Acts of the General Assembly of the State of Georgia Georgia Law, Georgia Georgia. Acts and resolutions of the General Assembly of the State of Georgia 19430000 English
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ACTS AND RESOLUTIONS OF THE SPECIAL SESSION OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA 1943 19430000 COMPILED AND PUBLISHED BY AUTHORITY OF THE STATE
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STATE DEPARTMENT OF CORRECTIONS No. 2 An Act to create a State Department of Corrections, Director of Corrections and Commission of Corrections; to fix duties, powers and authorities thereof; to provide compensation, tenure and method of appointment; to authorize and direct certain penal reforms; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. There is created a State Department of Corrections, the office of Director of Corrections, and a Commission of Corrections. Section 2. The Department of Corrections shall be under the exclusive control of the Director and all the duties, powers, and rights heretofore imposed by law upon the State Board of Prisons be and the same are hereby transferred and delegated to the Director of Corrections. Section 3. The Director of Corrections shall be appointed by the Governor. His tenure shall be at the pleasure of the Governor and his compensation shall be fixed by the Governor at a sum not to exceed seven Thousand ($7,000.00) Dollars per annum. Section 4. The Director of Corrections shall institute immediately a program of wise, humane and intelligent prison administration which will have for its underlying purpose the rehabilitation and reclamation of the inmates and the making of the correctional institutions as self-supporting as possible. Section 5. The Director of Corrections is hereby delegated complete and absolute authority in as full and complete a manner as is necessary to make all rules, regulations and orders which will effectuate a modern program of progressive penal administration in this State. Section 6. The Director of Corrections is authorized, empowered and directed to promulgate and issue rules, regulations, provisions and procedures which may be deemed helpful in the establishment of a wise, intelligent and humane prison system. The Director of Corrections is authorized and directed to institute, among other reforms, the following: (1) All shackles, manicles, picks, leg irons and chains shall be immediately removed from every inmate within the State correctional system. (2) Whipping of inmates shall be prohibited.
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(3) The wearing of stripes shall be required only as punishment for violation of prison rules and regulations, provided, however, that in those counties where stripes have been worn by prisoners in the past, the authorities can continue the practice of the wearing of stripes by prisoners for a period of time not later than June 1, 1944. (4) State Highway Road Camps shall be abolished as soon as practical. (4a) County camps shall not be abolished provided they meet the minimum requirements of the rules and regulations promulgated by the Director of Corrections. Each county maintaining a county camp shall receive their quota of convicts as now provided by law and shall have the preference of prisoners sent up from such county in making up such quota provided the said prisoners are not needed to operate the State Prison. (5) Women inmates of the correctional system shall be removed from proximity to the men's prison. (6) Central receiving stations for prisoners sentenced to the penitentiary shall be provided and established. All transportation expenses of prisoners to and from such receiving stations shall be paid by the State. (7) A program of rehabilitation shall be instituted, which said program shall include industrial, mechanical, agricultural and vocational training. This subsection shall not apply to county camps. (8) Industrial equipment shall be installed and utilized for the purpose of providing equipment and supplies to the State but the theory of prison work shall be based on occupational and vocational training and not on business conducted for profit or in competition with private enterprise and free labor. The provisions of this subsection shall not apply to county camps. (9) Juveniles, first offenders and youthful offenders shall be carefully separated from inmates who are hardened in their vicious ways. (10) Standard qualifications for wardens, guards and correctional officials shall be established. The various wardens, guards, and other employees in county correctional institutions coming under the provisions of this act shall be chosen by the proper county officials, subject to the approval of the Director of Corrections, and the salaries of all such employees shall be fixed by the proper county authorities. (11) Opportunity for religious activities shall be afforded to such inmates of the institutions as may desire them.
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(11a) Opportunity for reasonable educational and recreational activities, where practical, shall be afforded to such inmates of the institutions as may desire them, the expense in connection with these activities to be borne by the State. (12) The Director of Corrections shall formulate rules and regulations providing for good time and earned time allowance in addition to that now provided by law, the same to be awarded to exemplary prisoners. The State Board of Pardons and Paroles shall respect the uniform regulations and rules of the Director in computing the time served by inmates of the institutions and shall cooperate in extending parole and clemency to such as are subject to special consideration thereby. (13) A system shall be instituted whereby honor prisoners may earn a small per diem for their work not to exceed 10c per day. (14) Special privileges shall be authorized for inmates who become exemplary prisoners. Incorrigibles shall be qualified as such and dealt with in accordance with rules and regulations established by the Director dealing with such type inmate; provided, further, that incorrigible prisoners in county camps shall be returned to the State at the request of the proper county authorities. (15) Punishment for infraction of correctional rules and regulations shall be limited to isolation and simplified and restricted diet; provided, however, that the Director shall provide uniform standards dealing with such humane punishments. (16) Inmates infected by disease shall be segregated, hospitalized and treated. (17) Uniform rules relating to adequate and proper food for inmates of correctional institutions shall be provided. (18) Uniform standards and rules shall be promulgated relating to hours of labor, sanitation, cleanliness, clothing and apparel of inmates. Section 7. The Supervisor of Purchases and all Departments of the State Government shall purchase from the Department of Corrections such supplies and materials as may be produced by said Department. The use of free labor in the production and manufacture of such supplies and materials shall be limited to supervision only.
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Section 8. The Director of Corrections shall furnish the transportation, clothing, cash, etc. to discharged inmates heretofore required to be furnished by the State Board of Pardons and Paroles and the counties. Section 8a. The Director of Corrections shall make a detailed report to the General Assembly of Georgia at each session of his actions and the disbursement of all funds handled by the Department of Corrections. Section 9. The Commission of Corrections shall be comprised of the present members of the State Board of Prisons who are hereby designated members of, and shall automatically become and comprise, the Commission of Corrections and until January 1, 1944, at the same salary each now receives, and in lieu of his salary as a member of the State Board of Prisons. The duties of the Commission of Corrections shall be advisory to the Director of Corrections. The Commissioners of Corrections shall carry out all orders, instructions and directions of the Director and shall cooperate with him at all times in effectuating a co-ordinated program of wise and intelligent prison administration. Section 10. The tenure of said Commissioners of Corrections herein provided for shall expire on December 31, 1943, and no successors shall be appointed. Section 11. All laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved October 6, 1943. STATE BOARD OF PRISONSACT REPEALED No. 1 An Act to repeal the Act of the General Assembly creating the State Board of Prisons (Ga. Laws 1943 pp. 210-212); to abolish the State Board of Prisons; to abolish the offices of all members of the present State Board of Prisons to which they or any of them may have been elected for a current term by whatever name their office antecedent to the creation of the State Board of Prisons may have been designated; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA Section 1. The Act of the General Assembly of Georgia approved February 2, 1943 creating and establishing the State Board of Prisons
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(Ga. Laws 1943, pp. 210-212) be, and the same is, hereby repealed in its entirety, and the State Board of Prisons is hereby abolished. Section 2. The offices of all of the members of the present State Board of Prisons, to which they or any of them have been elected for a current term whether as members of the State Board of Prisons or any office antecedent thereto, by whatever name designated, are hereby abolished. Section 3. All laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved October 6, 1943. PRISON INVESTIGATION EXPENSE No. 2 A RESOLUTION WHEREAS, The Honorable Frank Gross, President of the Senate and the Honorable Roy Harris, Speaker of the House of Representatives did, at the request of the Governor, make a careful survey of the prisons of Georgia and of surrounding Southern States for the purpose of determining what reforms could be instigated in the State of Georgia's prisons, and WHEREAS, These officials of the General Assembly of Georgia performed yeoman service and gathered information and made recommendations that are and will be of incalculable value to the proper administration of our prison system, and WHEREAS, These gentlemen have personally borne certain expenses in connection with these trips and for which they have refused to request reimbursement it is therefore RESOLVED, By the House of Representatives and the Senate concurring, that the Honorable Frank Gross and the Honorable Roy Harris are hereby directed to present their bills for per diem and expenses to the State Auditor for payment and the State Auditor is hereby authorized to pay such expense and bills from such funds as there is appropriated for the expense of the General Assembly. Approved October 6, 1943.
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COMMENDING PENITENTIARY COMMITTEES No. 1 A RESOLUTION WHEREAS, The Penitentiary Committees of the Senate and the House carrying out one of its functions as a Committee, and further in compliance with the urgent request of the Governor, have performed a most valuable service to the State by making a thorough investigation of the penal institutions in the State, and WHEREAS, The General Assembly and the people of the State have had the benefit of a study of the penal system of other southern states by the Honorable Frank Gross, President of the Senate, and the Honorable Roy V. Harris, Speaker of the House of Representatives, their report to the Governor being of great help to the members of the General Assembly through the information obtained from such study and the recommendations made by them in their report, and WHEREAS, said investigation has brought to light and laid bare the unwholesome and repulsive conditions existing in the state prisons and in some of the public work camps, and WHEREAS, the members serving on such Committees have traveled into every county in the State in order that this complete investigation and the report of their findings could be made, NOW, THEREFORE, BE IT RESOLVED by the Senate, the House concurring, that the General Assembly express to such Committees, together with each member of the same and to the Honorable Frank Gross, President of the Senate, and Honorable Roy V. Harris, Speaker of the House of Representatives, their sincere appreciation for their effective and faithful public service in making such investigation and study. BE IT FURTHER RESOLVED, by the Senate, the House concurring, that we commend each member of these Committees and the Honorable Frank Gross, President of the Senate, and Honorable Roy V. Harris, Speaker of the House of Representatives, for their complete and thorough study that they made of the penal institutions of this State together with the other southern states. Approved October 6, 1943.
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JOURNAL OF THE SENATE OF THE STATE OF GEORGIA AT THE EXTRAORDINARY SESSION OF THE GENERAL ASSEMBLY Commenced at ATLANTA, MONDAY, SEPTEMBER 27, 1943 BOWEN PRESS Decatur, Ga.
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OFFICERS OF THE STATE SENATE EXTRAORDINARY SESSION 1943 FRANK C. GROSS, 31ST DISTRICT President STEPHENS COUNTY DAVID S. ATKINSON, 1ST DISTRICT President Pro Tem. CHATHAM COUNTY MRS. HENRY W. NEVIN Secretary WHITFIELD COUNTY LAMONT SMITH Assistant Secretary TATTNALL COUNTY ROBERT L. PATTEN II Message Clerk LANIER COUNTY REV. M. F. WALDEN Chaplain HABERSHAM COUNTY SID WILLIAMS Messenger MERIWETHER COUNTY A. PERRY GRIFFIN Doorkeeper DEKALB COUNTY
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MONDAY, SEPTEMBER 27, 1943 Senate Chamber, Atlanta, Georgia. Monday, September 27, 1943. The Senate met in extraordinary session at 10:00 o'clock A. M. and was called to order by the President, Honorable Frank Gross. Prayer was offered by the Chaplain, Rev. M. F. Walden. The roll was called and the following senators answered to their names: Ansley Arnall Arnold Atkinson Bacon Bloodworth, 22nd Bloodworth, 23rd Brock Clements Cooper Dantzler Dean Ennis Estes Forrester Foster Fowler Griner Hall Hampton Hollis Ingram Jones Kaigler Kennedy Kennon Kimbrough Lovett Martin Millican Moore Newton Oden Peterson Pittman Pope Preston Raynor Shannon Simmons Terrell Thigpen Whitworth, 30th Whitworth, 38th Williams Mr. President The following senators do not answer to their names: Boyett Byrd Eubank Harrison Lester Stark The following proclamation of His Excellency, the Governor, was read by the assistant Secretary. A PROCLAMATION CONVENING THE GENERAL ASSEMBLY OF GEORGIA IN EXTRAORDINARY SESSION WHEREAS, Under the laws of Georgia it is declared to be the duty of the State Board of Prisons to have complete management and control of the State convicts; that they shall regulate the hours of their labor, the manner and extent of their punishment, the variety and quantity of their food, the kind and character of their clothing; and shall make such other rules and regulations as will assure their safekeeping and proper care; and WHEREAS, There has been filed with me a report of the Penitentiary Committee of the Georgia State Senate, in which it is set forth: We find that the food is totally inadequate to the needs of human beings while performing hard labors, and many prisoners show by their faces that they are undernourished. We find a
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number of wardens who say that no rules have ever been issued by those in authority for methods of punishment or the general conduct at the highway camps. * * * We find a total absence of companionship and understanding between some of the officials and their prisoners. We find that some of the wardens and guards have the idea that the only way to control human beings confined to the chain gang is through inhumane and cruel methods of punishment; and WHEREAS, The Committee aforesaid recommends many reforms, and concludes with the recommendation that unless the State Board of Prisons inaugurates such reforms, that I, as Governor, take such steps as may be necessary to carry out the recommendations made; and WHEREAS, A report of the Penitentiary Committee of the Georgia House of Representatives has been filed with me in which it is set forth: We find much evidence of cruel and inhuman treatment of prisoners. * * * We find in many instances that such treatment of prisoners has definitely proven injurious to the prisoners' health and is certainly not conducive to the purpose of rehabilitation; and WHEREAS, The committee aforesaid recommended many reforms and states: * * * after careful and studied analysis * * * based on our investigation, we believe the first difficulty in connection with the administration of penal affairs in the State is the result of an almost complete lack of intelligent direction, therefore, our studied conclusions in the matter are that there should first be appointed a competent Director of penal affairs with power to act, and that such Director should have full and complete control of Tattnall Prison and all State prisons; and WHEREAS, The committee aforesaid concludes its recommendations in the following language: We further recommend that the Governor, in his discretion, take such steps as are deemed necessary in order to bring about the correction of the present system, keeping in mind the recommendations of this committee; and WHEREAS, The Honorable Frank Gross, President of the Georgia State Senate, and the Honorable Roy V. Harris, Speaker of the House of Representatives of the State of Georgia, have filed with me a full and complete report of prison conditions in this State, and have compared conditions in this State with those of other States, and have recommended to me that the State Board of Prisons be abolished, that the office of Director of the Department of Corrections be created, and that a Director be named who will aid instead of hindering the rehabilitation of fallen mankind, and who will at the same time inaugurate a plan and policy of making the State's penal institutions self-supporting; and WHEREAS, For many years the State of Georgia has maintained and operated a primitive, inhumane, cruel and archaic prison system, and by reason thereof the State of Georgia has received much criticism and adverse publicity, for the maintenance of such a prison system; and WHEREAS, There is a compelling need and opportunity for a genuine public service in the rehabilitation of those convicted of crime in the establishment of a progressive, economical, modern and humane prison system in this State; NOW, THEREFORE, Pursuant to the recommendation of the Honorable Frank Gross, President of the State Senate, and the Honorable Roy V. Harris, Speaker of the Georgia House of Representatives, and the recommendation of the
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Penitentiary Committees of the Georgia State Senate and the House of Representatives, and under and by virtue of the power and authority conferred upon me by the Constitution of this State, as set forth in Article V, Section I, Paragraph XIII, I, Ellis G. Arnall, Governor of Georgia, do hereby convoke and call a meeting of the General Assembly of this State in Extraordinary Session at 10 o'clock A. M., Central War Time, on Monday, September 27, 1943, for the purpose of considering and enacting laws and resolutions, by revision, repeal, amendment or otherwise, relating to the following objectives, which are considered by me, as Chief Executive of this State, to be of sufficient importance to demand the necessity for such Extraordinary Session of the General Assembly of Georgia, to wit: (1) Legislation abolishing the State Board of Prisons and creating a Department, Board, and office of Director of Corrections and defining the terms, appointments, powers, duties and authority thereof. (2) Legislation effectuating prison reforms. Given under my hand and the Great Seal of the State of Georgia, at the City of Atlanta, on this the 25th day of September, Year of Our Lord One Thousand Nine Hundred Forty-Three. ELLIS ARNALL Governor By the Governor. JOHN B. WILSON Secretary of State The next order of business was the election of a Secretary to succeed the late Henry W. Nevin. Senator Shannon of the 21st placed in nomination the name of Mrs. Henry W. Nevin, widow of the former Secretary. Senators Dean of the 34th and Terrell of the 19th seconded the nomination. Senator Atkinson of the 1st asked unanimous consent that the assistant secretary be directed to cast the vote of the entire senate for Mrs. Nevin and the consent was granted. The President directed the assistant secretary, Lamont Smith, to cast the vote of the entire senate for Mrs. Nevin and the President announced Mrs. Nevin duly elected. The President appointed the following Senators as a committee to escort Mrs. Nevin to the Secretary's desk: Senators Shannon of the 21st, Dean of the 34th and Brock of the 37th. The newly elected secretary, Mrs. Nevin, briefly addressed the Senate. The following message was received from the House through Mr. McCutchen, the Clerk thereof: Mr. President: I am instructed by the House to notify the Senate that the House has convened in extraordinary session and is ready for the transaction of business.
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The following resolution was read and adopted: SR 1. By Senator Atkinson of the 1st: A resolution that the Secretary of the Senate notify the Clerk of the House that the Senate has convened in extraordinary session and has elected Mrs. Henry W. Nevin as their Secretary and is ready for the transaction of business. The following message was received from the House through Mr. McCutchen, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following resolutions of the House to wit: HR 2. By Mr. Durden of Dougherty: A Resolution providing for the appointment of a Committee of five, two to be named by the President of the Senate, and three by the Speaker of the House to notify His Excellency, the Governor, that the General Assembly has convened in Extraordinary Session in compliance with his Proclamation and is ready for the transaction of business, and the Speaker has appointed on the part of the House the following members to wit: Messrs. Grayson of Chatham, McCamy of Whitfield, and Ennis of Baldwin. HR 3. By Mr. Durden of Dougherty: A Resolution providing for the appointment of a Legislative Committee to escort the Governor to the Joint Session of the General Assembly. The Speaker has appointed on the part of the House the following members to wit: Messrs. Broome of DeKalb, Wells of Ben Hill, Baker of Floyd. The following resolutions of the House were read and adopted: HR 2. By Mr. Durden of Dougherty: A resolution providing for the appointment of a committee of five from the House to be appointed by the Speaker and two from the Senate to be appointed by the President to notify His Excellency, the Governor, that the General Assembly has convened in extraordinary session in compliance with his proclamation and is ready for the transaction of business. The President appointed on the part of the Senate Senators Millican of the 52nd, Ingram of the 51st. HR 3. By Mr. Durden of Dougherty: A resolution providing for the appointment of a committee to escort His Excellency, the Governor, to the joint session of the General Assembly.
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The President appointed on the part of the Senate Senators Kennedy of the 2nd, Forrester of the 44th. At this time the President and Secretary, accompanied by the Senators, repaired to the hall of the House of Representatives to hear an address from His Excellency, Governor Ellis Arnall. The joint session was called to order by Senate President Frank Gross. The resolution convening the joint session was read by the secretary. The following address was delivered by the Governor: MR. PRESIDENT, MR. SPEAKER, AND MEMBERS OF THE GENERAL ASSEMBLY: Georgia has a pressing problem. The problem is that of its penal system, which has caused for many years much worry to our citizens and to the State Government and which ras resulted in widespread criticism of Georgia throughout the nation. I do not doubt that much of the criticism has been nothing more than sensationalism; but however exaggerated some statements have been, the fact remains that all Georgians know that the penal system is punitive in purpose, archaic in method and unnecessarily costly to our taxpayers. Three reports have been placed in my hands upon the Georgia penal system. One is by Senate committee, one by the House committee and one by the presiding officers of these two bodies. These reports, while treating different phases of the penal system, agree completely in one thing: that reformation and reorganization is necessary. I am profoundly grateful to the Senate and House committees and to the presiding officers for their diligent and searching inquiries, and I believe that the citizens of our State are grateful to them for revealing these conditions. In a democracy, there is but one way to proceed with such reforms. That method is the method prescribed by the constitution and laws of the State. An usurpation of power is no less an invasion of the rights of the citizens because the Executive believes sincerely that it is in the interest of the commonwealth. Well-intentioned tyranny is not less tyrannical because of the sincerity of the tyrant. Accordingly, upon receiving the three reports from representatives of the legislative branch of our government and after studying them with very great care, I consulted with three elective officials, who, under our present law, are charged with administration of the penal system of Georgia. In addition, after preparing an outline of the reforms that appeared most imperative, I consulted with the Attorney General, representing the judicial branch of our government, and obtained from him his opinion. The members of the State Board of Prisons were most cooperative in their attitude. They acknowledged readily that conditions in our penal system were unsatisfactory. They agreed with me upon the reforms that were needed most urgently.
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However, these reforms could not be made under the existing laws of Georgia, because the most urgently needed reform, that providing for centralized direction and coordinatiaon of the penal system, could not be delegated by the Board. This ruling, by the Attorney General, following the established judicial precedents, left but two alternatives. Either the Governor of Georgia would have to proceed, by Executive Order, in a manner I do not deem compatible with constitutional practices, or the Legislature would have to be called into session to consider the problem, to debate it, and to enact some measure dealing with it. Therefore, deeply as I regret the inconvenience imposed upon the members in asking you to assemble on short notice at this season of the year, I issued a call for an extraordinary session of the General Assembly of Georgia, so that the legislative representatives of the people of this State may hear the reports of the committees from the Senate and House and act upon the need of Georgia for a correctional system adapted to our great State. If we are to preserve our democratic principles of representative government, if we are to give to the world a demonstration that our democratic institutions are as virile today as when this republic was founded, it is essential that consideration of grave questions of policy, involving the responsibilities of elective officials, involving the lives and liberties of citizens of this State, and involving the large investment of the State and its subdivisions in the physical assets of the penal system, should be referred to the chosen representatives of the people of Georgia. I recognize that there will be a few professional politicians who will seek to make political capital out of my summonsing of the Assembly into extraordinary session and who will assert that the cost of this session is needless. In my judgment, these reforms are urgent. In my judgment, the only lawful manner in which these reforms can be obtained is through calling the legislators to convene. In my judgment, the cost of the session is not a considerable item in Georgia's total budget, but if it were a substantial item, I would feel that the Assembly should be called, for human rights and human needs are above budgets and the obligation to protect citizens of the State and their rights has precedence over saving a sum of money. The function of a prison system is to rehabilitate and train those whose conduct has marked them as dangerous to society. It should be the aim of a good penal institution to cause the prisoners to become useful, self-sustaining, fully employed, law-abiding citizens of our Sttae, able to take their places among their fellows. A prison, of course, is not a vacation resort, nor should harmony within its walls be obtained by breaking down discipline. Firmness is necessary, but brutality is no substitute for firmness, and merciless severity is less effective than humane consideration in dealing with any man or woman. Manifestly, such a humane system, such as is required by the Bill of Rights of our State and Federal constitutions, is not being practiced when prisoners are beaten and starved and manacled and chained. The lash, the sweat-box, the stocks, the leg-picks, the ball and chain, the shacklethese are not the means by which men can be brought to an understanding of society's solicitude for them. I am somewhat
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skeptical about applying a horsewhip to a fourteen-year-old boy as a method of making him love his fellow-man and practice the Golden Rule. Much of the crime in Georgia is caused by vocational ineptitude. The boy who has no trade, who does no job well, is very likely to get into trouble. It seems to me that it would be not only practicing Christian humanity but practicing realistic economy to teach such a boy to be a useful, self-supporting citizen than to make him into a confirmed criminal, hardened of heart, full of malice against mankind, possessed of the fury of a mad dog against his fellows, waiting only to kill or to be killed. Let me cite you the Senate committee's report upon the conditions at one of the State camps: We find acts of cruelty at this camp in the whipping and beating of prisoners. As for example, the assistant warden admitted that an ignorant white boy was sent a pair of pajamas by his poverty-stricken relatives and on the night after receiving them he put these pajamas on to sleep in them, when it was a rule that they should sleep in prison night gowns. The assistant warden learning that the prisoner was wearing the simple article sent him by his family took him out of bed and gave him a whipping. This exemplifies the kind of reasons and excuses found by some of the officials for whipping prisoners in Georgia. Let me cite you a short statement from the report of the House committee: We found much evidence of cruel and inhuman treatment of prisoners on the part of certain wardens and guards such as the use of picks or leg irons, the use of sweat-boxes, together with mistreatment of prisoners by so-called walking bosses who resort to the use of clubs, sticks and other brutal means of punishment. We found in many instances that such treatment of prisoners had definitely proven injurious to the prisoners' health and was certainly not conducive to the purpose of rehabilitation. Let me cite you a brief portion of the report made by President Frank Gross of the Senate and Speaker Roy Harris of the House, who, at my request and at their own expense, made a rapid but careful survey of the prisons of Georgia and of some of the other Southern states: In no other state did we find leg irons. In no other state did the prisoners complain of floggings and beatings. In no other state did we find the prisoners generally sullen, bad tempered and talking revolt. In Georgia alone we found no intelligent effort being made to rehabilitate the prisoners and to fit them to return to civil life. If the State does not make an intelligent effort to rehabilitate these men and women they will be criminals when they return to civil life and will finally wind up in the penitentiary again. These are the reports of the Senate and House committees and of the presiding officers of the General Assembly. These reports are available to you. You will find, as I did, that they are written in anything but a lurid manner, that they engage in no overemphasis of isolated examples, and that they are completely factual. I think you will find, as I did, that in their simple and matter-of-fact understatement they are powerful documents, stringent criticism of a condition that has become intolerable to the citizens of Georgia. I believe that you will desire that these conditions be corrected.
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A this very moment upon seven seas and six continents, American youths will go out to die for the cause of human rights, in a mortal struggle against barbarism, whose symbol is the concentration camp and the lash. Our institutions of punishment and correction must not be allowed to become an American equivalent of the Nazi concentration camp. I do not believe that these shameful conditions can be corrected by less than a complete reorganization of the penal system. There has been no true reform of that system since, almost a half century ago, Georgia ended the iniquitous sale of human beings under the guise of the lease system. It is the responsibility of the General Assembly to consider the needs of the correctional institutions and to formulate the kind of system that Georgia needs and that Georgians desire: a humane system of rehabilitation for these social misfits that will enable them to be restored to society as men and women, not wild beasts. In considering such a system, acting in accordance with the request of the Senate committee and of the House committee, both of which requested that the Governor take some action in the matter, I consulted with the able presiding officers of the General Assembly, with those trained in penology, with educators who knew the field of adult rehabilitation and with the members of the Prison Board. These are the basic recommendations that I have to make to the General Assembly for your consideration in development of legislation looking toward a solution of Georgia's prison problem. First, that the existing prison system be disestablished and, instead, a co-ordinated system, covering all prisoners in the State, be adopted, and that this new system have as its head a single executive official, clothed with adequate power to make and enforce proper rules and regulations. For convenience, I refer to that officer as the Director of Corrections, although, of course, the Assembly may see fit to provide some other official name. I have no selection of a Director of Corrections. It would be improper to do so before the Assembly enacts legislation, and it would be imprudent to make a choice before knowing the type of act the Assembly will adopt. I hope, after careful scrutiny of the ablest men available, to select the man best fitted for the difficult task to which he will be assigned. I believe that as wide discretionary power should be given to this official as is compatible with sound practice, and that the General Assembly, after laying down sufficiently broad rules governing the treatment of prisoners, should leave the development of administrative practices to this official. In the establishment of the department I do not recommend that the terms of office of the present Prison Board members be extinguished. It is quite probable that the General Assembly will desire that their services be retained in an advisory capacity. The members of the Board have cooperated very thoroughly in efforts to lay a foundation for a reformed and reorganized penal system, and I commend their attitude and appreciate their concurrence in these recommendations. But, even had their attitude been otherwise, it would not be appropriate nor in keeping with democratic traditions for me, as Governor of Georgia, to recommend to you that they be dismissed from posts to which they were elected by the people of our State.
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Their experience may well be utilized in effecting this reorganization, if the Assembly sees fit. Second, I recommend that the General Assembly provide certain standards governing the treatment of prisoners, by prohibiting whipping and the use of shackles, manacles, leg irons and picks; by providing for a central receiving station for all prisoners, so that they may be properly classified and assigned for work; by providing for segregation of juveniles and first offenders from habitual criminals, and permitting the Director of Corrections to transfer juveniles to other correctional or educational institutions; by providing for proper supervision by the Director of Corrections under administrative regulations that he may adopt, of the county camps and jails and other penal institutions of the State. In my judgment, in which the committees, the members of the Prison Board and President Gross and Speaker Harris concur, it would be desirable for the Director of Corrections to make provision for transfer of the women prisoners from Tattnall to another institution; for proper vocational training to be provided for all prisoners; for the manufacturing enterprises potential at Tattnall to be developed; for stripes to be eliminated, except as a disciplinary measure; for segregation of the mentally diseased and for treatment under proper hospital or clinical conditions of those ill of body. However, if sufficiently broad powers of administration are granted to the Director, these aspects of the reform can best be brought about in that way rather than through specific legislative enactment. It would be undesirable, I believe, to endeavor to freeze the pattern of our penal system, thereby inviting years from now a repetition of the very condition we now seek to end. Manifestly, the reformation of the penal system will require more than weeks. It will take months stretching into years to adapt other States' experience to meet our needs, to test techniques and methods, to indoctrinate personnel in the spirit of this new endeavor. Not every administrative policy will be perfect on first trial, and we must provide elasticity to meet changes in condition. The mistakes of forty years cannot be corrected overnight, and the growth of the Georgia penal system into one possessing every element desired by our people will require time and patience. I should like to return briefly for a discussion of some of the items that I have enumerated. The elimination of corporal punishment, of chains and picks and leg irons, appears to me to do no more than carry out the obvious intent of our State Bill of Rights, prohibiting cruel and unusual punishments. Obviously, if we are to segregate prisoners, we must establish some means of classifying them for segregation, and the Director of Corrections must be vested with authority to transfer juveniles from Tattnall to other institutions. Similarly, if we are to avoid bringing the entire penal system into disrepute through misdeeds of a few individual wardens, it will be necessary for the Director to have wide powers to regulate the conduct of county camps, jails and other institutions. No group in Georgia appreciates more fully the need for prison reform than the wardens and county officers. This was evident in their unanimous action at their last convention, calling for drastic revision in our penal methods. There are many
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excellent county camps and county penal systems in our State, with excellent and humane personnel, whose experience and sound viewpoint will make a valuable contribution in the readjustment of our system. In considering the reforms that we must adopt in Georgia, we may well profit by the experience of other States. President Gross and Speaker Harris, in their report, disclose what has been done elsewhere in the south, under conditions that are comparable with the conditions here in Georgia. They found, for one thing, that idleness was the cause of much trouble in our institutions, and that the best institutions were those in which all prisoners were kept busy at something useful. Men who are busy at something useful, who are well fed and well house and well clothed, do not break prison. The solution of escaped prisonersand escapes have been unusually frequent in Georgiais to provide useful employment and adequate, intelligent supervision. We hope, I am sure, to build a penal system that will reform and reclaim men. Men are not reformed either by repression or by cruelty or by doing useless work. Men in prison still have self-respect. The correctional system should foster that self-respect. It is to be fostered best, it is generally agreed, by giving them useful things to do, rather than something to supposedly keep them busy. It is believed that a suitable educational-industrial-agricultural system would be almost self-sustaining, which the existing system is not, and that, in addition, the prisoners would find their morale improved by knowing that they were actually contributing something to the society they had wronged, rather than being mere objects for society's revenge. It must be emphasized that there are two primary objectives in establishing prison industry: to provide work of a self-sustining nature for the prisoners and to train them for gainful employment when they are freed. The viewpoint of occupational education must be stressed above profit, and the system must not be permitted to deteriorate into one in which, for the sake of earning a surplus for the State, will compete with private industry and with free labor. In the past, in Georgia, there has been much stressing of the economic value of the work done by convict labor. Careful examination will disclose that there has been no gain for the State, there has been no gain for the counties, nor for society as a whole, in the system, and that, instead, it has been very costly in terms of money. The use of prisoners to do by hand what can be done infinitely more efficiently by machines is economic waste. But the economic side of the prison system need not be stressed unduly. Even if the chief function of the prison system were to make a profit, it is not performing that function: it operates at much greater cost than any comparable system elsewhere in the south. In addition, however, it functions to destroy lives, to wreck the future of men and women. When I was driving about Georgia in the summer of 1942, a friend pointed out to me a large tract of land. If ever land had been blighted and destroyed in value, robbed of its richness, that land had been. It was stripped of topsoil, so that the red clay was disclosed. It was gullied and washed, so that the few saplings growing upon it were twisted and warped. It grew no crops. It could hardly grow the hardiest
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and most persistent weed. That land was a relic, my friend told me, of the convict lease system. The man who had owned it died long ago. His estate vanished in litigation. Even the land was cursed by his misdeeds. That picture has been in my mind ever since. It is inescapable that if we destroy men, we destroy everything. These men in prison have committed wrongs against society. They have killed, and stolen, and cheated. They have brought upon themselves the disapproval of their fellow citizens. They have been taken into custody and tried in our courts and judged guilty for their misdeeds and sent away to be taught that they must live in decent harmony with their fellow men. It is the intent of our people, as it is the letter and the spirit of our State law, that when they have reformed, they shall be set free, that they shall walk abroad like other men, breathing the air of freedom as do other men. In the past we have denied them the treatment that any man must have. We have caged them like wild animals. We have let them thirst and hunger. We have beaten them. We have chained them. We have forged iron bands about their legs. We have denied them the very solace of the Christian religion, for when I took office as Governor of Georgia there was no full-time chaplain at the prison where more than a thousand Georgia men were expiating their crimes and seeking to be rebuilt into useful citizens. I know that we live in a practical day. We hear a great deal of talk about being practical, being efficient, doing what is wise and prudent. I think it is high time that we talked some once again about doing what is right. It is not right to shut a man like a mad dog in a cage and whip him with a rubber hose and work him as a brutal drayman might work a sick horse. And when I think of boys huddled with professional criminals obtaining no education and no religious instruction, I am disgusted and I know that you are; but when I think of menmen made in the image of the most high Goddying in prison without the consolation of a man of God at their side, I am heart-sick. These things must not continue in our State. It is necessary, for the good name of this commonwealth which James Edward Oglethorpe founded, taking for a motto the words: Not for ourselves but for others, that we provide a system of prisons that will effect the reformation of those who are sent there by the justice of our State. Because this necessity is pressing, I have asked the General Assembly to meet here to consider and discover a solution for our problem. In these days, democracy is being tested. Its enemies, at home and abroad, assert that it has lost its vitality, that it has lost the broad human sympathy that marked its onward march a hundred and fifty years ago, that it has even lost its capacity to act. Our prompt action to solve this problem will be one more proof that in Georgia, through the agencies of democratic government and through the methods provided in our constitution, we can make democratic government work.
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This General Assembly, as I have said many times before, is the best, I believe, in Georgia's long history. The measures that were written into law in your session in January received overwhelming approval at the hands of your fellow citizens, an adequate proof that they agree with me that this body has served well and truly is representative of the people of our State. In eliminating the evils of the prison system, which so long have been a reproach to Georgia in the eyes of the nation, the General Assembly, in my judgment, will have performed one more servicea service as great as that which liberated education from political interference. In your efforts to bring about reform of our prison system and to make it an instrument for rehabilitating the unfortunate, you will have not only the complete cooperation of every agency at the disposal of the Executive Department of the State, but you will have the undivided support and the lasting appreciation of the people of Georgia. Mr. Durden of Dougherty moved that the joint session be dissolved and the motion prevailed. The Senate resumed its regular order of business. Senator Atkinson of the 1st asked unanimous consent that when the Senate adjourn today it stand adjourned until 11:00 o'clock tomorrow morning and the consent was granted. The following bills of the Senate were read the first time and referred to committees: SB 1. By Senators Pittman of the 42nd, Forrester of the 44th, Foster of the 40th, Kennedy of the 2nd, Gross of the 31st, Atkinson of the 1st, Pope of the 7th and Kennon of the 6th: A bill to repeal the Act of the General Assembly creating the State Board of Prisons (Ga., Laws 1943, pages 210-212); to abolish the State Board of Prisons; and for other purposes. Referred to the Committee on Penitentiary. SB 2. By Senators Pittman of the 42nd, Forrester of the 44th, Foster of the 40th, Kennedy of the 2nd, Gross of the 31st, Atkinson of the 1st, Pope of the 7th, and Kennon of the 6th: A bill to create a State Department of Corrections, Director of Corrections, Commissioner of Corrections; to fix duties, powers and authorities thereof; to provide compensation, tenure and method of appointment; to authorize and direct certain penal reforms; to repeal conflicting laws; and for other purposes. Referred to Committee on Penitentiary. The President introduced to the Senate his sister, Mrs. Clark, and his niece, Miss Carolyn Smith. Senator Atkinson of the 1st moved that the Senate do now adjourn and the motion prevailed. The President announced the Senate adjourned until 11:00 o'clock tomorrow morning.
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Senate Chamber, Atlanta, Georgia. Tuesday, September 28, 1943. The Senate met, pursuant to adjournment, at 11:00 o'clock this morning, and was called to order by the president. Prayer was offered by Dr. E. C. Peters, President of Payne College, Augusta, Georgia. The roll was called and the following senators answered to their names: Ansley Arnall Atkinson Bacon Bloodworth, 22nd Bloodworth, 23rd Brock Byrd Clements Cooper Dantzler Dean Ennis Estes Eubanks Forrester Foster Fowler Griner Hall Harrison Hollis Jones Kaigler Kennedy Kennon Kimbrough Lester Lovett Martin Millican Moore Newton Oden Peterson Pittman Pope Raynor Shannon Simmons Terrell Thigpen Whitworth, 38th Williams Mr. President The following senators did not answer to their names: Arnold Boyett Hampton Ingram Preston Stark Whitworth, 30th Senator Dantzler of the 43rd, chairman of the Committee on Journals, reported that the journal of yesterday's proceedings has been examined and found correct. By unanimous consent the reading of the journal was dispensed with. Senator Atkinson of the 1st asked unanimous consent that the following be established as the order of business for the day: 1. Introduction of bills and resolutions. 2. Reports of standing committees. 3. Second reading of bills and resolutions favorably reported. Mr. Pittman of the 42nd District, Chairman of the Committee on Penitentiary, submitted the following report: Mr. President: Your Committee on Penitentiary have had under consideration the following bills and of the Senate and has instructed me as Chairman, to report the same back to the Senate with the following recommendations:
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SB 1. Do Pass. SB 2. Do Pass. Respectfully submitted, C. C. Pittman of the 42nd District, Chairman. The following bills, favorably reported by the committees, were read the second time: SB 1. By Senators Pittman of the 42nd, Forrester of the 44th, Foster of the 40th, Kennedy of the 2nd, Gross of the 31st, Atkinson of the 1st, Pope of the 7th, and Kennon of the 6th: A bill to repeal the Act of the General Assembly creating the State Board of Prisons (Ga., Laws 1943, pages 210-212); to abolish the State Board of Prisons; and for other purposes. SB 2. By Senators Pittman of the 42nd, Forrester of the 44th, Foster of the 40th, Kennedy of the 2nd, Gross of the 31st, Atkinson of the 1st, Pope of the 7th, and Kennon of the 6th: A bill to create a State Department of Corrections, Director of Corrections, Commission of Corrections; to fix duties, powers and authorities thereof; to provide compensation, tenure and method of appointment; to authorize and direct certain penal reforms; to repeal conflicting laws; and for other purposes. The following resolution was read and unanimously adopted: By Senators Ennis of the 20th, Brock of the 37th and Arnold of the 26th: A RESOLUTION WHEREAS, An All Wise Providence has come among us and seen fit to call to his final rest an official and friend of ours, and WHEREAS, the Senate and our State have suffered an irreparable loss in the untimely death of Honorable Henry W. Nevin, of Whitfield County, the Secretary of this body and one of Georgia's most useful and distinguished citizens, and WHEREAS, our deceased friend has served this body with distinction and honor from the age of nine, for a period of thirty-three years, beginning as page and coming through the ranks to the office of Secretary of this body, giving unstintingly of his time and talent to each member. THEREFORE, BE IT RESOLVED, that bowing in humble submission to the will of God, this Senate stands in silence in memory of a true and loyal friend. BE IT FURTHER RESOLVED, that this resolution be spread upon the journals of this body and that the assistant Secretary deliver a certified copy of same to his bereaved family. The Senate stood in silence in memory of the late Secretary of the Senate, Honorable Henry W. Nevin. Senator Millican of the 52nd moved that the Senate do now adjourn and the motion prevailed. The President announced the senate adjourned until 10:00 o'clock tomorrow morning.
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Senate Chamber, Atlanta, Georgia. Wednesday, September 29, 1943. The Senate met, pursuant to adjournment, at 10:00 o'clock this morning and was called to order by the president. Prayer was offered by the chaplain. By unanimous consent the call of the roll was dispensed with. Senator Dantzler of the 43rd reported that the journal of yesterday's proceedings had been examined and found correct. By unanimous consent, the reading of the journal was dispensed with, and the journal was confirmed. Senator Lester of the 18th asked unanimous consent that the following be established as the order of business for today: 1. Introduction of bill and resolutions. 2. First reading and reference of bills and resolutions. 3. Reports of standing committees. The consent was granted. The following resolution was read and adopted: SR 2. By Senators Lester of the 18th, Pope of the 7th, and Simmons of the 8th: A resolution commending the services performed by the Penitentiary Committees of the Senate and House. Senator Lester of the 18th asked unanimous consent that S. R. No. 2 be immediately transmitted to the House and the consent was granted. The following Bill of the Senate was read the third time and placed upon its passage: SB 1. By Senators Pittman of the 42nd, Forrester of the 44th, Foster of the 40th, Kennedy of the 2nd, Gross of the 31st, Atkinson of the 1st, Pope of the 7th, and Kennon of the 6th: A bill to create a State Department of Corrections, Director of Corrections, Commission of Corrections, to fix duties, powers and authorities thereof; to provide compensation, tenure and method of appointment; to authorize and direct certain penal reforms; to repeal conflicting laws; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill the ayes were 34, nays 4. The bill, having received the requisite constitutional majority, was passed. Senator Gross of the 31st asked unanimous consent that S. B. No. 1 be immediately transmitted to the House and the consent was granted. Mr. Harrison of the 17th District, Chairman of the Committee on Engrossing, submitted the following report:
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Mr. President: Your Committee on Engrossing has read and examined the following bill and/or resolution of the Senate and has instructed me as Chairman, to report the same back to the Senate as correct and ready for transmission to the House. Respectfully submitted, Walter Harrison of the 17th District, Chairman. Senator Millican of the 52nd moved that the Senate recess at this time until 4:00 o'clock this afternoon and the motion prevailed. The President announced that the Senate recess until 4:00 o'clock this afternoon. The Senate resumed the regular order of business at 4:00 o'clock. The following message was received from the House through Mr. McCutchen, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following bill of the House to wit: HB 2. By Messrs. Harris of Richmond, Durden of Dougherty and others. A bill to be entitled an Act to create a State Department of Corrections and Director of Corrections; to fix duties, powers and authorities thereof; to provide compensation, tenure and method of appointment; to authorize and direct certain penal reforms; to repeal conflicting laws; and for other purposes. The following bill of the House was read the first time and referred to the committee: HB 2. By Messrs. Harris of Richmond, Durden of Dougherty and others. A bill to be entitled an Act to create a State Department of Corrections, Director of Corrections, to fix duties, powers and authorities thereof; to provide compensation; tenure and method of appointment; to authorize and direct certain penal reforms; to repeal conflicting laws; and for other purposes. Referred to the Committee on Penitentiary. Senator Gross of the 31st asked unanimous consent that when the Senate adjourn today it stand adjourned until 12:00 o'clock noon tomorrow and the consent was granted. Senator Lester of the 18th moved that the Senate do now adjourn and the motion prevailed. The President announced the Senate adjourned until 12:00 o'clock noon tomorrow.
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Senate Chamber, Atlanta, Georgia. Thursday, September 30, 1943. The Senate met, pursuant to adjournment, at 12:00 o'clock noon and was called to order by the President. Prayer was offered by the chaplain. By unanimous consent the call of the roll was dispensed with. Senator Dantzler of the 43rd reported that the journal of yesterday's proceedings had been examined and found correct. By unanimous consent, the reading of the journal was dispensed with, and the journal was confirmed. Senator Atkinson of the 1st asked unanimous consent that the following be established as the order of business for today: 1. Introduction of bills and resolutions. 2. First reading and reference of bills and resolutions. 3. Reports of standing committees. The consent was granted. Mr. Pittman of the 42nd District, Chairman of the Committee on Penitentiary, submitted the following report: Mr. President: Your Committee on Penitentiary have had under consideration the following bill of the House and has instructed me as Chairman, to report the same back to the Senate with the following recommendations: HB 2. Do Pass as Amended. Respectfully submitted, Claude C. Pittman of the 42nd District, Chairman. The following bill of the House, favorably reported by the committee, was read the second time: HB 2. By Messrs. Harris of Richmond, Durden of Dougherty and others. A bill to be entitled an Act to create a State Department of Corrections, Director of Corrections, to fix duties, powers and authorities thereof; to provide compensation; tenure and method of appointment; to authorize and direct certain penal reforms; to repeal conflicting laws; and for other purposes. The President introduced to the Senate Lieutenant Alpha Fowler, Jr., son of Senator Fowler of the 39th. The President recognized in the gallery Mrs. Carr Johnston's class from Decatur Boys High School.
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Senator Atkinson of the 1st asked unanimous consent that the following be established for the remainder of the extraordinary session: The Committee on Rules recommends the following on Decorum and Debate: Be it resolved, that during the remainder of this special session all individual speeches on bills and resolutions shall be limited to thirty minutes unless extended by a majority of a quorum; and on all points of personal privilege shall be limited to ten minutes. The consent was granted. The following message was received from the House through Mr. McCutchen, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following resolution of the Senate to wit: SR 2. By Senators Lester of the 18th, Pope of the 7th, and Simmons of the 8th. A resolution commending the services performed by the Penitentiary Committees of the Senate and the House. Senator Atkinson of the 1st moved that the Senate do now adjourn until 9:00 o'clock tomorrow morning and the motion prevailed. The President announced the Senate adjourned until 9:00 o'clock tomorrow morning.
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FRIDAY, OCTOBER 1, 1943 Senate Chamber, Atlanta, Georgia. Friday, October 1st, 1943. The Senate met, pursuant to adjournment, at 9:00 o'clock this morning and was called to order by the President. Prayer was offered by the chaplain. The roll was called and the following senators answered to their names: Ansley Arnall Atkinson Bacon Bloodworth, 22nd Bloodworth, 23rd Brock Byrd Clements Cooper Dantzler Dean Ennis Estes Foster Forrester Griner Hall Harrison Jones Ingram Kennedy Kennon Lester Lovett Martin Millican Moore Newton Oden Pittman Pope Shannon Simmons Stark Terrell Whitworth, 30th Whitforth, 38th Williams Mr. President The following senators did not answer to their names: Arnold Boyett Eubank Fowler Hampton Hollis Kaigler Kimbrough Peterson Preston Raynor Thigpen Senator Dantzler of the 43rd reported that the journal of yesterday's proceedings had been examined and found correct. By unanimous consent, the reading of the journal was dispensed with and the journal was confirmed. Senator Gross of the 31st asked unanimous consent that the following be established as the order of business for today: 1. Introduction of bills and resolutions. 2. First reading and reference of bills and resolutions. 3. Reports of standing committees. 4. Placing on their passage House and Senate bills favorably reported. A privileged resolution by Senators Griner of the 45th and Shannon of the 21st granting the privilege of the floor to Honorable W. A. Sutton was read and adopted. The following resolution was taken up for consideration: SR 3. By Senators Shannon of the 21st, Peterson of the 15th and Jones of the 3rd. A resolution condemning the Atlanta Constitution for publishing a certain news report concerning Senator Lovett, September 29th, 1943. Referred to the Committee on State of the Republic.
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The following bill of the House was read the third time and placed upon its passage: HB 2. By Messrs. Harris of Richmond, Durden of Dougherty and others: A bill to be entitled an Act to create a State Department of Corrections, Director of Corrections, to fix duties, powers and authorities thereof; to provide compensation; tenure and method of appointment; to authorize and direct certain penal reforms; to repeal conflicting laws; and for other purposes. Senator Shannon of the 21st offered the following amendment: Amend H. B. No. 2 as follows: by inserting in the second line of the caption thereof immediately after the words Director of Corrections the words Commission of Corrections so that said caption when amended will read as follows: To be entitled an Act to create a State Department of Corrections and Director of Corrections, Commission of Corrections, to fix duties, powers, and authorities thereof, to provide compensation, tenure and method of appointment, to authorize and direct certain penal reforms, to repeal conflicting laws and for other purposes. And further moves to amend said House Bill No. 2 by adding to the same paragraphs to be designated as paragraph 4a and paragraph 4b as follows: Paragraph 4aThe Commission of Corrections shall be comprised of the present members of the State Board of Prisons, who are hereby designated members of and shall automatically become and comprise the Commission of Corrections from and after the effective date of this Act and shall continue to serve as members of said Commission of Corrections for the terms of office to which they have heretofore been elected by the people, at the same salary each now receives, and in lieu of his salary as a member of the State Board of Prisons. The duties of the Commission of Corrections shall be advisory to the Director of Corrections. The Commissioners of Corrections shall carry out all orders, instructions and directions of the Director and shall cooperate with him at all times in effectuating a coordinated program of wise and intelligent prison administration. Paragraph 4bAt the expiration of the terms of which they were last elected as members of the old Prison and Parole Commission the tenure of the said Commissioner of Corrections herein provided shall expire and the Governor shall appoint a suitable person to each office, after the original tenure has expired, said appointee and appointees to serve without compensation other than actual expenses and at the pleasure of the Governor. There shall be a chairman, a vice-chairman, and a secretary of the Commission of Corrections to be designated and appointed by the Governor. And moves further to amend Section 1 of said Act by inserting at the end of Section 1 the words, Commission of Corrections. On the adoption of the amendment the ayes were 6, nays 27, and the amendment was lost. Senator Bloodworth of the 22nd offered the following amendment:
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Amend H. B. No. 2 by adding thereto two new sections to be inserted between Sections 10 and 11 and to be known as Sections 11 and 12 and to change Section 11 to Section 13, said two new sections to read as follows: SECTION 11 The Commission of Corrections shall be comprised of the present members of the State Board of Prisons who are hereby designated members of, and shall automatically become and comprise the Commission of Corrections and until January 1, 1944, at the same salary each now receives, and in lieu of his salary as a member of the State Board of Prisons. The duties of the Commission of Corrections shall be advisory to the Director of Corrections. The Commissioners of Corrections shall carry out all orders, instructions and directions of the Director and shall cooperate with him at all times in effectuating a coordinated program of wise and intelligent prison administration. SECTION 12 The tenure of said Commissioner of Corrections herein provided for shall expire on December 31, 1943, and no successor shall be appointed. On the adoption of the amendment the ayes were 29, nays 4, and the amendment was adopted. Senator Bloodworth of the 22nd offered the following amendment: Amend H. B. 2 by adding at the end of Section 1 the words and a Commission of Corrections. By unanimous consent the amendment was adopted. Senator Simmons of the 8th offered the following amendment: Amend H. B. No. 2, Section 3, line 3, by striking the words and figures six thousand and inserting in lieu thereof the words and figures seven thousand. On the adoption of the amendment the ayes were 25, nays 13, and the amendment was adopted. Senator Stark of the 33rd offered the following amendment: Amend Section 3 of H. B. No. 2 by inserting after the word Governor in the first line of said section, the following: to be approved by the incoming Senate, and thereafter all such appointments to be approved by the Senate. Senator Gross of the 31st asked unanimous consent that the amendment be adopted. The consent was granted and the amendment was adopted. The Committee on Penitentiary offered the following amendment: Amend House Bill No. 2, Section 6, Paragraph 3, by adding after the word regulations the following: Provided, however, that in those counties where stripes have been worn by prisoners in the past, the authorities can continue the practice of the wearing of stripes by prisoners for a period of time not later than June 1, 1944.
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Senator Gross of the 31st asked unanimous consent that the amendment be adopted. The consent was granted and the amendment was adopted. The Committee on Penitentiary offered the following amendment: Amend H. B. No. 2 by striking therefrom subsection 4a of Section 6 and substituting in lieu thereof the following subsection 4a. County camps shall not be abolished provided they meet the minimum requirements of the rules and regulations promulgated by the Director of Corrections. Each county maintaining a county camp shall receive their quota of convicts as now provided by law and shall have the preference of prisoners sent up from such county in making up such quota provided the said prisoners are not needed to operate the State Prison. Senator Gross of the 31st asked unanimous consent that the amendment be adopted. The consent was granted and the amendment was adopted. Senator Jones of the 3rd offered the following amendment: Amend Section 6, Subsection 8, by adding at the end of this section just before the county camp proviso the following: that no supplies or equipment shall be purchased by the Director of Corrections after provisions have been made by the Director to manufacture such goods by his department for State use only. On the adoption of the amendment the ayes were 7, nays 23, and the amendment was lost. The Committee on Penitentiary offered the following amendment: Amend H. B. No. 2, Section 6, Paragraph 10, by adding a new sentence after the word established reading as follows: The various wardens, guards, and other employees in county correctional institutions coming under the provisions of this act shall be chosen by the proper county officials, subject to the approval of the Director of Corrections, and the salaries of such employees shall be fixed by the proper authorities. Senator Gross of the 31st asked unanimous consent that the amendment be adopted. The consent was granted and the amendment was adopted. The Committee on Penitentiary offered the following amendment: Amend H. B. No. 2, Section 6, Paragraph 11, by striking out the words educational and recreational in line one, and adding a new paragraph to be known as 11a as reading as follows: Opportunity for reasonable educational and recreational activities, where practical, shall be afforded to such inmates of the institutions as may desire them, the expense in connection with these activities to be borne by the State. Senator Gross of the 31st asked unanimous consent that the amendment be adopted. The consent was granted and the amendment was adopted.
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Senator Terrell of the 19th offered the following amendment: Amend House Bill No. 2 as follows: By striking the words and figures 25 cents as they appear in paragraph 13 of Section 6 and inserting in lieu thereof the words and figures 10 cents. On the adoption of the amendment the ayes were 25, nays 14, and the amendment was adopted. The Committee on Penitentiary offered the following amendment: Amend H. B. No. 2, Section 6, paragraph 14, by changing the period after the word inmate to a semicolon, and adding the following: Provided, further, that incorrigible prisoners in county camps shall be returned to the State at the request of the proper county authorities. Senator Millican of the 52nd asked unanimous consent that the amendment be adopted. The consent was granted and the amendment was adopted. The Committee on Penitentiary offered the following amendment: Amend H. B. No. 2, Section 6, paragraph 16, by striking out the period after the word treated and adding the following: and those inmates affected by venereal disease shall not be pardoned or parolled while under treatment for such disease. Senator Millican of the 52nd offered the following amendment to the amendment: Amend H. B. No. 2, Section 6, paragraph 16, by striking out the period after the word treated and adding the following: and those inmates affected by contagious venereal disease shall not be pardoned or parolled while under treatment of such disease until such time the State Health Department states that the disease of the person is non-infectious. Senator Millican of the 52nd asked unanimous consent that the amendment to the amendment be adopted. The consent was granted and the amendment to the amendment was adopted. The Committee on Penitentiary offered the following amendment: Amend H. B. 2, Section 6, paragraph 18, by adding a new sentence reading as follows: The hours of labor set up in the uniform standards and rules in the case of county camps shall not exceed the average hours of labor per day worked in that county during the 12 months prior to the passage of this law and in no case shall the hours exceed 55 per week. Senator Millican of the 52nd offered the following amendment to the amendment: Amend the Committee Amendment to H. B. No. 2, Section 6, Paragraph 18, by striking same entirely and insert in lieu thereof the following: the hours of labor set up in the uniform standards and rules in the case of county camps shall not exceed 55 hours per week.
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On the adoption of the amendment to the amendment the ayes were 35, nays 1, and the amendment to the amendment was adopted. The Committee on Penitentiary offered the following amendment: Amend H. B. No. 2, Section 6, by adding a new paragraph to be known as 19 and reading as follows: In all cases where wardens of county camps are discharged by the Director of Corrections and where there is any disagreement between the Director of Corrections and the proper county authorities in connection with the discharge, then the proper county authorities or warden shall have the right of appeal within a period of 15 days from the time of the discharge of said warden to the Pardon and Parole Board and be given the right of a hearing before the commission. Senator Millican of the 52nd offered the following amendment to the amendment: Amend Senate Amendment to H. B. No. 2, Section 6, Paragraph 19, by striking the words or warden in line 4 and the words Pardon and Parole Board in line 6 and insert the word Governor. On the adoption to the amendment to amendment the ayes were 34, nays 2, and the amendment to the amendment was adopted. The Committee on Penitentiary offered the following amendment: Amend H. B. No. 2, Section 9, by striking the words State Purchasing Agent and inserting in lieu thereof the words Supervisor of Purchases. By ananimous consent the amendment was adopted. Senator Millican of the 52nd offered the following amendment: Amend H. B. No. 2, Section 9, by adding the following: the use of free labor in the production and manufacture of such supplies and materials shall be limited to supervision only. By unanimous consent the amendment was adopted: Senator Arnold of the 26th offered the following amendment: Amend H. B. No. 2, Section 10, by adding at the end of said section the words and the counties. By unanimous consent the amendment was adopted. Senators Stark of the 33rd and Hall of the 50th offered the following amendment: Amend said bill, by adding a new section to said bill to be numbered Section 10A. SECTION 10A The Director of Corrections shall make a detailed report to the General Assembly of Georgia at each session of his actions and disbursement of all funds handled by the Department of Corrections. By unanimous consent the amendment was adopted. Senator Atkinson of the 1st offered the following amendment:
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Amend H. B. No. 2 by renumbering the sections of the bill so that the sections will follow in numerical order. By unanimous consent the amendment was adopted. Senator Bloodworth of the 22nd offered the following amendment: Amend the caption of H. B. No. 2 by adding after the words Director of Corrections the words and Commission of Corrections. By unanimous consent the amendment was adopted. Senator Jones of the 3rd offered the following amendment: Amend H. B. No. 2 by adding at the proper place the following priviso: that the Director of Corrections shall not have the right to transport prisonersr convicted in any county to the central receiving stations or penitentiary that may be convicted. The amendment was lost. Senator Forrester of the 44th moved the previous question and the motion prevailed. The report of the committee which was favorable to the passage of the bill as amended was agreed to as amended. On the passage of the bill the ayes were 44, nays 1. The bill having received the requisite constitutional majority was passed as amended. Senator Jones of the 3rd asked unanimous consent to be recorded as voting no. The consent was granted and the senator was so recorded. Senator Millican of the 52nd asked unanimous consent that H. B. No. 2 be immediately transmitted to the House and the consent was granted. The President introduced to the Senate Senator H. H. Rogers of the State of Ohio who briefly addressed the Senate. The President introduced to the Senate Major John Bell of Macon and Major General John H. Hester of Albany. The following resolution was read and adopted: SR 4. By Senators Raynor of the 4th, Lester of the 18th, Simmons of the 8th, Arnall of the 36th and Atkinson of the 1st. Be it resolved by the Senate that a sub-committee of six of the Committee on Auditing to be named by the Chairman of the Committee, be and they are hereby authorized to stay over for a period of three days after the adjournment of this session for the purpose of auditing the accounts of the Senate and that they draw their usual per diem for this three-day period. The following resolution was read and adopted: SR 5. By Senators Kennedy of the 2nd and Clements of the 9th: Be it resolved by the Senate that the secretary and three attachees, the president and one secretary be and are hereby authorized to stay over for a period of three days after the adjournment of this session for the purpose of finishing up the work of the Senate and that they draw their usual per diem for this three day period.
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The President introduced to the Senate Judge George G. Allen and Mrs. Allen of Toccoa. The following message was received from the House through Mr. McCutchen, the Clerk thereof: Mr. President: The House has passed by substitute by the requisite constitutional majority the following bill of the Senate to wit: SB 1. By Senators Pittman of the 42nd, Forrester of the 44th, Foster of the 40th, Kennon of the 6th, Kennedy of the 2nd, Gross of the 31st, Atkinson of the 1st and Pope of the 7th. A bill to be entitled an Act to repeal the act of the General Assembly creating the State Board of Prisons (Ga., Laws, 1943, pages 210-212); to abolish the State Board of Prisons; and for other purposes. The following message was received from the House through Mr. McCutchen, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following resolutions of the House to wit: HR 8. By Messrs. Culpepper of Fayette, and Clarke af Catoosa. A resolution directing the Honorable Frank Gross and Honorable Roy Harris to present bills for per diem and expenses incurred while making investigations in regard to prison reforms in the State of Georgia and other southern states, and for other purposes. HR 9. By Mr. Sharpe of Toombs. A resolution requesting officials of the State of Georgia to renovate the building recently acquired by the State under lease so that adequate quarters for the Public Service Commission may be available. The following bill of the Senate was taken up for the purpose of considering a House substitute thereto: SB 1. By Senators Pittman of the 42nd, Forrester of the 44th, Foster of the 40th, Kennedy of the 2nd, Gross of the 31st, Atkinson of the 1st, Pope of the 7th and Kennon of the 6th. A bill to repeal the Act of the General Assembly creating the State Board of Prisons (Ga., Laws 1943, pages 210-212); to abolish the State Board of Prisons; and for other purposes. The House Substitute was as follows: A BILL To be entitled an Act to repeal the Act of the General Assembly creating the State Board of Prisons (Ga. Laws 1943, pages 210-212); to abolish the State Board of Prisons; to abolish the offices of all members of the present State Board of Prisons
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to which they or any of them may have been elected for a current term by whatever name their office antecedent to the creation of the State Board of Prisons may have been designated; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA SECTION 1 That Act of the General Assembly of Georgia approved February 2, 1943, creating and establishing the State Board of Prisons (Ga. Laws, pp. 210-212); be, and the same is hereby repealed in its entirety, and the State Board of Prisons is hereby abolished. SECTION 2 The offices of all of the members of the present State Board of Prisons, to which they or any of them have been elected for a current term whether as members of the State Board of Prisons or any office antecedent thereto, by whatever name designated, are hereby abolished. SECTION 3 All laws and parts of laws in conflict with this Act be and the same are hereby repealed. On the adoption of the House Substitute the ayes were 35, nays 1, and the substitute was adopted. The following resolutions were taken up for consideration: HR 9. By Mr. Sharpe of Toombs. A resolution requesting officials of the State of Georgia to renovate the building recently acquired by the State under lease so that adequate quarters for the Public Service Commission may be available. The President ruled the resolution out of order. HR 8. By Messrs. Culpepper of Fayette and Clarke of Catoosa. A resolution directing the Honorable Frank Gross and Honorable Roy Harris to present bills for per diem and expenses incurred while making investigations in regard to prison reforms in the State of Georgia and other southern states, and for other purposes. On the adoption of the resolution the ayes were 35, nays 0, and the resolution was adopted. The following message was received from the House through Mr. McCutchen, Clerk thereof: Mr. President: The House has agreed to all of the Senate amendments, with the exception of the following amendments; to the following bill of the House to wit:
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HB 2. Messrs. harris of Richmond, Durden of Dougherty, and others. A bill to be entitled an Act to create a State Department of Corrections, Director of Corrections, to fix duties, powers and authorities thereof; to provide compensation; tenure and method of appointment; to authorize and direct certain penal reforms; to repeal conflicting laws; and for other purposes. By Senator Stark of the 33rd, an amendment to Section 3. By Senator Millican of the 52nd an amendment to Section 6, Paragraph 16. By Senator Millican of the 52nd an amendment to Section 6, Paragraph 18. By Senator Millican of the 52nd an amendment to Section 6, Paragraph 19. Senator Pittman of the 42nd moved that the Senate recede from its position on the following amendments of the Senate to the following bill of the House to wit: HB 2. By Messrs. Harris of Richmond, Durden of Dougherty and others. A bill to be entitled an Act to create a State Department of Corrections, Director of Corrections, to fix duties, powers and authorities thereof; to provide compensation; tenure and method of appointment; to authorize and direct certain penal reforms; to repeal conflicting laws; and for other purposes. By Senator Stark of the 33rd, an amendment to Section 3. By Senator Millican of the 52nd an amendment to Section 6, Paragraph 16. By Senator Millican of the 52nd an amendment to Section 6, Paragraph 18. By Senator Millican of the 52nd an amendment to Section 6, Paragraph 19. The motion prevailed and the Senate receded from its position. The following message was received from His Excellency, the Governor, and read by the Secretary: OFFICE OF THE GOVERNOR ATLANTA ELLIS ARNALL Governor GRACE CANNINGTON Secretary October 1, 1943 MR. PRESIDENT AND SENATORS: The General Assembly merited the appreciation of the citizens of Georgia, when, earlier this year, it liberated education from political tyranny, provided a retirement system for our teachers, granted the elective franchise to a large group of courageous young Georgians, and established firmly the doctrine of democratic processes in conducting the government of our State. On the occasion of your adjournment of that session, I said to this Assembly that I believed it was the best in Georgia's long and honorable history. Today I repeat that statement. While not adopting all of the suggestions I made to you, yet your accomplishment in this brief five day session will be historic.
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Once again you have given proof that democratic processes and constitutional methods are able to solve our problems; that democracies know how to act promptly; that the system of representative government is effective; that free discussion is a better remedy for public ills than peremptory orders backed by bayonets. In providing a humane correctional system for fellow-Georgians who have wronged society, you have not only removed physical shackles from their limbs and fear of the lash from their hearts, but you have given them, instead of malice and hatred to mankind, a renewed faith in the decency and generosity of their fellow men and removed the shackles of spiritual hopelessness that degraded them. The degredation of any man is the degredation of every man; society has no right to practices that it would condemn with propriety in the individual. The State of Georgia, so long maligned because of the infamy attached to its penal system, and every right thinking citizen of Georgia is grateful to the members of the General Assembly for a prompt and complete fulfillment of their duty, in a manner that can but add lustre to the name of our State as it attaches honor to your own. ELLIS ARNALL Governor ea/gc The following message was received from the House through Mr. McCutchen, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following resolutions of the House to wit: HR 13. By Messrs. Gowen of Glynn and Hand of Mitchell. A resolution providing for a committee of five, two to be named by the President of the Senate and three by the Speaker of the House to be appointed to notify His Excellency, the Governor, that the General Assembly has completed its work and now stands ready to adjourn sine die. The Speaker has appointed on the part of the House to notify the Governor the following members of the House to wit: Messrs. Hand of Mitchell, Burnside of McDuffie, and Branch of Tift. The following message was received from the House through Mr. McCutchen, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following resolution of the House to wit: HR 15. By Mr. Gowen of Glynn. A resolution resolving that the General Assembly of Georgia do now stand adjourn sine die. Mr. Harrison of the 17th District, Chairman of the Committee on Enrollment, submitted the following report:
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Mr. President: Your Committee on Enrollment have read and examined the following bill and/or resolution of the Senate and have instructed me as Chairman, to report the same back to the Senate as correct and ready for transmission to the Governor: Respectfully submitted, Walter Harrison of the 17th District, Chairman. The following resolution was read and adopted: HR 13. By Messrs. Gowen of Glynn and Hand of Mitchell; A resolution providing for a committee of five, two to be named by the President of the Senate and three by the Speaker of the House to be appointed to notify His Excellency, the Governor, that the General Assembly has completed its work and now stands ready to adjourn sine die. The President appointed on the part of the Senate Senators Ingram of the 51st and Kennedy of the 2nd. The following resolution was read and adopted: HR 15. By Mr. Gowen of Glynn. A resolution that the General Assembly of Georgia do now stand adjourned sine die. The President announced the Senate adjourned sine die at 2:18 P. M.
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INDEX TO JOURNAL OF SENATE EXTRAORDINARY SESSION
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Senate Journal Index (FOR NUMERICAL INDEX, SEE PAGE 35) Abolish State Board of Prisons, SB 1 14 , 16 , 17 , 28 Adjournment, Extraordinary Session, sine die, HR 15 31 , 32 Allen, Judge George C. and Mrs. Allen presented to Senate 28 Bell, Major John, presented to Senate 27 Clark, Mrs., President Gross' sister, presented to Senate 14 Commending services of Penitentiary Committees, SR 2 17 , 20 Committee on Auditing, stay-over, SR 4 27 Committee on Engrossing 18 Committee on Enrollment 32 Committee report (standing), Penitentiary 16 , 19 Committee on Rules, Decorum and Debate 20 Condemning The Atlanta Constitution, SR 3 21 Corrections, State Department of, to create, HB 2 18 , 19 , 22 Corrections, State Department of, to create, SB 2 14 , 16 Expenses of the Hon. Frank Gross and the Hon. Roy Harris, present bills, HR 8 28 , 29 Fowler, Lt. Alpha, Jr., presented to Senate 19 Governor Arnall, Proclamation to joint session 3 Governor's address to joint session 7 Governor's escort committee to joint session, HR 3 6 Hester, Major General John H., presented to Senate 27 Johnston's, Mrs. Carr class recognized 19 Message from Governor Arnall 30
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Nevin, Mrs. Henry W., elected Secretary 5 Nevin, Henry W., resolution, death deplored 16 Notify Governor, extraordinary session convened, HR 2 6 Notify Governor, General Assembly ready to adjourn sine die, HR 13 32 , 32 Notify House, Senate organized, SR 1 6 Notify Senate, House has convened, HR 1 5 Renovate State building, HR 9 28 , 29 Rogers, Senator H. H., of Ohio, presented to Senate 27 State Officials, remain after adjournment, SR 5 27 Smith, Miss Carolyn, presented to Senate 14 Sutton, Hon. W. A., privileges of floor 21 Numerical Index SENATE JOURNAL (FOR GENERAL INDEX, SEE PAGE 34) SENATE BILLS SB 1, abolish State Board of Prisons 14 , 16 , 17 , 28 SB 2, corrections, State Department of, to create 14 , 16 SENATE RESOLUTIONS SR 1, notify House, Senate organized 6 SR 2, commending services of Penitentiary Committees 17 , 20 SR 3, condemning The Atlanta Constitution 21 SR 4, committee on Auditing, stay-over 27 SR 5, Senate Officials, remain after adjournment 27 HOUSE BILLS HB 2, corrections, State Department of, to create 18 , 49 , 22 HOUSE RESOLUTIONS HR 1, notify Senate, House has convened 5 HR 2, notify Governor, extraordinary session convened 6 HR 3, Governor's escort committee to joint session 6 HR 8, expenses of the Hon. Frank Gross and the Hon. Roy Harris, present bills 28 , 29 HR 9, renovate State building 28 , 29 HR 13, notify Governor, General Assembly ready to adjourn sine die 31 , 32 HR 15, adjournment, extraordinary session, sine die 31 , 32
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JOURNAL OF THE HOUSE OF REPRESENTATIVES OF THE STATE OF GEORGIA AT THE EXTRAORDINARY SESSION OF THE GENERAL ASSEMBLY Commenced at ATLANTA, MONDAY, SEPTEMBER 27, 1943 BOWEN PRESS Decatur, Ga.
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OFFICERS OF THE HOUSE OF REPRESENTATIVES 1943 AND 1944 ROY V. HARRIS, of Richmond Speaker FRED HAND, of Mitchell Speaker Pro Tem. J. T. McCUTCHEN, JR., of Fulton Clerk JOSEPH M. BRANCH, of Washington Chaplain GEO. T. BAGBY, of Paulding Chief Assistant Clerk W. E. DIXON II, of Bibb Reading Clerk HUGH STRIPLIN, of Heard Messenger MARION TOMS, of Quitman Doorkeeper
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MONDAY, SEPTEMBER 27, 1943 Representative Hall, Atlanta, Georgia Monday, September 27, 1943. Pursuant to the call of His Excellency, Governor Ellis G. Arnall, the House met in extraordinary session this day at 10:00 o'clock A. M., and was called to order by the Honorable Roy V. Harris, Speaker. The following proclamation calling the General Assembly in extraordinary session was read: A PROCLAMATION CONVENING THE GENERAL ASSEMBLY OF GEORGIA IN EXTRAORDINARY SESSION WHEREAS, Under the laws of Georgia it is declared to be the duty of the State Board of Prisons to have complete management and control of the State convicts; that they shall regulate the hours of their labor, the manner and extent of their punishment, the variety and quantity of their food, the kind and character of their clothing; and shall make such other rules and regulations as will assure their safekeeping and proper care; and WHEREAS, There has been filed with me a report of the Penitentiary Committee of the Georgia State Senate, in which it is set forth: We find that the food is totally inadequate to the needs of human beings while performing hard labors, and many prisoners show by their faces that they are undernourished. We find a number of wardens who say that no rules have ever been issued by those in authority for methods of punishment or the general conduct at the highway camps.... We find a total absence of companionship and understanding between some of the officials and their prisoners. We find that some of the wardens and guards have the idea that the osly way to control human beings confined to the echain gang is through inhumane and cruel punishment; and WHEREAS, The Committee aforesaid recommends many reforms, and concludes with the recommendation that unless the State Board of Prisons inaugurates such reforms, that I, as Governor, take such steps as may be necessary to carry out the recommendations made; and WHEREAS, A report of the Penitentiary Committee of the Georgia House of Representatives has been filed with me in which it is set forth: We find much evidence of cruel and inhuman treatment of prisoners... We find in many instances that such treatment of prisoners has definitely proven injurious to the prisoners' health and is certainly not conducive to the purpose of rehabilitation; and WHEREAS, The committee aforesaid recommended many reforms and states: ... after a careful and studied analysis... based on our investigation, we believe the first difficulty in connection with the administration of penal affairs in the State is the result of an almost complete lack of intelligent direction, therefore, our studied conclusions in the matter are that there should first be appointed a competent Director of penal affairs with power to act, and that such Director should have full and complete control of Tattnall Prison and all State prisons; and
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WHEREAS, The committee aforesaid concludes its recommendations in the following language: We further recommend that the Governor, in his discretion, take such steps as are deemed necessary in order to bring about the correction of the present system, keeping in mind the recommendations of this committee; and WHEREAS, The Honorable Frank Gross, President of the Georgia State Senate, and the Honorable Roy V. Harris, Speaker of the House of Representatives of the State of Georgia, have filed with me a full and complete report of prison conditions in this State, and have compared conditions in this State with those of other States, and have recommended to me that the State Board of Prisons be abolished, that the office of Director of the Department of Corrections be created, and that a Director be named who will aid instead of hindering the rehabilitation of fallen mankind, and who will at the same time inaugurate a plan and policy of making the State's penal institutions self-supporting; and WHEREAS, For many years the State of Georgia has maintained and operated a primitive, inhumane, cruel and archaic prison system, and by reason thereof the State of Georgia has received much criticism and adverse publicity, for the maintenance of such a prison system; and WHEREAS, There is a compelling need and opportunity for a genuine public service in the rehabilitation of those convicted of crime in the establishment of a progressive, economical, modern and humane prison system in this State; NOW, THEREFORE, Pursuant to the recommendation of the Honorable Frank Gross, President of the State Senate, and the Honorable Roy V. Harris, Speaker of the Georgia House of Representatives, and the recommendation of the Penitentiary Committees of the Georgia State Senate and the House of Representatives, and under and by virtue of the power and authority conferred upon me by the Constitution of this State, as set forth in Article V, Section I, Paragraph XLII, I, Ellis G. Arnall, Governor of Georgia, do hereby convoke and call a meeting of the General Assembly of this State in Extraordinary Session at 10 o'clock A. M., Central War Time, on Monday, September 27, 1943, for the purpose of considering and enacting laws and resolutions, by revision, repeal, amendment or otherwise, relating to the following objectives, which are considered by me, as Chief Executive of this State, to be of sufficient importance to demand the necessity for such Extraordinary Session of the General Assembly of Georgia, to-wit: (1) Legislation abolishing the State Board of Prisons and creating a Department, Board, and office of Director of Corrections and defining the terms, appointments, powers, duties and authority thereof. (2) Legislation effectuating prison reforms. Given under my hand and the Great Seal of the State of Georgia, at the City of Atlanta, on this the 25th day of September, Year of Our Lord One Thousand Nine Hundred and Forty-Three. ELLIS ARNALL, Governor. By the Governor. JOHN B. WILSON, Secretary of State.
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Scripture reading and prayer by the Chaplain, Reverend Joseph M. Branch, of Davisboro, Georgia. The roll was called and the following members answered to their names: Adams Allison Alwood Anderson Baker Bates Battles Barfield Bargeron Bennett Bentley Boynton Branch Brewton Bridges Broome Brunson Burnside Burton Caldwell Campbell of Newton Campbell of Polk Cannon Cates Chance Cheshire Clark Connell Copland Cowart Crummey Culpepper Curry Dallis Dalton Graham Gray Grayson Greene of Jones Greene of Schley Guerry Guyton Hagan Hand Harden Hardy Hart of Quitman Hart of Thomas Hartness Hatchett Heard Hefner Herndon Hicks Hightower Hill of Clarke Hill of Troup Hogg Hooks Horne Hubert Hurst Jennings of Sumter Joiner Johnson of Chattahoochee Johnson of Pike Jones Kelly of Walker Kendrick Key Norman Odom Oliver Overby Pannell Parker Peck Pettit Phillips Pirkle Porter Powell Price Pruitt Ray Rees Reid Reynolds Riddlespurger Riley Roper Rossee Roughton Rountree Rowland Russell Salter Sharpe Sheppard Sills Smith of Carroll Smith of Muscogee Smith of Oglethorpe Smith of Washington Sparks Daves Deal Dorsett Dorsey Drake Dukes Dunn DuPree Durden Easler Edwards Ennis Etheridge Fisher Fortson Fussell Gardner Gavin Gholston Giddens Gillis Goldberg Gowen Knabb
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Littlejohn Livingston Looper Mabry Malone Mankin Martin Mason Mavity Maund McCamy McEntire McNall Medders Miller Mills Mims Minchew Mitchell Mixon Moate Moore of Baldwin Nicholson of Oconee Nicholson of Richmond Strickland Sumner Swint Thigpen Thomas Thompson Thrash Thurmond Turner Waller Warnock Weaver Welch Wells of Ben Hill Wells of Telfair Whipple Wilbanks of Cherokee Wilbanks of Habersham Williams of Coffee Williams of Gwinnett Williams of Harris Willoughby Wilson Wright Yawn Mr. Speaker The following resolutions of the House were read and adopted: By Mr. Durden of Dougherty: House Resolution No. 1. A resolution directing the Clerk of the House to notify the Secretary of the Senate that the House has convened in extraordinary session and is ready for the transaction of business. By Mr. Durden of Dougherty: House Resolution No. 2. A resolutionBe it resolved by the House, the Senate concurring, that a committee of five; two to be named by the President of the Senate and three by the Speaker of the House, be appointed to notify His Excellency, the Governor, that the General Assembly has convened in Extraordinary Session in compliance with his Proclamation and is ready for the transaction of business. Under the provisions of House Resolution No. 2, the Speaker appointed the following members as a Committee on the part of the House: Messrs. Grayson of Chatham, McCamy of Whitfield, and Ennis of Baldwin. By Mr. Durden of Dougherty: House Resolution No. 3. A resolutionBe it resolved by the House, the Senate concurring, that the General Assembly convene in joint session in the Hall of the House of Representatives immediately for the purpose of hearing the message from His Excellency, the Governor, and that a committee of five, two to be named by the President of the Senate, and three by the Speaker of the House, be appointed to escort the Governor to the Hall of the House. Under the provisions of House Resolution No. 3, the Speaker appointed the following members as a Committee on the part of the House: Messrs. Broome of DeKalb, Wells of Ben Hill, and Baker of Floyd. By unanimous consent, the Speaker ordered a recess of ten minutes awaiting the arrival of the Senate.
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The Speaker called the House to order and the following message was received from the Senate through the Secretary thereof, Mrs. Henry W. Nevin: Mr. Speaker: I am instructed by the Senate to notify, the House that the Senate has convened in Extraordinary Session; and has elected Mrs. Henry W. Nevin, Secretary, and is ready for the transaction of business. The following message was received from the Senate through Mrs. Nevin, the Secretary thereof: Mr. Speaker: The Senate has passed by the requisite constitutional majority the following resolutions of the House to wit: HR 2. By Mr. Durden of Dougherty: BE IT RESOLVED by the House, the Senate concurring, that a committee of five; two to be named by the President of the Senate and three by the Speaker of the House, be appointed to notify His Excellency, the Governor, that the General Assembly has convened in Extraordinary Session in compliance with his Proclamation and is ready for the transaction of business. (The President has appointed on the part of the Senate, Senators Millican of the 52nd and Ingram of the 51st.) HR 3. By Mr. Durden of Dougherty: BE IT RESOLVED by the House, the Senate concurring, that the General Assembly convene in joint session in the Hall of the House of Representatives immediately for the purpose of hearing the message from His Excellency, the Governor, and that a committee of five, two to be named by the President of the Senate, and three by the Speaker of the House, be appointed to escort the Governor to the Hall of the House. (The President has appointed on the part of the Senate, Senators Kennedy of the 2nd, and Forrester of the 44th.) The time of convening the joint session of the House and Senate having arrived, the Senate appeared upon the floor of the House and the joint session convened for the purpose of hearing a message from His Excellency, Governor Ellis G. Arnall, was called to order by Honorable Frank C. Gross, President of the Senate. The Secretary of the Senate, Mrs. Henry W. Nevin, read the resolution providing for the joint session. Accompanied by the Committee of Escort, Governor Arnall appeared upon the floor of the House and delivered the following address: MR. PRESIDENT, MR. SPEAKER, AND MEMBERS OF THE GENERAL ASSEMBLY: Georgia has a pressing problem. The problem is that of its penal system, which has caused for many years much worry to our citizens and to the State government and which has resulted in widespread criticism of Georgia throughout the nation. I do not doubt that much of the criticism has been nothing more than sensationalism; but however exaggerated some statements have been, the fact remains that all Georgians know that the penal system is punitive in purpose, archaic in method and unnecessarily costly to our taxpayers.
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Three reports have been placed in my hands upon the Georgia penal system. One is by Senate committee, one by the House committee and one by the presiding officers of these two bodies. These reports, while treating different phases of the penal system, agree completely in one thing; that reformation and reorganization is necessary. I am profoundly grateful to the Senate and House committees and to the presiding officers for their diligent and searching inquiries, and I believe that the citizens of our State are grateful to them for revealing these conditions. In a democracy, there is but one way to proceed with such reforms. That method is the method prescribed by the constitution and laws of the State. An usurpation of power is no less an invasion of the rights of the citizens because the Executive believes sincerely that it is in the interest of the commonwealth. Well-intentioned tyranny is not less tyrannical because of the sincerity of the tyrant. Accordingly, upon receiving the three reports from representatives of the legislative branch of our government and after studying them with very great care, I consulted with three elective officials, who, under our present law, are charged with administration of the penal system of Georgia. In addition, after preparing an outline of the reforms that appeared most imperative, I consulted with the Attorney General, representing the judicial branch of our government, and obtained from him his opinion. The members of the State Board of Prisons were most cooperative in their attitude. They acknowledged readily that conditions in our penal system were unsatisfactory. They agreed with me upon the reforms that were needed most urgently. However, these reforms could not be made under the existing laws of Georgia, because the most urgently needed reform, that providing for centralized direction and coordination of the penal system, could not be delegated by the Board. This ruling, by the Attorney General, following the established judicial precedents, left but two alternatives. Either the Governor of Georgia would have to proceed, by Executive Order, in a manner I do not deem compatible with constitutional practices, or the legislature would have to be called into session to consider the problem, to debate it, and to enact some measure dealing with it. Therefore, deeply as I regret the inconvenience imposed upon the members in asking you to assemble on short notice at this season of the year, I issued a call for an extraordinary session of the General Assembly of Georgia, so that the elective legislative representatives of the people of this State may hear the reports of the committees from the Senate and House and act upon the need of Georgia for a correctional system adapted to our great State. If we are to preserve our democratic principles of representative government, if we are to give to the world a demonstration that our democratic institutions are as virile today as when this republic was founded, it is essential that consideration of grave questions of policy, involving the responsibilities of elective officials, involving the lives and liberties of citizens of this State, and involving large investment of the State and its subdivisions in the physical assets of the penal system, should be referred to the chosen representatives of the people of Georgia.
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I recognize that there will be a few professional politicians who will seek to make political capital out of my summonsing of the Assembly into extraordinary session and who will assert that the cost of this session is needless. In my judgment, these reforms are urgent. In my judgment, the only lawful manner in which these reforms can be obtained is through calling the legislators to convene. In my judgment, the cost of the session is not a considerable item in Georgia's total budget, but if it were a substantial item, I would feel that the Assembly should be called, for human rights and human needs are above budgets and the obligation to protect citizens of the State and their rights has precedence over saving a sum of money. The function of a prison system is to rehabilitate and train those whose conduct has marked them as dangerous to society. It should be the aim of a good penal institution to cause the prisoners to become useful, self-sustaining, fully employed, law-abiding citizens of our State, able to take their places among their fellows. A prison, of course, is not a vacation resort, nor should harmony within its walls be obtained by breaking down discipline. Firmness is necessary, but brutality is no substitute for firmness, and merciless severity is less effective than humane consideration in dealing with any man or woman. Manifestly, such a humane system, such as is required by the Bill of Rights of our State and Federal constitutions, is not being practiced when prisoners are beaten and starved and manacled and chained. The lash, the sweat-box, the stocks, the leg-picks, the ball and chain, the shacklethese are not the means by which men can be brought to an understanding of society's solicitude for them. I am somewhat skeptical about applying a horsewhip to a fourteen-year-old boy as a method of making him love his fellow-man and practice the Golden Rule. Much of the crime in Georgia is caused by vocational ineptitude. The boy who has no trade, who does no job well, is very likely to get into trouble. It seems to me that it would be not only practicing Christian humanity but practicing realistic economy to teach such a boy to be a useful, self-supporting citizen than to make him into a confirmed criminal, hardened of heart, full of malice against mankind, possessed of the fury of a mad dog against his fellows, waiting only to kill or to be killed. Let me cite you to the Senate committee's report upon the conditions at one of the State camps: We find acts of cruelty at this camp in the whipping and beating of prisoners. As for example, the assistant warden admitted that an ignorant white boy was sent a pair of pajamas by his poverty-stricken relatives and on the night after receiving them he put these pajamas on to sleep in them, when it was a rule that they should sleep in prison night gowns. The assistant warden learning that the prisoner was wearing the simple article sent him by his family took him out of bed and gave him a whipping. This exemplifies the kind of reasons and excuses found by some of the officials for whipping prisoners in Georgia. Let me cite you a short statement from the report of the House committee: We found much evidence of cruel and inhuman treatment of prisoners on the part of certain wardens and guards such as the use of picks or leg irons, the use of sweat-boxes, together with mistreatment of prisoners by so-called walking bosses who resort to the use of clubs, sticks and other brutal means of punishment. We found
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in many instances that such treatment of prisoners had definitely proven unjurious to the prisoners' health and was certainly not conducive to the purpose of rehabilitation. Let me cite you a brief portion of the report made by President Frank Gross of the Senate and Speaker Roy Harris of the House, who, at my request and at their own expense, made a rapid but careful survey of the prisons of Georgia and of some of the other Southern states: In no other state did we find leg irons. In no other state did the prisoners complain of floggings and beatings. In no other state did we find the prisoners generally sullen, bad tempered and talking of revolt. In Georgia alone we found no intelligent effort being made to rehabilitate the prisoners and to fit them to return to civil life. If the State does not make an intelligent effort to rehabilitate these men and women they will be criminals when they return to civil life and will finally wind up in the penitentiary again. These are the reports of the Senate and House committees and of the presiding officers of the General Assembly. These reports are available to you. You will find, as I did, that they are written in anything but a lurid manner, that they engage in no overemphasis of isolated examples, and that they are completely factual. I think you will find, as I did, that in their simple and matter-of-fact understatement they are powerful documents, stringent criticism of a condition that has become intolerable to the citizens of Georgia. I believe that you will desire that these conditions be corrected. At this very moment upon seven seas and six continents, American youths will go out to die for the cause of human rights, in a mortal struggle against barbarism, whose symbol is the concentration camp and the lash. Our institutions of punishment and correction must not be allowed to become an American equivalent of the Nazi concentration camp. I do not believe that these shameful conditions can be corrected by less than a complete reorganization of the penal system. There has been no true reform of that system since, almost a half century ago, Georgia ended the iniquitous sale of human beings under the guise of the lease system. It is the responsibility of the General Assembly to consider the needs of the correctional institutions and to formulate the kind of system that Georgia needs and that Georgians desire: a humane system of rehabilitation for these social misfits that will enable them to be restored to society as men and women, not wild beasts. In considering such a system, acting in accordance with the request of the Senate committee and of the House committee, both of which requested that the Governor take some action in the matter, I consulted with the able presiding officers of the General Assembly, with those trained in penology, with educators who knew the field of adult rehabilitation and with the members of the Prison Board. These are the basic recommendations that I have to make to the General Assembly for your consideration in development of legislation looking toward a solution of Georgia's prison problem. First, that the existing prison system be disestablished and, instead, a coordinated system, covering all prisoners in the State, be adopted, and that this new
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system have as its head a single executive official, clothed with adequate power to make and enforce proper rules and regulations. For convenience, I refer to that officer as the Director of Corrections, although, of course, the Assembly may see fit to provide some other official name. I have no selection of a Director of Corections. It would be improper to do so before the Assembly enacts legislation, and it would be imprudent to make a choice before knowing the type of act the Assembly will adopt. I hope, after careful scrutiny of the ablest men available, to select the man best fitted for the difficult task to which he will be assigned. I believe that as wide discretionary power should be given to this official as is compatible with sound practice, and that the General Assembly, after laying down sufficiently broad rules governing the treatment of prisoners, should leave the development of administrative practices to this official. In the establishment of the department I do not recommend that the terms of office of the present Prison Board members be extinguished. It is quite probable that the General Assembly will desire that their services be retained in an advisory capacity. The members of the Board have cooperated very thoroughly in efforts to lay a foundation for a reformed and reorganized penal system, and I commend their attitude and appreciate their concurrence in these recommendations. But, even had their attitude been otherwise, it would not be appropriate nor in keeping with democratic traditions for me, as Governor of Georgia, to recommend to you that they be dismissed from posts to which they were elected by the people of our State. Their experience may well be utilized in effecting this reorganization, if the Assembly sees fit. Second, I recommend that the General Assembly provide certain standards governing the treatment of prisoners, by prohibiting whipping and the use of shackles, manacles, leg irons and picks; by providing for a central receiving station for all prisoners, so that they may be properly classified and assigned for work; by providing for segregation of juveniles and first offenders from habitual criminals, and permitting the Director of Corrections to transfer juveniles to other correctional or educational institutions; by providing for proper supervison by the Director of Corrections under administrative regulations that he may adopt, of the county camps and jails and other penal institutions of the State. In my judgment, in which the committees, the members of the Prison Board and President Gross and Speaker Harris concur, it would be desirable for the Director of Corrections to make provision for transfer of the women prisoners from Tattnall to another institution; for proper vocational training to be provided for all prisoners; for the manufacturing enterprises potential at Tattnall to be developed; for stripes to be eliminated, except as a disciplinary measure; for segregation of the mentally diseased and for treatment under proper hospital or clinical conditions of those ill of body. However, if sufficiently broad powers of administration are granted to the Director, these aspects of the reform can best be brought about in that way rather than through specific legislative enactment. It would be undesirable, I believe, to endeavor to freeze the pattern of our penal system, thereby inviting years from now a repetition of the very condition we now seek to end.
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Manifestly, the reformation of the penal system will require more than weeks. It will take months stretching into years to adapt other States' experience to meet our needs, to test techniques and methods, to indoctrinate personnel in the spirit of this new endeavor. Not every administrative policy will be perfect on first trial, and we must provide elasticity to meet changes in condition. The mistakes of forty years cannot be corrected overnight, and the growth of the Georgia penal system into one possessing every element desired by our people will require time and patience. I should like to return briefly for a discussion of some of the items that I have enumerated. The elimination of corporal punishment, of chains and picks and leg irons, appears to me to do no more than carry out the obvious intent of our State Bill of Rights, prohibiting cruel and unusual punishments. Obviously, if we are to segregate prisoners, we must establish some means of classifying them for segregation, and the Director of Corrections must be vested with authority to transfer juveniles from Tattnall to other institutions. Similarly, if we are to avoid bringing the entire penal system into disrepute through misdeeds of a few individual wardens, it will be necessary for the Director to have wide powers to regulate the conduct of county camps, jails and other institutions. No group in Georgia appreciates more fully the need for prison reform than the wardens and county officers. This was evident in their unanimous action at their last convention, calling for drastic revision in our penal methods. There are many excellent county camps and county penal systems in our State, with excellent and humane personnel, whose experience and sound viewpoint will make a valuable contribution in the readjustment of our system. In considering the reforms that we must adopt in Georgia, we may well profit by the experience of other States. President Gross and Speaker Harris, in their report, disclose what has been done elsewhere in the south, under conditions that are comparable with the conditions here in Georgia. They found, for one thing, that idleness was the cause of much trouble in our institutions, and that the best institutions were those in which all prisoners were kept busy at something useful. Men who are busy at something useful, who are well fed and well housed and well clothed, do not break prison. The solution of escaped prisonersand escapes have been unusually frequent in Georgiais to provide useful employment and adequate, intelligent supervision. We hope, I am sure, to build a penal system that will reform and reclaim men. Men are not reformed either by repression or by cruelty or by doing useless work. Men in prison still have self-respect. The correctional system should foster that self-respect. It is to be fostered best, it is generally agreed, by giving them useful things to do, rather than something to supposedly keep them busy. It is believed that a suitable educational-industrial-agricultural system would be almost self-sustaining, which the existing system is not, and that, in addition, the prisoners would find their morale improved by knowing that they were actually contributing something to the society they had wronged, rather than being mere objects for society's revenge. It must be emphasized that there are two primary objectives in establishing prison industry: to provide work of a self-sustaining nature for the prisoners and to
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train them for gainful employment when they are freed. The viewpoint of occupational education must be stressed above profit, and the system must not be permitted to deteriorate into one in which, for the sake of earning a surplus for the State, will compete with private industry and with free labor. In the past, in Georgia, there has been much stressing of the economic value of the work done by convict labor. Careful examination will disclose that there has been no gain for the State, there has been no gain for the counties, nor for society as a whole, in the system, and that, instead, it has been very costly in terms of money. The use of prisoners to do by hand what can be done infinitely more efficiently by machines is economic waste. But the economic side of the prison system need not be stressed unduly. Even if the chief function of the prison system were to make a profit, it is not performing that function: it operates at much greater cost than any comparable system elsewhere in the south. In addition, however, it functions to destroy lives, to wreck the future of men and women. When I was driving about Georgia in the summer of 1942, a friend pointed out to me a large tract of land. If ever land had been blighted and destroyed in value, robbed of its richness, that land had been. It was stripped of topsoil, so that the red clay was disclosed. It was gullied and washed, so that the few saplings growing upon it were twisted and warped. It grew no crops. It could hardly grow the hardiest and most persistent weed. That land was a relic, my friend told me, of the convict lease system. The man who had owned it died long ago. His estate vanished in litigation. Even the land was cursed by his misdeeds. That picture has been in my mind ever since. It is inescapable that if we destroy men, we destroy everything. These men in prison have committed wrongs against society. They have killed, and stolen, and cheated. They have brought upon themselves the disapproval of their fellow citizens. They have been taken into custody and tried in our courts and judged guilty for their misdeeds and sent away to be taught that they must live in decent harmony with their fellow men. It is the intent of our people, as it is the letter and the spirit of our State law, that when they have reformed, they shall be set free, that they shall walk abroad like other men, breathing the air of freedom as do other men. In the past we have denied them the treatment that any man must have. We have caged them like wild animals. We have let them thirst and hunger. We have beaten them. We have chained them. We have forged iron bands about their legs. We have denied them the very solace of the Christian religion, for when I took office as Governor of Georgia there was no full-time chaplain at the prison where more than a thousand Georgia men were expiating their crimes and seeking to be rebuilt into useful citizens. I know that we live in a practical day. We hear a great deal of talk about being practical, being efficient, doing what is wise and prudent. I think it is high time that we talked some once again about doing what is right.
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It is not right to shut a man like a mad dog in a cage and whip him with a rubber hose and work him as a brutal drayman might work a sick horse. And when I think of boys huddled with professional criminals obtaining no education and no religious instruction, I am disgusted and I know that you are; but when I think of menmen made in the image of the most high Goddying in prison without the consolation of a man of God at their side, I am heart-sick. These things must not continue in our State. It is necessary, for the good name of this commonwealth which James Edward Oglethorpe founded, taking for a motto the words: Not for ourselves but for others, that we provide a system of prisons that will effect the reformation of those who are sent there by the justice of our State. Because this necessity is pressing, I have asked the General Assembly to meet here to consider and discover a solution for our problem. In these days, democracy is being tested. Its enemies, at home and abroad, assert that it has lost its vitality, that it has lost the broad human sympathy that marked its onward march a hundred and fifty years ago, that it has even lost its capacity to act. Our prompt action to solve this problem will be one more proof that in Georgia, through the agencies of democratic government and through the methods provided in our constitution, we can make democratic government work. This General Assembly, as I have said many times before, is the best, I believe, in Georgia's long history. The measures that were written into law in your session in January received overwhelming approval at the hands of your fellow citizens, an adequate proof that they agree with me that this body has served well and truly is representative of the people of our State. In eliminating the evils of the prison system, which so long have been a reproach to Georgia in the eyes of the nation, the General Assembly, in my judgment, will have performed one more servicea service as great as that which liberated education from political interference. In your efforts to bring about reform of our prison system and to make it an instrument for rehabilitating the unfortunate, you will have not only the complete cooperation of every agency at the disposal of the Executive Department of the State, but you will have the undivided support and the lasting appreciation of the people of Georgia. Mr. Durden of Dougherty moved that the joint session be now dissolved, and the motion prevailed. By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents: 1. Introduction and reference of bills and resolutions under the rules of the House. By unanimous consent the following bills of the House were introduced, read the first time and referred to the Committee: HB 1. By Messrs. Harris of Richmond, Durden of Dougherty, Mavity of Walker, Mims of Miller, Heard of Elbert, Harden of Turner, Clark of Catoosa, Hagan of Screven, Connell of Lowndes, Gowen of Glynn, Phillips of Columbia,
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Baker of Floyd, Hicks of Floyd, Kelley of Walker, Broome of DeKalb, Dallis of Troup, Hart of Thomas, Burton of Lee, Jones of Grady, Hill of Clarke, Easler of Crawford, Nicholson of Oconee, Peck of Dade, Anderson of Wayne, Etheridge of Fulton, Branch of Tift, Welsch of Cobb, Goldberg of Coweta, Salter of Upson, Moore of Baldwin, McCamy of Whitfield, Caldwell of Troop, Looper of Dawson, Rossee of Putnam, Knabb of Charlton, Cannon of Rockdale, Hill of Troup, Sheppard of Heard, Littlejohn of Floyd, Grayson of Chatham, Pettit of Bartow, Adams of Wheeler, Mason of Morgan, Williams of Coffee, Daves of Dooly, Thomas of Chattooga, Hubert of DeKalb, Crummey of Wilcox, Key of Jasper, Drake of Seminole, and Mrs. Mankin of Fulton. A Bill to be entitled an Act to repeal the Act of the General Assembly creating the State Board of Prisons (Georgia Laws 1943, page 210-212); to abolish the State Board of Prisons; and for other purposes. Referred to Committee on State of Republic. HB 2. By Messrs. Harris of Richmond, Durden of Dougherty, Mavity of Walker, Mims of Miller, Heard of Elbert, Harden of Turner, Clark of Catoosa, Hagan of Screven, Connell of Lowndes, Gowen of Glynn, Phillips of Columbia, Baker of Floyd, Hicks of Floyd, Kelley, of Walker, Broome of DeKalb, Dallis of Troup, Hart of Thomas, Burton of Lee, Jones of Grady, Hill of Clarke, Easler of Crawford, Nicholson of Oconee, Peck of Dade, Anderson of Wayne, Etheridge of Fulton, Branch of Tift, Welsch of Cobb, Goldberg of Coweta, Salter of Upson, Moore of Baldwin, McCamy of Whitfield, Caldwell of Troup, Looper of Dawson, Rossee of Putnam, Knabb of Charlton, Cannon of Rockdale, Hill of Troup, Sheppard of Heard, Littlejohn of Floyd, Grayson of Chatham, Pettit of Bartow, Adams of Wheeler, Mason of Morgan, Williams of Coffee, Daves of Dooly, Thomas of Chattooga, Hubert of DeKalb, Crummey of Wilcox, Key of Jasper, Drake of Seminole, and Mrs. Mankin of Fulton. A Bill to be entitled an Act to create a State Department of Corrections, Director of Corrections, Commission of Corrections; to fix duties, powers and authorities thereof; to provide compensation, tenure and method of appointment; to authorize and direct certain penal reforms; to repeal conflicting laws; and for other purposes. Referred to Committee in State of Republic. Mr. Durden of Dougherty moved that the House do now adjourn until eleven o'clock tomorrow morning, the motion prevailed, and the Speaker announced the House adjourned until tomorrow morning at eleven o'clock.
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Representative Hall, Atlanta, Georgia. Tuesday, September 28, 1943. The House met, pursuant to adjournment, this day at 11 o'clock A. M., was called to order by the Speaker and opened with scripture reading and prayer by the Chaplain. The roll was called and the following members answered to their names: Adams Allison Alwood Anderson Baker Bates Battles Barfield Bargeron Bennett Bentley Boone Boynton Branch Brewton Bridges Broome Brunson Burnside Burton Bynum Caldwell Campbell of Newton Campbell of Polk Cannon Cates Chance Cheshire Clark Connell Copland Cowart Crummey Culpepper Curry Dallis Dalton Daves Deal Dorsett Dorsey Drake Dukes Dunn DuPree Durden Easler Edwards Etheridge Fisher Fortson Fussell Gardner Gaskins Gavin Gholston Giddens Gilbert Gillis Goldberg Gowen Graham Gray Grayson Greene of Jones Greene of Schley Guerry Guyton Hagan Hand Harden Hardy Hart of Quitman Hart of Thomas Hartness Hatchett Heard Hefner Herndon Hicks Hightower Hill of Clarke Hill of Troup Hogg Holley Hooks Horne Hubert Hurst Jennings of Sumter Joiner Johns Johnson of Chattahoochee Johnston Jones Kelly of Thomas Kelly of Walker Kendrick Key Knabb Littlejohn Looper Mabry Malone Mankin Martin Mason Mavity Maund McCamy McCracken McEntire McIntosh McNall Medders Miller Mills
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Mims Minchew Mitchell Mixon Moate Moore of Baldwin Moore of Talliaferro Nicholson of Oconee Nicholson of Richmond Norman Oliver Overby Padgett Pannell Parker Peck Pettit Phillips Pirkle Porter Powell Price Pruitt Ray Rees Reid Reynolds Riddlespurger Riley Roper Rossee Roughton Rountree Rowland Russell Salter Sharpe Sheppard Sills Smiley Smith of Carroll Smith of Muscogee Smith of Oglethorpe Smith of Washington Sparks Strickland Sumner Swint Thigpen Thomas Thompson Thrash Thurmond Turner Warnock Weaver Welch Wells of Ben Hill Wells of Telfair Whipple Wilbanks of Cherokee Wilbanks of Habersham Williams of Coffee Williams of Gwinnett Williams of Harris Willoughby Wilson Yawn Mr. Speaker Mr. Gray of Houston, Chairman of the Committee on Journals, reported that the Journal of yesterday's proceedings had been read and found correct. By unanimous consent the reading of the Journal was dispensed with. The Journal was confirmed. By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents: 1. Reports of standing committees. 2. Second reading of bills and resolutions favorably reported. Mr. Turner of DeKalb County, Vice-Chairman of the Committee on State of Republic, submitted the following report: Mr. Speaker: Your Committee on State of Republic have had under consideration the following bills of the House and have instructed me as Chairman, to report the same back to the House with the following recommendations: HB 1. Do Pass. HB 2. Do Pass. Respectfully submitted, Turner of DeKalb, Vice-Chairman. By unanimous consent, the following bills of the House, favorably reported, were read the second time:
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HB 1. By Messrs. Harris of Richmond, Durden of Dougherty, Mavity of Walker, Mims of Miller, Heard of Elbert, Harden of Turner, Clark of Catoosa, Hagan of Screven, Connell of Lowndes, Gowen of Glynn, Phillips of Columbia, Baker of Floyd, Hicks of Floyd, Kelley of Walker, Broome of DeKalb, Dallis of Troup, Hart of Thomas, Burton of Lee, Jones of Grady, Hill of Clarke, Easler of Crawford, Nicholson of Oconee, Peck of Dade, Anderson of Wayne, Etheridge of Fulton, Branch of Tift, Welsch of Cobb, Goldberg of Coweta, Salter of Upson, Moore of Baldwin, McCamy of Whitfield, Caldwell of Troop, Looper of Dawson, Rossee of Putnam, Knabb of Charlton, Cannon of Rockdale, Hill of Troup, Sheppard of Heard, Littlejohn of Floyd, Grayson of Chatham, Pettit of Bartow, Adams of Wheeler, Mason of Morgan, Williams of Coffee, Daves of Dooly, Thomas of Chattooga, Hubert of DeKalb, Crummey of Wilcox, Key of Jasper, Drake of Seminole, and Mrs. Mankin of Fulton. A Bill to be entitled an Act to repeal the Act of the General Assembly creating the State Board of Prisons (Georgia Laws 1943, pages 210-212); to abolish the State Board of Prisons; and for other purposes. HB 2. By Messrs. Harris of Richmond, Durden of Dougherty, Mavity of Walker, Mims of Miller, Heard of Elbert, Harden of Turner, Clark of Catoosa, Hagan of Screven, Connell of Lowndes, Gowen of Glynn, Phillips of Columbia, Baker of Floyd, Hicks of Floyd, Kelley of Walker, Broome of DeKalb, Dallis of Troup, Hart of Thomas, Burton of Lee, Jones of Grady, Hill of Clarke, Easler of Crawford, Nicholson of Oconee, Peck of Dade, Anderson of Wayne, Etheridge of Fulton, Branch of Tift, Welsch of Cobb, Goldberg of Coweta, Salter of Upson, Moore of Baldwin, McCamy of Whitfield, Caldwell of Troup, Looper of Dawson, Rossee of Putnam, Knabb of Charlton, Cannon of Rockdale, Hill of Troup, Sheppard of Heard, Littlejohn of Floyd, Grayson of Chatham, Pettit of Bartow, Adams of Wheeler, Mason of Morgan, Williams of Coffee, Daves of Dooly, Thomas of Chattooga, Hubert of DeKalb, Crummey of Wilcox, Key of Jasper, Drake of Seminole, and Mrs. Mankin of Fulton. A Bill to be entitled an Act to create a State Department of Corrections, Director of Corrections, Commission of Corrections; to fix duties, powers and authorities thereof; to provide compensation, tenure and method of appointment; to authorize and direct certain penal reforms; to repeal conflicting laws; and for other purposes. The following resolutions of the House were read and unanimously adopted: HR 4. By Messrs. Gowen of Glynn and Connell of Lowndes. A RESOLUTION WHEREAS, Good Providence in His Infinite Wisdom has seen fit to remove from our midst our friend and colleague, the Honorable James B. Park, late the Representative from Greene County, and, WHEREAS, his loss is deeply felt as we once again convene and his smiling
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countenance, his ready wit, and wise counsel will be greatly missed during the important deliberations of this session; NOW THEREFORE, BE IT RESOLVED by the House of Representatives: 1. With heavy hearts we bow to the Wisdom that has removed him from our midst; 2. Judge Park, through a life of service devoted to his State and its people, engraved his name upon the annals of Georgia History. Any attempt on our part to recount his many virtues or extoll his deeds would be trite. It is sufficient to say that he exemplified a true Christian gentleman who loved his God, his Nation and his State and was willing to dedicate his life to their service. 3. As a token of our respect and esteem for our late fellow member this House now stand for a minute's silence. HR 5. By Messrs. Thrash of Coffee, Nicholson of Richmond and Riley of Peach. A RESOLUTION WHEREAS, the Georgia House of Representatives has convened in an extraordinary session without the services of Hon. George W. Woodruff, deceased, of Winder, who has so ably served the General Assembly of this State in the past, and who represented Barrow County in this body 1943 and has been recognized as one of the outstanding and influential citizens of the middle and upper section of Georgia for a generation, and WHEREAS, George Woodruff, throughout his useful and faithful lifetime, has held the esteem and respect of all those whom he came into association because of his sterling gentility, his admirable qualities and his lovely disposition, be it therefore RESOLVED, That the Georgia House of Representatives extend to the family of George W. Woodruff its deep and sincere expression of sorrow and our sympathy, and a testament of our knowledge that the State of Georgia will, as we do, that it has lost one of its valued and valuable citizens in the passing of George W. Woodruff. RESOLVED FURTHER, That a copy of this resolution be incorporated in the Journal of this body, with whom George W. Woodruff has so ably served, and a copy be sent to the family of this deceased former Representative. HR 6. By Mr. Campbell of Newton. A RESOLUTION WHEREAS, The State Board of Pardons and Paroles during the last regular session of the Legislature announced that the Board would not consider an application for clemency in a misdemeanor case, and, WHEREAS, The General Assembly of Georgia by joint resolution approved March 19, 1943 (Ga. Laws 1943, page 1718), directed the said board to consider applications for clemency in misdemeanor cases, and WHEREAS, the said board has adopted a rule permitting prisoners serving felony sentences to file an application for clemency after serving one-third of their
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sentence and on the other hand adopted a rule prohibiting a prisoner serving a misdemeanor sentence to apply until he has served at least six months of his sentence, which in most cases is more than one-half of his sentence; THEREFORE, BE IT RESOLVED by the House of Representatives, That the State Board of Pardons and Paroles be and they are hereby requested within twenty-four (24) hours to explain to the members of the House in writing why they have discriminated so flagrantly against persons serving misdemeanor sentences for the commission of minor crimes and have discriminated in favor of those serving sentences for heinous crimes. BE IT FURTHER RESOLVED, That they explain in writing within twenty-four (24) hours why they have not complied with the resolution adopted by the General Assembly and approved by the Governor on the 19th day of March, 1943, which has the force and effect of law. The following reports made to Governor Ellis Arnall by the President of the Senate and the Speaker of the House and the subcommittee of the House Committee on Penitentiary were submitted and ordered filed: REPORT to GOVERNOR ELLIS ARNALL on Prisons Conditions in Georgia and Southern States by HONORABLE FRANK GROSS President of the Senate and HONORABLE ROY HARRIS Speaker, House of Representatives GOVERNOR ELLIS ARNALL, ATLANTA, GEORGIA DEAR GOVERNOR: In accordance with your proclamation we have visited the States of Florida, South Carolina, North Carolina, Virginia, Kentucky, Tennessee, Alabama, Mississippi and Louisiana, and investigated and inspected their prison systems. In order that we might make an intelligent recommendation to you we went to the State Penitentiary at Tattnall, without anyone having any notice of our trip, and spent the day there. We found that considerable improvement has been made in Tattnall since the early part of the year. The prison morale is better than it was. The buildings are cleaner and better operated. The Farm Superintendent has done a swell job in making a crop when he started from scratch on the first of April. The head of the prison industries is making a desperate effort to reclaim them. However, a lot of
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valuable and necessary machinery and equipment was disposed of during the years 1941 and 1942 and, without additional equipment, he is now almost helpless. However, we found the worst system that we have seen anywhere. In every prison that we have visited the buildings were cleaner, the clothing of the prisoners was cleaner, and the morale of the prisoners was better. All of the prisoners who were not in the hospital in every other prison were at work. They all appeared to be clean personally, to have on clean clothing and to be in a pleasant frame of mind. In Tattnall we found them with dirty clothes, with ragged clothes and at least half of them idle and doing nothing. In Tattnall we found an Eight Ball Gang consisting of approximately twenty-five, wearing the most brutal leg irons to be imagined, complaining of being beaten and whipped almost daily, with an attitude of open defiance and threatening to strike and refuse to work. We found more than sixteen young men, of ages ranging from seventeen to less than thirty, laying in the bed with their heel strings cut. Each of them stated that the reason they cut their heel strings was because of the cruelty which they suffered and that it was the only means of escape for a time. Prisoners openly told us that a general uprising was brewing among the prisoners. In no other state did we find this condition. In no other state did we find leg irons. And, in no other state did the prisoners complain of floggings and beatings. In no other state did we find the prisoners generally sullen, bad tempered and talking of revolt. In every other state we found the prisoners busy, we found them clean, in good health and with every appearance of being well fed and cared for. In Georgia alone we found no intelligent effort being made to rehabilitate the prisoners and to fit them to return to civil life. This is especially bad in view of the fact that most of the inmates of the prison will automatically be returned to civil life some day at the expiration of the terms of their sentences. If the State does not make an intelligent effort to rehabilitate these men and women they will be criminals when they return to civil life and will finally wind up in the penitentiary again. The protection of the people of the State demands that something be done to try to rehabilitate these people. At the same time we find our prison system very costly. In 1942 it cost the State $363,216.32 to support Tattnall, $60,785.54 for prison administration and $401,699.55 to support the State Highway camps. In most of the States that we visited the prison industries and farms are so organized that they pay at least seventy-five (75%) per cent of the cost of operation. In some States they are entirely self-supporting and in Mississippi, through the coordination of the farm and prison industries the penal system paid into the State Treasury the sum of five hundred and forty thousand dollars in cash more than they took out for the last fiscal year. In making our recommendations we have endeavored to the best of our ability to set forth in detail a plan designed to rehabilitate as many of the prisoners as
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possible and to fit them to return to civil life as useful and decent citizens and to make them self-supporting while they are inmates of the prison and wards of the State. We recommend the following: (1) Prison management. That the Prison Commission be abolished. A regular feud has been going on among the members of the Commission for some time and they have been unable to cooperate with one another and coordinate their efforts. Instead of the present Prison Commission we recommend that the office of Director of the Department of Corrections be created. In our investigation we found that the most successful States have only one official in charge and that he serves at the pleasure of the Governor. We suggest the elimination of the name Prison for psychological reasons and that the department be known as the Department of Corrections in order to stress the rehabilitation of the prisoner in the best interests of the prisoner and the people of the State. Only the Legislature can abolish the Prison Commission and transfer the functions and duties to a Director of the Department of Corrections. In the meantime, the Governor should appoint a Director of Corrections to take over the prison activities in this State without waiting for Legislative action and a delay of eighteen months or more. For a Director someone should be selected who takes pride and pleasure in working to rehabilitate men and women who have violated the law. At the same time he should have executive ability and business experience necessary for the handling of a big enterprise and the vision to bring into practical operation a system of penal administration or corrections, which will aid instead of hinder the rehabilitation of fallen mankind and, at the same time inaugurate a plan and policy of making the inmates of the State's prison institution self-supporting. He should be given full charge of the activities and charged with full responsibility and held accountable for obtaining results. (2) Prison Activities. (a) General:We found at Tattnall 461 white men, 452 negro men, 108 white women and 237 negro women. The men's prison was built to accommodate three thousand five hundred prisoners and we found only a total of 913 there. Practically fifty per cent of this number are idle and spend their time in idleness. A large number of the idle are cripples, have some chronic ailment or are suffering from the effects of syphilis or tuberculosis. Most of them with the exception of those who have tuberculosis are able to do some kind of work and should be employed. There are 515 men in the State Road Camps. Most of them will be discharged at some time and, if they are not trained and rehabilitated while in prison, they will have only one life open to them after discharge and that is a life of crime and eventually return as a charge on the State. Proper work, feeding and medical care would improve their condition.
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At the women's prison we found a total of 345 women. Practically all of them are able to be employed at some kind of work and there is not to be found such a large number of cripples and chronics as among the men. Approximately seventy-five of the negro women are used on the farm. The others are employed attending a few chickens, in making of clothing, and cooking and cleaning the building. These activities leave most of them idle and without gainful employment. Those in charge of both the men's prison and women's prison apparently do not have sufficient vision and interest to devise methods of employment. (b) The Farm:The Farm Superintendent took over the farm the latter part of March. No plans had been made at that late date for this year's crops. Starting from scratch about the first of April he has done a good job to date. There are eight thousand acres in the farm. Approximately three thousand acres are under cultivation. The principal crops this year are cotton 220 acres, oats and hay 250 acres, vegetables 300 acres, sugar cane 80 acres, sweet potatoes 200 acres, irish potatoes 25 acres and corn 1800 acres. In addition, they expect to produce ten thousand dollars worth of turpentine products in working the pine trees. They now have 131 scrub beef cattle, 194 grade white-face beef cattle, 84 steers and heifers, 74 dairy cows and 40 dairy calves. There are 68 brood sows, 7 boars and approximately 400 meat hogs. They have a meat curing and cold storage plant and hogs are killed as fast as they grow to be number ones. They have no permanent pasture and are now building a 250 acre pasture and as soon as this one is completed another will be started. The farm superintendent says that in two years he can increase the herd of hogs until he can raise enough to feed two thousand inmates. In three years he can increase the beef cattle to produce enough to feed the same number of inmates, and in three years a dairy herd can be built up to produce the institution's requirements for milk and butter. We are of the opinion that at least two thousand acres should be put into permanent pastures immediately, that more land should be cultivated and that the farm should be made to produce all the feed required by the herds of cattle and hogs and all food that can be grown in Georgia to feed the inmates. A large poultry farm should be inaugurated immediately to produce chickens and eggs in large quantities for the inmates. The breeding stock of hogs and beef cattle should be increased and supplemented immediately. Milk cows for the dairy should be supplemented and increased immediately. They have a growing season of at least nine months out of the year at Tattnall and fine fertile land on which to grow crops. There is no reason why this farm should not produce all the fresh vegetables necessary to feed two or three thousand inmates in season and to can enough to last during the remainder of the year, all the fruits and melons, all the syrup, meal, pork, beef, dairy products, chickens and
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eggs, dried beans and peas, sweet potatoes, irish potatoes and feed for the chickens, hogs and cows and work animals, needed for consumption at Tattnall and then have large quantities to sell to other State institutions. In addition, it will be possible to grow cotton, peanuts and tobacco as money crops. If Tattnall isn't more than self-supporting in a period of three years it will be due to the lack of business ability and vision on the part of the supervising authority. (c) Industries. (1) Laundry:They seem to have a good laundry outfit at Tattnall and they seem to be doing a good job of what is done. However, not enough laundry work is done. The sheets on the beds were dirty and in some instances filthy. The clothing of the prisoners was dirty and not up to the standard of either repair or cleanliness that we found in other prisons. The laundry should be run night and day if necessary to keep the clothing of the inmates and the bed clothing clean. (2) Grist Mill:The farm superintendent reports that a grist mill has been requisitioned. One should be installed and the farm should produce and manufacture all of the corn meal and grits used and consumed at the prison and have some left over to sell to other State institutions. (3) Syrup Mill:They have a syrup mill on the farm. The farm should produce enough syrup to feed each inmate and to have a surplus to sell to other State institutions. (4) Canning and Dehydrating Plant:Tattnall has an up-to-date canning plant and one of the finest dehydrating plants to be found anywhere. The canning plant has a daily capacity of three thousand gallons. This year they have canned thirteen thousand gallons of vegetables. With the present prison population, fifty thousand gallons should be produced. The farm should grow and the canning plant produce enough canned vegetables to supply all the needs for a prison population two or three times the size of that at Tattnall now and have a surplus to sell the other State institutions. The dehydrating plant has been used very little and can be used for dehydrating an unlimited amount of vegetables and fruits for the use of the State institutions. (5) Cold Storage and Meat Curing Plant:They have a fine cold storage and meat curing plant at Tattnall and meats killed there seemed to be properly processed. They have the facilities for killing, storing and processing all of their meat requirements and the farm should be made to produce all of the meat requirements. The cold storage plant should be enlarged to take care of vegetables and potatoes. (6) Printing Plant:Tattnall has a fair printing plant. They need a linotype machine and various other equipment. In North Carolina the printing plant at the central penitentiary does two-thirds of all the State's printing. We saw them in operation and they do as fine a job as can be obtained at any other printing plant in the State. For the fiscal year ending June 30th, 1943, the printing plant in North
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Carolina earned $24,482.11. The printing was done for other State institutions and the regular rates for printing were charged. There is no reason why with additional equipment the same thing cannot be done in Georgia. If this is done it will aid the prison to become self-supporting and will give an opportunity to train the younger prisoners in the printing trade. It will help to rehabilitate the men and give them an opportunity to make a decent and honest living after returning to civil life. No intelligent person should object to a prisoner being so employed. It will be gainful and profitable to the State in terms of money and, at the same time, will help reclaim some of our derelicts of humanity. (7) Garment Factory:Some of the women at Tattnall are used in the making of a part of the clothing used by the prisoners. They only have a few sewing machines and this is their only equipment. A number of prisoners can be employed very profitably to both the State and themselves in the making of garments and a small garment factory should be installed in the women's prison and a large factory in the men's prison. It will teach a lot of the inmates a trade, keep them busy while they are in prison and will be profitable to the State. All of the clothing, sheets and pillow cases used by the prison institutions and the Milledgeville State Hospital should be produced at the women's and men's prisons. (8) Mattress Factory:They have a small machine for renovating mattresses at Tattnall. Most all of the mattresses there were absolutely filthy and should not be used by human beings anywhere. They are making a valiant effort with one little machine to recondition and reclaim these mattresses. New ticking and new cotton should be bought and equipment put in to manufacture new ones and to keep them reconditioned from time to time. A factory large enough to make all the mattresses needed by the penal system and at the Milledgeville State Hospital should be installed. (9) Sheet Metal Plant:They have a metal plant at Tattnall for the purpose of making automobile tags only. Prior to 1941 machinery was installed for doing all kinds of sheet metal work and they were engaged in the manufacture of metal furniture, metal filing cabinets, etc. A large storeroom is now filled with incompleted metal work in the process of construction at the beginning of 1941. All of the essential machinery was sold or loaned during 1941 and 1942 to private industries. We could find no record of the sale or loan. One machine worth eighteen thousand dollars alone was shipped to Oregon. In every State that we visited we found that the sheet metal plant was being operated with a profit to the State in making the things required by the State and its institutions. It teaches them a trade, keeps them busy and is a big factor in the rehabilitation of the men. In North Carolina the metal working plant at the central prison made a profit of forty thousand dollars for the last fiscal year. We recommend that this plant be restored and put in operation as soon as it is practical to do so. (10) Furniture Plant:They have a very small wood-working plant at Tattnall. They should have the machinery and equipment to make all of the wood furniture used by the State.
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(11) Paint Factory:We found a new building almost completed in January, 1941, to house a paint and soap factory. This building was built out of concrete blocks made on the grounds by the prisoners and was complete with the exceptions of a small portion of concrete flooring and the doors and windows. The building is still standing in the same shape and nothing has been done to it since January, 1941. The machinery for the making of the paint and soap had been purchased by the State, part of it had been installed in the new building and part was in the warehouse at Reidsville. Most of the machinery has disappeared since that time. Some of it is installed in the plant. This building should be completed by the convicts immediately and the machinery, if it can be found, located and installed, and, if it cannot be found, machinery should be purchased as soon as possible. Most of the states which we visited have a small paint factory and manufacture all of the paint used by the State and in one state they told us that they made a profit of twenty-five thousand dollars per year making the paint used in marking the center lines on the State Highway system alone. There is no reason why the prisoners at Tattnall cannot manufacture and make all of the paint used by the State and the other Departments of the State Government pay to the Prison Department the regular price for paint. (12) Soap Plant:Most of the States which we visited make their own soap and are doing a good job of it and find it very profitable. They not only make the soap used in the penal administration but they make soap for the other state institutions and make a good profit in the operation. (13) Shoe Factory:There is not even a repair plant at Tattnall for repairing the shoes of the convicts. Some of the States which we visited not only repair all of the shoes and use them several times but make all of the shoes used by the prisoners and in some instances they sell to the inmates of other State institutions. The prisoners at Tattnall could very easily make all of the shoes for the use of all of the prisoners in the State and the inmates of the Milledgeville State Hospital. (14) Tobacco Plant:Virginia, North Carolina and Tennessee each have a tobacco plant in which they make the chewing and smoking tobacco issued to the prisoners. This is a very inexpensive plant, teaches a new trade, encourages new industry and is very profitable to the State and we should have one at Tattnall. (15) Concrete Pipe:In January of 1941 the State had all of the machinery and equipment necessary for making concrete pipe used by the State Highway Department. This equipment was sold to a State Highway contractor at a very attractive price and is now gone. As soon as possible new equipment and machinery should be secured and the State at Tattnall should make all of the concrete pipe used by the State Highway Department. (16) Concrete Blocks:They have a machine at Tattnall for making large concrete blocks used in the construction of large and heavy buildings and they are making concrete blocks there now for the use of the prison.
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A machine for the making of small concrete blocks or concrete bricks should be secured and the buildings which need to be constructed should be constructed out of this material. A second-hand outfit is available and can be obtained at a reasonable price. (17) Machine Shop:There is a very small machine shop at Tattnall and the equipment is so little it is practically worthless and they are unable to do the necessary repair work on the machinery at Tattnall. The equipment necessary for the operation of a machine repair shop at least should be obtained and installed. (18) Cotton Mill:As soon as conditions permit a small cotton mill should be installed. The cotton should be raised and manufactured to make all of the necessary clothing used by the inmates of the penal system and by those confined at the Milledgeville State Hospital. In most all of the other States a cotton mill is operated and they find it to be profitable to the penal institutions and that it gives gainful employment to the prisoners. (19) Saw Mill:They have a saw mill at Tattnall and are now engaged in sawing lumber from trees on the place with which to construct needed buildings. (20) Construction and Repairs:There should be organized out of the inmates of the prison a construction group to construct all of the buildings and to make all of the repairs used and to be used by the prison system. It would also be possible to use this construction crew in constructing new buildings at other institutions from time to time. There are numerous other small industries which can be installed by the State and used to great advantage in rehabilitating the prisoners and enabling them to pay for their keep while incarcerated. The prison management should make an exhaustive study at the conclusion of the present war and organize a system of small prison industries so as to make the prison system self-supporting by manufacturing the things that are used by the various departments and activities of the State. Georgia does not have a proper balance between industry and agriculture and the training of some of these men as skilled workers in various industries should contribute to the proper industrialization of this State. (3) Prison Welfare:Under this heading we would like to recommend a few things which we believe will aid materially in the rehabilitation of the prisoner and in the making of a great many of them into useful citizens. The present system is depressing, is degrading and tends to break down the will of the prisoner to better himself. To put it in short the system of prison operation in this State takes away from a man all hope of rehabilitating himself and tends to destroy the ambition of the prisoner to reform and reclaim himself. The system should be so changed as to hold out some hope for the prisoner to improve his condition while in prison and to be able to return to civil life with a chance of becoming a decent, law-abiding citizen and it is with this view in mind that we make the following suggestions.
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(1) Personnel:The employee personnel of the prison should be such as to inspire the confidence of the prisoners. In the past we have had men in the position of guards and supervisors who were ignorant and of such type that the prisoners did not and could not respect them. As a matter of fact the administration of any penal system is dependent more upon the personnel of the supervisors than anything else. Governor Cooper of Tennessee told us that most any system was a good system with a good supervisory personnel and that no system was a good system with a poor personnel. (2) Punishment:The punishment at Tattnall has been by the creation of eight ball squads, by welding of leg irons with long picks on them on the ankles of the prisoners, by beating and flogging and, in some instances, by solitary confinement with a restricted diet. The use of leg irons and all corporal punishment tends to make men desperate and to cause them to lose all hope and then they become dangerous. In Georgia alone did we find this type of punishment and we recommend that all corporal punishment and the use of chains or leg irons of any kind or description be prohibited and forbidden. Punishment of a prisoner should be not at the whim of any guard or supervisor. Men lose their patience and the prisoners should not be punished except for a real and a just cause, and then after careful consideration by the warden in charge. We recommend that the only type of punishment permitted in Georgia be that of isolation with a restricted diet. (3) Stripes:We recommend that no prisoner be required to wear stripes except as for punishment for infraction of prison rules and regulations. (4) Hospital:We find a hospital at the men's prison at Tattnall with eighty beds and room for expansion. We find a modern, up-to-date operating room installed and a physician employed on a part-time basis. They have a small hospital at one end of the building at the women's prison with 20 beds and all operations on women prisoners are performed at the men's building. We recommend that a full-time physician be employed competent to look after the health and welfare of the prisoners. The health and physical appearance of the prisoners at Tattnall do not measure up to the health and physical appearance of the prisoners in other institutions that we visited. (5) Dentist:A part-time dentist is employed at the prison. He tells us that he does not have time in the short time he has at the prison to even catch up with his work. A large percentage of the prisoners show every evidence of bad teeth and this must of necessity affect their health and make them a burden upon the State and hinders the institution from being self-supporting. (6) Chaplain:We find that the State employs a full-time chaplain who is really just beginning his work. We did not have an opportunity to talk with him but he has made a good impression upon the officials and the prisoners. In addition to his regular services we are of the opinion that the chaplain should devote all of his spare time in an effort at the educational rehabilitation of the prisoners.
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Prison Administrators in every State which we have visited state that rehabilitation cannot be accomplished by regimentation and that it must be on a personal basis with each prisoner. Therefore, the chaplain should have time and should devote a great deal of his time to personal contact with the prisoners in an effort to aid in their rehabilitation. We recommend that a chapel be constructed at Tattnall where religious services can be held away from the prison atmosphere. Services now are held in one of the dining rooms. (7) School and Library:There are no schools of any kind operated for the prisoners. They have just started a library and it is woefully small and inadequate. It is boarded off in a corner of one of the dining rooms and the prisoners should have an opportunity to spend their spare time in reading good books, good magazines and the daily papers instead of sitting around with idle brains brooding over the hopelessness of their fate. There are long hours of the night and off time when prisoners who have no activities and nothing to do should be given an opportunity of keeping their minds busy by reading. It is our opinion that a large percentage of crime is due to ignorance and the inability of persons handicapped to earn a living for themselves. Consequently, they stray into the field of rackets and step across into activities which are forbidden by law. With their limited ability illegal activities hold out what to their minds is their only economic hope. If we are correct in this premise a lot of crime is due to false training and false information. If we are correct in these suppositions then it seems that every opportunity should be taken to remedy as best we can the situation and equip the prisoner to earn a living and to rehabilitate himself when his sentence expires or when he is paroled. Therefore, it is essential that we undertake to train the minds of men and women who are incarcerated in prison. In Tennessee the work day starts early in the morning and ends at four-thirty Central War time and after four-thirty until the lights are out at night every prisoner has an opportunity to go to school. In this school they have only one paid instructor and he is the principal in charge of the school. Other teachers are inmates. They teach everything from repairing radios to typewriting and shorthand. They operate schools for those who cannot read and write and they offer the regular courses prescribed for grammar and high schools. Approximately sixty per cent of the inmates at the central prison have voluntarily enrolled in these schools and they attend the schools during their off time from work after they have made a full day shift. We recommend that such a school be established at Tattnall and that an adequate library be furnished. (8) Segregation:At the men's prison at Tattnall the white men are segregated from the negro men. At the women's prison the white women are segregated from the negro women. First offenders are segregated from other prisoners and youthful
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offenders are also segregated in another class and kept separate. They have a pretty fair system of segregation in operation. However, there is one bad feature of this system. In many cases the first offenders are just as hard and desperate criminals as some who have violated the law several times. Therefore we think that the system of segregation should go further and should be based upon some system of intelligent classification. (9) Classification:The history, the background, and the personality of each prisoner should be carefully studied at a reception center when they are first admitted to the prison system and here they should be classified and distributed to different jobs in accordance with the type and character of the prisoner and in accordance with what he is best suited to do. Also it should be kept in mind in the system of classification the handling of a prisoner so as to teach him some trade and assure maximum results in rehabilitating him and fitting him to return to civil life at the conclusion of the term of his sentence or at the time of his parole. (10) Recreation:Saturday afternoons and Sundays are given the prisoners for recreation. However, they have no planned or supervised recreation. When they come from work in the daytime they are locked up in the cells or dormitories. After working hours and before bedtime they should be given an opportunity for recreation every day. Nothing will help their morale more than being given an opportunity to read, to go to school or to engage in some form of recreation. If an idle brain is a devil's workshop, certainly the brooding mind of a person incarcerated in prison is a fertile field for deviltry and this time should be occupied with some type of activity to be selected by the prisoner. (11) Gain Time:In most of the States visited by us there is provided by law an automatic reduction in the sentence of each man whose record of conduct shows that he has faithfully observed all of the rules of the prison and made a good prisoner. For instance, in Alabama for the first year there is an automatic reduction of five days for each month. From one to three years six days each month, from three to five years seven days per month and graduated likewise, to a maximum reduction of ten days for each month. In some of the States this gain time on long sentences runs as high as fifteen days per month and in the State of Tennessee good conduct alone can reduce a twenty-year sentence to ten years and five months. We recommend that a system of gain time be enacted into law at the next session of the Legislature and that the Parole Board institute some such system which they will recognize in applications for parole to be in effect between now and the convening of the next session of the Legislature. (12) Good Conduct CreditIn addition to the gain time provided by law some of the States add a few days each month for honor prisoners on account of excellent conduct. The gain time and the honor time hold out an inducement to a prisoner to rehabilitate himself and to adjust himself to living and working with other people. They instill in the minds of the prisoners a ray of hope instead of taking all hope from him and causing him to become desperate and decidedly antisocial.
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(13) Honor System:Most of these states have some kind of honor system. In most of them the prisoners are divided into three classes. In most of them they are rated in class A, B, and C. When he enters prison he is classed as a Class B prisoner. Then, he has opportunity to work himself either into a Class A prisoner, the honor grade, or into Class C. In Class A they are trusties and do not work under a gun. They have certain privileges that others do not have. In Class C they usually wear stripes and are given additional duties and they lose all of the gain and honor time they have accumulated. However, they have an opportunity after the end of a certain fixed period to work themselves back into Class B and when they get in Class B they have an opportunity within a certain definite length of time to work themselves into the A or honor class. We recommend that a similar system be inaugurated in the operation of the penitentiary system of this State. In this manner prisoners have an incentive to observe prison rules and to be good prisoners and to have an incentive to work diligently to improve their lot while in prison and to fit themselves to be decent citizens when they are discharged from prison. (14) Cooperation of the Parole Board:In our opinion there can be no intelligent prison administrative system in this State without the close cooperation of the Parole Board. For instance, under the law at the present time no credit for honor conduct or any gain time for making good prisoners can be automatically granted. We recommend that the Parole Board and the penal administration work out a system of gain time and honor time and that the Supervisor of the prison administration be authorized to certify in each case as to whether or not a prisoner is entitled to gain or honor and that the Parole Board should agree to abide by the decision of the prison administration official. This system should be inaugurated immediately and should be agreed to by the Parole Board and each prisoner notified of the terms of the system and of the fact that it will be recognized and enforced by the Parole Board. There are numbers of young girls and young boys at Tattnall prison. There are now seventy boys at Tattnall who are under the age of eighteen. The lowest is twelve years of age. Among this group are forty-one serving felony sentences and twenty-nine serving misdemeanor sentences. The most striking thing about the inmates of the women's prison is the number of young women either in their teens or their early twenties. It strikes us that there is a fertile field for the Parole Board among this group of young people. In one State which we visited they have kept a record of the parolees and those who have served their full sentences over a period of fifteen years. Prison officials in this state tell us that fifteen per cent of the parolees have come back and fifty-seven per cent of those who have served their full sentences have been repeaters and returned to the penitentiary. They say that this condition is due to the workings of the Parole system. They say that before a man is paroled that a bona fide job with a decent living wage is secured for him and that the home or place where he proposes to live is inspected and that he is turned out with a good place to live and a good job. Consequently the large percentage of parolees make good and do not again lead a life of crime.
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On the other hand they claim that those who serve their full sentences leave the penitentiary with a suit of clothes, a ticket to the place from which they were sentenced and five dollars in cash. When they apply for a job they must admit that they are just out of prison and consequently fail to secure a job. As soon as the five dollars is gone and they are unable to find a job they readily fall into some racket or into some criminal activity and in a short time a majority of them come back to prison for the State to take care of. In these times when there is a shortage of manpower the parole system has a much better opportunity to be successful than in times of financial stress. In these times jobs are easily found and these youthful first offenders can be easily placed in good jobs and amongst good living conditions. While we do not advocate the turning out of people from prison merely to aid the manpower shortage we believe that the ease with which jobs can be obtained for these people affords a much better opportunity to rehabilitate the prisoner than in ordinary times. These youthful first offenders can be more easily rehabilitated by getting them a job and a good home than by allowing them to serve their sentences and then turning them out without any jobs, without any homes, and without any prospects of securing a job at a decent living wage. Therefore, we hope that the Parole Board will exercise themselves to place these youthful offenders and give them an opportunity. If they fail they can be picked up by the arresting officers or by the Parole Supervisor and returned to serve the balance of their sentences. The same thing applies to a lot of first offenders who are in prison and we are of the opinion that by the exercising of the parole during times when jobs are plentiful that the maximum results can be secured from the parole. If these seventy young boys could be placed out under parole and if only fifteen per cent of them returned to prison on account of the violation of the terms of their paroles or on account of the violation of some other law it would be well worth the experiment to the people of Georgia. (15) We recommend that the next Legislature enact a law so as to authorize the prison administration to transfer persons sentenced to the penitentiary who are under the age of eighteen to the State reform schools, in his discretion, and to transfer them back to the penitentiary under such conditions as he may see fit. (16) Food:The prisoners at Tattnall seem to be well fed. However, they are not fed as well as at the average institution visited by us. While we only saw them eat one meal you can readily observe a man and tell whether or not he is well fed and they do not have the appearance of being well fed as in other places. We are of the opinion that the food could be better prepared. Prisoners always complain of the food. However, we think that more care should be devoted to the preparation of foods and to the cooking of foods and that the food at Tattnall should be greatly improved. With increased production of foodstuffs and a stricted supervision of the preparation we believe that the prisoner can easily be adequately fed with plenty of plain, ordinary food without any additional expense.
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Nothing affects the morale of a prisoner or any other class of people more readily than their food. If we expect to get competent work out of the prisoners and if we expect to rehabilitate them they must be well fed and well cared for. (4) State Camps:Most of the states visited by us do not maintain state road camps. Two or three of them do. None of them maintain road camps for construction purposes. The activities of the convicts are limited to maintenance. In each of these states they state that the camps have not been successful from a financial standpoint and they have been kept at a dead loss to the State. One or two of them claim that they are profitable now because they cannot get other labor at any price. However, we are of the opinion that the State road camps are not profitable to this State, that they are a burden financially and that their operation does not aid in the rehabilitation of the prisoners. Last year between five and six hundred prisoners cost the State Highway Department $401,679.55 for maintenance alone. We are of the opinion that the prisoners properly employed at Tattnall can be self-supporting and that they can be under conditions which will be more conducive to their rehabilitation. Therefore, we recommend the immediate abolishment of all the State road camps, and the transfer of the prisoners to Tattnall. Under the new plan of operations they will be needed. (5) County Camps:We recommend that the Director of the Department of Corrections promulgate rules and regulations for the operation of county camps. That he establish standards governing the employment of wardens and guards and schedules of pay. That he establish standards for meals to be fed to prisoners and require a strict compliance with them. That he also provide methods of punishment in keeping with this report. We recommend that the Legislature require grand juries of each county to regularly inspect and supervise the conduct of county camps and that the local grand jury be charged with the responsibility to see that the rules and regulations of caring for prisoners and the conduct of county camps be enforced. We also recommend that a strict system of supervision and regular inspection of county camps be maintained by the Director of the Department of Corrections. (6) Conclusion:We traveled into these States in a Highway Patrol car and the State furnished our transportation. We paid all our expenses. The Atlanta Journal sent Mr. C. E. Gregory with us and the Atlanta Constitution sent Mr. Lamar Q. Ball. They traveled with us in the State Patrol car and paid their own expenses. Their cooperation and their work on this trip was of inestimable value to us and to the State. Through their papers they have reported to the people of Georgia what we found in this State and in the other States which we visited and there is no finer report than we can make to you of the conditions in this State and in the other States than to refer you to their articles. We could not conclude this report in a better way than to do so in the words of Governor Cooper of Tennessee and Governor Johnston of South Carolina. Governor Cooper said, Treat a prisner fairly, feed him well and keep him busy and
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you will have a successful system. And, Governor Johnston said, If a Governor doesn't keep his eye closely on his prison system it will get away from him. And, we add to what these Governors have said, that there must be experienced and intelligent men in charge of all prison institutions who would rather see a man rehabilitated as a useful citizen than to keep him in prison. Respectfully submitted, FRANK C. GROSS, President of the Senate. ROY V. HARRIS, Speaker of the House. This September 14, 1943. TO HIS EXCELLENCY, THE GOVERNOR: We, the undersigned committee, have visited all the prison camps of the State including County and State. We found in the State a small group of camps, the management of which we wish to commend, while on the other hand we found the majority of the camps to be operating with inadequate buildings and equipment and without any regard to utilizing the lands in connection with the camp for the production of crops and livestock and under very poor management or supervision. By way of illustration, we found a few camps where the buildings were clean and adequate, where special attention was given to the cultivation and production of crops for the purpose of feeding the men a complete and balanced diet, including the production of cattle, hogs and poultry for use in the camp to such an extent that the camps were apparently self-sustaining. While on the other hand, we found many camps where the buildings and equipment were totally inadequate, the management grossly inefficient, and while there was ample land for the production of crops, livestock and poultry, no effort was being made to produce same and no apparent inclination on the part of the management or governing authorities in the county to encourage such. We found such evidence of cruel and inhumane treatment of prisoners on the part of certain wardens and guards such as the use of picks or leg irons, the use of improperly ventilated sweat boxes with grossly inadequate sanitary facilities, together with mistreatment of prisoners by so-called walking bosses who resort to the use of clubs, sticks and other brutal means of punishment. We found in many instances that such treatment of prisoners had definitely proven injurious to the prisoners' health and was certainly not conducive to the purpose of rehabilitation. With reference to the State Prison at Tattnall, the most apparent cause of unrest and dissension was obviously from the lack of proper employment in the prison, there being hundreds of prisoners walking around or aimlessly wandering through the prison with no apparent purpose in mind or duties to perform. We recommend that the Tattnall Prison give special attention to the development of such industries within the prison as to provide such necessary items used by the prison system or the State as practical. Without further endeavoring to burden the record with details, and after a careful and studied analysis of the case based on our investigation, we believe the
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first difficulty in connection with the administration of penal affairs in the State is the result of an almost complete lack of intelligent direction, therefore our studied conclusions in the matter are there should first be appointed a competent director of penal affairs with power to act, and that said director should have full and complete control of Tattnall Prison and all State prisons. That in connection with Tattnall Prison and prison farm that there be appointed under the supervision of said director a competent agricultural and livestock assistant whose duties would be to supervise the planning of crop and livestock production on the farm. That there be another assistant at the Reidsville Prison whose duties would be to see that the plans of the agricultural and livestock expert are carried out and the actual work accomplished. We further recommend that all convict camps, both State and County, be under the direct supervision of said director of penal affairs and that said director be in power to formulate certain rules, regulations and standards for the governing of said prison and camps which, in his opinion, would best serve the needs of the Georgia Prison System. And that he be empowered to require of the county authorities that they meet such standard or suffer the loss of all State prisoners, and that said director be also required to give special attention and consideration to the matter of producing agricultural and livestock products in the various camps, and to urge and require, where practical, the acquiring of a sufficient amount of land for the carrying on of such program in setting up said standard. We further recommend that the indiscriminate use in the camps of picks or leg irons on the prisoners, the present excessive use of sweat boxes, the striking or abusing of prisoners by either the wardens, the guards, or the walking bosses be positively prohibited on penalty of immediate discharge of such guilty person or persons. And that said director set up rules governing the humane punishment in the use of solitary confinement. In the event a director, as recommended, shall be appointed we further recommend that said director be empowered to institute a merit system providing suitable rewards for those prisoners who demonstrate efficiency in their work together with good behavior. In view of the foregoing recommendations and report, we further recommend that the Governor, in his discretion, take such steps as are deemed necessary in order to bring about the correction of the present system, keeping in mind the recommendations of this committee. JOHN L. MAVITY Chairman C. Z. HARDEN Vice-Chairman F. L. BAKER, JR. Secretary M. G. HICKS ROBERT M. HEARD Mr. Durden of Dougherty moved that the House do now adjourn until ten o'clock tomorrow morning, and the motion prevailed. The Speaker announced the House adjourned until tomorrow morning at ten o'clock.
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Representative Hall, Atlanta, Georgia. Wednesday, September 29, 1943. The House met, pursuant to adjournment, this day at 10 o'clock A. M., was called to order by the Speaker and opened with scripture reading and prayer by the Chaplain. The roll was called and the following members answered to their names: Adams Allison Alwood Anderson Baker Bates Battles Barfield Bargeron Bennett Bentley Boone Boynton Branch Brewton Bridges Broome Brunson Burnside Burton Bynum Caldwell Campbell of Newton Campbell of Polk Cannon Cates Chance Cheshire Clark Connell Copland Cowart Crummey Culpepper Curry Dallis Dalton Daves Deal Dorsett Dorsey Drake Dukes Dunn DuPree Durden Easler Edwards Ennis Etheridge Fisher Fortson Fussell Gardner Gaskins Gavin Gholston Giddens Gilbert Gillis Goldberg Gowen Graham Gray Grayson Greene of Jones Greene of Schley Guerry Guyton Hagan Hand Harden Hardy Hart of Quitman Hart of Thomas Hartness Hatchett Heard Hefner Herndon Hicks Hightower Hill of Clarke Hill of Troup Hogg Holley Hooks Horne Hubert Hurst Jennings of Sumter Jennings of Terrell Joiner Johns Johnson of Chattahoochee Johnson of Pike Johnston Jones Kelly of Thomas Kelly of Walker Kendrick Key Knabb Littlejohn Livingston Looper Mabry Malone Mankin Martin Mason Mavity Maund McCamy McCracken McEntire McIntosh
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McNall Medders Miller Mills Mims Minchew Mitchell Mixon Moate Moore of Baldwin Moore of Talliaferro Nicholson of Oconee Nicholson of Richmond Norman Odom Oliver Overby Padgett Pannell Parker Peck Pettit Phillips Pirkle Porter Powell Price Pruitt Ray Rees Reid Reynolds Riddlespurger Riley Roper Rossee Roughton Rountree Rowland Russell Salter Sharpe Sheppard Sills Smiley Smith of Carroll Smith of Muscogee Smith of Oglethorpe Smith of Washington Sparks Strickland Sumner Swint Thigpen Thomas Thompson Thrash Thurmond Turner Warnock Weaver Welch Wells of Ben Hill Wells of Telfair Whipple Wilbanks of Cherokee Wilbanks of Habersham Williams of Coffee Williams of Gwinnett Williams of Harris Willoughby Wilson Wright Yawn Mr. Speaker Mr. Gray of Houston, Chairman of Committee on Journals, reported that the Journal of yesterday's proceedings had been read and found correct. By unanimous consent, the reading of the Journal was dispensed with. The Journal was confirmed. The following message was received from the Senate through Mrs. Nevin, the Secretary, thereof: Mr. Speaker: The Senate has passed by the requisite constitutional majority the following bill of the Senate to wit: SB 1. By Senators Pittman of the 42nd, Forrester of the 44th, Foster of the 40th, Kennon of the 6th, Kennedy of the 2nd, Gross of the 31st, Atkinson of the 1st and Pope of the 7th. A Bill to repeal the Act of the General Assembly creating the State Board of Prisons (Ga. Laws 1943, pages 210-212); to abolish the State Board of Prisons; and for other purposes. The following message was received from the Senate through Mrs. Nevin, the Secretary, thereof:
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Mr. Speaker: The Senate has passed by the requisite constitutional majority the following resolutions of the Senate to wit: SR 2. By Senators Lester of the 18th, Pope of the 7th, and Simmons of the 8th. A Resolution commending the services performed by the Penitentiary Committees of the Senate and the House. Under the regular order of business, the following bills of the House were taken up for consideration and read the third time: HB 1. By Messrs. Harris of Richmond, Durden of Dougherty, Mavity of Walker, Mims of Miller, Heard of Elbert, Harden of Turner, Clark of Catoosa, Hagan of Screven, Connell of Lowndes, Gowen of Glynn, Phillips of Columbia, Baker of Floyd, Hicks of Floyd, Kelley of Walker, Broome of DeKalb, Dallis of Troup, Hart of Thomas, Burton of Lee, Jones of Grady, Hill of Clarke, Easler of Crawford, Nicholson of Oconee, Peck of Dade, Anderson of Wayne, Etheridge of Fulton, Branch of Tift, Welsch of Cobb, Goldberg of Coweta, Salter of Upson, Moore of Baldwin, McCamy of Whitfield, Caldwell of Troup, Looper of Dawson, Rossee of Putnam, Knabb of Charlton, Cannon of Rockdale, Hill of Troup, Sheppard of Heard, Littlejohn of Floyd, Grayson of Chatham, Pettit of Bartow, Adams of Wheeler, Mason of Morgan, Williams of Coffee, Daves of Dooly, Thomas of Chattooga, Hubert of DeKalb, Crummey of Wilcox, Key of Jasper, Drake of Seminole, and Mrs Mankin of Fulton. A Bill to be entitled an Act to repeal the Act of the General Assembly creating the State Board of Prisons (Georgia Laws 1943, pages 210-212); to abolish the State Board of Prisons; and for other purposes. By unanimous consent House Bill No. 1 was tabled. HB 2. By Messrs. Harris of Richmond, Durden of Dougherty, Mavity of Walker, Mims of Miller, Heard of Elbert, Harden of Turner, Clark of Catoosa, Hagan of Screven, Connell of Lowndes, Gowen of Glynn, Phillips of Columbia, Baker of Floyd, Hicks of Floyd, Kelley of Walker, Broome of DeKalb, Dallis of Troup, Hart of Thomas, Burton of Lee, Jones of Grady, Hill of Clarke, Easler of Crawford, Nicholson of Oconee, Peck of Dade, Anderson of Wayne, Etheridge of Fulton, Branch of Tift, Welsch of Cobb, Goldberg of Coweta, Salter of Upson, Moore of Baldwin, McCamy of Whitfield, Caldwell of Troup, Looper of Dawson, Rossee of Putnam, Knabb of Charlton, Cannon of Rockdale, Hill of Troup, Sheppard of Heard, Littlejohn of Floyd, Grayson of Chatham, Pettit of Bartow, Adams of Wheeler, Mason of Morgan, Williams of Coffee, Daves of Dooly, Thomas of Chattooga, Hubert of DeKalb, Crummey of Wilcox, Key of Jasper, Drake of Seminole, and Mrs. Mankin of Fulton. A Bill to be entitled an Act to create a State Department of Corrections, Director of Corrections, Commission of Corrections; to fix duties, powers
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and authorities thereof; to provide compensation, tenure and method of appointment; to authorize and direct certain penal reforms; to repeal conflicting laws; and for other purposes. Mr. Gowen of Glynn moved the previous question, the motion prevailed and the main question was ordered. The following amendments were read and adopted: Messrs. Fortson of Wilkes and Dunn of Lamar move to amend House Bill No. 2 as follows, to wit: 1. By striking therefrom Sections 4 and 5 in their entirety. 2. By renumbering the following sections accordingly. Mr. Fortson of Wilkes move to amend House Bill No. 2 by striking the phrase commission of corrections wherever it may appear in the title or in the body of House Bill No. 2. Messrs. Hatchett and Thompson of Meriwether move to amend House Bill No. 2 by adding to Section 8 of said bill a subsection to be known as Subsection (4a), to follow Subsection (4), as follows: (4a)County camps shall not be abolished provided they meet the minimum requirements of the rules and regulations promulgated by the Director of Corrections. Each county maintaining a county camp shall receive their quotas of convicts as now provided by law, and shall have the preference of prisoners sent up from such county in making up such quota. Mr. Hand of Mitchell moves to amend House Bill No. 2 by adding to Section 8, sub-paragraph 4, the words As soon as practical so that sub-paragraph 4 will read: State Highway Road camps shall be abolished as soon as practical. Messrs. Hatchett and Thompson of Meriwether move to amend House Bill No. 2 by striking Subsection 6 of Section 8 of said bill and inserting in lieu thereof the following, to be known as Subsection 6 of Section 8: (6) Central receiving stations for prisoners sentenced to the penitentiary shall be provided and established. All transportation expenses of prisoners to and from such receiving stations shall be paid by the State. Messrs. Hatchett and Thompson of Meriwether move to amend House Bill No. 2 by the addition of the following sentence to Subsection 7 of Section 8, to wit: This subsection shall not apply to county camps. Messrs. Hatchett and Thompson of Meriwether move to amend House Bill No. 2 by the addition of the following sentence to Subsection 8 of Section 8 of said bill, as follows: The provisions of this subsection shall not apply to county camps. Mr. Kendrick of Fulton moves to amend House Bill No. 2 as follows, to wit: By striking from Section 8 thereof and inserting a new subsection 8 to read as follows:
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(8) Industrial equipment shall be installed and utilized for the purpose of providing equipment and supplies to the State but the theory of prison work shall be based on occupational and vocational training and not on business conducted for profit or in competition with private enterprise and free labor. Mr. Sharpe of Toombs moves to amend subsection 13 of Section 8 of House Bill No. 2 by adding at the end of said subsection when amended will read as follows: A system shall be instituted whereby honor prisoners may earn a small per diem for their work not to exceed 25 cents per day. Mr. Dorsey of Cobb moves to amend House Bill No. 2 by striking therefrom Section 9 in its entirety. Mr. Harris of Richmond moves to amend House Bill No. 2 by adding a new section to be known as Section 9 and to read as follows, to wit: The State Purchasing Agent and all Departments of the State Government shall purchase from the Department of Corrections such supplies and materials as may be produced by said Department. The report of the Committee which was favorable to the passage of the bill, was agreed to, as amended. Mr. Sharpe of Toombs moved the ayes and nays on the passage of the bill, and the motion prevailed. The roll call was ordered and the vote was as follows: Those voting in the affirmative were: Allison Alwood Anderson Baker Bates Barfield Bargeron Bennett Boynton Brewton Bridges Broome Brunson Burnside Bynum Caldwell Cannon Cates Cheshire Clark Connell Copland Cowart Crummey Curry Dallis Dalton Daves Deal Dorsett Dorsey Drake Dunn DuPree Durden Easler Ennis Etheridge Fortson Fussell Gardner Gaskins Gavin Giddens Gilbert Gillis Goldberg Gowen Graham Greene of Schley Guerry Guyton Hagan Hand Harden Hardy Hart of Quitman Hart of Thomas Heard Hefner Herndon Hicks Hightower Hill of Troup Hogg Holley Hooks Hubert Hurst
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Jennings of Terrell Joiner Johns Johnson of Chattahoochee Johnson of Pike Johnston Jones Kelly of Thomas Kelly of Walker Kendrick Key Knabb Littlejohn Looper Mabry Mankin Martin Mason Mavity Maund McCamy McCracken McEntire McIntosh McNall Medders Miller Mims Minchew Mitchell Mixon Moate Moore of Taliaferro Nicholson of Oconee Nicholson of Richmond Norman Oliver Overby Parker Peck Pettit Phillips Pirkle Powell Price Pruitt Ray Rees Reid Reynolds Roper Rossee Rountree Russell Salter Sharpe Sheppard Sills Smiley Smith of Carroll Smith of Muscogee Smith of Oglethorpe Smith of Washington Sparks Sumner Thomas Thompson Thrash Thurmond Turner Warnock Welch Wells of Ben Hill Wells of Telfair Whipple Wilbanks of Habersham Williams of Coffee Willoughby Those voting in the negative were: Battles Bentley Boone Campbell of Newton Campbell of Polk Chance Edwards Gholston Gray Hartness Livingston Mills Odom Padgett Pannell Riley Roughton Rowland Strickland Weaver Wilbanks of Cherokee Williams of Gwinnett Williams of Harris Wilson Yawn Those not voting were: Adams Alexander Bowen Branch Burton Culpepper Dukes Dyal Elliott Ferguson Fisher Foster Gaston Grayson Greene of Jones Hatchett Hill of Clarke Horne Howard Jennings of Sumter Malone
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Moore of Baldwin Ogburn Park Porter Riddlespurger Smith of Dougherty Swint Thigpen Waller Woodruff Wright Mr. Speaker By unanimous consent the verification of the roll call was dispensed with. On the passage of the bill as amended, the ayes were 147, the nays 25. The bill having received the requisite constitutional majority was passed as amended. By unanimous consent, House Bill No. 2 was ordered immediately transmitted to the Senate. By unanimous consent the following bill of the Senate was read the first time and referred to the Committee: SB 1. By Senators Pittman of the 42nd, Forrester of the 44th, Foster of the 40th, Kennon of the 6th, Kennedy of the 2nd, Gross of the 31st, Atkinson of the 1st, and Pope of the 7th. A Bill to be entitled an Act to repeal the Act of the General Assembly creating the State Board of Prisons (Ga. Laws 1943, pages 210-212); to abolish the State Board of Prisons; and for other purposes. Referred to the Committee on State of Republic. Mr. Branch of Tift County, Chairman of the Committee on Engrossing, submitted the following report: Mr. Speaker: Your Committee on Engrossing has examined, found properly engrossed and ready for transmission to the Senate the following bill of the House, to wit: House Bill No. 2. Respectfully submitted, Branch of Tift, Chairman. Mr. Durden of Dougherty moved that the House do now adjourn until 11 o'clock tomorrow morning, and the motion prevailed. The Speaker announced the House adjourned until tomorrow morning at 11 o'clock.
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Representative Hall, Atlanta, Georgia. Thursday, September 30, 1943. The House met, pursuant to adjournment, this day at 11 o'clock A. M., was called to order by the Speaker and opened with scripture reading and prayer by Rev. Frederick Smith, Pastor of the Lawrenceville Baptist Church of Lawrenceville, Georgia. The roll was called and the following members answered to their names: Adams Allison Alwood Anderson Baker Bates Battles Barfield Bargeron Bennett Bentley Boone Boynton Branch Brewton Bridges Broome Brunson Burnside Burton Bynum Caldwell Campbell of Newton Campbell of Polk Cannon Cates Chance Cheshire Clark Connell Copland Cowart Crummey Culpepper Curry Dallis Dalton Daves Deal Dorsett Dorsey Drake Dukes Dunn DuPree Durden Easler Edwards Elliott Ennis Etheridge Fisher Fortson Fussell Gardner Gaskins Gavin Gholston Giddens Gilbert Gillis Goldberg Gowen Graham Gray Grayson Greene of Jones Greene of Schley Guerry Guyton Hagan Hand Harden Hardy Hart of Quitman Hart of Thomas Hartness Hatchett Heard Hefner Herndon Hicks Hightower Hill of Clarke Hill of Troup Hogg Holley Hooks Horne Howard Hubert Hurst Jennings of Sumter Jennings of Terrell Joiner Johns Johnson of Chattahoochee Johnson of Pike Johnston Jones Kelly of Thomas Kelly of Walker Kendrick Key Knabb Littlejohn Livingston Looper Mabry Malone Mankin Martin Mason Mavity
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Maund McCamy McCracken McEntire McIntosh McNall Medders Miller Mims Minchew Mitchell Mixon Moate Moore of Baldwin Moore of Taliaferro Nicholson of Oconee Nicholson of Richmond Norman Oliver Overby Padgett Pannell Parker Peck Pettit Phillips Pirkle Porter Powell Price Pruitt Ray Reid Reynolds Riddlespurger Riley Roper Rossee Roughton Rountree Rowland Russell Salter Sharpe Sheppard Sills Smiley Smith of Carroll Smith of Muscogee Smith of Oglethorpe Smith of Washington Sparks Strickland Sumner Swint Thigpen Thomas Thompson Thrash Thurmond Turner Warnock Weaver Welch Wells of Ben Hill Wells of Telfair Whipple Wilbanks of Cherokee Wilbanks of Habersham Williams of Coffee Williams of Gwinnett Williams of Harris Willoughby Wilson Wright Yawn Mr. Speaker Mr. Mixon of Irwin, acting Chairman of the Committee on Journals, reported that the Journal of yesterday's proceedings had been read and found correct. By unanimous consent, the reading of the Journal was dispensed with. The Journal was confirmed. By unanimous consent, the following was established as an order of business during the first part of the period of unanimous consents: (1) Reports of Standing Committees. (2) Second reading of bills and resolutions, favorably reported. Mr. McCracken of Jefferson County, Chairman of the Committee on State of Republic, submitted the following report: Mr. Speaker: Your Committee on State of Republic have had under consideration the following Bill of the Senate and have instructed me as Chairman, to report the same back to the House with the following recommendations:
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SB 1. Do Pass. Respectfully submitted, McCracken of Jefferson, Chairman. By unanimous consent, the following bill of the Senate, favorably reported, was read the second time: SB 1. By Senators Pittman of the 42nd, Forrester of the 44th, Foster of the 40th, Kennon of the 6th, Kennedy of the 2nd, Gross of the 31st, Atkinson of the 1st, and Pope of the 7th. A Bill to be entitled an Act to repeal the Act of the General Assembly creating the State Board of Prisons (Ga. Laws 1943, pages 210-212); to abolish the State Board of Prisons; and for other purposes. The following resolutions of the Senate and House were read and adopted: SR 2. By Senators Lester of the 18th, Pope of the 7th, and Simmons of the 8th. A RESOLUTION WHEREAS, The Penitentiary Committees of the Senate and the House carrying out one of its functions as a Committee, and further in compliance with the urgent request of the Governor, have performed a most valuable service to the State by making a thorough investigation of the penal insstitutions in the State, and WHEREAS, The General Assembly and the people of the State have had the benefit of a study of the penal system of other southern states by the Honorable Frank Gross, President of the Senate, and the Honorable Roy V. Harris, Speaker of the House of Representatives, their report to the Governor being of great help to the members of the General Assembly through the information obtained from such study and the recommendations made by them in their report, and WHEREAS, said investigation has brought to light and laid bare the unwholesome and repulsive conditions existing in the state prisons and in some of the public work camps, and WHEREAS, the members serving on such Committees have traveled into every county in the State in order that this complete investigation and the report of their findings could be made, NOW, THEREFORE, BE IT RESOLVED by the Senate, the House concurring, That the General Assembly express to such Committees, together with each member of the same and to the Honorable Frank Gross, President of the Senate, and Honorable Roy V. Harris, Speaker of the House of Representatives, their sincere appreciation for their effective and faithful public service in making such investigation and study. BE IT FURTHER RESOLVED, by the Senate, the House concurring, That we commend each member of these Committees and the Honorable Frank Gross, President of the Senate, and Honorable Roy V. Harris, Speaker of the House of Representatives, for their complete and thorough study that they made of the penal institutions of this State together with the other southern states.
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HR 7. By Messrs. Pettit of Bartow, Littlejohn of Floyd, and Harris of Richmond. A RESOLUTION WHEREAS, the Chairman of the Committee on Penitentiary of the House was authorized to appoint a committee of nine (9) to constitute a special investigating committee to inspect the penitentiaries and prison camps in Georgia, and, WHEREAS, by resolution of this House their service was limited to thirty (30) days, and WHEREAS, the operation of the new prison system which is inaugurated at this session of the Legislature should be kept under careful surveillance by the legislative branch of the Government. THEREFORE BE IT RESOLVED by the House that said sub-committee of nine (9) be and they are hereby authorized to continue to function from now until the next regular session of the Legislature at such times as a majority of said sub-committee of nine (9) deem wise and necessary. BE IT FURTHER RESOLVED, That when in actual service said members shall draw per diem and actual expenses to be approved by the Chairman of the Committee. The Speaker presented to the House Honorable Everett Millican, Senator from the 52nd District, to announce that passes to the Southeastern Fair will be distributed to the members of the House by the Fulton delegation after adjournment. Mr. Thurmond of Hall arose on the point of personal privilege and addressed the House. Pursuant to the provisions of House Resolution No. 6, the following was submitted by the State Board of Pardons and Paroles, read and ordered filed: TO THE HONORABLE SPEAKER, ROY V. HARRIS, AND MEMBERS OF THE HOUSE OF REPRESENTATIVES: Pursuant to the Resolution adopted by the House of Representatives on September 28, 1943, requesting an explanation with reference to parole in misdemeanor cases, the State Board of Pardons and Paroles respectfully submits the following portions of the Act creating this Board and pertinent sections from our Policies, Rules and Regulations: First: Section 23 of Senate Bill Number Five reads: The Board may adopt and promulgate rules and regulations, not inconsistent with the provisions of this Act, touching all matters herein dealt with, including, among others, the practice and procedure in matters pertaining to paroles, pardons, probations and remission of fines and forfeitures. Second: In compliance with this provision and the Resolution of the General Assembly of Georgia of March 19, 1943, directing the Board to consider applications in misdemeanor cases, eligibility rules were adopted by the
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Board, as shown on page 5 of the attached copy of our Policies, Rules and Regulations. We quote as follows: Misdemeanor Cases Prisoners serving a misdemeanor sentence become eligible for parole consideration, upon application, after completion of six months of the sentence imposed, without good time. Felony Prisoners Persons convicted of a felony will become eligible for parole consideration upon completion of service of one-third of the minimum sentence, without good time. This ruling also applies to flat sentences. A MINIMUM OF SIX MONTHS SHOULD BE SERVED IN ALL CASES BEFORE A PRISONER IS ELIGIBLE FOR PAROLE CONSIDERATION. With further reference to the eligibility rules, the Board's policy is as follows: Rules covering eligibility consideration are subject to exception. The Board will consider any showing made by the prisoner or his representative, in writing, as to why his case should be considered prior to the eligibility date. If the prisoner has an attorney or representative who desires a hearing, one will be granted by the Board, upon request, on the first or third Tuesday of any month. For further exception to the general eligibility rule of six months, we respectfully call attention to our section on Commutation, which reads as follows: In presuming that all court sentences are fair, correct and just, the policy of the State Board of Pardons and Paroles is to respect and uphold judgments of the court. However, the Board will consider the reduction of a sentence imposed under its commutation powers when (1) a statement is received from the trial judge, certifying that in his opinion the sentence imposed was excessive; (2) when sufficient evidence is submitted to the Board which clearly indicates the sentence is unreasonable and excessive; or (3) whenever it can be shown to the satisfaction of the Board that commutation of the sentence would be for the best interest of society and the one convicted. In further explanation, the State Board of Pardons and Paroles wishes to state that it has endeavored to administer the provisions of the Bill creating the Board and also the Senate Resolution of March 19, 1943, on an impartial and strictly meritorious basis, both in felony and misdemeanor cases. All applications for parole in misdemeanor cases have been investigated and considered in accordance with the rules and regulations promulgated by this Board. The State Board of Pardons and Paroles feels that the question presented by the House of Representatives is fully answered by the quotations from the Policies, Rules and Regulations adopted by this Board. However, if further explanation is needed in any particular, the Board will be happy to submit same upon request. If this rule is working a hardship or injustice, we will be glad to consider modifying the regulation.
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GIVEN UNDER THE HAND AND SEAL of the State Board of Pardons and Paroles, this September 29, 1943. STATE BOARD OF PARDONS AND PAROLES EDWARD B. EVERETT G. C. BYARS HELEN WILLIAMS COXON [Seal] Mr. Durden of Dougherty moved that the House do now adjourn until 10 o'clock tomorrow morning, the motion prevailed and the Speaker announced the House adjourned until Friday morning at 10 o'clock.
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FRIDAY, OCTOBER 1, 1943 Representative Hall, Atlanta, Georgia. Friday, October 1, 1943. The House met, pursuant to adjournment this day at 10 o'clock A. M., was called to order by the Speaker, opened with scripture reading by Rev. Frederick Smith, Pastor of the Lawrenceville Baptist Church, Lawrenceville, Georgia, and prayer by Rev. J. Frank Barton, Pastor of the Chamblee Baptist Church, Chamblee, Georgia. The roll was called and the following members answered to their names: Adams Allison Alwood Anderson Baker Bates Battles Barfield Bargeron Bennett Bentley Boone Boynton Branch Brewton Bridges Broome Brunson Burnside Burton Bynum Caldwell Campbell of Newton Campbell of Polk Cannon Cates Chance Cheshire Clark Connell Copland Cowart Crummey Culpepper Curry Dallis Dalton Daves Deal Dorsett Dorsey Drake Dukes Dunn DuPree Durden Easler Edwards Elliott Ennis Etheridge Fisher Fortson Fussell Gardner Gaskins Gavin Gholston Giddens Gilbert Gillis Goldberg Gowen Graham Gray Grayson Greene of Jones Greene of Schley Guerry Guyton Hagan Hand Harden Hardy Hart of Quitman Hart of Thomas Hartness Hatchett Heard Hefner Herndon Hicks Hightower Hill of Clarke Hill of Troup Hogg Holley Hooks Horne Howard Hubert Hurst Jennings of Sumter Jennings of Terrell Joiner Johns Johnson of Chattahoochee Johnson of Pike Johnston Jones Kelly of Thomas Kelly of Walker Kendrick Key Knabb Littlejohn Looper Mabry Malone Mankin Martin
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Mason Mavity Maund McCamy McCracken McEntire McIntosh McNall Medders Miller Mims Minchew Mitchell Mixon Moate Moore of Baldwin Moore of Talliaferro Nicholson of Oconee Nicholson of Richmond Norman Oliver Overby Padgett Pannell Parker Peck Pettit Phillips Pirkle Porter Powell Price Pruitt Ray Rees Reid Reynolds Riddlespurger Riley Roper Rossee Roughton Rountree Rowland Russell Salter Sharpe Sheppard Sills Smiley Smith of Carroll Smith of Muscogee Smith of Oglethorpe Smith of Washington Sparks Strickland Sumner Swint Thigpen Thomas Thompson Thrash Thurmond Turner Warnock Weaver Welch Wells of Ben Hill Wells of Telfair Whipple Wilbanks of Cherokee Wilbanks of Habersham Williams of Coffee Williams of Gwinnett Williams of Harris Willoughby Wilson Wright Yawn Mr. Speaker Mr. McCracken of Jefferson, acting Chairman of the Committee on Journals, reported that the journal of yesterday's proceedings had been read and found correct. By unanimous consent, the reading of the journal was dispensed with. The journal was confirmed. The following resolutions of the House were read and adopted: HR 8. By Messrs. Culpepper of Fayette and Clarke of Catoosa. A RESOLUTION WHEREAS, The Honorable Frank Gross, President of the Senate, and the Honorable Roy Harris, Speaker of the House of Representatives, did, at the request of the Governor, make a careful survey of the prisons of Georgia and of surrounding Southern States for the purpose of determining what reforms could be instigated in the State of Georgia's prisons, and WHEREAS, These officials of the General Assembly of Georgia performed yeoman service and gathered information and made recommendations that are and will be of incalculable value to the proper administration of our prison system, and
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WHEREAS, These gentlemen have personally borne certain expenses in connection with these trips and for which they have refused to request reimbursement, IT IS THEREFORE RESOLVED, by the House of Representatives and the Senate concurring, That the Honorable Frank Gross and the Honorable Roy Harris be hereby directed to present their bills for per diem and expenses incurred while performing the aforementioned work to the State Auditor for payment and the State Auditor is hereby authorized to pay such expense and bills from such funds as there is appropriated for the expense of the General Assembly. HR 9. By Mr. Sharpe of Toombs. A RESOLUTION WHEREAS, The Public Service Commission does not have sufficient space available to provide adequate and comfortable quarters for a hearing room, and WHEREAS, It is necessary for persons appearing before the Public Service Commission to congregate in the corridors of the Capitol with no seating facilities at such hearings, it is THEREFORE RESOLVED, by the House of Representatives and the Senate concurring, That the responsible officials of the State be hereby requested to renovate the building recently acquired by the State under lease so that adequate quarters for the Public Service Commission may be available. HR 10. By Messrs. Key of Jasper, Mims of Miller, Drake of Seminole, and Herndon of Hart. A RESOLUTION WHEREAS, The Honorable E. L. Bowen of the County of Pierce has been absent from this session on account of the serious illness of his wife; WHEREAS, The presence of Judge Bowen as well as the wisdom of his counsel has been greatly missed by this body, and, BE IT RESOLVED, That the House extend to him its regrets, its sympathy and express to him a desire for a speedy recovery for his wife; BE IT FURTHER RESOLVED, That a copy of this Resolution be forwarded to Judge Bowen by the Clerk. HR 11. By Messrs. Hagan of Screven, Burnside of McDuffie and Ray of Warren. A RESOLUTION WHEREAS, There is considerable dissension among certain of the officers and enlisted men of the Georgia State Guard and many of the District and Unit officers, as well as enlisted men have resigned in protest of a proposed reorganization of said Guard into Battalions; and WHEREAS, The resignation of certain District officers has been requested by the Headquarters Staff of the Guard, which has been held to be illegal by the Attorney General of Georgia, and
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WHEREAS, It is believed it would be to the best interest of the State of Georgia that an investigating committee composed of members of the Military Affairs Committee be authorized to make an investigation into the functions of the Georgia State Guard; THEREFORE, BE IT RESOLVED by the House that the Chairman of the House Military Affairs Committee be authorized to appoint a Committee of six (6) to constitute a special investigating committee to investigate into the operation and functions of the State Guard; that sub-committee be authorized to function for a period of time not to exceed thirty (30) days, at such time as the Chairman may call upon said sub-committee to function; BE IT FURTHER RESOLVED, That when in actual service said members shall draw per diem and actual expenses to be approved by the Chairman of the Committee. Mr. Branch of Tift County, Chairman of the Committee on Engrossing, submitted the following report: Mr. Speaker: Your Committee on Engrossing has examined, found properly engrossed and ready for transmission to the Senate the following resolution of the House to wit: House Resolution No. 8, and House Resolution No. 9 Respectfully submitted, Branch of Tift, Chairman. Under the regular order of business, the following bill of the Senate was taken up for consideration and read the third time: SB 1. By Senators Pittman of the 42nd, Forrester of the 44th, Foster of the 40th, Kennon of the 6th, Kennedy of the 2nd, Gross of the 31st, Atkinson of the 1st, and Pope of the 7th. A bill to be entitled an Act to repeal the Act of the General Assembly creating the State Board of Prisons (Ga. Laws, 1943, pp. 210-212); to abolish the State Board of Prisons; and for other purposes. Mr. Gowen of Glynn moved the previous question. The motion prevailed and the main question was ordered. The following substitute to Senate Bill No. 1 was read and adopted: By Messrs. Hicks of Floyd and McCracken of Jefferson. A BILL TO BE ENTITLED an act to repeal the Act of the General Assembly creating the State Board of Prisons (Ga. Laws 1943, pp. 210-212); to abolish the State Board of Prisons; to abolish the officers of all members of the present State Board of Prisons to which they or any of them may have been elected for a current term by whatever name their office antecedent to the creation of the State Board of Prisons may have been designated; and for other purposes.
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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA SECTION 1 The Act of the General Assembly of Georgia approved February 2, 1943, creating and establishing the State Board of Prisons (Ga. Laws 1943, pp. 210-212) be, and the same is, hereby repealed in its entirety, and the State Board of Prisons is hereby abolished. SECTION 2 The offices of all of the members of the present State Board of Prisons, to which they or any of them have been elected for a current term whether as members of the State Board of Prisons or any office antecedent thereto, by whatever name designated, are hereby abolished. SECTION 3 All laws and parts of laws in conflict with this Act be and the same are hereby repealed. The report of the Committee, which was favorable to the passage of the bill, was agreed to by substitute. On the passage of the bill, by substitute, the ayes were 113, the nays 15. The bill having received the requisite constitutional majority was passed by substitute. The following members of the House requested that they be recorded as voting against Senate Bill No. 1: Messrs. Bentley of Upson, Boone of Wilkinson, Pannell of Murray and Yawn of Dodge. The following resolution of the House was read and adopted: HR 12. By Mr. Harris of Richmond. A resolution providing for a sub-committee of five of the Committee on Auditing, to be named by the Chairman of the Committee, be and they are hereby authorized to stay over for a period of three days after the adjournment of this session for the purpose of auditing the accounts of the House and that they draw their usual per diem for this three day period. The Speaker presented to the House the Honorable W. R. Smith of Nashville, Georgia, Judge of the Alapaha Judicial Circuit, and the Honorable Theo Reeves of Columbus, Georgia, who addressed the House. The House recessed subject to the call of the Speaker. The Speaker called the House to order. The following message was received from the Senate through Mrs. Nevin, the Secretary thereof: Mr. Speaker: The Senate has passed as amended by the requisite constitutional majority the following bill of the House to wit:
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HB 2. By Messrs Harris of Richmond, Durden of Dougherty and others. A Bill to be entitled an Act to create a State Department of Corrections and Director of Corrections; to fix duties, powers and authorities thereof; to provide compensation, tenure and method of appointment; to authorize and direct certain penal reforms; to repeal conflicting laws; and for other purposes. The following bill of the House was taken up for the consideration of the Senate Amendments thereto: HB 2. By Messrs. Harris of Richmond, Durden of Dougherty, Mavity of Walker, and others. A bill to be entitled an Act to create a State Department of Corrections and Director of Corrections; to fix duties, powers and authorities thereof; to provide compensation, tenure and method of appointment, to authorize and direct certain penal reforms; to repeal conflicting laws; and for other purposes. The following Senate Amendments to House Hill No. 2 were read: Senator Bloodworth of the 22nd moves to amend HB 2 by adding thereto two new sections to be inserted between Sections 10 and 11 and to be known as Sections 11 and 12 and to change Section 11 to Section 13, said two new sections to read as follows: SECTION 11 The Commission of Corrections shall be comprised of the present members of the State Board of Prisons who are hereby designated members of, and shall automatically become and comprise the Commission of Corrections and until January 1, 1944, at the same salary each now receives, and in lieu of his salary as a member of the State Board of Prisons. The duties of the Commission of Corrections shall be advisory to the Director of Corrections. The Commissioners of Corrections shall carry out all orders, instructions and directions of the Director and shall cooperate with him at all times in effectuating a coordinated program of wise and intelligent prison administration. SECTION 12 The tenure of said Commissioners of Corrections herein provided for shall expire on December 31, 1943, and no successors shall be appointed. Mr. Harris of Richmond moved that the House agree to this Amendment to House Bill No. 2. On the motion to agree to the Senate Amendment the ayes were 105, the nays 9 and the Senate Amendment was agreed to. The following members requested that they be recorded as voting for the above Amendment: Messrs. Weaver and Wilson of Bibb and Sills of Candler.
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Mr. Goldberg of Coweta requested to be recorded as voting against the above Amendment. Senator Bloodworth of the 22nd moves to amend HB 2 by adding at the end of Section 1, the words and a Commission of Corrections. Mr. Harris of Richmond moved that the House agree to the above Senate Amendment to House Bill No. 2. On the motion to agree to the Senate Amendment the ayes were 105, the nays 9, and the Senate Amendment was agreed to. Senator Simmons of the 8th moves to amend HB 2, Section 3, line 3, by striking the words and figures six thousand and inserting in lieu thereof the words and figures seven thousand. Mr. Harris of Richmond moved that the House agree to the above Senate Amendment to House Bill No. 2. On the motion to agree to the Senate Amendment the ayes were 73, the nays 46. The Amendment having failed to receive the requisite majority, the Amendment was therefore disagreed to. Committee on Penitentiary moves to amend House Bill 2, Section 6, Paragraph (3) by adding after the word regulations the following: Provided, however, that in those counties where stripes have been worn by prisoners in the past, the authorities can continue the practice of the wearing of stripes by prisoners for a period of time not later than June 1, 1944. Mr. Harris of Richmond moved that the House agree to the above Senate Amendment to House Bill No. 2. On the motion to agree to the Senate Amendment the ayes were 115, the nays 0, and the Senate Amendment was agreed to. Committee on Penitentiary moves to amend HB 2 by striking therefrom subsection 4a of Section 6 and substituting in lieu thereof the following; subsection 4a: County camps shall not be abolished provided they meet the minimum requirements of the rules and regulations promulgated by the Director of Corrections. Each county maintaining a county camp shall receive their quota of convicts as now provided by law and shall have the preference of prisoners sent up from such county in making up such quota provided the said prisoners are not needed to operate the State Prison. Mr. Harris of Richmond moved that the House agree to his Senate Amendment to House Bill No. 2. On the motion to agree to the Senate Amendment, the ayes were 113, the nays 3, and the Senate Amendment was agreed to. Committee on Penitentiary moves to amend HB 2, Section 6, Paragraph (10) by adding a new sentence after the word established reading as follows: The various wardens, guards, and other employees in county correctional institutions coming under the provisions of this act shall be chosen by the proper county officials, subject to the approval of the Director of Corrections, and the salaries of such employees shall be fixed by the proper county authorities.
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Mr. Harris of Richmond moved that the House agree to the above Senate Amendment to House Hill No. 2. On the motion to agree to the Senate Amendment the ayes were 116, the nays 0, and the Senate Amendment was agreed to. Committee on Penitentiary moves to amend HB 2, Section 6, Paragraph (11) by striking out the words educational and recreational in line one, and adding a new paragraph to be known as (11-A) and reading as follows: Opportunity for reasonable educational and recreational activities, where practical, shall be offered to such inmates of the institutions as may desire them, the expense in connection with these activities to be borne by the State. Mr. Harris of Richmond moved that the House agree to the above Senate Amendment to House Bill No. 2. On the motion to agree to the Senate Amendment the ayes were 119, the nays 0, and the Senate Amendment was agreed to. Senator Terrell of the 19th moves to amend House Bill 2 as follows: By striking the words and figures 25 cents as they appear in paragraph 13 of Section 6 and inserting in lieu thereof the words and figures 10 cents. Mr. Harris of Richmond moved that the House agree to the above Senate Amendment to House Bill No. 2. On the motion to agree to the Senate Amendment the ayes were 115, the nays 15, and the Senate Amendment was agreed to. Committee on Penitentiary moves to amend HB 2, Section 6, Paragraph 14 by changing the period after the word inmate to a semicolon, and adding the following: Provided further, that incorrigible prisoners in county camps shall be returned to the State at the request of the proper county authorities. Mr. Harris of Richmond moved that the House agree to the above Senate Amendment to House Bill No. 2. On the motion to agree to the Senate Amendment the ayes were 128, the nays 0, and the Senate Amendment was agreed to. Committee on Penitentiary moves to amend HB 2, Section 9, by striking the words State Purchasing Agent and inserting in lieu thereof the words Supervisor of Purchases. Mr. Harris of Richmond moved that the House agree to the above Senate Amendment to House Bill No. 2. On the motion to agree to the Senate Amendment the ayes were 123, the nays 0, and the Senate Amendment was agreed to. Senator Millican of the 52nd moves to amend HB 2, Section 9, by adding the following: the use of free labor in the production and manufacture of such supplies and materials shall be limited to supervision only. Mr. Harris of Richmond moved that the House agree to the above Senate Amendment to House Bill No. 2.
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On the motion to agree to the Senate Amendment the ayes were 120, the nays 0, and the Senate Amendment was agreed to. Senator Arnold of the 26th moves to amend HB 2 as follows: To amend Section 10 by adding at the, end of said section the words and the counties. Mr. Harris of Richmond moved that the House agree to the above Senate Amendment to House Bill No. 2. On the motion to agree to the Senate Amendment the ayes were 108, the nays 3, and the Senate Amendment was agreed to. Senators Stark of the 33rd and Hall of the 50th move to amend HB 2 by adding a new section to said bill to be numbered Section 10A. SECTION 10A The Director of Corrections shall make a detailed report to the General Assembly of Georgia at each Session of his actions and disbursement of all funds handled by the Department of Corrections. Mr. Harris of Richmond moved that the House agree to the above Senate Amendment to House Bill No. 2. On the motion to agree to the Senate Amendment the ayes were 114, the nays 0, and the Senate Amendment was agreed to. Senator Atkinson of the 1st moves to amend HB 2 as follows: By renumbering the Sections of the Bill so the Sections will follow in numerical order. Mr. Harris of Richmond moved that the House agree to the above Senate Amendment to House Hill No. 2. On the motion to agree to Senate Amendment, the ayes were 118, the nays 0, and the Senate Amendment was agreed to. Senator Bloodworth of the 22nd moves to amend the caption of HB 2 by adding after the words Director of Corrections the words and Commission of Corrections. Mr. Harris of Richmond moved that the House agree to the above Senate Amendment to House Bill No. 2. On the motion to agree to Senate Amendment the ayes were 118, the nays 1, and the Senate Amendment was agreed to. The following Senate Amendments to House Bill No. 2 were read and disagreed to: Senator Stark of the 33rd moves to amend HB 2, Section 3, by inserting after the word Governor in the first line of said section, the following: to be approved by the incoming Senate, and thereafter all such appointment to be approved by the Senate. Senator Millican of the 52nd moves to amend HB No. 2, Section 6, by adding a new paragraph to be known as 19 and reading as follows:
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In all cases where wardens of county camps are discharged by the Director of Corrections and where there is any disagreement between the Director of Corrections and the proper county authorities in connection with the discharge, then the proper county authorities shall have the right of appeal within a period of 15 days from the time of the discharge of said warden to the Governor and be given the right of a hearing before the commission. Senator Millican of the 52nd moves to amend HB 2, Section 6, Paragraph 16 by striking out the period after the word treated and adding the following: and those inmates affected by contagious venereal disease shall not be pardoned or parolled while under treatment of such disease until such time the State Health Department states the disease of the person is non-infectious. Senator Millican of the 52nd moves to amend HB 2, Section 6, Paragraph 18, by adding a new sentence reading as follows: The hours of labor set up in the Uniform Standards and Rules in the case of county camps shall not exceed 55 hours per week. Mr. Harris of Richmond moved that the House recede from its position and agree to the following Senate Amendment to House Bill No. 2: Senator Simmons of the 8th moves to amend HB 2, Section 3, line 3, by striking the words and figures six thousand and inserting in lieu thereof the words and figures seven thousand. On the motion the ayes were 106, the nays 20, and the motion prevailed. The Senate Amendment was agreed to. Mr. Hartness of Fannin requested that he be recorded in the Journal as voting against the Amendment. The following message was received from the Senate through Mrs. Nevin, the Secretary thereof: Mr. Speaker: The Senate has adopted the House Substitute to the following bill of the Senate to wit: SB 1. By Senators Pittman of the 42nd, Forrester of the 44th, Foster of the 40th and others. A Bill to be entitled an Act to repeal the Act of the General Assembly creating the State Board of Prisons (Ga. Laws 1943, pages 210-212); to abolish the State Board of Prisons; and for other purposes. The following message was received from the Senate through Mrs. Nevin, the Secretary thereof: Mr. Speaker: The Senate has adopted by the requisite constitutional majority the following resolution of the House to wit: HR 8. By Messrs. Culpepper of Fayette and Clarke of Catoosa. A Resolution directing the Honorable Frank Gross and Honorable Roy Harris to present bills for per diem and expenses incurred while making
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investigations in regard to prison reforms in the State of Georgia and other southern states, and for other purposes. Mr. Hefner of Pickens submitted the following excerpt from the Pickens County Grand Jury Presentments, September term, 1943, and requested that the same be incorporated in the Journal: EXTRACT FROM GRAND JURY PRESENTMENTS PICKENS SUPERIOR COURT, SEPTEMBER TERM, 1943 (10) We wish to take this opportunity to express our appreciation to the Commissioner of Roads and Revenues for the condition of the convict camp, and to thank the Warden for the treatment given to the prisoners in this camp. We also wish to endorse the actions of our Governor in trying to correct the evils of the prison conditions in the State. Georgia, Pickens County. I, R. S. Turner, Clerk Superior Court, do hereby certify that the above and foregoing is a true and correct copy of Item 10, contained in the Grand Jury Presentments, Pickens Superior Court, September Term, 1943, as filed in this office September 28th, 1943. In Witness Whereof I have hereunto set my hand and affixed the seal of said court, this 1st day of October, 1943. R. S. TURNER, Clerk, Superior Court, Pickens County, Georgia. [Seal] The Speaker presented to the House the Honorable Thomas S. Candler of Blairsville, Georgia, Judge of the Northeastern Judicial Circuit, and the Honorable J. Lon Duckworth, Chairman of the State Democratic Committee, who addressed the House. The following resolutions of the House were read and adopted: HR 13. By Messrs. Gowen of Glynn and Hand of Mitchell. A RESOLUTION BE IT RESOLVED by the House, the Senate concurring, That a committee of five, two to be named by the President of the Senate and three by the Speaker of the House, be appointed to notify His Excellency, the Governor, that the General Assembly has completed its work and now stands ready to adjourn sine die. Under the provisions of the above resolution the Speaker appointed the following members of the House: Messrs. Hand of Mitchell, Burnside of McDuffie and Branch of Tift. HR 14. By Mr. Harris of Richmond. A resolution providing that the Clerk of the House be and he is hereby authorized to stay over for one day to print and mail a copy of House Bill No. 2 to the members of the House and to draw his usual per diem for his service.
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The following message was received from His Excellency, Governor Ellis Arnall, through the Committee appointed to notify him that the General Assembly stands ready to adjourn sine die: OFFICE OF THE GOVERNOR ATLANTA ELLIS ARNALL Governor GRACE CANNINGTON Secretary October 1, 1943 MR. SPEAKER AND MEMBERS OF THE HOUSE OF REPRESENTATIVES: The General Assembly merited the appreciation of the citizens of Georgia, when, earlier this year, it liberated education from political tyranny, provided a retirement system for our teachers, granted the elective franchise to a large group of courageous young Georgians, and established firmly the doctrine of democratic processes in conducting the government of our State. On the occasion of your adjournment of that session, I said to this Assembly that I believed it was the best in Georgia's long and honorable history. Today I repeat that statement. While not adopting all of the suggestions I made to you, yet your accomplishment in this brief five day session will be historic. Once again you have given proof that democratic processes and constitutional methods are able to solve our problems; that democracies know how to act promptly; that the system of representative government is effective; that free discussion is a better remedy for public ills than peremptory orders backed by bayonets. In providing a humane correctional system for fellow-Georgians who have wronged society, you have not only removed physical shackles from their limbs and fear of the lash from their hearts, but you have given them, instead of malice and hatred to manking, a renewed faith in the decency and generosity of their fellow men and removed the shackles of spiritual hopelessness that degraded them. The degradation of any man is the degredation of every man; society has no right to practices that it would condemn with propriety in the individual. The State of Georgia, so long maligned because of the infamy attached to its penal system, and every right thinking citizen of Georgia is grateful to the members of the General Assembly for a prompt and complete fulfillment of their duty, in a manner that can but add lustre to the name of our State as it attaches honor to your own. ELLIS ARNALL Governor ea/gc The following message was received from the Senate through Mrs. Nevin, the Secretary thereof:
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Mr. Speaker: The Senate has receded from its position on the following Senate amendments to the following bill of the House, to wit: HB 2. By Messrs. Harris of Richmond, Durden of Dougherty and others. A bill to be entitled an act to create a State Department of Corrections and a Director of Corrections; to fix duties, powers and authorities thereof; to provide compensation, tenure and method of appointment; to authorize and direct certain penal reforms; to repeal conflicting laws; and for other purposes. By Senator Stark of the 33rd, an amendment to Section 3. By Senator Millican of the 52nd, an amendment to Section 6, paragraph 16. By Senator Millican of the 52nd, an amendment to Section 6, paragraph 18. By Senator Millican of the 52nd, an amendment to Section 6, paragraph 19. The following message was received from the Senate through Mrs. Nevin the Secretary thereof: Mr. Speaker: The Senate has adopted by the requisite constitutional majority the following resolution of the House to wit: HR 13. By Messrs. Gowen of Glynn and Hand of Mitchell. A Resolution: BE IT RESOLVED by the House, the Senate concurring, That a committee of five, two to be named by the President of the Senate and three by the Speaker of the House, be appointed to notify His Excellency, the Governor, that the General Assembly has completed its work and now stands ready to adjourn sine die. The President of the Senate has appointed on the part of the Senate the following: Senators Ingram of the 51st and Kennedy of the 2nd. The Speaker addressed the members of the House as follows: LADIES AND GENTLEMEN OF THE HOUSE: On last Saturday the Governor called the General Assembly to meet in an extraordinary session on Monday morning of this week for the purpose of enacting Prison Reform measures. You had no advance notice and it was necessary for you to leave your homes on Saturday or Sunday for the purpose of making the trip to Atlanta. Even with this notice the roll call showed only 23 absentees on Monday morning and among this 23 there were at least six vacancies. Your interest and your response to this call to duty was remarkable and in evidence of your interest in the State of Georgia and your desire to serve your people.
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We have been here for a period of five days and have completed the reform measures and now stand ready to adjourn sine die. This is the shortest extra session of the Legislature ever held in the State of Georgia and in my opinion the shortest on record to be held in any State. Please remember that the regular 70 day session of the Legislature held the first of the year was cut short by five days and even with the extra session this General Assembly has only consumed 70 days and this extra session has cost the State no more than would have been paid by the State had we remained in session for a period of 70 days during the early part of the year. Let me congratulate you on the fine spirit and this fine service that you have rendered the people of Georgia. The members of this present General Assembly have restored the reputation of the Legislative Branch of the Government to its old time place of respect and dignity. Democratic Government cannot continue without the Legislative Branch of the Government functioning as it was intended to function as the supreme directing force in the Government. At the last session we went a long way towards restoring the parliamentary system of Government in this State and the record that you have made in the regular session and in this extraordinary session will make it possible for the next Legislature to completely restore the parliamentary system of Government in Georgia. It should be restored and the Legislature should continue to assume a bigger part in the administration of state affairs. It is only through the functioning of a strong and efficient legislative branch of the Government that dictatorship can be avoided and dictatorship kept from coming to power. Again I congratulate you. Again I wish to thank you personally for your cooperation, your kindness and your courtesies. I hope that you will find the members of your family well and happy, and that before long your sons and brothers will be returned to the family fireside from the battle fields of the world. Mr. Johnson of Chattahoochee County, Chairman of the Committee on Enrollment, submitted the following report: Mr. Speaker: Your Committee on Enrollment has examined, found properly enrolled and ready for transmission to the Governor the following bill and resolution of the House to wit: House Bill No. 2 and House Resolution No. 8. Respectfully submitted, Johnson of Chattahoochee, Chairman. The following resolution of the House was read and adopted: HR 15. By Mr. Gowen of Glynn. A resolution that the General Assembly do now adjourn sine die. The following message was received from the Senate through Mrs. Nevin, the Secretary thereof:
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Mr. Speaker: The Senate has passed by the requisite constitutional majority the following resolution of the House to wit: HR 15. By Mr. Gowen of Glynn. A resolution by the House, the Senate concurring, that the General Assemsembly of Georgia do now stand adjourned sine die. The Speaker announced the House of Representatives of Georgia adjourned sine die, at 2:18 o'clock P. M.
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INDEX TO JOURNAL OF HOUSE OF REPRESENTATIVES EXTRAORDINARY SESSION
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HOUSE JOURNAL INDEX Auditing Committee, to remain after adjournment, HR 12 53 Bowen, Hon. E. L., expressing sympathy, HR 10 51 Candler, Hon. Thos. S., Judge Northeastern Judicial Circuit, presented 59 Clerk, to remain after adjournment, HR 14 59 COMMITTEE REPORTS (STANDING) Engrossing 42 , 52 Enrollment 62 Journals 17 , 37 , 44 , 50 State of Republic 17 , 44-45 COMMITTEES (SPECIAL) Escort Governor, joint session, HR 3 6 , 7 Notify Governor, General Assembly convened, HR 2 6 , 7 Notify Governor, General Assembly ready to adjourn, HR 13 59 , 61 Corrections, State Department of, to create, HB 2 15 , 17 , 17-18 , 38-42 , 42 , 53-58 , 61 , 62 Duckworth, Hon J. Lon, Chairman State Democratic Committee, presented 59 Expenses, reimbursement, President Gross and Speaker Harris, HR 8 50-51 , 52 , 58-59 , 62 Governor's address, September 27, 1943, joint session 7-14 Joint Session, message from Governor Arnall, HR 3 6 , 7-14 Message from Governor, on adjournment 60 Military Affairs, committee to investigate Georgia State Guard, HR 11 51-52 Millican, Hon Everett, Senator from the 52d, presented 46 Notify Governor, extra session convened, HR 2 6 , 7 Notify Governor, General Assembly ready to adjourn sine die, HR 13 59 , 61 Notify Senate, House convened, HR 1 6 Pardons and Paroles, State Board of, requesting explanation, HR 6 19-20 , 46-48 Park, Hon. James B., death deplored, HR 4 18-19 Penitentiary Committees, commending, SR 2 38 , 45 Penitentiary sub-committee, investigation continued, HR 7 46
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Prison conditions, Pickens County, endorse Governor's corrections 59 Prisons, investigating committee, report of Penitentiary committee 34-35 Prisons, investigating committee, report of President Gross and Speaker Harris 20-34 Prisons, State Board of, to abolish, HB 1 14-15 , 17 , 17-18 , 38 Prisons, State Board of, to abolish, SB 1 37 , 42 , 44-45 , 52-53 , 58 Proclamation, convening General Assembly 3-4 Public Service Commission, to provide adequate quarters, HR 9 51 , 52 Reeves, Hon. Theo, presented 53 SENATE MESSAGES Adoption HR 2, HR 3 7 Adoption SR 2 38 Adoption House substitute to SB 1 58 Adoption HR 8 58-59 Adoption HR 13 61 Adoption HR 15 62-63 Notify House, Senate convened 7 Passage SB 1 37 Passage HB 2 as amended 53-54 Receded on Senate amendments to HB 2 61 Sine die adjournment, HR 15 62 , 62-63 Smith, Hon. W. R., Judge Alapaha Judicial Circuit, presented 53 Speaker's address, commending members 61-62 Woodruff, Hon. George W., death deplored, HR 5 19
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NUMERICAL INDEX HOUSE JOURNAL (For general index see page 67) HOUSE BILLS HB 1. State Board of Prisons, to abolish 14-15 , 17 , 17-18 , 38 HB 2. State Department of Corrections, to create 15 , 17 , 17-18 , 38-42 , 42 , 53-58 , 61 , 62 HOUSE RESOLUTIONS HR 1. Notify Senate, House convened 6 HR 2. Notify Governor, General Assembly convened 6 , 7 HR 3. Joint session, escort committee for Governor 6 , 7 HR 4. Park, Hon. James B., death deplored 18-19 HR 5. Woodruff, Hon. George W., death deplored 19 HR 6. State Board of Pardons and Paroles, requesting explanation 19-20 , 46-48 HR 7. Penitentiary committee, investigation continued 46 HR 8. Expenses of President Gross and Speaker Harris, to reimburse 50-51 , 52 , 58-59 , 62 HR 9. Public Service Commission, to provide adequate quarters 51 , 52 HR 10. Bowen, Hon. E. L., expressing sympathy 51 HR 11. Military Affairs committee, to investigate Georgia State Guard 51-52 HR 12. Auditing committee, to remain after adjournment 53 HR 13. Notify Governor, General Assembly ready to adjourn sine die 59 , 61 HR 14. Clerk to remain after adjournment 59 HR 15. Sine die adjournment 62 , 62-63 SENATE BILL SB 1. State Board of Prisons, to abolish 37 , 42 , 44-45 , 52-53 , 58 SENATE RESOLUTION SR 2. Penitentiary investigating committees, commending 38 , 45
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ACTS AND RESOLUTIONS OF THE EXTRAORDINARY SESSION OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA 1944 COMPILED AND PUBLISHED BY AUTHORITY OF THE STATE
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AN ACT To provide for Georgia men and women in military service of the United States of America to participate in elections and primaries; to define terms; to proclaim purposes; to provide for registration; to provide for the issuance of ballots to those who are already registered; to amend and revise laws relating to the time of holding elections, primaries, and conventions; to provide for the time of qualification of candidates; to provide for the furnishing, voting, return and counting of ballots in primaries and elections; to absolve and abolish poll taxes against the military; to create a War Ballot Commission; to define the duties and authorities thereof; to make provisions relating to registration and voting by the military; to provide for the costs thereof; to provide for the termination of this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. The purpose of this Act is to make provision for Georgia men and women in the military service of the United States to participate in County, State, and National Elections, and in Party Primaries in liberalizing the statutes of this State and by making provision for such participation. Section 2. This Act shall be liberally construed to carry out the purpose of the General Assembly in its enactment. Section 3. The State Selective Service, all military organizations, and citizens of this State are charged with the duty of cooperating with election and party officials in carrying out the purpose of this Act. Section 4. The term military as used in this Act shall mean enlisted and commissioned members, male and female, of the Army of the United States, the United States Navy, the United States Marine Corps, the United States Coast Guard or any of their respective components who are citizens of Georgia. Section 5. The Tax Collectors or Tax Commissioners of the several
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counties shall provide for the military a registration card in form as follows: I do hereby affirm that I am a citizen of the United States; that I have resided in the State of Georgia one year and in the County of..... for six months immediately preceding the date of my induction into the military service of the United States; that my address at the time of my induction in the military service was.....St. or R. F. D.....town; that I possess the qualifications of an elector required by the Constitution of Georgia; that I am not disfranchised from voting by reason of any offense committed against the laws of Georgia; and that I am.....years of age. Dated this.....day of....., 19...... (Signature) The signing of the aforesaid registration card containing the required information shall be, in all respects, equivalent to signing the voters' book and shall not require attestation. Any member of the military, his relative or friend, is authorized at any time to request from the Tax Collector or Commissioner the aforesaid registration card and in making said request shall furnish the name and address of the military member, and upon receipt of such request it shall be the duty of the Tax Collector or Commissioner to send the same to the member of the military; and the Tax Collector or Commissioner shall number the said registration forms and shall keep a permanent record book in his office in which he shall record the number of the card, the name of the member of the military for whom the registration card is sought, the name and relation, if any, of the person requesting the card, and the date the card is furnished, and such other information necessary to identify said registrant; provided further, however, for good and sufficient cause made known to the Tax Collector or Commissioner, he may furnish to the military voter, a duplicate registration card, noting the fact in the book hereinbefore referred to. The member of the military receiving and executing the aforesaid registration card shall place the same in an envelope addressed to the Tax Collector or Commissioner of his County, and mail the same. It shall not be necessary to use registered mail. When such registration is completed, signed and returned to the Tax
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Collector or Tax Commissioner of the County it shall by him be placed in a suitable permanent record book and form a part of the voters' registration list. Upon receipt by the Tax Collector or Commissioner of the said registration, the name of the member of the military so registering shall be placed upon the registration list as an elector and registered voter, and shall be certified as such by the Registrars; provided, however, the said member of the military is otherwise qualified. Section 6. In all cases where the voter is already registered and otherwise qualified, application may be made for a ballot without the necessity of reregistration as is in this Act elsewhere provided, and upon proof satisfactory to the Registrars of the service of said voter in the armed forces, a ballot shall be mailed to the voter as herein provided. Entries shall be made in the books herein specified as to the voters registration as a member of the armed forces, and as to the issuance of a ballot to him. Section 7. Nothing contained in the present laws of Georgia as to the time that the Registrars shall complete their work and file the list of registered voters shall in any way abridge the right of a member of the military to be certified by the Registrars at any time as a registered voter. The Registrars shall include on the list of registered voters all members of the military who have registered in accordance with the provisions of this Act and who are otherwise qualified. Section 8. In order to allow more adequate time for the participation of members of the military in elections and party primaries, the following provisions are enacted in lieu of those now provided by law: 1. All candidates for national and state offices, or the proper authorities of the political party nominating them, shall file notice of their candidacy, giving their names and the offices for which they are candidates, with the Secretary of State, at least ninety days prior to the regular election. All candidates for district and county offices either by themselves or by the proper authorities of the party nominating them, shall file notice of their candidacy with the Ordinary of the County at least ninety days before the regular election. 2. Whenever any political party shall hold primary elections for nomination of candidates for office for Governor, State House Officers, Members of Congress, United States Senators, Judges of the Superior Courts, Justices of the Supreme Court, Judges of the Court of Appeals, Solicitors
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General, and Members of the General Assembly, which are by law voted on one and the same day throughout the State, said primary may be held on such date as may be fixed by the State Executive Committee of such party, and the State Executive Committee is authorized to fix such time for the said primary, second primary, or party convention as it may determine without respect to the time now provided by law as the date on which the said primary, second primary, or convention shall be held. Section 9. Every member of the military registered and qualified shall vote at the precinct in which the court house of the County is located. Section 10. The Governor shall furnish the several Ordinaries all blank forms necessary for the general elections in sufficient time for the ordinaries to have the ballots printed at least seventy days before election day. Section 11. Upon the request of any member of the military, his relative or friend, it shall be the duty of the Ordinary to furnish such military voter at the address given at the time the request is made a ballot for the use of the military voter in casting his vote in the General Election. The Ordinary in furnishing the said ballot shall number same and in a permanent record book provided for the purpose he shall inscribe the number of the ballot, the name of the military voter for whose use it has been furnished, the name of the person requesting the same and the date the ballot was furnished. Provided, however, that the Ordinary is authorized to furnish a duplicate ballot for good and sufficient cause to the military voter. Provided further, however, that a notation shall be made thereof in the book hereinbefore referred to. Said Ordinary in furnishing said ballot to such military voter shall also furnish a self-addressed envelope for the return of such ballot to such Ordinary. Section 12. The member of the military marking and casting his ballot in a general election shall sign the same on the back thereof, place the ballot in an envelope addressed to the Ordinary of the County in which he is a registered voter, write on the envelope the word ballot and mail the same. Attached to the ballot furnished by the Ordinary for the use of the member of the military in voting shall be instructions as to the signing, marking, voting and return of the same. Such military voter in returning the aforesaid ballot shall not be required to post the same by registered mail or to have the same certified or notarized by any person or persons.
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Section 13. It shall be the duty of the County Registrars in any primary election held by any political party for the nomination of candidates for the office for Governor, State House Officers, Members of Congress, United States Senators, Judges of the Superior Courts, Justices of the Supreme Court, Judges of the Court of Appeals, Solicitors General, and Members of the General Assembly, to furnish to any member of the military who is a registered and qualified voter and who is a member of the political party holding the said primary a ballot for the use of the military voter who is a member of the said political party in casting his vote in the said primary election. Said request to the Registrars can be made by the member of the military, his relative or friend, and in making such request applicant shall give the name and address of the military voter. The Registrars so furnishing the said ballot shall number the same and in a permanent record book provided for the purpose, he shall inscribe the number of the ballot, the name of the military voter for whose use it is intended, the name of the person requesting the same, and the date the ballot was furnished; provided, however, the Registrars are authorized to furnish a duplicate ballot for good and sufficient cause to the military voter, provided, further, however, that a notation shall be made thereof in the book hereinbefore referred to. Such registrars in furnishing said ballot to such voter, shall also furnish a self-addressed envelope for the return of such ballot to such Registrars. Section 14. The member of the military marking and casting the said ballot in said primary election shall sign the same on the back thereof, place the ballot in an envelope addressed to the County Registrars of the County in which he is a registered voter, write on the envelope the word Ballot and mail the same. Attached to the ballot furnished by the County Registrars for use of the member of the military in voting in said party primary election, shall be instructions as to the signing, marking, voting and return of the same. Such military voter in returning the aforesaid ballot shall not be required to post the same by registered mail or to have the same certified or notarized by any person or persons. Section 15. When duplicate ballots are furnished to military voters in general or primary elections, only the first ballot received shall be counted. Section 16. It shall be the duty of the Ordinary in case of general elections, and the duty of the County Registrars in case of primary elections, to receive all ballots from members of the military up to and including the
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election hours of the day of election and to keep the said military ballots in a safe and private place unopened until the day of the election. Upon receipt of the ballot by the Ordinary or the County Registrars, as the case may be, the said official shall write the date of the receipt of the said military ballot on the envelope containing same. On the day of the election such official shall, in the presence of the election managers, open the envelope containing the military ballot, determine the name of the voter casting the same and record the receipt of his said ballot, and the date received, in the permanent record book maintained by the said official for such purpose. The election managers shall then determine from the list of registered and qualified voters the eligibility of the military voter in question to cast the said ballot and, if found properly registered and qualified, the Ordinary or the County Registrars, as the case may be, shall deposit the ballot in the regular ballot box with the approval of the election managers. Section 17. It shall be the duty of the Board of Registrars to make and file with the election managers of the precinct in which the court house of the county is located a full and complete list of registered and qualified voters for the entire county. Section 18. There is hereby created a State War Ballot Commission composed of the Governor, the President of the Senate, the Speaker of the House, the Attorney General, and the Secretary of State, which said Commission is authorized and empowered to make any and all provisions and regulations necessary to effectuate the operation of this Act and to cooperate with federal authorities in facilitating and expediting the handling of registration and balloting by military voters. The said War Ballot Commission is also directed to cooperate with State, County and political party officials in all matters relating to the registration and voting of members of the military in elections and party primaries. The said Commission is also empowered and authorized to settle and determine all questions of law, procedure and regulation governing the registration and voting of persons in the military. Section 19. All poll taxes which may have accrued or which may hereafter accrue during his military service against members of the military, residents of this State, be and the same are hereby abolished, repealed and remitted. Section 20. All expense in connection with the mailing of registration
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cards and ballots to members of the military as provided in this Act shall be borne by the counties. Section 21. The terms and provisions of this Act shall expire and become extinguished upon the convening of the General Assembly in regular session next after the termination of the present war. Section 22. All laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved January 7, 1944.
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JOURNAL of the SENATE of the STATE OF GEORGIA at the Extraordinary Session of the GENERAL ASSEMBLY January 3, 1944
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OFFICERS OF THE STATE SENATE FRANK C. GROSS, 31st District President STEPHENS COUNTY DAVIS S. ATKINSON, 1st District President Pro Tem. CHATHAM COUNTY MRS. HENRY W. NEVIN Secretary WHITFIELD COUNTY LAMONT SMITH Assistant Secretary TATTNALL COUNTY ROBERT L. PATTEN II Messenger to Secretary LANIER COUNTY REV. EVERETT LINDLAD Chaplain STEPHENS COUNTY SID WILLIAMS Messenger MERIWETHER COUNTY A. PERRY GRIFFIN Doorkeeper DEKALB COUNTY
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MONDAY, JANUARY 3 Senate Chamber, Atlanta, Georgia. January 3, 1944. The Senate met in the Senate chamber at 1 o'clock pursuant to the call of His Excellency, the Governor, and was called to order by the president. Prayer was offered by Rev. Everett Lindlad of Toccoa, Georgia, whom the president introduced as chaplain for this extra session. The following proclamation from His Excellency, the Governor, was read by the secretary: A PROCLAMATION CONVENING THE GENERAL ASSEMBLY OF GEORGIA IN EXTRAORDINARY SESSION WHEREAS, Under the Constitution of the United States the voters of our Nation will this year elect a President, Vice-President, a third of the members of the United States Senate, the entire membership of the House of Representatives; and WHEREAS, The election involving the selection of National leaders in 1944 will be the most important election in the history of our great Nation since to the leaders and officials of the National Government will be entrusted the responsibility of directing the affairs of government in our own country and prosecuting to a successful conclusion the present world war, as well as the establishment of a permanent peace in a new world; and WHEREAS, Certain State Officials of high office and county officials will be nominated in party primaries and elected in November of this year; and WHEREAS, These State and county officials will be charged with the important duty of shaping State and local governments to meet the needs of the returning soldiers, sailors and marines after this war is over; and WHEREAS, There are now in the armed forces of this Nation almost 250,000 Georgians; men and women of voting age who stand prepared to sacrifice everything, including life itself, in order that the forces of totalitarianism and dictatorship may be defeated and freedom reestablished as the inherent right and privilege of all mankind; and WHEREAS, Our present system of registration and voting was planned and laws appertaining thereto enacted without consideration of the peculiar situation which exists today, a situation which finds many thousands of patriotic and loyal Georgians scattered over the face of the earth upon far flung battle fronts and outposts, upon foreign soil engaged in a mighty conflict for freedom, liberty and justice; and WHEREAS, The laws of this State fail to provide a suitable method for granting to these patriotic Georgia men and women the expression of their choice in the election of our National, State and county leaders; and WHEREAS, It is fitting and proper that Georgia, one of the original States
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of the Union, ever inhabited by patriots of brightest valor, should be the first State in our Nation to manifest to the men and women who serve our country our undying appreciation, high regard and deep affection for them by authorizing and allowing the exercise of franchise rights by them; and WHEREAS, An extraordinary occasion has come about which requires dynamic, timely and positive action on the part of our Legislative Branch of Government; NOW, THEREFORE, The premises considered, I, ELLIS ARNALL, GOVERNOR OF GEORGIA, under and by virtue of the power and authority conferred upon me by the Constitution of this State, as set forth in Article V, Section I, Paragraph XIII thereof, do hereby convoke the General Assembly of Georgia into extraordinary session at One o'clock P.M. (CSWT), Monday, January 3, 1944, for the object of considering and enacting legislation relating to the registration and voting of men and women in the military service of the United States of America who are residents of this State and for the object of considering and enacting measures connected therewith and relating thereto in any manner, form or degree whatsoever. GIVEN under my hand and the Great Seal of the State of Georgia, at the Capital City of Atlanta, on this the first day of January, Year of our Lord One Thousand Nine Hundred and Forty-Four. ELLIS ARNALL Governor By the Governor: JOHN B. WILSON Secretary of State The roll was called and the following senators answered to their names: Ansley, 10th Arnall, 36th Bacon, 28th Bloodworth, 22nd Bloodworth, 23rd Boyett, 11th Brock, 37th Clements, 9th Dantzler, 43rd Dean, 34th Ennis, 20th Estes, 35th Forrester, 44th Foster, 40th Fowler, 39th Griner, 45th Hall, 50th Hampton, 41st Ingram, 51st Jones, 3rd Kennon, 6th Lovett, 16th Millican, 52nd Moore, 32nd Oden, 46th Peterson, 15th Pittman, 42nd Pope, 7th Preston, 27th Raynor, 4th Shannon, 21st Stark, 33rd Terrell, 19th Thigpen, 49th Whitworth, 30th Whitworth, 38th Williams, 5th Mr. President The following resolutions were read and adopted:
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SR 1. By Senator Millican of the 52nd: A resolution notifying the House that the Senate has convened in extraordinary session and is ready for the transaction of business. SR 2. By Senator Millican of the 52nd: A resolution providing for a committee to notify His Excellency, the Governor, that the General Assembly has convened in extraordinary session. The president appointed on the part of the Senate: Senators Kennon of the 6th, Terrell of the 19th. SR 3. By Senator Millican of the 52nd: A resolution providing for a joint session of the House and Senate to be held in the Hall of the House of Representatives this date and providing for a committee of escort. The president appointed on the part of the Senate: Senators Foster of the 40th, Thigpen of the 49th. Mr. Hollis of the 24th District, Chairman of the Committee on Engrossing, submitted the following report: Mr. President: Your Committee on Engrossing have read and examined the following Resolutions of the Senate and have instructed me as Chairman, to report the same back to the Senate as correct and ready for transmission to the House: SR 1. SR 2. SR 3. Respectfully submitted, M. R. Hollis of the 24th District, Chairman. The following message was received from the House through Mr. McCutchen, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following resolutions of the Senate, to wit: SR 1. By Millican of the 52nd. A resolution notifying the house that the Senate has convened in extraordinary session and is ready for the transaction of business. SR 2. By Millican of the 52nd.
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A resolution providing for the appointment of a committee to notify His Excellency, the Governor, that the General Assembly has convened in extraordinary session. The speaker has appointed on the part of the House the following members of the House, to-wit: Messrs. Swint of Spalding, Sharpe of Toombs, and Ennis of Baldwin. SR 3. By Millican of the 52nd. A resolution convening the General Assembly in joint session for the purpose of hearing a message from His Excellency, the Governor, and providing for a committee of escort. The speaker has appointed on the part of the House the following members of the House, to wit: Messrs. Hand of Mitchell, Hagan of Screven, and Heard of Elbert. The hour of convening the joint session of the Senate and the House having arrived, the president, accompanied by the secretary and senators, proceeded to the hall of the House of Representatives to hear an address from his Excellency, the Governor. The resolution authorizing the joint session of the Senate and the House was ready by the secretary of the Senate. His Excellency, the Governor, addressed the General Assembly as follows: THE ARMED FORCES AND THE ELECTION Our country has been at war for more than two years. The men of Georgia's National Guard have been on active duty for almost four years, for the most of which time they have been on foreign assignment. Almost a quarter of a million men and women of our State are in the armed services of our country. In 1944 we will hold a general election and party primaries of exceptional importance. I tell you today, it is necessary that provision be made for these men and women in the services to exercise their right to vote. They desire to exercise that right. Their fellow citizens, by overwhelming ratification of the amendment reducing the voting age, which this General Assembly submitted to the voters last year, have expressed their determination that their sons and daughters, their brothers and sisters, who are serving our common country, shall not be disfranchised. It is not beyond the realm of possibility that Congress may enact some measure permitting those in the services to vote for Federal officials; for electors for President and Vice-President, for Senators and for Congressmen. But such a measure, even if it were legal and were enacted speedily into law by the Congress, could not
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permit service men and women to vote for State and county officials. It could not provide for participation in party primaries by men and women in the services. In Georgia, the local and State primaries are usually the equivalent of election. It is in the primary that the great majority of our boys and girls overseas and in the camps wish to vote. Provision for this requires substantial changes in our election laws. Therefore, I have asked the General Assembly of Georgia to meet and to consider and to enact legislation that will permit qualified citizens of Georgia now in the services to participate in the State elections, and that will permit qualified members of any political party to vote in the primaries held by that party. We must recognize, however, that it will be utterly impossible to see to it that every man and woman in the military service participates in our elections. Time and distance and military secrecy are difficult to conquer. It will not be possible for American soldiers interned in Japanese prison camps to exercise their elective franchise. It will not be possible for those on duty at secret assignments in inaccessible places throughout the world to participate. But we can do our best to afford them the opportunity. We can keep the record straight. I know that it is at no small sacrifice that the members of the General Assembly meet at this session. There are innumerable obligations at home to be fulfilled as the year begins. However, if the votes of your fellow-citizens, who are defending our common country on seven seas and upon six continents and in the air above Fortress Europe, are to be counted in the primary and the election held this year, prompt action through legislation is needed. We have heard a great deal in recent debates in Congress, in recent speeches and articles, about State's rights. The preservation of State's rights depends, I am convinced, upon the ready acceptance by the States of their responsibilities. The primary responsibility of any government is the preservation of the individual rights of the citizens, of which the political and civil rights are the most important because all other rights depend upon their free exercise. That is the tradition in Georgia. It has been the practice in Georgia since the elections held in the days of Button Gwinnett and in the days of Archibald Bulloch. It was the practice in Georgia in the days when our nation was plunged into the desolating strife of the War Between the States. It is a tradition solidly grounded upon firm principles. In this nation, we do not resort to the militaristic scheme of a huge standing army; we rely upon a civilian army, a citizens' army; we trust in the courage and loyalty, the honor and patriotism of the youth of our nation. The tradition of a patriotic citizenry springing to arms in the defense of the liberties that alone can make life dear is strong in Georgia. From that eventful morning when Oglethorpe's handful of colonists crushed at Bloody Marsh the trained
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and picked professional soldiers of Spain, through the agonies of military occupation during the Revolution that was broken through the resourcefulness and courage of Georgia irregulars, through the sad and gallant days when members of Georgia companies marked their ballots around the campfires of the Army of Northern Virginia, our State has preserved the belief that the citizen-soldier is no less citizen because he has laid aside for the moment the cap-and-gown of the scholar, the tools of the artisan or the plow of the farmer, to bear arms in defense of his home, his freedom and his honor. Provisions for absentee voting by soldiers were simple in 1777 and 1861. The number of individuals involved was proportionately smaller than today. Generally the units were made up of men from the same State, and, in very many cases, from the same county. Today the sons of Georgia are farther from their native land than Vicksburg or Richmond. Today they are scattered, except for those in the National Guard. and march shoulder to shoulder with boys from Vermont and Oregon and Kansas. The simple measures, sufficient to insure their participation in the elections of 1777 and 1861, are inadequate to safeguard their voting in 1944. But the principle remains unchanged. We must not deprive any man of his voice in our government because he has been called by that government to the supreme test of his loyalty to his country and his fellow citizens. The honor of Georgia would be sullied, the faith of Georgia would be broken, the tradition of Georgia would be dishonored if the men driving through the perilous jungles of New Guinea, or standing sentry in the desolate wastes of Iceland, or aboard some vessel of our Navy in the Sea of Japan, should be deprived of their voice in the government of their country, their State or their nation because we took no action upon this problem. Accordingly, I have asked the members of the General Assembly to come to our State Capital and study the question and seek a way by which the votes of our citizens absent upon high duty to our nation may be recorded. The legislation that I believe is desired by the people of Georgia in this emergency would provide, among other things, for a simple system of registration for the members of our military so that those not now registered may easily do so. Provision should be made for moving up our primaries, elections and qualification dates, where necessary, so as to afford sufficient time for the casting of ballots by men and women in service. Sufficient time should be given so that those at farstretched outposts who are qualified to participate in our primaries and elections may do so. We must abolish the poll tax as an assessment and prerequisite for voting against the men and women in the military service of our country. It is my recommendation to the Assembly that a War Ballot Commission be created to harmonize voting laws and to serve as a tribunal to expedite and facilitate soldier voting. Such a War Ballot Commission could serve as an agency to which
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the Federal Government could give its cooperation in carrying out the purposes of an Act of the Georgia General Assembly providing for soldier voting. The legislation enacted should simplify absentee voting. It should provide an easy way of obtaining a ballot, and an easy way for returning it to the election holders. It is my recommendation that the proposed legislation be temporary, terminating upon the convening of the next regular General Assembly after the end of the present war. The effect of such legislation simply would be that all persons who, if they were in their home county, could vote in a general election can vote in the general election, and that all persons who, if they were at home could vote in the primary, can vote in the primary. The legislation would not increase the number of persons eligible to vote above the number that would be eligible if they were at home instead of abroad or in a training camp. It would not reduce the qualifications for voting. It would aim at one thing and only one thing: facilitating the voting by the men and women in service, assuring them of the right of participating in the government of the country they are defending. Such measures are in the tradition of this State, which, historians believe, probably was the first in the Nation to provide for the counting of votes by its men in the service during the period of the War Between the States. It would be peculiarly fitting for Georgia to be the first State of the Union to enact such legislation in this war. I have emphasized the participation of the men and women now in service in the primary and in the election of State and local officers, because without action by the State through its General Assembly they could participate effectively in neither, no matter what action was taken by the Congress. However, there has been no measure enacted by Congress dealing with the votes of those in service for Federal officers. There is grave possibility that no valid, effective and constitutional legislation will be or can be enacted. I may say that this view is shared by Georgia's distinguished Senior Senator, Walter F. George, one of the Nation's great constitutional lawyers as well as a public servant with a high sense of responsibility and lofty ideals of patriotism. Senator George, as you know, has been deeply interested in the subject of voting by those in service. His own flesh and blood wear the uniform of our country; one of his sons already has paid the last full measure of devotion to its cause. For that reason, in part, no doubt, no less than because of his deep faith in the orderly processes of democratic government, Senator George has suggested State action as a needful safeguard to insure that the votes of Georgia service men and women reach the ballot box. There are certain unanswerable arguments demanding that action be taken to insure the sanctity of the soldiers' ballots. Foremost is the thesis of democratic principles. In this free nation, we believe that government exists solely by the will of the people; we believe that every citizen has a right to participate in making the laws by which we must live and in selecting
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the officials who shall administer those laws; we believe that the welfare of our country in time of peace can be entrusted to the votes of our people, and that its security in time of war can be maintained by their service in its cause. We do not believe that a boy is unfit to be a citizen and a voter because he risked his life in the Salerno landing. We do not believe that a girl is unfit to be a citizen and a voter because she served her country as a grease monkey in the WAC or as a nurse in an up-front hospital or as a weather-watcher in the WAVES. I hope that Georgia will not see the day when the uniform of our country will be the badge of disfranchisement for the man or woman who wears it. There is likewise the vital question of the interest these young men and young womenten million in the nation, more than 200,000 of them from Georgiahave in the future of our country. They will come back to us after the war. This is their home. This is their country. If it is a country worth dying for, it must be a country worth living in. Whether it passes through the transition period of the postwar years into a prosperous, busy nation, where individual rights are respected, depends upon the type of government that we have on every levellocal, State and nationalon the day when the war ends. The public officials chosen this year will shape the peace. The President chosen next November and his cabinet will write the peace treaty; the Senate of which a third of the members are chosen this year will consider that treaty; the Congress chosen this year will provide the funds and levy the taxes and write the laws to implement the peace. The State Legislature chosen in the fall primary will consider the issues in our State developing in the changing world; they will even pass upon a revision of our basic constitutional law. The local officials chosen in 1944 must be the ones to handle the difficult problems of converting communities from a war basis to one of peace. It is imperative that the men and women who serve in this war have a share in writing the peace and in shaping the postwar world. That world will belong to their generation and to their children. They will have saved it from the menaces of foreign enemies and totalitarian ideologies. If in their absence, through injustice to them, democracy is subverted by the cynicism of us at home, by denying them the stature of free men and citizens to a vote, the consequences may well be serious. They unquestionably will feel a deep resentment against the men and the system that denied them their rights. They will feel that the plans for America or Georgia or their home county made without their consent are not binding upon them. They will feel that they have been defrauded of their birthright while they were risking their lives to preserve our own. Likewise, I believe that we need in public affairs the special values that these
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fine young men and women will bring. Although the Selective Service Act has reached to those in the thirties the bulk of the armed forces of America, especially those serving overseas, is made up of those in their twenties together with those of the teen age group that, in Georgia, have been given the franchise. The issues that we will confront at the ballot boxes in 1944 will be tremendously important. They involve America's place in world affairs and America's domestic policy in the postwar transition period. Upon those issues we well may take guidance from the men and women who fight, who possess yet enthusiasm and audacity and courage and unselfishness. Christmas morning, Mrs. Arnall, my little son and I drove to Newnan to gather around the family hearthstone. My younger brother was there, granted seven days' leave on his way to take special training for duties that shortly will carry him ovearseas. He was a little taller, a little broader, a little more mature than when I last saw him. With the tremendous earnestness of young men, his mind was upon two things: the job he had to do and the world he was coming back to when that job was over. That is what all of them are thinking about, these young men that you pass every day on the street, some of them laughing and joking and others with their minds apparently off in a cloud somewhere. All of them, your sons and your younger brothers and the boy next door, and thinking about the job they've got to do and the world that they will face when they come back from doing it. They deserve and they must have a hand in the shaping of that world. A fitting sense of gratitude to those who have ransomed our way of living and our very lives at the cost of their comfort and their lives, demands that we give those in our country's service a voice in the management of its affairs. The right to vote is far from complete recompense to a man who has waded ashore under a hail of machine gun bullets on some South Pacific beach head, and spent days and nights on short rations in a foxhole while Zeros droned overhead, and hacked his way through miles of tangled jungle infested by poisonous snakes, stinging insects and Jap snipers. There is neither gold enough, nor honors enough, nor medals enough to repay a man for that! But the knowledge that his fellow-citizens back home recognize the degree of his sacrifice, and are willing to go to the trouble to see that he is treated as a full citizen of the nation for which he fights, is the one type of repayment unworthy neither of the nation nor its heroes. Democracy is not well served nor its cause furthered when the men fighting for its triumph are denied a share in the government of their country. One of the criticisms that the apostles of Hitler's totalitarian doctrines has leveled at the democratic countries is that they are unable to act in time of crisis, that their techniques of representative government have worn out that legislative bodies have lost their effectiveness.
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I think, in Georgia, we have given them a demonstration that this is not true. We have proved that democratic government can be efficient and that effective solutions to our problems can be found by the representatives of the people. The accomplishments of the Georgia General Assembly during the twelve months that have just passed have been illuminating illustrations of how a democratic, constitutional, representative system can work. You have given proof that State governments can solve the problems of their citizens. The basic reforms submitted by the Assembly in the regular session, the enactment of penal reform legislation in the historic five day session in September have advanced the interests of our State tremendously, as well as enhancing its reputation in the eyes of those outside its borders and giving our own citizens a renewed pride in their commonwealth. I am deeply grateful for the cooperation that the Assembly has given to my Administration, and I believe that Georgia's citizens are grateful to you for your sincere patriotism and your accomplishments on behalf of our State. I am convinced that this Assembly will dispose of the issues of votes for the men in the Army, Navy, Marine Corps and other services and for the women in the WAVES, WACS, SPARS and Marines with the same sound judgment, decisively rapid action and lofty sense of obligation to our citizens that you displayed in the past in considering other measures for the public welfare. There can be no just opposition to permitting the soldiers to vote. Only those who deplore the bombings of Berlin and Hamburg in a spirit of mock piety, and plead for an understanding with Japan at the expense of the freedom of one of our great allies, and find extenuations for the black treachery of Hirohito and the infamy of Hitler while lashing our own national war leadership with vicious vituperation can desire that the ballot be denied to our fellow citizens whoat this very momentare fighting for our common country on every front from the mountain passes of Italy to the barren atolls of the Gilberts. I do not wonder that the defenders of totalitarian doctrines, the advocates of dictatorship, the exponents of prejudice and distrust and hatred, the advocates of the profiteers and black market racketeers, the fellow-travelers of the Bundists and the admirers of the firm methods of Hitler and Hirohito, should be opposed to the soldiers' voting. They can expect small comfort for these theories and their advocates from the men and women in service, who have offered their blood as the price of our liberty and their living bodies as a shield for our nation against foreign proponents of these same pernicious doctrines. But the great majority of Georgians and of Americans desire that those serving our common country, whether overseas or in training camps, be their equals and their partners in the selection of our public officials. If we can not have confidence in the young men who are piloting Flying Fortresses and operating tanks and carrying rifles, if we can not trust the young women who have put on their country's uniform to release men for combat duty at the front, then we have nowhere to turn.
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The measure submitted to you, the members of Georgia's General Assembly, providing a method by which the voices of Georgia's men and women in our armed forces may be heard on public affairs is a reaffirmation of our faith in those who are risking their lives to preserve our way of life. By permitting these, our fellow citizens, to vote, Georgia again will have evidenced its trust in the valor and loyalty of its sons and in the courage and honor of its daughters. Georgia again will have led the way! Mr. Durden of Dougherty moved that the joint session of the General Assembly be now dissolved, and the motion prevailed. The senators returned to the Senate Chamber and the Senate was called to order by the president. Senator Millican of the 52nd asked unanimous consent that the following be established as the order of business for today: 1. Introduction of bills and resolutions. 2. First reading and reference of bills and resolutions. The consent was granted. The following bill was introduced, read the first time, and referred to committee: SB 1. By Senators Gross of the 31st, Atkinson of the 1st, Arnall of the 36th, Forrester of the 44th, Foster of the 40th, Kennon of the 6th, Pope of the 7th, Millican of the 52nd, Griner of the 45th, Whitworth of the 30th, Moore of the 32nd, Pittman of the 42nd, Ansley of the 10th, and Terrell of the 19th: A bill to provide for Georgia men and women in military service of the United States of America to participate in elections and primaries; and for other purposes. Referred to Committee on State of Republic. Senator Millican of the 52nd asked unanimous consent that when the Senate adjourned today it stand adjourned until 11 o'clock tomorrow morning and the consent was granted. Senator Millican of the 52nd moved that the Senate do now adjourn, and the motion prevailed. The president announced the Senate adjourned until 11 o'clock tomorrow morning.
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Senate Chamber, Atlanta, Georgia. Tuesday, January 4, 1944. The Senate met pursuant to adjournment at 11 o'clock this morning and was called to order by the president. Prayer was offered by the chaplain. By unanimous consent, the call of the roll was dispensed with. Senator Dantzler of the 43rd reported that the journal of yesterday's proceedings had been examined and found correct. By unanimous consent, the reading of the journal was dispensed with and the journal was confirmed. Senator Atkinson of the 1st asked unanimous consent that the following be established as the order of business for today: 1. Introduction of bills and resolutions. 2. Reports of standing committees. 3. Second reading of bills and resolutions favorably reported. The consent was granted. Senator Atkinson of the 1st asked unanimous consent that the following bill be with drawn from the Committee on State of Republic, read the second time and recommitted to the Committee on State of Republic: SB 1. By Senators Gross of the 31st, Atkinson of the 1st, Arnall of the 36th, Forrester of the 44th, Foster of the 40th, Kennon of the 6th, Pope of the 7th, Millican of the 52nd, Griner of the 45th, Whitworth of the 30th, Moore of the 32nd, Pittman of the 42nd, Ansley of the 10th, and Terrell of the 19th: A bill to provide for Georgia men and women in military service of the United States of America to participate in elections and primaries; and for other purposes. The consent was granted. An invitation from Hon. Wiley L. Moore inviting the members of the Senate to be his guests at a barbecue, Tuesday, January 4, at Lakemoore Club was read by the secretary. Senator Millican of the 52nd presented to the Senate Hon. Malcolm Henderson, British Consul, of Atlanta. Senator Atkinson of the 1st asked unanimous consent that the Senate recess until 2 o'clock and that when it adjourns today it stand adjourned until 11 o'clock tomorrow morning. The consent was granted.
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The president announced the Senate recessed until 2 o'clock today. The Senate reconvened at 2 o'clock and resumed the regular order of business. Mr. Atkinson of the First District, Vice-Chairman of the Committee on State of the Republic, submitted the following report: Mr. President: Your Committee on State of the Republic have had under consideration the following bill of the Senate and have instructed me as Chairman, to report the same back to the Senate with the following recmmendations: SB 1. Do Pass as Amended. Respectfully submitted, Atkinson of 1st District, Vice-Chairman. Under a previous motion the president announced the Senate adjourned until 11 o'clock tomorrow morning.
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Senate Chamber, Atlanta, Georgia. Wednesday, January 5, 1944. The Senate met pursuant to adjournment at 11 o'clock this morning and was called to order by the president. Prayer was offered by the chaplain. By unanimous consent, the call of the roll was dispensed with. Senator Dantzler of the 43rd reported that the journal of yesterday's proceedings had been examined and found correct. By unanimous consent, the reading of the journal was dispensed with and the journal was confirmed. The following resolution was read and adopted: SR 4. By Senators Millican of the 52nd, Gross of the 31st, Atkinson of the 1st, and Pope of the 7th: A resolution that the President of the United States, the Postmaster General and the Congress of the United States be urgently requested to make it possible for the members of the military forces of the United States to return registration certificates and ballots to the proper election officials of States and their political subdivisions by air mail free of postage charges; and for other purposes. A privileged resolution by Senators Terrell of the 19th, and Forrester of the 44th, extending the wishes of the Senate for the early recovery of Senator Kimbrough of the 25th, who is ill, was read and adopted. The following message was received from the House through Mr. McCutchen. the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following bill of the House, to wit: HB 1. By Messrs. Mavity of Walker, Harris of Richmond, McCracken of Jefferson, and others: A bill to be entitled an Act to provide for Georgia men and women in military service of the United States of America to participate in elections and primaries; to define terms; to proclaim purposes; to provide for registration; to amend and revise laws relating to the time of holding elections, primaries, and conventions; to provide for the time of qualification of candidates; to provide for the furnishing, voting, return and counting of ballots in primaries and elections; to absolve and abolish poll taxes against the militaries; to create a War Ballot Commission; to define the duties and authorities thereof; to make provisions relating to registration and voting
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by the military; to provide for the costs thereof; to provide for the termination of this Act; to repeal conflicting laws; and for other purposes. The following bill was introduced, read the first time, and referred to the committee: HB 1. By Messrs. Mavity of Walker; Harris of Richmond; McCracken of Jefferson; and others. A bill to be entitled an Act to provide for Georgia men and women in military service of the United Sttates of America to participate in elections and primaries; and for other purposes. Referred to Committee on State of Republic. The president presented to the Senate Hon. Randall Evans of McDuffie County. Senator Atkinson of the 1st asked unanimous consent that when the Senate adjourned today it stand adjourned until 11 o'clock tomorrow morning. The consent was granted. Senator Pope of the 7th moved that the Senate do now adjourn and the motion prevailed. The president announced the Senate adjourned until 11 o'clock tomorrow morning.
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Senate Chamber, Atlanta, Georgia. Thursday, January 6, 1944. The Senate met pursuant to adjournment at 11 o'clock this morning and was called to order by the president. Prayer was offered by the chaplain. By unanimous consent, the call of the roll was dispensed with. Senator Dantzler of the 43rd reported that the journal of yesterday's proceedings had been examined and found correct. By unanimous consent, the reading of the journal was dispensed with and the journal was confirmed. Senator Atkinson of the 1st asked unanimous consent that the following be established as the order of business for today: 1. Introduction of bills and resolutions. 2. Reports of standing committees. 3. Second reading of bills and resolutions favorably reported. The consent was granted. The president presented to the Senate Mrs. Everett Lindlad, wife of the chaplain. The following resolution was read and adopted: SR 5. By Senator Arnall of the 36th: A resolution pertaining to the cost of dairy feed and providing for an investigation committee. The president appointed on the part of the Senate as members of the investigating committee as provided for in Senate Resolution No. 5: Senators Arnall of the 36th, Harrison of the 17th. Mr. Atkinson of the 1st District, Vice-Chairman of the Committee on State of the Republic, submitted the following report: Mr. President: Your Committee on State of the Republic have had under consideration the following bill of the House and have instructed me as Chairman, to report same back to the Senate with the following recommendation: HB 1. Do Pass. Respectfully submitted, Atkinson of the 1st District, Vice-Chairman.
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Mr. Hollis of the 24th District, Chairman of the Committee on Engrossing, submitted the following report: Mr. President: Your Committee on Engrossing have read and examined the following Resolution of the Senate and have instructed me as Chairman, to report the same back to the Senate as correct and ready for transmission to the House: SR 4. Respectfully submitted, M. R. Hollis of the 24th District, Chairman. The following bill favorably reported by the committee was read the second time: HB 1. By Messrs. Mavity of Walker; Harris of Richmond; McCracken of Jefferson; and others. A bill to be entitled an Act to provide for Georgia men and women in military service of the United States of America to participate in elections and primaries; and for other purposes. Senator Bloodworth of the 22nd asked unanimous consent that when the Senate adjourn today it stand adjourned until 9 o'clock tomorrow morning. The consent was granted. The president presented to the Senate Judge Tom Candler of the Northeastern Circuit. The president presented to the Senate Hon. James V. Carmichael of Marietta, who in turn presented to the Senate O. L. Woodson, General Manager of the Georgia Division of Bell Aircraft Corporation, Captain Harry E. Collins, Assistant General Manager of the Georgia Division of Bell Aircraft Corporation, and Warren H. Clarke, Executive Assistant to the General Manager of the Georgia Division of Bell Aircraft Corporation. Senator Atkinson of the 1st moved that the Senate do now adjourn and the motion prevailed. The president announced the Senate adjourned until 9 o'clock tomorrow morning.
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Senate Chamber, Atlanta, Georgia. Friday, January 7, 1944. The Senate met pursuant to adjournment at 9 o'clock this morning and was called to order by the president: Prayer was offered by the chaplain. The roll was called and the following senators answered to their names: Ansley, 10th Arnall, 36th Arnold, 26th Atkinson, 1st Bloodworth, 22nd Bloodworth, 23rd Boyett, 11th Brock, 37th Byrd, 48th Clements, 9th Cooper, 14th Dantzler, 43rd Dean, 34th Ennis, 20th Estes, 35th Eubanks, 29th Forrester, 44th Foster, 40th Fowler, 39th Griner, 45th Hall, 50th Hampton, 41st Harrison, 17th Hollis, 24th Ingram, 51st Jones, 3rd Kennedy, 2nd Kennon, 6th Martin, 13th Millican, 52nd Moore, 32nd Newton, 47th Peterson, 15th Pittman, 42nd Pope, 7th Preston, 27th Raynor, 4th Shannon, 21st Simmons, 8th Stark, 33rd Terrell, 19th Thigpen, 49th Whitworth, 30th Whitworth, 38th Williams, 5th Mr. President Senator Dantzler of the 43rd reported that the journal of yesterday's proceedings had been examined and found correct. By unanimous consent, the reading of the journal was dispensed with and the journal was confirmed. The following message was received from the House through Mr. McCutchen, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following resolutions of the Senate, to wit: SR 9. By Senator Atkinson of the 1st: A resolution, the House concurring, that a Committee of five be appointed, two on the part of the Senate and three on the part of the House, to be appointed by the President of the Senate and the Speaker of the House to notify His Excellency, the Governor, that the General Assembly has completed its business and is ready to adjourn. The Speaker of the House has appointed on the part of the House as a Committee of escort:
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Boynton of Union, Pruitt of Lumpkin, Smiley of Liberty. The following message was received from the House through Mr. McCutchen, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following resolution of the House, to wit: HR 9. By Messrs. Fortson of Wilkes, Goldberg and Hurst of Coweta: A resolution stating that it be the sense of the Assembly that the offices of the two former members of the Prison Commission have been abolished, that they should vacate their offices and that they should not be re-employed by the Department of Corrections. The following bill was read the third time and put upon its passage: HB 1. By Messrs. Mavity of Walker; Harris of Richmond; McCracken of Jefferson; and others. A bill to be entitled an Act to provide for Georgia men and women in military service of the United States of America to participate in elections and primaries; and for other purposes: Senator Pope of the 7th moved the previous question and the motion prevailed. Senator Hall of the 50th offered the following amendment: Amend HB 1 by striking section 18 in its entirety. The amendment was lost. Senator Hall of the 50th offered the following amendment: Amend HB 1 by striking out the words in lines six and seven; namely, to absolve and abolish poll taxes against the military. The amendment was lost. Senator Hall of the 50th offered the following amendment: Amend HB 1 to provide registration and voting for only military in the Army and Navy. To strike out the sentence and words in line 8; namely, to absolve and abolish poll taxes against the military. The amendment was lost. Senator Hall of the 50th offered the following amendment: Amend HB 1 by striking out section 19; namely, all poll taxes which may have accrued or which may hereafter accrue during his military service against members of the military residents of this state be and that the same are hereby abolished, repealed and remitted.
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The amendment was lost. Senator Lovette of the 16th offered the following amendment: Amend HB 1 as follows: WHEREAS, the most important office to be elected in 1944 is the President of the United States; and WHEREAS, Georgia has always voted Democratic and I hope always will. The only opportunity that a citizen, either in private life or in the armed forces in Georgia, have for expressing their wishes for President is in a preferential primary. The soldiers at the battlefront, for which this extra session is called are more interested this year in who the next president of the United States will be than all of the other offices put together. If they are denied a preferential primary, the soldiers from Georgia have no voice in selecting the one they wish for president. WHEREFORE, amend House bill No. 1, by adding the following Section before repealing clause, to be known as Section 19A and to read as follows: PARAGRAPH 1. BE IT ENACTED BY THE GENERAL ASSEMBLY and it is hereby enacted that the Democratic Executive Committee shall name the date for holding a preferential primary in said state on the same date that they call the state primary, provided that the State primary is called prior to June 1st. for members of congress. United States Senators, and other state-house officers to be voted on. In the event the State Democratic primary is not called on June 1st, then the Democratic Executive Committee to set the Democratic primary for President before June 1st, 1944. Paragraph 2. BE IT FURTHER ENACTED, that the Democratic Executive Committee assess the entrance fee against the candidates who file for running in the preferential primary for President, and the rules governing the Democratic primary for Congress and Senate shall also be the rules governing the primary for President of the United States. Paragraph 3. And that the caption in the bill be amended accordingly. The amendment was lost. Mr. Hollis of the 24th District, Chairman of the Committee on Engrossing, submitted the following report: Mr. President: Your Committee on Engrossing have read and examined the following Resolution
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of the Senate and have instructed me as Chairman, to report the same back to the Senate as correct and ready for transmission to the House: SR 5. Respectfully submitted, M. R. Hollis of the 24th District, Chairman. Mr. Boyette of the 11th District, Chairman of the Committee on Enrolling, submitted the following report: Mr. President: Your Committee on Enrolling have read and examined the following Resolutions of the Senate and have instructed me as Chairman, to report the same back to the Senate as correct and ready for transmission to the Governor: SR 4. SR 5. Respectfully submitted, R. L. Boyette of the 11th District, Chairman. Mr. Hollis of the 24th District, Chairman of the Committee on Engrossing, submitted the following report: Mr. President: Your Committee on Engrossing have read and examined the following Resolution of the Senate and have instructed me as Chairman, to report the same back to the Senate as correct and ready for transmission to the House: SR 8. Respectfully submitted, M. R. Hollis of the 24th District, Chairman. The report of the committee which was favorable to the passage of the bill was agreed to. On the passage of the bill the ayes were 39, nays 0. The bill, having received the requisite constitutional majority, was passed. The following resolution was read and adopted: SR 8. By Senator Ennis of the 20th:
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A resolution expressing to Senator Orsbon Foster of the 40th Senatorial District, Representative Wendell Horne of Crisp County, W. A. Foster, Jr., of Paulding County, and Elliott Hagan of Screven County, members of the 1943-44 General Assembly of Georgia, the best wishes of the General Assembly. The following resolution was taken up for consideration: SR 6. By Senators Forrester of the 44th, Raynor of the 4th, and Terrell of the 19th: A resolution providing for the Committee on Auditing to stay over for three days after adjournment for the purpose of auditing the Senate accounts. Senator Millican of the 52nd offered the following amendment: Amend Senate Resolution 6 by striking the figure three in the fourth line and inserting in lieu thereof the figure two. The amendment was adopted. By unanimous consent the resolution was adopted. The following resolution was read and adopted: SR 7. By Senators Kennedy of the 2nd, Raynor of the 4th, and Preston of the 27th: A resolution providing that the Secretary and four attaches and the President and one secretary be authorized to draw their usual per diem pay for three days after the session. The following resolution was read and adopted: SR 9. By Senator Atkinson of the 1st: A resolution informing His Excellency, the Governor, that the Senate has completed its transaction of business and now stands ready to adjourn sine die and providing for a committee to inform the governor. The president appointed on the part of the Senate: Senators Estes of the 35th, Brock of the 37th. The following message was received from the House through Mr. McCutchen, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following resolution of the House, to wit: HR 8. By Messrs. Harris of Richmond, Durden of Dougherty, Hand of Mitchell and Goldberg of Coweta: A resolution proposing that the House of Representatives, the Senate concurring, extend to the Hon. Wiley L. Moore thanks for his splendid barbecue and his splendid service that he is rendering to the State of Georgia.
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The following message was received from the House through Mr. McCutchen, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following resolution of the Senate, to wit: SR 5. By Senator Arnall of the 36th: A Resolution pertaining to the cost of dairy feed. The following message was received from the House through Mr. McCutchen, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following resolution of the Senate, to wit: SR 4. By Senators Millican of the 52nd; Gross of the 31st; Atkinson of the 1st, and Pope of the 7th: A resolution that the President of the United States, the Postmaster General and the Congress of the United States be urgently requested to make it possible for the members of the military forces of the United States to return registration certificates and ballots to the proper election officials of State and their political subdivisions by air mail free of postage charges; and for other purposes. The following resolution was read and adopted: HR 9. By Messrs. Fortson of Wilkes, Goldberg and Hurst of Coweta: A RESOLUTION WHEREAS, the General Assembly of Georgia in extraordinary session during the year 1943 abolished the State Prison Board and created a Department of Corrections, and WHEREAS, the General Assembly at said time terminated the office of the members of said Board, and WHEREAS, it has been brought to the attention of this Assembly that two members of said Board have refused to vacate their offices and are seeking and demanding employment by the new Department of Corrections; NOW, THEREFORE, BE IT RESOLVED by the House, the Senate concurring, that it be the sense of the Assembly that the offices of the said two former members of the Prison Commission have been abolished, that they should vacate their offices and that they should not be re-employed by the Department of Corrections.
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The following communication from His Excellency, the Governor, was read by the secretary: OFFICE OF THE GOVERNOR ATLANTA ELLIS ARNALL Governor GRACE CANNINGTON Secretary January 7, 1944 Mr. President and Members of the State Senate: I am delighted that the so-called soldier voting measure has been enacted into law. There has never been a more harmonious session of the General Assembly. As Governor, I desire to thank each and every Senator for his cooperation in making it possible for Georgia to become not only the first State to extend the voting franchise to our eighteen year old citizens many of whom wear the uniform of our country, but also for Georgia to become the first State to provide adequate voting machinery for our primaries and elections so that the men and women in military service may exercise the right of franchise. We have shown the nation that states can assume their proper responsibilities. The people of Georgia are appreciative of the fine public service rendered to the State by the members of the 1944 extraordinary session of the General Assembly. With best wishes to each Senator and with highest personal esteem, I am, Faithfully yours, ELLIS ARNALL Governor ea/gc The following message was received from the House through Mr. McCutchen, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following resolution of the House, to wit: HR 6. By Messrs. Broome and Hubert of DeKalb, Rosse of Putnam, and others: A resolution authorizing a committee to investigate the milk situation, and to make such recommendations as they may think proper to the Director of the Milk Control Board, and to report back to the next regular or special session of the General Assembly its acts; and for other purposes. The following resolution was read and adopted: HR 8. By Messrs. Harris of Richmond, Durden of Dougherty, Hand of Mitchell, and Goldberg of Coweta:
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WHEREAS, the Honorable Wiley L. Moore, the efficient, competent and popular Director of the Department of Corrections, gave to the members of the General Assembly one of the finest old fashioned Georgia barbecues ever given in accordance with O.P.A. regulations, Tuesday afternoon, beginning at 5 P.M., and WHEREAS, the said Wiley L. Moore has been for many years one of the leading business and public spirited citizens of this State, and WHEREAS, he is, at the present time, at the request of the Governor, giving his time to the organization of the system of penal operations in accordance with the Act of the General Assembly passed at the extraordinary session of 1943, without compensation; NOW, THEREFORE, BE IT RESOLVED by the House, the Senate concurring, that we extend to the Honorable Wiley L. Moore our appreciation and thanks for his splendid barbecue and for the splendid service that he is rendering to the State of Georgia. BE IT FURTHER RESOLVED that a copy of this Resolution be forwarded to the Honorable Wiley L. Moore. The following message was received from the House through Mr. McCutchen, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following resolution of the Senate, to wit: SR 10. By Senator Atkinson of the 1st: A resolution providing that the General Assembly do now stand adjourned sine die. The president announced the Senate adjourned sine die at 10:39 A.M.
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SENATE JOURNAL INDEX (FOR NUMERICAL INDEX SEE PAGE 31) Adjournment of General Assembly sine die, SR 10 29 Auditing committee, say-over, SR 6 26 Best Wishes of General Assembly to former members now in military service, SR 8 26 Candler, Judge Tom, presented to Senate 21 Carmichael, Hon. James V., presented to Senate 21 Clarke, Hon. Warren H., presented to Senate 21 Collins, Capt. Harry E., presented to Senate 21 Committee on Engrossing 7 , 21 , 25 Committee on Enrollment 25 Cost of dairy feed, SR 5 20 , 27 Creation of War Ballot Commission, SB 1 15 , 16 Creation of War Ballot Commission, HB 1 18 , 19 , 21 , 23 , 25 Escort for Governor to joint session 7 Evans, Hon. Randall, presented to Senate 19 Extent thanks to Hon. Wiley L. Moore for splendid barbecue, HR 8 26 , 29 Extending wishes for early recovery to Senator Kimbrough 18 Free postage for return of registration certificates, SR 4 18 , 27 Governor Arnall's address to joint session 8 Governor Arnall's communication to Senators 28 Governor Arnall's Proclamation convening Extraordinary Session 5 Henderson, Hon. Malcolm. British Consul, presented to Senate 16 Joint session in Hall of the House, SR 3 7 , 8 Lindlad, Mrs. Everett, presented to Senate 20 Moore, Hon. Wiley L., issues invitation to barbecue 16 Notify Governor, extraordinary session convened, SR 2 7 , 8 Notify Governor, General Assembly ready to adjourn, SR 9 22 , 26 Notify the House the Senate convened, SR 1 7 Report of Committee on State of Republic 17 , 20 Senate officials, stay-over, SR 7 26 Two former members of Prison Commission should vacate offices, HR 9 23 , 27 Woodson, Hon. O. L., presented to Senate 21
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NUMERICAL INDEX SENATE JOURNAL (FOR GENERAL INDEX SEE PAGE 30) SENATE BILL SB 1. creation of War Ballot Commission 15 , 16 SENATE RESOLUTIONS SR 1, notify the House the Senate convened 7 SR 2, notify Governor, extraordinary session convened 7 , 8 SR 3, joint session in Hall of the House 7 , 8 SR 4, free postage for return of registration certificates 18 , 27 SR 5, cost of dairy feed 20 , 27 SR 6, auditing committee, stay-over 26 SR 7, Senate officials, stay-over 26 SR 8, best wishes of General Assembly to former members now in military service 26 SR 9, notify Governor General Assembly ready to adjourn 22 , 26 SR 10, adjournment of General Assembly sine die 29 HOUSE BILL HB 1, creation of War Ballot Commission 18 , 19 , 21 , 23 , 25 HOUSE RESOLUTIONS HR 8, extend thanks to Hon. Wiley L. Moore for splendid barbecue 26 , 29 HR 9, two former members of Prison Commission should vacate offices 23 , 27
JOURNAL OF THE HOUSE OF REPRESENTATIVES AT THE EXTRAORDINARY SESSION OF THE GENERAL ASSEMBLY COMMENCED AT ATLANTA, MONDAY, January 3, 1944 BOWEN PRESS Decatur, Georgia
OFFICERS OF THE HOUSE OF REPRESENTATIVES 1943 AND 1944 ROY V. HARRIS, of Richmond Speaker FRED HAND, of Mitchell Speaker Pro Tem. P. T. McCUTCHEN, JR., of Fulton Clerk JOSEPH M. BRANCH, of Washington Chaplain GEORGE T. BAGBY, of Paulding Message Clerk W. E. DIXON II, of Bibb Reading Clerk HUGH STRIPLIN, of Heard Messenger MARION TOMS, of Quitman Doorkeeper
Representative Hall, Atlanta, Georgia, Monday, January 3, 1944. Pursuant to the call of His Excellency, Governor Ellis G. Arnall, the House met in extraordinary session this day at 1:00 P.M., and was called to order by the Honorable Roy V. Harris, Speaker. Scripture reading and prayer by the Chaplain, Reverend Joseph M. Branch, of Davisboro, Georgia. The following proclamation calling the General Assembly in extraordinary session was read: A PROCLAMATION CONVENING THE GENERAL ASSEMBLY OF GEORGIA IN EXTRAORDINARY SESSION WHEREAS, Under the Constitution of the United States the voters of our Nation will this year elect a President, Vice-President, a third of the members of the United States Senate, the entire membership of the House of Representatives; and WHEREAS, The election involving the selection of National leaders in 1944 will be the most important election in the history of our great Nation since to the leaders and officials of the National Government will be entrusted the responsibility of directing the affairs of government in our own country and prosecuting to a successful conclusion the present world war, as well as the establishment of a permainent peace in a new world; and WHEREAS, Certain State officials of high office and county officials will be nominated in party primaries and elected in November of this year; and WHEREAS, These State and county officials will be charged with the important duty of shaping State and local governments to meet the needs of the returning soldiers, sailors and marines after this war is over; and WHEREAS, There are now in the armed forces of this Nation almost 250,000 Georgians; men and women of voting age who stand prepared to sacrifice everything, including life itself, in order that the forces of totalitarianism and dictatorship may be defeated and freedom reestablished as the inherent right and privilege of all mankind; and WHEREAS, Our present system of registration and voting was planned and laws appertaining thereto enacted without consideration of the peculiar situation which exists today, a situation which finds many thousands of patriotic and loyal Georgians scattered over the face of the earth upon far flung battle fronts and outposts, upon foreign soil engaged in a mighty conflict for freedom, liberty and justice; and WHEREAS, The laws of this State fail to provide a suitable method for
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granting to these patriotic Georgia men and women the expression of their choice in the election of our National. State and county leaders; and WHEREAS, It is fitting and proper that Georgia, one of the original States of the Union, ever inhabited by patriots of brightest valor, should be the first State in our Nation to manifest to the men and women who serve our country our undying appreciation, high regard and deep affection for them by authorizing and allowing the exercise of franchise rights by them; and WHEREAS, An extraordinary occasion has come about which requires dynamic, timely and positive action on the part of our Legislative Branch of Government: NOW, THEREFORE. The premises considered, I, ELLIS ARNALL, GOVERNOR OF GEORGIA, under and by virtue of the power and authority conferred upon me by the Constitution of this State, as set forth in Article V, Section I, Paragraph XIII thereof, do hereby convoke the General Assembly of Georgia into extraordinary session at One O'Clock P.M. (CSWT), Monday, January 3, 1944, for the object of considering and enacting legislation relating to the registration and voting of men and women in the military service of the United States of America who are residents of this State and for the object of considering and enacting measures connected therewith and relating thereto in any manner, form or degree whatsoever. GIVEN under my hand and the Great Seal of the State of Georgia, at the Capital City of Atlanta, on this the first day of January, Year of our Lord One Thousand Nine Hundred and Forty-Four. ELLIS ARNALL Governor By the Governor: JOHN B. WILSON Secretary of State The following resolutions of the House were read and adopted: HR 1. By Mr. Durden of Dougherty: A resolution directing the Clerk of the House to notify the Senate that the House has convened in extraordinary session and is ready for the transaction of business. HR 2. By Mr. Durden of Dougherty: A RESOLUTION Be it resolved by the House, the Senate concurring, that a committee of five, two to be named by the President of the Senate and three by the Speaker of the House, be appointed to notify His Excellency, the Governor, that the General Assembly has convened in extraordinary session in compliance with his proclamation and is ready for the transaction of business.
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Under the provisions of HR 2, the Speaker appointed the following members as a Committee on the part of the House: Messrs, Swint of Spalding. Sharpe of Toombs, and Ennis of Baldwin. HR 3. By Mr. Durden of Dougherty: A RESOLUTION Be it resolved by the House, the Senate concurring, that the General Assembly convene in joint session in the Hall of the House of Representatives immediately for the purpose of hearing a message from His Excellency, the Governor, and that a committee of five, two to be named by the President of the Senate and three by the Speaker of the House, be appointed to escort the Governor to the Hall of the House. Under the provisions of HR 3, the Speaker appointed the following members as a Committee on the part of the House: Messrs. Hand of Mitchell, Hagan of Screven and Heard of Elbert. The following message was received from the Senate through Mrs. Nevin, the Secretary thereof: Mr. Speaker: The Senate has passed by the requisite constitutional majority the following resolutions of the Senate to wit: SR 1. By Senator Millican of the 52nd: A resolution notifying the House that the Senate has convened in extraordinary session and is ready for the transaction of business. SR 2. By Senator Millican of the 52nd: A resolution providing for the appointment of a committee to notify His Excellency, the Governor, that the General Assembly has convened in extraordinary session. The president has appointed on the part of the Senate: Senators Kennon of the 6th, and Terrell of the 19th. The following message was received from the Senate through Mrs. Nevin, the Secretary thereof: Mr. Speaker: The Senate has passed by the requisite constitutional majority the following resolutions of the Senate to wit: SR 3. By Senator Millican of the 52nd: A resolution convening the General Assembly in joint session for the purpose of hearing a message from His Excellency, the Governor, and providing for a committee of escort.
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The president has appointed on the part of the Senate as a committee of escort, Senators Foster of the 40th, and Thigpen of the 49th. The following resolutions of the Senate were read and adopted: SR 2. By Senator Millican of the 52nd: A RESOLUTION Be it resolved by the Senate, the House concurring that a committee of five, two to be named by the President of the Senate and three by the Speaker of the House, be appointed to notify His Excellency, the Governor, that the General Assembly has convened in extraordinary session in compliance with his proclamation and is ready for the transaction of business. SR 3. By Senator Millican of the 52nd: A RESOLUTION Be it resolved by the Senate, the House concurring, that the General Assembly convene in joint session in the Hall of the House of Representatives immediately for the purpose of hearing a message from His Excellency, the Governor, and that a committee of five, two to be named by the President of the Senate and three by the Speaker of the House, be appointed to escort the Governor to the Hall of the House. By unanimous consent, the Speaker ordered a recess awaiting the arrival of the Senate. The time of convening the joint session of the House having arrived, the Senate appeared upon the floor of the House and the joint session convened for the purpose of hearing a message from His Excellency, Governor Ellis G. Arnall, was called to order by the Honorable Frank C. Gross, President of the Senate. The Secretary of the Senate, Mrs. Henry W. Navin, read the resolution providing for the joint session. Accompanied by a committee of escort, Governor Arnall appeared upon the floor of the House and delivered the following address: MR. PRESIDENT, MR. SPEAKER, AND MEMBERS OF THE GENERAL ASSEMBLY OF GEORGIA: Our country has been at war for more than two years. The men of Georgia's National Guard have been on active duty for almost four years, for the most of which time they have been on foreign assignment. Almost a quarter of a million men and women of our State are in the armed services of our country. In 1944 we will hold a general election and party primaries of exceptional importance.
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I tell you today, it is necessary that provision be made for these men and women in the services to exercise their right to vote. They desire to exercise that right. Their fellow citizens, by overwhelming ratification of the amendment reducing the voting age, which this General Assembly submitted to the voters last year, have expressed their determination that their sons and daughters, their brothers and sisters, who are serving our common country, shall not be disfranchised. It is not beyond the realm of possibility that Congress may enact some measure permitting those in the services to vote for Federal officials; for electors for President and Vice-President, for Senators and for Congressmen. But such a measure, even if it were legal and were enacted speedily into law by the Congress, could not permit service men and women to vote for State and county officials. It could not provide for participation in party primaries by men and women in the services. In Georgia, the local and State primaries are usually the equivalent of election. It is in the primary that the great majority of our boys and girls overseas and in the camps wish to vote. Provision for this requires substantial changes in our election laws. Therefore, I have asked the General Assembly of Georgia to meet and to consider and to enact legislation that will permit qualified citizens of Georgia now in the services to participate in the State elections, and that will permit qualified members of any political party to vote in the primaries held by that party. We must recognize, however, that it will be utterly impossible to see to it that every man and woman in the military service participates in our elections. Time and distance and military secrecy are difficult to conquer. It will not be possible for American soldiers interned in Japanese prison camps to exercise their elective franchise. It will not be possible for those on duty at secret assignments in inaccessible places throughout the world to participate. But we can do our best to afford them the opportunity. We can keep the record straight. I know that it is at no small sacrifice that the members of the General Assembly meet at this session. There are innumerable obligations at home to be fulfilled as the year begins. However, if the votes of your fellow-citizens, who are defending our common country on seven seas and upon six continents and in the air above Fortress Europe, are to be counted in the primary and the election held this year, prompt action through legislation is needed. We have heard a great deal in recent debates in Congress, in recent speeches and articles, about State's rights. The preservation of State's rights depends, I am convinced, upon a ready acceptance by the States of their responsibilities. The primary responsibility of any government is the preservation of the individual rights of the citizens, of which the political and civil rights are the most important because all other rights depend upon their free exercise.
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That is the tradition in Georgia. It has been the practice in Georgia since the elections held in the days of Button Gwinnett and in the days of Archibald Bulloch. It was the practice in Georgia in the days when our nation was plunged into the desolating strife of the War Between the States. It is a tradition solidly grounded upon firm principles. In this nation, we do not resort to the militaristic scheme of a huge standing army; we rely upon a civilian army, a citizen army; we trust in the courage and loyalty, the honor and patriotism of the youth of our nation. The tradition of a patriotic citizenry springing to arms in the defense of the liberties that alone can make life dear is strong in Georgia. From that eventful morning when Oglethorpe's handful of colonists crushed at Bloody Marsh the trained and picked professional soldiers of Spain, through the agonies of military occupation during the Revolution that was broken through the resourcefulness and courage of Georgia irregulars, through the sad and gallant days when members of Georgia companies marked their ballots around the campfires of the Army of Northern Virginia, our State has preserved the belief that the citizen-soldier is no less citizen because he has laid aside for the moment the cap-and-gown of the scholar, the tools of the artisan or the plow of the farmer, to bear arms in defense of his home, his freedom and his honor. Provisions for absentee voting by soldiers were simple in 1777 and 1861. The number of individuals involved was proportionately smaller than today. Generally the units were made up of men from the same State, and, in very many cases, from the same county. Today the sons of Georgia are farther from their native land than Vicksburg or Richmond. Today they are scattered, except for those in the National Guard, and march shoulder to shoulder with boys from Vermont and Oregon and Kansas. The simple measures, sufficient to insure their participation in the elections of 1777 and 1861, are inadequate to safeguard their voting in 1944. But the principle remains unchanged. We must not deprive any man of his voice in our government because he has been called by that government to the supreme test of his loyalty to his country and his fellow citizens. The honor of Georgia would be sullied, the faith of Georgia would be broken, the tradition of Georgia would be dishonored if the men driving through the perilous jungles of New Guinea, or standing sentry in the desolate wastes of Iceland, or aboard some vessel of our Navy in the Sea of Japan, should be deprived of their voice in the government of their country, their State or their nation because we took no action upon this problem. Accordingly, I have asked the members of the General Assembly to come to our State Capital and study the question and seek a way by which the votes of our citizens absent upon high duty to our nation may be recorded. The legislation that I believe is desired by the people of Georgia in this emergency
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would provide, among other things, for a simple system of registration for the members of our military so that those not now registered may easily do so. Provision should be made for moving up our primaries, elections and qualification dates where necessary, so as to afford sufficient time for the casting of ballots by men and women in service. Sufficient time should be given so that those at farstretched outposts who are qualified to participate in our primaries and elections may do so. We must abolish the poll tax as an assessment and prerequisite for voting against the men and women in the military service of our country. It is my recommendation to the Assembly that a War Ballot Commission be created to harmonize voting laws and to serve as a tribunal to expedite and facilitate soldier voting. Such a War Ballot Commission could serve as an agency to which the Federal Government could give its cooperation in carrying out the purposes of an Act of the Georgia General Assembly providing for soldier voting. The legislation enacted should simplify absentee voting. It should provide an easy way of obtaining a ballot, and an easy way for returning it to the election holders. It is my recommendation that the proposed legislation be temporary, terminating upon the convening of the next regular General Assembly after the end of the present war. The effect of such legislation simply would be that all persons who, if they were in their home county, could vote in a general election can vote in the general election, and that all persons who, if they were at home could vote in the primary, can vote in the primary. The legislation would not increase the number of persons eligible to vote above the number that would be eligible if they were at home instead of abroad or in a training camp. It would not reduce the qualifications for voting. It would aim at one thing and only one thing: facilitating the voting by the men and women in service, assuring them of the right of participating in the government of the country they are defending. Such measures are in the tradition of this State, which, historians believe, probably was the first in the Nation to provide for the counting of votes by its men in the service during the period of the War Between the States. It would be peculiarly fitting for Georgia to be the first State of the Union to enact such legislation in this war. I have emphasized the participation of the men and women now in service in the primary and in the election of State and local officers, because without action by the State through its General Assembly they could participate effectively in neither, no matter what action was taken by the Congress. However, there has been no measure enacted by Congress dealing with the votes of those in service for Federal officers. There is grave possibility that no valid, effective and constitutional legislation will be or can be enacted. I may say that this view is shared by Georgia's distinguished Senior Senator, Walter F. George, one of the Nation's great constitutional lawyers as well as a public servant with a high sense of responsibility and lofty ideals of patriotism. Senator George, as you know, has been deeply interested in the subject of voting by those in service. His own flesh and blood wear the uniform of our
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country; one of his sons already has paid the last full measure of devotion to its cause. For that reason, in part, no doubt, no less than because of his deep faith in the orderly processes of democratic government, Senator George has suggested State action as a needful safeguard to insure that the votes of Georgia service men and women reach the ballot box. There are certain unanswerable arguments demanding that action be taken to insure the sanctity of the soldiers' ballots. Foremost is the thesis of democratic principles. In this free nation, we believe that government exists solely by the will of the people; we believe that every citizen has a right to participate in making the laws by which we must live and in selecting the officials who shall administer those laws; we believe that the welfare of our country in time of peace can be entrusted to the votes of our people, and that its security in time of war can be maintained by their service in its cause. We do not believe that a boy is unfit to be a citizen and a voter because he risked his life in the Salerno landing. We do not believe that a girl is unfit to be a citizen and a voter because she served her country as a grease monkey in the WAC or as a nurse in an up-front hospital or as a weather-watcher in the WAVES. I hope that Georgia will not see the day when the uniform of our country will be the badge of disfranchisement for the man or woman who wears it. There is likewise the vital question of the interest these young men and young womenten million in the nation, more than 200,000 of them from Georgiahave in the future of our country. They will come back to us after the war. This is their home. This is their country. If it is a country worth dying for, it must be a country worth living in. Whether it passes through the transition period of the postwar years into a prosperous, busy nation, where individual rights are respected, depends upon the type of government that we have on every levellocal, State and nationalon the day when the war ends. The public officials chosen this year will shape the peace. The President chosen next November and his cabinet will write the peace treaty; the Senate of which a third of the members are chosen this year will consider that treaty; the Congress chosen this year will provide the funds and levy the taxes and write the laws to implement the peace. The State Legislature chosen in the fall primary will consider the issues in our State developing in the changing world; they will even pass upon a revision of our basic constitutional law. The local officials chosen in 1944 must be the ones to handle the difficult problems of converting communities from a war basis to one of peace. It is imperative that the men and women who serve in this war have a share in writing the peace and in shaping the postwar world. That world will belong to their generation and to their children. They will have saved it from the menaces of foreign enemies and totalitarian ideologies. If
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in their absence, through injustice to them, democracy is subverted by the cynicism of us at home, by denying them the stature of free men and citizens to a vote, the consequences may well be serious. They unquestionably will feel a deep resentment against the men and the system that denied them their rights. They will feel that the plans for America or Georgia or their home county made without their consent are not binding upon them. They will feel that they have been defrauded of their birthright while they were risking their lives to preserve our own. Likewise, I believe that we need in public affairs the special values that these fine young men and women will bring. Although the Selective Service Act has reached to those in the thirties, the bulk of the armed forces of America, especially those serving overseas, is made up of those in their twenties together with those of the teen age group that, in Georgia, have been given the franchise. The issues that we will confront at the ballot boxes in 1944 will be tremendously important. They involve America's place in world affairs and America's domestic policy in the postwar transition period. Upon those issues we well may take guidance from the men and women who fight, who possess yet enthusiasm and audacity and courage and unselfishness. Christmas morning, Mrs. Arnall, my little son and I drove to Newnan to gather around the family hearthstone. My younger brother was there, granted seven days' leave on his way to take special training for duties that shortly will carry him overseas. He was a little taller, a little broader, a little more mature than when I last saw him. With the tremendous earnestness of young men, his mind was upon two things: the job he had to do and the world he was coming back to when that job was over. That is what all of them are thinking about, these young men that you pass every day on the street, some of them laughing and joking and others with their minds apparently off in a cloud somewhere. All of them, your sons and your younger brothers and the boy next door, and thinking about the job they've got to do and the world that they will face when they come back from doing it. They deserve and they must have a hand in the shaping of that world. A fitting sense of gratitude to those who have ransomed our way of living and our very lives at the cost of their comfort and their lives, demands that we give those in our country's service a voice in the management of its affairs. The right to vote is far from complete recompense to a man who has waded ashore under a hail of machine gun bullets on some South Pacific beach head, and spent days and nights on short rations in a foxhole while Zeros droned overhead, and hacked his way through miles of tangled jungle infested by poisonous snakes, stinging insects and Jap snipers. There is neither gold enough, nor honors enough, nor medals enough to repay a man for that!
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But the knowledge that his fellow-citizens back home recognize the degree of his sacrifice, and are willing to go to the trouble to see that he is treated as a full citizen of the nation for which he fights, is the one type of repayment unworthy neither of the nation nor its heroes. Democracy is not well served nor its cause furthered when the men fighting for its triumph are denied a share in the government of their country. One of the criticisms that the apostles of Hitler's totalitarian doctrines has leveled at the democratic countries is that they are unable to act in time of crisis, that their techniques of representative government have worn out, that legislative bodies have lost their effectiveness. I think, in Georgia, we have given them a demonstration that this is not true. We have proved that democratic government can be efficient and that effective solutions to our problems can be found by the representatives of the people. The accomplishments of the Georgia General Assembly during the twelve months that have just passed have been illuminating illustrations of how a democratic, constitutional, representative system can work. You have given proof that State governments can solve the problems of their citizens. The basic reforms submitted by the Assembly in the regular session, the enactment of penal reform legislation in the historic five day session in September have advanced the interests of our State tremendously, as well as enhancing its reputation in the eyes of those outside its borders and giving our own citizens a renewed pride in their commonwealth. I am deeply grateful for the cooperation that the Assembly has given to my Administration, and I believe that Georgia's citizens are grateful to you for your sincere patriotism and your accomplishments on behalf of our State. I am convinced that this Assembly will dispose of the issue of votes for the men in the Army, Navy, Marine Corps and other services and for the women in the WAVES, WACS, SPARS and Marines with the same sound judgment, decisively rapid action and lofty sense of obligation to our citizens that you displayed in the past in considering other measures for the public welfare. There can be no just opposition to permitting the soldiers to vote. Only those who deplore the bombings of Berlin and Hamburg in a spirit of mock piety, and plead for an understanding with Japan at the expense of the freedom of one of our great allies, and find extenuations for the black treachery of Hirohito and the infamy of Hitler while lashing our own national war leadership with vicious vituperation can desire that the ballot be denied to our fellow citizens whoat this very momentare fighting for our common country on every front from the mountain passes of Italy to the barren atolls of the Gilberts. I do not wonder that the defenders of totalitarian doctrines, the advocates of dictatorship, the exponents of prejudice and distrust and hatred, the advocates of the profiteers and black market racketeers, the fellow-travelers of the Bundists and the admirers of the firm methods of Hitler and Hirohito, should be opposed to the soldiers' voting. They can expect small comfort for these theories and their advocates from the men and women in service, who have offered their blood as the
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price of our liberty and their living bodies as a shield for our nation against foreign proponents of these same pernicious doctrines. But the great majority of Georgians and of Americans desire that those serving our common country, whether overseas or in training camps, be their equals and their partners in the selection of our public officials. If we cannot have confidence in the young men who are piloting Flying Fortresses and operating tanks and carrying rifles, if we cannot trust the young women who have put on their country's uniform to release men for combat duty at the front, then we have nowhere to turn. The measure submitted to you, the members of Georgia's General Assembly, providing a method by which the voices of Georgia's men and women in our armed forces may be heard on public affairs is a reaffirmation of our faith in those who are risking their lives to preserve our way of life. By permitting these, our fellow citizens, to vote, Georgia again will have evidenced its trust in the valor and loyalty of its sons and in the courage and honor of its daughters. Georgia again will have led the way! Mr. Durden of Dougherty moved that the joint session be now dissolved, the motion prevailed and the President of the Senate declared that the joint session dissolved at 1:15 P.M. The roll was called and the following members answered to their names: Adams Allison Anderson Baker Battles Barfield Bennett Bentley Bowen Boynton Branch Bridges Broome Brunson Burnside Burton Caldwell Campbell of Newton Campbell of Polk Cannon Cates Chance Cheshire Clark Connell Crummey Culpepper Curry Dalton Daves Deal Dorsett Dorsey Drake Dukes Dunn [Illegible Text] Durden Dyal Easler Edwards Elliott Ennis Etheridge Fisher Fortson Fussell Gardner Gaskins Gaston Gavin Gholston Giddens Gilbert Gillis Goldberg Gowen Graham Gray Greene of Jones Greene of Schley Hagan Hand Harden Hardy Hart of Quitman Hart of Thomas Hartness Hatchett
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Heard Hefner Herndon Hicks Hightower Hill of Clarke Hill of Troup Hogg Holley Hubert Hurst Jennings of Sumter Jennings of Terrell Joiner Johns Johnson of Chattahoochee Johnson of Pike Johnston Jones Kelly of Thomas Kelly of Walker Kendrick Key Knabb Littlejohn Mabry Malone Mankin Martin Mason Mavity Maund McCamy McCracken McEntire McNall Medders Mills Mims Minchew Mitchell Mixon Moate Moore of Baldwin Moore of Talliaferro Nicholson of Oconee Nicholson of Richmond Norman Oliver Overby Parker Peck Pettit Phillips Pirkle Porter Price Pruitt Ray Reid Reynolds Riddlespurger Riley Rossee Salter Sharpe Sheppard Smiley Smith of Oglethorpe Sparks Strickland Sumner Swint Thigpen Thomas Thompson Thrash Thurmond Warnock Weaver Welch Wells of Ben Hill Wilbanks of Cherokee Williams of Coffee Williams of Harris Willoughby Wilson Wright Yawn Mr. Speaker By unanimous consent the following was established as the order of business during the first period of unanimous consent: FIRST. Introduction and reference of bills and resolutions under the rules of the House. By unanimous consent the following bill of the House was introduced, read the first time and referred to the Committee: HB 1. By Messrs. Fortson of Wilkes, Harris of Richmond, Durden of Dougherty, McCracken of Jefferson, Hand of Mitchell, Gowen of Glynn, Clarke of Catoosa, Mavity of Walker, Broome of DeKalb, Gardner of Mitchell, Hagan of Screven, Anderson of Wayne, Kelley of Walker, Hatchett of Meriwether, Holly of Richmond, Phillips of Columbia, Goldberg of Coweta, Minchew, of Atkinson, Key of Jasper, Easler of Crawford, Allison of Gwinnett, Norman of Henry, Sharpe of Toombs, Giddens of Calhoun, Williams of Coffee, Reid of Carroll, Hart of Thomas, Baker of Floyd,
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Hill of Clarke, Nicholson of Oconee, Strickland of Haralson, Cates of Burke, Dorsett of Douglas, Dalton of Banks, Heard of Elbert, Sumner of Worth, Caldwell of Troup, Gaskins of Berrien, Salter of Upson, Thigpen of Glascock, Etheridge of Fulton, Jones of Grady, Smith of Oglethorpe, Bennett of Ware, Campbell of Polk, Welsch of Cobb, McEntire of Franklin, Bowen of Pierce, Mitchell of Monroe, Chance of Twiggs, Hurst of Coweta, Peck of Dade, Mills of Decatur, Daves of Dooly, Thomas of Chattooga, Williams of Harris, Reynolds of Clayton, Cannon of Rockdale, Gray of Houston, Mabry of Sumter, Jennings of Terrell, Littlejohn of Floyd, Hart of Quitman, Fisher of Jeff Davis, Herndon of Hart, Dorsey of Cobb, Gillis of Treutlen, Dyal of Appling, Medders of Bacon, Adams of Wheeler, Harden of Turner, Rossee of Putnam, Hicks of Floyd, Price of Clarke, Greene of Schley, Greene of Jones, Hightower of Spalding, Johnson of Pike, Thompson of Meriwether, Burton of Lee, McCamy of Whitfield, Pettit of Bartow, Mason of Morgan, Burnside of McDuffie, Crummey of Wilcox, and Mrs. Mankin of Fulton: A Bill to be entitled an act to provide for Georgia men and women in military service of the U. S. A. to participate in elections and primaries; and for other purposes. Referred to the Committee on State of Republic. The following invitation of Honorable Wiley L. Moore was read and accepted: WILEY L. MOORE ATLANTA, GEORGIA January 3, 1944 Honorable Roy Harris, Speaker, House of Representatives, State Capitol, Atlanta, Georgia. DEAR ROY: I want to take this opportunity to extend to you and all the other members of the House of Representatives an invitation to be my guests Tuesday, January 4th, for a Georgia barbecue and brunswick stew dinner at Lakemoore Club, beginning at 5 o'clock. I had a talk with Mr. J. C. Steinmetz, President of the Suburban Coach Company, and he said that if you would appoint some member of the House in charge of transportation that he would contact whomever you appoint and he would be glad to furnish transportation for those members of the House who do not have transportation. I have already extended Governor Arnall an invitation to be with us.
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May I take this occasion to wish for you and all the members of the House a happy and prosperous New Year and that Victory will come to our Nation during 1944. With kindest personal regards and best wishes, I am, Sincerely yours, WILEY L. MOORE WLM:M Mr. Durden of Dougherty moved that the House do now adjourn until 12:00 o'clock noon tomorrow. The motion prevailed, and the Speaker announced that the House stands adjourned until tomorrow noon at 12:00.
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Representative Hall, Atlanta, Georgia. Tuesday, January 4, 1944. The House met, pursuant to adjournment, this day at 12:00 noon, and was called to order by the Speaker. Scripture reading and prayer by the Chaplain. By unanimous consent, the call of the roll was dispensed with. Mr. Gray of Houston, Chairman of the Committee on Journals, reported that the journal of yesterday's proceedings had been read and found correct. By unanimous consent, the reading of the journal was dispensed with. The journal was confirmed. By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents: 1. Introduction of bills and resolutions under the rules of the House. 2. Reports of standing committees. 3. Second reading of bills and resolutions favorably reported. Mr. McCracken of Jefferson County, Chairman of the Committee on State of the Republic, submitted the following report: Mr. Speaker: Your Committee on State of the Republic have had under consideration the following bill of the House and have instructed me as Chairman, to report the same back to the House with the following recommendation: HB 1. Do Pass. Respectfully submitted. McCracken of Jefferson, Chairman. Under the order of business the following bill of the House, favorably reported, was read the second time: HB 1. By Messrs. Fortson of Wilkes, Harris of Richmond, Durden of Dougherty, McCracken of Jefferson, Hand of Mitchell, Gowen of Glynn, Clarke of Catoosa, Mavity of Walker, Broome of DeKalb, Gardner of Mitchell, Hagan of Screven, Anderson of Wayne, Kelley of Walker, Hatchett of Meriwether, Holley of Richmond, Phillips of Columbia, Goldberg of Coweta, Minchew of Atkinson, Key of Jasper, Easler of Crawford, Allison of Gwinnett, Norman of Henry, Sharpe of Toombs, Giddens of Calhoun, Williams of Coffee, Reid of Carroll, Hart of Thomas, Baker of Floyd,
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Hill of Clarke, Nicholson of Oconee, Strickland of Haralson, Cates of Burke, Dorsett of Douglas, Dalton of Banks, Heard of Elbert, Sumner of Worth, Caldwell of Troup, Gaskins of Berrien, Salter of Upson, Thigpen of Glascock, Etheridge of Fulton, Jones of Grady, Smith of Oglethorpe, Bennett of Ware, Campbell of Polk, Welsch of Cobb, McEntire of Franklin, Bowen of Pierce, Mitchell of Monroe, Chance of Twiggs, Hurst of Coweta, Peck of Dade, Mills of Decatur, Daves of Dooly, Thomas of Chattooga, Williams of Harris, Reynolds of Clayton, Cannon of Rockdale, Gray of Houston, Mabry of Sumter, Jennings of Terrell, Littlejohn of Floyd, Hart of Quitman, Fisher of Jeff Davis, Herndon of Hart, Dorsey of Cobb, Gillis of Treutlen, Dyal of Appling, Medders of Bacon, Adams of Wheeler, Harden of Turner, Rossee of Putnam, Hicks of Floyd, Price of Clarke, Greene of Schley, Greene of Jones, Hightower of Spalding, Johnson of Pike, Thompson of Meriwether, Burton of Lee, McCamy of Whitfield, Pettit of Bartow, Mason of Morgan, Burnside of McDuffie, Crummey of Wilcox, and Mrs. Mankin of Fulton. A Bill to be entitled an Act to provide for Georgia men and women in military service of the U. S. A., to participate in elections and primaries; and for other purposes. The Speaker presented to the House Miss Mary Lou Baker, Representative from Pinnellas County in the Florida Legislature, who addressed the members of the House. Mr. Durden of Dougherty moved that the House do now adjourn until 10:00 o'clock tomorrow morning, and the motion prevailed. The Speaker announced the House adjourned until tomorrow morning at 10:00 o'clock.
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Representative Hall, Atlanta, Georgia. Wednesday, January 5, 1944. The House met, pursuant to adjournment, this day at 10:00 A.M., and was called to order by the Speaker. Scripture reading and prayer by Dr. Pierce Harris, Pastor of the First Methodist Church of Atlanta, Georgia. The roll was called and the following members answered to their names: Adams Alexander Allison Alwood Anderson Baker Bates Battles Barfield Bargeron Bennett Bentley Boone Bowen Boynton Branch Brewton Bridges Broome Brunson Burnside Burton Bynum Caldwell Campbell of Newton Campbell of Polk Cannon Cates Chance Cheshire Clark Connell Cowart Crummey Culpepper Curry Dallis Dalton Daves Deal Dorsett Dorsey Drake Dukes Dunn DuPree Durden Dyal Easler Edwards Ennis Etheridge Fisher Fortson Fussell Gardner Gaskins Gaston Gavin Gholston Giddens Gilbert Gillis Goldberg Gowen Graham Gray Grayson Greene of Jones Greene of Schley Guerry Hagan Hand Harden Hardy Hart of Quitman Hart of Thomas Hartness Hatchett Heard Hefner Herndon Hicks Hightower Hill of Clarke Hill of Troup Hogg Holley Hooks Hubert Hurst Jennings of Sumter Jennings of Terrell Joiner Johns Johnson of Chattahoochee Johnson of Pike Johnston Jones Kelly of Thomas Kelly of Walker Kendrick Key Knabb Littlejohn Livingston Looper Mabry
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Powell Price Pruitt Ray Reid Reynolds Riddlespurger Riley Rossee Roughton Rountree Rowland Salter Sharpe Sheppard Sills Smiley Smith of Muscogee Smith of Oglethorpe Smith of Washington Sparks Strickland Sumner Swint Thigpen Thomas Thompson Thrash Thurmond Turner Malone Mankin Martin Mason Mavity Maund McCamy McCracken McEntire McIntosh McNall Medders Miller Mills Mims Minchew Mitchell Mixon Moate Moore of Baldwin Moore of Taliaferro Nicholson of Oconee Nicholson of Richmond Norman Odum Oliver Overby Pannell Parker Peck Pettit Phillips Pirkle Porter Waller Warnock Weaver Welch Wells of Ben Hill Wells of Telfair Whipple Wilbanks of Cherokee Wilbanks of Habersham Williams of Coffee Williams of Harris Willoughby Wilson Wright Yawn Mr. Speaker Mr. Gray of Houston, Chairman of the Committee on Journals, reported that the journal of yesterday's proceedings had been read and found correct. By unanimous consent, the reading of the journal was dispensed with. The journal was confirmed. Under the regular order of business, the following bill of the House was taken up for consideration and read the third time: HB 1. By Messrs. Fortson of Wilkes, Harris of Richmond, Durden of Dougherty, McCracken of Jefferson, Hand of Mitchell, Gowen of Glynn, Clarke of Catoosa, Mavity of Walker, Broome of DeKalb, Gardner of Mitchell, Hagan of Screven, Anderson of Wayne, Kelley of Walker, Hatchett of Meriwether, Holley of Richmond, Phillips of Columbia, Goldberg of Coweta, Minchew of Atkinson, Key of Jasper, Easler of Crawford, Allison of Gwinnett, Norman of Henry, Sharpe of Toombs, Giddens of Calhoun, Williams of Coffee, Reid of Carroll, Hart of Thomas, Baker of Floyd, Hill of Clarke, Nicholson of Oconee, Strickland of Haralson, Cates of Burke, Dorsett of Douglas, Dalton of Banks, Heard of Elbert, Summer of
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Worth, Caldwell of Troup, Gaskins of Berrien, Salter of Upson, Thigpen of Glascock, Etheridge of Fulton, Jones of Grady, Smith of Oglethorpe, Bennett of Ware, Campbell of Polk, Welsch of Cobb, McEntire of Franklin, Bowen of Pierce, Mitchell of Monroe, Chance of Twiggs, Hurst of Coweta, Peck of Dade, Mills of Decatur, Daves of Dooly, Thomas of Chattooga, Williams of Harris, Reynolds of Clayton, Cannon of Rockdale, Gray of Houston, Mabry of Sumter, Jennings of Terrell, Littlejohn of Floyd, Hart of Quitman, Fisher of Jeff Davis, Herndon of Hart, Dorsey of Cobb, Gillis of Treutlen, Dyal of Appling, Medders of Bacon, Adams of Wheeler, Harden of Turner, Rossee of Putnam, Hicks of Floyd, Price of Clarke, Greene of Schley, Greene of Jones, Hightower of Spalding. Johnson of Pike, Thompson of Meriwether, Burton of Lee, McCamy of Whitfield, Pettit of Bartow, Mason of Morgan, Burnside of McDuffie, Crummey of Wilcox, and Mrs. Mankin of Fulton. A Bill to be entitled an Act to provide for Georgia men and women in military service of the U. S. A., to participate in elections and primaries; and for other purposes. The following House Substitute to House Bill No. 1 was read: By Messrs. Harris of Richmond, Durden of Dougherty. Culpepper of Fayette, and Fortson of Wilkes. A BILL To be entitled an Act to provide for Georgia men and women in military service of the United States of America to participate in elections and primaries; to define terms; to proclaim purposes; to provide for registration; to amend and revise laws relating to the time of holding elections, primaries, and conventions; to provide for the time of qualification of candidates; to provide for the furnishing, voting, return and counting of ballots in primaries and elections; to absolve and abolish poll taxes against the military; to create a War Ballot Commission; to define the duties and authorities thereof; to make provisions relating to registration and voting by the military; to provide for the costs thereof; to provide for the termination of this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. The purpose of this Act is to make provision for Georgia men and women in the military service of the United States to participate in County, State, and National Elections, and in Party Primaries by liberalizing the statutes of this State and by making provision for such participation.
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SECTION 2. This Act shall be liberally construed to carry out the purpose of the General Assembly in its enactment. SECTION 3. The State Selective Service, all military organizations, and citizens of this State are charged with the duty of cooperating with election and party officials in carrying out the purpose of this Act. SECTION 4. The term military as used in this Act shall mean enlisted and commissioned members, male and female, of the Army of the United States, the United States Navy, the United States Marine Corps, the United States Coast Guard or any of their respective components who are citizens of Georgia. SECTION 5. The Tax Collectors or Tax Commissioners of the several counties shall provide for the military a registration card in form as follows: I do hereby affirm that I am a citizen of the United States; that I have resided in the state of Georgia one year and in the County of.....for six months immediately preceding the date of my induction into the military service of the United States; that I possess the qualifications of an elector required by the Constitution of Georgia; that I am not disfranchised from voting by reason of any offense committed against the laws of Georgia; and that I am.....years of age. Dated this.....day of....., 19...... ..... (SIGNATURE) The signing of the aforesaid registration card containing the required information shall be, in all respects, equivalent to signing the voters' book and shall not require attestation. Any member of the military, his relative or friend, is authorized at any time to request from the Tax Collector or Commissioner the aforesaid registration card and in making said request shall furnish the name and address of the military member, and upon receipt of such request it shall be the duty of the Tax Collector or Commissioner to send the same to the member of the military; and the Tax Collector or Commissioner shall number the said registration forms and shall keep a permanent record book in his office in which he shall record the number of the card, the name of the member of the military for whom the registration card is sought, the name and relation, if any, of the person requesting the card, and the date the card is furnished, and such other information necessary to identify said registrant; provided further, however, for good and sufficient cause made known to the Tax Collector or Commissioner, he may furnish to the military voter, a duplicate registration card, noting the fact in the book hereinbefore referred to.
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The member of the military receiving and executing the aforesaid registration card shall place the same in an envelope addressed to the Tax Collector or Commissioner of his County, and mail the same. It shall not be necessary to use registered mail. When such registration is completed, signed and returned to the Tax Collector or Tax Commissioner of the County it shall by him be placed in a suitable permanent record book and form a part of the voters' registration list. Upon receipt by the Tax Collector or Commissioner of the said registration, the name of the member of the military so registering shall be placed upon the registration list as an elector and registered voter, and shall be certified as such by the Registrars; provided, however, the said member of the military is otherwise qualified. SECTION 6. Nothing contained in the present law of Georgia as to the time that the Registrars shall complete their work and file the list of registered voters shall in any way abridge the right of a member of the military to be certified by the Registrars at any time as a registered voter. The Registrars shall include on the list of registered voters all members of the military who have registered in accordance with the provisions of this Act and who are otherwise qualified. SECTION 7. In order to allow more adequate time for the participation of members of the military in elections and party primaries, the following provisions are enacted in lieu of those now provided by law: 1. All candidates for national and state offices, or the proper authorities of the political party nominating them, shall file notice of their candidacy, giving their names and the offices for which they are candidates, with the Secretary of State, at least ninety days prior to the regular election. All candidates for district and county offices either by themselves or by the proper authorities of the party nominating them, shall file notice of their candidacy with the Ordinary of the County at least ninety days before the regular election. 2. Whenever any political party shall hold primary elections for nomination of candidates for office for Governor, State House Officers, Members of Congress, United States Senators, Judges of the Superior Courts, Justices of the Supreme Court, Judges of the Court of Appeals, Solicitors General, and Members of the General Assembly, which are by law voted on one and the same day throughout the State, said primary may be held on such date as may be fixed by the State Executive Committee of such party, an the State Executive Committee is authorized to fix such time for the said primary, second primary, or party convention as it may determine without respect to the time now provided by law as the date on which the said primary, second primary, or convention shall be held. SECTION 8. Every member of the military registered and qualified under the terms of this Act shall vote at the precinct in which the court house of the County is located.
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SECTION 9. The Governor shall furnish the several Ordinaries all blank forms necessary for the general elections in sufficient time for the ordinaries to have the ballots printed at least seventy days before election day. SECTION 10. Upon the request of any member of the military, his relative or friend, it shall be the duty of the Ordinary to furnish such military voter at the address given at the time the request is made a ballot for the use of the military voter in casting his vote in the General Election. The Ordinary in furnishing the said ballot shall number same and in a permanent record book provided for the purpose he shall inscribe the number of the ballot, the name of the military voter for whose use it has been furnished, the name of the person requesting the same and the date the ballot was furnished. Provided, however, that the Ordinary is authorized to furnish a duplicate ballot for good and sufficient cause to the military voter. Provided further, however, that a notation shall be made thereof in the book hereinbefore referred to. SECTION 11. The member of the military marking and casting his ballot in a general election shall sign the same on the back thereof, place the ballot in an envelope addressed to the Ordinary of the County in which he is a registered voter, write on the envelope the word Ballot and mail the same. Attached to the ballot furnished by the Ordinary for the use of the member of the military in voting shall be instructions as to the signing, marking, voting and return of the same. Such military voter in returning the aforesaid ballot shall not be required to post the same by registered mail or to have the same certified or notarized by any person or persons. SECTION 12. It shall be the duty of the County Registrars in any primary election held by any political party for the nomination of candidates for the office for Governor, State House Officers, Members of Congress, United States Senators, Judges of the Superior Courts, Justices of the Supreme Court, Judges of the Court of Appeals, Solicitors General, and Members of the General Assembly, to furnish to any member of the military who is a registered and qualified voter and who is a member of the political party holding the said primary a bollot for the use of the military voter who is a member of the said political party in casting his vote in the said primary election. Said request to the Registrars can be made by the member of the military, his relative or friend, and in making such request applicant shall give the name and address of the military voter. The Registrars so furnishing the said ballot shall number the same and in a permanent record book provided for the purpose, he shall inscribe the number of the ballot, the name of the military voter for whose use it is intended, the name of the person requesting the same, and the date the ballot was furnished; provided, however, the Registrars are authorized to furnish a duplicate ballot for good and sufficient cause to the military voter, provided, further, however, that a notation shall be made thereof in the book hereinbefore referred to.
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SECTION 13 The member of the military marking and casting the said ballot in said primary election shall sign the same on the back thereof, place the ballot in an envelope addressed to the County Registrars of the County in which he is a registered voter, write on the envelope the word Ballot and mail the same. Attached to the ballot furnished by the County Registrars for use of the member of the military in voting in said party primary election, shall be instructions as to the signing, marking, voting and return of the same. Such military voter in returning the aforesaid ballot shall not be required to post the same by registered mail or to have the same certified or notarized by any person or persons. SECTION 14. When duplicate ballots are furnished to military voters in general or primary elections, only the first ballot received shall be counted. SECTION 15. It shall be the duty of the Ordinary in case of general elections, and the duty of the County Registrars in case of primary elections, to receive all ballots from members of the military up to and including the election hours of the day of election and to keep the said military ballots in a safe and private place unopened until the day of the election. Upon receipt of the ballot by the Ordinary or the County Registrars, as the case may be, the said official shall write the date of the receipt of the said military ballot on the envelope containing same. On the day of the election such official shall, in the presence of the election managers, open the envelope containing the military ballot, determine the name of the voter casting the same and record the receipt of his aid ballot, and the date received, in the permanent record book maintained by the said official for such purpose. The election managers shall then determine from the list of registered and qualified voters the eligibility of the military voter in question to cast the said ballot and, if found properly registered and qualified, the Ordinary or the County Registrars, as the case may be, shall deposit the ballot in the regular ballot box with the approval of the election managers. SECTION 16. It shall be the duty of the Board of Registrars to make and file with the election managers of the precinct in which the courthouse of the county is located a full and complete list of registered and qualified voters for the entire county. SECTION 17. There is hereby created a State War Ballot Commission composed of the Governor, the President of the Senate, the Speaker of the House, the Attorney General, and the Secretary of State, which said Commission is authorized and empowered to make any and all provisions and regulations necessary to effectuate the operation of this Act and to cooperate with federal authorities in facilitating and expediting the handling of registration and balloting by military voters. The said War Ballot Commission is also directed to cooperate with State, County and political party officials in all matters relating to the registration and voting of members of the military
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in elections and party primaries. The said Commission is also empowered and authorized to settle and determine all questions of law, procedure and regulation governing the registration and voting of persons in the military. SECTION 18. All poll taxes which may have accrued or which may hereafter accrue during his military service against members of the military, residents of this State, be and the same are hereby abolished, repealed and remitted. SECTION 19. All expense in connection with the mailing of registration cards and ballots to members of the military as provided in this Act shall be borne by the counties. SECTION 20. The terms and provisions of this Act shall expire and become extinguished upon the convening of the General Assembly in regular session next after the termination of the present war. SECTION 21. All laws and parts of laws in conflict with this Act be and the same are hereby repealed. Mr. Gowen of Glynn moved the previous question, the motion prevailed and the main question was ordered. The following amendments to the Substitute to House Bill No. 1 were read and adopted: Mr. Weaver of Bibb moves to amend the substitute of House Bill No. 1 by inserting in the caption immediately after the words to provide for registration in the third line the words to provide for the issuance of ballots to those who are already registered; and by adding a new paragraph to be numbered 6 and by renumbering the original paragraph subsequent paragraphs appropriately said new section being as follows: In all cases where the voter is already registered and otherwise qualified, application may be made for a ballot without the necessity of registration as in this Act elsewhere provided, and upon proof satisfactory to the Registrars of the service of said voter in the armed forces, a ballot shall be mailed to the voter as herein provided. Entries shall be made in the books herein specified as to the voter's registration as a member of the armed forces, and as to the issuance of a ballot to him. Mr. Hubert of DeKalb moves to amend the substitute to House Bill No. 1 as follows: By striking from Section 8 the words under the terms of this Act, so that said section as amended shall read as follows:
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SECTION 8. Every member of the military registered and qualified shall vote at the precinct in which the Court House of the County is located. Mr. Harris of Richmond moves to amend Substitute to H. B. No. 1, Section 5, line 6, after the words United States the following: that my address at the time of my induction in the military service was..... St. or R.F.D...... Town; Mr. Pannell of Murray moves to amend Substitute House Bill No. 1 by adding at the end of Section 10 thereof the following: Said Ordinary in furnishing said ballot to such military voter, shall also furnish a self-addressed envelope for the return of such ballot to such Ordinary. By adding at the end of Section 12 thereof the following: Such registrars in furnishing said ballot to such voter, shall also furnish a self-addressed envelope for the return of such ballot to such Registrars. The Substitute to House Bill No. 1 was adopted as amended. The report of the committee, which was favorable to the passage of the bill, was agreed to by substitute as amended. On the passage of the bill by substitute as amended, the ayes were 143, the nays 0. The bill having received the requisite constitutional majority was passed, by substitute as amended. By unanimous consent, House Bill No. 1 was ordered immediately transmitted to the Senate. The Speaker presented to the House Major Tom Calloway, former member of the House of Representatives, and Lieutenant Colonel A. B. Duke, who briefly addressed the members. Honorable Randall Evans, Jr., of McDuffie County, former Speaker of the House, was presented to the House and made a brief address to the members. The following resolution of the House was read and referred to the Committee: HR 4. By Mr. Thigpen of Glascock: A resolution providing for a democratic preferential primary for President. Referred to the Committee on State of Republic. The following resolution of the House was read and unanimously adopted: HR 5. By Messrs. Thurmond of Hall, Sparks of Towns, Harris of Richmond, and Looper of Dawson:
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A RESOLUTION WHEREAS, Good Providence in His Infinite Wisdom has seen fit to remove from our midst our friend and colleague, the Honorable A. E. Roper, late representative from Hall County; and WHEREAS, his loss is deeply felt as we once again convene, and his friendly attitude and cooperative spirit will be greatly missed during the important deliberations of this extraordinary session; NOW, THEREFORE BE IT RESOLVED, That the Georgia House of Representatives extend to the family of A. E. Roper its deep and sincere expression of sorrow at their great loss, and that a copy of this Resolution be sent to the family of this deceased Representative, who served his County so ably and well. Mr. Branch of Tift County, Chairman of the Committee on Engrossing, submitted the following report: Mr. Speaker: Your Committee on Engrossing has examined, found properly engrossed and ready for transmission to the Senate the following bill of the House to wit: House Bill No. 1. Respectfully submitted, Branch of Tift, Chariman. The Speaker presented to the House Honorable Clark Edwards, Judge of the Superior Court of the Northern Circuit. Mr. Durden of Dougherty moved that the House do now adjourn until tomorrow morning at 11:00 o'clock, and the motion prevailed. The Speaker announced that the House stands adjourned until tomorrow morning at 11:00 o'clock.
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Representative Hall, Atlanta, Georgia. Thursday, January 6, 1944. The House met, pursuant to adjournment, this day at 11:00 o'clock A.M., and was called to order by the Speaker. Scripture reading and prayer by the Chaplain. By unanimous consent the call of the roll was dispensed with. Mr. Gray of Houston, Chairman of the Committee on Journals, reported that the journal of yesterday's proceedings had been read and found correct. By unanimous consent the reading of the journal was dispensed with. The journal was confirmed. The following resolution of the House was read and adopted: HR 6. By Messrs. Broome and Hubert of DeKalb, Rossee of Putnam, Phillips of Columbia, McCracken of Jefferson, and Durden of Dougherty: A RESOLUTION WHEREAS, during the past two years the cost of dairy feed has increased as much as one hundred per cent in some instances; and WHEREAS, due to said increase in the cost of feed, and to the ceiling price that has been placed on milk it is impossible for dairymen to continue the operation of their dairies on a profitable basis and many are disposing of their herds for beef purposes and discontinuing the operation of their dairies; and WHEREAS, due to the said conditions that now exist in Georgia there exists a shortage of milk in many localities; and WHEREAS, unless something is done to alleviate the critical condition existing in the dairy industry the acuteness of the shortage of milk will increase and there will be a complete collapse of the dairy industry in Georgia; NOW THEREFORE BE IT RESOLVED, by the House of Representatives, the Senate concurring, that a committee of four members of the House of Representatives and three members of the Senate be appointed by the Speaker of the House and the President of the Senate, respectively, to make an investigation into the milk situation, and to make such recommendations as they may think proper to the Director of the Milk Control Board, and to report back to the next regular or special session of the General Assembly its acts, doings and recommendations in reference to the aforesaid subject matter; BE IT FURTHER RESOLVED, That the provisions of this resolution shall become effective upon the approval of the same by the Governor, and upon approval of the same the Governor is requested to authorize the Director of the Milk Control
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Board to pay, from available funds of the Milk Control Board, the members of said committee their usual per diem while engaged upon the duties and business of the committee, together with actual expenses incident to said committee service. The following message was received from the Senate through Mrs. Nevin, the Secretary thereof: Mr. Speaker: The Senate has passed by the requisite constitutional majority the following resolution of the Senate to wit: SR 4. By Senators Millican of the 52nd, Gross of the 31st, Atkinson of the 1st, and Pope of the 7th: A Resolution that the President of the United States, the Postmaster General, and the Congress of the United States be urgently requested to make it possible for members of the military forces to return registration certificates and ballots free of postage charges and for other purposes. Mr. Branch of Tift County, Chairman of the Committee on Engrossing, submitted the following report: Mr. Speaker: Your Committee on Engrossing has examined, found properly engrossed and ready for transmission to the Senate the following resolution of the House, to wit: House Resolution No. 6. Respectfully submitted, Branch of Tift, Chairman. The Speaker presented to the House the following distinguished guests: Honorable O. L. Woodson, General Manager, Georgia Division, Bell Aircraft Corporation; Captain Harry E. Collins, Assistant General Manager, Georgia Division, Bell Aircraft Corporation; Honorable Warren Clarke, Executive Assistant to the General Manager, Georgia Division, Bell Aircraft Corporation; Honorable James V. Carmichael of Marietta, Georgia, Vice-Chairman of the State Democratic Executive Committee, and Honorable Roy Anderson, Plant Manager of the Peerless Woolen Mills, Rossville, Georgia, each of whom briefly addressed the members of the House. The following resolution of the Senate was read and adopted: SR 4. By Senators Millican of the 52nd, Gross of the 31st, Atkinson of the 1st, and Pope of the 7th:
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A RESOLUTION A resolution memoralizing the President of the United States, the Postmaster General and the Congress of the United States, to make it possible for the members of the military forces of the United States to return registration certificates and ballots to the proper election officials of the State and their political subdivisions by air mail free of postage charges and for other purposes. Mr. Durden of Dougherty moved that the House do now adjourn until tomorrow morning at 10:00 o'clock, and the motion prevailed. The Speaker announced that the House stand adjourned until tomorrow at 10:00 o'clock.
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Representative Hall, Atlanta, Georgia. Friday, January 7, 1944. The House met, pursuant to adjournment, this day at 10:00 o'clock A.M., and was called to order by the Speaker. Scripture reading and prayer by the Chaplain. By unanimous consent the call of the roll was dispensed with. Mr. Gray of Houston, Chairman of the Committee on Journals, reported that the journal of yesterday's proceedings had been read and found correct. By unanimous consent the reading of the journal was dispensed with. The journal was confirmed. The following resolutions of the House were read and adopted: HR 7. By Mr. Harris of Richmond: A RESOLUTION Be it resolved by the House that the Speaker of the House, the Clerk of the House, and the Secretary to the Speaker be and they are hereby authorized to remain over after the sine die adjournment of this session of the Legislature for a period of three days and that they draw their usual per diem for said three days, and that they be authorized and directed to have House Bill Number One, as finally passed and signed by the Governor, printed and mailed to the Tax Collector, the Ordinary, and the Board of Registrars of each County and to each member of the General Assembly. Be it further resolved that five members of the Committee on Auditing be named by the Chairman of the Committee and that said Sub-Committee be and they are hereby authorized to stay over for a period of three days after the sine die adjournment of this session for the purpose of auditing the accounts of the House and that they draw their usual per diem for this three day period. HR 8. By Messrs. Harris of Richmond, Durden of Dougherty, Hand of Mitchell, and Goldberg of Coweta: A RESOLUTION Whereas, the Honorable Wiley L. Moore, the efficient, competent and popular Director of the Department of Corrections, gave to the members of the General Assembly one of the finest old fashioned Georgia barbecues ever given in accordance with O.P.A. regulations, Tuesday afternoon beginning at 5 P.M., and Whereas, the said Wiley L. Moore has been for many years one of the leading business and public spirited citizens of this State, and Whereas, he is, at the present time, at the request of the Governor, giving his
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time to the organization of the system of penal operation in accordance with the Act of the General Assembly passed at the extraordinary session of 1943, without compensation; Now, therefore be it resolved by the House, the Senate concurring, that we extend to the Honorable Wiley L. Moore our appreciation and thanks for his splendid barbecue and for the splendid service that he is rendering to the State of Georgia. Be it further resolved that a copy of this resolution be forwarded to the Honorable Wiley L. Moore. HR 9. By Messrs. Fortson of Wilkes, Goldberg of Coweta and Hurst of Coweta: A RESOLUTION Whereas, the General Assembly of Georgia in extraordinary session during the year 1943 abolished the State Prison Board and created a Department of Corrections, and Whereas, the General Assembly at said time terminated the office of the members of said Board, and Whereas, it has been brought to the attention of this Assembly that two members of said Board have refused to vacate their offices and are seeking and demanding employment by the new Department of Corrections: Now therefore be it resolved by the House, the Senate concurring, that it be the sense of the Assembly that the offices of the said two former members of the Prison Commission have been abolished, that they should vacate their offices and that they should not be re-employed by the Department of Corrections. The Speaker presented to the House the Honorable A. L. Etheridge, Judge of the Fulton County Superior Court, Atlanta, Georgia, who briefly addressed the members. The following message was received from the Senate through Mrs. Nevin, the Secretary thereof: Mr. Speaker: The Senate has passed by the requisite constitutional majority the following bill of the House, to wit: HB 1. By Messrs. Fortson of Wilkes, Harris of Richmond, Durden of Dougherty and others: A Bill to be entitled an Act to provide for Georgia men and women in military service of the United States of America to participate in elections and primaries; to define terms, to proclaim purposes; to provide for registration; and for other purposes.
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The following message was received from the Senate through Mrs. Nevin, the Secretary thereof: Mr. Speaker: The Senate has passed by the requisite constitutional majority the following resolutions of the Senate, to wit: SR 5. By Senator Arnall of the 36th: A Resolution pertaining to the cost of dairy feed and providing for an investigation committee. The President has appointed on the part of the Senate: Senator Arnall of the 36th, Senator Harrison of the 17th. SR 8. By Senator Ennis of the 20th: A Resolution expressing to Hon. Orsbon Foster, Wendall Horne, W. A. Foster, Jr., and Elliott Hagan the best wishes of the General Assembly. Mr. Branch of Tift County, Chairman of the Committee on Engrossing, submitted the following report: Mr. Speaker: Your Committee on Engrossing has examined, found properly engrossed and ready for transmission to the Senate the following resolutions of the House, to wit: House Resolution No. 8 and House Resolution No. 9. Respectfully submitted. Branch of Tift, Chairman. The following message was received from the Senate through Mrs. Nevin, the Secretary thereof: Mr. Speaker: The Senate has passed by the requisite constitutional majority the following resolutions of the Senate, to wit: SR 9. By Senator Atkinson of the 1st: A resolution providing for a committee to inform his Excellency, the Governor, that the General Assembly has completed its business and stands ready to adjourn. The President has appointed on the part of the Senate: Senators Brock of the 37th, Estes of the 35th. SR 10. By Senator Atkinson of the 1st: A resolution by the Senate, the House concurring, that the General Assembly of Georgia do now stand adjourned sine die.
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The following resolutions of the Senate and House were read and adopted: SR 5. By Senator Arnall of the 36th: A RESOLUTION Providing for a Committee of three members of the House of Representatives to be appointed by the Speaker of the House and two members of the Senate to be appointed by the President of the Senate, to make an investigation into the milk situation, and to make such recommendations as they may think proper to the Director of the Milk Control Board, and to report back to the next regular or special session of the General Assembly its actions, doings and recommendations in reference to the increase in the cost of feed and for other purposes. Under the provisions of Senate Resolution No. 5, the Speaker appointed as the Committee on the part of the House, the following members: Messrs. McCracken of Jefferson, Broome of DeKalb, and Rossee of Putnam. HR 10. By Mr. Harris of Richmond: A RESOLUTION Whereas, the Honorable Elliott Hagan, Representative from the County of Screven, serving his third term as a member of the House, has during his service been one of the finest and best Representatives Georgia has ever had in the Legislature, and Whereas, the said Elliott Hagan has served his County of Screven with honor and distinction and has at all times stood and supported its measures tending good Government in Georgia, and Whereas, at the same time the said Elliott Hagan has given to the members of the House a great deal of pleasure and entertainment by his imitations of famous persons, and Whereas, the said Elliott Hagan for several years has edited the Sylvania Telephone, a newspaper published in Sylvania, Georgia, with honor and distinction and has developed one of the finest country weeklies in Georgia, and Whereas, the said Elliott Hagan has been engaged in extensive farming operations for several years in Screven County, and Whereas, the said Elliott Hagan by reason of his occupations and by reason of being a member of this House is exempt from being drafted into the Military Service during the present emergency, and Whereas, despite his exemption from induction into the armed forces the said Elliott Hagan has waived his exemption and voluntarily submitted himself for induction into the military forces, and
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Whereas, after having so waived his exemption and submitted himself for military service during the present emergency, has been assigned by the proper officials to the Army of the United States, and Whereas, the said Elliott Hagan does this day report for duty to the Army during the remainder of the present emergency and in so doing has proved himself a loyal son of the United States of America and has joined with many others in establishing a precedent of loyalty and patriotism; Therefore, be it resolved by the House that we hereby commend the said Elliott Hagan for his loyalty and patriotism and extend to him our friendship and good wishes and hope that he together with the others serving in the Armed Forces of the United States will soon win a great victory and return to their homes and family. Be it resolved further that a copy of this resolution be delivered to Representative Hagan. SR 9. By Senator Atkinson of the 1st: A RESOLUTION Providing for a Committee of five, two to be named by the President of the Senate and three to be named by the Speaker of the House, to notify His Excellency, the Governor, that the General Assembly has completed its business and stands ready to adjourn sine die. Under the provisions of Senate Resolution No. 9, the Speaker appointed as a Committee on the part of the House the following members: Messrs. Boynton of Union, Pruitt of Lumpkin, and Smiley of Liberty. The Speaker ordered the Clerk to read the following poem by Mr. Maund of Talbot: Again Georgia leads the Nation, Again she leads the van, And has given to our fighting men The right to choose their man. In the frozen wastes of the Arctic, And Africa's burning sands today, And the jungle isles of the Pacific They fight for the American way. They bare their breasts to the bayonet And face the shot and shell, They live and die as the days go by In this terrible earthly Hell.
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So we gladly give this small right To in a meager way repay For the sacrifice they make for us That we may live the American Way. The Speaker presented to the House Sergeant Woodrow Tucker of Habersham County, former Messenger of the House, who briefly addressed the members. The following message was received from the Senate through Mrs. Nevin, the Secretary thereof: Mr. Speaker: The Senate has passed by the requisite constitutional majority the following resolutions of the House, it wit: HR 8. By Messrs. Harris of Richmond, Durden of Dougherty, Hand of Mitchell, and Goldberg of Coweta: A resolution proposing that the House of Representatives, the Senate concurring, extend to the Hon. Wiley L. Moore thanks for his splendid barbecue and his splendid service that he is rendering to the State of Georgia. HR 9. By Messrs. Fortson of Wilkes, Goldberg and Hurst of Coweta: A resolution stating that it be the sense of the Assembly that the offices of the two former members of the Prison Commission have been abolished, that they should vacate their offices and that they should not be re-employed by the Department of Correction. Mr. Johnson of Chattahoochee County, Chairman of the Committee on Enrollment, submitted the following report: Mr. Speaker: Your Committee on Enrollment has examined, found properly enrolled and ready for transmission to the Governor the following bill and resolutions of the House, to wit: House Bill No. 1, House Resolution No. 8, and House Resolution No. 9. Respectfully submitted, Johnson of Chattahoochee, Chairman. The following message was received from His Excellency, Governor Ellis Arnall, through the Committee appointed to notify him that the General Assembly stands ready to adjourn sine die:
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OFFICE OF THE GOVERNOR ATLANTA ELLIS ARNALL Governor GRACE CANNINGTON Secretary January 7, 1944 Mr. Speaker and Members of the House of Representatives: I am delighted that the so-called soldier voting measure has been enacted into law. There has never been a more harmonious session of the General Assembly. As Governor, I desire to thank each and every member of the House for his cooperation in making it possible for Georgia to become not only the first State to extend the voting franchise to our eighteen-year-old citizens, many of whom wear the uniform of our country, but also for Georgia to become the first State to provide adequate voting machinery for our primaries and elections so that the men and women in military service may exercise the right of franchise. We have shown the nation that states can assume their proper responsibilities. The people of Georgia are appreciative of the fine service rendered to the State by the members of the 1944 extraordinary session of the General Assembly. With best wishes to each Representative and with highest personal esteem, I am Faithfully yours, ELLIS ARNALL Governor ea gc The following resolution of the Senate was read and adopted: SR 10. By Senator Atkinson of the 1st: A RESOLUTION by the Senate, the House concurring, that the General Assembly of Georgia, do now adjourn sine die. The Speaker of the House announced that the House of Representatives of Georgia stand adjourned sine die at 10:39 A.M.
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HOUSE JOURNAL INDEX Barbecue, Members invited to attend, by Hon. Wiley Moore 17 Committee Reports (Standing) Engrossing 30 , 32 , 36 Enrollment 39 Journals 19 , 22 , 31 , 34 State of Republic 19 Committees (Special) Escort Governor, Joint Session, HR 3 7 Notify Governor, General Assembly convened, HR 2 7 Notify Governor, General Assembly convened, SR 2 8 Notify Governor, General Assembly ready to adjourn sine die, SR 9 38 Governor's Address, Jan. 3, 1944, Joint Session 8-15 Hagan, Hon. Elliott, Commending for his loyalty and patriotism, HR 10 37-38 House Officers, Committee to remain after adjournment, HR 7 31 Joint Session Message from Governor Arnall, HR 3 7 Message from Governor Arnall, SR 3 8 , 8-15 Message from Governor on adjournment 39-40 Military Service, Members from Georgia to participate in elections and primaries, HB 1 16-17 , 19-20 , 22-29 , 30 , 35 Milk situation, Committee to investigate, HR 6 31-32 , 32 Milk situation, Committee to investigate, SR 5 37 Moore, Hon. Wiley L., expressing appreciation, HR 8 34-35 , 36 , 39 Notify Governor, General Assembly convened, HR 2 6 Notify Governor, General Assembly ready to adjourn sine die, SR 9 38 Notify Senate, House convened, HR 1 6 Poem by Mr. Maund of Talbot, ordered read 38-39 Postage charge, Memoralizing Congress to return military ballots free of, SR 4 32-33 Primary, preferential for President, HR 4 29 Proclamation, convening General Assembly 5-6 Prisons, State Board of, former members to vacate, HR 9 35 , 36 , 39 Roper, Hon. A. E., death deplored, HR 5 29-30 Senate Messages Notify HouseSenate convened, SR 1 7 Adoption, SR 2 7 Adoption, SR 3 7 Adoption, SR 4 32 Passage, HB 1 35
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Adoption, SR 5 and SR 8 36 Adoption, SR 9 and SR 10 36 Adoption, HR 8 and HR 9 39 Sine die adjournment, SR 10 40 Visitors Presented Anderson, Hon. Roy, Peerless [Illegible Text] Mills 32 Baker, Miss Mary Lou. Member Florida Legislature 20 Callaway. Maj. Tom. former member of the House 29 Carmichael, Hon. Jas. V., Vice-Chairman State Democratic Committee 32 Clarke, Hon. Warren, Bell Aircraft Corp. 32 Collins, Capt. Harry E., Bell Aircraft Corp. 32 Duke, Lt. Col. A. B., Conley Depot 29 Edwards, Hon. Clark, Judge Northern Circuit 30 Etheridge, Hon. A. L., Judge Atlanta Circuit 35 Evans, Hon. Randall, Jr., former Speaker of the House 29 Tucker, Sgt. Woodrow, former messenger of the House 39 Woodson, Hon. O. L., Bell Aircraft Corp. 32
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NUMERICAL INDEX HOUSE JOURNAL HOUSE BILLS HB 1. Military Service, Members from Georgia to participate in elections and primaries 16-17 , 19-20 , 22-29 , 30 , 35 HOUSE RESOLUTIONS HR 1. Notify Senate, House convened 6 HR 2. Notify Governor, General Assembly Convened 6 HR 3. Joint session, Message from Governor Arnall 7 HR 4. Primary, Preferential for President 29 HR 5. Roper, Hon. A. E., death deplored 29-30 HR 6. Milk situation, Committee to investigate 31-32 , 32 HR 7. House officers, Committee to remain after adjournment 31 HR 8. Moore, Hon. Wiley L., expressing appreciation 31-35 , 36 , 39 HR 9. Prisons, State Board of, former members to vacate 35 , 36 , 39 HR 10. Hagan, Hon. Elliott, commending for his loyalty and patriotism 37-38 SENATE RESOLUTIONS SR 2. Notify Governor, General Assembly convened 8 SR 3. Message from Governor Arnall 8 , 8-15 SR 4. Postage charge, Memorializing Congress to return military ballots free of 32-33 SR 5. Milk Situation, Committee to investigate 37 SR 9. Notify Governor, ready to adjourn sine die 38 SR 10. Sine die adjournment 40