fowler, J. W. Funk Hall

Harrell Herndon Hill Horton Jones, C. M. Jones, D. C. Jones, F. C. Jordan, J. E. Knight, D. W. Knight, W. D. Lane Leonard Lindsey
Lokey Lowrey Mackay Matthews, D. R. McDonald McKemie Melton Mixon Mullis Newton, A. S. Newton, D. L. Pafford Parker Payton Phillips Pickard

Poole Pope Reaves Roberts Rodgers, H, B. Roper Rowland Russell Rutland Scarborough Simmons Smith, Chas. C. Smith, G. L. II Smith, R. R. Stalnaker Strickland Stuckey Tabb
Towson Tucker, M. K. Underwood, J. C. Vaughn Ware Watson Wells, H. H. Wilkes Williams, W. M. Wilson, J. M. Smith, G. T.

On the motion to adjourn, the ayes were 49, nays 69.

The motion lost.
The following amendment to paragraph 3 (a) was read:
Mr. Killian of Glynn moves to amend committee substitute to HR No. 6-1 as follows:
By striking from Article 3, Section 2, Paragraph 3 (a) the words "if the Court shall approve such amendments" and the words "If the Court shall not approve such amendment, the rules shall not become effective." and
By adding to said Paragraph the following language, "The General Assembly may from time to time amend or repeal any such rules

WEDNESDAY, MAY 20, 1964

239

adopted pursuant to the provisions of this Paragraph," and

By striking the words "ten days after the date of adjournment" and inserting in lieu thereof the words "ninety days after the date of ad journment".

Mr. Groover of Bibb moved that the amendment be printed.

On the motion to print, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs:

Abney Arnsdorff Beck Black Blair Bolton Bowen, R. W. Brooks, Wilson Brown Busbee Caldwell Davis Groover Harris

House Hurst Johnson, B. Jordan, W. H. Kelly Laite Lambert Lee, G. B. Lee, Wm. J. (Bill) Lee, Wm. S. Lewis Logan Odom Overby

Perry Peterson Raulerson Sewell Singer Spikes Steis Story Tucker, Ray M. Twitty Watts Wells, D. W. Hudgins

Those voting in the negative were Messrs.:

Acree Alien Anderson Barber Bell Brantley Bynum Causby Clark, J. T. Clarke, H. G. Coker, G., Dr. Conger Cullens Deen, H. D. Dixon Dorminy Duncan, A. C. Fleming

Gibbons Greene Griffin Henderson Houston Hull Isenberg Johnson, A. S., Dr. Jones, M. Keadle Keyton Killian Kirkland Matthews, C. McCracken Milford Milhollin Mitchell

Mixon Moate Moore Morgan, J. H. Murphy Nessmith Paris Partridge Ponsell Poss Rainey Rhodes Richardson Rogers, Jimmie Shea Shuman Simpson Smith, A. C., Jr.

240
Smith, E. B., Jr. Smith, G. L. II Smith, V. T. Snow

JOURNAL OF THE HOUSE,

Todd Tucker, J. B. Walker Warren

White Wiggins Williams, G. J. Woodward

Those not voting were Messrs.:

Andrews Bagby Ballard Baughman Bedgood Blalock, D. B. Blalock, E. Bowen, A. Bowen, R. L. Bowen, R. P. Brackin Branch Brooks, Geo. B. Byrd Carr Chandler Coker, R. Conner Dean, N. Dennard DeVane Dicus Duncan, J. E. Echols Etheridge Flournoy Floyd Flynt Fowler, A. A., Jr. Fowler, J. W. Fulford Funk, A. J. Hale

Hall Harrell Harrington Herndon Hill Horton Jones, C. M. Jones, D. C. Jones, F. C. Jordan, J. E. Knight, D. W. Knight, W. D. Lane Leonard Lindsey Lokey Lowrey Mackay Matthews, D. R. McClelland McDonald McKemie Meeks Melton Morgan, H. Mullis Newton, A. S. Newton, D. L. Pafford
Parker
Payton
Phillips Pickard

Poole Pope Reaves Roberts Rodgers, H. B. Roper Rowland Russell Rutland Scarborough Simmons Sinclair Smith, Chas. C. Smith, R. R. Stalnaker Strickland Stuckey Tabb Teague Towson Tucker, M. K. Underwood, J. C. Underwood, R. R. Vaughn Ware Watson Wells, H. H. Wilkes Williams, W. M. Wilson, Hoke Wilson, J. M.
Smith, G. T.

On the motion to print, the ayes were 41, nays 66.

The motion was lost.

Mr. Harris of DeKalb moved that this House do now adjourn until 10:00 o'clock a.m. tomorrow morning.

On the motion to adjourn, the roll call was ordered and the vote was as follows:

WEDNESDAY, MAY 20, 1964

241

Those voting in the affirmative were Messrs:

Abney Arnsdorff Baughman Beck Black Blair Bolton Bowen, A. Bowen, R. L. Bowen, R. W. Brooks, Wilson Brown Bynum Byrd Caldwell Chandler Davis Dennard Duncan, A. C. Groover Hale Harrington Harris Henderson

Hill House Hurst Isenberg Johnson, A. S., Dr. Jordan, W. H. Kelly Laite Lambert Lee, G. B. Lee, W. J. (Bill) Lee, Win. S. Logan Lokey Lowrey Meeks Morgan, H. Morgan, J. H. Newton, A. S. Odom Overby Parker Perry Peterson

Ponsell Raulerson Rhodes Richardson Roper Scarborough Sewell Shea Shuman Singer Snow Spikes Steis Story Teague Tucker, Ray M. Twitty Warren Watts Wells, D. W. Wiggins Wilkes Hudgins

Those voting in the negative were Messrs.

Alien Anderson Bagby Barber Bell Brantley Conger Cullens Deen, H. D. Dixon Dorminy Fleming Gibbons Greene Griffin

Houston Hull Johnson, B. Jones, M. Keadle Keyton Killian Kirkland Matthews, C. Milford Milhollin Mitchell Mixon Moate Moore

Murphy Nessmith Paris Poss Rainey Simpson Smith, A. C., Jr. Smith, E. B., Jr. Smith, V. T. Todd Tucker, J. B. Walker White Williams, G. J. Woodward

Those not voting were Messrs.:

Acree Andrews Ballard Bedgood

Blalock, D. B. Blalock, E.
Bowen, R. P. Brackin

Branch Brooks, Geo. B. Busbee Carr

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Causby
Clark, J. T. Clarke, H. G. Coker, G., Dr. Coker, R. Conner Dean, N. DeVane
Dicus Duncan, J. E. Echols
Etheridge Flournoy Floyd Flynt
Fowler, A. A., Jr. Fowler, J. W.
Fulford Funk Hall Harrell Herndon Horton Jones, C. M.
Jones, D. C. Jones, F. C.

Jordan, J. E.
Knight, D. W. Knight, W. D. Lane Leonard Lewis Lindsey Mackay
Matthews, D. R. McClelland McCracken
McDonald McKemie Melton Mullis
Newton, D. L. Pafford
Partridge Payton Phillips Pickard Poole Pope Reaves
Roberts Rodgers, H. B.

Rogers, Jimmie
Rowland Russell Rutland Simmons Sinclair Smith, Chas. C. Smith, G. L. II
Smith, R. R. Stalnaker Strickland
Stuckey Tabb Towson Tucker, M. K.
Underwood, J. C. Underwood, R. R.
Vaughn Ware Watson Wells, H. H., Williams, W. M. Wilson, Hoke Wilson, J. M.
Smith, G. T.

On the motion to adjourn, the ayes were 71, nays 45.

The motion prevailed and the Speaker announced the House adjourned until 10:00 o'clock a.m. tomorrow morning. HR 6-1 was carried over as unfinished
business.

THURSDAY, MAY 21, 1964

243

Representative Hall, Atlanta, Georgia

Thursday, May 21, 1964

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

Prayer was offered by Rev. Wm. F. Byrd, Pastor, Buford Methodist Church, Buford, Ga.

By unanimous consent the call of the roll was dispensed with.

Mr. Clark of Monroe, Chairman of the Committee on Auditing, Enrolling, Engossing and Journals reported that the Journal of the previous legislative day had been read and found to be correct.

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

The Journal was confirmed.

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 6. 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. Groover of Bibb arose on a point of personal privilege and addressed the House.

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

HR 36-43. By Mr. Keadle of Lamar:
A Resolution proposing an amendment to the Constitution so as to create the City of Barnesville and County of Lamar Development Authority; and for other purposes.
Referred to the Committee on Local Affairs.

HB 44. By Messrs. Duncan and Wiggins of Carroll:
A Bill to be entitled an Act to change the names of certain militia districts located in Carroll County; to provide for the election of a justice of the peace; and for other purposes.
Referred to the Committee on Local Affairs.

HB 45. By Mr. Meeks of Union:
A Bill to be entitled an Act to abolish the office of County Treasurer in and for the County of Union; and for other purposes.
Referred to the Committee on Local Affairs.

HR 38-45. By Mr. Moore of Polk:
A Resolution proposing an amendment to the Constitution so as to remove therefrom those provisions relating to the Polk County Board of Education in the event of the merger of the Polk County school system and the independent school system of Cedartown and those provisions authorizing an additional two mill tax levy for educational purposes within Polk County; and for other purposes.
Referred to the Committee on Local Affairs.

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

HB 43. By Mr. Acree of Towns:
A Bill to be entitled an Act to abolish the present mode of compensat ing the sheriff of Towns County, known as the fee system; and for other purposes.

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245

HR 34-43. By Messrs. Bedgood and Matthews of Clarke:
A Resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide for the election by the people of the members of the Clarke County Board of Education from election districts within said county; and for other purposes.

SB 7. By Senators Plunkett of the 30th and Heard of the 29th:
A Bill to be entitled an Act to amend an Act providing an assistant solicitor general for the Coweta Judicial Circuit so as to fix the as sistant solictor general's salary; and for other purposes.

Mr. Hale of Bade County, Chairman of the Committee on Local Affairs submitted the following report: Mr. Speaker:

Your Committee on Local Affairs has had under consideration the following Bills and Resolutions of the House and Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 26. Do Pass. HB 27. Do Pass. HB 28. Do Pass. HB 29. Do Pass. HB 35. Do Pass as Amended. HR 27-34. Do Pass. HR 28-34. Do Pass. SB 2. Do Pass.
Respectively submitted, Hale of Dade, Chairman.

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

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

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HE 30. By Messrs. Twitty of Mitchell and Caldwell of Upson:
A Resolution relative to visiting the Atlanta municipal stadium construc tion site; and for other purposes.

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

HB 26. By Mr. Tucker of Catoosa:
A Bill to be entitled an Act to amend an Act creating the office of Commissioner of Roads and Revenues for Catoosa County, so as to change the amount of the bond required of the said Commissioner of Roads and Revenues of Catoosa County, and for other purposes.

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

On the passage of the Bill, the ayes were 120, nays 0.

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

HB 27. By Mr. Tucker of Catoosa:
A Bill to be entitled an Act to change the amount of the bond required of the Clerk of the Superior Court of Catoosa County, and for other purposes.

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

On the passage of the Bill, the ayes were 120, nays 0.

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

HB 28. By Mr. Tucker of Catoosa:
A Bill to be entitled an Act to change the amount of bond required of the Sheriff of Catoosa County, and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

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247

On the passage of the Bill, the ayes were 120, nays 0.

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

HB 29. By Mr. Tucker of Catoosa:
A Bill to be entitled an Act to amend an Act incorporating the Town of Port Oglethorpe in the counties of Catoosa and Walker, so as to require that all ordinances be read three times before final passage by the mayor and alderman, and for other purposes.

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

On the passage of the Bill, the ayes were 120, nays 0.

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

SB 2. By Senator Webb of the llth:
A Bill to be entitled an Act to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Seminole County, so as to change the salary of the Tax Commissioner of Seminole County, and for other purposes.

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

On the passage of the Bill, the ayes were 120, nays 0.

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

HB 35. By Mr. Milford of Franklin:
A Bill to be entitled an Act to incorporate and to grant a new charter to the City of Lavonia, and for other purposes.

The following Committee amendment was read and adopted:

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Amend paragraph (n) of Section 9 by deleting the phrase "provided, franchises shall not be granted without fair and adequate compensation provided for in the franchise ordinance;" and substituting in lieu thereof the following: "provide, such grant may require fair and adequate com pensation to be provided for in the franchise ordinance;".

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

On the passage of the Bill, as amended, the ayes were 120, nays 0.

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

HR 27-34. By Mr. Mixon of Irwin:
A RESOLUTION
Proposing an amendment to the Constitution so as to create the Ocilla-Irwin County Industrial Development Authority; to provide for powers, authority, funds, purposes, and procedures connected therewith; to provide for the submission of this amendment for ratification or re jection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION I
Article VII, Section V, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following:
"A. There is hereby created a body corporate and politic to be known as the 'Ocilla-Irwin County Industrial Development Author ity', which shall be an instrumentality of the State of Georgia and a public corporation and which in this amendment is hereafter re ferred to as the 'Authority'.
"B. The Authority shall consist of six members, who shall be eligible for reappointment. The Chairman of the Board of Com missioners of Roads and Revenues of Irwin County shall appoint himself and one other member of the Board to membership on the Authority. The Mayor of Ocilla shall appoint himself and one mem ber of the City Council to membership on the Authority. The Presi dent of the Irwin County Chamber of Commerce shall appoint himself and one member of the Board of Directors of the Irwin County Chamber of Commerce to membership on the Authority.

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249

The terms of office of all persons appointed to membership on the Authority shall be concurrent with their respective terms as Chairman of the Commissioners of Koads and Revenues of Irwin County, Commissioner of Roads and Revenues of Irwin County, Mayor of the City of Ocilla, Councilman of the City of Ocilla, President of the Irwin County Chamber of Commerce, and Direc tor of the Irwin County Chamber of Commerce. Vacancies for un-
expired terms shall be filled by the Chairman of the Commissioners of Roads and Revenues, Mayor of the City of Ocilla, and President of the Irwin County Chamber of Commerce in the same manner as appointments. A majority of the Directors shall constitute a quorum and the majority may act for the Authority in any matter. No vacancy shall impair the power of the Authority to act. In the event, the Chamber of Commerce of Irwin County, Georgia, be comes inoperative and elects no officers, then the City Council of Ocilla, Georgia and the Board of Commissioners of Roads and Revenues of Irwin County may appoint one member each to the Authority on behalf of said Chamber of Commerce, until the Irwin County Chamber of Commerce becomes operative again.

"C. The members of the Authority shall elect one of their members as Chairman and another as Vice-Chairman, and shall also elect a Secretary and Treasurer or a Secretary-Treasurer. The members shall receive no compensation for their services, but shall be reimbursed for their actual expenses incurred in the per formance of their duties. The Authority shall make bylaws and regulations for its government and may delegate to one or more of its members or its officers, agents, and employees such powers and duties as may be deemed necessary and proper. The Authority shall have perpetual existence as hereinafter provided.

"D. The property obligations and the interest obligations of the Authority shall have the same immunity from taxation as the property obligations and interest on the obligations of Irwin County. The exemption from taxation herein provided shall not extend to tenants nor lessees of the Authority.

"E. As used herein, the following words and terms shall have the following meanings, unless a different meaning clearly appears from the context:

(1) The word 'Authority' shall mean the Ocilla-Irwin County Industrial Development Authority', created hereby.
(2) The word 'project' shall be deemed to mean and include property, real or personal, acquired or held by the Authority for the assistance, promotion, establishment or development of a new industry or industries, or the assistance, promotion or expansion of existing industry, trade or commerce in Irwin County, or any combination thereof, the acquisition of any such property for any such purpose or purposes; the improvement of any such property or properties; or the construction, installation or expansion of one or more buildings, plants, or articles of equipment for the purpose of using, selling, donating, leasing or renting such land, properties,

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improvements, structures or equipment to public or private per sons, firms, corporations or associations for such purposes.

(3) The term 'cost of project' shall embrace: the cost of lands, buildings, improvements, machinery, equipment, properties, ease ments, rights, franchises, materials, labor and services acquired or contracted for; the cost of financing charges or interest prior to and during construction; architectural, accounting, engineering, inspec tion, fiscal or legal expenses; cost of plans or specifications; or any other expenses necessary or incident to construction or improvements, or to determining the feasibility or practicability of the project, ad ministrative expenses, or the acquisition, construction, equipping or operating of any project or any part thereof.

"F. The Authority shall have all of the powers necessary or convenient to carry out and effectuate the purposes and provisions
of this amendment, including, but without limiting the generality of the foregoing, the power:

(1) to sue and be sued;

(2) to adopt and amend a corporate seal;

(3) to make and execute contracts and other instruments necessary to exercise the powers of the Authority, any of which contracts may be made with Irwin County or the City of Ocilla. Irwin County and the City of Ocilla are hereby authorized to enter into contracts with the Authority;

(4) to receive and administer gifts, grants, and devises of any property and to administer trusts;

(5) to acquire by purchase, gift or construction of any real or personal property desired to be acquired as part of any project or for the purpose of improving, extending, adding to, reconstruct ing, renovating or remodeling any project or part thereof already acquired, or for the purpose of demolition to make room for such project or any part thereof;

(6) to sell, lease, exchange, transfer, assign, pledge, mortgage or dispose of, or grant options for such purposes, any real or per sonal property or interest therein;

(7) to mortgage, pledge, or assign any revenues, income, tolls, charges or fees received by the Authority;

(8) to issue bonds for the purposes of providing funds for carrying out the purpose of the Authority;

(9) to appoint officers and retain agents, engineers, attorneys, fiscal agents, accountants and employees and to provide their com pensation and duties;

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251

(10) to construct, acquire, own, repaid, remodel, maintain, extend, improve, and equip projects located on land owned or leased by the Authority, and to pay all or part of the cost of any such project from the proceeds of revenue-anticipation bonds of the Au thority or from any contribution or loans by persons, firms or cor porations, or any other contribution, all of which the Authority is hereby authorized to receive and accept and use;

(11) to issue revenue-anticipation bonds for the purpose of paying all or any part of the cost of any project, including the cost of extending, adding to, or improving such project, or for the purpose or refunding any such bonds of the Authority theretofore issued. Such revenue-anticipation bonds shall be issued and validated under and in accordance with the applicable provisions of the Act of the General Assembly of 1937 (Ga. Laws 1937, pp. 761 774), as amended, providing for the issuance of revenue-anticipation bonds. As security for the payment of any revenue, anticipation bonds so authorized, any property, real or personal, of the Authority may be pledged, mortgaged, conveyed, assigned, hypothecated, or other wise encumbered and the Authority may execute any trust agree ment or indenture containing any provisions not in conflict withlaw for the security of such bonds, which trust agreement or ndenture may provide for foreclosure or forced sale of any prop erty of the Authority upon default on such bonds either in payment of principal or interest or upon default in the performance of any term or condition contained in such agreement or indenture. The State of Georgia in behalf of the State and Irwin County and the City of Ocilla hereby waives any right the State, Irwin County or the City of Ocilla may have to prevent the forced sale or fore closure of any property of the Authority so mortgaged or encum bered any such mortgage or encumbrance may be foreclosed in accordance with law and the terms hereof. For purposes of the aforesaid judicial validation, the Authority shall be regarded as being located in Irwin County, and the Superior Court of Irwin County shall have jurisdiction and the requisite notices shall be published in Irwin County. If no exception is filed to the decree validating such bonds within twenty days from the date upon which such decree is entered, such decree shall be final and no appeal may be taken therefrom;

(12) to do all things necessary or convenient to carry out the powers expressly conferred by this amendment.

"G. The governing authority of Irwin County is hereby au thorized to levy an annual ad valorem tax on all taxable property located within the unincorporated areas of Irwin County not to exceed two mills per dollar on assessed valuation and the funds produced by such levy shall be used to aid and assist in the pro motion of new industries and the expansion of agriculture, trade, and commerce.

"H. The governing authority of the City of Ocilla is hereby authorized to levy an annual ad valorem tax on all taxable property located within corporate limits of said city not to exceed two mills

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per dollar on assessed valuation and the funds produced by such levy shall be used to aid and assist in the promotion of new in dustries and the expansion of agriculture, trade, and commerce.
"I. The Authority shall have the same immunity and exemption from liability for torts and negligence as the State of Georgia and the officers, agents, and employees of the Authority when in the performance of the work of the Authority shall have the same immunity and exemption from liability for torts and negligence as the officers, agents, and employees of the State of Georgia when in the performance of their public duties of work of the State. The Authority may be sued the same as private corporations on any contractual obligation of the Authority.
"J. The property of the Authority shall not be subject to levy and sale under legal process except such property, income, or funds as may be pledged, assigned, mortgaged, or conveyed to secure an obligation of the Authority, and any such property, funds or income may be sold under legal process or under any power granted by the Authority to enforce payment of the obliga tion.
"K. This amendment is adopted for the purpose of promoting and expanding the public good and welfare and industry and trade within the territorial limits of Irwin County and reducing unemploy ment to the greatest extent possible, and this amendment and any law enacted with reference to the Authority shall be liberally con strued for the accomplishment of these purposes.
"L. The General Assembly may by law further define and prescribe the powers and duties of the Authority and exercise thereof, and may enlarge and restrict the same, and may likewise further regulate the management and conduct of the Authority. The Authority shall be an instrumentality of the State of Georgia, and the scope of its operations shall be limited to the territory embraced within Irwin County. The General Assembly shall not extend the jurisdiction of the Authority nor the scope of its opera tions beyond the limits of Irwin County.
"M. There shall be no limitation upon the amount of debt which the Authority may incur, but no debt created by the Authority shall be a debt of the State of Georgia, Irwin County, or the City of Ocilla.
"N. Should said Authority for any reason be dissolved, title to all property of any kind and nature, real and personal, held by the Authority at the time of such dissolution shall be conveyed to Irwin County and the City of Ocilla, subject to any mortgages, liens, leases or other encumbrances outstanding against or in re spect to said property at that time.
"0. This amendment shall be self-executing and effective im mediately upon proclamation of its ratification by the Governor and the first members of the Authority shall be appointed within thirty days after such proclamation."

THURSDAY, MAY 21, 1964

253

SECTION 2

When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as
amended.

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

"For ratification of amendment to the Constitution so as to create the Ocilla-Irwin County Industrial Development Authority.

"Against ratification of amendment to the Constitution so as to create the Ocilla-Irwin County Industrial Development Authority."

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

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

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

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

Those voting in the affirmative were Messrs.:

Abney Acree Alien Anderson Arnsdorff Ballard
Barber Baughman Beck Bedgood

Bell Black Blair Blalock, E. Bolton Bowen, A.
Bowen, R. W. Bowen, R. P. Brackin Branch

Brantley Brooks, Geo. B. Brooks, Wilson Busbee Byrd Carr
Causby Chandler Clark, J. T. Clarke, H. G.

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Coker, G., Dr. Coker, R. Conner, J. Davis Deen, H. D. Dennard Dixon Dorminy Duncan, A. C. Duncan, J. E. Etheridge Flournoy
Floyd Flynt Fowler, A. A., Jr. Fowler, J. W. Fulford Funk Greene Groover Hall Harrell Harrington Harris Henderson Herndon Hill House Houston Isenberg Johnson, A. S., Dr. Jones, C. M. Jones, D. C. Jones, M. Jordon, J. E. Keadle Keyton Killian

Kirkland Knight, D. W. Knight, W. D. Lambert Lane Lee, G. B. Lee, W. J. (Bill) Lee, Wm. S. Leonard Lewis Logan Lokey Lowrey Mackay Matthews, C. Matthews, D. R. McCracken McDonald Meeks Milford Milhollin Mitchell Mixon Moate Morgan, H. Nessmith Newton, A. S. Odom Paris Parker Partridge Peterson Ponsell Poole Pope Poss Raulerson Reaves

Rhodes Richardson, W. J. Rodgers, H. B. Rogers, Jimmie Rowland Russell Sewell Shea Simpson Sinclair Smith, A. C., Jr. Smith, Chas. C. Smith, E. B., Jr. Snow Stalnaker Steis Story Strickland Tabb Todd Towson Tucker, J. B. Tucker, Ray M. Twitty Underwood, J. C. Underwood, R. R. Vaughn Warren Watson Watts Wells, H. H. White Wiggins Williams, G. J. Wilson, Hoke Woodward

Those not voting were Messrs.:

Andrews Bagby Blalock Bowen, R. L. Brown Bynum Caldwell Conger Cullens Dean, N. DeVane Dicus Echols

Fleming Gibbons Griffin Hale Horton Hull Hurst Johnson, B. Jones, F. C. Jordan, W. H. Kelly Laite Lindsey

McClelland McKemie Melton Moore Morgan, J. H. Mullis Murphy Newton, D. L. Overby Pafford Payton Perry Phillips

Pickard Rainey Roberts Roper Rutland Scarborough Shuman Simmons

THURSDAY, MAY 21, 1964
Singer Smith, G. L. II Smith, R. R. Smith, V. T. Spikes Stuckey Teague Tucker, M. K.

255
Walker Ware Wells, D. W. Wilkes Williams, W. M. Wilson, J. M. Hudgins Smith, G. T.

On the adoption of the Resolution, the ayes were 142, nays 0.

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

HR 28-34. By Mr. Rodgers of Charlton:
A RESOLUTION
Proposing an amendment to the Constitution so as to create the Charlton County Development Authority; to provide for powers, au thority, funds, purposes and procedure connected therewith; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1
Article VII, Section V, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following:
"A. There is hereby created a body corporate and politic in the County of Charlton to be known as the Charlton Development Au thority, Folkston, Georgia, which shall be an instrumentality of Charlton County and a public corporation and which in this amend ment is hereafter referred to as the 'Authority';"
"B. The Authority shall consist of seven members who shall serve for a term of three, two and one years and who shall be eligible for reappointment. The Original seven members shall serve terms of, Three for three years, two for two years and two for one year. They shall be W. C. Odom, R. Ward Harrison, Theo Dinkins each to serve three years; Bob Adkins, Carl Jones, Jr., each to serve two years; H. R. Johnson, Doyal Lewis each to serve one year. The subsequent members shall be appointed by the Charlton County Commissioners. Vacancies shall be filled for the unexpired term by the authority. A majority of the members shall constitute a quorum

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and a majority may act for the Authority in any matter. No va cancy shall impair the power of the Authority to act.

"C. The property, obligations and the interest on the obligation of the Authority shall have the same immunity from taxation as the property, obligations and interest on the obligations of Charlton County.

"The exemption from taxation herein provided shall not extend to tenants nor lessees of the Authority. The right of any private person to use or occupy any real estate of the Authority for a period
of one year or longer under any lease or other agreement for the purposes of taxation shall be classed as an interest in the real estate and as real property and shall be taxed as real property as now provided by law, or may be taxed as the General Assembly may hereafter provide by general or local law. The tax exemption herein provided also shall not include exemption from sale and use taxes on property purchased by the authority or for use of the Authority.

"D. The powers of the Authority shall include but not be limited to, the power:

(1) To buy, acquire, develop, improve, own, operate, maintain, sell, lease as lessor and lessee, and mortgage land, buildings and property of all kinds within Charlton County,;

(2) To receive and administer gifts, grants and donations and to administer trusts;

(3) To grant, loan and lease without adequate consideration or without any consideration and with and without security, any of its funds and property to private persons and corporations operat ing or proposing to operate any industrial plant or establishment within Charlton County. The provisions of this clause shall not be construed to limit any other power of the Authority;

(4) To borrow money and to issue notes, bonds and revenue certificates therefor and to sell, convey, mortgage, pledge and assign any and all of its funds, property and income as security therefor;

(5) To contract with Charlton County and other political sub divisions and with private persons and corporations and to sue and be sued in its corporate name;

(6) To have and exercise usual powers of private corporations except such as are inconsistent with this amendment, including the power to appoint and hire officers, agents and employees and to provide their compensation and duties, which officers and agents may or may not be members of the Authority, and the power to adopt and amend a corporate seal and by-laws and regulations for the conduct and management of the Authority;

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257

(7) To encourage and promote the expansion of industry, agriculture, trade, commerce and recreation in Charlton County, and to make long-range plans therefor;

(8) To exercise such other powers and duties as may be dele gated to it by the Charlton County Commissioners;

(9) To accumulate its funds from year to year and to invest accumulated funds in any manner that public funds of the State of Georgia or any of its political subdivisions may be invested;

(10) To designate officers to sign and act for the Authority generally or in any specific matter;

(11) To do any and all acts and things necessary or convenient to accomplish the purpose and powers of the authority as herein stated.

"E. The Authority shall not be authorized to create in any man ner any debt, liability or obligation against Charlton County or the State of Georgia.

"P. The Authority shall have the same immunity and exemption from liability for torts and negligence as the State of Georgia and the officers, agents and employees of the Authority when in perform ance of the work of the Authority, shall have the same immunity and exemption from liability for torts and negligence as the officers, agents and employees of the State of Georgia when in performance of their public duties or work of the State. The Authority may be sued the same as private corporations on any contractual obligation of the Authority;

"G. The members of the Authority shall receive only such com pensation for their services to the Authority as shall be authorized by Authority and such compensation shall be paid from funds of the Authority;
"H. The County of Charlton is authorized to levy an annual tax, not to exceed One and one half mills, on all taxable property within the County for the support of the Authority and for its use and purposes, and all funds raised by such tax shall be paid and appropriated by Charlton County to the Authority and when paid to the Authority, shall become a part of its funds and may be used by it for any of its purposes and powers as herein stated or as may be hereafter provided by law, which tax shall be in addition to all other taxes authorized by law;
"I. In order to finance any undertaking within the scope of its power or to refund any bonds then outstanding, the Authority is hereby authorized to issue bonds bearing rate or rates of interest and maturing at the years and amounts determined by the Authority and the procedure of validation, issuance and delivery shall be in all respects in accordance with the Eevenue Bond Law (Ga. Laws 1937,

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p. 761) as amended, Ga. Code Ann. Supp. Chapter 87-7, as if said obligation had been originally authorized to be issued thereunder; provided, however, that any property, real or personal, of the
Authority may be pledged, mortgaged, conveyed, assigned, hypothe cated or otherwise encumbered as security for any lawful debt of the Authority. The Authority may execute any trust agreement or in denture not in conflict with the provisions of this amendment to pro vide security for any bonds issued as provided herein, and such trust agreement or indenture may provide for foreclosure or forced sale of any property of the Authority upon default on such bonds either in payment of principal or interest or under any term or condition under which such bonds are issued. Nothing herein contained shall be construed to authorize said authority to issue any bonds resulting in the creation of a lien against the tax digest of Charlton County;

"J. The property of the Authority shall not be subject to levy and sale under legal process except such property, income or funds as may be pledged, assigned, mortgaged or conveyed to secure an obligation of the Authority, and any such property, funds or income may be sold under legal process or under any power granted by the Authority to enforce payment of the obligation;

"K, This amendment is adopted for the purpose of promoting and expanding for the public good and welfare of Charlton County and its citizens, industry, agriculture, trade, commerce and recrea tion within Charlton County and making of long-range plans for such development and expansion. This amendment and any law enacted with reference to the Authority shall be liberally construed for the accomplishment of this purpose;

"L, This amendment shall be effective immediately upon proc lamation of its ratification by the Governor.

"M. The General Assembly may by law further define and pre scribe the powers and duties of the Authority and the exercise there of, and may enlarge and restrict the same, and may likewise further regulate the management and conduct of the Authority.

"N. There shall be no limitation upon the amount of debt which " the Authority may incur, but no debt created by the Authority shall
be a debt of Charlton County or the State of Georgia.

J

SECTION 2

When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their Journals with the "Ayes" and "Nays" taken thereon, the Governor is here by authorized and instructed to cause such proposed amendment to be published as provided in Article XIII, Section I, Paragraph I of the Con stitution of Georgia of 1945, as amended. Such proposed amendment shall
be submitted as provided in said paragraph.

THURSDAY, MAY 21, 1964

259

The ballot submitting the above proposed amendment shall have written or printed thereon the following: "For ratification of amendment to Constitution so as to create the Charlton County Development Au thority and to provide for powers, authority, funds, purposes and pro cedures connected therewith."

All persons desiring to vote in favor of adopting the proposed amend ment for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratifi cation.

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 of elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.

The report of the Committee, which was favorable to the adoption of theResolution, 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 Acree Alien Anderson Arnsdorff Ballard Barber Baughman Beck Bedgood Bell Black Blair Blalock, E. Bolton Bowen, A. Bowen, R. W. Bowen, R. P. Brackin Branch Brantley Brooks, Geo. B. Brooks, Wilson Busbee

Byrd Carr Causby Chandler Clark, J. T. Clarke, H. G. Coker, G., Dr. Coker, R. Conner Davis Deen, H. D. Dennard Dixon Dorminy Duncan, A. C. Duncan, J. E. Etheridge Flournoy Floyd Flynt Fowler, A. A. Jr. Fowler, J. W. Fulford Funk

Greene Groover Hall Harrell Harrington Harris Henderson Herndon Hill House Houston Isenberg Johnson, A. S, Dr. Jones, C. M. Jones, D. C. Jones, M. Jordan, J. E. Keadle Keyton Killian Kirkland Knight, D. W. Knight, W. D. Lambert

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Lane Lee, G. B. Lee, W. J. (Bill) Lee, Wm. S. Leonard Lewis Logan Lokey Lowrey Mackay Matthews, C. Matthews, D. R. McCracken McDonald Meeks Milford Milhollin Mitchell Mixon Moate Morgan, H. Nessmith Newton, A. S.
Odom

Paris Parker Partridge Peterson Ponsell Poole Pope Poss Raulerson Reaves Rhodes Richardson Rodgers, H. B. Rogers, Jimmy Rowland Russell Sewell Shea Simpson Sinclair Smith, A. C., Jr. Smith, Chas. C. Smith, E. B., Jr.
Snow

Stalnaker Steis Story Strickland Tabb
Todd Towson Tucker, J. B. Tucker, Ray M. Twitty Underwood, J. C. Underwood, R. R. Vaughn Warren Watson Watts
Wells, H. H. White Wiggins Williams, G. J. Wilson, Hoke Woodward

Those not voting were Messrs.:

Andrews Bagby Blalock, D. B. Bowen, R. L. Brown Bynum Caldwell Conger Cullens Dean, N. DeVane Dicus Echols Fleming Gibbons Griffin Hale Horton Hull Hurst Johnson, B.

Jones, F. C. Jordan, W. H.
Kelly Laite Lindsey McClelland McKemie Melton Moore Morgan, J. H. Mullis Murphy Newton, D. L. Overby Pafford Payton Perry Phillips Pickard Rainey Roberts

Roper Rutland Scarborough Shuman Simmons Singer Smith, G. L. II Smith, R. R. Smith, V. T.
Spikes Stuckey Teague Tucker, M. K. Walker Ware Wells, D. W. Wilkes Williams, W. M. Wilson, J. M. Hudgins, Floyd Smith, G. T.

On the adoption of the Resolution, the ayes were 142, nays 0.
The Resolution, having received the requisite two-thirds constitutional major ity, was passed.

THURSDAY, MAY 21, 1964

261

The following resolutions of the House were read and adopted:

HE 41. By Messrs. Story of Gwinnett, Isenberg of Glynn and others:
A RESOLUTION
Providing for a Police Families Relief Fund Week; and for other purposes.
WHEREAS, the State of Georgia and the entire nation were shocked at the recent murder of three fine Gwinnett County policemen; and
WHEREAS, the death of these three family heads have left the many members of their immediate families who were dependent upon said officers for their livelihood and support without a breadwinner; and
WHEREAS, due to the generosity of many of the citizens of the State of Georgia, a Police Families Relief Fund has been established in order to, in some part, relieve the financial hardship which the death of these outstanding policemen has caused to their families; and
WHEREAS, it is only befitting and proper that in some small way the citizens of this State demonstrate their appreciation for the sacrifice of the lives of these three peace officers, who met their death in the line of duty protecting the public.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Week of May 25, 1964, is hereby dedicated as "Police Families Relief Fund Week", and all the citizens of the State of Georgia are hereby urged to demonstrate, by way of contri bution to this Fund, their continued appreciation to all peace officers of the State whose lives are daily placed in jeopardy while protecting the public, and as a memorial to the late Marvin Jesse Gravitt, Jerry R. Everett, and Ralph K. Davis who gave their lives in the line of duty.

HE 42. By Mr. Smith of Grady:
A RESOLUTION
Welcoming Olivia de Havilland; and for other purposes.
WHEREAS, the distinguished stage and screen actress, Olivia de Havilland, is visiting in Atlanta and with this body today; and
WHEREAS, Mrs. de Havilland, during her long and brilliant career as an actress, has demonstrated she is not only one of the most beautiful,

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but also one of the most talented and accomplished, actresses upon the present day scene; and

WHEREAS, during her film career, she has been nominated for five Academy Awards for her outstanding performance in "The Heiress", "To Each His Own", "Gone With The Wind", "Hold Back The Dawn", and "The Snake Pit"; and

WHEREAS, she has received two Oscars for her performances in "The Heiress" and "To Each His Own"; and

WHEREAS, it is always a pleasure to have visit with us so distin guished and personable a lady as Olivia de Havilland.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby express to Olivia de Havilland its appreciation for her visit with us this morning, and does hereby commend her for her many accomplishments during her long and brilliant career as one of the leading public figures of this country.

HR 43. By Messrs. Smith of Grady, Bolton of Spalding, Peterson of Houston and others:
A RESOLUTION
Expressing regrets at the passing of Honorable James R. Mullis, Representative of Bleckley County, Georgia; and for other purposes.
WHEREAS, Honorable James R. Mullis, the distinguished Repre sentative from Bleckley County, Georgia, passed away on May 21, 1964, and is survived by his wife and six children; and
WHEREAS, Mr. Mullis has been a member of the House of Repre sentatives of Georgia since 1961, and has rendered distinguished service to his State and county; and
WHEREAS, Mr. Mullis was prominent in the seed, feed and ferti lizer business and specialized in the breeding of livestock; and
WHEREAS, Mr. Mullis was active in the religious, civic and gov ernmental affairs in his community and State; and
WHEREAS, the absence of this distinguished member from the hall of the House of Representatives will be missed and this Body does mourn his passing.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the deepest regrets of this Body are hereby expressed at the passing of Honorable James R. Mullis, and the heart felt sympathy of this Body is hereby extended to the members of his family.

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263

BE IT FURTHER RESOLVED that in token of our common grief the Clerk of the House of Representatives is hereby authorized and in structed to transmit an appropriate copy of this Resolution with the Seal of the House of Representatives affixed thereto to the family of Honor able James R. Mullis.

The following members of the House were appointed as a Committee to at tend the funeral of Representative Mullis: on behalf of the House of Represen tatives :
Messrs. Lewis of Wilkinson, Beck of Twiggs, Anderson of Pulaski, Towson and Knight of Laurens, Stuckey of Dodge, Stalnaker and Pcterson of Hous ton, White of Mclntosh, Strickland of Evans and Wells of Peach.

HR 44. By Mr. Smith of Grady:
A RESOLUTION
Expressing regrets at the passing of Mr. William L. Hudgins; and for other purposes.
WHEREAS, Mr. William L. Hudgins passed away on May 1, 1964; and
WHEREAS, Mr. Hudgins was the father of Honorable Ployd Hud gins, the Representative from Chattahoochee County, Georgia; and
WHEREAS, Mr. Hudgins was a lifelong resident of St. Clair Coun ty, Alabama; and
WHEREAS, Mr. Hudgins was held in great esteem by all persons who had the pleasure of knowing him;
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby express its deepest sympathy to Honorable Floyd Hudgins and to the other members of the family of Mr. William L. Hudgins.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby directed to transmit a copy of this Resolution to the Honorable Floyd Hudgins, Representative from Chattahoochee County, Georgia.

HR 45. By Mr. Smith of Grady:
A RESOLUTION
Expressing regrets at the passing of Mrs. W. R. Smith and for other purposes.

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JOURNAL OP THE HOUSE,

WHEREAS, Mrs. W. R. Smith passed away on May 4, 1964; and

WHEREAS, Mrs. Smith was the mother of Honorable Charles C. Smith, the Representative from Camden County; and

WHEREAS, Mrs. Smith was a life-long resident of Camden Coun ty; and

WHEREAS, Mrs. Smith was active in civic, social and religious affairs in Camden County; and

WHEREAS, Mrs. Smith was held in great esteem by all persons who had the pleasure of knowing and serving with her;

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES, that this body does hereby express its sincere deepest sympathy to Honorable Charles C. Smith and to the other mem bers of the family of Mrs. W. R. Smith.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is directed to transmit a copy of this Resolution to the immediate family of the late Mrs. W. R. Smith.

HR 46. By Messrs. Smith of Grady, Bolton of Spalding, Busbee of Dougherty and many others:
A RESOLUTION
Commending Honorable James Roy McCracken; and for other pur poses.
WHEREAS, Honorable James Roy McCracken was born December 26, 1903, in Avera, Jefferson County, Georgia; and
WHEREAS, he was the son of the late John William McCracken and the late Sabrina Macy (Rivers) McCracken; and
WHEREAS, he was married on March 27, 1937, to Rosa Kate Kirbo; and
WHEREAS, he has two children Emily Jane McCracken and Will iam Robert McCracken; and
WHEREAS, Mr. McCracken graduated from Mercer University with a LL. B. Degree in 1925 and began the active practice of law in 1931; and
WHEREAS, Mr. McCracken is active in religious, civic and fra ternal affairs in his community and is active in the political affairs of his community and the State of Georgia; and

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265

WHEREAS, this distinguished gentlemen has served in the House of Representatives of the State of Georgia as a Representative from Jefferson County for thirty years; and

WHEREAS, he has no opposition as the Democratic nominee for another two-year term as a member of the House of Representatives from Jefferson County; and

WHEREAS, he is presently the senior member in time of service of the House of Representatives of Georgia; and

WHEREAS, this veteran legislator is highly respected and loved by his fellow members and his counsel and advice is constantly sought; and

WHEREAS, because of his common sense, keen mind and legal ability he has been called upon to perfect many important items of legislation; and

WHEREAS, he has been acclaimed for his honest and fair dealings; and
WHEREAS, this distinguished Georgian should be commended for his service to his community and the State of Georgia.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that Honorable James Roy McCracken, the dis tinguished member of the House of Representatives of the State of Georgia from Jefferson County, is hereby commended for his outstand ing and long service as a member of the House of Representatives and for the distinguished and fair manner in which he has attended to his duties as a member of the House of Representatives.

BE IT FURTHER RESOLVED that the members of this Body do hereby wish Honorable James Roy McCracken every success in all of his future endeavors and sincerely hope that he will continue to be one of their colleagues for many years in the future.

BE IT FURTHER RESOLVED that a copy of this Resolution be placed in the Journal of the House of Representatives as evidence of the esteem and appreciation of this Body for Honorable James Roy Mc Cracken, the gentleman from Jefferson.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit an ap propriate copy of this Resolution with the Seal of the House of Repre sentatives affixed thereto to Honorable James Roy McCracken.

HR 47. By Messrs. Smith of Grady, Bolton of Spalding, Busbee of Dougherty and many others:

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A RESOLUTION

Commending Honorable Frank Starling Twitty, Sr.; and for other purposes.

WHEREAS, Honorable Frank Starling Twitty, Sr. was born August 29,1907, in Camilla, Mitchell County, Georgia; and

WHEREAS, he was the son of the late Thomas B. Twitty and the late Tennie Eliza (Wood) Twitty; and

WHEREAS, he was married on August 5, 1929, to Margaret Eliza beth Almand; and

WHEREAS, he has three children, Margaret Leah (Twitty) Adams, Frank S. Twitty, Jr. and Louise Alman (Twitty) Steel; and

WHEREAS, Mr. Twitty was educated in Georgia and received his formal education at Mercer University; and

WHEREAS, he is an attorney at law and is the senior partner of the law firm of Twitty and Twitty and his legal ability is well-known; and

WHEREAS, Mr. Twitty is active in the affairs of his community and is active in the political affairs of his community and the State of Georgia; and

WHEREAS, this distinguished gentleman has served in the House of Representatives of the State of Georgia as a Representative from Mit chell County since 1945, was the Governor's Floor Leader in 1951, 1952, 1953 and 1954 during the administration of Honorable Herman E. Talmadge while he was Governor of the State of Georgia and was the Gov ernor's Floor Leader in 1959, 1960, 1961 and 1962 during the adminis tration of Honorable S. Ernest Vandiver while he was Governor of the State of Georgia; and
WHEREAS, Mr. Twitty has announced that he would not offer for re-election to the House of Representatives; and
WHEREAS, this veteran legislator is highly respected by his fellow members who constantly seek his advice and counsel; and
WHEREAS, Mr. Twitty is well-known in politics and the Democratic Party at a community, State and National level and was a delegate to the National Democratic Party Convention in 1960; and
WHEREAS, the presence of this distinguished member in the Hall of the House of Representatives will be greatly missed; and
WHEREAS, this distinguished Georgian sholud be commended for his service to his community and the State of Georgia.

THURSDAY, MAY 21, 1964

267

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that Honorable Frank Starling Twitty, Sr., the distinguished member of the House of Representatives of the State of Georgia from Mitchell County, is hereby commended for his outstanding and long service as a member of the House of Representatives and for great assistance he has so willingly given to his fellow members of the House of Representatives.

BE IT FURTHER RESOLVED that the members of this Body do hereby declare and confirm to Honorable Frank S. Twitty, Sr. that his absence from the Hall of the House of Representatives as a member there of will forever be missed and that through the years to come his presence and accomplishments will be remembered.

BE IT FURTHER RESOLVED that the members of this Body do hereby wish Honorable Frank S. Twitty, Sr. every success in all his future endeavors.

BE IT FURTHER RESOLVED that a copy of this Resolution be placed in the Journal of the House of Representatives as evidence of the esteem and appreciation of this Body for Honorable Frank Starling Twitty, Sr., the gentleman from Mitchell.

BE IT FURTHER RESOLVED that the Clerk of the House of Rep resentatives is hereby authorized and directed to transmit an appro priate copy of this Resolution with the seal of the House of Representa tives affixed thereto to Honorable Frank S. Twitty.

Under the Special and continuing order of unfinished business, HR 6-1 was again taken up.

Article 3 Section 2 paragraph 3 (a)

The following paragraph was again read:
Paragraph 3. Powers of Supreme Court.
(a) The Supreme Court, with the counsel and advice of the Judges of the Court of Appeals, the Judges of the Superior Courts and such committee of the Bar of Georgia as the Supreme Court may appoint, shall have the power to submit rules governing practice and procedure for the judicial system to the General Assembly during the first ten days of any regular session, and if the General Assembly by concurrent action of both houses approves such rules, they shall become effective ten days after the date of adjournment. Any rules so submitted shall be subject to amendment by the General Assembly, and if the Court shall approve such amendments, the rules as so amended shall then become effective. If the Court shall not approve such amendment, the rules shall not become effective. The rules in force upon the effective date of this

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Constitution shall continue in force until changed as above provided.

The following amendment was read:

Murphy of Haralson moves to amend Committee Substitute to HR 6-1 as follows:
By striking Article 3, Section 2, Paragraph 3, Sub-paragraph (a) in its entirety, and inserting in lieu thereof a new Paragraph 3, Subparagraph (a) to read as follows:
"Paragraph 3. Powers of Supreme Court.
"(a) The Supreme Court, with the counsel and advice of the Judges of the Court of Appeals, the Judges of the Superior Courts and such committee of the Bar of Georgia as the Supreme Court may appoint, shall have the power to submit to the General Assembly rules governing practice and procedure for the judicial system to the General Assembly during the first ten days of any regular session, and if by concurrent action of both houses approves such rules, they shall become effective ninety days after the date of adjournment. Any rules so submitted by the court shall be subject to amendment by the General Assembly, and if the Court shall approve within 90 days such amendments to the rules submitted by the Court shall not approve such amendment to the rules submitted by the court the rules shall not become effective. The rules in force upon the effective date of this Constitution shall continue in force until changed as provided herein. Provided, however, the General Assembly shall always have the right to prescribe by law rules governing practice and procedure; and shall have the right to adopt, amend, modify or repeal any rule or law governing practice and procedure, which action shall not be subject to approval by the court."

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 Alien Arnsdorff Bagby Ballard Barber Baughman Beck Bell

Black Blalock, E. Bolton Bowen, A. Branch Brooks, Geo. B. Brown Busbee Byrd

Caldwell Carr Causby Chandler Clark, J. T. Coker, G., Dr. Coker, R. Cullens Dennard

THURSDAY, MAY 21, 1964

DeVane Echols Flournoy Flynt Fulford Gibbons
Greene Groover Hale Horton Houston Hull Hurst Johnson, A. S., Dr. Jones, C. M. Jordan, W. H. Keadle Kelly Keyton Knight, D. W. Knight, W. D. Lambert Lee, G. B. Lee, W. J. (Bill) Lee, Wm. S. Leonard

Logan Lokey Matthews, D. R. McCracken McDonald Melton Mixon Morgan, H. Morgan, J. H. Murphy Newton, A. S. Newton, D. L. Odom Overby Paris Parker Partridge Payton Perry Phillips Poole Poss Rainey Raulerson Rhodes Richardson

269
Rogers, Jimmy Rowland Russell Shea Simmons Sinclair Singer Smith, A. C., Jr. Smith, E. B., Jr. Smith, V. T. Steis Story Strickland Tabb Towson Tucker, J. B. Tucker, Ray M. Twitty Vaughn Walker Warren Watts Wells Wilkes Williams Woodward

Those voting in the negative were Messrs.

Acree Anderson Bedgood Blair Bowen, R. L. Bowen, R. W. Brackin Conger Dixon Dorminy Duncan, J. E. Floyd Hall Harrington Harris Henderson Herndon

House Isenberg Jones, M. Jordan, J. E. Killian Lewis Lowrey Mackay Matthews, C. Meeks Milford Milhollin Mitchell Moate Moore Pafford Peterson

Ponsell Pope Roberts Sewell Simpson Smith, Chas. C. Smith, R. R. Snow Teague Tucker, M. K. Underwood, R. R. Watson White Williams, G. J. Wilson, Hoke

Those not voting were Messrs.:

Andrews Blalock, D. B. Bowen, R. P.

Brantley Brooks, Wilson Bynum

Clarke, H. G. Conner Davis

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JOURNAL OF THE HOUSE,

Dean, N. Been, H. D. Dicus Duncan, A. C. Etheridge Fleming Fowler, A. A., Jr. Fowler, J. W. Funk Griffin Harrell Hill Johnson, B. Jones, D. C.

Jones, F. C. Kirkland Laite Lane Lindsey McClelland McKemie Mullis Nessmith Pickard Reaves Rodgers, H. B. Roper Rutland

Scarborough Shuman Smith, G. L. II Spikes Stalnaker Stuckey Todd Underwood, J. C. Ware Wells, D. W. Wiggins Wilson, J. M. Hudgins Smith, G. T.

On the adoption of the amendment, the ayes were 105, nays 49.

The amendment was adopted. Paragraph 3 (a) Article 3 Section 2 was adopted as amended.

The following paragraph was read:
(b) The Supreme Court shall by rule govern organization of the bar, standards of professional conduct, and the discipline of the mem bers of the bar; but the General Assembly shall have the Authority to repeal, modify or amend any such rule. No such rule or law shall deprive any member of the bar of the right to a trial by jury in the county of his residence upon any disbarment proceeding pursuant to any such rule or law.
The following amendment was read and adopted:
Mr. Conger of Decatur moves to amend HE 6-1 as follows:
By adding to Article 3, Section 2 Paragraph 3 (b) the words "or disciplinary action", after the words disbarment proceeding in the last line thereof.
Article 3, Section 2 Paragraph 3 (b) was adopted as amended.
The Speaker announced the House recessed until 1:15 p.m.

THURSDAY, MAY 21, 1964

271

AFTERNOON SESSION

The Speaker called the House to order at 1:15 p.m.

HR 6-1 was again taken up.

Article 2, Section 10 paragraph 4 was again taken up.

The following amendment was read:
Etheridge of Fulton moves to amend HR 6, as follows:
By striking in its entirety Article 2, Section 10, Paragraph 4, and substituting in lieu thereof a new Paragraph 4 to read as follows:
"Paragraph 4. Appropriations to be for Specific Sums. The appropriation for each department, officer, bureau, board, com mission, agency or institution for which appropriation is made shall be for a specific sum of money, and no appropriation shall allocate to any object the proceeds of any particular tax or fund or a part or percentage thereof."

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

Those voting in the affirmative were Messrs.:

Bedgood Blair Brooks, Wilson Bynum Byrd Causby Chandler Conger Dixon Etheridge Fleming Flournoy Funk Harrington

Harris Horton House Hull Jones, M. Jordan, J. E. Kelly Killian Lee, Wm. S. Lowrey Mackay Matthews, C. McClelland Mitchell

Moore Morgan Odom Richardson Shea Simmons Steis Story Teague Walker White Wilkes Wilson

Those voting in the negative were Messrs.:

Abney Acree

Alien Anderson

Andrews Arnsdorff

272
Ballard Barber Baughman Beck Bell Black Blalock, D. B. Blalock, E. Bolton Bowen, A. Bowen, R. L. Bowen, R. W. Bowen, R. P. Brackin Branch Brantley Brooks, Geo. B. Brown Busbee Caldwell Carr Clark, J. T. Clarke, H. G. Coker, G., Dr. Coker, R. Conner, J. Cullens, J. R. Davis Deen, H. D. Dennard DeVane Dorminy Duncan, A. C. Duncan, J. E. Echols Floyd Flynt Fowler, J. W. Fulford Gibbons Greene Griffin Groover

JOURNAL OP THE HOUSE,

Hale Hall Harrell Henderson Herndon Hill Houston Hurst Johnson, A. S., Dr. Johnson, B. Jones, F. C. Jordan, W. H. Keadle Keyton Knight, W. D. Laite Lee, G. B. Lee, W. J. (Bill) Leonard Lewis Logan Lokey Matthews, D. R. McCracken McKemie Meeks Melton Milford Milhollin Mixon Moate Morgan, J. H. Murphy Nessmith Newton, A. S. Newton, D. L. Overby Pafford Paris Parker Partridge Payton Perry

Phillips Ponsell Poole Pope Poss Raulerson Rhodes Roberts Rodgers, H. B. Rogers, Jimmie Roper Rowland Russell Sewell Shuman Sinclair Smith, A. C., Jr. Smith, E. B., Jr. Smith, G. L. II Smith, R. R. Smith, V. T. Snow Spikes Stalnaker Strickland Tabb Todd Tucker, J. B. Tucker, Ray M. Twitty Underwood, J. C. Underwood, R. R. Vaughn Ware Warren Watson Wells, H. H. Wiggins Williams, G. J. Wilson, Hoke Woodward

Those not voting were Messrs.:

Bagby Dean, N. Dicus Fowler, A. A., Jr. Isenberg Jones, C. M. Jones, D. C.

Kirkland Knight, D. W. Lambert Lane Lindsey McDonald Mullis

Peterson Pickard Rainey Reaves Rutland Scarborough Simpson

THURSDAY, MAY 21, 1964

273

Singer Smith, Chas. C. Stuckey Towson

Tucker, M. K. Watts Wells, D. H. Williams, W. M.

Hudgins Smith, G. T.

On the adoption of the amendment, the ayes were 41, nays 133.

The amendment was lost.

The following amendment to paragraph 4 was read:
Brooks of Oglethorpe, Smith of Grady, Bolton of Spalding, Busbee of Dougherty and Andrews of Stephens move to amend Committee Sub stitute to HR 6-1 as follows:
By striking Article 2, Section 10, Paragraph 4 in its entirety and inserting in lieu thereof a new Paragraph 4 to read as follows:
"Paragraph 4. Appropriations to be for Specific Sums. Except as is otherwise provided in this Constitution, the appropriation for each department, officer, bureau, board, commission, agency or institution for which appropriation is made shall be for a specific sum of money, and no appropriation shall allocate to any object the proceeds of any particular tax or fund or a part or percentage thereof."

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 Acree Alien Anderson Andrews Arnsdorff Bagby Ballard Barber Baughman Beck Bedgood Bell Black Blair

Blalock, D. B. Blalock, E. Bolton, A. K. Bowen, A. Bowen, R. L. Bowen, R. W. Brackin Branch Brantley Brooks, Geo. B. Brooks, Wilson Brown Busbee Bynum Byrd

Caldwell Carr Causby Chandler Clark, J. T. Clarke, H. G. Coker, G., Dr. Coker, R. Conger Conner Cullens Davis Dean, N. Deen, H. D. Dennard

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DeVane Dixon Dorminy Duncan, A. C. Duncan, J. E. Echols Etheridge Fleming Flournoy Floyd Flynt Fowler, A. A., Jr. Fulford Funk Gibbons Greene Griffin Groover Hale Hall Harrell Harrington Harris Henderson Herndon Hill Horton House Houston Hull Hurst Isenberg Johnson, A. S., Dr. Johnson, B. Jones, F. C. Jones, M. Jordan, J. E. Jordan, W. H. Keadle Kelly Keyton Killian Kirkland Knight, D. W. Knight, W. D.

Laite Lee, G. B. Lee, W. J. (Bill) Lee, Wm. S. Leonard Lewis Logan Lokey Lowrey Mackay Matthews, C. Matthews, D. R. McClelland McCracken McKemie Meeks Melton Milford Milhollin Mitchell Mixon Moate Moore Morgan, H. Morgan, J. H. Murphy Nessmith Newton, A. S. Newton, D. L. Overby Pafford Paris Parker Partridge Payton Perry Peterson Phillips Ponsell Poole Pope Poss Rainey Raulerson Rhodes

Richardson Roberts Rodgers, H. B. Rogers, Jimmie Rowland Russell Sewell Shea Shuman Simmons Sinclair Smith, A. C., Jr. Smith, E. B., Jr. Smith, G. L. II Smith, R. R. Smith, V. T. Snow Spikes Stalnaker Steis Story Strickland Tabb Teague Todd Tucker, J. B. Tucker, Ray M. Twitty Underwood, J. C. Underwood, R. R. Vaughn Walker Ware Warren Watson Watts Wells, H. H. White Wiggins Wilkes Williams, G. J. Wilson, Hoke Wilson, J. M. Woodward Hudgins

Voting in the negative was Mr. Odom.

Those not voting were Messrs.:

Bowen, R. P. Dicus

Fowler, J. W. Jones, C. M.

Jones, D. C. Lambert

Lane Lindsey McDonald Mullis Pickard Reaves

THURSDAY, MAY 21, 1964

275

Roper Rutland Scarborough Simpson Singer Smith, Chas. C.

Stuckey Towson Tucker, M. K. Wells, D. W. Williams Smith, G. T.

On the adoption of the amendment, the ayes were 180, nays 1.

The amendment was adopted.

Messrs. Roper of Greene, Williams of Hall, Towson and Knight of Laurens stated they were out of the Hall of the House conferring with constituents at the time the roll was called but had they been present they would have voted "Aye".

The following amendment adding a paragraph 5 was read:
Mr. Groover of Bibb moves to amend Committee Substitute HR 6-1 as follows:
By adding to Article 2, Section 10 a new Paragraph to be known as Paragraph 5, to read as follows:
"Paragraph 5. Highway Appropriations. An amount equal to all money derived from motor fuel taxes received by the State Treas urer in each of the immediately preceding fiscal years, less the amount of refunds, rebates and collection costs authorized by law, is hereby appropriated for the fiscal year beginning July 1, of each year following, for all activities incident to providing and main taining an adequate system of public roads and bridges in this State as authorized by laws enacted by the General Assembly of Georgia. Said sum is hereby appropriated for, and shall be available for, the aforesaid purposes regardless of whether the General Assembly enacts a General Appropriations Act. Said sum need not be specific ally stated in any General Appropriations Act passed by the Gen eral Assembly in order to be available for such purposes. However, this shall not preclude the General Assembly from appropriating for such purposes an amount greater than the sum specified above for such purposes, nor shall it preclude the General Assembly from specifying the portion of such sum specified above to be used in any or all of such purposes, except as hereinafter provided in the Constitution. The expenditure of such funds shall be subject to all the rules, regulations and restrictions imposed in the expenditure of appropriations by provisions of the Constitution and laws of this State, unless such provisions are in conflict with the provisions of this Paragraph. The proceeds of the tax hereby appropriated shall not be subject to budgetary reduction. In the event of invasion of this State by land, sea or air, or in case of a major catastrophe,

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JOURNAL OF THE HOUSE,

so proclaimed by the Governor, said funds may be utilized for defense or relief purposes on the executive order of the Governor."

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 Acree Alien Andrews Arnsdorff Bagby Ballard Barber Baughman Beck Bedgood Bell Black Blair Blalock, D. B. Blalock, E. Bolton Bowen, A. Bowen, R. L. Bowen, R. W. Brackin Branch Brantley Brooks, Geo. B. Brooks, Wilson Brown Busbee Bynum Byrd Caldwell Carr Causby Chandler Clark, J. T. Clarke, H. G. Coker, G., Dr.
Coker, R. Conger, J. W. Conner Cullens Davis Dean, N. Deen, H. D. Dennard

DeVane Dixon Dorminy Duncan, A. C. Duncan, J. E. Echols Fleming Flournoy Floyd Flynt Fowler, A. A., Jr. Funk Gibbons Greene Griffin Groover Hall Harrington Harris Henderson Hill Horton House Houston Hull Hurst Isenberg Johnson, A. S., Dr. Johnson, B. Jones, F. C. Jones, M. Jordan, J. E. Jordan, W. H. Keadle Kelly Keyton
Killian Kirkland Knight, D. W. Knight, W. D. Laite Lane Lee, G. B. Lee, W. J. (Bill)

Leonard Lewis Logan Lokey Lowrey Mackay Matthews, C. McClelland McCracken McDonald McKemie Meeks
Milford Milhollin Mitchell Moate Moore Morgan, H. Morgan, J. H. Murphy Nessmith Newton, A. S. Newton, D. L. Odom Overby Paris Parker, H. W. Partridge Payton Perry Peterson Phillips Ponsell Poole Pope Poss Rainey Raulerson Rhodes Richardson Roberts Rodgers, H. B. Rogers, Jimmie Roper

Rowland Russell Sewell Shea Shuman Simmons Simpson Sinclair Smith, A. C., Jr. Smith, E. B., Jr. Smith, G. L. II Smith, R. R. Smith, V. T. Snow Spikes

THURSDAY, MAY 21, 1964
Stalnaker Steis Story Strickland Tabb Teague Todd Towson Tucker, J. B. Tucker, Ray M. Twitty Underwood, J. C. Underwood, R. R. Vaughn Walker

277
Ware Warren Watson Watts Wells, H. H. White Wiggins Wilkes Williams, G. J. Williams, W. M. Wilson, Hoke Wilson, J. M. Woodward

Voting in the negative was Mr. Wm. S. Lee

Those not voting were Messrs.:

Anderson Bowen, R. P. Dicus Etheridge Fowler, J. W. Fulford Hale Harrell Herndon Jones, C. M.

Jones, D. C. Lambert Lindsey Matthews, D. R. Melton Mixon Mullis Pafford Pickard Reaves

Rutland Scarborough Singer Smith, Chas. C. Stuckey Tucker, M. K. Wells, D. W. Hudgins Smith, G. T.

On the adoption of the amendment, the ayes were 175, nays 1.

The amendment was adopted.
Messrs. Hale of Dade and Harrell of Fayette stated they were called from the Hall of the House at the time the roll was called but had they been present they would have voted "Aye".
The following amendment adding a paragraph 6 was read:
Brooks of Oglethorpe, Smith of Grady, Bolton of Spalding, Busbee of Dougherty and Andrews of Stephens moves to amend HR 6-1 as follows:
By adding to Art. 2, Section 10 a new paragraph to be known as Paragraph 6, to read as follows:

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JOURNAL OF THE HOUSE,

"Paragraph 6. Grants to Counties. Of the funds derived from motor fuel taxes as provided in Paragraph 5 of this Section, there is hereby appropriated for the fiscal year beginning July 1,1965, and for each fiscal year thereafter, as grants to counties, the amount of $4,817,013.03 to be allocated to each of the several counties as provided by an Act approved March 8, 1945, (Ga. Laws 1945, p. 316), and the amount of $4,500,000.00 to be distributed and dis bursed by the State Treasurer based on information as to the total public road mileage furnished by the State Highway Department; this sum shall be distributed and disbursed to the various counties of the State in the same proportioned basis to each county as the proportion of each county's total public road mileage is to the total public road mileage in the State. The sums appropriated to counties hereunder shall be used for all activities incident to providing and maintaining an adequate system of public roads, streets, and side walks, including traffic control, bridges, and appurtenances thereto. In the event of a merger of two or more counties, the resulting county shall receive all of the sums provided herein for each of the counties so merged. The said sums are hereby appropriated for the aforesaid purposes regardless of whether the General Assembly enacts an appropriation act. In the event of an invasion of this State by land, sea or air, or in case of a major catastrophe so proclaimed by the Governor, said funds may be utilized for defense or relief purposes on the Executive Order of the Governor."

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 Acree Alien Anderson Andrews Arnsdorff Bagby Ballard Barber Baughman Beck Bedgood Bell Black Blair Blalock, D. B. Blalock, E. Bolton Bowen, A. Bowen, R. L. Bowen, R. W.

Brackin Branch Brantley Brooks, Geo. B. Brooks, Wilson Brown Busbee Bynum Byrd Caldwell Carr Causby Chandler Clark, J. T. Clarke, H. G. Coker, G., Dr. Coker, R. Conger Conner Cullens Davis

Dean, N. Deen, H. D. Dennard DeVane Dixon Dorminy Duncan, A. C. Duncan, J. E. Echols Fleming Flournoy Floyd Flynt Fowler, A. A., Jr. Fulford Funk Gibbons Greene Griffin Groover Hale

THURSDAY, MAY 21, 1964

Hall Harrell Harrington Henderson Herndon Hill Horton House Houston Hull Hurst Isenberg Johnson, A. S., Dr. Johnson, B. Jones, F. C. Jones, M. Jordan, J. E. Jordan, W. H. Keadle Kelly Keyton Killian Kirkland Knight, D. W. Knight, W. D. Laite Lane Lee, G. B. Lee, W. J. (Bill) Leonard Lewis Logan Lokey Lowrey Matthews, C. Matthews, D. B. McClelland McCracken McDonald McKemie

Meeks Melton Milford Milhollin Mitchell Mixon Moate Moore Morgan, H. Morgan, J. H. Murphy Nessmith Newton, A. S. Newton, D. L. Overby Paris Parker Partridge Payton Perry Peterson Phillips Ponsell Poole Pope Poss Rainey Raulerson Rhodes Richardson Roberts Rodgers, H. B. Rogers, Jimmy Roper Rowland Russell Sewell Shea Shuman Simmons

279
Simpson Sinclair Singer Smith, S. S. Smith, A. C., Jr. Smith, E. B., Jr. Smith, G. L., II Smith, R. R. Smith, V. T. Snow Spikes Stalnaker Steis Story Strickland Tabb Teague Todd Towson Tucker, J. B. Tucker, Ray M. Twitty Underwood, J. C. Underwood, R. R. Vaughn Ware Warren Watson Watts Wells, H. H. White Wiggins Wilkes Williams, G. J. Williams, W. M. Wilson, Hoke Wilson, J. M. Woodward Hudgins

Those voting in the negative were Messrs. Wm. S. Lee and C. H. Odom.

Those not voting were Messrs.:

Bowen, R. P. Discus Etheridge Fowler, J. W. Harris Jones, C. M. Jones, D. C. Lambert

Lindsey Mackay Mullis Pafford Pickard Reaves Rutland Scarborough

Smith, Chas. C.
Stuckey Tucker, M. K. Walker Wells Smith, G. T.

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JOURNAL OF THE HOUSE,

On the adoption of the amendment, the ayes were 181, nays 2.

The amendment was adopted.

Messrs. Walker of Lowndes and Pafford of Lanier stated they were called from the Hall of the House at the time the roll was called but had they been present they would have voted "Aye".

The following amendment adding a Paragraph 7 was read:
Brooks of Oglethorpe, Smith of Grady, Bolton of Spalding, Busbee of Dougherty and Andrews of Stephens moves to amend Committee Substitute for HR 6-1 as follows:
By adding to Article 2, Section 10 a new Paragraph to be known as Paragraph 7, to read as follows:
"Paragraph 7. Grants to Municipalities. Of the funds derived from motor fuel taxes as provided in Paragraph 5 of this Section, there is hereby appropriated for the fiscal year beginning July 1, 1965 and for each fiscal year thereafter, as grants to municipalities the sum of $9,325,000.00. Said sum shall be distributed by the State Treasurer as may now or hereafter be provided by law, except that no municipality having a population of five hundred or more, accord ing to the 1960 or any future Federal Decennial Census, shall re ceive less than five ten-thousandths of the total sum appropriated herein; and, provided further that any municipality having a popu lation of less than five hundred according to the 1960 or any future Federal Decennial Census, shall receive such portion of the minimum herein established as its population proportionately bears to five hundred. The sums appropriated to municipalities hereunder shall be used for all activities incident to providing and maintaining an adequate system of public roads, streets, and sidewalks, including traffic control, bridges, and appurtenances thereto. The said sums are hereby appropriated for the aforesaid purposes regardless of whether the General Assembly enacts an appropriation act. In the event of an invasion of this State by land, sea or air, or in case of a major catastrophe so proclaimed by the Governor, said funds may be utilized for defense or relief purposes on the Executive Order of the Governor."
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 Acree Alien

Anderson Andrews Arnsdorff

Bagby Ballard Barber

Baughman Beck Bedgood Bell Black Blair Blalock, D. B. Blalock, E. Bolton Bowen, A. Bowen, R. L. Bowen, R. W. Brackin Branch Brantley Brooks, Geo. B. Brooks, Wilson Brown Busbee Bynum Byrd Caldwell Carr Chandler Clark, J. T. Clarke, H. G. Coker, G., Dr. Coker, R. Conger Conner Cullens Da vis Dean, N. Deen, H. D. Dennard DeVane Dixon Dorminy Duncan, A. C. Duncan, J. E. Echols Fleming Flournoy Floyd Flynt Fulford Funk Gibbons Greene Griffin Groover Hale Hall Harrell Harrington

THURSDAY, MAY 21, 1964
Harris Henderson Herndon Horton House Houston Hull Hurst Isenberg Johnson, A. S., Dr. Johnson, B. Jones, F. C. Jones, M. Jordan, J. E. Jordan, W. H. Kelly Keyton Killian Kirkland Knight, D. W. Knight, W. D. Laite Lane Lee, G. B. Lee, W. J. (Bill) Leonard Lewis Logan Lokey Lowrey Matthews, C. Matthews, D. R. McClelland McCracken McDonald McKemie Meeks Melton Milford Milhollin Mitchell Mixon Moate Morgan, H. Morgan, J. H. Murphy Nessmith Newton, A. S. Newton, D. L. Overby Pafford Paris Parker Partridge Payton

281
Perry Peterson Phillips Ponsell Poole Pope Poss Rainey Raulerson Rhodes Richardson Roberts Rodgers, H. B. Rogers, Jimmie Roper Rowland Russell Sewell Shea Shuman Sinimons Simpson Sinclair Smith, A. C., Jr. Smith, E. B., Jr. Smith, G. L., II Smith, R. R. Smith, V. T. Snow Spikes Stalnaker Steis Story Strickland Tabb Teague Todd Towson Tucker, J. B. Tucker, Ray M. Twitty Underwood, R. R. Vauglm Walker Ware Warren Watson Watts Wells, H. H. White Wiggins Wilkes Williams, G. J. Williams, W. M. Wilson, Hoke

282
Wilson, J. M. Woodward

JOURNAL OF THE HOUSE, Hudgins

Those voting in the negative were Messrs. Causby, Wm. S. Lee and Odom.

Those not voting were Messrs.:

Bowen, R. P. Discus Etheridge Fowler, A. A., Jr. Fowler, J. W. Hill Jones, C. M. Jones, D. C. Keadle

Lambert Lindsey Mackay Moore Mullis Pickard Reaves Rutland Scarborough

Singer Smith, Chas. C. Stuckey Tucker, M. K. Underwood, J. C. Wells, D. W. Smith, G. T.

On the adoption of the amendment, the ayes were 177, nays 3.

The amendment was adopted.

Mr. Etheridge of Fulton stated that he was called from the Hall of the House at the time the roll was called but had he been present he would have voted "Aye".

The following amendment was read and adopted:
Mr. Busbee of Dougherty moves to amend HR 6-1 as follows:
By renumbering present paragraph 5 of Article 2, Section 10, as paragraph 8.

Section 10 was adopted as amended.

The following paragraphs were read and adopted:
SECTION 11 HOMESTEAD EXEMPTIONS
Paragraph 1. Manner of Providing for Homestead Exemptions. The General Assembly shall protect by law from levy and sale a portion of

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the homestead and other property of the citizens in an amount of not

|

less than $1600 and shall have authority to define those to whom such

|

exemptions shall be allowed; to specify the amount of such exemptions;

to provide the manner of exempting such property, the sale, alienation

and encumbrance thereof; and to provide for the waiver of said exemp

tions by the debtor.

SECTION 12

MILITIA

Paragraph 1. Provision for Militia. The General Assembly shall provide by law for the defense and disaster forces of the State. When not in federal service, the discipline of members of the militia shall be in accordance with the applicable provisions of the Constitution and laws of the United States, acts of the General Assembly, and directives of the Governor in his capacity as Commander-in-Chief of the Militia. The General Assembly shall have the authority to provide for trial by courtsmartial and non-judicial punishment of members of the militia; for the initiation of charges and subsequent procedures thereon; and for rules of evidence, venue, and all other matters necessary and proper for the maintenance of a well-regulated and disciplined militia.

SECTION 13
ELECTIVE OFFICIALS
Paragraph 1. Salaries of Elective Officials, How Changed. The Gen eral Assembly may prescribe salaries for all elective officers provided for in this Constitution and change the same, but no such change shall diminish the amount of any salary during the term of office.

SECTION 14
VETERANS PREFERENCE
Paragraph 1. Veterans Preference. Any veteran who has served as a member of the armed forces of the United States during the period of a war or armed conflict in which any branch of the armed forces of the United States engaged, whether under United States command or other wise, and who was honorably discharged therefrom, shall be given such veterans preference in any civil service program established in the State government or any political subdivision thereof as may be determined by appropriate action of the General Assembly.
Provided, however, notwihtstanding any such action by the General Assembly, any veteran who has served as a member of the armed forces of the United States during the period of any war Or the Korean Con flict and who was honorably discharged therefrom shall be entitled to and shall receive the following preference in taking a competitive exami nation for employment with the State government or any political sub division thereof.

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(a) Such veteran who has at least ten per centum service con nected disability as rated and certified by the Veterans Adminis tration shall be entitled to and shall have ten points added to his passing score on such examination; and

(b) Any other such veteran shall be entitled to and shall have five points added to his passing score on such examination.

SECTION 15
RETIREMENT SYSTEMS
Paragraph 1. Teachers Retirement System. There shall be a Teach ers Retirement System of Georgia as provided for by law at the time of ratification of this Constitution, with such changes as shall hereafter be provided for by law in conflict with the provisions of this Constitution. Such System shall be on an actuarially sound basis and shall be adminis tered by a Board of Trustees of the Teachers Retirement System of Georgia. Persons eligible for membership in said System shall be those so authorized by law at the time of the ratification of this Constitution and such other teachers as the General Assembly shall authorize. The allowances and benefits for persons who were members of such System at the time of the ratification of this Constitution shall be not less than those authorized under laws and rules and regulations in existence at such time. All monies heretofore and hereafter paid into such System, except funds and appropriations provided for the cost of administration, are hereby declared to be trust funds and shall not be expended for any purpose except to provide allowances and benefits under such System. The investment powers of the Board with regard to such monies shall be those provided, from time to time, by law for domestic life insurance companies.

Paragraph 2. Employees Retirement System. There shall be an Em ployees Retirement System of Georgia as provided for by law at the time of the ratification of this Constitution, with such changes as shall here after be provided for by law not in conflict with the provisions of this Constitution. Such System shall be on an actuarially sound basis and shall be administered by a Board of Trustees of the Employees Retire ment System of Georgia. Persons eligible for membership in said System shall be those so authorized by law at the time of the ratification of this Constitution and such other persons as the General Assembly shall authorize. The General Assembly, however, shall not hereafter author ize eligibility for any persons except employees and officials of the State government and employees of those public authorities referred to in Article 2, Section 10, Paragraph 2, Subparagraph (f) of this Constitu tion. The allowances and benefits, including survivor's benefits, for per sons who were members of such System at the time of the ratification of this Constitution shall be not less than those authorized under laws and rules and regulations in existence at such time. All monies heretofore and hereafter paid into such System, except funds and appropriations provided for the cost of administration, are hereby declared to be trust funds and shall not be expended for any purpose except to provide allow ances and benefits under such System, including Survivor's benefits. The

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285

investment powers of the Board with regard to such monies shall be those provided, from time to time, by law for domestic life insurance companies. The Board is hereby authorized to provide by contract for the coverage of the members of the System and eligible officials and employees of political subdivisions, under the provisions of the Federal Old Age and Survivors Insurance Program, and to amend any such con tract from time to time as the Board shall deem advisable, and the Gen eral Assembly is hereby authorized to enact any legislation necessary or desirable for such purposes.

Paragraph 3. Firemen's Pension System. The powers of taxation may be exercised by the State through the General Assembly, and the counties and municipalities, for the purpose of paying pensions and other benefits and costs under a fireman's pension system or systems. The taxes so levied may be collected by such firemen's pension system or systems and disbursed therefrom by authority of the General Assem bly for the purposes herein authorized.

Paragraph 4. Other Retirement Systems. There shall be such other retirement systems for other State and political subdivision officials and employees as shall now or hereafter be provided for by acts of the General Assembly.

On the adoption of Article 2 as amended, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs:

Abney Acree Alien Anderson Andrews Arnsdorff Ballard Barber Baughman Beck Bedgood Bell Black Blair Blalock, D. B. Blalock, E. Bolton Bowen, A. Bowen, R. W. Brackin Branch Brantley Brooks, Geo. B.

Brooks, Wilson Brown Busbee Byrd Caldwell Carr Causby Chandler Clark, J. T. Clarke, H. G. Coker, G., Dr. Coker, R. Conner Cullens Davis Dean, N. Deen, H. D. Dennard Dixon Dorminy Duncan, A. C. Duncan, J. E. Echols

Fleming Flournoy Floyd Fowler, A. A., Jr. Fulford Funk Gibbons Greene Groover Hale Hall Harrington Harris Henderson Horton House Houston Hull Hurst Isenberg Johnson, A. S., Dr. Jones, F. C. Jones, M.

286
Keadle Kelly Keyton Killian Kirkland Knight, D. W. Knight, W. D. Laite Lane Lee, G. B. Lee, W. J. (Bill) Lee, Wm. S. Lewis Lokey Mackay Matthews, C. Matthews, D. R. McClelland McCracken McDonald McKemie Melton Milford Milhollin Mixon Morgan, J. H. Murphy Nessmith

JOURNAL OF THE HOUSE,
Newton, A. S. Odom Overby Pafford Parker Partridge Payton Perry Peterson Ponsell Poole Pope Poss Raulerson Rhodes Richardson Roberts Rodgers, H. B. Rogers, Jimmie Roper Rowland Russell Sewell Shea Shuman Simmons Sinclair Singer

Smith, A. C., Jr. Smith, Chas. C. Smith, E. B., Jr. Smith, G. L. II Smith, V. T. Snow Stalnaker Steis Story Tabb Teague Towson Tucker, J. B. Tucker, Ray M. Twitty Vaughn Walker Warren Watts Wells, H. H. White Wiggins Wilkes Williams, G. J. Williams, W. M. Wilson, Hoke Woodward Hudgins

Those not voting were Messrs.:

Bagby Bowen, R. L. Bowen, R. P. Bynum Conger DeVane Dicus Etheridge Flynt Fowler, J. W. Griffin Harrell Herndon Hill Johnson, B. Jones, C. M. Jones, D. C. Jordan, J. E.

Jordan, W. H. Lambert Leonard Lindsey Logan Lowrey Meeks Mitchell Moate Moore Morgan, H. Mullis Newton, D. L. Paris Phillips Pickard Rainey Reaves

Rutland Scarborough Simpson Smith, R. R. Spikes Strickland Stuckey Todd Tucker, M. K. Underwood, J. C. Underwood, R. R. Ware Watson Wells, D. W. Wilson, J. M. Smith, G. T.

On the adoption of the Article, the ayes were 153, nays 0.

The Article 2 was adopted as amended.

THURSDAY, MAY 21, 1964

287

Messrs. Overby of Hall, Paris of Barrow and Bagby of Paulding stated they were called from the Hall of the House at the time the roll was called but had they been present they would have voted "Aye".

The following paragraphs were read and adopted:
ARTICLE 3
SECTION 3
THE COURT OP APPEALS
Paragraph 1. Judges of the Court of Appeals. The Court of Appeals shall consist of such number of judges as may now or hereafter be pro vided by law. The Court may from time to time elect one of its members as Chief Judge and such number of Presiding Judges as may be pre scribed by its rules. The Court may adopt rules of pratice in cases be fore it and the manner of hearing and determining cases as are not in consistent with the rules of the Supreme Court.
Paragraph 2. Jurisdiction.
(a) Original Jurisdiction. The Court of Appeals shall have no original jurisdiction, but shall be a court for the trial and correc tion of errors of law, and shall have such other powers as is neces sary in the exercise of its appellate jurisdiction and in the perform ance of its duties, including the power to grant supersedeas at any time pending appeal.
(b) Appellate Jurisdiction. The Court of Appeals shall have jurisdiction with respect to the trial and correction of errors of law from the superior courts and from such other courts as now or hereafter authorized by law in such cases as may be prescribed by law or by the rules of the Supreme Court inconsistent with this Constitution. When the Court of Appeals desires instruction from the Supreme Court in a pending case, it may certify the same to the Supreme Court, which after affording the parties an opportun ity to be heard thereon, may instruct the Court of Appeals on the question so certified without regard to whether or not the answer to such question is determinative of the entire case, and the Court of Appeals shall be bound thereby. In case no such instruction is given by reason of an equal division of opinion among the Justices of the Supreme Court, the Court of Appeals shall decide the case. In the event of an equal division of judges on any case when the Court of Appeals is sitting as a body, the case shall be transferred immedi ately to the Supreme Court. The manner of certifying cases to the Supreme Court, and the procedure governing review of decisions of the Court of Appeals by the Supreme Court, or of the transfer of cases between said Courts, shall be as the Supreme Court by its rules may prescribe.

288 .

JOURNAL OF THE HOUSE,

SECTION 4

SELECTION AND TENURE OP JUSTICES OF THE SUPREME COURT AND JUDGES OF THE COURT OF APPEALS

Paragraph 1. Election and Tenure of Justices and Judges. Justices of the Supreme Court and Judges of the Court of Appeals shall hold office for six years and until their successors are elected and qualified. They shall be elected by the people in the same manner as members of the General Assembly.

Paragraph 2. Appointments to Fill Vacancies. In case of any vacan cy, the same shall be filled by appointment by the Governor and the person appointed shall hold such office until the first day of January after the regular general election held next after the expiration of thirty days from the time such vacancy occurs, at which election a suc cessor for the unexpired term shall be elected.

Mr. Bolton of Spalding moved that this House do now adjourn until 9:00 o'clock a.m. tomorrow morning and the motion prevailed.

The Speaker announced the House adjourned until 9:00 o'clock a.m. tomorrow and HR 6-1 was carried over as unfinished business.

FRIDAY, MAY 22, 1964

289

Representative Hall, Atlanta, Georgia Friday, May 22, 1964

The House met pursuant to adjournment at 9:00 o'clock, A.M., this day and was called to order by the Speaker.

Prayer was offered by Dr. Sam Marshall, 2nd Baptist Church, LaFayette, Georgia.

By unanimous consent the call of the roll was dispensed with.

Mr. Clarke, Chairman of the Committee on Auditing, Enrolling, Engrossing and Journals reported that the Journal of the previous legislative day had been read and found to be correct.

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

The Journal was confirmed.

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. 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 of the House was read the first time and referred to the Committee:

HB 46. By Mr. Warren of Wayne: A Bill to be entitled an Act to amend an Act creating a new charter

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for the City of Jesup, so as to change the corporate limits; and for other purposes.
Referred to the Committee on Local Affairs.

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

HR 36-43. By Mr. Keadle of Lamar: A Resolution proposing an amendment to the Constitution so as to create the City of Barnesville and County of Lamar Development Authority; and for other purposes.

HB 44. By Messrs. Duncan and Wiggins of Carroll:
A Bill to be entitled an Act to change the names of certain militia dis tricts located in Carroll County; to provide for the election of a jus tice of the peace; and for other purposes.

HB 45. By Mr. Meeks of Union:
A Bill to be entitled an Act to abolish the office of County Treasurer in and for the County of Union; and for other purposes.

HR 38-45. By Mr. Moore of Polk:
A Resolution proposing an amendment to the Constitution so as to remove therefrom those provisions relating to the Polk County Board of Education in the event of the merger of the Polk County school system and the independent school system of Cedartown and those provisions authorizing an additional two mill tax levy for educational purposes within Polk County; and for other purposes.

Mr. Hale of Dade County, Chairman of the Committee on Local Affairs, submitted the following report:
Mr. Speaker:
Your Committee on Local Affairs has had under consideration the following Bills and Resolutions of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 17. Do Pass as Amended. HB 36. Do Pass. HB 38. Do Pass.

FRIDAY, MAY 22, 1964

291

HB 39. Do Pass. HB 40. Do Pass. HB 41. Do Pass. HB 42. Do Pass. HB 43. Do Pass. HR 34-43. Do Pass. HR 32-36. Do Pass. HR 33-41. Do Pass.

Respectfully submitted, Hale of Dade, Chairman.

Mr. Busbee of Dougherty County, Chairman of the Committee on Judiciary, submitted the following report:
Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bill of the Senate and has instructed me as Chairman, to report the same back to the House with the following recommendation:
SB 3. Do Pass. Respectfully submitted, Busbee of Dougherty, Chairman.

The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following Bills of the Senate to wit:

SB 8. By Senators Johnson of the 38th, Salome of the 36th and others:
A Bill to amend an Act establishing a new charter for the City of Atlanta, approved February 28, 1874, and the several Acts amenda tory thereof; and for other purposes.

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JOURNAL OF THE HOUSE,

SB 9. By Senator Rowan of the 8th:
A Bill to amend an Act creating the Board of Commissioners of Roads and Revenues for Berrien County, approved Sept, 20, 1887 (Ga. L. 1886-1887, Vol. II, p. 664), as amended, so as to change the compensa tion of said Board of Commissioners of Roads and Revenues; to repeal conflicting laws; and for other purposes.

SB 10. By Senator Maclntyre of the 40th:
A Bill to amend an Act creating a new charter for the City of Alpharetta, approved Mar. 3, 1961 (Ga. L. 1961, p. 2127), so as to change the corporate limits of said city; to repeal conflicting laws; and for other purposes.

SB 11. By Senator Maclntyre of the 40th:
A Bill to amend an Act establishing a new charter for the City of Roswell, approved Feb. 9, 1950 (Ga. L. 1950, p. 2178), as amended, so as to change the corporate limits of said city; to repeal conflicting laws; and for other purposes.

SB 12. By Senators Salome of the 36th, Coggin of the 35th and others:
A Bill to amend an Act creating the Judges' and Solicitor-Generals' Retirement Fund for Fulton County, approved Jan. 31, 1946 (Ga. L. 1946, p. 299), as amended, so as to allow certain eligible persons to become members of the retirement fund; to repeal conflicting laws; and for other purposes.

The Senate has passed by the requisite constitutional majority the following Bills of the House to wit:

HB 3. By Mr. Bowen of Toombs:
A Bill to place the Sheriff of Toombs County upon an annual salary in lieu of the fee system of compensation; and for other purposes.

HB 4. By Mr. Been of Bacon:
A bill creating a new charter for the City of Alma, so as to authorize the mayor and city council by a majority vote to close, sell, dedicate or donate any and all alleys and streets located within the Corporate limits; and for other purposes.

FRIDAY, MAY 22, 1964

293

HB 6. By Mr. Warren of Wayne:
A Bill to amend an Act repealing the present charter of the Town of Screven, so as to extend the corporate limits one-quarter of one mile in each direction; and for other purposes.

HB 7. By Mr. Warren of Wayne: A Bill to amend an Act establishing the City Court of Jesup in and for the County of Wayne, so as to provide for an official court reporter; and for other purposes.
HB 8. By Messrs. Harris and Mackay of DeKalb: A Bill to abolish the Village of North Atlanta; and for other purposes.
HB 9. By Messrs. Harris and Mackay of DeKalb: A Bill to amend an Act establishing compensation of the elected county officials of DeKalb County so as to adjust the salaries provided in said Act; and for other purposes.
HB 11. By Mr. Warren of Wayne: A Bill to amend an Act repealing the charter of the town of Screven and reincorporating said town as a city and changing the name thereof to the "City of Screven"; and for other purposes.
HB 16. By Messrs. Payton and Blalock of Coweta: A Bill to amend an Act changing the compensation of the sheriff, the ordinary, and the clerk of the superior court of Coweta County from the fee system to the salary system, so as to change the clerical ex pense authorization for the office of the ordinary; and for other pur poses.

HB 18. By Messrs. Ware and Spikes of Troup, Davis of Heard and others:
A bill to amend an Act providing an assistant solicitor-general for the Coweta Judicial Circuit so as to fix the assistant solicitor general's salary; and for other purposes.

HB 19. By Mr. Henderson of Atkinson:
A bill to amend an Act creating a County Court of Atkinson County, so as to provide that the solicitor of said court shall be appointed; to provide for terms of office; and for other purposes.

294

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The Senate has passed by substitute by the requisite constitutional ma jority the following Bill of the House to wit:

HB 13. By Mr. Bowen of Dooly:
A Bill incorporating the Town of Byromville in the County of Dooly, so as to extend the corporate limits of said town; and for other pur poses.

The Senate has adopted by the requisite constitutional majority the following Resolution of the House to wit:

HR 41. By Messrs. Story and Morgan of Gwinnett, Isenberg and Killian of
Glynn, Duncan and Wiggins of Carroll and Alien of Tift: A Resolution providing for a Police Families Relief Fund Week; and for other purposes.

Under the Special and Continuing order of Unfinished business, HR 6-1 was again taken up.
The following paragraph was read and adopted:
SECTION 5
COMPENSATION, RETIREMENT AND PENSION OF JUSTICES OF THE SUPREME COURT AND JUDGES OF THE COURT OF APPEALS
Paragraph 1. Salary. The compensation of justices and judges shall be fixed by statute. Such compensation shall not be reduced during the term for which the justice or judge was elected or appointed.
The following paragraph was read:
Paragraph 2. Retirement and Pensions. The General Assembly shall provide by law for the payment of compensation or pensions to retired or disabled justices and judges. The Supreme Court may assign retired justices and judges to perform temporary judicial duties in any appellate court of the State. Justices and judges shall retire upon reaching the age of seventy and may retire upon reaching the age of sixty-five, and any justice or judge so retiring who has served at least ten years as a justice or judge of the Supreme Court or the Court of Appeals, or any combination thereof, or who upon reaching the age of seventy has a combined service of fifteen years as Justice of the Supreme Court, Judge of the Court of Appeals, or Judge of the Supe-

FRIDAY, MAY 22, 1964

295

rior Court, five of which must have been as a Justice of the Supreme Court or Judge of the Court of Appeals and shall receive a pension or compensation which shall be not less than two-thirds of the compensa tion received by him at the time of his retirement; provided however, any justice or judge serving at the time of the effective date of this Constitution who shall reach age seventy during the term of office for which he is then elected or appointed and serving shall not be required to retire at age seventy but may serve out such term, but he may elect to retire and if so he shall receive the pension or compensation herein provided. No justice or judge receiving retirement or pension benefits hereunder shall be eligible to appointment to any emeritus position. Any justice or judge receiving any such compensation or pension shall not engage in the practice of law.

The following amendment to paragraph 2 was read and adopted:

Caldwell of Upson moves to amend Committee Substitute to HE 6-1 as follows:
By striking Article 3, Section 5, Paragraph 2 in its entirety and inserting in lieu thereof a new Article 3, Section 5, Paragraph 2 to read as follows:
"Paragraph 2. Retirement and Pensions. The General Assem bly shall provide by law for the payment of compensation or pen sions to retired or disabled justices and judges. The Supreme Court may assign retired justices and judges to perform temporary judi cial duties in any appellate court of the State. Justices and judges shall retire upon reaching the age of seventy-two and may retire upon reaching the age of sixty-five, and any justice or judge so retiring who has served at least ten years as a justice or judge of the Supreme Court or the Court of Appeals or any combination thereof, or who upon reaching the age of sixty-five has a combined service of fifteen years as Justice of the Supreme Court, Judge of the Court of Appeals, or Judge of the Superior Court, five of which must have been as a Justice of the Supreme Court or Judge of the Court of Appeals, shall receive a pension or compensation which shall be not less than two-thirds of the compensation received by him at the time of his retirement. No justice or judge receiving retirement or pension benefits hereunder shall be eligible to ap pointment to any emeritus position. Any justice or judge receiving any such compensation or pension shall not engage in the practice of law."

The following paragraphs were read and adopted:
SECTION 6
JUDICIAL ADMINISTRATION
Paragraph 1. Assignment of Judges. The Supreme Court shall have the power in the manner provided by its rules to assign any judge or judge emeritus of the Superior Court of the State to sit in any

296

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state court when any justice or judge thereof is disqualified or incapaci tated, and the Supreme Court may also assign any judge or judge emeritus of the Superior Court to sit in any court in any other case where the Supreme Court deems such assignment necessary to aid in the prompt disposition of judicial business. No judge may be assigned under this Paragraph without his consent.

Paragraph 2. Judges of Superior and City Courts May Alternate, When. In any county within which there is, or hereafter may be a City Court, the Judge of said Court, and of the Superior Court may preside in the courts of each other in cases where the judge of either court is disqualified to preside.

The following paragraph was read:
SECTION 7
SUPERIOR COURTS
Paragraph 1. Terms of Judges. There shall be a judge of the superior courts for each judicial circuit, whose term of office shall be four years, and until his successor is elected and qualified. He may act in other circuits and in other courts when directed by the Supreme Court as hereinbefore provided or when authorized by law. The General Assembly shall have authority to add one or more additional judges of the superior courts for any judicial circuit in the State; shall fix the time at which the term or terms of office of such additional judge or judges shall begin; and shall have authority from time to time to reduce the number of judges in any judicial circuit; provided that, at all times there shall be at least one judge in every judicial circuit of this State. In any circuit having more than one judge, the senior judge in point of service shall be the chief judge unless the judges in the circuit otherwise elect a chief judge.

The following amendment to paragraph 1 was read:

Mr. Gibbons of Lowndes moves to amend HR 6-1 to read as follows:
Paragraph 1. Term of Judges. There shall be a Judge of the Supe rior Courts of each Judicial Circuit whose term of office shall be six years and until his successor is elected and qualified.

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

Those voting in the affirmative were Messrs.:

Bell Gibbons Harris

Hurst Jones, M. Knight, W. D.

Matthews, C. Steis

FRIDAY, MAY 22, 1964

Those voting in the negative were Messrs.:

Abney Alien Arnsdorff Ballard Barber Baughman Beck Black Blair Blalock, D. B. Bolton Bowen, R. W. Branch Brooks, Geo. B. Brown Caldwell Carr Chandler Clark, J. T. Clarke, H. G. Coker, R. Deen, H. D. Dixon Duncan, A. C. Duncan, J. E. Echols Flournoy Floyd Fowler, J. W. Funk Groover Hale

Hall Harrell Harrington House Houston Isenberg Johnson, A. S., Dr. Jones, F. C. Jordan, J. E. Keadle Laite Lee, G. B. Lee, Wm. S. Leonard Lewis Lowrey Matthews, D. R. McCracken McDonald McKemie Melton Milford Mixon Moate Nessmith Overby Pafford Paris Partridge Payton Peterson Ponsell

297
Poole Pope Poss Raulerson Rhodes Roberts Rodgers, H. B. Rogers, Jimmie Sewell Shea Simmons Sinclair Smith, A. C., Jr. Smith, E. B., Jr. Smith, G. L. II Smith, R. R. Spikes Tabb Todd Tucker, Ray M. Twitty Underwood, J. C. Vaughn Walker Warren Watts Wells, D. W. Wells, H. H. Wiggins, W. S. Williams, G. J. Williams, W. M. Wilson, Hoke

Those not voting were Messrs. :

Acree Anderson Andrews Bagby Bedgood Blalock, E. Bowen, A. Bowen, R. L. Bowen, R. P. Brackin Brantley Brooks, Wilson Busbee Bynum Byrd Causby Coker, G., Dr.

Conger Conner Cullens Davis Dean, N. Dennard DeVane Dicus Dorminy Etheridge Fleming Flynt Fowler, A. A., Jr. Fulford Greene Griffin Henderson

Herndon Hill Horton Hull Johnson, B. Jones, C. M. Jones, D. C. Jordan, W. H. Kelly Keyton Killian Kirkland Knight, D. W. Lambert Lane Lee, W. J. (Bill) Lindsey

298
Logan Lokey Mackay McClelland Meeks Milhollin Mitchell Moore Morgan, H. Morgan, J. H. Mullis Murphy Newton, A. S. Newton, D. L. Odom Parker Perry

JOURNAL OP THE HOUSE,

Phillips
Pickard Rainey Reaves Richardson Roper Rowland Russell Rutland Scarborough Shuman
Simpson Singer Smith, Chas. C. Smith, V. T. Snow Stalnaker

Story
Strickland Stuckey Teague Towson Tucker, J. B. Tucker, M. K. Underwood, R. R. Ware Watson White
Wilkes Wilson, J. M. Woodward Hudgins Smith, G. T.

On the adoption of the amendment, the ayes were 8, nays 96.

The amendment was lost.

The following amendment was read:

Brooks moves to amend Committee Substitute to HR 6-1 as follows:
By striking from Article 3, Section 7, Paragraph 1 the first sentence thereof which reads as follows:
"There shall be a judge of the superior courts for each judicial circuit, whose term of office shall be four years, and until his suc cessor is elected and qualified.",
and inserting in lieu thereof the following:
"There shall be at least one judge of the superior court for each judicial circuit. The terms of office of the judges of the Superior Court of the Atlanta Judicial Circuit shall be for six years and until their successors are elected and qualified. The terms of office of the judges of the superior courts of all other judicial circuits shall be for four years and until their successors are elected and qualified.",
so that when so amended, said Paragraph 1 shall read as follows:
"Paragraph 1. Terms of Judges. There shall be at least one judge of the superior court for each judicial circuit. The terms of

FRIDAY, MAY 22, 1964

299

office of the judges of the Superior Court of the Atlanta Judicial Circuit shall be for six years and until their successors are elected and qualified. The terms of office of the judges of the superior courts of all other judicial circuits shall be for four years and until their successors are elected and qualified. He may act in other cir cuits and in other courts when directed by the Supreme Court as hereinbefore provided or when authorized by law. The General Assembly shall have authority to add one or more additional judges of the superior courts for any judicial circuit in the State; shall fix the time at which the term or terms of office of such additional judge or judges shall begin; and shall have authority from time to time to reduce the number of judges in any judicial circuit; provided that, at all times there shall be at least one judge in every judicial circuit of this State. In any circuit having more than one judge, the senior judge in point of service shall be the chief judge unless the judges in the circuit otherwise elect a chief judge."

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 Alien Andrews Arnsdorff Ballard Barber Baughman Beck Bell Blair Blalock, D. B. Bolton Bowen, A.
Bowen, E. W.
Brooks, Geo. B.
Brooks, Wilson
Brown
Busbee
Byrd
Caldwell
Carr
Chandler
Clark, J. T.
Clarke, H. G.
Coker, R.
Deen, H. D.
Dixon

Duncan, A. C. Duncan, J. E. Echols Floyd Fowler, J. W. Groover Hale Hall Harrell Harrington Henderson Hill House
Houston
Isenberg
Johnson, A. S., Dr.
Johnson, B.
Jones, F. C.
Jones, M.
Keadle
Laite
Lee, W. J. (Bill)
Lee, Wm. S.
Leonard
Lewis
Lokey
Lowrey

Matthews, C. Matthews, D. R. McClelland McCracken McDonald McKemie Melton Milford Mixon Moate Overby Pafford Paris
Partridge
Payton
Peterson
Phillips
Ponsell
Poole
Pope
Poss
Reaves
Roberts
Rodgers, H. B.
Rogers, Jimmie
Sewell
Shea

300
Simmons Sinclair Smith, A. C., Jr. Smith, E. B., Jr. Smith, G. L. II Spikes Steis Story

JOURNAL OF THE HOUSE,

Tabb Todd Tucker, Ray M. Twitty Vaughn Walker Warren Watts

Wells, D. W. Wells, H. H. Wiggins Wilkes Williams, G. J. Williams, W. M. Wilson, Hoke

Those voting in the negative were Messrs.:

Black Branch Funk Gibbons

Harris Hurst Jordan, J. E. Knight, W. D.

Lee, G. B. Raulerson, Rhodes Smith, R. R.

Those not voting were Messrs.:

Acree Anderson Bagby Bedgood Blalock, E. Bowen, R. L. Bowen, R. P. Brackin Brantley Bynum Causby Coker, G., Dr. Conger Conner
Cullens Davis Dean, N. Dennard DeVane Dicus Dorminy Etheridge Fleming Flournoy Flynt Fowler, A. A. Jr. Fulford Greene
Griffin Herndon

Horton Hull Jones, C. M. Jones, D. C. Jordan, W. H.
Kelly Keyton Killian Kirkland
Knight, D. W. Lambert Lane Lindsey Logan Mackay Meeks Milhollin Mitchell Moore Morgan, H. Morgan, J. H. Mullis Murphy Nessmith
Newton, A. S. Newton, D. L. Odom Parker Perry
Pickard

Rainey Richardson Roper Rowland Russell
Rutland Scarborough Shuman Simpson Singer Smith, Chas. C. Smith, V. T. Snow Stalnaker Strickland Stuckey Teague Towson Tucker, J. B. Tucker, M. K. Underwood, J. C. Underwood, R. R. Ware Watson
White Wilson, J. M. Woodward Hudgins Smith, G. T.

On the adoption of the amendment, the ayes were 104, nays 12.

The amendment was adopted.

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301

The following paragraph was read:

Paragraph 2. Elections, When to be Held. The successors to the present and subsequent incumbents shall be elected by the electors of the whole State entitled to vote for members of the General Assembly, at the general election held for such members, next preceding the expi ration of their respective terms.

The following amendment to paragraph 2 was read:
Mr. House of Bibb moves to amend HR 6-1 by striking the language "the whole state" in Line 3 of Paragraph 2 of Section 7 of Article 3 and by inserting in lieu thereof the words "their respective circuits".

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

Those voting in the affirmative were Messrs.

Ballard Barber Beck Bedgood Black Blair Bowen, A. Busbee Dixon Floyd

Fowler, J. W. Funk Gibbons Harris House Houston Jones, M. Lee, Wm. S. Matthews, C. McDonald

Those voting in the negative were Messrs.

Abney Alien Anderson Arnsdorff Baughman Bell Blalock, D. B. Bolton Bowen, R. L. Bowen, R. W. Branch Brantley Brooks, Geo. B. Brooks, Wilson Brown Byrd Caldwell

Carr Chandler Clarke, H. G. Deen, H. D. Dorminy Duncan, A. C. Duncan, J. E. Echols Flournoy Groover Hale Hall Harrell Harrington Henderson Herndon Hill

Overby Ponsell Scarborough Sewell Simmons Steis Wells, H. H. Williams, G. J. Williams, W. M.
Hurst Isenberg Johnson, A. S. Dr. Johnson, B. Jordan, J. E. Keadle Kelly Keyton Knight, W. D. Laite Lambert Lane Lee, G. B. Lee, W. J. (Bill) Leonard Lewis Lowrey

302
Matthews, D. R. McClelland McCracken McKemie Meeks Melton Milford Milhollin Mixon Moate Morgan, H. Nessmith Newton, A. S. Pafford Paris Parker Partridge Payton

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Perry Peterson Phillips Poole Pope Poss Raulerson Reaves Richardson Roberts Rodgers, H. B. Rogers, Jimmie Russell Shea Shuman Sinclair Smith, A. C., Jr. Smith, E. B., Jr.

Smith, G. L. II Smith, R. R. Snow Spikes Story Tabb Todd Twitty Underwood, R. R. Vaughn Ware Warren Watts Wells, D. W. Wiggins Wilson, Hoke

Those not voting were Messrs.:

Acree Andrews Bagby Blalock, E. Bowen, R. P. Brackin Bynum Causby Clark, J. T. Coker, G., Dr. Coker, R. Conger Conner Cullens Davis Dean, N. Dennard DeVane Dicus Etheridge Fleming Flynt Fowler, A. A. Jr. Fulford Greene

Griffin Horton Hull Jones, C. M. Jones, D. C. Jones, F. C. Jordan, W. H. Killian Kirkland Knight, D. W. Lindsey Logan Lokey Mackay Mitchell Moore Morgan, J. H. Mullis Murphy Newton, D. L. Odom Pickard Rainey Rhodes Roper

Rowland Rutland
Simpson Singer Smith, Chas. C. Smith, V. T. Stalnaker Strickland Stuckey Teague Towson Tucker, J. B. Tucker, M. K. Tucker, Ray M. Underwood, J. C. Walker Watson White Wilkes Wilson, J. M. Woodward Hudgins Smith, G. T.

On the adoption of the amendment, the ayes were 29, nays 103.

The amendment was lost.

FRIDAY, MAY 22, 1964

303

Mr. Rhodes of Baker stated that he was out of the House at the time the roll was called but had he been present he would have voted "Aye".

Paragraph 2 was adopted without amendment.

The following paragraphs were read and adopted:
Paragraph 3. Terms. The terms of the judges, except in the case of an appointment to fill a vacancy, shall begin on the first day of January after their elections. Every vacancy occasioned by death, resig nation or other cause shall be filled by appointment by the Governor until the first day of January after the regular general election held next after the expiration of thirty days from the time such vacancy occurs, at which election a successor for the unexpired term shall be elected.
SECTION 8
JURISDICTION OF SUPERIOR COURTS
Paragraph 1. Exclusive Jurisdiction. The superior courts shall have exclusive jurisdiction in cases of divorce and alimony; in criminal cases where the accused is charged with a felony; in cases respecting title to land; and in equity cases.
Paragraph 2. General Jurisdiction. The superior courts shall have jurisdiction in all civil and criminal cases, with such exceptions as may be provided by law not inconsistent with this Constitution. They shall have appellate jurisdiction in such cases as may be provided by law. They shall have power to correct errors in inferior judicatories by writ of certiorari or as otherwise provided by law. The superior courts shall have authority to issue such writs as may be necessary or appro priate for carrying their powers fully into effect, and shall have such other powers as may be conferred on them by law.
SECTION 9
COMPENSATION AND RETIREMENT OF JUDGES OF SUPERIOR COURTS
Paragraph 1. Salaries. Judges of the superior courts shall re ceive from the State Treasury such compensation and allowances as may be fixed by law. The General Assembly may by law authorize any county to supplement the compensation and allowances of the judge or judges from funds of the county or counties comprising the circuit of such judge or judges. Such compensation or supplement shall not be reduced during the term for which the judge was elected or appointed.
Paragraph 2. Retirement. Every judge who has not retired at an earlier age shall retire upon reaching the age of seventy, provided,

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however, any judge serving at the time of the effective date of this Constitution who shall reach age seventy during the term of office for which he is then elected or appointed and serving shall not be required to retire at age seventy but may serve out such term, but he may elect to retire. Any judge retiring under this provision shall receive such compensation or pension as may be provided by law. Any judge receiving such compensation or pension shall not engage in the practice of law.

Paragraph 3. Superior Court Judges Emeritus. Such provisions for Judges Emeritus of the Superior Courts and for the retirement of Superior Court Judges as the legislature has enacted or may hereafter enact are hereby authorized.

SECTION 10

QUALIFICATIONS OF JUSTICES AND JUDGES

Paragraph 1. Age; Citizenship; Practice of Law. No person shall be Justice of the Supreme Court, Judge of the Court of Appeals or Judge of the Superior Courts, unless at the time of taking office he shall have attained the age of thirty years; shall have been a citizen of and prac ticed law in the State of Georgia for seven years and shall be a member in good standing of the bar of the Supreme Court of Georgia; and any Judge of the Superior Court shall have been a resident of the territory comprising the circuit in which he is elected or appointed for the three years next preceding his election or appointment.

The following paragraph was read:
Paragraph 2. Justices and Judges Emeritus or Retired to Pre side. Justices emeritus or retired of the Supreme Court, judges emeritus or retired of the Court of Appeals, and judges emeritus or retired of the Superior Courts shall be eligible for temporary service in any court of this State when so designated by the Supreme Court or otherwise provided by law.

The following amendment was read and adopted:
Mr. Caldwell of Upson moves to amend Article 3, Section 10 Paragraph 2 as follows:
Paragraph 2. Judges, Emeritus and Retired Judges of the Superior Courts to preside. Judges emeritus and retired Judges of the Superior Courts shall be eligible for temporary service in any court of this State when so designated by the Supreme Court or otherwise provided by law.

Paragraph 2 was adopted as amended.

FRIDAY, MAY 22, 1964

305

The following paragraphs were read and adopted:

SECTION 11

COURT OF ORDINARY

Paragraph 1. Courts of Ordinary. There shall be a Court of Ordi nary in each county, the power of which shall be vested in an ordinary.

Paragraph 2. Jurisdiction. The Court of Ordinary shall have juris diction of probate matters, and such other jurisdiction and powers as provided by law.

Paragraph 3. Term of Office. The Ordinary shall be elected by the electors of his county for a term of four years and until his suc cessor is elected and qualified.

SECTION 12

UNIFORMITY OF COURTS: ABOLITION

Paragraph 1. Uniformity; Exceptions. Except as otherwise herein provided, the jurisdiction, powers, proceedings and practice of all courts or officers vested with judicial powers of the same grade or class, so far as regulated by law, and the force and effect of the process, judg ment and decree of such courts, severally, shall be uniform, subject, however, to the following exceptions:

(a) Uniformity shall not be required with respect to courts of ordinary or such other courts that have been or may be established by law although the General Assembly may by law establish uniformity for any or all of such courts.

(b) All justice of peace courts now in existence shall continue as statutory courts until otherwise provided by law, and with such jurisdiction and powers as provided by law. The General Assembly may, without regard to uniformity, abolish the office of justice of the peace in any county or district.

(c) The General Assembly may by law authorize ordinaries or judges of police courts of incorporated cities and municipalities in coun ties containing no city court, to issue warrants, try cases, and impose sentences in all misdemeanor cases involving traffic offenses and cases arising under the compulsory school attendance laws; provided, how ever that the accused waives in writing trial by jury.

Paragraph 2. Power to Abolish Courts. All courts not specially mentioned by name in Section 1 of this Article may be abolished in any county at the discretion of the General Assembly.

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SECTION 13

VENUE AND JURY TRIAL

Paragraph 1. Venue in Criminal Cases. All criminal cases shall be tried in the county where the crime was committed except in cases when the judge is satisfied that an impartial jury cannot be obtained in such county in which case venue may be changed in such manner as may be provided by law. To the end that no crime shall go unpunished for want of a forum, the General Assembly may prescribe by law an appropriate venue for the trial of offenses where the exact place of the crime cannot be ascertained.

The following paragraph was read:
Paragraph 2. Venue in Civil Cases.
(a) Divorce cases shall be brought in the county where the de fendant resides, if a resident of this State; if the defendant is not a resident of this State, or if his residence is unknown, then in the county in which the plaintiff resides; provided, that any person who has been a resident of any United States Army Post or military reservation within the State of Georgia for six months next preceding the filing of the petition may bring an action for divorce in any county adjacent to said post or reservation.

The following amendment was read and adopted:
Mr. Payton of Coweta moves to amend paragraph 2 (a) Section 13, Article 3, by striking the words "six months" in line 6 of said para graph and inserting in lieu thereof the words "the period of time prescribed by law."

Paragraph 2 (a) was adopted as amended.
The following sub-paragraph was read and adopted:
(b) Cases respecting titles to land shall be tried in the county where the land lies, except where a single tract is divided by a county line, in which case the superior court of either county shall have juris diction.
The following sub-paragraph was read:
(c) Equity cases shall be tried in the county where a defendant resides against whom substantial relief is prayed.

FRIDAY, MAY 22, 1964

307

The following amendment to paragraph 2 (c) was read:

Mr. Wiggins of Carroll moves to amend HR 6-1 as follows:

By adding at the end of subsection (c) paragraph 2 Section 13, Article 3 the following: "except as may be provided by law in fore closure of instruments to secure indebtedness where real property is pledged as security therein."

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

Those voting in the affirmative were Messrs.:

Acree Alien Arnsdorff Bagby Ballard Barber Baughman Bell Black Blalock, D. B. Bolton Bowen, A. Bowen, R. W. Branch Brooks, Geo. B. Brown Busbee Byrd Carr Causby Chandler Clark, J. T. Clarke, H. G. Cullens Deen, H. D. Dennard DeVane Dorminy Duncan, A. C. Duncan, J. E. Echols Fleming Flournoy Flynt Gibbons Harrington

Henderson Herndon Hill House Houston Hurst Isenberg Johnson, A. S., Dr. Jones, M. Jordan, J. E. Keadle Kirkland Lambert Lee, Wm. S. Lewis Lowrey Matthews, D. R. McClelland McDonald Meeks Melton Milford Milhollin Mixon Moate Morgan, H. Murphy Nessmith Newton, A. S. Newton, D. L. Odoni Overby Paris Payton Perry Ponsell

Poole Pope Poss Rainey Raulerson Reaves Richardson Roberts Rogers, Jimmie Scarborough Shea Simmons Sinclair Singer Smith, A. C., Jr. Smith, R. R. Spikes Steis Story Tabb Tucker, J. B. Tucker, Ray M. Underwood, J. C. Underwood, R. R. Vaughn Walker Warren Watts Wells, H. H. White Wiggins Williams, G. J. Williams, W. M. Wilson, Hoke Wilson, J. M. Hudgins

308

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Those voting in the negative were Messrs.:

Abney Beck Blair Bynum Groover Hale Harris

Horton Hull Kelly Laite Lee, G. B. Leonard McCracken

Phillips Rhodes Smith, G. L. II Snow Twitty Wilkes

Those not voting were Messrs.:

Anderson Andrews Bedgood Blalock Bowen, R. L. Bowen, R. P. Brackin Brantley Brooks, Wilson . Caldwell Coker, G., Dr. Coker, R. Conger Conner Davis Deen, N. Dicus Dixon Etheridge Floyd Fowler, A. A., Jr. Fowler, J. W. Fulford Funk Greene Griffin

Hall Harrell Johnson, B. Jones, C. M. Jones, D. C. Jones, F. C. Jordan, W. H. Keyton Killian Knight, D. W. Knight, W. D. Lane Lee, W. J. (Bill) Lindsey Logan. Lokey Mackay Matthews, C. McKemie Mitchell Moore Morgan, J. H. Mullis Pafford Parker Partridge

Peterson Pickard Rodgers, H. B.
Roper Rowland Russell Rutland Sewell Shuman Simpson Smith, Chas. C. Smith, E. B., Jr. Smith, V. T. Stalnaker Strickland Stuckey Teague Todd Towson Tucker, M. K. Ware Watson Wells, D. W. Woodward Smith, G. T.

On the adoption of the amendment, the ayes were 108, nays 20.

The amendment was adopted.

Sub-section (c) paragraph 2 was adopted as amended.

The following subsection was read and adopted:

FRIDAY, MAY 22, 1964

309

(d) Suits against joint obligors, joint promissors, co-partners, or joint tort feasors, residing in different counties, may be tried in either county.

The following subsection was read:
(e) Suits against the maker or endorser of promissory notes, or drawer, acceptor and endorser of foreign or inland bills of exchange, or like instruments, residing in different counties, shall be brought in the county where the maker or acceptor resides.

The following amendment was read and adopted:
Mr. Walker of Lowndes moves to amend Section 13, Paragraph 2(e) by striking on line 4 the words "where the maker or acceptor resides" and substitute in lieu thereof the following: "where a defendand resides who is a maker, drawer, acceptor or endorser."

Subsection (e) paragraph 2 was adopted as amended.

The following subsections were read and adopted:
(f) Suits against executors, administrators or guardians in their representative capacities, shall be tried in the county in which is located the court from which the letters are issued.
(g) All other civil cases shall be tried in the county where the defendant resides.
(h) In all civil cases where the judge is satisfied that an impartial jury cannot be obtained in the county of original venue, he may require a change of venue in such manner as may be provided by law.
(i) Except in divorce cases, venue hereunder shall not relate to the jurisdiction of the case, but shall relate only to the jurisdiction of the person.
(j) The General Assembly may provide for venue in cases involv ing nonresidents.

Mr. Payton of Coweta asked unanimous consent that the House reconsider its action in adopting subsection (a) of paragraph 2 of Section 13 of Article 3.

The consent was granted and the House has reconsidered.

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Paragraph 2 (a) was adopted without amendment.

Paragraph 2 was adopted as amended.

The following paragraph was read:
Paragraph 3. Jury Trial. The right of trial by jury, except as otherwise provided in this Constitution, shall remain inviolate, but the General Assembly may prescribe any number, not less than five, to con stitute a trial jury, except in the superior courts, where there shall be twelve unless otherwise agreed between the parties; the General Assembly may provide by law for alternate jurors. Trial by jury shall not be required where a case is in default or where no issuable defense is filed, except to the extent as may be provided by law. The parties may waive a jury trial, but in all criminal cases, such waiver must be in writing.

The following amendment was read and adopted:

Mr. Hale of Bade moves to amend paragraph 3 Section 13 of Article 3 as follows:
By striking next to last sentence and insert in lieu thereof the following:
The Court shall render judgment without the verdict of a jury in all civil cases, except actions ex delecto, where no issuable de fense is filed except as otherwise provided in this Constitution, and subject to the right of trial by a jury on written demand of either party.

Paragraph 3 was adopted as amended.

Mr. Todd of Glascock asked unanimous consent that the House reconsider its action in adopting Section 9, paragraph 2.

The consent was granted and the House has reconsidered.
The following amendment to paragraph 2 was read and adopted: Mr. Todd of Glascock moves to amend House Resolution 6-1 by strik
ing Paragraph 2 of Section 9, Article 3, by striking the same in its en-

FRIDAY, MAY 22, 1964

311

tirety and inserting in lieu thereof the following language to be desig nated as Paragraph 2:

Paragraph 2. Retirement. Every judge who has not retired at an earlier age shall retire upon reaching the age of seventy, provided, however, any judge serving at the time of the effective date of this Constitution who shall be more than 70 years of age or reach age seventy during the term of office for which he is then elected or appointed and serving shall not be required to retire at age seventy but may serve out such term, but he may elect to retire. Any judge retiring under this provision shall receive such compensa tion or pension as may be provided by law. Any judge receiving such compensation or pension shall not engage in the practice of law.

Paragraph 2 was adopted as amended.

Mr. Bolton of Spalding asked unanimous consent, that the House reconsider its action in adopting Paragraph 10 of Section 5 of Article 2.

The consent was granted and the House has reconsidered.

The following amendment to paragraph 10 was read and adopted:

Bolton of Spalding moves to amend Committee Substitute to HR 6-1 as follows:
By striking Article 2, Section 5, Paragraph 10 in its entirety and inserting in lieu thereof a new Paragraph 10 to read as follows:
"Paragraph 10. Compensation. The members of the General Assembly shall receive such compensation and allowances as may be provided by law. No change in the amount thereof shall apply to the General Assembly making such change, except that any law relative to such compensation and allowances enacted by the General Assembly which convened in 1965 may be applicable to the members of such General Assembly and shall be effective as provided in such law."
Article 2 was adopted as amended.
Mr. Caldwell of Upson asked unanimous consent that the House reconsider its Action in adopting paragraph 3 Section 2 of Article 3.
The consent was granted and the House has reconsidered.

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The following amendment to paragraph 3 (a) was read and adopted: Mr. Caldwell of Upson moves to amend Committee Substitute to HR 6-1, as follows:

By striking Article 3, Section 2, Paragraph 3, Sub-paragraph (a) in its entirety, and inserting in lieu thereof a new Paragraph 3, Subparagraph (a) to read as follows:

"Paragraph 3. Powers of Supreme Court.

"(a) The Supreme Court, with the counsel and advice of the Judges of the Court of Appeals, the Judges of the Superior Courts and such committee of the Bar of Georgia as the Supreme Court may appoint, shall have the power to submit to the General Assem bly during the first ten days of any regular session rules govern ing practice and procedure for the judicial system, and if both houses by concurrent action approve such rules, they shall become effective ninety days after the date of adjournment. Rules submit ted by the Supreme Court may be amended by the General Assem bly, and if such rules as amended shall be approved by the Supreme Court within thirty days after amendment and approval of same by the General Assembly, the rules as amended shall become effec tive ninety days after the date of adjournment of the General Assembly. If the Supreme Court shall not approve such rules as amended, the rules shall not become effective. The General Assem bly shall always have the right to prescribe, by law, rules govern ing practice and procedure, and shall have the right to adopt, amend, modify or repeal any rule or law governing practice and procedure, which action shall not be subject to approval by the court. The rules in force upon the effective date of this Constitution shall con tinue in force until changed as provided herein."

Paragraph 3 (a) was adopted as amended.

On the adoption of Article 3 the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Acree Alien Andrews Arnsdorff Bagby Ballard Barber Baughman Bedgood Bell

Black Blair Blalock, D. B. Bolton Bowen, A. Bowen, R. L. Bowen, R. W. Bowen, R. P. Branch Brantley Brooks, Wilson

Brown Busbee Byrd Caldwell Carr Causby Chandler Clarke, H. G. Coker, R. Conger Conner

Cullens Been, H. D. Dennard DeVane Dixon Dorminy Duncan, J. E. Echols Fleming Flournoy Floyd Flynt Fowler, J. W. Fulford Gibbons Griffin Groover Hale Harrell Harrington Harris Henderson Hill Horton House Houston Hull Isenberg Jones, C. M. Jones, M. Jordan, J. E. Keadle Killian Kirkland Knight, W. D. Laite

FRIDAY, MAY 22, 1964
Lambert Lee, G. B. Lee, W. J. (Bill) Lee, Wm. S. Leonard Lokey Lowrey Matthews, D. R. McClelland, R. McCracken, J. R. McDonald McKemie Melton Milford Milhollin Mitchell Mixon Moate Morgan, H. Murphy Nessmith Newton, A. S. Newton, D. L. Odom Overby Paris Parker Partridge Payton Phillips Ponsell Poole Poss Raulerson Rhodes Richardson

Those not voting were Messrs.:

Anderson Beck Blalock, E. Brackin Brooks, Geo. B. Bynum Clark, J. T. Coker, G., Dr. Davis Dean, N. Dicus Duncan, A. C. Etheridge Fowler, A. A., Jr. Funk

Greene Hall Herndon Hurst Johnson, A. S., Dr. Johnson, B. Jones, D. C. Jones, F. C. Jordan, W. H. Kelly Keyton Knight, D. W. Lane Lewis Lindsey

313
Roberts Rodgers, H. B. Rogers, Jimmie Roper Rowland Scarborough Shea Simmons Simpson Sinclair Singer Smith, A. C., Jr. Smith, E. B., Jr. Smith, R. R. Smith, V. T. Snow Stalnaker Steis Story Tabb Todd Tucker, Ray M. Twitty Vaughn Walker Warren Watts Wells, H. H. White Wiggins Williams, G. J. Williams, W. M. Wilson, J. M. Woodward
Logan Mackay Matthews, C. Meeks Moore Morgan, J. H. Mullis Pafford Perry Peterson Pickard Pope Rainey Reaves Russell

314
Rutland Sewell Shuman Smith, Chas. C. Smith, G. L. II Spikes Strickland

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Stuckey Teague Towson
Tucker, J. B. Tucker, M. K. Underwood, J. C. Underwood, R. R.

Ware Watson Wells, D. W.
Wilkes Wilson, Hoke Hudgins Smith, G. T.

On the adoption of the Article the ayes were 139, nays 0.

Article 3 was adopted as amended.

Mr. Bolton of Spalding moved that this House do now adjourn until 10:00 o'clock a.m. Monday morning and the motion prevailed.

The Speaker announced the House adjourned until 10:00 o'clock a.m. Mon day morning and HR 6-1 was carried over as unfinished business.

MONDAY, MAY 25, 1964

315

Representative Hall, Atlanta, Georgia

Monday, May 25, 1964

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

Prayer was offered by Rev. Charles Andrews, Pastor, Corinth Christian Church, Loganville, Ga.

By unanimous consent the call of the roll was dispensed with.

Mr. Clarke of Monroe, Chairman of the Committee on Auditing, Enrolling, Engrossing and Journals reported that the Journal of the previous legislative day had been read and found to be correct.

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

The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. 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 of the House were read the first time and referred to the Committees:
HB 47. By Messrs. Matthews and Newton of Colquitt: A Bill to be entitled an Act to amend the charter of the City of Moultrie, so as to change the maximum sentence which may be imposed upon

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an offender against the penal ordinances of the City as relates to monetary sentences, as well as imprisonment; and for other purposes.
Referred to the Committee on Local Affairs.

HB 48. By Mr. Smith of Forsyth:
A Bill to be entitled an Act to create a board of commissioners of roads and revenues for Forsyth County; and for other purposes.
Referred to the Committee on Local Affairs.

By unanimous consent, the following Bills of the Senate were read the first time and referred to the Committees:

SB 8. By Senators Johnson of the 38th, Salome of the 36th, Wesberry of the 37th and others:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Atlanta relating to vacancies in the membership of the Board of Aldermen; and for other purposes.
Referred to the Committee on Local Affairs.

SB 9. By Senator Rowan of the 8th:
A Bill to be entitled an Act to amend an Act creating the Board of Commissioners of Roads and Revenues for Berrien County, so as to change the compensation of said Board; and for other purposes.
Referred to the Committee on Local Affairs.

SB 10. By Senator Maclntyre of the 40th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Alpharetta, so as to change the corporate limits of said city; and for other purposes.
Referred to the Committee on Local Affairs.

SB 11. By Senator Maclntyre of the 40th:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Roswell, so as to change the corporate limits of said city; and for other purposes.
Referred to the Committee on Local Affairs.

MONDAY, MAY 25, 1964

317

SB 12. By Senators Salome of the 36th, Coggin of the 35th, Wesberry of the 37th and Brown of the 34th:
A Bill to be entitled an Act to amend an Act creating the Judges' and Solicitor-Generals' Retirement Fund of Pulton County, so as to allow certain eligible persons to become members of the retirement fund; and for other purposes.
Referred to the Committee on Local Affairs.

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

HB 46. By Mr. Warren of Wayne:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Jesup, so as to change the corporate limits; and for other purposes.

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

HB 36. By Mr. Deen of Bacon:
A bill to be entitled an Act to abolish the present method of compen sating the Sheriff of Bacon County, and to provide in lieu thereof an annual salary for the sheriff, and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 120, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 38. By Mr. Vaughn of Rockdale: A bill to be entitled an Act to amend an Act creating the office of Tax Commissioner of Rockdale County, so as to change the compensation of the Tax Commissioner and the compensation of his clerical help, and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

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JOURNAL OF THE HOUSE,

On the passage of the Bill, the ayes were 120, nays 0.

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

HB 39. By Mr. Vaughn of Rockdale:
A bill to be entitled an Act to abolish the present mode of compensating the Sheriff of Rockdale County, to provide in lieu thereof an annual salary, and for other purposes.

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

On the passage of the Bill, the ayes were 120, nays 0.

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

HB 40. By Mr. Vaughn of Rockdale:
A bill to be entitled an Act to place the Ordinary of Rockdale County upon an annual salary in lieu of the fee system of compensation, and for other purposes.

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

On the passage of the Bill, the ayes were 120, nays 0.

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

HB 41. By Mr. Vaughn of Rockdale:
A bill to be entitled an Act to amend an Act creating the office of Com missioner of Roads and Revenues of Rockdale County, so as to change the compensation and allowances of the Commissioner, and for other purposes.

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

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319

On the passage of the Bill, the ayes were 120, nays 0.

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

HB 42. By Mr. Bowen of Toombs:
A bill to be entitled an Act to amend an Act creating a new charter for the City of Vidalia, so as to change the corporate limits of said City of Vidalia, and for other purposes.

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

On the passage of the Bill, the ayes were 120, nays 0.

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

HB 43. By Mr. Acree of Towns:
A bill to be entitled an Act to abolish the present mode of compensating the sheriff of Towns County, known as the fee system, and for other purposes.

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

On the passage of the Bill, the ayes were 120, nays 0.

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

HB 17. By Mr. Jones of Worth:
A bill to be entitled an Act to provide a new charter for the City of Sylvester in the County of Worth and for other purposes.

The following amendment was read and adopted:
HOUSE BILL 17
Amend Section 6-20 by deleting from lines 6 and 7 the words "upon adequate compensation, the amount thereof to be determined by the mayor and council, being paid into the city treasury," and by inserting in line 8 after the word "condi tions" the words "and compensation" so that the section as amended will read as follows:

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Sec. 6-20. Grant of franchises, encroachments -- Notice Required.

1

' '

The mayor and council of the City of Sylvester shall have the

power to grant encroachments upon the streets, sidewalks, alleys

or ways of the city, on such terms and in such manner as may be

by ordinance prescribed, and shall have the further power to grant

privileges and franchises to any person, railroad, street railroad, or

other corporation to use any part or parts of the streets, alleys or

ways in the city, upon such terms and conditions and compensation

as the mayor and council may prescribe; provided, however, that

notice of the application for such privilege or franchise shall be

published at least twice in the newspaper in which the sheriff's

notices in Worth County are published, ten (10) days before final

action on such application.

Amend Section 6-21 by deleting the comma after the word "regu late" and the words "tax franchises" in the title of the section, and deleting from lines 2 and 8 the words "to tax said franchise, and re serve in said grant the right", so that the section as amended will read:

Sec. 6-21. Same -- Reservation of right to regulate.

The mayor and council shall not grant any public franchise to any person or incorporated companies without reserving in said grant the right by ordinance from time to time to pass and adopt such reasonable ordinances or resolutions regulating and governing the exercise of such franchise as may be deemed expedient or neces sary.

The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to.
On the passage of the Bill, as amended, the ayes were 120, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
HR 32-36. By Messrs. Griffin and Conger of Decatur:
A RESOLUTION
Proposing an amendment to the Constitution, so as to provide for the creation of the Bainbridge-Decatur County Beverage Control Board; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:

MONDAY, MAY 25, 1964

321

SECTION 1

Article XI, Section I, Paragraph VI of the Constitution is hereby amended by adding at the end thereof the following:

"There is hereby created the 'Bainbridge-Decatur Beverage Control Board'. The Board shall be composed of five members, three of whom shall be appointed by the governing authority of the City of Bainbridge, and two of whom shall be appointed by the governing authority of Decatur County. The first members shall be appointed prior to December 15, 1964, and shall take office January 1, 1965. Such members must be approved by the Grand Jury of Decatur County, and their names shall be submitted by the respective governing authorities to the Grand Jury meeting next after the appointments are made. If a person is not ap proved by said Grand Jury, the appointing authority shall submit the name of a different person to the Grand Jury. The first members shall have terms of one, two, three, four, and five years as shall be designated by the Grand Jury. Thereafter, all members shall be appointed for fiveyear terms so that the terms of the members shall remain staggered. Successors to the first and future members shall be appointed prior to December 15, of the year in which the term expires. All members shall serve until their successors are appointed and qualified and any member may be reappointed. The procedure relative to approval by the Grand Jury, as provided herein, for the first members shall likewise apply to all future members. All actions of the Board, if otherwise valid, shall be valid and binding prior to approval of the members by the Grand Jury in the same manner as such actions would be valid and binding after approval by the Grand Jury.

"In order to be eligible to serve as a member of the Board, a person must have been a resident of Decatur County for two years immediately preceding the date on which he takes office as a member of the Board. In the event a vacancy occurs on the Board, the original appointing authority shall fill the vacancy for the unexpired term. The name of the person designated to fill the vacancy shall be presented for approval to the next Grand Jury. In the event a member moves his residence from Decatur County, he shall immediately cease to be a member of the Board and a vacancy shall exist in such person's position. The members of the Board shall be compensated in the amount of $25.00 per month for their services. The Board shall elect its own Chairman and such other officers as it deems necessary or desirable.

"The Board shall be a body corporate and politic and a public cor poration. It shall have perpetual existence. It may contract and be contracted with, sue and be sued, implead and be impleaded, and com plain and defend in all courts of law and equity. It may exercise any power granted to private corporations not in conflict with this or other provisions of this Constitution or the laws of this State. The Board is hereby authorized and empowered to borrow funds in the name of the Board. The Board shall promulgate rules and regulations relating to the employment and compensation of personnel, and relating to all other matters having to do with the business of the Board. Three members of the Board shall constitute a quorum necessary for the transaction of business, but an affirmative vote by three members of the Board shall

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JOURNAL OF THE HOUSE,

be required to transact business. No vacancy on the Board shall impair the right of transacting business by a quorum if the necessary vote pro vided above is met.

"The Board is hereby authorized and empowered to engage in the business of selling at retail distilled spirits and alcohol for beverage purposes in unbroken packages as a 'Retailer' as now or hereafter pro vided by law. The Board is hereby authorized and empowered to engage in such business without the necessity of an election as now or hereafter provided by law. In all matters relating to such business, the Board shall occupy the same position as a private 'Retailer', and shall be subject to all laws and rules and regulations to which a private 'Retailer' is subject. The Board shall have no authority or power to engage in the aforesaid business except within the geographical limits of Decatur County.

"The profits derived from the operation of such business shall be

divided equally between the City of Bainbridge and Decatur County,

and shall be turned over to the governing authority of said City and

County on a quarterly basis on the fifteenth day of the month for the

immediately preceding quarter. However, the Board is hereby granted

discretion to determine the amount of profits, if any, which should be

turned over to the City and the County, taking into consideration funds

which should be retained for operating expenses, payment of debts,

expansion and similar activities. The Board shall have made an annual

audit of its books and records by a certified public accountant, who

must be approved by the governing authority of the City and the govern-

:-

ing authority of the County."

SECTION 2

When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such pro posed amendment shall be published and submitted as provided in Arti cle XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.

" ~"

The ballot submitting the above proposed amendment shall have

written or printed thereon the following:

'?>'-' -..'

"For ratification of amendment to the Constitution so as to create

the Bainbridge-Decatur County Beverage Control Board.

"Against ratification of amendment to the Constitution so as to create the Bainbridge-Decatur County Beverage Control Board."

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

MONDAY, MAY 25, 1964

323

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

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

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

Those voting in the affirmative were Messrs.

Acree Alien Anderson Arnsdorff Ballard Barber Baughman Beck Bedgood Bell Black Blair Blalock, D. B. Blalock, E. Bolton Bowen, A. Branch Brantley Brooks, Geo. B. Brown Busbee Bynum Byrd Caldwell Carr Causby Chandler Clark, J. T. Coker G., Dr. Coker, R. Conner Davis Dean, N. Deen, H. D. Dennard Dorminy

Duncan, A. C. Duncan, J. E. Echols Plournoy Flynt Fowler, A. A. Jr. Fowler, J. W. Fulford Funk Gibbons Greene Hall Harrington Haris Henderson Herndon Hill House Hurst Isenberg Johnson, A. S. Dr. Johnson, B. Jones, C. M. Jones, F. C. Jones, M. Jordan, J. E. Jordan, W. H. Keadle Killian Knight, D. W. Lane Lee, W. J. (Bill) Lee, Wm. S. Logan Lokey Matthews, C.

Matthews, D. R. McCracken McDonald McKemie Meeks Melton Milford Milhollin Mitchell Mixon Moate Moore Morgan, J. H. Nessmith Newton, A. S. Odom Overby Pafford Paris Parker Partridge Perry Peterson Phillips Ponsell Poole Pope Rainey Raulerson Reaves Rhodes Richardson Roberts Rogers, Jimmie Roper Rowland

324

JOURNAL OF THE HOUSE,

Scarborough Sewell Shea Simmons Simpson Sinclair Singer Smith, Chas. C. Smith, E. B., Jr. Smith, G. L. II Smith, R. R. Smith, V. T.

Spikes Stalnaker Steis Story Strickland Tabb Todd Towson Tucker, J. B. Tucker, Ray M. Twitty Underwood, J. C.

Underwood, R. R. Vaughn Walker Warren Watson Watts Wells, D. W. Wiggins Williams, G. J. Williams, W. M. Wilson, Hoke Woodward

Those not voting were Messrs.:

Abney Andrews Bagby Bowen, R. L. Bowen, R. W. Bowen, R. P. Brackin Brooks, Wilson Clarke, H. G. Conger Cullens DeVane Dicus Dixon Etheridge Fleming Floyd Griffin Groover Hale Harrell

Horton Houston Hull Jones, D. C. Kelly Keyton Kirkland Knight, W. D. Laite Lambert Lee, G. B. Leonard Lewis Lindsey Lowrey Mackay McClelland Morgan, H. Mullis Murphy

Newton, D. L. Payton Pickard Poss Rodgers, H. B. Russell Rutland Shuman Smith, A. C., Jr. Snow Stuckcy Teague Tucker, M. K. Ware Wells, H. H. White Wilkes Wilson, J. M. Hudgins Smith, G. T.

On the adoption of the Resolution, the ayes were 144, nays 0.

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

HR 33-41. By Mr. Vaughn of Rockdale:
A RESOLUTION
Proposing an amendment to the Constitution so as to add two ad ditional members to the Board of Education of Rockdale County; to provide for their election and terms of office; to provide for the election

MONDAY, MAY 25, 1964

325

of a chairman by the Board; to provide for his term of office; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1
Article VIII, Section V, Paragraph I of the Constitution is hereby amended by adding after that paragraph which reads as follows:

"The members of the County Board of Education of Rockdale Coun ty shall be elected by the people at the same time and for the same term that other county officers are elected, and shall hold their offices until their successors are elected and qualified. Sixty days after the ratifi cation of this amendment it shall be the duty of the Ordinary of Rockdale County to call an election for the purpose of electing by the quali fied voters in each school district of a member of the county Board of Education from that school district. The members of the board who are elected at that time shall hold office until their successors are elected and qualified. Should a vacancy occur in the office of any member thus elected, a successor shall be appointed by the Judge of the Superior Court for the unexpired term. One member from each of the existing militia districts in Rockdale County shall be elected to serve on said board, and only the registered and qualified voters in each militia dis trict shall vote for the election of a member from that district. For the purposes of this resolution each such militia district shall be known and designated as a school district.",

the following paragraphs:

"In addition to the members provided for above, there shall be two additional members of the Board of Education of Rockdale County who shall be elected by the qualified voters of the entire county. The first additional members shall be elected in the general election at which this amendment is ratified, and shall take office on January 1, 1965, and shall serve for a term of office of two years and until their successors are duly elected and qualified. Candidates offering for election to the Board at said election shall qualify with the Ordinary of Rockdale Coun ty between September 25, 1964 and October 7, 1964. Thereafter, all suc cessors to the additional members of the Board of Education added by this amendment shall serve for a term of four years and until their successors are duly elected and qualified.

"At the first meeting of the Board in each odd-numbered year, the Board shall elect a chairman to serve for a term of office of two years. If any vacancy should occur in the office of chairman, the same shall be filled by the Board by electing a successor thereto."

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

326

JOURNAL OP THE HOUSE,

their journals with the "Ayes" and "Nays" taken thereon, such pro-

%

posed amendment shall be published and submitted as provided in Arti-

I

cle XIII, Section I, Paragraph I of the Constitution of Georgia of 1945,

j

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 add two additional members to the Board of Education of Rockdale County.

"Against ratification of amendment to the Constitution so as to add two additional members to the Board of Education of Rockdale County."

All persons desiring to vote in favor of adopting the proposed amend ment shall vote for ratification of the amendment, and all persons de siring to vote against the adoption of the proposed amendment shall vote against ratification.

If such amendment shall be ratified as provided in said Paragraph

of the Constitution, it shall become a part of the Constitution of this

;

State. The returns of the election shall be made in like manner as re

turns for elections for members of the General Assembly, and it shall

be the duty of the Secretary of State to ascertain the result and certify

the result to the Governor, who shall issue his proclamation thereon.

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.:

Acree Alien Anderson Arnsdorff Ballard Barber Baughman Beck Bedgood Bell Black Blair
Blalock, D. B. Blalock, E.

Bolton Bowen, A. Branch Brantley Brooks, Geo. B. Brown Busbee Bynum Byrd Caldwell Carr Causby
Chandler Clark, J. T.

Coker, G., Dr. Coker, R. Conner Davis Dean, N. Deen, H. D. Dennard Dorminy Duncan, A. C. Duncan, J. E. Echols Flournoy
Flynt Fowler, A. A. Jr.

Fowler, J. W. Fulford Funk Gibbons Greene Hall Harrington Harris Henderson Herndon Hill House Hurst Isenberg Johnson, A. S. Dr. Johnson, B. Jones, C. M. Jones, F. C. Jones, M. Jordan, J. E. Jordan, W. H. Keadle Killian Knight, D. W. Lane Lee, W. J. (Bill) Lee, Wni. S. Logan Lokey Matthews, C. Matthews, D. R. McCracken McDonald McKemie

MONDAY, MAY 25, 1964
Meeks Melton Milford Milhollin Mitchell Mixon Mo ate Moore Morgan, J. H. Nessmith Newton, A. S. Odom Overby Pafford Paris Parker Partridge Perry Peterson Phillips Ponsell Poole Pope Rainey Raulerson Reaves Rhodes Richardson Roberts Rogers, Jimmie Roper Rowland Scarborough Sewell

327
Shea Simmons Simpson Sinclair Singer Smith, Chas. C. Smith, E. B., Jr. Smith, G. L. II Smith, R. R. Smith, V. T. Spikes Stalnaker Steis Story Strickland Tabb Todd Towson Tucker, J. B. Tucker, Ray M. Twitty Underwood, J. C. Underwood, R. R. Vaughn Walker Warren Watson Watts Wells, D. W. Wiggins Williams, G. J. Williams, W. M. Wilson, Hoke Woodward

Those not voting were Messrs.:

Abney Andrews Bagby Bowen, R. L. Bowen, R. W. Bowen, R. P. Brackin Brooks, Wilson Clarke, H. G. Conger Cullens DeVane Dicus Dixon Etheridge Fleming Floyd

Griffin Groover Hale Harrell Horton Houston Hull Jones, D. C. Kelly Keyton Kirkland Knight, W. D. Laite Lambert Lee, G. B. Leonard Lewis

Lindsey Lowrey Mackay McClelland Morgan, H. Mullis Murphy Newton, D. L. Payton Pickard Poss Rodgers, H. B. Russell Rutland Shuman Smith, A. C., Jr. Snow

328
Stuckey Teague Tucker, M. K. Ware

JOURNAL OP THE HOUSE,

Wells, H. H. White Wilkes Wilson, J. M.

Hudgins Smith, G. T.

On the adoption of the Resolution, the ayes were 144, nays 0.

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

HR 34-43. By Messrs. Bedgood and Matthews of Clarke:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the General Assembly to provide for the election by the people of the mem bers of the Clarke County Board of Education from election districts within said county; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1
Article VIII, Section VII of the Constitution, as amended by an amendment authorizing the General Assembly to pass a special Act or Acts to merge the existing independent school system known as the Board of Education of Athens, Georgia and the existing school district in the County of Clarke outside the corporate limits of said city, rati fied at the general election held in November, 1954 and set forth in Georgia Laws 1953, Jan.-Peb. Sess., p. 560, is hereby amended by adding at the end of subsection (g) of Section 1 of said amendment the follow ing:
"The General Assembly may also provide for the election by the people of the members of the Clarke County Board of Education from election districts created within the Clarke County School District.", so that when so amended subsection (g) shall read as follows:
"(g) The board of education shall be elected or appointed from the district-at-large as may be provided by the General Assembly, and fill ing of vacancies or removal for cause of any members also shall be as provided by the General Assembly. The General Assembly may also pro vide for the election by the people of the members of the Clarke County Board of Education from election districts created within the Clarke County School District."

MONDAY, MAY 25, 1964

329

SECTION 2

When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such pro posed amendment shall be published and submitted as provided in Arti cle XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.

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

"For ratification of amendment to the Constitution so as to autho rize the General Assembly to provide for the election by the people of the members of the Clarke County Board of Education from election dis tricts within said county.

"Against ratification of amendment to the Constitution so as to authorize the General Assembly to provide for the election by the peo ple of the members of the Clarke County Board of Education from election districts within said county."

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

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

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

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

Those voting in the affirmative were Messrs.:

Acree Alien Anderson Arnsdorff Ballard Barber

Baughman Beck Bedgood Bell Black Blair

Blalock, D. B. Blalock, E. Bolton Bowen, A. Branch Brantley

330

JOURNAL OF THE HOUSE,

Brooks, Geo. B. Brown Busbee Bynum Byrd Caldwell Carr Causby Chandler Clark, J. T. Coker, G., Dr. Coker, R. Conner Da vis Dean, N. Deen, H. D. Dennard Dorminy Duncan, A. C. Duncan, J. E. Echols Flournoy Flynt Fowler, A. A., Jr. Fowler, J. W. Fulford Funk Gibbons Greene Hall Harrington Harris Henderson Herndon Hill House Hurst Isenberg Johnson, A. S. Dr. Johnson, B. Jones, C. M. Jones, F. C.

Jones, M. Jordan, J. E. Jordan, W. H. Keadle Killian Knight, D. W. Lane Lee, W. J. (Bill)
Lee, Wm. S. Logan Lokey Matthews, C. Matthews, D. R. McCracken McDonald McKemie Meeks Melton Milford Milhollin Mitchell Mixon Moate Moore Morgan, J. H. Nessmith Newton, A. S. Odom Overby Pafford Paris Parker Partridge Perry Peterson Phillips Ponsell Poole Pope Rainey Raulerson Reaves

Rhodes Richardson Roberts Rogers, Jimmie Roper Rowland Scarborough Sewell Shea Simmons Simpson Sinclair Singer Smith, Chas. C. Smith, E. B., Jr. Smith, G. L. II Smith, R. R. Smith, V. T. Spikes Stalnaker Steis Story Strickland Tabb Todd Towson Tucker, J. B. Tucker, Ray M. Twitty Underwood, J. C. Underwood, R. R. Vaughn Walker Warren Watson Watts Wells, D. W. Wiggins Williams, G. J. Williams, W. M. Wilson, Hoke Woodward

Those not voting were Messrs. :

Abney Andrews Bagby Bowen, R. L. Bowen, R. W. Bowen, R. P. Brackin Brooks, Wilson Clarke, H. G.

Conger
Cullens DeVane Dicus Dixon Etheridge Fleming Floyd Griffin

Groover Hale Harrell Horton Houston Hull Jones, D. C. Kelly Key ton

Kirkland Knight, W. D. Laite Lambert Lee, G. B. Leonard Lewis Lindsey Lowrey Mackay McClelland Morgan, H.

MONDAY, MAY 25, 1964
Mullis Murphy Newton, D. L. Payton Pickard Poss Rodgers, H. B. Russell Rutland Shuman Smith, A. C., Jr. Snow

331
Stuckey Teague Tucker, M. K. Ware Wells, H. H. White Wilkes Wilson, J. M. Hudgins Smith, G. T.

On the adoption of the Resolution, the ayes were 144, nays 0.

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

Under the Special and continuing order of unfinished business, HR 6-1 was again taken up:

Mr. Bolton of Spalding asked unanimous consent that if in the consideration of Article 6 the provisions of Article 4 are altered in reference to the State School Superintendent, the clerk is directed to insert the correct wording in Article 4 wherever necessary.
The consent was granted.
The following paragraph was read and adopted:
ARTICLE 4
EXECUTIVE BRANCH
SECTION 1
EXECUTIVE OFFICERS
Paragraph 1. Elected Executive Officers; Terms of Office; Sala ries. The elected executive officers of this State shall consist of the Governor, Lieutenant Governor, Secretary of State, Attorney General, Treasurer, Commissioner of Agriculture, Commissioner of Labor, and Comptroller General who shall be ex-officio Insurance Commissioner, each of whom shall hold office for a term of four years and until his

332

JOURNAL OF THE HOUSE,

successor is elected and qualified. Such officers shall not be allowed any fee, perquisite or compensation other than their salaries as prescribed by law except their necessary expenses when absent from the seat of government on business for the State.

The following paragraph was read:
Paragraph 2. Qualifications of Elected Executive Officers. No per son shall be eligible to hold the office of Governor or Lieutenant Gover nor unles he shall have been a citizen of the United States for at least fifteen years, shall have resided in this State for at least six years im mediately preceding the time of his election, and shall be at least thirty years of age at the time of taking office. The Governor serving at the time of the adoption of this Constitution and any future elected Governor shall not be eligible to succeed himself and shall not be eligible to hold such office until after the expiration of four years from the conclusion of his term of office. No person shall be eligible to hold the office of Secretary of State, Attorney General, Comptroller General, Treasurer, Commissioner of Agriculture or Commissioner of Labor, unless he shall have been a citizen of the United States for at least ten years, shall have resided in this State for at least six years immediately preceding the time of his election, and shall be at least twenty-five years of age at the time of taking office. No person shall be elected or appointed Attorney General unless at the time of his election or appointment he shall have practiced law for seven years and shall be admitted to prac tice before and be a member in good standing of the Bar of the Supreme Court of Georgia.

The following amendment was read:
Steis of Harris and Harris of DeKalb move to amend the Committee Substitute to H.R. 6-1 by striking the second sentence from Article 4, Section 1, Paragraph 2 and substituting in lieu therefor a new sentence to read as follows:
"The Governor and Lieutenant Governor serving at the time of the adoption of this Constitution, and future elected Governors and Lieu tenant Governors, shall not be eligible to succeed themselves and shall not be eligible to hold such office until after the expiration of four years from the conclusion of their respective terms of office."

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

Those voting in the affirmative were Messrs.:

Acree Anderson Baughman Beck Blair

Blalock, D. B. Brooks, Wilson Causby Chandler Clark, J. T.

Echols Fleming Flournoy Fowler, J. W. Harrell

Harris Henderson House Houston Johnson, A. S. Dr. Johnson, B. Jones, M. Laite Lee, Wm. S. Leonard Lewis

MONDAY, MAY 25, 1964
Lokey Lowrey Mackay Matthews, D. R. Milford Mitchell Pafford Paris Rainey Rhodes Scarborough

333
Shea Simpson Smith, R. R. Spikes Steis Story Tucker, Ray M. Vaughn Williams, G. J. Wilson, Hoke Woodward

Those voting in the negative were Messrs.:

Abney Alien Arnsdorff Bagby Barber Bedgood Bell Black Blalock, E. Bolton Bowen, R. W. Brackin Branch Brantley Brown Bynum Byrd Caldwell Carr Coker, R. Conner Cullens Davis Dennard Dicus Dorminy Duncan, A. C. Duncan, J. E. Floyd

Plynt Funk Gibbons Greene Groover Hale Hill Hull Jordan, J. E. Keyton Killian Kirkland Knight, W. D. Lambert Lane Lee, W. J. (Bill) Matthews, C. McClelland McDonald Melton Milhollin Mixon Moate Morgan, H. Nessmith Newton, A. S. Overby
Parker Partridge

Phillips Pickard Ponsell Poole Pope Reaves Richardson Roberts Rodgers, H. B. Rogers, Jimmie Russell Shuman Simmons Sinclair Smith, G. L. II Snow Tabb Tucker, M. K. Twitty Underwood, R. R. Watts Wells, D. W. Wells, H. H. White Wigging Wilkes Williams, W. M. Hudgins

Those not voting were Messrs.:

Andrews Ballard Bowen, A. Bowen, R. L. Bowen, R. P. Brooks, Geo. B. Busbee

Clarke, H. G. Coker, G., Dr. Conger Dean, N. Deen, H. D. DeVane Dixon

Etheridge Fowler, A. A. Jr. Fulford Griffin Hall Harrington Herndon

334
Horton Hurst Isenberg Jones, M. Jones, D. C. Jones, F. C. Jordan, W. H. Keadle Kelly Knight, D. W. Lee, G. B. Lindsey Logan McCracken McKemie Meeks Moore

JOURNAL OF THE HOUSE,

Morgan, J. H. Mullis Murphy Newton, D. L. Odom Payton Perry Peterson Poss
Raulerson Roper Rowland Rutland Sewell Singer Smith, A. C., Jr. Smith, Chas. C.

Smith, E. B., Jr. Smith, V. T. Stalnaker Striekland Stuckey Teague Todd Towson Tucker, J. B.
Underwood, J. C. Walker Ware Warren Watson Wilson, J. M. Smith, G. T.

On the adoption of the amendment, the ayes were 48, nays 86.

The amendment was lost.

Mr. Smith of Habersham stated that he inadvertently voted "Aye" and would like to be recorded as voting "Nay".

The following amendment was read:
Mr. Smith of Habersham moved to amend HR 6-1, Article 4, Sec tion 1, Paragraph 2 by striking the second sentence in its entirety.

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

Those voting in the affirmative were Messrs.:

Bell Duncan, J. E.

House Russell

Those voting in the negative were Messrs.:

Acree Alien Anderson Arnsdorff Barber Baughman Beck

Bedgood Black Blair Blalock, D. B. Blalock, E. Bolton, A. K. Bowen, A.

Smith, R. R. Steis
Bowen, R. W. Brackin Branch Brantley Brooks, Wilson Brown Busbee

MONDAY, MAY 25, 1964

Bynum Byrd Caldwell Carr Causby Chandler Clark, J. T. Coker, R. Conner Cullens Davis Been, H. D. Dennard DeVane Dicus Dorminy Duncan, A. C. Echols Fleming Flournoy Floyd Flynt Fowler, J. W. Fulford Greene Groover Hale Harrell Harris Henderson Hill Houston Hull Isenberg Johnson, A. S., Dr. Johnson, B. Jones, C. M. Jones, F. C.

Jones, M. Keyton Killian Kirkland Laite Lambert Lane Lee, W. J. (Bill) Lee, Wm. S. Leonard Lewis Lokey Lowrey Mackay Matthews, C. Matthews, D. R. McClelland McDonald Melton Milford Milhollin Mixon Moate Morgan, H. Murphy Nessmith Newton, A. S. Overby Pafford Paris Parker Partridge Peterson Phillips Pickard Ponsell Poole Pope

335
Rainey Reaves Rhodes Richardson Roberts Scarborough Shea Shuman Simmons Simpson Sinclair Smith, A. C., Jr. Smith, G. L. II Snow Spikes Story Tabb Todd Tucker, M. K. Tucker, Ray M. Twitty Underwood, J. C. Underwood, R. R. Vaughn Ware Watts Wells, D. W. Wells, H. H. White Wiggins Wilkes Williams, G. J. Williams, W. M. Wilson, Hoke Woodward Hudgins

Those not voting were Messrs.:

Abney Andrews Bagby Ballard Bowen, R. L, Bowen, R. P. Brooks, Geo. B. Clarke, H. G. Coker, G., Dr. Conger Dean, N. Dixon Etheridge

Fowler, A. A., Jr. Funk Gibbons Griffin Hall Harrington Herndon Horton Hurst Jones, D. C. Jordan, J. E. Jordan, W. H. Keadle

Kelly Knight, D. W. Knight, W. D. Lee, G. B. Lindsey Logan McCracken McKemie Meeks Mitchell Moore Morgan, J. H. Mullis

336
Newton, D.'L. Odom Pay ton Perry Poss Raulerson Rodgers, H. B. Rogers, Jimmie Roper

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Rowland Rutland Sewell Singer Smith, Chas. C. Smith, E. B., Jr. Smith, V. T. Stalnaker Strickland, E. W.

Stuckey Teague Towson Tucker, J. B. Walker Warren Watson Wilson, J. M. Smith, G. T.

On the adoption of the amendment, the ayes were 6, nays 133. The amendment was lost.

The following amendment was read:
Steis of Harris and Harris of DeKalb moves to amend the Com mittee Substitute to HR 6-1 by striking the second sentence from Article 4, Section 1, Paragraph 2 and substituting in lieu therefor a new sentence to read as follows:
"The Governor serving at the time of the adoption of this Constitution, and future elected Governors and Lieutenant Gov ernors, shall not be eligible to succeed themselves and shall not be eligible to hold such office until after the expiration of four years from the conclusion of their respective terms of office."

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

Those voting in the affirmative were Messrs.:

Acree Anderson Blair Brooks, Wilson Causby Fleming Fowler, J. W. Harrell Harris House

Houston Johnson, A. S., Dr. Laite Lee, Wm. S. Leonard
Lewis Lowrey Mackay McKemie Mitchell

Murphy Pafford Pope Richardson Shea Shuman Sinclair Steis Tucker, Ray M. Williams, G. J.

Those voting in the negative were Messrs.:

Abney Alien Arnsdorff Bagby

Barber Baughman Bedgood Bell

Black Blalock, D. B. Blalock, E. Bolton

Bowen, R.W. Brackin Brantley Brown Bynum Byrd Caldwell Carr Chandler Clark, J. T. Coker, R. Conner Cullens Davis Dean, N. Dennard Dicus Dorminy Duncan, A. C. Duncan, J. E. Echols Floyd Plynt Fulford Funk Greene Groover Hale Harrington
Henderson

MONDAY, MAY 25, 1964
Hill Hull Johnson, B. Jones, C. M. Jones, M. Jordan, J. E. Killian Kirkland Knight, W. D. Lambert Lokey Matthews, C. McClelland McDonald Melton Milhollin Mixon Moate Morgan, H. Nessmith Overby Paris Parker Partridge Phillips Pickard Ponsell Poole Reaves Rhodes

337
Roberts Rogers, Jimmie Russell Scarborough Shnmons Simpson Smith, A. C., Jr. Smith, G. L. II Smith, R. R. Snow Story Strickland Tabb Tucker, M. K. Twitty Underwood, J. C. Underwood, R. R. Vaughn Watts Wells, D. W. Wells, H. H. White Wiggins Wilkes Williams, W. M. Wilson, Hoke Woodward Hudgins

Those not voting were Messrs.:

Andrews Ballard Beck Bowen, A. Bowen, R. L. Bowen, R. P. Branch Brooks, Geo. B. Busbee Clarke, H. G. Coker, G., Dr. Conger Deen, H. D. DeVane Dixon Etheridge Flournoy Fowler, A. A., Jr. Gibbons Griffin Hall

Herndon Horton Hurst Isenberg Jones, D. C. Jones, F. C. Jordan, W. H. Keadle Kelly Keyton Knight, D. W. Lane Lee, G. B. Lee, W. J. (Bill) Lindsey Logan Matthews, D. R. McCracken Meeks Milford Moore

Morgan, J. H.
Mullis Newton, A. S. Newton, D. L. Odom Pay ton
Perry Peterson
Poss
Rainey Raulerson Rodgers, H. B. Roper Rowland Rutland Sewell Singer Smith, Chas. C. Smith, E. B., Jr. Smith, V. T. Spikes

338
Stalnaker Stuckey Teague Todd

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Towson Tucker, J. B. Walker Ware

Warren Watson Wilson, J. M. Smith, G. T.

On the adoption of the amendment, the ayes were 30, nays 100.

The amendment was lost.
The following amendment was read and adopted:
Bolton of Spalding and Twitty of Mitchell moves to amend Com mittee Substitute for H. R. 6-1 as follows:
By adding in Article 4, Section 1, Paragraph 2 after the words "fif teen years" the words "immediately preceding the time of his election", and by adding after the words "ten years" the words "immediately preceding the time of his election".
Paragraph 2 was adopted as amended.
The following was read and adopted:
Paragraph 3. Other Executive Officers. The General Assembly shall have power, not inconsistent with the provisions of this Constitu tion, to create other executive officers not provided for in this Constitu tion and prescribe each of such officer's respective qualifications, duties, authority, compensation, term and method of appointment or selection.
The following paragraph was read:
Paragraph 4. Suspension of Officers. The General Assembly shall have the authority to provide by law for the suspension of any execu tive officer or department head from the discharge of the duties of his office, and also for the appointment of a suitable person to discharge the duties of same.
The following amendment was read and adopted:
Bolton of Spalding and Twitty of Mitchell moves to amend Com mittee Substitute for H. R. 6-1 as follows:
By striking Article 4, Section 1, Paragraph 4 in its entirety and inserting in lieu thereof a new Paragraph 4 to read as follows:

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339

"Paragraph 4. Suspension of Officers. The General Assembly is hereby authorized to provide by law the procedure for the temporary suspension of any public officer from the discharge of the duties of his office and for the appointment of a person to discharge the duties of such office."

Paragraph 4 was adopted; as amended.

The following paragraphs were read and adopted:
Paragraph 5. Oath of Office. Each of the executive officers shall, before he enters on the duties of his office, take such oath or affirma tion as may be prescribed by law.
SECTION 2
DUTIES AND POWERS OP GOVERNOR
Paragraph 1. Executive Powers. The chief executive powers shall be vested in the Governor. The other executive officers shall have such powers as may be prescribed by law, not inconsistent with the powers of the Governor as the chief executive officer of the State.
Paragraph 2. Commander-in-Chief. The Governor shall be Commander-in-Chief of the defense and disaster forces of the Militia of the State.
Paragraph 3. Suspension of Death Sentences. The Governor shall have power to suspend the execution of a sentence of death, after con viction, for offenses against the State, until the State Board of Pardons and Paroles shall have an opportunity of hearing the application of the convicted person for any relief within the power of such Board, or for any other purposes which may be deemed necessary by the Governor. Upon conviction of any person for treason the Governor may only sus pend the execution of the sentence and report the case to the General Assembly at the next meeting thereof, when the General Assembly shall either pardon, commute the sentence, direct its execution or grant fur ther reprieve. The Governor shall, at each session of the General As sembly, communicate to that body each case of suspension of sentence, stating the name of the convict, the offense for which he was convicted, the sentence and its date, the date of the reprieve or suspension, and the reason for granting the same.
Paragraph 4. Law Enforcement. The Governor shall take care that the laws are faithfully executed, and shall be a conservator of the peace throughout the State.

The following paragraph was read:

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Paragraph 5. Writs of Election. The Governor shall issue writs of election to fill all vacancies that may occur in the Senate and the House of Representatives, where such vacancy would cause a district or county to be without full representation in a session of the General Assembly.

The following amendment was read and adopted:
Bolton of Spalding and Twitty of Mitchell moves to amend Com mittee Substitute for H. R. 6-1 as follows:
By adding at the end of Article 4, Section 2, Paragraph 5 a new sentence to read as follows:
"The General Assembly shall provide by law the procedure relative to the issuance of such writs and the election to fill vacancies."

Paragraph 5 was adopted as amended.

The following paragraph was read:
Paragraph 6. Information and Recommendations to General As sembly. The Governor shall give the General Assembly, from time to time, information of the state of the Commonwealth, and recommend to its consideration such measures as he may deem necessary or expedient.

The following amendment was read and adopted:
Twitty of Mitchell moves to amend Committee Substitute for H. R. 6-1 as follows:
By striking from Article 4, Section 2, Paragraph 6 the word "Com monwealth" and inserting in lieu thereof the word "State".

Paragraph 6 was adopted as amended.

The following paragraph was read and adopted:
Paragraph 7. Extraordinary Sessions of the General Assembly. The Governor may convoke the General Assembly in extraordinary session whenever he deems it necessary, but no laws shall be enacted at any such extraordinary session except those which relate to the objects stated in his proclamation calling such session. It shall be mandatory upon the Governor to convoke the General Assembly in extraordinary session for all purposes whenever three-fifths of the members elected

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to the House of Representatives and three-fifths of the memhers elected to the Senate certify to him that in their opinion an emergency exists in the affairs of the State. Should the Governor fail to do so within five days, Sundays excluded, after receipt of such certification, the General Assembly may convene itself in extraordinary session for all purposes as if convened in regular session. An extraordinary session convoked by the Governor shall not exceed seventy days in length and an extraordinary session convened by the General Assembly itself shall not exceed thirty days in length, unless at the expiration of either there shall be pending an impeachment trial, in which event the Senate shall be authorized to remain in session until such trial is completed.

The following paragraph was read:
Paragraph 8. Filling Vacancies. The General Assembly shall have power to provide by law for filling unexpired terms by special election except as provided in this Constitution. Unless otherwise provided in this Constitution or by law, when any office shall become vacant the Governor is hereby empowered to fill such vacancy and such person shall serve for the unexpired term.
The following amendment was read and adopted:
Bolton of Spalding and Twitty of Mitchell moves to amend Com mittee Substitute for H. R. 6-1 as follows:
By striking Article 4, Section 2, Paragraph 8 in its entirety and in serting in lieu thereof a new Paragraph 8 to read as follows:
"Paragraph 8. Pilling Vacancies. Unless provided for in this Con stitution, the General Assembly is hereby authorized to provide by law the manner in which a vacancy in any public office shall be filled. If no provision therefor is made in this Constitution or by law, when any office shall become vacant, the Governor shall appoint a person to fill such vacancy for the unexpired term."

Paragraph 8 was adopted as amended.

The following paragraphs were read and adopted:
Paragraph 9. Bills and Resolutions, Governor's Approval or Veto.
(a) All bills, and all resolutions intended to have the effect of law, which have been passed by the General Assembly, shall be pre sented to the Governor.
(b) The Governor may approve or veto any such bill or resolution within five days, excluding Sundays, after it has been presented to him

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unless the General Assembly shall adjourn before the expiration of said five days, in which event the Governor shall have thirty days, excluding Sundays, from the date of adjournment in which to approve or veto the same. In the event the Governor approves any such bill or resolution, the same shall become law on that day unless a different effective date is provided in such bill or resolution, in which event such bill or reso lution shall become law on said effective date. In the event the Governor vetoes any such bill or resolution, the same shall not become law unless such veto is overridden by a vote of two-thirds of the members elected to the House of Representatives and a vote of two-thirds of the members elected to the Senate.

(c) Whenever any such bill or resolution is vetoed by the Governor, it shall be his duty to transmit the same to the presiding officer of the house in which it originated together with his reasons for such veto. If the General Assembly is in session at the time, such transmission shall be made within six days, excluding Saturdays and Sundays, from the date of presentation to the Governor. Upon being received by the pre siding officer of such house, and upon a motion being adopted before adjournment, such bill or resolution shall be considered immediately for the purpose of overriding the veto. In the event the General Assembly shall have adjourned within such time, such transmission shall be made within thirty-five days, excluding Sundays, from the date of the ad journment of the session of the General Assembly at which such bill or resolution was passed. Upon a motion being adopted by such house within ten days after the convening of the next regular session of the General Assembly, such bill or resolution shall be considered immediately for the purpose of overriding the veto. In the event such house votes to override the veto, the bill or resolution shall be immediately trans mitted to the other house. Upon receiving such bill or resolution, it shall be the duty of the presiding officer of such other house to immediately suspend all business and consider such bill or resolution for the purpose of overriding the veto. In the event such veto is overridden by such house, such bill or resolution shall become law on that day and shall become effective on the same day or on the effective date provided in the bill or resolution, whichever date is later in the point of time. If either house fails to override the Governor's veto, any such bill or resolution shall not again be taken up for the purpose of overriding such veto.

(d) If any such bill or resolution is not approved or vetoed by the Governor within five days, excluding Sundays, after it has been pre sented to him, the same shall become law unless the General Assembly adjourns within said five days, in which event the Governor shall have thirty days, excluding Sundays, after the date of adjournment to ap prove or veto such bill or resolution, and if not approved or vetoed within said thirty days, the same shall become law.
(e) The Governor may approve any appropriation and veto any other appropriation in the same bill and the latter shall not become law unless such veto is overridden as provided herein.
(f) The Governor shall not have the power to veto any proposal by the General Assembly to amend this Constitution.

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343

.j,;

Paragraph 10. Information Prom Officers and Employees. The

|'|

Governor may require information in writing from constitutional of-

'

ficers, department heads, and all State employees, on any subject re

lating to the duties of their respective offices or employment.

The following amendment was read and adopted:
Mr. Bolton of Spalding and Twitty of Mitchell moves to amend Com mittee Substitute to HR 6-1 as follows:
By adding at the end of Article 4, Section 2 a new Paragraph to be known as Paragraph 11 to read as follows:
Paragraph 11. Appointments not confirmed. In the event the Senate fails to confirm any appointment made by the Governor and presented to the Senate for confirmation, any such person shall not be appointed by the Governor to the same position for a period of at least one year after the date the Senate fails to confirm such appointment."

Paragraph 11 was adopted.

The following paragraph was read and adopted:
SECTION 3
POWERS AND DUTIES OF LIEUTENANT GOVERNOR
Paragraph 1. President of Senate. The Lieutenant Governor shall be President of the Senate, and shall have such other duties as pre scribed by this Constitution or by law.

The following paragraph was read:
Paragraph 2. Exercise of Executive Power. In case of death, resig nation or removal from office of the Governor, the Lieutenant Governor shall exercise the executive power and receive the compensation of the Governor until the next general election, at which a successor to the Governor shall be elected for the unexpired term; but if such death, resignation or removal from office shall occur within thirty days of the next general election, or if the term will expire within ninety days after the next general election, the Lieutenant Governor shall exercise the executive power and receive the compensation of the Governor for the unexpired term. In case of the disability of the Governor, the Lieutenant Governor shall exercise the executive power until the removal of such disability.

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The following amendment was read and adopted:

Mr. Groover of Bibb moves to amend Paragraph 2 of Section 3 of Article 4 of HR 6-1 by adding in the last line after the first comma the following:

"as provided by law,"

Paragraph 2 was adopted as amended.

The following paragraph was read and adopted:
Paragraph 3. Resignation if Candidate for Governor. If the Lieu tenant Governor shall become a candidate for the unexpired term of the Governor, he shall thereby resign his office as Lieutenant Governor, effective upon the qualification of the Governor elected for the unex pired term, and his successor for the unexpired term shall be elected at such election.

The following paragraph was read:
SECTION 4
EXERCISE OP EXECUTIVE POWER BY PERSONS OTHER THAN THE GOVERNOR OR LIEUTENANT GOVERNOR
Paragraph 1. Exercise of Executive Power by Speaker of the House of Representatives. In case of the death, resignation or removal from office of both the Governor and the Lieutenant Governor, the Speaker of the House of Representatives shall exercise the executive power and receive the compensation of the Governor until the election and quali fication of a Governor at a special election, which shall be held within sixty days from the date on which the Speaker of the House of Repre sentatives shall assume the executive power. In case of disability of both the Governor and Lieutenant Governor, the Speaker of the House of Representatives shall exercise the executive power and receive the com pensation of the Governor until the disability of one of them is removed.

The following amendment was read and adopted:
Mr. Twitty of Mitchell moves to amend Paragraph 1 of Section 4 of Article 4 by adding in the last sentence after the word "Representa tives" the following:
", as provided by law".

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345

Paragraph 1 was adopted as amended.

The following paragraph was read:
Paragraph 2. Exercise of Executive Power by Others. The General Assembly shall provide by law for the devolution of the executive power in the event of the death, resignation, removal from office or disability of the Governor, Lieutenant Governor and Speaker of the House of Rep resentatives. In case of disability of the Governor, Lieutenant successor to the Governor shall be elected for the unexpired term; but if such death, resignation or removal from office shall occur within thirty days of the next general election, or if the term will expire within ninety days after the next general election, the Lieutenant Governor shall exercise the executive power and receive the compensation of the Gover nor for the unexpired term. In case of the disability of the Governor, the Lieutenant Governor shall exercise the executive power until the removal of such disability.

The following amendment was read and adopted:
Mr. Bagby of Paulding moves to amend Paragraph 2 of Section 4 of Article 4 at the end of the first sentence the words:
"as provided by law"

Paragraph 2 was adopted as amended.

The following paragraphs were read and adopted:
SECTION 5
DUTIES AND POWERS OF OTHER ELECTED EXECUTIVE OFFICERS
Paragraph 1. Duties and Powers of Other Elected Executive Of ficers. The Secretary of State, Attorney General, Comptroller General, Treasurer, Commissioner of Agriculture and Commissioner of Labor shall be commissioned by the Governor and hold their offices for the same term as the Governor. The General Assembly shall prescribe the respective duties and authorities of each of such officers, and shall pro vide for necessary expenses for the operation of the department of each. All of said officers shall give bond and security, under regulations to be prescribed by law, for the faithful discharge of their duties. It shall be the duty of the Attorney General to act as the chief law officer of the State and the chief legal advisor to the Governor and executive officers, and to represent the State in all civil and criminal cases in any court when required by the Governor or when the State has an interest

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in such a case, and to perform such other services as may be required of him by law.

Paragraph 2. Great Seal. The Great Seal of the State shall be de posited in the office of the Secretary of State and shall not be affixed to any instrument of writing except by order of the Governor or General Assembly, and the Seal now in use shall be the Great Seal of the State until otherwise provided by law.

The following paragraph was read:
SECTION 6
SOLICITORS GENERAL
Paragraph 1. Number; Term of Office; Vacancies. There shall be a solicitor general for each judicial circuit, whose term of office shall be four years and until his successor is qualified. Solicitors general shall be elected by the electors of their respective circuits at the general elec tion held next preceding the expiration of their respective terms. Every vacancy occasioned by death, resignation or other cause shall be filled by appointment of the Governor until the first day of January after the general election held next after the expiration of thirty days from the time such vacancy occurs, at which election a successor for the unexpired term shall be elected.

The following amendment was read and adopted:
Mr. Twitty of Mitchell moves to amend Committee substitute to HR 6-1 as follows:
By adding to Article 4, Section 6, Paragraph 1 in the first sentence before the word "qualified" the words "elected and",
By striking in the second sentence the words "their respective cir cuits" and inserting in lieu thereof the words "the whole state entitled to vote for members of the General Assembly."

Paragraph 1 was adopted as amended.

The following paragraph was read:
Paragraph 2. Duties. It shall be the duty of the solicitor general to represent the State in all criminal cases in the superior courts of his circuit and in all criminal cases taken up from the superior courts of

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347

his circuit to the Supreme Court and Court of Appeals and to perform such other services as shall be required of him by law. No solicitor gen eral shall represent any private party in any proceeding in which the State or any political subdivision thereof is an adverse party.

The following amendment was read:
Mr. Cullens of Bartow moves to amend HR 6-1 by adding at the end of paragraph 2 of Section 6 of Article 4 the following language:
"nor shall he represent any private party in divorce proceedings."

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

Those voting in the affirmative were Messrs.

Acree Alien Anderson Arnsdorff Bagby Ballard Barber Baughman Beck Bedgood Bell Black Blair Blalock, D. B. Bolton Bowen, A. Bowen, R. W. Brackin Branch Brantley Brooks, Geo. B. Brooks, Wilson Bynum
Caldwell Causby Chandler Clark, J. T. Cullens Davis Deen, H. D. Dennard Dixon Dorminy Duncan, A. C. Duncan, J. E. Echols

Fleming Flournoy Flynt Fowler, J. W. Funk Greene Groover Harris Henderson House Houston Hull Isenberg Johnson, A. S. Dr.
Jones, M. Jordan, J. E. Jordan, W. H. Keyton Killian Kirkland Lambert Lee, Wm. S. Leonard Lowrey Matthews, C. Matthews, D. R. McClelland McKemie Meeks Milford
Mixon Morgan, H. Nessmith Overby Pafford Paris

Partridge Payton Peterson Phillips Pickard
Poole Pope Rainey Raulerson
Reaves Rhodes Richardson Roberts Russell Scarborough
Shea Simmons Sinclair
Singer Smith, A. C., Jr.
Steis Story Strickland Tabb Tea^ue
Todd Tucker, Ray M. Twitty Underwood, J. C. Vaughn Watts Wiggins Wilkes Williams, G. J. Wilson, Hoke
Woodward

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Those voting in the negative were Messrs.:

Byrd Floyd Johnson, B.

Jones, C. M. Milhollin Murphy

Rogers, Jimmie Snow Williams, W. M.

Those not voting were Messrs.:

Abney Andrews Blalock, E. Bowen, R. L. Bowen, R. P. Brown Busbee Carr Clarke, H. G. Coker, G. Dr. Coker, R. Conger Conner Dean, N. DeVane Dicus Etheridge Fowler, A. A. Jr. Fulford Gibbons Griffin Hale Hall Harrell Harrington Herndon Hill Horton Hurst Jones, D. C.

Jones, F. C. Keadle Kelly Knight, D. W. Knight, W. D. Laite Lane
Lee, G. B. Lee, W. J. (Bill) Lewis Lindsey Logan Lokey Mackay McCracken McDonald Melton Mitchell Moate Moore Morgan, J. H. Mullis Newton, A. S. Newton, D. L. Odom Parker Perry Ponsell Poss Rodgers, H. B.

Roper Rowland Rutland Sewell Shuman Simpson Smith, Chas. C. Smith, E. B., Jr. Smith, G. L. II Smith, R. R. Smith, V. T. Spikes Stalnaker Stuckey Towson Tucker, J. B. Tucker, M. K. Underwood, R. R. Walker Ware Warren Watson Wells, D. W. Wells, H. H. White Wilson, J. M. Hudgins Smith, G. T.

On the adoption of the amendment, the ayes were 108, nays 9.

The amendment was adopted.

Paragraph 2 was adopted as amended.

"NayM".r. Lewis of Wilkinson stated that would like to be recorded as voting

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349

Mr. Overby of Hall stated that he inadvertently voted "Aye" and would like to be recorded as voting "Nay".

The following paragraphs were read and adopted:
Paragraph 3. Salaries of Solicitors. Solicitors general shall re ceive from the State Treasury such compensation as may be fixed by law. The General Assembly may by law authorize any county to supple ment the compensation of the solicitor from funds of the county or counties comprising the circuit of such solicitor.
Paragraph 4. Pees of Solicitors General. The General Assembly may, without regard to uniformity, abolish the fees accruing to the office of solicitor general and in lieu thereof place such solicitor on a salary basis, and may prohibit solicitors general from engaging in the private practice of law.
Paragraph 5. Qualifications of Solicitors General. No person shall be hereafter elected or appointed solicitor general unless at the time of his taking office he shall have attained twenty-five years of age, shall have been a citizen of the State and a resident of the territory compris ing the circuit wherein he is elected or appointed for the three years next preceding his election or appointment, shall have practiced law for five years preceding his election or appointment, and shall be admit ted to practice before and be a member in good standing of the Bar of the Supreme Court of Georgia.
SECTION 7
ELECTIONS
Paragraph 1. Election of Executive Officers. The first election for Governor, Lieutenant Governor, Secretary of State, Attorney Gen eral, Comptroller General, Treasurer, Commissioner of Agriculture and Commissioner of Labor, under this Constitution, shall be held on Tues day after the first Monday in November, 1966. An election shall take place quadrennially thereafter, on said day, until another day be fixed by the General Assembly. All such officers shall be installed in office at the next regular annual session of the General Assembly subse quent to their election. Said election shall be held at the places of hold ing general elections in the several counties of this State, in the man ner prescribed for the election of members of the General Assembly, and the electors shall be the same.
Paragraph 2. Returns of Elections. The returns for every election of said officers shall be sealed by the managers, separately from other returns, and directed to the President of the Senate and Speaker of the House of Representatives, and transmitted to such person or author ity as provided by law, who shall, without opening said returns, cause the same to be laid before the Senate on the day after the two houses have been organized, and they shall be transmitted by the Senate to the House of Representatives.

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The following paragraph was read:

Paragraph 3. How Returns Published. The members of each house of the General Assembly shall convene in the Representative Hall, and the President of the Senate and the Speaker of the House of Repre sentatives shall open and publish the returns in the presence and under the direction of the General Assembly; and the person having the ma jority of the whole number of votes, shall be declared duly elected to each of said offices; but if the person having received a majority of the whole number of votes shall not be in life, the incumbent officer shall con tinue to serve until an election by the electors can be held in the man ner prescribed by the General Assembly; but, if no person shall have received such majority, then from the two persons having received the highest number of votes, if both such persons shall be in life, the General Assembly shall immediately elect such officer by a roll call vote; and in all cases of election of any such officer by the General Assembly, a majority of the members shall be necessary to a choice. However, in the event that no person shall have received a majority of the whole number of votes in the general election, and if either of the two persons having received the highest number of votes shall not be in life, the incumbent officer shall continue to serve until an election by the electors can be held in the manner prescribed by the General Assembly.

The following amendment was read and adopted:
Mr. Twitty of Mitchell and Groover of Bibb moves to amend para graph 3 of Section 7 of Article 4 by adding in the 4th line from the bottom after the word "assembly" the words "which election shall be held not less than 120 days from the convening of that General Assembly."
Paragraph 3 was adopted as amended.

The following paragraphs were read and adopted:
Paragraph 4. Contested Elections. Contested elections shall be de termined by both houses of the General Assembly in such manner as shall be prescribed by law.
SECTION 8
CONSTITUTIONAL BOARDS AND COMMISSIONS
Paragraph 1. Continuation of Existing Board and Commissions. All the Constitutional Boards and Commissions listed in this Paragraph, having heretofore been created, are hereby recreated and continued as Constitutional Boards and Commissions. The members of such Boards and Commissions shall consist of those in office at the time of the ef fective date of this Constitution and such members shall serve for the terms theretofore appointed or elected. Appointments for full terms and to fill vacancies on all such Boards and Commissions, except the Public

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351

Service Commission, shall be made by the Governor and confirmed by the Senate. Appointments to fill vacancies shall be made for the unexpired term. Any appointment made while the Senate is in regular session shall be presented for confirmation during such session. Any appointment made while the Senate is not in regular session shall be presented to the next regular session of the Senate for confirmation. The members of such Boards and Commissions shall possess the qualifi cations and receive the compensation provided for such members at the time of the effective date of this Constitution, but the General Assembly is hereby authorized to change such qualifications and compensation by law, except that the compensation of the members of the Publice Service Commission and the State Board of Pardons and Paroles shall not be diminished during the term of office for which such members were elected or appointed. In addition to such powers and duties as may be prescribed in this Constitution, such Boards and Commissions shall have such powers and duties as may be provided by law.

(a) The State Board of Pardons and Paroles. The State Board of Pardons and Paroles shall be vested with and shall exercise all the powers of executive clemency, except as otherwise provided in this Constitution. The Board shall be composed of three members who shall serve for terms of seven years, dating from the expiration of the pre vious terms of its members. The Governor shall not be a member of the Board nor shall he participate in the decisions of the Board, except if any member for any cause is unable to serve in any case involving capital punishment or if two of the members are divided in any case involving the disqualification or disability of the third member, the Governor in such case shall act as a member of the Board. All cases involving capital punishment shall be acted upon by the full Board and each member shall pass upon the same and shall execute as a permanent part of the record of each such case a written statement in support of or in explanation of such member's decision. In all cases the majority vote of its members shall decide the action of the Board. The Board is hereby vested with the power to grant reprieves, pardons, paroles, com mutation of sentences, commutation of penalties, removal of disabilities imposed by law and the remission of all or any portion of a sentence for any offense against the State, after conviction, except in cases of treason or impeachment. Its members, acting in an ex-officio capacity,
shall compose the State Board of Probation which Board shall administer
the Statewide Probation System.

The following paragraph was read:
(b) Public Service Commission. The Public Service Commission shall be responsible for the regulation of utilities and transportation. The Commission shall consist of five members who shall be elected by the people. The terms of members shall be for six years, dating from the expiration of the previous terms of its members. A chairman shall be selected by the members of the Commission from its membership. The manner and time of election and the procedure for filling vacancies shall be provided by law.

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The following amendment was read :

Dixon of Ware and House of Bibb move to amend Committee Sub stitute for HR 6-1 as follows:

By striking the first sentence from Article 4, Section 8, Paragraph

1 (b) and inserting in lieu thereof a new sentence to read as follows:

"The Public Service Commission shall be responsible for the regulation of utilities and transportation and the promulgation of rules governing the safety of transportation employees, and shall be vested with such jurisdiction, powers and duties relative thereto
as may be provided by law."

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

Those voting in the affirmative were Messrs.:

Arnsdorff Bagby Ballard Blair Brooks, Wilson Clarke, H. G. Dean, N. Dixon Duncan, A. C. Fleming Flournoy Fowler, J. W. Funk Greene

Harris House Houston Isenberg Leonard McClelland McDonald Milford Milhollin Mitchell Moore Nessmith Overby Paris

Ponsell Rainey Raulerson Roberts Roper Russell Simpson Smith, R. R. Teague Walker Williams, G. J. Williams, W. M. Wilson, Hoke

Those voting in the negative were Messrs.

Alien Anderson Andrews Barber Baughman Beck Bedgood Black Blalock, E. Bolton Bowen, A. Bowen, R. W.

Branch Brown Bynum Byrd Carr Causby Chandler Coker, R. Conner Deen, H. D. Dennard Dicus

Duncan, J. E. Echols Floyd Flynt Fowler, A. A., Jr. Groover Hale Hall Harrell Harrington Henderson Herndon

Horton Hull Johnson, A. S., Dr. Johnson, B. Jones, C. M. Jones, F. C. Jordan, W. H. Kelly Kirkland Knight, W. D. Laite Lambert Lee, G. B. Lee, W. J. (Bill) Lee, Wm. S. Lewis Lokey Lowrey Mackay Matthews, C.

MONDAY, MAY 25, 1964
Matthews, D. R. McKemie Melton Mixon Moate Morgan, H. Pafford Partridge Phillips Pickard Poole Pope Reaves Rhodes Richardson Rogers, Jimmie Scarborough Shea Shuman Simmons

353
Sinclair Singer Smith, A. C., Jr. Snow Spikes Steis Story Strickland Tabb Tucker, Ray M. Twitty Underwood, J. C. Vaughn Ware Watts Wells, D. W. Wells, H. H. White Wiggins Woodward

Those not voting were Messrs.:

Abney Acree Bell Blalock, D. B. Bowen, R. L. Bowen, R. P. Brackin Brantley Brooks, Geo. B. Busbee Caldwell Clark, J. T. Coker, G., Dr. Conger Cullens Davis DeVane Dorminy Etheridge Fulford Gibbons Griffin Hill

Hurst Jones, D. C. Jones, M. Jordan, J. E. Keadle Keyton Killian Knight, D. W. Lane Lindsey Logan McCracken Meeks Morgan, J. H. Mullis Murphy Newton, A. S. Newton, D. L. Odom Parker Payton Perry Peterson

Poss Rodgers, H. B. Rowland Rutland Sewell Smith, Chas. C. Smith, G. B., Jr. Smith, G. L., II Smith, V. T. Stalnaker Stuckey Todd Towson Tucker, J. B. Tucker, M. K. Underwood, R. R. Warren Watson Wilkes Wilson, J. M. Hudgins Smith, G. T.

On the adoption of the amendment, the ayes were 41, nays 96.

The amendment was lost.

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JOURNAL OF THE HOUSE,

Mr. Cullens of Bartow stated that he was called from the Hall of the House to confer with constituents at the time the roll was called but had he been present he would have voted "Aye".

The following amendment was read:
Bolton of Spalding and Twitty of Mitchell moves to amend Com mittee Substitute for HR 6-1 as follows:
By striking the first sentence from Article 4, Section 8, Paragraph 1 (b) and inserting in lieu thereof a new sentence to read as follows:
"The Public Service Commission shall be responsible for the regulation of utilities and transportation, and shall be vested with such jurisdiction, powers and duties relative thereto as may be provided by law."
On the adoption of the amendment, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Alien Anderson Andrews Arnsdorff Bagby Barber Baughman Beck Bedgood Bell Black Blair Blalock, E. Bolton Bowen, A. Bowen, R. W. Branch
Brooks, Wilson Brown Busbee Bynum Byrd Carr Chandler Clarke, H. G. Coker, R. Conner

Cullens Dean, N. Deen, H. D. Dennard Dicus Dorminy Duncan, A. C. Duncan, J. E. Echols Fleming Flournoy Floyd Flynt Fowler, A. A., Jr. Funk Greene Groover
Hale Harrell Harrington Harris Henderson Herndon Horton House Houston Hull

Isenberg Johnson, A. S., Dr. Johnson, B. Jones, C. M. Jones, F. C. Jones, M. Jordan, W. H. Kelly Keyton Kirkland Knight, W. D. Laite Lane Lee, G. B. Lee, W. J. (Bill) Lee, Wm. S. Lewis
Lokey Lowrey Mackay Matthews, C. Matthews, D. R. McClelland McDonald McKemie Melton Milford

Milhollin Mitchell Mixon Moate Moore Morgan, H. Murphy Overby Pafford Paris Parker Partridge Payton Pickard Ponsell Poole Pope

MONDAY, MAY 25, 1964
Raulerson Reaves Rhodes Richardson Roberts Rogers, Jimmie Roper Russell Scarborough Shea Shurnan Simmons Sinclair Singer Smith, A. C., Jr. Smith, R. R. Snow

355
Spikes Steis Story Tabb Teague Tucker, Ray M. Twitty Underwood, J. C. Vaughn Watts Wells, D. W. Wells, H. H. Wiggins Wilkes Williams, G. J. Williams, W. M. Woodward

Those voting in the negative were Mr. Dixon.

Those not voting were Messrs.:

Abney Acree Ballard Blalock, D. B. Bowen, R. L. Bowen, R. P. Brackin Brantley Brooks, Geo. B. Caldwell Causby Clark, J. T. Coker, G., Dr. Conger Davis DeVane Etheridge Fowler, J. W. Fulford Gibbons Griffin Hall Hill Hurst

Jones, D. C. Jordan, J. E. Keadle Killian Knight, D. W. Lambert Leonard Lindsey Logan McCracken Meeks Morgan, J. H. Mullis Nessmith Newton, A. S. Newton, D. L. Odom Perry Peterson Phillips Poss Rainey Rodgers, H. B. Rowland

Rutland Sewell Simpson Smith, Chas. C. Smith, E. B., Jr. Smith, G. L., II Smith, V. T. Stalnaker Strickland Stuckey Todd Towson Tucker, J. B. Tucker, M. K. Underwood, R. R. Walker Ware Warren Watson White Wilson, Hoke Wilson, J. M. Hudgins Smith, G. T.

On the adoption of the amendment, the ayes were 132, nays 1.

The amendment was adopted.

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JOURNAL OF THE HOUSE,

Paragraph 1 (b) was adopted as amended.

The Speaker announced the House recessed until 2:00 p.m.

AFTERNOON SESSION

The Speaker called the House to order.
HR 6-1 was again taken up.
The following paragraphs were read and adopted:
(c) State Personnel Board. The State Personnel Board shall administer a State Merit System under which the State personnel under such System shall be selected on a basis of merit, fitness and efficiency, as may be provided by law. The Board shall be composed of three members who shall serve for terms of seven years, dating from the expiration of the previous terms of its members. No State official or employee shall be a member of the Board.
(d) Board of Commissioners of the Department of Industry and Trade. The Board of Commissioners of the Department of In dustry and Trade shall be composed of two members from each Congressional District in the State, but no two shall be from the same county except where a Congressional District is contained within a county. The members of the Board shall serve for terms of six years, dating from the expiration of the previous terms of its members. The Board shall be the policy determining body of the Department. The Board shall elect a Director who shall be the ex ecutive officer of the Board and the administrative head of the Department.

By unanimous consent, the Clerk was directed to correct a typographical error in (d) changing Commissions to Commissioners.

The following paragraph was read:
(e) State Board of Corrections. The State Board of Correc tions shall be vested with the administration of the State Penal System. The Board shall be composed of five members who shall serve for terms of five years, dating from the expiration of the previous terms of its members. The Board shall elect a Director of Corrections who shall be the executive officer of the Board and the administrative head of the Department of Corrections.

MONDAY, MAY 25, 1964

357

The following amendment was read and adopted:

Bolton of Spalding and Twitty of Mitchell moves to amend Com mittee Substitute for HE 6-1 as follows:

By striking the first sentence from Article 4, Section 8, Paragraph 1 (e) and inserting in lieu thereof a new sentence to read as follows:

"The State Board of Corrections shall be responsible for the administration and control of the State Penal System and the in mates thereof, and shall be vested with such jurisdiction, powers and duties relative thereto as may be provided by law."

Paragraph 1 (e) was adopted as amended.

The following paragraph was read and adopted:
(f) Veterans Service Board. The Veterans Service Board shall be composed of seven members who shall serve for terms of seven years, dating from the expiration of the previous terms of its members. Said Board shall elect a Director who shall be the executive officer of the Board and the administrative head of the State Department of Veterans Service. All members of the Board and the Director shall be veterans of some armed conflict in which the United States has engaged with some foreign power.
The following paragraph was read:
(g) Game and Fish Commission. The State Game and Fish Commission shall be composed of one member from each Congres sional District in the State and one additional member from one of the following named counties, to-wit: Chatham, Bryan, Liberty, Mclntosh, Glynn, or Camden, who shall serve for terms of seven years, dating from the expiration of the previous terms of its mem bers.
The following amendment was read and adopted:
Mr. Twitty of Mitchell moves to amend Committee Sub. for HR 6-1 as follows:
By adding at the end of Article 4 Section 8 Paragraph 1 (g) a sentence to read as follows:
"The Board shall elect a Director of the Game and Fish Com mission who shall be the Executive Officer of the Game and Fish Commission."

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JOURNAL OF THE HOUSE,

Paragraph 1 (g) was adopted as amended.

The following paragraph was read and adopted:
Paragraph 2. State Highway Board. The State Highway Board which has heretofore been created by statute, is hereby recreated and continued as a Constitutional Board. The Board shall be composed of as many members as there are Congressional Districts in the State. The member of the Board from each Congressional District shall be elected by a majority vote of the members of the House of Representatives and Senate from the counties and Senatorial Districts embraced or partly embraced within such Congressional District, meeting in caucus. All members shall be elected for terms of five years each and until their successors are duly elected and qualified. Nothing herein shall affect the terms of office of members of the Board now in office, and such members shall serve out the remainder of their respective terms and until their successors are duly elected and qualified. The successors to such members, as their respective terms expire, shall be elected by the General Assembly as provided herein and pursuant to the provisions of law. The Board shall elect a Director of the State Highway Depart ment who shall be the Chief Executive Officer of the Department, except that the Director of the Department in office at the time of the adoption of this Constitution shall not be affected, and such Director shall serve out the remainder of his term as now provided by law. The General Assembly shall define by law the powers, duties, qualification, and compensation of the members of the Board and of the Director, and shall by law prescribe the manner, time and procedure for the election of members of the Board, and the manner of filling vacancies therein.

On the adoption of Article 4 as amended, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Alien Anderson Andrews Arnsdorff Bagby Barber Baughman Beck Bedgood Bell Black Blair
Blalock, D. B. Blalock, E. Bolton

Bowen, A. Bowen, R. L. Bowen, R. W. Branch Brantley Brooks, Geo. B. Brooks, Wilson Brown Busbee Bynum Byrd Caldwell Carr
Clark, J. T. Clarke, H. G. Coker, R.

Conner Cullens Dean, N. Deen, H. D. Dennard DeVane Dorminy Duncan, A. C. Duncan, J. E. Echols Flournoy Fowler, A. A., Jr. Fowler, J. W.
Gibbons Groover Hale

MONDAY, MAY 25, 1964

Harrell Henderson House Houston Isenberg Johnson, A. S., Dr. Johnson, B. Jones, D. C. Jones, F. C. Jones, M. Jordan, J. E. Jordan, W. H. Keadle Kelly Killian Kirkland Knight, W. D. Lambert Lee, G. B. Lee, W. J. (Bill) Lee, Wm. S. Lewis Lokey Lowrey Matthews, C. McClelland

McKemie Melton Milford Milhollin Mixon Moate Morgan, H. Nessmith Newton, A. S. Overby Pafford Parker Partridge Payton Perry Peterson Ponsell Poole Poss Raulerson Reaves Rhodes Richardson Rogers, Jimmie Roper Rowland

359
Scarborough Shea Shuman Simmons Sinclair Singer Smith, A. C., Jr. Smith, R. R. Snow Spikes Stalnaker Story Tabb Teague Tucker, Ray M. Twitty Underwood, R. R. Ware Watts Wells, D. W. White Wiggins Wilkes Williams, G. J. Williams, W. M. Woodward

Those voting in the negative were Messrs.:

Dixon Harris Leonard

Moore Paris Steis

Walker Wilson, Hoke

Those not voting were Messrs.:

Acree Ballard Bowen, R. P. Brackin Causby Chandler Coker, G., Dr. Conger Davis Dicus Etheridge Fleming Floyd Flynt Fulford Funk Greene

Griffin Hall Harrington Herndon Hill Horton Hull Hurst Jones, C. M. Keyton Knight, D. W. Laite Lane Lindsey Logan Mackay Matthews, D. R.

McCracken McDonald Meeks Mitchell Morgan, J. H. Mullis Murphy Newton, D. L. Odom Phillips Pickard Pope Rainey Roberts Rodgers, H. B. Russell Rutland

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Sewell Simpson Smith, Chas. C. Smith, E. B., Jr. Smith, G. L., II Smith, V. T. Strickland

Stuckey Todd Towson Tucker, J. B. Tucker, M. K. Underwood, J. C. Vaughn

Warren Watson Wells, H. H. Wilson, J. M. Hudgins Smith, G. T.

On the adoption of the Article, the ayes were 126, nays 8.

The Article 4 was adopted as amended.

Mr. Mackay of DeKalb stated that he would like to be recorded as voting "Nay" on the adoption of Article 4.

Mr. Twitty of Mitchell asked unanimous consent, that the House reconsider its action in adopting Article 4 as amended.

The consent was granted and the House has reconsidered.

The following amendments were read and adopted:
Groover of Bibb moves to amend Committee Substitute to HR 6-1 as follows:
By adding at the end of Article 4, Section 3, Paragraph 2 the follow ing sentence: "The General Assembly is hereby authorized to provide by law the procedure by which a determination shall be made as to when a disability shall exist and when a disability shall cease to exist."
Groover of Bibb moves to amend Committee Substitute to HR 6-1 as follows:
By adding at the end of Article 4, Section 4, Paragraph 1 the follow ing sentence: "The General Assembly is hereby authorized to provide by law the procedure by which a determination shall be made as to when a disability shall exist and when a disability shall cease to exist."
Groover of Bibb moves to amend Committee Substitute to HR 6-1 as follows:
By adding after the second sentence of Article 4, Section 4, Para graph 2 the following sentence: "The General Assembly is hereby au thorized to provide by law the procedure by which a determination shall

MONDAY, MAY 25, 1964

361

be made as to when a disability shall exist and when a disability shall cease to exist."

On the motion to adopt Article 4 as amended, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Alien Anderson Andrews Bagby Barber Baughman Beck Bell Black Blair Blalock, D. B. Blalock, E. Bolton Bowen, R. L. Bowen, R. W. Brackin Branch Brantley Brooks, Geo. B. Brooks, Wilson Brown Busbee Bynum Byrd Caldwell Chandler Clark, J. T. Clarke, H. G. Coker, R.
Cullens
Davis
Dean, N.
Deen, H. D.
Dennard
DeVane
Dorminy
Duncan, J. E.
Echols
Flournoy
Floyd

Fowler, A. A., Jr. Fowler, J. W. Gibbons Groover Hale Harrell Harrington Henderson Hill House Houston Isenberg Johnson, A. S., Dr. Johnson, B. Jones, F. C. Jones, M. Jordan, J. E. Keadle Kelly Killian Kirkland Knight, W. D. Lambert Lee, W. J. (Bill) Lewis Lokey Lowrey Matthews, D. R. McClelland McKemie
Melton
Milford
Milhollin
Mixon
Moate
Morgan, H.
Murphy
Nessmith
Newton, A. S.
Overby
Pafford

Paris Parker Partridge Payton Peterson Phillips Ponsell Poss Raulerson Reaves Rhodes Richardson Rogers, Jimmie Rowland Scarborough Shea Shuman Simmons Sinclair Singer Smith, A. C., Jr. Smith, R. R. Snow Spikes Stalnaker Story Tabb Teague Tucker, Ray M. Twitty
Underwood, J. C.
Ware
Watts
Wells, D. W.
Wells, H. H.
Wiggins
Wilkes
Williams, G. J.
Williams, W. M.
Woodward

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JOURNAL OF THE HOUSE,

Those voting in the negative were Messrs.:

Dixon Griffin Harris

Lee, Wm. S. Leonard Mackay

Moore Steis Walker

Those not voting were Messrs.:

Acree Arnsdorff Ballard Bedgood Bowen, A. Bowen, R. P. Carr Causby Coker, G., Dr. Conger Conner
Dicus Duncan, A. C. Etheridge Fleming Flynt Fulford Funk Greene Hall Herndon Horton Hull Hurst Jones, C. M.

Jones, D. C. Jordan, W. H. Keyton Knight, D. W. Laite Lane Lee, G. B. Lindsey Logan Matthews, C. McCracken McDonald Meeks Mitchell Morgan, J. H. Mullis Newton, D. L. Odom Perry Pickard Poole Pope Rainey Roberts Rodgers, H. B.

Roper Russell Rutland Sewell Simpson Smith, Chas. C. Smith, E. B., Jr. Smith, G. L., II Smith, V. T. Strickland Stuckey Todd Towson Tucker, J. B. Tucker, M. K. Underwood, R. R. Vaughn Warren Watson White Wilson, Hoke Wilson, J. M. Hudgins Smith, G. T.

On the adoption of the article, the ayes were 122, nays 9.

The Article 4 was adopted as amended.

Mr. Bolton of Spalding asked unanimous consent that Article 6 be taken up before Article 5.

The Consent was granted and Article 6 was taken up for consideration.

The following paragraph was read:

MONDAY, MAY 25, 1964

363

ARTICLE 6

EDUCATION

SECTION 1

PUBLIC EDUCATION

Paragraph 1. Public Education; Support by Public Funds. An ade quate common school education for its citizens shall be a primary obli gation of the State of Georgia and its political subdivisions, the expense of which shall be borne out of public funds. The General Assembly shall by taxation or otherwise provide for such public funds.

The following amendment was read and adopted:
Mr. Busbee of Dougherty moves to amend HR 6-1 Art 6 Para. 1 Section 1 by striking same and inserting in lieu thereof a new para graph 1 to read as follows:
"Paragraph 1. Public Education Support by Public Funds. "An adequate common school education for its citizens shall be a primary obligation of the State of Georgia, the expense of which shall be borne out of public funds. The General Assembly shall pro vide for such public funds, and may prescribe the terms and condi tions upon which state funds shall be made available for this purpose."

Paragraph 1 was adopted.

The following paragraph was read and adopted:
Paragraph 2. Public Education; Other than Common Schools. The General Assembly may provide for an adequate public education for its citizens other than in the common schools, and may provide that the expense thereof be borne out of public funds and funds from such other sources, including tuition charges, as the General Assembly may pre scribe.

Mr. Groover of Bibb moves that the House consider Section 3 of Article 6 before considering Section 2.

On the motion, the roll call was ordered and the vote was as follows:

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Those voting in the affirmative were Messrs.:

Acree Alien Anderson Arnsdorff Bagby Ballard Barber Baughman Beck Bell Black Blair Blalock, E. Bolton, A. K. Bowen, R. L. Bowen, R. W. Brackin Brantley Brooks, Geo. B. Brooks, Wilson Brown Busbee Bynum Byrd Caldwell Carr Clark, J. T. Coker, R. Conger Davis Dean, N. Deen, H. D. Dennard DeVane Dorminy Duncan, A. C. Etheridge Flournoy Floyd Flynt Fowler, A. A., Jr. Fowler, J. W.

Fulford Greene Griffin Groover Hale Harrell Harrington Henderson Hill Horton Houston Isenberg Johnson, A. S., Dr. Johnson, B. Jones, D. C. Jordan, W. H. Kelly Keyton Killian Kirkland Laite Lambert Lane Lee, G. B. Lee, Wm. S. Leonard Lokey Matthews, D. R. McClelland Meeks Melton Milford Mitchell Mixon Moate Moore Morgan, H. Nessmith Newton, A. S. Odom Overby Pafford

Paris Parker Partridge Pickard Ponsell Poole Pope Poss Rainey Reaves Rhodes Richardson Roberts Rogers, Jimmie Rowland Russell Scarborough Shea Simmons Simpson Sinclair Singer Smith, A. C., Jr. Smith, R. R. Spikes Stalnaker Story Strickland Tabb Todd Tucker, Ray M. Twitty Underwood, J. C. Underwood, R. R. Vaughn Ware Watts Wells, D. W. White Williams, W. M. Wilson, Hoke Woodward

Those voting in the negative were Messrs.:

Andrews Dixon Echols Fleming Gibbons House Jones, M.

Jordan, J. E. Keadle Lewis Lowrey Mackay Matthews, C. Murphy

Payton Shuman Snow Steis Walker Wilkes

MONDAY, MAY 25, 1964

Those not voting were Messrs.:

Abney Bedgood Blalock, D. B. Bowen, A. Bowen, R. P. Branch Causby Chandler Clarke, H. G. Coker, G., Dr. Conner Cullens Dicus Duncan, J. E. Funk Hall Harris Herndon Hull Hurst

Jones, C. M. Jones, F. C. Knight, D. W. Knight, W. D. Lee, W. J. (Bill) Lindsey Logan McCracken McDonald McKemie Milhollin Morgan, J. H. Mullis Newton, D. L. Perry Peterson Phillips Raulerson Rodgers, H. B. Roper

365
Rutland Sewell Smith, Chas. C. Smith, E. B., Jr. Smith, G. L. II Smith, V. T. Stuckey Teague Towson Tucker, J. B. Tucker, M. K. Warren Watson Wells, H. H. Wiggins Williams, G. J. Wilson, J. M. Hudgins Smith, G. T.

On the motion to reconsider, the ayes were 126, nays 20.

The motion prevailed and Section 3 was taken up for consideration.

The following paragraph was read:
SECTION 3
STATE SCHOOL SUPERINTENDENT
Paragraph 1. Appointment and Qualifications. There shall be a State School Superintendent who shall be the Executive Officer of the State Board of Education and the Chief Administrative Officer of the State Department of Education. He shall be appointed by the State Board of Education and shall serve at the pleasure of the Board. He shall have such powers, duties and compensation as may be provided by law. No member of the State Board of Education shall be eligible for appointment as State School Superintendent during the term for which he shall have been appointed as a member.

The following amendment was read:
Wells of Oconee and Story of Gwinnett moves to amend Committee Substitute for HR 6-1 as follows:

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JOURNAL OF THE HOUSE,

By striking Article 6, Section 3, Paragraph 1 in its entirety and inserting in lieu thereof a new Paragraph 1 to read as follows:

"Paragraph 1. State School Superintendent; Election; Term. There shall be a State School Superintendent who shall be the Execu tive Officer of the State Board of Education and the Chief Admin istrative Officer of the State Department of Education. He shall be elected at the same time, in the same manner and for the same term as the Governor. He shall have such qualifications and compensation as may be provided by law. No member of the State Board of Edu cation shall be eligible for election as State School Superintendent during the term for which he shall have been appointed."

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 Acree Alien Andrews Arnsdorff Bagby Ballard Barber Baughman Beck Black Blalock, E. Bolton Bowen, R. L. Bowen, R. W. Brackin Branch Brantley Brooks, Geo. B. Brown Busbee Bynum Byrd Caldwell Carr Chandler Clark, J. T. Clarke, H. G. Coker, R. Conger Conner Cullens Da vis

Dean, N. Dennard DeVane Dixon Dorminy Duncan, A. C. Duncan, J. E. Echols Flournoy Floyd Flynt Fowler, A. A., Jr. Fowler, J. W. Greene Griffin Groover Hale Harrell Harrington Herndon Hill Horton Houston Johnson, B. Jones, C. M. Jones, D. C. Jones, F. C. Jones, M. Jordan, J. E. Jordan, W. H. Kelly Kirkland Knight, W. D.

Laite Lambert Lane Lee, G. B. Lee, W. J. (Bill) Lee, Wm. S. Leonard Lewis Lokey Lowrey Matthews, D. R. McKemie Meeks Melton Milford Milhollin Mixon Moate Morgan, H. Nessmith Newton, A. S. Overby Pafford Paris Parker Partridge Perry Phillips Pickard Ponsell Poole Pope Poss

Eainey Raulerson Rhodes Roberts Rogers, Jimmie Roper Rowland Russell Scarborough Shuman Simmons Simpson Sinclair Singer Smith, A. C., Jr. Smith, E. B., Jr.

MONDAY, MAY 25, 1964
Smith, G. L., II Smith, R. R. Smith, V. T. Snow Spikes Stalnaker Story Strickland Tabb Teague Todd Tucker, J. B. Tucker, M. K. Tucker, Ray M. Twitty Underwood, J. C.

367
Underwood, R. R. Vaughn Ware Watts Wells, D. W. Wells, H. H. White Wilkes Williams, G. J. Williams, W. M. Wilson, Hoke Wilson, J. M. Woodward Hudgins

Those voting in the negative were Messrs.:

Anderson Bedgood Bell Blair Brooks, Wilson Causby Etheridge Fleming Fulford Gibbons

Harris House Isenberg Johnson, A. S., Dr. Killian Mackay Matthews, C. McClelland Mitchell Moore

Murphy Payton Peterson Reaves Richardson Shea Steis Walker

Those not voting were Messrs.:

Blalock, D. B. Bowen, A. Bowen, R. P. Coker Deen, H. D. Dicus Funk Hall Henderson Hull Hurst

Keadle Keyton Knight, D. W. Lindsey Logan McCracken McDonald Morgan, J. H. Mullis Newton, D. L. Odom

Rodgers, H. B. Rutland Sewell Smith, Chas. C. Stuckey Towson Warren Watson Wiggins Smith, G. T.

On the adoption of the amendment, the ayes were 145, nays 28.

The amendment was adopted.

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JOURNAL OF THE HOUSE,

Paragraph 1 was adopted as amended.

Mr. Keyton of Thomas stated that he would like to be recorded as voting "Aye" on paragraph 1 of Section 3 of Article 6.

Mr. Wells of Oconee asked unanimous consent that the following amendments be adopted in order to correct provisions in Article 4 provided for in Article 6 in accordance with previous instructions to the Clerk to add the necessary wording:

The consent was granted and the following amendments were read and adopted:
Wells of Oconee moves to amend Committee Substitute for HR 6-1 as follows:
By adding to Article 4, Section 1, Paragraph 1 after the word "Treasurer" the words "State School Superintendent".
Wells of Oconee moves to amend Committee Substitute for HR 6-1 as follows:
By adding to Article 4, Section 1, Paragraph 2 after the word "Treasurer" the words "State School Superintendent".
Wells of Oconee moves to amend Committee Substitute for HR 6-1 as follows:
By adding to Article 4, Section 7, Paragraph 1 after the word "Treasurer" the words "State School Superintendent".
Wells of Oconee moves to amend Committee Substitute for HR 6-1 as follows:
By adding to Article 4, Section 5, Paragraph 1 after the word "Treasurer" the words "State School Superintendent".
The following paragraph was read:
SECTION 2
STATE BOARD OF EDUCATION
Paragraph 1. State Board of Education. The State Board of Edu cation, having heretofore been created as a constitutional board, is hereby recreated and continued as a constitutional board. The members of said Board in office at the time of the effective date of this Constitu-

MONDAY, MAY 25, 1964

369

tion shall serve until July 1, 1965, at which time the terms of all such members shall expire and said Board shall stand abolished. Effective July 1, 1965, a new constitutional State Board of Education is hereby created. Such Board shall be composed of one member from each con gressional district in the State. The members of such Board shall be selected and appointed as follows: one representative member from the Board of Education of each county, area, or independent school system in the congressional district, and all members of the General Assembly who represent counties or senatorial districts within or partly within the con gressional district, shall caucus at a location in the congressional dis trict and choose three nominees, one of whom shall be appointed by the Governor, subject to confirmation by the Senate, as the mem ber of the Board from such congressional district. The General As sembly shall provide by law the procedure for such caucus and other matters relative thereto. The first members of the Board who take office July 1, 1965, shall serve as follows: two members each shall be appointed for staggered terms of one, two, three, four, and five years, and until their successors are appointed and qualified. Such terms shall be desig nated by the Governor. Thereafter, successors shall serve for terms of five years and until their successors are appointed and qualified. Suc cessors shall likewise be selected and appointed in the same manner as original members. Vacancies shall be filled in the same manner as pro vided for full terms and the person filling such vacancy shall serve for the unexpired term. The members of the Board shall be citizens of this State who shall have resided in Georgia for at least five years immediately preceding their appointment. The members shall have such other qualifications and shall receive such compensation as may be pro vided by law. No person employed in a professional capacity by a private or public educational institution or by the State Board of Edu cation shall be eligible to serve on said Board. Such new Board shall be the successor to the abolished Board and shall have such rights, powers and duties as may be provided by law.

The following amendment was read:
Wells of Oconee and Story of Gwinnett moves to amend Committee Substitute for HR 6-1 as follows:
By striking Article 6, Section 2, Paragraph 1 in its entirety and inserting in lieu thereof a new Paragraph 1 to read as follows:
"Paragraph 1. State Board of Education. The State Board of Education, having heretofore been created as a Constitutional Board, is hereby recreated and continued as a Constitutional Board. The Board shall be composed of one member from each Congress ional District in the State and all members shall serve for terms of seven years, dating from the expiration of the previous terms of its members. The members of the Board in office at the time of the effective date of this Constitution shall serve for the terms hereto fore appointed. Appointments for full terms and to fill vacancies shall be made by the Governor and confirmed by the Senate. Ap pointments to fill vacancies shall be made for the unexpired term.

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Any appointment made while the Senate is in regular session shall be presented to the Senate for confirmation during such session. Any appointment made while the Senate is not in regular session shall be presented to the next regular session of the Senate for confirmation. The Governor shall not be a member of the Board and no person employed in a professional capacity by a private or public education institution or by the State Department of Education shall be eligible to serve on the Board. The Board shall have such powers and duties as may be provided by law. The members shall have such qualifications and receive such compensation as may be provided by law."

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

Those voting in the affirmative were Messrs.

Bagby Blalock, D. B. Bolton Bowen, R. W. Brackin Busbee Carr Clarke, H. G. Dean, N. Dennard Dixon

Jones, M. Lambert Leonard Lewis Lokey Melton Milford Mixon Moate Morgan, H. Overby

Pafford Partridge Pickard Russell Smith, A. C., Jr. Smith, R. R. Story Wells, D. W. Wells, H. H. Williams, W. M.

Those voting in the negative were Messrs.

Abney Acree Alien Anderson Andrews Arnsdorff Barber Baughman Beck Bedgood Bell Black Blair Bowen, A. Branch Brantley Brooks, Wilson Brown Bynum

Byrd Caldwell Chandler Coker, R. Conger Conner Deen, H. D. DeVane Dorminy Duncan, A. C. Echols Etheridge Flournoy Fowler, J. W. Fulford Gibbons Greene Griffin Groover

Harrell Harrington Harris Henderson Herndon Horton House Houston Johnson, A. S., Dr. Johnson, B. Jones, C. M. Jordan, W. H. Keadle Keyton Kirkland Knight, W. D. Laite Lee, G. B. Lee, Wm. S.

Mackay Matthews, C. Matthews, D. R. McClelland McKemie Meeks Milhollin Mitchell Moore Murphy Nessmith Newton, A. S. Paris Parker Peterson Ponsell Poole

MONDAY, MAY 25, 1964
Poss Raulerson Reaves Rhodes Richardson Roberts Rogers, Jimmie Roper Shea Shuman Simpson Singer Smith, E. B., Jr. Smith, G. L., II Smith, V. T. Snow Spikes

371
Stalnaker Steis Todd Tucker, J. B. Tucker, M. K. Tucker, Ray M. Twitty Underwood, R. R. Walker Ware Watts White Wilkes Williams, G. J. Woodward

Those not voting were Messrs.:

Ballard Blalock, E. Bowen, R. L. Bowen, R. P. Brooks, Geo. B. Causby Clark, J. T. Coker, G., Dr. Cullens Davis Dicus Duncan, J. E. Fleming Ployd Plynt Fowler, A. A., Jr. Funk Hale Hall Hill Hull Hurst Isenberg

Jones, D. C. Jones, F. C. Jordan, J. E. Kelly Killian Knight, D. W. Lane Lee, W. J. (Bill) Lindsey Logan Lowrey McCracken McDonald Morgan, J. H. Mullis Newton, D. L. Odom Payton Perry Philips Pope Rainey Rodgers, H. B.

Rowland Rutland Scarborough Sewell Simmons Sinclair Smith, Chas. C. Strickland Stuckey Tabb Teague Towson Underwood, J. C. Vaughn Warren Watson Wiggins Wilson, Hoke Wilson, J. M. Hudgins Smith, G. T.

On the adoption of the amendment, the ayes were 32, nays 106.

The amendment was lost.
Mr. Barber of Jackson stated that he inadvertently voted "Nay" and would like to be recorded as voting "Aye".

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'4

Paragraph 1 was adopted without an amendment.

.

The following paragraphs were read and adopted:

SECTION 4

BOARD OF REGENTS

Paragraph 1. Board of Regents of the University System of Geor gia. The Board of Regents of the University System of Georgia, having heretofore been created as a constitutional board, is hereby recreated and continued as a constitutional board. The Board shall be composed of one member from each congressional district in the State and five ad ditional members from the State-at-large, and all members shall serve for the terms of seven years, dating from the expiration of the previous terms of its members. The members of said Board in office at the time of the effective date of this Constitution shall serve for the terms here tofore appointed. Appointments for full terms and to fill vacancies shall be made by the Governor and confirmed by the Senate. Appointments to fill vacancies shall be made for the unexpired term. Any appointment made while the Senate is in regular session shall be presented to the Senate for confirmation during such session. Any appointment made while the Senate is not in regular session shall be presented to the next regular session of the Senate for confirmation. The Governor shall not be a member of said Board. The government, control, and management of the University System of Georgia and all of its institutions in said system shall be vested in the Board of Regents of the University System of Georgia. The Board shall have such further powers and duties as may be provided by law. The members shall have such qualifications and re ceive such compensation as may be provided by law.

SECTION 5

SCHOOL DISTRICTS
Paragraph 1. (a) County School District; County Board of Edu cation; Election or Appointment; Change by Referendum. Authority is granted to counties to establish and maintain public schools. Except as provided in Paragraph 2 of this Section, each county, exclusive of any independent school system now in existence in a county, shall com pose one county school district, and shall be confined to the control and management of a County Board of Education, which shall have such powers and duties as may be provided by law. The members of the County Board of Education in each county shall be elected or appointed in the manner and for such terms as may be provided by law applicable thereto at the time of the effective date of this Constitution until such time as the manner of election or appointment and the terms of mem bers are changed by local law conditioned upon approval by a majority of the voters of the county school district voting in a referendum thereon. The members of the County Board of Education in each county shall be freeholders in such county and shall be elected or appointed from that portion of the county not embraced within the territory of an independ-

MONDAY, MAY 25, 1964

373

ent school district, and shall have such further qualifications as may be prescribed by law.

(b) County School Superintendent; Election or Appointment; Change by Referendum. There shall be a County School Superintendent in each county school district, who shall be the executive officer of the County Board of Education and the administrative officer of the county school district. He shall have such qualifications, powers, duties and compensation as provided by law. He shall be elected or appointed in the manner and for such term as may be provided by law applicable thereto at the time of the effective date of this Constitution until such time as the manner of election or appointment and tenure are changed by local law conditioned upon approval by a majority of the voters of the county school district voting in a referendum thereon.

The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto:

HB 13. By Mr. Bowen of Dooly:
A Bill to be entitled an Act so as to extend the corporate limits of the Town of Byromville, and for other purposes.
The following Senate substitute was read:
COMMITTEE SUBSTITUTE TO HB 13.
A BILL
To be entitled an Act to amend an act found in Georgia Laws 1905, published by authority, at pages 690 to 695, inclusively, as variously amended, so as to extend the corporate limits of Town of Byromville so as to include within its limits part of Lot of Land No. 11 situate in First Land District of Dooly County, Georgia, and other area being part of Lots of Land Nos. 191, 192, 193, and 194 situate in Second Land District of said County, and so as to provide that the extension shall not become effective until approved by a simple majority of the qualified voters voting in the area to be added in an election for that purpose to be held and by a simple majority of the qualified voters voting in the present corporate limits in an election for that purpose to be held, and so as to provide for the holding of separate elections, and for other purposes therein-mentioned.
BE IT ENACTED by the General Assembly of the State of Georgia and it is hereby enacted by the authority of the same as follows.
SECTION 1. The corporate limits of the town of Byromville, defined in Section 2 of an act of the General Assembly of Georgia, approved 19 August 1905, found in Georgia Laws, 1905, published by authority, at

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pages 690 to 695, inclusively, are extended and enlarged so as to include segments as follows: (A) SEGMENT No. 1 being part of Lots of Land Nos. 191 and 194 situate in the Second Land District of Dooly County, Georgia, identified as comprising rectangular plot with dimensions 2640 feet north and south and 1070 feet east and west lying immediately east of D Avenue extending from the north side of Fourth Street to the south side of D Street, delineated in withinmentioned plat, (B) SEGMENT No. 2 being part of Lots of Land Nos. 192 and 193 situate in the same District identified as comprising rectangular plot with dimensions 2640 feet north and south and 820 feet east and west lying immediately west of Fourth Avenue extending from the north side of Fourth Street to the south side of D Street, delineated in cyanotype plat laid out for the town of Byromville appearing of record in Dooly registry in its Deed Book 14, at pages 294 and 295, copy whereof upon reduced scale is recorded in the same registry in its Deed Book 73, at page 453, (C) SEGMENT No. 3 being part of the withinmentioned Lots 193 and 194 identified as com prising rectangular plot with dimensions 580 feet north and south and 5250 feet east and west lying immediately south of the aforementioned Segment No. 1 and of the present south limits of the said town, defined in the aforementioned Section 2 of the aforementioned Act approved 19 August 1905, and of the aforementioned Segment No. 2, (D) SEGMENT No. 4 being part of the withinmentioned Lots 191 and 192 identified as comprising rectangular plot with dimensions 580 feet north and south and 5250 feet east and west lying immediately north of the aforemen tioned Segment No. 1 and of the present north limits of the said town, defined in the same Section 2, and of the aforementioned Segment No. 2, and (E) SEGMENT No. 5 being part of Lot of Land No. 11 situate in the First Land District of Dooly County, Georgia, identified as comprising all the east 1820 feet of the said numbered lot which lies south of a line 1820 feet in length, the east extremity of which is collinear with the north
side of the aforementioned Segment No. 4.

SECTION 2. Within 120 days after the date of the approval of this Act the Ordinary of Dooly County, Georgia, shall call a referendum election to be held in the year 1964 to determine whether a simple ma jority of the voters qualified under the provisions of this Act and voting at such election favor the annexation of the territory, mentioned in Sec tion 1 hereinbefore, and shall give public notice in the newspaper in which the sheriff's advertisements for Dooly County appear once a week for two successive calendar week next preceding the election, stating in the notice the location of the polling place designated by either the Ordinary or the board of county commissioners of the said County, the day and hours of voting, and a brief statement of the issues to be deter mined by the election and explicitly referring to the certified copy of the Act herein to be kept on file in the Ordinary's office previously to the election subject to inspection by the public during regular office hours.
The registrars of Dooly County shall meet and certify a list of all quali
fied voters residing in the territory proposed to be annexed and who are
registered and qualified to vote for members of the General Assembly,
and only those residents whose names appear upon such list shall be
eligible to vote at the election herein authorized. Further, the Ordinary
shall appoint three managers to supervise the election, which managers
shall be first sworn by the Ordinary to faithfully manage the election,
and the laws and regulations applicable to special elections, not in con-

MONDAY, MAY 25, 1964

375

flict with the specific provisions hereof, shall apply. Before offering to vote each voter shall be required to subscribe an oath that he comes with in the terms of the aforesaid qualifications, and any person who shall swear falsely that he is qualified to vote or who shall cast more than one ballot or who shall vote thereat without proper qualifications, shall upon conviction be punished as for a misdemeanor. Ballots shall show the purpose of the election, refer to this Act, and shall have written or printed thereon the words "For annexation" and "Against annexation" and voters favoring annexation or extension in the premises shall mark out or cancel the words "Against annexation" and voters opposed to annexation in the premises shall mark out or cancel the words "For annexation," and promptly upon the closing of the polls the managers shall publicly count the ballots cast and within 18 hours thereafter deliver to the Ordinary the sealed ballot box, ballots, tally sheet and list of voters and certify the result to the Ordinary who shall as soon as practicable thereafter declare the result of the election in writing to either the clerk or the mayor of Town of Byromville.

SECTION 3. The governing authorities of Town of Byromville shall call an election of the qualified voters of Town of Byromville to be held on the same day and within the same hours as the election autho rized in Section 2, hereinbefore, to determine whether a simple majority of the voters qualified under the provisions of this Act and voting at the municipality conducted election favor the annexation of the territory, mentioned in Section 1, hereinbefore, and shall give public notice in the official organ or newspaper of the Town of Byromville at least one week next preceding the election, stating in the notice the location of the polling place, the day and hours of election for voting, and explicitly referring to the certified copy of the Act herein to be kept of file in the office of clerk and treasurer previously to the election subject to inspection by the public during office hours. Only citizens of Town of Byromville qualified to vote for members of the General Assembly and under the laws per taining to municipal elections shall be qualified to vote in the election, and the election shall be held in accordance with the laws governing elections in the municipality, Town of Byromville, to the extent not in conflict with the specific provisions hereof. Before offering to vote each voter shall be required to subscribe an oath that he comes within the terms of the aforesaid qualifications, and any person who shall swear falsely that he is qualified to vote or who shall cast more than one ballot or who shall vote thereat without proper qualification, shall upon conviction be punished as for a misdemeanor. Ballots shall show the pur pose of the election, refer to this Act, and shall have written or printed thereon the words "For annexation" and "Against annexation" and voters favoring annexation or extension in the premises shall mark out or cancel the words "Against annexation" and voters opposed to annexa tion in the premises shall mark out or cancel the words "For annexation," and the governing authorities of Town of Byromville shall declare the result of the election and elections.

SECTION 4. Costs of both of the elections provided for in this Act shall be borne by Town of Byromville.

SECTION 5. Should both of the elections be in favor of incorporat ing the additional territory such annexed territory shall automatically

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and without further act become a part of the corporate limits of Town of Byromville, and the governing authorities of Town of Byromville acting through its Mayor shall certify to the Secretary of State such new corporate limits, whereof all the courts within the State of Georgia shall take judicial notice.

SECTION 6. In case the result of the elections favor the incorpora tion of additional territory the governing authorities of Town of Byromville shall not assess for the year 1964 any ad valorem taxes with respect to the lands in such territory.

SECTION 7. All laws in conflict with this enactment are repealed to the extent of the conflict.

SECTION 8. If any provision of this enactment or the application thereof to any person or circumstance is held by any court of competent jurisdiction to be null, frustrate or inoperative, such holding of invalid ity shall not affect or disturb the operation of other provisions or ap plications of the enactment which can be given effect without the in valid provision or application, and to this end the provisions of this enactment are declared to be severable.

SECTION 9. Attached hereto as an annexure and made a part of this enactment is copy of the notice to apply for the local legislation herein, certified by the publisher of the newspaper in which the sheriff's advertisements for the locality affected are published, in terms of Article III, Section VII, Paragraph XV, of the revised Constitution of the State of Georgia.

Mr. Bowen of Dooly moved that the House agree to the Senate substitute.

On the motion to agree, the ayes were 110, nays 0.

The Senate amendment to HB 13 was agreed to.

Mr. Bolton of Spalding moved that this House do now adjourn until 10:00 o'clock a.m. tomorrow morning and the motion prevailed.

The Speaker announced the House adjourned until 10:00 o'clock a.m. tomor row morning and HE 6-1 was carried over as unfinished business.

TUESDAY, MAY 26, 1964

377

Representative Hall, Atlanta, Georgia

Tuesday, May 26, 1964

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

Prayer was offered by Rev. Robert Fennell, Pastor, Beulah Baptist Church, Pembroke, Ga.
By unanimous consent the call of the roll was dispensed with.
Mr. Clarke of Monroe, Chairman of the Committee on Auditing, Enrolling, Engrossing and Journals reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. 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 resolutions of the House were read the first time and referred to the Committees:
HB 49. By Mr. Rhodes of Baker: A Bill to be entitled an Act to abolish the present mode of compensating the sheriff of Baker County, known as the fee system; and for other purposes. Referred to the Committee on Local Affairs.

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HB 50. By Mr. Paris of Barrow:
A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Roads and Revenues for Barrow County so as to change the compensation of the members of the board and the clerk; and for other purposes.
Referred to the Committee on Local Affairs.

HB 51. By Mr. Paris of Barrow:
A Bill to be entitled an Act to abolish the present method of compensat ing the sheriff, the clerk of the superior court, the ordinary, the tax collector, and the tax receiver of Barrow County, known as the fee sys tem; to provide in lieu thereof annual salaries for such officers; and for other purposes.
Referred to the Committee on Local Affairs.

HR 48-51. By Mr. Paris of Barrow:
A Resolution proposing an amendment to the Constitution so as to change the name of the Barrow County Industrial Building Authority; and for other purposes.
Referred to the Committee on Local Affairs.

HB 52. By Mr. Deen of Bacon: A Bill to be entitled an Act to amend the original charter of the City of Alma, so as to extend the city limits; and for other purposes.
Referred to the Committee on Local Affairs.

HB 53. By Mr. Bagby of Paulding:
A Bill to be entitled an Act to place the Clerk of the Superior Court, the Sheriff, the Ordinary and the Coroner of Paulding County on a salary basis in lieu of a fee basis; and for other purposes.
Referred to the Committee on Local Affairs.

HB 54. By Mr. Bagby of Paulding:
A Bill to be entitled an Act to amend an Act creating the office of Com missioner of Roads and Revenues of Paulding County, so as to change the compensation of the Commissioner; and for other purposes.
Referred to the Committee on Local Affairs.

TUESDAY, MAY 26, 1964

379

HB 55. By Mr. Bagby of Paulding:
A Bill to be entitled an Act to amend an Act creating the office of Tax Commissioner of Paulding County, so as to change the compensation of the Tax Commissioner; and for other purposes.
Referred to the Committee on Local Affairs.

HB 56. By Messrs. Flournoy, Teague and Wilson of Cobb:
A Bill to be entitled an Act to amend an Act incorporating the City of Powder Springs, so as to change the corporate limits of the City of Powder Springs; and for other purposes.
Referred to the Committee on Local Affairs.

HB 57. By Messrs. Ware and Spikes of Troup:
A Bill to be entitled an Act to amend the City Charter of the City of Hogansville, so as to authorize the Mayor and Council to levy an ad ditional four mills ad valorem tax for school purposes; and for other purposes.
Referred to the Committee on Local Affairs.

HB 58. By Mr. Barber of Jackson: A Bill to be entitled an Act to create and establish the Jackson County Airport Authority; and for other purposes.
Referred to the Committee on Local Affairs.

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

HB 47. By Messrs. Matthews and Newton of Colquitt:
A Bill to be entitled an Act to amend the charter of the City of Moultrie, so as to change the maximum sentence which may be imposed upon an offender against the penal ordinances of the City as relates to monetary sentences, as well as imprisonment; and for other purposes.

HB 48. By Mr. Smith of Forsyth:
A Bill to be entitled an Act to create a board of commissioners of roads and revenues for Forsyth County; and for other purposes.

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SB 8. By Senators Johnson of the 38th, Salome of the 36th, Wesberry of the 37th and others:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Atlanta relating to vacancies in the membership of the Board of Aldermen; and for other purposes.

SB 9. By Senator Rowan of the 8th:
A Bill to be entitled an Act to amend an Act creating the Board of Com missioners of Roads and Revenues for Berrien County, so as to change the compensation of said Board; and for other purposes.

SB 10. By Senator Maclntyre of the 40th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Alpharetta, so as to change the corporate limits of said city; and for other purposes.

SB 11. By Senator Maclntyre of the 40th:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Roswell, so as to change the corporate limits of said city; and for other purposes.

SB 12. By Senators Salome of the 36th, Coggin of the 35th, Wesberry of the

''

37th and Brown of the 34th:

A Bill to be entitled an Act to amend an Act creating the Judges' and Solicitor-Generals' Retirement Fund of Fulton County, so as to allow certain eligible persons to become members of the retirement fund; and for other purposes.

Mr. Hale of Bade County Chairman of the Committee on Local Affairs, sub mitted the following report:
Mr. Speaker:--
Your Committee on Local Affairs has had under consideration the following Bills and Resolutions of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 30. Do Pass. HB 31. Do Pass. HB 32. Do Pass. HB 33. Do Pass.

TUESDAY, MAY 26, 1964

381

HB 34. Do Pass. HB 45. Do Pass. HB 46. Do Pass. HB 44. Do Pass by substitute. HR 36-43. Do Pass.
Respectively Submitted, Hale of Dade, Chairman.

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 37. By Messrs. Nessmith of Bulloch, Lowery and Jordan of Ployd, Ware of Troup and Watson of Pike:
A Resolution expressing regrets at the passing of Mr. R. W. Fincher of Floyd County, Georgia; and for other purposes.

The Senate has passed by the requisite constitutional majority the following Bills of the House to wit:

HB 21. By Mr. Bowen of Dooly:
A Bill to amend an Act creating a charter for the City of Unadilla, so as to empower governing authorities of Mayor and Council of Unadilla to close and declare surplus property the platted passageway or alley of and in Block No. 19 delineated in official map of said city appearing on record at clerk's office; and for other purposes.

HB 22. By Mr. Bowen of Dooly:
A Bill to amend an Act so as to extend the corporate limits of the City of Unadilla so as to include area within its limits certain land nos., so as to provide when the extension shall become effective and operative; and for other purposes.

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JOURNAL OF THE HOUSE,

HB 24. By Mr. Knight of Berrien:
A Bill to amend an Act creating the Board of Commissioners of Roads and Revenues for Berrien County, so as to change the compensation of said Board of Commissioners of Roads and Revenues; and for other purposes.

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

HB 30. By Messrs. McClelland, Brooks and Etheridge of Fulton and Harris and Mackay of DeKalb:
A Bill to be entitled an Act to amend an Act establishing a new Charter for the City of Atlanta, so as to provide compensation to members of the Police Department for uniforms, and for other purposes.

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

On the passage of the Bill, the ayes were 120, nays 0.

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

HB 31. By Messrs. McClelland, Brooks and Etheridge of Fulton:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Atlanta so as to establish salary and expenses paid to the members of the Board of Aldermen, and for other purposes.

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

On the passage of the Bill, the ayes were 120, nays 0.

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

HB 32. By Messrs. McClelland, Brooks and Etheridge of Fulton:
A Bill to be entitled an Act to amend an Act so as to provide additional pensions for members of police departments in cities having a certain population, and for other purposes.

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

TUESDAY, MAY 26, 1964

383

On the passage of the Bill, the ayes were 120, nays 0.
I
The Bill, having received the requisite constitutional majority, was passed.

HB 33. By Messrs. McClelland, Brooks and Etheridge of Fulton:
A Bill to be entitled an Act to amend an Act providing that cities of a certain population shall furnish pensions to officers and employees oi such cities, so as to provide additional pension benefits, and for other purposes.

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

On the passage of the Bill, the ayes were 120, nays 0.

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

HB 34. By Messrs. McClelland, Brooks and Etheridge of Fulton:
A Bill to be entitled an Act to amend an Act providing a system of pensions and other benefits for members of paid fire departments in cities of a certain population, so as to change the provisions as to maximum pension benefits, and for other purposes.

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

On the passage of the Bill, the ayes were 120, nays 0.

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

HB 45. By Mr. Meeks of Union:
A Bill to be entitled an Act to abolish the office of County Treasurer in and for the County of Union, and for other purposes.

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

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JOURNAL OF THE HOUSE,

On the passage of the Bill, the ayes were 120, nays 0.

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

HB 46. By Mr. Warren of Wayne:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Jesup, so as to change the corporate limits, and for other purposes.

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

On the passage of the Bill, the ayes were 120, nays 0.

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

HB 44. By Messrs. Duncan and Wiggins of Carroll:
A Bill to be entitled an Act to change the names of certain militia dis tricts located in Carroll County, to provide for the election of a justice of the peace, and for other purposes.

The following Committee substitute was read and adopted:
A BILL
To be entitled an Act to change the names of certain militia districts located in Carroll County; to repeal conflicting laws; and for other pur poses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEORGIA:
Section 1. After the approval of this Act, the following militia districts:
Militia District No. 1496 (Mandeville) Militia District No. 1436 (Flint Corner) Militia District No. 1371 (Shiloh) Militia District No. 1152 (Kansas) Militia District No. 1122 (Fairplay)

TUESDAY, MAY 26, 1964

385

Militia District No. 1006 (Smithfield) located in Carroll County, shall be renamed as follows:
Militia District No. 1496 (Bowdon Junction) Militia District No. 1436 (Jake) Militia District No. 1371 (Burwell) Militia District No. 1152 (Center Point)
Militia District No. 1122 (Sand Hill) Militia District No. 1006 (Kansas) Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

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

On the passage of the Bill, by substitute, the ayes were 120, nays 0.

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

Under the General Order of Business, the following Bill of the Senate was taken up for consideration and read the tird time:

SB 3. By Senator Webb of the llth:
A Bill to be entitled an Act to amend Code Section 113-103, 113-409 and 113-502, providing for the number of witnesses required to attest wills and codicils, and for other purposes.

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

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

Those voting in the affirmative were Messrs:

Abney Acree Alien Anderson Arnsdorff Barber Baughman

Beck Bedgood Black Blair Bolton Bowen, A. Bowen, R. L.

Bowen, R. W. Brackin Branch Brooks, Wilson Brown Busbee Bynum

386

JOURNAL OP THE HOUSE,

Byrd Caldwell Carr Causby Clarke, H. G. Coker, G., Dr. Conger Dean, N. Been, H. D. Dennard DeVane Dixon Dorminy Duncan, A. C. Duncan, J. E. Echols Etheridge Flournoy Floyd Plynt Fowler, J. W. Fulford Funk Gibbons Griffin Groover Harrell Harris Henderson House Houston Hurst Isenberg Johnson, A. S., Dr. Johnson, B. Jones, F. C. Jones, M. Keadle Keyton

Killian Knight, W. D. Laite Lambert Lee, G. B. Lee, W. J. (Bill) Lee, Wm. S. Leonard Lewis Logan Lokey Matthews, C. McCracken McKemie Milford Milhollin Mitchell Mixon Moore Murphy Nessmith Newton, A. S. Newton, D. L. Odom Overby Pafford Paris Partridge Payton Perry Peterson Pickard Ponsell Poole Pope Poss Rainey Raulerson Rhodes

Richardson Roberts Rogers, Jimmie Rowland Russell Sewell Shea Shuman Simmons Simpson Sinclair Singer Smith, A. C., Jr. Smith, E. B., Jr. Smith, R. R. Snow Spikes Stalnaker Steis Story Strickland Tabb Todd Tucker, M. K. Tucker, Ray M. Twitty Underwood, J. C. Underwood, R. R. Vaughn Walker Watts Wells, D. W. Wiggins Wilkes Williams Williams, G. J. Wilson, Hoke Woodward Hudgins

Those not voting were Messrs.:

Andrews Bagby Ballard Bell Blalock, D. B. Blalock, E. Bowen, R. P. Brantley Brooks, Geo. B. Chandler Clark, J. T.

Coker, R. Conner Cullens Da vis Dicus Fleming Fowler, A. A., Jr. Greene Hale Hall Harrington

Herndon Hill Horton Hull Jones, C. M. Jones, D. C. Jordan, J. E. Jordan, W. H. Kelly Kirkland Knight, D. W.

Lane Lindsey Lowrey Mackay Matthews, D. R. McClelland McDonald Meeks Melton Moate Morgan, H. Morgan, J. H.

TUESDAY, MAY 26, 1964
Mullis Parker Phillips Reaves Rodgers, H. B. Roper Rutland Scarborough Smith, Chas. C. Smith, G. L., II Smith, V. T. Stuckey

387
Teague Towson Tucker, J. B. Ware Warren Watson Wells, H. H. White Williams, W. M. Wilson, J. M. Smith, G. T.

On the passage of the Bill, the ayes were 137, nays 0.

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

Under the Special and Continuing Order of Unfinished business, HR 6-1 was again taken up.

Article 6 Section 5 paragraph 2.

The following paragraph was read:
Paragraph 2. Area School Districts; Area Boards of Education; Area School Superintendents. The General Assembly may, by general or local law, provide for the consolidation and merger of any two or more county school districts, independent school systems, or any combination thereof, into a single area school district under the control and manage ment of an Area Board of Education. No such consolidation or merger shall become effective until approved by a majority of the voters in each school district and school system affected voting in a referendum thereon held in each school district or school system being consolidated or merged. Any area school district so established shall constitute a separate political subdivision of this State, and the school districts or systems incorporated therein and their boards of education shall stand abolished, and title to all school properties and assets thereof shall vest in the Area Board of Education. The number of members of any Area Board of Education, their method of election or appointment, terms, qualifications, powers and duties shall be as provided by general or local law. There shall be an Area School Superintendent in each area school district, who shall be the executive officer of the Area Board of Education and the administrative officer of the area school district. He shall be elected or appointed in the manner, and shall have such qualifi cations, tenure, powers, duties and compensation, as may be provided by general or local law. Subsequent to the creation of an area school

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district, the number of members and the manner of election or appoint ment of members of the Area Board of Education, and their terms of office, and the manner of election or appointment of the Area School Superintendent, and his tenure, may be changed pursuant to local or general law, provided that any such local law shall be conditioned upon approval by a majority of the voters of the area school district voting in a referendum thereon.

The following amendment was read and adopted:
Brantley of Chandler moves to amend Committee Substitute for HR 6-1 as follows:
By striking Article 6, Section 5, Paragraph 2 in its entirety and in serting in lieu thereof a new Paragraph 2 to read as follows:
"Paragraph 2. Area School Districts; Area Boards of Edu cation; Area School Superintendents. The General Assembly may, by general or local law, provide for the consolidation and merger of any two or more county school districts, independent school systems, or any combination thereof, into a single area school dis trict under the control and management of an Area Board of Edu cation. No such consolidation or merger shall become effective until approved by a majority of the voters in each of the school districts affected in a referendum thereon held in each school dis trict or school system being consolidated or merged. Any area school district so established shall constitute a separate political subdivision of this State, and the school districts or systems in corporated therein and their boards of education shall stand abol ished, and title to all school properties and assets thereof shall vest in the Area Board of Education. The number of members of any Area Board of Education, their method of election or appointment, terms, qualifications, powers and duties shall be as provided by general or local law. There shall be an Area School Superintendent in each area school district, who shall be the executive officer of the Area Board of Education and the administrative officer of the area school district. He shall be elected or appointed in the manner, and shall have such qualifications, tenure, powers, duties and com pensation, as may be provided by general or local law. Subsequent to the creation of an area school district, the number of members and the manner of election or appointment of members of the Area Board of Education, and their terms of office, and the manner of election or appointment of the Area School Superintendent, and his tenure, may be changed pursuant to local or general law, provided that any such local law shall be conditioned upon approval by a majority of the voters of the area school district voting in a re ferendum thereon.

Paragraph 2 was adopted as amended.

TUESDAY, MAY 26, 1964

389

The following paragraphs were read and adopted:

Paragraph 3. Powers of Board to Contract with Each Other. Any two or more county boards of education or any two or more independent school systems or any two or more area boards of education, or any combination of the foregoing, may contract with each other for the care, education and transporation of pupils, and such other activities as they may be authorized by law to perform, not in conflict with the pro visions of this Constitution.

SECTION 6
MAINTENANCE AND PROTECTION OP CERTAIN SCHOOL SYSTEMS
Paragraph 1. Maintenance of Existing Independent Systems. Au thority is hereby granted to political subdivisions to maintain existing independent school systems, and support the same as authorized by special or general law, and such existing systems may add thereto colleges. No independent school system shall hereafter be established.

The following paragraph was read:
Paragraph 2. Systems Established Prior to Constitution of 1877. Public school systems established prior to the adoption of the Constitu tion of 1877 shall not be affected by this Constitution.

The following amendment was read:
Dicus, Jones and Pickard of Muscogee moves to amend Committee Substitute to HR 6-1 as follows:
By striking Article 6, Section 6, Paragraph 2 in its entirety and in serting in lieu thereof a new Paragraph 2 to read as follows:
"Paragraph 2. Effect of this Constitution on certain School Systems. Public school systems established prior to the adoption of the Constitution of 1877 and the Muscogee County School District heretoiore established by constitutional amendment shall not be af fected by this Constitution."

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

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Those voting in the affirmative were Messrs:

Acree Brackin Causby Coker, G., Dr. Dean, N. Dixon Flynt Harris Jones, M. Logan

Mackay Milhollin Mitchell Moate Moore Morgan, J. H. Murphy Nessmith Odom Pafford

Pickard Rainey Rowland Snow Steis Tucker, M. K. Williams, G. J. Wilson, Hoke

Those voting in the negative were Messrs. :

Abney Alien Anderson Arnsdorff Barber Baughman Beck Bedgood Black Bolton Bowen, A. Bowen, R. W. Branch Brown Busbee Bynum Byrd Carr Chandler Clarke, H. G. Deen, H. D. Dennard Duncan, A. C. Flournoy Fowler, J. W. Funk
Gibbons Groover Harrell Harrington Henderson House

Hurst Isenberg Johnson, A. S., Dr. Johnson, B. Jordan, J. E. Jordan, W. H. Keadle Keyton Killian Kirkland Laite Lambert Lane Lee, G. B. Lee, W. L. (Bill) Lee, Wm. S. Leonard Lewis Lowrey Matthews, C. McCracken McDonald McKemie Melton Milford Mixon Morgan, H. Newton, A. S. Newton, D. L. Overby Paris Parker

Those not voting were Messrs.:

Andrews Bagby Ballard Bell

Blair Blalock, D. B. Blalock, E. Bowen, R. L.

Partridge Perry Peterson Ponsell Poole Raulerson Roberts Rogers, Jimmie Roper Russell Shea Simmons Sinclair Singer Smith, A. C., Jr. Smith, E. B., Jr. Smith, R. R. Story Strickland Tabb Teague Todd Tucker, Ray M. Twitty Vaughn Walker Watts Wells, D. W. Wells, H. H. Wiggins Wilkes
Bowen, R. P. Brantley Brooks, Geo. B. Brooks, Wilson

Caldwell Clark, J. T. Coker, R. Conger Conner Cullens Davis DeVane Dicus Dorminy Duncan, J. E. Echols Etheridge Fleming Floyd Fowler, A. A., Jr. Fulford Greene Griffin Hale Hall Herndon Hill Horton

TUESDAY, MAY 26, 1964
Houston Hull Jones, C. M. Jones, D. C. Jones, F. C. Kelly Knight, D. W. Knight, W. D. Lindsey Lokey Matthews, D. R. McClelland Meeks Mullis Payton Phillips Pope Poss Reaves Rhodes Richardson Rodgers, H. B. Rutland Scarborough

391
Sewell Shuman Simpson Smith, Chas. C. Smith, G. L,, II Smith, V. T. Spikes Stalnaker Stuckey Towson Tucker, J. B. Underwood, J. C. Underwood, R. R. Ware Warren Watson White Williams, W. M. Wilson, J. M. Woodward Hudgins Smith, G. T.

On the adoption of the amendment, the ayes were 28, nays 95.

The amendment was lost.

Paragraph 2 was adopted without an amendment.

The following paragraph was read: SECTION 7
MEETINGS OF BOARDS OF EDUCATION Paragraph 1. Board Meetings to be Public. All official meetings of boards of education shall be open to the public. The following amendment was read:

Mr. Murphy of Haralson moves to amend HR 6-1 Committee substi tute by adding to Section 7, paragraph 1 of Article 6 the following lan guage:

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"Provided that such boards may go into executive session for the purpose of discussion only. However, all votes of such school board on any issue must be open to the public."

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 Acree Alien Anderson Andrews Arnsdorff Barber Baughman Bedgood Bell Black Blair Bolton Bowen, A. Bowen, R. L. Bowen, R. W. Brackin Branch Brantley Brooks, Geo. B. Brown Busbee Bynum Byrd Carr Causby Chandler Clarke, H. G. Coker, G., Dr. Coker, R. Conger Dean, N. Deen, H. D. Dennard DeVane Dicus Dixon Dorminy Duncan, A. C. Fleming Flournoy Floyd Flynt

Fowler, J. W. Fulford Funk Gibbons Groover Hale Harrell Harrington Harris Henderson Herndon Houston Hull Hurst Isenberg Johnson, A. S., Dr. Johnson, B. Jones, C. M. Jones, M. Jordan, J. E. Jordan, W. H. Keadle Keyton Killian Kirkland Knight, W. D. Laite Lambert Lee, G. B. Lee, W. J. (Bill) Lee, Wm. S. Leonard Lewis Lokey Lowrey Mackay Matthews, C. McCracken McKemie Melton Milford Milhollin Mitchell

Mixon Moate Morgan, H. Morgan, J. H. Murphy Nessmith Newton, A. S. Newton, D. L. Odom Overby Pafford Paris Parker Partridge Pay ton Perry Peterson Phillips Ponsell Poole Pope Poss Rainey Raulerson Reaves Rhodes Richardson Roberts Rogers, Jimmie Roper Rowland Russell Sewell Shea Simmons Sinclair Singer Smith, A. C., Jr. Smith, E. B., Jr. Smith, G. L., II Smith, R. R. Smith, V. T. Snow

Spikes Stalnaker Steis Story Strickland Tabb Teague Todd Tucker, J. B.

TUESDAY, MAY 26, 1964
Tucker, M. K. Tucker, Ray M. Twitty Underwood, J. C. Underwood, R. R. Vaughn Walker Ware Warren

393
Watts Wells, D. W. Wells, H. H. Wiggins Williams, G. J. Williams, W. M. Wilson, Hoke

Those voting in the negative were Messrs.: Etheridge, House, Moore and Pickard.

Those not voting were Messrs.:

Bagby Ballard Beck Blalock, D. B. Blalock, E. Bowen, R. P. Brooks, Wilson Caldwell Clark, J. T. Conner Cullen Davis Duncan, J. E. Echols Fowler, A. A., Jr. Greene

Griffin Hall Hill Horton Jones, D. C. Jones, F. C. Kelly Knight, D. W. Lane Lindsey Logan Matthews, D. R. McClelland McDonald Meeks Mullis

Rodgers, H. B. Rutland Scarborough Shuman Simpson Smith, Chas. C. Stuckey Towson Watson White Wilkes Wilson, J. M. Woodward Hudgins Smith, G. T.

On the adoption of the amendment, the ayes were 154, nays 4.

The amendment was adopted.

Paragraph 1 was adopted as amended.

Mr. Brooks of Fulton stated that he would like to be recorded as voting "Nay".

The following paragraph was read and adopted:
SECTION 8
BEQUESTS, DONATIONS AND GRANTS
Paragraph 1. Bequests, Donations and Grants. The State Board of Education, the Regents of the University System of Georgia, and all

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other boards of education may accept bequests, donations and grants of land, or other property, for the use of their respective systems of edu cation.

The following paragraph was read:
SECTION 9
LOCAL TAXATION FOR EDUCATION
Paragraph 1, Local Taxation for Education. The fiscal authority of each county shall annually levy a school tax for the support and main tenance of education, not greater than twenty mills per dollar, as cer tified to it by the county board of education, upon the assessed value of all taxable property within the county, exclusive of any independent school system therein. The certification to be made by an Area Board of Education to the fiscal authorities of the territories comprising an area school district shall be in such amount and within such limits as may be prescribed by general or local law applicable thereto, and upon such certification being made, it shall be the duty of such fiscal authori ties to levy such tax in accordance with such certification, but such levy shall not be greater than twenty mills per dollar upon the as sessed value of the taxable property therein. Such school tax fund shall be expended only for the support and maintenance of public schools, public education, and activities necessary and incidental thereto, includ ing school lunch purposes, as may be determined by the General Assem bly.

The following amendment was read and adopted:
Mr. Busbee of Dougherty moves to amend Paragraph 1 of Section 9 of Article 6 by striking therefrom the following language appearing at the end of said Paragraph, to-wit:
"as may be determined by the General Assembly."

The following paragraph was read:
Paragraph 2. Increasing or Removing Tax Rate. The millage limi tation provided in Paragraph 1 may be increased or removed by action of the County Board of Education, but only after such action has been approved by a majority of the qualified voters voting in a referendum held in the school district to be affected, in the manner prescribed by law. The millage or other limitation prescribed by any general or local law applicable to any area school district may likewise be increased or re moved by action of the Area Board of Education, but only after such action has been approved by a majority of the qualified voters voting in a referendum held in the area school district to be affected, in the manner prescribed by law.

TUESDAY, MAY 26, 1964

395

The following amendment was read and adopted:

I:p'

Mr. Murphy of Haralson moves to amend Paragraph 2, of Section 9

of Article 6 of HE 6-1 Committee substitute as follows:

By adding at the end of said paragraph the following:

"the millage limitations provided by any City Charter or any local or Special Tax for the support and maintenance of an independ ent school system may be increased or decreased by action of the independent system Board of Education, but only after such action has been approved by a majority of the qualified voters voting in a referendum held in the independent school district to be affected, in the manner prescribed by law."

Paragraph 2 was adopted as amended.

The following paragraph was read:

Paragraph 3. Increasing Tax Rate to Receive Available State

.;

Funds. If the maximum millage levy which can be certified to the appro

priate fiscal authority or authorities by a county or area board of edu

cation under provisions of Paragraphs 1 or 2 of this Section, or under

provisions of any general or local l#w applicable to area school districts,

shall not be sufficient to produce the amount of school funds which the

county or area school district may be required by law to raise in order

to receive the full allotment of State educational funds available for sup

port, maintenance or improvment of education in the county or area

school district, the board of education of the county or area school dis

trict shall, notwithstanding the limitations contained in Paragraphs 1

or 2 of this Section, or as may be contained in general or local law

applicable to area school districts, be authorized to certify to the appro

priate fiscal authority or authorities a millage levy that will be sufficient

to produce the amount of school funds needed in order to receive allot

ment of all available State educational funds, and upon such certification

being made, it shall be the duty of the fiscal authority or authorities of

the county or territories, as the case may be, to levy such tax or furnish

such funds, as the case may be, in accordance with such certification.

The following amendment was read and adopted:
Busbee of Dougherty moves to amend Committee Substitute for HR 6-1 as follows:
By striking Article 6, Section 9, Paragraph 3 in its entirety and in serting in lieu thereof a new Paragraph 3 to read as follows:
"Paragraph 3. Increasing Tax Rate to Receive Available State Funds. If the maximum millage levy which can be certified to the appropriate fiscal authority or authorities by a county or area

396

JOURNAL OF THE HOUSE,

board of education under provisions of Paragraphs 1 or 2 of this Section, or under provisions of any general or local law applicable to area school districts, shall not be sufficient to produce the amount of school funds which the county or area school district may be required by law to raise in order to receive the full allot ment of State educational funds available for support, maintenance or improvement of education in the county or area school district, the board of education of the county or area school district shall, not withstanding the limitations contained in Paragraphs 1 or 2 of this Section, or as may be contained in general or local law applicable to area school districts, but for not more than two years in succes sion, be authorized to certify to the appropriate fiscal authority or authorities a millage levy that will be sufficient to produce the amount of school funds needed in order to receive allotment of all available State educational funds, and upon such certification being made, the fiscal authority or authorities of the county or terri tories, as the case may be, may levy such tax or furnish such funds, as the case may be, in accordance with such certification."

Paragraph 3 was adopted as amended.

The following amendment adding a paragraph 4 was read and adopted:
Mr. Smith of Emanuel and Byrd of Walton move to amend Com. Sub for HR 6-1 as follows:
By adding at the end of Article 6 Section 9 a new paragraph to be numbered Paragraph 4 and to read as follows:
"Paragraph 4. Financial Assistance by Municipalities. Any municipality located within any county school district or area school district may in addition to the requirements of this Constitution, con tribute additional local funds to the financial support of the public school system maintained by such districts from any funds other than state grants which are available to the municipality."
Paragraph 4 was adopted.
The following paragraphs were read and adopted:
SECTION 10
EDUCATIONAL GRANTS AND FREEDOM OF ASSOCIATION
Paragraph 1. Grants for Education. The General Assembly may by law provide for grants of State, county or municipal funds to citizens of the State for educational purposes, in discharge of all obligations of the State to provide adequate education for its citizens.

TUESDAY, MAY 26, 1964

397

Paragraph 2. Freedom of Association. Freedom from compulsory association at all levels of public education shall be preserved inviolate.

SECTION 11

SPECIAL SCHOOLS

Paragraph 1. Special Schools; Creation; Taxes and Bonds. The boards of education of any two or more counties, area school districts, or independent school systems, or any combination thereof, may estab lish, pursuant to general or local law enacted by the General Assembly, one or more special schools such as vocational trade schools, schools for exceptional children, and schools for adult education in one or more of such political subdivisions; provided, however, that the establishment and operation of such schools pursuant to such general or local law, and any subsequent amendments thereof shall be first approved by a major ity of the voters voting thereon in each of the school districts or systems affected thereby in separate referendums held in the manner provided by law. The government, powers and duties of boards of education partici pating in the establishment or operation of such special schools shall be defined in the general or local law authorizing the same, and such boards of education shall be authorized to incur bonded indebtedness not to exceed three per centum of the assessed value of all the taxable property therein and to require the levy of school tax funds required for the estab lishment and operation of such schools in such amount and manner as shall be provided in such general or local law, which shall be in addition to any and all other indebtedness and school tax fund levies as may be authorized by this Constitution and by the laws of this State. Special schools established pursuant to the provisions of this Section shall be operated in conformance with regulations promulgated by the State Board of Education pursuant to the provisions of law. The State is here by authorized to expend funds for the support and maintenance of such special schools in such amount and manner as may be provided by law.

The following paragraph was read:
Paragraph 2. Special Schools Heretofore Established Protected. Special schools established prior to the adoption of this Constitution pur suant to provisions of Article VII, Section VI, Paragraph I (d) of the Constitution of Georgia of 1945 shall not be affected by this Constitu tion.

The following amendment was read and adopted:

Mr. Caldwell of Upson moves to amend Section 11 Article 6 Paragraph 2 as follows:
Paragraph 2. Special schools, including vocational trade schools, es tablished prior to the adoption of this Constitution, which were estab-

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lished under the provisions of Article VII, Section VI, Paragraph I (d) of the Constitution of 1945, shall not be affected by this Constitution, and any political subdivision which has established such school is hereby authorized to levy taxes for the support of such school regardless of whether it is located within the territorial limits of such subdivision and any such political subdivision is hereby authorized to incur bonded in debtedness, not to exceed three per centum of the assessed value of all
the taxable property therein, for the support of, or acquisition and con struction of facilities for, such school. Any such bonded indebtedness shall be incurred pursuant to the provision of Act 5, Section 3, Paragraph 2 of the Constitution and the laws of this State relative to incurring other bonded indebtedness. Such bonded indebtedness shall be in addition to any and all other indebtedness authorized by the Constitution and the laws of Georgia. Such taxes levied by such political subdivision shall be in addition to all school taxes authorized by this Constitution and the laws of this State. The State is hereby authorized to expend funds for the support of such established schools in such amount and manner as may be prescribed by the State Board of Education, subject to the provisions
of law.

Paragraph 2 was adopted as amended.

On the adoption of Article 6 as amended, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Acree Alien Anderson Andrews Arnsdorff Ballard Barber Baughman Beck Bedgood Bell Black Blair Bolton Bowen, R. L. Bowen, R. W. Brackin Branch Brooks, Geo. B. Brooks, Wilson Busbee Bynum

Byrd Caldwell Carr Causby Chandler Clark, J. T. Coker, G., Dr. Coker, R. Conger Deen, H. D. DeVane Discus Dixon Duncan, A. C. Dorminy Echols Flournoy Floyd Flynt Fulford Funk Greene Hale

Hall Harrell Harrington Henderson Herndon Horton House Houston Hurst Isenberg Johnson, A. S., Dr. Johnson, B. Jones, C. M. Jones, M. Jordan, J. E. Jordan, W. H. Keadle Kelly Keyton Killian Kirkland Knight, W. D. Laite

Lambert Lee, G. B. Lee, Wm. S. Leonard Lewis Logan Lokey Lowrey Mackay Matthews, G. McClelland McCracken Melton Milford Milhollin Mitchell Mixon Moate Morgan, H. Murphy Nessmith Newton, A. S. Newton, D. L. Odom Overby Pafford

TUESDAY, MAY 26, 1964
Paris Parker Partridge Payton Peterson Phillips Poole Pope Poss Rainey Raulerson Reaves Rhodes Richardson Roberts Rogers, Jimmie Roper Rowland Russell Sewell Shea Shuman Simmons Sinclair Singer Smith, A. C., Jr.

399
Smith, Chas. C. Smith, E. B., Jr. Smith, G. L., II Smith, V. T. Snow Spikes Stalnaker Steis Story Strickland Tabb Tucker, J. B. Tucker, Ray M. Twitty Underwood, J. C. Ware Watts Wells, D. W. Wells, H. H. Williams, G. J. Williams, W. M. Wilson, Hoke Woodward Hudgins

Those not voting were Messrs.:

Bagby Blalock, D. B. Blalock, E. Bowen, A. Bowner, R. P. Brantley Brown Clarke, H. G. Conner Cullens Davis Dean, N. Dennard Duncan, J. E. Etheridge Fleming Fowler, A. A., Jr. Fowler, J. W. Gibbons Griffin

Groover Harris Hill Hull Jones, D. C. Jones, F. C. Knight, D. W. Lane Lee, W. J. (Bill) Lindsey Matthews, D. R. McDonald McKemie Meeks Moore Morgan, J. H. Mullis Perry Pickard Ponsell

Rodgers, H. B. Rutland Scarborough Simpson Smith, R. R. Stuckey Teague Todd Towson Tucker, M. K. Underwood, R. R. Vaughn Walker Warren Watson White Wiggins Wilkes Wilson, J. M. Smith, G. T.

On the adoption of Article 6 as amended, the ayes were 145, nays 0.

Article 6 was adopted as amended.

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

AFTERNOON SESSION

The Speaker called the House to order at 1:30 p.m.

The following paragraphs were read and adopted:

ARTICLE 7

COUNTIES AND MUNICIPAL CORPORATIONS --HOME RULE -- SLUM CLEARANCE AND REDEVELOPMENT

SECTION 1

COUNTIES

Paragraph 1. Counties a Corporate Body; Boundaries. Each county shall be a body corporate with such powers and limitations as may be prescribed by law. All suits by or against a county shall be in the name thereof; and the metes and bounds of the several counties shall remain as now prescribed by law, unless changed as hereinafter provided.

Pai'agraph 2. Counties; Number; New. There shall not be more than one hundred and fifty-nine counties in this State, and no new county shall be created except by the consolidation or merger of existing counties.

The following paragraph was read:

Paragraph 3. Counties, Consolidation, Merger, Division, Dissolu tion; Method. The General Assembly shall have power, with the con currence of a majority of the qualified voters voting thereon in each of the counties affected to provide for the consolidation of two or more counties into one, or the merger of one or more counties into another, or the division of a county, and the merger of portions thereof into other counties; provided, however, upon the filing with the ordinary of any county of a petition signed by not less than twenty per centum of the duly qualified voters of such county, seeking such merger, consolidation or division, it shall be the duty of such ordinary to transmit a certified copy of such petition to each ordinary of all other counties affected thereby, and it shall be the duty of the latter to provide for the publica tion of such petition, omiting- therefrom the names affixed to such peti tion, in the newspaper in which the sheriffs' advertisements are pub lished, once a week for a period of six consecutive weeks. If within a period of two years thereafter, a petition is presented to the ordinary or ordinaries of the other county or counties affected, expressing favor or approval of the original petition, signed by not less than twenty per centum of the registered voters of such other county or counties affected, it shall thereupon be the duty of the ordinaries of all such counties af fected by such petitions, to certify the fact of such petitions to the Gover-

TUESDAY, MAY 26, 1964

401

nor, whose duty it shall then be to call immediately an election on the same day in each such county, to be held not later than sixty days, and not sooner than thirty days, after the filing of the last petition, publishing notice thereof once a week for two weeks in the newspaper in each county in which sheriffs' advertisements are published. Provided, however, that only such election affecting those counties or parts thereof shall be called by the Governor within any twelve month period and then only after the filing of new petitions. The ordinaries of each county shall conduct the election, canvass the returns and certify the results thereof to the Gover nor, who shall issue his proclamation thereon, and in the event the results are in favor of such consolidation such results shall become effective as such time as may be prescribed by law, but not later than two years following the date of such election, as hereinafter referred to. Provided, however, any election held pursuant to the call of the Governor hereunder shall be null and void unless fifty-one per centum of the registered voters of the portion or portions of the counties affected shall have voted in said election. The members of the General Assembly from all such counties shall serve out the remainder of their terms for which elected, and at the Session of the General Assembly next following such election, the county site shall be designated by law, without regard to the provisions of Para graph 5 hereof, and the General Assembly shall likewise provide by law for the effective date of such merger, consolidation or division, as the case may be, subject to the above limitation of two years, and shall pro vide for the election of county officials, where required. The General As sembly shall have power to further implement this Paragraph by law.

The following amendment was read:

Simpson of Wheeler & Brantley of Candler move to amend Com mittee Substitute to H. E. 6-1 as follows:

By striking Article 7, Section 1, Paragraph 3 in its entirety and inserting in lieu thereof a new Paragraph 3 to read as follows:

"Paragraph 3. Counties, Consolidation, Merger, Division, Dis solution; Method. The General Assembly shall have power, with the concurrence of a majority of the qualified voters in each of the counties affected to provide for the consolidation of two or more counties into one, or the merger of one or more counties into another, or the division of a county, and the merger of portions thereof into other counties; provided, however, upon the filing with the ordinary of any county of a petition signed by not less than twenty per centum of the duly qualified voters of such county, seeking such merger, consolidation or division, it shall be the duty of such ordi nary to transmit a certified copy of such petition to each ordinary of all other counties affected thereby, and it shall be the duty of the latter to provide for the publication of such petition, omitting therefrom the names affixed to such petition, in the newspaper in which the sheriffs' advertisements are published, once a week for a period of six consecutive weeks. If within a period of two years thereafter, a petition is presented to the ordinary or ordinaries of the other county or counties affected, expressing favor or approval of the original petition, signed by not less than twenty per centum

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JOURNAL OF THE HOUSE,

it shall thereupon be the duty of the ordinaries of all such counties affected by such petitions, to certify the fact of such petitions to the Governor, whose duty it shall then be to call immediately an election on the same day in each such county, to be held not later than sixty days, and not sooner than thirty days, after the filing of the last peti tion, publishing notice thereof once a week for two weeks in the news paper in each county in which sheriff's advertisements are pub lished. Provided, however, that only one such election affecting those counties or parts thereof shall be called by the Governor within any twelve month period and then only after the filing of new petitions. The ordinaries of each county shall conduct the elec tion, canvass the returns, and certify the results thereof to the Governor, who shall issue his proclamation thereon, and in the event the results are in favor of such consolidation such results shall become effective at such time as may be prescribed by law, but not later than two years following the date of such election, as herein after referred to. Provided, however, any election, held pursuant to the call of the Governor hereunder shall be null and void unless fifty-one per centum of the registered voters of the portion or por tions of the counties affected shall have voted in said election. The members of the General Assembly from all such counties shall serve out the remainder of their terms for which elected, and at the Ses sion of the General Assembly next following such election, the county site shall be designated by law, without regard to the pro visions of Paragraph 5 hereof, and the General Assembly shall like wise provide by law for the effective date of such merger, con solidation or division, as the case may be, subject to the above limitation of two years, and shall provide for the election of county officials, where required. The General Assembly shall have power to further implement this Paragraph by law."

The following amendment was read:
Simpson of Wheeler and Brantley of Candler move to amend Com mittee Substitute to HR 6-1 as follows:
By striking Article 7, Section 1, Paragraph 3 in its entirety and inserting in lieu thereof a new Paragraph 3 to read as follows:
"Paragraph 3. Counties, Consolidation, Merger, Division, Dis solution; Method. The General Assembly shall have power, with the concurrence of a majority of the qualified voters in each of the counties affected to provide for the consolidation of two or more counties into one, or the merger of one or more counties into another, or the division of a county, and the merger of portions thereof into other counties; provided, however, upon the filing with the ordinary of any county of a petition signed by not less than twenty per centum of the duly qualified voters of such county, seeking such merger, consolidation or division, it shall be the duty of such ordinary to transmit a certified copy of such petition to each ordinary of all other counties affected thereby and it shall be the duty of the latter to provide for the publication of such petition, omitting therefrom

TUESDAY, MAY 26, 1964

403

the names affixed to such petition, in the newspaper in which the sheriffs' advertisements are published, once a week for a period of six consecutive weeks. If within a period of two years thereafter, a petition is presented to the ordinary or ordinaries of the other county or counties affected, expressing favor or approval of the original petition, signed by not less than twenty per centum of the registered voters of such other county or counties affected, it shall thereupon be the duty of the ordinaries of all such counties affected by such petition, to certify the fact of such petitions to the Governor, whose duty it shall then be to call immediately an election on the same day in each such county, to be held not later than sixty days, and not sooner than thirty days, after the filing of the last petition, pub lishing notice thereof once a week for two weeks in the newspaper in each county in which sheriff's advertisements are published. Provided, however, that only one such election affecting those counties or parts thereof shall be called by the Governor within any twelve month period and then only after the filing of new petitions. The ordinaries of each county shall conduct the election, canvass the returns, and certify the results thereof to the Governor, who shall issue his proclamation thereon, and in the event the results are in favor of such consolidation such results shall become effective at such time as may be prescribed by law, but not later than two years following the date of such election, as hereinafter referred to. Provided, however, any election held pursuant to the call of the Governor hereunder shall be null and void unless fiftyone per centum of the registered voters of the portion or portions of the counties affected shall have voted in said election. The members of the General Assembly from all such counties shall serve out the remainder of their terms for which elected, and at the Session of the General Assembly next following such election, the county site shall be designated by law, without regard to the provisions of Paragraph 5 hereof, and the General Assembly shall likewise provide by law for the effective date of such merger, consolidation or division, as the case may be, subject to the above limitation of two years, and shall provide for the election of county officials, where required. The General Assembly shall have power to further implement this Paragraph by law."

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

Those voting in the affirmative were Messrs.:

Arnsdorff Baughman Beck Black Blair Bowen, R. L. Brackin Brantley

Brooks, Geo. B. Bynum Clarke, H. G. Davis DeVane Dorminy Fleming Flynt

Fowler, J. W. Funk Hall Harrell Hill Hurst Johnson, B. Keyton

404
Knight, W. D. Lane Lee, G. B. Logan Lokey McCracken Meeks Milford Milhollin Mixon Morgan, J. H. Nessmith Newton, A. S.

JOURNAL OF THE HOUSE,

Pafford Ponsell Rainey Raulerson Reaves Rhodes Rodgers, H. B. Rogers, Jimmie Rowland Scarborough Sewell Shuman Simmons

Simpson Singer Smith, G. L. II Smith, R. R. Tabb Todd Tucker, Ray W. Underwood, R. R. Wells, D. W. White Wilson, Hoke Woodward Hudgins

Those voting in the negative were Messrs.:

Acree Alien Andrews Ballard Barber Bell Bolton Bowen, A. Branch Brooks, Wilson Busbee Byrd Clark, J. T. Coker, G., Dr. Dean, N. Duncan, A. C. Duncan, J. E. Flournoy Floyd Fulford Greene Groover Hale Harrington Henderson

Herndon Horton House Houston Hull Isenberg Johnson, A. S., Dr. Jones, M. Jordan, J. E. Jordan, W. H. Killian Laite Lee, Wm. S. Lewis Lowrey Matthews, C. McClelland McKemie Melton Mitchell Moore Morgan, H. Odom Overby Partridge

Those not voting were Messrs.:

Abney Anderson Bagby Bedgood Blalock, D. B. Blalock, E. Bowen, R. W. Bowen, R. P.

Brown Caldwell Carr Causby Chandler Coker, R. Conger Conner

Payton Peterson Phillips Poole Pope Poss Richardson Roberts Shea Sinclair Smith, E. B., Jr. Smith, V. T. Spikes Steis Story Stuckey Tucker, J. B. Twitty Vaughn Ware Watts Wiggins Wilkes Williams, G. J. Williams, W. M.
Cullens Been, H. D. Dennard Dicus Dixon Echols Etheridge Fowler, A. A., Jr.

Gibbons Griffin Harris Jones, C. M. Jones, D. G. Jones, F. C. Keadle Kelly Kirkland Knight, D. W. Lambert Lee, W. J. (Bill) Leonard Lindsey Mackay

TUESDAY, MAY 26, 1964
Matthews, D. R. McDonald Moate Mullis Murphy Newton, D. L. Paris Parker Perry Pickard Roper Russell Rutland Smith, A. C., Jr. Smith, Chas. C.

405
Snow Stalnaker Strickland Teague Towson Tucker, M. K. Underwood, J. C. Walker Warren Watson Wells, H. H. Wilson, J. M. Smith, G. T.

On the adoption of the amendment, the ayes were 63, nays 75.

The amendment was lost Paragraph 3 was adopted without an amendment.

Mr. Lewis of Wilkinson stated that he would like to be recorded as voting "Aye".

The following paragraphs were read and adopted:
Paragraph 4. County Lines. With the exception of the procedure provided in Paragraph 3, county lines shall not be changed unless under the operation of a general law for that purpose.
Paragraph 5. County Sites Changed; Method. With the exception of the procedure provided in Paragraph 3, no county site shall be changed or removed except by a two-thirds vote of the qualified voters of the county voting at an election held for that purpose and by a majority vote of the General Assembly.
The following paragraph was read:
Paragraph 6. County officers, Elections, Terms and Compensation. For the purposes of this Paragraph, county officers shall consist of the following: Clerk of the Superior Court, Ordinary, Sheriff, Tax Receiver, Tax Collector, Tax Commissioner, Treasurer, Coroner, and Surveyor. Such officers shall serve for terms of four years and shall

406

JOURNAL OF THE HOUSE,

be elected by the electors of their counties. Their qualifications, powers and duties, and the grounds and procedure for their removal from office shall be such as may be provided by general law. The General Assembly may abolish any county office other than the Ordinary by local act and transfer the powers and duties of such abolished office to an other county office. In the event the office of Tax Receiver and the office of Tax Collector in any county have been consolidated into the office of Tax Commissioner, or in the event the office of Treasurer has been abolished in any county, such offices which were consolidated and such office which was abolished shall not be recreated by the provisions of this Paragraph. County officers shall be compensated on the fee basis, the salary basis, or any combination thereof. Such compensation may be provided by local act, and if so, the affected officer or officers shall not receive any fees, compensation or other emoluments under the provisions of any general law unless specifically authorized to do so in the local act. The General Assembly may at any time by general law abolish the fee system of compensation of any county officer in any one or more of the counties of this State, and no county officer shall be entitled to receive any benefits or compensation in conflict with such law.

Mr. Groover of Bibb asked unanimous consent that further consideration of Paragraph 6 be postponed until Wednesday, May 27, 1964 and the consent was granted.

Paragraph 6 was postponed until Wednesday, May 27, 1964.

The following paragraph was read:

Paragraph 7. County Commissioners. The General Assembly may create county commissioners in any county by local act. Such act shall provide the qualifications, compensation, powers and duties of said com missioners. County commissioners may be elected by the electors of the county or the electors of the districts represented in such manner as may be provided in the local act. County commissioners may not be given any powers or duties which are in conflict with the provisions of any general law, but county commissioners shall have the powers and duties
provided in this Constitution.

The following amendment was read and adopted:
Bolton of Spalding moves to amend Committee Substitute for HR 6-1 as follows:
By striking Article 7, Section 1, Paragraph 7 in its entirety and inserting in lieu thereof a new Paragraph 7 to read as follows:

TUESDAY, MAY 26, 1964

407

^

"Paragraph 7. County Commissioners. The General Assembly

jifi

may create a county commissioner or county commissioners in any

*?f

county by local act. Such commissioners may be designated com

missioners of roads and revenues if so provided in such act. County

commissioners shall be the governing authority of the county. Such

local act shall provide the qualifications, compensation, powers, and

duties of said commissioners. Such commissioners shall have the

powers and duties provided in this Constitution and may be given

any or all of the powers and duties possessed by the ordinary when

serving as governing authority of the county, but may not be given

any other powers or duties which are in conflict with the provisions

of any general law, and the local act creating such commissioners,

and any amendments thereto, shall not contain any provisions which

are in conflict with the provisions of any general law. County

commissioners may be elected by the electors of the entire county

or by the electors of the districts represented, or may be appointed,

in such manner as may be provided by local act."

Paragraph 7 was adopted as amended.

The following paragraphs were read and adopted:

Paragraph 8. Powers of County Government.

(a) In addition to such other powers and authority as may be con ferred upon any county by this Constitution or by the General As sembly, counties are hereby authorized to exercise the following powers, which are hereby declared to be public purposes:

1. Pay the expenses of administration of the county government.

2. Acquire, construct, maintain, improve, or aid in the acquisition, construction, maintenance, or improvement of public buildings, bridges, parks, recreation areas and facilities, libraries, streets, sidewalks, roads, airports, docks, facilities for mass transit systems for the transportation of passengers for hire, and other properties for public use; and to ac quire any real property or any interest therein in connection with the foregoing.

3. Provide for the operation of courts, the maintenance and support of prisoners, and the handling of litigation affecting the county.

4. Establish and conduct public health programs and provide for the collection and preservation of records of vital statistics.

5. Establish and maintain a county police department.

6. Provide medical or other care and hospitalization for the indigent sick and to support paupers.

;

7. Pay county agricultural and home demonstration agents and

conduct programs utilizing the services of such agents.

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8. Establish and conduct programs of welfare benefits and public assistance as may be provided by law.

9. Provide fire protection for forest lands and conserve natural resources.

10. Provide insurance, retirement and pension benefits, coverage under Federal Old Age and Survivors' Insurance programs, hospitalization benefits, and workmen's compensation benefits for its officers and employees, their dependents and survivors, and for public school teachers and personnel, their dependents and survivors; provided that all such payments for public school teachers and personnel shall be paid from education funds.

11. Establish and maintain a recreation system.

12. Purchase liability insurance to cover damages on account of bodily injury or death to any person or damage to property of any person arising by reason of ownership, maintenance, operation or use of any motor vehicle by such county, whether as a governmental under taking or not. In the event of purchasing such insurance, the govern mental immunity of the county shall be waived to the extent of the amount of such insurance coverage, and any verdict or judgment in excess of such insurance coverage against the county arising out of an action which would have otherwise been subject to governmental im munity shall be reduced to an amount equal to the insurance coverage thereon.

The following paragraph was read:
(b) The General Assembly may district the territory of any county for the purpose of providing water, sewerage, garbage, electricity, gas and fire protection services to the residents of such district, and author ize such counties to levy a tax only upon the taxable property in such district for the purpose of constructing and maintaining such improve ments, conditioned upon the assent of a majority of the qualified voters of such proposed district voting in an election for that purpose held as provided by law.

The following amendment was read and adopted:
Flournoy of Cobb moves to amend the Committee Substitute to HR 6-1 as follows:
By striking subparagraph (b) of Paragraph 8 of Section 1 of Article 7, and by inserting in lieu thereof a new subparagraph (b) to read as follows:
"(b) The General Assembly may district, or may authorize county governing authorities, without regard to uniformity, to dis-

TUESDAY, MAY 26, 1964

409

trict the territory of any county for the purpose of providing water, sewerage, garbage, electricity, gas or fire protection services to the residents of such districts, and authorize such counties to levy a tax only upon the taxable property in any such district for the purpose of constructing and maintaining such improvements, con ditioned upon the assent of a majority of the qualified voters of any such proposed district voting in an election for that purpose held as provided by law."

Paragraph 8 (b) was adopted as amended.

The following paragraphs were read and adopted:
(c) Any county is hereby authorized to exercise the power of eminent domain for any public purpose.
Paragraph 9. Salary of County Employees; How Fixed. The gov erning authority of each county is authorized to fix the salary, com pensation and expenses of those employed by such governing authority and to establish and maintain retirement or pension systems, insurance, workmen's compensation, and hospitalization benefits for said em ployees.
Paragraph 10. County Planning and Zoning. The governing au thority of each county is empowered to enact for unincorporated areas of the county appropriate planning and zoning ordinances for public safety, historic, health, business, residential and recreational purposes. Such governing authority is hereby authorized to establish planning and zoning commissions in conjunction with any combination of other counties and municipalities. The General Assembly is hereby authorized to provide by law for such joint planning and zoning commissions and provide the powers and duties thereof. Such governing authority is here by authorized to participate in the costs of such planning commission.

The following paragraph was read:
Paragraph 11. County Manager Form of Government. The General Assembly may provide by general or local acts, without regard to uni formity, for the establishment of a county manager form of county government.

The following amendment was read and adopted:
Mr. Groover of Bibb moves to strike Paragraph 11 of Section 1 of article 7 of the Committee substitute to HR 6-1 and by renumbering the remaining paragraph accordingly.
Paragraph 11 was adopted as amended.

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JOURNAL OF THE HOUSE,

Mr. Murphy of Haralson asked unanimous consent that the House reconsider its action in adopting Paragraph 10 and the consent was granted.

The House has reconsidered.

The following amendment to paragraph 10 was read:
Mr. Bowen of Dawson moves to amend Paragraph 10 of Section 1 of Article 7 of HR 6-1 as follows:
By adding at the beginning of the paragraph the words "The General Assembly may empower; and
By striking from the second sentence the words "is empowered"; and
By striking the words in Line 5 to wit: "is hereby" and inserting in lieu thereof the words "may be".

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

Those voting in the affirmative were Messrs.:

Acree Bowen, R. W. Brackin Bynum Causby Chandler DeVane Harrington

Hill Jones, F. C. Kelly Lane McKemie Meeks Milford Mixon

Murphy Nessmith Newton, D. L. Paris Raulerson Smith, R. R. Wells, D. W.

Those voting in the negative were Messrs.:

Anderson Andrews Ballard Barber Baughman Beck Bedgood Bell Black Bolton Bowen, A.

Bowen, R. L. Busbee Byrd Clark, J. T. Clarke, H. G. Coker, G., Dr. Coker, R. Davis Been, H. D. Dennard Duncan, A. C.

Duncan, J. E. Etheridge Fleming Fowler, J. W. Fulford Greene Groover Hall Harrell Harris Henderson

TUESDAY, MAY 26, 1964

Herndon House Hull Hurst Johnson, A. S., Dr. Johnson, B. Jones, C. M. Jones, M. Jordan, J. E. Jordan, W. H. Keadle Keyton Killian Kirkland Knight, D. W. Knight, W. D. Lambert Lee, Wm. S. Lewis Lowrey Matthews, C. McCracken

Milhollin Morgan, J. H. Odom Overby Partridge Payton Perry Peterson Ponsell Pope Poss Rainey Reaves Richardson Roberts Rogers, Jimmie Roper Rowland Scarborough Shea Sinclair Singer

411
Smith, G. L. II Smith, V. T. Spikes Stalnaker Steis Stuckey Tabb Tucker, J. B. Tucker, Ray M. Twitty Underwood, R. R. Watts Wells, H. H. White Wiggins Williams, G. J. Williams, W. M. Wilson, Hoke Woodward Hudgins

Those not voting were Messrs.:

Abney Alien Arnsdorff Bagby Blair Blalock, D. B. Blalock, E. Bowen, R. P. Branch Brantley Brooks, Geo. B. Brooks, Wilson Brown Caldwell Carr Conger Conner Cullens Dean, N. Dicus Dixon Dorminy Echols Plournoy Floyd Flynt Fowler, A. A., Jr. Funk Gibbons

Griffin Hale Horton Houston Isenberg Jones, D. C. Laite Lee, G. B. Lee, W. J. (Bill) Leonard Lindsey Logan Lokey Mackay Matthews, D. R. McClelland McDonald Melton Mitchell
Moate Moore Morgan, H. Mullis Newton, A. S. Pafford Parker Phillips Pickard Poole

Rhodes Rodgers, H. B. Russell Rutland Sewell Shuman Simmons Simpson Smith, A. C., Jr. Smith, Chas. C. Smith, E. B., Jr. Snow Story Strickland Teague Todd Towson Tucker, M. K. Underwood, J. C. Vaughn Walker Ware Warren Watson Wilkes Wilson, J. M. Smith, G. T.

412

JOURNAL OP THE HOUSE,

On the adoption of the amendment, the ayes were 23, nays 97.

The amendment was lost.

Paragraph 10 was adopted without an amendment.

Mr. Bolton of Spalding moved that this House do now adjourn until 10:00 o'clock a.m. tomorrow morning and the motion prevailed.

The Speaker announced the House adjourned until 10:00 o'clock a.m. tomor row morning.

WEDNESDAY, MAY 27, 1964

413

Representative Hall, Atlanta, Georgia

Wednesday, May 27, 1964

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

Prayer was offered by Rev. Robert T. Baggott, Jr., Pastor 1st Baptist, Newnan, Georgia.

By unanimous consent the call of the roll was dispensed with.

Mr. Clarke of Monroe, Chairman of the Committee on Auditing, Enrolling, Engrossing and Journals reported that the Journal of the previous legislative day had been read and found to be correct.

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

The Journal was confirmed.

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. 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 Resolutions of the House were read the first time and referred to the Committees:

HB 59. By Andrews of Stephens:
A Bill to be entitled an Act to amend an Act incorporating the City of Toccoa so as to provide for the establishment of a Civil Service Board and to designate the qualifications and personnel thereof; and for other purposes.
Referred to the Committee on Local Affairs.

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JOURNAL OP THE HOUSE,

HR 49-59. By Mr. Vaughn of Rockdale:
A Resolution proposing an amendment to Article VII, Section VI, Para graph I of the Constitution, which authorizes the General Assembly to create the Rockdale County-Conyers Water Authority, so as to re-create the Rockdale County-Conyers Water Authority and to broaden the scope of the powers which the General Assembly may confer upon said Authority; and for other purposes.
Referred to the Committee on Local Affairs.

HR 50-59. By Messrs. Harrington and Chandler of Baldwin:
A Resolution proposing an amendment to the Constitution so as to create the City of Milledgeville-Baldwin County Recreation Authority; and for other purposes.
Referred to the Committee on Local Affairs.

HB 60. By Mr. Baughman of Early:
A Bill to be entitled an Act creating the office of Tax Commissioner of Early County and fixing the compensation of said office so as to increase the compensation of Tax Commissioner; and for other purposes.
Referred to the Committee on Local Affairs.

HB 61. By Mr. Meeks of Union:
A Bill to be entitled an Act to amend an Act abolishing the offices Tax Collector and Tax Receiver in Union County, so as to change the salary of the Tax Commissioner; and for other purposes.
Referred to the Committee on Local Affairs.

HB 62. By Messrs. Ware and Spikes of Troup:
A Bill to be entitled an Act to abolish the justice courts, the offices of justice of the peace, the offices of the notary public ex-officio justice of the peace, the offices of constable in the 655th Militia District of Troup County; and for other purposes.
Referred to the Committee on Local Affairs.

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

HB 49. By Mr. Rhodes of Baker:
A Bill to be entitled an Act to abolish the present mode of compensating the sheriff of Baker County, known as the fee system; and for other purposes.

WEDNESDAY, MAY 27, 1964

415

HB 50. By Mr. Paris of Barrow:
A Bill to be entitled an Act to amend an Act creating a Board of Commissioners of Roads and Revenues for Barrow County so as to change the compensation of the members of the board and the clerk; and for other purposes.

HB 51. By Mr. Paris of Barrow:
A Bill to be entitled an Act to abolish the present method of compensat ing the sheriff, the clerk of the superior court, the ordinary, the tax collector, and the tax receiver of Barrow County, known as the fee system; to provide in lieu thereof annual salaries for such officers; and for other purposes.

HR 48-51. By Mr. Paris of Barrow:
A Resolution proposing an amendment to the Constitution so as to change the name of the Barrow County Industrial Building Authority; and for other purposes.

HB 52. By Mr. Deen of Bacon:
A Bill to be entitled an Act to amend the original charter of the City of Alma, so as to extend the city limits; and for other purposes.

HB 53. By Mr. Bagby of Paulding:
A Bill to be entitled an Act to place the Clerk of the Superior Court, the Sheriff, the Ordinary and the Coroner of Paulding County on a salary basis in lieu of a fee basis ; and for other purposes.

HB 54. By Mr. Bagby of Paulding: A Bill to be entitled an Act to amend an Act creating the office of Com missioner of Roads and Revenue of Paulding County, so as to change the compensation of the Commissioner; and for other purposes.
HB 55. By Mr. Bagby of Paulding: A Bill to be entitled an Act to amend an Act creating the office of Tax Commissioner of Paulding County, so as to change the compensation of the Tax Commissioner; and for other purposes.
HB 56. By Messrs. Plournoy, Teague and Wilson of Cobb: A Bill to be entitled an Act to amend an Act incorporating the City of Powder Springs, so as to change the corporate limits of the City of Powder Springs; and for other purposes.

416

JOURNAL OF THE HOUSE,

HB 57. By Messrs. Ware and Spikes of Troup:
A Bill to be entitled an Act to amend the City Charter of the City of Hogansville, so as to authorize the Mayor and Council to levy an addi tional four mills ad valorem tax for school purposes; and for other purposes.

HB 58. By Mr. Barber of Jackson:
A Bill to be entitled an Act to create and establish the Jackson County Airport Authority; and for other purposes.

The following message was received from the Senate through Mr. Stewart the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following Bill and Resolution of the Senate to wit:

SB 13. By Senator Loggins of the 53rd:
A Bill to add one additional Judge of the Superior Court of the Look out Mountain Judicial Circuit of Georgia; to provide the procedure connected therewith; and for other purposes.

SR 12. By Senators Kendrick of the 32nd and Yancey of the 33rd: A Resolution proposing an amendment to the Constitution so as to au thorize Cobb County to construct, extend, repair and maintain side walks outside the limits of any incorporated municipality within the county; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
The Senate has passed by the requisite constitutional majority the following Resolution of the House to wit:
HR 14-16. By Messrs. Echols and Caldwell of Upson: A Resolution proposing an amendment to the Constitution of the State of Georgia so as to create a body corporate and politic and an instru mentality of the State of Georgia to be known as the Thomaston Office Building Authority; and for other purposes.
By unanimous consent, the following Resolution of the Senate was read the first time and referred to the Committee:

WEDNESDAY, MAY 27, 1964

417

SR 12. By Senators Kendrick of the 32nd and Yancey of the 33rd:
A Resolution proposing an amendment to the Constitution so as to authorize Cobb County to construct, extend, repair and maintain side walks outside the limits of any incorporated municipality within the county; and for other purposes.
Referred to the Committee on Local Affairs.

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

HR 13-10. By Mr. Dixon of Ware:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide for the election of members of the Board of Education of Ware County by the voters of Ware County outside the corporate limits of the City of Waycross and for the appointment of the County School Superintendent of Ware County by the Board; 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
A Resolution proposing an amendment to the Constitution relative to the election of members of the Board of Education of Ware County by the people and for the appointment of the County School Superintendent of Ware County by the Board, designated as Resolution Act No. 140 and found in Georgia Laws 1964, p. 335, is hereby repealed in its en tirety.
SECTION 2
Article VIII, Section V, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following:
"The Board of Education of Ware County shall be composed of one member from the county at large and one member from each of the four Education Districts provided for hereinafter. All members, however, shall be elected by the voters of the en tire county with the exception of those voters residing in the corporate limits of the City of Waycross. For the purpose of electing the members of the Board of Education of Ware County, Ware County is hereby divided into four Education Districts. Education District No. 1 shall be composed of all that territory contained in the Wacona Elementary School District. Education

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JOURNAL OF THE HOUSE,

District No. 2 shall be composed of all that territory contained in the Emerson Park and Memorial Drive School District. Edu cation District No. 3 shall be composed of all that territory con tained in the Waresboro and Pinecrest School District. Education District No. 4 shall be composed of all that territory ^contained in the Millwood and Manor School Districts.

"At the General Election in November of 1966, the five mem bers of the Board shall be elected for terms as hereinatfer pro vided. The members elected from the county at large and from Edu cation Districts Nos. 1 and 2 shall be elected for terms of four years and until their successors are elected and qualified. The members elected from Education Districts Nos. 3 and 4 shall be elected for terms of two years and until their successors are elected for terms of two years and until their successors are elected and qualified. All such members shall take office January 1, 1967. Thereafter, all members shall be elected for terms of four years and until their successors are elected and qualified, and shall be elected at the General Election in the year of the expiration of their terms of of fice. All members shall take office on the first day of January im mediately following their election.

"In the event a vacancy occurs on the Board for any reason other than expiration of term of office, the remaining members of the Board shall elect a person from the district in which the vacancy occurs and such person shall serve for the unexpired term. In the event a member moves his residence from the district he represents, a vacancy shall exist from such district and shall be filled in the same manner as other vacancies are filled. At its first meeting each year, the members of the Board shall elect one of their number to serve as Chairman for that year and until the election of a Chairman in the subsequent year. A member shall be eligible to succeed himself as a member of the Board and also as Chairman of the Board.
"The Board of Education in existence at the time of the ratifi cation of this amendment shall continue in existence through Decem ber 31, 1966, but the terms of all members of such Board shall expire at that time and such Board of Education shall stand abol ished. The Board created herein shall be the successor to such abol ished Board and shall be subject to all the Constitutional and statu tory provisions relative to county boards of education unless such provisions are in conflict with the provisions of this amendment.

SECTION 3

When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as
amended.

WEDNESDAY, MAY 27, 1964

419

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

"For ratification of amendment to the Constiution so as to pro vide for the election of members of the Board of Education of Ware County by the voters of Ware County outside the corporate limits of the City of Waycross and for the appointment of the County School Superintendent of Ware County by the Board.

"Against ratification of amendment to the Constitution so as to provide for the election of members of the Board of Education of Ware County by the voters of Ware County outside the corporate limits of the City of Waycross and for the appointment of the County School Superintendent of Ware County by the Board."

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

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

The 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 Acree Alien Anderson Arnsdorff Bagby Barber Baughman Beck Bedgood Bell Black Blair Blalock, E.

Bowen, A. Bowen, R. L. Bowen, R. W. Branch Brooks, Geo. B. Brooks, Wilson Brown Busbee Byrd Carr Causby Chandler Clark, J. T. Coker, G., Dr.

Coker, R. Conger Conner Dean, N. Deen, H. D. Dennard DeVane Dixon Duncan, A. C. Fleming Floyd Flynt Fowler, A. A., Jr. Fowler, J. W.

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JOURNAL OF THE HOUSE,

Fulford Funk Gibbons Greene Griffin Groover Hall Harrell Harris
Henderson House Houston Hull Hurst Isenberg Johnson, A. S., Dr. Johnson, B. Jones, C. M. Jones, D. C. Jones, F. C. Jones, M. Jordan, W. H. Keadle Keyton Killian Kirkland Knight, D. W. Knight, W. D. Lane Lee, G. B.
Lee, W. J. (Bill)
Logan Lokey Mackay Matthews, C. McClelland McCracken

McDonald McKemie Meeks Melton Milford Milhollin Mitchell Mixon
Moate Moore Morgan, H. Morgan, J. H. Murphy Nessmith Newton, A. S. Newton, D. L. Odom Overby Pafford Paris Parker Partridge Payton Perry Phillips Pickard Ponsell Poole Pope Poss Raulerson Rhodes Richardson Roberts Rogers, Jimmie Roper Rowland

Sewell Shea Simmons Sinclair Singer Smith, A. C., Jr. Smith, Chas. C. Smith, E. B., Jr.
Smith, G. L., II Smith, R. R. Snow Spikes Stalnaker Steis Story Strickland Stuckey
Tabb Todd Towson Tucker, J. B. Tucker, Ray M. Underwood, J. C. Underwood, R. R. Vaughn Walker Ware Wells, D. W. Wells, H. H. White Wiggins Wilkes Williams, G. J. Williams, W. M. Wilson, Hoke Woodward

Those not voting were Messrs.:

Andrews Ballard Blalock, D. B. , Bolton Bowen, R. P. Brackin Brantley Bynum Caldwell Clarke, H. G. Cullens Davis Dicus

Dorminy Duncan, J. E. Echols Etheridge Flournoy Hale Harrington Herndon Hill Horton Jordan, J. E. Kelly Laite

Lambert Leonard Lewis Lindsey Lowrey Matthews, D. R. Mullis Peterson Rainey Reaves Rodgers, H. B. Russell Rutland

Scarborough Shuman Simpson Smith, V. T. Teague

WEDNESDAY, MAY 27, 1964

421

Tucker, M. K. Twitty Warren Watson Watts

Wilson, J. M. Hudgins Smith, G. T.

On the adoption of the Resolution, the ayes were 153, nays 0.

The Resolution, having received the requisite two-thirds constitutional major ity, was adopted.

HE 36-43 By Mr. Keadle of Lamar:
A RESOLUTION
Proposing an amendment to the Constitution so as to create the City of Barnesville and County of Lamar Development Authority; to provide for the powers, authority, funds, purposes, organization and procedures connected therewith; to provide for the appointment of mem bers of said Authority; to provide for the duties and powers of the City of Barnesville and the County of Lamar with respect to said Authority; to provide for the issuance of revenue bonds and the validation thereof; to provide for the exemptions applicable to said Authority; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION I
Article VII, Section V, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following:
"A. There is hereby created a body corporate and politic to be known as the "City of Barnesville and County of Lamar Develop ment Authority', which in this amendment is hereafter referred to as the 'Authority' and which shall be deemed a creature of the State of Georgia and an instrumentality of the County of Lamar and a public corporation. The name of said Authority may be changed from time to time by an act of the General Assembly. The scope and jurisdiction of the Authority is redistricted to the territorial limits of Lamar County, Georgia. The County of Lamar and any munici pality located therein may contract with the Authority as a public corporation as provided by the Constitution of Georgia.

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"B. The Authority shall consist of five (5) members as follows:

"Two (2) members shall be appointed by the mayor and council of the City of Barnesville; two (2) members shall be appointed by the commissioners of roads and revenues of Lamar County and the fifth member shall be the duly elected president of the Barnesville Chamber of Commerce and in the event said Chamber is dissolved as a corporation then and in that event the fifth member shall be appointed by the mayor and council of the City of Barnesville. The respective terms of the members shall be as follows:

"(1) The first member appointed by the mayor and council of the City of Barnesville shall be appointed for a term of five (5) years.

*

"(2) The first member appointed by the commissioners of

roads and revenues of Lamar County shall be appointed for a tsrm

of four (4) years.

"(3) The second member appointed by the mayor and council of the City of Barnesville shall be appointed for a term of three (3) years.

"(4) The second member appointed by the commissioners of roads and revenues of Lamar County shall be appointed for a term of two (2) years.

"(5) The president of the Barnesville Chamber of Commerce shall serve for a term of one (1) year.
"Thereafter upon the expiration of the said designated terms, the successors shall be appointed for a term of five (5) years by the political body or bodies who appointed the member whose term is expiring with the exception of the president of the Barnesville Chamber of Commerce or the person appointed in his stead whoss term shall remain at one (1) year.
"All members who have served on said Authority shall be eligible for reappointment to succeed themselves if they are reappointed by said political body or bodies designated by this amendment to appoint them or reelected to the office of President of the Barnesville Chamber of Commerce as the case might be. Should any member resign or be unable to serve or move beyond the territorial limits of Lamar County, as it is now situated or may hereafter be situated, his successor shall be appointed to serve the remaining term by the political body or bodies who originally ap pointed such member or elected him in the case of the President of the Barnesville Chamber of Commerce.
"Prior to taking office, the members shall subscribe to the following oath, to wit: 'I do solemnly swear that I will fully and fairly perform the duties as a member of the Barnesville-Lamar County Development Authority, So Help Me God.'

WEDNESDAY, MAY 27, 1964

423

"The members of said Authority shall be entitled to no com pensation.

"C. Any three (3) members shall constitute a quorum for the transaction of ordinary business of the Authority; however, any action with respect to any project of the Authority must be ap proved by not less than three (3) affirmative votss.

"D. As used herein, the following words and terms shall have the following meaning unless a different meaning clearly appears from the context:

"(1) The word 'Authority' shall mean the City of Barnesville and County of Lamar Development Authority, created hereby.

"(2) The word 'project' shall be deemed to mean and include property, real and personal, acquired or held by the Authority for the assistance, promotion, establishment or development of a new in dustry or industries, or the assistance, promotion or expansion of existing industry, trade or commerce in Lamar County, or any combination thereof; the acquisition of any such property for any such purpose or purposes; the improvement of any such property or properties; or the construction, installation or expansion of one or more buildings, plants or articles of equipment for the purpose of using, selling, donating, leasing or renting such land, properties, improvements, structures or equipment to public or private persons, firms, corporations or associations for such purposes.

"(3) The term 'cost of project' shall embrace the following: the cost of lands, buildings, improvements, machinery, equipment, properties, easements, rights, franchises, materials, labor and ser vices acquired or contracted for; the cost of financing charges or of interest prior to and during construction; architectural, accounting, engineering, inspection, fiscal or legal expenses; cost of plans or specifications; or any other expenses necessary or incident to con struction or improvements, or to determining the feasibility or practicability of the project, administrative expenses, or the acquisi tion, equipping or operating any project or any part thereof.

"E. The powers of the Authority herein created shall include, but are not limited to, the power, for its corporate purposes:

"(1) To have a corporate seal and alter the same at pleasure.
"(2) To contract and be contracted with, sue and be sued, implead or be impleaded, and complain and defend in all courts of law and equity, to contract with the State of Geogia and any in strumentality thereof, any county or municipality thereof, and any other political subdivisions, and with private persons, firms, cor porations, and associations.
"(3) To receive and administer gifts, grants and donations and to administer trusts.

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"(4) To buy, acquire, receive as gifts, own, improve, expand, develop, operate, maintain, sell, donate, lease as lessor or lessee, mortgage, pledge, convey to secure debt, or otherwise encumber or dispose of land, buildings, equipment, furnishings, or property of all kinds, real and personal, within Lamar County, Georgia, and to make a contract or contracts or execute any instrument or document for the accomplishment thereof, or other purposes.

"(5) To make contracts, and to execute any and all instruments necessary or convenient to, or in aid of, the accomplishment of any of the purposes of said Authority, or the exercise of any power or powers of said Authority.

"(6) To enter into any contract or contracts for any period of time not exceeding fifty (50) years.

"(7) To appoint and select officers, agents, and employees, including engineering, architectural and construction experts, fiscal agents and attorneys, and to fix their compensation.

"(8) To construct, erect, buy, receive as a gift, acquire, own, repair, remodel, maintain, equip, furnish, extend, expand, add to, develop, improve, donate, sell, lease as lessor or lessee, equip, operate and manage projects and to pay the costs of any such project from any income of the Authority, from the proceeds of revenue bonds issued and sold by the Authority or others, from any taxes levied for the purpose by the State of Georgia, Lamar County, or any of the municipalities therein, or from any contributions or loans by political subdivisions or instrumentalities, persons, firms, or corporations, all of which the Authority is hereby authorized to receive and accept
and use.

"(9) To elect its own officers from the membership of the Authority; to elect and employ an executive director who is not re quired to be a member of the Authority; and to authorize and empower such officers to act for the Authority generally or in any
specific matter.

"(10) To borrow money and to execute debentures, bonds, notes, mortgages, deeds, or bills of sale to secure debt, trust deeds or other such instruments as may be necessary or convenient to evidence
and secure such borrowing.

"(11) To issue and sell revenue bonds for the purpose of raising funds for the payment, in whole or in part, of the cost of any project of the Authority; to secure the payment of the obliga tions of such bonds by, but not limited to, selling, conveying, mort gaging, pleding or assigning any or all of its funds, income or prop erty; and to exercise all the rights, powers and privileges, and to be subject to all the duties and liabilities, which a municipality may exercise or be subject to under the provisions of the Revenue Bond Law (Chapter 87-8 of the Code of Georgia), as the same now is, or

WEDNESDAY, MAY 27, 1964

425

hereafter may be, amended. The rights, powers and privileges of the Authority are not limited to those of such municipality, however.

"(12) To use public funds made available to it, the rents, pro fits and proceeds from the projects erected, leased or sold, and other funds and income of the Authority, to provide for the operation and maintenance of such projects or other projects, to discharge the principal, interest and expenses of bonds, revenue bonds, and notes issued by the Authority, to pay other debts of the Authority, and to further and promote the objectives of the Authority.

"(13) To exercise any power granted by the laws of the State of Georgia to public corporations or authorities performing similar functions.

"(14) To accumulate its funds from year to year and to invest accumulated funds in any manner that public funds of the State of Georgia or any of its political subdivisions may be invested.
"(15) To adopt, alter, amend or repeal its own by-laws, rules and regulations governing the manner in which its business may be transacted and in which the powers granted to it may be enjoyed, as the Authority may deem necessary or expedient in facilitating its business.

"(16) To do all things necessary and convenient to carry out the powers expressly conferred by the amendment upon the Authority.

"F. The acquisition, construction, improvement, betterment, ex pansion or extension of any undertaking or project of the Authority, and the issuance in anticipation of the collection of revenues of such undertaking or project, of bonds to provide funds to pay the whole or a part of the costs thereof, may be authorized by resolution or resolutions of the Authority which may be adopted at a regular or special meeting by a majority of the members of the Authority. Unless otherwise provided therein, such resolution or resolutions shall take effect immediately and need not be laid over or published or posted. The Authority in determining the cost of any undertaking or project for which revenue bonds are to be issued may include all costs as hereinbefore defined. Such bonds shall bear such date or dates, mature at such time or times, not exceeding thirty (30) years from their respective dates, bear interest at such rate or rates not exceeding seven (7%) percent per annum, and may be in such de nominations and may carry such registration privileges and be sub ject to redemption and may contain such terms, covenants, assign ments and conditions as the resolution or resolutions authorizing the issuance of such bonds may provide. Except as herein provided to the contrary, such bonds shall be issued and validated in the Superior Court of Lamar County, Georgia, in the same manner as revenue bonds of municipalities are issued and validated under the Revenue Bond Law (Ga. Laws 1937, p. 761-774; Chapter 87-8 of the Code of Georgia), as now and hereafter amended. In the proceedings to

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JOURNAL OF THE HOUSE,

validate such bonds, the City of Barnesville and County of Lamar Development Authority shall be named as party defendant. In event no bill of exceptions is filed within the time prescribed by law, or if filed, the judgment validating the bonds shall be affirmed by the Supreme Court of Georgia, such judgment shall be forever conclu sive as to the validity of said bonds and the security therefor against said Authority.

"G. All property, real and personal, the title to which is vested in the Authority, and all debentures, notes, bonds, and revenue bonds issued by the Authority, and interest thereon and income therefrom, shall be exempt from State, county, city and local taxation for any purpose.

"H. It shall be the duty of the Authority to have all persons handling funds of the Authority fully and adequately bonded for their faithful accounting for such funds.

"I. The Authority shall not be authorized to create in any maner any debt, liability or obligation, against the State of Georgia, Lamar County, or any municipality therein. No debt, liability or obligation of the Authority shall be considered a pledge or loan of the credit of the State of Georgia, or any county, city or other sub division thereof.

"J. If the Authority shall deem it expedient to construct any project or use any project already constructed on lands, the title to which shall be in the County of Lamar or any incorporated city or town in said county, the governing authorities of the County of Lamar and of said municipalities, respectively, are authorized in their discretion to convey title to such lands, including any improve ments thereon, without cost, to the Authority. Said county or munic ipalities may donate to said Authority, real estate, personal property and services for any such project. Any such land, improvements, or personal property so conveyed or donated to the Authority may be mortgaged, conveyed, or pledged to secure obligations of the Author
ity.

"K. Should said Authority for any reason be dissolved, title to all property of every kind and nature, real and personal, held by the Authority at the time of such dissolution, shall be conveyed to Lamar County subject to any mortgages, liens, leases or other encumbrances outstanding against or in respect to said property. No private in terest shall exist in the property of said Authority. The Authority shall hold title only for the benefit of the public.

"L. The books and records of the Authority shall be audited at least annually, at the expense of the Authority, by a competent independent auditor; and the minutes and records of the same shall be filed in the office of the Authority and shall be available for public inspection.

WEDNESDAY, MAY 27, 1964

427

"M. The Authority shall exist and have all of said powers, and the right to exercise the same for its corporate purposes, regardless of whether or not it shall issue revenue anticipation obligations thereunder.

"N. In addition to the purposes for which revenue anticipation obligations may be issued by counties, municipal corporations and political subdivisions as provided in Article VII, Section VII, Para graph V of the Constitution, the City of Barnesville and County of Lamar Development Authority is hereby authorized to issue revenue obligations to provide funds to be used by said Authority in assisting, promoting, establishing and developing new industries, and assisting, promoting and expanding existing industry, agriculture, trade and commerce within the territorial limits of Lamar County, Georgia, as hereinafter provided. Said purposes are hereby found, determined and declared to be for the benefit of the citizens and residents of said county and to be an essential governmental function in relieving unemployment, improving the economy, limiting poor relief assis tance, developing natural resources, and otherwise promoting the general welfare.
"O. The said Authority is created for the purpose of assisting, promoting, establishing and developing new industry, and assisting, promoting and expanding existing industry, agriculture, trade and commerce within the territorial limits of Lamar County, Georgia, both within and without the limits of municipalities therein, for the public good and general welfare of said county and its citizens. The Authority shall not be operated for profit, is an institution of purely public charity, and is an industrial development agency qualified to receive loans and other assistance from the Industrial Development Commission of the State of Georgia, or other governmental agencies.
"P. In carrying out the foregoing objectives, the Authority shall be deemed to be engaging in such functions of government, activities and transactions as the County of Lamar and the City of Barnesville are by law authorized to undertake.
"Q This amendment shall be self-executing and effective im mediately upon proclamation of its ratification by the Governor and the first members of the Authority shall be appointed within thirty (30) days after such proclamation."

SECTION 2

When the above proposed amendment to the Constitution shall have been agreed to by two-thirds (2/3) 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:

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JOURNAL OF THE HOUSE,

"For ratification of amendment to the Constitution so as to create the City of Barnesville and County of Lamar Development Authority.

"Against ratification of amendment to the Constitution so as to create the City of Barnesville and County of Lamar Development Authority."

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

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

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Acree Alien Anderson Arnsdorff Bagby Barber Baughman Beck Bedgood Bell Black Blair Blalock, E. Bowen, A. Bowen, R. L. Bowen, R. W. Branch Brooks, Geo. B. Brooks, Wilson Brown

Busbee Byrd Carr Causby Chandler Clark, J. T. Coker, G., Dr. Coker, R. Conger Conner Dean, N. Deen, H. D. Dennard Devane Dixon Duncan, A. C. Fleming Floyd Flynt Fowler, A. A., Jr. Fowler, J. W.

Fulford Funk Gibbons Greene Griffin Groover Hall Harrell Harris Henderson House Houston Hull Hurst Isenberg Johnson, A. S., Dr. Johnson, B. Jones, C. M. Jones, D. C. Jones, F. C. Jones, M.

WEDNESDAY, MAY 27, 1964

Jordan, W. H. Keadle Keyton Killian Kirkland Knight, D. W. Knight, W. D. Lane Lee, G. B. Lee, W. J. (Bill) Lee, Mm. S. Logan Lokey Mackay Matthews, C. McClelland McCracken McDonald McKemie Meeks Melton Milford Milhollin Mitchell Mixon Moate Moore Morgan, H. Morgan, J. H. Murphy

Nessmith Newton, A. S. Newton, D. L. Odom Overby Pafford Paris Parker Partridge Payton Perry Phillips Pickard Ponsell Poole Pope Poss Raulerson Rhodes Richardson Roberts Rogers, Jimmie Roper Rowland Sewell Shea Simmons Sinclair Singer Smith, A. C., Jr.

429
Smith, Chas. C. Smith, E. B., Jr. Smith, G. L., II Smith, R. R. Snow Spikes Stalnaker Steis Story Strickland Stuckey Tabb Todd Towson Tucker, J. B. Tucker, Ray M. Underwood, J. G. Underwood, R. R. Vaughn Walker Ware Wells, D. W. Wells, H. H. White Wiggins Wilkes Williams, G. J. Williams, W. M. Wilson, Hoke Woodward

Those not voting were Messrs.:

Andrews Ballard Blalock, D. B. Bolton Bowen, R. P. Brackin Brantley Bynum Caldwell Clarke, H. G. Cullens Davis Dicus Dorminy Duncan, J. E. Echols Etheridge Flournoy

Hale Harrington Herndon Hill Horton Jordan, J. E. Kelly Laite Lambert Leonard Lewis Lindsey Lowrey Matthews, D. R. Mullis Peterson Rainey Reaves

Rodgers Russell Rutland Scarborough Shuman Simpson Smith, V. T. Teague Tucker, M. K. Twitty Warren Watson Watts Wilson, J. M. Hudgins Smith, G. T.

On the adoption of the Resolution, the ayes were 153, nays 0.

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The Resolution, having received the requisite two-thirds constitutional major ity, was adopted.

The following resolutions of the House were read and adopted:

HR 51. By Messrs. Harris and Rutland of DeKalb, Dicus, Jones, and Pickard of Muscogee, and many others:
A RESOLUTION
Commending Honorable James A. Mackay; and for other purpos?s.
WHEREAS, Honorable James Armstrong Mackay was born June 25, 1919, in Pairfield, Jefferson County, Alabama; and
WHEREAS, he was the son of the late Edward George Mackay and Beulah (Mason) Mackay; and
WHEREAS, he was married on September 20, 1942, to Mary Carol ine Lee, and
WHEREAS, he has two children, Kathleen Elizabeth Mackay and James Edward Mackay; and
WHEREAS, he received his formal education at Emory University; and
WHEREAS, Mr. Mackay is active in religious, civic and fraternal affairs of his community and is active in the political affairs of his community, the State of Georgia and the Nation; arid
WHEREAS, he is a veteran of World War II during which he was decorated with the Bronze Star Medal; and
WHEREAS, Honorable Jamas A. Mackay has served as a member of the House of Representatives of the State of Georgia as a Representa tive from DeKalb County for a period of twelve years during which tims he has distinguished himself in many ways; and
WHEREAS, he is now Chairman of the Banks and Banking Com mittee of the House of Representatives and was the author of and in strumental in the enactment of legislation establishing a Division for Children and Youth within the Department of Family and Children Services at the 1963 Session of the General Assembly of Georgia; and
WHEREAS, Mr. Mackay has always advanced the principals in which he believes with courage and vision; and

WEDNESDAY, MAY 27, 1964

431

WHEREAS, Honorable James A. Mackay is not seeking reelection to the General Assembly of Georgia; and

WHEREAS, Honorable James A. Mackay has no opposition in his bid for nomination as the Democratic Nominee for membership in the House of Representatives of the United States Congress from the 4th Congressional District of Georgia as created by legislation enacted at the 1964 Session of the General Assembly of Georgia; and

WHEREAS, there is no doubt but that he will be the Congressman from the newly created 4th Congressional District; and

WHEREAS, his counsel and advice will be sorely missed by his colleagues in the House of Representatives; and

WHEREAS, this distinguished Georgian should be commended for his many services to his community and the State of Georgia.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that Honorable James Armstrong Mackay, the distinguished member of the House of Representatives of the State of Georgia from DeKalb County is hereby commended for his years of devoted service to his community and the State of Georgia and for the distinguished manner in which he attended his duties.

BE IT FURTHER RESOLVED that the members of this Body do hereby extend their sincerest congratulations to Jim Mackay for his successful entry into the field of national politics and wish for him all success in his future endeavors.

BE IT FURTHER RESOLVED that as a token of our esteem arid appreciation, the Clerk of the House of Representatives is hereby author ized and directed to transmit an appropriate copy of this Resolution with the seal of the House of Representatives affixed thereto to Honorable James A. Mackay.

HR 52. By Messrs. Harris and Mackay of DeKalb, Jones and Dicus of Muscogee, and many others:
A RESOLUTION
Commending Honorable Guy W. Rutland, Jr.; and for other pur poses.
WHEREAS, Honorable Guy Walter Rutland, Jr. was born February 5, 1913, in Greenville, Meriwether County, Georgia; and
WHEREAS, he was the son of Guy Walter Rutland, Sr. and the late Mary Alice (Williams) Rutland; and

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WHEREAS, he was married on April 16, 1936, to Marie Gallagher Simpson; and

WHEREAS, he has four children, Guy Walter Rutland, III, John Thomas Rutland, Robert Jackson Rutland and Marie Susan Rutland; and

WHEREAS, Mr. Rutland was educated in Georgia and received his formal education at the Georgia Institute of Technology; and

WHEREAS, Mr. Rutland is active in religious, civic and fraternal affairs in his community and is active in the political affairs of his community and the State of Georgia; and

WHEREAS, this distinguished gentleman has served in the House of Representatives of the State of Georgia as a Representative from DeKalb County since 1953, and

WHEREAS, during his tenure as a member of the House of Rep resentatives, he has distinguished himself as an able representative and is presently serving as the Speaker Pro Tempore of the House of Rep resentatives; and

WHEREAS, Honorable Guy W. Rutland, Jr. has announced that he will not seek re-election as a member of the House of Representatives; and

WHEREAS, Mr. Rutland is engaged in many business enterprises and is nationally known for his knowledge of and success in the motor trucking business; and

WHEREAS, this distinguished Georgian should be commended for his distinguished service to his community and the State of Georgia.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that Honorable Guy Walter Rutland, Jr., the distinguished member of the House of Representatives of the State of Georgia from DeKalb County, is hereby commended for his outstandingand distinguished service as a member of the House of Representatives.
BE IT FURTHER RESOLVED that the members of this Body do hereby wish Honorable Guy W. Rutland, Jr. every success in all of his future endeavors and sincerely hope that he will continue to be active in all his activities for many years in the future.
BE IT FURTHER RESOLVED that as a token of our esteem, the Clerk of the House of Representatives is hereby authorized and directed to transmit an appropriate copy of this Resolution with the seal of the House of Representatives affixed thereto to Honorable Guy Walter Rutland, Jr.

WEDNESDAY, MAY 27, 1964

433

HR 53. By Messrs. Laite and House of Bibb, and many, many others:

A RESOLUTION

Saying "So Long for Now" to Denmark Groover (better known to all of us as "Denny").

WHEREAS, Denmark Groover, the gentleman from Bibb County, has announced his intention not to seek re-election as the Representative from Bibb County for the 1965-66 Session; and

WHEREAS, this decision of the gentleman from Bibb marks the end of six years service in the House of Representatives, two of which were spent as Floor Leader, and a very able and effective one; and

WHEREAS, many eloquent words have been spoken about the re markable career of this distinguished Statesman; and

WHEREAS, his invariable habit of being always on the job render ing outstanding public service has endeared him to his constituents who marvel to see him continue to excel records established by earlier and most able predecessors; and

WHEREAS, his dedication to his country, to mankind, and to God have shown him to be a great Georgian and a great American who has given many years of his life for public service; and

WHEREAS, because he is big in heart, big in mind, and big in spirit, Denny has always been alert to the legislative needs of the people; and

WHEREAS, his foresight for progressive legislation has shown him to be above all a man who deals in personal values and is never bound by formal abstractions; a man of true dignity, unsoiled by pomp and bluster; a man of warmth and understanding; and

WHEREAS, because he is a true Statesman and humanitarian, he has always been a courageous fighter for the causes he has espoused, but he has never been a mean or petty fighter; and
WHEREAS, the Honorable Denmark Groover has been truly one of the most wise, able and just legislators who has ever served in the General Assembly of Georgia.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that a fond farewell for now is bade wtih love and affection to Honorable Denmark Groover from all the members of the General Assembly.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to forward appropriate copies of this Resolution to Honorable Denmark Groover and his family.

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Under the Special and Continuing order of unfinished business, HE 6-1 was again taken up.

Article 7, Section 1 Paragraph 6. was again taken up.

The following amendment was read and adopted:
Smith of Emanuel and Pope of Cherokee move to amend Committee Substitute to HE 6-1 as follows:
By striking Article 7, Section 1, Paragraph 6, in its entirety and inserting in lieu thereof a new Paragraph 6 to read as follows:
"Paragraph 6. County Officers, Elections, Terms and Com pensation. For the purpose of this Paragraph, county officers shall consist of the following: Clerk of the Superior Court, Ordinary, Sheriff, Tax Receiver, Tax Collector, Tax Commissioner, Treasurer, Coronor, and Surveyor. Such officers shall serve for terms of four years and shall be elected by the electors of their counties. Their qualifications, powers and duties, and the grounds and procedure for their removal from office, shall be such as may be provided by general law. The General Assembly, by local act, may abolish any county office, except the office of Ordinary, and transfer the powers and duties of such abolished office to another county office, except that such act shall not become effective during the term for which the officer was elected unless the same be approved by a majority of the electors of the county voting in a referendum. In the event any county office in any county has been abolished or consolidated by law, such office shall not be recreated except by local act. County officers shall be compensated on a fee basis, a salary basis, or any combination thereof. Such compensation may be provided for and fixed in the manner prescribed by local act, in which event any such affected officer shall not receive any fees, compensation or allow ances under the provisions of any general law unless specifically authorized to do so in such local act; except that any Tax Collector or Tax Commissioner who, at the time of the effective date of this Constitution, is receiving, pursuant to the provisions of law, a com mission for collecting taxes in excess of a certain percentage of total taxes due, shall continue to receive such commission until other wise provided by local act or until the law under which he is receiving such commission is repealed or changed so as to prevent him from receiving such commission. No local act, however, shall provide any specific fees, but may provide that such officer shall receive fees provided for by general law. The General Assembly, by general law, may abolish the fee system of compensation of any county officer, in which event no such officer shall receive any fees under the provisions of any general or local law."
Paragraph 6 was adopted as amended.

WEDNESDAY, MAY 27, 1864

435

Mr. Bolton of Spalding asked unanimous consent that the House consider Article 5 before continuing the consideration of Article 7.

The consent was granted and Article 5 was taken up for consideration.

The following paragraph was read:
ARTICLE 5
PUBLIC FINANCE
SECTION 1
TAXATION
Paragraph 1. Taxing Power.
(a) The power of taxation shall remain at all times under the control of the General Assembly. All tax exemptions, exclusions, deduc tions, credits or other tax benefits shall always remain matters of grace, and neither the General Assembly, any department or official, any division of government, nor government at any level shall have any authority in any manner, to surrender, suspend or otherwise limit the exercise of such power irrevocably.

The following amendment was read and adopted:
McCracken of Jefferson moves to amend the Committee Substitute to HR 6-1 by striking Paragraph 1 (a), Section 1, Article 5 in its en tirety and inserting in lieu thereof the following to be designated as Paragraph 1 (a), Section 1, Article 5:
(a) The power of taxation shall remain at all times under the con trol of the General Assembly. Neither the General Assembly, any de partment or official, any division of government, nor government at any level shall have any authority in any manner, to surrender, suspend or otherwise limit the exercise of such power irrevocably. All tax exemp tions, exclusions, deductions, credits or other tax benefits shall always remain matters of grace.

Paragraph 1 (a) was adopted as amended.

The following paragraph was read and postponed until 5-28-64:
(b) The power of taxation shall be exercised solely for public purposes and by general laws or ordinances applicable uniformly upon

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JOURNAL OP THE HOUSE,

the same class of subjects throughout the territorial limits of the gov ernment authorized to levy the tax except as otherwise provided in this Constitution; provided, however, a county may limit any license fee or occupational tax to businesses located in the unincorporated area thereof.

The following paragraphs were read and adopted:
(c) The levy of taxes on property for any one year by the General Assembly for all purposes, except to provide for repelling invasions, suppressing insurrections, or defending the State in time of war, shall not exceed one-fourth (1/4) mill on each dollar of the value of the property taxable in the State, provided, however, that until some other method permitted by the laws of the United States for the taxation of national banking associations or corporations is enacted by the General Assembly for the taxation of the shares of stock of banking corporations and other monied capital coming into competition with such banking corporations, such property may be taxed at a rate not exceeding five (5) mills on each dollar of the value thereof.
Paragraph 2. Classification and Uniformity.
(a) Classes of subjects for taxation of property shall consist of tangible property and one or more classes of intangible personal prop erty including money. The General Assembly shall have the power to classify intangible personal property including money for taxation, and to adopt different rates and different methods of different classes of such property.
The General Assembly may treat any and all motor vehicles in cluding trailers, as a separate class of tangible property for property tax purposes, adopt different rates, methods or assessment dates for the taxation of such property, and enact legislation consistent herewith to prevent any person, firm or corporation from escaping payment of their fair share of taxes on said motor vehicles.

The following paragraph was read:
(b) The General Assembly may provide for a different method and time of returns, assessments, payment and collection of ad valorem taxes applicable to public utilities, but the property of public utilities shall not be taxed at a greater basis of value or at a higher rate of taxation than other properties.

The following amendment was read and adopted:
Mr. Brooks of Oglethorpe moves to amend Committee substitute for HR 6-1 as follows:
By changing the period at the end of Article 6 Section 1 Para graph 2 (b) to a comma, and adding the words "nor at a lesser basis of value nor at a lower rate of taxation than other properties."

WEDNESDAY, MAY 27, 1964

437

Paragraph 2 (b) was adopted as amended.

Mr. Keyton of Thomas asked unanimous consent that the House reconsider its action in adopting Article 5 Section 1 Paragraph 1 (a).

The consent was granted and the House has reconsidered.

The following amendment adding a sub-paragraph (c) to paragraph 2 was read:
Mr. McClelland of Fulton moves to amend Committee Substitute for HR 6-1, as follows:
By adding to Article 5, Section 1, Paragraph 2, a new subparagraph to be known as subparagraph (c) and which shall read as follows:
"(c) The General Assembly may enact legislation authorizing counties, municipal corporations or political subdivisions to classify, assess, and tax tangible personal property comprising the inven tories of manufacturers, processors, retailers or wholesalers in ac cordance with a different method and time of returns assessments, payment and collection of ad valorem taxes."

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

Those voting in the affirmative were Messrs.:

Bagby Beck Bell Brooks, Wilson Bynum Causby Clarke, H. G. Conger Cullens Dean, N. Dorminy Echols

Etheridge Flournoy Fowler, A. A., Jr. Gibbons Jones, M. Kelly Lee, Wm. S. McClelland Milhollin Moore Newton, D. L. Odom

Those voting in the negative were Messrs.:

Alien Andrews Arnsdorff Ballard Barber Baughman

Black Blair Blalock, D. B. Bolton Bowen, R. W. Brackin

Overby Raulerson Scarborough Smith, R. R. Spikes Walker Ware Williams, G. J. Williams, W. M. Woodward
Branch Brantley Brooks, Geo. B. Byrd Carr Chandler

438

JOURNAL OF THE HOUSE,

Clark, J. T. Coker, G., Dr. Coker, R. DeVane Dixon Duncan, A. C.
Duncan, J. E. Floyd Fowler, J. W. Fulford Funk Greene Groover Hall Harrell Harrington Henderson Horton House Houston Isenberg
Johnson, A. S., Dr. Jones, F. C. Jordan, J. E. Jordan, W. H. Keadle Kirkland

Knight, W. D. Laite Lambert Leonard Lewis Lowrey Melton Mixon Morgan, H. Murphy Nessmith Newton, A. S. Pafford Paris Partridge Payton Perry Phillips Ponsell Poole Pope Poss Reaves Richardson Roberts Rogers, Jimmie Rowland

Russell Shea Simmons Simpson Sinclair Singer Smith, E. B., Jr. Smith, G. L. II Smith, V. T. Stalnaker Steis Story Stuckey Tabb Todd Tucker, J. B. Tucker, M. K. Tucker, Ray M. Underwood, R. R. Vaughn Watts Wells, D. W. Wells, H. H. White Wiggins Wilson, Hoke Hudgins

Those not voting were Messrs.:

Abney Acree Anderson Bedgood Blalock, E. Bowen, A. Bowen, R. L. Bowen, R. P. Brown Busbee Caldwell Conner Davis Deen, H. D.
Dennard Dicus Fleming Flynt Griffin Hale
Harris Herndon Hill Hull

Hurst Johnson, B. Jones, C. M. Jones, D. C. Keyton Killian Knight, D. W. Lane Lee, G. B. Lee, W. J. (Bill) Lindsey Logan Lokey Mackay Matthews, C. Matthews, D. R. McCracken McDonald McKemie Meeks Milford Mitchell Moate Morgan, J. H.

Mullis Parker Peterson Pickard Rainey Rhodes Rodgers, H. B. Roper Rutland Sewell Shuman Smith, A. C., Jr. Smith, Chas. C. Snow Strickland Teague Towson Twitty Underwood, J. C. Warren Watson Wilkes Wilson Smith, G. T.

WEDNESDAY, MAY 27, 1964

439

On the adoption of the amendment, the ayes were 34, nays 99.

The amendment was lost.

The following amendment adding a sub-paragraph (c) to paragraph 2 was read:
Mr. Twitty of Mitchell, Mr. Milholiln of Coffee and Mr. Carr of Washington move to amend Committee Substitute to HR 6-1 as follows:
By inserting the following Subparagraph in Article 5, Section 1, Paragraph 2 to be known as Subparagraph (c) and to read as follows:
"(c) However, all real property shall be valued on the basis of use for ad valorem taxation purposes by the county governing authorities."

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 Baughman Black Caldwell Carr Dorminy Echols Fowler, A. A., Jr. Jordan, J. E.

Lambert Lane Lowrey McCracken Milhollin Mixon Nessmith Newton, D. L. Raulerson

Reaves Singer Smith, E. B., Jr. Stuckey Twitty Underwood, J. C. Wells, D. W. Wells, H. H. Williams, G. J.

Those voting in the negative were Messrs.:

Acree Alien Anderson Bagby Ballard Barber Beck Blair Blalock, D. B. Blalock, E. Bolton Bowen, A. Bowen, R. L.

Bowen, R. W. Brooks, Geo. B. Brooks, Wilson Brown Busbee Causby Clark, J. T. Coker, G., Dr. Cullens Davis Dennard Dixon Duncan, A. C.

Etheridge Flournoy Floyd Flynt Fowler, J. W. Fulford Funk Gibbons Greene Groover Hale Harrell Harris

440

JOURNAL OF THE HOUSE,

Henderson Herndon House Houston Hurst Isenberg Johnson, A. S., Dr. Jones, C. M. Jones, F. C. Jones, M. Jordan, W. H. Keadle Knight, W. D. Laite Lee, G. B. Lee, W. J. (Bill) Lee, Wm. S. Lewis Lokey Mackay Matthews, C. Matthews, D. R. Milford

Moate Moore Morgan, H. Murphy Newton, A. S. Odom Overby Pafford Paris Partridge Payton Peterson Ponsell Poole Pope Poss Richardson Roberts Rogers, Jimmie Roper Rowland Shea Simmons

Sinclair Smith, A. C., Jr. Smith, Chas. C. Smith, R. R. Smith, V. T. Snow Stalnaker Steis Story Tabb Teague Tucker, J. B. Tucker, Ray M. Underwood, R. R. Vaughn Walker Watts White Wiggins Williams, W. M. Hudgins

Those not voting were Messrs.:

Andrews Arnsdorff Bedgood Bell Bowen, R. P. Brackin Branch Brantley Bynum Byrd Chandler Clarke, H. G. Coker, R. Conger Conner Dean, N. Deen, H. D. DeVane Dicus Duncan, J. E. Fleming Griffin Hall Harrington

Hill Horton Hull Johnson, B. Jones, D. C. Kelly Keyton Killian Kirkland Knight, D. W. Leonard Lindsey Logan McClelland McDonald McKemie Meeks Melton Mitchell Morgan, J. H. Mullis Parker Perry Phillips

Pickard Rainey Rhodes Rodgers, H. B. Russell Rutland Scarborough Sewell Shuman Simpson Smith, G. L., II Spikes Strickland Todd Towson Tucker, M. K. Ware Warren Watson Wilkes Wilson, Hoke Wilson, J. M. Woodward Smith, G. T.

On the adoption of the amendment, the ayes were 27, nays 106.

WEDNESDAY, MAY 27, 1964

441

The amendment was lost.
i
Mr. Tucker of Henry stated that he would like to be recorded as voting "Nay".

Mr. Sewell arose on a point of personal privilege and addressed the House.
The Speaker announced the House recessed until 2:00 o'clock p.m.
AFTERNOON SESSION
The Speaker called the House to order at 2:00 o'clock p.m.
The following paragraphs were read and adopted:
Paragraph 3. Exemptions from Taxation.
(a) The General Assembly may exempt any of the following property from taxation under such definitions, conditions, and limita tions as it may prescribe; all laws exempting property from taxation, other than the property herein enumerated, shall be void.
(1) Property owned by the United States of America, the State of Georgia, any State of the United States, any foreign state, or any governmental division or instrumentality thereof.
(2) Property owned by a non-profit organization established for religious purposes and used exclusively for activities of religious worship, training or instruction and activities reasonably necessary and incidental thereto; including property used for residential pur poses from which no income is derived and church cemeteries.
(3) Property owned by a non-profit organization established for charitable purposes and used exclusively in operating an institution of purely public charity and activities reasonably necessary and in cidental thereto.
(4) Property owned by a non-profit organization established for educational purposes and used exclusively in operating a school, academy, seminary, college or other institution of learning and activi ties reasonably necessary and incidental thereto.
(5) Property owned by a non-profit organization established for literary, historic, artistic, scientific or educational purposes and

442
jj.jf j||

JOURNAL OF THE HOUSE,
used exclusively in operating a library, museum, art gallery, or facilities for the performance of operas, ballets, or other performing arts, or other similar institution and activities reasonably necessary and incidental thereto, provided such property is not held as merchandise or for purposes of sale or gain.
(6) Property identified as a cemetery or mausoleum and irrevo cably dedicated for use exclusively for the burial of human remains by a plat or instrument duly recorded in the office of the Clerk of the Superior Court of the county in which the land lies.
(7) Property owned by or irrevocably held in trust for the ex clusive benefit of any of the aforesaid non-profit organizations held as endowment, except tangible property which is rented or otherwise used regularly for the primary purpose of producing income there from.

The following paragraph was read:
(8) Farm products grown in this State remaining in the hands of the producer but only for the year next after their production.

The following amendment was read:
Newton of Colquitt moves to amend Committee Substitute for HR 6-1 as follows:
By striking Article 5, Section 1, Paragraph 3 (a) (8) in its entirety and inserting in lieu thereof a new Paragraph 3 (a) (8) to read as follows:
"(8) Farm products, livestock, poultry and bees, grown or pro duced in this State remaining in the hands of the producer but only for the year next after their growth or production."

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 Acree Ballard Baughman Black Bowen, R. W. Brantley

Brooks, Geo. B. Byrd Caldwell Carr Causby Clark, J. T. Clarke, H. G.

Coker, G., Dr. Conner Cullens Dean, N. Deen, H. D. DeVane Dorminy

WEDNESDAY, MAY 27, 1964

Duncan, A. C. Echols Fleming Fowler, J. W. Funk Greene Hall Harrell Harrington Henderson Herndon Hull Hurst Johnson, A. S., Dr. Johnson, B. Jordan, J. E. Jordan, W. H. Keadle Keyton Kirkland Knight, W. D. Lambert

Lane Lee, G. B. Leonard Lewis Lowrey Matthews, D. R. McCracken McKemie Milford Milhollin Mixon Morgan, J. H. Nessmith Newton, A. S. Newton, D. L. Pafford Partridge Perry Peterson Pope Poss Raulerson

443
Reaves Roberts Roper Russell Simpson Sinclair Singer Smith, A. C., Jr. Smith, E. B., Jr. Smith, R. R. Snow Story Stuckey Tabb Todd Twitty Underwood, R. R. Vaughn Wells, H. H. Williams, G. J. Hudgins

Those voting in the negative were Messrs.

Bagby Barber Beck Bell Blair Blalock, D. B. Bolton Bowen, A. Bowen, R. L. Branch Brooks, Wilson Brown Busbee Chandler Coker, R. .Conner Dennard Floyd

Fulford Hale Harris House Houston Isenberg Jones, C. M. Killian Lee, Win. S. Matthews, C. Melton Moate Moore Morgan, H. Odom Overby Paris Payton

Ponsell Poole Richardson Rogers, Jimmie
Sewell Shea Simmons Smith, G. L., II Smith, V. T. Steis Tucker, J. B. Tucker, Ray M. Watts White Wiggins Williams, W. M.

Those not voting were Messrs.:

Alien Anderson 'Andrews Arnsdorff Bedgood Blalock, E.

Bowen, R. P. Brackin Bynum Conger Da vis Dicus

Dixon Duncan, J. E. Etheridge Flournoy Flynt Fowler, A. A.

444

JOURNAL OF THE HOUSE,

Gibbons Griffin Groover Hill Horton Jones, D. C. Jones, F. C. Jones, M. Kelly Knight, D. W. Laite Lee, W. J. (Bill) Lindsey Logan Lokey Mackay McClelland

McDonald Meeks Mitchell Mullis Murphy Parker Phillips Pickard Rainey Rhodes Rodgers, H. B. Rowland Rutland Scarborough Shuman Smith, Chas. C. Spikes

Stalnaker Strickland Teague Towson Tucker, M. K. Underwood, J. C. Walker Ware Warren Watson Wells, D. W. Wilkes Wilson, Hoke Wilson, J. M. Woodward Smith, G. T.

On the adoption of the amendment, the ayes were 86, nays 51.

The amendment was adopted.

Paragraph 3 a (8) was adopted as amended.

Mr. Overby of Hall stated that he voted under a misapprehension and would like to be recorded as voting "Aye".

The following paragraphs were read and adopted:
(9) Intangible property owned by a trust forming a part of a pension, profit sharing or stock bonus plan established by an em ployer for the exclusive benefit of his employees.
(10) The stock of a corporation which is organized or domesti cated under the laws of Georgia; the bonds and other evidences of indebtedness issued by the United States of America, the State of Georgia, any State of the United States or any governmental divi sion or instrumentality thereof.

The following paragraph was read:
(11) Tangible personal property comprising the inventory of a manufacturer in this State, whether raw materials, goods in pro cess of manufacture or finished products, remaining in the hands of the manufacturer but only for the year next after their produc-

WEDNESDAY, MAY 27, 1964

445

tion of acquisition. Provided that any such exemption shall not be effective in any political subdivision of this State unless the same is approved by the electors of such subdivision in a referendum election held for that purpose.

The following amendment was read:
Mr. Ware of Troup, moves to amend Committee Substitute for HR 6-1. By striking Sub-paragraph (11) of Paragraph 3 (a), Section 1, Article 5 and inserting in lieu thereof a new sub-paragraph (11) to read as follows:
"(11) Tangible personal property comprising the inventory of a manufacturer or processor resulting from or used in manufactur ing or processing in this State, whether raw materials, goods being manufactured or processed or finished products, remaining in the hands of the manufacturer or processor but only for the year next after their production, processing or aquisition. Provided that any such exemption shall not be effective in any political subdivision of this State unless the same is approved by the electors of such sub division in a referendum election held for that purpose."

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 Acree Alien Anderson Andrews Bagby Baughman Beck Bedgood Bell Black Blair Blalock, D. B. Blalock, E. Bowen, A. Bowen, R. L. Bowen, R. W. Branch Brantley Brooks, Geo. B. Brooks, Wilson Brown Busbee

Bynum Byrd Caldwell Carr Causby Chandler Clark, J. T. Clarke, H. G. Coker, G., Dr, Coker, R. Conger Conner Cullens Davis Dean, N. Been, H. D. Dennard DeVane Dorminy Duncan, A. C. Echols Flournoy Floyd

Flynt Fowler, A. A., Jr. Fowler, J. W. Fulford Funk Gibbons Greene Griffin Groover Hale Hall Harrell Harrington Henderson Herndon Hill Horton Houston Hull Hurst Isenberg Johnson, A. S., Dr. Jones, C. M.

446
Jordan, J. E. Jordan, W. H. Keadle Kelly Killian Knight, W. D. Laite Lambert Lane Lee, G. B. Lee, W. J. (Bill) Lee, Wm. S. Lewis Lokey Lowrey Matthews, C. Matthews, D. R. McCracken McKemie Milford Milhollin Mixon Moate Moore Morgan, H. Morgan, J. H. Murphy Nessmith Newton, A. S.

JOURNAL OF THE HOUSE,

Newton, D. L. Odom Overby Pafford Paris Partridge Payton Perry Peterson Phillips Ponsell Poole Pope Poss Rainey Raulerson Reaves Richardson Roberts Rodgers, H. B. Roper Rowland Scarborough Shea Shurnan Simmons Simp son Sinclair Singer

Smith, A. C., Jr. Smith, Chas. C. Smith, E. B., Jr. Smith, R. R. Smith, V. T. Snow Spikes Stalnaker Steis Story Strickland Tabb Todd Tucker, J. B. Tucker, Ray M. Twitty Underwood, J. C. Underwood, R. R. Vaughn Walker Ware Warren Watts Wells, D. W. Wells, H. H. Wiggins Williams, G. J. Williams, W. M. Hudgins

Those voting in the negative were Messrs.:

Barber Bolton

House Melton

Rogers, Jimmie Smith, G. L., II

Those not voting were Messrs.:

Arnsdorff Ballard Bowen, R. P. Brackin Dicus Dixon Duncan, J. E. Etheridge Fleming Harris Johnson, B. Jones, D. C. Jones, F. C. Jones, M. Keyton

Kirkland Knight, D. W. Leonard Lindsey Logan Mackay McClelland McDonald Meeks Mitchell Mullis Parker Pickard Rhodes Russell

Rutland Sewell Stuckey Teague Towson Tucker, M. K. Watson White Wilkes Wilson, Hoke Wilson, J. M. Woodward Smith, G. T.

On the adoption of the amendment, the ayes were 156, nays 6.

WEDNESDAY, MAY 27,1964

447

The amendment was adopted.

Paragraph 3 (a) (11) was adopted as amended.

The Clerk was instructed to correct the typographical errors in Paragraph 3 (a) (11) by adding the words "or processor" in the second line after the word manufacturer and again in the fourth line after the word manufacturer.

The following paragraphs were read and adopted:
(b) The Genera! Assembly may provide relief from any multi ple taxation to which intangible property may be subject by reason of its having acquired a taxable situs in more than one taxing juris diction.
(c) There shall be exempt from all ad valorem intangible taxes in this State, the common voting stock of a subsidiary cor poration not doing business in this State, if at least ninety per cent of such common voting stock is owned by a Georgia corporation with its principal place of business located in this State and was acquired or is held for the purpose of enabling the parent company to carry on some part of its established line of business through such subsidiary.
(d) Each disabled veteran who is a citizen and resident of Georgia, is hereby granted an exemption of $10,000 from all ad valorem taxation for State, county, municipal and school purposes on his homestead which he owns and actually occupies as a residence. The value of all property in excess of the exempted amount shall remain subject to taxation. The term "disabled veteran", as used herein, means a disabled American veteran of any war or armed conflict in which any branch of the armed forces of the United States engaged, whether under United States command or otherwise, and who is disabled, as a result of such service in the armed forces, by paraplegia or permanent paralysis of both legs and lower parts of the body resulting from traumatic injury to the spinal cord or brain, or multiple sclerosis, or by total blindness, or by the amputa tion of both legs or both arms.

The following paragraph was read:
(e) In an amount not to exceed $2,000 of its value, the home stead owned by a person who is a resident of this State, actually occupied by him primarily as his residence and only so long as so occupied, is hereby exempted from all property taxation for State, county, and county or area school purposes, except to pay interest on and to retire bonded indebtedness. The General Assembly, from

448

JOURNAL OF THE HOUSE,

time to time, may lower the amount of this exemption to not less than $1,250. An exemption hereunder must be claimed in the manner prescribed by the General Assembly, and the General Assembly may further define the homestead entitled to exemption hereunder except that a homestead as contemplated hereunder shall remain limited to a claimant's actual dwelling, structures incidental thereto, and the land to which same is attached not in excess of twenty acres.

Each person who is sixty-five (65) years of age or over and who does not have an income from all sources, which term shall include tax free income, exceeding $3,000.00 per annum is hereby granted an exemption at $4,000.00 on his homestead which he owns and which he actually occupies as a residence, such exemption being from all State and county ad valorem taxes. The value of the resi dence in excess of the above exempted amount shall remain subject to taxation. Any such owner shall not receive the benefits of such homestead exemption unless he files an affidavit with the tax com missioner or tax receiver of the county in which he resides, giving his age and the amount of income which he receives and such additional information relative to receiving the benefits of such exemption as will enable the tax commissioner or tax receiver to make a determination as to whether such owner is entitled to such exemption. The tax commissioner or tax receiver shall provide af fidavit forms for this purpose. The increased exemption provided for herein shall apply to all taxable years beginning after December 31, 1964.

The following amendment was read:
Laite of Bibb moves to amend Committee Substitute to HE 6-1 as follows:
By adding at the end of the first paragraph of Article 5, Section 1, Paragraph 3, Subparagraph (e) the following sentence:
"Claimant's actual dwelling shall be deemed to include dwell ings, cooperative apartments, apartments owned pursuant to the 'Apartments Ownership Act' approved April 12, 1963 (Ga. Laws 1963, p. 561) as the same now exists or may hereafter be amended and mobile home trailers, notwithstanding the ownership of the land on which the same is located; provided, however, that mobile home trailers must have been actually occupied by the claimant for a period of one year prior to claiming the exemption authorized here in.",
so that when so amended, Subparagraph (e) of Paragraph 3 shall read as follows:
"(e) In an amount not to exceed $2,000 of its value, the home stead owned by a person who is a resident of this State, actually occupied, by him primarily as his residence and only so long as so

WEDNESDAY, MAY 27, 1964

449

occupied, is hereby exempted from all property taxation for State, county, and county or area school purposes, except to pay interest on and to retire bonded indebtedness. The General Assembly, from time to time, may lower the amount of this exemption to not less than $1,250. An exemption hereunder must be claimed in the manner prescribed by the General Assembly, and the General Assembly may further define the homestead entitled to exemption hereunder except that a homestead as contemplated hereunder shall remain limited to a claimant's actual dwelling, structures incidental thereto, and the land to which same is attached. Claimant's actual dwelling shall be deemed to include dwellings, cooperative apartments, apartments owned pursuant to the 'Apartments Ownership Act' approved April 12, 1963 (Ga. Laws 1963, p. 561) as the same now exists or may hereafter be amended and mobile home trailers, notwithstanding the ownership of the land on which the same is located; provided, how ever, that mobile home trailers must have been actually occupied by the claimant for a period of one year prior to claiming the exemption authorized herein.

"Each person who is sixty-five (65) years of age or over and who does not have an income from all sources, which term shall in clude tax free income, exceeding $3,000.00 per annum is hereby granted an exemption at $4,000.00 on his homestead which he owns and which he actually occupies as a residence, such exemption being from all State and county ad valorem taxes. The value of the resi dence in excess of the above exempted amount shall remain subject to taxation. Any such owner shall not receive the benefits of such homestead exemption unless he files an affidavit with the tax com missioner or tax receiver of the county in which he resides, giving his age and the amount of income which he receives and such addi tional information relative to receiving the benefits of such exemp tion as will enable the tax commissioner or tax receiver to make a determination as to whether such owner is entitled to such exemp tion. The tax commissioner or tax receiver shall provide affidavit forms for this purpose. The increased exemption provided for herein shall apply to all taxable years beginning after December 31, 1964."

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 Alien Arnsdorff Brooks, Geo. B. Carr Clarke, H. G. Coker, R. Davis Gibbons

Groover Harrell Houston Johnson, B. Laite Lane Lewis Melton Milhollin

Nessmith Raulerson Reaves Rhodes Rowland Todd Woodward Hudgins

460

JOURNAL OF THE HOUSE,

Those voting in the negative were Messrs.:

Acree Anderson Andrews Ballard Barber Beck Bell Black Blair Blalock, E. Bolton Bowen, A. Bowen, R. L. Bowen, R. W. Brooks, Wilson Brown Busbee Bynum Byrd Causby Chandler Clark, J. T. Coker, G., Dr. Conner Dean, N. Deen, H. D. Dennard Dorminy Duncan, A. C. Echols Fleming Flournoy Fowler, J. W. Fulford Funk Greene Griffin Harringtpn

Harris Henderson Herndon Horton House Isenberg Johnson, A. S., Dr. Jones, M. Jordan, J. E. Jordan, W. H. Keadle Kelly Killian Kirkland Knight, W. D. Lambert Lee, G. B. Lee, W. J. (Bill) Lee, Wm. S. Leonard Lowrey Mackay Matthews, C. Matthews, D. R. McCracken Meeks Milford Mixon Morgan, H. Morgan, J. H. Murphy Odom Overby Pafford Partridge Payton Peterson Phillips

Ponsell Poole Pope Poss Richardson Roberts Rodgers, H. B. Rogers, Jimmie Roper Scarborough Sewell Shea Shuman Simmons Sinclair Singer Smith, A. C., Jr. Smith, Chas. C. Smith, E. B., Jr. Smith, R. R. Smith, R. R. Smith, V. T. Snow Stalnaker Steis Story Tabb Teague Tucker, J. B. Tucker, Ray M. Twitty Vaughn Watts Wells, H. H. Wilkes Williams, G. J. Williams, W. M.

Those not voting were Messrs.:

Bagby Baughman Bedgood Blalock, D; B. Bowen, R. P. Brackin Branch Brantley Caldwell

Conger Cullens DeVane Dicus Dixon Duncan, J. E. Etheridge Floyd Flynt Fowler, A. A., Jr.

Hale Hall Hill Hull Hurst Jones, C. M. Jones, D. C. Jones, F. C. Keyton Knight, D. W.

Lindsey Logan Lokey McClelland McDonald McKemie Mitchell Moate Moore Mullis Newton, A. S. Newton, D. L. Paris

WEDNESDAY, MAY 27, 1964
Parker Perry Pickard Rainey Russell Rutland Simpson Smith, G. L., II Spikes Strickland Stuckey Towson Tucker, M. K.

461
Underwood, J. C. Underwood, R. R. Walker Ware Warren Watson Wells, D. W. White Wiggins Wilson, Hoke Wilson, J. M. Smith, G. T.

On the adoption of the amendment, the ayes were 26, nays 112.

The amendment was lost.

The following amendment was read:
Mr. Baughman of Early moves to amend Committee substitute to HR 6-1 as follows:
By striking the first paragraph of Art. 5, Section 1, Paragraph 3, Sub-paragraph e, in its entirety and inserting in lieu thereof the follow ing:
"(e) In an amount not to exceed $2000.00 of its value, the homestead owned by a person who is a resident of this State, actu ally occupied by him primarily as his residence and only so long as so occupied, is hereby exempted from all property taxation for State, county, and county or area school purposes, except to pay interest on and to retire bonded indebtedness. The General Assembly, from time to time, may lower the amount of this exemption to not less than $1,250.00. An exemption hereunder must be claimed in the manner prescribed by the General Assembly, and the General As sembly may further define the homestead entitled to exemption hereunder except that a homestead as comtemplated hereunder shall remain limited to a claimant's actual dwelling, structures incidental thereto, and the land to which same is attached."

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 Acree Alien

Anderson Arnsdorff Bagby

Baughman Beck Black

452

JOURNAL OF THE HOUSE,

Bowen, R. L. Bowen, R. W. Brantley Brooks, Geo. B. Brown Bynum Caldwell Carr Chandler Clark, J. T. Clarke, H. G. Coker, G., Dr. Coker, R. Conner Da vis Deen, H. D. Dennard Dixon Dorniiny Duncan, A. C. Echols Flynt Fowler, A. A., Jr. Fowler, J. W. Gibbons Greene Griffin Hall Harrell Harrington Henderson Herndon Hill

Houston Jones, F. C. Jordan, J. E. Keadle Knight, W. D. Lane Lee, G. B. Leonard Lewis Lokey Lowrey Matthews, D. R. McCracken McKemie Meeks Melton Milford Milhollin Mixon Moate Morgan, H. Morgan, J. H. Murphy Nessmith Newton, A. S. Newton, D. L. Pafford Paris Parker Partridge Ponsell Poole Pope

Poss Raulerson Reaves Rhodes Rodgers, H. B. Rogers, Jimmie Rowland Scarborough Sewell Simmons Simpson Sinclair Singer Smith, A. C., Jr. Smith, G. L. II Smith, R. R. Smith, V. T. Snow
Stalnaker Story Strickland Stuckey Tabb Todd Tucker, M. K. Tucker, Ray M. Underwood, R. R. Walker Warren Wells, H. H. Wilkes Williams, G. J. Woodward

Those voting in the negative were Messrs.:

Andrews Ballard Barber Bell Blair Blalock, E. Bolton Bowen, A. Brooks, Wilson Busbee Byrd Causby Conger Etheridge Flournoy Fulford Funk Harris Horton

House Hurst Isenberg Johnson, A. S., Dr. Johnson, B. Jones, M. Jordan, W. H. Kelly Killian Kirkland Laite Lambert Lee, Wm. S. Mackay Matthews, C. Moore Odom Overby Peterson

Phillips Richardson Roberts Roper Shea Shuman Smith, Chas. C. Smith, E. B., Jr. Spikes Steis Tucker, J. B. Twitty Vaughn Watts Wiggins Williams, W. M. Hudgins

WEDNESDAY, MAY 27, 1964

453

Those not voting were Messrs.:

Bedgood Blalock, D. B. Bowen, R. P. Brackin Branch Cullens Dean, N. DeVane Dicus Duncan, J. E. Fleming Floyd Groover Hale

Hull Jones, C. M. Jones, D. C. Keyton Knight, D. W. Lee, W. J. (Bill) Lindsey Logan McClelland McDonald Mitchell Mullis Payton Perry

Pickard Rainey Russell Rutland Teague Towson Underwood, J. C. Ware Watson, C. P. Wells, D. W. White Wilson, Hoke Wilson, J. M. Smith, G. T.

On the adoption of the amendment, the ayes were 108, nays 55.

The amendment was adopted.

Paragraph 3 11 (e) was adopted as amended.

The following amendment was read and adopted:
Bolton of Spalding moves to amend Committee Substitute to HR 6, as follows:
By striking the words and figures "December 31, 1964" as they appear in the last sentence of Article 5, Section 1, Paragraph 3 (e), and substituting in lieu thereof the words and figures "December 31, 1965", so that when so amended said last sentence shall read as follows:
"The increased exemption provided for herein shall apply to all taxable years beginning after December 31, 1965."

The following amendment was read:
Mr. Walker of Lowndes moves to amend paragraph 3 11 (e) by adding at the end of Line 1 before "and" the following words:
"or who is drawing social security benefits due to disability."

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

454

JOURNAL OF THE HOUSE,

Those voting in the affirmative were Messrs.

Arnsdorff Barber Baughman Black Blair Brantley Bynum Carr Causby Clark, J. T. Coker, G., Dr. Conger Dennard Echols Flynt Gibbons Greene Henderson Hill Jordan, J. E.

Keadle Kirkland Knight, D. W. Lewis Lokey Lowrey Milford Milhollin Mitchell Newton, A. S. Newton, D. L. Overby Pafford Paris Partridge Payton Peterson Ponsell Poole Pope

Raulerson Reaves Rhodes Rowland Simmons Sinclair Smith, A. C., Jr. Smith, Chas. C. Smith, E. B., Jr. Smith, R. R. Smith, V. T. Stalnaker Strickland Tabb Tucker, J. B. Walker Wilkes Williams, G. J. Wilson, J. M. Woodward

Those voting in the negative were Messrs.:

Alien Anderson Andrews Ballard Beck Blalock, E. Bolton Bowen, R. L. Bowen, R. W. Brooks, Wilson Brown Busbee Byrd Chandler Dean, N. Dixon Dorminy Flournoy Floyd Fulford Funk Griffin

Groover Harrell Harris Herndon Horton House Isenberg Johnson, A. S., Dr. Jordan, W. H. Kelly Killian Lee, W. J. (Bill) Lee, Wm. S. Leonard Mackay Matthews, C. Matthews, D. R. McCracken Meeks Melton Moore Morgan, H.

Morgan, J. H. Odom Phillips Richardson Roberts Rogers, Jimmie Roper Scarborough Shea Shuman Smith, G. L. II Steis Story Teague Tucker, Ray M. Twitty Vaughn Warren Watts Wiggins Williams, W. M.

Those not voting were Messrs.:

Abney Acree

Bagby Bedgood

Bell Blalock, D. B.

WEDNESDAY, MAY 27,1964

Bowen, A. Bowen, R. P. Brackin Branch Brooks, Geo. B. Caldwell Clarke, H. G. Coker, R. Conner Cullens Davis Deen, H. D. DeVane Dicus Duncan, A. C. Duncan, J. E. Etheridge Fleming Fowler, A. A., Jr. Fowler, J. W. Hale Hall Harrington Houston Hull

Hurst Johnson, B. Jones, C. M. Jones, D. C. Jones, F. C. Jones, M. Keyton Knight, W. D. Laite Lambert Lane Lee, G. B. Lindsey Logan McClelland McDonald McKemie Mixon Moate Mullis Murphy Nessmith Parker Perry Pickard

455
Poss Rainey Rodgers, H. B. Russell Rutland Sewell Simpson Singer Snow Spikes Stuckey Todd Towson Tucker, M. K. Underwood, J. C. Underwood, R. R. Ware Watson Wells, D. W. Wells, H. H. White Wilson, Hoke Hudgins Smith, G. T.

On the adoption of the amendment, the ayes were 60, nays 65. The amendment was lost.

The Clerk was instructed to correct a typographical error in the fourth line of paragraph 2 of sub-paragraph (e) by changing "at" to "of".

The following amendment was read and adopted;
Mr. House of Bibb moves to amend Paragraph e by striking the language "such exemption being from all state and county ad valorem taxes" and by inserting "such exemption being from all, state, county and county or area school taxes except to pay interest on and to retire bonded indebtedness."

Paragraph 3 11 (e) paragraph 2 was adopted as amended.

Mr. Steis of Harris moved that the House reconsider its action in adopting the first paragraph of sub-paragraph (e) of Paragraph 3 11.

456

JOURNAL OF THE HOUSE,

On the motion to reconsider, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Andrews Ballard Black Blair Bowen, R. L. Busbee Causby Dixon Flynt Fulford Henderson Horton

House Isenberg Johnson, B. Jones, M. Killian Kirkland Lee, Wm. S. Matthews, C. McKemie Milhollin Mitchell Odom

Those voting in the negative were Messrs.:

Alien Anderson Arnsdorff Bagby Barber Baughman Beck Bell Blalock, E. Bolton Bowen, R. W. Brooks, Geo. B. Brooks, Wilson Brown Bynum Carr Chandler Clark, J. T. Clarke, H. G. Coker, G., Dr. Conger Dean, N. Deen, H. D.
Dennard Dorminy Duncan, A. C. Fleming Flournoy
Floyd Fowler, J. W.

Funk Greene Griffin Hall Harrell Harrington Herndon Houston Johnson, A. S., Dr. Jones, C. M. Jordan, J. E. Jordan, W. H. Keadle Kelly Lambert Lane Lee, W. J. (Bill) Leonard Lowrey Mackay Matthews, D. R. Meeks Melton Milford Moore Morgan, H. Morgan, J. H. Newton, A. S. Newton, D. L.
Overby

Peterson Ponsell Richardson Roper Sewell Shea Smith, Chas. C. Smith, R. R. Steis Walker Williams, G. J.
Parker Partridge Phillips Poole Pope Raulerson Reaves Rodgers, H. B. Rogers, Jimmy Rowland Scarborough Shuman Sinclair Singer Smith, A. C., Jr. Story Tabb Teague Todd Tucker, Ray M. Twitty Vaughn Warren Watts Wiggins Wilkes Williams, W. M. Woodward

WEDNESDAY, MAY 27, 1964

Those not voting were Messrs.:

Abney Acree Bedgood Blalock, D. B. Bowen, A. Bowen, R. P. Brackin Branch Brantley Byrd Caldwell Coker, R. Conner Cullens Davis DeVane Dicus Duncan, J. E. Echols Etheridge Fowler, A. A., Jr. Gibbons Groover Hale Harris Hill Hull Hurst

Jones, D. C. Jones, F. C. Keyton Knight, D. W. Knight, W. D. Laite Lee, G. B. Lewis Lindsey Logan Lokey McClelland McCracken McDonald Mixon Moate Mullis Murphy Nessmith Pafford Paris Payton Perry Pickard Poss Rainey Rhodes Roberts

457
Russell Rutland Simmons Simpson Smith, E. B., Jr. Smith, G. L., II Smith, V. T. Snow Spikes Stalnaker Strickland Stuckey Towson Tucker, J. B. Tucker, M. K. Underwood, J. C. Underwood, R. R. Ware Watson Wells, D. W. Wells, H. H. White Wilson, Hoke Wilson, J. M. Hudgins Smith, G. T.

On the motion to reconsider, the ayes were 35, nays 88.

The motion lost.

The following paragraph was read and adopted:
(f) All personal clothing and effects, household furniture, furnishings, equipment and other personal property used within the home, and not held for sale, rental or other commercial use, and tools and implements of trade of manual laborers, but not including motor vehicles, are hereby exempted from all ad valorem taxation for State, county, municipal and school purposes, in the amount of $300.00 in actual value. The General Assembly may from time to time increase said exemption in amount or totally exempt said prop erty from all ad valorem taxation.

The following paragraph was read:

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JOURNAL OF THE HOUSE,

(g) There shall be exempted from all ad valorem taxes except for school purposes, all property held under lease from the State or any instrumentality thereof and located on an island owned by the State and operated by an Authority created by the General Assembly for recreational purposes.

The following amendment was read and adopted:
Twitty of Mitchell moves to amend Committee Substitute to HR 6-1 as follows:
By striking Article 5, Section 1, Paragraph 3 (g) in its entirety and inserting in lieu thereof a new Paragraph 3 (g) to read as follows:
"(g) There is hereby exempted from all ad valorem taxes, ex cept for school purposes, all property and improvements thereon, which property is held under lease from the State or any instru mentality thereof, and which is located on an island owned by the State and operated by an Authority created by the General As sembly."

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

Those voting in the affirmative were Messrs.:

Acree Alien Anderson Andrews Bagby Barber Baughman Beck Bell Blair Blalock, E. Bolton Bowen, A. Bowen, R. L. Bowen, R. W. Brooks, Geo. B. Brown Busbee Bynum Byrd Caldwell Carr Causby

Clark, J. T. Coker, G., Dr. Dennard DeVane Dixon Dorminy Duncan, A. C. Echols Fleming Floyd Fowler, A. A., Jr. Fowler, J. W. Fulford Funk Gibbons Griffin Groover Harrell Henderson Horton Hurst Johnson, A. S., Dr. Jones, F. C.

Jones, M. Jordan, W. H. Kelly Lambert Lee, G. B. Lee, Wm. S. Leonard Mackay Matthews, C. Matthews, D. R. McCracken McKemie Melton Milhollin Mitchell Mixon Moate Morgan, H. Morgan, J. H. Nessmith Newton, A. S. Newton, D. L. Odom

Paris Parker Partridge Peterson Phillips Ponsell Poole Pope Poss Raulerson Reaves Rhodes Richardson Roberts Rodgers, H. B. Rogers, Jimmie

WEDNESDAY, MAY 27,1964
Rowland Scarborough Sewell Shea Shuman Simmons Simpson Sinclair Smith, A. C., Jr. Smith, Chas. C. Smith, E. B., Jr. Smith, G. L. II Smith, R. R. Snow Spikes Steis

459
Story Tabb Todd Tucker, Ray M. Twitty Vaughn Ware Watts Wells, D. W. Wells, H. H. Wiggins Wilkes Williams, G. J. Wilson, Hoke Woodward Hudgins

Those voting in the negative were Messrs.:

Ballard Dean, N. Jordan, J. E. Lowrey

Meeks Milford Moore Roper

Smith, V. T. Walker Williams, W. M.

Those not voting were Messrs.:

Abney Arnsdorff Bedgood Black Blalock, D. B. Bowen, R. P. Brackin Branch Brantley Brooks, Wilson Chandler Clarke, H. G. Coker, R. Conger Conner Cullens Da vis Deen, H. D. Dicus Duncan, J. E. Etheridge Plournoy Flynt Greene Hale Hall

Harrington Harris Herndon Hill House Houston Hull Isenberg Johnson, B. Jones, C. M. Jones, D. C. Keadle Keyton Killian Kirkland Knight, D. W. Knight, W. D. Laite Lane Lee, W. J. (Bill) Lewis Lindsey Logan Lokey McClelland McDonald

Mullis Murphy Overby Pafford Payton Perry Pickard Rainey Russell Rutland Singer Stalnaker Strickland Stuckey Teague Towson Tucker, J. B. Tucker, M. K. Underwood, J. C. Underwood, R. R. Warren Watson White Wilson, J. M. Smith, G. T.

460

JOURNAL OF THE HOUSE,

On the adoption of paragraph 3 (g) as amended, the ayes were 117, nays 11.

The paragraph was adopted as amended.

The following amendment adding a paragraph (h) was read:
Milhollin of Coffee moves to amend Committee Substitute for HR 6-1 as follows:
By adding to Article 5, Section 1, Paragraph 3 a new Subparagraph to be known as Subparagraph (h) to read as follows:
"(h) There is hereby exempted from all ad valorem taxes, all livestock, poultry and bees produced in this State."

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 Causby Dixon Dorminy Herndon Hill Jordan, J. E. Kirkland

Lambert Matthews, D. R. McCracken Milhollin Mixon Nessmith Newton, D. L. Paris

Reaves Rhodes Scarborough Smith, R. R. Williams, G. J. Woodward

Those voting in the negative were Messrs.:

Acree Alien Anderson
Andrews Arnsdorff Bagby Ballard Barber Baughman Beck Bell Black Blair Blalock, E. Bolton Bowen, A.

Bowen, R. L. Bowen, R. W. Brooks, Wilson Brown Busbee Bynum Byrd Chandler Clark, J. T. Clarke, H. G. Coker, G., Dr. Conger Davis Dean, N. Dennard DeVane

Duncan, A. C. Echols Flournoy Floyd Fowler, J. W. Fulford Funk Gibbons Griffin Hale Harrell Harrington Harris Henderson Horton House

WEDNESDAY, MAY 27, 1964

Houston Hurst Isenberg Johnson, A. S., Dr. Johnson, B. Jones, C. M. Jones, M. Jordan, W. H. Keadle Kelly Killian Laite Lee, W. J. (Bill) Lee, Wm. S. Leonard Lewis Lokey Lowrey Mackay McKemie Meeks Melton Milford Mitchell Moate

Moore Morgan, H. Morgan, J. H. Murphy Newton, A. S. Odom Overby Parker Partridge Payton Peterson Ponsell Poole Pope Poss Raulerson Richardson Roberts Rodgers, H. B. Rogers, Jimmie Roper Rowland Sewell Shea Shuman

461
Simmons Sinclair Singer Smith, A. C., Jr. Smith, Chas. C. Smith, E. B., Jr. Smith, V. T. Stalnaker Steis Story Tabb Teague Tucker, J. B. Tucker, Ray M. Vaughn Walker Watts Wells, D. W. Wiggins Williams, W. M. Wilson, Hoke Wilson, J. M. Hudgins

Those not voting were Messrs.:

Bedgood Blalock, D. B. Bowen, R. P. Brackin Branch Brantley Brooks, Geo. B. Caldwell Carr Coker, R. Conner Cullens Deen, H. D. Dicus Duncan, J. E. Etheridge Fleming Plynt Fowler, A. A., Jr. Greene Groover

Hall Hull Jones, D. C. Jones, F. C. Keyton Knight, D. W. Knight, W. D. Lane Lee, G. B. Lindsey Logan Matthews, C.
McClelland McDonald Mullis Pafford Perry Phillips Pickard Rainey Russell

Rutland Simpson Smith, G. L., II Snow Spikes Strickland Stuckey Todd Towson Tucker, M. K. Twitty Underwood, J. C. Underwood, R. R. Ware Warren Watson Wells, H. H. White Wilkes Smith, G. T.

On the adoption of the amendment, the ayes were 22, nays 121. The amendment was lost.

462

JOURNAL OF THE HOUSE,

The following amendment adding a paragraph (h) was read:

Mr. Smith of Habersham moves to amend Com. Sub. to HR 6-1, Article 5, Section 1.

Paragraph 3 by adding at the end thereof a new sub-paragraph (h) which shall read as follows:
(h) All exemptions granted in sub-paragraphs (e) and (f) of same paragraph 3 are hereby extended to apply to the taxing power of municipalities.

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

Those voting in the affirmative were Messrs.: Scarborough, Smith, R. R.

Those voting in the negative were Messrs.:

Acree Alien Anderson Andrews
Arnsdorff Ballard Barber
Baughman Beck Bell Black Blair
Blalock, E. Bolton Bowen, A. Bowen, R. L. Bowen, R. W.
Brooks, Wilson Brown Busbee Bynum Byrd Caldwell Carr Causby Chandler Clark, J. T. Clarke, H. G.

Coker, G., Dr. Conger Davis Dean, N.
Deen, H. D. Dennard Dorminy
Duncan, A. C. Flournoy Fowler, J. W. Fulford Funk
Gibbons Griffin Groover Hale Hall
Harrell Harrington Harris Henderson Herndon Hill Horton House Houston Hurst Isenberg

Johnson, A. S., Dr. Johnson, B. Jones, M. Jordan, W. H.
Keadle Kelly Kirkland
Laite Lambert Lee, W. J. (Bill) Lee, Wm. S. Leonard
Lewis Lokey Lowrey Mackay McCracken
McKemie Meeks Melton Milford Milhollin Mitchell Mixon Morgan, H. Morgan, J. H. Nessmith Newton, A. S.

Newton, D. L. Odom Overby Paris Parker Partridge Perry Peterson Ponsell Poole Pope Raulerson Reaves Rhodes Richardson Roberts Rodgers, H. B.

WEDNESDAY, MAY 27,1964

463

Rogers, Jimmie Rowland Sewell Shea Shuman Simmons Sinclair Singer Smith, A. C., Jr. Smith, Chas. C. Smith, E. B., Jr. Smith, V. T. Spikes Stalnaker Story Tabb Teague

Tucker, J. B. Tucker, Ray M. Twitty Vaughn Walker Warren Watts Wells, D. W. Wells, H. H. Wiggins Williams, G. J. Williams, W. M. Wilson, Hoke Woodward Hudgins

Those not voting were Messrs.:

Abney Bagby Bedgood Blalock, D. B. Bowen, R. P. Brackin Branch Brantley Brooks, Geo. B. Coker, R. Conner Cullens
DeVane
Dicus
Dixon
Duncan, J. E.
Echols
Etheridge
Fleming
Floyd
Flynt
Fowler, A. A., Jr.
Greene
Hull

Jones, C. M. Jones, D. C. Jones, F. C. Jordan, J. E. Keyton Killian Knight, D. W. Knight, W. D. Lane Lee, G. B. Lindsey Logan
Matthews, C. Matthews, D. R.
McClelland
McDonald
Moate
Moore
Mullis
Murphy
Pafford
Payton
Phillips
Pickard

Poss Rainey Roper Russell Rutland Simpson Smith, G. L., II Snow Steis Strickland Stuckey Todd
Towson
Tucker, M. K.
Underwood, J. C.
Underwood, R. R.
Ware
Watson
White
Wilkes
Wilson, J. M.
Smith, G. T.

On the adoption of the amendment, the ayes were 2, nays 133.

The amendment was lost.

464

JOURNAL OF THE HOUSE,

The following paragraph was read:

Paragraph 4. Local Taxation. The General Assembly may author ize any county, or municipal corporation or other political subdivision to exercise the power of taxation for any public purpose as authorized by law or by this Constitution, and unless otherwise provided by this Con stitution or by law no levy need state the particular purposes for which the same was made, nor shall any taxes collected be allocated for any particular purpose, unless expressly so provided by the General Assembly or this Constitution. The General Assembly, however, shall prescribe, by general law only, the kinds of taxes which may be levied for such pur poses and the limitations upon the amount of such taxes.

The following amendment was read:
Bolton of Spalding, Busbee of Dougherty, Andrews of Stephens moves to amend the Committee Substitute to HR 6, as follows:
By renumbering Paragraph 4 of Section 1 of Article 5 as Paragraph 5; and
By inserting between Paragraph 3 and renumbered Paragraph 5 a new paragraph to be numbered Paragraph 4 and to read as follows:
"Paragraph 4. Revocation of Tax Exemptions. All exemptions from taxation heretofore granted in corporate charters are declared to be henceforth null and void."

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

Those voting in the affirmative were Messrs.:

Acree Alien Anderson Andrews Arnsdorff Bagby Barber Baughman Beck Black Blair Blalock, E. Bolton Bowen, A. Bowen, R. W. Brooks, Wilson

Brown Busbee Bynum Byrd Caldwell Causby Chandler Clark, J. T. Clarke, H. G. Coker, G., Dr. Conger Davis Dean, N. Deen, H. D. Dennard DeVane

Dixon Dorminy Duncan, A. C. Echols Flournoy Fowler, A. A., Jr. Fowler, J. W. Fulford Funk Gibbons Greene Hale Harrell Harris Henderson Herndon

WEDNESDAY, MAY 27, 1964

Hill House Houston Isenberg
Johnson, A. S., Dr. Jones, C. M. Jones, F. C. Jones, M. Jordan, J. E. Jordan, W. H. Keadle Kelly Keyton Killian Kirkland Laite Lambert Lee, G. B. Lee, W. J. (Bill) Lee, Wm. S. Leonard Lewis Lokey Lowrey Mackay Matthews, C. Matthews, D. R. McCracken Melton

Milford Milhollin Mitchell Mixon
Morgan, H. Morgan, J. H. Murphy Nessmith Odom Overby Paris Parker Partridge Payton Peterson Ponsell Poole Pope Poss Raulerson Rhodes Richardson Roberts Rodgers, H. B. Rogers, Jimmie Roper Rowland Russell Scarborough

465
Sewell Shuman Simmons Sinclair Singer Smith, A. C., Jr. Smith, Chas. C. Smith, E. B., Jr. Smith, G. L., II Smith, R. R. Smith, V. T. Spikes Steis Story Strickland Tabb Todd Tucker, J. B. Tucker, Ray M. Twitty Vaughn Watts Wells, D. W. Wiggins Williams, G. J. Williams, W. M. Wilson, Hoke Woodward Hudgins

Those voting in the negative were Messrs.: Bell, Meeks, Moore and Shea.

Those not voting were Messrs.:

Abney Ballard Bedgood Blalock, D. B. Bowen, R. L. Bowen, R. P. Brackin Branch Brantley
Brooks, Geo. B. Carr Coker, R. Conner Cullens Dicus
Duncan, J. E. Etheridge Fleming

Floyd Flynt Griffin Groover Hall Harrington Horton Hull Hurst
Johnson, B. Jones, D. C. Knight, D. W. Knight, W. D. Lane Lindsey
Logan McClelland McDonald

McKemie Moate Mullis Newton, A. S. Newton, D. L. Pafford Perry Phillips Pickard
Rainey Reaves Rutland Simpson Snow Stalnaker
Stuckey Teague Towson

466

JOURNAL OF THE HOUSE,

Tucker, M. K. Underwood, J. C. Underwood, R. R. Walker

Ware Warren Waston Wells, H. H.

White Wilkes Wilson, J. M. Smith, G. T.

On the adoption of the amendment, the ayes were 135, nays 4.

The amendment was adopted. Paragraph 4 was adopted as amended. The following amendment was read:

Mr. Groover of Bibb moves to amend paragraph 5 of Section 1 of Article 5 of the Committee substitute to HR 6-1 as follows:
(a) By putting a period after the word constitution where it first appears in the first sentence and by striking the balance of that sentence.
(b) By adding at the end thereof the following:
"The General Assembly shall provide by law for a statement in the levy of the particular purposes for which it is made and the rate for such purpose; and the funds collected from such levy shall be expended only for the purpose and within the limitation stated therein."

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 Acree Alien Anderson Arnsdorff Barber Beck Black Bowen, A. Brooks, Geo. B.

Brooks, Wilson Brown Bynum Caldwell Carr Causby Chandler Coker, G., Dr. Davis Been, H. D.

Dennard DeVane Dixon Dorminy Duncan, A. C. Echols Fowler, A. A., Jr. Fulford Gibbons Groover

WEDNESDAY, MAY 27,1964

Hall Harrington Henderson Herndon Hill Horton House Houston Hurst Johnson, A. S., Dr. Johnson, B. Jones, C. M. Jones, F. C. Jordan, J. E. Jordan, W. H. Keadle Kelly Keyton Kirkland Knight, W. D. Laite Lambert Lee, G. B. Leonard Logan Lowrey Matthews, C.

Matthews, D. E. McCracken McKemie Meeks Milford Milhollin Mixon Moate Morgan, H. Morgan, J. H. Murphy Nessmith Newton, A. S. Odom Overby Paris Parker Partridge Payton Perry Peterson Ponsell Poole Pope Raulerson Reaves Rhodes

467
Roberts Rodgers, H. B. Rowland Russell Sewell Shea Sinclair Singer Smith, E. B., Jr. Snow Stalnaker Story Tabb Todd Tucker, Ray M. Twitty Vaughn Warren Wells, D. W. Wiggins Wilkes Williams, G. J. Williams, W. M. Wilson, J. M. Woodward Hudgins

Those voting in the negative were Messrs.

Andrews Bagby Bell Blair Bolton Bowen, R. W. Busbee Byrd Clark, J. T. Clarke, H. G. Conger Dean, N. Fleming

Flournoy Fowler, J. W. Greene Griffin Hale Harris Jones, M. Killian Lee, Wm. S. Melton Mitchell Newton, D. L. Poss

Rogers, Jimmie Scarborough Simmons Simpson Smith, A. C., Jr. Smith, V. T. Steis Tucker, J. B. Underwood, R. R. Wilson, Hoke

Those not voting were Messrs.:

Ballard Baughman Bedgood Blalock, D. B. Blalock, E. Bowen, R. L.

Bowen, R. P. Brackin Branch Brantley Coker, R. Conner

Cullens Dicus Duncan, J. E. Etheridge Floyd Flynt

468

JOURNAL OF THE HOUSE,

Punk Harrell Hull Isenberg Jones, D. C. Knight, D. W. Lane
Lee, W. J. (Bill) Lewis Lindsey Lokey Mackay McClelland McDonald

Moore Mullis Pafford Phillips Pickard Eainey Richardson Roper Rutland Shuman Smith, Chas. C. Smith, G. L., II Smith, R. R. Spikes

Strickland Stuckey Teague Towson Tucker, M. K. Underwood, J. C. Walker Ware Watson Watts Wells, H. H. White Smith, G. T.

On the adoption of the amendment, the ayes were 110, nays 36.

The amendment was adopted.

Paragraph 5 was adopted as amended.

Messrs. Richardson and Funk of Chatham stated that they would like to be recorded as voting "Aye".

Mr. Bolton of Spalding moved that this House do now adjourn until 9:15 o'clock a.m. and the motion prevailed.

The Speaker announced the House adjourned until 9:15 o'clock a.m. tomorrow morning and HR 6-1 was carried over as unfinished business.

THURSDAY, MAY 28, 1964

469

Representative Hall, Atlanta, Georgia

Tuesday, May 26, 1964

The House met pursuant to adjournment at 9:15 o'clock, A.M., this day and was called to order by the Speaker.

Prayer was offered by Dr. Eugene T. Drinkard, Pastor Glenn Memorial Methodist Church, Atlanta, Ga.

By unanimous consent the call of the roll was dispensed with.

Mr. Clarke of Monroe, Chairman of the Committee on Auditing, Enrolling, Engrossing and Journals reported that the Journal of the previous legislative day had been read and found to be correct.

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

The Journal was confirmed.

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions.
2. First reading and reference of House Bills and Resolutions.
3. 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 of the House was read the first time and referred to the Committee:

HB 63. By Mr. Tucker of Henry:
A Bill to be entitled an Act to amend an Act placing the sheriff, the Clerk of the Superior Court, and the Ordinary of Henry County on a salary basis in lieu of a fee system, so as to change the compensation of the sheriff and chief deputy sheriff of Henry County; and for other purposes.
Referred to the Committee on Local Affairs.

470

JOURNAL OF THE HOUSE,

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

HB 59. By Andrews of Stephens:
A Bill to be entitled an Act to amend an Act incorporating the City of Toccoa so as to provide for the establishment of a Civil Service Board and to designate the qualifications and personnel thereof; and for other purposes.

HR 49-59. By Mr. Vaughn of Rockdale:
A Resolution proposing an amendment to Article VII, Section VI, Para graph I of the Constitution, which authorizes the General Assembly to create the Rockdale County-Conyers Water Authority, so as to re-create the Rockdale County-Conyers Water Authority and to broaden the scope of the powers which the General Assembly may confer upon said Author ity; and for other purposes.

HR 50-59. By Messrs. Harrington and Chandler of Baldwin:
A Resolution proposing an amendment to the Constitution so as to create the City of Milledgeville-Baldwin County Recreation Authority; and for other purposes.

HB 60. By Mr. Baughman of Early:
A Bill to be entitled an Act creating the office of Tax Commissioner of Early County and fixing the compensation of said office so as to increase the compensation of Tax Commissioner; and for other purposes.

HB 61. By Mr. Meeks of Union:
A Bill to be entitled an Act to amend an Act abolishing the offices of Tax Collector and Tax Receiver in Union County, so as to change the salary of the Tax Commissioner; and for other purposes.

HB 62. By Messrs. Ware and Spikes of Troup:
A Bill to be entitled an Act to abolish the justice courts, the offices of justice of the peace, the offices of the notary public ex-officio justice of the peace, the offices of constable in the 655th Militia District of Troup County; and for other purposes.

SB 12. By Senators Kendrick of the 32nd and Yancey of the 33rd:
A Resolution proposing an amendment to the Constitution so as to authorize Cobb County to construct, extend, repair and maintain side walks outside the limits of any incorporated municipality within the county; and for other purposes.

THURSDAY, MAY 28, 1964

471

Mr. Hale of Bade County Chairman of the Committee on Local Affairs sub mitted the following report:

Mr. Speaker:--

Your Committee on Local Affairs has had under consideration the following Bills and Resolutions of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 49. Do Pass. HB 50. Do Pass. HB 51. Do Pass. HB 47. Do Pass. HB 53. Do Pass. HB 54. Do Pass. HB 55. Do Pass. HB 56. Do Pass. HB 57. Do Pass. HB 52. Do Pass By Substitute. HR 48. Do Pass. HR 51. Do Pass. HB 48. Do Pass As Amended.
Respectively submitted, Hale of Dade, Chairman.

The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority, the following Bill of the Senate:
SB 1. By Senators Carlton of the 21st, Webb of the llth, Jackson of the 16th, Gillis of the 20th and Zorn of the 6th: A Bill to provide a comprehensive revision of the election and primary laws and all related laws of this State; and for other purposes.
By unanimous consent, the following Bill of the Senate was read the first time and referred to the Committee:

472

JOURNAL OF THE HOUSE,

SB 13. By Senator Loggins of the 53rd:
A Bill to be entitled an Act to add one additional Judge of the Superior Courts of the Lookout Mountain Judicial Circuit of Georgia; and for other purposes.
Referred to the Committee on Judiciary.

The following Resolutions of the House were read and adopted:

HR 54. By Mr. Knight of Berrien:
A RESOLUTION
Commending Mr. W. H. Powell; and for other purposes.
WHEREAS, Mr. W. H. Powell has been a lifelong resident of Ber rien County; and
WHEREAS, Mr. Powell began his teaching career thirty-seven years ago, in 1927, as an assistant principal with the Nashville School System; and
WHEREAS, twelve years later he was selected as principal of the Nashville High School, a position he filled capably for five years; and
WHEREAS, in 1946 he began the first of two consecutive terms as county school superintendent of Berrien County; and
WHEREAS, for the past twelve years, Mr. Powell has been assis tant principal and teacher of language at Berrien High School, which he established while serving as county school superintendent; and
WHEREAS, Mr. Powell has dedicated all of his adult life to the task of educating the young people of his community and State.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby sincerely commend Mr. W. H. Powell for his long and distinguished career as a devoted educator in the public schools of his community and State.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit an appro priate copy of this Resolution to Mr. W. H. Powell.

HR 55. By Messrs. Clarke of Monroe and House of Bibb:
A RESOLUTION
Relative to the attendance of the National Boy Scouts of America Jamboree by the Central of Georgia Council of the Boy Scouts of Ameri ca; and for other purposes.

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473

WHEREAS, a contingent of Boy Scouts, representing the Central of Georgia Council of the Boy Scouts of America, will attend the National Boy Scouts of America Jamboree at Valley Forge, Pennsylvania, commencing on July 15, 1964; and

WHEREAS, eighteen central Georgia counties will be represented in this contingent; and

WHEREAS, it is the desire of this group that they have a flag of the State of Georgia to use in their processions and ceremonies incidental to said Jamboree; and

WHEREAS, it is desirable that this fine group of young men have at their disposal a symbol of the sovereignty of the State of Georgia.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Secretary of State is hereby author ized and instructed to furnish a flag of the State of Georgia for the use of the Central of Georgia Council of the Boy Scouts of America while they are attending the National Boy Scouts of America Jamboree.

HR 56. By Messrs. Hall of Lee, Black of Webster, and many others:
A RESOLUTION COMMENDING THE HONORABLE ELIJAH LEWIS (TIC) FORRESTER
WHEREAS, the Honorable Elijah Lewis (Tic) Forrester was elected to the 82nd Congress on November 7, 1950, as Representative from the 3rd District of Georgia: and
WHEREAS, the Honorable Elijah Lewis (Tic) Forrester has con tinuously served in the House of Representatives of the Congress of the United States since that date, which service has been with distinction and honor: and
WHEREAS, the said Elijah Lewis (Tic) Forrester has always with honor, vigor and dedication espoused and adhered to the traditional philosophy of Georgia and in so doing has been in the forefront of the battle to preserve States Rights; and
WHEREAS, the Honorable Elijah Lewis (Tic) Forrester is one of the ranking members of the Judiciary Committee of the House of Representatives and in that capacity has made a major contribution to the Judicial System of these United States; and
WHEREAS, in the early part of the year 1964 Congressman For rester, to the disappointment of all of his constituents, announced that he must lay down his mantle of service and would not seek re-election; and

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WHEREAS, the Honorable Elijah Lewis (Tic) Forrester is now hospitalized in Atlanta, Georgia;

NOW, THEREFORE, BE IT RESOLVED by the House of Repre sentatives that we individually and collectively extend to him our best wishes for a speedy and complete recovery and on behalf of Georgians everywhere our thanks for his years of service, dedication and sacrifice.

BE IT FURTHER RESOLVED that the Clerk of the House is au thorized and directed to send a copy of this Resolution with the seal of the House affixed thereto to the Honorable Elijah Lewis (Tic) Forrester.

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

HB 47. By Messrs. Matthews and Newton of Colquitt:
A Bill to be entitled an Act to amend the Charter of the City of Moultrie so as to change the maximum sentence which may be imposed upon an offender against the penal ordinances of the City as related to monetary sentences, and for other purposes.

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

On the passage of the Bill, the ayes were 120, nays 0.

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

HB 49. By Mr. Rhodes of Baker:
A Bill to be entitled an Act to abolish the present mode of compensating the sheriff of Baker County, and for other purposes.

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

On the passage of the Bill, the ayes were 120, nays 0.

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

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475

HB 50. By Mr. Paris of Barrow:
A Bill to be entitled an Act to amend an Act creating a board of com missioners of roads and revenues for Barrow County, so as to change the compensation of the members of the board and the clerk, and for other purposes.

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

On the passage of the Bill, the ayes were 120, nays 0.

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

HB 51. By Mr. Paris of Barrow: A Bill to be entitled an Act to abolish the present method of compensat ing the sheriff, the clerk of the superior court, the ordinary, the tax collector, and the tax receiver of Barrow County, known as the fee system, to provide in lieu thereof annual salaries for such officers, and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 120, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 53. By Mr. Bagby of Paulding: A Bill to be entitled an Act to place the Clerk of the Superior Court, the Sheriff, the Ordinary and the Coroner of Paulding County on a salary basis in lieu of a fee basis, and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 120, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

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HB 54. By Mr. Bagby of Paulding:
A Bill to be entitled an Act to amend an Act creating the office of Commissioner of Roads and Revenue of Paulding County, to change the compensation of the Commissioner, and for other purposes.

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

On the passage of the Bill, the ayes were 120, nays 0.

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

HB 55. By Mr. Bagby of Paulding:
A Bill to be entitled an Act to amend an Act creating the office of Tax Commissioner of Paulding County, so as to change the compensation of the Tax Commissioner, to provide for a clerk, and for other purposes.

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

On the passage of the Bill, the ayes were 120, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 56. By Messrs. Flournoy, Teague and Wilson of Cobb:
A Bill to be entitled an Act to amend an Act incorporating the City of Powder Springs, so as to change the corporate limits of the City of Powder Springs, and for other purposes.

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

On the passage of the Bill, the ayes were 120, nays 0.

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

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477

HB 57. By Messrs. Ware and Spikes of Troup:
A Bill to be entitled an Act to amend the City Charter of the City of Hogansville, so as to authorize the Mayor and Council to levy an ad ditional four mills ad valorem tax for school purposes, and for other purposes.

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

On the passage of the Bill, the ayes were 120, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 52. By Mr. Deen of Bacon: A Bill to be entitled an Act to amend the original charter of the City of Alma, so as to extend the city limits of Alma, and for other purposes.
The following committee substitute was read and adopted:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Alma (formerly the Town of Alma), approved August 21, 1906 (Ga. Laws 1906, p. 496), as amended, particularly by an Act approved August 7, 1918 (Ga, Laws 1918, p. 526), an Act approved March 25, 1958 (Ga. Laws 1958, p. 3378), and an Act approved March 17, 1960 (Ga. Laws 1960, p. 3201), so as to change the corporate limits of the City of Alma; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. An Act creating a new charter for the City of Alma (formerly the Town of Alma), approved August 21, 1906 (Ga. Laws 1906, p. 496), as amended, particularly by an Act approved August 7, 1918 (Ga. Laws 1918, p. 526), an Act approved March 25, 1958 (Ga. Laws 1958, p. 3378), and an Act approved March 17, 1960 (Ga. Laws 1960, p. 3201), is hereby amended by adding a new Section to be known as Section 2B to read as follows:
"Section 2B. In addition to the territory heretofore described as the corporate limits of the City of Alma, the following described property shall likewise be and is hereby included as a part of the corporate limits of the City of Alma:
"All that tract or parcel of land situate, lying and being in Land Lot Number 318 in the Fifth (5th) Land District of Bacon County, Georgia, and being more particularly described as follows:

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"Beginning at a point, said point being the southwest corner of Lot Number 1 of what is known as Lake Lure Subdivision, a copy of said subdivision plat of survey being of record in Plat Book No. 3, page 66 of the records of Bacon County, Georgia, and run ning thence south 1 degree 00 minutes east a distance of 469 feet to a point; running thence in a northwesterly direction along a proposed city limits line 2168 feet to a point, said point being at lands of Mrs. Lou Douglas; running thence north 14 degrees 00 minutes east a distance of 1226 feet to a point, said point being the southwest corner of Lot Number 16 of said Lake Lure Subdivision as aforesaid; running thence along the present city limits line, said line being along the southerly boundary line of Lots Number 16, 15, 14, 13, 12, 11, 10, 9, 8, 7, 6, and 5 and along the westerly boundary of Lots Number 4, 3, 2, and 1 to the point of beginning.

"All according to a Plat of Survey prepared by M. E. Nixon, Bacon County, Surveyor, dated May 15, 1964, same being made a part hereof by reference thereto."

Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

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

On the passage of the Bill by substitute, the ayes were 120, nays 0.

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

HB 48. By Mr. Smith of Forsyth:
A Bill to be entitled an Act to create a board of commissioners of roads and revenues for Forsyth County, Georgia, and for other purposes.

The following committee amendments were read and adopted:
Committee on Local Affairs moves to amend HB 48 by striking Section 16 in its entirety and substituting in lieu thereof the following:
"Section 16. It shall be unlawful for the board to contract with any person or persons related to any member of the board by blood or marriage within the third degree for any equipment, material or supplies or for any work to be done on the public roads, bridges or other works of the county, except when bids are received for equip ment, material or supplies or for work to be done on public roads,

THURSDAY, MAY 28, 1964

479

bridges or other works of the county upon full specifications and due advertisement in regard thereto, and a person so related to any member of the board submits a bid and is the lowest bidder thereof."

Moves to amend HB 48 by striking the word "quarterly" where same appears in the caption and in Section 18. thereof, and insert in lieu thereof, the word "semi-annually".

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

On the passage of the Bill, as amended, the ayes were 120, nays 0.

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

Under the Special and Continuing order of unfinished business, HR 6-1 was again taken up.

The following paragraphs were read and adopted;
SECTION 2
PUBLIC FUNDS
Paragraph 1. (a) State Aid Forbidden. The credit of the State shall not be pledged or loaned to any individual, company, corporation, or association and the State shall not become a joint owner or stockholder in or with any individual, company, association or corporation except as may be otherwise expressly authorized in this Constitution.

The Clerk was directed to correct a typographical error in sub-paragraph (b) changing or before the word religionists, to the word of.
(b) Aid to Churches, Sects Forbidden. Public funds shall not be used, directly or indirectly, in aid of any church, sect, denomination or religionists, or any sectarian institution.
Paragraph 2. Taxing Power and Contributions of Counties, Munici pal Corporations and Political Subdivisions Restricted. Except as may be otherwise expressly permitted by this Constitution, the General As sembly shall not authorize any county, municipal corporation or political subdivision of this State, through taxation, contribution or otherwise, to become a stockholder in any company, corporation, or association, or

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to appropriate monsy for or to lend its credit to any corporation, com pany, association, institution or individual except for purely charitable purposes. This restriction shall not operate to prevent the support of schools by municipal corporations within their respective limits.

The following paragraph was read:
Paragraph 3. Donations and Gratuities. Neither the General Assem bly nor any public corporation, or political subdivision shall grant or authorize the granting of any donation or gratuity in favor of any per son, corporation or association, nor grant or authorize extra compensa tion to any public officer, agent, or contractor, after the service has been rendered or the contract entered into, except that the General Assembly may authorize the grant of scholarship and educational aid and loans in furtherance of health, education and welfare programs.

The following amendment was read and adopted:
Dixon of Ware moves to amend Committee Substitute to HR 6-1 as follows:
By adding to Article 5, Section 2, Paragraph 3 a new paragraph to read as follows:
"The General Assembly is authorized to provide by law for the granting of funds to a county in which is located land belonging to the State consisting of at least 20,000 acres from which such county receives no taxes. The General Assembly is authorized to provide in such law the procedure for determining the amount of funds and all other matters relative to any such grant."

Paragraph 3 was adopted as amended.

The following paragraphs were read and adopted:
Paragraph 4. Profit on Public Money. It shall be unlawful for any public officer or employee, including any member or officer of the Gen eral Assembly, directly or indirectly, to receive any interest, profit or perquisite from the use, loan or disposition of public funds. The General Assembly shall provide appropriate penalties therefor, including dis qualification from holding public office or employment.
Paragraph 5. State Monies to General Fund. Sale of Certain State Properties, Use of Proceeds, (a) All money collected from taxes, fees and assessments for State purposes under laws enacted by the General Assembly shall be paid into the general fund of the State Treasury to be appropriated therefrom solely in the manner required by this Con-

THURSDAY, MAY 28, 1964

481

stitution and to be expended solely for the purposes authorized by this Constitution.

(b) The State shall not sell or lease any real property except as now or hereafter provided by the General Assembly. No State Authority shall sell or lease any real property owned by it except as now or here after provided by the General Assembly. In the event any such sale is authorized, the net proceeds therefrom shall be used for capital outlay purposes only, which shall include the payment of any obligation of the State or any obligation unconditionally guaranteed by the State, or the payment of any obligation of any authority or public corporation the payment of which is secured by a contract with the State or any de partment or agency thereof.

The following paragraph was read:
Paragraph 6. Expenditure of State Funds. Funds paid into the general fund of the State Treasury may be appropriated by the General Assembly for the following public purposes and such other public pur poses as may be authorized by the General Assembly and which are not prohibited by this Constitution:

The following amendment was read and adopted:
Odom of Dougherty and Wilkes of Cook moves to amend committee substitute to HR 6-1, as follows:
By striking from the first paragraph of Article 5, Section 2, Para graph 6, the following: "and such other public purposes as may be au thorized by the General Assembly and which are not prohibited by this Constitution", so that when so amended said first paragraph shall read as follows:
"Paragraph 6. Expenditure of State Funds. Funds paid into the general fund of the State Treasury may be appropriated by the General Assembly for the following public purposes:".
Paragraph 6 was adopted as amended.

The following subparagraphs to Paragraph 6 were read and adopted:
(a) To suppress insurrection, to repel invasion, and defend the State in time of war.
(b) To support the departments, agencies, institutions and adminis tration of government.

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(c) To support public schools, public education, and activities necessary and incidental thereto, including school lunch purposes, as may be determined by the General Assembly.

(d) To pay the principal and the interest on any authorized debt contracted by the State and to provide a sinking fund therefor.

The following paragraph was read:
(e) To construct and improve State-owned buildings and properties, and to construct, maintain or aid in the construction or maintenance of systems of publicly owned highways, streets, sidewalks, bridges, airports, docks; and mass transit systems for transportation of passengers for hire as the General Assembly may consider necessary for the public interest.

The following amendment was read:
Mr. Groover of Bibb moves to amend Paragraph 6 of Section 2 of Article 5 by striking all after the words "docks" in sub-paragraph (e).

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 Acree Alien Anderson Ballard Baughman Black
Bowen, R. L. Brackin Branch
Busbee Bynum
Caldwell Causby Coker, R. Dennard
Dorminy Echols Flynt
Fowler, J. W.

Funk Groover Harrington Herndon Horton Johnson, B. Keadle
Kelly Keyton Kirkland
Knight, W. D. Laite
Lee, G. B. Leonard Lewis Lowrey
Matthews, D. R. McCracken Milford
Mixon

Moore Morgan, J. H. Nessmith Newton, D. L. Pafford Partridge Peterson
Rainey Raulerson Reaves
Rhodes Russell
Sewell Sinclair Smith, Chas. C. Smith, R. R.
Todd Wells, D. W. Wilson, Hoke
Hudgins

THURSDAY, MAY 28, 1964

Those voting in the negative were Messrs.:

Andrews Bagby Barber Bedgood Bell Blair Blalock, D. B. Blalock, E. Bolton Bowen, A. Bowen, R. W. Brooks, Wilson Brown Byrd Clark, J. T. Coker, G., Dr. Conger Cullens Davis Dean, N. Dixon Duncan, A. C. Duncan, J. E. Etheridge Flournoy Floyd Fowler, A. A., Jr. Fulford Gibbons

Greene Hale Harris Henderson House Hurst Isenberg Jones, C. M. Jones, F. C. Jones, M. Jordan, J. E. Jordan, W. H. Killian Lambert Lee, W. J., (Bill) Lee, Wm. S. Mackay Matthews, C. McClelland McKemie Melton Milhollin Mitchell Moate Morgan, H. Murphy Newton, A. S. Overby Paris

483
Phillips Pickard Ponsell Poole Pope Richardson Rogers, Jimmie Rowland Shea Simmons Simpson Smith, A. C., Jr. Smith, E. B., Jr. Smith, G. L., II Snow Steis Story Tabb Tucker, Ray M. Twitty Vaughn Walker Watson Watts Wiggins Williams, G. J. Williams, W. M.

Those not voting were Messrs. :

Arnsdorff Beck Bowen, R. P. Brantley Brooks, Geo. B. Carr Chandler Clarke, H. G. Conner Deen, H. D. DeVane Dicus Fleming Griffin Hall Harrell Hill Houston Hull Johnson, A. S., Dr.

Jones, D. C. Knight, D. W. Lane Lindsey Logan Lokey McDonald Meeks Mullis Odom Parker Payton Perry Poss Roberts Rodgers, H. B. Roper Rutland Scarborough Shuman

Singer Smith, V. T. Spikes Stalnaker Strickland Stuckey Teague Towson Tucker, J. B. Tucker, M. K. Underwood, J. C. Underwood, R. R. Ware Warren Wells, H. H. White Wilkes Wilson, J. M. Woodward Smith, G. T.

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On the adoption of the amendment, the ayes were 60, nays 85.

The amendment was lost.

Sub-paragraph (e) was adopted without an amendment.

Mr. Busbee of Dougherty stated that he would like to be recorded as voting "Nay".

The following paragraphs were read and adopted:
(f) To provide for such programs of public health and welfare as authorized by law.
(g) To advertise and promote the agricultural, industrial, historic, recreational and natural resources of the State.
(h) To provide scholarship and educational aid and loans as an incident of public health, education, and welfare programs authorized by the General Assembly.
(i) To provide insurance and retirement benefits, compensatory in nature, for public officers and employees and public school teachers and personnel, their dependents and survivors, and to make such employercontributions under Federal old-age and social security programs as may be necessary or desirable to "provide coverage and participation therein by the aforesaid employees, their dependents and survivors, as may be authorized by law.
The following paragraph was read:
(j) To make grants to municipal corporations and counties for gen eral or special purposes, as may be authorized by law.
The following amendment was read:
Mr. Groover of Bibb and Mr. Wilkes of Cook move to amend Para graph 6, Section 2 of Article 5 of the Committee Substitute to HR 6-1 as follows:
By deleting therefrom Subparagraph (j) in its entirety.
On the adoption of the amendment, the roll call was ordered and the vote was as follows:

THURSDAY, MAY 28, 1964

Those voting in the affirmative were Messrs.:

Abney Acree Alien Ballard Black Branch Causby Coker, R. Dixon

Fulford Groover Knight, W. D. Lewis McCracken Milford Moate Paris Partridge

485
Raulerson Reaves Roberts Russell Sewell Smith, Chas. C. Smith, R. R. Wilkes

Those voting in the negative were Messrs.:

Anderson Andrews Arnsdorff Bagby Barber Baughman Beck Bedgood Bell Blair Bolton Bowen, A. Bowen, R. W. Brantley Brooks, Wilson Brown Busbee Bynum Byrd Chandler
Clark, J. T.
Conger
Cullens
Davis
Dean, N.
Deen, H. D.
Dorminy
Duncan, J. E.
Echols
Etheridge
Flournoy
Floyd
Fowler, A. A., Jr.
Funk
Gibbons
Greene

Hale Harris Henderson Herndon Horton House Houston Hurst Isenberg Johnson, A. S., Dr. Jones, C. M. Jones, F. C. Jones, M. Jordan, J. E. Jordan, W. H. Kelly Keyton Killian Kirkland Lee, G. B.
Lee, W. J. (Bill)
Lee, Wm. S.
Leonard
Lokey
Lowrey
Matthews, C.
McClelland
Meeks
Milhollin
Mitchell
Mixon
Morgan, H.
Murphy
Nessmith
Newton, A. S.
Newton, D. L.

Overby Parker Perry Peterson Phillips Ponsell Poole Poss Rhodes Richardson Rogers, Jimmie Shea Sinclair Singer Smith, A. C., Jr. Smith, E. B., Jr. Smith, G. L., II Snow Steis Story
Tabb
Teague
Tucker, Ray M.
Twitty
Underwood, J. C.
Underwood, R. R.
Vaughn
Watson
Watts
Wiggins
Williams, G. J.
Williams, W. M.
Woodward
Hudgins

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Those not voting were Messrs.:

Blalock, D. B. Blalock, E.
Bowen, R. L. Bowen, R. P. Brackin Brooks, Geo. B. Caldwell Carr Clarke, H. G. Coker, G., Dr. Conner Dennard DeVane Dicus
Duncan, A. C. Fleming Flynt Fowler Griffin Hall Harrell Harrington Hill
Hull Johnson, B.

Jones, D. C. Keadle
Knight, D. W. Laite Lambert Lane Lindsey Logan Mackay Matthews, D. R. McDonald McKemie Melton Moore
Morgan, J. H. Mullis Odom Pafford Payton Pickard Pope Rainey Rodgers, H. B.
Roper Rowland

Rutland Scarborough
Shuman Simmons Simpson Smith, V. T. Spikes Stalnaker Strickland Stuckey Todd Towson Tucker, J. B. Tucker, M. K.
Walker Ware Warren Wells, D. W. Wells, H. H. White Wilson, Hoke Wilson, J. M. Smith, G. T.

On the adoption of the amendment, the ayes were 26, nays 106.

The amendment was lost.

The following amendment was read:
Mr. Hale of Dade moves to amend Article 5, Section 2 Paragraph 6 (j) as follows:
By striking the last word "law" and inserting in lieu thereof the words "this constitution".

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 Acree Andrews Brackin Causby

Groover Hale Knight, W. D. Leonard McCracken

Meeks Moate Morgan, J. H. Newton, D. L. Partridge

THURSDAY, MAY 28, 1964

487

Ponsell Smith, R. R.

Snow Strickland

Tabb

Those voting in the negative were Messrs.:

Alien Anderson Arnsdorff Bagby
Barber Beck Bedgood Bell Black Blair Blalock, D. B. Bolton Bowen, A. Bowen, R. L. Bowen, R. W. Brantley Brooks, Wilson Brown Busbee Bynum Byrd Chandler Clark, J. T. Clarke, H. G. Cullens Davis Dean, N. Deen, H. D. Dennard Dixon Dorminy Duncan, A. C. Duncan, J. E. Echols Etheridge Flournoy Floyd

Flynt Fowler, A. A., Jr. Fulford Funk Gibbons Greene Harris Henderson Herndon Horton House Houston Isenberg Johnson, A. S., Dr. Jones, C. M. Jones, F. C. Jones, M. Jordan, J. E. Jordan, W. H. Kelly Keyton Killian Kirkland Lambert Lane
Lee, G. B. Lee, Win. S. Lewis Lowrey Matthews, C. McClelland Milhollin Mixon Murphy Nessmith Newton, A. S. Overby

Parker Phillips Pbole Poss Raulerson Reaves Rhodes Richardson Roberts Rogers, Jimmie Russell Sewell
Shea Sinclair Smith, A. C., Jr. Smith, Chas. C. Smith, E. B., Jr. Smith, G. L., II
Spikes Steis Story Teague Tucker, Ray M.
Twitty Underwood, J. C. Underwood, R. R. Vaughn Watson Watts Wiggins Williams, G. J. Williams, W. M. Wilson, Hoke Woodward Hudgins

Those not voting were Messrs.:

Ballard Baughman Blalock, E. Bowen, R. P. Branch Brooks, Geo. B. Caldwell

Carr Coker, G., Dr. Coker, R. Conger Conner DeVane Dicus

Fleming Fowler, J. W. Griffin Hall Harrell Harrington

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JOURNAL OF THE HOUSE,

Hill Hull Hurst Johnson, B. Jones, D. C. Keadle Knight, D. W. Laite Lee, W. J. (Bill) Lindsey Logan Lokey Mackay Matthews, D. R. McDonald McKemie Melton Milford Mitchell

Moore Morgan, H. Mullis Odoni Pafford Paris Payton Perry Peterson Pickard Pope Rainey Rodgers, H. B. Roper Rowland Rutland Scarborough Shuman Simmons

Simpson Singer Smith, V. T. Stalnaker Stuckey Todd Towson Tucker, J. B. Tucker, M. K. Walker Ware Warren Wells, D. W. Wells, H. H. White Wilkes Wilson, J. M. Smith, G. T.

On the adoption of the amendment, the ayes were 20, nays 109.

The amendment was lost.

Mr. Blalock of Coweta stated that he would like to be recorded as voting "Nay".

Sub-paragraph (j) was adopted without an amendment.
The following paragraphs were read and adopted:
Paragraph 7. Expenditure of Funds Raised by Local Taxation. Funds raised by taxation by any county or municipal corporation or any other local unit of government authorized to levy taxes may be expended for any public purpose authorized by this Constitution and such other public purposes as may be authorized by the General Assembly.
Paragraph 8. Promotion, Development and Regulation of Agricul tural Products. The General Assembly may provide for the promotion of the production, marketing, sale, use, quality, quantity, utilization processing and improvement of the agricultural products, livestock and livestock products, poultry and poultry products, timber and timber pro ducts, sea food and sea food products, and the products of the farms, fields, gardens, orchards and forests of this State. The General Assembly may provide for the promotion thereof individually, collectively or in any combination thereof. The General Assembly may provide a means of financing any program of promotion by imposing assessments, fees or

THURSDAY, MAY 28, 1964

489

other charges upon the sale or processing of the affected products, may authorize the acceptance of gifts and donations, and may provide for the disposition of any funds arising under any such program without the necessity of such funds being placed in the State Treasury or being ap propriated by the General Assembly. The General Assembly may pro vide for the supervision of any such program by the Department of Agriculture. The General Assembly may create instrumentalities, public corporations, authorities and commissions to administer such programs. The uniformity requirement of this Constitution shall be satisfied by the application of the program upon the affected products.

The following paragraph was read:
Paragraph 9. Promotion, Development and Regulation of Milk and Dairy Products. The General Assembly is hereby authorized to provide by law and delegate its powers with respect to the promotion, develop ment and regulation of the production, marketing, sale, price, use, quality, quantity, utilization, processing and improvement of milk and dairy pro ducts, at all levels.

The following amendment was read:
Shea of Chatham moves to amend Committee Substitute to HR 6-1 as follows:
By striking Article 5, Section 2, Paragraph 9 in its entirety and inserting in lieu thereof a new Paragraph 9 to read as follows:
"Paragraph 9. Promotion, Development and Regulation of Milk and Dairy Products. The General Assembly is hereby authorized to provide by law for the promotion, development and regulation of the production, marketing, sale, use, quality, quantity, utilization, processing and improvement of milk and dairy products."

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

Those voting in the affirmative were Messrs.:

Duncan, A. C. Lee, Wm. S.

Mitchell Odom

Richardson Shea

Those voting in the negative were Messrs.:

Abney Acree Alien Anderson Andrews

Arnsdorff Ballard Barber Baughman Beck

Blair Blalock, D. B. Blalock, E. Bowen, A. Bowen, R. L.

490

JOURNAL OF THE HOUSE,

Bowen, R. W. Brackin
Branch Brooks, Geo. B. Brown Bynum Byrd Carr Causby Clarke, H. G. Coker, G., Dr. Coker, R. Conner Cullens Davis Dean, N. Deen, H. D. Dennard DeVane Dorminy Duncan, J. E. Flynt Fowler, J. W. Gibbons Greene
Hale Harrington Henderson Herndon Horton Houston Hurst Johnson, A. S., Dr. Johnson, B. Jones, F. C. Jordan, J. E. Jordan, W. H.

Keadle Kelly Keyton Kirkland Knight, W. D. Lambert Lane Lee, G. B. Lee, W. J., (Bill) Leonard Lewis Lokey Lowrey Mackay Matthews, D. R. McCracken McKemie Melton Milhollin Mixon Moore Morgan, H. Morgan, J. H. Nessmith Newton, A. S. Newton, D. L. Overby Pafford Paris Parker Partridge Payton Perry Peterson Ponsell Pope Poss

Raulerson Reaves Rhodes Roberts Roper Rowland Russell Scarborough Sewell Simmons Sinclair Smith, E. B., Jr. Smith, G. L., II Smith, R. R. Smith, V. T. Snow Stalnaker Story Strickland Tabb Todd Tucker, Ray M. Twitty Underwood, J. C. Vaughn Ware Watson Watts Wells, H. H. Wiggins Wilkes Williams, G. J. Williams, W. M. Woodward Hudgins

Those not voting were Messrs.:

Bagby Bedgood Bell Black Bolton Bowen, R. P. Brantley Brooks, Wilson
Busbee Caldwell Chandler Clark, J. T. Conger

Dicus Dixon Echols Etheridge Fleming Flournoy Floyd Fowler, A. A., Jr. Fulford Funk Griffin Groover Hall

Harrell Harris Hill House Hull Isenberg Jones, C. M. Jons, D. C. Jones, M. Killian Knight, D. W.
Laite Lindsey

Logan Matthews, C. McClelland McDonald Meeks Milford Moate Mullis Murphy Phillips Pickard Poole

THURSDAY, MAY 28, 1964
Rainey Rodgers, H. B. Rogers, Jimmie Rutland Shuman Simpson Singer Smith, A. C., Jr. Smith, Chas. C. Spikes Steis Stuckey

491
Teague Towson Tucker, J. B. Tucker, M. K. Underwood, R. R. Walker Warren Wells, D. W. White Wilson, Hoke Wilson, J. M. Smith, G. T.

On the adoption of the amendment, the ayes were 6, nays 124.

The amendment was lost.
Mr. Hill of Meriwether stated that he was called from the Hall of the House to confer with constituents at the time the roll was called but had he been present he would have voted "Nay".
The following amendment was read:

Mr. Groover of Bibb moves to amend Paragraph 9 of Section 2 of Article 5 of the Committee substitute to HR 6-1 by adding at the end thereof the following:
"except price at retail".

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

Those voting in the affirmative were Messrs.:

Andrews Arnsdorff Beck Bell Black Blair Blalock, D. B.

Bolton Branch Brooks, Geo. B. Brooks, Wilson Brown Busbee Bynum

Byrd Caldwell Chandler Clark, J. T. Conger Cullens Davis

492

JOURNAL OF THE HOUSE,

DeVane Duncan, A. C. Duncan, J. E. Echols Etheridge Fowler, A. A., Jr. Fulford Gibbons Greene Groover Hale Henderson House Houston Hull Hurst Isenberg Jones, M. Jordan, J. E. Jordan, W. H. Kelly Killian Kirkland Lambert Lee, G. B.

Lee, W. J., (Bill) Lee, Wm. S. Leonard Lewis Lokey Lowrey Matthews, C. Matthews, D. R. Melton Mitchell Moore Morgan, J. H. Murphy Nessmith Newton, A. S. Newton, D. L. Odom Paris Parker Partridge Pay ton Phillips Rhodes Richardson Rodgers, H. B.

Scarborough Sewell Shea Simmons Singer Smith, G. L., II Smith, V. T. Spikes Stalnaker Steis Tabb Tucker, J. B. Tucker, Ray M. Twitty Underwood, J. C. Vaughn Walker Ware Wells, H. H. Wiggins Williams, G. J. Wilson, Hoke Hudgins

Those voting in the negative were Messrs.:

Abney Acree Alien Anderson Bagby Ballard Barber Bowen, A. Bowen, R. L. Bowen, R. W. Brackin Carr Causby Clarke, H. G. Coker, G., Dr. Dean, N. Deen, H. D. Dennard Dorminy Fleming Floyd

Flynt Fowler, J. W. Griffin Hall Harrington Herndon Horton Johnson, A. S., Dr. Johnson, B. Jones, C. M. Jones, F. C. Keadle Keyton Mackay McCracken McKemie Milford Milhollin Mixon Moate Overby

Peterson Ponsell Pope Poss Rainey Raulerson Reaves Rowland Russell Sinclair Smith, A. C., Jr. Smith, E. B., Jr. Smith, R. R. Snow Story Todd Watson Williams, W. M. Woodward

THURSDAY, MAY 28, 1964

Those not voting were Messrs.:

Baughman Bedgood Blalock, E. Bowen, R. P. Brantley Coker, R. Conner Dicus Dixon Flournoy Funk Harrell Harris Hill Jones, D. C. Knight, D. W. Knight, W. D.

Laite Lane Lindsey Logan McClelland McDonald Meeks Morgan, H. Mullis Pafford Perry Pickard Poole Roberts Rogers, Jimmie Roper Rutland

493
Shuman Simpson Smith, Chas. C. Strickland Stuckey Teague Towson Tucker, M. K. Underwood, R. R. Warren Watts Wells, D. W. White Wilkes Wilson, J. M. Smith, G. T.

Mr. Hill of Meriwether stated that he was called from the Hall of the House to confer with constituents at the time the roll was called but had he been present he would have voted "Aye".

On the adoption of the amendment, the ayes were 94, nays 61.

The amendment was adopted.

Messrs. Poole of Pickens and Morgan of Newton stated that they were called from the hall of the House to confer with constituents at the time the roll was called but had they been present they would have voted "Aye".

Mr. Conner of Jeff Davis stated that he would like to be recorded as voting "Nay".

Paragraph 9 was adopted as amended.
The following amendment adding a Paragraph 10 was read: Fleming of Richmond moves to amend the Committee Substitute to
HR 6-1 as follows: By adding to Article 5 Section 2 a new Paragraph to be known as
Paragraph 10, which shall read as follows:

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CREATION OF OIL AND GAS BOARD

Paragraph 10. Oil and Gas Board created. There is hereby created a constitutional board to be known as the Georgia Oil and Gas Board. The Board shall be composed of five members from the State at large to be appointed by the Governor and confirmed by the Senate. The mem bers of said Board shall be appointed for a term of seven years and until their successors are duly appointed and qualified. In the event a vacancy occurs, an appointment to fill such vacancy shall be made for the unexpired term. Any appointment made while the Senate is in regular ses sion shall be presented to the Senate for confirmation and any appoint ment made while the Senate is not in regular session shall be presented to the next regular session of the Senate. The Governor shall not be a member of the Board. The first members of said Board shall be appointed by the Governor not later than January 15, 1965. The General Assembly shall provide for the qualifications of and the compensation to be receiv ed by the members of the Board.

"Paragraph 11. Powers and Duties of the Board. The Georgia Oil and Gas Board shall have exclusive control over the production and sale of any and all natural oil, gas, and other such natural hydrocarbon products, produced in the State of Georgia. The Board shall also have exclusive control and jurisdiction over the leasing of any and all State properties to any person or persons desirous of producing natural oil, gas and other such natural hydrocarbon pro ducts from said properties; provided, however, that no lease shall be executed unless there is reserved to the State of Georgia at least a one-eight ( Va ) interest in all mineral, oil, or gas deposits contained in or under such properties. The Board shall have such other juris diction, powers and duties as the General Assembly may by law prescribe."

By renumbering present Articles 9 and 10 as Articles 10 and 11.

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

Those voting in the affirmative were Messrs.:

Acree Anderson Brantley Bynum Causby DeVane Dixon Fleming Gibbons Horton Houston Hull

Isenberg Jones, M. Kelly Killian Lane Matthews, C. McCracken Morgan, J. H. Nessmith Newton, D. L. Paris Phillips

Poss Raulerson Reaves Roper Rowland Scarborough Steis Strickland Tucker, J. B. Warren Wilkes

THURSDAY, MAY 28, 1964

Those voting in the negative were Messrs.:

Alien Andrews Arnsdorff Barber Beck Black Blair Blalock, D. B. Blalock, E. Bolton Bowen, A. Bowen, R. W. Brackin Brooks, Wilson Busbee Byrd Chandler Coker, G., Dr. Dean, N. Dorminy Duncan, A. C. Duncan, J. E. Flournoy Floyd Fowler, J. W. Fulford Funk Hale Harrell

Harris Henderson Herndon House Hurst Jones, F. C. Jordan, J. E. Jordan, W. H. Keadle Lambert Lee, W. J., (Bill) Lee, Wm. S. Leonard Lewis Lokey Lowrey Mackay McClelland McKemie Milford Milhollin Mitchell Mixon Moore Newton, A. S. Overby Parker Partridge Payton

495
Perry Ponsell Poole Pope Richardson Roberts Sewell Shea Sinclair Singer Smith, E. B., Jr. Smith, R. R. Smith, V. T. Spikes Story Tabb Tucker, Ray M. Vaughn Walker Ware Watson Watts Wells, D. W. Wells, H. H. Wiggins Williams, G. J. Williams, W. M. Wilson, Hoke Hudgins

Those not voting were Messrs.:

Abney Bagby Ballard Baughman Bedgood Bell Bowen, R. L. Bowen, R. P. Branch Brooks, Geo. B. Brown Caldwell Carr Clark, J. T. Clarke, H. G. Coker, R. Conger Conner Cullens

Davis Deen, H. D. Dennard Dicus Echols Etheridge Flynt Fowler, A. A., Jr. Greene Griffin Groover Hall Harrington Hill Johnson, A. S., Dr. Johnson, B. Jones, C. M. Jones, D. C. Keyton

Kirkland Knight, D. W. Knight, W. D. Laite Lee, G. B. Lindsey Logan Matthews, D. R. McDonald Meeks Melton Moate Morgan, H. Mullis Murphy Odom Pafford Peterson Pickard

496
Rainey Rhodes Rodgers, H. B. Rogers, Jimmie Russell Rutland Shuman Simmons Simpson

JOURNAL OP THE HOUSE,

Smith, A. C., Jr. Smith, Chas. C. Smith, G. L., II Snow Stalnaker Stuckey Teague Todd Towson

Tucker, M. K. Twitty Underwood, J. C. Underwood, R. R. White Wilson, J. M. Woodward Smith, G. T.

On the adoption of the amendment, the ayes were 35, nays 87.

The amendment was lost.

The following paragraphs were read and adopted:
SECTION 3
PUBLIC DEBT
Paragraph 1. State Debt.
(a) Purposes for Which Created. No debt shall be contracted by, or on behalf of the State, except: contracts by the State, or any department or agency of the State, the execution of which is authorized in Para graph 3 of this Section; loans made to supply such temporary deficit as may exist in the treasury in any year; and debts incurred to repel in vasion, suppress insurrection and defend the State in time of war, or to pay the existing public debt. No loan made to supply a temporary de ficit may be made when there is a loan then unpaid which was made in a prior fiscal year for that purpose. The State is hereby authorized to guarantee payment unconditionally of any obligation hereafter issued by any authority or public corporation activated prior to January 1,1961, the payment of which is secured by any contract with the State, or any department, or agency of the State, the execution of which contract is authorized in this Constitution; and to guarantee payment uncondition ally of student loans for higher education under programs authorized by the General Assembly.
(b) State Sinking Funds. In the event the State shall incur any bonded indebtedness under the provisions of this Constitution, the Genral Assembly, at or before the time of so doing, shall provide for the as sessment and collection annually of a tax sufficient in amount to pay the principal of and the interest on said indebtedness within thirty years from the date of incurring such indebtedness. All amounts collected from any source for the purpose of paying said indebtedness shall be placed in a sinking fund separate and apart from other funds of the State and shall be held and used solely for the purpose of paying said indebtedness.

THURSDAY, MAY 28, 1964

497

Moneys in the sinking fund may be invested and reinvested in obligations of the United States of America or obligations the payment of which is unconditionally guaranteed by the United States of America.

(c) Assumption of Debts Forbidden. The State shall not assume the debt, nor any part thereof, of any county, municipal corporation or other political subdivision of this State unless such debt be contracted to enable the State to repel invasion, suppress insurrection or defend itself in time of war.

Paragraph 2. Local Debt.

(a) Debts of Counties, Municipalities and School Districts. The debt of any county, municipal corporation, county school district, area school district or other political subdivisions, except for contracts au thorized in Paragraph 3 hereof, and as in the Constitution otherwise provided for, shall never exceed seven per centum in the case of any county,, municipal corporation or other political subdivision, or ten per centum in the ease of county school districts or area school districts, of the assessed value of all the taxable property therein, and no such county, municipal corporation, county school district or area school district or other political subdivision shall incur any new debt including the additional debt authorized in subparagraph (b) of this Paragraph, except for a temporary loan as provided for in this Constitution and except for debts created for the purpose of paying, in whole or in part, the cost of property valuation and equalization pro grams for ad valorem tax purposes, without the assent of a majority of the qualified voters thereof voting in an election for that purpose held as prescribed by law. Registration of voters for any such election shall be as provided for general elections and the General Assembly shall have no power to provide any form of special registration of voters for any such election. In computing the applicable percentage limitation the amount of any money in a sinking fund irrevocably pledged to the pay ment thereof may be deducted from outstanding indebtedness.

Any county, municipal corporation, county school district, area school district or other political subdivision may accept and use funds provided by the Federal Government, or any agency thereof, to aid in financing the cost of studies, plans, surveys and investigations and other action preliminary to the construction of public works, and where the funds so used are to be repaid within a period of ten years such an agreement shall not be considered a debt within the limitation set forth in the preceding paragraph.

Debts created for property valuation and equalization programs shall not be included in the limitation^ established in the preceding pro vision of this paragraph and debt created for such purposes may be in curred without an election but the same must be repaid in equal annual installments within not more than seven years from the date of its crea tion and the interest payable thereon shall not exceed five per centum per annum; provided, however, no such debt may be incurred until such program and all contracts to be entered into in connection therewith shall have been approved by the State Revenue Commissioner and an

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agreement shall have been entered into with such Commissioner that such program shall be carried out in accordance with such Commissioner's rules and regulations.

(b) Additional Debt Authorized. In addition to the debt permitted up to the limits imposed by subparagraph (a) of this paragraph, a debt may be incurred by any county, municipal corporation, county school district, area school district or other political subdivision up to an ad ditional three per centum in the aggregate of the assessed value of all the taxable property therein, provided that such additional debt in each instance shall be repaid in equal annual installments within not more than five years after such debt was incurred. Any such additional in debtedness shall have first been authorized in an election as provided in subparagraph (a) of this paragraph.

(c) Refunding Bonds. Any county, municipal corporation, county school district, area school district or other political subdivision shall have the right to issue bonds without an election to refund any outstand ing bonded indebtedness provided that the issuance of such refunding bonds is solely to refinance an existing indebtedness for the purpose of curing or preventing a default or the issuance of the refunding bonds will reduce the total combined principal and interest payable on such out standing bonds. The total principal amount of such refunding bonds shall not exceed the total principal amount of the bonds being refunded.

(d) Sinking Funds for Bonds. All amounts collected from any source for the purpose of paying the principal of or the interest on any bonded indebtedness of any county, municipal corporation, county school district, area school district or other political subdivision shall be placed in a sinking fund separate and apart from all other moneys of such county, municipal corporation, county school district, area school district or other political subdivision and shall be used solely for the purpose of paying such indebtedness.

(e) Sinking Fund Investments. The moneys in any such sinking fund shall be invested and reinvested by or at the direction of the governing authorities of such county, municipal corporation, county school district, area school district or other political subdivision in obliga tions of, or unconditionally guaranteed by, the United States Govern ment; in obligations of the State of Georgia; in obligations of any au thority or public corporation, the payment of which is unconditionally guaranteed by the State of Georgia, or the payment of which is secured by a contract the execution of which is authorized by this Constitution with the State, or any department or agency of the State; and in direct general obligation bonds, which have been validated as provided by law, or any county, municipal corporation, county school district, area school
district or other political subdivision of this State.

(f) Temporary Loans. In addition to the other indebtedness per mitted by this Constitution, any county, municipal corporation, county school district, area school district or other political subdivision is hereby authorized to make temporary loans between January 1st and December 31st in each year to pay expenses for such year and may issue promis-

THURSDAY, MAY 28, 1964

499

sory notes or tax anticipation certificates to evidence any such indebted ness and taxes anticipated to be collected may be pledged and incumbered and a lien created thereon as security for the payment of such promis sory notes or of such tax anticipation certificates provided that the ag gregate of all such indebtedness outstanding shall not exceed seventyfive per centum of the total gross income received by such county, mu nicipal corporation, county school district, area school district or political subdivision from taxes collected or received in the last preceding year and all such indebtedness shall be payable on or before December 31st of the calendar year in which such loan is made. No election shall be required to authorize any such indebtedness and the same shall not be considered in determining any debt limitation provided for in this Con stitution. No such temporary loan may be made in any year when there is a temporary loan then unpaid which was made in a prior year. No such county, municipal corporation, county school district, area school district or political subdivision shall incur in any one year an aggregate of such temporary loans and other contracts or obligations for current expenses in excess of the total anticipated revenue for such calendar year.

(g) Levy of Taxes to Pay Indebtedness. Any county, municipal cor poration or other political subdivision which shall incur any indebtedness, including indebtedness incurred for property valuation and equalization programs, shall, at or before the time of so doing, provide for the assessment and collection of an annual tax sufficient in amount to pay the principal of and the interest on said indebtedness within thirty years from the date the same was incurred or such shorter period as may be specified in this Constitution for the repayment of a particular class of indebtedness, and shall have the right to levy ad valorem taxes without limitation as to rate or amount and shall be required to levy taxes to the extent necessary for such purpose. Any such taxes shall be in addiition to and separate and apart from any other taxes levied or imposed for other than debt retirement and may be used only for the purpose for which the same were levied.

The following paragraph was read:
(h) Revenue Obligations. Any county, municipal corporation, public corporation, authority or political subdivision may issue revenue obliga tions to provide funds to pay the cost, in whole or in part, of acquiring, constructing, extending or improving any public property or facility, including roads, tunnels, bridges, airports, harbor facilities, water, sewerage and garbage collection, treatment and disposal systems, gas and electric systems (including dams, reservoirs, generating stations and the like), recreational, amusement, educational and exhibition facili ties, beach erosion protection systems, public parking buildings and facilities (including parking meters), public facilities for the transpor tation of passengers for hire and for such other kinds of public property and facilities as may be authorized by the General Assembly. Such obli gations shall be payable, as to principal and interest, solely from reve nues produced from public property or facilities and pledged to the pay ment thereof and shall not be deemed to be debts of, or to create debts against the issuer within the meaning of any provision of this Con-

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stitution and any revenues other than taxes may be pledged to the pay ment of such obligations though such revenues are to be received from property other than that being acquired, constructed or improved; provided, however, before any such obligations may be issued for the purpose of buying, constructing, extending, improving, equipping, oper ating or maintaining gas or electric generating and distribution systems the same shall first be authorized by a majority of those voting at an election held for that purpose in the county, municipal corporation or political subdivision affected, and provided further that a majority of the registered voters thereof shall vote in said election. Such election shall be held in the same manner as elections to authorize the incurring of indebtedness as provided in subparagraph (a) of this paragraph, but no election shall be required to authorize the issuance of any obliga tions, the proceeds of which shall be used solely for the purpose of re funding outstanding obligations. Provided that after a favorable elec tion has been held as set forth above, if municipalities, counties or other political subdivisions, shall purchase, construct, or operate such electric or gas utility plants from the proceeds of said revenue certificates, and extend their services beyond the limits of the county in which the mu nicipality or political subdivision is located, unless such service is merely incidental to its transmission lines, then its services rendered and prop erty located outside said county shall be subject to taxation and regulaation as are privately owned and operated utilities.

No issuer shall exercise the power of taxation for the purpose of paying the principal of or the interest on any such obligations.

The following amendments were read and adopted:
Mr. Bolton of Spalding moves to amend Com. Sub. for HR 6-1 as follows:
By striking from Article 5 Section 3 Paragraph 2 (h) the words "public facilities for the transportation of passengers for hire" and substituting in lieu thereof the words "public facilities for mass transit systems for the transportation of passengers for hire".
Mr. Hale of Bade moves to amend Article 5, Section 3, Paragraph 2 (h) by adding the words 'or counties' after the word county in the 6th line from the top on page 63, and by adding the words "or counties" in the 9th line on page 63.
Mr. Mitchell of Whitfield moves to amend Article 5 Section 3 para graph 2 (h) by adding the next to last sentence after the word taxation the following:
"with the exception of their transmission lines."

Paragraph 2 (h) was adopted as amended.

THURSDAY, MAY 28, 1964

501

The following paragraphs were read and adopted:

(i) The General Assembly may authorize the issuance of revenue obligations by counties, municipal corporations, political subdivisions or authorities or public corporations enabled or created by it to finance the cost of land, buildings, facilities, machinery or equipment to be sold to or leased by private businesses in the establishment of a new plant or in the expansion of an existing facility, and the General Assembly may further authorize the levy of taxes by any such county, municipal cor poration or political subdivision for industrial development purposes as may be defined by law except for the repayment of any obligation in curred by any such county, municipal corporation or political subdivi sion, authority or public corporation contracting therewith, for industrial development purposes, provided such levy shall not exceed two mills annually.

Paragraph 3. Intergovernmental Contracts.

(a) The State or any department or agency thereof, any county, municipal corporation, political subdivision, public agency, public cor poration or authority now or hereafter created may contract for any period, not exceeding fifty years, with each other for the use by any of the aforesaid or the residents thereof of any facilities owned or to be acquired or any services to be rendered by any of the aforesaid and may contract for such period with the United States Government or any department or agency thereof. Such contracts, to be lawful, must deal with such activities and transactions as the aforesaid are by law authorized to undertake; but such contracts shall not be rendered un lawful by virtue of the fact that a partial or complete delegation of au thority is involved. Any such contracting party having the power to levy taxes may provide for the payment of its obligations incurred by virtue of such contract by levying taxes to the extent necessary for that pur pose or by applying taxes or revenues derived from any other source.

(b) Any party to any contract authorized by the preceding subparagraph is empowered to convey to any other party to such contract real and personal property, provided the property so conveyed is to be maintained and operated for the same purpose for which the contract was executed and is not to be mortgaged or pledged but the revenues to be derived therefrom may be pledged.

(c) Any county, municipal corporation or political subdivision may contract with any public agency, public corporation or authority for the care, treatment, maintenance and hospitalization for its indigent and obligate itself to pay for the cost of acquiring, constructing, moderniza tion or repairing of buildings and facilities necessary to render the aforesaid services to its indigent and other persons desiring similar services and in addition to pay the cost of operating and maintaining such buildings and facilities and the cost of rendering of such services to its indigent and may pay the cost of the obligation so assumed by levying taxes to the extent necessary for that purpose or applying taxes or revenues derived from any other source.

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The following amendment was read and adopted:

Mr. Wilkes of Cook and Groover of Bibb move to amend Paragraph 1 Section 1 of Article 5 of the Com. Sub. to HR 6-1 as follows:

By striking from sub-paragraph (a) the first sentence thereof and inserting in lieu thereof the following:

"The power of taxation shall remain at all times under the con trol of the people to be exercised by them through the General As sembly to provide funds for purposes for which the General Assem bly may appropriate money as specified in this Constitution."

Article 5 Section 1 Paragraph 1 (a) was adopted as amended.

Mr. Laite of Bibb moves that the House reconsider its action in adopting Article 5 Section 1 Paragraph 3 (e).

On the motion to reconsider, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Acree Alien Anderson Andrews
Bagby Ballard Barber Baughman Beck Bedgood Bell Black Blair Blalock, D. B. Bolton Bowen, A. Bowen, R. W. Brackin Branch Brooks, Geo. B. Brown Bynum Byrd Caldwell Causby Chandler

Coker, G., Dr. Conger Davis Dean, N. Deen, H. D. Dixon Dorminy Duncan, A. C. Duncan, J. E. Echols Fleming Ployd Fulford Gibbons Greene Griffin Harrington Harris Henderson Horton House Houston Hull Hurst Isenberg Jones, C. M.

Jones, M. Kelly Killian Kirkland Laite Lee, Wm. S. Lewis Lowrey Mackay Matthews, C. McCracken McKemie Meeks Milhollin Mixon Moore Morgan, J. H. Murphy Newton, A. S. Newton, D. L. Odom Overby Parker Partridge Payton Perry

Peterson Phillips Pickard Ponsell Poole Pope Raulerson Reaves Rhodes Roberts Roper Rowland Scarborough

THURSDAY, MAY 28, 1964
Sewell Shea Simmons Sinclair Singer Smith, E. B., Jr. Smith, G. L. II Smith, R. R. Smith, V. T. Spikes Steis Strickland Tucker, M. K.

503
Tucker, Ray M. Underwood, R. R. Walker Ware Warren Watson Watts Wells, H. H. Wiggins Williams, G. J. Wilson, Hoke Hudgins

Those voting in the negative were Messrs.:

Blalock, E. Flournoy Jordan, J. E.

Jordan, W. H. Knight, W. D. Lambert

Morgan, H. Story

Those not voting were Messrs.:

Abney Arnsdorff Bowen, R. L. Bowen, R. P. Brantley Brooks, Wilson Busbee Carr Clark, J. T. Clarke, H. G. Coker, R. Conner Cullens Dennard DeVane Dicus Etheridge Flynt Fowler, A. A. Jr. Fowler, J. W. Funk
Groover Hale Hall Harrell Herndon Hill Johnson, A. S. Dr.

Johnson, B. Jones, D. C. Jones, F. C. Keadle Keyton Knight, D. W. Lane Lee, G. B. Lee, W. J. (Bill) Leonard Lindsey Logan Lokey Matthews, D. R. McClelland McDonald Melton Milford Mitchell Moate Mullis Nessmith Pafford Paris Poss Rainey Richardson Rodgers, H. B.

Rogers, Jimmie Russell Rutland Shuman Simpson Smith, A. C., Jr. Smith, Chas. C. Snow Stalnaker Stuckey Tabb Teague Todd Towson Tucker, J. B. Twitty Underwood, J. C. Vaughn Wells, D. W. White Wilkes Williams, W. M. Wilson, J. M. Woodward Smith, G. T.

On the motion to reconsider, the ayes were 116, nays 8.

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The motion prevailed and the House has reconsidered.

Article 5 Section 1 Paragraph 1 (b) was again taken up.

The following amendment was read:
Mr. Ballard of Newton moves to amend Article 5 Section 1 Para graph 1 (b) by striking the words "said provision" after the word provided.

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 Ballard

Matthews, C. Morgan, J. H.

Smith, R. R. Warren

Those voting in the negative were Messrs.:

Acree Alien Anderson Andrews Arnsdorff Barber Baughman Beck Bedgood Black Blair Blalock, D. B. Blalock, E. Bolton Bowen, R. W. Brackin Branch Brantley Brooks, Wilson Brown Busbee Byrd Causby Chandler Clarke, H. G. Coker, G., Dr. Cullens

Deen, H. D. DeVane Dorminy Duncan, A. C. Duncan, J. E. Echols Fleming Flournoy Flynt Fowler, A. A. Jr. Gibbons Greene Groover Hale Harrell Harrington Harris Henderson Herndon Horton House Houston Hurst Isenberg Johnson, A. S. Dr. Jones, F. C. Jones, M.

Jordan, J. E. Jordan, W. H. Kelly Keyton Knight, W. D. Lambert Lane Lee, G. B. Lee, W. J. (Bill) Lee, Wm. S. Lewis Lokey Lowrey Mackay McCracken McKemie Milhollin Mitchell Mixon Moore Murphy Nessmith Newton, A. S. Newton, D. L. Overby Parker Partridge

Payton Perry Peterson Phillips Pickard Ponsell Poole Pope Raulerson Reaves Rhodes Richardson Roberts Rowland Russell

THURSDAY, MAY 28, 1964
Scarborough Sewell Shea Simmons Simpson Sinclair Singer Smith, E. B., Jr. Smith, G. L. II Smith, V. T. Spikes Stalnaker Steis Story Tabb

505
Teague Tucker, Ray M. Twitty Underwood, J. C. Vaughn Walker Ware Watson Wiggins Williams, G. J. Williams, W. M. Wilson, Hoke Hudgins

Those not voting were Messrs.:

Bagby Bell Bowen, A. Bowen, R. L. Bowen, R. P. Brooks, Geo. B. Bynum Caldwell Carr Clark, J. T. Coker, R. Conger Conner Davis Dean, N. Dennard Dicus Dixon Etheridge Ployd Fowler, J. W. Fulford Funk Griffin Hall

Hill Hull Johnson, B. Jones, C. M. Jones, D. C. Keadle Killian Kirkland Knight, D. W. Laite Leonard Lindsey Logan Matthews, D. R. McClelland McDonald Meeks Melton Milford Moate Morgan, H. Mullis Odom Pafford Paris

Poss Rainey Rodgers, H. B. Rogers, Jimmie Roper Rutland Shuman Smith, A. C., Jr. Smith, Chas. C. Snow Strickland Stuckey Todd Towson Tucker, J. B. Tucker, M. K. Underwood, R. R. Watts Wells, D. W. Wells, H. H. White Wilkes Wilson, J. M. Woodward Smith, G. T.

On the adoption of the amendment, the ayes were 6, nays 124.

The amendment was lost.

The following amendment was read:
Mr. Mixon of Irwin moves to amend Article 5, Section 1 Paragraph 1 (b) by changing the period at the end of said paragraph and adding

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a comma and the following language "but no such occupational tax or license fee shall be levied against forming operations."

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 Acree Alien Arnsdorff
Bagby Ballard Barber Baughman Beck Black Bowen, A. Bowen, R. W. Branch Brantley Brooks, Geo. B. Brown Bynum Byrd Causby Clarke, H. G. Coker, G., Dr. Coker, R. Deen, H. D. DeVane Dixon Dorminy Duncan, A. C. Duncan, J. E. Flournoy Fowler, J. W. Fulford Hall

Harrell Harrington Henderson Herndon Houston Hurst Isenberg Jordan, J. E. Kelly Keyton Knight, W. D. Lane Lee, G. B. Lowrey McCracken McKemie Milford Milhollin Mixon Morgan, J. H. Murphy Nessmith Newton, A. S. Newton, D. L. Overby Paris Parker Payton Phillips Ponsell Poole Pope

Poss Raulerson Reaves Rhodes Roberts Rodgers, H. B. Rowland Russell Scarborough Sewell Simpson Sinclair Singer Smith, E. B., Jr. Smith, R. R. Snow Stalnaker Steis Story Strickland Stuckey Tabb Teague Watson Wells, H. H. Wiggins Williams, G. J. Williams, W. M. Wilson, Hoke Hudgins

Those voting in the negative were Messrs.:

Anderson Andrews Bedgood Blair Blalock, D. B. Bolton Brooks, Wilson Busbee

Caldwell Cullens Echols Fleming Flynt Fowler, A. A. Jr. Gibbons Greene

Harris Horton House Hull Jones, M. Jordan, W. H. Lambert Lee, Wm. S.

Lokey Mackay
Matthews, C. Mitchell

THURSDAY, MAY 28, 1964
Moore Partridge Pickard Shea

507
Simmons Tucker, Ray M. Twitty Underwood, J. C.

Those not voting were Messrs.:

Bell Blalock, E. Bowen, R. L. Bowen, R. P. Brackin Carr Chandler Clark, J. T. Conger Conner Davis Dean, N. Dennard Dicus Etheridge Floyd Funk Griffin Groover Hale Hill Johnson, A. S. Dr. Johnson, B. Jones, C. M. Jones, D. C.

Jones, F. C. Keadle Killian
Kirkland Knight, D. W. Laite
Lee, W. J. (Bill) Leonard Lewis Lindsey
Logan Matthews, D. R. McClelland
McDonald Meeks Melton Moate Morgan, H. Mullis Odom
Pafford Perry Peterson Rainey Richardson

Rogers, Jimmie
Roper Rutland Shuman Smith, A. C., Jr. Smith, Chas. C. Smith, G. L. II Smith, V. T. Spikes Todd Towson Tucker, J. B. Tucker, M. K. Underwood, R. R. Vaughn Walker Ware Warren Watts Wells, D. W.
White Wilkes Wilson, J. M. Woodward
Smith, G. T.

On the adoption of the amendment, the ayes were 94, nays 36. The amendment was lost.

The following amendment was read:
Mr. Payton of Coweta moves to amend Article 5, Paragraph 1 (b) by striking the word "may" in line 5 and inserting the word "shall" and by inserting the words "or business conducted in" immediately before the words "the unincorporated areas thereof" in line 6.

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

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JOURNAL OF THE HOUSE,

Those voting in the affirmative were Messrs.:

Barber Beck Black Brooks, Wilson Byrd Duncan, J. E. Fulford Henderson

Keyton Lee, G. B. McCracken Milhollin Moore Pay ton Phillips Poole

Rowland Russell Singer Steis Tucker, Ray M. Underwood, J. C. Watson Wigging

Those voting in the negative were Messrs.:

Abney Acree Anderson Andrews Bagby Ballard Bedgood Blair Blalock, D. B. Blalock, E. Bolton Bowen, A. Bowen, R. W. Brantley Brown Busbee Bynum Causby Chandler Coker, G., Dr. Coker, R. Cullens Been, H. D. DeVane Dixon Dorminy Duncan, A. C. Flournoy Floyd Flynt Fowler, A. A. Jr. Gibbons

Greene Griffin Hale Harrell Harrington Harris House Hurst Isenberg Johnson, A. S. Dr. Jones, M. Jordan, J. E. Jordan, W. H. Kelly Killian Lambert Lane Lee, W. J. (Bill) Lee, Wm. S. Lewis Lokey Lowrey Matthews, C. McKemie Melton Milford Mixon Morgan, H. Nessmith Overby Parker Partridge

Perry Peterson Pickard Ponsell Pope Raulerson Reaves Roberts Roper Scarborough Sewell Shea Simmons Simpson Smith, E. B., Jr. Smith, G. L. II Smith, R. R. Smith, V. T. Snow Spikes Story Todd Twitty Walker Ware Watts Wells, D. W. Wells, H. H. Williams, G. J. Williams, W. M. Wilson, Hoke Hudgins

Those not voting were Messrs.:

Alien Arnsdorff Baughman Bell Bowen, R. L.

Bowen, R. P. Brackin Branch Brooks, Geo. B. Caldwell

Carr Clark, J. T. Clarke, H. G. Conger Conner

Davis Dean, N. Dennard Dicus Echols Etheridge Fleming Fowler, J. W. Funk Groover Hall Herndon Hill Horton Houston Hull Johnson, B. Jones, C. M. Jones, D. C. Jones, F. C. Keadle Kirkland Knight, D. W. Knight, W. D.

THURSDAY, MAY 28, 1964
Laite Leonard Lindsey Logan Mackay Matthews, D. R. McClelland McDonald Meeks Mitchell Moate Morgan, J. H. Mullis Murphy Newton, A. S. Newton, D. L. Odom Pafford Paris Poss Rainey Rhodes Richardson Rodgers, H. B.

509
Rogers, Jimmie Rutland Shuman Sinclair Smith, A. C., Jr. Smith, Chas. C. Stalnaker Strickland Stuckey Tabb Teague Towson Tucker, J. B. Tucker, M. K. Underwood, R. R. Vaughn Warren White Wilkes Wilson, J. M. Woodward Smith, G. T.

On the adoption of the amendment, the ayes were 24, nays 96.

The amendment was lost.

The following was read:
Mr. McCracken of Jefferson moves to amend Com. Sub. for HR 6-1 by adding a new sentence at the end of paragraph 1 (b) of Section 1, Article 5 to read as follows:
"No such county license fee or occupational tax shall be imposed on any business which is subject to regulation by the Public Service Commis sion."

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 Acree Alien

Andrews Arnsdorff Ballard

Baughman Bedgood Blair

510
Blalock, D. B. Blalock, E. Bolton Bowen, A. Bowen, R. W. Branch Busbee Bynum Byrd Caldwell Carr Chandler Coker, G., Dr. Coker, R. Deen, H. D. DeVane Duncan, A. C. Duncan, J. E. Echols Flournoy Floyd Flynt Fowler, J. W. Funk Gibbons Hale Harrell Harrington Harris Henderson Hill

JOURNAL OF THE HOUSE,

Horton Hull Hurst Isenberg Jones, F. C. Jordan, W. H. Kelly Keyton Killian Lambert Lane Lee, G. B. Lee, W. J. (Bill) Lee, Wm. S. Lewis Lokey Matthews, C. McClelland McCracken McKemie Melton Milford Milhollin Mixon Morgan, H. Morgan, J. H. Newton, A. S. Newton, D. L. Parker Partridge Perry

Phillips Pickard Ponsell Poole Pope Raulerson Rhodes Roberts Roper Rowland Russell Sewell Shea Simmons Smith, E. B., Jr. Smith, G. L. II Snow Stalnaker Steis Story Todd Twitty Underwood, J. C. Vaughn Ware Watson Watts Wells, D. W. Wells, H. H.

Those voting in the negative were Messrs.

Anderson Barber Beck Black Causby Cullens Dixon Greene House Johnson, A. S. Dr. Jones, M.

Jordan, J. E. Knight, W. D. Lowrey Mitchell Moore Murphy Nessmith Overby Peterson Scarborough

Simpson Singer Smith, R. R. Smith, V. T. Tucker, Ray M. Walker Wiggins Williams, W. M. Wilson, Hoke Hudgins

Those not voting were Messrs.:

Bagby Bell Bowen, R. L. Bowen, R. P.

Brackin Brantley Brooks, Geo. B. Brooks, Wilson

Brown Clark, J. T. Clarke, H. G. Conger

Conner Davis Dean, N. Dennard Dicus Dorminy Etheridge Fleming Fowler, A. A. Jr. Fulford Griffin Groover Hall Herndon Houston Johnson, B. Jones, C. M. Jones, D. C. Keadle Kirkland Knight, D. W.

THURSDAY, MAY 28, 1964
Laite Leonard Lindsey Logan Mackay Matthews, D. R. McDonald Meeks Moate Mullis Odom Pafford Paris Payton Poss Rainey Reaves Richardson Rodgers, H. B Rogers, Jimmie Rutland

511
Shuman Sinclair Smith, A. C., Jr. Smith, Chas. C. Spikes Strickland Stuckey Tabb Teague Towson Tucker, J. B. Tucker, M. K. Underwood, R. R. Warren White Wilkes Williams, G. J. 'Wilson, J. M. Woodward Smith, G. T.

On the adoption of the amendment, the ayes were 100, nays 31.

The amendment was adopted.

The following was read:
Mr. Killian of Glynn, Conger of Decatur and Pickard of Muscogee move to amend HR 6-1 by striking from sub-paragraph (b), paragraph 1, Section 1, Article 5, the language: "however, a county may limit any license fee or occupational tax to businesses located in the unincorporated area thereof" and inserting in lieu thereof the following language:
"however, no county shall require any license fee, franchise tax, or occupational tax from any business located in a municipality in said county, provided such municipality requires payment of a license fee or occupational tax from such business."

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 Acree Alien

Anderson Bagby Barber

Baughman Beck Bedgood

512

JOURNAL OF THE HOUSE,

Black Blair Blalock, D. B. Bolton Bowen, A. Bowen, R. W. Branch Brantley Brooks, Geo. B. Busbee Bynum Caldwell Chandler Coker, G., Dr. Coker, R. Been, H. D. DeVane Dixon Duncan, A. C. Duncan, J. E. Echols Ployd Fowler, A. A. Jr. Fowler, J. W. Fulford Funk Greene Harrell Harrington Harris Henderson Herndon Houston Hurst Isenberg Johnson, A. S. Dr.

Jones, F. C. Jones, M Jordan, J. E. Jordan, W. H. Kelly Keyton Killian Knight, W. D.
Lambert Lane Lee, G. B. Lee, W. J. (Bill) Lee, Wm. S. Leonard Lewis Lokey Lowrey Matthews, C. McCracken McKemie Milhollin Mitchell Moore Morgan, H. Morgan, J. H. Murphy Nessmith Paris Partridge Perry Peterson Phillips Pickard Ponsell Poole Pope

Poss Raulerson Reaves Roberts Rowland Russell Scarborough Sewell Shea Simmons Simpson Sinclair Singer Smith, G. L. II Smith, R. R. Smith, V. T. Spikes Stalnaker Steis Story Strickland Tabb Teague Tucker, M. K. Tucker, Ray M. Twitty Underwood, J. C. Vaughn Ware Wells, D. W. Wiggins Williams, G. J. Wilson, Hoke Hudgins

Those voting in the negative were Messrs.

Ballard Brackin Byrd Causby Dorminy Fleming Flournoy

Gibbons Hale Horton House Hull Milford Mixon

Newton, D. L. Overby Parker Smith, E. B., Jr. Walker Williams, W. M.

Those not voting were Messrs.:

Andrews Arnsdorff Bell Blalock, E.

Bowen, R. L. Bowen, R. P. Brooks, Wilson Brown

Carr Clark, J. T. Clarke, H. G. Conger

Conner Cullens Davis Dean, N. Dennard Dicus Etheridge Flynt Griffin Groover Hall Hill Johnson, B. Jones, C. M. Jones, D. C. Keadle Kirkland Knight, D. W. Laite Lindsey

THURSDAY, MAY 28, 1964
Logan Mackay Matthews, D. R. McClelland McDonald Meeks Melton Moate Mullis Newton, A. S. Odom Pafford Payton Rainey Rhodes Richardson Rodgers, H. B. Rogers, Jimmie Roper

513
Rutland Shuman Smith, A. C., Jr. Smith, Chas. C. Snow Stuckey Todd Towson Tucker, 3. B. Underwood, R,, R. Warren Watson Watts Wells, H. H. White Wilkes Wilson, J. M. Woodward Smith, G. T.

On the adoption of the amendment, the ayes were 115, nays 20.

The amendment was adopted.

Paragraph 1 (b) was adopted as amended.

Article 5 Section 1 paragraph 3 (e) was again taken up:

The following amendment was read:
Mr. Laite of Bibb moves to amend Com. Sub to HR 6-1 as follows:
By adding at the end of the 1st paragraph of Article 5, Section 1, Para graph 3, sub-paragraph (e) the following sentence:
"Claimant's actual dwelling shall be deemed to include dwel lings, cooperative apartments, and apartments owned pursuant to the 'Apartments Ownership Act' approved April 12, 1963 (Ga. Laws 1963, p. 561) as the same now exists or may hereafter be amended."

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

Those voting in the affirmative were Messrs.:

Acree Alien

Anderson Andrews

Bagby Ballard

514
Barber Baughman Beck Bedgood Black Blair Blalock, D. B. Bolton Bowen, A. Brantley Brooks, Geo. B. Busbee Bynum Byrd Caldwell Causby Chandler Clark, J. T. Clarke, H. G. Coker, G., Dr. Coker, R. DeVane Dorminy Duncan, A. C. Duncan, J. E. Echols Fleming Floyd Flynt Fowler, J. W. Fulford Funk Gibbons Greene Griffin Groover Hale Harrell Harrington Harris Henderson Herndon

JOURNAL OF THE HOUSE,

Horton House Houston Hull Hurst Isenberg Johnson, A. S. Dr. Jordan, J. E. Jordan, W. H. Keadle Kelly Keyton Killian Laite Lane Lee, G. B. Lee, Wm. S. Leonard Lewis Lokey Lowrey Matthews, C. McCracken McKemie Milford Milhollin Mixon Moore Morgan, J. H. Murphy Nessmith Newton, A. S. Newton, D. L. Paris Partridge Payton Perry Peterson Phillips Pickard Ponsell Poole

Pope Poss Rainey Raulerson Reaves Rhodes Roberts
Roper Rowland Russell Scarborough Sewell Shea Simpson Singer Smith, E. B., Jr. Smith, G. L. II Smith, R. R. Smith, V. T. Spikes Stain aker Steis Story Stuckey Tabb Teague Todd Tucker, J. B. Tucker, Ray M. Twitty Underwood, R. R. Vaughn Walker Ware Warren Watts Wells, D. W. Wiggins Williams, G. J. Wilson, Hoke Woodward Hudgins

Those voting in the negative were Messrs.

Bowen, R. W. Flournoy

Jones, F. C. Jones, M.

Overby Williams, W. M.

Those not voting were Messrs.:

Abney Arnsdorff Bell

Blalock, E. Bowen, R. L. Bowen, R. P.

Brackin Branch Brooks, Wilson

Brown Carr Conger Conner Cullens Davis Dean, N. Deen, H. D. Dennard Dicus Dixon Etheridge Fowler, A. A. Jr. Hall Hill Johnson, B. Jones, C. M. Jones, D. C. Kirkland

THURSDAY, MAY 28, 1964
Knight, D. W. Knight, W. D. Lambert Lee, W. J. (Bill) Lindsey Logan Mackay Matthews, D. R. McClelland McDonald Meeks Melton Mitchell Moate Morgan, H. Mullis Odom Pafford Parker

515
Richardson Rodgers, H. B. Rogers, Jimmie Rutland Shuman Simmons Sinclair Smith, A. C., Jr. Smith, Chas. C. Snow Strickland Towson Tucker, M. K. Underwood, J. C. Watson White Wilkes Wilson, J. M. Smith, G. T.

On the adoption of the amendment, the ayes were 133, nays 6.

The amendment was adopted.

The following amendments were read and adopted:
Mr. House of Bibb moves to amend Paragraph (e) by striking the language "such exemption being from all state and county ad valorem taxes" and by inserting "such exemption being from all state, county and county jr area school taxes, except to pay interest on and to retire bonded indebtedness."
Mr. Baughman of Early moves to amend Com. Sub. to HR 6-1 as follows:
By striking the first paragraph of Art. 5, Section 1, paragraph 3, Subparagraph (e) in its entirety and inserting in lieu thereof the following:
"(e) In an amount not to exceed $2,000 of its value, the home stead owned by a person who is a resident of this State, actually occupied by him primarily as his residence and only so long as so occupied, is hereby exempted from all property taxation for State, county, and county or area school purposes, except to pay interest on or to retire bonded indebtedness. The General Assembly, from time to time, may lower the amount of this exemption to not less than $1,250. An exemption hereunder must be claimed in the man ner prescribed by the General Assembly, and the General Assembly may further define the homestead entitled to exemption hereunder except that a homestead as contemplated hereunder shall remain limited to a claimant's actual dwelling, structures incidental there to, and the land to which same is attached."

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Mr. Bolton of Spalding moves to amend Com. Sub. to HR 6-1 as follows:

By striking the words and figures "December 31, 1964" as they appear in the last sentence of Article 5, Section 1, Paragraph 3 (e), and sub stituting in lieu thereof the words and figures "December 31, 1966", so that when so amended said last sentence shall read as follows:

"The increased exemption provided for herein shall apply to all taxable years beginning after December 31, 1965."

On the adoption of Article 5 as amended, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Acree Alien Anderson Andrews Arnsdorff Bagby Ballard Barber Baughman Beck Bedgood Black Blair Blalock, D. B. Blalock, E. Bolton Bowen, A. Bowen, R. W. Brackin Branch Brantley Brooks, Geo. B. Brooks, Wilson Busbee Bynum Byrd Caldwell Causby Chandler Clark, J. T. Clarke, H. G. Coker, G., Dr. Coker, R. Dean, N. DeVane Dixon

Duncan, A. C. Duncan, J. E. Echols Fleming Flournoy Floyd Fowler, J. W. Fulford Gibbons Hale Harrell Harrington Harris Henderson Herndon Horton House Houston Hull Hurst Isenberg Johnson, A. S. Dr. Jones, F. C. Jones, M. Jordan, J. E. Jordan, W. H. Keadle Kelly Killian Lambert Lane Lee, W. J. (Bill) Lee, Wm. S. Leonard Lewis Lokey

Lowrey Mackay Matthews, C. McClelland McCracken McKemie Milhollin Mitchell Mixon Moore Morgan, H. Morgan, J. H. Murphy Nessmith Newton, A. S. Newton, D. L. Overby Paris Parker Partridge Payton Perry Peterson Phillips Pickard Ponsell Poole Pope Poss Raulerson Reaves Richardson Roberts Roper Rowland Scarborough

Sewell Shea Sinclair Singer Smith, E. B., Jr. Smith, G. L. II Smith, R. R. Smith, V. T. Spikes Stalnaker Steis

THURSDAY, MAY 28, 1964
Story Strickland Tabb Teague Todd Tucker, J. B. Tucker, Ray M. Twitty Vaughn Walker Ware

517
Warren Watson Watts Wells, D. W. Wells, H. H. Wiggins Wilkes Williams, G. J. Williams, W. M. Wilson, Hoke Hudgins

Those not voting were Messrs.:

Abney Bell Bowen, R. L. Bowen, R. P. Brown Carr Conger Conner Cullens Davis Been, H. D. Dennard Dicus Dorminy Etheridge Flynt Fowler, A. A. Jr. Funk Greene Griffin Groover Hall

Hill Johnson, B. Jones, C. M. Jones, D. C. Keyton Kirkland Knight, D. W. Knight, W. D. Laite Lee, G. B. Lindsey Logan Matthews, D. R. McDonald Meeks Melton Milford Moate Mullis Odom Pafford

Rainey Rhodes Rodgers, H. B. Rogers, Jimmie Russell Rutland Shuman Simmons Simpson Smith, A. C., Jr. Smith, Chas. C. Snow Stuckey Towson Tucker, M. K. Underwood, J. C. Underwood, R. R. White Wilson, J. M. Woodward Smith, G. T.

On the adoption of Article 5 as amended, the ayes were 141, nays 0,

Article 5 was adopted as amended.

The following paragraphs were read: ARTICLE 8
ELECTIVE FRANCHISE SECTION 1 ELECTIONS
Paragraph 1. Elections by the People; Electors.
(a) In all elections by the people, the electors shall vote by secret ballot, which shall include the use of voting machines, except that the

518

JOURNAL OF THE HOUSE,

General Assembly may provide by law for assistance in voting for those electors physically incapable of voting by themselves.

(b) Every United States citizen who is a resident citizen of this State and is at least eighteen years of age, and who possesses the qualifications provided in this Paragraph and those qualifications pro vided by law pursuant to this Paragraph and is not laboring under any disqualifications as may be provided by law pursuant to this Paragraph shall be an elector and entitled to register and vote in elections by the people.

(c) To entitle a person to register and vote at any election by the people, he shall have resided in the State at least one year immediately preceding the election, and in the county in which he offers to vote at least six months immediately preceding the election.

(d) The General Assembly shall provide by law (1) the definition of residence for voting purposes and of terms used in this Paragraph, (2) the designation of those crimes conviction of which will disqualify a person from becoming an elector, (3) reasonable requirements of literacy and education, (4) for registration of electors and for admini stration of elections, (5) for secrecy in voting, and (6) for the manner and place of voting.

(e) No person shall be eligible to register or to vote who is mentally incompetent.

(f) Every person fulfilling the requirements of an elector, or who fulfills such requirements excepting those respecting age and residence but who will fulfill such requirements by the date of the next general election, shall be entitled to register and vote in such election. No person shall be allowed to register, however, who is not at least seven teen years of age at the time of registration, and no person shall be allowed to vote unless he is registered to do so in accordance with re quirements of law.

Paragraph 2. Persons Disqualified to Hold Office. The General Assembly may provide that no person convicted of a crime, mentally incompetent, or the holder of public money illegally, shall be eligible to hold any office or appointment of honor or trust in this State.

The Clerk was directed to correct a typographical error in paragraph 1 (a) changing "shall" to "may".

The following amendment for Article 8 was read and adopted:
Busbee of Dougherty moves to amend Committee Substitute for HR 6-1 as follows:

THURSDAY, MAY 28, 1964

519

By striking Article 8 in its entirety and inserting in lieu thereof a new Article 8 to read as follows:

ARTICLE 8

ELECTIVE FRANCHISE

SECTION 1

ELECTIONS

Paragraph 1. Elections by the People; Electors.

(a) In all elections by the people, the electors shall vote by secret ballot, which shall include the use of voting machines, except that the General Assembly may provide by law for assistance in voting for those electors physically incapable of voting by themselves.

(b) Every United States citizen who is a resident citizen of this State, who is at least eighteen years of age, who possesses the qualifi cations provided in this Paragraph and those qualifications provided by law pursuant to this Paragraph, and who is not laboring under any disqualification provided in this Paragraph or which may be provided by law pursuant to this Paragraph, shall be an elector and entitled to vote in elections by the people, if registered to do so according to law.

(c) To entitle a person to vote at any election by the people, he shall have resided in the State at least one year immediately preceding the election in which he seeks to vote and in the county in which he offers to vote in such election at least six months immediately preceding such election.

(d) Every person fulfilling all the requirements of an elector, and every person who fulfills all such requirements except those of age and residence but who will fulfill those requirements by the date of the next general election, shall be entitled to register to vote, except that no person shall be allowed to register who is not at least seventeen years of age at the time of registration.

(e) The General Assembly shall by law for: (1) definitions of residence for voting purposes and of terms used in this Paragraph; (2) designation of those crimes, conviction of which will disqualify a person from becoming an elector; (3) reasonable requirements of literacy and education necessary for registration; (4) registration of electors; (5) secrecy in voting; (6) the manner and place of voting; and (7) adminis tration of elections.

(f) No person shall be eligible to register or to vote who is mentally incompentent.
Paragraph 2. Privilege of Electors from Arrest. Electors shall, in all cases, except for treason, felony, larceny, and breach of the peace, be

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privileged from arrest during their attendance on elections, and in going to and returning from the same.

Paragraph 3. General Election. A general election shall be held every two years during even-numbered years. Until changed by law, such election shall be held on Tuesday after the first Monday in Novem ber.
SECTION 2

DISQUALIFICATION TO HOLD OFFICE

Paragraph 1. Persons Disqualified to Hold Office. The General Assembly may provide that no person convicted of a crime, mentally incompetent, or the holder of public money illegally, shall be eligible to hold any office or appointment of honor or trust in this State.

The following amendment adding a Section 3 paragraph 1 was read:
Messrs. Bowen of Randolph and Clarke of Monroe, and Jordan of Calhoun, move to amend Committee Substitute to HR 6-1 as follows:
By adding to Article 8, a new Section and Paragraph to be num bered Section III, Paragraph 1, as follows:
"No person elected on a write-in vote shall be eligible to hold office unless notice of his intention or candidacy was given tan (10) or more days prior to the election by the person to be a write-in candidate, or by some other person or group of persons qualified to vote in the subject election, as follows: In a state general election, to the Secretary of State and by publication in a paper of general circulation in the state; in a general election of county officers, to the Ordinary of the county in which he is to be a candidate and by publication in the official organ of the same county; in a municipal general election, to the mayor or similiar officer thereof and by publication in the official gazette of the municipality holding the election. The General Assembly may enact other reasonable regu lations and require compliance therewith as a condition of eligibility to hold office in this State."

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 Acree Alien Anderson

Andrews Arnsdorff Bagby Ballard

Barber Baughman Beck Bell

THURSDAY, MAY 28, 1964

Black Blair Blalock, D. B. Blalock, E. Bolton Bowen, A. Bowen, R. L. Bowen, R. W. Brackin Branch Brantley Brooks, Geo. B. Brown Busbee Bynum Byrd Causby Chandler Clarke, H. G. Coker, G., Dr. Coker, R. Conger Dean, N. Deen, H. D. DeVane Dixon Dorminy Duncan, A. C. Fleming Plournoy Ployd Plynt Fowler, A. A., Jr. Fowler, J. W. Fulford Gibbons Greene Griffin Hale Hall Harrell Harrington

Henderson Herndon Hill Horton Houston Hurst Isenberg Johnson, A. S., Dr. Jones, C. M. Jones, M. Jordan, W. H. Keadle Kelly Knight, W. D. Lambert Lee, G. B. Lee, W. J. (Bill) Leonard Lokey McClelland McKemie Melton Milford Milhollin Mitchell Mixon Moate Moore Morgan, H. Murphy Nessmith Newton, A. S. Newton, D. L. Overby Paris Parker Partridge Perry Peterson Phillips Ponsell Poole

521
Pope Poss Raulerson Reaves Roberts Rodgers, H. B. Roper Rowland Sewell Simmons Sinclair Singer Smith, E. B., Jr. Smith, G. L., II Smith, R. R. Smith, V. T. Snow Spikes Stalnaker Story Strickland Stuckey Tabb Teague Todd Tucker, J. B. Tucker, Ray M. Twitty Underwood, J. C. Underwood, R. R. Vaughn Walker Ware Watson Watts Wells, D. W. Wells, H. H. Wiggins Wilkes Williams, G. J. Wilson, Hoke Hudgins

Those voting in the negative were Messrs.

Echols Funk Harris House

Lee, Wm. S. Mackay Meeks Richardson

Those not voting were Messrs.:

Bedgood

Bowen, R. P.

Shea Williams, W. M.
Brooks, Wilson

522
Caldwell Carr Clark, J. T. Conner Cullens Da vis Dennard Dicus Duncan, J. E. Etheridge Groover Hull Johnson, B. Jones, D. C. Jones, F. C. Jordan, J. E. Keyton Killian

JOURNAL OP THE HOUSE,

Kirkland Knight, D. W. Laite Lane Lewis Lindsey Logan Lowrey Matthews, C. Matthews, D. R. McCracken McDonald Morgan, J. H. Mullis Odom Pafford Payton Pickard

Rainey Rhodes Rogers, Jimmie Russell Rutland Scarborough Shuman Simpson Smith, A. C., Jr. Smith, Chas C. Steis Towson Tucker, M. K. Warren White Wilson, J. M. Woodward Smith, G. T.

On the adoption of the amendment, the ayes were 138, nays 10.

The amendment was adopted.

The following amendment was read:

Mr. Mitchell of Whitfield moves to amend Article 8, Section 3 by adding a new paragraph to be known as Paragraph 2 and to read as follows:
Paragraph 2. Registration shall be by political party.

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

Those voting in the affirmative were Messrs.:

Bowen, R. L. Leonard Meeks Melton

Mitchell Murphy Rowland Smith, R. R.

Smith, V. T. Steis

Those voting in the negative were Messrs.:

Abney Acree Alien Anderson Andrews Arnsdorff

Ballard Barber Baughman Beck Bedgood Black

Blair Blalock, D. B. Blalock, E. Bolton Bowen, A. Bowen, R. W.

Brackin Branch Brantley Brooks, Geo. B. Brooks, Wilson Brown Busbee Bynum Byrd Causby Chandler Clark, J. T. Coker, G., Dr. Coker, R. Conger Cullens Dean, N. Deen, H. D. DeVane Dixon Dorminy Flournoy Flynt Fowler, J. W. Fulford Funk Gibbons Greene Griffin Groover Hale Harrell Harrington Harris Henderson Hill Horton House Houston Hurst

THURSDAY, MAY 28, 1964
Isenberg Jones, C. M. Jones, D. C. Jones, M. Jordan, W. H. Keadle Kelly Killian Knight, W. D. Lambert Lane Lee, G. B. Lee, W. J. (Bill) Lee, Wm. S. Lewis Lokey Mackay Matthews, C. McClelland McCracken McKemie Milford Milhollin Mixon Moate Morgan, H. Nessmith Newton, A. S. Newton, D. L. Overby Paris Parker Partridge Perry Phillips Ponsell Poole Pope Poss Raulerson

523
Reaves Richardson Roberts Rodgers, H. B. Roper Scarborough Sewell Shea Simmons Sinclair Singer Smith, E. B., Jr. Smith, G. L., II Snow Spikes Stalnaker Story Strickland Tabb Todd Tucker, J. B. Tucker, Ray M. Twitty Underwood, J. C. Underwood, R. R. Vaughn Walker Ware Watson Watts Wells, D. W. Wells, H. H. Wiggins Wilkes Williams, G. J. Williams, W. M. Wilson, Hoke Hudgins

Those not voting were Messrs.:

Bagby Bell Bowen, R. P. Caldwell Carr Clarke, H. G. Conner Davis Dennard Dicus

Duncan, A. C. Duncan, J. E. Echols Etheridge Fleming Floyd Fowler, A. A., Jr. Hall Herndon Hull

Johnson, A. S., Dr. Johnson, B. Jones, F. C. Jordan, J. E. Keyton Kirkland Knight, D. W. Laite Lindsey Logan

524
Lowrey Matthews McDonald Moore Morgan, J. H. Mullis Odom Pafford Payton Peterson

JOURNAL OF THE HOUSE,

Pickard Rainey Rhodes Rogers, Jimmy Russell Rutland Shuman Simpson Smith, A. C., Jr. Smith, Chas. C.

Stuckey Teague Towson Tucker, M. K. Warren White Wilson, J. M. Woodward Smith, G. T.

On the adoption of the amendment, the ayes were 10, nays 136.

The amendment was lost.

On the adoption of Article 8 as amended the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Acree Alien Anderson Andrews Arnsdorff Ballard Barber Baughman Beck Bedgood Black Blair Blalock, D. B. Blalock, E. Bolton Bowen, A. Bowen, R. L. Bowen, R. W. Brackin Branch Brantley Brooks, Geo. B. Brooks, Wilson Brown Busbee Bynum Byrd

Causby Chandler Clark, J. T. Clarke, H. G. Coker, G., Dr. Coker, R. Conger Dean, N. Deen, H. D. Dennard DeVane Dixon Dorminy Duncan, A. C. Duncan, J. E. Fleming Flournoy Floyd Flynt Fowler, A. A., Jr. Fowler, J. W. Fulford Funk Gibbons Greene Griffin Hale Harrell

Harrington Harris Henderson Herndon Hill Horton House Houston Hull Hurst Isenberg Johnson, A. S., Dr. Johnson, B. Jones, C. M. Jones, M. Jordan, W. H. Keadle Kelly Killian Knight, W. D. Lambert Lane Lee, G. B. Lee, W. J. (Bill) Lee, Wm. S. Leonard Lewis Lokey

Mackay Matthews, C. McClelland McCracken McKemie Meeks Melton Milford Milhollin Mitchell Mixon Moate Moore Morgan, H. Murphy Nessmith Newton, A. S. Newton, D. L. Overby Paris Parker Partridge Perry

THURSDAY, MAY 28, 1964
Peterson Phillips Ponsell Poole Pope Poss Eaulerson Reaves Richardson Roberts Rodgers, H. B. Roper Rowland Scarborough Shea Simmons Sinclair Singer Smith, E. B., Jr. Smith, G. L., II Smith, R. R. Smith, V. T. Snow

525
Spikes Stalnaker Steis Story Strickland Tabb Teague Todd Tucker, J. B. Tucker, Ray M. Underwood, R. R. Vaughn Walker Ware Watson Watts Wells, D. W. Wells, H. H. Wiggins Wilkes Williams, G. J. Wilson, Hoke Hudgins

Those not voting were Messrs.:

Bagby Bell Bowen, R. P. Caldwell Carr Conner Cullens Davis Dicus Echols Etheridge Groover Hall Jones, D. C. Jones, F. C. Jordan, J. E. Keyton Kirkland

Knight, D. W. Laite Lindsey Logan Lowrey Matthews, D. R. McDonald Morgan, J. H. Mullis Odom Pafford Payton Pickard Rainey Rhodes Rogers, Jimmie Russell Rutland

Sewell Shuman Simpson Smith, A. C., Jr. Smith, Chas. C. Stuckey Towson Tucker, M. K. Twitty Underwood, J. C. Warren White Williams, W. M. Wilson Woodward Smith, G. T.

On the adoption of Article 8 as amended, the ayes were 153, nays 0. Article 8 was adopted as amended.

526

JOURNAL OP THE HOUSE,

The following paragraphs were read:

ARTICLE 9

AMENDMENTS TO THE CONSTITUTION

SECTION 1

CONSTITUTION AMENDED, HOW

Paragraph 1. Proposals to Amend the Constitution. Revision of or amendments to this Constitution may be proposed by the General Assem bly, or by a constitutional convention as hereinafter provided. No amend ments except those of a general nature having uniform operation through out the State shall be proposed.

Paragraph 2, Proposal by General Assembly; Submission. A pro posal by the General Assembly to amend this Constitution shall originate as a resolution in either the House or Senate and if approved by twothirds of the elected membership of each house in a roll call vote entered on their respective journals, the Governor shall cause the full text of such proposal to be published in one or more newspapers having general circulation in each congressional district in the State once each week for three consecutive weeks immediately preceding the day of the general election at which such proposal is to be submitted, and shall cause such proposal to be placed on the ballot for the next general election. The language to be used in submitting a proposed amendment shall be in such words as the General Assembly may provide in the resolution, or in failure thereof, in such language as the Governor may prescribe. If such proposal is approved by a majority of the electors qualified to vote for members of the General Assembly voting thereon in such general election, such proposal shall become a part of this Constitution. Any amendment so approved shall take effect on the first day of January following the date of the vote thereon, unless the proposal shall provide otherwise. When more than one proposal is to be submitted at the same election, such proposals shall be submitted so as to enable the electors to vote on each proposal separately.

Paragraph 3. Repeal or Amendment of Proposal. Any proposal by the General Assembly to amend the Constitution may be repealed by the same General Assembly at any time prior to submission for adoption by two-thirds of the elected membership of each house in a roll call vote entered on their respective journals. Any proposal may, in the same manner, be amended by the same General Assembly if done at least two months prior to the date of the election at which such proposal is to be submitted to the people for adoption.

Paragraph 4. Constitutional Convention; How Called. No conven tion of the people shall be called by the General Assembly to revise, amend or change this Constitution, unless by the concurrence of twothirds of all members of each house of the General Assembly. The rep resentation in said convention shall be based on population as near as

THURSDAY, MAY 28, 1964

527

practicable. This Constitution shall not be revised, amended, or changed by the convention until the proposed revision, amendment, or change has been submitted and ratified by the people in the manner provided for submission and ratification of amendments proposed by the General Assembly.

The following amendment for Article 9 was read and adopted:
Smith of Emanuel moves to amend Committee Substitute for HR 6-1 as follows:
By striking Article 9 in its entirety and inserting in lieu thereof a new Article 9 to read as follows:
ARTICLE 9
AMENDMENTS TO THE CONSTITUTION
SECTION 1
CONSTITUTION AMENDED, HOW
Paragraph 1. Proposals to Amend or Revise the Constitution; New Constitution. Revisions of or amendments to this Constitution, or a new Constitution, may be proposed by the General Assembly, or by a constitu tional convention as hereinafter provided. No amendments except those of a general nature having uniform operation throughout the State shall be proposed.
Paragraph 2. Proposal by General Assembly; Submission. A pro posal by the General Assembly to amend or revise this Constitution or for a new Constitution shall originate as a resolution in either the House or Senate and if approved by two-thirds of the elected membership of each house in a roll call vote entered on their respective journals, the Governor shall cause the full text of such proposal to be published in one or more newspapers having general circulation in each congressional district in the State once each week for three consecutive weeks imme diately preceding the day of the general election at which such proposal is to be submitted, and shall cause such proposal to be placed on the ballot for the next general election. The language to be used in submitting a pro posed amendment or revision or new Constitution shall be in such words as the General Assembly may provide in the resolution, or in failure thereof, in such language as the Governor may prescribe. If such pro posal is approved by a majority of the electors qualified to vote for members of the General Assembly voting thereon in such general election, such proposal shall become a part of this Constitution or revised or new Constitution as the case may be. Any proposal so approved shall take effect on the first day of January following the date of the vote thereon, unless the proposal shall provide otherwise. When more than one proposal is to be submitted at the same election, such proposals shall be submitted so as to enable the electors to vote on each proposal separately.

528

JOURNAL OF THE HOUSE,

Paragraph 3. Repeal or Amendment of Proposal. Any proposal to amend this Constitution which has been adopted by the General Assem bly may be amended or repealed by the same General Assembly by the affirmative vote of two-thirds of the elected membership of each house in a roll call vote entered on their respective journals, if such action is taken at least two months prior to the date of the election at which such proposal is to be submitted.

Paragraph 4. Constitutional Convention; How Called. No conven tion of the people shall be called by the General Assembly to revise, amend or change this Constitution, unless by the concurrence of twothirds of all members of each house of the General Assembly. The rep resentation in said convention shall be based on population as near as practicable. This Constitution shall not be revised, amended, or changed by the convention until the proposed revision, amendment, or change has been submitted and ratified by the people in the manner provided for submission and ratification of amendments proposed by the General
Assembly.

On the adoption of article 9, as amended, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Alien Anderson Andrews Arnsdorff Bagby Billiard Barber Baughman Beck Bedgood Bell Black Blair
Blalock, D. B. Blalock, E. Bolton Bowen, A. Bowen, R. W. Brackin Branch Brantley Brooks, Wilson Busbee Bynum Byrd Caldwell Chandler

Clark, J. T.

Clarke, H. G.

Coker, G., Dr.

Conger

Conner

Cullens

DeVane

Dixon

Dorminy

Duncan, A. C.

Echols

Fleming

Flournoy

Floyd

Flynt

Fowler, J. W.

Fulford

Gibbons

Greene



Griffin

Hale

Harrell

Harrington

Harris

Henderson

Herndon

Hill

Horton

Hull Hurst Isenberg Johnson, A. S., Dr. Jones, C. M. Jones, M. Jordan, J. E. Jordan, W. H. Keadle Kelly Killian Knight, W. D. Lambert Lee, G. B.
Lee, W. J. (Bill) Lee, Wm. S. Lewis Lokey Lowrey Mackay Matthews McClelland McCracken McKemie Milhollin Mitchell Mixon Moate

Morgan, H. Murphy Newton, A. S. Newton, D. L. Overby Parker Partridge Payton Perry Peterson Phillips Pickard Ponsell Poole Pope Poss Rainey Raulerson Reaves

THURSDAY, MAY 28, 1964
Richardson Rodgers, H. B. Roper Rowland Scarborough Shea Simmons Sinclair Singer Smith, E. B., Jr. Smith, G. L., II Smith, R. R. Smith, V. T. Snow Spikes Stalnaker Steis Story Strickland

529
Todd Tucker, J. B. Tucker, Ray M. Twitty Underwood, J. C. Underwood, R. R. Vaughn Walker Ware Watson Watts Wells, D. W. White Wiggins Wilkes Williams, G. J. Williams, W. M. Wilson, Hoke Hudgins

Those voting in the negative were Messrs. Geo. B. Brooks, Milford and Paris.

Those not voting were Messrs.:

Acree Bowen, R. L. Bowen, R. P. Brown Carr Causby Coker, R. Davis Dean, N. Deen, H. D. Dennard Dicus Duncan, J. E. Etheridge Fowler, A. A., Jr. Funk Groover Hall House Houston Johnson, B.

Jones, D. C. Jones, P. C. Keyton Kirkland Knight, D. W. Laite Lane Leonard Lindsey Logan Matthews, D. R. McDonald Meeks Melton Moore Morgan, J. H. Mullis Nessimth Odom Pafford Rhodes

Roberts Rogers, Jimmie Russell Rutland Sewell Shuman Simpson Smith, A. C., Jr. Smith, Chas. C. Stuckey Tabb Teague Towson Tucker, M. K. Warren Wells, H. H. Wilson, J. M. Woodward Smith, G. T.

On the adoption of Article 9 as amended, the ayes were 141, nays 3.

Article 9 was adopted as amended.

530

JOURNAL OF THE HOUSE,

The following paragraphs were read:

ARTICLE 10
MISCELLANEOUS PROVISIONS
SECTION 1
MISCELLANEOUS PROVISIONS
Paragraph 1. Continuation of Existing Laws. Except as otherwise specifically provided herein, the officers of the State and all political subdivisions thereof, now existing, shall continue in the exercise of their several functions, and shall serve out the remainder of their unexpired terms and until their successors are duly elected or appointed and quali fied; and all general, special and local laws now in force shall continue to operate, so far as consistent with this Constitution, until modified or repealed, or until they expire by their own terms.
Paragraph 2. Provisions of Prior Constitutions Continued as Sta tutory Law.
(a) Upon the effective date of this Constitution, amendments to the Constitution of 1877 continued in force by Article VII, Section X of the Constitution of 1945, amendments to the Constitution of 1945 adopted pursuant to the provisions contained in Article XIII, Section I, Para graph I thereof which have required a vote of the people of the political subdivision or subdivisions directly affected thereby, amendments to the Constitution of 1945 applicable to counties and cities having a population in excess of a number stated in such amendments, amendments applicable to counties having a city wholly or partly therein with a population in excess of, or not less than, a number stated in such amendment, or amend ments applicable to cities lying in two counties, where such amendments are in force and effect at the time of the ratification of this Constitu tion, shall continue in force and effect as statutory law and, if consti tutional at the time the same became effective, the constitutionality of the same under this Constitution is hereby confirmed.
(b) Any provisions continued in force as statutory law as aforesaid may be amended or repealed by the General Assembly provided that no contrace or other vested rights are adversely affected by any such amendment or repeal and provided further that: (1) if any such provi sion was originally ratified as a constitutional amendment directly affect ing only particular localities in this State by name, population or other description; any amendment thereto, or repeal thereof, shall not be effec tive as to a particular locality until ratified by the people of that locality in a referendum unless the General Assembly shall have enacted a statute of statewide application dealing with substantially the same subject matter and has provided therein for the repeal of all statutes having less than statewide application which it deems inconsistent therewith.
Paragraph 3. Special Provisions With Respect to Ports Authorities. The creation of the Brunswick Ports Authority, the Savannah District

THURSDAY, MAY 28, 1964

531

Authority (formerly named Savannah Port Authority) and the Georgia Ports Authority and the grant of powers thereto by the General Assem bly of Georgia, pursuant to statutes enacted prior to the effective date hereof, is hereby ratified and the constitutionality of such creation and the grant of said powers and the exercise thereof is hereby confirmed until changed by law. In order that ports authorities may be named in uniformity and recognized as such the name of the Savannah District Authority is hereby changed to Savannah Port Authority, and all grants of powers given it in its name of Savannah District Authority are hereby confirmed.

Paragraph 4. Special Provisions With Respect to Local Constitu tional Amendments Adopted at the General Election in Which This Amendment is Adopted. All local constitutional amendments adopted under the procedure established in the Constitution of 1945 which are not required to be voted on by the people of the State as a whole, and which are ratified at the general election at which this constitutional amendment is ratified shall continue in force and effect as an amendment to the Constitution of 1945 on the basis provided in Paragraph 2 above, and the provisions of Paragraph 2 shall apply thereto.

Paragraph 5. Effective Date. Except as otherwise provided in this Constitution, this Constitution shall become effective on April 1, 1965.

Section 2. That when this amendment shall have been agreed to by two-thirds of the members elected to each of the two Houses of the General Assembly, the same shall be entered on their journals with the "ayes" and "nays" taken thereon and shall be published and submitted to the people for ratification or rejection as one single amendment to the Constitution at the next General Election in November, 1964, as provided by law. Those voting in favor of the ratification of the amendment herein proposed shall have written or printed on their ballots the words "for the amendment revising the Constitution". Those voting against the ratification of the amendment herein proposed shall have written or printed on their ballots the words "against the amendment revising the Constitution". If a majority of those voting vote for the amendment revising the Constitution when the results are certified to the Governor, he shall proclaim the amendment revising the Constitution of 1945 as the
revised Constitution of Georgia.

The following amendment for Article 10 was read and adopted:

Bagby of Paulding moves to amend Committee Substitute for HR 6-1 as follows:

By striking Article 10 in its entirety and inserting in lieu thereof a new Article 10 to read as follows:

532

JOURNAL OF THE HOUSE,

ARTICLE 10

MISCELLANEOUS PROVISIONS

SECTION 1

MISCELLANEOUS PROVISIONS

Paragraph 1. Continuation of Existing Laws. Except as otherwise specifically provided herein, the officers of the State and all political subdivisions thereof, now existing, shall continue in the exercise of their several functions, and shall serve out the remainder of their unexpired terms and until their successors are duly elected or appointed and quali fied; and all general, special and local laws now in force shall continue to operate, so far as consistent with this Constitution, until modified or repealed, or until they expire by their own terms.

Paragraph 2. Continuation of Previous Constitutional Amendments. If constitutional at the time they became effective, amendments to the Constitution of 1877 which were continued in force by Article VII, Section X of the Constitution of 1945, amendments to the Constitution of 1945 which required a vote of the people of the political subidvision or subdivisions directly affected in order to be ratified, amendments to the Constitution of 1945 which were ratified at the same general election at which this Constitution was ratified which required a vote of the peo ple of the political subdivision or subdivisions directly affected in order to be ratified, and amendments to the Constitution of 1945 using population as a basis for classification, are hereby continued in force and effect as local statutory law, and are hereby declared to be constitutional under this Constitution. If constitutional at the time they became effective, laws which were enacted pursuant to specific authorization contained in any of the aforesaid amendments are likewise continued in force and effect and are hereby declared to be constitutional under this Constitution.
If no contractual or other vested rights are adversely affected, any of the aforesaid amendemnts which are continued as statutory law may be amended or repealed by the General Assembly by local act in the same manner as other statutes, but no such amending or repealing act shall become effective unless ratified in a referendum by the people of the political subdivision or subdivisions directly affected. Any such amendment may not be amended or repealed by general law unless such law specifically provides for such amendment or repeal, in which event such general law shall not be construed to be other than a general law because of such specification.

Paragraph 3. Ratification of Certain Statutes. If not in conflict with the provisions of this Constitution, all statutes enacted after the time of the ratification of this Constitution and before the time of the effective date of this Constitution, which have the same or a later effec tive date as this Constitution, are hereby declared to be constitutional under this Constitution.

THURSDAY, MAY 28, 1964

533

Paragraph 4. Special Provisions With Respect to Ports Authorities.

The creation of the Brunswick Port Authority, the Savannah District

i

Authority (formerly named Savannah Port Authority) and the Georgia

Ports Authority and the grant of powers thereto by the General Assem

bly of Georgia, pursuant to statutes enacted prior to the effective date

hereof, is hereby ratified and the constitutionality of such creation and

the grant of said powers and the exercise thereof is hereby confirmed

until changed by law. In order that ports authorities may be named in

uniformity and recognized as such, the name of the Savannah District

Authority is hereby changed to Savannah Port Authority, and all grants

of powers given it in its name of Savannah District Authority are hereby

confirmed.

Paragraph 5. Effective Date. This Constitution shall become ef fective on June 1, 1965.

On the adoption of Article 10, as amended, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Abney Acree Alien Anderson Andrews Arnsdorff Bagby Ballard Barber Baughman Beck Bedgood Bell Black Blair Blalock, D. B. Blalock, E. Bolton Bowen, A. Bowen, R. L. Bowen, R. W. Brackin Branch Brooks, Geo. B. Brooks, Wilson Brown Busbee Bynum Byrd Caldwell

Causby Chandler Clark, J. T. Clarke, H. G. Coker, G., Dr. Coker, R. Conger Conner Cullens Dean, N. Deen, H. D. Dennard DeVane Dicus Dixon Dorminy Duncan, A. C. Echols Fleming Flournoy Floyd Flynt Fowler, A. A., Jr. Fowler, J. W. Fulford Gibbons Greene Griffin Hale Harrell

Harrington Harris Henderson Herndon Hill Horton House Houston Hull Hurst Isenberg Johnson, A. S., Dr. Johnson, B. Jones, C. M. Jones, M. Jordan, J. E. Jordan, W. H. Keadle Kelly Killian Knight, W. D. Lambert Lane Lee, G. B. Lee, W. J. (Bill) Lee, Wm. S. Leonard Lewis Lokey Lowrey

534

JOURNAL OF THE HOUSE,

Matthews, C. McClelland Milford Milhollin Mitchell Mixon Moate Moore Morgan, H. Murphy Nessmith Newton, A. S. Newton, D. L. Overby Paris Parker Partridge Payton Perry Peterson Phillips Pickard Ponsell Poole

Pope Poss Rainey Raulerson Reaves Rhodes Richardson Rodgers, H. B. Roper Rowland
Scarborough Sewell Shea Simmons Simpson Sinclair Singer Smith, E. B., Jr. Smith, R. R. Smith, V. T. Snow Spikes Stalnaker Steis

Story Strickland
Tabb Todd Tucker, J. B. Tucker, Ray M. Twitty Underwood, J. C. Underwood, R. R. Vaughn Walker Ware Watson Watts Wells, D. W. Wells, H. H. Wiggins Williams, G. J. Williams, W. M. Wilson, Hoke Woodward Hudgins

Those not voting were Messrs. :

Bowen, R. P. Brantley Carr Davis Duncan, J. E. Etheridge Funk Groover Hall Jones, D. C. Jones, F. C. Keyton Kirkland Knight, D. W. Laite

Lindsey Logan Mackay Matthews, D. R. McCracken McDonald McKemie Meeks Melton Morgan, J. H. Mullis Odom Pafford Roberts Rogers, Jimmie

Russell Rutland Shuman Smith, A. C., Jr. Smith, Chas. C. Smith, G. L. II Stuckey Teague Towson Tucker, M. K. Warren White Wilkes Wilson, J. M. Smith, G. T.

On the adoption of Article 10 as amended, the ayes were 160, nays 0.

Article 10 was adopted as amended.

Mr. Bolton of Spalding moved that this House do now adjourn until 9:30 a.m. tomorrow morning and the motion prevailed.

The Speaker announced the House adjourned until 9:30 o'clock a.m. tomorrow morning and HR 6-1 was carried over as unfinished business.

FRIDAY, MAY 29, 1964

535

Eepresentative Hall, Atlanta, Georgia Friday, May 29, 1964.

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

Prayer was offered by Rev. Brooks Partain, Pastor, Ellaville Methodist, Ellaville, Ga.

By unanimous consent the call of the roll was dispensed with.

Mr. Clarke of Monroe, Chairman of the Committee on Auditing, Enrolling, Engrossing and Journals reported that the Journal of the previous legislative day had been read and found to be correct.

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

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. 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 Resolutions of the House were read the first time and referred to the Committees:
HB 64. By Messrs. Wilson and Flournoy of Cobb: A Bill to be entitled an Act to create a board of commissioners of roads and revenues for Cobb County; and for other purposes.
Referred to the Committee on Local Affairs.

536

JOURNAL OF THE HOUSE,

HB 65. By Messrs. Newton and Matthews of Colquitt:
A Bill to be entitled an Act to amend an Act creating and establishing a new charter for the City of Moultrie, so as to change the corporate limits of the City of Moultrie, and for other purposes.
Referred to the Committee on Local Affairs.

HR 57-65. By Mr. Parker of Screven:
A Resolution proposing an amendment to the Constitution so as to repeal a proposed amendment to the Constitution relating to the election of the members of the Board of Education of Screven County by the people; and for other purposes.
Referred to the Committee on Local Affairs.

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

HB 63. By Mr. Tucker of Henry:
A Bill to be entitled an Act to amend an Act placing the sheriff, the Clerk of the Superior Court, and the Ordinary of Henry County on a salary basis in lieu of a fee system, so as to change the compensation of the sheriff and chief deputy sheriff of Henry County; and for other purposes.

SB 13. By Senator Loggins of the 53rd:
A Bill to be entitled an Act to add one additional Judge of the Superior Courts of the Lookout Mountain Judicial Circuit of Georgia; 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 Carlton of the 21st, Webb of the llth, Jackson of the 16th,
Gillis of the 20th and Zorn of the 6th: A Bill to be entitled an Act to provide a comprehensive revision of the election and primary laws and all related laws of this State; and for other purposes.

Mr. Hale of Dade County, Chairman of the Committee on Local Affairs, submitted the following report:

FRIDAY, MAY 29, 1964

537

Mr. Speaker:

Your Committee on Local Affairs has had under consideration the following Bills and Resolutions of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HR 49-59. Do Pass. HR 59. Do Pass. HB 59. Do Pass. HB 60. Do Pass. HB 61. Do Pass. HB 62. Do Pass.

Respectfully submitted,

Hale of Dade,

Chairman.

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

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

HB 20. By Mr. Roberts of Jones:
A Bill to abolish the present method of compensating the sheriff of Jones County, known as the fee system, and to provide in lieu thereof an annual salary for the sheriff; and for other purposes.

HB 26. By Messrs. Tucker and Clark of Catoosa:
A Bill to amend an Act creating the office of Commissioner of Roads and Revenues for Catoosa County, so as to change the amount of the bond required of the said Commissioner of Roads and Revenues of Catoosa County; and for other purposes.

HB 27. By Messrs. Tucker and Clark of Catoosa:
A Bill to change the amount of the bond required of the Clerk of the Superior Court of Catoosa County; and for other purposes.

538

JOURNAL OP THE HOUSE,

HB 28. By Messrs. Tucker and Clark of Catoosa:
A Bill to change the amount of the bond required of the Sheriff of Catoosa County; and for other purposes.

HB 29. By Messrs. Tucker and Clark of Catoosa:
A Bill to amend an Act incorporating the Town of Port Oglethorpe in the counties of Catoosa and Walker, so as to require that all ordinances be read three times before final passage by the mayor and alderman; and for other purposes.

The Senate has passed as amended by the requisite constitutional majority the following Bill of the House to wit:

HB 35. By Mr. Milford of Franklin:
A Bill to incorporate and to grant a new charter to the City of Lavonia; and for other purposes.

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

HR 48-51. By Mr. Paris of Barrow:
A RESOLUTION
Proposing an amendment to the Constitution so as to change the name of the Barrow County Industrial Building Authority; to provide for a different method of appointment of certain members of said Au thority; to authorize Barrow County to levy a tax not to exceed one mill to support said Authority; to repeal Senate Resolution No. 180 adopted at the 1964 session of the General Assembly; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1
Senate Resolution No. 180, adopted at the 1964 session of the General Assembly and found in Georgia Laws 1964, at page 1047, pro posing an amendment to the Constitution so as to authorize Barrow County to levy a tax not to exceed one mill for the purpose of en couraging and promoting the expansion and development of commercial industrial facilities in Barrow County, is hereby repealed in its entirety.

FRIDAY, MAY 29, 1964

539

SECTION 2

Article 5, Section 10 of the Constitution, as amended by an amend ment ratified at the November, 1962 General Election and found in Georgia Laws 1962, at page 1027, creating the Barrow County Industrial Building Authority, is hereby amended by striking Section 1, Paragraph A of said amendment in its entirety and substituting in lieu thereof a new Paragraph A to read as follows:

"A. There is hereby created a body corporate and politic in Barrow County, to be known as the Winder-Barrow Industrial Building Authority, which shall be an instrumentality of Barrow County and the City of Winder and a public corporation, and which in this amendment is hereafter referred to as the 'Authority'."

Said amendment is further amended by striking Section 1, Para graph B, in its entirety and substituting in lieu thereof a new Paragraph B to read as follows:

"B. The Authority shall consist of five members. The President of the Winder-Barrow Chamber of Commerce, the Mayor of the City of Winder, and the Chairman of the Barrow County Board of Com missioners of Roads and Revenues shall be members of the Authority. In addition, the Board of Commissioners of Roads and Revenues of Barrow County shall appoint one member who shall serve for a term of five years and who shall be eligible for reappointment. The Mayor and Council of the City of Winder shall also appoint one member who shall serve for a term of five years and who shall be eligible for re-appointment. Vacancies shall be filled for the unexpired term by the said Board of County Commissioners. A majority of the members shall constitute a quorum and a majority may act for the Authority in any matter. No vacancy shall impair the power of the Authority to act."

Said amendment is further amended by adding at the end of Sec tion 1, Paragraph G, the following:

"Provided, however, the governing authority of Barrow County is hereby authorized to levy a tax not to exceed one (1) mill on all the taxable property located in said County for the purpose of en couraging and promoting the expansion and development of indus trial and commercial facilities in Barrow County, and is hereby authorized to remit to the Authority all or part of the proceeds of the tax levied to be used by the Authority only for the purpose of applying such funds to indebtedness incurred by the Authority, which shall include payment of funds towards the retirement of any revenue bonds or certificates issued by the Authority."

SECTION 3
When the above proposed amendment to the Constitution shall have ~een 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

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their journals with the "Ayes" and "Nays" taken thereon, such pro posed amendment shall be published and submitted as provided in Arti cle XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.

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

"For ratification of amendment to the Constitution changing the name of the Barrow County Industrial Building Authority to the Winder-Barrow Industrial Building Authority and changing the method of appointment of certain members of the Authority and authorizing Barrow County to levy a one mill tax to support the Authority."

"Against ratification of amendment to the Constitution chang ing the name of the Barrow County Industrial Building Authority to the Winder-Barrow Industrial Building Authority and changing the method of appointment of certain members of the Authority and authorizing Barrow County to levy a one mill tax to support the Authority."

All persons desiring to vote in favor of adopting the proposed amend ment shall vote for ratification of the amendment, and all persons desir ing to vote against the adoption of the proposed amendment shall vote against ratification.

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

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

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

Those voting in the affirmative were Messrs.:

Abney Alien Andrews Arnsdorff Ballard Barber Baughman Beck

Bedgood Bell Black Blalock, D. B. Blalock, E. Bolton Bowen, R. L. Bowen, R. W.

Brackin Branch Brantley Brooks, Geo. B. Brooks, Wilson Busbee Byrd Caldwell

FRIDAY, MAY 29, 1964

Carr Chandler Clarke, H. G. Coker, G., Dr. Coker, R. Conner Dean, N. Deen, H. D. Dennard DeVane Dixon Dorminy Duncan, A. C. Duncan, J. E. Echols Fleming Flournoy Floyd Flynt Fowler, J. W. Fulford Gibbons Greene Groover Hale Harrell Harrington Harris Henderson Herndon Horton House Houston Hull Hurst Isenberg Jones, C. M. Jones, M. Jordan, J. E. Jordan, W. H.

Keadle Kelly Killian Kirkland Knight, D. W. Knight, W. D. Laite Lambert Lee, W. J. (Bill) Lee, Wm. S. Lewis Logan Lokey Lowrey Matthews, C. Matthews, D. R. McClelland McKemie Meeks Milford Milhollin Mitchell Mixon Moore Morgan, J. H. Murphy Nessmith Newton, A. S. Newton, D. L. Pafford Paris Parker Partridge Perry Ponsell Poole Pope Poss Raulerson Reaves

Those not voting were Messrs.:

Acree Anderson Bagby Blair Bowen, A. Bowen, R. P. Brown Bynum Causby Clark, J. T. Conger Cullens Davis

Dicus Etheridge Fowler, A. A. Jr. Funk Griffin Hall Hill Johnson, A. S. Dr. Johnson, B. Jones, D. C. Jones, F. C. Keyton Lane

541
Rhodes Richardson Roberts Rodgers, H. B. Rogers, Jimmie Rowland Shea Simpson Sinclair Singer Smith, Chas. C. Smith, E. B., Jr. Smith, G. L. II Snow Spikes Stalnaker Steis Story Strickland Stuckey Tabb Todd Tucker, M. K. Tucker, Ray M. Twitty Underwood, J. C. Underwood, R. R. Vaughn Walker Ware Warren Watts Wells, D. W. Wells, H. H. White Wiggins Wilkes Williams, G. J. Wilson, Hoke Woodward
Lee, G. B. Leonard Lindsey Mackay McCracken McDonald Melton Moate Morgan, H. Mullis Odom Overby Payton

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Peterson Phillips Pickard Rainey Roper Russell Rutland Scarborough

Sewell Simmons Smith, A. C., Jr. Shuman Smith, R. R. Smith, V. T. Teague Towson

Tucker, J. B. Watson Williams, W. M. Wilson, J. M. Hudgins Smith, G. T.

On the adoption of the Resolution, the ayes were 144, nays 0.

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

Under the Special and continuing order of unfinished business, HE 6-1 was again taken up.

The following paragraph was read:

Article 7, Section 1, Paragraph 11. County Resolutions and Regu lations.
(a) The governing authority of each county is hereby granted full power and authority, for the purpose of protecting and preserving the general health, safety and welfare of its inhabitants, to adopt resolutions or regulations, not inconsistent with this Constitution and general statu tory law, relating to the governing and policing of such county. The General Assembly shall provide by general law punishment for the vio lation of such resolutions and regulations. The grant of authority con tained in this Section shall not be deemed to limit or restrict the power of the General Assembly, except that the General Assembly shall not pass any local law which would have the effect of repealing, modifying or superseding any action taken by a county under authority of subparagraphs 1 and 2 of Paragraph 12 (b) of this Section without the assent of a majority of the qualified voters of such county voting in an election for that purpose held as prescribed by law.
(b) Any county is hereby authorized to amend the local acts creating or relating to its county governing authority by following either the procedure set forth in subparagraph 1 or 2 hereof.
1. Local acts creating or relating to a county governing authority may be amended or revised by resolutions duly adopted and concurred in at two regular consecutive meetings of the county governing authority. Any such amendment or revision shall not be valid unless the same con forms to and is consistent with all other provisions of this Constitution and general statutory law. Notices containing a brief and concise synop sis of the proposed amendment or revision shall be published in the

FRIDAY, MAY 29, 1964

543

official county organ once a week for three weeks within sixty days prior to the final adoption of the resolution. The compensation, ex penses and allowances in the nature of compensation received by mem bers of the county governing authority may not be changed by said governing authority, nor otherwise decreased, during the term for which they are elected or appointed. The number of members of the county governing authority, their terms of office, and the districts from which they are elected, if any, may not be changed by said governing authority by the method and procedure contained in this subparagraph 1; nor shall any amendment or revision hereunder be valid, the effect of which would be either to change or repeal an amendment adopted pursuant to a referendum as provided in subparagraph 2 hereof or to change or repeal an amendment or revision enacted by the General Assembly and assented to by a majority of the qualified voters of such county voting in an election for that purpose held as prescribed by law, if adopted prior to the expiration of twelve months following the date of such referendum; nor shall any such laws be amended or revised in the man ner authorized by this subparagraph 1 more frequently than once every six months.

2. Amendments to or revisions of the various local acts creating or relating to a county governing authority may be initiated by petition containing the signatures of at least twenty per centum of the qualified voters of the county specifically setting forth the exact language of the proposed revision or amendment and duly filed with the clerk of superior court of the county and the county governing authority. Any such amendment or revision of said acts shall not be valid unless the same conforms to and is consistent with all other provisions of this Consti tution and general statutory law. The governing authority of the county shall fix a date within ninety days on which a referendum shall be held for the purpose of submitting to the qualified voters of the county for their approval or rejection the proposed amendment or revision. The results of said referendum shall be determined by a majority vote of the qualified voters voting in said referendum and said referendum shall be held in the same manner as is provided by law for elections for members of the General Assembly. Notices of the date of said referendum shall be published once a week for four weeks immediately preceding said referendum in the official organ of the county. Said notices shall contain a brief and concise synopsis of the proposed amend ment or revision and shall state that a copy of the proposed amendment or revision is on file in the office of the clerk of the superior court of the county for the purpose of examination and inspection by the public. Said local acts may not be amended or revised more frequently than once each six months pursuant to the procedure set forth in this subparagraph 2.

The following amendment was read:
Richardson of Chatham moves to amend Committee Substitute for HR 6-1 as follows:
By striking Article 7, Section 1, Paragraph 11 in its entirety and inserting in lieu thereof a new Paragraph 11 to read as follows:

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"Paragraph 11. Home Rule by Counties. The governing authori ty of each county is hereby granted full power and authority to adopt ordinances, resolutions or regulations not inconsistent with the Constitution or general statutory law, provided, however, that any such ordinance, resolution or regulation shall be subject to the power of the General Assembly to repeal, modify or supersede any such action taken by any such governing authority."

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

Those voting in the affirmative were Messrs.

Bynum Clark, J. T. Dicus Dixon Flournoy Horton

Jones, M. Kelly Moore Odom Rhodes

Those voting in the negative were Messrs.:

Acree Alien Anderson Bagby Barber Baughman Beck Bell Black Blair Blalock, D. B. Bolton Bowen, A. Bowen, R. L. Bowen, R. W. Brackin Branch Brooks, Geo. B. Brooks, Wilson Brown, Busbee Byrd Caldwell Carr Causby Chandler Clarke, H. G. Coker, G., Dr. Coker, R. Conger Conner

Cullens Dean, N. Deen, H. D. Dorminy Duncan, A. C. Duncan, J. E. Etheridge Fleming Floyd Flynt Fowler, A. A. Jr. Fowler, J. W. Fulford Gibbons Greene Groover Hale Harrell Harrington Harris Henderson Herndon House Houston Hurst Isenberg Johnson, B. Jones, C. M. Jones, F. C. Jordan, J. E. Jordan, W. H.

Richardson Scarborough Smith, R. R. Tucker, J. B. Wilson, J. M.
Keadle Kirkland Knight, D. W. Laite Lambert Lane Lee, W. J. (Bill) Lee, Wm. S. Leonard Lewis Lokey Lowrey Mackay McKemie Meeks Melton Milford Milhollin Mitchell Mixon Moate Morgan, H. Morgan, J. H. Murphy Newton, D. L. Overby Partridge Payton Perry Phillips Pickard

FRIDAY, MAY 29, 1964

Ponsell Poole Pope Poss Rainey Reaves Roberts Rodgers, H. B. Roper Rowland Shea Simmons Sinclair Smith, A. C., Jr.

Smith, E. B., Jr. Smith, G. L. II Smith, V. T. Snow Spikes Stalnaker Steis Story Strickland Todd Tucker, Ray M. Twitty Underwood, J. C. Underwood, R. R.

Those not voting were Messrs.:

Abney Andrews Arnsdorff Ballard Bedgood Blalock, E. Bowen, R. P. Brantley Davis Dennard DeVane Echols Funk Griffin Hall Hill Hull Johnson, A. S. Dr.

Jones, D. C. Keyton Killian Knight, W. D. Lee, G. B. Lindsey Logan Matthews, C. Matthews, D. R. McClelland McCracken McDonald Mullis Nessmith Newton, A. S. Pafford Paris Parker

645
Vaughn Walker Ware Watson Watts Wells, D. W. Wells, H. H. Wiggins Wilkes Williams, G. J. Williams, W. M. Wilson, Hoke Woodward Hudgins
Peterson Raulerson Rogers, Jimmie Russell Rutland Sewell Shuman Simpson Singer Smith, Chas, C. Stuckey Tabb Teague Towson Tucker, M. K. Warren White Smith, G. T.

On the adoption of the amendment, the ayes were 16, nays 135.

The amendment was lost.

The following amendment was read:

Mr. Paris of Barrow moves to amend Com. Sub. to HR 6-1 as fol lows:
By striking Article 7, Section 1, Paragraph 11 in its entirety and in serting in lieu thereof a new Paragraph to read as follows:
"Paragraph 11. Home Rules for Counties. The General Assembly shall provide by law the method by which the governing authority

546

JOURNAL OF THE HOUSE,

of each county may be granted authority to adopt ordinances, reso lutions or regulations for the purpose of protecting and preserving the general health, safety and welfare of its inhabitants."

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 Anderson Bedgood Bowen, R. L. Brackin Brooks, Geo. B. Bynum Chandler Etheridge Fleming Flournoy Floyd Harrington Jones, C. M. Kelly

Killian Kirkland Knight, W. D. Lane Lee, Wm. S. Matthews, C. McCracken Meeks Milford Milhollin Mixon Moate Moore Morgan, H. Murphy

Those voting in the negative were Messrs.:

Acree Alien Barber Baughman Beck Bell Black Blair Blalock, D. B. Bolton Bowen, A. Bowen, R. W. Brooks, Wilson Brown Busbee Byrd Caldwell Causby Clarke, H. G. Coker, G., Dr. Coker, R. Conner Dean, N. Deen, H. D. Dicus Dixon

Dorminy Duncan, A. C. Duncan, J. E. Echols Flynt Fowler, A. A. Jr. Fowler, J. W. Fulford Gibbons Greene Groover Hale Harrell Harris Henderson Herndon Horton House Hurst Isenberg Johnson, B. Jones, M. Jordan, J. E. Jordan, W. H. Keadle Knight, D. W.

Nessmith Odom Paris Rainey Richardson Rowland Scarborough Smith, R. R. Teague Todd Tucker, J. B. Wells, D. W. Williams, G. J. Wilson, J. M.
Laite Lambert Lee, W. J. (Bill) Leonard Lewis Lowrey Mackay McKemie Melton Mitchell Morgan, J. H. Newton, D. L. Overby Partridge Payton Perry Phillips Ponsell Poole Pope Reaves Rhodes Shea Simmons Sinclair Smith, A. C., Jr.

FRIDAY, MAY 29, 1964

Smith, E. B., Jr. Smith, V. T. Snow Spikes Stalnaker Steis Story Strickland

Tucker, Ray M. Twitty Underwood, J. C. Underwood, R. R. Vaughn Walker Ware Watson

Those not voting were Messrs.:

Andrews Arnsdorff Bagby Ballard Blalock, E. Bowen, R. P. Branch Brantley Carr Clark, J. T. Conger Cullens Davis Dennard DeVane Funk Griffin Hall Hill Houston Hull

Johnson, A. S. Dr. Jones, D. C.
Jones, F. C. Keyton Lee, G. B. Lindsey Logan Lokey Matthews, D. R. McClelland McDonald Mullis Newton, A. S. Pafford Parker Peterson Pickard Poss Raulerson Roberts

547
Watts Wells, H. H. Wiggins Wilkes Williams, W. M. Woodward
Rodgers, H. B. Rogers, Jimmie Roper Russell Rutland Sewell Shuman Simpson Singer Smith, Chas. C. Smith, G. L. II Stuckey Tabb Towson Tucker, M. K. Warren White Wilson, Hoke Hudgins Smith, G. T.

On the adoption of the amendment, the ayes were 44, nays 100.

The amendment was lost.

The following amendment was read:
Mr. Bolton of Spalding moves to amend Committee substitute to HR 6-1 as follows:
Bolton of Spalding, Busbee of Dougherty, Twitty of Mitchell, Groover of Bibb, Bell of Richmond, Killian of Glynn and Clarke of Monroe moves to amend Committee Substitute to HR 6-1 as follows:
By striking Article 7, Section 1, Paragraph 11 in its entirety and inserting in lieu thereof a new Paragraph 11 to read as follows:

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"Paragraph 11. Home Rule for Counties.

"(a) The governing authority of each county is hereby granted full power and authority, for the purpose of protecting and pre serving the general health, safety and welfare of its inhabitants, to adopt ordinances, resolutions or regulations, not inconsistent with this Constitution or general statutory law. The grant of authority contained in this Section shall not be deemed to limit or restrict the power of the General Assembly, except that the General As sembly shall not pass any local law which would have the effect of repealing, modifying or superseding any action taken by a county under authority of this Section.

"(b) Except as provided in subparagraph (c), any county is hereby authorized to amend or repeal the local acts creating or relating to its county governing authority by following either of the procedures set forth in subparagraph 1 or 2 hereof.

"1. Local acts creating or relating to a county governing au thority may be amended or repealed by resolutions or ordinances duly adopted and concurred in at two regular consecutive meetings of the county governing authority, which shall not be held during the same calendar week. No amendment hereunder shall be valid if such amendment is inconsistent with any provision of this Con stitution or general statutory law. Notices containing a brief and concise synopsis of the proposed amendment or repeal shall be pub lished in the official county organ once a week for three weeks within sixty days prior to the final adoption of the resolution. No amendment or repeal hereunder shall be valid, the effect of which would be either to change or repeal an amendment adopted pursuant to a referendum as provided in subparagraph 2 hereof or to change or repeal an amendment or revision enacted by the General As sembly and assented to by a majority of the qualified voters of such county voting in an election for that purpose held as prescribed by law, if adopted prior to the expiration of twelve months following the date of such referendum.

"2. Amendments to or repeals of the various local acts creating or relating to a county governing authority may be initiated by petition containing the signatures of at least ten per centum of the qualified voters of the county specifically setting forth the exact language of the proposed amendment or repeal and duly filed with the clerk of superior court of the county and the county governing authority. No amendment hereunder shall be valid if such amend ment is inconsistent with any provision of this constitution or general statutory law. The governing authority of the county shall fix a date within ninety days from the filing of such petition on which a referendum shall be held for the purpose of submitting to the quali fied voters of the county for their approval or rejection the pro posed amendment or repeal. The results of said referendum shall be determined by a majority vote of the qualified voters voting in said referendum and said referendum shall be held in the same manner as is provided by law for elections for members of the General Assembly. Notices of the date of said referendum shall be

FRIDAY, MAY 29, 1964

549

published once a week for four weeks immediately preceding said referendum in the official organ of the county. Said notices shall contain a brief and concise synopsis of the proposed amendment or repeal and shall state that a copy of the proposed amendment or repeal is on file in the office of the clerk of the superior court of the county for the purpose of examination and inspection by the public. Said local acts may not be amended or repealed more fre quently than once each six months pursuant to the procedure set forth in this subparagraph 2.

"(c) The power granted in subparagraphs (a) and (b) above shall not cover the following matters, but they may be dealt with by a local act of the General Assembly.

"1. A change in any elective county office or the election, quali fications, term, compensation, expenses or allowances in the nature of compensation, or the removal of any elective county officer or his employees, except the employees of such county governing au thority.

"2. The composition and form of the county governing authori-
ty.

"3. A change in the taxing power as to purpose or limitation.

"4. Any provision which provides for establishment of criminal offenses, or which provides for any criminal punishment."

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

Those voting in the affirmative were Messrs.

Alien Andrews Arnsdorff Bagby Barber Beck Bedgood Bell Blair Blalock, D. B. Bolton Bowen, A. Branch Brantley Brooks, Wilson Brown Busbee Bynum

Byrd Caldwell Carr Chandler Clarke, H. G. Coker, R. Conger Conner Dean, N. Deen, H. D. Dicus Dixon Duncan, A. C. Duncan, J. E. Echols Etheridge Fowler, A. A., Jr. Fowler, J. W.

Fulford Gibbons Greene Groover Hale Harrell Harrington Harris House Houston Hurst Isenberg Johnson, B. Jones, F. C. Jones, M. Jordan, J. E. Jordan, W. H. Killian

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Kirkland Knight, D. W. Laite Lambert Lee, W. J. (Bill) Lee, Wm. S. Lewis Lokey Lowrey Mackay Matthews, C. McKemie Melton Milhollin Mitchell Moore Morgan, J. H. Newton, D. L. Overby Partridge

Payton Perry Phillips Pickard Pope
Poss Reaves Rhodes Richardson Rodgers, H. B. Shea Simmons Sinclair Smith, A. C., Jr. Smith, E. B., Jr. Smith, G. L. II Smith, V. T. Snow Spikes Steis

Story Strickland Tucker, Ray M. Twitty Underwood, J. C. Underwood, R. R. Vaughn Walker Ware Watson Watts Wells, D. W. Wells, H. H. Wiggins Wilkes Williams, W. M. Woodward Hudgins

Those voting in the negative were Messrs.

Abney Acree Anderson Baughman Black Bowen, R. L.
Bowen, R. W. Brooks, Geo. B. Causby Clark, J. T. Coker, G., Dr. Cullens Dorminy Fleming Floyd Flynt Henderson

Herndon Horton Hull Keadle Kelly Lane Leonard McCracken Meeks Milford Mixon Moate Morgan, H. Murphy Nessmith Odom Paris

Parker Ponsell Poole Rainey Roberts Roper Rowland Scarborough Singer Smith, R. R. Stalnaker Todd Tucker, J. B. Williams, G. J. Wilson, Hoke

Those not voting were Messrs.:

Ballard Blalock, E. Bowen, R. P. Brackin Davis Dennard DeVane Flournoy Funk Griffin Hall Hill

Johnson, A. S., Dr. Jones, C. M. Jones, D. C. Keyton Knight, W. D. Lee, G. B. Lindsey Logan Matthews, D. R. McClelland McDonald Mullis

Newton, A. S. Pafford Peterson Raulerson Rogers, Jimmie Russell Rutland Sewell Shuman Simpson Smith, Chas. C. Stuckey

Tabb

H

Teague

||

Towson

FRIDAY, MAY 29, 1964
Tucker, M. K. Warren White

551
Wilson, J. M. Smith, G. T.

On the adoption of the amendment, the ayes were 112, nays 49.

The amendment was adopted.
Paragraph 11 was adopted as amended.
Messrs. Jones of Liberty and Blalock of Clayton stated that they would like to be recorded as voting "Aye".
The following paragraphs were read:

SECTION 2
MUNICIPAL CORPORATIONS
Paragraph 1. Creation of Municipal Corporations by the General Assembly. No municipality shall be incorporated, dissolved, merged or consolidated with any other municipality except by local act of the General Assembly. Municipal boundaries shall not be changed except by local act of the General Assembly or by such methods as the General Assembly shall provide by law. Each incorporated municipality is here by granted full power and authority to amend its charter as hereinafter provided, and to pass ordinances, relating to its local affairs, property and government, and to provide for the general health, safety and wel fare of its inhabitants. This grant of authority shall not be deemed to limit or restrict the power of the General Assembly, except the Gen eral Assembly shall not pass any local law which would have the effect of repealing, modifying or superseding any action amending or revis ing its charter taken by a municipal governing body under authority of this Section without the assent of a majority of the qualified voters of such municipality voting in an election for that purpose held as pre scribed by law.
Paragraph 2. Salary of Municipal Employees; How Fixed. The governing authority of each incorporated municipality is authorized to fix the salary, compensation and expenses of the municipal officers and employees and to provide insurance, retirement and pension benefits, coverage under Federal Old Age and Survivors' Insurance programs, hospitalization benefits, and workmen's compensation benefits, for its officers and employees, their dependents and survivors, and for public school teachers and personnel, their dependents and survivors, provided

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that all such payments for public school teachers and personnel shall be paid from education funds. Compensation, expenses and allowances in the nature of compensation received by members of the municipal governing authority may not be changed by said governing authority, nor otherwise decreased, during the term for which they are elected or appointed. The number of members of the municipal governing author ity, their terms of office and the districts or wards from which they are elected may not be changed by said governing authority by the method and procedure contained in subparagraph 4 (a) of this Section.

Paragraph 3. Municipal Planning and Zoning. The governing au thority of each municipality is empowered to enact appropriate planning and zoning ordinances for public safety, historic, health, business, resi dential or recreational purposes. Such governing authority is hereby authorized to establish planning and zoning commissions in conjunction with any combination of other municipalities and counties. The General Assembly is hereby authorized to provide by law for such joint planning and zoning commissions and provide the powers and duties thereof. Such governing authority is hereby authorized to participate in the costs of such planning commission.

Paragraph 4. Procedures to Amend Charters of Municipal Cor porations. Any municipal corporation in this State is hereby authorized to amend and revise its charter, consistent with all other provisions of this Constitution, by following either the procedure set forth in subparagraph (a) or (b) hereof.

(a) Municipal charters may, from time to time, be amended or revised by an ordinance, after having been duly adopted and concurred in at two regular consecutive meetings of the municipal governing au thority; provided, however, no amendment or revision hereunder shall be valid, the effect of which would be to change or repeal an amend ment or revision adopted pursuant to a referendum as provided in subparagraph (b) hereof, or the effect of which would be to change or repeal an amendment or revision enacted by the General Assembly and assented to by a majority of the qualified voters of such municipality voting in an election for that purpose held as prescribed by law, if adopted prior to the expiration of twelve months following the date of such referendum; nor shall any municipal corporation be authorized to amend or revise its charter in the manner authorized by this subparagraph (a) more frequently than once every six months. Any such amendment or revision shall not be valid unless the same conforms to and is consistent with all other provisions of this Constitiition and gen eral statutory law. Notices containing a brief and concise synopsis of the propsed amendment or revision shall be published in a newspaper of general circulation in the municipality or the official organ of the county of the legal situs of the municipality once a week for three weeks within sixty days prior to the final adoption of the ordinance. Said notices shall state that a copy of the proposed amendment or revision is on file in the office of the recording officer or clerk of the municipal governing body for examination and inspection by the public.

(b) Revision of municipal charters and amendments thereto may be initiated by petition containing the signatures of at least twenty per

FRIDAY, MAY 29, 1964

553

centum of the qualified voters of the municipality specifically setting forth the exact language of the proposed amendment or revision and duly filed with the recording officer or clerk of the municipal governing body. Any such amendment or revision of the municipal charter shall not be valid unless the same conforms to and is consistent with all other provisions of the Constitution and general statutory law. The municipal governing authority shall fix a date, within ninety days after the filing of the petition, on which a referendum shall be held for the purpose of submitting to the qualified voters of the municipality for their approval or rejection the proposed charter amendment or revision. The results of said referendum shall be determined by a majority vote of the qualified voters voting in said referendum, and said referendum shall be held in the same manner as is provided by law for elections for members of the General Assembly. Notices of the date of said referendum shall be published once a week for four weeks immediately preceding said refer endum in a newspaper of general circulation within the municipality or the official organ of the county of the legal situs of the municipality. Said notices shall contain a brief and concise synopsis of the proposed revision or amendment, and shall state that a copy of the proposed amendment or revision is on file in the office of the recording officer or clerk of the municipal governing body for examination and inspec tion by the public. In any event no charter of any municipal corporation may be amended or revised more frequently than once every six months pursuant to the method set forth in this subparagraph (b).

The following amendment was read:
Bolton of Spalding, Busbee of Dougherty, Twitty of Mitchell, Groover of Bibb, Bell of Richmond, Killian of Glynn and Clarke of Monroe move to amend Committee Substitute to HR 6-1 as follows:
By striking Article 7, Section 2, Paragraph 1, Paragraph 2 and Paragraph 4 in their entirety and substituting in lieu thereof new Paragraphs 1, 2 and 3 to read as follows and by renumbering Para graph 3 of said Article and Section as Paragraph 4:
"Paragraph 1. Creation, Dissolution, Merger, Boundary Changes. No municipality shall be incorporated, dissolved, merged or consolidated with any other municipality and no municipal boundaries shall be changed except by local act of the General As sembly or by such methods as the General Assembly shall provide by law.
"Paragraph 2. Home Rule for Municipalities, (a) The govern ing authority of each municipality is hereby granted full power and authority, for the purpose of protecting and preserving the general health, safety and welfare of its inhabitants, to adopt ordinances, resolutions or regulations not inconsistent with this Constitution or general statutory law. The grant of authority contained in this Sec tion shall not be deemed to limit or restrict the power of the General Assembly, except that the General Assembly shall not pass any

554

JOURNAL OF THE HOUSE,

local law which would have the effect of repealing, modifying or superseding any action taken by a municipality under authority of this Section.

"(b) Except as provided in subparagraph (c), any municipal ity is hereby authorized to amend its charter by following either of the procedures set forth in subparagraph 1 or 2 hereof.

"1. Municipal charters may, from time to time, be amended by ordinances duly adopted and concurred in at two regular con secutive meetings of the municipal governing authority, which shall not be held during the same calendar week. No amendment hereunder shall be valid if such amendment is inconsistent with any provision of this Constitution or general statutory law. Notices containing a brief and concise synopsis of the proposed amendment shall be published in a newspaper of general circulation in the municipality or the official organ of the county of the legal situs of the municipality once a week for three weeks within sixty days prior to the final adoption of the ordinances. Said notices shall state that a copy of the proposed amendment or revision is on file in the office of the recording officer or clerk of the municipal governing body for examination and inspection by the public. No amendment or repeal hereunder shall be valid, the effect of which would be either to change or repeal an amendment adopted pursuant to a referendum as provided in subparagraph 2 hereof and to change or repeal an amendment or revision enacted by the General Assembly and assented to by a majority of the qualified voters of such mu nicipality voting in an election for that purpose held as prescribed by law, if adopted prior to the expiration of twelve months follow ing the date of such referendum.

"2. Amendments to municipal charters may be initiated by petition containing the signatures of at least ten per centum of the qualified voters of the municipality specifically setting forth the exact language of the proposed amendment and duly filed with the recording officer or clerk of the municipal governing body. No amendment shall be valid if such amendment is inconsistent with any provision of this Constitution or any general statutory law. The municipal governing authority shall fix a date within ninety days from the filing of such petition on which a referendum shall be held for the purpose of submitting to the qualified voters of the municipality for their approval or rejection, the proposed chart er amendment. The results of said referendum shall be determined by a majority vote of the qualified voters voting in said referendum and said referendum shall be held in the same manner as is provided by law for elections for members of the General Assembly. Notices of the date of said referendum shall be published once a week for four weeks immediately preceding said referendum in a newspaper of general circulation within the municipality or the official organ of the county of the legal situs of the municipality. Said notices shall contain a brief and concise synopsis of the proposed amend ment or repeal and shall state that a copy of the proposed amend ment is on file in the office of the recording officer or clerk of the municipal governing body for examination and inspection by the

FRIDAY, MAY 29, 1964

555

public. In any event no charter of any municipality may be amended more frequently than once each six months pursuant to the method set forth in this subparagraph 2.

"(c) The power granted in subparagraphs (a) and (b) shall not cover the following matters, but they may be dealt with by local act of the General Assembly.
"1. The compensation, expenses and allowances, in the nature of compensation, received by members of the municipal governing authority.
"2. The number of members of the municipal governing au thority, their terms of office and the districts or wards from which they are elected.
"3. A change in the taxing power.
"4. A change in charter provisions relating to the establishment and operations of an independent school system.
"5. A change in or repeal of the manner of the municipality's participation in the operation of the county school system in a coun ty where a municipality by law now participates in the county school system.
"6. Nothing inconsistent with the criminal provisions of any city charter.

"Paragraph 3. Salary of Municipal Employees; How Fixed. The governing authority of each incorporated municipality is au thorized to fix the salary, compensation and expenses of the munici pal officers and employees and to provide insurance, retirement and pension benefits, coverage under Federal Old Age and Survivors' Insurance programs, hospitalization benefits, and workmen's com pensation benefits, for its officers and employees, their dependents and survivors, and for public school teachers and personnel, their dependents and survivors, provided that all such payments for public school teachers and personnel shall be paid from education funds."

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 Alien Anderson Andrews Arnsdorff Bagby Barber Baughman

Beck Bedgood Bell Blair Blalock, D. B. Bolton Bowen, A. Bowen, R. L.

Bowen, R. W. Brackin Branch Brantley Brooks, Geo. B. Brooks, Wilson Brown Busbee

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JOURNAL OP THE HOUSE,

Bynum Byrd Caldwell Carr Chandler Clarke, H. G. Coker, G., Dr. Coker, R. Conger Conner Deen, H. D. Dicus Dixon Dorminy Duncan, A. C. Duncan, J. E. Echols Etheridge Flournoy Floyd Fowler, A. A., Jr. Fowler, J. W. Fulford Gibbons Greene Groover Hale Harrell Harrington Harris Henderson Herndon Hill Horton House Houston

Hull Hurst Isenberg Johnson, B. Jones, C. M. Jones, F. C. Jones, M. Jordan, J. E. Jordan, W. H. Killian Kirkland Knight, D. W. Knight, W. D. Laite Lee, W. J. (Bill) Lee, Wm. S. Lewis Lokey Lowrey Mackay Matthews, C. McKemie Meeks Melton Milhollin Mitchell Mixon Moate Moore Morgan, J. H. Newton, D. L. Overby Payton Perry Phillips Pickard

Ponsell Poole Pope Poss Reaves Rhodes Richardson Roberts Rowland Shea Simmons Simpson Sinclair Smith, E. B., Jr. Smith, G. L. II Smith, R. R. Smith, V. T. Snow Spikes Steis Story Tucker, Ray M. Twitty Underwood, R. R. Vaughn Ware Watson Watts Wiggins Wilkes Williams, G. J. Williams, W. M. Wilson, Hoke Woodward Hudgins

Those voting in the negative were Messrs.:

Acree Black Causby Clark, J. T. Cullens Fleming Keadle

Kelly Leonard McCracken Morgan, H. Murphy Nessmith Odom

Paris Scarborough Singer Strickland Todd Tucker, J. B.

Those not voting were Messrs.:

Ballard Blalock, E. Bowen, R. P. Davis Dean, N. Dennard

DeVane Flynt Funk Griffin Hall Johnson, A. S., Dr.

Jones, D. C. Keyton Lambert Lane Lee, G. B. Lindsey

Logan Matthews, D. R. McClelland McDonald Milford Mullis Newton, A. S. Pafford Parker Partridge Peterson Rainey

FRIDAY, MAY 29, 1964
Raulerson Rodgers, H. B. Rogers, Jimmie Roper Russell Rutland Sewell Shuman Smith, A. C., Jr. Smith, Chas. C. Stalnaker Stuckey

557
Tabb Teague Towson Tucker, M. K. Underwood, J. C. Walker Warren Wells, D. W. Wells, H. H. White Wilson, J. M. Smith, G. T.

On the adoption of the amendment, the ayes were 131, nays 20.

The amendment was adopted.

Paragraphs 1, 2, 3, and 4 were adopted as amended.

The following paragraph was read:
SECTION 3
SLUM CLEARANCE AND REDEVELOPMENT
Paragraph 1. Slum Clearance and Redevelopment. The General Assembly may provide by law that any county, municipal corporation or housing authority, or any combination thereof, may undertake and carry out slum clearance and redevelopment work, including the ac quisition and clearance of areas which are predominantly slum or blighted areas, the preparation of such areas for re-use, and the sale or other disposition of such areas to private enterprise for private uses or to public bodies for public uses. Any such work shall constitute a governmental function undertaken for public purposes, and the powers of taxation and eminent domain may be exercised and public funds expended in furtherance thereof. However, only general obligation bonds may be used as a method of financing such slum clearance and rede velopment work.
The following amendment was read:
Flournoy of Cobb moves to amend Committee Substitute to HR 6-1 as follows:

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By adding at the end of Article 7, Section 3, a new paragraph to be numbered Paragraph^-..--.- to read as follows:

"Paragraph._..___. Prior to undertaking or carrying out any specific slum clearance or redevelopment work, such specific project must be approved in a referendum by the electors of the political subdivision in which such project is proposed to be located; if lo cated within a municipal corporation, by the electors of such mu nicipality and if located without a municipal corporation, by the electors of the county in which the same is proposed to be located; and the General Assembly shall provide by law the manner of con ducting such referendum."

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

Those voting in the affirmative were Messrs.

Brooks, Geo. B. Chandler Dorminy Fleming Flournoy Harrington Harris

Kirkland Lee, Wm. S. Matthews, D. R. Milford Mixon Morgan, H. Nessmith

Those voting in the negative were Messrs.

Abney Alien Andrews Arnsdorff Ballard Barber Bedgood Bell Black Blair Blalock, D. B. Bolton Bowen, A. Bowen, R. W. Brackin Branch Brooks, Wilson Brown Byrd Clarke, H. G. Coker, G., Dr. Coker, R. Conger Dean, N.

Deen, H. D. DeVane Duncan, A. C. Etheridge Floyd Fowler, J. W. Fulford Gibbons Greene Griffin Groover Hale Harrell Henderson Herndon House Houston Hull Hurst Isenberg Johnson, B. Jones, F. C. Jones, M. Jordan, J. E.

Paris Rhodes Smith, R. R. Steis Story Williams, G. J.
Jordan, W. H. Keadle Kelly Knight, D. W. Knight, W. D. Laite Lee, W. J. (Bill) Lewis Mackay Matthews, C. McClelland McCracken McKemie Moore Newton, A. S. Overby Parker, H. W. Partridge Perry Phillips Pope Poss Rainey Richardson

FRIDAY, MAY 29, 1964

Rodgers, H. B. Rowland Shea Sinclair Singer Smith, A. C., Jr. Smith, E. B., Jr. Spikes

Stalnaker Tucker, Ray M. Twitty Underwood, J. C. Underwood, R. R. Vaughn Walker Watson

Those not voting were Messrs. :

Acree Anderson Bagby Baughman Beck Blalock, E. Bowen, R. L. Bowen, R. P. Brantley Busbee Bynum Caldwell Carr Causby Clark, J. T. Conner Cullens Davis Dennard Dicus Dixon Duncan, J. E. Echols Flynt Fowler, A. A., Jr. Funk Hall Hill Horton Johnson, A. S., Dr.

Jones, C M. Jones, L>. C. Keyton Killian Lambert Lane Lee, G. B. Leonard Lindsey Logan Lokey Lowrey McDonald Meeks Melton Milhollin Mitchell Moate Morgan, J. H. Mullis Murphy Newton, D. L. Odom Pafford Payton Peterson Pickard Ponsell Poole Raulerson

559
Watts Wells, D. W. Wells, H. H. Wiggins Wilkes Williams, W. M. Woodward Hudgins
Reaves Roberts Rogers, Jimmie Roper Russell Rutland Scarborough Sewell Shuman Simmons Simpson Smith, Chas. C. Smith, G. L. II Smith, V. T. Snow Strickland Stuckey Tabb Teague Todd Towson Tucker, J. B. Tucker, M. K. Ware Warren White Wilson, Hoke Wilson, J. M. Smith, G. T.

On the adoption of the amendment, the ayes were 20, nays 96.

The amendment was lost. The following amendment was read:

Mr. McClelland of Fulton moves to amend Com. Sub. for HR 6-1 as follows:

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By striking in its entirety the last sentence of Article 7, Section 3,

1

Paragraph 1, which reads as follows:

"However, only general obligation bonds may be used as a method of financing such slum clearance and redevelopment work."

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 Andrews Arnsdorff Ballard Barber Baughman Bedgood Bell Black Blair Blalock, D. B. Bolton Bowen, A. Bowen, R. W. Brackin Brantley Brooks, Wilson Brown Byrd Carr Clarke, H. G. Coker, G., Dr. Coker, R. Conger Deen, H. D. DeVane Dixon Dorminy Duncan, A. C. Echols Etheridge Fleming Flournoy Floyd Fowler, A. A., Jr. Fowler, J. W. Fulford Gibbons Greene

Griffin Groover Hale Harrell Harrington Harris Herndon House Houston Hull Hurst Isenberg Jones, M. Jordan, J. E. Jordan, W. H. Keadle Kelly Killian Kirkland Knight, D. W. Knight, W. D. Lee, W. J. (Bill) Lewis Lokey Lowrey Mackay Matthews, C. Matthews, D. R. McClelland McCracken McKemie Milford Milhollin Moore Murphy Newton, A. S. Overby Parker Partridge

Payton Perry Phillips Poole Pope Poss Raulerson Richardson Rodgers, H. B. Rowland Shea Simmons Sinclair Singer Smith, A. C., Jr. Smith, E. B., Jr. Spikes Stalnaker Steis Todd Tucker, Ray M. Twitty Underwood, J. C. Underwood, R. R. Vaughn Walker Watson Watts Wells, D. W. Wells, H. H. Wiggins Wilkes Williams, G. J. Williams, W. M. Wilson, Hoke Woodward Hudgins

FRIDAY, MAY 29, 1964

Those voting in the negative were Messrs.:

Beck Bowen, R. L. Brooks, Geo. B. Chandler Henderson

Lee, Wm. S. Meeks Mixon Morgan, H. Nessmith

Those not voting were Messrs.:

Acree Alien Anderson Bagby Blalock, E. Bowen, R. P. Branch Busbee Bynum Caldwell Causby Clark, J. T. Conner Cullens Davis Dean, N. Dennard Dicus Duncan, J. E. Flynt Funk Hall Hill Horton Johnson, A. S., Dr.

Johnson, B. Jones, C. M. Jones, D. C. Jones, F. C. Keyton Laite Lambert Lane Lee, G. B. Leonard Lindsey Logan McDonald Melton Mitchell Moate Morgan, J. H. Mullis Newton, D. L. Odom Pafford Peterson Pickard Rainey Reaves

561
Paris Ponsell Rhodes Smith, R. R. Story
Roberts Rogers, Jimmie Roper Russell Rutland Scarborough Sewell Shuman Simpson Smith, Chas. C. Smith, G. L. II Smith, V. T. Snow Strickland Stuckey Tabb Teague Towson Tucker, J. B. Tucker, M. K. Ware Warren White Wilson, J. M. Smith, G. T.

On the adoption of the amendment, the ayes were 115, nays 15.

The amendment was adopted. Paragraph 1 was adopted as amended.

Mr. Bolton of Spalding asked unanimous consent that the House reconsider its action in adopting Article 7 Section 1 paragraph 8 (a) 10.

The consent was granted and the House has reconsidered.

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The following1 paragraph was read:

10. Provide insurance, retirement and pension benefits, coverage under Federal Old Age and Survivors' Insurance programs, hospitalization benefits, and workmen's compensation benefits for its officers and employees, their dependents and survivors, and for public school teach ers and personnel, their dependents and survivors; provided that all such payments for public school teachers and personnel shall be paid from education funds.

The following amendment was read and adopted:
Mr. Bolton of Spalding moves to amend Com. Sub for HR 6-1 as follows:
By adding in Article 7 Section 1 Paragraph 8 (a) 10 after the words "provided that all such payments for public school teachers and personnel:" the words "their dependents and survivors."
Paragraph 8 (a) 10 was adopted as amended.

On the adoption of Article 7 as amended, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Alien Anderson Andrews Arnsdorff Bagby Barber Baughman Beck Bedgood Bell Black Blair Blalock, D. B. Bolton Bowen, A. Bowen, R. L. Bowen, R. W. Brackin Branch Brantley Brooks, Geo. B. Brooks, Wilson Brown

Bynum Byrd Caldwell Carr Chandler Clark, J. T. Clarke, H. G. Coker, G., Dr. Coker, R. Conger Conner Dean, N. Deen, H. D. DeVane Dicus Dixon Dorminy Duncan, A. C. Duncan, J. E. Echols Etheridge Fleming Flournoy

Floyd Fowler, A. A., Jr. Fowler, J. W. Fulford Gibbons Greene Groover Hale Harrell Harrington Harris Henderson Herndon Hill Horton House Houston Hull Hurst Isenberg Jones, C. M. Jones, F. C. Jones, M.

Jordan, J. E. Jordan, W. H. Keadle Kelly Killian Kirkland Knight, D. W. Knight, W. D. Laite Lee, W. J. (Bill) Lee, Wm. S. Lewis Lokey Lowrey Maekay Matthews, C. McCracken McKemie Meeks Melton Milhollin Mitchell Mixon Moate Moore Morgan, H. Morgan, J. H.

FRIDAY, MAY 29, 1964
Nessmith Newton, D. L. Odom Overby Paris Parker Partridge Payton Perry Phillips Pickard Ponsell Poole Pope Poss Reaves Rhodes Richardson Roberts Rodgers, H. B. Roper Rowland Scarborough Shea Simnions Simpson Sinclair

Those voting in the negative were Messrs.:

Acree Causby

Leonard Milford

Those not voting were Messrs.:

Abney Ballard Blalock, E. Bowen, R. P. Busbee Cullens Davis Dennard Flynt Funk Griffin Hall Johnson, A. S., Dr. Johnson, B. Jones, D. C. Keyton Lambert

Lane Lee, G. B. Lindsey Logan Matthews, D. R. McClelland McDonald Mullis Newton, A. S. Pafford Peterson Rainey Raulerson Rogers, Jimmie Russell Rutland Sewell

563
Singer Smith, A.C., Jr. Smith, E. B., Jr. Smith, G. L., II Smith, V. T. Snow Spikes Stalnaker Steis Story Strickland Tucker, J. B. Tucker, Ray M. Underwood, R. R. Vaughn Walker Ware Watson Watts Wells, H. H. Wiggins Williams, G. J. Williams, W. M. Wilson, Hoke Woodward Hudgins
Murphy
Shuman Smith, Chas. C. Smith, R. R. Stuckey Tabb Teague Todd Towson Tucker, M. K. Twitty Underwood, J. C. Warren Wells, D. W. White Wilkes Wilson, J. M. Smith, G. T.

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On the adoption of Article 7 as amended, the ayes were 149, nays 5.

Article 7 was adopted as amended.

Mr. Groover of Bibb asked unanimous consent that the House reconsider its action in adopting- Article 4, Section 7 paragraph 3.

The consent was granted and the House has reconsidered.

The following paragraph was read:
Paragraph 3. How Returns Published. The members of each house of the General Assembly shall convene in the Representative Hall, and the President of the Senate and the Speaker of the House of Represen tatives shall open and publish the returns in the presence and under the direction of the General Assembly; and the person having the majority of the whole number of votes, shall be declared duly elected to each of said offices; but if the person having received a majority of the whole number of votes shall not be in life, the incumbent officer shall continue to serve until an election by the electors can be held in the manner pre scribed by the General Assembly; but, if no person shall have received such majority, then from the two persons having received the highest number of votes, if both such persons shall be in life, the General Assem bly shall immediately elect such officer by a roll call vote; and in all cases of election of any such officer by the General Assembly, a majority of the members shall be necessary to a choice. However, in the event that no person shall have received a majority of the whole number of votes in the general election, and if either of the two persons having received the highest number of votes shall not be in life, the incumbent officer shall continue to serve until an election by the electors can be held in the manner prescribed by the General Assembly.

The following amendment was read and adopted:
Bolton of Spalding, Twitty of Mitchell and Groover of Bibb move to amend Committee Substitute for HR 6-1 as follows:
By adding in Article 4, Section 7, Paragraph 3 after the words "the incumbent officer shall continue to serve until an election by the electors can be held in the manner prescribed by the General Assembly", as such words appear in two places in said Paragraph, the words "which election shall be held not less than sixty nor more than one hundred twenty days from the date of the convening of that General Assembly", in both of said places in said Paragraph.
Paragraph 3 was adopted as amended.

FRIDAY, MAY 29, 1964

565

Article 4 was adopted as amended.

The following paragraphs were read and adopted:
SECTION 4
GENERAL PROVISIONS APPLICABLE TO ALL
LOCAL UNITS
Paragraph 1. Consolidation of Governments. The General Assem bly may provide for the consolidation of any or all of the governmental and corporate functions now or hereafter vested in municipal corpora tions with the governmental and corporate functions now or hereafter vested in the counties in which such municipal corporations are located; provided, such consolidation shall not become effective until submitted to the qualified voters residing within the municipal corporation and in the county outside thereof, and approved by a majority of those voting in the municipality and by a majority of those voting in the county out side the municipal corporation.
Paragraph 2. Filing and Publication of Laws. No amendment or revision of any local act made pursuant to Paragraph 12 of Section 1 of this Article or of any charter made pursuant to Paragraph 4 of Section 2 of this Article shall become effective until a copy of such amendment or revision, a copy of the required notice of publication, and an affidavit of a duly authorized representative of the newspaper in which such notice was published to the effect that said notice has been published as provided in said Paragraphs, has been filed with the Secretary of State. The Secretary of State shall provide for the publi cation and distribution of all such amendments and revisions at least annually.

The following Section of the Constitution was read and adopted:
Section 2. That when this amendment shall have been agreed to by two-thirds of the members elected to each of the two Houses of the General Assembly, the same shall be entered on their journals with the "ayes" and "nays" taken thereon and shall be published and submitted to the people for ratification or rejection as one single amendment to the Constitution at the next General Election in November, 1964, as pro vided by law. Those voting in favor of the ratification of the amendment herein proposed shall have written or printed on their ballots the words "for the amendment revising the Constitution". Those voting against the ratification of the amendment herein proposed shall have written or printed on their ballots the words "against the amendment revising the Constitution". If a majority of those voting vote for the amendment revising the Constitution when the results are certified to the Governor, he shall proclaim the amendment revising the Constitution of 1945 as the revised Constitution of Georgia.

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JOURNAL OF THE HOUSE,

The report of the Committee which was favorable to the adoption of the resolution, by substitute, was agreed to, as amended.

On the adoption of the resolution, by substitute, as amended, the roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Messrs.

Alien Anderson Andrews Arnsdorff Bagby Ballard Barber Baughman Beck Bedgood Bell Black Blair Blalock, D. B. Blalock, E. Bolton Bowen, A. Bowen, R. L. Bowen, R. W. Brackin Branch Brantley Brooks, Geo. B. Brooks, Wilson Brown Busbee Bynum Byrd Caldwell Carr Chandler Clark, J. T. Clarke, H. G. Coker, G., Dr. Coker, R. Conger Conner Cullens Dean, N. Deen, H. D. DeVane Dicus Dixon

Dorminy Duncan, A. C. Duncan, J. E. Echols Etheridge Fleming Flournoy Floyd Fowler, A. A., Jr. Fowler, J. W. Fulford Gibbons Greene Griffin Groover Hale Hall Harrell Harrington Henderson Herndon Hill Horton House Houston Hull Hurst Isenberg Jones, C. M. Jones, F. C. Jones, M. Jordan, J. E. Jordan, W. H. Keadle Kelly Killian Knight, D. W. Knight, W. D. Laite Lane Lee, W. J. (Bill) Lee, Wm. S. Lewis

Lokey Lowrey Mackay Matthews, C. Matthews, R. R. McClelland McCracken McKemie Meeks Melton Milhollin Mitchell Mixon Moate Moore Morgan, H. Morgan, J. H. Nessmith Newton, A. S. Newton, D. L. Overby Paris Parker Partridge Payton Perry Phillips Pickard Ponsell Pope Poss Rainey Reaves Rhodes Richardson Roberts Rodgers, H. B. Roper Rowland Shea Simmons Simpson Sinclair

Singer Smith, A. C., Jr. Smith, E. B., Jr. Smith, G. L., II Smith, R. R. Smith, V. T. Snow Spikes Stalnaker Steis Story

FRIDAY, MAY 29, 1964
Strickland Tucker, J. B. Tucker, Ray M. Twitty Underwood, R. R. Vaughn Walker Ware Warren Watson Watts

Those voting in the negative were Messrs.:

Acree Causby Harris

Leonard Milford Odom

Those not voting were Messrs.:

Abney Bowen, R. P. Davis Dennard Flynt Funk Johnson, A. S., Dr. Johnson, B. Jones, D. C. Keyton Kirkland Lambert

Lee, G. B. Lindsey Logan McDonald Mullis Murphy Pafford Peterson Raulerson Rogers, Jimmie Russell Rutland

567
Wells, H. H. White Wiggins Wilkes Williams, G. J. Williams, W. M. Wilson, Hoke Wilson, J. M. Woodward Hudgins
Poole Scarborough Todd
Sewell Shuman Smith, Chas. C. Stuckey Tabb Teague Towson Tucker, M. K. Underwood, J. C. Wells, D. W. Smith, G. T.

On the adoption of the resolution, by substitute, as amended, the ayes were 161, nays 9.

The resolution, having received the requisite constitutional two-thirds ma jority, was adopted, by substitute, as amended.

Messrs. Johnson of Warren, Underwood of Montgomery, Murphy of Haralson, Poole of Pickens and Kirkland of Tattnall stated that they would like to be re corded as voting "Aye" on HR 6-1.

Mr. Mackay of DeKalb offered the following explanation of his vote:
I have voted for this proposed constitution revision in order to permit it to be considered by the State Senate. I understand that the Senate will

568

JOURNAL OF THE HOUSE,

propose changes which would remove serious objections I find in the House version. I do not approve it for submission to the people in its present form.

Mr. Bolton of Spalding moved that this 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.

MONDAY, JUNE 1, 1964

569

Representative Hall, Atlanta, Georgia Monday, June 1, 1964.

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

Prayer was offered by Rev. Kermit Gore, Pastor, First Baptist Church, Bremen, Georgia.

By unanimous consent the call of the roll was dispensed with.

Mr. Clarke of Monroe, Chairman of the Committee on Auditing, Enrolling, Engrossing and Journals reported that the Journal of the previous legislative day had been read and found to be correct.

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

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. 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 Resolutions of the House and Senate were read for the second time:

HB 64. By Messrs. Wilson and Flournoy of Cobb:
A Bill to be entitled an Act to create a board of commissioners of roads and revenues for Cobb County; and for other purposes.

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JOURNAL OF THE HOUSE,

HB 65. By Messrs. Newton and Matthews of Colquitt:
A Bill to be entitled an Act to amend an Act creating and establishing a new charter for the City of Moultrie, so as to change the corporate limits of the City of Moultrie, and for other purposes.

HE 57-65. By Mr. Parker of Screven: A Resolution proposing an amendment to the Constitution so as to repeal a proposed amendment to the Constitution relating to the election of the members of the Board of Education of Screven County by the people; and for other purposes.
SB 1. By Senators Carlton of the 21st, Webb of the llth, Jackson of the 16th, Gillis of the 20th and Zorn of the 6th: A Bill to be entitled an Act to provide a comprehensive revision of the election and primary laws and all related laws of this State; and for other purposes.
The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has adopted by the requisite constitutional majority the following Resolution of the House to wit:

HR 55. By Messrs. Clarke of Monroe and House of Bibb:
A Resolution relative to the attendance of the National Boy Scouts of American Jamboree by the Central of Georgia Council of the Boy Scouts of America; and for other purposes.

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

HB 59. By Mr. Andrews of Stephens:
A Bill to be entitled an Act to amend an Act incorporating the City of Toccoa, so as to provide for the establishment of a Civil Service Board and to designate the qualifications and personnel thereof, and for other purposes.

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

MONDAY, JUNE 1, 1964

571

On the passage of the Bill, the ayes were 120, nays 0.

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

HB 60. By Mr. Baughman of Early:
A Bill to be entitled an Act creating the office of Tax Commissioner of Early County, and fixing the compensation of said office, and for other purposes.

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

On the passage of the Bill, the ayes were 120, nays 0.

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

HB 61. By Mr. Meeks of Union:
A Bill to be entitled an Act to amend an Act abolishing the offices of Tax Collector and Tax Receiver of Union County, and creating the office of Tax Commissioner of Union County, so as to change the salary of the Tax Commissioner, and for other purposes.

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

On the passage of the Bill, the ayes were 120, nays 0.

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

The following Bill of the House was taken up for the purpose of considering the Senate amendments thereto:

HB 35. By Mr. Milford of Franklin:
A Bill to be entitled an Act to incorporate and to grant a new charter for the City of Lavonia, and for other purposes.

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JOURNAL OP THE HOUSE,

The following Senate amendment was read:

AMENDMENT OF HOUSE BILL NO. 35

NEW CHARTER - CITY OF LAVONIA

Amend House Bill No. 35 as follows:

(1) Section 9 (a). Amend this paragraph by adding the word "and" between the words "water" and "gas" and deleting the words "electricity and other public utilities", so that said paragraph shall read as follows:

"(a) Buy and sell water and gas at cost or for a profit, both within and without the territorial boundaries of the city. Erect, establish, and operate all facilities including lines, mains, pipes, machinery, plants, and structures necessary for the maintenance and operation of such utilities, including the repair and replacement of the same."

(2) Section 9(g). Amend this paragraph by deleting the words "electric and/or", so that said paragraph shall read as follows:

"(g) Contract with other municipalities and political subdivi sions, and to cooperate with the other municipalities and political subdivisions, in acquiring, establishing, constructing, building, main taining and/or operating such garbage disposal, water, sewerage, gas plants, lines and/or facilities, and streets, sidewalks and parks with and/without the limit of the city, as well as library and other insti tutions, utilities and/or services, in addition to existing plants, sys tems, building, facilities, lines and services as the council may at any time deem for the best interest of said city."

(3) Section 16. Amend this section by deleting the word "electric" from this section so that said section shall read as follows:

"Utilities--Furnishing services and facilities .The city shall have the power and authority to operate, enlarge, expand, extend, improve, construct, lay, maintain, remove, repair and replace water and natural gas lines, sewer and sanitary systems and facilities, within and without the city, and to charge, contract for and receive compensation for such service, and on such terms and conditions as may be prescribed by the city ordinance, and for such purposes the city shall have the power of eminent domain which it is hereby authorized to exercise to acquire by condemnation any lands, ease ments, rights of way and other properties or rights therein deemed needful or convenient for any purposes when necessary to acquire the same."

(4) Section 50. Amend this section by deleting from this section the words "light plants", so that said section shall read as follows:

"Power to condemn land and property for public use. The city

MONDAY, JUNE 1, 1964

573

shall have the power and authority to condemn under the rules and methods and regulations provided by law, land and property for any public use, to-wit: for streets, alleys, sidewalks, ditches, drain age, public playgrounds, parks, public libraries, waterworks, ceme teries, jails and for any and all public uses, when needed."

(5) Section 54. Amend this section by deleting the words "public utilities of the city, including", so that said section shall read as follows:

"Bond issues authorized for street improvements. The city may, in the manner prescribed by law, provide by ordinance for the is suing of bonds for enlarging or extending the waterworks, sewerage, natural gas, street and/or other public improvements."

Mr. Milford of Franklin moved that the House agree to the Senate amendment.

On the motion to agree, the ayes were 110, nays 0.

The Senate amendment to HB 35 was agreed to.

The following Communication was received and read and requested to be shown in today's Journal.
Hon. Quimby Melton, Jr.
Chairman, Committee on Education
House of Representatives
Dear Quimby:
I believe the members of the General Assembly would like to know something about the Country Doctor Law through which the State is providing physicians for general practice in small communities of 5,000 population or less. This is the law that was sponsored by our distinguished friend, the Honorable Chappelle Matthews of Clarke County back in 1951. Chappelle introduced this Bill, worked for its pass age, and worked for its approval in the November Election of 1952. Then he worked for the appropriation of funds to finance the program. The General Assembly allocates $150,000 each year to the State Medical Edu cation Board.
The County Doctor Law provides scholarships of $5,000 each to qualified students of outstanding scholastic ability but who do not have funds to finance their medical education. The provisions of the law insure that the State of Georgia cannot lose. The scholarship recipient

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JOURNAL OF THE HOUSE,

pays back in one of two ways; (1) For each thousand dollars received, he may practice one year in a rural community that is approved by the Board, or (2) He may repay in cash at 4% interest.

During the ten years that the scholarship program has been in existence, nearly 400 have received scholarships. There are now 132 in medical college, 32 are serving internships, 24 are serving residencies, and 36 are in military service. Approximately 100 doctors are practicing now in rural communities as a result of the scholarship program. Over 25 additional doctors will begin practice after July 1 making a total of 125. When these scholarship recipients complete their five years of prac tice in repayment of their obligation to the State, they rarely move from their communities. For example, I have learned that of nine doctors com pleting their obligations to the State in July, only one of these is leaving his place of practice. This doctor will secure additional training at the Medical College of Georgia. He will not leave the State of Georgia but will return to a community in Georgia to practice when he completes his training. In the meantime, another doctor who will begin practice this year under the program will no doubt take over this doctor's fine prac tice.

The State Medical Education Board has provided physicians for such towns as Jonesboro, Woodstock, Blairsville, Villa Rica, Eastman, Jesup, Arlington, Hahira, Byromville, and many many other communi ties.

The Board keeps in very close contact with the doctors practicing and every year makes a check to find out how the practice of each doctor is progressing, and if the doctor contemplates a change. In nearly every instance, the doctor is well satisfied with his practice, he sees from 30 to 100 patients a day, and he does not contemplate a change.

A small percentage of the scholarship recipients repay their scholar ship in cash with interest.

This is one program which is paying rich dividends to the State of Georgia at the present time and will continue to be a source of great benefit as these needy young men and women who do not have any money are able to fit themselves for maximum service as a physician, through which the State benefits by the additional health service urgently needed and from an economic point of view as well. No longer is a medical edu cation available only to the wealthy boys or girls.

I think the members of the General Assembly should learn first hand about the work of this program that was made possible through the dedicated work of Chappelle Matthews who has continued to this day his fine work and leadership in this and other programs of this kind.

L. R. Siebert, Executive Secretary Board of Regents University System of Georgia

MONDAY, JUNE 1, 1964

575

Mr. McClelland of Fulton moved that this House do now adjourn until 2:00 o'clock p.m. tomorrow afternoon and the motion prevailed.

The Speaker announced the House adjourned until 2:00 o'clock p.m. tomorrow afternoon.

576

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Representative Hall, Atlanta, Georgia Tuesday, June 2, 1964.

The House met pursuant to adjournment at 2:00 o'clock, P.M., this day and was called to order by the Speaker.

Prayer was offered by Rev. Fred Shelnutt, First Methodist Church, Canton, Ga.

By unanimous consent the call of the roll was dispensed with.

Mr. Clarke of Monroe, Chairman of the Committee on Auditing, Enrolling, Engrossing and Journals reported that the Journal of the previous legislative day had been read and found to be correct.

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

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions.
2. First reading and reference of House Bills and Resolutions.
3. 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. Busbee of Dougherty County, Chairman of the Committee on Judiciary, submitted the following report:
Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bill

TUESDAY, JUNE 2, 1964

577

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

SB 1 Do Pass, as Amended. Respectively submitted, Busbee of Dougherty, Chairman.

The following amendment was read:

HR 58. By Mr. Lane of Bulloch:
A RESOLUTION
Requesting the Governor's Commission on Efficiency and Economy in Government to investigate the Stone Mountain Memorial Association; and for other purposes.
WHEREAS, the Stone Mountain Memorial Association is responsible for the development of Stone Mountain; and
WHEREAS, the development of Stone Mountain is of vital import ance to the State of Georgia because of its ability to attract tourist trade into the State; and
WHEREAS, in order to insure the proper development of Stone Mountain the State has invested large sums of money; and
WHEREAS, because of the large investment of State money in the Stone Mountain Memorial Association and improvement of Stone Moun tain the proper administration of the Memorial and of the Association is of utmost importance to the taxpayers of this State; and
WHEREAS, reports have been recently published concerning irregu larities in the administration of the Stone Mountain Memorial Park and the Stone Mountain Association; and
WHEREAS, some of said reports have indicated financial irregulari ties; and
WHEREAS, because of the importance of this project to the tax payers of the State of Georgia the taxpayers should be properly informed of all aspects of the Association and of the Memorial project.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body does hereby request the Cover-

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nor's Commission on Efficiency and Economy in Government to thorough ly investigate all aspects of the Stone Mountain Memorial Association with particular regard to the development of the Stone Mountain Memo rial project.

BE IT FURTHER RESOLVED that this Body does hereby request said Commission to issue its recommendations for whatever action it deems necessary in attempting to insure proper administration of the Association and of the Stone Mountain Memorial project itself.

Mr. Lane of Bulloch asked unanimous consent that further consideration of HR 58 be postponed until tomorrow, June 3, 1964 and the consent was granted.

Further consideration of HR 58 was postponed until Wednesday, June 3, 1964.

The following resolutions of the House were read and adopted:

HR 59. By Mr. Knight of Berrien:
A RESOLUTION
Commending Mrs. Miriam B. Griffin; and for other purposes.
WHEREAS, the Nashville Woman's Club has recently named Mrs. Miriam B. Griffin as Nashville's "Woman of the Year"; and
WHEREAS, she was named Berrien County's "Teacher of the Year" in 1957; and
WHEREAS, she was President of the Berrien Education Associa tion during 1961-62; and
WHEREAS, she is a member of the Berrien Education Association and presently the Eighth District Representative on the Public Relations Committee of the Georgia Education Association; and
WHEREAS, she has been teaching in Berrien County Schools for seventeen years; and
WHEREAS, she is a dedicated and faithful member of the Nash ville Methodist Church and for more than a decade she has been choir director; and
WHEREAS, the honor of Woman of the Year is a fitting tribute to her many years of outstanding community service.

TUESDAY, JUNE 2, 1964

579

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend Mrs. Miriam B. Griffin for being selected as Nashville's "Woman of the Year".

BE IT FURTHER RESOLVED that the Clerk of the House of Rep resentatives is hereby authorized and directed to transmit an appropriate copy of this Resolution to Mrs. Miriam B. Griffin.

HR 60. By Messrs. Bynum of Rabun, Kelly of Jasper, Horton of Putnam, and many others:
A RESOLUTION
Commending Honorable James A. "Jim" Andrews; and for other purposes.
WHEREAS, Jim Andrews was elected as a member of the House of Representatives from Stephens County in 1960; and
WHEREAS, although he had only been a member of the House of Representatives for one term, Governor Carl E. Sanders recognized his leadership qualities and appointed him as an Assistant Administration Floor Leader after being elected Governor in 1962; and
WHEREAS, Jim Andrews is the only member of the General Assem bly from North Georgia who is also an officer of the General Assembly; and
WHEREAS, because of his rural background and native ability, Jim Andrews has been a leading force solving many of the rural-urban problems which have confronted the members of the General Assembly during the past four years; and
WHEREAS, Jim Andrews has served his constituents with dignity, honor, and a high degree of achievement; and
WHEREAS, he has gained the respect, admiration, affection, and confidence of all the members of this body with whom he has served.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby sincerely commend Honorable James A. "Jim" Andrews for the many hours of personal labor which he has devoted to public service and for the outstanding leadership abilities which he has demonstrated during this Extraordinary Session of the General Assembly as well as past Regular arid Extra ordinary Sessions of the General Assembly.
BE IT FURTHER RESOLVED that each and every member of this body does hereby express to the Honorable James A. "Jim" Andrews that it is indeed an honor to serve with such a youthful, capable, and straightforward legislator as the gentleman from Stephens.

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JOURNAL OF THE HOUSE,

BE IT FURTHER RESOLVED that as a token of our esteem the Clerk of the House of Representatives is hereby authorized and directed to transmit an appropriate copy of this Resolution with the seal of the House affixed thereto to the Honorable James A. "Jim" Andrews and to the members of his family.

HR 61. By Mr. Lane of Bulloch:
A RESOLUTION
Creating an Interim Committee to study and investigate the Stone Mountain Memorial Association and the Stone Mountain Project; and for other purposes.
WHEREAS, the Stone Mountain Project is vitally important to the development of tourism in the State and promises to contribute greatly to Georgia's economy; and
WHEREAS, the State has invested large sums of money in improve ments at Stone Mountain; and
WHEREAS, there have recently been published reports of financial irregularities in the administration of the park;
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there be created an Interim Committee to consist of five (5) members of the House of Representatives who shall be named by the Speaker and that such Committee shall make a compre hensive inquiry into the Stone Mountain Memorial Association and the Stone Mountain Project and report its findings to appropriate authorities at the earliest possible time.
BE IT FURTHER RESOLVED that said Committee shall utilize the services of the State Law Department to determine whether there has been any violation of State laws, and that said Committee may call upon other agencies of the State which might properly assist with various aspects of the investigation.
BE IT FURTHER RESOLVED that the Committee created by this Resolution shall receive the compensation per diem, expenses and allow ances authorized for members of interim legislative committees. The funds necessary to carry out the purpose, powers and authority of this Resolution shall come from funds appropriated to or available to the legislative branch of government.
BE IT FURTHER RESOLVED that the Committee shall make a report of its investigation, recommendations and studies as set forth in this Resolution to the House of Representatives at the 1965 Session of the General Assembly on or before January 11, 1965, and said Committee shall stand abolished as of that date.

TUESDAY, JUNE 2, 1964

581

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

HR 49-59. By Vaughn of Rockdale:
A RESOLUTION
To amend a Resolution proposing an amendment to Article VII, Section VI, Paragraph I of the Constitution (Resolution Act. No. 90, Ga. Laws 1962, p. 768), which authorizes the General Assembly to create the Rockdale County-Conyers Water Authority, so as to recreate the Rockdale County-Conyers Water Authority and to broaden the scope of the powers which the General Assembly may confer upon said Rockdale County-Conyers Water Authority; 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
A Resolution proposing an amendment to Article VII, Section VI, Paragraph I of the Constitution (Resolution Act No. 90, Ga. Laws 1962, p. 768), which authorizes the General Assembly to create the Rockdale County-Conyers Water Authority, is hereby amended by striking the quoted language in Section 1 in its entirety and inserting in lieu thereof the following:
"The General Assembly is hereby authorized to create by local act the Rockdale County-Conyers Water Authority. Such Authority, if created, shall be authorized to:
"(a) acquire, construct, operate and maintain projects em bracing sources of water supply and the distribution and sale of water and to do all things and to take all actions relative to the construction, maintenance and operation of a water system. The General Assembly may by local act authorize and empower the Rockdale County-Conyers Water Authority to acquire, construct, operate and maintain storm and sanitary sewerage collection, treat ment and disposal systems or projects and to combine the same with any projects embracing sources of water supply and the distribu tion and sale of water and operate said combined systems or pro jects as an undertaking. The General Assembly may further author ize and empower said Authority to issue water and sewerage revenue bonds and to pledge to the payment thereof the revenues of said water and sewerage systems and such taxes of Rockdale County and the City of Conyers as the General Assembly may authorize for the purpose of aiding the Authority in its undertakings. The General Assembly may further authorize and empower said Au thority to assume the operation of any water system or sewerage system, or any combination thereof, of either the City of Conyers

582

JOURNAL OF THE HOUSE,

or Rockdale County or both, and, with the consent of the holders thereof, assume the payment of the principal of and the interest and premium, if any, on any revenue obligations heretofore issued, with respect to any such system by either the City of Conyers of Rockdale County.

"(b) The General Assembly shall provide for the composition of the Authority and for all other matters relative thereto, includ ing duties, powers, and authority. The General Assembly may au thorize the Authority to issue revenue bonds and may authorize Rockdale County and the City of Conyers to levy taxes for the pur pose of aiding the Authority. The General Assembly may also pro vide that the Authority shall have the right to assume the operation of the water system of either said county or city, or both, and may provide that, in the event revenue bonds or certificates of either have been issued, such bonds or certificates may be assumed by the Authority, upon approval of the holders thereof. If such Authority is created by the General Assembly, the law creating the same shall contain all necessary provisions relative to said Authority. The law creating such Authority shall provide that it shall not come into existence without the approval of both the governing authority of Rockdale County and the governing authority of the City of Con yers."
SECTION 2

When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such pro posed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.

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

"For ratification of amendment to the Constitution so as to recreate the Rockdale County-Conyers Water Authority and to broaden the scope of the powers which the General Assembly may confer upon said Rockdale County-Conyers Water Authority.

"Against ratification of amendment to the Constitution so as to recreate the Rockdale County-Conyers Water Authority and to broaden the scope of the powers which the General Assembly may confer upon said Rockdale County-Conyers Water Authority."

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

If such amendment shall be ratified as provided in said Paragraph

TUESDAY, JUNE 2, 1964

583

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

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

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

Those voting in the affirmative were Messrs.:

Abney Alien Anderson Andrews Bagby Ballard Barber Baughman Beck Bedgood Black Blalock, D. B. Blalock, E. Bowen, R. L. Bowen, R. W. Bowen, R. P. Brackin Branch Brantley Brooks, Geo. B. Brooks, Wilson Brown Busbee Bynum Byrd Caldwell Carr Causby Clark, J. T. Clarke, H. G. Coker, G., Dr. Coker, R. Conner Davis Dean, N. Deen, H. D.

Dennard Dicus Duncan, A. C. Duncan, J. E. Echols Etheridge Flournoy Floyd Flynt Fowler, A. A., Jr. Fowler, J. W. Fulford Funk Gibbons Groover Hale Hall Harrell Harris Henderson Herndon Hill H orton House Johnson, A. S., Dr. Johnson, B. Jones, C. M. Jones, F. C. Jones, M. Jordan, J. E. Jordan, W. H. Keadle Kelly Keyton Knight, D. W. Knight, W. D.

Laite Lane Lee, W. J. (Bill) Lee, Wm. S. Leonard Lewis Lokey Lowrey Mackay Matthews, C. Matthews, D. R. McClelland McCracken McKemie Milford Milhollin Mitchell Mixon Moore Morgan, J. H. Murphy Nessmith Newton, D. L. Odom Overby Pafford Paris Parker Partridge Peterson Phillips Ponsell Poole Pope Rainey Raulerson

584
Rhodes Richardson Roberts Rodgers, H. B. Rogers, Jimmie Roper Rowland Russell Scarborough Shea Simpson Sinclair Singer Smith, A. C., Jr. Smith, Chas. C.

JOURNAL OF THE HOUSE,

Smith, E. B., Jr. Smith, R. R. Smith, V. T. Snow Spikes Stalnaker Steis Story Stuckey Tabb Todd Towson Tucker, J. B. Tucker, M. K. Tucker, Ray M.

Twitty Underwood, J. C. Vaughn Walker Ware Warren Watts Wells, D. W. Wells, H. H. Wiggins Williams, G. J. Wilson, Hoke Wilson, J. M. Woodward Hudgins

Those not voting were Messrs.:

Acree Arnsdorff Bell Blair Bolton Bowen, A. Chandler Conger Cullens DeVane Dixon Dorminy Fleming Greene Griffin Harrington Houston Hull

Hurst Isenberg Jones, D. C. Killian Kirkland Lambert Lee, G. B. Lindsey Logan McDonald Meeks Melton Moate Morgan, H. Mullis Newton, A. S. Payton Perry

Pickard Poss Reaves Rutland Sewell Shuman Simmons Smith, G. L. II Strickland Teague Underwood, R. R. Watson White Wilkes Williams, W. M. Smith, G. T.

On the adoption of the Resolution, the ayes were 153, nays 0.

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

Mr. Lane of Bulloch asked unanimous consent that the following Resolution of the House be withdrawn from further consideration:

HR 58. By Mr. Lane of Bulloch: A Resolution requesting the Governor's Commission on Efficiency and

TUESDAY, JUNE 2, 1964

585

Economy in Government to investigate the Stone Mountain Memorial Association, and for other purposes.

The consent was granted and HE 58 was withdrawn from further considera tion.

Under the General Order of Business, the following Bill of the Senate was taken up for consideration and read the third time:

SB 1. By Senators Carlton of the 21st, Webb of the llth, Jackson of the 16th, and others:
A Bill to be entitled an Act to provide a comprehensive revision of the election and primary laws and all related laws of this State, and for other purposes.

Mr. Busbee of Dougherty asked unanimous consent that further consideration of SB 1 be postponed until tomorrow, June 3, 1964 and the consent was granted.

Further consideration on SB 1 was postponed until Wednesday, June 3, 1964.

Mr. Bynum of Rabun moved that this House do now adjourn until 10:30 a.m. o'clock tomorrow morning and the motion prevailed.

The Speaker announced the House adjourned until 10:30 o'clock a.m. tomor row morning.

586

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia Wednesday, June 3, 1964

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

Prayer was offered by Rev. Fred McLendon, Pastor, Millen Methodist Church, Millen, Ga.

By unanimous consent the call of the roll was dispensed with.

Mr. Clarke of Monroe, Chairman of the Committee on Auditing, Enrolling, Engrossing and Journals reported that the Journal of the previous legislative day had been read and found to be correct.

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

The Journal was confirmed.

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. 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 of the House was read the first time and referred to the Committee:

HB 66. By Messrs. Wilson and Flournoy of Cobb: A Bill to be entitled an Act to amend an Act creating a new Charter

WEDNESDAY, JUNE 3, 1964

587

for the City of Marietta, so as to change the corporate limits of the City of Marietta; and for other purposes.
Referred to the Committee on Local Affairs.

Mr. Hale of Dade County Chairman of the Committee on Local Affairs sub mitted the following report:
Mr. Speaker:
Your Committee on Local Affairs has had under consideration the following Bills and Resolutions of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 63. Do Pass. HB 65. Do Pass. HR 57-65. Do Pass.
Respectfully submitted, Hale of Dade Chairman.

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

HB 63. By Mr. Tucker of Henry:
A Bill to be entitled an Act to amend an Act placing the sheriff, the clerk of the superior court, and the ordinary of Henry County on a salary basis in lieu of a fee system, and for other purposes.

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

On the passage of the Bill, the ayes were 110, nays 0.

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

HB 65. By Messrs. Newton and Matthews of Colquitt:
A Bill to be entitled an Act to amend an Act creating and establishing a new charter for the City of Moultrie, so as to change the corporate limits of the City of Moultrie, and for other purposes.

588

JOURNAL OP THE HOUSE,

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

On the passage of the Bill, the ayes were 110, nays 0.

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

HR 57-65. By Mr. Parker of Screven:
A RESOLUTION
Proposing an amendment to the Constitution so as to repeal a pro posed amendment to the Constitution relating to the election of the members of the Board of Education of Screven County by the people; to provide for the election of the members of the Board of Education of Screven County by the people; to provide the procedure connected there with; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1
A Resolution proposing an amendment to the Constitution so as to provide for the election of the members of the Board of Education of Screven County by the people (Ga. Laws 1964, p. 835), is hereby re pealed in its entirety.
SECTION 2
Article VIII, Section V, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following:
"The Board of Education of Screven County shall be composed of seven (7) members to be elected as hereinafter provided. Posi tions on the Board shall be numbered 1 through 7, respectively, and shall coincide with the educational districts hereinafter provided for.
"For the purposes of electing members to the Board of Educa tion of Screven County, Screven County is divided into the following educational districts: District No. 1, which shall be composed of Georgia Militia District No. 34; District No. 2, which shall be com posed of Georgia Militia District Nos. 37, 38 and 260; District No. 3, which shall be composed of Georgia Militia District No. 1676; District No. 4, which shall be composed of Georgia Militia District Nos. 259 and 36; District No. 5, which shall be composed of Georgia Militia District No. 1653; and District No. 6, which shall be com-

WEDNESDAY, JUNE 3, 1964

589

posed of Georgia Militia District Nos. 80 and 1286. Candidates offering for the above positions on the Board of Education of Screven County shall reside within that district which corresponds with the position on the Board for which they offer as candidates. Members shall be elected to the Board only by those electors which reside within the district for which they offer for election. The chairman of the Screven County Board of Education shall be Post No. 7, and he may reside within any district and shall be elected by the voters of the entire county. In the event this amendment is ratified at the general election in 1964, it shall be the duty of the ordinary of Screven County to issue the call for an election for the purpose of electing the members of the Board of Education of Screven County created herein. Such call shall be issued within ten (10) days from the date of such ratification, and the ordinary shall set the date for such election for a day not less than twenty (20) nor more than thirty (30) days from the date of the issuance of the call. It shall be the duty of the ordinary to publish the date of the election and the purpose thereof once a week for two weeks im mediately preceding the date of the election in the official organ of Screven County. Candidates for membership on the board shall qualify with the ordinary from the date of the issuance of the call up until ten (10) days prior to the date of the election. Those mem bers elected to Post Nos. 1, 2 and 3 shall serve for a term of office of two (2) years and until their successors are elected and qualified. Those members elected to Post Nos. 4, 5, 6 and 7 shall serve for a term of office of four (4) years and until their successors are elected and qualified. All seven (7) members elected in said election shall take office on January 1, 1965. Thereafter, all successors to the initial members of the Board of Education of Screven County shall be elected in that general election held in that year in which the term of office shall expire and shall take office on January 1 following their election and shall serve for a term of office of four (4) years and until their successors are elected and qualified. In the event a vacancy occurs on the board for any reason other than the expiration of a term of office, the remaining members of the board shall elect a person to serve for the unexpired term. The Board of Education in existence at the time of the ratification of this amendment shall continue in existence through December 31, 1964, but the terms of all members of such board shall expire at that time, and such Board of Education shall stand abolished. The board created herein shall be the successor to such abolished board, and such board and the members thereof shall be subject to all con stitutional and statutory provisions relative to county boards of education and to county board members unless such provisions are in conflict with the provisions of this amendment."

SECTION 3
When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such pro posed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.

590

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

"For ratification of amendment to the Constitution so as to provide for the election of the members of the Board of Education of Screven County by the people.

"Against ratification of amendment to the Constitution so as to provide for the election of the members of the Board of Educa tion of Screven County by the people."

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

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

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

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

Those voting in the affirmative were Messrs.:

Abney Acree Anderson Arnsdorff Bagby Ballard Barber Beck Bedgood Black Blair Blalock, D. B. Bolton Bowen, A. Bowen, R. L.
Bowen, R. W. Brackin Branch

Brantley Brooks, Wilson Brown Busbee Byrd Caldwell Carr Causby Chandler Clark, J. T. Clarke, H. G. Coker, G., Dr. Coker, R. Conner Cullens
Davis Dean, N. Deen, H. D.

Dennard DeVane Dicus Dorminy Duncan, A. C. Duncan, J. E. Echols Etheridge Flournoy Flynt Fowler, A. A., Jr. Fulford Funk Gibbons Groover
Hall Harrell Harrington

WEDNESDAY, JUNE 3, 1964

Harris Henderson Hill Hurst Isenberg Johnson, A. S., Dr. Johnson, B. Jones, C. M. Jones, F. C. Jones, M. Jordan, J. E. Keadle Keyton Killian Kirkland Knight, D. W. Knight, W. D. Laite Lambert Lane Lee, W. J. (Bill) Lee, Wm. S. Leonard Lewis Lindsey Lokey Lowrey Mackay Matthews, C. Matthews, D. R. McClelland McCracken McKemie

Meeks Melton Milhollin Mitchell Mixon Moore Morgan, H. Morgan, J. H. Murphy Nessmith Newton, A. S. Odom Pafford Parker Partridge Perry Peterson Phillips Pickard Ponsell Poole Pope Raulerson Reaves Rhodes Richardson Roberts Rogers, Jimmie Roper Rowland Russell Sewell Shea

591
Simmons Simpson Sinclair Singer Smith, R. R. Snow Spikes Stalnaker Steis Story Strickland Tabb Teague Todd Towson Tucker, J. B. Tucker, Ray M. Twitty Underwood, J. C. Underwood, R. R. Walker Ware Warren Watson Watts Wells, D. W. Wells, H. H. White Wiggins Williams, G. J. Woodward Hudgins

Those not voting were Messrs.:

Alien Andrews Baughman Bell Blalock, E. Bowen, R. P. Brooks, Geo. B. Bynum Conger Dixon Fleming Floyd Fowler, J. W. Greene Griffin Hale Herndon Horton

House Houston Hull Jones, D. C. Jordan, W. H. Kelly Lee, G. B. Logan McDonald Milford Moate Mullis Newton, D. L. Overby Paris Payton Poss Rainey

Rodgers, H. B. Rutland Scarborough Shuman Smith, A. C., Jr. Smith, Chas. C. Smith, E. B., Jr. Smith, G. L. II Smith, V. T. Stuckey Tucker, M. K. Vaughn Wilkes Williams, W. M. Wilson, Hoke Wilson, J. M. Smith, G. T.

592

JOURNAL OF THE HOUSE,

On the adoption of the Resolution, the ayes were 152, nays 0.

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

The following Resolution of the House was read and adopted:

HR 62. By Messrs. Abney of Walker, Smith of Grady, and many others:
A RESOLUTION
Extending a sincere welcome to Edna Elizabeth Knight and con gratulations to the Honorable and Mrs. William D. (Jack) Knight; and for other purposes.
WHEREAS, the Honorable William D. (Jack) Knight, Representa tive from Berrien County, and his lovely wife, the former Jane Frances Stallings, have recently become the proud parents of a fine young daughter, Edna Elizabeth Knight, born April 25, 1964, in Nashville, Berrien County, Georgia.
WHEREAS, the members of this body share with the Honorable and Mrs. W. D. (Jack) Knight their happiness at this wonderful event.
WHEREAS, the members of this body are delighted to have as a citizen of the State of Georgia the said Edna Elizabeth Knight.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body extends its sincerest congratula tions to the Honorable and Mrs. William D. (Jack) Knight on this momentous occasion, and the members of this House express their most heartfelt wishes for a long and happy parenthood for this devoted and deserving couple.
BE IT FURTHER RESOLVED BY THE HOUSE OF REPRE SENTATIVES that this body extends its most cordial and warm wel come to Edna Elizabeth Knight as a citizen of the State of Georgia.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit an ap propriate copy of this Resolution to the Honorable and Mrs. William D. (Jack) Knight and Edna Elizabeth Knight.

Mr. Branch of Tift arose on a point of personal privilege and addressed the House.

WEDNESDAY, JUNE 3, 1964

593

Under the General Order of Business, the following Bill of the Senate was again taken up.

SB 1. By Senators Carlton of the 21st, Webb of the llth, Jackson of the 16th, Gillis of the 20th and Zorn of the 6th:
A Bill to be entitled an Act to provide a comprehensive revision of the election and primary laws and all related laws of this State, and for other purposes.

Title 34, Chapter 34-1, Section 34-101. Short Title, was read and adopted.

Section 34-102. Application of Code, was read.
1
The following amendment to Section 34-102 was read and adopted:
Mr. Twitty of Mitchell and Caldwell of Upson moves to amend SB 1 by striking the period at the end of the Section 34-102 and in serting a semi-colon and adding the following language, "provided how ever it shall not apply to any municipal primary or election."

Section 34-102 was adopted as amended.

Section 34-103. Definitions, was read.

The following Committee amendments to Section 34-103 were read and adopted:
The Judiciary Committee of the House of Representatives moves to amend Senate Bill No. 1 as follows:
1. By striking the words "or provided for" from Subsection (h) of Section 34-103.
2. By striking the words "assistant manager or managers" from Subsection (j) of Section 34-103 and inserting in lieu thereof the words "two assistant".
3. By striking the semicolon at the end of Subsection (n) of Sec tion 34-103 and inserting in lieu thereof the words "or number slips governing admissions to the voting machines;".
4. By striking the word "entire" wherever it appears in Subsection (u) of Section 34-103 and inserting in lieu thereof the word "total".

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JOURNAL OF THE HOUSE,

Section 34-103 was adopted as amended.

Section 34-104. Construction, was read and adopted.

Section 34-105. Computation of time in certain cases, was read and adopted.

Section 34-106. Subversive person not to be nominated or elected, was read and adopted.

Section 34-107. Person convicted of certain crimes not to serve as primary or election official or be nominated or elected, was read.

By unanimous consent, further consideration of Section 34-107 was postponed until Thursday, June 4, 1964.

The Speaker announced the House recessed until 2:00 o'clock p.m. AFTERNOON SESSION
The Speaker called the House to order at 2:00 o'clock p.m.

The following Resolution of the House was read and adopted:

HR 64. By Messrs. Isenberg of Glynn, Brooks of Fulton, and many, many others:
A RESOLUTION
Commending Honorable William Russell Killian; and for other purposes.
WHEREAS, Honorable William Russell Killian has served in the House of Representatives of the State of Georgia as a Representative from Glynn County since 1955; and
WHEREAS, Mr. Killian has served the people of Glynn County and the State of Georgia with distinction during his years as a member of this House; and
WHEREAS, during his years of service he has been noted for his nature of fighting for what he felt to be right, and for his ability to

WEDNESDAY, JUNE 3, 1964

595

win his fight against all odds; and

WHEREAS, Mr. Killian is especially noted for his leadership in the areas of billboard regulation, suppression of obscenity and fireworks control legislation; and

WHEREAS, during his years of service in this House he has at all times been willing and able to aid his fellow legislators in any way possible; and

WHEREAS, Mr. Killian has announced that he will not seek reelection to the Georgia House of Representatives from Glynn County; and

WHEREAS, the advice and counsel of Mr. Killian will be sorely missed by the members of this House; and

WHEREAS, it is only proper that some recognition be given to this outstanding member of the House of Representatives for his meritorious service while a member of this House.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body does hereby commend the Hon orable William Russell Killian, Representative from Glynn County, for his outstanding and meritorious service while a member of the House of Representatives of Georgia.

BE IT FURTHER RESOLVED that this Body hereby wishes the Honorable William Russell Killian the best in all his future endeavors.

BE IT FURTHER RESOLVED that a copy of this Resolution be placed in the Journal of the House of Representatives as evidence of the appreciation of this Body for the Honorable William Russell Killian, Representative from Glynn County.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit an ap propriate copy of this Resolution to Honorable William Russell Killian.

Mr. Caldwell of Upson arose on a point of personal privilege and addressed the House.

Mr. Bolton of Spalding moved that this House do now adjourn until 10:00 o'clock a.m. tomorrow morning and the motion prevailed.

The Speaker announced the House adjourned until 10:00 o'clock a.m. tomor row morning and SB 1 was carried over as unfinished business.

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JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia Thursday, June 4, 1964

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

Prayer was offered by Rev. William Holt, Pastor First Methodist Church, Carrollton, Ga.

By unanimous consent the call of the roll was dispensed with.

Mr. Clarke of Monroe, Chairman of the Committee on Auditing, Enrolling, Engrossing and Journals reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of busi ness during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. 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 read the first time and referred to the Committees:
HB 67. By Mr. Davis of Heard: A Bill to be entitled an Act to revise the corporate charter of the City of Franklin in the County of Heard and provide a new charter thereof; and for other purposes.
Referred to the Committee on Local Affairs.

THURSDAY, JUNE 4, 1964

597

HB 68. By Messrs. Lane and Nessmith of Bulloch:
A Bill to be entitled an Act relating to the creation of the City Court of Statesboro, so as to provide for the trial of all violations of traffic laws of Georgia in said court in the same manner as now provided for the trial of such cases in the courts of ordinary in certain counties; and for other purposes.
Referred to the Committee on Local Affairs.

HR 63-68. By Messrs. Newton and Matthews of Colquitt:
A Resolution proposing an amendment to the Constitution so as to clarify certain provisions relative to the Moultrie-Colquitt County Development Authority insofar as the extent of the Authority's opera tions are concerned; and for other purposes.
Referred to the Committee on Local Affairs.

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

HB 66. By Messrs. Wilson and Flournoy of Cobb:
A Bill to be entitled an Act to amend an Act creating a new Charter for the City of Marietta, so as to change the corporate limits of the City of Marietta; and for other purposes.

The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following Bills and Resolutions of the Senate to wit:

SB 14. By Senators Brown of the 34th, Coggin of the 35th and others:
A Bill to amend an Act to create the City of Atlanta and Fulton County Recreation Authority approved March 17, 1960 (Ga. Laws 1960, p. 2810), as amended, so as to provide that successors to certain desig nated members of said Authority shall be appointed by the Commis sioners of Roads and Revenue of Fulton County; and for other pur poses.

SB 15. By Senator Harrison of the 48th: A Bill to amend an Act providing and establishing a new charter for

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JOURNAL OF THE HOUSE,

the City of Winder, approved Aug. 4, 1917 (Ga. L. 1917, p. 926), as amended, so as to provide that the mayor shall not be eligible for re-election to the office of mayor after expiration of a fourth term until a period of two years shall have elapsed; and for other purposes.

SR 34. By Senators Hunt of the 26th and Maclntyre of the 40th:
A Resolution commending the Honorable J. Taylor Phillips; and for other purposes.

The Senate has passed by the requisite constitutional majority the following Bills of the House to wit:

HB 23. By Mr. Byrd of Walton:
A Bill to abolish the present mode of compensating the Sheriff of Wal ton County, known as the fee system; to provide in lieu thereof an annual salary; and for other purposes.

HB 25. By Messrs. Flournoy, Wilson and Teague of Cobb: A Bill to amend, consolidate, revise and supersede an Act incorporating the town of Elizabeth; to create a new charter for said city; and for other purposes.
HB 30. By Messrs. McClelland, Brooks and Etheridge of Fulton: A Bill to amend an Act establishing a new charter for the City of Atlanta so as to provide compensation to members of the Police Depart ment for uniforms; and for other purposes.
HB 31. By Messrs. McClelland, Brooks and Etheridge of Fulton: A Bill to amend an Act establishing a new charter for the City of Atlanta so as to establish salary and expenses paid to the members of the Board of Aldermen; and for other purposes.
HB 36. By Mr. Dean of Bacon: A Bill to abolish the present method of compensating the sheriff of Bacon County, known as the fee system, and to provide in lieu thereof an annual salary for the sheriff; and for other purposes.
HB 44. By Messrs. Duncan and Wiggins of Carroll: A Bill to change the names of certain militia districts located in Carroll County; to provide for the election of a justice of the peace; and for other purposes.

THURSDAY, JUNE 4, 1964

599

HB 46. By Mr. Warren of Wayne:
A Bill to amend an Act creating a new charter for the City of Jesup, so as to change the corporate limits; and for other purposes.

HB 47. By Messrs. Matthews and Newton of Colquitt:
A Bill to amend the charter of the City of Moultrie, so as to change the maximum sentence which may be imposed upon an offender against the penal ordinances of the City as relates to monetary sentences, as well as imprisonment; and for other purposes.

HB 49. By Mr. Rhodes of Baker:
A Bill to abolish the present mode of compensating the sheriff of Baker County, known as the fee system; and for other purposes.

HB 52. By Mr. Deen of Bacon:
A Bill to amend the original charter of the City of Alma, so as to extend the city limits; and for other purposes.

HB 53. By Mr. Bagby of Paulding:
A Bill to place the Clerk of the Superior Court, the Sheriff, the Ordi nary and the Coroner of Paulding County on a salary basis in lieu of a fee basis; and for other purposes.

HB 54. By Mr. Bagby of Paulding:
A Bill to amend an Act creating the office of Commissioner of Roads and Revenue of Paulding County, so as to change the compensation of the Commissioner; and for other purposes.

HB 55. By Mr. Bagby of Paulding:
A Bill to amend an Act creating the office of Tax Commissioner of Paulding County, so as to change the compensation of the Tax Com missioner; and for other purposes.
HB 56. By Messrs. Flournoy, Teague and Wilson of Cobb:
A Bill to amend an Act incorporating the City of Powder Springs, so as to change the corporate limits of the City of Powder Springs; and for other purposes.

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JOURNAL OF THE HOUSE,

HB 57. By Messrs. Ware and Spikes of Troup:
A Bill to amend the City Charter of the City of Hogansville, so as to authorize the Mayor and Council to levy an additional four mills ad valorem tax for school purposes; and for other purposes.

The Senate has passed as amended by the requisite constitutional majority the following Bill of the House to wit:

HB 48. By Mr. Smith of Forsyth:
A Bill to create a board of commissioners of roads and revenues for Forsyth County; and for other purposes.

By unanimous consent, the following Bills of the Senate were read the first time and referred to the Committees:

SB 14. By Senators Brown of the 34th, Coggin of the 35th, Brewer of the 39th and others:
A Bill to be entitled an Act to amend an Act to create the City of Atlanta and Fulton County Recreation Authority, so as to provide that successors to certain designated members of said Authority shall be appointed by the Commissioners of Roads and Revenue of Fulton County; and for other purposes.
Referred to the Committee on Local Affairs.

SB 15. By Senator Harrison of the 48th:
A Bill to be entitled an Act to amend an Act providing and establish ing a new charter for the City of Winder, so as to provide that the mayor shall not be eligible for re-election to the office of mayor after expiration of a fourth term until a period of two years shall have elapsed; and for other purposes.
Referred to the Committee on Local Affairs.

The following Resolutions of the House were read and adopted:

HR 65. By Mr. White of Mclntosh:
A RESOLUTION
Relative to the Area Redevelopment Administration; and for other purposes.

THURSDAY, JUNE 4, 1964

601

WHEREAS, the Area Redevelopment Administration of the United States Department of Commerce, at the present time, has designated 77 counties in Georgia as eligible to participate in their program; and

WHEREAS, there are 36 approved Georgia projects under way; and

WHEREAS, there is a total capital investment under these pro grams of $9,124,954.88, which has created 3,425 new jobs; and

WHEREAS, there are, at the present time, 11 projects pending which will entail a total capital investment of $18,955,253.00 and create 872 new jobs; and

WHEREAS, as a typical example of the benefits to be derived from these programs, Perling Industries, Inc., has located a plant in Darien, Georgia, by virtue of an Area Redevelopment Administration loan of $422,500.00 which has created 200 new jobs within this county; and

WHEREAS, an additional vocational training grant of $80,165.00 has been made available in connection with this industry; and

WHEREAS, the many benefits to be derived from the expansion of the Area Redevelopment programs are readily available to the indus trial and economic future of the State of Georgia.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OP GEORGIA that this body does hereby urge each and every member of the Georgia congressional delegation to support the program and appropriations of the Area Redevelopment Administra tion now pending before Congress in order that said Administration's program may be expanded to additional counties in the State of Georgia and the many benefits to be derived therefrom distributed therein.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and instructed to transmit an appropriate copy of this Resolution to each and every member of the Georgia congressional delegation.

HR 66. By Mr. Smith of Grady:
A RESOLUTION
Expressing appreciation to the St. Paul Fire and Marine Insur ance Company and others; and for other purposes.
WHEREAS, Alexander Wilkin, a soldier in the Union Army dur ing the War Between the States, was the first President of the St. Paul Fire and Marine Insurance Company of St. Paul, Minnesota; and
WHEREAS, he possessed the only two letters known to be in

602

JOURNAL OF THE HOUSE,

existence from Fanny Haralson Gordon to her husband, General John B. Gordon, the outstanding Confederate General; and

WHEREAS, the St. Paul Fire and Marine Insurance Company owns the Alexander Wilkin Collection of Historical Papers; and

WHEREAS, Mr. Ronald M. Hubbs, President of the St. Paul Fire and Marine Insurance Company, and Mr. Robert Orr Baker, Executive Assistant, Agency Division, have generously contributed the above two letters as a gift to the State of Georgia, and such gift has been made through Robert M. Brown, State Archivist of Minnesota, and A. D. Brown, Atlanta Manager of the St. Paul Fire and Marine Insurance Company; and

WHEREAS, Mr. A. D. Brown has personally presented these his torical letters to Secretary of State Ben W. Fortson, Jr., who has accepted them on behalf of the State and the people of Georgia; and

WHEREAS, Mr. Fortson has filed these invaluable letters with Mrs. Mary Givens Bryan, State Archivist of Georgia, in order that they might be placed in the new Archives Building to be preserved for posterity;

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body hereby express their sincerest appreciation to the St. Paul Fire and Marine Insurance Company, its President, Mr. Ronald M. Hubbs, its Executive Assistant, Agency Division, Mr. Robert Orr Baker, its Atlanta Manager, Mr. A. D. Brown, and Honorable Robert M. Brown, State Archivist of Minne sota, for their kindness and generosity in presenting as a gift the afore said letters to the State of Georgia, which letters will contribute im measurably to Georgia's rich heritage of historical records.

BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to furnish a suitable copy of this Resolution to each of the aforesaid persons.

HR 67. By Messrs. Russell of Thomas, McCracken of Jefferson, and many others:
A RESOLUTION
Commending the Honorable James W. Keyton; and for other pur poses.
WHEREAS, the Honorable James W. Keyton is to retire from the House of Representatives after having most ably represented the citi zens of Thomas County as their representative in the Georgia House of Representatives since 1961; and
WHEREAS, James W. Keyton has been in public life for the ma-

THURSDAY, JUNE 4, 1964

603

jority of his adult life, having served on the Board of Commissioners of Roads and Revenues of Thomas County for the past 16 years, 14 of which he has served as chairman thereof; and

WHEREAS, James W. Keyton was honored by election to the Presidency of the Association of County Commissioners, and Presidency of the Thomasville-Thomas County Chamber of Commerce; and

WHEREAS, he has been a member and leader of many fraternal, business and civic organizations, devoting much of his time to the assistance of said organizations; and

WHEREAS, during his tenure of office as a member of the House of Representatives, his vast knowledge and experience in county govern ment and county affairs has been of untold benefit to the members of this body in their deliberations upon items of legislation affecting such subject matters; and

WHEREAS, the vast business knowledge which Honorable James W. Keyton possesses and his down-to-earth common sense will be sorely missed by the members of this body upon his departure therefrom; and

WHEREAS, in recent years, he has devoted untold hours of labor perfecting a recodification of a new Health Code which will be of vast benefit to the people of the State of Georgia for many years to come; and

WHEREAS, it is only befitting that this body recognize the many contributions made by this man to his community and state by virtue of his participation in the business, political, civic and religious life thereof.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend the Honor able James W. Keyton, distinguished representative from Thomas Coun ty, for his many outstanding contributions to this body, to his com munity, his county, and to his state, and does further commend him for the long years of public service which he has devoted to the general public, and does wish for him every success for a prosperous and suc cessful future.

BE IT FURTHER RESOLVED that the Clerk of the House is

hereby authorized and instructed to transmit a suitable copy of this

Resolution to the Honorable James W. Keyton, Representative, Thomas

County.

.

HR 68. By Mr. Hudgins of Chattahoochee: A RESOLUTION
Commending Geronimo Way King; and for other purposes.

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JOURNAL OF THE HOUSE,

WHEREAS, Geronimo Way King was born on October 24, 1886, in Cusseta, Chattahoochee County, Georgia; and

WHEREAS, he graduated from Cusseta High School, attended Georgia Institute of Technology and graduated from the University of Georgia with a B.S. degree in 1908; and

WHEREAS, Mr. King devoted practically all of his adult life to public service by serving as county school superintendent of Chatta hoochee County from 1923 to 1936; as a member and chairman of the Board of Education of Chattahoochee County; as mayor of Cusseta; as a member of the House of Representatives from Chattahoochee County during 1949-50; as a member of the Georgia State Senate from the 24th Senatorial District during 1951-52; and again as county school superintendent of Chattahoochee County from 1953 to 1964; and

WHEREAS, Mr. King declined to seek another term as county school superintendent and retired on January 1, 1964; and

WHEREAS, it is only fitting and proper that Mr. King be recog nized for rendering twenty-four years of outstanding service as county school superintendent of Chattahoochee County and also for his other endeavors of public service.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OP REPRESENTATIVES that this body does hereby commend Geronimo Way King for rendering twenty-four years of outstanding and dedi cated public service as an educator in the public school system of this State and also for serving as mayor of Cusseta and as a member of the General Assembly of Georgia.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit an appro priate copy of this Resolution to Geronimo Way King.

HR 69. By Messrs. Jordan of Calhoun, Twitty of Mitchell, and many, many others:
A RESOLUTION
Commending the Honorable James Render Hill; and for other pur poses.
WHEREAS, Honorable James Render Hill has served in the House of Representatives of the State of Georgia as a Representative from Meriwether County since 1959; and
WHEREAS, during the years Mr. Hill has been a member of this House he has served his constituents and the State of Georgia with distinction; and

THURSDAY, JUNE 4, 1964

605

WHEREAS, Mr. Hill has endeavored to promote and expand indus try and watershed projects in the State of Georgia; and

WHEREAS, Mr. Hill has announced that he would not offer for re-election to the House of Representatives but rather would seek elec tion as Senator of the 29th Senatorial District of the State of Georgia; and

WHEREAS, the presence of this distinguished member will be missed by all the members of the House of Representatives; and

WHEREAS, it is only proper that Mr. Hill be commended for his service to his constituents and to the State of Georgia while serving as a member of the House of Representatives.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that Honorable James Render Hill, the dis tinguished member of the House of Representatives from Meriwether County, is hereby commended for his diligent and outstanding service as a member of the House of Representatives.

BE IT FURTHER RESOLVED that the members of this Body do hereby wish Honorable James Render Hill every success in all his future endeavors.

BE IT FURTHER RESOLVED that a copy of this Resolution be placed in the Journal of the House of Representatives as evidence of the appreciation of this Body for the Honorable James Render Hill, Representative from Meriwether County.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit an appro priate copy of this Resolution to Honorable James Render Hill.

HR 70. By Messrs. Jordan of Calhoun, Twitty of Mitchell, and many, many others:
A RESOLUTION
Commending Honorable Joe C. Underwood; and for other purposes.
WHEREAS, Honorable Joe C. Underwood, the Representative from Montgomery County, has served in the House of Representatives of the State of Georgia since 1955; and
WHEREAS, Mr. Underwood has served as Assistant Floor Leader during his term in the House of Representatives; and
WHEREAS, Mr. Underwood has been particularly influential in the House of Representatives in the areas relating to highways and election laws; and

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JOURNAL OF THE HOUSE,

WHEREAS, Mr. Underwood has served the people of the State of Georgia and Montgomery County with distinction during his years as a representative in the House; and

WHEREAS, Mr. Underwood has announced that he would not offer for re-election to the House of Representatives; and

WHEREAS, Mr. Underwood is highly respected by all members of the House of Representatives; and

WHEREAS, the presence of this distinguished Representative will be greatly missed throughout the halls of the House of Representatives; and

WHEREAS, it is only proper that Mr. Underwood be commended for his many years of distinguished and meritorious service in the House of Representatives.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the Honorable Joe C. Underwood, the dis tinguished member of the House of Representatives of the State of Georgia from Montgomery County, is hereby commended for his many years of distinguished and outstanding service as a member of the House of Representatives.

BE IT FURTHER RESOLVED that the member of this House do hereby wish the Honorable Joe C. Underwood every success in all
of his future undertakings.

BE IT FURTHER RESOLVED that this House does hereby declare that the leadership and advice of the Honorable Joe C. Underwood will be forever missed in the House of Representatives.

BE IT FURTHER RESOLVED that a copy of this Resolution be placed in the Journal of the House of Representatives as evidence of the esteem and appreciation of this Body for Honorable Joe C. Under wood.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit an appro priate copy of this Resolution to Honorable Joe C. Underwood.

HR 71. By Messrs. Matthews of Clarke, Moore of Polk, and others:
A RESOLUTION
Expressing appreciation to the faculty and staff of the Georgia Institute of Technology; and for other purposes.
WHEREAS, the National Aeronautics and Space Administration on May 28, 1964, approved a grant of $1,000,000 to the Georgia Institute

THURSDAY, JUNE 4, 1964

607

of Technology for the construction of research laboratory facilities to house the Georgia Tech Space Sciences and Technology Center; and

WHEREAS, this grant is proper recognition of the important con tribution Georgia Tech is making to the Nation's space program as well as a positive indication of the worth of the quality educational and research programs carried on by the Institute; and

WHEREAS, this decision by the National Aeronautics and Space Administration is also an indication of the larger and broader role that this great educational institution and the State of Georgia will play in future space research developments by this Nation;

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body hereby express sincere appreciation to the Chairman and members of the Board of Regents for their active efforts in helping secure this grant and to the President, faculty, and staff of the Georgia Institute of Technology for their dedication to quality education and for the honor that this grant has brought to the University System of Georgia.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby instructed to transmit an appropriate copy of this resolution to Chairman James A. Dunlap of the Board of Regents and to President Edwin D. Harrison of the Georgia Institute of Tech nology.

The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto:

HB 48. By Mr. Smith of Forsyth: A Bill to be entitled an Act to create a board of commissioners of roads and revenues for Forsyth County, and for other purposes.
The following Senate amendment was read:
The Committee on County and Municipal Government moves to amend HB 48 (AM) as follows:
By adding a period after the word "thereof" on the ninth line of Section 5, and by striking in its entirety the following words: "by way of malfeasance in office or any tort or wrong committed under color of office, as well as neglect of duties."
Mr. Smith of Forsyth moved that the House agree to the Senate amendment.
On the motion to agree, the ayes were 110, nays 0.

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JOURNAL OF THE HOUSE,

The Senate amendment to HB 48 was agreed to.

Mr. Bowen of Randolph arose on a point of personal privilege and addressed the House.

Mr. Steis of Harris arose on a point of personal privilege and addressed the House.

Under the Special and Continuing order of unfinished business, SB 1 was again taken up.

Mr. Groover of Bibb asked unanimous consent that Chapter 34-2. State Elec tion Board, be postponed until tomorrow, June 5, 1964.

The consent was granted and further consideration on Chapter 34-2 was postponed until Friday, June 5, 1964.

Chapter 34-3, Secretary of State. Section 34-301. Powers and duties of Secre tary of State was read and adopted.

Section 34-302. Records to be open to public inspection, was read and adopted.

Section 34-303. Preservation of records was read and adopted.

Chapter 34. Ordinaries. Section 34-401. Powers and duties of ordinaries was read.

The following amendments to Section 34-401 was read and adopted:
Mr. Groover of Bibb moves to amend SB 1 by inserting in Section 34-401 (d) the words "except voting machines and voting recorders" after the word "equip".
Mr. Groover of Bibb moves to amend SB 1 by inserting in Section 34-401 (e) after the word "purchase" the following: "except voting machines and voting recorders".
The following amendment to Section 34-401 was read:

THURSDAY, JUNE 4, 1964

609

Mr. Murphy of Haralson moves to amend SB 1 Section 34-401 by striking subsection (f) in its entirety, and renumbering the remaining sections accordingly.

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 Alien Anderson Arnsdorff Barber Baughman Black Bowen, R. W. Brackin Brown Causby Clark, J. T. Coker, G., Dr. Davis Dean, N. Deen, H. D. Dorminy Griffin Harrell

Horton Johnson, A. S., Dr. Jones, C. M. Jones, D. C. Jones, M. Killian Knight, W. D. Lindsey Matthews, D. R. McKemie Milford Mitchell Murphy Paris Partridge Ponsell Raulerson Roberts Roper

Rowland Russell Sewell Simpson Sinclair Smith, A. C., Jr. Smith, E. B., Jr. Smith, R. R. Smith, V. T. Snow Strickland Stuckey Tabb Tucker Tucker, J. B. Tucker, Ray M. White Wilson, Hoke

Those voting in the negative were Messrs.:

Bagby Blair Blalock, D. B. Blalock, E. Bolton Bowen, R. L. Brooks, Wilson Busbee Byrd Caldwell Carr Chandler Clarke, H. G. Dennard Duncan, A. C. Duncan, J. E. Echols Flournoy Plynt Fowler, A. A. Jr. Greene Groover

Harris Henderson Herndon House Jordan, J. E. Keyton Lambert Lee, G. B. Lee, W. J. (Bill) Lee, Wm. S. Lewis Lowrey Matthews, C. McCracken Melton, Milhollin Morgan, H. Nessmith Newton, A. S. Newton, D. L. Odom Overby

Peterson Phillips Pope Poss Reaves Richardson Rogers, Jimmie Simmons Steis Story Todd Twitty Underwood, J. C. Vaughn Ware Warren Watts Wiggins Wilkes Williams, G. J. Williams, W. M. Woodward

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JOURNAL OF THE HOUSE,

Those not voting were Messrs.:

Acree Andrews Ballard Beck Bedgood Bell Bowen, A. Bowen, R. P. Branch Brantley Brooks, Geo. B. Bynum Coker, R. Conger Conner Cullens DeVane
Dicus Dixon Etheridge Fleming Floyd Fowler, J. W. Fulford
Funk Gibbons Hale Hall

Harrington Hill Houston Hull Hurst Isenberg Johnson, B. Jones, F. C. Jordan, W. H. Keadle Kelly Kirkland Knight, D. W. Laite Lane Leonard Logan
Lokey Mackay McClelland McDonald Meeks Mixon Moate
Moore Morgan, J. H. Mullis Pafford

Parker Payton Perry Pickard Poole Rainey Rhodes Rodgers, H. B. Rutland Scarborough Shea Shuman Singer Smith, Chas. C. Smith, G. L. II Spikes Stalnaker
Teague Towson Tucker, M. K. Underwood, R. R. Walker Watson Wells, D. W.
Wells, H. H. Wilson, J. M. Hudgins Smith, G. T.

On the adoption of the amendment, the ayes were 55, nays 66.

The amendment was lost.

Section 34-401 was adopted as amended.

Section 34-402. Expenses of ordinaries and of elections to be paid by coun ties, was read.

The following Committee amendment was read and adopted:
The Committee on Judiciary moves to amend SB 1 Section 34-402 by striking the word "machines" from Section 34-402 and inserting in lieu thereof the words "Machines, vote recorders".
The following amendment was read and adopted:

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611

Mr. Twitty of Mitchell moves to amend Section 34-402 of SB 1 by inserting the word "it" after the word "that" in the third line and striking the word "be" and inserting the word "deem".

Section 34-402 was adopted as amended.

Section 34-403. Records to be open to public inspection, was read and adopted.

Section 34-404. Preservation of records, was read and adopted.

Chapter 34-5. Poll Officers. Section 34-501. Managers, was read.

The following Committee amendment was read and adopted:
The Committee on Judiciary moves to amend SB 1 by striking the words "assistant manager or managers" from Section 34-501 and insert ing in lieu thereof the words "two assistants."

Section 34-401 was adopted as amended. Section 34-502. Clerks, was read and adopted. Section 34-503. Qualifications of poll officers, was read and adopted. Section 34-504. Poll officers to be sworn, was read and adopted. Section 34-505. Oath of managers, was read and adopted. Section 34-506. Oath of clerks, was read and adopted. Section 34-507. Power of managers to administer oaths, was read and adopted. Section 34-508. Compensation of poll officers, was read and adopted. Section 34-509. Instruction of poll officers in voting machine and vote re corder districts, unqualified officers not to serve, was read and adopted.

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Section 34-510. Identification badges for poll officers, was read and adopted.

Chapter 34-6. Registration of Electors. Section 34-601. Definition, was read and adopted.

Section 34-602. Elector's qualifications; applicants acquiring age and resi dence qualifications within six months permitted to register; electors not re quired to register, was read and adopted.

Section 34-603. County registrars; designation; appointment; terms of of fice; compensation; duties of chief registrar; appointment in counties of over 200,000 in population, was read.

The following Committee amendment was read and adopted:
The Committee on Judiciary moves to amend SB 1 by striking the words "and the judge" from the fourth sentence of Subsection 34-603 and inserting in lieu thereof the word "who".

The following amendments to Section 34-603 were read and adopted:
Mr. Murphy of Haralson moves to amend SB 1 Section 34-603 subparagraph (a) by striking from said section the words "who shall serve the unexpired term" and inserting in lieu thereof the words "who shall serve until the next Grand jury convenes at which time a successor shall be appointed as herein above provided for the unexpired term and by striking the next to the last sentence which reads as follows: "He shall have the right to require the Grand jury to recommend two persons for each vacancy if he so desires."
Mr. Harris of DeKalb moves to amend SB 1 by striking from Sec tion 34-603 the figures, "200,000" wherever they appear and inserting in lieu thereof the figures "500,000".
Mr. Brooks of Fulton moves to amend SB 1 by striking from Sec tion 34-603 subsection (d) commencing on line 16 of page 30, the follow ing language: "The governing authority of the county shall have the right to remove one or more of such registrars at any time, for cause, after notice and hearing."

Section 34-603 was adopted as amended.

Section 34-604. Deputy registrars, was read and adopted.

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613

Section 34-605. Qualifications of registrars and deputy registrars, was read.

The following amendment to Section 34-605 was read and adopted:
Mr. Murphy of Haralson moves to amend SB 1 Section 34-605 as follows: By changing the period after the words "tax collector" to a comma and adding the following words: "or to any candidate for such office of tax commission or tax collector."

Section 34-605 was adopted as amended.

Section 34-606. Oath of registration officers, was read and adopted.

Section 34-607. Registration officers privileged from arrest, was read and adopted.

Section 34-608. Registration cards; supply; use, was read and adopted.

Section 34-609. Form of registration cards, was read.

The following Committee amendment was read and adopted:
The Committee on Judiciary moves to amend SB 1 by striking the word "law" from the eighth line from the bottom of page 33, as con tained in subsection (a) of Section 34-609, and inserting in lieu thereof the words and figures "Section 34-1317".

Section 34-609 was adopted as amended.

Section 34-610. Keeping of registration cards and other papers; voter regi stration places, was read.
The following amendment to Section 34-610 was read and adopted: Mr. Groover of Bibb moves to amend SB 1 by inserting in line 16
of Section 34-610 after the word "other" the word "fixed".
Section 34-610 was adopted as amended.

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The Speaker announced the House recessed until 2:00 o'clock p.m.

AFTERNOON SESSION The Speaker called the House to order at 2:00 o'clock p.m.

Section 34-611. Applications for registration, forty-five day registration deadline for November election, was read.

The following amendment was read:
Mr. Groover of Bibb, Funk of Chatham and Echols of Upson move to amend SB 1 by striking from line 6 of Section 34-611 the phrase "the forty-sixth day" and inserting the following: "July 31st, and if that day falls on Sunday or a legal holiday, then on the next succeeding business day,"

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
Acree Alien Anderson
Andrews Arnsdorff Bagby Baughman Beck Black Blair Blaloek, D. B. Blalock, E.
Bolton Bowen, R. W. Brooks, Geo. B. Busbee Byrd Caldwell Carr Causby Clark, J. T. Clarke, H. G. Coker, G., Dr. Coker, R. Conger

Davis
Dean, N. Deen, H. D. Dennard DeVane Dorminy
Duncan, A. C. Duncan, J. E. Echols Flynt Fulford Funk Greene Griffin Groover Hall Harrell Harris Henderson Herndon Horton Houston Johnson, A. S. Dr. Johnson, B. Jones, F. C. Jordan, J. E.

Kelly Keyton Killian Knight, W. D. Lambert Lee, Wm. S. Leonard Lewis Lindsey Lowrey Matthews, C. Matthews, D. R. McCracken McKemie Melton Milford Milhollin Mitchell Mixon
Moate Morgan, H.
Nessmith Newton, A. S. Odom Overby Paris

Parker Partridge Peterson Phillips Ponsell Poole Pope Poss Raulerson Richardson Roberts Rogers, Jimmie Roper Rowland Russell

THURSDAY, JUNE 4, 1964
Sewell Shea Shuman Sinclair Singer Smith, A. C., Jr. Smith, E. B., Jr. Smith, G. L. II Smith, R. R. Snow Spikes Stalnaker Steis Story Tabb

615
Todd Tucker, Ray M. Twitty Underwood, J. C. Vaughn Ware Wells, H. H. Wiggins Williams, G. J. Williams, W. M. Wilson, Hoke Wilson, J. M. Woodward Hudgins

Those voting in the negative were Messrs.:

Brooks, Wilson

Bynum

House

Those not voting were Messrs.:

Ballard Barber Bedgood Bell Bowen, A. Bowen, R. L. Bowen, R. P. Brackin Branch Brantley Brown Chandler Conner Cullens Dicus Dixon Etheridge Fleming Flournoy Floyd Fowler, A. A. Jr. Fowler, J. W. Gibbons Hale Harrington Hill Hull

Hurst Isenberg Jones, C. M. Jones, D. C. Jones, M. Jordan, W. H. Keadle Kirkland Knight, D. W. Laite Lane Lee, G. B. Lee, W. J. (Bill) Logan Lokey Mackay McClelland McDonald Meeks Moore Morgan, J. H. Mullis Murphy Newton, D. L. Pafford Payton Perry

Pickard Rainey Reaves Rhodes Rodgers, H. B. Rutland Scarborough Simmons Simp son Smith, Chas. C. Smith, V. T. Strickland Stuckey Teague Towson Tucker, J. B. Tucker, M. K. Underwood, R. R. Walker Warren Watson Watts Wells, D. W. White Wilkes Smith, G. T.

On the adoption of the amendment, the ayes were 122, nays 3.

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The amendment was adopted.

Section 34-611 was adopted as amended.
Section 34-612. Applications for registration; furnishing of information; ad ministration and attestation of oath required of applicant, was read and adopted.
Section 34-613. Referral of cards to registrars; rejection of applications; notification to and examination of applicants; alternative method of registration, was read and adopted.
Section 34-614. Failure of applicant to give information or giving of false information, was read and adopted.
Section 34-615. Appeals from decisions denying or allowing registrations, was read and adopted.
Section 34-616. Storage and destruction of records of rejected applicants, was read and adopted.
Section 34-617. Test of qualifications to be applied by registration officers, was read and adopted.

Section 34-618. Oral examination of applicants on standard questions, was read.
The following Committee amendment was read:
The Committee on Judiciary moves to amend SB 1 as follows:

Section 34-618. Oral examination of applicants on standard questions. -- The examination which the registration officers shall submit to an applicant who claims the right to register on the basis of good character and understanding of the duties and obligations of citizenship under a republican form of government, shall be based upon the following list of standard questions, and the questions on this list and no others shall be submitted to such applicant:
1. Who is the President of the United States?

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617

2. Who is the Vice President of the United States?
3. Who are the two United States Senators from Georgia?
4. Who is the Governor of Georgia?
5. Who are the members of the General Assembly who represent you?
6. Who is the Congressman from your Congressional District?
7. What are the names of the persons who occupy the following offices in your county?
(1) Clerk of the Superior Court
(2) Ordinary
(3) Sheriff
(4) County School Superintendent
8. What are the names of the three branches of the United States govern ment?
9. If the Governor of Georgia dies, who exercises the executive power, and if both the Governor and the person who succeed him die, who exercises the executive power?
10. Name five constitutional offices of the State of Georgia and give the names of persons now holding such offices?
11. How many Congressional Districts in Georgia are there and in which one do you live?
12. On what day and how often is the general election held in Georgia at which members of the General Assembly of Georgia are elected?
13. How are the members of the Board of Education selected in your county?
14. What officer of the county is in charge of general elections?
15. In what county office does a person return his property for State and county taxes?
16. How many Representatives and how many Senators are there in the General Assembly of Georgia?
17. Give the title of the presiding officer of the House of Representatives and the title of the presiding officer of the Senate in the Georgia General Assembly?
18. What are the terms of office for Senators and Representatives in the United States Congress?
19. Name the Judicial Circuit in which you reside and name the Solicitor General?
20. Name the Chief Justice of the Supreme Court of Georgia and the Chief Justice of the United States Supreme Court?

If the applicant can give correct answers to fifteen of the twenty questions

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propounded to him, possesses the other necessary qualifications and is not dis qualified in any other way, the card shall be marked 'approved' and the applicant shall be considered an elector; otherwise the applicant is rejected.

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

Those voting in the affirmative were Messrs.

Abney Alien Anderson Arnsdorff Barber Baughman Beck Black Blair Blalock, D. B. Bowen, A. Bowen, R. P. Brantley Brooks, Wilson. Busbee Byrd Caldwell Carr Chandler Clark, J. T. Clarke, H. G. Coker, G., Dr. Conner Davis Been, H. D. Dennard DeVane Dorminy Duncan, A. C. Duncan, J. E. Echols Ether idge Flournoy Floyd Flynt Fowler, J. W. Fulford Groover

Hall Harrington Henderson Herndon Horton Houston Hurst Johnson, A. S. Dr. Jones, D. C. Keadle Kelly Kirkland Knight, W. D. Laite Lambert Lee, Wm. S. Lewis Lindsey Lowrey Matthews, D. E. McCracken McKemie Melton Milford Milhollin Mixon Morgan, H. Morgan, J. H. Murphy
Nessmith Newton, A. S. Newton, D. L. Odom Pafford Paris Parker Partridge Perry

Peterson Phillips Ponsell Poole Poss Raulerson Rhodes Rogers, Jimmie Rowland Sewell Simmons Sinclair Singer Smith, Chas. C. Smith, E. B., Jr. Snow Spikes Stalnaker Steis Strickland Stuckey Teague Todd Tucker, Ray M. Twitty Underwood, J. C. Vaughn Ware Warren Watts Wells, D. W. Wells, H. H. Wiggins Williams, G. J. Wilson, J. M. Woodward Hudgins

Those voting in the negative were Messrs.:

Acree Bynum

Causby Dean, N.

Funk Griffin

Harris House Johnson, B. Lee, W. J. (Bill) Leonard Mackay Matthews, C.

THURSDAY, JUNE 4, 1964
Mitchell Moate Overby Pope Roberts Roper Shea

619
Smith, R. R. Smith, V. T. Story Williams, W. M. Wilson, Hoke

Those not voting were Messrs.:

Andrews Bagby Ballard Bedgood Bell Blalock, E. Bolton Bowen, R. L. Bowen, R. W. Brackin Branch Brooks, Geo. B. Brown Coker, R. Conger Cullens Dicus Dixon Fleming Fowler, A. A. Jr. Gibbons Greene Hale

Harrell Hill Hull Isenberg Jones, C. M. Jones, F. C. Jones, M. Jordan, J. E. Jordan, W. H. Keyton Killian Knight, D. W. Lane Lee, G. B. Logan Lokey McClelland McDonald Meeks Moore Mullis Payton

Pickard Rainey Reaves Richardson Rodgers, H. B. Russell Rutland Scarborough Shuman Simpson Smith, A. C., Jr. Smith, G. L. II Tabb Towson Tucker, J. B. Tucker, M. K. Underwood, R. R. Walker Watson White Wilkes Smith, G. T.

On the adoption of the amendment, the ayes were 113, nays 25.

The amendment was adopted.

Section 34-618 was adopted as amended.

Section 34-619. Absentee registration, was read.
The following Committee amendment was read and adopted:
The Committee on Judiciary moves to amend SB 1 by inserting the word "or" immediately preceding the word "daughter" in Subsection (b) of Section 34-619.

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Section 34-619 was adopted as amended.

Section 34-620. Permanency of registration; biennial revision of records; reregistration, was read and adopted.

The following Resolutions of the House were read and adopted:

HR 73. By Messrs. Milhollin of Coffee, Paris of Barrow and many many othres:
A RESOLUTION
Commending the Honorable W. S. Stuckey; and for other purposes.
WHEREAS, the Honorable W. S. Stuckey, distinguished representa tive from Dodge County, has announced his intention not to seek reelection to the Georgia House of Representatives; and
WHEREAS, for three consecutive terms the Honorable W. S. Stuckey has served as Dodge County's representative in the Georgia House of Representatives; and
WHEREAS, while serving as Dodge County's representative, the Honorable W. S. Stuckey has endeared himself to the hearts of all the members of this General Assembly, and has demonstrated to us his willingness to serve in an unselfish manner the best interests of the people of the State of Georgia; and
WHEREAS, his generosity, kindness and integrity have been dem onstrated to the members of the General Assembly on each and every day which the members of this body have had the distinct honor and privilege of knowing "Stuckey"; and
WHEREAS, the many contributions and devotion to public service which this gentleman has expended during his period of public life will be sorely missed by this body; and
WHEREAS, the business reputation, name and character of this fine gentleman have reflected nothing but credit upon the State of Georgia as a whole.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby take this opportunity to recognize and commend the Honorable W. S. Stuckey for his many outstanding contributions to this body, and to the people of the State of Georgia, and does hereby express its regrets that the guidance and counsel furnished to the members of this body will no longer be avail able to us from him as a member thereof.

THURSDAY, JUNE 4, 1964

621

BE IT FURTHER RESOLVED that the Clerk of the House is hereby authorized and instructed to transmit a suitable copy of this Resolution to Honorable W. S. Stuckey, Representative, Dodge County.

HR 74. By Messrs. Sewell and Blair of Sumter:

A RESOLUTION

Commending Coach Murray L. Smith and the Plains High School baseball team for winning the 1964 State Class "C" Baseball Champion ship; and for other purposes.

WHEREAS, the Plains High School baseball team led by their able and dedicated coach, Murray L. Smith, recently won the 1964 State Class "C" Baseball Championship; and

WHEREAS, this superior team compiled an excellent record during the 1964 regular season by winning eight games while losing only one; and

WHEREAS, this team established a reputation for fighting down to the last minute, never admitting defeat or accepting victory until the last man was out; and

WHEREAS, the most notable factor contributing to the outstanding success of these competitors was the display of superior teamwork on the part of all members; and

WHEREAS, the Plains High School baseball team is comprised of the following members: Newt Buchanan, Jackie Carter, Tommy Dominick, Ronnie Dupree, Phil Guest, James Howard, Phillip Moore, Drue Murray, Phil Saunders, Billy Stubbs, Buzzy Tanner, Rocky Wigging, David Wise, Prank Wise, and Johnnny Williams, manager; and

WHEREAS, this team, through their remarkable ability, wonder ful sportsmanship and excellent conduct have brought honor and credit to their coach, Murray L. Smith; to the faculty and students of their school; to their parents; and to all citizens of Sumter County.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body does hereby extend its sincerest congratulations to Coach Murray L. Smith and to the Plains High School baseball team for winning the 1964 State Class "C" Baseball Championship.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to forward an ap propriate copy of this Resolution to Coach Murray L. Smith and to each member of the Plains High School baseball team.

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HR 75. By Messrs. Sewell and Blair of Sumter:

A RESOLUTION

Commending Coach Melvin Kinslow and the Americus High School baseball team for winning the 1964 State Class "A" Baseball Champion ship; and for other purposes.

WHEREAS, the Americus High School baseball team led by their able and dedicated coach, Melvin Kinslow, recently won the 1964 State Class "A" Baseball Championship; and

WHEREAS, this superior team compiled an excellent record during the 1964 regular season by winning sixteen games while losing only four; and

WHEREAS, this team established a reputation for fighting down to the last minute, never admitting defeat or accepting victory until the last man was out; and

WHEREAS, the most notable factor contributing to the outstanding success of these competitors was the display of superior teamwork on the part of all members; and

WHEREAS, the Americus High School baseball team is comprised of the following members: Ronnie Adkins, Bill Chambliss, Donnie Eng lish, Jimmy Griffin, Lennie Hicks, Mike Home, Johnnie Johnson, Jimmy Lunsford, George Mason, Butch Reeves, David Reeves, Gary Reeves, Grover Rodgers, Eddie Roquemore, George Roquemore, Wayne Spence, Bo Sullivan, and Wade Tanner; and

WHEREAS, this team, through their remarkable ability, wonderful sportsmanship and excellent conduct have brought honor and credit to their coach, Melvin Kinslow; to the faculty and students of their school; to their parents; and to all citizens of Sumter County.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby extend its sincerest congratulations to Coach Melvin Kinslow and to the Americus High School baseball team for winning the 1964 State Class "A" Baseball Championship.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to forward an appro priate copy of this Resolution to Coach Melvin Kinslow and to each member of the Americus High School baseball team.

Section 34-621. Filing of disqualification lists with registrars, was read and adopted.

Section 34-622. Preparation of electors list, was read.

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623

The following amendment was read and adopted:

Mr. Lee of Dougherty moves to amend SB 1 as follows:

By adding after the word "applicants" on line 10 of Section 34-622 the words "or elector's."

Section 34-622 was adopted as amended.

Section 34-623. Filing of certified lists with superior court clerk and Secre tary of State; obtaining lists from Secretary of State and board of registrars; arrangement of names; appearance of name on list as prerequisite to voting, was read and adopted.

Section 34-624. Right of electors named on list to vote; purging lists; con solidation of lists, was read and adopted.

Section 34-625. Registration of persons to vote in general primaries and general elections other than November elections, was read.

By unanimous consent, further consideration of Section 34-625 was postponed until Friday, June 5, 1964.

Section 34-626. Registration of persons to vote in special primaries and elec tions, was read and adopted.

Section 34-627. Right of registrars to re-examine qualifications of electors listed; subpoenaing of documents and witnesses; service of summonses; notices and subpoenas; notice of hearing to elector whose right to remain on list is ques tioned, was read and adopted.

Section 34-628. Challenge of listed persons by other electors; proceedings upon challenge, was read.

The following Committee amendment was read and adopted:
The Committee on Judiciary moves to amend SB 1 by adding at the end of subsection (a) of Section 34-628 a new sentence to read as follows: "A challenge of a person's qualification to register or to vote

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JOURNAL OP THE HOUSE,

shall be decided in every case by the board of registrars with the right of appeal therefrom to the superior court."

Section 34-628 was adopted as amended.

Section 34-629. Voting only from lists; right of elections where no polling place established in their district; right of elections to vote in district containing county courthouse, was read.

The following Committee amendment was read and adopted:
The Committee on Judiciary moves to amend SB 1 by striking the word "on" at the end of the fifth line of subsection (b) of Section 34-629 and inserting in lieu thereof the word "thereon", and by striking the words "such ballots or ballot labels" from the sixth line of subsec tion (b) of Section 34-629.

Section 34-629 was adopted as amended.

Section 34-630. Place of voting where change is made in county lines, was read and adopted.

Section 34-631. Change of residence of elector, was read and adopted.
Section 34-632. Rules for determining residence, was read. The following amendment was read and adopted:
Woodward of Butts and Rhodes of Baker moves to amend SB 1 as follows:
By adding at the end of Code Section 34-632 a new Subsection to be known as Subsection (m) and to read as follows:
" (m) In order to vote in a county, a person must be a resident of said county and domiciled in said county. Any person who has not been a resident of said county and who has not been domiciled in said county for a period of six months prior to the date of the election in which he desires to vote, shall be deemed not to be a resi dent of said county and not to be domiciled in said county. Pro vided, however, this shall not apply to military personnel or to elected or appointed Federal, State and local governmental officials and employees thereof or college students.
Section 34-632 was adopted as amended.

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625

Section 34-633. Lists and registration cards open to public inspection; hear ings and performance of all duties by registrars to be public, was read and adopted.

Section 34-634. Annual budget of registrars, was read and adopted.

Section 34-635. Use of certified list of Secretary of State where registrars' records destroyed, was read and adopted.

Section 34-636. Duty of registrars to furnish list for elections held in gov ernmental subdivisions; determination of compensation for furnishing such list, was read and adopted.

Mr. Bolton of Spalding moved that this House do now adjourn until 9:30 a.m. tomorrow morning and the motion prevailed.

The Speaker announced the House adjourned until 9:30 o'clock a.m. tomor row morning and SB 1 was carried over as unfinished business.

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Representative Hall, Atlanta, Georgia Friday, June 5, 1964

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

Prayer was offered by Rev. Vance Mathis, Pastor Cusseta Methodist Church, Cusseta, Ga.

By unanimous consent the call of the roll was dispensed with.

Mr. Clarke of Monroe, Chairman of the Committee on Auditing, Enrolling, Engrossing and Journals reported that the Journal of the previous legislative day had been read and found to be correct.

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

The Journal was confirmed.

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. 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. Funk of Chatham arose on a point of personal privilege and addressed the House.

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

FRIDAY, JUNE 5, 1964

627

HB 69. By Messrs. Smith of Grady, Bolton of Spalding, Busbee of Dougherty and Andrews of Stephens:
A Bill to be entitled an Act to amend an Act providing supplementary appropriations for the fiscal year ending June 30, 1964, which was signed by the Governor on May 12, 1964, and which is Act No. 1 of the extraordinary session which convened on May 4, 1964, so as to provide additional appropriations for the Legislative Branch of the Government; and for other purposes.

HE 72-69. By Messrs. Keyton and Russell of Thomas:
A Resolution proposing an amendment to Article VII, Sec. VII, Par. V of the Constitution so as to authorize Thomas County to issue revenue obligations for the purpose of paying costs of certain projects; and for other purposes.
Referred to the Committee on Local Affairs.

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

HB 67. By Mr. Davis of Heard:
A Bill to be entitled an Act to revise the corporate charter of the City of Franklin in the County of Heard and provide a new charter thereof; and for other purposes.

HB 68. By Messrs. Lane and Nessmith of Bulloch:
A Bill to be entitled an Act relating to the creation of the City Court of Statesboro, so as to provide for the trial of all violations of traffic laws of Georgia in said court in the same manner as now provided for the trial of such cases in the courts of ordinary in certain counties; and for other purposes.

HR 63-68. By Messrs. Newton and Matthews of Colquitt:
A Resolution proposing an amendment to the Constitution so as to clarify certain provisions relative to the Moultrie-Colquitt County Development Authority insofar as the extent of the Authority's opera tions are concerned; and for other purposes.

SB 14. By Senators Brown of the 34th, Coggin of the 35th, Brewer of the 39th and others:
A Bill to be entitled an Act to amend an Act to create the City of Atlanta and Fulton County Recreation Authority, so as to provide that succes-

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JOURNAL OF THE HOUSE,

sors to certain designated members of said Authority shall be appointed by the Commissioners of Roads and Revenue of Fulton County; and for other purposes.

SB 15. By Senator Harrison of the 48th:
A Bill to be entitled an Act to amend an Act providing and establishing a new charter for the City of Winder, so as to provide that the mayor shall not be eligible for re-election to the office of mayor after expiration of a fourth term until a period of two years shall have elapsed; and for other purposes.

Hr. Hale of Dade County, Chairman of the Committee on Local Affairs, submitted the following report:
Mr. Speaker:
Your Committee on Local Affairs has had under consideration the following Bills of the Senate and House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
SB 8. Do Pass. SB 10. Do Pass. SB 11. Do Pass. SB 12. Do Pass. HB 64. Do Pass by Substitute.
Respectfully submitted, Hale of Dade Chairman.

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

HR 12-7. By Mr. Kelly of Jasper:
A Resolution proposing an amendment to the Constitution so as to provide that any number of members of the County Board of Education of Jasper County may reside in the same Militia District; and for other purposes.

FRIDAY, JUNE 5, 1964

629

HE 13-10. By Mr. Dixon of Ware:
A Resolution proposing an amendment to the Constitution so as to pro vide for the election of members of the Board of Education of Ware County by the voters outside the corporate limits of the City of Waycross and for the appointment of the County School Superintendent of Ware County by the Board; and for other purposes.

HR 27-34. By Mr. Mixon of Irwin: A Resolution proposing an amendment to the Constitution so as to create the Ocilla-Irwin County Industrial Development Authority; and for other purposes.
HR 36-43 By Mr. Keadle of Lamar: A Resolution proposing an amendment to the Constitution so as to create the City of Barnesville and County of Lamar Development Authority; and for other purposes.
HR 28-34. By Mr. Rodgers of Charlton: A Resolution proposing an amendment to the Constitution so as to create the Charlton County Development Authority; and for other purposes.
By unanimous consent, the following Bills of the House and Senate were taken up for consideration and read the third time:
SB 8. By Senators Johnson of the 38th, Salome of the 36th, Wesberry of the 37th, and others: A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Atlanta, and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 120, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
SB 10. By Senator Maclntyre of the 40th: A Bill to be entitled an Act to amend an Act creating a new charter for the City of Alpharetta, so as to change the corporate limits of said city, and for other purposes.

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

On the passage of the Bill, the ayes were 120, nays 0.

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

SB 11. By Senator Maclntyre of the 40th:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Roswell, so as to change the corporate limits of said city, and for other purposes.

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

On the passage of the Bill, the ayes were 120, nays 0.

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

SB 12. By Senators Salome of the 36th, Coggin of the 35th, Wesberry of the 37th, and others:
A Bill to be entitled an Act to amend an Act creating the Judges' and Solicitor-Generals' Retirement Fund of Fulton County, so as to allow certain eligible persons to become members of the retirement fund, and for other purposes.

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

On the passage of the Bill, the ayes were 120, nays 0.

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

HB 64. By Messrs. Wilson and Flournoy of Cobb:
A Bill to be entitled an Act to create a board of commissioners of roads and revenues for Cobb County, and for other purposes.

FRIDAY, JUNE 5, 1964

631

The following Committee substitute was read and adopted:

COMMITTEE SUBSTITUTE TO HB 64.
A BILL
To be entitled an Act to create a board of Commissioners of Roads and Revenues for Cobb County, Georgia; to provide for the member ship of said Board; to provide for the election, qualification, terms, powers, authority, compensation, and duties of the Chairman and Com missioners; to provide for filling vacancies; to provide a procedure for recall; to provide for their oath and bond; to provide for meetings; to define the powers and authority of the Commission; to provide for a Deputy Commissioner and to define his qualifications, compensation, and duties; to provide for internal organization of the county government of Cobb County; to provide for a Department of Finance under the supervision of a Cobb County Comptroller and to provide for his qualifi cations, powers, authority, compensation, and duties; to define the func tions, power and authority of the Department of Finance; to provide for the submission of an annual budget by the Chairman to the Com mission ; to provide for a method for the expenditure of county funds; to provide for an annual and periodic audit of county finances; to provide limitations on the Chairman and Commissioners as to agreements and contracts relating to county business; to provide an effective date; to provide for a referendum and the permissive use of voting machines therein; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Chairman and Board of Commissioners Created. There is hereby created in and for the County of Cobb a Board of Commission ers of Roads and Revenues to be elected and organized as hereinafter set forth, which Board of Commissioners, also to be known as the "Com mission", shall constitute the governing authority of said County and shall exercise the powers, duties and responsibilities herein vested in and imposed upon said officers.
Section 2. (A) Commissioner Districts. The Commission estab lished herein shall consist of five members, of which four members shall be known as Commissioners and one member shall be known as the Chairman. The Chairman shall be elected by the voters of the entire county. The other four positions on the Commission shall be designated as Commissioner Post No. 1, Commissioner Post No. 2, Commissioner Post No. 3, and Commissioner Post No. 4. Only those persons who pos sess the qualifications set forth hereinafter and who reside within that territory embraced within State Senatorial District No. 32, as the bound aries may now or hereafter exist, shall be eligible to offer for election to Commissioner Post Nos. 1 and 2. Only those persons who possess the qualifications set forth hereinafter and who reside within that terri tory embraced within State Senatorial District No. 33, as the bound aries may now or hereafter exist, shall be eligible to offer for election to Commissioner Post Nos. 3 and 4. Persons offering for Commissioner

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Post Nos. 1, 2, 3, and 4 shall be elected only by the qualified voters residing within the respective Senatorial District from which such per sons offer as candidates.

(B) Qualifications of Chairman. The Chairman shall be a citizen of this State who has attained the age of thirty (30) years and who has been a resident of Cobb County for not less than two years next preceding his election, and shall hold no other elective public office.

(C) Qualifications of Commission Members. Members of the Com mission, other than the Chairman, shall be citizens of this State who have attained the age of twenty-five (25) years and who have been resi dents of their respective Commissioner District for not less than one year preceding their election, and shall hold no other elective public office.

Section 3. Election and Term of Commission Members. The first members of the Commission created herein to represent Commissioner Districts shall be elected for staggered terms at the general election held for members of the General Assembly in 1964, and their terms shall commence on January 1, 1956. The Commission members so elected to represent Commissioner Districts No. 2 and No. 4 shall serve for terms of four years each and until their respective successors are elected and qualified. The Commission members so elected to represent Commissioner Districts No. 1 and No. 3 shall serve for terms of two years each and until their respective successors are elected and qualified. All members elected in subsequent elections after the general election of 1964, other than elections to fill vacancies for unexpired terms, shall serve for terms of four years each and until their respective successors are elected and qualified, so that two of the Commission members other than the Chair man shall be elected at the general election held every two years.

Section 4. Election and Term of Chairman. The first Chairman of the Commission created herein shall be elected to serve for a term of four years. His successor and all subsequent Chairman shall be elected for terms of four years each and until their respective successors are elected and qualified. Neither the Chairman nor any Commissioner shall be qualified to offer for election to any Commission Post other than the one in which he is serving without first resigning from the Commis sion Post in which he at that time is serving.
Section 5. Election Returns; Vacancies. In all elections for Chair man or Commissioners held pursuant to this Act, the returns shall be canvassed and the results of same certified as provided by law for elections for members of the General Assembly, and the persons so certi fied shall be declared and deemed to be elected to such offices. In the event of a vacancy in the office of Chairman or a Commissioner whose unexpired term exceeds 180 days, it shall be the duty of the ordinary to call a special election for the filling of such vacancy, which shall be governed by the general laws of force in this State in regard to special elections for the filling of vacancies. In the event such unexpired term does not exceed 180 days, it shall be the duty of the remaining members of the Commission to fill vacancies by appointment. All persons elected or appointed to fill vacancies pursuant to the provisions of this section shall serve for the remainder of the unexpired term of any such office.

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633

Section 6. Recall of Chairman or Commissioners. The Chairman or any Commissioner shall be subject to a recall election at any time after nine months of his term has expired. The petition for any such recall election must be signed by not less than twenty-five (25%) percent of the qualified registered voters of said County and shall be filed in the office of the ordinary of said County. No such petition shall be filed with the ordinary, however, unless there is attached thereto a certificate executed by the registrar or deputy registrar having charge of voters' registra tion cards in Cobb County certifying that the names appearing on said petition have been verified by comparison with the list of qualified voters maintained by him, and that the names appearing thereon constitute not less than twenty-five (25%) percent of such voters. Such certificate shall be furnished by said registrar or deputy registrar within thirty (30) days from the date such petition is presented to him for certification. When such certified petition has been so filed with the ordinary, it shall be his duty to call an election to be held not more than thirty (30) days from the date of filing of such petition with him, and to fix the date thereof, and cause notice thereof to be published in the county gazette at least twice before each such election. The ballots or voting machines employed in such election shall state the name of the officer whose recall has been petitioned, the office which he holds, and the dates of the begin ning and termination of his official term and shall be prepared so as to enable voters in such election to vote "For recall of the above named of ficer" or "Against recall of the above named officer". The ordinary shall forthwith publish the results of such election, and if a majority of those voting in such election have voted in favor of recall, the office in question shall be vacated from the date of such publication, and the officer so recalled shall not be eligible to election or appointment to the unexpired term. If a majority of those voting in such election vote against recall, the official shall retain his office. Vacancies created by a recall election shall be filled in the same manner as herein provided for the filling of other vacancies. If in the opinion of the ordinary, it is practicable to do so, said election may be held in accordance with the Act approved March 28, 1947 (Ga. Laws 1947, p. 1203), as amended, by the use of voting machines. No officer subject to the provisions of this section shall be subject to more than one recall election during a term of office.

Section 7. Oath and Bond. Before entering upon the discharge of their duties, the Chairman and Commissioners shall subscribe an oath before the ordinary of said County for the true and faithful performance of their duties and that they are not the holders of any public funds unaccounted for. In addition, the chairman shall further give a satisfac tory surety bond to be judged by the ordinary of the County and payable to the ordinary or his successor in office and filed in the office of the ordinary, in the sum of fifty thousand ($50,000.00) dollars, conditioned upon the faithful performance of the duties of the office. Each commis sioner shall give like bond in the sum of ten thousand ($10,000.00) dollars. The costs of said bonds shall be paid out of the County treasury.

Section 8. Compensation. Commissioners, other than the Chairman, shall be paid as their entire compensation for services as same, the sum of three thousand six hundred ($3,600.00) dollars per annum, payable monthly, to be paid out of the County treasury upon warrants drawn

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upon the County treasury. The Chairman shall receive as his entire compensation the sum of fifteen thousand ($15,000.00) dollars per annum, payable monthly, also to be paid out of the County treasury upon warrants drawn upon the County treasury. The salary so fixed shall constitute the entire compensation from all sources to which said Chairman or either Commissioner shall be entitled. They shall not be entitled to any further compensation for serving on any other boards or authorities by virtue of their office.

Section 9. Meetings. The Commission shall hold regular meetings on the second and fourth Tuesdays of each month at 2:00 o'clock p.m. at the County seat, which meeting shall be open to the public, and may hold such additional meetings as shall be necessary when called by the Chair man or any three Commissioners, provided all members of the Commis sion shall have been notified at least three days in advance of such special meeting. No official action shall be taken by the Commission except in a meeting which is open to the public. Any three Commissioners or the Chairman and any two Commissioners shall constitute a quorum. No official action shall be taken except upon the affirmative vote of at least three Commissioners or two Commissioners and the Chairman. The Chairman shall be entitled to the same voting rights as other Commis sioners on questions considered by the Commission.

Section 10. The Chairman. The Chairman shall be the chief execu tive officer of the county government, and shall generally supervise, direct, and control the administration of the affairs of the County pur suant to the powers herein conferred upon him and pursuant to the adopted resolutions of the Commission in regard to matters reserved to the exclusive jurisdiction of the Commission. The Chairman shall preside over meetings of the Commission. The Chairman shall establish rules and regulate purchasing services for all County departments, officers and agencies. He shall be further authorized to make purchases for the Coun ty in amounts not exceeding $500.00.

Section 11. The Commission. The Commission shall have the power and authority to fix and establish, by appropriate resolution entered on its minutes, policies, rules and regulations governing all matters re served to its exclusive jurisdiction, which policies, rules and regulations, when so adopted, with proper entry thereof made on the Commission minutes, shall be conclusive and binding on the Chairman. The policies, rules and regulations so adopted by the Commission shall be carried out, executed and enforced by the Chairman as chief executive officer of the County, and the Commission shall exercise only those administrative powers which are necessarily and properly incident to its functions as a policy-making or rule-making body or which are necessary to compel enforcement of its adopted resolutions. Any action taken by said Chair man which is in conflict with such adopted resolutions and which deals with matters exclusively reserved to the jurisdiction of the Commission shall be null, void and of no effect. The following powers are hereby vested in the Commission and reserved to its exclusive jurisdiction:
(a) To levy taxes.
(b) To make appropriations.

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635

(c) To fix the rates of all other charges.

(d) To authorize the incurring of indebtedness.

(e) To order work done where the cost is to be assessed against benefited property, and to fix the basis for such assessment.

(f) To authorize contracts, except purchases otherwise provided for herein, involving the expenditure of County funds.

(g) To establish, alter, or abolish public roads, private ways, bridges, and ferries, according to law; provided, however, that the Chairman shall have the authority to accept subdivision plats when the requirements established by the Commission for subdivisions have been met.

(h) To establish, abolish, or change election precincts and militia districts according to law.

(i) To allow the insolvent lists for the County.

(j) To accept, for the County, the provisions of any optional statute where the statute permits its acceptance by the governing au thority of the County, or by the Commissioner or Board of Commission ers of the County.

(k) To exercise all powers, duty and authority heretofore imposed upon or vested in the Commissioner of Roads and Revenues of Cobb County in respect to zoning and planning.

(1) To create and change the boundaries of special taxing districts authorized by law.

(m) To fix the bonds of County officers where same are not fixed by statute.

(n) To enact any ordinances or other legislation the County may be given authority to enact.

(o) To determine the priority of capital improvements,

(p) To call elections for the voting of bonds.

(q) To exercise all of the power and authority heretofore vested by law in the Commissioner of Roads and Revenues of Cobb County or in the Cobb County Advisory Board together with the power and author ity which may hereafter be delegated by law to the governing authority of the County, by whatever name designated, except such authority or power given to the Chairman by the provisions of this Act.

(r) To make purchases of not less than $500.00 nor more than

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$5,000.00 which, in the discretion of its members, are deemed necessary for the operation of the County.

(s) To make purchases in amounts over $5,000.00; provided, how ever, that for any purchases in such amounts, advertisements for bids shall be first published for two (2) consecutive weeks in the official organ of Cobb County. Formal, sealed bids, after said advertising has been published, must be obtained on all purchases of $5,000.00 or more. Advertisement and the obtaining of formal, sealed bids may be dispensed with when, in the discretion of the Commission, an emergency exists which will not permit of delay.

Section 12. Reports of Officers. The Commission shall be em powered to require of all County officers reports on the general or specific conduct of the financial affairs of their respective offices.

Section 13. Appointment of County Officials and Employees. Sub ject to the qualifications and limitations set out in this Act, the Chairman shall have the exclusive power and authority to appoint, remove, and fix the compensation of, within budgetary provisions and in accordance with civil service and merit system laws of Cobb County which may now be in force or subsequently adopted, all employees and officials of the County, except as to: (a) Boards or positions created by State statute, and (b) elected officers and employees under their supervision and control. Such appointments and/or removal shall be subject to approval by the Com mission in the case of the Comptroller and the County Attorney. The fixing of compensation shall in every case be subject to approval by the Commission. It is specifically provided that the elected County officials shall have the sole authority to appoint the personnel within their res pective offices subject to civil service and merit system laws of Cobb County which may now be in force or subsequently adopted, but the Commission shall have the authority to approve each salary of such employee.
Section 14. Appointment to Statutory Positions. The appointment and removal of, and the compensation to be paid to persons filling offices and positions created by State statute, where not otherwise prescribed by such statute, shall be made and fixed by the Chairman, subject to the approval of the compensation therefor by the Commission, within budgetary provisions.

Section 15. Deputy Commissioner. The Chairman shall have a Deputy Commissioner, whose compensation shall be $8,250.00 per annum, to be paid in equal monthly installments from the funds of Cobb County. Any candidate for the office of Chairman shall on the date of his quali fication for such office in either a primary or general election certify to the ordinary of Cobb County the name of the person he shall appoint as Deputy Commissioner in the event he is elected to the office of Chair man, and the person so named and certified by the successful candidate for such office shall serve as the Deputy Commissioner during the term for which he was named. In the event of the death, disability or resigna tion of the Deputy Commissioner, the Chairman shall have thirty days from the date of such death, disability or resignation to certify to the ordinary of Cobb County the name of the new Deputy Commissioner to

FRIDAY, JUNE 5, 1964

637

be appointed by him. In order to be eligible to serve as a Deputy Com missioner, a person must possess the same qualifications as provided for the office of Chairman. The Deputy Commissioner shall assist the Chair man in the performance of his duties. The Deputy Commissioner shall have full authority to act in the event the Chairman is out of the County for any reason or absent from his office because of illness or is unable for some other reason to act, and any action by the Deputy Commissioner under such circumstances shall have the same force and effect as if such action had been taken by the Chairman. In the event a vacancy occurs in the office of Chairman of the Commission of Cobb County, the Deputy Commissioner shall immediately succeed to the office of Chairman. In the event of a vacancy in the office of Chairman, whose unexpired term exceeds 180 days, it shall be the duty of the ordinary to call a special election for the filling of such vacancy, which election shall be governed by the general laws of force in this State in regard to special elections for filling vacancies.

Section 16. Departments. The internal organization of the County government hereby established subordinate to and as administrative instrumentalities of the Commission shall be divided into the following departments:
1. Finance.
2. Water and sewer.
3. Public works.
4. Public safety.
5. Fire.
6. Parks and recreation.
7. Law. 8. Buildings and inspections. 9. Zoning and planning.

Additional departments may be created, or any two or more depart ments may be consolidated, from time to time, by a majority of the Commission, except that the Department of Finance shall be maintained at all times as a separate and distinct department.

Section 17. Department of Finance. The Department of Finance shall be under the supervision and control of the Cobb County Comp troller. The Comptroller shall be appointed by the Commission and shall be directly responsible to them. He shall have a bachelor's or master's degree with a major in accounting or the equivalent thereof from an accredited college or university or shall have had at least five years of experience in public accounting or five years, experience in accounting work for a Federal, State, County, or municipal governmental agency. His compensation shall be fixed by the Commission, but shall not be less than $7,500.00 per annum, nor more than $10,000.00 per annum, payable monthly. The Department of Finance shall, pursuant to the resolutions

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adopted by the Commission and instructions given by the Chairman, perform the following functions:

(1) Keep and maintain accurate records reflecting the financial affairs of the County.

(2) Compile the annual budget covering all funds.

(3) Make quarterly allotments of monies appropriated and budget ed to each department, office or agency of the County entitled to receive same.

(4) Maintain current accounts over the collection and deposit of monies due the County from taxes and other sources.

(5) Examine all claims against the County and make recommenda tion as to payment.

(6) Maintain budgetary control accounts showing encumbrances for obligations entered into, liquidation of such encumbrances, unen cumbered balance of allotments, unexpended balances of allotments, and all unallotted balances of appropriations.

(7) Maintain proprietary accounts of the current assets and of the liabilities of all County funds.

(8) Prepare and issue quarterly financial reports of the operations of all County funds.

(9) Maintain property control records of all County property, including equipment and stores, and supervise stores.

(10) Plan and prepare for meeting the financial needs of the County, project financial requirements, recommend a means of financing those requirements and advise the Chairman and Commission on financial matters.

(11) Perform such other duties as may be assigned by the Chair man and/or Commission.

Section 18. Records; Minutes. The Comptroller shall be ex-officio Clerk of the Commission and Chairman, and shall keep a proper and accurate book of minutes wherein shall appear all the acts, orders and proceedings of the Commission, in chronological order, and a similar book of minutes wherein shall appear, in chronologicial order, all acts, orders and proceedings of the Chairman. The minute books of the Chair man and Commission shall be open to the public inspection at all times during the regular office hours, and certified copies of any entries therein shall be furnished by the said Clerk to any person requesting same upon payment of a reasonable fee, to be paid into the County treasury as other funds, to be assessed by the Commission in an amount sufficient to
defray the cost of preparing same.

FRIDAY, JUNE 5, 1964

639

Section 19. Budget and Appropriations. The Chairman shall sub mit annually to the Commission, not later than December 1st, a proposed budget governing expenditures of all County funds, including capital outlay and public works projects, for the following year. The Commis sion shall thereafter hold a public hearing on the budget, giving notice thereof at least ten (10) days in advance by publication of such notice and of the proposed budget in the official organ of Cobb County and by posting same at the courthouse door. The budget shall then be reviewed and adopted or amended by the Commission at the first regular meeting in February of the year to which it applies, which budget, when so adopted or amended by the Commission, shall constitute the Commission's appropriation of all funds for such year. The budget so adopted may be revised during the year only by formal action of the Commission in a regular meeting and no increase shall be made therein without provision also being made for financing same. The proposed budget submitted by the Chairman shall be accompanied by a report containing information and data relating to the financial affairs of the County pertinent to arriving at and establishing the annual budget. A copy of the budget and of each revision or amendment to same shall be transmitted by the Chairman to the grand jury of the Superior Court of Cobb County within ten days from the time such budget or amendment thereof is adopted by the Commission.

Section 20. Expenditures by Allotments. No expenditures of County funds shall be made except in accordance with the County budget, or amendments thereto, adopted by the Commission. The Chairman shall enforce compliance with this provision by all departments of County government, including those for elected officers, and to this end shall, through the Comptroller and the Department of Finance, institute a system of quarterly allotments of all monies appropriated and budgeted.

Section 21. Audit. The Commission shall on or before January 31st annually employ a certified public accountant for the making of an annual continuous audit of county finances and financial records. The accountant so employed shall be paid out of County funds, and shall perform a complete audit of the financial records of the County for the ensuing year, pointing out any irregularities found to exist, and report ing the results of such audit to the Commission at least quarterly. Each quarterly and annual report submitted to the Commission shall be filed with the Department of Finance and be made available to public inspec tion as other records in such office. The Commission shall cause to be published in the official organ of Cobb County and posted at the court house door a statement of the financial condition of the County as of December 31 and June 30 of each year. Said accountant shall transmit to the grand jury of the Superior Court of Cobb County a copy of each quarterly and annual report furnished by him to the Commission.

Section 22. Agreement of Candidates. It shall be unlawful for any candidate, either for the office of Chairman or Commissioner, or for nomination to either of such offices, to enter into any agreement or understanding with any person as to the disposal of any work or ap pointment which is or shall be under the control of the Chairman or Commission, and any person so offending shall be guilty of a misdemea-

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nor, and on conviction shall be punished as prescribed in the Code of Georgia.

Section 23. Officials Not to be Interested in Contracts. Neither the Chairman, or any member of the Commission or other County officer empowered to use public or County funds for the purchase of goods, property, or services of any kind for public or county purposes shall be financially interested, directly or indirectly, in any contract to which the County is a party, either as principal, surety or otherwise; nor shall such officer, his partner, agent, servant, or employee of a firm of which he is a member or by whom he is employed purchase from or sell to the County any real or personal property, goods, or services. Any contracts made in violation of any of the foregoing provisions shall be void, and the officer so offending shall be removed from office upon proper proceedings instituted by any taxpayer in said County in accordance with the provisions of section 23-1714 of the Code of Georgia of 1933.

Section 24. Effective Date. This Act, when approved and ratified by the voters of Cobb County in the referendum provided for in Section 25 of this Act, shall become effective on and after January 1, 1965, except that the provisions herein contained authorizing election in 1964 of officers whose terms commence on January 1, 1965, shall become effective upon approval of this Act in said referendum.

Section 25. Referendum Election on Act. This Act shall become effective as provided in the preceding Section 24 hereof only after the same shall have been ratified and approved by the qualified voters of Cobb County at a special election to be held for that purpose on July 8, 1964. At said election the qualification of voters shall be the same as now fixed by law for the qualifications of voters at special elections called to fill a vacancy occurring in a County office and shall be held under all laws of this State applicable to special elections. Ballots shall be submitted to the voters at said election which shall have printed thereon the words:
"For ratification of the Act of the General Assembly of Geor gia creating a multiple commission form of government for Cobb County, Georgia, and for abolishing the one-man commissioner form of government.
"Against ratification of the Act of the General Assembly of Georgia creating the multiple commission form of government for Cobb County, Georgia, and against abolishing the one-man com missioner form of government."
The ballot shall be prepared so that the voter may enter a check or cross-mark in a bracket appearing on said ballot opposite each of the foregoing statements to indicate his or her choice. If a majority of those voting at said election shall vote "For ratification of the Act of the General Assembly of Georgia creating the multiple commission form of government for Cobb County, Georgia, and for abolishing the one-man commissioner form of government", this Act shall become effective as provided herein, and the ordinary of Cobb County shall so declare and

FRIDAY, JUNE 5, 1964

641

certify the same to the Secretary of State as required by law. If a majority of those voting in said election shall vote "Against ratification of the Act of the General Assembly of Georgia creating the multiple commission form of government for Cobb County, Georgia, and against abolishing the one-man commissioner form of government", this Act shall be null, void and of no effect, and the ordinary of Cobb County shall so declare and certify the same to the Secretary of State as required by law.

Section 26. Use of Voting Machines. If, in the opinion of the ordi nary of Cobb County, it is practicable to hold any election, whether the same be a referendum, special or general election, provided for by this Act by use of voting machines, the ordinary is authorized to hold such election or all or any such elections by means of voting machines in accordance with the provisions of the Act of the General Assembly approved March 28, 1947 (Ga. Laws 1947, p. 1203), as amended.

Section 27. Conflicting Laws Repealed. All laws and parts of laws in conflict with this Act are hereby repealed. More particularly, an Act approved August 7, 1924 (Ga. Laws 1924, p. 314), an Act approved August 20, 1925 (Ga. Laws 1925, p. 60), an Act approved February 9, 1949 (Ga. Laws 1949, p. 436), an Act approved February 11, 1952 (Ga. Laws 1952, p. 2273), an Act approved March 4, 1953 (Ga. Laws 1953, Jan.-Feb. Sess., p. 309), an Act approved November 11, 1953 (Ga. Laws 1953, Nov.-Dec. Sess., p. 2888), an Act approved November 22, 1953 (Ga. Laws 1953, Nov.-Dec. Sess., p. 302), an Act approved March 4, 1955 (Ga. Laws 1955, p. 2742), an Act approved March 7, 1957 (Ga. Laws 1957, p. 2632), and an Act approved January 10, 1962 (Ga. Laws 1962, p. 3149), and an Act approved March 18, 1964 (Ga. Laws 1964, p. 3117), are hereby specifically repealed in their entirety. All other laws not specifically in conflict with the provisions of this Act shall not be repealed.

Section 28. Severability Clause. Should any court of this State declare any section, part, paragraph or clause of this Act unconstitu tional or invalid for any cause or reason, then such decision shall affect only that section, part, paragraph or clause so declared to be unconstitu tional and invalid, and shall not affect any other section, part, para graph or clause of this Act.

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

On the passage of the Bill, by substitute, the ayes were 120, nays 0.

The Bill, having received the requisite constitutional majority, was passed, by substitute.
The following resolutions of the House were read and adopted:

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JOURNAL OF THE HOUSE,

HR 76. By Messrs. Ware of Troup, Conner of Jeff Davis, and many others:

A RESOLOUTION

Commending the Honorable Hershel W. Farmer; and for other pur poses.
WHEREAS, the Honorable Hershel W. Farmer is presently serving as Messenger of the House of Representatives for his second year; and

WHEREAS, at the end of the present session, Honorable Hershel W. Farmer will not return to this body again in that capacity; and

WHEREAS, he had, prior to assuming his duties as Messenger of the House of Representatives, most ably represented the citizens of Heard County as their representative in the Georgia House of Representatives; and

WHEREAS, Hershel W. Farmer has demonstrated a unique ability to serve, in an outstanding fashion, the members of this House in his capacity as Messenger thereof; and

WHEREAS, during the time he has served as such, his many acts of kindness and deeds of service have endeared him to the hearts of all members of this body; and

WHEREAS, the Honorable Hershel W. Farmer has distinguished

,,.,..

himself as one of the most outstanding Messengers to have served in

this capacity in the House of Representatives; and

WHEREAS, while both serving in the House of Representatives and as its Messenger, the personality, intellect and resourcefulness of this young man has demonstrated his unique ability to cope with the many and varied problems which are so often suddenly thrust upon him.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF

REPRESENTATIVES that this body does hereby commend the Honor-

t

able Hershel W. Farmer for his distinguished service as Messenger of

the House, and does hereby extend to him its most'heartfelt wishes for

every success in any endeavor which he undertakes in the future, and

does wish for him Godspeed and the hope that in some way this body

may return the many kindnesses extended by him.

BE IT FURTHER RESOLVED that the Clerk of the House is here by authorized and instructed to transmit a suitable copy of this Resolu tion to the Honorable Hershel W. Farmer.

HR 77. By Messrs. Ware of Troup, Wilkes of Cook, and many others: A RESOLUTION
Commending the Honorable David C. Jones; and for other purposes. WHEREAS, the Honorable David C. Jones, distinguished and able

FRIDAY, JUNE 5, 1964

643

representative from Worth County, has announced his intentions not to seek reelection to the Georgia House of Representatives; and

WHEREAS, for the past ten years, the Honorable David C. Jones has served as the Worth County representative in the Georgia House of Representatives; and

WHEREAS, during his tenure of office in the General Assembly, the gentleman from Worth has become one of the most beloved and respected members ever to have served in this General Assembly; and

WHEREAS, the many contributions which his intellect has be stowed upon the General Assembly and his many acts of kindness to each and every member will be sorely missed upon his departure.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend the Honor able David C. Jones, distinguished and able representative from Worth County, for his many worthwhile contributions made to this General Assembly and the State of Georgia while a member thereof, and does hereby wish for him in the future continued success in any endeavor which he undertakes.

BE IT FURTHER RESOLVED that the Clerk of the House is hereby authorized and instructed to transmit a suitable copy of this Resolution to the Honorable David C. Jones, Representative, Worth County.

HR 78. By Messrs. Etheridge of Fulton and Steis of Harris:
A RESOLUTION
Relative to the St. Louis Cardinals Football Team; and for other purposes.
WHEREAS, the State of Georgia is a state which is athletic minded, having produced some of the finest athletes in the nation, both in the amateur and professional ranks; and
WHEREAS, in the past years the people of the State of Georgia have demonstrated their enthusiastic acceptance and participation in major sporting events; and
WHEREAS, at the present time, there is under construction at the capital city of the State of Georgia a magnificent stadium which, when completed, will be one of the finest facilities upon which major athletic events may be conducted within the whole of the United States; and
WHEREAS, it has come to the attention of this body that the St. Louis Cardinals Football Team is considering the possibility of re locating their team; and

644

JOURNAL OF THE HOUSE,

WHEREAS, it is the unswerving belief of this body that if given the opportunity the people of the State of Georgia will enthusiastically receive and support a team of the caliber of the St. Louis Cardinals.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby demonstrate its en thusiasm for the location of the St. Louis Cardinals Football Team with in the State of Georgia, and does express the belief that the people of the State of Georgia, represented by the members hereof, will over whelmingly support the St. Louis Cardinals Football Team if relocated in the State of Georgia, and does hereby urge the owners of said team to seriously consider the many advantages, not only to the people of the State of Georgia, but to their own business interests of relocating in the State of Georgia.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and instructed to transmit a suit able copy of this Resolution to the Honorable Charles Bidwell, owner of the St. Louis Cardinals Football Team.

HR 79. By Messrs. Smith of Grady, Fleming of Richmond, and many others:

A RESOLUTION

Expressing regrets at the passing of Mr. Harry Hill Bell; and for other purposes.

WHEREAS, Mr. Harry H. Bell, the father of the distinguished Representative from Richmond County, passed away on June 4, 1964; and

WHEREAS, during his long and fruitful life Mr. Bell was an out standing contributor to the civic life of his community and State; and

WHEREAS, this outstanding Georgia citizen was a daily example by which his family and many friends could guide their own lives; and

WHEREAS, Mr. Bell was held in great esteem by all persons who had the pleasure of knowing him; and

WHEREAS, the untimely passing of Mr. Bell has deprived this State of the many contributions which he bestowed upon its citizens.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body does hereby extend its sincerest and deepest regrets at the passing of Mr. Harry H. Bell to the members of his family and his many friends.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit an ap propriate copy of this Resolution to the Honorable John C. Bell, Repre sentative, Richmond County.

FRIDAY, JUNE 5, 1964

645

The following Resolution of the Senate was read and adopted:

SR 34. By Senators Hunt of the 26th and Maclntyre of the 40th:
A RESOLUTION
Commending the Honorable J. Taylor Phillips; and for other pur poses.
WHEREAS, the Honorable J. Taylor Phillips, the outstanding and distinguished Senator from the 27th District, has announced hie inten tion to not return as a member of the General Assembly; and
WHEREAS, upon his departure from the General Assembly at the end of the present session thereof, Senator Phillips will conclude his third consecutive term as a member of the General Assembly, two of which have been served as a most able member of the Georgia House of Representatives from Bibb County; and
WHEREAS, during the six years that Senator Phillips has served as a member of the General Assembly, his jovial manner, quick wit and spirit of comradeship have endeared him to all of his associates who have had the distinct pleasure to have known and worked with him; and
WHEREAS, during the years which Senator Phillips has devoted to public service, he has been the champion of many causes which have resulted in an untotaled value and benefit to the citizens of the State of Georgia; and
WHEREAS, during the years of his service in the General As sembly, his astute and keen legal mind and his vast knowledge of the legislative and parliamentary process have initiated and perfected legis lation which will be of lasting benefit to the people of Georgia for many years yet to come; and
WHEREAS, those of us who have observed Senator Phillips from the time he first entered the political arena have come to the realization that he brought with him to the General Assembly an integrity and code . of ethics exemplary in nature which has not been compromised nor tarnished during his many battles which he has waged while in the General Assembly for what he felt was right for his constituents and the people of Georgia; and
WHEREAS, his devotion to the duty at hand has been demon strated by his many long hours of toil, both in the legislative halls and in the work of the many important committees on which he has served, both standing and interim; and
WHEREAS, his sense of right and wrong on any measure presented to him on which a stand must be taken often transcended the approach thereof of purely local considerations, and he approached the problem

646

JOURNAL OF THE HOUSE,

in a true statesmanlike fashion, making his decision based upon what he felt would be in the best interests of the people of the State of Georgia; and

WHEREAS, the tangible contributions made by this man, though many in number and importance, are not the only means by which he is measured, but rather his truly outstanding character, honesty and in tegrity have led us to the realization that here today there stands amongst us a man not only large in physical stature, but a truly Big Man in all respects; and

WHEREAS, it is the desire of this General Assembly to express to Senator Phillips the sense of loss which will be experienced by his de parture from the General Assembly.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL

ASSEMBLY OF GEORGIA that this body does hereby express to Sena

tor Phillips the appreciation which it feels for the pleasure and ex

perience of having been associated with so fine a man and does com

mend him for the exhaustive and outstanding contributions and sacri

fices both personal and public he has made while in the service of the

public, and this body does express the sincere wish and desire that we

!

will not altogether lose his advice and counsel, but are assured that by

our own personal loss of this outstanding young man, we are resolute

in the knowledge that to whatever new endeavors his energies and tal

ents are channeled and devoted a new and yet unrealized potential of

service to the public will be bestowed upon the recipients of his wisdom

and knowledge.

BE IT FURTHER RESOLVED that the Secretary of the Senate is hereby authorized and instructed to transmit an approprite copy of this Resolution to the Honorable J. Taylor Phillips, Senator from the 27th District.

Under the Special and continuing order of unfinished business, SB 1 was again taken up.

Chapter 34-7. Election Districts and Polling Places. A. Election districts.

Section 34-701. Election districts, was read and adopted.

Section 34-702. Creation of new election districts, was read.

The following amendment was read and adopted: Mr. Harris of DeKalb moves to amend SB 1 by adding in front of

FRIDAY, JUNE 5, 1964

647

the word "election" at the beginning of the tenth line of Section 34-702 the word "new".

Section 34-702 was adopted as amended.

Section 34-703. Petitions for new election districts, was read.
By unanimous consent, further consideration of Section 34-703 was postponed until Monday, June 8, 1964.

Section 34-704. Cost of proceedings, was read and adopted.

Section B. Polling places.

Section 34-705. Polling places to be selected by Ordinary, was read.

By unanimous consent, further consideration of Section 34-705 was postponed until Monday, June 8, 1964.

Section 34-706. Public buildings to be used where practicable; portable poll ing places, was read and adopted.

Section 34-707. Temporary polling places, was read.

By unanimous consent, further consideration of Section 34-707 was postponed until Monday, June 8, 1964.

Section 34-708. Equipment and arrangement of polling places; guard rail; number of voting compartments or voting machines, was read and adopted.

Section 34-709. Compensation for rent, heat and light, was read.

By unanimous consent, further consideration of Section 34-709 was postponed until Monday, June 8, 1964.

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JOURNAL OF THE HOUSE,

Chapter 34-8. Date of Primaries and Elections.

Section 34-801. General Primaries, was read.

The following Committee amendment was read:
The Committee on Judiciary moves to amend SB 1 as follows:
By striking Section 34-801 and inserting in lieu thereof a new section to read as follows:
"Section 34-801. General primary. -- Whenever any political party shall hold a primary to nominate candidates for public offices to be filled in the ensuing November election, the same shall be held on the second Wednesday in September in each even-numbered year. The preceding provision of this Section shall not apply to a primary held to nominate candidates for membership in the House of Repre sentatives of the General Assembly or for county offices to be filled in the November election of 1964, and upon the holding of such election this sentence shall be automatically repealed."

The following amendment to the Committee amendment was read:
Mr. Groover of Bibb moves to amend the Committee amendment to Section 34-801 by adding at the end of the first sentence: "provided, however, the county executive Committee of a county may fix a date not more than six months earlier for the nomination of county officers and members of the House of Representatives."

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

Those voting in the affirmative were Messrs.:

Alien Baughman Beck Black Bowen, R. P. Branch Brooks, Wilson Busbee Causby Deen, H. D. Flynt Fulford Groover

Harrell Harrington * Johnson, A. S., Dr. Johnson, B. Knight, W. D. Lane McCracken Mixon Nessmith Paris Parker Peterson Rainey

Reaves Rodgers, H. B. Sewell Simpson Singer Smith, Chas. C. Steis Teague Tucker, M. K. Underwood, J. C. Wells, D. W. Williams, W. M. Wilson, J. M.

FRIDAY, JUNE 5, 1964

Those voting in the negative were Messrs.:

Acree Anderson Andrews Barber Bedgood Blair Blalock, D. B. Bolton Bowen, R. L. Brooks, Geo. B. Brown Caldwell Clark, J. T. Clarke, H. G. Coker, R. Davis Dicus Dixon Dorminy Echols Flournoy Floyd Fowler, J. W. Funk Hale Harris

Henderson Herndon Horton House Isenberg Jones, D. C. Jones, F. C. Jones, M. Jordan, W. H. Killian Knight, D. W. Laite Lee, G. B. Lee, W. J. (Bill) Lee, Wm. S. Leonard Lewis Lowrey Mackay Matthews, C. Matthews, D. R. McDonald Milford Milhollin Mitchell Mullis

Those not voting were Messrs.:

Abney Arnsdorff Bagby Ballard Bell Blalock, E. Bolton Bowen, A. Bowen, R. W. Brackin Brantley Busbee Byrd Carr Chandler Coker, G., Dr. Conger Conner Cullens Dean, N. Dennard DeVane

Duncan, A. C. Etheridge Fleming Fowler, A. A., Jr. Gibbons Greene Griffin Hall Hill Houston Hull Hurst Jones, C. M. Jordan, J. E. Keadle Kelly Keyton Kirkland Lambert Logan Lokey McClelland

649
Newton, D. L. Odom Pafford Perry Pickard Ponsell Poole Rhodes Shea Simmons Smith, A. C., Jr. Smith, R. R. Snow Spikes Story Tabb Tucker, Ray M. Twitty Walker Ware Watts White Wiggins Wilkes Williams, G. J.
McKemie Meeks Melton Moate Moore Morgan, H. Morgan, J. H. Murphy Newton, A. S. Overby Partridge Payton Phillips Pope Poss Raulerson Richardson Roberts Rogers, Jimmie Roper Rowland Russell

650
Rutland Scarborough Shuman Sinclair Smith, E. B., Jr. Smith, G. L. II Smith, V. T.

JOURNAL OF THE HOUSE,

Stalnaker Strickland Stuckey Todd Towson Tucker, J. B. Underwood, R. R.

Vaughn Warren Watson Wells, H. H. Wilson, Hoke Woodward Smith, G. T.

On the adoption of the amendment to the Committee amendment the ayes were 39, nays 80.

The amendment was lost.

The following amendment to the Committee amendment was read:
McCracken of Jefferson moves to amend the Committee Amendment to Section 34-801 of Senate Bill No. 1 as follows:
By striking all of said amendment except the following words "Whenever any political party shall hold" and by adding the following language "Primary elections for nominations of Candidates for the of fice of Governor, State Officials, United States Senators, Members of Congress, Justices of the Supreme Court, Judges of the Court of Ap peals, Judges of the Superior Courts and Solicitors General, the same shall be held on one and the same date throughout the State, which shall be on the second Wednesday in September of each even numbered year. All County Primary elections shall be held on the date prescribed by the County Executive Committee, provided no County Primary shall be held for the nominations of candidates for County Offices more than six (6) months previous to the November General Election", so that said Section 34-801 as amended will read as follows:
"Section 34-801--Whenever any political party shall hold Pri mary elections for nominations of candidates for office of Gover nor, State Officials, United States Senators, Members of Congress, Justices of the Supreme Court, Judges of the Court of Appeals, Judges of the Superior Courts and Solicitors General, the same shall be held on one and the same date throughout the State, which shall be on the second Wednesday in September of each even num bered year. All County Primary elections shall be held on the date prescribed by the County Executive Committee, provided no County Primary shall be held for the nominations of condidates for County offices more than six (6) months previous to the November Gen eral Election."

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

FRIDAY, JUNE 5, 1964

Those voting in the affirmative were Messrs.:

Arnsdorff Baughman Brantley Caldwell Dennard

Groover Harrell Lee, G. B. McCracken Nessmith

Those voting in the negative were Messrs.:

Acree Alien Anderson Andrews Barber Beck Bedgood Black Blair Blalock, D. B. Bolton Bowen, R. W. Branch Brooks, Wilson Brown Busbee Byrd Carr Clarke, H. G. Coker, G., Dr. Coker, R. Dean, N. DeVane Dixon Dorrniny Duncan, A. C. Flournoy Floyd Fowler, J. W. Fulford Funk Hale Harrington

Harris Henderson Hill House Houston Johnson, A. S. Dr. Jones, C. M. Jones, F. C. Jones, M. Jordan, J. E. Keadle Kirkland Knight, W. D. Laite Lambert Lee, W. J. (Bill) Lee, Wm. S. Lewis Lowrey Mackay Matthews, C. Matthews, D. R. McDonald Meeks Milhollin Mitchell Mixon Morgan, H. Murphy Odom Overby Pafford Paris

Those not voting were Messrs.:

Abney Bagby Ballard Bell Ballock, E. Bowen, A.

Bowen, R. L. Bowen, R. P. Brackin, J. O. Brooks, Geo. B. Bynum Causby

651
Newton, A. S. Parker Partridge Raulerson Todd
Peterson Ponsell Poole Pope Rhodes Richardson Rogers, Jimmie Sewell Shea Simmons Singer Smith, A. C., Jr. Smith, Chas. C. Smith, R. R. Snow Spikes Story Strickland Teague Tucker, Ray M. Twitty Underwood, J. C. Underwood, R. R. Warren Wells, D. W. Wiggins Wilkes Williams, G. J. Williams, W. M. Wilson, Hoke Woodward Hudgins
Chandler Clark, J. T. Conger Conner Cullens Davis

652
Been, H. D. Dicus Duncan, J. E. Echols Etheridge Fleming Flynt Fowler, A. A., Jr. Gibbons Greene Griffin Hall Herndon Horton Hull Hurst Isenberg Johnson, B. Jones, D. C. Jordan, W. H. Kelly Keyton Killian Knight, D. W. Lane

JOURNAL OP THE HOUSE,
Leonard Lindsey Logan Lokey McClelland McKemie Melton Milford Moate Moore Morgan, J. H. Mullis Newton, D. L. Payton Perry Phillips Pickard Poss Rainey Reaves Roberts Rodgers, H. B. Roper Rowland Russell

Rutland Scarborough
Shuman Simpson Sinclair Smith, E. B., Jr. Smith, G. L. II
Smith, V. T. Stalnaker
Steis Stuckey Tabb Towson Tucker, J. B. Tucker, M. K. Vaughn Walker Ware Watson Watts Wells, H. H. White Wilson Smith, G. T.

On the adoption of the amendment to the Committee amendment the ayes were 15, nays 98.

The amendment was lost.

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

Those voting in the affirmative were Messrs.:

Abney Acree Alien Anderson Andrews Arnsdorff Barber
Baughman Beck Bedgood Black Blair

Blalock, D. B. Bolton Bowen, R. W. Brooks, Wilson Brown Busbee Byrd
Caldwell Carr Clarke, H. G. Coker, G., Dr. Coker, R.

Dean, N. DeVane Dixon Dorminy Duncan, A. C. Echols Flournoy
Floyd Flynt Fowler, J. W. Fulford Funk

Hale Harrington Harris Henderson Hill House Houston Johnson, A. S., Dr. Johnson, B.
Jones, C. M. Jordan, J. E. Keadle Kirkland Knight, W. D.
Laite Lambert Lee, G. B. Lee, W. J. (Bill) Lee, Wm. S. Lewis Lindsey Lowrey Mackay Matthews, C.

FRIDAY, JUNE 5, 1964
Matthews, D. R. McCracken McDonald McKemie Meeks Milhollin Mitchell Mixon Morgan, H. Murphy Newton, A. S. Odom Overby Pafford Paris Parker Perry Peterson Ponsell Poole Pope Raulerson Rhodes Richardson

Those voting in the negative were Messrs.:

Brackin Harrell

Nessmith Simpson

Those not voting were Messrs.:

Bagby Ballard Bell Blalock, E. Bowen, A. Bowen, R. L. Bowen, R. P. Branch Brantley Brooks, Geo. B. Bynum Causby Chandler Clark, J. T. Conger Conner Cullens Davis Deen, H. D. Dennard

Dicus Duncan, J. E. Etheridge Fleming Fowler, A. A., Jr. Gibbons Greene Griffin Groover Hall Herndon Horton Hull Hurst Isenberg Jones, D. C. Jones, F. C. Jones, M. Jordan, W. H. Kelly

653
Roberts Sewell Shea Simmons Smith, A. C., Jr. Smith, R. R. Snow Spikes Steis Story Strickland Teague Tucker, Ray M. Underwood, J. C. Underwood, R. R. Warren Wells, D. W. Wells, H. H. Wiggins Wilkes Williams, G. J. Williams, W. M. Woodward Hudgins
Singer Wilson, Hoke
Keyton Killian Knight, D. W. Lane Leonard Logan Lokey McClelland Melton Milford Moate Moore Morgan, J. H. Mullis Newton, D. L. Partridge Payton Phillips Pickard Poss

654
Rainey Reaves Rodgers, H. B. Rodgers, Jimmie Roper Rowland Russell Rutland Scarborough Shuman Sinclair

JOURNAL OF THE HOUSE,

Smith, Chas. C. Smith, E. B., Jr. Smith, G. L., II Smith, V. T. Stalnaker Stuckey Tabb Todd Towson Tucker, M. K. Tucker, J. B.

Twitty Vaughn Walker Ware Watson Watts White Wilson, J. M. Smith, G. T.

On the adoption of the Committee amendment, the ayes were 108, nays 6.

The Committee amendment was adopted.

The following amendment was read:
Smith of Habersham moves to amend SB No. 1 by adding a new sub section which shall be known as 34-801 (b) and renumbering Section 34-801 as 34-801 (a).
"(b) Presidential Primary. There shall be held on the second Tuesday of June beginning in 1968 and continuing each fourth year thereafter a primary by each political party to be known as the Presidential Preference Primary. Such primary shall be held for the purpose of electing delegates to the national conventions of the several parties wherein candidates for President and Vice President of the United States are chosen. Such delegates shall be bound to support the candidate for whom they are pledged for the first ballot for nomination and thereafter if no nomination has been effected on the first ballot, said delegate may vote for the candidate of their own choosing."

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

Those voting in the affirmative were Messrs.:

Alien Arnsdorff Barber Brackin Brown Bynum Dean, N.

Been, H. D. DeVane Echols Flynt Harrington Herndon Houston

Johnson, B. Jones, M. Knight, W. D. Lee, G. B. Lewis Lindsey Lowrey

Matthews, D. R. McCracken McDonald Milhollin Mixon Murphy Nessmith Newton, A. S. Paris

FRIDAY, JUNE 5, 1964
Parker Ponsell Raulerson Rhodes Roberts Rogers, Jimmie Sewell Simmons Singer

Those voting in the negative were Messrs.:

Anderson Baughman Beck Black Blair Blalock, D. B. Bolton Bowen, R. L. Bowen, R. W. Brooks, Wilson Busbee Byrd Carr Clarke, H. G. Coker, R. Davis Dixon Dorminy Duncan, A. C. Plournoy Fowler, J. W. Fulford

Funk Hale Harrell Harris Henderson House Hurst Johnson, A. S., Dr. Kirkland Lambert Lane Lee, W. J., (Bill) Lee, Wm. S. Leonard Matthews, C. McKemie Meeks Melton Milford Morgan, H. Overby Pafford

Those not voting were Messrs.:

Abney Acree Andrews Bagby Ballard Bedgood Bell Blalock, E. Bowen, A. Bowen, R. P. Branch Brantley Brooks, Geo. B. Caldwell Causby

Chandler Clark, J. T. Coker, G., Dr. Conger Conner Cullens Dennard Dicus Duncan, J. E. Etheridge Fleming Floyd Fowler, A. A., Jr. Gibbons Greene

655
Smith, Chas. C. Smith, R. R. Steis Wells, D. W. Wells, H. H. Wilson, Hoke Hudgins
Partridge Perry Peterson Phillips Poole Richardson Shea Simpson Smith, A. C., Jr. Spikes Story Tucker, Ray M. Twitty Underwood, J. C. Underwood, R. R. Ware Warren Wiggins Wilkes Williams, G. J. Williams, W. M.
Griffin Groover Hall Hill Horton Hull Isenberg Jones, C. M. Jones, D. C. Jones, F. C. Jordan, J. E. Jordan, W. H. Keadle Kelly Keyton

656
Killian Knight, D. W. Laite Logan Lokey Mackay McClelland Mitchell Moate Moore Morgan, J. H. Mullis Newton, D. L. Odom Payton Pickard Pope

JOURNAL OF THE HOUSE,

Poss Rainey Reaves Rodgers, H. B. Roper Rowland
Russell Rutland Scarborough Shuman Sinclair Smith, E. B., Jr. Smith, G. L., II Smith, V. T. Snow Stain aker Strickland

Stuckey Tabb Teague Todd Towson Tucker, J. B. Tucker, M. K.
Vaughn Walker Watson Watts White Wilson, J. M. Woodward Smith, G. T.

On the adoption of the amendment, the ayes were 46, nays 65.

The amendment was lost.

Mr. Lane of Bulloch stated he voted under a misapprehension and would like to be recorded as voting "Aye".

Section 34-801 was adopted as amended.

Section 34-802. November election, was read and adopted.

Section 34-803. Special election for United States Senator, was read and adopted.
Section 34-804. Special election for Congressional Representative, was read and adopted.
Mr. Baughman of Early asked unanimous consent that the House reconsider its action in adopting Section 34-802.
The Consent was granted and the House has reconsidered.
Section 34-805. Special election for member of General Assembly, was read.

FRIDAY, JUNE 5, 1964

657

The following amendment was read:

Mr. Murphy of Haralson moves to amend SB 1 Section 34-805 as follows:

By striking from the first sentence of such section the following words:

"During a session of the General Assembly, or whenever such vacancy shall occur or exist at a time when the members of the General Assembly shall be required to meet at any time previous to the next November election."

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

Those voting in the affirmative were Messrs.

Acree Alien Ballard Barber Baughman Brackin Branch Brantley Brown Bynum Byrd Chandler Conner Deen, H. D. DeVane Dorminy Duncan, A. C. Echols Fulford Groover Hale Harrington Henderson

Herndon Houston Johnson, B. Jordan, J. E. Keadle Knight, W. D. Lane Lewis Lindsey Lowrey Matthews, D. R. McCracken Milford Milhollin Mixon Morgan, J. H. Murphy Nessmith Newton, D. L. Paris Partridge Ponsell Poole

Those voting in the negative were Messrs.:

Anderson Andrews Arnsdorff Beck Bedgood Blair

Blalock, D. B. Bolton Bowen, R. L. Brooks, Wilson Busbee Carr

Poss Raulerson Rhodes Roberts Rogers, Jimmie Simpson Singer Smith, Chas. C. Smith, G. L., II Smith, R. R. Snow Stalnaker Strickland Stuckey Todd Tucker, M. K. Warren Wells, H. H. Williams, G. J. Wilson, Hoke Hudgins
Clarke, H. G. Davis Dixon Etheridge Flournoy Fowler, J. W.

658

JOURNAL OF THE HOUSE,

Funk Harrell Harris House Hurst Johnson, A. S., Dr. Jones, F. C. Jones, M. Lambert Lee, W. J., (Bill) Lee, Wm. S. Mackay Matthews, C.

McDonald McKemie Melton Morgan, H. Newton, A. S. Overby Parker Perry Peterson Phillips Pope Richardson Sewell

Smith, A. C., Jr. Spikes Steis Story Tucker, Ray M. Twitty Underwood, J. C. Underwood, R. R. Ware Wiggins Wilkes Woodward

Those not voting were Messrs.:

Abney Bagby Bell Black Blalock, E. Bowen, A. Bowen, R. W. Bowen, R. P. Brooks, Geo. B. Caldwell Causby Clark, J. T. Coker, G., Dr. Coker, R. Conger Cullens Dean, N. Dennard Dicus Duncan, J. E. Fleming Floyd Flynt Fowler, A. A., Jr. Gibbons Greene Griffin Hall

Hill Horton Hull Isenberg Jones, C. M. Jones, D. C. Jordan, W. H. Kelly Keyton Killian Kirkland Knight, D. W. Laite Lee, G. B. Leonard Logan Lokey McClelland Meeks Mitchell Moate Moore Mullis Odom Pafford Payton Pickard Rainey

Reaves Rodgers, H. B. Roper Rowland Russell Rutland Scarborough Shea Shuman Simmons Sinclair Smith, E. B., Jr. Smith, V. T. Tabb Teague Towson Tucker, J. B. Vaughn Walker Watson Watts Wells, D. W. White Williams, W. M. Wilson, J. M. Smith, G. T.

On the adoption of the amendment, the ayes were 67, nays 56.

The amendment was adopted.

The following amendment was read and adopted: Mr. Twitty of Mitchell moves to amend SB 1 Section 34-805 thereof

FRIDAY, JUNE 5, 1964

659

by adding the following after the word "thirty" in line eleven and adding the following "nor more than 60."

Section 34-805 was adopted as amended.

Mr. Shea of Chatham stated that had he been present he would have voted aye.

Section 34-806. Conduct of special elections, was read and adopted.

Chapter 34-9. Political Parties and Bodies.

Section 34-901. Registration of political parties and bodies with Secretary of State, was read and adopted.

Section 34-902. Committees of political parties; officers; authority to adopt rules and regulations; election of party officers; was read.

The following amendment was read:
Mr. Hale of Bade moves to amend Paragraph (a) Section 34-902 by adding the following sentence:
"No member of a County Executive Committee shall be qualified to act as a poll officer in any primary election in which he is a candi date for any public office."

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 Acree Alien Anderson Barber Baughman Beck Bedgood

Black Blair Bolton Bowen, A. Bowen, R. W. Brackin Busbee Bynum

Byrd Caldwell Carr Causby Clark, H. G. Conger Davis Deen, H. D.

660

JOURNAL OF THE HOUSE,

Dennard DeVane Dixon Duncan, A. C. Echols Etheridge Fleming Floyd Flynt Fulford Funk Griffin Hale Harrell Henderson House Houston Johnson, A. S., Dr. Jones, F. C. Keadle Kirkland Knight, W. D.

Lane Lee, G. B. Lee, W. J., (Bill) Lee, Wm. S. Matthews, C. Matthews, D. R. McKemie Meeks Milford Mixon Murphy Nessmith Newton, A. S. Newton, D. L. Pafford Paris Partridge Perry Phillips Poole Poss Raulerson

Rhodes Richardson Sewell Shea Sirnmons Singer Snow Stalnaker Steis Story Strickland Todd Tucker, Ray M. Twitty Underwood, R. R. Wiggins Wilkes Wilson, Hoke Woodward Hudgins

Those voting in the negative were Messrs.

Brooks, Wilson Brown Dorminy Fowler, J. W. Harrington Harris Herndon Hill Jones, M.

Lambert Lindsey Mackay McDonald Milhollin Morgan, H. Morgan, J. H. Overby Peterson

Simpson Smith, R. R. Spikes Underwood, J. C. Ware Warren Wells, D. W. Williams, G. J. Williams, W. M.

Those not voting were Messrs.:

Andrews Arnsdorff Bagby Ballard Bell Blalock, D. B. Blalock, E. Bowen, R. L. Bowen, R. P. Branch Brantley Brooks, Geo. B. Chandler Clark, J. T. Coker, G., Dr.

Coker, R. Conner Cullens Dean, N. Dicus Duncan, J. E. Flournoy Fowler, A. A., Jr. Gibbons Greene Groover Hall Horton Hull Hurst

Isenberg Johnson, B. Jones, C. M. Jones, D. C. Jordan, J. E. Jordan, W. H. Kelly Keyton Killian Knight, D. W. Laite Leonard Lewis Logan Lokey

Lowrey McClelland McCracken Melton Mitchell Moate Moore Mullis Odom Parker Payton Pickard Ponsell Pope Eainey

FRIDAY, JUNE 5, 1964
Reaves Roberts Rodgers, H. B. Rogers, Jimmie Roper Rowland Russell Rutland Scarborough Shuman Sinclair Smith, A. C., Jr. Smith, Chas. C. Smith, E. B., Jr. Smith, G. L., II

661
Smith, V. T. Stuckey Tabb Teague Towson Tucker, J. B. Tucker, M. K. Vaughn Walker Watson Watts Wells, H. H. White Wilson, J. M. Smith, G. T.

On the adoption of the amendment, the ayes were 88, nays 27.

The amendment was adopted.

The following amendment was read and adopted: Mr. Murphy of Harolson moves to amend SB 1 Section 34-902 sub
section (c) as follows: By striking from said paragraph the words "with the Secretary of State and".
Section 34-902 was adopted as amended.
Section 34-903. Supersedure power of State executive committee; notice; hearing; order, was read.
The following Committee amendment was read and adopted: The Committee on Judiciary moves to amend Section 34-903 as
follows: By striking the word "the" from the thirteenth line of Subsection
(e) of Section 34-903 and inserting in lieu thereof the word '"other".
Section 34-903 was adopted as amended.
Mr. Etheridge of Fulton arose on a point of personal privilege and addressed the House.

662

JOURNAL OF THE HOUSE,

Mr. Groover of Bibb arose on a point of personal privilege and addressed the House.

Mr. Bolton of Spalding moved that this House do now adjourn until 10:30 o'clock a.m. Monday morning and the motion prevailed.

The Speaker announced the House adjourned until 10:30 o'clock a.m. Monday morning, and SB 1 was carried over as unfinished business.

MONDAY JUNE 8, 1964

663

Representative Hall, Atlanta, Georgia Monday, June 8, 1964

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

The following prayer was offered by Rev. Dale Brown, Pastor Bio Baptist Church, Hartwell, Ga.
Almighty God,
In the beginning moments of this new work week of the Georgia House of Representatives we would pray for the awareness of thy presence in the life of each person here. A busy week lies ahead of us and even though we may forget you, we pray that you shall not for get us.
The weeks of the special session have been long and difficult. Many of us have responsibilities at home which would demand of our time, but each member of this body has accepted the call of duty to be a public servant and to be a servant of thine.
Our Lord, thou has taught us what it means to be a servant. A servant does not have a life of his own. A servant receives little praise and a lots of criticism. A servant lives not for reward in this world, but for thy eternal reward of "a good and faithful servant."
We pray today for a forgiving heart, for men cannot always see things alike, yet we have in common a sincere concern for our great state. We pray for patience and faith that our task may be accomplished. Keep us from littleness of character and despair.
So, bless each one of these men, O God, as individuals. Guide and direct their every step in life.
In our Master's name we pray.
Amen.

By unanimous consent the call of the roll was dispensed with.

Mr. Clarke of Monroe, 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.

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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 Bills of the House were read the first time and referred to the Committees:

HB 70. By Messrs. Harris and Mackay of DeKalb:
A Bill to be entitled an Act to amend an Act establishing a new Charter for the City of Stone Mountain, so as to change the corporate limits of said City; and for other purposes.
Referred to the Committee on Local Affairs.

HB 71. By Mr. Snow of Walker:
A Bill to be entitled an Act to amend the charter of the City of Rossville, so as to authorize the city council to change the compensation of the Mayor; and for other purposes.
Referred to the Committee on Local Affairs.

HB 72. By Messrs. Snow and Abney of Walker:
A Bill to be entitled an Act to amend an Act creating the office of commissioner of roads and revenues for the County of Walker, so as to change the salary of the commissioner; and for other purposes.
Referred to the Committee on Local Affairs.

HB 73. By Messrs. Smith of Grady, Jordan of Calhoun, Griffin of Decatur, and Rhodes of Baker:
A Bill to be entitled an Act to amend Code Section 24-2501, relating

MONDAY JUNE 8, 1964

665

to judicial circuits of this State, so as to rename the Albany Judicial Circuit as the Sowega Judicial Circuit; and for other purposes.
Referred to the Committee on Judiciary.

By unanimous consent, the following Bill and Resolution of the House were

read the second time:

#1

HB 69. By Messrs. Smith of Grady, Bolton of Spalding, Busbee of Dougherty and Andrews of Stephens:
A Bill to be entitled an Act to amend an Act providing supplementary appropriations for the fiscal year ending June 30, 1964, which was signed by the Governor on May 12, 1964, and which is Act No. 1 of the extraordinary session which convened on May 4, 1964, so as to provide additional appropriations for the Legislative Branch of the Government; and for other purposes.

HR 72-69. By Messrs. Keyton and Russell of Thomas:
A Resolution proposing an amendment to Article VII, Sec. VII, Par. V of the Constitution so as to authorize Thomas County to issue revenue obligations for the purpose of paying costs of certain projects; and for other purposes.

The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following Bills and Resolution of the House to wit:
HB 5. By Messrs. Laite, House and Groover of Bibb: A Bill to convey to Lamar Properties, Inc. the fee simple title to cer tain property in the City of Macon; and for other purposes.
HB 42. By Mr. Bowen of Toombs: A Bill to amend an Act creating a new charter for the City of Vidalia, in the County of Toombs, so as to change the corporate limits of said City of Vidalia; and for other purposes.
HB 59. By Mr. Andrews of Stephens: A Bill to amend an Act incorporating the City of Toccoa so as to pro-

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vide for the establishment of a Civil Service Board and to designate the qualifications and personnel thereof; and for other purposes.

HR 65. By Mr. White of Mclntosh:
A Resolution relative to the Area Redevelopment Administration; and for other purposes.

The Senate has passed by substitute by the requisite constitutional majority the following Bill of the House to wit:

HB 14. By Mr. Causby of Gordon:
A Bill to amend an Act placing the sheriff of Gordon County upon an annual salary, so as to provide for deputy sheriffs and their com pensation; and for other purposes.

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

SB 16. By Senators Yancey of the 33rd and Kendrick of the 32nd:
A Bill to create a Board of Commissioners of Roads and Revenues for Cobb County, Georgia; to repeal conflicting laws; and for other pur poses.

Mr. Busbee of Dougherty County, Chairman of the Committee on Judiciary, submitted the following report:
Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bill of the Senate and has instructed me as Chairman, to report the same back to the House with the following recommendation:
SB 13. Do Pass by Substitute. Respectfully submitted, Busbee of Dougherty, Chairman.

Mr. Hall of Dade County, Chairman of the Committee on Local Affairs, submitted the following report:
Mr. Speaker:
Your Committee on Local Affairs has had under consideration the following

MONDAY JUNE 8, 1964

667

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

HB 58. Do Pass.

HB 66. Do Pass.

HR 50-59. Do Pass.

Respectfully submitted,

Hale of Dade,

Chairman.

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

SB 16. By Senators Yancey of the 33rd and Kendrick of the 32nd:
A Bill to be entitled an Act to create a Board of Commissioners of Roads and Revenues for Cobb County; and for other purposes.
Referred to the Committee on Local Affairs.

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

HB 58. By Mr. Barber of Jackson:
A Bill to be entitled an Act to create and establish the Jackson County Airport Authority, to confer powers and to impose duties on the Au thority, and for other purposes.

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

On the passage of the Bill, the ayes were 120, nays 0.

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

HB 62. By Messrs. Ware and Spikes of Troup:
A Bill to be entitled an Act to abolish the justice courts, the offices of justice of the peace, the offices of the notary public ex-officio justice of the peace, the offices of constable in the 655th Militia District of Troup County, and for other purposes.

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The following Committee amendment was read and adopted:

The Committee on Local Affairs moves to amend HB 62 as follows:

By striking from the first paragraph of Section 4 the following: "the people of the City of LaGrange, the first such judge to be elected in the general election of 1968.", and by inserting in lieu thereof the following: "the grand jury of Troup County meeting in November, 1968, and by the November term each four years thereafter, from among nominations of three qualified persons submitted to it by the Troup County Bar Association."; and

By striking from the first paragraph of Section 5 the following: "and must have been an active member of the State Bar of Georgia", and by inserting in lieu thereof the following: "and must have practiced law"; and

By striking Section 8 in its entirety and by inserting in lieu thereof a new Section 8 to read as follows:

"Section 8. The judge of said court shall receive a salary in the amount of Ten Thousand Dollars ($10,000.00) per annum. The salary provided for herein shall be paid monthly from the Treas ury of Troup County out of the general funds of said county. The salary of any judge holding office as provided for herein shall not be diminished during his term of office."

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

On the passage of the Bill, as amended, the ayes were 120, nays 0.

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

HB 66. By Messrs. Wilson and Flournoy of Cobb: A Bill to be entitled an Act to amend an Act creating a new Charter for the City of Marietta, so as to change the corporate limits of the City of Marietta, and for other purposes.
The following amendment was read and adopted:
Messrs. Flournoy, Wilson and Teague of Cobb moves to amend HB 66 as follows:

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669

By adding at the end of Section 1 the following:

"Parcel No. 11

"All that tract or parcel of land lying and being in Land Lot 1018, 16th District, 2nd Section, Cobb County, Georgia, and being more particularly described as follows:

"BEGINNING at a point on the Northeasterly right of way of Damar Road, said beginning point is 280 feet Northwesterly from the intersection of the Northeast right of way of Damar Road and the Northerly right of way of Allgood Road, as measured along the Northeasterly right of way of Damar Road; running thence Northwesterly along the Northeasterly right of way of Damar Road for a distance of 300 feet to a point; running thence northerly for a distance of 393 feet to a point; running thence Southeasterly for a distance of 546 feet to a point; running thence South 41 degrees 27 minutes West for a distance of 311 feet to a point on the North easterly right of way of Damar Road and the point of beginning.

"Parcel No. 12
"All that tract or parcel of land lying and being in Land Lot 1018, 16th District, 2nd Section, Cobb County, Georgia, and being more particularly described as follows:
"BEGINNING at a point on the Northeasterly right of way of Damar Road 580 feet Northwest of the intersection of the Northerly right of way of Allgood Road with the Northeasterly right of way of Damar Road, as measured along the Northeasterly right of way of Damar Road; running thence Northwesterly along the Northeasterly right of way of Damar Road for a distance of 335 feet to a point; running thence Northeasterly for a distance of 425 feet more or less to a point on the Northern boundary of Land Lot 1018, said point being located 574 feet West of the North east corner of Land Lot 1018; running thence Easterly along the Northern Boundary of Land Lot 1018 for a distance of 62 feet to a point; running thence Southwesterly for a distance of 582 feet to a point on the Northeasterly right of way of Damar Road and the point of beginning.

"Parcel No. 13
"All that tract or parcel of land lying and being in Land Lots 1017 and 1018, 16th District and Second Section, Cobb County, Georgia, and being more particularly described as follows:
"BEGINNING at a point in Land Lot 1017, at the intersection of the Southerly right of way of Industrial Park Drive with the Easterly right of way of U. S. 41. Pour Lane Highway; running thence North 44 degrees 25 minutes East along the Southerly right of way of Industrial Park Drive for a distance of 205 feet to a point; running thence Southeasterly parallel to the Easterly right of way of U. S. 41, Four Lane Highway; for a distance of 192.5 feet; running thence South 44 degrees 18 minutes West for a dis-

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tance of 205 feet to a point on the Easterly right of way of U. S. 41, Pour Lane Highway; running thence Northwesterly along the Easterly right of way of U. S. 41, Pour Lane Highway for a dis tance of 193 feet to the point of beginning.

"Parcel No. 14
"All that tract or parcel of land lying and being in Land Lot 1,000, 16th District, 2nd Section, Cobb County, Georgia, and being mort particularly described as follows:
"BEGINNING at a point on the centerline of the L & N In dustrial Park Spurtrack; said beginning point is 475 feet South easterly as measured along the centerline of said spurtrack from the intersection of said spurtrack with the Southeasterly right of way of Industrial Park Drive; running thence Northeasterly for a distance of 335 feet to a point on the Southwesterly right of way of Industrial Park Drive 225 feet Southeasterly as measured along the Southeasterly side of Industrial Park Drive from the point where Industrial Park Drive bends in a Southwesterly direction; running thence Southeasterly along the Southwesterly right of way of Industrial Park Drive for a distance of 301.3 feet to a point; running thence Southwesterly for a distance of 380 feet to a point on the centerline of the L & N Industrial Park Spurtrack; running thence Northwesterly along the center line of said spurtrack for a distance of 250 feet to the point of beginning.

"Parcel No. 15
"All that tract or parcel of land lying and being in Land Lots 999 and 1,000 of the 16th District, 2nd Section, Cobb County, Geor gia, and being more particularly described as follows:
"BEGINNING at a point on the Westerly side of Industrial Park Drive 250 feet Northerly as measured along the curvature of the Westerly side of said Industrial Park Drive from its inter section with the centerline of the L & N Industrial Park Spur track; thence Northerly and Northwesterly along the curvature of said Industrial Park Drive 564.3 feet to a point; thence North 59 degrees 37 minutes West along the Southwesterly side of Industrial Park Drive for a distance of 158.1 feet to a point; thence North 59 degrees 20 minutes West along the Southwesterly right of way of Industrial Park Drive for a distance of 218.3 feet to a point; thence South 41 degrees 32 minutes West for a distance of 421.5 feet to a point on the centerline of the L & N Industrial Park Spur track; running thence South 48 degrees 28 minutes East along the center line of said spurtrack for a distance of 570 feet to a point; running thence North 30 degrees East for a distance of 250 feet to a point; thence South 48 degrees 28 minutes East for a distance of 300 feet to a point on the Northwesterly right of way of Indus trial Park Drive and the point of beginning.

MONDAY JUNE 8, 1964

671

"Parcel No. 16

"All that tract or parcel of land lying and being in Land Lot 1,000, 16th District, 2nd Section, Cobb County, Georgia, and being more particularly described as follows:

"BEGINNING at a point on the center line of the L & N In dustrial Park Spurtrack; said beginning point is 1020 feet North westerly as measured along the center line of said spurtrack from the intersection of said center line with the Northwesterly right of way of the Industrial Park Drive; thence running North 41 de grees 32 minutes East for a distance of 398 feet to a point on the Southwesterly right of way of Industrial Park Drive; running thence South 39 degrees 20 minutes East along the Southwesterly right of way of Industrial Park Drive, for a distance of 150 feet to a point; running thence Southwesterly for a distance of 421.5 feet more or less to the center line of the L & N Industrial Park Spurtrack; running thence Northwesterly along the center line of said spurtrack for a distance of 150 feet to the point of beginning.

"Parcel No. 17

"All that tract or parcel of land lying and being in Land Lot 1,000, 16th District, 2nd Section, Cobb County, Georgia, and being more particularly described as follows:

"BEGINNING at a point on the center line of the L & N In dustrial Park Spurtrack; said beginning point is 1020 feet North westerly as measured along the centerline of said spurtrack from the intersection of said centerline with the Northwesterly right of way of Industrial Park Drive; running thence North 41 degrees 32 minutes East for a distance of 398 feet to a point on the southwest erly right of way of Industrial Park Drive; running thence North westerly along the Southwesterly right of way Industrial Park Drive for a distance of 100 feet to a point; running thence South westerly for a distance of 380 feet to a point on the centerline of the L & N Industrial Park Spurtrack; running thence Southeasterly along the centerline of said spurtrack for a distance of 75 feet to the point of beginning."

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

On the passage of the Bill, as amended, the ayes were 120, nays 0.

The Bill, having received the requisite constitutional majority, was passed, as amended.
Mr. Plournoy of Cobb asked unanimous consent that the following Bill of

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the House be returned to the Senate for the purpose of correcting a typographical error:

HB 25. By Messrs. Flournoy, Wilson and Teague of Cobb:
A Bill to be entitled an Act to amend, consolidate, revise and supersede an Act incorporating the town of Elizabeth, and for other purposes.

The Consent was granted and HB 25 was returned to the Senate.

The following Resolutions of the House were read and adopted:

HR 80. By Messrs. Bolton of Spalding, Smith of Emanuel and Smith of Grady:
A RESOLUTION
Congratulating Honorable Paul L. Hanes; and for other purposes.
WHEREAS, Honorable Paul L. Hanes, Decatur, Georgia, has re cently passed the State Bar Examination; and
WHEREAS, he is the son of the highly respected and able Pete Hanes, Associated Press Correspondent at the State Capitol; and
WHEREAS, he is a fine young man with outstanding ability and will go far in his chosen profession;
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that sincerest congratulations are hereby ex tended to Honorable Paul L. Hanes upon his successful passage of the State Bar Examination and the members of this body hereby wish for him a most successful future in the legal profession.
BE IT FURTHER RESOLVED that congratulations are also ex tended to Honorable Pete Hanes on this momentous occasion.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a suitable copy of this Resolution to Honorable Paul L. Hanes and Honorable Pete Hanes.
HR 81. By Messrs. Smith of Emanuel and Fowler of Douglas:
A RESOLUTION
Congratulating Honorable Maylon K. London; and for other pur poses.

MONDAY JUNE 8, 1964

$73

WHEREAS, Honorable Maylon K. London, an employee in the office of the State Treasurer, successfully passed the State Bar Exami nation which was given in April; and

WHEREAS, he has always been most helpful and willing to assist the members of this body and has rendered many acts of kindness and consideration; and

WHEREAS, he is now able to fulfill his ambition of engaging in the practice of law and becoming a member of the learned legal pro fession;

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that sincerest congratulations are hereby ex tended to Honorable Maylon K. London upon his successful passage of the State Bar Examination and the members of this body hereby wish for him a most successful future in his chosen profession.

BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a suitable copy of this Resolution to Honorable Maylon K. London.

HR 82. By Messrs. Smith of Grady, Smith of Emanuel, Bolton of Spalding and many others:
A RESOLUTION
Congratulating Honorable Harry Mixon; and for other purposes.
WHEREAS, Honorable Harry Mixon, Representative from Irwin County, successfully passed the State Bar Examination which was given in April; and
WHEREAS, he has served with distinction and honor for several terms in the House of Representatives and has represented his con
stituents in an outstanding manner, always bearing in mine their best interest; and
WHEREAS, he has endeared himself to all the members of this body by his helpfulness and his willingness to assist others in their endeavors; and
WHEREAS, he served as a member of the Constitution Revision Commission and worked many long and hard days for the people of this State; and
WHEREAS, he is now able to fulfill his ambition of engaging in the practice of law and becoming a member of the learned legal pro fession.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF

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REPRESENTATIVES that sincerest congratulations are hereby ex tended to Honorable Harry Mixon upon his successful passage of the State Bar Examination and the members of this body hereby wish for him a most successful future in his chosen profession.

BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a suitable copy of this Resolution to Honorable Harry Mixon.

Under the Special and continuing order of unfinished business, SB 1 was taken up.
Section 34-904. Investigation of fraud and irregularity in primaries: powers of State executive committee and State Election Board; Petitions; appeals; notices; hearings; reports; orders, was read and adopted.
Section 34-905. Committees of political bodies; officers; authority to adopt rules and regulations, was read.

The following amendment to Section 34-905 was read and adopted:
Mr. Murphy of Haralson moves to amend Section 34-905 sub-section (c) as follows:
By striking the following words: "with the Secretary of State and".

Section 34-905 was adopted as amended.

Mr. Murphy of Haralson asked unanimous consent that the House reconsider its action in adopting Section 34-401.
The consent was granted and the House has reconsidered.

Section 34-401. Powers and duties of ordinaries, was read.
The following amendments were read and adopted: Murphy of Haralson moves to amend SB 1 as follows:

MONDAY JUNE 8, 1964

675

By adding at the end of subsection (f) of Code Section 34-401, the following:

"However, in those counties that have a Justice of the Peace in each voting precinct such Justice of the Peace shall serve as election managers and appoint such assistant managers as are pro vided by this Act. In the event said Justice of the Peace shall fail or refuse to act or in the event there is a vacancy in the office of Justice of the Peace, then the ordinary shall designate the poll of ficers for such precinct;",
so that when so amended, subsection (f) shall read as follows:

"(f) To appoint poll officers and other officers to serve in elections in accordance with the provisions of this Code. However, in those counties that have a Justice of the Peace in each voting pre cinct such Justice of the Peace shall serve as election managers and appoint such assistant managers as are provided by this Act. In the event said Justice of the Peace shall fail or refuse to act or in the event there is a vacancy in the office of Justice of the Peace, then the ordinary shall designate the poll officers for such pre cinct;".

Mr. Groover of Bibb moves to amend SB 1 by inserting in Section 34-401 (e) after the word "purchase" the following: "except voting machines and vote recorders".

Mr. Groover of Bibb moves to amend SB 1 by inserting in Section 34-401 (d) the words "except voting machines and voting recorders" after the word "equip".

Section 34-401 was adopted as amended.

Chapter 34-10 Nomination of Candidates. A. In General.

Section 34-1001. Filing notice of candidacy, was read and adopted.

Section 34-1002. Candidate required to designate specific office sought in certain cases, was read.

The following committee amendment was read and adopted: The Committee on Judiciary moves to amend SB 1 as follows: By striking the last sentence contained in Section 34-1002.

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Section 34-1002 was adopted as amended.

Section 34-1003. Substituted nominations by parties and bodies, was read and adopted.

Section 34-1004. Qaulification fees, was read and adopted.

Section 34-1005. Primaries to be conducted only by political parties; conduct of primaries, was read and adopted.

Section 34-1006. Qualifications of candidates, was read.

The following amendments were read and adopted:
Mr. Hale of Dade moves to amend SB 1 Section 34-1006 as follows:
By adding after the words "September 9, 1964," the following "or any primary prior thereto" and by adding the word "general" between the words such and primary in the last sentence.
Wilkes of Cook moves to amend Section 34-1006 by striking in line 9 the words "August 12 or" and by striking the period at the end of the second sentence of such section and inserting in lieu thereof the following:
"; and a party shall fix no other qualification deadline"

Section 34-1006 was adopted as amended.

Section 34-1007. Polling places and poll officers to be used, was read and adopted.

Section 34-1008. Ballots; ballot boxes; voting machines, vote recorders and other supplies for primaries, was read:

The following Committee amendment was read and adopted: The Committee on Judiciary moves to amend SB 1 as follows: By striking the word "note" in the third sentence of Section

MONDAY JUNE 8, 1964

677

34-1008 and inserting in lieu thereof the word "vote".

Section 34-1008 was adopted as amended.

Section 34-1009. Primary expenses, was read and adopted.

Section 34-1010. Nomination petitions, was read:

The following amendment was read:

Messrs. Pope of Cherokee and McCracken of Jefferson moves to

amend SB 1 as follows:

;

By striking the words "five per cent" wherever the same ap pears in Paragraph (b) of Section 34-1010 and inserting in lieu thereof the words "three per cent".

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

Those voting in the affirmative were Messrs.

Alien Blair Bowen, A. Brackin Brooks, Wilson Carr Conger Been, H. D. Duncan, A. C. Duncan, J. E. Echols Etheridge Flournoy Funk Gibbons Harris House Houston Johnson, B. Jones, M.

Jordan, J. E. Keadle Keyton Knight, W. D. Lewis Lindsey Lowrey Mackay McClelland McCracken Milford Milhollin Moate Moore Murphy Newton, D. L. Pafford Paris Partridge Peterson

Poole Pope Poss Rhodes Roper Russell Sinclair Smith, E. B. , Jr. Smith, R. R. Snow
Steis Teague Todd Tucker, J. B Underwood, J. C. Wells, D. W, Wiggins Williams, G. J. Williams, W. M.

Those voting in the negative were Messrs.:

Anderson Andrews Barber

Beck Bell Blalock, D. B.

Blalock, E. Bolton Bowen, R. L.

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JOURNAL OF THE HOUSE,

Bowen, R. W. Brown Busbee Bynum Byrd Chandler Clarke, H. G. Conner Cullens Dean, N. Dixon Greene Hale Harrell Harrington Henderson Horton Isenberg Johnson, A. S., Dr. Killian

Lane Lee, W. J. (Bill) Lee, Wm. S. McDonald McKemie Melton Mitchell Mixon Morgan, H. Morgan, J. H. Nessmith Newton, A. S. Odom Overby Parker Perry Pickard Ponsell Rainey Richardson

Rogers, Jimmie Shea Shuman Simmons Smith, G. L. II Spikes
Story Tabb
Towson Tucker, Ray M.
Vaughn Walker Warren Watts White Wilkes Woodward Hudgins

Those not voting were Messrs. :

Abney Acree Arnsdorff Bagby Ballard Baughman Bedgood Black Bowen, R. P. Branch Brantley Brooks, Geo. B. Caldwell Causby Clark, J. T. Coker, G., Dr. Coker, R.
Davis Dennard DeVane Dicus Dorminy Fleming
Floyd Flynt Fowler, A. A., Jr. Fowler, J. W.

Fulford Griffin Groover Hall
Herndon Hill Hull Hurst Jones, C. M. Jones, D. C. Jones, F. C. Jordan, W. H. Kelly Kirkland Knight, D. W. Laite Lambert Lee, G. B. Leonard Logan Lokey Matthews, C. Matthews, D. R. Meeks Mullis Payton Phillips

Raulerson Reaves Roberts Rodgers, H. B. Rowland Rutland Scarborough Sewell Simpson Singer Smith, A. C., Jr. Smith, Chas. C. Smith, V. T. Stalnaker Strickland Stuckey Tucker, M. K. Twitty
Underwood, R. R. Ware Watson Wells, H. H. Wilson, Hoke
Wilson, J. M. Smith, G. T.

On the adoption of the amendment, the ayes were 59, nays 67.

MONDAY JUNE 8, 1964

679

The amendment was lost.

The following amendment was read:
Mr. Williams of Hall moves to amend Section 34-1010 (b) by delet ing the words "judicial circuit and inserting the word "state" in line 7.

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

Those voting in the affirmative were Messrs.:

Barber Bynum Cullens Echols Punk House

Lindsey McClelland McCracken Milhollin Moate Overby

Simmons Smith, R. R. Williams, G. J. Williams, W. M.

Those voting in the negative were Messrs.:

Alien Anderson Arnsdorff Baughman Beck Bell Blair Blalock, D. B. Blalock, E. Bolton Bowen, A. Bowen, R. L. Bowen, R. W. Brackin Branch Brooks, Wilson Brown Busbee Byrd Caldwell Chandler Clark, J. T. Clarke, H. G. Coker, R. Conger Conner Davis Deen, H. D.

Dixon Dorminy Duncan, A. C. Duncan, J. E. Etheridge Flournoy Floyd Fowler, A. A. Jr. Gibbons Hale Harrington Harris Henderson Horton Houston Hurst Isenberg Johnson, A. S. Dr. Jones, M. Jordan, J. E. Keadle Keyton Kirkland Knight, W. D. Lee, W. J. (Bill) Lee, Wm. S. Lowrey Mackay

McDonald Melton Milford Mixon Morgan, H. Newton, A. S. Newton, D. L. Odom Pafford Parker Partridge Perry Peterson Phillips Ponsell Poole Pope Poss Rainey Rhodes Richardson Roberts Rodgers, H. B. Rogers, Jimmie Roper Russell Shea Shuman

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JOURNAL OF THE HOUSE,

Smith, Chas. C. Smith, E. B., Jr. Smith, G. L. II Spikes Stalnaker Steis Story Strickland Tabb

Teague Todd Towson Tucker, J. B. Tucker, Ray M. Vaughn Walker Warren Watts

Wells, D. W. Wells, H. H. White Wiggins Wilkes Wilson, J. M. Woodward Hudgins

Those not voting were Messrs. :

Abney Acree Andrews Bagby Ballard Bedgood Black Bowen, R. P. Brantley Brooks, Geo. B. Carr Causby Coker, G., Dr. Dean, N. Dennard DeVane Dicus Fleming Flynt Fowler, J. W. Fulford Greene Griffin Groover Hall Harrell

Herndon Hill Hull Johnson, B. Jones, C. M. Jones, D. C. Jones, F. C. Jordan, W. H. Kelly Killian Knight, D. W. Laite Lambert Lane Lee, G. B. Leonard Lewis Logan Lokey Matthews, C. Matthews, D. R. McKemie Meeks Mitchell Moore Morgan, J. H.

Mullis Murphy Nessmith Paris Pickard Raulerson Reaves Rowland Rutland Scarborough Sewell Simpson Sinclair Singer Smith, A. C., Jr. Smith, V. T. Snow Stuckey Tucker, M. K. Twitty Underwood, J. C. Underwood, R. R. Ware Watson Wilson, Hoke Smith, G. T.

On the adoption of the amendment, the ayes were 16, nays 110.

The amendment was lost.

The following amendment was read:
McCracken of Jefferson moves to amend Senate Bill No. 1 as follows:
By changing the period in line ten of sub-paragraph (c) of Section 34-1010 to a comma and adding the following language:

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681

"except that a single nomination petition may support the candi dacy of any one group of Presidential electors." So that sub-paragraph (c) of Section 34-1010 as amended will read as follows:

"34-1010 (c) Each person signing a nomination petition shall declare therein that he is a duly qualified and registered elector of the State entitled to vote in the next general election for the filling of the office sought by the candidate supported by the petition, and shall add to his signature his residence address, giving municipality, if any, and county, with street and number, if any, and shall also add the name of his election district, if known. No person shall sign the same petition more than once. Each petition shall support the candidacy of only a single candidate, except that a single nomination petition may support the candidacy of any one group of Presidential electors. A signature shall be stricken from the petition when the signer so requests prior to the presentation of the petition to the appropriate officer for filing, but such a request shall be disregarded if made after such presentation."

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

Those voting in the affirmative were Messrs.:

Bowen, A. Punk Groover Keyton

McCracken Moate Murphy

Those voting in the negative were Messrs.:

Acree Anderson Arnsdorff Barber Beck
Bell Blair Blalock, D. B. Blalock, E. Bolton Bowen, R. L. Bowen, R. W. Brackin Branch Brooks, Wilson Brown Busbee
Bynum Byrd Causby Chandler

Clarke, H. G. Coker, R. Conner Cullens Davis
Dean, N. Deen, H. D. Dixon Dorminy Duncan, A. C. Duncan, J. E. Etheridge Plournoy Fowler, A. A. Jr. Fowler, J. W. Gibbons Hale
Harrell Harrington Harris Henderson

Rhodes Russell Todd
House Houston Hurst Isenberg Johnson, A. S. Dr. Jones, M. Jordan, J. E. Keadle Kirkland Lee, W. J. (Bill) Lee, Wm. S. Lewis Lowrey Mackay Matthews, C. McClelland McDonald Meeks Melton Milford Milhollin

682
Mitchell Mixon Newton, A. S. Newton, D. L. Odom Overby Pafford Parker Partridge Perry Peterson Phillips Ponsell Poole Pope Poss

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Rainey Richardson Roberts Rodgers, H. B. Rogers, Jimmie Shea Shuman Simmons Sinclair Smith, E. B., Jr. Smith, V. T. Spikes Stalnaker Steis Story Strickland

Tabb Tucker, Ray M. Twitty Vaughn Walker Warren Watts Wells, D. W. Wells, H. H. White Wiggins Wilkes Williams, G. J. Williams, W. M. Woodward Hudgins

Those not voting were Messrs. :

Abney Alien Andrews Bagby Ballard Baughman Bedgood Black Bowen, R. P. Brantley Brooks, Geo. B. Caldwell Carr Clark, J. T. Coker, G., Dr. Conger Dennard DeVane Dicus Echols Fleming Floyd Flynt Fulford Greene Griffin Hall Herndon

Hill Horton Hull Johnson, B. Jones, C. M. Jones, D. C. Jones, F. C. Jordan, W. H. Kelly Killian Knight, D. W. Knight, W. D. Laite Lambert Lane Lee, G. B. Leonard Lindsey Logan Lokey Matthews, D. R. McKemie Moore Morgan, H. Morgan, J. H. Mullis Nessmith Paris

Payton Pickard Raulerson Reaves Roper Rowland Rutland Scarborough Sewell Simpson Singer Smith, A. C., Jr. Smith, Chas. C. Smith, G. L. II Smith, R. R. Snow Stuckey Teague Towson Tucker, J. B. Tucker, M. K. Underwood, J. C. Underwood, R. R. Ware Watson Wilson, Hoke Wilson, J. M. Smith, G. T.

On the adoption of the amendment, the ayes were 10, nays 111.

The amendment was lost.

MONDAY JUNE 8, 1964

683

The following amendment was read and adopted:

Mr. Groover of Bibb moves to amend SB 1 Section 34-1010 by striking therefrom the words: "and shall also add the name of his election district".

Section 34-1010 was adopted as amended.

Section 34-1011. Examination of nomination petition; judicial review, was read and adopted.

Section 34-1012. Preservation of nomination petitions; was read.

The following Committee amendment was read and adopted:

The Committee on Judiciary moves to amend SB 1 as follows: By striking Section 34-1012 in its entirety.

The Speaker announced the House recessed until 2:00 o'clock p.m. AFTERNOON SESSION
The Speaker called the House to order at 2:00 o'clock p.m.

Chapter 34-11. Ballots.

Section 34-1101. Official ballots to be used, was read and adopted.

Section 34-1102. Form of official primary ballot, was read.

The following amendment was read:
Harris of DeKalb moves to amend SB 1 by striking subsection (b) of Section 34-1102 in its entirety and inserting in lieu thereof the fol lowing :
"(b) Immediately under this caption, the following directions

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shall be printed: "Mark out the name of each candidate for whom you do not wish to vote and/or mark a cross (x) or check ( V ) mark in the square opposite the name of each candidate for whom you do wish to vote. If you spoil your ballot, do not erase, but ask for a new ballot: Use only pen or pencil." Marks made in violation of these directions shall be disregarded in the counting of the votes
cast"

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

Those voting in the affirmative were Messrs.

Barber Bolton Dixon Funk Harris House

Jones, M. Keadle Lindsey Mackay Pickard

Richardson Spikes Steis Williams, G. J. Williams, W. M.

Those voting in the negative were Messrs.:

Abney Acree Alien Anderson Arnsdorff Ballard Baughman Beck Black Blair Blalock, D. B. Bowen, A. Bowen, R. L. Bowen, R. W. Brackin Brown Byrd Caldwell Causby Clark, J. T. Clarke, H. G. Coker, R. Conger Conner Davis Been, H. D. Duncan, A. C. Duncan, J. E. Flournoy

Flynt Fowler, J. W. Fulford Griffin Groover Hale H orton Hurst Johnson, A. S. Dr. Johnson, B. Jordan, J. E. Kirkland Knight, D. W. Knight, W. D. Lee, G. B. Lee, Wm. S. Leonard Lewis Logan Lokey Lowrey Matthews, C. McClelland McCracken McDonald McKemie Meeks Milford Mitchell

Mixon Morgan, H. Morgan, J. H. Murphy Newton, A. S. Odom Overby Partridge Payton Perry Peterson Ponsell Poole Pope Rainey Raulerson Rhodes Roberts Rogers, Jimmie Roper Russell Shea Simpson Sinclair Singer Smith, E. B., Jr. Snow Stalnaker Story

Tabb Todd Towson Tucker, Ray M. Twitty Underwood, J. C.

MONDAY JUNE 8, 1964
Underwood, R. R. Vaughn Walker Warren Watts Wells, D. W.

685
Wells, H. H. White Wiggins Wilson, Hoke Woodward Hudgins

Those not voting were Messrs.:

Andrews Bagby Bedgood Bell Blalock, E. Bowen, R. P. Branch Brantley Brooks, Geo. B. Brooks, Wilson Busbee Bynum Carr Chandler Coker, G., Dr. Cullens Dean, N. Dennard DeVane Dicus Dorminy Echols Etheridge Fleming Floyd Fowler, A. A. Jr. Gibbons Greene

Hall Harrell Harrington Henderson Herndon Hill Houston Hull Isenberg Jones, C. M. Jones, D. C. Jones, F. C. Jordan, W. H. Kelly Keyton Killian Laite Lambert Lane Lee, W. J. (Bill) Matthews, D. R. Melton Milhollin Moate Moore Mullis Nessmith Newton, D. L.

Pafford Paris Parker Phillips Poss Reaves Rodgers, H. B. Rowland Rutland Scarborough Sewell Shuman Simmons Smith, A. C., Jr. Smith, Chas. C. Smith, G. L. II Smith, R. R. Smith, V. T. Strickland Stuckey Teague Tucker, J. B. Tucker, M. K. Ware Watson Wilkes Wilson, J. M. Smith, G. T.

On the adoption of the amendment, the ayes were 16, nays 105.

The amendment was lost.

Section 34-1102 was adopted.

Section 34-1103. Form of official election ballot, was read and adopted. Section 34-1104. Form of ballots; printing ballots; stubs; numbers, was read.

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The following amendments were read and adopted:

Mr. Murphy of Haralson moves to amend SB 1 Section 34-1104 as follows:

By striking from the last sentence of said section the word "back" wherever it appears therein and inserting in lieu thereof the word "front", and; by changing the period at the end of said Section to a comma and adding the following language: 'with the following words printed thereon, to wit:

"tear off before depositing in ballot box."

Mr. Lee of Dougherty moves to amend SB 1 Section 34-1104 by adding after the word "fifty" in the fourth from last line on page 92 the words "or one hundred".

Section 34-1104 was adopted as amended.

Section 34-1105. Candidates with similar surnames; occupation to be printed, was read.

The following amendment was read:
Mr. Groover of Bibb moves to amend SB 1 by striking Section 341105 in its entirety and renumber the remaining sections accordingly.

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 Alien Anderson Arnsdorff Ballard Barber Baughman Beck Black Blair Bowen, A. Brackin Brooks, Wilson Brown

Bynum Byrd Causby Clark, J. T. Coker, R. Davis Dean, N. Deen, H. D. Dixon Duncan, A. C. Duncan, J. E. Echols Flynt Fowler, J. W.

Pulford Funk Groover Horton Houston Hurst Johnson, A. S. Dr. Johnson, B. Jones, C. M. Keadle Keyton Kirkland Knight, D. W. Knight, W. D.

Lane Lee, G. B. Leonard Lewis Lindsey Lowrey Matthews, C. McClelland McCracken McDonald McKemie Milford Milhollin Mitchell Mixon Morgan, J. H. Nessmith

MONDAY JUNE 8, 1964
Newton, A. S. Paris Parker Partridge Perry Peterson Ponsell Poole Poss Eainey Raulerson Richardson Roberts Roper Russell Shea Shuman

Those voting in the negative were Messrs.:

Acree Blalock, D. B. Bolton Bowen, R. L. Busbee Clarke, H. G. Coker, G., Dr. Etheridge Harris Henderson

House Jones, M. Jordan, J. E. Meeks Morgan, H. Murphy Overby Pickard Pope Rhodes

Those not voting were Messrs.:

Andrews Bagby Bedgood Bell Blalock, E. Bowen, R. W. Bowen, R. P. Branch Brantley Brooks, Geo. B. Caldwell Carr Chandler Conger Conner Cullens Dennard DeVane Dicus Dorminy

Fleming Plournoy Floyd Fowler, A. A. Jr. Gibbons Greene Griffin Hale Hall Harrell Harrington Herndon Hill Hull Isenberg Jones, D. C. Jones, F. C. Jordan, W. H. Kelly Killian

687
Simmons Singer Snow Steis Strickland Tabb Todd Tucker, J. B. Tucker, Ray M. Walker Warren Wells, D. W. Wells, H. H. White Wilson, Hoke Hudgins
Rogers, Jimmie Smith, E. B., Jr. Spikes Story Watts Williams, G. J. Williams, W. M. Woodward
Laite Lambert Lee, W. J. (Bill) Lee, Wm. S. Logan Lokey Mackay Matthews, D. R. Melton Moate Moore Mullis Newton, D. L. Odom Pafford Payton Phillips Reaves Rodgers, H. B. Rowland

688
Rutland Scarborough Sewell Simpson Sinclair Smith, A. C., Jr. Smith, Chas. C. Smith, G. L. II Smith, R. R.

JOURNAL OF THE HOUSE,
Smith, V. T. Stalnaker Stuckey Teague Towson Tucker, M. K. Twitty Underwood, J. C. Underwood, R. R.

Vaughn Ware Watson Wiggins Wilkes Wilson, J. M. Smith, G. T.

On the adoption of the amendment, the ayes were 92, nays 28.

The amendment was adopted.

Section 34-1105 was adopted as amended.

Section 34-1106. Names of substituted candidates to be printed on ballots, was read and adopted.

Section 34-1107. Number of ballots to be printed, was read and adopted.

Section 34-1108. Forms of ballots on file and open to public inspection, was read and adopted.

Section 34-1109. Superintendent to cause ballots to be accurately printed, was read and adopted.

Section 34-1110. Correction of mistakes appearing on ballot, was read and adopted.
Section 34-1111. Record of ballots to be kept, was read and adopted.
Chapter 34-2 was again taken up. State Election Board.
Section 34-201. Creation; seal; by-laws; advisers; meetings of Board; minutes of meetings, was read.
The following amendment was read:

MONDAY JUNE 8, 1964

689

Smith of Grady, Bolton of Spalding, Busbee of Dougherty, Andrews of Stephens, Groover of Bibb, and Caldwell of Upson move to amend Chapter 34-2 of Senate Bill 1 by striking the same in its entirety and inserting in lieu thereof the following:

Chapter 34-2. State Election Board.
Section 34-201. Creation; seal; by-laws; advisers; meetings of Board; minutes of meetings. -- (a) There is hereby created a State board to be known as the "State Election Board" to be composed of the Secretary of State, an elector to be elected by a majority vote of the Senate of the General Assembly who shall serve at the pleasure of the Senate, and an elector to be elected by a majority vote of the House of Representatives of the General Assembly who shall serve at the pleasure of the House. No person while a member of the General As sembly shall serve as a member of the Board. If this Code should be come effective at a time when the General Assembly is not in session, then the President of the Senate shall thereupon appoint an elector to serve on the Board until such time as an elector is elected by the Senate, and the Speaker of the House of Representatives shall thereupon appoint an elector to serve on the Board until such time as an elector is elected by the House. In the event a vacancy should occur or exist in the office of an elected or appointed member of the Board at a time when the General Assembly is not in session, then the President of the Senate shall thereupon appoint an elector to fill the vacancy if the prior incum bent of such office served at the pleasure of the Senate, and the Speaker of the House of Representatives shall thereupon appoint an elector to fill the vacancy if the prior incumbent of such office served at the pleasure of the House of Representatives. The Secretary of State shall be the Chairman of the Board. Two members of the Board shall consti tute a quorum, and no vacancy on the Board shall impair the right of the quorum to exercise all the powers and perform all the duties of the Board. The Board shall adopt a seal for its use, and by-laws for its own government and procedure.

(b) The State executive committee of each political party shall have the privilege of from time to time appointing a member of its party to act as an adviser to the Board. Such committee shall certify each appointment in writing to the Chairman of the Board which shall remain in effect until rescinded or superseded by later appointment. At each meeting, the Board shall consult with and receive the advice of each adviser present upon the matters under consideration, provided, how ever, that an advisor shall have no vote nor otherwise exercise any con trol over the Board in the exercise of its powers or in the performance of its duties under this Code. An advisor shall receive no compensation from public funds.

(c) Meetings shall be held whenever necessary to the performance of the duties of the Board on call of the Chairman or two of its mem bers. Minutes shall be kept of all meetings of the Board and a record kept of the vote of each member on all questions coming before the Board. The Chairman shall give to each member of the Board and to each adviser prior notice of the time and place of each meeting of the Board.

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Section 34-202. Duties of the Board. It shall be the duty of the State Election Board:
(a) To so coordinate the work of the Secretary of State, the ordi naries, the registrars, the deputy registrars, the poll officers, and other officials, as to obtain uniformity in their practices and proceedings and legality and honesty in all elections;

(b) To formulate, adopt and promulgate such rules and regulations, consistent with law, as will be conducive to the fair, legal and orderly conduct of elections; and upon the adoption of each rule and regulation, the Board shall promptly file certified copies thereof with the Secre tary of State and each ordinary; provided, however, no rule or regula tion shall be effective until sixty days after the same shall have been adopted and promulgated;

(c) To publish and furnish to election officials, from time to time, a sufficient number of indexed copies of all rules and regulations adopt ed by the Board;
(d) To investigate when necessary or advisable the administration of election laws, and frauds and irregularities in elections and to report violations of the election laws to the appropriate solicitor general for further investigation and prosecution. The findings of such an investi gation and any report concerning same shall not be publicly disclosed unless ordered by the grand jury of the county in which the alleged fraud or irregularity occurred within twelve months from the time the report is submitted as provided herein, except the same may be made public prior thereto in a court of law when relevant to a proceeding therein;
(e) To make such recommendations as it may deem advisable to the General Assembly relative to the conduct and administration of primaries and elections; and
(f) To employ such assistants as may be necessary.

Section 34-203. Authority of Board to institute or intervene in court actions; notice to Board.
(a) The State Election Board shall have the right to institute, or to intervene as a party in, any action in any court of this State or of the United States, seeking mandamus, injunctive or other relief to com pel compliance with any election or primary law of this State, or of any valid rule or regulation of the Board, or to restrain or otherwise prevent or prohibit any fraudulent or other illegal or improper conduct in connection therewith including the right to seek such relief for any anticipatory breach.
(b) Any petition seeking any of the relief authorized in subparagraph (a) above shall be filed in the superior court of the residence of the superintendent charged with the conduct of the election or primary in which it is alleged that there was or will be fraud or other illegal conduct, and all proceedings shall be heard and presided over by that

MONDAY JUNE 8, 1964

691

judge of the superior court of a judicial circuit adjoining that in which such county is located who is senior in time of service, and in case of disqualification of such judge, by that judge who is next senior in time of service. In the event any temporary order is sought, the petition may be presented to such judge prior to its filing for consideration of the application for such order.

(c) In the event, in the opinion of the judge presiding over such cause, adequate relief cannot otherwise be granted to assure compliance with said laws, rules and regulations, the judge may enter such order concerning the conduct of such election or primary which he shall deem necessary to assure compliance, including the right to require such election or primary to be held under the supervision of the State Elec tion Board.

(d) Upon any action being filed in any court of this State seeking relief affecting the calling, holding, conduct, determination, result, tabu lation or certification of any election or primary, except those insti tuted by the State Election Board, the State Election Board shall be served with a copy of the proceeding, by serving the same on the chair man thereof by mailing a copy to the chairman by certified or register ed mail, and a certificate that such service has been made shall be filed by the plaintiff or his attorney.

(e) Any verdict, judgment, decree, order, ruling or other judicial action in such cases shall be subject to review by the appellate court having jurisdiction thereof by direct bill of exceptions as provided by law. It shall be the duty of the proper court to consider application for stays or supersedeas in such cases without regard to whether any bill of exceptions has been certified or the record docketed in such cases.

Section 34-204. Evidence; hearing; witness in contempt. The State Election Board may examine on oath any person concerning any matter connected with or bearing on the proper discharge of its duties, and any member of the Board may administer such oath. The Board shall have full power to send for persons and papers, and to compel the witnesses to answer under oath touching any questions which may pro perly come before the Board and to take, through its agent, the depo sitions of witnesses. The Board, in investigating the administration of election laws within a county or any frauds or irregularities in elections held therein, shall conduct each hearing concerning same at a place within such county. No witness shall be compelled to attend if he should reside more than one hundred miles from the place of hearing by the nearest practical route, provided, however, that the Board may compel the taking of his testimony by deposition in the county of the residence of the witness. The sheriff of any county, or his deputy, or agent of the Board, shall serve all processes issued by the Board, or the same may be served by United States registered or certified mail and the produc tion of an appropriate return receipt issued by the United States Post Office shall constitute prima facie evidence of such service. In case of the refusal of any person subpoenaed to attend or testify, such fact shall be reported forthwith by the Board to the appropriate superior court, or to a judge thereof, and such court of judge shall order such witness to attend and testify, and, on failure or refusal to obey such order, such

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witness shall be dealt with as for contempt. Any witness so subpoenaed, and after attending, shall be allowed and paid the same mileage and fee as now allowed and paid witnesses in civil actions in the superior court.

Section 34-205. Compensation of members of Board.

Each member of thee State Election Board shall receive a per diem of $25.00 for each day spent in the work of the Board and shall receive his necessary travelling, food and lodging expeenses incurred in the performance of his duty, to be paid by the Secretary of State; pro vided, however, that the chairman of the Board shall receive no per diem.

The following amendments to the amendment by Messrs. Smith of Grady, Bolton of Spalding, and others were read and adopted:
Mr. Groover of Bibb moves to amend the amendment to Section 34203 (a) by striking the words "or improper" therefrom.
Mr. Murphy of Haralson moves to amend the amendment to Sec tion 34-203 (b) by adding after the words "and in case of disqualifica tion of each judge" the following language, to wit: "or in the event of the refusal of such judge to act."

The following amendment to the amendment by Messrs. Smith of Grady, Bolton of Spalding, and others was read:
Mr. Cullens of Bartow moves to amend the amendment to SB 1, Section 34-203 (a), (b), (c), (d) and (e) by striking the words "or primary" wherever they appear in said section, so that said State Elec tion Board shall concern itself with General elections only.

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

Those voting in the affirmative were Messrs.:

Bowen, R. L. Bynum Causby Cullens

Davis Dorminy Leonard Milhollin

Those voting in the negative were Messrs.:

Abney Acree Alien

Anderson Arnsdorff Bagby

Mixon Rainey Scarborough Steis
Ballard Barber Baughman

Beck Bedgood Bell Black Blair Blalock, D. B. Blalock, E. Bolton Bowen, A. Bowen, R. W. Brooks, Wilson Brown Busbee Byrd Caldwell Carr Chandler Clarke, H. G. Coker, R. Conner Dean, N. Deen, H. D. Dixon Duncan, A. C. Duncan, J. E. Echols Etheridge Plournoy Fowler, A. A. Jr. Fowler, J. W. Funk Gibbons Griffin Groover Hale Harrell Harrington Harris Henderson Horton House Houston

MONDAY JUNE 8, 1964
Hurst Isenberg Johnson, A. S. Dr. Johnson, B. Jones, F. C. Jones, M. Jordan, J. E. Keyton Kirkland Knight, D. W. Knight, W. D. Lee, G. B. Lee, W. J. (Bill) Lee, Wm. S. Lewis Lindsey Logan Lokey Lowrey Mackay Matthews, C. McClelland McCracken McDonald McKemie Meeks Melton Milford Moore Morgan, H. Morgan, J. H. Murphy Nessmith Newton, A. S. Newton, D. L. Odom Overby Paris Parker Partridge Pay ton Perry

693
Peterson Phillips Ponsell Poole Pope Poss Raulerson Rhodes Roberts Rogers, Jimmie Roper Russell Shea Shuman Simmons Simpson Smith, E. B., Jr. Smith, G. L. II Smith, R. R. Snow Spikes Stalnaker Story Tabb Towson Tucker, J. B. Tucker, Ray M. Twitty Underwood, J.C. Vaughn Walker Watts Wells, D. W. Wells, H. H. White Wiggins Williams, G. J. Williams, W. M. Wilson, Hoke Woodward

Those not voting were Messrs. :

Andrews Bowen, R. P. Brackin Branch Brantley Brooks, Geo. B. Clark, J. T. Coker, G., Dr. Conger

Dennard DeVane Dicus Fleming Floyd Flynt Fulford Greene Hall

Herndon Hill Hull Jones, C. M. Jones, D. C. Jordan, W. H. Keadle Kelly Killian

694
Laite Lambert Lane Matthews, D. R. Mitchell Moate Mullis Pafford Pickard Reaves Richardson

JOURNAL OF THE HOUSE,

Rodgers, H. B. Rowland Rutland Sewell Sinclair Singer Smith, A. C., Jr. Smith, Chas. C. Smith, V. T. Strickland Stuckey

Teague Todd Tucker, M. K. Underwood, R. R. Ware Warren Watson Wilkes Wilson, J. M. Hudgins Smith, G. T.

On the adoption of the amendment, the ayes were 12, nays 133.
The amendment was lost.
The amendment by Messrs. Smith of Grady, Bolton of Spalding and others was adopted as amended.
Chapter 34-2 was adopted as amended.
Chapter 34-12. Voting Machines and Vote Recorders.
Section 34-1201. Definitions, was read.
The following Committee amendment was read and adopted.
The Committee on Judiciary moves to amend SB 1 as follows: By striking the words "compartment shall mean that part of the
voting machine containing the registering counters" from subsection (e) of Section 34-1201 and inserting in lieu thereof the words "counter shall not include a protective counter".
Section 34-1201 was adopted as amended.
Section 34-1202. Authorization of voting machines without referendum, was read and adopted.
Section 34-1203. Referendum on question of adopting voting machines, was read and adopted.

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695

Section 34-1204. Installation, custody and repair of voting machines, was read and adopted.

Section 34-1205. Examination and approval of voting machines by Secretary of State, was read and adopted.

Section 34-1206. General requirements as to voting machines, was read and adopted.

Section 34-1207. Payment for voting machines, was read and adopted.

Section 34-1208. Form of ballot labels on voting machines, was read and adopted.

Section 34-1209. Preparation of voting machines by ordinaries; duties of custodians and deputy custodians, was read.

The following committee amendments were read and adopted:

The Committee on Judiciary moves to amend SB 1 as follows: By striking the words ", except the protective counter," from sub
section (a) of Section 34-1209. By striking the dash from subsection (d) of Section 34-1209 and
inserting in lieu thereof a colon.
Section 34-1209 was adopted as amended.
Section 34-1210. Delivery of voting machines and supplies by ordinary to poll officers, was read and adopted.
Section 34-1211. Portable polling facilities, was read and adopted.
Section 34-1212. Delivery of voting machine keys to chief manager, was read and adopted.
Section 34-1213. Instruction of electors before primary or election, was read and adopted.

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JOURNAL OF THE HOUSE,

Section 34-1214. Voting by ballot, was read and adopted.

Section 34-1215. Unofficial ballot labels; repair of machine or use of paper ballots, was read and adopted.

Section 34-1216. Custody of voting machines and keys, was read and adopted.
Section 34-1217. Authorization of vote recorders, was read and adopted.
Section 34-1218. Installation, custody and repair of vote recorders, was read and adopted.

Section 34-1219. Examination and approval of vote recorders by Secretary of State, was read and adopted.
Section 34-1220. General requirements as to vote recorders, was read and adopted.
Section 34-1221. Payment for vote recorders, was read and adopted.
Section 34-1222. Form of ballot labels on vote recorders, was read and adopted.
Section 34-1223. Form of ballot cards for vote recorders, was read and adopt ed.
Section 34-1224. Write-in ballots, was read and adopted.
Section 34-1225. Preparation of vote recorders by ordinaries; duties of cus todians and deputy custodians, was read and adopted.
Section 34-1226. Delivery of vote recorders and supplies by ordinary to poll officers, was read and adopted.
Section 34-1227. Instruction of electors before primary or election, was read and adopted.

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697

Section 34-1228. Voting by paper ballot, was read and adopted.

Section 34-1229. Unofficial ballot labels; repair of vote recorder or use of paper ballots, was read and adopted.
Section 34-1230. Custody of vote recorders, was read and adopted.

Chapter 34-7. Election Districts and Polling Places, was again taken up.

Section 34-703. Petitions for new election districts, was read.
The following amendment was read:
Murphy of Haralson moves to SB 1, Section 34-703 by adding a Section to immediately follow Subsection (c) to be designated Subsec tion (d) to read as follows:
"(d) The ordinary shall not, however, divide, consolidate or in any way change an existing Election District over the objection of a majority of the Electors residing in said district. The final order of the ordinary shall be subject to review by the Superior Court of the county in which the district is located by appeal."
And by renumbering the remaining subsections accordingly.

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

Those voting in the affirmative were Messrs.:

Barber Baughman Bowen, R. W. Bynum Deen, H. D. DeVane Dorminy Gibbons Harrington Horton Johnson, B. Keyton

Kirkland Leonard Lindsey Lowrey McCfacken Milford Milhollin Mixon Morgan Murphy Nessmith Newton, D. L.

Paris Ponsell Poss Rhodes Russell
Steis
Story Underwood, J. C. Walker Wells, D. W. White

698

JOURNAL OF THE HOUSE,

Those voting in the negative were Messrs.:

Acree Alien Anderson Bagby Beck Bedgood Bell Black Blair Blalock, D. B. Blalock, E. Bolton Bowen, A. Bowen, E. L. Brooks, Wilson Busbee Byrd Caldwell Chandler Clarke, H. G. Conner Cullens Da vis Dixon Duncan, A. C.

Duncan, J. E. Echols Flournoy Fowler, J. W. Funk Harrell Harris Henderson House Houston Isenberg Johnson, A. S., Dr. Jones, M. Jordan, J. E. Lee, W. J. (Bill) Lee, Wm. S. Mackay Matthews, C. McClelland McDonald McKemie Meeks Melton Mitchell Newton, A. S.

Odom Parker Perry Phillips Rainey Richardson Rogers, Jimmie Shea Shuman Simmons Simpson Smith, E. B., Jr. Snow Spikes Tabb Tucker, J. B. Tucker, Ray M. Twitty Vaughn Watts Williams, G. J. Williams, W. M. Wilson, Hoke

Those not voting were Messrs.:

Abney Andrews Arnsdorff Ballard Bowen, R. P. Brackin Branch Brantley Brooks, Geo. B. Brown Carr Causby Clark, J. T. Coker, G., Dr. Coker, R. Conger Dean, N. Dennard Dicus Etheridge Fleming Floyd Flynt Fowler, A. A., Jr. Fulford

Greene Griffin Groover Hale Hall Herndon Hill Hull Hurst Jones, C. M. Jones, D. C. Jones, F. C. Jordan, W. H. Keadle Kelly Killian Knight, D. W. Knight, W. D. Laite Lambert Lane Lee, G. B. Lewis Logan Lokey

Matthews, D. R. Moate Moore Morgan, H. Mullis Overby Pafford Partridge Payton Peterson Pickard Poole Pope Raulerson Reaves Roberts Rodgers, H. B. Roper Rowland Rutland Scarborough Sewell Sinclair Singer Smith, A. C., Jr.

Smith, Chas. C. Smith, G. L. II Smith, R. R. Smith, V. T. Stalnaker Strickland Stuckey Teague

MONDAY JUNE 8, 1964
Todd Towson Tucker, M. K. Underwood, R. R. Ware Warren Watson Wells, H. H.

Wiggins Wilkes Wilson, J. M. Woodward Hudgins Smith, G. T.

On the adoption of the amendment, the ayes were 35, nays 73.

The amendment was lost.

Section 34-703 was adopted.

Mr. Rhodes of Baker moved that this House do now adjourn until 10:00 o'clock a. m. tomorrow morning.

On the motion to adjourn, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Anderson Black Bowen, R. L. Cullens DeVane

Houston Johnson, B. Keyton Leonard Lewis

Meeks Mitchell Murphy Rhodes Russell

Those voting in the negative were Messrs.:

Acree Alien Bagby Barber Baughman Beck Bedgood Bell Blair Blalock, D. B. Blalock, E. Bolton Bowen, A.

Bowen, R. W. Brooks, Wilson Bynum Byrd Caldwell Carr Chandler Clarke, H. G. Conner Davis Deen, H. D. Dixon Dorminy

Duncan, A. C. Duncan, J. E. Flournoy Fowler, A. A., Jr. Fowler, J. W. Funk Gibbons Groover Harrell Harris Henderson Horton House

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Johnson, A. S., Dr. Jones, F. C. Jones, M. Jordan, J. E. Kirkland Knight, W. D. Lee, W. J. (Bill) Lee, Wm. S. Lindsey Lowrey Mackay Matthews, C. McClelland McCracken McDonald Melton Milford Milhollin

Mixon Morgan, J. H. Nessmith Newton, A. S. Newton, D. L. Paris Partridge Payton Phillips Ponsell Poss Richardson Rogers, Jimmie Scarborough Shea Shuman Simmons Smith, E. B., Jr.

Smith, G. L. II Snow Spikes Steis Story Tabb Tucker, J. B. Tucker, Ray M. Twitty Vaughn Walker Watts Wells, D. W. Wiggins Williams, G. J. Williams, W. M. Wilson, Hoke

Those not voting were Messrs.:

Abney Andrews Arnsdorff Ballard Bowen, R. P. Brackin Branch Brantley Brooks, Geo. B. Brown Busbee Causby Clark, J. T. Coker, G., Dr. Coker, R. Conger Dean, N. Dennard Dicus Echols Etheridge Fleming Floyd Flynt Fulford Greene Griffin Hale Hall Harrington Herndon Hill Hull

Hurst Isenberg Jones, C. M. Jones, D. C. Jordan, W. H. Keadle Kelly Killian Knight, D. W. Laite Lambert Lane Lee, G. B. Logan Lokey Matthews, D. R. McKemie Mo ate Moore Morgan, H. Mullis Odom Overby Pafford Parker Perry Peterson Pickard Poole Pope Rainey Raulerson Reaves

Roberts Rodgers, H. B. Roper Rowland Rutland Sewell Simpson Sinclair Singer Smith, A. C., Jr. Smith, Chas. C. Smith, R. R. Smith, V. T. Stalnaker Strickland Stuckey Teague Todd Towson Tucker, M. K. Underwood, J. C. Underwood, R. R. Ware Warren Watson Wells, H. H. White Wilkes Wilson, J. M. Woodward Hudgins Smith, G. T.

MONDAY JUNE 8, 1964

701

On the motion to adjourn, the ayes were 15, nays 92.

The motion was lost.

Section 34-705. Polling place to be selected by ordinary, was read.

The following committee amendment was read and adopted:
The Committee on Judiciary moves to amend SB 1 as follows:
By striking Section 34-705 and inserting in lieu thereof a new Sec tion to read as follows:
"Section 34-705. Polling places to be selected by Ordinary.-- (a) The ordinary shall select and fix the polling place within each election district and may, either on his own motion or on petition of ten electors of an election district, change the polling place within any election district. Except in case of an emergency or unavoid able event occurring within ten days of a primary or election, which renders any polling place unavailable for use at such primary or election, the ordinary shall not change any polling place until at least ten days after notice of the proposed change shall have been posted on the existing polling place and at three other places in the immediate vicinity thereof, and until at least five days after written notice of the proposed change shall have been given to the occupant or owner of such polling place, or his agent.
(b) Except in case of emergency or unavoidable event, occur ring within ten days of a primary or election, which renders any polling place unavailable for use, if a petition be presented to the ordinary on or before the day set for hearing of the petition for change of a polling place, signed by twenty per cent of the electors of the district, objecting to the proposed change, such change shall not be ordered."

Section 34-705 was adopted as amended. Section 34-707. Temporary polling places, was read and adopted.

Section 34-709. Compensation for rent, heat and light, was read and adopted.

The following amendment adding a new Section 34-710 was read and adopted.

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Hale of Bade moves to amend Chapter 34-7 by adding a new para graph as follows:

"34-710. Control of expenses for elections. Notwithstanding any other provision contained in this code, all expenditures and con tracts for expenditures by the Ordinary for polling places and other election expenses, shall be subject to budgetary control and approval of the governing authority of the county."

Section 34-710 was adopted as amended.

Section 34-625. Registration of persons to vote in general primaries and general elections other than November elections, was again taken up.

The following amendment was read and adopted:
Messrs. Underwood of Montgomery, Groover of Bibb and Echols of Upson move to amend SB 1 by adding at the end of Section 34-625 a new sentence to read as follows:
"Notwithstanding any provision of this Section in the case of a General Primary held in September of a year in which there is to be a November election, a person may apply and the registrar shall receive and process applications for registration up to and including the same date provided for in Section 34-611."

Section 34-625 was adopted as amended.

Mr. Bolton of Spalding moved that this House do now adjourn until 10:00 o'clock a.m. tomorrow morning and the motion prevailed.

The Speaker announced the House adjourned until 10:00 o'clock a.m. tomor row morning and SB 1 was carried over as unfinished business.

TUESDAY, JUNE 9, 1964

703

Representative Hall, Atlanta, Georgia Tuesday, June 9, 1964

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

Prayer was offered by Brigadier General John Needham, State Commander Salvation Army of Ga.

By unanimous consent the call of the roll was dispensed with.

Mr. Clarke of Monroe, Chairman of The Committee on Auditing, Enrolling, Engossing and Journals reported that the Journal of the previous legislative day had been read and found to be correct.

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

The Journal was confirmed.

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. 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 Resolutions of the House were read the first time and referred to the Committees:

HB 74. By Mr. Fowler of Douglas: A Bill to be entitled an Act to amend an Act creating a new charter

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for the City of Douglasville in the County of Douglas, so as to extend the corporate limits of said city; and for other purposes.
Referred to the Committee on Local Affairs.

HB 75. By Messrs. Jones and Pickard of Muscogee:
A Bill to be entitled an Act to amend the Charter of the City of Colum bus setting the compensation of the Commissioners; and for other pur poses.
Referred to the Committee on Local Affairs.

HR 83-75. By Messrs. Clark and Tucker of Catoosa:
A Resolution proposing an amendment to the Constitution so as to repeal an amendment providing for a Board of Tax Administrators for Catoosa County and to abolish said Board effective December 31, 1964; and for other purposes.
Referred to the Committee on Local Affairs.

HB 76. By Mr. Conner of Jeff Davis: A Bill to be entitled an Act to amend an Act providing a new charter for the City of Hazelhurst, so as to authorize the City to close streets and alleys located within the City; and for other purposes.
Referred to the Committee on Local Affairs.

HB 77. By Mr. Clarke of Monroe: A Bill to be entitled an Act to amend an Act consolidating the various Act incorporating the City of Forsyth, so as to authorize the use of voting machines in elections conducted within the city; and for other purposes.
Referred to the Committee on Local Affairs.
HR 84-77. By Messrs. Melton and Bolton of Spalding: A Resolution proposing an amendment to the Constitution so as to authorize the governing authority of Spalding County to issue general obligation bonds for the purpose of establishing educational facilities beyond the 12th grade and to levy taxes for the payment of such bonds; and for other purposes.
Referred to the Committee on Local Affairs.
By unanimous consent the following Bills of the House and Senate were read the second time:

TUESDAY, JUNE 9, 1964

705

HB 70. By Messrs. Harris and Mackay of DeKalb:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Stone Mountain, so as to change the corporate limits of said City; and for other purposes.

HB 71. By Mr. Snow of Walker:
A Bill to be entitled an Act to amend the charter of the City of Rossville, so as to authorize the city council to change the compensation of the Mayor; and for other purposes.

HB 72. By Messrs. Snow and Abney of Walker:
A Bill to be entitled an Act to amend an Act creating the office of com missioner of roads and revenues for the County of Walker, so as to change the salary of the commissioner; and for other purposes.

HB 73. By Messrs. Smith of Grady, Jordan of Calhoun, Griffin of Decatur, and Rhodes of Baker:
A Bill to be entitled an Act to amend Code Section 24-2501, relating to judicial circuits of this State, so as to rename the Albany Judicial Circuit as the Sowega Judicial Circuit; and for other purposes.

SB 16. By Senators Yancey of the 33rd and Kendrick of the 32nd:
A Bill to be entitled an Act to create a Board of Commissioners of Roads and Revenues for Cobb County; and for other purposes.

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

HR 50-59. By Messrs. Harrington and Chandler of Baldwin:
A RESOLUTION
Proposing an amendment to the Constitution so as to create the City of Milledgevillc-Baldwin County Recreation Authority; to provide the powers, authority, funds, purposes, organization and procedures con nected therewith; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1
Article VII, Section I, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following:

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"A. City of Milledgeville-Baldwin County Recreation Authority. There is hereby created a body corporate and politic to be known as the City of Milledgeville-Baldwin County Recreation Authority, which shall be deemed to be a political subdivision of the State of Georgia and a public corporation by that name, style and title and said body may contract and be contracted with, sue and be sued, implead and be impleaded, complain and defend in all courts of law and equity, except that the Authority or the trustee acting under the trust indenture shall in no event be liable for any torts com mitted by any of the officers, agents and employees. The Authority shall consist of nine (9) members, five (5) of which shall be ap pointed by the governing authority of the City of Milledgeville and the remaining four (4) members shall be appointed by the governing authority of Baldwin County. Ths five (5) members appointed initially by the governing authority of the City of Mill edgeville shall be appointed for terms of one (1) year, two (2) years, three (3) years, (4) years and five (5) years, respectively, beginning January 1, 1965. Upon expiration of each of said terms, the governing authority of the City of Milledgeville shall make subsequent appointments for five year terms. If a vacancy occurs during any term, the governing authority of the City of Milledge ville shall fill the vacancy for the unexpired portion of such term. The remaining four (4) members appointed initially by the govern ing authority of Baldwin County shall be appointed for terms of one (1) year, two (2) years, three (3) years and four (4) years, respectively, beginning on January 1, 1965. Upon expiration of each of said terms, the governing authority of Baldwin County shall make subsequent appointments for five-year terms. If a vacancy occurs during any term, the governing authority of Baldwin County shall fill the vacancy for the unexpired portion of such term. The ap pointments to the Authority herein required to be made by the governing authority of the City of Milledgeville and the governing authority of Baldwin County may be made at any special or regular meeting of said authorities, and the initial appointments herein required shall be made on or before December 15, 1964. All members, duly appointed, shall hold office until their successors shall be appointed and duly qualified. No person may serve as a member of the Authority and at the same time serve as a member of the govern ing authority of the City of Milledgeville including the mayor or the governing authority of Baldwin County. On January 2, 1965, the members of the Authority shall enter upon their duties, hold an organizational meeting and determine the date on which their annual meeting will be held which date may be changed in such manner as may be provided by the Authority.
"The Authority shall elect one of its members as chairman and another member as vice-chairman, both of whom shall be elected for a term of one (1) year, the first chairman and vice-chairman to serve from the organizational meeting of the Authority in 1965 until the annual meeting in 1966, or until their successors are elected and qualified. Subsequent chairmen and vice-chairmen shall be elected at the annual meeting of the Authority for a term of one (1) year. It shall also elect a secretary and treasurer who does not necessarily have to be a member of the Authority, and, if not a member, he or she shall have no voting rights and shall be elected

TUESDAY, JUNE 9, 1964

707

to serve for such term as may be determined by the Authority. If a member of the Authority is elected to serve as secretary and treasurer, he or she shall be elected in the same manner and for the same term as the chairman and vice-chairman. No member of the Authority shall hold more than one office except that of secretary and treasurer. Five (5) members of the Authority eligible to vote shall constitute a quorum. A majority of the quorum is em powered to exercise all the rights and perform all the duties of the Authority and no vacancy on the Authority shall impair the right of the quorum to act. The members of the Authority shall serve without compensation except that they shall be reimbursed for actual expenses incurred in the performance of their duties. The Authority shall make rules and regulations for its own government. It shall have perpetual existence.

"B. Definitions. As used herein, the following words and terms shall have the following meaning, unless a different meaning clearly appears from the context:

"(1) The word 'Authority' shall mean the City of MilledgevilleBaldwin County Recreation Authority created hereby.

"(2) The word 'project' shall be deemed to mean and include the acquisition, construction, equipping, maintenance and operation of a recreation center and area or centers and areas, including, but not limited to, playgrounds, parks, swimming and wading pools, lakes, golf courses, tennis courts, stadiums, athletic fields and courts, club houses, gymnasiums, parking areas, parking facilities and related buildings and the usual and convenient facilities apper taining to such undertakings and extensions and improvements of such facilities, acquiring the necessary property therefor, both real and personal, and the lease and sale of any part of all of such facilities, including real and personal property, so as to assura the efficient and proper development, maintenance and operation of such recreational facilities and areas, deemed by the Authority to be necessary, convenient or desirable.

"(3) The term 'cost of the project' shall embrace the cost of construction, the cost of all lands, properties, rights, easements and franchises acquired and the cost of all conveyances in fee simple of the Authority's title thereto and leases thereof, the cost of all machinery and equipment, financing charges, interest prior to and during construction, and for one year after completion of construc tion, cost of engineering, architectural, fiscal and legal expenses, and of plans and specifications, and other expenses necessary or incident to determining the feasibility or practicability of the project, administrative expenses, and such other expenses as may be neces sary or incident to the financing herein authorized, the construc tion of any project, the placing of the same in operation, and the condemnation of property necessary for such construction and opera tion. Any obligation or expense incurred for any of the foregoing purposes shall be regarded as a part of the cost of the project and may be paid or reimbursed as such out of any funds of the Author-

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ity, including the proceeds of any revenue bonds issued under the provisions herein for any such project or projects.

"(4) The terms 'revenue bonds', 'bonds' and 'obligations' as used herein, shall mean revenue bonds as defined and provided for in the Revenue Bond Law (Ga. L. 1957, p. 36 et seq.) amending the law formerly known as the Revenue Certificate Law of 1937 (Ga. L. 1937, p. 761 et seq., as amended) and such type of obligations may be issued by the Authority as authorized under said Revenue Bond Law and any amendments thereto, and in addition shall also mean obligations of the Authority the issuance of which are hereinafter authorized.

"(5) Any project shall be deemed 'self-liquidating' if, in the judgment of the Authority, the revenues and earnings to be derived by the Authority therefrom and all properties used, leased and sold in connection therewith will be sufficient to pay the cost of operating, maintaining and repairing, improving and extending the project and to pay the principal and interest of the revenue bonds which may be issued to finance, in whole or in part, the cost of such project or projects.
"C. Powers. The Authority shall have powers:
"(1) To have a seal and alter the same at pleasure.
"(2) To acquire by purchase, lease or otherwise, and to hold, lease and dispose of real and personal property of every kind and character for its corporate purposes.
"(3) To acquire in its own name by purchase, on such terms and conditions and in such manner as it may deem proper, or by the exercise of the power and right of eminent domain, which is hereby granted, by condemnation in accordance with the provisions of any and all existing laws applicable to the condemnation of property for public use, real property or rights of easements therein or franchises necessary or convenient for its corporate purposes, and to use the same so long as its corporate existence shall continue and to lease or make contracts with respect to the use of or disposition of the same in any manner it deems to the best advantage of the Authority, the Authority being under no obligation to accept and pay for any property condemned under the provisions herein except from the funds provided under the authority herein, and in any proceedings to condemn, such orders may be made by the court having jurisdiction of the suit, action or proceedings as may be made by the court having jurisdiction of the suit, action or proceed ings as may be just to the Authority and to the owners of the prop erty to be condemned, and no property shall be acquired under the provisions herein upon which any lien or other incumbrance exists, unless at the time such property is so acquired a sufficient sum of money be deposited in trust to pay and redeem the fair value of such lien or incumbrance; and if the Authority shall deem it exped ient to construct any project on any lands the title to which shall

TUESDAY, JUNE 9, 1964

709

then be in the State of Georgia, the Governor is hereby authorized to convey, for and in behalf of the State title to such lands to the Authority upon payment to the State Treasurer for the credit of the general fund of the State of the reasonable value of such lands, such value to be determined by three appraisers to be agreed upon by the Governor and the Chairman of the Authority: and if the Authority shall deem it expedient to construct any project on any lands the title to which shall then be in Baldwin County or in any municipality incorporated in said county, the governing authority or body of said county or of any of said municipalities, is hereby authorized to convey title to such lands to the Authority if said property is unserviceable or cannot be advantageously or benefici ally used by said county or municipalities upon payment for the credit of the general funds of said county or municipalities the reasonable value of such lands, such value to be determined by three appraisers to be agreed upon by the governing authority or body of said county or municipality and the Chairman of the Author ity.

"(4) To appoint, select and employ, officers, agents and em ployees, including engineering, architectural and construction ex perts, fiscal agents and attorneys, and fix their respective com pensations.

"(5) To make contracts, leases and to execute all instruments necessary or convenient, including contracts for construction of pro jects and leases of projects or contracts with respect to the use of projects which it causes to be erected or acquired, and to dispose by conveyance of its title in fee simple of real and personal prop erty of every kind and character, and any and all persons, firms and corporations and any and all political subdivisions, departments, institutions or agencies of the State are hereby authorized to enter into contracts, leases or agreements with the Authority upon such terms and for such purposes as they deem advisable; and without limiting the generality of the above, authority is specifically granted to municipal corporations and counties and to the Authority to enter into contracts, lease and sub-lease agreements, with the Director of the Division of State Parks, Historical Sites and Monuments of the Department of Natural Resources of the State of Georgia, or other agencies or departments thereof relative to parks and recrea tional centers, areas and facilities and relative to any property, which such department or other agency or department of the State of Georgia has now, or may hereafter obtain, by lease from the United States Government or any agency or department thereof and with the United States Government or any agency or depart ment thereof and the Authority is specifically authorized to convey title, in fee simple, to any and all of its lands and any improvements thereon to any persons, firms, corporations, municipalities, the State of Georgia or the United States Government, or any agency or department thereof, subject to the rights and interests of the holders of any of the bonds or obligations authorized to be issued hereunder, and by the resolution or trust indenture of the Authority authoriz ing the issuance of any of its bonds or obligations as provided in paragraph R herein.

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"(6) To construct, erect, acquire, own, repair, remodel, main tain, add to, extend, improve, equip, operate and manage projects, as hereinabove defined, the cost of any such project to be paid in whole or in part from the proceeds of revenue bonds or other funds of the Authority or from such proceeds or other funds and any grant from the United States of America or any agency or in strumentality thereof.

"(7) To accept loans and/or grants of money or materials or property of any kind from the United States of America or any agency or instrumentality thereof, upon such terms and conditions as the United States of America of such agency or instrumentality, may impose.
"(8) To accept loans and/or grants of money or materials or property of any kind from the State of Georgia or any agency or instrumentality or political subdivision thereof, upon such terms and conditions as the State of Georgia or such agency or instru mentality or political subdivision, may impose.
"(9) To borrow money for any of its corporate purposes and to execute evidences of such indebtedness and to secure the same and to issue negotiable revenue bonds payable solely from funds pledged for that purpose, and to provide for the payment of the same and for the rights of the holders thereof.
"(10) To exercise any power usually possessed by private cor porations performing similar functions, which is not in conflict with the Constitution and laws of this State.

"(11) The Authority and the trustee acting under the trust indenture, are specifically authorized from time to time to sell, lease, grant, exchange or otherwise dispose of any surplus property, both real or personal, or interest therein not required in the normal operation of and usable in the furtherance of the purpose for which the Authority was created, except as such right and power may be limited as provided in paragraph R herein.
"(12) To do all things necessary or convenient to carry out the powers expressly given herein.
"D. Annual Registration of Motor Vehicles; Fees; Penalty. The governing authority of Baldwin County shall be authorized to re quire the annual registration of every motor vehicle in the county and to collect annual fees for registering such motor vehicles not in excess of $4.00 for each registration. All sums derived therefrom shall be used first for the payment of all costs in registering said motor vehicles, and the remainder thereof, if any, shall be deposited in a fund to be used by the Authority for the purposes provided herein. The said governing authority shall be authorized to promul gate and prescribe the forms to be used and rules and regulations necessary to require the annual registration of motor vehicles as herein set out. Any person, firm or corporation failing to register

TUESDAY, JUNE 9, 1964

711

any motor vehicle required herein to be registered shall be guilty of a misdemeanor and upon conviction thereof shall be punished as provided by law. As used herein, motor vehicles shall include the following: passenger cars, motorcycles, private trucks, farm trucks, private trailers, house trailers, auto trailers, boat trailers, trucks or trailers used as common or contract carriers, leased trucks, hearses, ambulances, earth moving machinery and any other vehicle that is now or may hereafter be required to be licensed with the State Revenue Commissioner or his successor by whatever name called.

"E. Revenue Bonds. The Authority, or any authority or body which has or which may in the future succeed to the powers, duties and liabilities vested in the Authority created hereby, shall have power and is hereby authorized at one time, or from time to time, to provide by resolution for the issuance of negotiable revenue bonds, for the purpose of paying all or any part of the cost as herein defined of any one or more projects. The principal and in terest of such revenue bonds shall be payable solely from the special fund herein provided for such payment. The bonds of each issue shall be dated, shall bear interest at such rate or rates not exceeding the maximum limit prescribed in the Revenue Bond Law or any amendment thereto, shall be payable semi-annually, shall mature at such time or times not exceeding thirty (30) years from their date or dates, shall be payable in such medium of payment as to both principal and interest as may be determined by the Authority, and may be made redeemable before maturity, at the option of the Authority, at such price or prices and under such terms and con ditions as may be fixed by the authority in the resolution providing for the issuance of the bonds. Such revenue bonds or obligations shall be issued pursuant to and in conformity with the Revenue Bond Law (Ga. L. 1957, p. 36 et seq.) amending the law formerly known as the Revenue Certificate Law of 1937 (Ga. L. 1937, p. 761, et seq., as amended), and all procedures pertaining to such issuance and the conditions thereof shall be the same as those contained in said Revenue Bond Law and any amendments thereto.

"F. Same; Form; Denominations; Registration; Place of Pay ment. The Authority shall determine the form of the bonds, includ ing any interest coupons to be attached thereto, and shall fix the denomination or denominations of the bonds and the place or places of payment of principal and interest thereof, which may be at any bank or trust company within or without the State. The bonds may be issued in coupon or registered form, or both, as the Authority may determine and provision may be made for the registration of any coupon bond as to principal alone and also as to both the prin cipal and interest.
"G. Same; Signatures; Seal. In case any officer whose signa ture shall appear on any bonds or whose facsmile signature shall appear on any coupon shall cease to be such officer before the delivery of such bonds, such signature shall nevertheless be valid and sufficient for all purposes the same as if he had remained in office until such delivery. All such bonds shall be signed by the

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Chairman of the Authority and attested by the secretary and treas urer of the Authority and the official seal of the Authority shall be affixed thereto and any coupons attached thereto shall bear the facsimile signatures of the Chairman and secretary and treasurer of the Authority. Any bond may be signed, sealed and attested on behalf of the Authority by such persons as at the actual time of the execution of such bonds shall be duly authorized or hold the proper office, although at the date of delivery and payment of such bonds such persons may not have been so authorized or shall not have held such office.

"H. Same; Negotiability; Exemption from Taxation. All reve nue bonds issued under the provisions herein shall have and are hereby declared to have all the qualities and incidents of negotiable instruments under the negotiable instruments law of the State. Such bonds are declared to be issued for an essential public and govern mental purpose and the said bonds and the income thereof shall be exempt from all taxation within the State.

"I. Same; Sale; Price. The Authority may sell such bonds in such manner and for such price as it may determine to be for the best interest of the Authority, but no such sale shall be made at a price less than par as provided in the Revenue Bond Law, unless said Revenue Bond Law be hereafter amended to permit the sale of such bonds at less than par.

"J. Same; Proceeds of Bonds. The proceeds of such bonds shall be used solely for the payment of the cost of the project or projects, and unless otherwise provided in the resolution authorizing the is suance of the bonds or in the trust indenture, additional bonds may in like manner be issued to provide the amount of any deficit, which unless otherwise provided in the resolution authorizing the is suance of the bonds or in the trust indenture shall be deemed to be of the same issue and shall be entitled to payment from the same fund without preference or priority of the bonds first issued for the same purpose. If the proceeds of the bonds of any issue shall exceed the amount required for the purpose for which such bonds are issued, the surplus shall be paid into such funds as may be provided in the resolution authorizing the issuance of the bonds or in the trust indenture.

"K. Same; Interim Receipts and Certificates or Temporary Bonds. Prior to the preparation of definitive bonds, the Authority may, under like restrictions issue interim receipts, interim certifi cates or temporary bonds, with or without coupons exchangeable for definitive bonds upon the issuance of the latter.
"L. Same; Replacement of Lost or Mutilated Bonds. The Au thority may also provide for the replacement of any bond which shall become mutilated or be destroyed or lost.
"M. Conditions Precedent to Issuance; Object of Issuance. Such revenue bonds may be issued without any other proceedings or the

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713

happening of any other conditions or things than those proceedings, conditions and things which are specified or required herein. In the discretion of the Authority, revenue bonds of a single issue may be issued for the purpose of any particular project. Any resolution, providing for the issuance of revenue bonds under the provisions herein shall become effective immediately upon its passage and need not be published or posted, and any such resolution may be passed at any regular or special or adjourned meeting of the Authority by a majority of the quorum as provided herein.

"N. Credit not Pledged. Revenue bonds issued under the pro visions herein shall not be deemed to constitute a debt of Baldwin County, or any municipality therein, but such bonds shall be pay able solely from the fund hereinafter provided for and the issuance of such revenue bonds shall not directly, indirectly or contingently obligate the said county, or any municipality therein, to levy or to pledge any form of taxation whatever therefor or to make any ap propriation for the payment, and all such bonds shall contain re citals on their face covering substantially the foregoing provisions of this paragraph.

"O. Same; Trust Indenture as Security. In the discretion of the Authority, any issue of such revenue bonds may be secured by a trust indenture by and between the Authority and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or outside of the State. Such trust in denture may pledge or assign fees, tolls, revenues and earnings to be received by the Authority, including, the proceeds derived from the sale from time to time of any surplus property of the Authority, both real and personal. Either the resolution providing for the is suance of revenue bonds or such trust indenture may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in viola tion of law, including covenants setting forth the duties of the Au thority in relation to the acquisition of property, the construction of the project, the maintenance, operation, repair and insurance of the property, and the custody, safeguarding and application of all monies, including the proceeds derived from the sale of property of the Authority, both real and personal, and may also provide that any project shall be constructed and paid for under the super vision and approval of consulting engineers or architects employed or designated by the Authority, and satisfactory to the original purchasers of the bonds issued therefor and may also require that the security given by contractors and by any depository of the pro ceeds of the bonds or revenues or other monies be satisfactory to such purchasers, and may also contain provisions concerning the conditions, if any, upon which additional revenue bonds may be issued. It shall be lawful for any bank or trust company incorporated under the laws of this State to act as such depository and to furnish such indemnifying bonds or pledge such securities as may be re quired by the Authority. Such indenture may set forth the rights and remedies of the bondholders and of the trustee, and may re strict the individual right of action of bondholders as is customary in trust indentures securing bonds and debentures of corporations.

714

JOURNAL OF THE HOUSE,

In addition to the foregoing, such trust indenture may contain such other provisions as the Authority may deem reasonable and proper for the security of the bondholders. All expenses incurred in carry ing out such trust indenture may be treated as a part of the cost of maintenance, operation and repair of the project affected by such indenture.

"P. Same; To Whom Proceeds of Bonds Shall Be Paid. The Authority shall, in the resolution providing for the issuance of revenue bonds or in the trust indenture, provide for the payment of the proceeds of the sale of the bonds to any officer or person who or any agency, bank or trust company which shall act as trustee of such funds and shall hold and apply the same to the purposes thereof, subject to such regulations as provided herein and such resolution or trust indenture may provide.
"Q. Same; Sinking Fund. The revenues, fees, tolls and earn ings derived from any particular project or projects, regardless of whether or not such fees, earnings and revenues were produced by a particular project for which bonds have been issued and any monies derived from the sale of any properties, both real and per sonal of the Authority, unless otherwise pledged and allocated may be pledged and allocated by the Authority to the payment of the principal and interest on revenue bonds of the Authority as the resolution authorizing the issuance of the bonds or in the trust instrument may provide, and such funds so pledged from whatever source received, which said pledge may include funds received from one or more or all sources, shall be set aside at regular intervals as may be provided in the resolution or trust indenture, into a sink ing fund which said sinking fund shall be pledged to and charged with the payments of (a) the interest upon such revenue bonds as such interest shall fall due, (b) the principal of the bonds as the same shall fall due, (c) the necessary charges of paying agent or agents for paying principal and interest, and (d) any premium upon bonds retired by call or purchase as hereinabove provided. The use and disposition of such sinking fund shall be subject to such regulations as may be provided in the resolu tion authorizing the issuance of the revenue bonds or in the trust indenture, but, except as may otherwise be provided in such resolution or trust indenture, such sinking fund shall be a fund for the benefit of all revenue bonds without distinc tion or priority of one over another. Subject to the provisions of the resolution authorizing the issuance of the bonds or in the trust indenture surplus monies in the sinking fund may be applied to the purchase or redemption of bonds and any such bonds so pur chased or redeemed shall forthwith be cancelled and shall not again be issued.
"R. Same; Remedies of Bondholders. Any holder of revenue bonds issued under the provisions herein or any of the coupons ap pertaining thereto, and the trustee under the trust indenture, if any, except to the extent the rights herein given may be restricted by resolution passed before the issuance of the bonds or by the trust indenture, may, either at law or in equity, by suit, action, mandamus,

TUESDAY, JUNE 9, 1964

715

or other proceedings, protect and enforce any and all rights under the laws of the State of Georgia or granted hereunder or under such resolution or trust indenture, and may enforce and compel performance of all duties required herein or by such resolution or trust indenture, to be performed by the Authority, or any officer thereof, including the fixing, charging, and collecting of revenues, fees, tolls, and other charges for the use of the facilities and serv ices furnished.

"S. Same; Refunding Bonds. The Authority is hereby author ized to provide by resolution for the issue of revenue refunding bonds of the Authority for the purpose of refunding any revenue bonds issued under the provisions herein and then outstanding, to gether with accrued interest thereon. The issuance of such revenue refunding bonds, the maturities and all other details thereof, the rights of the holders thereof, and the duties of the Authority in respect to the same, shall be governed by the foregoing provisions insofar as the same may be applicable.

"T. Same; Venue and Jurisdiction. Any action to protect or
enforce any rights under the provisions herein or any suit or action against such Authority shall be brought in the Superior Court of Baldwin County, Georgia, and any action pertaining to validation of any bonds issued under the provisions herein shall likewise be brought in said court which shall have exclusive, original jurisdic tion of such actions.

"U. Same; Validation. Bonds of the Authority shall be con firmed and validated in accordance with the procedure of the Reve nue Bond Law. The petition for validation shall also make party defendant to such action any municipality, county, authority, sub division, or instrumentality of the State of Georgia or the United States Government or any department or agency of the United States Government, if subject to be sued, which has contracted with the Authority for the services and facilities of the project for which bonds are to be issued and sought to be validated and such munici pality, county, authority, subdivision or instrumentality shall be required to show cause, if any, why such contract or contracts and the terms and conditions thereof should not be inquired into by the court and the validity of the terms thereof be determined and the contract or contracts adjudicated as security for the payment of any such bonds of the Authority. The bonds when validated, and the judgment of validation shall be final and conclusive with respect to such bonds, against the Authority issuing the same, and any municipality, county, authority, subdivision, or instrumentality of the United States Government, if a party to the validation pro ceedings, contracting with the said City of Milledgeville and Bald win County Recreation Authority.

"V. Same; Interest of Bondholders Protected. While any of the bonds issued by the Authority remain outstanding, the powers, duties or existence of said Authority or of its officers, employees or agents shall not be diminished or impaired in any manner that will affect adversely the interest and rights of the holders of such bonds, and

716

JOURNAL OF THE HOUSE,

no other entity, department, agency or Authority will be created which will compete with the Authority to such an extent as to affect adversely the interest and rights of the holders of such bonds, nor will the State itself so compete with the Authority. The provisions herein shall be for the benefit of the Authority and the holders of any such bonds, and upon the issuance of bonds under the provisions hereof, shall constitute a contract with the holders of such bonds.

"W. Moneys Received Considered Trust Funds. All moneys received pursuant to the Authority herein, whether as proceeds from the sale of revenue bonds, as grants of other contributions, or as revenues, income, fees and earnings, shall be deemed to be trust funds to be held and applied solely as provided herein.

"X. Purpose of the Authority. Without limiting the generality of any provisions herein the general purpose of the Authority is declared to be that of acquiring, constructing, equipping, maintain ing and operating a recreational center and area or centers and areas, including, but not limited to, playgrounds, parks, swimming and wading pools, lakes, golf courses, tennis courts, athletic fields and courts, club houses, gymnasiums and related buildings and the usual and convenient facilities appertaining to such undertakings and extensions and improvements of such facilities acquiring the necessary property therefor both real and personal, and to lease or sell any or all of such facilities, including real property, and to do any and all things deemed by the Authority necessary, convenient or desirable for and incident to the efficient and proper development and operation of such types of undertakings.

"Y. Rates, Charges and Revenues; Use. The Authority is hereby authorized to prescribe and fix and collect rates, fees, tolls and charges, and to revise from time to time and collect such rates, fees, tolls and charges for the services, facilities or commodities fur nished, including leases, concessions or sub-leases of its lands or facilities, and to determine the price and terms at and under which its lands or facilities may be sold, and in anticipation of the collec tion of the revenues and income of such undertakings or projects is authorized to issue revenue bonds as herein provided to finance, in whole or in part, the cost of the acquisition, construction, recon struction, improvement, equipment, betterment or extension of its lands and facilities and to pledge to the punctual payment of said bonds and interest thereon, all or any part of the revenues and income of such undertakings or projects, including the revenues of improvements, betterments or extensions thereto thereafter made or the sale of any of its lands and facilities.

"Z. Rules and Regulations for Operation of Projects. It shall be the duty of the Authority to prescribe rules and regulations for the operation of the project or projects constructed under the pro visions herein, including the basis on which recreational facilities shall be furnished.
"AA. Powers Declared Supplemental and Additional. The fore going provisions shall be deemed to provide an additional and alter-

TUESDAY, JUNE 9, 1964

717

native method for the doing of the things authorized thereby and shall be regarded as supplemental and additional powers and shall not be regarded as in derogation of any powers now existing."

SECTION 2

When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.

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

"For ratification of amendment to the Constitution so as to create the City of Milledgeville-Baldwin County Recreation Author ity; to provide the powers, authority, funds, purposes, organization and procedures connected therewith.

"Against ratification of amendment to the Constitution so as to create the City of Milledgeville-Baldwin County Recreation Au thority ; to provide the powers, authority, funds, purposes, organiza tion and procedures connected therewith."

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

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

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

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

Those voting in the affirmative were Messrs.:

Abney Alien

Arnsdorff Barber

Baughman Beck

718

JOURNAL OP THE HOUSE,

Bell Black Blair Blalock, D. B. Blalock, E. Bolton Bowen, A. Bowen, R. L. Bowen, R. W. Brackin Branch Brantley Brooks, Geo. B. Brooks, Wilson Brown Busbee Byrd Caldwell Carr Chandler Clark, J. T. Clarke, H. G. Coker, G., Dr. Conger Conner Deen, H. D. Dennard DeVane Dixon Dorminy Duncan, A. C. Duncan, J. E. Echols Plournoy Flynt Fowler, A. A., Jr. Fowler, J. W. Fulford Funk Greene Griffin Hale Hall Harrell Harrington Harris

Henderson Hill House Houston Isenberg Johnson, A. S., Dr. Jones, F. C. Jones, M. Jordan, J. E. Jordan, W. H. Keyton Killian Knight, W. D. Lane Lee, G. B. Lee, W. J. (Bill) Lee, Wm. S. Leonard Lewis Lindsey Lokey Lowrey Mackay McClelland McCracken McKemie Meeks Melton Milford Milhollin Mitchell Mixon Moate Morgan, J. H. Murphy Nessmith Newton, A. S. Overby Paris Parker Partridge Peterson Phillips Pickard Ponsell Poole

Pope Poss Rainey Raulerson Reaves Rhodes Richardson Roberts Rodgers, H. B. Rogers, Jimmie Roper Russell Shea Shuman Simmons Singer Smith, E. B., Jr. Smith, G. L. II Smith, V. T. Snow Spikes Stalnaker Steis Story Stuckey Tabb Todd Towson Tucker, J. B. Tucker, Ray M. Twitty Underwood, J. C. Vaughn Ware Warren Watts Wells, D. W. White Wiggins Wilkes Williams, G. J. Wilson, Hoke Woodward Hudgins

Those not voting were Messrs.:

Acree Anderson Andrews Bagby

Ballard Bedgood Bowen, R. P. Bynum

Causby Coker, R. Cullens Davis

Dean, N. Dicus Etheridge Fleming Floyd Gibbons Groover Herndon Horton Hull Hurst Johnson, B. Jones, C. M. Jones, D. C. Keadle Kelly Kirkland

TUESDAY, JUNE 9, 1964
Knight, D. W. Laite Lambert Logan Matthews, C. Matthews, D. R. McDonald Moore, J. H. Morgan, H. Mullis Newton, D. L. Odom Pafford Payton Perry Rowland Rutland

719
Scarborough Sewell Simpson Sinclair Smith, A. C., Jr. Smith, Chas. C. Smith, R. R. Strickland Teague Tucker, M. K. Underwood, R. R. Walker Watson Wells, H. H. Williams, W. M. Wilson, J. M. Smith, G. T.

On the adoption of the Resolution, the ayes were 142, nays 0.

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

The following resolutions of the House were read and adopted:
HR 85. By Messrs. Rainey of Crisp, Johnson of Warren, and many many others:
A RESOLUTION
Commending the officials of The Atlanta Times; and for other purposes.
WHEREAS, several years ago, several prominent persons familiar with the business, political and civic affairs of the City of Atlanta and the State of Georgia conceived the idea of publishing an additional newspaper in the City of Atlanta; and
WHEREAS, during the year 1961, The Atlanta Times was incor porated and a board of directors was organized; and
WHEREAS, after many trials and tribulations, the first edition of The Atlanta Times will be published on Friday, June 12, 1964; and
WHEREAS, the publishing of the Atlanta Times will mean an annual payroll in excess of one million dollars in the Atlanta area; and
WHEREAS, as of the date of the first issue, the circulation of The Atlanta Times will be 125,000 editions; and

720

JOURNAL OF THE HOUSE,

WHEREAS, the publisher and the chairman of the board of direc tors of The Atlanta Times is Honorable James C. Davis, formerly for many years a member of the United States House of Representatives from the 5th Congressional District of Georgia, who has devoted his lifetime to public service; and

WHEREAS, the staff of The Atlanta Times include the following: I. M. Orner, Executive Vice President and General Manager; J. C. Akins, Circulation Direction; Robert D. Carney, Advertising Director; Luke Greene, Editor; Luther Thigpen, Managing Editor; George Short, Sports Editor and Al Thorny, Assistant Sports Editor; and
WHEREAS, the officials of The Atlanta Times have stated they have great faith in the future of the State of Georgia and the City of Atlanta; and

WHEREAS, the officials of The Atlanta Times are to be com mended for their diligent efforts to establish competition with the ex isting two newspapers in the City of Atlanta that are owned by a single corporation; and

WHEREAS, it is felt by this body that competition will cause the publication of better news coverage; and

WHEREAS, in the modern and fast moving times in which we live, accurate and fast newspaper coverage is essential.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the officials of The Atlanta Times are hereby commended for their diligent efforts in causing an additional newspaper to be published in the City of Atlanta, Georgia.
BE IT FURTHER RESOLVED that the members of this body do hereby express their sincerest best wishes to the officials of The Atlanta Times and wish for them every success in the publication of The Atlanta Times.
BE IT FURTHER RESOLVED that the officials of The Atlanta Times are hereby commended for their outstanding contributions to their community, State and nation during the long years of devoted service they have rendered.
BE IT FURTHER RESOLVED that as a token of our esteem and appreciation, the Clerk of the House of Representatives is hereby au thorized and directed to transmit appropriate copies of this Resolution with the seal of the General Assembly affixed thereto to the officials of The Atlanta Times named in this Resolution.

HR 86. By Messrs. Fulford of Terrell, Smith of Grady, and many many others:
A RESOLUTION
Extending congratulations and best wishes to Samuel C. McCutchen; and for other purposes.

TUESDAY, JUNE 9, 1964

721

WHEREAS, Samuel C. McCutchen has successfully passed the Georgia Bar Examination; and

WHEREAS, he is the son of Honorable P. T. McCutchen, a former member of the House of Representatives from Gilmer County and pres ently Secretary of the Constitution Revision Commission; and

WHEREAS, both sons of Honorable P. T. McCutchen are now mem bers of the legal profession along with their father; and

WHEREAS, Samuel C. McCutchen can now enter the practice of law and fulfill his ambition to become an attoreny.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OP REPRESENTATIVES that this body does hereby extend its sincerest congratulations to Samuel C. McCutchen for successfully passing the Georgia Bar Examination and members of this body further extend their best wishes for a successful career in his chosen profession.

BE IT FURTHER RESOLVED that the Clerk of the House is hereby authorized and directed to transmit an appropriate copy of this Resolution to Samuel C. McCutchen.

Under the Special and continuing order of unfinished business, SB 1 was again taken up.
Chapter 34-13. Preparation for and Conduct of Primaries and Elections.

Section 34-1301. Cards of instructions and supplies, was read and adopted.

Section 34-1302. Voter's certificates, was read and adopted.

Section 34-1303. Delivery of ballots and supplies to managers, was read.

The following amendment was read and adopted:
Mr. Harris of DeKalb moves to amend SB 1 by adding in the 6th line of Section 34-1303 (b) on page 127 between the word "mailed" and the word "an" the words: "or delivered".

Section 34-1303 was adopted as amended.

722

JOURNAL OF THE HOUSE,

Section 34-1304. Time for opening and closing polls, was read and adopted.

Section 34-1305. Correction of errors in electors lists, was read and adopted.

Section 34-1306. Duties of superior courts on days of primaries and elections, was read and adopted.

Section 34-1307. No campaign activities within two hundred and fifty feet of polling place; extension of such distance; presence of soldiers prohibited, was read.

The following amendment was read:
Mr. Baughman of Early moves to amend Section 34-1307 SB 1 as follows:
By striking Section 34-1307 in its entirety and by renumbering other sections accordingly.

Those voting in the affirmative were Messrs.

Barber Baughman Beck Black Brackin Clark, J. T. Conger Floyd Fulford Griffin Hall Keyton

Lane Lee, G. B. Lokey McCracken McKemie Milford Mixon Murphy Poole Rainey Raulerson Reaves

Rhodes Scarborough Simmons Singer Tabb Todd Underwood, R. R. Wells, D. W. White Wilson, Hoke Woodward Hudgins

Those voting in the negative were Messrs.:

Anderson Arnsdorff Bedgood Bell Blalock, D. B. Bolton Bowen, R. W. Brown

Busbee Byrd Carr Clarke, H. G. Coker, G., Dr. Deen, H. D. Dennard Dorminy Duncan, A. C.

Duncan, J. E. Flournoy Fowler, J. W. Greene Harrington Harris Henderson Herndon House

TUESDAY, JUNE 9, 1964

Johnson, A. S., Dr. Johnson, B. Jones, C. M. Jones, F. C. Jones, M. Jordan, J. E. Jordan, W. H. Keadle Killian Knight, D. W. Knight, W. D. Lee, Wm. S. Lewis Lindsey Lowrey Mackay Matthews, C. McClelland Meeks

Milhollin Moate Newton, A. S. Odom Overby Pafford Parker Payton Peterson Phillips Ponsell Pope Poss Richardson Roberts Rogers, Jimmie Roper Rowland Shea

723
Shuman Sinclair Smith, E. B., Jr. Smith, R. R. Spikes Stalnaker Steis Story Tucker, Ray M. Twitty Underwood, J. C. Vaughn Walker Ware Watts Wiggins Williams, G. J. Williams, W. M.

Those not voting were Messrs.:

Abney Acree Alien Andrews Bagby Ballard Blair Blalock, E. Bowen, A. Bowen, R. L. Bowen, R. P. Branch Brantley Brooks, Geo. B. Brooks, Wilson Bynum Caldwell Causby Chandler Coker, R. Conner Cullens Da vis Dean, N. DeVane Dicus Dixon Echols Etheridge

Fleming Flynt Fowler, A. A., Jr. Funk Gibbons Groover Hale Harrell Hill Horton Houston Hull Hurst Isenberg Jones, D. C. Kelly Kirkland Laite Lambert Lee, W. J., (Bill) Leonard Logan Matthews, D. R. McDonald Melton Mitchell Moore Morgan, H. Morgan, J. H.

Mullis Nessmith Newton, D. L. Paris Partridge Perry Pickard Rodgers, H. B. Russell Rutland Sewell Simpson Smith, A. C., Jr. Smith, Chas. C. Smith, G. L., II Smith, V. T. Snow Strickland Stuckey Teague Towson Tucker, J. B. Tucker, M. K. Warren Watson Wells, H. H. Wilkes Wilson, J. M. Smith, G. T.

On the adoption of the amendment, the ayes were 36, nays 82.

724

JOURNAL OF THE HOUSE,

The amendment was lost.

Mr. Ployd of Chattooga stated that he inadvertently voted "Aye" and would like to be recorded as voting "Nay".

The following amendment was read:
Mr. Richardson of Chatham moves to amend Section 34-1307 (a) by striking the words "250 feet" and inserting in lieu thereof the words "500 feet" and by striking the last sentence of Paragraph (a) in its entirety.

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

Those voting in the affirmative were Messrs.:

Blair Bowen, A. Coker, G., Dr. Duncan, j. E. Funk House

Jones, F. C. Jones, M. Killian Knight, D. W. Knight, W. D. Lindsey

Matthews, C. Partridge Richardson Rodgers, H. B. Walker Wiggins

Those voting in the negative were Messrs.:

Arnsdorff Barber Baughman Beck Bell Bolton Bowen, R. W. Brackin Branch Brantley Brooks, Wilson Brown Busbee Byrd Carr Clark, J. T. Clarke, H. G. Davis Deen, H. D. Dennard DeVane

Dorminy Duncan, A. C. Plournoy Floyd Plynt Fowler, J. W. Greene Hall Harrington Harris Henderson Herndon Houston Hurst Johnson, A. S., Dr. Johnson, B. Jordan, J. E. Jordan, W. H. Keadle Keyton Kirkland

Lane Lee, Wm. S. Lewis Logan Lokey Lowrey Mackay McClelland Meeks Mixon Moate Moore Murphy Nessmith Newton, A. S. Odom Overby Pafford Parker Perry Peterson

Phillips Ponsell Poole Poss Rainey Reaves Rhodes Roberts Rodgers, Jimmie Roper Russell Scarborough

TUESDAY, JUNE 9, 1964
Shea Shuman Simmons Smith, E. B., Jr. Smith, R. R. Spikes Steis Story Strickland Todd Tucker, Ray M. Twitty

725
Underwood, J. C. Underwood, R. R. Vaughn Watts Wells, D. W. White Williams, G. J. Williams, W. M. Wilson, Hoke Woodward Hudgins

Those not voting were Messrs. :

Abney Acree Alien Anderson Andrews Bagby Ballard Bedgood Black Blalock, D. B. Blalock, E. Bowen, R. L. Bowen, R. P. Brooks, Geo. B. Bynum Caldwell Causby Chandler Coker, R. Conger Conner Cullens Dean, N. Dicus Dixon Echols Ether idge Fleming Fowler, A. A., Jr. Fulford

Gibbons Griffin Groover Hale Harrell Hill Horton Hull Isenberg Jones, C. M. Jones, D. C. Kelly Laite Lambert Lee, G. B. Lee, W. J., (Bill) Leonard Matthews, D. R. McCraeken McDonald McKemie Melton Milford Milhollin Mitchell Morgan, H. Morgan, J. H. Mullis Newton, D. L. Paris

Payton Pickard Pope Raulerson Rowland Rutland Sewell Simpson Sinclair Singer Smith, A. C., Jr. Smith, Chas. C. Smith, G. L., II Smith, V. T. Snow Stalnaker Stuckey Tabb Teague Towson Tucker, J. B. Tucker, M. K. Ware Warren Watson Wells, H. H. Wilkes Wilson, J. M. Smith, G. T.

On the adoption of the amendment, the ayes were 18, nays 98.

The amendment was lost.

726

JOURNAL OF THE HOUSE,

The following amendment was read:

Mr. Killian of Glynn moves to amend SB 1 by adding to the first sentence of Section 34-1307 the words: "and within fifty feet of the outer edge of the courthouse square; the word 'square' shall mean the land area on which the courthouse is located."

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

Those voting in the affirmative were Messrs.:

Blair Brantley Byrd Clark, J. T. Clarke, H. G. Dicus Fowler, A. A., Jr

Greene Hall Jones, F. C. Killian Knight, D. W. Knight, W. D. Lane

Matthews, C. Poole Eainey Rhodes Underwood, R. R. Walker Woodward

Those voting in the negative were Messrs.:

Alien Anderson Arnsdorff Barber Baughman Beck Bell Bolton Bowen, R. L. Bowen, R. W. Brooks, Wilson Busbee Caldwell Coker, G., Dr. Davis Deen, H. D. Dennard Dorminy Duncan, A. C. Duncan, J. E. Floyd Fowler, J. W. Funk Gibbons Harrell Harrington Harris Henderson

Hill House Johnson, A. S., Dr. Johnson, B. Jones, C. M. Jones, M. Jordan, J. E. Jordan, W. H. Keadle Keyton Kirkland Laite Lee, G. B. Lee, Wm. S. Lewis Lindsey Lokey Mackay Matthews, D. R. McClelland McCracken Meeks Milford Mitchell Moate Morgan, H. Nessmith Newton, A. S.

Odom Pafford Parker Payton Peterson Phillips Ponsell Pope Poss Reaves Richardson Roberts Rodgers, H. B. Rogers, Jimmie Russell Scarborough Shea Shuman Simmons Sinclair Smith, E. B., Jr. Smith, R. R. Spikes Stalnaker Steis Story Strickland Tabb

Todd Tucker, Ray M. Twitty Underwood, J. C.

TUESDAY, JUNE 9, 1964
Vaughn Watts Wells, D. W. Wells, H. H.

727
White Wiggins Williams, G. J. Williams, W. M.

Those not voting were Messrs. :

Abney Acree Andrews Bagby Ballard Bedgood Black Blalock, D. B. Blalock, E. Bowen, A. Bowen, R. P. Brackin Branch Brooks, Geo. B. Brown Bynum Carr Causby Chandler Coker, R. Conger Conner Cullens Dean, N. DeVane Dixon Echols Etheridge Fleming Flournoy

Flynt Fulford Griffin Groover Hale Herndon Horton Houston Hull Hurst Isenberg Jones, D. C. Kelly Lambert Lee, W. J., (Bill) Leonard Logan Lowrey McDonald McKemie Melton Milhollin Mixon Moore Morgan, J. H. Mullis Murphy Newton, D. L. Overby Paris

Partridge Perry Pickard Raulerson Roper Rowland Rutland Sewell Simpson Singer Smith, A. C., Jr. Smith, Chas. C. Smith, G. L., II Smith, V. T. Snow Stuckey Teague Towson Tucker, J. B. Tucker, M. K. Ware Warren Watson Wilkes Wilson, Hoke Wilson, J. M. Hudgins Smith, G. T.

On the adoption of the amendment, the ayes were 21, nays 96.

The amendment was lost.

The following amendment was read:
Mr. Brooks of Fulton moves to amend SB 1 by striking the follow ing words from Section 34-1307: "within two hundred and fifty feet of any polling place or the outer edge of any building within which such polling place is established. The superintendent may extend such distance by the promulgation of a rule and regulation."

728

JOURNAL OF THE HOUSE,

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

Those voting in the affirmative were Messrs.:

Beck Blalock, E. Brooks, Wilson Busbee Coker Dicus Duncan, J. E. Fowler, A. A., Jr. Jones, F. C.

Jones, M. Killian Knight, D. W. Lee, W. J., (Bill) Lee, Wm. S. Matthews, C. McClelland McCracken Moore

Odom Pickard Pope Eussell Scarborough Tucker, Ray M. Vaughn Wiggins

Those voting in the negative were Messrs.:

Alien Anderson Arnsdorff Ballard Barber Baughman Bell Blair Bolton Bowen, R. L. Bowen, R. W. Brackin Brantley Brown Byrd Carr Clarke, H. G. Da vis Deen, H. D. Dorminy Duncan, A. C. Fowler, J. W. Funk Gibbons Greene Groover Hall Harrington Harris Henderson Hill

House Johnson, A. S., Dr. Johnson, B. Jones, C. M. Jordan, J. E. Jordan, W. H. Keadle Keyton Kirkland Knight, W. D. Laite Lane Lee, G. B. Lewis Lindsey Lokey Lowrey Mackay McKemie Meeks Milford Moate Morgan, H. Nessmith Newton, A. S. Pafford Parker Partridge Payton Peterson Phillips

Those not voting were Messrs.:

Abney Acree

Andrews Bagby

Ponsell Poole Rainey Reaves Richardson Roberts Rodgers, H. B. Rogers, Jimmie Roper Shea Shuman Simmons Sinclair Smith, E. B., Jr. Smith, R. R. Stalnaker Steis Tabb Todd Towson Twitty Underwood, J. C. Underwood, R. R. Watts Wells, D. W. Wells, H. H. White Williams, G. J. Williams, W. M. Wilson, Hoke
Bedgood Black

Blalock, D. B. Bowen, A. Bowen, R. P. Branch Brooks, Geo. B. Bynum Caldwell Causby Chandler Clark, J. T. Coker, R. Conger Conner Cullens Dean, N. Dennard DeVane Dixon Echols Etheridge Fleming Flournoy Floyd Flynt Fulford Griffin Hale

TUESDAY, JUNE 9, 1964
Harrell Herndon Horton Houston Hull Hurst Isenberg Jones, D. C. Kelly Lambert Leonard Logan Matthews, D. R. McDonald Melton Milhollin Mitchell Mixon Morgan, J. H. Mullis Murphy Newton, D. L. Overby Paris Perry Poss Raulerson

729
Rhodes Rowland Rutland Sewell Simpson Singer Smith, A. C., Jr. Smith, Chas. C. Smith, G. L., II Smith, V. T. Snow Spikes Story Strickland Stuckey Teague Tucker, J. B. Tucker, M. K. Walker Ware Warren Watson Wilkes Wilson, J. M. Woodward Hudgins Smith, G. T.

On the adoption of the amendment, the ayes were 26, nays 92.

The amendment was lost.

The following amendment was read:
Mr. Murphy of Haralson moves to amend SB 1 Section 34-1307 sub section (a) as follows:
By striking the last sentence of said section.

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

Those voting in the affirmative were Messrs.:

Alien Anderson

Arnsdorff Barber

Baughman Beck

730

JOURNAL OF THE HOUSE,

Bell Blair Blalock, D. B. Bolton Bowen, A. Bowen, R. W. Brackin Brantley Brooks, Wilson Brown Byrd Carr Clark, J. T. Clarke, H. G. Coker, G., Dr. Been, H. D. Dennard Dorminy Duncan, A. C. Duncan, J. E. Echols Plournoy Flynt Fowler, J. W. Funk Greene Groover Hall Harrington Henderson Herndon Hill House Johnson, A. S., Dr. Johnson, B. Jones, C. M.

Jordan, J. E. Jordan, W. H. Keadle Keyton Killian Kirkland Knight, D. W. Knight, W. D. Lane Lee, G. B. Lev/is Lindsey Lokey Lowrey McClelland McCracken McKemie Melton Milford Mixon Moate Moore Morgan, H. Murphy Nessmith Newton, A. S. Pafford Paris Parker Partridge Payton Peterson Phillips Ponsell Poole Pope

Rainey Reaves Rhodes Roberts Rodgers Rogers, Jimmie Russell Scarborough Shea Shuman Simnions Sinclair Smith, E. B., Jr. Smith, R. R. Spikes Steis Tabb Todd Towson Tucker, Ray M. Twitty Underwood, J. C. Vaughn Walker Ware Watts Wells, D. W. Wells, H. H. White Wiggins Williams, W. M. Wilson, Hoke Woodward Hudgins

Those voting in the negative were Messrs.:

Bynum Chandler Dixon Floyd Fowler, A. A., Jr. Gibbons

Harris Jones, F. C. Jones, M. Lee, W. J., (Bill) Mackay Matthews, C.

Meeks Milhollin Odom Pickard Richardson Williams, G. J.

Those not voting were Messrs.:

Abney Acree Andrews Bagby

Ballard Bedgood Black Blalock, E.

Bowen, R. L. Bowen, R. P. Branch Brooks, Geo. B.

Busbee Caldwell Causby Coker, R. Conger Conner Cullens Davis Dean, N. DeVane Dicus Etheridge Fleming Fulford Griffin Hale Harrell Horton Houston Hull Hurst

TUESDAY, JUNE 9, 1964
Isenberg Jones, D. C. Kelly Laite Lambert Lee, Wm. S. Leonard Logan Matthew, D. R. McDonald Mitchell Morgan, J. H. Mullis Newton, D. L. Overby Perry Poss Raulerson Roper Rowland Rutland

731
Sewell Simpson Singer Smith, A. C., Jr. Smith, Chas. C. Smith, G. L., II Smith, V. T. Snow Stalnaker Story Strickland Stuckey Teague Tucker, J. B. Tucker, M. K. Underwood, R. R. Warren Watson Wilkes Wilson, J. M. Smith, G. T.

On the adoption of the amendment, the ayes were 112, nays 18.

The amendment was adopted.

The following amendment was read:
Mr. Murphy of Haralson moves to amend SB 1 Section 34-1307 (a) by changing the period to a comma and adding the following: "provided the superintendent may fix the distance at a lesser figure."

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

Those voting in the affirmative were Messrs.:

Alien Arnsdorff Barber Baughman Beck Brackin Brantley Bynum Conger Davis

Flynt Hall Keyton Kirkland Lane Lokey McCracken Mixon Moore Murphy

Nessmith Paris Rainey Rhodes Scarborough Simmons Steis Tucker, Ray M. White Woodward

732

JOURNAL OF THE HOUSE,

Those voting in the negative were Messrs.:

Anderson Bell Blair Blalock, D. B. Blalock, E. Bolton Bowen, A. Bowen, R. W. Brooks, Wilson Brown Byrd Carr Clarke, H. G. Coker, G., Dr. Been, H. D. Dennard Dixon Dorminy Duncan, A. C. Duncan, J. E. Flournoy Floyd Fowler, A. A., Jr. Fowler, J. W. Funk Gibbons Greene Groover Harrington Harris Henderson Herndon House

Johnson, A. S., Dr. Johnson, B. Jones, C. M. Jones, F. C. Jones, M. Jordan, J. E. Jordan, W. H. Keadle Killian Knight, D. W. Knight, W. D. Lee, G. B. Lee, W. J. (Bill) Lee, Wni. S. Lewis Lindsey Lowrey Mackay Matthews, C. McClelland McKemie Meeks Melton Milford Milhollin Moate Morgan, H. Newton, A. S. Odom Pafford Parker Partridge Payton

Peterson Phillips Pickard Ponsell Poole Pope Reaves Richardson Roberts Rodgers, H. B. Rogers, Jimmie Russell Shea Shuman Sinclair Smith, E. B., Jr. Smith, R. R. Spikes Tabb Towson Twitty Underwood, J. C. Vaughn Walker Ware Warren Watts Wiggins Williams, G. J. Williams, W. M. Wilson, Hoke

Those not voting were Messrs.:

Abney Acree Andrews Bagby Ballard Bedgood Black Bowen, R. L. Bowen, R. P. Branch Brooks, Geo. B. Busbee Caldwell Causby Chandler

Clark, J. T. Coker, R. Conner Cullens Dean, N. DeVane Dicus Echols Etheridge Fleming Fulford Griffin Hale Harrell Hill

H orton Houston Hull Hurst Isenberg Jones, D. C. Kelly Laite Lambert Leonard Logan Matthews, D. R. McDonald Mitchell Morgan, J. H.

Mullis Newton, D. L. Overby Perry Poss Raulerson Roper Rowland Rutland Sewell Simpson

TUESDAY, JUNE 9, 1964
Singer Smith, A. C., Jr. Smith, Chas. C. Smith, G. L. II Smith, V. T. Snow Stalnaker Story Strickland Stuckey Teague

733
Todd Tucker, J. B. Tucker, M. K. Underwood, R. R. Watson Wells, D. W. Wells, H. H. Wilkes Wilson, J. M. Hudgins Smith, G. T.

On the adoption of the amendment, the ayes were 30, nays 97.

The amendment was lost.

The following amendment was read:
Mr. Barber of Jackson moves to amend SB 1 by striking the words "and fifty" in the 6th line of Section 34-1307.

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

Those voting in the affirmative were Messrs.:

Alien Bagby Barber Beck Brackin Brantley
Bynum Byrd Clarke, H. G. Coker, G., Dr. Davis Echols
Flynt Fowler, J. W. Funk
Hall Harrington Henderson Herndon
Hill Johnson, B.

Jones, P. C. Jordan, J. E. Keyton Kirkland Lane Lee, G. B.
Lewis Lokey McCracken Meeks Melton Milford
Mixon Moate Murphy
Nssmith Pafford Paris Parker
Phillips Ponsell

Rainey Reaves Rhodes Roberts Roper Russell
Scarborough Simmons Smith, G. L. II Smith, R. R. Steis Story
Strickland Tabb Todd
Tucker, Ray M. Wells, D. W. Wells, H. H. White
Woodward Hudgins

734

JOURNAL OF THE HOUSE,

Those voting in the negative were Messrs.:

Anderson Arnsdorff Baughman Blair Blalock, D. B. Blalock, E. Bolton Bowen, A. Brooks, Wilson Brown Carr Conner Deen, H. D. Dennard Dicus Dorminy Duncan, A. C. Duncan, J. E. Flournoy Fowler, A. A., Jr. Gibbons Greene

Harris House Johnson, A. S., Dr. Jones, C. M. Jones, M. Jordan, W. H. Killian Knight, D. W. Knight, W. D. Lee, W. J. (Bill) Lindsey Lowrey Mackay Matthews, C. McClelland McKemie Milhollin Moore Newton, A. S. Partridge Payton Peterson

Pickard Poole Richardson Rodgers, H. B. Rogers, Jimmie Shea Shuman Sinclair Smith, E. B., Jr. Spikes Towson Twitty Underwood, J. C. Vaughn Walker Ware Watts Wiggins Williams, G. J. Williams, W. M.

Those not voting were Messrs. :

Abney Acree Andrews Ballard Bedgood Bell Black Bowen, R. L. Bowen, R. W. Bowen, R. P. Branch Brooks, Geo. B. Busbee Caldwell Causby Chandler Clark, J. T. Coker, R. Conger Cullens Dean, N. DeVane Dixon Etheridge Fleming Floyd

Fulford Griffin Groover Hale Harrell Horton Houston Hull Hurst Isenberg Jones, D. C. Keadle Kelly Laite Lambert Lee, Wm. S. Leonard Logan Matthews, D. R. McDonald Mitchell Morgan, H. Morgan, J. H. Mullis Newton, D. L. Odom

Overby Perry Pope Poss Raulerson Rowland Rutland Sewell Simpson Singer Smith, A. C., Jr. Smith, Chas. C. Smith, V. T. Snow Stalnaker Stuckey Teague Tucker, J. B. Tucker, M. K. Underwood, R. R. Warren Watson Wilkes Wilson, Hoke Wilson, J. M. Smith, G. T.

TUESDAY, JUNE 9, 1964

735

On the adoption of the amendment, the ayes were 63, nays 64.

The amendment was lost.

The following amendment was read:
Mr. Rhodes of Baker moves to amend SB 1 Section 34-1307 by adding the following at the end of subsection (a) : "Nothing herein shall prohibit a candidate personally from being present at a polling place, and soliciting votes thereat."

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

Those voting in the affirmative were Messrs.

Anderson Bagby Barber Baughman Brackin Brantley Bynum Byrd Clarke, J. T. Coker, G., Dr. Davis Dicus Flournoy Flynt Hall Harrington Herndon Hill

Hurst Johnson, B. Jones, F. C. Jordan, J. E. Keadle Keyton Kirkland Knight, W. D. Lane Lewis Lokey McCracken Mitchell Mixon Moore Murphy Newton, D. L. Perry

Pope Reaves Rhodes Rodgers, H. B. Roper Russell Simmons Steis Strickland Tabb Todd Underwood, R. R. White Wilson, Hoke Woodward Hudgins

Those voting in the negative were Messrs.:

Alien Beck Bell Blalock, D. B. Blalock, E. Bolton Brooks, Wilson Brown Carr Clarke, H. G.

Deen, H. D. Dennard Dixon Dorminy Duncan, A. C. Duncan, J. E. Floyd Fowler, A. A., Jr. Fowler, J. W. Gibbons

Greene Groover Harris Henderson House Johnson, A. S., Dr. Jones, C. M. Jones, M. Jordan, W. H. Killian

736
Knight, D. W. Lee, W. J. (Bill) Lindsey Logan Lowrey Matthews, C. McClelland McKemie Meeks Milhollin Morgan, H. Nessmith Newton, A. S. Paris

JOURNAL OF THE HOUSE,

Parker Partridge Peterson Phillips Pickard Ponsell Poole Richardson Rogers, Jimmie Shea Shuman Sinclair Smith, E. B., Jr. Smith, G. L. II

Smith, R. R. Spikes Stalnaker Story Towson Tucker, Ray M. Twitty Vaughn Walker Watts Wiggins Williams, G. J. Williams, W. M.

Those not voting were Messrs. :

Abney Acree Andrews Arnsdorff Ballard Bedgood Black Blair Bowen, A. Bowen, R. L. Bowen, R. W. Bowen, R. P. Branch Brooks, Geo. B. Busbee Caldwell Causby Chandler Coker, R. Conger Conner Cullens Dean, N. DeVane Echols Etheridge Fleming Fulford

Funk Griffin Hale Harrell Horton Houston Hull Isenberg Jones, D. C. Kelly Laite Lambert Lee, G. B. Lee, Wm. S. Leonard Mackay Matthews, D. R. McDonald Melton Milford Moate Morgan, J. H. Mullis Odom Overby Pafford Payton Poss

Rainey Raulerson Roberts Rowland Rutland Scarborough Sewell Simpson Singer Smith, A. C., Jr. Smith, Chas. C. Smith, V. T. Snow Stuckey Teague Tucker, J. B. Tucker, M. K. Underwood, J. C. Ware Warren Watson Wells, D. W. Wells, H. H. Wilkes Wilson, J. M. Smith, G. T.

On the adoption of the amendment, the ayes were 52, nays 71.

The amendment was lost.

TUESDAY, JUNE 9, 1964

737

The following amendment was read:

Mr. Jones of Muscogee moves to amend SB 1 Section 34-1307 by striking sub-paragraph (a) in its entirety and substituting in lieu thereof the following:

(a) No person shall solicit votes in any manner or by any means or method, or shall distribute any campaign literature, booklets, pamph lets, card or sign in support of any person, party, body or proposition on any primary day or election day."

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

Those voting in the affirmative were Messrs.

Beck Blair Blalock, E. Bowen, A. Brooks, Wilson Byrd Carr Clark, J. T. Dennard Dorminy Duncan, J. E. Flynt Fowler, A. A., Jr. Fowler, J. W. Hall Harris

Herndon House Johnson, B. Jones, M. Jordan, J. E. Keyton Killian Lane Lee, W. J. (Bill) Matthews, C. McCracken McKemie Meeks Milhollin Moore Nessmith

Pickard Ponsell Poole Reaves Roberts Roper Russell Simpson Steis Tucker, J. B. Tucker, Ray M. Underwood, R. R. Walker Wilson, Hoke

Those voting in the negative were Messrs.:

Alien Anderson Arnsdorff Bagby Barber Baughman Blalock, D. B. Bolton Brackin Bynum Clarke, H. G. Coker, G., Dr. Da vis Deen, H. D. Echols

Flournoy Floyd Funk Gibbons Greene Harrington Henderson Hill Hurst Johnson, A. S., Dr. Jones, C. M. Jones, F. C. Jordan, W. H. Keadle Kirkland

Knight, D. W. Knight, W. D. Laite Lee, G. B. Lewis Lindsey Lokey Lowrey McClelland Milford Mitchell Mixon Moate Morgan, H. Morgan, J. H.

738
Newton, A. S. Odom Pafford Parker Partridge Peterson Phillips Pope Rainey Rhodes Richardson Rodgers, H. B.

JOURNAL OF THE HOUSE,

Rogers, Jimmie Shea Shuman Simmons Sinclair Smith, R. R. Smith, V. T. Story Strickland Tabb Todd Towson

Twitty Underwood, J. C. Vaughn Warren Watts White Williams, G. J. Williams, W. M. Woodward Hudgins

Those not voting were Messrs.:

Abney Acree Andrews Ballard Bedgood Bell Black Bowen, R. L. Bowen, R. W. Bowen, R. P. Branch Brantley Brooks, Geo. B. Brown Busbee Caldwell Causby Chandler Coker, R. Conger Conner Cullens Dean, N. DeVane Dicus Dixon Duncan, A. C.

Etheridge Fleming Fulford Griffin Groover Hale Harrell Horton Houston Hull Isenberg Jones, D. C. Kelly Lambert Lee, Wm. S. Leonard Logan Mackay Matthews, D. R. McDonald Melton Mullis Murphy Newton, D. L. Overby Paris Payton

Perry Poss Raulerson Rowland Rutland Scarborough Sewell Singer Smith, A. C., Jr. Smith, Chas. C. Smith, E. B., Jr. Smith, G. L. II Snow Spikes Stalnaker Stuckey Teague Tucker, M. K. Ware Watson Wells, D. W. Wells, H. H. Wiggins Wilkes Wilson, J. M. Smith, G. T.

On the adoption of the amendment, the ayes were 46, nays 79.

The amendment was lost.

The following amendment was read:

TUESDAY, JUNE 9, 1964

739

Mr. Arnsdorff of Effingham moves to amend SB 1 as follows:

By striking Subsection (a) of Section 34-1307 in its entirety and by inserting in lieu thereof a new Subsection (a) to read as follows:

"(a) No person shall solicit votes by means of distributing any campaign literature, booklet, pamphlet, card, sign, or any written or printed matter of any kind in support of any person, party, body, or proposition in any primary or election within two-hundred-fifty feet (250') of any polling place or the outer edge of any building within which such polling place is established.

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 Alien Arnsdorff Bagby Barber Baughman Beck Bowen, R. P. Brackin Brantley Brooks, Geo. B. Byrd Clark, J. T. Conger Duncan, A. C. Echols Flournoy Flynt Funk Griffin Hall Harrington Henderson Herndon Houston

Hurst Johnson, B. Keadle Keyton Killian Laite Lane Lee, G. B. Lokey McKemie Melton Milford Mixon Morgan, H. Murphy Nessmith Newton, A. S. Pafford Paris Parker Perry Ponsell Eainey Reaves Rhodes

Roberts Rodgers, H. B. Russell Simmons Simpson Smith, R. R. Smith, V. T. Snow Spikes Strickland Tabb Tucker, J. B. Tucker, Ray M. Underwood, J. C. Underwood, R. R. Vaughn Ware Wells, D. W. White Wilson, Hoke Wilson, J. M. Woodward Hudgins

Those voting in the negative were Messrs.:

Anderson Bedgood Bell Blair Blalock, D. B.

Blalock, E. Boltoh Brooks, Wilson Brown Carr

Chandler Clarke, H. G. Coker, G., Dr. Deen, H. D. Dennard

740

JOURNAL OP THE HOUSE,

Dicus Dixon Dorminy Duncan, J. E. Floyd Fowler, A. A., Jr. Fowler, J. W. Gibbons Greene Groover Harris House Isenberg Johnson, A. S., Dr. Jones, C. M. Jones, M. Jordan, J. E. Knight, D. W. Knight, W. D.

Lewis Lindsey Logan Lowrey Mackay Matthews, C. McClelland McCracken Meeks Milhollin Mitchell Moate Moore Morgan, J. H. Overby Partridge Payton Peterson Phillips

Pickard Poole Pope Richardson Rogers, Jimmie Shea Shuman Sinclair Smith, G. L. II Stalnaker Steis Story Towson Twitty Walker Warren Watts Williams, G. J. Williams, W. M.

Those not voting were Messrs.:

Acree Andrews Ballard Black Bowen, A. Bowen, R. L. Bowen, R. W. Branch Busbee Bynum Caldwell Causby Coker, R. Conner Cullens Davis Dean, N. DeVane Etheridge Fleming

Fulford Hale Harrell Hill Horton Hull Jones, D. C. Jones, F. C. Jordan, W. H. Kelly Kirkland Lambert Lee, W. J. (Bill) Lee, Wm. S. Leonard Matthews, D. R. McDonald Mullis Newton, D. L. Odom

Poss Raulerson Roper Rowland Rutland Scarborough Sewell Singer Smith, A. C., Jr. Smith, Chas. C. Smith, E. B., Jr. Stuckey Teague Todd Tucker, M. K. Watson Wells, H. H. Wiggins Wilkes Smith, G. T.

On the adoption of the amendment, the ayes were 73, nays 72.

The amendment was adopted.
Mr. Matthews of Clark asked unanimous consent that the House reconsider its action in adopting the amendment by Mr. Arnsdorff of Effingham.

TUESDAY, JUNE 9, 1964

741

On the motion to reconsider, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Bedgood Bell Blair Blalock, D. B. Blalock, E. Bolton Bowen, A. Bowen, R. W. Brooks, Wilson Brown Bynum Byrd Carr Chandler Clarke, H. G. Coker, G., Dr. Davis Deen, H. D. Dicus Dixon Dorminy Duncan, J. E. Floyd Fowler, A. A., Jr. Fowler, J. W. Fulford Gibbons

Greene Groover Harris House Isenberg Johnson, A. S., Dr. Jones, C. M. Jones, M. Jordan, J. E. Jordan, W. H. Killian Knight, D. W. Lee, W. J. (Bill) Lewis Lindsey Lowrey Mackay Matthews, C. McClelland Meeks Melton Milhollin Moate Moore Morgan, H. Overby Payton

Peterson Pickard Ponsell Poole Pope Richardson Shea Sinclair Smith, E. B., Jr. Smith, G. L. II Smith, R. R. Spikes Steis Story Towson Twitty Underwood, J. C. Vaughn Walker Ware Watts Wiggins Williams, G. J. Williams, W. M. Wilson, Hoke

Those voting in the negative were Messrs.:

Alien Anderson Arnsdorff Bagby Barber Baughman Beck Brackin Branch Brantley Busbee Causby Clark, J. T. Conger Dennard Duncan, A. C. Flournoy

Flynt Funk Hall Harrington Henderson Herndon Houston Johnson, B. Jones, F. C. Keadle Keyton Kirkland Laite Lane Lokey Matthews, D. R. McCracken

McKemie Milford Mitchell Morgan, J. H. Murphy Nessmith Newton, A. S. Pafford Paris Parker Phillips Poss Rainey Raulerson Reaves Rhodes Roberts

742
Rodgers, H. B. Rogers, Jimmie Roper Russell Scarborough Shuman

JOURNAL OP THE HOUSE,
Simmons Smith, V. T. Strickland Todd Tucker, J. B. Tucker, Ray M.

Underwood, R. R. Warren White Wilson, J. M. Woodward Hudgins

Those not voting were Messrs.:

Abney Acree Andrews Ballard Black Bowen, R. L. Bowen, R. P.
Brooks, Geo. B. Caldwell Coker, R. Conner Cullens Dean, N. DeVane Echols Etheridge Fleming
Griffin Hale

Harrell Hill Horton Hull Hurst Jones, D. C. Kelly
Lambert Lee, G. B. Lee, Wm. S. Leonard Logan McDonald Mixon Mullis Newton, D. L. Odom
Partridge Perry

Rowland Rutland Sewell Simpson Singer Smith, A. C., Jr. Smith, Chas. C.
Snow Stalnaker Stuckey Tabb Teague Tucker, M. K. Watson Wells, D. W. Wells, H. H. Wilkes
Smith, G. T.

On the motion to reconsider, the ayes were 80, nays 69.

The motion prevailed and the House has reconsidered.

The following amendment was read:

Mr. Walker of Lowndes moves to amend SB 1 Section 34-1307 by striking subparagraph (b) therefrom.

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

Those voting in the affirmative were Messrs.:

Anderson Bagby

Barber Baughman

Beck Bedgood

Bell Blair Blalock, D. B. Blalock, E. Bolton Bowen, R. W. Brackin Brooks, Wilson Brown Bynum Byrd Carr Causby Chandler Clark, J. T. Clarke, H. G. Coker, G., Dr. Conger Davis Deen, H. D. Dennard Dixon Dorminy Duncan, A. C. Echols Flournoy Funk Gibbons Greene Griffin Hall Harrington Harris Henderson

TUESDAY, JUNE 9, 1964
Herndon Isenberg Johnson, A. S., Dr. Johnson, B. Jones, C. M. Jones, F. C. Jones, M. Jordan, J. E. Keadle Keyton Killian Kirkland Knight, D. W. Knight, W. D. Lane Lewis Lindsey Logan Lokey Lowrey Mackay Matthews, C. McClelland McCracken McKemie Meeks Milford Milhollin Moore Morgan, J. H. Murphy Nessmith Pafford Paris

743
Partridge Peterson Phillips Ponsell Poole Pope Rainey Reaves Rhodes Roberts Rodgers, H. B. Roper Russell Scarborough Shea Shuman Simmons Simpson Sinclair Smith, R. R. Smith, V. T. Tabb Todd Towson Tucker, J. B. Tucker, Ray M. Twitty Underwood, R. R. Vaughn Walker Wells, D. W. White Wilson, Hoke Woodward

Those voting in the negative were Messrs.:

Alien Branch House Laite

Overby Richardson Underwood, J. C. Warren

Williams, G. J. Williams, W. M.

Those not voting were Messrs.:

Abney Acree Andrews Arnsdorff Ballard Black Bowen, A.

Bowen, R. L. Bowen, R. P. Brantley Brooks, Geo. B. Busbee Caldwell Coker, R.

Conner Cullens Dean, N. DeVane Dicus Duncan, J. E. Etheridge

744

JOURNAL OP THE HOUSE,

Fleming Ployd Flynt Fowler, A. A., Jr. Fowler, J. W. Fulford" Groover Hale Harrell Hill Horton Houston Hull Hurst Jones, D. C. Jordan, W. H. Kelly Lambert Lee, G. B. Lee, W. J. (Bill) Lee, Wm. S. Leonard

Matthews, D. R. McDonald Melton Mitchell Mixon Moate Morgan, H. Mullis Newton, A. S. Newton, D. L. Odom Parker Payton Perry Pickard Poss Raulerson Rogers, Jimmie Rowland Rutland Sewell Singer

Smith, A. C., Jr. Smith, Chas. C. Smith, E. B., Jr. Smith, G. L. II Snow Spikes Stalnaker Steis Story Strickland Stuckey Teague Tucker, M. K. Ware Watson Watts Wells, H. H. Wigging Wilkes Wilson, J. M. Hudgins Smith, G. T.

On the adoption of the amendment, the ayes were 108, nays 10.

The amendment was adopted.

Mr. Murphy of Haralson moved that further consideration of Section 34-1307 be postponed until Wednesday, June 10, 1964.

On the motion to postpone, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Senators:

Alien Anderson Bagby Barber
Baughman Beck Black Blalock, D. B. Bolton Brackin Brantley Brooks, Wilson

Brown Busbee Bynum Byrd
Carr Causby Clark, J. T. Clarke, H. G. Conger Davis Deen, H. D. Dennard

Duncan, A. C. Flournoy Fowler, A. A., Jr. Fulford
Funk Henderson Herndon Houston Isenberg Johnson, A. S., Dr. Johnson, B. Keadle

Keyton Killian Knight, D. W. Knight, W. D. Laite Lane Lee, Wm. S. Lokey Matthews, D. K. Meeks Melton Milford Murphy Nessmith Odom Pafford

TUESDAY, JUNE 9, 1964
Paris Partridge Poss Rainey Raulerson Reaves Rhodes Roberts Rogers, Jimmie Roper Scarborough Shea Shuman Simmons Singer Smith, R. R.

745
Steis Story Todd Towson Tucker, J. B. Tucker, Ray M. Underwood, J. C. Underwood, R. R. Walker Warren Wells, D. W. Wilson, Hoke Wilson, J. M. Woodward Hudgins

Those voting in the negative were Messrs.:

Bedgood Bell Blair Blalock, E. Bowen, A. Bowen, R. W. Chandler Coker, G., Dr. Dicus Dixon Dorminy Duncan, J. E. Floyd Fowler, J. W. Greene Groover Hall Harrington Harris House Jones, C. M. Jones, F. C.

Jones, M. Jordan, J. E. Jordan, W. H. Kirkland Lee, W. J. (Bill) Lewis Lindsey Lowrey Mackay Matthews, C. McClelland McCracken McKemie Milhollin Mitchell Moore Morgan, J. H. Newton, A. S. Overby Parker Pay ton Peterson

Phillips Pickard Ponsell Poole Pope Richardson Rodgers, H. B. Russell Sinclair Smith, E. B., Jr. Smith, G. L. II Spikes Tabb Twitty Vaughn Ware Watts Wiggins Williams, G. J. Williams, W. M.

Those not voting were Messrs.:

Abney Acree Andrews Arnsdorff Ballard Bowen, R. L. Bowen, R. P. Branch

Brooks, Geo. B. Caldwell Coker, R. Conner Cullens Dean, N. DeVane Echols

Etheridge Fleming Flynt Gibbons Griffin Hale Harrell Hill

746
Horton Hull Hurst Jones, D. C. Kelly Lambert Lee, G. B. Leonard Logan McDonald Mixon Moate

JOURNAL OF THE HOUSE,
Morgan, H. Mullis Newton, D. L. Perry Rowland Rutland Sewell Simpson Smith, A. C., Jr. Smith, Chas. C. Smith, V. T. Snow

Stalnaker Strickland Stuckey Teague Tucker, M. K. Watson Wells, H. H. White Wilkes Smith, G. T.

On the motion to postpone, the ayes were 83, nays 64.

The motion prevailed, and further consideration of Section 34-1307 was postponed until Wednesday, June 10, 1964.

Section 34-1308. Meeting of poll officers on day of primary or election; duties of poll officers, was read and adopted.

Section 34-1309. Opening of polls; posting cards of instructions and notices of penalties; examination of voting machines, was read and adopted.

Section 34-1310. Manner of applying to vote; persons entitled to vote; voter's certificates; entries to be made on voter's certificates; numbered lists of voters, was read and adopted.

Section 34-1311. Voter's Certificate Binder, was read and adopted.

The Speaker announced the House recessed until 1:30 o'clock p.m. AFTERNOON SESSION
The Speaker called the House to order at 1:30 o'clock p.m.

Section 34-1312. Duties of primary and election officials performed in public, was read.
Mr. Murphy of Haralson asked unanimous consent that further consideration of Section 34-1312 be postponed until Wednesday, June 10, 1964.

TUESDAY, JUNE 9, 1964

747

The consent was granted and further consideration of Section 34-1312 was postponed until Wednesday, June 10, 1964.

Section 34-1313. Admission of voters within enclosed space, was read.

The following amendment was read and adopted:
Mr. Groover of Bibb moves to amend SB 1 Section 34-1313 by striking sub-section (d).

Section 34-1313 was adopted as amended.

Section 34-1314. Method of marking ballots and depositing same in districts in which ballots are used, was read.

The following amendment was read and adopted:

Underwood of Montogomery moves to amend SB 1 as follows:
By striking subsection (a) of Section 34-1314 and inserting in lieu thereof a new Subsection (a) to read as follows:
"Section 34-1314. Method of marking ballots and depositing same in districts in which ballots are used, (a) In districts in which ballots are used, the elector, after receiving his ballot, shall retire to one of the voting compartments, and draw the curtain or shut the screen or door, and shall then prepare his ballot; provided, however, an elector may, before entering the voting booth, ask for instructions concerning the manner of voting, and a poll officer shall give him such instructions, but no person giving an elector such instructions shall in any manner request, suggest or seek to persuade or induce any such elector to vote any particular ticket or for any particular candidate or for or against any particular question. After giving such instructions and before the elector closes the booth or votes, the poll officer shall retire and the elector shall forthwith vote."
Section 34-1314. was adopted as amended.
Section 34-1315. Instructions of electors and manner of voting in districts in which voting machines are used, was read and adopted.

748

JOURNAL OF THE HOUSE,

Section 34-1316. Manner of voting in districts in which voter recorders are used; duties of poll officers, was read.

The following amendment was read and adopted:
Mr. Harris of DeKalb moves to amend SB No. 1 by striking Sub section (d) of Section 34-1316 (on page 145) in its entirety and sub stituting in lieu thereof a new Section to read as follows:
"(d) After voting, the elector shall then leave the compartment and exhibit his ballot card number strip to a poll officer. The elector, unless his vote is 'challenged', shall remove the number strip in the presence of a poll officer before depositing the ballot card in the ballot box. If the vote is 'challenged', then the ballot card with the number strip attached shall be placed in an envelope provided for that purpose, which envelope shall be marked 'challenged'."

Section 34-1316 was adopted as amended.

Section 34-1317. Assistance in voting, was read.

Mr. Bolton of Spalding asked unanimous consent that further consideration of Section 34-1317 be postponed until Wednesday, June 10, 1964 and the consent was granted.

Further consideration on Section 34-1317 was postponed until Wednesday

June 10, 1964.

<|

Section 34-1318. Ballots to be issued by poll officers only; ballots not to be removed; official ballots only to be deposited or counted, was read.

The following amendment was read:

Messrs. Walker and Gibbons of Lowndes moves to amend SB 1 Section 34-1318 by changing the period at the end of the paragraph to a comma and adding the following:
Provided, however, any elector physically unable to enter into the polling place may have a poll officer deliver a ballot to such elector to the nearest point to the polling place such elector may be able to reach, pro vided, however, that no ballot may be carried more than 500 feet from the polling place.

TUESDAY, JUNE 9, 1964

749

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 Bell Bynum Causby Clark, J. T. Clarke, H. G. Conner Deen, H. D. Echols Hall

Johnson, A. S., Dr. Keyton Knight, W. D. Lane McCracken Milhollin Mixon Raulerson Reaves Russell

Sewell Sinclair Smith, R. R. Strickland Todd Tucker, J. B. Walker White Wiggins

Those voting in the negative were Messrs.:

Abney Alien Arnsdorff Ballard Barber Beck Black Blair Blalock, D. B. Blalock, E. Bolton Bowen, A. Bowen, R. W. Brackin Brown Busbee Byrd Carr Chandler Coker, G., Dr. Davis Dennard Dixon Duncan, A. C. Fowler, J. W. Harrell Harrington Harris Herndon House Houston

Hurst Isenberg Johnson, B. Jones, M. Jordan, J. E. Jordan, W. H. Kirkland Knight, D. W. Lee, Wm. S. Leonard Lewis Lindsey Lokey Lowrey Mackay Matthews, C. Matthews, D. R. McClelland McKemie Meeks Melton Morgan, J. H. Murphy Newton, A. S. Newton, D. L. Odom Overby Pafford Parker Partridge Perry

Those not voting were Messrs.:

Acree Anderson

Andrews Bagby

Peterson Ponsell Pope Poss Rainey Roberts Rodgers, H. B. Rogers, Jimmie Roper Scarborough Shea Shuman Simmons Smith, E. B., Jr. Smith, G. L., II Smith, V. T. Snow Steis Story Tabb Tucker, Ray M. Twitty Underwood, J. C. Vaughn Warren Watson Watts Wells, D. W. Wells, H. H. Williams, G. J. Williams, W. M.
Bedgood Bowen, R. L.

750
Bowen, R. P. Branch Brantley Brooks, Geo. B. Brooks, Wilson Caldwell Coker, R. Conger Cullens Dean, N. DeVane Dicus Dorminy Duncan, J. E. Etheridge Fleming Flournoy Floyd Flynt Fowler, A. A., Jr. Fulford Funk Gibbons Greene Griffin Groover

JOURNAL OF THE HOUSE,
Hale Henderson Hill Horton Hull Jones, C. M. Jones, D. C. Jones, F. C. Keadle Kelly Killian Laite Lambert Lee, G. B. Lee, W. J., (Bill) Logan McDonald Milford Mitchell Moate Moore Morgan, H. Mullis Nessmith Paris Payton

Phillips Pickard Poole Rhodes Richardson Rowland Rutland Simpson Singer Smith, A. C., Jr. Smith, Chas. C. Spikes Stalnaker Stuckey Teague Towson Tucker, M. K. Underwood, R. R. Ware Wilkes Wilson, Hoke Wilson, J. M. Woodward Hudgins Smith, G. T.

On the adoption of the amendment, the ayes were 29, nays 93.

The amendment was lost.

Section 34-1318 was adopted.

Section 34-1319. Regulations in force at polling places, was read.

Murphy of Haralson asked unanimous consent to remove comma after the words electors so that the paragraph would be grammatically correct and the consent was granted.

The following amendment was read:
Mr. Smith of Emanuel moves to amend SB 1 by striking subsection in its entirety subsection (b) of Section 34-1319 and to renumber the remaining sections accordingly.

TUESDAY, JUNE 9, 1964

751

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 Acree Alien Barber Baughman Beck Black Blair Bowen, A. Bowen, K. L. Bowen, R. W. Brown Bynum Carr Causby Clark, J. T. Clarke, H. G. Coker, G., Dr. Deen, H. D. Dixon Duncan, A. C. Plynt Fulford Gibbons Greene Hall Harris Herndon House Houston Hurst Isenberg Johnson, A. S., Dr.

Johnson, B. Jones, C. M. Jordan, J. E. Keyton Killian Kirkland Knight, W. D. Lane Lee, G. B. Leonard Lewis Lindsey Lowrey Matthews, C. Matthews, D. R. McCracken McKemie Meeks Milford Milhollin Mixon Morgan, J. H. Murphy Newton, A. S. Newton, D. L. Odom Pafford Paris Parker Partridge Peterson Phillips Ponsell

Poole Pope Poss Raulerson Reaves Roberts Rodgers, H. B. Roper Russell Sewell Shuman Simmons Simpson Sinclair Singer Smith, E. B., Jr. Smith, G. L., II Snow Strickland Tabb Todd Tucker, J. B. Tucker, Ray M. Underwood, R. R. Walker Warren Watson Wells, D. W. Wells, H. H. White Williams, G. J. Wilson, Hoke

Those voting in the negative were Messrs.

Bell Bolton Busbee Davis Echols Jones, M. Jordan, W. H.

Knight, D. W. Lee, Wm. S. Lokey Morgan, H. Overby Perry Shea Spikes

Steis Story Twitty Underwood, J. C. Vaughn Ware Williams, W. M. Hudgins

Those not voting were Messrs.:

Anderson Andrews

Arnsdorff Bagby

Ballard Bedgood

752
Blalock, D. B. Blalock, E. Bowen, R. P. Brackin Branch Brantley Brooks, Geo. B. Brooks, Wilson Byrd Caldwell Chandler Coker, R. Conger Conner Cullens Dean, N. Dennard DeVane Dicus Dorminy Duncan, J. E. Etheridge Fleming Flournoy Floyd Fowler, A. A., Jr.

JOURNAL OF THE HOUSE,

Fowler, J. W. Funk Griffin Groover Hale Harrell Harrington Henderson Hill Horton Hull Jones, D. C. Jones, F. C. Keadle Kelly Laite Lambert Lee, W. J., (Bill) Logan Mackay McClelland McDonald Melton Mitchell Moate Moore

Mullis Nessmith Payton Pickard Rainey Rhodes Richardson Rogers, Jimmie Rowland Rutland Scarborough Smith, A. C., Jr. Smith, Chas. C. Smith, R. R. Smith, V. T. Stalnaker Stuckey Teague Towson Tucker, M. K. Watts Wiggins Wilkes Wilson, J. M. Woodward Smith, G. T.

On the adoption of the amendment, the ayes were 98, nays 23.

The amendment was adopted.
Section 34-1319 was adopted as amended.
Section 34-1320. Duties of poll officers after the close of the polls in districts in which ballots are used, was read and adopted.
Section 34-1321. Count and return of votes in districts in which ballots are used, was read.

The following amendment was read:
Mr. Groover of Bibb moves to amend SB 1 Section 34-1321 by strik ing same and inserting in lieu thereof:
"The ballots shall be expediently counted by the poll holders

TUESDAY, JUNE 9, 1964

753

under the supervision of the superintendent and keep a tally there of."

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

Those voting in the affirmative were Senators:

Abney Alien Anderson Arnsdorff Bagby Ballard Barber Baughman Beck Black Blair Blalock, E. Bolton Bowen, A. Brown Bynum Byrd Caldwell Coker, G., Dr. Davis Deen, H. D. Dennard DeVane Dixon Duncan, A. C. Flournoy Pulford Gibbons Greene Groover Hall Harrell Harris Herndon Hurst Johnson, A. S., Dr. Johnson, B. Jones, F. C.

Jones, M. Jordan, W. H. Keadle Keyton Killian Kirkland Lee, G. B. Lee, W. J., (Bill) Lewis Lindsey Lokey Lowrey Mackay Matthews, D. R. McClelland McCracken McKemie Meeks Milford Mixon Morgan, H. Murphy Newton, A. S. Newton, D. L. Pafford Paris Partridge Payton Perry Peterson Phillips Ponsell Poole Pope Poss Rainey Raulerson Reaves

Those voting in the negative were Messrs.:

Bell Bowen, R. L.

Busbee Fowler

Rhodes Roberts Rodgers, H. B. Rogers, Jimmie Roper Russell Sewell Shea Shuman Simpson Sinclair Singer Smith, E. B., Jr. Smith, G. L., II Smith, V. T. Snow Spikes Stalnaker Story Tabb Todd Tucker, J. B. Tucker, Ray M. Twitty Underwood, R. R. Vaughn Walker Ware Watson Watts Wells, D. W. Wells, H. H. Wiggins Wilson, Hoke Woodward Hudgins
House Isenberg

754
Jordan, J. E. Knight, D. W. Lee, Wm. S. Matthews, C.

JOURNAL OF THE HOUSE,

Melton Milhollin Odom Towson

Williams, G. J. Williams, W. M.

Those not voting were Messrs.:

Acree Andrews Bedgood Blalock, D. B. Bowen, R. W. Bowen, R. P. Brackin Branch Brantley Brooks, Geo. B. Brooks, Wilson Carr Causby Chandler Clark, J. T. Clarke, H. G. Coker, R. Conger Conner Cullens Dean, N. Dicus Dorminy Duncan, J. E. Echols Etheridge

Fleming Floyd Flynt Fowler, A. A., Jr. Funk Griffin Hale Harrington Henderson Hill Horton Houston Hull Jones, C. M. Jones, D. C. Kelly Knight, W. D. Laite Lambert Lane Leonard Logan McDonald Mitchell Moate Moore

Morgan, J. H. Mullis Nessmith Overby Parker Pickard Richardson Rowland Rutland Scarborough Simmons Smith, A. C., Jr. Smith, Chas. C. Smith, R. R. Steis Strickland Stuckey Teague Tucker, M. K. Underwood, J. C. Warren White Wilkes Wilson, J. M. Smith, G. T.

On the adoption of the amendment, the ayes were 112, nays 16.
The amendment was adopted.
Section 34-1321 was adopted as amended.
Section 34-1322. What ballots shall be counted; manner of counting; defective ballots, was read and adopted.
Section 34-1323. Ballot decisions to be made by assistant managers; duty of chief manager, was read and adopted.
Section 34-1324. Signing and disposition of returns, electors list and voter's certificates, posting; return of ballot boxes, was read and adopted.

TUESDAY, JUNE 9, 1964

755

Section 34-1325. Duties of poll officers after the close of the polls in districts in which voting machines are used, was read and adopted.

Section 34-1326. Canvass and return of votes in districts in which voting machines are used, was read and adopted.

Section 34-1327. Disposition of returns; posting; return of electors list and voter's certificates, was read and adopted.

Section 34-1328. Duties of poll officers after the close of the polls in districts in which vote recorders are used, was read and adopted.

Section 34-1329. Return in districts in which vote recorders are used, was read and adopted.

Section 34-1330. Return of checked list and voter's certificates; registrars to keep list and certificates open to public inspection; availability to grand jury, was read and adopted.
Section 34-1331. Conduct of special elections; returns, was read and adopted.

Section 34-1332. Removal and storage of voting machines, was read and adopted.

Chapter 34-14. Absentee Voting.

Section 34-1401. Definition, was read and adopted.

Section 34-1402. Application for -ballot, was read:

The following amendment was read:
Mr. Bowen of Randolph moves to amend SB 1 Section 34-1402 as follows:
By adding to Subsection (c) in the first sentence after the words "timely application", the following language:
"in accordance with subsection (b) herein."

756

JOURNAL OP THE HOUSE,

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 Bowen, A. Clark, J. T. DeVane Harris

Jones, M. Leonard McKemie Morgan, J. H. Murphy

Those voting in the negative were Messrs.:

Abney Acree Alien Anderson Barber Beck Bell Black Blalock, D. B. Blalock, E. Bolton Bowen, R. W. Brooks, Wilson Busbee Byrd Carr Chandler Coker, G., Dr. Coker, R. Davis Dennard Dixon Duncan, A. C. Echols Flournoy Fowler, A. A., Jr. Fowler, J. W. Fulford Gibbons Griffin Hall Harrell Harrington Herndon

House Houston Johnson, A. S., Dr. Johnson, B. Jones, F. C. Jordan, J. E. Jordan, W. H. Keadle Keyton Knight, D. W. Knight, W. D. Laite Lee, W. J. (Bill) Lee, Wm. S. Lewis Lindsey Lokey Lowrey Matthews, C. Matthews, D. R. McClelland McCracken Milford Milhollin Mixon Nessmith Newton, A. S. Newton, D. L. Overby Paris Parker Partridge Payton Phillips

Those not voting were Messrs.:

Andrews Arnsdorff

Bagby Ballard

Rhodes Steis Tucker, J. B. Williams, G. J. Woodward
Ponsell Pope Rainey Raulerson Reaves Richardson Roberts Rodgers, H. B. Rogers, Jimmie Russell Scarborough Sewell Shea Simpson Sinclair Singer Smith, E. B., Jr. Snow Spikes Stalnaker Strickland Tabb Todd Towson Tucker, Ray M. Twitty Vaughn Walker Watts Wells, D. W. Wiggins Wilkes Williams, W. M. Wilson, Hoke
Bedgood Blair

Bowen, R. L. Bowen, R. P. Brackin Branch Brantley Brooks, Geo. B. Brown Bynum Caldwell Causby Clarke, H. G. Conger Conner Cullens Dean, N. Deen, H. D. Dicus Dorminy Duncan, J. E. Etheridge Fleming Floyd Flynt Funk Greene Groover Hale Henderson

TUESDAY, JUNE 9, 1964
Hill Horton Hull Hurst Isenberg Jones, C. M. Jones, D. C. Kelly Killian Kirkland Lambert Lane Lee, G. B. Logan Mackay McDonald Meeks Melton Mitchell Moate Moore Morgan, H. Mullis Odom Pafford Perry Peterson Pickard

757
Poole Poss Roper Rowland Rutland Shuman Simmons Smith, A. C., Jr. Smith, Chas. C. Smith, G. L., II Smith, R. R. Smith, V. T. Story Stuckey Teague Tucker, M. K. Underwood, J. C. Underwood, R. R. Ware Warren Watson Wells, H. H. White Wilson, J. M. Hudgins Smith, G. T.

On the adoption of the amendment, the ayes were 15, nays 102.

The amendment was lost.

Section 34-1402 was adopted.

Section 34-1403. Official absentee ballots, was read and adopted.

Section 34-1404. Envelopes for official absentee ballots, was read and adopted.
Section 34-1405. Duties of superintendent and board of registrars, was read.
The following Committee amendment was read and adopted:

758

JOURNAL OF THE HOUSE,

The Committee on Judiciary moves to amend SB 1 as follows:

By striking the second sentence of Subsection (b) of Section 34-1405 and inserting in lieu thereof the following sentence: "This list shall be prepared at least fourteen days prior to the primary or the election day involved and shall be promptly revised to reflect each change affecting the list."

Section 34-1405 was adopted as amended.

Section 34-1406. Voting by absentee electors, was read.

The following amendment was read:
Mr. Payton of Coweta moves to amend SB 1, Section 34-1406 (a) by adding a comma after the word postmaster in line four and adding the words "or mail carrier" and striking the words "while within the confines of the post office".
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 Alien Bagby Baughman Beck Blair Bowen, R. L. Brantley Brooks, Geo. B. Causby Coker, G., Dr. Coker, R. Deen, H. D. Dennard DeVane Dixon Plournoy Griffin Hall
Herndon

Johnson, A. S., Dr. Jones, M. Jordan, J. E. Keadle Keyton Knight, W. D. Leonard Lewis Lindsey Lowrey Matthews, D. R. McCracken Milford Milhollin Mixon Murphy Newton, D. L. Paris Partridge
Payton

Peterson Ponsell Pope Raulerson Reaves Roberts Russell Sewell Snow Stalnaker Steis Stuckey Todd Tucker, Ray M. Walker Wells, D. W. Wigging Williams, G. J. Wilson, Hoke

TUESDAY, JUNE 9, 1964

Those voting in the negative were Messrs.:

Arnsdorff Barber Bell Black Blalock, E. Bolton Bowen, A. Bowen, R. W. Brooks, Wilson Busbee Byrd Caldwell Carr Chandler Clark, J. T. Davis Duncan, A. C. Fowler, A. A., Jr. Fowler, J. W. Fulford Gibbons Harrell

Harrington Harris House Johnson, B. Jones, C. M. Jones, F. C. Jordan, W. H. Laite Lee, G. B. Lee, W. J., (Bill) Lee, Wm. S. Mackay Matthews, C. McClelland McKemie Morgan, J. H. Nessmith Newton, A. S. Odom Overby Parker Phillips

Those not voting were Messrs. :

Acree Anderson Andrews Ballard Bedgood Blalock, D. B. Bowen, R. P. Brackin Branch Brown Bynum Clarke, H. G. Conger Conner Cullens Dean, N. Dicus Dorminy Duncan, J. E. Echols Etheridge Fleming Floyd Flynt Funk Greene Groover Hale

Render son Hill H orton Houston Hull Hurst Isenberg Jones, D. C. Kelly Killian Kirkland Knight, D. W. Lambert Lane Logan Lokey McDonald Meeks Melton Mitchell Moate Moore Morgan, H. Mullis Pafford Perry Pickard Poole

759
Rainey Richardson Rodgers, H. B. Rogers, Jimmie Rowland Shea Simpson Sinclair Singer Smith, E. B., Jr. Smith, G. L., II Spikes Tabb Tucker, J. B. Twitty Vaughn Ware Warren Watts Wilkes
Poss Rhodes Roper Rutland Scarborough Shuman Simmons Smith, A. C., Jr. Smith, Chas. C. Smith, R. R. Smith, V. T. Story Strickland Teague Towson Tucker, M. K. Underwood, J. C. Underwood, R. R. Watson Wells, H. H. White Williams, W. M. Wilson, J. M. Woodward Hudgins Smith, G. T.

760

JOURNAL OF THE HOUSE,

On the adoption of the amendment, the ayes were 59, nays 64.

The amendment was lost.

Messrs. Bowen of Randolph and Abney of Walker offered amendments which were read and lost.

Section 34-1406. was adopted.

Section 34-1407. Keeping and depositing ballots, was read and adopted.

Section 34-1408. Ballots of deceased electors, was read and adopted.

Section 34-1409. Cancellation of ballots of electors present during primaries and elections, was read and adopted.

Section 34-1410. Postage; air mail, was read. The following Committee amendment was read and adopted:

The Committee on Judiciary moves to amend SB 1 as follows:
By striking the comma between the words "ballots" and "to" in the second line of Section 34-1410.

Section 34-1410 was adopted as amended.

Section 34-1411. Custody of records; disposition of unused ballots and enve lopes, was read.

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

Those voting in the affirmative were Messrs.:

Abney Alien Anderson

Bagby Ballard Barber

Baughman Beck Bell

Black Blair Blalock, D. B. Blalock, E. Bolton Bowen, A. Bowen, R. W. Brooks, Geo. B. Brooks, Wilson Byrd Caldwell Carr Chandler Coker, G., Dr. Coker, K. Dennard DeVane Dixon Duncan, A. C. Plournoy Fowler, A. A., Jr. Fowler, J. W. Fulford Gibbons Hall Harrell Harrington Harris Herndon House Johnson, A. S., Dr. Johnson, B. Jones, C. M. Jones, F. C.

TUESDAY, JUNE 9, 1964
Jones, M. Jordan, J. E. Jordan, W. H. Keadle Keyton Kirkland Knight, D. W. Knight, W. D. Laite Lee, W. J., (Bill) Leonard Lewis Lindsey Lokey Lowrey Mackay Matthews, C. Matthews, D. R. McClelland McKemie Milford Mitchell Mixon Morgan, J. H. Nessmith Newton, A. S. Newton, D. L. Paris Parker Partridge Peterson Phillips Ponsell Pope

761
Rainey Raulerson Reaves Richardson Roberts Rogers, Jimmie Roper Russell Sewell Shea Simpson Sinclair Singer Smith, E. B., Jr. Snow Steis Story Strickland Tabb Tucker, J. B. Tucker, Ray M. Twitty Underwood, R. R. Vaughn Walker Watts Wells, H. H. Wiggins Wilkes Williams, G. J. Wilson, Hoke Woodward

Voting in the negative was Mr. W. M. Williams.

Those not voting were Messrs.:

Acree Andrews Arnsdorff Bedgood Bowen, R. L. Bowen, R. P. Brackin Branch Brantley Brown Busbee Bynum

Causby Clark, J. T. Clarke, H. G. Conger Conner Cullens Davis Dean, N. Deen, H. D. Dicus Dorminy Duncan, J. E.

Echols Etheridge Fleming Floyd Flynt Funk Greene Griffin Groover Hale Henderson Hill

762
Horton Houston Hull Hurst Isenberg Jones, D. G, Kelly Killian Lambert Lane Lee, G. B. Lee, Wm. S. Logan McCracken McDonald Meeks Melton Milhollin Moate Moore

JOURNAL OF THE HOUSE,

Morgan, H. Mullis Murphy Odom Overby Pafford Payton Perry Pickard Poole Poss Rhodes Rodgers, H. B. Rowland Rutland Scarborough Shuman Simmons Smith, A. C., Jr. Smith, Chas. C.

Smith, G. L., II Smith, R. R. Smith, V. T. Spikes Stalnaker Stuckey Teague Todd Towson Tucker, M. K. Underwood, J. C. Ware Warren Watson Wells, D. W. White Wilson, J. M. Hudgins Smith, G. T.

On the adoption of Section 34-1411, the ayes were 109, nays 1.

Section 34-1411 was adopted.
Mr. Bolton of Spalding asked unanimous consent that the House reconsider its action in adoption Section 34-1407.
The consent was granted and the House has reconsidered.
Section 34-1407. Keeping and depositing ballots, was again taken up.
The following Committee amendment was read and adopted:
The Committee on Judiciary moves to amend SB 1 as follows: By striking subsection (d) from Section 34-1407.
Section 34-1407 was adopted as amended.
Mr. Bagby of Paulding moved that this House do now adjourn until 10:00 o'clock a.m. tomorrow morning and the motion prevailed.
The Speaker announced the House adjourned until 10:00 o'clock a.m. tomor row morning.

WEDNESDAY, JUNE 10, 1964

763

Representative Hall, Atlanta, Georgia Wednesday, June 10, 1964

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

Prayer was offered by Rev. Bob Moore, Pastor, Marietta Baptist Tabernacle, Marietta, Ga.

By unanimous consent the call of the roll was dispensed with.

Mr. Clarke of Monroe, Chairman of the Committee on Auditing, Enrolling, Engrossing and Journals reported that the Journal of the previous legislative day had been read and found to be correct.

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

The Journal was confirmed.

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. 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 of the House was read the first time and referred to the Committee:
HB 78. By Messrs. Towson and Knight of Laurens: A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Roads and Revenues for the County of Laurens, as

764

JOURNAL OF THE HOUSE,

amended, so as to change the method of selection of an accountant to conduct an audit of the books; and for other purposes.

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

HB 74. By Mr. Fowler of Douglas:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Douglasville in the County of Douglas, so as to extend the corporate limits of said city; and for other purposes.

HB 75. By Messrs. Jones and Pickard of Muscogee:
A Bill to be entitled an Act to amend the Charter of the City of Colum bus setting the compensation of the Commissioners; and for other pur poses.

HE 83-75. By Messrs. Clark and Tucker of Catoosa:
A Resolution proposing an amendment to the Constitution so as to repeal an amendment providing for a Board of Tax Administrators for Catoosa County and to abolish said Board effective December 31, 1964; and for other purposes.

HB 76. By Mr. Conner of Jeff Davis:
A Bill to be entitled an Act to amend an Act providing a new charter for the City of Hazlehurst, so as to authorize the City to close streets and alleys located within the City; and for other purposes.

HB 77. By Mr. Clarke of Monroe:
A Bill to be entitled an Act to amend an Act consolidating the various Acts incorporating the City of Forsyth, so as to authorize the use of voting machines in elections conducted within the city; and for other purposes.

HR 84-77. By Messrs. Melton and Bolton of Spalding:
A Resolution proposing an amendment to the Constitution so as to authorize the governing authority of Spalding County to issue general obligation bonds for the purpose of establishing educational facilities beyond the 12th grade and to levy taxes for the payment of such bonds; and for other purposes.

WEDNESDAY, JUNE 10, 1964

765

Mr. Hale of Dade County, Chairman of the Committee on Local Affairs, submitted the following report:

Mr. Speaker:

Your Committee on Local Affairs has had under consideration the following Bills and Resolutions of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HE 63-68. Do Pass. HR 72-69. Do Pass. HB 68. Do Pass. HB 70. Do Pass. HB 72. Do Pass.
Respectfully submitted, Hale of Dade, Chairman.

The following Bill of the House was taken up for the purpose of considering the Senate Substitute thereto:

HB 14. By Mr. Causby of Gordon:
A Bill to be entitled an Act to amend an Act placing the sheriff of Gordon County upon an annual salary, so as to provide for deputy sheriffs and their compensation, and for other purposes.

The following Senate substitute was read:
A BILL
To be entitled an Act to amend an Act placing the sheriff of Gordon County upon an annual salary, approved March 7, 1955 (Ga. Laws 1955, p. 3214), as amended by an Act approved February 14, 1958 (Ga. Laws 1958, p. 2121), and an Act approved March 7, 1961 (Ga. Laws 1961, p. 2279), so as to provide for deputy sheriffs and their compensation; to provide for automobiles, their maintenance and replacement; to pro vide for the payment of the necessary office expenses of the sheriff; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. An Act placing the sheriff of Gordon County upon an annual salary, approved March 7, 1955 (Ga. Laws 1955, p. 3214), as

766

JOURNAL OF THE HOUSE,

amended by an Act approved February 14, 1958 (Ga. Laws 1958, p. 2121), and an Act approved March 7, 1961 (Ga. Laws 1961, p. 2279), is hereby amended by adding at the end of Section 2 the following:

"The Sheriff of Gordon County, Georgia, shall also have the right and authority to appoint a maximum of one deputy for every 6,000 residents of the county, such population to be determined by the latest official United States census figures which are available, to serve during his term of office. The persons and numbers up to the maximum of deputy sheriff appointments shall be at the dis cretion of the Sheriff, and he shall determine the period of time for which each deputy sheriff shall serve during his term of office. Deputy sheriffs shall be compensated in an amount not less than $3,600.00 per annum nor more than $4,200.00 per annum, the exact amount to be determined by the Sheriff and the governing authority of Gordon County. At the discretion of the Sheriff and the govern ing authority of Gordon County, any deputy sheriff whose salary has reached the maximum of $4,200.00 per annum shall be eligible to receive three (3) increases of $100.00 per annum up to a final maximum of $4,500.00 per annum.",
so that when so amended Section 2 shall read as follows:
"Section 2. The Sheriff of Gordon County, Georgia, shall re ceive an annual salary of ($5,000.00) five thousand dollars per an num and shall in addition to said salary be paid a subsistence allowance of three dollars ($3.00) per diem, which said salary and said subsistence allowance shall be paid in equal monthly install ments. Said salary and subsistence allowance shall be in full pay ment of all fees and commissions or other emoluments that would otherwise accrue to him except for this Act. All such fees, commis sions and emoluments shall be collected by him and paid into the general funds of the county. Such compensation and subsistence allowance shall be all-inclusive and the sheriff shall receive no other compensation for any service he performs in any capacity or in any court; except such fees and compensations as provided in section 58-207 of the 1933 Code of Georgia as amended. The Sheriff of Gordon County, Georgia, shall also have the right and authority to appoint a maximum of one deputy for every 6,000 residents of the county, such population to be determined by the latest official United States census figures which are available, to serve during his term of office. The persons and numbers up to the maximum of deputy sheriff appointments shall be at the discretion of the Sheriff, and he shall determine the period of time for which each deputy sheriff shall serve during his term of office. Deputy sheriffs shall be compensated in an amount not less than $3,600.00 per annum nor more than $4,200.00 per annum, the exact amount to be deter mined by the Sheriff and the governing authority of Gordon Coun ty. At the discretion of the Sheriff and the governing authority of Gordon County, any deputy sheriff whose salary has reached the maximum of $4,200.00 per annum shall be eligible to receive three (3) increases of $100.00 per annum up to a final maximum of $4,500 per annum."

Section 2. Said Act is further amended by striking in its entirety

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767

Section 3 and substituting in lieu thereof a new Section 3 to read as follows:

"Section 3. The Sheriff of Gordon County shall be allowed two adequately equipped automobiles, to be replaced new every two years or 75,000 miles, whichever occurs first, unless an extension of the age or mileage is agreed to by the sheriff and the County Commissioner, for the exclusive use of his office and shall be fur nished with the necessary gasoline, oil and repairs of said auto mobiles, and shall also be furnished with the necessary uniforms for himself and his deputies, and upon the Sheriff submitting to the Commissioner of Roads and Revenues of Gordon County, Geor gia, requisitions for such items with certificate under oath at tached thereto stating that the items covered in the requisitions are necessary to the welfare and upkeep of the department, it shall be the duty of the Commissioner of Roads and Revenues to pay same out of the general funds of said county."

Section 3. Said Act is further amended by striking in its entirety Section 5 and substituting in lieu thereof a new Section 5 to read as follows:

"Section 5. The necessary expense of the office of the Sheriff, which shall include all premiums on bonds or insurance required of the Sheriff or his deputies, shall be paid out of the general funds of Gordon County upon the Sheriff submitting to the Commissioner of Roads and Revenues of Gordon County, Georgia, a requisition
for same with the certificate under oath attached thereto stating that the same is necessary for the welfare and upkeep of the Sheriff's office; and it shall be the duty of the Commissioner of Roads and Revenues of Gordon County, Georgia, to pay same out of the general funds of Gordon County."

Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.

Mr. Causby of Gordon moved that the House agree to the Senate substitute.

On the motion to agree, the ayes were 117, nays 0.

The House has agreed to the Senate substitute to HB 14.

The following Resolution of the House was read and adopted:

HR 87. By Messrs. Wiggins of Carroll and Fowler of Douglas and many, many others: A RESOLUTION
Commending Honorable J. Ebb Duncan; and for other purposes.

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JOURNAL OP THE HOUSE,

WHEREAS, Honorable J. Ebb Duncan, the distinguished member of the House of Representatives from Carroll County, has contributed sixteen years of selfless public service to the people of Georgia as a member of this body; and

WHEREAS, during his sixteen-year tenure, he has served as Chair man of the Motor Vehicles Committee and as Vice-Chairman of the University System of Georgia Committee, and he is presently the Chairman of the important Welfare Committee; and

WHEREAS, while Chairman of the Motor Vehicles Committee, he authored the Motor Vehicle Certificate of Title Act; and

WHEREAS, while serving on the University System of Georgia Committee, he was responsible for increasing the appropriations to the University System of Georgia; and

WHEREAS, he has always been interested in and has sponsored much worthwhile legislation relating to welfare matters.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend Honorable J. Ebb Duncan for contributing sixteen years of conscientious and dedi cated public service as a member of this body.

BE IT FURTHER RESOLVED that as a token of our esteem, the Clerk of the House of Representatives is hereby authorized and directed to forward an appropriate copy of this resolution to Honorable J. Ebb Duncan, Representative, Carroll County.

Under the Special and continuing order of unfinished business, SB 1 was again taken up.
Chapter 34-15. Returns of Primaries and Elections.
Section 34-1501. Office of superintendent to remain open during primaries and elections and until completion of count; reports and returns to be made public, was read and adopted.
Section 34-1502. Returns to be open to public inspection; exceptions, was read and adopted.
Section 34-1503. Place of meeting for computation of votes; notice; papers to be prepared; assistants to be sworn, was read and adopted.
Section 34-1504. Computation of returns by superintendent; certification; issuance of certificates of election, was read and adopted.

WEDNESDAY, JUNE 10, 1964

769

Section 34-1505. Manner of computing write-in votes, was read and adopted.

Section 34-1506. Copy of certified returns to be filed; primary returns; re turns forwarded to Secretary of State, was read and adopted.
Section 34-1507. Secretary of State to tabulate, compute and canvass certain returns, was read and adopted.
Section 34-1508. Returns of county and militia district officers commissioned by Governor to be transmitted to Governor; commissioner; contests, was read and adopted.
Section 34-1509. Certification of results of referendum elections, was read and adopted.
Section 34-1510. United States Senators; Representatives in Congress; cer tificates of election; returns, was read and adopted.

Section 34-1511. Members of General Assembly; certificates of election; re turns, was read and adopted.
Section 34-1512. Governor and other State officers; certificates of election; commissions, was read and adopted.

Section 34-1513. Presidential electors; certificates of persons elected, was read and adopted.

Section 34-1514. Majority vote required to nominate or elect; exception; runoff primary or election, was read.

The following Committee amendments were read and adopted:
The Committee on Judiciary moves to amend SB 1 as follows:
37. By striking the period at the end of the second sentence of Section 34-1514 and inserting in lieu thereof the words ", unless such runoff date is postponed by court order."
38. By striking the last sentence contained in Section 34-1514.

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Section 34-1514 was adopted as amended.

Section 34-1515. Delivery of ballots and other documents to clerk of superior court, was read.

The following Committee amendment was read and adopted: The Committee on Judiciary moves to amend SB 1 as follows: 39. By striking the figure "1515" in the last Section of Chap ter 34-15 and inserting in lieu thereof the figure "1516".
Section 34-1516 was adopted as amended.
The following Committee amendment was read and adopted adding a new Section 34-1515.

The Committee on Judiciary moves to amend SB 1 as follows:
40. By inserting a new section between Sections 34-1514 and 34-1516 to read as follows:
"Section 34-1515. Special election on failure to nominate or elect or on death or withdrawal of officer elect.--Whenever any primary or election shall fail to fill a particular nomination or office and such failure cannot be cured by a runoff primary or election, or whenever any person elected to public office shall die or withdraw prior to taking office, then the authority, with whom the candidates for such nomination or office filed their notice of candidacy, shall thereupon call a special primary or election to fill such position."
Section 34-1515 was adopted as amended.
Chapter 34-16. Electoral college.
Section 34-1601. Election of presidential electors, was read and adopted.
Section 34-1602. Meeting of presidential electors; duties, was read and adopted.

WEDNESDAY, JUNE 10, 1964

771

Section 34-1603. Filling of vacancies existing in presidential electors, was read and adopted.

Section 34-1604. Compensation of presidential electors; expenses of electoral college, was read and adopted.

Chapter 34-17. Contested primaries and elections.

Section 34-1701. Definitions, was read and adopted.

Section 34-1702. Contest authorized; contestant, was read and adopted.

Section 34-1703. Grounds for contest, was read and adopted.

Section 34-1704. Superior court of county of defendant's residence to have jurisdiction; presiding judge, was read.

The following Committee amendments were read and adopted:
The Committee on judiciary moves to amend SB 1 as follows:
41. By striking the second sentence of Subsection (b) of Section 34-1704.
42. By striking the period at the end of the first sentence of Subsection (c) of Section 34-1704 and inserting in lieu thereof the words "; and if such judge is disqualified or unable to serve, the clerk shall immediately notify the Governor of such fact and he shall thereupon appoint a disinterested judge of superior court, residing outside of the judicial circuit in which the contest is pend ing, to serve in the place of such senior judge."
Section 34-1704 was adopted as amended.
Section 34-1705. Petition; contents; verification; filing; notice; special proc ess; answer; counterclaim; amendment, was read.
The following Committee amendment was read and adopted:
The Committee on Judiciary moves to amend SB 1 as follows:

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JOURNAL OP THE HOUSE,

43. By striking the word "counterclaim" from the title of Sec tion 34-1705 and inserting in lieu thereof the words "cross action".

The following amendment was read and adopted:
Smith of Grady, Bolton of Spalding, Busbee of Dougherty, Bell of Richmond moves to amend SB 1 as follows:
By adding at the end of the first sentence of Subsection (b) of Code Section 34-1705 the following: ", other than an allegation that at least one-third as many votes were cast for the contestant's position on the question in dispute as were cast for the contested result of the election.", so that when so amended the first sentence of said subsection shall read as follows:
"(b) When an error in the counting of votes is alleged as a ground of contest, it is sufficient for the contestant to state gen erally that he believes that error was committed in the counting of the votes cast for the filling of the nomination or office in dis pute, or for or against the question in dispute, in one or more specified election districts, and it shall not be necessary for the contestant to offer evidence to substantiate such allegation, other than an allegation that at least one-third as many votes were cast for the contestant's position on the question in dispute as were cast for the contested result of the election."

Section 34-1705 was adopted as amended.

Section 34-1706. Hearing; powers of court, was read and adopted.

Section 34-1707. Jury Trial, was read.

The following Committee amendments were read and adopted:
The Committee on Judiciary moves to amend SB 1 as follows:
44. By striking the words "any case where the office or issue con tested shall depend for its result upon the vote in only one" from the first sentence of Subsection (c) of Section 34-1707 and inserting in lieu thereof the words "a case contesting the result of a primary or election held within a single".
45. By striking the word "cases" wherever it appears in the second and third sentences of Subsection (c) of Section 34-1707 and inserting in lieu thereof the words "a case".

WEDNESDAY, JUNE 10, 1964

773

The following amendment was read and adopted:

Mr. Murphy of Haralson moves to amend SB 1 Section 34-1707 subsection (a) as follows: "By striking the word "shall" from the first sentence and inserting in lieu thereof the word "may". By striking from the first sentence the word "claim" and inserting in lieu thereof the word "demand". By adding after the words "a trial by jury" in the first sentence the words "at any time prior to the call of the case". By strik ing the word "the" appearing in the phrase "under the laws of this State" and inserting in lieu thereof the word "other"."

Section 34-1707 was adopted as amended.

Section 34-1708. Judgment; nomination, election or eligibility declared invalid; second primary or election, was read and adopted.

Section 34-1709. Appellate review, was read and adopted.

The following Committee amendment adding a new Section 34-1710 was read and adopted;
The Committee on Judiciary moves to amend SB 1 as follows:
46. By adding a new section at the end of Chapter 34-17 to read as follows:
"Section 34-1710. Costs; liability for. - The contestant and the defendant shall be liable to the officers and witnesses for the costs made by them, respectively. If the result of the primary or elec tion be confirmed, or the petition dismissed, or the prosecution fail, judgment shall be rendered against the contestant for costs; and if the judgment be against the defendant, or the result of the primary or election be set aside, he shall pay the costs at the discretion of the court. After entry of judgment, the costs may be collected by attachment or otherwise."

Section 34-1710 was adopted as amended.
The following amendment adding a new Chapter 34-18. Congressional Dis tricts, was read and adopted:
Mr. Bolton of Spalding moves to amend SB 1 by adding a new Chapter to be known as Chapter 34-18. Congressional Districts as fol lows:

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JOURNAL OF THE HOUSE,

Chapter 34-18. Congressional Districts.

Section 34-1801. Congressional district.
"34-1801. Congressional districts. - The State is hereby divided into 10 congressional districts, each of said districts being entitled to elect one Representative to the Congress of the United States. The districts shall be composed of the following counties, or portions thereof, respectively:
"FIRST DISTRICT: Bryan, Bulloch, Burke, Candler, Chatham, Effingham, Emanuel, Evans, Jenkins, Johnson, Laurens, Liberty, Long, Mclntosh, Montgomery, Screven, Tattnall, Toombs, Treutlen and Wheeler.
"SECOND DISTRICT: Baker, Brooks, Calhoun, Clay, Colquitt, Crisp, Decatur, Dougherty, Early, Grady, Miller, Mitchell, Quitman, Randolph, Seminole, Terrell, Thomas, Tift, Turner and Worth.
"THIRD DISTRICT: Chattahoochee, Crawford, Dooly, Harris, Houston, Lee, Macon, Marion, Muscogee, Peach, Pulaski, Schley, Stewart, Sumter, Talbot, Taylor, Twiggs, Webster and Wilkinson.
"FOURTH DISTRICT: DeKalb County, plus Rockdale County and that part of Fulton County described as follows:
"(a) The present 36th senatorial district, as the same is con stituted and described in Code Section 47-102, relating to senatorial districts, as amended, particularly by an Act approved October 5, 1962 (Ga. Laws 1962, Sept.-Oct., Ex. Sess, p. 7); and
"(b) All of that part of the 35th senatorial district, as the same is constituted and described in Code Section 47-102, relating to senatorial districts, as amended, particularly by an Act approved October 5, 1962 (Ga. Laws 1962, Sept.-Oct., Ex. Sess. p. 7), lying Easterly of Capitol Avenue and Southeasterly of Butler Street and South of the Georgia Railway; and
" (c) All of that part of the 37th senatorial district, as the same in constituted and described in Code Section 47-102, relating to senatorial districts, as amended, particularly by an Act approved October 5, 1962 (Ga. Laws 1962, Sept.-Oct., Ex. Sess. p. 7), which is described as follows:
"Beginning at the intersection of Butler Street and its point of intersection with the line dividing the 36th and 37th senatorial districts, as the same are constituted and described in Code Section 47-102, relating to senatorial districts, as amended, particularly by an Act approved October 5, 1962 (Ga. Laws 1962, Sept.-Oct., Ex. Sess. p. 7), thence along the center of Butler Street Northeasterly to its intersection with Edgewood Avenue; thence Northerly along the center of Butler Street to the intersection of Forest Avenue;

WEDNESDAY, JUNE 10, 1964

775

thence Easterly down the center line of Forest Avenue to its inter section with Bedford Place; thence Northerly along the center line of Bedford Place to its intersection with Ponce de Leon Avenue; thence continuing Northerly across Ponce de Leon, Northerly down the center line of Argonne Avenue to a point where Argonne Avenue intersects with Tenth Street; thence Easterly along the center line of Tenth Street to the center of the right-of-way of the Southern Railway; thence Northerly, Northwesterly and Northeasterly along the Western boundary line of the 37th senatorial district to its in tersection with the line dividing Fulton and DeKalb Counties; thence South along the East boundary line of the 37th senatorial district to the South boundary line of the 37th senatorial district dividing the 36th and the 37th senatorial districts; thence Westerly along the Southern line of the 37th senatorial district to the point of beginning.

"FIFTH DISTRICT: Fulton, with the exception of the terri tory of Fulton County embraced within the Fourth District as set forth hereinabove.

"SIXTH DISTRICT: Bibb, Butts, Carroll, Clayton, Coweta, Fayette, Heard, Henry, Jones, Lamar, Meriwether, Monroe, Pipe, Spalding, Troup and Upson.

"SEVENTH DISTRICT: Bartow, Catoosa, Chattooga, Cobb, Dade, Douglas, Floyd, Gordon, Haralson, Murray, Paulding, Polk, Walker and Whitfield.

"EIGHTH DISTRICT: Appling, Atkinson, Bacon, Ben Hill, Berrien, Bleckley, Brantley, Camden, Charlton, Clinch, Coffee, Cook, Dodge, Echols, Glynn, Irwin, Jeff Davis, Lanier, Lowndes, Pierce, Telfair, Ware, Wayne and Wilcox.

"NINTH DISTRICT: Banks, Barrow, Cherokee, Dawson, Elbert, Fannin, Forsyth, Franklin, Gilmer, Gwinnett, Habersham, Hall, Hart, Jackson, Lumpkin, Madison, Pickens, Rabun, Stephens, Towns, Union and White.

"TENTH DISTRICT: Baldwin, Clarke, Columbia, Glascock, Greene, Hancock, Jasper, Jefferson, Lincoln, McDuffie, Morgan, Newton, Oconee, Oglethorpe, Putnam, Richmond, Taliaferro, Walton, Warren, Washington and Wilkes."

Chapter 34-18 was adopted as amended.

Chapter 34-19. Penalties. Section 34-1901. False statements, was read and adopted. Section 34-1902. False registration, was read and adopted.

776

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Section 34-1903. Refusal to permit inspection of papers; destruction or re moval; Secretary of State, was read and adopted.

Section 34-1904. Refusal to permit inspection of papers; destruction or re moval; ordinaries, was read and adopted.

Section 34-1905. Insertion and alteration of entries in documents; removal; refusal to deliver, was read.

The following Committee amendment was read and adopted:
The Committee on Judiciary moves to amend SB 1 as follows:
47. By striking the word "ballot" wherever it appears in Section 34-1905 and inserting in lieu thereof the words "ballot, ballot card".

Section 34-1905 was adopted as amended.

Section 34-1906. Interfering with poll officers, was read and adopted.

Section 34-1907. Refusal to administer oath; acting without being sworn, was read and adopted.
Section 34-1908. Nomination petitions; offenses by signers, was read and adopted.
Section 34-1909. False signatures and statements in nomination petitions, was read and adopted.
Section 34-1910. Nomination petitions; certificates and papers; destruction: fraudulent filing; suppression, was read and adopted.
Section 34-1911. Offenses by printers of ballots, was read.
The following Committee amendment was read and adopted: The Committee on Judiciary moves to amend SB 1 as follows: By striking the word "ballots" wherever it appears in Section 34-
1911, and inserting in lieu thereof the words "ballots or ballot cards".

WEDNESDAY, JUNE 10, 1964

777

Section 34-1911 was adopted as amended.

Section 34-1912. Unlawful possession of ballots, was read.

The following Committee amendments were read and adopted:
The Committee on Judiciary moves to amend SB 1 as follows:
By striking the word "ballots" wherever it appears in Section 341912 and inserting in lieu thereof the words "ballots or ballot cards".
By striking the word "ballot" wherever it appears in Section 34-1912 and inserting in lieu thereof the words "ballot or ballot card".

Section 34-1912 was adopted as amended.

Section 34-1913. Counterfeit and facsimile ballots, was read.

The following Committee amendments were read and adopted:
The Committee on Judiciary moves to amend SB 1 as follows:
By striking the word "ballots" wherever it appears in the title of Section 34-1913, and inserting in lieu thereof the words "ballots or ballot cards".
By striking the word "ballot" in the first sentence of Section 341913, and inserting in lieu thereof the words "ballot or ballot cards".

Section 34-1913 was adopted as amended.

Section 34-1914. Destroying or delaying delivery of ballots, was read.

The following Committee amendments were read and adopted:
The Committee on Judiciary moves to amend SB 1 as follows: By striking the word "ballots" wherever it appears in Section 341914, and inserting in lieu thereof the words "ballots or ballot cards".

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JOURNAL OF THE HOUSE,

By striking the word "ballot" wherever it appears in Section 341914 and inserting in lieu thereof the words "ballot or ballot cards".

Section 34-1914 was adopted as amended.

Section 34-1915. Tampering with voting machines, was read and adopted.

Section 34-1916. Unauthorized possession of voting machine key, was read and adopted.

Section 34-1917. Tampering with vote recorders or tabulating machines was read and adopted.

Section 34-1918. Destroying, defacing or removing notices, et cetera, was read and adopted.

Section 34-1919. Law enforcement officer; failure to quell disturbances at polls; hindering or delaying poll officers and others, was read.

The following amendment was read and adopted:
Mr. Barber of Jackson moves to amend SB 1 as follows:
By inserting the word "wilfully" before the word "neglects" in line one of subparagraph (a) of Section 34-1919 and by inserting the word "wilfully" before the word "neglects" in line one of subparagraph (b) of Section 34-1919.
Section 34-1919 was adopted as amended.
Section 34-1920. Poll officers permitting unregistered persons to vote; chal lenges; refusing to permit qualified electors to vote; permitting unauthorized assistance of elector, was read.
The following Committee amendments were read and adopted:
The Committee on Judiciary moves to amend SB 1 as follows:
50. By striking the following "challenges", from the title of Section 34-1920.

WEDNESDAY, JUNE 10, 1964

779

51. By striking Subsection (c) of Section 34-1920; and by redesignating Subsections (d) and (e) of such Section as (c) and (d), respectively.

The following amendment was read and adopted:
Mr. Barber of Jackson moves to amend SB 1 as follows:
By inserting the word "wilfully and" before the word "knowingly" in line one of subparagraph (a), Section 34-1920 and, by inserting the word "wilfully" as the first word in subparagraph (b), (c) (d) and (e) of Section 34-1920.

Section 34-1920 was adopted as amended.

Section 34-1921. Frauds by poll officers, was read.

The following Committee amendment was read and adopted: The Committee on Judiciary moves to amend SB 1 as follows: By striking the word "ballots" wherever it appears in Section 34-
1921 and by inserting in lieu thereof the words "ballots or ballot cards".
Section 34-1921 was adopted as amended.
Section 34-1922. Omission by poll officers, was read and adopted.
Section 34-1923. Prying into ballots and ballot cards, was read and adopted.
Section 34-1924. Interference with primaries and elections, was read.
The following amendment was read and adopted: Mr. Barber of Jackson moves to amend SB 1 as follows: By inserting the word "wilfully" as the first word in subparagraphs
(a) (c) (e) and (h) of Section 34-1924.
Section 34-1924 was adopted as amended.

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JOURNAL OF THE HOUSE,

Section 34-1925. Receiving unlawful assistance in voting, was read and adopt ed.

Section 34-1926. Giving unlawful assistance in voting, was read and adopted.

Section 34-1927. Poll officers permitting unlawful assistance, was read and adopted.

Section 34-1928. Failure to keep and return record of assisted voters, was read.

The following amendment was read and adopted:
Mr. Barber of Jackson moves to amend SB 1 as follows:
By inserting the word "wilfully" after the word "who" in line one of Section 34-1928.

Section 34-1928 was adopted as amended.

Section 34-1929. Unlawful voting, was read and adopted.

Section 34-1930. Repeat voting at primaries and elections, was read and adopted.

Section 34-1931. Removing ballots, was read and adopted.

Section 34-1932. Unlawful absentee voting, was read and adopted. Section 34-1933. Buying or selling votes, was read and adopted. Section 34-1934. Intimidation of electors, was read. Mr. Smith of Habersham offered an amendment which was lost. Section 34-1934 was adopted without an amendment.

WEDNESDAY, JUNE 10, 1964

781

Section 34-1935. Failure to perform duty, was read and adopted.

Section 34-1936. Hindering or delaying performance of duty, was read and adopted.

Section 34-1937. Possessing memorandum in polling place, was read.

The following amendment was read:
Mr. Brooks of Fulton moves to amend SB 1 by striking Section 341937 in its entirety and renumbering the sections accordingly.

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

Those voting in the affirmative were Messrs.:

Barber Baughman Bedgood Bell Black Blair Blalock, D. B. Blalock, E. Bolton Bowen, R. W. Brackin Brooks, Wilson Brown Bynum Byrd Causby Chandler Clark, J. T. Coker, G., Dr. Coker, K. Cullens Dean, N. Dennard Dicus Duncan, A. C. Duncan, J. E. Echols Etheridge Flynt Fowler, A. A., Jr. Fulford

Funk Gibbons Greene Groover Hale Hall Harris Henderson Herndon House Houston Hurst Isenberg Johnson, A. S., Dr. Jones, C. M. Jordan, W. H. Keyton Kirkland Knight, W. D. Laite Lee, W. J. (Bill) Lindsey Logan Lokey Mackay Matthews, C. Melton Milford Milhollin Moate Moore

Morgan, J. H. Newton, A. S. Pafford Perry Phillips Pickard Ponsell Pope Poss Rainey Reaves Richardson Roberts Rogers, Jimmie Roper Rowland Russell Shea Simmons Simpson Sinclair Singer Spikes Stalnaker Steis Story Strickland Teague Vaughn Walker Ware

782
Warren Watson Watts

JOURNAL OF THE HOUSE,

Wells, H. H. White Wiggins

Wilson, J. M. Hudgins

Those voting in the negative were Messrs.:

Abney Beck Bowen, A. Brantley Clarke, H. G. Been, H. D. DeVane Dixon Dorminy Harrell Jones, F. C. Jones, M. Jordan, J. E. Knight, D. W. Lee, G. B. Lee, Wm. S.

Lewis Lowrey Matthews, D. R. McClelland McKemie Mixon Morgan, H. Murphy Nessmith
Newton Overby Paris Partridge Peterson Poole Raulerson

Rhodes Sewell Smith, E. B., Jr. Smith, G. L. II Smith, R. R. Smith, V. T. Tabb Todd Tucker, Ray M. Underwood, J. C. Wells, D. W. Williams, G. J. Williams, W. M. Wilson, Hoke Woodward

Those not voting were Messrs.:

Acree Alien Anderson
Andrews Arnsdorff
Bagby Ballard Bowen, R. L. Bowen, R. P. Branch Brooks, Geo. B. Busbee Caldwell Carr Conger Conner Davis Fleming Flournoy

Floyd Fowler, J. W. Griffin Harrington Hill Horton Hull Johnson, B.
Jones, D. C. Keadle Kelly Killian Lambert Lane Leonard McCracken McDonald Meeks Mitchell

Mullis Odom Parker Payton Rodgers, H. B. Rutland Scarborough Shuman Smith, A. C., Jr. Smith, Chas. C. Snow Stuckey Towson Tucker, J. B. Tucker, M. K. Twitty
Underwood, R. R. Wilkes
Smith, G. T.

On the adoption of the amendment the ayes were 101 nays 47.

Mr. McClelland of Fulton stated that he voted under a misapprehension and would like to be recorded as voting "aye".

WEDNESDAY, JUNE 10, 1964

783

The amendment to strike Section 34-1937 was adopted.

The following amendment adding a new Section 34-1937 was read:
Strickland of Evans, and Wiggins of Carroll move to amend Com mittee Substitute to SB 1 as follows:
By adding to Section 1 a new Section to be numbered Section 34-1937 to read as follows:
"Section 34-1937. Sale of Alcoholic Beverages on Primary or General Election Days Prohibited. Any person who shall sell or offer for sale any alcoholic beverages on primary or general election days shall be guilty of a misdemeanor,";
By renumbering Sections 34-1938, 34-1939, and 34-1940 as Sections 34-1939, 34-1940, and 34-1941, respectively; and
By adding at the end of Section 34-2001 a new Sub-paragraph to be known as Sub-paragraph (eu) to read as follows:
"(eu) So much of Section 14 and 28 of an Act approved Feb ruary 3, 1938 (Ga. Laws 1937-28, Ex. Sess., p. 103), as amended, as relates to the sale of liquor on election days."

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

Those voting in the affirmative were Messrs.:

Anderson Arnsdorff Barber Bell Blalock, D. B.
Bolton Bowen, R. W. Brooks, Wilson Bynum Byrd Coker, G., Dr. Davis Dorminy Duncan, A. C. Duncan, J. E.
Echols Flournoy Flynt Fowler, A. A., Jr.

Fowler, J. W. Greene Hall Harris Henderson
Johnson, A. S., Jr. Johnson, B. Jordan, W. H. Keyton Killian Kirkland Knight, D. W. Laite Lane Lee, G. B.
Lee, W. J. (Bill) Lindsey Lokey Mackay

Matthews, D. R. Milford Milhollin Mitchell Mixon
Moore Morgan, J. H. Murphy Nessmith Newton, D. L. Overby Pafford Paris Peterson Poole
Pope Rainey Roberts Rogers, Jimmie

784
Roper Simmons Smith, A. C., Jr. Smith, R. R. Smith, V. T. Snow Spikes Steis

JOURNAL OF THE HOUSE,

Story Strickland Tabb Todd Towson Underwood, J. C. Vaughn Ware

Watts Wells, H. H. White Wiggins Williams, G. J. Wilson, J. M. Woodward

Those voting in the negative were Messrs.

Baughman Beck Bedgood Black Blair Bowen, A. Bo wen, R. L. Brackin Busbee Causby Chandler Clark, J. T. Coker, R. Conger Cullens Dean, N. Deen, H. D. Dicus Dixon Etheridge Funk Gibbons Griffin Groover

House Isenberg Jones. C. M. Jones, F. C. Jones, M. Lambert Lee, Wm. S. Lewis Logan Matthews, C. McClelland McCracken McKemie Meeks Moate Morgan, H. Newton, A. S. Odom Parker Partridge Payton Perry Phillips Pickard

Ponsell Poss Raulerson Reaves Richardson Rowland Russell Scarborough Sewell Shea Simpson Sinclair Smith, E. B., Jr. Smith, G. L. II Tucker, J. B. Tucker, Ray M. Underwood, R. R. Walker Warren Watson Williams, W. M. Wilson, Hoke Hudgins

Those not voting were Messrs.:

Abney Aeree Alien Andrews Bagby Ballard Blalock, E. Bowen, R. P. Branch Brantley Brooks, Geo. B. Brown Caldwell Carr Clarke, H. G.

Conner Dennard DeVane Fleming Floyd Fulford Hale Harrell Harrington Herndon Hill Horton Houston Hull Hurst

Jones, D. C. Jordan, J. E. Keadle Kelly Knight, W. D. Leonard Lowrey McDonald Melton Mullis Rodgers, H. B. Rutland Shuman Singer Smith, Chas. C.

Stalnaker Stuckey Teague

WEDNESDAY, JUNE 10, 1964

785

Tucker, M. K. Twitty Wells, D. W.

Wilkes Smith, G. T.

On the adoption of the amendment, the ayes were 80, nays 72.

The amendment was adopted.

Section 34-1937 was adopted as amended.

Mr. Wiggins of Can-oil moved that the House reconsider its action in adopt ing the amendment by Messrs. Strickland of Evans and Wiggins of Carroll.

On the motion to reconsider, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Abney Barber Beck Black Blair Blalock, D. B. Blalock, E. Bolton Bowen, A. Bowen, R. L. Bowen, R. W. Brackin Brooks, Wilson Busbee Byrd Chandler Coker, R. Conger Cullens Davis Dennard Dorminy Duncan, J. E. Echols Etheridge Plournoy Fowler, A. A. Jr. Fowler, J. W.

Funk Greene Griffin Groover Hall Henderson House Hurst Isenberg Johnson, A. S. Dr. Jones, F. C. Keyton Killian Kirkland Knight, W. D. Lane Lee, G. B. Lee, W. J. (Bill) Lee, Wm. S. Lindsey Logan Lokey Matthews, D. R. McClelland McKemie Meeks Milford Milhollin

Moate Morgan, H. Morgan, J. H. Newton, A. S. Newton, D. L. Overby Pafford Paris Partridge Payton Perry Ponsell Poole Pope Poss Rainey Raulerson Richardson Rogers, Jimmie Rowland Sewell Simmons Simpson Sinclair Smith, A. C., Jr. Smith, E. B., Jr. Smith, R. R. Snow

786
Spikes Steis Story Strickland Tabb Teague Todd Towson

JOURNAL OP THE HOUSE,

Tucker, Ray M. Underwood, R. R. Vaughn Ware Warren Watson Watts Wells, H. H.

White Wiggins Wilkes Williams, G. J. Williams, W. M. Woodward Hudgins

Those voting in the negative were Messrs.:

Ballard Bynum Causby Clark, J. T . Coker, G., Dr. Dean, N. Dicus Dixon Duncan, A. C. Flynt Gibbons Harris Johnson, B. Jones, M.

Jordan, W. H. Knight, D. W. Laite Lambert
Lewis Mackay Matthews, C. McCracken Mitchell Mixon
Moore Parker Peterson Phillips

Pickard Rhodes Roberts
Roper Russell Scarborough
Shea Smith, G. L. II Smith, V. T. Tucker, J. B. Walker Wilson, J. M.

Those not voting were Messrs.:

Acree Alien Anderson Andrews Arnsdorff Bagby Baughman Bedgood Bell Bowen, R. P. Branch Brantley Brooks, Geo. B. Brown Caldwell
Carr Clarke, H. G. Conner Deen, H. D. DeVane

Fleming Floyd Fulford Hale Harrell Harrington Herndon Hill Horton Houston
Hull Jones, C. M. Jones, D. C. Jordan, J. E. Keadle Kelly Leonard Lowrey
McDonald Melton

Mullis Murphy Nessmith Odom Reaves Rodgers, H. B. Rutland Shuman Singer Smith, Chas. C. Stalnaker Stuckey Tucker, M. K. Twitty Underwood, J. C. Wells, D. W. Wilson, Hoke Smith, G. T.

On the motion to reconsider, the ayes were 107, nays 40.

The motion prevailed and the House has reconsidered.

WEDNESDAY, JUNE 10, 1964

787

Section 34-1937. The following amendment was read adding a new Section 34-1937:
Mr. Milhollin of Coffee moves to amend SB 1 as follows: By adding to Section 1 a new section to be numbered Section 34-1937 as follows:

"Section 34-1937. Sale of Alcoholic Beverages on Primary or Election Days Prohibited. Any person who shall sell or buy or offer for sale any alcoholic beverages on primary or election days shall be guilty of a misdemeanor."

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 Anderson
Arnsdorff Barber Baughman Beck Bell Black
Blalock, D. B. Blalock, E. Bolton Bowen, R. W.
Brooks, Wilson Bynum Byrd Chandler Clarke, H. G. Coker, R. Cullens Davis Dean, N. DeVane Dixon Dorminy Duncan, A. C. Duncan, J. E. Echols Plournoy Fowler, A. A. Jr. Fowler, J. W. Funk Greene Hall Harrington
Harris Henderson Johnson, A. S., Dr.

Johnson, B. Jones, F. C. Jordan, J. E. Jordan, W. H. Keadle Killian Kirkland Knight, D. W. Knight, W. D.
Laite Lane
Lee, G. B. Lee, W. J. (Bill) Lokey Lowrey Mackay Matthews, D. R. McClelland McKemie Melton Milford Milhollin Mitchell
Mixon Moate Moore Morgan, H. Morgan, J. H. Murphy Nessmith Newton, A. S. Newton, D. L. Overby Pafford Paris Parker Partridge

Peterson Ponsell Pope Rainey Raulerson Roberts Rogers, Jimmie
Roper Rowland Simmons Sinclair Smith, A. C., Jr. Smith, E. B., Jr. Smith, R. R. Smith, V. T. Snow Spikes Story Strickland Tabb
league Todd Towson Tucker, Ray M. Underwood, J. C. Vaughn Ware Watson Watts Wells, D. W. White Wiggins Wilkes
Williams, G. J. Williams, W. M. Woodward Hudgins

788

JOURNAL OF THE HOUSE,

Those voting in the negative were Messrs.:

Blair Bowen, R. L. Brackin Busbee Clark, J. T. Coker, G., Dr. Dennard Dicus Etheridge Fleming Flynt Gibbons Griffin Groover House Hull

Isenberg Jones, M. Keyton Lambert Lee, Wm. S. Lewis Lindsey Logan Matthews, C. McCracken Meeks Odom Payton Perry Phillips Pickard

Poole Rhodes Richardson Russell Scarborough Sewell Shea Simpson Smith, G. L. II Steis Tucker, J. B. Underwood, R. R. Walker Warren Wilson, Hoke

Those not voting were Messrs.:

Acree Alien Andrews Bagby Ballard Bedgood Bowen, A. Bowen, R. P. Branch Brantley Brooks, Geo. B. Brown Caldwell Carr Causby Conger

Conner Deen, H. D. Floyd Fulford Hale Harrell Herndon Hill Horton Houston Hurst Jones, C. M. Jones, D. C. Kelly Leonard McDonald

Mullis Poss Reaves Rodgers, H. B. Rutland Shuman Singer Smith, Chas. C. Stalnaker Stuckey Tucker, M. K. Twitty Wells, H. H. Wilson, J. M. Smith, G. T.

On the adoption of the amendment, the ayes were 111, nays 47.

The amendment was adopted.
Messrs. Stalnaker of Houston and Wells of Oconee stated that they would like to he recorded as voting "Aye".
Mr. Steis of Harris explains his vote on the amendment prohibiting sale of alcoholic beverages on election days and submits the following explanation to-wit:
By placing this matter in this Bill the House has made the code

WEDNESDAY, JUNE 10, 1964

789

i

section, if enacted, an unconstitutional law, thereby wasting the hours

I

at State expense used in consideration of the election law revision.

The following statement was received from Rep. William Blair of Sumter County:
Mr. Speaker:
I wish to explain my vote on the Gentlemen from Coffee's amendment to Section 34-1937 of SB 1 as follows:
I voted against the gentlemen's motion because I believe that the sale of alcoholic beverages should be prohibited only during hours of elections.

Mr. Smith of Emanuel moved that the House reconsider its action in adopting the amendment striking the original Section 34-1937. Possessing memorandum in polling place.

On the motion to reconsider, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Alien Anderson Arnsdorff Beck Blair Blalock, D. B. Blalock, E. Bowen, A.
Bowen, R. L. Bowen, R. W. Brackin
Busbee Byrd Caldwell Chandler Coker, G., Dr. Coker, R. Conger
Davis Deen, H. D. Dennard DeVane Dorminy Duncan, A. C.

Duncan, J. E. Flournoy Ployd Flynt Fowler, J. W. Funk Gibbons Griffin Groover
Hall Harrington Henderson
Hill Hull Johnson, A. S. Dr. Jones, F. C. Jones, M. Jordan, J. E. Kirkland
Knight, D. W. Laite Lane Lee, G. B. Lee, W. J. (Bill) Lee, Wm. S.

Lewis Lindsey Logan Lowrey Matthews, D. R. McCracken McKemie Meeks Milhollin
Mixon Morgan, H. Morgan, J. H.
Murphy Nessmith Newton, A. S. Newton, D. L. Overby Pafford Paris
Parker Partridge Payton Peterson Phillips Ponsell

790
Poole Poss Rainey Raulerson Rhodes Richardson Rodgers, H. B. Rogers, Jimmie Rowland Russell Sewell Shea Simpson

JOURNAL OF THE HOUSE,

Sinclair Smith, A. C., Jr. Smith, E. B., Jr. Smith, G. L. II Smith, R. R. Smith, V. T. Stalnaker Story Tabb Todd Tucker, Ray M. Underwood, J. C. Underwood, R. R.

Vaughn Walker Warren Wells, D. W. Wells, H. H. Wiggins Wilkes Williams, G. J. Williams, W. M. Wilson, Hoke Woodward Hudgins

Those voting in the negative were Messrs.:

Barber Bell Brooks, Wilson Bynum Causby Cullens Dean, N. Etheridge Fowler, A. A. Jr. Greene Hale

Harris House Houston Jordan, W. H. Keadle Killian Knight, W. D. Lambert Lokey Mackay Matthews, C.

McClelland Melton Milford Mitchell Moate Roberts Roper Simmons Watson White Wilson, J. M.

Those not voting were Messrs.:

Acree Andrews Bagby Ballard Baughman Bedgood Black Bolton Bowen, R. P. Branch Brantley Brooks, Geo. B. Brown Carr Clark, J. T. Clarke, H. G. Conner Dicus Dixon Echols

Fleming Fulford Harrell Herndon Horton Hurst Isenberg Johnson, B. Jones, C. M. Jones, D. C. Kelly Keyton Leonard McDonald Moore Mullis Odom Perry Pickard Pope

Reaves Rutland Scarborough Shuman Singer Smith, Chas. C. Snow Spikes Steis Strickland Stuckey Teague Towson Tucker, J. B. Tucker, M. K. Twitty Ware Watts Smith, G. T.

On the motion to reconsider, the ayes were 113, nays 33.

WEDNESDAY, JUNE 10, 1964

791

The motion prevailed and the House has reconsidered.

Section 34-1937 again taken up.

The previous question was ordered.

The following was read:
Mr. Groover of Bibb moves to amend SB 1 by striking Section 34-1937 and inserting in lieu thereof the following:
34-1937. Any person who shall print or cause to be printed or who shall generally distribute or cause to be generally distributed, within 7 days of any election or an election day, primary or referendum, a memo randum containing a reference to any candidate, candidates or question to be voted on therein, shall be guilty of a misdemeanor. This section shall not apply to a newspaper of general circulation in the area in which such election, primary or referendum is to be conducted, nor shall it apply to the distribution by a candidate of his own campaign literature.

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

Those voting in the affirmative were Messrs.:

Barber Coker, R. Dixon Floyd Gibbons

Groover Jones, M. Jordan, J. E. Lowrey Moore

Morgan, J. H. Pafford Paris

Those voting in the negative were Messrs.:

Abney Anderson Arnsdorff Baughman Beck Bell Blair Blalock, E. Bolton
Bowen, A. Bowen, R. W. Brackin

Brooks, Wilson Brown Bynum Byrd Causby Clarke, H. G. Coker, G., Dr. Cullens Davis
Dean, N. Deen, H. D. Dennard

Dorminy Duncan, A. C. Duncan, J. E. Echols Etheridge Plournoy Fowler, A. A. Jr. Fowler, J. W. Fulford
Funk Greene Griffin

792

JOURNAL OF THE HOUSE,

Hale Hall Harrington Harris Henderson Hill House Houston Isenberg Johnson, A. S., Dr.
Jones, C. M. Jones, F. C. Jordan, W. H. Keadle Keyton Killian Knight, D. W. Knight, W. D. Laite Lambert Lane Lee, G. B. Lee, W. J. (Bill) Lee, Wm. S. Lewis Lindsey Logan Lokey Mackay Matthews, C. Matthews, D. R. McClelland McCracken

McKemie Meeks Melton Milford Milhollin Mitchell Mixon Moate Morgan, H. Murphy Nessmith Newton, A. S. Newton, D. L. Odom Overby Parker Payton Peterson Phillips Ponsell Poole Pope Poss Rainey Raulerson Reaves Rhodes Richardson Roberts Rodgers, H. B. Roper Rowland Russell

Sewell Shea Simmons Simpson Sinclair Smith, A. C., Jr. Smith, E. B., Jr. Smith, G. L. II Smith, R. R. Smith, V. T. Snow Steis Story Teague Todd Towson Tucker, Ray M. Underwood, J. C. Underwood, R. R. Walker Warren Watson Watts Wells, D. W. Wells, H. H. White Wiggins Wilkes Williams, G. J. Williams, W. M. Wilson, Hoke Wilson, J. M. Woodward

Those not voting were Messrs.:

Acree Alien Andrews Bagby Ballard * Bedgood Black Blalock, D. B. Bowen, R. L. Bowen, R. P. Branch Brantley Brooks, Geo. B. Busbee Caldwell Carr Chandler Clark, J. T. Conger

Conner DeVane Dicus Fleming Flynt Harrell Herndon Horton Hurst Johnson, B. Jones, D. C. Kelly Kirkland Leonard McDonald Mullis Partridge Perry Pickard

Rogers, Jimmie Rutland Scarborough Shuman Singer Smith, Chas. C. Spikes Stalnaker Strickland Stuckey Tabb Tucker, J. B. Tucker, M. K. Twitty Vaughn Ware Hudgins Smith, G. T.

WEDNESDAY, JUNE 10, 1964

793

On the adoption of the amendment, the ayes were 14, nays 135.

The amendment was lost.

The following amendment was read:
Mr. Brooks of Fulton moves to amend SB 1 by striking Section 34-1937 in its entirety and renumbering the sections accordingly.

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

Those voting in the affirmative were Messrs.

Barber Bedgood Bell Blalock, E. Bolton Brooks, Wilson Bynum Coker, E. Cullens Dean, N. Duncan, J. E. Etheridge Fowler, A. A. Jr. Fulford Greene

Groover Hale Harris House Isenberg Jones, C. M. Jones, F. C. Killian Knight, W. D. Laite Lokey Mackay Matthews, C. McClelland Melton

Milford Mitchell Moate Pope Richardson Roper Rowland Shea Simmons Sinclair Snow Towson Wiggins Wilson, J. M.

Those voting in the negative were Messrs.

Abney Alien Anderson Arnsdorff Baughman Beck Blair Blalock, D. B. Bowen, A. Bowen, R. L. Bowen, R. W. Brackin Brooks, Geo. B. Byrd Causby

Clarke, H. G. Coker, G., Dr. Davis Deen, H. D. Dennard DeVane Dixon Dorminy Duncan, A. C. Flournoy Floyd Flynt Fowler, J. W. Funk Gibbons

Griffin Hall Harrington Henderson Hill Houston Johnson, A. S. Dr. Jones, M. Jordan, J. E. Jordan, W. H. Keadle Keyton Kirkland Knight, D. W. Lambert

794
Lane Lee, G. B. Lee, W. J. (Bill) Lee, Wm. S. Lewis Lindsey Logan Lowrey Matthews, D. R. McCracken McKemie Meeks Milhollin Mixon Moore Morgan, H. Morgan, J. H. Murphy Nessmith Newton, A. S. Newton, D. L. Odom

JOURNAL OF THE HOUSE,

Overby Pafford Parker Partridge Payton Peterson Phillips Ponsell Poole Poss Rainey Raulerson Reaves Rhodes Roberts Russell Scarborough Sewell Simpson Smith, A. C., Jr. Smith, E. B., Jr. Smith, G. L. II

Smith, R. R. Smith, V. T. Stalnaker
Steis Story Tabb Todd Tucker, Ray M. Underwood, J. C. Underwood, R. R.
Vaughn Walker Warren Watson Wells, D. W. Wells, H. H.
White Wilkes Williams, G. J. Williams, W. M. Wilson, Hoke Woodward

Those not voting were Messrs.:

Acree Andrews
Bagby Ballard Black Bowen, R. P. Branch Brantley Brown Busbee Caldwell Carr Chandler Clark, J. T. Conger Conner Dicus

Echols Fleming Harrell Herndon Horton Hull Hurst Johnson, B. Jones, D. C. Kelly Leonard McDonald Mullis Paris Perry Pickard Rodgers, H. B.

Rogers, Jimmie Rutland Shuman Singer Smith, Chas. C. Spikes Strickland Stuckey Teague Tucker, J. B. Tucker, M. K. Twitty Ware
Watts Hudgins Smith, G. T.

On the adoption of the amendment, the ayes were 44, nays 111.

The amendment was lost.
Mr. Hale of Dade asked unanimous consent that the House reconsider its action in ordering the previous question.

WEDNESDAY, JUNE 10, 1964

795

The consent was granted and the previous question was recalled.

The following amendment was read:
Bowen of Randolph moves to amend SB 1, Section 34-1937, by strik ing said section in its entirety and substituting in lieu thereof a new Section 34-1937 to read as follows:
"Any person possessing within a polling place a sample ballot, or a memorandum having the appearance of a ballot shall be guilty of a misdemeanor; provided, however, that this section shall not forbid the possession of a memorandum in the handwriting of the elector or member of his family."

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

Those voting in the affirmative were Messrs.

Beck Blalock, D. B. Bowen, A. Bowen, R. L. Brackin Brantley Conger Dixon Dorminy Plournoy Fowler, J. W. Griffin

Hale Jones, F. C. Jones, M. Lane Lee, Wm. S. McCracken McKemie Mixon Morgan, H. Murphy Nessmith Parker

Rainey Raulerson Rhodes Smith, E. B., Jr. Smith, G. L. II Smith, R. R. Story Underwood, J. C. Wells, D. W. Wilkes

Those voting in the negative were Messrs.:

Abney Acree Alien Arnsdorff Bagby Ballard Barber Bell Black Blair Blalock, E. Bolton Bowen, R. W. Brooks, Wilson Brown

Bynum Byrd Causby Clarke, H. G. Coker, G., Dr. Cullens Dean, N. Duncan, A. C. Duncan, J. E. Fleming Floyd Fowler, A. A., Jr. Fulford Funk Gibbons

Greene Groover Hall Harris Herndon House Hurst Isenberg Johnson, A. S., Dr. Jones, C. M. Jordan, J. E. Jordan, W. H. Keadle Killian Knight, W. D.

796
Laite Lee, W. J. (Bill) Lewis Lindsey Lowrey Matthews, C. Matthews, D. R. Melton Milford Milhollin Mitchell Moate Newton, A. S. Newton, D. L. Overby Paris Payton Perry Peterson

JOURNAL OF THE HOUSE,
Phillips Ponsell Poole Pope Poss Reaves Richardson Roberts Rodgers, H. B. Rogers, Jimmie Roper Rowland Russell Sewell Shea Sinclair Smith, A. C., Jr. Snow Spikes

Stalnaker Steis Tabb Towson Tucker, Ray M. Underwood, R. R. Vaughn Walker Watson Wells, H. H. White Wiggins Williams, G. J. Williams, W. M. Wilson, Hoke Wilson, J. M. Hudgins

Those not voting were Messrs. :

Anderson Andrews
Baughman Bedgood Bowen, R. P. Branch Brooks, Geo. B. Busbee Caldwell Carr Chandler Clark, J. T. Coker, R. Conner Davis Been, H. D. Dennard DeVane Dicus Echols Etheridge Flynt Harrell Harrington

Henderson Hill Horton Houston Hull Johnson, B. Jones, D. C. Kelly Keyton Kirkland Knight, D. W. Lambert Lee, G. B. Leonard Logan Lokey Mackay McClelland McDonald Meeks Moore Morgan, J. H. Mullis Odom

Pafford Partridge Pickard Rutland Scarborough Shuman Simmons Simpson Singer Smith, Chas. C. Smith, V. T. Strickland Stuckey Teague Todd Tucker, J. B. Tucker, M. K. Twitty Ware Warren Watts Woodward Smith, G. T.

On the adoption of the amendment, the ayes were 34, nays 100.

The amendment was lost.

WEDNESDAY, JUNE 10, 1964

797

The previous question was ordered.

On the adoption of Section 34-1937 the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Alien Blair Bowen, A. Bowen, R. L. Brackin Brantley Dennard Dixon Flournoy Flynt Fowler, J. W. Griffin Jones, M. Lane Lee, Wm. S.

Matthews, D. R. McCracken McKemie Milhollin Mitchell Mixon Morgan, H. Murphy Nessmith Newton, A. S. Odom Parker Payton Phillips Ponsell

Rainey Raulerson Russell Sewell Smith, E. B., Jr. Smith, G. L. II Story Tabb Todd Underwood, J. C. Wells, D. W. Williams, G. J. Williams, W. M.

Those voting in the negative were Messrs. :

Abney Acree Bagby Ballard Barber Beck Bell Black Blalock, D. B. Blalock, E. Bolton Bowen, R. W. Brooks, Geo. B. Brooks, Wilson Brown Bynum Byrd Caldwell Causby Clarke, H. G. Coker, G., Dr. Coker, R. Cullens Da vis Dean, N. Dorminy

Duncan, A. C. Duncan, J. E. Echols Fleming Floyd Fowler, A. A., Jr. Fulford Funk Gibbons Greene Groover Hale Hall Harris Herndon House Hull Hurst Isenberg Johnson, A. S., Dr. Jones, C. M. Jones, F. C. Jordan, J. E. Jordan, W. H. Keadle Killian

Knight, W. D. Laite Lee, W. J. (Bill) Lewis Lindsey Lokey Lowrey Matthews, C. Melton Milford Moate Newton Overby Paris Partridge Perry Peterson Pope Poss Reaves Richardson Roberts Rogers, Jimmie Roper Rowland Shea

798
Sinclair Smith, A. C., Jr. Smith, R. R. Snow Spikes Steis Towson

JOURNAL OP THE HOUSE,

Tucker, Ray M. Underwood, R. R. Vaughn Walker Watson Watts Wells, H. H.

White Wiggins Wilkes Wilson, Hoke Wilson, J. M. Hudgins

Those not voting were Messrs.:

Anderson Andrews Arnsdorff Baughman Bedgood Bowen, R. P. Branch Bushee Carr Chandler Clark, J. T. Conger Conner Been, H. D. DeVane Dicus Etheridge Harrell Harrington Henderson Hill Horton

Houston
Johnson, B. Jones, D. C. Kelly Keyton Kirkland
Knight, D. W. Lamhert Lee, G. B. Leonard Logan Mackay McClelland McDonald Meeks Moore Morgan, J. H. Mullis
Pafford Pickard Poole Rhodes

Rodgers, H. B. Rutland Scarborough Shuman Simmons Simpson Singer Smith, Chas. C. Smith, V. T. Stalnaker Strickland Stuckey Teague Tucker, J. B. Tucker, M. K. Twitty Ware Warren Woodward
Smith, G. T.

On the adoption of Section 34-1937 the ayes were 43, nays 98.

Section 34-1937 was not adopted.

Messrs. McClelland and Etheridge of Fulton stated they would like to be recorded as voting "Nay".

Messrs. Rhodes of Baker and Busbee of Dougherty stated they would like to be recorded as voting "Aye".

Section 34-1938. Punishment for felonies, was read.
The following amendment was read and adopted:
McCracken of Jefferson moves to amend SB 1 by striking Section 34-1938 in its entirety and inserting in lieu thereof the following to be designated as Section 34-1938:

WEDNESDAY, JUNE 10, 1964

799

Section 34-1938--Each person convicted of a crime declared to be a felony under the provisions of this code shall be punished by a fine not to exceed two thousand dollars or imprisonment of not less than one year nor more than three years, or both, in the discretion of the trial court; or may be punished as for a misde meanor in the discretion of the trial court.

Section 34-1938 was adopted as amended.

Section 34-1939. Punishment for misdemeanors, was read.

The following amendment was read and adopted.
McCracken of Jefferson moves to amend SB 1 by striking original Section 34-1939 in its entirety and inserting in lieu thereof the follow ing language to be designated as Section 34-1939:
Section 34-1939. Punishment for misdemeanors. Each person convicted of a crime declared to be a misdemeanor under the pro visions of this Code shall be punished by a fine of not more than one thousand dollars, confinement in the county jail or other places of imprisonment not to exceed six months, to work on the public works in such public works camp or other appropriate institution under the jurisdiction of the State Board of Corrections not to exceed twelve months, any one or more of these punishments in the discretion of the trial judge.

Section 34-1939 was adopted as amended.

Section 34-802. November election, was again taken up.

The following amendment was read and adopted:
Baughman of Early moves to amend SB 1 as follows:
By adding in Section 34-802 after the words "General Assem bly," and before the words "justices of the peace," the words "county officers,".

Section 34-802 was adopted as amended.

Chapter 34-20. Repeals.

800

JOURNAL OF THE HOUSE,

Section 34-2001. Specific repealer, was read and adopted.

Section 34-2002. Negation of Revivor, was read and adopted.

Section 34-2003. Severability, was read and adopted.

Section 34-2004. Express retention, was read.

The following Committee amendment was read and adopted: The Committee on Judiciary moves to amend SB 1 as follows: 52. By striking from the first sentence of Section 34-2004 the words "and to provide for the applicability of such Act as amended by particular Act No. 923 of the 1964 regular session of the Gen eral Assembly," and inserting in lieu thereof the words ", as amended by an Act approved March 13, 1964 (Ga. Laws 1964, pp. 478-481),".
Section 34-2004 was adopted as amended.
Section 34-2005. General repealer, was read and adopted.
Mr. Bolton of Spalding moved that the following amendment to the Caption of SB 1 be adopted:
Bolton of Spalding moves to amend SB 1 as follows: By inserting in the title thereof immediately before the phrase
"to repeal conflicting laws" the following: "to prohibit the sale of intoxicating beverage on primary or election days;".
The motion prevailed and the caption was adopted as amended.
Section 34-1317. Assistance in voting, was again taken up.
The following amendment was read: Mr. Bagby of Paulding moves to amend SB 1 by striking Section
34-1317 in its entirety and inserting in lieu thereof the following:

WEDNESDAY, JUNE 10, 1964

801

"Any elector applying to vote who shall state under oath in writing that he is unable to prepare his ballot, may have the assist ance of any two managers, a poll holder jointly or separately, in the preparation of his ballot, or may select any free holder of his choice to aid him in the preparation of his ballot. No elector shall at any time take or remove any ballot from the polling place. The manager or poll holder shall preserve their written oath and return them with other election papers to the proper officials."

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 Acree Anderson Bagby Ballard Barber Baughman Black Blair Blalock, E. Bowen, A. Bowen, R. L. Brooks, Geo. B. Brooks, Wilson Brown Caldwell Clarke, H. G. Coker, G., Dr. Conger Cullens Davis Dean, N. Dennard Dixon Fleming Flynt Fowler, A. A., Jr. Fulford Funk Gibbons Greene Griffin Groover Hale Hall Harrell Harris

Henderson Herndon Hill House Houston Hull Hurst Johnson, A. S., Dr. Johnson, B. Jones, C. M. Keadle Keyton Killian Knight, W. D. Laite Lee, G. B. Lee, W. J. (Bill) Leonard Lindsey Lokey Lowrey Mackay Matthews, C. Matthews, D. R. McClelland McCracken McKemie Milford Mitchell Moate Morgan, J. H. Murphy Nessmith Newton, A. S. Newton, D. L. Pafford Paris

Partridge Phillips Ponsell Poole Poss Raulerson Reaves Rhodes Richardson Roberts Rodgers, H. B. Rogers, Jimmie Roper Russell Sewell Shea Simmons Simpson Singer Smith, V. T. Snow Stalnaker Story Strickland Tabb Todd Underwood, R. R. Walker Ware Warren Watson Wells, D. W. Wells, H. H. White Wilkes Wilson, Hoke Wilson, J. M.

802

JOURNAL OF THE HOUSE,

Those voting in the negative were Messrs.:

Alien Beck Bell Blalock, D. B. Bolton Bowen, R. W. Busbee Bynum Byrd Chandler Clark, J. T. Coker, R. Dorminy Duncan, A. C. Duncan, J. E. Echols Flournoy Fowler, J. W.

Harrington Isenberg Jones, F. C. Jones, M. Jordan, J. E. Jordan, W. H. Lambert Lee, Wm. S. Lewis Melton Milhollin Mixon Moore Morgan, H. Odom Payton Perry Peterson

Pope Rainey Scarborough Shuman Sinclair Smith, E. B., Jr. Smith, R. R. Towson Tucker, Ray M. Underwood, J. C. Vaughn Watts Wiggins Williams, G. J. Williams, W. M. Hudgins

Those not voting were Messrs. :

Andrews Arnsdorff Bedgood Bowen, R. P. Brackin Branch Brantley Carr Causby Conner Deen, H. D. DeVane Dicus Etheridge

Floyd Horton Jones, D. C. Kelly Kirkland Knight, D. W. Lane Logan McDonald Meeks Mullis Overby Parker Pickard

Rowland Rutland Smith, A. C., Jr. Smith, Chas. C. Smith, G. L. II Spikes Steis Stuckey Teague Tucker, J. B. Tucker, M. K. Twitty Woodward Smith, G. T.

On the adoption of the amendment, the ayes were 111, nays 52.

The amendment was adopted.

Section 34-1317 was adopted as amended.

Section 34-107. Person convicted of certain crimes not to serve as primary or election official or be nominated or elected, was again taken up.

The following amendment was read and adopted:
Murphy of Haralson moves to amend SB 1, Section 34-107 by strik ing said Section in its entirety and inserting in lieu thereof the fol lowing:

WEDNESDAY, JUNE 10, 1964

803

Section 34-107. Person convicted of certain crimes not to serve
as primary or election official or be nominated or elected. . . . No person shall hold any nomination, party office or public office who has been finally convicted and sentenced in any court of competent jurisdiction for fraudulent violation of primary or elec tion laws, malfeasance in office, felony, or crime involving moral turpitude, under the laws of this State or any other State or of the United States, unless such person shall have been pardoned.

Section 34-107 was adopted as amended.

Section 34-1312. Duties of primary and election officials performed in pub lic, was again taken up.

Section 34-1312 was adopted.

Section 34-1307. No campaign activities within two hundred and fifty feet of polling place; extension of such distance; presence of soldiers prohibited, was taken up.

The following amendment was read:
Arnsdorff of Effingham moves to amend SB 1 as follows:
By striking Subsection (a) of Section 34-1307 in its entirety and by inserting in lieu thereof a new Subsection (a) to read as follows:
"(a) No person, with the exception of candidates, shall solicit votes in any manner or by any means or method, nor shall any person distribute any campaign literature, booklet, pamphlet, card, sign, or any other written or printed matter of any kind in support of any person, party, body, or proposition in any primary or election within two hundred fifty feet (250') of any polling place or of the outer edge of any building within which such polling place is established."

The following amendments to the amendment by Mr. Arnsdorff were read and adopted:
Mr. Brooks of Oglethorpe, and Mr. Murphy of Haralson moves to amend from Bill #1, Section 34-1307 (a) as follows:
By inserting the word "newspaper" immediately after the word literature, and before the word booklet and by adding a comma after the word newspaper. This insertion to be made on line five of

804

JOURNAL OP THE HOUSE,

the Section as it appears in the printed copy.
^ Mr. Payton of Coweta moves to amend the amendment to Section 34-1307 by striking the word "in" after the word proposition in line 5 and inserting therein the word "on" and by inserting the word "day" after the word "election" in line 5.

Mr. Walker of Lowndes moves to amend the amendment to Section 34-1307 by striking the period and adding the following words to the end of the 1st sentence. ", whichever distance is the greater."

The amendment by Mr. Arnsdorff of Effingham was adopted as amended.

The following amendment to (b) of Section 34-1307 was read and adopted:
Brooks of Fulton moves to amend SB 1 by adding at the end of Section 34-1307 a new subsection to read as follows:
"(b) Notwithstanding the provisions of Subsection (a) of this Section, in any county of this State having a population of more than 500,000, according to the United States Decennial Census of 1960 or any such future census, no person shall, on a day in which a primary or election is held within such county, solicit votes in any manner or by any means or method or shall distribute any campaign literature, booklet, pamphlet, card, sign, or any written or printed matter of any kind in support of any person, party, body or proposition in any primary or election." This prohibition shall not apply to candidates for Statewide office."

Section 34-1307 was adopted as amended.

Mr. Cullens of Bartow asked unanimous consent that the House reconsider its action in adopting Section 34-105.

The consent was granted and the House has reconsidered.

Section 34-105. Computation of time in certain cases, was again taken up.

The following amendment was read and adopted:
Mr. Cullens of Bartow moves to amend SB 1 Section 34-105 by striking the words "day prior" and they appear in the 4th line from the bottom and inserting in lieu thereof the words "last day".

WEDNESDAY, JUNE 10, 1964

805

Section 34-105 was adopted as amended.

Mr. Richardson of Chatham asked unanimous consent that the House re consider its action in adopting Section 34-1319 (b).

The consent was granted and the House has reconsidered.

Section 34-1319. Regulations in force at polling places, was again taken up.

On the adoption of Section 34-1319 (b) the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Abney Alien Arnsdorff Bagby Ballard Barber Baughman Beck Bedgood Bell Black Blair Blalock, D. B. Blalock, E. Bolton Bowen, R, L. Brooks, Wilson Busbee Byrd Chandler Clarke, H. G. Coker, R. Davis Dean, N. Dennard Dixon Dorminy Duncan, A. C. Duncan, J. E. Echols Fleming Flournoy Floyd Fowler, A. A., Jr.

Fowler, 3. W. Funk Greene Hale Hall Harrell Harrington Harris Henderson Hill House Houston Hull Hurst Isenberg Jones, F. C. Jones, M. Jordan, J. E. Jordan, W. H. Keadle Keyton Knight, W. D. Laite Lambert Lee, G. B. Lee, W. J. (Bill) Lee, Wm. S. Leonard Lewis Lindsey Lokey Lowrey Mackay Matthews, C.

Matthews, D. R. McClelland McCracken Melton Milhollin Mitchell Mixon Moate Morgan, H. Morgan, J. H. Newton, A. S. Newton, D. L. Odom Pafford Parker Partridge Perry Peterson Phillips Ponsell Poole Poss Rainey Raulerson Reaves Rhodes Richardson Roberts Rodgers, H. B. Rogers, Jimmie Roper Rowland Russell Scarborough

806
Sewell Shea Shuman Simmons Simpson Sinclair Singer Smith, R. R. Smith, V. T. Spikes Stalnaker

JOURNAL OF THE HOUSE,

Steis Story Tabb Tucker, Ray M. Underwood, R. R. Vaughn Walker Ware Warren Watts Wells, D. W.

Wells, H. H. Wiggins Wilkes Williams, G. J. Williams, W. M. Wilson, Hoke Wilson, J. M. Woodward Hudgins

Those voting in the negative were Messrs.:

Bowen, A. Bynum Cullens

Milford Moore Murphy

Paris

Those not voting were Messrs.:

Acree Anderson Andrews Bowen, R. W. Bowen, R. P. Brackin Branch Brantley Brooks, Geo. B. Brown Caldwell Carr Causby Clark, J. T. Coker, G., Dr. Conger Conner Deen, H. D. DeVane Dicus Etheridge Flynt

Fulford Gibbons Griffin Groover Herndon Horton Johnson, A. S., Dr. Johnson, B. Jones, C. M. Jones, D. C. Kelly Killian Kirkland Knight, D. W. Lane Logan McDonald McKemie Meeks Mullis Nessmith Overby

Payton Pickard Pope Rutland Smith, A. C., Jr. Smitih, Chas. C. Smith, E. B., Jr.
Smith, G. L. II Snow Strickland Stuckey Teague Todd Towson Tucker, J. B. Tucker, M. K. Twitty Underwood, J. C. Watson White Smith, G. T.

On the adoption of (b) the ayes were 133, nays 7.

Section 34-1319 (b) was adopted.
Mr. Harris of DeKalb moved that the House reconsider its action in adopting Section 34-629.

WEDNESDAY, JUNE 10, 1964

807

On the motion to reconsider, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Blair Bowen, R. L. Brown Dean, N. Dixon Dorminy Duncan, J. E. Flynt Fowler, A. A., Jr. Fowler, J. W. Harris House Jones, M.

Jordan, J. E. Killian Lambert Lee, W. J. (Bill) Lee, Wm. S. Lewis Lowrey Mackay Matthews, C. Milhollin Moore Morgan, H. Nessmith

Those voting in the negative were Messrs.:

Abney Acree Alien Arnsdorff Bagby Ballard Barber Baughman Beck Bell Blalock, D. B. Blalock, E. Bolton Bowen, A. Bowen, R. W. Brooks, Geo. B. Busbee Bynum Byrd Caldwell Chandler Clark, J. T. Clarke, H. G. Coker, R. Cullens Davis Dennard Duncan, A. C. Echols Fleming Floyd Funk Gibbons Greene

Griffin Hale Hall Harrell Harrington Henderson Hill Houston Hurst Isenberg Johnson, B. Jones, F. C. Jordan, W. H. Keadle Knight, W. D. Lane Lee, G. B. Lindsey Lokey Matthews, D. R. McCracken Milford Mitchell Moate Morgan, J. H. Newton, A. S. Newton, D. L. Pafford Parker Partridge Perry Phillips Poole Pope

Paris Peterson Ponsell Raulerson Russell Shea Smith, E. B., Jr. Walker Wiggins Williams, G. J. Williams, W. M.
Poss Reaves Rhodes Richardson Roberts Rodgers, H. B. Rogers, Jimmie Roper Scarborough Sewell Shuman Simmons Sinclair Smith, R. R. Smith, V. T. Snow Steis Story Strickland Tabb Todd Towson Tucker, Ray M. Underwood, J. C. Underwood, R. R. Vaughn Warren Watts Wells, H. H. White, D. H. Wilkes Wilson, Hoke Woodward Hudgins

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JOURNAL OP THE HOUSE,

Those not voting were Messrs.:

Anderson Andrews Bedgood Black Bowen, R. P. Brackin Branch Brantley Brooks, Wilson Carr Causby Coker, G., Dr. Conger Conner Deen, H. D. DeVane Dicus Ether idge Flournoy Pulford Groover Herndon

Horton Hull Johnson, A. S. Dr. Jones, C. M. Jones, D. C. Kelly Keyton Kirkland Knight, D. W. Laite Leonard Logan McClelland McDonald McKemie Meeks Melton Mixon Mullis Murphy Odom Overby

Payton Pickard Rainey Rowland Rutland Sinipson Singer Smith, A. C., Jr. Smith, Chas. C. Smith, G. L. II Spikes Stalnaker Stuckey Teague Tucker, J. B. Tucker, M. K. Twitty Ware Watson Wells, D. W. Wilson, J. M. Smith, G. T.

On the motion to reconsider, the ayes were 37, nays 102.

The motion was lost and the House has not reconsidered.

Mr. Abney of Walker moved that the House reconsider its action in adopting Section 34-1406.

On the motion to reconsider the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Abney Acree Alien Anderson Bagby Baughman Blair Bowen, A. Brown Bynum Chandler

Cullens Davis Dean, N. Dorminy Echols Fleming Floyd Flynt Fowler, J. W. Funk Gibbons

Greene Hall Harrell Harrington Herndon House Hull Johnson, A. S. Dr. Johnson, B. Jones, C. M. Jordan, J. E.

Keadle Knight, W. D. Lee, G. B. Lewis Lindsey Lokey Lowrey Milford Milhollin Mitchell Mixon Moate Murphy

WEDNESDAY, JUNE 10, 1964
Nessmith Newton, D. L. Paris Partridge Peterson Poole Raulerson Reaves Rhodes Richardson Rodgers, H. B. Simpson Sinclair

809
Smith, R. R. Smith, V. T. Snow Stalnaker Steis Tabb Todd Underwood, R. R. Walker White Wilson, Hoke Woodward

Those voting in the negative were Messrs.:

Arnsdorff Barber Beck Bell Blalock, D. B. Blalock, E. Bolton Bowen, R. W. Busbee Byrd Clark, J. T. Coker, G., Dr. Coker, R. Duncan, A. C. Duncan, J. E. Flournoy Fowler, A. A. Jr. Harris Henderson Hill Houston Hurst

Isenberg Jones, M. Jordan, W. H. Killian Lambert Lee, W. J. (Bill) Lee, Wm. S. Leonard Mackay Matthews, C. McCracken McKemie Melton Moore Morgan, H. Newton, A. S. Odom Overby Parker Perry Phillips Ponsell

Pope Poss Rogers, Jimmie Scarborough Sewell Shea Shuman Simmons Smith, E. B., Jr. Spikes Towson Tucker, Ray M. Twitty Vaughn Warren Watts Wells, D. W. Wiggins Wilkes Williams, G. J. Williams, W. M. Hudgins

Those not voting were Messrs.:

Andrews Ballard Bedgood Black Bowen, R. L. Bowen, R. P. Brackin Branch Brantley Brooks, Geo. B. Brooks, Wilson Caldwell

Carr Causby Clarke, H. G. Conger Conner Deen, H. D. Dennard DeVane Dicus Dixon Etheridge Fulford

Griffin Groover Hale Horton Jones, D. C. Jones, F. C. Kelly Keyton Kirkland Knight, D. W. Laite Lane

810
Logan Matthews, D. R. McClelland McDonald Meeks Morgan, J. H. Mullis Pafford Payton Pickard Rainey

JOURNAL OF THE HOUSE,

Roberts Roper Rowland Russell Rutland Singer Smith, A. C., Jr. Smith, Chas. C. Smith, G. L. II Story Strickland

Stuckey Teague Tucker, J. B. Tucker, M. K. Underwood, J. C. Ware Watson Wells, H. H. Wilson, J. M. Smith, G. T.

On the motion to reconsider, the ayes were 71, nays 66.

The motion prevailed, and the House has reconsidered.

Section 34-1406. Voting by absentee electors, was again taken up.

The following amendment was read:
Abney of Walker moves to amend Section 34-1406 of Senate Bill No. 1 by adding a new sentence to Section 34-1406 of said section after the first sentence to read as follows:
"Any registrar or deputy registrar shall be required to go to the home of the elector if the elector has received an absentee ballot on the grounds of physical disability and requests the same."

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 Acree Alien Anderson Arnsdorff Bagby Barber Baughman Beck Bell Black Blair

Blalock, D. B. Blalock, E. Bolton Bowen, A. Brooks, Geo. B. Brooks, Wilson Byrd Chandler Clark, J. T. Clarke, H. G. Coker, R. Cullens

Davis Dean, N. Dorminy Duncan, A. C. Fleming Floyd Flynt Fowler, J. W. Funk Gibbons Greene Groover

WEDNESDAY, JUNE 10, 1964

811

Hall Harrell Harrington Harris Henderson Herndon House Hull Hurst Johnson, A. S. Dr. Jones, C. M. Jones, M. Jordan, J. E. Keadle Knight, W. D. Lambert Lane Lee, G. B. Lindsey Lokey Lowrey Mackay

McClelland McCracken Melton Milhollin Mitchell Moate Morgan, J. H. Nessmith Newton, A. S. Newton, D. L. Paris Partridge Perry Poole Poss Raulerson Reaves Rhodes Richardson Roberts Roper Russell

Sewell Simpson Sinclair Smith, E. B., Jr. Smith, R. R. Snow Spikes Tabb Todd Towson Tucker, Ray M. Underwood, R. R. Vaughn Walker Warren White Wilkes Williams, G. J. Wilson, Hoke Woodward Hudgins

Those voting in the negative were Messrs.:

Bowen, R. L. Bowen, R. W. Brown Busbee Bynum Coker, G., Dr. Dennard Duncan, J. E. Echols Etheridge Plournoy Fowler, A. A. Jr. Griffin Hale Hill

Isenberg Jones, F. C. Jordan, W. H. Killian Lee, Win. S. Leonard Lewis Matthews, C. McKemie Milford Mixon Moore Odom Overby Parker

Payton Phillips Ponsell Pope Rodgers, H. B. Scarborough Shea Shuman Smith, V. T. Steis Twitty Wells, D. W. Wiggins Williams, W. M. Wilson, J. M.

Those not voting were Messrs.:

Andrews Ballard Bedgood Bowen, R. P. Brackin Branch Brantley Caldwell Carr Causby

Conger Conner Deen, H. D. DeVane Dicus Dixon Fulford Horton Houston Johnson, B.

Jones, D. C. Kelly Keyton Kirkland Knight, D. W. Laite Lee, W. J. (Bill) Logan Matthews, D. R. McDonald

812
Meeks Morgan, H. Mullis Murphy Pafford Peterson Pickard Rainey Rogers, Jimmie Rowland

JOURNAL OF THE HOUSE,

Rutland Simmons Singer Smith, A. C., Jr. Smith, Chas. C. Smith, G. L. II Stalnaker Story Strickland Stuckey

Teague Tucker, J. B. Tucker, M. K. Underwood, J. C. Ware Watson Watts Wells, H. H. Smith, G. T.

On the adoption of the amendment, the ayes were 101, nays 45.

The amendment was adopted.

Section 34-1406 was adopted as amended.

The previous question on SB 1 and all amendments thereto 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 Acree Alien Anderson Arnsdorff Bagby Ballard Barber Beck Bedgood Bell Blair Blalock, D. B. Blalock, E. Bolton Bowen, A. Bowen, R. L.

Bowen, R. W. Brantley Brooks, Geo. B. Brooks, Wilson Brown Busbee Byrd Caldwell Chandler Clark, J. T. Clarke, H. G. Coker, G., Dr. Coker, R. Conger Conner Cullens Davis

Dean, N. Dennard DeVane Dixon Dorminy Duncan, A. C. Duncan, J. E. Echols Etheridge Flournoy Floyd Flynt Fowler, A. A. Jr. Fowler, J. W. Fulford Funk Gibbons

WEDNESDAY, JUNE 10, 1964

Greene Griffin Groover Hale Hall Harrell Harrington Harris Henderson Herndon Hill House Houston Hull Hurst Isenberg Johnson, A. S., Dr. Johnson, B. Jones, C. M. Jones, F. C. Jones, M. Jordan, J. E. Jordan, W. H. Keadle Keyton Killian Knight, W. D. Lambert Lee, G. B. Lee, W. J. (Bill) Lee, Wm. S. Leonard Lewis Lindsey Logan Lokey Lowrey Mackay Matthews, C.

McClelland Meeks Melton Milhollin Mitchell Mixon Moate Moore Morgan, H. Morgan, J. H. Murphy Newton, A. S. Newton, D. L. Odom Overby Pafford Paris Parker Partridge Payton Perry Peterson Phillips Ponsell Poole Pope Poss Rainey Raulerson Reaves Rhodes Richardson Roberts Rodgers, H. B. Rogers, Jimmie Roper Rowland Russell Shea

813
Shuman Simmons Simpson Sinclair Smith, E. B., Jr. Smith, G. L. II Smith, R. R. Smith, V. T. Snow Spikes Stalnaker Steis Story Strickland Tabb Teague Towson Tucker, J. B. Tucker, Ray M. Twitty Underwood, R. R. Vaughn Walker Ware Warren Watts Wells, D. W. Wells, H. H. White Wiggins Wilkes Williams, G. J. Williams, W. M. Wilson, Hoke Wilson, J. M. Woodward Hudgins

Those voting in the negative were Messrs.

Baughman Bynum Fleming

McCracken Nessmith Scarborough

Those not voting were Messrs.:

Andrews Black Bowen, R. P. Brackin

Branch Carr Causby Deen, H. D.

Sewell Todd
Dicus Horton Jones, D. C. Kelly

814
Kirkland Knight, D. W. Laite Lane Matthews, D. R. McDonald McKemie

JOURNAL OP THE HOUSE,

Milford Mullis Pickard Rutland Singer Smith, A. C., Jr. Smith, Chas. C.

Stuckey Tucker, M. K. Underwood, J. C. Watson Smith, G. T.

On the adoption of the bill, as amended, the ayes were 166, nays 8.

The bill, having received the requisite constitutional majority, was passed, as amended.
Messrs. Deen, of Bacon, Matthews of Colquitt, Black of Webster, Kirkland of Tattnall, Singer of Stewart, Busbee of Dougherty and Smith of Forsyth stated they would like to be recorded as voting "aye" on the passage of SB 1 as amended.

Mr. Busbee of Dougherty asked unanimous consent that SB 1 be immediately transmitted and the consent was granted. SB 1 was ordered immediately trans mitted to the Senate.

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

HB 68. By Messrs. Lane and Nessmith of Bulloch:
A Bill to be entitled an Act to create the City Court of Statesboro, so as to provide for the trial of all violations of traffic laws of Ga., in said court in the same manner as now provided for the trial of such cases in the courts of ordinary in certain counties, and for other purposes.

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

On the passage of the Bill, the ayes were 120, nays 0.

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

HB 70. By Messrs. Harris and Mackay of DeKalb: A Bill to be entitled an Act to amend an Act establishing a new Char-

WEDNESDAY, JUNE 10, 1964

815

ter for the City of Stone Mountain, and for other purposes.

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

On the passage of the Bill, the ayes were 120, nays 0.

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

HB 72. By Messrs. Snow and Abney of Walker:
A Bill to be entitled an Act to amend an Act creating the office of Com missioner of roads and revenues for the County of Walker, so as to change the salary of the commissioner, and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 120, nays 0.

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

The following Resolutions of the House were read and adopted:

HR 89. By Messrs. Milhollin of Coffee, Mixon of Irwin, and many others:
A RESOLUTION
Relative to Honorable Caleb Powers Watson; and for other purposes.
WHEREAS, the Honorable Caleb Powers Watson, the distinguished and able Representative from Pike County, is on this day celebrating his 69th birthday; and
WHEREAS, during the long and fruitful life of this outstanding Georgian, he has served in many important capacities among them the pastorship of the First Baptist Church of Ocilla, Georgia, the First Baptist Church of Blackshear, Georgia and the First Baptist Church of Summerville, Georgia; and
WHEREAS, Honorable Caleb Powers Watson served as Senator

816

JOURNAL OF THE HOUSE,

from the old 32nd Senatorial District in the years 1959 and 1960, serving on the most important and influential interim Education Com mittee; and

WHEREAS, during his many years of public service, the distin guished gentleman from Pike has been the champion of many under dog causes; and

WHEREAS, the dignified, calm approach to the many problems which have confronted him while in public service has always been a source of inspiration to this body; and

WHEREAS, it is only fitting and proper that on his 69th birthday, recognition be given to the many long years of public service which have been given so freely by this outstanding Georgian.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF Representatives that this body does hereby extend its heartiest con gratulations on this the 69th birthday of the distinguished Representative from Pike County.

BE IT FURTHER RESOLVED that this body does hereby commend the Honorable Caleb Powers Watson'for his many long years of public service and for the many contributions made to the people of the State of Georgia.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby authorized and directed to furnish an appropriate copy of this Resolution to the Honorable Caleb Powers Watson, Representative, Pike County.

HR 90. By Messrs. Smith of Grady, Groover of Bibb and many others:
A RESOLUTION
Relative to the Honorable J. R. Cullens, Representative Bartow County; and for other purposes.
WHEREAS, Honorable J. R. Cullens, the distinguished and able Representative from Bartow County, on June 9th celebrated his 24th Wedding Anniversary; and
WHEREAS, it is only fitting and proper that recognition be given to the gentleman from Bartow and his most beautiful and charming wife, Mary, for their many long years of married bliss.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that Honorable J. R. Cullens and his most gra cious and charming wife, Mary, are hereby commended for the many years of long and devoted service to each other and does hereby extend to them its heartiest congratulations on the celebration of their 24th Wedding Anniversary.

WEDNESDAY, JUNE 10, 1964

817

BE IT FURTHER RESOLVED that the Clerk of the House is hereby authorized and directed to furnish an appropriate copy of this Resolution to Honorable J. R. Cullens and wife, Mary.

HR 91. By Messrs. Parker of Screven, Nessmith of Bulloch and many others:
A RESOLUTION
Congratulating Honorable and Mrs. W. Jones Lane upon their 23rd Wedding Anniversary; and for other purposes.
WHEREAS, Honorable W. Jones Lane, Representative, Bulloch County, and his lovely wife, Sue Franklin Lane, celebrated their 23rd Wedding Anniversary on June 8, 1964; and
WHEREAS, Honorable W. Jones Lane is indeed fortunate to have had the inspiration, support and understanding of his charming wife for the past twenty-three years; and
WHEREAS, this devoted couple has four fine children; namely, William Jones Lane, Jr., Gloria Susan Lane, Robert Emory Lane and Mary Anne Lane; and
WHEREAS, the members of this body share the happiness of Honor able and Mrs. W. Jones Lane and family on this joyous occasion.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby extend its sincerest congratulations to Honorable and Mrs. W. Jones Lane upon their 23rd Wedding Anniversary and does further express its best wishes for their continued happiness.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby authorized and directed to forward an appropriate copy of this Resolution to Honorable and Mrs. W. Jones Lane.

HR 92. By Messrs. Smith of Grady, Wilkes of Cook and many others:
A RESOLUTION
Extending congratulations to Honorable and Mrs. Floyd Hudgins on their 14th Wedding Anniversary and commending Wanda Lynn and Floyd Wayne Hudgins; and for other purposes.
WHEREAS, Honorable Floyd Hudgins, the distinguished Repre sentative from Chattahoochee County, is married to the former Margie Louise Hand; and
WHEREAS, Representative Hudgins and his beautiful and charm-

818

JOURNAL OF THE HOUSE,

ing wife are today celebrating their 14th Wedding Anniversary; and

WHEREAS, Wanda Lynn Hudgins and Floyd Wayne Hudgins, two lovely children of Representative and Mrs. Hudgins, are serving as pages in the House of Representatives and are very diligently per forming their duties; and

WHEREAS, it is the desire of the members of the House of Repre sentatives of Georgia to extend to Representative and Mrs. Hudgins their congratulations and best wishes on their 14th Wedding Anniver sary and to commend their two lovely children.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby extend their con gratulations and best wishes to Honorable Floyd Hudgins, the dis tinguished Representative from Chattahoochee County and to his beau tiful and charming wife, Margie Louise Hudgins, on this their 14th Wedding Anniversary and wish for them every success in their future endeavors.

BE IT FURTHER RESOLVED that Wanda Lynn Hudgins and Floyd Wayne Hudgins are hereby commended and extended the thanks of this body for the diligent manner in which they have performed their duties.

BE IT FURTHER RESOLVED that as a token of our esteem and appreciation, the Clerk of the House of Representatives is hereby au thorized and directed to furnish an appropriate copy of this Resolution with the seal of the House of Representatives affixed thereto to Honor able Floyd Hudgins.

HR 93. By Messrs. Lewis of Wilkinson, Beck of Twiggs and many others:
A RESOLUTION
Commending the Honorable D. Warner Wells, and for other pur poses.
WHEREAS, the Honorable D. Warner Wells, the Representative from Peach County, has served in the House of Representatives of the State of Georgia since 1957; and
WHEREAS, Mr. Wells has served the people of the State of Geor gia and Peach County with distinction during his years as a Repre sentative in the House; and
WHEREAS, Mr. Wells has announced that he would not offer for reelection to the House of Representatives; and
WHEREAS, Mr. Wells is highly respected by all the members of the House of Representatives; and

WEDNESDAY, JUNE 10, 1964

819

WHEREAS, the presence of this distinguished Representative will be greatly missed throughout the halls of the House of Representatives; and

WHEREAS, Mr. Wells is in line to become the Grand Master of the Grand Lodge of the Free and Accepted Masons of Georgia after his retirement from the House of Representatives; and

WHEREAS, it is only proper that Mr. Wells be commended for his years of distinguished and meritorious service in the House of Repre sentatives.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the Honorable D. Warner Wells, the distin guished member of the House of Representatives of the State of Geor gia from Peach County, is hereby commended for his many years of distinguished and outstanding service as a member of the House of Representatives.
BE IT FURTHER RESOLVED that the members of this House do hereby wish the Honorable D. Warner Wells every success in all of his future undertakings, and in particular in his future capacity as the Grand Master of the Grand Lodge of the Free and Accepted Masons of Georgia.
BE IT FURTHER RESOLVED that a copy of this Resolution be placed in the Journal of the House of Representatives as evidence of the esteem and appreciation of this Body of the Honorable D. Warner Wells.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit an appro priate copy of this Resolution to the Honorable D. Warner Wells.

HR 94. By Messrs. Lowrey of Floyd, Hudgins of Chattahoochee, and many others:
A RESOLUTION
Commending Honorable J. E. (Red) Jordan and wishing him suc cess; and for other purposes.
WHEREAS, Mr. J. E. (Red) Jordan is presently one of the Repre sentatives from Floyd County, Georgia; and
WHEREAS, during the time that Mr. Jordan has served as Rep resentative, he has served his constituents with distinction; and
WHEREAS, Mr. Jordan has at all times served with honor and with a high degree of achievement; and

820

JOURNAL OP THE HOUSE,

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

WHEREAS, Mr. Jordan has announced that he will not seek reelection to the House of Representatives from Floyd County; and

WHEREAS, Mr. Jordan is seeking election to the Board of Roads and Revenues of Ployd County; and

WHEREAS, it is only proper that this distinguished member of the House should be commended for his services.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body does hereby commend Honorable J. E. (Red) Jordan for the service which he has performed while serv ing as a Representative from Floyd County, Georgia.

BE IT FURTHER RESOLVED that this Body does hereby wish the Honorable J. E. (Red) Jordan success in his forthcoming campaign for the Board of Roads and Revenues of Floyd County.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit an appro priate copy of this Resolution ( with the seal of the House of Representa tives affixed thereto, to the Honorable J. E. (Red) Jordan.

HE 95. By Messrs. Matthews of Clarke, Walker of Lowndes and many others:
A RESOLUTION
Commending the Honorable Wilson Wilkes and the Honorable Render Hill; and for other purposes.
WHEREAS, at the 1964 regular session of the Georgia General Assembly House Bill No. 1089, under the sponsorship of the Honorable Wilson Wilkes, Representative, Cook County, and the Honorable Render Hill, Representative, Meriwether County, was enacted into law; and
WHEREAS, said House Bill No. 1089 established, as a non-profit corporation, the Georgia Higher Education Assistance Corporation for the purpose of extending financial assistance to students desiring to pursue higher educational opportunities; and
WHEREAS, in the years to come untold opportunities will be afforded to the young people of the State of Georgia which otherwise might have been prevented because of the prohibitive cost of higher education from obtaining college and university training; and
WHEREAS, if there were no other indications, the sponsorship

WEDNESDAY, JUNE 10, 1964

821

of this legislation would mark these two gentlemen as unselfish and devoted public servants; and

WHEREAS, it is the desire of this body that recognition be given to the gentleman from Cook and the gentleman from Meriwether for their outstanding contributions to the State of Georgia during their period of public service.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that this body does hereby commend the selfless contributions made by these gentlemen to the State of Georgia, and to this General Assembly, and to the youth of this State through the enactment of House Bill No. 1089.

BE IT FURTHER RESOLVED that henceforth House Bill No. 1089, which has become Act No. 1002 of the 1964 General Assembly, shall be known as the "Wilkes-Hill Bill".

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and instructed to transmit a suit able copy of this Resolution to Honorable Wilson Wilkes, Representa tives, Cook County and to Honorable Render Hill, Representative, Meri wether County.

HR 96. By Messrs. Smith of Emanuel, Fowler of Treutlen, and many others:
A RESOLUTION
Commending Honorable William King Ponsell, Representative from Ware County; and for other purposes.
WHEREAS, Honorable William King Ponsell, the distinguished and able Representative from Ware County has declined to seek reelection to the Georgia House of Representatives; and
WHEREAS, Mr. Ponsell served in the State Senate from the 5th Senatorial District during the years 1955, 1956, 1961 and 1962; and
WHEREAS, he has served as a member of the House of Repre sentatives during the 1963-64 regular session of the General Assembly; and
WHEREAS, during his tenure as a member of the General Assem bly, the gentleman from Ware County has ably represented his county,
his senatorial district and the State of Georgia; and WHEREAS, his foresight in supporting progressive legislation and
his staunch background has made him an able and dependable legisla tor who is respected by his colleagues; and
WHEREAS, the presence of Mr. Ponsell in the Hall of the House of Representatives will be sorely missed.

822

JOURNAL OF THE HOUSE,

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that Honorable William King Ponsell, the dis tinguished member of the House of Representatives from Ware County, is hereby commended for his years of devoted service to his community, Ware County and the State of Georgia.

BE IT FURTHER RESOLVED that this body wishes for him every success in his future endeavors.

BE IT FURTHER RESOLVED that as a token of our esteem, the Clerk of the House of Representatives is hereby authorized and directed to present an appropriate copy of this Resolution with the seal of the House of Representatives affixed thereto to Honorable William King Ponsell.

HR 97. By Messrs. Mitchell and Smith of Whitfield:
A RESOLUTION
Expressing regrets at the passing of Mrs. W. L. (Catherine Evans) Whitener; and for other purposes.
WHEREAS, Mrs. W. L. (Catherine Evans) Whitener departed her life on June 2, 1964; and
WHEREAS, Mrs. Whitener was born August 10, 1880, near the Gordon Springs and Salem settlements in Whitfield County; and
WHEREAS, as a young girl, Mrs. Whitener was eager to work with her hands and often assisted her mother in spinning cotton and wool yarns on the spinning wheel; and
WHEREAS, in 1895, Mrs. Whitener observed an antique bedspread that was inherited by her cousin, and because of her desire to have a bedspread similar to that of her cousin's, Mrs. Whitener handmade her first tufted bedspread; and
WHEREAS, many friends and relatives observed the bedspread and requested that Mrs. Whitener make a similar bedspread for them; and
WHEREAS, Mrs. Whitener continued to make bedspreads for rela tives and friends, and in the year of 1900, Mrs. Whitener sold her first bedspread for $2.50; and
WHEREAS, for more than a decade she continued to make tufted bedspreads by hand which were sold to relatives, friends and their friends; and
WHEREAS, Mrs. Whitener taught tufting to neighbors as orders

WEDNESDAY, JUNE 10, 1964

823

increased, and shortly, she had many women making spreads for her; and
WHEREAS, Mrs. Whitener's success fired the imagination of many North Georgia housewives, and with Mrs. Whitener's assistance they went into the tufting business; and

WHEREAS, during the 1930's, tufting machines began to replace woman's fingers and the needles and scissors she used; and

WHEREAS, the tufted textile manufacturing industry has con tinued to grow, and the gross income therefrom has increased from a total of $2.50 for the year 1900 to over $523 million in Georgia, over $670 million in the South and almost one billion dollars in the United States during the past year; and

WHEREAS, Mrs, W. L. (Catherine Evans) Whitener, the humble founder of today's multi-million dollar tufted textile industry, made her last appearance before the industry in 1960 at which time she was honored as the industry's founder and was presented a commemoration on which was inscribed the following:

"With Abiding Belief In Individual Creativity And Accomplishment

Under The Sovereignty Of God

This Recognition, With Regard And Affection, Is Presented To

Catherine Evans Whitener

Honoring And Paying Tribute To The Indomitable Spirit

That Has Been The Great Heritage Of The Tufted Textile Indus try."; and

WHEREAS, the State of Georgia is greatly indebted to Mrs. Whitener for founding such a massive industry of such great importance to the economy of this State.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the deepest regrets of this Body are hereby expressed at the passing of Mrs. W. L. (Catherine Evans) Whitener, and the heartfelt sympathy of this Body is hereby extended to the mem bers of her family.

BE IT RESOLVED that in order to perpetuate and memorialize the name of Mrs. W. L. (Catherine Evans) Whitener, the Clerk of the House of Representatives is hereby authorized and directed to place a copy of this Resolution in the Journal of the House of Representatives.

BE IT FURTHER RESOLVED that as a token of our common grief, the Clerk of the House of Representatives is hereby authorized

824

JOURNAL OF THE HOUSE,

and directed to transmit an appropriate copy of this Resolution with the seal of the House of Representatives affixed thereto to the family of Mrs. W. L. (Catherine Evans) Whitener, to the Tufted Textile Manu facturers Association, and to the Department of Archives and History.

HR 98. By Messrs. Smith of Grady, Coker of Cherokee and many others:
A RESOLUTION
Welcoming Honorable William R. Lindsey back to the House of Rep resentatives; and for other purposes.
WHEREAS, Honorable William R. Lindsey, the distinguished mem ber of the House of Representatives from Wilkes County, has been ill and unable to attend the Extraordinary Session of the General Assem bly until June 4; and
WHEREAS, the presence of the gentleman from Wilkes has been seriously missed by this body in its deliberations; and
WHEREAS, all members of this body are delighted by his return, and look forward to his valuable contribution to the important matters now being considered.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby heartily welcome Honorable William R. Lindsey, the distinguished gentleman from Wilkes, back to this Chamber and further expresses its sincere hope that he he has made a complete recovery from his recent illness.
BE IT FURTHER RESOLVED that the Clerk of the House of Rep resentatives is hereby authorized and directed to transmit an appro priate copy of this resolution to the Honorable William R. Lindsey.

HR 99. By Messrs. Perry of Marion, Bowen of Dooly and many others:
A RESOLUTION
Commending Honorable William T. Meeks; and for other purposes.
WHEREAS, Honorable William T. Meeks has served as a Repre sentative from Union County for three terms during the years 194748, 1949-50, and 1963-64; and
WHEREAS, he has declined to seek reelection as a Representative from Union County; and
WHEREAS, he is Secretary and Treasurer of the Union County Development Association, Inc., and also a Director of the Union County Redevelopment Corporation; and

WEDNESDAY, JUNE 10, 1964

825

WHEREAS, he is active in the civic and religious affairs of his community; and

WHEREAS, the presence of this affable, competent and under standing legislator will be seriously missed by the members of this body.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body do hereby com mend Honorable William T. Meeks for contributing six years of out standing public service as a member of this body and do further express their best wishes for the best of success in his future endeavors.

BE IT FURTHER RESOLVED that as a token of our esteem, the Clerk of the House is hereby authorized and directed to forward an appropriate copy of this Resolution to Honorable William T. Meeks, Representative, Union County.

HR 100. By Messrs. Jones and Pickard of Muscogee and Smith of Emanuel:
A RESOLUTION
Commending the Honorable Harry Dicus; and for other purposes.
WHEREAS, the Honorable Harry Dicus, the distinguished and able representative of the Georgia House of Representatives from Mus cogee County, has announced his intention to not seek reelection thereto, and consequently, will not return after the present special session of the General Assembly; and
WHEREAS, during the many years which the Honorable Harry Dicus has served in the General Assembly, he has demonstrated a unique and talented ability which has made him one of the most popular mem bers ever to have served in the General Assembly; and
WHEREAS, because of the honest, forthright integrity of this dis tinguished gentleman, he has taken many stands on questions which have not always been popular or politically advantageous to him, but nevertheless, he has seen fit to continue to press for those measures which in his own mind he felt were for the best interests of the people of the State of Georgia; and
WHEREAS, the courageous and fiery oratory often expounded by the gentleman from Muscogee will be missed as well as his bulldog tenacity to seek and achieve those results which are desired; and
WHEREAS, while we are quite sure that there are some segments of the populace, noted for their sober judgment on certain subjects, sometimes dry in nature, will be just as happy that so able an opponent will no longer rise to challenge the wisdom of their advocacy, yet we, his former colleagues, will most assuredly miss this gentleman's charm, wit, talent and wisdom.

826

JOURNAL OF THE HOUSE,

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby express its deepest and most heartfelt regrets at the loss of this able and distinguished legislator, and does wish for him continued success in all of his future endeavors.

BE IT FURTHER RESOLVED that the Clerk of the House is hereby authorized and instructed to transmit an appropriate copy of this Resolution to the Honorable Harry Dicus, Representative, Muscogee County.

HR 101. By Messrs. Sinclair of Macon, Lewis of Wilkinson and many others:
A RESOLUTION
Commending the Honorable James E. Warren; and for other pur poses.
WHEREAS, the Honorable James E. Warren, the distinguished and able Representative from Wayne County, has announced his in tentions not to seek reelection to the Georgia House of Representatives; and
WHEREAS, while serving as a member of the Georgia House of Representatives the Honorable James E. Warren has demonstrated outstanding ability of leadership and has compiled an enviable record of accomplishments for his constituents; and
WHEREAS, James E. Warren has been one of the more popular members of the General Assembly to have served therein; and
WHEREAS, the many contributions which this distinguished Geor gian has made to this body and the people of the State of Georgia will be sorely missed by this body.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend the Honor able James E. Warren, the distinguished and able Representative from Wayne County, for his many contributions made to the public service and does hereby wish for him continued success in his future endeavors.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and instructed to furnish the Honorable James E. Warren with a suitable copy of this Resolution.

HR 102. By Mr. Bynum of Rabun:
A RESOLUTION
Commending Doctor John R. Derrick for his outstanding accom plishments in the field of medicine; and for other purposes.

WEDNESDAY, JUNE 10, 1964

827

WHEREAS, Doctor John R. Derrick is a native of Rabun County, Georgia; and

WHEREAS, he expressed his ardent desire to be a good doctor even as a small boy in Rabun County; and

WHEREAS, this ambition has been realized, since Doctor Derrick has a national reputation resulting from his great contributions in the field of cardio-vascular surgery; and

WHEREAS, Doctor Derrick is now head of the cardio-vascular surgery department of the University of Texas Medical Center, John Sealy Hospital; and

WHEREAS, Doctor Derrick is totally dedicated to his profession and to the alleviation of the suffering of mankind; and

WHEREAS, Doctor Derrick will continue to make valuable con tributions to the field of medicine because of his dedication and knowl edge.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body does hereby commend Doctor John R. Derrick, native of Rabun County, Georgia, for his outstanding accomplishments in the field of medicine and expresses its pride that Georgia is the native State of such a dedicated and distinguished doctor.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to forward an appro priate copy of this Resolution with the seal of the House of Representa tives affixed thereto to Doctor John R. Derrick, Honorable John Connally, Governor of Texas, and to the President of the University of Texas.

The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate disagrees to the House amendment to the following Bill of the Senate :

SB 1. By Senators Carlton of the 21st, Webb of the llth, Jackson of the 16th, Gillis of the 20th and Zorn of the 6th:
A Bill to be entitled an Act to provide a comprehensive revision of the election and primary laws and all related laws of this State; and for other purposes.

Under the General Order of Business, the following Bill of the Senate was taken up for consideration and read the third time:

828

JOURNAL OF THE HOUSE,

SB 13. By Senator Loggins of the 53rd:
A Bill to be entitled an Act to add one additional Judge of the Superior Courts of the Lookout Mountain Judicial Circuit of Georgia, to provide the procedure connected therewith, and for other purposes.

The following Committee substitute was read and adopted:
A BILL
To be entitled an Act to add one additional judge of the superior courts of the Lookout Mountain Judicial Circuit of Georgia; to provide for the election of said judge and to fix the time at which he shall begin his term of office; to prescribe the powers of said judge; to prescribe the compensation, salary, and expense allowance of said judge to be paid by the State of Georgia; to authorize the judges of said courts to divide and allocate the work and duties thereof; to require candidates for such judgeships to designate the places for which they are running; to provide for the manner of empanelling jurors; to provide for an addi tional court reporter for said circuit; to provide for courtroom and chamber space; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Under and in accordance with the provisions of Article VI, Section III, Paragraph I, of the Constitution of the State of Geor gia of 1945 (Code Section 2-3801), one additional judge of the superior courts for the Lookout Mountain Judicial Circuit of Georgia is hereby added, thereby increasing to two the number of the judges of the supe rior courts for said circuit, effective January 1, 1965.
Section 2. Be it further enacted by the authority aforesaid that said additional judge of the superior courts for the Lookout Mountain Judicial Circuit of Georgia shall be elected in the manner now provided by law for the election of judges of the superior courts of this State at the general election for members of the General Assembly to be held in 1964, for a term of four years, beginning on the first day of January, 1965, and ending on the last day of December 1968, and until his suc cessor shall have been elected and qualified. All subsequent elections for such judge shall be for a term of four years and shall be held and con ducted as is now or may hereafter be provided by law for the election of judges of the superior courts of the State of Georgia.
Section 3. Be it further enacted by the authority aforesaid that every person who offers for nomination and election as one of the judges of said superior courts for the Lookout Mountain Judicial Circuit of Georgia shall designate with the State party authority in all State pri maries and with the proper authority in all general elections the specific place for which he offers by naming the incumbent judge whom he desires to succeed and thereupon he shall be qualified, if otherwise qualified, to run for said specific judgeship and no other. In the event

WEDNESDAY, JUNE 10, 1964

829

there is no incumbent judge in the place for which he desires to offer, the candidate shall qualify by announcing his intention to run for the office for which there is no incumbent.

Section 4. Be it further enacted by the authority aforesaid that said additional judge of the superior courts for the Lookout Mountain Judicial Circuit of Georgia shall have and may exercise all powers, duties, dignity, jurisdiction, privileges and immunities of the present judges of the superior courts of this State. Either of the two judges of said courts may preside over any cause, whether in their own or in other cir cuits, and perform any official act as judge thereof, including sitting on appellate courts as provided by law.

Section 5. Be it further enacted by the authority aforesaid that the qualifications of such additional judge shall be the same as are now provided by law for all other superior court judges, and his compensa tion, salary, and expense allowance from the State of Georgia shall be the same as that of the other judge of the superior courts of the Look out Mountain Judicial Circuit. No provisions heretofore enacted for supplement by the counties of said circuit shall be applicable to the additional judge provided for by this Act.

Section 6. Be it further enacted by the authority aforesaid that all writs and processes in the superior courts of the Lookout Mountain Judicial Circuit shall be returnable to the terms of said superior courts as they are now fixed and provided by law, or as they may hereafter be fixed or determined by law, and all terms of said courts shall be held in the same manner as though there were but one judge, it being the intent and purpose of this Act to provide two judges co-equal in juris diction and authority to attend to and perform the functions, powers and duties of the judges of said superior courts and to direct and con duct all hearings and trials in said courts.

Section 7. Be it further enacted by the authority aforesaid that said two judges of the superior courts for the Lookout Mountain Judi cial Circuit of Georgia in transacting the business of said courts and in performing their duties and responsibilities, shall share, divide and allocate the work and duties to be performed by each. In the event of disagreement between said judges in respect hereof, the decision of the senior judge shall be controlling. The position of senior judge shall alter nate between the two judges of the superior courts of the Lookout Moun tain Judicial Circuit annually. The judge of the superior courts serving at the time this Act becomes effective shall be the first senior judge, and he shall serve as such during the calendar year 1965. Thereafter, the position of senior judge shall change from the one judge to the other on the first day of January of each year beginning January 1, 1966. The senior judge in point of continuous service as a superior court judge shall have the right to appoint referees of the juvenile courts of the counties comprising said circuit; and, in the event a juvenile court is established in any county within said circuit under the provisions of the Juvenile Court Act of 1951, as amended (Code Supp. Section 24-2403), the senior judge in point of continuous service shall appoint the judge of said court as provided by law. The two judges of the supe rior courts of the Lookout Mountain Judicial Circuit shall have, and

830

JOURNAL OF THE HOUSE,

they are hereby clothed with full power, authority and discretion to determine from time to time, and term to term, the manner of calling the dockets and or fixing the calendars and order of business in said courts. They may assign the hearing of trials by jury for a term to one of said judges, and the hearing of all other matters not requiring a trial by a jury to the other judge, and they may alternate such order of business at the next term. They may either of them conduct trials by J urY at the same time within said circuit, or they may both or any one of them hear chambers business and motion business at the same time within said circuit. They may provide in all respects for holding the superior courts of said circuit so as to facilitate the hearing and determinination of all trie business of said courts at any time pending and ready for trial or hearing. In all such matters relating to the man ner of fixing, arranging for, and disposing of the business of said courts, and making appointments as authorized by law where the judges there of cannot agree or shall differ, the opinion or order of the senior judge as hereinbefore defined shall control.

Section 8. The drawing and empanelling of all jurors, whether grand, petit, or special may be by either of the judges of the superior courts of said circuit, and they, or either of them, shall have full power and authority to draw and empanel jurors for service in said courts so as to have jurors for the trial of cases before either of said judges separately, or before each of them at the same time.

Section 9. The two judges of the Lookout Mountain Judicial Cir cuit shall be authorized and empowered to appoint an additional court reporter for such circuit, whose compensation shall be as now or here after provided by law.

Section 10, The governing authority of the respective counties comprising the Lookout Mountain Judicial Circuit are hereby fully au thorized and empowered to provide such suitable courtrooms, jury rooms and chambers for the two judges of the Lookout Mountain Judicial Cir cuit as may be necessary upon the recommendation of said judges.

Section 11. All writs, processes, orders, subpoenas, and any other official paper issuing out of the superior courts of the Lookout Moun tain Judicial Circuit may bear teste in the name of any judge of said Lookout Mountain Judicial Circuit, and when issued by and in the name of any judge of said circuit, shall be fully valid and may be heard and determined before the same or any other judge of said circuit. Any judge of said courts may preside over any cause therein and perform any official act as judge thereof.
Section 12. Be it further enacted by the authority aforesaid that the sections of this Act are separately enacted and it is the intention of the General Assembly that if any one or more sections of this Act should be declared unconstitutional by the Supreme Court of Georgia, or the Supreme Court of the United States, such declaration shall not affect the other or remaining sections of this Act.
Section 13. Be it further enacted by the authority aforesaid that

WEDNESDAY, JUNE 10, 1964

831

all laws or parts of laws in conflict with the provisions of this Act be and the same are hereby repealed.

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

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

Those voting in the affirmative were Messrs.:

Abney Acree Anderson Arnsdorff Bagby Barber Baughman Beck Bedgood Black Blalock, D. B. Blalock, E. Bowen, A. Bowen, R. L. Bowen, R. W. Brooks, Wilson Brown Busbee Bynum Byrd Caldwell Causby Clark, J. T. Clarke, H. G. Coker, G., Dr. Conner Cullens Davis Deen, H. D. Dennard DeVane Dixon Duncan, A. C. Plournoy Floyd Flynt Fowler, J. W. Funk Greene Griffin

Groover Hale Hall Harrell Harris Henderson Herndon Hill House Houston Hull Hurst Isenberg Johnson, A. S., Dr. Johnson, B. Jones, C. M. Jones, F. C. Jones, M. Jordan, J. E. Jordan, W. H. Keadle Killian Knight, W. D. Laite Lambert Lane Lee, G. B. Lee, W. J. (Bill) Lee, Wm. S. Leonard Lewis Lindsey Lokey Lowrey Mackay Matthews, C. Matthews, D. R. McClelland, R. McCracken, J. R. McKemie

Meeks Melton Milford Mitchell Mixon Moore Morgan, H. Morgan, J. H. Murphy Nessmith Newton, A. S. Newton, D. L. Odora Overby Paris Parker Partridge Payton Perry Peterson Phillips Ponsell Poole Pope Poss Raulerson Reaves Rhodes Richardson Roberts Rodgers, H. B. Rogers, Jimmie Roper Rowland Shea Simmons Simpson Sinclair Singer Smith, A. C., Jr.

832
Smith, R. R. Smith, V. T. Snow Spikes Stalnaker Steis Story Strickland Tabb

JOURNAL OF THE HOUSE,

Towson Tucker, J. B. Tucker, Ray M. Twitty Underwood, R. R. Vaughn Ware Warren Watts

Wells, D. W. Wells, H. H. William, G. J. Wilson, Hoke Wilson, J. M. Woodward Hudgins

Voting in the negative was Mr. Pafford.

Those not voting were Messrs.:

Alien Andrews Ballard Bell Blair Bolton Bowen, R. P. Brackin Branch Brantley Brooks, Geo. B. Carr Chandler Coker Conger Dean, N. Dicus Dorminy Duncan, J. E. Echols

Etheridge Fleming Fowler, A. A., Jr. Fulford Gibbons Harrington Horton Jones, D. C. Kelly Keyton Kirkland Knight, D. W. Logan McDonald Milhollin Moate Mullis Pickard Rainey Russell

Rutland Scarborough Sewell Shuman
Smith, Chas. C. Smith, E. B., Jr. Smith, G. L. II Stuckey Teague Todd Tucker, M. K. Underwood, J. C. Walker Watson White Wiggins Wilkes Williams, W. M. Smith, G. T.

On the passage of the Bill, by substitute, the ayes were 145, nays 1.

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

Mr. Busbee of Dougherty asked unanimous consent that the House insist on its position on the following Bill of the Senate and a Committee of Conference be appointed:

SB 1. By Senators Carlton of the 21st, Webb of the llth, Jackson of the 16th, Gillis of the 20th and Zorn of the 6th:
A Bill to be entitled an Act to provide a comprehensive revision of the election and primary laws and all related laws of this State, and for other purposes.

WEDNESDAY, JUNE 10, 1964

833

The consent was granted and the House has insisted on its position and the Speaker appointed the following members as a Committee of Conference on the part of the House:

Messrs. Busbee of Dougherty, Hale of Dade and Bagby of Paulding.

Mr. Bolton of Spalding moved that this House do now adjourn until 11:00 o'clock a.m. tomorrow morning and the motion prevailed.

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

834

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia Thursday, June 11, 1964

The House met pursuant to adjournment at 11:00 o'clock, A.M., this day and was called to order by the Speaker.
Prayer was offered by Rev. Rutland Courtney, Pastor, Dawson St. Baptist Church, Thomasville, Ga.
By unanimous consent the call of the roll was dispensed with.
Mr. Clarke of Monroe, Chairman of the Committee on Auditing, Enrolling, Engossing and Journals reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introductions 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 Resolutions of the House were read the first time and referred to the Committees:
HB 79. By Messrs. Towson and Knight of Laurens: A Bill to be entitled an Act to amend an Act creating a new charter

THURSDAY, JUNE 11, 1964

835

for the City of Dublin, as amended, so as to change the hours for which the polls shall remain open for elections conducted within the City of Dublin; and for other purposes.

Referred to the Committee on Local Affairs.

HB 80. By Mr. Clarke of Monroe:
A Bill to be entitled an Act to authorize the use of voting machines in all elections conducted within Monroe County and the City of Forsyth; and for other purposes.

Referred to the Committee on Local Affairs.

HR 88-80. By Messrs. Dicus, Jones and Pickard of Muscogee:
A Resolution proposing an amendment to the Constitution so as to exempt personal clothing and effects, household furniture, furnishings, equipment and other personal property used within the home, and not held for sale, rental, or other commercial use, in Muscogee County from all State and county ad valorem taxation; and for other purposes.

Referred to the Committee on Judiciary.

By unanimous consent, the following Bill of the House was read the second time:
HB 78. By Messrs. Towson and Knight of Laurens: A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Roads and Revenues for the County of Laurens, as amended, so as to change the method of selection of an accountant to conduct an audit of the books; and for other purposes.
Mr. Hale of Dade County Chairman of the Committee on Local Affairs sub mitted the following report:
Mr. Speaker:
Your Committee on Local Affairs has had under consideration the following Bills and Resolutions of the House and Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HR 38-45. Do Pass.

836

JOURNAL OF THE HOUSE,

HR 83-75. Do Pass.

HR 84-77. Do Pass.

HB 67. Do Pass.

HB 74. Do Pass.

HB 76. Do Pass.

HB 77. Do Pass.

SR 12. Do Pass.

SB

14. Do Pass.

HB 75. Do Pass by Committee Substitute.

Respectfully submitted,

Hale of Dade

Chairman.

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 85. By Messrs. Rainey of Crisp, Johnson of Warren, Coker of Turner, Snow of Walker and many, many others:
A Resolution commending the officials of the Atlanta Times; and for other purposes.

The following Resolution of the House was read and adopted:

HR 103. By Mr. Smith of Emanuel:
A RESOLUTION
Commending Master Dickie English and naming him "Fisherman of the Year"; and for other purposes.
WHEREAS, Master Dickie English, age 9, of Warrenton, Georgia, is the son of Mr. and Mrs. C. E. English, Jr.; and

THURSDAY, JUNE 11, 1964

837

WHEREAS, Dickie is interested in sports and is an ardent fisher man; and

WHEREAS, on a recent fishing trip to the Ogeechee River near Oliver, Georgia, on May 23 and 24, 1964, Dickie caught four Rock Bass that weighed 23 pounds, 19 pounds, 18 pounds and 11 pounds, respective ly; and

WHEREAS, at the time of catching said Rock Bass, Dickie was using a rod equipped with a spinning reel and thirty-pound test line; and

WHEREAS, landing fish of this size requires great ability, more especially by a nine-year old; and

WHEREAS, Dickie's ability as a fisherman is acclaimed by all who are familiar with his talents.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that Master Dickie English is hereby commended for his intense interest in the sport of fishing and he is hereby named and designated as the "Fisherman of the Year".

BE IT FURTHER RESOLVED that Mr. and Mrs. C. E. English, Jr. are hereby commended for their intense interest in their children and for allowing Dickie to participate in one of Georgia's greatest and fastest growing sports.

BE IT FURTHER RESOLVED that as a token of our esteem, the Clerk of the House of Representatives is hereby authorized and directed to forward an appropriate copy of this Resolution to Master Dickie English.

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

HB 67. By Mr. Davis of Heard:
A Bill to be entitled an Act to revise the corporate charter of the City of Franklin in the County of Heard and provide a new charter thereof, and for other purposes.

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

On the passage of the Bill, the ayes were 120, nays 0.

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

838

JOURNAL OF THE HOUSE,

,

HB 74. By Mr. Fowler of Douglas:

;

A Bill to be entitled an Act to amend an Act creating a new charter

for the City of Douglasville in the County of Douglas, so as to extend

the corporate limits of said city, and for other purposes.

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

On the passage of the Bill, the ayes were 120, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 76. By Mr. Conner of Jeff Davis:
A Bill to be entitled an Act to amend an Act providing a new charter for the City of Hazelhurst, so as to authorize the City of Hazelhurst to close streets and alleys located within the City, and for other purposes.

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

On the passage of the Bill, the ayes were 120, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 77. By Mr. Clarke of Monroe: A Bill to be entitled an Act to amend an Act consolidating the various Acts incorporating the City of Forsyth, so as to authorize the use of voting machines in elections conducted within the City, and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 120, nays 0.

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

THURSDAY, JUNE 11, 1964

839

SB 14. By Senators Brown of the 34th, Coggin of the 35th, Brewer of the 39th and others:
A Bill to be entitled an Act to amend an Act to create the City of At lanta and Fulton County Recreation Authority, so as to provide that successors to certain designated members of said Authority shall be appointed by the Commissioners of Roads and Revenue of Pulton County, and for other purposes.

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

On the passage of the Bill, the ayes were 120, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 75. By Messrs. Jones, Dicus and Pickard of Muscogee: A Bill to be entitled an Act to amend the Charter of the City of Colum bus setting the compensation of the Commissioners; and for other pur poses.
The following Committee substitute was read and adopted:
A BILL
To be entitled an Act to amend the Charter of the City of Columbus approved August 5, 1921 (Ga. Laws 1921, p. 800), as amended, so as to change the method of setting the salary for the members of the Com mission of the City of Columbus; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. The Charter of the City of Columbus approved August 5, 1921 (Ga. Laws 1921, p. 800), as amended, is hereby amended by striking Section 10 in its entirety and by inserting in lieu thereof a new Section 10 to read as follows:
"Section 10. Beginning January 1, 1965, the members of the Commission of the City of Columbus shall, by a majority vote of the Commission, establish their own salary, said salary in any event, not to exceed Five Hundred Dollars ($500.00) per month."
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

840

JOURNAL OF THE HOUSE,

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

On the passage of the Bill, by substitute, the ayes were 120, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

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

The Speaker announced the House adjourned until 10:00 o'clock a.m. tomor row morning.

FRIDAY, JUNE 12, 1964

841

Representative Hall, Atlanta, Georgia Friday, June 12, 1964

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

Prayer was offered by Rev. Reynolds Greene, Jr. Pastor, 1st Methodist Church, LaGrange, Ga.
By unanimous consent the call of the roll was dispensed with.
Mr. Clarke of Monroe, Chairman of the Committee on Auditing, Enrolling, Engrossing and Journals reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. 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 read the second time:

HB 79. By Messrs. Towson and Knight of Laurens:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Dublin, as amended, so as to change the hours for which the polls shall remain open for elections conducted within the City of Dublin; and for other purposes.

842

JOURNAL OF THE HOUSE,

HB 80. By Mr. Clarke of Monroe:
A Bill to be entitled an Act to authorize the use of voting machines in all elections conducted within Monroe County and the City of Forsyth; and for other purposes.

HR 88-80. By Messrs. Dicus, Jones and Pickard of Muscogee:
A Resolution proposing an amendment to the Constitution so as to ex empt personal clothing and effects, household furniture, furnishings, equipment and other personal property used within the home, and not held for sale, rental, or other commerical use, in Muscogee County from all State and county ad valorem taxation; and for other purposes.

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

HR 95. By Messrs. Matthews of Clarke, Brooks of Oglethorpe, Paris of Barrow,
Walker of Lowndes and others: A Resolution Commending the Honorable Wilson Wilkes and the Honor able Render Hill; and for other purposes.

Senator Byrd of the 17th asked unanimous consent that the Secretary of the Senate ask the Clerk of the House to return to the Senate HR 14-16, pertaining to Upson County, for an amendment.

Mr. Peterson of Houston moved that this 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. Mon day morning.

MONDAY, JUNE 15, 1964

843

Representative Hall, Atlanta, Georgia Monday, June 15, 1964

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

The following prayer was offered by Rev. Abner Tippett, Pastor, First Baptist Church, Gordon, Georgia.

O God, our Heavenly Father, we come to thee in prayer not as deserving creatures of thy creation, but as humble, penient, petitioning human beings molded and made by Thy will. We rely heavily on Thy mercy and endureth forever upon Thy grace which is so sufficient and satisfying.
We know we have not pleased Thee in all our endeavors, under takings, activities and thinking. We have dirtied our minds with wrong attitudes, we have soiled our souls with sin, we have lifted up our hands unto unclean things, we have planted our feet on shaky and sandy grounds.
Lord, in these days of turbulent trials and confusion with evil press- ing in on all sides, be with us yet in Thy mighty power. Save us from ourselves, show us how little we are without Thee, show us how big we can be through Thy will and purpose for our lives. Where there is weakness bestow strength, where there is hatred bestow love, where there is prejudice and bigotry bestow good will and long suffering, where there is arrogancy bestow humbleness, where there is injustice bestow justice, where there is ignorance bestow knowledge, where there is only intelligence bestow good common horse sense, where there is unfaith fulness bestow loyalty, where there is discord and dissension bestow harmony and unity, where there is compromise bestow conviction. Lord, keep us from preaching what we do not practice, save us from hot heads that would cause us to act foolishly, unwisely, insanely and unjustly and from cold feet that would keep us from acting at all.
Lord, bless these men and leaders of our State in their work, help them to realize that they are not only repersentatives of the people, but also representatives of God. We pray that they might have a successful session, but help them to know that the only real success that can come into our lives is when God is taken into our plans. Hear us and help us in these hours, we pray in the name of the Lord, Jesus Christ, Amen.

By unanimous consent the call of the roll was dispensed with. Mr. Clarke of Monroe, Chairman of the Committee on Auditing, Enrolling,

844

JOURNAL OP THE HOUSE,

Engrossing and Journals reported that the Journal of the previous legislative day had been read and found to be correct.

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

The Journal was confirmed.

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions.
2. First reading and reference of House Bills and Resolutions.
3. 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 of the Senate was read the first time and referred to the Committee:
SB 17. By Senators Brown of the 34th, Coggin of the 35th, Salome of the 36th, and others: A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Atlanta, so as to provide that the Mayor and Board of Aldermen shall have full and complete power and authority to require every person, firm or corporation engaged in the business of selling spiritous, vinous or malt liquors at wholesale, to pay excise taxes based on the quantity or value of the commodity sold; and for other purposes.

Referred to the Committee on Local Affairs.
By unanimous consent, the following Resolutions of the House and Senate were taken up for consideration and read the third time:

SB 12. By Senators Kendrick of the 32nd and Yancey of the 33rd:

MONDAY, JUNE 15, 1964

845

A RESOLUTION

Proposing1 an amendment to the Constitution so as to authorize Cobb County to construct, extend, repair and maintain sidewalks outside the limits of any incorporated municipality within the county; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:

Section 1. Article VII, Section IV, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following:

"The governing authority of Cobb County is authorized to ex pend any funds of the county available to them for the purpose of constructing, extending, repairing and maintaining sidewalks out side the limits of any incorporated municipality within the county."

Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.

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

"For ratification of amendment to the Constitution so as to authorize Cobb County to construct, extend, repair and maintain sidewalks outside the limits of any incorporated municipality within the county.

"Against ratification of amendment to the Constitution so as to authorize Cobb County to construct, extend, repair and maintain sidewalks outside the limits of any incorporated municipality within the county.

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

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as re turns for elections for members of the General Assembly, and it shall

846

JOURNAL OF THE HOUSE,

be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.

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

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

Those voting in the affirmative were Messrs.:

Abney Acree Anderson Arnsdorff Bagby Ballard Barber Baughman Beck Bedgood Black Blair Blalock, D. B. Blalock, E. Bolton Bowen, A. Bowen, R. L.
Bowen, R. W. Brackin Branch Brantley Brown Busbee Bynum Byrd Carr Causby Clarke, H. G. Coker, G., Dr. Coker, R. Conger Conner Davis Dean, N. Deen, H. D. Dennard DeVane Dorminy Duncan, A. C.

Duncan, J. E. Echols Etheridge Flournoy Floyd Flynt Fowler, A. A., Jr. Fowler, J. W. Fulford Funk Gibbons Griffin Harrell Harris Henderson Hill Horton House Hull Hurst Isenberg Johnson, A. S., Dr. Johnson, B. Jones, C. M. Jordan, J. E. Keadle Kelly Killian Kirkland Knight, W. D. Laite Lane Lee, G. B. Lee, W. J. (Bill) Lee, Wm. S. Lewis Lindsey Logan Lokey

Lowrey Mackay Matthews, C. Matthews, D. R. McClelland McCracken McKemie Meeks Melton Milford Milhollin Mitchell Moate Moore Morgan, J. H. Murphy Nessmith Newton, A. S. Overby Pafford Partridge Payton Perry Peterson Phillips Ponsell Poole Pope Rainey Raulerson Rhodes Richardson Roberts Rogers, Jimmie Roper Rowland Russell Sewell Shea

Simmons Simpson Sinclair Singer Smith, A. C., Jr. Smith, Chas. C. Smith, E. B., Jr. Smith, G. L. II Smith, R. R. Smith, V. T. Snow Spikes Stalnaker

MONDAY, JUNE 15, 1964
Steis Story Strickland Stuckey Teague Todd Tucker, M. K. Tucker, Ray M. Twitty Underwood, J. C. Underwood, R. R. Vaughn Walker

847
Ware Warren Watson Watts Wells, D. W. Wells, H. H. White Wiggins Williams, G. J. Williams, W. M. Wilson, Hoke Woodward Hudgins

Those not voting were Messrs.:

Alien Andrews Bell Bowen, R. P. Brooks, Geo. B. Brooks, Wilson Caldwell Chandler Clark, J. T. Cullens Dicus Dixon Fleming Greene Groover Hale Hall

Harrington Herndon Houston Jones, D. C. Jones, F. C. Jones, M. Jordan Keyton Knight, D. W. Lambert Leonard McDonald Mixon Morgan, H. Mullis Newton, D. L. Odom

Paris Parker Pickard Poss Reaves Rodgers, H. B. Rutland Scarborough Shuman Tabb Towson Tucker, J. B. Wilkes Wilson, J. M. Smith, G. T.

On the adoption of the Resolution, the ayes were 156, nays 0.

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

HR 84-77. By Messrs. Melton and Bolton of Spalding:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the governing authority of Spalding County to issue general obligation bonds for the purpose of establishing educational facilities beyond the twelfth grade and to levy taxes for the payment of such bonds; to pro-

848

JOURNAL OF THE HOUSE,

vide for the submission of this amendment for ratification or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1
Article VII, Section VII, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following:

"Any other provision of the Constitution to the contrary not withstanding, the governing authority of Spalding County is hereby authorized and empowered to (1) acquire real property and to ac quire, construct and equip buildings and facilities for education beyond the twelfth grade and to convey any such property so acquired to the Board of Regents of the University System of Georgia, its successors or assigns; (2) contribute funds to the Board of Regents of the University System of Georgia to be applied to ward the acquisition of real property and the acquisition, construc tion and equipping of buildings and facilities for education beyond the twelfth grade.

"In order to finance such undertaking, the governing authority of Spalding County is hereby authorized to issue, from time to time, general obligation bonds bearing the rate or rates of interest and maturing at the years and amounts determined by said governing authority. Any bonds issued pursuant to the authority herein granted shall be issued in accordance with the provisions of this Constitu tion and the laws governing the issuance of general obligation bonds. The taxes assessed, levied and collected for the payment of the bonded indebtedness incurred pursuant to the provisions herein shall be upon all the taxable property in Spalding County, includ ing any such property in any municipal or independent school sys tem or district. The bonded indebtedness herein authorized shall be in addition to any other limitations stated in this Constitution particularly the limitations set out in this paragraph. Prior to exercising the authority herein granted, the governing authority of Spalding County shall have contracted with the Board of Regents of the University System of Georgia to convey any property or funds so acquired to the Board of Regents of the University System of Georgia; and the Board of Regents shall have contracted with the governing authority of Spalding County to accept any such prop erty or funds for the purpose of constructing and equipping such buildings and facilities and to operate and maintain the same as a unit of the University System of Georgia rather than as a part of the public school system of this State."

SECTION 2

When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two

MONDAY, JUNE 15, 1964

849

branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.

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

"For ratification of amendment to the Constitution so as to au thorize the governing authority of Spalding County to issue general obligation bonds for the purpose of establishing educational facili ties beyond the twelfth grade.

"Against ratification of amendment to the Constitution so as to authorize the governing authority of Spalding County to issue general obligation bonds for the purpose of establishing educational facilities beyond the twelfth grade."

All persons desiring to vote in favor of adopting the proposed amend ment shall vote for ratification of the amendment, and all persons de siring to vote against the adoption of the proposed amendment shall vote against ratification.

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

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 Acree Anderson Arnsdorff Bagby Ballard Barber Baughman Beck

Bedgood Black Blair Blalock, D. B. Blalock, E. Bolton Bowen, A. Bowen, R. L. Bowen, R. W.

Brackin Branch Brantley Brown Busbee Bynum Byrd Carr Causby

850

JOURNAL OF THE HOUSE,

Clarke, H. G. Coker, G., Dr. Coker, R. Conger Conner Davis Dean, N. Deen, H. D. Dennard DeVane Dorminy Duncan, A. C. Duncan, J. E. Echols Etheridge Flournoy Floyd Flynt Fowler, A. A., Jr. Fowler, J. W. Fulford Funk Gibbons Griffin Harrell Harris Henderson Hill Horton House Hull Hurst Isenberg Johnson, A. S., Dr. Johnson, B. Jones, C. M. Jordan, J. E. Keadle Kelly Killian Kirkland Knight, W. D. Laite

Lane Lee, G. B. Lee, W. J. (Bill) Lee, Wm. S. Lewis Lindsey Logan Lokey Lowrey Mackay Matthews, C. Matthews, D. R. McClelland McCracken McKemie Meeks Melton Milford Milhollin Mitchell Moate Moore Morgan, J. H. Murphy Nessmith Newton, A. S. Overby Pafford Partridge Payton Perry Peterson Phillips Ponsell Poole Pope Rainey Raulerson Rhodes Richardson Roberts Rogers, Jimmie Roper

Rowland Russell Sewell Shea
Simnions Simpson Sinclair Singer Smith, A. C., Jr. Smith, Chas. C. Smith, E. B., Jr. Smith, G. L. II
Smith, R. R. Smith, V. T. Snow Spikes Stalnaker Steis Story Striokland Stuckey Teague Todd Tucker, M. K. Tucker, Ray M. Twitty Underwood, J. C. Underwood, R. R. Vaughn Walker Ware Warren Watson Watts Wells, D. W. Wells, H. H. White Wiggins Williams, G. J. Williams, W. M. Wilson, Hoke Woodward Hudgins

Those not voting were Messrs.:

Alien Andrews Bell Bowen, R. P. Brooks, Geo. B. Brooks, Wilson

Caldwell Chandler Clarke, J. T. Cullens Dicus Dixon

Fleming Greene Groover Hale Hall Harrington

Herndon Houston Jones, D. C. Jones, F. C. Jones, M. Jordan, W. H. Keyton Knight, D. W. Lambert Leonard McDonald

MONDAY, JUNE 15, 1964
Mixon Morgan, H. Mullis Newton, D. L. Odom Paris Parker Pickard Poss Reaves Rodgers, H. B.

851
Rutland Scarborough Shuman Tabb Towson Tucker, J. B. Wilkes Wilson, J. M. Smith, G. T.

On the adoption of the Resolution, the ayes were 156, nays 0.

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

HE 72-69. By Messrs. Keyton and Russell of Thomas:
A RESOLUTION
Proposing an amendment to Article VII, Section VII, Paragraph V of the Constitution so as to authorize Thomas County to issue revenue obligations for the purpose of paying costs of cerain projects; to provide for the repayment of such obligations; to provide the means of issuing such obligations; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1
Article VII, Section VII, Paragraph V of the Constitution of the State of Georgia is hereby amended by adding at the end thereof the following:
"Anything in this Constitution to the contrary notwithstanding, Thomas County, by and through its governing authority, may issue revenue obligations to provide funds to pay the cost, in whole or in part, of acquiring, constructing, extending or improving any public property or facility, including roads, tunnels, bridges, airports, water, sewerage and garbage collection, treatment and disposal systems, gas and electric systems (including dams, reservoirs, gen erating stations and the like), recreational, amusement, educational and exhibition facilities, public parking buildings and facilities (including parking meters), public facilities for the transportation of passengers for hire and for such other kinds of public property

852

JOURNAL OF THE HOUSE,

and facilities as may be authorized by the General Assembly. Such obligations shall be payable, as to principal and interest, solely from revenue produced from public property or facilities and pledged to the payment thereof and shall not be deemed to be debts of, or to create debts against the issuer within the meaning of any pro vision of this Constitution and any revenues other than taxes may be pledged to the payment of such obligations though such revenues are to be received from property other than that being acquired, constructed or improved; provided, however, before any such obli gations may be issued for the purpose of initially acquiring, con structing or equipping gas or electric generation or distribution systems, or for the purpose of extending any such system beyond the limits of Thomas County, the same shall first be authorized by a majority of those voting at an election held for that purpose in Thomas County; and provided further that a majority of the registered voters of Thomas County shall vote in said election. No election shall be required to authorize the issuance of any obliga tions, the proceeds of which shall be used solely for the purpose of refunding outstanding obligations. Provided that after a favorable election has been held as set forth above, if Thomas County shall purchase, construct, or operate such electric or gas utility plants from the proceeds of said revenue certificates, and extend its serv ices beyond the limits of the county unless such service is merely incidental to its transmission lines, then its services rendered and property located outside said county shall be subject to taxation and regulation as are privately owned and operated utilities. No issuer shall exercise the power of taxation for the purpose of paying the principal of or the interest on any such obligations."

SECTION 2

When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such pro posed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.

The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"For ratification of an amendment to Article VII, Section VII, Paragraph V of the Constitution so as to authorize Thomas County to issue revenue obligations for the purpose of paying costs of cer tain projects; to provide for the repayment of such obligations; and to provide the means of issuing such obligations.
"Against ratification of an amendment to Article VII, Section VII, Paragraph V of the Constitution so as to authorize Thomas County to issue revenue obligations for the purpose of paying costs of certain projects; to provide for the repayment of such obligations; and to provide the means of issuing such obligations."

MONDAY, JUNE 15, 1964

853

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

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

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

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

Those voting in the affirmative were Messrs.:

Abney Acree Anderson Arnsdorff Bagby Ballard Barber Baughman Beck Bedgood Black Blair Blalock, D. B. Blalock, E. Bolton Bowen, A. Bowen, R. L. Bowen, R. W. Brackin Branch Brantley Brown Busbee Bynum Byrd Carr Causby Clarke, H. G. Coker, G., Dr.

Coker, R. Conger Conner Davis Dean, N. Deen, H. D. Dennard DeVane Dorminy Duncan, A. C. Duncan, J. E. Echols Etheridge Plournoy Floyd Flynt Fowler, A. A., Jr. Fowler, J. W. Fulford Funk Gibbons Griffin Harrell Harris Henderson Hill Horton House Hull

Hurst Isenberg Johnson, A. S., Dr. Johnson, B. Jones, C. M. Jordan, J. E. Keadle Kelly Killian Kirkland Knight, W. D. Laite Lane Lee, G. B. Lee, W. J., (Bill) Lee, Wm. S. Lewis Lindsey Logan Lokey Lowrey Mackay Matthews, C. Matthews, D. R. McClelland McCracken McKemie Meeks Melton

854
Milford Milhollin Mitchell Moate Moore Morgan, J. H. Murphy Nessmith Newton, A. S. Overby Pafford Partridge Payton Perry Peterson Phillips Ponsell Poole Pope Rainey Raulerson Rhodes Richardson

JOURNAL OF THE HOUSE,

Roberts Rogers, Jimmie Roper Rowland Russell Sewell Shea Simmons Simpson Sinclair Singer
Smith, A. C., Jr. Smith, Chas. C. Smith, E. B., Jr. Smith, G. L., II Smith, R. R. Smith, V. T. Snow Spikes Stalnaker Steis Story Strickland

Stuckey Teague Todd Tucker, M. K. Tucker, Ray M. Twitty Underwood, J. C. Underwood, R. R. Vaughn Walker Ware Warren Watson Watts Wells, D. W. Wells, H. H. White Wiggins Williams, G. J. Williams, W. M. Wilson, Hoke Woodward Hudgins

Those not voting were Messrs. :

Alien Andrews Bell Bowen, R. P. Brooks, Geo. B. Brooks, Wilson Caldwell Chandler Clark, J. T. Cullens Dicus Dixon Fleming Greene Groover Hale Hall

Harrington Herndon Houston Jones, D. C. Jones, F. C. Jones, M. Jordan, W. H. Keyton Knight, D. W. Lambert Leonard McDonald Mixon Morgan, H. Mullis Newton, D. L. Odom

Paris Parker Pickard Poss Reaves Rodgers, H. B. Rutland Scarborough Shuman Tabb Towson Tucker, J. B. Wilkes Wilson, J. M. Smith, G. T.

On the adoption of the Resolution, the ayes were 156, nays 0.
The Resolution, having received the requisite two-thirds constitutional major ity, was adopted.
HR 63-68. By Messrs. Newton and Matthews of Colquitt:

MONDAY, JUNE 15, 1964

855

A RESOLUTION

Proposing an amendment to the Constitution so as to clarify certain provisions relative to the Moultrie-Colquitt County Development Author ity insofar as the extent of the Authority's operations are concerned; to provide for the issuance of bonds by the Authority; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:

SECTION 1
Article VII, Section V, Paragraph I of the Constitution is hereby amended by striking therefrom the following:

"(1) To buy, acquire, develop, improve, own, operate, maintain, sell, lease as lessor and lessee, and mortgage land, buildings and property of all kinds within the limits of the City of Moultrie and Colquitt County;

"(3) To grant, loan and lease any of its funds and property to private persons and corporations promising to operate any industrial plant or establishment within the City of Moultrie and Colquitt County which in the judgment of the Authority will be of benefit to the people of said city and county. The provisions of this clause shall not be construed to limit any other powers of the Authority;

"(5) To contract with the City of Moultrie and Colquitt County, and other political subdivisions and with private persons and cor porations and to sue and be sued in its corporate name;

"(7) To encourage and promote the expansion of industry, agriculture, trade and commerce in the City of Moultrie and Col quitt County, and to make long range plans therefor;

"I. The Authority is hereby authorized to issue Revenue Bonds to carry out the purposes of this amendment. Revenue Bonds, thus issued, shall be paid from the income of the Authority.

"M. The General Assembly may by law further define and prescribe the powers and duties of the Authority and the exercise thereof, and may enlarge and redistrict the same, and may likewise further regulate the management and conduct of the Authority. The Authority shall be an instrumentality of the City of Moultrie and Colquitt County, and the scope of its operation shall be limited to the territory embraced therein. The General Assembly shall not extend the jurisdiction of the Authority nor the scope of its operation beyond such limits.",

856

JOURNAL OF THE HOUSE,

and substituting in lieu thereof, respectively, the following:

"(1) To buy, acquire, develop, improve, own, operate, maintain, sell, lease as lessor and lessee, and mortgage land, buildings and property of all kinds within the limits of the City of Moultrie or Colquitt County;

"(3) To grant, loan and lease any of its funds and property to private persons and corporations promising to operate any industrial plant or establishment within the City of Moultrie or Colquitt County which in the judgment of the Authority will be of benefit to the people of said city and county. The provisions of this clause shall not be construed to limit any other powers of the Authority;

"(5) To contract with the City of Moultrie, Colquitt County and other political subdivisions and with private persons and corporations and to sue and be sued in its corporate name;

"(7) To encourage and promote the expansion of industry, agriculture, trade and commerce in the City of Moultrie and in Colquitt County, and to make long range plans therefor;

"I. The Authority is hereby authorized to issue Revenue Bonds to carry out the purposes of this amendment. Revenue Bonds so issued shall be paid from the income of the Authority from whatever sources received including appropriations of public funds made to it. Such Revenue Bonds may be authorized by resolution of the Moultrie-Colquitt County Development Authority which may be adopted at a regular or special meeting by a majority vote of the members of said Authority. Said Authority in determining the cost of any undertaking for which Revenue Bonds are to be issued may include all costs relative to the issuance thereof as well as engineer ing, inspection, fiscal and legal expenses, and interest estimated to accrue during the construction period, and for six months there after and such bonds shall bear such date or dates, mature at such time or times, not exceeding thirty years from their respective dates, bear interest at such rate or rates not exceeding seven per cent per annum, and may be in such denominations and may carry such registration privileges and be subject to redemption and may con tain such terms, covenants, assignments and conditions as the resolu tion authorizing the issuance of such bonds may provide. All bonds and the interest so issued by said Authority are hereby declared to be non-taxable for any and all purposes. Such bonds issued by the said Authority shall be validated in the Superior Court of Colquitt County in the same manner as revenue bonds of municipalities are validated as provided in Code Sections 87-815 et seq of the Code of Georgia. In the event no bill of exceptions shall be filed within the time prescribed by law, or if filed, the judgment shall be affirmed by the Supreme Court, the judgment of the Superior Court, con firming and validating the issuance of such bonds, shall be forever conclusive as to the validity of said bonds and the security therefor against said Authority.

MONDAY, JUNE 15, 1964

857

"M. The General Assembly may by law further define and prescribe the powers and duties of the Authority and the exercise thereof, and may enlarge and restrict the same, and may likewise further regulate the management and conduct of the Authority. The Authority shall be a body corporate and politic, and the scope of its operation shall be limited to the territory embraced within Colquitt County. The General Assembly shall not extend the jurisdiction of the Authority nor the scope of its operation beyond such limits."

SECTION 2

When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such pro posed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.

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

"For ratification of amendment to the Constitution so as to clarify certain provisions relative to the Moultrie-Colquitt County Development Authority insofar as the extent of the Authority's operations are concerned, and to provide for the issuance of bonds.

"Against ratification of amendment to the Constitution so as to clarify certain provisions relative to the Moultrie-Colquitt County Development Authority insofar as the extent of the Authority's operations are concerned, and to provide for the issuance of bonds."

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

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

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

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

858

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Those voting in the affirmative were Messrs.:

Abney Acree Anderson Arnsdorff Bagby Ballard Barber Baughman Beck Bedgood Black Blair Blalock, D. B. Blalock, E. Bolton Bowen, A. Bowen, R. L. Bowen, R. W. Brackin Branch Brantley Brown Busbee Bynum Byrd Carr Causby Clarke, H. G. Coker, G., Dr. Coker, R. Conger Conner Davis Dean, N. Deen, H. D. Dennard DeVane Dorminy Duncan, A. C. Duncan, J. E. Echols Etheridge Plournoy Floyd Flynt Fowler, A. A., Jr. Fowler, J. W. Fulford Funk Gibbons Griffin Harrell

Harris Henderson Hill Horton House Hull Hurst Isenberg Johnson, A. S. ( Dr. Johnson, B. Jones, C. M. Jordan,J. E. Keadle Kelly Killian Kirkland Knight, W. D. Laite Lane Lee, G. B. Lee, W. J., (Bill) Lee, Wm. S. Lewis Lindsey Logan Lokey Lowrey Mackay Matthews, C. Matthews, D. R. McClelland McCracken McKemie Meeks Melton Milford Milhollin Mitchell Moate Moore Morgan, J. H. Murphy Nessmith Newton, A. S. Overby Pafford Partridge Payton Perry Peterson Phillips Ponsell

Poole Pope Rainey Raulerson Rhodes Richardson Roberts Rogers, Jimmie Roper Rowland Russell Sewell Shea Simmons Simpson Sinclair Singer Smith, A. C., Jr. Smith, Chas. C. Smith, E. B., Jr. Smith, G. L., II Smith, R. R. Smith, V. T. Snow Spikes Stalnaker Steis Story Strickland Stuckey Teague Todd Tucker, M. K. Tucker, Ray M. Twitty Underwood, J. C. Underwood, R. R. Vaughn Walker Ware Warren Watson Watts Wells, D. W. Wells, H. H. White Wiggins Williams, G. J. Williams, W. M. Wilson, Hoke Woodward Hudgins

MONDAY, JUNE 15, 1964

Those not voting were Messrs.:

Alien
Andrews Bell Bowen, R. P. Brooks, Geo. B. Brooks, Wilson Caldwell Chandler Clark, J. T. Cullens
Dicus Dixon Fleming Greene Groover Hale Hall

Harrington
Herndon Houston Jones, D. C. Jones, F. C. Jones, M. Jordan, W. H. " Keyton Knight, D. W. Lambert
Leonard McDonald ; Mixon Morgan, H. Mullis Newton, D. L. Odom

859
Paris Parker Pickard Poss Eeaves Rodgers, H. B. Rutland Scarborough Shuman Tabb Towson Tucker, J. B. Wilkes Wilson, J. M. Smith, G. T.

On the adoption of the Resolution, the ayes were 156, nays 0.

The Resolution, having received the requisite two-thirds constitutional major ity, was adopted.

HR 38-45. By Mr. Moore of Polk:
A RESOLUTION
Proposing an amendment to the Constitution so as to remove there from those provisions relating to the Polk County Board of Education in the event of the merger of the Polk County school system and the inde pendent school system of Cedartown and those provisions authorizing an additional two mill tax levy for educational purposes within,Polk County; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1
Article VIII, Section V, Paragraph I of the Constitution is hereby amended by striking therefrom those paragraphs and portions of para graphs which read as follows:
"All of Polk County lying outside of independent school sys tems now in existence in said county shall compose one school dis-

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trict and shall be under the control and management of a County Board of Education. There shall be a Polk County Board of Educa tion which shall consist of nine (9) members, who shall serve with out compensation. The judge of the superior court of said county shall appoint the first board and three (3) of the members so ap pointed shall hold office for four years, three (3) for three (3) years, and three (3) for two (2) years. At the expiration of the terms of members of said board so appointed their successors shall be elected by the qualified voters of that portion of Polk County which is now or may hereafter be under the jurisdiction of the Polk County Board of Education, and for a term of four years. The election for board members shall be held on the second Tuesday in December at an election held for the exclusive purpose of electing members of the Polk County Board of Education. All candidates for member ship on the Polk County Board of Education shall register with the ordinary of said county at least ten days before the election. The ordinary shall provide for said election in the same manner and at the same places as regular election and declare the results and certify to the proper authorities the duly elected members of said board. The new Board of Education provided for in this amendment shall take office January 1, 1949, and the first election shall be held on the second Tuesday in December, 1950, and other elections shall be held on said date each year thereafter so that the terms of the membership shall remain staggered. One member of the County Board of Education shall be elected from each of the attendance areas of Antioeh, Aragon, Benedict, Brewster, Cedar-Lake, Fish, Fite, and two members shall be elected from the elementary school attendance area of Rockmart. The membership of the Polk County Board of Education shall be enlarged to thirteen, if and when the independent school system of Cedartown merges with Polk County School System and the four additional members shall be elected from the territory of the city limits of Cedartown. All rights, powers, and duties now exercised by the county board of education and the district trustees are hereby vested in the Polk County Board of Education. Should a vacancy occur on said board by reason of death, resignation, or otherwise, the remaining members of the board shall by secret ballot elect a successor who shall hold office until the first election for members of the board as herein provided. No person shall be eligible to hold office as a member of the Polk County Board of Education who is not of good moral character, who has not at least a fair knowledge of the elementary branch of an English education, who is not favorable to the common school system, and who is not a voter qualified to vote for members of the General Assembly. No publisher of school books or any agent for such pub lisher, or any person who shall have a pencuniary interest in the sale of school books shall be eligible for election as a member of said board of education.

"There shall be a County School Superintendent who shall be elected or appointed by the County Board of Education of Polk County. Before any person shall be elected or appointed County School Superintendent he shall have all of the qualifications which are now, or which may hereafter be prescribed by law for county school superintendents of the State, except that any legal require-

MONDAY, JUNE 15, 1964

861

ment as to local residence shall not be applicable. Prom and after the ratification of this amendment the voters of Polk County shall no longer elect a County School Superintendent. That in addition to the tax of not less than five mills nor greater than fifteen mills, which the fiscal authority of the county is required to levy for the support and maintenance of education upon property located outside independent school systems as provided for in Paragraph 1, Section 12, Article 8 of the Constitution, the fiscal authorities of Polk County shall levy a tax, for the support and maintenance of schools under the jurisdiction of the Polk County Board of Education of two mills upon the dollar of all taxable property located in the County of Polk, when such additional two mill tax is recommended by the Polk County Board of Education.
"The number of members of the Polk County Board of Educa tion shall be increased to thirteen (13) if and when the independent school system of Cedartown ceases to exist or merges with the Polk County school system and the retiring board of education of the Cedartown system, as constituted at the time of such merger, as herein described, shall appoint four (4) of their members to serve on the Polk County Board of Education, two (2) of which shall serve from the date of their appointment to December 31 of the year in which the first election, since the date of their appointment, for any members of the Polk County Board of Education is held; and two (2) of which shall serve from the date of their appoint ment, to December 31 of the year in which the second election, since the date of their appointment, for any members of the Board of the Polk County Board of Education is held. The successors to such appointed additional members shall be elected at the same time, for the same term, and under the same rules and regulations as are members of the Polk County Board of Education at the time of said merger, as herein described, if any. In the event of said merger, as herein described, the City of Cedartown shall be represented on said board by four (4) members who resided within the city limits of Cedartown at the time of their election or appointment but each additional member shall also be a representative of the county at large and nothing contained herein shall be construed to limit the county-wide powers of such additional members.
"In addition to the tax of not less than five (5) mills nor greater than fifteen (15) mills, which the fiscal authority of the county is required to levy for the support and maintenance of edu cation upon properly located outside independent school systems, as provided in Paragraph I, Section XII, Article VIII of the Consti tution, the fiscal authorities of Polk County shall levy a tax for the support and maintenance of schools under the jurisdiction of the Polk County Board of Education of two (2) mills upon the dollar of all taxable property located in the County of Polk when such additional two (2) mill tax is recommended by the Polk County Board of Education."

SECTION 2

When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two

862

JOURNAL OF THE HOUSE,

branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph 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 remove therefrom those provisions relating to the Polk County Board of Education in the event of the merger of the Polk County school system and the independent school system of Cedartown and those provisions authorizing an additional two mill tax levy for educational purposes within Polk County.

"Against ratification of amendment to the Constitution so as to remove therefrom those provisions relating to the Polk County Board of Education in the event of the merger of the Polk County school system and the independent school system of Cedartown and those provisions authorizing an additional two mill tax levy for educational purposes within Polk County."

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

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

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

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

Those voting in the affirmative were Messrs.:

Abney Acree Anderson Arnsdorff Bagby Ballard Barber

Baughman Beck Bedgood Black Blair Blalock, D. B. Blalock, E.

Bolton Bowen, A. Bowen, R. L. Bowen, R. W. Brackin Branch Brantley

Brown Busbee Bynum Byrd Carr Causby Clarke, H. G. Coker, G., Dr. Coker, R. Conger Conner Davis Dean, N. Deen, H. D. Dennard DeVane Dorminy Duncan, A. C. Duncan, J. E. Echols Etheridge Flournoy Floyd Flynt Fowler, A. A., Jr. Fowler, J. W. Fulford Funk
Gibbons Griffin Harrell Harris Henderson Hill Horton House Hull Hurst Isenberg Johnson, A. S., Dr. Johnson, B. Jones, C. M. Jordan, J. E. Keadle Kelly

MONDAY, JUNE 15, 1964
Killian Kirkland Knight, W. D. Laite Lane Lee, G. B. Lee, W. J., (Bill) Lee, Wm. S. Lewis Lindsey Logan Lokey Lowrey Mackay Matthews, C. Matthews, D. R. McClelland McCracken McKemie Meeks Melton Milford Milhollin Mitchell Moate Moore Morgan, J. H. Murphy Nessmith Newton, A. S. Overby Pafford Partridge Payton Perry Peterson Phillips Ponsell Poole Pope Rainey Raulerson Rhodes Richardson Roberts

863
Rogers, Jimmie Eoper Rowland Russell Sewell Shea Simmons Simpson Sinclair Singer Smith, A. C., Jr. Smith, Chas. C. Smith, E. B., Jr. Smith, G. L., II Smith, R. R. Smith, V. T. Snow Spikes Stalnaker Steis Story Strickland Stuckey Teague Todd Tucker, M. K. Tucker, Ray M. Twitty Underwood, J. C. Underwood, R. R. Vaughn Walker Ware Warren Watson Watts Wells, D. W. Wells, H. H. White Wiggins Williams, G. J. Williams, W. M. Wilson, Hoke Woodward Hudgins

Those not voting were Messrs. :

Alien Andrews Bell Bowen, R. P. Brooks, Geo. B.

Brooks, Wilson Caldwell Chandler Clark, J. T. Cullens

Dicus Dixon Fleming Greene Groover

864
Hale Hall Harrington Herndon Houston Jones, D. C. Jones, F. C. Jones, M. Jordan, W. H. Keyton Knight, D. W. Lambert

JOURNAL OP THE HOUSE,
Leonard McDonald Mixon Morgan, H. Mullis Newton, D. L. Odom Paris Parker Pickard Poss Reaves

Rodgers, H. B. Rutland Scarborough Shuman Tabb Towson Tucker, J. B. Wilkes Wilson, J. M. Smith, G. T.

On the adoption of the Resolution, the ayes were 156, nays 0.

The Resolution, having received the requisite two-thirds constitutional major ity was adopted.

HR 83-75. By Messrs. Clark and Tucker of Catoosa:
A RESOLUTION
Proposing an amendment to the Constitution so as to repeal an amendment to the Constitution providing for a Board of Tax Adminis trators for Catoosa County and to abolish said Board effective December 31, 1946; to provide for the submission of this amendment for ratifica tion or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION I
Article VI, Section XVII, Paragraph I of the Constitution is hereby amended by striking all the language added to said Paragraph by an amendment found in Georgia Laws 1958, page 592, and ratified at the General Election in November, 1958, and inserting in lieu thereof the following:
"The provisions of an amendment relating to the Catoosa County Board of Tax Administrators are hereby declared to be null and void and said Board shall stand abolished at the end of December 31, 1964. Any persons elected at the same time that this amend ment is ratified shall not take office and there shall be no such Board after the aforesaid date."

MONDAY, JUNE 15, 1964

865

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 amend ed.

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 repeal an amendment to the Constitution providing for a Board of Tax Administrators for Catoosa County and to abolish said Board effective December 31, 1964.

"Against ratification of amendment to the Constitution so as to repeal an amendment to the Constitution providing for a Board of Tax Administrators for Catoosa County and to abolish said Board effective December 31, 1964."

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

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

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

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

Those voting in the affirmative were Messrs.:

Abney Acree Anderson Arnsdorff Bagby

Ballard Barber Baughman Beck Bedgood

Black Blair Blalock, D. B. Blalock, E. Bolton

866

JOURNAL OP THE HOUSE,

Bowen, A. Bowen, R. L. Bowen, R. W. Brackin Branch Brantley Brown Busbee Bynum Byrd Carr Causby Clarke, H. G. Coker, G., Dr. Coker, R. Conger Conner Davis Dean, N. Deen, H. D. Dennard DeVane Dorminy Duncan, A. C. Duncan, J. E. Echols Etheridge Flournoy Floyd Flynt Fowler, A. A., Jr. Fowler, J. W. Fulford Funk Gibbons Griffin Harrell Harris Henderson Hill Horton House Hull Hurst Isenberg Johnson, A. S., Dr. Johnson, B.

Jones, C. M. Jordan, J. E. Keadle Kelly Killian Kirkland Knight, W. D. Laite Lane Lee, G. B. Lee, W. J., (Bill) Lee, Wm. S. Lewis Lindsey Logan Lokey Lowrey Mackay Matthews, C. Matthews, D. R. McClelland McCracken McKemie Meeks Melton Milford Milhollin Mitchell Mo ate Moore Morgan, J. H. Murphy Nessmith Newton, A. S. Overby Pafford Partridge Payton Perry Peterson Phillips Ponsell Poole Pope Rainey Raulerson Rhodes

Richardson Roberts Rogers, Jimmie Roper Rowland Russell Sewell Shea Simmons Simpson Sinclair Singer Smith, A. C., Jr. Smith, Chas. C. Smith, E. B., Jr. Smith, G. L., II Smith, R. R. Smith, V. T. Snow Spikes Stalnaker Steis Story Strickland Stuckey Teague Todd Tucker, M. K. Tucker, Ray M. Twitty Underwood, J. C. Underwood, R. R. Vaughn Walker Ware Warren Watson Watts Wells, D. W. Wells, H. H. White Wiggins Williams, G. J. Williams, W. M. Wilson, Hoke Woodward Hudgins

Those not voting were Messrs.:

Alien Andrews Bell

Bowen, R. P. Brooks, Geo. B. Brooks, Wilson

Caldwell Chandler Clark, J. T.

Cullens Dicus Dixon Fleming Greene Groover Hale Hall Harrington Herndon Houston Jones, D. C. Jones, F. C. Jones, M.

MONDAY, JUNE 15, 1964
Jordan, W. H. Keyton Knight, D. W. Lambert Leonard McDonald Mixon Morgan, H. Mullis Newton, D. L. Odom Paris Parker Pickard

867
Poss Reaves Rodgers, H. B. Rutland Scarborough Shuman Tabb Towson Tucker, J. B. Wilkes Wilson, J. M. Smith, G. T.

On the adoption of the Resolution, the ayes were 156, nays 0.

The Resolution, having received the requisite two-thirds constitutional major ity, was adopted.

The following message was received from the Senate through Mr. Stewart the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following Bill of the Senate to wit:
SB 17. By Senators Brown of the 34th, Coggin of the 35th and others: A Bill to amend an Act establishing a new charter for the city of At lanta, approved Feb. 28, 1874, and the several Acts amendatory thereof; and for other purposes.
The Senate has passed as amended by the requisite constitutional majority the following Bills and Resolutions of the House to wit:
HB 25. By Messrs. Flournoy, Wilson and Teague of Cobb: A Bill to amend, consolidate, revise and supersede an Act incorporating the town of Elizabeth; to create a new charter for said city; and for other purposes.
HB 51. By Mr. Paris of Barrow: A Bill to abolish the present method of compensating the sheriff, the

868

JOURNAL OP THE HOUSE,

clerk of the superior court, the ordinary, the tax collector, and the tax receiver of Barrow County, known as the fee system; to provide in lieu thereof annual salaries for such officers; and for other purposes.

HB 66. By Messrs. Wilson and Flournoy of Cobb:
A Bill to amend an Act creating a new Charter for the City of Marietta; so as to change the corporate limits of the City of Marietta; and for other purposes.

The Senate has passed by the requisite constitutional majority the following Bills and Resolutions of the House to wit:

HB 15. By Mr. Causby of Gordon:
A Bill to amend an Act creating the office of Commissioner of Roads and Revenues in and for the County of Gordon, so as to change the compensation of the clerk of the Commissioner of Roads and Revenues of Gordon County; and for other purposes.

HB 43. By Mr. Acree of Towns:
A Bill to abolish the present mode of compensating the sheriff of Towns County, known as the fee system; and for other purposes.

HB 50. By Mr. Paris of Barrow: A Bill to amend an Act creating a Board of Commissioners of Roads and Revenues of Barrow County so as to change the compensation of the members of the board and the clerk; and for other purposes.
HB 60. By Mr. Baughman of Early: A Bill creating the office of Tax Commissioner of Early County and fixing the compensation of said office so as to increase the compensation of Tax Commissioner; and for other purposes.
HB 63. By Mr. Tucker of Henry: A Bill to amend an Act placing the sheriff, the Clerk of the Superior Court, and the Ordinary of Henry County on a salary basis in lieu of a fee system, so as to change the compensation of the sheriff and chief deputy sheriff of Henry County; and for other purposes.
HB 64. By Messrs. Wilson, Flournoy and Teague of Cobb: A Bill to create a board of commissioners of roads and revenues of

MONDAY, JUNE 15, 1964

869

Cobb County; and for other purposes.

HB 65. By Messrs. Newton and Matthews of Colquitt:
A Bill to amend an Act creating and establishing a new charter for the City of Moultrie, so as to change the corporate limits of the City of Moultrie; and for other purposes.

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

HB 25. By Messrs. Flournoy, Wilson and Teague of Cobb: A Bill to be entitled an Act to amend, consolidate, revise and supersede an Act incorporating the town of Elizabeth, to create a new charter for said City, and for other purposes.
The following Senate amendment was read:
Senator Kendrick of the 32nd moves to amend HB 25 as follows:
By striking from the last sentence of Section 31 the following, "until January 1, 1965" and inserting in lieu thereof "until January 1, 1966", so that when so amended said last sentence of Section 31 shall read as follows:
"Persons elected to serve as mayor and councilmen shall serve in such capacities until January 1, 1966."
Mr. Flournoy of Cobb moves that the House agree to the Senate amendment to HB 25.
On the motion to agree, the ayes were 110, nays 0.
The Senate amendment to HB 25 was agreed to.
HB 66. By Messrs. Flournoy, Wilson and Teague of Cobb: A Bill to be entitled an Act to amend an Act creating a new Charter for the City of Marietta, so as to change the corporate limits of the City of Marietta, and for other purposes.
The following Senate amendment was read:
Senator Kendrick of the 32nd moves to amend HB 66, as follows:
By renumbering Section 2 as Section 3 and by inserting following

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JOURNAL OP THE HOUSE,

Section 1 a new Section 2 to read as follows:

"Section 2. It is specifically provided that all of that tract or parcel of land lying and being in Land Lot Nos. 1018 and 1019 of the Second Section of the 16th District of Cobb County, Georgia, upon which is located the Cobb County Sprayberry high school, shall not be included within the corporate limits of the City of Marietta, Georgia."

Mr. Flournoy of Cobb moved that the House agree to the Senate amendment.

On the motion to agree, the ayes were 110, nays 0.

The Senate amendment to HB 66 was agreed to.

Mr. Bolton of Spalding moved that this House do now adjourn until 10:00 o'clock a.m. tomorrow morning and the motion prevailed.

The Speaker announced the House adjourned until 10:00 o'clock a.m. tomor row morning.

TUESDAY, JUNE 16, 1964

871

Representative Hall, Atlanta, Georgia. Tuesday, June 16, 1964.

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

Prayer was offered by Rev. John C. Hunt, Pastor 1st Baptist Church, Nashville, Georgia.

By unanimous consent the call of the roll was dispensed with.

Mr. Clarke of Monroe, Chairman of the Committee on Auditing, Enrolling, Engrossing and Journals reported that the Journal of the previous legislative day had been read and found to be correct.

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

The Journal was confirmed.

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions.
2. First reading and reference of House Bills and Resolutions.
3. 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 of the Senate was read the second time:

SB 17. By Senators Brown of the 34th, Coggin of the 35th, Salome of the 36th, and others:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Atlanta, so as to provide that the Mayor and Board of Aldermen shall have full and complete power and authority to require

872

JOURNAL OF THE HOUSE,

every person, firm or corporation engaged in the business of selling spirituous, vinous or malt liquors at wholesale, to pay excise taxes based on the quantity or value of the commodity sold; and for other purposes.
Referred to the Committee on Local Affairs.

Mr. Blalock of Coweta County, Chairman of the Committee on Appropriations, submitted the following report:
Mr. Speaker:
Your Committee on Appropriations has had under consideration the fol lowing Bill of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 69. Do Pass.
Respectfully submitted, Blalock of Coweta, Chairman.

Mr. Busbee of Dougherty County, Chairman of the Committee on Judiciary, submitted the following report: Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Resolution of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HR 88-80. Do Pass.
Respectfully submitted, Busbee of Dougherty, Chairman.

Mr. Busbee of Dougherty County, Chairman of the Committee on Judiciary, submitted the following report:
Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bill of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:

TUESDAY, JUNE 16, 1964

873

HB 73. Do Pass, by Committee Substitute. Respectfully submitted, Busbee of Dougherty, Chairman.

Mr. Hale of Dade County, Chairman of the Committee on Local Affairs, submitted the following report:
Mr. Speaker:
Your Committee on Local Affairs has had under consideration the following Bills of the House and Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 78. Do Pass. HB 79. Do Pass. HB 80. Do Pass. SB 15. Do Pass.
Respectfully submitted, Hale of Dade, Chairman.

The following Resolutions of the House were read and adopted: HR 104. By Mr. Harrell of Fayette:
A RESOLUTION
Extending congratulations to Coach Jim Alien and the Payette County High School baseball team for winning the State Class "B" Championship; and for other purposes.
WHEREAS, the Payette County High School baseball team, led by their able and dedicated coach, Jim Alien, recently won the State Class "B" Baseball Championship; and
WHEREAS, this superior team won fifteen games during the regu lar 1964 season while losing only four; and
WHEREAS, this determined team defeated Bowdon in the regional SB playoff, Terrell County in the first game of the State Class "B" playoff, and finally Hephzibah for the State Class "B" Championship; and
WHEREAS, the Fayette County High School baseball team is comprised of the following members: Billy Carson, Ray Hardy, Ronnie

874

JOURNAL OP THE HOUSE,

Slaughter, James Nelms, Larry Jones, Douglas Adams, Robert Huddleston, Douglas Stanley, Kenny Shockley, Neal Dettmering, Howell McElroy, Pat Lovett, Larry Slaughter, Don Elliott and George Puller; and

WHEREAS, this team, through their remarkable ability, outstand ing sportsmanship and excellent conduct, have brought honor and credit to their coach, Jim Alien; to the faculty and students of their school; to their parents; and to all citizens of Fayette County.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby extend its sincerest congratulations to Coach Jim Alien and to the Fayette County High School baseball team for winning the State Class "B" Championship.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to forward an appropropriate copy of this Resolution to Coach Jim Alien; to Mr. F. A. Sams, County School Superintendent, Fayette County; and to each member of the Fayette County High School baseball team.

HR 105. By Messrs. Mixon of Irwin, Overby of Hall and many others:
A RESOLUTION
Commending the Honorable J. Willis Conger; and for other purposes.
WHEREAS, Honorable J. Willis Conger, the distinguished and able Representative from Decatur County, is on this day celebrating his 47th birthday; and
WHEREAS, for many years this outstanding public servant has devoted many years of service to the people of Decatur County and the State of Georgia; and
WHEREAS, it is only befitting and proper that on this important day in this fine gentleman's life that he be recognized for his many contributions to the public.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby extend its heartiest congratulations to the Honorable J. Willis Conger on this his 47th birthday, and does hereby wish for him many happy returns of the day.
BE IT FURTHER RESOLVED, that the Clerk of the House of Representatives is hereby authorized and directed to send a copy of this Resolution to the Honorable J. Willis Conger.

TUESDAY, JUNE 16, 1964

875

HR 106. By Messrs. Overby of Hall, Blalock of Coweta, and many many others:

A RESOLUTION

Relative to Honorable Henry N. Payton; and for other purposes.

WHEREAS, Honorable Henry N. Payton at the close of the present session of the General Assembly will not return as a member thereof; and

WHEREAS, Honorable Henry N. Payton has served four consecu tive terms as a member of the Georgia House of Representatives repre senting Coweta County; and

WHEREAS, during the years of service in this body the astute legal mind possessed by this distinguished and able Representative has been of untold benefit to the members of this body; and

WHEREAS, the many years of devoted duty which the gentleman from Coweta devoted to his constituents and the people of the State of Georgia will be sorely missed by this body.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend the Honor able Henry N. Payton, the most distinguished and able Representative from Coweta County, for his many years of devoted public service and does hereby wish for him continued success in his future endeavors.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to forward an appro priate copy of this Resolution to Honorable Henry N. Payton, Repre sentative from Coweta County.

HR 107. By Messrs. Bolton of Spalding, Busbee of Dougherty, Twitty of Mitchell, Hale of Dade, Groover of Bibb, Bagby of Paulding, Smith of Grady, Duncan of Carroll, Smith of Emanuel, and many, many others:

A RESOLUTION

Relative to Frances Y. Read; and for other purposes.

WHEREAS, for many years Frances Y. Read served in various capacities as an attache of the Georgia House of Representatives; and

WHEREAS, during these many years of service she has extended to all the members of this body many acts of kindness and service; and

WHEREAS, at the close of the present special session of the General Assembly she plans to embark upon a much deserved vacation upon the Continent of Europe; and

876

JOURNAL OF THE HOUSE,

WHEREAS, it is the desire of this body that recognition be given to Prances Y. Read for her many years of long and devoted service to the General Assembly and to wish for her a most happy and enjoyable vacation.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend Frances Y. Read for her many outstanding contributions to members of this body and does hereby wish for her a bon voyage for her impending trip to Europe.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to forward an appro priate copy of this Resolution to Frances Y. Read.

HR 108. By Messrs. Groover of Bibb, Alien of Tift and many others:

A RESOLUTION

REQUESTING THE TWO UNITED STATES SENATORS FROM GEORGIA TO INTRODUCE LEGISLATION TO LIMIT THE JURIS DICTION OF THE FEDERAL COURTS IN CERTAIN CASES.

WHEREAS, on June 15, 1964, the saddest day in American history, the Supreme Court of the United States, by a narrow majority, ruled that state legislatures having two houses are required by the 14th Amendment to the Constitution to apportion both houses on the basis of population; and

WHEREAS, that ruling flies in the face of American tradition contrary to the concept of a Republican form of government, which Article 4, Section 4 of the Constitution of the United States requires be guaranteed to each state; and

WHEREAS, the narrowness of the majority in such decision em phasizes the danger to America of a court, from which no appeal will lie, having unlimited and unrestrained jurisdiction; and

WHEREAS, as a result of such decision the minority will thus be stripped of all protection, checks and balances against the unrestrained power and will of the majority; and

WHEREAS, Article 3, Section 1 of the Constitution provides that Congress may from time to time ordain and establish inferior Federal Courts which provision also authorizes the granting or denying of the jurisdiction of such courts; and

WHEREAS, Article 3, Section 2, Paragraph 2 provides that in all cases except those affecting Ambassadors, Public Ministers and Coun selors, and those in which a state shall be a party, the Supreme Court shall have only appellate jurisdiction and provides that the Congress may make exceptions and regulations concerning such appellate juris
diction:

TUESDAY, JUNE 16, 1964

877

NOW, THEREFORE, BE IT RESOLVED, by the House of Representatives, the Senate concurring, that we hereby call on our two United States Senators--Richard B. Russell and Herman E. Talmadge--to propose in the Congress of the United States, a statute to:

a) divest the inferior courts created by it of any and all jurisdiction to consider, hear and determine, any case involving the apportionment of a state legislature; and

b) to divest the Supreme Court of the United States of any and all appellate jurisdiction in connection with such cases.

Mr. Richardson of Chatham stated that he would like to be recorded as voting "Nay" on HR 108.

Messrs. Clarke of Monroe, Matthews of Colquitt, Keadle of Lamar, Paris of Barrow and Tucker of Henry stated they would like to be recorded as voting "Aye" on HR 108.

HR 109. By Messrs. Smith of Emanuel, Parker of Screven, and many others:
A RESOLUTION
Commending the Honorable M. King Tucker; and for other purposes.
WHEREAS, the Honorable M. King Tucker, distinguished and able
Representative from Burke County, has announced his intention not to seek reelection to the Georgia House of Representatives; and
WHEREAS, for the past six years, the Honorable M. King Tucker has served as the Burke County Representative in the Georgia House of Representatives; and
WHEREAS, during his tenure of office in the General Assembly, the gentleman from Burke has become one of the most beloved and respected members ever to have served in this General Assembly; and
WHEREAS, the many contributions which his intellect has be stowed upon the members of this body and his many acts of kindness will be sorely missed upon his departure;
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend the Honor able M. King Tucker, distinguished and able Representative from Burke County, for his many worthwhile contributions made to this General Assembly and the State of Georgia, and does hereby wish for him con tinued success in any endeavor which he undertakes.

878

JOURNAL OF THE HOUSE,

BE IT FURTHER RESOLVED that the Clerk of the House is hereby authorized and instructed to transmit a suitable copy of this Resolution to the Honorable M. King Tucker, Representative, Burke County.

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

HB 78. By Messrs. Towson and Knight of Laurens:
A Bill to be entitled an Act to amend an Act creating a Board of Commissioners of Roads and Revenues for the County of Laurens, so as to change the method of selection of an accountant to conduct an audit of the books of Laurens, and for other purposes.

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

On the passage of the Bill, the ayes were 120, nays 0.

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

HB 79. By Messrs. Towson and Knight of Laurens:
A Bill to be entitled an Act to amend an Act creating a new Charter for the City of Dublin, so as to change the hours for which the polls shall remain open for elections conducted within the City of Dublin, and for other purposes.

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

On the passage of the Bill, the ayes were 120, nays 0.

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

HB 80. By Mr. Clarke of Monroe:
A Bill to be entitled an Act to authorize the use of voting machines in all elections conducted within Monroe County and the City of Forsyth, and for other purposes.

TUESDAY, JUNE 16, 1964

879

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

On the passage of the Bill, the ayes were 120, nays 0.

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

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

HR 88-80. By Messrs. Dicus, Jones and Pickard of Muscogee:
A RESOLUTION
Proposing an amendment to the Constitution so as to exempt per sonal clothing and effects, household furniture, furnishings, equipment and other personal property used within the home, and not held for sale, rental or other commercial use, in Muscogee County from all State and county ad valorem taxation; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OP GEORGIA:
SECTION 1
Article VIII, Section I, Paragraph IV of the Constitution is hereby amended by adding at the end thereof the following:
"All personal clothing and effects, household furniture, furnish ings, equipment and other personal property used within the home, and not held for sale, rental or other commercial use, in Muscogee County is hereby exempt from all State and county ad valorem taxation."
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:

880

JOURNAL OF THE HOUSE,

"For ratification of amendment to the Constitution so as to exempt personal clothing and effects, household furniture, furnish ings, equipment and other personal property used within the home, and for held for sale, rental or other commercial use, in Muscogee County from all State and county ad valorem taxation.

"Against ratification of amendment to the Constitution so as to exempt personal clothing and effects, household furniture, fur nishings, equipment and other personal property used within the home, and not held for sale, rental or other commercial use, in Muscogee County from all State and county ad valorem taxation."

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

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

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

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

Those voting in the affirmative were Messrs.:

Abney Alien Anderson Arnsdorff Bagby Ballard Barber Baughman Beck Bedgood Bell Black Blair Bolton Bowen, A. Bowen, R. L. Brackin Branch

Brantley Brooks, Geo. B. Brooks, Wilson Brown Bynum Byrd Carr Clarke, H. G. Coker, G., Dr. Coker, R. Conner Davis Deen, H. D. Dennard Dicus Dixon Dorminy Duncan, A. C.

Duncan, J. E. Echols Fleming Flournoy Floyd Flynt Fowler, A. A., Jr. Fowler, J. W. Fulford Funk Greene Groover Hall Harris Henderson Herndon House Houston

Hull Hurst Isenberg Johnson, A. S., Dr. Jones, C. M. Jones, D. C. Jones, F. C. Jones, M. Jordan, J. E. Jordan, W. H. Kelly Keyton Killian Kirkland Knight, W. D. Lambert Lane Lee, G. B. Lee, W. J. (Bill) Leonard Lewis Lokey Lowrey Mackay Matthews, C. McCracken McKemie Meeks Melton Milford Milhollin

TUESDAY, JUNE 16, 1964
Mitchell Mixon Morgan, J. H. Murphy Nessmith Newton, D. L. Overby Pafford Paris Partridge Perry Peterson Pickard Ponsell Poole Pope Poss Rainey Raulerson Reaves Rhodes Richardson Roberts Rogers, Jimmie Roper Rowland Russell Scarborough Sewell Shea Shuman

881
Simmons Simpson Sinclair Singer Smith, A. C., Jr. Smith, E. B., Jr. Smith, G. L. II Smith, V. T. Snow Spikes Stalnaker Steis Story Stuckey Todd Tucker, M. K. Tucker, Ray M. Twitty Underwood, J. C. Vaughn Ware Watts Wells, D. W. White Wiggins Wilkes Williams, G. J. Wilson, Hoke Wilson, J. M. Woodward Hudgins

Those not voting were Messrs.:

Acree Andrews Blalock, D. B. Blalock, E. Bowen, R. W. Bowen, R. P. Busbee Caldwell Causby Chandler Clark, J. T. Conger Cullens Dean, N. DeVane Etheridge Gibbons Griffin Hale Harrell

Harrington Hill Horton Johnson, B. Keadle Knight, D. W. Laite Lee, Wm. S. Lindsey Logan Matthews, D. R. McClelland McDonald Moate Moore Morgan, H. Mullis Newton, A. S. Odom Parker

Payton Phillips Rodgers, H. B. Rutland Smith, Chas. C. Smith, G. R. Strickland Tabb Teague Towson Tucker, J. B. Underwood, R. R. Walker Warren Watson Wells, H. H. Williams, W. M. Smith, G. T.

882

JOURNAL OF THE HOUSE,

On the adoption of the Resolution, the ayes were 147, nays 0.

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

Mr. Jones of Muscogee moved that HR 88-80 be immediately transmitted to the Senate.

The motion prevailed and HR 88-80 was ordered immediately transmitted to the Senate.

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

HB 73. By Messrs. Smith of Grady, Jordan of Calhoun, Griffin of Decatur, and Rhodes of Baker:
A Bill to be entitled an Act to amend Code Section 24-2501, relating to the judicial circuits of this state, so as to rename the Albany Judicial Circuit as the Sowega Judicial Circuit; to place the solicitor-general of the Sowega Judicial Circuit on an annual salary, and for other purposes.

The following Committee substitute was read:
Committee Substitute for HB 73:
A BILL
To be entitled an Act to amend Code Section 24-2501, relating to the judicial circuits of this State, as amended, particularly by an Act approved May 22, 1964 (Act No. 2, 1964 extraordinary session), so as to rename the Albany Judicial Circuit as the South Georgia Judicial Circuit; to place the solicitor-general of the South Georgia Judicial Circuit on an annual salary in lieu of the fee system of compensation; to prohibit the solicitor-general from practicing law in certain courts; to provide for the payment of said salary; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 24-2501, relating to the judicial circuits of this State, as amended, particularly by an Act approved May 22, 1964 (Act No. 2, 1964 extraordinary session), is hereby amended by deleting therefrom the following: "Albany Circuit, composed of the counties of

TUESDAY, JUNE 16, 1964

883

Baker, Calhoun, Decatur, Mitchell and Grady", and by adding between "Southern Circuit, composed of the counties of Brooks, Colquitt, Echols, Lowndes and Thomas." and "Southwestern Circuit, composed of the counties of Lee, Macon, Schley, Stewart, Sumter and Webster." the fol lowing:: "South Georgia Circuit, composed of the counties of Baker, Calhoun, Decatur, Grady and Mitchell".

Section 2. The solicitor-general of the South Georgia Judicial Cir cuit, in addition to the compensation and allowances paid to him by the State of Georgia, shall receive an annual salary of $9,600.00 per year in lieu of the fee system of compensation, payable in equal monthly installments from the counties comprising the South Georgia Judicial Circuit and apportioned among the several counties according to the population of the last official United States decennial census. Said salary shall be in lieu of all fees and costs previously allowed the
solicitor-general of the South Georgia Judicial Circuit, with the exception of that compensation and allowances paid to him by the State of Georgia. The solicitor-general of the South Georgia Judicial Circuit shall be prohibited from practicing law in the superior courts of any of the counties comprising said circuit.

Section 3. The provisions of this Act shall become effective Jan uary 1, 1965.

Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.

The following amendment to the Committee substitute was read:

"Mr. Conger of Decatur moves to amend HB 73 by the deleting the figures $9600 and inserting in lieu thereof the sum of $6000.00 and by striking the prohibition against practicing law."

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

Those voting in the affirmative were Messrs.:

Alien Anderson Ballard Bowen, R. L. Brackin Branch Brown
Bynuni Caldwell Clarke, H. G. Conger
Deen, H. D. Dennard DeVane Dixon

Fleming Plynt Fowler, J. W. Griffin Houston Hull Hurst
Johnson, B. Jordan, J. E. Kelly Laite
Lane Leonard Lewis Logan

Lokey Lowrey Matthews, D. R. McCracken McKemie Meeks Milford
Morgan, J. H. Overby Pafford Partridge
Perry Poss Rainey Raulerson

884
Rhodes Richardson Roberts Rogers, Jimmie Roper Rowland Shea Simmons

JOURNAL OF THE HOUSE,

Sinclair Smith, A. C., Jr. Smith, Chas. C. Smith, E. B., Jr. Smith, R. R. Stalnaker Steis Story

Strickland Wells, D. W. Wells, H. H. White Wilson, Hoke Hudgins

Those voting in the negative were Messrs.:

Arnsdorff
Barber Baughman Beck Bell Black Blair Blalock, D. B. Blalock, E.
Bolton Bowen, R. W. Brooks, Wilson Byrd Coker, G., Dr. Cullens Davis Duncan, J. E. Flournoy Floyd

Gibbons Greene Hall Harris Henderson Hill House Johnson, A. S., Dr. Jones, D. C. Jones, F. C. Jones, M. Jordan, W. H. Keyton Knight, W. D. Lambert Lee, Wm. S. Mackay Matthews, C. Nessmith

Peterson Phillips Ponsell Poole Pope Russell Scarborough Sewell Simp son Singer Smith, G. L. II Snow Spikes Twitty Underwood, J. C. Vaughn Walker Wiggins Wilkes

Those not voting were Messrs.:

Abney Acree Andrews Bagby Bedgood Bowen, A. Bowen, R. P. Brantley Brooks, Geo. B. Busbee Carr Causby Chandler Clark, J. T. Coker, R. Conner Dean, N. Dicus Dorminy Duncan, A. C.

Echols Etheridge Fowler, A. A., Jr. Fulford Funk Groover Hale Harrell Harrington Herndon Horton Isenberg Jones, C. M. Keadle Killian Kirkland Knight, D. W. Lee, G. B. Lee, W. J. Lindsey

McClelland McDonald Melton Milhollin Mitchell Mixon Moate Moore Morgan, H. Mullis Murphy Newton, A. S. Newton, D. L. Odom Paris Parker Payton Pickard Reaves Rodgers, H. B.

Rutland Shuman Smith, G. T. Stuckey Tabb Teague Todd

TUESDAY, JUNE 16, 1964
Towson Tucker, J. B. Tucker, M. K. Tucker, Ray M. Underwood, R. R. Ware Warren

885
Watson Watts Williams, G. J. Williams, W. M. Wilson, J. M. Woodward Smith, G. T.

On the adoption of the amendment, the ayes were 67, nays 57.

The amendment to the Committee substitute was adopted.

The Committee substitute was adopted as amended.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, as amended.

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

Those voting in the affirmative were Messrs.:

Alien Anderson Arnsdorff Ballard Barber Baughman Beck Bedgood Bell Black Blair Blalock, D. B. Blalock, E. Bolton Bowen, A. Bowen, R. L. Bowen, R. W. Branch Brooks, Wilson Brown, M. P. Bynum Byrd Caldwell Clarke, H. G.

Conger Cullens Davis Deen, H. D. Dennard DeVane Dixon Duncan, A. C. Duncan, J. E. Fleming Flournoy Floyd Flynt Fowler, J. W. Funk Gibbons Greene Griffin Hall Harrington Harris Henderson Hill House

Hull Hurst Johnson, A. S., Dr. Jones, D. C. Jones, F. C. Jones, M. Jordan, W. H. Kelly Keyton Knight, W. D. Laite Lambert Lane Leonard Lewis Lokey Lowrey Mackay Matthews, C. Matthews, D. R. McClelland McCracken Meeks Melton

886
Milford Mixon Nessmith Overby Pafford Paris Partridge Perry Peterson Phillips Pickard Ponsell Poole Poss Rainey Raulerson Rhodes Richardson

JOURNAL OF THE HOUSE,

Roberts Rodgers, H. B. Rogers, Jimmie Roper
Rowland Russell Scarborough Sewell Shea
Simmons Sinclair Singer
Smith, A. C., Jr. Smith, E. B., Jr. Smith, G. L. II Smith, R. R. Snow
Spikes

Stalnaker Steis Story Strickland
Todd Twitty Underwood, J. C. Vaughn Walker
Watts Wells, D. W. Wells, H. H.
White Wiggins Wilkes Wilson, Hoke Woodward
Hudgins

Those voting in the negative were Messrs. Lee, Wm. S., and Pope.

Those not voting were Messrs.:

Abney
Acree Andrews
Bagby Bowen, R. P. Brackin Brantley Brooks, Geo. B. Busbee Carr
Causby Chandler Clark, J. T.
Coker, G., Dr. Coker, R. Conner Dean, N. Dicus
Dorminy Echols Etheridge
Fowler, A. A., Jr. Fulford Groover Hale
Harrell

Herndon
Horton Houston
Isenberg Johnson, B. Jones, C. M. Jordan, J. E. Keadle Killian Kirkland
Knight, D. W. Lee, G. B. Lee, W. J. (Bill)
Lindsey Logan McDonald McKemie Milhollin
Mitchell Moate Moore
Morgan, H. Morgan, J. H. Mullis Murphy
Newton, A. S.

Newton, D. L.
Odom Parker
Payton Reaves Rutland Shuman Simpson Smith, Chas. C. Smith, V. T.
Stuckey Tabb Teague
Towson Tucker, J. B. Tucker, M. K. Tucker, Ray M. Underwood, R. R.
Ware Warren Watson
Williams, G. J. Williams, W. M. Wilson, J. M. Smith, G. T.

On the passage of the Bill, by substitute as amended, the ayes were 126, nays 2.

TUESDAY, JUNE 16, 1964

887

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

Mr. Twitty of Mitchell moved that HB 73 be immediately transmitted to the Senate.

The motion prevailed and HB 73 was ordered immediately transmitted to the Senate.

The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto:

HB 51. By Mr. Paris of Barrow:
A Bill to be entitled an Act to abolish the present method of com pensating the sheriff, the clerk of the superior court, the ordinary, the tax collector, and the tax receiver of Barrow County, to provide annual salaries in lieu thereof, and for other purposes.

The following Senate amendment was read:
Senator Harrison of the 48th moves to amend HB 51 as follows:
By striking from Section 11 the figures "1965", and inserting in lieu thereof the figures "1966", so that when so amended, Section 11 shall read as follows:
"Section 11. The provisions of this Act shall become effective on January 1, 1966."

Mr. Paris of Barrow moved that the House agree to the Senate amendment to HB 51.
On the motion to agree, the ayes were 103, nays 0.
The Senate amendment to HB 51 was agreed to.
Mr. Isenberg of Glynn arose on a point of personal privilege and addressed the House.
The Speaker announced the House recessed until 2:00 p.m.

888

JOURNAL OF THE HOUSE,

AFTERNOON SESSION

The Speaker called the House to order at 2:00 o'clock p.m.

Under the General Order of Business, the following Bill of the House was taken up for consideration and read the third time:

HB 69. By Messrs. Smith of Grady, Bolton of Spalding, Busbee of Dougherty, and Andrews of Stephens:
A Bill to be entitled an Act to amend an Act providing supplementary appropriations for the extraordinary session of the General Assembly which convened on May 4, 1964, so as to provide additional appropriations for the Legislative Branch of the Government, and for other purposes.

The Speaker resolved the House into a Committee of the Whole designating Mr. Blalock of Coweta as Chairman therefor for the purpose of considering HB 69.

The Committee of the Whole arose and through its Chairman reported HB 69 back to the House with the recommendation that it Do Pass.

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

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

Those voting in the affirmative were Messrs.:

Abney Alien Anderson Arnsdorff Bagby Ballard Barber Baughman Beck Bell Black Blair Blalock, D. B. Bolton

Bowen, A. Bowen, R. L. Bowen, R. W. Brackin Branch Brooks, Geo. B. Brooks, Wilson Brown Busbee Bynum Byrd Caldwell Clarke, H. G. Coker, G., Dr.

Coker, R. Conger Deen, H. D. Dennard DeVane Dixon Dorminy Duncan, A. C. Duncan, J. E. Echols Flournoy Flynt Fowler, A. A., Jr. Fowler, J. W.

TUESDAY, JUNE 16, 1964

Gibbons Greene Groover Hall Harrell Harris Henderson House Hurst Johnson, A. S., Dr. Johnson, B. Jones, C. M. Jones, D. C. Jones, F. C. Jones, M. Jordan, J. E. Keadle Kelly Keyton Kirkland Knight, W. D. Lambert Lee, G. B. Lee, W. J. (Bill) Lee, Wm. S. Leonard Lewis Lokey Lowrey Mackay

Matthews, D. R. McCracken McKemie Meeks Melton Mitchell Mixon Murphy Newton, D. L. Overby Pafford Paris Partridge Payton Perry Peterson Phillips Pickard Ponsell Pope Poss Rainey Raulerson Reaves Rhodes Richardson Roberts Rogers, Jimmie Rowland Russell

889
Sewell Shea Shuman Simmons Sinclair Singer Smith, A. C., Jr. Smith, E. B., Jr. Snow Stalnaker Steis Story Strickland Todd Tucker, M. K. Tucker, Ray M. Twitty Underwood, J. C. Vaughn Walker Watts Wells, D. W. Wells, H. H. White Wiggins Wilkes Williams, W. M. Woodward Hudgins

Those voting in the negative were Messrs.:

Punk

Milford

Smith, R. R.

Those not voting were Messrs.:

Acree Andrews Bedgood Blalock, E. Bowen, R. P. Brantley Carr Causby Chandler Clark, J. T. Conner Cullens Davis Dean, N. Dicus Etheridge

Fleming Floyd Fulford Griffin Hale Harrington Herndon Hill Horton Houston Hull Isenberg Jordan, W. H. Killian Knight, D. W. Laite

Lane Lindsey Logan Matthews, C. McClelland McDonald Milhollin Moate Moore Morgan, H. Morgan, J. H. Mullis Nessmith Newton, A. S. Odom Parker

890
Poole Rodgers, H. B. Roper Rutland Scarborough Simpson Smith, Chas. C. Smith, G. L. II

JOURNAL OF THE HOUSE,

Smith, V. T. Spikes Stuckey Tabb Teague Towson Tucker, J. B. Underwood, R. R.

Ware Warren Watson Williams, G. J. Wilson, Hoke Wilson, J. M. Smith, G. T.

On the passage of the Bill, the ayes were 131, nays 3.

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

Mr. Milford of Franklin stated that he inadvertently voted "Nay" and would like to be recorded as voting "Aye".
Mr. Bolton of Spalding moved that HB 69 be immediately transmitted to the Senate.
The motion prevailed and HB 69 was ordered immediately transmitted to the Senate.

The following Bill of the Senate was taken up for the purpose of considering the report of the Committee on Conference thereon:

SB 1. By Senators Carlton of the 21st, Webb of the llth, Jackson of the 16th, Gillis of the 20th and Zorn of the 6th:
A Bill to be entitled an Act to provide a comprehensive revision of the election and primary laws and all related laws of this State, and for other purposes.

The following report of the Committee on Conference was read:
The Conference Committee on SB 1 adopts the following report:
(1) The Senate recedes from its position in disagreeing to House amendments numbers, 2, 3, 4, 5, 6, 11, 13, 14, 15, 16, 18, 19, 21, 22, 25, 26, 32, 36, 38, 41, 46, 49, 52, 53, 54, 55, 67, 68, 72, 73, 74, 77, 78, 81, 82, 83, 84, 85, 86, 89, 90 and 91.
(2) That the House and the Senate recede from their respective

TUESDAY, JUNE 16, 1964

891

positions on House amendment No. 1 and adopt the following in lieu thereof:

By inserting in the title thereof immediately before the phrase "to repeal conflicting laws" the following: "to regulate the sale of intoxi cating beverages on primary and election days;".

(3) That the House and the Senate recede from their respective positions on House amendment No. 7 and adopt in liue thereof the fol lowing:

By striking from Section 34-105 the words "day prior to such full number of days" and by inserting in lieu thereof the words "last day".

(4) That the House and the Senate recede from their respective positions on House amendment No. 8 and adopt in lieu thereof the following:

By striking Section 34-107 in its entirety and by inserting in lieu thereof the following:

"Section 34-107. Person convicted of certain crimes not to serve as primary or election official. No person shall perform any of the official acts or duties set forth in this Code in connection with any election or primary held under the provisions hereof as an ordinary, registrar, deputy registrar, poll officer or party officer, who has been convicted and sentenced in any court of competent jurisdiction for fraudulent violation of primary or election laws, malfeasance in office, felony, or crime involving moral turpitude, under the laws of this State, or any other State or of the United States, unless on appeal such conviction shall have been set aside or unless such person shall have been pardoned. In the event of dis qualification of the ordinary, as above set forth, the Clerk of the Superior Court shall act in his stead."
(5) That the House and the Senate recede from their respective positions on House amendment No. 9 and adopt in lieu thereof the following:
By striking Chapter 34-2 in its entirety and by inserting in lieu thereof a new Chapter to read as follows:
"Chapter 34-2. State Election Board.
Section 34-201. Creation; seal; by-laws; advisers; meetings of Board; minutes of meetings, (a) There is hereby created a State Board to be known as the 'State Election Board' to be composed of the Secretary of State, an elector to be elected by a majority vote of the Senate of the General Assembly, and an elector to be elected by a majority vote of the House of Representatives of the General Assembly. The members to be elected by the respective Houses of the General Assembly shall serve a term of two years, said term to be concurrent with the terms of the members of the House of

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Representatives, and shall serve until their successors are duly elected and qualified. The elected members of the Board shall be subject to being removed at any time during their term by a
majority vote of the House by which they were elected. No person while a member of the General Assembly shall serve as a member of the Board. If this Board should become effective at a time when the General Assembly is not in session, then the President of the Senate shall thereupon appoint an elector to serve on the Board until the next session of the General Assembly, at which time an elector shall be elected by the Senate; and the Speaker of the House of Representatives shall thereupon appoint an elector to serve on the Board until the next session of the General Assembly, at which time an elector shall be elected by the House. In the event a vacancy should occur or exist in the office of an elected or appointed mem ber of the Board at a time when the General Assembly is not in session, then the President of the Senate shall thereupon appoint an elector to fill the unexpired term of such member if the prior member was elected by the members of the Senate or appointed by the President of the Senate, and the Speaker of the House of Representatives shall thereupon appoint an elector to fill the unexpired term of such member if the prior member was elected by the members of the House of Representatives or appointed by the Speaker of the House of Representatives. Any member ap pointed to fill any unexpired term shall serve until the next session of the General Assembly after his appointment, at which time new members shall be elected as hereinbefore provided. The Secre tary of State shall be the Chairman of the Board. Two members of the Board shall constitute a quorum, and no vacancy on the Board shall impair the right of qualified members to exercise all the powers and perform all the duties of the Board. The Board shall adopt a seal for its use, and by-laws for its own government and procedure.

(b) The State executive committee of each political party shall have the privilege of from time to time appointing a member of its party to act as an adviser to the Board. Such committee shall certify each appointment in writing to the Chairman of the Board which shall remain in effect until rescinded or superseded by later appointment. At each meeting, the Board shall consult with and receive the advice of each adviser present upon the matters under consideration, provided, however, that an adviser shall have no vote nor otherwise exercise any control over the Board in the exer cise of its powers or in the performance of its duties under this Code. An adviser shall receive no compensation from public funds.

(c) Meetings shall be held whenever necessary to the per formance of the duties of the Board on call of the Chairman or two of its members. Minutes shall be kept of all meetings of the Board and a record kept of the vote of each member on all questions coming before the Board. The Chairman shall give to each member of the Board and to each adviser prior notice of the time and place of each meeting of the Board.
Section 34-202. Duties of the Board. It shall be the duty of the State Election Board:

TUESDAY, JUNE 16, 1964

893

(a) To so coordinate the work of the Secretary of State, the ordinaries, the poll officers, and other officials, as to obtain uni formity in their practices and proceedings and legality and honesty in all elections.

(b) To formulate, adopt and promulgate such rules and regu lations, consistent with law, as will be conducive to the fair, legal and orderly conduct of elections; and upon the adoption of each rule and regulation, the Board shall promptly file certified copies thereof with the Secretary of State and each ordinary, provided, however, no rule or regulation shall be effective until sixty days after the same shall have been adopted and promulgated;

(c) To publish and furnish to election officials, from time to time, a sufficient number of indexed copies of all rules and regula tions adopted by the Board;

(d) To investigate when necessary or advisable the admin istration of election laws, and frauds and irregularities in elections and to report violations of the election laws to the appropriate solicitor general for further investigation and prosecution. The findings of such an investigation and any report concerning same shall not be publicly disclosed unless ordered by the grand jury of the county in which the alleged fraud or irregularity occurred within twelve months from the time the report is submitted as provided herein, except the same may be made public prior thereto in a court of law when relevant to a proceeding therein;

(e) To make such recommendations as it may deem advisable to the General Assembly relative to the conduct and administration of primaries and elections; and

(f) To employ such assistants as may be necessary.

Section 34-203. Authority of Board to institute or intervene in court actions; notice to Board.

(a) The State Election Board shall have the right to institute, or to intervene as a party in, any action in any court of this State or of the United States, seeking mandamus, injunctive or other relief to compel compliance with any election or primary law of the State, or of any valid rule or regulation of the Board, or to restrain or otherwise prevent or prohibit any fraudulent or other illegal conduct in connection therewith including the right to seek such relief for any anticipatory breach.

(b) Any petition seeking any of the relief authorized in subparagraph (a) above shall be filed in the superior court of the residence of the superintendent charged with the conduct of the election or primary in which it is alleged that there was or will be fraud or other illegal conduct, and all proceedings shall be heard and presided over by that judge of the superior court of a judicial circuit adjoining that in which such county is located who is senior in time of service, and in case of disqualification of such

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JOURNAL OP THE HOUSE,

judge or in the event of the refusal of such judge to act, by that
judge who is next senior in time of service. In the event any temporary order is sought, the petition may be presented to such judge prior to its filing for consideration of the application for such order.

(c) In the event, in the opinion of the judge presiding over such cause, adequate relief cannot otherwise be granted to assure compliance with said laws, rules and regulations, the judge may enter such order concerning the conduct of such election or primary which he shall deem necessary to assure compliance, including the right to require such election or primary to be held under the super vision of the State Election Board.

(d) Upon any action being filed in any court of this State seeking relief affecting the calling, holding, conduct, determination, result, tabulation or certification of any election or primary, ex cept those instituted by the State Election Board, the State Election Board shall be served with a copy of the proceeding, by serving the same on the Chairman thereof by mailing a copy to the Chair man by certified or registered mail, and a certificate that such service has been made shall be filed by the plaintiff or his attorney.

(e) Any verdict, judgment, decree, order, ruling or other judicial action in such cases shall be subject to review by the ap pellate court having jurisdiction thereof by direct bill of exceptions as provided by law. It shall be the duty of the proper appellate court to consider application for stays or supersedeas in such cases without regard to whether any bill of exceptions has been certified or the record docketed in such cases.

Section 34-204. Evidence; hearing; witness in contempt. The State Electiou Board may examine on oath any person concerning any matter connected with or bearing on the proper discharge of its duties, and any member of the Board may administer such oath. The Board shall have full power to send for persons and papers, and to compel the witnesses to answer under oath touching any questions which may properly come before the Board and to take, through its agent, the depositions of witnesses. The Board, in investigating the administration of primary and election laws within a county or any frauds or irregularities in primaries and elections held therein, shall conduct each hearing concerning same at a place
within such county. No witness shall be compelled to attend if he
should reside more than one hundred miles from the place of hearing by the nearest practical route, provided, however, that the Board may compel the taking of his testimony by deposition in the county of the residence of the witness. The sheriff of any county, or his deputy, or agent of the Board, shall serve all processes issued by the Board, or the same may be served by United States registered or certified mail and the production of an appropriate return re ceipt issued by the United States Post Office shall constitute prima facie evidence of such service. In case of the refusal of any person subpoenaed to attend or testify, such facts shall be reported forth with by the Board to the appropriate superior court, or to a judge thereof, and such court or judge shall order such witness to attend

TUESDAY, JUNE 16, 1964

895

and testify, and, on failure or refusal to obey such order, such witness shall be dealt with as for contempt. Any witness so sub poenaed, and after attending, shall be allowed and paid the same mileage and fee as now allowed and paid witnesses in civil actions in the superior court.

Section 34-205. Compensation of Members of Board. Each member of the State Election Board shall receive a per diem of $25.00 for each day spent in the work of the Board and shall receive his necessary travelling, food and lodging expenses incurred in the performance of his duty, to be paid by the Secretary of State; provided, however, that the Chairman of the Board shall receive no per diem."

(6) That the House recedes from its position on House amendment No. 10.
(7) That the House recedes from its position on House amendment No. 12.
(8) The House and the Senate recede from their respective posi tions on House amendment No. 17 and adopt the following in lieu thereof:
By striking the title of Section 34-603, and by striking Subparagraph (a) of Section 34-603 and inserting in lieu thereof the following:
"Section 34-603. County registrars; designation; appointment; terms of office; compensation; duties of chief registrar; appoint ment in counties of over 500,000 in population.--(a) The judge of the superior court in each county or the senior judge, in time of service, in those counties having more than one judge, shall appoint quadrennially, upon the recommendation of the grand jury of such county, three judicious, intelligent and upright electors of such county as county registrars. The grand jury shall submit to the judge the names of six such electors and the appointments shall be made therefrom, and shall be entered on the minutes of the court. When making such appointments, the judge shall designate one of the registrars as chief registrar who shall serve as such during his term of office, and such designation shall likewise be entered on the minutes of the court. It shall be the duty of the clerk of the superior court to certify the appointments and designation to the Secretary of State, within thirty days after the appointments and designation, and commissions shall be issued as for county officers. When certifying such names to the Secretary of State, the clerk of the superior court shall also list the addresses of the registrars. The registrars shall serve for a term of four years and until their successors are appointed and qualified, except in the event of resig nation or removal as hereinafter provided. Such judge shall have the right to remove one or more of such registrars, at any time, for cause after notice and hearing. Any registrar shall have the right to resign at any time by submitting a resignation to such judge. In the event of any such removal or resignation of a registrar, his duties and authority as such shall terminate instanter. In case of the removal, death or resignation of a registrar, the

JOURNAL OF THE HOUSE,
judge shall appoint a successor who shall serve until the next grand jury convenes, at which time the grand jury shall submit to the judge the names of two judicious, intelligent and upright electors of such county, and the judge shall make his appointment from said list, such successor to serve the unexpired term of his predecessor in office. In the event the grand jury is in session at the time of any such death, removal or resignation, then such grand jury shall immediately submit the names of said electors to the judge for his appointment. Each such appointment or change in designation shall be entered on the minutes of the court and certified as herein provided."
(9) That the Senate recedes from its position in disagreeing to House amendment No. 20.
(10) That the House recedes from its position as set out in House amendment No. 23.
(11) That the Senate recedes from its position in disagreeing to House amendment No. 24.
(12) That the House recedes from its position as set out in House amendment No. 27.
(13) That the House and the Senate recede from their respective positions on House amendment No. 28, and adopt the following in lieu thereof:
By striking Code Section 34-628 in its entirety and by inserting in lieu thereof a new Code Section to read as follows:
"Section 34-628. Challenge of listed persons by other than registered electors; proceedings upon challenge, (a) Any elector of the county shall be allowed to challenge the right of registration of any person whose name appears upon the electors list, and upon a challenge as to the qualifications of the elector being filed, the registrar shall notify the elector and pass upon the challenge. Each challenge shall specify the grounds of the challenge, and when notice is given the elector by the registrar, a copy of such challenge shall be furnished the challenged elector at least one day before passing upon the same. Any elector of the county shall also be allowed to challenge the qualifications of any applicant for regis tration.
(b) Any other provision of this Code to the contrary notwith standing, no challenge as provided in this Section shall be valid as to a person who has registered to vote prior to March 25, 1958, on the grounds that such person does not come within either of the classes provided in the two subparagraphs of Paragraph IV of Section I of Article II of the State Constitution."
(14) That the Senate and the House recede from their respective positions on House amendments Nos. 29 and 30, and adopt the following in lieu thereof:

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897

By striking subparagraph (b) of Section 34-629 and by inserting in lieu thereof a new subparagraph (b) to read as follows:
"(b) In any election held in an election district (not containing the county courthouse) in which no question is printed on the ballots or ballot labels to be used in such district and in which no candidate, whose name is printed on such ballots and ballot labels, is opposed by any candidate whose name is also printed thereon, then the polling place in such district shall not be established and the registrars shall furnish to the managers of the polling place in the election district containing the county courthouse the list of electors of such district in which no polling place is established, and the electors whose names appear on such list shall be allowed to vote in the election district containing the county courthouse, under the same rules that would have governed if a polling place had been established in their district."
(15) That the House recedes from its position set out in House amendment No. 31.
(16) That the Senate recedes from its position in disagreeing to House amendment No. 33.
(17) That the Senate recedes from its position disagreeing to House amendment No. 34.
(18) That the House and the Senate recede from their respective positions on House amendment No. 35, and adopt in lieu thereof the following:

By striking Section 34-801 in its entirety and by inserting in lieu thereof a new Section to read as follows:

"Section 34-801. General primaries. Whenever a political party, who elected the most members of the General Assembly at the last November election as compared with the number of mem bers of the General Assembly elected by any other political party, shall hold a primary to nominate candidates for public office to be filled in the ensuing November election, the same shall be held on the fourth Wednesday in August in each even-numbered year. Whenever any other political party shall hold a primary to nomi nate candidates for public office to be filled in the ensuing Novem ber election the same shall be held on the fourth Wednesday in September in each even-numbered year. The preceding provisions of this Senate shall not apply to primaries held to nominate candi dates for public offices to be filled in the November election of 1964, and upon the holding of such election this sentence shall be automatically repealed."
(19) That the Senate recedes from its position in disagreeing to House amendment No. 36.

(20) That the House recedes from its position set out in House amendment No. 37.

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JOURNAL OF THE HOUSE,

(21) That the House recedes from its position as set out in House amendment No. 39.

(22) That the House recedes from its position as set out in House amendment No. 40.

(23) That the House and the Senate adopt the following:

By striking subsections (b) and (c) of Section 34-904 and hy in serting in lieu thereof new subsections (b) and (c) to read as follows:

"(b) During the period of thirty days following the filing of such petition, the State executive committee shall make such in vestigation and shall take such other action as is necessary to determine the merits of the petition. If the State committee de termines that an investigative hearing is warranted, it shall conduct such hearing and shall give prior notice of the time and place thereof to all interested parties. Any witness attending the hearing shall be sworn prior to testifying.

':; ;

(c) On or before the thirtieth day after the filing of such peti tion, the State committee shall either render a report to the peti tioner containing its findings as to whether fraud or irregularity existed in such primary, or shall issue an order denying the petition; and a copy of same shall be filed with the chairman of the county executive committee. A copy of any such report, which contains findings of substantial fraud or irregularity, shall be filed by the State committee with the solicitor general and the grand jury of the county involved; and the State committee shall also make available to them any evidence in its possession which supports such findings."

By striking from subsection (d) of Code Section 34-904 the word "twenty" and by inserting in lieu thereof the word "thirty".

(24) That the House recedes from its position as set out in House amendment No. 42.

(25) That the House and the Senate adopt the following:

By striking the words "forty-five" in both places where they appear in subsection (b) of Code Section 34-1001 and by inserting in lieu thereof in both such places the word "thirty" and by striking the words "sixty-five" in said subsection (b) of Code Section 34-1001 and by in serting in lieu thereof the word "fifty".

(26) That the House and the Senate recede from their respective positions on House amendment No. 43, and adopt the following in lieu thereof:

By striking the last sentence contained in Section 34-1002 and by inserting in lieu thereof a new sentence to read as follows: "The pro visions of this Section shall not apply to candidates seeking party

TUESDAY, JUNE 16, 1964

899

nomination for or election to the governing authority of a county during the year 1964, and such candidates shall be governed by the county executive committee rules in any such primaries and in accordance with any local act establishing such governing authority in the case of said election; and this sentence shall be automatically repealed effective January 1, 1965."

(27) That the Senate and the House recede from their respective positions on House amendments Nos. 44 and 45, and adopt in lieu thereof the following:

By striking Code Section 34-1006 in its entirety and by inserting in lieu thereof a new Code Section 34-1006 to read as follows:

"Section 34-1006. Qualification of Candidates. All candidates for party nomination or party office in a primary shall qualify as such candidates in accordance with the rules of their party. In the case of a general primary, the candidates shall qualify at least forty-five days prior to its date, and in the case of a special pri mary, at least fifteen days prior to its date; and a party shall fix no other qualification deadline. The preceding sentence shall not apply to the qualifications of candidates seeking party nomination in any general primary to be held on September 9, 1964, or in any primary held prior to the said date, and upon the holding of the last of such general primaries this sentence shall be automati cally repealed."

(28) That the Senate and the House adopt the following:

By striking from subsection (a) of Section 34-1007 the words "estab lished by the ordinary or ordinaries" and by inserting in lieu thereof the words "in each election district".

(29) That the House recedes from its position as set out in House amendment No. 47.

(30) That the Senate recedes from its position in disagreeing to House amendment No, 48.

(31) That the House and the Senate recede from their respective positions on House amendment No. 50, and adopt the following in lieu thereof:

By striking from the last sentence of Section 34-1104 the word "back" in both places where it appears and by inserting in lieu thereof the word "front".

By adding at the end of said Section a new sentence to read as follows: "The number strip on the ballot shall also have the following words printed thereon: 'Tear off before depositing ballot in ballot box'."

(32) That the House recedes from its position as set out in House amendment No. 51.

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JOURNAL OF THE HOUSE,

(33) That the Senate recedes from its position in disagreeing to House amendment No. 56.

(34) That the Senate recedes from its position in disagreeing to House amendment No. 57.

(35) That the House and the Senate recede from their respective positions on House amendment No. 58, and adopt in lieu thereof the following:

By adding at the end of Section 34-1307 a new subsection to be known as subsection (b) to read as follows:
"(a) Notwithstanding the provisions of subsection (a) of this Section, in any county of this State having a population of 500,000 or more, according to the United States decennial census of 1960 or any such future census, no person shall, on a day in which a primary or election is held within such county, solicit votes in any manner or by any means or method or shall distribute any campaign literature, booklet, pamphlet, card, sign, or any written or printed matter of any kind in support of any person, party or body or proposition in any primary or election. This prohibition shall not apply to candidates for nomination for or election to State-wide office."
(36) That the House and the Senate adopt the following:
By adding in the title of Section 34-1310 after the words "numbered lists of voters" the word "challenged".
By adding at the end of subparagraph (c) of Section 34-1310 a new sentence to read as follows: "When any person desires to vote, he may be challenged and required to take, in addition to the oath required to qualify as an elector, the following oath in writing:
"I do solemnly swear (affirm) that I am (here insert the name, the same as on the registration list); that I am duly quali fied as an elector, and at the time gave my address as (here give the address given on the registration card); that I have for the last six months resided at the following addresses (here give de tailed addresses during the last six months with such particularity that the same can be readily verified or disproved); that I have resided at such place under the name of (here insert any name or alias used); that my mother's maiden name is (or was) (here insert mother's maiden name); and that my father's full name is (or was) (here insert father's name)."
Such written oath shall be filed with the person in charge of the election and preserved.
Any other provision of this law to the contrary notwithstanding, no challenge as provided in this section shall be valid as to a person who has registered to vote prior to March 25, 1958, on the grounds

TUESDAY, JUNE 16, 1964

901

that such person does not come within either of the classes provided in the two subdivisions of Paragraph IV, of Section I of Article II of the Constitution of Georgia."

(37) That the House and the Senate recede from their respective positions on House amendment No. 59, and adopt in lieu thereof the following:

By striking from subsection (b) of Section 34-1313 the words and figures "Section 34-628 (c)" and by inserting in lieu thereof the words and figures "Section 34-1310 (c)".

By striking subsection (d$ of Code Section 34-1313 in its entirety.

(38) That the Senate recedes from its position in disagreeing to House amendment No. 60.

(39) That the House and the Senate recede from their respective positions on House amendment No. 61 and adopt in lieu thereof the following:

By striking subsection (d) of Section 34-1316 in its entirety and by substituting in lieu thereof a new subsection to read as follows:

"(d) After marking the ballot card, the elector shall then leave the compartment and exhibit his ballot card number strip to a poll officer. The elector, unless his vote is 'challenged' shall remove the number strip in the presence of a poll officer before depositing the ballot card in the ballot box. If the vote is 'challenged', then the ballot card with the number strip attached shall be placed in an envelope provided for that purpose which envelope shall be marked 'challenged'."

(40) That the House and the Senate recede from their respective positions on House amendment No. 62 and adopt in lieu thereof the following:

By striking Code Section 34-1317 in its entirety and by inserting in lieu thereof the following:

"Section 34-1317. Assistance in voting, (a) No elector shall receive any assistance in voting at any primary or election: Unless he is unable to read the English language; or there is recorded upon the electors list a reference to his declaration that he has a physical disability which renders him unable to see or mark the ballot or operate the voting machine or vote recorder, or to enter the voting compartment or booth without assistance, the exact nature of such disability being recorded on the electors list, and unless the poll officers are satisfied that he still suffers from the same disability; or unless he acquired such a physical disability after the time of registration and the poll officers are satisfied that he still suffers therefrom. Before an elector shall be permitted to receive as sistance, he shall take an oath which shall be administered to him

902

JOURNAL OF THE HOUSE,

and placed in writing by a manager, giving the reason why he requires assistance. The name of each person assisting the elector shall be endorsed on the oath.

(b) Any elector who is entitled to receive assistance in voting under the provisions of this Section shall be permitted by the managers to select (i) two poll officers of the election district (who shall act jointly), (ii) an elector of the county owning an interest in real property located within the county, (iii) the spouse of such a property owner, or (iv) the mother, father, sister, brother, spouse, or child of the elector entitled to receive assistance, to enter
the voting compartment or booth with him to assist him in voting, such assistance to be rendered inside the voting compartment or booth. No person, including a poll officer shall assist more than ten such electors in any primary or election.

(c) The oaths of assisted electors shall be returned by the chief manager to the superintendent who shall deliver same to the board of registrars. If such physical disability was acquired after the time of registration and if it appears to be permanent, the registrars shall record the need for voting assistance on subsequent electors lists for so long as the disability shall continue. The oaths of assisted electors shall be available for public inspection."

(41) That the Senate and the House recede from their respective positions on House amendment No. 63, and that the following be adopted in lieu thereof:

By striking the first sentence of subsection (a) of Section 34-1321 in its entirety and by inserting in lieu thereof the following: "After the polls close at 7:00 o'clock p.m. and as soon as all the ballots have been properly accounted for, and those outside the ballot box, as well as the voters certificates, numbered list of voters and electors list have been sealed, the poll officers shall open the ballot box and take there from all ballots contained therein."

(42) That the House and the Senate recede from their respective positions on House amendment No. 64, and adopt in lieu thereof the following:

By striking the second sentence of subsection (b) of Section 34-1405 in its entirety.
(43) That the House recedes from its position as set out in House amendment No. 65.
(44) That the House recedes from its position as set out in House amendment No. 66.
(45) That the House and the Senate recede from their respective positions on House amendment No. 69 and adopt in lieu thereof the following:

TUESDAY, JUNE 16, 1964

903

By striking the last sentence of Code Section 34-1514 and by in serting in lieu thereof a new sentence to read as follows: "The pro visions of this Section shall not apply to candidates seeking party nomi nation for or election to the governing authority of a county during the year 1964, and such candidate shall be nominated in the manner pre scribed by the rules of the county executive committee of his county in the case of a primary, and by the provisions of any local act establish ing such governing authority in the case of an election; and this sentence shall be automatically repealed on January 1, 1965."

(46) That the Senate recedes from its position in disagreeing to House amendment No. 70.

(47) That the Senate recedes from its position in disagreeing to House amendment No. 71.

(48) That the House recedes from its position as set out in House amendment No. 75.

(49) That the House and the Senate recede from their respective positions on House amendment No. 76 and adopt in lieu thereof the following:

By striking subsection (a) of Section 34-1707 in its entirety and by inserting in lieu thereof a new subsection (a) to read as follows:

"(a) All issues of a contest shall be fully tried and determined by the court, within the aid and intervention of a jury, unless a litigant to the contest shall demand a trial by jury at any time prior to the call of the case, and the court shall determine that it is an issue, which under other laws of this State, the litigant is entitled to have tried by a jury. Upon such determination, a jury shall be impaneled and the cause shall proceed according to the practice and procedure of the court in jury cases."
(50) That the Senate recedes from its position in disagreeing to House amendment No. 79.
(51) That the House recedes from its position as set out in House amendment No. 80.
(52) That the House and the Senate recede from their respective positions on House amendment No. 87 and adopt in lieu thereof the following:

By striking subsection (a) of Code Section 34-1920 in its entirety and by inserting in lieu thereof a new subsection (a) to read as follows:

"(a) Permits any unregistered person to vote at any primary or election, knowing such person is unregistered; or,".

(53) That the House recedes from its position as set out in House amendment No. 88.

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JOURNAL OP THE HOUSE,

(54) That the Senate recedes from its position in disagreeing to House amendment No. 92.

(55) That the House and the Senate recede from their respective positions on House amendment No. 93 and adopt in lieu thereof the following:

By inserting after Code Section 34-1936 a new Code Section to be known as Code Section 34-1937 to read as follows:

"Section 34-1937. Sale of alcoholic beverages during certain times on primary or election days and in certain areas prohibited. Any person who sells, buys, or offers to sell any intoxicating beverage during the hours the polls are open on a day in which a primary or election is held and within the area in which the said primary or election is held, shall be guilty of a misdemeanor."
(56) That the Senate and the House adopt the following:

By adding after Code Section 34-1937 new Code Sections to be known as Code Sections 34-1938 and 34-1939 to read as follows:

"Section 34-1938. Unauthorized campaign activities. Any per son who violates any provision of Code Section 34-1307 shall be guilty of a misdemeanor.
"Section 34-1939. Count and return of votes. Any poll officer who shall count any votes before the close of the polls or before the last person has voted, whichever occurs later in point of time, on the day of any primary or election shall be guilty of a mis demeanor."
By renumbering the subsequent Sections accordingly.
(57) That the House and the Senate recede from their respective positions on House Amendment No. 94 and adopt the following in lieu thereof:

By striking newly numbered Section 34-1940 in its entirety and by inserting in lieu thereof a new Section to read as follows:

"Section 34-1940. Punishment for felonies. Each person con victed of a crime declared to be a felony under the provisions of this Code shall be punished by a fine of not less than Two Hundred Dollars ($200.00) nor more than Two Thousand Dollars ($2,000.00) or imprisonment of not less than one year nor more than three years or both in the discretion of the trial court; or may be punished as for a misdemeanor in the discretion of the trial court."

(58) That the Senate and the House recede from their respective positions on House Amendment No. 95 and adopt in lieu thereof the following:

TUESDAY, JUNE 16, 1964

905

By striking newly numbered Section 34-1941 in its entirety and by inserting in lieu thereof a new Section to read as follows:

"Section 34-1941. Punishment for misdemeanors. Each person convicted of a crime declared to be a misdemeanor under the pro visions of this Code shall be punished by a fine of not less than One Hundred Dollars ($100.00) nor more than One Thousand Dollars ($1,000.00) confinement in the county jail or other place of imprisonment not to exceed six months, to work on the public works in such public works camp or other appropriate institution under the jurisdiction of the State Board of Corrections not to exceed twelve months, any one or more of these punishments in the discretion of the trial judge."
(59) That the House and the Senate adopt the following:

By striking from subsection (a) of Section 34-2001 the last sentence which reads as follows: "Provided, however, nothing contained herein shall be construed to repeal Code Section 34-2301 relating to Con gressional Districts and said Code Section shall remain of full force and effect."
(60) That the House and the Senate adopt the following:
By striking subsection (at) of Section 34-2001 in its entirety and by inserting in lieu thereof a new subsection (at) to read as follows:
"(at) An Act providing for absentee voting by the military, February 26, 1953 (Ga. Laws 1953, Jan.-Feb. Sess., p. 244), as amended; provided, however, nothing herein shall be construed so as to repeal Paragraph 2 Section 8 of this Act, as amended, par ticularly by an Act approved October 5, 1962 (Ga. Laws 1962, E. S. Sept.-0ct., p. 13). Said Paragraph 2 Section 8 shall be re tained in full force and effect until January 1, 1965, at which such time said Section shall be automatically repealed and shall be null, void and of no force and effect;"
(61) That the House and the Senate adopt the following:

By adding after subsection (et) of Section 34-2001 new subsections to be known as subsections (eu), (ev) and (ew), to read as follows:
"(eu) So much of Section 14 and 28 of an Act approved Febru ary 3, 1938 (Ga. Laws 1937-38 E. S. p. 103), as amended, as relates to the sale of spiritous liquors on election days;
(ev) Code Section 58-609 relating to the giving or furnishing of spirits, intoxicating or malt liquors to any persons on days of elections or primary elections; and
(ew) Code Section 58-610 relating to the definition of primary elections."

906

JOURNAL OP THE HOUSE,

(62) That the House and the Senate recede from their respective positions on House amendment No. 96 and adopt the following in lieu thereof:
"34-2004. Express retentions, (a) Code Section 34-2301 re lating to the Congressional Districts and the composition thereof so as to designate the counties and portions thereof which shall compose the Congressional Districts of this State, as amended by an Act approved March 13, 1964 (Ga. Laws 1964, pp. 478-481) is expressly retained and shall not be construed as being repealed by the provisions of this Code. Such Code Section 34-2301 is hereby redesignated as Section 34-1801 and placed in a chapter entitled 'Chapter 34-18. Congressional Districts,' and such Chapter is here by made a part of this Code and is hereby inserted between Chapters 34-17 and 34-19 of this Code.
"(b) That Act approved March 13, 1964 (Ga. Laws 1964, pp. 478-481) relating to the composition of the Congressional Districts of this State is hereby expressly retained in full force and effect.
"(e) That Paragraph 2 Section 8 of an Act providing for ab sentee voting by the military approved February 26, 1953 (Ga. Laws 1953, Jan.-Feb. Sess., p. 244), as amended, particularly by an Act approved October 5, 1962 (Ga. Laws 1962, E. S. Sept.-Oct., p. 13) shall not be construed as being repealed by the provisions of this Code but shall remain of full force and effect until January 1, 1965, at which such time said Section shall be automatically re pealed and shall be null, void and of no force and effect."
(63) That the House and the Senate adopt the following:
By striking from subsection (g) of Section 34-1315 the figures "34-628 (c)" and by inserting in lieu thereof the figures "34-1310 (c)".
(64) That the Senate and the House adopt the following:
By striking the first sentence of Section 34-624 and inserting in lieu thereof a new sentence to read as follows:
"Each elector whose name appears on such list, and who is not found to be disqualified subsequent to the filing of such list, shall be entitled to vote in any primary or election held during the period subsequent to the filing of such list and before the filing of the next such list; provided, however, that an elector, voting in the primary or primaries held by a single party for the nomination of candidates to seek public offices to be filed in an election, shall not vote in a primary held by any other party for the nomination of candidates to seek public offices to be filled in the same such election."
Respectfully submitted,
By: Hugh Gillis of 20th Carlton of 21st Loggins of 53rd On behalf of the Senate
By: George D. Busbee of Dougherty Hale of Dade Bagby of Paulding On behalf of the House

TUESDAY, JUNE 16, 1964

907

Paragraph 1 was read and adopted.

Paragraph 2 was read and by unanimous consent was postponed until Wednesday, June 17, 1964.

Paragraph 3 was read and adopted.

Paragraph 4 was read.

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

Those voting in the affirmative were Messrs.

Alien Anderson Arnsdorff Bagby Barber Beck Bell Blair Blalock, D. B. Bolton Bowen, A. Branch Brown Busbee Byrd Caldwell Carr Clarke, H. G. Davis Dicus Duncan, A. C. Flournoy Flynt Fowler, A. A., Jr. Fowler, J. W. Gibbons Greene

Groover Hall Harrell Henderson Hill Hurst Isenberg Johnson, A. S., Dr. Jones, D. C. Jones, F. C. Jordan, J. E. Jordan, W. H. Keyton Kirkland Lambert Lee, Wm. S. Lewis Lokey Lowrey Mackay McCracken McKemie Morgan, J. H. Odom Overby Partridge Peterson

Phillips Pickard Reaves Rhodes Rogers, Jimmie Rowland Russell Shea Simmons Simpson Sinclair Singer Smith, E. B., Jr. Smith, G. L. II Smith, R. R. Spikes Steis Story Strickland Tucker, Ray M. Twitty Underwood, J. C. Vaughn White Wilkes Woodward Hudgins

Those voting in the negative were Messrs.:

Ballard Baughman

Black Bowen, R. L.

Bowen, R. W. Brooks, Geo. B.

908
Brooks, Wilson Bynum Causby Coker, G., Dr. Conger Dennard Dixon Dorminy Duncan, J. E. Echols Funk Harrington Harris House

JOURNAL OF THE HOUSE,
Jones, M. Keadle Kelly Lane Lee, G. B. Leonard Matthews, D. E. Meeks Milford Milhollin Mixon Murphy Pafford Paris

Ponsell Pope Rainey Raulerson Roberts Sewell Smith, A. C., Jr. Walker Watts Wells, D. W. Wiggins Williams, G. J. Wilson, J. M.

Those not voting were Messrs.:

Abney Acree Andrews Bedgood Blalock, E. Bowen, R. P. Brackin Brantley Chandler Clark, J. T. Coker, R. Conner Cullens Dean, N. Deen, H. D. DeVane Etheridge Fleming Floyd Fulford Griffin Hale Herndon Horton Houston Hull

Johnson, B. Jones, C. M. Killian Knight, D. W. Knight, W. D. Laite Lee, W. J. (Bill) Lindsey Logan Matthews, C. McClelland McDonald Melton Mitchell Moate Moore Morgan, H. Mullis Nessmith Newton, A. S. Newton, D. L. Parker Payton Perry Poole Poss

Richardson Rodgers, H. B. Roper Rutland Scarborough Shuman Smith, Chas. C. Smith, V. T. Snow Stalnaker Stuckey Tabb Teague Todd Towson Tucker, J. B. Tucker, M. K. Underwood, R. R. Ware Warren Watson Wells, H. H. Williams, W. M. Wilson, Hoke Smith, G. T.

On the adoption of the paragraph 4, the ayes were 81, nays 47.

Paragraph 4 was adopted.

Paragraph 5 was read and adopted.

TUESDAY, JUNE 16, 1964

909

Paragraph 6 was read and adopted.

Paragraph 7 was read.

On the adoption of paragraph 7 the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Arnsdorff Bagby Bell Blair Blalock, D. B. Bolton Bowen, A. Busbee Bynum Byrd Coker, G., Dr.

Davis Deen, H. D. Dixon Flournoy Hale Harris House Jordan, W. H. Lee, Wm. S. Melton Overby Peterson

Phillips Richardson Shea Smith, A. C., Spikes Stalnaker Steis Twitty Vaughn Watts

Those voting in the negative were Messrs.:

Alien Ballard Barber Baughman Beck Bowen, R. W. Brackin Branch Brooks, Geo. B. Brown Caldwell Clarke, H. G. Coker, R. Conger Dennard Dorminy Duncan, A. C. Duncan, J. E. Echols Fleming Fowler, J. W. Gibbons Greene Groover Hall Henderson Hurst Isenberg

Johnson, A. S., Dr. Jones, M. Jordan, J. E. Keyton Kirkland Knight, W. D. Laite Lane Lee, G. B. Leonard Lewis Lowrey Matthews, D. R. McCracken Meeks Milford Mixon Murphy Nessmith Newton, D. L. Pafford Paris Partridge Perry Pickard Ponsell Pope Raulerson

Reaves Rhodes Roberts Rogers, Jimmie Roper Rowland Russell Sewell Shuman Simmons Simpson Sinclair Smith, E. B., Jr. Smith, G. L., Jr. Smith, R. R. Snow Story Todd Tucker, Ray M. Walker Wells, D. W. White Wiggins Williams, G. J. Wilson, J. M. Hudgins

910

JOURNAL OF THE HOUSE,

Those not voting were Messrs.:

Acree Anderson Andrews Bedgood Black Blalock, E. Bowen, R. L. Bowen, R. P. Brantley Brooks, Wilson Carr Causby Chandler Clark, J. T. Conner Cullens Dean, N. DeVane Dicus Etheridge Floyd Plynt Fowler, A. A., Jr. Fulford Funk Griffin Harrell Harrington Herndon Hill

Horton Houston Hull Johnson, B. Jones, C. M. Jones, D. C. Jones, F. C. Keadle Kelly Killian
Knight, D. W. Lambert Lee, W. J. (Bill) Lindsey Logan Lokey Mackay Matthews, C. McClelland McDonald McKemie Milhollin Mitchell Moate Moore Morgan, H. Morgan, J. H. Mullis Newton, A. S. Odom

Parker Payton Poole Poss Rainey Rodgers, H. B. Rutland Scarborough Singer Smith, Chas. C. Smith, V. T. Strickland Stuckey Tabb Teague Towson Tucker, J. B. Tucker, M. K. Underwood, J. C. Underwood, R. R. Ware Warren Watson Wells, H. H. Wilkes Williams, W. M. Wilson, Hoke Woodward Smith, G. T.

On the adoption of paragraph 7, the ayes were 34, nays 82.

Paragraph 7 was disagreed to.

Paragraph 8 was read and adopted.

Paragraph 9 was read and adopted.

Paragraph 10 was read.
On the adoption of paragraph 10, the roll call was ordered and the vote was as follows:

TUESDAY, JUNE 16, 1964

Those voting in the affirmative were Messrs.:

Abney Bagby Barber Bell Blalock, D. B. Bolton Brooks, Wilson Busbee Clarke, H. G. Coker, G., Dr.

Davis Dennard Duncan, A. C. Harris House Jordan, J. E. Lee, Wm. S. Lowrey Melton Overby

911
Peterson Pope Rogers, Jimmie Smith, A. C., Jr. Smith, E. B., Jr. Smith, R. R. Steis Wilkes

Those voting in the negative were Messrs.:

Alien Ballard Baughman Beck Blair Bowen, R. W. Brackin Branch Brooks, Geo. B.
Brown Bynum Caldwell Carr Coker, R. Conger Deen, H. D. Dixon Dorminy Echols Gibbons Greene Groover Hall Harrington Henderson Hurst Johnson, A. S., Dr. Johnson, B. Jones, P. C.

Jones, M. Keadle Kelly Keyton Kirkland Knight, W. D. Lambert Lane
Lee, G. B. Leonard Lewis Matthews, D. R. McCracken McKemie Milford Milhollin Mixon Murphy Nessmith Newton, D. L. Pafford Paris Partridge Payton Perry Ponsell Raulerson Reaves Rhodes

Richardson Roberts Roper Rowland Russell Sewell Shea Simmons Sinclair Smith, V. T. Snow, Wayne Spikes Story Strickland Todd Tucker, Ray M. Twitty Underwood, J. C. Vaughn Walker Wells, D. W. Wells, H. H. White Wiggins Williams, G. J. Wilson, J. M. Woodward Hudgins

Those not voting were Messrs.:

Acree Anderson Andrews Arnsdorff Bedgood Black Blalock, E. Bowen, A.

Bowen, R. L. Bowen, R. P. Brantley Byrd Causby Chandler Clark, J. T. Conner

Cullens Dean, N. DeVane Dicus Duncan, J. E. Etheridge Fleming Flournoy

912
Floyd Flynt Fowler, A. A., Jr. Fowler, J. W. Fulford Funk Griffin Hale Harrell Herndon Hill Horton Houston Hull Isenberg Jones, C. M. Jones, D. C. Jordan, W. H. Killian Knight, D. W. Laite Lee, W. J. (Bill) Lindsey

JOURNAL OF THE HOUSE,
Logan Lokey Mackay Matthews, C. McClelland McDonald Meeks Mitchell Moate Moore Morgan, H. Morgan, J. H. Mullis Newton, A. S. Odom Parker Phillips Pickard Poole Poss Rainey Rodgers, H. B. Rutland

Scarborough Shuman Simp son Singer Smith, Chas. C. Smith, G. L. II Stalnaker Stuckey Tabb Teague Towson Tucker, J. B. Tucker, M. K. Underwood, R. R. Ware Warren Watson Watts Williams, W. M. Wilson, Hoke Smith, G. T.

On the adoption of paragraph 10, the ayes were 28, nays 86.

Paragraph 10 was disagreed to.

Paragraph 11 was read and adopted.

Paragraph 12 was read and by unanimous consent postponed until Wednes day, June 17, 1964.

Paragraph 13 was read and by unanimous consent postponed until Wednesday, June 17, 1964.

Mr. Bolton of Spalding moved that this House do now adjourn until 10:00 o'clock a.m. tomorrow morning and the motion prevailed.

The Speaker announced the House adjourned until 10:00 o'clock a.m. to morrow morning, and further consideration of the Conference Committee on SB 1 was carried over as unfinished business.

WEDNESDAY, JUNE 17, 1964

913

Representative Hall, Atlanta, Georgia Wednesday, June 17, 1964

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

Prayer was offered by Dr. J. Davison Philips, Pastor, Decatur Presbyterian Church, Decatur, Ga.

By unanimous consent the call of the roll was dispensed with.

Mr. Clarke of Monroe, Chairman of the Committee on Auditing, Enrolling, Engrossing and Journals reported that the Journal of the previous legislative day had been read and found to be correct.

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

The Journal was confirmed.

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. 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. Hale of Dade County Chairman of the Committee on Local Affairs sub mitted the following report:

Mr. Speaker:

Your Committee on Local Affairs has had under consideration the following Bill of the Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:

SB 17. Do Pass.

Respectfully submitted, Hale of Dade Chairman.

914

JOURNAL OP THE HOUSE,

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

Mr. Speaker:

The Senate has adopted as amended by the requisite constitutional majority the following Resolutions of the House to wit:

HR 14-16. By Messrs. Echols and Caldwell of Upson:
Proposing an amendment to the Constitution of the State of Georgia so as to create a body corporate and politic and an instrumentality of the State of Georgia to be known as the Thomaston Office Building Authority; and for other purposes.

HR 50-59. By Messrs. Harrington and Chandler of Baldwin:
A Resolution proposing an amendment to the Constitution so as to create the City of Milledgeville-Baldwin County Recreation Authority; and for other purposes.

HR 57-65. By Mr. Parker of Screven:
A Resolution proposing an amendment to the Constitution so as to repeal a proposed amendment to the Constitution relating to the election of the members of the Board of Education of Screven County by the people; and for other purposes.

The Senate has passed by the requisite constitutional majority the following Resolutions of the Senate to wit:

HR 33-41. By Mr. Vaughn of Rockdale:
A Resolution proposing an amendment to the Constitution so as to add two additional members to the Board of Education of Rockdale County; to provide for their election and terms of office; and for other purposes.

HR 48-51. By Mr. Paris of Barrow: A Resolution proposing an amendment to the Constitution so as to change the name of the Barrow County Industrial Building Authority; and for
other purposes.

HR 49-59. By Mr. Vaughn of Rockdale: A Resolution proposing an amendment to Article VII, Section VI, Para-

WEDNESDAY, JUNE 17, 1964

915

graph I of the Constitution, which authorizes the General Assembly to create the Rockdale County-Conyers Water Authority, so as to re-create the Rockdale County-Conyers Water Authority, to broaden the scope of the powers which the General Assembly may confer upon said Authority; and for other purposes.

The Senate has adopted as amended by the requisite constitutional majority the following Resolutions of the House to wit:

HR 6-1. By Messrs. Smith of Grady, Bolton of Spalding and others:
A Resolution proposing a revised Constitution of Georgia; and for other purposes.

Senator Spinks of the 9th asked unanimous consent that the following Bill of the House be recalled from the House for the purpose of amending:

HB 65. By Messrs. Newton and Matthews of Colquitt:
A Bill to change the corporate limits of the City of Moultrie; and for other purposes.

By unanimous consent, the following Resolution of the House was read and referred to the Committee on Rules:

HR 110. By Messrs. Murphy of Haralson, Paris of Barrow, Lewis of Wilkinson,
Roberts of Jones, Hurst of Quitman, Steis of Harris, Groover of Bibb, Laite of Bibb, Alien of Tift, Black of Webster, Hudgins of Chattahoochee, Beck of Twiggs, and many, many others:
A RESOLUTION
To amend the Rules of the House of Representatives; and for other purposes.
BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the Rules of the House are hereby amended by adding between Rules 204 and 205 a new Rule to be known as 204 (A) to read as follows:
"204(A). Whenever the 'Ayes' and 'Nays' are taken by an electric roll call system, said system shall employ a device which shall be clearly visible within the halls of the House of Representa tives on which the names of all the Representatives shall appear. Beside each name there shall be a light or other device which shall

916

JOURNAL OF THE HOUSE,

indicate when the machine is placed in operation whether the mem ber whose name is opposite said device is voting. However, the device shall not indicate whether the member is voting 'Aye' or 'Nay'. Said electrical roll call system shall tally the total number of members voting but shall not in any manner, except as herein after provided, total the number of votes cast in the affirmative or the negative. The device shall be so designed that when, at the directon of the Speaker, the machine is locked, than and only then, shall the electrical device record and display the manner in which the members of the House voted on and the total number of 'Ayes' and 'Nays' each on the question in dispute."

The following Resolutions of the House were read and adopted:

HR 111. By Messrs. Lee of Clinch, Simpson of Wheeler, Causby of Gordon, Simmons of Banks, Barber of Jackson, Branch of Tift, Fowler of Treutlen, Blair of Sumter, Laite of Bibb, Rhodes of Baker, Vaughn of Rockdale and 179 others:
A RESOLUTION
Relative to the Honorable James L. Gillis; and for other purposes.
WHEREAS, the Honorable James L. Gillis, Director of the State Highway Department, has devoted to the citizens of this State the major portion of his adult life in administering an efficient and progressive road building program within the State of Georgia; and
WHEREAS, the State Highway Department has recently come under fire from certain quarters, criticizing the administration of this Department's road building policies and their expenditure of tax funds; and
WHEREAS, those of us who have been in a position to become intimately acquainted with the policies and procedures employed by the State of Georgia in administering the State's vast road building program have come to the realization that under the leadership of the Honorable James L. Gillis the State Highway Department has gained national and international fame for the efficiency of its operations and the fairness with which funds of the taxpayer have been distributed throughout the entire State in providing all segments of the populous with as many roads of high quality as is consistent with the funds available for that purpose and the need therefor; and
WHEREAS, the members of this body who have had the distinct pleasure of working with the Honorable James L. Gilis in his admini strative capacity as head of the State Highway Department are con vinced that to find a better administrator and executive than the Hon orable James L. Gillis would be an almost insurmountable task; and

WEDNESDAY, JUNE 17, 1964

917

WHEREAS, it is the desire of this body to record its enthusiastic support and confidence in the administrative abilities and capacities of the Honorable James L. Gillis; and

WHEREAS, it is also the desire of this body to express it satisfac tion with the policies and procedures now being employed in providing Georgia with one of the finest road building programs in the nation; and

WHEREAS, it is only fitting and proper that this body record the esteem in which James L. Gillis is held and revered by the people of the State of Georgia.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body does hereby express its complete and wholehearted confidence in the Honorable James L. Gillis and in the present road building program being administered by the State Highway Department and does hereby commend him for the many, many years of devoted public service, freely given to the citizens of this State of Georgia by this distinguished gentleman.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit an ap propriate copy of this Resolution to the Honorable James L. Gillis.

HR 112. By Messrs. Odom of Dougherty, Floyd of Chattooga, and many others:
A RESOLUTION
Commending the Honorable John C. Scarborough, Jr.; and for other purposes.
WHEREAS, the Honorable John C. Scarborough, Jr. will not return to the Georgia House of Representatives as a member thereof; and
WHEREAS, at the conclusion of the present special session he will have completed his second term as a member of the House of Repre sentatives, representing Crawford County; and
WHEREAS, during the gentleman's tenure in the House of Repre sentatives, he has championed the cause of the sparsely populated coun ties, representing the interests of the rural Georgian; and
WHEREAS, his counsel and advice in regards to matters pertain ing to and affecting the rural populace of Georgia will be sorely missed by this body; and
WHEREAS, the gentleman from Crawford has been one of the most outstanding and distinguished "roadrunners"; and
WHEREAS, this outstanding young man has most ably and ef-

918

JOURNAL OF THE HOUSE,

fectively represented the interests of his constituents and the people of the State of Georgia as a whole while serving as a member of this General Assembly.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend the able and distinguished representative from Crawford County, John C. Scar borough, Jr., for his many varied and outstanding contributions made while a member of this body, and does hereby express its desire that the advice and counsel given to this body by this distinguished legislator shall not be lost for long.

BE IT FURTHER RESOLVED that the Clerk of the House is hereby authorized and instructed to transmit a suitable copy of this Resolution to the Honorable John C. Scarborough, Jr., Representative, Crawford County.

HR 113. By Messrs. Stalnaker of Houston, DeVane of Schley, and many many others:
A RESOLUTION
Relative to the Honorable J. W. Sewell; and for other purposes.
WHEREAS, the Honorable J. W. Sewell, the distinguished and able Representative from Sumter County, is on this day celebrating his 25th wedding anniversary; and
WHEREAS, it is befitting and proper that this body recognize the many long years of married happiness existing between the distinguished gentleman from Sumter County and his most beautiful and charming wife, Martha; and
WHEREAS, these two distinguished Georgians are parents of four fine children: Ruth, age 20, who is the Potato Queen of 1964; Martha Anne, age 16; Jim age 9; and Rose age 3; and
WHEREAS, it is the desire of this body to recognize this fine and distinguished family on this important day of their lives.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby extend to the Honor able J. W. Sewell, his charming wife, Martha, and to their children its heartiest congratulations on this their 25th wedding anniversary.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to forward an ap propriate copy of this Resolution to the Honorable J. W. Sewell, Repre sentative from Sumter County.

WEDNESDAY, JUNE 17, 1964

919

HE 114. By Messrs. Caldwell of Upson, Groover of Bibb, and many many others:

A RESOLUTION

Commending Honorable Talmage B. Echols, Representative from Upson County; and for other purposes.

WHEREAS, Honorable Talmage B. Echols, the distinguished mem ber of the House of Representatives from Upson County, was born Oc tober 31, 1907, in Franklin County, Georgia; and

WHEREAS, he is the son of the late Morton M. Echols and Sally (Bruce) Echols; and

WHEREAS, he was married on October 10, 1929, to Louise Dean; and

WHEREAS, Honorable and Mrs. Echols are the parents of two fine sons, one of whom recently graduated from Young Harris College; and
WHEREAS, Mr. Echols is active in religious, civic and fraternal affairs in his community and is active in the political affairs of his community, county and the State of Georgia; and
WHEREAS, Mr. Echols is active in the business affairs of his community; and
WHEREAS, he has been a member of the House of Representatives from Upson County for the years 1957, 1958, 1959, 1960, 1961, 1962, 1963 and 1964; and
WHEREAS, at all times during his tenure, Mr. Echols has been an outstanding member of the General Assembly and through his astute and minute inspection of all legislative matters, many inaccuracies and inconsistencies in Bills and Resolutions have been avoided; and
WHEREAS, he has at all times ably represented his county and the State of Georgia; and
WHEREAS, his active participation as a member of the General Assembly of Georgia and his support of progressive legislation has proved Mr. Echols to be an able and outstanding legislator; and
WHEREAS, the many contributions made by this distinguished Georgian will be sorely missed by his departure from this body.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend the Honor able Talmage B. Echols, the distinguished member of the House of

920

JOURNAL OF THE HOUSE,

Representatives from Upson County, for his distinguished and out standing- service while a member of the House of Representatives.
BE IT FURTHER RESOLVED that the members of this body do hereby wish for him continued success and prosperity in any endeavors in which he undertakes.
BE IT FURTHER RESOLVED that as a token of our esteem and appreciation, the Clerk of the House of Representatives is hereby au thorized and directed to present an appropriate copy of this Resolution with the seal of the House of Representatives affixed thereto to Honor able Talmage B. Echols, Representative from Upson County.

HR 115. By Mr. Watson of Pike:

A RESOLUTION

Calling upon the President of the United States to include within his program of war on poverty the development of the Chattahoocb.ee and Flint River basins; and for other purposes.

WHEREAS, the President of the United States has embarked upon a program, unprecedented in history, of alleviating deep pockets of poverty throughout the nation; and

WHEREAS, particular emphasis has been placed upon those de pressed areas located within the Appalachian Mountain range; and

WHEREAS, the development of the Chattahoochee and Flint River basins through the construction of flood control dams will result in much needed hydro-electric power facilities, vast recreational oppor tunities and conservation of one of our most precious resources -- water -- and the development of wildlife conservation; and

WHEREAS, the vast undertaking of the development of these river basins will provide unprecedented employment opportunities for both skilled and unskilled personnel, providing the means of securing a liveli hood for school dropouts and untrained workers; and

WHEREAS, the headwaters of the Chattahoochee River are located within the heart of the North Georgia Appalachian region; and

WHEREAS, the resulting benefits to be derived from the develop ment of said river basins will extend into the vast tributaries of these two rivers; and

WHEREAS, the development of these two rivers will provide an inland canal which, when completed, will connect the Appalachicola River and the Savannah River, joining the Atlantic Ocean and the Gulf of Mexico; and

WHEREAS, the Honorable Carl E. Sanders, the progressive and young Governor of our State, has pledged all of the resources and en-

WEDNESDAY, JUNE 17, 1964

921

ergies available to his offfce to spur the completion of such a develop ment; and

WHEREAS, the many benefits to be derived from the inclusion of these projects within the President's program are readily assessable.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY that this body does hereby urge the Honorable Lyndon B. Johnson, President of the United States of America, to include as an integral part of his program to alleviate poverty within the United States the development of the Chattahoochee and Flint River basins.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit an ap propriate copy of this Resolution to the Honorable Lyndon B. Johnson, President of the United States, to the Georgia Congressional Delegation and to the Honorable C. P. Watson, Representative, Pike County.

HR 116. By Messrs. Groover of Bill, Conger of Decatur, and many many others:
A RESOLUTION
Commending Miss Sandi Darlene Bates; and for other purposes.
WHEREAS, Sandi Darlene Bates, born November 4, 1946, in DeKalb County, Georgia, is the lovely and charming daughter of Mr. and Mrs. Charles W. Bates; and
WHEREAS, Barbara (Mrs. Charles W.) Bates is the distinguished calendar clerk of the House of Representatives; and
WHEREAS, until 1963 Sandi Bates resided with here parents in DeKalb County, Georgia; and
WHEREAS, she was a student at the Gordon High School and was a member of the Honor Society, Beta Club and Secretary of the Junior Civitans; and
WHEREAS, in 1963, Miss Bates was Teenage Safety Queen of Georgia and attended the National and Southeast Conferences of the Teenage Traffic Safety Association as a delegate from Georgia; and
WHEREAS, in 1963, Miss Bates and her parents moved to Mecklen burg County, North Carolina; and
WHEREAS, next year Miss Bates will be a senior in the South Mecklenburg High School and during the current school year she was a member of the National Honor Society and a Junior Marshal; and
WHEREAS, during June, 1964, Miss Bates attended the 1964 Tar

922

JOURNAL OP THE HOUSE,

Heel Girls State sponsored by The American Legion Auxiliary of the Department of North Carolina; and

WHEREAS, she was an outstanding student of Girls State and due to her active participation and many accomplishments, she was elected Governor of Tar Heel Girls State; and

WHEREAS, in addition to her educational activities, Miss Bates is active in the religious and teenage activities in her community and is an outstanding example of the young people of our State and Nation.

NOW, THEREFORE. BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that Miss Sandi Darlene Bates recently of DeKalb County, Georgia and currently a distinguished citizen of Mecklen burg County, North Carolina, is hereby extended the sincerest congratu lations and commendations of this body for her outstanding record of achievements in her endeavors and undertakings during her young life.

BE IT FURTHER RESOLVED that this body does hereby extend to Miss Bates their best wishes for success in all her future endeavors.

BE IT FURTHER RESOLVED that Mr. and Mrs. Charles W. Bates are hereby commended for their outstanding parenthood and for the accomplishments of their lovely and charming daughter.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to present an appropri ate copy of this Resolution to Miss Sandi Darlene Bates and to Mr. and Mrs. Charles W. Bates.

HR 117. By Messrs. Raulerson of Echols, Bolton of Spalding, and many others:
A RESOLUTION
Commending Honorable Richard B. Russell, Honorable Herman E. Talmadge, Honorable Carl E. Sanders and the Georgia Congressional Delegation for their opposition to the Civil Rights Bill; and for other purposes.
WHEREAS, the Honorable Richard B. Russell, Senior United States Senator from the State of Georgia, has been the focal point in rallying opposition to the Civil Rights Bill now pending before the United States Senate; and
WHEREAS, this distinguished statesman has with boundless energy waged a never-relenting battle against the adoption of said bill; and
WHEREAS, every energy, talent and ability at the command of this distinguished statesman has been employed in his dedicated effort of representing the people of the State of Georgia in his capacity as

WEDNESDAY, JUNE 17, 1964

923

their United States Senator in thwarting the attempts of the proponents of this legislation to force upon the people of the State of Georgia unneeded and unwanted legislation in this field; and

WHEREAS, the Honorable Herman E. Talmadge, Junior United States Senator from the State of Georgia, has assisted with every force at his command the opposition forces to this Civil Rights Bill; and

WHEREAS, the vast knowledge and leadership ability of Senator Talmadge are known and recognized throughout the entire nation; and

WHEREAS, the many talents and abilities of these two outstand ing members of the United States Senate have been employed in such a manner that even though they are opposed by overwhelming numbers, they have continued to wage what in their own minds is a battle for constitutional government and for the best interest of the people of the United States, and not only for their constitutents located in the State of Georgia alone; and

WHEREAS, the Honorable Carl E. Sanders, the progressive and talented Governor of the State of Georgia, presented his views on the Public Accommodations Section of the Civil Rights Bill in an appearance before the Senate Commerce Committee which is unchallenged for its forthright and honest presentation of an argument based upon unfalter ing logic and displaying an unique wisdom and knowledge of a historical and philosophical background of the people of the State of Georgia; and

WHEREAS, Governor Sanders in said appearance presented a brilliant and unanswerable argument contrasting the respective merits of individual property rights and individual civil rights; and

WHEREAS, the Georgia Congressional Delegation of the House of Representatives opposed with equal vigor the Civil Rights Bill while it was pending before that legislative body; and

WHEREAS, said delegation continued to hammer away in an ef fort to rid said bill of the many inequities contained therein; and
WHEREAS, it is only befitting and proper that this body recognize the individual and collective efforts of these distinguished leaders in their statesmanlike efforts to strive for and retain a republican form of government based on sound constitutional principles.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend Honorable Richard B. Russell, Honorable Herman E. Talmadge, Governor Carl E. Sanders, and the entire Georgia Congressional Delegation of the House of Representatives for their forthright and courageous stand on these most vital and pressing subjects which face the American people today, and does hereby extend to each of these distinguished statesmen this body's encouragement and the encouragement of the people of the State of Georgia represented thereby to continue in their efforts to strive for constitutional government.

924

JOURNAL OP THE HOUSE,

BE IT FURTHER RESOLVED that this body does hereby express on behalf of the people of the State of Georgia its deepest and sincerest appreciation for the many personal sacrifices expended by these leaders of our State in opposing the Federal Civil Rights Bill.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to forward an ap propriate copy of this Resolution to Honorable Richard B. Russell, Honorable Herman E. Talmadge, Governor Carl E. Sanders, and to each member of the Georgia Congressional Delegation.

HR 118. By Messrs. Raulerson of Echols, Sewell of Sumter, and many others:
A RESOLUTION
Commending the Honorable George C. Wallace; and for other pur poses.
WHEREAS, the distinguished and outstanding young Governor of the .sovereign State of Alabama has carried the southern viewpoint in opposition to the Civil Rights Bill, now pending before the United States Senate, into the forefront of the public spotlight on a national basis; and
WHEREAS, Governor Wallace's campaign against the Civil Rights Bill has, in the most dramatic way, demonstrated the many weaknesses and evils which lie in said Civil Rights Bill; and
WHEREAS, the distinguished Governor from Alabama has been an outstanding exponent of the theory of states' rights, and has been forthright and honest in his arguments therefor; and
WHEREAS, it is the feeling of this body that Governor Wallace's views on civil rights and states' rights represents the sentiment of the majority of the sound thinking people of the State of Georgia on these subjects.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend the Hon orable George C. Wallace for his forthright and courageous stand on these most vital and pressing subjects which face the American people today, and does extend to him their encouragement and the encourage ment of the people of the State of Georgia represented by this body to continue in his efforts to place his views before the public.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby authorized and instructed to transmit a suitable copy of this Resolution to the Honorable George C. Wallace, Governor of the State of Alabama.

WEDNESDAY, JUNE 17, 1964

925

HE 119. By Messrs. Bolton of Spalding, Smith of Grady, Busbee of Dougherty and Andrews of Stephens:

A RESOLUTION

To amend a Resolution relating to mileage for members of the House of Representatives, the Clerk and Assistant Clerks thereof, so as to increase the number of round trips for which such personnel shall be compensated; and for other purposes.

BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that HR 5 of the 1964 Extraordinary Session of the Georgia General As sembly, relating to mileage for members of the House of Representatives, the Clerk and Assistant Clerks thereof, is hereby amended by striking the figure "4" and substituting in lieu thereof the figure "5", so that when so amended said Resolution shall read as follows:

"A RESOLUTION

"Relative to mileage; and for other purposes.

BE IT RESOLVED BY THE HOUSE OF REPRESENTA TIVES that pursuant to law, the members of the House of Repre sentatives, the Clerk and Assistant Clerks shall be entitled to mile age at the same rate as that provided for regular sessions for 5 round trips."

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

SB 17. By Senators Brown of the 34th, Coggin of the 35th, Salome of the 36th and others:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Atlanta, so as to provide that the Mayor and Board of Aldermen shall have full and complete power and authority to require every person, firm or corporation engaged in the business of selling Spiritous, vinous or malt liquors at wholesale, to pay excise taxes based on the quantity or value of the commodity sold; and for other purposes.

The following amendment was read and adopted:
McClelland of Fulton County, moves to amend SB 17 as follows: By striking the second sentence of Section 2 in its entirety and sub stituting in lieu thereof a new sentence to read as follows:
"Said taxes shall be in addition to any and all other taxes or license fees authorized by law."

926

JOURNAL OF THE HOUSE,

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

On the passage of the Bill, as amended, the ayes were 120, nays 0.

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

Under the special and continuing order of unfinished business, the Conference Committee Report on SB 1 was again taken up.

Paragraph 14 was read and adopted.

Paragraph 15 was read.

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

Those voting in the affirmative were Messrs.

Abney Bagby Barber Bell Blalock, D. B. Bolton Busbee Byrd Chandler Dean, N.

Fulford Greene Hale Jones, C. M. Jordan, J. E. Lambert Lee, Wm. S. Logan Lowrey Pope

Rogers, Jimmie Smith, A. C., Jr. Story Tabb Todd Twitty White Wilkes Williams, W. M. Hudgins

Those voting in the negative were Messrs.:

Acree Alien Anderson Arnsdorff Baughman Beck Bedgood Black Blair Bowen, A.

Bowen, R. L. Bowen, R. W. Brackin Branch Brooks, Wilson Brown Causby Clark, J. T. Coker, G., Dr. Coker, R.

Conger Dennard DeVane Dixon Dorminy Echols Etheridge Fleming Funk Griffin

WEDNESDAY, JUNE 17, 1964

Groover Hall Harrell Harrington Harris Henderson Hill House Hull Isenberg Johnson, A. S., Dr. Johnson, B. Jones, M. Jordan, W. H. Keadle Keyton Knight, D. W. Knight, W. D. Lee, G. B. Lewis Lindsey McClelland

McCracken McKemie Meeks Milford Milhollin Mixon Morgan, H. Morgan, J. H. Murphy Nessmith Newton, D. L. Pafford Paris Partridge Pay ton Peterson Ponsell Poole Raulerson Rhodes Roberts Roper

927
Rowland Russell Scarborough Sewell Shea Simmons Simpson Singer Smith, E. B., Jr. Snow Stalnaker Strickland Tucker, M. K. Tucker, Ray M. Underwood, J. C. Underwood, R. R. Wells, D. W. Wells, H. H. Williams, G. J. Wilson, Hoke Woodward

Those not voting were Messrs.:

Andrews Ballard Blalock, E. Bowen, R. P. Brantley Brooks, Geo. B. Bynum Caldwell Carr Clarke, H. G. Conner Cullens Davis Deen, H. D. Dicus Duncan, A. C. Duncan, J. E. Plournoy Floyd Flynt Fowler, A. A., Jr. Fowler, J. W. Gibbons Herndon Horton Houston Hurst

Jones, D. C. Jones, F. C. Kelly Killian Kirkland Laite Lane Lee, W. J. (Bill) Leonard Lokey Mackay Matthews, C. Matthews, D. R. McDonald Melton Mitchell Moate Moore Mullis Newton, A. S. Odom Overby Parker Perry Phillips Pickard Poss

Rainey Reaves Richardson Rodgers, H. B. Rutland Shunian Sinclair Smith, Chas. C. Smith, G. L., II Smith, R. R. Smith, V. T. Spikes Steis Stuckey Teague Towson Tucker, J. B. Vaughn Walker Ware Warren Watson Watts Wiggins Wilson, J. M. Smith, G. T.

928

JOURNAL OF THE HOUSE,

On the adoption of the amendment, the ayes were 30, nays 95.

Paragraph 15 was disagreed to.

Paragraph 16 was read and adopted.

Paragraph 17 was read and adopted.

Paragraph 18 was read.

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

Those voting in the affirmative were Messrs.:

Arnsdorff Bagby Bell Black Blair Blalock, D. B. Bolton Bowen, A. Bowen, R. W. Brackin Brown Busbee Byrd Caldwell Chandler Coker, G., Dr. Coker, R. Cullens Davis Dean, N. Deen, H. D. Dixon Dorminy Duncan, A. C. Fowler, J. W. Fulford Gibbons Greene Hale

Hall Harrell Henderson Isenberg Johnson, A. S., Dr. Jones, C. M. Jones, F. C. Jordan, W. H. Laite Leonard Lindsey Lokey McCracken McKemie Melton Milford Moate Morgan, H. Morgan, J. H. Odom Overby Payton Peterson Phillips Ponsell Poole Pope Poss Reaves

Roberts Rogers, Jimmie Roper Scarborough Simmons Sinclair Singer Smith, A. C., Jr. Smith, G. L., II Snow Spikes Stalnaker Steis Story Strickland Tabb Twitty Underwood, J. C. Vaughn Walker Watts Wells, D. W. Wells, H. H. Wilkes Williams, G. J. Williams, W. M. Woodward

WEDNESDAY, JUNE 17, 1964

929

Those voting in the negative were Messrs.

Alien Anderson Ballard Barber Baughman Beck Bowen, R. L. Branch Brooks, Wilson Causby Clark, J. T. Clarke, H. G. Conger Dennard DeVane Echols Etheridge Floyd Flynt Funk Groover Harris

House Hull Jones, M. Jordan, J. E. Keadle Keyton Killian Knight, D. W. Knight, W. D. Lambert Lee, G. B. Lewis Logan Lowrey Mackay McClelland Milhollin Mitchell Mixon Murphy Nessmith Newton, D. L.

Pafford Paris Partridge Rainey Rhodes Rowland Russell Shea Shuman Simpson Smith, R. R. Smith, V. T. Teague Tucker, M. K. Tucker, Ray M. Underwood, R. R. White Wiggins Wilson, Hoke Wilson, J. M. Hudgins

Those not voting were Messrs. :

Abney Acree Andrews Bedgood Blalock, E. Bowen, R. P. Brantley Brooks, Geo. B. Bynum Carr Conner Dicus Duncan, J. E. Fleming Flournoy Fowler, A. A., Jr. Griffin Harrington Herndon

Hill Horton Houston Hurst Johnson, B. Jones, D. C. Kelly Kirkland Lane Lee, W. J. (Bill) Lee, Wm. S. Matthews, C. Matthews, D. R. McDonald Meeks Moore Mullis Newton, A. S. Parker

Perry Pickard Raulerson Richardson Rodgers, H. B. Rutland Sewell Smith, Chas. C. Smith, E. B., Jr. Stuckey Todd Towson Tucker, J. B. Ware Warren Watson Smith, G. T.

On the adoption of the paragraph, the ayes were 85, nays 65.

Paragraph 18 was adopted.

930

JOURNAL OP THE HOUSE,

Mr. Richardson of Chatham requested that the Journal show him as having voted "Nay".

Mr. Hill of Meriwether would like to be recorded as voting "Aye".

Paragraph 19 was read and adopted.

Paragraph 20 was read and adopted.

Paragraph 21 was read and adopted.

Paragraph 22 was read.

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

Those voting in the affirmative were Messrs.

Alien Arnsdorff Bagby Black Blair Bolton Bowen, A. Brooks, Wilson Brown Busbee Byrd Causby Coker, G., Dr. Conger Cullens Dean, N. Duncan, A. C. Fulford Gibbons

Greene Groover Hale House Isenberg Jones, C. M. Jordan, J. E. Killian Laite Lambert Lewis Lindsey Lowrey McClelland McCracken McKemie Milford Morgan, H. Morgan, J. H.

Those voting in the negative were Messrs.:

Anderson Barber Baughman Blalock, D. B.

Bowen, R. L. Bowen, R. W. Brackin Chandler

Nessmith Odom Overby Pope Rogers, Jimmie Sewell Shea Simmons Singer Smith, A. C,., Jr. Spikes Story Tucker, Ray M. Twitty Underwood, J. C. Vaughn Warren Watts Hudgins
Clark, J. T. Deen, H. D. Dennard DeVane

WEDNESDAY, JUNE 17, 1964

931

Dixon Dorminy Echols Flynt Fowler, J. W. Funk Harrington Henderson Hill Hull Hurst Johnson, A. S., Dr. Johnson, B. Keadle Keyton Kirkland Knight, W. D. Lee, G. B.

Leonard Milhollin Mixon Moate Murphy Newton, D. L. Pafford Paris Partridge Perry Ponsell Poole Reaves Roberts Roper Rowland Russell Scarborough

Simpson Sinclair Smith, R. R. Smith, V. T. Snow Steis Tabb Todd Tucker, M. K. Underwood, R. R. Walker Wells, D. W. White Williams, G. J. Wilson, Hoke Wilson, J. M.

Those not voting were Messrs.:

Abney Acree Andrews Ballard Beck Bedgood Bell Blalock, E.
Bowen, R. P. Branch Brantley Brooks, Geo. B. Bynum Caldwell Carr Clarke, H. G. Coker, R. Conner
Davis Dicus Duncan, J. E. Etheridge Fleming Flournoy Floyd Fowler, A. A., Jr. Griffin Hall

Harrell Harris Herndon Horton Houston Jones, D. C. Jones, F. C. Jones, M. Jordan, W. H. Kelly Knight, D. W. Lane Lee, W. J. (Bill) Lee, Wm. S. Logan Lokey Mackay Matthews, C. Mathews, D. R. McDonald Meeks Melton Mitchell Moore Mullis Newton, A. S. Parker Payton

Peterson Phillips Pickard Poss Rainey Raulerson Rhodes Richardson Rodgers, H. B. Rutland Shuman Smith, Chas. C. Smith, E. B., Jr. Smith, G. L. II Stalnaker Strickland Stuckey Teague Towson Tucker, J. B. Ware Watson Wells, H. H. Wiggins Wilkes Williams, W. M. Woodward Smith, G. T.

On the adoption of the paragraph, the ayes were 57, nays 64.

Paragraph 22 was disagreed to.

932

JOURNAL OP THE HOUSE,

Mr. Williams of Hall would like to be recorded as voting "Aye".

Paragraph 23 was read and adopted.

Paragraph 24 was read.

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

Those voting in the affirmative were Messrs.:

Abney Anderson Arnsdorff Bagby Beck Blair Blalock, D. B. Bolton Bowen, A. Brooks, Wilson Busbee Coker, R. Conger Dixon Duncan, A. C. Etheridge Fowler, A. A., Jr. Gibbons Greene Groover

Hale Harrell Harris Isenberg Johnson, A. S., Dr. Killian Lambert Lee, Wm. S. Lindsey McClelland McCracken McKemie Milford Morgan, H. Morgan, J. H. Overby Peterson Phillips Pope Poss

Roberts Rogers, Jimmie Rowland Shea Sinclair Smith, A. C., Jr. Spikes Stalnaker Story Tabb Tucker, Ray M. Underwood, J. C. Vaughn Warren Watts Wilkes Williams, W. M. Hudgins

Those voting in the negative were Messrs.:

Alien Barber Baughman Black Bowen, R. L. Bowen, R. W. Brackin Branch Causby Chandler Clarke, J. T. Coker, G., Dr. Davis Deen, H. D. Dennard DeVane Dorminy Echols Plynt

Harrington Henderson Hurst Keadle Keyton Knight, D. W. Knight, W. D. Lee, G. B. Leonard Lewis Logan Meeks, W. T. Milhollin Mixon Moate Murphy Newton, D. L. Pafford Paris

Partridge Perry Ponsell Poole Rhodes Russell Scarborough Shuman Smith, V. T. Snow Steis Todd Tucker, M. K. Walker White Williams, G. J. Wilson, Hoke Wilson, J. M.

WEDNESDAY, JUNE 17, 1964

933

Those not voting were Messrs.:

Acree Andrews Ballard Bedgood Bell Blalock, E. Bowen, R. P. Brantley Brooks, Geo. B. Brown Bynum Byrd Caldwell Carr Clarke, H. G. Conner Cullens Dean, N. Dicus Duncan, J. E. Fleming Flournoy Floyd Fowler, J. W. Fulford Funk Griffin Hall Herndon Hill Horton

House Houston Hull Johnson, B. Jones, C. M. Jones, D. C. Jones, F. C. Jones, M. Jordan, J. E. Jordan, W. H. Kelly Kirkland Laite Lane Lee, W. J. (Bill) Lokey Lowrey Mackay Matthews, C. Matthews, D. R. McDonald Melton Mitchell Moore Mullis Nessmith Newton, A. S. Odom Parker Payton Pickard

Rainey Raulerson Reaves Richardson Rodgers, H. B. Roper Rutland Sewell Simrnons Simpson Singer Smith, Chas. C. Smith, E. B., Jr. Smith, G. L. II Smith, R. R. Strickland Stuckey Teague Towson Tucker, J. B. Twitty Underwood, R. R. Ware Watson, C. P. Wells, D. W. Wells, H. H. Wiggins Woodward Smith, G. T.

On the adoption of the paragraph, the ayes were 58, nays 56.

The paragraph 24 was adopted.

Mr. Hill of Meriwether would like to be recorded as voting "Aye".

Paragraph 25 was read and adopted.

Paragraph 26 was read and adopted.

Paragraph 27 was read and adopted.

934

JOURNAL OF THE HOUSE,

Paragraph 28 was read and adopted.

Paragraph 29 was read.

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

Those voting in the affirmative were Messrs.

Abney Bagby Barber Beck Bell Blalock, D. B. Bolton
Bowen, R. W. Brooks, Wilson Busbee Chandler Coker, G., Dr. Conger Dixon Duncan, A. C. Fowler, A. A., Jr. Greene

Hale House Johnson, B. Jones, C. M. Killian Laite Lambert Leonard Lowrey Matthews, C. McClelland Morgan, H.
Overby Payton Peterson Phillips Pope

Roberts Rogers, Jimmie
Roper Shea Smith, A. C., Jr. Smith, V. T. Stalnaker Story Tabb Tucker, Ray M. Twitty Vaughn Wells, D. W. Wilkes Williams, W. M. Hudgins

Those voting in the negative were Messrs.:

Alien Anderson Arnsdorff Baughman Black Blair Bowen, A. Brackin Branch Causby Clark, J. T. Coker, R. Dorminy Echols Flynt Fowler, J. W. Fulford Funk Groover

Harrell Harris Henderson Hurst Johnson, A. S., Jr. Jordan, J. E. Keadle Keyton Kirkland Knight, D. W. Knight, W. D. Lee, G. B.
Lewis Lindsey Logan Lokey Mackay McCracken McKemie

Meeks Milford Milhollin Mixon Moate Morgan, J. H. Murphy Odom Pafford Paris Partridge Poole Poss Raulerson
Rhodes Rowland Russell Scarborough Sewell

Shuman Simp son Sinclair Singer Snow

WEDNESDAY, JUNE 17, 1964

935

Steis Teague Todd Underwood, R. R. Walker

Williams, G. J. Wilson, Hoke Wilson, J. M. Woodward

Those not voting were Messrs.:

Acree Andrews Ballard Bedgood Blalock, E. Bowen, R. L. Bowen, R. P. Brantley Brooks, Geo. B. Brown Bynum Byrd Caldwell Carr Clarke, H. G. Conner Cullens Davis Dean, N. Deen, H. D. Dennard DeVane Dicus Duncan, J. E. Etheridge Fleming Flournoy Floyd

Gibbons Griffin Hall Harrington Herndon Hill Horton Houston Hull Isenberg Jones, D. C. Jones, F. C. Jones, M. Jordan, W. H. Kelly Lane Lee, W. J. (Bill) Lee, Wm. S. Matthews, D. R. McDonald Melton Mitchell Moore Mullis Nessmith Newton, A. S. Newton, D. L. Parker

Perry Pickard Ponsell Rainey Reaves Richardson Rodgers, H. B. Rutland Simmons Smith, Chas. C. Smith, E. B., Jr. Smith, G. L. H Smith, R. R. Spikes Strickland Stuckey Towson Tucker, J. B. Tucker, M. K. Underwood, J. C. Ware Warren Watson Watts Wells, H. H. White Wiggins Smith, G. T.

On the adoption of the paragraph, the ayes were 50, nays 71. Paragraph 29 was disagreed to.

Hr. Hill of Meriwether stated that he would like to be recorded as voting r'Nay".

Paragraph 30 was read and adopted. Paragraph 31 was read and adopted.

936

JOURNAL OF THE HOUSE,

Paragraph 32 was read.

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

Those voting in the affirmative were Messrs.

Abney Arnsdorff Bagby Barber Beck Bell Blair Bolton Brackin Brooks, Wilson Brown Busbee Coker, G., Dr. Coker, R. Dixon Duncan, A. C. Gibbons

Greene Hale Harris House Isenberg Jones, M. Jordan, J. E. Killian Lambert Lowrey Mackay Matthews, C. Morgan, H. Nessmith Overby Partridge Payton

Peterson Phillips Pope Snow Stalnaker Steis Story Tabb Tucker, Ray M. Twitty Underwood, J. C. Walker Wiggins Williams, W. M. Hudgins

Those voting in the negative were Messrs.

Alien Anderson Baughman Black Bowen, A. Bowen, R. W. Branch Chandler Clark, J. T. Conger Deen, H. D. Dorminy Echols Fowler, J. W. Funk Groover Hall Harrington Henderson Horton Hurst Johnson, A. S., Dr. Keadle Keyton

Kirkland Knight, D. W. Knight, W. D. Laite Lee, G. B. Leonard Lewis Lindsey Logan McCracken McKemie Milford Milhollin Mitchell Mixon Morgan, J. H. Murphy Newton, D. L. Odom Pafford Paris Perry Ponsell Poole

Poss Raulerson Reaves Rhodes Richardson Rogers, Jimmie Rowland Scarborough Sewell Shea Shuman Simpson Sinclair Singer Strickland Todd Underwood, R. R. Wells, D. W. White Williams, G. J. Wilson, Hoke Wilson, J. M. Woodward

WEDNESDAY, JUNE 17, 1964

937

Those not voting were Messrs.:

Acree Andrews Ballard Bedgood Blalock, D. B. Blalock, E. Bowen, R. L. Bowen, R. P. Brantley Brooks, Geo. B. Bynurn Byrd Caldwell Carr Causby Clarke, H. G. Conner Cullens Davis Dean, N. Dennard DeVane Dicus Duncan, J. E. Etheridge Fleming Plournoy Floyd Flynt

Fowler, A. A., Jr. Fulford Griffin Harrell Herndon Hill Houston Hull Johnson, B. Jones, C. M. Jones, D. C. Jones, F. C. Jordan, W. H. Kelly Lane Lee, W. J. (Bill) Lee, Wm. S. Lokey Matthews, D. R. McClelland McDonald Meeks Melton Moate Moore Mullis Newton, A. S. Parker Pickard

Rainey Roberts Rodgers, H. B. Roper Russell Rutland Simmons Smith, A. C., Jr. Smith, Chas. C. Smith, E. B., Jr. Smith, G. L. II Smith, R. R. Smith, V. T. Spikes Stuckey Teague Towson Tucker, J. B. Tucker, M. K. Vaughn Ware Warren Watson Watts Wells, H. H. Wilkes Smith, G. T.

On the adoption of the paragraph, the ayes were 49, nays 71.

Paragraph 32 was disagreed to.

Mr. Hill of Meriwether stated that he would like to be recorded as voting "Nay".
Paragraph 33 was read.

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

Those voting in the affirmative were Messrs.:

Alien Anderson Arnsdorff Bagby

Barber Baughman Bell Black

Blair Blalock, D. B. Bolton Bowen, A.

938

JOURNAL OF THE HOUSE,

Bowen, R. W. Brackin Branch Brooks, Wilson Brown Carr Chandler Clark, J. T. Coker, G., Dr. Coker, R. Cullens Dean, N. Deen, H. D. Dixon Duncan, A. C. Echols Fowler, J. W. Funk Gibbons Greene Hale Hall Harrell Harrington Harris Henderson Horton Hurst Isenberg Johnson, A. S., Dr. Jones, M. Jordan, J. E. Jordan, W. H. Keadle

Keyton Killian Kirkland Laite Lambert Lee, G. B. Leonard Lewis Lindsey Logan Lokey Lowrey McCracken McKemie Mitchell Morgan, H. Morgan, J. H. Nessmith Newton, D. L. Pafford Paris Parker Partridge Payton Perry Peterson Phillips Ponsell Poole Pope Poss Raulerson Rhodes Richardson

Roberts Rogers, Jimmie Rowland Russell Scarborough Sewell Shea Simpson Sinclair Singer Smith, A. C., Jr. Smith, E. B., Jr. Snow Spikes Stalnaker Steis Story Strickland Tabb Todd Tucker, Ray M. Twitty Underwood, J. C. Underwood, R. R. Walker Wells, D. W. White Wiggins Williams, G. J. Williams, W. M. Wilson, Hoke Wilson, J. M. Woodward Hudgins

Those voting in the negative were Messrs.:

Abney Conger Dorminy Groover

Knight, D. W. Knight, W. D. Matthews, C. Milford

Milhollin Mixon Shuman

Those not voting were Messrs.:

Acree Andrews Ballard Beck Bedgood Blalock, E. Bowen, R. L. Bowen, R. P.

Brantley Brooks, Geo. B. Busbee Bynuni Byrd Caldwell Causby Clarke, H. G.

Conner Davis Dennard DeVane Dicus Duncan, J. E. Etheridge Fleming

WEDNESDAY, JUNE 17, 1964

939

Flournoy Ployd Flynt Fowler, A. A., Jr. Fulford Griffin Herndon Hill House Houston Hull Johnson, B. Jones, C. M. Jones, D. C. Jones, P. C. Kelly Lane Lee, W. J. (Bill) Lee, Wm. S.

Mackay Matthews, D. R. McClelland McDonald Meeks Melton Moate Moore Mullis Murphy Newton, A. S. Odom Overby Pickard Rainey Reaves Rodgers, H. B. Roper Rutland

Simmons Smith, Chas. C. Smith, G. L., II Smith, R. R. Smith, V. T. Stuckey Teague Towson Tucker, J. B. Tucker, M. K. Vaughn Ware Warren
Watson Watts Wells, H. H. Wilkes Smith, G. T.

On the adoption of the paragraph, the ayes were 114, nays 11.

Paragraph 33 was adopted.

Mr. Hill of Meriwether stated that he would like to be recorded as voting "Aye".
The Speaker announced the House recessed until 1:30 p.m. AFTERNOON SESSION
The Speaker called the House to order at 1:30 p.m.

Paragraph 34 was read and adopted.

Paragraph 35 was read and adopted. Paragraph 36 was read and adopted. Paragraph 37 was read and adopted. Paragraph 38 was read and adopted.

940

JOURNAL OF THE HOUSE,

Paragraph 39 was read and adopted.

Paragraph 40 was read.

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

Those voting in the affirmative were Messrs.:

Abney Arnsdorff Bagby Bell Blalock, D. B. Bowen, A. Braekin Brooks, Wilson Busbee Byrd Caldwell Clarke, H. G. Conger Davis Dean, N. Dixon Duncan, A. C. Echols

Etheridge Gibbons Greene Hale Hall Harris House Johnson, A. S., Dr. Jones, P. C. Jordan, J. E. Jordan, W. H. Lambert Lee, G. B. Lowrey Mackay Matthews, C. McClelland Morgan, H.

Pafford Paris Parker Peterson Phillips Ponsell Pope Reaves Rowland Scarborough Sinclair Smith, R. R. Stalnaker Steis Strickland Underwood, J. C. Watts

Those voting in the negative were Messrs.:

Acree Alien Anderson Barber Baughman Beck Black Blair Bowen, R. L. Bowen, R. W. Branch Brown Bynurn Causby Coker, R. Cullens Been, H. D. Dennard

Dorminy Plynt Fowler, J. W. Fulford Funk Harrington Horton Houston Hurst Isenberg Jones, M. Keadle Kelly Keyton Killian Kirkland Knight, W. D. Lane

Lee, Wm. S. Leonard Lewis Lindsey Logan Lokey McCracken Meeks Milford Milhollin Mixon Morgan, J. H. Murphy Nessmith Odom Partridge Perry Poole

Raulerson Rhodes Richardson Roberts Rogers, Jimmie Russell Sewell

WEDNESDAY, JUNE 17, 1964

941

Shea Shuman Simmons Singer Story Tabb Tucker, Ray M.

Warren Wells, D. W. Wiggins Williams, G. J. Wilson, J. M. Woodward Hudgins

Those not voting were Messrs.:

Andrews Ballard Bedgood Blalock, E.
Bolton Bowen, R. P. Brantley Brooks, Geo. B. Carr Chandler Clark, J. T. Coker, G., Dr. Conner DeVane Dicus Duncan, J. E. Fleming Flournoy Floyd Fowler, A. A., Jr. Griffin Groover Harrell Henderson Herndon Hill

Hull Johnson, B. Jones, C. M. Jones, D. C. Knight, D. W. Laite Lee, W. J. (Bill) Matthews, D. R. McDonald McKeniie Melton Mitchell Moate Moore Mullis Newton, A. S. Newton, D. L. Overby Payton Pickard Poss Rainey Rodgers, H. B. Roper Rutland Simpson

Smith, A. C., Jr. Smith, Chas. C. Smith, E. B., Jr. Smith, G. L., II Smith, V. T. Snow Spikes Stuckey Teague Todd Towson Tucker, J. B. Tucker, M. K. Twitty
Underwood, R. R. Vaughn Walker Ware Watson Wells, H. H. White Wilkes Williams, W. M. Wilson, Hoke
Smith, G. T.

On the adoption of the paragraph, the ayes were 53, nays 75.

Paragraph 40 was disagreed to.

Paragraph 41 was read and adopted.

Paragraph 42 was read and adopted.

Paragraph 43 was read.

942

JOURNAL OF THE HOUSE,

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

Those voting in the affirmative were Messrs.:

Hale Lambert

Lee, Wm. S. Wiggins

Williams, W. M.

Those voting in the negative were Messrs.:

Abney Acree Alien Anderson Arnsdorff Barber Baughman Beck Bell Black Blair Bowen, A. Bowen, R. L. Bowen, R. W. Brackin Branch Brooks, Wilson Bynum Clark, J. T. Clarke, H. G. Coker, R. Conger Dean, N. Deen, H. D. Dennard Dixon Dorminy Duncan, A. C. Duncan, J. E. Etheridge Flynt Fowler, J. W. Fulford Funk Harrell Harrington Harris Hill

Horton House Hurst Isenberg Johnson, A. S., Dr. Jones, M. Jordan, J. E. Kelly Keyton Killian Knight, W. D. Lane Lewis Logan Lokey Lowrey Mackay McClelland McCracken McKemie Meeks Milford Milhollin Mitchell Mixon Moore Morgan, H. Morgan, J. H. Murphy Nessmith Newton, A. S. Newton, D. L. Overby Paris Parker Partridge Payton Perry

Peterson Phillips Ponsell Poole Pope Poss Raulerson Reaves Rhodes Richardson Roberts Rogers, Jimmie Roper Rowland Russell Sewell Shea Shuman Simpson Sinclair Singer Snow Stalnaker Steis Story Strickland Tabb Towson Tucker, J. B. Warren Watson Watts Wells, D. W. White Williams, G. J. Woodward Hudgins

WEDNESDAY, JUNE 17,1964

Those not voting were Messrs.:

Andrews Bagby Ballard Bedgood Blalock, D. B. Blalock, E. Bolton Bowen, R. P. Brantley Brooks, Geo. B. Brown Busbee Byrd Caldwell Carr Causby Chandler Coker, G., Dr. Conner Cullens Davis DeVane Dicus Echols Fleming Flournoy Floyd Fowler, A. A., Jr. Gibbons

Greene Griffin Groover Hall Henderson Herndon Houston Hull Johnson, B. Jones, C. M. Jones, D. C. Jones, F. C. Jordan, W. H. Keadle Kirkland Knight, D. W. Laite Lee, G. B. Lee, W. J. (Bill) Leonard Lindsey Matthews, C. Matthews, D. R. McDonald Melton Moate Mullis Odom Pafford

943
Pickard Rainey Rodgers, H. B. Rutland Scarborough Simmons Smith, A. C., Jr. Smith, Chas. C. Smith, E. B., Jr. Smith, G. L., II Smith, R. R. Smith, V. T. Spikes Stuckey Teague Todd Tucker, M. K. Tucker, Ray M. Twitty Underwood, J. C. Underwood, R. R. Vaughn Walker Ware Wells, H. H. Wilkes Wilson, Hoke Wilson, J. M. Smith, G. T.

On the adoption of the paragraph, the ayes were 5, nays 113.

Paragraph 43, was disagreed to.

Mr. Odom of Dougherty would like to be recorded as voting "Nay".

Paragraph 45 was read and adopted.

Paragraph 46 was read and adopted.

Paragraph 47 was read and adopted.

Paragraph 48 was read and adopted.

944

JOURNAL OF THE HOUSE,

Paragraph 49 was read and adopted.

Paragraph 50 was read and adopted.

Paragraph 51 was read and adopted.

Paragraph 52 was read and adopted. Paragraph 53 was read and adopted.

Paragraph 54 was read and adopted. Paragraph 55 was read.

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

Those voting in the affirmative were Messrs.:

Barber Beck Bell Black Blair
Bolton Bowen, A. Busbee Chandler Clark, J. T. Coker, R. Conner Davis Dean, N. Deen, H. D. Dennard Etheridge Fleming Flournoy Fulford Gibbons Groover

Hale Hall Harrell Hill House
Hull Johnson, A. S., Dr. Jones, F. C. Jones, M. Jordan, W. H. Knight, D. W. Knight, W. D. Laite Lambert Lee, Wm. S. Lewis McCracken McKemie Moore Morgan, J. H. Odom Phillips

Ponsell Poole Rhodes Richardson Rogers, Jimmie
Sewell Shea Shuman Simmons Smith, G. L., II Snow Spikes Tucker, J. B. Tucker, Ray M. Twitty Underwood, J. C. Walker Warren Watts Hudgins

WEDNESDAY, JUNE 17, 1964

945

Those voting in the negative were Messrs.:

Abney Acree Alien Anderson Ballard Baughman Blalock, D. B. Bowen, R. W. Brackin Branch Brooks, Geo. B. Brooks, Wilson Brown Causby Clarke, H. G. Coker, G., Dr. Dorminy Duncan, A. C. Duncan, J. E. Echols Floyd Plynt Fowler, J. W. Greene Griffin Harris

Henderson Herndon Houston Hurst Johnson, B. Jordan, J. E. Keadle Killian Lane Leonard Lindsey Logan Lowrey Mackay Matthews, D. R. McClelland Meeks Milford Milhollin Mitchell Mixon Morgan, H. Murphy Nessmith Newton, A. S. Newton, D. L.

Overby Paris Parker Partridge Perry Peterson Pope Poss Roberts Simpson Smith, A. C., Jr. Smith, E. B., Jr. Smith, R. R. Stalnaker Story Strickland Stuckey Tabb Todd Underwood, R. R. Watson Wells, D. W. White Wiggins Williams, G. J. Wilson, Hoke

Those not voting were Messrs.:

Andrews Arnsdorff Bagby Bedgood Blalock, E. Bowen, R. L. Bowen, R. P. Brantley Bynum Byrd Caldwell Carr Conger Cullens DeVane Dicus Dixon Fowler, A. A., Jr. Funk Harrington Horton

Isenberg Jones, C. M. Jones, D. C. Kelly Keyton Kirkland Lee, G. B. Lee, W. J. (Bill) Lokey Matthews, C. McDonald Melton Moate Mullis Pafford Payton Pickard Rainey Raulerson Reaves Rodgers, H. B.

Roper Rowland Russell Rutland Scarborough Sinclair Singer Smith, Chas. C. Smith, V. T. Steis Teague Towson Tucker, M. K. Vaughn Ware Wells, H. H. Wilkes Williams, W. M. Wilson, J. M. Woodward Smith, G. T.

946

JOURNAL OF THE HOUSE,

On the adoption of the paragraph, the ayes were 64, nays 78.

Paragraph 55 was disagreed to.

Paragraph 56 was read and adopted.

Paragraph 57 was read.

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

Those voting in the affirmative were Messrs.:

Bagby Beck Bolton Bowen, R. L. Brackin Brown Busbee Byrd

Clarke, H. G. Been, H. D. Fowler, J. W. Hale Lee, W. J. (Bill) Lee, Wm. S. Logan Meeks

Odom Rogers, Jimmie Tucker, Ray M. Warren Wiggins

Those voting in the negative were Messrs.:

Abney Acree Alien Anderson Andrews Arnsdorff Barber Baughman Black Blair Bowen, R. W. Branch Caldwell Causby Chandler Clark, J. T. Conger Cullens Davis Dixon Dorminy Duncan, A. C.

Flynt Fulford Funk Gibbons Greene Groover Hall Harrington Harris Henderson Hill Horton House Hurst Johnson, A. S., Dr. Jones, M. Jordan, J. E. Keadle Kelly Keyton Killian Kirkland

Knight, W. D. Laite Lambert Lane Lee, G. B. Leonard Lewis Lindsey Lowrey Mackay McCracken McKemie Milford Milhollin Mitchell Mixon Moore Morgan, J. H. Murphy Nessmith Newton, A. S. Newton, D. L.

Paris Parker Partridge Payton Perry Peterson Phillips Ponsell Poole Poss Rhodes Richardson Roberts Roper

WEDNESDAY, JUNE 17, 1964

947

Rowland Russell Scarborough Sewell Shea Sinclair Singer Snow Spikes Stalnaker Steis Story Strickland Tabb

Todd Towson Tucker, J. B. Twitty Walker Watson Watts Wells, D. W. Wells, H. H. White Williams, G. J. Woodward Hudgins

Those not voting were Messrs.:

Ballard Bedgood Bell Blalock, D. B. Blalock, E. Bowen, A. Bowen, R. P. Brantley Brooks, Geo. B. Brooks, Wilson Bynum Carr Coker, G., Dr. Coker, R. Conner Dean, N. Dennard DeVane Dicus Duncan, J. E. Echols Etheridge Fleming Flournoy Floyd Fowler, A. A., Jr.

Griffin Harrell Herndon Houston Hull Isenberg Johnson, B. Jones, C. M. Jones, D. C. Jones, F. C. Jordan, W. H. Knight, D. W. Lokey Matthews, C. Matthews, D. R. McClelland McDonald Melton Moate Morgan, H. Mullis Overby Pafford Pickard Pope Rainey

Raulerson Reaves Rodgers, H. B. Rutland Shuman Simmons Simpson Smith, A. C., Jr. Smith, Chas. C. Smith, E. B., Jr. Smith, G. L., II Smith, R. R. Smith, V. T. Stuckey Teague Tucker, M. K. Underwood, J. C. Underwood, R. R. Vaughn Ware Wilkes Williams, W. M. Wilson, Hoke Wilson, J. M. Smith, G. T.

On the adoption of the paragraph, the ayes were 21, nays 107.

Paragraph 57 was disagreed to.

Paragraph 58 was read.

948

JOURNAL OF THE HOUSE,

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

Those voting in the affirmative were Messrs.:

Bagby Beck Bolton Bowen, R. L. Busbee Byrd Clarke, H. G. Fulford

Hale Harris Jones, C. M. Lee, W. J. (Bill) Lee, Wm. S. Lowrey Moore Odom

Rogers, Jimmie Smith, R. R. Spikes Steis Tucker, Ray M. Warren Wiggins Williams, W. M.

Those voting in the negative were Messrs.:

Abney Acree Alien Anderson Andrews Arnsdcrff Barber Baughman Black Blair Bowen, A. Bowen, R. W. Brackin Branch Causby Chandler Clark, J. T. Coker, G., Dr. Conger Deen, H. D. Dixon Dorminy Duncan, A. C. Flynt Fowler, J. W. Funk Gibbons Greene Groover Hall Harrington Henderson Hill Horton House

Hurst Johnson, A. S., Dr. Jones, M. Jordan, J. E. Keadle Kelly Keyton Killian Kirkland Knight, W. D. Laite Lambert Lane Lee, G. B. Leonard Lewis Lindsey Logan Mackay McClelland McCracken McKemie Meeks Milford Milhollin Mitchell Mixon Morgan, J. H. Murphy Nessmith Newton, A. S. Newton, D. L. Paris Parker Partridge

Payton Perry Peterson Phillips Ponsell Poole Poss Rhodes Richardson Roberts Rowland Russell Scarborough Sewell Shea Simmons Sinclair Singer Snow Stalnaker Story Strickland Tabb Todd Towson Tucker, J. B. Twitty Walker Watson Watts Wells, H. H. White Williams, G. J. Woodward Hudgins

WEDNESDAY, JUNE 17, 1964

949

Those not voting were Messrs.:

Ballard Bedgood Bell Blalock, D. B. Blalock, E. Bowen, R. P. Brantley Brooks, Geo. B. Brooks, Wilson Brown Bynum Caldwell Carr Coker, R. Conner Cullens Davis Dean, N. Dennard DeVane Dicus Duncan, J. E. Echols Etheridge Fleming Flournoy

Floyd Fowler, A. A., Jr. Griffin Harrell Herndon Houston Hull Isenberg Johnson, B. Jones, D. C. Jones, F. C. Jordan, W. H. Knight, D. W. Lokey Matthews, C. Matthews, D. R. McDonald Melton Moate Morgan, H. Mullis Overby Pafford Pickard Pope Rainey

Raulerson Reaves Rodgers, H. B. Roper Rutland Shuman Simpson Smith, A. C., Jr. Smith, Chas. C. Smith, E. B., Jr. Smith, G. L., II Smith, V. T. Stuckey Teague Tucker, M. K. Underwood, J. C. Underwood, R. R. Vaughn Ware Wells, D. W. Wilkes Wilson, Hoke Wilson, J. M. Smith, G. T.

On the adoption of the paragraph, the ayes were 24, nays 105.

Paragraph 58 was disagreed to.

Paragraph 59 was read and adopted. Paragraph 60 was read and adopted. Paragraph 61 was read and by unanimous consent disagreed to. Paragraph 62 was read and adopted. Paragraph 63 was read and adopted. Paragraph 64 was read and adopted.

950

JOURNAL OF THE HOUSE,

Paragraph 2 was again taken up and by unanimous consent disagreed to.

Paragraph 12 was again taken up and by unanimous consent disagreed to.

Paragraph 13 was again taken up and adopted.

Mr. Busbee of Dougherty moved that the House disagree to the report of the Conference Committee on SB 1 and the motion prevailed.

The House has disagreed to the report of the Conference Committee on SB 1.

Mr. Brooks of Oglethorpe arose on a point of personal privilege and addressed the House.

His Excellency, Governor Carl E. Sanders, appeared upon the floor of the House and briefly addressed the House members.

Mr. Bolton of Spalding moved that this House do now adjourn until 9:30 o'clock a.m. tomorrow morning and the motion prevailed.

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

THURSDAY, JUNE 18, 1964

951

Representative Hall, Atlanta, Georgia Thursday, June 18, 1964

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

Prayer was offered by Rev. Weyman Cleveland, Pastor, St. Luke Methodist Church, Columbus, Ga.

By unanimous consent the call of the roll was dispensed with.

Mr. Clarke of Monroe, Chairman of the Committee on Auditing, Enrolling, Engrossing and Journals reported that the Journal of the previous legislative day had been read and found to be correct.

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

The Journal was confirmed.

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. 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 read the first time and referred to the Committee:

HR 120-80. By Messrs. Richardson of Chatham, Mackay of DeKalb, Jones of Muscogee, McClelland, Brooks and Etheridge of Fulton, Flournoy of Cobb, House of Bibb, Lee of Dougherty and Pope of Cherokee:

952

JOURNAL OF THE HOUSE,

A Resolution proposing an amendment to the Constitution so as to pro vide for the manner of electing the members of the House of Repre sentatives; to provide for the submission of this amendment for ratifi cation or rejection; and for other purposes.
Referred to the Committee on Rules.

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 69. By Messrs. Smith of Grady, Bolton of Spalding and others:
A Bill to amend an Act providing supplementary appropriations for the fiscal year ending June 30, 1964, which was signed by the Gover nor on May 12, 1964, and which is Act No. 1 of the extraordinary ses sion which convened on May 4, 1964, so as to provide additional appro priations for the Legislative Branch of the Government; and for other purposes.

Mr. Brooks of Fulton asked unanimous consent that the House reconsider its action in passing the following Bill of the Senate:

SB 17. By Senators Brown of the 34th, Coggin of the 35th, Salome of the 36th and others:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Atlanta, so as to provide that the Mayor and Board of Aldermen shall have full and complete power and authority to require every person, firm or corporation engaged in the business of selling spirituous, vinous or malt liquors at wholesale, to pay excise taxes based on the quantity or value of the commodity sold; and for other purposes.

The consent was granted and the House has reconsidered.

By unanimous consent, the following Bill of the Senate was again taken up:

SB 17. By Senators Brown of the 34th, Coggin of the 35th, Salome of the 36th and others:
A Bill to be entitled an Act to amend an Act establishing a new charter

THURSDAY, JUNE 18, 1964

953

for the City of Atlanta, so as to provide that the Mayor and Board of Aldermen shall have full and complete power and authority to require every person, firm or corporation engaged in the business of selling spirituous, vinous or malt liquors at wholesale, to pay excise taxes based on the quantity or value of the commodity sold; and for other purposes.

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

On the passage of the Bill, the ayes were 120, nays 0.

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

By unanimous consent, the Conference Committee on the following Bill of the Senate was discharged and a 2nd Conference Committee appointed:

SB 1. By Senators Carlton of the 21st, Webb of the llth, Jackson of the 16th, Gillis of the 20th and Zorn of the 6th:
A Bill to be entitled an Act to provide a comprehensive revision of the election and primary laws and all related laws of this State; and for other purposes.

The Speaker has appointed as a 2nd Committee of Conference the following members:
Messrs. Hale of Dade, Bagby of Paulding and Busbee of Dougherty.

Mr. Punk of Chatham arose on a point of personal privilege and addressed the House.
The following Resolutions of the House were read and adopted:

HR 121. By Messrs. Conger of Decatur, Milford of Franklin, and many others:
A RESOLUTION
Commending Honorable Robert Alwyn "Cheney" Griffin, Repre sentative from Decatur County; and for other purposes.
WHEREAS, Honorable Robert Alwyn "Cheney" Griffin, the dis-

954

JOURNAL OF THE HOUSE,

tinguished Representative from Decatur County, has announced that he will not seek reelection to the House of Representatives of Georgia; and

WHEREAS, Mr. Griffin has served as a member of the House of Representatives of Georgia during the years 1959, 1960, 1963 and 1964; and

WHEREAS, he served as a member of the City Council of the City of Bainbridge, Georgia from 1940 through 1944; and

WHEREAS, he served as the Mayor of the City of Bainbridge, Georgia from 1947 to April, 1964; and

WHEREAS, he served as Administrative Aide to Honorable S. Marvin Griffin during his tenure as Governor and he became renown as the "man behind the green door"; and

WHEREAS, during his tenure as a member of the General Assem bly of Georgia, he has served with distinction and honor and has repre sented his constituents and the State of Georgia in an outstanding man ner and has assisted in the passage of administration measures advo cated by His Excellency, Carl E. Sanders, present Governor of the State of Georgia; and

WHEREAS, his political influence and ability is respected by the members of this body; and

WHEREAS, his dynamic personality has endeared him to his col leagues notwithstanding their positions on political matters; and

WHEREAS, like many of his ancestors, "Cheney" Griffin has de voted many years of his life to public service and his presence in the Hall of the House of Representatives will be sorely missed.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend Honorable Robert Alwyn "Cheney" Griffin, the distinguished Representative from Decatur County, for his many outstanding contributions to this body, his community, his county and the State of Georgia.
BE IT FURTHER RESOLVED that this body does hereby wish to him every success and prosperity in all his future endeavors.
BE IT FURTHER RESOLVED that as a token of our esteem and appreciation, the Clerk of the House of Representatives is hereby au thorized and directed to present an appropriate copy of this Resolution with the seal of the House affixed thereto to Honorable Robert Alwyn "Cheney" Griffin, the distinguished Representative from Decatur County.

THURSDAY, JUNE 18, 1964

955

HR 122. By Messrs. Houston of Pierce, Ballard of Newton, and many, many others:

A RESOLUTION

Commending Honorable Jack H. Morgan; and for other purposes.

WHEREAS, Honorable Jack H. Morgan, Representative from New ton County, is a native Georgian being born in Newton County on May 2, 1919; and

WHEREAS, he has served the people of Newton County during the 1963-1964 term with honor and distinction; and

WHEREAS, during his term in the House of Representatives, he has made many friends and is one of the best liked and most popular members of this Body.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body does hereby commend Honorable Jack H. Morgan for his able representation of the people of Newton County and expresses its sincere hope that he will have continued success in all his endeavors.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit an appro priate copy of this Resolution to Honorable Jack H. Morgan.

HR 123. By Messrs. Abney and Snow of Walker, and Paris of Borrow:
A RESOLUTION
Expressing regrets at the passing of Reverend Charles J. Harris; and for other purposes.
WHEREAS, Reverend Charles J. Harris of LaFayette, Walker County, Georgia, departed this life on the 14th day of June, 1954; and
WHEREAS, Reverend Harris had served as Pastor of the Presby terian Church of LaFayette since November 1, 1948; and
WHEREAS, the death of this great person cast a pall of sadness over the entire City of LaFayette; and
WHEREAS, the Reverend Harris was a person who lived well, laughed often, and loved much; and
WHEREAS, Reverend Harris left this world much better than he found it, and his entire life was an inspiration, and his memory a benediction; and

956

JOURNAL OP THE HOUSE,

WHEREAS, like the chambered nautilus in the poem he so often quoted, he built more stately mansions for his soul from year to year, and now he is free "leaving his outgrown shell by life's unresting sea"; and

WHEREAS, this man, in the words of another of his favorite poems, has joined "that innumerable caravan which moves to that mysterious realm where each shall take his chamber in the silent halls of death, not like a quarry slave at night, scourged to his dungeon but sustained and soothed by an unfaltering trust, approach his grave as one who wraps the draperies of his couch about him and lies down to pleasant dreams"; and

WHEREAS, the Reverend Harris will be sorely missed by all those persons who have had the great honor of knowing him and of serving with him through the years; and

WHEREAS, this body deems it to be proper to express regrets to the family of such a great man and great religious leader of this State.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby express its deepest regrets at the passing of the Reverend Charles J. Harris of LaFayette, Georgia, to his wife, Mrs. Hallie Hayne Harris, to his mother, Mrs. Byrd Harris, and to the Presbyterian Church of LaFayette, Georgia, which he so faithfully served for so many years.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to forward an appro priate copy of this Resolution to Mrs. Hallie Haynes Harris, Mrs. Byrd Harris, and the Presbyterian Church of LaFayette, Georgia.

HR 124. By Messrs. Flournoy of Cobb, Harrington of Baldwin, and many others:
A RESOLUTION
Commending Honorable Joe Mack Wilson, Representative from Cobb County; and for other purposes.
WHEREAS, Honorable Joe Mack Wilson, the distinguished and able Representative from Cobb County, has declined to seek reelection to the House of Representatives of Georgia; and
WHEREAS, during his tenure as a member of the General Assem bly, major legislation has been introduced and enacted including the largest biennial Appropriations Bill in the history of the State, Reapportionment of the Georgia Senatorial Districts, Reapportionment of the Congressional Districts and a new Health Code; and
WHEREAS, he has ably represented his County and the State of Georgia; and

THURSDAY, JUNE 18, 1964

957

WHEREAS, his active participation as a member of the General Assembly of Georgia and his support of progressive legislation has proved Mr. Wilson to be an able and dependable legislator; and

WHEREAS, Mr. Wilson is presently seeking the nomination of the Democratic Party of Cobb County as the candidate for Commissioner of Roads and Revenues of Cobb County; and

WHEREAS, the presence of Mr. Wilson in the Hall of the House of Representatives will be sorely missed.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that Honorable Joe Mack Wilson, the distin guished member of the House of Representatives from Cobb County, is hereby commended for his excellent and devoted service to the House of Representatives, Cobb County and the State of Georgia.

BE IT FURTHER RESOLVED that this body wishes for him every success and prosperity in all his future endeavors.

BE IT FURTHER RESOLVED that as a token of our esteem and appreciation, the Clerk of the House of Representatives is hereby authorized and directed to present an appropriate copy of this Resolu tion with the seal of the House of Representatives affixed thereto to Honorable Joe Mack Wilson.

HR 125. By Messrs. Groover of Bibb, Roberts of Jones, and many, many others:
A Resolution requesting the two United States Senators from Georgia to introduce legislation to limit the jurisdiction of the Federal Courts in certain cases, and for other purposes.

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 Acree Alien Andrews Arnsdorff Ballard Barber Baughman Black Blair Blalock, D. B. Bolton

Bowen, A. Bowen, R. L. Bowen, R. W. Brackin Brantley Brooks, Geo. B. Brown Busbee Bynum Byrd Caldwell Carr

Causby Chandler Clark, J. T. Clarke, H. G. Coker, G., Dr. Coker, R. Conger Conner Davis Dean, N. Deen, H. D. Dennard

958

JOURNAL OF THE HOUSE,

DeVane Dixon Duncan, A. C. Duncan, J. E. Echols Flynt Fowler, A. A., Jr. Fowler, J. W. Fulford Funk Gibbons Greene Groover Hale Harrell Harrington Henderson Hill Horton Houston Johnson, A. S., Dr. Johnson, B. Jones, C. M. Jordan, J. E. Jordan, W. H. Keadle Kelly Keyton Killian Knight, D. W. Knight, W. D. Laite Lane Lee, G. B. Lee, W. J. (Bill) Lee, Wm. S. Leonard

Lewis Logan Lokey Lowrey Matthews, D. R.
McCracken McKemie Meeks Milford Milhollin Mixon Moore Morgan, J. H. Murphy Nessmith Newton, A. S. Newton, D. L. Overby Pafford Paris Partridge Perry Peterson Phillips Ponsell Poole Pope Poss Raulerson Rhodes Roberts Rodgers, Jimmie Roper Rowland Russell Scarborough Sewell

Shuman Simpson Sinclair Singer Smith, A. C., Jr. Smith, Chas. C. Smith, E. B., Jr. Smith, G. L. II Smith, R. R. Smith, V. T. Spikes Stalnaker Steis Story Strickland Tabb Todd Towson Tucker, J. B. Tucker, M. K. Tucker, Ray M. Twitty Walker Ware Warren Watts Wells, D. W. Wells, H. H. White Wiggins Wilkes Williams, G. J. Wilson, J. M. Woodward Hudgins

Those voting in the negative were Messrs.:

Harris House

Mackay McClelland

Odom Richardson

Those not voting were Messrs.:

Anderson Bagby Beck Bedgood Bell Blalock, E. Bowen, R. P. Branch

Brooks, Wilson Cullens Dicus Dorminy Etheridge Fleming Flournoy Floyd

Griffin Hall Herndon Hull Hurst Isenberg Jones, D. C. Jones, F. C.

Jones, M. Kirkland Lambert Lindsey Matthews, C. McDonald Melton Mitchell Moate Morgan, H.

THURSDAY, JUNE 18, 1964
Mullis Parker Payton Pickard Rainey Reaves Rodgers, H. B. Rutland Shea Simmons

959
Snow Stuckey Teague Underwood, J. C. Underwood, R. R. Vaughn Watson Williams, W. M. Wilson, Hoke Smith, G. T.

On the adoption of the Resolution, the ayes were 145, nays 6.

The Resolution was adopted.
The following Bill of the House was taken up for the purpose of considering the Senate amendments thereto:
HR 6-1. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty and Andrews of Stephens: A Resolution proposing a revised Constitution of Georgia, and for other purposes.
The following Senate amendments were read: SENATE AMENDMENTS ADOPTED TO HR No. 6-1.
Senator Smalley of the 28th moves to amend HR 6-1 as follows:
By striking from Article 1, Section 1, Paragraph 1 the word and figure "Paragraph 1" and inserting in lieu thereof the figure "1-101".
Senator Phillips of the 27th moves to amend HR 6-1 as follows: By striking from Article 1, Section 1, Paragraph 2 the title
and inserting in lieu thereof the following: "Equal Protection of the Laws".
Senator Phillips of the 27th moves to amend HR 6-1 as follows:
By striking from Article 1, Section 1, Paragraph 3 the title and inserting in lieu thereof the following: "Due Process of Law".
Senator Carter of the 14th moves to amend HR 6-1 as follows:

960

JOURNAL OF THE HOUSE,

By striking Article 1, Section 1, Paragraph 12 in its entirety and inserting in lieu thereof a new Paragraph 12 to read as follows:

"Paragraph 12. Freedom of Conscience. No law shall be passed respecting an establishment of religion or prohibiting the free exercise thereof. No one shall be molested in person or
property or prohibited from holding any public office or trust on account of his religious opinions. However, this shall not ex cuse acts of licentiousness nor justify practice inconsistent with peace and safety."

Senators Hunt of the 26th and Young of the 13th move to amend Committee amendment to HR 6-1 as follows:

By striking the Committee amendment to Article 1, Section 1, Paragraph 12 in its entirety and inserting in lieu thereof a new Paragraph 12 to read as follows:

"Paragraph 12. Freedom of Conscience. Every man has the natural and inalienable right to worship God according to the doctrines of his own conscience. No person or authority shall in any way control or interfere with such right, and no one shall be molested in person or property, or prohibited from holding any public office or trust on account of his religious opinions. However, this right shall not be construed to excuse acts of licentiousness or justify practices inconsistent with pub lic peace and safety."

Senators Conway of the 41st, Phillips of the 27th, Gayner of the Bth, Plunkett of the 30th, and others move to amend HR 6-1 as follows:

By striking Paragraph 13 of Section 1 and substituting there for:
"Paragraph 13. Guarantee of Freedom of Speech and the Public's Right to Know. No law shall ever be passed to curtail or restrain the liberty of speech or of the press; any person may speak, write and publish his sentiments on all subjects, being responsible for the abuse of that liberty; and the public shall always have the right to be informed of the actions of all government agencies and tax-supported bodies."

Senator Gayner of the Bth moves to amend HR 6-1 as follows:

By striking Article 1, Section 1, Paragraph 14 in its entirety and inserting in lieu thereof a new Paragraph 14 to read as follows:

"Paragraph 14. Searches and Seizures. The right of the people to be secure in their persons, houses, places of business, papers and effects against unreasonable searches and seizures, shall not be violated. No warrant for search or seizure shall issue except upon probable cause, supported by oath or affirma-

THURSDAY, JUNE 18, 1964

961

tion, that the evidence of crime may be thus obtained, and particularly describing the place to be searched and the persons or things to be seized. The right of the people to be secure in their privacy is embraced within the absolute rights of personal security and personal liberty and includes but is not limited to voluntary conversations. The right of privacy shall not be violated. Evidence obtained in violation of this Paragraph shall not be admissable in any court against any person."

Senator Phillips of the 27th moves to amend HE 6-1 as follows:
By striking Article 1, Section 1, Paragraph 15 in its entirety and inserting in lieu thereof a new Paragraph 15 to read as follows:
'Paragraph 15. Slavery and Involuntary Servitude. There shall be no slavery within the State of Georgia; nor involuntary servitude except as a punishment for crime after legal convic tion thereof."

Senator Phillips of the 27th moves to amend HR 6-1 as follows:
By striking Article 1, Section 1, Paragraph 20 in its entirety and inserting in lieu thereof a new Paragraph 20 to read as follows:
"Paragraph 20. Right to Keep and Bear Arms. The right of the people to keep and bear arms shall not be infringed, but the General Assembly shall have power to prescribe the manner in which arms may be borne."

Senator Phillips of the 27th moves to amend HR 6-1 as follows:
By striking from Article 1, Section 1, Paragraph 21 the title and inserting in lieu thereof the following: "Separation of Legisla tive, Judicial, and Executive Powers".

Senator Phillips of the 27th moves to amend HR 6-1 as follows:
By striking from Article 1, Section 1, Paragraph 23 the title and inserting in lieu thereof the following: "Protection of Citizens".

Senator Smith of the 18th moves to amend HR 6-1 as follows:
By adding to Article 1, Section 1 a new paragraph to be known as Paragraph 24 to read as follows:
"Paragraph 24. Public Meetings. All official actions of the governing authority of any county, municipality or public school system and all boards, bureaus, commissions and agencies of the State government supported wholly or in part by public funds or which expend public funds shall be taken in meetings open and accessible to the people."

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JOURNAL OP THE HOUSE,

Senators Conway of the 41st and Holloway of the 12th move to amend HR 6-1 as follows:

By adding at the end of Section 1 a new Paragraph to be num ber Paragraph 25 and to read as follows:

"Paragraph 25. Encouragement of Private Enterprises Sys tem. It shall be the policy of the State of Georgia to encourage private enterprise and reputable business firms to operate free ly and profitably in the State. The General Assembly shall consider legislation in this field from the viewpoint of its posi tive effect on sound economic development."

Senator Smalley of the 28th moves to amend HR 6-1 as follows:
By striking Article 1, Section 2, Paragraph 5, which reads as follows:
"Paragraph 5. Fraud; Concealment of Property. The Gener al Assembly shall have the power to provide for the punishment of fraud; and, shall provide by law, for reaching property of the debtor concealed from the creditor.", in its entirety.

Senator Johnson of the 42nd moves to amend HR 6-1 as follows:
By striking Article 1, Section 3, Paragraph 1 in its entirety and inserting in lieu thereof a new Paragraph 1 to read as follows:
"Paragraph 1. Private Ways Over Property of Another; Taking Private Property for Public Use.
"(a) The General Assembly may by law provide for ob taining, in cases of necessity, the grant of a private way over the property of another upon just compensation first being paid therefor.
"(b) Private property shall not be taken, or damaged, for public purposes without just and adequate compensation being paid therefor as provided by law."
Senator Johnson of the 42nd moves to amend HR 6-1 as follows:
By striking Article 1, Section 3, Paragraph 2 in its entirety and inserting in lieu thereof a new Paragraph 2 to read as follows:
"Paragraph 2. Bills of Attainder; Ex Post Facto and Re troactive Laws; Laws Impairing Obligation of Contracts. No bill of attainder, ex post facto law, retroactive law injuriously affecting vested private rights, or law impairing the obligation of contracts, or making any irrevocable grant of special privi leges or immunities shall be passed."

THURSDAY, JUNE 18, 1964

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Senator Plunkett of the 30th moves to amend HR 6-1 as follows:

By striking Article 2, Section 2, Paragraph 1 in its entirety and inserting in lieu thereof a new Paragraph 1 to read as follows:

"Paragraph 1. Number and Apportionment of Senators. There shall be fifty-four senatorial districts, and one Senator shall be elected from each district by the electors thereof. The General Assembly shall have authority to rearrange and change senatorial districts. The apportionment of the Senate shall be reasonably based on population and shall be changed by the General Assembly, if necessary, at its first session after each United States decennial census becomes official."

Senator Johnson of the 42nd moves to amend HR 6-1 as follows:

By striking Article 2, Section 2, Paragraph 2 in its entirety and inserting in lieu thereof a new Paragraph 2 to read as follows:

"Paragraph 2. Qualifications of Senators; Term. At the time of taking office a Senator must be a citizen of the United States at least twenty-five years of age and must have been a citizen of this State for at least four years and a resident of the territory within the district from which elected for at least one year. Members of the Senate shall be elected for a term of four years and serve until the convocation of the General As sembly in the year following the fourth year of such term. The first regular election for members of the Senate under this Constitution shall be the general election of 1966."

Senators Carlton of the 21st and Webb of the llth move to amend HR 6-1 as follows:
By striking Article 2, Section 3, Paragraph 1 in its entirety and inserting in lieu thereof a new Paragraph 1 to read as follows:

"Paragraph 1. Apportionment of House of Representatives. The apportionment of the membership of the House of Represen tatives shall be substantially based on population as the General Assembly shall provide. The General Assembly is hereby au thorized to provide for districts as nearly of equal population as is practicable, and the member or members from each district shall be elected by the electors of such district. After the first act of the General Assembly meeting the requirements of this Paragraph becomes law, such apportionment shall be changed by the General Assembly, if necessary, at its first session after each United States Decennial Census becomes official."

Senator Johnson of the 42nd moves to amend HR 6-1 as follows:

By striking Article 2, Section 3, Paragraph 2 in its entirety and inserting in lieu thereof a new Paragraph to read as follows:

964

JOURNAL OF THE HOUSE,

"Paragraph 2. Qualifications of Representatives; Term. At the time of taking office a Representative must be a citizen of the United States at least twenty-one years of age, and must have heen a citizen of this State for at least two years and a resident of the county from which elected for at least one year. Members of the House shall be elected for a term of two years and serve until the convocation of the General Assembly in the year following the second year of such term. The first regu lar election for members of the House under this Constitution shall be the general election of 1966."

Senator Jackson of the 16th moves to amend HR 6-1 as follows:

By striking the next to the last sentence of Article 2, Section 4, Paragraph 3 which reads as follows:

"Each house is hereby authorized to provide for its own assistants and employees and fix the compensation therefor.",
in its entirety, and inserting in lieu thereof a new sentence to read as follows:
"Except as otherwise provided in this Constitution, each house is hereby authorized to provide for its own officers, assist ants and employees and fix the compensation therefor."
Senator Johnson of the 42nd moves to amend HR 6-1 as follows:
By striking Article 2, Section 5, Paragraphs 1, 2 and 3 in their entirety and inserting in lieu thereof a new Paragraph 1 to read as follows:
"Paragraph 1. Seating and Oath of Members. Each house shall be the sole judge of the election, returns and qualifications of its members. Each member of the General Assembly before taking his seat shall take such oath or affirmation as shall be prescribed by law."
Senator Phillips of the 27th moves to amend HR 6-1 as follows:
By striking Article 2, Section 5, Paragraph 4 in its entirety and inserting in lieu thereof a new Paragraph 4 to read as follows:
"Paragraph 4. Meeting, Time Limit, and Adjournment. The General Assembly shall meet in regular annual session on the second Monday in January in each year. By concurrent resolution adopted by a majority of the membership of each house the General Assembly may adjourn any regular session to a later day certain in the same calendar year but shall not re main in regular session for longer than fifty days in the ag gregate in odd-numbered years or for longer than forty days in the aggregate in even-numbered years. If an impeachment trial is pending at the end of any regular session, the Senate may remain in session until such trial is completed."

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Senator Kidd of the 25th moves to amend HE 6-1 as follows:

By renumbering Paragraphs 5, 6, 7, 8, 9, 10, 11, 12, 13, and 14 of Article 2, Section 5 as Paragraphs 6, 7, 8, 9, 10, 11, 12, 13, 14 and 15, respectively.

By inserting between Paragraph 4 and Paragraph 6 of Article 2, Section 5 a new Paragraph 5 to read as follows:
"Paragraph 5. Pending Business Continued; When. All business pending in the Senate or House at the adjournment of any regular session may be considered at any regular session of the same General Assembly, as if there had been no ad journment. The Senate and the House of Representatives shall organize each two years in the odd-numbered years and shall be deemed to be a different General Assembly for each such two year period."

Senator Smalley of the 28th moves to amend HR 6-1 as follows :

By striking Article 2, Section 5, Paragraph 7 in its entirety and inserting in lieu thereof a new Paragraph 7 to read as follows:

"Paragraph 7. Eligibility; Appointments Forbidden. No person on extended active duty with any branch of the armed forces of the United States, and no person holding any civil appointment or office having any emolument or compensation annexed thereto under the United States, this State or any other state, and no person who is a defaulter for public money or for any legal taxes required of him, shall have a seat in either house of the General Assembly. No Senator or Repre sentative shall be elected by the General Assembly or appoint ed by the Governor to any office of appointment having any emolument annexed thereto during the time for which he shall have been elected unless he shall first resign his seat. During the term for which he is elected, no Senator or Representative shall be appointed to any civil office which is created during such term."

Senator Smith of the 18th moves to amend HR 6-1 as follows:
By striking Article 2, Section 5, Paragraphs 8 and 9 in their entirety and inserting in lieu thereof a new Paragraph 8 to read as follows:
"Paragraph 8. Removal from District or County. The seat of a member of the General Assembly shall be vacant upon his changing his legal residence from the district, in the case of a Senator, or county, in the case of a Representative, from which he was elected. However, no reapportionment of the Senate or the House shall affect the seat of any incumbent during the term for which he has been elected."

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JOURNAL OF THE HOUSE,

Senator Smalley of the 28th moves to amend HR 6-1 as follows:
By striking Article 2, Section 5, Paragraph 10 in its entirety and inserting in lieu thereof a new Paragraph 10 to read as follows:

"Paragraph 10. Compensation. Members of the General As sembly shall receive such compensation and allowances as may be prescribed by law."

Senator Gayner of the Bth moves to amend HR 6-1 as follows:

By striking Article 2, Section 5, Paragraph 12 in its entirety and inserting in lieu thereof a new Paragraph 12 to read as follows:

"Paragraph 12. Disorderly Behavior or Conduct; Punish ment. Each house shall have power, upon the affirmative vote of two-thirds of its members, to punish a member for disorderly behavior or misconduct by censure, fine, imprisonment, or ex pulsion."

Senator Phillips of the 27th moves to amend HR 6-1 as follows:

By striking Article 2, Section 5, Paragraph 13 in its entirety and substituting a new paragraph to read as follows:

"Paragraph 13. Contempt. Each house may provide by its rules for the punishment of persons guilty of contempt there of."

Senator Johnson of the 42nd moves to amend HR 6-1 as follows:

By striking Article 2, Section 6, Paragraph 1 in its entirety

and inserting in lieu thereof a new Paragraph 1 to read as

;

follows:

"Paragraph 1. Impeachment Charges. The House of Repre sentatives shall have the sole power to vote impeachment charges against any person who shall be in office.

Senator Ellis of the 44th moves to amend HR 6-1 as follows:

By striking the title of Article 2, Section 6, Paragraph 2 and inserting in lieu thereof a new title, "Trial of Impeachments."

Senator Johnson of the 42nd moves to amend HR 6-1 as follows:

By striking Article 2, Section 7, Paragraph 1 in its entirety and inserting in lieu thereof a new Paragraph 1 to read as follows:

"Paragraph 1. Powers of the General Assembly; Rules of Each House. The General Assembly shall have the power to make all laws not inconsistent with this Constitution and not

THURSDAY, JUNE 18, 1964

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repugnant to the Constitution of the United States. Where this Constitution merely affirms the power of the General Assembly, further provisions as to the exercise of such power, unless the contrary plainly appears, shall be construed as discretionary and not mandatory or restrictive. Each house may determine and adopt rules governing its organization and proceedings." Senator Phillips of the 27th moves to amend HR 6-1 as follows:

By striking Article 2, Section 7, Paragraph 2 in its entirety and inserting in lieu thereof a new Paragraph 2 to read as follows:

"Paragraph 2. Bills to be Read. Every Bill and every Reso lution intended to have the effect of law shall be read three times and on three separate days in each house before it shall pass, unless in case of invasion or insurrection; but the first and second readings may consist of the reading of the title only."

Senator Gayner of the 5th moves to amend HR 6-1 as follows:

By striking Article 2, Section 7, Paragraph 3 in its entirety and inserting in lieu thereof a new Paragraph 3 to read as follows:

"Paragraph 3. Roll Call Votes. Whenever this Constitution requires a vote of two-thirds of either or both houses for the passage of a bill or resolution, a roll call vote shall be taken. At the desire of one-fifth of the members present roll call votes on any question shall be taken. Every roll call vote taken shall be entered on the journal of the respective house."

Senator Ellis of the 44th moves to amend HR 6-1 as follows:
By striking Article 2, Section 7, Paragraph 4 in its entirety and inserting in lieu thereof a new Paragraph 4 to read as follows:
"Paragraph 4. Journals and Acts. Each house shall keep a journal of its proceedings and publish it immediately after its adjournment. The General Assembly shall provide for the publication of the laws passed at each session. After publication, the original journals shall be preserved in the office of the Secretary of State, and such journals shall be the official re cords of the proceedings of each house."
Senator Gayner of the 5th moves to amend HR 6-1 as follows:
By striking Article 2, Section 7, Paragraph 5 in its entirety.
Senator Gayner of the 5th moves to amend HR 6-1 as follows:
By striking the title of Article 2, Section 7, Paragraph 6 and inserting in lieu thereof a new title, "Majority Required to Pass Bills."

968

JOURNAL OF THE HOUSE,

Senator Smalley of the 28th moves to amend HR 6-1 as follows:

By striking Article 2, Section 7, Paragraph 7 in its entirety and inserting in lieu thereof a new Paragraph 7 to read as follows:

"Paragraph 7. Acts Signed. All acts shall be signed by the President of the Senate and the Speaker of the House of Repre sentatives or the persons authorized to act during their absence or disability by the rules of their respective house."

Senator Ellis of the 44th moves to amend HR 6-1 as follows:

By striking Article 2, Section 7, Paragraph 8 in its entirety and inserting in lieu thereof a new Paragraph 8 to read as follows:

"Paragraph 8. Rejected Bills. Any bill, or any resolution intended to have the effect of law, which shall have been re jected by either house, shall not be again proposed in the same or similar form during the same session at which it was re jected without the concurrence of two-thirds of the member ship of the house by which the same was rejected."

Senator Gayner of the 5th moves to amend HR 6-1 as follows:

By adding a new Paragraph to Article 2, Section 8, to be known as Paragraph 1 to read as follows:

"Paragraph 1. Acts Void. Legislative acts in violation of this Constitution of the United States are void, and the courts shall so declare them."

Senator Gayner of the 5th moves to amend HR 6-1 as follows:

By renumbering present Article 2, Section 8, Paragraph 1 as Paragraph 2.

Senator Phillips of the 27th moves to amend HR 6-1 as follows:

By striking from Article 2, Section 8, Paragraph 2 the title, and inserting in lieu thereof a new title, "Amendment of Statutes and Sections of Code."

Senator Phillips of the 27th moves to amend HR 6-1 as follows:

By renumbering Article 2, Section 8, Paragraph 2 as Paragraph 3.

Senator Johnson of the 42nd moves to amend HR 6-1 as follows:

By renumbering Article 2, Section 8, Paragraph 3 as Paragraph 5.

THURSDAY, JUNE 18, 1964

969

Senator Johnson of the 42nd moves to amend HR 6-1 as follows:

By renumbering Article 2, Section 8, Paragraph 4 as Paragraph 6.

Senator Johnson of the 42nd moves to amend HR 6-1 as follows:
By renumbering Article 2, Section 8, Paragraph 5 as Paragraph 7.

Senator Phillips of the 27th moves to amend HR 6-1 as follows:
By renumbering Article 2, Section 8, Paragraph 6 as Paragraph 8.

Senator Phillips of the 27th moves to amend HR 6-1 as follows:
By renumbering Article 2, Section 8, Paragraph 7 as Paragraph 9.
Senator Ellis of the 44th moves to amend HR 6-1 as follows:
By striking Article 2, Section 8, Paragraph 3 in its entirety and inserting in lieu thereof a new Paragraph 3 to read as follows:
"Paragraph 3. Notice of Intention to Introduce local Legis lation. No local or special bill shall be passed unless notice of the intention to introduce same and a concise statement of the substance thereof has been published, in the newspaper in which the sheriff's advertisements for the locality affected are published, once a week for three weeks during a period of sixty days immediately preceding its introduction into the General Assembly. No local or special bill shall become law un less there is attached to and made a part of said bill a copy of said notice accompanied by an affidavit or certificate of a duly authorized representative of the newspaper or accompanied by an affidavit of the author to the effect that said notice has been published as provided herein and specifying the dates of publi cation."

Senator Johnson of the 42nd moves to amend HR 6-1 as follows:
By adding a new Paragraph to Article 2, Section 8, to be known as Paragraph 4 to read as follows:
"Paragraph 4. General Laws; Uniform Operation; Limi tation on Local Laws. Laws of a general nature shall have uni form operation throughout the State, and, except as otherwise provided in this Constitution, no local or special law may be enacted in any case for which provision has been made by general law."

970

JOURNAL OF THE HOUSE,

Senator Phillips of the 27th moves to amend HR 6-1 as follows:
By striking Article 2, Section 8, Paragraph 6 in its entirety and inserting in lieu thereof a new Paragraph 6 to read as follows:
"Paragraph 6. Abridgement of Power of Eminent Domain. The exercise of the power of eminent domain shall never be abridged or construed so as to prevent the General Assembly from taking property and franchises and subjecting them to public use."

Senator Smalley of the 28th District moves to amend HR 6-1 as follows:

By striking Article 2, Section 8, Paragraph 10 in its entirety.

Senator Smalley of the 28th moves to amend HR 6-1 as follows:

By striking Article 2, Section 8, Paragraph 11 in its entirety. Senator Smalley of the 28th moves to amend HR 6-1 as follows:

By striking Article 2, Section 8, Paragraph 13 in its entirety.

Senator Pennington of the 45th moves to amend HR 6-1 as follows:

By striking Article 5, Section 2, Paragraph 9 in its entirety and inserting in lieu thereof a new Paragraph 9 to read as follows:

"Paragraph 9. Milk and Dairy Products. Due to the na ture of the products and in order to protect the public, the General Assembly is hereby authorized to provide by law for such control and regulation as it deems advisable over milk and dairy products, and delegate such of its powers in connec tion therewith as it deems advisable."
Senator Phillips of the 27th moves to amend HR 6-1 as follows:
By striking Article 2, Section 9, Paragraph 1 in its entirety and inserting in lieu thereof a new Paragraph 1 to read as follows:
"Paragraph 1. Origination. All bills for raising revenue or appropriating money shall originate in the Senate, but the House of Representatives may propose or concur in amendments as in other bills."

Senator Phillips of the 27th moves to amend HR 6-1 as follows:
By striking the title of Article 2, Section 9, Paragraph 2 and inserting in lieu thereof a new title, "How Public Money Drawn."

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971

Senator Carlton of the 21st moves to amend HR 6-1 as follows:

By striking Article 2, Section 10, Paragraph 1, Subparagraph (d) in its entirety and inserting in lieu thereof a new Subparagraph (d) to read as follows:

"(d) The General Appropriation Bill shall embrace nothing except appropriations fixed by previous laws, the ordinary ex penses of the Executive, Legislative and Judicial Departments of the Government, payment of the public debt and interest thereon, and for support of the public institutions and educa tional interests of the State. All other appropriations shall be made by separate bills, each embracing but one subject."

Senator Carlton of the 21st moves to amend HR 6-1 as follows:
By striking from Article 2, Section 10, Paragraph 2, Subpara graph (e) the following: ", which appropriation shall also provide the maximum amount of bonds that they may be issued pursuant thereto".

Senator Smalley of the 28th moves to amend HR 6-1 as follows:
By striking Article 2, Section 10, Paragraph 3 in its entirety and inserting in lieu thereof a new Paragraph 3 to read as follows:
"Paragraph 3. Supplementary Appropriation Acts. In addi tion to the appropriations made by the General Appropriations Act and amendments thereto, the General Assembly may make addi tional apropriations by supplementary appropriation acts, but no such supplementary appropriation shall be available unless there is an unapropriated surplus in the State Treasury or the additional revenue measures necessary to provide such supplementary appro priation shall have been enacted. Neither house shall pass a supple mentary appropriation bill until the General Appropriations Act shall have been finally enacted into law."

Senator Kidd of the 25th moves to amend HR 6-1 as follows:
By adding at the end of Article 2, Section 10, Paragraph 7 the following sentence:
"The General Assembly is hereby authorized to provide a method for determining the population of municipalities which were or are not incorporated on the date when any Federal Decennial Census became or becomes effective in order that such municipali ties may likewise be eligible to receive their proper share of the sums provided under this Paragraph."

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JOURNAL OF THE HOUSE,

Senator Gayner of the 5th moves to amend HR 6-1 as follows:

By striking Article 2, Section 11, Paragraph 1 in its entirety and inserting in lieu thereof a new Paragraph 1 to read as follows:

"Paragraph 1. Manner of Providing. The General Assembly shall protect by law from levy and sale a portion of the homestead of the citizens in an amount of not less than $1600 and shall have authority to define a homestead and those to whom such exemptions shall be allowed; to specify the amount of such exemptions; to provide the manner of exempting such property, the sale, aliena tion and encumbrance thereof; and to provide for the waiver of said exemptions by the debtor."

Senator Gayner of the Bth moves to amend the amendment of Sena tor Ellis of the 44th to HR 6-1 as follows:

By striking Article 2, Section 12, Paragraph 1 in its entirety and inserting in lieu thereof a new Paragraph 1 to read as follows:

"Paragraph 1. Provision for Militia. The General Assembly shall provide by law for the defense and disaster forces of the State and for their regulation and discipline. The defense and disaster forces shall be subject to the directives of the Governor in his capacity as Commander-in-Chief."

Senator Carter of the 14th moves to amend the amendment to HR-61 as follows:

By striking Article 2, Section 13, Paragraph 1 in its entirety and inserting in lieu thereof a new Paragraph 1 to read as follows:
"Paragraph 1. Salaries of Elective Officers. The General As sembly may prescribe salaries and allowances for all elective offi cers provided for in this Constitution and change the same, but no such change shall increase or diminish the total salary and allow ances of any incumbent during his term of office; except that when two or more elective officers hold the same office but whose terms are not concurrent, salaries of all such officers will be changed at the same time that the salary of any such officer may be changed. Notwithstanding the restrictions above, the General Assembly may change the compensation of any State or county elective officer from a fee system to a salary at any time and fix such salary." Senator Yancey of the 33rd moves to amend the amendment of

Senator Webb of the llth to HR 6-1 as follows:
By striking Article 3, Section 2, Paragraph 2 in its entirety and inserting in lieu thereof a new Paragraph 2 to read as follows:
"Paragraph 2. Jurisdiction.

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973

"(a) Original Jurisdiction. Except as herein provided, the Su preme Court shall have no original jurisdiction, but it shall have power to issue all writs necessary or appropriate in aid of its appellate jurisdiction and such inherent power as is necessary in the performance of its duties. The Supreme Court shall have origi nal jurisdiction upon petition of at least two of the elected execu tive officers named in this Constitution to determine the disability of the Governor or other person legally exercising the chief execu tive powers of the State and shall retain jurisdiction of said matter for the purpose of determining the cessation of disability. The Court may, in accordance with its rules, render advisory opinions on questions of solemn and manifest public importance when requested by the Governor or by joint resolution of the General Assembly.

"(b) Appellate Jurisdiction. The Supreme Court shall have exclusive appellate jurisdiction from all other courts of this State in cases involving the interpretation or application of the Constitu tion of the United States or this Constitution and of treaties to which the United States is a party; in cases where the constitu tionality of any law, rule, regulation, ordinance, or resolution is questioned; in cases of conviction of a capital felony; and until otherwise provided by law: in cases involving equitable powers or title to land; in all divorce and alimony cases; in cases certified to it by the Court of Appeals for determination; and in such other cases as may be prescribed by law or by its rules. The Supreme Court shall have discretionary power to require any case to be certi fied by certiorari or otherwise to the Supreme Court from the Court of Appeals for review and determination with the same power and authority as if the case had been carried directly to the Supreme Court. The Supreme Court also shall have jurisdiction of and shall decide cases transferred to it by the Court of Appeals because of an equal division between the Judges of that Court when sitting as a body for the determination of cases. The decisions of the Supreme Court shall bind all other courts of this State as precedents."

Senators Byrd of the 17th and Phillips of the 27th move to amend the amendment of Senator Phillips of the 27th to HR 6-1 as follows:
By striking Article 3, Section 2, Paragraph 3 in its entirety and inserting in lieu thereof a new Paragraph 3 to read as follows:
"Paragraph 3. Powers of Supreme Court.
"(a) The Supreme Court, with the counsel and advice of rep resentative members of the Court of Appeals, the Judges of the Superior Courts, and the legal profession, shall have the power to prescribe rules governing practice and procedure for the judicial system. Such rules, before becoming effective, shall be submitted to the General Assembly during the first ten days of any regular session, and unless one house or the other rejects such rules before adjournment, they shall become effective thirty days after the date of adjournment or as otherwise specified therein. Any rules so submitted shall not be subject to amendment by the General Assem bly, but shall be subject only to rejection as submitted and if more

974

JOURNAL OF THE HOUSE,

than one rule is submitted and the same are declared by the Su preme Court to be inter-related the General Assembly may not reject only a part of such inter-related rules. The rules in force upon the effective date of this Constitution shall continue of force until changed as above provided.

"(b) The Supreme Court shall by rule govern admission to the bar and otherwise regulate the practice of law, organization of the bar, standards of professional conduct, and the discipline of mem bers of the bar.

"No such rule shall deprive any member of the bar to the right to a trial by jury in the county of his residence upon any disbarment or suspension proceeding pursuant to any such rule."

Senator Gayner of the 5th moves to amend HE 6-1 as follows:
By striking Article 3, Section 3, Paragraph 2 in its entirety and inserting in lieu thereof a new Paragraph 2 to read as follows:
"Paragraph 2. Jurisdiction. The Court of Appeals shall have appellate jurisdiction from all the trial courts of this State in such cases as may be prescribed by the rules of the Supreme Court not inconsistent with the laws of this State or this Constitution, and shall have the power to issue all writs necessary or appropriate in aid of its appellate Jurisdiction. The Court of Appeals may certify a question or questions or cases to the Supreme Court for answer or determination and shall do so in the event of an equal division between the Judges of the Court of Appeals."

Senator Webb of the llth moves to amend HR 6-1 as follows:
By striking Article 3, Section 5, Paragraph 2 in its entirety and inserting in lieu thereof a new Paragraph 2 to read as follows:
"Paragraph 2, Retirement and Pensions. The General Assem bly shall provide by law for the payment of compensation or pen sions to retired or disabled justices and judges. The Supreme Court may assign retired justices or judges to perform temporary judi cial duties in any court of the State. Every justice and judge shall retire upon reaching the age of seventy and may retire upon reach ing the age of sixty-five and any justice or judge so retiring under this provision who has served at least ten years as a justice or judge of the Supreme Court or the Court of Appeals or any combi nation thereof, or who upon reaching the age of sixty-five has a combined service of fifteen years as Justice of the Supreme Court, Judge of the Court of Appeals, or Judge of the Superior Court, five of which must have been a Justice of the Supreme Court or Judge of the Court of Appeals, shall receive a pension or compensation which shall be not less than two-thirds of the compensation re ceived by him at the time of his retirement; provided, however, any justice or judge during the term of office he is serving at the time of the effective date of this Constitution shall not be required to

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retire at age seventy but he may elect to do so and shall receive the pension or compensation herein provided. No justice or judge receiv ing retirement or pension benefits hereunder shall be eligible to appointment to any emeritus position. Any justice or judge receiv ing any such compensation or pension shall not engage in the prac tice of law."

Senator Johnson of the 42nd moves to amend H. R. 6-1, and more particularly Article 3, Section 6, Paragraph 1 by striking in the second line and in the fifth line the words "or judge emeritus".

Senator Webb of the llth moves to amend HR 6-1 as follows:

By striking Article 3, Section 7, Paragraph 1 in its entirety and inserting in lieu thereof a new Paragraph 1 to read as follows:

"Paragraph 1. Circuits and Judges. The General Assembly shall, as may be necessary, subdivide the State into judicial circuits and provide for a superior court in each county of such circuits. There shall be a judge of the superior courts for each judicial cir cuit, whose term of office shall be six years, and until his successor is elected and qualified. He may act in other circuits and in other courts when directed by the Supreme Court as hereinbefore pro vided or when authorized by law. The General Assembly shall have authority to add one or more additional judges of the superior courts for any judicial circuit in the State; shall fix the time at which the term or terms of office of such additional judge or judges shall begin; and shall have authority from time to time to reduce the number of judges in any judicial circuit; provided that, at all times there shall be at least one judge in every judicial cir cuit of this State. In any circuit having more than one judge, the senior judge in point of service shall be the chief judge unless the judges in the circuit otherwise elect a chief judge."

Senator Smalley of the 28th moves to amend HR 6-1 as follows:

By striking from Article 3, Section 8, Paragraph 2 the following: "They shall have appellate jurisdiction in such cases as may be pro vided by law. They shall have power to correct errors in inferior judicatories by writ of certiorari or as otherwise provided by law.", and substituting in lieu thereof one sentence to read as follows: "The supe rior courts shall have appellate jurisdiction to review the judgments of inferior courts in the manner prescribed by rules of the Supreme Court and such other appellate jurisdiction as may be provided by rules of the Supreme Court."
(Includes amendment by Senator Gayner of the 5th to Senator Smalley's amendment.)

Senators Smalley of the 28th and Byrd of the 17th move to amend HR 6-1 as follows:
By striking Article 3, Section 9, Paragraph 2 in its entirety and by substituting a new Paragraph 2 to read as follows:

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"Paragraph 2. Retirement and Retirement Benefits. The Gen eral Assembly may provide by law for retirement pay for judges of Superior Courts who retire after reaching the age of sixty-five. Such retirement pay shall not exceed two-thirds of their regular compensation being received from the State at the time of reaching age sixty-five. Such retirement pay shall be made available accord ing to the law, rules and regulations governing the Employees' Retirement System of Georgia and not otherwise, provided that service as judge of Superior Court only shall count as service for retirement; provided further, that as to any judge in office on the effective date of this Constitution, he may elect to come under these provisions or may elect to retire under the provisions of law re specting retirement heretofore in effect. Any judge while receiving retirement pay shall not engage in the practice of law and shall not be eligible to election or appointment to any other office in this State. Every judge, except those in office at the effective date of this Constitution, shall retire on the first day of January next after the general election nearest his seventieth birthday and his successor shall be elected in such election."
Senator Johnson of the 42nd moves to amend HR 6-1 by striking in its entirety Paragraph 3, Section 9, Article 3.
Senator Webb of the llth moves to amend HR 6-1 as follows:
By striking from Article 3, Section 10, Paragraph 1 the words "taking office" and inserting in lieu thereof the following: "his election or appointment".

Senator Yancey of the 33rd moves to amend HR 6-1 as follows:
By striking Article 3, Section 11 in its entirety and inserting in lieu thereof a new Section 11 to read as follows:
"SECTION 11
"COURT OP ORDINARY
"Paragraph 1. Jurisdiction and Term. There shall be a court of ordinary in each county which shall have jurisdiction of probate matters and such other matters as may be provided by law. The ordinary shall hold office for a term of four years and until his successor is elected and qualified, and shall perform such duties, judicial and otherwise, as may be prescribed by law."

Senator Smalley of the 28th moves to amend HR 6-1 as follows: By striking Article 3, Section 12 in its entirety.
Senator Phillips of the 27th moves to amend HR 6-1 as follows:
By striking Article 3, Section 13, Paragraph 1, in its entirety and inserting in lieu thereof a new Section 13 to read as follows:

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977

"SECTION 13

"VENUE AND JURY TRIAL

"Paragraph 1. Venue in Criminal Cases. All criminal cases shall be tried in the county where the crime was committed except in cases where the judge is satisfied that an impartial jury cannot be obtained in such county, in which case venue shall be changed as may be provided by law, provided, however, that venue shall not be changed in any case unless such change is requested by the de fendant. To the end that no crime may go unpunished, the venue for the trial of criminal cases where the county of commission cannot be ascertained or where the crime was committed in two or more counties shall be as may be prescribed by law."

(Includes amendment by Senator Gayner of the 5th to Senator Phillips' amendment.)

Senator Phillips of the 27th moves to amend HR 6-1 as follows:
By striking Article 3, Section 13, Paragraph 2 in its entirety and inserting in lieu thereof a new Paragraph 2 to read as follows:
"Paragraph 2. Venue in Civil Cases. All civil cases shall be tried in the counties where the defendant resides unless as otherwise provided by law."

Senator Gayner of the 5th moves to amend HR 6-1 as follows:
By changing the period at the end of the second sentence of Para graph 3 of Section 13 of Article 3 to a semi-colon and by adding there after the following:
"provided however that nothing contained herein shall be con strued so as to prevent the General Assembly, or the Supreme Court under its rule making power, from providing for summary judg ments and directed verdicts."

Senator Yancey of the 33rd moves to amend the amendment of Sena tor Salome of the 36th to HR 6-1 as follows:
By adding at the end of Section 13, Article 3, a new Paragraph to be numbered as Paragraph 4 to read as follows:
"Paragraph 4. Appearance before Grand Juries. No person against whom an indictment is being considered shall have the right to appear before any grand jury in his own behalf, either in person or by counsel. Nothing herein shall be construed so as to prevent persons from testifying before a grand jury on any matter which does not affect such witness."

978

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Gayner of the 5th moves to amend HR 6-1 as follows:
By striking Article 4, Section 1, Paragraph 2 in its entirety and inserting in lieu thereof a new Paragraph 2 to read as follows:
"Paragraph 2. Qualifications of Elected Officers. No person shall be eligible to hold any elected executive office of this State unless he shall have been a citizen of the United States for at least fifteen years and shall have resided in this State at least six years next preceding his election and shall be at least thirty years of age when elected. No person shall be elected or appointed Attorney General unless at the time of his election or appointment he shall have practiced law for at least seven years and shall be qualified at the time of his election to practice law in the courts of this State The Governor shall not be eligible to succeed himself and shall not be eligible to hold such office until after the expiration of four years from the conclusion of his term of office."
Phillips of the 27th moves to amend HR 6-1 as follows:
By inserting in Article 4, Section 2, Paragraph 2 between the word "forces" and the word "of" the word "and", so that when so amended Paragraph 2 shall read as follows:
"Paragraph 2. Commander-in-Chief. The Governor shall be Commander-in-Chief of the defense and disaster forces and of the Militia of the State."

Gayner of the 5th moves to amend HR 6-1 as follows:
By striking Article 4, Section 2, Paragraph 3 in its entirety and inserting in lieu thereof a new Paragraph 3 to read as follows:
"Paragraph 3. Suspension of Death Sentences. The Governor shall have power to suspend the execution of a sentence of death until the State Board of Pardons and Paroles shall have an oppor tunity of hearing the application of the convicted person for any relief within the power of such Board, or for any other purposes which may be deemed necessary by the Governor. Upon conviction of any person for treason the Governor may only suspend the execution of the sentence and report the case to the General Assem bly at the next meeting thereof, when the General Assembly shall either pardon, commute the sentence, direct its execution or grant a further reprieve."

Carter of the 14th moves to amend HR 6-1 as follows:
By striking Article 4, Section 2, Paragraph 5 in its entirety and inserting in lieu thereof a new Paragraph 5 to read as follows:
"Paragraph 5. Filling Vacancies. When any office shall be come vacant by death, resignation or otherwise, the Governor shall

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have power to fill such vacancy unless otherwise provided by law, except that the Governor shall order elections to fill all vacancies in the General Assembly where such vacancy would cause a district or county to be without full representation during a session of the General Assembly."

Gayner of the 5th moves to amend HR 6-1 as follows:

By striking Article 4, Section 2, Paragraph 6 in its entirety and inserting in lieu thereof a new Paragraph 6 to read as follows:

"Paragraph 6. Information and Recommendations to the Gen eral Assembly. The Governor shall give the General Assembly, at the beginning of each regular session and from time to time, infor mation of the state of the State and recommend to its considera tion such measures as he may deem necessary or expedient." Senator Smalley of the 28th moves to amend HR 6-1 as follows:

By striking Article 4, Section 2, Paragraph 7 in its entirety and inserting in lieu thereof a new Paragraph 7 to read as follows:

"Paragraph 7. Extraordinary Sessions of the General Assem bly. The Governor may convoke the General Assembly in extraordi nary session whenever he deems it necessary, but no laws shall be enacted at any such extraordinary session except those which relate to the objects stated in his proclamation calling such session. It shall be mandatory upon the Governor to convoke the General As sembly in extraordinary session for all purposes whenever threefifths of the members elected to each house certify to him, with a copy to the Secretary of State, that in their opinion an emergency exists in the affairs of the State. Should the Governor fail to so do within three days, Sundays excluded, after receipt of such certi fication, the General Assembly may convene itself in extraordinary session for all purposes as if convened in regular session. An extra ordinary session convoked by the Governor shall not exceed seventy days in length and an extraordinary session convened by the Gen eral Assembly itself shall not exceed thirty days in length, unless at the expiration of either there shall be pending an impeachment trial, in which event the Senate shall be authorized to remain in session until such trial is completed."

Senator Carter of the 14th moves to amend HR 6-1 as follows:
By striking Article 4, Section 2, Paragraph 8 in its entirety; and By renumbering Article 4, Section 2, Paragraph 9 as Article 4, Section 2, Paragraph 8.

Senator Carter of the 14th moves to amend HR 6-1 as follows:
By striking Article 4, Section 3, Paragraphs 2 and 3 in their entirety and inserting in lieu thereof one new paragraph to be numbered Para graph 2 to read as follows:

JOURNAL OF THE HOUSE,
"Paragraph 2. Exercise of Executive Powers. In case of death, resignation or removal from office of the Governor, the Lieutenant Governor shall exercise the executive power and receive the com pensation of the Governor for the unexpired term. He may then suc ceed himself as Governor. In case of the disability of the Governor, the Lieutenant Governor shall exercise the executive power until the removal of such disability. If the Lieutenant Governor shall succeed to the executive power, or in case of death, resignation or removal from office, his successor shall be elected at the next regular elec tion for other state executive officers."
Senator Yancey of the 33rd moves to amend HR 6-1 as follows:
By striking the last sentence of Article 4, Section 4, Paragraph 1 in its entirety; and
By striking the next to the last sentence of Article 4, Section 4, Paragraph 2 in its entirety.
Senator Carter of the 14th moves to amend HR 6-1 as follows:
By striking Article 4, Section 6, Paragraph 1, 2, 3, 4, and 5 in their entirety and inserting in lieu thereof one new paragraph as follows:
"Paragraph 1. Number; Term of Office; Vacancies. There shall be a Solicitor General for each judicial circuit elected, and appointed as necessary, in the same manner as the respective cir cuit Superior Court Judges, who shall represent the State in all criminal cases in the Superior Courts of his circuit, and all criminal cases taken up from the Superior Courts of his circuit to the Court of Appeals and Supreme Court, whose term of office, qualifications, other duties and compensation shall be prescribed by the General Assembly."
Senator Carter of the 14th moves to amend HR 6-1 as follows:
By striking Article 4, Section 7, ini ts entirety and inserting in lieu thereof a new Section 7 to read as follows:
"Paragraph 1. Election of Executive Officers. The first elec tion for Governor, Lieutenant Governor, Secretary of State, Attor ney General, Comptroller General, Treasurer, State School Superin tendent, Commissioner of Agriculture, and Commissioner of Labor under this Constitution shall be held at the time of the General Election in 1966 and quadrennially thereafter on the date fixed by law. All such officers shall be elected in the manner prescribed for the election of members of the General Assembly and such officers shall be installed in office at the next regular annual session of the General Assembly subsequent to their election.
"Paragraph 2. Returns of Elections. The returns for every

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election of said officers shall be sealed by the managers, separately from other returns, and directed to the President of the Senate and Speaker of the House of Representatives, and transmitted to such person or authority as provided by law, who shall, without opening said returns cause the same to be laid before the Senate on the day after the two houses shall have been organized, and they shall be transmitted by the Senate to the House of Representatives.

"Paragraph 3. Publication of Returns. The members of both houses of the General Assembly shall convene in the Representative Hall, and the President of the Senate and the Speaker of the House of Representatives shall open and publish the returns under the direction of the General Assembly. The person having the majority of the whole number of votes shall be declared duly elected to each of said offices. Whenever no person is elected in the general election to fill such office, or whenever any person elected shall die or with draw prior to taking office, then the Secretary shall thereupon call a special election to fill such position as provided by law. The in cumbent officer shall continue to serve until his successor can be elected and qualified."

Senator Webb of the llth moves to amend HB 6-1 as follows:

By striking from Article 5, Section 1, Paragraph 1, Subparagraph (a) in its entirety and substituting in lieu thereof a new Subparagraph

(a) to read as follows:

"(a) The power of taxation shall remain at all times under the control of the General Assembly as the representative of the people. All tax exemptions, exclusions, deductions, credits or other tax benefits shall always remain matters of grace, and neither the General Assembly, any department or official, any division of govern ment, nor government at any level shall have any authority in any manner, to surrender, suspend or otherwise limit the exercise of such power irrevocably."

Senator Webb of the llth moves to amend HR 6-1 as follows:

By striking Subparagraph (b) in its entirety from Article 5, Sec tion 1, Paragraph 1, and substituting in lieu thereof a new Subparagraph (b) to read as follows:

"(b) The power of taxation shall be exercised solely for public purposes and by general laws or ordinances applicable uniformly upon the same class of subjects throughout the territorial limits of the government authorized to levy the tax except as otherwise pro vided in this Constitution; provided, however, a county may limit any license fee or occupational tax to business located in the unin corporated area thereof. No such county license fee or occupational tax shall be imposed on any businesses which are subject to regula tion by the Public Service Commission."

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Senators Johnson of the 42nd, Holloway of the 12th and Smalley of the 28th move to amend HE 6-1 as follows:

By designating the second paragraph of Subparagraph (a) of Arti cle 5, Section 1, Paragraph 2, as Subparagraph (b); and

By adding a new Subparagraph to be known as Subparagraph (c) to read as follows:

"(c) The General Assembly may provide for a classification, or classifications, of tangible personal property held as inventory for manufacturing, processing or distribution (not including sale at retail) separately from other tangible property. It may provide for the valuation of inventories on the basis of their average value held during the preceding tax year instead of their value on January 1 and for a different basis, or bases, or assessment therefor."
and
By redesignating Subparagraph (b) of Article 5, Section 1, Para graph 2, as Subparagraph (d).

(As amended by Senator Holloway of the 12th.)

Senator Webb of the llth moves to amend HR 6-1 as follows:

By striking Subparagraph (a) in its entirety from Article 5, Sec tion 1, Paragraph 3, and substituting in lieu thereof a new Subparagraph (a) to read as follows:
"(a) The General Assembly may exempt any of the following property, or any combination thereof, from taxation under such definitions, conditions, and limitations as it may prescribe; all laws exempting property from taxation, other than the property enu merated in this Constitution, shall be void."

Senator Webb of the llth moves to amend HR 6-1 as follows:

By striking Article 5, Section 1, Paragraph 3 (e) in its entirety and inserting in lieu thereof a new Subparagraph (e) to read as follows:

"(e) In an amount not to exceed $2,000 of its value, the home stead owned by a person who is a resident of this State, actually occupied by him primarily as his residence and only so long as so occupied, is hereby exempted from all property taxation for State, county, and county or area school purposes, except to pay interest on and to retire bonded indebtedness. The General Assembly, from time to time, may lower the amount of this exemption to not less than $1,250. An exemption hereunder must be claimed in the manner prescribed by the General Assembly, and the General Assembly may further define the homestead entitled to exemption hereunder ex cept that a homestead as contemplated hereunder shall remain to a claimant's actual dwelling, structures incidental thereto, and the land to which same is attached."

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Senator Webb of the llth moves to amend HR 6-1 as follows:

By adding to Article 5, Section 1, Paragraph 3 a new Subparagraph to be known as Subparagraph (f) to read as follows:

"(f) Each person who is sixty-five (65) years of age or over and who does not have an income from all sources, including tax free income, exceeding $3,000.00 per annum is hereby granted an exemption of $4,000.00 on his homestead which he owns and which he actually occupies as a residence, such exemption being from all State, county, and county or area school taxes, except to pay interest on and to retire bonded indebtedness. The value of the residence in excess of $4,000.00 shall remain subject to taxation. Any such owner shall not receive the benefits of such homestead exemption unless he files an affidavit with the tax commissioner or tax receiver of the county in which he resides, giving his age and the amount of income which he receives and such additional information relative to receiving the benefits of such exemption as will enable the tax commissioner or tax receiver to make a determination as to whether such owner is entitled to such exemption. The tax commissioner or tax receiver shall provide affidavit forms for this purpose."

By redesignating Subparagraphs (f) and (g) as (g) and (h).

Senator Gayner of the 5th moves to amend HR 6-1 as follows:
By striking Article 5, Section 1, Paragraph 3 (g) in its entirety and inserting in lieu thereof a new Subparagraph (g) to read as follows:
"(g) The General Assembly may exempt from all ad valorem taxes, except for school purposes, all property and improvements thereon, which property is held under lease from the State or any instrumentality thereof, and which is located on an island owned by the State and operated by an Authority created by the General Assembly."

Senator Webb of the llth moves to amend HR 6-1 as follows:

By striking in its entirety Paragraph 5 of Article 5, Section 1, and substituting in lieu thereof a new Paragraph 5 to read as follows:
"Paragraph 5. Local Taxation. The General Assembly may au thorize any county, or municipal corporation or other political sub division to exercise the power of taxation for any public purpose as authorized by law or by this Constitution, and unless otherwise pro vided by this Constitution or by law no levy need state the particular purposes for which the same was made nor shall any taxes collected be allocated for any particular purpose, unless expressly so pro vided by the General Assembly or this Constitution."

Senator Webb of the llth moves to amend HR 6-1 as follows:
By inserting in Article 5, Section 2, Paragraph 2, between the words "purely charitable" the word "public", so that when so amended said Paragraph 2 shall read as follows:

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"Paragraph 2. Taxing Power and Contributions of Counties, Municipal Corporations and Political Subdivisions Restricted. Ex cept as may be otherwise expressly permitted by this Constitution, the General Assembly shall not authorize any county, municipal corporation or political subdivision of this State, through taxation, contributions or otherwise, to become a stockholder in any company, corporation, or association, or to appropriate money for or to lend its credit to any corporation, company, association, institution or individual except for purely public charitable purposes. This re striction shall not operate to prevent the support of schools, by municipal corporations within their respective limits."
Senator Brown of the 34th moves to amend HR 6-1 as follows:
By adding at the end of the first paragraph of Article 5, Section 2, Paragraph 3 immediately after the words "and welfare programs", the following:
"and may authorize the use of public funds to provide retirement benefits or pensions, compensatory or otherwise, for all public school teachers retired because of disability or after meritorious service",
so that when so amended, the first paragraph of Paragraph 3 shall read as follows:
"Paragraph 3. Donations and Gratuities. Neither the General Assembly nor any public corporation, or political subdivision shall grant or authorize the granting of any donation or gratuity in favor of any person, corporation or association, nor grant or au thorize extra compensation to any public officer, agent, or contrac tor, after the service has been rendered or the contract entered into, except that the General Assembly may authorize the grant of scholar ship and educational aid and loans in furtherance of health, educa tion and welfare programs and may authorize the use of public funds to provide retirement benefits or pensions, compensatory or otherwise, for all public school teachers retired because of disa bility or after meritorious service."
Senator Gayner of the 5th moves to amend HR 6-1 by adding to paragraph 4, of Section 2, of Article 5 between the words "officer" and "or" the words "member of any authority, board, bureau or commission" and by adding between the words "or" and "employee" the word "public" so that said Section as amended shall read as follows:
"Paragraph 4. Profit on Public Money. It shall be unlawful for any public officer, member of any authority, board, bureau or com mission or public employee, including any member or officer of the General Assembly, directly or indirectly, to receive any interest, profit or perquisite from the use, loan or disposition of public funds. The General Assembly shall provide appropriate penalties therefor, including disqualification from holding public office or employment."
Senator Johnson of the 42nd moves to amend HR 6-1 to relocate Paragraph 8 of Section 2 of Article 5 to become Paragraph 16 of Sec tion 8 of Article 2.

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Senator Johnson of the 42nd moves to amend HR 6-1 by relocating Paragraph 9 of Section 2 of Article 5 to become Paragraph 13 of Sec tion 8 of Article 2.

Senator Wesberry of the 37th moves to amend HR 6-1 as follows:
By adding a new Paragraph to Article 5, Section 2, to be numbered Paragraph 8 to read as follows:
"Paragraph 8. All receipts and expenditures by the State and any of its departments and agencies, every county, municipality and other political subdivision, and any department and agency thereof, board of education, public authority, and any other unit of Govern ment shall be matters of public record."
By renumbering Paragraphs 8 and 9 as Paragraphs 9 and 10.

Senators Webb of the llth, Smalley of the 28th, Johnson of the 42nd move to amend HR 6-1 as amended by Coggins of the 35th, as follows:
By striking Section 3 or Article 5 in its entirety and substituting in lieu thereof a new Section 3 to read as follows:
"SECTION 3
PUBLIC DEBT
Paragraph 1. State Debt.
(a) No debt shall be contracted by, or on behalf of, the State ex cept to repel invasion, suppress insurrection, defend the State in time of war, or pay existing public debt.
(b) The State may contract for loans to supply such temporary de ficit as may exist in the State Treasury in any year, but no such loan is authorized as long as any loan for a similar purpose in any prior fiscal year remains unpaid.
(c) The State may guarantee unconditionally any obligation issued by any authority or public corporation activated prior to January 1, 1961, on the security of any authorized contract with the State, or any department or agency thereof; it may also guarantee unconditionally payment of student loans for higher education under programs author ized by the General Assembly.
(d) The State shall not assume the debt, or any part thereof, of any political subdivision unless such debt was incurred to enable the State to repel invasion, suppress insurrection, or defend itself in time of war.

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(e) For purposes of this Paragraph, revenue obligations authorized under Section 4, and intergovernmental contracts authorized under Sec tion 5 of this Article shall not constitute debts of the State.
(f) In the event the State may incur any bonded indebtedness un der subparagraph (a), the General Assembly shall provide for the levy and collection of an annual tax sufficient to pay the necessary principal and interest within thirty years and establish a sinking fund separate from other funds of the State into which shall be placed the entire pro ceeds from such tax and all other funds obtained from any source for the purpose of discharging such indebtedness. Such sinking fund shall be used solely for such purpose, but until so needed may be invested and rein vested in obligations of, or guaranteed unconditionally by, the United States of America.

Paragraph 2. Local Debt.

(a) The debt of any county, municipal corporation, or other local political subdivision, except school districts, shall never exceed seven per cent of the assessed value of all taxable property therein; the debt of school districts shall never exceed ten per cent of such assessed value. In computing this limitation, any sinking fund irrevocably pledged to the payment of outstanding indebtedness shall be deducted therefrom.
(b) Except as hereinafter provided, no county, municipal corpora tion, school district, or other local political subdivision shall incur any new debt without the assent of a majority of the qualified voters there of voting in an election for that purpose. Such election shall be held as prescribed by law, and the regular voters' list shall be used therefor.
"(c) Without regard to subparagraph (a) or (b), a local politi cal subdivision may make temporary loans between January 1st and December 31st in each year to pay expenses for such year, pro vided that the aggregate of all such indebtedness outstanding shall not exceed seventy-five per cent of its total gross income from taxes collected or received in the last preceding year. All such indebted ness shall be payable on or before December 31st of the calendar year in which incurred, and no such loan may be made as long as any loan for a similar purpose in any prior year remains unpaid; provided, however, as to any local political subdivision, which operates on a fiscal year different from the calendar year, the fore going provision shall be deemed to require such temporary loan to be paid at the end of such fiscal year. No local political subdivision shall incur in any one year an aggregate of such temporary loans and other contracts or obligations for current expenses in excess of the total anticipated revenue for such calendar year."
(d) For purposes of subparagraphs (a) or (b) revenue obliga tions authorized under Section 4, and intergovernmental contracts authorized under Section 5 of this Article shall not constitute local debt; nor loans for property valuation and equalization programs instituted and executed as required by the General Assembly, nor funds advanced under Federal authority for expenses preliminary to the construction of public works and repayable within a ten-year period.

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987

(e) If first approved in an election as provided in subparagraph (b), debt above the limitations prescribed in subparagraph (a) may be incurred, but not in excess of an additional three per cent and provided such additional debt is repayable in equal annual install ments within a period not exceeding five years.

(f) Any local political subdivision, without regard to subpara graph (b) may issue bonds to refund an outstanding bonded in debtedness, but only to reduce the total combined principal and in terest payable thereon, and not in excess of the total principal of the bonds being refunded.

(g) When any local political subdivision incurs a bonded in debtedness, it shall provide for the levy and collection of an annual property tax, without limit as to rate or amount, sufficient to pay the necessary principal and interest within thirty years and es tablish a sinking fund separate from its other funds into which shall be placed the entire proceeds from such tax and all funds ob tained from any source for the purpose of discharging such in debtedness. Such sinking fund shall be used solely for such purpose, but, until so needed, may be invested or reinvested in obligations of, or guaranteed by this State or the United States of America.

(h) When an indebtedness is incurred for a property valuation or equalization program provision shall be made for the levy and collection of an annual property tax sufficient to pay the necessary principal and interest within the time required by law for the dis charge thereof and a sinking fund, meeting the requirements of subparagraph (g), established for such purpose."
(The above amendment includes amendment by Senator Coggin of the 35th.)

Senators Webb of the llth, Smalley of the 28th and Johnson of the 42nd move to amend HR 6-1 as follows:
By striking Section 4 of Article 5 in its entirety and substituting in lieu thereof a new Section 4 to read as follows:
"SECTION 4
REVENUE OBLIGATIONS
Paragraph 1. Revenue Obligations Authorized.
(a) The General Assembly may authorize any county, municipal corporation, or local subdivision, or may itself create and authorize any public corporation or authority, to issue revenue obligations for the public purposes hereinafter set forth. When such revenue obligations are issued in compliance with the requirements of the General Assembly such obligations shall not constitute indebtedness within the meaning of Paragraph 1 (a) or Paragraph 2 (a) or (b) of Section 3 of this Article. The power of taxation shall not be

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exercised for the purpose of paying the principal thereof or the interest thereon; such principal and interest shall be payable sole ly from the revenues produced in carrying on the authorized public purpose, and such revenues, and any other revenues, except taxes, may be pledged for the payment thereof.
Paragraph 2. Purposes For Which Authorized. Revenue obligations may be issued to provide funds to pay the cost, in whole or part, of acquiring, constructing, extending or improving any public pro perty or facility, including roads, tunnels, bridges, airports, harbor facilities, water, sewerage, garbage or sewage collection, treatment and disposal systems, gas or electric systems (including dams, reservoirs, generating stations and similar facilities), recreational, amusement, educational and exhibition facilities, beach erosion sys tems, public parking buildings and facilities, including parking meters, public facilities for mass transit systems for the transpor tation of passengers for hire, and such other kinds of public pro perty and facilities as may be authorized by the General Assembly.
Paragraph 3. Election Required For Gas or Electric Systems. How ever, before any such obligations may be issued for any purpose relating to gas or electric generating and distribution systems, such obligations must first be authorized by a majority of those voting in an election held for that purpose in the local political subdivision affected, provided a majority of the registered voters thereof voted in such election. In other respects, such election shall be held in the same manner as an election under Paragraph 2 (b). Such an elec tion, however, shall not be required to authorize the issuance of obligations for the purpose of refunding outstanding obligations originally authorized and issued for the aforesaid purpose.
Paragraph 4. Industrial Development Purposes. Revenue obliga tions may also be issued to finance the cost of land, buildings, facilities, machinery or equipment to be sold or leased to a private business in the establishment of a new plant or in the expansion of an existing facility, and also for industrial development pur poses as may be defined and authorized by law. The General As sembly may authorize local taxation for industrial development pur poses, as defined and authorized by law but such taxation by any county, municipal corporation or other political subdivision shall not exceed two mills annually and the proceeds of such tax shall not be used for the repayment of any revenue obligation incurred for such purpose."
Senator Webb of the llth moves to amend the amendment of Sena tors Webb of the llth, Smalley of the 28th and Johnson of the 42nd which added a new Section 4 to Article 5 of HR 6-1 as follows:

By adding at the end of Paragraph 3 thereof the following:

"After any such favorable election has been held, if municipali ties, counties or other political subdivisions, shall purchase, con struct, or operate such electric or gas utility plants from the pro ceeds of said revenue certificates, and extend their services beyond the limits of the county or counties in which the municipality or

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political subdivision is located, unless such service is merely inci dental to its transmission lines, then its services rendered and pro perty located outside said county or counties shall be subject to taxation and regulation as are privately owned and operated utili ties."

Senators Webb of the llth, Smalley of the 28th and Johnson of the 42nd move to amend HR 6-1 as follows:
By striking Section 5 of Article 5 in its entirety and substituting in lieu thereof a new Section 5 to read as follows:
"SECTION 5
INTERGOVERNMENTAL CONTRACTS
Paragraph 1. General Authorization. The State, or any depart ment or agency thereof, any county, municipal corporation, school district, political subdivision, public agency, public corporation or authority may contract, for any period not exceeding fifty years, with each other, with any other state or any political subdivision thereof, or with the United States Government, or any department or agency thereof, for the use of any existing or proposed facility or for the performance of any service which the contracting parties are otherwise authorized to use or to perform. No such contract shall be unlawful because it may involve to any extent an unauthor ized delegation of authority. A party to a contract hereunder may convey to the other party real or personal property to be used solely for the purpose for which the contract was executed; such property may not be mortgaged or pledged.
Paragraph 2. Care and Hospitalization of Indigents. Any county, municipal corporation or other political subdivision may contract with any public agency, public corporation or authority for care, treatment, maintenance and hospitalization for its indigent and obligate itself to pay the costs thereof, the cost of acquisition, construction, modernization or repair of buildings and facilities necessary to render such services for its indigent, including other persons who may desire and are able to pay for such services, and the cost of operating and maintaining such buildings and facilities.
Paragraph 3. Local Taxation Authorized. Any county, munici pal corporation, school district, or other political subdivision, hav ing the power to tax, may exercise such power to the extent neces sary to pay the obligations contractually incurred under this Sec tion and may also expend any other public funds, from whatever source derived for such purpose."
(Includes amendment by Senator Broun of the 46th to the above amend ment.)

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Senator Plunkett of the 30th moves to amend HR 6-1 as follows:

By striking Article 6, Section 1, Paragraph 1 in its entirety and inserting in lieu thereof a new Paragraph 1 to read as follows:

"Paragraph 1. Public Education; Support by Public Funds. An adequate common school education for its citizens shall be a primary obligation of the State of Georgia and its political sub divisions, the expense of which shall be borne out of public funds. The General Assembly shall by taxation or otherwise provide for such public funds and may prescribe the terms and conditions upon which State funds shall be made available for this purpose." Senator Plunkett of the 30th moves to amend HR 6-1 as follows:

By striking Article 6, Section 2, Paragraph 1, and Article 6, Sec tion 3, Paragraph 1 in their entirety and substituting in lieu thereof a new Paragraph 1 to read as follows:

"Paragraph 1. State Board of Education; State School Superin tendent. There shall be a State Board of Education composed of one member from each congressional district in the State. The mem bers of the State Board of Education shall be elected by the electors of the congressional district from which they offer as a candidate in
the same manner and for the same term as that of the Governor and shall have such compensation, qualifications, powers and duties as may be provided by law. The first election of the members of the State Board of Education, under this Constitution, shall be held at the time of the general election of 1966. Neither the Governor nor any person employed in a professional capacity by a private or public educational institution or by the State Board of Education shall be eligible to serve on said Board.

"The State Board of Education, as constituted at the time of the effective date of this Constitution, shall continue until the mem bers of the new State Board of Education created by this Constitu tion are elected and qualified, at which time the State Board of Education as constituted at the time of the effective date of this Constitution, shall cease to exist and shall stand abolished and the powers and duties vested in and exercised by said Board shall be vested in and exercised by the new State Board of Education created by this Constitution until otherwise provided by law.

"There shall be a State Superintendent who shall be the chief administrative officer of the State Board of Education and chief executive officer of the State Department of Education. He shall be appointed by the State Board of Education created by this Con stitution for a term not to exceed four years. No member of the State Board of Education shall be eligible for appointment as State School Superintendent during the term for which he shall have been elected as a member. The State School Superintendent serving at the time of the ratification of this Constitution shall continue to serve as such until the end of his term of office."

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Senator Carter of the 14th moves to amend HR 6-1 as follows:

By striking Article 6, Section 5 in its entirety and inserting in lieu thereof a new Section 5 to read as follows:

"SECTION 5

"LOCAL SCHOOL SYSTEMS

"Paragraph 1. School Districts. Authority is granted to coun ties and area school districts to establish and maintain public schools. Existing county school districts, independent school systems, shall be continued, except that the General Assembly may, by general or local law, provide for the consolidation or merger of any two or more of said school districts or systems, or portions thereof, into a single area school district. No such consolidation or merger shall become effective until approved by a majority of those voting in a referendum in each separate school district or school system being consolidated or merged. Any area school district so estab lished shall constitute a separate political subdivision of the State. Any school district or system consolidated or merged hereunder shall, as such, be abolished, and title to all school properties and assets thereof shall vest in the area school district.

"Paragraph 2. Boards of Education. Each school district or system shall be under the management and control of a board of education which shall have such powers and duties as provided by law, the members of which shall be elected or appointed as provided by law. School board members shall be freeholders and shall reside within the territory embraced by the school district or system.

"Paragraph 3. School Superintendents. There shall be a School Superintendent of each school district or system who shall be the chief administrative officer of the board of education, and shall have such qualifications, powers, and duties as provided by law.
"Paragraph 4. Changes in School Boards and Superintendent. The composition of school boards and the terms of office and methods of selecting Board members and School Superintendents shall be as provided by law applicable thereto at the effective date of this Constitution but may be changed thereafter by general or local law, conditioned upon approval by a majority of those voting in a referendum in the system or district affected.
"Paragraph 5. Powers of Board to Contract with Each Other. Any two or more county boards of education or any two or more independent school system or any two or more area boards of edu cation, or any combination of the foregoing, may contract with each other for the care, education and transportation of pupils, and such other activities as they be authorized by law to perform, not in conflict with the provisions_ of this Constitution."
(As amended by Senators Gayner of the 5th, Jackson of the 16th, Ellis of the 44th and Rowan of the 8th)

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Senators Jackson of the 16th and Gordy of the 15th move to amend HR 6-1, Article 6, Section 6, Paragraph 2, by striking Paragraph 2 and substituting in lieu thereof the following:

"Paragraph 2. Systems established prior to Constitution of 1877 and by Constitutional Amendments prior to January 1, 1949. Public school systems established prior to the adoption of the Con stitutional amendments passed and ratified prior to January 1, 1949, shall not be affected by Articles 5 and 6 of this Constitution."

Senator Carter of the 14th moves to amend HR 6-1 by striking from Article 6, Section 9, Paragraph 3 the words and comma: "but for not more than two years in succession,"
and
By changing the word "may" as it appears between the word "be" and the word "levy" to "shall".

Senators Webb of the llth, Smalley of the 28th, and Johnson of the 42nd move to amend HR 6-1 as follows:

By striking Article 7, Section 1, Paragraph 3 and inserting in lieu thereof a new Paragraph 3 to read as follows:

"Paragraph 3. Consolidation, Merger, Division. The General Assembly may, by a local act, provide for the consolidation of two or more counties into a single county, or for the merger of two or more counties into an existing county, or for the division of an existing county and the merger of portions thereof into existing counties, and, in connection therewith, for the location of the county site. However, no such law may become effective without the con currence of a majority vote in referendums in each county affected in each of which referendums a majority of the qualified voters voted. The General Assembly may provide for the necessary imple mentation hereof, except that incumbent members of the General Assembly shall serve out the remainder of the terms to which they have been elected."

Senators Phillips of the 27th, Webb of the llth and Johnson of the 42nd move to amend HR 6-1 as follows:
By striking Article 7, Section 1, Paragraph 6 and inserting in lieu thereof a new Paragraph 6 to read as follows:
"Paragraph 6. County Officers, Elections, Terms and Com pensation.
"(a) The Clerk of the Superior Court, Ordinary, Sheriff, Tax Receiver, Tax Collector, Tax Commissioner, Treasurer, Coroner and Surveyor shall be elected by the electors of their county for terms of four years. Their qualifications, powers and duties, and the grounds and procedure for their removal, shall be as provided by general law.

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"(b) Subject to Article 2, Section 8, Paragraph 4, the General Assembly, by local act, may abolish any county office, except the office of Ordinary, and transfer the powers and duties thereof to another county office or otherwise make provision therefor.

"(c) County Officers shall be compensated on a fee basis, a salary basis or any combination thereof, as the General Assembly may provide. Any fee authorized to be paid as compensation to any county officer shall be prescribed in a general law which shall be applicable uniformly throughout the State. When the compensation of a county officer is prescribed in a local act, he shall not receive any fees, compensation or allowances under the provisions of any general law unless specifically authorized to do so in such local act. The General Assembly, by general law, may abolish the fee system of compensation of any county officer and in this event, no such officer shall receive any fees under the provisions of any
general or local law."

Senator Conway of the 41st moves to amend HE 6-1, Article 7, Section 1, Paragraph 8, Subparagraph 4, by inserting between the words "health" and programs" the words "and sanitation."

Senators Webb of the llth, Phillips of the 27th and Johnson of the 42nd move to amend HR 6-1 as follows:
By striking Article 7, Section 1, Paragraph 8 (a) (12) and insert ing in lieu thereof a new Subparagraph (a) (12) to read as follows:
"12. To the extent that governmental immunity from liability for injuries to persons or property does not apply to counties and to its activities, or is waived by the General Assembly, the pur chase of liability insurance to provide protection against such liability."

Senator Johnson of the 42nd moves to amend HR 6-1 as follows:
By striking Article 7, Section 1, Paragraph 8 (b) and inserting in lieu thereof a new Subparagraph (b) to read as follows:
"(b) Except under the authority of a general or local law, a county may not provide water, sewerage, garbage, electricity, gas or fire protection services. Such services shall be authorized only by an act of the General Assembly establishing, or authorizing the establishment of, a special district or districts therefor, and author izing such county to levy a tax only upon the taxable property in such district for the purpose of constructing and maintaining facilities therefor, conditioned upon the assent of a majority of the qualified voters of any such proposed district voting in an election for that purpose held as provided by law."
Senator Johnson of the 42nd moves to amend HR 6-1 as follows:
By striking Article 7, Section 1, Paragraph 8 (c) in its entirety.

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Senators Webb of the llth, Smalley of the 28th, Johnson of the 42nd and Phillips of the 27th move to amend HR 6-1 as follows:

By renumbering Article 7, Section 1, Paragraph 9 as Article 7, Section 1, Paragraph 10; and

By renumbering Article 7, Section 1, Paragraph 10 as Article 7, Section 1, Paragraph 11; and

By inserting a new Paragraph 9 to read as follows:
"Paragraph 9. Home Rule for Counties.
"(a) The governing authority of each county shall have legis lative power to adopt ordinances, resolutions or regulations relating to its property, affairs and local government for which no provision has been made by general law and which is not inconsistent with this Constitution, or any local law applicable thereto. Any such local law shall remain in force and effect until amended or repealed as provided in Subparagraph (b). This, however, shall not restrict the authority of the General Assembly by general law to further define this power or to broaden, limit or otherwise regulate the exercise thereof. The General Assembly shall not pass any local law to repeal, modify or supersede any action taken by a county governing authority under this Section except as authorized under Subparagraph (c) hereof.
"(b) Except as provided in Subparagraph (c), a county may, as an incident to its home rule power, amend or repeal the local acts applicable to its governing authority by following either of the procedures hereinafter set forth:

"1. Such local acts may be amended or repealed by a resolu tion or ordinance duly adopted at two regular consecutive meetings of the county governing authority not less than seven nor more than sixty days apart. A notice containing a synopsis of the pro posed amendment or repeal shall be published in the official county organ once a week for three weeks within a period of sixty days immediately preceding its final adoption. Such notice shall state that a copy of the proposed amendment or repeal is on file in the office of the clerk of the superior court of the county for the pur pose of examination and inspection by the public. No amendment or repeal hereunder shall be valid to change or repeal an amend ment adopted pursuant to a referendum as provided in 2. of this Subparagraph or to change or repeal a local act of the General Assembly ratified in a referendum by the electors of such county unless at least twelve months have elapsed after such referendum. No amendment hereunder shall be valid if inconsistent with any provision of this Constitution or if provision has been made there for by general law.
"2. Amendments to or repeals of such local acts or ordinances, resolutions or regulations adopted pursuant to Subparagraph (a)

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hereof may be initiated by a petition filed with the ordinary of the county containing the signatures of at least ten per centum of the electors of the county registered to vote in the last general election, which petition shall specifically set forth the exact lan guage of the proposed amendment or repeal, the ordinary shall determine the validity of such petition. In the event the ordinary determines that such petition is valid, it shall be his duty to issue the call for an election for the purpose of submitting such amend ment or repeal to the registered electors of the county for their approval or rejection. Such call shall be issued not less than ten nor more than thirty days after the date of the filing of the peti tion. He shall set the date of such election for a day not less than sixty nor more than ninety days after the date of such filing. The ordinary shall cause a notice of the date of said election to be published in the official organ of the county once a week for three weeks immediately preceding such date. Said notice shall also con tain a synopsis of the proposed amendment or repeal and shall state that a copy thereof is on file in the office of the ordinary of the county for the purpose of examination and inspection by the public. If more than one-half of the votes cast on such question are for approval of the amendment or repeal, it shall become of full force and effect otherwise it shall be void and of no force and effect. The expense of such election shall be borne by the county and it shall be the duty of the ordinary to hold and conduct such election. Such election shall be held under the same laws and rules and regulations as govern special elections, except as otherwise pro vided herein. It shall be the duty of the ordinary to canvass the returns and declare and certify the result of the election. It shall be his further duty to certify the result thereof to the Secretary of State. A referendum on any such amendment or repeal shall not be held more often than once each year. No amendment hereunder shall be valid if inconsistent with any provision of this Constitution or if provision has been made therefor by general law.

"(c) The power granted to counties in Subparagraphs (a) and (b) above shall not be construed to extend to the following matters or any other matters which the General Assembly by general law has preempted or may hereafter preempt, but such matters shall be the subject of general law, or the subject of local acts of the General Assembly to the extent that the enactment of such local acts is otherwise permitted under this Constitution.
"1. Action affecting any elective county office or the personnel thereof other than the county governing authority.
"2. Action affecting the composition, form, procedure for elec tion or appointment, compensation, and expenses and allowances in the nature of compensation, of the county governing authority.
"3. Action defining any criminal offense or providing for crimi nal punishment.
"4. Action adopting any form of taxation beyond that author ized by law on the effective date of this Constitution.

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"5. Action regulating any business or business activity incon sistent with any regulation thereof by any agency of the State.

"6. Action affecting the exercise of the power of eminent domain.

"7. Action affecting any court or the personnel thereof.

"8. Action affecting any public school system.

"(d) The power granted in Subparagraphs (a) and (b) of this Paragraph shall not include the power to take any action affecting the private or civil law governing private or civil relationships, except as is incident to the exercise of an independent govern mental power.

"(e) Nothing in this Paragraph shall affect the provisions of Paragraphs 10 and 11 of this Section."

Senator Broun of the 46th moves to amend HR 6-1 as follows:

By adding at the end of the second sentence of Article 7, Section 1, Paragraph 11, between the word "municipalities" and the word "The", the following words: "of this State and adjoining states", so that when so amended Paragraph 11 shall read as follows:

"Paragraph 11. County Planning and Zoning. The governing authority of each county is empowered to enact for unincorporated areas of the county appropriate planning and zoning ordinances for public safety, historic, health, business, residential, and recrea tional purposes. Such governing authority is hereby authorized to establish planning and zoning commissions in conjunction with any combination of other counties and municipalities of this State and adjoining states. The General Assembly is hereby authorized to provide by law for such joint planning and zoning commissions and provide the powers and duties thereof. Such governing author ity is hereby authorized to participate in the costs of such planning commission."

Senator Coggin of the 35th moves to amend HR 6-1 as follows:

By adding in the second sentence of Article 7, Section 1, Paragraph 11, after the word "commissions" the words "separately or".

Senators Webb of the llth, Smalley of the 28th, Johnson of the 42nd and Phillips of the 27th move to amend HR 6-1 as follows:

By striking Article 7, Section 2, Paragraph 1 in its entirety and inserting in lieu thereof a new Paragraph 1 to read as follows:

"Paragraph 1. Creation, Dissolution, Merger, Boundary Changes. No municipality shall be incorporated, dissolved, merged

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or consolidated with any other municipality and no municipal boundaries shall be changed except by local act of the General Assembly or by such methods as may be provided by general law."

Senators Webb of the llth, Smalley of the 28th, Johnson of the 42nd and Phillips of the 27th move to amend HR 6-1 as follows:
By striking Article 7, Section 2, Paragraph 2 in its entirety and inserting in lieu thereof a new Paragraph 2 to read as follows:
"Paragraph 2. Home Rule for Municipalities.
"(a) The governing authority of each municipality shall have legislative power to adopt ordinances, resolutions or regulations relating to its property, affairs and local government for which no provision has been made by general law and which are not incon sistent with this Constitution or any charter provision applicable thereto. Any such charter provision shall remain in force and ef fect until amended or repealed as provided in Subparagraph (b). This, however, shall not restrict the authority of the General As sembly by general law to further define this power or to broaden, limit or otherwise regulate the exercise thereof. The General As sembly shall not pass any local law to repeal, modify, or supersede any action taken by a municipal governing authority under this Section, except as authorized under Subparagraph (c) hereof.
"(b) Except as provided in Subparagraph (c), a municipality may, as an incident of its home rule power, amend its charter by following either of the procedures hereinafter set forth:
"1. Municipal charters may be amended by ordinances duly adopted at two regular consecutive meetings of the municipal gov erning authority not less than seven nor more than sixty days apart. A notice containing a synopsis of the proposed amendment shall be published in the official organ of the county of the legal situs of the municipality or in a newspaper of general circulation in the municipality once a week for three weeks within a period of sixty days immediately preceding its final adoption. Such notice shall state that a copy of the proposed amendment is on file in the office of the clerk or the recording officer of the municipal govern ing authority for the purpose of examination and inspection by the public. No amendment hereunder shall be valid to change or repeal an amendment adopted pursuant to a referendum as provided in 2. of this Subparagraph or to change or repeal a local act of the General Assembly ratified in a referendum by the electors of such municipality unless at least twelve months have elapsed after such referendums. No amendment hereunder shall be valid if inconsist ent with any provision of this Constitution or if provision has been made therefor by general law.
"2. Amendments to such charters or amendments to or repeals of such ordinances, resolutions or regulations adopted pursuant to Subparagraph (a) hereof may be initiated by a petition filed with

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the governing authority of the municipality containing the signa tures of at least ten per centum of the electors of the municipality registered to vote in the last general municipal election, which peti tion shall specifically set forth the exact language of the proposed amendment or repeal. The governing authority shall determine the validity of such petition. In the event the governing authority deter mines that such petition is valid, it shall be the duty of such author ity to issue the call for an election for the purpose of submitting such amendment or repeal to the registered electors of the munici pality for their approval or rejection. Such call shall be issued not less than ten nor more than thirty days after the date of the filing of the petition. The governing authority shall set the date of such election for a day not less than sixty nor more than ninety days after the date of such filing. The governing authority shall cause a notice of the date of said election to be published in the official organ of the county of the legal situs of the municipality or in a newspaper of general circulation in the municipality once a week for three weeks immediately preceding such date. Said notice shall also contain a synopsis of the proposed amendment or repeal and shall state that a copy thereof is on file in the office of the clerk or the recording officer of the municipal governing authority for the purpose of examination and inspection of the public. If more than one-half of the votes cast on such question are for approval of the amendment or repeal it shall become of full force and effect, otherwise it shall be void and of no force and effect. The expense of such election shall be borne by the municipality and it shall be the duty of the governing authority to hold and conduct such election. Such election shall be held under the same laws and rules and regulations as govern special elections of the municipality, except as otherwise provided herein. It shall be the duty of the governing authority to canvass the returns and declare and certify the result of the election. It shall be the further duty of the governing authority to certify the result thereof to the Secretary of State. A referendum on any such amendment or repeal shall not be held more often than once each year. No amend ment hereunder shall be valid if inconsistent with any provision of this Constitution or if provision has been made therefor by general law.
"(c) The power granted to municipalities in Subparagraphs (a) and (b) shall not be construed to extend to the following matters or any other matters which the General Assembly by general law has preempted or may hereafter preempt, but such matters shall be the subject of general law or the subject of local acts of the General Assembly to the extent that the enactment of such local acts is otherwise permitted under this Constitution.

"1. Action affecting the composition, form, procedure for elec tion or appointment, compensation, and expenses and allowances in the nature of compensation, of the municipal governing authority.

"2. Action defining any criminal offense or providing for criminal punishment other than to define ordinance violations for acts which are not also violations of the criminal laws of this State, and to prescribe penalties for such ordinance violations.

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"3. Action adopting any form of taxation beyond that author ized by law on the effective date of this Constitution.

"4. Action affecting the exercise of the power of eminent do main.

"5. Action regulating any business activity inconsistent with any regulation thereof by any agency of the State.

"6. Action affecting any court or the personnel thereof, ex cept any municipal court having jurisdiction only over municipal ordinances.

"7. Action changing charter provisions relating to the estab lishment and operations of an independent school system.

"(d) The power granted in Subparagraphs (a) and (b) of this Paragraph shall not include the power to take any action af fecting the private or civil law governing private or civil relation ships, except as is incident to the exercise of an independent gov ernmental power.

" (e) Nothing in this Paragraph shall affect the provisions of Paragraphs 3 and 4 of this Section."
(Includes amendment of Senator Carter of the 14th to the above amend ment.)

Senator Broun of the 46th moves to amend HR 6-1 as follows:
By adding at the end of the second sentence of Article 7, Section 2, Paragraph 4, between the word "counties" and the word "The", the following words: "of this State and adjoining states", so that when so amended Paragraph 4 shall read as follows:
"Paragraph 4. Municipal Planning and Zoning. The governing authority of each municipality is empowered to enact appropriate planning and zoning ordinances for public safety, historic, health, business, residential or recreational purposes. Such governing au thority is hereby authorized to establish planning and zoning com missions in conjunction with any combination of other municipali ties and counties of this State and adjoining states. The General Assembly is hereby authorized to provide by law for such joint planning and zoning commissions and provide the powers and duties thereof. Such governing authority is hereby authorized to partici pate in the costs of such planning commission."
Senator Coggin of the 35th moves to amend HR 6-1 as follows:
By adding in the second sentence of Article 7, Section 2, Paragraph 4, after the word "commissions" the words "separately or".

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Senators Webb of the llth, Johnson of the 42nd and Smalley of the 28th move to amend HR 6-1 as follows:

By adding to Article 7, Section 4 a new Paragraph to be known as Paragraph 3 to read as follows:

"Paragraph 3. Classification of Counties and Cities. Any act of the General Assembly enacted after the effective date of this Constitution applying only to certain units of local government according to a classification based on population shall be considered a local act, but the General Assembly may establish systems which classify all counties or all municipalities, or all other units of local government of the same nature, on the basis of population, or any other reasonable basis related to the classification and enact gen eral laws having application to any one or more of such classifi cation."

Senator Johnson of the 42nd moves to amend HR 6-1 as follows:
By adding to Article 7, Section 4, a new Paragraph 4 to read as follows:
"Paragraph 4. Local Initiative, Referendum, Recall Author ized. The General Assembly may authorize counties, or municipali ties, or both, in the exercise of their home rule powers, to employ the initiative or referendum."
(Also as amended by Senator Webb of the llth)
Senator Johnson of the 42nd moves to amend HR 6-1 as follows:
By striking Article 8, Section 1 in its entirety and inserting in lieu thereof a new Section 1 to read as follows:
"SECTION 1
"ELECTIONS
"Paragraph 1. Elector Qualifications. Every citizen of this State, eighteen years of age or more, qualified as provided by law, shall be an elector and entitled to vote in any election by the peo ple, but the General Assembly shall by law provide for minimum periods of residence, reasonable requirements of character, literacy and education, and disqualifications for mental incompetency or conviction of a crime involving moral turpitude.
"Paragraph 2. Election Laws. The General Assembly shall by law provide for the registration of all electors, insure secrecy in voting, define residency for voting purposes, provide for the manner and place of voting, and provide for the administration of elec tions.

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"Paragraph 3. Privilege of Electors from Arrest. Electors shall, except for treason, felony, larceny, and breach of the peace be privileged from arrest during their attendance on elections, and in going to and returning therefrom.

"Paragraph 4. General Election. A general election shall be held every two years during even-numbered years. Until changed by law, such election shall be held on Tuesday after the first Mon day in November."

Senator Webb of the llth moves to amend HR 6-1 as follows:

By striking Article 10 in its entirety and inserting in lieu thereof a new Article 10 to read as follows:

ARTICLE 10 MISCELLANEOUS PROVISIONS

SECTION 1 MISCELLANEOUS PROVISIONS

Paragraph 1. Continuation of Existing Laws. Except as other wise specifically provided herein, the officers of the State and all political subdivisions thereof, now existing, shall continue in the exercise of their several functions, and shall serve out the re mainder of their unexpired terms and until their successors are duly elected or appointed and qualified; and all general, special and local laws now in force shall continue to operate, so far as con sistent with this Constitution, until modified or repealed, or until they expire by their own terms.

Paragraph 2. Continuation of Previous Constitutional Amend ments. If constitutional at the time they become effective, amend ments to the Constitution of 1877 which were continued in force by Article VII, Section X of the Constitution of 1945, amendments to the Constitution of 1945 which required a vote of the people of the political subdivision or subdivisions directly affected in order to be ratified, and amendments to the Constitution of 1945 using population as a basis for classification, are hereby continued in force and effect as local statutory law, and are hereby declared to be legal, valid and constitutional under this Constitution, and the rights, authority and privileges granted under said amendments are hereby confirmed and approved and may be exercised as therein provided, unless expressly amended or repealed as hereinafter pro vided. If constitutional at the time they become effective, laws which were enacted pursuant to specific authorization contained in any of the aforesaid amendments are likewise continued in force and effect as such laws existed at the time of the effective date of this Constitution, and are hereby declared to be constitutional under this Constitution.

If no contractual or other vested rights are adversely affected,

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any of the aforesaid amendments which are continued as statutory law may be amended or repealed by the General Assembly by local act in the same manner as other statutes, but no such amending or repealing act shall become effective unless ratified in a referendum by the people of the political subdivision or subdivisions directly affected. Any such amendment may not be amended or repealed by general law unless such law specifically provides for such amend ment or repeal, in which event such general law shall not be con strued to be other than a general law because of such specification and in no event shall contractual or other vested rights be ad versely affected thereby.

Paragraph 3. Ratification of Certain Statutes. If not in con flict with the provisions of this Constitution, all statutes enacted after the time of the ratification of this Constitution and before the time of the effective date of this Constitution, which have the same or a later effective date as this Constitution, are hereby de clared to be constitutional under this Constitution.

Paragraph 4. Special Provisions With Respect to Ports Au thorities. The creation of the Brunswick Ports Authority, the Sa vannah District Authority (formerly named Savannah Port Au thority) and the Georgia Ports Authority and the grant of powers thereto by the General Assembly of Georgia, pursuant to statutes enacted prior to the effective date hereof, is hereby ratified and the constitutionality of such creation and the grant of said powers and the exercise thereof is hereby confirmed until changed by law. In order that ports authorities may be named in uniformity and recognized as such, the name of the Savannah District Authority is hereby changed to Savannah Port Authority, and all grants of powers given it in its name of Savannah District Authority are hereby confirmed.

Paragraph 5. Effective Date. This constitution shall become effective on April 1, 1965.

Senator Broun of the 46th moves to amend HR 6-1 as amended by the Com mittee of the whole Senate as follows:
By striking from Article 4, Section 7, Paragraph 1, the words "State School Superintendent."

Senator Broun of the 46th moves to amend HR 6-1 as amended by the Com mittee of the whole Senate as follows:
By striking from Article 4, Section 1, Paragraph 1, the words "State School Superintendent."
Senator Broun of the 46th moves to amend HR 6-1 as amended by the Com mittee of the whole Senate as follows:

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By striking from Article 4, Section 5, Paragraph 1, the words "State School Superintendent."

The Committee of the whole Senate moves to amend HR 6-1 as follows:
By renumbering all Articles, Section, Paragraphs and Subparagraphs according to the amendments adopted to said HR 6-1.

The Committee of the whole Senate moves to amend HR 6-1 as follows: By striking Article 6, Section 10, Paragraph 2 in its entirety.

The Committee of the whole Senate moves to amend HR 6-1 as follows: By striking Article 4, Section 1, Paragraph 4 in its entirety.

The Committee of the whole Senate moves to amend HR 6-1 as follows: By striking Article 5, Section 1, Paragraph 3 (a) (11) in its entirety.

The Committee of the whole Senate moves to amend HR 6-1 as follows:
By striking Article 8, Section 2 and 3 in their entirety.
Senator Holloway of the 12th moves to amend HR 6-1 as follows:
By inserting in Article 3, Section 7, a new Paragraph 2 to read as follows:
"Paragraph 2. Elections, When to be Held. The successors to the present and subsequent incumbents shall be elected by the elec tors of their circuits entitled to vote for members of the General Assembly, at the general election held for such members, next pre ceding the expiration of their respective terms."
Senator Johnson of the 42nd offered the following amendment:
Amend HR 6 by striking Article 1, Section 4 in its entirety.
The Committee of the Whole Senate moves to amend HR 6-1 as follows:
By striking Article 3, Section 10, Paragraph 2 in its entirety.

1004

JOURNAL OP THE HOUSE,

Mr. Bolton of Spalding moved that the House agree to the following Senate amendments to HR 6-1:

Senate amendments nos. 3, 5, 8, 9, 10, 11, 17, 28, 31, 34, 36, 37, 40, 41, 42, 43, 57, 60, 75, 81, 82, 84, 91, 96, 99, 116, 121, 122, 125, and 126.

On the motion to agree, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Alien Andrews Arnsdorff Bagby Ballard Barber Baughman Bedgood Black Blair Blalock, E. Bolton Bowen, A. Bowen, R. L. Bowen, R. W. Brackin Branch Brooks, Wilson Brown Busbee Bynum Byrd Caldwell Carr Chandler Clark, J. T. Clarke, H. G. Coker, G., Dr. Coker, R. Conger Conner Cullens Dean, N. Deen, H. D. Dennard Dixon Dorminy Duncan, A. C. Echols

Flournoy Plynt Fowler, J. W. Fulford Funk Gibbons Greene Griffin Groover Hale Hall Harrington Harris Henderson Hill House Hurst Johnson, A. S., Dr. Johnson, B. Jones, C. M. Jones, F. C. Jones, M. Jordan, J. E. Jordan, W. H. Keadle Keyton Kirkland Knight, W. D. Laite Lambert Lee, G. B. Lee, W. J. (Bill) Lee, Wm. S. Lewis Logan Lokey Lowrey Mackay Matthews, C. Matthews, D. R.

McClelland McCracken Meeks Milford Milhollin Mitchell Mixon Moore Morgan, H. Morgan, J. H. Murphy Nessmith Newton, A. S. Newton, D. L. Pafford Paris Parker Partridge Perry Peterson Phillips Pickard Ponsell Poole Pope Rainey Raulerson Richardson Roberts Rogers, Jimmie Rowland Russell Sewell Simmons Sinclair Singer Smith, A. C., Jr. Smith, E. B., Jr. Smith, R. R. Smith, V. T.

Snow Spikes Stalnaker Steis Story Strickland Tabb Todd Tucker, J. B. Tucker, Ray M.

THURSDAY, JUNE 18, 1964
Twitty, F. S. Underwood, J. C. Underwood, R. R. Vaughn Walker Ware Warren Watson Watts Wells, D. W.

1005
Wells, H. H. White Wiggins Wilkes Williams, G. J. Williams, W. M. Wilson, Hoke Hudgins

Those not voting were Messrs. :

Acree Anderson Beck Bell Blalock, D. B. Bowen, R. P. Brantley Brooks, Geo. B. Causby Da vis DeVane Dicus Duncan, J. E. Etheridge Fleming Floyd Fowler, A. R., Jr. Harrell Herndon

Horton Houston Hull Isenberg Jones, D. C. Kelly Killian Knight, D. W. Lane Leonard Lindsey McDonald McKemie Melton Moate Mullis Odom Overby Payton

Poss Reaves Rhodes Rodgers, H. B. Roper Rutland Scarborough Shea Shuman Simpson Smith, Chas. C. Smith, G. L. II Stuckey Teague Towson Tucker, M. K. Wilson, J. M. Woodward Smith, G. T.

On the motion to agree, the ayes were 148, nays 0.

The House has agreed to the following Senate amendments to HR 6-1:

Senate amendments nos. 3, 5, 8, 9, 10, 11, 17, 28, 31, 34, 36, 37, 40, 41, 42, 43, 57, 60, 75, 81, 82, 84, 91, 96, 99, 116, 121, 122, 125, and 126.

On the adoption of Senate amendment no. 28, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Alien

Arnsdorff Bagby

Ballard Barber

1006
Baughman Bedgood Black Blair Blalock, D. B. Bolton Bowen, A. Bowen, R. L. Bowen, R. W. Brooks, Wilson Busbee Bynum Byrd Carr Chandler Clark, J. T. Clarke, H. G. Coker, G., Dr. Coker, R. Conger Conner Cullens Dean, N. Deen, H. D. DeVane Dixon Dorminy Duncan, A. C. Flournoy Floyd Flynt Fowler Fulford Funk Gibbons Greene Griffin Groover Hale Hall Harrington Harris Henderson Hill House Hurst

JOURNAL OF THE HOUSE,

Johnson, A. S., Jr. Johnson, B. Jones, C. M. Jones, F. C. Jones, M. Jordan, J. E. Jordan, W. H. Keadle Keyton Kirkland Knight, W. D. Laite Lambert Lee, G. B. Lee, W. J. (Bill) Lee, Wm. S. Lewis Lokey Lowrey Mackay Matthews, C. Matthews, D. R. McClelland McCracken McKemie Milford Milhollin Mixon Moore Morgan, H. Morgan, J. H. Murphy Nessmith Newton, A. S. Newton, D. L. Overby Pafford Paris Parker Partridge Perry Peterson Phillips Pickard Ponsell Poole

Pope Raulerson Rhodes Richardson Roberts Rogers, Jimmie
Roper Rowland Sewell Simmons Sinclair Singer Smith, A. C., Jr. Smith, E. B., Jr. Smith, G. L. II Smith, R. R. Smith, V. T. Snow Spikes Stalnaker Steis Story Strickland Tabb Todd Tucfeer Tucker, J. B. Tucker, M. K. Twitty Underwood, J. C. Underwood, R. R. Vaughn Walker Ware Warren Watson Watts Wells, D. W. Wells, H. H. Wilkes, Williams, G. J. Williams, W. M. Wilson, Hoke Woodward Hudgins

Voting in the negative was Mr. Caldwell.

Those not voting were Messrs.:

Acree Anderson Andrews

Beck Bell Blalock, E.

Bowen, R. P. Brackin Branch

THURSDAY, JUNE 18, 1964

Brantley Brooks, Geo. B. Brown Causby Davis Dennard Dicus Duncan, J. E. Echols Etheridge Fleming Fowler, A. A., Jr. Harrell Herndon Horton Houston Hull Isenberg

Jones, D. C. Kelly Killian Knight, D. W. Lane Leonard Lindsey Logan McDonald Meeks Melton Mitchell Moate Mullis Odom Payton Poss Rainey

1007
Reaves Rodgers, H. B. Russell Rutland Scarborough Shea Shuman Simpson Smith, Chas. C. Stuckey Teague Towson Tucker, Ray M. White Wiggins Wilson, J. M. Smith, G. T.

On the adoption of Senate amendment no. 28 the ayes were 142, nays 1.

Senate amendment no. 28 was agreed to.

On the adoption of Senate amendment no. 49, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Arnsdorff Blair Blalock, D. B. Bolton Bowen, A. Brooks, Wilson Busbee Byrd Cullens Flournoy Flynt Fowler, A. A. Jr.

Fowler, J. W. Groover Jones, F. C. Keyton Lee, G. B. Lee, W. J. (Bill) McCracken McKemie Moate Newton Paris Phillips

Raulerson Rogers, Jimmie Smith, R. R. Steis Strickland Tabb Twitty Vaughn Wells, H. H. Wilkes Wilson, Hoke

Those voting in the negative were Messrs.:

Abney Acree Alien Anderson Bagby

Ballard Barber Baughman Bedgood Black

Brackin Branch Brown Bynum Causby

1008
Chandler Clark, J. T. Clarke, H. G. Coker, R. Conger Conner Been, H. D. DeVane Dixon Dorminy Duncan, A. C. Etheridge Pulford Funk Gibbons Greene Griffin Hale Hall Harrington Harris Henderson Hill House Houston Hurst Johnson, A. S. Dr. Johnson, B. Jones, M.

JOURNAL OF THE HOUSE,
Jordan, J. E. Keadle Killian Kirkland Knight, W. D. Laite Lambert Lane Lee, Wm. S. Leonard Lewis Lowrey Mackay Matthews, C. Milford Milhollin Mitchell Mixon Morgan, H. Morgan, J. H. Murphy Nessmith Newton, D. L. Overby Pafford Parker Partridge Perry Peterson

Pickard Ponsell Poole Pope Poss Rhodes Richardson Roberts Roper Rowland Sewell Simmons Sinclair Singer Smith, A. C., Jr. Smith, V. T. Snow Stalnaker Story Towson Tucker, J. B. Tucker, M. K. Tucker, Ray M. Underwood, R. R. Walker Warren Wells, D. W. Williams, G. J. Woodward

Those not voting were Messrs. :

Andrews Beck Bell Blalock, E. Bowen, R. L. Bowen, R. W. Bowen, R. P. Brantley Brooks, Geo. B. Caldwell Carr Coker, G., Dr. Davis Dean, N. Dennard Dicus Duncan, J. E. Echols Fleming Floyd Harrell Herndon Horton

Hull Isenberg Jones, C. M. Jones, D. C. Jordan, W. H. Kelly Knight, D. W. Lindsey Logan Lokey Matthews, D. R. McClelland McDonald Meeks Melton Moore Mullis Odom Payton Rainey Reaves Rodgers, H. B. Russell

Rutland Scarborough Shea Shuman Simpson Smith, Chas. C. Smith, E. B., Jr. Smith, G. L. II Spikes Stuckey Teague Todd Underwood, J. C. Ware Watson Watts White Wiggins Williams, W. M. Wilson, J. M. Hudgins Smith, G. T.

THURSDAY, JUNE 18, 1964

1009

On the adoption of Senate amendment no. 49, the ayes were 35, nays 102.

The House has disagreed to Senate amendment no. 49.

On the adoption of Senate amendment no. 78, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Black Blair Blalock, D. B. Bolton Brackin Byrd Caldwell Carr Coker, R. Cullens Plournoy Flynt Fowler, A. A. Jr. Fowler, J. W. Fulford Groover

Hale Harris Henderson Johnson, A. S. Dr. Jones, F. C. Jordan, W. H. Lambert Lee, W. J. (Bill) Lokey Lowrey Mackay McClelland Moate Overby Peterson

Phillips Rogers, Jimmie Rowland Sinclair Spikes Steis Strickland Tabb Tucker, J. B. Twitty Underwood, J. C. Vaughn Ware White Wilkes

Those voting in the negative were Messrs.:

Abney Acree Alien Anderson Andrews Arnsdorff Bagby Ballard Barber Baughman Bedgood Bowen, R. W. Branch Brooks, Wilson Bynum Causby Clark, J. T. Clarke, H. G. Coker, G., Dr. Conger Conner

Deen, H. D. DeVane Dorminy Gibbons Greene Griffin Horton House Houston Hull Hurst Johnson, B. Jones, C. M. Jones, M. Jordan, J. E. Keadle Keyton Killian Kirkland Knight, W. D. Lane

Lee, G. B. Lee, Wm. S. Leonard Lewis Matthews, C. Matthews, D. R. McCracken McKemie Milford Milhollin Mitchell Mixon Morgan, H. Murphy Nessmith Newton, A. S. Newton, D. L. Pafford Paris Parker Partridge

1010
Perry Pickard Ponsell Poole Pope Poss Raulerson Rhodes Richardson Roberts Roper

JOURNAL OF THE HOUSE,

Sewell Shea Simmons Smith, A. C., Jr. Smith, R. R. Smith, V. T. Snow Story Todd Tucker, M. K. Tucker, Ray M.

Underwood, R. R. Walker Watson Wells, D. W. Wiggins Wilson, Hoke Wilson, J. M. Woodward Hudgins

Those not voting were Messrs.:

Beck Bell Blalock, E. Bowen, A. Bowen, R. L. Bowen, R. P. Brantley Brooks, Geo. B. Brown Busbee Chandler Da vis Dean, N. Dennard Dicus Dixon Duncan, A. C. Duncan, J. E. Echols Etheridge Fleming Floyd

Funk Hall Harrell Harrington Herndon Hill Isenberg Jones, D. C. Kelly Knight, D. W. Laite Lindsey Logan McDonald Meeks Melton Moore Morgan, J. H. Mullis Odom Payton Rainey

Reaves Rodgers, H. B. Russell Rutland Scarborough Shuman Simpson Singer Smith, Chas. C. Smith, E. B., Jr. Smith, G. L. II Stalnaker Stuckey Teague Towson Warren Watts Wells, H. H. Williams, G. J. Williams, W. M. Smith, G. T.

On the adoption of the Senate amendment, the ayes were 46, nays 94.

The House has disagreed to Senate amendment no. 78.

On the adoption of Senate amendment no. 82, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Alien

Anderson Arnsdorff

Bagby Ballard

THURSDAY, JUNE 18, 1964

Baughman Bedgood Black Blair Blalock, D. B. Blalock, B. Bolton Bowen, A. Bowen, R. W. Brackin Branch Brooks, Wilson Brown Busbee Bynum Byrd Caldwell Carr Clark, J. T. Clarke, H. G. Coker, G., Dr. Coker, R. Conger Conner Cullens Dean, N. Deen, H. D. DeVane Dorminy Duncan, A. C. Duncan, J. E. Echols Flournoy Flynt Fowler, A. A. Jr. Fowler, J. W. Fulford Gibbons Greene Griffin Groover Hale Harrington Harris Henderson Horton House Houston

Hurst Isenberg Johnson, A. S. Dr. Jones, C. M. Jones, M. Jordan, J. E. Jordan, W. H. Keadle Kelly Keyton Killian Knight, W. D. Laite Lambert Lane Lee, G. B. Lee, W. J. (Bill) Lee, Wm. S. Leonard Lewis Lokey Lowrey Mackay Matthews, C. Matthews, D. R. McClelland McCracken McKemie Milford Mixon Moate Morgan, H. Morgan, J. H. Murphy Nessmith Newton, A. S. Newton, D. L. Overby Pafford Paris Parker Partridge Perry Peterson Phillips Pickard Ponsell Poole

1011
Pope Poss Raulerson Rhodes Richardson Roberts Rogers, Jimmie Roper Rowland Sewell Shea Simmons Sinclair Singer Smith, A. C., Jr. Smith, E. B., Jr. Smith, R. R. Smith, V. T. Snow Spikes Stalnaker Steis Story Strickland Tabb Teague Todd Tucker, J. B. Tucker, M. K. Tucker, Ray M. Twitty Underwood, J. C. Vaughn Walker Ware Warren Watts Wells, D. W. Wells, H. H. White Wiggins Wilkes Williams, G. J. Williams, W. M. Wilson, J. M. Woodward Hudgins

Those not voting were Messrs.:

Acree Andrews Barber

Beck Bell Bowen, R. L.

Bowen, R. P. Brantley Brooks, Geo. B.

1012
Causby Chandler Davis Dennard Dicus Dixon Etheridge Fleming Floyd Funk Hall Harrell Herndon Hill Hull Johnson, B.

JOURNAL OF THE HOUSE,

Jones, D. C. Jones, F. C. Kirkland Knight, D. W. Lindsey Logan McDonald Meeks Melton Milhollin Mitchell Moore Mullis Odom Pay ton Rainey

Reaves Rodgers, H. B. Russell Rutland Scarborough Shuman Simpson Smith, Chas. C. Smith, G. L. II Stuckey Towson Underwood, R. R. Watson Wilson, Hoke Smith, G. T.

On the adoption of the Senate amendment, the ayes were 149, nays 0.

The House has agreed to the Senate amendment no. 82.

On the adoption of Senate amendment no. 85, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Anderson Andrews Arnsdorff Bagby Barber Baughman Black Blair Blalock, D. B. Bolton Bowen, A. Bowen, R. L. Brooks, Wilson Brown Busbee Byrd Caldwell Carr Chandler Clarke, H. G. Coker, G., Dr. Coker, R. Conger

Cullens Dean, N. Deen, H. D. Dennard DeVane Duncan, A. C. Echols Flournoy Flynt Fowler, A. A. Jr. Fowler, J. W. Fulford Funk Gibbons Greene Groover Hale Harrell Harris Henderson Hill House Houston

Hull Hurst Johnson, A. S. Dr. Jones, C. M. Jones, F. C. Jordan, W. H. Keadle Keyton Killian Kirkland Knight, W. D. Laite Lambert Lee, G. B. Lee, W. J. (Bill) Lee, Wm. S. Logan Lokey Lowrey Matthews, D. R. McClelland McCracken McKemie

Meeks Mixon Moate Morgan, H. Murphy Nessmith Newton, A. S. Newton, D. L. Overby Pafford Paris Parker Partridge Perry Peterson Phillips Ponsell Pope

THURSDAY, JUNE 18, 1964
Poss Raulerson Richardson Rogers, Jimmie Rowland Shea Simmons Simpson Sinclair Smith, A. C., Jr. Smith, V. T. Spikes Stalnaker Steis Story Strickland Tabb Teague

1013
Todd Tucker, J. B. Tucker, M. K. Tucker, Ray M. Twitty Underwood, J. C. Vaughn Walker Ware Watson Watts Wells, D. W. Wells, H. H. Wiggins Wilkes Williams, W. M. Wilson, Hoke

Those voting in the negative were Messrs.

Abney Acree Alien Bedgood Bowen, R. W. Branch Bynum Causby Clark, J. T. Dixon Griffin Horton

Johnson, B. Jones, M. Kelly Lane Leonard Lewis Mackay Matthews, C. Milford Milhollin Moore

Those not voting were Messrs.:

Ballard Beck Bell Blalock, E. Bowen, R. P. Brackin Brantley Brooks, Geo. B. Conner Davis Dicus Dorminy Duncan, J. E. Etheridge Fleming Floyd Hall

Harrington Herndon Isenberg Jones, D. C. Jordan, J. E. Knight, D. W. Lindsey McDonald Melton Mitchell Mullis Odom Payton Poole Rainey Reaves

Morgan, J. H. Pickard Rhodes Sewell Smith, R. R. Snow Warren White Williams, G. J. Wilson, J. M. Woodward
Roberts Rodgers, H. B. Roper Russell Rutland Scarborough Shuman Singer Smith, Chas. C. Smith, E. B., Jr. Smith, G. L. II Stuckey Towson Underwood, R. R. Hudgins Smith, G. T.

1014

JOURNAL OF THE HOUSE,

On the motion to agree, the ayes were 122, nays 34.

The amendment, having failed to receive the requisite constitutional twothirds majority was disagreed to.

Senate amendment no. 85 was disagreed to.

On the adoption of Senate amendment no. 95, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Andrews

Jones, F. C.

Bagby

Jordan, W. H.

Black

Knight, W. D.

Blair

Lambert

Blalock, D. B.

Lee, G. B.

Bolton

Leonard

Brown

Lowrey

Byrd

McKemie

Clarke, H. G.

Mixon

Coker, G., Dr.

Moate

Cullens

Morgan, H.

Duncan, A. C.

Nessmith

Flournoy

Overby

Fowler, J. W.

Pafford

Hale

Paris

Henderson

Peterson

Hill

Poole

Horton

Rogers, Jimmie

Johnson, A. S. Dr.

Singer Smith, Chas. C. Smith, V. T. Spikes Steis Story Tabb Teague Tucker, J. B. Twitty Underwood, J. C. Vaughn Ware Warren Wiggins Wilkes Williams, W. M. Woodward

Those voting in the negative were Messrs.:

Abney Acree Alien Andersen Arnsdorff Ballard Barber Baughman Bedgood Bell Bowen, A. Branch Brooks, Wilson Busbee Bynum Caldwell Carr

Causby Chandler Clark, J. T. Dean, N. Deen, H. D. Dennard DeVane Dixon Echols Fleming Flynt Fowler, A. A. Jr. Fulford Funk Gibbons Greene Griffin

Groover Harrell Harris House Houston Hull Hurst Johnson, B. Jones, M. Jordan, J. E. Keadle Kelly Keyton Killian Kirkland Laite Lane

Lee, Wm. S. Lewis Lokey Mackay Matthews, C. Matthews, D. R. McClelland McCracken Meeks Milford Moore Newton, A. S. Parker

THURSDAY, JUNE 18, 1964
Partridge Perry Phillips Pickard Ponsell Pope Poss Richardson Roper Rowland Sewell Shea Simmons

1015
Sinclair Smith, R. R. Snow Strickland Todd Tucker, M. K. Tucker, Ray M. Walker Watson White Williams, G. J. Wilson, Hoke Wilson, J. M.

Those not voting were Messrs.:

Beck Blalock, E. Bowen, R. L. Bowen, R. W. Bowen, R. P. Brackin Brantley Brooks, Geo. B. Coker, R. Conger Conner Davis Dicus Dorminy Duncan, J. E. Etheridge Floyd Hall Harrington Herndon

Isenberg Jones, C. M. Jones, D. C. Knight, D. W. Lee, W. J. (Bill) Lindsey Logan McDonald Melton Milhollin Mitchell Morgan, J. H. Mullis Murphy Newton, D. L. Odom Payton Rainey Raulerson Reaves

Rhodes Roberts Rodgers, H. B. Russell Rutland Scarborough Shuman Simp son Smith, A. C., Jr. Smith, E. B., Jr. Smith, G. L. II Stalnaker Stuckey Towson Underwood, R. R. Watts Wells, D. W. Wells, H. H. Hudgins Smith, G. T.

On the adoption of the Senate amendment, the ayes were 50, nays 90.

The House has disagreed to the Senate amendment no. 95.

Mr. Bolton of Spalding moved that the House disagree to the remaining Senate amendments and the motion prevailed.

The House has disagreed to the following Senate amendments to HR 6-1:

Senate amendments nos. 1, 2, 4, 6, 7, 12, 13, 14, 15, 16, 18, 19, 20, 21, 22, 23, 24,

1016

JOURNAL OF THE HOUSE,

25, 26, 27, 29, 30, 32, 33, 35, 38, 39, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55,



56, 58, 59, 61, 62, 63, 64, 65, 66, 67, 68, 69, 70, 71, 72, 73, 74, 76, 77, 77A,

'

78, 79, 80, 83, 85, 86, 87, 88, 89, 90, 92, 93, 94, 95, 97, 98, 100, 101, 102, 103, 104,

!

105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 117, 118, 119, 120, 123, 124,

127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140.

Mr. Groover of Bibb arose on a point of personal privilege and addressed the House.

The Speaker announced the House recessed until 2:00 p.m. AFTERNOON SESSION
The Speaker called the House to order at 2:00 p.m.

Mr. Funk of Chatham arose on a point of personal privilege and addressed the House.

Mr. Smith of Enianuel arose on a point of personal privilege and addressed the House.

Mr. Walker of Lowndes arose on a point of personal privilege and addressed the House.

Mr. Raulerson of Echols arose on a point of personal privilege and addressed the House.

The following resolutions of the House were taken up for the purpose of considering the Senate amendments thereto:

HR 57-65 By Mr. Parker of Screven:
A resolution proposing an amendment to the Constitution so as to repeal a proposed amendment to the Constitution relating to the election of the members of the Board of Education of Screven County by the people, and for other purposes.

The following Senate amendment was read:

THURSDAY, JUNE 18, 1964

1017

Oliver of the 4th moves to amend HR 57-65, as follows:

By striking from Section 2 the following; "District No. 5, which shall be composed of Georgia Militia District No. 1653;" and substitut ing in lieu thereof the following: "District No. 5, which shall be com posed of Georgia Militia District Nos. 35 and 1653;".

Mr. Parker of Screven moved that the House agree to the Senate amendment.

On the motion to agree, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Abney Acree Alien Anderson Andrews Arnsdorff Ballard Barber Baughman Bedgood Black Blair Blalock, D. B. Bolton Bowen, A. Bowen, R. W. Brackin Branch Brantley Brooks, Geo. B. Brown Busbee Bynum Byrd Caldwell Carr Chandler Clark, J. T. Clarke, H. G. Coker, G., Dr. Coker, R. Conner Davis Dean, N. Deen, H. D. DeVane Dorminy

Duncan, A. C. Duncan, J. E. Echols Etheridge Flournoy Floyd Plynt Fowler, A. A. Jr. Fowler, J. W. Fulford Funk Gibbons Greene Groover Hale Harrington Harris Henderson Hill House Houston Isenberg Johnson, A. S. Dr. Johnson, B. Jones, F. C. Jordan, J. E. Jordan, W. H. Keadle Kelly Killian Kirkland Knight, D. W. Knight, W. D. Laite Lee, G. B. Lee, W. J. (Bill) Lee, Wm. S.

Leonard Lewis Logan Lokey Lowrey Mackay Matthews, C. Matthews, D. R. McClelland McCracken McKemie Meeks Melton Milford Milhollin Mixon Moore Morgan, H. Morgan, J. H. Murphy Nessmith Newton, A. S. Newton, D. L. Odom Overby Pafford Paris Parker Partridge Perry Peterson Phillips Ponsell Poole Pope Poss Raulerson

1018
Rhodes Richardson Roberts Rodgers, H. B. Rogers, Jimmie Roper Rowland Russell Sewell Shea Shuman Simpson Sinclair Singer Smith, A. C., Jr. Smith, Chas. C.

JOURNAL OF THE HOUSE,

Smith, E. B., Jr. Smith, G. L. II Smith, V. T. Snow Spikes Stalnaker Steis Story Strickland Tabb Todd Towson Tucker, J. B. Tucker, Ray M. Twitty Underwood, J. C.

Underwood, R. R. Vaughn Walker Ware Warren Watts Wells, D. W. Wells, H. H. White Wiggins Wilkes Williams, G. J. Wilson, J. M. Woodward Hudgins

Those not voting were Messrs.:

Bagby Beck Bell Blalock, E. Bowen, R. L. Bowen, R. P. Brooks, Wilson Causby Conger Cullens Dennard Dicus Dixon Fleming Griffin Hall

Harrell Herndon Horton Hull Hurst Jones, C. M. Jones, D. C. Jones, M. Keyton Lambert Lane Lindsey McDonald Mitchell Moate Mullis

Payton Pickard Rainey Reaves Rutland Scarborough Simmons Smith, R. R. Stuckey Teague Tucker, M. K. Watson Williams, W. M. Wilson, Hoke Smith, G. T.

On the motion to agree, the ayes were 158, nays 0.

The Senate amendment to HR 57-65 was agreed to.

HR 50-59. By Messrs. Harrington and Chandler of Baldwin:
A resolution proposing an amendment to the Constitution so as to create the City of Milledgeville-Baldwin County Recreation Authority, and for other purposes.

The following Senate amendment was read:

Kidd of 2501 moves to amend HR 50 as follows:

THURSDAY, JUNE 18, 1964

1019

By striking quoted paragraph A of Section 1 which consists of two written paragraphs in its entirety and inserting in lieu thereof a new paragraph A to consist of two written paragraphs and to read as follows:

"A. City of Milledgeville-Baldwin County Recreation Authority. There is hereby created a body corporate and politic to be known as the City of Milledgeville-Baldwin County Recreation Authority,
which shall be deemed to be a political subdivision of the State of Georgia and a public corporation by that name, style and title and said body may contract and be contracted with, sue and be sued, implead and be impleaded, complain and defend in all courts of law and equity, except that the Authority or the trustee acting under the trust indenture shall in no event be liable for any torts committed
by any of their officers, agents and employees. The Authority shall consist of six (6) members, three (3) of which shall be appointed by the governing authority of the City of Milledgeville and the re maining three (3) members shall be appointed by the governing authority of Baldwin County. The three (3) members appointed initially by the governing authority of the City of Milledgeville shall be appointed for terms of one (1) year, two (2) years and three (3) years, respectively, beginning January 1, 1965. Upon ex piration of each of said terms, the governing authority of the City of Milledgeville shall make subsequent appointments for three-year terms. If a vacancy occurs during any term, the governing authority of the City of Milledgeville shall fill the vacancy for the unexpired portion of such term. The remaining three (3) members appointed initially by the governing authority of Baldwin County shall be ap
pointed for terms of one (1) year, two (2) years and three (3) years, respectively, beginning on January 1, 1965. Upon expiration of each of said terms, the governing authority of Baldwin County shall make subsequent appointments for three-year terms. If a a vacancy occurs during any term, the governing authority of Baldwin County shall fill the vacancy for the unexpired portion of such term. The appointments to the Authority herein required to be made by the governing authority of the City of Milledgeville and the governing authority of Baldwin County may be made at any special or regular meeting of said authorities, and the initial appointments herein required shall be made on or before December 15, 1964. All members, duly appointed, shall hold office until their successors shall be appointed and duly qualified. No person may serve as a member of the Authority and at the same time serve as a member of the governing authority of the City of Milledgeville including the mayor or the governing authority of Baldwin County. On January 2, 1965, the members of the Authority shall enter upon their duties, hold an organizational meeting and determine the date on which their annual meeting will be held which date may be changed in such manner as may be provided by the Authority.

"The Authority shall elect one of its members as chairman and another member as vice-chairman, both of whom shall be elected for a term of one (1) year, the first chairman and vice-chairman to serve from the organizational meeting of the Authority in 1965 until the annual meeting in 1966, or until their successors are elect ed and qualified. Subsequent chairman and vice-chairmen shall be

1020

JOURNAL OF THE HOUSE,

elected at the annual meeting of the Authority for a term of one (1) year. It shall also elect a secretary and treasurer who does not neces sarily have to be a member of the Authority, and, if not a member, he or she shall have no voting rights and shall be elected to serve for such term as may be determined by the Authority. If a member of the Authority is elected to serve as secretary and treasurer, he or she shall be elected in the same manner and for the same term as the chairman and vice-chairman. No member of the Authority shall hold more than one office except that of secretary and treasur er. Four (4) members of the Authority eligible to vote shall con stitute a quorum. A majority of the quorum is empowered to ex ercise all the rights and perform all the duties of the Authority and no vacancy on the Authority shall impair the right of the quorum to act. The members of the Authority shall serve without compen sation except that they shall be reimbursed for actual expenses in curred in the performance of their duties. The Authority shall make rules and regulations for its own government. It shall have per petual existence."

Mr. Chandler of Baldwin moved that the House agree to the Senate amend ment.
On the motion to agree, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Acree Alien Anderson Andrews Arnsdorff Ballard Barber Baughman Bedgood Black Blair Blalock, D. B. Bolton Bowen, A. Bowen, R. W. Brackin Branch Brantley Brooks, Geo. B. Brown Busbee Bynum Byrd Caldwell

Carr Chandler Clark, J. T. Clarke, H. G. Coker, G., Dr. Coker, R. Conner Davis Dean, N. Deen, H. D. DeVane Dorminy Duncan, A. C. Duncan, J. E. Echols Etheridge Flournoy Floyd Flynt Fowler, A. A. Jr. Fowler, J. W. Fulford Funk Gibbons Greene

Groover Hale Harrington Harris Henderson Hill House Houston Isenberg Johnson, A. S. Dr. Johnson, B. Jones, F. C. Jordan, J. E. Jordan, W. H. Keadle Kelly Killian Kirkland Knight, D. W. Knight, W. D. Laite Lee, G. B. Lee, W. J. (Bill) Lee, Wm. S. Leonard

Lewis Logan Lokey Lowrey Mackay Matthews, C. Matthews, D. R. McClelland McCracken McKemie Meeks Melton Milford Milhollin Mixon Moore Morgan, H. Morgan, J. H. Murphy Nessmith Newton, A. S. Newton, D. L. Odom Overby Pafford Paris Parker Partridge

THURSDAY, JUNE 18, 1964
Perry Peterson Phillips Ponsell Poole Pope Poss Raulerson Rhodes Richardson Roberts Rodgers, H. B. Rogers, Jimmie Roper Rowland Russell Sewell Shea Shuman Simpson Sinclair Singer Smith, A. C., Jr. Smith, Chas. C. Smith, E. B., Jr. Smith, G. L. II Smith, V. T. Snow

1021
Spikes Stalnaker Steis Story Striekland Tabb Todd Towson Tucker, J. B. Tucker, Ray M. Twitty Underwood, J. C. Underwood, R. R. Vaughn Walker Ware Warren Watts Wells, D. W. Wells, H. H. White Wiggins Wilkes Williams, G. J. Wilson, J. M. Woodward Hudgins

Those not voting were Messrs. :

Bagby Beck Bell Bkdock, E. Bowen, R. L. Bowen, R. P. Brooks, Wilson Causby Conger Cullens Dennard Dicus Dixon Fleming Griffin Hall

Harrell Herndon Horton Hull Hurst Jones, C. M. Jones, D. C. Jones, M. Keyton Lambert Lane Lindsey McDonald Mitchell Moate Mullis

Payton Pickard Rainey Reaves Rutland Scarborough Simmons Smith, R. R. Stuckey Teague Tucker, M. K. Watson Williams, W. M. Wilson, Hoke Smith, G. T.

On the motion to agree, the ayes were 158, nays 0.

The Senate amendment was agreed to.

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HR 14-16. By Messrs. Echols and Caldwell of Upson:
A Resolution proposing an amendment to the Constitution of the State of Georgia so as to create a body corporate and politic and an instru mentality of the State of Georgia to be known as the Thomaston Office Building Authority, and for other purposes.

The following Senate amendment was read:
Sen. Byrd of 17th moves to amend HR 14-16 as follows:
By striking from Section 1, immediately at the beginning thereof, the following: "Article VII, Section VII, Paragraph I" and substituting in lieu thereof the following: "Article VII, Section VI, Paragraph I"; and
By striking from subparagraph (6) of Paragraph D, as it appears between the words "such" and "projects" the word "projects" and sub stituting in lieu thereof the word "project"; and
By striking from Paragraph P the word "relating" as it appears between the words "in" and "to" and substituting in lieu thereof the word "relation".

Mr. Caldwell of Upson moved that the House agree to the Senate amend ment.

On the motion to agree, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were:

Abney Acree Alien Anderson Andrews Arnsdorff Ballard Barber Baughman Bedgood Black Blair Blalock, D. B. Bolton Bowen, A. Bowen, R. W. Brackin

Branch Brantley Brooks, Geo. B. Brown Busbee Bynum Byrd Caldwell Carr Chandler Clark, J. T. Clarke, H. G. Coker, G., Dr. Coker, R. Conner Davis Dean, N.

Deen, H. D.
DeVane Dorminy Duncan, A, C. Duncan, J. E. Echols Etheridge Flournoy Floyd Flynt Fowler, A. A., Jr. Fowler, J. W. Fulford Funk Gibbons Greene Groover

THURSDAY, JUNE 18, 1964

Hale Harrington Harris Henderson Hill House Houston Isenberg Johnson, A. S., Dr. Johnson, B. Jones, F. C. Jordan, J. E. Jordan, W. H. Keadle Kelly Killian Kirkland Knight, D. W. Knight, W. D. Laite Lee, G. B. Lee, W. J. (Bill) Lee, Wm. S. Leonard Lewis Logan Lokey Lowrey Mackay Matthews, C. Matthews, D. R. McClelland McCracken McKemie Meeks Melton

Milford Milhollin Mixon Moore Morgan, H. Morgan, J. H. Murphy Nessmith
Newton, A. S. Newton, D. L. Odom Overby Pafford Paris Parker Partridge Perry Peterson Phillips Ponsell Poole Pope Poss Raulerson Rhodes Richardson Roberts Rodgers, H. B. Rogers, Jimmie Roper, A. P. Rowland Russell Sewell Shea Shuman Simpson

Those not voting were:
Bagby Beck Bell Blalock, E. Bowen, R. L. Bowen, R. P. Brooks, Wilson Causby Conger Cullens Dennard Dicus Dixon Fleming Griffin Hall

Harrell Herndon Horton Hull Hurst Jones, C. M. Jones, D. C. Jones, M. Keyton Lambert Lane Lindsey McDonald Mitchell Moate Mullis

1023
Sinclair Singer Smith, A. C., Jr. Smith, Chas. C. Smith, E. B., Jr. Smith, G. L. II Smith, V. T. Snow Spikes Stalnaker Steis Story Strickland Tabb Todd Towson Tucker, J. B. Tucker, Ray M. Twitty Underwood, J. C. Underwood, R. R. Vaughn Walker Ware Warren Watts Wells, D. W. Wells, H. H. White Wiggins Wilkes Williams, G. J. Wilson, J. M. Woodward Hudgins
Payton Pickard Rainey Reaves Rutland Scarborough Simmons Smith, R. R. Stuckey Teague Tucker, M. K. Watson Williams, W. M. Wilson, Hoke Smith, G. T.

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On the motion to agree, the ayes were 158, nays 0.

The Senate amendment to HR 14-16 was agreed to.

Mr. Brantley of Chandler arose on a point of personal privilege and ad dressed the House.

Mr. Pope of Cherokee arose on a point of personal privilege and addressed the House.

The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has disagreed to the report of the Committee of Conference to the following Bill of the Senate and asks that a second Committee of Conference be appointed:

SB 1. By Senators Carlton of the 21st, Webb of the llth and Jackson of the 16th:
A Bill to be entitled an Act to provide a comprehensive revision of the election and primary laws and all related laws of this State; and for other purposes.

The President has appointed as a second Committee of Conference on the part of the Senate: Senators Carlton of the 21st, Gillis of the 20th and Rowan of the 8th.

The Senate insists on its position on the following Resolution of the House and respectively asks that a Committee of Conference be appointed:

HR 6-1. By Messrs. Smith of Grady, Bolton of Spalding and others:
A Resolution proposing a revised Constitution of Georgia; and for other purposes.

The President has appointed as a Committee of Conference on the part of the Senate: Senators Carlton of the 31st, Webb of the llth and Gayner of the 5th.

THURSDAY, JUNE 18, 1964

1025

Mr. Bolton of Spalding moved that the House insists on its position on the following Resolution of the House and a Committee of Conference be appointed:

HR 6-1. By Messrs. Smith of Grady, Bolton of Spalding and others:
A Resolution proposing a revised Constitution of Georgia, and for other purposes.

The motion prevailed and the Speaker appointed as a Committee of Confer ence the following members:
Messrs. Bolton of Spalding, Groover of Bibb and Twitty of Mitchell.

Mr. Killian of Glynn arose on a point of personal privilege and addressed the House.

Mr. Brooks of Oglethorpe arose on a point of personal privilege and addressed the House.

Mr. Bolton of Spalding moved that the House do now adjourn until 10:00 o'clock a.m. tomorow morning and the motion prevailed.

The Speaker announced the House adjourned until 10:00 o'clock a.m. tomor row morning.

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Representative Hall, Atlanta, Georgia. Friday, June 19, 1964.

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

Prayer was offered by Rev. Dan Brewster, Pastor 1st Methodist Church, Newnan, Georgia.

By unanimous consent the call of the roll was dispensed with.

Mr. Clarke of Monroe, Chairman of the Committee on Auditing, Enrolling, Engrossing and Journals reported that the Journal of the previous legislative day had been read and found to be correct.

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

The Journal was confirmed.

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. 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 read the second time:
HR 120-80. By Messrs. Richardson of Chatham, Mackay of DeKalb, Jones of Muscogee, McClelland, Brooks and Etheridge of Fulton, Flournoy of Cobb, House of Bibb, Lee of Dougherty and Pope of Cherokee:

FRIDAY JUNE 19, 1964

1027

A Resolution proposing an amendment to the Constitution so as to provide for the manner of electing the members of the House of Repre sentatives; to provide for the submission of this amendment for ratifi cation or rejection; and for other purposes.

Mr. Bolton of Spalding County, Vice-Chairman of the Committee on Rules, submitted the following report:
Mr. Speaker:
Your Committee on Rules has had under consideration the following HR 110 of the House and has instructed me as Vice-Chairman, to report the same back to the House with the following recommendations:
HR 110. Do Pass, Committee Substitute. Respectfully submitted, Bolton of Spalding, Vice-Chairman.

The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following Bills and Resolutions of the House to wit:
HB 62. By Messrs. Ware and Spikes of Troup: A Bill to abolish the justices court, the offices of justices of the peace, the offices of the notary public ex-officio justice of the peace, the offices of constable in the 655th Militia District of Troup County, Ga., having within its borders the City of LaGrange, having a certain popu lation; to repeal conflicting laws; and for other purposes.
HB 67. By Mr. Davis of Heard: A Bill to revise the corporate charter of the City of Franklin in the County of Heard and provide a new charter thereof; and for other purposes.
HB 68. By Messrs. Land and Nessmith of Bulloch: A Bill relating to the creation of the City Court of Statesboro, so as to provide for the trial of all violations of traffic laws of Georgia in said court in the same manner as now provided for the trial of such cases in the courts of ordinary in certain counties; and for other purposes.

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HB 70. By Messrs. Harris and Mackay of DeKalb:
A Bill to amend an Act establishing a new Charter for the City of Stone Mountain, so as to change the corporate limits of said City; and for other purposes.

HB 74. By Mr. Fowler of Douglas:
A Bill to amend an Act creating a new charter for the City of Douglasville in the County of Douglas, so as to extend the corporate limits of said City; and for other purposes.

HB 75. By Messrs. Jones and Pickard of Muscogee:
A Bill to amend the Charter of the City of Columbus setting the com pensation of the Commissioners; and for other purposes.

HB 77. By Mr. Clarke of Monroe:
A Bill to amend an Act consolidating the various Acts incorporating the City of Forsyth, so as to authorize the use of voting machines in elections conducted within the city; and for other purposes.

HB 76. By Mr. Conner of Jeff Davis:
A Bill to amend an Act providing a new charter for the City of Hazlehurst, so as to authorize the City to close streets and alleys located within the City; and for other purposes.

HR 38-45. By Mr. Moore of Polk:
A Resolution proposing an amendment to the Constitution so as to remove therefrom those provisions relating to the Polk County Board of Education in the event of the merger of the Polk County School system and the independent school system of Cedartown and those provisions authorizing an additional two mill tax levy for educational purposes within Polk County; and for other purposes.

HR 72-69. By Messrs. Keyton and Russell of Thomas:
A Resolution proposing an amendment to Article VII, Sec. VII, Par. V of the Constitution so as to authorize Thomas County to issue revenue obligations for the purpose of paying costs of certain projects; and for other purposes.

HR 83-75. By Messrs. Clark and Tucker of Catoosa: A Resolution proposing an amendment to the Constitution so as to

FRIDAY JUNE 19, 1964

1029

repeal an amendment providing for a Board of Tax Administrators for Catoosa County and to abolish said Board effective December 31, 1964; and for other purposes.

HR 84-77. By Messrs. Melton and Bolton of Spalding: A Resolution proposing an amendment to the Constitution so as to authorize the governing authority of Spalding County to issue general obligations bonds for the purpose of establishing educational facilities beyond the 12th grade and to levy taxes for the payment of such bonds; and for other purposes.
The Senate has passed by substitute by the requisite constitutional majority the following Bills of the House to wit:
HB 65. By Messrs. Newton and Matthews of Colquitt: A Bill to amend an Act creating and establishing a new charter for the City of Moultrie, so as to change the corporate limits of the City of Moultrie; and for other purposes.

HB 72. By Messrs. Snow and Abney of Walker: A Bill to amend an Act creating the office of commissioner of roads and revenues for the County of Walker, so as to change the salary of the commissioner; and for other purposes.
The Senate has adopted as amended by the requisite constitutional majority the following Resolution of the House to wit:
HR 63. By Messrs. Newton and Matthews of Colquitt: A Resolution proposing an amendment to the Constitution so as to clarify certain provisions relative to the Moultrie-Colquitt County Development Authority in so far as the extent of the Authority's opera tions are concerned; and for other purposes.

The following Bills of the House were taken up for the purpose of considering the Senate substitutes thereto:

HB 65. By Messrs. Newton and Matthews of Colquitt:
A Bill to be entitled an Act to amend an Act creating and establishing a new charter for the City of Moultrie, so as to change the corporate limits of the City of Moultrie, and for other purposes.

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The following Senate substitute was read:

Substitute for HB 65:

A BILL

To be entitled an Act to amend an Act creating and establishing a new charter for the City of Moultrie, approved March 3, 1943 (Ga. Laws 1943, p. 1458), as amended, particularly by an Act approved March 3, 1964 (Ga. Laws 1964, p. 2301), so as to change the corporate limits of the City of Moultrie; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEORGIA:
Section 1. An Act creating and establishing a new charter for the City of Moultrie, approved March 3, 1943 (Ga. Laws 1943, p. 1458), as amended, particularly by an Act approved March 3, 1964 (Ga. Laws 1964, p. 2301), is hereby amended by striking in its entirety Section 2, and substituting in lieu thereof a new Section 2 to read as follows:
Section 2. Be it further enacted by the authority aforesaid, that the corporate limits of the City of Moultrie be such as to include and embrace therein all the area lying within the following boundary lines:
"Begin at the original Southwest corner of Land Lot Number 337 in the 8th Land District of Colquitt County, Georgia, and from said point of beginning run East along the South line of said land lot number 337, 4250 feet, more or less, to the East margin of the right of way of the Georgia Northern Railroad, thence run in a Northerly direction along the East margin of the right of way of the Georgia Northern Railroad 8220 feet, more or less, to the Old South City Limits line as defined in the Acts of 1943, Ga. L. 1943, pages 1458 et seq., which Old South City Limits line lies 5860 feet South of and parallel to a straight line running East and West through the center of the county courthouse square, thence run East along said Old City Limits Line 2200 feet, more or less, to the Old Southeast Corner of the City of Moultrie as defined by the Acts of 1943, Ga. L. 1943, pages 1458, et seq., which point is the point of in tersection of said Old City Limits Line with the Old East City Limits Line, which said line was three-quarters of a mile East of and paral lel to a straight line running North and South through the center of the county courthouse square, thence run North along said Old East City Limits line 1000 feet, more or less, to the South original lot lime of Land Lot Number 292 in the 8th Land District of Colquitt County, thence run East along the South original lot lines of Land Lots Numbers 292, 293 and 294 in the 8th Land District of Col quitt County a distance of 10,575 feet, thence run North parallel with said Old East City Limits line a distance of 4530 feet, thence run West parallel with the South lot lines of said lots 294 and 293 a distance of 6000 feet, more or less, to the East original lot line of Land Lot Number 261 in the 8th Land District of

FRIDAY JUNE 19, 1964

1031

Colquitt County, thence run North along the East original lot line of said Land Lot Number 261, 4000 feet, more or less, to its intersection with an extension Eastward of the Old North City Limits line of the City of Moultrie as defined by the Acts of 1943, Ga. L. 1943, pages. 1458 et seq. which line lies three-quarters of a mile North of and parallel to a straight line running East and West through the center of the county courthouse square, thence run West along said extension of the Old North City Limits line and the Old North City Limits line 8000 feet, more or less, to a point 610 feet East of the intersection of said line with the East margin of North Main Street, thence run North perpendicular to said Old North City Limits line 2960 feet, thence run West parallel with said Old North City Limits line 1100 feet, more or less, to the East Margin of the Old Moultrie-Sylvester State Highway, thence run in a Southerly direction along the East margin of said Old Moultrie-Sylvester State Highway and North Main Street extended a distance of 2550 feet, more or less, to the South margin of the right of way of the Georgia Northern Railroad, thence run in a Northwesterly direction along the South margin of the right of way of the Georgia Northern Railroad 255 feet to a point which is 150 feet West of the West margin of North Main Street extended measuring perpendicular thereto, thence run South pa rallel with the West margin of said North Main Street extended a distance of 600 feet to a point 150 feet West of the West margin of North Main Street on said Old North City Limits line, thence run West along said Old North City Limits line to its intersection with an extension of the East margin of First Street, N.W., thence run North 0 degrees 44 minutes East 111 feet, thence run North 3 degrees 15 minutes West 387 feet, thence run in a North westerly direction along an arc delineated by an old fence on the South margin of property of the Georgia Northern Railroad Company 405.05 feet to the South margin of property of Swift and Company, thence run North 87 degrees 38 minutes West 29 feet, thence run South 0 degrees 44 minutes West 837.3 feet to said Old North City Limits line, thence run West along said Old North City Limits line 435 feet, more or less to the East margin of the right of way of Moultrie-Albany State Highway Number 133, thence run Northwesterly along the East margin of said State Highway Number 133 a distance of 2200 feet, thence run West parallel with said Old North City Limits line a distance of 4900 feet, thence run South parallel with the Old West City Limits line of the City of Moultrie as defined by the Acts of 1943, Ga. L. 1943, pages 1458 et seq., which old West City Limits line was located three-quarters of a mile west of and parallel to a straight line running North and South through the center of the county courthouse square, to a point 1000 feet from the center line of the Moultrie-Camilla State Highway Number 37 measured along a line perpendicular to the center line of said highway, thence run in a Northwesterly direction along a line parallel to and 1000 feet North of the center line of said Moultrie-Camilla State Highway a distance of 4150 feet, more or less, to the center line of Hamilton Road in Camilla Heights Subdivision, thence run South along the center line of said Hamilton Road a distance of 1000 feet to the center line of said Moultrie-Camilla State Highway, thence continue in a Southerly direction along an ex tension of the center line of said Hamilton Road a distance of

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JOURNAL OF THE HOUSE,

500 feet, thence run in a Southeasterly direction along a line parallel to and 500 feet South of the center line of said MoultrieCamilla State Highway a distance of 4800 feet, more or less, to its intersection with a line parallel to and 3400 feet West of the Old West City Limits line as defined by the Acts of 1943, Ga. L. 1943, pages 1458 et seq., thence run South along said line a dis tance of 6800 feet, more or less, to its intersection with the Old South City Limits line extended West 3400 feet, thence run in a Southeasterly direction in line with the Southwest corner of the Franklin Subdivision, which point is on the North margin of the Moultrie-Meigs Post Road 511 feet West of the intersection of the North margin of said road and the East original lot line of land lot number 336 in the 8th Land District of Colquitt County, a distance of 7200 feet, more or less, to its intersection with an extension of the North line of lands of Carlton Duggan, which point is 480 feet, more or less, from said Southwest corner of the Franklin Subdivision, thence run South 59 degrees West 559 feet, thence run South 28 degrees 30 minutes East 30 feet, thence run South 59 degrees West 30 feet to the West margin of lands of Carlton Duggan, thence run South 28 degrees 30 minutes East 270 feet to the North margin of the right of way of the MoultrieMeigs Post Road, thence run in an Easterly direction along the North margin of the right of way of said Moultrie-Meigs Post Road 508 feet, thence run Southeast across said Moultrie-Meigs Post Road and along the West margin of lands of R. M. Carlton 550 feet, thence run Northeast parallel with the South margin of the Moultrie-Meigs Post Road 600 feet, more or less, to the West original lot line of land lot number 337 in the 8th Land District of Colquitt County, thence run South along the West original lot line of said lot 337 a distance of 3150 feet to the Southwest corner of said land lot and the point of beginning; except that there shall not be included in said city of Moultrie that area encompassed within the present cor porate limits of the Town of Riverside."

Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

Mr. Newton of Colquitt moved that the House agree to the Senate substitute.

On the motion to agree, the ayes were 110, nays 0.

The Senate substitute to HB 65 was agreed to.

HB 72. By Messrs. Snow and Abney of Walker:
A Bill to be entitled an Act to amend an Act creating the office of commissioner of roads and revenues for the County of Walker, so as to change the salary of the commissioner, and for other purposes.

FRIDAY JUNE 19, 1964

1033

The following Senate substitute was read:

Substitute for HB 72:

A BILL
To be entitled an Act to amend an Act creating the office of com missioner of roads and revenues for the County of Walker, approved February 10, 1939 (Ga. Laws 1939, p. 751), as amended, particularly by an Act approved February 12, 1945 (Ga. Laws 1945, p. 629), an Act approved February 15, 1951 (Ga. Laws 1951, p. 3307), and an Act approved March 5, 1957 (Ga. Laws 1957, p. 2416), so as to change the salary of the commissioner; to provide provisions for an automobile for the commissioner; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act creating the office of commissioner of roads and revenues for the County of Walker, approved February 10, 1939 (Ga. Laws 1939, p. 751), as amended, particularly by an Act approved February 12, 1945 (Ga. Laws 1945, p. 629), an Act approved February 15, 1951 (Ga. Laws 1951, p. 3307), and an Act approved March 5, 1957 (Ga. Laws 1957, p. 2416), is hereby amended by striking from Section 9 the following: "seven thousand dollars ($7,000.00)" and substituting in lieu thereof "twelve thousand five hundred dollars ($12,500.00)", and by adding at the end thereof the following: "After the effective date of this Act, the commissioner shall provide at his own expense his own automobile as is needed to discharge the official duties of his office, except that automobile presently being furnished to said commissioner by Walker County may be utilized by the com missioner until it shall no longer be serviceable and shall be disposed of by the commissioner. He shall continue to receive the expense allowances provided for in Section 10 of this Act.", so that when so amended Section 9 shall read as follows:

"Section 9. Be it further enacted by the authority aforesaid, That the compensation of said commissioner shall not exceed twelve thousand five hundred dollars ($12,500.00) per annum, to be paid monthly out of the county depository or treasury. Said Commis sioner shall give his full time to the discharge of his duties as such. After the effective date of this Act, the commissioner shall provide at his own expense his own automobile as is needed to discharge the official duties of his office, except that automobile presently being furnished to said commissioner by Walker County may be utilized by the commissioner until it shall no longer be serviceable and shall be disposed of by the commissioner. He shall continue to receive the expense allowances provided for in Section 10 of this Act."
Section 2. This Act shall become effective on January 1, 1965.

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Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

Mr. Abney of Walker moved that the House agree to the Senate substitute.

On the motion to agree, the ayes were 110, nays 0.

The Senate substitute to HB 72 was agreed to.

Mr. Murphy of Haralson arose on a point of personal privilege and addressed the House.

Mr. Caldwell of Upson asked unanimous consent that the House reconsider its action in adopting the following Resolution of the House:

HR 125. By Messrs. Groover of Bibb, Roberts of Jones and many others:
A Resolution requesting the two United States Senators from Georgia to introduce legislation to limit the jurisdiction of the Federal Courts in certain cases, and for other purposes.

The consent was granted and the House has reconsidered. The following Resolutions of the House were read and adopted:

HR 126. By Messrs. Bynum of Rabun, Kelly of Jasper, and many others:
A RESOLUTION
Relating to Honorable Harold G. Clarke; and for other purposes.
WHEREAS, Honorable Harold G. Clarke, the distinguished and able Representative from Monroe County, is serving the second consecu tive term in the Georgia General Assembly as Representative from Monroe County; and
WHEREAS, while serving therein Honorable Harold G. Clarke has been in the forefront of the battle for improvements in education, expanded highway construction and the promotion of industrial develop ment; and
WHEREAS, in 1962 the gentleman from Monroe sponsored an

FRIDAY JUNE 19, 1964

1035

apportionment plan for the General Assembly which called for a House composed of one member from each of the 159 counties and a State Senate of 100 members to be apportioned upon a population basis; and

WHEREAS, while serving in the General Assembly he led the fight to grant a constitutional basis for the Georgia Milk Commission; and
WHEREAS, through his individual efforts he was instrumental in establishing and developing the High Falls Park in Monroe County; and

WHEREAS, while serving in the General Assembly the Honorable Harold G. Clarke has become one of the most beloved members to have served this body in recent years and has proven himself to be one of the most effective legislative leaders among the membership thereof.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend the Honor able Harold G. Clarke, the distinguished and able Representative from Monroe County, for his many contributions to the people of the State of Georgia and Monroe County.

BE IT FURTHER RESOLVED, that the Clerk of the House of Representatives is hereby authorized and instructed to forward an appropriate copy of this Resolution to the members of the family of Honorable Harold G. Clarke.

HR 127. By Mr. Matthews of Colquitt:
A RESOLUTION
Inviting Honorable Edward W. Hiles to address the House of Repre sentatives; and for other purposes.
WHEREAS, Honorable Edward W. Hiles, President of the Georgia Savings & Loan League, Inc., is an outstanding Georgian and a much sought after speaker in this State, as well as in other States; and
WHEREAS, he has won the National Award for his speech "What's Happening to the Spirit of America"; and
WHEREAS, many of the members of this body have not heard this timely and penetrating speech.
NOW, THEREFORE BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby cordially invite the Honorable Edward W. Hiles to address the members of this body on June 23, 1964 at 2:15 p.m.

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BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to forward an ap propriate copy of this Resolution to Honorable Edward W. Hiles.

The following Resolution of the House was again taken up:

HR 125. By Messrs. Groover of Bibb, Roberts of Jones, and many others:
A Resolution requesting the two United States Senators from Georgia to introduce legislation to limit the jurisdiction of the Federal Courts in certain cases, and for other purposes.

The following Substitute was read and adopted:
Substitute for HR 125.
A RESOLUTION
Requesting the two United States Senators from Georgia to intro duce legislation to limit the jurisdiction of the Federal Courts in certain cases.
WHEREAS, on June 15, 1964, the saddest day in American history, the Supreme Court of the United States, by a narrow majority, ruled that state legislatures having two houses are required by the 14th Amendment to the Constitution to apportion both houses on the basis of population; and
WHEREAS, that ruling flies in the face of American tradition contrary to the concept of a Republican form of government, which Article 4, Section 4 of the Constitution of the United States requires be guaranteed to each state; and
WHEREAS, the narrowness of the majority in such decision emphasizes the danger to America of a court, from which no appeal will lie, having unlimited and unrestrained jurisdiction; and
WHEREAS, as a result of such decision the minority will thus be stripped of all protection, checks and balances against the unrestrained power and will of the majority; and
WHEREAS, Article 3, Section 1 of the Constitution provides that Congress may from time to time ordain and establish inferior Federal Courts which provision also authorizes the granting or denying of the jurisdiction of such courts; and
WHEREAS, Article 3, Section 2, Paragraph 2 provides that in all cases except those affecting Ambassadors, Public Ministers and Counselors, and those in which a state shall be a party, the Supreme

FRIDAY JUNE 19, 1964

1037

Court shall have only appellate jurisdiction and provides that the Congress may make exceptions and regulations concerning such appel late jurisdiction:
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OP REPRESENTATIVES that we hereby call on our two United States Senators--Richard B. Russell and Herman E. Talmadge--to propose in the Congress of the United States, a statute to:
(a) divest the inferior courts created by it of any and all juris diction to consider, hear and determine, any case involving the appor tionment of a state legislature; and
(b) divest the Supreme Court of the United States of any and all appellate jurisdiction in connection with such cases.

HR 125 was adopted by substitute.

Messrs. Harris of DeKalb and House of Bibb requested that the following statement be recorded in today's Journal:
Statement of Harris of DeKalb and House of Bibb to be entered in the Journal of proceedings of the House of Representatives of June 19, 1964.
On June 18, 1964, the House adopted a Resolution relative to the recent Supreme Court decision on apportionment of state legislatures. We voted against its adoption. On June 19, 1964, the House reconsidered its action for the purpose of adopting an amended Resolution. This was a privileged Resolution not normally voted upon. At the time the question was put, clearly no quorum was present. An objection would have thwarted the expressed will of an overwhelming majority of the membership and would have postponed until Monday the adoption of the Resolution.
On behalf of those opposing the Resolution, Harris of DeKalb stated that while they would make no formal objection, they wished to be recorded as voting "no". The Chair stated that this would amount to an objection and suggested that this request be withdrawn. We ac ceded to this request in the interest of the harmony of the House.
We consider the Resolution to be ill advised and outside of the scope of proper legislative function. We affirm our belief that government exists for the representation of people. We express by this means our opposition to the Resolution.
1st Harris of DeKalb
I si House of Bibb

Mr. Funk of Chatham moved that the House do now adjourn until 10:00 o'clock a.m. tomorrow morning and the motion prevailed.
The Speaker announced the House adjourned until 10:00 o'clock a.m. to morrow morning.

1038

JOURNAL OP THE HOUSE,

Representative Hall, Atlanta, Georgia, Monday, June 22, 1964.

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

Prayer was offered by Rev. Charlie Cook, Washington Presbyterian Church, Washington, Ga.

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

Abney Acree Alien Anderson Andrews Arnsdorff Bagby Ballard Barber Baughman Beck Bedgood Bell Black Blair Blalock, D. B. Blalock, E. Bolton Bowen, A. Bowen, R. L. Bowen, R. W.
Bowen, R. P. Brackin Branch Brantley Brooks, Geo. B. Brooks, Wilson Brown Busbee Bynum Byrd Caldwell Carr Causby Chandler Clark, J. T. Clarke, H. G. Coker, G., Dr.

Coker, R. Conger Cullens Davis Dean, N. Deen, H. D. Dennard Dicus Dixon Dorminy Duncan, A. C. Duncan, J. P. Echols Etheridge Fleming Plournoy Ployd Fowler, A. A., Jr. Fowler, J. W. Fulford Funk Gibbons Greene Griffin Groover Hale Hall Harrell Harrington Harris Henderson Herndon Hill Horton House Houston Hull Hurst

Isenberg Johnson, A. S., Dr. Johnson, B. Jones, C. M. Jones, P. C. Jones, M. Jordan, J. E. Jordan, W. H. Keadle Kelly Keyton Killian Kirkland Knight, W. D. Laite Lambert Lane Lee, G. B. Lee, W. J. (Bill) Lee, Wm. S. Leonard Lewis Lindsey Logan Lokey Lowrey Mackay Matthews, C. Matthews, D. R. McClelland McCracken McDonald McKemie Meeks Melton Milford Milhollin Mitchell

Moate Moore Morgan, H. Morgan, J. H. Murphy Nessmith
Newton, A. S. Newton, D. L. Odom Overby Pafford Paris Parker Partridge Payton Perry Peterson Phillips Pickard Ponsell Poole Pope Poss Rainey Raulerson Reaves

MONDAY, JUNE 22, 1964
Rhodes Richardson Roberts Rodgers, H. B. Rogers, Jimmie Roper Rowland Russell Scarborough Sewell Shea Shuman Simmons Simpson Sinclair Singer Smiith, A. C., Jr. Smith, Chas. C. Smith, E. B., Jr. Smith, G. L. II Smith, R. R. Smith, V. T. Snow Spikes Stalnaker Steis

1039
Story Strickland Tabb Teague Todd Towson Tucker, J. B. Tucker, M. K. Tucker, Ray M. Twitty Underwood, J. C. Underwood, R. R. Vaughn Walker Ware Watts Wells, D. W. Wells, H. H. White Wiggins Wilkes Williams, G. J. Williams, W. M. Wilson, Hoke Woodward Hudgins

Mr. Clarke of Monroe, Chairman of the Committee on Auditing, Enrolling, Engrossing and Journals reported that the Journal of the previous legislative day had been read and found to be correct.

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

The Journal was confirmed.

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. 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.

1040

JOURNAL OF THE HOUSE,

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

Mr. Speaker:

The Senate has disagreed to the report of the Committee of Conference on the following Bill of the Senate and respectfully ask that the Committee of Conference be discharged and a third Committee of Conference be appointed:

SB 1. By Senators Carlton of the 21st, Webb of the llth and Jackson of the 16th:
A Bill to provide a comprehensive revision of the election and primary laws and all related laws of this State; and for other purposes.

The President has appointed as a third Committee of Conference on the part of the Senate: Senators Carlton of the 21st, Gillis of the 20th and Rowan of the 8th.

The Senate has adopted by the requisite constitutional majority the following Resolution of the Senate to wit:

SR 43. By Senators Spinks of the 9th, Smith of the 18th and others:
A Resolution requesting the two United States Senators from Georgia to introduce legislation to limit the jurisdiction of the Federal Courts in certain cases.

The following Resolutions of the House was read and adopted:

HR 128. By Messrs. Vaughn of Rockdale, Lee of Clayton, Lokey of McDuffie and many others:
A RESOLUTION
Expressing appreciation for the manner in which the grounds of the Capitol are maintained; and for other purposes.
WHEREAS, the members of this body have noted with particular pleasure the beautiful and artistic manner in which the grounds, shrubs, and flowers appearing on the Capitol grounds are kept and maintained; and
WHEREAS, it has often been a source of inspiration and quiet reflection for the members of this body to gaze from the windows of

MONDAY, JUNE 22, 1964

1041

the Representative Hall upon these pleasing scenes and to walk among the Capitol grounds; and

WHEREAS, the Honorable Harold Stodghill, who is in charge of the Capitol building grounds, and the Honorable Mike Adair, gardener, have labored many long hours in providing a unique showplace of the Capitol grounds; and

WHEREAS, these many long hours of labor have resulted in a pleasing and aesthetic atmosphere surrounding the State Capitol; and

WHEREAS, the many citizens of the State of Georgia and the many out-of-state visitors who annually visit the Capitol have taken particular pride in the beautiful appearance presented by the grounds
of the Capitol; and

WHEREAS, it is only befitting and proper that recognition by this body be given to those individuals responsible for the outstanding job of keeping and maintaining the State Capitol grounds in so beautiful a state.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend the Honor able Harold Stodghill and the Honorable Mike Adair and those persons who work nnder their supervision in maintaining the Capitol grounds in so beautiful a state.

BE IT FURTHER RESOLVED that this body does also commend the Honorable Ben W. Fortson, Secretary of State, Keeper of the Build ings and Grounds, for his overall supervision and maintenance of the
Capitol grounds.

HR 129. By Messrs. Flournoy of Cobb, Harrington of Baldwin, and many others:
A RESOLUTION
Commending Honorable Elmer Wilson "Bill" Teague, Representative from Cobb County; and for other purposes.
WHEREAS, Honorable Elmer Wilson "Bill" Teague, the distin guished and able Representative from Cobb County, has declined to seek reelection to the House of Representatives of Georgia; and
WHEREAS, Mr. Teague has served as a member of the House of Representatives during the years 1961, 1962, 1963 and 1964; and
WHEREAS, during his tenure as a member of the General As sembly, major legislation has been introduced and enacted including the largest biennial Appropriations Bill in the history of the State, Reapportionment of the Georgia Senatorial Districts, Reapportionment of the Congressional Districts and a new Health Code; and

1042

JOURNAL OF THE HOUSE,

WHEREAS, he has ably represented his County and the State of Georgia; and

WHEREAS, his active participation as a member of the General Assembly of Georgia and his support of progressive legislation has proved Mr. Teague to be an able and dependable legislator; and

WHEREAS, Mr. Teague is presently seeking the nomination of the Democratic Party of Cobb County as the candidate for Commis sioner of Roads and Revenues of Cobb County; and

WHEREAS, the presence of Mr. Teague in the Hall of the House of Representatives will be sorely missed.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that Honorable Elmer Wilson "Bill" Teague, the distinguished member of the House of Representatives from Cobb County, is hereby commended for his excellent and devoted service to the House of Representatives, Cobb County and the State of Georgia.

BE IT FURTHER RESOLVED that this body wishes for him every success and prosperity in all his future endeavors.

BE IT FURTHER RESOLVED that as a token of our esteem and appreciation, the Clerk of the House of Representatives is hereby authorized and directed to present an appropriate copy of this Reso lution with the seal of the House of Representatives affixed thereto to Honorable Elmer Wilson Teague.

HR 130. By Mr. Lee of Clinch:
A RESOLUTION
Urging construction of a bridge across the Okefenokee Swamp connecting State Highway No. 177; and for other purposes.
WHEREAS, at the present time there exists a sixteen-mile gap between the northern and southeastern terminus of Georgia Highway No. 177; and
WHEREAS, the northern portion of State Highway No. 177 extends southward into the Okefenokee Swamp from U. S. Highway Nos. 1 and 23; and
WHEREAS, Georgia Highway No. 177 extends northeasterly into the Okefenokee Swamp from U. S. Highway No. 441 and Georgia State Road No. 94; and
WHEREAS, it is feasible to construct a tangent bridge with two lanes from the northerly terminal point of Georgia Highway No. 177

MONDAY, JUNE 22, 1964

1043

to the southerly point of Georgia Highway No. 177 so as to connect the gap between the two sections; and

WHEREAS, this bridge could be constructed of either concrete or cypress timbers that are abundant in this area with parking areas thereon for study and scenic observation; and

WHEREAS, the entire right-of-way of said bridge would be no more than fifty feet wide, thus leaving all of the tall and natural cypress trees for its natural beauty and scenic view; and

WHEREAS, because of the recent completion of Interstate High way No. 75 a majority of the tourist traffic coming through this area of Georgia now by-passes this area of the State; and

WHEREAS, the Okefenokee is surrounded by four major U. S. Highways that connect with Georgia Highway No. 177 on the east and west side of the swamp; and

WHEREAS, in the event this scenic bridge were completed much of the tourist traffic would be diverted to these main U. S. Highways for the purpose of driving through the scenic Okefenokee Swamp; and

WHEREAS, the area around this scenic swamp is fast becoming a depressed area and has an extremely bad employment situation and many businesses have been forced to close their doors because of the lack of tourist trade which now goes down Interstate Highway No. 75; and

WHEREAS, the construction of this bridge would not only alleviate this employment situation by providing jobs during its construction, but further would aid the employment situation by getting more tourist business into the area; and

WHEREAS, if this bridge were completed, then those businesses which have been forced to close because of Interstate No. 75 would again be able to re-open, thus providing more jobs for the residents of this area; and

WHEREAS, a bridge of this nature would be of inestimable value to this southeastern portion of Georgia as a tourist attraction;

WHEREAS, the construction of this scenic bridge would make the great natural beauty of this vast wilderness available and accessible to the general public; and

WHEREAS, the value to be derived from the construction of the bridge would far exceed the cost of its construction.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body does hereby recommend and re quest the United States Department of Commerce, Bureau of Roads,

1044

JOURNAL OF THE HOUSE,

to approve and begin construction of a bridge connecting Georgia High way No. 177 in the Okefenokee Wildlife Refuge.

BE IT FURTHER RESOLVED that this Body does hereby recom mend and request the United States Department of Interior to approve and begin construction of a bridge connecting Georgia Highway No. 177 in the Okefenokee Swamp Wildlife Refuge.

BE IT FURTHER RESOLVED that this Body does hereby request the members of the Georgia Congressional delegation to do whatever is necessary to have this bridge constructed in the Okefenokee Wildlife Refuge, and to aid in completion of this project in any way they deem proper.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and instructed to transmit a copy of this Resolution to the Secretary of the Interior, to the Director of the United States Department of Commerce and to each and every member of the Georgia Congressional delegation.

HR 131. By Messrs. Walker and Gibbons of Lowndes:
A RESOLUTION
Relative to the Georgia Sheriffs Boys' Ranch; and for other purposes.
WHEREAS, the Georgia Sheriffs Association, through the auspices of its association, sponsors the Georgia Sheriffs Boys' Ranch in Hahira, Georgia, which provides a home for the homeless boys of the State of Georgia; and
WHEREAS, at the present time, there are thirty-two young boys from twenty-seven counties from all parts of the State of Georgia being maintained by this Boys' Ranch; and
WHEREAS, through this fine program, the Georgia Sheriffs Association, without the support of any public funds and through the support of donations from the public alone, is providing a much needed service for homeless boys of Georgia; and
WHEREAS, it is only befitting and proper that this body recognize the Georgia Sheriffs Association for their dedicated public service in providing this much needed facility.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend each and every member of the Georgia Sheriffs Association for their splendid program incorporated within the Georgia Sheriffs Boys' Ranch and does hereby express to the Georgia Sheriffs Association its every wish for continued progress in this most worthwhile endeavor and does lend to

MONDAY, JUNE 22, 1964

1045

the Georgia Sheriffs Association its fullest support in the hope that their program will prosper and expand.

HR" 132. By Mr. Blalock of Clayton:
A KESOLUTION
WHEREAS, the Honorable Rupert L. Murphy, a Dooly County Georgian, has served with distinction as a member of the Interstate Commerce Commission, including a term as Chairman of the Commission; and
WHEREAS, this outstanding Georgian through his vast experience in various forms of transportation, his constant attention to duty and conscientious service as a member of the Commission has guarded well the transportation interests of the people of this Nation and in so doing has reflected great credit upon his State.
THEREFORE, LET IT BE RESOLVED, that this body herein record its urgent recommendation that the Honorable Rupert L. Murphy be reappointed to the Interstate Commerce Commission and that such recommendation be communicated to the President of the United States.

HR 133. By Messrs. Knight of Laurens, Bynum of Rabun, and many others:
A RESOLUTION
Commending the Honorable William Malcolm Towson; and for other purposes.
WHEREAS, Honorable William Malcolm Towson, Representative from Laurens County, has served in the House of Representatives of the State of Georgia for the 1963-64 term of the General Assembly; and
WHEREAS, prior to this time Mr. Towson served for a period of two years in the State Senate from the 16th District; and
WHEREAS, Mr. Towson has been instrumental in strengthening the State Bar of the State of Georgia; and
WHEREAS, Mr. Towson has untiringly worked towards strengthen ing the State Bar; and
WHEREAS, Mr. Towson has been particularly interested in fur thering the educational opportunities of the citizens of the State of Georgia; and
WHEREAS, Mr. Towson has unceasingly supported measures de signed to foster education in the State of Georgia; and

1046

JOURNAL OF THE HOUSE,

WHEREAS, Mr. Towson has served the people of the State of Georgia and of Laurens County with distinction during his years of service in the Senate and in the House of Representatives of the State of Georgia; and

WHEREAS, Mr. Towson is highly respected by all members of the House of Representatives; and
WHEREAS, Mr. Towson will not return to the House of Repre sentatives as a Representative from Laurens County in 1965; and
WHEREAS, the presence of this distinguished Representative will be greatly missed throughout the halls of the House of Representatives; and

WHEREAS, it is only proper that Mr. Towson be commended for his many years of distinguished and meritorious service as a public servant of the people of the State of Georgia and of Laurens County.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the Honorable William Malcolm Towson, the distinguished member of the House of Representatives of the State of Georgia from Laurens County, is hereby commended for his many years of distinguished and outstanding service as a public servant representing the people of the State of Georgia and of Laurens County.

BE IT FURTHER RESOLVED that this body does hereby declare that the leadership and advice of the Honorable William Malcolm Towson will be sorely missed in the House of Representatives.

BE IT FURTHER RESOLVED that the members of this House do hereby wish the Honorable William Malcolm Towson every success in all his future undertakings.

BE IT FURTHER RESOLVED that a copy of this Resolution be placed in the Journal of the House of Representatives as evidence of the esteem and appreciation of this body for the distinguished Repre sentative from Laurens County, Honorable William Malcolm Towson.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit an appropriate copy of this Resolution to Honorable William Malcolm Towson.

HR 134. By Messrs. Rhodes of Baker, Woodward of Butts, and many others:
A RESOLUTION
Commending Honorable Ralph McClelland, Representative from Fulton County; and for other purposes.

MONDAY, JUNE 22, 1964

1047

WHEREAS, Honorable Ralph McClelland, the distinguished and able Representative from Fulton County, has been a member of the House of Representatives from 1957 through 1964; and

WHEREAS, during his tenure as a member of the House of Representatives he has gained the utmost respect and admiration from his colleagues of past and present General Assemblies; and

WHEREAS, the members of this body have been the recipients of enumerable personal favors and courtesies received from the dis tinguished gentleman from Fulton; and

WHEREAS, by his reserved and dignified manner, Mr. McClelland has contributed greatly to a better understanding and cooperative relationship among the members of this body; and

WHEREAS, Mr. McClelland's participation and contributions have been exemplified by his intimate knowledge of the procedures of the legislative processes, his quiet and effective leadership and his con scientious devotion to the duties of his office; and

WHEREAS, it is only fitting and proper that the members of this body express their feelings of esteem and appreciation to the gentleman from Fulton.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby bestow upon the gentleman from Fulton, Honorable Ralph McClelland, their commenda tions and appreciation for his long tenure of service as a member of the House of Representatives of Georgia.

BE IT FURTHER RESOLVED that the members of this body do hereby extend to him their best wishes for continued success and pros perity in his future endeavors.

BE IT FURTHER RESOLVED that as a token of our esteem and appreciation, the Clerk of the House of Representatives is hereby authorized and directed to present an appropriate copy of this Reso lution with the seal of the House affixed thereto to Honorable Ralph McClelland, Representative, Fulton County.

HR 135. By Messrs. Overby and Williams of Hall, Bynum of Rabun, and many others:
A RESOLUTION
Wishing a speedy recovery for the Honorable G. W. Bailey; and for other purposes.
WHEREAS, the Honorable G. W. Bailey of Flowery Branch, Georgia, is suffering from a recent illness; and

1048

JOURNAL OF THE HOUSE,

WHEREAS, the Honorable G. W. Bailey is an active participant in the civic and religious affairs of his community and State; and

WHEREAS, this outstanding industrialist has manufactured and sent into the stream of commerce his Georgia-made products; and

WHEREAS, due to the dynamic personality and unique business judgment of the Honorable G. W. Bailey, many job opportunities have been created throughout the North Georgia area.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby wish a speedy re covery for this outstanding and distinguished Georgian.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and instructed to send an appro priate copy of this Resolution to the Honorable G. W. Bailey of Flowery Branch, Georgia.

HR 136. By Messrs. Smith of Grady, Bolton of Spalding, and many others:
A RESOLUTION
Expressing regrets at the passing of Honorable Willie Duncan Jordan; and for other purposes.
WHEREAS, Honorable Willie Duncan Jordan, age 72 years, of Leary, Calhoun County, Georgia, departed this life on June 22, 1964; and
WHEREAS, he was the husband of the late Maggie Harvey Jordan and is survived by one son and two daughters; and
WHEREAS, his son is Honorable W. Harvey Jordan, the dis tinguished and able member of the House of Representatives from Calhoun County; and
WHEREAS, he was deacon of the Leary Baptist Church; and
WHEREAS, he was President and owner of the Jordan Banking Company; and
WHEREAS, Mr. Willie, as he was affectionately known by those who knew him, was one of the most loved and respected citizens of Calhoun County and his business advice was constantly sought by those in the southwest Georgia area.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the deepest regrets of this body are hereby expressed at the passing of Honorable Willie Duncan Jordan

MONDAY, JUNE 22, 1964

1049

and the heartfelt sympathy of this body is hereby extended to the members of his family.

BE IT FURTHER RESOLVED that as a token of our common grief, the Clerk of the House of Representatives is hereby instructed to transmit an appropriate copy of this Resolution with the seal of the House of Representatives affixed thereto to the family of Honorable Willie Duncan Jordan.

HR 110. By Messrs. Murphy of Haralson, Paris of Barrow, and many others:
A Resolution amending the rules of the House in relation to the electric roll call system, and for other purposes.

The following substitute was read and adopted.
A RESOLUTION
To authorize the Speaker of the House of Representatives to ap point a committee for the purpose of studying the advisability of amending the rules of the House in relation to the electric roll call system; and for other purposes.
BE IT RESOLVED BY THE HOUSE OP REPRESENTATIVES that the Speaker of the House is hereby authorized to appoint a com mittee to be composed of not more than three members of the House of Representatives for the purpose of studying the feasibility and ad visability of amending the rules of the House so as to provide that the electric roll call system shall incorporate a device whereby the total number of votes being cast shall be indicated but shall not divulge the manner in which the members are voting on any question until the machine has been locked. The committee is hereby authorized to investigate the cost of such an apparatus, its mechanical feasibility, and the advisability of installing such a system. The members of the com mittee shall receive the compensation, per diem, allowances and mileage expenses authorized for members of interim legislative committees. The funds necessary to carry out the purposes of this Resolution shall come from the funds appropriated to and available for the legislative branch of government. The committee shall report back its recommenda tions and findings to the House of Representatives at the next regular session of the General Assembly.

HR 110 was adopted by substitute.
SR 43. By Senators Spinks of the 9th, Smith of the 18th, Scott of the 25th, Pennington of the 45th, Zorn of the 6th, Oliver of the 4th, Byrd of the 17th, Carter of the 14th, Carlton of the 21st, Noble of the 19th, Young of the 13th, McKinnon of the 7th, Lee of the 47th, Gordy of the 15th, Tribble of the 3rd, Thomas of the 54th, Heard of the 29th,

1050

JOURNAL OP THE HOUSE,

Gillis of the 20th, Rowan of the 8th, Holloway of the 12th, Plunkett of the 30th, Ellis of the 44th, Gayner of the 5th, Hunt of the 26th, Loggins of the 53rd, Webb of the llth, Yancey of the 33rd and Owens of the 49th:

A RESOLUTION

Requesting the two United States Senators from Georgia to intro duce legislation to limit the jurisdiction of the Federal Courts in certain cases.

WHEREAS, on June 15, 1964, the Supreme Court of the United States, by a narrow majority, ruled that state legislatures having two houses are required by the 14th Amendment to the Constitution to apportion both houses on the basis of population; and

WHEREAS, that ruling flies in the fact of American tradition and is contrary to the concept of a Republican form of government, which Article 4, Section 4 of the Constitution of the United States requires be guaranteed to each state; and

WHEREAS, the narrowness of the majority in such decision empha sizes the danger to America of a court, from which no appeal will lie, having unlimited and unrestrained jurisdiction; and

WHEREAS, as a result of such decision the minority will thus be stripped of all protection, checks and balances against the unrestrained power and will of the majority; and

WHEREAS, Article 3, Section 1 of the Constitution provides that Congress may from time to time ordain and establish inferior Federal Courts which provision also authorizes the granting or denying of the jurisdiction of such courts; and

WHEREAS, Article 3, Section 2, Paragraph 2 provides that in all cases except those affecting Ambassadors, Public Ministers and Counselors, and those in which a state shall be a party, the Supreme Court shall have only appellate jurisdiction and provides that the Congress may make exceptions and regulations concerning such ap pellate jurisdiction:

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that we hereby call on our two United States Senators--Richard B. Russell and Herman E. Talmadge--to propose in the Congress of the United States, a statute to:
(a) divest the inferior courts created by it of any and all juris diction to consider, hear and determine, any case involving the appor tionment of a state legislature; and
(b) divest the Supreme Court of the United States of any and all appellate jurisdiction in connection with such cases.

MONDAY, JUNE 22, 1964

1051

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

SB 15. By Senator Harrison of the 48th: A Bill to be entitled an Act to amend an Act providing and establishing a new charter for the City of Winder, so as to provide that the mayor shall not be eligible for re-election to the office of mayor after expira tion of a fourth term until a period of two years shall have elapsed and for other purposes.
The following amendment was read and adopted:
Paris of Barrow moves to amend SB 15 as follows:
By striking from the first sentence of Section 2 the following:
"Not later than October 16, 1964" and inserting in lieu thereof "Not later than August 7, 1964".

The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.
On the passage of the Bill, as amended, the ayes were 120, nays 0.

The Bill, having received the requisite constitutional majority, was passed, amended.
The following Resolution of the House was taken up for the purpose of considering the Senate amendment thereto:

HR 63-68. By Messrs. Newton and Matthews of Colquitt:
A Resolution proposing an amendment to the Constitution so as to clarify certain provisions relative to the Moultrie-Colquitt County Development Authority insofar as the extent of the Authority's opera tions are concerned, and for other purposes.

The following Senate amendment was read:
The Committee on Rules offers the following amendment to HR 63-68:

1052

JOURNAL OF THE HOUSE,

By striking in their entirety the third from the last and the next to the last quoted paragraphs of Section 1 and substituting in lieu there of the following:

"'(7) To encourage and promote the expansion of industry, agriculture, trade and commerce in Colquitt County, and to make long range plans therefor;

'I. The Authority is hereby authorized to issue Revenue Bonds to carry out the purposes of this amendment. Revenue Bonds so issued shall be paid from the income of the Authority from what ever sources received including appropriations of public funds made to it. Such Revenue Bonds may be authorized by resolution of the Moultrie-Colquitt County Development Authority which may be adopted at a regular or special meeting by a majority vote of the members of said Authority. Said Authority in determining the cost of any undertaking for which Revenue Bonds are to be issued may include all costs relative to the issuance thereof as well as engineering, inspection, fiscal and legal expenses, and interest estimated to accrue during the construction period, and for six months thereafter and such bonds shall bear such date or dates, mature at such time or times, not exceeding thirty years from their respective dates, bear interest at such rate or rates not ex ceeding six per cent per annum, and may be in such denominations and may carry such registration privileges and be subject to re demption and may contain such terms, covenants, assignments and conditions as the Resolution authorizing the issuance of such bonds may provide. All bonds and the interest thereon so issued by said Authority are hereby declared to be non-taxable for any and all purposes. Such bonds issued by the said Authority shall be validated in the Superior Court of Colquitt County in the same manner as revenue bonds of municipalities are validated as provided in Code Sections 87-815 et seq of the Code of Georgia. In the event no bill of exceptions shall be filed within the time prescribed by law, or if filed, the judgment shall be affirmed by the Supreme Court or the Court of Appeals, the judgment of the Superior Court, confirming and validating the issuance of such bonds, shall be forever con clusive as to the validity of said bonds and the security therefor against such Authority.' "

Mr. Newton of Colquitt moved that the House do agree to the Senate amend ment.
On the motion to agree, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Acree Alien

Anderson Arnsdorff Ballard

Barber Baughman Beck

Bedgood Black Blair Blalock, E. Bolton Bowen, A. Bowen, R. L. Bowen, R. W. Brackin Branch Brooks, Wilson Brown Busbee Bynum Byrd Caldwell Carr Causby Chandler Clarke, H. G. Coker, G., Dr. Coker, R. Conger Davis Deen, H. D. Dennard DeVane Dixon Duncan, A. C. Duncan, J. E. Echols Flournoy Floyd Fowler, A. A., Jr. Fowler, J. W. Fulford Funk Gibbons Griffin Groover Hall Harrell Harris Henderson Herndon House Houston Hurst

MONDAY, JUNE 22, 1964
Isenberg Johnson, A. S., Dr. Johnson, B. Jones, C. M. Jones, F. C. Jones, M. Jordan, J. E. Killian Kirkland Knight, D. W. Knight, W. D. Laite Lane Lee, G. B. Lee, W. J. (Bill) Lee, Wm. S. Leonard Lewis Lindsey Logan Lokey Lowrey Mackay Matthews, C. McClelland McDonald McKemie Meeks Melton Milford Milhollin Mitchell Moate Moore Morgan, H. Nessmith Newton, A. S. Newton, D. L. Odom Overby Paris Parker Partridge Payton Perry Peterson Ponsell Pope

1053
Poss Rainey Raulerson Reaves Richardson Roberts Rogers, Jimmie Roper Rowland Russell Scarborough Sewell Shea Shuman Simmons Simpson Sinclair Smith, A. C., Jr. Smith, Chas. C. Smith, E. B., Jr. Smith, G. L. II Snow Spikes Stalnaker Steis Story Tabb Todd Tucker, Ray M. Twitty Underwood, J. C. Underwood, R. R. Vaughn Walker Ware Watson Watts Wells, D. W. Wells, H. H. White Wiggins Wilkes Williams, G. J. Williams, W. M. Wilson, Hoke Wilson, J. M. Woodward Hudgins

Those not voting were Messrs.:

Andrews Bagby Bell

Blalock, D. B. Bowen, R. P. Brantley

Brooks, Geo. B. Clark, J. T. Conner

1054
Cullens Dean, N. Dicus Dorminy Etheridge Fleming Flynt Greene Hale Harrington Hill Horton Hull Jones, D. C. Jordan, W. H.

JOURNAL OP THE HOUSE,

Keadle Kelly Keyton Lambert Matthews, D. R. McCracken Mixon Morgan, J. H. Mullis Murphy Pafford Phillips Pickard Poole Rhodes

Rodgers, H. B. Rutland Singer Smith, R. R. Smith, V. T. Strickland Stuckey Teague Towson Tucker, J. B. Tucker, M. K. Warren Smith, G. T.

On the motion to agree, the ayes were 153, nays 0.

The Senate amendment to HR 63-68 was agreed to.
The following Bill of the Senate was taken up for the purpose of considering the report of the Committee on Conference thereon:

SB 1. By Senators Garlton of the 21st, Webb of the llth, Jackson of the 16th, Gillis of the 20th and Zorn of the 6th:
A Bill to be entitled an Act to provide a comprehensive revision of the election and primary laws and all related laws of this State, and for other purposes.

The following report of the 2nd conference committee was read:
The Conference Committee on SB No. 1 adopts the following report:
(1) The Senate recedes from its position in disagreeing to House amendments numbers 2, 3, 4, 5, 6, 11, 13, 14, 15, 16, 18, 19, 21, 22, 25, 26, 32, 36, 38, 41, 46, 49, 52, 53, 54, 55, 67, 68, 72, 73, 74, 77, 78, 81, 82, 83, 84, 85, 86, 89, 90 and 91.
(2) That the Senate recedes from its position in disagreeing to House amendment No. 1.
(3) That the House and the Senate recede from their respective positions on House amendment No. 7 and adopt in lieu thereof the following:
By striking from Section 34-105 the words "day prior to such full number of days" and by inserting in lieu thereof the words "last day".

MONDAY, JUNE 22, 1964

1055

(4) That the House and the Senate recede from their respective positions on House amendment No. 8 and adopt in lieu thereof the following:

By striking Section 34-107 in its entirety and by inserting in lieu thereof the following:
"Section 34-107. Person convicted of certain crimes not to be eligible for nomination or election to public office or serve as pri mary or election official. No person shall be eligible for party nomination for or election to public office or shall perform any of the official acts or duties set forth in this Code in connection with any election or primary held under the provisions hereof as an ordinary, registrar, deputy registrar, poll officer or party officer, who has been convicted and sentenced in any court of competent jurisdiction for fraudulent violation of primary or election laws, malfeasance in office, felony, or crime involving moral turpitude, under the laws of this State, or any other State or of the United States, unless on appeal such conviction shall have been set aside or unless such person shall have been pardoned. In the event of disqualification of the ordinary, as above set forth, the Clerk of the Superior Court shall act in his stead."

(5) That the House and the Senate recede from their respective positions on House amendment No. 9 and adopt in lieu thereof the fol lowing:
By striking Chapter 34-2 in its entirety and by inserting in lieu thereof a new Chapter to read as follows:
"Chapter 34-2. State Election Board.
"Section 34-201. Creation; seal; by-laws; advisors; meetings of Board; minutes of meetings, (a) There is hereby created a State Board to be known as the 'State Election Board' to be composed of the Secretary of State, an elector to be elected by a majority vote of the Senate of the General Assembly, and an elector to be elected by a majority vote of the House of Representatives of the General Assembly. The members to be elected by the respective Houses of the General Assembly shall serve a term of two years, said term to be concurrent with the terms of the members of the House of Representatives, and shall serve until their successors are duly elected and qualified. The elected members of the Board shall be subject to being removed at any time during their term by a majority vote of the House by which they were elected. No per son while a member of the General Assembly shall serve as a member of the Board. If this Board should become effective at a time when the General Assembly is not in session, then the President of the Senate shall thereupon appoint an elector to serve on the Board until the next session of the General Assembly, at which time an elector shall be elected by the Senate; and the Speaker of the House of Representatives shall thereupon appoint an elector to serve on the Board until the next session of the General As sembly, at which time an elector shall be elected by the House. In

1056

JOURNAL OF THE HOUSE,

the event a vacancy should occur or exist in the office of an elected or appointed member of the Board at a time when the General Assembly is not in session, then the President of the Senate shall thereupon appoint an elector to fill the unexpired term of such member if the prior member was elected by the members of the Senate or appointed by the President of the Senate, and the Speaker of the House of Representatives shall thereupon appoint an elector to fill the unexpired term of such member if the prior member was elected by the members of the House of Representatives or appointed by the Speaker of the House of Representatives. Any member appointed to fill any unexpired term shall serve until the next session of the General Assembly after his appointment, at which time new members shall be elected as hereinbefore provided. The Secretary of State shall be the Chairman of the Board. Two members of the Board shall constitute a quorum, and no vacancy on the Board shall impair the right of qualified members to exer cise all the powers and perform all the duties of the Board. The Board shall adopt a seal for its use, and by-laws for its own govern ment and procedure.

(b) The State executive committee of each political party shall have the privilege of from time to time appointing a member of its party to act as an adviser to the Board. Such committee shall certify each appointment in writing to the Chairman of the Board which shall remain in effect until rescinded or superseded by later appointment. At each meeting, the Board shall consult with and receive the advice of each adviser present upon the matters under consideration, provided, however, that an adviser shall have no vote nor otherwise exercise any control over the Board in the exercise of its powers or in the performance of its duties under this Code. An adviser shall receive no compensation from public funds.
(c) Meetings shall be held whenever necessary for the per formance of the duties of the Board on call of the Chairman or two of its members. Minutes shall be kept of all meetings of the Board and a record kept of the vote of each member on all questions coming before the Board. The Chairman shall give to each member of the Board and to each adviser prior notice of the time and place of each meeting of the Board.

Section 34-202. Duties of the Board. It shall be the duty of the State Election Board:
(a) To so coordinate the work of the Secretary of State, the ordinaries, the poll officers, and other officials, as to obtain uni formity in their practices and proceedings and legality and honesty in all elections.
(b) To formulate, adopt and promulgate such rules and regula tions, consistent with law, as will be conducive to the fair, legal and orderly conduct of elections; and upon the adoption of each rule and regulation, the Board shall promptly file certified copies there of with the Secretary of State and each ordinary, provided, how-

MONDAY, JUNE 22, 1964

1057

ever, no rule or regulation shall be effective until sixty days after the same shall have been adopted and promulgated.
(c) To publish and furnish to election officials, from time to time, a sufficient number of indexed copies of all rules and regula tions adopted by the Board.

(d) To investigate when necessary or advisable the administra tion of election laws, and frauds and irregularities in elections and to report violations of the election laws to the appropriate solicitorgeneral for further investigation and prosecution. The findings of such an investigation and any report concerning same shall not be publicly disclosed unless ordered by the grand jury of the county in which the alleged fraud or irregularity occurred within twelve months from the time the report is submitted as provided herein, except the same may be made public prior thereto in a court of law when relevant to a proceeding therein.

(e) To make such recommendations as it may deem advisable to the General Assembly relative to the conduct and administration of primaries and elections; and

(f) To employ such assistants as may be necessary.

Section 34-203. Authority of Board to institute or intervene in court actions; notice to Board.

(a) The State Election Board shall have the right to institute, or to intervene as a party in, any action in any court of this State or of the United States, seeking mandamus, injunctive or other relief to compel compliance with any election or primary law of the State, or of any valid rule or regulation of the Board, or to restrain or otherwise prevent or prohibit any fraudulent or other illegal conduct in connection therewith including the right to seek such relief for any anticipatory breach.

(b) Any petition seeking any of the relief authorized in sub section (a) above shall be filed in the superior court of the resi dence of the superintendent charged with the conduct of the election or primary in which it is alleged that there was or will be fraud or other illegal conduct, and all proceedings shall be heard and presided over by that judge of the superior court of a judicial circuit adjoining that in which such county is located who is senior in time of service, and in case of disqualification of such judge or in the event of the refusal of such judge to act, by that judge who is next senior in time of service. In the event any temporary order is sought, the petition may be presented to such judge prior to its filing for consideration of the application for such order.

(c) In the event, in the opinion of the judge presiding over such cause, adequate relief cannot otherwise be granted to assure compliance with said laws, rules and regulations, the judge may enter such order concerning the conduct of such election or primary which he shall deem necessary to assure compliance, including the

1058
"** -T ': ';,; ,,.-!/;:,. .-.-

JOURNAL OP THE HOUSE,
right to require such election or primary to be held under the supervision of the State Election Board.
(d) Upon any action being filed in any court of this State seeking relief affecting the calling, holding, conduct, determination, result, tabulation or certification of any election or primary, except those instituted by the State Election Board, the State Election Board shall be served with a copy of the proceeding, by serving the same on the Chairman thereof by mailing a copy to the Chair man by certified or registered mail, and a certificate that such service has been made shall be filed by the plaintiff or his attorney.
(e) Any verdict, judgment, decree, order, ruling or other judicial action in such cases shall be subject to review by the appellate court having jurisdiction thereof by direct bill of ex ceptions as provided by law. It shall be the duty of the proper appellate court to consider application for stays or supersedeas in such cases without regard to whether any bill of exceptions has been certified or the record docketed in such cases.
Section 34-204. Evidence; hearing; witness in contempt. The State Election Board may examine on oath any person concerning any matter connected with or bearing on the proper discharge of its duties, and any member of the Board may administer such oath. The Board shall have full power to send for persons and papers, and to compel the witnesses to answer under oath touching any questions which may properly come before the Board and to take, through its agent, the depositions of witnesses. The Board, in investigating the administration of primary and election laws within a county or any frauds or irregularities in primaries and elections held therein, shall conduct each hearing concerning same at a place within such county. No witness shall be compelled to attend if he should reside more than one hundred miles from the place of hearing by the nearest practical route, provided, however, that the Board may compel the taking of his testimony by deposition in the county of the residence of the witness. The sheriff of any county, or his deputy, or agent of the Board, shall serve all processes issued by the Board, or the same may be served by United States registered or certified mail and the production of an appropriate return receipt issued by the United States Post Office shall constitute prima facie evidence of such service. In case of the refusal of any person subpoenaed to attend or testify, such facts shall be reported forthwith by the Board to the appropriate superior court, or to a judge thereof, and such court or judge shall order such witness to attend and testify, and, on failure or refusal to obey such order, such witness shall be dealt with as for con tempt. Any witness so subpoenaed, and after attending, shall be allowed and paid the same mileage and fee as now allowed and paid witnesses in civil actions in the superior court.
Section 34-205. Compensation of Members of Board. Each member of the State Election Board shall receive a per diem of $25.00 for each day spent in the work of the Board and shall re ceive his necessary travelling, food and lodging expenses incurred in the performance of his duty, to be paid by the Secretary of State; provided, however, that the Chairman of the Board shall receive no per diem."

MONDAY, JUNE 22, 1964

1059

(6) That the House recedes from its position on House amend ment No. 10.

(7) That the House recedes from its position on House amend ment No. 12.

(8) The House and the Senate recede from their respective positions on House amendment No. 17 and adopt the following in lieu thereof:
By striking the title of Section 34-603, and by striking Subsection (a) of Section 34-603 and inserting in lieu thereof the following:
"Section 34-603. County registrars; designation; appointment; terms of office; compensation; duties of chief registrar; appoint ment in counties of over 500,000 in population.-- (a) The judge of the superior court in each county or the senior judge, in time of service, in those counties having more than one judge, shall appoint quadrennially, upon the recommendation of the grand jury of such county, three judicious, intelligent and upright electors of such county as county registrars. The grand jury shall submit to the judge the names of six such electors and the appointments shall be made therefrom and shall be entered on the minutes of the court. When making such appointments, the judge shall designate one of the registrars as chief registrar who shall serve as such during his term of office, and such designation shall likewise be entered on the minutes of the court. It shall be the duty of the clerk of the superior court to certify the appointments and desig nation to the Secretary of State, within thirty days after the ap pointments and designation, and commissions shall be issued as for county officers. When certifying such names to the Secretary of State, the clerk of the superior court shall also list the addresses of the registrars. The registrars shall serve for a term of four years and until their successors are appointed and qualified, except in the event of resignation or removal as hereinafter provided. Such judge shall have the right to remove one or more of such registrars, at any time, for cause after notice and hearing. Any registrar shall have the right to resign at any time by submitting a resignation to such judge. In the event of any such removal or resignation of a registrar, his duties and authority as such shall terminate instanter. In case of the removal, death or resignation of a registrar, the judge shall appoint a successor who shall serve until the next grand jury convenes, at which time the grand jury shall submit to the judge the names of two judicious, intelligent and upright electors of such county, and the judge shall make his appointment from said list, such successor to serve the unexpired term of his predecessor in office. In the event the grand jury is in session at the time of any such death, removal or resignation, then such grand jury shall immediately submit the names of said electors to the judge for his appointment. Each such appointment or change in designation shall be entered on the minutes of the court and certified as herein provided."
(9) That the Senate recedes from its position in disagreeing to House amendment No. 20.

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JOURNAL OF THE HOUSE,

(10) That the House and the Senate recede from their respective positions on House amendment No. 23 and adopt in lieu thereof the following:

By striking from the title of Code Section 34-611 the words "fortyfive" and by inserting the word "fifty".

By striking from Code Section 34-611 the words "forty-sixth" and by inserting in lieu thereof the words "fifty-first."

(11) That the Senate recedes from its position in disagreeing to House amendment No. 24.

(12) That the House and the Senate recede from their respective positions on House amendment No. 27 and adopt the following in lieu thereof:

By striking the words "forty-five" in all places they appear in Code Section 34-625 and by inserting in line thereof the word "fifty" in all such places.

(13) That the Senate recedes from its position in disagreeing to House amendment No. 28.

(14) That the Senate and the House recede from their respective positions on House amendments Nos. 29 and 30, and adopt the following in lieu thereof:

By striking Subsection (b) of Section 34-629 and by inserting in lieu thereof a new Subsection (b) to read as follows:
"(b) In any election held in an election district (not con taining the county courthouse) in which no question is printed on the ballots or ballot labels to be used in such district and in which no candidate, whose name is printed on such ballots and ballot labels, is opposed by any candidate whose name is also printed thereon, then the polling place in such district shall not be estab lished and the registrars shall furnish to the managers of the polling place in the election district containing the county court house the list of electors of such district in which no polling place is established, and the electors whose names appear on such list shall be allowed to vote in the election district containing the county courthouse, under the same rules that would have governed if a polling place had been established in their district."

(15) That the House recedes from its position as set out in House amendment No. 31.

(16) That the Senate recedes from its position in disagreeing to House amendment No. 33.

(17) That the Senate recedes from its position in disagreeing to House amendment No. 34.

MONDAY, JUNE 22, 1964

1061

(18) That the House and the Senate recede from their respective positions on House amendment No. 35, and adopt in lieu thereof the following:

By striking Section 34-801 in its entirety and by inserting in lieu thereof a new Section to read as follows:

"Section 34-801. General Primaries. Whenever a political party, who elected the most members of the General Assembly at the last November election as compared with the number of mem bers of the General Assembly elected by any other political party, shall hold a primary to nominate candidates for public office to be filled in the ensuing November election, the same shall be held on the fourth Wednesday in August in each even-numbered year. Whenever any other political party shall hold a primary to nomi nate candidates for public office to be filled in the ensuing Novem ber election the same shall be held on the fourth Wednesday in September in each even-numbered year. The preceding provisions of this Section shall not apply to primaries held to nominate candi dates for public offices to be filled in the November election of 1964, and upon the holding of such election this sentence shall be automatically repealed."

(19) That the House recedes from its position as set out in House amendment No. 37.

(20) That the House and Senate adopt the following:

By striking from Subsection (a) of Code Section 34-901 the word "thirty" and by inserting in lieu thereof the word "sixty".

(21) That the House recedes from its position as set out in House amendment No. 39.

(22) That the Senate recedes from its position in disagreeing to House amendment No. 40.

(23) That the House and the Senate adopt the following:

By striking Subsections (b) and (c) of Section 34-904 and by in serting in lieu thereof new Subsections (b) and (c) to read as follows:
"(b) During the period of thirty days following the filing of such petition, the State executive committee shall make such in vestigation and shall take such other action as is necessary to de termine the merits of the petition. If the State committee de termines that an investigative hearing is warranted, it shall con duct such hearing and shall give prior notice of the time and place thereof to all interested parties. Any witness attending the hearing shall be sworn prior to testifying.

(c) On or before the thirtieth day after the filing of such peti tion the State committee shall either render a report to the petitioner

1062

JOURNAL OP THE HOUSE,

containing its findings as to whether fraud or irregularity existed in such primary, or shall issue an order denying the petition; and a copy of same shall be filed with the chairman of the county executive committee. A copy of any such report, which contains
findings of substantial fraud or irregularity, shall be filed by the State committee with the solicitor-general and the grand jury of the county involved; and the State committee shall also make avail able to them any evidence in its possession which supports such findings."

By striking from Subsection (d) of Code Section 34-904 the word "twenty" and by inserting in lieu thereof the word "thirty".

(24) That the Senate recedes from its position in disagreeing to House amendment No. 42.

(25) That the House and the Senate adopt the following:

By striking the words "forty-five" in both places where they appear in Subsection (b) of Code Section 34-1001 and by inserting in lieu there of in both such places the words "thirty" and by striking the words "sixty-five" in said Subsection (b) of Code Section 34-1001 and by inserting in lieu thereof the words "fifty".

(26) That the House and the Senate recede from their respective positions on House amendment No. 43, and adopt the following in lieu thereof:

By striking the last sentence contained in Section 34-1002 and by inserting in lieu thereof a new sentence to read as follows:

"The provisions of this Section shall not apply to candidates seeking party nomination for or election to the governing authority of a county during the year 1964, and such candidates shall be governed by the county executive committee rules in any such pri maries and in accordance with any local act establishing such governing authority in the case of said election; and this sentence shall be automatically repealed effective January 1, 1965."

(27) That the Senate and the House recede from their respective positions on House amendments No. 44 and 45, and adopt in lieu thereof the following:

By striking Code Section 34-1006 in its entirety and by inserting in lieu thereof a new Code Section 34-1006 to read as follows:

"Section 34-1006. Qualification of Candidates. All candidates for party nomination or party office in a primary shall qualify as such candidates in accordance with the rules of their party. In the case of a general primary, the candidates shall qualify at least forty-five days prior to its date, and in the case of a special pri mary, at least fifteen days prior to its date; and a party shall fix on other qualification deadline. The preceding sentence shall

MONDAY, JUNE 22, 1964

1063

not apply to the qualification of candidates seeking party nomi nation in any general primary to be held on September 9, 1964, or in any primary held prior to the said date, and upon the holding of the last of such general primaries this sentence shall be auto matically repealed."

(28) That the Senate and the House adopt the following:

By striking from Subsection (a) of Section 34-1007 the words, "established by the ordinary or ordinaries" and by inserting in lieu thereof the words "in each election district."

(29) That the House and the Senate recede from their respective positions on House amendment No. 47 and adopt in lieu thereof the
following:

By striking from Subsection (c) of Code Section 34-1010 the fol lowing: ", and shall also add the name of his election district, if known".

(30) That the Senate recedes from its position in disagreeing to House amendment No. 48.

(31) That the House and the Senate recede from their respective positions on House amendment No. 50, and adopt the following in lieu thereof:

By striking from the last sentence of Section 34-1104 the word "back" in both places where it appears and by inserting in lieu thereof the word "front".

By adding at the end of said Section a new sentence to read as follows: "The number strip on the ballot shall also have the following words printed thereon: 'Tear off before depositing ballot in ballot box'."

(32) That the House and the Senate recede from their respective positions on House amendment No. 51 and adopt in lieu thereof the following:

By adding a new sentence at the end of Code Section 34-1105 to read as follows: "Upon receiving any such request, said official shall determine whether the surnames of the candidates are of such a similar nature as to warrant printing the occupation or residence of any such candidate on the ballot, and the decision of such official shall be con clusive."
(33) That the Senate recedes from its position in disagreeing to House amendment No. 56.
(34) That the Senate recedes from its position in disagreeing to House amendment No. 57.
(35) That the House recedes from its position as sat out in House amendment No. 58.

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JOURNAL OP THE HOUSE,

(36) That the Senate recedes from its position in disagreeing to House amendment No. 59.

(37) That the Senate recedes from its position in disagreeing to House amendment No. 60.

(38) That the House and the Senate recede from their respective positions on House amendment No. 61 and adopt in lieu thereof the following:

By striking Subsection (d) of Section 34-1316 in its entirety and by substituting in lieu thereof a new Subsection to read as follows:

"(d) After marking the ballot card, the elector shall then leave the compartment and exhibit his ballot card number strip to a poll officer. The elector, unless his vote is 'challenged' shall remove the number strip in the presence of a poll officer before depositing the ballot card in the ballot box. If the vote is "challenged', then the ballot card with the number strip attached shall be placed in an envelope provided for that purpose which envelope shall be marked 'challenged'."

(39) That the House and the Senate recede from their respective positions on House amendment No. 62 and adopt in lieu thereof the following:

By striking Code Section 34-1317 in its entirety and by inserting in lieu thereof the following:
"Section 34-1317. Assistance in voting, (a) No elector shall receive any assistance in voting at any primary or election: Unless he is unable to read the English language; or there is recorded upon the electors list a reference to his declaration that he has a physical disability which renders him unable to see or mark the ballot or operate the voting machine or vote recorder, or to enter the voting compartment or booth without assistance, the exact nature of such disability being recorded on the electors list, and unless the poll officers are satisfied that he still suffers from the same disability; or unless he acquired such a physical disability after the time of registration and the poll officers are satisfied that he still suffers therefrom. Before an elector shall be permitted to receive assistance, he shall take an oath which shall be admin istered to him and placed in writing by a manager, giving the reason why he requires assistance. The name of each person assisting the elector shall be endorsed on the oath.

(b) Any elector who is entitled to receive assistance in voting under the provisions of this Section shall be permitted by the managers to select (i) any elector except a poll officer, who is a resident of the election district in which the elector requiring as sistance is attempting to vote; or (ii) the mother, father, sister, brother, spouse or child of the elector entitled to receive assistance, to enter the voting compartment or booth with him to assist him in voting, such assistance to be rendered inside the voting compart-

MONDAY, JUNE 22, 1964

1065

ment or booth. No person shall assist more than ten such electors in any primary or election.

(c) The oaths of assisted electors shall be returned by the chief manager to the superintendent who shall deliver same to the board of registrars. If such physical disability was acquired after the time of registration and if it appears to be permanent, the registrars shall record the need for voting assistance on subsequent electors lists for so long as the disability shall continue. The oaths of assisted electors shall be available for public inspection."

(40) That the Senate and the House recede from their respective positions on House amendment No. 63, and that the following be adopted in lieu thereof:

By striking the first sentence of Subsection (a) of Section 34-1321 in its entirety and by inserting in lieu thereof the following: "After the polls close at 7:00 o'clock p.m. and as soon as all the ballots have been properly accounted for, and those outside the ballot box, as well as the voters certificates, numbered list of voters and electors list have been sealed, the poll officers shall open the ballot box and take there from all ballots contained therein."

(41) That the House and the Senate recede from their respective positions on House amendment No. 64, and adopt in lieu thereof the following:

By striking the second sentence of Subsection (b) of Section 34-1405 in its entirety.

(42) That the House and the Senate recede from their respective positions on House amendment No. 65 and adopt in lieu thereof the following:

By adding a new Subsection to Code Section 34-1406 to be known as Subsection (c) to read as follows:

"(c) Anything in this Code to the contrary notwithstanding, a physically disabled elector may appear before any notary public of the State of Georgia for the purpose of voting an absentee ballot which he has received on the ground of physical disability."

(43) That the House recedes from its position as set out in House amendment No. 66.

(44) That the House and the Senate recede from their respective positions on House amendment No. 69 and adopt in lieu thereof the following:

By striking the last sentence of Code Section 34-1514 and by in serting in lieu thereof a new sentence to read as follows: "The pro visions of this Section shall not apply to candidates seeking party nomination for or election to the governing authority of a county during

1066

JOURNAL OF THE HOUSE,

the year 1964, and such candidate shall be nominated in the manner prescribed by the rules of the county executive committee of his county in the case of a primary, and by the provisions of any local act establish ing such governing authority in the case of an election; and this sentence shall be automatically repealed on January 1, 1965."

(45) That the Senate recedes from its position in disagreeing to House amendment No. 70.

(46) That the Senate recedes from its position in disagreeing to House amendment No. 71.

(47) That the House recedes from its position as set out in House amendment No. 75.

(48) That the House and the Senate recede from their respective positions on House amendment No. 76 and adopt in lieu thereof the following:

By striking Subsection (a) of Section 34-1707 in its entirety and by inserting in lieu thereof a new Subsection (a) to read as follows:

"(a) All issues of a contest shall be fully tried and determined by the court, without the aid and intervention of a jury, unless a litigant to the contest shall demand a trial by jury at any time prior to the call of the case, and the court shall determine that it
is an issue, which under other laws of this State, the litigant is entitled to have tried by a jury. Upon such determination, a jury shall be impaneled and the cause shall proceed according to the practice and procedure of the court in jury cases."

(49) That the Senate recedes from its position in disagreeing to House amendment No. 79.

(50) That the House recedes from its position as set out in House amendment No. 80.

(51) That the House and the Senate recede from their respective positions on House amendment No. 87 and adopt in lieu thereof the following:

By striking Subsection (a) of Code Section 34-1920 in its entirety and by inserting in lieu thereof a new Subsection (a) to read as follows:
"(a) Permits any unregistered person to vote at any primary or election, knowing such person is unregistered; or,".

(52) That the House recedes from its position as set out in House amendment No. 88.

(53) That the Senate recedes from its position in disagreeing to House amendment No. 92.

MONDAY, JUNE 22, 1964

1067

(54) That the Senate recedes from its position in disagreeing to House amendment No. 93.

(55) That the Senate and the House adopt the following:

By adding after Code Section 34-1937 new Code Sections to be known as Code Section 34-1938 and 34-1939 to read as follows:

"Section 34-1938. Unauthorized Campaign Activities. Any person who violates any provision of Code Section 34-1307 shall be guilty of a misdemeanor.

"Section 34-1939. Count and return of votes. Any poll officer who shall count any votes before the close of the polls or before the last person has voted, whichever occurs later in point of time, on the day of any primary or election shall be guilty of a mis demeanor."

By renumbering the subsequent Sections accordingly.

(56) That the House and the Senate recede from their respective positions on House amendment No. 94 and adopt the following in lieu thereof:

By striking newly numbered Section 34-1940 in its entirety and by inserting in lieu thereof a new Section to read as follows:

"Section 34-1940. Punishment for felonies. Each person con victed of a crime declared to be a felony under the provision of this Code shall be punished by a fine not to exceed Two Thousand Dollars ($2,000.00) or imprisonment of not less than one year nor
more than three years or both in the discretion of the trial court; or may be punished as for a misdemeanor in the discretion of the trial court."

(57) That the Senate and the House recede from their respective positions on House amendment No. 95 and adopt in lieu thereof the following:
By striking newly numbered Section 34-1941 in its entirety and by inserting in lieu thereof a new Section to read as follows:

"Section 34-1941. Punishment for misdemeanors. Each person convicted of a crime declared to be a misdemeanor under the pro visions of this Code shall be punished by a fine not to exceed One Thousand Dollars ($1,000.00), confinement in the county jail or other place of imprisonment not to exceed six months, to work on the public works in such public works camp or other appropriate institution under the jurisdiction of the State Board of Corrections not to exceed twelve months, any one or more of these punishments in the discretion of the trial judge."

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(58) That the House and the Senate adopt the following:
By striking from Subsection (a) of Section 34-2001 the last sentence which reads as follows: "Provided, however, nothing contained herein shall be construed to repeal Code Section 34-2301 relating to Congres sional Districts and said Code Section shall remain of full force and effect."

(59) That the House and the Senate adopt the following:
By striking Subsection (at) of Section 34-2001 in its entirety and by inserting in lieu thereof a new Subsection (at) to read as follows:
"(at) An Act providing for absentee voting by the military, approved February 26, 1953 (Ga. Laws 1953, Jan.-Feb. Sess., p. 244), as amended; provided, however, nothing herein shall be con strued so as to repeal Paragraph 2 of Section 8 of this Act, as amended, particularly by an Act approved October 5, 1962 (Ga. Laws 1962, E. S. Sept.-Oct., p. 13). Said Paragraph 2 of Section 8 shall be retained in full force and effect until January 1, 1965, at which such time said Section shall be automatically repealed and shall be null, void and of no force and effect;".

(60) That the House and the Senate recede from their respective positions on House amendment No. 96 and adopt the following in lieu thereof:
"Section 34-2004. Express retentions, (a) Code Section 34-2301 relating to the Congressional Districts and the composition thereof so as to designate the counties and portions thereof which shall compose the Congressional Districts of this State, as amended by an Act approved March 13, 1964 (Ga. Laws 1964, pp. 478-481) is expressly retained and shall not be construed as being repealed by the provisions of this Code. Such Code Section 34-2301 is hereby redesignated as Section 34-1801 and placed in a chapter entitled 'Chapter 34-18. Congressional Districts.', and such Chapter is here by made a part of this Code and is hereby inserted between Chapters 34-17 and 34-19 of this Code.
(b) That Act approved March 13, 1964 (Ga. Laws 1964, pp. 478-481) relating to the composition of the Congressional Districts of this State is hereby expressly retained in full force and effect.
(c) Paragraph 2 of Section 8 of an Act providing for absentee voting by the military approved February 26, 1953 (Ga. Laws 1953, Jan.-Feb. Sess., p. 244), as amended, particularly by an Act approved October 5, 1962 (Ga. Laws 1962, E.S. Sept.-Oct., p. 13) shall not be construed as being repealed by the provisions of this Code but shall remain of full force and effect until January 1, 1965, at which such time said Section shall be automatically repealed and shall be null, void and of no force and effect"

(61) That the Senate and the House adopt the following:

MONDAY, JUNE 22, 1964

1069

By striking the first sentence of Section 34-624 and by inserting in lieu thereof a new sentence to read as follows:

"Each elector whose name appears on such list, and who is not found to be disqualified subsequent to the filing of such list, shall be entitled to vote in any primary or election held during the period subsequent to the filing of such list and before the filing of the next such list; provided, however, that an elector, voting in the primary or primaries held by a single party for the nomination of candidates to seek public offices to be filled in an election, shall not vote in a primary held by any other party for the nomination of candidates to seek public offices to be filled in the same such election."
Respectfully submitted,
By: Carlton of 21st Rowan of 8th Gillis of 20th On behalf of the Senate
By: George D. Busbee Hale of Dade Bagby of Paulding On behalf of the House

Mr. Bolton of Spalding moved that the House agree to the 2nd Conference Committee Report.

On the motion to agree, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Arnsdorff
Bagby Bedgood Bell Blalock, D. B. Bolton Bowen, A. Bowen, R. L. Brackin Brantley Brown Busbee Byrd Carr Clarke, H. G. Coker, G., Dr. Coker, R.

Conger Dennard Dixon Duncan, A. C. Duncan, J. E. Flournoy Flynt Fowler, J. W. Gibbons Griffin Groover Hale Hall Harrell Hill Isenberg Johnson, A. S., Dr. Jones, F. C.

Jordan, J. E. Killian Kirkland Lee, W. J. (Bill) Lee, Wm. S. Lindsey Lowrey Matthews, C. McKemie Melton Morgan, H. Odom Overby Perry Peterson Phillips Poole Pope

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JOURNAL OF THE HOUSE,

Rogers, Jimmie Russell Scarborough Sinclair Smith, A. C., Jr. Smith, G. L. II Smith, V. T. Snow

Spikes Steis Strickland Tucker, J. B. Tucker, Ray M. Twitty Underwood, J. C. Vaughn

Those voting in the negative were Messrs.:

Alien Anderson Ballard Barher Baughman Beck Black Blair Blalock, E. Bowen, R. W. Branch Brooks, Wilson Bynum Causby Chandler Clark, J. T. Dean, N. Been, H. D. Dicus Dorminy Echols Fleming Floyd Fowler, A. A., Jr. Fulford Funk Greene Harrington Harris Henderson Herndon Horton House

Housjon
Hurst Jones, C. M. Jones, M. Kelly Keyton Knight, W. D. Laite Lane Lee, G. B. Leonard Lewis Logan Lokey Mackay Matthews, D. R. McClelland McCracken McDonald Meeks Milhollin Mitchell Moate Moore Morgan, J. H. Murphy Nessmith Newton, A. S. Pafford Paris Parker Partridge Pay ton

Those not voting were Messrs.:

Acree Andrews Bowen, R. P. Brooks, Geo. B. Caldwell Conner Cullens Davis DeVane
Etheridge

Hull Johnson Jones, D. C. Jordan, W. H. Keadle Knight, D. W. Lambert Milford Mixon Mullis

Ware Watts Wiggins Wilkes Williams, W. M. Woodward Hudgins
Pickard Ponsell Poss Rainey Raulerson Reaves Rhodes Richardson Roberts Rodgers, H. B. Roper Rowland Sewell Shea Shuman Simmons Simpson Smith, Chas. C. Smith, E. B., Jr. Smith, R. R. Stalnaker Story Tabb Todd Tucker, M. K. Underwood, R. R. Walker Wells, D. W. Wells, H. H. White Williams, G. J. Wilson, Hoke
Newton, D. L. Rutland Singer Stuckey Teague Towson Warren Watson Wilson, J. M. Smith, G. T.

MONDAY, JUNE 22, 1964

1071

On the motion to agree, the ayes were 77, nays 98.

The House has disagreed to the report of the 2nd Conference Committee.

Mr. Hale of Dade asked unanimous consent that the 2nd conference committee on SB 1 be discharged and a 3rd committee of conference be appointed.

The consent was granted and the Speaker appointed the following members as a 3rd committee of conference on SB 1.:

Messrs. Busbee of Dougherty, Hale of Dade and Bagby of Paulding.

Mr. Groover of Bibb arose on a point of personal privilege and addressed the House.

Messrs. Pafford of Lanier, Smith of Camden, Funk of Chatham, Melton of Spalding, and Odom of Dougherty arose on points of personal privilege and addressed the House.

The Speaker announced the House recessed until 2:00 p.m.

AFTERNOON SESSION The Speaker called the House to order at 2:00 p.m.

The following Bill of the Senate was again taken up for the purpose of considering the report of the 3rd conference committee thereon:

SB 1. By Senators Carlton of the 21st, Webb of the llth, Jackson of the 16th Gillis of the 20th and Zorn of the 6th:
A Bill to be entitled an Act to provide a comprehensive revision of the election and primary laws and all related laws of this State, and for other purposes.

The following Conference Committee report was read: Third Conference Committee Report on SB 1.

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JOURNAL OF THE HOUSE,

The Conference Committee on SB 1 adopts the following report:

(1) The Senate recedes from its position in disagreeing to House amendments numbers 2, 3, 4, 5, 6, 11, 13, 14, 15, 16, 18, 19, 21, 22, 25, 26, 32, 36, 38, 41, 46, 49, 52, 53, 54, 55, 67, 68, 72, 73, 74, 77, 78, 81, 82, 83, 84, 85, 86, 89, 90 and 91.

(2) That the Senate recedes from its position in disagreeing to House amendment No. 1.

(3) That the House and the Senate recede from their respective positions on House amendment No. 7 and adopt in lieu thereof the following:

By striking from Section 34-105 the words "day prior to such full number of days" and by inserting in lieu thereof the words "last day".

(4) That the House and the Senate recede from their respective positions on House amendment No. 8 and adopt in lieu thereof the following:

By striking Section 34-107 in its entirety and by inserting in lieu thereof the following:

"Section 34-107. Person convicted of certain crimes not to be eligible for nomination or election to public office or serve as pri mary or election official. No person, shall be eligible for party nomination for or election to public office or shall perform any of the official acts or duties set forth in this Code in connection with any election or primary held under the provisions hereof as an ordinary, registrar, deputy registrar, poll officer or party officer, who has been convicted and sentenced in any court of competent jurisdiction for fraudulent violation of primary or election laws, malfeasance in office, felony or crime involving moral turpitude, under the laws of this State, or any other State or of the United States, unless on appeal such conviction shall have been set aside or unless such person shall have been pardoned. In the event of disqualification of the ordinary, as above set forth, the Clerk of
the Superior Court shall act in his stead."

(5) That the House and the Senate recede from their respective positions on House amendment No. 9 arid adopt in lieu thereof the following:

By striking Chapter 34-2 in its entirety and by inserting in lieu thereof a new Chapter to read as follows:

"Chapter 34-2. State Election Board.

Section 34-201. Creation; seal; by-laws; advisers; meetings of Board; minutes of meetings, (a) There is hereby created a State Board to be known as the 'State Election Board' to be com posed of the Secretary of State, an elector to be elected by a ma-

MONDAY, JUNE 22, 1964

1073

jority vote of the Senate of the General Assembly, and an elector to be elected by a majority vote of the House of Representatives of the General Assembly. The members to be elected by the respective Houses of the General Assembly shall serve a term of two years, said term to be concurrent with the terms of the members of the House of Representatives, and shall serve until their successors are duly elected and qualified. The elected members of the Board shall be subject to being removed at any time during their term by a majority vote of the House by which they were elected. No person while a member of the General Assembly shall serve as a member of the Board. If this Board should become effective at a time
when the General Assembly is not in session, then the President of the Senate shall thereupon appoint an elector to serve on the Board
until the next session of the General Assembly, at which time an elector shall be elected by the Senate; and the Speaker of the House of Representatives shall thereupon appoint an elector to serve on the Board until the next session of the General Assembly, at which time an elector shall be elected by the House. In the event
a vacancy should occur or exist in the office of an elected or ap pointed member of the Board at a time when the General Assembly is not in session, then the President of the Senate shall thereupon appoint an elector to fill the unexpired term of such member if the prior member was elected by the members of the Senate or ap pointed by the President of the Senate, and the Speaker of the House of Representatives shall thereupon appoint an elector to fill the unexpired term of such member if the prior member was elected by the members of the House of Representatives or ap pointed by the Speaker of the House of Representatives. Any member appointed to fill any unexpired term shall serve until the next session of the General Assembly after his appointment, at which time new members shall be elected as hereinbefore provided. The Secretary of State shall be the Chairman of the Board. Two members of the Board shall constitute a quorum, and no vacancy on the Board shall impair the right of qualified members to exer cise all the powers and perform all the duties of the Board. The Board shall adopt a seal for its use, and by-laws for its own govern
ment and procedure.

(b) The State executive committee of each political party shall have the privilege of from time to time appointing a member of its party to act as an adviser to the Board. Such committee shall certify each appointment in writing to the Chairman of the Board which shall remain in effect until rescinded or superseded by later appointment. At each meeting, the Board shall consult with and receive the advice of each adviser present upon the matters under consideration, provided, however, that an adviser shall have no vote nor otherwise exercise any control over the Board in the exercise of its powers or in the performance of its duties under this Code. An adviser shall receive no compensation from public funds.

(c) Meetings shall be held whenever necessary for the per formance of the duties of the Board on call of the Chairman or two of its members. Minutes shall be kept of all meetings of the Board and a record kept of the vote of each member on all questions coming before the Board. The Chairman shall give to each member

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JOURNAL OF THE HOUSE,

of the Board and to each adviser prior notice of the time and place of each meeting of the Board.

Section 34-202. Duties of the Board. It shall be the duty of the State Election Board:
(a) To so coordinate the work of the Secretary of State, the ordinaries, the poll officers, and other officials, as to obtain uni formity in their practices and proceedings and legality and honesty in all elections.
(b) To formulate, adopt and promulgate such rules and regu lations, consistent with law, as will be conducive to the fair, legal and orderly conduct of elections; and upon the adoption of each rule and regulation, the Board shall promptly file certified copies thereof with the Secretary of State and each ordinary, provided, however, no rule or regulation shall be effective until sixty days after the same shall have been adopted and promulgated.
(c) To publish and furnish to election officials, from time to time, a sufficient number of indexed copies of all rules and regula tions adopted by the Board.
(d) To investigate when necessary or advisable the adminis tration of election laws, and frauds and irregularities in elections and to report violations of the election laws to the appropriate solicitor-general for further investigation and prosecution. The findings of such an investigation and any report concerning same shall not be publicly disclosed unless ordered by the grand jury of the county in which the alleged fraud or irregularity occurred within twelve months from the time the report is submitted as provided herein, except the same may be made public prior thereto in a court of law when relevant to a proceeding therein.
(e) To make such recommendations as it may deem advisable to the General Assembly relative to the conduct and administration of primaries and elections; and
(f) To employ such assistance as may be necessary.
Section 34-203. Authority of Board to institute or intervene in court actions; notice to Board.
(a) The State Election Board shall have the right to insti tute, or to intervene as a party in, any action in any court of this State or of the United States, seeking mandamus, injunctive or other relief to compel compliance with any election or primary law of the State, or of any valid rule or regulation of the Board, or to restrain or otherwise prevent or prohibit any fraudulent or other illegal conduct in connection therewith including the right to seek such relief for any anticipatory breach.
(b) Any petition seeking any of the relief authorized in sub-

MONDAY, JUNE 22, 1964

1075

section (a) above shall be filed in the superior court of the resi dence of the superintendent charged with the conduct of the election or primary in which it is alleged that there was or will be fraud or other illegal conduct, and all proceedings shall be heard and presided over by that judge of the superior court of a judicial circuit adjoining that in which such county is located who is senior in time of service, and in case of disqualification of such judge or in the event of the refusal of such judge to act, by that judge who is next senior in time of service. In the event any temporary order is sought, the petition may be presented to such judge prior to its filing for consideration of the application for such order.

(c) In the event, in the opinion of the judge presiding over such cause, adequate relief cannot otherwise be granted to assure compliance with said laws, rules and regulations, the judge may enter such order concerning the conduct of such election or primary which he shall deem necessary to assure compliance, including the right to require such election or primary to be held under the super vision of the State Election Board.

(d) Upon any action being filed in any court of this State seek ing relief affecting the calling, holding, conduct, determination, result, tabulation or certification of any election or primary, except those instituted by the State Election Board, the State Election Board shall be served with a copy of the proceeding, by serving the same on the Chairman thereof by mailing a copy to the Chairman by certified or registered mail, and a certificate that such service has been made shall be filed by the plaintiff or his attorney.

(e) Any verdict, judgment, decree, order, ruling or other judicial action in such cases shall be subject to review by the appellate court having jurisdiction thereof by direct bill of ex ceptions as provided by law. It shall be the duty of the proper appellate court to consider application for stays or supersedeas in such cases without regard to whether any bill of exceptions has been certified or the record docketed in such cases.

Section 34-204. Evidence; hearing; witness in contempt. The State Election Board may examine on oath any person concerning any matter connected with or bearing on the proper discharge of its duties, and any member of the Board may administer such oath. The Board shall have full power to send for persons and papers, and to compel the witnesses to answer under oath touching any questions which may properly come before the Board and to take, through its agent, the depositions of witnesses. The Board, in investigating the administration of primary and election laws within a county or any frauds or irregularities in primaries and
elections held therein, shall conduct each hearing concerning same at a place within such county. No witness shall be compelled to attend if he should reside more than one hundred miles from the place of hearing by the nearest practical route, provided, however, that the Board may compel the taking of his testimony by deposition in the county of the residence of the witness. The sheriff of any county, or his deputy, or agent of the Board, shall serve all processes issued by the Board, or the same may be served by United States

1076

JOURNAL OF THE HOUSE,

registered or certified mail and the production of an appropriate return receipt issued by the United States Post Office shall con stitute prima facie evidence of such service. In case of the refusal of any person subpoenaed to attend or testify, such facts shall be reported forthwith by the Board to the appropriate superior court, or to a judge thereof, and such court or judge shall order such witness to attend and testify, and, on failure or refusal to obey such order, such witness shall be dealt with as for contempt. Any witness so subpoenaed, and after attending, shall be allowed and paid the same mileage and fee as now allowed and paid witnesses in civil actions in the superior court.

Section 34-205. Compensation of Members of Board. Each member of the State Election Board shall receive a per diem of $25.00 for each day spent in the work of the Board and shall receive his necessary travelling, food and lodging expenses incurred in the performance of his duty, to be paid by the Secretary of State; provided, however, that the Chairman of the Board shall receive
no per diem."

(6) That the House recedes from its position on House amendment No. 10.
(7) That the House recedes from its position on House amendment No. 12.
(8) The House and the Senate recede from their respective posi tions on House amendment No. 17 and adopt the following in lieu thereof:

By striking the title of Section 34-603, and by striking Subsection (a) of Section 34-603 and inserting in lieu thereof the following:
"Section 34-603. County registrars; designation; appointment; terms of office; compensation; duties of chief registrar; appoint ment in counties of over 500,000 in population.-- (a) The judge of the superior court in each county or the senior judge, in time of service, in those counties having more than one judge, shall appoint quadrennially, upon the recommendation of the grand jury of such county, three judicious, intelligent and upright electors of such county as county registrars. The grand jury shall submit to the judge the names of six such electors and the appointments shall be made therefrom and shall be entered on the minutes of the court. When making such appointments, the judge shall designate one of the registrars as chief registrar who shall serve as such during his term of office, and such designation shall likewise be entered on the minutes of the court. It shall be the duty of the clerk of the superior court to certify the appointments and designation to the Secretary of State, within thirty days after the appointments and designation, and commissions shall be issued as for county officers. When certifying such names to the Secretary of State, the clerk of the superior court shall also list the addresses of the registrars. The registrars shall serve for a term of four years and until their successors are appointed and qualified, except in

MONDAY, JUNE 22, 1964

1077

the event of resignation or removal as hereinafter provided. Such judge shall have the right to remove one or more of such registrars, at any time, for cause after notice and hearing. Any registrar shall have the right to resign at any time by submitting a resig nation to such judge. In the event of any such removal or resigna tion of a registrar, his duties and authority as such shall terminate instanter. In case of the removal, death or resignation of a regis trar, the judge shall appoint a successor who shall serve until the next grand jury convenes, at which time the grand jury shall sub mit to the judge the names of two judicious, intelligent and upright electors of such county, and the judge shall make his appointment from said list, such successor to serve the unexpired term of his predecessor in office. In the event the grand jury is in session at the time of any such death, removal or resignation, then such grand jury shall immediately submit the names of said electors to the judge for his appointment. Each such appointment or change in designation shall be entered on the minutes of the court and certified as herein provided."

(9) That the Senate recedes from .its position in disagreeing to House amendment No. 20.

(10) That the House and the Senate recede from their respective positions on House amendment No. 23 and adopt in lieu thereof the following:
By striking from the title of Code Section 34-611 the words "fortyfive" and by inserting the word "fifty".
By striking from Code Section 34-611 the words "forty-sixth" and by inserting in lieu thereof the word "fiftieth".
(11) That the Senate recedes from its position in disagreeing to House amendment No. 24.
(12) That the House and the Senate recede from their respective positions on House amendment No. 27 and adopt the following in lieu thereof:
By striking the words "forty-five" in all places they appear in Code Section 34-625 and by inserting in lieu thereof the word "fifty" in all such places.
(13) That the Senate recedes from its position in disagreeing to House amendment No. 28.
(14) That the Senate and the House recede from their respective positions on House amendments Nos. 29 and 30, and adopt the following in lieu thereof:
By striking Subsection (b) of Section 34-629 and by inserting in lieu thereof a new Subsection (b) to read as follows:

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"(b) In any election held in an election district (not containing the county courthouse) in which no question is printed on the ballots or ballot labels to be used in such district and in which no candidate, whose name is printed on such ballots and ballot labels, is opposed by any candidate whose name is also printed thereon, then the polling place in such district shall not be established and the registrars shall furnish to the managers of the polling place in the election district containing the county courthouse the list of electors of such district in which no polling place is established, and the electors whose names appear on such list shall be allowed to vote in the election district containing the county courthouse, under the same rules that would have governed if a polling place had been established in their district."
(15) That the House recedes from its position as set out in House amendment No. 31.
(16) That the House and the Senate recede from their respective positions on House amendment No. 33 and adopt in lieu thereof the following:

By striking Section 34-705 and inserting in lieu thereof a new Section to read as follows:
"Section 34-705. Polling places to be selected by Ordinary.
(a) The ordinary shall select and fix the polling place within each election district and may, either on his own motion or on petition of ten electors of an election district, change the polling place within any election district. Except in case of an emergency or unavoid able event occurring within ten days of a primary or election, which renders any polling place unavailable for use at such pri mary or election, the ordinary shall not change any polling place until at least ten days after notice of the proposed change shall have been posted on the existing polling place and at three other places in the immediate vicinity thereof, and until at least five days after written notice of the proposed change shall have been given to the occupant or owner of such polling place, or his agent.
(b) Except in case of emergency or unavoidable event, occur ring within ten days of a primary or election, which renders any polling place unavailable for use, if a petition be presented to the ordinary on or before the day set for hearing of the petition for change of a polling place, signed by twenty per cent of the electors of the district, objecting to the proposed change, such change shall not be ordered.
(c) Except as otherwise provided in this Code, the ordinary in selecting and fixing the polling places within each election dis trict shall fix separate polling places for each party conducting a primary in accordance with Code Section 34-801. This Subsection shall not become effective until January 1, 1965."
(17) That the Senate recedes from its position in disagreeing to House amendment No. 34.

MONDAY, JUNE 22, 1964

1079

(18) That the Senate recedes from its position in disagreeing to House amendment No. 35.
(19) That the House recedes from its position as set out in House amendment No. 37.
(20) That the House and Senate adopt the following:
By striking from Subsection (a) of Code Section 34-901 the word "thirty" and by inserting in lieu thereof the word "sixty".
(21) That the House recedes from its position as set out in House amendment No. 39.
(22) That the Senate recedes from its position in disagreeing to House Amendment No. 40.

(23) That the House and the Senate adopt the following:
By striking Subsections (b) and (c) of Section 34-904 and by inserting in lieu thereof new Subsections (b) and (c) to read as follows:
"(b) During the period of thirty days following the filing of such petition, the State executive committee shall make such in vestigation and shall take such other action as is necessary to determine the merits of the petition. If the State committee de termines that an investigative hearing is warranted, it shall con duct such hearing and shall give prior notice of the time and place thereof to all interested parties. Any witness attending the hearing shall be sworn prior to testifying.
(c) On or before the thirtieth day after the filing of such petition, the State committee shall either render a report to the petitioner containing its findings as to whether fraud or irregu larity existed in such primary, or shall issue an order denying the petition; and a copy of same shall be filed with the chairman of the county executive committee. A copy of any such report, which contains findings of substantial fraud or irregularity, shall be filed by the State committee with the solicitor-general and the grand jury of the county involved; and the State committee shall also make available to them any evidence in its possession which supports such findings."
By striking from Subsection (d) of Code Section 34-904 the word "twenty" and by inserting in lieu thereof the word "thirty".
(24) That the Senate recedes from its position in disagreeing to House amendment No. 42.
(25) That the House and the Senate adopt the following:
By striking the words "forty-five" in both places where they ap-

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JOURNAL OF THE HOUSE,

pear in Subsection (b) of Code Section 34-1001 and by inserting in lieu thereof in both such places the word "thirty" and by striking the words "sixty-five" in said Subsection (b) of Code Section 34-1001 and by inserting in lieu thereof the word "fifty".

(26) That the House and the Senate recede from their respective positions on House amendment No. 43, and adopt the following in lieu thereof:

By striking the last sentence contained in Section 34-1002 and by inserting in lieu thereof a new sentence to read as follows:

"The provisions of this Section shall not apply to candidates seeking party nomination for or election to the governing authority of a county during the year 1964, and such candidates shall be governed by the county executive committee rules in any such primaries and in accordance with any local act establishing such governing authority in the case of said election; and this sentence shall be automatically repealed effective January 1, 1965."

(27) That the Senate and the House recede from their respective positions on House amendments No. 44 and 45, and adopt in lieu thereof the following:

By striking Code Section 34-1006 in its entirety and by inserting in lieu thereof a new Code Section 34-1006 to read as follows:

"Section 34-1006. Qualification of Candidates. All candidates for party nomination or party office in a primary shall qualify as such candidates in accordance with the rules of their party. In the case of a general primary, the candidates shall qualify at least forty-five days prior to its date, and in the case of a special pri mary, at least fifteen days prior to its date; and a party shall fix no other qualification deadline. The preceding sentence shall not apply to the qualification of candidates seeking party nomination in any general primary to be held on September 9, 1964, or in any primary held prior to the said date, and upon the holding of the last of such general primaries this sentence shall be automatically repealed."
(28) That the Senate and the House adopt the following:
By striking from Subsection (a) of Section 34-1007 the words "established by the ordinary or ordinaries" and by inserting in lieu thereof the words "in each election district".
(29) That the House and the Senate recede from their respective positions on House amendment No. 47 and adopt in lieu thereof the following:
By striking from Subsection (c) of Code Section 34-1010 the fol lowing: ", and shall also add the name of his election district, if known".

MONDAY, JUNE 22, 1964

1081

(30) That the Senate recedes from its position in disagreeing to House amendment No. 48.

(31) That the House and the Senate recede from their respective positions on House amendment No. 50, and adopt the following in lieu thereof:

By striking from the last sentence of Section 34-1104 the word "back" in both places where it appears and by inserting in lieu thereof the word "front".

By adding at the end of said Section a new sentence to read as follows: "The number strip on the ballot shall also have the following wbooxr'd."s printed thereon: 'Tear off before depositing ballot in ballot

(32) That the House and the Senate recede from their respective positions on House amendment No. 51 and adopt in lieu thereof the following:

By adding a new sentence at the end of Code Section 34-1105 to read as follows: "Upon receiving any such request, said official shall determine whether the surnames of the candidates are of such a similar nature as to warrant printing the occupation or residence of any such candidate on the ballot, and the decision of such official shall be con clusive."
(33) That the Senate recedes from its position in disagreeing to House amendment No. 56.
(34) That the Senate recedes from its position in disagreeing to House amendment No. 57.
(35) That the House recedes from its position as set out in House amendment No. 58.
(36) That the Senate recedes from its position in disagreeing to House amendment No. 59.
(37) That the Senate recedes from its position in disagreeing to House amendment No. 60.
(38) That the House and the Senate recede from their respective positions on House amendment No. 61 and adopt in lieu thereof the following:
By striking Subsection (d) of Section 34-1316 in its entirety and by substituting in lieu thereof a new Subsection to read as follows:
"(d) After marking the ballot card, the elector shall then leave the compartment and exhibit his ballot card number strip to a poll officer. The elector, unless his vote is 'challenged' shall remove

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the number strip in the presence of a poll officer before depositing the ballot card in the ballot box. If the vote is 'challenged', then the ballot card with the number strip attached shall be placed in an envelope provided for that purpose which envelope shall be marked 'challenged'."

(39) That the House and the Senate recede from their respective positions on House amendment No. 62 and adopt in lieu thereof the following:

By striking Code Section 34-1317 in its entirety and by inserting in lieu thereof the following:

"Section 34-1317. Assistance in voting, (a) No elector shall receive any assistance in voting at any primary or election: Unless he is unable to read the English language; or there is recorded upon the electors list a reference to his declaration that he has a physical disability which renders him unable to see or mark the ballot or operate the voting machine or vote recorder, or to enter the voting compartment or booth without assistance, the exact nature of such disability being recorded on the electors list, and unless the poll officers are satisfied that he still suffers from the same disability; or unless he acquired such a physical disability after the time of registration and the poll officers are satisfied that he still suffers therefrom. Before an elector shall be permitted to receive assistance, he shall take an oath which shall be admin istered to him and placed in writing by a manager, giving the reason why he requires assistance. The name of each person as sisting the elector shall be endorsed on the oath.

(b) Any elector who is entitled to receive assistance in voting under the provisions of this Section shall be permitted by the managers to select (i) any elector except a poll officer, who is a resident of the election district in which the elector requiring assistance is attempting to vote; or (ii) the mother, father, sister, brother, spouse or child of the elector entitled to receive assistance, to enter the voting compartment or booth with him to assist him in voting, such assistance to be rendered inside the voting compart ment or booth. No person shall assist more than ten such electors in any primary or election.

(c) The oaths of assisted electors shall be returned by the chief manager to the superintendent who shall deliver same to the board of registrars. If such physical disability was acquired after the time of registration and if it appears to be permanent, the registrars shall record the need for voting assistance on subsequent electors lists for so long as the disability shall continue. The oaths of assisted electors shall be available for public inspection."

(40) That the Senate and the House recede from their respective positions on House amendment No. 63, and that the following be adopted in lieu thereof:

By striking the first sentence of Subsection (a) of Section 34-1321

MONDAY, JUNE 22, 1964

1083

in its entirety and by inserting in lieu thereof the following: "After the polls close at 7:00 o'clock p.m. and as soon as all the ballots have been properly accounted for, and those outside the ballot box, as well as the voters certificates, numbered list of voters and electors list have been sealed, the poll officers shall open the ballot box and take there from all ballots contained therein."

(41) That the House and the Senate recede from their respective positions on House amendment No. 64, and adopt in lieu thereof the following:

By striking the second sentence of Subsection (b) of Section 34-1405 in its entirety.

(42) That the House and Senate recede from their respective posi tions on House amendment No. 65 and adopt in lieu thereof the fol lowing:

By adding a new Subsection to Code Section 34-1406 to be known as Subsection (c) to read as follows:

"(c) Anything in this Code to the contrary notwithstanding, a physically disabled elector may appear before any notary public of the State of Georgia for the purpose of voting an absentee ballot which he has received on the ground of physical disability."

(43) That the House recedes from its position as set out in House amendment No. 66.

(44) That the House and the Senate recede from their respective positions on House amendment No. 69 and adopt in lieu thereof the following:

By striking the last sentence of Code Section 34-1514 and by in serting in lieu thereof a new sentence to read as follows: "The provi sions of this Section shall not apply to candidates seeking party nomi nation for or election to the governing authority of a county during the year 1964, and such candidate shall be nominated in the manner prescribed by the rules of the county executive committee of his county in the case of a primary, and by the provisions of any local act establish ing such governing authority in the case of an election; and this sentence shall be automatically repealed on January 1, 1965."
(45) That the Senate recedes from its position in disagreeing to House amendment No. 70.
(46) That the Senate recedes from its position in disagreeing to House amendment No. 71.
(47) That the House recedes from its position as set out in House amendment No. 75.

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(48) That the House and the Senate recede from their respective positions on House amendment No. 76 and adopt in lieu thereof the following:

By striking Subsection (a) of Section 34-1707 in its entirety and by inserting in lieu thereof a new Subsection (a) to read as follows:

"(a) All issues of a contest shall be fully tried and determined by the court, without the aid and intervention of a jury, unless a litigant to the contest shall demand a trial by jury at any time prior to the call of the case, and the court shall determine that it is an issue, which under other laws of this State, the litigant is
entitled to have tried by a jury. Upon such determination, a jury shall be impaneled and the cause shall proceed according to the practice and procedure of the court in jury cases."

(49) That the Senate recedes from its position in disagreeing to House amendment No. 79.

(50) That the House recedes from its position as set out in House amendment No. 80.

(51) That the House and the Senate recede from their respective positions on House amendment No. 87 and adopt in lieu thereof the following:

By striking Subsection (a) of Code Section 34-1920 in its entirety and by inserting in lieu thereof a new Subsection (a) to read as follows:
"(a) Permits any unregistered person to vote at any primary or election, knowing such person is unregistered; or,".

(52) That the House recedes from its position as set out in House amendment No. 88.

(53) That the Senate recedes from its position in disagreeing to House amendment No. 92.

(54) That the Senate recedes from its position in disagreeing to House amendment No. 93.

(55) That the Senate and the House adopt the following:

By adding after Code Section 34-1937 new Code Sections to be known as Code Section 34-1938 and 34-1939 to read as follows:

"Section 34-1938. Unauthorized Campaign Activities. Any person who violates any provision of Code Section 34-1307 shall be guilty of a misdemeanor.

"Section 34-1939. Count and return of votes. Any poll officer

MONDAY, JUNE 22, 1964

1085

who shall count any votes before the close of the polls or before the last person has voted, whichever occurs later in point of time, on the day of any primary or election shall be guilty of a misdemeanor." By renumbering the subsequent Sections accordingly.

(56) That the House and the Senate recede from their respective positions on House amendment No. 94 and adopt the following in lieu thereof:

By striking newly numbered Section 34-1940 in its entirety and by inserting in lieu thereof a new Section to read as follows:

"Section 34-1940. Punishment for felonies. Each person con victed of a crime declared to be a felony under the provisions of this Code shall be punished by a fine not to exceed Two Thousand Dollars ($2,000.00) or imprisonment of not less than one year nor more than three years or both in the discretion of the trial court; or may be punished as for a misdemeanor in the discretion of the trial court."

(57) That the Senate and the House recede from their respective positions on House amendment No. 95 and adopt in lieu thereof the following:

By striking newly numbered Section 34-1941 in its entirety and by inserting in lieu thereof a new Section to read as follows:

"Section 34-1941. Punishment for misdemeanors. Each person convicted of a crime declared to be a misdemeanor under the pro visions of this Code shall be punished by a fine not to exceed One Thousand Dollars ($1,000.00), confinement in the county jail or
other place of imprisonment not to exceed six months, to work on the public works in such public works camp or other appropriate institution under the jurisdiction of the State Board of Corrections not to exceed twelve months, any one or more of these punishments in the discretion of the trial judge."

(58) That the House and the Senate adopt the following:

By striking from Subsection (a) of Section 34-2001 the last sentence which reads as follows: "Provided, however, nothing contained herein shall be construed to repeal Code Section 34-2301 relating to Congres sional Districts and said Code Section shall remain of full force and effect."

(59) That the House and the Senate recede from their respective positions on House amendment No. 96 and adopt the following in lieu thereof:

"Section 34-2004. Express retentions, (a) Code Section 34-2301 relating to the Congressional Districts and the composition thereof so as to designate the counties and portions thereof which shall compose the Congressional Districts of this State, as amended by

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an Act approved March 13, 1964 (Ga. Laws 1964, pp. 478-481) is expressly retained and shall not be construed as being repealed by the provisions of this Code. Such Code Section 34-2301 is hereby redesignated as Section 34-1801 and placed in a chapter entitled 'Chapter 34-18. Congressional Districts.', and such Chapter is here by made a part of this Code and is hereby inserted between Chap ters 34-17 and 34-19 of this Code.

(b) That Act approved March 13, 1964 (Ga. Laws 1964, pp. 478-481) relating to the composition of the Congressional Districts of this State is hereby expressly retained in full force and effect."

(60) That the Senate and House adopt the following:

By striking the first sentence of Section 34-624 and by inserting in lieu thereof a new sentence to read as follows:

"Each elector whose name appears on such list, and who is not found to be disqualified subsequent to the filing of such list, shall be entitled to vote in any primary or election held during the period subsequent to the filing of such list and before the filing of the next such list; provided, however, that an elector, voting in the primary or primaries held by a single party for the nomination of candidates to seek public offices to be filled in an election, shall not vote in a primary held by any other party for the nomination of candidates to seek public offices to be filled in the same such election."
Respectfully submitted,
By: Carlton of 21st Rowan of 8th Gillis of 20th On behalf of the Senate
By: Hale of Dade Bagby of Paulding Busbee of Dougherty On behalf of the House

Mr. Bolton of Spalding moved that the House do agree to the report of the 3rd Committee on Conference on SB 1.

On the motion to agree, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Alien Anderson Arnsdorff Bagby

Beck Bedgood Bell Black Blair

Blalock, D. B. Blalock, E. Bolton Bowen, A. Brackin

MONDAY, JUNE 22, 1964

Branch Brantley Brooks, Wilson Brown Busbee Byrd Caldwell Carr Causby Chandler Clarke, H. G. Coker, G., Dr. Coker, R. Conger Davis Dean, N. Deen, H. D. Dennard Dicus Duncan, A. C. Duncan, J. E.
Echols Flournoy Floyd Fowler, A. A., Jr. Fowler, J. W. Fulford Gibbons Greene Griffin Groover Hale Hall Harrell Harrington Harris Henderson Herndon Hill House Houston Hull Hurst Isenberg Johnson, A. S., Dr.

Johnson, B. Jones, C. M. Jones, F. C. Jones, M. Jordan, J. E. Killian Knight, D. W. Knight, W. D. Laite Lane Lee, G. B. Lee, W. J. (Bill) Lee, Wm. S. Lewis Lindsey Logan Lokey Lowrey Mackay Matthews, C. Matthews, D. R. McClelland, R. McDonald McKemie Meeks Melton Mitchell Moate Moore Morgan, H. Morgan, J. H. Newton, A. S. Newton, D. L. Odom Overby Pafford Parker Partridge Payton Perry Peterson Phillips Pickard Ponsell Poole

1087
Pope Poss Rainey Reaves Richardson Rodgers, H. B. Rogers, Jimmie Roper Rowland Russell Scarborough Shea Shuman Simmons Simpson Sinclair Smith, A. C., Jr. Smith, Chas. C. Smith, E. B., Jr. Smith, G. L. II Smith, V. T. Snow Spikes Stalnaker Steis Story Strickland Tabb Tucker, J. B. Tucker, Ray M. Twitty Underwood, J. C. Underwood, R. R. Vaughn Ware Watson Watts Wells, H. H. Wiggins Wilkes Williams, G. J. Williams, W. M. Wilson, J. M. Woodward Hudgins

Those voting in the negative were Messrs.:

Acree Barber Baughman Bowen, R. W. Bynum Dixon

Dorminy Fleming Funk Kelly Keyton Leonard

McCracken Milford Milhollin Murphy Nessmith Paris

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Raulerson Rhodes Sewell

JOURNAL OF THE HOUSE,

Smith Todd Tucker, M. K.

Walker White Wilson, Hoke

Those not voting were Messrs. :

Andrews Ballard Bowen, R. L. Bowen, R. P. Brooks, Geo. B. Clark, J. T. Conner Cullens DeVane Etheridge

Flynt Horton Jones, D. C. Jordan, W. H. Keadle Kirkland Lambert Mixon Mullis Roberts

Rutland Singer Stuckey Teague Towson Warren Wells, D . W. Smith, G. T.

On the motion to agree, the ayes were 150, nays 27.

The House has agreed to the report of the 3rd committee on Conference on SB 1.

Rep. Jack Etheridge of Fulton respectively requests the Clerk to record his vote "nay" upon the above matter. The writer was in attendance of the meeting of the House of Representatives this date, but was unfortunately unable to cast his vote at the time of its taking.

The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has adopted the report of the third Committee of Conference on the following Bill of the Senate to wit:

SB 1. By Senators Carlton of the 21st, Webb of the llth and Jackson of the 16th:
A Bill to provide a comprehensive revision of the election and primary laws and all related laws of this State; and for other purposes.

Mr. Underwood of Montgomery moved that this House do now adjourn until 10:00 o'clock a.m. tomorrow morning and the motion prevailed.

The Speaker announced the House adjourned until 10:00 o'clock a.m. tomorrow morning.

TUESDAY, JUNE 23, 1964

1089

Representative Hall, Atlanta, Georgia Tuesday, June 23, 1964

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

Prayer was offered by Rev. Hubert White, Associate Pastor, 1st Methodist Church, Atlanta, Ga.

By unanimous consent the call of the roll was dispensed with.

Mr. Clarke of Monroe, Chairman of the Committee on Auditing, Enrolling Engrossing and Journals reported that the Journal of the previous legislative day had been read and found to be correct.

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

The Journal was confirmed.

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. 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:

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HR 88-80. By Messrs. Dicus, Jones and Pickard of Muscogee:
A Resolution proposing an amendment to the Constitution so as to exempt personal clothing and effects, household furniture, furnishings, etc., used within the home and not held for sale, rental, or other com mercial use, in Muscogee County from all State and County ad valorem taxation; and for other purposes.

The Senate has adopted as amended by the requisite constitutional majority the following Resolution of the House to wit:

HR 115. By Mr. Watson of Pike:
A Resolution urging the President of the United States to include within his program of war on poverty the development of the Chattahoochee and Flint River basins; and for other purposes.

The Senate has passed by the requisite constitutional majority the following Bills of the House to wit:

HB 78. By Messrs. Towson and Knight of Laurens:
A Bill to amend an Act creating a Board of Commissioners of Roads and Revenues for the County of Laurens, as amended, so as to change the method of selection of an accountant to conduct an audit of the books; and for other purposes.

HB 79. By Messrs. Towson and Knight of Laurens:
A Bill to amend an Act creating a new charter for the City of Dublin, as amended, so as to change the hours for which the polls shall remain open for elections conducted within the City of Dublin; and for other purposes.

HB 80. By Mr. Clarke of Monroe: A Bill to authorize the use of voting machines in all elections conducted within Monroe County and tne City of Forsyth; and for other purposes.
The Senate agrees to House amendment to the following Bill of the Senate to wit:
SB 15. By Senator Harrison of the 48th: A Bill to amend an Act providing and establishing a new charter for

TUESDAY, JUNE 23, 1964

1091

the City of Winder, approved Aug. 4, 1917 (Ga. L. 1917, p. 926), as amended, so as to provide that the mayor shall not be eligible for reelection to the office of mayor after expiration of a fourth term until a period of two years shall have elapsed; and for other purposes.

Mr. Brantley of Candler arose on a point of personal privilege and addressed the House.
The following Resolution of the House was taken up for the purpose of con sidering the report of the Conference Committee thereon:

HR 6-1. By Mssrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb,
Busbee of Dougherty and Andrews of Stephens: A Resolution proposing a revised Constitution of Georgia, and for other purpose.

The following Report of the Conference Committee was read:
CONFERENCE COMMITTEE REPORT ON HOUSE RESOLUTION 6-1
The Conference Committee on House Resolution 6-1 adopts the fol lowing report and recemmends:
ARTICLE 1
(1) That the Senate recede from its position on Senate Amend ments 1, 4, 7, 12, 13, 14, and 16.
(2) That the House agree to Senate Amendments 2 and 140.
(3) That the Senate recede from its position on Senate Amend ment 6 and that the House recede from its position on Article 1, Section 1, Paragraph 13 and adopt the following:
By striking Article 1, Section 1, Paragraph 13 in its entirety and inserting in lieu thereof a new Paragraph 13 to read as follows:
"Paragraph 13. Guarantee of Freedom of Speech and the Public's Right to Know. No law shall ever be passed to curtail or restrain the liberty of speech or of the press; any person may speak, write and publish his sentiments on all subjects, being responsible for the abuse of that liberty; and the public shall always have the right to be informed of the final official actions of all government agencies and Authorities."
(4) That the Senate recede from its position on Senate Amendment

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15 and that the House recede from its position on Article 1, Section 3, Paragraph 1 and adopt the following:

By striking Article 1, Section 3, Paragraph 1 in its entirety and inserting in lieu thereof a new Paragraph 1 to read as follows:

"Paragraph 1. Private Ways; Just and Adequate Compen sation. In case of necessity, private ways may be granted upon just and adequate compensation being first paid by the applicant. Private property shall not be taken, or damaged, for public purposes, with out just and adequate compensation being first paid. When private property is taken or damaged for public road, street and transporta tion purposes by the State and the counties and municipalities of the State, or any agency of such governmental units, just and ade quate compensation therefor need not be paid until the same has been finally fixed and determined as provided by law, but shall then be paid in preference to all other obligations except bonded indebtedness. The General Assembly shall by law require the condemnor to make prepayment against just and adequate compensa tion as estimated from the sworn affidavit of the condemnor's ap praiser, as a condition precedent to the exercise of the right of eminent domain, and shall provide for disbursement of the same to the end that rights and equities of the property owner, lien holders, the State and its political subdivisions, and others having an interest therein, may be protected. In fixing and determining the amount of just and adequate compensation to be paid for property actually taken, consideration shall not be given to any increase or decrease in the value of the property actually taken resulting from the improvements, or the anticipation thereof, in connection with which the right of eminent domain is being exercised."

(5) That the Senate recede from its position on Senate Amendment 129 and that the House recede from its position on Article 8, Section 1 and adopt the following:

By striking Article 8 in its entirety and adopting the following which shall become Article 1, Section 4:

SECTION 4

ELECTIONS

"Paragraph 1. Elections by the People; Electors.

"(a) In all elections by the people, the electors shall vote by secret ballot, which may include the use of voting machines, except that the General Assembly may provide by law for assistance in voting for those electors physically incapable of voting by them selves.
"(b) Every United States citizen who is a resident citizen of this State, who is at least eighteen years of age, who possesses the qualifications provided in this Paragraph and those qualifications

TUESDAY, JUNE 23, 1964

1093

provided by law pursuant to this Paragraph, and who is not labor ing under any disqualification provided in this Paragraph or which may be provided by law pursuant to this Paragraph, shall be an elector and entitled to vote in elections by the people, if registered to do so according to law.

"(c) To entitle a person to vote at any election by the people, he shall have resided in the State at least one year immediately preceding the election in which he seeks to vote and in the county in which he offers to vote in such election at least six months im mediately preceding such election, except that the General Assembly may provide different periods of State and county residence for persons to vote in national elections and different periods of county residence for persons to vote in State elections.

"(d) Every person fulfilling all the requirements of an elector, and every person who fulfills all such requirements except those of age and residence but who will fulfill those requirements by the date of the next general election, shall be entitled to register to vote, except that no person shall be allowed to rgister who is not at least seventeen years of age at the time of registration.

"(e) The General Assembly shall provide by law for (1) defi nitions of residence for voting purposes and of terms used in this Paragraph; (2) designation of those crimes, conviction of which will disqualify a person from becoming an elector; (3) reasonable requirements of literacy and education necessary for registration; (4) registration of electors; (5) secrecy in voting; (6) the manner and place of voting; and (7) administration of elections.

"(f) No person shall be eligible to register or to vote who is mentally incompetent.

"Paragraph 2. Privilege of Electors from Arrest. Electors shall, in all cases, except for treason, felony, larceny, and breach of the peace, be privileged from arrest during their attendance on elections, and in going to and returning from the same.

"Paragraph 3. General Election. A general election shall be held every two years during even-numbered years. Until changed by law, such election shall be held on Tuesday after the first Mon day in November.

"Paragraph 4. Write-in Votes. No person elected on a writein vote shall be eligible to hold office unless notice of his intention or candidacy was given ten or more days prior to the election by the person to be a write-in candidate, or by some other person or group of persons qualified to vote in the subject election, as follows: In a state general election, to the Secretary of State and by pub lication in a paper of general circulation in the state; in a general election of county officers, to the ordinary of the county in which he is to be a candidate and by publication in the official organ of the same county; in a municipal general election, to the mayor or

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similar officer thereof and by publication in the official gazette of the municipality holding the election. The General Assembly may enact other reasonable regulations and require compliance therewith as a condition of eligibility to hold office in this State."

ARTICLE 2

(1) That the Senate recede from its position on Senate Amend ments 29, 32, 39, 51, 52, 54, 61, 63, and 64.

(2) That the House agree to Senate Amendments 22, 25, 27, 30, 33, 44, 45, 46, 47, 48, 50, 53, 55, 58, 59, and 62.

(3) That the Senate recede from its position on Senate Amendment 18 and that the House recede from its position on Article 2, Section 2, Paragraph 2 and adopt the following:

By striking Article 2, Section 2, Paragraph 2 in its entirety and in serting in lieu thereof a new Paragraph 2 to read as follows:
"Paragraph 2. Qualifications of Senators; Term. At the time of the beginning of the term of office to which he was elected, a member of the Senate must be a citizen of the United States at least twenty-five years of age and must have been a citizen of this State for at least four years and a resident of the territory from which elected for at least one year immediately preceding such time. Mem bers of the Senate shall be elected for a term of four years and shall serve until the convening of the General Assembly in the year following the fourth year of such term. The first regular election for members of the Senate under this Constitution shall be the general election of 1966."
(4) That the Senate recede from its position on Senate Amendment 19 and that the House recede from its position on Article 2, Section 3, Paragraph 1 and adopt the following:

By striking Article 2, Section 3, Paragraph 1 in its entirety and inserting in lieu thereof a new Paragraph 1 to read as follows:
"Paragraph 1. Apportionment of House of Representatives. The House of Representatives shall consist of not less than one hundred sixty-two nor more than two hundred sixteen members, and the apportionment thereof shall be as provided by the General As sembly."
(5) That the Senate recede from its position on Senate Amendment 20 and that the House recede from its position on Article 2, Section 3, Paragraph 2 and adopt the following:
By striking Article 2, Section 3, Paragraph 2 in its entirety and inserting in lieu thereof a new Paragraph 2 to read as follows:

TUESDAY, JUNE 23, 1964

1095

"Paragraph 2. Qualifications of Representatives; Term, At the time of the beginning of the term of office to which he was elected, a member of the House of Representatives must be a citizen of the United States at least twenty-one years of age and must have been a citizen of this State for at least two years and a resident of the territory from which elected for at least one year immediately preceding such time. Members of the House of Representatives shall be elected for a term of four years and shall serve until the convening of the General Assembly in the year following the fourth year of such term. The first regular election for members of the House of Representatives under this Constitution shall be the gen eral election of 1966."

(6) That the Senate recede from its position on Senate Amendment 21 and that the House recede from its position on Article 2, Section 4, Paragraph 3 and adopt the following:
By adding a new sentence after the second sentence of Article 2, Section 4, Paragraph 3 to read as follows:
"The compensation and allowances of the Secretary of the Senate and the Clerk of the House of Representatives shall be as fixed either by statute or by resolution of their respective houses or by both statute and such resolution."
(7) That the Senate recede from its position on Senate Amendments 23 and 24 and that the House recede from its position on Article 2, Section 5, Paragraph 4 and adopt the following:
By striking Article 2, Section 5, Paragraph 4 in its entirety and in serting in lieu thereof a new Paragraph 4 to read as follows:
"Paragraph 4. Meeting, Time Limit, and Adjournment. The General Assembly shall meet in regular annual session on the second Monday in January in each year. By concurrent resolution adopted by a majority of the membership of each house the General As sembly may adjourn any regular session to a later day certain in the same calendar year but shall not remain in regular session for longer than fifty days in the aggregate in odd-numbered years or for longer than forty days in the aggregate in even-numbered years. If an impeachment trial is pending at the end of any regular ses sion, the Senate may remain in session until such trial is completed. The Senate and the House of Representatives shall organize each two years in the odd-numbered years and shall be deemed to be a different General Assembly for each such two-year period."

(8) That the Senate recede from its position on Senate Amendment 26 and that the House recede from its position on Article 2, Section 5, Paragraphs 8 and 9 and adopt the following:

By striking Article 2, Section 5, Paragraphs 8 and 9 in their entirety and inserting in lieu thereof a new Paragraph 8 to read as follows:

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"Paragraph 8. Removal from Territory. The seat of a member of the General Assembly shall be vacant upon his changing his legal residence from the territory from which he was elected. How ever, no reapportionment of the Senate or the House of Representa tives shall affect the seat of any incumbent during the term for which he has been elected."
(9) That the Senate recede from its position on Senate Amend ment 35 and that the House recede from its position on Article 2, Section 7, Paragraph 4 and adopt the following:
By striking Article 2, Section 7, Paragraph 4 in its entirety and inserting in lieu thereof a new Paragraph 4 to read as follows:
"Paragraph 4. Journals and Acts. Each house shall keep a journal of its proceedings and publish it immediately after its adjournment. The General Assembly shall provide for the publica tion of the laws passed at each session. After publication, the original journals shall be preserved in the office of the Secretary of State, and such journals shall be the only official records of the proceedings of each house."
(10) That the Senate recede from its position on Senate Amendment 38 and that the House recede from its position on Article 2, Section 7, Paragraph 7 and adopt the following:
By striking Article 2, Section 7, Paragraph 7 in its entirety and inserting in lieu thereof a new Paragraph 7 to read as follows:
"Paragraph 7. Acts Signed. All acts shall be signed by the President of the Senate and the Speaker of the House of Representa tives or the persons authorized by law to act during their absence or disability."
(11) That the Senate recede from its position on Senate Amend ment 49 and that the House recede from its position on Article 2, Sec tion 8, Paragraph 3 and adopt the following:

By striking Article 2, Section 8, Paragraph 3 in its entirety and inserting in lieu thereof a new Paragraph 3 to read as follows:

"Paragraph 3. Notice of Intention to Introduce Local Legisla tion. No local or special bill shall be introduced unless notice of the intention to introduce same and a general statement of the sub stance thereof has been published, in the newspaper in which the sheriff's advertisements for the locality affected are published, once a week for three weeks during a period of sixty days immediatley preceding its introduction into the General Assembly. No local or special bill shall become law unless there is attached to and made a part of said bill a copy of said notice accompanied by an affidavit or certificate of a duly authorized representative of the newspaper or accompanied by an affidavit of the author to the ef fect that said notice has been published as provided herein and specifying the dates of publication."

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1097

(12) That the Senate recede from its position on Senate Amend ment 56 and that the House recede from its position on Article 2, Sec tion 9, Paragraph 1 and adopt the following:

By striking Article 2, Section 9, Paragraph 1 in its entirety and inserting in lieu thereof a new Paragraph 1 to read as follows:

"Paragraph 1. Origination of Revenue and Appropriations Measures. All bills for raising revenue may originate in either the Senate or the House of Representatives. All bills for appropriating money shall originate in the House of Representatives, but the Sen ate may propose or concur in amendments to appropriations meas ures in the same manner as in other bills."

ARTICLE 3

(1) That the Senate recede from its position on Senate Amend ments 69, 72, 76, 77A, 79, and 141.

(2) That the House agree to Senate Amendments 70, 77, and 139.
(3) That the Senate recede from its position on Senate Amendment 65 and that the House recede from its position on Article 3, Section 2, Paragraph 2 and adopt the following:
By striking Article 3, Section 2, Paragraph 2 in its entirety and inserting in lieu thereof a new Paragraph 2 to read as follows:
"Paragraph 2. Jurisdiction.

"(a) Original Jurisdiction. Except as herein provided, the Su preme Court shall have no original jurisdiction, but shall be a court for the trial and correction of errors of law in the manner pre scribed by law, and shall have power to issue all writs necessary or appropriate in the exercise of its appellate jurisdiction and in the performance of its duties, including the power to grant supersedeas at any time pending appeal. The Supreme Court shall have original jurisdiction upon petition of at least two of the elected executive officers named in this Constitution to determine the disability of the Governor or other person legally exercising the chief executive powers of the State and shall retain jurisdiction of said matter for the purpose of determining the cessation of disability. The Court may, in accordance with its rules, render advisory opinions on ques tions of solemn and manifest public importance when requested by the Governor or by joint resolution of the General Assembly.

"(b) Appellate Jurisdiction. The Supreme Court shall have ex clusive appellate jurisdiction from all other courts of this State in cases involving the interpretation or application of the Constitution of the United States or this Constitution and of treaties to which the United States is a party; in cases where the constitutionality of any law, rule, regulation, ordinance, or resolution is questioned; in cases of conviction of a capital felony; and until otherwise pro-

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vided by law: in cases involving equitable powers or title to land; in all divorce and alimony cases; in cases certified to it by the Court of Appeals for determination; and in such other cases as may be prescribed by law or by its rules. The Supreme Court shall have discretionary power to require any case to be certified by certiorari or otherwise to the Supreme Court from the Court of Appeals for review and determination with the same power and authority as if the case had been carried directly to the Supreme Court. The Supreme Court also shall have jurisdiction of and shall decide cases transferred to it by the Court of Appeals because of an equal division between the Judges of that Court when sitting as a body for the determination of cases. The oldest full-bench decisions of the Supreme Court which have not been expressly overruled or materially modified under the Act of the General Assembly ap proved December 17, 1896 (codified as Code Section 6-1611) shall be binding on the Supreme Court and all other courts of this State until expressly overruled or modified by a full bench. Where no full-bench decisions have been rendered, the oldest decisions of the Supreme Court which have not been expressly overruled or modi fied under the Act of the General Assembly approved December 17, 1896 (codified as Code Section 6-1611) shall bind all other courts of this State as precedents."

(4) That the Senate recede from its position on Senate Amendment 66 and that the House recede from its position on Article 3, Section 2, Paragraph 3 and adopt the following:

By striking Article 3, Section 2, Paragraph 3 in its entirety and in serting in lieu thereof a new Paragraph 3 to read as follows:
"Paragraph 3. Powers of Supreme Court.
"(a) The Supreme Court, with the counsel and advice of the Judges of the Court of Appeals, the Judges of the Superior Courts and such committee of the Bar of Georgia as the Supreme Court may appoint, shall have the power to submit to the General As sembly during the first ten days of any regular session rules gov erning practice and procedure for the judicial system, and if both houses by concurrent action approve such rules, they shall become effective ninety days after the date of adjournment. Rules sub mitted by the Supreme Court may be amended by the General As sembly, and if such rules as amended shall be approved by the Supreme Court within thirty days after amendment and approval of same by the General Assembly, the rules as amended shall be come effective ninety days after the date of adjournment of the General Assembly. If the Supreme Court shall not approve such rules as amended, the rules shall not become effective. The General Assembly shall always have the right to prescribe, by law, rules governing practice and procedure, and shall have the right to adopt, amend, modify or repeal any rule or law governing practice and procedure. The rules in force upon the effective date of this Con stitution shall continue in force until changed as provided herein.

TUESDAY, JUNE 23, 1964

1099

"(b) The Supreme Court shall by rule govern organization of the bar, standards of professional conduct, and the discipline of the members of the bar; but the General Assembly shall have the au thority to repeal, modify or amend any such rule. No such rule or law shall deprive any member of the bar of the right to a trial by jury in the county of his residence upon any disbarment or suspen sion proceeding pursuant to any such rule or law."

(5) That the Senate recede from its position on Senate Amendment 67 and that the House recede from its position on Article 3, Section 3, Paragraph 2 and adopt the following:

By striking Article 3, Section 3, Paragraph 2 in its entirety and inserting in lieu thereof a new Paragraph 2 to read as follows:
"Paragraph 2. Jurisdiction.
"(a) Original Jurisdiction. The Court of Appeals shall have no original jurisdiction, but shall be a court for the trial and correction of errors of law in the manner prescribed by law, and shall have power to issue all writs necessary or appropriate in the exercise of its appellate jurisdiction and in the performance of its duties, including the power to grant supersedeas at any time pending ap peal.

"(b) Appellate Jurisdiction. The Court of Appeals shall have jurisdiction with respect to the trial and correction of errors of law in the manner prescribed by law, from the superior courts and from such other courts as now or hereafter authorized by law in such cases as may be prescribed by law or by the rules of the Supreme Court not inconsistent with this Constitution. When the Court of Appeals desires instruction from the Supreme Court in a pending case, it may certify the same to the Supreme Court, which after affording the parties an opportunity to be heard thereon, may in struct the Court of Appeals on the question so certified without regard to whether or not the answer to such question is determina tive of the entire case, and the Court of Appeals shall be bound thereby. In case no such instruction is given by reason of an equal division of opinion among the Justices of the Supreme Court, the Court of Appeals shall decide the case. In the event of an equal division of judges on any case when the Court of Appeals is sitting as a body, the case shall be transferred immediately to the Supreme Court. The manner of certifying cases to the Supreme Court, and the procedure governing review of decisions of the Court of Appeals by the Supreme Court, or of the transfer of cases between said Courts, shall be as the Supreme Court by its rules may prescribe."
(5A) That the Senate recede from its position on Senate Amend ment 68 and that the House recede from its position on Article 3, Sec tion 5, Paragraph 2 and adopt the following:
By striking Article 3, Section 5, Paragraph 2 in its entirety and inserting in lieu thereof a new Paragraph 2 to read as follows:

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"Paragraph 2. Retirement and Pensions. The General Assembly shall provide by law for the payment of compensation or pensions to retired or disabled justices and judges. The Supreme Court may assign retired justices or judges to perform temporary judicial duties in any court of the State. Every justice and judge shall re tire upon reaching the age of seventy and may retire upon reaching the age of sixty-five and any justice or judge so retiring under this provision who has served at least ten years as a justice or judge of the Supreme Court or the Court of Appeals or any combi nation thereof, or who upon reaching the age of sixty-five has a combined service of fifteen years as Justice of the Supreme Court, Judge of the Court of Appeals, or Judge of the Superior Court, five of which must have been as a Justice of the Supreme Court or Judge of the Court of Appeals, shall receive a pension or compensation which shall be not less than two-thirds of the compensation re ceived by him at the time of his retirement; provided, however, any justice or judge during the term of office he is serving at the time of the effective date of this Constitution shall not be re quired to retire at age seventy prior to the expiration of the term to which he has been elected at which time he shall retire, but he may elect to do so and shall receive the pension or compensation herein provided; provided further, however, any justice or judge serving at the time of the effective date of this Constitution who is seventy years of age or more, and who within six months after the effective date of this Constitution elects to retire may do so, in which case he shall receive as a pension the full compensation which he was then receiving for the balance of the term to which he was elected and thereafter he shall receive a pension of two-thirds of that compnsation. No justice or judge receiving retirement or pen sion benefits hereunder shall be eligible to appointment to any emeritus position. Any justice or judge receiving any such compen sation or pension shall not engage in the practice of law."

(6) That the Senate recede from its position on Senate Amendment 71 and that the House recede from its position on Article 3, Section 8, Paragraph 2 and adopt the following:

By striking Article 3, Section 8, Paragraph 2 in its entirety and inserting in lieu thereof a. new Paragraph 2 to read as follows:

"Paragraph 2. General Jurisdiction. The superior courts shall have jurisdiction in all civil and criminal cases, with such excep tions as may be provided by law not inconsistent with this Con stitution. They shall have appellate jurisdiction in such cases as may be provided by law. They shall have power to correct errors in inferior judicatories by writ of certiorari or as otherwise pro vided by this Constitution or by law. The superior courts shall have authority to issue such writs as may be necessary or appropriate for carrying their powers fully into effect, and shall have such other powers as may be conferred on them by law."
(7) That the Senate recede from its position on Senate Amendment 73 and that the House recede from its position on Article 3, Section 9, Paragraph 3 and adopt the following:

TUESDAY, JUNE 23, 1964

1101

By striking Article 3, Section 9, Paragraph 3 in its entirety and inserting in lieu thereof a new Paragraph 3 to read as follows:

"Paragraph 3. Superior Court Judges Emeritus. Such provi sions for compensation to Judges Emeritus of the Superior Courts and for the retirement of Superior Court Judges as the legislature has enacted or may hereafter enact are hereby authorized."

(8) That the Senate recede from its position on Senate Amendment 74 and that the House recede from its position on Article 3, Section 10, Paragraph 1 and adopt the following:

By striking Article 3, Section 10, Paragraph 1 in its entirety and inserting in lieu thereof a new Paragraph 1 to read as follows:

"Paragraph 1. Age; Citizenship; Practice of Law. No person shall be Justice of the Supreme Court. Judge of the Court of Ap peals or Judge of the Superior Courts, unless at the time of the beginning of the term of office to which he was elected he shall have attained the age of thirty years; shall have been a citizen of and practiced law in the State of Georgia for seven years and shall be a member in good standing of the bar of the Supreme Court of Georgia; and any Judge of the Superior Court shall have been a resident of the territory comprising the circuit in which he is elected or appointed for the three years next preceding his election or ap pointment."

(9) That the Senate recede from its position on Senate Amend ment 78 and that the House recede from its position on Article 3, Sec tion 13, Paragraph 3 and adopt the following:

By striking Article 3, Section 13, Paragraph 3 in its entirety and inserting in lieu thereof a new Paragraph 3 to read as follows:

"Paragraph 3. Jury Trial. The right of trial by jury, except as otherwise provided in this Constitution, shall remain inviolate, but the General Assembly may prescribe any number, not less than five, to constitute a trial jury, except in the superior courts, where there shall be twelve unless otherwise agreed between the parties; the General Assembly may provide by law for alternate jurors. The Court shall render judgment without the verdict of a jury in all civil cases, except actions ex delicto, where no issuable defense is filed except as otherwise provided in this Constitution, and subject to the right of trial by a jury on written demand of either party; provided, however, that nothing contained herein shall be construed so as to prevent the General Assembly from providing- for sum mary judgments and directed verdicts. The parties may waive a jury trial, but in all criminal cases, such waiver must be in writing."
ARTICLE 4
(1) That the Senate recede from its position on Senate Amendments 83, 86, 131, 132, and 133.

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JOURNAL OF THE HOUSE,

(2) That the House agree to Senate Amendments 80, 85, 88, and 136.

(3) That the Senate recede from its position on Senate Amendment 87 and that the House recede from its position on Article 4, Section 3, Paragraphs 2 and 3 and adopt the following:
By striking Article 4, Section 3, Paragraphs 2 and 3 in their entirety and inserting in lieu thereof a new Paragraph 2 to read as follows:
"Paragraph 2. Exercise of Executive Power. In case of death, resignation or removal from office of the Governor, the Lieutenant Governor shall exercise the executive power and receive the com pensation of the Governor until the next general election, at which a successor to the Governor shall be elected for the unexpired term; but if such death, resignation or removal from office shall occur within thirty days of the next general election, or if the term will expire within ninety days after the next general election, the Lieutenant Governor shall exercise the executive power and receive the compensation of the Governor for the unexiperd term. In case of the disability of the Governor, the Lieutenant Governor shall ex ercise the executive power and receive the same compensation as the Governor until the removal of such disability."
(4) That the Senate recede from its position on Senate Amendment 89 and that the House recede from its position on Article 4, Section 6, Paragraphs 1, 2, 3, 4, and 5 and adopt the following:

By striking Article 4, Section 6, Paragraphs 1, 2, 3, 4, and 5 and inserting in lieu thereof a new Paragraph to be numbered Paragraph 1 to read as follows:
"Paragraph 1. Number; Term of Office; Vacancies. There shall be a Solicitor General for each judicial circuit elected, and appointed as necessary, in the same manner as the respective circuit Superior Court Judges, who shall represent the State in all criminal cases in the Superior Courts of his circuit, and all criminal cases taken up from the Superior Courts of his circuit to the Court of Appeals and Supreme Court, whose term of office, qualifications, limita tions, other duties and compensation shall be prescribed by the General Assembly."
(5) That the Senate recede from its position on Senate Amendment 90 and that the House recede from its position on Article 4, Section 7 and adopt the following:
By adopting the Senate version of Article 4, Section 7 with the following changes:

By striking the third sentence of Paragraph 3 and inserting in lieu thereof the following:
"Whenever no person is elected in the general election to fill

TUESDAY, JUNE 23, 1964

1103

any such office, or whenever any person elected shall die or with draw prior to taking any such office, the Secretary of State shall call a special election, which shall be held not less than sixty nor more than one hundred twenty days from the date of any such event, to fill such position."; and

By adding a new Paragraph thereto to be known as Paragraph 4 to read as follows:

"Paragraph 4. Runoffs. Whenever a runoff is required under this Constitution or under any valid law, the runoff shall be consid ered as a part of the election and may be held at such time after the date prescribed in this Constitution for the election as is fixed by law."

ARTICLE 5

(1) That the Senate recede from its position on Senate Amendments 100, 101, 104, and 105.

(2) That the House agree to Senate Amendments 94, 97, 98, 102, 103 and 137.

(3) That the Senate recede from its position on Senate Amend ment 92, and that the House recede from its position 'on Article 5, Sec tion 1, Paragraph l(b) and adopt the following:

By striking Article 5, Section 1, Paragraph l(b) in its entirety and inserting in lieu thereof a new Paragraph l(b) to read as follows:

"(b) The power of taxation shall be exercised solely for pub lic purposes and by general laws or ordinances applicable uniformly upon the same class of subjects throughout the territorial limits of the government authorized to levy the tax except as otherwise pro vided in this Constitution; provided, however, no county shall require any license fee, franchise tax, or occupational tax from any busi ness located in a municipality in said county if such municipality requires payment of a license fee or occupational tax from such business, but no such occupational tax or license fee shall be levied against farming operations. No such county license fee or occupa tional tax shall be imposed on any business which is subject to regulation by the Public Service Commission."

(4) That the Senate recede from its position on Senate Amend ment 93, and that the House recede from its position on Article 5, Section 1, Paragraph 2 and adopt the following:

By designating the second paragraph of Subparagraph (a) of Article 5, Section 1, Paragraph 2, as Subparagraph (b); and

By adding a new Subparagraph to be known as Subparagraph (c) to read as follows:

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JOURNAL OF THE HOUSE,

"(c) The General Assembly may provide for a classification, or classifications, of tangible personal property held as inventory (whether raw materials, goods being manufactured or processed or finished products) for manufacturing, processing or distribution (not including sale at retail) separately from other tangible prop erty. It may provide for the valuation of inventories on the basis of their average value held during the preceding tax year instead of their value on January 1 and for a different basis, or basis of assessment therefor. It may provide for exemption, or partial exemp tion, of inventories remaining in the hands of the manufacturer, processor, or distributor but only for the year next after their production, or acquisition, provided that any such exemption shall not be effective in any political subdivision of this State unless the same is approved by the electors of such subdivision in a referendum election held for that purpose."
and
By redesignating Subparagraph (b) of Article 5, Section 1, Para graph 2, as Subparagraph (d).

(5) That the Senate recede from its position on Senate Amend ment 95, and that the House recede from its position on Article 5, Section 1, Paragraph 3 (e) and adopt the following:

By striking Article 5, Section 1, Paragraph 3(e) in its entirety and inserting in lieu thereof a new Paragraph 3(e) to read as follows:

"(e) In an amount not to exceed $2,000 of its value, the homestead owned by a person who is a resident of this State, actually occupied by him primarily as his residence and only so long as so occupied, is hereby exempted from all property taxation for State, county, and county or area school purposes, except to pay interest on and to retire bonded indebtedness. The General Assembly, from time to time, may lower the amount of this exemp tion to not less than $1,250.00. An exemption hereunder must be claimed in the manner prescribed by the General Assembly, and the General Assembly may further define the homestead entitled to exemption hereunder except that a homestead as contemplated hereunder shall remain limited to a claimant's actual dwelling, structures incidental thereto, and the land to which same is attached. Claimant's actual dwelling shall be deemed to include dwellings, cooperative apartments and condominium apartments."

(6) That the Senate recede from its position on Senate Amend ments 106 and 107, and that the House recede from its position on Article 5, Section 3, Paragraph 2(h) and Paragraph 2(i) and adopt the following:

By striking Article 5, Section 3, Paragraph 2(h) and Paragraph 2(i) in their entirety and inserting in lieu thereof a new Section to be numbered Section 4 to read as follows:

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1105

"SECTION 4

EEVENUE OBLIGATIONS

"Paragraph 1. Revenue Obligations Authorized. The General Assembly may authorize any county, municipal corporation, or local subdivision, or may itself create and authorize any public corporation or authority, to issue revenue obligations for the public purposes hereinafter set forth. When such revenue obligations are issued in compliance with the requirements of the General Assembly such obligations shall not constitute indebtedness within the mean ing of Paragraph 1 (a) or Paragraph 2 (a) or (b) of Section 3 of this Article. The power of taxation shall not be exercised for the purpose of paying the principal thereof or the interest thereon;
such principal and interest shall be payable solely from the revenues produced in carrying on the authorized public purpose, and such revenues, and any other revenues, except taxes, may be pledged for the payment thereof.

"Paragraph 2. Purposes for Which Authorized. Revenue obliga tions may be issued to provide funds to pay the cost, in whole or part, of acquiring, constructing, extending or improving any public property of facility, including roads, tunnels, bridges, airports, harbor facilities, water, sewerage, garbage or sewage collection, treatment and disposal systems, gas or electric systems (including dams, reservoirs, generating stations and similar facilities), recrea tional, amusement, education and exhibition facilities, beach ero sion protection systems, public parking buildings and facilities, including parking meters, public facilities for mass transit systems for the transportation of passengers for hire, and such other kinds of public property and facilities as may be authorized by the General Assembly.

"Paragraph 3. Election Required for Gas or Electric Systems. However, before any such obligations may be issued for any purpose relating to gas or electric generating and distribution systems, such obligations must first be authorized by a majority of those voting in an election held for that purpose in the local political subdivision affected, provided a majority of the registered voters thereof voted in such election. In other respects, such election shall be held in the same manner as an election under Paragraph 2 (b). Such an election, however, shall not be required to authorize the issuance of obligations for the purpose of refunding outstanding obligations originally authorized and issued for the aforesaid purpose. After any such favorable election has been held, if municipalities, counties or other political subdivisions, shall purchase, construct, or operate such electric or gas utility plants from the proceeds of said revenue certificates, and extend their services beyond the limits of the county or counties in which the municipality or political subdivision is located, unless such service is merely incidental to its transmission lines, then its services rendered and property located outside said county or counties shall be subject to taxation and regulation as are privately owned and operated utilities.

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"Paragraph 4. Industrial Development Purposes. Revenue obli gations may also be issued to finance the cost of land, buildings, facilities, macheriney or equipment to be sold or leased to a private business in the establishment of a new plant or in the expansion of an existing facility, and also for industrial development purposes as may be defined and authorized by law. The General Assembly may authorize local taxation for industrial development purposes, as defined and authorized by law but such taxation by any county, municipal corporation or other political subdivision shall not exceed two mills annually and the proceeds of such tax shall not be used for the repayment of any revenue obligation incurred for such pur pose."

(7) That the Senate recede from its position on Senate Amend ment 108 and that the House recede from its position on Article 5, Section 3, Paragraph 3 and adopt the following:

^By striking Article 5, Section 3, Paragraph 3 in its entirety and inserting in lieu thereof a new Section 5 to read as follows:

"SECTION 5

INTERGOVERNMENTAL CONTRACTS

"Paragraph 1. Contracts for Use of Public Facilities. The State, state institutions, any city, town, municipality or county of this State may contract for any period not exceeding fifty years, with each other or with any public agency, public corporation or authority now or hereafter created for the use by such subdivisions or the residents thereof of any facilities or services of the State, state institutions, any city, town, municipality, county, public agency, public corporation or authority, provided such contracts shall deal with such activities and transactions as such subdivisions are by law authorized to undertake.

"Paragraph 2. Care and Hospitalization of Indigents. Any county, municipal corporation or other political subdivision may con tract with any public agency, public corporation or authority for care, treatment, maintenance and hospitalization for its indigent and obligate itself to pay the costs thereof, the cost of acquisition, construction, modernization or repair of buildings and facilities necessary to render such services for its indigent, including other persons who may desire and are able to pay for such services, and the cost of operating and maintaining such buildings and facilities.

"Paragraph 3. Local Taxation Authorized. Any county, munici pal corporation, school district, or other political subdivision, having the power to tax, may exercise such power to the extent necessary to pay the obligations contractually incurred under this Section and may expend any other public funds, from whatever source derived for such purpose."

TUESDAY, JUNE 23, 1964

1107

ARTICLE 6

(1) That the Senate recede from its position on Senate Amendment 135.
(2) That the House agree to Senate Amendment 109.

(3) That the Senate recede from its position on Senate Amendment 110 and that the House recede from its position on Article 6, Sections 2 and 3 and adopt the following:

By striking Article 6, Sections 2 and 3 in their entirety and inserting in lieu thereof two new Sections 2 and 3 to read as follows:

"SECTION 2

STATE BOARD OF EDUCATION
"Paragraph 1. State Board of Education; Method of Appoint ment. The constitutional State Board of Education having hereto fore been created is hereby recreated and continued as the constitu tional State Board of Education. There shall be a member of such Board from each congressional district in the State who shall be appointed by the Governor by and with the advice and consent of the Senate. The Governor shall not be a member of the State Board of Education. The first State Board of Education under this Constitu tion shall consist of those in office at the time this Constitution is adopted, with the terms provided by law. Thereafter, all succeeding appointments shall be for seven-year terms from the expiration of the previous term. Vacancies upon said Board caused by expiration of term of office shall be similarly filled by appointment and con firmation. In case of a vacancy on said Board by death, resignation, or from any other cause other than the expiration of such member's term of office, the Board shall be secret ballot elect his successor, who shall hold office until the end of the next session of the General Assembly, or if the General Assembly be then in session to the end of that session. During such session of the General Assembly the Governor shall appoint the successor member of the Board for the unexpired term and shall submit his name to the Senate for confirmation. All members of the Board shall hold office until their successors are appointed and qualified. The members of the State Board of Education shall be citizens of this State who shall have resided in Georgia continuously for at least five years preceding their appointment. No person employed in a professional capacity by a private or public education institution, or by the State Depart ment of Education, shall be eligible for appointment or to serve on said Board. No person who is or has been connected with or employed by a school book publishing concern shall be eligible to membership on the Board, and if any person shall be so connected or employed after becoming a member of the Board, his place shall immediately become vacant. The said State Board of Education shall have such powers and duties as provided by law and existing at the time of the adoption of this Constitution, together with such further powers and duties as may be hereafter provided by law.

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"SECTION 3

STATE SCHOOL SUPERINTENDENT

"Paragraph 1. State School Superintendent; Election; Term. There shall be a State School Superintendent who shall be the Execu tive Officer of the State Board of Education and the Chief Adminis trative Officer of the State Department of Education. He shall be elected at the same time, in the same manner and for the same term as the Governor. He shall have such qualifications and compensa tion as may be provided by law. No member of the State Board of Education shall be eligible for election as State School Superin tendent during the term for which he shall have been appointed."

(4) That the Senate recede from its position on Senate Amendment 111 and that the House recede from its position on Article 6, Section 5 and adopt the following change:

By adopting Senate Amendment 111 with the following change:

By striking the second sentence of Paragraph 1 of Section 5 and inserting in lieu thereof the following:

"Existing county school districts and independent school systems shall be continued, except that the General Assembly may, by general or local law, provide for the consolidation or merger of any two or more of said school districts or systems, or portions thereof, into a single area school district."

(5) That the Senate recede from its position on Senate Amendment 112 and that the House recede from its position on Article 6, Section 6, Paragraph 2 and adopt the following:

By striking Article 6, Section 6, Paragraph 2 in its entirety and inserting in lieu thereof a new Paragraph 2 to read as follows:

"Paragraph 2. Systems Established Prior to Constitution of 1877 and by Constitutional Amendments Prior to January 1, 1949. Public school systems established prior to the adoption of the Consti tution of 1877 and systems established by constitutional amendments passed and ratified prior to January 1, 1949, shall not be affected by this Constitution."

(6) That the Senate recede from its position on Senate Amend ment 113 and that the House recede from its position on Article 6, Sec tion 9, Paragraph 3 and adopt the following:

By striking from Article 6, Section 9, Paragraph 3 the word "may" as it appears after the word "be" and before the word "levy" and insert ing in lieu thereof the word "shall".

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1109

(7) That the House recede from its position on Article 6, Section 11, Paragraph 1 and that the Senate and House adopt the following:

By striking the second sentence from Article 6, Section 11, Paragraph 1 of the House version and inserting in lieu thereof the following:
"The government, powers and duties of boards of education participating in the establishment or operation of such special schools be defined in the general or local law authorizing the same, and such participating political subdivisions shall be authorized to incur bonded indebtedness not to exceed three per centum of the assessed value of all the taxable property therein and to require the levy of school tax funds required for the establishment and operation of such schools in such amount and manner as shall be provided in such general or local law, which shall be in addition to any and all other indebtedness and school tax fund levies as may be authorized by this Constitution and by the laws of this State."

ARTICLE 7

(1) That the Senate recede from its position on Senate Amend ments 119, 127 and 128.

(2) That the House agree to Senate Amendment 115.

(3) That the Senate recede from its position on Senate Amend ment 114 and that the House recede from its position on Article 7, Sec tion 1, Paragraph 3 and adopt the following:

By striking Article 7, Section 1, Paragraph 3 in its entirety and inserting in lieu thereof a new Paragraph 3 to read as follows:

"Paragraph 3. Counties, Consolidation, Merger, Division, Dis solution; Method. Upon the filing with the ordinary of any county of a petition signed by not less than twenty per centum of the regis tered electors of such county seeking to provide for the consolidation of two or more counties into one, or the merger of one or more coun ties into another, or the division of a county and the merger of por tions thereof into other counties, it shall be the duty of such ordinary to transmit a certified copy of such petition to each ordinary of all other counties affected thereby, and it shall be the duty of the latter to provide for the publication of such petition, omitting therefrom the names affixed to such petition, in the newspaper in which the sheriff's advertisements are published, once a week for a period of six consecutive weeks. If within a period of two years thereafter, a petition is presented to the ordinary or ordinaries of the other county or counties affected, expressing favor or approval of the original petition, signed by not less than twenty per centum of the registered voters of such other county or counties affected, it shall thereupon be the duty of the ordinaries of all such counties affected by such petitions, to certify the fact of such petitions to the Gover nor, whose duty it shall then be to call immediately an election on the same

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same day in each such county, to be held not later than sixty days, and not sooner than thirty days, after the filing of the last petition, publishing notice thereof once a week for two weeks in the newspaper in each county in which sheriff's advertisements are published. Pro vided, however, that only one such election affecting those counties or parts thereof shall be called by the Governor within any twelve month period and then only after the filing of new petitions. The ordinaries of each county shall conduct the election, canvass the returns, and certify the results thereof to the Governor, who shall issue his proclamation thereon, and in the event the results are in favor of such consolidation such results shall become effective at such time as may be prescribed by law, but not later than two years following the date of such election, as hereinafter referred to. Pro vided, however, any election held pursuant to the call of the Gover nor hereunder shall be null and void unless fifty-one per centum of the registered voters of the portion or portions of the counties af fected shall have voted in said election. The members of the General Assembly from all such counties shall serve out the remainder of their terms for which elected, and at the Session of the General Assembly next following such election, the county site shall be designated by law, without regard to the provisions of Paragraph 5 hereof, and the General Assembly shall likewise provided by law for the effective date of such merger, consolidation or division, as the case may be, subject to the above limitation of two years, and shall provide for the election of county officials, where required. The General Assembly shall have power to further implement this Para graph by law."

(4) That the Senate recede from its position on Senate Amend ment 117 and that the House recede from its position on Article 7, Sec tion 1, Paragraph 8 (a) 12. and adopt the following:

By striking Article 7, Section 1, Paragraph 8 (a) 12, in its entirety and inserting in lieu thereof a new Paragraph 8 (a) 12. to read as fol lows:
(3A) That the House recede from its position on Article 7, Section 1, Paragraph 7, and that the Senate and House adopt the following:

By striking Article 7, Section 1, Paragraph 7 in its entirety and inserting in lieu thereof a new Paragraph 7 to read as follows:

"Paragraph 7. County Commissioners. The General Assembly may create county commissioners in any county by local act, which shall include the authority to create a single county commissioner. Such commissioners may be designated commissioners of roads and revenues if so provided in such act. Such commissioners shall be the governing authority of the county and such local act shall pro vide the qualifications, terms and compensation thereof. Such com missioners shall have the powers and duties provided in this Consti tution and such powers and duties as may be provided in such local act. In prescribing such powers and duties, the local act may grant such commissioners any or all of the powers and duties provided by general law for the ordinary when serving as governing authority of

TUESDAY, JUNE 23, 1964

1111

the county, but such commissioners may not be granted any other powers or duties which are in conflict with the provisions of any gen eral law. County commissioners may be elected by the electors of the entire county or by the electors of the districts represented, or may be appointed, in such manner as may be provided by local act."

"12. To the extent that governmental immunity from liability for injuries to persons or property does not apply to counties and to its activities, or is waived by the General Assembly, the purchase of liability insurance to provide protection against such liability. Also to purchase liability insurance to cover damages on accountt of bodily injury or death to any person or damage to property of any person arising by reason of ownership, maintenance, operation or use of any motor vehicle by such county, whether as a govern mental undertaking or not. In the event of purchasing such insur ance, the governmental immunity of the county shall be waived to the extent of the amount of such insurance coverage, and any verdict or judgment in excess of such insurance coverage against the county arising out of an action which would have otherwise been subject to governmental immunity shall be reduced to an amount equal to the insurance coverage thereon."

(5) That the Senate recede from its position on Senate Amend ment 118 and that the House recede from its position on Article 7, Sec tion. 1, Paragraph 8 (b) and adopt the following:

By striking Article 7, Section 1, Paragraph 8 (b) and inserting in lieu thereof a new Subparagraph (b) to read as follows:

"(b) Except under the authority of a general or local law, a county governing authority may not district a county to provide water, sewerage, garbage, electricity, gas or fire protection services. Such services shall be authorized only by an act of the General Assembly establishing, or authorizing the establishment of, a special district or districts therefor, and authorizing such county to levy a tax only upon the taxable property in such district for the pur pose of constructing and maintaining facilities therefor, conditioned upon the assent of a majority of the qualified voters of any such proposed district voting in an election for that purpose held as pro vided by law."

(6) That the Senate recede from its position on Senate Amend ment 120 and that the House recede from its position on Article 7, Sec tion 1, Paragraphs 9, 10 and 11 and adopt the following:

By renumbering Article 7, Section 1, Paragraph 9 as Article 7, Sec tion 1, Paragraph 10; and

By renumbering Article 7, Section 1, Paragraph 10 as Article 7, Sec tion 1, Paragraph 11; and

By adding a new Article 7, Section 1, Paragraph 9, which shall be the same as Senate Amendment No. 120 with the following changes:

1112

JOURNAL OF THE HOUSE,

By adding in Subparagraph (a) after the word "adopt" and before the word "ordinances" the words "clearly reasonable"; and

By striking Subparagraph (c) 5. and inserting in lieu thereof a new Subparagraph (c) 5. to read as follows:

"5. Action expanding the power of regulation over any business activity regulated by the Public Service Commission beyond that authorized by local or general law on the effective date of this Con stitution."

(7) That the Senate recede from its position on Senate Amendment 123 and that the House recede from its position on Article 7, Section 2, Paragraph 1 and adopt the following:

By striking Article 7, Section 2, Paragraph 1 in its entirety and in serting in lieu thereof a new Paragraph 1 to read as follows:

"Paragraph 1. Creation, Dissolution, Merger, Boundary Changes. No municipality shall be incorporated, dissolved, merged or consolidated with any other municipality or municipal boundaries changed, except by local act of the General Assembly or by such methods as may be provided by general law."

(8) That the Senate recede from its position on Senate Amendment 124 and that the House recede from its position on Article 7, Section 2, Paragraph 2 and adopt the following:

By adding a new Article 7, Section 2, Paragraph 2, which shall be the same as Senate Amendment No. 124 with the following changes:

By adding in Subparagraph (a) after the word "adopt" and before the word "ordinances" the words "clearly reasonable"; and

By striking Subparagraph (c) 5. and inserting in lieu thereof a new Subparagraph (c) 5. to read as follows:
"5. Action expanding the power of regulation over any business activity regulated by the Public Service Commission beyond that authorized by charter or general law on the effective date of this Constitution."
ARTICLE 8

(1) That the House recede from its position on Article 9, and that the Senate and the House adopt the following:
By adopting the House version of Article 9 with the exception that the number thereof shall be changed to Article 8.
ARTICLE 9
(1) That the Senate recede from its position on Senate amendment

TUESDAY, JUNE 23, 1964

1113

130, and that the House recede from its position on Article 10 and adopt the following:
By adopting the Senate version of Article 10 with the exception that the number thereof shall be changed to Article 9.
Groover of Bibb respectfully requests the Conference Committee appointed to consider HR 6-1, to add at the end of Article 3, Section 9, Paragraph 1 relating to the compensation and allowances of judges of the superior courts the following language: "Provided, however, the Board of County Commissioners of Richmond County, or the Ordinary, or such other board or person as may from time to time have charge of the fiscal affairs of said county, shall without further legislative action continue to supplement from said County's treasury, the salary of the judge of Superior Court of the circuit of which the said County of Rich mond is a part, by the sum of two thousand dollars ($2,000.00) per annum, which shall be in addition to the amount received by said judge out of the State treasury; and such payments are declared to be a part of the court expenses of said county, and such payment shall be made to the judge now in office during his present or subsequent terms, as well as to his successors, with the authority in the General Assembly to increase such salary from the County treasury as above provided."
In addition to the foregoing recommendations the Conference Com mittee recommends the following:
(1) That wherever qualifications for officials are specified in HR 6-1 and the phrases "at the time of taking office", "at the time of his election", "at the time of his election or appointment", "at the time of his appointment", or other similar phrases are used, the Auditing, Enrolling, Engrossing and Journals Committee of the House of Repre sentatives shall be authorized to insert in lieu thereof the phrase "at the time of the beginning of the term of office to which he was elected" or similar wording carrying out such intent.
(2) That the Auditing, Enrolling, Engrossing and Journals Com mittee of the House of Representatives be authorized to relocate, re assign, renumber and redesignate Articles, Sections, Paragraphs and Subparagraphs and correct typographical errors, in order to comply with the wording or intention of provisions of or amendments to House Resolu tion 6-1 adopted by the Senate or the House of Representatives.

Respectfully submitted,
Milton A. Carlton Senator of the 21st District John M. Gaynor, III Senator of the 5th District Julian Webb Senator of the llth District Arthur K. Bolton Representative, Spalding County Denmark Groover, Jr. Representative, Bibb County Frank S. Twitty Representative, Mitchell County

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JOURNAL OF THE HOUSE,

Mr. Bolton of Spalding moved that the House do agree to the Conference Committee Report on HR 6-1.

On the motion to agree, the roll call was ordered and the vote was as follows.

Those voting in the affirmative were Messrs.:

Abney Alien Anderson Andrews Arnsdorff Baughman Bedgood Bell Black Blair Blalock, D. B. Blalock, E. Bolton Bowen, A. Bowen, R. L. Bowen, R. W. Brackin Branch Brooks, Geo. B. Brooks, Wilson Brown Busbee Bynum Byrd Caldwell Carr Causby Chandler Clark, J. T. Clarke, H. G. Coker, G., Dr. Coker, R. Conger Cullens Davis Dean, N. Deen, H. D. Dennard DeVane Dixon Dorminy Duncan, A. C. Duncan, J. E. Echols

Fleming Flournoy
Floyd Flynt Fowler, A. A., Jr. Fowler, J. W. Fulford Gibbons
Greene Griffin Groover Hale Hall Harrell Harrington Henderson Herndon Hill Houston Hull Hurst Johnson, A. S., Dr. Johnson, B. Jones, C. M. Jones, F. C. Jones, M. Jordan, J. E. Killian Kirkland Knight, W. D. Laite Lee, G. B. Lee, W. J. (Bill) Lee, Wm. S. Leonard Lewis Lindsey Logan Lokey Lowrey Matthews, C. Matthews, D. R. McClelland McCracken

McKemie Meeks Melton Mitchell Mixon Moate Moore Morgan, H. Nessmith Newton, A. S. Newton, D. L. Overby Pafford Paris Parker Partridge Perry Peterson Phillips Ponsell Pope Poss Raulerson Reaves Roberts Rodgers, H. B. Rogers, Jimmie
Roper Rowland Shuman Simmons Simp son Sinclair Smith, A. C., Jr. Smith, Chas. C. Smith, E. B., Jr. Smith, G. L., II Smith, V. T. Snow Spikes Stalnaker Steis Strickland
Tabb

Towson Tucker, J. B. Tucker, Ray M. Twitty Underwood, J. C. Underwood, R. R. Vaughn

TUESDAY, JUNE 23, 1964
Ware Watson Watts Wells, D. W. Wells, H. H. White Wiggins

1115
Wilkes Williams, G. J. Williams, W. M. Wilson, Hoke Woodward Hudgins

Those voting in the negative were Messrs.:

Acree Brantley Etheridge Harris House Mackay

Milford Milhollin Murphy Odom Rainey Richardson

Sewell Shea Smith, R. R. Walker

Those not voting were Messrs.:

Bagby Ballard Barber Beck Bowen, R. P. Conner Dicus Funk Horton Isenberg Jones, D. C. Jordan, W. H.

Keadle Kelly Keyton Knight, D. W. Lambert Lane McDonald Morgan, J. H. Mullis Payton Pickard Poole

Rhodes Russell Rutland Scarborough Singer Story Stuckey Teague Todd Tucker, M. K. Warren Wilson, J. M.

On the motion to agree, the ayes were 152, nays 16.

The Conference Committee Report to HR 6-1 was agreed to.

Messrs. Bagby of Paulding, Rhodes of Baker, Isenberg of Glynn, Knight of Laurens, Beck of Twiggs and Story of Gwinnett stated that they would like to be recorded as voting "Aye" on the adoption of the Conference Committee Report to HR 6-1.

Mr. Barber of Jackson requested permission to take leave of the House at 5:30 p.m. on June 23, 1964, for the remainder of the Day.
Mr. Busbee of Dougherty moved that the rules of the House be suspended

1116

JOURNAL OP THE HOUSE,

in order for a House Bill to be read for the first time and referred to the Com mittee.

On the motion to suspend the rules, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Acree Alien Anderson Andrews Arnsdorff Bagby Baughman Bedgood Bell Black Blair Blalock, D. B. Blalock, E. Bolton Bowen, A. Bowen, R. L. Bowen, R. W. Branch Brooks, Wilson Brown Busbee Bynum Byrd Caldwell Carr Causby Chandler Clark, J. T. Clarke, H. G. Coker, G., Dr. Coker, R. Conger Cullens Davis Dean, N. Deen, H. D. Dennard DeVane Dixon Dorminy Duncan, A. C. Duncan, J. E.

Echols Etheridge Fleming Flournoy Fowler, A. A., Jr. Fulford Gibbons Greene Groover Hale Hall Harrell Harrington Harris Henderson Herndon Hill Houston Hull Hurst Johnson, A. S., Dr. Jones, C. M. Jones, F. C. Jones, M. Jordan, J. E. Killian Kirkland Knight, D. W. Knight, W. D. Laite Lee, G. B. Lee, W. J. (Bill) Lee, Wm. S. Leonard Lewis Logan Lokey Lowrey Mackay Matthews, C. McClelland McCracken McKemie

Meeks Melton Milford Mitchell Mixon Moate Moore Morgan, H. Nessmith Newton, A. S. Newton, D. L. Overby Pafford Partridge Perry Peterson Phillips Ponsell Pope Poss Raulerson Reaves Richardson Rogers, Jimmie Rowland Sewell Shea Shuman Simpson Sinclair Smith, A. C., Jr. Smith, Chas. C. Smith, E. B., Jr. Smith, G. L., II Smith, V. T. Snow Stalnaker Steis Story Strickland Tabb Todd Towson

Tucker, J. B. Tucker, Ray M. Twitty Underwood, R. R. Vaughn

TUESDAY, JUNE 23, 1964
Walker Watson Watts Wells, D. W. White

1117
Wiggins Wilkes Williams, G. J. Williams, W. M. Hudgins

Those voting in the negative were Messrs.:

Brantley House Kelly

Matthews, D. R. Milhollin Murphy

Odom Smith, R. R.

Those not voting were Messrs.:

Ballard Barber Beck Bowen, R. P. Brackin Brooks, Geo. B. Conner Dicus Floyd Flynt Fowler, J. W. Funk Griffin Horton Isenberg Johnson, B. Jones, D. C. Jordan, W. H.

Keadle Keyton Lambert Lane Lindsey McDonald Morgan, J. H. Mullis Paris Parker Payton Pickard Poole Rainey Rhodes Roberts Rodgers, H. B. Roper

Russell Rutland Scarborough Simmons Singer Spikes Stuckey Teague Tucker, M. K. Underwood, J. C. Ware Warren Wells, H. H. Wilson, Hoke Wilson, J. M. Woodward Smith, G. T.

On the motion, the ayes were 144, nays 8.

The motion prevailed and the rules were suspended.

The following Bill of the House was read the first time and referred to the Committee:

HB 81. By Messrs. Smith of Grady, Bolton of Spalding, Busbee of Dougherty and Andrews of Stephens:
A Bill to be entitled an Act to provide for a convention of the people of Georgia for the purpose of revising, amending or changing the Con stitution of this State to provide the procedure connected therewith; to

1118

JOURNAL OF THE HOUSE,

provide for the submission of any proposed revision, amendment or change in the Constitution; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Rules.

The following message was received from the Senate through Mr. Stewart the Secretary thereof:
Mr. Speaker:
The Senate has agreed to the report of the Committee of Conference on the following Resolution of the House to wit:

HR 6-1. By Messrs. Smith of Grady, Bolton of Spalding and others:
A Resolution proposing a revised Constitution of Georgia; and for other purposes.

The following explanation of vote was received from Rep. James A. Mackay on the adoption of the Conference Committee Report on HR 6-1:
I voted against the proposed constitution because it represents as many steps backward as it taken forward.
It proposes to give four year terms to legislators.
It contains arbitrary appropriations.
It perpetuates numerous boards which do not deserve constitutional status.
It fails to guarantee periodic equitable apportionment.
It continues an educational structure which in part accounts for Georgia being at the bottom of the educational ladder.
It contains too much legislation and unnecessary verbiage.
It shackles the legislative branch in many ways which will keep it from exercising power which would be beneficial to the people of Georgia.

Mr. Bolton of Spalding moved that the House do now adjourn until 11:00 o'clock a.m. tomorrow morning and the motion prevailed.

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

WEDNESDAY, JUNE 24, 1964

1119

Representative Hall, Atlanta, Georgia Wednesday, June 24, 1964

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

Prayer was offered by Rev. Hugh Fields, Pastor, Dawsonville Baptist Church, Dawsonville, Ga.

By unanimous consent the call of the roll was dispensed with.

Mr. Clarke of Monroe, Chairman of the Committee on Auditing, Enrolling, Engrossing and Journals reported that the Journal of the previous legislative day had been read and found to be correct.

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

The Journal was confirmed.

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. 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 of the House was read the second time:
HB 81. By Messrs. Smith of Grady, Bolton of Spalding, Busbee of Dougherty and Andrews of Stephens: A Bill to be entitled an Act to provide for a convention of the people of

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JOURNAL OP THE HOUSE,

Georgia for the purpose of revising, amending or changing the Constitu tion of this State to provide the procedure connected therewith; to provide for the submission of any proposed revision, amendment or change in the Constitution; to repeal conflicting laws; and for other purposes.

Mr. Bolton of Spalding County, Vice Chairman of the Committee on Rules, submitted the following report:

Mr. Speaker:

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

HB 81. Do Pass.

Respectfully submitted,

Bolton of Spalding,

Vice Chairman,

The following Resolutions of the House were read and adopted:

HR 137. By Messrs. Bolton of Spalding, Busbee of Dougherty and Smith of Grady:
A RESOLUTION
Commending the Honorable Pope B. Mclntire; and for other pur poses.
WHEREAS, the Honorable Pope B. Mclntire, Attorney at Law, Atlanta, Georgia, has served for the past sixteen months as ViceChairman of the Constitution Revision Commission created by the 1963 Session of the Georgia General Assembly; and
WHEREAS, while serving as such Vice-Chairman, he presided over all sessions of the Commission, attended Subcommittee meetings and devoted his untiring efforts in the preparation of a Constitution which provides the people of Georgia with a better organized body of organic law, designed to meet the requirements of the increased population growth and industrial expansion of this State; and
WHEREAS, his complete devotion to the job assigned to him, to which he gave unstintingly of his time and energy without any com pensation or remuneration whatsoever except his desire to serve the people of Georgia; and
WHEREAS, because of his detailed and infinite wisdom as an out-

WEDNESDAY, JUNE 24, 1964

1121

standing constitutional lawyer, and because of his vast knowledge of the subject at hand and his desire to assist in producing the best pos sible constitutional law under the circumstances, the Commission has submitted to this General Assembly, and the General Assembly has adopted for submission to the people of Georgia in the November, 1964, General Election, a complete and revised Constitution of this State.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the members of this body hereby ex tend our deepest and sincerest appreciation, along with the apprecia tion of the people whom we represent in the State of Georgia, to the Honorable Pope B. Mclntire, Vice-Chairman of the Constitution Re vision Commission.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit an appro priate copy of this Resolution to the Honorable Pope B. Mclntire.

HR 138. By Mr. Simmons of Banks:
A RESOLUTION
Commending Honorable Thomas J. McDonald, Jr.; and for other purposes.
WHEREAS, Honorable Thomas J. McDonald, Jr., the distinguished and able Representative from White County will not return to the House of Representatives as a member thereof after the expiration of his present term; and
WHEREAS, he has served the people of White County and the State of Georgia with honor and distinction as a member of the House of Representatives since 1961; and
WHEREAS, he has been an effective and influential member of this body; and
WHEREAS, he is prominent in the civic and religious affairs of his community being a member of the Baptist Church and of several public spirited clubs and organizations; and
WHEREAS, the presence of this talented and congenial gentleman will be seriously missed by this body.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend the Honor able Thomas J. McDonald, Jr. the distinguished gentleman from White County and expresses its sincerest best wishes for his continued suc cess in all future endeavors.
BE IT FURTHER RESOLVED that the Clerk of the House of

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JOURNAL OF THE HOUSE,

Representatives is hereby authorized and directed to transmit an appro priate copy of this Resolution to the Honorable Thomas J. McDonald, Jr.

HR 139. By Messrs. Matthews and Bedgood of Clarke, and Melton of Spalding:
A RESOLUTION
Commending Mr. and Mrs. Middleton Barnett Wingfield on their 50th wedding anniversary; and for other purposes.
WHEREAS, on June 22, 1964, Mr. and Mrs. Middleton Barnett Wingfield celebrated their 50th wedding anniversary; and
WHEREAS, for many years Mr. and Mrs. Wingfield have been active in the social life of the City of Athens, Georgia; and
WHEREAS, Mr. Wingfield is an outstanding leader of his busi ness, civic and religious community; and
WHEREAS, Mr. and Mrs. Wingfield are the mother and father-inlaw of the distinguished and able Representative from Spalding County, the Honorable Quimby Melton, Jr., and
WHEREAS, it is only befitting and proper that this body recog nize the many years which Mr. and Mrs. Wingfield have devoted to their community and State.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby extend its heartiest congratulations to Mr. and Mrs. Middleton Barnett Wingfield upon celebrating their 50th wedding anniversary.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and instructed to forward an appropriate copy of this Resolution to Mr. and Mrs. Wingfield.

HR 140. By Messrs. Mixon of Irwin, Overby of Hall and many others:
A RESOLUTION
Relative to Honorable Troy Causby; and for other purposes.
WHEREAS, the Honorable Troy Causby will not return to the General Assembly at the completion of the present special session; and
WHEREAS, Honorable Troy Causby has served with distinction as a member of the Georgia House of Representatives, representing Gordon County; and

WEDNESDAY, JUNE 24, 1964

1123

WHEREAS, upon his departure from this body, his sparkling per sonality and advice and counsel so freely given to this body will be sorely missed.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OP REPRESENTATIVES that this body does hereby commend the Honor able Troy Causby, the distinguished and able Representative from Gor don County, for his many years of public service devoted to the people of the State of Georgia and does hereby extend to him its every \vish for continued success in all his future endeavors.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit an appro priate copy of this Resolution to the Honorable Troy Causby, Repre
sentative, Gordon County.

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

The Speaker announced the House adjourned until 10:00 o'clock a.m. tomor row morning.

1124

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia Thursday, June 25, 1964

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

Prayer was offered by Rev. Norton Campbell, Pastor, Dahlonega Methodist Church, Dahlonega, Ga.

By unanimous consent the call of the roll was dispensed with.

Mr. Clarke of Monroe, Chairman of the Committee on Auditing, Enrolling, Engrossing and Journals reported that the Journal of the previous legislative day had been read and found to be correct.

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

By unanimous consent, the following was established as the order of busi ness during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. 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 passed by substitute by the requisite constitutional majority the following Bill of the House to wit:

THURSDAY, JUNE 25, 1964

1125

HB 58. By Mr. Barber of Jackson:
A Bill to create and establish the Jackson County Airport Authority; and for other purposes.

The Senate has passed as amended by the requisite constitutional majority the following Bill of the House to wit:

HB 73. By Messrs. Smith of Grady, Jordan of Calhoun, Griffin of Decatur, and Rhodes of Baker:
A Bill to amend Code Section 24-2501, relating to judicial circuits of this State, so as to rename the Albany Judicial Circuit as the Sowega Judicial Circuit; and for other purposes.

The following Resolution of the House was read and lost.

HR 141. By Messrs. Laite of Bibb, Lewis of Wilkinson, and many others:
A RESOLUTION
Relative to apportionment; and for other purposes.
WHEREAS, the United States Supreme Court has announced its decision that the membership of both houses of a bicameral state legis lature must be based upon population; and
WHEREAS, it is incumbent upon the General Assembly of Geor gia to apportion the State Senate and the House of Representatives upon a population basis to avoid the judiciary from apportioning these bodies; and
WHEREAS, it is also necessary that the congressional district of Georgia be apportioned on a population basis; and
WHEREAS, under the present apportionment of Georgia's con gressional districts there is a disparity in population of 125,837 from the smallest district (District No. 9) to the largest district (District No. 6); and
WHEREAS, under the present apportionment of the state sena torial districts there is a disparity in population of 42,460 between the smallest district (District No. 33) and the largest district (District No. 42) ; and
WHEREAS, it has become mandatory that the Georgia House of Representatives be apportioned on a population basis; and

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JOURNAL OP THE HOUSE,

WHEREAS, in order that the people of the State of Georgia be truly represented in its state and national legislative bodies, it is wise that all of the above legislative bodies be reapportioned at the same time in order that the above disparity in population be eliminated.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that this body does hereby express its intent that if one of the above three legislative bodies be reappor tioned, that the apportionment of all three bodies must be reexamined and redrawn on a fair and equitable basis of population at one and the same time.

Mr. Funk of Chatham arose on a point of personal privilege and addressed the House:
The following Resolutions of the House were read and adopted:
HR 142. By Mr. Jones of Muscogee:
A RESOLUTION
Relative to commendation; and for other purposes.
WHEREAS, during this special session there have been many resolutions introduced commending various and sundry people and events; and
WHEREAS, it would be tragic for anyone to be left out in this commendation.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend everyone and everything that has not heretofore been commended and extends its heartiest congratulations thereto.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and instructed to furnish anyone with a copy of this Resolution upon request.
HR 143. By Messrs. Overby and Williams of Hall:
A RESOLUTION
Commending Patrolman R. M. Black; and for other purposes.
WHEREAS, Patrolman R. M. Black of the City of Atlanta Police Department has, during the present extraordinary session of the Gen eral Assembly, labored for many long arduous hours in assisting the members of the General Assembly in arriving and departing the con gested area around the State Capitol; and

THURSDAY, JUNE 25, 1964

1127

WHEREAS, the manner in which Patrolman Black has discharged

S

the duties placed upon him reflects credit upon his superiors and the

|

City of Atlanta Police Department; and

WHEREAS, it is only befitting and proper that this body recog nize the expertness, efficiency, and courteous manner, exercised under the most difficult conditions, in which Patrolman Black has discharged the duties assigned to him.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend the Hon orable R. M. Black for the efficient and courteous manner in which he has served the members of this body and does hereby express its appreciation to the City of Atlanta Police Department for their kind ness in allowing Patrolman Black to serve the members of this body,

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and instructed to forward an appropriate copy of this Resolution to Patrolman R. M. Black and to the Chief of Police, Honorable Herbert Jenkins.

HE 144. By Messrs. Smith of Grady, Bolton of Spalding, Busbee of Dougherty and Andrews of Stephens:
A RESOLUTION
Expressing appreciation to the Office of Secretary of State; and for other purposes.
WHEREAS, during the present extraordinary session of the Geor gia General Assembly, the employees of the Office of Secretary of State, under the guidance and leadership of the Honorable Ben W. Fortson, Jr., distinguished Secretary of State of Georgia, and the Honorable Joe N. Burton, Assistant to the Secretary of State, have labored many long and arduous hours to assist the members of this body; and
WHEREAS, due to the efforts of the Office of Secretary of State, the burdens placed upon the members of this body have been greatly lightened; and
WHEREAS, all of the employees of the Office of Secretary of State have displayed their usual and customary kindness and courtesy while serving the members of this body.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby express its sincerest appreciation to the Office of Secretary of State and all of the employees thereof for their many acts of kindness and service given so freely to the members of this body during the present extraordinary session.
BE IT FURTHER RESOLVED that the Clerk of the House of Rep-

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JOURNAL OF THE HOUSE,

resentatives is hereby authorized and instructed to forward an appro priate copy of this Resolution to the Honorable Ben W. Fortson, Jr., Secretary of State.

HR 145. By Messrs. Smith of Grady, Bolton of Spalding, Busbee of Dougherty and Andrews of Stephens:
A RESOLUTION
Expressing appreciation to the employees of the Office of Clerk of the House of Representatives; and for other purposes.
WHEREAS, during the present extraordinary session of the Geor gia General Assembly, the employees of the Clerk's Office of the Geor gia House of Representatives have, with their usual and customary efficiency, performed the tasks assigned to them by the members of this body; and
WHEREAS, the employees of the Clerk's Office have labored many long and arduous hours, sometimes late into the night, to be of out standing service to the members of this House; and
WHEREAS, it is only befitting and proper that recognition and our appreciation be extended for this outstanding service.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby express its deepest and sincerest appreciation to all of the employees of the Clerk of the House of Representatives Office and does hereby express to them their thanks for the many acts of kindness extended to the members of this body.
HR 146. By Messrs. Bynum of Rabun, Shuman of Bryan and many others:
A RESOLUTION
Commending the Honorable Phil Campbell; and for other pur poses.
WHEREAS, the Honorable Phil Campbell, the distinguished Com missioner of Agriculture of the State of Georgia, has served with dis tinction in this capacity for many years; and
WHEREAS, while acting as the head of this important depart ment of the State government, Honorable Phil Campbell has made many contributions to the people of the State of Georgia; and
WHEREAS, it is only befitting and proper that this body recog nize the outstanding manner in which the Honorable Phil Campbell has administered the affairs of his department.

THURSDAY, JUNE 25, 1964

1129

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend the Honor able Phil Campbell, Commissioner of Agriculture of the State of Geor gia, for the outstanding and splendid manner in which he has adminis tered the affairs of the Department of Agriculture.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to forward an appro priate copy of this resolution to the Honorable Phil Campbell, Commis sioner of Agriculture of the State of Georgia.

HR 147. By Mr. Smith of Grady:
A RESOLUTION
Commending the Emory University Glee Club and its Director, Doctor William Lemonds; and for other purposes.
WHEREAS, on Thursday, the 28th day of May, 1964, the Emory University Glee Club performed before the membership of the House of Representatives; and
WHEREAS, the Glee Club was under the able direction of Doctor William Lemonds; and
WHEREAS, the performance of the Glee Club was highly enter taining; and
WHEREAS, the members of the House of Representatives enjoyed the opportunity to hear said Glee Club; and
WHEREAS, the Glee Club's performance was a great tribute to the members of the Glee Club and to the University which they attend; and
WHEREAS, it is only proper that this Glee Club be commanded for its outstanding performance.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body does hereby command the Emory University Glee Club and its Director. Doctor William Lemonds, for the pleasure they afforded the members of this Body.
BE IT FURTHER RESOLVED that this Body does hereby express its appreciation to the Glee Club and to its Director for appearing and performing before this Body.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit an appro priate copy of this Resolution to the Emory University Glee Club and to its Director, Doctor William Lemonds.

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HE 148. By Messrs. Smith of Grady, Bolton of Spalding, Busbee of Dougherty and Andrews of Stephens:

A RESOLUTION

Commending the Office of Legislative Counsel; and for other purposes.

WHEREAS, the members of the staff of the Office of Legislative Counsel have been of invaluable service to the members of this body during the present Extraordinary Session of the General Assembly; and

WHEREAS, the members of the staff have labored many long and arduous hours in order to be of service to each and every member of this House.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body's deepest and sincerest apprecia tion is extended to the members of the staff of the Office of Legislative Counsel for their dedicated service to each and every member of this body.

HR 149. By Messrs. Smith of Grady, Bolton of Spalding, Busbee of Dougherty and Andrews of Stephens:
A RESOLUTION
Relative to personnel and committees; and for other purposes.
BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the Speaker of the House and such members of his office personnel as he might require are authorized to remain at the Capitol five (5) days after adjournment of this Extraordinary Session of the General Assembly, for the purpose of completing the work in the Speaker's office.
BE IT FURTHER RESOLVED that the Administration Floor Leader and such members of his office personnel as he might require are authorized to remain at the Capitol five (5) days after adjourn ment of such Session, for the purpose of completing the work in the Floor Leader's office.
BE IT FURTHER RESOLVED that the Clerk of the House and such members of his staff as he deems necessary are authorized to remain at the Capitol fifteen (15) days after adjournment of such Session, 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 Audi tors, Enrolling, Engrossing and Journals Committee are authorized

THURSDAY, JUNE 25, 1964

1131

to remain at the Capitol three (3) days after adjournment of such Session and the Chairman thereof two (2) additional days, for the pur pose of checking Bills and Resolutions, auditing expenses and trans acting whatever other matters are necessary. Such members and the Chairman shall receive the compensation, per diem, expenses and allow ances authorized for members of interim legislative committees.

BE IT FURTHER RESOLVED that the Postmaster of the House is authorized to remain at the Capitol two (2) days after adjourn ment of such Session, for the purpose of forwarding members' mail. The Postmaster shall receive the same compensation, per diem, expenses and allowance authorized for members of interim legislative committees.

BE IT FURTHER RESOLVED that all of the above persons who are authorized to remain at the Capitol to take care of the unfinished business of the House, shall receive the same compensation as that received during such Extraordinary Session unless otherwise specifically provided in this resolution.

HR 150. By Mr. Watson of Pike:
A RESOLUTION
Calling upon the President of the United States to include within his program of war on poverty the development of the Chattahoochee and Flint River basins; and for other purposes.
WHEREAS, the President of the United States has embarked upon a program, unprecedented in history, of alleviating deep pockets of poverty throughout the nation; and
WHEREAS, particular emphasis has been placed upon those de pressed areas located within the Appalachian Mountain range; and
WHEREAS, the development of the Chattahoochee and Flint River basins through the construction of flood control dams will result in much needed hydro-electric power facilities, vast recreational oppor tunities and conservation of one of our most precious resources--water --and the development of wildlife conservation; and
WHEREAS, the vast undertaking of the development of these river basins will provide unprecedented employment opportunities for both skilled and unskilled personnel, providing the means of securing a liveli hood for school dropouts and untrained workers; and
WHEREAS, the headwaters of the Chattahoochee River are located within the heart of the North Georgia Appalachian region; and
WHEREAS, the resulting benefits to be derived from the develop ment of said river basins will extend into the vast tributaries of these two rivers; and

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WHEREAS, the development of these two rivers will provide an inland canal which, when completed, will connect the Appalachicola River and the Savannah River, joining the Atlantic Ocean and the Gulf of Mexico; and

WHEREAS, the Honorable Carl E. Sanders, the progressive and young Governor of our State, has pledged all of the resources and energies available to his office to spur the completion of such a develop ment; and

WHEREAS, the many benefits to be derived from the inclusion of these projects within the President's program are readily assessable.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby urge the Honorable Lyndon B. Johnson, President of the United States of America, to include as an integral part of his program to alleviate poverty within the United States the development of the Chattahoochee and Flint River basins.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit an appro priate copy of this Resolution to the Honorable Lyndon B. Johnson, President of the United States, to the Georgia Congressional Delega tion and to the Honorable C. P. Watson, Representative, Pike County.

HR 151. By Mr. Dean of Polk:
A RESOLUTION
Commending the Lockheed-Georgia Company; and for other pur poses.
WHEREAS, Lockheed-Georgia Company, through its many facili ties located in the State of Georgia, is Georgia's largest employer, em ploying 18,000 personnel with an annual payroll of 100 million dollars; and
WHEREAS, Lockheed-Georgia Company has provided employment opportunities for untold numbers of skilled craftsmen in the aircraft and missile industry; and
WHEREAS, through the research facilities of the Georgia Nu clear Laboratory located at Dawsonville, Lockheed is providing un paralleled research and development opportunities for the citizens of the State of Georgia; and
WHEREAS, Lockheed-Georgia Company is one of the leading em ployers in the industrial relations field and participates with un paralleled enthusiasm in all civic and community endeavors; and

THURSDAY, JUNE 25, 1964

1133

WHEREAS, it is with a great deal of pride that the citizens of the State of Georgia have so fine an industrial facility located within the boundaries of this State with all its attendant benefits.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend LockheedGeorgia Company for its many outstanding contributions to the de fense effort of this country and to the stimulating effects upon the economy of the State and local communities and does hereby extend its heartiest congratulations to said company on its position as one of the foremost firms in the aircraft and missile industry.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and instructed to forward an appropriate copy of this resolution to Mr. W. A. "Dick" Pulver, General Manager of Lockheed-Georgia Company and to Mr. Lee Rodgers, Di rector of Public Relations for said firm.

HR 152. By Messrs. Killian of Glynn, Sinclair of Macon, and many others:
A RESOLUTION
Commending the Honorable Wilson Brooks; and for other purposes.
WHEREAS, the Honorable Wilson Brooks, the distinguished and able member of the House of Representatives from Fulton County, has served with distinction for many years in this body; and
WHEREAS, while representing the people of Fulton County in the Georgia House of Representatives, the Honorable Wilson Brooks has served in many important and influential posts; and
WHEREAS, during his public service, Wilson Brooks has been of untold benefit to the members of this body through his astute knowl edge of the legislative process; and
WHEREAS, while serving as a member of this body, the Honorable Wilson Brooks has become one of the most respected and beloved mem bers ever to have served in the General Assembly; and
WHEREAS, it is only befitting and proper that the many accom plishments and devotion to duty shown by this outstanding citizen be recognized.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES, that this body does hereby commend the Honor able Wilson Brooks, the distinguished and able Representative from Fulton County, for his many years of public service and for the many outstanding contributions made to this body.
BE IT FURTHER RESOLVED that the Clerk of the House of

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Representatives is hereby authorized and instructed to forward an appropriate copy of this Resolution to the Honorable Wilson Brooks, Representative from Fulton County.

HR 153. By Mr. Bolton of Spalding:
A RESOLUTION
Commending the members of the Constitution Revision Commission; and for other purposes.
WHEREAS, the members of the Constitution Revision Commis sion labored for many long and arduous hours in order to prepare a draft of a proposed new Constitution; and
WHEREAS, the members of this body through their labors experi enced great personal sacrifice which was freely given in order to pro vide the people of the State of Georgia with a new and improved Con stitution; and
WHEREAS, the members of this body, on behalf of the people of the State of Georgia, desiring to express their appreciation to the members of this Commission for their outstanding public service.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend and ex press its appreciation on behalf of the people of the State of Georgia to each and every member of the Constitution Revision Commission for the outstanding manner in which they performed the task assigned to them.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to forward an appro priate copy of this resolution to each member of the Constitution Revision Commission.

HR 155. By Messrs. Richardson and Shea of Chatham, and many others:
A RESOLUTION
Commending Honorable Arthur J. Funk, Representative from Chatham County; and for other purposes.
WHEREAS, Honorable Arthur J. Funk, the distinguished and able Representative from Chatham County, has stated that he shall not seek reelection to his seat in the House of Representatives; and
WHEREAS, Representative Funk has served in the House of Rep resentatives of Georgia from Chatham County in the 1961, 1962, 1963,

THURSDAY, JUNE 25, 1964

1135

and 1964 regular and extraordinary sessions of the General Assembly; and

WHEREAS, Representative Funk was born on June 14, 1898, in Savannah, Chatham County, Georgia and is a graduate of Savannah High School as well as attending Johns Hopkins University, Columbia University and the University of Georgia; and

WHEREAS, Representative Punk is the son of the late John Sebas tian Funk and the late Jane Wilson Funk; and

WHEREAS, Representative Funk has long been known among his colleagues for his forthright integrity and for the attentive manner in which he has ably performed his legislative duties; and

WHEREAS, his serving as a teacher and principal in the public schools of Chatham County and his participation in the affairs in the Legislative Branch of Government have earned for him the reputation of being a devoted public servant; and

WHEREAS, the presence of this talented, learned, forthright speak er and gentleman will be sorely missed by this body.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend the Honor able Arthur J. Funk for his participation during his two years in the affairs of the Legislative Branch of Government and for the exemplary and dedicated manner in which he has represented his community, his county and the State of Georgia.

BE IT FURTHER RESOLVED that this body does hereby express its sincere desire and wish to the distinguished gentleman from Chatham for many enjoyable and successful years of continued health, success and happiness in all his future endeavors.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to forward an ap propriate copy of this Resolution with the seal of the House of Repre sentatives affixed thereto to the distinguished gentleman from Chatham, Honorable Arthur J. Funk.

HE 156 By Messrs. Morgan of Newton, Houston of Pierce, and many others:
A RESOLUTION
Congratulating Honorable and Mrs. Will Poole upon the occasion of their 40th Wedding Anniversary; and for other purposes.
WHEREAS, Honorable Will Poole, Representative, Pickens County, and his charming wife, Myrtle Henson Poole, will celebrate their 40th Wedding Anniversary on June 11, 1964; and

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WHE"REAS, this devoted couple has one lovely daughter, Mrs. Robert Gilbert; and

WHEREAS, the members of this body share the happiness of Honor able and Mrs. Will Poole in celebrating their 40th Wedding Anniversary.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does sincerely congratulate Honor able and Mrs. Will Poole upon the occasion of their 40th Wedding An niversary and further expresses its best wishes for their continued hap piness.

BE IT FURTHER RESOLVED that the Clerk of the House is hereby authorized and directed to forward an appropriate copy of this Resolution to Honorable and Mrs. Will Poole.

HR 157. By Messrs. Smith of Grady, Bolton of Spalding, Busbee of Dougherty and Andrews of Stephens:
A RESOLUTION
Relative to adjournment of the General Assembly; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA that the General Assembly which convened in Extraordinary Ses sion on May 4, 1964, adjourn sine die at 12:15 o'clock P.M. on June 25, 1964.
HR 158. By Mr. Barber of Jackson:
A RESOLUTION
Commending those responsible for the combined facilities of the DeKalb Junior College and the DeKalb Vocational Technical School; and for other purposes.
WHEREAS, located upon one campus in DeKalb County, Georgia, there is the DeKalb Junior College and the DeKalb Vocational Techni cal School; and
WHEREAS, these two fine educational institutions have the prom ise of becoming the most outstanding and progressive institutions of their kind in this nation; and
WHEREAS, due to the foresight of the DeKalb County legislative delegation to the General Assembly, the DeKalb County Chamber of Commerce, the governing authority of DeKalb County and the citizens of DeKalb County who have displayed the wisdom to provide the neces-

THURSDAY, JUNE 25, 1964

1137

sary financing of these institutions, these excellent facilities have been made available to the citizens of DeKalb County and the State of Geor gia; and

WHEREAS, educational facilities of this type are an absolute neces sity to the economic well being of Georgia and are of untold benefit to the State of Georgia.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend the DeKalb County legislative delegation, the DeKalb County Chamber of Com merce, the governing authority of DeKalb County and the citizens of DeKalb County for their foresight in establishing so fine an institution as the DeKalb Junior College and the DeKalb Vocational Technical School; and

BE IT FURTHER RESOLVED BY THE HOUSE OF REPRE SENTATIVES that this body express its thanks and appreciation to Representative James A. Mackay of DeKalb County; to Representative J. Robin Harris of DeKalb County; to the Honorable Jim Cherry, Super intendent, DeKalb County Public Schools; and to the DeKalb County Chamber of Commerce for the opportunity afforded Georgia lawmakers in visiting these fine and modern facilities and witnessing their opera tions; and

BE IT FURTHER RESOLVED BY THE HOUSE OF REPRE SENTATIVES that this body express the need for future orientation of the make-up and operations of such facilities so that Georgia law makers may continue to better familiarize themselves with the educa tional opportunities provided by such splendid facilities; and

BE IT FURTHER RESOLVED BY THE HOUSE OF REPRE SENTATIVES that copies of this Resolution be transmitted to Repre sentative James A. Mackay; to Representative J. Robin Harris; to Honorable Jim Cherry; to the Honorable Rufus Camp, President, De Kalb County Chamber of Commerce; to the Honorable Gifford Mabie, Chairman, Educational Committee, DeKalb County Chamber of Com merce; and to the Honorable C. O. Emmerich, Chairman, DeKalb Board of Commissioners.

HR 159. By Mr. Dean of Polk:
A RESOLUTION
Commending Mrs. Ellen T. Dean; and for other purposes.
WHEREAS, Mrs. Ellen T. Dean, mother of Honorable Nathan D. Dean, Representative of Polk County, was recently honored by the Rockmart Hospital and Rockmart Gray Lady Association for attain ing in excess of 1500 hours as a Gray Lady; and
WHEREAS, the Gray Lady Association is a national organization

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composed of charitable women who contribute their time and energies to comfort the afflicted, sick, and disabled; and

WHEREAS, these dedicated and humanitarian ladies perform an invaluable service by releasing the staffs of hospitals to perform duties requiring their professional skills; and

WHEREAS, these ladies receive no compensation for their services;
and
WHEREAS, Mrs. Dean is to be commended for sacrificing 1500 hours of her time to the Rockmart Hospital as a Gray Lady.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby sincerely commend Mrs. Ellen T. Dean for her outstanding work as a Gray Lady.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to forward a copy of this Resolution to Mrs. Ellen T. Dean; to her son, Honorable Nathan D. Dean, Representative of Polk County; to the Rockmart Gray Lady Association; and to the Rockmart Hospital.

The following Resolution was read:

HR 154. By Messrs. Cullens of Bartow, Duncan of Carroll, and many others:
A RESOLUTION
Relative to reapportionment of the House of Representatives; and for other purposes.
WHEREAS, on June 15, 1964, the United States Supreme Court, in the case of Reynolds vs. Simms, et al., handed down the decision that the membership of both houses of a state legislature must be apportioned on the basis of population; and
WHEREAS, on June 19, 1964, the United States District Court for the Northern District of Georgia, in the case of Toombs, et al. vs. Fortson, et al., has declared that Paragraph of the 1945 Constitution of the State of Georgia dealing with the composition of the Georgia House of Representatives to be in violation of the United States Con stitution; and
WHEREAS, in said ruling, the United States District Court has ordered reapportionment of the Georgia House of Representatives; and
WHEREAS, the proclamation of the Governor convening the Gen eral Assembly in extraordinary session is not broad enough to permit

THURSDAY, JUNE 25, 1964

1139

the enactment of a general statute dealing with reapportionment of the House of Representatives; and

WHEREAS, at the present extraordinary session of the Georgia General Assembly there are various amendments proposed to the 1945 Constitution, dealing with reapportionment of the Georgia House of Representatives, which amendments are included within the Governor's proclamation; and

WHEREAS, it is possible to provide through the vehicle of a Con stitutional amendment a plan of reapportionment at this present extra ordinary session of the Georgia General Assembly; and

WHEREAS, the members of this body would be derelict in their duty to the citizens of the State of Georgia if they should fail or refuse to act responsibly on the question of reapportionment at this time.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby express its intent to remain in extraordinary session until members of this body have had the opportunity to discharge their responsibilities to the people of the State of Georgia by conceiving and proposing a plan of reapportionment of the Georgia House of Representatives through those means available to them at this present extraordinary session.

Mr. Branch of Tift moved that further consideration of HR 154 be in definitely postponed.

The following Bills of the House were taken up for the purpose of consider ing the Senate amendments thereto:
HB 58. By Mr. Barber of Jackson:
A Bill to be entitled an Act to create and establish the Jackson County Airport Authority, and for other purposes.
The following Senate substitute was read:
HB 58. By Mr. Barber of Jackson:
A BILL
To be entitled an Act to create and establish the Jackson County Airport Authority and to authorize such Authority to acquire, con struct, equip, maintain, operate, own and improve airports and landing fields for the use of aircraft which shall include related buildings, equipment and the usual and convenient facilities appertaining to such

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undertaking, and to acquire, own and hold a fee simple title to all neces sary property therefor, both real and personal, and to lease and sell any and all such facilities, including real property; to confer powers and to impose duties on the Authority; to provide for the membership and for the appointment of members of the Authority and their term of tenure and compensation; to authorize the Authority to contract with others pertaining to airports and landing fields for the use of aircraft and to execute leases of such facilities and to do all things deemed necessary or convenient for the operation of such undertaking; to authorize the issuance of revenue bonds or obligations of the Author ity payable from the revenues, tolls, fees, charges and earnings of the Authority, including, but not limited to, earnings derived from leases and the use of the facilities, and to pay the costs of such undertakings and authorize the collection and pledging of the revenues and earnings of the Authority for the payment of such bonds or obligations or to secure the payment thereof by contract, mortgage, deed to secure debt, security deed note or trust deed and to define the rights of the holders of such bonds and securities; to provide that no liability or debt against the County of Jackson shall be incurred in the exercise of any powers granted by this Act; to make the bonds, securities or obligations of the Authority exempt from taxation; to authorize the issuance of re funding bonds, securities or other obligations; to provide that such bonds, securities or other obligations be validated as authorized by the Revenue Bond Law (Ga. Laws 1957, p. 36, et seq.) amending the law known as the Revenue Certificate Law of 1937 (Ga. Laws 1937, p. 761, et seq.), as amended; to provide for the separate enactment of each provision of this Act; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:

Section 1. Short Title--This Act may be cited as the "Jackson County Airport Authority Act".

Section 2. Jackson County Airport Authority--There is hereby created a body corporate and politic to be known as the Jackson County Airport Authority, which shall be deemed to be a political subdivision of the State of Georgia and a public corporation by that name, style and title and said body may contract and be contracted with, sue and be sued, implead and be impleaded, complain and defend in all courts of law and equity, except that the Authority of the trustee acting under the trust indenture herein provided for shall in no event be liable for any torts committed by any of the officers, agents and employees of the Authority.
Section 3. Membership--The Jackson County Airport Authority shall be composed of five members who shall be appointed as herein provided. Member Number one of this Authority shall be M. M. Bryan, Jr., who shall serve as a member of the Authority from the effective date of this Act until December 31, 1969, and until his successor shall have been duly appointed and qualified. Thereafter Member Number one shall be named by the Board of Commissioners of Roads and Reve nues of Jackson County to serve for a term of five years, ending De cember 31, 1974, and until the successor shall have been duly appointed and qualified. All subsequent appointments shall be for a term of five

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1141

years and until the successor shall have been duly appointed and quali fied. Member Number two of this Authority shall be J. H. Makemson, who shall serve as a member of the Authority from the effective date of this Act until December 31, 1969, and until his successor shall have been duly appointed and qualified. Thereafter Member Number two shall be named by the Board of Commissioners of Roads and Revenues of Jackson County to serve for a term of five years, ending December 31, 1974, and until his successor shall have been duly appointed and quali fied. All subsequent appointments shall be for a term of five years and until the successor shall have been duly appointed and qualified. Upon the effective date of this Act, Member Number three of this Authority shall be named by the Board of Commissioners of Roads and Revenues of Jackson County to serve until December 31, 1967, and until his suc cessor shall have been duly appointed and qualified. All subsequent appointments shall be for a term of five years and until the successor shall have been duly appointed and qualified. Upon the effective date of this Act, Member Number four of this Authority shall be named by the Mayor and Council of Jefferson, Georgia, to serve until December 31, 1967, and until his successor shall have been duly appointed and qualified. All subsequent appointments shall be for a term of five years and until the successor shall have been duly appointed and qualified. Upon the effective date of this Act, Member Number five of this Au thority shall be named by the Mayor of Commerce, Georgia to serve until December 31, 1965, and until his successor shall have been duly appointed and qualified. All subsequent appointments shall be for a term of five years and until the successor shall have been duly ap pointed and qualified.

Section 4. Meeting--The Authority shall hold their first regular meeting within thirty days after the approval of this Act, and the first regular meeting of each year thereafter shall be in January. The Au thority shall meet at such times as may be necessary to transact the business coming before it. At its first meeting in January of each year thereafter, the Authority shall elect one of its members as its Chair man and another member as Secretary-Treasurer. Only one person shall hold the office of Secretary-Treasurer. These officers shall be elected for a term ending on December 31st of the year in which they were elected or until their successors are elected and qualified. Three mem bers of the Authority shall constitute a quorum for the transaction of all business coming before it. The members of the Authority shall not be compensated for services rendered as members; however, it is ex pressly provided that they shall be reimbursed for all actual expenses incurred in the performance of their duties.

Section 5. Vacancies in Office--In the event of a vacancy on the Authority by reason of death, resignation or otherwise, the vacancy shall be filled by the appropriate appointing authority and the person so appointed shall serve for the remainder of the unexpired term.

Section 6. Definitions--As used in this Act, the following words and terms have the following meanings:
(a) The word "Authority" shall mean the "Jackson County Air port Authority" as created by the provisions of this Act.

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(b) The word "project" shall be deemed to mean and include the acquisition, construction, equipping, maintenance, improving, and opera
tion of public airports and landing fields for the use of aircraft, and related buildings and the usual and convenient facilities appertaining to such undertakings and extensions and improvements of such facili ties, acquiring the necessary property, both real and personal, and the lease and sale of any part or all such facilities, including real and per sonal property so as to assure the efficient and proper development, maintenance and operation of such airports and landing fields for the use of aircraft deemed by the Authority to be necessary, convenient or desirable for the operation of such airports and landing fields.

(c) The term "cost of the project" shall embrace the cost of all lands, properties, rights, easements and franchises acquired, the cost of all machinery, equipment, financing charges, interest prior to and dur ing construction, cost of engineering, architectural, fiscal and legal ex penses, and of plans and specifications, and such other expenses as may be necessary or incident to the financing herein authorized, the con struction of any project and improving the same, the placing of the same in operation. Any obligation or expense incurred for any of the foregoing purposes shall be regarded as a part of the cost of the project and may be paid or reimbursed as such out of any funds of the Au thority, including the proceeds from any revenue bonds issued under the provisions of this Act for any such project or projects.

(d) The terms "revenue bonds", "bonds", and "obligations", as used in this Act, shall mean revenue bonds as defined and provided for in the Revenue Bond Law (Ga. Laws 1957, p. 36, et seq.) amending the law formerly known as the Revenue Certificate Law of 1937 (Ga. Laws 1937, p. 761, et seq.), as amended, and such type of obligations may be issued by the Authority as authorized under said Revenue Bond Law and any amendments thereto, and in addition shall also mean obligations of the Authority the issuance of which are hereinafter authorized in this Act.
(e) Any project shall be deemed "self-liquidating" if, in the judg ment of the Authority, the revenues and earnings to be derived by the Authority therefrom and all properties used, leased and sold in con nection therewith will be sufficient to pay the cost of operating, main taining and repairing, improving and extending the project and to pay the principal and interest of the revenue bonds which may be issued to finance, in whole or in part, the cost of such project or projects.

Section 7. Powers--The Authority shall have powers:

(a) To have a seal and alter the same at pleasure;

(b) To acquire by purchase, lease or otherwise, and to hold, lease, dispose of real and personal property of every kind and character for its corporate purposes;

(c) To acquire in its own name by purchase, gift or otherwise, on such terms and conditions and in such manner as it may deem proper, real property or rights of easements therein or franchises necessary or

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1143

convenient for its corporate purposes, and to use the same so long as its corporate existence shall continue and to lease or make contract with respect to the use of or disposition of the same in any manner it deems to the best advantage of the Authority;

(d) To appoint, select, and employ officers, agents, and employees including engineering, architectural and construction experts, fiscal agents and attorneys, and fix their respective compensations;

(e) To make contracts, leases and to execute all instruments nec essary or convenient, including contracts for construction of projects or leases of projects or contracts with respect to the use of projects which it causes to be erected or acquired and any and all persons, firms and corporations and any and all political subdivisions, departments, institutions, or agencies of the State are hereby authorized to enter into contracts, leases or agreements with the Authority upon such terms and for such purposes as they may deem advisable; the said Authority is further granted the authority to make contracts, leases and to execute all instruments necessary or convenient with the United States Gov ernment or any agency or department thereof concerning the projects of the Authority, subject to the rights and interests of the holder of any of the bonds or obligations authorized to be issued hereunder, and by the resolution or trust indenture of the Authority authorizing the issuance of any of its bonds or obligations as provided in Section 21 of this Act;

(f) To construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve, equip, operate and manage projects, as hereinabove defined, the cost of any such project to be paid in whole or in part from the proceeds of revenue bonds or other funds of the Authority or from such proceeds or other funds and any grant from the United States of America or any agency or instrumentality thereof;

(g) To accept loans and grants, or to accept loans or grants of money or materials or property of any kind from the United States of America or any agency or instrumentality or political subdivision there of or from any other source, upon such terms and conditions as the United States of America or such agency or instrumentality or other source may impose;

(h) To accept loans and grants, or to accept loans or grants of money or materials or property of any kind from the State of Georgia or any agency or instrumentality or political subdivision thereof or from any other source, upon such terms and conditions as the State of Georgia or such agency or instrumentality or political subdivision or any other source, may impose;

(i) To borrow money for any of its corporate purposes and to execute evidences of such indebtedness and to secure the same and to issue negotiable revenue bonds payable solely from funds pledged for that purpose, and to provide for the payment of the same and for the rights of the holders thereof;
(j) To exercise any power usually possessed by private corpora-

1144

JOURNAL OP THE HOUSE,

tions performing similar functions, which is not in conflict with the Constitution and laws of this State, except the right of eminent domain;

(k) The Authority and the trustee acting under the trust inden ture, are specifically authorized subject from time to time to sell, lease, grant, exchange or otherwise dispose of any surplus property, both real or personal, or interest therein not required in the normal operation of and usable in the furtherance of the purpose for which the Authority was created, except as such right and power may be limited as pro vided in Section 2 and Section 21 hereof;

(1) To do all things necessary or convenient to carry out the powers especially given in this Act.

Section 8. Revenue Bonds--The Authority, or any authority or body which has or which may in the future succeed to the powers, duties and liabilities vested in the Authority created hereby, shall have power and is hereby authorized at one time, or from time to time, to provide by resolution for the issuance of negotiable revenue bonds, for the purpose of paying all or any part of the cost as herein defined of any one or more projects. The principal and interest of such revenue bonds shall be payable solely from the special fund herein provided for such payment. The bonds of each issue shall be dated, shall bear interest at such rate or rates as may be authorized by the Authority from time to time, shall be payable semi-annually, shall mature at such time or times not exceeding thirty years from their date or dates, shall be payable in such medium of payment as to both principal and interest as may be determined by the Authority, and may be made redeemable before maturity at the option of the Authority, at such price or prices and under such terms and conditions as may be fixed by the Authority in the resolution providing for the issuance of the bonds. Such revenue bonds or obligations shall be issued pursuant to and in conformity with the Revenue Bond Law (Ga. L. 1937, p. 26 et seq.) amending the Law formerly known as the Revenue Certificate Law of 1937 (Ga. L. 1937, p. 761, et seq., as amended), and all procedures pertaining to such issu ance and the conditions thereof shall be the same as those contained in said Revenue Bond Law and any amendments thereto.
Section 9. Form, Denominations, Registration, Place of Payment-- The Authority shall determine the form of the bonds and the place or places of payment of principal thereto, and shall fix the denomination or denominations of the bonds and the place or places of payment or principal and interest thereof, which may be at any bank or trust com pany within or without the State. The Bonds may be issued in coupon or registered form, or both, as the Authority may determine and pro vision may be made for the registration of any coupon bond as to princi pal alone and also as to both the principal and interest.
Section 10. Signatures, Seal--In case any officer whose signature shall appear on any bonds or whose facsimile signature shall appear on any coupon shall cease to be such officer before the delivery of such bonds, such signature shall nevertheless be valid and sufficient for all purposes the same as if he had remained in office until such delivery. All such bonds shall be signed by the Chairman of the Authority and

THURSDAY, JUNE 25, 1964

1145

attested by the Secretary-Treasurer of the Authority and the official seal of the Authority shall be affixed thereto and any coupons attached thereto shall bear the facsimile signatures of the Chairman and Sec retary-Treasurer of the Authority. Any bond may be signed, sealed and attested on behalf of the Authority by such persons as at the actual time of the execution of such bonds shall be duly authorized or hold the proper office, although at the date of delivery and payment of such bonds such persons may not have been so authorized or shall not have held such office.

Section 11. Negotiability, Exemption from Taxation--All revenue bonds issued under the provisions of this Act shall have and are hereby declared to have all the qualities and incidents of negotiable instru ments under the negotiable instrument law of the State. Such bonds are declared to be issued for an essential public and governmental pur pose and the said bonds, their transfer, and the income thereof shall be exempt from all taxation within the State.

Section 12. Sale, Price--The Authority may sell such bonds in such manner and for such price as it may determine to be for the best in terest of the Authority, but no such sale shall be made at a price less than par as provided in the Revenue Bond Law, unless said Revenue Bond Law be hereafter amended to permit the sale of such bonds at less than par.

Section 13. Proceeds of Bonds--The proceeds of such bonds shall be used solely for the payment of the cost of the project or projects, and unless otherwise provided in the resolution authorizing the issuance of the bonds or in the trust indenture, additional bonds may in like manner be issued to provide the amount of any deficit for the cost of the project or projects, which unless otherwise provided in the resolu tion authorizing the issuance of the bonds or in the trust indenture shall be deemed to be of the same issue and shall be entitled to pay ment from the same fund without preference or priority of the bonds first issued for the same purposes. If the proceeds of the bonds of any issue shall exceed the amount required for the purpose for which such bonds are issued, the surplus shall be paid into a sinking fund or used for additional construction as may be provided in the resolu tion authorizing the issuance of the bonds or in the trust indenture.

Section 14. Interim Receipts and Certificates or Temporary Bonds --Prior to the preparation of definitive bonds, the Authority may, under like restrictions issue interim receipts, interim certificates or temporary bonds, with or without coupons exchangeable for definitive bonds upon the issuance of the latter.

Section 15. Replacement of Lost or Mutilated Bonds--The Au thority may also provide for the replacement of any bond which shall become mutilated or be destroyed or lost.

Section 16. Conditions Precedent to Issuance, Object of Issuance-- Such revenue bonds may be issued without any other proceedings or the happening of any other conditions or things than those proceedings, conditions and things which are specified or required by this Act. In

1146

JOURNAL OF THE HOUSE,

the discretion of the Authority, revenue bonds of a single issue may be issued for the purpose of any particular project. Any resolution, providing for the issuance of revenue bonds under the provisions of this Act shall become effective immediately upon its passage and need not be published or posted, and any such resolution may be passed at any regular or special or adjourned meeting of the Authority by a majority of the quorum as in this Act provided.

Section 17. Credit not Pledged--Revenue bonds issued under the provisions of this Act shall not be deemed to constitute a debt of Jack son County, or any municipality therein, but such bonds shall be pay able solely from the fund hereinafter provided for and the issuance of such revenue bonds shall not directly, indirectly or contingently obligate the said county, or any municipality therein, to levy or to pledge any form of taxation whatever therefor or to make any appro priation for the payment, and all such bonds shall contain recitals on their face covering substantially the foregoing provisions of this section.

Section 18. Trust Indenture as Security--In the discretion of the Authority, any issue of such revenue bonds may be secured by a trust indenture by and between the Authority and a corporate trustee, which may be any trust company or bank having the powers of a trust com pany within or outside of the State. Such trust indenture may pledge or assign fees, tolls, revenues, and earnings to be received by the Authority, including the proceeds derived from the sale from time to time of any surplus property of the Authority, both real and personal. Either the resolution providing for the issuance of revenue bonds or such trust indenture may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reason able and proper and not in violation of law, including covenants setting forth the duties of the Authority in relation to the acquisition of prop erty, the construction of the project, the maintenance, operation re pair and insurance of the property, and the custody, safeguarding and application of all monies, including the proceeds derived from the sale of property of the Authority, both real and personal, and may also pro vide that any project shall be constructed and paid for under the supervision and approval of consulting engineers or architects em ployed or designated by the Authority, and satisfactory to the original purchases of the bonds issued therefor and may also require that the security given by contractors and by any depository of the proceeds of the bonds or revenues or other monies be satisfactory to such purchases, and may also contain provisions concerning the conditions, if any, upon which additional revenue bonds may be issued. It shall be lawful for any bank or trust company incorporated under the laws of this State to act as such depository and to furnish such indemnifying bonds or pledge such securities as may be required by the Authority. Such inden ture may set forth the rights and remedies of the bondholders and of the trustee, and may restrict the individual right of action of bond holders as is customary in trust indentures securing bonds and deben tures of corporations. In addition to the foregoing, such trust inden tures may contain such other provisions as the Authority may deem reasonable and proper for the security of the holdholders. All expenses incurred in carrying out such trust indenture may be treated as a part of the cost of maintenance, operation and repair of the project affected by such indenture.

THURSDAY, JUNE 25, 1964

1147

Section 19. To Whom Proceeds of Bonds shall be Paid--The Au thority shall, in the resolution providing for the issuance of revenue bonds or in trust indenture, provide for the payment of the proceeds of the sale of the bonds to any officer or person who, or any agency, bank or trust company which, shall act as trustee of such funds and shall hold and apply the same to the purposes hereof, subject to such regula tions as this Act and such resolutions or trust indentures may provide.

Section 20. Sinking Fund--The revenues, fees, tolls, and earnings derived from any particular project or projects, regardless of whether or not such fees, earnings and revenues were produced by a particular project for which bonds have been issued and any monies derived from the sale of any properties, both real and personal of the Authority, unless otherwise pledged and allocated, may be pledged and allocated by the Authority to payment of the principal and interest on revenue bonds of the Authority as the resolution authorizing the issuance of the bonds or in the trust instrument may provide, and such funds so pledged from whatever source received, which said pledge may include funds received from one or more or all sources, shall be set aside at regular intervals as may be provided in the resolution or trust inden ture, into a sinking fund which said sinking fund shall be pledged to and charged with the payments of (1) the interest upon such revenue bonds as such interest shall fall due, (2) the principal of the bonds as the same shall fall due, (3) the necessary charges of paying agent or agents for paying interest and principal and (4) any premium upon bonds retired by call or purchase as hereinabove provided. The use and disposition of such sinking fund shall be subject to such regulations as may be provided in the resolution authorizing the issuance of the revenue bonds or in the trust indenture, but, except as may otherwise be provided in such resolution or trust indenture, such sinking fund shall be a fund for the benefit of all revenue bonds without distinction or priority of one over another. Subject to the provisions of the reso lution authorizing the issuance of the bonds or in the trust indenture surplus monies in the sinking fund may be applied to the purchase or redemption of bonds and any such bonds so purchased or redeemed shall forthwith be cancelled and shall not again be issued.

Section 21. Remedies of Bondholders--Any holder of revenue bonds issued under the provisions of this Act or any of the coupons apper taining thereto, and the trustee under the trust indenture, if any, ex cept to the extent the rights herein given may be restricted by resoluion passed before the issuance of the bonds or by the trust indenture, may, either at law or in equity, by suit, action, mandamus, or other proceedings protect and enforce any and all rights under the laws of the State of Georgia or granted hereunder or under such resolution or trust indenture, and may enforce and compel performance of all duties required by this Act or by such resolution or trust indenture, to be performed by the Authority, or any officer thereof, including the fixing, charging and collecting of revenues, fees, tolls, and other charges for the use of the facilities and services furnished.

Section 22. Refunding Bonds--The Authority is hereby authorized to provide by resolution for the issue of revenue refunding bonds of the Authority for the purpose of refunding any revenue bonds issued under the provisions of this Act and then outstanding, together with

1148

JOURNAL OF THE HOUSE,

accrued interest thereon. The issuance of such revenue refunding bonds, the maturities and all other details thereof, the rights of the holders thereof, and the duties of the Authority in respect to the same, shall be governed by the foregoing provisions of this Act insofar as the same may be applicable.
Section 23. Validation--Bonds of the Authority shall be confirmed and validated in accordance with the procedure of said Revenue Bond Law. The petition for validation shall also make party defendant to such action any municipality, county, authority, subdivision or instru mentality of the State of Georgia or the United States Government or any department or agency of the United States Government, if subject to be sued, which has contracted with the Authority for the services and facilities of the project for which bonds are to be issued and sought to be validated and such municipality, county, authority, sub division or instrumentality, shall be required to show cause, if any, why such contract or contracts and the terms and conditions thereof should not be inquired into by the court and the validity of the terms thereof be determined and the contract or contracts adjudicated as security for the payment of any such bonds of the Authority. The bonds when validated, and the judgment of validation shall be final and conclusive with respect to such bonds, against the Authority issuing the same, and any municipality, county, authority, subdivision or instrumentality of the United States Government, if a party to the validation proceed ings, contracting with the said Jackson County Airport Authority.

Section 24. Venue and Jurisdiction--Any action to protect or en force any rights under the provisions of this Act or any suit or action against such Authority shall be brought in the Superior Court of Jack son County, Georgia, and any action pertaining to validation of any bonds issued under the provisions of this Act shall likewise be brought in said court which shall have exclusive, original jurisdiction of such actions.
Section 25. Interest of Bondholders Protected--While any of the bonds issued by the Authority remain outstanding, the powers, duties or existence of said Authority or of its officers, employees or agents shall not be diminished or impaired in any manner that will affect adversely the interest and rights of the holders of such bonds, and no other entity, department, agency or authority will be created which will compete with the Authority to such an extent as to affect adversely the interest and rights of the holders of such bonds, and upon the issu ance of bonds under the provisions hereof, shall constitute a contract with the holders of such bonds.
Section 26. Monies Received Considered Trust Funds--All monies received pursuant to the authority of this Act, whether as proceeds from the sale of revenue bonds, as grants or other contributions, or as revenues, income, fees and earnings, shall be deemed to be trust funds to be held and applied solely as provided in this Act.
Section 27. Purpose of the Authority--Without limiting the gen erality of any provisions of the Act the general purpose of the Au thority is declared to be that of acquiring, constructing, equipping,

THURSDAY, JUNE 25, 1964

1149

maintaining, improving and operating airports and landing fields for the use of aircraft, including any related buildings and the usual and convenient facilities appertaining to such undertakings and extensions and improvements of such facilities, acquiring the necessary property therefor, both real and personal, and to lease or sell any or all of such facilities including real property and to do any and all things deemed by the Authority necessary, convenient or desirable for and incident to the efficient and proper development and operation of such types of undertakings.

Section 28. Rates, Charges and Revenues: Use--The Authority is hereby authorized to prescribe and fix and collect rates, fees, tolls and charges, and to revise from time to time and collect such rates, fees, tolls and charges for the services, facilities or commodities furnished, including leases, concessions or sub-leases of its lands or facilities, and in anticipation of the collection of the revenues and income of such undertakings or projects.

Section 29. Rules and Regulations for Operation of Projects--It shall be the duty of the Authority to prescribe rules and regulations for the operation of the project or projects constructed under the pro visions of this Act, including the basis on which airports and landing fields for the use of aircraft shall be furnished.

Section 30. Powers Declared Supplemental and Additional--The foregoing sections of this Act shall be deemed to provide an additional and alternative method for the doing of the things authorized thereby and shall be regarded as supplemental and additional to powers con ferred by other laws, and shall not be regarded as in derogation of any powers now existing.

Section 31. Liberal Construction of Act--This Act being for the purpose of promoting the health, morals and general welfare of the citizens of the United States, of the State of Georgia and of Jackson County, shall be liberally construed to effect the purposes hereof.

Section 32. Effect of Partial Invalidity of Act--The provisions of this Act are severable, and if any of its provisions shall be held unconstitutional by any court of competent jurisdiction, the decision of such court shall not affect or impair any of the remaining pro visions.

Section 33. The effective date of this law shall be upon approval of same by the Governor.

Section 34. All laws and parts of laws in conflict with this Act are hereby repealed.

Mr. Barber of Jackson moved that the House agree to the Senate substitute.

On the motion to agree, the ayes were 119, nays 0.

1150

JOURNAL OF THE HOUSE,

The Senate substitute to HB 58 was agreed to.

HB 73. By Messrs. Smith of Grady, Jordan of Calhoun, Griffin of Decatur and Rhodes of Baker:
A Bill to be entitled an Act to amend Code Section 24-2501, relating to judicial circuits of this State, so as to rename the Albany Judicial Circuit as the Sowega Judicial Circuit, and for other purposes.

The following Senate amendment was read:
Judiciary Committee moves to amend HB 73 as follows:
By striking Section 2 in its entirety and inserting in lieu thereof a new Section 2 to read as follows:
"Section 2. The solicitor-general of the South Georgia Judi cial Circuit, in addition to the compensation and allowances paid to him by the State of Georgia, shall receive an annual salary of $9,600.00 per year in lieu of the fee system of compensation, payable in equal monthly installments from the counties compris ing the South Georgia Judicial Circuit and apportioned among the several counties according to the ratio which the population of each such county bears to the total population of all counties in said Circuit, according to the United States decennial census of 1960 or any future such census. Said salary shall be in lieu of all fees and costs previously allowed the solicitor-general of the South Georgia Judicial Circuit, with the exception of that com pensation and allowances paid to him by the State of Georgia."

Mr. Jordan of Calhoun moved that the House agree to the Senate amend ment.

On the motion to agree, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Arnsdorff Barber Beck Bell Black Blair Blalock, D. B. Blalock, E. Bolton

Bowen, R. L. Bowen, R. W. Brantley Brooks, Wilson Busbee Bynum Caldwell Clark, J. T. Clarke, H. G. Conner

Cullens Davis Been, H. D. Dennard Dorminy Duncan, A. C. Duncan, J. E. Echols Plournoy Floyd

THURSDAY, JUNE 25, 1964

Fowler, A. A., Jr. Fulford Funk Greene Harrell Harris Henderson Herndon House Houston Hurst Isenberg Johnson, A. S., Dr. Jones, F. C. Jones, M. Jordan, J. E. Jordon, W. H. Keadle Keyton Killian Kirkland Knight, W. D. Laite Lee, W. J. (Bill) Lee, Wm. S. Lewis Logan Lokey Lowrey

Mackay Matthews, C. McClelland McCracken McKemie Meeks Mixon Morgan, H. Morgan, J. H. Nessmith Newton, A. S. Odom Pafford Paris Parker Partridge Perry Phillips Ponsell Poole Pope Rainey Reaves Rhodes Roberts Rogers, Jimmie Roper Rowland Russell

1151
Simpson Sinclair Smith, G. L. II Smith, R. R. Smith, V. T. Snow Spikes Steis Story Strickland Tabb Teague Towson Tucker, J. B. Tucker, Ray M. Twitty Underwood, J. C. Underwood, R. R. Vaughn Ware Watson Wells, H. H. Wiggins Wilkes Williams, G. J. Wilson, Hoke Wilson, J. M. Woodward Hudgins

Those voting in the negative were Messrs.:

Acree Baughman Braekin Causby Conger Dixon

Griffin Lee, G. B. Leonard Lindsey Milhollin Overby

Poss Raulerson Wells, D. W. White

Those not voting were Messrs.:

Alien Anderson Andrews Bagby Ballard Bedgood Bowen, A. Bowen, R. P. Branch Brooks, Geo. B. Brown Byrd

Carr Chandler Coker, G., Dr. Coker, R. Dean, N. DeVane Dicus Etheridge Fleming Flynt Fowler, J. W. Gibbons

Groover Hale Hall Harrington Hill Horton Hull Johnson, B. Jones, C. M. Jones, D. C. Kelly Knight, D. W.

1152
Lambert Lane Matthews, D. R. McDonald Melton Milford Mitchell Moate Moore Mullis Murphy Newton, D. L.

JOURNAL OF THE HOUSE
Payton Peterson Pickard Richardson Rodgers, H. B. Rutland Scarborough Sewell Shea S human Simmons Singer

Smith, A. C., Jr. Smith, Chas. C. Smith, E. B., Jr. Stalnaker Stuckey Todd Tucker, M. K. Walker Warren Watts Williams, W. M. Smith, G. T.

On the motion to agree, the ayes were 117, nays 16.

The Senate amendment to HB 73 was agreed to.

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

HR 157. By Messrs. Smith of Grady, Bolton of Spalding and others:
A Resolution relative to adjournment of the General Assembly; and for other purposes.

The Senate has passed by the requisite constitutional majority the following Bill and Resolution of the House to wit:

HB 17. By Mr. Jones of Worth:
A Bill to provide a new Charter for the City of Sylvester in the County of Worth; and for other purposes.

HR 137. By Messrs. Bolton of Spalding, Busbee of Dougherty and others: A Resolution commending Hon. Pope B. Mclntire; and for other pur poses.
Messrs. Payton of Coweta, Towson of Laurens, Ployd of Chattahoochee,

THURSDAY, JUNE 25, 1964

115:$

Killian of Glynn, Mixon of Irwin, Lewis of Wilkinson, Duncan of Carroll, An drews of Stephens, Teague of Cobb, McKemie of Clay and Poole of Pickens arose on points of personal privilege and addressed the House.

The following Resolution of the House was taken up for the purpose of cot. sidering the Senate amendment thereto:

HR 157. By Messrs. Smith of Grady, Bolton of Spalding, Busbee of Dougherty and Andrews of Stephens:
A Resolution relative to adjournment of the General Assembly.

The following Senate amendment was read:
Mr. Phillips of the 27th moves to amend HR 157 by striking 12:15 and inserting in lieu thereof 12:30.

Mr. Bolton of Spalding moved that the House agree to the Senate amendment.

On the motion to agree, the ayes were 103, nays 0.

The Senate amendment was agreed to.

His Excellency, Governor Carl E. Sanders, appeared upon the floor of the House and briefly addressed the members.

In accordance with HR 157 as amended, the Speaker announced the House adjourned Sine Die at 12:30 p.m.

INDEX

1155

INDEX TO JOURNAL
OF THE

HOUSE OF REPRESENTATIVES

EXTRAORDINARY SESSION 1964

PART I--ALPHABETICAL TABULATION
(House Bills)
PART II--NUMERICAL TABULATION
(House and Senate Bills and Resolutions)
PART III--NUMERICAL TABULATION
(House Resolutions)
PART IV--NUMERICAL TABULATION
(Senate Bills in House)
PART V--NUMERICAL TABULATION
(Senate Resolutions in House)

INDEX

1157

HOUSE JOURNAL Part I

ALPHABETICAL TABULATION

HOUSE AND SENATE BILLS AND RESOLUTIONS

ALBANY JUDICIAL CIRCUIT

HB 37 HB 73

--Change name to Bainbridge Judicial Circuit _____172, 206 --Name changed to South Georgia Judicial Circuit; compensation of Solicitor-General --664, 705, 882, 1125, 1150

ALLEN, COACH JIM

HR 104 --Commend ._..-_^-- -.,,.--- ... .--,,.._____._..._____..... 873

ALMA, CITY OF

HB 52 HB 4

--Extend corporate limits _.___........-_..._.378, 415, 471, 477, 599 --Sell, close streets and alleys .........._...........__24, 27, 43, 45, 292

ALPHARETTA, CITY OF SB 10 --Change corporate limits ----.-.- --292, 316, 380, 629

AMERICUS BASEBALL TEAM HR 75 --Commend ....___..._......__.._......,,,,,,......._._......._.._..,,__...........__... ..622
ANDREWS, REV. CHARLES Prayer offered by...._.-.,,--_.--..-_,,....,,.-_,,__.._....________,,__.__._ 315

1158

INDEX

ANDREWS, JIM HR 60 --Commend -...-..-. ....... ._..._.,,._..... ............ 579

AMENDMENTS TO THE CONSTITUTION

HR 32-36 HR 36-43 HR 48-51
HR 83-76 HR 28-34 HR 34-48 SR 12 HR 20-22 HR 6-1 HR 120-80 HR 12-7 HR 50-59 HR 63-68 HR 88-80 HR 27-34 HR 38-46
HR 33-41 HR 49-5^ HR 57-65 HR 84-77 HR 72-69

--Bainbridge-Decatur County Beverage Control Board; create _____..________.._......._..._.______________..172, 206, 291, 320
--Barnesville-Lamar County Development Authority; create ._..........-_._____.________._._.._.-..._..._.244, 290, 381, 421, 629
--Barrow County Industrial Building Authority; change name to Winder-Barrow Industrial Building Authority ..........._._.._______.___ 378, 415, 471, 538, 914
--Catoosa County Board of Tax Administrators; provide .-........-....___--______._____.___..._....._._....704, 836, 864, 1028
--Charlton County Development Authority; create .__._._____....___.__...................__..._________. 86, 173, 245, 255, 629
--Clarks County Board of Education; election by people from election districts ___..___.__._. 205, 245, 291, 328
--Cobb County; maintenance of sidewalks outside corporate limits __-_______._...-....-._.-...__._________.416, 417, 470, 836
--Cobb County; prohibit incorporation of territory without approval of voters ..---,,____________..___.68, 74, 174, 177
--Constitution; revise ._.....8, 20, 88, 356, 915, 959, 1024, 1025 1091, 1118
--House of Representatives; provide for manner of electing members -.--_.......-...-____.___._______ .,,_____.. ....... 951, 1026
--Jasper County Board of Education; members may reside in same Militia District ........ 25, 28, 43, 49, 628
--Milledgeville-Baldwin County Recreation Authority; create ..._.._.._.._....__.414, 470, 667, 705, 914, 1018
--Moultrie-Colquitt County Development Authority; clarify certain provisions ___.597, 627, 765, 854, 1029, 1051
--Muscogee County; State and County ad valorem taxation; certain exemptions __..._..__.___. 835, 842, 879, 1090
--Ocilla-Irwin County Industrial Development Authority; create ........_.__.._______________ 855, 173, 245, 248, 629
--Polk County Board of Education; merger with Cedartown school system; remove certain provisions .............._....______.___.244, 290, 835, 859, 1028
--Rockdale County Board of Education; additional members ..__.________.._.___.__.. .173, 207, 291, 324, 914
--Rockdale County-Conyers Water Authority; recreate --......_________________________.._... __.___414, 470, 537, 581, 914
--Screven County Board of Education; election of members --....._.______.__._......._...........__..536, 570, 587, 588, 914
--Spalding County; general obligation bonds for educational facilities ..............._.___.___.704, 764, 836, 847, 1029
--Thomas County; revenue obligations; authorize

INDEX

1159

to issue ._...__.___-._..-.__.........__-627, 665, 765, 851, 1028 HR 14-16 --Thomaston Office Building Authority;
create ._.__.._._.____.......____-.._._.35, 39, 44, 52, 416, 914, 1022 HR 13-10 --Ware County Board of Education; election
of members ...-._....-...-............ -.27, 36, 43, 417, 629

APPORTIONMENT

HR 141 HR 154

--General Assembly and Congressional Districts; trrge ..._.. 1125

--House of Representatives; relative to ._.--_..._.. -.....

1138

APPROPRIATIONS. ACT, GENERAL

HB 1 HB 69

--Supplement __-,,___---._.___-..___..__.---.__..--_-8, 20, 25, 28, 40 --Supplement -....--___..._ ...............627, 665, 888, 952

AREA REDEVELOPMENT ADMINISTRATION HR 65 --Urge Georgia Congressional Delegation to support 600, 666

ATKINSON COUNTY HB 19 --Provide for solicitor of county court ..... 43, 69, 75, 76, 293

ATLANTA, CITY OF

SB 14
HR 30
HB 30
HB 34 HB 32 HB 33 SB 8
HB 31
SB 17

--Atlanta-Fulton County Recreation Authority;

appointment of members'

successors _.,,.____.___._____...____.____ 597, 600, 627, 836, 839

--Atlanta Municipal Stadium site; relative

to visit by members of General Assembly ................87, 246

--Compensate Police Department for

uniforms --__.~.~_.____._~-_._____....______.79, 86, 380, 382, 598

--Provide pensions for fire departments ...........80, 87, 381, 383

--Police pensions; provide ----_.,,_____...,,_..__-79, 87, 380, 382

--Provide pensions to officers and employees ....79, 87, 380, 383

--Relating to vacancies of Board of

Aldermen ---_--..___.---..__-._.............. 291, 316, 380, 629

--Salary and expense for Board of

Aldermen ___....____......_____....................._..79, 87, 380, 382, 598

--Tax on spirituous, vinous or malt

liquors ....--......

844, 867, 871, 913, 925, 952

ATLANTA TIMES HR 85 --Commending officials __.._......._......___...................... 719,836

1160

INDEX

AUTHORITIES (See named Authority)

SB 14 --Atlanta-Fulton County Recreation Authority; appointment of members' successors-- 597, 600, 627, 836, 839
HR 36-43 --Barnesville-Lamar County Development Authority; create; amendment to the Constitution-- -244, 290, 381, 421, 629
HR 48-51 --Barrow County Industrial Building Authority; change name to Winder-Barrow Industrial Building Authority; amendment to the Constitution------ 378, 415, 471, 538, 914

HR 28-34 --Charlton County Development Authority; create; amendment to the Constitution--__...... 86, 173, 245, 255, 629

SB 5

--Hospital Authorities Law; amend Georgia Health Code --._........._._.-..----------------------.-67, 75, 174, 209

SB 4

--Hospital Authorities Law; extend time revenue certificates may be issued ___._____._._____...___.____ .67, 75, 174, 207

HB 58

--Jackson County Airport Authorities; create __.__..........._..........___......... 379, 416, 667, 1125, 1139

HR 50-59 --Milledgeville-Baldwin County Recreation Authority; create ..---- --..-- -- 414, 470, 667, 705, 914, 1018

HR 63-68 --Moultrie-Colquitt County Development Authority; clarify certain provisions; amendment to the Constitution .................................597, 627, 765, 854, 1029, 1051

HR 27-34 --Ocilla-Irwin County Industrial Development Authority; create; amendment to the Constitution ......_.......85, 173, 245, 248, 629

HR 49-59 --Rockdale County-Conyers Water Authority; recreate; amendment to the Constitution------414, 470, 537, 581, 914

B

BACON COUNTY HB 36 --Change sheriff's salary........................ 172, 206, 290, 317, 598

BAGGOTT, JR.

Rev. Robert T.; Prayer offered by-- __.....__.._.......__.__.._..._.._........_...........

413

BAINBRIDGE, CITY OF
HR 32-36 --Bainbridge-Decatur County Beverage Control Board; create; amendment to the Connstitution... 172, 206, 291, 320

INDEX

1161

BAILEY, HONORABLE G. W. HR 135 --Regret illness of ----___----_.-........-----------------1047

BAKER COUNTY HB 49 --Change sheriff's salary----------- 377, 414, 471, 474, 599

BALDWIN COUNTY
HR 50-59 --Milledgeville-Baldwin County Recreation Authority; create; amendment to the Constitution-----414, 470, 667, 705, 914, 1018

BARNESVILLE, CITY OP
HR 36-43 --Barnesville-Lamar County Development Authority; create; amendment to the Constitution ___...... 244, 290, 381, 421, 629

BARROW COUNTY
HB 50 --Change compensation of members of board and clerk ---__,,-------------------- 378, 415, 471, 475, 868
HR 51 --Change compensation; certain officials----------378, 415, 471, 475, 867, 887
HR 48-51 --Industrial Building Authority; change name to WinderBarrow Industrial Building Authority; amendment to the Constitution------. -------- 378, 415, 471, 538, 914

BATES, MISS SANDI HR 116 --Commend ----------------,,------------.-----------921

BELL, MR. HARRY HR 79 --Express sympathy for passing of----------------------------.644

BERKLEY Rev. Carter; Prayer offered by------------------------------------------------------42

BERRIEN COUNTY

HB 24

--Change compensation of Board of Commissioners of Roads and Revenues--_------------73, 80, 174, 176, 382

1162 SB 9

INDEX
--Change compensation of Board of Commissioners of Roads and Revenues ----~_.-----------------292, 316, 380

BIVINS, J. T. HR 22 --Commend -.-------- -- ------- ....... 70

BLACK, PATROLMAN R. M. HR 143 --Commend _________---__----------------.-----1126
BOLTON, HONORABLE ARTHUR HR 24 --Congratulations ._._..._...---------------------------. -----76
BOY SCOUTS OP AMERICA HR 55 --Relative to Jamboree-----------------------..--...... 472, 570

BREWSTER, REV. DAN Prayer offered by.-------------.------------.-...._---.----.--------------1026

BRIDGES HR 130

--Okefenokee River; urge construction of bridge ----.... -- . .1042

BROOKS, HONORABLE WILSON HR 152 --Commend ----------------------.----.._--.----..-.-.... . ... 1133

BROWN, REV. DALE Prayer offered by --.----.----------......--------..--......-- ... . . .. . .------ 663

BYNUM, MARY A. HR 31 --Speedy recovery ._.....------.....------ . .__.-..... . .

.......... 88

BYROMVILLE, TOWN OF HB 13 --Extend corporate limits ..... --. - ..--... 35, 39, 43, 48, 294, 373

INDEX

1163

BYRD, REV. WM. F. Prayer offered by

_______ ____________ ....._. _________ .................._..._... ____________ 243

c

CAMPBELL, REV. NORTON

Prayer offered by .___._.._..._____._..._... ______

1124

CAMPBELL, HONORABLE PHIL HR 146 --Commend

... .......___..______.___._....____ ..,,______....1128

CAPITOL GROUNDS HR 128 --Appreciation ___________________ .__.___._...._..____..__._._________________..___________1040

CARROLL COUNTY
HB 44 --Election of the Justice of the Peace-_____244, 290, 381, 384, 598 HR 83-75 --Board of Tax Administrators; provide; amendment to
the Constitution ...__..._.._________._._______...704, 836, 864, 1028 HB 26 --Bond requirements _________ _____._._____________________78, 86, 245, 246, 537 HB 27 --Bond requirements; change amount________.._79, 86, 245, 246, 537 HB 28 --Bond requirements; change amount-____-_-79, 86, 245, 246, 538

CAUSBY, HONORABLE TROY HR 140 --Commend _________ ______________.__________..__...__..,,_________________,,._ 1122

CHARLTON COUNTY
HR 28-34 --Charlton County Development Authority; create; amendment to the Constitution______ _____86, 173, 245, 255, 629

CLARKE COUNTY
HR 34-43 --Board of Education; election by people from election districts; amendment to the Constitution . ___ _205, 245, 291, 328

1164

INDEX

CLARKE, HAROLD G. HR 126 --Commend ..._....-.....-...__________.____-....___._.__..__._.....1034

CLEVELAND, REV. WEYMAN Prayer offered by ________.____..___.__.__.__________,,__.__,,__.__..___________.__.____________________._............ 951

COBB COUNTY
HB 64 --Create Board of Commissioners of Roads and Revenues ._._,,.._ 535, 569, 630, 868
SB 16 --Create Board of Commissioners of Roads and Revenues ..........................................................eGC, 667, 705
SR 12 --Maintenance of sidewalks outside corporate limits; amendment to the Constitution.............____.__.416, 417, 470, 836
SB 6 --Membership of Board of Commissioners of Roads and Revenues -.-..--.....____-.,,.......-_..._--__.______._..-.._--..----...-. 67, 75
HR 20-22 --Prohibit incorporation of territory without approval of voters; amendment to the Constitution ............._.____.._......-....._...____........68, 74, 174, 177

CODICILS SB 3

--Provide for number of witnesses.._...___......._.___-__.67, 75, 291, 385

COLQUITT COUNTY
HR 63-68 --Moultrie-Colquitt County Development Authority; clarify certain provisions; amendment to the Constitution ......._..____...._..__.._____597, 627, 765, 854, 1029, 1051

COLUMBUS, CITY OF HB 75 --Compensation of Commissioner.............704, 764, 836, 839, 1028

COMMISSIONS

HR 58

--Governor's Commission on Efficiency and Economy in Government; requested to investigate Stone Mountain Memorial Association __.___...._-.--_-._.............___.____._.__.._.....577, 584

COMMITTEES

HR 61 --Stone Mountain Memorial Association; create

committee to investigate --..-...,,....,,...............--.......

580

INDEX

1165

CONGER, HONORABLE J. WILLIS HR 105 --Commend ._____.--____--------------___---,,--__.----.__--.--.__----__.----.874

CONGRESSIONAL DISTRICTS HR 141 --Relative to apportionment ------------__------.----------__1125

CONSTITUTION
HR 6-1 --Revise; proposed amendment to the Constitutions-8, 20, 88, 356, 915, 959, 1024, 1025, 1091, 1118

CONSTITUTIONAL AMENDMENTS
HR 32-36 --Bainbridge-Decatur County Beverage Control Board; create _._------_------____----_--__172, 206, 291, 320
HR 36-43 --Barnesville-Lamar County Development Authority; create _.----------____------___------_. 244, 290, 381, 421, 629
HR 48-51 --Barrow County Industrial Building Authority; change name to Winder-Barrow Industrial Building Authority ..._____,,.,,.__...___.... 378, 415, 471, 538, 914
HR 83-75 --Catoosa County Board of Tax Administrators; provide __----____.------__.--------------____-704, 836, 864, 1028
HR 28-34 --Charlton County Development Authority; create __------_-..-_--------------.--------.86, 173, 245, 255, 629
HR 34-43 --Clarke County Board of Education; election by people from election districts----------------.__--. 205, 245, 291, 328
HR 6-1 --Constitution; revise-------..------8, 20, 88, 356, 915, 959, 1024 1025, 1091, 1118
SR 12 --Cobb County; maintenance of sidewalks outside corporate limits _------_--------.___--.._.____416, 417, 470, 836
HR 20-22 --Cobb County; prohibit incorporation of territory without approval of voters --.--------------_---------- 68, 74, 174, 177
HR 120-80 --House of Representatives; provide for manner of electing members _---.___------___.___----------.--------951, 1026
HR 12-7 --Jasper County Board of Education; members may reside in same Militia District _------.--------_---- 25, 28, 43, 49, 628
HR 50-59 --Milledgeville-Baldwin County Recreation Authority; create ._,,.____.__----_______._414, 470, 667, 705, 914, 1018
HR 63-68 --Moultrie-Colquitt County Development Authority; clarify certain provisions---.597, 627, 765, 854, 1029, 1051
HR 88-80 --Muscogee County; State and county ad valorem taxation; certain exemptions _.--.----------------._.._ 835, 842, 879, 1090
HR 27-34 --Ocilla-Irwin County Industrial Development Authority; create-------------...------..85, 173, 245, 248, 629

1166

INDEX

HR 38-45 --Polk County Board of Education; merger with Cedartown

school system; remove certain provisions .__,,.______.. 244, 290,

835, 859, 1028

HR 49-59 --Rockdale County-Conyers Water Authority;

recreate _....------.-_.-_...-.---.......__414, 470, 537, 581, 914

HR 33-41 --Rockdale County Board of Education;

additional members .. _.________...._____.___._173, 207, 291, 324, 914

HR 57-65 --Screven County Board of Education; election

of members -........._____,,......._._,,-....____.. .536, 570, 587, 588, 914

HR 84-77 --Spalding County; general obligation bonds for

educational facilities ___.__.____.__.._.___...__704, 764, 836, 847, 1029

HR 72-69 --Thomas County; revenue obligations; authorize

to issue ._.__........-_.-__.____._....._-_____....627, 665, 765, 851, 1028

HR 14-16 --Thomaston Office Building Authority;

create ......._.__....._.___.____.___-____..-.- 35, 39, 44, 52, 416, 914, 1022

HR 13-10 --Ware County Board of Education; election

of members

,,._.,,..._,,,,

27, 36, 43, 417, 629

CONSTITUTIONAL CONVENTION HB 81 --Provide for a convention of the people ._._....................1117, 1119

CONSTITUTIONAL REVISION COMMISSION HR 153 --Commend _._,,_._.._____._ _..,,...,,..--

.. 1134

CONYERS, CITY OP
HR 49-59 --Rockdale County-Conyers Water Authority; recreate; amendment to the Constitution _.......414, 470, 537, 581, 914

COOK, REV. CHARLIE Prayer Offered by_-----..-__.--------------------..-----_-------1038

COUNTIES AND COUNTY MATTERS

HB 19 SB 14 HB 36 HB 49

--Atkinson County; provide for solicitor of county court ___________--_._---_----_--.,,---43, 69, 75, 76, 293
--Atlanta-Pulton County Recreation Authority; appointment of members' successors -._.-..,,__,,.......597, 600, 627, 836, 839
--Bacon County; change sheriff's salary ....._____.................._...._.___.........._._....172, 206, 290, 317, 598
--Baker County; change sheriff's salary __...._.__.__._____.__...___.._._.__.__.......___.___.377, 414, 471, 474, 599

INDEX

1167

HE 36-43 --Barnesville-Lamar County Development Authority; create; amendment to the Constitution ........244, 290, 381, 421, 629
HB 51 --Barrow County; change compensation; certain officials _.----------..__.378, 415, 471, 475, 867, 887
HR 48-51 --Barrow County Industrial Building Authority; change name to Winder-Barrow Industrial Building Authority; amendment to the Constitution ........378, 415, 471, 538, 914
HB 50 --Barrow County; change compensation of members of board and clerk ..------------------ 378, 415, 471, 475, 868
HB 24 --Berrien County; change compensation of Board of Commissioners of Roads and Revenues __._--------------.----.------......73, 80, 174, 176, 382
SB 9 --Berrien County; change compensation of Board of Commissioners of Roads and Revenues ,,__.__..._292, 316, 380
HB 44 --Carroll County; election of the Justice of the Peace ----------..._.......................244, 290, 381, 384, 598
HR 83-75 --Catoosa County; Board of Tax Administrators; provide; amendment to the Constitution _............._.704, 836, 864, 1028
HB 26 --Catoosa County; bond requirements ........78, 86, 245, 246, 537 HB 28 --Catoosa County; bond requirements;
change amount _._____..._...._.-.-.....____.__.___79, 86, 245, 246, 538 HB 27 --Catoosa County; bond requirements;
change amount _.._.._._..._._......._.._...79, 86, 245, 246, 537 HR 28-34 --Charlton County Development Authority; create;
amendment to the Constitution.------. 86, 173, 245, 255, 629 HR 34-43 --Clarke County Board of Education; election by people
from election districts; amendment to the Constitution .....____,,_.......-.............._-- 205, 245, 291, 328 HB 64 --Cobb County; create Board of Commissioners of Roads and Revenues __.--_......--____--------- 535, 569, 630, 868 SB 16 --Cobb County; create Board of Commissioners of Roads and Revenues _._.____._.._._...--_..____--------_..._._ 666, 667, 705 SR 12 --Cobb County; maintenance of sidewalks outside corporate limits; amendment to the Constitution .._------....__----..._................416, 417, 470, 836

SB 6

--Cobb County; membership of Board of Commissioners of Roads and Revenues _____,,________---.--.-.---..._. ------_--._ 67, 75

HR 20-22 --Cobb County; prohibit incorporation of territory without approval of voters; amendment to the Constitution __----__------------.._._....._._----.. .68, 74, 174, 177

HB 16

--Coweta County; ordinary, clerical expense ---------------------------.-.35, 39, 43, 49, 293

HB 9

--DeKalb County; adjust salaries of county officials .............___...__.--...--_--------.-27, 36, 43, 47, 293

HR 32-36 --Decatur County; Bainbridge-Decatur County Beverage Control Board; create; amendment to the Constitution _--------.------.--.-----..172, 206, 291, 320

HB 60

--Early County; Tax Commissioner; create office .--..--------___--.__.--_--------414, 470, 537, 571, 868

1168

INDEX

HB 48
SB 12
HB 15 HB 14

--Porsyth County; Board of Commissioners of Roads and Revenues; create ..------------.316, 379, 471, 478, 600, 607
--Fulton County; relating to retirement funds ----__---------.--------------..292, 317, 380, 630, 844
--Gordon County; clerk's compensation _..._____._.35, 39, 43, 48, 868 --Gordon County; deputy sheriffs'

compensation ----------------__.._.....__ 35, 39, 43, 48, 666, 765 HB 63 --Henry County; change salaries of
certain officials --------------------------469, 536, 587, 868 HR 27-34 --Irvvin County; Ocilla-Irwin County Industrial Development
Authority; create; amendment to the Constitution _..--------....._--------. 85, 173, 245, 248, 629 HB 58 --Jackson County; Airport Authority; create ______________________________ ...._..____.379, 416, 667, 1125, 1139 HR 12-7 --Jasper County Board of Education; members may reside in same Militia District .--------.--------. 25, 28, 43, 49, 628 HB 20 --Jones County; Sheriff's salary; change ...--------....----------------........... 68, 74, 174, 175, 537 HB 78 --Laurens County; audit by accountant.........._763, 835, 878, 1090 HR 50-59 --Milledgeville-Baldwin County Recreation Authority; create; amendment to the Constitution ------------------414, 470, 667, 705, 914, 1018 HB 80 --Monroe County; use of voting machines--..-.-------------.---------834, 842, 878, 1090 HR 63-68 --Moultrie-Colquitt County Development Authority; clarify certain provisions; amendment to the Constitution --------------597, 627, 765, 854, 1029, 1051 HR 88-80 --Muscogee County; State and county ad valorem taxation; certain exemptions; amendment to the Constitution --------.___-------------- .____.- 835, 842, 879, 1090 HB 53 --Paulding County; certain officials' salary ...------------.-...------..----._. 378, 415, 471, 475, 599 HB 54 --Paulding County; change salary of commissioner ------------------------378, 415, 471, 476, 599 HB 55 --Paulding County; Tax Commissioner; compensation ..._--------____---------- 379, 415, 471, 476, 599 HR 38-45 --Polk County Board of Education; merger with Cedartown school system; remove certain provisions; amendment to the Constitution ----------.....--.....244, 290, 835, 859, 1028

HR 41 --Police Families' Relief Fund Week; provide for ....... 261, 294

HR 49-59 --Rockdale County-Conyers Water Authority; recreate; amendment to the Constitution --....--------..------.----.414, 470, 537, 581, 914

HR 33-41 --Rockdale County Board of Education; additional members; amendment to the Constitution ______ 173, 207, 291, 324, 914

HB 41

--Rockdale County; change Commissioner's salary ,,------____--------_------ ___...___. 173, 207, 291, 318

HB 38

--Rockdale County; change compensation of Tax Commissioner ....._.____----------------............172, 206, 290, 317

INDEX

1169

HB 40 --Rockdale County; change Ordinaries' salary -----_.------------------ --172, 206, 291, 318
HB 39 --Rockdale County; change sheriff's salary ........_.._....____..__.__........................__._.......172, 206, 291, 318
HR 57-65 --Screven County Board of Education; election of members; amendment to the Constitution ........____..._.___...___........___.__.536, 570, 587, 588, 914
SB 2 --Seminole County; change salary of Tax Commissioner _.,,__------------------------_..-- ,,. 67, 75, 245, 247
HR 84-77 --Spalding County; general obligation bonds for educational facilities; amendment to the Constitution ___.__.,,,,___.__----------_._.704, 764, 836, 847, 1029
HR 72-69 --Thomas County; revenue obligations; authorize to issue; amendment to the Constitution .._______627, 665, 765, 851, 1028
HB 3 --Toombs County; sheriffs; compensation ,,--------------. ---- _.--...... 8, 21, 43, 45, 292
HB 43 --Towns County; change sheriff's salary _._._..._._ _.._,,.........--..__-................._._.. 205, 244, 291, 319, 888
HB 62 --Troup County; abolish certain justice courts __.___._.________.._--_.-_..__.__..____.___._.__ 414, 470, 537, 667, 1027
HB 12 --Union County; Board of Commissioners of Roads and Revenues; create __,,____..--..----------------------___ 35, 39, 43, 47
HB 61 --Union County; change salary of Tax Commissioner _.__-_.--____._--------______.----.-.414, 470, 537, 571
HB 45 --Union County; County Treasurer; abolish office of ... _.___------------__------_---------- 244, 290, 381, 383
HB 72 --Walker County; change salary of Commissioner ----..----------..664, 705, 765, 815, 1029, 1032

HB 23

--Walton County; change sheriff's salary ._._________----------.-- 68, 75, 174, 176, 598

HR 13-10 --Ware County Board of Education; election of members; amendment to the Constitution _.._-..__---------------------27, 36, 43, 417, 629

HB 10 --Ware County; create Tax Commissioners' office ........27, 36, 43

HB 7

--Wayne County; provide for an official court reporter ...._____.__----_----.--____------.-----25, 27, 43, 46, 293

HB 17

--Worth County; Sylvester, City of; provide new charter __ --------.___-------------------- -42, 69, 290, 319, 1152

COURTNEY, REV. RUTLAND Prayer Offered By_._.....-------------------------------.--834

COURTS HB 37

--Albany Judicial Circuit; change name to Bainbridge Judicial Circuit .._-.---------------------.------172, 206

1170
HB 18
SB 7
HB 2 HR 108 HE 125 SR 43
SB 13
HB 73

INDEX
--Coweta Judicial Circuit; Assistant Solicitor General; compensation _,,__,,_-______.-43, 69, 75, 76, 293
--Coweta Judicial Circuit; assistant solicitor general; compensation _______________________________________ _...___._.._,,____ ____205, 245
--Dougherty Judicial ircuit; create _____..... 8, 21, 31, 205, 211 --Federal; limit jurisdiction in certain cases ______________,,__._ 876 --Federal; limit jurisdiction in certain cases ____.957, 1034, 1036 --Federal; request Congressional Delegation to limit
jurisdiction of __________________________________________ .___,,. 1040, 1049 --Lookout Mountain Judicial Circuit; provide for additional
Judge ______-____________._____-__.____.____416, 472, 536, 666, 828 --South Georgia Judicial Circuit; name changed from Albany
Judicial Circuit; compensation of SolicitorGeneral __,,,,___._,,___664, 705, 882, 1125, 1150

COWETA COUNTY HB 16 --Ordinary, clerical expense _.____-._. ___.____._...__.35, 39, 43, 49, 293

COWETA JUDICIAL CIRCUIT

HB 18 SB 7

--Assistant Solicitor General; compensation ___________________.._____...__43, 69, 75, 76, 293
--Assistant Solicitor General; compensation __._____________.205, 245

COYLE, REV. FRANK Prayer Offered By __._____,,____.__ ._._____._____________.______.._______.____.__._._._____.____._._______26
CRAWFORD, REV. R. E. Prayer Offered By __-,,_____,,_,,___________.--___-___._______________._,,_.__._._._. 38

CULLENS, HONORABLE J. R. HR 90 --Congratulate __________.__...________.,,___________._.___816

D

DEAN, MRS. ELLEN T. HR 159 --Commend __________ __._-________._.___. ___.__________1137

INDEX

1171

DECATUR COUNTY
HR 32-36 --Bainbridge-Decatur County Beverage Conntrol Board; create; amendment to the Constitution .-..-172, 206, 291, 320

DE HAVILLAND, OLIVIA

HR 42 --Welcome

-- _---- _

261

DEKALB COUNTY HB 9 --Adjust salaries of county officials --------27, 36, 43, 47, 293

DEKALB JR. AND VOCATIONAL SCHOOLS HR 158 --Commend _--------------.... . _.__._,,_,,._.--........................... 1136

DERRICK, DR. JOHN R. HR 102 --Commend _.___..----.----------_----..-------.-.----.----826

DICUS, HARRY HR 100 --Commend ..------____________.___..._...___...............----.--825
DOUGHERTY JUDICIAL CIRCUIT HB 2 --Create -.------------------__.___..__..----_____._8, 21, 31, 205, 211
DOUGLASVILLE, CITY OF HB 74 --Extend corporate limits -----------703, 764, 836, 838, 1028
DRINKARD, DR. EUGENE Prayer Offered By.-.-------------------------------------------------469

DUBLIN, CITY OP HB 79 --Hours for elections .......------........--------834, 841, 878, 1090

1172

INDEX

DUNCAN, HONORABLE EBB HR 87 --Commend _.._...______-__----------.-----------.767

DURHAM, REV. HENRY Prayer Offered By.---------_----------------------------------85

E

EARLY COUNTY HB 60 --Tax Commissioner; create office.--------414, 470, 537, 571, 868

ECHOLS, HONORABLE TALMAGE HR 114 --Commend .._----------------..-------------- -...------...919

ELECTION LAWS CODE

SB 1

--Revise; create Georgia Election Code ------------.----471, 536, 570, 585, 593, 827, 832, 890, 953, 1024, 1040, 1054, 1071, 1088

ELIZABETH, TOWN OF HB 25 --Create new charter --------74, 80, 174, 177, 598, 672, 867, 869

EMORY GLEE CLUB HR 147 --Commend--..------......--.--...----.....--.-..----_.---....1129

ENGLISH, MASTER DICKIE HR 103 --Commend ..----.....------..._--------...----....___......--_.._.836

ESTATES SB 3

--Wills and Codicils; provide for number of witnesses ............_._..._._----..----------------67, 75, 291, 385

INDEX

1173

F

FAYETTE COUNTY HIGH SCHOOL HR 104 --Commend _.______.___. ._____._._____~..________.________-._-____._._.._._________._873

FEDERAL COURTS

HR 108 HR 125 SR 43

--Limit jurisdiction in certain cases _.__________--__________.............._876 --Limit jurisdiction in certain cases __._._.___.__......___957, 1034, 1036 --Request Congressional Delegation to limit
jurisdiction of ............_.-.._._..--__......_._.,,.__.._--_.......1040, 1049

FENNELL, REV. ROBERT Prayer Offered By .,,_.............._..........,,._._._,,.-.._____.__.. ..._.._....__.._.__................ 377

FIELDS, REV. HUGH Prayer Offered By ,,._......_............._,,___._.__.-...__.__..__..___..__..............._._._.1119

FINCHER, MR. R. W. HR 37 --Expressing sympathy for passing of .._......_......_......._._..228, 381

FORRESTER, HONORABLE "TIC" HR 56 --Commend ........._....._._._.._.._..-...................,,......._.,,,,...,,.....__...473

FORT OGLETHORPE, TOWN OF HB 29 --Reading of ordinances ............_..-_.__.____-..79, 86, 245, 247, 538

FORSYTH COUNTY

HB 48 HB 77

--Board of Commissioners of Roads and Revenues; create -_....-....................___-.-..-..316, 379, 471, 478, 600, 607
--Use of voting machines ____.....,,..--..____._704, 764, 836, 838, 1028

FRANKLIN, CITY OF HB 67 --Revise charter ........_...__.._..___.__...__..596, 627, 836, 837, 1027

1174

INDEX

FULTON COUNTY

SB 14 SB 12

--Atlanta-Fulton County Recreation Authority; appointment of members, successors ._____.._--__.__.___597, 600, 627, 836, 839
--Relating to retirement funds ...........____292, 317, 380, 630, 844

FUNK, HONORABLE ARTHUR J. HR 155 --Commend---------.-.---.---.-..-.-----.------------._---....-..............-..-----..--.------.-.1134

G

GENERAL APPROPRIATIONS ACT

HB 1 HB 69

--Supplement ._--__-__-..._..._.............__-__.__..___.._.... 8, 20, 25, 28, 40 --Supplement --..___-.__...._------.._--_._____.._.627, 665, 888, 952

GENERAL ASSEMBLY

HR 7 HR 141 HR 157 HR 19

--Joint session to hear message by Governor --~~__.__----.10, 13 --Relative to apportionment ------.-.--__________________--___________ ,1125 --Sine Die adjournment ___.-_-..._._..---...____..__.-1136, 1152, 1153 --To celebrate Governor's birthday _--_________--_,,__-__--__--_44, 80

GENERAL TIME CORPORATION HR 9 --Express appreciation to ----_--__----______--.___.______------______________12

GEORGIA CONGRESSIONAL DELEGATION

SR 43 HR 65

--Request Congressional Delegation to limit jurisdiction of Federal Courts .... --_____----________________...__..___--_--_______1040, 1049
--Urge to support Redevelopment Administration, Area ....__...............-..______.-.._.....___..__....._............_._......_.______.600, 666

GEORGIA ELECTION CODE

SB 1

--Create ......_._..__..........471, 536, 570, 585, 593, 827, 832, 890, 953, 1024, 1040, 1054, 1071, 1088

GEORGIA HEALTH CODE

SB 5

--Amend Section 1 relating to Hospital Authorties,

Law

,,.._..__..._..67, 75, 174, 209

INDEX

1175

GEORGIA SHERIFFS' BOYS RANCH HR 131 --Commend -___-_____-__________.._.__.._,,.__-..-..-...._.,,_----...__.............1044

GEORGIA TECH HR 71 --Appreciation to ._-...-._._.,,.--,,....-.-......._.,,____.-_.__._,,___--_606

GIBBONS, MRS. WILLIAM M. HR 21 --Express sympathy for passing of --__.____.___--.----...--...-_..-69, 81

GILLIS, HONORABLE JIM HR 111 --Commend ____________..__.____,,-.--~.__.._..---...916

GORDON COUNTY

HB 15 HB 14

--Clerk's compensation .____-___-________________-____35, 39, 43, 48, 868 --Deputy sheriffs' compensation ..........S5, 39, 43, 48, 666, 765

GORE, REV. KERMIT Prayer Offered By ...____..,,...._,,,,_....-....._._--._..__._.___.__._._-.........-..._.._...._.... 569

GOVERNOR HR 19

--Joint Session to celebrate birthday ................,,_.............____44, 80

GREENE, REV. REYNOLDS, JR.

Prayer Offered By _.__________,,_____,,__________.___,,,, _,,,,,,,_.,,-_

841

GROOVER, HONORABLE DENMARK HR 53 --Commend .,,......._..........___.._.........._....._..__........ ... ..._....... __...._ 433

GRIFFIN, MRS. MIRIAM B.

HR 59 --Commend

.

......._.._.___....... 537, 578

1176

INDEX

GRIFFIN, HONORABLE CHENEY HR 121 --Commend .--.------......-..._.-..............____.__..._.___.--___........__ .... 953

GWINNETT COUNTY HR 41 --Police Families, Relief Fund Week; provide for __--.261, 294

H
HANES, HONORABLE PAUL L. HR 80 --Congratulate _--.._____-______..--.--......._._...__.... ...............__-......_..-672

HARRIS, REV. CHARLES J. HR 123 --Express sympathy for passing of ......... _ ._..................._.......... 955

HARRIS, DR. PIERCE Prayer Offered By _____--__--------,,_____-_----__--_____________------------. .............5

HAZELHURST, CITY OF

HB 76

--Close certain streets and alleys . _._.._...._._._... ..._____._704, 764, 836, 838, 1028

HEALTH CODE, GEORGIA

SB 5

--Amend Section 1 relating to Hospital Authorities,, Law ------------------__----...-.........-..............67, 75, 174, 209

HENRY COUNTY

HB 63

--Change salaries of certain officials -__-_.,,_____.._._.-.._.__..-469, 536, 587, 868

HILES, HONORABLE ED HR 127 --Invite to address House -_.----_...___....___..______________________.____.____._1035

HILL, HONORABLE RENDER HR 69 --Commend _._.-----.-----..._----..------.....----.------.----...... 604

INDEX

1177

HILL, HONORABLE RENDER HR 95 --Commend . .

. ._..__.__........___. ....... ............--------......820, 842

HOGAN, HONORABLE R. L. HR 26 --Express sympathy for passing of .....-......._--------.------81

HOGANSVILLE, CITY OF

HB 57

--Additional tax, school purposes --------------------------

379, 416, 471, 477, 600

HOLT, REV. WILLIAM Prayer Offered By ........................._--_--------------.--..__---- -- 596

HOLLINGSWORTH, REV. CLARENCE Prayer Offered By --_----_--___--------------..----.--- ._.___-______.._...._.. ......78

HOOVER, HONORABLE J. EDGAR HR 15 --Commend -------------------------__.__.__._._... 36

HOSPITAL AUTHORITIES LAW

SB 4 SB 5

--Extend time revenue certificates may be issued --.----_...----.-.----.--.------67, 75, 174, 207
--Amend Georgia Health Code ........................ .......67, 75, 174, 209

HOUSE OP REPRESENTATIVES

HR 145 HR 142 HR 5 HR 2 HR 1 HR 120-80
HR 119 HR 4 HR 154

--Clerk's Office; expressing appreciation to employees . ......1128 --Commend all members, attaches, etc. ------------------------1126 --Mileage allowance ----_...---------___----.-_---.__--___..,10 --Notify Governor that House has convened .__._..__._--___.... 9, 13, 28 --Notify Senate that House has convened ___..__--------_----. ...8 --Provide for manner of electing members; amendment to
the Constitution ___.__.__--__----------------_-__-951, 1026 --Relative to mileage allowance, certain personnel --.-------925 --Relative to officials, attaches, employees, etc. ____._.............-- 10 --Relative to reapportionment --------------------------------1138

1178
HR 3 HR 110 HR 10 HR 149

INDEX
--Rules of House; adopt .-......._.._..,,_......_.....--............._....-.......___.9 --Rules of the House; amend Roll Call System __.___.^915, 1049 --Rules of House; amend -_--_.....-_........_.,,-____........_.._....19, 21 --Stay-over resolution __.___._._......_._______..__......._._-...................... 1130

HUDGINS, HONORABLE AND MRS. WAYNE HR 92 --Congratulate ._....____...__,,.-....,,-

,,_..,,..,, 817

HUDGINS, MR. WM. L. HR 44 --Express sympathy for passing of __.__.---___..-.........,,_......-- 263
HUNT, REV. JOHN C. Prayer Offered By ,,_-.--.._._._..-__.-.._..._._---_.-.._-___-___...--..-.._._...-..-. ._.....-_.871

I
IRWIN COUNTY HR 27-34 --Ocilla-Irwin County Industrial Development Authority; create; amendment to the Constitution ..._____. __.._____........_._.__________85, 173, 245, 248, 629

J
JACKSON COUNTY HB 58 --Airport Authority; create __......._...._.379, 416, 667, 1125, 1139
JASPER COUNTY HR 12-7 --Board of Education; members may reside in same Militia District __.______.._..__...._.__..........25, 28, 43, 49, 628
JESUP, CITY OF HB 46 --Change corporate limits ........................ 289, 317, 381, 384, 599

INDEX

1179

JOINT SESSIONS

HR 19 HR 7

--To celebrate Governor's birthday ____________________________-..-._...44, 80 --To hear address by Governor _,,_.._.__._............ ..-.-_._._._.__.__.10, 13

JONES COUNTY HB 20 --Sheriff's salary; change .__._.__..________... ____68, 74, 174, 175, 537

JONES, HONORABLE DAVID C.

HR 77 --Commend

-

----

- - --------642

JONES, MRS. JEANETTE HR 40 --Congratulate ._.......-.......,,.._..--..-........-_--..-.._-....___._________.______. 230

JORDAN, HONORABLE J. E. HR 94 --Commend ..........._

.... __________________ 819

JORDAN, HONORABLE WILLIE HR 136 --Express sympathy for passing of -_______________________________________1048

JUDICIAL CIRCUITS

HB 37 HB 18 SB 7 HB 2 SB 13 HB 73

--Albany Judicial Circuit; change name to Bainbridge Judicial Circuit __.___.__._____......._....__.__._..__._172, 206
--Coweta Judicial Circuit; Assistant Solicitor General; compensation ____________________________43, 69, 75, 76, 293
--Coweta Judicial Circuit; assistant solicitor general; compensation _________________._.__..,,..__,,....____.___ 205, 245
--Dougherty Judicial Circuit; create ................8, 21, 31, 205, 211
--Lookout Mountain Judicial Circuit; provide for additional Judge ._..__ _.._._.______________.__416, 472, 536, 666, 828
--South Georgia Judicial Circuit; name changed from Albany Judicial Circuit; compensation of Solicitor General __.._....._._..._....._..__.664, 705, 882, 1125, 1150

1180

INDEX

K

KENNEDY, SENATOR TED HR 8 --Invite to visit House __.____.___._....-.---.----------.--___..._...... _...__11

KEYTON, HONORABLE JAMES W. HR 67 --Commend -_.._______________.______-_._._._.__.___,,._...__._.._.._........- -.602

KILLIAN, HONORABLE WM. RUSSELL HR 64 --Commend -_..____..________...____-__-__--__-___.._._.,,_.._..__..__...__. 594

KING, MR. GERONIMO W.

HR 68 --Commend _.,,_._____________._______,,,,__,,---__---.-

603

KNIGHT, HONORABLE AND MRS. JACK HR 62 --Congratulate ..__..-_..-....-...-_,,..,,__--......-.........-....,,._ ..........592

L

LAMAR COUNTY
HR 36-43 --Barnesville-Lamar County Development Authority; create; amendment to the Constitution .-.,,.____-__..,,_._...._..... 244, 290, 381, 421, 629

LANE, HONORABLE AND MRS. JONES W.

HR 91 --Congratulate ..._..-------.---.-----....-.-..........

817

LAURENS COUNTY HB 78 --Audit by Accountant _...._.........--..............763, 835, 878, 1090

LAVONIA, CITY OF HB 35 --New charter ..___..___.____________._,,___.__ 86, 173, 245, 247, 538, 571

INDEX

1181

LEGISLATIVE COUNSEL HR 148 --Commend ----_----------___.--------.-----.-..._.__,, 1130

LINDSEY, HONORABLE WM. R.

HR 25 HR 98

--Wishing a speedy recovery _------------------------.__..---- 81 --Welcome ----..._--------------------------.---- __.,,.,,.-. 824

LOCKHEED-GEORGIA COMPANY HR 151 --Commend --.----------------_------_-_--__----------1132

LONDON, MAYLON K. HR 81 --Congratulate --_----_.___.____.___-.-._-_---_..._.._..--._672

LOOKOUT MOUNTAIN JUDICIAL CIRCUIT SB 13 --Provide for additional Judge ----__-416, 472, 536, 666, 828

M

MACKAY, HONORABLE JAMES HR 51 --Commend .._...._.------._..__.__.,,_........_.....--__............._J,_430, 471

MACON, CITY OP

HB 5

--Convey property to Lamar Properties, Inc. ...............--......

--------25, 27, 43, 45, 665

MARIETTA, CITY OF

HB 66

--Change corporate limits ..............._.._.._........__._......686, 597, 667, 668, 868, 869

MARSHALL, DR. SAM Prayer Offered By __.____..._.......__._-...-...__.....--.._.........._....._..----.289

1182

INDEX

MATHIS, REV. VANCE Prayer Offered By ..........___.._...__.._._..______.____.._______________...___.____626

MC CLELLAND, RALPH HR 134 --Commend _.....__-,,--..__.._.....-----_-.-__.-...-_-- .^-__.-1046

MC CRACKEN, HONORABLE JAMES ROY HR 46 --Commend ___._......__.________.__-._......_..._._._.,,........_....-- 264

MC CUTCHEN, SAM C. HR 86 --Congratulate ._--..___._--_-_-__.___-_._..--..-._..-...-..-720

McDONALD, HONORABLE THOS. J. HR 138 --Commend ......._....-_....._.-_-_---.---... -.,,..-.._. ....... ...........1121

McINTIRE, HONORABLE POPE B. HR 137 --Commend ...........__......_.......-...-...........__....._.._..................1120, 1152

MC LENDON, REV. FRED Prayer Offered By ..........._.._..__.___._.__..__._..._._....._..._..--.....B86

MEEKS, HONORABLE WM. T. HR 99 --Commend ___.............___.__.................................................._. 824

MILLEDGEVILLE, CITY OF
HR 50-B9 --Milledgeville-Baldwin County Recreation Authority; create; amendment to the Constitution .__..___....... .................414, 470, 667, 705, 914, 1018

MILNER CONFEDERATE CEMETERY

HR 18-19 --Authorize Secretary of State to employ a caretaker

for

- ---- ----------------- 67, 74

INDEX

US."!

MIXON, HARRY HR 82 --Congratulate ._____.__--.-- .,,_............

.......... ......... ...673

MONROE COUNTY HB 80 --Use of voting machines ---- .----------... 834, 842, 878, 1090

MOORE, REV. BOB Prayer Offered By ______________________________________........_._.....___._.._......763

MORGAN, HONORABLE JACK HR 122 --Commend ___..__-______________.._-_________._____....__________.___.___...955

MOULTRIE, CITY OF
HB 65 --Change corporate limits _________536, 570, 587, 869, 915, 1029 HB 47 --Maximum sentence, penal
ordinances _____.__--_________--_____-____.______.315, 379, 471, 474, 599 HR 63-68 --Moultrie-Colquitt County Development Authority; clarify
provisions; amendment to the Constitution _----__.____________597, 627, 765, 854, 1029, 1051

MUNICIPAL CORPORATIONS

HB 52 HB 4 SB 10 HB 30 HR 30 HB 32 HB 34 HB 33 SB 8 HB 31

--Alma, City of; extend corporate limits ___.______----_--_----__________.----378, 415, 471, 477, 599
--Alma, City of; sell, close streets and alleys ___..._._______________.________________24, 27, 43, 45, 292
--Alpharetta, City of; change corporate limits ___----________________________.292, 316, 380, 629
--Atlanta, City of; compensate Police Department for uniforms --------__-_-__________________79, 86, 380, 382, 598
--Atlanta, City of; Municipal Stadium site; relative to visit by members of General Assembly --_--___----_..._,,----87, 246
--Atlanta, City of; police pensions; provide _________________.___._--___.__.______.___..._..-.79, 87, 380, 382
--Atlanta, City of; provide pensions for fire departments _____________.__._.._____------.80, 87, 381, 383
--Atlanta, City of; provide pensions to officers and employees .___..,,___.----_.------------___._-______79, 87, 380, 383
--Atlanta, City of; relating to vacancies of Board of Aldermen _________________________________----291, 316, 380, 629
--Atlanta, City of; salary and expense for Board of Aldermen _._----.______.___----_______............79, 87, 380, 382, 598

1184

INDEX

SB 17 --Atlanta, City of; tax on spirituous, vinous or

malt liquors ._.._.._.__..____._.._..._ 844, 867, 871, 913, 925, 952

SB 14 --Atlanta-Fulton County Recreation Authority; appointment

of members' successors .....................697, 600, 627, 836, 839

HR 32-36 --Bainbridge, City of; Bainbridge-Decatur County Beverage

Control Board; create; amendment to the

Constitution ..._....._......._..._._...__.......__.._...........172, 206, 291, 320

HR 36-43 --Barnesville, City of; Barnesville-Lamar County Development

Authority; create; amendment to the

Constitution ..........__,,_.__.......__......._._... 244, 290, 381, 421, 629

HB 13 --Byromville, Town of; extend corporate

limits .__..._.__________..,,_._..._...__ ...__._..... 35, 39, 43, 48, 294, 373

HB 75 --Columbus, City of; compensation of

Commissioner .._.__.....__.__...._........ ........ 704, 764, 836, 839, 1028

HB 79 --Dublin, City of; hours for

elections .___._.__..._____............___..........._..... .-834, 841, 878, 1090

HB 74 --Douglasville, City of; extend corporate

limits ......._....._....__................................ .703, 764, 836, 838, 1028

HB 25 --Elizabeth, Town of; create new

charter ...._._._.._._... ..........74, 80, 174, 177, 598, 672, 867, 869

HB 77 --Forsyth, City of; use of voting

machines ._.__._....

704, 764, 836, 838, 1028

HB 29 --Fort Oglethorpe, Town of; reading or

ordinances -..._.._____._.... .__,,.__..____..__........79, 86, 245, 247, 538

HB 67 --Franklin, City of; revise

charter _._.____..._._.._._..__.__._.-.........._..__.596, 627, 836, 837, 1027

HB 76 --Hazelhurst, City of; close certain streets and

alleys ..-__....._._________.__.........__.____704, 764, 836, 838, 1028

HB 57 --Hoganville, City of; additional tax, school

purposes .

.

__

379, 416, 471, 477, 600

HB 46 --Jesup, City of; change corporate

limits __.._...._.._____....__-____.._.____.-__289, 317, 381, 384, 599

HB 35 --Lavonia, City of; new

charter __...___._._____........._._____.-.86, 173, 245, 247, 538, 571

HB 5 --Macon, City of; convey property to Lamar

Properties, Inc. __________.____....._..._...-..__-_.25, 27, 43, 45, 665

HB 66 --Marietta, City of; change corporate

limits _______ _._________._...__-_-____586, 597, 667, 668, 868, 869

HR 50-59 --Milledgeville, City of--Baldwin County Recreation Authority;

create; amendment to the

Constitution _.,,_..__._.._._.__............414, 470, 667, 705, 914, 1018

HB 65 --Moultrie, City of; change corporate

limits ...______..__._____..____._.-_.__--536, 570, 587, 869, 915, 1029

HR 63-68 --Moultrie-Colquitt County Development Authority; clarify

certain provisions; amendment to the

Constitution .....______...___....597, 627, 765, 854, 1029, 1051

HB 47 --Moultrie, City of; maximum sentence,

penal ordinances _____......______.... 315, 379, 471, 474, 599

HB 8 --North Atlanta, Village of;

abolish _____._.__._____-______--..__---__--26, 36, 43, 46, 293

INDEX

1186

HR 27-34 --Ocilla, City of; Ocilla-Irwin County Industrial Development

Authority; create; amendment to the

Constitution ...... .________._.__._.-_____..._______.__.85, 173, 245, 248, 629

HB 56 --Powder Springs, City of; change corporate

limits ___...._.__..____.._.._.--_-____.--_-.......- 379, 415, 471, 476. 599

HR 49-59 --Rockdale County-Conyers Water Authority; recreate;

amendment to the

Constitution _._..._..__. .,__-__.-_--...... 414, 470, 537, 581, 914

HB 71 --Rossville, City of; Change compensation of Mayor ... 664, 705

SB 11 --Roswell, City of; change corporate

limits ........... ..._.__._._......._......_.................. ...292, 316, 380, 630

HB 6 ---Screven, Town of; change name to City of Screven; define

corporate limits .......................................... 25, 27, 43, 46, 293

HB 11 --Screven, City of; change terms of office of the Mayor and

Councilmen ........_.-....__......-.... ............ ....34, 38, 43, 47, 293

HB 68 -- Statesboro, City of; create

court ................ _._._. _..._-._.-..-.....-- 597, 677, 765, 814, 1027

HB 70 --Stone Mountain, City of; change corporate

limits -.,,._._.-.... ....

664, 705, 765, 814, 1028

HB 17 --Sylvester, City of; provide new

charter ...................................42, 69, 290, 319, 1152

HR 14-16 --Thornaston, City of; Thomaston Office Building Authority;

create; amendment to the

Constitution ......__.._...._... ......... 35, 39, 44, 52, 416, 914, 1022

HB 59 --Toccoa, City of; establish Civil Service

Board ............_....._.__.......__..__.-_...... ...........413, 470, 537, 570, 665

HB 21 --Unadilla, City of; close certain

alleys ......_.................._...._..._.__................... 68, 74, 1.74, 175, 381

HB 22 --Unadilla, City of; extend corporate

limits .....................____..-._..-.-____-....--..._- 68, 74, 174, 176, 381

HB 42 --Vidalia, City of; change corporate

limits ______._.._...._.._-___._..-__..___.._.___.-_..-.._.173, 207, 291, 319, 665

SB 15 --Winder, City of; election of

mayor -.....__........._...._._....._...._..... ......597, 600, 628, 1051, 1090

MULLIS, HONORABLE JAMES R. HR 43 --Express sympathy for passing of ............................. ..... 262

MURPHY, HONORABLE RUPERT L.

HR 132

--Recommend reappointment to Interstate Commerce Commission .... .............,,...._.. ,,..._._..........._............. ... _. ... .. 1045

MUSCOGEE COUNTY
HR 88-80 --State and county ad valorem taxation; certain exemptions; amendment to the Constitution .................835, 842, 879, 1090

1186

INDEX

N

NORTH ATLANTA, VILLAGE OF HB 8 --Abolish _____________ __._ 26, 36, 43, 46, 293
NEEDHAM, BRIGADIER GENERAL Prayer Offered By __,,____.___.__ ______---.---_--__..._._.__-_.- .- -703
o

OCILLA, CITY OP HR 27-34 --Ocilla-Irwin County Industrial Development Authority; create; amendment to the Constitution -___..._._-_.._..._._._....___85, 173, 245, 248, 629
OKEFENOKEE RIVER HR 130 --Urge construction of bridge ______,,____________________.__ _..._____._.1042
P
PADGETT, NORMAN HR 22 --Commend _________.._.______.______________________ 70
PARKER, MRS. HOMER C. HR 17 --Express sympathy for passing of _______________________________________A1
FARMER, HONORABLE HERSHEL W. HR 76 --Commend __.__._..--____________..____...._______.____._____.__.__.___642
PARTAIN, REV. BROOKS Prayer Offered By ...__.__________________..______________._..._____...______.535

INDEX

1187

PAULDING COUNTY

HB 53 HB 54 HB 55

--Certain officials, salary _._.....,,--..._..__._378, 415, 471, 475, 599 --Change salary of commissioner _._.-...._378, 415, 471, 476, 599 --Tax Commissioner; compensation .__--..379, 415, 471, 476, 599

PAYTON, HONORABLE HENRY N.

HR 106 --Commend .

... --- -_._____..,,._,,___.._...____...-_._......._-____ 875

PHILLIPS, DR. J. DAVISON Prayer Offered By __._____ ___.._._____..-.-..-_..-. 913

PHILLIPS, HONORABLE J. TAYLOR SR 34 --Commend _...._____.....-_..-.-.-.,,...._._-__..____.---.._,,.__-598, 645

PLAINS HIGH BASEBALL TEAM

.

:

HR 74 --Commend ....._.__.-..-..__.....__-..-.-.._-...._-......._-.._-..._.._-._-_......621

POLICE FAMILIES RELIEF FUND WEEK

HR 41

--Provide for; express appreciation to Gwinnett County policemen ..._,,___________________.___________--_______..._______261, 294

POLK COUNTY
HR 38-45 --Board of Education; merger with Cedartown school system; remove certain provisions; amendment to the Constitution __--.244, 290, 835, 859, 1028

PONSELL, HONORABLE WM. KING HR 96 --Commend __-_-.__---_-________,,-______,,_.__.______-.__.._________....,_........821

POOLE, HONORABLE AND MRS. WILL HR 156 --Congratulate .._._.....______._______.________.____________1135

POWELL, HONORABLE W. H. HR 54 --Commend ...._.__._________._-.-___-__-_.._.__.___._.._...._ _.__472

1188

INDEX

POWBLL, HONORABLE W. H. HR 54 --Commend __._.-.....___._..-..-....,,.-_-_..-__......-__......_,,...___......._.._..._.._ 472

POWELL, REV. IKE Prayer Offered By _...._._..__-.______.__.__.._.-._____-.-._.......___._.._._______.._._____....__.._..66

POVERTY
HR 115 HR 150

--Include certain areas in war on poverty _.._--...-.__.----.920, 1090 --War on; urge President to include Chattahoochee
and Flint River basins ...-...._....._.......--.--_--_-----.._1131

POWDER SPRINGS, CITY OF HB 56 --Change corporate limits __.._,,...--_-_.-.379, 415, 471, 476, 599

PREACHERS

--Rev. Charles Andrews _--.--..--__._._-_._--_.--_.......315 --Rev. Robert T. Baggott, Jr. _____________._.--.__..--...413 --Rev. Carter Berkley _.__.__.......___._....__...._____--.._.__42 --Rev. Dan Brewster __.._._,,__......_.--_____----_--..__ 1026 --Rev. Dale Brown -_....._.__..--__----..----_-_--._...-. 663 --Rev. Wm. F. Byrd ..-______.....------__------___.....---_....----_..---243 --Rev. Norton Campbell __._...----_.._._-__--.--___...---_._--1124 --Rev. Weyman Cleveland ______.,,--.__..._.....__-,,.._--____--.951 --Rev. Charlie Cook __..._______...._____._._._........1038 --Rev. Rutland Courtney ____.._._.._____.__..._--.834 --Rev. Frank Coyle ._.._._______.___________.__..----.26 --Rev. R. E. Crawford _....__..____.__._.._.___.__....____38 --Dr. Eugene T. Drinkard --__.________.._____.__...469 --Rev. Henry Durham _..._.._____._.____.______--...85 --Rev. Robert Fennell ......____.....___....__......_....-...--.-...-..-.377 --Rev. Hugh Fields -___.________-______--._...-1119 --Rev. Kermit Gore _.____________________......__ 569 --Rev. Reynolds Greene, Jr. ......--_....._._______--___--_____--___841 --Dr. Pierce Harris ----____.___._.__----____._----... .5 --Rev. Clarence Hollingsworth _------...-._._........._.____._-.--..--.78 --Rev. William Holt _______________.__.....__.__....._____...696 --Rev. John C. Hunt __.._......_____.___..___................871 --Rev. Fred McLendon ___ ________________..._.....586 --Dr. Sam Marshall --.__________________..--_...--.289 --Rev. Vance Mathis ___..___________._____.........626 --Rev. Bob Moore _..._____________________-.763

INDEX

1189

-Brigadier General John Needham .__...--...._.._.-_-_......._..... .703

-Rev. Brooks Partain ,,___,,____________._____,,_________..._.____.______535

-Dr. J. Davison Philips ._..______.._--_--___________ 913

-Rev. Ike Powell __._..___.____.-______.__......___...___.._..._.._________ 66

-Rev. Vernard Robertson _-_._-_..__-_.-_--__~_--______._.._... .......203

-Hon. Max Sanders .____,,___.___._._._...____.______-_--_________ 24

-Rev. Fred Shelnutt __-._______.__......_.___.._...._.,__.B76

-Rev. A. Leslie Thompson -_______-__.-_______,,.______.__._..--...-_20

-Rev. Abner Tippett _._.._...__._....__...__...__-___......___._.843

-Rev. Julian L. Tucker _____--___--.___.___,,__--__............_..._73

-Rev. Charles C. Walker ._.....-.__,,.....,,..__-..,,._._..,,_............_ 34

-Rev. Hubert White ___-_._...,,........_......._,,..___..,,-.... -1089

-Rev. C. Lee Wilson ._.__...__--,,...___......__..._....-...._....-..

-170

R

RAINS, LT. BEN

HR 35 --Congratulations ...._....._._..._.-.-_-.................___..___....

174

READ, FRANCES HR 107 --Commend ....._...-.._.._-_..__.__.-...._,,...._........._..__,,.,,....... 875

REAPPORTIONMENT

HR 141 HR 154

--General Assembly and Congressional Districts; urge ._._._..__--_.._._......___.__
--House of Representatives; relative to .._--__.__._.......

.1125 _1138

REDEVELOPMENT ADMINISTRATION, AREA

HR 65

--Urge Georgia Congressional Delegation to support .._....._._....._...____.__....___._.........__.._._._........

600, 666

ROBERTSON, REV. VERNARD

Prayer Offered By .....___.....__....,,........._.___...__......_.._..._......... ._..__..

203

ROCKDALE COUNTY HR 33-41 --Board of Education; additional members; amendment

1190

INDEX

to the Constitution ._____.._.._.___..____.......173, 207, 291, 324, 914 HB 41 --Change Commissioner's salary .........._...__......173, 207, 291, 318 HB 38 --Change compensation of Tax
Commissioner ...... __..-..-_....._......_--........._..172, 206, 290, 317 HB 40 --Change Ordinaries salary ....___...._._....__....... 172, 206, 291, 318 HB 39 --Change sheriff's salary _-......_....._...._.... .....172, 206, 291, 318 HK 49-59 --Rockdale County-Conyers Water Authority; recreate;
amendment to the Constitution __.......414, 470, 537, 581, 914

ROSSVILLE, CITY OF HB 71 --Change compensation of Mayor ._......_..... ...... ......... .664, 705

ROSWELL, CITY OF SB 11 --Change corporate limits .... .._..___......_ .........292, 316, 380, 630

ROWLAND, HONORABLE EMORY L.

HR 39 --Congratulate .....--.....-....._--...--....--....--...........

229

RUSSELL, SENATOR RICHARD B.

HR 117 HR 11

--Commend _........_.........-.........-........-.......-_....._......... --Commend ....._.-._._...-.,,.-.....--......_-...-..-.-.............._..........

922 22,28

RUTLAND, HONORABLE GUY HR 52 --Commend ..---.----.---.---------..-....-- _ 431
s

SANDERS, HONORABLE CARL E.
--Joint session to celebrate birthday .......... .................. 44, 80 HR 117 --Commend .....____...._.._..._..._._..........__._.__.........._............... 922 HR 29-JR-l--Congratulations _____......_--.._-__._._-._...-._...._.-_.....__...._.. .... 82

HOUSE ADDRESSED BY: --Governor Carl E. Sanders -_--..-_._.....__............ ........ _____950, 1153

INDEX

1191

PRAYER OFFERED BY: --Hon. Max Sanders _----------------------------------------___24

SCARBOROUGH, HONORABLE JOHN, JR. HR 112 --Commend _____________________________917

SCREVEN, CITY OF

HB 11

--Change terms of office of the Mayor and Councilmen ,,.__.__.___-____----34, 38, 43, 47, 293

SCREVEN COUNTY
HR 57-65 --Board of Education; election of members; amendment to the Constitution _.._..536, 570, 587, 588, 914

SCREVEN, TOWN OF

HB 6

--Change name to City of Screven; define corporate limits --._--_-__--,,.------25, 27, 43, 46, 293

SEABOARD AIR LINES R. R. HR 23 --Appreciation to ----_-__--..--------...------.------. -- .--71, 81

SENATE SR 1

--Notify the House that Senate has convened .. ------_....._-13

SECRETARY OF STATE HR 144 --Expressing appreciation _.___._._--.----__--.-- --.._-- ..1127

SEMINOLE COUNTY SB 2 --Change salary of Tax Commissioner ...--........67, 75, 245, 247

SEWELL, HONORABLE J. W.

HR 113 --Commend ...... _.----. -- ----.-

918

1192

INDEX

SHELNUTT, REV. FRED Prayer Offered By _____....._.--._.._____._._._....------_.-.___...... ..............................576

SMITH, MRS. W. R. HR 45 --Express sympathy for passing of _____._.--....... ..._..-- ........-- 263

SOUTH GEORGIA JUDICIAL CIRCUIT

HB 73

--Name changed from Albany Judicial Circuit; compensation of Solicitor-General --.....664, 705, 882, 1125, 1150

SPALDING COUNTY
HR 84-77 --General obligation bonds for educational facilities; amendment to the Constitution ....704, 764, 836, 847, 1029

STATESBORO, CITY OF HB 68 --Create court .................. .... ._.__.__._.. ......... 597, 677, 765, 814, 1027

STONE MOUNTAIN, CITY OF HB 70 --Change corporate limits ......... .......... 664, 705, 765, 814, 1028

STONE MOUNTAIN MEMORIAL ASSOCIATION

HR 61 HR 58

--Create committee to investigate --...._.--...._-- ........ .. 580 --Governor's Commission on Efficiency and
Economy in Government; investigate ... .. ...._.._....... 577, 584

ST. LOUIS CARDINALS FOOTBALL TEAM HR 78 --Relative to _........_..___......_.___................................................... .643

ST. PAUL FIRE MARINE INS. CO. HR 66 --Appreciation ..................----...........--......_.. .............__........... 601

STRICKLAND, "UNCLE JOE" HR 16 --Congratulate ......------....__----..............----...............---- ...... .40

INDEX

1193

STUCKEY, HONORABLE W. S. HR 73 --Commend ______ _-_,,____.--___________...._.__-__________--_:.,,_ .....____..______620

SYLVESTER, CITY OF HB 17 --Provide new charter ..____._...._________....__42, 69, 290, 319, 1552

T

TALMADGE, SENATOR HERMAN E.

HR 11 HR 117

--Commend __._........__._.....__.___....._-...._......___......_..__......._._....._...........22, 28

--Commend ___________ ____________

922

TEAGUE, BILL HR 129 --Commend ___.....____.._....____.....____...___..__.__........_..__.....__..._....._...._.......1041

THOMAS COUNTY
HR 72-69 --Revenue obligations; authorize to issue; amendment to the Connstitution ______.____^.____________.________.__627, 665, 675, 851, 1028

THOMASTON, CITY OF
HR 14-16 --Thomaston Office Building Authority; create; amendment to the Constitution .___._-....._._-..___.35, 39, 44, 52, 416, 914, 1022

THOMPSON, REV. A. LESLIE

Prayer Offered By

.____._______. ______________ _______________________________20

TIPPETT, REV. ABNER Prayer Offered By _____.._____,,__________-_________.__,, 843

TOCCOA, CITY OF

HB 59

--Establish Civil Service Board ___,,_______.-_____.____..______-_-__________ ...____413, 470, 537, 570, 665

1194

INDEX

TOOMBS COUNTY HB 3 --Sheriffs; compensation ,,___.._.__-_--------8, 21, 43, 45, 292

TOWNS COUNTY HB 43 --Change sheriff's salary _-_--------_------205, 244, 291, 319, 868

TOWSON, HONORABLE WM. M. HR 133 --Commend ------ _------_.__--------------------------. .1045

TROUP COUNTY HB 62 --Abolish certain justice courts ----___----.414, 470, 537, 667, 1027

TUCKER, REV. JULIAN L.

Prayer Offered By

- -.--_--_--------------

.73

TUCKER, HONORABLE M. KING HR 109 --Commend_-..._.___.----_..--.------_--.....----.-------877

TWITTY, HONORABLE FRANK S., SR. HR 47 --Commend _.--------. -----------------._--------_---------

.,265

u

UNION COUNTY

HB 12 HB 61 HB 45

--Board of Commissioners of Roads and Revenue; create ._..----_._----___----------- ._------35, 39, 43, 47
--Channge salary of Tax Commissioner _----_....--.....__--___--_..__.,,--__414, 470, 537, 571
--County Treasurer; abolish office of ----------244, 290, 381, 383

UNADILLA, CITY OF

HB 21 HB 22

--Close certain alleys __,,------_.----_--_.__._.68, 74, 174, 175, 381 --Extend corporate limits --------_.------..68, 74, 174, 176, 381

INDEX

1195

UNDERWOOD, HONORABLE JOE HE 70 --Commend __--------__----_._.____ _________________________________605

V

VIDALLIA, CITY OF HB 42 --Change corporate limits-------173, 207, 291, 319, 665
w

WALKER, REV. CHARLES C.

Prayer Offered By .

.

._------------------ _----__----____------ - 34

WALKER COUNTY

HB 72

--Change salary of Commissioner -- -664, 705, 765, 815, 1029, 1032

WALLACE, GOVERNOR GEORGE C. HR 118 --Commend ------------------____________ _ ,,_ _ 924

WALTON COUNTY HB 23 --Change sheriffs salary ____________------___68, 75, 174, 176, 598
WARE COUNTY HR 13-10 --Board of Education; election of members; amendment to the Constitution _________27, 36, 43, 417, 629 HB 10 --Tax Commissioner's office; create __________________________27, 36, 43

WARREN, HONORABLE JAMES E. HR 101 --Commend __________________________.,,_-__.------826
WATSON, CALEB P. HR 89 --Congratulate _-_----____-__-_--______________-__________.-_--___________ 815

1196

INDEX

WAYNE COUNTY HB 7 --Provide for an official court reporter.....---_ 25, 27, 48, 46, 293

WELLS, HONORABLE WARNER D. HR 93 --Commend ......... ......_.___.___,,...

... .. ........... 818

WHITE, REV. HUBERT

Prayer Offered By .._,,.._..__._.-__._.__._._..._.._...

1089

WHITENER, MRS. W. L. HR 97 --Express sympathy for passing of .......

................. .....822

WILKES, HONORABLE WILSON

HR 95 --Commend

...................

820,842

WILLS SB 3

--Provide for number of witnesses _-__....._...._.___....._67, 75, 291, 385

WINDER, CITY OF SB 15 --Election of mayor ..

. . ._____597, 600, 628, 1051, 1090

WINGPIELD, MR. AND MRS. MIDDLETON HR 139 --Commend .._____..,,....__._.....__.........___.....____.........____..........................1122

WILSON, HONORABLE JOE M. HR 124 --Commend ..........

............_...................956

WILSON, REV. C. LEE

Prayer Offered By .....,.._____,,._.__.__...._...___.__.......-_._.._..........._..... ...

170

WITNESSES SB 3

--Wills and Codicils; provide for number _.......67, 75, 291, 385

INDEX

1197

WORTH COUNTY

HB 17

--Sylvester, City of; provide new charter ._._......_._...____....___.-___42, 69, 290, 319, 1152

INDEX

1199

Part II

NUMERICAL TABULATION

HOUSE BILLS

HB 1 HB 2 HB 3 HB 4 HB 5
HB 6
HB 7
HB 8 HB 9
HB 10 HB 11
HB 12
HB 13
HB 14
HB 15 HB 16 HB 17 HB 18
HB 19
HB 20 HB 21 HB 22
HB 23 HB 24
HB 25

--General Appropriations Act; supplement__._8, 20, 25, 28, 40 --Dougherty Judicial Circuit; create.--------.____.8, 21, 31, 205, 211 --Toombs County; sheriffs; compensation.....__...8, 21, 43, 45, 292 --Alma, City of; sell; close streets and alleys.--- 24, 27, 43, 45, 292 --Macon, City of; convey property to Lamar
Properties, Inc. --------..___------.._._-------- 25, 27, 43, 45, 665 --Screven, Town of; change name to City of Screven;
define corporate limits.-------_----_--_--_--25, 27, 43, 46, 293 --Wayne County; provide for an official court
reporter --__.___----__,,----_...--_._.----------25, 27, 43, 46, 293 --North Atlanta, Village of; abolish_..___..___26, 36, 43, 46, 293 --DeKalb County; adjust salaries of county
officials ___,------_._--------.-__----...___.--27, 36, 43, 47, 293 --Ware County; Tax Commissioner's office; create----.- 27, 36, 43 --Screven, City of; change terms of office of the
Mayor and Councilmen.----_----_.----------..34, 38, 43, 47, 293 --Union County; Board of Commissioners of Roads
and Revenue; create ._----..------..--.......--------35, 39, 43, 47 --Byromville, Town of; extend corporate
limits---------------_--_-----------------35, 39, 43, 48, 294, 373 --Gordon County; Deputy sheriffs
compensation.-------.------------------35, 39, 43, 48, 666, 765 --Gordon County; Clerk's compensation..-------35, 39, 43, 48, 868 --Coweta County; Ordinary; clerical expense..--.35, 39, 43, 49, 293 --Sylvester, City of; provide new charter.--__42, 69, 290, 319, 1152 --Coweta Judicial Circuit; Assistant Solicitor General;
compensation ----------------_------..____.------.43, 69, 75, 76, 293 --Atkinson County; provide for Solicitor of county
court -.-..-_...---------.----------------------_...43, 69, 75, 76, 293 --Jones County; Sheriffs salary; change .----68, 74, 174, 175, 537 --Unadilla, City of; close certain alleys................68, 74, 174, 175, 381 --Unadilla, City of; extend corporate
limits-----------------------------------68, 74, 174, 176, 381
--Walton County; change Sheriffs salary......--68, 75, 174, 176, 598
--Berrien County; change compensation of Board of Commissioners of Roads and Revenues----73, 80, 174, 176, 382
--Elizabeth, Town of; create new charter--_.--------..----------74, 80, 174, 177, 598, 672, 867, 869

1200
HB 26 HB 27
HB 28
HB 29
HB 30
HB 31
HB 32 HB 33
HB 34
HB 35 HB 36 HB 37
HB 38
HB 39 HB 40 HB 41
HB 42 HB 43 HB 44
HB 45
HB 46 HB 47
HB 48
HB 49 HB 50
HB 51
HB 52 HB 53 HB 54
HB 55

INDEX

--Catoosa County; bond requirements---------. 78, 86, 245, 246, 537

--Catoosa County; bond requirements; change

amount .__....___._----____----___--------__....------.79, 86, 245, 246, 537

--Catoosa County; bond requirements; change

amount...-..---------.--.---.- ------ .._... ..--..79, 86, 245, 246, 538

--Fort Oglethorpe, Town of; reading of

ordinances ..__......_.--.._._.------_..-- .--_.... ----79, 86, 245, 247, 538

--Atlanta, City of; compensate Police Department for

uniforms --__---..--.-_..-.-- _.------------....79, 86, 380, 382, 598

--Atlanta, City of; salary and expense for Board

of Aldermen.........._._----..------....---- . ............79, 87, 380, 382, 598

--Atlanta, City of; Police pensions; provide-- ------79, 87, 380, 382

--Atlanta, City of; provide pensions to officers and

employees.--__.._.._--......__---..---.----.----..- . - ----79, 87, 380, 383

--Atlanta, City of; provide pensions for fire

departments...... .----...-..----------_.._--...... .....80, 87, 381, 383

--Lavonia, City of; new charter.----..----86, 173, 245, 247, 538, 571

--Bacon County; change Sheriff's salary.--..172, 206, 290, 317, 598

--Albany Judicial Circuit; change name to Bainbridge

Judicial Circuit ........._...__.........----........_....------. ....-- ....172, 206

--Rockdale County; change compensation of Tax

Commissioner ___._--.___..--____----...._._.......... .172, 206, 290, 317

--Rockdale County; change Sheriff's salary....----.172, 206, 291, 318

--Rockdale County; change Ordinaries salary.. 172, 206, 291, 318

--Rockdale County; change Commissioner's

salary

_.__,,_.__..__.----------_.. .....173, 207, 291, 318

--Vidalia, City of; change corporate limits . 173, 207, 291, 319, 665

--Towns County; change Sheriff's salary.. 205, 244, 291, 319, 868

--Carroll County; election of the Justice of

Peace ._ .... --_.--------__.--------.....____. ..-....-.244, 290, 381, 384, 598

--Union County; County Treasurer; abolish

office of ----_._.._--------_....--.----..-------- . 244, 290, 381, 383

--Jesup, City of; change corporate limits .... 289, 317, 381, 384, 599

--Moultrie, City of; maximum sentence; penal ordinances ......--..._.. -- ........_._--------_ ------315, 379, 471, 474, 599

--Forsyth County; Board of Commissioners of Roads and Revenues; create --__.--------___._....__ 316, 379, 471, 478, 600, 607

--Baker County; change Sheriff's salary.... 377, 414, 471, 474, 599

--Barrow County; change compensation of members of board and clerk--------..----.---.----.----378, 415, 471, 475, 868

--Barrow County; change compensation, certain officials __--._.--.------------._...-- ---- ..378, 415, 471, 475, 867, 887

--Alma, City of; extend corporate limits ....... 378, 415, 471, 477, 599

--Paulding County; certain officials' salary ...378, 415, 471, 475, 599

--Paulding County; change salary of commissioner.-------....--------.....---378, 415, 471, 476, 599

--Paulding County; Tax Commissioner; compensation...------..--------....----.--...379, 415, 471, 476, 599

HB 56 HB 57 HB 58
HB 59 HB 60 HB 61 HB 62 HB 63 HB 64 HB 65 HB 66 HB 67 HB 68 HB 69 HB 70 HB 71 HB 72 HB 73
HB 74 HB 75 HB 76 HB 77 HB 78 HB 79 HB 80 HB 81

INDEX

1201

--Powder Springs, City of; change corporate

limits.----.---...---_--.-_-----....__--..--_----_______ 379, 415, 471, 476, 599

--Hogansville, City of; additional tax, school

purposes .._.._.......... ... ___..... ._ ....__......._____. 379, 416, 471, 477, 600

--Jackson County Airport Authority;

create...------------------__..--------- 379, 416, 667, 1125, 1139

--Toccoa, City of; establish Civil Service

Board.....--------..--------------------------.--413, 470, 537, 570, 665

--Early County; create office of Tax

Commissioner....._.._..._... ._..... ----------.414, 470, 537, 571, 868

--Union County; Tax Commissioner,

compensation ..----------------------. .....___..__._....414, 470, 537, 571

--Troup County; abolish certain justice

courts ....__...... ......_... -..--_------....... ..414, 470, 537, 667, 1027

--Henry County; change salaries of certain

officials . ......... ..._.--.__--..------..----------.469, 536, 587, 868

--Cobb County; create Board of Commissioners of

Roads and Revenues ..._.... .._.._..._...____.._._ ....__. 535, 569, 630, 868

--Moultrie, City of; change corporate

limits.....-...-__...---- -.--_......-----536, 570, 587, 869, 915, 1029

--Marietta, City of; change corporate

limits ._._----------.---------------586, 597, 667, 668, 868, 869

--Franklin, City of; revise charter ... ... 596, 627, 836, 837, 1027

--Statesboro, City of; create court.._........_ 597, 677, 765, 814, 1027

--General Appropriations Act; supplement-..--627, 665, 888, 952,

--Stone Mountain, City of; change corporate

limits -.._--------_._.---------_.-. ..... ..... 664, 705, 765, 814, 1028

--Rossville, City of; change compensation of Mayor ... .... 664, 705

--Walker County; change salary of

Commissioner............... _.___.__.... ....... 664, 705, 765, 815, 1029, 1032

--South Georgia Judicial Circuit; name changed from Albany

Judicial Circuit; compensation of Solicitor-

General ..... .....__.._--------------_--....----. 664, 705, 882, 1125, 1150

--Douglasville, City of; extend corporate

limits-----.------..-----..-----..----.-.-. 703, 764, 836, 838, 1028

--Columbus, City of; compensation of

Commissioner ..__....______.__...___..__._______...........704, 764, 836, 839, 1028

--Hazlehurst, City of; close certain streets and

alleys-----._......-----...-.-----......704, 764, 836, 838, 1028

--Forsyth, City of; use voting

machines .....----....._------_-........------..........704, 764, 836, 838, 1028

--Laurens County; accountant audit .--.--------..763, 835, 878, 1090

--Dublin, City of; hours for elections--------....... 834, 841, 878, 1090

--Monroe County; use of voting machines __..........834, 842, 878, 1090

--Constitution convention; provide for a convention of the

people --

,,__-------._-_-------------- 1117, 1119

INDEX

1203

Part III

NUMERICAL TABULATION

HOUSE RESOLUTIONS

HR 1 --House of Representatives; notify Senate that House has

convened

-..--_-__.

..... 8

HR 2 --House of Representatives; notify Governor that House

has convened _....--.,,_,-.............__.._. .__.___.__._................_.__. 9, 13, 28

HR 3 --House of Representatives; adopt Rules of House ....___.__.............._. 9

HR 4 --House of Representatives; attaches; compensate ._._....__........ 10

HR 5 --House of Representatives; mileage allowance _______..___._,,..___.. ...10

HR 6-1 --Constitution of the State of Georgia; revise; amendment to the

Constitution . 8, 20, 88, 356, 915, 959, 1024, 1025, 1091, 1118

HR 7 --Joint Session to hear address by Governor

.......... 10, 13

HR 8 --Kennedy, Senator Ted; invite to visit House _-__._. _____________ 11

HR 9 --General Time Corporation; expressing appreciation ______ _____ 12

HR 10 --House of Representatives; amend Rules of House .___._._____...19, 21

HR 11 --Russell and Talmadge, Senators; commend _.____._________.....__._._ 2.2, 28

HR 12-7 --Jasper County board of education; resident requirements;

amendment to the Constitution __._._..______ 25, 28, 43, 49, 628

HR 13-10 --Ware County board of education; election of members;

amendment to the Constitution _____________ ___ 27, 36, 43, 417, 629

HR 14-16 --Thomaston Office Building Authority; create; amendment to

the Constitution _______________________ 35, 39, 44, 52, 416, 914, 1022

HR 15 --Hoover, Honorable J. Edgar; commend __________________ 36

HR 16 --Strickland, "Uncle Joe"; congratulate _______________ ............ ... 40

HR 17 --Parker, Mrs. Homer C.; sympathy for passing of _._____..._.._.. ___...41

HR 18-19 --Milner Confederate Cemetery; authorize Secretary of State to

employ caretaker . ......... ..._..._.._._._......-._..._..._________.-.-__...._____._..._.__. 67, 14

HR 19 --Joint Session; to celebrate Governor's birthday ___._____.__........44, 80

HR 20-22 --Cobb County; prohibit incorporation of territory without

approval of voters; amendment to the

Constitution ____.___.__________.________....---_____.__________._..__.____68, 74, 174, 177

HR 21 --Gibbons. Mrs. William M.; sympathy for passing of ____.____69, 81

HR 22 --Bivins, J. T. and Padget, Norman; commend ____________.___.._____.______70

HR 23 --Seaboard Air Lines Railroad; expressing appreciation ........71, 81

HR 24 --Bolton, Honorable Arthur; congratulate _____----.-.-----------_-._--76

HR 25 --Lindsey, Honorable William R.; wishing a speedy recovery ....___ 81

HR 26 --Hogan, Honorable R. L.; sympathy for passing of ______________ 81

HR 27-34 --Ocilla-Irwin County Industrial Development Authority; create;

amendment to the Constitution ______________ 85, 173, 245, 248, 629

1204

INDEX

HR 28-34 --Charlton County Development Authority; create; amendment

to the Constitution ____,,.,,,,,,.._.___.____._ 86, 173, 245, 255, 629

HR 29-JR1 Sanders, Governor Carl E.; congratulate -._-__--_..,,_____.,,,,____.____ 82

HR 30 --Atlanta Municipal Stadium site; relative to visit by members

of General Assembly __________ _____ __ ____________ 87, 246

HR 31 --Bynum, Mary A.; wishing a speedy recovery ___....____________.__. 88

HR 32-36 --Bainbridge-Decatur County Beverage Control Board; create;

amendment to the Constitution ___________________ 172, 206, 291, 320

HR 33-41 --Rockdale County board of education; additional members;

amendment to the Constitution __,,,___ 173, 207, 291, 324, 914

HR 34-43 --Clarke County board of education; election of members;

amendment to the Constitution __-_________....___ 205, 245, 291, 328

HR 35 --Rains, Lt. Ben; congratulate __,,,,-___-_.__,,_____._.______ ________174

HR 36-43 --Barnesville-Lamar County Development Authority; create;

amendment to the Constitution _ _ 244, 290, 381, 421, 629

HR 37 --Fincher, Mr. R. W.; sympathy for passing of ________________ 228, 381

HR 38-45 --Polk County board of education; merger with Cedartown;

amendment to the Constitution _________ 244, 290, 835, 859, 1082

HR 39 --Rowland, Honorable Emory L.; congratulate ----___,,,,__._.,,. 229

HR 40 --Jones, Mrs. Jeanette; congratulate ____________________________,,_,,._._.230

HR 41 --Police Families Relief Fund Week; provide for; express

appreciation to Gwinnett County policemen ...________261, 294

HR 42 --DeHavilland, Olivia; welcome __________ ______________,,,,__,, 261

HR 43 --Mullis, Honorable James R.; sympathy for passing of ___________262

HR 44 --Hudgins, Mr. Wm. L.; sympathy for passing of __________________ 263

HR 45 --Smith, Mrs. W. R.; sympathy for passing of ._,,_-_________ 263

HR 46 --McCracken, Honorable James Roy; commend ___--_____,,__----264

HR 47 --Twitty, Honorable Frank S., Cr.; commend ____________

265

HR 48-51 --Barrow County Industrial Building Authority; change name;

amendment to the Constitution ___________ 378, 415, 471, 538, 914

HR 49-59 --Rockdale County-Conyers Water Authority; recreate;

amendment to the Constitution ____________414, 470, 537, 581, 914

HR 50-59 --Milledgeville-Baldwin County Recreation Authority; create;

amendment to the Constitution _,,._ 414, 470, 667, 705, 914, 1018

HR 51 --Mackay, Honorable James; commend _______ _______.______430, 471

HR 52 --Rutland, Honorable Guy; commend ,,_._.____._..,,,,____________.431

HR 53 --Groover, Honorable Denmark; commend _.__----___________433

I|R 54 --Powell, Honorable W. H.; commend ________________________,,_____,,,,__ 472

HR 55 --Boy Scouts of America; relative to Jamboree ___________.472, 570

HR 56 --Forrester, Honorable "Tic"; commend _,,_,,,,__,,___,,,,__,,__.473

HR 57-65 --Screven County board of education; election of members;

amendment to the Constitution _________-_____536, 570, 587, 588, 914

HR 58 --Stone Mountain Memorial Association; investigate ____.._577, 584

HR 59 --Griffin, Mrs. Miriam B.; commend _______________________537, 578

HR 60 --Andrews, Honorable Jim; commend ,,_,,__,,.__,,____,,_.__..____.__. 579

HR 61 --Stone Mountain Memorial Association; create committee

to investigate ___________________________________.,,____,,._,,,,_______,,__ __ 580

HR 62 --Knight, Honorable and Mrs. Jack; congratulate _._____ 592

HR 63-68 --Moultrie-Colquitt Development Authority; clarify provisions;

amendment to the Constitution __.597, 627, 765, 854, 1029, 1051

INDEX

1205

HR 64 --Killian, Honorable William Russell; commend _,,__.--__,,.._ 594 HR 65 --Area Redevelopment Administration; urge Georgia Congressional
Delegation to support --.--.._--..__.___________,,____________ ___600, 666 HR 66 --St. Paul Fire Marine Insurance Company; expressing
appreciation ____________________________________________________________________________ 601 HR 67 --Keyton, Honorable James W.; Commend ________________.__--______ 602 HR 68 --King, Mr. Geronimo W.; commend ________________............_,,_.__.._.. - 603 HR 69 --Hill, Honorable Render; commend .____,,_______,,,,--_604 HR 70 --Underwood. Honorable Joe; commend _____--------------------------605 HR 71 --Georgia Tech; expressing appreciation ________,,______.__-_-..__-__ 606 HR 72-69 --Thomas County; revenue obligations; amendment to the
Constitution ____._._______...____________.___.....__627, 665, 765, 851, 1028 HR 73 --Stuckey, Honorable W. S.; commend ._____-..__._______--------._.--620 HR 74 --Plains High Baseball Team; commend .___,,__--__.___-_.... 621 HR 75 --Americus Baseball Team; commend __________.,,__--___--___.___--.__..-622 HR 76 --Farmer, Honorable Hershel W.; commend ___.________.--_.____----642 HR 77 --Jones, Honorable David C.; commend ._._______.___._-___-.._.______-....642 HR 78 --St. Louis Cardinals Football Team; relative to ________.,,_____643 HR 79 --Bell, Mr. Harry; sympathy for passing of .___________._-.._-.._...___.644 HR 80 --Hanes, Honorable Paul L.; congratulate _...__.________..___.... 672 HR 81 --London, Maylon K.; congratualte _________________,,__.____.______.__672 HR 82 --Mixon, Honorable Harry; congratulate __..._.______._________.-_-._. 673 HR 83-75 --Catoosa County Board of Tax Administrators; create;
amendment to the Constitution ___..._,,__.._._ ___704, 836, 864, 1028 HR 84-77 --Spalding County; general obligation bonds, education facilities;
amendment to the Constitution .__...___.__704, 764, 836, 847, 1029 HR 85 --Atlanta Times; commending officials __________.719, 836 HR 86 --McCutchen, Sam C.; congratulate ................_____---~-___--__720 HR 87 --Duncan, Honorable Ebb; commend ____.___-...-_-.---------._. ..767 HR 88-80 --Muscogee County; state and county ad valorem tax; exemptions;
amendment to the Constitution __._.__....._..._____835, 842, 879, 1090 HR 89 --Watson, Honorable Caleb P.; congratulate ..____.._..-.-_....-....____.815 HR 90 --Cullens, Honorable J. R.; congratulate ___.._.._-_______________-_-..._ 816 HR 91 --Lane, Honorable and Mrs. Jones W.; congratulate ..__.______......817 HR 92 --Hudgins, Honorable and Mrs. Wayne; congratulate ..._..__-.__.817 HR 93 --Wells, Honorable Warner D.; commend __.__,,_____.__.___...__...._. ..818 HR 94 --Jordan, Honorable J. E.; commend _______________________--__--...819 HR 95 --Honorable Wilson Wilkes and Honorable Render Hill;
commend ______..... _.........__.___..___.__.__..._____.___.__...._...__._..____.__ 820, 842 HR 96 --Ponsell, Honorable William King; commend ..._______________... 821 HR 97 --Whitener, Mrs. W. L.; sympathy for passing of ._..............._._____ 822 HR 98 --Lindsey, Honorable William R.; welcome _________________......._...824 HR 99 --Meeks, Honorable William T.; commend __.._..________._____.__...... 824 HR 100 --Dicus, Honorable Harry; commend __._..._.__. ._.....__._.______.._...... 825 HR 101 --Warren, Honorable James E.; commend ________________......_._.,,--_ 826
HR 102 --Derrick, Dr. John R.; commend __________ _________.-.......____.__________-_.. 826
HR 103 --English, Master Dickie; commend .--...-......._____------__.._____.836
HR 104 --Fayette County High School and Coach Jim Alley; commend 873
HR 105 --Conger, Honorable J. Willis; commend _..___........_.___.____________...874

1206

INDEX

HR 106 --Payton, Honorable Henry N.; commend ________ ..... 875 HR 107 --Read, Frances; commend -__-..____________________________ 875 HR 108 --Federal Courts; limit jurisdiction in certain places _______ 878 HR 109 --Tucker, Honorable M. King; commend ___________________________________ 877 HR 110 --House of Representatives; amend Rules of House __._.__...915, 1049 HR 111 --Gillis, Honorable Jim; commend ...__...____._____...__________.._________________ 916 HR 112 --Scarborough Honorable John, Jr.; commend _____ ______________ 917 HR 113 --Sewell, Honnorable J. W.; commend ...... ____________________ 918 HR 114 --Echols, Honorable Talmage; commend ________ _____.._.._____._ _________ 919 HR 115 --Poverty; include certain areas in war on poverty ___......__ _920, 1090 HR 116 --Bates, Miss Sandi; commend ________.____________...,_________...,,___ 921 HR 117 --Sanders; Governor Carl E.; Senators Russell and Talmadge;
commend ___________________ _..___.________________________________________________________ 922 HR 118 --Wallace, Governor George C.; commend .___._.._.___,,--...--________.__.924 HR 119 --House of Representatives; mileage allowance, certain
personnel _____ _ ... .--.....-.,,-..-....____..........._......._..__...-.____________________ 925 HR 120-80 --House of Representatives; manner of electing members;
amendment to the Constitution ____._._____... _______________ _____951, 1026 HR 121 --Griffin, Honorable Cheney; commend _____________________ 953 HR 122 --Morgan, Honorable Jack; commend __________________ ________________ 955 HR 123 --Harris, Rev. Charles J.; sympathy for passing of ____________ 955 HR 124 --Wilson, Honorable Joe M.; commend .._......___._..........._____________..__ 956 HR 125 --Federal Courts; limit jurisdiction in certain
cases _____ .... .................. _____...___._____. 957, 1034, 1036 HR 126 --Clarke, Honorable Harold G.; commend ...__._..._..__..-___________ 1034 HR 127 --Hiles, Honorable Ed; invite to address House ____________________ 1035 HR 128 --Capitol Grounds; expressing appreciation .......___.,,--____________.1040 HR 129 --Teague, Honorable William; commend _____________________ ..__._.. 1041 HR 130 --Okefenokee River; urge construction of bridge ___..___--_________1042 HR 131 --Georgia Sheriffs Boys Ranch; commend ______________________ 1044 HR 132 --Murphy, Honorable Rupert L.; recommend reappointment to
Interstate Commerce Commission ,,_______,,_________,,_,,____,,.._.. 1045 HR 133 --Towson, Honorable William; commend ________ _________________________ 1045 HR 134 --McClelland, Honorable Ralph; commend _______________________________ 1046 HR 135 --Bailey, Honorable G. W.; regret illness of .____,, 1047 HR 136 --Jordan, Honorable Willie; sympathy for passing of _______ 1048 HR 137 --Mclntire, Honorable Pope B.; commend _______...... ..._.........__1120, 1152 HR 138 --McDonald, Honorable Thomas J.; commend ________________ 1121 HR 139 --Wingfield, Mr. and Mrs. Middleton; commend _____________,,_...... 1122 HR 140 --Causby, Honorable Troy; commend _________________________________________ 1122 HR 141 --Apportionment; General Assembly and Congressional Districts;
urge ._________________----------------.-.__________----... 1125 HR 142 --House of Representatives; commend all members, attaches,
etc. ,,________..___ ___________________________________________________________________________ 1126
HR 143 --Black, Patrolman R. M.; commend _.._______________________._______.._._.._.. 1126
HR 144 --Secretary of State; expressing appreciation _________________________ 1127
HR 145 --Clerk's Office; expressing appreciation ._____________________________1128
HR 146 --Campbell, Honorable Phil; commend ______..__.________._. 1128
HR 147 --Emory Glee Club; commend __..__._.,,._.._.__.____________.__._._____________1129

HR 148 HR 149 HR 150 HR 151 HR 152 HR 153 HR 154 HR 155 HR 156 HR 157 HR 158 HR 159

INDEX

1207

--Legislative Counsel; commend ----_____._.._______.__._________1130 --House of Representatives; stay-over resolution _______.1130 --Poverty; include certain areas in war on poverty ______..1131 --Lockheed-Georgia Company; commend __.________...1132 --Brooks, Honorable Wilson; commend ____--.________.1133 --Constitutional Revision Commission; commend ____...._...1134 --Apportionment; House of Representatives __--.______--1138 --Funk, Honorable Arthur J.; commend _________-_..--1134 --Poole, Honorable and Mrs. Will; congratulate ........____-1135 --General Assembly; Sine Die adjournment------1136, 1152, 1153 --DeKalb Junior and Vocational Schools; commend ___._1136 --Dean, Mrs. Ellen T.; commend .-------------__..._______.1137

INDEX

1209

Part IV

NUMERICAL TABULATION

SENATE BILLS IN HOUSE

SB 1 SB 2 SB 3 SB 4 SB 5 SB 6 SB 7 SB 8 SB 9 SB 10 SB 11 SB 12 SB 13 SB 14 SB 15 SB 16 SB 17

--Georgia Election Code; create ..--..-471, 536, 570, 585, 593, 827

832, 890, 953, 1024, 1040, 1054, 1071, 1088

--Seminole County; compensation of Tax

Commissioner ...._._..,,....--------------__----.__._ __._67, 75, 245, 247

--Wills and Codicils; provide for number of

witnesses ._.._----..-__..._.__,,..._..-.----__...___.._..--.. 67, 75, 291, 385

--Hospital Authorities Law; extend time revenue certificates

may be issued .-_..................._..----_____.._.__,,_.__.__._______67, 75, 174, 207

--Georgia Health Code; amend Section 1 relating to Hospital

Authorities Law ........__----.--------------__--------_ 67, 75, 174, 209

--Cobb County; membership of Board of Commissioners of

Roads and Revenues -- --....----.._..--------..--

67, 75

--Coweta Judicial Circuit; compensation of Assistant

Solicitor General _________.___.._.__......_ ........ ........ .............. ... 205, 245

--Atlanta, City of; vacancies of Board

of Aldermen _______ _____ _______ 291, 316, 380, 629

--Berrien County; Board of Commissioners of Roads and Revenues;

compensation

-__.._.__-----_.._..-__..._....__ 292, 316, 380

--Alpharetta, City of; change corporate

limits ..._.._.._..__-.

292, 316, 380, 629

--Roswell, City of; change corporate

limits ..-.-..---------------_--------292, 316, 380, 630

--Fulton County; relating to retirement

benefits ______________________ __------_------292, 317, 380, 630, 844

--Lookout Mountain Judicial Circuit; provide for

additional judge...------------._.----.._._....___ 416, 472, 536, 666, 828

--Atlanta-Fulton County Recreation Authority; appointment of

members' successors ___-.......------______________597, 600, 627, 836, 839

--Winder, City of; election of mayor ---- 597, 600, 628, 1051, 1090

--Cobb County; create Board of Commissioners of Roads

and Revenues .__._._------ ..........666, 667, 705

--Atlanta, City of; tax on spiritous, vinous or

malt liquors ........-.--.-..._.----.--844, 867, 871, 913, 925, 952

INDEX

1211

Part V

NUMERICAL TABULATION

SR 1 SR 12
SR 34 SR 43

SENATE RESOLUTIONS IN HOUSE
--Senate, Notify the House that Senate has convened ___________________ 13 --Cobb County; maintenance of sidewalks; amendment to the
Constitution ______________________________________________ __416, 417, 470, 836 --Phillips, Honorable J. Taylor; commend ____,,_,,_.________...598, 645 --Federal Courts; request Congressional Delegation to limit
jurisdiction __________________________ .._...._ ,, ___.._________1040, 1049