Journal of the House of Representatives of the General Assembly … · 2019-04-29 · HOUSEJOURNAL...

JOURNALOF THE

HOUSE of REPRESENTATIVES

OF THE

GENERAL ASSEMBLY

OF THE

STATE OF NORTH CAROLINA

G*,

EXTRAORDINARY SESSION 1938

OFFICERS AND MEMBERS

OF THE

HOUSE OF REPRESENTATIVES

EXTRAORDINARY SESSION 1938

R. Gregg Cherry, Speaker Gastonia, Gaston County

W. A. BAKER, Principal Clerk Raleigh, Wake County

Dan W. TOMPKINS, Reading Clerk Sylva, Jackson County

MISS Rosa B. MUND, Engrossing Clerk Concord, Cabarrus County

W. T. Brown, Sergeant-at-Arms Hertford, Perquimans County

REPRESENTATIVES

Name Post Office County

Ed R. Hanford (DCharles R. Zickler (DD. P. Taylor (DF. E. Thomas (DJ. B. Hash (DT. P. Dellinger (RS. M. Blount (DC. W. Spruill (DLloyd S. Elkins (DR. E. Sentelle (DGeorge W. Craig (DRonald E. Finch (DForest C. Berry (DE. T. Bost, Jr (DPercy W. Meekins (DH. V. Leary (DF. R. Seeley (DW. C. Taylor (DRalph G. Flowers $ (DWalter D. Siler (DHarry P. Cooper (DJohn F. White (DDr. J. M. May..., (RErnest A. Gardner (DJ. R. Williamson (DD. L. Ward (DD. Lacey McBryde (DEdwin R. Johnson (DRoy L. Davis (DR. L. Pope (DJ. Brewster Grant (RC. E. Quinn (DVictor S. Bryant (DOscar G. Barker (DW. W. Eagles (D

Burlington Alamance

Taylorsville Alexander

Sparta Alleghaney

Wadesboro Anson

Helton Ashe

Crossnore Avery

Washington Beaufort

Windsor Bertie

Bladenboro Bladen

Southport Brunswick

Asheville Buncombe

Black Mountain Buncombe

Morganton Burke

Concord Cabarrus

Lenoir Caldwell

Camden Camden

Beaufort Carteret

Blanche Caswell

Hickory Catawba

Siler City Chatham

Murphy Cherokee

Edenton Chowan

I Hayesville Clay

Shelby Cleveland

Whiteville Columbus

New Bern Craven

• Fayetteville Cumberland

Currituckj

Currituck

Wanchesej

Dare

i Thomasville \Davidson

Mocksville i Davie

Kenansville Duplin

Durham|

DurhamDurham

IDurham

MacclesfieldiEdgecombe

7>

HOUSE JOURNAL (1938)

REPRESENTATIVES—Continued

[Extra

Name

Rex Gass (DSpruill Thornton (DVirgil Wilson (DWillie L. Lumpkin (DR. Gregg Cherry (DD. P. Dellinger (DC. J. Gray (DT. M. Jenkins (RT. S. Royster (DE. A. Rasberry (DJohn W. Caffey (DJoe T. Carruthers, Jr (DRupert T. Pickens (DA. M. Atkinson (DL. W. Leggett (DFred S. Thomas (DJ. F. Cabe (DL. L. Burgin (DR. H. Underwood (DE. B. McNeill (DGeorge E. Davis (DCon C. Johnston (DT. C. Ledbetter (DF. H. Brooks (DR. T. Fulghum (DC. P. Banks (DW. E. Horner (DR. H. Rouse* (DThorne Clark (DR. A. Patton (DJames M. Baley (RHugh G. Horton (DD. F. Giles (DMercer J. Blankenship (DE. L. Mayhew (DJames B. Vogler (DJeter C. Burleson (RC. C. Howell* (DJ. Hawley Poole (DClaude C. Abernethy (DW. E. Fenner (DThomas E. Cooper (DJ. C. Hobbs (DH. L. Joyner (DR. N. Summersill (DB. J. Howard (DTom Banks (DF. Webb Williams (DJohn J. Best (DJ. T. Benton (DE. P. Warren (DJohn Hill Paylor (DJohn S. Moore (DT. J. McDowell (DW. Bryan Davis (DRobert T. McNair (DS. L. Adams (D

Post Office

Winston-Salem

Winston-Salem

Rural Hall

Louisburg

Gastonia

Cherryville

Gatesville

Robbinsville

Oxford

Snow Hill

Greensboro

Greensboro

High Point

Enfield

HobgoodErwin

Waynesville

Horse Shoe, R.F.D.

Murfreesboro ,

Raeford

Lake Landing

Mooresville

Culllowhee

Smithfield

Kenly

Trenton

Sanford

Kinston

Lincolnton

Franklin

Marshall

Williamston

Marion

Charlotte

Charlotte

Charlotte

Bakersville

Troy

West EndSpring HopeRocky Mount

Wilmington

Wilmington

Jackson

Jacksonville

Chapel Hill

Arapahoe

Elizabeth City

BurgawHertford

Hurdle Mills

Farmville

Bethel

Campobello, S. C...

Randleman

Rockingham

Rowland

County

Forsyth

Forsyth

Forsyth

Franklin

Gaston

Gaston

Gates

GrahamGranville

Greene

Guilford

Guilford

Guilford

Halifax

Halifax

Harnett

Haywood

Henderson

Hertford

HokeHydeIredell

Jackson

Johnston

Johnston

Jones

Lee

Lenoir

Lincoln

MaconMadison

Martin

McDowell

Mecklenburg

Mecklenburg

Mecklenburg

Mitchell

Montgomery

Moore

NashNashNew Hanover

New Hanover

Northampton

Onslow

Orange

Pamlico

Pasquotank

Pender

Perquimans

Person

Pitt

Pitt

Polk

Randolph

RichmondRobeson

Session] HOUSE JOURNAL (1938)

REPRESENTATIVES—Continued

Name

T. J. Smith (DT. Clarence Stone (DJoe W. Garrett (DWalter Murphy (DGeorge A. Uzzell (DGrady Withrow (DEnoch w. Wilson (DJennings G. King (DJohn H. Norwood (DR. J. Scott (DN. J. Martin (DB. C. Jones (DPat Kimzey (DC. W. Tatem (DBrooks Price (DJ. M. Peace (DArch T. Allen (DClarence E. Mitchell (DWm. T. Hatch (DT. H. Aycock (DHarry Stell (DW. F. Miller* (DW. Wiley Andrews (DWm. H. Best, Jr (DF. J. McDuffie (RTroy T. Barnes (DJeter L. Haynes (RMrs. Chas. Hutchins (D

* Deceased.

Post Office

St. Pauls

Stoneville

Madison

Salisbury

Salisbury

Hollis

Newton Grove .

Laurinburg

NorwoodDanbury

DobsonBryson City

Brevard

Columbia

Waxhaw R.F.D

Henderson

Raleigh

Raleigh

Millbrook

Warrenton

Plymouth

Boone

Goldsboro

Goldsboro

Wilkesboro

Wilson

Jonesville

Burnsville

County

Robeson

Rockingham

Rockingham

RowanRowanRutherford

Sampson

Scotland

Stanly

Stokes

Surry

Swain

Transylvania

Tyrrell

Union

Vance

WakeWakeWakeWarrenWashington

Watauga

WayneWayneWilkes

Wilson

Yadkin

Yancey

HOUSE JOURNAL

EXTRA SESSION 1938

FIRST DAY

House of Representatives

Monday, August 8, 1938

Pursuant to a call of his Excellency, Governor Clyde R. Hoey,hereinafter recorded, the House of Representatives of the GeneralAssembly convenes in its Hall in Extraordinary Session, at the hourof twelve o'clock noon, Monday, August 8, 1938 and is called to order

by Mr. Speaker Cherry.

Prayer by Dan Tompkins, Reading Clerk of the House of Repre-sentatives.

The roll of members is called, and the following members answerto their names: Messrs. Abernathy, Adams, Allen, Andrews, Atkinson,Aycock, Baley, Banks of Jones, Banks of Pamlico, Barker, Barnes,

Benton, Berry, Best of Pender, Best of Wayne, Blankenship, Blount,

Bost, Brooks, Bryant, Burgin, Burleson, Cabe, Caffey, Carruthers,

Clark, Craig, Davis of Dare, Davis of Hyde, Davis of Randolph, Dellin-

ger of Avery, Dellinger of Gaston, Eagles, Elkins, Finch, Flowers, Ful-

ghum, Gardner, Garrett, Gass, Grant, Gray, Hanford, Hash, Hatch,

Haynes, Hobbs, Horton, Howard, Johnson of Currituck, Johnston of

Iredell, Jones, Joyner, Kimzey, Ledbetter, Leggett, Lumpkin, Mayhew,Martin, Meekins, Mitchell, Moore, Murphy, McBryde, McDowell, Mc-Duffie, McNair, McNeill, Norwood, Patton, Paylor, Peace, Pickens,

Poole, Pope, Quinn, Rasberry, Royster, Scott, Seeley, Sentelle, Siler,

Spruill, Stell, Stone, Summersill, Tatem, Taylor of Alleghany, Taylor

of Caswell, Thomas of Anson, Thomas of Harnett, Thornton, Under-wood, Uzzell, Vogler, Ward, Warren, White, Williamson, Wilson of

Forsyth, Wilson of Sampson, Withrow, Zickler—103.

A quorum being present the proclamation of the Governor con-

vening the Extraordinary Session is read as follows:

proclamation of the governor

State of North Carolina

Executive Offices

WHEREAS, under the provisions of the Act of Congress appropri-

ating money for the Public Works Administration in making grants

8 HOUSE JOURNAL (1938) [Extra

and loans to the several states and municipalities it is necessary that

application shall be filed prior to September 30th, 1938, showing fundsavailable on the part of the applicant to provide for its part of the cost

of construction, and that it is further required that work shall actually

begin on all of said projects receiving Federal grants or loans prior to

January 1st, 1939; and, whereas, a large amount of the sum appropri-

ated by Congress for this purpose has already been allocated and in

order for North Carolina to participate in the benefits of this appropria-

tion it will be necessary for provision to be made to make available the

funds necessary to comply with the requirements of the Federal gov-

ernment to prevent the State suffering the loss which would be entailed

by the failure to receive grants for necessary permanent improve-ments which are now obtainable; and, whereas, an extraordinary

occasion therefor exists, such as is contemplated in Article III, Section

9 of the Constitution of North Carolina:

NOW, THEREFORE, I, Clyde R. Hoey, Governor, by and withthe advice of the Council of State, do hereby convene the GeneralAssembly of North Carolina in Extra Session, to begin at 12:00 o'clock

noon, on the 8th day of August, 1938, and to continue until the properbusiness of the Session has been disposed of or until such Session has

been adjourned in accordance with the Constitution and laws of the

State; and to that end, I do hereby call upon, notify, and direct all

members of the said General Assembly to meet in the Capitol in the

City of Raleigh at the said day and hour, in such General Assembly as

provided by the Constitution and the laws, to consider and enact such

laws as may be proper in the premises.

Done in the City of Raleigh this the 1st day of August in

the year of our Lord One Thousand Nine Hundred andThirty-eight, and in the 163rd year of American Inde-

pendence.(Signed) Clyde R. Hoey, Governor.

By the Governor:

Robert L. Thompson,

Private Secretary.

house resolutions

The following House Resolutions are offered by Messrs. Siler of

Chatham and Thomas of Anson which are adopted.

Resolved by the House of Representatives:

WHEREAS, the extraordinary occasion which required the Gov-ernor, by and with the advice of the Council of State, to call a SpecialSession of the General Assembly, was explained by the Governor in

a statement issued by him to the press at the time of the proclamationcalling the Special Session; and whereas, as explained in said state-

ment, and in the Governor's message to the General Assembly, the

purpose for which the Special Session was called was to permit the

consideration of legislation authorizing the State of North Carolina to

Session] HOUSE JOURNAL (1938) 9

issue and sell bonds, the proceeds of which might be used for necessarypermanent improvements in the State's departments and institutions,

and the necessary permanent improvements to be made by the State of

North Carolina, the enactment of a Revenue Bond Act in order that

the State of North Carolina, for itself and in its departments andinstitutions, and the municipal corporations of North Carolina, maysecure the necessary laws permitting the construction of such improve-ments and receiving Federal grants to finance, in part, the cost thereof,

and for the other purposes mentioned in the Governor's message.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OFREPRESENTATIVES IN SPECIAL SESSION CONVENED:

Section 1. That at this Special Session, the House of Representa-tives will not consider or pass upon any laws, except bills introduced

for the purpose of carrying out the objects for which the Special Ses-

sion was called as hereinbefore recited, except by unanimous consent.

Resolved, by the House of Representatives:

Section 1. That the House of Representatives adopt the Rules of

the previous House, with the exception of the Rule providing for

Standing Committees.

INTRODUCTION OF BILLS AND RESOLUTIONS

Bills and resolutions are introduced, read the first time, and dis-

posed of as follows:

By Mr. Jones:

H. R. 1. Joint Resolution informing His Excellency, GovernorClyde R. Hoey, that the Extra Session of the General Assembly is

ready to proceed with public business.

On motion of Mr. Jones, the resolution is placed on its immediatepassage.

Passed first reading.

Rules suspended.

Passes its second and third readings and ordered sent to the Senatewithout engrossment.

MESSAGES FROM THE SENATE

The following messages are received from the Senate:

Senate ChamberAugust 8, 1938

Mr. Speaker:

It is ordered that a message be sent to the House of Representativesinforming that Honorable Body that the Senate has completed its


organization and is now ready to proceed with the public business, andfor your information advises that the following officers have been

elected:

President Pro-Tempore—Senator J. A. Bell.

Principal Clerk—S. Ray Byerly.

Reading Clerk—L. H. Fountain.

Sergeant-at-Arms—W. H. Scott.

Respectfully,

S. Ray Byerly, Principal Clerk.

Senate Chamber

August 8, 1938

Mr. Speaker:

It is ordered that a message be sent informing your HonorableBody that pursuant to Senate Resolution No. 1 entitled "Joint Resolu-

tion informing His Excellency, the Governor, that the General Assem-bly of the Extraordinary Session of 1938 is organized and ready to

proceed with public business and inviting him to address the GeneralAssembly in Joint Session," the President has appointed as the Com-mittee on the part of the Senate to act with a like Committee on the

part of the House, to escort His Excellency, the Governor to the Hall

of the House to address the Joint Session, Senators Bell and Rodman.

Respectfully,

S. Ray Byerly, Principal Clerk.

Pursuant to the above message the Speaker appoints as a Com-mittee on the part of the House Messrs. Jones of Swain, Pope of

Davidson, Thornton of Forsyth.

JOINT SESSION

Pursuant to Resolution heretofore adopted, the Sergeant-at-Armsannounces the approach of the Senate, and that Body, preceded by its

officers, comes into the House and are assigned seats, Lieutenant-Gov-ernor Horton at the right of Mr. Speaker Cherry. The purpose of the

Joint Assembly, being to hear a personal message from His Excellency,

Governor Clyde R. Hoey. The Joint Assembly is called to order byLieutenant-Governor Horton.

The roll of the House members is called and the following membersanswer to their names: Messrs. Abernathy, Adams, Allen, Andrews,Atkinson, Aycock, Baley, Banks of Jones, Banks of Pamlico, Barker,Barnes, Benton, Berry, Best of Pender, Best of Wayne, Blankenship,Blount, Bost, Brooks, Bryant, Burgin, Burleson, Cabe, Caffey, Car-ruthers, Clark, Craig, Davis of Dare, Davis of Hyde, Davis of Randolph,Dellinger of Avery, Dellinger of Gaston, Eagles, Elkins, Finch, Flow-ers, Fulghum, Gardner, Garrett, Gass, Grant, Gray, Hanford, Hatch,

Haynes, Hobbs, Horton, Howard, Johnson of Currituck, Johnston of


Iredell, Jones, Joyner, Kimzey, Ledbetter, Leggett, Lumpkin, Mayhew,Martin, May, Meekins, Mitchell, Moore, Murphy, McBryde, McDowell,McDuffie, McNeill, Norwood, Patton, Paylor, Peace, Pickens, Poole,

Pope, Rasberry, Royster, Scott, Seeley, Sentelle, Siler, Spruill, Stell,

Stone, Summersill, Tatem, Taylor of Alleghany, Taylor of Caswell,

Thomas of Anson, Thomas of Harnett, Thornton, Underwood, Uzzell,

Vogler, Ward, Warren, White, Williamson, Wilson of Forsyth, Wilson

of Sampson, Withrow, Zickler—101.

The roll of the Senate is called and the following Senators answerto their names: Messrs. Abernathy, Alcock, Bain, Ballentine, Bell,

Bennett, Blackwelder, Britt, Brock, Clark of Bladen, Clark of Edge-

combe, Coburn, Eagles, Ewing, Flanagan, Gold, Gravely, Greer, Greg-

ory, Halstead, Hill, Holt, Hughes, Hutchins, Ingram, Johnson of Samp-son, Joyner, Larkins, Long, Martin, Massey, McBryde, McDaniel, Mc-Kee, Noell, Patterson, Pittman, Ratcliff, Rodman, Rowe, Sanders,

Separk, Sparger, Taylor, White—45.

The Joint Committee appointed by the House and Senate, comes

into the Hall of the House acting as escort to Governor Hoey, whodelivers the following message to the Joint Assembly:

MESSAGE OF THE GOVERNOR

Mr. President, Mr. Speaker, Senators and Representatives:

During the past ten years economic conditions have been such that

the building program for all the State institutions has been limited

to the barest necessities. This present General Assembly authorized a

number of new buildings provided for in a bond act in March, 1937,

and $3,019,000 in bonds were issued and sold and these buildings haveeither been completed or are now in course of construction. Some other

buildings have been obtained by grants from the Federal governmentand the issuance of revenue liquidating bonds and some of these proj-

ects have been finished, while other authorizations have been madeand approval given, so that construction will begin on these projects

at an early date.

Some of the most imperative needs of our institutions could not bemet in this way, because the projects are not self-liquidating, as for

instance the fireproofing of the buildings at our hospitals in Morgan-ton, Raleigh, and Goldsboro, and other similar pressing demands frompractically all of the State institutions and agencies, and hence the

necessity for calling the General Assembly to convene in extra session.

An enlightened and humane State could not longer neglect to makethese essential provisions for the care, safety and security of its peopleand the next Legislature would have been confronted with the neces-

sity of issuing bonds to pay the whole expense, while the opportunity is

afforded the State now to receive by way of grants from the Federalgovernment 45 per cent of the cost, if we act promptly and take

advantage of the present appropriation, which is being rapidly allo-

cated. The dead line for all applications is fixed in the Federal statute

for September 30, 1938, with the requirement that work must be


begun before January 1st, 1939. From very careful inquiry I amconvinced that in order to make certain that we get the money desired

our applications should be filed not later than August 15, 1938, and if

you succeed in completing your work in time our applications will befiled by that date.

I am submitting to you the report and recommendations of the

Advisory Budget Commission. The Commission has visited all the

institutions and made personal inspection of their needs for perma-nent improvements. In addition to this, at my request, the Commissionsat in Raleigh last week and heard the heads of these institutions andother State agencies and gave intelligent and painstaking consideration

to all claim presented. After canvassing the whole situation they rec-

ommend that you authorize a bond issue in the sum of $4,620,000,

which is allocated between the various claimants as set forth in their

report. The total of the sums requested was over $14,000,000 for

buildings and improvements, which did not include the application

for highway improvement. The maximum amount of bonds that could

be issued at this time under the Constitutional limitation, in addition

to those previously authorized, is $5,591,237.88. The Commission'srecommendations are $971,237.88 under that figure.

I recommend these matters for your consideration, viz:

1. The bond bill prepared by the Attorney General in accordance

with the report and recommendations of the Advisory Budget Com-mission.

2. The bill prepared by the Attorney General enabling munici-palities to issue revenue bonds to finance self-liquidating projects

authorized therein, subject to the supervision of the Local GovernmentCommission.

3. The question of a North Carolina Exhibit at the New YorkWorld's Fair in 1939.

As to the first measure, I did not sit with the Advisory BudgetCommission, and therefore, can all the more freely commend its workto you, and I strongly recommend the enactment of the bond bill

embodying its recommendations. In order to economize your time andsave you the necessity of hearing all claims, the Commission spentseveral days engaged in that work, and while the institutions and other

departments did not get all the money applied for, it will be generally

agreed that an effort was made to serve the pressing needs of each.

While no allotment was made for roads, the authority of the next Legis-

lature to issue bonds was not encroached upon, so that in addition to

nearly one million dollars margin unauthorized this year, the nextLegislature will have a maximum of an additional $5,000,000 madepossible by bond retirements this year, and I shall recommend that

roads receive primary consideration when any additional bonds are

issued.

I may say that immediately after this session adjourns I hope to

be able to make an allocation out of the highway surplus to enable the


Commission to file application for Federal funds to assist in eliminating

some of the flat curves and widen some of the dangerously narrow

roads. This may be possible because there has been no diversion of the

highway funds for general purposes during the last fiscal year.

The second measure is necessary in order to enable municipalities

to issue revenue bonds to share in the PWA funds for self-liquidating

projects. The 1935 Act of the Legislature expired in 1937 and it is

necessary to have renewed authority so that these local units of govern-

ment may get the benefit of some of the expenditure of Federal funds

for worth-while purposes. This Act has been drawn with a view of

accomplishing the desired results without entering the realm of con-

troversial action and I recommend its passage.

I do not think we should repeal the limitations placed on municipalborrowings by the general law, where it operates to create an obliga-

tion upon the taxpayers. These limitations have been wisely placedboth in the Constitution and the Municipal Finance Act and should beretained. We have had experience in unrestrained spending by whichmany of our political sub-divisions got in default, and I do not wish a

repetition of it. These provisions do not apply to the measure whichwill be presented, because these bonds are issued against the revenuesof the project authorized, and legally do not constitute an obligation

of the municipality. However, practically they create a liability

because they represent a mortgage on certain resources of the munici-

pality and when they are utilized for debt purposes the taxpayer is

required to pay taxes to meet the current expenses and is deprived of

the benefit of any revenue from this source. The only wise or safe

policy for State or municipality is to confine the expenditures to

necessary public improvements, even though the Federal governmentis paying a substantial part of the cost. Unnecessary spending alwaysresults in extravagance and waste.

The third measure, and the only one dealing with matters other

than compliance with requirements to share in Federal funds, relates

to our participation in the New York World's Fair of 1939. The Com-mission authorized at your last session has worked diligently andobtained donations in the sum of $22,000. The necessary space has beencontracted for to provide for an outstanding exhibit. Unless you makean appropriation we cannot raise the necessary money to make the

kind of an exhibit you would like for North Carolina to have and the

whole proposition will fail. The next Legislature would be too late.

The work will have to begin by September 1st. The total cost will bein excess of $100,000. Some additional money can be raised by private

subscription, but not much. If we are to have an exhibit it wouldrequire an appropriation of $75,000. This is not a bond bill and does

not require passage on separate days. Representative Fenner, who is

Chairman of this Commission, will be in attendance upon the session

Tuesday and will present this bill and wishes to be heard upon this

matter, along with the other Legislative members of the Commission.Owing to the urgency of this matter I am asking you to give considera-

tion to this measure. Personally I should very much regret to see NorthCarolina fail of representation at this greatest of all World Fairs.


I sincerely appreciate your presence here today. This Assembly is

making history. I do not recall that any other Assembly has met threetimes within a biennium. But that is not as important to emphasize as

the high quality of service which you have given the people of the

State. Both former sessions have been characterized by marked effi-

ciency and directness of effort, and your intelligent and patriotic labors

have challenged the admiration of the high minded citizenship of NorthCarolina. The Council of State unanimously approved the conveningof this Special Session and shares with me full confidence in yourwisdom and foresight. Our State will have to bear a large part of the

public debt incurred by the general government for these public

expenditures and it is the part of wisdom and good economics to get a

fair share of the appropriations to meet our essential needs. If youadopt the program outlined you will have made a definite forwardmovement and gone a long way toward providing the urgent necessities

for State institutions and agencies. I esteem it an honor to be associ-

ated with you in the comradeship of service to our beloved Common-wealth.

Clyde R. Hoey,Governor of North Carolina.

This August 8th, 1938.

THE REPORT OF THE ADVISORY BUDGET COMMISSION ONPERMANENT IMPROVEMENTS RECOMMENDED FOR THE

STATE'S DEPARTMENTS, INSTITUTIONS, AND AGEN-CIES TO BE CONSIDERED AT THE SPECIALSESSION OF THE GENERAL ASSEMBLY

OF 1938.

To the Honorable Clyde R. Hoey, Governor of North Carolina:

The members of the Advisory Budget Commission, whose namesare hereto subscribed, herewith, submit to you this report on the find-

ings and recommendations concerning permanent improvements for

the State's departments, institutions, and agencies for consideration

before the special session of the General Assembly called to convenein session August 8, 1938.

VISITATION OF INSTITUTIONS

The Advisory Budget Commission just prior to consideration andrecommendation of permanent improvement appropriations for the

special session of 1938 visited and inspected every State institution.

The needs of the institutions were examined very thoroughly and the

Advisory Budget Commission has made its recommendations in the

light of these visits and examinations.

HEARINGS OF DEPARTMENTS, INSTITUTIONS, AND AGENCIES

The Advisory Budget Commission convened Wednesday, August 3,

in the offices of The Budget Bureau and heard each department, insti-


tution, and agency making request for permanent improvement appro-

priation. Every agency was given an opportunity to explain its needs,

orally as well as by written statement.

PERMANENT IMPROVEMENT APPROPRIATIONS RECOMMENDED

The recent visits to the State institutions and hearings had beforethe Advisory Budget Commission have enabled the Commission to

ascertain the needs of those agencies. In considering the requests for

permanent improvement appropriations and in recommending appro-priations it was found that these State agencies were modest in setting

out requests for appropriations when their actual needs were knownand considered. Very few agencies requested any appropriations that

would not have been useful to the institution concerned and to the

State as a whole in the care of its unfortunates or in the education of

its children. It has been a difficult job to say that certain requests

should not be granted for certain projects in view of the needsdetermined by visits or by conference with the agencies concerned,

but the limitation on bonds that may be issued has made it necessary

that recommendations be less than the requests.

In the case of the three State hospitals for insane, great necessityand special treatment presents itself because of the character of thoseheld in the institutions. These institutions are veritable fire-traps to a

large extent, and are now allowed to remain contrary to State lawfor buildings housing inmates who are locked within. No justification

exists for allowing such conditions to remain at the State Hospital at

Morganton, State Hospital at Raleigh, and the State Hospital at Golds-boro, which would result in the death of a large number of patients if

a fire should break out at night, or possibly even in the day time. It

would be impossible to remove the patients in a good many instances

because they are bedridden and must be moved by a nurse or attend-ant. It seems imperative that these buildings must be fireproofed orreplaced and brought within the requirements for safe housing of

patients who are locked within the buildings. It is recommended to

replace many of the existing buildings because they cannot be reno-vated because of the deterioration which literally amounts to destruc-

tion.

In the case of the other departments and institutions, the recom-mendations cover the most needy projects and do not cover things notabsolutely necessary to carry on the work of the institution or agency.

All of the recommendations made are for purposes for which theGeneral Assembly through necessity would be requested to makeappropriations within the next two or three years, and it is deemedadvisable to cover these needs as best possible while 45% may be hadfrom the Federal government.

CONSTITUTIONAL LIMITATION ON BOND ISSUE

The Advisory Budget Commission has considered very thoroughlythe amount of bonds that may be issued under the constitutional limi-


tation, and has decided that it should not recommend bonds to beissued for the full availability. There might be conditions that wouldmake it mandatory that other things be provided, and it is thought wisethat some $971,000 be left in the availability for issuing bonds.

The following is a statement of the determination of bonds that maybe issued and the result if the bonds proposed in this Act should beissued:

BONDS THAT MAY BE ISSUED FOR THE BIENNIUM

1937-39

Bonds Paid 1935-36:

General Fund bonds $2,119,000.00

Highway bonds 4,417,000.00

Highway (County Loans) 548,356.83

Special School Building bonds 877,000.00 $ 7,961,356.83

Bonds Paid 1936-37:

General Fund bonds $2,266,000.00

Highway bonds 4,257,000.00

Highway (County Loans) 478,000.00

Special School Building bonds 803,000.00 7,804,000.00

Total Biennium 1935-37 $15,765,356.83

Less: Bonds authorized and issued

Biennium 1935-37:

Chapter 230 of 1933 $ 572,000.00

Chapter 296 of 1937 3,019,000.00 $ 3,591,000.00

Net $12,174,356.83

2/3 of amount paid duringBiennium 1935-37 $ 8,116,237.88

Less: Bonds authorized and unissued

for which an obligation nowexists:

Textbook Commission bonds $1,500,000.00

Western North Carolina Sanatorium 250,000.00

State Hospitals 500,000.00

Advance to North Carolina Schoolfor the Deaf to fireproof con-

demned buildings 275,000.00 2,525,000.00

Total bonds that may be issued $ 5,591,237.88

Total bonds proposed 4,620,000.00

Additional availability for bond issue $ 971,237.88


A statement setting out the recommendations for each department,

institution, or agency is herewith submitted in the pages immediatelyfollowing.

Jack JoynerAppointee replacing

Chairman, Finance Committee of Senate, 1937

Victor S. BryantChairman, Finance Committee of House, 1937

Jas. A. BellChairman, Appropriations Committee of Senate, 1937

D. L. WardChairman, Appropriations Committee of House, 1937

J. H. Clark, Appointee

A. S. Brower, AppointeeMembers of the Advisory Budget Commission

EDUCATIONAL INSTITUTIONS

UNIVERSITY OF NORTH CAROLINA, Chapel Hill $234,850

For the following specific purposes:

Renovation of old Medical Building $182,000Equipment old Medical Building 20,000Equipment new Medical Building 75,000

Renovation of Alumni Building 100,000Renovation of Bynum Building 25,000Renovation of Gerrard Building 25,000

Total Purposes $427,000Less: P. W. A. grant 192,150

NORTH CAROLINA STATE COLLEGE OF AGRI-CULTURE AND ENGINEERING OF THEUNIVERSITY OF NORTH CAROLINA, Raleigh $212,300


Animal husbandry building, dairy plant andlaboratories $ 50,000

Equipment for Chemistry Building 30,000

Textile Building $250,000

Less: Appropriation available un-

der Chapter 296 of 1937 45,000 205,000

Equipment for Textile Building and reinstalla-

tion of present textile equipment 45,000


Renovation of old Textile Building for Voca-tional Shop work 50,000

Vocational Shop equipment 6,000

Total Purposes $386,000

Less: P. W. A. grant 173,700

WOMAN'S COLLEGE OF THE UNIVERSITY OFNORTH CAROLINA, Greensboro $178,750


General Science building $270,000General Science equipment 30,000

Renovation of Mclver building for general

classroom purposes 20,000

General classroom equipment for Mclverbuilding 5,000



EAST CAROLINA TEACHERS COLLEGE, Greenville $183,700


General classroom building $300,000

General classroom equipment 25,000

Garage 3,000

Additions to Laundry 6,000



NEGRO AGRICULTURAL AND TECHNICALCOLLEGE, Greensboro $130,350


Vocational Trades building $109,000Vocational Trades equipment 18,000

Auditorium 100,000

Equipment for Auditorium 10,000


WESTERN CAROLINA TEACHERS COLLEGE,Cullowhee $223,050


Completing Physical Education building $ 23,000

Physical Education equipment 7,000


Dormitory for men (capacity 160) 123,000

Dormitory equipment 7,000

Student Union building 30,000

Equipment for Student Union 6,000

Remodeling old Training School building for

general classroom use 24,000

General classroom equipment 6,000

Auditorium (capacity 900) 68,000

Equipment for Auditorium 7,000

Infirmary 30,000

Equipment for Infirmary 5,000

Extension of Water System 25,000

Renovation and Enlarging Heating Plant 20,000



APPALACHIAN STATE TEACHERS COLLEGE,Boone $ 92,675


General Science Building $117,600General Science Equipment 22,400

Equipment for Boys' Dormitory 5,600

Equipment for Administration Building 4,400

Equipment for High School 14,300

Equipment for Elementary School 4,200


CHEROKEE INDIAN NORMAL SCHOOL, Pembroke $ 24,695


Gymnasium $ 36,500Gymnasium Equipment 3,800Filter Plant and Water Mains 4,600

Total Purposes $ 44,900Less: P. W. A. grant 20,205

WINSTON-SALEM TEACHERS COLLEGE,Winston-Salem $118,305


Library and Administration Building $104,100Equipment for Library and Administration

Building 26,000General Science Building 65,000


General Science Equipment 20,000


ELIZABETH CITY STATE NORMAL SCHOOL,Elizabeth City $ 47,850


Dormitory for Boys (Capacity 150) $ 50,000Equipment for Dormitory 10,000Addition to Classroom Building 22,000Classroom Equipment 5,000


FAYETTEVILLE STATE NORMAL SCHOOL,Fayetteville $ 86,240


Dormitory for Men (Capacity 90) $ 74,000

Equipment for Dormitory 6,000

General Classroom and Science Building 60,000General Classroom and Science Equipment 10,000

Repairs to Dining Hall 3,300

Repairs to Girls' Dormitories 3,500


NORTH CAROLINA COLLEGE FOR NEGROES,Durham $126,500


General Science Building - $130,000General Science Equipment 10,000

Laundry Building 15,000

Laundry Equipment 5,000

Home Economics Building 45,000

Home Economics Equipment 5,000

Gymnasium 20,000



NORTH CAROLINA SCHOOL FOR THE DEAF,Morganton $ 49,645



Coal Storage and Heating Equipment $ 10,500

Calf and Horse Barns 21,000

Switchboard 4,725

Electric Lines 7,900

Home Economics Building 6,850

Repairs to Superintendent's Residence 3,675

Completing Basement Main Building 20,000

Rebuilding School Building Destroyed by Fire.. 11,750

Total Purposes $ 86,400


STATE SCHOOL FOR THE BLIND AND THEDEAF, Raleigh $ 30,800


Sewage Filter Plans (Colored Department) $ 21,000

Dairy Barn and Well (Colored Department) 31,000

Dairy Equipment (Colored Department) 4,000



CHARITABLE AND CORRECTIONAL INSTITUTIONS

STATE HOSPITAL AT RALEIGH, Raleigh $704,275


Fireproofing East and South Wings of

Main Building $ 164,200Fireproofing Center Building 105,200Replacing Erwin Building 110,000Replacing Epileptic Building for Men 123,300Replacing Epileptic Building for Women 123,300Replacing Adams Building 123,300Replacing Part of Infirmary 23,000Replacing Tubercular Building for Men 46,000Replacing Tubercular Building for Women 46,000Building for Women 143,620Equipment for Building for Women 3,000

Addition to Criminal Insane Building 1,800

Equipment for Criminal Insane Building 1,500

Addition to Nurses' Home 39,200Equipment for Nurses' Home 59,880Building for Attendants 121,900

Equipment for Attendants' Building 3,300

Storeroom and Cold Storage 37,000


Remodeling Present Storeroom for

Sewing Room 5,000

Total Purposes $1,280,500


STATE HOSPITAL AT MORGANTON, Morganton $735,075


Fireproofing Center Building $ 747,300

Fireproofing Harper Building 143,380

Fireproofing Ward No. 27 42,525

Fireproofing Scroggs Building 40,200

Fireproofing Dining Room No. 2 23,900

Fireproofing Yates Building 36,645

Fireproofing Old Laundry for Patients' Use.... 57,525

Replacing Tubercular Ward for Men andWomen 91,875

Building Porches on Patients' Buildings 35,000

Superintendent's Home 15,750

Laundry and Equipment 77,900

Chlorinating Equipment 2,500

Booster Pump for Water System 2,000

Elevated Tank (Capacity 250,000 Gal.) 20,000

Total Purposes $1,336,500


STATE HOSPITAL AT GOLDSBORO, Goldsboro $535,500


Replacing Main Building $ 264,000Replacing Buildings for Female Patients 80,000Replacing Buildings for Male Patients 220,900Replacing Buildings for Epileptic Patients 220,900Renovation Power Plant and Steam Lines 38,600Superintendent's Residence 13,120

Staff House 59,750Six Cottages for White Employees 27,055Six Cottages for Negro Employees 12,000


Kitchen Equipment 2,625

Renovating Water System 17,500



CASWELL TRAINING SCHOOL, Kinston $ 55,810


Renovating Buildings $ 48,000

Dairy Barns 25,000

Fertilizer House 1,000

Gas Storage House 700

Silo 1,000

Potato House 3,500

Building and Equipment for ProblemChildren 15,000




NORTH CAROLINA ORTHOPEDIC HOSPITAL,Gastonia $ 31,990


Assembly Hall and Equipment $ 25,000

Addition to Dining Room 3,500

Cold Storage Improvements 3,700

Equipment 11,500

Improvements to Heating Plant 5,050



NORTH CAROLINA SANATORIUM, Sanatorium $ 76,790


Vocational Training School Building andEquipment $ 10,000

Renovation of Basement White Nurses' Home 6,800

Renovation of Basement Colored Nurses'

Home 3,000

Two Cottages for Employees 6,000

Cottage for Negro Employees 2,000

Air Conditioning Unit for Operating Room.... 1,000

Building for Negro Patients 100,000

Equipment for Negro Building 10,000




WESTERN NORTH CAROLINA SANATORIUM,Black Mountain $ 23,735


Five Houses for Colored Employees $ 5,200

Extension to Kitchen 6,000

Three Houses for White Employees 10,500

Furniture for Administration Building 1,200

Furniture for Patients' Building 1,600

Air Conditioning Unit for Operating Room 1,000

Roads and Landscaping 8,000



STONEWALL JACKSON TRAINING SCHOOL,Concord $ 8,085


Poultry Houses $ 2,000

Brooder House 1,200

Remodeling Laundry 2,500

Storage and Work Room 3,000

Canning Shed and Storage 3,000

Hay Storage 3,000



STATE HOME AND INDUSTRIAL SCHOOLFOR GIRLS, Eagle Springs $ 4,260


Roof Replacement $ 1,130


Renovation of Sewerage System 1,090

Telephone Extension 280


Less: P. W. A. grant 995

MORRISON TRAINING SCHOOL, Hoffman $ 5,885


Renovating McLean, Varser, Parsons, andKate Burr Johnson Buildings $ 10,700



EASTERN CAROLINA TRAINING SCHOOL,Rocky Mount $ 4,400


Roads $ 2,000

Maternity Barn 2,000

Sewage Treatment System , 4,000



STATE INDUSTRIAL FARM COLONY FORWOMEN, Kinston $ 9,625


Industrial Building $ 15,000

Equipment for Industrial Building 2,500



CONFEDERATE WOMEN'S HOME, Fayetteville $ 4,400


Sprinkler System $ 8,000


PUBLIC BUILDINGS AND OTHER PURPOSES

BOARD OF PUBLIC BUILDINGS AND GROUNDS $644,710


Enlarging and Renovating Central HeatingPlant for State Office Buildings $ 122,505

Sprinkler System for Capitol 15,000Justice Building and Land 692,000State Office Building on Caswell Square for

Unemployment Compensation Commission.. 200,000

Total Purposes $1,029,505Less: P. W. A. grant 384,795

DEPARTMENT OF CONSERVATION ANDDEVELOPMENT— DIVISION OF COM-MERCIAL FISHERIES, Morehead City $ 8,250


Purchase of Two Boats to PatrolCommercial Fishing Waters $ 15,000



NORTH CAROLINA HISTORICALCOMMISSION, Raleigh $ 27,500


Equipment for Housing and Displaying

Historical Documents and Records $ 50,000

Less P. W. A. grant 22,500

Following the message, on motion of Senator Bell, the Joint Assem-bly adjourns. The Senate retires to its Chamber and the House re-

sumes consideration of its business.




By Messrs. Bryant and Ward:

H. B. 2, a bill to be entitled An act to authorize the issuance of

bonds and notes of the State for permanent improvements of State

Institutions, Departments and agencies and construction of buildings

and permanent improvements for the State.

On motion of Mr. Bryant, the bill is placed on the Calendar.

By Messrs. Bryant, Allen, Gardner, Pope, Caffey, Horton andPaylor:

H. B. 3, a bill to be entitled An act authorizing counties, cities,

towns and sanitary districts to acquire, construct, reconstruct, im-prove, better and extend revenue producing undertakings; to maintainand operate the same; to prescribe, revise and collect rates, fees, tolls,

and charges for the services, facilities and commodities, furnished

thereby; and in anticipation of the collection of the revenues thereof,

to issue negotiable bonds payable solely from such revenues; regulat-

ing the issuance of such bonds and providing for their payment andfor the rights of the holders thereof and for other purposes.

On motion of Mr. Bryant the bill is placed on the Calendar.

By Mr. Hobbs:

H. B. 4, a bill to be entitled An act to amend Section 2943 of the

Consolidated Statutes, Volume 3, as amended, the same being a part

of the Municipal Finance Act.

On motion of Mr. Hobbs the bill is placed on the Calendar.

On motion of Mr. Bryant the House takes a recess and will meetagain at three o'clock.

AFTERNOON SESSION

Pursuant to its recess, the House meets and resumes consideration

of its business with Mr. Speaker Cherry presiding.


MESSAGE FROM THE SENATE

A message is received from the Senate transmitting the following

bills and resolutions, which are read the first time and disposed of as

follows

:

S. R. 1, joint resolution informing His Excellency, the Governor,

that the Extraordinary Session of the General Assembly of 1938 is

organized and ready to proceed with public business, and inviting himto address the General Assembly in Joint Session.

Referred to the Committee on Judiciary No. 1.




By Mr. Seeley:

H. B. 5, a bill to be entitled An act validating proceedings hereto-

fore adopted by Carteret County, North Carolina, for the authorization

of the Refunding Bonds and Funding Bonds of said County, validating

the bonds to be issued pursuant to such proceedings and the indebted-

ness refunding and funded by the issuance of said bonds, providing for

the issuance and payment of said refunding and funding bonds andproviding that this Act shall take immediate effect.

On motion of Mr. Seeley the bill is placed on the Calendar.

CALENDAR

Bills and resolutions on the Calendar are taken up and disposed of

as follows:



Institutions, Departments and Agencies and construction of buildings


On motion of Mr. Bryant, the House goes into the Committee of the

Whole for the purpose of considering House Bills Nos. 2 and 3, section

by section, Mr. Lumpkin presiding, he having been appointed Chair-

man by the Speaker, as provided by House Rule No. 44.

After consideration by the Committee of the Whole, on motion of

Mr. Bryant, the Committee of the Whole rises and the House is called

to order by Mr. Speaker Cherry. Mr. Lumpkin makes the following

report for the Committee:

REPORT OF THE CHAIRMAN FOR THE COMMITTEE OF THE WHOLE ON HOUSE

BILL NO. 2

Mr. Speaker:

Your Committee, having under consideration House Bill No. 2, a

bill to be entitled An act to authorize the issuance of bonds and notes


of the State for permanent improvements of State Institutions, depart-

ments and agencies and construction of buildings and permanentimprovements for the State, reports progress as follows:

The Committee recommends the adoption of the following sections,

to-wit

:

Sections one, two, three, four, five and six. individually and col-

lectively.

Section seven, which includes the following named institutions andagencies:

EDUCATIONAL INSTITUTIONS

University of North Carolina, Chapel Hill

North Carolina State College, RaleighWomens College of the University of N. C, GreensboroEast Carolina Teachers' College, Greenville

Negro Agricultural & Technical College, GreensboroWestern Carolina Teachers' College, CullowheeAppalachian State Teachers' College, BooneCherokee Indian Normal School, PembrokeWinston-Salem Teachers' College, Winston-SalemElizabeth City State Normal School, Elizabeth City

Fayetteville State Normal School, Fayetteville

North Carolina College for Negroes, DurhamNorth Carolina School for the Deaf, MorgantonState School for the Blind and Deaf, Raleigh

CHARITABLE AND CORRECTIONAL INSTITUTIONS

State Hospital, RaleighState Hospital, MorgantonState Hospital, GoldsboroCaswell Training School, KinstonNorth Carolina Orthopedic Hospital, GastoniaNorth Carolina Sanitorium, SanitoriumWestern North Carolina Sanitorium, Black MountainStonewall Jackson Training School, ConcordState Home and Industrial School for Girls, Eagle SpringsMorrison Training School, HoffmanEastern Carolina Training School, Rocky MountState Industrial Farm Colony for Women, KinstonConfederate Womens Home, Fayetteville

PUBLIC BUILDINGS AND OTHER PURPOSES

Board of Public Buildings and Grounds

Department of Conservation and Development—Division of Com-mercial Fisheries, Morehead City

North Carolina Historical Commission


An amendment is offered by Messrs. Moore and Paylor of Pitt

increasing the appropriation to the Eastern Carolina Teachers' College

at Greenville, which amendment fails of adoption.

An amendment offered by Mr. Stone striking out the appropriationfor the Department of Justice building and ground, which item wasincluded under the heading "Public Buildings and Grounds," fails of

adoption.

An amendment offered by Mr. Stone reducing the appropriationfor the Department of Justice building and ground, included under the

heading "Public Buildings and Grounds" fails of adoption.

On motion of Mr. Bryant, the vote by which Section 7, relative to

the State Hospital at Raleigh was adopted, is reconsidered and anamendment offered by Mr. Bryant is adopted.

That portion of Section 7, relating to the State Hospital at Raleigh

is adopted, as amended.

The Committee recommends the adoption of Section 7 as a whole,

as amended.

Sections eight, nine, ten, eleven, twelve, thirteen, fourteen, fifteen,

sixteen, seventeen and eighteen are adopted individually and col-

lectively.

The bill, as a whole, as amended, is adopted.

On motion of Mr. Bryant the bill as a whole, as amended, is

ordered reported favorably to the House.

Respectfully submitted,

Mr. Lumpkin, Chairman.

REPORT OF THE CHAIRMAN FOR THE COMMITTEE OF THE WHOLE ON H. B. 3

Mr. Speaker:

Your Committee having under consideration H. B. 3, a bill to beentitled An act authorizing counties, cities, towns and sanitary districts

to acquire, construct, reconstruct, improve, better and extend revenue-producing undertakings; to maintain and operate the same; to pre-

scribe, revise, and collect rates, fees, tolls, and charges for the services,

facilities and commodities furnished thereby; and in anticipation of

the collection of the revenues thereof, to issue negotiable bonds payablesolely from such revenues; regulating the issuance of such bonds andproviding for their payment and for the rights of the holders thereof,

and for other purposes, reports progress as follows:

The Committee recommends the adoption of the following sections,

to-wit:

Sections one, two as amended, three, four, five, six, seven andeight.

Mr. Pickens and others offer an amendment to Section nine, andupon its adoption, calls for the "ayes" and "noes." The call is sus-

tained, and the amendment is adopted by the following roll call vote:


Those voting in the affirmative are: Messrs. Abernathy, Adams,Andrews, Atkinson, Baley, Barnes, Benton, Best of Wayne, Blanken-ship, Blount, Bost, Brooks, Burleson, Caffey, Carruthers, Craig, Dellin-

ger of Avery, Eagles, Elkins, Fulghum, Garrett, Grant, Gray, Hanford,Haynes, Johnson of Currituck, Jones, Joyner, Kimzey, Ledbetter,Lumpkin, Mayhew, Moore, McBryde, McDowell, McNeill, Norwood,Peace, Pickens, Poole, Rasberry, Scott, Seeley, Sentelle, Spruill, Stell,

Taylor of Alleghany, Taylor of Caswell, Williamson, Wilson of Forsyth,Withrow and Zickler—52.

Those voting in the negative are: Messrs. Allen, Aycock, Barker,Banks of Jones, Bryant, Burgin, Clark, Davis of Dare, Dellinger of

Gaston, Finch, Flowers, Gardner, Gass, Hatch, Hobbs, Horton, Howard,Leggett, Martin, Meekins, Mitchell, McDuffie, McNair, Patton, Paylor,Pope, Stone, Summersill, Tatem, Thomas of Anson, Thomas of Harnett,

Thornton, Underwood, Uzzell, Vogler, Ward, and White—37.

Section nine, as amended, is adopted.

Sections ten, eleven, twelve, thirteen, as amended, and fourteenand fifteen are adopted.

An amendment offered by Mr. Flowers creating a new Sectionsixteen and providing for renumbering of the original Section sixteen

to Section seventeen, is adopted.

The Committee recommends the adoption of the bill as a whole, as

amended.

On motion of Mr. Bryant, the bill as a whole, as amended is orderedreported favorably to the House.

Respectfully submitted,

Mr. Lumpkin, Chairman.

On motion of Mr. Lumpkin reports of the Committee of the Whole,considering House Bills Nos. 2 and 3, are adopted, and the bills, as

amended, pass their first readings and remain on the Calendar for

their second reading roll call.

On motion of Mr. Bryant, the House adjourns in honor of the

memory of Hon. Robert R. Rouse, of Lenoir, C. C. Howell of Mont-gomery and W. F. Miller of Watauga, former members of the House,and will meet tomorrow at 11 o'clock A. M.

SECOND DAYHouse of Representatives

Tuesday, August 9, 1938

The House meets pursuant to adjournment and is called to orderby Mr. Speaker Cherry.

The House was led in repeating the Lord's Prayer by ReadingClerk, Dan Tompkins.


Mr. Kimzey, for the Committee on the Journal, reports that the

Journal of yesterday has been examined and found correct and the

same stands approved.




By Messrs. Fenner and Caffey:

H. B. 6, a bill to be entitled An act to appropriate seventy-five

thousand dollars for the participation by the State of North Carolina

in the New York World's Fair to be held in New York City in the

year One Thousand Nine Hundred and Thirty-nine.

On motion of Mr. Fenner the bill is placed on its immediate passage.


Rules suspended.

Passes its second and third readings and ordered sent to Senate

without engrossment.

CALENDAR


as follows:


bonds and notes of the State institutions, departments and agencies,

and construction of buildings and permanent improvements for the

State.

The question now recurs upon the passage of the bill, as amended,on its second reading.

Mr. Giles offers an amendment, which fails of adoption.

The question now recurs upon the passage of the bill, as amended,on its second reading.

The bill, as amended, passes its second reading by the following roll

call vote and remains on the Calendar for its third reading roll call.

Those voting in the affirmative are: Messrs. Abernathy, Adams,Allen, Atkinson, Aycock, Baley, Banks of Jones, Barker, Barnes, Ben-ton, Berry, Best of Pender, Best of Wayne, Blankenship, Blount, Bost,

Brooks, Bryant, Burgin, Burleson, Cabe, Caffey, Carruthers, Clark,

Craig, Davis of Dare, Davis of Hyde, Davis of Randolph, Dellinger of

Avery, Dellinger of Gaston, Eagles, Elkins, Fenner, Finch, Flowers,

Fulghum, Gardner, Garrett, Gass, Giles, Grant, Gray, Hanford, Hatch,Haynes, Hobbs, Horton, Howard, Jenkins, Johnson of Currituck,

Johnston of Iredell, Jones, Joyner, Kimzey, Ledbetter, Leggett, Lump-kin, Mayhew, Martin, May, Mitchell, Moore, McBryde, McDowell,McDuffie, McNair, McNeill, Norwood, Patton, Paylor, Peace, Pickens,


Stell, Stone, Summersill, Tatem, Taylor of Alleghany, Taylor of Cas-


well, Thomas of Anson, Thomas of Harnett, Thornton, Underwood,Uzzell, Ward, Warren, White, Williamson, Withrow and Zickler—98.

Those voting in the negative are: None.

H. B. 4, a bill to be entitled An act to amend Section 2943 of

Consolidated Statutes, Volume 3, as amended, the same being a part


Passes its second reading by the following vote and remains onthe Calendar:

Those voting in the affirmative are: Messrs. Abernathy, Adams,Allen, Atkinson, Aycock, Baley, Banks of Jones, Barker, Barnes,




ger of Avery, Dellinger of Gaston, Eagles, Elkins, Fenner, Finch,

Flowers, Fulghum, Gardner, Garrett, Gass, Giles, Grant, Gray, Han-ford, Hatch, Haynes, Hobbs, Horton, Howard, Jenkins, Johnson of

Currituck, Johnston of Iredell, Jones, Joyner, Kimzey, Ledbetter,

Leggett, Lumpkin, Mayhew, Martin, May, Mitchell, Moore, McBryde,McDowell, McDuffie, McNair, McNeill, Norwood, Patton, Paylor,

Peace, Pickens, Poole, Pope, Quinn, Rasberry, Royster, Scott, Seeley,

Sentelle, Siler, Stell, Stone, Summersill, Tatem, Taylor of Alleghany,

Taylor of Caswell, Thomas of Anson, Thomas of Harnett, Thornton,

Underwood, Uzzell, Ward, Warren, White, Williamson, Withrow andZickler—98.




of the refunding bonds and funding bonds of said County, validating


ness refunding and funding by the issuance of said bonds, providing

for the issuance and payment of said refunding and funding bonds andproviding that this act shall take immediate effect.

Passes its second reading by the following roll call vote and remainson the Calendar:

Those voting in the affirmative are: Messrs. Abernathy, Adams,Allen, Atkinson, Aycock, Baley, Banks of Jones, Barker, Barnes,




ger of Avery, Dellinger of Gaston, Eagles, Elkins, Fenner, Finch,

Flowers, Fulghum, Gardner, Garrett, Gass, Giles, Grant, Gray, Han-ford, Hatch, Haynes, Hobbs, Horton, Howard, Jenkins, Johnson of

Currituck, Johnston of Iredell, Jones, Joyner, Kimzey, Ledbetter,

Leggett, Lumpkin, Mayhew, Martin, May, Mitchell, Moore, McBryde,McDowell, McDuffie, McNair, McNeill, Norwood, Patton, Paylor,

Peace, Pickens, Poole, Pope, Quinn, Rasberry, Royster, Scott, Seeley,

Sentelle, Siler, Stell, Stone, Summersill, Tatem, Taylor of Alleghany,


Taylor of Caswell, Thomas of Anson, Thomas of Harnett, Thornton,

Underwood, Uzzell, Ward, Warren, White, Williamson, Withrow andZickler—98.


H. B. 3, a bill to be entitled An act authorizing the counties, cities,

towns and sanitary districts to acquire, construct, reconstruct, improve,better, and extend revenue-producing undertakings; to maintain andoperate the same; to prescribe, revise and collect rates, fees, tolls, andcharges for the services, facilities and commodities furnished thereby;

and in anticipation of the collection of the revenue thereof, to issue

negotiable bonds payable solely from such revenues; regulating the

issuance of such bonds and providing for their payment, and for the

rights of the holders thereof, and for other purposes.

As amended, the bill passes its second reading by the following roll

call vote and remains on the Calendar.

Those voting in the affirmative are: Messrs. Abernathy, Allen, At-kinson, Aycock, Baley, Banks of Jones, Barker, Barnes, Benton, Berry,

Best of Pender, Best of Wayne, Blankenship, Bost, Brooks, Bryant,

Burgin, Burleson, Cabe, Caffey, Carruthers, Clark, Craig, Davis of

Dare, Davis of Hyde, Dellinger of Avery, Dellinger of Gaston, Eagles,

Elkins, Fenner, Finch, Flowers, Fulghum, Gardner, Garrett, Gass,

Giles, Grant, Gray, Hanford, Hatch, Haynes, Hobbs, Horton, Howard,Johnson of Currituck, Johnston of Iredell, Jones, Kimzey, Ledbetter,

Leggett, Lumpkin, Mayhew, Martin, May, Mitchell, Moore, McBryde,McDuffie, McNair, McNeill, Norwood, Patton, Paylor, Peace, Pickens,


Stell, Stone, Tatem, Taylor of Alleghany, Taylor of Caswell, Thomasof Anson, Thomas of Harnett, Thornton, Underwood, Uzzell, Ward,White, Williamson, Withrow and Zickler—90.

Those voting in the negative are: Mr. Blount— 1.

On motion of Mr. Siler the House adjourns and will meet tomorrowat 12 o'clock Noon.

THIRD DAY

House of Representatives

Wednesday, August 10, 1938

The House meets pursuant to adjournment and is called to order


The House is led in repeating the Lord's Prayer by Dan W. Tomp-kins, Reading Clerk.





On motion of Mr. Hatch of Wake, Earl Harrocks of Philadelphia,

Pennsylvania, is made an Honorary Page of the House.

On motion of Mr. Brooks, Joseph E. Quinn, son of Representative

Quinn of Duplin County, is made an Honorary Page of the House.

On motion of Mr. Abernathy, Hugh Horton, Jr., son of Representa-

tive Hugh Horton of Martin County, is made an Honorary Page of the

House.

On motion of Mr. Allen courtesies of the floor are extended to Hon.J. Sherwood Upchurch, former member of the House from WakeCounty.

On motion of Mr. Caffey courtesies of the floor are extended to

Hon. F. Webb Williams, former member of the House from PasquotankCounty.

On motion of Mr. Dellinger, William Warren, son, grandson andgreat-grandson of former members of the House of Representatives,

is made an Honorary Page.




By Mr. Stone:

H. R. 7, Joint resolution relative to the printing of the Acts andrecords of the Special Session of One Thousand Nine Hundred andpassage.

On motion of Mr. Stone the Resolution is placed on its immediateThirty-eight.


Rules suspended.

Passes its second and third readings and ordered sent to Senatewithout engrossment.

By Mr. Barker:

H. B. 8, a bill to be entitled An act to amend House Bill No. Threeof the Special Session of One Thousand Nine Hundred Thirty-eight,

known as the "Revenue Bond Act of One Thousand Nine HundredThirty-eight."

On motion of Mr. Barker, the bill is placed on the Calendar.

By Mr. Baley:

H. B. 9, a bill to be entitled An act to amend Chapter 82 of the

Public Local Laws of 1927, to permit the issuance of revenue bondsfor self-liquidating projects without a vote of the people of MadisonCounty.

On motion of Mr. Baley the bill is placed on the Calendai




bills and resolutions, which are read the first time, and disposed of as

follows

:

S. B. 8, a bill to be entitled An act to repeal Section 9 of Chapter231, Public Local Laws, Session 1927, relative to the issuance of bondsby the County of Randolph, so as to conform with the General Lawsin this respect.

On motion of Mr. Davis of Randolph, the bill is placed on its

immediate passage.


Rules suspended.

Passes its second and third readings and ordered enrolled.

CALENDAR


as follows:



institutions, departments and agencies and construction of buildings


An amendment offered by Mr. Bryant is adopted.

The following motion was duly made in writing by Mr. Bryant of

Durham and adopted:

"This amendment is hereby declared not to be material, and the

Principal Clerk is authorized and directed to enter the following

notation on the margin of the Journal, opposite the amendment:

'By motion duly passed, this amendment is declared not to be a

material amendment.' "

As amended, passes its third reading by the following roll call vote

and is ordered sent to the Senate without engrossment.

Those voting in the affirmative are: Messrs. Abernathy, Adams,Allen, Andrews, Aycock, Baley, Banks of Jones, Barker, Barnes, Ben-ton, Best of Pender, Blankenship, Blount, Bost, Brooks, Bryant, Burgin,

Burleson, Cabe, Caffey, Carruthers, Clark, Craig, Davis of Dare, Davisof Randolph, Dellinger of Avery, Dellinger of Gaston, Eagles, Elkins,

Fenner, Finch, Flowers, Fulghum, Gardner, Garrett, Gass, Giles, Grant,

Gray, Hanford, Hatch, Haynes, Hobbs, Horton, Howard, Johnson of

Currituck, Johnston of Iredell, Jones, Joyner, Kimzey, King, Ledbetter,

Leggett, Lumpkin, Mayhew, Martin, May, Moore, Murphy, McBryde,McDowell, McDuffie, McNair, McNeill, Norwood, Paylor, Peace, Pick-

ens, Poole, Pope, Quinn, Rasberry, Royster, Scott, Seeley, Sentelle,

Siler, Spruill, Stell, Stone, Summersill, Tatem, Taylor of Alleghany,Taylor of Caswell, Thomas of Anson, Thomas of Harnett, Thornton,


Underwood, Uzzell, Vogler, Ward, Warren, Williamson, Wilson of

Forsyth and Zickler—95.


H. B. 4, a bill to be entitled An act to amend Section 2943 of the

Consolidated Statutes, Volume 3, as amended the same being a part


Passes its third reading by the following roll call vote and is

ordered sent to the Senate without engrossment.

Those voting in the affirmative are: Messrs. Abernathy, Adams,Allen, Andrews, Aycock, Baley, Banks of Jones, Barker, Barnes,

Benton, Best of Pender, Blankenship, Blount, Bost, Brooks, Bryant,


Dare, Davis of Randolph, Dellinger of Avery, Dellinger of Gaston,

Eagles, Elkins, Fenner, Finch, Flowers, Fulghum, Gardner, Garrett,

Gass, Giles, Grant, Gray, Hanford, Hatch, Haynes, Hobbs, Horton,Howard, Johnson of Currituck, Johnston of Iredell, Jones, Joyner,

Kimzey, King, Ledbetter, Leggett, Lumpkin, Mayhew, Martin, May,Moore, Murphy, McBryde, McDowell, McDuffie, McNair, McNeill,

Norwood, Paylor, Peace, Pickens, Poole, Pope, Quinn, Rasberry, Roy-ster, Scott, Seeley, Sentelle, Siler, Spruill, Stell, Stone, Summersill,Tatem, Taylor of Alleghany, Taylor of Caswell, Thomas of Anson,Thomas of Harnett, Thornton, Underwood, Uzzell, Vogler, Ward, War-ren, Williamson, Wilson of Forsyth and Zickler—95.




of the refunding bonds and funding bonds of said county, validating


ness refunding and funded by the issuance of said bonds, providingfor the issuance and payment of said refunding and funding bonds andproviding that this act shall take immediate effect.

Passes its third reading by the following roll call vote and is orderedsent to the Senate without engrossment.

Those voting in the affirmative are: Messrs. Abernathy, Adams,Allen, Andrews, Aycock, Baley, Banks of Jones, Barker, Barnes,

Benton, Best of Pender, Blankenship, Blount, Bost, Brooks, Bryant,


Dare, Davis of Randolph, Dellinger of Avery, Dellinger of Gaston,

Eagles, Elkins, Fenner, Finch, Flowers, Fulghum, Gardner, Garrett,

Gass, Giles, Grant, Gray, Hanford, Hatch, Haynes, Hobbs, Horton,

Howard, Johnson of Currituck, Johnston of Iredell, Jones, Joyner,

Kimzey, King, Ledbetter, Leggett, Lumpkin, Mayhew, Martin, May,Moore, Murphy, McBryde, McDowell, McDuffie, McNair, McNeill,

Norwood, Paylor, Peace, Pickens, Poole, Pope, Quinn, Rasberry, Roy-

ster, Scott, Seeley, Sentelle, Siler, Spruill, Stell, Stone, Summersill.

Tatem, Taylor of Alleghany, Taylor of Caswell, Thomas of Anson,


Thomas of Harnett, Thornton, Underwood, Uzzell, Vogler, Ward,Warren, Williamson, Wilson of Forsyth and Zickler—95.


H. B. 3, a bill to be entitled An act authorizing counties, cities,

towns and sanitary districts to acquire, construct, reconstruct, improve,better and extend revenue-producing undertakings, to maintain andoperate the same; to prescribe, revise, and collect rates, fees, tolls andcharges for the services, facilities and commodities furnished thereby;

and in anticipation of the collection of the revenues thereof, to issue

negotiable bonds payable solely from such revenues; regulating the

issuance of such bonds and providing for their payment and for the

rights of the holders thereof, and for other purposes.

The question recurs upon the passage of the bill as amended, onits third reading.

Mr. Bryant offers an amendment and upon the question of its

adoption, Mr. Brooks calls for the ayes and noes. The call is sustained

and the amendment is adopted by the following vote.

Those voting in the affirmative are: Messrs. Allen, Banks of Jones,

Barker, Berry, Bryant, Burgin, Cabe, Caffey, Carruthers, Clark, Craig,

Davis of Dare, Dellinger of Gaston, Fenner, Finch, Gardner, Garrett,

Gass, Giles, Hatch, Hobbs, Horton, Howard, Johnston of Iredell, Joy-

ner, Kimzey, King, Ledbetter, May, Meekins, McDuffie, McNair,Pickens, Quinn, Royster, Scott, Seeley, Sentelle, Siler, Stone, Summer-sill, Tatem, Taylor of Caswell, Thomas of Anson, Thomas of Harnett,

Thornton, Underwood, Uzzell, Ward, Warren, and White—51.

Those voting in the negative are: Messrs. Abernathy, Andrews,Baley, Barnes, Benton, Best of Pender, Blankenship, Blount, Bost,

Brooks, Dellinger of Avery, Eagles, Elkins, Fulghum, Grant, Gray,Hanford, Haynes, Johnson of Currituck, Jones, Lumpkin, Mayhew,Martin, Moore, Murphy, McBryde, McDowell, Norwood, Paylor, Poole,

Pope, Rasberry, Spruill, Stell, Taylor of Alleghany, Vogler, William-son, Wilson of Forsyth and Zickler—40.

The following motion was duly made in writing by Mr. Bryant andadopted:

"This amendment is hereby declared not to be material, and the

Principal Clerk is authorized and directed to enter the followingnotation on the margin of the Journal, opposite the amendment:

'By motion duly passed, this amendment is declared not to be a

material amendment.' "

The question now recurs upon the passage of the bill, as amended,on its third reading.

The bill as amended, passes its third reading by the following roll

call vote and is ordered sent to the Senate without engrossment.

Those voting in the affirmative are: Messrs. Abernathy, Allen,

Andrews, Aycock, Baley, Banks of Jones, Barker, Berry, Best of


Pender, Bryant, Burgin, Cabe, Caffey, Carruthers, Clark, Craig, Davisof Dare, Dellinger of Avery, Dellinger of Gaston, Eagles, Elkins, Fen-ner, Finch, Fulghum, Gardner, Garrett, Gass, Grant, Hatch, Hobbs,Horton, Howard, Johnston of Iredell, Jones, Joyner, Kimzey, King,

Ledbetter, Mayhew, Martin, May, Moore, McDowell, McDuffie, McNair,McNeill, Norwood, Paylor, Pickens, Poole, Pope, Quinn, Rasberry,

Royster, Scott, Seeley, Sentelle, Siler, Spruill, Stell, Stone, Summer-sill, Tatem, Thomas of Anson, Thomas of Harnett, Thornton, Under-wood, Uzzell, Ward, Warren, White and Wilson of Forsyth-—72.

Those voting in the negative are: Messrs. Blankenship, Bost, Brooks,

Davis of Hyde, Gray, Hanford, Haynes, Jenkins, Lumpkin, Murphy,McBryde, Taylor of Alleghany, Taylor of Caswell, Williamson andZickler— 15.

The following pair is announced: Messrs. Mitchell and Blount,

were Mr. Mitchell present he would vote "aye," Mr. Blount votes "no."

On motion of Mr. Gardner the House adjourns and will meet tomor-row at 12 o'clock Noon.

FOURTH DAYHouse of Representatives

Thursday, August 11, 1938

The House meets pursuant to adjournment and is called to order byMr. Speaker Cherry.

The House is led in prayer by Alonza P. Jordan, employee of the

House.




On motion of Mr. Murphy, Betty Ruth Uzzell, daughter of Repre-sentative Uzzell, is made an Honorary Page of the House.

Courtesies of the floor are extended to Hon. G. T. Gatling, formermember of the House from Gates County.


Bills and resolutions are received from the Senate, read the first

time and disposed of as follows:

S. B. 5, a bill to be entitled An act to validate bonds to be issued

by Pasquotank County for the acquisition of land for an airport or

landing field and to provide for the issuance and payment of said bonds.

On motion of Mr. Blount, the bill is placed on the Calendar.

And,

S. B. 6, a bill to be entitled An act to authorize the City of Elizabeth

City, North Carolina, and the County of Pasquotank, North Carolina,


to convey land to the United States Government for an airport for the

United States Coast Guard.

On motion of Mr. Blount, the bill is placed on the Calendar.

And,

S. B. 7, a bill to be entitled An act to expedite creation of sanitary-

districts and bond election therein, to enable them to obtain P. W. A.

Loans and Grants, and to amend Chapter 100 of the Public Laws of

1927, and Chapter 426 of the Public Laws of 1935, to be known as

"The Emergency Sanitary District Act of 1938"

On motion of Mr. Gardner, the bill is placed on the Calendar.

And,

S. B. 9, a bill to be entitled An act to authorize the board of Com-missioners of the Town of North Wilkesboro to close section of EighthStreet.

On motion of Mr. Gardner, the bill is placed on its immediatepassage.


Rules suspended.

Passes its second and third readings and is ordered enrolled.


Mr. Speaker:

It is ordered that a message be sent your Honorable Body requesting

the return of S. B. 7, "A Bill to be entitled An act to expedite creation

of Sanitary districts and bond elections therein, to enable them to

obtain P. W. A. Loans and Grants, and to amend Chapter 100 of the

Public Laws of 1927 and Chapter 426 of the Public Laws of 1935 to beknown as "The Emergency Sanitation District Act of 1938," for the

further consideration of the Senate.

Respectfully,

S. Ray Byerly,Principal Clerk.

In compliance with the above request, the bill is returned to the

Senate for further consideration.


Bills and resolutions are introduced, read the first time, and disposed

of as follows:

By Mr. Bryant:

H. R. 10, joint resolution by the General Assembly of North Caro-lina, providing for adjournment of the Extra Session of NineteenHundred Thirty-eight, on August Thirteenth, One Thousand NineHundred Thirty-eight.


On motion of Mr. Bryant the Resolution is placed on its immediatepassage.


Rules suspended.

Passes its second and third readings and ordered sent to the Senatewithout engrossment.

On motion of Mr. Bryant, the House adjourns and will meet tomor-row at 10 o'clock P. M.

FIFTH DAYHouse of Representatives

Friday, August 12, 1938



The House is led in repeating the Lord's Prayer by Reading Clerk,

Dan Tompkins.




The Speaker announces the appointment of the following Com-mittee :

Committee on Enrolled Bills: Messrs. Bryant, Fenner and Ward.

Courtesies of the floor are extended to Hon. Lindsey C. Warren,Member of Congress and former member of the House; also Messrs.

O. M. Mull of Cleveland County, Robert Aycock of Wayne County andRalph J. Scott of Rockingham County, former members of the House.

On motion of members, Janice Rose Andrews and Janet PearsonAndrews of Wayne County, Dorothy Finch of Buncombe County andEdward McKee Rankin of Burke County, are made Honorary Pagesof the House.



bills and resolutions, which are read the first time and disposed of as

follows

:

S. B. 11, a bill to be entitled An act to create Tar River Port Com-mission, to own, manage and control dock facilities on Tar River, in

Pitt County.

On motion of Mr. Paylor the bill is placed on the Calendar.

And,

S. B. 12, a bill to be entitled An act commending Governor andCouncil of State upon the wisdom displayed in calling Extra Session

of the General Assembly of 1938.

On motion of Mr. Bryant the bill is placed on the Calendar.


CALENDAR


as follows:

S. B. 5, a bill to be entitled An act to validate bonds to be issued byPasquotank County for the acquisition of land for an airport or landingfield and to provide for the issuance and payment of said bonds.

Passes its second reading by the following roll call vote and takes

its place on the Calendar.

Those voting in the affirmative are: Messrs. Adams, Allen, Andrews,Atkinson, Aycock, Banks of Jones, Barker, Barnes, Benton, Berry,

Best of Pender, Blankenship, Blount, Brooks, Bryant, Burgin, Cabe,

Caffey, Carruthers, Davis of Dare, Davis of Randolph, Dellinger of

Gaston, Eagles, Elkins, Fenner, Finch, Flowers, Fulghum, Gardner,Garrett, Gass, Giles, Grant, Gray, Hanford, Hatch, Haynes, Hobbs,Horton, Howard, Johnson of Currituck, Johnston of Iredell, Jones,

Joyner, Kimzey, Ledbetter, Lumpkin, Mayhew, Martin, May, Meekins,Mitchell, Moore, Murphy, McBryde, McDowell, McDuffie, McNair, Mc-Neill, Norwood, Paylor, Peace, Pickens, Pope, Quinn, Rasberry, Roy-ster, Seeley, Sentelle, Siler, Spruill, Stell, Stone, Taylor of Alleghany,Taylor of Caswell, Thomas of Anson, Thomas of Harnett, Thornton,Underwood, Uzzell, Vogler, Ward, Warren, White, Williamson andWithrow—86.


S. B. 6, a bill to be entitled An act to authorize the City of Eliza-

beth City, North Carolina, and the County of Pasquotank, North Caro-lina, to convey land to the United States Government for an airport

for the United States Coast Guard.

Passes its second reading by the following roll call vote and remainson the Calendar.

Those voting in the affirmative are: Messrs. Adams, Allen, Andrews,Atkinson, Aycock, Banks of Jones, Barker, Barnes, Benton, Berry,

Best of Pender, Blankenship, Blount, Brooks, Bryant, Burgin, Cabe,

Caffey, Carruthers, Davis of Dare, Davis of Randolph, Dellinger of

Gaston, Eagles, Elkins, Fenner, Finch, Flowers, Fulghum, Gardner,Garrett, Gass, Giles, Grant, Gray, Hanford, Hatch, Haynes, Hobbs,Horton, Howard, Johnson of Currituck, Johnston of Iredell, Jones,

Joyner, Kimzey, Ledbetter, Lumpkin, Hayhew, Martin, May, Meekins,

Mitchell, Moore, Murphy, McBryde, McDowell, McDuffie, McNair,McNeill, Norwood, Paylor, Peace, Pickens, Pope, Quinn, Rasberry,

Royster, Seeley. Sentelle, Siler, Spruill, Stell, Stone, Taylor of Alle-

ghany, Taylor of Caswell, Thomas of Anson, Thomas of Harnett,

Thornton, Underwood, Uzzell, Vogler, Ward, Warren, White, William-son and Withrow—86.


On motion of Mr. Siler the House adjourns and will meet tomorrowat 12:15 o'clock A.M.


SIXTH DAYHouse of Representatives

August 13, 1938



The House is led in repeating the Lord's Prayer by Dan W. Tomp-kins, Reading Clerk of the House.




On motion of Mr. Stone, Miss Dorothy Vogler, daughter of Repre-sentative Vogler of Mecklenburg County, is made an Honorary Pageof the House.



bills and resolutions, which are read the first time, and disposed of

as follows:

S. B. 13, a bill to be entitled An act to authorize the Town of RedSprings in Robeson County to issue revenue bonds for building a

hotel under the provisions of the Revenue Bond Act of One ThousandNine Hundred and Thirty-eight.

On motion of Mr. Adams, the bill is placed on its immediate passage.


Rules suspended.

Passes its second and third reading and is ordered enrolled.

S. B. 14, a bill to be entitled An act to repeal Section 19 of Chapter111 of the Private Laws of 1909 pertaining to the Charter of the Townof Wake Forest to permit the Town of Wake Forest to obtain grants

in aid from the Federal Government.

On motion of Mr. Hatch the bill is placed on its immediate passage.


Rules suspended.


S. B. 15, a bill to be entitled An act to permit counties, cities andtowns of this State to appropriate funds for participation in the World'sFair to be held in New York City in the year One Thousand NineHundred and Thirty-nine.

On motion of Mr. Fenner, the bill is placed on its immediatepassage.


Rules suspended.



CALENDAR


as follows

:

H. B. 8, a bill to be entitled An act to amend House Bill No. 3 of

the Special Session of 1938, known as the "Revenue Bond Act of 1938."

A substitute for the above bill is offered by Mr. Bryant.

The substitute bill is adopted.

Passed its second and third readings and is ordered sent to the

Senate without engrossment.

The original bill is laid on the Table.

H. B. 9, a bill to be entitled An act to amend Chapter 82 of the

Public Local Laws of 1927 to permit the issuance of revenue bonds for

self-liquidating projects without a vote of the people of MadisonCounty.

Passes its second and third readings and is ordered sent to the

Senate without engrossment.

S, B. 5, a bill to be entitled An act to validate bonds to be issued

by Pasquotank County for the acquisition of land for an airport or

landing field, and to provide for the issuance and payment of said

bonds.

Passes its third reading by the following roll call vote and is orderedenrolled.

Those voting in the affirmative are: Messrs. Adams, Allen, Andrews,Atkinson, Aycock, Barker, Barnes, Benton, Berry, Best of Wayne,Blankenship, Blount, Bost, Brooks, Bryant, Burgin, Burleson, Caffey,

Carruthers, Davis of Dare, Davis of Randolph, Dellinger of Gaston,

Eagles, Fenner, Finch, Flowers, Fulghum, Gardner, Garrett, Gass,

Grant, Gray, Hanford, Hatch, Haynes, Hobbs, Horton, Howard, Johnsonof Currituck, Johnston of Iredell, Jones, Kimzey, Ledbetter, Leggett,

Lumpkin, Mayhew, Martin, Mitchell, Moore, Murphy, McBryde, Mc-Dowell, McDuffie, McNair, McNeill, Norwood, Paylor, Peace, Pickens,

Pope, Quinn, Rasberry, Royster, Seeley, Sentelle, Siler, Smith, Spruill,

Stell, Stone, Taylor of Alleghany, Taylor of Caswell, Thomas of Anson,Thomas of Harnett, Thornton, Underwood, Uzzell, Vogler, Ward,Warren, White, Wilson of Forsyth, Wilson of Sampson and Withrow—84.


S. B. 6, a bill to be entitled An act to authorize the City of Elizabeth

City, North Carolina, and the County of Pasquotank, North Carolina,

to convey land to the United States Government for an airport for the

United States Coast Guard.

Passes its third reading by the following roll call vote and is orderedenrolled.

Those voting in the affirmative are: Messrs. Adams, Allen, Andrews,Atkinson, Aycock, Barker, Barnes, Benton, Berry, Best of Wayne,


Blankenship, Blount, Bost, Brooks, Bryant, Burgin, Burleson, Caffey,

Carruthers, Davis of Dare, Davis of Randolph, Dellinger of Gaston,

Eagles, Fenner, Finch, Flowers, Fulghum, Gardner, Garrett, Gass,

Grant, Gray, Hanford, Hatch, Haynes, Hobbs, Horton, Howard, Johnson

of Currituck, Johnston of Iredell, Jones, Kimzey, Ledbetter, Leggett,

Lumpkin, Mayhew, Martin, Mitchell, Moore, Murphy, McBryde, Mc-Dowell, McDuffie, McNair, McNeill, Norwood, Paylor, Peace, Pickens,

Pope, Quinn, Rasberry, Royster, Seeley, Sentelle, Siler, Smith, Spruill,

Stell, Stone, Taylor of Alleghany, Taylor of Caswell, Thomas of Anson,

Thomas of Harnett, Thornton, Underwood, Uzzell, Vogler, Ward, War-ren, White, Wilson of Forsyth, Wilson of Sampson and Withrow—84.


ENROLLED BILLS

Mr. Ward, for the Committee on Enrolled Bills, reports the follow-

ing bills and resolutions properly enrolled, and they are duly ratified

and sent to the Office of Secretary of State:

S. B. 8. An Act to repeal Section Nine of Chapter Two HundredThirty-one, Public Local Laws, Session One Thousand Nine HundredTwenty-seven, relative to the issuance of bonds by the County of

Randolph, so as to conform with the general law in this respect.

H. R. 1. Joint Resolution informing His Excellency, Governor ClydeR. Hoey, that the Extra Session of the General Assembly is ready to

proceed with public business.

H. R. 7. Joint Resolution relative to the printing of the acts andrecords of the Special Session of the General Assembly of One Thou-sand Nine Hundred and Thirty-eight.

H. B. 6. An Act to appropriate seventy-five thousand dollars for

the participation by the State of North Carolina in the New YorkWorld's Fair to be held in New York City in the year One ThousandNine Hundred and Thirty-nine.

H. R. 10. Joint resolution by the General Assembly of North Caro-lina providing for adjournment of the Extra Session of NineteenHundred Thirty-eight on August Thirteenth, One Thousand Nine Hun-dred and Thirty-eight.

S. B. 9. An Act to authorize the Board of Commissioners of the

Town of North Wilkesboro to close Section of Eighth Street.

H. B. 2. An Act to authorize the issuance of bonds and notes of the

State for permanent improvements of State institutions, departments,and agencies, and construction of buildings and permanent improve-ments for the State.

H. B. 3. An Act authorizing counties, cities, towns and sanitary

districts to acquire, construct, reconstruct, improve, better and extendrevenue-producing undertakings; to maintain and operate the same;to prescribe, revise and collect rates, fees, tolls and charges for the

services, facilities and commodities furnished thereby; and in anticipa-


tion of the collection of the revenues thereof, to issue negotiable bonds

payable solely from such revenues; regulating the issuance of such

bonds and providing for their payment and for the rights of the holders

thereof, and for other purposes.

H. B. 4. An Act to amend Section Two Thousand Nine Hundred andForty-three of Consolidated Statutes, Volume Three, as amended, the

same being a part of the Municipal Finance Act.

H. B. 5. An Act validating proceedings heretofore adopted byCarteret County, North Carolina, for the authorization of the refunding

bonds and funding bonds of said county, validating the bonds to beissued pursuant to such proceedings and the indebtedness refunding

and funded by the issuance of said bonds, providing for the issuance

and payment of said refunding and funding bonds, and providing that

this Act shall take immediate effect.

H. B. 8. An Act to amend House Bill Three of the Special Session

of One Thousand Nine Hundred and Thirty-eight, known as the "Reve-nue Bond Act of One Thousand Nine Hundred and Thirty-eight."

H. B. 9. An Act to amend Chapter Eighty-two of the Public LocalLaws of One Thousand Nine Hundred Twenty-seven permitting the

issuance of revenue bonds for self-liquidating projects without a vote

of the people in Madison County.

S. B. 5. An Act to validate bonds to be issued by PasquotankCounty for the acquisition of land for an airport or landing field andto provide for the issuance and payment of said bonds.

S. B. 6. An Act to authorize the City of Elizabeth City, NorthCarolina, and the County of Pasquotank, North Carolina, to conveyland to the United States Government for an airport for the UnitedStates Coast Guard.

S. B. 11. An Act to create Tar River Port Commission to own,manage and control dock facilities on Tar River in Pitt County.

S. R. 12. A Joint Resolution commending the Governor and the

Council of State upon the wisdom shown in calling Extra Session of

General Assembly of One Thousand Nine Hundred and Thirty-eight.

S. B. 13. An Act to Authorize the Town of Red Springs in RobesonCounty to issue revenue bonds for building a hotel under the pro-

visions of the Revenue Bond Act of One Thousand Nine Hundred andThirty-eight.

S. B. 14. An Act to repeal Section Nineteen of Chapter One Hun-dred and Eleven of the Private Laws of One Thousand Nine Hundredand Nine pertaining to the Charter of the Town of Wake Forest to

permit the Town of Wake Forest to obtain grants in aid from theFederal Government.

S. B. 15. An Act to permit counties, cities, and towns of this State

to appropriate funds for participating in the World's Fair to be held in

New York City in the year One Thousand Nine Hundred and Thirty-

nine.


message from the senate


Mr. Speaker:

You are respectfully advised that the business of the Senate has

been concluded and will be ready to open the doors of the Senateimmediately upon receipt of information from your Honorable Bodythat you are ready to open your doors that the gavels may fall simul-

taneously and adjournment declared, sine die.

Respectfully,

S. Ray Byerly, Clerk of the Senate.

Pursuant to the information submitted above, the House of Repre-sentatives having completed the business before it, a message is orderedsent the Senate informing that Honorable Body that the House stands

ready for adjournment.

The doors of the House and Senate are thrown open. The President

of the Senate is perceived standing ready to let fall the gavel, the hourfor adjournment fixed by Joint Resolution and passed by the twoHouses having arrived, the Speaker of the House of Representativesdeclares the House of Representatives of the Extra Session of 1938adjourned, sine die.

R. G. Cherry,Speaker of the House of Representatives

Extra Session of 1938

W. A. Baker,Principal Clerk, House of Representatives

Extra Session of 1938

INVENTORY OF OFFICE FURNITURE, FIXTURES AND OTHERPROPERTY

Principal Clerk's Office:

Two flat top desks

Two typewriter desks

Three steel filing sections

Two revolving oak desk chairs

Two wastebaskets.

Five bill files

One steel sectional bill file

Supply of rubber stampsSupply of blank formsFive costumers

One numbering machineOne Ace fastener

Two wire letter trays

One pencil sharpener

Two Jumpo letter files (composition)

One stamp clip board


In Journal Clerk's Office:

One mirrorOne large table

One bowlOne pitcher

One bucketOne typist chair

Four side chairs

Supply of Journal paper

In Speaker's Office:

One bowlOne pitcher

One bookcaseTwo costumersOne fiat top deskOne typist deskThree side chairs

One upholstered chair

One bucketOne 4-section steel filing cabinet

One Ace fastener

In Lobbies:

One roll top deskOne blackboardOne large table

One oak swivel chair

One adjustable desk lampEight white coats for porters

Six costumers

AMOUNTS PAID MEMBERS, OFFICERS AND EMPLOYEES

Of

THE NORTH CAROLINA HOUSE OF REPRESENTATIVES

EXTRA SESSION, 1938

Organizing HouseName DAOIN

No. of Days Amount Mileage

W. A. Baker, Principal Clerk 3 @ $7.00 $ 21.00

Annie E. Cooper, Assistant 1 @ 6.00 6.00

Lula S. Satisky, Assistant 1 @ 6.00 6.00

Alice H. Turner, Assistant 1 @ 6.00 6.00

Moses McLean, 2nd Class 3 @ 3.00 9.00

$48.00


Speaker's Office

R. Gregg Cherry, Speaker 6 @ 10.00 60.00

Mrs. Margaret Green, Secy 6 @ 6.00 36.00 33.80

Engrossing Office

Rosa B. Mund, Engrossing Clerk 8 @Beulah Lancaster, Assistant 6 @Daphne Gaskins, Assistant 6 @Leona Flynne, Assistant 6 @Mary Elizabeth Parris, Assistant 2 @

Pages

John Nicholson, Chief 6 @Marcellus Buchannan 6 @Carl Jonas 6 @Dan Davis 6 @Calvin Hudgins 8 @Graham Mims 6 @J. C. Hobbs, Jr 6 @George W. Worth 6 @John W. Caffey, Jr 6 @Frank King 6 @Graham K. Hobbs 4 @

$96.00 $33.80

Principal Clerk's Office

W. A. Baker, Principal Clerk 8 @ 7.00

Annie E. Cooper, Assistant 8 @ 6.00

Lula S. Satisky, Assistant 9 @ 6.00

Alice H. Turner, Assistant 8 @ 6.00

Mrs. Pauline Griffin, Disbursing Clerk.. 8 @ 6.00

$254.00 $48.80

Reading Clerk

Dan Tompkins 6 @ 6.00 36.00 61.20

56.00

48.00

54.00

48.00 9.20

48.00 39.60

$36.00 $61.20

7.00 56.00 26.20

6.00 36.00 6.60

6.00 36.00 23.80

6.00 36.00 52.00

6.00 12.00

$176.00 $108.60

4.00 24.00

3.00 18.00 30.60

3.00 18.00 21.90

3.00 18.00 33.90

3.00 24.00 3.70

3.00 18.00

3.00 18.00 13.33

3.00 18.00

3.00 18.00 8.20

3.00 18.00

3.00 12.00

$204.00 $111.60


Sergeant-at-Arms

W. T. Brown, Sgt.-at-Arms 6 @ 6.00 36.00 30.20

Top Dalton, 1st Class 6 @ 3.50 21.00 16.90

Isaac Brown, 2nd Class 6 @ 3.00 18.00 8.70

C. M. Higgins, 1st Class 6 @ 3.50 21.00 10.40

D. O. Hamrick, 1st Class 6 @ 3.50 21.00 19.70

George Cherry, 1st Class 6 @ 3.50 21.00 32.90

T. W. Phillips, 1st Class 6 @ 3.50 21.00 19.60

Alphonso Jordon, 2nd Class 6 @ 3.00 18.00

Will Bumpass, 2nd Class 6 @ 3.00 18.00

George Stell, 2nd Class 6 @ 3.00 18.00 2.00

Moses McLean, 2nd Class 8 @ 3.00 24.00

Joe Iredell, 2nd Class 6 @ 3.00 18.00

R. E. L. Peace, 2nd Class 6 @ 3.00 18.00

H. M. Burras, 2nd Class 6 @ 3.00 18.00 10.40

Ben Horner, 2nd Class 6@ 3.00 18.00

Sam Cabe, 1st Class 6 @ 3.50 21.00 29.90

Charlie Woodall, 1st Class 6 @ 3.50 21.00 1.30

$351.00 $182.00

SummaryDepartments Per Diem and Mileage

Organization of House $ 48.00

Speaker's Office 129.80

Principal Clerk's Office 302.80

Reading Clerk 97.20

Engrossing Clerk's Office 284.60

Pages 315.60

Sergeant-at-Arms 533.00

Total $1,711.00

Membership109 Members @ $48.00 5,232.00

$6,943.00

Journal of the House of Representatives of the General Assembly … · 2019-04-29 · HOUSEJOURNAL...

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Transcript of Journal of the House of Representatives of the General Assembly … · 2019-04-29 · HOUSEJOURNAL...